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HomeMy WebLinkAbout01/25/1999 TENTATIVE AGENDA ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 25, 1998 -Monday- LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 6:00 p.m. 2] Approval of Agenda 3] Discussion of Position Letter on Metropolitan Airports Flying Cloud Expansion 4] Other Business 5] Work Session a. Development Issues 6] Adjourn 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Metropolitan Airports Commission Letter DATE: January 22, 1999 INTRODUCTION: The Council is asked to direct staff to send a letter of support for position taken by the City of Eden Prairie on the Flying Cloud Airport expansion. BACKGROUND: Burl Zorn and Councilor Bob Sweeney are representing Shakopee on a study committee that has been formed by the Metropolitan Airport Commission regarding possible expansion of facilities at the Flying Cloud Airport. While Shakopee,Eden Prairie, and Bloomington,have representation,it appears that pro-airport interests have the majority of the seats on the committee. The attached letter from Eden Prairie Mayor Jean Harris expresses that City's displeasure with elements of the EIS scoping document. Specifically, it ignores past decisions and restrictions relative to comprehensive plans and development activities. Councilor Sweeney received a copy of this letter, and suggests that the Shakopee Council send a letter of support for Eden Prairie's position. RECOMMENDATION: We recommend that staff be directed to send a letter stating the City's support for Eden Prairie's position on the airport expansion issue. ACTION REQUIRED: If the Council concurs,it should,by motion, direct staff to prepare a letter for Mayor Brekke's signature stating the City of Shakopee's support for Eden Prairie's position on the Flying Cloud Airport expansion proposal. Mark McNeill, City Administrator MM/tiv-h:\tami\admin\mac City of Eden Prairie City Offices 2,15 Eden 8080 Mitchell Road • Eden Prairie, MN 55344-4485 prairie Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 January 20, 1999 Mr. Pierson M. Grieve, Chairman Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450-2799 Mr. Curt Johnson, Chairman Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101-1634 SUBJECT: Flying Cloud Airport Noise Impact and EIS Scoping Document Dear Mr. Grieve and Mr. Johnson: Several significant changes have occurred in the preparation of the EIS which are of great concern to the City. Noise impact zones have changed dramatically and the scope of the environmental review has been artificially reduced. The City of Eden Prairie objects to the potential impact upon development of land within the noise zones surrounding the airport based upon the revised noise contour forecast prepared for the Flying Cloud Airport EIS. The noise zones were initially adopted by the Metropolitan Council in 1983. At that time noise zone D applied only to land outside the Metropolitan Urban Service Area(MUSA). Noise zones B and C were on Metropolitan Airports Commission(MAC) property. The limits were based upon the MAC's 1979 EIS for a runway extension to 3,900 feet. In 1995,the same limits were applied,however,noise zone D became applicable within the MUSA as opposed to affecting land only outside the MUSA. The noise zone limits were then considerably expanded in 1996 based upon noise contour forecasts contained in the 1992 Long Term Comprehensive Plan (LTCP) approved by the Metropolitan Council in 1996. At this time, noise zone C expanded well off MAC property creating an incompatibility with Eden Prairie's approved Comprehensive Guide Use Plan. Finally, in 1997, MAC revised the noise contours again for inclusion in the draft EIS that is currently being prepared. This contour doubled in size from the LTCP contour and affects an even greater area of Eden Prairie. The impact of the 1997 revisions will greatly impact the use potential of the remaining developable land in Eden Prairie if the Metropolitan Council adopts this noise contour as the limits of applicability for Land Use Compatibility for Aircraft Noise in the Aviation Chapter. recycled Paper Mr. Pierson M. Grieve Mr. Curt Johnson January 20, 1999 Page 2 Beyond the regulatory land use conflict that will occur,if this projected noise is an accurate representation of noise levels expected,the actual impact of the airport is much greater than portrayed at the time of approval of the LTCP. We believe the airport expansion is well beyond the scope of approvals of the LTCP. Historically, it should be noted that the Metropolitan Council first approved Eden Prairie's Comprehensive Guide Use Plan in 1981. This plan demonstrates how the Flying Cloud Airport has been compatible with Eden Prairie's proposed land uses. If the noise zones expand based upon the 1997 noise contours, single family and multiple family residential land would become an inconsistent or conditional use for a significant portion of the area within noise zone C or D. Because of this impact,the City believes the Metropolitan Council and/or MAC should mitigate any off-site aircraft noise impacts relating to the LTCP approval and any additional impacts based upon the MAC's 1997 revised noise contour so that the airport remains compatible with Eden Prairie's approved