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HomeMy WebLinkAbout1993 July Planning Commission Agenda Packets19 93 PR ®O REGULAR PLANNING t AGENDA Thursday, July 1, 1993 6:30 p.m. Call meeting to order. a) Review minutes of previous meeting. 6:30 p.m. 1. NEIGHBORHOOD PLANNING DISTRICT MEETING Oakwood, Markley, and South Districts. 8:30 p.m. 2. PUBLIC HEARING- THE WILDS 1. Schematic PUD 2. Preliminary PUD 3. Preliminary Plat 4. Rezoning 10:00 P.M. 3. VARIANCE - Prior Lake Mini Storage 10:30 p.m. 4. VARIANCE - Yalley Sign Company Other Business a) b) C) All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled tithe. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOaIUNrY E *UYVER PLANNING COMMISSION MINUTES JUNE 17,1993 The June 17, 1993, Neighborhood District Meeting and the Planning Commission Meeting was called to order by Chairman Roseth at 6:50 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner James Hayes, and Secretary Rita Schewe. Commissioner Loftus arrived at 7:10 P.M. ITEM 1- REVIEW MINUTES OF PREVIOUS MEETING Commissioner Roseth suggested the word "motion" be changed to 'vote" on page 1, paragraph 2, line S. Upon being advised that those were the words used by Commissioner Wueliner, the minutes were left as recorded. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. ITEM 11 - NEIGHBORHOOD PLANNING. DISTRICT MEETING FAR FIVE HAWKS AND SPRING LAKEIWILLOWS NEIGHBORHOODS Horst Graser, Director of Planning, stated it is critical that Prior Lake obtain the input, thoughts, feelings, and issues for future growth. Prior Lake needs to be prepared for this growth when applications and developers come before the City, they can be evaluated on the terms of the values of this community and the people of this community. That is the reason for these meetings, so as to incorporate the community's values into the 2010 Comprehensive Plan. Mr. Graser introduced Blair Tremere, who has been contracted as a special consultant to formulate the input of the public and interpret that information into goals and policies which can be translated into the comprehensive plan. John O'Loughlin, 2988 East Valley View Road, Shakopee, MN, stated he had land in the city limits of Prior Lake but was nui a resident and wished to participate in the meetings. Dana McKenna, 4112 C.J. Circle, felt the community should have paths that connect neighborhoods, parks and trails. Ms. McKenna was asked to comment on the parks, housing values, and parking situations. Tom Stevenson, 3547 Willow Beach Trail, Officer of the Willow Association, stated the community should strive for mixed housing as development will be here when the County Road 18 bridge is open. There should be more zoning options to accommodate all financial levels of buyers. Traffic should be addressed at the time of development. Mr. Stevenson was not in favor of linking the road systems or in having too many businesses in Prior Lake. PLANNING CObSUSSION June 17. 1993 Page 1 Mr. Graser spoke on the possibility of Impact fees to developers to help pay for future development. Michele Lein, 3852 Pershing, stated that communication Is important, Mystic Lake is an asset and Prior Lake should expand on the possibilities connected with that asset. Ms. Lein felt a family restaurant is needed in the City, roads need to planned according to usage, and had questions on forming a lake association and on Westbury Ponds. Mr. O'Loughlin thought a radio station should be built in Prior Lake. Commissioner Roseth thanked the audience for attending the neighborhood meeting and for their participation. A recess was tailed at 8:25 P.M. The meeting was reconvened at 8:30 P.M. ITEM 111 - RICK STEINHOFF - VARIANCE Rick Steinhoff 3124 Butternut Circle, stated he is proposing to add a thres season porch over the existing deck. Mr. Steinhoff applied for and received a building permit for this project and started construction. When he called for a footing inspection it was determined he was too close to the lake. After applying for a variance, the survey showed the existing structure was only 4 feet from the property line. Therefore two variances are being requested to complete the project. There would be no further encroachment on the existing setbacks. James Hayes, Associate Planner presented the information as per planning report of June 17, 1993. A 7 foot Lakeshore variance from the 75 foot setback requirement and a 6 foot north sideyard setback from the 10 feet setback requirement is requested In order to construct a 12 X 15 foot 3- season porch. The existing deck already has a legal non - conforming setback of 68 feet from the lakeshore and 4 feet from the north side property line. The subject site measures 53 X 433 feet and contains 22,000 square feet. Precedence has been set in the neighborhood for granting similar variances. Hardship in this application is not the result of actions by the applicant nor the city of Prior Lake but of a previous government platting and zoning standards, precedence has been set in the neighborhood, literal enforcement of the Ordinance would result in undue hardship with respect to the property, and the variance observes the spirit of the Ordinance. Comments from the Commissioners were on the following; question on the footings, no further encroachment, criteria was met, if any variances were requested previously, and all were in favor of the variances. MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE A SEVEN (7) FOOT LAKESHORE VARIANCE AND A SIX (6) FOOT NORTH SIDEYARD SETBACK VARIANCE FOR 3124 BUTTERNUT CIRCLE. RATIONALE BEING THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNDUE HARDSHIP TO THE PROPERTY, THE PROPOSAL WILL NOT CAUSE FURTHER ENCROACHMENT OF THE EXISTING LEGAL NON - CONFORMING SETBACKS, HARDSHIP RESULTS BECAUSE OF CIRCUMSTANCES UNIQUE TO THE PROPERTY, HARDSHIP IS NOT THE RESULT OF THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT OF A FORMER GOVERNMENTAL BODY, PRECEDENT HAS BEEN SET AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. PLANNING COMMISSION June 17, 1993 Page 2 Vote taken signified ayes by Loftus, Arnold, Roseth, and Greenfield. MOTION CARRIED. Commissioner Greenfield reviewed the upcoming schedule for the Planning Commission. Discussion followed on the results of the Neighborhood District Meetings. Deb Garross, Assistant City Planner, presented the information as per planning report of June 17, 1993. An outline of the proposed amendment for Prior Lake Zoning Ordinance 83 -6 was given. The proposal is a housekeeping amendment in order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd.7 and Subd.8. The change in this Ordinance specifies that the licensed residential care facilities cannot be restricted from single family and multifamily residential zoning districts. The statute requires that state licensed residential facilities serving six or fewer persons; licensed day care facilities serving 12 or fewer persons; and group family day care facilities licensed under Minnesota Rules which serve 14 or fewer children "Shall" be a permitted use within single family zoning districts. Therefore, the proposed amendment lists those uses as permitted uses in the R -1, Urban Residential Zone. Even though the existing Zoning Ordinance does not list the uses proposed in the amendment, an individual could not be prohibited from conducting the use within the specified zones, provided that the use is consistent with the statute. Discussion followed on the amendment. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENT TO PRIOR LAKE ORDINANCE 83 -6 AND TO ADOPT ORDINANCE 93 -14. RATIONALE BEING THIS AMENDMENT WILL BRING THE ZONING ORDINANCE INTO CONSISTENCY WITH MINNESOTA STATUTES 462.357 SUBDIVISION 7 AND SUBDIVISION 8. Vote taken signified ayes by Greenfield, Arnold, Roseth, and Loftus. MOTION CARRIED. MOTION BY LOFI SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Loftus, Greenfield, Loftus, and Roseth. MOTION CARRIED. Public Hearing closed at 9:15 P.M. MOTION BY GREENFIELD, SECOND BYARNOLD, TO ADJOURN THE MEETING. Vote taken signified ayes by Greenfield, Arnold, Roseth, and Loftus. MOTION CARRIED. The meeting adjourned at 9:16 P.M. Tapes of the meeting are on file at City Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNWG COMMISSION June 17,1993 Page 3 SPECIAL PLANNING COMMISSION AGENDA Tuesday, June 15, 1993 7:00 p.m. Call meeting to order. 7:00 p.m. 1. Public Hearing to consider Industrial Standards for Business Office Park. Other Business a)Discussion on Tree Preservation Ordinance proposal Ali times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 44711230 / Fax (612) 447+1245 AN EQUAL OPPOKMIT Y e&U)YEx PLANNING COMMISSION MINUTES SPECIAL PUBLIC HEARING JUNE 15,1993 The June 15, 1993, Special Planning Commission Public Hearing Meeting was called to order by Chairman Roseth at 7:00 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Director of Planning Horst Graser, and Secretary Rita Schewe. Commissioner Loftus arrived at 7:10 P.M. ITEM I - PUBLIC HEARING - INDUSTRIAL. STANDARDS FOR BUSINESS OFFICE PARK - The Public Hearing was called to order by Chairman Roseth at 7:00 P.M. The public was not in attendance. Horst Graser, Director of Planning, gave a brief outline of the proposed Industrial Park and introduced Kay Kuhlmann, Assistant City Manager. Kay Kuhlmann gave a brief history of the industrial park site and the duties of the committee that was formed to draft the Industrial Park Standards. These standards are being upgraded and redesigned in order to accommodate the goals of the newly created Waterfront Passage Business Office Park. Phil Carlson, a consultant from Dahlgren Shardlow and Uban was hired to complete this draft and finalize the standards. Mr. Carlson conducted a slide presentation showing each section of the draft listed. These standards are for properties that are or will be zoned BP (Business Park Zone). Discussion occurred on the various sections of the draft: Permitted Uses; Conditional Uses; Accessory Uses; Lot Requirements; Required Setbacks; Design Standards in the BP District; Additions, Alterations and Accessory Structures; Other Structures; Paving and Curbing; Utility Equipment; Loading and Service Areas; Trash Handling; Lighting; Signage; Noxious Matter; Restricted Operations; and Exceptions for Legal Non - Conforming Structures. Mr. Carlson stated that the business park being proposed here, considering the size and the location of Prior Lake, it would be appropriate to have a park that can accept a wider variety of businesses. When a community is closer to the metro area, then you can specialize on the type of businesses a community will allow. Development plans would be reviewed by the Development Review Committee. Two versions of the signage standards were shown. Number one was recommended by Staff which would only allow address numbers from 4" to 12" and one free - standing ground sip no higher than 6 feet and no more than 90 square feet. Number two was recommended by the Economic Development Committee which was the same for the address numbers and ground sign but would also allow 7% of the area of the building elevation facing the public street for signage. Such signage may include wall signage, ground signage, and a pylon sign. Comments were made to having a monument entrance sign possibly constructed by the City. PLANNING COMMISSION luxe 3, M Page I Height regulation for buildings was debated. Mr. Graser stated this was covered by the Zoning Ordinance. Extensive discussion by the Commissioners, followed on all segments of the draft. Changes were made on the following items to read: PERMITTED USES: c) Utility services. CONDITIONAL USES: f) Retail sales or services to the public, provided that such uses occupies no more than two thousand (2000) square feet offtoor area in the principal structure. OTHER STRUCTURES: Garages, screen walls, exposed areas of retaining walls, signs supporting structures, and other areas of exposed permanent materials shall be of a similar type, quality and appearance as the principal structure. These provisions shall not prevent the upgrading of the quality of materials used in a remodeling or expansion project. TRASH HANDLING: Dumpsters, trash, trash handling equipment, and recycling equipment shall be stored within a principal structure or within an accessory structure of the same materials as the principal structure which is completely enclosed with closed doors and a roof. SIGNAGE: (Staff recommended signage was agreed on by Commissioners Roseth, Arnold, and Greenfield. Commissioner Loftus abstained.) The addition of a second paragraph is to read as follows: In addition to the allowed individual business signage, a common ground sign no tatter than 10 feet and no larger than 120 square feet in an area shalt be allowed at each major entrance into the Business Park for the sole purpose of identifying the Business Park and listing the businesses therein. MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE PROPOSED INDUSTRIAL STANDARDS FOR BUSINESS OFFICE PARKS AS AMENDED. Vote taken signed ayes by Loftus, Arnold, Greenfield, and Routh. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY LUFTUS, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Loftus, Greenfield, and Roseth. M077ON CARRIED. Public Hearing closed at 4:35 P.M. OTHER BUSINESS -TREE PRESERVATION ORDINANCE PROPOSAL Commissioner Greenfield presented a document for consideration on a tree preservation ordinance to be forwarded on to the City Council in order to solicit support before writing the ordinance. Commissioner Loftus questioned the regulation on "Preservation and replacement criteria for existing residents ", as this would interfere with an individuals rights on their own property. A change to the heading was made to: "Proposed Ordinance should include the following: ", and the removal of underlines was discussed PLANNING 00MISS10N June 3. IM Page 2 MOTION BY GREENFIELD, SECOND BY ARNOLD, TO FORWARD THE PROPOSED TREE PRESERVATION ORDINANCE AS AMENDED TO THE CITY COUNCIL FOR PRELIMINARY APPROVAL. THE CHANGES ARE; 'PROPOSED ORDINANCE MAY INCLUDE THE FOLLOWING BUT NOT LIMITED TO:" AND THE UNDERSCORING LINES IN THE DOCUMENT WILL BE REMOVED. Vote taken signified ayes by Greenfield, Arnold, Roseth, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Loftus, Greenfield, and Roseth. MOTION CARRIED. Meeting adjourned at 9:55 P.M. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING C OMMION June 3,1993 Pegs 3 AGENDAITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: DATE: 1 NEIGHBORHOOD PLANNING DISTRICT MEETINGS JAMES HAYES, ASSOCIATE PLANNER YES_X_NO JULY 1, 1993 The second neighborhood district meeting will be structured similar to the meeting of June 17, 1993. Minor changes will be made to reflect the new districts which will be discussed. In addition, a hanging handout file has been made available in City Hall near the Planning Department. This will remain throughout the summer. The following items will be in five separate piles of information on the front table at each meeting. • Thank you letter, Discussion questions, Vision 2010, Community Perspective, (2 total pages, front/back) • Comment sheet, return address, (1 page front/back) • Oakwood Neighborhood Planning District goals and objectives, Planning District map, (1 page front/back, 1 page front only) • Markley Neighborhood Planning District goals and objectives, Planning District map, (1 page front/back, 2 pages front only) • South Neighborhood Planning District goals and objectives, Planning District map, (1 page front/back, 1 page front only) MEETING FORMAT This item is only scheduled for two hours and efficient use of time is critical. The meeting will start with Horst Graser addressing the audience with some general information. He will make some opening remarks about the community including; size, history, Urban Service Area, regional role, and the meeting format. This section should take about 5-10 minutes, setting the stage for the remainder of the two hours. At this point, the meeting will be turned over to the audience for their input. Hopefully, there will be a large group so that extensive comments, suggestions, and questions may be entered into the record. The meeting will close with the Commission thanking the audience for attending, and encouraging them to return the comment sheets which were made available at the start of the meeting. Any additional discussion or important information may be added at the Commission's discretion. Although the initial meeting was attended by a small group of people, some important topics were discussed. With the publication of The Wavelength, more people will be aware of future meetings. Staff will continue to work with the consultant to ensure that the information obtained from these meetings will become part of the planning process. 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 M EQUAL Dear Fellow Residents, The City of Prior Lake Planning Commission would like to introduce ourselves and thank you for attending this special Planning District meeting. We am a voluntary, City appointed, group of local citizens who share with you a deep concern for a prosperous and quality future for our community. We recognize the importance of citizen participation in the early stages of planning. This is necessary in order to create a product that best represents the needs and the will of the people. The City Planning Department has written a draft document that attempts to express our city's goals as a "Vision 2010" and has integrated this into a document of planning called a Comprehensive Plan. Please feel free to read our " Vision" statement and the residential land use development policies and objectives provided for you at the front table. We hope these documents, in addition to the Staff presentation, will help you better understand the forme plans and goals for your residential area and our city. At the culmination of the presentation, we encourage you to participate in the discussion period. The rest of the meeting is designed with the specific purpose of allowing YOU, the citizens of Prior Lake, the opportunity to participate and contribute to the draft review stages of the Comprehensive Plan. We would lice to ask you, in the interest of time, to phrase your questions in one or two minutes. Be as concise as possible and include some possible suggestions to assist as in facilitating your concerns. On the back side of this letter, you will find some topics for discussion which are important issues to be addressed in the Comprehensive Plan. Please fed free to attend other neighborhood meetings and Comprehensive Plan hearings as the process continues over the next twelve months. Thank you for sharing your valued time awl comments with us at this evening's meeting. We welcome both oral and written comments affecting both your neighborhood and the City of Prim Lake as a whole. There is a comment sheet provided for you to express additional concerns that due to time constraints, you may not have had the opportunity to address. Thanks again, for your input in this process. Sincerely, City of Prior Lake Planning Commission 4629 Dakota St S.E. Prior Lake. M mesota 55372 / Ph (612) 4474230 / Fax (612) 4474295 AM EQUAL ORKNIUtmY Ha'1DYFR Ri 3 - 1 tell. 1:103"M DIVA W a 0 Ip Ceb Olu W.9 ! , The City is seeking input to the folow+mg iaestion-s related to the Comprehensive Plan for the year 2010: • Should the community follow market trends or restrict the market and follow an exclusive development framewodt? • Should the community invest in and upgrade the existing central business district or develop a second center north of the hake of Prior Lake? • Should our neighborhoods consist of multi-use opportunities? (business. high -low density residential, open space, and education). • Should our neighborhoods be connected? • What park opportunities should be incorporated in each neighborhood? If deficiencies exist, where are they or how would you resolve them? • What housing opportunities should be incorporated in the Community's neighborhoods? • How should our natural resources be allocated and used in the community's neighborhoods? • How do we plan for and preserve our community's heritage, identity, and sense of place? • Is County Road 21 "The Heart of the City"? • How can Prior Lake's highways be improved? • Should Prior Lake continue to pursue an industrial base? This Comprehensive Plan has been developed with three concepts: 1) the residential neighborhood is the basic foundation of the community. 2) the lakes, wetlands, steep slopes and other "Natural Environment" areas are the prominent resources that attract people to this community and as such shall serve as the focal point for individual neighborhoods and commercial/Industrial districts which, when integrated, form our "community." 3) diversified land uses which include planned commetcial(mdustrial as well as residential districts are needed to support the tax base, provide employment opportunities and a healthy environment for our residents to live. These concepts provide a valuable reference point for the development policies described within this Comprehensive Plan. Community pride, heritage and sense of place are topics that are often discussed yet cannot be clearly defined in Prior Lake. A common vision, shared by residents, business and visitors to the community must be understood in order to establish a framework to guide future community development This Plan proposes to create linkages using public park lands, open spaces and natural features to tie existing and future residential developments with the Town Center, the lake of Prior Lake, business districts, schools, churches and C.R. 21 (Waterfront Passage) which is the focal point of the community. The Parks and Open Space system, which will include a comprehensive trail system, will provide the places for residents to meet. gather and enjoy the amenities that are unique to Prior Lake. The feeling of "Community" is developed through social interactions that people have with the place in which they live. This Comprehensive Plan seeks to integrate the diverse, individual neighborhoods and business clusters to create one community, integrated by pedestrian ways and natural features in an environment that reduces citizens need to use automobiles. The most critical link is the C.R. 21 Corridor which is referred to as Waterfront Passage and Grainwood Crossings in this Plan. This Corridor is centrally located and includes significant pieces of the community's history, heritage, natural features and culture. It bisects the community and is the central artery where the community comes together and east meets west and north travels south. The ridge line of the Jeffer's property is connec.ed to the midpoint where upper and lower Prior Lakes are joined. Boat traffic, fishermen, pedestrians and vehicles utilize this crossing today as well as in the past, where the Grainwood Hotel and Rail Road were once the focal point of the community. This Corridor provides a cultural as well as physical link to the Shakopee Mdewakanton Sioux Community, by passing Reservation lands. The Town Center and Lakefront Park area are linked to the lakes, Cleary Lake Regional Park, and ultimately to the Bloomington Ferry Bridge Crossing which will connect Prior Lake to the Metropolitan Area All development within the community can be linked in some manner, to the elements that comprise this vital passage. Through careful development of Grainwood Crossings, Waterfront Passage and related pedestrian links, the people of Prior Lake will come to know, understand and support these common spaces and adopt these as links of the past and as the base of their "Co future. A sense of place will develop through time if this opportunity is properly developed. Prior Lake is, and always has been a recreation oriented community and people love to walk, bike, sit and talk about its amenities. Proper development and links to this passage will lead to a successful business climate and help create sense of community. The identity of Prior Lake is its heritage, culture, and landscape that are unique to this community. This proposes to build on these factors, incorporate them into all future development and re- establish the identity and pride of the community on the elements that have existed here all along. The community of Prior Lake can be described as a place that provides "Urban Living with a Touch of Country." The heart and essence of the community are the neighborhoods which are identified by the abundant lakes, waterways, woodlands and natural areas throughout the City. Prior Lake has developed a community where residents can enjoy a living environment that is closely tied to natural and recreational amenities and yet provides a full array of urban services. Prior Lake is a community of 11,400 people and is located in northern Scott County approximately twenty-five miles from Minneapolis and St Paul. The city is part of the seven -county metropolitan area and enjoys all of the advantages and convenience of living near the Twin Cities. Prior Lase is bounded on the northwest by Shakopee, on the northeast by Savage, and on the south by Spring Lake and Credit River Townships. Prior Lake has a unique cultural history which is shared with the Shakopee Mdewakanton Sioux Community (SMSC). The SMSC Reservation properties consist of approximately 580 acres, and are located in the northwest quadrant of the City. The Sioux Community is pursuing intense commercial and residential development which impacts Prior Lake. All of the Reservation properties are located in the Rural Service Area of Prior Lake. A construction and maintenance agreement for sewer services exists between the SMSC and the City. The intense land use of the SMSC Reservation properties is a drastic change from the adjacent rural land uses permitted by the City. The City seeks to improve relations with the SMSC in order to address land use issues relevant to both governments. The City of Prior Lake also recognizes the unique historical and cultural opportunities that could be shared with the SMSC. The City is currently exploring the possibility of joint economic development ventures with the SMSC. It is essential that both governments continue w pursue historical and cultural events. Future development should be designed to enhance historical, cultural and unique environmental elements that exist within the City. Prior Lake contains approximately 16 square miles of land area. Residents of Prior Lake have a wide choice of housing opportunities ranging from the single family detached home to apartments. The City has placed a high degree of importance on providing quality development whether it be in the residential or commercial and industrial areas. Lake recreation is a focal point in and around Prior Lake. Seasonal activities attract the residents and nearby neighbors to our community. The community has experienced dramatic changes during its history. The influence of the Native American Culture is prevalent within the community where artifacts and sacred grounds are reported to exist The railroad and early lake resorts, such as the Grainwood Hotel have also influenced history and land development patterns within the community. This Comprehensive Plan is dedicated to enhancement of the community's unique heritage, history and abundant natural resources through their incorporation into future commercial, residential and recreational development within Prior Lake. The character of the City has changed from a rural resort atmosphere to a suburban community over the past two decades. The population of the community has increased 36 percent since the 1980 Cecsus and the 1990 Census reports a population of 11,443 people. Prior Lake developed its first comprehensive plan in 1973. In response to the passage of the Land Planting el 1976 and charging character of the City, the Year 2000 Comprehensive Plan was adopted in 1981. As Prior Lake proceeds into the upcoming decades, the City must again reassess growth and development issues, and establish community development goals and policies to guide growth through the year 2010. We regret the time constraints which may have not provided you with ample opportunity to express oral comments about your neighborhood. We welcome any written comments which will he incorporated into the notes from the meeting on duly 1, 1993. Please attach the appropriate postage and return to City Hall. Thanks again for you input in this process. 