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HomeMy WebLinkAbout12.A.Realignment of a Zoning Boundary-Ord. No. 814 CITY OF SHAKOPEE J3.-. A. Memorandum CASE NO.: 09-003 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Realignment of a Zoning Boundary MEETING DATE: February 17,2009 REVIEW PERIOD: December 29,2008 - April 27, 2009 INTRODUCTION: ISD 720 has made application to realign a zoning district boundary on property that it owns. The subj ect property is north of 1 ih A venue and east of CSAH 15 (Marystown Road and is approximately 27 acres in size. It is currently zoned a combination of Medium Density Residential (R2) and Highway Business (B 1). The applicant is requesting that the existing boundary line between the R2 zone and B 1 zone be realigned. Please see Exhibits A and B for proposed location and requested zoning designations. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its February 5, 2009 meeting. The Commission recommended approval of the zoning realignment request. The Planning Commission staff report is attached for the Council's information. VISIONING RELATIONSHIP: This action supports Goal D "Vibrant, resilient, and stable". ALTERNATIVES: 1. Approve the request to realign the zoning boundary as requested. 2. Deny the request to realign the zoning boundary as requested 3. Table the matter and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer a motion to approve Ordinance No. 814, realigning the zoning boundary on property north of 1 ih Avenue and west of Marystown Road (CSAH 15), and move its adoption. h:\cc\2009\02-17\09003 rezone isd nO.docx ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REALIGN A ZONING BOUNDARY ON PROPERTY NORTH OF 17TH A VENUE AND WEST OF MARYS TOWN ROAD (CSAH 15) WHEREAS, ISD 720, applicant and property owner, has requested the realignment of a zoning boundary on property zoned Medium Density Residential (R2) and Highway Business (Bl); and WHEREAS, the subject property is legally described as on attached Exhibit 1; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on February 5, 2009, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the zoning boundary be realigned as noted in the legal descriptions provided; and WHEREAS, the City Council heard the matter at its meeting on February 17,2009; and NOW, THEREFORE BE IT RESOLVED that the City Council ofthe 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. The Comprehensive Land Use Plan serves as a general guide to development areas. The mix of land uses resulting from the request is generally consistent with the original ordinance and mapping. Finding #2 Significant changes in community goals and policies have not taken place. The zoning designations on the subject property are not proposed to change but rather the boundaries between them realigned. Finding #3 Significant changes in development patterns have not occurred. The underlying zoning districts on the subject property are proposed to remain and merely be realigned in order to accommodate the construction of an elementary school site. 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 realign the zoning boundary between properties zoned Medium Density Residential (R2) and Highway Business (Bl) is hereby approved. Passed in regular session of the City Council of the City of Shako pee, Minnesota held this day of ,2009. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk EXHIBIT 1 Property to be zoned Medium Density Residential (R2): That part of the Northwest Quarter of the Northwest Quarter of Section i3, Township 115, Range 23, Scott County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner B27 as shown on Minnesota Department of Transportation Right-of-Way plat Numbered 70-2 as the same is on file of record in the office of the county Recorder in and for said county; thence southerly on an azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2for 702.84 feet to Right of Way Boundary Corner B28; thence on an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet on a non-tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence on an azimuth of95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point "A"; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point of beginning; excepting therefrom that part contained within the following described tract; Beginning at a point on the west line of said Section 13, distant 685.6 feet south of the Northwest corner thereof; thence run south along said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence north at right angles for 320 feet; thence west at right angles for 207. 65 feet to the point of beginning. AND The South 7 rods of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota; AND that part of the Southwest Quarter of the Northwest Quarter described as follows: Beginning at the Northeast corner of the said Southwest Quarter of the Northwest Quarter,' thence Westerly on the North line thereof to the Northwest corner thereof; thence Southerly along the West line thereof a distance of 207.26 feet,' thence Easterly at right angles a distance of 350.0 feet; thence Southerly at right angles a distance of 350.0 feet; thence Easterly at right angles to the east line said Southwest Quarter of the Northwest Quarter; thence Northerly to the point of beginning; AND Outlot C, Outlot D, and Outlot E, Countryside, Scott County, Minnesota. Lying easterly of a line described as follows: Commencing at said Point "A"; thence on an assumed bearing of North 83 degrees 34 minutes 04 seconds West, along the northerly line of said Parcel A, a distance of 70. 