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Home My WebLink About9.B. Petition from Marystown LLC for Annexation of certain Lands in Jackson Township OJ. 13, CITY OF SHAKOPEE Memorandum CASELOG NO.: 03005 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Public Hearing on Petition of MARYS TOWN, LLC for the Annexation of Certain Lands in Jackson Township MEETING DATE: February 4, 2003 INTRODUCTION: Council is asked by the petitioners to consider the annexation ofthe subject property, which is located at the intersection ofT.H. 169 and Marystown Road/CSAH 15. A copy of the petition, as well as the report to the Planning Commission is attached for the Council's information. ALTERNATIVES: 1. Close the public hearing, and direct staffto prepare an ordinance approving the requested annexation for consideration at the February 18, 2003 meeting. 2. Close the public hearing and direct staff to prepare a resolution denying the petition for annexation based on specific findings of fact for consideration at the February 18, 2003 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 January 9,2003, and recommended that the annexation proceed. Prior to making its recommendation, the Commission members expressed concern that great care is taken in developing this area so that it yields a well-designed, attractive, long-term neighborhood for the City. ACTION REQUESTED: Offer a motion consistent with the Council's wishes.. ~~ R. Michael Leek Community Development Director ~ --~: T~--, ,""" ,-. ,.-. "~rW~ MARYSTOWN, LLC 304 York Business Center f/J):- ' 3209 West 76th Street '. " C"" jlJ!} 0}-' "'.. Edina, Minnesota 55435 jll '-'.!J '-.. '. ~ Telephone: (952) 831-2400 '!It/ S(p 0: '. /lJ t Fax: (952) 831-0722, /f!!; . <'00<, ~ .' ~- !J' . ~-. ' - If "<'- L ~'<~'~, ..../ "'>.""'~' "<0. ! August 29, 2002 ~"0:'--.. ",. The Honorable Mayor William Mars City Council City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Petition for Annexation Dear Honorable Mayor Mars and City Council Members Please be advised that Marystown LLC, is submitting a petition for orderly annexation under MINN. STAT. Sec. 414.033, subd. 2 (3). The property which we proposed to have annexed to the city is the Cozine property which we have purchased by contract for warranty deed from them and the property purchased from the State of Minnesota as excess right of way property. This property lies east of Marystown Road and south of Highway 169 right of way. I have attached a copy of the legal description for your review. The purpose of this letter is to formerly present a petition for annexation before the council, a copy of which is attached hereto. Thank you very much for your attention to this matter. Sincerely, t W MtMluLv-- J W. Blanchar Member ofLLC JWB:jms , , , PETITION FOR ANNEXATION PURSUANT TO MINN. STAT. ~ 414.033, SUBD. 2(3) TO COUNCIL OF THE CITY OF SHAKO PEE, MINNESOTA: We, the undersigned, being all the property owners of the land described below, hereby request the City Council to annex the land to the City and to extend the City boundaries to include the land and for that purpose respectfully state: 1. The land abuts the south boundary ofthe City, is 60 acres or less, and is legally described on the attached Exhibit "A" (hereinafter "Subject Property"). 2. The Subject Property is not presently served by public sanitary sewer and water facilities and public sewer and water facilities are not otherwise available. 3. All of the Subject Property is or is about to become urban or suburban in character; and none of the Subject Property is presently included within the corporate limits of any incorporated city. 4. The petition is made pursuant to Minn.Stat. 414.033, Subdivision 2 (3). 5. The undersigned certify that they constitute all of the owners of the Subject Property. OWNERS: Dated: J . '?7-- I . 0 7- LLc.. Dated: ~~~ Dated: ~ (Sio z... .--. - ----- . ..-- . . 11/1. / , EXHIBIT "A" The Sloueh s~ven (7) rods of the Northwe:n::. Quarter 01: che Northwest Quarcer of Section 13. 'I'ownghip 115N, !tango 23W Scott County, Minnesot:.