HomeMy WebLinkAbout14.B. Comp Plan Amendment and Rezoning Request for Gene Juergens-Ord. No. 711-Res. No. 6097
CITY OF SHAKOPEE 11,5.,
Memorandum
CASE NO.: 04-060
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Reguide Property from High Density
Residential to Medium Density Residential, and Rezone Property from
Multiple-Family Residential (R-3) Zone to Medium-Density Residential
(R-2) Zone.
MEETING DATE: August 17, 2004
REVIEW PERIOD: June 25, 2004 - October 22, 2004
INTRODUCTION
Gene Juergens has submitted an ~pplication for a Comprehensive Plan Amendment from High
Density Residential guiding to Medium-Density Residential guiding. The subject site is located at
the southeast corner of the 4th Avenue/Roundhouse Street intersection (Exhibit A). The site
presently has a single-family residence on it. This property is presently surrounded by
townhomes on all sides, with some vacant industrial land located northeast ofthe site.
The applicant has also submitted an application for a rezoning to the Medium Density
Residential (R-2) Zone. If both of these requests are approved, he will then submit an
application for a Conditional Use Permit (CUP) to allow multiple structures on a lot. The
proposal is to construct six (6) twin homes on the property in addition to retaining the existing
single-family home. Existing accessory buildings would be removed, and a private drive will be
constructed with access off Roundhouse Street.
CONSIDERATIONS
Planning staff have noted that the applicant proposes to construct 12 new units in addition to the
existing residence. Based on the property size, the proposed density would be consistent with the
R-2 Zone design standards.
The proposed rezoning is not presently consistent with the adopted land use plan which guides it
"high density residential". However, the proposed project would decrease the density allowed at
this site, which is desirable to the adjacent properties and would still in effect be a compatible
land use pattern with the adjoining multiple-family residential areas.
Other staff were provided the opportunity to provide comments regarding this application. The
City Finance Department has commented that there are several assessments for projects that must
be paid. The applicant is aware of the assessments and will address them at time of closing.
Shakopee Public Utilities commented that the existing house has water service from 4th Avenue
water main. The proposed twin home development shall be served from a looped 6" water main
to be installed by the developer.
ALTERNATIVES
1. Approve Ordinance No. 711, an ordinance approving the request to rezone the same
property from Multiple-Family Residential (R-3) Zone to Medium-Density Residential (R.,
2) Zone; and approve Resolution No. 6097, a resolution approving the request to reguide
the subject property from High Density Residential to Medium Density Residential.
2. Deny the request to the request to reguide the subject property from High Density
Residential to Medium Density Residential, and the request to rezone the same property
from Multiple-Family Residential (R-3) Zone to Medium-Density Residential (R-2) Zone,
and direct staff to prepare findings for adoption at the Council's meeting of September 7,
2004.
3. Table the matter and request additional information.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed this request at their August 5, 2004 meeting, and by a 4-0 vote,
they recommended approval of the request. There was testimony, largely in the form of questions,
from adjacent residents. The August 5, 2004 staff report to the Commission is attached for the
Council's information.
ACTION REQUESTED
Offer and approve a motion to adopt Ordinance No. 711, an ordinance approving the request to
rezone the same property from Multiple-Family Residential (R-3) Zone to Medium-Density
Residential (R-2) Zone; and offer and approve a motion to adopt Resolution No. 6097, a resolution
approving the request to reguide the subject property from High Density Residentialto Medium
Density Residential. ~
--.
Planner I
G:Cc\2004\08~17\ comp pIn amnd - juergens.doc
ORDINANCE NO. 711, 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 4TH A VENUE AND EAST OF
ROUNDHOUSE STREET FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONE
TO MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
WHEREAS, Gene Juergens, applicant and property owner, has requested the rezoning of
land from Multiple-Family Residential (R-3) Zone to Medium-Density Residential (R-2) Zone;
and
WHEREAS, the subject property is legally described as follows:
That part of the East 5/8 of the North Half of the Southeast Quarter of Section 6, Township 115,
Range 22, Scott County, Minnesota, described asfollows:
Beginning at a point in the north line of said Southeast Quarter distant 1310.46 feet west of the
northeast corner thereof; thence North 89 degrees 42 minutes 52 seconds East, assumed basis
for bearings, along said north line 149.44 feet; thence South 54 degrees 42 minutes 15 seconds
east 210.35 feet; thence South 19 degrees 35 minutes 59 seconds East 294. 16feet; thence South
89 degrees 42 minutes 52 seconds West 416.54 feet; thence North 0 degrees 28 minutes 02
seconds West 400.00 feet to the point of beginning, Scott County, Minnesota; and.
