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Home My WebLink About14.D. Rezoning of Ballard-Sunder Property-Ord. No. 668-Res. No. 5890 /it D, CITY OF SHAKOPEE Memorandum CONSENT CASE NO.: 03-032 TO: Mayor and City Counci~ Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Rezoning - Multiple-Fmnily Residential (R-3) Zone to Neighborhood Commercial (NC) Zone MEETING DATE: May 20, 2003 REVIEW PERIOD: March 27,2003 to July 25,2003 INTRODUCTION Ballard-Sunder Funeral Homes have submitted an application for a rezoning from the Multiple- Family Residential (R-3) Zone to the Neighborhood Commercial (NC) Zone. The subject site is located at 833 Marschall Road, which is southeast of the Eagle Creek Blvd.! Marschall Road intersection (Exhibit A). The site is presently being utilized as a church (Mount Olive Lutheran Church). The proposed rezoning is not presently consistent with the adopted land use plan, which guides it "institutional". Northwest Associated Consultants, Inc. (NAC) is in the process of completing an mnendment to the City's Comprehensive Plan, and this property is included in the amendment. Their analysis includes a recommendation for amending the guiding of this property from institutional to commercial. However, this amendment will not be completed until after the date that the rezoning request would be reviewed by the City Council. City Code Section 11.83, Subd. 7, states that any amendment to the zoning map granted by the City Council shall automatically amend the Comprehensive Plan. Based on this Code Section, staff recommends that the Council approve the rezoning request, with the understanding that NAC will incorporate this property in their Comprehensive Plan Amendment. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this request at their May 8,2003 meeting, and by a 7-0 vote, recommended that the City Council approve the request to rezone the subject property from Multiple-Fmnily Residential (R-3) Zone to Neighborhood Commercial (NC) Zone. A copy of the staffreport to the Planning Commission is attached for the Council's information. ALTERNATIVES 1. Approve Ordinance No. 668, an ordinance ofthe City of Shakopee approving the request to rezone the subject property from Multiple-Fmnily Residential (R-3) Zone to Neighborhood Commercial (NC) Zone. 2. Do not approve the request to rezone the subject property from Multiple-Fmnily Residential (R-3) Zone to Neighborhood Commercial (NC) Zone, and direct staff to prepare a resolution of denial for action at the Council's June 3, 2003 meeting. 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. ACTION REQUESTED Approve Ordinance No. 668, an ordinance of the City of Shakopee approving the request to rezone the subject property from Multiple-Fmnily Residential (R-3) Zone to Neighborhood Commercial (NC) Zone. ~o:ru Planner I G: CC\2003 \05- 20\rezfuneral home. doc ORDINANCE NO. 668, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEe. 11.03 BY REZONING LAND GENERALLY LOCATED EAST OF MARSCHALL ROAD AND SOUTH OF EAGLE CREEK BOULEVARD FROM MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE TO NEIGHBORHOOD COMMERCIAL (NC) ZONE WHEREAS, Ballard-Sunder Funeral Homes, applicant, and Mount Olive Lutheran Church, property owner, have requested the rezoning of land from Multiple Family Residential (R-3) Zone to Neighborhood Commercial (NC) Zone; and WHEREAS, the subject property is legally described as Lot 1, Block 1, Eagle Creek Junction 2nd Addition, Scott County, Minnesota. WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on May 8, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission, on May 8, 2003, recommended approval of the rezoning request; and WHEREAS, the City Council heard the matter at its meeting of May 20,2003, 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 funeral home 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 Multiple Family Residential (R-3) Zone to Neighborhood Commercial (NC) 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. CITY OF SHAKOPEE #(P Memorandum CASE NO.: 03-032 TO: Planning Commission FROM: Mark Noble, PlaImer I SUBJECT: Rezoning - Multiple-Family Residential (R-3) Zone to Neighborhood Commercial (NC) Zone MEETING DATE: May 8, 2003 REVIEW PERIOD: March 27,2003 to July 25,2003 Site Information Applicant: Ballard-Sunder Funeral Homes PropeIiy Owner: Mount Olive Lutheran Church Location: 833 Marschall Road South Existing Zoning: Multiple-Family Residential (R-3) Zone Proposed Zoning: Neighborhood Commercial (NC) Zone Adj acent Zoning: