HomeMy WebLinkAbout9. Public Hearing on the petition fromTollefson Development
CITY OF SHAKO PEE CJ.
Memorandum
CASELOG NO.: 05-092
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Petition of Tollefson Development for the Annexation of Land located in
Jackson Township
MEETING DATE: September 6, 2005
INTRODUCTION:
The City received a petition from Tollefson Development for the annexation of approximately 45
acres of land from Jackson Township into the City of Shakopee. The subj ect property is located south
of the plat of Countryside, and east of Marys town Road/CSAH 15. On September 6,2005 the
Council will hold a public hearing on the requested annexation. The Planning Commission reviewed
the request for annexation at its August 18, 2005 meeting. A copy of the report that went to the
Commission is attached for the Council's information.
ALTERNATIVES:
1. Approve the requested annexation, and direct staff to prepare a resolution of approval for action
by the City Council at its September 20th meeting.
2. Deny the requested annexation, and direct staff to prepare a resolution of denial for action by the
City Council at its September 20th meeting.
3. Table the item for additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the requested annexation at its August 18, 2005 meeting. The
Commission did not provide a specific recommendation of approval or denial, but instead 7-0 that
the annexation not proceed at this time. Because ofthe relative ambiguity of the Commission's
recommendation, staff has not prepared a resolution of approval or denial at this time, but instead
is asking for Council's direction on approval or denial
ACTION REQUESTED:
Offer a motion providing direction to staff consistent with the Council's final decision on whether
or not the annexation should be approved. ~~,~
R. Michael Leek
Community Development Director
H:\BOAA-PC\2005\09-08\annexTollefson05092CC.doc 1
~7
CITY OF SHAKOPEE COf\sef\ T
Memorandum
CASELOG NO.: 05-092
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Petition of Tollefson Development for the Annexation of Land located in
Jackson Township
MEETING DATE: August 18,2005
INTRODUCTION:
The City received a petition from Tollefson Development for the annexation of approximately 45
acres ofland from Jackson Township into the City of Shakopee. The subject property is located south
of the plat of Countryside, and east of Marys town Road/CSAH 15. On September 6, 2005 the
Council will hold a public hearing on the requested annexation. A copy of the petition is attached for
the Commission's information. The Commission is asked to provide a recommendation to the City
Council on whether the City should proceed with annexation of the subject property.
DISCUSSION:
The City's adopted Land Use Plan identifies this area for single-family density development. This
designation was based on direction received from Council in the course of previous discussions
between the Township and the City. Recently, the City was required to submit a Comprehensive
Plan Amendment for the Countryside project area. fu approving that plan amendment, the
Metropolitan Council conditioned its approval on the following;
1. That future annexations from Jackson Township would require an amendment to the
City's Comprehensive Plan; and
2. That the Metropolitan Council would not approve any such amendments until and
agreement has been reached between the City and the Metropolitan Council regarding
the amount of sewer capacity that is available to the City in the Shakopee-Chaska
futerceptor.
Because agreement on item 2 has not been reached, staff believes that the City would be unable to
implement any development in the area proposed to be annexed. For that reason, staffbelieves that
the petition is not timely, and is recommending denial of the petition at this time.
ALTERNATIVES:
1. Recommend to the City Council that the pr9posed aIlIlexa.tion proceed.
2. Recommend to the City Council that the proposed annexation not proceed at this time.
3. Continue the item for additional information;
H:\BOAA-PC\2005\08-18\annexTollefson05092.doc 1
STAFF RECOMMENDATION:
Staff recommends alternative no. 2 for the reasons outlined above.
ACTION REQUESTED:
Offer a motion recommending to the City Council that the proposed annexation not proceed at this
_.__m'__ "ti1l1e~_andmo~ a~ol1 Ci\lternative No~ 2)'~71!~_~--"
R. Michael Leek
Community Development Director
H:\BOAA-PC\2005\08-18\annexTollefson05092.doc 2
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,
In the Matter of the Petition of
Garth and Catherine Kangas
for Annexation Pursuant
to Minnesota Statutes. Section 414.033
Petitioner, as and for its Petition to the City of Shakopee, a Minnesota municipal
corporation, hereby states as follows:
1. That the real property which is the subj ect of this Petition is situated in the
County of Scott, State of Minnesota, and legally described on Exhibit A attached hereto.
