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Home My WebLink About14.D. Comp Plan Amendment to Extend MUSA, and Zoning of Urban Residential (R-1B) Zone-Res. No. 6178-Ord. No. 722 I~O " , CITY OF SHAKOPEE Memorandum CASE NO.: 05-005 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Comprehensive Plan Amendment to extend MUS A, and Zoning Amendment to Establish Zoning of Urban Residential (R-IB) Zone MEETING DATE: January 18, 2005 REVIEW PERIOD: November 24, 2004 - March 24, 2005 INTRODUCTION: ISD 720 has made application to establish zoning on property recently annexed from Jackson Township, as well as, extend MUSA to the property. The property is located south of Highway 169 and west of Townline Road. The property is approximately 99 acres in size. Please see Exhibit A. The proposed zoning is consistent with the adopted land use plan. The land use plan guides this property for single family residential development. AL TERNATIVES: 1. Approve Ordinance No. 722, an ordinance approving the request to zone property to Urban Residential (R-IB) Zone. 2. Approve Resolution No. 6178, a resolution approving the request to extend MUSA to the subject property. 3. Deny the request to zone property to Urban Residential (R-IB) Zone. 4. Deny the request to extend MUSA to the subject property. 5. Table the matter and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its January 6, 2005 meeting, and by unanimous vote recommended approval of the MUSA extension request and recommended approval of the zoning request. The Planning Commission staffreport is attached for the Council's information. Resolution No. 6178, a resolution approving the MUSA request, and Ordinance No. 722, an ordinance approving the zoning request, based on the Planning Commission's recommendations, are attached for the Council's review and consideration. ACTION REQUESTED: Offer and approve motions to approve Ordinance No. 722 and Resolution No. 6178 (Alternative Nos. 1 and 2), and move their adoption. kYkmL- Planner II g:\cc\2005\O 1-18\rezmusaisd720.doc , Shakopee - Location Maps Page 1 of 1 &XH I BIT' A )/ --- ~ -~ R-1B ~1~ RIB ~U --~.<( \ - ~ N _ Subject Property W"E SHAKOPEE . ....... Shakopee Boundary COMMUNrfYPRIDESlNCE 1857 S CJ Zoning Boundary o Parcel Boundary Establishing Zoning of Urban Residential (R1B) Zone on Recently Annexed Land http://gis.logis.org/ shakopee/locationmap/map.asp ?title= Estab lishing+ Zoning+of+ Urban... 11/2412004 ORDINANCE NO. 722, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEe. 11.03 BY ZONING LAND GENERALLY LOCATED SOUTH OF HIGHWAY 169 AND WEST OF TOWNLINE ROAD TO URBAN RESIDENTIAL (R-1B) ZONE WHEREAS, ISD 720, applicant and property owner has requested the zoning of property to Urban Residential (R-IB) Zone; and WHEREAS, the subject property is legally described as attached on Exhibit 1; 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 Shakopee hereby adopts the following findings of facts relative to the above-named request: Finding No. I: The original Zoning Ordinance is not in error. City zoning was not established on this property because it was not under the jurisdiction of the City of Shakopee. Now that the property has been annexed, zoning needs to be established. Finding No.2: Significant changes in community goals and policies have not taken place that mandate the requested zoning classification. Finding No.3: Significant changes in neighborhood development patterns have occurred in that the City has annexed property from Jackson Township and development of the property is imminent. Finding No.4: The requested zoning will be consistent with the approved Comprehensive Plan land use map. BE IT FURTHER RESOLVED, that the request to zone the property 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. RESOLUTION NO. 6178 '-~cii'A:'RESOLutIONLOF THE CITY OF SHAKOPEE APPROVING A REQUEST TO EXTEND MUSA WHEREAS, ISD 720, applicant and property owner, has requested the extension ofthe MUSA boundary to the property; and WHEREAS, the subject property is legally described as attached on Exhibit 1; 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 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 ofthe 2000 Comprehensive/ Land Use Plan, single faIllily 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 extending MUSA to the property 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 E"XHIB/f 1 I I 1 ,i LEGAL DESCRIPTION: j , That patt of the Southwest Quatter of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, and of the North Half of the Southeast Quarter of the Northeast Quatter of said S,?ction 13, lying southerly of the following described line: ,. ." ,~;I;:.~:!!~g;if.ln.ing.~~Jhe northeaSlcomerofs?