Comprehensive Guide Use Plan. Enclosed herewith are maps that show how the noise zones have changed since 1990, including a map which identifies those areas that will change from not applicable to inconsistent;not applicable to conditional; and conditional to inconsistent based on the latest MAC noise contour. In addition,the City objects to two significant changes made to the draft EIS document that were apparently adopted on December 9, 1998. At this meeting of the Flying Cloud Airport EIS Advisory Committee,none of the Eden Prairie or neighborhood representatives were present. The first change eliminated the expansion alternatives which depend on"declared distance"criteria and replaced them with"no declared distance"alternatives which were not part of the original scoping document on which the public hearing was based. The original EIS scoping document identified two alternatives to be reviewed against a no action alternative. Both alternatives required the use of a declared distance criteria,thereby limiting the useful length of the proposed 5,000 foot runway for specific operations. MAC has added two alternatives for analysis as part of the EIS based on no declared distances to acquire an additional 120 foot westerly shift in the proposed 5,000 foot runway. Second,the EIS Advisory Committee changed the no action alternative to include the proposed south building area development. This change instantly reduces the potential impact to be identified in the EIS and was not the basis upon which the public hearing was held. Both of these changes appear to the City to manipulate the process in favor of the desired outcome sought by MAC. The City believes it is too late in the process for the MAC to declare that the south building area is independent from the runway extensions and therefore, does not need to be analyzed for environmental impact. It appears that the MAC does not want environmental analysis of the impact of the south building area development. This is contrary to the manner in which this matter was presented to the public. Mr. Pierson M. Grieve Mr. Curt Johnson January 20, 1999 Page 3 The City believes the south building area development should be removed from the no action alternative and that the expansion alternatives which depended upon declared distance criteria not be eliminated from the EIS document. Sin erely, 0, II, (ielkilig° . Jean Harris Mayor enc. cc: Metropolitan Airports Commission Metropolitan Council Environmental Quality Board EIS Noise Mitigation Committee Jeff Hamiel Nigel Finney Mark Ryan Gary Schmidt Jim Solem Nacho Diaz Craig Rapp Chauncy Case Gregg Downing MET COUNCIL NOISE ZONES 1983- 1989 O.'Y (Based on MAC 1979 Noise Contour) -°.• 1...; ope /ro ,D, _it, ,,,,,.....Poop= ° s . 4111111Mita 0 * ''''''-'• 0 1 g ,____._ ilivr ,,, -ilik ------ --- - -7,,...,--.„-.;-:-_----,-...„_,__.4 1*-h. EDEN PRAIRIE .9J PCP 16.2dA a I , t .,�,-� .' i, sol' reel, . D ( , r ,.f7"J ,a•+.'.'I • i {ff y�}{ RI. 14Y6 f F /�i1 -- A B C D Noise Zones ••.r• r.t/ re r- ... •: r— FK ,i um Existing Airport Property ' L.I. 1 I I ( ——•—Boundary of Metropolitan Urban Senkre Area I 111 * ,Area Outside MUSA Exempt S' ...... . 7- -' NOTE NW.Poky Contour lot Plying Cloud/*DensonM upended IWow.M.trepoNon Cameomlaw.pptrwl MM.LampToon CanprNrerM AMpet Pion wMd.Md for oompMtlen In tees. MET COUNCIL NOISE ZONES 1990 . Figure 20 Flying Cloud Noise Zones 1 Y _____' onsolu -11 w a;7F4v 1p • .ss..„.4.6.,,,,,,w..,.,_•—• ct i•. rr..- .. a -`` 9 _ toy tr`--.1.i ... n.�T. _..e .,_ , a tilli- , . ...„, o,, �: �-. iii ,Iil , ------, I,. lkoondoff No p Eliminates Exempt Status m.o.,. Noise Zones W- 'Outside MUSA 1 r l M" l NOTE Noise policy contour to be updated following'mew/approval of a Long-Term Comprehensive Plan try Council in 1995. 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ASN5. 9..•a : - � i zu 1 _1 h¢ w1,6,,, W is .4,...:im li,ie .:.. ,{r £ , t of# �yr_:-..,,4::',,,,/>'12,')/,:-.,'_-1yy$' yw wo BN 11a1A- 14 ii`ii;:i�i::�i' S• � h\.C' �: 7V' ribi,;i'ii 1 ,.., !,'N,,t.‘we,,,,,' ''..,,',:.-'‘‘..,•'-—,....Birt- : '--"t.--=-__;;;-",, ,,}7, ',,,,.____.-7..., •,, I i 1., gg .111:i1,;:::i!i.„..„;:,,ii:.!;!er;;;;iittmi.„ U I i :: ii: :it ii ....... F1 as u i a ,,.._„, ._1, ,.,„;____.._ elll . ga ri tr ;Y t'.-:t''''';:;''' t p/ , e _ n .. .:.... bil ice. g. ,,y ::.. .:.iaaa:aa::: _Ai `9 . r its- - al rr�� O / • C..♦ ANi:iiyiii: iiWi.iii iiiipi: . I 1. 1., ,)ilI.4 g A \'i, _ . . „.. L.) N 'L.,'s:S.' 1114, '....', ...1.:,,‘:'::. g::' 'Cillli I it 4 M d C I 1 l'::,', '.i,': el Y • If tl O6/s0/01 71M0'01o8111A*'MI!