HomeMy WebLinkAbout14.A. Comp Plan Amendment to Reguide Property, Extend MUSA, and Rezone Property-Res. No. 6193-Ord. No. 723
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CITY OF SHAKOPEE I 1. ft,
Memorandum
CASE NO.: 05-007 CONSENT
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 15, 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.
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 Residentiardevelopment 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 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. ill response to direction by Council, staffhas
prepared an ordinance approving the rezoning to Urban Residential (R-IB) of the 25 acres currently
located within the MUSA boundary. ill 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-IB) Zone.
2. 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.
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-IB) Zone and to 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, an move its adoption.
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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 of property for single
family residential development and an extension ofthe 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, 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, and February 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: Sigirlficant 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-1B) 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
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 ofthe subject property to Urban Residential (R-1B) 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-1B) Zone is hereby approved.
Passed i'n 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 LOG NO.: 05-001
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Text Amendment Regarding Mini-Storage Facilities (w/Exterior Storage) in
the Highway Business (B-1) Zone
MEETING DATE: January 6,2005
INTRODUCTION:
Leonard Hovde, CEOlPresident of Stage Coach Storage, has submitted an application requesting
approval of a text amendment that would list storage facilities (w/exterior storage) as a conditional use
in the B-1 Highway Business Zone. In the applicant's narrative, he expresses the desire to establish a
business on vacant lots in the Stagecoach Business Center plat, located on Stagecoach Road just south
ofHwy. 101 and north ofHwy. 169 (see attached location map and narrative letter).
DISCUSSION:
The applicant believes that this property may be a suitable site for this type of use. Although staff may
not disagree with that assessment as it pertains to this specific property, staff believe that there are
other B-1 zoned sites in Shakopee that may not be appropriate locations for this type of use due to
potential conflicts in uses. An alternative option that the applicant explored was to rezone the property
to an industrial zone, which lists storage facilities/exterior storage as conditional uses. Unfortunately,
this property does not have city services and is less than the minimum 10 acres in size required for lots
without services (approx. 1 )Iz - 2 acres each); therefore, rezoning is not a viable option. Staff
suggested as an option that the applicant consider pursuing a text amendment, stating to the applicant
that staff would recommend consideration of this use as a conditional use rather than as a permitted
use. As a conditional use, staff and the Commission will have an opportunity to review and add
conditions as specific situations arise.
Staff have prepared a draft ordinance with several conditions, attempting to address any possible
conflicts between potential sites and the adjacent uses. Staff request that the Commission review this
draft language and offer changes/additions as necessary.
Shakopee Public Utilities commented that contrary to the applicant's letter, municipal water is
available to this site at present, and that there is an existing 12-inch watennain along Stagecoach Road
on the west side.
ALTERNATIVES:
1. Recommend to the City Council approval of the text amendment as presented.
2. Recommend to the City Council approval of the text amendment with revisions.
3. Recommend to the City Council the denial of the text amendment.
4. Table the matter for additional information.
STAFF RECOMMENDATION: ,
Staff recommends alternative no. 1 or 2.
ACTION REQUESTED:
Offer and pass a motion recommending to the City Council approval of the text amendment as
presented or with revisions.
ORDINANCE NO. --' FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11.36, SUBDIVISION 3, CONDITIONAL USES
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That City Code Chapter 11.36, Subd. 3, Conditional Uses, is hereby amended by
adding the language, which is underlined, and deleting the language that is struck through.
SEC. 11.36 HIGHWAY BUSINESS ZONE (B-1)
Subd. 3. Conditional Uses.
Y. self storage facilities, subject to the following conditions:
1. shall not allow maintenance of any vehicles on site, except.within a
building;
2. shall have a security system adequate to limit access to persons
renting a storage site;
3. shall screen all storage;
4. shall be screened from all public right-of-way. and residentially
zoned land, with an opaque fence, wall or berm not to exceed eight
(8) feet in height, constructed of new materials (chain link with slats
is not an acceptable screening material), and maintained in good
condition;
5. exterior storage shall be allowed, provided that it shall have a
maximum area equal to the combined footprint of the principal
and accessory buildings;
6. shall not be located closer than 1000 feet to any residential zone;
and
7. shall be surfaced entirely with asphalt, concrete, or Class 5
aggregate.
