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HomeMy WebLinkAbout15.C.3. Comp Plan Amendment for MUSA Extension and Rezoning-Res. No. 6056-Ord. No. 707 > IS,C, 3 , CITY OF SHAKOPEE Memorandum Honorable Mayor and City Council CONSENT TO: - ".11' i,\ ,.. Mark McNeill, City Administrator Gregg V oxland, Acting City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Tollefson Development for extension ofMUSAand rezoning of property to Urban Residential (R-1B) MEETING DATE: June 1, 2004 INTRODUCTION: On May 18, 2004 the Council directed staff to prepare a resolution approving Tollefson's request for the extension of Metropolitan Urban Service Area (MUSA) to 162 acres ofland that has been annexed into the City of Shako pee from Jackson Township, and the zoning of said property to Urban Residential (R-1B). ALTERNATIVES: 1. Offer and approve Res. No. 6056, a resolution of the City of Shakopee approving a request to extend MUSA to 163 acres, and Ord. No. 707 zoning said 163 to Urban Residential (R-1B). 2. Offer and approve Res. No. 6056, a resolution of the City of Shakopee approving a request to extend MUSA to 163 acres, and Ord. No. 707 zoning said 163 to Urban Residential (R-1B), with revisions. 3. Do not approve Res. No. 6056, a resolution of the City of Shakopee approving a request to extend MUSA to 163 acres, and Ord. No. 707 zoning said 163 to Urban Residential (R-IB). 4. Table the matter for additional information. ACTION REQUESTED: Offer and approve Res. No. 6056, a resolution of the City of Shakopee approving a request to extend MUSA to 163 acres, and Ord. No. 707 zoning said 163 to Urban Residential (R-IB). p4~' " '~;~7. //~/~~/- R. Michael Leek Community Development Director ORDINANCE NO. 707, 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 WEST OF CSAH 79 TO URBAN RESIDENTIAL (R-1B) ZONE WHEREAS, Tollefson Development, applicants and property owners, have requested the zoning of 163 acres of land previously annexed from Jackson Township to Urban Residential (R-IB) Zone; and WHEREAS, the subject property is legally described as found on ExhibitA accompanying this ordinance: WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on March 18, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter atits meetings on April 6th and May 18, 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 1999 Comprehensive Plan Update is not in error; Finding No.2: Significant changes in community goals and policies have not 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, notably the annexation of the subject property into the city limits, that suggest the use ofthis site for low and medium density residential development in the requested configuration and location is desirable. Finding No.4: The Comprehensive Plan does not require a different provISIOn. , 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-IB) 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, Milmesota 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. .' Exhibit A Tollefson Property (purchased from School District) PID: 6,9130024 Area Parcel A (school property survey): 20.73 Acres Parcel A That part of the Southwest Qu.arter of the Northeast Quarter of Section 13, To'WIlShip 115, Range 23, Scott COlmty, Minnesota, together 'With that part of the North Half of the Southeast Qup,rter of the Northeast Quarter of said Section 13, which lies northerly of me following described line; Beginning at the northeast comer of said North Half of the Southeast Quarter of the Northeast Quarter; thence westerly to a point on the west line of said Southwest Quarter of the Northeast Quarter distant 175.81 feet south of the northwest comer of said Southwest Quarter of the Northeast Quarter and said line there terminating. Except that part thereof contained within Minnesota Deparrment of Transportation Right.,of':' W ay Plat No. 70-20 as on file and of record in the office of the County Recorder. AND Together with. that part of the Northeast Quarter of the Northeast Quarter of