HomeMy WebLinkAbout12.B. Reguiding, MUSA Extension & Rezoning-Res. No. 6422-Ord. No. 757
CITY OF SHAKOPEE J~. &,
Memorandum
CASE NO.: 06-043
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Reguiding of property to from Rural Residential to Single Family
Residential; rezone from Agricultural Preservation (AG) Zone to Urban
Residential (R-IA); and Extension of MUS A
MEETING DATE: May 16, 2006
REVIEW PERIOD: March 23.- July 21,2006
INTRODUCTION:
Council is asked to consider Associated Capital Corporation's (ACC's) request to 1) re-guide
property from Rural Residential to Single Family Residential; 2) rezone said property from
Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone; 3) and extend MUSA to
said property. The property is located south of County Road 78 and west of CSAH 17 (see Exhibit
A). The property is approximately 15 acres in size. A copy of the report that went to the Planning
Commission for consideration on May 4,2006 is attached for the Council's consideration.
PLANNING COMMISSION RECOMMENDATION:
After considering the request at its May 4th meeting, the Planning Commission unanimously
recommended to the Council that 1) the Council re-guide the subject property from Rural
Residential to Single Family Residential; 2) rezone said property from Agricultural Preservation
(AG) Zone to Low Density Residential (R-IA) Zone; 3) and extend MUSA to said property.
Because the applicant's request was originally for Urban Residential (R -1 B) Zone, the
Commissioners did discuss with the applicant's representative whether R-IA would work for their
development. The representative responded that with the contemplated change in lot depth
requirements for R-IA, it was expected by the applicant that R-IA was workable for their
contemplated development.
ALTERNATIVES:
I. Offer and pass Resolution No. 6422, a resolution of the City of Shakopee to re-guide property
from Rural Residential to Low Density Residential, and to extend MUSA to said property; and
offer and pass Ordinance No. 757, an ordinance rezoning property from Agricultural
Preservation (AG) Zone to Low-Density Residential (R-1A) Zone.
2. Offer and pass a motion directing staff to prepare alternative an alternative resolution/ordinance
for action at the Council meeting of June 6, 2006.
3. Table the request to seek additional information from the applicant and/or staff.
H:\CC\2006\05-16\ReguideRezMUSA ACC 06043 CC.doc 1
ACTION REQUESTED:
Offer and pass Resolution No. 6422, a resolution ofthe City of Shakopee to re-guide property from
Rural Residential to Low Density Residential (subject to Metropolitan Council consent or waiver as
required), and to extend MUSA to said property; and offer and pass Ordinance No. 757, an
ordinance rezoning property from Agricultural Preservation (AG) Zone to Low-Density Residential
(R-IA) Zone.
~
R. Michael Leek
Community Development Director
H:\CC\2006\05-16\ReguideRezMUSA ACC 06043 CC.doc 2
RESOLUTION NO. 6422
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO
AMEND THE COMPREHENSIVE PLAN TO RE-GUIDE PROPERTY FROM
RURAL RESIDENTIALTO LOW DENSITY RESIDENTIAL, AND TO EXTEND
MUSA TO SAID PROPERTY, WHICH IS LOCATED WEST OF CSAH
17/MARSCHALL ROAD AND SOUTH CSAH 78
WHEREAS, Associated Capital Corporation (ACC), applicants and property
owners, have requested an amendment ofthe Comprehensive Plan to re-guide property
from Rural Residential to Low-Density Residential and to extend MUSA to the property
as described below; and
WHEREAS, the subject property is legally described as:
See Exhibit 1,. and
WHEREAS, notices were duly sent and posted, and a public hearing was held
before the Planning Commission on May 4, 2006, 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 May 16, 2006;
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
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.
FINDING 1: Growth and extension of services in this area would be directly adjacent to
property within the existing MUSA line and areas recently developed.
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.
FINDING 2: 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.
