HomeMy WebLinkAbout14.A. Comp Plan Amendment to Reguide Property, Extend MUSA, and Rezone Property-Res. No. 6193-Ord. No. 723
CITY OF SHAKOPEE 11f.F;.
Memorandum
CASE NO.: 05-007
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Comprehensive Plan Amendment to Reguide Property from Rural Residential
to Single-Family Residential, Extend MUSA, and Rezone Property from
Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone
MEETING DATE: March 1, 2005
REVIEW PERIOD: November 24, 2004 - March 24, 2005
INTRODUCTION
,
Associated Capital Corporation has made application to re-guide property from Rural Residential to
Single-Family Residential, and to extend Metropolitan Urban Service Area (MUSA) to a portion of
that same property. Additionally, they have requested that the property be rezoned from Rural
Residential (RR) Zone to Urban Residential (R-1B) Zone.
The property is located south of County Road 78 and west of County Road 17 and is 80 acres in size.
(Please see Exhibit A). The entire property is currently guided for Rural Residential development in
the adopted Comprehensive Plan and the 25 acres located in the northeastern portion ofth~ site are
already within the MUSA boundary (please reference exhibits provided in the memo to the Planning
Commission).
The City Council reviewed this request at its February 1 st meeting. At that meeting the Council
failed to pass a motion approving the reguiding, rezoning, and extension of MUS A to the 55 acres
currently located outside the MUSA boundary. In response to direction by Council, staffhas
prepared an ordinance approving the rezoning to Urban Residential (R-IB) ofthe 25 acres currently
located within the MUSA boundary. In addition, staff has prepared a resolution of denial for the
request to reguide, rezone, and extend MUSA to the remaining 55 acres.
ALTERNATIVES
1. Approve Ordinance No. 723, an ordinance approving the request to rezone property from Rural
Residential (RR) Zone to Urban Residential (R-1B) Zone.
2. Approve Resolution No. 6193, a resolution denying the request to rezone the property outside
of MUS A to Urban Residential (R-1B) from Agricultural Preservation.
3. Table the matter and request additional information from the applicant and/or staff.
ACTION REQUESTED
Offer a motion to approve Ordinance No. 723, an ordinance approving the request to rezone the
property from Rural Residential (RR) Zone to Urban Residential (R-1B) Zone and to approve
Resolution No. 6193, a resolution denying the request to rezone the property outside of MUS A to
Urban Residential (R-IB) from Agricultural Preservation, and move its adoption.
Julie Klima
Planner II
g:\cc\2005\03-0 1 \cmpplnrezacc05007 .doc
RESOLUTION NO. 6193
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A REQUEST TO REZONE
PROPERTY FROM AGRICULTURAL PRESERVATION (AG) TO URBAN RESIDENTIAL
(R-IB)
WHEREAS, Associated Capital Corp., applicant, and Associated Capital Corp, Bert
Notermann, and Charles Huss, property owners, have requested the guiding ofproperty for single
family residential development and an extension of the MUSA boundary to the property; and
WHEREAS, the subject property is legally described as:
The south 495 feet of the Northwest Quarter of the Northeast Quarter of Section 19, Township 115,
Range 22, Scott County, Minnesota AND the Northeast Quarter of the Northwest Quarter of Section
19, Township 115, Range 22, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, arid a public hearing was held before the
Planning Commission on January 6,2005, 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 January 18, and February I,
2005, and March 1,2005; 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. described request:
Finding No.1: The adopted Comprehensive Plan is not in error.
Finding No.2: Significant changes in community goals and policies have not taken
place that would support the requested change. Moreover, the City
Council determined that the subject property is in the "Phase IT' MUSA
area, and thus not ready for extension of MUS A and sewer. The
adopted Comprehensive Plan requires that property zoned to urban
densities be serviceable by sewer and water.
Finding No.3; Significant changes in neighborhood development patterns have not
occurred.
Finding No.4: The adopted Comprehensive Plan does not require a different provision.
BE IT FURTHER RESOLVED, that the request to rezone the property to Urban
Residential (R-IB) is hereby denied.
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. 723, 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 SOUTH OF COUNTY ROAD 78 AND WEST OF COUNTY
ROAD 17 FROM RURAL RESIDENTIAL (RR) TO URBAN RESIDENTIAL (R-IB) ZONE
WHEREAS, Associated Capital Corp., applicant, property owner, has requested the rezoning of
property from Rural Residential (RR) Zone to Urban Residential (R~IB) Zone; and
WHEREAS, the subject property is legally described as:
The East Half of the Northwest Quarter of the Northeast Quarter of Section 19, Township 115,
Range 22, except the South 495 feet thereof and The West Half of the Northwest Quarter of the
Northeast Quarter of Section 19, Township 115, Range 22, except the South 495 feet thereof, Scott
County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning
Commission on January 6,2005, 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 January 18,2005, February 1 and
15,2005, and March 1,2005; 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 not taken place.
