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Home My WebLink About14.A. Rezoning-Highway Business (B1) to Central Business (B3) Zone-Ord. No. 684 Ii. Af CITY OF SHAKOPEE Memorandum CASE NO.: 03-088 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Rezoning - Highway Business (B I) to Central Business (B3) Zone MEETING DATE: October 9,2003 REVIEW PERIOD: August 14, 2003-December 12, 2003 INTRODUCTION David Berens has submitted an application for a rezoning from Highway Business (B 1) Zone to Central Business (B3) Zone. The subject site is located at 126 S. Atwood Street (north of 2nd Avenue, west of Atwood Street and east of Scott Street). The application was reviewed by the Planning Commission at its meeting of October 9, 2003. A copy of the Planning Commission report is attached for the Council's information. ALTERNATIVES 1. Adopt Ordinance No. 684, an Ordinance of the City of Shakopee approving the request to rezone the subject property from Highway Business (Bl) Zone to Central Business (B3) Zone. 2. Do not adopt Ordinance No. 684. 3. Table the matter and request additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the request at its meeting of October 9, 2003, and unanimously recommended approval of the request. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 684, an Ordinance of the City of Shakopee approving the request to rezone the subject property from Highway Business (BI) Zone to Central Business (B3) Zone. g: \boaa-pc\2003 \1 0-09\rez-berens .doc ORDINANCE NO. 684, 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 SECOND A VENUE WEST, EAST OF SCOTT STREET AND WEST OF ATWOOD STREET FROM HIGHWAY BUSINESS (B-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 paraliel 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 ofsaid Lot 1, Block 20, from the point of beginning; thence northerly along said paralielline to the point of beginning; and WHEREAS, notices were dilly 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. 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 (B3) 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 , 2003. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 2003. ~I CITY OF SHAKOPEE Memorandum CASE NO.: 03-088 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Rezoning - Highway Business (Bl) to Central Business (B3) Zone MEETING DATE: October 9, 2003 REVIEW PERIOD: August 14, 2003-December 12,2003 Site Information Applicant: David Berens Property Owner; David Berens Location: 126 South Atwood Street Existing Zoning: Highway Business (B 1) Zone Proposed Zoning: Central Business (B3) Zone Adjacent Zoning: North: Highway Business (Bl) Zone South: Highway Business (B 1) Zone West: Highway Business (B 1) Zone East: Central Business (B3) Zone Compo Plan: Commercial MUSA: The site is within the MUSA boundary. INTRODUCTION David Berens has submitted an application for a rezoning from Highway Business (B 1) Zone to Central Business (B3) Zone. The subject site is located at 126 S. Atwood Street (north of 2nd Avenue, west of Atwood Street and east of Scott Street). Please see Exhibit A. The site is currently occupied by a structure that was damaged by a fire. The structure was non-conforming, in that it was used a residential property in a commercial zoning district. The City Code requires that if a non-conforming structure is damaged at or in excess of 50% of its fair market value that the property can only be used in compliance with the requirements of the zoning district. The applicant has indicated that he intends to construct office buildings on the property. The Comprehensive Plan designates this property for commercial development. The property directly to the east of the subject site is zoned Central Business (B3) Zone. The applicant has indicated his desire to rezone the property due to setback, parking and other requirements of the B3 zoning district being more conducive to the intended development of the property than the Bl standards. CONSIDERATIONS 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 ofthe legal means by which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's comprehensive plan. The proposed rezoning is consistent with the adopted land use plan which guides it commercial. Refer to Section 11.36 (Highway Business Zone) and Section 11.40 (Central Business Zone) for a listing of the uses, both permitted and conditional, which are allowed in these zones. Copies of the land use plans and the Zoning Ordinance are available for viewing at City Hall and will be made available at the October 9, 2003 meeting. Other staff were provided the opportunity to provide comments regarding this application. No adverse comments concerning the rezoning request were received by planning staff. Shakopee Public Utilities commented that water and electric services are available, subject to their standard terms and conditions, and that the applicant should contact them for specific requirements. 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. 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 Comprehensive Plan. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns has not occurred. Zoning this parcel to Central Business (B3) zone would require commercial development of the site, as is desired for this area of the City. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The requested zoning will be consistent with the approved Comprehensive Plan land use map. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business (B 1) Zone to Central Business (B3) Zone. 2. Do not recommend to the City Council the approval of the request to rezone the subject property from Highway Business (Bl) Zone to Central Business (B3) Zone. 3. Continue the public hearing and request additional information from the applicant or staff. 4. Close the public hearing, but table the matter and request additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1; recommend to the City Council the approval of the request to rezone the subj ect property from Highway Business (B 1) Zone to Central Business (B3) Zone. ACTION REQUESTED Offer and approve a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business (B 1) Zone to Central Business (B3) Zone. g: \boaa -pc\2003\1 0-09\rez-berens.doc ---- ~ EXHIBlr A- SHAKOPEE COMMUNITYl'RIDE$JNCI! 18>7 Rezoning Highway Business (B 1 ) s to Central Business (B3) Zone. . Subject Property ,e. f Boundaryline.shp . ------'- _~ Jacparcels c:J Zoning Boundary , ~ Parcel Boundary