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Home My WebLink About9. Annexation of Certain Lands in Jackson Township 9 CITY OF SHAKOPEE Memorandum CASELOG NO.: 02-017 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Public Hearing on Petition of LeRoy J. Bauer, Lila Bauer, Norbert N. Theis, Corrine R. Theis, and John Erlandson for Shakopee Valley Training Farm, Inc. for the Annexation of Certain Lands in Jackson Township MEETING DATE: January 7, 2003 INTRODUCTION: On January 7,2003 the City Council continued the public hearing on the proposed annexation 1) in order to allow the Pla1U1ing Commission to review the request, and 2) allow certain representatives of the Township and petitioners to be present. ALTERNATIVES: 1. Close the public hearing, and adopt Ordinance No. 652, an ordinance annexing the subject properties. 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 January 21,2003 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 7-0 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 to adopt Ordinance No. 652. ~ d:k~-L R. Michael Leek Community Development Director G:\CC\2003\01-21\annexphTheisetal.doc - 1 - . ORDINANCE NO. 652, 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 LeRoy J. Bauer, Lila Bauer, Norbert N. Theis, Corrine R. Theis, and John Erlandson for Shakopee Valley Training Farm, Inc., all ofthe owners of the property described below, filed a properly prepared Petition requesting the annexation to the City of Shakopee ofreal 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 Shakopee has received a properly prepared Petition for annexation from all ofthe owners ofthe 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 Shakopee and Jackson Township. 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 Tuesday, January 7,2003 and Tuesday, January 21,2003, 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 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. G:\CC\2003\01-21\annexphTheisetal.doc - 2- Section 9 - This ordinance takes effect upon its passage and publication and filing of certified copies as directed in Section 8 and approval of the ordinance by the Minnesota State Planning Agency. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 218t day of January 2003. Mayor ofthe City of Shakopee 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 ,2003. G:\CC\2003\01-21\annexphTheisetal.doc - 3 - CITY OF SHAKOPEE Memorandum CASELOG NO.: 02-017 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Public Hearing on Petition of LeRoy J. Bauer, Lila Bauer, Norbert N. Theis, Coni.ne R. Theis, and Jolm Erlandson for Shakopee Valley Training Farm, Inc. for the Annexation of Certain Lands in Jackson Township MEETING DATE: January 7, 2003 INTRODUCTION: The City received a petition dated 11/29/2001 from the above-nmned petitioners for the annexation of about 128 acres ofland from Jackson Township into the City of Shako pee. A copy of the petition is attached for the Council's infomlation. Council is asked to conduct a public hearing on the petition, alld provide direction or make a decision whether to almex the subj ect property. DISCUSSION: The petition was first reviewed by the City Council on January 15, 2002, by which time Jackson Township had interposed an objection to the annexation until the Township and City had concluded an orderly annexation agreement. With Scott County staff acting as facilitators, an orderly annexation agreement was completed, executed by the Township and the City, and accepted by the Boundary Adjustments Office of the MilUlesota Plalming Agency by September of 2002. Land Use/MUSA: The petitioners have had discussions with Tollefson Development Company (Tollefson) regarding the purchase and development ofthe subject properties. Tollefson, in turn, has shared with the Township, City staff, and County staff a general concept for land uses on the subject property. This includes substantial areas of high-density and medium-density residential, as well as single-family and neighborhood commercial. 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. G:\CC\2003\Ol-07\annexphTheisetal.doc - 1 - 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, as well as roads planned to run through the subject site (i.e. 1 ill Avenue). 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. An additional factor to consider in detennining the land uses for the subject properties is the adjacent ISD 720 property. Uses planned for the subject properties should be compatible with a possible future school campus that would include both elementary and secondary schools. Tollefson would propose the development ofthe subject properties, and an additional 22 acres that would allow the extension of 17th Avenue all the way to CSAH 15/Marystown Road. In total, this would represent the extension of MUS A to properties totaling about 7% of the City's ten-year allocation of MUS A. Should the Council 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. Infrastructure: Roads: The subject property is also bounded by two county roads, i.e. CSAH 79 and 77. Finally, 1 ih Avenue would extend east west through the property. 17th Avenue is currently a 4-lane City collector street. Long-term intentions on the part ofthe County have been to have 1 ih A venue turned over to the County. There is no agreement currently for the "turn back" of 1 ih A venue, as it would run through the subject property. 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 mile spacing, while generally, the County calls for ~ mile spacing. Because of the proximity ofthe school district property, the location of controlled pedestrian access will be a significant issue as and when the subject properties develop. 