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HomeMy WebLinkAboutJune 22, 2009~ PRIO - _..;~i ,~ ~' ~ ~' 4646 Dakota Street S.E. U ; x Prior Lake, MN 55372-1714 `~rNVESO~P REGULAR PLANNING COMMISSION AGENDA MONDAY, JUNE 22, 2009 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Approval of Minutes: A. June 8, 2009 3. Public Hearings: A. The purpose of the public hearing is to consider an amendment to Section 1102.1100 of the Zoning Ordinance to allow an Area Learning Center as a permitted interim use in the General Business (C-2) Zoning District. 4. Old Business: 5. New Business: A. 09-108 The Shakopee Mdewakanton Sioux Community has submitted an application for the renaming of Oakes Lane. 6. Announcements and Correspondence: 7. Adjournment: L:\09 FILES\09 PLANNING COMMISSION\09 AGENDAS~AO!~@~O1pYlOYlak2.COYrI Phone 952.447.9800 /Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, JUNE 8, 2009 I. Call to Order: Chairman Ringstad called the June 8, 2009 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Perez, Billington, Howley and Ringstad, Community Development/ Natural Resources Director Danette Parr, Planner Jeff Matzke, and Community Development Assistant Michelle Czycalla. Ringstad stated that Commissioner Fleming will be late to the meeting. 2. Approval of Minutes: The Minutes from the May 26, 2009 Planning Commission 3. Public Hearings: A. 09-107 EFH Realty Advisors, Inc. is requesting to amend approximately 5.7 acres (3 parcels) of property from R-1 (Loy (Community Business). The subject property is located at 143 Avenue NE, and 6880 Boudin Street NE. Community Development/Natura] Resources Director] June 8, 2009, on file in the office of the Community De Parr stated that the site is designated C-CC (Communit Land Use Map, which is consistent with either C-2 or specifically for the rezoning application and comments time. g Map designation on Residential) to C-2 by Avenue NE, 14291 Timothy Planning Report dated •ces Department. Retail Shopping) on the 2030 Comprehensive 4 zoning. Parr stated that this public hearing is ~garding site specifics will not be heard at this Parr highlighted'that the City adopted a new Zoning Ordinance effective June 1, 2009 which combines the old C-2 and C-4 Zoning Districts into one. Parr added this public hearing is taking place as a procedural step because EFH Realty Advisors, Inc. submitted a complete application prior to June 1, 2009. Parr highlighted the allowed land uses that apply to the site (Code in effect at this time) and those uses that require a Conditional Use Permit under the Zoning Code. Parr added that the site must adhere to the criteria in effect at the time the completeapplication was received, thus the criteria (setbacks, etc) of the old C-2 Code applies to this site. Planner Jeff Matzke highlighted the permitted uses, permitted uses with conditions and uses permitted by a Conditional Use Permit in the new C-2 Zoning District. Parr added that permitted uses and permitted uses with conditions may not necessarily fit a site due to the size of the site, setbacks, etc. Parr highlighted that the proposed C-2 zoning is consistent with the 2030 Comprehensive Plan Land Use Map and based on the findings staff recommends approval. Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6:12 p.m. Gene Happe, owner of the subject property, stated he believes staff has laid out the proposal well and indicated he will be available to answer any questions the Commissioners has. C:ADocuments and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKBS\MN060809.doc Planning Commission Meeting June 8, 2009 Jeff Phalen, 14271 Timothy Avenue NE, stated that the Commission has three options; (l) approve the G 2 rezoning, (2) to deny the G2 rezoning, or (3) take other specified action as directed by the Planning Commission. Mr. Phalen spoke on behalf of his family and the Boudin Association Neighbors when asking the Commissioners to exercise option three and change the zoning of the property to G 1. Phalen stated while G1 zoning is mildly inconsistent with the Comprehensive Land Use Plan, it was the City Council that stated they would like to see this development proceed providing it have the look and feel of a neighborhood like development. Phalen asked the Commissioners to follow the guidance of the City Council and change the zoning to C-1. Phalen added that the G1 zoning would fall in line with the properties to the north and still allow the development to proceed as proposed with some reasonable limitations. Phalen also stated that the C-1 zoning will afford the neighborhood with the inherent protections that the C-1 Zoning Ordinance requires and that were promised by the City Council. Phalen explained the Commission has an opportunity