HomeMy WebLinkAbout8.A.1. Interim Ordinance establishing a Development Moratorium on certain lands in western Shakopee General Business 8. A. 1.
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TO: Mayor and City Council
FROM: R. Michael Leek, Community Development Director
DATE: 02/03/2015
SUBJECT: Interim Ordinance Establishing a Development Moratorium on Certain
Lands in Western Shakopee (B)
Action Sought
The City Council is asked to offer and approve Ordinance No. 900, establishing a
one-year moratorium on development on lands in western Shakopee that will be the
subject of a master land use study.
Background
On January 20, 2015, the City Council authorized staff to prepare and issue a
request for proposals for a master planning study for the area bounded on the north
by Vierling Drive; on the west by CSAH 69; on the south by CSAH 78; and on the
east largely by CSAH 15 and the interchange at TH 169 and CSAH 15. The
Council also directed staff to bring forward an interim ordinance placing a
moratorium on development on the land in the study area that is within the City.
The maximum period of the moratorium is one (1) year, but the moratorium may be
lifted by Council action prior to this if the study is completed earlier.
Staff has sent the attached letter to owners of undeveloped land in the Study Area,
that is within the City limits, to notify them of the proposed moratorium.
Recommendation
Staff recommends adoption of the Ordinance.
Budget Impact
There is no direct impact from the requested action.
Relationship to Vision
This item relates to Goal B. Positively manage the challenges and opportunities
presented by growth development and change.
Requested Action
If the Council concurs, it is asked to offer and approve Ordinance No. 900,
establishing a one-year moratorium on development on lands in western Shakopee
that will be the subject of a master land use study.
Attachments: Ordinance 900
Letter to Impacted Property Owners
ORDINANCE NO. 900,FOURTH SERIES
AN INTERIM ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA
ESTABLISHING A MORATORIUM ON ALL DEVELOPMENT IN A PORTION OF THE
CITY OF SHAKOPEE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS:
Section 1. Recitals
1. On January 20, 2015,the City Council directed that the City staff conduct a study of
land use,transportation/roadway improvements, and infrastructure expansion in the
area generally bounded by TH169 and CSAHs 15,69, and 78 ("Study Area"). The
City Council further directed that the study be undertaken with the participation of
Jackson Township, affected property owners and developers, as well as Scott County.
A map depicting the boundaries of the Study Area is attached to this ordinance and
incorporated by reference.
2. No building permits, conditional use permits (CUP),planned unit development
(PUD), or plat applications for any proposed development in the Study Area are
currently pending with the City.
3. Minnesota Statutes, Section 462.355 Subdivision 4 allows the City to adopt an
interim ordinance to protect the City's planning process and the health, safety and
welfare of the citizens of the community.
4. The City Council finds that it is necessary to adopt an interim ordinance to allow
sufficient time for the study to be conducted and to determine whether there is a need
to amend the City's official controls or its comprehensive plan.A moratorium on
development in the Study Area is also needed to allow time to correct any defects, or
clear up any ambiguities in the City's Comprehensive Plan and zoning ordinance.
Section 2. Study. The City desires to conduct an in-depth study of the following:
• The market for residential, commercial and business park uses in the Study Area;
• The most desirable mix of the above-named uses in the Study Area, as well the most
desirable location for said uses;
• The roadway improvements that might be needed to accommodate the identified uses;
• The possible general staging of sanitary sewer, water, surface water management
infrastructure needed to facilitate development in the Study Area.
Section 3. Temporary Prohibition. Pending the completion of the study referred to
above and the adoption of new or amended official controls, no development application,
1
including but not limited to plat,PUD, CUP, or building permit applications for property located
in the Study Area shall be accepted, reviewed,processed or approved.
Section 4. Area Impacted by the Moratorium. This moratorium applies to all land in the
Study Area.
Section 5. Duration. Unless sooner repealed by the City Council, this ordinance shall
remain in effect for one year after its adoption and publication.