4629 Dakom St. S.E. Prior Lake. M[onmsom 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL oPPORnMrry BVLafER Rl .osn.e City of Prior Lake Planning Department 4629 Dakota St. SE Prior Lake, MN 55372 eTAMA � , _. �y ; � t�. r.�� ...ia ral i virimi i This is a very small fully developed Planning District of Prior lake. The 230 acres appear to be even smaller than it is because so much of the land is consumed by school facilities. The neighborhood contains Westwood Elementary School plus the Middle and Senior High Schools for District 719. Other non - residential uses include Gateway Shopping Center, an office cluster, Metropolitan Federal Bank and a franchised fast food restaurant The housing is comprised of reasonably early suburban "rambler" type construction developed at approximately 2 units per acre although townhome and apartment units have been built adjoining the business district There is room for an additional business development but no additional housing, therefore, the population will continue to remain under 500. The neighborhood boundaries include S.T.H. 13, C.R. 44, and Savage Corporate limits. Open space is actually abundant comprising approximately one third of the neighborhood land area. The School District has some well developed recreation facilities that are available when school is not in session. Transportation needs are served by the adjoining arterial and collector streets plus a short length of Franklin Trail that provides the most consistent access to the business development oriented to S.T.H. 13. DISTRICT OBJECTIVES: 1. A trail system to link residential neighborhoods to the schools, Gateway Center, and the S.T.H. 13 trail shall be a priority for any development or redevelopment effort in this District 2. The City should work with the School District to provide additional landscaping for buildings and facilities and especially along nail systems. 3. Gateway Center is oriented totally to S.T.H. 13. Future redevelopment of this area should strive to change the orientation to the adjacent residential neighborhoods. The Center lacks a pedestrian friendly atmosphere and relies solely upon traffic from S.T.H. 13. Introduction of sidewalks and coordinated landscaping along with business district identification should be a priority for future development efforts. 4. The City of Prior Lake will encourage Scott County to install a four way stop at the intersection of 160th Street and Franklin Trail. Pedestrian users of Memorial Park, the schools and residents of Prior Manor, a senior citizen high rise, should able to cross this intersection to access the Gateway Business District A four way stop would greatly improve pedestrian access between the business center and adjacent neighborhoods. rhood Planning Di The Markley Planning District is located east of S.T.H. 13 and north of C.R. 21. This Planning District is close to the Town Center however, half of its 500 acres is either agricultural or vacant Land uses in the District include Memorial Park, one retail center (Laker Center), two non - conforming businesses (Ready Mix and Lindsay Water Conditioning), one elementary school, Prior Manor Senior High Rise, three apartment units, a 65 acre industrial site and a mi -ture single family and multifamily residential subdivisions. The street system includes Franklin Trail in its north/south alignment plus C.R. 21 and 44 on the south and north borders respectively. A second north/south collector street is planned in the eastern portion of the District when development occurs. The collector consists of the southerly extension of Fish Point Road from C.R. 44 to the southern limits of the City. Great care must be taken to design a curvelinear street containing a sidewalk and bike path. It is anticipated that no direct land access will be permitted to the Fish Point Road collector street. Development adjacent to the collector facility, C.R. 21 and 44 will need to provide significant buffer areas which incorporate greater lot sizes, setbacks, berms and dense screening to protect residents from noise and debris associated with the roadways. This District contains plats dating back to the early 1900's which were part of the Town Center of Prior Lake prior to the construction of S.T.H. 13. The older plats located east of S.T.H. 13 are sometimes referred to as part of the "Frogtown" neighborhood of Prior Lake and were developed at densities approximating 5 units per acre. Parts of this neighborhood contain severely dilapidated hcus'Ing and this area should be the target of a coordinated housing rehabilitation program. The Brooksville Hills subdivisions were developed upon larger lots which reduced the overall housing density of this District to an average of 2 units per acre. It is anticipated that this patter will continue except in the area west of Markley Lake adjoining C.R. 21. There is an R -4 Zoning District that is set aside to accommodate higher densities ranging between 3 and 4 units per acre. When fully developed the existing population of 500 will expand to approximately 1,800. It is critical that future development respect the integrity of the natural features and existing development within the District. All attempts should be made to provide pedestrian and bike links through the Brooksville Hills and Frogtown neighborhoods, the business district, parks, and schools. The District developed from west to east with the exception of the industrial park located on C.R. 21. Ninety percent of the District's land area was annexed to Prior Lake in 1973. The sixty five acre industrial site contains several buildings that were in existence at the time of annexation. The industrial park located north of C.R. 21 is not a planned area but rather the result of the 1973 annexation. The industrial park was never subdivided and was developed without benefit of public sewer and water. There are no lots of record available in the existing industrial area. No further industrial development should take place until a public sewer system becomes available. The undeveloped land adjacent to Markley Lake is planned and zoned for future residential development. Any proposed utility must contain sufficient land area to provide screening and physical separation of the power lines to adjacent residential lands. The utility lines should in no case, be allowed to cross over Markley Lake but should be re-routed to coincide with future road right of way. The Business/Office Park Study completed in 1990 indicates that much of the vacant land in this District should be reserved for a business/office park development including industrial uses. If this recommendation is followed, existing nearby residential uses will not be provided a sufficient separation to maintain existing property values. The Comprehensive Plan identifies an intermittent stream with adjoining steep slopes which links a marsh southwest of County Road 21 with Markley Lake as a natural barrier which will separate residential from industrial development. The land area southeast of this stream channel is industnal and everything to the n, thwest will be low and medium density residential. This Planning District contains Markley Lake, several areas of steep slopes and approximately ten acres of land that is believed to be a remnant of original prairie. The location of the predominant natural features are indicated on the maps found in the Environmental Plan. The undeveloped portion of the District includes the City's well fie d. The development plan envisions a large park area adjacent to the well field that also contains the prairie and an area of steep slopes and wetlands. It is proposed that the well site be graded and seeded and that existing buildings be screened by landscaping in order to provide a better relationship of the utility area to the adjacent residential neighborhoods. The undeveloped portion of the District includes several storm water management ponding areas and Markley Lake. Planning studies indicate the possibility of developing a neighborhood trail that could carry pedestrians between the Senior High and Middle School site and Markley Lake largely on its own right -of -way. Markley Lake is a unique community resource, part of which should be under the control of the Parks and Recreation Department Any development proposal will be carefully evaluated to preserve the maximum amount of site amenities and to assure that public open space is provided to the lakeshore and through a trail system adjacent to the lake and steep slope areas. behind a row of housing. The plan identifies the most southerly comer of the City adjacent to C.R. 21 as a major entrance to the community. As such, an entry monument which identifies Prior Lake should be located near this vital entrance to the City. DISTRICT OBJECTIVES: 1. Fish Point Road should be extended from C.R. 44 to the southern limits of Prior Lake to form a nortIVsouth, collector facility through this District A curvelinear street design combined with limited access, larger lots with greater setbacks, berms and dense landscaping should be objectives within any development project 2. A rail system is needed to link the business center with neighborhoods, schools, environmental districts and park lands within the District along with Markley Lake and the proposed business/industrial park. 3. Sensitive development is requ adjacent to the District's natural features and pedestrian access and rails will be a priority issue for all future development proposals. 4. Dilapidated housing within the "Frogtown" area should be the target of a housing rehabilitation program. The City of Prior Lake will work with the Scott County Housing and Redevelopment Authority toward this end. 5. Careful attention must be paid to creation of appropriate buffers between different zoning districts and for lands adjacent to County Roads and S.T.H. 13. 6. The City well field site should be improved by grading and seeding until such a time as the site is developed. Existing buildings should be landscaped in order to provide a better relationship between the utility area and adjacent neighborhoods. 7. No further development should occur in the Industrial Park located north of C.R. 21 until public utilities are installed. 8. Any proposed utility adjacent to Markley Lake must provide screening and physical separation of lines to adjacent residential and industrial uses. In no case should the lines be p to cross Markley Lake overhead. 9. All non - conforming business and industrial uses should be replaced with permitted uses. 10. Future development adjacent to Markley Lake must provide public open space adjacent to the lake in the form of park land or trail systems. 11. The vacant lands adjacent to the Industrial Park including parts of Section 12, Spring Lake Township should be designated as the best short term industrial opportunity for Prior Lake. This area should be subdivided and developed as an industrial zone. 12. C.R. 21, at the City limits, should be designated as a location for a major community entry feature. SOUTH Neighborhood Planning District Bordered on the northwest by S.T.H. 13, the northeast by C. R. 21, and the south by Spring Lake Township, this Planning District contains a large number of densities and a variety of uses within its 400 acres. The arrangement of uses and roads in this District reflect a noticeable carryover from the time when no planning occurred in Prior Lake. JoAnna Stepka's Addition, a residential plat within the business area, is a noticeable carryover from this earlier pattern. The western edge of the District along S.T.H. 13 consists basically of strip commercial with Priordale Mall being the most significant use in this area The center of the neighborhood is residential and recreational with the eastern tip being actively farmed. A lack of planning investments in infrastructure and road systems has allowed these uses to be established over time, based on state and county road systems. Major vacant properties in this District include the active farm on the eastern fringe of the strip, a 10 acre commercial property (drive -in theater), and 15 acres of high density residential north of Franklin Trail. The vacant farm will be divided between low density residential and business/industrial use. The City is in the process of negotiating purchase of the land and intends to develop a business/mdustrial park south of C.R. 21. It is anticipated that the Prior South neighborhood will expand east around Blind Lake and consume the western half of the farm A north south street is recommended to separate residential from proposed industrial uses. The City should review the merits of developing a street system which would provide a connection from C.R. 21 to to S.T.H. 13 and C.R. 23. The street system could potentially serve the southeastern comer of Prior Lake and part of Spring Lake Township. Blind Lake is a recreational development lake in the center of the residential area of this District A neighborhood park and/or open space adjacent to the significant natural feature is a high priority. A second neighborhood park should be introduced north of Franklin Trail in the high density residential district The pond adjacent to C.R. 21 east of the intersection of Franklin Trail should be retained as public open space. The land adjacent to the pond could be developed with park benches and be utilized as a resting area for users of the trail system. The low density Prior South neighborhood is well buffered from commercial by a combination of medium and high density residential land uses. The only exception is southwest of the intersection, Brunswick Avenue and Franklin Trail. It would seem logical to continue the high density zone to Franklin Trail and not permit commercial traffic onto Brunswick Avenue. Approximately half of Prior Lake business zoning is located in this Planning District A major problem facing the businesses in this District is vehicular access and mobility between businesses. An earlier community vehicle traffic study revealed the need for a ring road collector system to tie the various businesses needs together in order to have continued business expansion. The fast phase of the ring road was constructed in anticipation of a grocery store located behind Priordale Mall. The collector road system must have a sidewalk and bikeway. The current population of 1200 is likely to expand to 1800 when the neighborhood is fully developed. I Cal lie] *ftk4t UT_:W To establish a park and/or open space adjacent to Blind Lake and a rest area adjacent to the pond located south and east of the intersection of C.R. 21 and Franklin Trail. 2. To establish a neighborhood park north of Franklin Trail in the R -3 residential district 3. Designate the lot southwest of the intersection of Franklin Trail and Brunswick Avenue high density residential. 4. Continue to implement the ring road concept providing vehicular mobility within the commercial district rather than using S.T.H. 13 as a local street. 5. Insure that neighborhood [tail systems tie into the regional system adjacent to C.R. 21 and provide access to "The Pond" athletic complex. 6. Implement the proposed business/industrial park acquisition and development. �NMN AE.Z-IAIM-M- m NOTICE The information for 'The Wilds" will be sent under a separate cover at a later date. v��rn V ""HNES"' %' �Mi AGENDAITEM: 3 SUBJECT: CONSIDER VARIANCE APPLICATION FOR GARY THOMAS. PRESENTER: HORST GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: _YES$NO DATE: JULY 1,1993 INTRODUCTION: The purpose of this item is to consider a variance application for Gary Thomas of 6701 Farley Lane, Prior Lake, Minnesota. Specifically, the applicant requests the Planning Commission to waive all Subdivision Ordinance requirements, Landscape, Paving, Architectural Materials and other elements of the Zoning Ordinance and City Code. The proposal is to expand the mini - storage facility located north of C.R. 21 to a 9.4 acre parcel located north and west of the existing buildings. The subject site is a remnant parcel which is not a lot of record. The proposal is to construct additional mini - storage buildings which contain metal siding comparable to die existing buildings. Section 4.7 -2 of the City Code discourages the use of metal siding in all districts other than die A -I and C -1 Zones. The applicant requests deviation from paving and landscape requirements of the Zoning Ordinance in order to utilize a gravei parking lot for RV's. The Ordinance requires hard surface for lots containing S or more patting stalls and separation of stalls by plaiting islands. See attached materials for reference to the specific proposal. The variance is filed under Section 6-9 -1 of the Subdivision Ordinance: "The Council may grant a variance from these regulations upon receiving a report from the Planning Commission in any particular case where the subdivider can chow by reason mf exceplionat t=gmWW or am Mlwl pb)Wcal conditions dial Strict compliance with these regulations would cause exceptional and undue hardship, provided such relief mily be granted without detriment m the l wblic welfa and without impatring t he inte and purpose of these regulations " Staff questions the validity of Oda application due to the fact that there are no topographical or physical constraints associated with the property to merit variance from provisions of the Subdivision Ordinance let alone waiving all requirements The application raises two distinct issues: Should the City permit and subsidize industrial development on properties that do not contain public infrastructure. There we no policies or Ordinances on file that guide decision making for the application proposed. The existing Zoning District and associated Ordinances are designed for development with public infrastructure improvements. The development proposed is considered premature under existing Ordinances and is therefore inconsistent with the Comprehensive Plat, Zoning and Subdivision Ord To be consistent, the property should be subdivided with adjacent parcels in the I -2 District incorporating required street. utility, storm sewer and other elements of the Code. If subdivided according to the Ordinance, the cost of improvements would be paid by the developer. Without subdivision, it has been determined that substantial public subsidy would be required to retrofit the I -2 district with public infrastructure improvements. The second issue relates to the review of the site plan itself. Because the request is such a departure from the existing code, this staff report focuses only upon that issue. If the Planning Commission determines that the proposal merits consideration, staff requests that the building design and land preparation aspects of the application be continued in order to prepare specific facts, findings and comments to forward to the Commission. BACKGROUND: The subject site consists of approximately 9.4 acres of land located within the I -2, Special lu ustrial Zoning District. The subject site is not a lot of record nor are there any existing lots of record within the existing I -2 zoning district The City of Prior Lake has no obligation to grant a building permit to land that is not a parcel of record. To order to create a parcel of record, a subdivision of the site, according to the provisions of the Subdivision Ordinance, would 4629 Dakota St. S.E., Prior hake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOarUNnY ENPLOYFA be required. The purpose of subdivision requirements am to insure the public health, safety and welfare and to provide for the orderly extension of public infrastructure. Development fees are built into the Subdivision Ordinance in order that the private developer pay its fan share of costs. The 1.2 district has never been formally subdivided, no utilities exist within the district and there are no public marls or access to the parcels. The district was created via annexation to die City of Prior Lake. All uses were existing in the district at the time of annexation with the exception of the mini - storage facility, Grendahl Mechanical, Rainbow Play Systems building and Metro Air building. In short, the City inherited the district from Spring Lake Township. All lots of record were granted appropriate permits from the City of Prior Lake. The remaining vacant land consists of remnant parcels, steep slopes and wetlands which have no public access, utilities, storm sewer improvements nor building permit eligibility. In 1989, the City Council granted a variance to Richard Swenson to construct the Metro Air building. Subdivision Ordinance requirements as well as septic system and setback requirements were varied and or waived The rationale at the time was that there were no alternative sites for development zoned for industrial puryoses. In addition, the parcel was located adjacent to Credit River Road, (existing C.R21) which will be turned back to the City as a local street following upgrade of C.R. 21 to the eastern city limits. Therefore, the parcel will have access and frontage on a public street. Staff is of the opinion that the circumstances related to potential development of industrial property is different today and that there is no longer justification for waiving subdivision, inning and code requirements. The City will plat the Business Office Park within the next 30 days and utilities, streets and storm sewer systems will subsequently be installed within close proximity to the 1 -2 district. In addition, it is anticipated that streets and utilities will be extended to the existing I -2 zone from the north and west within the next three to five years via development contemplated for the adjacent residential zones. The availability of public utilities has been greatly enhanced since the 1989 Swenson situation. In addition, the Metro Air building will have frontage and public access on a local street, once C.R. 21 is improved. There is no public access to the subject site not frontage on a public street In fact, the access is proposed from a private gravel driveway located in Credit River Township. One additional tote, the mini - storage buildings were constructed by COT (Greg and Ted Schweich) who also owned the adjacent Rainbow Play Systems building. Therefore at the time of construction, both parcels were under common ownership and utilized the same access points and shared toilet facilities. Since the original construction, both buildings have been sold to separate parties leaving the existing mini - storage facility with no frontage on a public road or access to bathroom facilities. In the event that anyone is employed at the mini - storage site, separate toilet facilities would be required to be installed by the Building Code. ALTERNATIVES Approve the variances to waive subdivision requirements, City Code Architectural materials and Zoning regulations based upon specific findings of fact and hardship related to the Ordinance, not provisions of the applicant. 2. Table or continue consideration of the site plan to a fume meeting. 3. Deny the application fading no hardship and inconsistency with the Subdivision, Zoning Ordinance, City Code and Comprehensive Plan. RRCOMMRNDATION- Alternative 3. A motion to deny the application based upon lack of hardship and inconsistency with the Comprehensive Plan and Zoning and Subdivision Ordinance and City Code. The City of Prior lake is in the process of subdividing and developing 22 acres of Business Office Park on land located southwest of the subject site. The City will install streets, utilities and plat the properly in order to attract industrial land uses. Proposed expansion of facilities and new uses should be encouraged to locate in an approved subdivision with appropriate infrastructure. 71ne City of Prior Lake is under no obligation to grant additional permits to the remnant parcels within the I -2 District until such a time as the property is subdivided and upgraded to accommodate industrial development Further development of the area may produce land use compatibility problems between the Business Office Park and existing macs across the street The City should not promote development which is contrary to the adopted Codes and improvements required for subdivision and development of land. The proposal is inconsistent with the Comprehensive Plan. I. Policy 1 of the Public Utilities Plan indicates that "Development will be encouraged in areas where trunk and lateral lines already exist. Policy 5 of the Storm Water Management Plan indicates that the City should "Continue to implement the overall Storm Water Management Plan until the City is fully developed and the System is complete." 