HomeMy WebLinkAbout14.B. Comp Plan Amendment to Extend MUSA and Zone Property-Ord. No. 732-Res. No. 6262
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-044
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Comprehensive Plan Amendment to Extend MUSA, and Zone Property to
Medium Density Residential (R2) and Highway Business (B 1)
MEETING DATE: June 21,2005
REVIEW PERIOD: March 24 - July 22, 2005
INTRODUCTION
Tollefson Development has made application to extend Metropolitan Urban Service Area (MUSA)
to the subject property, and that the subject property be zoned to Highway Business (B 1) and
Medium Density Residential (R2).
DISCUSSION
The subject property is approximately 27 acres in size and is located north of 17th Avenue extended
and south of Highway 169 (Exhibit A).
The property located to the south and east have received approval for MUSA extension and
preliminary plat approval as the Countryside development The City has granted a total of 194,88
acres of MUS A in 2005 to date, leaving a remaining 1262.11 acres available for allocation of MUS A
The following Goals and Policies within the City's Comprehensive Plan contain provisions for the
granting of MUS A only if all of the following circumstances are found to exist Failure to comply
with all goals and policies shall result in the denial ofthe request.
GOAL #1:
Growth and expansion of that portion of Shakopee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
GOAL #2:
Any future annexation shall be undertaken in an orderly, fiscally sound manner, Property in annexed
areas shall be treated fairly relative to taxes and the provision of service,
Policies:
a. New areas will be added to MUSA only when that designation is consistent with
Goal #1 above.
b. Areas to be added to MUSA shall be located where utilities and community
facilities can be efficiently located or extended.
c. Designation of MUSA areas will be timed to enhance the City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. The addition of new MUSA areas shall either be timed to coincide with the
availability of utilities and community facilities, or be coordinated with plans to
provided utilities and community facilities.
e. The City will find that new MUSA areas will be suitable for development within
the timeframe being considered.
f. Designation of new MUSA areas shall be undertaken to better react to the
marketplace and to serve the community as a whole.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this item at its June 9, 2005 meeting and by a 7-0 vote,
recommended approval ofthe request to extend MUSA to the subject property and to zone the
property to Medium Density Residential (R2) and Highway Business (B 1) Zone, A copy of the
Planning Commission's report is attached for the Council's information,
ALTERNATIVES
1. Approve Ordinance No. 732, an ordinance approving of request to zone the property to
Medium Density Residential (R2) Zone,
2, Approve Resolution No, 6262, a resolution approving the request to extend MUSA to the
subj ect property,
3, Deny the request to extend MUSA to the subj ect property and direct staff to prepare the
appropriate resolution.
4, Deny the request to zone the property from to Medium Density Residential (R2) and Highway
Business (B 1) and direct staff to prepare the appropriate ordinance,
5. Table the matter and request additional information from the applicant and/or staff
ACTION REQUESTED
Ifthe Council concurs with the Planning Commission's recommendation, the Council should offer a
motion to approve Ordinance No, 732, an ordinance approving of request to zone the property to
Medium Density Residential (R2) Zone, and to approve Resolution No. 6262, a resolution approving
the request to extend MUSA to the subject property,
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ORDINANCE NO. 732, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY ZONING
LAND LOCATED SOUTH OF HIGHWAY 169 AND NORTH OF 17TH AVENUE
EXTENDED TO MEDIUM DENSITY RESIDENTIAL (R2) AND HIGHWAY BUSINESS (B1)
ZONE
WHEREAS, Tollefson Development, applicant, and Marystown, LLC, property owners,
have requested the zoning of property to Medium Density Residential (R2) and Highway Business
(Bl); and
WHEREAS, the subject property is legally described as attached on Exhibit 1; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on June 9, 2005, at which time all persons present were given an opportunity
to be heard; and
WHEREAS, the City Council heard the matter at its meeting on June 21, 2005; and
NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
Finding No.1: The original zoning ordinance is not in error. The property was previously
under the jurisdiction of Jackson Township, Now that the property has been
annexed into the City of Shakopee zoning must be established.
Finding No, 2: Significant changes in community goals and policies have not taken place that
mandate the requested zoning classifications,
Finding No, 3: Significant changes in development patterns have occurred in that the City has
annexed property from Jackson Township and development of the property is
imminent
Finding No, 4: The requested zoning will be consistent with the approved Comprehensive Plan
land use map.
BE IT FURTHER RESOLVED, that the request to zone the property to Medium Density
Residential (R2) and Highway Business (B 1) is hereby approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this
day of ,2005.
Mayor of the City of Shakopee
Attest: ,
Judith S, Cox, City Clerk
Published in the Shakopee Valley News on the day of ,2005.
RESOLUTION NO. 6262
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND
THE COMPREHENSIVE PLAN TO EXTEND MUSA TO PROPERTY LOCATED SOUTH
OF HIGHWAY 169 AND NORTH OF 17TH A VENUE EXTENDED
WHEREAS, Tollefson Development, applicant, and Marystown LLC, property owners,
have requested an amendment of the Comprehensive Plan to extend MUSA to the subject property;
and
WHEREAS, the subject property is legally described as attached on Exhibit 1; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on June 9, 2005, at which time all persons present were given an opportunity
to be heard; and
WHEREAS, the City Council heard the matter at its meeting on June 21,2005; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
GOAL #1:
Development of this property shall be controlled and focused to maintain the City's fiscal soundness
consistent with other community-wide goals.
