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Home My WebLink About14.B. Rezoing Request of Ryan Companies /Y./3 . CITY OF SHAKO PEE Memorandum CASE NO.: 03-107 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Rezoning - Business Park (B-P) to Medium Density Residential (R-2) Zone MEETING DATE: November 5, 2003 REVIEW PERIOD: September 8, 2003-January 9,2003 INTRODUCTION: Ryan and Valley Green have submitted an application to re-zone a portion of the Valley Green Corporate Center site from Business Park (BP) to Medium-Density Residential (R-2). (See attached proposed zoning exhibit) A copy of the report that went to the Planning Commission is attached for the Council's information Recently, the City Council approved an amendment to the City's land use plan to guide 42 (the attached ~eport to the Planning Commission incorrectly identifies it as 49) acres for "residential PUD." That amendment is under review by the Metropolitan Council, and will go to the full Council at their first meeting in November. The Planning Commission at its November 6,2003 meeting will first consider the applicants' request for PUD, preliminary plat, and shoreland CUP. ALTERNATIVES: 1. Offer and pass a motion directing staffto prepare a resolution approving the requested rezoning for action at the Council's meeting of November 18,2003 2. Offer and pass a motion directing staff to prepare a resolution approving a different zoning for action at the Council's meeting of November 18,2003 3. Offer and pass a motion directing staff to prepare a resolution denying the requested rezoning for action at the Council's meeting of November 18,2003 4. Table the matter and request additional information. G:\CC\2003\11-05\rez-ryan.doc 1 PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request at its meeting of October 23,2003. The motion to recommend approval of the request failed on a vote of 3-3. Items discussed by the Commission included; . Whether the AUAR should come back for one more look. There has been one initial AUAR, and 2 revisions to the final AUAR. . Information on whether or not MUSA could be extended, as a part oftms development, to those properties on the south side that are currently served by septic systems. Staffhas been working with the applicant to make sure that sewer line(s) would be available at the southern boundary of the project. Extension of MUS A to those properties, however, should not proceed unless desired by those property owners, and would require separate action by the City Council . That the density of residential units proposed was on the "high end" of the range allowed in the R2 zone. ACTION REQUESTED: While staff did recommend approval to the Planning Commission, because the request comes to the City Council without a recommendation from Planning Commission, a resolution for Council action has not been prepared. Rather, Council is asked to provide direction regarding its desired action, and the preparation of a resolution consistent with that action. ~/)~dd~ R. Michael Leek Community Development Director G:\CC\2003\11-05\rez-ryan.doc 2 dFB CITY OF SHAKOPEE Memorandum CASE NO.: 03-107 TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Rezoning - Business Park (B-P) to Medium Density Residential (R-2) Zone MEETING DATE: October 21, 2003 REVIEW PERIOD: September 8, 2003-January 9,2003 Site Information: Applicant: Ryan Companies U.S., Inc. (Ryan) Property Owner: Valley Green Business Park Limited Partnership (Valley Green) Location: North ofCSAH 16; South ofTH 169; East ofCSAH 83; and West of Dean Lake Existing Zoning: Business Park (BP) Zone Proposed Zoning: Medium Density Residential (R-2) Zone Adjacent Zoning: North: TH 169; Heavy Industrial (1-2) and Major Recreation (MR) Zones South: Rural Residential (RR) and Agriculture Preservation (AG) Zones West: Agriculture Preservation (AG) Zone East: Low-Density Residential (R-IA) Zone and PUD No. 14 Compo Plan: Commercial MUSA: The site is within the MUSA boundary. INTRODUCTION: Ryan and Valley Green have submitted an application to re-zone a portion of the Valley Green Corporate Center site from Business Park (BP) to Medium-Density Residential (R-2). (See attached proposed zoning exhibit) Recently, the City Council approved an amendment to the City's land use plan to guide 49 acres for "residential PUD." That amendment is under review by the Metropolitan Council, and will go to the full Council at their first meeting in November. The applicant has also submitted applications for PUD, preliminary plat, and CUP review. These applications were deemed not complete for consideration at the October 23rd meeting; however, a copy of the proposed PUD plan is attached for the Commission's information. G:\CC\2003\1 0-21 \rez-ryan.doc 1 CONSIDERATIONS: The "Proposed Zoning Exhibit" submitted by the applicant is not consistent with the recent re- guiding by the Council in that it proposes Medium-Density Residential zoning on an area larger than 49 acres, i.e. the "conservation open space." Prior to Council action on the requested rezoning the legal description of the area proposed for re-zoning should be confirmed to be consistent with the re-guiding. In the event that Council acts affirmatively on the request for rezoning, it should be conditioned on the acceptance by the Metropolitan Council of the land use plan amendment. FINDINGS: The criteria required for the granting of a Zoning Ordinance Amendment, which includes an amendment of the zoning map, are listed below with proposed findings for the Commission's consideration and discussion Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 The applicant is proposing a development that will be consistent with the approved Land Use Plan as recently amended by the City Council. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred. The economic events of the last few years has resulted in decreased demand for industrial or business park uses, and a dramatic increase in the amount of such space in the City that is vacant. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The City Council recently approved re-guiding the subject property for "residential pun" use. The proposed rezoning, viewed in combination with the application for Planned Unit Development (PUD) review is consistent with the revised guidingfor the subject site. ALTERNATIVES: 1. Recommend to the City Council the approval of the request to rezone 49 acres of the Valley Green Corporate Center site from Business Park (BP) to Medium Density Residential R-2) based on the following conditions; a. Prior to Council action on the requested rezoning the legal description of the area proposed for re-zoning should be confirmed to be consistent with the re-guiding. G:\CC\2003\1 0-21 \rez-ryan.doc 2 b. ill the event that Council acts affinnatively on the request for rezoning, it should be conditioned on the acceptance by the Metropolitan Council of the land use plan amendment. 2. Do not recommend to the City Council the approval ofthe request to rezone 49 acres ofthe Valley Green Corporate Center site from Business Park (BP) to Medium Density Residential R- 2). 3. Continue the public hearing and request additional infonnation from the applicant or staff. 