North: Highway Business (B-1) /Multip Ie-Family Residential (R - 3) Zones South: Multiple-Family Residential (R-3) Zone West: Multiple~FamilyResidential (R-3) Zone East: Multiple-Family Residential (R-3) Zone Compo Plan: Institutional Acreage: 2.75 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: ZoningILocation Map Exhibit B: Site Plan INTRODUCTION Ballard-Sunder Funeral Home has submitted an application for a rezoning to the Neighborhood Commercial (NC) Zone. The subject site is located southeast of the Eagle Creek Blvd.! Marschall Road intersection (Exhibit A). The site is presently being utilized as a church (Mount Olive Lutheran Church). The applicant has submitted an application for a Conditional Use Permit to allow a funeral home in the Neighborhood Commercial (NC) Zone, which will be reviewed by the Board of Adjustment and Appeals on May 8th as well. The CUP, if approved, would include a condition that the CUP approval is contingent on the rezoning request being approved. CONSIDERATIONS The City's Comprehensive Plan sets basic policies to guide the development of the City. The ...... .... .purpose.of designating.differentareasJorresidential,commercial,..andindlJ.s:triallandJlsysistQ... 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 not presently consistent with the adopted land use plan which guides it "institutional". Northwest Associated Consultants, Inc. (NAC) is in the process of completing an amendment to the City's Comprehensive Plan, and this property is included in the mnendment. Their analysis includes a recommendation for amending the guiding of this property from institutional to commercial. However, this mnendment will not be completed until after the date that the rezoning request would be reviewed by the City Council. City Code Section 11.83, Subd. 7, states that any amendment to the zoning map granted by the City Council shall automatically amend the Comprehensive Plan. Based on this Code Section, staff recommends that the Commission recommend approval of the rezoning request, with the understanding that NAC will still incorporate this property in their Comprehensive Plan Amendment. Refer to Section 11.34 (Multiple-Family Residential Zone) and Section 11.35 (Neighborhood Commercial Zone) for a listing of the uses, both pennitted 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 May 8, 2003 meeting. Other staff were provided the opportunity to provide comments regarding this application. One comment was received; that being that the application should be consistent with the Comprehensive Plan. Planning staff have noted that the proposed use will be occupying an existing structure, and that the architectural style is compatible with the adj acent residential uses. The applicant has noted that there presently are a significant number of landscaping units on site and that the parking provided on site is sufficient to handle their anticipated parking demand. 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 171e 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 funeral home 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 amended Comprehensive Plan land use map. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject propeIiy from Multiple-Fmnily Residential (R-3) to Neighborhood Commercial (NC) Zone. 2. Do not recommend to the City Council the approval of the request to rezone the subject property from Multiple-Fmnily Residential (R-3) to Neighborhood Commercial (NC) Zone. 3. Continue the public hearing and request additional infom1ation from the applicant or staff. 4. Close the public hearing, but table the matter and request additional information. STAFF RECOMMENDATION Staff recommends Altemative No.1; recommend to the City Council the approval of the request to rezone the subject property from Multiple-Family Residential (R-3) to Neighborhood Commercial (NC) 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 Multiple-Family Residential (R-3) to Neighborhood Commercial (NC) Zone. ~~ Mark NObl\) Pla1merI G:BOAA-PC\2003\05-08\rezfuneral home.doc E~~'t)''-' A. g-I l',~ ! Bl , ~l ~ =fi I ~i ~' l~J 1 ~I lE'"'+- I ~I \~ ~~ I 00/ ~I ~I ~I I \ - I \ \ \ ... rrm_ N ~ w*, SHAKOPEE COMMUNITY PlUDE SINCE 11157 S REZONING OF PROPERTY FROM MULTIPLE FAMILY RESIDENTIAL (R3) TO NEIGHBORHOOD COMMERCIAL (NC) ZONE. D Zoning Boundary . Parcel Boundary .-..--- ~ Parcel Area in Question ~.. }, e)(~ '(on'" e:> Plot. Plan ;.. ~- ..". . I - ... .... "- "- ........ "- "- "- ...... . 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