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: G:\CC\2003\Ol-07\almexphTheisetal.doc - 2 - 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: 1. Close the public hearing, and direct staffto prepare an ordinance annexing the subject properties for consideration at January 21, 2003 meeting. 2. Close the public hearing and direct staff to prepare a resolution denying the petition for annexation based on specific findings offact for consideration at the January 21,2003 meeting. 3. Close the public hearing, but table the petition for additional infonnation. 4. Continue the public hearing for additional infonnation. PLANNING COMMISSION REVIEW: The Plmming Commission will review the proposed atUlexation at its meeting of January 9, 2003, with particular attention to the land uses proposed for the subject properties. ACTION REQUESTED: Offer a motion consistent with the Council's wishes. ./f~ R. Michael Leek Community Development Director G:\CC\2003\01-07\armexphTheiseta1.doc - 3 - - '. IN THE MATTER OF SHAKO PEE VALLEY TRAINING FARMS, INC. AND LEROY J. BAUER AND LILA A. BAUER AND NORBERT N. THEIS AND CORRINE R. THEIS AND NORBERT N. THEIS AND CORRINE R. THEIS AS TRUSTEES OF NORBERT N. THEIS REVOCABLE TRUST UNDER AGREEMENT DATED MARCH 27, 1992, AS AMENDED NORBERT N. THEIS AND CORRINE R. THEIS OR THEIR SUCCESSORS AS TRUSTEES FOR ANNEXATION PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 5 TO: council of the city of Shakopee, Minnesota AND Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street - Room 300 st. Paul, MN. 5~155-l6.03 PETITIONERS(S) STATE: The property owner or a majority of the property owners in number are required to commence a proceeding under M.S.4l4.033, subd. 5. It is hereby requested by all of the property owners of the area proposed for annexation to annex certain property described herein lying in the Township of Jackson to the City of Shakopee, County of Scott, Minnesota. The area proposed for annexation is describ~d as follows: That part of the East Half (E l/2) of the Northwest Quarter ( NW 1 / 4 ) of Section 13, Township 115 North Range 23 West, Scott County, Minnesota, lying southerly of the Minnesota Department'of Transportation Right of Way Plat Number 70-2. AND That part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SH 1/4) of Section 13, Township 115 North, Range 23 West, Scott County, Minnesota, lying Northerly of the plat of Fox Meadow Estates, AND The Northwest Quarter ( NW 1 / 4 ) of the Northeast Quarter (NE 1/4) of Section 13, Township 115 North, (1) . Range 23 West, Scott County, Minnesota, lying southerly of the Minnesota Department of Transportation Right of Way Plat 70-2, AND That part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 13, Township 115 North, Range 23 West, Scott County, Minnesota, which lies northerly of the following described line: Commencing at the northeast corner of said Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4); thence along the east line thereof, South 02 degrees 07 minutes 07 seconds East, assumed basis of bearings, a distance of 755.00 feet to the point of beginning of the line to be described; thence South 87 degrees 52 minutes 53 seconds West 1348.40 feet to a point on the west line of said Northeast Quarter (NE 1/4) of the Noctheast Quarter (NE 1/4) , distance thereon 906.50 feet southerly of.the northwest corner thereof, and there terminating, except that part therof contained within Minnesota : 'Department of Transportation Right of Way plat No. 70-20 as on file and of record in the office of the County Recorder. AND That part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 12, Township 115 North, Range 23 West, lying southerly of the Minnesota Right of Way Plat No. 70-20. 1. There are 5 property owners in the area proposed for annexation. 2. 5 property owners have signed this petition. , 3. Said property is unincorporated, abuts on the city's South boundary, and is not included within any other municipality. 4. The area of land proposed for annexation, in acres, is: 127.978 Unplatted 0 Platted 127.978 Total. 5. The reason for the requested annexation is: the subject property has become urban in character. 6. The area proposed for annexation will be zoned agricultural. (2 ) . 7 . The petitioners have complied with M.S.4l4.033! S ubd . 13. 8 All of the area proposed for annexation is or is about to become urban or suburban in character. 9 . The area to be annexed is not included in any other boundary adjustment proceeding pending before Minnesota Planning! Municipal Boundary Adjustments. 10. The area proposed for annexation is not included in any area that has already been designated for orderly annexation pursuant to M.S.414.0325. PETITIONERS REQUEST: That pursuant to M.S.414.033, the property described herein be annexed to and included within the city of Shakopee, Minnesota. Dated: jt-7..q-o( Signatures: J~i (J~ ~' ~.~ ,~ ~ //;J~$~ . ~~ I. . ~ fJlAL. .- 5~~K~ 1i1at~F~ ,~. ,- - (3 ) . . '2.~~S. - .- . . .. ... ~.-. -. ~* . ...- -- -- - ~ 0 00 -. . 81)\ .....J # -. ..r. ~ w - p ~ -. w 0) .Jo. ~ f" 8 f co P 8 -a. ~ -. w W .Jo. ~. : 8 1 0 ... -a. N 8 t W\ . I m co en -. w o' S n "CO .... 0' .... ::;1. KOEPER - 0; e COUNlY RO.AD n ~ ~ O( - c' AV. o. j: f . ... . 69130130 'a 3:( -. ( :::J( ::Sf (I) (' . - ~ tn. 0' z Dr ;Z :I: ~ W ~ " .... W ~ . '"-J <? ... - MINN.HWY. RNV PLAT NO. 70.20 . MINN. HWY R/W PLAT 70-20 ., "fI.6' ~ ~ "'t,~ II .. ~ ~ C :z: f- ~ 5 a. .:tf:.4 ~ , #3 , > ~ e I q . 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