~, EXCRli''I'ING therefrom the Eas~ twalve (l~) fe~t thereof. Al~D ehat pare of the So~chwcse Quarter ot the Northwest: ~~arter dascribed as foJ.~ows: Eieginn.ing at: the Nortl.oasc corner o~ the said SW 1/4 of the NW J./'.L; thence West:e:x;-ly en t:he North i ir1e ehereof to che Northwest corne:x;- thereOf; thence South(l:t;'ly along thE> Wost line theree! a d~stance o~ 207.26 feet; thence EDSter~y at right: angles a distance of 350.0 feet; thonce SoUthe:x;-ly at :J:'ight angles a discance of 350.0 fcot'.;thence Easterly at :r.-ight l!lugle.ll t:o the east line ot sai~ SW 1/4 o~ the NW 1/4; ehene-a Noreherly to the poine of b~9Lnn:ln91 EXCE~TING therG~rom the followir~ described trace: a09~nnin9 a~ cheuQr~h=ase cor.ner of I:he,SW 1/4 of Ch0 NW J./.tJ.; ehance Westerly on ~he Norch,11ne thereof a di~tance of cwc1ve (J 2) :fooo t ; che.uce Soueh<!lrly to a point:. on t:he South J.ine oj! ~he 3bove described t~-~ct diSl::ant sixteen (J.IS) ~eet Wast of the Southsast corner thereot:; thence Ea~torly on said South line a di~t~nce or aix~een (3,E)) feec t:othe SOucheasl: cornor; thence Northerly on the Ease line to ehe Norchease C01.~Gr ot! said tract $nd th~re torminat1ng. Rec:ordl!l of Scott Com.ey, M1nne&:lo-ea. }I.b!:lt:ract: Property. - ...----..-.--.... . L-/ I ~ , ~ April 13, 2000 7005046 DESCRIPTION FOR RECONVEYANCE Parcel 46 C.S. 7005 (101 =187) 901 All of Tract A described below: Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115 North, Range 23 West, Scott Caunty, Minnesota, described as follows: Beginning at Right .of Way Boundary Corner B27 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 70-2 as the same is an file and of record in the office of the County Recorder in and for said caunty; thence soutnerly an an azimuth .of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70-2 for 702.84 feet ta Right .of Way Baundary Corner 828; thence an an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet an a non- tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on anazimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence an an azimuth of 95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point "A"; thence on an azimuth 0159 degrees 22 minutes 42 seconds for 812.22 feet to the point. of beginning; excepting therefrom that part contained within the following described ,. tract: Beginning at a paint on the west line .of said Section 13, distant 685.6 feet south of the narthwest carner thereaf; thence run south along said west section line for 320 feet; thence east at rightangles ta said west line far 207.65 feet; thence narth at right angles for 320 feet; thence west at right angles for 207.65 feet to the paint of beginning; . containing 10.92 acres, more .or less; Subject to the following restrictians and reservations: No access shall be permitted to Trunk Highway No. 169 or to County State Aid Highway No. 15 from the lands herein conveyed; - I Parcel 46-continued (2) April 13, 2000 7005046 The State of Minnesota reserves a drainage easement in perpetuity over that part of the lands herein conveyed described as follows: Beginning at Point "A" as s~t forth above; thence northeasterly on an azimuth of 59 degrees 22 minutes 42 seconds along the northerly line of Tract A hereinbefore described for 103.84 feet; thence on an azimuth of 193 degrees 04 minutes 26 seconds for 170.76 feet; thence on an azimuth of 166 degrees 30 minutes 30 seconds for 111.80 feet; thence on an azimuth of 283 degrees 04 minutes 24 seconds for 90.00 feet; thence on an azimuth of 351 degrees 16 minutes 22 seconds'for 107:70 feet; thence on an azimuth of 13 degrees 04 minutes 26 seconds for 98.41 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 4.96 feet to the point of beginning; containing 0.44 acre, more or less. ~l\ CITY OF SHAKOPEE Memorandum CASELOG NO.: 03-005 TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Petition of Marystown L.L.c. for the Annexation of Certain Lands located in the southeast quadrant ofT.H. 169 and CSAH 15/ Marystown Road in Jackson Township MEETING DATE: January 9,2003 INTRODUCTION: The City received a petition