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HomeMy WebLinkAbout14.C.2. Rezoing Property from Highway Business to Medium Density Residential-Ord. No. 674 )tf.c~,2 I CITY OF SHAKO PEE Memorandum CASE NO.: 03-047 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Rezoning - Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone MEETING DATE: June 17, 2003 REVIEW PERIOD: April 25, 2003 to August 22, 2003 INTRODUCTION Derrick Investment Company has submitted an application for a rezoning to the Medium-Density Residential (R-2) Zone. The subject site is located at the northwest corner of the Eagle Creek Blvd./Roundhouse Street intersection. CONSIDERATIONS Planning staff have noted that the applicant proposes to construct five (5) structures, each with four (4) residential units. Based on the property size (4 acres), the proposed density would be five (5) units per acre, which is consistent with the R-2 Zone design standards. Under Minnesota statute, zoning is to conform with a city's comprehensive plan. The proposed rezoning is not presently consistent with the adopted land use plan which guides it "commercial". The applicant also submitted an application for a Comprehensive Plan Amendment to reguide this property to medium density residential. The Comprehensive Plan Amendment will be on the June 17, 2003 Council agenda. Action should occur on the amendment prior to the Council review of the rezoning request. Staff recommends that the Council approve the rezoning request, contingent on the Comprehensive Plan Amendment being approved. ALTERNATIVES 1. Approve Ordinance No. 674, an ordinance approving the request to rezone the subject property from Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone. 2. Deny the request to rezone the subject property from Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone, and direct staff to prepare findings for adoption at the Council's meeting of July 1, 2003. 3. Table the matter and request additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at their June 5, 2003 meeting, and by a 7-0 vote, they recommended approval of the request. The June 5, 2003 staff report to the Commission is attached for the Council's information. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 674, an ordinance approving the request to rezone the subject property from Highway Business (B-1) Zone to Medium-Density Residential (R- 2) Zone. ~JL - M Noble Planner I G:Cc\2003\06-17\rezderrick.doc ORDINANCE NO. 674, 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 EAGLE CREEK BOULEVARD, EAST OF MARSCHALL ROAD, AND WEST OF ROUNDHOUSE STREET FROM HIGHWAY BUSINESS (B-1) ZONE TO MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE WHEREAS, Derrick Investment Company, applicant, and Pact Credit River Rd., LLP, property owner, have requested the rezoning of land from Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone; and WHEREAS, the subject property is legally described as: Outlot A, Eagle Ridge Ft Addition; and Commencing at the Northeast corner of the South one-half of the Southeast one-quarter and running thence west along the North line thereof a distance of 1136.76 feet to the actual point of beginning; thence South at right angles a distance of 411,35 feet to a point on the North line of Highway 16, thence Northwesterly along said North line of Highway 16, a distance of850.14 feet to its intersection with the said North line of South one-half; thence East a distance of 744.0 feet to the actual point of beginning; all in Section 6, Tract 115N, Range 22W, containing 3.5 acres, Scott County, Minnesota; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on June 5, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission, on June 5, 2003, recommended approval of the rezoning request; and WHEREAS, the City Council heard the matter at its meeting of June 17, 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 amended Comprehensive Plan. Finding #3 Development of the subject property for a medium density residential development will be consistent with desired development patterns for this area of the City. Finding #4 The requested zoning is consistent with the amended 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 Medium-Density Residential (R-2) 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. ~1 CITY OF SHAKOPEE Memorandum CASE NO.: 03-047 TO: Planning Commission FROM: Mark Noble, Planner I SUBJECT: Rezoning - Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone MEETING DATE: June 5, 2003 REVIEW PERIOD: April 25, 2003 to August 22,2003 Site Information Applicant: Derrick Investment Company Property Owner: Pact Credit River Rd., LLP Location: Northwest Comer of Eagle Creek Blvd. & Roundhouse Street Existing Zoning: Highway Business (B-1) Zone Proposed Zoning: Medium-Density Residential (R-2) Zone Adjacent Zoning: North: Highway Business (B-1) Zone South: Highway Business (B-1 )/Multiple- Family Residential (R-3)/ Medium-Density Residential (R-2) Zones West: Highway Business (B-1)/Multiple-FamilyResidential (R-3) Zones East: Multiple-Family Residential (R-3) Zone Comp, Plan: Commercial Acreage: 4.0 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Applicant's Narrative Exhibit C: Site Plan INTRODUCTION Derrick Investment Company has submitted an application for a rezoning to the Medium-Density Residential (R-2) Zone. The subject site is located at the northwest comer of the Eagle Creek Blvd./Roundhouse Street intersection (Exhibit A). The site is presently vacant. Commercial