HomeMy WebLinkAbout12.B. MUSA Expansion and Rezoning for D.R. Horton-Ord. No. 799-Res. No. 6780 i~.~.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-023
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Comprehensive Plan Amendment to extend MUSA and to Zone Property
to Urban Residential (R-1B), Highway Business (B1) and Multiple Family
Residential (R3)
MEETING DATE: June 3, 2008
REVIEW PERIOD: March 27 -July 24, 2008
INTRODUCTION:
DR Horton Homes has made application to establish zoning and extend the Metropolitan Urban
Service Area (MUSA) to serve property annexed from Jackson Township. Specifically, DR
Horton filed an application requesting to establish the following zoning districts on the subject
property: Urban Residential (R-1B), Highway Business (Bl), and Multiple Family Residential
(R3).
The subject properties are located south of Highway 169, west of CSAH 15, and north of CSAH
78. Please see Exhibit A for location. The properties are approximately 210 acres in size. Please
also see attached the specific areas of the subject properties proposed specific zoning
designations.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed this application at its May 8, 2008 meeting. The
Commission unanimously recommended approval of the MUSA extension request. The
Commission also• recommended approval of the zoning request with the modification that the
area proposed for Multiple Family Residential (R3) be zoned Medium Density Residential (R2).
The applicant was in agreement with the revision to R2 zoning. The Planning Commission staff
report is attached for the Council's information.
VISIONING RELATIONSHIP:
This action supports Goal D "Vibrant, resilient, and stable", Strategy 11 "Ensure Range of
Housing".
ALTERNATIVES:
1. Approve the request to extend MUSA to the subject property and to zone the property to
Urban Residential (R-1B), Highway Business (Bl), and Medium Density Residential (R2).
2. Deny the request to extend MUSA to the subject property and to zone the property to Urban
Residential (R-1B), Highway Business (B1), and Medium Density Residential (R2).
3. Table the matter and request additional information from the applicant and/or staff.
ACTION REQUESTED:
Offer a motion to approve Resolution No. 6780, extending MUSA to the property, and to approve
Ordinance No. 799, zoning the property to Urban Residential (R-1B), Highway Business (B1) and
Medium Density Residential (R2), and move its adoption.
h:\cc\2008\06-03\cc musa rezoning horton 08023.doc
RESOLUTION NO. 6780
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO
AMEND THE COMPREHENSIVE PLAN TO EXTEND MUSA TO PROPERTY
ANNEXED FROM JACKSON TOWNSHIP
WHEREAS, DR Horton Homes, Mount Olivet Church, Edith A. Thomas Family Trust,
Patrick J. Thomas Revocable Trust, Carol Jean Theis Trust, Kathleen A. Bongard Irrevocable r
Trust, Joseph A. and Mary K. Theis Living Trust, Richard B. and Elizabeth J. Theis Trust,
applicants and property owners, have requested the extension of MUSA to the property; and
WHEREAS, the subject property is legally described as: Please see attached Exhibit 1;
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on May 8, 2008, 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 June 3, 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:
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.
Development of this area of the City has been reviewed as a Comprehensive Plan Amendment and
has been approved Development of this area is consistent with the City's overall goals.
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.
Annexation has already occurred.
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.
Because of development that has occurred east of CSAH I5, roadways, sanitary
sewer and water can efficiently be extended to 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.
Sanitary sewer, water services, and roadways could be extended as a part of this
development. Shakopee Public Utilities (SPUC) will construct water service
facilities to serve this portion of Shakopee.
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 find that new MUSA areas will be suitable for development
within the timeframe being considered.
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.
Designation of
MUSA to this property may allow for transportation and open space
connections to serve the community, as well as, development of single family
detached dwelling units, senior housing options, commercial areas, and an
elementary school site.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by
extension of the MUSA boundary 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
EXHIBIT 1 TO RESOLUTION NO 6780
LEGAL DESCRIl'TION FOR MUSA EXTENSION
Lot 1, Block 1, THEIS HIGHLANDS 1ST ADDITION, Scott County, Minnesota.
Outlot A, THEIS HIGHLANDS 1ST ADDITION, according to the plat thereof on file and of record in the Office of
the County Recorder, Scott County, Minnesota.
