Discussion:
The Opus Group, applicant, and Roger J & Phyllis E Theis Trust, property owners, have made application to Rezone property located at 2175 Colburn Drive (west of County Road No. 69) from Agricultural Preservation (AG) Zone to Rural Residential (RR) Zone and Business Park (BP) Zone, and Preliminary & Final Plat of River Valley Business Park. The subject property is approximately 56 acres.
The property was recently annexed from Jackson Township to the City of Shakopee. At that time, the property owner did not have any development plans, so the property was zoned Agricultural Preservation (AG), which was compatible with the existing use. At this time, the property owner is working with a developer, and desires rezoning the property to Business Park, which is compatible with the Mixed Employment Center guiding established with the City’s 2040 Comprehensive Plan. Additionally, they have also requested that the existing homestead be zoned Rural Residential, as the current property owner intends to continue to reside at that location (approx. 5 acres).
The submitted plat would split the residential homestead off from the business park project, with the business park project comprised of two lots, several outlots and a public right-of-way. The two lots would be created for construction of office/industrial buildings of approx. 150,000 and 300,000 square feet. The Planning Commission is charged with making a recommendation on the Preliminary Plat, with the City Council taking action on both the Preliminary and Final Plat.
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.
The property was recently annexed into the City of Shakopee, and at that time it was brought in as Agricultural Preservation. At this time, a developer has proposed a project and is requesting zoning consistent with the approved Comprehensive Plan (Mixed Employment Center), which is aligned with the Business Park Zone. The parcel proposed for Rural Residential is comparable to the existing use of the property.
2. Significant changes in goals in community goals and policies have taken place.
The request is consistent with the approved Comprehensive Plan – this is a procedural item to address the recent annexation that included a non-conforming zoning.
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 as noted; therefore, staff supports the request.
Staff, the applicant and outside agencies have spent considerable time reviewing and discussing this submittal. Several review agencies have provided comments (memos and mark ups of the submitted plans) and the applicant is working with the agencies to address their comments. Those comments are listed as conditions of Plat approval, should the rezoning be approved.