to establish some semblance of a reasonable transition which the Comprehensive Land Use Plan and the Zoning Ordinance call for. Phalen added that the Commission has the opportunity to offer some real change and protect the residents of this great City. Phalen asked the Commissioners to elect option three and move to a C-1 zoning. Tony Stapleton, 6807 Boudin Street, stated he has a signii residential to commercial will put a heavy burden on the s~ Minnesota a year and a half ago when this site was a churc would approve of any kind of commercial on this site. Sta for a City like Prior Lake is important, however he doesn't anything that would help the resident in this area abso-°b th zoning of this site to commercial. Stapleton stated he does residents and asked what the City will do for the residents happy with the commercial uses that already exist next to church site being rezoned. Stapleton asked what the. City i effects from this site going from residential to commercial area, you have to walk your dog or children on the street, will be significant. Stapleton invited the developer to a W concerns. Stapleton also added the streets are in disrepair i residents have to accept commercial zoning what is the C doesn't totally rely on the residences and tax paying eitize property. ~t concern that the rezoning of the site from undin~ residents. Stapleton moved to hand doesn't think anyone in the audience pleton stated he does understand that tax revenue believe that the City has done or shared e weight and responsibility by changing the n't believe that the neighborhood can retain its adjacent to the site.. Stapleton added he is not his property and he`is not looking forward to this s going to do to offset some of the negative . Stapleton added there are no sidewalks in the and the transient traffic that will be introduced atersedge Association meeting to address specific n the area. He concluded by asking if the ty and applicant going to do so the responsibility ns of Prior Lake that live next to the subject Sandee Wright, 14300 Timothy Avenue; stated that she is here with Mr. Phalen and the rest of the neighbors'to ask the Commission to considerC-1 zoning. Wright stated several neighbors met with the developer Wednesday, June 3, 2009, where Mr. Happe educated the neighbors on how much control the developer, the residents and the City have regarding the development of this site. Wright stated that Mr. Happe taught them that the City has most of the control. Wright added that although the residents have already lost in the Comprehensive Land Use change, this is another opportunity for the Commission to help the residents balance and control some of what goes on at this site. Wright commented there are homes that are going to stare down at whatever is placed on the property and from the moment development begins, the residents are the ones that will be living with it. Wright mentioned that because of the decisions that the Planning Commission and City Council are making the residents are bearing the bnmt of spending their time trying to understand how to protect their homes. Wright highlighted that there has been promises from the Planning Commission and City Council that they are good at taking care of the neighbors and make things work out fairly. Wright added that there is no one else to depend on but the Commission to follow through on these promises. Wright stated that the residents are just trying to live in this wonderful neighborhood however they are totally dependent on the decisions made by the Planning Commission and City Council. Wright admitted she no longer has control over her family's future, it is now in the hands of the City and a developer. Wright asks that the Commissioners to consider her statements when making their decisions. C:ADocuments and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKBS\MN060809doc 2 Planning Commission Meeting June 8, 2009 Tyanne Riegle, 14200 Rutgers Street, stated she moved to the neighborhood six and a half years ago for the park, the lake, the nearby grocery locations, and the minimal traffic. Riegle stated she has several neighbors she is watching because they race in and out of the neighborhood and she fears for the safety of the children in the neighborhood and all those people walking on the streets. Riegle stated she frequently walks through Boudin Park to Timothy Street crossing Highway 13 to get to Target or the grocery store. With this proposed development she will not be able to do that anymore. This is the first time Riegle has spoken, however she believes it wouldn't have made a difference if she had earlier. Riegle stated she plans to live in the neighborhood for the rest of her children's school career and asked why