Item Coversheet

9.B.1.


Shakopee City Council
JuneĀ 2, 2020


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Annexation of Shakopee Public Schools Property and Zoning to Rural Residential (RR) District
Policy/Action Requested:
Approve Resolution No. R2020-064, a Resolution annexing the property from Jackson Township pursuant to an existing orderly annexation agreement, and approved Ordinance No. O2020-004, an ordinance approving the zoning to Rural Residential Zone, and move its adoption.
Recommendation:
The Planning Commission recommended approval of the applicant’s request by a 7-0 vote at their May 21, 2020 meeting.
Discussion:

Michael Redmond, Shakopee Public Schools Superintendent, has submitted an application requesting the annexation of an approximately 88-acre parcel located at the southwest corner of County Road 78 and County Road 79; and to zone the property as Rural Residential (RR) District. Mr. Redmond shared that the annexation into the City of Shakopee has a number of benefits for the school district in terms of both immediate uses and long term planning.

The zoning is being done in conjunction with the annexation to avoid creating an un-zoned parcel of land within the City of Shakopee.

 

Annexation Discussion
Currently the property is used as an athletic field complex (approx. 14 sports fields for soccer, lacrosse, etc.). There are no immediate plans for any other use of this property, but the school district does reference this area as a future building site, so they are being proactive in having their property annexed from Jackson Township into the City of Shakopee. There is one parcel to the west of this site that the district would like annexed as well; however, that parcel is surrounded by Jackson Township property and State Statute Chapter 414 states that condition renders that parcel ineligible for annexation at this time.

The property, while presently located outside the city, is within the area identified in the approved Orderly Annexation Agreement (OAA) between the City and Jackson Township (attached). The requirement for consideration of annexation states that for a property owner initiated annexation the subject property needs to abut with Shakopee’s municipal boundary and that shared border needs to be at least 50 lineal feet. The subject property meets this requirement as its entire east boundary line is adjacent to City of Shakopee land.

 

Current zoning of the property is covered by the Scott County Zoning ordinance and per the annexation process, this zoning designation remains until changed and approved by the City. The parcel is currently zoned Urban Expansion Reserve (UER); the zoning will align the parcel with an appropriate City zoning designation with the use as an athletic field complex consistent with both that zoning and the guiding.

 

 

Staff did receive a letter of objection submitted on behalf of Jackson Township by Timothy J. Keane. That letter is attached to this report. Staff have reviewed Mr. Keane’s letter, but believe that the application request is consistent with the OAA, highlighted by the following sections:
• Page 5, Section II, #4. (Property owner petition)
• Page 5, Section II, #6. (2nd sentence & the last two sentences, particularly the last sentence as it applies to the language on page 8, #9)
• Page 8, Section II, #9. (reference to City -initiated annexation). This request was not City initiated.

 

Jackson Township in the past also objected to the Shakopee Veterinary Clinic annexation, but that objection was reviewed and dismissed by the State Administrative Law Judge, stating that the request was valid as the property was deemed contiguous to City of Shakopee and was submitted by the property owner, consistent with the adopted Orderly Annexation Agreement.

Staff, the applicant and outside agencies have spent time reviewing this submittal, and there do not appear to be any significant issues with this annexation/zoning request. The applicant is directed to contact City Engineering staff regarding improvements/documents that should be provided as part of this annexation (see attached City Engineering Memo dated April 29, 2020), and contact SPUC should there be a need for municipal water service in the future for this site.

Zoning Considerations

The City Council may grant a zoning ordinance amendment subject to the condition that the publishing of the draft ordinance is contingent on the Minnesota Office of Administrative Hearings approval of the annexation.


Budget Impact:
N/A
ATTACHMENTS:
Description
Resolution No. R2020-064
Ordinance No. O2020-004
Site Survey
Legal Description
Site Aerial
Applicant Narrative
Engineering Memo
SPUC Memo
Keane Letter of Objection
Orderly Annexation Agreement