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HomeMy WebLinkAbout10B CR 42 Interim Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: March 11, 2013 AGENDA #: 10B PREPARED BY: Frank Boyles, City Manager Dan Rogness, Community and Economic Development Director PRESENTED Dan Rogness BY: AGENDA ITEM: Consider Approval of 1) an Interim Ordinance to Prohibit Development of Properties Currently Abutting CR 42; 2) A Resolution Authorizing a Study; and 3) A Resolution Approving an Ordinance Summary and Publication DISCUSSION: Introduction The purpose of this agenda item is to determine if the City Council desires to temporarily prohibit the development of undeveloped and unplatted properties presently abutting CR 42 within the City of Prior Lake until a study can be com- pleted to evaluate future development and access plans. History Pursuant to Minnesota Statutes, the City submitted and received Metropolitan Council approval for its 2030 Comprehensive Plan in 2006. Since adoption of the Comprehensive Plan, numerous changes have taken place. Some of the chang- es were contemplated in the plan, but their impact was not contemplated. In other instances, the changes were not contemplated whatsoever. Changes near the CR 42 corridor include:  Acquisition of Pike Lake Park by the City.  Construction and opening of CR 21.  Acquisition of property by SMSC, including the YMCA property (80 acres) and North Berens Drive property (75 acres).  Completion of SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake.  Preliminary platting and plat expiration of Summit Preserve.  Development of the Shepherd’s Path property.  Dramatic and perhaps permanent reduction in development activity in the residential, commercial and industrial sectors (locally, regionally, and na- tionally). Current Circumstances Individually and collectively, the above events will have an impact upon the City’s 2030 Comprehensive Plan. Numerous plan revisions may be necessary in order for the plan to remain a vital and accurate document to perform its statutorily pre- scribed function. For example, the completion of CR 21 creates a new southbound gateway into Prior Lake at its intersection with CR 42. In this gateway, properties presently considered residential may be re-guided for commercial or industrial develop- ment. North Berens Road, a new roadway with a perpendicular intersection to new CR 21 north of CR 42, is to provide access to properties in this vicinity. However, the 75-acre parcel upon which North Berens Road is to be constructed was recently purchased by the SMSC. It is, at present, unclear what impact the purchase of this property by the SMSC will have on the ultimate construction of North Berens Road. The type and spacing of access points along CR 42 has not been formally deter- mined by Scott County. Additional information is needed to make such a deter- mination. This information is critical to the successful development of the property that is currently undeveloped and unplatted along the corridor. The purchase of 44 acres of Pike Lake park property by the City coupled with the SMSC acquisi- tion of the immediately adjacent 80-acre YMCA property could also impact traffic patterns and roadway needs in the County Road 42 area. A market study completed by McComb in 2004 was the basis for the City’s 2030 Comprehensive Plan commercial, industrial and residential land inventories in Prior Lake, including along CR 42. Since then, the city had Maxfield complete a commercial/industrial demand analysis in 2011 with different results from McComb. Changes in the economy have undoubtedly changed earlier projections which are not as of yet reflected in the comprehensive plan. The failure of Sum- mit Preserve at CR 18 and CR 42 is an example of that economic condition. Therefore, land use classifications identified in 2006 for the 2030 Comprehensive Plan may already need re-evaluation. Conclusion Undeveloped and unplatted parcels of land along CR 42 are some of the City’s single largest repository of commercial /industrial land. Before proceeding with development on these parcels, the Council should consider the appropriateness of adopting an interim ordinance to provide the opportunity for a study to be con- ducted to assure the land is properly guided and ultimately developed. ISSUES: Minnesota Statutes Section 462.355, subd. 4 allows the City to adopt an interim ordinance which, “may regulate, restrict or prohibit any use development, or sub- division within the jurisdiction or portion thereof for a period not to exceed one year from the date it is effective.” Interim ordinances may be extended for up to 18 months subject to certain procedural steps. The attached ordinance prepared by the city attorney’s office prohibits the devel- opment of any undeveloped and unplatted parcel which abuts CR 42 on the date of ordinance adoption. The remainder of the property in the city would be unaf- fected. The rationale for this restriction is to allow sufficient time to study the in- fluence, if any, of the various events earlier identified and answer the questions posed above. The attached graphic identifies the parcels which would be affect- ed by the interim ordinance. Also enclosed is a resolution authorizing summary publication of the interim ordinance for city council consideration. FINANCIAL IM-A study of this nature will be necessary before the city council adopts the 2040 Comprehensive Plan. However, it seems imprudent to wait to complete the study 2 PACT: until after various properties along County Road 42 develop. Instead, to get the greatest impact from the study, it should be done now when it will have the least impact (owing to a relatively inactive commercial/industrial market) and ultimately the most impact when those parcels do eventually develop. The cost of the study is estimated at $50,000 if accomplished exclusively by an outside expert. Funding for the study would be drawn from the General Fund re- serve. The staff will be analyzing the extent to which the study can be done in house, whether portions of the study can be parsed out and the extent to which , if any such action would interfere with ongoing work or negatively impact the quality of the study. ALTERNATIVES: 1. Motion and second to adopt the interim ordinance prohibiting development of undeveloped and unplatted properties currently abutting CR 42 as submitted or with amendments. 