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Home My WebLink About14.C. Establish Zoning of Urban Residential (R-1B) -Ord. No. 717 CITY OF SHAKOPEE /tf,C, Memorandum ....... CASE NO.: 04-107 COf~Sf~lr TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner IT SUBJECT: Establish Zoning of Urban Residential (R-IB) Zone MEETING DATE: December 21,2004 REVIEW PERIOD: October 28, 2004 - February 25, 2005 INTRODUCTION: Tollefson Development and Greg Powers have made application to establish zoning on property recently annexed into the City from Jackson Township. The property is located west of Marystown Road and south of Highway 169 (please see Exhibit A). The property is 9.5 acres in size and is included in the proposed Countryside development currently being reviewed by the City. The proposed zoning is consistent with the adopted land use plan. The land use plan guides this property for single family residential development. ALTERNATIVES: 1. Approve the request to zone the property to Urban Residential (R-IB) Zone. 2. Deny the request to zone the property to Urban Residential (R-IB) Zone. 3. Table the matter and request additional information .from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its December 9, 2004 meeting. Bya unanimous vote the Commission recommended approval of the zoning request. The Planning Commission staff report is attached for the Council's information. g:\cc\2004\12-21 \rezpowers.doc ORDINANCE NO. 717, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY ZONING LAND GENERALLY LOCATED SOUTH OF STH 169 AND EAST OF CSAH 15 TO URBAN RESIDENTIAL (R-IB) ZONE WHEREAS, Tollefson Development, applicant, and Greg Powers, property owner, have requested the zoning of 9.5 acres of land previously annexed from Jackson Township to Urban Residential (R-IB) Zone; and WHEREAS, the subject property is legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, described as follows: Beginning at.a point in the west line of said Northwest Quarter 457. 32feet north of the southwest corner thereof; thence continuing North 1 degree 1 minute 25 seconds West, assumed basis for bearings, along said west line, 325.68 feet; thence North 88 degrees 58 minutes 35 seconds East 1339.26 feet to the east line ofsaid Southwest Quarter of the Northwest Quarter; thence South 0 degrees 25 minutes 53 seconds East, along said East line, 325.70 feet; thence South 88 degrees 58 minutes 35 seconds West 1335.89 feet to the point of beginning, EXCEPT that part beginning at a point in the west line of said Northwest Quarter 719.36 feet north of the southwest corner thereof; thence continuing North 1 degree 1 minute 25 seconds West, assumed basis for bearings, along said west line, 63.64 feet;. thence North 88 degrees 58 minutes 35 seconds East a distance of 350.00 feet; thence South 1 degree 1 minute 25 seconds East, parallel with the said West line a distance of 65.54 feet; thence South 89 degrees 17 minutes 12 seconds West a distance of 350.01 feet to the said West line; and. WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on December 9,2004, 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 December 21,2004; and 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 No.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. 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 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. Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by zoning the property referenced herein Urban Residential (R-1B) Zone. Section 3 - 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 , 2004. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of ,2004. ft~ CITY OFSHAKOPEE Memorandum CASE NO.: 04-107 TO: Shakopee Planning Commission FROM: Julie Klima, Planner IT SUBJECT: Rezoning - Establish Zoning of Urban Residential (R-1B) Zone MEETING DATE: December 9, 2004 REVIEW PERIOD: October 28, 2004 -February 25, 2005 Site Information Applicant: Tollefson Development Property Owner: Greg Powers Location: 12321 MarystownRoad Existing Zoning: Property was recently annexed from Jackson Township Proposed Zoning: Urban Residential (R-1B) Zone Adjacent Zoning: North: Zoning not established South: Urban Residential (R-1B) Zone West: Jackson Township East: Urban Residential (R-1B) Zone Compo Plan: Single Family Residential MUSA: The site is NOT within the MUSA boundary. INTRODUCTION Tollefson Development has submitted an application to establish zoning on property recently annexed from Jackson