said Section 13 which lies southerly of the follo-wing described line; Commenc.illg at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence along the east line thereof;, South 02 de~ees 07 minutes 07 seconds E~ assumed basis of , bearings, a distance of 755.00 feet to the point of beginning of the line to be descn'bed; thence South 81 degrees 52 minutes 53 seconds West 1348.00 feet to a point on the west line of said Northeast Quarter of the Northeast Quarter, distant thereon 906.50 feet southerly of the northwest comer thereof, and there terminating; Except that part thereof contained within Minnesota Department of Transponation Right-<lf- Way Plat No. 70-20 as on file and of record in the office of the County Recorder. r;';qi;SF!lJfi~ ~Md~ s ~A<";~~ t:=J'u I ij & .~~- Tollefson Property (purchased from TheislBauer) PTIO: 279130790.279120590,,279130750 Area Parcell + Parce12 (TheisfBauer Survey): 74.22 Acres Pa.rcel 1 All that part of the Northwest Quarter of the Nonheast Quarter of Section 13, Township 115, Range 231 Scott County, Minnesota lying southerly and easterly of Minnesota Department of Transportation Right-of.Way Plat No. 70-3 as on tile and of record in the office of County Recorder. .AND . All that part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 11S~ Range 23, Scott County, lv.fin:tIesota lying southerly and westerly of Minnesota Departmetlt of Transportation Right--of-Way Plat No. 70.2 as on fiIeand of record in the office of the County Recorder and northerly of the following described line; commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter, thence on an assumed bearing of South along the east line thereof a distance of 1010.71 feet to the point of beginning; thence North 87 degrees 31 minutes 06 seconds West parallel with the north line thereof a distance of 1350.53 feet to the west line of said Northeast Quarter and there terminating. ParcelZ Thai part of the Northeast Quarter of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, which lies northerly of the following desoribed line; Commencing at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence along the east line thereo~ South 02 degrees 07 minutes 07 seconds East, assumed basis of bearings, a distance of 755.00 feet to the point of beginning of the line to be described; thence South 87 degrees 52 minutes 53 seconds West 1348.40 feet to a point on the west line of said Northeast Quarter of the Northeast Quarter, distance thereon 906.50 feet southerly of the northwest corner thereof, and there terminating; Except that part thereof contained with Minnesota Department of Transportation Right-of-Way Plat No. 70-20 as on file and of record in the office of the County Recor:der. ~ AQfl;>S G.A~A - ",.. r; 0,:;:'.-" ,,=~r"'.s.'=8) I;......: .j;~~ ~ _. . lr"t~~~. 0 . . ',"~-=.1 Property Description ErlandsoDiShakopee Valley Training Farm (under purchase agreement) Areas: Parcel A - 5.00 acres Parcel B - 5,0 acres Parcel C ~ 47.74 acres PID: Parcel A - 279130740 Parcel B - 279130770 .. Parcel C - 279130740 Parcel A That part of tho Enat Ona-half of tho Northwo.t Quarter of Soction 13, Town.hip 115. Ranga 23, Scott County, MinnasotR, described a. fol1ov8s Beginning at a point on th- Ennt Una of !laid Eallt Ono-hnlf of the Northwe.t Quarter dbtant 1145.71 foat S"uth of , tho Northaattt cornar tharco!; than co Walt at right anglo.. to ..aid ElI.t Una . diatAllca of 1.31. 