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Home My WebLink About8 - Annexation Policy Third Draft HERITAGE 1891 COMMUNITY 1991 WJ.s(!)j(' 20J1 RESOLUTION 90-35 RESOLUTION AUTHORIZING THE ADOPTION OF A CITY OF PRIOR LAKE ANNEXATION POLICY AND PROCESS MOTIONED BY SECONDED BY WHEREAS on November 22, 1972 the City of Prior Lake entered into an Orderly Annexation Agreement with spring Lake Township, and WHEREAS, the Orderly Annexation Agreement has been used to guide the annexation process between the City of Prior Lake and Spring Lake Township since its adoption, and WHEREAS, eighteen years has elapsed since the adoption of the Orderly Annexation Agreement, and WHEREAS, the Prior Lake City develop a policy on within the Orderly area, and Council determines it necessary specific annexation requests, Annexation area and without to both the WHEREAS, this polic~ will serve as a ~uideline for the Prior Lake City Counc1l in making decis10ns on annexation petitions and annexation actions on their own, and WHEREAS, the Prior Lake City Council has publicly and thoroughly discussed and reviewed this policy on three occasions prior to its adoption. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the attached Annexation Policy and Process is hereby adopted by the Prior Lake City Council. Passed and adopted this 6th YES day of Auqust, 1990. NO Andren Fitzgerald Larson Scott White Andren Fitzgerald Larson Scott White David J. Unmacht City Manager City of Prior Lake {Seal} 4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 CITY OF PRIOR LAKE ANNEXATION POLICY On November 22, 1972 the city of Prior Lake entered into an Orderly Annexation Agreement with Spring Lake Townshi~. The A~reement set forth parameters for the annexation of certa1n land w1thin Spring Lake Township either contiguous to or adjacent to the City of Prior Lake. The daily reference and practical had essentially ceased over 10 and in9Uiries into annexation evaluat10n of the Agreement, its application of this A~reement years ago. Increasing 1nterest have resulted in a renewed parameters and requirements. It is the Policy of the City of Prior Lake to su~port the use of the Orderly Annexation Agreement Process. Th1S process is regulated by Minnesota statutes 414.0325. This precedence has been established since 1972 with the original agreement which exists toda~. The Municipal Board promotes the use of orderl~ annexat10ns because that process emphasizes "negot1ation and agreement". It is the polic~ of the city of Prior Lake to initiate annexation act10ns on its own. These actions would be initiated by the adoption of a Resolution ~ursuant to Minnesota statutes 415.0325 Subdivision 1. Pr10r to the adoption of a Resolution, the City Council will, at their sole discretion, determine that annexing a certain portion of land(s) within the existing orderly annexation area is consistent with the goals of the Comprehensive Plan. The City Council will, prior to adopting the Resolution, direct the City staff to conduct sufficient research to assist them in determining the ultimate costs and benefits of this annexation. It is the policy of the City of Prior Lake to facilitate the processin~ of petitions or applications for annexation to the City with1n the orderly annexation area under the following three conditions: 1. Applicant submit in writing a petition or request. 2. Applicant complete a stipulation form as ~rescribed by the Munici~al Board. This form is des1gned (and consistent w1th the Cit~'s intent) for the a~plicant to submit suffic1ent base data for the C1ty to make an evaluation of their request. A stipulation form requirement is designed to address requirements outlined in Minnesota Statutes 414.0325 Subdivision 3. A stipulation form is attached as an addendum to this policy. 1 3. Applicant submits a non-refundable $500 filing fee along with the submittals in step #2 of the process. A~plicant will be responsible for possible add1tional costs up to a maximum out of pocket expense of $2500. All expenses will serve as a reimbursement for staff time as determined on an hourly basis b~ the City Manager. Fees will be reviewed and poss1bly amended on an annual basis by the City Council. It is the applicant's responsibilit~ to undertake an evaluation and provide information 1n support of their request pursuant to the re9Uirements set forth in Minnesota statutes 414.0325 Subdiv1sion 1-5. It is the City's responsibility to process the request by reviewing