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Home My WebLink About14.A. Rezoning-Agricultural Preservation (AG) Zone/Light Industry (I-1) Zone to Urban Residential (R-1B) Zone-Ord. No. 675 /1. A, CITY OF SHAKOPEE Memorandum CASE NO.: 03-057 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Rezoning - Agricultural Preservation (AG) Zone/Light Industry (1-1) Zone to Urban Residential (R-IB) Zone MEETING DATE: July 1, 2003 REVIEW PERIOD: May 9, 2003 to September 5, 2003 INTRODUCTION Mark & Joel Liesener have submitted an application for a rezoning from the Agricultural Preservation (AG) Zone/Light Industry (1-1) Zone to the Urban Residential (R-IB) Zone. The subject site is located on the north side ofCSAH 16, east of Pike Lake Road, and west of Foothill Trail (Exhibit A). The applicant's propose a single-family residential development for this property, that would be completed in 2 phases. CONSIDERATIONS The proposed rezoning is consistent with the adopted land use plan which guides it "single family residential". The property owners had recently requested MUSA be extended to this property, which was approved by the City Council on June 17, 2003. CenterPoint Minnegasco has commented that a natural gas main is located on the property. The developer shall contact Minnegasco for further information. ALTERNATIVES 1. Approve Ordinance No. 675, an ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone/Light Industry (1-1) Zone to Urban Residential (R-IB) Zone. 2. Do not approve the request, and direct staff to prepare a resolution denying the request for Council consideration at their July 15, 2003 meeting. 3. Table the matter and request additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at their June 19, 2003 meeting, and by a 7-0 vote, they recommended that the City Council approve the request. The June 19,2003 Planning Commission staff report is attached for the Council's information. ACTION REQUESTED Offer and approve a motion to adopt Ordinance No. 675, an Ordinance approving the request to rezone the subject property from Agricultural Preservation (AG) Zone/Light Industry (1-1) Zone to Urban Residential (R-IB) Zone. ~ --.. Planner I G:Cc\2003\07-0 1 \rezliesener.doc ORDINANCE NO. 675, 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 CSAH 16, EAST OF PIKE LAKE ROAD AND WEST OF FOOTHILL TRAIL FROM AGRICULTURAL PRESERVATION (AG) ZONE/LIGHT INDUSTRY (1-1) ZONE TO URBAN RESIDENTIAL (R-IB) ZONE WHEREAS, Mark & Joel Liesener, applicants and property owners, have requested the rezoning ofland from Agricultural Preservation (AG) Zone /Light Industry (1-1) 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 June 19, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission, on June 19,2003, recommended approval of the rezoning request; and WHEREAS, the City Council heard the matter at its meeting of July 1, 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 /Light Industry (1-1) 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 of the City of Shako pee Attest: , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 2003. r~,~,'" 1 The West 410 feet of the Southeast 1/4 of Section 14, Township 115, Range 22, Scott County, Mi11l1esota, lying North of the North boundary of County Highway No. 16, according to the United States Government Survey thereof and situate in Scott County, Minnesota. AND That part of the East 12 of the Southeast 1/4 of Section 14, Township 115, Range 22, Scott County, Mim1esota, described as follows: Commencing on the Northeast comer of said East Y2. of tl1e Southeast 1/4; thence South along the East line of said East 12 of the Southeast 1/4 a distance of 1167.10 feet to the center line of County Road No. 16; thence deflecting to the light 101 degrees 25 minutes 30 seconds along said center line a distance of 255.05 feet to its intersection with the West line of East 250,0 feet of said East 12 of the Southeast 1/4, said intersection being the actual point of beginning; thence continuing Westerly along said center line a distance of 200.0 feet; thence NOlih parallel with the East line of said East V2 of the Southeast 1/4 a distance of 444.40 feet; thence Easterly to a point in the West line of the East 250.0 feet of said East Y2. of the Southeast 1/4, said point being 444.40 feet NOlih from the point ofbegimring; thence South along the West line of the East 250.0 feet of said East 12 of the Southeast 1/4 a distance of 444.40 feet to the