HomeMy WebLinkAbout10.A.1. Zoning Text Amendment to add senior housing facilities as a conditional use in the R1C, Old Shakopee Residential Zone, Ord. No. 899 General Business 10. A. 1.
S!tAKOPE E
TO: Mayor and City Council
FROM: Kyle Sobota, Senior Planner
DATE: 01/20/2015
SUBJECT: Zoning Text Amendment to add Senior Housing Facilities as a
Conditional Use in the R1C, Old Shakopee Residential Zone - Ord. No.
899 (A, B)
Action Sought
Approve Ordinance No. 899, the addition of Senior Housing Facilities, with
requirements, to City Code Section 11.30 (R1C, Old Shakopee Residential Zone)
Subdivision 3, Conditional Uses.
Background
At the December 16th City Council Meeting, the City Council reviewed the PUD
Concept Plan for The Henderson, a 55-unit senior housing facility. The Henderson
is proposed on a site east of Saint Mary's Catholic Church, at the southwest
quadrant of the intersection of 5th Avenue E. and Sommerville Street, on property
that is currently zoned R1C, Old Shakopee Residential. If the City Council were to
approve a text amendment to allow Senior Housing Facilities in this zoning district,
there will be subsequent reviews of the project by both the Planning Commission
and City Council. Public hearings will be required for the proposed project
(conditional use permit, variance, and plat) based on plans submitted. The current
uses permitted in the R1C Zone are attached.
Discussion:
At the December 16th City Council meeting the City Council directed staff to
prepare a zoning text amendment to allow senior housing facilities in the R1C, Old
Shakopee Residential Zone. Senior Housing is becoming an increasingly more
important segment of housing for communities to provide land zoned appropriately.
At this time, the only senior housings facilities in Shakopee are in the B3 (Central
Business District) and R1B (Urban Residential) zones. A market study completed
by Maxfield Research noted that in this market area, there was a 1.2% vacancy rate,
with demand expected to increase in the coming years. According to the study, the
market equilibrium is 5-7% vacancy, which allows for choices for prospective
residents.
Staff is recommending the placement of multiple requirements on senior housings
facilities. They are listed below.
1. Minimum lot size of 0.75 acres
2. Maximum density of 45 units / acre
3. Maximum height is equal to the maximum height set forth by the design
standards of the R1C zone
4. Minimum structure setbacks are equivalent to R1C setback regulations, except
that the minimum side yard setback must be at least 1/2 of the maximum building
height.
5. Maximum impervious surface percentage of 70%
6. Building design and materials must meet minimum requirements set forth in City
Code Section 11.60 for Residential Uses
Lot Size:
Amending the zoning ordinance to allow senior housing facilities on sites greater
than 0.75 acres limits the number of potential sites available for senior housing. At
this time there is one parcel in the R1C zone with a vacant area greater than 0.75
acres, which is a site owned by New Creation Church at the intersection of 10th
Ave W. and Adams Street. Other potential projects in the R1C zone would require
the assembly of existing parcels and removal of existing structures. The property
owned by New Creation Church would require platting prior to development.
A larger minimum lot size than the current minimum lot size of 5,000 square feet
creates a minimum threshold that encourages higher quality projects, due to the
investment required. The standard lot size in the Old Shakopee Residential Zone is
60' x 142'. Typical city blocks in Shakopee are 5 lots wide for a total area of 300' x
142', or 0.9779 acres, an entire city block would be twice this area, or 1.9558 acres,
not including alley right-of-way. Including the alley right-of-way, a typical entire
city block is 2.066 acres.
The Henderson project site is proposed to be a 1.25 acre site with an area that
exceeds a half block because of the proposed lot configuration. Staff believes that
0.75 acres is an appropriate minimum size, which would allow for a project that
utilizes 4 standard lots (0.78 acres) and still accommodate a variations in lot sizes
and configurations due to prior vacations and previous subdivisions.
