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HomeMy WebLinkAbout14.C. Comp Plan Amendment Rezoning and Request for MUSA-Res. No. 6057-Ord. No. 708 CITY OF SHAKOPEE Ii, e I Memorandum CASE NO.: 04-037 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I 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-1B) Zone MEETING DATE: June 1,2004 REVIEW PERIOD: April 9, 2004 - August 6, 2004 INTRODUCTION: Brad Gonyea, Gonyea Land Co., 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 Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone. The property is located north of V alley View Road and west of CSAH 83/Canterbury Road (Exhibit A). The property is approximately 38 acres, with the very southwest comer of the property located in MUSA and guided Single-Family Residential (a 2 acre+/- portion located southwest of the former railroad line). The, City Council has expressed an interest in and has provided a directive to form a strategic planning effort. It has also been discussed 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, this makes it somewhat difficult for staff to formulate specific recommendations on such requests. The City has also been working to complete its Comprehensive Plan Update which is intended to identify land uses for the entire city as well as some areas currently in the township. This Comprehensive Plan Update is presently in the review process with the Planning Commission and City Council. City Engineering Department has provided a memorandum that addresses issues pertaining to the proposed development (Exhibit C). The memo notes that Valley View Road adjacent to this property will be paved later this year, that sewer and water will be available to this property after the improvements within Park Meadows (development directly to the west) is complete, and that the trunk sanitary sewer would have to be extended from the east side of County Road 83 just south of County Road 16. If approved, they recommend that a temporary lift station be required, that the developer will be responsible for all costs associated with operating and maintaining the lift station, and that the developer will be responsible for all costs associated with removing the lift station and connecting to the gravity trunk sanitary sewer when it becomes available. The City Clerk has commented that based on the fact that the Council is presently reviewing a Comprehensive Plan Update and conducting a strategic planning effort, the appropriate action on this item would be to wait until these studies are complete and adopted. ALTERNATIVES: 1. Approve the request to extend MUSA to the balance ofthe subject property, to re-guide to single-family residential that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone. 2. Deny the request to extend MUSA to the balance of the subject property, to re-guide to single- family residential that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone. 3. Table the matter and request additional information from the applicant and/or staff STAFF RECOMMENDATION: 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; and because there are significant infrastructure issues regarding serving the entire parcel with sanitary sewer, at this time staff is not making a specific recommendation of approval of the request to extend MUSA to the balance of the subj ect property, to re-guide to single-family residential that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone to Urban Residential (R-IB) Zone. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at their May 20, 2004 meeting, and spent considerable time discussing MUSA allocation, storm water issues and sanitary service issues. By a 6-1 vote (Willard dissenting), the Commission recommended approval of the MUSA extension request; and by a 7-0 vote, the Commission recommended approval of both the reguiding and rezoning requests. The Planning Commission staff report is attached for the Council's information. Resolution No. 6057, a resolution approving the MUSA and Reguiding requests, and Ordinance No. 708, an ordinance approving the rezoning, based on the Planning Commission's recommendations, are attached for the Council's review and consideration. ACTION REQUESTED: Offer and approve motions consistent with the City Council's wishes. g: \cc\2004\06-0 1 \reguide-rezonegonyea.doc RESOLUTION NO. 6057 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND THE COMPREHENSIVE PLAN TO GUIDE CERTAIN PROPERTY FOR SINGLE FAMILY RESIDENTIAL AND EXTEND MUSA TO THE PROPERTY WHEREAS, Gonyea Land Company, applicant, and Harold & Roberta Schneider and Deutsch