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Home My WebLink About10A - Annex Honey's Back 40 CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: FEBRUARY 17,2004 lOA JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.0325, ANNEXING 40 ACRES COMMONLY KNOWN AS HONEY'S BACK 40 DISCUSSION: History: Tollefson Development, on behalf of Honeys Back 40, LP, have filed a request to annex a total of 40 acres of land located in Spring Lake Township, The purpose of the annexation is to allow the future development of this property on City services. Current Circumstances: The property in question is located within the Spring Lake Orderly Annexation Area. Under Minnesota Statutes, a request for annexation may be initiated by resolution of either the Township Board or the City Council, or by joint resolution of both bodies. The property owners have met with the Spring Lake Township Board to discuss this request. The Township Board approved and signed a joint resolution on December 11, 2003 (see attached). The Board did not attach any conditions to the resolution. The property owners are now requesting that the City Council sign the joint resolution and forward it to the Minnesota Office of Boundary Adjustment. ISSUES: Minnesota Statute 414.0325 lists the criteria to be used to determine if an area should be annexed. This criteria includes: (a) the subject area is now or is about to become urban or suburban in character and that the annexing municipality is capable of providing the services required by the area within a reasonable time; or (b) the existing township form of government is not adequate to protect the public health, safety, and welfare; or (c) annexation would be in the best interests of the subject area. In this case, the area is adjacent to the City limits along its east boundary. Municipal sewer and water will be available to serve this site upon development of the adjacent property (scheduled for 2004). www.cityofpriorlake.com 1:\04 files\04 annex\honey back 40\annexatiorpfim\'~~52.44 7.4230 / Fax 952.447.4245 Page 1 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: If both the City and the Township agree to the joint resolution, the resolution is forwarded to the Minnesota Office of Boundary Adjustment for review. If we are unable to reach agreement on the joint resolution, the City could annex the property by ordinance. This method of annexation does not require approval of the Township but does require a public hearing by the Office of Boundary Adjustment. This method is not as cooperative in nature to the joint resolution process. Under the provisions of the Orderly Annexation Agreement with Spring Lake, property tax phasing will be applied to properties scheduled for annexation between 2004 and 2007. Since the property is question was not scheduled for annexation until 2008, this tax phasing will not be applied. Pursuant to Section 6.7 of the Orderly Annexation Agreement, the City shall reimburse the Township for lost property tax revenue when the property owner petitions for annexation. The Township's share of taxes for this property, payable in 2004, is $125.70. A pass-through fee of two times this amount will be paid to the City as part of the Development Contract when this property is subdivided. The City will then forward this amount to the Township. Upon annexation, this property will automatically be zoned R-l. The City is also in the process of updating the Comprehensive Plan to include the entire Orderly Annexation Area. It must also be noted that services are not currently available to this property, although they will be available once the property to the east develops. Approval of the joint resolution is the most cooperative method of annexation for this property. Development of the property should occur within the City limits, once sewer and water service are available to serve this site. BudJ!et Impact: Approval of the annexation will allow the development of the property within the City limits, which will increase the City tax base. The City Council has three alternatives: 1. Approve the Joint Resolution as submitted. 2. Approve the Joint Resolution with modifications. 3. Authorize further examination of the annexation by ordinance process. The staff recommends adoption of Alternative #1. A motion and second to approve the Joint Resolution as submitted is required. The fully executed document will be forwarded to the Minnesota 1:\04 files\04 annex\honey back 40\annexation cc rpt.doc Page 2 Office of Boundary justment for their 30-day review and comment period. REVIEWED BY: 1:\04 files\04 annex\honey back 40\annexation cc rpt.doc Page 3 JOINT RESOLUTION CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP AMENDING THE ORIGINAL ORDERLY ANNEXATION AGREEMENT DOCKET #A-2148(OA)-2 A RESOLUTION ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP INTO THE CITY OF PRIOR LAKE CITY OF PRIOR LAKE RESOLUTION # WHEREAS, this Joint Resolution designates an area in need of orderly annexation; provides for the conditions for its annexation; designates that no consideration by the Minnesota Office of Boundary Adjustment is necessary, but the Office may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of this resolution; and reflects that the City of Prior Lake and Spring Lake Township hereby jointly agree to the following: 1. That the following described property in Spring Lake Township is subject to annexation pursuant to Minnesota Statutes 414.031 and the parties hereto designate this area for orderly annexation, to wit: Southeast Quarter (SE 114) of the Northwest Quarter (NW %), all in Section 5, Township 114, Range 22, Scott County, Minnesota 2. That the City Council of the City of Prior Lake and the Board of Supervisors of Spring Lake Township, upon passage and adoption of this resolution, and upon acceptance by the Minnesota Office of Boundary Adjustment, agree to the annexation of the aforementioned property into the City of Prior Lake. 3. That there is no change in electrical service provided for the subject annexation, therefore, State Statute 414.0235, Subd. 1 A, is not applicable. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA, THAT: The City of Prior Lake approves the proposed annexation of the aforementioned property from Spring Lake Township into the City of Prior Lake. Adopted by the City Council of the City of Prior Lake, Scott County, Minnesota, this _ day of , 2003. Mayor Motion by: Second by: . YES NO Haugen Blomberg LeMair Petersen Zieska ATTEST Frank Boyles, City Manager NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF SPRING LAKE TOWNSHIP, SCOTT COUNTY, MINNESOTA, THAT: It hereby approves the proposed annexation of the aforementioned property from Spring Lake Township into the City of Prior Lake. Ad,2Pted by the Township Board, Spring Lake Township, Scott County, Minnesota, this J,J!:.. day of f1L-.t.e~ , 2003. Motion by: Steve Pierson Second by: EUQene Berens YES NO Supervisor X Supervisor X Supervisor N/A N/A ATTEST: tf~~ jJ!~ Spring Lake. ownship Clerk This instrument was drafted by: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 , Location Map Honey's Back 40 Annexation I ! I I I , I I I I of priori Lak - '~-; I ;' / .~( "~,- ':.1 ~I" '-" , L ~'IC ~",',il Uo.! '+-------: =: ~ I CG I' 1 ! ~':! ! d r------ I-en ! '~ ~! ! co i ~i r I I I Ii --J /~ ( I \ i-------r-' , , , , i-I I I I r " ) >' . I '1------1 i i~/ i I-~ ! '-~~- , --._>~ L /,~~- i~--" ~, Spring Lake ,/:-// i/l' '"I /.- 0 /,:~- f i,,'-. ','1 f(~-/! frJI i'l / ili 1,'1',1 , I III CSAH 12 I ! ! .. 1000 I o 1000 Feet N + January 20, 2004 Developers . Land Investment . Property Mana~rs ~_, -:::::-~~-:---l . r;.~, -:: ((:;,. ! 2. L! \:..J '- \ \ \ ~ ',.' :; '.J ~~ ~. I \ 1\ : I r \ \'I) 'I ; i i. \; \.,<, tAU 2. 0 2004 . \ I :u\;: .- iW_1 , \ L- j Honorable Mayor and City Council Members City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1787 Re: Annexation -Honey's Back 40 (Vallez) Dear Honorable Mayor and City Council Members: Enclosed please find the annexation application, fees and necessary exhibits from property owner James Vallez and Tollefson Development, Inc. Spring Lake Township passed a resolution annexing this property from the Township into the City of Prior Lake on December 11 th, 2003. This property is adjacent to the City of Prior Lake's municipal boundary, and is legally described as follows: Southeast Quarter (SE Y-t) of the Northwest Quarter (NW Y-t), all in Section 5, Township 114, Range 22, Scott County, Minnesota. We realize a joint resolution amending the original orderly annexation agreement is required and that orderly annexation of certain areas within the Township to the City was approved in September 2003. The sub area land as depicted in the orderly annexation agreement for this property is known as 8.1. This area can be annexed earlier by way of joint resolution between the City and Township. Approximately 40 acres abuts the city limits and is depicted on the map for annexation. The property is located on the west side of Marshall Road between County Road 82 to the northeast and CR 12 to the southeast. We are requesting annexation for residential development purposes. The area is now, or is about to become, urban and suburban in character and the City will be capable of providing the services required within a reasonable time. The Township has agreed that this is in the best interest of the area and the City will be more equipped to protect the public health, safety and welfare of people as Prior Lake expands and develops. This parcel is part of our proposal for a master plan community that was shared with city staff in several Development Review Committee meetings. .. 17271 Kenyon Ave., Suite #103 · Lakeville, MN 55044 · Phone (952) 435-1010. FAX (952) 435-1020 Email -info@tdi-mn.com www.tdi-mn.com . ,..~. We anticipate this project will sell in the spring 2005. The southwest residential suburban market place is a tremendous opportunity based on the continued strong economics and excellent location. Projected demand for residential development will be bold and strong. This property exemplifies the unlimited potential that stems from a compelling, good location off Marshall Road and as improvements are made to CR 82 and CR 12. This offers long-term confidence in the execution of a progressive land use plan for which we look forward in working with the City while it is being updated for this area. The City recently annexed our property directly across Marshall Road from Honey's Back 40 parcel. Soon, this site will have dependable utilities from the east supporting the master planning process for future growth in this direction. Please consider our request for annexation. ~ I~F~ Todd Bodem Project Manager CC: James Vallez Encl. .. Jane Kansier From: Sent: To: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Monday, January 26,20049:37 AM JKansier@cityofpriorfake.com Honey's Back 40 Annexation, Spring Lake Twp. Thanks for the notification. Portions of the 40 acres proposed for annexation may be in the Howard Lake Shoreland District, Campbell Lake Shoreland District, or both. No further comments. 1