HomeMy WebLinkAbout7A - Annexing Ordinance SPLCITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
MARCH 21, 2005
7A
DANETTE MOORE, PLANNING COORDINATOR
AGENDA ITEM:
DISCUSSION:
ISSUES:
CONSIDER APPROVAL OF AN ORDINANCE ANNEXING 118.81
ACRES OF PROPERTY IN SECTION 12, SPRING LAKE
TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033
(BUSSE, HUNTER, AND JONES)
HistorF: Jack and Pam Hunter, Scott and Annie Jones, and the Fred Busse
Trust, individually own parcels of land totaling 118.81 acres located north of
180th Street, east of Mushtown Road, and west of Revere Way, in Section
12, Spring Lake Township. The property owners have filed a request to
annex this property. The purpose of the annexation is to allow the
development of this property.
Current Circumstances: The subject property is adjacent to the City limits
on its southern boundary, but not in the Orderly Annexation Area. Had the
property been within the annexation area, a joint resolution would have been
used. Properties outside the annexation area are annexed by ordinance.
The applicant has met with the Spring Lake Township Board to discuss this
request. The Township Board reviewed the proposed annexation at their
January 13, 2005 Board Meeting and had no objections.
Under Minnesota Statutes 414.033, Subdivision 5, the City Council may,
following a public hearing, adopt an ordinance annexing land to the City
under the following circumstances:
· The land abuts the municipality; and
· The area to be annexed does not exceed 200 acres; and
· The area to be annexed is now or is about to become urban or suburban
in character; and
· The municipality receives a petition for annexation from the property
owners of the land to be annexed.
Prior to the hearing, the City has given 30-days written notice by certified
mail to the Townboard and to all owners of land adjacent to the property in
question. The staff sent the notice of this public hearing on February 16,
2005. If the City Council adopts an ordinance annexing the property, this
www. cityofpriorlake, com
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CONCLUSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
ordinance will be sent to the State Municipal Boundary Adjustment office
for review and comment.
This property is not included on the City's Comprehensive Plan Map. If the
City Council agrees to annex the property, it will automatically be zoned R-1
(Low Density Residential). Eventually, either the City Council or the
petitioner must initiate an amendment to the Comprehensive Plan Map to
include this area.
The property in question meets the criteria for annexation under Minnesota
Statutes Section 414.033, Subdivision 5. Development of the property
should occur within the City limits, once sewer and water service are
available to serve this site from the adjacent parcels.
Budget Impact: Approval of the annexation will allow the development of
the property within the City limits, which will increase the City tax base.
Under Minnesota Statutes 414.033, Subdivision 12, the property will not be
subject to tax feathering.
Following the public hearing, the City Council has three altematives:
1. Approve an ordinance annexing the property as requested.
2. Deny the ordinance annexing the property on the basis it is inconsistent
with the Comprehensive Plan or State Statutes.
3. Defer this item and provide staff with specific direction.
The staff recommends adoption of Alternative # 1.
A motion and second to approve an ordinance annexing the 118.81 acres of
land in Section 12, Spring Lake Township pursuant to Minnesota Statutes
414.033, Subdivision 5. The ordinance will be forwarded to the Minnesota
Office of Boundary Adjqgtment for their review and comment.
Frank B~ty/~ianager
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 05-XX
AN ORDINANCE ANNEXING PROPERTY FROM SPRING LAKE TOWNSHIP
INTO THE CITY OF PRIOR LAKE
MOTION BY
SECOND BY
The City Council of the City of Prior Lake does hereby ordain that:
1. That the following described property in Spring Lake Township is subject to
annexation pursuant to Minnesota Statutes 414.033, Subdivision 5;
Hunter:
The North 635.31 feet of the South 1958.81 feet of the East half of the West
Half of the southeast Quarter of section 12, Township 114, Range 22, Scott
County, Minnesota. Also that part of the South 1958.81 feet of the East half
of the said Southeast Quarter which lies Northwesterly of the following
described center line of Scott County Road Number 87: Commencing at the
Southeast corner of said North 635.31 feet of the South 1958.81 feet of the
East Half of the West half of the Southeast Quarter; thence on an assumed
bearing of North 0 degrees 12 minutes 59 seconds East along the East line of
said East Half of the West Half of the Southeast Quarter a distance of 354.14
feet to the point of beginning of the centerline to be described; thence
Northeasterly 314.18 feet along a non-tangential curve, concave to the
Southeast, radius 771.31 feet, central angle 23 degrees 20 minutes 17
seconds, chord bearing North 26 degrees 34 minutes 58 seconds East and
said center line there terminating; Scott County, Minnesota.
Jones:
Lot 1, Block 1, JACKSON ESTATES, according to the recorded plat thereof,
Scott County, Minnesota.
Busse:
The East One-half of the Southwest Quarter of Section 12, Township 114,
Range 22, Scott County, Minnesota,
TOGETHER WITH:
The West One-half of the West One-half of the Southeast Quarter of Section
12, Township 114, Range 22, Scott County, Minnesota, lying north of the
South 1323.57 feet of said West One-half of the West One-half.
TOGETHER WITH:
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Phone 952.447.4230 / Fax 952.447.4245
That part of the West One-half of the Southwest Quarter of Section 12,
Township 114, Range 22, Scott County, Minnesota, described as follows:
Beginning at the southeast corner of said West half of the Southwest Quarter;
thence north along the east line of said West half of the Southwest Quarter, a
distance of 132.00 feet; thence west parallel with the south line of said West
half of the Southwest Quarter, a distance of 264.00 feet; thence southwesterly
a distance of 280.50 feet to a point distant 33.00 feet north of said south line;
thence south 33.00 feet to said south line; thence east along said south line to
the point of beginning.
2. The petition for annexation has been signed by all of the owners of the
subject property; and
.
The City Council of the City of Prior Lake upon passage and adoption of this
ordinance, and upon acceptance by the Minnesota Office of Boundary
Adjustment, annexes the aforementioned property into the City of Prior Lake.
4. 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.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 21st day of March, 2005.
ATTEST:
City Manager Mayor
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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