point of beginning, according to the United States Govemment Survey thereof and situate in Scott County, Milmesota. Abstract Property. AND The West 341.75 feet of the East 591.75 feet of the Southeast 1/4, and the West 341.75 feet of the East 591.75 feet of the East 12 of the Southeast 1/4 lying northerly of the center line of County Road No. 16, all in Section 14, Township 115, Range 22, Scott County, Mimlesota, except a tract of land described as follows: Commencing at the Northeast comer of said East Y2 of the Southeast 1/4; thence south along the eastline of said East Y2. of the Southeast 1/4 a distance of 1167.10 feet to the center line of County Road No. 16; thence deflecting to the right 101 degrees 25 minutes 30 seconds along said center line a distance of 255.05 feet to its intersection with the west line of the East 250.0 feet of said East Y2. of the Southeast 1/4, said intersection being the actual point of beginning; thence continuing westerly along said center line a distance of200.0 feet; thence north parallel with the east line of said East Y2. of the Southeast 1/4 a distance of 444.40 feet; thence easterly to a point in the west line ofthe East 250.0 feet of said East Y2 of the Southeast 1/4 said point being 444.40 feet north from the point of beginning; thence south along the west line of the East 250.0 feet of said East 12 of the Southeast 1/4 a distance of 444.40 feet to the point ofbegilming, according to the United States Government Suryey thereof and situate in Scott County, Minnesota. AND That pali ofthe East 12 of the Southeast 1/4 of Section 14, Township 115, Range 22, which lies Northerly of the centerline of Scott County Highway No. 16 as the same was laid on July 5, 19Q8, except the East 591.75 feet (also desclibed as the East 15 acres) thereof, Scott County, Mi114esota. ~7 CITY OF SHAKOPEE Memorandum CASE NO.: 03-057 TO: Planning Commission FROM: Mark Noble, Planner I SUBJECT: Rezoning - Agricultural Preservation (AG) Zone to Urban Residential (R- IB) Zone MEETING DATE: June 19,2003 REVIEW PERIOD: May 9,2003 to September 5,2003 Site Information , Applicants: Mark & Joel Liesener Property Owners: Mark & Joel Liesener Location: North side ofCSAH 16, east of Pike Lake Road, and west of Foothill Trail Existing Zoning: Agricultural Preservation (AG) Zone/Light Industry (I-I) Zone Proposed Zoning: Urban Residential (R-IB) Zone Adjacent Zoning: North: Urban Residential (R-IB) Zone South: Rural Residential (RR) Zone/ Agricultural Preservation (AG) Zone West: Urban Residential (R-IB) Zone/Agricultural Preservation (AG) Zone/ Light Industry (1-1) Zone East: Agricultural Preservation (AG) Zone/ Light Industry (1-1) Zone Compo Plan: Single Family Residential Acreage: 42.24 Acres MUS A: The site is NOT within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map INTRODUCTION Mark & Joel Liesener have 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 CSAH 16, east of Pike Lake Road, and west of Foothill Trail (Exhibit A). The property is presently being utilized as two single-family residences. The applicant's propose a single family residential development for this property, that would be completed in 2 phases. CONSIDERATIONS The City's Comprehensive Plan sets basic policies to guide the development ofthe 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 pemlitted 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 19,2003 meeting. The property owners had recently requested MUSA be extended to this property, which was reviewed by the Commission on June 5, 2003, with a recommendation of approval forwarded to the City Council for action on June 17, 2003. Approval of this rezoning request is contingent on the MUSA request being approved. CenterPoint Mimlegasco has commented that a natural gas main is located on the property. The developer shall contact Minnegasco for further il1fonnation. 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 singlejamily 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-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. l; 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. ~ Mark Noble Planner I G:BOAA-PC\2003\06-19\rezliesener.doc - I ! , I -- i I I I I : ) I I I r----.l 11 ~O~ I A4 _.~ CSAH 16 A~ G "0 ~ 12 - ~ -~ ~ ~ 12 - ~I ..... ~ N ~ W*E SHAKOPEE COMMUNIlYPRlIJE SlNCE 1851 Rezoning of property from Agriculture (AG) s to Urban Residential (RIB) Zone. D Zoning Boundary . Parcel Boundary _ Parcel Area in Question