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HomeMy WebLinkAbout7D Whitney-Credit River Township Annexation PresentationLEIRA PROPERTIES LLC ANNEXATION APPLICATION Prior Lake City Council July 16, 2018 6025 170th Street East Minnesota Statutes 414.033, Subdivision 2 (3) ■A municipal council may by ordinance declare land annexed to the municipality if: 1.The land abuts the municipality; 2.The area to be annexed is 120 acres or less, 3.The area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available, and 4.The municipality receives a petition for annexation from all the property owners of the land. Annexation Task Force Comments ■Future intersection improvements at CH 21 / Revere Avenue (CH 87); ■Future extension of Revere Avenue to 170th Street; ■Future land use and zoning designations; ■Wellhead protection area; and ■Timing of the utility connections. Agreement for Annexation of Whitney Property in Credit River Township ■Right-of-Way Dedication. –Owner has executed a ROW easement to the City. ■Upon completion of the intersection project, the City shall convey back any unneeded ROW easement; and –The City shall work with Scott County to determine if any of the existing County ROW to the west of the property can be conveyed to the owner after intersection project. ■Tax Increment Financing. –Acknowledgement the City may seek to use TIF on the property to help fund a future intersection project. ■Development and Use of Property. –City waives the one-year utility connection requirement. –Acknowledgement that the property shall be developed only for commercial and/or industrial uses. Benefits of Annexation ■Secure right-of-way for a future extension of Revere Avenue to 170th street; ■Ensure protections for future development in the wellhead protection area; ■Diversify the city’s tax base through additional commercial development; ■Enhance the entrance to the city through commercial development and redevelopment; and ■Capitalize on the investment in public utilities available to serve this area. ROW Easement ■Revere Avenue (CH87) and CH21 intersection in need of functional and safety improvements. ■Scott County will begin studying intersection options in 2018. ■Property owner has dedicated a 100’ wide permanent easement for ROW, drainage and utility purposes to extend Revere Ave. (CH 87) from CH 21 to 170th St. 8 9 Scott County Highway 21 Corridor Study June 2005 Wellhead Protection Area (WHPA) ■WHPA is the MN Department of Health approved surface and subsurface area surrounding a public water supply well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field. ■The current and future uses of the site raises concerns related to groundwater and ultimately drinking water contamination. ■Prior Lake city code, PWDM and zoning ordinances would alleviate some of the concern surrounding development in the WHPA with the regulations related to uses, imperious surface requirements, storm water controls, etc. 10 Economic Development ■Annexation provides additional commercial property. ■Approx. 35 acres of vacant shovel-ready commercial property and approx. 25 acres of vacant shovel-ready business park/industrial property available. ■Demand for an additional 1.3 million square feet of retail, office and industrial development by the year 2040. ■Approx. 140 acres of land to accommodate the projected demand. *Maxfield Research, 2017 Commercial and Industrial Demand Analysis ■Proximity to Welcome Avenue and Deerfield Business Parks. ■Gateway to Prior Lake. 11 Utilities •Water, sanitary sewer & storm sewer services available within approximately 200 feet. •City has capacity to serve this property. •Connection to city services required prior to further development. •Costs associated with connecting to city services will be the responsibility of the property owner or future developer. Joint Powers Agreement (JPA) ■City staff and Annexation Task Force members have discussed the option of entering in to a JPA with CR Township. Under a JPA, the City of Prior Lake would: –Provide sewer and water services to this, and potentially other parcels. –Need to secure ROW for a future Revere Avenue extension from CH21 to 170th Street. –Agree with the township on zoning and land use. –Attempt to ensure protections in the WHPA. –Not collect property taxes, as the parcel would remain in Credit River Township. ■The Annexation Task Force and staff do not believe that a JPA would adequately address the issues identified. –The proposed intersection improvement are critical in this area. –The city has greater resources to assure that this important road improvement can take place when needed. –The city has taken the position that city utilities will only be extended to property which is, or will be, within the city’s corporate limits. –City utilities are approximately 200 feet away from this property and are most appropriate to serve this area. –This property should be zoned in a fashion consistent with the surrounding city property both for aesthetic, planning and financial reasons. ■For these reasons, Annexation Task Force members and staff do not support the JPA option. 13 Tax Feathering ■M.S. 414.033, Subdivision 12, the property will be subject to tax feathering: –CR Township will receive all property taxes for 2018. –If the annexation becomes effective before 8/1, the City of PL may levy on the annexed area for 2019. –If the annexation becomes effective after 8/1, the CR Township may levy on the annexed area for 2019 and PL may not levy on the annexed area until 2020. ■In addition, pursuant to M.S. 414.036, staff is proposing the City of PL shall pay CR Township two times the amount of taxes that the township levied against the subject property in 2018, which totals $765.18. –To be paid in two equal payments of $382.59. ■Both measures are intended to mitigate any financial impacts that this annexation could have on the township. 14 Notifications & Discussions ■Annexation by ordinance requires a public hearing by the City Council. ■Annexation by ordinance does not require approval of the township or Chief Administrative Law Judge. ■30-day written notice has been provided by certified mail to the Credit River Township Board and owners of land adjacent to the property. ■A copy of a draft CC report was provided to the CR Township Board for information on 7/6. ■Credit River Township Board discussed the request during their 7/9 meeting. ■Annexation Task Force and city staff met with CR Township Supervisors and staff on 7/12. 15 Recommendation •Motion and second approving an ordinance annexing the property. •Motion and second authorizing the Mayor and City Manager to enter into the Agreement for Annexation of Whitney Property in Credit River Township and approving a resolution adopting the summary of ordinance and ordering the publication of said summary. 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