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HomeMy WebLinkAbout14.A. Zoning Amendment to Rezone Property from Agriculture Preservatio (AG) and Light Industrial (I1) to Urban Residential (R-1B) Zone-Ord. No. 735 CITY OF SHAKOPEE Memorandum CASE NO.: 05-066 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Zoning Amendment to Rezone Property from Agricultural Prese tion (AG) and Light Industrial (11) to Urban Residential (R-1B) Zone MEETING DATE: July 19, 2005 REVIEW PERIOD: April 28 - August 26, 2005 INTRODUCTION: Ridge Creek I, Inc. (Randy Noecker) has made application to rezone property from Agric Preservation (AG) and Light Industrial (11) to Urban Residential (R-1B). The property is north of CSAH 16 and east of Pike Lake Road extended. The property is approximately size. Please see Exhibit A in the attached Planning Commission report. The proposed zoning is consistent with the adopted land use plan. The land use plan property for single family residential development. ALTERNATIVES: 1. Approve Ordinance No. 735, an ordinance approving the request to rezone prope Urban Residential (R-1B) Zone. 2. Deny the request to zone property to Urban Residential (R-1B) Zone. 3. Deny the request to extend MUSA to the subject property. 4. Table the matter and request additional information from the applicant and/or sta . PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its June 9, 2005 meeting, and b unanimous vote recommended approval of the rezoning request. The Planning Comm sion staff report is attached for the Council's information. ACTION REQUESTED: Offer and approve a motion to approve Ordinance No. 735, an Ordinance Approving the ezomng of Property from Agricultural Preservation (AG) and Light Industrial (11) to Urban Resi ntial (R- IB), and move its adoption. h:\cc\2005\07 -19\reznoecker05066.doc ORDINANCE NO. 735, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY Z LAND GENERALLY LOCATED NORTH OF CSAH 16 AND EAST OF PIKE ROAD EXTENDED FROM AGRICULTURAL PRESERVATION (AG) AND L INDUSTRIAL (11) TO URBAN RESIDENTIAL (R-1B) ZONE WHEREAS, Ridge Creek I, Inc., applicant and Ridge Creek I, Inc. and Terry Hanson, owners have requested the rezoning of property from Agricultural Preservation (AG) and Light (Il)to Urban Residential (R-IB) Zone; and WHEREAS, the subject property is legally described as: That part of the Southwest Quarter of the Northeast Quarter and of the Southeast Qua er of the Northeast Quarter excepting the Easterly 591.75 feet thereof, all in Section 14, Township115, 6nge 22, which lies north of the following described line to wit: Commencing at the southwest corner 0 aid Southwest Quarter of the Northeast Quarter; thence North 0 degrees 18 minutes 27 seconds E t, on an assumed bearing, along the west line of said Southwest Quarter of the Northeast Quarter a di t nce of 613.09 feet to the point of beginning of the line to be described; thence South 81 degrees 00 m' utes East a distance of 1 022.16 feet; thence South 87 degrees 40 minutes East a distance of 1 055. 00 fee 0 the West line of the East 591.75 feet of said Southeast Quarter of the Northeast Quarter and there terminating; and WHEREAS, notices were duly sent and posted, and a public hearing was held before e Planning Commission on June 9, 2005, at which time all persons present were given an oppo nity to be heard; and WHEREAS, the City Council heard the matter at its meeting on July 21, 2005; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Sha pee hereby adopts the following findings of facts relative to the above-named request: Finding #1 The original zoning ordinance is not in error. Finding #2 Significant changes in community goals and policies have not The request to rezoning the property to Urban Residential (R-l to the policies and goals that the City has in place regarding districts and the provision of urban services. Finding #3 Significant changes in development patterns have occ d in that development at urban densities continues to occur in this portio fthe City. Finding #4 The requested zoning will be consistent with the approved Co prehensive Plan land use map. BE IT FURTHER RESOLVED, that the request to zone the property to Urban Resid e ial (R- IB) Zone 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. q / CITY OF SHAKOPEE Memorandum CASE NO.: 05-066 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Rezoning from Agricultural (AG) and Light mdustrial (ll) Urban Residential (R-IB) Zone MEETING DATE: June 9, 2005 REVIEW PERIOD: April 28 - August 26, 2005 Site Information Applicant: Ridge Creek I, me. Property Owner: Ridge Creek I, me. and Terry Hanson Location: North ofCSAH 16, east of Deans Lake and south of South bridge Existing Zoning: Agricultural Preservation (AG) and Light mdustrial (ll) Proposed Zoning: Urban Residential (R-IB) Zone Adjacent Zoning: North: Urban Residential (R-IB) Zone South: Urban Residential (R-IB) Zone West: Agricultural Preservation (AG) Zone East: Urban Residential (R-IB) Zone Compo Plan: Single Family Residential MUSA: The site is within the MUSA boundary. INTRODUCTION Ridge Creek I, me. (Randy Noecker) has submitted an application to rezone property fr Agricultural Preservation (AG) and Light mdustrial (II) to Urban Residential (R-IB) property is approximately 40 acres in size and is located north of CSAH 16 and east 0 Road extended. Please see Exhibit A. The Comprehensive Plan designates this property for single family residential develo property directly to the north, south, and east ofthe subject site are currently zoned U Residential (R-IB). The property to the west is currently zoned Agricultural Preserv but is guided for single family residential development. The subject property is located within the Metropolitan Urban Service Area (MUSA) The City Council granted MUSA to entire 80 acres under the applicants control in August 200 The rezoning request only pertains to the north 40 acres. The southern 40 acres was pre usly rezoned to Urban Residential (R-IB). CONSIDERATIONS The City's Comprehensive Plan sets basic policies to guide the development of the C' The purpose of designating different areas for residential, commercial, and industrial land es is to promote the location of compatible land uses, as well as to prevent incompatible land u s from being located in close proximity to one another. The Zoning Ordinance is one ofthe legal eans by which the City implements the Comprehensive Plan. Under Minnesota statute, zo gisto conform with a city's comprehensive plan. The proposed zoning is consistent with the adopted land use plan. Refer to Section 11.2 Residential Zone) for a listing of the uses, both permitted and conditional, which are all this zone. Copies of the land use plans and the Zoning Ordinance are available for view City Hall and will be made available at the June 9, 2005, meeting. Other staffwere provided the opportunity to provide comments regarding this applicati I. No adverse comments concerning the rezoning request were received by planning staff. S opee Public Utilities did comment that this development will need to coordinate with adjace ~ property owners to ensure the ability to loop water service through the developmeut. C rterPOint Energy has commented that they have been in contact with the applicant regarding the requiremeuts for the transmission line. CeuterPoint further stated that the applicant mu r sign a new easement. The applicant has an agreement to purchase the propertyfrom Terry Hanson. The City as not yet received any written communication that Mr. Hanson consents to this application. taff requests that written communication be received from Mr. Hanson or his representativ consenting to the application moving forward prior to City Council review of this requ FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed low 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. Criteria #2 That significant changes in community goals and policies have take Finding #2 Significant changes in community goals and policies have not taken lace. The request to rezoning the property to Urban Residential (R-1B) con rms to the policies and goals that the City has in place regarding urban zoning istricts and the provision of urban services. Criteria #3 That significant changes in City-wide or neighborhood developm t patterns have occurred; or Finding #3 Significant changes in development patterns have occurred in that d urban densities continues to occur in this portion- of the City. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The requested zoning will be consistent with the approved Comprehens' e Plan land use map. ALTERNATIVES 1. Recommend to the City Council the approval of the request to zone the subject pro Urban Residential (R -lB) Zone. 2. Do not recommend to the City Council the approval of the request to zone the subj property to Urban Residential (R-IB). 3. Continue the public hearing and request additional information from the applicant staff. 4. Close the public hearing, but table the matter and request additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1; recommend to the City Council the approval of the quest to zone the subject property to Urban Residential (R-IB) Zone. ACTION REQUESTED Offer and approve a motion to recommend to the City Council the approval of the request zone the subject property to Urban Residential (R-IB) Zone. g:\boaa-pc\2005\06-09\reznoecker05066.doc IBIT A canon IVlaps ee-LO Shakop AG h by PIO: 1._._____ ._ ! fEf~~fImDl:~ Searc --..-..-- Title: L-------.------- . -325&y=231 05/05/2005 .ct ntify&x- ?action=l e . p/default.asp. . g/ hakopee/locatlOnma . logIs.or s htto://glS.