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Home My WebLink About14.B. Rezoning Request of Joh O'Loughlin-Ord. No. 683 11.1!J . CITY OF SHAKOPEE Memorandum CONSENT CASE NO.: 03-089 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Nicole Peterson, Planner I-GIS Phone: 952.496.9675 email: NPeterson@ci.shakopee.mn.us SUBJECT: Rezoning of 2111 Valley View Road (PID 279170120) from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone MEETING DATE: October 21, 2003 REVIEW PERIOD: August 26, 2003 - December 23,2003 INTRODUCTION John O'Loughlin has submitted an application for a rezoning from the Agricultural Preservation (AG) Zone to the Urban Residential (R-1B) Zone. The subject site is located on the north side of Valley View Road, east of Mathias Road, south of Wilhelm Court (Exhibit A), and presently contains a single-family home, constructed in 1890. CONSIDERATIONS Other staff were provided the opportunity to provide comments regarding this application. No adverse comments concerning the rezoning request were received by planning staff. AL TERNA TIVES 1. Approve Ordinance No. 683, an ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-lB) 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 9,2003 meeting, and by a 5-0 vote, they recommended that the City Council approve the request. The October 9, 2003 Planning Commission staff report is attached for the Council's information. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 683, an Ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-lB) Zone. vtdt-t&--f~A~~ Nicole Peterson .. Planner I - GIS G:\CC\2003\1 0-21 \rez-oloughlin.doc ORDINANCE NO. 683, 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 O'Loughlin, 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 ofthe SWI/4 of SW v.. of Section 17, Township 115, Range 22, described as follows: Commencing at the Southwest comer of said Section 17, thence Northerly along the West line thereof a distance of 1395.0 feet to the centerline of County Aid Road No. 79; thence deflecting to the right angle of 106 degrees 37 minutes along the centerline of said road a distance of714.0 feet to the point of beginning of the tract to be described; thence Northerly and parallel with said West line a distance of 125.0 feet; thence deflecting to the right an angle of 90 degrees 35 minutes a distance of 169.29 feet; thence deflecting to the right an angle of 105 degrees 54 minutes a distance of 168.55 feet to the centerline of said County Aid Road; thence Westerly along said centerline a distance of 127.4 feet more or less to the point of beginning, Scott County, Minnesota. 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. 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. The A G zone was adopted on the subject property around 1966, when the property became part of the City of Shako pee. The purpose 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 prevent scattered and leap-frog nonjarm growth, and to prevent premature G:\CC\2003\1 0-21 \rez-oloughlin.doc expenditures for such public services as roads, sewer, water, and police and fire protection" (Sec. 11.22 Subd.I-1966 Zoning Ordinance). Finding #2 Since the mid-1960's, when the property was designated agricultural, the city's population has tripled (US Census). In response to the growth and development of Shako pee, 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 ofthe City of Shakopee Attest: , , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ,2003. G:\CC\2003\1 0-21 \rez-olaughlin.doc *(p CITY OF SHAKO PEE Memorandum CASE NO.: 03-089 TO: Planning Commission FROM: Nicole Peterson, Planner I - GIS SUBJECT: Rezoning - Agricultural Preservation (AG) Zone to Urban Residential (R- IB) Zone APPLICANT: John O'Loughlin MEETING DATE: October 9, 2003 REVIEW PERIOD: August 26, 2003 - December 23, 2003 SITE INFO: Property Owner: John O'Loughlin Location: North of Valley View Road, east of Mathias Road and south of Wilhelm Court (2111 Valley View Road) Existing Zoning: Agricultural Preservation (AG) Zone Proposed Zoning: Urban Residential (R-IB) Zone Adjacent Zoning: North: Urban Residential (R-IB) Zone South: Rural Residential (RR) Zone West: Urban Residential (R-1B) Zone East: Agricultural Preservation (AG) Zone Compo Plan: Single Family Residential Acreage: 0.341 Acres MUSA: Within the MUSA boundary. Attachments: Exhibit A: ZoninglLocation Map INTRODUCTION John O'Loughlin has submitted an application for a rezoning from the Agricultural Preservation (AG) Zone to the Urban Residential (R-IB) Zone. The subject site is located on the north side of Valley View Road, east of Mathias Road, and south of Wilhelm Court (Exhibit A), and presently contains a single-family home, constructed in 1890. H:\Reports\PC\Oct09rezone. doc 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 -,--'-"--'~"" adopted1allClUse plan {Kat guides ir"singlefamily residential". ~,."._. 2. Existing long-standing home - The applicant has stated that if he were granted an approval for the rezoning, he would demolish the existing single family home. Because of the early construction (1890) of the existing single family home, staff contacted the Minnesota State Historical Society (MSHS) for possible interest in the preserving the structure. The MSHS staff had no interest in preserving the structure due to the wood construction, current location, lack of outbuildings from the original farm, and lack of Federal or State funds to move the structure. 3. 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) 4. Other Departments - Several other City and County Departments reviewed this request. No adverse comments concerning the rezoning request were received. 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. The AG zone was adopted on the subject property around 1966, when the property became part of the Clty of Shakopee. The purpose 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 prevent scattered and leap-frog non-fann 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). Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Since the mid-1960's, when the property was designated agricultural, the city's population has tripled (US Census). In response to the growth and development of Shakopee, the Clty 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. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or H: \Reports\PC\Oct09rezone.doc Finding #3 Development of the subject property for singlejamily residence will be consistent with desired development patterns for this area of the City. New singlejamily residences surround the subject property to the north, west and east. Criteria #4 That the comprehensive plan requires a different provision. 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. AL TERNA TIVES 1. Recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone. 2. Do not recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) 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 subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) 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 Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone. ;a ,/ r" ~. . <!..__._. " '::".'.1/1 ?'ufLt . '-P-"-=~"G (-' \,.,,' , . NIcole Peterson Planner I - GIS H: \Reports\PC\Oct09rezone.doc ..- ..-- ~ ~L ~ ~ ~ ,.:= AG t:J rIJ. ~ ~ ~ , ,~ I I I / \ I / I ~ N W*E SHAKOPEE COMM\JNll'YPlUDESlNCE 1&57 Rezoning of Agriculture (AG) to s Urban Residential (RIB) Zone. . Subject Property '-.,' Boundaryline.shp .- 1 ~ Jacparce s t::I Zoning Boundary :--: Parcel Boundary I:;- J(+rI\S I -r A.