HomeMy WebLinkAbout8A - Wilds North Zoning Chg.
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
8A
Donald Rye,Planning Director
Consider Approval of Resolution 95-97 Authorizing a
Comprehensive Plan amendment from Agricultural to
Commercial, a Municipal Urban Service Area expansion
and land trade and Ordinance 95-15 Authorizing a zoning
change from A-1,Agricultural to B-1,Limited Business for
Wilds North(RKB,lnc.) at the southeast corner of County
Roads 42 and 83.
October 16,1995
The applicant,RKB,lnc., has applied to amend the
Comprehensive Plan land use designation on the subject
property from Agricultural to Commercial, extend the Municipal
Urban Service Area(MUSA) to include the property and to
change the zoning designation from A-1, Agricultural to 8-
1, Limited Business. The Planning Commission considered this
request on August 25 and September 25 and directed
preparaton of a resolution of approval of the applicant's
request. This resolution was approved at the Commission's
October 9 meeting.
The staff reports to the Planning Commission raised several
concerns over the request, including the following:
. The degree to which the request was consistent with goals
and policies of the Comprehensive Plan
. Proper land use mix
. Financial implications of the land trade and infrastructure
improvements
. Road access
. Development timing
16200 ~%e. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The staff report for August 28 arrived at the following
conclusions:
. The general land use designation of Commercial seems to
be appropriate for the site, although review of the site in
relation to adjacent properties may result in a more
desirable land use pattern.
. The use of the site for traffic-oriented land uses may be
compromised by the access which the County is willing to
approve.
. The City should not incur infrastructure costs as part of this
land use change nor should it lose special assessments.
. The Planning Commission must determine if the proposed
development is premature or if it can be accommodated
within the framework of Comprehensive Plan policies.
. Further review of specific development proposals will be
necessary .
. The deferred assessments on the property to be taken out
of the MUSA should be paid off before the request is
approved.
ISSUES:
The Metropolitan Council is requiring the applicant to do a two
for one land trade because the property in the MUSA today is
zoned residential while the property to be brought in is
proposed to be zoned commercial. Because of the greater
sewage flows from commercial properties, more residential
property is required to balance the commercial. As a result, 40
acres of residential land must be removed from the MUSA.
The 40 acres in question is located on the north shore of Prior
Lake and is owned by the Vierling family. The applicant has an
agreement with the Vierlings wherein they agree to the removal
of their land from the MUSA with the proviso that it be added
back into the MUSA in the 2010 Plan.
The 40 acres in question carries deferred special assessments
for sanitary sewer improvements made when sewer was
extended around the north shore of the lake in 1986. These
assessments total $410,636.94 at present. Because the
property is in Green Acres status, the assessments cannot be
collected from the owner. If the 40 acres is removed from the
MUSA, these special assessments would no longer sustain
special benefits because the property could not be developed.
If this property is removed from the MUSA, this would delay the
eventual repayment even further into the future because the
development timeline would be pushed back.
The Planning Commission recognizes this in its
recommendation and suggests that the City should not incur
infrastructure costs resulting from this proposal and the
deferred assessments on the Vierling property should be paid
off as a condition of approval of this request.
WILDSNOR.OOC
The staff reports took the position that the B-1 District as it
exists does not provide a suitable level of development
standards for this area nor does it adequately provide for the
land use mix which staff feels should be located on this site.
The recommendation was that the zoning change be deferred
to allow for the development of a zoning approach to this site
which allowed for a greater degree of City control over site
development compared to what is provided in the B-1 district.
Ideally, a PUD approach should be used. The Planning
Commission disagreed with this"approach but staff still believes
this is a more desirable approach to the development of this
site.
ALTERNATIVES: The City Council has 4 alternatives:
1.Approve the plan amendment , MUSA change and zoning
change as recommended by the Planning Commission.
2.Deny the request for plan amendment,MUSA change and
zoning change.
3.Approve the plan amendment, defer action on the MUSA
extension and direct staff to recommend the best zoning
approach to the site.
4. Other action as determined and directed by the City Council.
RECOMMENDATION: The Planning Commission recommendation is Alternative 1.
The staff recommendation is Alternative 3.
ACTION REQUIRED: If Alternative 1 is followed, the action required is to approve the
attached resolution and ordinance.
If Alternative 2 is followed, the Council should direct
preparation of a resolution of denial with findings
If Alternative 3 is followed, the Council should adopt the
attached resolution subject to an amendment which deletes the
MUSA extension and direct staff to determine and recommend
the best zoning approach to the parcel to the City Council.
A Comprehensive P n amendment requires the approval
of two-thirds of th City Council members.
WILDSNOR.DOC
RESOLUTION 95-97
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO AMEND THE
LAND USE MAP OF THE YEAR 2000 COMPREHENSIVE PLAN AND TO
AUTHORIZE AN ADJUSTMENT TO THE MUNICIPAL URBAN SERVICE
AREA
MOTION BY: SECOND BY:
WHEREAS, The Planning Commission held a public hearing on August 28 and
September 25,1995 to consider the request of RKB,Inc. to amend the
land use map of the Year 2000 Comprehensive Plan to change the land
use designation of the property legally described in the attached Exhibit
A from"Agricultural" to "Commercial", to include the above -
referenced property within the Municipal Urban Service Area and to
remove the property legally described in the attached Exhibit B from
the Municipal Urban Service Area, and
WHEREAS, notice of the public hearing before the Planning Commission was duly
published and posted in accordance with the applicable Minnesota
statutes; and
WHEREAS, the Planning Commission passed a resolution recommending approval
of the request; and
WHEREAS, the Planning Commission found that the overall proposal was
consistent with Comprehensive Plan policies; and
WHEREAS, the City Council has duly considered the staff reports, meeting minutes
and Planning Commission resolution which constitute the record of
decision of this matter.
16200 ~~~R%e. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
".......-._,~_...-"---=-_.,--'"~~-_-..----""'~,~-~----~
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it should and hereby does approve the Comprehensive Plan Amendment to
change the designation of the aforementioned property from Agricultural to Commercial
and further amends the Municipal Urban Service Area by adding the property described
in Exhibit A and deleting the property described in Exhibit B, subject to the approval of
the Metropolitan Council.
BE IT FURTHER RESOLVED that this resolution shall take full force and effect upon
payment to the City of $410,636.94 in deferred speci~l assessments currently levied
against the property described in Exhibit B. "
BE IT FURTHER RESOLVED that the approval of this amendment shall not cause the
City of Prior Lake to incur any costs for streets, utilities or any other public infrastructure
associated with the development of the subject property.
Passed and adopted this 16th day of October , 1995.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Schenck Schenck
Scott Scott
{Seal} City Manager
City of Prior Lake
WILDSNOR.DOC
Legal Description of Parcel A:
That part of :he ~orth Half of the Northeast Quarter of Section 28. To\\nship 115. Range 22.
