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HomeMy WebLinkAbout13.B.1. Petition by Ryan Contracting/DR Horton for the Annexation of Land in Jackson Township-Ord. No. 761 CITY OF SHAKOPEE /3. 8. ,. Memorandum CASELOG NO.: 06~037 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Petition by Ryan ContractinglDR Horton for the Annexation of Land in Jackson Township MEETING DATE: June 6, 2006 INTRODUCTION: Council is asked by the petitioners to consider the annexation ofthe subject property, which is located south ofHwy. 169 and west of Marystown Road (CSAH 15). On May 16, the City Council closed the public hearing and tabled action on the application in order to allow the item to be considered by a full Council. 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 ofthe April 20th reportto the Planning Commission. ALTERNATIVES: 1. Adopt an ordinance approving the annexation. 2. Direct staffto prepare a resolution denying the petition for annexation based on specific findings of fact for consideration at the June 20, 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 of the subject property, and move its adoption. J .. .....' , .~du~ J . r Klima Planner II h: \cc\2006\06-06\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 to be 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 of the 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 ofthe provisions of Minn. Stat. 414.033, as well as the provisions ofthe Orderly Annexation Agreement between the City of Shakopee 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 - Pursuantto law, a public hearing was scheduled, with proper notification given, and held on May 2 and May 16, 2006, prior to Council consideration of this ordinance for annexation. Section 7 - The corporate limits of the City of Shakopee are hereby extended to include the subject properties, and the same is hereby annexed to and included within the City of Shako pee as if the property originally been part thereof. Section 8 - The City Clerk is directed to file certified copies ofthis 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 pu~lication an~. filing of certified copies as directed in Section 8 and approval of the ordinance by die Miiitlesota State Planning Agency. Adopted in regular session of the City Council of the City of Shako pee, Minnesota held this 6th day of June 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. EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter of Section 13, Township 115, Range 23, Scott County, Minnesota described as follows: Beginning at a point in the west line of said Northwest Quarter 457.32 feet north of the southwest comer thereof; thence continuing North 1 degree 1 minute 25 seconds West, assumed basis for bearings, along said west line, 325.68 feet; thence North 88 degrees 58 minutes 35 seconds East 1339.26 feet to the east line of said Southwest Quarter ofthe Northwest Quarter; thence South 0 degrees 25 minutes 53 seconds East, along said East line 325.70 feet; thence South 88 degrees 58 minutes 35 seconds West 1335.89 feet to the point of beginning, EXCEPT that part beginning at a point in the west line of said Northwest Quarter 719.36 feet north of the southwest comer thereof; thence continuing North 1 degree 1 minute 25 seconds West, assumed basis for bearings, along said West line, 63.64 feet; thence North 88 degrees 58 minutes 35 seconds East a distance of 350.00 feet; thence South 1 degree 1 minute 25 seconds East, parallel with the said West line a distance of 65.54 feet; thence South 89 degrees 17 minutes 12 seconds West a distance of350.01 feet to the said West line. RESOLUTION NO. d ~ ~ c) c:l <:e, JACKSON TOWNSHIP SCOTT COUNTYt MINNESOTA RESOLUTION FOR ORDERLY ANNEXATION 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 of landowners of parcels of property in the affected area may petition the City to annex. 2. The Town Clerk received a petition for annexation from the City of Shakopee signed by the property owners oftitle for the JoIlowing described propertYt all of which is governed by the Orderly Annexation Agreement: PIN 069140040 PIN 069140110 PIN 069140090 PIN 060310020 PIN 069140041 PIN 060310010 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. g 414.036 and Section ITI ofthe Orderly Annexation Agreement (OAA), for the taxes to be collected on the Property according to the fonnuIa set forth in Section III(1)(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 amendments 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 ofthe Property. 