Ledios Engineering, LLC & Shakopee Public Utilities have submitted a Conditional Use Permit (CUP) application to allow for the construction of an overheight electrical distribution substation and fence at 8850 Hansen Avenue, located south of Hansen Avenue and just west of Maras Street extended, on property zoned Light Industry (I-1) Zone. Overheight structures are allowed as a conditional use within the I-1 Zone, and shall be setback from each property line a distance equal to half the structure height (45 feet required setback). The electric substation will be used to serve the eastern part of the Shakopee Public Utilities electric service area.

CONSIDERATIONS
Attached to this report is a drawing showing the conceptual layout of the SPUC Substation, identifying the overheight antenna, static shield poles, I-beam box structures, and an 8-foot perimeter chain link fence. The steel box structures shall not exceed 90’ in height, and the static & antenna poles shall not exceed 80’ in height. The switchgear buildings will have a galvanized steel frame with a red brick veneer. SPU will be primarily utilizing the north two-thirds of the site, with the southerly third to incorporate an infiltration basin/storm pond and landscaping, both existing and new plantings.

The elevations would be nearly identical to those shown for the West Shakopee and Prior Lake Substations. The applicant has provided photos that are representative of what the facilities will look like. Any proposed exterior material shall comply with all design and performance standards of the City Code. City Code Section 151.108 lists permitted building design and materials.

Other departments and agencies have had the opportunity to review and comments were received from City Engineering, Finance and Planning. Those comments have been incorporated into the draft resolution for the Board’s consideration.

FINDINGS
Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states “In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole.” The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings.

The criteria required for the granting of conditional use permits are listed below with staff findings.

Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution.

Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution.

Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 The Board finds that adequate utilities, access, drainage and other necessary
facilities have been or will be provided for the site. The addition to the substation allows for continued development within Shakopee and allows for continued economical rates for SPUC customers.

Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone.

Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan.