The URL can be used to link to this page

Home My WebLink About12.A. Comp Plan Amendment to Extend MUSA, and Rezone Property-Res. No. 6630-Ord. No. 784 J 2.. H, CITY OF SHAKOPEE Memorandum CASE N .: 07-029 TO: Mayor and City Council Mark McNeill,. City Administrator FROM: Julie Klima, Planner II SUBJEC : Comprehensive Plan Amendment to extend MUSA, and Rezone Property from Rural Residential (RR) to Sewered Rural Residential (SRR) MEETIjG DATE: July 17,2006 REVIEW PERIOD: May 24 - September 21,2007 INTROD CTION: Beckrich ark Estates Homeowners Association has made application extend Metropolitan Urban Service ea (MUSA) to the Beckrich Park Estates development. Additionally, the Homeowners Associati I n has requested that the property be rezoned from Rural Residential (RR) to Sewered Rural Rllential (SRR). The prop ,rty is located north of County Road 78 and east of County Road 79. The property is approxim tely 73 acres in size. Please see Exhibit A for location. PLANNIkG COMMISSION RECOMMENDATION: The Plampng Commission reviewed this application at its July 5,2007 meeting. The CommissIOn recommended approval of the MUSA extension request and the rezoning of the property om Rural Residential (RR) to Sewered Rural Residential (SRR). The Planning Commiss on staff report is attached for the Council's information. VISIONI G RELATIONSHIP: This action supports Goal D "Vibrant, resilient, and stable", Strategy 11 "Ensure Range of HOUSinj ALTE IATIVES: 1. Afprove the request to exteud MUSA to the snbject property and to rezone the property fr m Rural Residential (RR) to Sewered Rural Residential (SRR). 2. D ny the request to extend MUSA to the subject property and to rezone the property from Rr;,al Residential (RR) to Sewered Rural Residential (SRR). 3. T ble the matter and request additional information from the applicant and/or staff. ACTIOJ REQUESTED: Offer a motion to approve Resolution No. 6630, extending MUSA to the property, and to approve Ordinanc No. 784, rezoning the property to Sewered Rural Residential (SRR), and move its adoption. h:\cc\2007\O -17\cmpplmezbeckrichpark.doc RESOLUTION NO. 6630 A SOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEN I THE COMPREHENSIVE PLAN TO EXTEND MUSA TO BECKRICH PARK ESTATES W EREAS, the Beckrich Park Homeowners Association, applicant and property owner, has reque ted the extension of MUS A to the property; and ~EREAS, the subject property is legally described as: Be krich Park Estates, Scott County, Minnesota; and W EREAS, notices were duly sent and posted, and a public hearing was held before the Planning ommission on July 5,2007, at which time all persons present were given an opportunitl to be heard; and W EREAS, the City Council heard the matter at its meeting on July 17, 2007; and N W, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee terehY adopts the folIowing findings of facts relative to the above-named reqnest: GOAL #1 Growth anrexpansion of that portion of Shakopee served hy pOOlic services shall be controlled and focused to aintain the City's fiscal soundness consistent with other community-wide goals. Growth anf extension of services in this area would be directly adjacent to property within the existing M 'SA line and areas recently developed. Additionally, the property owners have agreed to cover th · costs of extending municipal services to their property. GOAL #2 Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed art shall be treated fairly relative to taxes and the provision of service. The property is already within the city limits. Policies: a. New areas will be added to MUSA only when that designation is consistent with Goal #1 above. The subject property can be added to MUSA because its addition is consistent with Goal No. 1. b. Areas to be added to MUSA shall be located where utilities and community facilities can be efficiently located or extended. Services can be extended to serve the subject property from the Valley Creek Crossing development located just north and east of the subject site. 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. The utilities already extend to the subject site and further extension to this project areafacilitates economical services of areas of the City south ofCR 78. Additionally, the provision of looped water services will provide benefit to properties south of CR 78. 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. Sanitary sewer and water services are adjacent to this project area with the development of adjacent parcels. Sanitary sewer and water could be extended to this development. e. The City will find that new MUSA areas will be suitable for development within the timeframe being considered. These parcels are already developed. The character of the neighborhood is not proposed for change or redevelopment. The request is only for the extension of services to existing residential uses. f. Designation of new MUSA areas shall be undertaken to better react to the marketplace and to serve the community as a whole. Designation of MUSA to this property will serve the community in that it provides for further potential extension of services to properties to the south and west. BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by extension f the MUSA boundary is hereby approved. Pasfed in regular session of the City Council of the City of Shako pee, Minnesota held this day of ' 2007. Mayor of the City of Shakopee Attest: , J dith S. Cox, City Clerk ORDINANCE NO. 784 A RE~OLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REZ NE PROPERTY FROM RURAL RESIDENTIAL (RR) ZONE TO SEWERED RURAL RESIDENTIAL (SRR) W EREAS, Beckrich Park Estates Homeowners Association, applicant and property owner, ha~ requested the rezoning of property from Rural Residential (RR) to Sewered Rural Residentia (SRR); and EREAS, the subject property is legally described as Be I krich Park Estates, Scott County, Minnesota; and W EREAS, notices were duly sent and posted, and a public hearing was held before the Planning lommission on July 5,2007, at which time all persons present were given an opportunit. to be heard; and EREAS, the Planning Commission recommended that the property be rezoned to ral Residential (SRR); and EREAS, the City Council heard the matter at its meeting on July 17, 2007; and NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shakopee 1erebY adopts the following findings of facts relative to the above-named request: Finding #f The original zoning ordinance is not in error. Finding #1 Significant changes in community goals and policies have taken place. In October 2006, the City Council adopted the Sewered Rural Residential (SRR) zone in order to serve developments such as the subject site. Finding #[ Significant changes in development patterns have occurred in that urban residential development has occurred adjacent to Beckrich Park Estates, thereby making the extension of services economic and feasible. Finding The Comprehensive Plan, as adopted, by the Shako pee City Council is consistent with the request. BE IT FURTHER RESOLVED, that the request to rezone the property from Rural Residential (RR) Zone to Sewered Rural Residential (SRR) is hereby approved. pasled in regular session of the Ctty Council of the City of Shalwpee, Minnesota held this day of ' 2007. Mayor of the City of Shako pee Attest: , J dith S. Cox, City Clerk CITY OF SHAKOPEE Memorandum CASE NO.: 07-029 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Rezone property from Rural Residential (RR) to Sewered Rural Residential (SRR) and Extension of MUS A MEETING July 5,2007 REVIEW P RIOD: May 24 - September 21,2007 INTRODUC ION Beckrich Par Estates Homeowners Association has made application for rezoning of property from Rural Reside tial (RR) Zone to Sewered Rural Residential (SRR) Zone and the extension of MUSA. The property s located south of County Road 78 and west of CSAH 17 (see Exhibit A). The property is ap roximately 73 acres in size. This project was developed and platted as a Planned Unit DevelOPf.ent (PUD). There are approximately 35 single-family lots ranging in size from I to 2 acres. The emainder of the development has been set aside as open space to meet the requirements f the PUD ordinance that was in place at the time of development. As urban development as expanded within the City, it has become adjacent to Beckrich Park Estates. The omeowners association has stepped forward and asked that