the neighbors have to accommodate what is developed at the site. Riegle questioned why the neighborhood families are being put at risk and why are their homes area being lowered in value. Riegle mentioned that people love the neighborhood because it's a niche, its quiet, and it's barely accessible. Riegle stated she also has a dock at the Boudin Association and is concerned about people parking their boats at those docks to access the development. Riegle added that people are already parking their boatson their private docks to access the MGM liquor store and questioned how many more boaters this gas station is going to attract. Riegle highlighted that there are no sidewalks or posted speed limits in theneighborhood. She is not happy and believes the City has done a poor job of considering the people that live in the neighborhood. Riegle asked the Commissioners what they would do if they lived in this neighborhood and asked them to consider something better than what has happened so far. Mary Quinn, 14160 Rolling Oaks Circle, asked when is this going to end. Quinn stated that if the City is going to rezone the site to a designation beyond what the neighbors who live in the area are asking for she wonders when this is going to end. Quinn stated that there are elderly residents with homes near the site and asked if at some point the commercial designation will extend beyond this site. Quinn commented on the building that is for sale on Boudin Street and questioned if that's going to be torn down and redesignated as well. Quinn asked that the Commissioners listento the neighbors; they are the ones that have to live near this development. Quinn commented that this is rota gas station in a new development, this is a gas station in an established neighborhood. Quinn asked if the Commissioners would like to live next to a gas station. Quinn believes that this commercial designation is not going to end here; it has the potential to go all the way down to the lake. Gene Happe, owner of the subject property, gave what he referred to as a history of the site, stating he first sat down with the City in June of 2007. Happe said that at that time he was told that the neighbors had been informed that this sitewould ultimately become commercial and was encouraged to come forward with the G2 zoning. Happe added that in most cases it takes about a year to put a project together, which is what happened here. Happe stated after receiving word from the City that this will become commercial property he went on to negotiate with the church. After it looked as though Happe's group could purchase the site, the development process began. Happe commented that the site is not up to Code to put in another church so this was the obvious way to go. Happy stated that he offered to purchase the church site and three residential properties, one of which would not be sold to a developer and ultimately became Mr. Phalen's home. Happe stated thatsome of those who spoke tonight moved into Prior Lake within the last year and a half when it was common knowledge that this site was going to become commercial and had they done their due diligence they would have been told that. Happe added that the view from Mr. Phalen's home consists of the Edina Realty office building, Target, Applebee's, a Perkins restaurant and a major intersection with stoplights. Happe stated that in his meeting with the area residents, the emphasis was how to block this view so the homes left do not have to look at the development. Commissioner Ringstad interrupted Mr. Happe stating that this public hearing is for the rezoning of the property and not site specifics. C:ADocuments and Settings\mezycalla\Local Settings\Temporary Internet Files\OLKE35\MN060809.doc 3 Planning Commission Meeting June 8, 2009 Happe concluded stating that he followed what he was told by the City, that this was intended to be commercial property. Happe stated that the C-I zoning will not accomplish what he is asking for and the C- 2zoning is needed. Sandee Wright, 14300 Timothy Avenue, stated she thinks it's important to set the public record clear about what the neighborhood knew. Wright stated that a few years ago the neighborhood received a letter that welcomed them to a meeting to discuss "the future of their neighborhood". Wright added that the majority of the neighborhood showed up to this meeting wondering what this meant. Wright stated that at that meeting City Manager Frank Boyles asked if this neighborhood should remain residential. Wright stated that several neighbors stood up at the meeting and said, without a doubt, they would like the neighborhood to remain residential. Wright highlighted that the residents never received information about what was in the plans for