All that part of the East Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County,
Minnesota lying southerly of the following described line:
Commencing at the northeast corner of said Section 14; thence South O1 degrees O1 minutes 25
seconds East, assumed bearing, along the east line of said Northeast Quarter, a distance of
1,300.98 feet to the point of beginning of said line; thence North 85 degrees 45 minutes 11 seconds
West, a distance of 153.40 feet to the westerly right of way line of the Minnesota Commissioner of
Transportation Right of Way Plat No. 70-15; thence continuing North 85 degrees 45 minutes 11
seconds West, a distance of 1,171.22 feet to the west line of said East Half of the Northeast
Quarter and there terminating.
EXCEPT:
The land taken by the Minnesota Department of Transportation for highway right of way as recorded on
the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15.
AND EXCEPT
That part of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County Minnesota
described as follows:
Commencing at the southeast corner of said Northeast Quarter; thence North 00 degrees 00
minutes 00 seconds East, assumed basis for bearings, along the east line of said Northeast Quarter
274.70 feet to the point of beginning of the land herein described; thence South 89 degrees 22
minutes O1 seconds West 441.00 feet; thence North 00 degrees 00 minutes 00 seconds East,
150.00 feet; thence North 89 degrees 22 minutes O1 seconds East, 441.00 feet to a point in the east
line of said Northeast Quarter; thence South. 00 degrees 00 minutes 00 seconds East, along said
east line, 150.00 feet to the point of beginning.
AND EXCEPT
A11 that part of the East Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott
County, Minnesota, described as follows:
Beginning at the East Quarter Corner of said Section 14 Township 115, Range 23 and running
thence North on the section line 208.70 feet; thence west parallel to the south line of the East Half
of the Northeast Quarter 208.71 feet; thence South and parallel to the east line of said Section 14,
208.70 feet to the south line of said East Half of the Northeast Quarter; thence East on said south
line 208.71 feet to the place of beginning.
AND.
All that part of the West Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott
County, Minnesota described as follows:
Commencing at the northeast comer of said Section 14; thence South O1 degrees O1 minutes 25
seconds East, assumed bearing, along the east line of said Noxheast Quarter, a distance of
1,300.98 feet; thence North 85 degrees 45 minutes 11 seconds West, a distance of 153.40.feet to
the westerly right of way line of the Minnesota Commissioner of Transportation Right of Way Plat
No. 70-15; thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of
1,171.22 feet to the west line of said East Half of the Northeast Quarter to the point of beginning;
thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 216.14 feet; thence
South 40 degrees 13 minutes 55 seconds West, a distance of 463.16 feet; thence South 00 degrees
40 minutes 02 seconds East, a distance of 1,192.71 feet to the south line of said West Half the
Northeast Quarter; thence North 88 degrees 20 minutes 48 seconds East, along said south line, a
distance of 518.67 feet to the east line of said West Half of the Northeast Quarter; thence North 00
degrees 40 minutes 02 seconds West, along said east line, a distance of 1,515.36 feet to the point
of beginning.
All that part of the of the West Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County,
Except that part of the following described property:
Commencing at the northeast corner of said Section 14; thence South O1 degrees O1 minutes 25
seconds East, assumed bearing, along the east line of said Northeast Quarter, a distance of
1,300.98 feet; thence North 85 degrees 45 minutes 11 seconds West, a distance of 153.40 feet to
the westerly right of way line of the Minnesota Commissioner of Transportation Right of Way Plat
No. 70-15; thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of
1,171.22 feet to the east line of said West Half of the Northeast Quarter to the point of beginning;
thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 216.14 feet; thence
South 40 degrees 13 minutes 55 seconds West, a distance of 463,16 feet; thence South 00 degrees
40 minutes 02 seconds East, a distance of 1,192.71 feet to the south. line of said West Half of the
Northeast Quarter; thence North 88 degrees 20 minutes 48 seconds East, along said south line, a
distance of 518.67 feet to the east line of said West Half of the Northeast Quarter; thence North 00
degrees 40 minutes 02 seconds West, along said east line, a distance of 1,515.36 feet to the point
of beginning,
AND EXCEPT:
The land taken by the Minnesota Department of Transportation for highway right of way as recorded
on the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15.
All that part of the East Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County,
Minnesota lying northerly of the following described line:
Commencing at the northeast comer of said Section 14; thence South O1 degrees O1 minutes 25
seconds East, assumed bearing, along the east line of said Northeast Quarter, a distance of
1,300.98 feet to the point of beginning of said line; thence North. 85 degrees 45 minutes 11
seconds West, a distance of 153.40 feet to the westerly right of way line of the Minnesota
Commissioner of Transportation Right of Way Plat No. 70-15; thence continuing North 85 degrees
45 minutes 11 seconds West, a distance of 1,171.22 feet to the west line of said East Half of the
Northeast Quarter and there terminating.