-i4 }\is>rth Half of the Southeast Quarter of," - the Northeast Quarter; thence westerly to a.poinf on the west line "of said"""~'~':;'~' Southwest Quarter of the Northeast Qualter, distant 175.81 feet south of the northwest comer of said Southwest Quarter of the Northwest Quarter, and said line there terminating; Together with the South Half of the Southeast Quarter of the Northeast Quarter of said Section 13; Together with that part of the N()1thwest Quarter of the Southeast Quatter of said Section 13 which lies northerly of the following described line: Commencing at the southwest comer of the West Half of said Southeast Quarter; thence along the west line thereof, North 02 degrees 20 minutes 10 seconds west, assumed basis of bearings, a distance of 2003.07 feet to the point of beginning of the line to be described; thence North 87 degrees 36 minutes 00 seconds East 952.94 feet to the northwest corner of the south 780.00 feet of the east 390.92 feet of said Northwest QUlllter of the Southeast Quarter; thence South 98 degrees 36 minutes 54 seconds East 392.21 feet to the northeast comet" of said south 780.00 feet of the east 390.93 feet, and there tenninating; Excepting therefrom the following described parcel previously conveyed in Doc. No. 363111: Beginning at the northwest corner of Lot 1, Block 2, SOUTHVlEWHEIGHTS, Scott County, Minnesota; thence South 89 degrees 31 minutes 37 seconds West, plot bearing. along the westerly ex.tension of the north line of said Lot 1, a distance of 50.00 feet to the west line of said Northwest Quarter of the Southeast Quarter; thence North 00 degrees 24 minutes 05 seconds [West] along said west line a distance of 54. t 9 feet; thence South 86 degrees 49 minutes 10 seconds [East] a distance of 415.69 feet to the intersection with the northerly extension of the easterly line of said Lot l. Block 2; thence South 09 degrees 49 minutes 05 seconds East along said northerly extension of the easterly line a distance of 28.00 feet to the nOltheast corner of said LoU; thence westerly along the north line of said Lot 1, a distance of 368.97 feet to the point of beginning. Subject to roads. ' . PARCEL AREA: 4,127,241, square feet (94.7484 acres), including area contained within road easements ;-.. ."" .~.- ~..:~.J,I;; 1 ,-;: _.. ..,'. ,J'_<,;,~__:,1,~ . s dP9 CITY OF SHAKOPEE Memorandum CASE NO.: 05-005 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Rezoning - Establish Zoning of Urban Residential (R-IB) Zone MEETING DATE: January 6, 2005 REVIEW PERIOD: November 24, 2004 -March 24, 2005 Site Information Applicant: ISD 720 Property Owner: ISD 720 Location: South ofHwy 169, East of Koeper Avenue, West ofCSAH 79 Existing Zoning: Property was recently annexed from Jackson Township Proposed Zoning: Urban Residential (R -IB) Zone Adjacent Zoning: North: Urban Residential (R-IB) Zone South: Jackson Township West: Urban Residential (R-1B) Zone East: Urban Residential (R-IB) Zone Compo Plan: Single Family Residential MUSA: The site is NOT within the MUSA boundary. INTRODUCTION ISD 720 has submitted an application to establish zoning on property recently annexed from Jackson Township. The property is 98.78 acres in size and is west of Townline Road. Please see Exhibit A. The applicant is requesting that the property be zoned Urban Residential (R-IB). The Comprehensive Plan designates this property for single family residential development. The property directly to the north, east, and west of the subject site are currently zoned Urban Residential (R-1B). The properties to the north and west are proposed for development as part of the application for preliminary plat approval of Countryside, currently under review by the City. The property to the east is currently under construction as the Westchester subdivision. The applicant has not yet requested that the Metropolitan Urban Service Area (MUSA) be extended to serve the site. Staff anticipates that the applicant will be making this request prior to submittal/review of the necessary Conditional Use Permit (CUP) application for the use of the property as a school facility. CONSIDERATIONS The City's Comprehensive Plan sets basic policies to guide the development of the City. The purp9se 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 ofthe 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 zoning is consistent with the adopted land use plan. Refer to Section 11.28 (Urban Residential Zone) for a listing ofthe uses, both permitted and conditional, which are allowed in this zone. Copies of the land use plans and the Zoning Ordinance are available for viewing at City Hall and will be made available at the January 6,2005, meeting. Other staffwere provided the opportunity to provide comments regarding this application. No adverse comments concerning the rezoning request were received by planning staff. 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. City zoning was not established on this property because it was not under the jurisdiction of the City of Shako pee. Now that the property has been annexed, zoning needs to be established. 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 that mandate the requested zoning classification. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant. changes in development patterns have occurred in that the City has annexed property from Jackson Township and development of the property is imminent. 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 zone the subject property Urban Residential (R-IB) Zone. 2. Do not recommend to the City Council the approval of the request to zone the subject property to Urban Residential (R-IB). 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.1; recommend to the City Council the approval ofthe request to zone the subject property 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 zone the subject property to Urban Residential (R-1B) Zone. g:\boaa-pc\2005\O 1-06\rezisd720.doc Shakopee - Location Maps Page 1 of 1 ~XHIBlr It RIB RIB ~ N ~ Subject Property W.E SHAKOPEE sr ........ Shakopee Boundary COMMUN1TYPIUOE SINCE 1851 S [:=J zoning Boundary D Parcel Boundary Establishing Zoning of Urban Residential (R1B) Zone on Recently Annexed Land http://gis.logis.org/shakopee/locationmap/map.asp?ti tle= Establishing+ Zoning+of+ Urban... 11/24/2004