Density:
The proposed density of The Henderson project is 44 units per acre, which is similar
to Northridge Court (46 units / acre). The current density allowance for single
family and duplex development in the R1C zone is 7.5 units per acre. Staff is
proposing a density limit of 45 units per acre, which would allow for the proposed
project, and future projects of a similar configuration and design. If a future project
were proposed that exceeds this density, a variance would be required in addition to
a conditional use permit. Both the variance and conditional use permit process
require a public hearing and notification of property owners within 350' of a
proposed development.
Height:
Staff is not proposing a specific maximum height requirement for senior housing
facilities in the R1C zone. The current height requirement is 35', which matches the
requirement in most other residential and commercial zones within the city. If a
project is proposed that exceeds 35', the conditional use permit review process is the
mechanism for allowing structures greater than 35' in height.
Setback:
Current minimum setback requirements are 30' for front and rear yards, 10'
street-side yards (longest street frontage on a corner lot), and 5' for side yards. Staff
believes a specific side setback is warranted because of the potential size of the
building and the current minimal side setback of 5'. Staff is proposing a side setback
of at least 1/2 of the maximum height of the structure as defined by City Code. A
35' tall senior housing facility would require a 17.5' side setback. In the case of The
Henderson, a side setback of 25' would be required, based on a building height of
50' at the maximum height. As proposed, The Henderson would meet this
requirement.
Impervious Surface:
The maximum impervious surface regulation in the R1C zone is 50% for single
family residences. Staff recommends an equivalent impervious surface percentage
to that of churches, or other places of worship, which is 70%. The maximum
impervious surface percentage for other senior housing facilities in a commercial
zone is based on the maximum in the underlying zone. In the B3, Central Business
District (River City Centre, Northridge Court, 200 Levee Drive) the maximum
impervious surface percentage is 100%. The B-1, Highway Business Zone allows
for a maximum of 75% impervious surface.
Building Design:
To encourage higher quality design, staff recommends that senior housing facilities
meet the requirements already in the City Code for larger residential projects, such
as apartment buildings. These requirements require certain exterior building
materials, and a combination of at least three of the following:
1. Accent materials for the front entry of at least 300 square feet.
2. Contrasting yet, complementary material colors.
3. A combination of horizontal and vertical design features
4. Varying wall depths and shapes
5. Varying roof line, designs, or materials.
6. Decorative lighting design
7. Art or sculptural elements
8. Other architectural features in the overall architectural concept.
9. Utilization of accent materials
As proposed, The Henderson meets these requirements. To promote harmony with a
buildings surroundings, the building materials may also be reviewed by the Board
of Adjustment and Appeals as part of the conditional use permit review process.
Planning Commission Recommendation:
At the January 8th Planning Commission Meeting, the Commission unanimously
voted (6-0) to recommend that the City Council adopt the proposed additional
language to the City Code.
Recommendation
Add the following language to City Code Section 11.30 (R1C, Old Shakopee
Residential Zone) Subdv. 3, Conditional Uses:
Q. Senior Housing Facilities, which are defined as: housing facilities with or
without assisted living services, that are intended to serve persons greater than 55
years of age, not including nursing homes; subject to the following conditions:
1. Minimum lot size of 0.75 acres
2. Maximum density of 45 units /acre
3. Maximum height is equal to the maximum height set forth by the design
standards of the R1C zone
4. Minimum structure setbacks are equivalent to R1C setback regulations, except
that the minimum side yard setback must be at least 1/2 of the building height.
5. Maximum impervious surface percentage of 70%
6. Building design and materials must meet minimum requirements set forth in City
Code Section 11.60 for Residential Uses.
Budget Impact
There is no immediate budgetary impact. The Henderson, which would be subject
to additional reviews is a CDA project, which would not net additional property tax
revenue. The Henderson site does not currently yield property tax revenue, since it
is owned by Saint Mary's Church. The other vacant site in this zoning district is also
currently owned by a church.
Relationship to Vision
At this time there are no vacant properties zoned for senior housing, unless they are
part of a mixed use development. Approving this text amendment allows for the
creation of an additional segment of housing, allowing aging residents to remain in
the community, and also add additional residents near the downtown to support
downtown businesses.