Scott County. :-.linnesota. described as follows:
B~ginning at the Northwest corner of the East 872.80 feet of 5~id North HCllf of the
~orthe:lst Quarter~ thence on an assumed bearing South 00 degrees 25 minutes 35
seconds 'vVest, along the West line of said East 872.80 feet, a di5mnce of 187.87 feet:
thence Southwesterly, a distance of 244.50 feet. along a tangentia: curve concave to the
~orth\\"est having a control angle of 94 degrees 54 minutes 23 sc':onds and a radius of
147.6: feet; thence South 61 degrees 19 minutes 21 seconds \\"est, not tangent to last
described curve, a distance of 43 .80 feet; thence South 86 degrees :9 minutes 41 seconds
'vV' est. a distance of 549.10 feet; thence South 00 degrees 33m in utes 34 seconds East, a
distance of 219.50 feet; thence South 64 degrees 38 minutes 03 seconds West, a distance
of 70:.-1.5 feet to the East line of the West 378.70 feet of said Nor:h Half of the Northeast
Quarter: thence South 00 degrees 00 minutes 03 seconds East Jlong said East line. a
distance of 408.34 feet. to the South line of said ~orth Half of :he Northeast Quarter,
thence ~orth 89 degrees 47 minutes 10 seconds West. along saie South line, a distance
of 1-0.00 feet, to the East line of the West 208.70 feet of said North Half of the
~ortheast Quarter: thence North 00 degrees 00 minutes 03 secones \Vest, along said East
line or the W'~st 108.70 feet, a distance of 208.70 feet. to the \"orth line of the South
208.~0 feet of said North half of the Northeast Quarter: thence ~orth 89 degrees 47
minutes 10 seconds West. along said North line of the South 208.70 feet. a distance of
108. -:-0 feet. to the West line of said North Half of the ~ortheast Quarter: thence North
00 degrees 00 minutes 03 seconds West, along said 'vVest line. a cistance of 1119.15 feet
to the ~orth line of said North Half of the Northeast Quarter: the::ce South 89 degrees 36
minmes 20 seconds East. along the North line of said North Half of the Northeast
Quar:e:-. a distance of 1760.56 feet. to the point of beginning. (CJntaining 19.5 acres of
land').
Or more commonly described as 19.5 acres of vacant land located southe1.5~ of the intersection of
CR. 42 and 8~.
Exhibit A
Resolution 95-97
Legal Description of Parcel B:
The North ~o acres of Government Lot 2, Section 26, Township 115. Range 22, Scott County,
rvIinnesota. (Containing 40 acres of land).
Or more commonly described as part of a 54 acre, vacant tract of land owned by Leo Vierling
and located adjacent to the shore of Prior Lake, east of the subdivision of Carriage Hills, west of
the subdh"ision of Knob Hill and south of Carriage Hills ~arkway. Tne subject site is the north
40 acres of land located adjacent to Carriage Hills Parkway.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matte:-. .:ontact the Prior Lake Planning Department at '+47-4230.
Exhibit B
Resolution 95-97
CITY OF PRIOR LAKE
ORDINANCE NO. 95-15
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND
PRIOR LAKE ZONING ORDINANCE NO. 83-6, SECTION 2.1.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning Map referred to in Prior Lake City Code 5-2-1 and prior Lake
Zoning Ordinance 83-6, Section 2.1, is hereby amended to change the zoning
classification of the following legally described property from A-I, Agricultural to B-
1,Limited Business.
LEGAL DESCRIPTION:See attached Exhibit A.
This ordinance. shall become effective from and after its passage and
publication.Publication of this ordinance shall not occur until the Metropolitan Council
has approved the Comprehensive Plan amendment for Wilds North (Planning Department
Case File CP95-01.)
Passed by the City Council of the City of Prior Lake this sixteenth day of
October ,1995.
ATTEST:
City Manager:
Mayor:
Drafted by:
City of Prior Lake Planning Department
16200 Eagle Creek Ave. SE
Prior Lake,MN. 55372-1714
16200 ~R%e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Legal Descri ption of Parcel A:
That part of :1:-: \forth Half of the Northeast Quarter of Section 23. TO'.\r1ship 11:5. Range 22.
Scott C ounr:.. ). 1 innesota. described as follo\.vs:
Beginning at the Northwest corner of the East 872.30 feet of 5~id North Half of the
~orth~:lst Quarter; thence on an assumed bearing South 00 j~grees 25 minutes 35
seconds '}lest~ along the West line of said East 872.80 feet. a c:Si:ance of 187.87 feet:
thence Southwesterlv. a distance of 244.50 feet. alon2: a tan2:enri::.: :urve concave to the
~ - -
~orth\\"est having a control angle of 94 degrees 54 minutes 2.3 5~'.:onds and a radius of
l..l7.6: feet: thence South 61 degrees 19 minutes 21 'seconds \\" ~st. not tangent to last
described curve, a distance of 43 .80 feet; thence South 36 degrees :9 minutes 41 seconds
\Vest. a distance of549.10 feet; thence South 00 degrees 33 minutes 34 seconds East, a
distance of219.50 feet: thence South 64 degrees 38 minutes 03 se':onds West. a distance
of -:-O:...J.5 feet to the East line of the \Vest J 78. 70 feet of said ~or::-: Half of the Northeast
Quar:~r: thence South 00 degrees 00 minutes 03 se':onds EJ.sc 2.iong said East line. a
distar.ce of 408..34 feet. to the South line of said ~orth Half or :he \Iortheast Quarter,
thence ~orth 89 degrees 47 minutes 10 seconds \Vest. along saie South 1 ine, a distance
of 1-0.00 feet. to the East line of the West 208.70 feet of said ~orth Half of the
~or.:he:lsi: Quarter: thence ~orth 00 degrees 00 minutes 03 se':oncs '.Vest. :.llong said E:.lst
line or the \\lest 208.70 feet, a distance of 208.70 feet. to the ~<orth line of the South
:08. -:-0 feet of said North half of the Northeast Quarter: thence ~orth 89 degrees 47
m inut~s 10 seconds IV./ est. along said "North line of the South 208. -:-0 feet. :.l distance of
208. -:-0 feet. to the West line of said North Half of the ~ortheas~ Quarter: thence North
00 degrees 00 minutes 03 seconds \Vest. along said \Vest line. a -iistance of 1119.15 feet
ro rhe ~orth line of said North Half of the Northeast Quarter: the::ce South 89 degrees 36
m inmes 20 seconds East. along the North line of said North Half of the Northeast
Quar::r. a distance of 1760.56 feet. to the point of beginning. (CJnmining 19.5 acres of
land),
Or more commonly described as 19.5 acres of vacant land located southe::.5~ of the intersection of
CR. 42 and 8~.
Exhibit A
Ordinance 95-15
Document2
STAFF REPORT FROM THE AUGUST 28, 1995
PLANNING COMMISSION MEETING
PAGE I
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
2
PUBLIC HEARING TO CONSIDER AMENDMENTS TO
THE LAND USE A1~D PUBLIC UTILITY SECTIONS OF
THE COMPREHENSIVE PLA1~, A MUSA EXTENSION
SITE: Southeast corner of county roads 42 and 83
PRESENTER: Donald Rye, Planning Director
PUBLIC HEARING: Yes
DATE: August 28, 1995
INTRODUCTION:
The applicant, RKB Inc. has applied to amend the Comprehensive Plan land use
designation on the subject property from Agricultural to Commercial, extend the
Municipal Urban Service Area (lVIUSA) to include the subject property and to
change the zoning designation from A-I, Agricultural to B-1, Limited Business. The
subject property is a parcel of land located at the southeast corner of the
intersection of County Roads 42 and 83 and having an area of 19.5 acres. lVlaterial
submitted in support of the application shows potential land uses to include a
gasoline service station, fast food restaurants, grocery store, hardware store, banks
and dry cleaning. The land use mix is indicated as being conceptual in nature. The
applicant has indicated that the first phase of the development will consist of a
gasoline station and fast food restaurant.