Family Limited Partnership, property owners, have requested the guiding of property to single family residential and the extension of MUS A to the property; and WHEREAS, the subject property is legally described as the Southeast Quarter of the Southwest Quarter of Section 16, 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 May 20, 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 June 1,2004; 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 Comprehensive Plan is not in error. Finding No.2: Significant changes in community goals and policies have taken place that would require or suggest that the subject property be re- guided as requested. Finding No.3: Significant changes in City wide or neighborhood development patterns have occurred that suggest the use of this site for single family residential development is desirable. BE IT FURTHER RESOLVED, that the request to amend the Comprehensive Plan by re-guiding the subject property to single family residential development and extension of the MUSA boundary 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 Shakopee Attest: , Judith S. Cox, City Clerk ORDINANCE NO. 708 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL PRESERVATION (AG) ZONE TO URBAN RESIDENTIAL (R-IB) ZONE WHEREAS, Gonyea Land Company, applicant, and Harold & Roberta Schneider and Deutsch Family Limited Partnership, property owners, have requested the rezoning of property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone; and WHEREAS, the subject property is legally described as the Southeast Quarter ofthe Southwest Quarter of Section 16, 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 May20, 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 June 1,2004; 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 taken place that would require or suggest that the subject property be re- zoned as requested. Finding No. 3: Significant changes in City wide or neighborhood development patterns have occurred that suggest the use of this site for single family residential development is desirable. Finding No.4: The Comprehensive Plan, as recently approved, does not require a different provision. BE IT FURTHER RESOLVED, that the request to rezone the property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone 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 Shakopee Attest: , Judith S. Cox, City Clerk . " qtl CITY OF SHAKOPEE Memorandum CASE NO.: 04-037 TO: Shakopee Planning Commission FROM: Mark Noble, Planner I 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-1B) Zone MEETING DATE: May 22, 2004 REVIEW PERIOD: April 9, 2004 - August 6, 2004 Site Information: Applicant: Brad Gonyea, Gonyea Land Co. Property Owner: Deutsch Family Limited PartnershiplHarold & Roberta Schneider Location: North of V alley View Road and west of CSAH 83/CanterburyRoad Adjacent Zoning: North: Agricultural Preservation (AG) Zone South: Rural Residential (RR) Zone East: Agricultural Preservation (AG) Zone West: Urban Residential (R-IB) Zone Acreage: 40 Acres MUSA: The site is primarily outside the MUSA Boundary Attachments: Exhibit A: Location & Zoning Map Exhibit B: Applicant's Maps Exhibit C: City Engineering Memorandum INTRODUCTION: Brad Gonyea, Gonyea Land Co" 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 Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone. The property is located north of Valley View Road and west ofCSAH 83/Canterbury Road (Exhibit A). The property is approximately 40 acres, with the very southwest corner of the property located in MUSA and guided Single-Family Residential (that portion located southwest of the former railroad line). The property presently is used for agricultural purposes and is predominantly flat, with the exception for the southwest corner of the property, which is higher in elevation and has a small wooded area along the former railroad line. Please refer to Sections 11.22 and 11.28 ofthe City Code for the regulations of the AG and R-1B zones. With the current Comprehensive/Land Use Plan, the MUSA line in this area was drawn along the line of the former railroad bed. As a result, a small comer of this property ended up being within the MUSA area, while the majority of the parcel is outside the MUSAarea. In addition, this property ended up being guided for one land use where the property fell within the MUSA line, and another (less intense) use outside the MUSA line. 