2. That Petitioner is the fee owner of the real property described in paragraph 1
hereof.
3. That the real property described in paragraph 1 hereofpresently lies within the
boundaries of Jackson Township and abuts the boundaries of the City of Shako pee, a
Minnesota municipal corporation.
4.. That the real property set out in paragraph 1 hereof is subject to the terms of a
Joint Resolution for Orderly Annexation between the Town of Jackson and the City of
Shakopee, a true and correct copy of which is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements of Minnesota Statutes
~414.035. That neither the Town of Jackson nor the City of Shakopee provide electric
utility service; therefore the provisions of Minnesota Statutes ~414.0325. Subd. 1 (a) do
not apply.
6. That the intended use of the real property described in paragraph 1 hereof is
for single- family residences which require the provision of municipal services,
including but not limited to sewer, water and utilities.
WHEREFORE, Petitioner prays for a Resolution of the City of Shakopee approving the
annexation by the City of Shakopee, a Minnesota municipal corporation of the real property
described on Exhibit A attached hereto.
Dated ~:m;}~ d~;~;~j(~~05.- . ...,.............. ............... _................................_. .................. n..__......... _._......... ......_............ n.n. ._ n.m ......-.....-. ....-.-.
...~&~
Garth and Catherine Kangas
-
Exhibit A
Property Owner: Garth and Catherine Kangas
PID: ~9130101
Area:.10acresm..., '" ................. '"n .......................... ................. ............._............___. .._....,_......." ............. ............................... .............................,_............... " . .................._........ ,......, ............",................, .. h__.n .............__............................._.....
Legal Description (full Parcel)
That part of the Northwest Quarter of the Southwest Quarter of Section 13, Township
115, Range 23, Scott County, Minnesota, that lies east of the west 938.00 feet thereof and
south of a line described as follows:
Beginning at a point on the east line of said Northwest Quarter of the Southwest
Quarter distant 69.85 feet south from the northeast comer of said Northwest
Quarter of the Southwest Quarter; thence west to a point on the west line of said
Northwest Quarter of the Southwest Quarter distant 196.26 feet south from the
northwest comer of said Northwest Quarter of the Southwest Quarter and said line
there terminating.
.
-.
June 8, 2005
Jy[i ch~~L~<::<::~,.gq!!l!!l~l)gyQ~_'It'<::Jgp!TI~!'l~Qi~<::~~9_~_,,____ ..._... .. .................... ...,.................._ .................. 0........ . ....
City of Shakopee
129 Holmes St. S
Shakopee,~ 55379
RE: Shakopee Growth
Dear Michael,
We would like to introduce ourselves, Roger and Susan Sames. We're the owners of the
property at 12495 Marystown Rd, Shakopee, MN 55379 containing 10 acres and are
currently under contract with Developer, Randy Kubes to purchase our property and
develop. We are requesting annexation of our property that adjoins the Countryside
Development. Growth in this area would be a natural extension of the city and would
compliment Countryside Development; especially when sewer and water will go directly
to this property and would allow for good north/south road connections. We would
propose developing the property in 2006/2007. If the annexation is allowed, we would
work closely with city staff on developing this property.
Please take this request into consideration.
Sincerely,
~w:,~~
Roger Sames, Owner
xl1MAt) ~.
./' Susan Sames(Owner
, ,
In the Matter of the Petition of
Roger and Susan Sames
for Annexation Pursuant
to Minnesota Statutes. Section 414.033
...............-................. ,..._,"".".." ......m......._......_........... ....... .... ...00. . _ .. ......_........................... ................ _ __._ . ....._____.......... ..........~~~___.. .. __........................... _ . ._..... ............. ........................ ............. ......0........ ..'n...... ....~_.. . .................... ........... "0 ........ ...
Petitioner, as and for its Petition to the City of Shakopee, a Minnesota municipal
corporation, hereby states as follows:
1. That the real property which is the subject of this Petition is situated in the
County of Scott, State of Minnesota, and legally described on Exhibit A attached hereto.
2. That Petitioner is the fee owner of the real property described in paragraph 1
hereof.