FINDING 2.a. The subject property can be added to MUSA because its
addition is consistent with Goal No.1.
H:\CC\2006\0 1-17\RES NO 6422 ACC REGUIDE MUSA.doc 1
b. Areas to be added to MUSA shall be located where utilities and
community facilities can be efficiently located or extended.
FINDING 2.b. Services can be extended to serve the subject property from
the Valley Creek Crossing development locatedjust north ofCR 78.
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.
FINDING 2.c. Sanitary sewer and water services could be extended as a
part of this development. As part of Valley Creek Crossing water
infrastructure improvements.have already been planned or constructed, to
wit a booster station for pressure purposes.
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.
FINDING 2.d. Sanitary sewer and water services are approaching this
parcel with the development of acijacent parcels. Sanitary sewer and water
could be extended as a part of this development.
e. The City will find that new MUSA areas will be suitable for
development within the timeframe being considered.
FINDING 2.e. It is feasible that development of this parcel is likely to occur
in 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.
FINDING 2/ Designation of MUSA to this property may allow for open
space connections to serve the community, as well as, development of
additional single family detached dwelling units with amenities that are not
necessarily readilyavailable in other parts of the community.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive
Plan to re-guide the subject property from Rural Residential to Low-Density Residential
and 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 ,2006.
Mayor ofthe City of Shakopee
Attest:
Judith S. Cox, City Clerk
H:\CC\2006\01-17\RES NO 6422 ACC REGUIDE MUSA.doc 2
ORDINANCE NO. 757, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY
REZONING LAND LOCATED WEST OF CSAH 17/MARSCHALL ROAD AND
SOUTH OF CSAH 78 FROM AGRICULTURAL PRESERVATION (AG) ZONE TO
LOW DENSITY RESIDENTIAL (R~IA) ZONE
WHEREAS, Associated Capital Corporation (ACC), applicants and property
owners, have requested an amendment of the Comprehensive Plan.to re-zone property
from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone; and
WHEREAS, the subject property is legally described .as:
See Exhibit 1,' and
WHEREAS, notices were duly sent and posted, and a public hearing was held
before the Planning Commission on May 4, 2006, at which time all persons present were
given an opportunity to be heard; and
WHEREAS, the Planning Commission has recommended to the City Council
that the subject property instead be re-zoned to Low Density Residential (R-1A) Zone,
and the applicants have indicated that the recommended zoning change is suitable for
their purposes; and
WHEREAS, the City Council heard the matter at its meeting on May 16, 2006;
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:
Finding #1: The original zoning ordinance is not in error.
Finding #2: Significant changes in community goals and policies have not taken
place that mandate the requested zoning classification. The 1999
Comprehensive Plan guides the property for single-family residential
use, and the Council adopted Comprehensive Land Use Plan Update
guides the property for low density residential development,
consistent with the zoning proposal.
Finding #3: Significant changes in development patterns have occurred in that
residential development is occurring within the vicinity of the subject
property. Rezoning the property to Low Density Residential (R -1 A)
or Urban Residential (R-1B) would allow for connections to be made
between development projects.
Finding #4: The Comprehensive Plan, as adopted, by the Shako pee City Council
and is pending review by the Metropolitan Council, is consistent with
the request.
BE IT FURTHER RESOLVED, that the request to rezone the property from
Agricultural Preservation (AG) Zone to Low Density Residential (R-1A) Zone is hereby
approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota held this
day of ,2006.
Mayor of the City of
Shakopee
Attest:
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of ,20_.
CITY OF SHAKOPEE ,dP-Cf
Memorandum
CASE NO.: 06-043
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Reguiding of property to from Rural Residential to Single Family
Residential; rezone from Agricultural Preservation (AG) Zone to Urban
Residential (R-IB); and Extension of MUS A
MEETING DATE: . May 4,2006
REVIEW PERIOD: March 23 - July 21,2006
INTRODUCTION
Associated Capital Corporation (ACC) has made application for reguiding of property from Rural
Residential to Single Family Residential; rezone from Agricultural Preservation (AG) Zone to
Urban Residential (R~lB) Zone; and extension ofMUSA.