EXCEPT: The land taken by the Minnesota Department of Transportation for highway right of way as recorded on
the Minnesota Commissioner of Transportation Right of Way Plat No. 70-15.
ORDINANCE N0.799
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO
REZONE PROPERTY FROM RURAL RESIDENTIAL (RR) ZONE TO SEWERED
RURAL RESIDENTIAL (SRR)
WHEREAS, DR Horton Homes, Mount Olivet Church, Edith A. Thomas Family Trust,
Patrick J. Thomas Revocable Trust, Carol Jean Theis Trust, Kathleen A. Bongard Irrevocable
Trust, Joseph A. and Mary K. Theis Living Trust, Richard B. and Elizabeth J. Theis Trust,
applicants and property owners, have requested the zoning of property to Urban Residential (R-
1B), Medium Density Residential (R2) and Highway Business (B1); and
WHEREAS, the subject property is legally described as attached on Exhibit 2; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on May 8, 2008, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that the property be zoned to
Urban Residential (R-1B), Medium Density Residential (R2), and Highway Business (Bl); and
WHEREAS, the City Council heard the matter at its meeting on June 3, 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. These properties were recently
annexed into the City of Shakopee and therefore, zoning designations consistent
with City of Shakopee regulations must be established.
Finding #2 Significant changes in community goals and policies have not taken place that
mandate the requested zoning classification. The adopted Comprehensive Plan and
the draft Comprehensive Land Use Plan guide the property for the requested zoning
classifications.
Finding #3 Significant changes in development patterns have occurred in that development is
occurring within the vicinity of the subject property. Rezoning the property to the
requested designations would allow for connections to be made between
development projects.
Finding #4. The Comprehensive Plan, as adopted, is generally consistent with the request on the
subject property.
BE IT FURTHER RESOLVED, that the request to zone the property to Urban
Residential (R-1B), Medium Density Residential (R2) and Highway Business (B1) 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
EXHIBIT 2
Property to be zoned Medium Density Residential (R2):
That part of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County, Minnesota described as
follows:
Commencing at the Southeast corner of said Northeast Quarter of Section 14; thence North O1
degrees O1 minutes 25 seconds West assumed bearing along the East line of said Northeast Quarter
of Section 14, a distance of 582.12 feet to the most southerly .line of Minnesota Department of
Transportation Right of Way Plat No. 70-15; thence South 88 degrees 58 minutes 35 seconds West
along said most southerly line, a distance of 33.08 feet to a southwesterly line of Minnesota
Department of Transportation Right of Way Plat No. 70-15; thence North 11 degrees 42 minutes
45 seconds West, along said southwesterly line a distance of 124.72 feet; thence South 89 degrees
17 minutes 12 seconds West, a distance of 863.20 feet to the point of beginning; thence continuing
South 89 degrees 17 minutes 12 seconds West along said line, a distance of 579.22 feet; thence
South 88 degrees 34 minutes 11 seconds West, a distance of 49.29 feet; thence North 02 degrees
08 minutes 49 seconds West, a distance of 359.85 feet; thence North 09 degrees 22 minutes 23
seconds West, a distance of 424.32 feet; thence North 69 degrees 39 minutes 00 seconds East, a
distance of 87.24 feet; thence North 16 degrees 09 minutes 41 seconds East, a distance of 562.09
feet; thence South 59 degrees 58 minutes 26 seconds East, a distance of 36.15 feet; thence easterly
along a tangential curve concave to the north having a central angle of 30 degrees 11 minutes 07
seconds and a radius of 1,160.00 feet for an arc distance of 611.13 feet; thence South 00 degrees
09 minutes 33 seconds East not tangent to said curve, a distance of 80.00 feet; thence South O1
degrees 13 minutes 38 seconds West, a distance of 441.41 feet; thence southerly along a tangential
curve concave to the west having a central angle of 20 degrees OS minutes 23 seconds and a radius
of 530.00 feet for an arc distance of 185.83 feet; thence South 21 degrees 19 minutes O1 seconds
West tangent to said curve, a distance of 135.67 feet; thence southerly along a tangential curve
concave to the east having a central angle of 22 degrees 50 minutes 41 seconds and a radius of
720.00 feet for an arc distance of 287.07 feet; thence South O1 degrees 31 minutes 40 seconds East
tangent to said curve, a distance of 56.32 feet to the Point of Beginning.