submittals for completeness, evaluating the information and making a determination as to an affirmative or negative position on the request. It is the policy of the City of Prior Lake to consider annexation requests outside of an existing orderly annexation agreement area. If a request is made, the following conditions will apply: 1. All conditions found in previous process above shall also apply here. 2. Guidelines for action will be determined by the applicable Minnesota statute section in Chapters 414 "Incorporation, Detachment and Annexation". It is the polic~ of the City of Prior Lake to enter into an Orderly Annexat10n Agreement prior to annexing any property. All efforts will be made to that extent where possible. However, in the event an Orderl~ Annexation Agreement cannot be successfully attained, the C1ty maintains the prerogative to initiate or consider annexation proceedings pursuant to Minnesota statutes. It is a pOlicr of the City of Prior Lake to be objective in their evaluat10n of annexation petitions and requests. The City's position will to the greatest extent be consistent with the overall best interest of the community. To further this objectivity, some form of evaluation standards must be present in order for the City Council to take a position on a particular annexation proposal. It is difficult to predict all of the conditions and standards that must be evaluated on each request, however, the following will serve as the minimum standards necessary for the City Council to analyze prior to making a decision on an annexation proposal. 1. Is the request Comprehensive Plan Plan be amended deviation from the consistent with the Citr's and/or can the Comprehens1ve successfully without a great existing plan for the area? 2 2. Is the stipulation form as submitted by the ap~licant thorough and complete? Does the st1pulation form address all of the requirements as noted in Minnesota statutes 414.0325, subdivision 3? 3. What financial impact results from the extension of services to the proposed annexation area? will an overall city-wide increase in taxes, fees or char~es result? Is an overall city-wide increase just1fied based on the importance of annexing the area? 4. What will be the effect of annexation on residents, land owners and property in the area to be annexed? 5. How much revenue can and will be obtained through taxes and other charges levied against the area? will that revenue be sufficient to offset the costs of annexation. 6. What is the present zoning and development status of the land available in the area, and what is the applicant's intention for future development of the area? 7. What, if any, effect will annexation development of this property have on future potential development of property within municipal boundaries adjacent to or near annexation area? and or the the 8. How will the Cit~ and general Prior Lake community as a whole benef1t from this annexation? 9. Any other standard or condition that the Council so designates or chooses in step 3 of the annexation process is attached as this policy. 3 CITY OF PRIOR LAKE ANNEXATION PROCESS The following process will be followed if a petition or request for annexation occurs between any applicant and the City of Prior Lake. 1. A formal meeting with appropriate staff to review the and submittal requirements. Submittal form will be to applicant. Decision as to necessary information for Step #3 action is made at this step. Upon rece1v1ng applicant submittals, staff preliminary summary of information and evaluation. City Council action on preliminary summary and annexation concept. Decision to proceed with evaluation is determined. Policy provided required 2. prepares 3. general further 4. Applicant and staff time is invested to prepare more detailed evaluation and analysis. All submittals are received, staff work is completed and possible recommendation prepared. 5. Plannin9 Commission conducts hearing on request, receives public 1nput and makes recommendation. 6. City Council schedules for discussion, reviews all information and makes decision to either accept or reject request in the form of a Resolution. NOTES Estimated time to process an application through the City is 2 - 4 months. The Process above assumes request is within orderly annexation area; Step 2-3 may be altered if request is outside an existing orderly annexation area. Contacts with existing governmental entity (Township or City) controlling the land will be made during steps 1 and 2. Contact with Municipal Board staff may be made after steps 3 and 6. A Municipal Board hearing mar or may not be required after step 6. Estimated Mun1cipal Board processing time is 1 - 4 months. within an orderly annexation area (in our case) Township Board ap~roval is not necessary to process or act on an applicat1on. Consideration should be given to what position the City wants to take with the Board, if any, on these matters. 