HomeMy WebLinkAbout14.A. Comp Plan Amendment to Extend MUSA, and Rezone Property-Res. No. 6212-Ord. No. 727
CITY OF SHAKOPEE I~ fl-
Memorandum
CASE NO.: OS-028
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Extend MUSA, andRezone Property
from Agricultural Preservation (AG) Zone/Light Industry (I-I) Zone to Urban
Residential (R-IB) Zone
MEETING DATE: March 15,2005
REVIEW PERIOD: January 21,2005 - May 20,2005
INTRODUCTION
Mark Liesener has made application to extend Metropolitan Urban Service Area (MUSA) to the
subject property, and that the subject property be rezoned from Agricultural Preservation (AG)
Zone/ Light Industry (I-I) Zone to Urban Residential (R-IB) Zone.
DISCUSSION
The subject property is approximately 14 acres in size and is located north of Eagle Creek Blvd. and
west of Riverside Fields (Exhibit A). This application was made concurrent with a Preliminary Plat
application for Riverside Bluffs, which incorporates the land subject to this application in addition to
land located adjacent to the west, which already has MUSA but has not yet been developed.
Planning staff note that the property to the northeast has MUSA approval and is presently being
developed, and the property to the west has received MUSA and rezoning to single-family residential
for a portion of that property. However, it should be noted that the MUSA approval for the property to
the west that is a part of the Riverside Bluffs proposal was granted on a condition that development of
that property occur within a one year time period. That development has not yet occurred.
City Engineering staff have noted that sanitary sewer is presently not available to the property that is
the subject of this request; therefore, it is practically difficult to recommend approval of this request at
this time; only at such time that the developmentto the west occurs and sanitary sewer is made
available to this property may this property be granted MUSA approval. The applicant has been in
negotiations with the developer of Riverside Fields 4th Addition to provide for a temporary sanitary
sewer service from that development. The design and service agreement for this proposal has not been
approved by the City as of the writing of this report.
The following Goals and Policies within the City's Comprehensive Plan contain provisions for the
granting of MUS A only if all of the following circumstances are found to exist. Failure to comply
with all goals and policies shall result in the denial ofthe request.
GOAL #1:
Growth and expansion of that portion of Shakopee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
GOAL #2:
Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed
areas shall be treated fairly relative to taxes and the provision of service.
Policies:
a. New areas will be added to MUSA only when that designation is consistent with
Goal #1 above.
b. Areas to be added to MUSA shall be located where utilities and community
facilities can be efficiently located or extended.
c. Designation of MUS A areas will be timed to enhance the City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. The addition of new MUSA areas shall either be timed to coincide with the
availability of utilities and community facilities, or be coordinated with plans to
provided utilities and community facilities.
e. The City will find that new MUSA areas will be suitable for development within
the timeframe being considered.
f. Designation of new MUSA areas shall be undertaken to better react to the
marketplace and to serve the community as a whole.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this item at their March 3, 2005 meeting and by a 5-2 vote,
recommended approval of the request to extend MUSA to the subject property and to rezone the
property to Urban Residential (R-IB) Zone. A copy ofthe Planning Commission's report is attached
for the Council's information.
ALTERNATIVES
1. Approve Ordinance No. 727, an ordinance approving of request to rezone the property from
Agricultural Preservation (AG) Zone/ Light Industry (1-1) Zone to Urban Residential (R-IB)
Zone.
2. Approve Resolution No. 6212, a resolution approving the request to extend MUSA to the
subject property.
3. Deny the request to extend MUSA to the subject property and direct staffto prepare the
appropriate resolution.
4. Deny the request to rezone the property from Agricultural Preservation (AG) Zone/ Light
Industry (I-I) Zone to Urban Residential (R-IB) Zone and direct staffto prepare the
appropriate ordinance.