Beckrich Park Estates be rezoned to all,w for extension of municipal services and that MUSA be extended at the cost of the all properties . ith the exception of one (Lot 2, Block 4). DISCUSSIO While the subj~ct property is proposed to be in the Phase IT MUSA area, the City does retain the authority to allEcate MUSA outside of the Phase I area if the following Goals and Policies. are found to be served bye extension. Failure to comply with all goals and policies shall result in the denial of the request. Staff as provided draft analysis of these goals to assist the Commission in its discussion. Ofthe 2186 ac es provided to the City for MUSA expansion, a total of 925.24 acres remain available. GOAL #1 Growth and 1ansion of that portion of Shakopee served by public services shall be controlled and focused to ma' I tain the City's fiscal soundness consistent with other community-wide goals. Growth and eJension of services in this area would be directly adjacent to property within the existing MUSA line an areas recently developed. Additionally, the property owners have agreed to cover the costs of extendi g municipal services to their property. GOAL #2 1 Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed areas shall e treated fairly relative to taxes and the provision of service. The proper is already within the city limits. Policies: a. New areas will be added to MUSA only when that designation is consistent with Goal #1 above. The subject property can be added to MUSA because its addition is consistent with Goal No. 1. b. Areas to be added to MUSA shall be located where utilities and community facilities can be efficiently located or extended. Services can be extended to serve the subject property from the Valley Creek Crossing development located just north and east of the subject site. 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. The utilities already extend to the subject site and further extension to this project area facilitates economical services of areas of the City south ofCR 78. Additionally, the provision of looped water services will provide benefit to properties south ofCR 78. 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. Sanitary sewer and water services are adjacent to this project area with the development of adjacent parcels. Sanitary sewer and water could be extended to this development. e. The City will fmd that new MUSA areas will be suitable for development within the timeframe being considered. These parcels are already developed. The character of the neighborhood is not proposed for change or redevelopment. The request is only for the extension of services to existing residential uses. f. Designation of new MUSA areas shall be undertaken to better react to the marketplace and to serve the community as a whole. Designation of MUSA to this property will serve the community in that it provides for further potential extension of services to properties to the south and west. The City's omprehensive Plan sets basic policies to guide the development of the City. The purpose of designati g different areas for residential, commercial, and industrial land uses is to promote the location of .ompatible land uses, as well as to prevent incompatible land uses from being located in close prox 'ty 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 to a city's comprehens ve plan. Copies of the land use plans and the Zoning Ordinance are available for viewing at ity Hall and will be made available at the July 5, 2007, meeting. The applic t has requested that the entire subj ect property be rezoned to Sewered Rural Residential (SRR). Th SRR zone was recently adopted and established by the City Council. The purpose of 2 the SRR zone is to allow low-density residential development in areas that were platted prior to Septemb r 2006 and which are served by municipal urban services. City staf has received comment from Comcast Cable. Comcast has commented that any impact this proj~ct may have related to adjusting or relocating existing facilities is subject to reImbuts ment to Comcast Cable applIcable costs of relocatIOn/adJustment and subject to sChedulinr of work requested. . FINDIN~ The crite~ia required for the granting of a