The property was previously granted approval to be included in the MUSA .
boundary. The adopted Comprehensive Plan requires that properties be zoned
to urban densities if served by sewer and water.
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-lB) is consistent with
the adopted Comprehensive Plan in that property served by urban services be
zoned at urban densities.
BE IT FURTHER RESOLVED, that the request to rezone the property from Rural Residential
(RR) 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.
Shakopee - Location Maps Page 1 of 1
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Comprehensive Plan
Amendment and Rezoning from
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'.
,. CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-007
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner IT
SUBJECT: Comprehensive Plan Amendment to Reguide Property from Rural Residential
to Single-Family Residential, Extend MUSA, and Rezone Property from
Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone
MEETING DATE: February 1, 2005
REVIEW PERIOD: November 24, 2004 - March 24, 2005
INTRODUCTION
Associated Capital Corporation has made application to re-guide property from Rural Residential to
Single-Family Residential, and to extend Metropolitan Urban Service Area (MUSA) to a portion of
that same property. Additionally, they have requested that the property be rezoned from Rural
Residential (RR) Zone to Urban Residential (R-IB) Zone.
DISCUSSION
This item was tabled by the Council on January 18, 2005 until after the goal-setting workshop
scheduled for January 25,2005. At that meeting, councilmembers discussed directing development
to occur where the City and or the Shakopee Public Utilities Commission has already made
infrastructure investments that can and should be maximized. The subject property would utilize
the SPUC booster station for water to be constructed in the plat of Valley Creek Crossing across CR
78, and help to offset those costs.
The property is located south of County Road 78 and west of County Road 17 and is 80 acres in
size. . (Please see Exhibit A). The entire property is currently guided for Rural Residential
development in the adopted Comprehensive Plan and the 25 acres located in the northeastern
portion ofthe site are already within the MUSA boundary (please reference exhibits provided in the
memo to the Planning Commission). The applicant is asking that the entire site be reguided and
rezoned from Rural Residential (RR) to Urban Residential (R-IB) and that MUSA be extended to
the remaining 55 acres.
The City Council.has approved a draftc;~lp.12~h.ynsiveLand Use Plan update. The update proposes
the use ofthe subject property as single family residential. The Metropolitan Council has not yet
approved the Land Use Plan update.
ALTERNATIVES
1. Approve Ordinance No. 723, an ordinance approving the request to rezone the subject property
from Rural Residential (RR) Zone to Urban Residential (R-IB) Zone.
2. Approve Resolution No. 6176, a resolution approving the request to extend MUSA to the
balance of the subject property and to re-guide the entire site from rural residential to single
family residential.
3. Deny the request to extend MUSA to the balance of the subject property.
4. Deny the request to reguide the property from rural residential to single-family residential.
5. Deny the request to rezone the property to Urban Residential (R-IB) Zone from Rural
Residential (RR) Zone.
6. Table the matter and request additional infonnation from the applicant and/or staff.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this application at its January 6, 2005 meeting. The
Commission voted unanimously to approve the extension of MUS A to the remainder of the site and
to reguide the entire property from rural residential to single family residential and rezone the entire
property from Rural Residential (RR) Zone to Urban Residential (R-IB).
ACTION REQUESTED
Offer a motion to approve Ordinance No. 723, an ordinance approving the request to rezone the
subject property from Rural Residential (RR) Zone to Urban Residential (R-IB) Zone and to approve
Resolution No. 6176, a resolution approving the request to extend MUSA to the balance of the subject
property and to re-guide the entire site from rural residential to single family residential, and move its
adoption.
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RESOLUTION NO. 6176
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND
THE COMPREHENSIVE PLAN TO REGUIDE CERTAIN PROPERTY FOR SINGLE
FAlVllL Y RESIDENTIAL DEVELOPMENT FROM RURAL RESIDNETIAL
DEVELOPMENT AND TO EXTEND MUSA TO THE BALANCE OF PROPERTY
WHEREAS, Associated Capital Corp., applicant, and Associated Capital Corp, Bert,
Notermann, and Charles Russ, property owners, have requested the guiding of property for single
family residential development and an extension of the MUSA boundary to the balance of the
prope11y; and
WHEREAS, the subject property is legally described as:
The Northwest Quarter of the Northeast Quarter of Section 19, Township 115, Range 22, Scott
County, Minnesota AND the Northeast Quarter of the Northwest Quarter of Section 19, Township
115, Range 22, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on January 6,2005, 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 January 18, 2005; and
NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
Finding No.1: The Comprehensive Plan is not in error.
Finding No.2: Significant changes in community goals and policies have not taken
place.