Requested Action
Offer a motion to approve Ordinance No. 899, the addition of Senior Housing
Facilities, with requirements, to City Code Section 11.30 (R1C, Old Shakopee
Residential Zone) Subdivision 3, Conditional Uses, and move its adoption.
Attachments: Current City Code Section 11.30
Ordinance No. 899
§11.30
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd. 6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty(20)feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20)feet for at least 50%
of their depth.
B. All dwellings shall have a permanent foundation in conformance with the
Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14,
1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7,
1994; Ord.435, November 30, 1995)
SEC. 11.29. Reserved.
SEC. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE(R-1C).
Subd. 1. Purpose. The purpose of the Old Shakopee residential zone is to provide an area for the
continuation of existing residential development and development of existing lots in the older
residential areas where public sanitary sewer and water are available. The combination of small
lots is encouraged.
Subd. 2. Permitted Uses. Within the Old Shakopee residential zone, no structure or land shall be
used except for one(1)or more of the following uses:
A. single family detached dwellings; (Amended,Ord. 793, March 27, 2008)
B. single family attached dwellings, up to a maximum of two(2)dwellings;
C. public recreation;
D. utility services;
E. utility service structures, subject to the following requirements; (Added, Ord. 741,
December 1, 2005)
1. shall not be a water tower or electrical substation or a building constructed
to house sanitary lift station controls;
2. shall be twenty(20)feet or less in height;
3. may be used only to provide weather protection for utility equipment;
4. shall be designed, placed, and landscaped as necessary to assure that it
blends with the neighboring uses, and is unobtrusive; and
5. shall comply with all applicable design standards.
F. public buildings;
G. day care facilities serving twelve(12)or fewer persons;
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1143
§11.30
H. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve(12)or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty(40)square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available,a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
• are using common space.
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
group family day care facilities serving fourteen(14)or fewer children;
J. residential facilities serving six(6)or fewer persons; .
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5
of this Section; (Ord. 496,August 21, 1997)
L. single and mixed use developments which comply with Section 11.50 and have
received approval from the City Council; (Ord. 563, November 25, 1999)
M. relocated structures, subject to the following requirements: (Added, Ord. 741,
December 1,2005)
a. shall obtain a moving permit from the City under City Code Section 4.08;
b. prior to moving, the applicant shall have given cash, cashier's check, or
letter of credit as a financial guarantee to the City to ensure completion of
all work. The financial guarantee shall be in an amount equal to the
Building Official's estimate of the cost to bring the structure in compliance
with the Building Code;
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1144
§11.30
c. the structure shall meet all requirements of the Building Code within six(6)
months after moving;
d. the structure is not in full compliance with the Building Code after six (6)
months of moving,the City, in its sole discretion, may draw on the financial
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guarantee and take whatever steps it deems necessary to bring the
relocated structure into compliance with the Building Code. In the event
the City draws on the financial guarantee, 10% of the total guarantee shall
be paid to the City as its administrative fee;
e. the applicant shall provide to the Building Department with all plan review
comments and inspection records from Building Codes and STDS division
and from the city of origin where constructed;
f. an approved County highway moving permit will be required for the
moving of the structure;
g. the structure shall be required to meet all setbacks, design and
performance standards specified in the City Code, unless otherwise
approved;
h. repair of any damage to City streets as a result of the relocating the
structure shall be paid for by the applicant.
Subd. 3. Conditional Uses. Within the Old Shakopee residential zone, no structure or land shall
be used for the following uses except by conditional use permit:
A. over-sized accessory structures as determined by Section 11.81, Subdivision 2.B;
(Ord.470,January 1, 1997)
B. churches and other places of worship;
C. (Deleted, Ord. 501, September 18, 1997);
D. cemeteries;
E. hospitals and clinics;
F. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
G. bed and breakfast inns;
H. funeral homes;
1. (Deleted, Ord.741, December 1,2005)
J. day care facilities serving thirteen (13)through sixteen(16)persons;
K. adult day care centers as conditional uses, subject to the following conditions: The
adult day care centers shall:
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1145
§11.30
1. serve thirteen(13)or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty(40)square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available,a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space.
5. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
L. residential facilities servicing from seven(7)through sixteen(16)persons;
M. (Deleted, Ord. 741, December 1,2005);
N. structures over two and one-half(2-1/2)stories or thirty-five(35)feet in height;
O. developments containing more than one(1)principal structure per lot; or
P. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528,October 29, 1998)
Subd. 4. Permitted Accessory Uses. Within the Old Shakopee residential zone, the following
uses shall be permitted accessory uses:
A. garages;
B. fences;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
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1146
§11.30
E. communication service apparatus/device(s) as permitted accessory uses, subject
to the following conditions:
1. shall be co-located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height including the extension of any
communication service device(s)apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s)/apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
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7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8. all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12)months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state.
The user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s)/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily
by adults.
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund. (Ord.479, March 13, 1997)
F. swimming pools;
G. tennis courts;
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§11.30
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18, 1997)
I. solar equipment; or
J. Towers for Commercial Wireless Telecommunications Services shall only be
allowed subject to the following conditions: (Added, Ord.813, February 26,2009)
1. Shall also operate as a public utility structure;
2. Shall be located within the public rights-of-way;
3. Shall be limited to seventy five(75)feet in height;
4. Shall limit the height of antennas and communication service devices to
ten (10)feet beyond the height of the structure;
5. No setback shall be required when located in the public rights-of-way;
6. Turf or other materials shall be established in the right-of-way consistent
with the materials in the right-of-way at the time of installation;
7. Lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
8. Shall be protected with corrosive resistant material;
9. Signage shall not be allowed on the tower other than danger or warning
type signs;
10. Must provide proof from a professional engineer that the equipment is not
able to be collocated on any existing or approved towers and prove that
the planned tower will not interfere with existing communications for public
safety purposes;
11. Must be built to accommodate antennas being placed at varying heights
on the tower;
12. Existing vegetation on the site shall be preserved to the maximum extent
possible;
•
13. Shall be surrounded by a security fence six (6) feet in height with a
lockable gate;
14. Shall have an exterior finish that minimizes visibility off-site to the greatest
extent possible;
15. Applicable provisions of the City Code, including the provisions of the
State Building Code therein adopted,shall be complied with;
16. No tower shall be permitted unless the equipment planned for the
proposed tower cannot be accommodated on an existing or approved
tower or building within one-half (1/2) mile search radius of the proposed
tower for any of the following reasons;
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§11.30
a. the necessary equipment would exceed the structural capacity of
the existing or approved tower or building and the existing or
approved tower cannot be reinforced, modified, or replaced to
accommodate planned or equivalent equipment at a reasonable
cost,as certified by a qualified, licensed professional engineer.
b. the necessary equipment would cause interference as to
significantly impact the usability of other existing or planned
equipment at the tower, structure or building and the interference
cannot be prevented at a reasonable cost, as certified by a
qualified, licensed structural engineer.
c. existing or approved towers and buildings within the one-half(1/2)
mile search radius cannot or will not accommodate the planned
equipment at a height necessary to function reasonably, as
certified by a qualified, licensed professional engineer.
d. the applicant, after a good faith effort, is unable to lease space on
an existing or approved tower or building.
17. All obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve(12)months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an improved state.
The user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site.
18. The applicant shall submit a plan illustrating anticipated sites for future
location for communication towers and/or communication
device(s)/apparatus.
•
K. other accessory uses, as determined by the Zoning Administrator. (Amended,Ord.
813, February 26,2009)
Subd. 5. Design Standards. Within the Old Shakopee residential zone, no land shall be used,
and no structure shall be constructed or used, except in conformance with the following
•
requirements:
A. Maximum density: seven and one-half(7-1/2) dwellings per acre. Streets shall be
excluded in calculating acreage.