SITE PHYSICAL CHARACTERISTICS:
. Sci.ls The soils on the site consist primarily of Hayden loams with slopes ranging
from 20/0 to 180/0. There are two areas of Glencoe and Webster-Glencoe soils, one in
the northwest corner of the site and one in the south central portion of the site. The
Hayden soils are generally well-drained with good bearing capacities while the
Glencoe and Webster soils are poorly drained, typically have a high clay content and
present severe constraints for development. The applicant has indicated that these
soils are to be treated as wetlands in the overall development plan for the site and that
these areas total approximately 8 acres in area.
. Topography The low point of the site is in the northwest comer of the site
immediately adjacent to the intersection. The property rises steadily to the south along
County Road 83 to the high point on the site which is approximately 50 feet above the
1620'fj~g~~CCreek Ave.. Prior Lake. Minnesota 55272-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPOR11"::\ITY ::~.1PLO'r"SR
low point. To the east. the property is rolling and includes one of the wetlands
mentioned above.
. Ve~etation Most of the property has been used as cropland or pasture in the past and~
as a result. the only trees on the site of any significance are associated with the
farmstead located on the site. The remainder of the site is covered with assorted
grasses , shrubs and other low growth.
. Wetlands As noted, there are two wetland areas on the property. At present, the
applicant plans to preserve these wetlands rather than filling them and instituting the
mitigation process.
ACCESS:
The site is bounded on the north by County Road 42 and on the west by County Road 83.
Wilds Drive abuts the property on the south. The site has 1 ~ 119 feet of frontage on
County Road 83 and 1,750 feet of frontage on County Road '+2.
MUSA POLICY:
At present. the NIUSA boundary abuts the property to the south which lies within the
Wilds development. ~[etropolitan Council policy regarding y[USA extensions states that
MUSA extensions \vill only be considered under limited circumstances. Specifically, they
will allow extensions only if the City has used up the developable land \vithin the rv-lUSA
limits ill if land currently within the NIUSA is traded out to allo\v the other land to be
brought in to the NIUSA. The applicant has submitted an agreement with a property
owner within the ylUSA wherein the property owner has agreed to allo\v 40 acres of his
land to be transferred out of the MUSA to allow the applicants property to be included.
The land trade in this case is not one acre for one acre as the Nletropolitan Council has
indicated that commercial land generates more sewage flows per acre than does
residential land and. as a result. such a trade must be made on a n.vo acre for one acre
basis.
COMPREHE~SIVE PLAN GOALS AND OBJECTIVES:
Current Plan
There are several policies in the current Comprehensive Plan which are relevant to the
proposal. These are as follows:
1. Policy 13- Major capital investments shall be reviewed closely each year to eliminate
the possibility that utilities will be extended in advance of actual need.
2. Policy 14- The City is committed to a policy of staged growth and will manage the
extension of utilities in areas which already include public services.
3. Policy 2, page 44- In an effort to minimize unused capacity of existing utility
systems~ new development shall be encouraged to occur in "skipped over" areas.
Proposed Comprehensive Plan
The draft Comprehensive Plan currently being reviewed by the Planning Commission
contains a number of Objectives and Policies which relate to the proposal. These are as
follows:
WllOC? DOC
P-\GE !
]'
· Economic Vitality-Objective 2 is to encourage a diversified economic base and a
broad range of employment opportunities. Policy a. is to encourage a mixture of and
diversity of industrial and commercial land uses that will remain comparatively stable
under changing economic conditions. Policy c. states that services provided by the
City should be within the fiscal and financial capability of the City, including the
prudent use of debt.
· Objective 3 is to promote sound land use. Policy c. states that industrial and
commercial land uses should be located in planned areas. Policy e. states that
industrial and commercial areas should interface with the community rather than be
developed solely to capture vehicular traffic traveling through the City. Policy f.
states that new development should contribute to the function and success of the
adjacent neighborhoods and the community.
Security- Objective 2 is to provide a rational tranSItIon for compliance with new
standards when a change in ordinance or land use classitication is necessary. Policy c. is
to discourage and/or prohibit the following:
1. "Spot" guiding and zoning with disregard for adopted standards and criteria, to satisfy
special interests.
2. Reguiding or rezoning of land uses in unserviced and/or future development areas
when adequate zoned land is available in serviced areas of the City.
3. Urban development beyond existing utility service areas.
· Access- Objective 1 is to provide for an effective and diversified transportation
system to achieve quick and convenient access between the City, airport and rural
Minnesota. Policy n. states that a trail system should be developed in a manner that
provides access within and among neighborhoods. business districts. schools,
churches and parks. and which promotes pedestrian and non-motorized vehicle safety
near high volume roadways.
· Objective 2 is to maintain orderly development of, and access to, utilities. Policy b. is
to extend utilities only to areas contiguous with existing utility service boundaries, in
accordance with approved growth and capital improvement plans.
All of the above policies and objectives have some bearing on the request being
considered. The degree to which the proposed development complies with these policies
and objectives will be discussed below in the Analysis section of this report.
COUNTY POLICIES:
The primary County policy which will apply here is the policy related to access spacing
on County roads. The draft County Transportation Plan calls for a minimum separation of
one-half mile between road accesses to a County road and discourages individual
property access to the road. While these are indicated as being guidelines, the County
Engineers Office has not been inclined to deviate significantly from these guidelines
without good cause.
WILDCP DOC
PAGE 3
ANAL YSIS:
. Land Use
The land use mix proposed for the parcel is intended to serve passers-by as well as
community residents. The fast food establishments and service station will appeal
primarily to persons passing the site and will function in this way for some time to come,
given the current level of residential development in the vicinity. In that respect~ there is a
question of timing as it may be several years for the uses which are destination uses to be
established in response to nearby residential development. During this time period, the
development would not comply with Economic Vitality Objective 3, policy f. which
states that new development should contribute to the function and success of the adjacent
neighborhoods and community. It could also be construed to be inconsistent with
Security Objective 2. Policy c. which discourages "spoC guiding and zoning with
disregard for adopted standards and criteria to satisfy special interests and with Access
Objective 2, policy b. which states that utilities will only be extended to areas contiguous
with existing utility service boundaries in accordance with approved gro\vth and capital
improvement plans. As indicated~ the proposed utility extensions are not contained in the
City's current Capital Improvement Program.
The primary issue here for the Planning Commission is to decide w'hether the proposed
land use change is premature with regard to existing and proposed policies and objectives
or whether the proposed change is consistent with these policies or will be within a
reasonable time frame.
Also of some concern is the relationship of the subject property to adjoining properties. A
single family house is located adjacent to the south\vest corner of the site with access to
County Road 83 and was not included in the requested amendment as it is in separate
ownership. Immediately south of the house is that portion of the Wilds which is proposed
for hotel use. Some thought needs to be given to the relationship bet\veen these properties
and what land use pattern makes the most sense at this location. As it stands. there is little
recognition given to these relationships. The house is perhaps the critical element here
because of the road access. Presently, little can be done to alter the vertical alignment of
the road without adverse consequences to the access to the site.