55 feet to the point of beginning of the line to be described; thence South 13 degrees 58 minutes 35 seconds West a distance of 575.8feet; thence South 30 degrees 00 minutes 00 seconds East a distance of231.08 feet; thence South 38 degrees 47 minutes 06 seconds East a distance of 132.94 fret; thence southeasterly a distance of 86. 38feet along a tangential curve concave to the southwest having a radius of 130.00feet and a central angle of 38 degrees 04 minutes 17 seconds,' thence South 00 degrees 42 minutes 48 seconds East, tangent to said curve, a distance of 6.45 feet to the south line of said Outlot E, and said line there terminating. Property to be zoned Highway Business (Bl): That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner B27 as shown on Minnesota Department of Transportation Right-of-Way plat Numbered 70-2 as the same is on file of record in the office of the county Recorder in and for said county; thence southerly on an azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2for 702.84 feet to Right of Way Boundary Corner B28; thence on an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet on a non-tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence on an azimuth of95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point "A"; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point of beginning; excepting therefrom that part contained within the following described tract; Beginning at a point on the west line of said Section 13, distant 685.6 feet south of the Northwest corner thereof; thence run south along said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence north at right angles for 320 feet; thence west at right angles for 207. 65 feet to the point of beginning. AND The South 7 rods of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota; AND that part of the Southwest Quarter of the Northwest Quarter described as follows: Beginning at the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence Westerly on the North line thereof to the Northwest corner thereof; thence Southerly along the West line thereof a distance of 207.26 feet; thence Easterly at right angles a distance of 350.0 feet; thence Southerly at right angles a distance of 35 0.0 feet; thence Easterly at right angles to the east line said Southwest Quarter of the Northwest Quarter; thence Northerly to the point of beginning; AND Outlot C, Outlot D, and Outlot E, Countryside, Scott County, Minnesota Lying westerly of a line described as follows: Commencing at said Point "A"; thence on an assumed bearing of North 83 degrees 34 minutes 04 seconds West, along the northerly line of said Parcel A, a distance of 70.55 feet to the point of beginning of the line to be described; thence South 13 degrees 58 minutes 35 seconds West a distance of575.8feet; thence South 30 degrees 00 minutes 00 seconds East a distance of231.08feet; thence South 38 degrees 47 minutes 06 seconds East a distance of 132.94 feet; thence southeasterly a distance of 86. 38 feet along a tangential curve concave to the southwest having a radius of 130.00 feet and a central angle of 38 degrees 04 minutes 17 seconds; thence South 00 degrees 42 minutes 48 seconds East, tangent to said curve, a distance of 6. 45 feet to the south line of said Outlot E, and said line there terminating. ~<If~) CITY OF SHAKO PEE Memorandum CASE NO.: 09-003 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Realignment of a Zoning Boundary MEETING DATE: February 5, 2009 REVIEW PERIOD: December 29,2008 - April 27, 2009 INTRODUCTION ISD 720 has filed an application requesting the realignment of a zoning boundary on property north of 17ili A venue and east of CSAH 15 (Marystown Road). The subject property is approximately 27 acres in size and is currently zoned a combination of Medium Density Residential (R2) and Highway Business (B 1). The applicant is requesting that the existing boundary line between the R2 zone and B 1 zone be realigned. Please see Exhibits A and B for proposed location and requested zoning designations. DISCUSSION After this property was annexed into the City, zoning was established as a combination of Highway Business (B 1) and Medium Density Residential (R2). The developer that previously owned the property has sold the entire parcel to ISD 720. ISD 720 proposes to construct an elementary school building on the site. An elementary building requires approximately 18 to 20 acres ofland. School buildings are a conditional use in the Medium Density Residential (R2) zoning district, however, school buildings are not listed as either a permitted or conditional use within the Highway Business (B 1) zoning district. The current zoning boundary on the subject property essentially divides the property equally among the B 1 and R2 zoning districts, thereby having less property than needed for a school zoned as R2. Therefore, the applicant is requesting that the zoning boundary be realigned (as depicted in Exhibit B) in order to accommodate the construction of 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 1 are available for viewing at City Hall and will be made available at the February 5, 2009, meeting. The Comprehensive Land Use Plan 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. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with proposedfindingsfor the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. The Comprehensive Land Use Plan serves as a general guide to development areas. The mix of land uses resultingfrom the request is generally consistent with the original ordinc:nce and mapping. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. The zoning designations on the subject property are not proposed to change but rather the boundaries between them realigned. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have not occurred The underlying zoning districts on the subject property are proposed to remain and merely be realigned in order to accommodate the construction of an elementary school site. 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 rezoning, staff recommends approval of the request to realign the zoning boundary between the property zoned Medium Density Residential (R2) and Highway Business (B 1), as proposed. AL TERNA TIVES 1. Offer a motion to recommend to the City Council the approval of the request to realign the zoning boundary for property zoned Medium Density Residential (R2) and Highway Business (B 1) as proposed. 2. Offer a motion to the City Council to deny the request to realign the zoning boundary. 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. 2 ACTION REQUESTED Offer a motion to recommend to the City Council the approval ofthe request to realign the zoning boundary for property zoned Medium Density Residential (R2) and Highway Business (B 1) as proposed, and move its approval. i ;" U 3 Shakopee - Location Maps Page 1 of 1 & flh ...~- ,4_k~ ~l ID! h~ 1 ../' /.,\~~. . iSS,1 ..>-,. ..f"'.- <~., -:" Tn IU. .'~' ."" .,./" '(,~.., \ ,,-.'< ~~o)~;~. < RiB'>> '6" >, M'.- ;,)-;"'<tt:-..... ~'.~ i; \," "- &r-.' \ RiB ';~~'t~\ '. A G ,," STH 169 I"" _ ...-:--.- J '4 \, " " ~\ 8:',' ~ .' ~ . EttiIE .,' . ...i f- ---------::;:.1 ~- ~~;-\1~lrii)-1 BIttE 8:.1R1\BlLLJ ~~ ~-1=\ '~~rLrU1 =~ ffifffi t1J'1M \ Li!-L. .". k;,' \ LI.-t- ~:"-0\ '~. -' -.1-1;\\""' (, U_LL. --\1 \.!. , i l..J--'"" I U.._L- - rn' f - ~\ I I' ----~.' j ~L...L..Zv' _ -' -~IV '..J l~;'~, ~ i "-..,l ..-\ l _ r ) ---~ y .. ", r~ .R1IJ( J,"'-~ ''-" .-.' I r-, /lWj _...,.y..'~J.1iL ./ ."""r-r-r 1 I t' S-"'t- S t # -__ , t l 1-r-,.._ ~,A..... I I ~\ ~.. \ ...... ~ N _ Subject Property W~~E SHAKOPEE . .. ..... Shalicopee Boun!:lary COMMUNlTYPRIDE SJNCE 1857 S CJ Zoning: Boundary o PaJrte& Boundary Preiminary & Final Plat and Zoning Realignment for Future Elementary School http:// gis.logis.org/shakopee/locationmap/map.asp ?title=Preiminary+%26+Fina1+Plat+an... 12/31/2008 EXIfIBIT ~ DESCRIPTION OF PROPERTY PROPOSED TO BE ZONED R2 Engineering " Planning . Swveying \, fOCb ~(). That part of the following described property: ~'t--J... "-... ~~ Parcel k ~~~ "- That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, described as r- - I ~ follows: Beginning at Right 01 Way Boundary ComerB2? as shown on Minnesota Department of Transportation Right of Way plat Numbered I - 70-2 as the same is on file of record in the office of the county Recorder in and for said county; thence soulherly on an azimuth of 179 I oegrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2 for 702.84 feet to Right of Way Boundary Comer 828; thence on an McCombs Frank Roos azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plalfor 1259.46 feet; thence northerly for 163.12 feet on a Associates, Inc. - non-tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a eliord I azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 mlnules 09 seconds for 14800 28th Avenue NorIh. SuiI& 140 P&mouI/1' Minnesola . 55447 - 114.91 feet thence on an azimuth of 95 degrees 57 minutes 10 seconds for 526.36 feetto a point hereinafter referred to as Point"A"; thence phone: 7631476-0010. ilx: 7631476-6532 I on an azimuth of 59 degrees 22 minutes 42 seconds for 812.221eet to the point 01 beginning; 8l(cepting therefrom Illat part contained within webSite: \WMf.nma.com 1 the following descrlbed tract; Beginning at a point on the west line of said Section 13; distant 685.6 feet south of the Northwest comer - thereof; thence run south along said west section line for 320 feet; thence east at nght angles 10 sald west line for 207.65 feet; thence north Client L- at right angles for 320 feet; thence west at right angles for 207.651eetto the point of beginning. '-U'l Y lINE OF - Parcel B: Wold Architects & PARCEL A The South 7 rods of the Northwest Quarter oflhe Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota; AND I that part 01 the Southwest Quarter oflhe Northwest Quarter described as follows: Beginning at 1I1e Northeast comer of the said Southwest Engineers Quarter of the Northwest Quarter; thence Westerly on the North line thereof to the Northwest corner thereol; lhence Southerly along the West line thereof a distance of 207.26 feet; thence Easterly at right angles a distance of 350.0 feet thence Southerly at righl angles a distance of Project - 350.0 leet; thence Easterly at right angles fa the east line said Southwest Quarter of the NorthwestOuarter; thence Northeriyto the point of beginning; to\'\t. \\' - Parcel C: I.S.D. No. 720 CI Outlot c, Oullot D, and Outlot E, Countryside, Scott County, Minnesota. < \\\G\\'t!