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Home My WebLink About14.A. Rezoning Request of John Hennes-Ord. No. 686 / 'i~ ft CITY OF SHAKOPEE Memorandum cn~'I~f~T Uj'~ ~~ il CASE NO.: 03-103 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Nicole Peterson, Planner I-GIS Phone: 952.496.9675 email: NPeterson@cLshakopee.mn.us SUBJECT: Rezoning of 2237 Valley View Road (PID 279170110) from Agricultural Preservation (AG) Zone to Urban Residential (R-lB) Zone MEETING DATE: November 5,2003 REVIEW PERIOD: September 10, 2003 - January 7,2003 INTRODUCTION John Hennes has submitted an application for a rezoning from the Agricultural Preservation (AG) Zone to the Urban Residential (R-lB) Zone. The subject site is located on the north side of Valley View Road, east of Mathias Road, and west of Chester Street (Exhibit A), and presently contains a single-family home and detached accessory structure. CONSIDERATIONS 1. Comprehensive Plan - The City's Comprehensive Plan sets basic policies to guide the development of the City. 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. The proposed rezoning is consistent with the adopted land use plan that guides it "single family residential". 2. Wooded lot - The site contains many long-standing trees that staff would recommend be preserved. (Ref Zoning Code. SEe. 11.60 Subd. 9. Tree and Woodland Preservation) 3. Other Departments - Several other City and County Departments reviewed this request. No adverse comments concerning the rezoning request were received. The applicant is advised to contact Shakopee Public Utilities with questions regarding water and electric service. AL TERNA TIVES 1. Approve Ordinance No. 686, an ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone. 2. Do not approve the request, and direct staff to prepare a resolution denying the request for Council consideration at their November 6, 2003 meeting. 3. Table the matter and request additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at their October 23, 2003 meeting, and by a 6-0 vote, they recommended that the City Council approve the request. The October 23, 2003 Planning Commission staff report is attached for the Council's information. H:\Reports\CC\rez-hennes.doc ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 686, an Ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-lB) Zone. t/U;:ri ~.~~ Nicole Peterson Planner I - GIS H: \Reports\CC\rez-hennes.doc ORDINANCE NO. 686, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND GENERALLY LOCATED NORTH OF V ALLEY VIEW ROAD, EAST OF MATHIAS ROAD AND SOUTH OF WILHELM COURT FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R-IB) ZONE WHEREAS, John Hennes, applicant and property owner, has requested the rezoning of land from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone; and WHEREAS, the subject property is legally described as that part of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the southwest comer of said section 17 and running thence North on the Section line 1395 feet to the center line of County Aid Road No. 79; thence S 73 degrees 23 minutes E along the center line of said road or at an angle of 106 degrees 37 minutes to the right 714 feet; thence North parallel to the Section line 125 feet; thence East to an angle of 90 degrees 35 minutes to the right 324.80 feet to the point of beginning; thence continuing East 80.00 feet; thence South parallel to the Section line to the north line of the CITY OF SHAKOPEE ROAD RIGHT OF WAY PLAT NO. 1 as on file and of record in the Office of the County Recorder; thence northwesterly along said north line to the intersection of a parallel line with the Section line, South from the point of beginning; thence North to the point of beginning. WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 23, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission, on October 23,2003, recommended approval of the rezoning request; and WHEREAS, the City Council heard the matter at its meeting of November 5,2003, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located. THE CITY COUNCn.. 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. The AG zone was adopted on the subject property around 1966, when the property became part of the City of Shakopee. The pUlpose of the AG zone at that time was " to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to H:\Reports\CC\rez-hennes.doc prevent scattered and leap-frog nonjarm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection" (Sec. 11.22 Subd.1-1966 Zoning Ordinance). Finding #2 In response to the growth and development of Shako pee in the last half century, the City has adopted a new Comprehensive Plan that supports residential zoning over agricultural zoning on and around the subject property. Therefore, the proposed re-zoning is consistent with the current community goals and policies. Finding #3 Development of the subject property for single-family residence will be consistent with desired development patterns for this area of the City. New single-family residences surround the subject property to the north, west and east. Finding #4 The applicant is proposing a re-zoning that will be consistent with the approved Comprehensive Plan - Land Use Plan. The current land use designation for the subject property is Single Family Residential. Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning the property referenced herein, from Agricultural Preservation (AG) Zone to the Urban Residential (R-IB) 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 ,2003. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ,2003. H: \Reports\CC\rez-hennes.doc Shakopee Property Query eXffl r6rr 11- Page 1 of 1 I Shakopee Property Information '~~lj) ! )j 0{ """ <f? [j] . II c """ (' o{)j C ~.' C ~>lJ!;; 2237 VALLEY VIEW RD ----I -,~. 1_.-..J SHAKOPEE MN 55379 \-. L---- PID:279170110 -:0 ~ ,~~.r". Property Data t; Plat: Lot: Block: . Addition #: 917 J--ri Addition Name: unavailable ~~,--J-J / Legal Desc: SECT-17 TWP-115 RNG-022 P/O SW1/4 SW1/4 BEG SW COR, N 1395, ------ '-- SE 714, N 125, E 349.72'TO POB, E rr~ 338.75', SE 227', SE217' TO CL OF ROAD, NW ALONG CL TO INT LINE DRAWN S / ~~D.~ ~ FROM POB, N 237.21' TO POB EX PRCEL#8 I ----. F---__.... SHAKOPEE ROW PLAT #1 -L/ / .1' /~..::-.._ 7 GIS Area: 77679.26 sq ft (' / '......... "-.,.)-. GIS Acres: 1.783 acres '-......, . J ..... ~ ,,', <.......1 ",', "'-.:.::--.....'........../ /'--. ): Owner "<::::'_,,~ / JOHN D & JODI L HENNES .'........~./ __ 2237 VALLEY VIEW RD E ,.......,..~.;::....... SHAKOPEE, MN 55379 I..........' t }.::... / I' Zoning: AG r5 I J I Street PID Additional Layers L....... B" L..._..w.......~ II I............ "I. . . . h > ~f <. . .~~, '" ~e"Z..oC\\(\<:::J A~r.Lc.u.1 Tu.fe... 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