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Shakopee City Council
June 15, 2021
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Mayor and Council Members |
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| | | | | | | | Subject:
Annexation and Rezoning of property to Urban Residential (R-1B) Zone – Kangas property | | |
| | | | | | | | Policy/Action Requested:
(Two separate actions/votes):
1. Approve Resolution No. R2021-090, a resolution approving the annexation of property.
2. Adopt Ordinance No. O2021-015, an Ordinance approving the rezoning of property to Urban Residential (R-1B) Zone.
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| | | | | | | | 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.
Submitted to the City was a letter provided by Timothy J. Keane, legal representative of Jackson Township, which voiced opposition to the proposed annexation (see attached letter and Jackson Township Resolution No. 2021-3).
City staff shared their opinion and documentation on why they believe the request is compliant with the approved OAA (referenced Approved OAA, dated March 6, 2018, and letter dated May 6, 2021 from Mayor Willian P. Mars and City Administrator William H. Reynolds).
Staff was also in receipt of a letter from an adjacent property owner, whom expressed opposition to the request (see attached letter).
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| | | | | | | | 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 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 and the property owners would 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). | | |
| | | | | | | | 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. | | |
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