2. Motion and second to adopt a resolution authorizing a study. 3. Motion and second to adopt a resolution approving the summary of the inter- im ordinance and ordering publication. 4. Take no action and provide the staff with direction. RECOMMENDED Alternatives 1, 2 and 3. MOTION: ATTACHMENTS: 1. Resolution Authorizing Study 2. Interim Ordinance 3. Resolution Approving Summary and Publication 4. Maps of Affected Properties Abutting CR 42 3 O � PRIp !: � U trj 4646 Dakota Street SE `�INNESO`�� Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE COMPREHENSIVE PLAN AND CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO PROPERTY ABUTTING HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS UNPLATTED AND UNDEVELOPED Motion By: Second By: WHEREAS, the City of Prior Lake has adopted a Comprehensive Plan which guides long term property uses throughout the City. The property abutting Highway 42 has been guided for a mix of residential, commercial and industrial uses. WHEREAS, the City of Prior Lake has adopted a Zoning Code and Subdivision Code in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. � (4) Limit congestion in the public rights - of - way. ' (5) Prevent over crowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off - street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. WHEREAS, the City Council concludes that the public health, safety, and welfare and sound planning may be affected by the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped; WHEREAS, the City Council has determined that the City's current Comprehensive Plan, zoning and subdivision regulations do not adequately address the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped due to changes within the City and on Highway 42 that were not anticipated by the City including: • City acquisition of Pike Lake Park. • Construction and opening of CR 21. • Availability of additional land along CR 21 corridor for commercial purposes. • Acquisition of the YMCA property (80 acres) and North Berens Drive property (75 acres) by the Shakopee Mdewakanton Sioux Community. • Completion of SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake. • Preliminary platting and plat expiration of Summit Preserve. • Development proposal of the Shepherd property. • Dramatic and perhaps permanent reduction in economic development activity in the residential, commercial and industrial sectors locally, in the metropolitan area and in the region. WHEREAS, the City Council deems it necessary, due to the unanticipated changes and in furtherance of the public good, to authorize a study to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped. This study will include analysis and master planning for the Highway 42 corridor, analysis of commercial and industrial property within the City and abutting Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments will be reviewed by the Planning Commission and City Council. WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any building permits, or zoning or subdivision approvals during the pendency of the study and the various public hearings preceding possible adoption amendments to the Comprehensive Plan, and zoning and subdivision regulations. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: The City Council hereby authorizes a study to be conducted to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped due to the unanticipated changes in the City. The study shall include analysis and master planning for the Highway 42 corridor, analysis of commercial and industrial property within the City and abutting Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments shall be reviewed by the Planning Commission and City Council. PASSED AND ADOPTED THIS 11 DAY OF MARCH 2O13. YES NO Hedber Hedber Keene Keene Souku Souku Morton Morton McGuire McGuire Frank Boyles, City Manager 2 O � PRIp � � V � 4646 Dakota Street SE Prior Lake, MN 55372 � CITY OF PRIOR LAKE ORDINANCE NO. 113-XX AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ALL DEVELOPMENT AND SUBDIVISION OF PROPERTY ABUTTING HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS UNPLATTED AND UNDEVELOPED; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Purpose. The City of Prior Lake ("City") has adopted a Comprehensive Plan which guides long term property uses throughout the City. The property abutting Highway 42 has been guided for a mix of residential, commercial and industrial uses. The City of Prior Lake also regulates zoning and subdivision of property within the City in order to: (1) Protect the residential, business, industrial and public areas of the community and maintain their stability. � (2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. (3) Provide adequate light, air and convenient access to property. (4) Limit congestion in the public rights - of - way. (5) Prevent over crowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. (7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. (8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. (9) Enhance the aesthetic character and appearance of the City. (10) Conserve natural resources and environmental assets of the community. (11) Provide adequate off - street parking and loading facilities. (12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. (13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. The City Council finds that the City's current Comprehensive Plan, zoning and subdivision regulations do not adequately address the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped due to changes within the City and on Highway 42 that were not anticipated by the City including: • City acquisition of Pike Lake Park. • Construction and opening of CR 21. • Availability of additional land along CR 21 corridor for commercial purposes. • Acquisition of the YMCA property (80 acres) and North Berens Drive property (75 acres) by the Shakopee Mdewakanton Sioux Community. • Completion of SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake. • Preliminary platting and plat expiration of Summit Preserve. • Development proposal of the Shepherd property. • Dramatic and perhaps permanent reduction in economic development activity in the residential, commercial and industrial sectors locally, in the metropolitan area and in the region. The City Council finds that the City must conduct a study to determine what amendments to the Comprehensive Plan and the City Code will be required to deal effectively with such development and subdivision. This study will include analysis and master planning for the Highway 42 corridor, analysis of commercial and industrial property within the City and abutting Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and � sound planning require that a moratorium be imposed on the approval of any permits for development or subdivision of property abutting Highway 42 within the City of Prior Lake that is unplatted and undeveloped during the pendency of the study and the various public hearings preceding possible adoption amendments to the Comprehensive Plan, and zoning and subdivision regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped due to the unanticipated changes in the City. This study will include analysis and master planning for the Highway 42 corridor, analysis of commercial and industrial property within the City and abutting Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law and will develop recommendations as to appropriate 2 Comprehensive Plan and ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 4. Study Area. This Interim Ordinance shall apply to all property abutting Highway 42 within the City of Prior Lake that is unplatted and undeveloped as of the Effective Date of this Interim Ordinance as identified on Exhibit A, attached hereto and incorporated herein. Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of one year (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no development or subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped as of the Effective Date of this Ordinance. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not appty to any permits or approvals that were approved or granted by City staff or the City Council prior to the Effective Date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law or city ordinances Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. 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 , 2013. ATTEST: Frank Boyles, City Manager Kenneth Hedberg, Mayor Published in the Prior Lake American on the day of , 2013. 3 O � PRIp� ti U tr� 4646 Dakota Street SE �INNES�� Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 113- AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, Ordinance No. 113- was adopted and ordered published at a regular meeting of the City Council of the City of Prior Lake held on the day of , 2013. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. Ordinance No 113- is lengthy. 2. The text of the summary of Ordinance No. 113- , attached hereto as Exhibit A, conforms to Minn. Stat. Section 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. I 3. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 4. A printed copy fo the Ordinance shatl be made available for inspection by any person duing regular office hours at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. 5. Ordinance No. 113- shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. PASSED AND ADOPTED THIS 11 DAY OF MARCH 2O13. YES NO Hedber Hedber Keene Keene Souku Souku Morton Morton McGuire McGuire Frank Boyles, City Manager EXHIBIT A SUMMARY OF ORDINANCE No. 113- AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ALL DEVELOPMENT AND SUBDIVISION OF PROPERTY ABUTTING HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS UNPLATTED AND UNDEVELOPED; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, HEREBY ORDAINS: Summarv: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that as of the Effective Date of this Ordinance and for a period of twelve months from the Effective Date of this Interim Ordinance there shall be no no development or subdivision of property abutting Highway 42 in the City of Prior Lake that is unplatted and undeveloped as of the Effective Date of this Ordinance. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. Passed by the City Council of the City of Prior Lake this 11 day of March 2013. ATTEST: Frank Boyles, City Manager Kenneth Hedberg, Mayor Published in the Prior Lake American on the 16 day of March 2013. 2