29 faad thanco South paraUal with .Aid Ra.t Una a di..tanca of 505.00 loot; thane. l~aKt I\t ril)ht anglcIS a dhtancQ of 431.19 faat to laid E4at Hna, thanca Korth alona .AieS En~t lin~ a dihtQnCO or 505.00 taat to tho poInt of boginning. Excepting therefrom that part platted in Minnesota Department of Transportation Right of Way platNUIIlher 70-2. Parcel B That part of the East one-half of the Northwest Quarter of Section 13, Township 115, Range 23, Scott county, Minnesota described 3S follows: Beginning at a point on the East line of said East one-haIf of the Northwest Quarter distant 1050.71 feet South of the Northeast corner thereof; thence South along said East line a distance of 95.00 feet; thence West at right angles to said East line a. distance of 43 1.20 feet; thence South parallel with said East line a distance of 505.00 feet; thence West at right angles a distance of 294.71 feet; thence North paxallel with said East line a distance of 600.00 feet; thence East at right angles a distance of726.00 feet to the point of begiJ:ming- Excepting there from that pat! platted in :Minnesota Department of Transportatioll Right ofWrq:y Plat Number 70-2. Parcel C - That part of the Northeast Quarter (NE Y4) of the Southwest Quarter (SW ~) of Section 13, Township 115 North, ~ge 23, Scott County, Minnesota7 lying Northerly of the :plat of Fox. Meadow Estates. AND -'--~f~~~ ~@~S ~.",=~ .~. ""~'\i'-"- 0'" ,;~.,.,="" "r"" .. ,.;J~ ~ -.~':"",. \ ~ ~~:;-~ That part of the East half of the Northwest Quarter (E ~ NW~) of Section 13~ Township 115, Range 23, Scott County~ Minnesota described f3 follows: Beginoing at a.ppoint on the east line of said East half of the Northwest Quarter, distant 1010.71 feet south of the northeast corner; thence south along said east line a distance of 40.00 feet; thence west.at right angles a distance of 720.00 feet; thence south at right angles a distallce of 600.00 feet; thence east at right angles a distance of 726.00 feet to $aid east line; thence south along said east line a distance of 1110.52 feet more or less to the southeast comer; thence northerly along the west line of said East HaIf of the Northwest Quarter a distance of 1709.22 feet more or less to is i:.atersection with a line draw.n westerly and parallel with the north line of said East Half of the Northwest Quarter from the point ofbegin:ning; thence easterly along said parallel line a distance of 1350.53 feet.to the point ofbeginning. Excepting therefrom tha.t part platted in Minnesota Department of Transportation Right of Way Plat Number 70~2. A cl@~s ~O~~~ '- :" ::.::::::;:: :: ';l ~fi'@!S' 0 => 11" ;=It,,-::'':l ",=,::..'.:i:;:::;!. . tI:'~~l- !) . :r ._--' VOXLAND PROPERTY DESCRIPTION (under purchase agreement) ,Area.: 10 acres PIC>: 69130062 Pro1>erty Descript1o~ That part of the Southwest Quarter of the Northwest Quarter of Section 13, TO'WIlship 11 S, Range 23, Scott County, !Y.finne.sota, descnoed as follows: Beginning at a point in the west line of said Northwest Quartet' 130.82 feet north of the southwest comer thereof; thence North 0 degrees 00 minutes 00 seconds East , assumed basis for bearings, along said west line, 326.50 feet; thence North 90 degrees 00 minutes 00 seconds East 1335.85 feet to the east line ofsaid Southwest Quaner of the Northwest Quarter, thence South 0 degrees 35 minutes 36 seconds West, along said east line 326.52 feet; thence South 90 degrees 00 minutes 00 seconds West 1332.46 feet to the point ofbeginning. " -. 'r: 1L: ~~'@~@f S ~1~~:;B .::::- .:.!:;~~:~. ~~.. V~:J ~ ..&-=~ RESOLUTION NO. 6056 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO AMEND THE 1999 COMPREHENSIVE PLAN UPDATE TO EXTEND MUSA TO THE CERTAIN PROPERTY LOCATED SOUTH OF STH 169 AND WEST OF CSAH 79 WHEREAS, Tollefson Development, applicant and property owner has requested the extension of MUS A to certain; and WHEREAS, the subject property is legally described as attached on Exhibit A; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on March 18, 2003, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meetings on April 6th and May 18, 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; Comprehensive Plan Finding No.1: The 1999 Comprehensive Plan Update is not in error; Finding No.2: Significant changes in community goals and policies have not 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 extension of MUS A, and the use of this site for a mixture of housing at low residential densities is desirable. BE IT FURTHER RESOLVED, that the request to amend the 1999 Comprehensive Plan Update extending the MUSA boundary is