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HomeMy WebLinkAbout5.D.2. Rezone property from Planned Residential District (PRD) to Neighborhood Commercial (NC) Zone-Res. No. 6759 S. 0.2 . CITY OF SHAKO PEE Memorandum C' ,.n~, f.'I ~ ~r..,. Uf~iJ('ti~ , 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: April 8, 2008 REVIEW PERIOD: January 9 - May 12,2008 DISCUSSION Tollefson Development, Inc. made application for the rezoning of property located south of CSAH 16 and east of CSAH 83 (see Exhibit A). 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. On March 18,2008 the City Council reviewed the request, and direct City staff to prepare a resolution of denial for action at its next meeting. A copy of the resolution prepared per that direction accompanies this report. AL TERNA TIVES 1. Offer and pass Resolution No. 6759, a resolution denying a request to rezone property within Church Addition. 2. Offer and pass a motion directing staff to prepare an alternative document. 3. Table the request to seek additional information from the applicant and/or staff. ACTION REQUESTED Offer and pass Resolution No. 6759, a resolution denying a request to rezone property within Church Addition. (/. '(- l..---, /,'1.' Llitl K UI1C' " / uhe Khma J ( , lanner II h:\cc\2008\04-08\rez church addn 08005 dcnial.doc RESOLUTION NO. 6759 A RESOLUTION OF THE CITY OF SHAKO PEE, MINNESOTA, DENYING A REQUEST TO REZONE PROPERTY 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 rl 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, at the conclusion of the March 6, 2008 public hearing, the Planning Commission 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 WHEREAS, the City Council has determined that the request should be denied, and directed that a resolution of denial of the request to rezone the subject property from Planned Residential District (PRD) to Neighborhood Commercial (NC) Zone be prepared 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 Finding #2 Finding #3 The original zoning ordinance is not in error, and designation of this property as PRD is appropriate to ensure proper land use relationships between this property and the adjacent residential area. Significant changes in community goals and policies have not taken place. Goals and policies have not been altered. The spirit and intent of the Planned Residential District (PRD) Zone includes that adjacent properties be involved through the development process to ensure that potential impacts be mitigated because commercial uses under the PRD zone require a CUP, which in turn, provides for direct involvement of the adjoining residential area. Significant changes in development patterns have not occurred. Because of the adjacent residential development it is imperative for the City to ensure adequate review and involvement of adjoining property owners in order to mitigate any potential impacts the commercial development may have on the adjoining properties. 2 Finding #4 Both the PRD zone and the request are consistent with the guiding for this property as found in the Comprehensive Plan, as adopted, by the Shako pee City Council. BE IT FURTHER RESOLVED, that the request to rezone the property as stated in this resolution is hereby denied. Passed in regular session of the City Council of the City of Shako pee, Minnesota held this day of , 2008. Attest: Mayor of the City of Shakopee Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ,20_ 3 CITY OF SHAKO PEE 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 ofCSAH 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 ORDINANCE NO. 792, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEe. 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 subj ect property rezoned as stated; and WHEREAS, the City Council heard the matter at its meeting on March 18, 2008; and Finding #3 Finding #4 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shako 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 taken place. In 2004 the Ci~v 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. Significant changes in development patterns have not occurred. 