Item Coversheet

9.B.2.


Shakopee City Council
May 18, 2021


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Annexation and Rezoning of property to Agricultural Preservation (AG) Zone
Policy/Action Requested:
(Two separate actions/votes):
1.  Approve Resolution No. R2021-073, a resolution approving the annexation of property.

2. Adopt Ordinance No. O2021-014, an Ordinance approving the rezoning of property from Agricultural Preservation (AG) Zone.
Recommendation:
The Planning Commission reviewed this project at their May 6, 2021 meeting, and by a 5-0 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:
LaTour Farms, LP (c/o John LaTour), property owner & applicant, have requested the following:
1.  an annexation of property within Jackson Township (PID 06-9150032);
2. the rezoning of that 91.34-acre parcel from Urban Business Reserve (UBR) to Agricultural Preservation (AG) Zone;

The property is located east of Hwy. 169, north of CR 78, and west of CR 69/Old Brick Yard Road (see attached Site Aerial). This property is adjacent to land recently annexed into the City (Roger and Phyllis Theis property). The area proposed in the annexation is presently zoned UBR in Scott County (Urban Business Reserve). This property is guided in the 2040 Comp Plan as Mixed Employment Center, which is comparable to business park and light industry zoning. A number of companies are interested in developing this property, but the specific use/zoning/platting is not yet defined; therefore, the property owner is proposing AG zoning until development better defines the final plan.

This application request is consistent with the Orderly Annexation Agreement (OAA) approved between Jackson Township and the City. Should this annexation be approved, other conditions identified within this OAA document will be applied (i.e., municipal reimbursement, etc.).

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). Zoning this property to AG Zone is consistent with past rezonings of newly annexed properties in the interim until a final development plan is defined.

Shakopee Public Utilities (SPU) shared that there are no existing water facilities nearby to serve this property at this time. Planned facilities will have to be added for the property to develop. This property is located outside SPU's electric service territory at this time. After annexation is complete, SPU will have to take action to acquire the electric service territory rights.
Budget Impact:
Per the Orderly Annexation Agreement, the City will pay Jackson Township seven year of Township taxes per the formula in the Agreement.
ATTACHMENTS:
Description
Resolution No. R2021-073
Ordinance No. O2021-014
Legal Description
Site Aerial