dated 7/31/2002 from the above-named petitioners for the annexation of about 30 acres ofland from Jackson Township into the City of Shako pee. On February 4,2003 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: Land Use/MUSA: 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. With the assistance of Northwest Associated Consultants (NAC), the City is in the process of updating its Comprehensive and Land Use Plans. At a recent workshop NAC shared some general concepts for this area that would include higher- density residential uses than are shown in the adopted Land Use Plan. The types ofland uses that are appropriate for the subject property are, in part, dictated by the character of the roads that abut the subject property. T.H. 169 is, of course, a high-volume principal arterial. Traditional planning principles would suggest a transitional land use (such as commercial or medium-density residential) immediately adjacent to such an arterial. Should the Council ultimately decide that the subject properties should be annexed into the City, that action does not constitute a guarantee of any particular land use guiding or zoning. Both guiding and zoning will need to be determined after separate public processes once the property is within the City's jurisdiction. G:\BOAA-PC\2003\O 1-09\annexmarystown.doc - 1 - Infrastructure: Roads: The subject property is bounded on the west by CSAH 15/Marystown Road. The future extension of 1 ih A venue would be to the south. Access to the properties is limited by MNDOT access control for T.H. 169. The County is currently preparing a corridor study for 1 ih A venue. Among the issues that the study will/will need to address is access spacing. The City's spacing guidelines call for 1/8 niile spacing, while generally, the County calls for ~ mile spacing. Sanitary Sewer: The Chaska Interceptor runs through this area, and has sufficient capacity (which the City has already paid for) for development of the subject properties. Water: Water service needs to be extended to the subject properties from existing development to the east. The timeline for extending and looping this service are issues that need to be specifically addressed with the Shakopee Public Utilities Commission. Storm Sewer: Surface water drainage systems are not established for this area of the township, and would need to be resolved as a part of any future development ofthe subject property. ALTERNATIVES: I. 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 information. ACTION REQUESTED: Offer a motion consistent with the Commission's wishes. /5 4~-/.~~ R. Michael Leek Community Development Director G:\BOAA-PC\2003\0 1-09\annexmarystown.doc -2- PETITION FOR ANNEXATION PURSUANT TO MINN. STAT. 9 414.033, SUBD. 2(3) TO COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: We, the undersigned, being all the property owners of the land described below, hereby request the City Council to annex the land to the City and to extend the City boundaries to include the land and for that purpose respectfully state: 1. The land abuts the south boundary of the City, is 60 acres or less, and is legally described on tIle attached Exhibit "A" (hereinafter "Subject Property"), 2. The Subject Property is not presently served by public sanitary sewer and water facilities and public sewer and water facilities are not otherwise available. 3. All of the, Subject Property is or is about to become urban or suburban in character; a.nd none of the Subject Property is presently included within the corporate limits of any incorporated city. 4. The petition is made pursuant to Minn.Stat. 414,033, Subdivision 2 (3). 5. The undersigned certify that they constitute all ofthe owners of the Subject Property. O"YNERS: Dated:'l . ~ l . tJ 1..-- Dated; Dated: f0( d(j 1- ~ ..-. - -- .._a ...- j ~ h..... v..Ow...... j-nn I1V. C!'::'~OO'iLO.:J 1". 11/11 W,",&I ... __ ...... .......... .... &..Iv.",.u...., I SXHIBIT ",lV 'TIle SO\lt:h J;1C11Ven (7) rods of the NoX"thwe:;t: Qua:n::er ot: ~he Northwest:. O:uarl::e.:z:.