B. Maximum impervious surface percentage: 50%
C. Lot specifications:
Minimum lot width (single-family detached): 50 feet;
(two-family dwelling): 70 feet
Minimum lot depth: 100 feet
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1149
§11.30
Minimum front yard setback: Thirty (30) feet, except that the minimum setback
shall be equal to the average setback of other principal structures on the block
when the applicant proves that there are more than two (2) other existing principal
structures on the block, and those structures have an average setback of less than
thirty(30)feet.
•
If there are fewer than three (3) other existing principal structures on the block, the
setback is thirty(30)feet.
Minimum street side yard setback: Ten(10) feet, except that the minimum setback
shall be equal to the average street side yard setback of other principal structures
on the block when the applicant proves that the other existing principal structures
have an average setback of less than ten(10)feet.
Minimum interior side yard setback: Five (5) feet; or one (1) side at three (3) feet
and the other side at seven (7)feet.
Minimum rear yard setback: Thirty(30)feet
Minimum rear yard setback for accessory structures: Five (5)feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd.6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty (20)feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50%
of their depth.
B. All dwellings shall have a permanent foundation in conformance with the
Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14,
•
1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7,
1994; Ord. 435, November 30, 1995)
SEC. 11.31. Reserved.
(The next page is 1151.)
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1150
ORDINANCE NO. 899
AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO
CITY CODE SECTION 11.30 (OLD SHAKOPEE RESIDENTIAL), SUBDIVISON 3
(CONDITIONAL USES)
WHEREAS, The City Council of The City of Shakopee,has requested an amendment to
City Code Section 11.30, Old Shakopee Residential (R1C)Zone, Subdivision 3 (Conditional Uses) ;
and
WHEREAS,notices were duly sent and posted, and a public hearing was held before the
Planning Commission on January 8, 2015 at which time all persons present were given an
opportunity to be heard; and
WHEREAS,the Planning Commission recommended that City Code Section 11.30,
Subdivision 3 be amended to include Senior Housing Facilities as a Conditional Use; and
WHEREAS,the City Council heard the matter at its meeting on January 20,2015; and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS:
Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows:
Language which is underlined shall be added. Language which is strtekt-threugh-shall be deleted.
Section 11.30, (Old Shakopee Residential (R1C) Zone), Subd. 3 (Conditional Uses)
P. Senior Housing Facilities,which are defined as: housing facilities with or without assisted living
services, that are intended to serve persons greater than 55 years of age, not including nursing
homes; subject to the following conditions:
1. Minimum lot size of 0.75 acres
2. Maximum density of 45 units/acre
3. Maximum height is equal to the maximum height set forth by the design standards of the R1C,
Old Shakopee Residential zone
4. Minimum structure setbacks are equivalent to R1C setback regulations, except that the minimum
side yard setback must be at least 1/2 of the building height.
5. Maximum impervious surface percentage of 70%
6. Building design and materials must meet minimum requirements set forth in City Code Section
11.60 for Residential Uses.
Other existing conditional uses listed after(P.)to be re-numbered/lettered appropriately.
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Section 2. The City Council adopts the following findings of fact relating to the request to modify
the language in the City's zoning ordinance regarding Landscape Services and Contractors in the
Highway Business Zone.
Criteria#1 That the original zoning ordinance is in error;
Finding#1 There has been no evidence that the original zoning classification is in error, the
proposed text amendment allows another type of residential housing in the
community in this zoning district.
Criteria#2 That significant changes in community goals and policies have taken place;
Finding#2 Senior Housing has become an important segment of housing for communities to
provide land zoned appropriately. Currently there is no vacant land in Shakopee that
is zoned to allow these types of development, unless they are proposed as a mixed
use development in a commercial zoning district.
Criteria#3 That significant changes in City-wide or neighborhood development patterns have
occurred;
Finding#3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The proposed amendment allows for a senior
housing in an additional zoning district.
Criteria#4 That the Comprehensive Plan requires a different provision;
Finding#4 The Comprehensive Plan does not require a different provision.
Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage
and publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota held this
day of , 2015.
Brad Tabke, Mayor
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2015.
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