Discussion:
The Opus Group, applicant, and Roger J & Phyllis E Theis Trust, property owner, have made application to Preliminary & Final Plat property located at 2175 Colburn Drive (west of County Road No. 69) and to rezone property from Agricultural Preservation (AG) Zone to Rural Residential (RR) Zone and Business Park (BP) Zone. The property is approximately 56 acres.
The property was annexed last year 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 has asked for a preliminary and final plat. 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 parties are requesting a rezoning of the larger parcel of the property to Business Park, which is compatible with the Mixed Employment Center guiding established with the City’s 2040 Comprehensive Plan. 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).
Scott County has submitted its conditions that include construction by the developer of a roundabout at the new road on CH69 along with construction of a new access for Colburn to the frontage road. The city will have to advance the other side of the road's portion since that development is lagging behind the western side.
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 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. The comprehensive plan requires another provision.
The rezoning is in compliance with the 2040 Comprehensive Plan.
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 with memos and those comments are conditions to be met as part of the platting process and rezoning.