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HomeMy WebLinkAbout9.B. Petition of Tollefson Development for the Annexation of Land located in Jackon Township ~.6, CITY OF SHAKOPEE 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: December 6, 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 Shako pee. The subject property is located south of, and adjacent to, the plat of Countryside, and east of Marys town RoadlCSAH 15. On September 6, 2005 the Council opened the public hearing on the requested annexation. Because of pending issues regarding Shakopee-Chaska Interceptor capacity issues, the applicant requested that the public hearing be continued to December 6, 2005. DISCUSSION: Since the Council continued the public hearing, staffhas received a copy of the following communication from Don Bluhm of the Metropolitan Council's Environmental Services staff; "Yes, we have capacity remaining in the interceptor under the original Cost Sharing agreement to provide this service. Original Agreement .97 mgd for Jackson TWp area. Country Homes .158 mgd DR Horton .201 mgd Remaining .611 mgd" While it now appears there is sufficient capacity that has not been the only factor that the Council has considered in the past. Others have included whether the property is in the Phase I MUSA staging area and what amount of MUS A has been approved for the year. The subject property is in the Phase IT MUSA staging area. As ofthe recent decision on the applicant's MUSA and rezoning request for Shutrop South, the Council has allocated about 401 acres of MUS A for the year 2005 to date. Based on a target residential density of three units per acre gross, this would translate to enough area to accommodate about 800 to 1200 residential units. H: \CC\2005\ 12-06\alUlexT ollefson05092CC 12062005. doc 1 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 December 20, 2005 meeting. 2. Deny the requested annexation, and direct staffto prepare a resolution of denial for action by the City Council at its December 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 of the 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 nol the annexation should be approved. .6 ~~~/..<t R.Michael Leek Community Development Director H:\CC\2005\12-06\annexTollefson05092CC12062005.doc 2 CITY OF SHAKOPEE . 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 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. 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. ~ddAer~~~ R. Michael Leek Community Development Director H:\BOAA-IlC\2005\09-08\annexTollefson05092CC.doc 1 , ~7 , CITY OF SHAKOPEE CO{\set'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 I Jackson Township MEETING DATE: August 18, 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 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 subj ect 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. In 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 Interceptor. 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, staff believes 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 proposed annexation proceed. 2. Recommend to the City Council that the proposed annexation not proceed at this time. 3. Continue the item for additional infonnation. H:\BOAA-PC\200S\08-18\annexTollefsonOS092.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 ____----lim~q adDplion.(~eNo. 2). 1'~ _~ -- - .._". .-.... .....-............. ~ r ~/~." ~ R. Michael Leek Community Development Director H:\BOAA-PC\2005\08-18\annexTollefson05092.doc 2 CIty of Shakopee Proposed Annexation from Jackson Township 45 Acres Orderly Annexation Agreement Tollefson Development, INC. ------ I I .--. _._~._,., 12 acres townhomes 18 acres commercJal "." " A I ~o - ~<< ~I~' r~:j~~~1 I '-==j -= ~ J S!i = . LJ III --'If. ~ ~l I' r--- ,I 1\ I . r,:n II rr-- '; Sammes .10 acres .1: I:i Ii l_-..: ~~ . -'liir Proposed AnnexaUon from Jacllson Township ( iii . j IJ . Orderly AnnexaUon Agreemenl \:::J ,. ,. 45 acrea "'-, 01 , }:"" ' I , ; ILl! H of I . f Jacobson. 2llacres 11 ( I 'I ~ . . II .---.-.----_ iL.- !; ~ I -...~..------- - 1 -----J 1-----~-.---..--7 I I ~- , ,II""" I 1'1 \ Kelso, 5 acres I I ' I i I. ;cu",""'" . ~~I,,",,' f r---- ~ ' ---------1 i .. I ".r'"'"- 110 - I ; r " ~ ,I I i I ii I ! i .', ; If. I 'fI E ..----.....-.....-- __..J L_............. i ' i. .-..~-- .. ......-.....................----. !; : . ' ' i-----r~. .~.,._.._..--r '-"-'-.... i "'j'''.- --.:- ~7':'--L..-__ ---_ I If! ! !.. ....... < , ' 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 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 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 subj ect 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 ;;2s day of c?!2005. '~4~ Garth and Catherine Kangas I . . Exhibit A Property Owner: Garth and Catherine Kangas PID: 99130101 .".- .--.. . Area.;.-1-0-acres-....-------.--. --_. ---.. -,,-- ---'-- --- -_. .----.-------.--- --._____. .. __ ______.. . __...__._..... 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 tenninating. . .., . , June 8, 2005 . .,.