4 FRANK J. WICKER, S.R.P.A. August 3, 1990 4769 Dakota Street Prior Lake, Minnesota 55372 447-6040 Dora Fitzgerald 5463 l50th Street Prior Lake, Minnesota 55372 RE: Administrative lot split; Lot 1, Block 1, John Titus Addition Dear Mrs. Fitzgerald: At your request I have made an investigation of your property at 5463 l50th Street, Prior Lake, for the purpose of estimating the financial impact on: 1. Neighborhood property values, 2. Your remaining land and residence. I reviewed the Administrative plat prepared by Valley Engineering, dated June 12, 1990, and a draft supplement to Purchase Agreement that you agree to make part of the sale of the newly created parcel. Based on the foregoing, my opinion on each of the items 1S: 1. There should be no negative impact on the value of any homes 1n the neighborhood. a. The style and standards of the home you require will be in conformity to the neighborhood. b. Set backs will be in conformity to existing homes. c. Street frontage on both parcels exceeds that of properties in the neighborhood, as shown on the attached plat map. d. The proposed split would make sites in conformity with the surrounding neighborhood, as well as other residential areas in Prior Lake. 2. The effect on value of your remaining parcel will be negligible. a. The orientation of your existing house extends only a few feet into the sight-line of Tract A. If the house on Tract A were built on the northwest corner, there would not be a visual over- lap on your existing house. b. Your home tends to relate more with the wooded park area to the south. c. You will have an expansive estate style front yard and entry to your existing home. Real Estate Appraiser f5 Investment Consultant ~ Dora Fitzgerald - 2 - August 3, 1990 d. The proposed fencing will lead into your home. e. The architectural controls you have proposed will minimize any possible adverse effect on your home. f. The preservation of your existing trees and pro- posed fencing or hedge should provide ample visual separation of the sites. If you have any questions pertaining to this analysis, please let me know. \1 am leaving on Saturday, August 4, to attend an appraisal conf;Jen,ce and will not be able to be present at the Council meeting on A gust 6,~90. / \ ' R;j;:l1 /SUb~ tte , FJ ~k J. FRANK J. WICKER REAL ESTATE APPRAISER SUPPLEMENT TO PURCHASE AGREEMENT DATED 1990 by and between Dora J. Fitzgerald, Seller, and , Buyer, For the property legally described as: The North 122.50 Feet of the west 82.50 Feet of Lot 1, Block 1, JOHN TITUS ADDITION, Scott County, Minnesota. 1. The Seller reserves the right to approve of the architectural and site plans For a home to be built on the property which will adhere generally to the Following guidelines: THE SITE a) the home will be situated in the northwest corner of the lot b) respect existing material vegetation and existing trees; the two 8" pines at the south end of the lot will not be removed; every attempt will be made to preserve the two 4" ash in the south halF of the lot. c) d) e) respect diagonal view corridors sides and rear get less review unless bituminous or concrete driveway highly visible THE HOME a) should have it's own character, look good and be honest and consistent with the neighborhood b) consolidate Footprint to respect and work with the lot c) integrate garage into the mass of the home d) minimum double car, attached garage e) same rooF pitch everywhere, but 2: 12 maximum pitch diFFerence allowed iF justiFiable F) generally conForm to square Footage, style and diversity of neighborhood g) detached storage Facilities are discouraged, but iF used of the same color and material as residence h) brick Front, iF used, should wrap corners at least 16" to 24" or use substantial trim board j) wood siding or other material to conForm to neighborhood standards k) decks or platForms contiguous to house 1) any Fencing should be integrated with house architecture Seller Buyer Seller Buyer WE ARE IN AGREEMENT THAT THE PROPOSED