The property is located south of County Road 78 and west of CSAH 17 (see Exhibit A). The
property is approximately 15 acres in size.
DISCUSSION
The City's 1999 Comprehensive Plan guides the property for rural residential use. The City
Council has approved the Comprehensive Plan Update, which guides this property for low-density
residential development, but the Metropolitan Council has not yet approved the proposed
Comprehensive Plan Update, and thus the City is not yet authorized to put the update into effect.
.
The subject property is indicated as being in the Phase IlMUSA area in the draft Comprehensive
Plan Update. However, the property is directly adjacent to and existing 25-acre parcel (under
ACC's control) that is currently within the MUSA boundary.
The applicant submitted the attached concept (Exhibit B) in connection with the application. The
conceptual sketch is for illustrative purposes only. The Planning Commission and City Council are
not being asked to take any action with regard to the proposed site plan.
While the subject property is proposed to be in the Phase IT MUSA area, the City does retain the
authority to allocate MUSA outside of the Phase I area if the following Goals and Policies are found to
be served by the extension. Failure to comply with all goals and policies shall result in the denial of the
request. Staff has provided draft analysis of these goals to assist the Commission in its discussion.
Of the 2186 acres provided to the City for MUSA expansion, a total of 1012.64 acres remain available.
In 2006, the City has allocated 87.72 acres of MUS A to date.
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.
1
Growth and extension of services in this area would be directly adjacent to property within the existing
MUSA line and areas recently developed.
GOAL #2
Any fhture 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.
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 locatedjust north ofCR 78.
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.
Sanitary sewer and water services could be extended as a part of this development. As
part of Valley Creek Crossing water infrastructure improvements have already been
planned or constructed, to wit a booster station for pressure pUlposes.
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 approaching this parcel with the development of
adjacent parcels. Sanitary sewer and water could be extended as a part of this
development.
e. The City will frod that new MUSA areas will be suitable for development within
the timeframe being considered.
It isfeasible that development ofthisparcel is likely to occur in 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.
Designation of MUSA to this property may allow for open space connections to serve
the community, as well as, development of additional single family detached dwelling
units with amenities that are not necessarily readily available in other parts of the
community.
The City's Comprehensive Plan sets basic policies to guide the development of the 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
2
close proximity to one another. The Zoning Ordinance is one of the legal means by which the City
im:plements-the-C-empfehe:asive-Pl~naer-Minneseta-statllt~GB:iBg-is-to-G011f(;}lm-tg-a--ei~
comprehensive plan. Copies of the land use plans and the Zoning Ordinance are available for
viewing at City Hall and will be made available at the May 4, 2006, meeting.
The applicant has requested that the entire subject property be rezoned to Urban Residential (R-IB).
However, staff is asking the Commission to consider whether or not this property should be zoned
Low Density Residential (R-IA).The comprehensive plan guiding of single family does not
differentiate between R~lA and R-IB zoning. The purpose of the R-IA zone is to allow large-lot
single family development in areas of the City served by sanitary sewer and water. Ryan Hughes,
Natural Resource Specialist, has commented on the natural resource features that exist on the
subject site and within its immediate vicinity. Please see Exhibit C for his specific comments.
The R-IA zoning district, because of its increased lot size requirement (minimum 80 feet in width
and 160 feet in depth), has been viewed as an appropriate zoning district for areas of the city that
provide increased opportunity for natural amenities. The subject property appears to provide the
natural amenities that the City was envisioning when creating the R-IA zoning district.
However,.the Planning Commission and City Council have directed that staff research the issue of
lot size within the R-IA district and bring forward other proposals. A text amendment relating to
the R-IA district is scheduled for review by the Planning Commission on May 18, 2006.