hereby approved. G: \C<r\2004\06-0 1 \TOLLEFSONRESN06056.doc 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 G:\CQ\2004\06-0 1 \TOLLEFSONRESN06056.doc .. Exhibit A Tonefson Property (purchased from School District) PID: 29130024 Area Parcel A (school pTOperty survey): 20.73 Acres Parcel A. That part of the Southwest Quarter oftbe Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, together with that part of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 13, which lies northerly of me following described line: Beginning at the northeast comer of said North Half of the Southeast Quarter of the Northeast Quarter; thence westerly to a point on the west line of said Southwest Quarter of the Northeast Quarter distant 175.81 feet south of the northwest comer of said Southwest Quarter of the Northeast Quarter and said line there terminating. Except tha.t part thereof contained within :Minnesota Department of Transportation Right..()f- W ay Plat No. 70-20 as on :file and ef:reeord in the office of the County Recorder. AND Together with that part of the Northeast Quarter of the Northeast Quarter of said Section 13 which lies southerly of me fOllo-wing described line; Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence along the east line thereo~ South 02 degrees 07 minutes 01 seconds E~ assumed basis of bearings, a distance of 155.00 feet to the point of beginning of the line to be descn'bed; thence South 87 degrees S2 mintrtes 53 seconds West 1348.00 feet'to a point on the west line of said Northeast Quarter of the Northeast Quarter, distant thereon 906.50 feet southerly of the north.west comer th~eof, a:ad there terminating; Except that part \hereof contained within Minnesota Department of Transportatian Right-<lf- Way Plat No. 70-20 as on file and of record in the office of the County Recorder. [XHISlr~~glP'A~~S ~AG~~ Tollefson Property (purchased from TbeisIBauer) PID: 279130790,279120590" 279130750 Area Parcell + Parce12 (TheisfBauer Sun-'ey):7 4.22 Acres Parcel 1 All that part of the NoIthwest Quarter of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota lying southerly and easterly of Minnesota Department of Transportation Right-oi-Way Plat No. 70-3 as on file and of record in the office of County Recorder. AND . All that pan of the Northeast Quarter of the Northwest Quarter of Section 13, Township I lS~ Range 23, Scott County, :Minnesota lying southerly and westerly of Minnesota Department of Transportation Right-of-Way Plat No. 10..2 as on file and of record in the office of the Cou.n.ty Recorder and northerly of the following described line; commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence on an assumed bearing of South along the east line thereof a distance of 1010.71 feet to the point of beginning; thence Nortll 87 degrees .31 minutes 06 seconds West parallel with the north line thereof a distance of 13S0.53 feet to the west line of said Northeast Quarter and there terminating, Parcel 2 That part of the Northeast Quarter of the Northeast Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota, which lies northerly of the following desCTibed line; CommenciD.g at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence along the east line thereo~ South 02 degrees 07 minutes 07 seconds East, assumed basis of bearings, a distance of7S5.00 feet to the point of beginning of the line to be described; thence South 87 degrees 52 minutes 53 seconds West 1348.40 feet to a point on the west line of said Northeast Quarter of the Northeast Quarter, distance thereon 906,50 feet southerly of the northwest corner thereof, .md there terminating; Except that part thereof cODtained with Mimlesota Department of Transportation Riglrt.of- Way Plat No. 70-20 as on file and ofteconi in the office of the County Recorder. ~ eQ~..5J~p.,,"~ - .", . \! ~t~ ,- '", .. . 