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 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 City Council has expressed an interest in and has provided a directive to form a strategic planning effort. It has also been discussed 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 and the proposed Countryside development west ofCSAH 79, this makes'it somewhat difficult for staffto formulate specific recommendations on such requests The City has also been working to complete its Comprehensive Plan Update which is intended to identify land uses for the entire city as well as some areas currently in the township. The Comprehensive Plan Update is presently in the review process with the Planning Commission and City Council. Shakopee Public Utilities (SPU) has provided a memorandum that requests the applicant contact them concerning specific requirements for street lighting, water and electrical service. City Engineering Department has provided a memorandum that addresses issues pertaining to the proposed development (Exhibit C). The memo notes that Valley View Road adjacent to this property will be paved later this year, that sewer and water will be available to this property after the improvements within Park Meadows (development directly to the west) is complete, and that the trunk sanitary sewer would have to be extended from the east side of County Road 83 just south of County Road 16. If approved, they recommend that a temporary lift station be required, that the developer will be responsible for all costs associated with operating and maintaining the lift station, and that the developer will be responsible for all costs associated with removing the lift station and connecting to the gravity trunk sanitary sewer when it becomes available. The City Clerk has commented that based on the fact that the Council is presently reviewing a Comprehensive Plan Update and conducting a strategic planning effort, the appropriate action on this item would be to waH until th~se ~t1Jdies are complete and adopted. Based on the comments addressed above, staff believes that the applications for MUSA extension, reguiding and rezoning of this property may be premature. If the Commission were to recommend approval, staff recommends that the developer work with staff on issues relating to sanitary sewer service, storm water detention, Valley View Road access and any necessary easements as they relate to this development, prior to submittal of preliminary plat application. 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. 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 City Council. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 Zoning of the subject property to Urban Residential (R-l B) is not consistent with the adopted Comprehensive Plan, but will be consistent with the Comprehensive- Plan Update if adopted by the City Council. ALTERNATIVES: 1. Recommend to the City Cqunci! the approval ofthe request to extend MUSA to the balance ofthe subject property, to re-guide to single-family residential that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) 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 that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone. to Urban Residential (R -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. STAFF RECOMMENDATION: 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; and because there are significant infrastructure issues regarding serving the entire parcel with sanitary sewer, at this time staff is not making a specific recommendation of approval of the request to extend MUSA to the balance of the subj ect property, to re-guide to single-family residential that portion now guided rural residential, and to rezone the same property from Agricultural Preservation (AG) Zone to Urban Residential (R-1B) Zone. ACTION REQUESTED: Offer and approve a motion to make a recommendation to the City Council consistent with the Planning Commission's wishes. ~J;l Mark Noble · . 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AgriwltureP.rese:vatioo ", :1: ..'to';;' (f : .; t ' SIIlSC land Proposed to bl' placed into l' ~ .. i;, '. .p~i --- --. ;! R'q>osedZwiD.g:RlB- UrbllllResiclmtial OS . 'j' &' I I: i ' ';'" ' . -------1,. " . ':--t----. ,_," "1 . . . ~,_ . 