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 as stated in this ordinance is hereby approved. Passed in regular session of the City Council of the City of Shako pee, Minnesota held this day of , 2008. Attest: Mayor of the City of Shakopee Judith S. Cox, City Clerk Published in the Shakopee Valley l'iews on the day of .20 ') CITY OF SHAKO PEE 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 Developmnt, Inc. has made application for rezoning of property from Planned Residential District ('RD) to Neighborhood Commercial (NC) Zone. The property is locatd south of County Road] 6 and east ofCSAH 83 (see Exhibit A). The property is approximtely 6 acres in size. This area is a part of the Church Addition development. The Church AdditiOldevelopment (all 40 acres) is currently zoned Planned Residential District (PRD). The PRD zone was Etablished in 1999. At the time of its inception, the stated purpose of the PRD was to provide areasor mixed use development; including single family detached, medium density and high density resiential, as well as compatible neighborhood commercial and service uses. The PRD was intended aa mechanism for providing a range of housing types and easy accessibility to services, either with] a single development or an area of the City. The PRD district allowed single family and twin horr dwelling units as permitted uses. It also allowed development consistent with the Medium Dcsity Residential (R2); Multiple Family Residential (R3); and Neighborhood Commercial (NC) znes with a Conditional Use Permit (CUP). At the time of original development, the ap:icant chose to develop the residential portion of the property hut to leave the commercial portion he subject site) undeveloped until a future date. In 2004, the City ad~ted an ordinance that eliminated the possibility of zoning any additional lands in the City to PRD. or those parcels already zoned PRD, the zoning classification remained and the Zoning Ordinanl reflects the regulations that shall be applied to those properties. The City adopted the ordinan that effectually eliminated the future application of the PRD because the PRD did not producthe types of neighborhoods and mix of uses that were originally contemplated. If this property weHO remain zoned PRD, any commercial development would be required to be consistent ,,,,ith the es and standards specified in the Neighborhood Commercial (NO zone. Additionally. any delopment on the site (even those uses listed as pemlitted uses in the NC zone) would require the reew and approval of a CUP, If the propeny is reJled to NC, the standard::- and uses specifieci ill the ]\)C zone would he applied. However. .permittedses WOUld not requir:-.th~' re\'Lew and appro\'al of::: CUP 11m v,'-au 1,j ~till be held to the standard'equired by the CIty Code. ~xhibits Band C provide a copy of the appiicant'.c: narrative for this recuest and a potential schematic drawing of the site. Approval of the rezoning request does not grcnt approvals to the schematic drawing. The City's Comprel:ensive Plan sets basic policies to guide the development of the City. The purpose of designating diffe-ent 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 me another. The Zoning Ordinance is one of the legal means by which the City implements the Conprehensive Plan. Under Minnesota statute, zoning is to confonn to a city's comprehensive plar. Copies of the land use plans and the Zoning Ordinance are available for viewing at City Hal and will be made available at the March 6, 2008, meeting. The draft land use plan guides this arG for Mixed Use development. The zoning request is consistent with that land use guiding. Other departments nd agencies have had an opportunity to review and comment on this application. Co~nts were received from the Engineering Department and Shakopee Public Utilities (SPUC). Rease find attached to this report copies of these comments for use by the applicant in the fume. FINDINGS The criteria requip.d for the granting of a Zoning Ordinance Amendment are listed below with proposed findings ji- the Commission's consideration. Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 Th~ the original Zoning Ordinance is in erfOf; Thewiginal zoning ordinance is not in error. Th~ significant changes in community goals and policies have taken place; Sigificant changes in communilY goals and policies have taken place. In 2004 the City adoted a text amendment prohibiling any additional properties from being zoned Pla"1ed Residential Dislrict (PRD). Rezoning this property to Neighborhood Cornerciaf (NC) will allow the same standards and uses to be applied as the PRD wotd have required but will eliminate the need for cUP review of permitted uses. Th: significant changes in City-wide or neighborhood development patterns have occrred; Of Sig,ficant changes in development patterns have not occun'ed Th: the comprehensive plan requires a different provision. ThComprehensive Plan, as adopted, by the Shakopee City Council is consistent with the~quest. 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. AL TERN A TIVES 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 infom1ation 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 REOUESTED 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. h:\boaa-pc\2008\03-06\rez church addn 08005.doc , t -II OJ) ".,~ It, Ii '~0 Ju i Klima Planner II -:;: l I I I I I ~\:./ \'" ~'~::\. ~~~~ '. ~ r~__--r- '\ \~....-- " 1--..1--1 I "( J ~ '" /' ,I ~~>'-~<~.t- R~f(5 ~ - u ;:;1' = 0:: t.:l E-- z; ~ ~. ~ SHAKOPEE CoMMUNTrYPRmESlNce 163' N W. s _ Subject Property ..-... Shakopee Boundary o ZOOlng Boundary o Parcel BOllfloary RezonBng Planned Residential District (PRO) to Neighborhood Commercial (NC) L::'.:Ti:/ / gis .logis.c:.-g/ shakopee/i o:a[ionmap/map .!iSp 7Iiti e= Lezcming -'-- ?ialmed- L~::;j demia:..:..... (;' ,. ~ '~1 ( L-.J. _ _:, _..i.; '_ _ _ ~ ~ , I ~ , -c,. ^sT dRON ,uDNUdrfNT Nw ~ asT IROrI g4nNUrT:NT 5EQ 16. 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W - _ u o a IIL C i^ ,n . - f''~y I _ i , _ I - , ILA ~ - , ~ _ _ _ t I _ mN!p ~ n, - ~ - - . ~ , . ~ ~ ...a. _ - ! I , ~ 'r ~ ~ ~ _ 1 . . . , _ _ 1 V. :rCD ~ ~ ~ r . _ , . - , a. _ . _ ~ - A :;o,~L'r a Y , I ~t ~~e ~ µ ~ r - L . F { - i ~ ~ti Y' I; rr. I G I t J _ E I I I r r i. ~ - l ~ ~ o~ I ~ 1 11Y" ~ fir ._,y. ~ ~ , ~ ~ , ~ F r r ~ r. T, ~ I 9 ..r _ d w ~r~~ r......: ~ ~i f F . ~ Developei's . Land Investment . Pl'Operty Managers ~rH 15 rr D, January 8, 2008 City of Shakopee 129 Holmes St S Shakopee, MN 55379 llJ', 1"" P' ~., ~ - ~'d: l !;~ r \iT '[ 1f~ -.:.;.; ~ ~I 44,,;.Ji Jl:;!~ 0 8 7nITlf 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 inaking sure it is compatible with the town homes south ofthe 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 ofthe 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 current zoning oniinance '-~ ~", e:-r,J"' because the ?RJ ciist:-ic't is not a pr<Lctica} way lC' clevelop nejghb(:~':j(,::d commercial property, ih~ 20520 1:.~OI(,!!: /wc:... 3uitc:. ~;2ClC . '-akevilie, MN ::5C":L , ~''lon:' (952) [:3-:.,1.010' ;:t,f, (C::.~ [,::':..2.020 :.mai', - inTc:;c''..:; ,;'::.,:;om www.td:.n:::.~.::n. l::.XtiIBIT O2'' 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 1m ow 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. Si~~ ~eJ~r. Project ManagerNice President Toll~~n Development \. t:. X. H I bl I t: City of Shakopee Memorandum SUBJECT: Julie Klima, Planner IT V Joe Swentek, Project Engineer ~___ ~ ~Jv Rezoning of Outlot A of the Church 1 st Addition from Planned Residential District (pRD) to Neighborhood Commercial (N-C) TO: FROM: PID NO.: 27-372174-0 CASE NO.: 08005 DATE: January 31, 2008 The application indicates a request to rezone Outlot A of the Church 1 st 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 FOLDERS\JSwe1ltek\Stafr,ReVlews\Rezanmg'.Case,Numbet,OS005 ,!cezane IOLA ,Cnurch Addnl.daor'2~e j co 1 t::XH IB I) ~ SHAKOPEE PUBLIC UTILITIES CO~SSION "Lighting the Way. Yef\terday, Today and 'Beyond" MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: RezoniDg Outlot A, Cburch Addition from Planned Residential District (pRD) to Neighborhood Commert~ial (NC) CASE NO: 08005 DATE; 2/11/08 COMMENTS: Municipal water service is available subject to our standard terms and conditions. These include, but are 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 iimited to: entering into an Underground Distribution Agy-eernent, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard tenns and conditions, These are contained in the current 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 require the installation of a street iight'at the intersection ofK.inlock Way and CR 83. ?o;~ C)ffice 3m: ::"70 ... :::~: Sarazin Srreet .' :;t.abDee 1v=1T'mc>so~a '::::;':,7c;J)~7'U .- ~, .. -- ... ----' , " ., (c'52) ':"':::,-1988 .. ?aj~ (:'52\':~5-77E,7 \.'rWV!.sh<ikapeeu Ull~::;s.:om _I :~:_