the site. Wright added that residents in the neighborhood appreciate it location, the maturity of the trees, and the size of their yards, all things you can't get in other developments in Prior Lake. Wright stated she would like to see minutes from the meetings where residents were told that this site was going to become commercial. Wright recalled the neighborhood rebuttals to changing this site from residential to commercial Tony Stapleton, 6807 Boudin Street, stated that he wishes the parcel church. Stapleton asked what the City and the applicant can do to mal citizens adjacent to the site. Stapleton stated the residents in the neigh paid a good amount of money for their properties. Stapleton added th; City might be surprised what the residents of the neighborhood will-a them. Stapleton stated he has a few requests himself if this site contai The public hearing was closed at 6:44 p.m. , Commissioner Comments: Perez: • Appreciates everyone's comma • Commented on Mr. Phalen's rf • This proposal is looking to brig • The area has changed and we t Manager B• • Invited Mr. this matter. Happe for coy neighbor's c ;yanne to take lesand his sta ~ould be a park, a library or a this a palatable rezoning for the ~rhood pay their taxes on time and if this site is zoned C-2 or C-1 the for to make this more palatable for a has station the C-1 zoning stating we have already been there. consistent with the Comprehensive Land Use Map it to g the history of the project and added he found Happe's comments lon knowledge of the site to be somewhat disrespectful. concerns regarding speed limit signs and potholes up with City ium to speak to the promises that he stated were made to him regarding Mr. Phalen stated he recalls hearing that this would be a very transparent process; that the neighbors would be intimately involved as this development proceeds; that there would be a number of future opportunities to discuss the rezoning, platting and conditional use process; and that the City had an interest in protecting the neighbors and striking a balance. Phalen added that he understood that the neighbors would not have the burden of fighting and part of the Planning Commission and City's role is to protect the neighbors while trying to strike a balance. C:ADocuments and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKBS\MN060809.doc 4 Planning Commission Meeting June 8, 2009 Fleming: • Asked staff to display the permitted uses for C-1 zoning. Matzke displayed and read the permitted uses, permitted uses with conditions, and permitted uses with a Conditional Use Permit under the C-I Zoning District. • Agrees with Commissioner Perez's comments and recognizes tonight's decision is an important one. • Plans to support staffs proposal. • Called the audiences attention to page six of the planning report and highlighted the last sentence of the Amendment Findings section as assurance from the Planning Commission and City Council to the neighbors. Billington: • Is in agreement with the staff report and will support the zoning Howley: • Appreciated the public comments on the issue. • Recognized that the site is now C-CC and this proposal • Will not be supporting this proposal. Ringstad: • Agrees with most of the Commissioners comments. • Highlighted that the Comprehensive Plan Amendment was ec with exception to the west and the C-2 zoning coincides with • Thanked everyone for their keeping comments on the subject • Invited everyone to the platting/conditional use permit public • Highlighted that even though the residents feel they have lost • Will support the proposed zoning change. MOTION BY BILL ZONING ORDINAL FROM R-1 TO C-2. Vote taken indicates ayes by MOTION CARRIED. This 4. 5. 6. Howley opposed. Parr highlighted two items that will be covered at the June 22, 2009 Planning Commission meeting: I . Street renaming request received from the Shakopee Mdewakanton Sioux Community 2. Consideration of an application for an Ordinance Amendment to allow an Interim Use in the C-2 Zoning District. 7. Adjournment: The meeting adjourned at 6:59 p.m. Michelle Czycalla, Community Development Assistant APPROVAL OF A THE ZONING OF THE SUBJECT PROPERTY with the surrounding properties ;ent zoning to the south. ding the meeting. to discuss the site. e still opportunities in the future. C:\Documents and Settings\mczycalla\Local Settings\Temporary Internet Files\OLKBS\MN060809.doc PLANNING REPORT AGENDA ITEM: 3A SUBJECT: CONSIDER AN AMENDMENT TO THE CITY ZONING CODE IN SECTIONS 1101 AND 1102 PREPARED BY: DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL RESOURCES DIRECTOR PUBLIC HEARING: X YES NO-N/A DATE: JUNE 22, 2009 INTRODUCTION: The purpose of this public hearing is to consider two amendments to the City Zoning