2. The City conducted a feasibility study approximately two years ago and approached the owners of land within the 1 -2 district to discuss installation of public infrastructure. lbe majority of owners protested against installation of utilities stating that their businesses did not requins upgrade. Allowing expansions such as proposed by the applicant will further exasperate the problem. The City will instal storm sewer improvements near Markley lake. Any use proposed should be required subdivide and pay the proportionate share of storm sewer, street collector and park dedication fees. Furthermore, utilities will be installed to the Business Office Park and are anticipated to be extended from residential development north and west of the 1 -2 district within the next five years. It seems appropriate that further development of land within the 1 -2 district should not occur without installation of public infrastructure. The proposal is inconsistent the the Subdivision Ordinance. The purpose of subdivision regulations are to provide orderly development and extension of streets, utilities and other infrastructure. The Ordinance was adopted in 1987 to "ensure that subdivisions are conceived, and designed to contribute toward an attractive, wholesome, orderly and safe community. The goal is to view the development process as an obligation m contribute an attractive, stable, and safe subdivision for future owners and moreover, for the existing residents of Prim Lake." The applicant should consider working with other property owners within the 1 -2 District to property subdivide the land. The oullority of issues raised in this agenda repot are due to the fact that Subdivision requirements am tequeaed to be waived. it is the Subdivision Ordinance that provides the mechanism to collect fees and build infastructure that is safe for the public and can be accessed by emergency vehicles and adequately maintained by the City. 2. The subject site does not have access to a public road nor frontage. The access consists of an easement, through a wetland. to Welcome Avenue (a private grave( road) and a gravel driveway to a single family home located outside of the City limits of Prior fake. There are serious concerns for the ability of the City to provide safe access for potential users of the facility and access for emergency vehicles. 3. By waiving subdivision requirements, the City will forego collection of approximately $6.580 dollars in collector street fees $7,600 dollars in park dedication fees, $83,100 dollars in storm water fees and other fees associated with the subdivision and development process. Future installation of Infrastructure will be difficult due to cost and the potential argument that the mini - storage facility does not "need public utilities.' 4. The City will not acquire dedicated easements and roads if the Subdivision Ordinance is waived, therefore objectives related to access, storm water, sewer and water, drainage sidewalk, street lighting, curb and gutter, security agreements, and developers agreement will not apply to the parcel. In addition, landscape, paving and other minimum requirements designed to enhance the aesthetics of the district as well as to provide continuity with other business/Industrial zones will not be implemented by the proposed development. Variance Hardship Standards: Literal enforcement of the Ordinance would result in undue hardship with respect W the property. The property is not a lot of record and therefore is no subject to building permits The pared has not been assessed for public improvements. The applicant requests the City to waive all applicable regulations to expand a facility for economic gain to the owner. Future required improvements will likely be the burden of the general taxpayer. There will be to public benefit from this facility in terms of employment base. In fact, the City will loose the opportunity to: Collect development related fees associated with the subdivision process; the potential for future subdivision of the properties within IM 1-2 district; development consistent with the standards adopted by the community; and create a situation whereby yet another property owner will likely oppose public infrastmcture improvements. In addition, the development of property without subdivision regulations, may impair the City's ability to successfully marW and subdivide the new Business Office Park. 2. Such unnecessary hardship results because of circumstances unique to the properly. The constraints associated with the property are due to the lack of subdivision, not characteristics of the parcel itself. Extension of utilities will to possible in the aesr future, however, at a prohibitive cost according to the applicant. Economic hardship is not a valid criteria to grant a variance. 3. The hardship is caused by provisions of the Ordinance and Is not the result of actions of persons presently having an Interest In the property. The hardship in this case is not associated with the property nor the result of the City of Prior lace but is caused by proposed actions of the applicant to prematurely develop Property without improvements required of other simile uses. 4. The variance observes the spirit and intent of this Ordinance, produces substantial Justice and Is not contrary to the public interest The variance requested directly conflicts with the Comprehensive Plan and Subdivision and Zoning Ordinances and is therefore contrary to the public interest. !n the event tf,, the Pfm+ning Ca mdssan fvdr ha&&P and that rvaivmg the w+iaac ordi, m mi![swt impair the intent and purpose of the City rrguknons, sniff rrconanrnds that spent¢ fmfmgs of fact be ddtneaetL 1h ism should be wntinwdar wbkd m odtr to aRom staf the vppaen aV tO "" ara e p to�oppdeatton. � °'W it a � condah" -aL Sof(ergnssts6aid —finrn LOCATION MAP 1 PRIOR LAKE W Y QI JI I N R f Q 160TH ST. SE CO. R6 44 0 O j W Y Q f.l � MARKLEY LAKE N 3Pa Gp w R -SITE PRIOR LA � C.S.A. H. 21 h FAKE TWP. f = W ri C 0 I C � RO d o U O U / I / ! v r I —_ __— GRAVEL DRIVE �g1 PDT Existing use of Property Legal DesC of Variance Z 1-2 Ll0ht In dustri H the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? Yes --L—ND What was requested, Disposition, When, Describe . the gn DN xrruui,arw.� p i ndicat i ng CA)Campleted application form. (e)Filing fee. (C)Property rty Survey the proposed development in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Cmplete legal description 6 Property Identification Nmober (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 showings The siteelo entplan,buildings: parking, loading# access, surface drainage, landscaping utility service. OPES COMPLETE APPLICATIONS S mZ BE ACCEPTED AND REVIUM By TSE PLANNING COMMISSION. To the best of my knowledge the infowmation presented on this fous is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to, provide lnfo0 lion and follow the procedures as outlined in the Ordinance. I] A" `< 1`IX /n Submitted this ILth3ay of May 19A3 THIS SPACE IS 'DD BE FILI,FD OITT BY THE PLANNING DIRECTOR PIMMiG COMMISSION _ APPROVED _ DENIED WE OF HEARING CITY COUNCIL APPEAL _ APPR m _ DENIED DATE OF HEARING CONDITIONS Signature of the Planning Director Date 1.EOAL UNUGH&PT1NN36 ROAD That part of the East Three- Fourths of the Southeast Quarter ar 1, Township 114, Range 22, Scott County, Minnesota described as follows$ commencing at the southeast corner of said Section 11 thence on an assumed bearing of North 1 degree 21 minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feat/ thence South 88 degrees 39 minutes 00 seconds Want a distance of 1875.73 (set; thence South 86 degrees It minutes 30 seconds West a distance of 84.66 feat to the east line of the vast 30.00 feet of said East Three- Fourths of said Southeast Quarters thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 (sets thanes south a distance of 704.31 feet to the centerline of County State Aid Nighvay No. 121 thence south 63 degree• 37 minutes 56 seconds Ea at along said centerline a distance of 73.66 feats thence North a distance of 412.00 fasts thence East a distance of 944.00 tests thence South a distance of 320.00 feet to the point of beginning of the land to be described; thence continuing South a distance of 60.00 teat; thence West a distance of 250.00 feats thence North a distance of 60.00 feat; thence East a distance of 250.00 feet to the point of Beginning. 9.57 ACRE PARCEL That part of the Southeast Quarter of Section 1. T 114, Rang* 22, Scott County, Minnesota, which lies the South 513.45 feet.thereols which 1100 South of described as commencing at the southwest cornet' of alo 1 a lin end •a14 line there !allowing described Commencing at the a on an assumed beari West along the east 1251.72.feot; thane Wast distance of 11 minutes 30 Oscar east line of the W) 69 degrees 11 minutes feet# thence on a bew to the center line of thence South 63 deyre center line a distant North a distance of 4 a distance of 944.00 line to be described; Intersection with the and said line there t above described . props at the northeast corn Southeast Quarter of the south line of_eai 197.01 feet) thence N said Southeast Quarto northeasterly 411.63 South 1391.13 feet of Township 114, Range '7 said Southeast Quarts thence Westerly, parall the south line of said west line of said Scutt rminatings and which 11 no and its southerly a) heart corner of said Si of 1 degree 21 minutes no of said Section l a nee on a th "line noting, a of Pof • a. guar ;:4r lot a the Ion, 1 11Vnenc North .66 fast 21 th of rvn. N ®E ENGINEERING, INC. GERALD M. SUNDE, Consulting Engineer 9001 Fast 131wming1w Frey. • Bloomington, MN 55420 • (612) 661.3344 May 19, 1993 Ma. Horst Graser, Planning Director CITY OF PRIOR LAKE 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 Re: Total Variance from Section 6-2 -1 of the Subdivision Ordinance; Variance from Section 4 -7 -2 of the Building Code for expansion of PRIOR LAKE MINI- STORAGE Dear Mr. Graser: On behalf of applicant Gary Thomas and his wife Annette, owners of the PRIOR LAKE MINI - STORAGE business, at 6000 Credit River Road, Sunde Engineering, Inc. is pleased to submit the enclosed application for variances related to the applicant's desire to expand his business at that location. PRIOR LAKE MINI - STORAGE currently comprises three (3) one story prefinished metal storage buildings containing one hundred eighteen (118) unites which are situated on about 1.2 of a total of 2.4 acres of land. The buildings, which range in size from 30' X 150' to 50' X 180', were constructed in 1986. The applicant purchased and began management of the business in 1990. The applicant has operated a very successful business to date. Demand for unit space within the complex has steadily increased in recent years. This increased demand is not unlike that experienced by mini - storage businesses located in other surrounding communities such as Burnsville and Bloomington. Initially the applicant planned to respond to this increased demand by expanding onto the westerly undeveloped 1.2 of the 2.4 acres which were originally purchased as a part of the business in 1990. However, that acreage contains a major wetland area which prohibited expansion in that direction. Recently, Johanna Bang, owner of the 12.6 acre tract of land which adjoins the subject mini- storage operation on the north has offered to sell about 9.57 acres of that property to the applicant. This would allow for the orderly expansion of the applicant's operation in a manner responsive to current as well as long term business demand. The sitellandscape and site development concept plans that accompany the enclosed variance application illustrates the nature and extent of the expansion proposed by the applicant. The immediate objective is to construct one hundred seventy -two (172 +) additional storage units in four new buildings ranging in scale from 20' X 200 to 40' X 200' on the portion of the expansion parcel closest to the existing mini - storage buildings. The new units would be tied to the three existing buildings through an interconnected private driveway system. The entire expansion area would be fenced in for security purposes. Additionally, the applicant proposes to create a gravel surfaced outside storage area for recreation vehicles (RV) north of the proposed new mini - storage building expansion. This would give customers an opportunity to store idle RV's when not in use. This area would be a totally fenced in area as well. All drainage from impervious surface driveways and maneuvering areas on the site would be directed to NURP standar,; ponds assuring that all runoff from the expansion will be contained on site. The portion of the expansion parcel not committed to development in the initial phased expansion would be warehoused and used for construction of additional mini - storage units in the future. It should be noted the site development concept plan shows the northerly portion of the expansion site will be preserved in an undeveloped state. This portion of the site is closest to Markley Lake and the applicant feels it should be preserved as a buffer area to that important water body. City of Prior Lake Page 2 May 19, 1993 The applicant desires to subdivide off 9.57 acre from the approximately 12.6 acre parcel (1341.50) owned by Mrs. Bang. The balance of the Parcel (3.2 acres) would remain in ownership of Mrs. Bang. The applicant desires to accomplish the subdivision of the subject tract without being required to plat the property or petition the City for extension of sewer and water as an alternative. The proposed subdivision would be accomplished through a metes and bounds or RLS process. Sewer, water and other public improvements are not needed services on the proposed 172 unit expansion. The partially widened gravel driveway access off of Credit River Road is adequate to safely handle current and future vehicle traffic to and from the business. The driveways interface with Credit River Road is at grade with unobstructed views. The ADT are is expected to be 15 -25 vehicles per day which is well below average trips for mini- warehouse structures as determined by the Institute of Traffic Engineers (see attached). It is our understanding that the City is reluctant to issue building permits for structures proposed for property not described as a parcel of record by the Scott County Recorder's office. The applicant is, therefore, requesting a total variance from Section. 6 -2 -1 on the City's subdivision requirements which would in effect mandate platting of the property and prepayment of certain fees to the City before the applicant could obtain permits for his proposed expansion. The three original buildings of the applicants business were built without having to comply with such a rigorous subdivision pre- requirement. Also, recently the city considered and approved a total variance from the subdivision requirements for Mr. Richard Swenson for the property at 16940 Welcome Avenue just to the west of the applicants business on Credit River Road. The facts and circumstances of Mr. Swenson's case were very similar to the applicant's request. The applicant is also requesting a variance from Section 4 -7 -2 of the City Building Code which prohibits construction of metal buildings in all zones other than A -1 and C -1. The four mini - storage buildings proposed by the applicant would be of the same exterior metal material and have an appearance and character comparable to the three buildings he currently manages. The material which accompanies the enclosed applications illustrates the type of building material the applicant is proposing to use to use on the new buildings. The applicant feels the variances he is requesting are justified. He further feels he will suffer severe hardship in terms of use of his property and future development of his business if they are not granted. A brief summary which highlights his position for each variance follows: A. Subdivision Vari ance - (Total Variance from Section 6-2 -1 of the Subdivision Ordinance) 1. The existing business did not require a variance. It was allowed to be con- structed by the City without a requisite platting or "parcel of record" requirement. 2. The building at 16940 Welcome Ave. was granted a total variance under cir- cumstances similar to the applicants. 3. Sewer, water and other improvements are not needed, by the applicant to operate his current or future expanded business. To ask property owners to wait until it is feasible to extend public utilities into this area is unreasonable and unfair. Most new developments in this area, have already proceeded without the benefit of public utilities. The principal mini- storage use is permitted in the underlying I -2 zoning district and the City's comprehensive plan guides the site for industrial development. The use will be for storage only. City of Prior Lake Page 3 May 14, 1943 4. The use is compatible with existing uses in the area and will not have an ad -verse affect on surrounding properties or the health, safety or welfare of the City. The existing mini - storage business fits into the development pattern of the area and has had a positive impact on the neighborhood. 5. The applicant is physically and environmentally constrained from in expanding his business in any other way than as is being proposed. B. Building Material Variance (Variance from Section 4 -7 -2 of the City Building Code) The existing business buildings are metal buildings made of the same "Trachte" metal material as those proposed in the expansion. Colors and character will be the same. 2. The use of metal material in this instance will not be incompatible with sur- rounding property, injurious to their value or health, safety and welfare of the neighborhood or community at large. In conclusion, we strongly urge your support for the variances herein requested. We feel these variances are warranted and, therefore, should be approved, especially considering the past history of development in this area of the city. We .cquest this application be scheduled for Planning Commission consideration at its June 3rd meeting. Please give me a call at 881 -3344 if you have questions or require additional information regarding this request. Thank you. Sincerely, SUNDE {g �RING, INC. /td Robert A. Worthingto ICP RAW3 /sg/mini PRIOR LAKE MIN STORAGE PRIOR LAKE, MINNESOTA SITE /DEVELOPMENT CHARACTERISTICS LOCATION Located i n the northeast Quadrant of Welcome Ave. and Credit River RcLa (CSAH 21; south of Markley Lake. The Parcels easterly boundary adjoins Credit River Township. EXISTING CONDITIONS The site is undeveloped. Original use was crop land. Relatively flat with trees north and south. Two wetlands exist immediately to the south and east of the site. The south wetland partially extends into the site. A wetland exists in the north central area of the site Site is in a nee , ly emerging industrial area. PROPOSED DEVELOPMENT Expansion site is approximately 9.4 acres in size. The south 1/3 (2 -3 acres) will be used for immediate expansion of PRIOR LAKE MINI- STORAGE which it adjoins to the south. One hundred seventy -two (172 +) units are included in this initial phase expansion. The balance of the site will be warehoused and used for future mini - storage expansion as market conditions dictate. ZONING 1 -2 LIGHT INDUSTRIAL. COMPREHENSIVE PLAN Property guided for Industrial Use. ACCESS Parcel is currently served via an unimproved 14' -16' gravel drive that connects to Credit River Road (CSAH -21). A private driveway and/or road easement off of Welcome Ave. adjoins the parcel on its boundary. ADT's from the extended business will average 15 -25 vehicles per day which is considered a low traffic generation type of use. UTILITIES Property is not currently served by sewer, water or storm sewer. GAS, ELECTRIC Gas and electric service is available. TELEPHONE Telephone service is available. �� NOM NAY /er JI'.x /. tI 'YMFS lO'EWE SfMi A r /[OMC // !'+•l Y" FlNMMT/dv OLwlerJ/'x /39'YM / -SRWIli STM1fA 6V/[OMG I/B'�l' -/" : \1.' Pw u� fdpM p YUST 9C W.WE pY IlYII p iMKME EICLYMS u.Y �x4 KL MEIAUiIpS I �..oL.•En �. Inv+ Dint w r.sLL CpLnETE was _ Y•o /p rw.wr a.s ro.aEr Y> rwnac .�.i s *oxwc w Loilw srrcYS. ` Kso *rnuo¢ anv rnc.ons apiuo ro ncux •L w�Lww ro rIE rpwwnp. �`. _ _ _ u...n. �..... •••� pAIL•• mreL•r xTur [p1p4 u ....1 '+� - r ... i IP i FlNMMT/dv OLwlerJ/'x /39'YM / -SRWIli STM1fA 6V/[OMG I/B'�l' -/" : \1.' Pw u� fdpM p YUST 9C W.WE pY IlYII p iMKME EICLYMS u.Y �x4 KL MEIAUiIpS I �..oL.•En �. Inv+ Dint w r.sLL CpLnETE was _ Y•o /p rw.wr a.s ro.aEr Y> rwnac .�.i s *oxwc w Loilw srrcYS. ` Kso *rnuo¢ anv rnc.ons apiuo ro ncux •L w�Lww ro rIE rpwwnp. �`. _ _ _ u...n. �..... •••� pAIL•• mreL•r xTur [p1p4 71 ....... - Par LIFEW1 TN. 10' SECW P ITIM L L MAIL 1 1. . 1I .. IL rlirlr mimlimmIm- mi® TRACHTE BUILDING SYSTEMS, INC. LOW PROFILE MINI- STORAGE BUILDING Land Ilse: 151 Minf- Warehouse Description A mint- warehouse Is a building in which a storage unit or vault is rented for the storage of goods. Each unit Is physically separated from other units and access is usually provided through an overhead door or other common access point. Additional Data Information on transit trip ends is not available. Information on person trip ends is not available. Truck trips accounted for 2 to 15 percent of the weekday traffic at the sites surveyed. Vehicle occupancy ranged from 1.2 to 1.9 persons per automobile on an average weekday. Peak hours of the generator: Weekdays between 2:00 and 5:10 P.M. Saturdays between 12:00 Noon and 1:00 P.M. Sundays between 1:00 P.M. and 4:00 P.M. The studies were conducted at facilities in the San Francisco Bay Area and southern California in 1979 and 1986. At the sites surveyed. the average number of employees was 2 (range of 1 to 4). the average gross floor area was 49.000 square feet (range of 18.000 to 89.000). the average number of storage units was 613 (range of 195 to 840). and the average number of acres was 3 (range of 2 to 6). Average Densities Employees Per 1,000 Square Feet Gross Floor Area 0.05 Employees Per Gross Acre Employees Per Storage Unit 1 Square Feet Gross Floor Area Per Storage Unit M14.93 1,000 Square Feet Gross Floor Area Per Gross Acre Gross Acres Per Stora Unit Source Numbers 113.212 Trip Generation. January 1991 211 Institute of Transportation Engineers Number of Studies: 6 Average Number of Storage Units: 613 Directio Dis t ri bution: 50% entering, 50% exiting Trip Generation per storage Unit Average Rate Range of Rates Standard Deviation 0.28 0.15 - 0.46 0.54 Data Plot ana 400 -- x % 300 c W CL •c F- 3 200 Q M {- too 0 a-----r------r-r- 100 200 300 400 5oo 60o X = Number of Storage Units Y Actual Onto Points - Mad Curve Fitted Curve Equation: T = 1(3.245/X) + 0.00129)' 700 Boo 000 -- -- -- Average Pale R = 0.86 X " ' x Trip Generation, January 1991 230 Institute of Transportation Engineers - iAI W NOTICE OF HEARING FOR VARIANCE You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Date: THURSDAY, JULY 1, 1993 Time: 10:00 P.M. APPLICANT: Gary Thomas, 6701 Faricy Lane, Prior Lake. SUBJECT SITE: See attached legal description. REQUEST% The applicant proposes to expand an existing mini storage facility on to land that is not a subdivided lot of record. The applicant requests to waive all requirements of the Subdivision Ordinance, provisions of the Zoning Ordinance and City Code to expand the operation. The applicant requests the Planning Commission to waive Subdivision, architectural design materials and Landscape Ordinance in order to expand the mini storage facility as proposed. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447 -4230 between the hours of 8:00 am. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: June 24, 1993 4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPODUNrN EMPLOYER AGENDA ITEM: 4 SUBJECT. CONSIDER VARIANCE APPLICATION FOR VALLEY SIGN CO. PRESENTER: HORST GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: _ YES -X— NO DATE: JULY 1, 1993 The purpose of this item is to consider a variance application for Al Skaja of 16511 Duluth Avenue, Prior Lake. Specifically, the applicant requests the Planning Commission to grant a variance to allow a pole building to be located within the R -2, Urban Residential Zoning District. The applicant also requests to expand a nonconforming use. The variances are requested from Sections 4 -7-4 and 5 -5 -1 of the Prior Lake City Code. See attached application and excerpts from the City Code. The Code specifies that pole buildings shall be permitted in A -1 and C -1 zoning districts and "only in any other district upon approval by the City Council. Such structures may be authorized by the Council for use as warehouse, heavy equipment storage, or other uses which would tend to be compatible with that type of structure and in a location where it would not be offensive to other property owners or persons within the City." The Code further specifies that "A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with provisions of the Zoning Ordinance." Valley Sign Co. has been operating from its location on Duluth Avenue for approximately 20 years, as specified by Mr. Skaja. The subject site is located within the Original Townsite of Prior Lake, and is zoned R -2, Medium Density Residential. Staff research of old Zoning Ordinances dating back to July, 1963, indicate that the subject site has been zoned R -3 and R -2 however, a business use such as the Sign Company is not listed in any ordinance as a permitted or conditional use. During the Spring of 1993, Building Official, Gary Staber, noted that an addition was being constructed at Valley Sign Co., without a building permit. The type of construction is considered to be a pole building. The site was posted and the applicant informed that pole buildings were not permitted within the R -2 district. The addition is partially complete. The applicant is 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 M EQUAL OPPORLUWY EMPLOYER requesting variances in order to allow the completion of the construction started earlier this year. 1. Approve the variance and expansion of the nonconforming use as requested citing specific findings of fact and hardship related to the Ordinance, not provisions of the applicant. 2. Table or continue the item for further information. 3. Deny the variance and expansion request finding no hardship and inconsistency with the Zoning Ordinance and Comprehensive Plan. RECOMMENDATION[ Alternative 3. A motion to deny the variance based upon lack of hardship and inconsistency with the Comprehensive Plan and Zoning Ordinance. The Proposal is inconsistent with the Comprehensive Plan and Zoning Ordinance. The subject site is located within a residential zone. Pole buildings are not conducive to residential living and have not been permitted in any district other than A -1 and C -1 with the exception of limited construction within the I -2, Light Industrial District located north of C.R. 21. The subject site is zoned for and the Comprehensive Plan indicates residential use. Construction of pole buildings and expansion of a business use is not consistent with the Zoning Ordinance nor Comprehensive Plan. II. A nonconforming use is a land use that does not now conform to the requirements of the zoning district in which it is located but that met municipal requirements prior to adoption or amendment of the zoning ordinance. Staff research indicates that a business has not been considered a permitted or conditional use within residential districts for at least 30 years. The applicant stated that Valley Sign Co. has been in operation for approximately 20 years. The City is under no obligation to grant expansions or variances to uses that are considered prohibited by the Zoning Code. There is a question as to whether Valley Sign is a "legal" nonconforming use. The expansion of a legal nonconforming use has generally not been permitted within the City with the exception of the Marina. Expansion of a use that is considered prohibited with- he R -2 district is questionable and should not be done unless specific findings of fact are detcOnmed by the Planning Commission. II Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The business has operated for approximately 20 years and may continue to operate in the existing facility. The applicant should consider relocating the business to an appropriate commercial/industrial zone if the current facilities can no longer accommodate the use. 2. Such unnecessary hardship results because of circumstances unique to the property. The hardship is due to the business nature of the use which is not permitted within the R -2 zone. There are no unique features related to the property. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The hardship in this case is not associated with the Property nor the result of the City of Prior Lake but is caused by proposed actions of the applicant. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The variance requested directly conflicts with the Comprehensive Platt and Zoning Ordinance and is therefore contrary to the public interest. No other sign businesses are allowed to operate within the R -2 Zone. Approval of an expansion would further exasperate the problem. 5-5-1 CHAPTER 5 MISCELLANEOUS REQUIREMENTS 6-6-1 SECTION: 5-5- 1: Nonconforming Uses 5-5- 2: Accessory Uses 5-5- 3: Special Exceptions 6-5- 4: Signs 5-5- 5: O11- Street Parking 5-5- 6: Off- Street Loading 6-6-- 7: Temporary Structures 5-5- 8: Home Occupations 5-5- 9: Manufactured Homes 5 -6-10: Screening 5 -5-11: Planned Unit Development 5 -5-12: Receive -Only Antenna 6 -5-13: Exterior Lighting 6-5-1: NONCONFORMING 116115: The following provisions shall apply to all nonconforming uses: (A) A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as per- mitted by the Board of Adjustment In accordance with the provi- sions of this Title. (B) A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use noncon- forming. Note: See Chapter S of this Title, Shorstand District, for additional requirements of this Chapter. 491 5-6-1 5-6-2 (C) Any nonconforming structure damaged by Ore, flood, explosion or other casualty to an extent exceeding fifty percent (50 %) of its fair market value as Indicated by the records of the Count Assessor, If replaced shall conform to the requirements of this Titre. (D) In the event mat any nonconforming use. conducted In a structure or otherwise, ceases, for whatever reason, for a period of one year, or Is abandoned for any period, such noncc Borming use shall not be resumed. (E) Normal maintenance of a nonconforming structure Is acceptable including nonstructural repairs and Incidental maintenance. 5-5-2: ACCESSORY USES: The following provisions shall apply to accessory uses: (A) Accessory farm buildings shall not be erected WKWn one hundred feet (to0') of a neighboring property. 1. Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred feet (300') of a neighboring property. 2. Roadside stands for sale of agricultural products shall be per- mitted H: a. They are erected at least fifty feet (50') back from the nearest edge of roadway surface. b. They are used exclusively for the sale of agricultural products. c. Parking space is provided off the road right of way. d. They are removed If not in use. (Ord. 83 -6, 6- 24-83) 3. In R -t Residential areas, accessory structures shall not exceed the coverage ratio of the principal structure or the maximum of eight hundred thirty two (832) square feet, whichever 13 less. (Ord. 9C-07, 5- 21 -90) (8) For construction of swimming pools. see Title 4. Chapter 4 of the Prior Lake City Code. 292 4 -7-3 4-7-6 If such request for preliminary approval of materials granted by the City Planner and Building Inspector or the Council, as the case may be, the sketch and other Information shall be properly marked for identification by the Building Inspector and be filed In his office and such data shall become a pert of the building permit application when filed. 4 -7 -4: POLE BUILDING: A pole building which shall be under- stood to mean any building using wood or metal poles as a principle structural support to achieve alignment and bearing capacity shall be permitted In Zoning Districts A -1 or C -1 and only in any other district upon approval by the City :ouncll. Said Council shall exercise Its discretion In determining whether or not a building of such type will be compatible with the surrounding area. Such structures may be authorized by the Council for use as warehouse, heavy equipment storage, or other uses which would tend to be compatible with that type of structure and In a location where It would not be offensive to other property owners or persons within the City. 4-7-5: ZONING CODE: This Chapter shall be deemed supplemen- tary to the Zoning Code and the Construction Code of the City and shall be enforced In harmony and In conjunction with each. 4 -7-6: APPEALS: Any person aggrieved by a decision of the Build- ing Inspector regarding the use of certain materials or regarding questions of architectural design shall be entitled to appeal the Building Inspector's decision to the City Manager and, If still aggrieved, he may appeal to the City Council. (Ord. 78- 5,12 -8 -80) 491 PDJi «M�•i�li�•F; ;air•: r• • •• r Applicant: �/ LL SIGIJ CO. AL SKAJA Home Phone: _a)3`F Address: Ifasll 1 ULUTN A ✓E. _ _ __ _ Fork Phone: K Property Owner: Home Phone: Address: Fork Phone: Type of Ownership: Fee Contract _ -D W Purchase Agreement Consultant/Contractor: Phone: Existing Use of Property: SIGN t 5141 SCAE� Alk Present Zoning: 7 Legal Description —r of Variance Site: Variance requeste Rd -r AdDITID rAJ Mcg o Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or az�y per. of it? Yes _ CL No What was reouested: nJEFD Gy�It�:AJC YERNIr Describe the type of improvements proposed: INSULATO POLE QLD& (A)Completed application form. (B)Filing fee. (C)Property Survey indicating the proposed development in relation to property lines and/or ordinary - high -water mark; proposed building elevations and drainage plan. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description a Property Identification Rzber (PID). (F)Deed restrictions or private covenants, if applicable. (CJA parcel map at 1 -50 showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SH LL BE ACCEPTED AND REVIEWED BY THE PLANNING OOMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements .!or va.'ance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. at g yl ) Applicants S o tu ✓ re Submitted this J�day of ,�_ 19� Fee Owners Signature THIS SPACE IS 1U BE FILLED OUT BY 413E PLANNING DIRECTOR U D Signature of the Planning Director Date 16511 DULUTH AVE. S.E. PRIOR LAKE, MN 55372 P.O. BOX 392 447 -4560 CSiNc COAfP,4 NY 5 /1X13 CITY ®F PRIOR t A- ..,,v�p �,o � r,( (a ET' n y y FT r &'.A- Ua Y7" e a o teo_ , , d do - -nab k Gv� n a1P u oa ww. W e a a �` ?a� 7 /{oo FT ka«z � azc 4nr� / (A..;/.1R•.1 -k�� wl�,, -tttp � *,( 7t, P Rj d5 - 9azoz6- o -sEc. a- TowuSM/P jIq- RAvbE 1 . I mm mm @m i i mt A IV ���L, . 1, r� .4e� / � ���T ��7` �• `,1 S, ��•- . ems ^' � r � - ��s���P: •�Y6 !f ��'C i _ ! - .t .� d!`� •p� 1 • � � 1 I j, /F PRIG' ! r NA14PW NOTICE OF fiEARING FOR VARIANCE APPLIC.AXION You are hereby notified that the Prior Lake Planning Conunission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: DATE: THURSDAY JULY 1. 1993 TIME: 10:30 P.M. APPLICANT- Al Skaja, Valley Sign Co., SUBJECT SITE: 16511 Duluth Avenue, Prior Lake, Minnesota REQUEST The applicant requests variances from Prior Lake City Code sections 4 -7 -4 and 5 -5 -1 to allow a pole building to be constructed within an R -2, Urban Residential District and to expand a nonconforming business use. The applicant proposes to construct a pole building addition on to the existing bam in order to expand his business. The Zoning Code does not permit pole buildings within the R -2, Urban Residential Zone nor does it permit the expansion of a nonconforming use, unless approved by the Prior Lake City Council. If you are interested in this issue, you should attend the bearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447 -4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: June 23, 1993 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 AN EQUAL OPPORTUNITY EMPIDYER AGENDAITEM: SUBJECT. PRESENTER: PUBLIC HEARING: DATE: 2 CONSIDER SCHEMATIC PUD, PRELIMINARY PUD, PRELIMINARY PLAT, AND REZONING FOR "THE WILDS" HORST GRASER, DIRECTOR OF PLANNING - 2L YES _NO JULY 1, 1993 Approximately 14 months ago, Mr. Richard Burtness (the developer) approached Prior Lake with an idea of a golf course and residential community. Over the past 14 months, Staff has been working with the developer and his staff to process data, various agency applications, and reams of information for "The Wilds ", in anticipation for this development to become a part of this community. The Metropolitan Council is currently reviewing the comprehensive plan amendment approved by Prior Lake earlier this year. The 90 day plan amendment review period for the Metropolitan Council ends September 7, 1993. It is critical to the developer that Prior Lake's review of "The Wilds" occur contemporaneously. The zoning effort to accommodate "The Wilds" is a combination of PUD and conventional zoning. Prior Lake's Zoning Ordinance permits residential PUD's with commercial facilities that are designed to serve only the residents of the PUD. Consequently the two commercial districts containing hotels cannot meet this criteria. The zoning for these two districts is proposed to be B -3 and are not included in the PUD. However, the developer has committed that the land use controls will be the same as those for the PUD. The developer has submitted the following applications: A. REZONING - (see attached exhibits for detail) • 34 acres from A -1 and C -1 to B -� • 556.4 acres from A -1 and C -1 to R -1 B. PUD • 556.4 acres from R -1 to PUD, Schematic, and Preliminary PUD approval C. PRELIMINARY PLAT Prior Lake Development L.P. purchased the 580.4 acres comprising 'Me Wilds" in 1992 with the intention of building and internationally recognized golf course and an imergrated upscale highly desirable residential neighborhood with some commercial opportunities. The planning for "The Wilds" began in the summer of 1992. Tom Weiskoff and Bill Morish were retained to design the course which was completed in early fall in 1992. An EAW was prepared and a negative declaration entered by the City of Prior Lake in October. Grading of the golf course 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 AN EQUAL UPPORIUNrN ENIPLDY began in late October and was completed this spring. Bob Hoffman with the law firm of Larkin, Hoffman, Daly, 8t Lindgren was retained as special counsel in October of 1992. In November of 1992, work began towards completing the entire project. Several Planning Commission/City Council Workshops were held in an effort to identify major issues and provide direction to the applicant's land planners. In April of 1993, Prior Lake amended its Comprehensive Plan, amending its urban service area and incorporating the necessary lane use designations to accommodate "The Wilds ". The Metropolitan Council is currently in its 90 day review period ending May 7th for the plan amendment. A second EAW for the residential component was also prepared which is currently being informally reviewed by the Metropolitan CouncV Staff. Past workshops and the City's comprehensive plan have identified the following issues: 1) Additional public open space for active recreational opportunities. 2) The community trail systems be incorporated in '"Me Wilds ". 3) A trail and bikeway be constructed adjacent to the collector street. 4) "The Wilds" should coordinate development opportunities either presented or available due to the Mdewakanton Sioux Community gaming operations. 5) Wetlands be preserved. 6) Water quality be maintained. 7) The step slopes and ridges in the north -east section of the development be integrated with sensitivity and extreme caution. 8) Neighborhood connections and intersection spacing. 9) Trees and natural vegetation be retained whenever possible. 10) The capital improvement program contains no funds for improvements or upgrading of service levels. The developer must contribute a proportionate share. The City of Prior Lake has the opportunity to plan, participate, and permit a development with the greatest significance and identity since the City's incorporation. Officially the PUD contains 556.4 acres but for purposes of control, continuity, and design, all 580.4 acres are covered by covenants (attached). Pittman-Poe and Associates, Inc., has prepared excellent maps and a narrative for the PUD (see attached "The Wilds" Prior Lake, Minnesota). Over the past several weeks City Staff has been working with Pioneer Engineering, consulting engineers for the developer, refining the preliminary plat which has resulted in minor modifications that have not been incorporated in the PUD data developed by Pittman -Poe. The land use summary on page 5 states a total density of 480 units, instead the density has been reduced to 466 units. The preliminary plat has also modified the intersection at County Road 82 and the access to adjacent properties in the northeast corner of the development. The PUD data will be brought current as soon as possible. Will ►Y f'r �Y 1 1. The PUD option in the Zoning Code permits modification in land use, height and setback standards from the underlying R -1 zone. The modifications requested by "The Wilds" are: a) The 4 acre commercial site north of the County Road 83 entry. b) The nursery in the northwest comer of the development. This open space use may be changed to a commercial use at a future time via proper PUD amendments. c) There are several flag lots in cul -de -sacs to provide additional building envelopes on a fairway. d) 191 units of townhouses. e) 15 foot front yard setback for lots in blocks 5, 6, 7, and 8. 2. The PUD is consistent with the City's Comprehensive Plan. 3. Although the clubhouse/Radisson is not covered by the PUD, the developer should demonstrate that the height, bulk, and mass relationship not deter from the residential character of the development. The developer should include in the record how architectural continuity will be maintained in the commercial districts. 4. The townhouse outlots indicate no foundation plans. The eventual density will depend on unit size and design but cannot exceed191 total units. 5. The developer has filed a 30 foot height variance for the Hotel/Clubhouse site. The variance will require a separate motion. 6. White Tail Ridge has steep slopes in excess of over 20% and has been identified in the comprehensive plan as a unique community identifying natural feature. The ridge is proposed for development, however, incorporating conservation techniques as follows: a) Large lots in the 1 -2 acre range. b) Maintaining the tree skyline. C) Set back reduction from 25 to 15 feet in front yards. d) No future redivision of lots in blocks 5,6,7,and 8. e) Reduction in road width to 24 feet. f) The developer will have additional exhibits at the hearing demonstrating the impact on the ridge. g) The developer will place a wilderness easement over a portion of the ridge to guarantee its natural state. 7. The natural features have been utilized very well by the land planners of this development. 8. The development plan avoids hardship to abutting properties and procedures desirable land use options through effective use of land. 9. It is suggested that Prior Lake include the two B -3 districts in the PUD contract whereby tying them to the PUD. PRELIMINARY PLAT: The preliminary plat implements the PUD design and concept, Attached is a copy of the Preliminary Plat Narrative submitted by the developer (see attachment). PRELIMINARY PLAT ISSUESm 1. Attached please find memorandums from Larry Anderson and Bill Mangan regarding utilities and park open space. 2. Cul -de -sac islands should be maintained by homeowners or their association. 3. The developer should have the option of reducing the street on White Tail Ridge to 24 feet in the event it is essential to preserve natural features. 4. A tree planting program has not been submitted. In the opinion of Staff there is enough infomtation and detail to grant the requested approvals and send the project to the City Council for review. I will prepare resolutions for the Planning Commission consideration and action. a.;� ILLS PROPOSED REZONING �• 1 o � 1 ,-., _ C-1 To "1 �. ,. —• —m � , -.' 1 • s y L _ a.;� ILLS PROPOSED REZONING li ax R-1 To O I hAs wu -!W a III . � I PROPOSED REZONING a PR. o\ M E M O R A N D D Y 'N v ESO HORST GRASF.R, DIRECTOR OF PLANNING BILL MANGAN, DIRECTOR OF PARKS AND RECREATION PARKS AND OPEN SPACE REVIEW FOR THE WILDS JUNE 24, 1993 FROM: RE: DATE: Horst, I have reviewed the submittals for The Wilds and I will address each item as they appear on the plat. The developer lists 304.1 acres of open space in the proposal which is over 528 of the total development. of this acreage, two- thirds (678) is taken up by the golf course itself. 108 of the property (30 acres) is proposed park land. However, of that 30 acres, almost 10 acres will be used up in storm water management ponds. There will be a neighborhood park in the northeast corner of the property, a small tot lot in the southeast corner of the property, and a linear park at the entrance to the property. However, the linear park at the entrance should be retained under private ownership as there are plans to develop the entrance with a waterfall, landscaping and other amenities. The golf course itself is considered as open space which amounts to approximately 200 acres. While this is public open space, there will be a charge (green fees) to use the open space. However, most of the 200 acres will remain as green space with no buildings, encroachment, development, or violation as long as the property remains a golf course. Due to the fact that the open space is technically only available upon payment of fees, the open space is valued at 258 which is comparable to steep slopes and marshes. This leaves a net acre dedication of 50 acres. Based on these findings, the parkland dedication will have been m +at in terms of the 108 land dedication for open space. The developer has included a trail and sidewalk on both sides of the collector street running north and south on the property. This has been the policy of the City for the last few years and must be put in by the developer. These trails are also consistent with the Comprehensive Plan which spells out these trails along collector streets. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245 AN EQUAL OPPORILNrrY EWL0YER In addition, the developer is making an east to west connection with a trail along the north property line that will be paid for by the City of Prior Lake. This trail is necessary to make an eventual connection all the way to C.R. 21 and is identified in the Parks Comprehensive Trail Plan. There has been material submitted by the developer that shows tennis courts on park land. A clarification needs to be made regarding the construction and maintenance of those courts. Is this something the developer is intending to construct on park land or is this something that the developer expects the City of Prior Lake to construct? The Comprehensive Plan calls for the preservation of this ridge because of the vista and the mature forest. In addition, there are slopes over 208 that should not be built on which would destroy the integrity of this ridge. The developer has shown development on the ridge but has shown wilderness easements which will protect and preserve the ridge. Staff would recommend that roof lines of any future development be kept low under the trees so that that ridge, when viewed from C.R. 21, will at least appear to be undisturbed. Horst, those are my comments. This development is very exciting from a concept viewpoint and I look forward to this project becoming reality! ThanK you. pRro tJ � \ P TO: FROM: SUBJECT: DATE: HORST GRASER, DIRECTOR OF PLANNING LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS THE WILDS - PRELIMINARY PLAT JUNE 25, 1993 A substantial amount of data has been generated for The Wilds development. Today, June 25th, a new submittal has been made. The preliminary plat has been modified to reflect changes which have been requested. It appears that the subdivision design generally can function with the data that has been supplied to date. It will be necessary to have all the data to completely analyze the plat. Prior to the Planning Commission Meeting on July 1, 1993, additional review will occur. If the Planning Commission chooses to proceed, the approval should include a stipulation that the sanitary sewer, watermain, storm watertwater quality and street plans be acceptable to the Director of Public Works. The following items need to be addressed prior to the final plat approval: 1. The City will be meeting on Monday, June 28, 1993, with Scott County and SMSC to discuss improvements to County Road 83. The SMSC has contacted with SRF to provide recommendations to the City and the County. The developer will be responsible for a portion of the coats to the county road system. The amount is undetermined. 2. The alignment of The Wilds Parkway at 154th Street needs to be reviewed to determine if the location is appropriate for development to occur on the south side of 164th Street. 3. The area south of Maple Lane is one of the highest points in the City. Development of this area may cause problems with the City's water distribution. The City's consulting engineer, Maier Stewart & Associates, Inc., is reviewing this for alternative solutions. The area can be served but limits the capacity of the City's existing elevated water storage system. With no modifications, the tanks could not utilize the f operating range, and the City would loose half of the operating capacity. Staff will have alternatives to this prior to the Planning Commission Meeting. 4629 Dakota St S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 4. More detail needs to be provided for Outlot 0 to determine the extent of buildability of the parcel. 5. A major water feature is proposed at The Wilds Parkway and at County Road 83. Details are needed for review. 6. Sanitary sewer and watermain need to be extended from CSAH 21. The lines are proposed to be extended on the north side of County Road 82. The sanitary sewer route will cross the Mark Highland property on the west side of the wetland and connect at Mallard Pass. Easements are needed from Mark Highland and a permit from Scott County to do this work. 7. The outlots on the south and west side of The Wilds Parkway across from Bluebill Circle and Cul de sac 'V needs to be dedicated to the city. 8. The sanitary sewer system in several areas are not in the street. Access to the sanitary sewer needs to be addressed 9. The development contains storm water management ponds and storm sewers within the golf course. The developer has agreed to maintain the storm water management ponds and repair the turf if the storm sewer lines need repair. An agreement needs to be drafted to incorporate this. 10. Most cul de sacs contain islands. The developer needs to provide a planting plan for these. The developer has agreed to maintain the island. This needs to be a part of the Homeowners Associations Convenants. A r, ®_ No :FAQ . ®_6 Ba63g® °® _ Q�� RUN- 0 �- ARF_ SUMMARY � M.R_ acme M A r, ®_ No :FAQ . ®_6 Ba63g® °® _ Q�� RUN- 2623 48 2569 18 S I o p 1 �. anor • s }�'� U -A 5� o °p (� msro re .+ws d_ -- _ � v r O o+o \ NOT M I \ N '• ,ee°° = =- _— - — — — 7f tx6 vows '" O 1968.11 AW 496 PRELIMINARY PLAT 649.72 The Wilde PUD is an upscale 580 acre development located within the City of Prior Lake. It includes approximately 275 single family lots, approximately 247 single family attached units, a championship 18 hole golf course, 2 hotels, 2 restaurants, a convenience store and a neighborhood shopping facility. The primary design criteria of the Wilds is to preserve the natural features of this property by minimizing both the amount of grading on the site and wetland impacts. Approximately 100,000 yards of dirt was moved to construct the golf course and 1.25 acres of wetlands will be impacted out of a total of 128.63 acres of wetlands. Prior Lake Development feels that both of these impacts are minimal for a project of this size. The density of this project is .92 units per acre. The City of Prior Lakes' density is 2.5+ units per acre. Over 50% of The Wilds is committed to recreational and open space functions. The Wilds has formed a Builders Pool of twelve quality builders from the Minneapolis area. These twelve builders will form the building development team of the Wilds for single family units. The range of prices for these homes is from $200,000 on up. The single family lots range from the smallest being 11,163 square feet to the largest being 136,933 square feet. The total number of square footage for these 275 lots is 6,640,313 square feet. This equates to an average lot size of 24,146 square feet. The Wilds PUD will form an Architectural Review Committee which will consist of members appointed by the owners, from the staff, the development team, and residents of The Wilds. This committee will be responsible for the review and approval of all residential site and architectual plans, as well as, the selection of architectural building materials. They will also approve all landscape and drainage plans before submitting them to the City for approval. A Property Owners' Association will be established at The Wilds and will be an incorporated entity created in accordance with Minnesota State Statutes. initially, the Property Owner's Association will be managed by The Wilds developer, with the governance of the Association being transferred to the residents of The Wilds, as the project builds out. The responsibilities of this Association will be the enforcement of the adopted protective covenants and the maintenance and ownership of common open space not dedicated to the City of Prior Lake. Final documents on the Property Owners' Association at The Wilds will be filed with the final plat, and will include the maintenance agreement and other specific rights and requirements for association members. The Wilds will have an exciting ent:_ feature for it's main entry off County Road 83. This feature =:a.I1 include a small lake on eaci side of the Wilds Parkway. These entrance lakes will have waterfall °s as a back drop. Prior Lake Development feels this upsca`_ed entry will present the type of image that will be warranted for The Wilds. Strec,t signs (bases and signs) and mailboxes (bases) will be made of redwood in order to preserve a quality consistent look within The Wilds. Each single family lot will have its own mailbox. Singh family attached units will have cluster mail boxes. Street lighting will conform to the City of Prior lakes' standards. Ornamental lighting fixtures will be utilized in order to upgrade the feeling of being in The Wilds. The exact numbers of lighting fixtures will agreed upon between both the City staff and The Wilds development team. All gas, electrical and cable utilities will be placed underground in the easement from the back of the curb to the lot line. The Wilds will feature a trail system through the property. This trail system will wind around the northern portion of the project providing access to the Mystic Lake Park, as well as, the North Central Park. The trail system will continue to the east where it will terminate at the Jeffers Property. A 125 room Radisson Hotel will be located in the center of the property. This hotel will also include the clubhouse for the golf course, located within. The height of this proposed hotel is 65 feet and will require a variance for this height from the Board of Adjustment. A second hotel located on the southwestern edge of the property will be located across from Mystic Lake Casino. This hotel will have approximately 100 rooms. The name of this hotel will be Mystic Lake Lodge. Two restaurants are also proposed. The first restaurant will serve as an amenity to Mystic Lake Lodge and will be located in the same area. The second restaurant will be located in the west central portion of the development directly across Mystic Lake Drive /County Road 83 from Mystic Lake Casino. This restaurant may require a set -back variance in the Shoreland- District. The neighborhood shopping area is a four acre site of neighborhood shopping and professional services intended to benefit the project residents. Typical types of businesses located in this shopping area will be an insurance agency and a dry cleaner. This area is located just north of Wilds Parkway off the entrance of County Road 83. P. convenience store is also proposed on the site next to Mystic Lake lodge. This convenience store is intended to serve the residents of The Wilds and the surrounding area. PRIOR LAKE DEVBLOP L.P. Lot Information A �.