Section 6. Enforcement. The City may enforce this ordinance by mandamus, injunction
or other appropriate civil remedy in any court of competent jurisdiction.
Section 7. Separability. Every section, provision and part of this ordinance is declared
separable from every other section, provision and part thereof. If any section, provision or part
of this ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section,provision or part of this ordinance.
Section 8. Effective Date. This ordinance shall take effect upon its adoption by the city
council and publication in the city's official newspaper.
Adopted in regular session of the City Council of the City of Shakopee,Minnesota held the
day of ,2015.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2015.
2
(Property Owner Name)
(Address)
RE: Proposed Interim Ordinance for up to a One(1)Year Moratorium on Development
Dear(Property Owner):
On Tuesday, February 3, 2015 at or about 7:00 p.m.the Shakopee City Council will consider the adoption
of an interim ordinance that would establish up to a one (1)year moratorium on development
applications for properties, including yours, in western Shakopee.
The purpose of the moratorium would be to allow time for the completion of a master land use planning
study for the lands depicted on the attached map. It is expected that the study will address the likely
location of desirable land uses, additional roadway,sewer and water extensions. Planning for the entire
study area in a comprehensive way may lead to the more effective and efficient layout and investment
in infrastructure. This, in turn, can allow for the costs of installing infrastructure to be shared by more
benefiting parties rather than being born disproportionately by the first parcel/property owner to
develop. In addition, by identifying the anticipated uses and development proposed for neighboring
parcels can decrease the unknown and thereby increase the value of a land in the study area to
developers.
Very soon after the February 3, 2015 the City will be issuing a request for proposals (RFP)for consultant
services to complete the study. It is possible that the study would be completed within six(6 months),
in which case it would be anticipated that the moratorium would be lifted before the expiration of one
(1)year.
If you have any questions regarding either the February 3rd meeting and proposed action, or the
proposed study. Please feel free to contact me at (952) 233-9346 or mleek@shakopeemn.gov.
Sincerely,
R. Michael Leek
Community Development Director
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January 30,2015
Kris Wilson,Acting City Administrator (via email only at kwilson @shakopeemn.gov)
City of Shakopee
129 Holmes St.S.
Shakopee, MN 55379
RE: Proposed Temporary Moratorium on Development
Ms.Wilson:
Thank you for meeting with us last Friday to discuss the City's plans to consider a temporary moratorium on
development for the area south of Highway 169 between Marystown Road and County Road 78,and how it may
impact the approximately 76 acres that we own.
While we have concerns about how it affects our ability to move forward in the short-term,we understand and
appreciate the City's desire to take a global look at this area to ensure the best long-term results. In fact,we
maintain our previously expressed support for a review of the feasibility of proposed infrastructure necessary to
serve the area and how it benefits and may be spread to various properties. We've studied most of this area
extensively over the last ten years and will make available whatever information we can to assist City staff and its
consultants as part of the master planning process.
If the moratorium is enacted,we understand that development of affected properties will not be able to occur
during the 2015 construction season. We do have concern, however,that if the moratorium continues for a full
year that we may also lose the 2016 construction season since any proposed project will require design based on
the study results, preliminary and final plat approvals,and project permitting. If a project does not have the
benefit of a full 2016 construction season,the earliest any building construction could occur is likely late fall of
2017.
Due to the amount of work we've done in this area, we respectfully request consideration for a moratorium
shorter than one year. In addition,we'd appreciate the opportunity to have meaningful participation in the study.
Finally,we request that the study also include a review of planned infrastructure that would benefit multiple
properties,or even the entire study area,and how the costs of such infrastructure can be equitably spread among
benefitted properties.
Sincerely,
Ron Mullenbach
Land Manager
D.R.Horton,Inc.-Minnesota
20860 Kenbridge Court,Suite 100
Lakeville,MN 55044
www.drhorton.com