3435417.1 Resolution05/I 1/06 (Confd.) Page 2 of2 Approved by the Jackson Town Board of Supervisors this 11th day of May, 2006, c- k ~.G2-Z:-f-\_~ ~8W~ ~.J Board Chair: Donald Hedlund Attest; Rose Menke 3435417.1 i 2,13122 PM CST f ,Ull""''KlI)~I''O ~/I'J1ffJ:lt. f I r'~:OO"IIlO1\fIIwg'$Io~tdt !Ir-1l.";tr.;'$\.POO - J ~ r Iff f I!i ;1 I I J if - - II ; I I! II wr ; J - , { r ~ ~ ~ ::I: i a , : g I..:--=t::~:.:.:: ~ ~ ~ a - w.RrsroWN OOAD l& . - r: ! Jit e f 5~ ~ I q ~ i ~ ~... - r ~ . ~ Q ~ ~ - L . ,.-"... - . . - , -ClIVE>> NAY 3 0 2006 Ryan-D.R. Horton/Shakopee/Bluffs at Marystown Draft Schedule Westwood Professional Services Updated for Week: Tuesday, May 30, 2006 Item Task Start Due Complete Responsible Notes CONCEPT REVIEW/PRELIMINARY PLAT EA W Negative Declaration bv City Council Shakooee . Concept Review Period with Staff 6/1/06 6/23/06 All Assume 3-Week Start Parks Commission Review of Concept 6/26/06 6/26/06 All Fourth Mondav at 7:00 P.M. Environmental Advisory Committee Review of Concept 6/14/06 6/14/06 All Second Wednesday at 7:00 P,M. 7/12/06 7/12/06 Planning Commission Review of Concept 6/22/06 6/22/06 All First and Third Thursday following the First Tuesday at 7:00 P,M. City Council Review of Concept 6/20/06 6/20/06 All 7/18/06 7/18/06 First and Third Tuesdays at 7:00 P.M. . Start Preliminarv Plat Design 7/24/06 7/24/06 Westwood 6-Week Design Schedule for the Entire Site PreliminarY Plat Submission 9/4/06 9/4/06 Westwood 6- Week Desilln Schedule for the Entire Site 10-Day City Review Period for Comolete Application 9/4/06 9/14/06 Shakooee Assume Complete Submission City Staff Review ofP~eliminary Plat 9/4/06 Shakopee Potential 60 days + 60 day review period (1/2/07 with 9/4/06 Comolete Aoolication) Parks Commission Approval of Preliminary Plat First Last Shakopee FOUlth Monday at 7:00 P.M. 9/25/06 12/18/06 Environmental Advisory Committee Approval of First Last Shakopee Second Wednesday at 7:00 P.M. Preliminarv Plat 10/11/06 12/13/06 Planning Commission Approval of Prelim. Plat First Last Shakopee First and Third Thursday following the First 10/5/06 12/21/06 Tuesday at 7:00 P.M. I City Council Approval of Preliminary Plat First Last Shakopee I lOll 7/06 1/2/07 First and Third Tuesdays at7:00 P.M. 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",:--"1 - .. - I Co..:> ~ .. , .. .4POf CITY OF SHAKO PEE Memorandum CDil seriT CASELOG NO.: 06-037 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II . SUBJECT: Petition by Ryan Contracting for the Annexation of Land located in Jackson Township MEETING DATE: April 20, 2006 INTRODUCTION The City has received a petition from Ryan Contracting for the annexation of approximately 340 acres of land from Jackson Township into the City of Shakopee. The subject property is located south of Highway 169 and west of Marystown Road/CSAH 15. On May 2, 2006, the City Council will hold a public hearing on the requested annexation. 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 Land Use Plan (included in the 2003 Comprehensive Plan Update adopted by the City Council) identifies this area primarily for single-family residential development with some area for medium density residential and commercial development, as well. The Metropolitan Council has stated that any annexations from Jackson Township will require an amendment to the City's Comprehensive Plan. Additionally, while the Metropolitan Council has informally indicated that capacity exists within the Shakopee-Chaska interceptor, the Met Council has not completed an analysis to quantify that capacity. On Tuesday, April 18th, the Council will consider awarding a contract for updating the City's sanitary sewer plan. That process is expected to be completed in the next several months of2006. Staffbelieves that the analysis done as a part ofthat update should quantify the remaining capacity in the Shakopee-Chaska illterceptor, as well as any new capacity that will need to be created through the construction of additional sewers. Exhibit A identifies the properties proposed for annexation. The light orange colored property (Friendship Church) at the northwest corner of CSAH 15 and County Road 78 is NOT proposed for annexation, nor are the 3 small parcels (green, blue (the small blue parcel), and peach colored) on the west side ofCSAH 15. The parcels indicated in purple and pink (in the northwest portion ofthe exhibit) are currently located within the Phase I area for extension of MUS A. The remainder of the subject properties are within the Phase II area for MUSA extension. ill analyzing the present request, staffhas looked to recent Council actions. ill January 2006, the City Council denied a petition for annexation of a 45-acre site on the east side of CSAH 15/Marystown Road citing the following reasons for denial: H:\BOAA-PC\2006\04-20\annexRyan06037.doc 1 .