Finding No.3: Significant changes in neighborhood development patterns have
occurred. Specifically, since adoption of the 2000 Comprehensive/
Land Use Plan, single family residential development has proceeded in
the vicinity of and adjacent to the subject property.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by re-
guiding the subject property for single family residential development and to extend MUSA to the
balance ofthe property is hereby approved.
Passed in regular session of the City Council of the GUy of Shakopee, Minrt!!sotaib.eld this
day of J 2005.
Mayor ofthe City of Shakopee
Attest: ,
Judith S. Cox, City Clerk
ORDINANCE NO. 723, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKO PEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING
LAND GENERALLY LOCATED SOUTH OF COUNTY ROAD 78 AND WEST OF COUNTY
ROAD 17 FROM RURAL RESIDENTIAL (RR) TO URBAN RESIDENTIAL (R-IB) ZONE
WHEREAS, Associated Capital Corp., applicant, and Associated Capital Corp., Bert Notermann,
and Charles Huss, property owners, have requested the rezoning of property from Rural Residential (RR)
Zone to Urban Residential (R-IB) Zone; and
WHEREAS, the subject property is legally described as:
The Northwest Quarter of the Northeast Quarter of Section 19, Township 115. Range 22, Scott
County, MinnesotCf AND the Northeast Quarter of the Northwest Quarter of Section 19, Township
115, Range 22. Scott County. Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning
Commission on January 6,2005, 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 January 18,2005; 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 not taken place.
Finding No. 3: Zoning of the subject property to Urban Residential (R-lB) is not consistent
with the adopted Comprehensive Plan, but will be consistent with the
Comprehensive Plan Update if adopted by the Metropolitan Council.
Finding No.4: Zoning ofthe subject property to Urban Residential (R-lB) is not consistent
with the adopted Comprehensive Plan, but will be consistent with the
Comprehensive Plan Update if adopted by the Metropolitan Council.
BE IT FURTHER RESOLVED, that the request to rezone the property from Rural Residential
(RR) to Urban Residential (R-lB) 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.
$9
CITY OF SHAKO PEE
Memorandum
CASE NO.: 05-007
';;:.;:"=T:ti~~::'- SlttlRbpee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Comprehensive Plan Amendment to Reguide Property from Rural
Residential to Single-Family Residential, Extend MUS A, and
Rezone Property from Agricultural Preservation (AG) Zone to Urban
Residential (R-IB) Zone
MEETING DATE: January 6,2005
REVIEW PERIOD: November 24, 2004 - March 24, 2005
Site Information
Applicant: Associated Capital Corp.
Property Owner: Associated Capital Corp.; Bert Notermann, Charles Huss
Location: South of CSAH 78 and West of CSAH 17
Adj acent Zoning: North: Rural Residential (RR)/Urban Residential (R-IB) Zone
South: Rural Residential (RR) Zone
East: Rural Residential (RR) Zone
West: Rural Residential (RR) Zone
Acreage: 80 Acres
MUSA: Approximately 25 acres ofthe site in within the MUSA boundary,
the applicant is requesting to include the remaining 55 acres within
the MUSA boundary.
INTRODUCTION
Associated Capital Corporation has made application to re-guide property from Rural
Residential to Single-Family Residential, and to extend Metropolitan Urban Service Area
(MUSA) to that same portion of property. Additionally, they have requested that the
property be rezoned from Agri~tlJtu~al Preservation (AG) Zone to Urban Residential (R-
IB) Zone.
Please refer to Sections 11.22 and 11.28 of the City Code for the regulations ofthe AG and
R-1B zones.
The property is located south of County Road 78 and west of CSAH 17 (Exhibit A). The
property is 80 acres in size. The northeast portion of the property is currently within the
MUSA boundary (please see Exhibit B). The applicant is request that the remainder of the
property also be included within the MUSA boundary.
~;~:.::=:.::.~..~..:. ..... The City's""e-omprehensive 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 adopted Comprehensive Plan guides this property for Rural Residential development.
The draft Comprehensive Plan that has been submitted to the Metropolitan Council for
review, but not formally adopted, guides the property for single family residential
development.
In April 2004, the City Council adopted as its No.1 goal to "manage the City's growth".
The primary action step toward meeting this goal was to "identify and implement
additional mechanisms to limit and constrain development so that long range planning can
take place."
The City Council has initiated a strategic planning effort. Discussions have been held
indicating that it may be preferable to consider action to amend the Comprehensive Plan
once the strategic planning effort is well underway. With respect to applications like this,
it is somewhat difficult for staff to formulate specific recommendations on such requests
absent further direction relating to the City's stated goals and conclusion ofthe strategic
planning effort.
Comments on the applications have been received from Shakopee Public Utilities (SPUC)
and Time Warner Cable. SPUC's comments are attached for the Commission's review.