913.:.2:) ~"'.: ';;Q~ ~ - .. :=C~f IJ /I .;:;;<'~ :Property Description ErlandsonlShakopee Valley Training Farm (under purchase agreement) Areas; Parcel A- 5.00 acres Parcel B - S.O acres Parcel C - 47.74 acres PID: ParcelA-279130740 Parcel B - 27913077Q Parcel C - 279130740 -----AtIr .. Parcel A That part of the E~dt Ona-half of tha Northwe.t QU4rter of Section 13, Town.hip 115. Ranga 23, Scott County, Minncsotn, described a. follove: Beginning at a poine on the En"t l1no of daid Eadt Ono-halt of tho Northwa.t Quarter didtant 1145.71 faat Bautb of tho Nort!laQttt corner charoo!; thanca Wa.t at right angl08 to .dd E4.C Una" diatADca of 431.29 faati than co South parallal with .aid E4at Una 41 dlecanca of 505.00 faae; theflc. I~a"t ~t riBht anglclI a dhcanca of 431.29 faat to .aid East 11no; thonco Norch Glona .Aid l~nHt 1 inc.l a dbtnnco or 505.00 faat to tho point ot baglnnlng. Excepting therefrom that part platted in Minnesota Department of Transportation Right of Way Plat Nutnber 70-2. Parcel B That pmoftbe East one.-halfofthe Northwest Quarter of Section 13, Tawnship 115, Range 23, Scott COU!l.ty, Minnesota described as follows; Beginning at a point on the East line of said East one--half of the Northwest Quarter distant 1050.71 feet South of the Northeast comer thereof; thence South along said East line a distance of 95.00 feet; thence West at right angles to said East line a distance of 431.20 feet; thence South parallel with said East line a distance of 505.00 feet; thence West at right angles a distance of294,71 feet; thence North pa:ra11el with said East line a distance of 600,00 feet; thence East at right angles a distance of726.00 feet to the point of begU:m.iDg- Excepting there from that part platted in :Mionesota Department of Tr:mSPOrtatiOIl Right ofW'J.Y Plat Number 70-2. Parcel C ~- That part of the Northeast Quarter (NE ~) of the Southwest Quarter (SW ~) of Section 13, Township 115 North, Range 23, Scott County, MiDnesotar lying Northerly of the :plat of Fox Meadow Estates, AND -'- -~ ","r.\""~@P- S ~,; "'.,,~ -,.-;- - ~PI;':;:S"'''' 'JIf' ='","";C2) ,~"""",. u "" ~.'''''.... , That part of the East half' oftb.e Northwest Quarter (E ~ NW ~) of Section 13~ Township 115, Range 23, Scott County, .Minnesota described as follows: Begjtlo'ine at appoint On the east line of said East:half of the Northwest Quarter) distant 1010.71 feet south of the northeast comer; thence south along said east line a distance of 40.00 feet; thence west at right angles a distance of 720.00 feet; thence south at right angles a cUstmce of 600.00 feet; thence east at right angles a distance of 726.00 feet to $aid east .line; thence south along said east line a distance of 1110.52 rut more or less to the southeast comer; thence Ilortherly along the west line of said East Half of the Northwest Quarter a distance of 1709.22 feet more or less to is intersection willi a line draw.n westerly and parallel with the north line of said East Half of the Northwest Quarter from the point of beginning; thence easterly alo.Ilg said parallel line a. distance of 1350.53 feet to the point ofbeginning. Excepting therefrom that part platted in Minnesota Departm.ent of Transportation Right of Way Pla.t Number 70A2. A cl-..,S g~~~?- ~~ :.~ .~~;<~:: \; ~ffi@~ @,'" ,.,. "'l'=;'::"<) l,j.;:'~\S1 ____ u__.!"......- VOXLAND PROPERTY DESCRIPTION (under purchase agreement) Area: 10 acres Pro: 69130062 Property' Descriptior; 'That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, !v!innesota, described as follows: Beginning at a point in the west tine of said Northwest Quarter 130.82 feet north of the southwest comer thereof; thence North. 0 degrees 00 IIlinutes 00 seconds East , assumed basis for bearings, along said west line, 326.50 feet; thence North 90 degrees 00 minutes 00 seconds East 1335.85 feet to the east line of said Southwest Quarter of the Northwest Quarter, thence South 0 degrees 35 minutes 36 seconds West, along said east llile 326.52 feet; thence South 90 degrees 00 minutes 00 seconds West 1332.46 feet to the point ofbeginning. - ~. ~f16~'~@::irgf. S 1P<',~=':l . 'i..:ir: - j~~,~I?' 0 -=--- :r\l-.:-::=":J ..:-......... .i,:... _