- Or 'SeCC~Qn 13. Town3h1p 115N, Rangs 23W SCOtt Councy. Minnasot~. ~C~PTrNG theX"e~rom ~he ~asl: twolve {1~1 feet:. ~hereof. Al{D chQt:. p~X"c of t:.he So~~hwcsc Quart:.er c~ the Norchwesc Qu~rceX" d~sCr~bed as follows; Beginning at: the N'ortbcast: corner o~ we EJaid SOW 1/4 of the NW J./.a.: tJ1encC:! We:st:terly an ~he North line c.hereo:C' to t:l1e Nortl1w6!ll: corne.:r." t:he:x:eof; t:heoce! Southe:r:-ly o:l.long thEs WCSI'l:. ~ine theX"eo~ ~ d~s~~nce or ~07.26 feet:.: thence Eu6ter~y at r~ght ang~e.s a uist:.ance of 350.0 ~eet:; thonC6 SoU~herly at: right angles a d~scancc of 350.0 fcac.; t:hiLIQc:e East:erly" at: :r."iShc alllgl"es co the east l:i.ne o~ sa:l.c:l SW J./<J. o:e t:.he. NW 1/4; chenca Norcher~y to ~he Voin~ of bcginn~9. ~C~~T~NG ~hera~rom che following dea=:!.be.d crace: Boginn.:l.2'lg at: c1~e N'orthe;!lSC <:=0="":':- c~ ",he SW 3./4 Or; che ~ 1/4; thance Westerly on ~h~ Nor~h"~~o6 cne~eof a d~stance o~ tWCl~Ve (l~J f~oe: ch~o~e Sou~hQr2~ co ~ PQ~nt:. on ~he Sou~h 1ine at ~h6 3bove descr:l.bed tr~ct diseant e1xceen (~Ql reet Wa5t of the So~thea3C corner cnereo~; thence Sa:ltorly 0:1 said South l.in"" ;>. dic:t<lnce ot: sixt:...en C~6" feet: co c:Jle SOUcheast: CO~C1r: thence Nort:hc:rly on t:he e~Sl: ~i11e toO l:l~e bl'orc.hear,;t: CO:L-nGr of said tracl; ;;>nd ~hQre tcrrn:l.nat::i.ng. ' Record.!!: of Scott C01.U1CY, r-t:l.nneco"Ca. Ab=cracc prope3.~Y. '---"-'--~_. ,.-.-". ---- .--' .LJI::- - -., - c..-", . I ~ April 13, 2000 ~ 7005046 DESCRIPTION FOR RECONVEYANCE Parcel 46 C.S. 7005 (101 ==187) 901 All of Tract A described below: Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115 North, Range 23 West, Scott County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner 827 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 70-2 as the same is on file and of record in the office of the County Recorder in and for said county; thence soutnerly on an azimuth of 179 degrees 05 minutes 21 seconds alQng the boundary of said Plat No. 70-2 for 702.84 feet to Right of Way Boundary Corner 828; thel!ce on an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet on a non- tangential curve, concave to the east, having a radius of 2764.80 feet, a delta, angle of 03 degrees 22 minutes 49 seconds and a chord azirFluth of 04 degrees 15 minutes 44 seconds; thence on tangentto said curve on an azimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point uA"; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point.of beginning; excepting therefrom that part contained within the following described tract: Beginning at a point on the west line of said Section 131 distant 685.6 feet south of the northwest corner thereof; thence run south along said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence north at right angles for 320 feet; thence west at right angles for 207.65 feet to the point of beginning; containing 10.92 acres. more or less; Subject to the following restrictions and reservations: No access shall be pertnitted to Trunk Highway No. 169 or to County State Aid Highway No. 15 from the lands herein conveyed; - "'- -- - - I Parcel 46-continued (2) Apri/13,2000 7005046 The State of Minnesota reserves a drainage easement in perpetuity over that part of the lands herein conveyed described as follows: Beginning at Point "A" as s~t forth above; thence northeasterly on an azimuth of 59 degrees 22 minutes 42 seconds along the northerly line of Tract A hereInbefore described for 103.84 feet; thence on an azimuth of 193 degrees 04 minutes 26 seconds for 170.76 feet; thence on an azimuth of 166 degrees 30 minutes 30 seconds tor 111.80 feet; thence on an azimuth of 283 degrees 04 minutes 24 seconds for 90.00 feet; thence on an azimuth of 351 degrees 16 minutes 22 seconds for 107:70 feet; thence on an azimuth of 13 degrees 04 minutes 26 seconds for 98.41 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 4.96 fe.et to the point of beginning; containing 0.44 acre! more or less. .......- - --- ==~ )~ 8TH 169 ~ = ~5A .,-~ N ~ W-*E SHAKOPEE COMlolUNllYPRtDESUICE IIlS7 S Marystown L.L.C. Annexation o Zoning Boundary , I Parcel Boundary : ~ Parcel Area in Question