Property to be zoned Urban Residential (R-1B):
Lot 1, Block 1, THEIS HIGHLANDS 1ST ADDITION, Scott County, Minnesota.
Outlot A, THEIS HIGHLANDS 1ST ADDITION, according to the plat thereof on file and of record in the Office of
the County Recorder, Scott County, Minnesota.
That part of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County, Minnesota described as
follows:
Commencing at the Southeast corner of said Northeast Quarter of Section 14; thence South 88
degrees 20 minutes 48 seconds West assumed bearing along the south line of said Northeast
Quarter of Section 14, a distance of 208.71 feet to the point of beginning; thence North O1 degrees
O1 minutes 25 seconds West, a distance of 208.70 feet; thence North 88 degrees 20 minutes 48
seconds East, a distance of 208.71 feet to the East line of said Northeast Quarter of Section 14;
thence North O1 degrees O1 minutes 25 seconds West along said east line of the Northeast Quarter
of Section 14, a distance of 66.00 feet; thence South 88 degrees 20 minutes 36 seconds West, a
distance of 441.00 feet; thence North O1 degrees O1 minutes 25 seconds West, a distance of 150.00
feet; thence North 88 degrees 20 minutes 36 seconds East, a distance of 441.00 feet to said East
line of the Northeast Quarter of Section 14; thence North O1 degrees O1 minutes 25 seconds West,
a distance of 157.42 feet to the most southerly line of Minnesota Department of Transportation
Right of Way Plat No. 70-15; thence South 88 degrees 58 minutes 35 seconds West along said
southerly line, a distance of 33.08 feet to a southwesterly line of said Minnesota Department of
Transportation Right of Way Plat No. 70-15; thence North 11 degrees 42 minutes 45 seconds
West, along said southwesterly line a distance of 124.70 feet; thence South 89 degrees 17 minutes
12 seconds West, a distance of 1,394.76 feet; thence South 88 degrees 55 minutes 20 seconds
West, a distance of 96.95 feet; thence North 02 degrees 08 minutes 49 seconds West, a distance of
359.85 feet; thence North 09 degrees 22 minutes 23 seconds West, a distance of 424.31 feet;
thence North 19 degrees 29 minutes 21 seconds West, a distance of 102.07 feet; thence North 22
degrees 57 minutes 13 seconds West, a distance of 162.39 feet; thence North 44 degrees 49
minutes 16 seconds West, a distance of 162.39 feet; thence North 66 degrees 41 minutes 23
seconds West, a distance of 162.39 feet; thence North 88 degrees 33 minutes 14 seconds West, a
distance of 162.64 feet; thence South 69 degrees 17 minutes 54 seconds West, a distance of 153.56
feet; thence South 54 degrees 52 minutes 17 seconds West, a distance of 433.83 feet to the West
line of said Northeast Quarter of Section 14; thence South 00 degrees 18 minutes 41 seconds East
along said West line of the Northeast Quarter of Section 14, a distance of 1,664.67 feet to the
South line of said Northeast Quarter of Section 14; thence North 88 degrees 20 minutes 48 seconds
East along said south line of the Northeast Quarter of Section 14, a distance of 2,448.35 feet to the
Point of Beginning.