Township. The property is 9.5 acres in size and is adjacent to Marystown 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 south and east ofthe subject site is currently zoned Urban Residential (R- IB). Those properties and the subject site are proposed for development as part ofthe application for preliminary plat approval of Countryside, currently under review by the City. CONSIDERATIONS The City's Comprehensive 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 10clitioIl 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 zoning is consistent with the adopted land use plan. Refer to Section 11.28 (Urban Residential Zone) for a listing of the 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 December 9,2004. Other staff were provided the opportunity to provide comments regarding this application. No adverse comments concerning the rezoning request were received by planning staff. Shakopee Public Utilities commented that water and electric services are available, subject to their standard terms and conditions, and that the applicant should contact them for specific requirements. 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 ofthe request to zone the subject property Urban Residential (R-IB) Zone. 2. Do not recommend to the City Council the approval ofthe 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 andrequest additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1; recommend to the City Council the approval of the 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-IB) Zone. " ~ g:\boaa-pc\2004\ 12-09\rezpowers.doc ~//JB,r A -&lB .i;i ~ ~ l$. ~ RIB ~ ~ ~ - j ~ N ~ subject Property .- SHAKOPEE w-li> E ...... ShakoPee Boundary COMMUNrrYPRlDESLNCE 18S7 S o Zoning Boundary D Parcel Boundary Zoning of Property to be known as Countryside, a development by Tollefson Development Developers 1\1I Land Investment IIli1 Property Managers l?Xff IBIT B October 27,2004 City of Shakopee 129 Holmes St S Shakopee, MN 55379 Re: Greg Powers Rezoning Dear City of Shakcipee- Tollefson Development is requesting the rezoning of property legally described on Exhibit A. The purpose of the request is to develop the property as part of the Countryside residential community. The property will allow the extension of 17th Ave to County RD 15. The propelty is 9.5 acres in size and is located off of Marystown Rd. . TIle property has been officially annexed by the City of Shakopee from Jackson Township. The proposed rezoning for the land would be Urban Residential Zone (R-IB). The land to the east and and south of this property are currently zoned Urban Residential Zone (R- IB). This property is a natural continuation of the growth in the area. There are adequate transpOltation and utility systems in place to serve this project This rezoning request meets the City of Shako pee's development criteria based on the following: l. There is a significant change in neighborhood development pattems to the east ofthis property. The proposed land use for this property is a natural continuation of the neighborhood and growth pattern. 2. The property was recently annexed and needs a zoning designation consistent with it's comprehensive landuse designation. Services are available to this property allowing development. 3. Property to the east and south are cuurenlty zoned R -1 B. 4. The extension of 1 ih Ave through this property suppOlis Scott County's long range transportation plan for 1 ih Ave. 5. Development of this property and the extension of 1 ih Ave supports Independent School District 720's vision for a new secondary and grade school in the area. 17271I<enyon Ave., Suite #103 . Lakeville, MN 55044 · Phone (952) 435-1010. FAX (952) 435-1020 Email - info@tdi-l11l1.com www.tdi-mn.com Please let me know what other infonnation I can provide. Tollefson Development looks forward to working with the City of Shako pee on the development of the highest and best use for this property. Sincerely, ew eiland,. Proj ect Manager Tollefson Development ..--...--...--.-.-.-.--------...----...--.-.---'j , i Tollefson Development - Greg Powers Zoning Request 1 9.5 Acres .1 R-1 B Zoning j .j .; , . ..___c......._..... ..... ......_.....__ ........._..._....... ........... .....,.. "''-;']<'"~'''~':..''-'' .-.0. ..__..... ..,_..,-.d_~ " \- - <~ __._.__._________........_\...-.m ...... ....... ..... .~I.:.:.:=-.;v;/....- ) ~~ 12 acres townhomes .___M_._.~____.__~_._____"~ 16 acres commercial ! 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