WHEREAS, notices were. duly sent and posted, and a public hearing was held before the
Planning Commission on August 5, 2004, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission, on August 5, 2004, recommended approval of
the rezoning request; and
WHEREAS, the City Council heard the matter at its meeting of August 17, 2004, and
found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the
City within which it is located.
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 #1 The original zoning ordinance is not in error.
Finding #2 Significant changes in community goals and policies have not taken place.
Finding #3 Development of the subject property for a medium density residential
development will be consistent with desired development patterns for this area of
the City.
Finding #4 The requested zoning is consistent with the amended Comprehensive Plan land
use map.
Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Multiple-Family Residential (R-3) Zone to
Medium-Density Residential (R-2) Zone.
Section 2 - 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.
RESOLUTION NO. 6097
A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO
AMEND THE COMPREHENSIVE PLAN TO GUIDE CERTAIN PROPERTY FOR
MEDIUM DENSITY RESIDENTIAL DEVELOPMENT
WHEREAS, Gene Juergens, applicant and property owner, has requested the guiding of
property for medium density residential development for the legally described property listed
below; and
WHEREAS, the subject property is legally described as follows:
That part of the East 5/8 of the North Half of the Southeast Quarter of Section 6, Township 115,
Range 22, Scott County, Minnesota, described asfollows:
Beginning at a point in the north line of said Southeast Quarter distant 1310.46 feet west of the
northeast corner thereof;. thence North 89 degrees 42 minutes 52 seconds East, assumed basis
for bearings, along said north line 149.44 feet; thence South 54 degrees 42 minutes 15 seconds
east 210.35 feet; thence South 19 degrees 35 minutes 59 seconds East 294. 16feet; thence South
89 degrees 42 minutes 52 seconds West 416.54 feet; thence North 0 degrees 28 minutes 02
seconds West 400.00 feet to the point of beginning, Scott County, Minnesota; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on August 5, 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 August 17,2004; 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 current Comprehensive Plan is not in error, but reflects the one-
time proposed use of the subject property.
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 that suggest the use of this site for medium density
residential development more desirable than high density residential
development.
BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by
re-guiding the subject property for medium density residential development is hereby approved.
Passed in regular session of the City Council of the City of Shako pee, Minnesota held this
day of ,2004.
Mayor of the City of Shako pee
Attest: ,
Judith S. Cox, City Clerk
~
CITY OF SHAKOPEE
Memorandum
CASE NO.: 04-060
TO: Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Comprehensive Plan Amendment to Reguide Property from High Density
Residential to Medium Density Residential, and Rezone Property from
Multiple-Family Residential (R-3) Zone to Medium-Density Residential
(R-2) Zone.
MEETING DATE: August 5, 2004
REVIEW PERIOD: June 25, 2004 to October 22, 2004
Site Information
Applicant Gene Juergens
Location: Southeast Corner of 4th Avenue & Roundhouse Street
Existing Zoning: Multiple-Family Residential (R-3) Zone
Proposed Zoning: Medium,.Density Residential (R-2) Zone
Adjacent Zoning: North: Multiple-Family Residential (R-3) Zone/ Light fudustry (I-I) Zone
South: Multiple-Family Residential (R-3) Zone
West Multiple-Family Residential (R-3) Zone
East: Multiple-Family Residential (R-3) Zone
Compo Plan: High Density Residential
Acreage: 2.88 Acres
MUSA: The site is within the MUSA boundary.
Attachments: Exhibit A: Zoning/Location Map
Exhibit B: Site Plan
Exhibit C: Applicant Narrative
INTRODUCTION
Gene Juergens has submitted an application for a Comprehensive Plan Amendment from High
Density Residential guiding to Medium-Density Residential guiding. The subject site is located at
the southeast corner of the 4th Avenue/Roundhouse Street intersection (Exhibit A). The site
presently has a single-family residence on it. This property is presently surrounded by
townhomes on all sides, with some vacant industrial land located northeast of the site.