~ 1. The subject property was not now urbanizing and that urbanization of the subject property is not imminent; 2. That the City of Shakopee had sufficient land available for development needs in the immediate future without the annexation; 3. That in 2005. the City allocated MUSA to nearly 400 acres ofland from its MUSA allocation; 4. That the land to which MUSA is allocated is sufficient to meet the City's development needs for the next couple of years; and 5. That the City has designated phasing areas for the extension of MUS A, and that the subject property was in a later (phase II) phasing area for MUSA. In 2002. the City was granted a MUSA allocation of2184 acres. When the allocation was granted, it was with the general understanding that it was believed to be roughly a 10-year allocation. Today, a bit less than 4 years later, approximately 1092 (or about half) of those acres remain available for allocation within the City. Applications requesting that 160 of those remaining acres be designated are currently being processed. If those requests are approved. approximately 932 acres would remain available. In addition, the City is currently in the process of reviewing or expecting applications for the following developments (acreages and lot counts included). 172 acres 437 lots 13 acres 78 lots 4.5 acres Unknown 40 acres 79 lots 115 acres Unknown 35 acres 49 lots 45 acres 54 lots 80 acres 153 lots 58 acres 101 lots 80 acres Unknown 3.3 8 lots 80 acres Unknown 725.8 acres 959 known lots + 4 projects (for a total site area of 279 acres) with unknown total lots To assist in comparing these lot counts to recent building activity. Building Department records indicate that 568 single and multiple family units were issued building permits in 2005 and 744 were issued in 2004. Staff is cognizant of the substantial efforts that have gone into developing an overall plan for the subject property, and specifically one that could include a future elementary school, and is generally supportive of planning for larger areas. However, because of the direction Council has taken in evaluating requests in the Phase II MUSA area; because of the sanitary sewer capacity issues which are under analysis; the number and level of current developments and acreages either under review or H:\BOAA-PC\2006\04-20\annexRyan0603 7.doc 2 expected to be received, at this time staff would recommend that only those parcels within Phase I MUSA staging area (parcels shown in purple and pink) be annexed into the City of Shakopee at this time. The development of the remaining parcels does not yet appear to be timely, and therefore staff recommends denial of the annexation ofthose parcels at this time, ALTERNATIVES 1. Recommend to the City Council that the proposed annexation proceed, in its entirety. 2. Recommend to the City Council that a portion ofthe proposed annexation proceed at this time. 3. Recommend to the City Council that the annexation not proceed at this time. 4. Continue the item for additional infonnation. STAFF RECOMMENDATION Staff recommends alternative no. 2 for the reasons outlined above. RELATIONSIDP TO VISIONING This action supports Goal D. Vibrant, Resilient, and stable and Goal E. Financially Strong. ACTION REQUESTED Offer a motion recommending to the City Council that the annexation of property within the primary MUSA staging area proceed at this time and that the remainder ofthe subject properties not be annexed at this time, and move its adoption (Alternative No.2). ~b~~ ~ie Klima anner II H:\BOAA-PC\2006\04-20\annexRyan06037 ,doc 3 r P1\2Ol141087\dwa\200410S7SKf"03.dw ____ ; 101191200' I ~ -. ~ In :e - ;H I it~ i i I I i J l' - ----- ------,_.- ----- ------ - I __________u_ , u~ i : , I i : , I i : , I -----u----i : . i i . , 1 \ \ mr . I , . ! . \ i . , . I , , i \ , , r ... 1 mlllI! I ~ rtni , , I i ;~Il I g: i!: d , 'i I , I"t ! . I a- II , , l:l l, I ~ 1 ! ~ : ! . ----J--~ , .... ~ g: , ....;- I ~ , I ~ . ill , I , , 1 r-...,: I II I \ \ _\ L": -'-__ I ~ _J. ~~ - L -