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Home My WebLink About14.A. Rezoning-Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone-Ord. No. 682 / Y. fl, CITY OF SHAKOPEE Memorandum CASE NO.: 03-087 CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Rezoning - Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone MEETING DATE: October 7,2003 REVIEW PERIOD: August 8, 2003-])ecember5, 2003 INTRODUCTION Willis Smith 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, west of Pheasant Run Street and east of Mathias Road (Exhibit A), and presently has a garage structure located on it. 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. 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. ALTERNATIVES 1. Approve Ordinance No. 682, an ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone. 2. ])0 not approve the request, and direct staff to prepare a resolution denying the request for Council consideration at their October 21,2003 meeting. 3. Table the matter and request additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at their September 18, 2003 meeting, and by a 6-0 vote, they recommended that the City Council approve the request. The September 18, 2003 Planning Commission staff report is attached for the Council's information. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 682, an Ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone to Urban Residential (R-lB) Zone. ~~. Planner I G:Cc\2003\10-07\rezsmith.doc ORDINANCE NO. 682, 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 WEST OF PHEASANT RUN STREET FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R-1B) ZONE WHEREAS, Willis Smith, 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 shown on EXHIBIT 1: WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on September 18, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission, on September 18, 2003, recommended approval ofthe rezoning request; and WHEREAS, the City Council heard the matter at its meeting of October 7, 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 adopted Comprehensive Plan. Finding #3 Development of the subject property for single-family residential lots will be consistent with desired development patterns for this area of the City. Finding #4 The requested zoning is consistent with the adopted 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 Agricultural Preservation (AG) Zone to the Urban Residential (R-1B) 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. EXHIBIT 1 All that part of the Southwest Quarter of the Southwest Quarter (SW1I4 of SWII4) of Section Seventeen (17), Township One Hundred Fifteen (115), Range Twenty-Two (22), Scott County, Minnesota, described as follows: Starting 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 Number 79; thence South 73 degrees 23 minutes East along the Center line of said road or at an angle of 106 degrees 37 minutes to the right 714 feet to the Southwest Comer of the land herein described; thence North parallel to the Section line 125 feet; thence East at an angle of90 degrees 35 minutes to the right 349.72 feet; thence South parallel to the Section line to the Center line of County Aid Road Number 79 and; thence Northwesterly along the Center line of said road to the place of beginning. EXCEPT that part of the SWl/4 of the SWII4 of Section 17-115-22, described as follows: Commencing at the Southwest comer of the 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 an angle of 106 degrees 37 minutes along the centerline of said road a distance of714.0 feet to the point of beginning ofthe 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 jess to the point of beginning, Scott County, Minnesota. 1fr-' CITY OF SHAKOPEE Memorandum CASE NO.: 03-087 TO: Planning Commission FROM: Mark Noble, Planner I SUBJECT: Rezoning - Agricultural Preservation (AG) Zone to Urban Residential (R- IB) Zone MEETING DATE: September 18, 2003 REVIEW PERIOD: August 8, 2003-December 5, 2003 Site Information Applicant: Willis Smith Property Owner: Willis Smith Location: North of Valley View Road, east of Mathias Road and west of Pheasant Run Street Existing Zoning: Agricultural Preservation (AG) Zone Proposed Zoning: Urban Residential (R-1B) Zone Adjacent Zoning: North: Urban Residential (R-1B) Zone South: Rural Residential (RR) Zone West: Agricultural Preservation (AG) Zone East: Agricultural Preservation (AG) Zone Compo Plan: Single Family Residential Acreage: 0.683 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plan INTRODUCTION Willis Smith 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, west of Pheasant Run and east of Mathias Road (Exhibit A), and presently has a garage structure located on it. 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 of the 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 "single family residential". Refer to Section 11.22 (Agricultural Preservation Zone) and Section 11.28 (Urban Residential 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 September 18, 2003 meeting. Other staff were provided the opportunity to provide comments regarding this application. No adverse comments conceming 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. The applicant has stated that if he were granted an approval for the rezoning, he would proceed with a minor subdivision application to split tins property into two (2) parcels. Through this process, he would also request that the City Council grant him a waiver of subdivision criteria to be allowed to keep the existing garage (considered an accessory structure) on a lot. The City Code stipulates that no accessory structure shall be constructed on any residential lot prior to the construction of a principal building to which it is accessory. This presently is a non-conforming situation. The other lot would be sold for development as a single-family residence. 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 Development of the subject property for single-family residences will be consistent with desired development patterns 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 Agricultural Preservation (AG) Zone to Urban Residential (R-1B) 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-IB) Zone. 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 infolmation. 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 CAG) Zone to Urban Residential (R-1B) 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 CAG) Zone to Urban Residential (R-IB) Zone. ~ "I Mar~ ~oble Planner I G:BOAA-PC\2003\09-18\rezsmith.doc E~~\B\\ A AG lr\ I N W*E S . Subject Property "t ,.' Boundaryline.shp fI_ ---.i Jacparcels D Zoning Boundary Parcel Boundary - 'EK.-\-\ ,"C::> IT ~ ;J /rztfP !/} ~ ~ ~ J :5 ,