Ordinance. The amendments are proposed for the following sections: • Section 1101: General Provisions of the Zoning Code, which would add a definition for the land use known as "alternative school"; and • Section 1102: "C-2" General Business Use District, which would allow for an alternative school as a permitted interim use in the C-2 Zoning District. DISCUSSION On June 1, 2009, the City Council amended the Prior Lake Zoning Ordinance to allow for the future consideration of interim uses within specified Zoning Districts. The amended Code language included the following: Section 1101.202 was amended to read as follows: This Ordinance divides the City into 12 Use Districts. Within each Use District certain uses of land are permitted, permitted with conditions, permitted by conditional use permit or permitted by an interim use ep rmit. Section 1101.400 was amended to add "interim use" to the definitions as follows: Interim Use. A temporary uses of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it. Section 1108.902 was amended to add Interim Uses to the list of Land Uses that are subject to Site Plan review procedures. l:A09 files\09 ordin amend~zoning\prior lake -savage area schools\pc report 062209.doc Page 1 Section 1108 was amended to add a new Subsection 1108.1000 "Interim Use Permits" as follows: 1108.900 INTERIM USE PERMIT. 1108.1001 Purpose and Intent. Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances be acceptable for a prescribed period of time. An Interim Use is a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it. An Interim Use may never become a Use that is permitted, permitted with conditions or allowed by conditional use permit unless a Use District in the Zoning Ordinance is amended, following the procedure set out in Section 1108.500, by a 4/5ths vote of the City Council to add the Use. 1108.1001. Process. Two steps must occur before an Interim Use can occupy a property. The first step requires the City Council to designate a particular Use allowable in a specified Use District as an Interim Use. The second step requires the application for and approval of an Interim Use Permit. (a) Designation of Interim Use. An Interim Use maybe designated by the City Council in the same manner as a Zoning Ordinance Amendment. (b) Application for Interim Use Permit. The procedures for applying for an Interim Use Permit, the required exhibits, and the criteria for granting an Interim Use shall follow the process for Conditional Use Permits, as set out in Section 1108.200. (c) Limited Application. Interim Uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an Interim Use Permit does not confer upon the property owner and vested right. (c) Permit. The City Council may grant an Interim Use Permit for the interim use of property if.' (1) The use conforms to (is allowed in) the zoning district; (2) The date or event that will terminate the use can be identified with certainty; (3) Permitting the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The permittee agrees in writing to any conditions that the city council deems appropriate for permission of the use. l:\09 files\09 ordin amend\zoning\prior lake -savage area schools\pc report 062209.doc Page 2 (d) Assent Form. An Interim Use Permit requires the applicant to sign an assent form and any approved exhibits which acknowledge the terms and conditions under which the Interim Use Permit is granted. The applicant thereby agrees to observe and be bond by the terms and conditions set forth. (e) Permit Termination. An Interim Use Permit shall expire or be terminated by: (1) A change in zoning regulations, which prohibits the use. (2) The date of event(s) stated in the permit. (3) Upon a violation of any condition under which the permit was issued. (t) Permit Review. An Interim Use Permit may be reviewed annually but maybe reviewed at any time if the council is of the opinion that the terms and conditions of the permit have been violated or if one (1) of the criteria for termination has been meet. (g) Permit Extension. The City Council shall have the right to extend the termination date for such additional periods as are consistent with the terms and conditions of the original permit, but in no event beyond ten (10) years. As is required as part to the June 1St Ordinance amendments related to permitted interim uses (detailed above), the following two processes must take place in order to allow for an interim use on a specific site: 1) The Zoning Ordinance must be amended to permit the interim use in a specific Zoning District. This request to amend the Zoning Ordinance is what is currently before the Planning Commission for consideration. 