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held
the day of ,2005.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2005.
STAGE COACH STORAGE
5526 Malibu Drive
Edina, MN 55436
Phone: (952) 210-3377
November 8, 2004
Mr. Mark Noble
Planner
129 Holmes Street South
Shakopee, MN 55379
Dear Mr. Noble: Re: Text Amendment
Stage Coach Storage (LLC.) desires to build storage units on a vacant piece of property located at 961 &
931 Stage Coach Road. The owners of the property will have a vested interest in the project. Stage Coach
Storage is asking the City of Shakopee to pass a Text Amendment for this site, which would allow Stage
Coach Storage to receive a conditional Use Permit allowing us to build a storage facility in a B 1 district
Included inthis package is a check for $500 (Application Fee), answers to questions 14, 21 and 22 under
Zoning Te>..1. Amendment. along with photos of the site and surrounding properties.
Question 1. - Current legal descriptions of all parcels
property ID 27"351003"0
Lot 3
Block 1
Plat # 27351
Plat Name Plat - 27351 Stage Coach Business Center
Section 12
Township 115
Range 022
Deeded Acres 1.36
Legal SECT-12 TWP-1l5 RNG-022
L Address 961 Stage Coach Road
Property ill 27-351002-0
Lot 2
Block 1
Plat # 27351
Plat Name Plat - 27351 Stage Coach Business Center
Section 12
Township 115
Range 022
Deeded Acres 1.87
Legal SECT"12 TWP-1l5 RNG"()22
Address 931 Stage Coach Road
Question 14. _ If proposing an amendment to the text of the Zoning Ordinance, which provision?
. Section 11.36 Sub Division 3 (Self Storage Facility/E>..1erior Storage)
Question 21. - Please provide any additional information that would be helpful for the Board of
Adjustment and Appeals or Planning Commission when reviewing this request:
. Storage companies interest in site
. This project will not require City water. The City has determined that it would not be
financially feasible to operate City water in this area.
. <. Storage Centers fulfill needs within the community. There were approximately 1,087
new dwelling units in 2003, almost doubling the amount of units that were built in 2002.
. Storage Centers fulfill the need to store other personal goods, freeing garages to allow
cars to pm inside and off street.
. Apartments, townhouses and affordable housing often have little onsite storage
generating a need for secure offsite storage.
. Storage Centers generate little traffic, about the equivalent of a residential cul-de-sac.
Accordingly, they place little stress on traffic patterns.
. Storage Centers place little stress on community setvices. Current security technologies
mean few Police or emergency calls.
. Storage Centers place little stress on infrastructure. There is little use of water, sanitary
sewer, or electric utilities.
. Storage Centers are quiet, accordingly they are good neighbors.
. The site in question is adjacent to existing industrial uses with exterior storage.
. Often exterior storage ofRVs and boats is not pennitted, or if permitted, is discouraged
within communities. To comply with the. ordinance restrictions, residents must have a
place to store them. These vehicles are significant investments, residents need assurance
the storage location is secure, convenient and nearby.
. The site in question has limited utility infrastructure available, limiting its development.
. A Storage Center is one of the few uses possible for this site, would fit well and benefit
the community in this location. Taxes. . .
. . .
Question 22. - Does the request meet the criteria necessary to grant approval?
. Conditions will be added to assume compliance.
If you lmve any questions, yOll can reach me at (952)-210-3377 or Paul Selle at 612-366-7473.
Sincere y,
Leonard Hovde /
CEO/President
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SHAKOPEE ........ Shakopee Boundary
CoMMUNrrY PR1DESINCE 1851 S c=J zoning Boundary
c=J parcel Boundary
Zoning Text Amendment to 81
Zone Uses
http://gis.logis.org/shakopee/locationrnap/map.asp ?ti tle=Zoning+ T ext+ Amendment+to+... 11/18/2004