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HomeMy WebLinkAbout7.5. Public Hearing on Petition by Ryan Contracting/DR Horton for the Annexation of Land in Jackson Township-Ord. No. 761 ~,.S- CITY OF SHAKOPEE Memorandum CASELOG NO.: 06-037 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Public Hearing on Petition by Ryan Contracting/DR Horton for the Annexation of Land in Jackson Township MEETING DATE: May 18,2006 INTRODUCTION: Council is asked by the petitioners to consider the annexation of the subject property, which is located south ofHwy. 169 and west of Marystown Road (CSAH 15). On May 4, the City Council continued the public hearing on this matter in order to allow time for the Jackson Township Board to consider the request. A copy of the resolution of approval is attached for the Council's reference. Also attached is a copy of the April 20th report to the Planning Commission. ALTERNATIVES: 1. Close the public hearing, and adopt an o)"dinance approving the annexation. 2. Close the public hearing and direct staffto prepare a resolution denying the petition for annexation based on specific findings of fact for consideration at the June 6, 2006 meeting. 3. Close the public hearing, but table the petition for additional information. 4. Continue the public hearing for additional information. PLANNING COMMISSION REVIEW: The Planning Commission reviewed the proposed annexation at its meeting of April 20, 2006, and unanimously recommended approval of the annexation. ACTION REQUESTED: Offer a motion to approve Ordinance No. 761, approving the annexation ofthe subject property, and move its adoption. ilJlU1.c../1tlO. L J i Klima P nner II h: \cc\2006\05-16\annexation ryan horton.doc ORDINANCE NO. 761, FOURTH SERIES AN ORDINANCE RELATING TO THE ANNEXATION OF CERTAIN PROPERTY THE CITY OF SHAKOPEE, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: Section 1 - The City Code is amended by adding a new section to read: Section 2 - The City Council hereby finds that Tom Ryan, Corrine & Norbert Theis, Solveig & Larry Theis, Donald & Mary Latour, Joseph Theis, and Mount Olive Evangelical Church, filed a properly prepared Petition requesting the annexation to the City of Shakopee. of real property located within Jackson Township, Scott County, State of Minnesota, legally described as found on attached Exhibit A: Section 3 - The City Council hereby finds that the property is not included in boundary adjustment proceeding pending before the Minnesota State Planning Agency. Section 4 - The City Council hereby determines and finds as follows; 1. That the subject properties abut the City of Shakopee; 2. That the properties proposed tobe annexed are not presently served by public sewer facilities, and that public sewer facilities are not otherwise available to the subject properties; 3. That the City of Shako pee has received a properly prepared Petition for annexation from all ofthe owners of the subject properties; and 4. That the area is appropriate for annexation by ordinance under Minn. Stat. Sec. 414.033, Subd. 2, and that the Petition complies with all of the provisions of Minn. Stat. 414.033, as well as the provisions of the Orderly Annexation Agreement between the City of Shako pee and Jackson Township. 5. That the Jackson Township Board has reviewed the request and has filed no objections. Section 5 - The subject properties are urban or suburban in nature or about to become so. Section 6 - Pursuant to law, a public hearing was scheduled, with proper notification given, and held on May 2nd and May 16th, 2006, prior to Council consideration of this ordinance for annexation. Section 7 - The corporate limits ofthe City of Shakopee are hereby extended to include the subject properties, and the same is hereby annexed to and included within the City of Shakopee as if the property originally been part thereof. Section 8 - The City Clerk is directed to file certified copies of this ordinance with the Minnesota State Planning Agency, Jackson Township, the Scott County Auditor-Treasurer, and the Minnesota Secretary of State. Section 9 - This ordinance takes effect upon its passage and publication and filing of certified copies as directed in Section 8 and approval ofthe ordinance bY the Minnesota State Planning Agency. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 16th day of May 2006. Mayor of the City of Shako pee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of ,2006. RESOLUTION NO.~.:;~()1) {p JACKSON TOWNSHIP SCOTT COUNTY, M INNES aT A RESOLUTION FOR ORDERL YANNEXA TION BE IT RESOLVED by the Board of Supervisors of the Town of Jackson, Minnesota, as follows: 1. The Township of Jackson and the City of Shakopee have entered into an Orderly Annexation Agreement approved by the Municipal Board on October 11,2002, as OA-882. Pursuant to Section III, , 4, any landowner or combination oflandowners of parcels of property in the affected area maypetition the City to annex. 2. The Town Clerk received a petition for annexation from the City of Shakopee signed by the property owners of title for the following described property, all of which is governed by the Orderly Annexation Agreement: See attached legal description and graphic depiction (Exhibit "A") (hereinafter "the Property").. The property contains approximately 320.00 acres. 3. The City of Shakopee agrees to reimburse the Township pursuant to Minn. Stat. * 414.036 and Section III of the Orderly Atmexation Agreement (OAA), for the taxes to be coilectcd on the Property according to the formula set forth in Section lII(! )(a). 4. Upon annexation the Property shall be subject to the City's zoning and land use controls, and shall be initially zoned Single-Family Residential, subject to the requirements according to City Ordinance and future am~ndments to such Zoning Ordinance. 5. The OAA provides that the Township and the City mutually agree and that Resolution and Agreement sets forth all the conditions for annexation of the areas designated, and that no consideration by the Municipal Board (now the Office of Boundary Adjustments) is necessary. The Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of the OAA and this Resolution. 6. The Town Board hereby approves the annexation of the Property. 3435417.1 Resolution 05/11/06 (Cont'd.) Page 2 of2 Approved by the Jackson Town Board of Supervisors this 11th day of May, 2006. C-- k ~q;;zz-A-~ afKJ.PJ ~.J Board Chair: Donald Hedlund Attest: Rose Menke J43~4J7.1 - ! - ~ ~ ~ ! ~ - ~ I ~ lor,~ Iii ~ Il ~ " ~ ~ ~ J ~o ....~ ~! 15... I < ! :B ~ ~ r:: ~ ~ ~ Jt I - Ul - i i I i 1 I i - , II - li I i .I i I f I ] !'l I fh 1 ~ I ~ ~ - IS] Old i!3'ef'C' 'ilC11'!/61/t e.fl'tOJ:>rsi.IlOII>l)tI,?\""""o.,,.. "4.t.."'S,ll4"".iII1l)'We\'tl i