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Home My WebLink About14.D. Rezoning from Highway Business (B1) to Central Business (B3)-Ord. No. 695 J'f.D , CITY OF SHAKOPEE Memorandum CASE NO.: 03-088 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Rezoning - Ordinance Revision MEETING DATE: January 20, 2004 INTRODUCTION David Berens had submitted an application for a rezoning from Highway Business (B-1) Zone to Central Business (B-3) Zone in the Fall of2003. This application was reviewed and approved by the City Council on October 21, 2003, and Ordinance No. 684 was adopted. The subject property is located at 126 S. Atwood Street (north of 2nd Avenue, west of Atwood Street and east of Scott Street). Recently, staff was made aware that the legal description that had been provided to staff was in error. Staff has revised the Ordinance to accurately reflect the current legal description for this property, and request that the Council approve the attached Ordinance. ALTERNATIVES 1. Adopt Ordinance No.695, an Ordinance of the City of Shakopee approving the request to rezone the subject property from Highway Business (B-1) Zone to Central Business (B-3) Zone. 2. Do not adopt Ordinance No. 695. 3. Table the matter and request additional information. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 695, an Ordinance of the City of Shakopee approving the request to rezone the subj ect property from Highway Business (B-1) Zone to Central Business (B-3) Zone. ~ Planner I g:\boaa-pc\2004\01-20\rez-berens - amend. doc ORDINANCE NO. 695, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEe. 11.03 BY REZONING LAND GENERALLY LOCATED NORTH OF SECOND A VENUE WEST, EAST OF SCOTT STREET AND WEST OF ATWOOD STREET FROM HIGHWAY BUSINESS (6-1) ZONE TO CENTRAL BUSINESS (B-3) ZONE WHEREAS, David Berens, applicant and property owner, has requested the rezoning of land from Highway Business (B-1) Zone to Central Business (B-3) Zone; and WHEREAS, the subject property is legally described as: That part of Lots 3, 4, and 5, Block 20, Shako pee, Scott County, Minnesota, described as follows: Commencing at the Northwest corner of Lot 1, said Block 20; thence Easterly along the Northerly line of said Lot 1 and the Northerly line of Lot 2, said Block 20, a distance of 85.00 feet; thence Southerly parallel with the Westerly line of said Lot 1 a distance of 37,00 feet; thence deflecting to the East at an angle of 60 degrees 00 minutes 00 seconds a distance of 15.00 feet; thence Easterly along a line drawn to a point on the East line of said Block 20 distant 80,00 feet Southerly of the Northeast corner of Lot 5 of said Block 20, a distance of 49.00 feet to the point of beginning of the land to be described; thence continuing along last described line to a point on the East line of said Block 20 distant 80.00 feet Southerly of said Northeast corner of Lot 5; thence Southerly along said East line of said Block 20 to the Southeast corner of said Lot 5; thence Westerly along the Southerly line of said Block 20 to the intersection with a line drawn Southerly and parallel with the Westerly line of said Lot 1, Block 20, from the point of beginning; thence Northerly along said parallel line to the point of beginning; and That part of Lots 2, 3, 4 and 5, of Block 20, in the City of Shako pee, according to the plat of Shako pee City on file and of record in the Office of the Register of Deeds in and for said county and state described asfollows: Commencing at the Northwest corner of Lot 1, Block 20; thence Easterly along the North line of Lots 1 and 2 of said Block 20 a distance of 85 feet to the point of beginning of the land to be described; thence Southerly parallel to the West line of said Block 20 a distance of 37 feet; thence deflecting to the East an angle of 60 degrees 00 minutes 00 seconds a distance of 15 feet; thence Easterly a distance of 207.13 feet to a point on the East line of said Block 20 distant 80 feet South of the Northeast corner of Lot 5 of said Block 20; thence North 80 feet to said Northeast corner of Lot 5; thence Westerly a distance of 216.95 feet to the point of beginning; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 9, 2003, at which time all persons present were given an , opportunity to be heard; and WHEREAS, the Planning Commission, on October 9, 2003, recommended approval of the rezoning request; and WHEREAS, the City Council heard the matter at its meeting of October 21, 2003, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located; and WHEREAS, the City Council heard the matter at its meeting of January 20, 2004, and found that the revised legal description accurately described the property. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1: That the following findings of fact are hereby adopted relative to the requested rezoning: Finding #1 The original zoning ordinance is not in error. Finding #2 The applicant is proposing a development that will be consistent with the approved Comprehensive Plan. Finding #3 Significant changes in development patterns has not occurred, Zoning this parcel to Central Business (B-3) zone would require commercial development of the site, as is desired for this area of the City. Finding #4 The requested zoning will be consistent with the approved Comprehensive Plan land use map. Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Highway Business (B-1) Zone to Central Business (B-3) Zone. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota held this day of ,2004. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ,2004. --------- j \ J -n wm N ~ W*E SHAKOPEE CClMMUNllYPBlDESlNCEIB57 S Rezoning Highway Business (B 1 ) to Central Business (B3) Zone. _ Subject Property .. _.. Boundaryline.shp i I Jacparcels Cl Zoning Boundary i I Parcel Boundary