5. Table the matter and request additional information from the applicant and/or staff.
ACTION REQUESTED
If the Council concurs with the Planning Commission's recommendation, the Council should offer a
motion to approve Ordinance No. 727, an ordinance approving of request to rezone the property from
Agricultural Preservation CAG) Zone/ Light Industry (I-I) Zone to Urban Residential (R-lB) Zone,
and to approve Resolution No. 6212, a resolution approving the request to extend MUSA to the
subject property.
g: \cc\2005\03-03 \cmppInrezklegstad05028 .doc
RESOLUTION NO. 6212
A RESOLUTION OF THE CITY OF SHAKO PEE APPROVING A REQUEST TO AMEND
THE COMPREHENSIVE PLAN TO EXTEND MUSA TO PROPERTY LOCATED NORTH
OF COUNTY ROAD 16 AND WEST OF RIVERSIDE FIELDS
WHEREAS, Mark L. Liesener, applicant, and Gerald & Lucy Klegstad, property owners,
have requested an amendment ofthe Comprehensive Plan to extend MUSA to the property as
described below; and
WHEREAS, the subject property is legally described as:
The East 250feet of the Southeast quarter of the Northeast Quarter of Section 14, Township 115,
Range 22, Scott County, Minnesota,
and
The East 190 feet of that part of the East Half of the Southeast Quarter of Section 14, Township
115, Range 22, Scott County, Minnesota, lying northerly of the centerline of Scott County Highway
No. 16; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on March 3, 2005, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting on March 15,2005; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
GOAL #1:
Development of this property shall be controlled and focused to maintain the City's fiscal soundness
consistent with other community-wide goals.
GOAL #2:
This property is currently within the City limits; therefore, this not a request for an annexation. This
property shall be treated fairly relative to taxes and the provision of service.
Policies:
a. Development of this property is consistent with Goal #1 above.
b. This property is located where utilities and community facilities can be efficiently
located or extended.
c. Extending MUSA to this property is timed to enhance the City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. Extending MUSA to this property is timed to coincide with the availability of utilities
and community facilities, or shall be coordinated with plans to provided utilities and
community facilities.
e. The City has determined that in extending MUSA to this property, it will be suitable
for development within the timeframe being considered.
f. Granting MUSA to this property is undertaken to better react to the marketplace and
to serve the community as a whole.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan to
extend MUSA to the property described above is hereby approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this
day of , 2005.
Mayor of the City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
ORDINANCE NO. 727, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEe. 11.03 BY REZONING
LAND LOCATED NORTH OF COUNTY ROAD 16 AND WEST OF RIVERSIDE FIELDS
FROM AGRICULTURAL PRESERVATION (AG) ZONEILIGHT INDUSTRY (1-1) ZONE
TO URBAN RESIDENTIAL (R-IB) ZONE
WHEREAS, Mark L. Liesener, applicant, and Gerald & Lucy Klegstad, property owners,
have requested the rezoning of property from Agricultural Preservation (AG) Zone/ Light Industry
(I-I) Zone to Urban Residential (R-IB) Zone; and
WHEREAS, the subject property is legally described as:
The East 250 feet of the Southeast quarter of the Northeast Quarter of Section 14, Township 115,
Range 22, Scott County, Minnesota,
and
The East 250 feet of that part of the East Half of the Southeast Quarter of Section 14, Township
115, Range 22, Scott County, Minnesota, lying northerly of the centerline of Scott County Highway
No. 16; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on March 3,2005, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting on March 15,2005; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shako pee
hereby adopts the following findings of facts relative to the above-named request:
Finding No.1: The original Zoning Ordinance is not in error.
Finding No.2: Significant changes in community goals and policies have taken place.
Finding No.3: Significant changes in City wide or neighborhood development patterns
have occurred in that development has proceeded in the vicinity of the
subject parcels.
Finding No.4: Zoning of the subject property to Urban Residential (R-IB) is consistent
with the adopted Comprehensive Plan in that property served by urban
services shall be zoned at urban densities.
BE IT FURTHER RESOLVED, that the request to rezone the property from Agricultural
Preservation (AG) Zone/ Light Industry (I-I) Zone to Urban Residential (R-IB) Zone is hereby
approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota, held this
day of ,2005.
Mayor of the City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of ,2005.