\Lt\fKN\61012\! • S -i.l • CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Board of Adjustments and Appeals/Planning Commission Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Zoning Actions by the BOAA/PC and City Council DATE: January 25, 1999 INTRODUCTION: Accompanying this memorandum for the Council and Board's information are copies of updates provided to the BOAA/PC. Below I have attempted to summarize the status of actions taken by the BOAA/PC and Council during 1998. VARIANCES: BOAA/PC COUNCIL ACTION ACTION 1. Schilz Request for Variance Denied Appeal Approved 2. CUB Request for Sign Variance Denied Appeal Approved 3. NAPA Request for Variance Denied Appeal Approved 4. BDM, LLC Request for Variance Denied Appeal Approved CONDITIONAL USE PERMITS (CUPs): 1. ISD CUP Condition Regarding Trash enclosures Appeal Approved 2. SPUC Request for CUP Approved Appeal Denied REZONINGS: 1. Blocks 1, 26, Shakopee Plat Denial Denied 2. Ames Property, AG to R-1B Approval Approved 3. Rezone Gorman St. Prop. From B-1 to R-3 Approval Approved 4. Heritage R-3 Request Approval of R-2 Approved R-3 5. Gilbertson R-3 Request Denial Referred to PC 6. Gilbertson R-2 Request Denial Staff directed to study 7. Kerkow Ag to R-2 Request Approval Approved PRELIMINARY PLAT: 1. Orchard Park West Approval Approved 2. Conklin Addition Approval Approved 3. Weston Ponds Approval Approved 4. Evergreen Heights PP/FP Approval Approved 5. Canterbury Park 5th Add'n. Approval Approved 6. Tenth Avenue Add'n. PP/FP Approval Approved 7. Southbridge First Addition Approval Approved 8. Roman Place Carriage Homes (Longmeadow) Approval Approved 9. Pheasant Run Approval Approved 10. Preliminary Plat of HTS Properties First Approval Approved FINAL PLAT: 1. Stone Meadow 2"d Add'n. Approval Approved 2. Southbridge First Add'n. Approval Approved 3. Weston Ponds Approval Approved 4. Weston Ponds 2nd Addition Approval Approved 5. Stonebrooke 3rd Addition Approval Approved 6. Horizon Heights 5th Addition Approval Approved 7. French Trace 2nd Addition Approval Approved 8. Orchard Park West 2"d Addition Approval Approved 9. Boulder Ridge 2"d Addition Approval Approved 10. Longmeadow Addition Approval Approved 11. Prairie Estates 4th Addition Approval Approved 12. Stone Meadow 3rd Addition Approval Approved 13. HTS Properties First Addition Approval Approved BOAA/PLANNING COMMISSION UPDATE July 9, 1998 Recent City Council Actions: At the June 16, 1998 meeting the Council took the following actions; • Approved the vacation of a blanket easement in Terrance Addition. • Continued the request to vacate right-of-way adjacent to 1005 S. Miller to the July 7th meeting. The vacated right-of-way would not automatically pass to the petitioner, so the neighbor was to be approached about deeding it to the petitioner. • Approved Ordinance No. 518, a text amendment regarding setbacks for decks. • Approved agreements with the Metropolitan Council related to transit funding. • Adopted Resolution No. 4928 setting forth the City's intent to levy the transit tax for pay- 1999 taxes At the June 2, 1998 meeting the Council took the following actions; • Approved vacation of a utility easement between Lots 1 and 2, Block 3, Westridge Lake Estates. • Approved a rezoning request to R-3 for property located on Gorman Street. • Approved the preliminary plat of Pheasant Run • Approved the preliminary plat of Prairie Village and the final plat of Prairie Village 3rd Addition. • Approved the final plat of Horizon Heights 5th Addition. • Granted a preliminary plat extension for Maple Trails Estates. • Approved Resolution No. 4922 granting a front yard variance for Robert Schilz. Other Items: Staff received a request from the Metropolitan Council for additional copies of the Transportation Plan. It seems they want to use it as an example of how to do a transportation plan. Tax credits were not approved by the MHFA for the Evergreen Heights project, however staff will be asking Council for authority to proceed with an application for Livable Communities funds for the project. The subdivision ordinance will be presented to the Council for consideration later this summer, after the Engineering staff has an opportunity to complete the design criteria. 1 BOAA/PLANNING COMMISSION UPDATE October 8, 1998 Recent City Council Actions: At the July 7, 1998 meeting the Council took the following actions; • Approved Ordinance No. 520 amending the zoning code definitions of townhouses and dwellings. • Approved Res. No. 4932 approving the final plat of French Trace 2nd Addition. • Approved Res. No. 4933 approving the final plat of Orchard Park West 2nd. • Issued a negative declaration on the EAW for a distribution center for SuperValu. (Subsequently, Super Yalu has decided to proceed with the alternative site in Hopkins) • Authorized submission of an application for Livable Communities Demonstration Account Funds for development of a daycare adjacent to the proposed EverGreen Heights Townhome project. • Decided to participate in the Metropolitan Council Impact Fee Study. At the July 21, 1998 meeting the Council took the following actions; • Approved Res. No. 4948 approving the final plat of Boulder Ridge 2nd Addition. • Approved Res. No. 4949 approving the final plat of Longmeadow Addition. • Approved Res. No. 4947 amending the South Valley Health Campus PUD. • Approved Ord. No. 521 amending the City's PUD ordinance. At the August 4, 1998 meeting the Council took the following actions; • Approved Res. No. 4947 vacating a portion of an alley within Block 73 in the Shakopee City Plat. • Approved a one-year extension to the purchase agreement for the development of the EverGreen Townhomes project. At the August 18, 1998 meeting the Council took the following actions; • Approved Resolution No. 4962 approving a partial vacation of an easement of Outlot F, Southbridge 1s`Addition. • Approved Ord. No. 524 rezoning property adjacent to the Crossroads Center from AG to B- 1. • Approved Res. No. 4963 approving an amendment to the preliminary plat of Crossroads Center and approving the final plat of Crossroads Center 3rd Addition. • Referred a proposed text amendment to the B-1 zoning district back to the Planning Commission. 