The commercial use is located on a portion of a larger, 55 acre parcel. The remainder of
the property is located to the south and east of the subject property and the draft Land Use
Guide Plan shows Low Density Residential on this part of the site.
ACCESS:
The applicants proposal shows access to the site from both County Roads 42 and 83. The
specific proposal is for a full access intersection on County Road 83 approximately 600
feet south of the intersection with County Road 42. The proposal also shows a right-
in/right-out access on 42 approximately 750 feet east of the intersection with 83 and a full
access intersection with 42 on the far easterly end of the site.
The Scott County Engineer has commented on the access proposal as follows;
1. Full access to 42 will be allowed as proposed provided the property owner adjacent to
the site on the east closes their driveway and uses the new intersection with 42 for
WILDe? DOC
PAGE ~
access and the City agrees that access to the property north of 42 will also occur at
this location.
2. The right-inlright-out on 42 will not be allowed.
3. Full access onto 83 is recommended to occur on the far southerly corner of the
property. It is also suggested that direct residential access at this point be eliminated.
4. Full access to 83 600 feet south of 42 is not recommended, but right-inlright-out
access may be considered pending resolution of full access issues elsewhere.
The effect of the County's position is to allow full access to occur only at the extreme
comers of the site with the possibility of limited acce~s closer to County Road 42 on
County Road 83. Staff believes this raises a question about the viability of traffic-
oriented commercial uses at this location given the likely access situation. Destination
commercial uses such as banks and grocery stores can tolerate a lesser degree of access
than can the traffic-oriented uses such as fast food which suggests that the land use mix
for this location should perhaps focus more on the destination type of land use and not on
the traffic-oriented uses which require easy access and allo'W" for rapid customer turnover.
Because of the likelihood of a right-iniright-out only access on 83, it will be necessary for
the entire internal road system to be installed with the initial development to insure
adequate emergency vehicle access.
UTILITIES:
It will be necessary to extend a trunk water main from \Vilds Parkway to the subject
property to insure adequate fire flows for any commercial development on the site.
Sanitary sewer service will be provided by a piping system and lift station to carry
sewage from the site to the south to connect to the sanitary sewer system in the Wilds.
Neither of these utility extensions are contained in the City's Capital Improvement
Program as the site is currently outside the ivlUSA limits. The long range utility plan for
the City envisions both se\ver and water trunks being extended from the east along
County Road 42 but the applicants proposal would require sewer to be brought in from
the Wilds and the necessary lift station results in a greater long-term maintenance cost. It
is the City's' view that these maintenance costs should be borne by the developer or
succeeding parties in interest in addition to the installation costs. Also, the trunk water
main should be extended to the easterly edge of the property in the initial development
phase.
City participation in the cost of extending utilities to the site would clearly be in conflict
with Comprehensive Plan policies and , as a result, the only way to deal with this issue is
to require the developer to cover the cost.
DEVELOPMENT TIMING:
As noted, there is nothing in the CIP related to utility extensions to the site and future
MUSA extensions have not yet been identified. Consequently, there is little guidance as
to when the subject property might have been incorporated in the :MUSA in the normal
course of events. The Planning Commission must judge whether this NIUSA extension is
reasonable in light of development pressures both here and elsewhere in the City and in
view of current City policy on the matter. Of particular concern here is the policy which
discourages zoning changes if adequately zoned land is available within the NfUSA
WILOC? DOC
PAGE 5
limits. At present~ the City has 31.35 acres of land in the B-1 zoning district~ 37.39 acres
in the B-2 zoning district and 96.5 acres in the B-3 zoning district. Of the total of 165.24
acres in commercial zoning in the City. less than 30 acres are available for development.
It is reasonable to conclude that there is a shortage of suitable commercially zoned land
within the MUSA.
TRAFFIC:
The applicant has indicated that, at buildout, the site will generate approximately 5,100
vehicle trips per day. The draft Transportation plan chapter of the Comprehensive Plan
indicates that, at buildout, County Road 83 will carry approximately 36,000 cars per day
by the site and that, without improvements, this segment of road will operate at Level of
Service F which is a highly congested condition. The Plan recommends that this road
segment be upgraded to 4 lane status. The transportation consultants analysis anticipated
the commercial development at this corner and factored that into their traffic analysis.
ENVlRONl\'IENT .-\L ISSUES:
As previously noted~ there are two areas on the site which appear to be wetlands subject
to protection under the \Vetlands Act. The applicant has made note of these in the
application and has indicated an intent to protect the \vetlands consistent with existing
rules. The larger \vetland in the south-central portion of the site will serve as a separation
and buffer from land uses to the south which are projected to be residential.
The applicant has indicated his intent to remove between 125,000 and 140~OOO cubic
yards of soil from the site to be used as fill in the Wilds. The result \vill a significant
portion of the site with relatively steep slopes which will be difficult to develop and could
lead to erosion problems. Ideally, grading of this site should be coordinated with future
development of the hotel site in the Wilds and the single family house on 83.
FISC...\L ISSUES:
It has been noted that the City is not in a financial position to incur costs for infrastructure
improvements for this proposal. Consequently, any approval must take note of this and
condition approval on complete infrastructure development by the developer.If the
County requires a median divider on County Road 83 at the access point~ this cost would
also be borne by the developer.
The 40 acre parcel \vhich is being traded out of the ivlUSA currently carries deferred
sewer assessments in the amount of $410.636.94. The assessments were levied on the
property in 1986 but because the property is in Green Acres status~ the assessments
cannot be collected. If the 40 acres is removed from the NIUSA~ these special assessments
would no longer sustain special benefits because the property could not be developed. If
this property is removed, this would delay the eventual repayment even further into the
future because the time line for development would be pushed back.
CONCLUSIONS:
1. The general land use designation of Commercial seems to be appropriate for the
subject property, although review of the site in relation to adjacent properties may
result in a more desirable land use pattern.
WILDCP DOC
P-\GE r,
r "
2. The use of the site for traffic-oriented land uses may be compromised by the access
which the County is willing to approve.
3. The City should not incur infrastructure costs as part of this land use change nor
should it lose special assessments.
4. The Planning Commission needs to determine if the timing of the proposed
development is premature or can be accommodated within the framework of
Comprehensive Plan policies.
5. Further review of specific development proposals will be necessary at such time as
the site is developed.
6. The deferred assessments on the property to be traded should be paid off as a
condition of approval of this request.
ALTER~ATIVES:
1. Find the overall proposal inconsistent with Comprehensive Plan policies and
recommend denial of the requests for Land Use Plan amendment. Public Utilities Plan
amendment. NIUSA extension and zoning change to B-1, Limited Business.
2. Find the overall proposal consistent with Comprehensive Plan policies and
recommend approval of the Amendments to the Land Use and Public Utilities plan.
the L\ilUSA extension and the zoning change to B-1, Limited Business.
3. Find the general designation of Commercial to be appropriate and direct further
consideration of commercial land use alternatives with emphasis on destination-type
land uses for the site and proper land use controls while deferring action on the
zoning change.