Zoning Ordinance Amendment are listed below with proposed fndingS for the Commission's consideration. Criteria 11 That the original Zoning Ordinance is in error; Finding # . The original zoning ordinance is not in error. Criteria ~ That significant changes in community goals and policies have taken place; Finding 2 Significant changes in community goals and policies have taken place. In October 2006, the City Council adopted the Sewered Rural Residential (SRR) zone in order to serve developments such as the subject site. Criteria #: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding # Significant changes in development patterns have occurred in that urban residential development has occurred adjacent to Beckrich Park Estates, thereby making the extension of services economic and feasible. That the comprehensive plan requires a different provision. The Comprehensive Plan, as adopted, by the Shako pee City Council is consistent with the request. STAFF COMMENDATION After eval ating the request against the stated criteria for extension of MUS A and rezoning, staff recommenr approval of the request to extend MUSA aud to rezoue to Sewered Rural Residential (SRR) Zon . ALTERN4TIVES 1. Offer a EotIOn to recommend to the CIty CouncIl the approval of the request to extend MUSA and to rezone the subject site to Sewered Rural Residential (SRR). 2. Offer a. otion to recommend to the City Council the denial of the request to extend MUSA and to rezo e the subject site to Sewered Rural Residential (SRR). 3. Offer a otion to continue the public hearing and request additional information from the applic t and/or staff. 4. Close t~e public hearing, and offer a motion to table and request additional infonnation from the applica t and/or staff. 3 ACTION RE VESTED Offer a otion to recommend to the City Council the approval of the request to extend MUSA and to rezone the subject site to Sewered Rural Residential (SRR), and move its approval. h:\boaa-pc\2 07\07-05\rezmusa beckrich 07029.doc 4 Shakope - Location Maps Page I of 1 ~XH'"Brr A N ~ Subject Property + SHAKO EE ...... Shakopee Boundary COMMU'NITYPRIDES E1857 S c:J Zoning Boundary ReZO~ing Rural Residential - c:J Parcel Bollll<iar)r Planned Unit Development (RR- PUD) o Sewered Rural Resid ntial (SRR) and Comp ehensive Plan Amen ment to extend MUSA http://gis.1ogis. I rg/shakopee/locationmap/map.asp?title=Rezoning+ Rural+Residential+-+... 05/30/2007 ,,1: I I ESU..rES IBECKRICH PARK ESTA~S' , .",'. ,'~"___' 123820 I . ~.".._~",.,,,,,,,..,- ~ " "- . I' , ,,,.... <0". .. '" .. ow ,,,..... ~".. 0 "~,, """'" ~"OOO'~"" ~.,,~", ! :';'1 [. "()<'l' r ~4~OO ~ .. tLtw,r,olt."9Q"" fUS<'lSlg~9' SU "'ttoll~,","""()1l WO.I700<> 01 IIlll.r.... ~Io<t ~ ~ I 1lIl~'J..e tU'ft." 1_,..'" ... ."",," ..u,' M..,,1l'I(l 0Il,(NTl1'101l' '>If: 5(PU1'>! lINt /'JI' 1'Hl '111',/4 '''"~ \ I &hz'1 ~ 'K".',"""~' ..",w'"..""',, ~''''I: i I ru,,'u't."t -- ~ Jl i 1 IP.OO".' I '0-00 'HI ~ i! '$ I _____ 1 L ----- Seole-{indl.IOOf~ ,;; I ~ ,~ ....., 10'"'I""I."'.......,oI~I-";"... 01..., 'QO 0 100 200 1IL'O ~ i ! '~ II""" _'.'t. '''''10_,''' .-. .. "'. .,01. StAU ," HtT ~ ,*-..J i I -~"Ii...., 511~ 11/ SWIIO, s",- '8,' "~." l' ,,~ : N I ,"". _ 1313.56 N 89'12'0/" E __ ~.i(.'" ~ ",,',S'oo"' - HOO 6 SI!lOOO .."7...... ..,,~' l' 2 ""''1; , r.i i! rJ 4! -- -. 0 ~ ~ i ?Utl,..... _ 0.0","'0 h......,l..; I ~ !el~ ~ . I" ~ ! I " :g ~ ~ l~ , !~ ~!"' - . ~ m: blii ~ iDi %1" oJ ?. ll9"2.t'S?'t bf I" '--, I' I zi . mr- . , ., f.. ~J! I ' ~ "I 2 ~8 2 I! "'"'' j ".r' ~#I ~I'~ > J/~,b'j ; ~I pN r !~);~ ~ I i ~~!~ ~ J :~I(X: tD .It>-, 7 6 1.0 . .;; I- i OUTLOT C ' , : m I 18 ~ lao, J !! ~ i 8 N"or~'w 1':,;:7 'J , j S I ::1 _ 1;..1H ., I" '0 ~... ; : ~ j ;.oJ.\. t ~. 8~ Itoi!2._S21 I .... \. 1",00 llUtl~, 9} 1ln4') 6oo"MW,t' .; \ non 1l,,'M''''''-Il'li.Jt9.14 ~ ~.?6 ' 8' So....... _~sw"..'" 2", :; 1, '~::~':';~:.;~;,~ ~~~~'4.' $ COUNTY ~; ~C:~; ;;;' :..:~."""'"""--~ ~ ~.- : ... -. s<",~c""".ylt.. .',. -......, 45111 ...(.ur.rr.... R",q; -':0 ~/8 'i ::! (!~-l(: TH !n.B.~~~r WF.~T) _..._ ~_. ~ -"-1 . . ~ --1---- --- ---"-'- ~"T -'--'----- r--- ~ --12556.13 N e8'39'2'" E ALLAN'S LANO SURVEYING (i ~ I STONE8ROO!<E F\RST \ AD[)!'TjON I S""llom .2 .U!.4021 SHEET 2 ., 2 SHEET