4. Close the public hearing, but table the matter and request additional infonnation. STAFF RECOMMENDATION: Staff recommends Alternative No.1. ACTION REQUESTED: Offer a motion recommending to the City Council the approval of the request to rezone 49 acres of the Valley Green Corporate Center site from Business Park (BP) to Medium Density Residential R- 2) based on the following conditions; c. Prior to Council action on the requested rezoning the legal description of the area proposed for re-zoning should be confirmed to be consistent with the re-guiding. d. ill the event that Council acts affinnatively on the request for rezoning, it should be conditioned on the acceptance by the Metropolitan Council of the land use plan amendment. R. Michael Leek Community Development DireCtor G:\CC\2003\1 0-21 \rez-ryan.doc 3 - . c,"". . ...... ... . ..... ... ... .. ---. .... - .......--.. ..--.. -. .. -- .... ill I! Wl I J ~ 1 PROPOSED ZONING EXHIBIT i ..... .' ; (~I)i "~-"'.___. ." .~--- "'-" ~/llVJ"..:jtjUj..... ""'--'. "T .-.~-.,.. J ~r.' ,4Jp~ 6~ ~ ~ l ~I l' @ L.1.. :' ili I II! ~ :111 ~ .1,' I "" ffeid . _I~I ~ - H~HWAY I i I BUSINESS h~ I., (B1) ~~..':"" · · · .............. Ii I I ~ I i! I t, ' ~ .=------" ~ ~ ~ ;:::":-:-~'.'" 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ROOT ZONE OF 1HE DESIGNATED PROTECTED 11lEES TO """LIE PHASE 3 4-56 MEDIUM 2:1 228 377 REMAIN. ~t1f.1\AtIKlJS 632-976 34<1- 3572.5 IN. 10.39 IN. ""''''- PHASE 4 120 LOW 3:1 40 302 USE tREE ROOT AERAllON. FERllUZAllON AND/OR mE ~ GRA'IU. .------_. 977-1096 1249 IN. 10.50 IN. IRRlGA 110N SI'SlaIS .OR THe: 1RE:ES DESIGNATED FOR - 1111111111 I I 111111 II 2 MEDIUM 2:1 I 119 PROlEC11ON. .....LIE -X-It-I- -X-I-II:- ""'.... "* <- HIGH 323 379 1097-1133 36 360 IN. 10.00 IN IIHEREVER POSSIBLE. PROVIDe: lHe:RAPEUlIC PRUNING TO """".... .... <>- PHASE 5 323 1;1 THE PROTECTED TREES. SOl ~ ~ 412 MEDIUM 2;1 206 113-4-1174- <4-0 318 IN. 7.95 IN. HN(llC.fJI PNlllIIfO b- b- 81 LOW 3:1 2.7 UllUlIe:S VolLL Be: PLACED OUTSIDe: lHe: DRIP UNe: OF ANY 1175-14-52 277 2875 IN. 10.38 IN. 11lEES TO BE PRESERVED. TOTALS 2433 1345 2028 ALL TREES Me:e:11NG THE REQUIREMENTS IN THE CllY Of' ~ 1453-14-71 18 236 IN. 13.11 IN. SHAI<OPEE TREE PRESERVA l10N PLAN lIE'lE INVENTORIED \\HERE 11lEES ARE AN11C1PATED TO BE REMOVED. ~ TOTAL ESTIMATED TREE QUANTITIES REFLECTED ARE BASED ON TREE AREAS SURVEYED BY WESTWOOD 1472-1692 220 2121.5 IN. 9.54 IN. 11lEES BEING REMOVED SHALL BE REPLACEO IN W Z ~~ OJ PROFESSIONAL SERVICES. INC. 1693-2016 323 2961.5 IN. 9.17 IN. ACCORDANCE TO lHE CllY OF SHAKOPU'S TREE >-r=~ PRESERVAllON PlAN AND \lU BE INCORPORATED INTO THE W m ~~~ ENlIRE SllE PROPOSED lANDSCAPE PlAN. TREE REPLACEMENT VALUES ARE BASED ON THE WOODLAND MANAGEMENT REGULATIONS TREE REPLACEMENT 2017-2079 62 799.5 IN. 12.90 IN. 1 =z <~~ Cl<;!; i SCHEDULE AS FOLLOWS: TREE TAGGING / DATA PROVIDED BY APPUED ECcx.OOICAL lJJ::a ~!7Jo . - HIGH QUALITY WOODLANDS/FORESTS - REPLACE WITH ONE TREE FOR EVERY ONE TREE REMOVED 2080--2276 196 961.5 IN. 5.01 IN. SERVICES INC MAY OF 2003. , ~Wl . i - MEDIUM QUAUTY WOODLANDS/FORESTS - REPLACE WITH ONE TREE FOR EVERY TWO TREES REMOVED EXISTING 1REE AREA L.DCA liONS PROVIDED BY llESIYtQQQ w~ 3 2277-34-92 1215 10798 IN. B.89 IN. PROFES~ON"'I SE:RVlr.t:'5 INC. a::c..z I - LOW QUALITY WOODLANDS/FORESTS - REPLACE WITH ONE TREE FOR EVERY THREE TREES REMOVED T >O~ c..w:5 TOTALS 3492 32,755 IN. 9.38 IN VIOOOLAND ouAIJlY RA11NG EVALUATED ON 5-27-03 BY Wc.. REPLACEMENT TREES SHALL NOT BE LESS THAN 1.5 INCHES IN DIA. AT DBH kUNDIE C'Otr.4PANIES INC 0: ~ a:: S AClUAL TREE QUANTITIES TO BE REMOVED WILL BE DETERMINED AT THE TIME OF PHASED CONSTRUCTION 0 200 400 8 ii 1""'"-- . ,lC :~ ~ SCALE IN FED ~, ~.. ~i ~:!: (8 ~ l~ '" '" - ~