1 • BOAA/PLANNING COMMISSION UPDATE October 8, 1998 At the September 1, 1998 meeting the Council took the following actions; • Approved Resolution No. 4980 approving the final plat of Prairie Estates 4th Addition. • Deferred to September 3 an action on a proposed amendment to the East Dean Lake PUD. • Approved amendment of the Beckrich Park Estates PUD to allow a 3-lot subdivision, and directed that a resolution be brought back on the consent agenda for Council action. • Approved Ord. No. 526 approving a text amendment related to nonconforming lots. • Denied (on a 4-1 vote)the Lusignan appeal of a CUP granted to SPUC for an electrical substation. • Approved (on a 3-2 vote) an appeal of CUB Foods request for sign variance. • Directed staff to develop a"needs standard" for determining whether to fence drainage ponds. • Approved Res. No. 4983 amending the final plat of Longmeadow. At the September 14, 1998 meeting the Council took the following actions; • Approved a preliminary plat for HTS Properties First. • Approved Res. No. 4979 approving the final plat of Pheasant Run First Addition. • Approved Ron Schmitt's appeal of a variance denial. • Approved renewal of an agreement with VPSI, Inc. for one year for vanpool services. At the October 6, 1998 meeting the Council took the following actions; • Approved Res. No. 4965 approving the preliminary plat of HTS Properties First. • Approved Res. No. 4997 approving the final plat of Market Place 2nd Addition. • Directed staff to prepare a forestation/reforestation policy for the City. Council Workshops: At its July 28, 1998 workshop the Council discussed Dial A Ride Services. At its September 3, 1998 workshop the Council reviewed the proposed 1999 City budget. Upcoming Events: • On October 13, 1998 the Council will hold a workshop with the Jackson Township Board to discuss comprehensive planning issues. • On October 26, 1998 the Council will hold a workshop to discuss downtown signage, street signage, and other issues. Other Business: • The BIA denied the application of the SMSC to place 593 acres in trust. This decision will likely be appealed by the SMSC. 2 BOAA/PLANNING COMMISSION UPDATE December 3, 1998 Recent City Council Actions: At the November 17, 1998 meeting the Council took the following actions; • Tabled the Gilbertson rezoning request, and directed staff to send it back to the Planning Commission for review of a revised request to rezone the property to R-2, Medium Density Residential. • Approved (on a 3-1 vote)the request of Heritage development to rezone property from I-1 to R-3, High Density Residential. • Approved revised park dedication fees. • Approved a resolution committing the City to participation in the Livable Communities program for 1999, but expressing dissatisfaction with the Metro Council's support to-date of Scott County and Shakopee efforts in this area. • Approved a request to for a 3-month extension for submittal of the Comprehensive Plan. Other Business: • The BOAA recently approved a CUP for Erb Lumber Products to operate on the site of Universal Forest Products. Because of the magnitude of the conditions imposed, it has been reported to staff that Erb will not be moving ahead with the project, and that the BOAA will soon be receiving an application for CUP for a similar use, but requesting relaxed standards. • Key staff recently met with Jeff Bronow, Tischler& Associates, consultant to the Metropolitan Council for its regional impact study. The City of Shakopee is one of 8 cities participating in the study. 1 V• KJ • CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Shakopee Board of Adjustments and Appeals/Planning Commission(BOAA/PC) Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Development Moratoria/Development Issues MEETING DATE: January 25, 1999 Workshop INTRODUCTION: The City Council has scheduled a joint meeting with the BOAA/PC for the purposes of discussing the idea of imposing a short-term moratorium on development, and to discuss general development philosophies. In addition, the City Council wished to discuss with the BOAA/PC a number of recent votes overriding BOAA decisions and PC recommendations, and the philosophies underlying the BOAA/PC and Council votes. RECENT DEVELOPMENT ACTIVITY: In 1998 the City Council approved 27 final plats, 24 of which were residential plats. A list of the approved plats is attached for the Council's and Commission's information. These final plats resulted in the creation of about 373 single family lots, and potentially 88 twinhome units and 215 townhome units. By comparison, in 1998 the City approved building permits for 182 single-family houses, 50 duplex/two-family dwellings, 156 townhouses, and 260 multifamily units. A way of viewing this comparison is that single-family lots are being consumed at the rate of 51%of those that are created each year. In other words, at the present rate of single-family home construction,there would appear to be about a 10-12 months supply of single-family lots. MORATORIUMS/INTERIM ORDINANCES: Minnesota statutes give