SPUC has commented that the development of property south of County Road 78 is
desirable to justify the investment it is making in the booster station to be constructed
within the Valley Creek Crossing development on the north side of County Road 78. Time
Warner Cable has commented that cable exists in the County Road easement. Time
Warner should be contacted directly for further information.
Extension of MUS A to this property would bring municipal water and sewer services
closer to existing rural residential developments. Developments in this vicinity, such as
::'::::~'.:. :;"" Beckrich Park Estates and Stonebrooke have expressed a desire to be allO\!:ed to hook up to
MUSA. City staff has proposed to the MetropolitanCouncil an appro ach 'ror dealing with ~ -.-
the City's MUSA allocation by acres and the provision of services to existing rural
residential developments. However, the Met Council has not provided direct feedback on
that proposal. Staff is working with the Met Council to set up a meeting to discuss this and
other issues.
FINDINGS
The Zoning Ordinance does not specify criteria for granting a Comprehensive Plan Map
amendment, though reasonable criteria would be Criteria #1 -3 for Zoning Ordinance
amendments. Staff has provided Criteria #1 - 3, as well as draft findings for the
commission's review and discussion. . ,.-::;. ~:~-'''''' .:-~:;"..J . "':~'Z..w=-s.
.....
Criteria #1: That the original Comprehensive Plan is in error;
Finding #1: The original Comprehensive Plan is not in error.
Criteria #2: That significant changes in community goals and policies have taken
place;
Finding #2:. Significant changes in community goals and policies have not taken place.
Criteria #3: That significant changes in Citywide or neighborhood development '
patterns have occurred.
Finding #3: Significant changes have occurred in neighborhood development patterns.
Specifically, since adoption of the 2000 Comprehensive/Land Use Plan,
development has proceeded in the vicinity of the subject property.
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 Significant changes in community goals and policies have not taken place.
Criteria #3 That significant changes in City-wide or neighborhood development
patterns have occurred; or
Finding #3 Zoning of the subject property to Urban Residential (R-1B) is not consistent
with the adopted Comprehensive Plan. but will be consistent with the
Comprehensive Plan Update if adopted by the Metropolitan Council.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 Zoning of the subject property to Urban Residential (R-1B) is not consistent
with the adopted Comprehensive Plan, but will be consistent with the
Comprehensive Plan Update if adopted by the Metropo/itan-Cq,un9il.
ALTERNATIVES
1. Recommend to the City Council the approval ofthe request to extend MUSA to the
balance ofthe subject property, to re-guide to single-family residential from rural
residential, and to rezone the same property from Agricultural Preservation (AG)
Zone to Urban Residential (R-IB) Zone.
2. Recommend to the City Council the denial of the request to extend MUSA to the
balance of the subject property, to re-guide to single-family residential from rural
residential, and to rezone the same property from Agricultural Preservation (AG)
=-'Z"on&'te.tJrban Residentiat.;~lB) 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.
STAFFRECO~NDATION
Because the current, adopted Comprehensive Plan guides the subject property for "rural
residential" use; because the draft Comprehensive Plan land use plan is not yet adopted; at
this time staff is not making a specific recommendation of approval of the request to. extend
MUSA to the balance of the subject property, to re-guide to single-family residential from
rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone
to Urban Residential (R-IB) Zone.
ACTION REQUESTED
Offer and approve a motion to make a recommendation to the City Council consistent with
the Planning Commission's wishes.
~-
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Ju1' e Klima
PIa: er IT
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SHAB:OPEE :PUBLIC UTILITIES
MEMORANDUM
TO: Shakopee Community Development Department
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FROM: Joseph D. Adams, Planning and Engineering Director ;)
SUBJECT: STAFF REVlEW RECORD COMMENTS for:
Comp Plan Amendment and Rezoning AG to R1B .. r
CASE NO: 05007
DATE: /2/z~'I
COMMENTS: ,
.
Municipal water service is available subject to our stalldard termS and conditions. These
include, but are not limited to: installing a lateral water main distrlbution system in
accordance with utility policy, paying the associated inspections costs, paying the Trunk
Water Charge, and paying th~ Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions..
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and. conditions.
These are contained in the current City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specifLc requirements
relating to their project.
Note: A portion of the Valley Creek Crossing Addition and the subje,ct parcels are
located in the 2nd High Elevation Service District for water service. SPUC's
Comp Water Plan identifies the facilities required to serve this area of the
city with municipal water service, including a pressure booster station to be
located in the Valley Creek ,Crossing Addition.
SPUC and the developer of the Valler-ereelcCrossing Addition, also
applicant here, are in the process of negotiating an agreement on the
donation of land and construction of the booster station. Additional
. development in the 2nd liES District1beyond Valley Creek Crossing, is
desired to justify the investrn~nt in the booster station.