Property to be zoned Highway Business (B1):
That part of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County, Minnesota described as
follows:
Commencing at the Southeast corner of said Northeast Quarter of Section 14; thence North O1
degrees O1 minutes 25 seconds West assumed bearing along the East line of said Northeast
Quarter, a distance of 582.12 feet to the most southerly line of Minnesota Department of
Transportation Right of Way Plat No. 70-15; thence South 88 degrees 58 minutes 35 seconds West
along said most southerly line, a distance of 33.08 feet to a southwesterly line of said Minnesota
Department of Transportation Right of Way Plat No. 70-15; thence North 11 degrees 42 minutes
45 seconds West along said southwesterly line a distance of 124.72 feet to the point of beginning;
thence North 11 degrees 42 minutes 45 seconds West continuing along said southwesterly line of
Minnesota Deparhnent of Transportation Right of Way Plat No. 70-15, a distance of 545.93 feet;
thence North 00 degrees 45 minutes 11 seconds East continuing along said southwesterly line, a
distance of 209.73 feet; thence North 02 degrees 43 minutes 31 seconds West continuing along
said southwesterly line, a distance of 415.92 feet; thence North 08 degrees 28 minutes 30 seconds
East continuing along said southwesterly line, a distance of 251.09 feet; thence North 28 degrees
15 minutes 23 seconds West along said southwesterly line, a distance of 86.18 feet to a southerly
line of said Minnesota Department of Transportation Right of Way Plat No. 70-15; thence North
89 degrees 42 minutes 22 seconds West along said southerly line of Minnesota Department of
Transportation Right of Way Plat No. 70-15, a distance of 800.00 feet; thence South 00 degrees 17
minutes 38 seconds West continuing along said southerly line, a distance of 30.00 feet; thence
North 84 degrees 15 minutes 56 seconds West continuing along said southerly line, a distance of
316.43 feet; thence South 00 degrees 17 minutes 38 seconds West continuing along said southerly
line, a distance of 160.00 feet; thence North 89 degrees 38 minutes 44 seconds West continuing
along said southerly line, a distance of 88.19 feet; thence North 00 degrees 45 minutes 03 seconds
East continuing along said southerly line, a distance of 165.00 feet; thence North 85 degrees 23
minutes 15 seconds West continuing along said southerly line, a distance of 272.76 feet; thence
North 06 degrees 22 minutes 28 seconds East continuing along said southerly line, a distance of
20.00 feet; thence North 80 degrees 11 minutes 55 seconds West continuing along said southerly
line, a distance of 329.39 feet; thence North 68 degrees 18 minutes 44 seconds West continuing
along said southerly line, a distance of 725.13 feet to the West line of said Northeast Quarter of
Section 14; thence South 00 degrees 18 minutes 41 seconds East along said West line of the
Northeast Quarter of Section 14, a distance of 976.66 feet; thence North 54 degrees 52 minutes 17
seconds East, a distance of 433.83 feet; thence North 69 degrees 17 minutes 54 seconds East, a
distance of 153.56 feet; thence South 88 degrees 33 minutes 14 seconds East, a distance of 162.64
feet; thence South 66 degrees 41 minutes 23 seconds East, a distance of 162.39 feet; thence South
44 degrees 49 minutes 16 seconds East, a distance of 162.39 feet; thence South 22 degrees 57 .
minutes 13 seconds East, a distance of 162.39 feet; thence South 19 degrees 29 minutes 21
seconds East, a distance of 102.07 feet; thence North 69 degrees 39 minutes 00 seconds East, a
distance of 87.24 feet; thence North 16 degrees 09 minutes 41 seconds East, a distance of 562.09
feet; thence South 59 degrees 58 minutes 26 seconds East, a distance of 36.15 feet; thence easterly
along a tangential curve concave to the north having a central angle of 30 degrees 11 minutes 07
seconds and a radius of 1,160.00 feet for an arc distance of 611.13 feet; thence South 00 degrees
09 minutes 33 seconds East, not tangent to said curve a distance of 80.00 feet; thence South O1
degrees 13 minutes 38 seconds West, a distance of 441.41 feet; thence southerly along a tangential
curve concave to the west having a central angle of 20 degrees OS minutes 23 seconds and a radius
of 530.00 feet for an arc distance of 185.83 feet; thence South 21 degrees 19 minutes O1 seconds
West tangent to said curve, a distance of 135.67 feet; thence southerly along a tangential curve
concave to the east having a central angle of 22 degrees 50 minutes 41 seconds and a radius of
720.00 feet for an arc distance of 287.07 feet; thence South O1 degrees 31 minutes 40 seconds East
tangent to said curve, a distance of 56.32 feet; thence North 89 degrees 17 minutes 12 seconds
East, a distance of 863.20 feet to the Point of Beginning
7
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-023
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Establishing Zoning on Annexed Property and Extension of MUSA
MEETING DATE: May 8, 2008
REVIEW PERIOD: March 27 -July 24, 2008
INTRODUCTION
DR Horton has made application to establish zoning on property annexed from Jackson
Township and for the extension of MUSA. The applicant is requesting that the property be
zoned a combination of Highway Business (B l Multiple Family Residential (R3) and Urban
Residential (R-1B). Please see Exhibits A and B for proposed location and requested zoning
designations.
The property is located south of Highway 169, west of Marystown Road (CSAH 15) and north of
CSAH 78. The property is approximately 210 acres in size.