The applicant has also submitted an application for a rezoning to the Medium Density
Residential (R-2) Zope, If both of these requests are approved, he will then submit an
application for a Conditional Use Pennit (CUP) to allow multiple structures on a lot. The
proposal is to construct six (6) twin homes on the property in addition to retaining the existing
single-family home. Existing accessory buildings would be removed, and a private drive will be
constructed with access off Roundhouse Street.
CONSIDERATIONS
The City's Comprehensive Plan sets basic policies to guidethe 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 proposed rezoning is not presently consistent with the adopted land use plan which guides it
"high density residential". However, the proposed project would decrease the density allowed at
this site, which is desirable to the adjacent properties and would still in effect be a compatible
land use pattern with the adjoining multiple-family residential areas. Based on these findings,
staff recommends that the Commission recommend approval of the Comprehensive Plan
Amendment request. Copies of the land use plans and the Zoning Ordinance are available for
viewing at City Hall and will be made available at the August 5, 2004 meeting.
Other staff were provided the opportunity to provide comments regarding this application. The
City Finance Department has commented that there are several assessments for projects that must
be paid. The applicant is aware of the assessments and will address them at time of closing.
Shakopee Public Utilities commented that the existing house has water service from 4th Avenue
water main. The proposed twin home development shall be served from a looped 6" water main
to be installed by the developer.
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. Staffhas provided Criteria 1 - 3 for the Commission's review and discussion.
Criteria #1 That the adopted Comprehensive Plan is in error;
The current Comprehensive Plan is not in error, but reflects the one-time proposed use of the
subject property.
Criteria #2 That significant changes in community goals and policies have taken place;
Significant changes have not occurred in community goals and policies.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred.
Significant changes have occurred in neighborhood development patterns. This type of
development is more desirable to the neighborhood than larger structures with a greater density
of residential units.
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 Medium-Density Residential (R-2) is not
consistent with the adopted Comprehensive Plan, but the proposed project density
and type of structures would be consistent with the desires of the neighborhood.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The comprehensive plan does not require a different provision.
ALTERNATIVES
1. Recommend to the City Council the approval of the request to reguide the subject property
from High Density Residential to Medium Density Residential, and to rezone the same
property from Multiple-Family Residential (R-3) to Medium-Density Residential (R-2)
Zone.
2. Recommend denial by the City Council of the request to reguide the subject property from
High Density Residential to Medium Density Residential, and the request to rezone the
same property from Multiple-Family Residential (R-3) to Medium-Density Residential (R-
2) Zone.
3. Continue the public hearing and request additional information from the applicant or staff.
4. Close the public hearing, buttable the matter and request additional information.
STAFF RECOMMENDATION
Staff recommends Alternative No.1, recommend to the City Council the approval of the request to
reguide the subject property from High Density Residential to Medium Density Residential and to
rezone the same property from Multiple-Family Residential (R-3) to Medium-Density Residential
(R-2) Zone.
ACTION REQUESTED
Offer and approve a motion consistent with the wishes of the Commission.
G:BOAA-PC\2004\08-05\comp pIn amnd -juergens,doc
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GENE JUERGENS
2231 S. Hillside Dr. ,
Shakopee, MN 55379
June 23, 2004
City of Shako pee
129 Holmes St. S.
Shakopee, MN 55379
RE: Rezoning Request
Dear City of Shako pee Officials:
I am requesting the zoning at 1426 4dl Ave. E. (PID 279060282) be changed from R-3 Multiple Family Residential to R-2
Medium Density Residential.
The 2.9 acre lot is currently occupied a one single family home. I am proposing to leave the existing home, add 6 twin homes,
and put it all under one crc plat. Because twin homes are not allowed under the R-3 zoning, I am requesting this change.
We believe the proposed change is in compliance with the Comprehensive Plan. The four criteria for amendments to the
Zoning Ordinance will be addressed below.
1. The original zoning ordinance is not in error.
2. Significant changes in cOlmnunity goals and policies have not taken place.
3. Significant changes in City-wide or neighborhood development patterns have occurred. The adjacent lands are
occupied by a mix of multiple family, single, family, and light industrial. We believe twin homes would better fit
the site, while providing the need for a variety of home choices in the area, which is consistent with the
development patterns.
4. The comprehensive plan does not appear to require a different position.
Because at least one of the criteria has been met, I believe this application does constitute a change in the zoning map.
Sincerely,
Gene Juergens