municipalities the authority to adopt interim ordinances regulating, restricting, or prohibiting uses or development. Specifically,the statutes provides as follows: Subd. 4. Interim Ordinance. If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, subdivision 15, or if a new territory for which plans or controls have not been adopted is annexed to a municipality, the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, R. Michael Leek Page 1 01/22/99WKSHP125.DOC safety, and welfare of its citizens. The interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective, and may be extended for such additional periods as the municipality, not exceeding a total additional period of 18 months No interim ordinance may halt, delay, or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance. M.S.A. 462.355 Subd. 4(1998)(emphasis added) The City is in the process of considering adoption of a revised comprehensive plan. The first public hearing on the revised plan was held at the Planning Commission on Thursday, January 21, 1999. Among other things the comprehensive plan includes the land use plan. The land use plan, among other things,posits additional areas for medium and high-density residential development. As the Commission and Council proceed with their review of the revised comprehensive plan,they may wish to discuss, or direct further study of the amount of land proposed to be dedicated to such uses, as well as the locations of those land uses. The City of Shakopee is a participant in the Metropolitan Council's regional impact study. As a part of that study the consultant to the Metropolitan Council will be evaluating the cost of development for the City of Shakopee under a"full-growth"and"compact development" scenarios. The Council and BOAA/PC may want to consider the appropriateness of completion of the regional impact study as a basis for the imposition of a development moratorium. DEVELOPMENT MORATORIUM EXAMPLE: In 1991 the City of Lakeville adopted a one-year long moratorium on residential development. Copies of the ordinances, resolution, and press releases prepared by that city are attached for the Council and Commission's information. In the year prior to imposing the moratorium,Lakeville had issued 539 single-family home permits, more than any other in the Metropolitan Area had at the time. In addition,the City's population had increased by about 67%from 1980 to 1990. At the time the moratorium was proposed Lakeville was processing 19 residential plats, and had a combined inventory from those and previously approved plats of 3,560 lots. This represented a several-years supply of residential lots. ACTION REQUESTED: The City Council and Planning Commission are expected to give staff direction on whether to proceed with an interim ordinance/moratorium or related matters. R. Michael Leek Community Development Director R.Michael Leek Page 2 01/21/99WKSHP125.doc FINAL PLATS, 1998 City of Shakopee,Minnesota Plat Name Number of Lots/Twinhomes/Townhomes 1. Conklin Addition Not Residential 2. Orchard Park West 1s`Addition 15 lots/50 twinhomes 3. Stonemeadow 2nd Addition 24 lots 4. Tenth Avenue Addition 2 lots(both previously developed) 5. Evergreen Heights 2 lots 6. Revised Horizon Heights 5th Addition 8 lots 7. Canterbury Park 5th Addition Not Residential 8. Southbridge 1' Addition 74 lots 9. Weston Ponds 0 / /80 units 10. Stonebrooke 3rd Addition 4 lots/6 twinhomes 11. Prairie Village 3rd Addition 29 lots 12. Orchard Park West 2nd Addition 13 lots/26 twinhomes 13. French Trace 2nd Addition 22 lots 14. Boulder Ridge 2nd Addition Roads Only 15. Longmeadow / /28 townhomes 16. Crossroads Center 3rd Addition Not Residential 17. Prairie Estates 4th Addition 1 lot 18. Pheasant Run 1s` Addition 61 lots 19. Southbridge 2nd Addition 34 lots 20. Southbridge 3rd Addition 30 lots 21. Bergs Hilltop 3 lots 22. Stonemeadow 3rd Addition / /16 units 23. HTS Properties 1'` Addition 1 lots/1 apartment building 24. Weston Ponds 2nd Addition 11 lots 25. Longmeadow 2 u Addition 13 lots/91 townhomes 26. Riverview Estates 2"d Addition 10 lots 27. Eagle Creek Preserve 32 lots R.Michael Leek Page 3 01/21/99WKSHP125.doc 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 02 CITY OF LARIZVILLZ DAKOTA COUNTY, MINNESOTA RESOLUTION Date July 6. 1992 Resolution No. 92-115 Motion By Sindt Seconded By Mulvihill RESOLUTION DIRECTING PREPARATION OF GROAT* EANAG1MR' coaTROLB WHEREAS, on July 15, 1991, the City council adopted an interim ordinance and resolution directing the completion of a study on the fiscal impact of growth and the preparation of growth manage- ' agent controls based upon that study; and WHEREAS, the City has completed an in-depth analysis of the fiscal impact of growth entitled "Lakeville Growth Study, a Fiscal Impact Analysis"; and WHEREAS, following completion of the fiscal analysis, the City council appointed a citizen task force to develop growth managentont strategies; and WHEREAS, the task force has completed and presented to the City Council a report entitled "Growth Management Strategies for the City of Lakeville"; and WHEREAS, although the necessary studies have now been completed, the growth management controls necessary to implement the studies have not been drafted or adopted. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council that city staff is directed to draft appropriate growth management plane and controls based upon the completed studies. ADOPTED this 6th day of July , 1992, by the City Council of the City of Lakeville. • CITY OF LLE BY: Du a R. Zaun, r mss - la Charlene Friedges, C ty Clerk 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 03 ORDINANCE NO. 436 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN INTERII( ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF NEW RESIDENTIAL PLATS AND EXPANSION OR DEVELOPMENT OF MOBILE (MANu7ACTURED) NOME PARIS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Definitions.ftion The following terms whenever used in this ordinance shall be interpreted to mean: Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 and containing all elements and requirements set forth in applicable Lakeville city ordinances adopted pursuant to Minn. Stat. g 462 .358 and Chapter 505. Residential means use as a dwelling, including one-family, two-family, and multiple family dwellings, but not including hotels, motels, institutions, and boarding houses. Section 2. Intent. It is the intent of this ordinance to allow the City of Lakeville time to complete an in-depth study concerning appropriate land use controls for growth management, and in the interim to protect the planning process and the health, safety and welfare of the citizens of the community. section 3. Temporary Prohibition. Pending the completion of the above referred to study and adoption of appropriate official controls, no residential plat or mobile (manufactured) home park expansion or development shall be processed or approved and no applications for such approval will be accepted. This ordinance shall not apply to the following: (1) property for 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 04 which properly completed applications for plat approval were . filed on or before July 15, 1991, if those applications are, on the date this ordinance is adopted, being actively pursued, (2) plats which have been preliminarily approved by the City Council unless that approval is void pursuant to Section 10-2-2 of the Lakeville City Cods, (3) replatting outlots, (4) devel- opment commitments which have previously been approved by the City Council in settlement or litigation, (5) property 'for• which - -, i,.4..1 a grading permit has been approved by the City Councilin conjunction with a request for plat approval, and (6) commercial and industrial developments. section 4. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until the date of the adoption of the official controls contemplated hereunder or July 14, 1992, whichever occurs first. • PASSED AND DULY ADOPTED by the Lakeville City Council this 15th day of July, 1991. CITY OF LLE BY: L-del a ne R. Zaun,kil.iiiianit- Duor TTEST: - / .I , I arlene Fr edges, Cit.• clerk 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 05 ORDINANCE NO. 494 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL or CERTAIN RESIDENTIAL DEVELOPMENT AND EXPANSION or MOBILE (NANn?ACTIIRED) HOME PARES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: $ectioa I. Definitions. The following terms whenever used in this Ordinance shall be interpreted to mean: Flat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 and containing all elements and requirements set forth in applicable Lakeville city ordinances adopted pursuant to Minn. Stat. j 462.358 and Chapter 505. Residential means use as a dwelling, including one-family, two-family, and multiple family dwellings, but not including hotels, motels, institutions, and boarding homes. Section 2. Intent. This is an extension of Lakeville Ordinance No. 466, as modified herein. It is the intent of this Ordinance to allow the City of Lakeville time to complete planning studies and adopt appropriate land use controls, and in the interim to protect the planning process and the health, safety, and welfare of the citizens of the community. Section 3. Temporary Prohibition. Pending the completion of the above referenced study and adoption of appropriate official controls, no residential plat or mobile (manufactured) home park expansion shall be processed or approved and no applications for such approval will be accepted. This Ordinance shall not apply to the following: (1) Plats which have been preliminarily approved by the City Council prior to this adoption of this Ordinance, including up to one acre of land outside the approved preliminary plat, unless that approval is void pursuant to Sections 10-2-2 and 10-2-3 of the Lakeville City Coda; (2) Replatting outlots, including up to one acre of land outside the outlot; 1664 r03/31/V3 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 06 (3) Property for which a grading permit has been approved by the City Council in conjunction wit a request for plat approval; (4) Replatting previously platted property; (5) Platting up to three lots if new streets are not needed to access the lots; and (6) Platting property abutting Dakota County Improvement Project No. 4604 if the developer pays 1001 of the cost of all street improvements and other public infra- structure. Beotion 4. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until the date of the adoption of the official controls contemplated hereunder or December 31, 1993, whichever occurs first. ADOPTED this 5th day of April , 1993, by the City Council of the City of Lakeville. CITY OF ILLE BY: Dua a R. Zaun, or TTEST:. Charlene�Friedges, ty Clerk 3664 r03/31/93 12/21/1998 09: 15 6129854429 LAKEUILLE COMM DEULP PAGE 07 ORDINANCE NO. 466 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OP CERTAIN RESIDENTIAL DEVELOPMENT AND EXPANSION OR DEVELOPMENT 07 MOBILE (NANUYACTURED) EON! PARIS THE CITY COUNCIL OF THE CITY OF IAV/LLE ORDAINS: section 1. Definitions. The following terms whenever used in this ordinance shall be interpreted to mean: Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 and containing all elements and requirements set forth in applicable Lakeville city adoptedP ordinances pursuant urs to Minn. Stat. S 462.358 and Chapter 505. single Family Residential means one-family and two-family dwellings. Multiple Family Residential means multiple family dwellings with more than two (2) units, but does not include hotels, motels, institutions, and boarding houses. Section 2. Intent. This is an extension of Lakeville Ordinance No. 436. It is the intent of this ordinance to allow the City of Lakeville time to adopt appropriate land use controls for growth management, and in the interim to protect the planning process and the health, safety and welfare of the citizens of the community. Section 3. Temporary Prohibition; Single Family Residential Plats. Pending the adoption of appropriate official controls, no single family residential plat shall be processed or approved and no applications for such approval will be accepted. This section shall not apply to the following: (1) plats which r07/02/92 ( 11 : 45 am) 12/21/1998 09:15 6129854429 LAKEVILLE COMM DEVLP PAGE 08 have been preliminarily approved by the City Council prior to the adoption of this Ordinance, including up to one acre of land outside the approved preliminary plat, unless that approval is void pursuant to Section 10-2-2 of the Lakeville city Code, (2) replatting outlots, including up to one acre of land outside the outlot, (3) property for which aradin permit has been g g approved by the City Council in conjunction with a request for plat approval, (4) replatting previously platted property, (5) platting up to three lots if new streets are not needed to access the lots, and (6) platting property abutting Dakota County Improvement Project No. 4604 if the developer pays 100% of the cost of all street improvements and other public infrastructure. Section 4. Temporary Prohibition; Multiple Family Dwellings. Pending the adoption of appropriate official controls, building permits shall not be issued for multiple family residential dwellings except as part of a planned unit development approved by the City prior to the enactment of this Ordinance. Plats for multiple family dwellings shall not be processed or approved and no applications for such approval will be accepted, except for plats within a planned unit development approved by the City prior to the enactment of this Ordinance and except for plats which have bean preliminarily approved by the city Council prior to the adoption of this Ordinance, unless the approval is void pursuant to Section 10-2-2 of the Lakeville City Code. -2- 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 09 section 3. Temporary Prohibition; Manufactured Housing Park Development. Pending the adoption of appropriate official controls, no mobile (manufactured) home park expansion or development shall be processed or approved and no applications for such approval will be accepted. section S. Effective Dates. This ordinance shall take effect from and after its passage and publication. Section 3 shall remain in effect until the adoption of the official controls contemplated thereunder or April 2, 1993, whichever first occurs. Section 4 and Section 5 shall remain in effect until the adoption of the official controls contemplated by those sections or December 31, 1993, whichever first occurs. PASSED AND DULY ADOPTED by the Lakeville City Council this 6th day of July , 1992. CITY47::: LLE BY: %.l 1Qa R. 2aun, (5;34,/ i: :40 - Charlene Fr edge1 ty Clerk -3- 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 10 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA REOQLUTION Date April 5, 1993 Resolution 93-57 Motion By Ruhmann Seconded By Mulvihill RESOLUTION DIRECTING COMPLETION OF A STUDY ON GROWTH MANAGEMENT AND PREPARATION OP OFFICIAL CONTROLS BASED UPON THAT STUDY WHEREAS, the City commissioned a study on the fiscal impact of growth which has been completed; and WHEREAS, the City's Strategic Growth Management Task Force has completed a study on growth management strategies; and WHEREAS, the City has directed its consulting planner, Northwest Associated Consultants, Inc. , to prepare a growth management development and regulation analysis using the Task Force report and fiscal analysis report; and WHEREAS, Northwest Associated Consultants, Inc. has prepared a preliminary report on growth management development and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. Northwest Associated Consultants, Inc. is directed to prepare a final report with input from City staff and appropriate City committees. 