HomeMy WebLinkAbout12.A. Rezone propoerty from Planned Residential District (PRD) to Neigborhood Commercial (NC) Zone-Ord. No. 792 CITY OF SHAKOPEE ~ ~ 1 ~ ~
Memorandum
CASE NO.: 08-005
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Rezone property from Planned Residential District (PRD) to Neighborhood
Commercial (NC) Zone
MEETING DATE: March 18, 2008
INTRODUCTION
Tollefson Development, Inc. has made application for the rezoning of property located south of
CSAH 16 and east of CSAH 83 (see Exhibit A).
The PRD zoning district allows the development of Neighborhood Commercial (NC) zone uses with
the approval of a Conditional Use Permit (CUP). When Church Addition was initially developed,
the applicant reserved a 6 acre parcel-for neighborhood commercial development. The applicant is
now requesting that this parcel be rezoned to Neighborhood Commercial.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this request at its March 6th meeting and recommended to the
Council, by a 5-2 vote, that the rezoning be approved. A copy of this report is attached for the
Council's reference.
ALTERNATIVES
1. Offer and pass Ordinance No. 792, an ordinance rezoning property within Church Addition.
2. Offer and pass a motion directing staff to prepare alternative an alternative ordinance.
3. Table the request to seek additional information from the applicant and/or staff.
ACTION REQUESTED
Offer and pass Ordinance No. 792, an ordinance rezoning property within Church Addition.
Julie Klima
Planner II
h:\cc\2008\03-18\rez church addn 08005.doc
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ORDINANCE N0.792, 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 WITHIN CHURCH ADDITION
WHEREAS, the City has received an application for rezoning of property within Church
Addition; and
WHEREAS, the subject property is legally described as: Outlot A, Church 1St Addition,
Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on March 6, 2008, 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 rezoned as stated; and
WHEREAS, the City Council heard the matter at its meeting on March 18, 2008; 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 taken place. In 2004 the City
adopted a text amendment prohibiting any additional properties from being zoned
Planned Residential District (PRD). Rezoning this property to Neighborhood
Commercial (NC) will allow the same standards and uses to be applied as -the PRD
would have required but will eliminate the need for CUP review of
permitted uses.
Finding #3 Significant changes in development patterns have not occurred.
Finding #4 The Comprehensive Plan, as adopted, by the Shakopee City Council is consistent with
the request.
BE IT FURTHER RESOLVED, that the request to rezone the property as stated in this
ordinance is hereby approved.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day
of , 2008.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of , 20_
2
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-005
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Rezone property from Planned Residential District (PRD) to Neighborhood
Commercial (NC) Zone
MEETING DATE: March 6, 2008
REVIEW PERIOD: January 9 -May 12, 2008
DISCUSSION
Tollefson Development, Inc. has made application for rezoning of property from Planned
Residential District (PRD) to Neighborhood Commercial (NC) Zone.
The property is located south of County Road 16 and. east of CSAH 83 (see Exhibit A). The
property is approximately 6 acres in size.. This area is a part of the Church Addition development.
The Church Addition development (a1140 acres) is currently zoned Planned Residential District
(PRD).
The PRD zone was established in 1999. At the time of its inception, the stated purpose of the PRD
was to provide areas for mixed use development; including single family detached, medium density
and high density residential, as well as compatible neighborhood commercial and service uses. The
PRD was intended as a mechanism for providing a range of housing types and easy accessibility to
services, either within a single development or an area of the City. The PRD district allowed single
family and twin home dwelling units as permitted uses. It also allowed development consistent
with the Medium Density Residential (R2); Multiple Family Residential (R3); and Neighborhood
Commercial (NC) zones with a Conditional Use Permit (CUP). At the time of original
development, the applicant chose to develop the residential portion of the property but to leave the
commercial portion (the subject site) undeveloped until a future date.
In 2004, the City adopted an ordinance that eliminated the possibility of zoning any additional lands
in the City to PRD. For those parcels already zoned PRD, the zoning classification remained and
the Zoning Ordinance reflects the regulations that shall be applied to those properties. The City
adopted the ordinance that effectually eliminated the future application of the PRD because the
PRD did not produce the types of neighborhoods and mix of uses that were originally contemplated.
If this property were to remain zoned PRD, any commercial development would be required to be
consistent with the uses and standards specified in the Neighborhood Commercial (NC) zone.
Additionally, any development on the site (even those uses listed as permitted uses in the NC zone)
would require the review and approval of a CUP.
If the property is rezoned to NC, the standards anal uses specified in the NC zone would be applied.
However, permitted uses would not require--the review and approvaLof a CUP bud would still be
held to the standards required by the City Code. Exhibits B and C provide a copy of the applicant's
1
narrative for this request and a potential schematic drawing of the site. Approval. of the rezoning
request does not grant approvals to the schematic drawing,
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
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 to a city's
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 March 6, 2008, meeting. The draft land use
plan guides this area for Mixed Use development. The zoning request is consistent with that land
use guiding.
Other departments and agencies have had an opportunity to review and comment on this
application. Comments were received from the Engineering Department and Shakopee Public
Utilities (SPUC). Please find attached to this report copies of these comments for use by the
applicant in the future.
FINDINGS
The criteria required fof° 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 taken place. In 2004 the CitJ~
adopted a text amendment prohibiting any additional. properties from being zoned
Planned Residential District (PRD). Rezoning this property to Neighborhood
Commercial (NC) will allow the same standards and uses to be applied as the PRD
would have required but will eliminate the need for CUP review of
permitted uses.
Criteria #3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding #3 Significant changes in development patter°ns have not occurred.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The Comprehensive Plan, as adopted, by the Shakopee City Council is consistent with
the request.
