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
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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.