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Shakopee Planning Commission Meeting
June 3, 2021
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Planning Commission |
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| | | | | | | | Subject:
PUBLIC HEARING - Annexation and Rezoning of property to Urban Residential (R-1B) Zone - Kangas Property |
| | | | | | | | Policy/Action Requested:
(Two separate actions/votes):
1. Offer a motion of a positive recommendation to the City Council for approval of the draft Resolution, approving the annexation of property;
2). Offer a motion of a positive recommendation to the City Council for adoption of draft Ordinance, approving the rezoning to Urban Residential (R-1B) Zone.
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| | | | | | | | Recommendation:
Approve the requested action. |
| | | | | | | | Discussion:
Garth & Catherine Kangas, property owners & applicants, have requested the following:
1. an annexation of property from within Jackson Township (PID 06-9130101);
2. the rezoning of that 10.82-acre parcel from Urban Expansion Zone (UER) to Urban Residential (R-1B) Zone;
The property in question is located at 766 128th Street West, just east of Marystown Road and north of CSAH 78 (see attached Site Aerial), which is presently located within Jackson Township. The property owner is working with a developer (Link Construction, Inc.) to create a single family residential development on the northerly half of the property, with the property owners to continue to live at their residence located on the southerly half of this site (south of the creek/channel). Access to the proposed development would be from extending Lusitano Street from the north (with city services extended from the adjacent subdivision - Countryside 2nd Addition).
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 E, as identified in the OAA. The property is guided Suburban Residential, which is consistent with the R-1B (urban single family residential) Zone.
Jackson Township has submitted a letter in opposition to this request, as they believe the request is contrary to the approved OAA. The City provided a letter stating that the state statutes and approved OAA actually allow this type of application, so staff supports the requested annexation.
The City did receive a letter of opposition from an adjacent property owner (attached to this report).
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), and is guided Suburban Residential in the City’s 2040 Comp Plan. Zoning this property to R-1B Zone would be consistent with the Suburban Residential guiding (3-6 units/acre density).
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