01 I ", i (~; , " .. _..,.._....,_W~mmICK,l'tu. . :', lP ! . i : ;..O\i Information ob1Jdned from the City orShakopee Zoninll Map -May2003, and subseqnent approvals. oJ ..... vJ" E')(~\ b \,.. c... CITY OF SHAKOPEE Memoralldum TO: Mark Noble, Planner I FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Comp Plan Amendment, Rezoning from AG to RIB and MUSA Expansion PID NO: 27-916007-0 and 27-916014-0 CASE NO: 04037 DATE: May 11, 2004 The application indicates a Comp Plan amendment, rezoning from AG to RIB and expansion ofMUSA. After'reviewing the above referenced application, we have the following comments for the Planning Department: . Valley View Road, adjacent to this parcel, will be upgraded from a rural section with a gravel surface to a 44-foot wide urban section later this year. . Sewer and water will be available to this parcel after the improvements within the Park Meadows plat are complete. However, the sewer extended as part of the Park Meadows improvements is not deep enough to serve the entire parcel. . In order to serve this parcel with gravity sewer, the City needs to extend a trunk sanitary sewer along C.R. 83. The trunk sanitary sewer is currently located on the east side of C.R. 83 and will be extended to the south property line of the Church Addition, as part of the Church Addition improvements. Additional easements will be required before the sewer can be extended any further to the south. It is beneficial for the City to extend the sewer, as property develops, to avoid purchasing easements. . If MUSA is extended to this parcel and development occurs prior to the extension of the trunk sanitary sewer along C.R. 83, a temporary lift station will be required. The developer will be responsible for all costs associated operating and maintaining the lift station. The developer will also be responsible for all costs associated with removing the lift station and connecting to gravity sewer when it becomes available. Jeff Weyandt Assistant City Engineer ESG R1EM PLOY EEFOLDE RiP A TPiWORD/MUSAEXP A;-.iS ION ~~ ___-~ -/ I Q{ 'ijiN' --=-- --_. ..",- r~ .. "" '_'_-- . \ l . ..... ~ ~ _ - ~" J .' "", "".,.-: --. '. ~:':;"" ~~..:.~ I I "'~ /' ..... ..' . , ...J~?'~ · .,....... . . . . -.z. '"'~"':J I"" . of ~:i'! DEVELoPMEmMAP '~ '. ,g . .' . . I I f I . Dublin Monarch Square Estates Elementary. Q i:\-O~ a ,., o<f'(.~ School ~ ~ tP \~ on.'O ~,.,. I ark ~ \\ ~ s\.\.~ .i>-~' Jr..............- 0 \ :)q/I~~ ""'" \, ~. """r'i't......l, I _ - 'If tj("':7<i: 7JJJ..~ . _ '1 " . 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""X::"'/ - -I-- = - - '\ - '\ > . '-. ,., l ,; /,>... - -I-- _ - --1 . = , l L_ l . 7 '\ ..' '1n - --m....~ ",., .1 - \, /:::,::$ - '. / '-/1 \"'" /ll!.lIJJlIIIIMJ/d:v,,,......,...........c ',,'" ". r I' - ---I m_",. - ,-_."" - .. - . .~,. "'" ...~. l ~, I . " .1 I ! '-<>".. j I I ' "- '... I . I I '\\ I I . , ; t ...... ...... I . I I i '<" --, . i '. , . I I I I .,...,;: I f---3 +-- -n I ~ -. ( - ..'...... I I " I I -"" I 111 J, Ii '...."'__r...- Copyright 'DScott County 2002 "11 I I 011 " , t165f Existing and Proposed Guide Plan Map SUBJECT PROPERTY Land Use Designations Currently Guided: C::=J Residential pue IlBJ Pari< - Rural Residential EJ Rural Resiclential r::i:~:<1 OpenSpace CJ Single Family Residential I==:J Entertainment Proposed Guiding: IiIII Meclium Density Residential I::;: :::1 Elcisting Resiclential in Jackson Township - Single Family Residential .. High Density Residential ~ Mining Overlay lIB Planned Residelltial ~ Neighbort1ood Commercial c=J Property Owned by the Mdewakanton Sioux Community L,',::iiiJ OIIice /'../ Current MUSA Boundary 11II Commercial Business Pari< . . · . ... Proposed MUSA Expansion Areas Obtained from: .. Ugh! Inausttial - MajOrRDads LAND USE PLAN .. Heavy Industrial Comprehensive Plan .,;'"""-,,,.,"", City Boundary City of Shako pee, Minnesota .. lnstitulional Last Updated: March II, 2004 ~ SHAKOPEE ................,..,.P:otrr.<:n.n...... Zoning Map I Zoning Districts i --- . i _ AG .Agl'kuJtutal PnlServatioD I I RR _ Rural Resldontial I I--~,,-~ RIA - Low Donsity Residential i I R1S-UrbanReSjdll'ntial " i R2. - Medium Density Rllsidential i . : _ R3 - Multiplo.Family Residential .~ ' i. _,' I - me -Old Shakopee RosldenUal ItN 1- - . i ~ ", 'f PRO - Planned Resldontial DistrIct ,"I j~,,-,,; H"" ' ;1::, ~?1Td CC" Community Commercial -''------!I'~, "', " _ B1-Hi!lhWlIyBuslness i~' _ B2-0fficeBusiness , f:... _ _ 83 - ClIntl'tll BuslllOllS ,. :~n~ ~ l' _ SP. Business Park -;....-' , , .. , l - - I 11" L1ghtlndustrial _..._~_...~ .... '._.~.__::::I-....'~_'~ """'":"" _____{. o- j i : 12 - Heavy Industrial 1 i I \:~~'" j i i "" ! '\'",,:../ \- ; I MR-MajorRecrealloll ___"',,_ ',' '.' ,----" i,,-,-J SUBJECT PROPERTY ShallopeeMdowakanton Sioux Communlty . i ! ." SMSC Land in Trust -. ! 1 :B'esent1y Zened: AG - AgrialllurePreservatien " " I SMSC land ProposIHS to be pla&ild inlo 1''''st -" i ;, I :B'qlOsedZenmg:RlB. Ui:b811Residwtial iLJ~i ~Ji<' ~ +- 1 .. ' ' I" i I j l..~1\ i Information obtlllned li'om the City or Shakopee ZoDlna Map - MayZIlO3, RDd ...lIseqaent approvals.