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CITY OF SHAKOPEE
Memorandum
CASE NO.: OS-028
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Extend MUSA, and Rezone Propelty
from Agricultural Preservation (AG) ZonelLight Industry (I-I) Zone to Urban
Residential (R-IB) Zone
MEETING DATE: March 3, 200S
REVIEW PERIOD: January 21,2005 - May 20,2005
SITE INFORMATION
Applicant: Joel & Mark Liesener
Propelty Owner: Gerald & Lucy Klegstad
Location: North of Eagle Creek Blvd., west of Riverside Fields
Current Zoning: Agricultural Preservation CAG) ZonelLight Industry (I-I) Zone
Proposed Zoning: Urban Residential (R-lB) Zone
Adjacent Zoning: North: Urban Residential (R-IB) Zone (w/PUD Overlay)
South: Rural Residential (RR) Zone/Agricultural Preservation (AG) Zone
East: Agricultural Preservation (AG) Zone/ Planned Residential District
(PRD)
West: Urban Residential (R-IB) Zone/ Light Industry (I-I) Zone
Area: 14.1 Acres
Compo Plan: Single Family Residential (Proposed)
MUSA: This site is presently outside the MUSA boundary
Attachments: Exhibit A: Location/Zoning Map
Exhibit B: City Engineering Memorandum
Exhibit C: CenterPoint Energy Letter
INTRODUCTION
Joel & Mark Liesener have made application to extend Metropolitan Urban Service Area (MUSA) to
the property, and that the property be rezoned from Agricultural Preservation (AG) Zone/ Light
Industry (I-I) Zone to Urban Residential (R-IB) Zone.
DISCUSSION
The property is approximately 14 acres in size and is located north of Eagle Creek Blvd. and west of
Riverside Fields (Exhibit A). The adopted Comprehensive Plan identifies this property for single
family residential development.
Shakopee Public Utilities has conunented that any proposed development of this property must be
served with two independent water sources that are then looped together, along with standard SPUC
requirements. They noted that there is one source in Crossings Blvd. to the east, and a second source
would be from the north across future CR 21 to the watermain around Red Oak Elementary School.
CenterPoint Energy provided a letter that addressed this application as well as the proposed
preliminary plat of Riverside Bluffs, noting that they object to the plans as proposed and will only
remove their objection if the issues addressing the transmission pipeline easement(s) are met.
The Parks, Recreation and Facilities Director Mark Themig commented that the Environmental
Advisory Commission held a meeting at which they reviewed this application, and after considerable
discussion, continued the hearing to allow for them to meet and discuss design issues and the proposed
greenway corridor that would be located along the creek channel and through out the developments
proposed ill this area. The Parks and Recreation Advisory Board have not conducted their review of
the Riverside Bluffs preliminary plat at this time; therefore, Mr. Themig recommends a continuance of
this request until they have had an opportunity to adequately address tlus proposed development.
The following Goals and Policies contain provisions for the granting of MUS A only if all ofthe
following circumstances are found to exist. Failure to comply with all goals and policies shall result in
the denial ofthe request.
GOAL #1:
Growth and expansion of that portion of Shakopee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
GOAL #2:
Any fhture annexation shall be undertaken in an orderly, fiscally sound manner. Property in annexed
areas shall be treated fairly relative to taxes and the provision of service.
Policies:
a. New areas will be added to MUSA only when that designation is consistentwitb
Goal #1 above.
b. Areas to be added to MUSA shall be located wbere utilities and community
facilities can be efficiently located or extended.
c. Designation of MUSA areas will be timed to enhance tbe City's ability to plan for,
develop, and/or acquire new utilities and public facilities.
d. The addition of new MUSA areas shall either be timed to coincide with the
availability of utilities and community facilities, or be coordinated with plans to
provided utilities and community facilities.
e. The City will find that new MUSA areas will be suitable for development within
the timeframe being considered.
f. Designation of new MusA areas shall be undertaken to better react to the
marketplace and to serve the community as a whole.
STAFF RECOMMENDATION
After evaluating the proposed project based on the above noted policies, staff has determined that
several of the policies can not presently be met; therefore, staff recommends that this item be either
denied or continued to a date at which time the policies could be met. Planning staff note that the
property to the northeast has MUSA approval and is presently being developed, and the property to the
west has received MUSA and rezoning to single-family residential for a portion ofthat property.
However, it should be noted that the MUSA approval ofthat property to the west was granted on a
condition that development of that property occur within a one year time period. That development
has not yet occurred. City Engineering staff have noted that sanitary sewer is presently not available to
the property that is the subj ect of this request; therefore, it is practically difficult to recommend
--______----approv;:ll of this.J:equ.es.taUhis time; only at such time that the development to the west occurs and
sanitary sewer is made available to this property may this property be granted MUSA approval. At a
minimum, staffbelieves the item should be continued so that the Commission has the benefit ofEAC
and PRAB input. The applicant has also requested that they be able to present and have questions/
comments made by the Commission so as to be aware of any issues the Commission may have at this
time.