establishments are located to the west, along Marschall Road, with residential developments located along Eagle Creek Blvd. and Roundhouse Street. The applicant has also submitted applications for a Comprehensive Plan Amendment, a variance to allow reduced setbacks, and a Conditional Use Permit (CUP) to allow multiple structures on a lot, which will be reviewed by the Planning Commission/Board of Adjustment and Appeals on June 5th. The CUP, if approved, would include a condition that the CUP approval is contingent on the comprehensive plan amendment and the rezoning requests being approved, CONSIDERATIONS Other staff were provided the opportunity to provide comments regarding this application. Staff did not receive any comments. Planning staff have noted that the applicant proposes to construct five (5) structures, each with four (4) residential units. Based on the property size (4 acres), the proposed density would be five (5) units per acre, which is consistent with the R-2 Zone design standards. Under Mimlesota statute, zoning is to conform with a city's comprehensive plaIl. The proposed rezoning is not presently consistent with the adopted land use plaIl which guides it "commercial". The applicant has submitted a request for a Comprehensive Plan Amendment to reguide this property to medium density residential. Staff recommends that the Commission recommend approval of the rezoning request, contingent on the Comprehensive Plan Amendment being approved. Refer to Section 11.32 (Medium-Density Residential Zone) and Section 11.36 (Highway 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 June 5, 2003 meeting. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with pre-p&sed- 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 amended 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 a medium density residential development 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 Comprehensive Plan doesn't require a different provision. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone. 2. Do not recommend to the City Council the approval of the request to rezone the subj ect property from Highway Business (B-1) Zone to Medium-Density Residential (R-2) Zone. 3. Continue the public hearing and request additional infornlation 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 Highway Business (B-1) Zone to Medium-Density Residential (R- 2) 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 Medium-Density Residential (R-2) Zone. ~It-- M rkNoble -. Pla1mer I G:BOAA -p C\2003\06-05\rezderri ck,doc E~'!')'T ~ ~ N W*E SHAKOPEE COMMUNITY P1UDESlNCE1!lS7 Rezoning from Highway Business (B 1) s to Medium Density Residential (R2). D Zoning Boundary -- Parcel Boundary ..__ __._~J ~ Parcel Area in Question E,)C'~ \ e \T' 10 EAGLE POINTE NARRATIVE Cottage Homesteads is proposing a 20 unit, one-level town home community for seniors for the land at Eagle Creek Boulevard and Roundhouse Street. The 4-acre parcel has remained undeveloped as commercially zoned land. Commercial development has probably bypassed this site because this portion of Eagle Creek Boulevard was developed entirely with residential, mostly mid and high density, not commercial. The only commercial is around the corner on Marshall. The county has restricted access along the entire length of Eagle Creek so that access must come solely from Roundhouse. Not a situation that lends itself to commercial development. We feel that our one-level townhome development will fit nicely on this site. It is already surrounded by mid and high density residential. We will provide convenient one-level maintenance free housing for Shakopee seniors. We are requesting: >- Conditional Use Permit allowing multiple structures to be built on one lot. >- Amendment to the Comprehensive Plan and Rezoning to R-2 to allow construction of 5-4 unit one-level town homes. ~ Variance to allow a 20 foot setback from Roundhouse Street in order to provide more open space around a pond and between buildings. Because of the 12-foot wide boulevard on Roundhouse, the buildings will actually be a minimum of 32 feet from the curb. The driveways will be 36 feet long to Roundhouse, The criteria for granting variances are: ~ Ponding requirements in this area are unusually large so more of the property is taken up with ponds and their setbacks. >- The County has restricted access to Eagle Creek Boulevard so access must be provided by building a driveway within the property parallel to Eagle Creek Boulevard. Over the years, we have developed numerous one-level townhome communities for seniors throughout the State of Minnesota including Canterbury Pointe, which we built in the mid-90's, and RiverPlace, which is currently under construction, We plan on offering three (3) distinctive floor plans ranging in size from 1338 square feet for our Essex design to more than 1600 square feet for our Brentwood. These townhomes are affordably priced from $175,000 to about $250,000, The Brentwood i$ traditionally designed with a 9ft high ceiling, wood floors, Cambria countertops, and ceramic tile baths. We feel this is will be a wonderful location for seniors because it is close to shopping and has easy access to all of the major highways, We are excited about developing Eagle Pointe and are looking forward to starting construction yet this year, Thank you for allowing Derrick Investment Company to present Eagle Pointe to you, E\C~ ''baT c.. ~;~-----;;:"' - i:l,:l 7~~.", ~:.eJ ,... 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