� eaexa �oot8c® 1, 1 23,700 1 2 20,057 1 3 19,442 i @ 14,542 R. 5 16,754 1 6 17,120 Total for Block 1 6 Total Sq. Ft. for Block 1 111.615 2 1 15,814 2 2 13,704 2 3 14,947 2 4 17,932 2 5 14,068 2 6 16,979 2 7 19,437 2 a 11,803 2 9 21,686 Total for Block 2 9 Total Sq. Ft. for Block 2 146,370 3 1 19,075 3 2 21,001 3 3 21,754 3 4 27,998 3 5 21,816 3 6 25,302 3 7 22,610 Total for Block 3 7 Total Sq. Ft. for Block 3 159,556 4 1 49,215 4 2 27,110 4 3 20,029 4 4 27,138 4 5 21,067 4 6 27,063 4 7 19,460 4 8 20,098 4 9 25,197 4 10 22,060 4 11 18,833 4 12 30,939 4 13 29,297 4 14 29,422 4 15 26,529 4 16 27,148 4 1 7 27,444 g X�Ot SMAare ft2t 31.c o €." 17 Total Sq. Ft. for Block 4 448x049 _ 5 1 26,034 2 18,525 5 3 15,468 5 4 14,980 5 5 17,446 5 6 28,521 Total for Block 5 6 Total Sq. Ft. for Block 5 120.974 6 1 49,417 6 2 84,318 6 3 76,885 6 4 53,269 6 5 56,378 6 6 47,433 6 7 50,348 6 8 51,407 Total for Block 6 8 Total Sq. Ft. for Block 6 462,455 7 1 29,540 7 2 45,402 7 3 62,767 7 4 - 125,007 7 5 136,933 7 6 90,288 Total for Block 7 6 Total Sq. Ft. for Block 7 489.937 8 1 30,123 8 2 42,117 8 3 39,514 8 4 44,864 8 5 40,093 8 6 62,974 8 7 40,375 ® 8 70,210 8 9 68,562 8 10 85,579 Total for Block 8 10 Total Sq. Ft. for Block 8 5 ;4.411 9 1 51,223 9 2 33,518 9 3 31,365 9 4 32,400 9 5 26,198 9 6 29,488 9 7 34,298 9 8 25,079 89Rax2 zs9tQ" 9 9 23,181 9 10 27,142 9 11 35,425 9 12 34,932 9 13 28,924 9 14 23,153 9 16 26,232 9 16 56,758 9 17 52,597 9 18 23,260 9 19 26,493 9 20 26,592 9 21 23,390 9 22 22,496 9 23 28,829 Total for Block 9 23 Total 8q. Ft, for Block 9 722,983 10 1 20,464 10 2 - 21,436 10 3 22,260 10 4 24,386 10 5 14,880 10 6 21,996 10 7 15,285 10 6 24,088 10 9 22,669 10 10 27,236 10 11 24,848 10 12 22,317 10 13 24,399 10 14 22,506 10 15 24,240 10 16 20,255 10 17 22,232 10 18 24,326 10 19 23,903 10 20 22,410 10 21 18,966 10 22 43,009 10 23 34,958 10 24 35,882 10 25 22,084 10 26 35,480 10 27 44,037 10 28 56,359 10 29 22,355 10 30 22,345 10 31 21,842 10 32 24,808 10 33 18,5 °2 10 34 24,586 GmAftre Footage 2,,r Block !,- 34 Total Sq. Ft. for Block Of 871,429 11 1 21,165 11 2 21,256 11 3 21,534 11 4 21,151 11 5 21,994 11 6 27,900 11 7 25,063 11 8 21,457 11 9 19,531 11 10 25,856 11 11 25,650 11 12 22,166 Total for Block Of 12 Total Sq. Ft. for Block Of 274,123 12 1 15,674 12 2 19,346 12 3 16,787 12 4 19,814 12 5 14,345 12 6 13,848 12 7 16,752 12 8 15,062 12 9 15,784 12 10 14,117 12 11 17,210 12 12 17,521 12 13 18,349 12 14 16,705 12 15 16,613 12 16 17,374 12 17 18,452 12 18 15,950 12 19 17,554 12 20 18,539 12 21 18,283 12 22 14,288 12 23 14,764 Total for Block Of 23 Total Sq. Ft. for Block 383.131 13 1 33,152 13 2 30,645 13 3 18,473 13 4 20,696 13 5 14,070 13 6 21,634 13 7 23,351 13 8 22,884 13 9 13 10 13 11 13 12 13 13 Total for Block ## 13 14 1 14 2 14 3 14 4 14 5 14 6 14 7 Total for Block B# 7 15 1 15 2 15 3 15 4 15 5 15 6 15 7 15 8 15 9 15 10 15 11 15 12 15 13 15 14 15 15 15 16 15 17 15 18 15 19 15 20 15 21 15 22 15 23 15 24 15 25 15 26 15 27 15 28 15 29 15 30 15 31 rr , MT71Wznarr 14,740 17,232 22,202 19,961 31,372 Total Sq. Ft. for lock ## 290.412 15,615 15,582 16,715 18,450 21,155 17,021 17,641 Total Sq. Ft. for Block /# 122 179 14,784 13,812 16,797 18,669 22,605 18,145 12,753 12,266 12,745 13,773 13,032 13,853 13,131 19,966 22,057 16,879 13,886 14,551 16,588 12,612 14,028 16,409 16,664 14,144 14,877 14,271 13,206 14,047 13,568 12,564 13,523 Total for Block Of 31 Total Sq. Ft. for Block 91 RM Total for Block It 16 1 16 2 16 3 16 4 16 5 16 6 16 7 16 8 16 9 16 10 16 11 16 12 16 13 16 14 16 15 16 16 16 17 16 18 16 19 19 17 1 17 2 17 3 17 4 17 5 17 6 17 7 17 8 Total for Block It a 18 1 18 2 16 3 IB 4 18 5 Total for Block Of 5 19 1 19 2 19 3 19 4 19 5 19 6 19 7 19 8 19 9 19 10 19 11 15,518 11,163 14,313 14,338 14,272 14,155 14,800 13,549 13,117 11,673 12,578 12,394 14,418 13,504 14,893 15,892 20,722 14,044 14,367 Total Sq. Ft. for Block ff 270.910 15,035 13,904 16,758 27,823 24,178 20,534 16,889 13,245 Total Sq. Ft. for Block /f ia8.996 13,753 13,995 18,058 16,088 15,970 Total Sq. Ft. for Block ff 77,894 20,704 11,914 20,624 15,226 18,147 15,459 14,118 22,849 19,295 20,550 17,424 00 Lot equate F9otaa® Total for Block 00 11 Total Eq. Ft. for 81 #/ 194,316 20 1 15,145 20 2 13,771 20 3 12,236 20 4 12,125 20 5 14,167 20 6 20,689 20 7 19,095 26 8 15,106 20 9 15,286 20 10 18,832 20 11 20,984 20 12 16,650 20 13 16,061 20 14 16,817 20 15 19,144 20 16 27,688 20 17 16,721 20 18 22,168 20 19 29,949 Total for Block It 19 Total Sq. Ft. for Block 274 Grand Total of Sq. Ft. 6,640,313 • •.; • • r • FOR THE WILDS THIS DECLARATION made this day of June, 1993, by Prior Lake Development, Inc., a Minnesota Limited Partnership, hereinafter referred tp as 6 'Declarant. 11 WHEREAS, Declarant is the owner of real property on the county of Scott, State of Minnesota, described as: Lots 1 through 6, Block 1, The Wilds Lots 1 through 9, Block 2, The Wilds Lots 1 through 7, Block 3, The Wilds Lots 1 through 17, Block 4, The Wilds Lots 1 through 6, Block 5, The Wilds Lots 1 through 8, Block 6, The Wilds Lots 1 through 6, Block 7, The Wilds Lots 1 through 10, Block 8, The Wilds Lots 1 through 23, Block 9, The Wilds Lots 1 through 34, Block 10, The Wilde Lots 1 through 12, Block 11, The Wilds Lots 1 through 23, Block 12, The Wilds Tats 1 through 13, Block 13, The Wilds Lots 1 through 7, Block 14, The Wilds Lots 1 through 31, Block 15, The Wilds Lots 1 through 19, Block 16, The Wilds Lots 1 through 8, Block 17, The Wilds Lots 1 through 5, Block 18, The Wilds Lots 1 through 11, Block 19, The Wilds Lots 1 through 19, Block 20, The Wilds Outlots C,L,M,P,Q,R;S,T, all in The Wilds WHEREAS, Declarant desires to impose upon and subject said property to certain covenants, conditions, restrictions and reservations for the benefit of the present and future owners of said property. NOW, THEREFORE, Declarant hereby declares that all of said property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and reservations which are hereby declared to be for the benefit of the property described herein and the owners thereof, their successors and assigns. These covenants, conditions, restrictions and easements shall run with the said real property and shall be binding on all parties having or acquiring any right, title or interest in the described real property or any part thereof and shall inure to the benefit of each owner of any lot herein described and are imposed upon said real property and every part thereof as a servitude in favor of each and every parcel thereof as the tenement or tenements. ARTICLE I ORDINANCES In addition to the provisions of this Declaration, the ordinances of the City of Prior Lake, Minnesota (hereinafter A'City in effect as of the date of this Declaration shall be binding hereafter including the rights given in said ordinance to a land owner to apply for variances from said ordinances. In addition to complying with City ordinances or approved variances therefrom, an owner must comply with all of the covenants, conditions, restrictions and reservations set forth herein. ARTICLE II DEFINITIONS "Property shall mean the real property described hersinabove, platted as part of The Wilds, Scott County, according to the plat thereof on file and of record in the office of the County Recorder in and for said County. "Lot" shall mean any lot in the Property including the aforementioned Outlots. "Association" shall mean The Wilds Homeowners Association. "The Wilds" shall mean the residential development located on the property. ARTICLE III THE WILDS HOMEOWNERS ASSOCIATION Every person or entity who is a record owner of a fee or undivided fee simple interest in any Lot subject to this Declaration (excluding contract sellers and including in place thereof their contract purchasers)(hereinafter referred to as "Owner ") shall be a member of the Association. The foregoing is intended to exclude persons or entities who hold an interest merely as a security for the performance of an obligation until such time such person acquired a fee simple interest in such Lot by foreclosure ar by any proceeding in lieu thereof. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to this Declaration. Ownership of such Lot shall be the sole qualification for membership. There shall be two classes of voting membership. Declarant shall be the only class B member and all other members shall be class A members. The voting rights of the two classes are different from each other and shall be as set forth in Article VI of the Articles of Incorporation of The Wilds Homeowners Association just as if articles VI had been fully set forth herein. ARTICLE IV. ASSESSMENTS Section 1. Personal Obligation Declarant, for each Lot owned by it within the Property, hereby covenant, and each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, shall be and is deemed to covenant and hereby agrees to pay to the Association: (a) annual assessments or charges, and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. Any assessments authorized herein, together with interest, costs and reasonable attorneys' fees, shall be a continuing lien against the Lot assessed from the date payable. Each assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such Lot on the date said assessment became due and payable. Said personal obligation of an Owner shall not pass to his successors in title or interest unless expressly assumed by them or unless prior to such transfer, a lien for such assessments shall have been filed in writing with the County Recorder of Scott County, Minnesota. No Owner shall escape liability for the assessments which fell due while he was the owner by reason of non -use of the Common Area or non -use, transfer or abandonment of his Lot or the right of possession thereof. ^ n n Section 2. Purpose of Assessments The assessments levie y L,J the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property, and to construct, manage, improve, maintain, repair and administer the Common Area. Section 3. Annual Assessments Annual assessments shall be fixed by the Board of Directors of the Association in accordance with the Articles of incorporation and the corporate By -laws. No annual assessment has been assessed as of the date of recording of this Declaration. When an annual assessment is assessed, whether be at an annual or special meeting of the members, it shall not exceed the annual rate of $100.00 per lot until the next annual membership meeting at which, and after which, the annual assessments may be increased no more than thirty percent (30%) above the assessment for the previous year EXCEPT that the annual assessment may be increased more than thirty percent (30%) by a favorable note of two - thirds (2/3) of the Members who are present in person or by proxy at a meeting called in accordance with Section 5 of this Article. Suction 4. Special Assessments In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capita! improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of not less than two - thirds (2/3) of the Members who are voting in person or by proxy at a meeting duly called for this purpose. section 5. Notice and Ouorum Written notice of any meeting called for the purpose of taking any action authorized under Article V, Section 3 or 4, shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the opening of such meeting, the presence in person or by proxy of Members entitled to cast sixty percent (60%) of the votes of each class of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Rate of Assessment Both annual and s eci assessments must be fixed at a uniform rate for all Lo1% a Section 7. Commencement of Annual Assessments By November 30 of each year the Board shall fix the amount of annual assessments against each lot for the following calendar year and shall send written notice thereof to each Owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it shall adopt a budget for the following calendar year and cause a copy of such budget in reasonable detail to be furnished to each Owner. Section S. Proof of Payment Upon written demand of an Owner at any time, the Association shall furnish such Owner a written certificate signed by an officer of the Association setting forth whether there are any then unpaid annual or special assessments levied against such Owner's Lot. Such certificate shall be conclusive evidence of payment of any annual or special assessments not stated therein as unpaid. section 9. Nonpayment of Asse" A ents . Any assessments which are not paid when due shall be deemec! delinquent. If an assessment is not paid within thirty (30) days after the delinquency date, it shall bear interest from the delinquency date at the rate of eight percent (88) per annum and shall become a continuing lien in favor of the Association on the Lot against which assecsed and the Association may bring an action at law or in equity 6gainst the person personally obligated to ray the same, including interest, costs and rx aacneble attornayw' fees for any a t..,h action, which shall be added to the amount of such assessment and included in any judgment rendszed in such action, and the Association may also enforce and forecicee any lien it has or which may exist for its benefit. Section 10. Recordinc and Enforcement of Liens To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien setting for the amount of assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot, the name of the person personally obligated to pay the same and a description of the Lot. Such a notice shall lie signed by an officer of the Association and may be recorded in the office of the County Recorder for Scott County, Minnesota. No notice of lien shall be recorded until there is a delinquency in payment of the assessment for thirty (30) days. Such lien may be enforced either by judicial foreclosure by the Association in the same manner in w mortgages on real property may be foreclosed in Minnes foreclosing the lien in the manner prescribed by Minna Statutes for .foreclosure of a mechanic's lien. In any such foreclosure, tha person personally obligated to pay the lien shall be required to pay all costs of foreclosure including reasonable attorney's fees. All ouch costs and expenses shall be secured by the lien being foreclosed. The person personally obligated to nay the lien shall also be required to pay the Association +rny assessments against the lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold convey, 1 - se, rent, encumber, use and otherwise deal with the Lot as the moaner thereof. The Association shall, upon written request, report to any lien holder of a Lot any assessments remaining unpaid for longer than thirty (30) days after the same shall have become due; provided, however, that such lien holder first shall have furnished to the Association written notice of such encumbrance. section 11. Subordination of Lien The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage and to tax liens and liens for special assessments in favor of any taxing and assessing unit of government. Sale or transfer of any Lots shall not affect the assessment lien. However, the sale or transfer or acquisition of possession of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer or acquisition of possession. No such sale or transfer or acquisition of possession shall relieve a Lot from liability for any assessments thereafter becoming due or from the lien thereof or shall relieve the person personally obligated to pay the lien of personal liability for assessments due prior to such sale transfer or acquisition of premises. ARTICLE V. LAND USE AND BUILDING TYPE Section 1. No Lot shall be used except for residential purposes, except that a Lot or portions of Lots may be used by home builders for temporary office, model homes, and /or for subdivision identifying entrance monuments. Residential purposes include dwellings and attached or detached garages, swimming pools, tennis courts and attendance structures, such as storage sheds and cabanas. No dwelling shall be erected, altered or placed on a Lot or permitted to remain there other t ppe n detached single family dwelling not to exceed two sto e height, as measured from grade. In the event the dwe i includes a walk -out basement, the basement shall not be counted as a story. Section 2. All structures constructed or placed on the property shall be totally completed on the exterior thereof within nine (9) months after commencement of construction. ARTICLE VI. R2AL CONTROL COMMITTEE Section 1. No dwelling, building, driveway, walkway, wall, fence, garage, aerial, antenna, wire, pipe, mailbox, mailbox stand, exterior ornament, swimming pool, landscaping, or other structure or foliage (herein, "Improvement ") shall be constructed, altered, improved or placed upon a Lot without written approval by The Wilds Architectural Review Committee (herein "Committee ") of the plans and specificat: ns for said improvements, including site location thereof, and of the builder who will actually perform the proposed work. Section 2. The Committee shall consist of three individuals whom, so long as Declarant owns a buildable Lot, shall be appointed by Declarant, after which, the Committee shall be appointed by the Board of Directors of The Wilds, Homeowners Association. section 3. The Committee shall appoint one member of the Committee to be its Chairman. The Chairman shall call meetings of the Committee. A quorum of the Committee shall consist of two (2) of its members. The Committee may act upon the vote or written consent of any two (2) of its members. The Chairman of the Committee is , authorized t3 execute certificates of approval, notices of disapproval and similar instruments effectuating decisions of the Committee. Section 4. At least fourteen (14) days before construction is commenced, the owner shall submit to the Committee, three (3) complete sets of architectural plans and specifications (including, without limitation, full site plans, exterior materials, exterior colors, driveway plan and landscape plan) along with the name of the builder who will actually perform the proposed work, in care of Declarant at 2800 Wilds Parkway, Prior Lake, MN. 55372 together with a processing fee of $50.00. Section 5, Within fourteen (14) days of receipt of plans and specifications and the name of the builder, the Committee shall approve or disapprove a builder if the Committee determines, in its sole discretion, that such builder does not meeet, n Committee's sole discretion, the Committee's standar o c i worthiness and /or does not build homes of the same qua i y an Vn the same price range as built or to be built by Declarant in The Wilds. The Committee may disapprove plans and specifications only for one or more of the following reasons which shall be at the Committee's sole and exc live discretion: (a) noncompliance wit. a Declaration; (b) failure of the ext�aaor of the building to be of a style compatible with, or failure of a dwelling to be of the same general size, quality of construction and price range as, the dwellings built or to be built by Declarant at The Wilds. (c) failure of a. dwelling or fence to be placed and oriented on its Lct in a manner compatible to the dwellings built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; (d) failure of a fence to be compatible with improvements on adjoining Lots, and with the character of the subdivision as a whole, in terms of height, location, design, materials and /or obstruction of views; and (e) failure of the plans and specifications to show all information necessary to evaluate the foregoing characteristics. The committee's determinations concerning the plans and specifications shall be conclusive. If the Committee disapproves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. If construction of an Improvement is commenced without approval by the Committee of the builder or the plans and specifications, or if construction of an Improvement is completed not in accordance with the approved plans and specifications, Declarant, or the owner or any Lot in The Wilds, may bring an action to enjoin further construction and to compel the owner to discontinue use of the builder or to conform the Improvement to the plans and specifications approved by the Committee, as the case may be, provided that such action shall be commenced and a notice of Lis Pendens shall be filed no later than ninety (90) days after the date on which the Certificate of Occupancy is issued by the appropriate municipal authority. If the non- approved and /or nonconforming Improvement is made upon a Lot for which a Certificate of Occupancy has been previously issued, the action shall be commenced and a Notice of Lis Pendens shall be filed within ninety (90) days after the Plaintiff in the action discovers or learns of the Improvement. o u The Committee shall retain all plans and specificationi 2ub11 to it, and a record of all locations taken with regard to them. In the event that Declarant, the Committee, and /or the members of the Committee shall fail to discharge their respective obligations under this Article VI of this Declaration, then any owner of a Lot in The Wilds may bring an action to compel the discharge of said obligations. Such an action shall be the exclusive remedy of any owner of a Lot in The Wilds for failure of the Declarant, the Committee, and /or the members of the Committee, and all owners of any Lot hereby release Declarant, the Committee and members of the Committee from any liability of any nature whatsoever, whether direct, consequential, or otherwise arising out of, or in connection with Declarant or the Committee's duties hereunder, whether by negligence or failure to perform such duties or for any other reason. ARTICLE VII. STRUCTURE LOCATION The Architectural Review Committee may require a structure to be located farther from the side Lot lines and /or front Lot line than the minimum building setback requirements of the City and /or the provisions of the Planned Unit Development Agreement. At a minimum, no structure shall be located on any lot near to the front or near to the side Lot line than the minimum building setback lines permitted by applicable ordinances of the City in effect as of the date hereof, or of the requirement as stated in the Planned Unit Development Agreement ( °P.U.D."), in effect governing this property. In the event a discrepancy exists, the provisions of the P.U.D. shall govern. Any application for a variance therefrom must be approved by the Committee prior to presentation to the City. This Section is intended to define the procedure for application for variance, and does not impair an individual's right to request and obtain a variance from the City. ARTICLE VIII. BUSINESS ACTIVITIES No business may be continuously conducted or operated from a Lot which causes inconveniences, excessive traffic, excessive parking congestion or undue annoyance to the neighborhood except those businesses which are in the business of selling Lots and homes in The Wilds. ARTICLE IX. D �, NUISANCES No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be, or may become an annoyance or nuisance to The Wilds and the surrounding neighborhood. ARTICLE X. TEMPORARY STRUCTURES No structure of a temporary character, recreational vehicle, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. ARTICLE XI. STORAGE OF VEHICLES, ETC. All recreational vehicles, trailers, boats, snowmobiles and wheeled or tracked vehicles (not including passenger cars or any equipment used in construction or repair of the property) shall be stored within a garage or enclosure on a Lot, and shall not be visible from outside the Lot. ARTICLE XII DRIVEWAYS All driveways shall be hard - surfaced. ARTICLE XIII NON - PERMITTED STRUCTURES No television satellite dishes, or radio or television antenna towers, or electric generating windmills or other similar structures shall be permitted, provided however, that television satellite dishes may be permitted only upon prior approval by the Committee and a finding by the Committee that no adverse impact will be suffered by an Lot in The Wilds. No antenna of any sort shall be installed or maintained which is visible from the front of neighboring properties unless prior to any installation, the Committee gives approval and makes a finding that no adverse impact will be suffered by any Lot in The Wilds. No person or entity which is not the Owner may erect or maintain a television satellite dish on any Lot. ARTICLE xPV n LIVESTOCK AND POULTRY D M No animals, livestock or poultry of any kind shall be raised, bred, kept on the property, except that dogs, cats, and other household pets my be kept, provided that they are not kept, bred, or maintained for any commercial purposes. No more than two cats and /or dogs shall be kept by the owners of any Lot at any one time except that a litter of kittens or puppies may be kept until one month after they are weaned.and except that more than two household pats may be kept provided they do not constitute a nuisance. ARTICLE XV LANDSCAPING REQUIREKENTS All properties adjacent to road right-of-ways areas upon which a house has been, or is being, built shall be sodded or landscaped according to a landscape plan as approved by the Architectural Review Committee of The Wilds. ARTICLE XVI EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, except that a bituminous or concrete driveway or walk which does not impede surface water runoff and drainage may be installed and maintained across the easement subject to disturbance for installation and maintenance of utilities. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. AR TICLE t RUBBISH == D M a � V No Lot shall be used or maintained as a dumping ground for rubbish, except during construction of subdivision improvements and dwellings. Said construction debris shall not be allowed to accumulate and remain on any Lot. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage of disposal of such material shall be kept in a clean and sanitary condition. ARTICLE XVIII SOIL, GRADING No sod, soil, sand, gravel, or timber, shall be sold or removed from any Lot, except for the purpose of excavating for the construction or alteration of a residence on said premises or appurtenances thereto, or for the proper grading thereof, or for landscaping, or for road improvements. AS long as Declarant is an Owner of one or more lots, no soil, and /or gravel shall be removed form The Wilds without Declarant's express permission, instead, it must be deposited at place or places designated by Declarant. ARTICLE XIX SIGNS No signs of any kind shall be displayed to the public view on any Lot except as follows: (a) Notwithstanding any of the provisions set forth below, all signs erected on the property shall conform to Prior Lake sign ordinances as amended from time to time or variances thereto approved be the City Council. (b) Subdivision identification entrance monuments may be installed by Declarant and entrance advertising signs may be installed by Declarant at both entrances and maintained until Declarant no longer owns any buildable Lots. (c) During the construction and sales period of the subdivision, the Declarant may place such directional and subdivision advertising signs as are necessary, and one sign no larger than 3 feet by 4 feet in size may be placed on each Lot advertising the Lot for sale, provided that multiple signs, and /or signs in excess of 3 feet by 4 feet in size are permitted on Lots having dwellings adveffag for sale by Declarant or its assigns, IIII ►�� �( (d) After the initial construction and sales period, one ll sign of not more than 3 feet by 3 feet in size advertising the property for sale is permitted. (e) An Owner by erect and maintain a business sign not to exceed 1 square foot. ARTICLE XX TERM These covenants, conditions, restrictions and reservations shall run with the land and shall be a servitude thereon, and shall be binding on all of the parties hereto, upon all persons claiming under them, and upon all purchasers of all or any of the land so described herein and their heirs, assigns, and successors -in- interest. All of the provisions of this instrument shall remain in full force and effect until 20 years from the date hereof, at which time they shall cease unless an instrument extending the term and signed by a majority of the Owners has been recorded prior to the expiration of the initial 20 year period. ARTICLE XXI SEVERABILITY Invalidation of any one or more of the provisions herein by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect until the date of expiration. ARTICLE XXII ENFORCEMENT Each Owner of a Lot in The Wilds shall have the right to enforce the provisions of this instrument in his /her own name by procoedings in law to recover damages or in equity to restrain violation, against any person violating or attempting to violate any covenant or provision hereof; provided that the remedies in Article VI and not the remedies of this Article XXII shall apply to violations of Article VI. IN WITNESS WHEREOF, Declarant has executed this instrument the day and year first hereinabove written. PRIOR LAKE DEVELOPMENT LIMITED PARTNERSHIP BY RKB, INC., ITS GENERAL PARTNER Bye Richard R. Burtness Its President A P REGULAR PLANNING COMMISSION AGENDA Thursday, July 15, 1993 6:30 p.m. 1. Call meeting to order. a) Review minutes of previous meeting. 6:30 p.m. 2. NEIGHBORHOOD PLANNING DISTRICT MEETING Island View/Northwood & Grainwood/Martinson 8:30 p.m. 3. PUBLIC HEARING - Business Office Park Subdivision/Rezoning 9:00 P.M. 4. VARIANCE - Minnesota Valley Electric Co -Op. 9:30 p.m. 5. VARIANCE - CONTINUED - Prior Lake Mini- Storage Other Business a) b) C) All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 4629 Dakota St S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 AN EQUAL OPPOIrrUNrTY EMPLOYER PLANNING COMMISSION MINUTES JULY 1, 1993 The July 1, 1993, Planning Commission Meeting was called to order by Chairman Roseth at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner James Hayes, Consultant Blair Tremere, and Secretary Rita Schewe. Commissioners Loftus and Wuellner were absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING The minutes from the Special Public Hearing for the Industrial Standards for the Business Office Park were reviewed. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The minutes from the June 17, 1993, Regular Planning Commission Meeting were reviewed. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED. ITEM H - NEIGHBORHOOD PLANNING DISTRICT MEETING FOR OAKWOOD- MARKLEY AND SOUTH NEIGHBORHOODS As no one was present, a recess was called at 6:33 P.M. to allow extra time for the public to attend. The meeting was reconvened at 6:43 P.M. and was lightly attended. The three members in attendance were not from the neighborhoods on the agenda. Horst Graser gave a brief outline on the purpose of the neighborhood meetings. It is an opportunity for the citizens of Prior Lake to voice their opinion and concerns for the community. That information can then be compiled into the Comprehensive Plan. During the course of the meeting Mr. Graser outlined the Industrial Business Park facilities. Tom Foster -5795 Shannon Trail, voiced his disappointment in the low turnout. His question was on the implementation of bike paths and was advised this was being done in the new developments but it is impossible to retrofit the older developments that have been completed. Mr. Foster asked if the level of concern for natural amenities has changed in the last five years. He also complimented the City on the current issue of the "Wavelength" and asked the status of the Industrial Office Park purchase. Home occupation permits were discussed. Mr. Tremere explained the "tier concept ", where people forget that property is developed in phases and become used to the open space and so when the next phase of development begins, the citizens become concerned on the natural amenities being preserved, when in fact, the property has already been platted for residential construction. PLANNING COMMISSION July 1, 1993 Page 1 Lynn Gorham, 6782 Hillcrest Street SE, was asked if The Ponds Athletic Complex was a benefit to her area. She felt the playground was a plus to her and her family. Ms. Gorham also felt there was not enough shopping opportunities available in Prior Lake and would like to see a Target or Walmart come into town. She was concerned on the school having the kindergarten class in the Priordale Mall, the reconstruction on Lyons Avenue, the library is too small, and did not feel Mystic Lake Casino was a positive aspect for the City of Prior Lake. Marianne Whiting 14897 Manitou Road, discussed connecting arteries throughout the community, growth should be slower so amenities can catch up to the development, and railroad right -of -way for bike trails. A recess was called at 8:25 P.M. The meeting was reconvened at 8:40 P.M. ITEM 11I -1HF. WILDS The Public Hearing for The Wilds Schematic PUD, Preliminary PUD, Preliminary Plat, and Rezoning, was called to order at 8:40 P.M. The public was in attendance and a sign -up sheet was circulated. Mike Morley, Project Manager for The Wilds Golf Course of 2800 Wilds Parkway, stated the issues that were discussed at the workshop have been addressed and they feel they have been resolved. Mr. Morley introduced Bland Pittman, Land Planner from Pittman-Poe who gave a slide presentation of the land and the plans complied for the project. The reduction in lot size and density has been completed for the residential section. The tree line for Jeffers Ridge was shown with the houses sketched in to show that the roof lines do not protrude over the tree line. The developer is requesting to build the road 24 feet wide on the ridge to minimize the amount of trees to be removed. House styles will be single family estates and lot splits will not be allowed, and a wilderness easement will be implemented to maintain the wild character of the slopes. The project will be 3 to 4 years in completion. The entry will have a water feature and the property owners association will maintain the center islands in the cul -de -sacs. Gary Lampman of Walsh Industries, gave a presentation on the proposed Radisson Hotel, Restaurant, and Clubhouse for the site. The structure will be constructed of stone and redwood to blend with the The Wilds development theme which will be applied throughout the PUD. Horst Graser, Director of Planning, presented the information as per planning report of July 1, 1993. The proposals before the Commission is for a 30 foot height variance for the Radisson Hotel, Schematic PUD, Preliminary PUD, Preliminary Plat, and Rezoning parcels of land from Al to RI, Cl to Rl, Al to B3, and R -1 to PUD. The PUD is an overlay zone which allows the developer to deviate from the code. The land exchange of 280 acres was removed from the existing Urban Service Area and 580 acres was put in. The low density of the 580 acres justified the removal of the 280 acres. The project has been a very involved process with many state agencies being included in the process. The culmination of the planning process should occur in the middle of August. At this point in time, the applicant scheduled for 10:00 p.m. was advised his variance would be heard immediately following the end of the Public Hearing. Bill Rudnicki, Tribal Administrator for the Shakopee Mdewakanton Sioux Community, spoke on three areas of concern to the Community: 1) That the upgrading of County Road 83 will have proper right -of -way on both sides of the road. 2) The housing subdivision planned by the community will have adequate screening from The Wilds maintenance building. 3) The Oaks Lane development corridor have access to the residential units already built. PLANNING CONMUSSION July 1, 1993 Page 2 John O'Loughlin, 2988 Valley View Read, wanted information on the road access and dedication onto County Road 83 and County Road 42. Mr. Graser explained the proposed road construction. Larry Anderson, City Engineer, stated there has been substantial sets of plans prepared by the developer for this project. The transportation plan for County Road 83 has been discussed with Scott County and the Medewakanton Sioux Community. Issues on water quality, water pressure, and placement of sewer lines have been resolved. Bill Mangan, Parks Director, commcaded Mr. Morley and his staff for the excellent job on preparing the park amenities and commented that all items have been met such as park land dedication, trail systems and the preservation of Jeffers Ridge. There is 52% open public space in the project Mark Hyland 14399 Watersedge Trail, expressed his thanks to the City Staff and Mr. Morley for explaining the project and helping with his future development plans. The applicants for the 10:30 variance were advised that they will be heard as soon as possible. Comments from the Commissioners were; concerns on the ridge were addressed very well, tennis courts maintenance, outstanding development, PUD of the highest quality, location of restaurant, no subdivision of ridge lots, and a tree planting program. Bob Hoffman of Larkin, Hoffman, Daly & Lindgren, spoke on PUD definitions and defined contract zoning which is not allowed in Minnesota MOTION BY GREENFIELD, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF ORDINANCE 93 -19 THEREBY AMENDING PRIOR LAKE CITY CODE SECTION 5 -2 -1 AND PRIOR LAKE ZONING ORDINANCE NO.83 -6 SECTION 2.1 TO THE PROPOSED REZONING FROM A -1 AGRICULTURAL AND C -1 CONSERVATION TO R -1, URBAN RESIDENTIAL; REZONING OF APPROXIMATELY 16 ACRES FROM C -1 CONSERVATION TO B -3 GENERAL BUSINESS AND REZONING OF APPROXIMATELY 17 ACRES FROM A -1 AGRICULTURAL TO B -3, GENERAL BUSINESS. RATIONALE BEING THIS IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE RESIDENTIAL PLAN FOR THE PUD. Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 93 -06PC FOR APPROVAL OF THE SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR THE WILDS WITH THE ADDITIONAL CONTINGENCIES; C. THE SCREENING PLAN FOR THE MAINTENANCE SITE AND THE TREE PLANTING PLAN BE DEVELOPED BY THE APPLICANT AND APPROVED BY STAFF FOR FINAL PLAT REVIEW. D. THE WILDERNESS EASEMENT WILL INCLUDE THAT NO REDINISION OF LOTS BE ALLOWED AND THE REDUCTION IN WOODED AREAS BE LIMITED TO REMOVAL OF DEAD TREES ONLY. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. MOTION BY ROSETH, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 93 -07PC FOR APPROVAL OF THE PRELIMINARY PLAT OF THE WILDS. PLANNING COMMISSION July 1, 1993 Page 3 Vote taken signed ayes by Roseth, Greenfield, and Arnold. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, FOR A THIRTY (30) FOOT HEIGHT VARIANCE FOR THE B -3 ZONE LOCATED IN THE CENTER OF THE DEVELOPMENT FOR THE RADISSON HOTEL AND CLUBHOUSE FACILITY. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO CLOSE PUBLIC HEARING. Vote , iken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The Public Hearing was closed at 10:49 p.m A recess was calls,.i at 10:49 p.m. The meeting reconvened at 10:52 p.m ITEM IV - PRIOR LAKE MINI- STORAGE - VARIANCE Bob Worthington, AICP for Sunde Engineering of 9001 Bloomington Freeway, Bloomington, represented the applicant Gary Thomas of 6701 Faricy Lane, Prior Lake, MN. Mr. & Mrs. Thomas are the owners of Ptior Lake Mini- Storage facility and wish to expand by adding additional buildings. The mini - storage business has existed since 1986 and the subject site is located north of County Road 21 and contains a 9.4 acre parcel located north and west of the existing buildings. The applicant is unable to expand on his existing site and wishes to purchase the adjoining property. Mr. Worthington felt the application is consistent with the Comprehensive Plan and should be approved. Deb Garross, Assistant City Planner, presented the information as per planning report of July 1, 1993. The applicant requests the Planning Commission to waive all Subdivision Ordinance requirements, Landscape, Paving, Architectural Materials, and other elements of the Zoning Ordinance and City Code. The subject site is a remnant site which is not a lot of record and is in an I -2, Special Industrial Zoning District. The I -2 district has never been formally divided, no utilities exist and there are no public roads or access to the parcels. By waiving subdivision requirements, the City will forego collection of approximately $6,580 dollars in collector street fees; $7,600 dollars in park dedication fees, $83,100 dollars in storm water fees and other fees associated with the subdivision and development process. Future installation of infrastructure will be difficult due to cost and the potential argument that the mini- storage facility does not "need public utilities ". In effect, the use and location are not the problem but that the development is premature for the area. The recommendation from staff is to deny the application as the expznsion at this point without subdivision is premature and it would not be in the City's best interest. Further development should not occur until the property is subdivided and public infrastructure is provided in order for the City to provide appropriate access for emergency vehicles for the health and safety of the community. The hardship is not caused by provisions of the ordinance and is the result of actions of persons having an interest in the property. Staff believes the requested waiver of the subdivision ordinance is contrary to the Comprehensive Plan, Zoning, and Subdivision Ordinance, so therefor does not meet the variance criteria. Mr. Worthington asked if the property were not subdivided would a variance be needed He would also like the application continued in order to revise the proposal. Gary Thomas, 6701 Faricy Lane, gave a brief description of the facility and its uses PLANNING COMMISSION July 1, 1993 Page 4 Johanna Bang, 6010 East 170th St. Prior Lake, :Bade reference to the past building situations and of public hearings she had not been included in. Comments from the Commissioners were on; •.:iinitions of lot of record and parcel of record, public hearing by Engineering Department, st Eviding the property, premature development, too many issues, applicant created hardship, anr nseaus wa to deny or continue. MOTION BY GREENFIELD, SECOND BY -NOLD, TO CONTINUE THE VARIANCE APPLICATION TO JULY 15, 1993, AT 9:30 PI RATIONALE BEING THERE ARE ISSUES TO BE RESOLVED AND THE VARIANCE REiLJESTED DOES NOT SHOW HARDSHIP. Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED. ITFM V - VALLEY SIGN COMPANY - VARI Al Skaja of 16511 Duluth Avenue, Prior Lake, o , : r of Valley Sign Company, stated they arc requesting a variance to finish construction on a pc wilding. They had started the construcion and didn't know a building permit was required. Tr :usiness is a family business. Deb Garross presented the information as per plannirg report of July 1, 1993. The application is a request to allow a pole building within the R -2- - Jrban Residential Zoning District and to expand a nonconforrung use. The City has not all: -.ved an expansion of non - conforming uses and metal pole buildings are pemdtted in only A -1 ar, C -1 districts. Tom Skaja, 16511 Duluth Avenue, said the sign busi - -ss was grandfathered in and has been a family business since 1969. The surrounding area ;s wetland and heavily wooded so the neighbors cannot see the building. They eventually will have to move to a different location as they are growing. Comments from the Commissioners were; un. rstanding of the situation but the hardship was created by the applicant and the code is very cc_r on the zoning issues. Consenus was to deny the application. MI - TION BY ARNOLD, SECOND BY GREENFIELC, TO DENY THE VARIANCE TO CON;IRUCT A POLE BUILDING AND EXPAND A NON - CONFORMING USE FOR VALLEY SIGN COMPANY AT 16511 DULUTH AVENUE. RATIONALE BEING IT IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN AND ZONING CODE AND HARDSHIP IS CAUSED BY THE APPLICANT. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The applicant was advised of his right to appeal the application to the City Council. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Roseih, and Greenfield. MOTION CARRIED. The meeting adjourned at 12:26 A.M. Tapes of the meeting are on file at City Hall. Horst W Graser Director of Planning Rita M. Schewe Recording Secretary PLAWNG COMbUSSION Jul 1, 1993 ;.g. PRI ®_ ���s.vESc AGENDAITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: DATE: XN AFA13 •::r to I NEIGHBORHOOD PLANNING DISTRICT MEETINGS JAMES HAYES, ASSOCIATE PLANNER YES _X—NO JULY 15, 1993 The third neighborhood district meeting will be structured similar to the meetings of June 17 and July I, 1993. Minor changes will be made to reflect the new districts which will be discussed In addition, the hanging handout file in City Hall has been updated to reflect the new Planning Districts. The following items will be in four separate piles of information on the front table at each meeting. • Thank you letter, Discussion questions, Vision 2010, Community Perspective, (2 total pages, front/back) • Comment sheet, return address, (1 page front/back) • Island View/Northwood Planning District goals and objectives, Planning District map, (1 page front/back, 1 page front only) • Grainwood/Martinson Neighborhood Planning District goals and objectives, Planning District map, (2 pages front only) MEETING FORMAT This item is only scheduled for two hours and efficient use of time is critical. The meeting will start with Horst Graser addressing the audience with some general information. He will make some oi+ening remarks about the community including: size, history, Urban Service Area, regional role, and the meeting format. This section should take about 5 -10 minutes, setting the stage for the remainder of the two hours. At this point, the meeting will be turned over to the audience for their input. Hopefully, there will be a large group so that extensive comments, suggestions, and questions may be entered into the record. The meeting will close with the Commission thanking the audience for attending, and encouraging them to return the comment sheets which were made available at the start of the meeting. Any additional discussion or important information may be added at the Cotmmission's discretion. A :hough the initial meeting was attended by a small group of people, some important topics v, - -re discussed With the publication of The Wavelength, more people will be aware of future meetings. Staff will continue to work with the consultant to ensure that the information obtained fr:im these meetings will become par of the planning process. 4629 Dakota St. S.E. Prior Lake, Mini rota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 A EQUAL OPPORIUMfY EMPLOYER Dear Fellow Residents, The City of Prior Lake Planning Commission would like to introduce ourselves and thank you for attending this special Planning District meeting. We are a voluntary, City appointed, group of local citizens who share with you a deep concern for a prosperous and quality future for our community. We recognize the importance of citizen participation in the early stages of planning. This is necessary in order to create a product that best represents the needs and the will of the people. The City Planting Department has written a draft document that attempts to express our city's goals as a "Vision 2010" and has integrated this into a document of planning called a Comprehensive Plan. Please feel free to read our "Vision" statement and the residential land use development policies and objectives provided for you at the front table. We hope these documents, in addition to the Staff presentation, will help you better understand the future plans and goals for your residential area and our city. At the culminati of the presentation, we encourage you to participate in the discussion period The rest of the meeting is designed with the specific purpose of allowing YOU, the citizens of Prior Lake, the opportunity to participate and contribute to the draft review stages of the Comprehensive Plan. We would &e to ask you, in the interest of time, to phrase your questions in one or two minutes. Be as concise as possible and include some possible suggestions to assist us in facilitating your concerns. On the back side of this letter, you will find some topics for discussion which are important issues to be addressed in the Comprehensive Plan. Please feel free to attend other neighborhood meetings and Comprehensive Plan hearings as the process continues over the next twelve months. Thank you for sharing your valued time and comments with us at this evening's meeting. We welcome both oral and written comments affecting both your neighborhood and the City of Prior Lake as a whole. There is a comment sheet provided for you to express additional concerns that due to time constraints, you may not have had the opportunity to address. Thanks again, for your input in this process. Sincerely, City of Prior Lake Planning Commission 4629 Dakota St. S.E. Prior lake, Mlnnv ota 55372 / Ph (612) 447 -4230 / Fax (612) 4474245 AN EQUAL Oh ORTUNTTY EMPLOYER The City is seeking input to the following questions related to the Comprehensive Flan for the year 2010: • Should the community follow market trends or restrict the market and follow an exclusive development framework? • Should the community invest in and upgrade the existing central business district or develop a second center north of the lake of prior Lake? • Should our neighborhoods consist of multi-use opportunities? (business, high -low density residential, open space, and education). • Should our neighborhoods be comet � ed? • What park opportunities should be incorporated in each neighborhood? If deficiencies exist, where are they or how would you resolve them? • What housing opportunities should be incorporated in the community's neighborhoods? • How should our natural resources be allocated and used in the community's neighborhoods? • How do we plan for and preserve our community's heritage, identity, and sense of place? • Is County Road 21 'The Heart of the City"? • How can Prior Lake's highways be improved? • Should Prior Lake continuo to pursue an industrial base? M "a MIN OMA • r t This Comprehensive Plan has been developed with three concepts: 1) the residential neighborhood is the basic foundation of the community. 2) the lakes, wetlands, steep slopes and other "Natural Environment" areas are the prominent resources that autact people to this community and as such shall serve as the focal point for individual neighborhoods and commercial/industrial districts which, when integrated, form our "community." 