Approve the requested action.

Alan & Betty Mjolsnes, property owners, & Travis Mjolsnes, applicant, have requested the following:
1. an annexation of property within Jackson Township (PID 06-915012-0);
2. the rezoning of that 15.73-acre parcel from Urban Expansion Reserve District (UER) to Agricultural Preservation (AG) Zone;

The property in question is located east of Emery Way, north of CSAH 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 (LaTour Farms, LP property adjacent to the north). The area proposed in the annexation is presently zoned UER in Scott County (Urban Expansion Reserve). This property is guided Mixed Employment Center for the northwest 1/3 of the parcel, which is comparable to business park and light industry zoning, with the southeast 2/3 of the parcel guided Mixed Residential. There are no specific plans for development of this property at this time, but with the recent annexation of the land adjacent to the north, the property owners believe these two parcels are best developed concurrently; therefore, they have submitted this request at this time. With the specific use/zoning/platting not yet defined, the property owner is proposing AG zoning until development better defines the final plan.

The applicant has commented that they would like to begin the process of having their land be annexed by the city of Shakopee as it has become an area ideal for additional development. They believe that being included in the city’s long term development plans makes the most sense for the piece of property. They have been approached by multiple parties over the years expressing interest in the land; however, the timing was not right for their family. They have recently become aware of additional development plans close to their property and believe becoming part of the city of Shakopee would subsequently opening up additional development opportunities for the land.

This application request would be 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 shall be applied (i.e., municipal reimbursement, etc.).This property is located within Area B of the OAA.

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 Expansion Reserve (UER). 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.