4. Other actions as determined and specifically directed.
RECOiVIMENDATION:
If the Planning Commission determines that an amendment is justified at this time, staff
recommends Alternative 3.
ACTION REQUIRED:
Motion specifying recommended action
WILDC? DOC
?AGE 7
PLANNING REPORT
SITE:
PRESE~TER:
PUBLIC HE.ARING
DATE:
2
PUBLIC HEARING TO CONSIDER A ZONING
CHANGE FROM A-I, AGRICULTURAL TO B-1,
LIMITED BUSINESS
Southeast corner of County Roads 42 and 83
Donald Rye, Planning Director
Yes
August 28, 1995
AGENDA ITEM:
SUBJECT:
REQUEST FOR ZONING CHANGE
Introduction
In addition to the request for a Comprehensive Plan amendment and yIUSA extension~
the applicant has requested a change in the zoning on the property from A-I, Agricultural
to B-1 ~ Limited Business. In addition~ the public hearing notice indicated that a zoning
change for the property to be transferred out of the ~lUSA would be considered. In this
case, the change would be from R-l, Suburban Residential to A-I. Agricultural consistent
with its transfer out of the ~lUSA. State law requires that official controls (including
zoning) must be consistent with the Comprehensive Plan but provides no guidelines for
determining consistency. Consequently. it is left to the municipality to determine what
consistency means and how the concept should be applied.
Criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for rezoning.
Analysis
With regard to the three criteria for considering the zoning change, staff believes that the
first would not apply because the property in question has been and is being used for
agricultural purposes. The second would also seem not to apply. Traffic has increased by
a large amount since the casino was opened and traffic volumes now are in the vicinity
of 15,000 vehicles per day. While this represents a significant percentage increase, the
actual volume would not typically be considered sufficient to warrant a zoning change by
itself. In the event the Planning Commission and Council amend the Comprehensive
Plan~ state statute requires that the zoning be changed so as to be consistent with the
1620~I~gf~CCreek Ave.. Prior Lake. Minnesota 55~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
"~N EQL:AL OPPORn::"lIT"( E.'-1PLOYER
"
in a position to recommend a zoning change. The recommendation does not necessarily
have to be the same as the requested amendment if the Commission felt that another
zoning district would do a better job of implementing Comprehensive Plan policies and
objectives. If the Commission recommends the third alternative, the Commission could
defer action on the zoning change until it had considered more specific development
objectives for the property and determined what type of zoning would be most
appropriate.
Current Zoning . .
The B-1 zoning district is designated as a limited bUsiness district and, as such, is
intended to provide areas related to or adjoining high and medium density residential
areas on major streets for offices, retail and service establishments. The land uses allowed
in the B-1 district are as follows:
Permitted Uses
. Retail business
. Personal services
. Funeral homes
. Clinics
. Offices and banks
. Business and professional office
. Nursery schools and day care
Conditional uses
. Eating and drinking places
. Motor fuel stations with minor auto repair
. Public buildings
. Public utility buildings
. Fast food
. Private club, health club
. Theaters and assembly
. Agricultural product stands
. Minor Auto repair
. Car wash
The draft Land Use Guide Plan includes two retail shopping categories, CRS-l and CRS-
2. The CRS-I category is intended to be neighborhood-oriented and limited in scale while
the CRS-2 category envisions larger scale development intended to serve a wider area and
provide for a greater diversity of services. The designation for the subject property has
not been finalized but it is likely that it will be designated CRS-2.
The difficulty in changing zoning under current ordinance provisions is that the current
ordinance is not designed to implement the draft Comprehensive Plan. Development of a
new zoning ordinance is the next major order of business for the Commission following
completion of the Plan.
WIUON DOC
PAGE ::
The ordinance presently does not contain much in the way of performance standards,
design criteria or other means of insuring that a quality development will result unless a
Planned Unit Development(PUD) approach is followed. Typically, this approach is
elected by the applicant and a negotiation process is conducted with the City. However, if
the City wishes to exert greater control over the development of an area, the
Comprehensive Plan can spell out the justification for the PUD approach and specify the
standards which have to be met in developing the area. The City is then in a position to
require that a PUD be filed to govern the development of the area. If the Planning
Commission recommends the third Comprehensive PI~ alternative, it is recommended
that this approach be utilized in developing zoning for the area..
Conclusions
1. If the Planning Commission recommends denial of the Comprehensive Plan
amendment~ it has no choice but to recommend denial of the zoning change.
2. If the Planning Commission recommends approval of the Comprehensive Plan
amendment, it should recommend approval of a zoning change but the
recommendation does not have to be the same as the applicants request.
3. Proper zoning of the site should consider all applicable Comprehensive Plan Policies
and Objectives.
4. PUD zoning is a suitable approach to use in directing the development of this
property .
Alternatives
The alternatives available to the Commission will depend on the action taken on the
Comprehensive Plan amendment.
Action required
Motion specifying desired action
WIUO:'ll DOC
PAGE J
i .
June 29, 1995
Nfr. Don Rye
Planning Director, City of Prior Lake
4629 Dakota St. S.E.
Prior L1.ke.]\ItN 55372
RE: Wilds North Comprehensive Plan & Zoning Request
Dear Don:
This letter is to supplement The Wilds North land use proposal. As you recalL we have
submitted a land use study on the 55 acres we have purchased adjacent to The Wilds. In
discussions ~ith City Staff it was agreed that a minor amendment and land transfer would
be the quickest way to start the development process.
It is our intent to separate the commercial land consisting of approximately 18.5 acres from
the 55 acres for development. It is our understanding that trading the 18.5 acres for a
property which has sewer would only require a minor amendment and a 60 day process to
complete the application. Since our last discussion we have obtained a 20 acre sewered
parcel which we can exchange at this time, therefore, there will be no net gain in this plan
amendment process. Included with this packet is an agreement indicating the property
owner's commitment to the land transfer. This should satisfy the "no net gain" requirement
which will allow our development to move fOI'W'ard.
We are also requesting the City rezone the property to B 1 (Limited Business) to conform
to the Comprehensive Plan designation. The Land Use Study enclosed will give more
detail on the property. The remaining 37 acres would continue to be included in the City's
Comprehensive Plan C'pdate. Scheduled timing for development is 1996.
If there is anything else you require, please let me know as soon as possible.
Sincerely,
.-----;-- b /
/ l-~ -,t-(..-"'t~
Tirnn Jacobs'
The Wilds, Cons1I1lction ;\;Ianager
AGREEMENT
This agreement is made on ~ \.A.-{\€,. '2..1 , 1995, between Leo B. Vierling
(Vierling) and Richard K. Burtness (Burtness).
1. Vierling agrees to transfer to Burtness or his assignee, at the time of signing
this agreement, sewer and water rights to 20 acres of a 54 acre tract Vierling owns on
the shore of Prior Lake. This transfer is contingent upon the City of Prior Lake
committing to replace Vierling's sewer and water rights in the City's 2010
Comprehensive Plan at the time it approves transfer of Vierling's rights to Burtness.
2. In exchange for Vierling's agreement above, Burtness and Vierling agree to
transfer to each other the titles to and possession of tractors described as follows:
Vierling's tractor:
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4)<4
\~q 0-1 \
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Burtness's tractor: 1995 John Deere 4 x 4 ~lodel 7600 with loader and other
features, including but not limited to extended warranty protection, as specified in
writing by Vierling. The dealer from whom Burtness obtains his tractor shall be
selected by Vierling unless Burtness obtains a written commitment from a qualified
John Deere dealer to sell the same tractor for more than $2,500 less than the price
offered by the dealer selected by Vierling.