The R-IA district is currently only utilized in the western most portion of Southbridge (along the
east side of Dean Lake) and a recently rezoned 40 acre parcel south of CSAH 16 and east of
Foothill Trail. Current development of projects zoned as R-IB include Countryside (437 total lots);
River Valley Estates (79 total lots); Glacier Estates ( 49 total lots); Riverside Bluffs ( 101 total lots);
and Ridgeview Farms ( 54 total lots). The Commission may wish to discuss if this parcel is
properly suited for an R-1Azoning designation.
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.
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 classification. The 1999 Comprehensive Plan guides the property
for singlefamily residential use, and the Council adopted Comprehensive Land Use
Plan Update guides the property for low density residential development, consistent
with the zoning proposal.
Criteria #3 That significant changes inCity~wide or neighborhood development patterns have
occurred; or
Finding #3 Significant changes in development patterns have occurred in that residential
development is occurring within the vicinity of the subject property. Rezoning the
property to Low Density Residential (R-1A) or Urban Residential (R-1B) would allow
for connections to be made between development projects.
3
Criteria1l4-'Fh-a . q-uWeHl-di-ffer-en-t-p-ro~siC:ln.
----.-
Finding #4 The Comprehensive Plan, as adopted, by the Shakopee City Council and is pending
review by the Metropolitan Council, is consistent with the request.
STAFF RECOMlVlENDATION
After evaluating the request against the stated criteria for extension of MUS A, reguiding, and
rezoning, staff recommends approval of the request to extend MUSA and reguide property to single
family residential development. Staff also recommends that the subject property be rezoned. to Low
Density Residential (R-IA) Zone.
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of the request to extend MUSA,
reguide from Rural Residential to Single Family Residential, and to rezone the subject site to
Low Density Residential (R-IA), subject to approval by the Metropolitan Council.
2. Offer a motion to recommend to the City Council the approval of the request to extend MUSA,
reguide from Rural Residential to Single Family Residential and to rezone the subject site to
Urban Residential (R-IB), subject to approval by the Metropolitan Council.
3. Offer a motion to continue the public hearing and request additional information from the
applicant and/or staff.
4. Close the public hearing, and offer a motion to table and request additional information from the
applicant and/or staff.
ACTION REQUESTED
Offer a motion to recommend to the City Council the denial of the request to extend MUS A,
reguide from Rural Residential to Single Family Residential, and to rezone the subject site to Low
Density Residential (R-IA), and move its approval.
h:\boaa-pc\2006\05-04\reguiderezmusa ace 06043.doc
4
Shakopee - Location Maps Page 10f1
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Plan Amendmen to extend MUSA
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vi Shakopee, MN DATE: REG, NO. 26909 3
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CITY OF SHAKOPEE
MEMORANDUM
To: Julie Klima, Project Manager
From: Ryan Hughes, Natural Resource Specialist ~
Date: March 24, 2006
Subject: PID# 27-919002-0,27-919003-0,27-919,004-0
Rezoning RR to R 1 Band Comp Plan Amendment to extend
MUSA and reguide RR to Single Family Residential
Based on a review of the application materials provided, staff is providing the following
natural resource information about the site:
1. The area is within the approved Natural Resource Corridor map, dated December
2005.
2. The areas within the Natural Resource Corridor are designated as Best Quality,
Good Quality, and Buffer as identified on the attached map.
3. The areas within the Natural Resource Corridor on this site are contiguous with
areas designated as Best Quality and Good Quality to the west and southwest.
4. According to available information the site contains high and medium quality Maple-
Basswood woodlands, various types of wetlands identified on the National Wetland
Inventory and the Public Waters Inventory, slopes greater than 18%, and wildlife
habitat.
Please contact me. if you have questions or comments regarding the natural resources
on this site.
U:\Plan Review Memos\032406 0 SW CSAH 17 and CSAH 78.doc