ALTERNATIVES
1. Recommend approval of request to extend MUSA to the subject property and direct staff to
prepare the appropriate resolution.
2. Recommend approval of the request to rezone the property from Agricultural Preservation
(AG) Zone/ Light Industry (I-I) Zone to Urban Residential (R-1B) Zone and direct staff to
prepare the appropriate ordinance.
3. Recommend denial of the request to extend MUSA to the subject property and direct staff to
prepare the appropriate resolution.
4. Recommend denial of the request to rezone the property from Agricultural Preservation (AG)
Zone! Light Industry (1-1) Zone to Urban Residential (R-IB) Zone and direct staff to prepare
the appropriate ordinance.
5. Continue the public hearing to April 7, 2005.
6. Table the matter and request additional information from the applicant and/or staff.
ACTION REQUESTED
Offer a motion to continue to April 7, 2005 for EACIPRAB input, or another motion consistent with
the Commission's wishes.
~y
Planner I
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. CenterPoints 700 West Linden Avenue
PO Box 1165
i Energy Minneapolis, MN 55440-1165
February 1, 2005
'---Kiiark No616 .....~.__......-....._-_.....
Planner
1 29 South Holmes ,
,Shakopee, MN. 55379
"
RE':' ~. Proposed plat of Riverside Bluffs
.
.
Dear Mr.. Noble': .. ".
.
'.
With reference to the preliminary plat of Riverside Bluffs, CenterPoint Energy does have an
existing high-pressure -natural gas transmission pipeline within this proposed plat. -......-.
'. ..
.
CenterPoint Energy strongly objects to plans as prepared. I was contacted about this
- . ~ . * .. .' '
property recently and forwarded a detaIled letter to.Chad Baker at fax #952.223.4240 as
he requested. The ietter dated January 6, 2005 explained the details of this natural gas
transmission pipeline and the process required te develop this parcel. Copy enclosed.
..
. ~.
The information prepared by Pioneer 'Er1gineering is incorrect and with many flaws. They
are listed as follows:
1. The transmission pipeline easement recorded as document number A631418 is not
on any part of this property but for the property immediately to the west.
2. The transmission pipeline easement in the Southeast quarter of Section 14 was
reduced to a 1 DO-foot strip according to Modification and Amendment of Easement
Grant, recorded as document number 117360.
3. The transmission line easement in the Northeast Quarter is an existing blanket
easement filed with the Scott County Recorder on November 25, 1939 in Book of
Easements on page 97.
CenterPoint Energy will release the existing easements over the above referenced property
upon receipt of a new easement defining an 50-foot wide strip on the south end where the
grade is steep, and a 66-foot easement over the remainder of the property to the north.
CenterPoint Energy must be contacted as soon as possible before'this objection will be
removed. My telephone number is 612.321.5381.
Respectfully,
; CENTERPOINT ENERGY
~ ?{jJ~
Steven Von Bargen
Right-af-Way Administrator
P.O. Box 1165
Mpls., MN. 55440-1165
pc: Brian Sullivan, Ryland Homes
/
. CenterPointtM 700 West Linden Avenue
P.O. Box 1165
, Energy Minneapolis. MN 55440-1165
Minnegasco January 6, 2005
GRad Baker
by fax #952.223.4240
RE: CenterPoint Energy easement #887-1-24 & 887-1-23
East half of Section 14, Township 115, Range 22
Dear Mr. Baker:
In response to your request, CenterPoint Energy currently has two easements over the
parcel number 7 you faxed recently. That part of the parcel located in the Southeast
quarter of Section 14 was reduced to a 1 aD-foot strip according to Modification and
Amendment of Easement Grant, recorded as document number 117360. Copy to
follow.
As to that part of the parcel in the Northeast Quarter, CenterPoint Energy will release
the existing easement over the above referenced property upon receipt of a new
easement defining a 1 DO-foot wide strip, 50 feet on each side, centered over the high-
pressure natural gas transmission line presently located on the property.
The existing easement was executed on October 24, 1 939 and filed with the Scott
County Recorder on November 25, 1939 in Book of Easements on page 97. It was
subsequently assigned to Minnegasco according to Quit Claim Deed recorded May 18,
1 987 as document number 234148. Copies to follow.