The tractor transfer will take place within .3.. days of the Prior Lake City
Council meeting at which the transfer of sewer and water rights from Vierling to
Burtness, and commitment to replace these rights to Vierling in the 2010 plan, are
approved.
3. Burtness also agrees to reimburse Vierling, on or before February 28, 1996,
for the incremental state and federal 1995 income taxes incurred by Vierling that are
attributable to the amount of Vierling's gain reported on this transaction less the first
year's depreciation on the tractor he receives from Burtness.
""')
.,
./
........~
ASSIGNMENT OF SEWER AND WATER RIGHTS
I, Leo Vierling, hereby assign twenty acres of sewer and water rights of my fifty-four
acres located on Prior Lake to Burtness Growth for their development on County 42 and
83 in Prior Lake.
This assignment is contingent on the City of Prior Lake replacing these sewer and water
rights in their 2010 Comprehensive Plan.
~()' .
d~ 0~~
Leo Vierling ::<
~ - e2 /- 9--5-
Date
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pmt
CITY OF PRIOR LAKE
APPLI<:ATION FOR AMENI:MENr 'IO CI'l"I CDDE, a:MP PLAN OR CITY ORDINANCE
--. 1<,1<. B -rNC,
Applicant: ~~ - ~~ Bane Phone: WS6.~SCO
J t n \ n I I Work Phone: 4~S-- 3SCO
Address: 2.SCO WI I;c \t'A,,\~W^'/ rtt.1l1t.. ~ MAN SS~7_
Section of Ordinance or Camp Plan Amendment ~
is Pequested for: J~. ~ I1CAWS T~ A (~'L"lIwlL6. ~ m ~
Des ribe Am anent: .J..
~
r
&JBMISSION RroUIF.EMENrS:
CA.) Completed application form. (B.) Filing Fee. (C. j Parcel Identification
NunDer (PID). (D.) Certified SUrvey and Names of Property Cwners Certified by an
Abstract CoIIlfaI1Y if Fequired by the Director of Planning.
ONLY aJM..."PLETE APPLIaTIONS SEALL BE R...t:VIEWED BY THE PLANNIN:; C!:MMISSION.
To the best of ~ ~cwledge, the information presented on this form is correct.
In addition, I have read Section "7.9 of the City Zoning Ordinance which
specifies the requirene.'1ts for amendments. I agree to provide information and
follow the procedures as outlined in the Ordinance.
/~
Applican S:
SUbmitted this _day of
19_
THIS SKTION ro BE FILLED OUT BY THE PLANNnG DIRECTOR
HEARIN:; rATE
HEARIN:; DATE
PLANNIN:; a:MMISSION
CI'l"I c:r::moL
APPIUlED
APPRGVED
DENIED
DENIED
<DNDITIONS:
Signature of the Planning Director
Date
j -
RZqs
FID#
-C3
CITY OF PRIOR LAKE
APPLICATION FOR REZONDG
.
Applicant:' '\ ~
Address: -!PI .
Address: d~ l-J
Consul tant:
Address: Phone: #::
Uxation of proposed r~onin.g: ~ ~ ~'lf.,L. ""'Z::3 f J,42-
Present Zoning: ./.4f~~- ~sed Zoning: p-I
Property Acreage. + Existing use /7 .
to be rezoned: /~, J A - of Property: -rqAA--1'f~
Intended use(s) of pro};erty: ~ilAlA~-A---fl 1-
Ieasons for Request: lh-1..Jr/'.....J r::/ /'~/
/ /
Deed Restrictions: ~ a, Yes If so, please attach.
Has the Applicant pre'l'iously sought to plat, rezone, obta~variance or conditioI'M
use permit on the subject site or any part of it: N:) Yes What was
requested:
~~e~oone)j4t-1f;-'~
When:
SJEMISSION REOUIREMENI'S: (A) Complete application form. (B) Complete legal description
& Property Identification Nurrber (pm). (C) Filing fee. (D) Deed restrictions, if
necessary. (E)Fifteen copies of a site plan and Certified SUrvey, drawn to scale
showing existing and pro};X)sed structures, lot boundaries, foliage and topography on
site and within three hundred (300) feet of the property. (F) Soil tests, if
pertinent. (G) Certified fran abstract fion the names and addresses of property
owners within 300 feet of the exterior of the property lines of the subject
property .
ONLY aJMPLETE APPLICATIONS wnL BE REVIEWED BY THE PLANNIN; CD1MISSION.
.
To the best of nrl knowledge the information presented on this form is correct. In
addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies
requiranents for rezoning procedures. I agree to provide information and follow the
procedures as outlined. the o~
, 7/s-LCJs-
Date .
9'3c;/ ~ ~
Date
'mIS SECl'ION 'ID BE FILLED IN BY THE PLANNIN; DIREX:TOR
DENIED
DENIED
DATE OF HEARnti
DATE OF HEARnti
APProlED
APPBCNED
PLANNDXi <DMMISSION
CI'lY aJm:x:IL
CDNDITIONS:
Signature of the Planning Director
rate
THE WILDS
NORTH
LAND USE PROPOSAL
APRIL 24, 1995
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JULY 18,1995
TO: DEB GARROSS- CITY OF PRIOR LAKE
FROM: TIMN F. JACOBS- THE WILDS
RE: WILDS NORTH MUSA SWAP
DEB, THE FOLLOWING IS THE LEGAL DESCRIPTION OF THE VEIRLING
PROPERTY WE ARE PROPOSING TO "SWAP" WITH OUR 20 ACRE
PARCEL.
LEGAL DESCRIPTION FOR MUSA BOUNDARY PURPOSES ONLY
The North 20 acres of Government Lot 2, section 26, Township 115, Range 22,
Scott County, Minnesota.
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED
AMENDMENT TO THE PRIOR LAKE YEAR 2000 COMPREHENSIVE PLAN
FOR THE PRO.JECT KNOWN AS "THE WILDS NORTH"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station # 1. located at 16776 Fish Point Road. SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Ylonday. August 28. 1995 at 7:00 p.m.
The purpose of the public hearing is to consider a proposal to amend the Public Utilities Plan and
Land Use Plan chapters of the Prior Lake Year 200( Comprehensive Plan. The specific
proposed amendments are outlined below:
PROPOSAL 1 - PUBLIC UTILITIES PLAN A1VIENDiVIENT:
The proposal is to amend the Year 2000 Urban Service Area boundar:' to add 19.5 acres of
Commercial land and remove 20 acres of Public Open Space land. The amendment consists of a
proposed land exchange to add 19.5 acres of Commercial land, ( PARCEL A. located southeast
of the intersection of County Roads 42 and 83), to the Year 2000 Urban Service Area and delete
20 acres of existing Public Open Space Land. (PARCEL B, located southeast of the intersection
of Pike Lake Trail and Carriage Hills Parkway), from the Year 2000 Urban Service Area.