__ __.__ Mi 9h.ael !::~~J_.9ommJ!.l1!!Y ~ev~lol2..lT!~J.J?ire~t9_~__ __..__ ____.__ . __ __.._ _____'_'__ ._._ . .__ _____..__ ___'_ _.__ 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 oftl1e 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 ofthe 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, ~'J-,/.~~ Roger Sames, Owner ~~)~~. ,,,/ Susan Sames(Owner - , , , , In the Matter of the Petition of Roger and Susan Sames for Annexation Pursuant to Minnesota Statutes. Section 414.033 ,.__, '._8' ._ ~__'__"'~_"'~_ ~.__..._____ ___,_.____~.____._____...W__4_ _____ ._..._.... ~_._,_.__.._...__...._.. __..__H_..__.... ___ __'_H__. . __.W __ ._____ ,...._ 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 hereof present! y lies within the boundaries of Jackson Township and abuts the boundaries ofllie 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 9414.035. 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. . , ". WHEREF:ORE, 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 ~ day of J?1ord.. 2005. PETITIONER: ~~~~J ~4rJ t1/vit~ / " 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 of69.8$ feet; thence South 88 degrees 37 minutes 44 seconds West a distance of 1332.80 feet to a point on the West line of said Northwest Quarter of the Southwest Quarter distant 196.26 fe~t south from the Southwest comer 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 feetto 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 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 subj ect to the terms of a JO?nt 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 ~.3 day of ~2005. PETITIONER: .... , .~~T4- CHICAGO TITLE INSURANCE COMPANY 't.'I'~J"$ .iIt~r.~ltl'~v.:''''.'~~~~~lrJ'''\('iJ.f:!:~~;''' 7' Il!v '" 1',/ .... ".~.':lti'l;t "~f'll.. i\'''?,11 '''. .: 1\.'" :', ~.I" , l!~lt.r!' '~::r) i" r Ii,. ~.\' J ."N " , r,. <: tr .~ r.~ ' 1) '/~~@ j !, S :' ~ !,'." 'I,' I ~','\v' .(' >,'J.j'i: ,": t,~'~t!~f.\~ "~\ ~~~) t~i~'j";",M~.at('~1,!1ii~~:;~~..~......(:l"\:I.I" . ql',~/;f,',~:", 'Jooi1fJo.:' ~'l'\ .,"'. Ill.' IIH,ItJlli:'. Ji,)' fill.:" ~~,H"',ln ...' ~l'J-",,, "u~::-) ,~I~.j Schedule A Legal Description Continued FUa Number: 2664384 Parcel 1: That part oftha West-930.38 feet of the Northwest Quarter of the Southwest QuarterQf Section 13, Township 115, Range '23, Septt County, 'MinneSota, that lies south of a line described as follows; Beginning at a&Oint on the east line ofsBld Northwest Quarter of the Southwest Quarter distant 69.85 feet south om. the Northeast comer of said Northwest Quarter oithe Southwest Quarter: . thence West to a point on the West line of said Northwest Quarter of the Southwest Quarter distant 198.26 feet south from the Northwest comer of said Northwest Quarter of the Southwest Quarter and said line there terminating. EXCEPT that paIt. described as follows: A tract of land in the Northwest Quarter of the Southwest Quarter of Section 13t Township 115. RaIlfe 23, West, Scott ,County, Minnesota. described as follows: Commencing at the Northwestcomer 0 said N orthwest ~uarter of tIle Southwest Quarter and thence South along the West line thereof a distance of 49.65 feet to the actual paint ofbe~J; thence continuing South alon~ said West line a distance of 300.00 feet; thence East at t~ tan es to said West line a distance 0 126.00 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 ofbeginning. . Parcel 2: The East 1.62 feet of the West 938.00 feet of the Northwest Quartet of the Southwest Quarter of Section 13, Township 115, Range 23. Scott County, Minnesota, that lies South ofa line described as follows: BegiJ!nin% at a point on the East line of said Northwest Quarter of the Southwest Quarter distant 69.85 feet outh from the Northeast corner of said Northwest Quarter of t,he Southwest Quarter; thence West to a point on the West line of said Northwest Quarter of tht Southwest Quarter distant 196.26 feat South from the Northwest corner of said Northwest Quarter of the Southwest Quarter and said line there terminating. Abstract. 020.:61' 30103/ 6'113010 ~ Mf,t': ~ A-c/'L 1:- J CAC4 3/S8 , ~ 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 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 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 Shako pee 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 a veterinary clinic and single~ family residences which require the provision of municipal services, including but not limited to sewer, water and utilities. . . 1 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. t<dJ ~ Dated this 01.3- day of ~, 2005. .~tfih- Kelso I . ."\ to Exhibit A Property Owner: MICHAEL W & GAIL R KELSO PID: 69130110 Area: 5 acres ...... .... ....... ............. ,., ..... ...... ... ....... '''N ...._.. .. ... . ...... .... .... ...... ....... 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 thereofa distance of 749.65 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 at right angles a distance of300.00 feet; thence west at right angles a distance of 726;00 feet to the actual point of beginning.