2 . Northwest Associated Consultants, Inc. , together with City staff, the City Attorney, and appropriate City committees, is directed to draft proposed amendments to official controls to implement the growth management study. ADOPTED this 5th day of April , 1993, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: . AI -Ii.. . ., _.. D -ne R. Zaun, W yor TEST: LI Charlene Friedges, y Clerk 3666 r02/25/93 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 11 EE?' FOR IMMEDIATE RELEASE: CONTACT: Robert A. Erickson, July 16, 1991 City Administrator Phone 469-4431 Lakeville approves temporary moratorium on new residential plats The Lakeville City Council authorized an interim ordinance temporarily prohibiting the approval of new residential plats and mobile (manufactured) home park expansion at its Monday. July 15, Council meeting. The ordinance will not affect residential plats being processed or previously approved, and it will not affect commercial and industrial development. The Council also passed a resolution directing the completion of a study on the fiscal impact of growth, along with the preparation of a strategic growth management plan based upon the results of the study. In recent months, the City has experienced a surge in single-family home construction. Last year, the City issued more single-family home permits (539) than any other city in the seven-county metropolitan area. By the end of June this year, 312 permits for single-family homes had been issued. Projections indicate that 525 homes could be built this year and another 500 in 1992 . In the past 10 years, the City's population has increased by nearly 10, 000, reaching 24 , 854 in 1990. Recent actions taken by the State Legislature have severely affected the City's ability to keep pace with continued housing growth and demands for service. The Legislature has restricted the City's ability to increase the tax levy limit base to account for population growth and inflation. State Local Government Aids have also been reduced, resulting in significant revenue losses in 1991 and increased (more) City of Lakeville 20195 Holyoke Avenue • P.O. Box 957 • Lakeville. MN 55044 • (612) 469-4431 • FAX 469-3815 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 12 Temporary moratorium. . . .Page two taxes in 1992 . The legislative process that could have enabled the City to charge impact fees was vetoed. Impact fees would require that new housing pay for at least some of the construction costs associated with growth. Mayor Duane Zaun said the proposed growth management measures will help maintain the community ambience that is so highly valued by residents. In a community survey conducted in February, residents gave high marks to the quality of life in Lakeville and to the City's delivery of services. He added, "The City Council is taking this step to provide time for serious and sober reflection on the future of Lakeville. This reflection can provide a time for evaluation and renewal. " City Administrator Robert A. Erickson explained that the proposed growth management measures were triggered by the 1991-92 budget planning process last fall. "Council Members were concerned about the City's fiscal ability to continue to endure rapid growth, " he said. "They asked how we could balance meeting the growing needs of the citizenry with declining financial resources. " As a result, City staff and the City's planning consultant began an in-depth examination of the status of all residential plats in Lakeville. Erickson said the data gathering allowed the City to clearly identify the number of lots that have been preliminary-platted and thus could proceed to final platting, along with the impact the development of those lots could have on available sewer capacity. Currently, 19 pending residential plats are being processed, representing 929 lots. In addition, previously-approved plats total 2 , 631 lots, with a combined total of 3 , 560. These figures, Erickson said, indicate that a -2- 12/21/1998 09: 15 6129854429 LAKEVILLE COMM DEVLP PAGE 13 a Temporary moratorium. . .Page 3 temporary growth moratorium will not lead to a shortage of residential development activity in the near future. The study also identified plat approvals that are considered void due to lack of progress in finalizing and recording the plats, and those that could require re-evaluation. Developers whose property falls into these categories will be notified. Erickson emphasized that the interim ordinance will not apply to property for which completed applications for plat approval have already been filed, plats that have received preliminary approval, outlots that must be replatted or development commitments that have previously been approved by the City Council in settlement agreements. Commercial development and industrial development also are excluded. In fact, a greater emphasis is expected to be placed on these types of development in order to increase the tax base of the City. The temporary "timeout" in approving new residential plats will give the City time to complete the fiscal impact study and draft appropriate growth management plans and controls, Erickson said. The ordinance will remain in effect until the Council adopts official growth controls or until July 14, 1992, whichever occurs first.