PROPOSAL 2 - LAND USE PLAN A~IENDiVIENT:
The proposal is to amend the Year 2000 Land Use Plan w-lap to redesignate 19.5 acres of existing
Agricultural to Commercial Land Use and to redesignate 20 acres of Public Open Space to
Agricuitural Land Use. The amendment consists of a proposal to change the land use of
(PARCEl.. ..~), i 9.5 :lcre~ of Agricultural to Commercial land use. The amendment consists of a
proposal to change the land llse of (PARCEL B), 20 acres of Public Open Space to Agricultural
land use.
Leg=.ll Description of Parcel.-\.;
That parr of the North Half of the ~ortheast Quarter of Section 28. To\vnship 115, Range 22,
Scott COllnt~:, ~linnesota. described as follows:
Beginning at the Northwest corner of the East 872.80 feet of said North Half of the
Northeast Quarter; thence on an assumed bearing South 00 degrees 25 minutes 35
seconds West, along the West line of said East 872.80 feet, a distance of 187.87 feet;
thence Southwesterly, a distance of 244.50 feet, along a tangential curve concave to the
Northwest having a control angle of 94 degrees 54 minutes 23 seconds and a radius of
147.61 feet; thence South 61 degrees 19 minutes 21 seconds West, not tangent to last
described curve, a distance of ~3 ,80 feet; thence South 86 degrees 29 minutes 41 seconds
"SlJ<)5{)2P~" 1
16200 Eagle Creek Ave.. Prior lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:\ EQL",-\L OPPORTt..::"im: :::-.1PLOYER
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Page 2
LAND USE PROPOSAL
Based on the location of the property adjacent to two major county roads and the
topography of the rolling hills and valleys, it is our intention to divide the parcel
into 3 separate and distinct land uses. See the land use exhibit attached to this
report.
Commercial - The most NortherJy portion aJong Co. Rd. 42 and 'Nesterly portion
along Co. Rd. 83 are proposed for commercial development. Because of the high
volume of traffic on these two roads and c!oseness to Mystic Lake Casino, it is
anticipated some (spin-off) traffic could support additional commercial association
with the Casino down the road. A secondary market is the neighborhood being
created by The 'Nilds. The services needed will be tne convenience facilities
such as food, grocery, car care, banking, dry c!eaning, etc. The proposed plan
has approximately 18.5 acres in which to support the aforementioned commercial
uses. This area was aJso determined by the physical topography as 'Nell. The
parcel drops off as you go South to a low point where ponding is proposed to be
provided. Because of the change in topography. the transition of land use is
easily identifiable. In reviewing the proposed commercial area, the gross acreage
will be reduced because of roads and circulation. It is anticipated that
approximately 16 acres may be the net commercial acreage, depending on the
circulation and the approved development plan. In factoring a 25% cover of the
net area, it is conceivable that the 175.000 to 180,000 square feet of commercial
space could be constructed. If the land use and zoning is approved by the City,
The Wilds 'NHI immediately submit applications for platting the property. Incfuded
with this application will be specific criteria prepared by The Wilds detailing
access, architectural control and landscaping. The plans will be implemented by
The Wilds prior to the construction of the first building. It is our intent to construct
two pads immediately, which would be part of the overall commercial
development.
PONDING 8& OPEN SPACE- Due to the topographic configuration of the property,
it is fairty easy to determine where ponding should be provided on the site.
Because of the depression in the corner of 42 8& 83 the land use proposal provides
1.4 acres pond and open space for this development. The second location is the
other low area or depression on the site. Investigations are presently being done
by Peterson Environmental Consultants to determine if this is a natural 'Netfands
or if drain tile has altered this in the past. However, for planning purposes this
plan is proposing approximately 8 acres of open space of which approximately 4.8
acre 'Nould be water. This ponding and open space provides a nice transition
between the commercial and residential land uses.
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Northeast Quarter; thence North 00 degrees 00 minutes 03 seconds West. along said East
line of the West 208.70 feet, a distance of 208.70 feet, to the North line of the South
208.70 feet of said North half of the Northeast Quarter; thence North 89 degrees 47
minutes 10 seconds Wes4 along said North line of the South 208.70 feet, a distance of
208.70 feet, to the West line of said North Half of the Northeast Quarter; thence North
00 degrees 00 minutes 03 seconds West, along said West line, a distance of 1119.15 feet
to the North line of said North Half of the Northeast Quarter; thence South 89 degrees 36
minutes 20 seconds East, along the North line of said North Half of the Northeast
Quarter, a distance of 1760.56 feet, to the point of beginning. (Containing 19.5 acres of
land).
Or more commonly described as 19.5 acres of vacant land located southeast of the intersection of
CR. 42 and 83.
Legal Description of Parcel B:
The North 20 acres of Government Lot 2, Section 26, Township 115, Range 22. Scott County.
Minnesota. (Containing 20 acres of land).
Or more commonly described as part of a 54 acre, vacant tract of land owned by Leo Vierling
and located adjacent to the shore of Prior Lake, east of the subdivision of Carriage Hills, west of
the subdivision of Knob Hill and south of Carriage Hills Parkway. The subject site is the north
20 acres of land located adjacent to Carriage Hills Parkway.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
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Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, August 12, 1995.
RZ03 p~ DOC
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LEGAL DESCRlPTION FOR NIUSA/COMMERCIAL
That part of the North Half of the Northeast Quarter of Section 28. Township 115, Range
22, Scott County~ Minnesota. described as follows:
Beginning at the Northwest comer of the East 872.80 feet of said North Half of the
Northeast Quarter; thence on an assumed bearing South 00 degrees 25 minutes 35
seconds West, along the West line of said East 872.80 fe.et, a distance of 187.87 feet;
thence Southwesterly. a distance of 244.50 feet, along a tangential curve concave to the
Northwest having a control angle of 94 degrees 54 minutes 23 seconds and a radius of
147.61 feet; thence South 61 degrees 19 minutes 21 seconds West, not tangent to last
described curve, a distance of 43.80 feet; thence South 86 degrees 29 minutes 41 seconds
West. a distance of 549. 10 feet: thence South 00 degrees 33 minutes 34 seconds East. a
distance of219.50 feet: thence South 64 degrees 38 minutes 03 seconds \Vest. a distance
of702.45 feet to the East line of the West 378.70 feet of said North Half of the Northeast
Quarter; thence South 00 degrees 00 minutes 03 seconds East along said East line. a
distance of 408.34 feet. to the South line of said North Half of the Northeast Quarter.
thence North 89 degrees 47 minutes 10 seconds West. along said South line. a distance
of 170.00 feet, to the East line of the West 208.70 feet of said North Half of the Northeast
Quarter: thence North 00 degrees 00 minutes 03 seconds \Vest. along said East line of the
West 108.70 feet, a distance of 108.70 feet. to the North line of the South 208.70 feet of
said North half of the Northeast Quarter; thence North 89 degrees 47 minutes 10 seconds
West. along said North line of the South 208.70 feet. a distance of208.70 feet. to the
West line of said North Half of the Northeast Quarter: thence North 00 degrees 00
minutes 03 seconds West. along said \Vest line. a distance of 1119.15 feet to the North
line of said North Half of he Northeast Quarter; thence South 89 degrees 36 minutes 10
seconds East. along the North line of said North Half of the Northeast Quarter. a distance
of 1760.56 feet, to the point of beginning.