CenterPoint Energy's pipelines are operated and maintained in accordance with the
Code of Federal Regulations, Part 192, Title 49, "Transportation of Natural and Other
Gasses by Pipeline: Minimum Federal Safety Standards.
The first step in this process will consist of CenterPoint Energy personnel locating the
existing transmission line and marking it with yellow stakes or yellow paint.
The next step is to tie down the natural gas transmission line to a current survey of
the property. This survey must be completed by a Registered Land Surveyor and
define a centerline located over the transmission line to use as a legal description for
the new easement to be executed by the current owners of the property. The current
owners or any party other than CenterPoint Energy will pay all costs for this survey.
Please provide:
1. The legal description and survey as referenced above.
2. The names of the current owners. If a corporation or partnership a copy of
how the signature block should look.
3. If the property is Registered Torrens or abstract. If Torrens, the certificate of
title number.
4. A copy of the development plans for the area. We must have a copy to review
and approve to insure all safe conditions are met in the development.
./
,
Chad Baker
January G, 2ees
page 2
No more than 1-foot of cut or fill will be allowed within 10-feet of the pipeline.
According to paragraph one of Exhibit A of the easement II A level area of not less
than 6 feet on each side of the pipeline shall be maintained at all times. Slope beyond
6 feet from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed.
Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the
level area on each side of the pipeline by that same footage of cut or fill."
When you provide all of the about information, I will then draft a new easement and a
release of the existing blanket easement. Two copies of the new easement will be
sent to you for execution by the current owners. I will also include an unexecutl?d
copy of the release for your reference. When both copies of the easement are
executed, return them to me and I will have the new easement and the release of the
existing easement executed by a Senior Vice President of Centerpoint Energy. The
new easement will be filed immediately subsequent to the release.
Please contact me at 1.800.234.5800, extension 5381, or 612.321.5381 to have the
gas main located when you are ready to have the area surveyed: The transmission
line will be located within a week after you call me. The survey must be completed
within days of having the line located so these markings will not be disturbed.
Respectfully,
CENTERPOINT ENERGY
5;C- UviJ~
Steven Von Bargen
Right-of-Way Administrator
P.O. Box 1165
Mpls., MN. 55440-1165
Steven. VonBaroen@CenterPointEnergv.com
I
! / 'f. ft .
RYLAND
ON t\4hL,-
The Ryland Group, Inc.
7600 Executive Drive
Eden Prairie, MN 55344
Contractor's Lie # 20035443
March IS, 2005 WNw.ryland.com
Mayor and City Council
Shakopee City Hall
129 South Holmes Street
Shakopee, MN 5S379
Re: Comprehensive Plan Amendment to Extend MUSA, and Rezone Property from
Agricultural Preservation (AG)ZonelLight Industry (I-I) Zone to Urban Residential (R-
IB) Zone and Final Plat of Riverside Fields 4th Addition.
Honorable Mayor and City Council members:
We respectfully request that you continue our request for Comprehensive Plan
- Amendment to Extend MUSA, and Rezone Property from Agricultural Preservation
(AG) Zone/Light Industry (I-I) Zone to Urban Residential (R-IB) Zone for two weeks to
the next regularly scheduled City Council meeting. We understand that all members of
the City Council will not be present at tonight's meeting and we would like the
opportunity to make our presentation to the full City Council.
Also on this evening's agenda is the request from Centex Homes for the Final Plat
Approval of Riverside Fields 4th Addition. At your March 1, 200S City Council meeting,
you continued your deliberation on Riverside Fields 4th Addition Final Plat, in order to
allow the staff time to revise the Resolution to include language that would recognize the
agreement between Centex Homes and Ryland Homes, for the sewer connection to the
adjacent property to the west, to be included in the approval of the 4th Addition Final Plat.
If this is the action the. City Council takes, we support it. Otherwise, the connection was
a part of the final plat of Riverside Fields 1 st addition, and in fact occurs within the right-
of-way of Crossings Boulevard as a part of the 1st addition Final Plat requirements.
Ryland is already required by resolution to build this connection. In order not to further
delay Centex's approval, we are willing to continue the discussion of the sewer
connection until your review of our MUSA line extension.
Mark Leisener
8679 Sunset Court
Shakopee,MN