3) diversified land uses which include planned commercialfindustrial as well as residential districts are needed to support the tax base, provide employment opportunities and a healthy environment for our residents to live. These concepts provide a valuable reference point for the development policies described within this Comprehensive Plan. Community pride, heritage and sense of place are topics that are often discussed yet cannot be clearly defined in Prior Lake. A common vision, shared by residents, business and visitors to the community must be understood in order to establish a framework to guide future community development. This Plan proposes to create linkages using public park lands, open spaces and natural features to tie existing and future residential developments with the Town Center, the lake of Prior Lake, business districts, schools, churches and C.R. 21 (Waterfront Passage) which is the focal point of the community. The Parks and Open Space system, which will include a comprehensive trail system, will provide the places for residents to meet gather and enjoy the amenities that are unique to Prior Lake. The feeling of "Community" is developed through social interactions that people have with the place in which they live. This Comprehensive Plan seeks to integrate the diverse, individual neighborhoods and business clusters to create one community, integrated by pedestrian ways and natural features in an environment that reduces citizens need to use automobiles. The most critical link is the C.R. 21 Corridor which is referred to as Waterfront Passage and Grainwood Crossings in this Plan. This Corridor is centrally located and includes significant pieces of the community's history, heritage, natural features and culture. It bisects the community and is the central artery where the community comes together and east meets west and north travels south. The ridge line of the Jeffer's property is connected to the midpoint where upper and lower Prior Lakes are joined Boat traffic, fishermen, pedestrians and vehicles utilize this crossing today as well as in the past, where the Grainwood Hotel and Rail Road were once the focal point of the community. This Corridor provides a cultural as well as physical link to the Shakopee Mdewakanton Sioux Community, by passing Reservation lands. The Town Center and Lakefront Park area are linked to the lakes, Cleary Lake Regional Park, and ultimately to the Bloomington Ferry Bridge Crossing which will connect Prior Lake to the Metropolitan Area. All development within the community can be linked in some manner, to the elements that comprise this vital passage. Through careful development of Grainwood Crossings, Waterfront Passage and related pedestrian links, the people of Prior Lake will come to know, understand and support these common spaces and adopt these as links of the past and as the base of their "Community's" future. A sense of place will develop through time if this opportunity is properly developed Prior Lake is, and always has been a recreation oriented community and people love to walk, bike, sit and talk about its amenities. Proper development and Sinks to this passage will lead to a successful business climate and help create sense of community. The identity of Prior Lake is its heritage, culture, and landscape that are unique to this community. This plan proposes to build on these fact ors, incorporate titem into all future development and re- establish the identity and pride of the community on the elements that have existed here all along. The community of Prior Lake can be described as a place that provides "Urban Living with a Touch of Country." ' he heart and essence of the community are the neighborhoods which are identified by the abundant lakes, waterways, woodlands and natural areas throughout the City. Prior Lake has developed a community where residents can enjoy a living environment that is closely tied to natural and recreational amenities and yet provides a full array of urban services. Prior Lake is a community of 11,400 people and is located in northern Scott County approximately twenty-five miles from Minneapolis and SL Paul. The city is part of the seven-county metropolitan area and enjoys all of the advantages and convenience of living near the Twin Cities. Prior Lake is bounded on the northwest by Shakopee, on the northeast by Savage, and on the south by Spring Lake and Credit River Townships. Prior Lake has a unique cultural history whi- is shared with the Shakopee Mdewakanton Sioux Community (SMSC). The SMSC Reservati. in properties consist of approximately 580 acres, and are located in the northwest quadrant of the City. The Sioux Community is pursuing intense commercial and residential development which impacts Prior Lake. All of the Reservation properties are located in the Rural Service Area of Prior Lake. A construction and maintenance agreement for sewer services exists between the SMSC and the City. The intense land use of the SMSC Reservation properties is a drastic change from the adjacent rural land uses permitted by the City. The City seeks to improve relations with the SMSC in order to address land use issues relevant to both governments. The City of Prior Lake also recognizes the unique historical and cultural opportunities that could be shared with the SMSC. The City is currently exploring the possibility of joint economic development ventures with the SMSC. It is essential that both governments continue to pursue historical and cultural events. Future development should be designed to enhance historical, cultural and unique environmental elements that exist within the City. Prior Lake contains approximately 16 square miles of land area. Residents of Prior Lake have a wide choice of housing opportunities ranging from the single family detached home to apartments. The City has placed a high degree of importance on providing quality development whether it be in the residential or commercial and industrial areas. Lake recreation is a focal point in and around Prior Lake. Seasonal activities attract the residents and nearby neighbors to our community. The community has experienced dramatic changes during its history. The influence of the Native American Culture is prevalent within the community where artifacts and sacred grounds are reported to exist The railroad and early lake resorts, such as the Grainwood Hotel have also influenced history and land development patterns within the community. This Comprehensive Plan is dedicated to enhancement of the community's unique heritage, history and abundant natural resources through their incorporation into fume commercial, residential and recreational development within Prior Lake. The character of the City has changed from a rural resort atmosphere to a suburban community over the past two decades. The population of the community has increased 36 percent since the 1980 Census and the 1990 Census reports a population of 11,443 people. Prior Lake developed its first comprehensive plan in 1973. In response to the passage of the Land Planning Act of 1976 and changing character of the City, the Year 2000 Comprehensive Plan was adopted in 1981. As Prior Lake proceeds into the upcoming decades, the City must again reassess growth and development issues, and establish community development goals and policies to guide growth through the year 2010. \ \��V N g c0�� We regret the time constraints which may have not provided you with ample opportunity to express oral comments about your neighborhood. We welcome any written comments which will be incorporated into the notes from the meeting on July 15, 1993. Please attach the appropriate postage and return to City Hall. Thanks again for you input in this process. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOP'N EMPLOYER •PPM PpBT�9E M!R[ City of Prior Lake Planning Department 4629 Dakota St. SE Prior Lake, MN 55372 sAPM I LANT_D VIEW/NORTIIWOOD Neigh This Planning District fronts along the northwest side of upper Prior Lake and is bordered on the north , east by County Roads 82 and 21 respectively. The western boundary includes a small portion of Spring Lake Regional Park, the western corporate limits of Prior Lake, and a combination of ridges and marshes that separate existing urban development from agricultural land to the west. The lands that form this District were acquired through mid 1970's annexation and consolidation processes involving pare of Spring Lake and Eagle Creek Townships. As such, much of the development within the Northwood neighborhood was subdivided and built according to the standards of a previous government. Many structures are grandfathered as legal -non conforming uses and are substandard in terms of their setbacks and sometimes use of the property. The inconsistency between the application of new standards, existing development patterns, and old plats will continue to make redevelopment efforts within this District a challenge. Although this District contains considerable lake frontage, there are no public access points to Prior Lake. A recent channel excavation of Crystal Cove, financed by a neighborhood association, will assure lakeshore access for homes platted along the bay. Two neighborhood accesses are provided within Island View 5th Addition to serve that neighborhood. For this reason it is essential that public access be provided to Arctic Lake. The Parks and Open Space System indicates a trail system through the northwest part of this Planning District following steep slopes and the north shore of the lake. Island View Park is shown to be augmented with additional lands to the north, south and to be connected with the lake and provide better public access to the park. The park plan shows a generous amount of land surrounding the entire lake as public. It is not likely that this can be realized through the park dedication requirement of the Subdivision Ordinance. However, it is essential that there be significant public access to this lake. The access may take the form of a trail system surrounding the lake with a neighborhood or community park system along the east and north shores of the lake. There is a need to provide another neighborhood park in the southern portion of the Planning District to augment the services available in Island View Park. The marina and limited medium density townhomes, located on Grainwood Peninsula are an important feature within this District. However, due to its location, the peninsula is for all practical purposes separate from the rest of the Island View/Northwood Planning District. Development of the peninsula is discussed in detail under the Grainwood Crossings and Waterfront Passage concepts of the draft Comprehensive Plan. This Planning District has a substantial expansion potential to the west which is limited only by the feasibility of extending urban services. The current population of 860 residents could easily double bringing the neighborhood to a total of 1700 when completely built. If it expands westward to the County Park and northward to County Road 82, considerable neighborhood preplanning will be needed to assure that Island View Park has better public access and that neighborhood circulation patterns enhance the capacity of Northwood Road to handle through traffic. Northwood Road, Fremont Avenue and C.R. 82 serve as the transportation route through this Planning District. All efforts should be made in the future improvement of Northwood Road to create a safe traffic route for the District A trail and sidewalk should be provided along the entire length of Northwood Read in addition to the City wide trail system that will link this District to Spring Lake Regional Paris and the Waterfront Passage area. The City must carefully evaluate design options for Northwood Road in order to build a facility that enhances the neighborhood. Hundreds of homes have direct access to Northwood Road which is also the primary nordVsouth connector street for the District. Curvelinear street design enhanced by significant landscaping and neighborhood entry monuments should be considered with upgrade of Northwood Road to insure that traffic will respect the residential value of the adjacent neighborhoods. New development adjacent to C.R. 82 must be sensitive to the relationship of single family homes to the County Highway. As such, mitigative measures such as berms, dense landscaping, deep lots with greater setbacks should LX , hjectives for any development project DISTRICT OBJECTIVES: 1. Provide internal sidewalks and trails to line neighborhoods of this District to Spring Lake Regional Park, C.R.82 and Waterfront Passage trail systems. 2. Provide public lake access in the fora of park land and extensive trails around the perimeter of the lake located adjacent to Arctic Circle. 3. Augment Island View Park through the addition of park lands when adjacent properties develop. 4. Provide a second neighborhood park in the southern portion of the District that is accessible to residents of Spring Lake/ Willows as well as Island View/Northwood residents. 5. Improve Northwood Road, being sensitive to design and neighborhood concerns. A sidewalk and bike path should be constructed along the entire length of Northwood Road to take advantage of lake views and close proximity of Prior Lake. 6. Insure that future development adjacent to C.R.82 incorporates mitigative measures to decrease negative impacts of the County Road traffic on residential development within the District. GRAINWOOD/MARTINSQN Neiehborh_o9d_1?tannir i This relatively small planning area contains some of the oldest as well as some of the newest residential development in Prior Lake. Its boundaries on the east and south are the lake of Prior Lake whereas C.R. 21 provides its western Limits. The north side is = nclosed by a topographic break with ponding areas which follow Raspberry Woods Park. This park is envisioned as one segment of a neighborhood trail that will link all major public facilities on the north side of the lake. Raspberry Ridge Park on the other hand, incorporates some active recreation space including a softba!1 field and recreation equipment with a poriding area and woodland adjoining Lord's Street. The last land to be developed will include subsequent phases of the Raspberr,� Ridge subdivision. The early plats were developed at densities substantially higher than contemporary development but their impact on neighborhood development is relatively minor due to the small land area involved. When fully developed this Planning District will include fewer than 1000 inhabitants. Housing is generally in good condition but interior neighborhood traffic circulation is poor. To get from one part of the Planning District to another residents must use County Road 21. Access to the lake is confined to individual and association lots which front on the lake. This Planning Distri ^t is rich in history being the site of the original Gtainwood Hotel. The Wagon Bridge and rail road were predominant features within this District. As such, it is important that some recognition of this history be restored within the District, perhaps in the form of monuments, view platforms and other displays which educate citizens of the historical significance of this area to the community. This Planning District once contained a substantial segment of abandoned rail road right -of -way that had been identified as a public trail con for within the 2000 Comprehensive Plan. Unfortunately, the rail right -of -way was never acquired ;y the City and has been subsequently sold to private, adjacent landowners. The corridor would have provided a much needed pedestrian circulation system within the District Funue redevelopment efforts should be concentrated to improve pedestrian and vehicular traffic throughout the District. There are no park facilities within the Grainwood neighborhood therefore, it is paramount that a good link be provided to Waterfront Passage/Grainwood Crossings from this District. The public park facility on the south shore accompanied by a public marina would greatly enhance the public facilities available to this part of the community. The possibilities for incorporation of significant historical features within this District are great and if done properly could greatly enhance the Spirit of Community and Sense of Place concepts that this Comprehensive Plan seeks to attain. DISTRICT OBJECTIVES The extension of Manitou Road to Beach Street should be reviewed to determine the merits of providing a Lakeshore drive within the community. This would help accomplish public view and access opportunities for residents of Prior Lake. In addition, such a drive• would enhance the "spirit of community" and "sense of place' characteristics that are a primary objective of this Comprehensive Plan. In the event that it is not possible to provide a lakeshore drive utilizing these roads, a primary objective of any future development along the North Shore should include the platting of other local roads in a manner that provides maximum view opportunities of the lake, ?. The City should study and develop a series of historical markers or features within this District to emphasize its rich heritage and incorporating elements of the Gtainwood Hotel, Wagon Bridge and rail road that were predominant features of the communities Past 3. Future redevelopment efforts should be concentrated to improve internal pedestrian and vehicular circulation within the District r PIKE LAKE •' -- I NORTH SHORE JEFFENS ALL RUHAL AREAS GRAINWOODIMARTINSON . ..A's /^A ISLAND VIEW/N 117000' \I 1 LAKEFRONT 74-1— RIVE AWKS 7 ^_ SPRING LAKEIWILLOWS' u% SOUTH OAKWOOD MApKLEV u P � y rv.vESO� AGENDA ITEM: SUBJECT. PRESENTER: PUBLIC HEARING DATE: 3 WATERFRONT PASSAGE BUSINESS PARK PRELIMINARY PLAT AND REZONING HORST W. GRASER R YES —NO JULY 15, 1993 INTRODUCTION: The City of Prior Lake is the applicant for preliminary plat and rezoning for Waterfront Passage Business Park preliminary plat and rezoning. In 1989 the City of Prior Lake, through the Economic Development Committee (EDC), Consultants, and Planning Commission adopted land use strategy for the implementation of business /office park(s) in Prior Lake. Prior Lake has purchased 33 of the 126.53 acre subject site for a business park and 6.7 acres west of Fish Point Road for a fire station. The remainder of the plat will be delineated as oudots and retained by the Adelman Estate. In 1991 the Economic Development Committee recommended the City create an Economic Development Authority (EDA) to assist with the creation of a business park. The EDC recommended that the first park be located in southeast Prior Lake in what is now referred to as the Waterfront Passage Business Park. Future locations are to the north and west of the City and should be initiated within the next five years. The EDC and City Staff has worked with the EDA, Planning Commission, and the City Council to pursue this direction. BACKGROUND: The EDC and City staff have worked on several major stages to create the business office park. Following the 1989 study of sites and the selection of the southern site as the initial development, the City Council appointed a task force of three people including: Councilmember John Fitzgerald, EDC Chairperson Bob Barsness, and past City Manager David Unmacht to negotiate the property purchase. The site selected is currently the Adelman Estate. With the assistance of Jim Hill Jr. and Roger Guenette, the EDC and the Task Force prepared a profama that indicated a positive net investment on the site. Property negotiations have occurred over the last tow years, and approximately a week and a half ago the City of Prior Lake was notified that they are now the owners for contract for deed of 33 acres of the Adeleman Estate. City Staff, Planning Commission, and the EDC developed standards for the Business Park which were recently adopted by the City Council. Currently City Staf- is negotiating with one business to locate in the park. A final proposal is anticipated in the near'- --iture. SITE CHARACTERISTICS: The existing site contains 126.53 acres of R -1 and C -1 zoned land. The physiography consists of gently rolling to flat land, meadows, wetlands, some woodlands in the eastern comer and fallow fields. A small knob in the northwest corner of the site contains the abandoned Adelman farm 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 AN EQUAL OPPORNNRY EWL0YE11 site consisting of a bam, various buildings, and a farm house Blind Lake in the west central part of the site is classified a general development lake. The shoreland development district extends 1000 feet beyond the shores of the lake. Soil borings taken in 1991 and 1992 indicate a perched water table through much of the parcel, especially near the center. Wetlands of this area of the City were delineated by the Scott Soil and Water Conservation District in March 1992. Two of these wetlands, with a total area of about 2.1 acres, are completely contained in this parcel. A ditch through the middle of the parcel, which in past years has been maintained by the farmer, provided sufficient drainage to allow farming in these wetlands during dryer years. Because of the disturbance to these wetlands over the years, characteristics of these wetlands are not typical wetlands left "untouched ". CUMPKEHENSIVE PLAN CONSISTENCY, The land us-- plan of the Comprehensive Plan delineates three land use categories for the site. The easterly two fifths of the site is industrial. The central and west central area is. conservation and the remaining land is low density residential. The zoning map is not consistent with land use plan fur the industrial and conservation designation. The proposed industrial rezoning would make the land use plan consistent with the zoning map for the industrial land use designation. However, the conservation district which reflects the natural open space designation is proposed to be eliminated and rezoned to industrial. The principle reason for the request is the natural open space and conservation district do not accurately reflect actual physical conditions. Both the natural open space land use designation and C -1 zone are generalized and contain developable land. Wetlands are protected by the Wetlands Conservation Act and other laws which require accurate delineation. The C -1 zone does not and cannot pntect important physical features. The protection of natural resources must be incorporated in th, subdivision or other ordinances that will prohibit the disturbance of natural features either before or after platting. DEVELOPMENT PROPOSAL The City is proposing to plat the entire 126.53 acres as Waterfront Passage Addition. The 33 acres purchased by the City is proposed to be platted into two lots containing a total of 22 developable acres. Prior Lake will replat these two large lots to suit development proposals. The minimum lot size however is one acre. Lot size flexibility will will help marketability and provide easy arrangements for prospective users. Prior Lake has also purchased 6.7 acres directly southwest of County Road 21 and Fish Point Road for a future fire station. This acreage will be platted as a lot. City staff has developed a concept development plan for the remainder of the land west of Fish Point Road for purposes of easement and property line coordination. The concept plan is not a legal component of the platting process and will not obtain any vested rights as part of this preliminary platting process. The City is proposing to install street, sanitary sewer service, water service, and storm sewer to the site. an existing water stub near Blind Lake Trail will be extended to and through the proposed development, with sufficient capacity to serve the current industrial park in future. The nearest available sanitary sewer is north, near the City's Maintenance facility north of County Road 112. This connection will provide sewer service to the proposed development, and will have enough capacity to serve additional areas to the west, south, and east of this development Because of drainage problems that currently exist on the site, the City is proposing to help the drainage situation by lowering the existing wetland situated in the middle of the site. The City is also proposing to create ponding areas that will be used to separate sediment from storm sewer runoff. By utilizing these detention basins, the proposed wetlands will be protected from direct discharges from the storm sewer proposed for the site. The final development will consist of two wetlands with a total area of about 2.2 acres, in addition to two detention basins with a cambined area of about 1.0 acre. ALTERNATIVES, Ia. Recommend to the City Council approval of Ordinance No.93 -21 rezoning portions of the plat to l -1 and R -1 as described above. b. Recommend to the City Council appi val of the Preliminary Plat of Waterfront Passage Addition (Resolution 93- 09PC). 2. Continue the public hearings for further or missing information. 3. Deny the zoning changes or preliminary plat. Alternative number 1. P R Nf i RESOLUTION 93 -09PC RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSii" N ESTABLISHING FINDINGS OF FACTS AND CONDITIONS TO APPROVAL OF T4F PRELIMINARY PLAT OF WATERFRONT PASSAGE ADDITION. MOTION BY SECONDED BY WHEREAS, the Prior Lake Planning Commission conducted a Public Hearing on the 15th day of July, 1993, to act on an application for Preliminary Plat for Waterfront Passage Addition; and WHEREAS, notice of the hearing on said motion has been duly published and posted in accordance with the applicable Minnesota Statutes; and WHEREAS, the Planning Commission found the plat of VF`a+erfront Passage Addition consistent with the Comprehensive Plan and compliant with the Prior Lake Subdivision and Zoning Ordinances. NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING COMMISSION TO APPROVE THE PRELIMINARY PLAT OF WATERFRONT PASSAGE ADDITION. Passed and adopted this 15th day of July, 1993. YES NO Roseth Roseth Arnold Arnold Greenfield Greenfield Loftus Loftus Horst W. Graser Director of Planning City of Prior Lake 4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 447 -4245 AN EQUAL OPPORN EMPIDYEa CITY OF PRIOR LAKE ORDINANCE NO. 93-21 AN ORDINANCE AMENDING PRIOR LAKE CrrY CODE SEC"ON 5 -2 -1 AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6. - 1Tle CoilnCii Of Ih u d dilly , ' r uin - - i..aiic dues e,creby Ordain: The Prior Lake Zoning Map, referred to in the Prior Lake City Code Section 5 -2 -1 and Prior LakeZoning Ordinance No. 83 -6 Section 2.1, is hereby amended to change the zoning classifications of the following legally described property: LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM R -1, URBAN RESIDENTIAL TO I.I. SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of said Section tying southwesterly of the southwesterly right-oi -way line of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad, easterly and northerly of the following described line: Commencing at the southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south lime of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the line to be described; thence North 00 degrees 10 minutes 44 seconds East a distance of 890.00 feet; thence South 75 degrees 06 minutes 59 seconds West a distance of 741.54 feet; thence North 24 degrees 12 minutes 44 seconds West a distance of 130.00 feet; thence along a tangential curve concave to the northeast having a radius of 540.00 feel a central angle of 45 degrees 29 minutes 20 seconds an arc length of 428.72 feel; thence North 13 degrees 45 rrdmdes 04 seconds East rat tangent to said curve a distance of 55.39 feet; thence North 31 degrees 43 minutes 15 seconds East a distance of 155.36 feet to the southwesterly dghtof -way line of said now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad and there terminating. And lying westerly of the following described line: Commencing at the southwest corner of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said Southeast Quarter a distance of 320.00 feet to the point of beginning of the line to be described; thence North 00 degrees 33 minutes 21 seconds East a distance of 173.80 feet; thence North 27 degrees 08 minutes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 minutes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 feet; thence North 38 degrees 26 minutes 33 seconds East a distance of 50.99 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 150.00 feet to the southwesterly rightoi -way of said now abandoned Chicago, Milwaukee. St. Paul and Pacific Railroad and there terminatirvd. (Containing 20.71 acres.) UNN That pan of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: Commencing at the southwest comer of said Southeast Quarter•, thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south One of said Southeast Quarter a distance of 320.00 feet to the point of beginning of the land to be described; thence North 00 degrees 33 minutes 21 seconds East a distance of 173.80 feet; thence North 27 degrees 08 mirsltes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 minutes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 fast; theme Nortri 38 degrees 26 minutes 33 seconds East a distance of 50.