~'( o ~ a:: ~~ - Lying easterly of a line oescribed as follows: ~ .'-' ,\.\<A\~t.SS Location oS I "'''' Commencing at said Point "A'; thence on an assumed bearing of North 83 degrees 34 minutes 04 seconds West, along Ihe northerly "ne oj ,0 - g~d said Parcel A, a distance of 70.55 feet to the point of beginning of the line to be described; thenae South 13 degrees 58 minutes 35 seconds 12255 Marystown C/) uS ::I >- s.!8 West a distance of 575.80 feet: thence South 30 degrees 00 minutes 00 seconds East a distance of 231.08 feet; thance South 38 degrees 47 a:: e:. - minutes 06 seconds East a distance of 132.94 feet; thence southeasterly a distance 0186.38 feet along a tangential curve concave to the < :::E southwest having a radius of 130.00 feet and a canlral angle of 36 degrees 04 minutes 17 seconds; thence South 00 degrees 42 minutes 48 Rd., Shakopee, MN \ seconds East, tangent to said curve, a distance of 6.45 feet to the south line of said Outlot E, and said line lhere terminating. - DESCRIPTION OF PROPERTY PROPOSED TO BE ZONED HB Certification \ ---- That part of the following oescribed property: ,- Parcel A:. I That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, described as \ \ follows: Beginning at Right 01 Way Boundary Comer B27 as shown on Minnesota Department of Transportation Rlgfll of Way plat Numbered I 70-2 as the same is on file of record in the office of the county Recorder in and for said county; thence southerly on an azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2 for 702.84 feet to Right 01 Way Boundary Comer 826; thence on an ~ ,- azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said pfattor 1259.46 feet; thence northerly for 163.12 feet on a non-tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a eliord Summary \ azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 dagrees 57 minutes 09 seconds for - - - - 1/4.91 feet; thence on an azimuth of 95 degrees 57 minutes f 0 seconds for 526.36 feet to a paint hereinafter referred to as Point 'N'; Il1ence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point 01 beginning; 8l(cepllng therefrom thaI part contained within Approved: HDN Drawn: MFH I - the following described tract; Beginning at a point on the west line of said Section 13; distant 885.6 feet south of the Northwest corner Revision History - thereof; thence run soulh along said west section line lor 320 feet; thenae east at right angles to said west line for 207.65 feet; thence north ---- SOUlH LINE J ---- at right angles for 320 feet; thence west at right angles for 207.651eetto the point of beginning. No. Date By Submittal! Revision \ l \ OF OUlLOT E 17TH AVE. A 12/19/08 MFH Revise Zones I (PUBUClY DEDICATED) ---l\ Parcel B: - ---r I -- The Soulll 7 rods of the Northwest Quarter 01 the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota; AND that part of the Southwest Quarter of the Northwest Quarter described as follows: Beginning at the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence Westerly on the North line thereof to the Northwest comer thereof; thence Southerly along the West Sheet Title line thereol a distance of 207.26 feet; thence Easterly at right angles a distance of 350.0 feet; thence Southerly at right angles a distance 01 L AREAS 350.0 feet; thence Easlerly at right angles to the east line said Southwest Quarter 01 the Northwest Quarter; thence Northerly to the point of Proposed Zoning beginning; 1- PROPERTY PROPOSED TO BE ZONED R2, Existing Exhibit MEDIUM-DENSITY RESIDENTIAL Zone R2: 13.516 acres Parcel G: Zone HB: 14.754 acres Outlot G, Outlot D, and Outlot E, Countryside, Scott County, Minnesota. PROPERTY PROPOSED TO BE ZONED HB, ~ Sheet Number Revision I I I Proposed Lying westerly of a line described as lollows: HIGHWAY BUSINESS Zone R2: 20.917 acres SCAlE: llll.h - 200 f.~ Zone HB: 7.353 acres Commencing at said Point "A"; thence on an assumed bearing of North 83 degrees 34 minutes 04 seconds West, along Ihe northerly line of 1 I 1 A said Parcel A, a distance 0170.55 feet to lhe point of beginning of the line to be described; thence South 13 degrees 58 minutes 35 seconds West a distance of 575.80 feet; lhence South 30 degrees 00 minutes 00 seconds East a distance of 231.06 feet; thence South 38 degrees 47 minutes 06 seconds East a distance of 132.94 fee~ thence southeasterly a distance of 86.38 feel along a tangential curve concave to lhe southwest having a radius 01130.00 feet and a cenlral angle of 36 degraes 04 minutes 17 seconds; thence South 00 degrees 42 minutes 48 Project No. WOl18005 seconds East, tangent to said curve, a distance of 6.45 feet to the south line of said Outlot E, and said line there terminating. 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