HomeMy WebLinkAboutX-C-3 a & b Best Property-Summergate-1st Reading Order Public Hearing Ordinance for Annexation-Resolution Comprehensive Plan Amendment
City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: December 6, 2021
Item: Summergate Companies - Annexation and Comprehensive Plan Amendment - TH 316 & Michael Avenue Council Action Requested Consider the following actions related to development of 71 acres located east of TH 316
and Michael Avenue as requested by Summergate Companies on land owned by Best
Development Company, LLC: 1) 1st Reading\Order Public Hearing - Ordinance for Annexation. Consider 1st Reading and order a public hearing for January 18, 2022 to consider incorporation
of the site into the city limits of Hastings. 2) Resolution: Comprehensive Plan Amendment - Extend the Metropolitan Urban Service Area (MUSA) Boundary. Amendment will allow inclusion in the service area for municipal sewer and water. Proposed development concept is
consistent with the 2040 Comprehensive Plan.
Approval of both actions requires a simple majority of the City Council. BACKGROUND
Existing Condition
The western 2/3rds of property is flat, treeless and currently cultivated. A treelined exists along the eastern 1/3 where the grade drops into a native prairie area that is
adjacent to the Hastings Sand Coulee Scientific and Natural Area (SNA) owned and
protected by the Minnesota DNR.
Conceptual Plan for Development
Summergate has submitted a conceptual plan for development of 159 single family homes on the site. The plan is consistent with the Low Residential Land Use Category of the Comprehensive Plan. Areas located within the sand coulee (east end of development) would remain undeveloped. Applications for rezoning, preliminary plat, and final plat will
be considered by the Council at a later date.
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Adjacent Zoning and Land Use
The following land uses abut the properties:
Direction Use Comp Plan District Zoning District
North Single Family Residential Hastings Sand Coulee SNA Low Residential Upland Conservation R-1 Single Family A - Agriculture
East Marshan Township Large Lot Rural Housing Marshan Township Marshan Township
South Marshan Township Large Lot Rural Housing Marshan Township Marshan Township
West TH 316 - Red Wing Blvd Hope Lutheran Church Agriculture
Marshan Township Marshan Township
ANNEXATION Annexation involves the extension of the City of Hastings corporate limits and is regulated by Minnesota State Statutes Section 414.033. A city may annex abutting
unincorporated property by ordinance upon petition of the property owner and a public
hearing. Analysis
• The proposal is consistent with the Comprehensive Plan. The property is
guided Low Density Residence.
• Need for Residential Lots. Additional single family lots are needed to meet
demand, especially in the southern part of the City.
• Completion of TH 316 Improvements. The property has been planned for
residential development for over 25 years upon completion of TH 316 roadway
improvements in Hastings.
COMPREHENSIVE PLAN AMENDMENT Metropolitan Urban Service Area (MUSA)
The MUSA boundary is established as part of the Comprehensive Plan to identify areas
that are presently served by municipal sanitary services (city sewer) and those that are planned for future extension of municipal services. Metropolitan Council requires an
amendment to the Comprehensive Plan to extend the MUSA Boundary.
The property is identified for “Stage 2 Development” on the Development Staging Plan
Map. Stage 2 Development identifies growth areas that presently abut the City limits
and would require annexation.
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Analysis The proposal is consistent with planned growth and utility extension:
• Property is guided for Low Residential development. Conceptual plans for
development are consistent with the Low Residential category.
• The Development Staging Map of the Comp Plan identifies the area for future MUSA
Extension
Advisory Commission Discussion:
The Planning Commission voted 7-0 to recommended approval of the Comprehensive Plan Amendment at the November 22, 2021. During the public hearing two adjacent residents asked if the developer could construct a privacy fence and shared concerns about TH 316 traffic. Please see the attached minutes for further information.
Council Committee Discussion: The Planning Committee of City Council (Chair Folch, Leifeld, and Vaughan) reviewed the item on September 8, 2021 and were supportive of development.
Attachments:
• Location Map
• Ordinance Amendment - Annexation
• Resolution - Comprehensive Plan Amendment
• Planning Commission Minutes - November 8, 2021
• Planning Commission Report - November 8, 2021
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LOCATION MAP
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CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2021-___ AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING
ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING
THE CITY WHICH IS OWNED BY BEST DEVELOPMENT COMPANY
LLC
PREAMBLE
WHEREAS, the City of Hastings has received a petition from Best Development
Company, LLC (“Petitioners”) seeking annexation of land to the City of Hastings, and;
WHEREAS, the Petitioners have represented to the City of Hastings that they are the sole owners of property generally located north and east of TH 316 and Michael Avenue, and identified as PID 25-00200-51-012 and 25-01100-27-012. The
property is legally described as follows:
That part of the South Half of the Southwest Quarter of Section 2, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16 MN DOT ROW Plat 19-138.
AND That part of the west 100 acres of the Northwest Quarter of Section 11, Township 114, Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that
Parcel 16 MN DOT ROW Plat 19-138.