DISCUSSION
After this property was annexed into the City from Jackson Township, the City submitted and
received approval of a Comprehensive Plan Amendment to establish land use guidings for the
subject area. The approval granted by the Met Council was based on mapping that indicated 20
acres to be guided for commercial, 208 acres to be guided for single family residential
development, and 100 acres to be guided for medium density residential development:
An Environmental Assessment Worksheet (EAW) for the site was completed in 2006. The
EAW contemplated two development scenarios. The scenario which included the proposed
school site, and therefore is most consistent with the current proposal, proposed 451 detached
residential units, 292 attached residential units and 50,711 square feet of retail/office use.
The rezoning request submitted is within with the parameters of the EAW analysis and
Comprehensive Plan Amendment (CPA) relative to the single family and multi-family uses. The
commercial zoning area proposed exceeds the acreage contemplated by the CPA by
approximately 20 acres. Because a development plan is not contemplated for review and/or
approval as a part of this application, staff is unable to compare square footage of retail/office
area contemplated in the EAW to proposed site design. The CPA approval serves as a guide to
development areas and is not intended to provide definite land use boundaries. The change in
commercial area is unlikely to dramatically change the future overall project impacts. Staff is
1
proposing that this additional commercial area be added into the draft 2008 Comprehensive Plan
when it is submitted for Met Council review later in 2008.
The applicant submitted the attached concept (Exhibit C) in connection with the application.
The concept plan 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.
The proposed site plan does include an area north of 17th Avenue and west of the proposed B 1
area that indicates single family residential development within the proposed R3 zoning area.
While single family detached dwellings area permitted use in the R3 zone, the lot sizes proposed
in this area would not comply with the design standards of the R3 zone. Staff is recommending
that the zoning proposal be revised to include this area as part ofthe Rl-B zone.
While the subject properly is proposed to be in the Phase II 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.
Shakopee Public Utilities (SPUC) has commented that a booster station maybe required for the
southern area of the project.
Of the 2186 acres provided to the City for MUSA expansion in February 2002, a total of 925.24
acres remain available. In 2008, the City has not allocated any MUSA 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.
Development of this area of the City has been reviewed as a Comprehensive Plan Amendment and
has been approved Development of this area is consistent with the City s overall goals.
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.
Annexation has already occurred.
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.
2
Because of development that has occurred east of CSAH 1 S, roadways, sanitary
sewer and water can efficiently be extended to 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.
Sanitary sewer, water services, and roadways could be extended as apart of this
development. Shakopee Public Utilities (SPUC) will construct water service
facilities to serve this portion of Shakopee.
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 find that new MUSA areas will be suitable for development
within the timeframe being considered.
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.
Designation of MUSA to this property may allow for transportation and open space
connections to serve the community, as well as, development of
single family
detached dwelling units, senior housing options, commercial areas, and an
elementary school site.
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 May 8, 2008, meeting.
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. These properties were recently
annexed into the City of Shakopee and therefore, zoning designations consistent with
City of Shakopee regulations must be established.
Criteria #2 That significant changes in community goals and policies have taken place;
3
Finding #2 Significant changes in community goals and policies have not taken place that
mandate the requested zoning classification. The adopted Comprehensive Plan and
the draft Comprehensive Land Use Plan guide the property for the requested zoning
classifications.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding #3 Significant changes in development patterns have occurred in that development is
occurring within the vicinity of the subject property. Rezoning the property to the
requested designations would allow for connections to be made between
development projects.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The Comprehensive Plan, as adopted, is generally consistent with the request on the
subject property.
STAFF RECOMMENDATION
After evaluating the request against the stated criteria for extension of MUSA and rezoning, staff
recommends approval of the request to extend MUSA and rezone to Urban Residential (R-1B)
Zone, Highway Business (B1) Zone, and Multiple Family Residential (R3) Zone, subject to the
following conditions:
1. The Urban Residential (R-1B) Zone be extended to include the area north of 17th Avenue
and west of the area proposed to be zoned Highway Business (B1) Zone.
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of the request to extend
MUSA and to zone the properties to Urban Residential (Rl-B) Zone, Highway Business (B1)
Zone, and Multiple Family (R3) Zone, subject to conditions proposed by staff.
2. Offer a motion to recommend to the City Council the approval of the request to extend
MUSA and to zone the properties to Urban Residential (R1-B) Zone, Highway Business (B1)
Zone, and Multiple Family (R3) Zone, subject to revised conditions.
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 extend MUSA
and to zone the properties to Urban Residential (Rl-B) Zone, Highway Business (B1) Zone, and
Multiple Family (R3) Zone, subject to conditions proposed by staff. and move its approval.
F"~ ~
ulie lima
Pl er II
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