Item Coversheet

8.B.1.


Shakopee City Council
JuneĀ 15, 2021


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Annexation and Rezoning of property to Urban Residential (R-1B) Zone – Jacobson property
Policy/Action Requested:
(Two separate actions/votes):
1. Approve Resolution No. R2021-091, a resolution approving the annexation of property.

2. Adopt Ordinance No. O2021-016, an Ordinance approving the rezoning of property to Urban Residential (R-1B) Zone.
Recommendation:
Planning Commission Recommendation
The Planning Commission reviewed this project at their June 3, 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.

Jackson Township was represented by Tom Gillam, Supervisor, who expressed opposition to the annexation request, stating they did not believe it was compliant with the approved OAA regulations. City staff shared their opinion and documentation on why they believe the request is compliant with the approved OAA.
Discussion:

Stuart Jacobson, property owner, & Donnay Homes, Inc., applicant, have requested the following:

1. an annexation of property from within Jackson Township (PID 06-9130102, 06-9130103 & 06-9130104);
2. the rezoning of the 18.979-acre parcels from Urban Expansion Zone (UER) to Urban Residential (R-1B) Zone;

The property in question is located at 920 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 (Donnay Homes, Inc.) to create a single-family residential development on this property. Access to the proposed development would be from extending Pinia Street from the north in the first phase, with the 2nd phase linking to 128th Street with city services extended from the adjacent subdivision - Countryside 2nd Addition. Should this annexation and rezoning be approved, the developer will also incorporate some of the Shakopee Veterinary Clinic property (12675 Marystown Road) into this development.

 

The Shakopee Vet Clinic was annexed into the City in 2018 and part of the Vet property was rezoned to R-1B in anticipation of development occurring on the surrounding (Jacobson) property when it would be annexed and developed per the 2040 Comp Plan.

 

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.

City Engineering has provided comments should this request be approved. Those comments would be pertinent to the platting of this property. Scott County has indicated they may require the adjacent commercial business to remove their direct access to Marystown Road once alternative access is available. This should be planned for during site layout.

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), 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).

Budget Impact:
Per the Orderly Annexation Agreement, the City must pay Jackson Township seven years of the current township portion of the property taxes for this property.
ATTACHMENTS:
Description
Resolution No. R2021-091
Ordinance No. O2021-016
Legal Description
Conceptual Plat Layout
Site Aerial
Engineering Memo