WHEREAS, the property is unincorporated; it abuts the limits of the City of Hastings;
is not included within any other municipality; is not included in any area that has
already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is
approximately 71.0 acres in size, and;
WHEREAS, the City of Hastings held a public hearing pursuant to Minnesota Statutes
414.033, Subd. 2b, on January 18, 2022, following thirty (30) days written notice by
certified mail to the Town of Marshan (“Township”) and to all landowners within and
contiguous to the area legally described herein to be annexed, and;
WHEREAS, provisions of Minnesota Statutes 414.033, Subd. 13 are not applicable in
that there will be no change in the electric utility service provider resulting from the
annexation of the territory to the municipality.
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ENACTMENT
Section 1. The City Council hereby determines and finds that the property
described above abuts the City of Hastings; that the area to be annexed is 120 acres or less, that the property is not included in any area that has already been designated for orderly annexation pursuant Minn. Stat. 414.0325; that the City of Hastings received a properly prepared Petition for Annexation signed by all of the owners of the property;
and that the Petition for Annexation complies with all of the provisions of Minn. Stat.
414.033.
Section 2. The property is urban or suburban in character and is in need of City
services which can be provided by the City of Hastings.
Section 3. The corporate limits of the City of Hastings are hereby extended to
include the property described above and that same property is hereby annexed to and
included within the City of Hastings as if the property had originally been a part of the
City.
Section 4. The City Clerk is directed to file a certified copy of this Ordinance
with the Minnesota Office of Administrative Hearings; Marshan Township; Dakota
County and the Minnesota Secretary of State.
Section 5. Property taxes payable on the annexed land shall be paid to Marshan
Township for year 2022, the year in which the annexation becomes effective, in
accordance with Minn. Stat. 414.033, Subd. 12.
Section 6. The City of Hastings, pursuant to Minn. Stat. 414.036, shall provide
reimbursement to Marshan Township to compensate the Township for loss of taxable
property in the amount of eight hundred ninety dollars and forty-six cents ($890.46)
payable in two annual payments: (1) on January 2, 2023 in the amount of $445.23; and
(2) on January 2, 2024 in the amount of $445.23.
Section 7. Pursuant to Minn. Stat. 414.036 with respect to any special assessments
assigned by Marshan Township to the annexed property and any portion of debt incurred
by the Township prior to the annexation and attributable to the property to be annexed,
there are no special assessments or debt incurred by the Township on the subject area for
which reimbursement is required.
Section 8. This Ordinance shall become effective upon its passage, seven days after
its publication, the filing of the certified copies as directed in Section 4 and upon approval
of this Ordinance by the Minnesota Office of Administrative Hearings.
Adopted by the Hastings City Council on January 18, 2022, by the following vote:
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Ayes: Nays: Absent:
ATTEST: __________________________ Mary D. Fasbender, Mayor
________________________________
Kelly Murtaugh, City Clerk (City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of January 2022 as disclosed by the records of the City of Hastings on
file and of record in the office.
________________________________
Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by:
City of Hastings (JH)
101 4th St. E. Hastings, MN 55033
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
AMENDING THE CITY OF HASTINGS 2040 COMPREHENSIVE PLAN
Councilmember ___________________________ introduced the following Resolution
and moved its adoption:
WHEREAS, The Summergate Development has petitioned for an amendment to
the 2040 Comprehensive Plan on land owned by Best Development Company LLC to
extend the Metropolitan Urban Service Area (MUSA) Boundary to incorporate
approximately 71.9 acres generally located north and east of TH 316 and Michael Avenue
as depicted on Exhibit A.
WHEREAS, On November 22, 2021 the Hastings Planning Commission
recommended approval of the amendment as presented; and
WHEREAS, The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the amendment as presented to the City Council
subject to the following conditions:
1. Approval by Metropolitan Council.
2. Approval of an Ordinance for Annexation to incorporate the property into the City
of Hastings.
Council member ______________________ moved a second to this resolution and upon
being put to a vote adopted by those present.
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Adopted by the Hastings City Council on December 6, 2021, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
(City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of
December, 2021, as disclosed by the records of the City of Hastings on file and of record
in the office.
________________________________
Kelly Murtaugh, City Clerk
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
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PLANNING COMMISSION MINUTES - November 22, 2021 Summergate Properties - Comprehensive Plan Amendment #2021-36 - Extension
of Metropolitan Urban Service Area - NE corner of TH 316 & Michael Ave Director Hinzman presented a summary of the request to amend the Comprehensive Plan to extend the Metropolitan Urban Service Area (MUSA) Boundary noting specific review of the subdivision would occur upon plat
application at a late date. Chair Messina opened the public hearing. Bryan Tucker of Summergate Development stated they are having ongoing
dialog with the DNR on acquisition of the prairie area into the adjacent Scientific
and Natural Area. Daniel King of 17150 Red Wing Blvd stated he lives adjacent to the property and has concerns about potential future trespassing on his land, could a privacy
fence be erected or another means to prevent people coming onto his property.