SUBDIVISION OF THE JOHN TITUS ADDITION WILL NOT CONFORM TO THE CURRENT LAYOUT OF THE SURROUNDING NEIGHBORHOOD FOR THE FOLLOWING REASONS: 1) THE SEVEN AD.JOINING LOTS IN THE NEIGHBORHOOD ARE ALL APPROXIMATELY 30,000 SQ. FT. LOTS. THE PROPOSED NEW LOT WOULD ONLY BE APPROXIMATELY 10,000 SQ. FT. 2) A NATURAL LINE OF PROGESSION FOR THE SETBACK OF HOUSES ON THAT SIDE OF THE STREET WOULD EXIST WITH THE SETBACK OF THE EXISTING HOME ON THE TITUS ADDITION, THE PROPOSED SETBACK ON THE GORACKE LOT AND THE 50 FT SETBACK ON THE TUSA LOT. WITH THE ADDITION OF A HOUSE ON THE PROPOSED LOT, A NATURAL LINE OF PROGRESSION WOULD NO LONGER EXIST -- RESULTING IN NONCONFORMITY TO THE LAYOUT OF HOUSES ON ADJOINING LOTS. WE ARE JOINTLY CONCERNED BY THE FOLLOWING: *THE COMBINED LOTS AND LOT CONFIGURATION WOULD HAVE AN ADVERSE EFFECT ON THE NEIGHBORHOOD PROPERTY VALUE. *THE MARKETABILITY OF THE COMBINED LOTS WOULD UNDOUBTABLY DECLINE RESULTING IN THE PROPERTY BEING LEFT VACATED FOR LONG PERIODS OF TIME, BECOMING RUNDOWN, LEFT UNSOLD, OR POSSIBLY BECOMING RENTAL PROPERTY. *THAT ANY HOME BUILT ON THE PROPOSED LOT WOULD NOT COMPARE IN VALUE OR APPEARANCE TO THOSE DIRECTLY SURROUNDING THE LOT. *HIGH PROBABILITY OF UNNECCESARY DESTRUCTION OF BEAUTIFUL EXISTING VEGETATION. WE FEEL IT IS YOUR OBLIGATION TO REPRESENT THE BEST INTEREST OF THE CITIZENS OF PRIOR LAKE, SPECIFICALLY, THE NEIGHBORHOOD RESIDENTS. YOUR OBLIGATION IS TO INTERPRET THE CITY ORDINANCE REFERRING TO "CONFORMITY" IN FAVOR OF THE MAJORITY OF THE RESIDENTS OF THE NEIGHBORHOOD. :/11 'A aA/J Ll I. -:rtf-- NAME /.1 jfZ..--1v E)1-t.,flLl/ / ADDRESS s;; 1/ 1/Jr/-O--! ~. k /J1 N 55 ) 72 ( NAME p)'~"'lcS~\ ",;tl\-~ ::::S~U~f ~~~ Pc I,) L " . 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I.J 0- ! ~ ~ I , ,r> 3 \ ---H~no~ ~c a \ .5\-0 l--- l_ ~ ~ I..:r- < ~~ \~ I \'\ \L__.l ~~!/Z -- -- h - -fi.L{I.Q5 ___ I "i I- I. I \::is ~ ~('l L____ \ ~ "" I I I I I I : ~ I < 'd --' I I)"~ I , I ' I V -- i , jY':HY???::gJ ,- '\ ,_ \ t((j '-9 \ I I \ \ ijii;?1 ...... 0- ~ I - dfaJae fine., c::RE.atto't~ 16154 Main S.E. Prior Lake, MN 55372 August 6, 1990 TO WfOM IT MAY CONCc:.RN: Jerry & Rose Hadac who reside at 16154 Main Ave., S.E., Prior Lake, Mn. wish to go on record opposing the Town Center improvements to our propertyl We feel that the proposed improvements would not benefit us as we already have most of the trees, hedges, sidewalks, lights etc as proprosed in the downtown beautification project, not to say the pro- hibitive cost that would burden us and really not make our property that much more valuablel It is also our belief that at future time MertensjSchweich property directly behind us is developed, the gateway to this expansion will come directly thru us rendering proposed improve- ments void subject to redesign~ Due to a previous business appointment, I could not attend this evenings meeting, and my wife is out of townl Thank you for your understandingt Sf':Y:~F~ ~ ~ 'I-ry M. H'adac /L~ ?Jvf 1,,15 ~ ~~~ ~~n~ I HERITAGE 1891 COMMUNITY 1991 19J$% 20J1 PETITION FOR LOCAL IMPROVEMENT Prior Lake, Minnesota f3k , 19 't'O To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not less than 35 percent of frontage of the real property abutting Main Avenue~rom Pleasant street to the intersection of T.H. 13 and CSAH 44 hereby petition the City of Prior Lake to prepare a Feasibility study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, sidewalk, lighting, landscaping, and appurtenant work pursuant to Minnesota statutes, Chapter 429. SIGNATURE OF OWNER DESCRIPTION OF PROPERTY PHONE NUMBER I~Wc. Page 1 of 4 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 .~ PLEASE SIGN WITu . ~ n y6~ FULL , LEGAL SIGNATURE , I - V7 rc,ro ,{/~ u~'_' .I~ '\ lI"- 1.\\. E ~o Pr10r Lake, HUSBANO ANO W IFE. PETITION FOR W\..fi.w ~__ Minnesota 19 To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not less than 35 percent of frontage of the real property abutting Main Avenue from Pleasant Street to the intersection of T.H. 13 and CSAH 44 hereby petition the City of Prior Lake to prepare a Feasibility Study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, sidewalk, lighting, landscaping, and appurtenant work pursuant to Minnesota Statutes, Chapter 429. SIGNATURE OF OWNER DESCRIPTION OF PROPERTY PHONE NUMBER ''''--=cc.cc..~-''''''=C.~'~=n'77[;''C7'---/r-zo &. '-... / '1SEl / (J Page 2 of 4( ,,~: ,i;'''1 , .' ,.... - t"\'" :/") ,.~~"'~, "" .~ 4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245