2
e-
STAFF RECOMMENDATION
After evaluating the request against the stated criteria rezoning, staff recommends approval of the
request to rezone this property to Neighborhood Commercial (NC) Zone.
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of the request to rezone the
subject site to Neighborhood Commercial (NC) Zone.
2. Offer a motion to recommend to the City Council the denial of the request to rezone the subject
site to Neighborhood Commercial (NC) Zone.
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 approval of the request to rezone the subject
site to Neighborhood Commercial (NC) Zone, and move its approval.
Ju Klima
Planner II
h:\boaa-pc\2008\03-06\rez church addn 08005.doc
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Developers ¦ Land Investment ¦ Property Managers ~XT~ ~ ~ ~ ~R
January 8, 2008
City of Shakopee
Shakoplmehs4SNt S ~ L~~ ~;,~;t~ ~
55379
Re: Ridgeview Plaza Rezoning
Dear City of Shakopee-
Tollefson Development is requesting a rezoning of Outlot A Church Addition (Exhibit A)
from Planned Residential District (PRD) to Neighborhood Commercial. The property is
6.94 acres in size and is located at the southeast comer of County Rd 83 and County Rd
16. The property is south of the Lowes Department Store. Although Neighborhood
Commercial is currently allowed in the PRD district as a conditional use, it is not
practical to develop the property under this zoning district. The PRD district would
require a conditional use permit for every new use on the property, new tenants in retail
buildings or change of tenants in buildings for permitted uses. The time involved to do
this would be to burdensome and impractical to lease retail buildings or sell property.
This would also be burdensome to the City to reveiw. This is not required in other
commercial districts for permitted uses.
This property has always been planned for neighborhood commercial. It is the right
location for neighborhood commercial. It is adjacent to highway commercial and has
great transportation access. The main concern with developing this property is making
sure it is compatible with the town homes south of the property. Neighborhood
Commercial is a compatible use with the town homes south of the project. The City of
Shakopee has strong zoning regulations in place that will still allow the City to ensure
future neighborhood commercial development of the property will be compatible with the
adjacent town homes. The City does need a conditional use to ensure this. The property
is guided mixed use in the comprehensive plan. Neighborhood commercial is a ,
consistent zoning district with the land use. This is a reasonable request.
This rezoning request meets the City of Shakopee's development criteria based on the
following:
1. The cur,-ent zoning ordinance is in error because the PRD district is not a
practical way to develop neighborhood commercial property. The
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conditional use permit requirement for every new tenant and new use of
the property will not work in the development of commercial real estate.
2. There is a significant change in community goals and policies. The City
has decided not to zone any future property as PRD. There are very few
PRD zoned properties in the City.
Please let me know what other information I can provide.. I have included a conceptual
site plan for informational purposes only. I understand we will need to formally submit
for plat and site plan approval. Tollefson Development looks forward to working with
the City of Shakopee on the development of the highest and best use for this property.
Sincerely, I
tthe Weiland, Sr. Project Manager/Vice President
Tolle son Development
` ~ 161T ~
City of Shakopee
Memorandum
TO: Julie Klima, Planner II
FROM: Joe Swentek, Project Engineer b.-z
SUBJECT: Rezoning of Outlot A of the Church l st Addition from Planned Residential District
(PRD) to Neighborhood Commercial (N-C)
PID NO.: 27-372174-0
CASE NO.: 08005
DATE: January 31, 2008
The application indicates a request to rezone Outlot A of the Church 1St Addition Planned
Residential District (PRD) to Neighborhood Commercial (N-C). Outlot A is Located southeast of
the intersection between County Road 83 .(Canterbury Road) and County. Road 16 (Eagle Creek
Boulevard).
The engineering department has completed its review and offers the following comments at this
time for the applicant and for the planning department:
1. The applicant shall work with the City to provide a site design that utilizes the existing
storm sewer extended to serve Outlot A.
2. The applicant shall work with the City to provide a site design that accounts for the
existing storm sewer system within Outlot A.
3. An approval of the rezoning request does not constitute approval of the submitted
drawings.
Recommendation
Should the City of Shakopee recommend approval of the rezoning request, the engineering
department suggests the comments listed above be attached as conditions of its approval.
H:\EMPLOYEE FOLDERSUSwenteldStaff.Reviews\Rezoning\Case.Number.08005.Rezone (OLA Church Addn).docPage 1 of 1
EX~ I ~ 1T
S~[AKOP~E PLT~LIC IJTILIT.I~S Cap ~ ~SSIC~I~I
"Lighting the Way - Yesterday, Today and Beyond"
NI~MORA.NDUM.
TO: Shakopee Community Development L?eparlmet~t
FROM: Joseph D. Adams, planning and Engineering Director
SUBJECT: STAFF REVrEW RECORD COMMENTS for:
~teaonrng Outlot A, Church Addition from Planned
Residential District (PRD) to Neighborhood Commercial (N'C)
cAs~ rr0: osaos
DATE; 2/11/08
COMMENTS
Municipal water service is available subject to our standard terms. and conditions. Tktese
include, but aze not limited to: installing a lateral water main distribution system in ,
accordance with utility policy, paying the associated inspections costs, paying the Trunk
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: enteruzg into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lightiu~g installation is available subject to our standard terms and conditions,
These are contained in the cuzrent City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: Development of this parcel should segttire the installation of a stt'eet ligltt~at
the intersection of Kinlock'Way and CR 83.
Post Office ~®x X70 ~ 255 Sara~in Street ~ Shakopee, T~innesota, 55379-~~-70
(952} ~~5-1988 ~ Fad (~'S2} 4~~-7767
~ww.shal<opeet~tiiities.co~cn