D.R. Horton Inc. - Minnesota, applicant, and William & Jean Luers, LaTour Farms LP, David Brown, and Harriet Plekkenpol, property owners, have applied to annex property located south of County State Aid Highway 78 and East & West of Zumbro Avenue as identified in the attached legal descriptions and concept plan, and have requested zoning of the property to Agricultural Preservation (AG) Zone.

The annexation and zoning would consist of approximately 237 acres. Their concept plan shows approximately 588 units, consisting of a mix of single family and twin homes.

This property is presently zoned UER in Scott County (Urban Expansion Reserve). This property is guided Suburban Residential (3-6 dwelling units per acre) and Suburban Edge Residential (0.01 – 3 dwelling units per acre), which is consistent with their proposed concept plan. With the specific zoning/platting not yet defined, the property owner is proposing AG zoning until their proposed development can better define the final plan and required zoning.

The applicant has requested that this land be annexed into the city of Shakopee for its next phase of development in the West End. They have been actively developing the property to the north of this area, and with continued strong sales of those homes, they are ready to look at this area for a logical expansion of the existing utilities and roadways.

This application request is consistent with the Orderly Annexation Agreement (OAA) approved between Jackson Township and the city (this is in Area C of the OAA), which states that Area C is eligible for annexation any time after December 31, 2017 provided that at least 25% of property located in Areas A and B combined, have been annexed into the city. At this time, approx. 60.25 percent of Areas A & B have been annexed into the city.

The city has withdrawn its request to annex the balance of land within Areas A & B, which is predominantly residential and commercially developed properties,  at the request of many of the residential property owners.  Area C is the next appropriate area for future annexations. Should this annexation be approved by the city council, other conditions identified within the OAA document shall apply (i.e., municipal reimbursement, etc.).

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). Zoning this property to AG Zone is consistent with past rezonings of newly annexed properties in the interim until a final development plan is better defined.  The city anticipates that the applicant will be submitting more detailed plans once the annexation is approved.