2) The applicant must apply for an Interim Use Permit (IUP) that pertains to a specific site within a permitted Zoning District. The request for an IUP on a specific site will be a part of a future public hearing, which is not part of the Planning Commissions current consideration. I:A09 files\09 ordin amend~zoning\prior lake -savage area schools\pc report 062209.doc Page 3 ANALYSIS: The following two Ordinance Amendments are being proposed: • Section 1101.1000: Adding the following definition: Alternative School: A school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. • Section 1102.1104 Adding the following language: Uses Permitted by Interim Use Permit. No structure or land in any "C-2" District shall be used for the following uses except by Interim Use Permit. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the specific conditions imposed in this Subsection and with any conditions the Planning Commission and City Council may impose that are intended to promote the health, safety, and welfare of residents within the City to maintain the characteristics of a neighborhood. (1) Alternative School. Conditions: a. A student transportation or parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a bufferyard, Type C as described in Subsection 1107.2005. ZONING ORDINANCE AMENDMENT FINDINGS Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: I:\09 files\09 ordin amend\zoning\prior lake -savage area schools\pc report 062209.doc Yage 4 1. There is a public need for the amendments. The School District has indicated that a public need exists for a local alternative school to allow for a suitable place for students to learn in a non- traditional environment that will better meet their needs, as well as those of the School District. 2. The amendments will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Goals and objectives of the 2030 Comprehensive Plan include: • Promote sound land use; and • Create an environment in which all citizens have the opportunity to develop their full potential • Encourage the development of a broad range of educational and learning opportunities for persons of all ages. Purposes of the Zoning Ordinance include: • Protect the residential, business, industrial and public areas of the community and maintain their stability. • Provide for compatibility of different land uses by segregating, controlling, and regulating unavoidable nuisance producing uses. The proposed amendment strives to accomplish these goals, objectives and policies by strengthening the effectiveness of the existing ordinance. 3. The adoption of the amendments is consistent with State and/or Federal requirements. These amendments are consistent with federal and state laws. CONCLUSION The proposed amendments are consistent with the goals and objectives of the 2030 Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval of the amendments. ACTION REQUIRED: A motion and second recommending approval of the proposed amendments as recommended by staff and indicated in the attached draft ordinance. ALTERNATIVES: 1. Recommend the Council approve the amendments as proposed, or with changes specified by the Planning Commission. l:\09 files\09 ordin amend\zoning\prior lake -savage area schools\pc report 062209.doc Page 5 2. Recommend the Council deny the proposed amendments. 3. Table or continue discussion of the item for specific purpose. RECOMMENDATION: The staff recommends Alternative #1. ATTACHMENT: 1. Draft Ordinance Amendments L\09 files\09 ordin amend\zoning\prior lake -savage area schools\pc report 062209.doc Page 6 CITY OF PRIOR LAKE ORDINANCE NO. 109- XX AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1101.1000 is amended to add the following definition for an "Alternative Learning School": Alternative School: A school which offers a curriculum which is equivalent to but is a substitute for the curriculum commonly found in more traditional public or private schools. Section 1102.1104 is added the Zoning Code to provide the following language: Uses Permitted by Interim Use Permit. No structure or land in any "C-2" District shall be used for the following uses except by Interim Use Permit. These uses shall comply with the Commercial Performance Standards of Subsection 1102.1300, the requirements of all the general conditions provided in Subsections 1108.202 through 1108.204, with the specific conditions imposed in this Subsection and with any conditions the Planning Commission and City Council may impose that are intended to promote the health, safety, and welfare of residents within the City to maintain the characteristics of a neighborhood. (1) Alternative School. Conditions: a. A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a buffer yard, Type C as described in Subsection 1107.2005. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 29th day of June, 2009. ATTEST: City Manager Mayor Published in the Prior Lake American on the ___ day of , 2009. Drafted By: Prior Lake Community Development of Natural Resources Department 4646 Dakota Street S.E. Prior Lake, MN 55372 c:\documents and settings\mczycalla\local settings\temporary Internet files\olkb5\ordinance for alternative school in c- 2.doc 1 STAFF REPORT AGENDA ITEM: SA SUBJECT: CONSIDER A PETITION REQUESTING A NAME CHANGE FOR OAKES LANE PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: YES X NO-N/A DATE: JUNE 22, 2009 INTRODUCTION: On May l 9, 2009, the City received a petition from the SMSC to rename Oakes Lane to Credit Union Drive. The City Council has directed street naming tasks to the Planning Commission. Since the renaming of a platted street is an amendment to the approved final plat, the City Council must make the final decision. However, all Planning Commission recommendations will be forwarded to the City Council. DISCUSSION The primary function of street names and addresses is to provide a unique identifier for each building, residential or commercial, in the City. The identification system is critical for public safety purposes, especially police, fire and ambulance. ISSUES: All name change requests are reviewed for public safety purposes and consistency with the City's street naming policy. In this case, Oakes Lane lies on the border of the City of Prior Lake (Sterling South 2nd Subdivision to the north) and the Shakopee Mdewankanton Sioux Community (SMSC) tribal land (to the south). The street is currently maintained by the SMSC streets department. The roadway is a continuation of Dakota Parkway from the west and becomes Orion Road to the south. Both of these streets are located within SMSC tribal land. A change to the street name will affect the addresses of properties which front along Oakes Lane. The site of the South Metro Credit Union is the only property which is affected by the proposed change. This site is located within the SMSC. All other properties along Oakes Lane have primary access from other nearby streets. Also, physical terrain limits the ability for these other properties to have any future access from Oakes Lane. As part of the proposed change, new street signs must be ordered and installed. I:AU9 files\09 subject\oakes lane street renaming\pc report.doc Page 1 CONCLUSION: Oakes Lane acts as the boundary between the City of Prior Lake and the SMSC tribal land. The street is maintained by the SMSC streets department and only properties located in the SMSC are accessible from the street. The street is a continuation of other streets (Dakota Parkway and Orion Road) located within the SMSC. Because Oakes Lane services areas within the SMSC and is maintained by the SMSC streets department, City Staff believes the City's standard street policy is not applicable in this case. City Staff recommends approval of the name change proposal to Credit Union Drive. ALTERNATIVES: 1. Recommend the Council approve a change to the street name that is consistent with the street naming system. 2. Recommend the Council deny the proposed street name change. 3. Table or continue discussion of the item for specific purpose. ATTACHMENT: 1. Location Map 2. Copy of Petition I:\09 files\09 subject\oakes lane street renaming\pc report.doc Page 2 2573 fakes Lane Ttils draxing is ne;lher a legally recorded map nor a survoy and is not Intended to bo used as one. This draNng Is a wmp.latlon of rawrds, :n!ormalion, end data located In various city, county, end state offices, and other sources affecting the area shah~n, and Is to be used for reference purposes only. Smolt County is not responsible for any inaccurades herein conta'ned. If disaepandes ere found, please wntacl the Swtt County Surveyors Olfite. Map Scale N inch = 447 feet W E -'~.""".... Map Date 5/14/2009 S f~ ~.. ~~~~~ FINAL DETERMINATION The City Council reserves all rights in the naming or renaming of all City streets, parks, facilities, streets within parks, and public places. APPLICATION FOR NAMING OR RE-NAMING A STREET, PARK, FACILITY, STREET WITHIN A PARK, OR PUBLIC PLACE Applicant Name: Shakopee Mdewakanton Sioux Community Address: 2330 Sioux Trail NW City/State/Zip Code: Prior Lake, MN 55372 Phone: 952-496-6136 (Please check one) RE-NAME EXISTING Current Name: Oakes Lane Proposed Name: 1. Credit Union Drive 2. 0 NAMING NEW Location: Proposed Name: ~ . 2. Please describe rationale for proposed name or re-naming of this park, facility, street within a park, or public place: The new credit union building will be the only building and address (2573) on Oakes Lane. Due to the terrain and existing home construction there will not be any additional buildings or structures. (attach additional forms, if needed) 3