3. That the real property described in paragraph 1 hereof present! y lies within the
boundaries of Jackson Township and abuts the boundaries of the City of Shakopee, a
Minnesota municipal corporation.
4.. That the real property set out in paragraph 1 hereof is subject to the terms of a
Joint Resolution for Orderly Annexation between the Town of Jackson and the City of
Shakopee, a true and correct copy of which is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements of Minnesota Statutes
~414.035. That neither the Town of Jackson nor the City of Shakopee provide electric
utility service; therefore the provisions of Minnesota Statutes ~414.0325. Subd. 1 (a) do
not apply.
6. That the intended use of the real property described in paragraph 1 hereof is
for single- family residences which require the provision of municipal services,
including but not limited to sewer, water and utilities.
WHEREFORE, Petitioner prays for a Resolution of the City of Shakopee approving the
annexation by the City of Shakopee, a Minnesota municipal corporation of the real property
described on Exhibit A attached hereto.
Dated this 25 t-d day of J?1oru< 2005.
PETITIONER:
'/
~>-~I.J yL_4",r) if ~~
"., /
Roger and Susan Sames
,
'.
Exhibit A .
Property Owners: Roger and Susan Sames
PIO: 69130100
Area: 10 acres
Legal Description
That part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter
of the Southwest Quarter of Section 13, Township 115, Range 23, Scott County,
Minnesota described as follows:
Beginning at the Southwest comer of said Southwest Quarter of the Northwest
Quarter; thence on an assumed bearing of North 01 degrees 22 minutes 16 seconds West,
along the West line of said Southwest Quarter of the Northwest Quarter a distance of
130.82 feet; thence North 88 degrees 37 minutes 44 seconds East a distance of 1332.46
feet to the east line of said Southwest Quarter of the Northwest Quarter; thence South 00
degrees 44 minutes 43 seconds East along said east line a distance of257.21 feet to the
Southwest comer of said Southwest Quarter of the Northwest Quarter; thence South 00
degrees 06 minutes 47 seconds East along the east line of the Northwest Quarter of the
Southwest Quarter of said Section 13 a distance of 69.85 feet; thence South 88 degrees 37
minutes 44 seconds West a distance of 1332.80 feetto a point on the West line of said
Northwest Quarter ofthe Southwest Quarter distant 196.26 feet south from the Southwest
corner of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 00
minutes 16 seconds West along said west line a distance of 196.26 feet to the point of
beginning.
Containing 10.00 acres.
.
In the Matter of the Petition of
Stuart Jacobson
for Annexation Pursuant
to Minnesota Statutes. Section 414.033
Petitioner, as and for its Petition to the City of Shakopee, a Minnesota municipal
corporation, hereby states as follows:
1. That the real property which is the subject of this Petition is situated in the
County of Scott, State of Minnesota, and legally described on Exhibit A attached hereto.
2. That Petitioner is the fee owner of the real property described in paragraph 1
hereof.
3. That the real property described in paragraph 1 hereof presentl y lies within the
boundaries of Jackson Township and abuts the boundaries of the City of Shako pee, a
Minnesota municipal corporation.
4.. That the real property set out in paragraph 1 hereof is subject to the terms of a
Jo~t Resolution for Orderly Annexation between the Town of Jackson and the City of
Shakopee, a true and correct copy of which is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements of Minnesota Statutes
~414.035. That neither the Town of Jackson nor the City of Shakopee provide electric
utility service; therefore the provisions of Minnesota Statutes ~414.0325. Subd. 1 (a) do
not apply.
6. That the intended use of the real property described in paragraph 1 hereof is
for single- family residences which require the provision'ofmunicipal services,
including but not limited to sewer, water and utilities.
'>
,
,
WHEREFORE, Petitioner prays for a Resolution of the City of Shakopee approving the
annexation by the City of Shakopee, a Minnesota municipal corporation of the real property
described on Exhibit A attached hereto.
Dated this r~.3 dayof ~OO5.
