Item Coversheet

11.B.1.


Shakopee City Council
AprilĀ 20, 2021


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Annexation and Zoning/Rezoning of property to Light Industry (I-1) Zone
Policy/Action Requested:

(Two separate actions/votes)
1. Approve Resolution No. R2021-061, approving the annexation of property from Jackson Township.

2. Adopt Ordinance No. O2021-009, approving the zoning of the annexed property to Light Industry (I-1) Zone, & rezoning of property at 1725 3rd Avenue West from Highway Business (B-1) Zone to Light Industry (I-1) Zone.


Recommendation:

Planning Commission Recommendation

The Planning Commission reviewed this project at their April 8, 2021 meeting, and by a 7-0 vote, recommended the City Council approve the Annexation and Rezoning requests, subject to compliance with the conditions noted in the attached Resolution and Ordinance.

Discussion:

Lon Carnahan, CityWide Insulation, property owner & applicant, has requested the following:

1. Annexation of property within Jackson Township (PID 06-0120010);

2. Zoning of that .34-acre parcel to Light Industry (I-1) Zone;

3. Rezoning of property at 1725 3rd Avenue West (that part of Tract A, RLS No. 99, PID: 27-111002-0 as described on the attached Certificate of Survey, located within the City) from Highway Business (B-1) Zone to Light Industry (I-1) Zone.

The property in question is located off 3rd Avenue West, west of Old Brick Yard Rd/CH69. The area proposed in the annexation is 14,920 square feet (0.34 acres) that is presently zoned UBR in Scott County (Urban Business Reserve). Since that portion of his property is outside the City limits, the building can't be expanded. 

 

With annexation and zoning approval, this will square up the property and allow expansion of the building/business. The rezoning of the existing property will allow for the expansion consistent with City Code design and performance standards. 

 

The current use is non-conforming in the B-1 Zone, but would be conforming in the I-1 Zone. The property is currently one parcel but is split with a portion being located in Jackson Township and a portion being located within the City of Shakopee.

The application is consistent with requirements of the Orderly Annexation Agreement (OAA). Should this annexation be approved, other conditions identified within this OAA document shall be applied (i.e., municipal reimbursement)

Considerations

 
The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists:

1. The original zoning ordinance is in error.
2. Significant changes in goals in community goals and policies have taken place.
3. Significant changes in city-wide or neighborhood development patterns have occurred.
4. The comprehensive plan requires another provision.

Staff believes revising the zoning for this property meets more than one of the criteria. The current zoning of the annexation 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 Business Reserve (UBR). The rezoning of his existing property would bring his site in to compliance with the Comprehensive Plan and Zoning requirements.

Staff reviewing this project have provided the following comments for the applicant:
1. Sanitary sewer, Comcast, & City Water are not currently available to the property. Contact the appropriate utility service provider to discuss connection needs.
2. Redevelopment of the site will require payment of applicable city fees.
3. Provide the city with copies of all public and private utility easements, cross access easements or other easements/agreements that currently exist for the property.


Budget Impact:
Per the Orderly Annexation Agreement, the City must pay Jackson Township seven years of the city portion of the property taxes for this property (0.34 acres).
ATTACHMENTS:
Description
Resolution No. R2021-061
Ordinance No. O2021-009
Certificate of Survey
Site Aerial
Engineering Memo