Steve Engstrom of 17162 Red Wing Blvd abuts the property and concerns about privacy and requests a fence. He also shared concerns of TH 316 traffic. What will be the schedule or timing for the development?
Mr. King asked if MN DOT would be involved in project review. Director Hinzman stated they would review the plat application when it is submitted. Chair Messina closed the public hearing.
Commissioner Matzke asked if capacity of the sewer line has been investigated
to handle the proposed development; who would pay for roadway improvements. Director Hinzman stated capacity of the sewer lines and plant are investigated as part of the Comprehensive Plan to ensure they can handle proposed development. Improvements to TH 316 triggered by the development would be
paid by the developer. Commissioner Peters asked why the lowland prairie area is included as part of the MUSA expansion since it won’t be developed. Director Hinzman stated the Future Land Use Map of the Comprehensive Plan identifies the area for
parkland\open space and it is not guided for development. Commissioner Romens asked for clarification that the future land use would not change. Director Hinzman confirmed that the future land use is not proposed to change.
Commissioner Teiken clarified that annexation and development are not being considered tonight, those would be considered at a later date.
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Commissioner Halberg motioned to recommend approval of the comprehensive plan amendment as presented. Seconded by Commissioner Matzke. Vote: Ayes
7; Nays: 0. Motion approved as presented. Recommendation will be forwarded
to the City Council on the December 6, 2021 meeting for final action.
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To: Planning Commissioners
From: John Hinzman, Community Development Director
Date: November 22, 2021
Item: Comprehensive Plan Amendment #2021-36 - Extension of MUSA Boundary - NE Corner
of TH 316 & Michael Avenue - Summergate Properties
Planning Commission Action Requested
Review and make recommendation to the City Council on the attached amendment to the 2040
Comprehensive Plan extending the Metropolitan Urban Service Area (MUSA) Boundary to
incorporate approximately 71.9 acres of land currently within Marshan Township. The area is
coterminous with a request for annexation of the property into the City of Hastings.
BACKGROUND
2040 Comprehensive Plan
The Comprehensive Plan serves as a roadmap for the future development of Hastings. The Plan
establishes goals and objectives to guide future development decisions relating to land use and
development. The 2040 Plan was adopted by the City Council in 2020 and is updated every ten
years. The full Comprehensive Plan is hosted on our website at https://www.hastingsmn.gov/city-
government/city-departments/planning-zoning/planning-documents/comprehensive-plan.
Difference between the Comprehensive Plan and Zoning
The Comprehensive Plan serves as a guiding document for future land use and includes a Future
Land Use Map identifying desired land uses. The Zoning Ordinance is the legal mechanism for
regulating land use and includes the zoning map which identifies zoning districts and permitted
uses. The Future Land Use Map of the Comprehensive Plan is used to guide decisions on rezonings.
Existing Condition
The western 2/3rds of property is flat, treeless and currently cultivated. A treeline exists along
the eastern 1/3 where the grade drops into a native prairie area that is adjacent to the Hastings
Sand Coulee Scientific and Natural Area (SNA) owned and protected by the Minnesota DNR.
Planning Commission Memorandum
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Conceptual Plan for Development
Summergate has submitted a conceptual plan for development of 159 single family homes on the
site. The plan is consistent with the Low Residential Land Use Category of the Comprehensive
Plan. Areas located within the sand coulee (east end of development) would remain undeveloped.
Future Land Use Actions
The Planning Commission would review applications for rezoning, preliminary plat, and final plat
in the future. Future land use actions would be preceded by another public hearing notice.
Adjacent Zoning and Land Use
The following land uses abut the properties:
Direction Use Comp Plan District Zoning District
North Single Family Residential
Hastings Sand Coulee SNA
Low Residential
Upland Conservation
R-1 Single Family
A - Agriculture
East Marshan Township
Large Lot Rural Housing
Marshan Township Marshan Township
South Marshan Township
Large Lot Rural Housing
Marshan Township Marshan Township
West TH 316 - Red Wing Blvd
Hope Lutheran Church
Agriculture
Marshan Township Marshan Township
Public Notification
Notification of the meeting was sent to all property owners within 350 feet of the proposed
property. As of the writing of this report no comments have been received.
Metropolitan Urban Service Area (MUSA)
The MUSA boundary is established as part of the Comprehensive Plan to identify areas that are
presently served by municipal sanitary services (city sewer) and those that are planned for future
extension of municipal services. Metropolitan Council requires an amendment to the
Comprehensive Plan to extend the MUSA Boundary.
The property is identified for “Stage 2 Development” on the Development Staging Plan Map. Stage
2 Development identifies growth areas that presently abut the City limits and would require
annexation.
Analysis
The proposal is consistent with planned growth and utility extension:
• Property is guided for Low Residential development. Conceptual plans for development
are consistent with the Low Residential category.
• The Development Staging Map of the Comp Plan identifies the area for future MUSA Extension
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ATTACHMENTS
• Location Map
• Comprehensive Plan Amendment
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LOCATION MAP
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