PE~ONEftJ ~
411 t~. ,
Stuart Jacobso7
, ~~~T ~
CHICAGO TITLE INSURANCE COMPANY
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Schedule A Legal Description Continued
File Number: 2664384
Parcell: That part of the West 930.38 feet of the Northwe.st Quarter of the Southwest Quarter of
Section 13, TOWilShip 115, Range 23, Scott County, Minnesota, that lies south of a line described as
follows: Beginning at a EOint on the east line of said Northwest Quarter of the Southwest Quarter
distant 69.85 feet south om the Northeast comer of said Northwest Quarter of the Southwest
Quarter; . thence West to a point on the West line of said Northwest Quarter of the Southwest
Quarter distant 196.26 feet south from the Northwest COmer of said Northwest Quarter of the
Southwest Quarter and said line there terminating. EXCEPT that part ,described as follows: A tract
ofland in the Northwest Quarter of the Southwest Quarter of Section 13, Township 115, Ranfe 23,
West, Scott .county, Minnesota. described as follows: Commencing at the Northwest comer 0 said
Northwest Quarter of the Southwest Quarter and thence South along the West line thereof a
distance of 749.65 feet to the actual paint of be~inninJ: thence continuing South alon~ said West
line a distance of 300.00 feet; thence East at rl~ tan es to said West line a distance 0 726.00 feet;
thence North at right angles a distance of 300. 0 feet; thence West at right angles a distance of
726.00 feet to the actual point of beginning. ,
Parcel 2:
The East 1.62 feet of the West 938.00 feet ofthe Northwest Quartet of the Southwest Quarter of
Section 13, Township 115, Range 23. Scott County, Minnesota, that lies South of a line descnoed as
follows: Begif!nin% at a point on the East line of said Northwest Quarter of the Southwest Quarter
distant 69.85 feet outh from the Northeast comer of said Northwest Quarter of the Southwest
Quarter; thence West to a point on the West line of said N ortbwest Quarter of thE. Southwest
Quarter distant 196.26 feet South from the Northwest comer of said Northwest Quarter of the
Southwest Quarter and said line there terminating.
Abstract.
fgj)': 6. 'II ") 0105/ {'71] 0/6 :l..
Mf~~ ~ kILL J
CACl 3/99
"
"
In the Matter of the Petition of
Michael and Gail Kelso
for Annexation Pursuant
to Minnesota Statutes. Section 414.033
Petitioner, as and for its Petition to the City of Shakopee, a Minnesota municipal
corporation, hereby states as follows:
1. That the real property which is the subject of this Petition is situated in the
County of Scott, State of Minnesota, and legally described on Exhibit A attached hereto.
2. That Petitioner is the fee owner of the real property described in paragraph 1
hereof.
3. That the real property described in paragraph 1 hereof present! y lies within the
boundaries of Jackson Township and abuts the boundaries of the City of Shakopee, a
Minnesota municipal corporation.
4.. That the real property set out in paragraph 1 hereof is subject to the terms of a
Joint Resolution for Orderly Annexation between the Town of Jackson andthe City of
Shakopee, a true and correct copy of which is attached hereto as Exhibit B.
5. That the Joint Resolution satisfies the requirements of Minnesota Statutes
9414.035. That neither the Town of Jackson nor the City of Shakopeeprovide electric
utility service; therefore the provisions of Minnesota Statutes ~414.0325. Subd. 1 (a) do
not apply.
6. That the intended use of the real property described in paragraph 1 hereofis
for a veterinary clinic and single- family residences which require the provision of
municipal services, including but not limited to sewer, water and utilities.
,
,
WHEREFORE, Petitioner prays for a Resolution of the City of Shakopee approving the
annexation by the City of Shakopee, a Minnesota municipal corporation of the real property
described on Exhibit A attached hereto.
/Cd> 14
Dated this ;t.3- day of lW".. 2005.
~ ,~t(6tr
Kelso
,
Exhibit A
Property Owner: MICHAEL W & GAIL R KELSO
PID: 69130110
Area: 5 acres
Legal Description
A tract of land in the Northwest Quarter of the Southwest Quarter of Section 13,
Township 115 North, Range 23 West, Scott County, Minnesota, described as follows:
Commencing at the northwest corner of said Northwest Quarter of the Southwest
Quarter and thence south along the west line thereof a distance of749.65 feet to
the actual point of beginning; thence continuing south along said west line a
distance of 300.00 feet; thence east at right angles to said west line a distance of
726.00 feet; thence north atright angles a distance of300.00 feet; thence west at
right angles a distance of726.00 feet to the actual point of beginning.