GOAL #2:
This property is currently within the City limits; therefore, this not a request for an annexation, This
property shall be treated fairly relative to taxes and the provision of service,
Policies:
a. Development of this property is consistent with Goal #1 above.
b. This property is located where utilities and community facilities can be efficiently
located or extended.
c. Extending MUSA to this property is timed to enhance the City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. Extending MUSA to this property is timed to coincide with the availability of utilities
and community facilities, or shall be coordinated with plans to provided utilities and
community facilities.
e. The City has determined that in extending MUSA to this property, it will be suitable
for development within the timeframe being considered.
f. Granting MUSA to this property is undertaken to better react to the marketplace and
to serve the community as a whole.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan to
extend MUSA to the property described above is hereby approved,
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this
day of ,2005.
Mayor of the City of Shakopee
Attest: ,
Judith S, Cox, City Clerk
CITY OF SHAKOPEE ~1
Memorandum
CASE NO.: 05-044
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Reguiding of property to Medium Density Residential and Commercial,
Extension of MUS A, and Zoning to Medium Density Residential (R2) and
Highway Business (B 1)
MEETING DATE: June 9, 2005
REVIEW PERIOD: March 24, 2005 - July 22, 2005
INTRODUCTION
Tollefson Development has submitted applications for the reguiding of property from Single Family
Residential to Medium Density Residential and Commercial, extension of MUS A, and zoning to
Medium Density Residential (R2) and Highway Business (B 1) zones. The property is located south
of Highway 169 and east of County Road 15 (Marys town Road) (see Exhibit A). The property is
approximately 28 acres in size.
DISCUSSION
The Metropolitan Council recently approved a Comprehensive Plan amendment to address the
property that has been recently annexed into the City of Shakopee. This amendment addressed
(among other things) that the subject property be guided for a combination of Medium Density
Residential and Commercial development. The comprehensive plan amendment also addressed
sewer capacity for the subject site, the Countryside project area, and the property owned by ISD
720.
The following Goals and Policies contain provisions for the granting of MUS A only if all of the
following circumstances are found to exist. Failure to comply with all goals and policies shall result in
the denial of the request.
GOAL #1:
Growth and expansion of that portion of Shako pee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
GOAL #2:
Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed
areas shall be treated fairly relative to taxes and the provision of service.
Policies:
a. New areas will be added to MUSA only when that designation is consistent with
Goal #1 above.
b. Areas to be added to MUSA shall be located where utilities and community
facilities can be efficiently located or extended.
c. Designation of MUS A areas will be timed to enhance the City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. The addition of new MUSA areas shall either be timed to coincide with the
availability of utilities and community facilities, or be coordinated with plans to
provided utilities and community facilities.
e. The City will find that new MUSA areas will be suitable for development within
the timeframe being considered.
f. Designation of new MUSA areas shall be undertaken to better react to the
marketplace and to serve the community as a whole.
The subject site is located within the Phase I area for extension of urban s~rvices.
The City's Comprehensive Plan sets basic policies to guide the development ofthe City. The purpose
of designating different areas for residential, commercial, and industrial land uses is to promote the
location of compatible land uses, as well as to prevent incompatible land uses from being located in
close proximity to one another. The Zoning Ordinance is one of the legal means by which the City
implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's
comprehensive plan.
The proposed zoning is consistent with the adopted land use plan. Refer to Sections 11.32 and
11.36 (Medium Density Residential Zone and Highway Business Zone) for a listing of the uses,
both permitted and conditional, which are allowed in these zones. Copies of the land use plans and
the Zoning Ordinance are available for viewing at City Hall and will be made available at the June
9,2005, meeting.
Other staff were provided the opportunity to provide comments regarding this application. No
adverse comments concerning the rezoning request were received by planning staff.
FINDINGS
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original zoning ordinance is not in error. The property was previously under the
jurisdiction of Jackson Township. Now that the property has been annexed into the
City of Shako pee zoning must be established.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have not taken place that mandate
the requested zoning classifications.
Criteria #3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding #3 Significant changes in development patterns have occurred in that the City has annexed
property from Jackson Township and development of the property is imminent.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The requested zoning will be consistent with the approved Comprehensive Plan land
use map.
STAFF RECOMMENDATION
After evaluating the request against the stated criteria and as a result of the recent approval ofthe
Comprehensive Plan amendment for this area, staff recommends approval of the request to extend
MUSA and rezone the subject site to Medium Density Residential (R2) and Highway Business
(B1).
ALTERNATIVES
1. Offer a motion to approve the request to rezone property to Medium Density Residential
(R2) and Highway Business (B1) and extend MUSA to the property.
2. Offer a motion to deny the request to rezone property to Medium Density Residential
(R2) and Highway Business (B 1) and extend MUSA to the property.
3. Offer a motion to continue the public hearing and request additional information from
the applicant and/or staff.
4. Offer a motion to table a decision and request additional information from the applicant
and/or staff
ACTION REQUESTED
Offer a motion to recommend to the City Council the approval ofthe request to extend MUSA and
rezone the subject site to Medium Density Residential (R2) and High ay Business (B 1).
-~
u ie Klima
Planner II
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Shakopee - Location Maps Page 1 of 1
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