% feet; thence North 27 degrees 07 mtnuIv. 57 seconds East a distance of 150.00 feet to the southwesterly rightof -way of the now abarxlo, - cod i;hipg0, Milwaukee, St. Paul and Pacific Railroad; thence South 62 degrees 52 minutes 03 seconds East along said southwesterly right-of-way line to its intersection with the south line of said Southeast Quarter; thence westerly along said south line 1651.78 feet to the point of beginning. (Containing 12.635 acres.) LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM C-1, CONSERVATION TO I.I. SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described ray i. ws: Commencing at the southeast comer of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south line of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 49 minutes 16 seconds West along said south line a distance of 615.00 feet; thence North 00 degrees 10 minutes 44 seconds East a distance of 375.00 feet; thence along a tangential curve concave to the west having a radius of 460.00 feet a central angle of 24 degrees 23 minutes 33 seconds an arc length of 195.64 feet; thence North 24 degrees 12 minutes 44 seconds West tangent to said curve a distance of 145.29 feet; thence North 75 degrees 06 minutes 59 seconds East a distance of 741.54 feet to the Intersection with a line drawn North 00 degrees 10 minutes 44 seconds East from the point of beginning; thence South 00 degrees 10 minutes 44 seconds West a distance of 890.00 feet to the point of beginning. (Containing 11.70 acres.) LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM R•1, URBAN RESIDENTIAL TO 41, SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of said Section tying southwesterly of the southwesterly right -of -way line of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad, easterly and northerly of the following described line: Commencing at the southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south line of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the line to be described; thence North 00 degrees 10 minutes 44 seconds East a distance of 890.00 feet; thence South 75 degrees 06 minutes 59 seconds West a distance of 741.54 feet; thence North 24 degrees 12 minutes 44 seconds West a distance of 130.00 feet; thence along a tangential curve concave to the northeast having a radius of 540.00 feet a central angle of 45 degrees 29 minutes 20 seconds an arc length of 428.72 feet; thence North 13 degrees 45 minutes 04 seconds East not tangent to said curve a distance of 55.39 feet; thence North 31 degrees 43 minutes 15 seconds East a distance of 155.36 feet to the southwesterly fight-of-way line of said now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad and there terminating. And lying westerly of the fc!' ::, rig described line: Commencing at the southwest comer of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said Southeast Quarter a distance of 320.00 feet to the point of beginning of the line to be described; thence North 00 degrees 33 minutes 21 seconds East a distance of 173.80 feet; thence North 27 degrees 08 minutes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 minutes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 feet; thence North 38 degrees 26 minutes 33 seconds East a distance of 50.99 feet; thence North 27 degrees 07 minutes 57 seconds Fast a distance of 150.00 feet to the southwesterly right-of-way of said now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad and there terminating. (Containing 20.71 acres.) r.1 That part of the Southeast Quarter of Section 1, Township 11 Range 22, Scott County, Minnesota described as follows: Commencing at the southwest comer of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said Southeast Quarter a distance of 320.00 feet to the point of beginning of the land to be described; thence North 00 degrees 33 rrdmAes 21 seconds East a distance of 173.80 feet; thence North 27 degrees 08 minutes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 minutes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 loot; thence North 38 degrees 26 minutes 33 seconds East a distance of 50.99 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 150.00 feet to the southwesterly right-of-way of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 62 degrees 52 minutes 03 seconds East along said southwesterly right line to Its Intersection with the south line of said Southeast Quarter; thence westerly along said south line 1651.78 feet to the point of beginning. ( Containing 12.635 acres.) LEGAL DESCRIPTION OF PROPERTY TO of REZONED FROIL9 C�1, CONSERVATION TO 1.1, SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: Commencing at the southeast comer of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south line of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 49 minutes 16 seconds West along said south line a distance of 615.00 feet; thence North 00 degrees 10 minutes 44 seconds East a distance of 375.00 feet; thence along a tangential curve concave to the west having a radius of 460.00 feet a central angle of 24 degrees 23 minutes 33 seconds an arc length of 195.84 feet; thence North 24 degrees 12 minutes 44 seconds West tangent to said curve a distance of 145.29 feet; thence North 75 degrees 06 minutes 59 seconds East a distance of 741.54 feet to the Intersection with a line drawn North 00 degrees 10 minutes 44 seconds East from the point of beginning; thence South 00 degrees 10 minutes 44 seconds West a distance of 890.00 feet to the point of beginning. (Containing 11.70 acres.) This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of , 1993. ATTEST: City Manager Mayor Published in the Prior Lake A"rican on the day of , 1993. Drafted By: Locomen Nelson Law Firm 1800 IDS tinter 80 South Eighth Street Minneapolis, MN 55402 M �97 °eS4,tilY` NOTICE OF PUBLIC HEARING TO CONSIDER THE SUBDIVISION OF WATERFRONT PASSAGE BUSINESS PARK You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E. on Thursday, July 15, 1993 at 8:30 p.m. The purpose of the public hearing is to consider the subdivision of the following legally described property: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of said Section lying southerly of the southerly line of the plat of BORGERDING'S 2ND ADD'N and southwesterly of the southwesterly right- of-way fine of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad. (Containing 126.53 acres.) If you desire to be heard in reference to this matter, you should attend this healing. The Planning Commission will accept oral and or written comments. it you have questions regarding this mater, contact the Prior Lake / Planning Department at 447 -4230. D eb Garross Assistant City Planner To be published in the Prior Lake American on Saturday, July 3, and 10, 1993. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fez (612) 447 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY FOR WATERFRONT PASSAGE BUSINESS PARK You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E. on Thursday, July 15, 1993 at 8:30 p.m. The purpose of the public hearing is to consider rezoning the following legally described property as described: LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM R -1, URBAN RESIDENTIAL TO 41, SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of said Section lying southwesterly of the southwesterly right-of-way line of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad, easterly and northerly of the following described line: Commencing at the southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south line of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the line to be described; thence North 00 degrees 10 minutes 44 seconds East a distance of 890.00 feet; thence South 75 degrees 06 minutes 59 seconds West a distance of 741.54 feet; thence North 24 degrees 12 minutes 44 seconds West a distance of 130.00 feet; thence along a tangential curve concave to the northeast having a radius of 540.00 feet a central angle of 45 degrees 29 minutes 20 seconds an arc length of 428.72 feet; thence North 13 degrees 45 minutes 04 seconds East not tangent to said curve a distance of 55.39 feet; thence North 31 degrees 43 minutes 15 seconds East a distance of 155.36 feet to the southwesterly right-of-way line of said now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad and there terminating. And lying westerly of the following described line: Commencing at the southwest comer of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said Southeast Quarter a distance of 320.00 feet to the point of beginning of the line to be described; thence North 00 degrees 33 minutes 21 seconds East a distance of 173.80 feet; thence North 27 degrees 08 minutes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 minutes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 feet; thence North 38 degrees 26 minutes 33 seconds East a distance of 50.99 feet; thence North 27 degrees 07 minutes 57 seconds Fast a distance of 150.00 feet to the southwesterly right-of-way of said now abandoned Chicago, Milwaukee, St- Paul and Pacific Railroad and there terminating. (Containing 20.71 acres.) AND That part of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows: Commencing at the southwest corner of said Southeast Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the south line of said Southeast Quarter a distance of 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 AN EQUAL OPPORrUMTY EMPLOYER 320.00 ;set to the point of beginning of the land to be descrbed; thence North 00 degrees 33 Minutes 21 seconds East a distance of 173.80 feet; the, North 27 degrees 06 minutes 02 seconds East a distance of 153.56 feet; thence South 62 degrees 52 Miraaes 03 seconds East a distance of 105.00 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 230.00 feet; thence North 38 degrees 26 minutes 33 seconds East a distance of 50.99 feet; thence North 27 degrees 07 minutes 57 seconds East a distance of 150.00 feet to the southwesterly right-of-way of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 62 degrees 52 minutes 03 setwrds East along said southwesterly right -of -way line to its intersection with the south line of said Southeast Quarter; thence westerly along said south line 1651.78 feet to the point of beginning. (Containing 12.635 acres.) LEGAL DESCRIPTION OF PROPERTY TO BE REZONED FROM C-1, CONSERVAMN TO F1, SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott Cc y, Minnesota described as follows: Commencing at the southeast comer of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 16 seconds West along the south line of said Southwest Quarter a distance of 115.00 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 49 minutes 16 seconds West along said south line a distance of 615.00 feet; thence North 00 degrees 10 minutes 44 seconds East a distance of 375.00 feet; thence along a tangentlal curve cxhcave to the west having a radius of 460.00 feet a central angle of 24 degrees 23 minutes 33 seconds an arc length of 195.84 feet; thence North 24 degrees 12 Mraaes 44 seconds West tangent to said curve a distance of 145.29 feet; thence North 75 degrees 06 minutes 59 seconds East a distance of 741.54 feet to the intersection with a line drawn North 00 degrees 10 minutes 44 seconds East from the point of beginning; thence South 00 degrees 10 minutes 44 seconds West a distance of 890.00 feet to the point of begiMnI g. (Containing 11.70 acres.) If you desire to be heard in reference to this mater, you should attend this hearing. The Planning Commission will accept oral and or written comments. N you have questioro regarding this mater, contact the Prior Lake Planning Department at 447 -4230. l�uc�t -ems Deb Ganoss Assistant City Planner To be published in the Prior Lake American on Saturday, July 3, and 10, 1993 R.1dMNYW R}T(X 1y�y Ji _ W11ERFltdIi I.VSILF RVSME£4 MRR � M = r' teasm .1 flESON1IF WP V3fRNPMI N145Yf @filE55 MM( 4 x Ly s —J SP/ PLANNING REPORT AGENDA ITEM: 3 SUBJECT: CONSIDER VARIANCE APPLICATION FOR COOPERATIVE POWER ASSOCIATION. PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: _ YES -2L NO DATE: JULY 15, 1993 The purpose of this item is to consider a variance application for Cooperative Power Association, 14615 Lone Oak Road, Eden Prairie. MN 55344. Specifically, the applicant requests the Planning Commission to grant a 30' height variance to permit 65' power transmission poles to be located along pan of the west corporate limits of Prior Lake. The Zoning Ordinance restricts height of structures to 35'. The variance is requested in order to serve the western quadrant of the City with sufficient electric power. The applicant provided sufficient information that details the need for installation of the power lines and the method used to determine its location. See attached application for detailed discussion. City staff met with representatives of Cooperative Power to assist in identifying a location and to advise them of the variance process required to deviate from the maximum height standard of the Zoning Ordinance. There is a need to construct a new substation and lines in order to provide sufficient power to the northwest quadrant of Prior Lake. Development of the Shakopee Mdewakanton Sioux Community and proposed development associated with the Wilds has generated the need for additional electric service. The proposed location of the power tine, follows the corporate boundaries of Prior Lake and Shakopee, and the SMSC Trust lands. 1. Approve the height variance as requested. 2. Table or continue the item for further information. Alternative 1. A motion to approve a 30' height variance in order to locate 65' power line transmission poles in the alignment proposed. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. There is a need for additional power in the northwest quadrant of the City to accommodate existing and future development. Denial of the variance would result in hardship to affected property owners it that electric service would be insufficient. 2. Such unnecessary hardship results because of circumstances unique to the property. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 M EQUAL OPPORIUM FNIPfAYEa The Zoning Ordinance does not include provisions for electric utility limes. The poles proposed are of dimension required to meet industry standards and provide consistent service opportunities. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The hardship in this case is caused by the Zoning Ordinance which does not adequately address height standards for electric service tines. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The variance requested will allow the installation of power poles to provide needed electric service to the northwest part of the City. The variance observes the intent of the Ordinance and would not be contrary to the public interest. VkU--LS_ PuM# CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicannt• Cooperative Power Association Home Phone- 937 -8594 Address: 14615 Iona flak Road Eden Pra;r;u mn � Work Phone: Property Amer:_ Some Phone: Address: Work Phone: Type of Ownership: Fee Contract Purchase Agreement Consultant/Contractor:— Phone: Existing Use of property: Agricultural Legal Description of Variance Site: see ma Variance Requested: Zoning: Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? Yes __ L _ M what was requested: When: Disposition: Describe the type of improvements proposed: 115 kV electrical transmission line to connect new Eagle Creek substation to an existing transmission tine_ MB MISSION RFXZO FLY& TS (A)Completed application form. (B)Filing fee. (C)Property Survey indicating the proposed development in relation to property lines and/or ordinary - high - water mark; proposed building elevations and drainage plan. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (PI:D) . (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIUAED BY THE PLAMM WMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. �� Y FJ /IeLxFA Aw.� Applicants Si afore Submitted this Yay of 19_ Fee Owners Signature THIS SPACE IS TO BE FILLED OUT BY THE PLANNING Y • "I • • Y• • •d P, , JI P, CONDITIONS:_ Signature of the Planning Director Date EA CREEK SUBSTATION SUMMARY With the rapid growth of the; Shakopee Mdewakanton Sioux Community gaming facilities, the Prior Lake & Savage area residential construction, including large developments such as The Wilds, there is a need to provide additional electrical transformation and distribution facilities. The Eagle Creek Substation has been found to be the best economical and reliable solution to serve these new loads. The substation is also being designed so as to have the flexibility to serve the needs of western Prior Lake including the Mdewakanton Sioux community well into the future. Due to the rapid construction of the Mystic Lake casino expansion and the pending Wilds /Radisson development, this substation is required to be completed by June 1, 1994. It must be available to serve this new electrical load over the peak loads of summer 1994. II. SUBSTATION NEED The primary supply of electrical power to the western Prior Lake area comes from the Prior Lake Substation, located near the intersections of Cnty Rd. 42 and Hwy. 13 and the Merriam Junction substation, located along Hwy. 169. The increasing loads and the long distance from these substations makes it increasingly difficult to reliably serve the western Prior Lake area from these substations. The western Prior Lake area is in effect on the end of the line for each of the substations mentioned. Placing a substation near Mystic Lake Casino would provide a source central to the power demands in the western Prior Lake area and provide a more reliable source to the loads located there. It would minimize the need to construct additional distribution lines, from these substations into the area. III. SUBSTATION P LAN Minnesota Valley Electric Cooperative and Cooperative Power Association (CPA) plan to construct a 115 -12.5 kilovolt substation just: west of the present Mystic Lake Casino. This substation will be energized by interconnecting with Northern States Power's (NSP) 115 -kV transmission line which is presently runs north of cnty. rd. 92. There will be a tap line running from the substation to NSP's line. Minnesota Valley will be in charge of constructing the substation and Cooperative Power will be responsible for the transmission line. Construction is scheduled to begin in September 1993 for the substation, with transmission work to begin later in the fall. This construction time table is very important to allow completion by June 1, 1993. IV. LOCATING THE SUBSTATION Many options were reviewed prior to choosing the present site for locating the substation. During the review process the following constraints were considered and contributed to the choice of the present location. - Provide a site near Mystic Lake Casino - Site the substation near the intersection of Cnty Rd 83 and 82. - Minimize the length of the transmission line - Eliminate any transmission lines on Cnty Rd. 83. due to future road construction plans. Any transmission lines built on this road would need to be rebuilt within a few years due to road construction. - Minimizes the impact of the transmission on land owners. - Have compatible land use with adjacent land. - Ensure the site has proper access for vehicles and distribution feeder exits. During the process several sites in the area were considered. The process involved discussions with Horst Graser of the City of Prior Lake Planning Department, Brad Larson of the Scott Co. Highway Department, Mike Morley and Gaylen Allen of The Wilds development and Bill Rudnicki of the Mdewakanton Sioux Community. The effects of the different sites versus the present location was discussed. The present site represented the best fit with the criteria. The present site also represents a excellent location which minimizes the impact upon the environment and has very compatible land use with the surrounding area. The property description of the site choosen is described as follows; The north 200 feet of the west 300 feet of section 33, Township 115N., Range 22W. Scott County, Minnesota. V. SUBSTATION DESIGN The design of the substation is called a low profile substation. This provides for the least visual impact of the substation on the viewer that still provides a safe working environment for the utility worker. The substation is a 115kV to 12.47kV electrical distribution substation. It will have the capacity to provide 12 � of electricity. That is enough to serve over 4500 homes. nn tially the Mystic Lake casino's and other Mdewakanton Community facilities will utilize around 6MVA of this capacity. This w be ruffly 758 of the initial substation loading. The substation is being designed for expansion, which would provide for the doubling of the capacity from the facility. Attached you will find drawings showing the construction details. VI. CONSTRUCTION SCHEDULE The substation is scheduled for completion May 1, 1994. It is very important that this substation be complete before the heavy summer loads in 1994. Initial grading is planned to take place during the fall of 1994. VII. CONTACTS For further information or questions please contact the following; Craig Turner System Engineer Minnesota Valley Electric Cooperative 20425 Johnson Memorial Drive P.O.BOx 125 Jordan, Minnesota (612) 492 -8204 COOPERATIVE POWERIMINNESOTA VALLEY EAGL CREEK 115 THOUSAND VCg kv) LINE p 2 miles long _ THE NEED: Continued growth In electrical usage in the northern pan of Scott County has required Minnesota Valley PROPOSED nskv Electric Cooperative (MVEC) to schedule construction of a new TYPICAL STRUCTURE distribution substation (named Eagle Creek) In 199. The specific area Iles northwest of the Prior Lake and Spring Lake After the necessary approvals by the Commissioners the co- bodies of water that In effect divide this portion of service >-°' u+PPOxauTE territory from existing substations which lie south and oast of DIAMETER AT the lakes' area. This area can no longer be supplied by long (I-- ^a TOPOr 12.5 kV feeder lines from the substations to the south and east POLE 6 rr as has been done while thA density of electrical usage was r lower. THE PLAN: Minnesota Valley Electric Cooperative (MVEC) • -r plans to build the new Eagle Creek substation next to the west line of NW 1l4 Section 33, Township 115 N, Range 22W as northerly as possible. They plan to lease the substation land on a long term basis from the Shakopee Mdewakantan Sioux Community. In order to supply bulk power to the new substation, Cooperative Power, the wholesale power supplier to MVEC, needs to build 2 miles of 115 kV transmission line connecting the new substation to an existing 115 kV transmission line 1/2 mile north of County Road 42. W _ THE LINE: The 115 kV transmission fine will be bulb using single shaft steel pole, (Conan) which Is a natural rust Color, with an average span of 400 feet. There will be no guy or ArPROMTE anchors. BLMER01 ATTHE SCHEDULE: The Planning and Zoning office of the cities of osOUNceaa Prior Lake and Shakopee will be notifying all effected a W landowners of Conditional Use and Variance applications hearings. There are three public hearings necessary for the T� approval of the substation and transmission line. They are as follows: ,r T r City of Prior Lake- Conditional Use for substation 1 -- City of Prior lake - Variance for transmission line ' City of Shakopee - Conditional Use for transmission line single sass a" pole After the necessary approvals by the Commissioners the co- Average Height of Pole cps will be Calling on affected landowners to acquire ss row easements to build the transmission line. Construction Is planned for the spring of 1994 and In service the Summer of 1994. If you have any questions regarding this project, please contact either: Bill McGoldrick Cooperative Power 14615 Lone Oak Road Eden Prairie, Minnesota 55344 -2287 (612) 949.1534 Dlwct (612) 9374599 Mel Hentges Minnesota Valley Electric Cooperative 20425 Johnson Memorial Drive Jordan, Minnesota 55352 (612) 492 -6240 Direct (612) 492 -2313 Cooperative Power (CP) Is a non - profit generation and transmission Cooperative supplying power to 17 rural electric cooperatives In west - central and southern Minnesota. Min"Sota Valley Electric Cooperative is one of these cooperatives. (OVER) THE ROUTE: Jointly, the co-ops have carefully studied the area, and have proposed a route having the least Impact on the least number of landowners. The entire line will be built on the section line so shown on the map. VAIWW NOTICE OF HEARING FOR HEIGHT VARIANCE You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Date: THURSDAY, JULY 15,1993 Time: 9:00 P.M. APPLICANT-. Cooperative Power Association. 14615 Lone Oak Road, Palen Prairie, MN 55344 SUBJECT SITE: The West line of the South 1 /2 of Section 21, Township 115, Range 22, and the West line of Section 28, Township 115, Range 22, Scott County, Minnesota. See attached legal description and map for reference. REQUEST: The request is for a 30' height variance in order to install 65' tall, 115 kV Electrical Transmission Poles. The Prior Lake Zoning Ordinance specifies that no structure may exceed 35' in height above average ground level, unless approved by the Planning Commission. The applicant proposes to locate the Power lines and poles as per attached maps. In order to install the poles as proposed, the applicant requests the Prior Lake Planning Commission to grant a 30' height variance. If you are interested in this issue, you should attend the hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447 -4230 between the hours of 8:00 am. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: July 8, 1993 4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORNNrrY rMPUNFR