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INTRODUCTION
The Wilds has purchased an additional 55 acres which they would like to add to
their overall development. During the past 45 days representatives of The Wilds
have had several meetings with City officials to determine which process wouJd be
the best to expedite the development of the 55 acres. In these discussions there
were different strategies discussed, Le.filing separate applications for
Comprehensive Pfan amendments and rezoning, working 'Nith the City to include
the 55 acre development of the Wilds into the Comprehensive Plan Update. It
was agreed that 'Norking together in one process would be in the best interest of
both the City and The Wilds. This would result in one planning process with
combined efforts which should develop the best plan for the City and be
economical and feasible to develop by The Wilds. The criticaJ element of this
whole process is how much "time" will it take to complete this joint planning
process. On ~1arch 7th there was a meeting bet\veen The Wilds representative
and the City Administrator 'Nhich discussed alternatives and timing of the
processing for the Comprehensive Plan. It was noted that this plan was
approximately 7 months past the date the City had intended to submit to the
Metropolitan Council for review. It was also stated that there would be no further
delays and it is a priority to complete this revised plan to the Met Council. With
this expectation, The Wilds has elected to participate with the City to expedite the
planning process as well as the development of the affected 55 acres.
LAND USE
This parcel is located in the South East quadrant of County Road 42 and County
Road 83 (Mystic Lake Drive). The parcel contains 55 acres 'Nhich directfy abuts
The Wilds Planned Unit Development. This parcel is the most visible of The
Wilds development from the intersection of twc county roads. This intersection
also has the second highest volume of traffic in Prior Lake, in excess of 15,000
vehicfe trips per day. This parcel is rectanguJar shaped and excludes two
homesteads, one in the SW corner and the other in the NE corner. The parcel
has approximately 1 760' of frontage aJong Co. Rd. 42 and 1,120' of frontage along
Co. Rd. 83. 80th of these roads are major collector roads and wilr impact the
types of uses proposed for the property.
The parcel is fairly open and rolling. It has been farmed in the past. The site is
also the location in 'Nhich fill material will be taken to complete the grading
operation of The Wilds Planned Unit Development. Presently the site has hills
and valleys which will be balanced out once a development plan is approved for
the site. The site characteristics are also the reason for the land use separation of
the proposed plan which will be described in detail later.
The original land use study for the \Vilds )Torth was completed April 24. 1995. At that
time several meetings were held with the City to determine which application process
would best accommodate the City and the land owner. In determining the application
process. it was made very clear that the Comprehensive Plan is a top priority and there
would be no more delays in submitting the Comprehensive Plan to the y[etropolitan
Council for their review.
Since the original meeting, there have been delays in the completion of the plan. .A..fter
further discussions with the City staff. it has been decided not to wait any longer to
process the application as part of the Comprehensive Plan Update. but to submit a
separate application for a portion of the 55 acres acquired. The only portion of the
property now under consideration for a Comprehensive Plan :\rnendment and R~zoning
is the 19.5 acres of commercial at the comer of County Roads .+:2 & 33. The remainder of
the 55 acres is still anticipated to be included in the Comprehensive Plan Cpdate and
brought into the 2010 yll"S"-\. as part of the City process. This Supplement should clarify
what the separate applic::ltions are for and dear up my inconsistencies bet\vee:1 the April
Land Use Study and this Supplement.
Also included is the exact legal description which separates the 19.5 acre commercial
property from the 55 acre parceL The legal description and sketches are labded Exhibits
1 & 2 & 3 of this Supplement. The legal description and sketch of the parcel to be
removed from the 2000 year serv'ice area is included as well. The original agreement that
was made \-vas based on the exchange of a 1: 1 ratio of land being exchanged. In
discussions with the yletropolitan Council. it has been rare to exchange sewered
residential land for commercial land. Based on a formula for sewered land uses. the ratio
may change upward to a :2: 1 ratio of residential to commercial land. Attached as exhibit
4 is the l~gal description for the residential transfer property and a general map or sketch
of the entire Verling parcel.
It is our understanding that the City is in me process of completing the 2010
Comprehensive Plan. In this Plan the parcel has a proposed designation of Commercial.
The request for the Comprehensive Plan change and rezoning is consistent with the City.. s
plan for the property. The zoning request is also the most restrictive commercial zoning
in the City's zoning code.
Additional commercial B-1 land is required at this location because the intersection of
County roads 42 and 83 has become a major traffic intersection. \Vith upVv.ards of 50.000
trips per day projected for the near future. this location lends itself well to the exposure
necessary for commercial development. At this time there is a void of commercial
development and services in the area. ,^lith the \Vilds PUD becoming reality~ the
Bloomington Ferry Bridge nearing completion and the Indian Nation ever expanding,
:!
1 .
Page 3
RESIOENTfAL- The remaining 26.9 acres is proposed to be medium density
residential. Again, this will also seNe as a transition bet'Neen the exiting Wilds
development and ttle proposed commercial development. Since The Wilds is
predominately a residential planned unit development, this 26 acres of additional
medium density is not scheduled for development until 1996. It is important at
this time to master plan for future uses and design seNices to accommodate the
entire parcel. .The design of this phase contains approximately 26 acres and will
have a density bet'Neen 107-160 dwelling units. In moving forward it is critical
that zoning and timing of utilities be approved now to allow approximate budgets
and financial commitments be made for the development of this parcel.
ACCESS
The last critical and crucial element with this land use plan is the access it will
receive from the ~o county roads. As mentioned earlier, there is berNeen 1100'
to 1 700' of frontage on each of these tvJo county roads. The concept is to propose
access from ttle county road into the commercial portion of this site. The concept
is to have full movement on County Road 83 which would provide access to the
commercial as well as the property on the West side of 83. County Road 42
contains more than 1700' of frontage. AJong Co. Rd. 42 the plan provides a right
in right out as 'Nell as 1 full movement access toward the Easterfy end of the
property. It is our understanding that the County has some new policy regarding
access and it is our intent to work with tt1e City on a plan which is acceptable with
the City and work together (developer and City) to obtain the access that will
benefit the commercial development. Incfuded 'Nrth this report are site plans of
other major commer.:ial developments in Eagan, Apple VaJJey and Burnsville
which show traffic access and circulation. The site plan shows different internal
circulation patterns. The one element that is common to aJJ of the commercial
developments along County Roads is they aU have access Into the commercial
areas. As you can see, access is the critical element to the commercial viability.
CONCLUSION
This proposal is to provide information to be included into the Comprehensive
Plan Update. Hopefully enough information has been provided to allow the land
use change as proposed. If this is acceptable, The Wilds would like to begin
working on the detaif design and the platting of the commercial property. As we
have indicated, there are several commercial uses which could start the overall
formal development in this neighborhood. This 'Noutd increase tax base and
provide additional opportunities in the City.
The above chart is a concept of uses which fit the 8-1 Zoning and are either permitted or
conditional uses. The building sizes are estimates and could vary as specific uses and lot
sizes are determined. The traffic estimates are taken for peak hour operations from the
I.T.E. Transportation & Traffic Engineering Handbook. It should be noted that in the
development of this commercial center. it is not anticipated to generate that many new
trips. This center is expected to service existing \\lilds development surrounding
neighborhoods. as \vell as capture some existing traffic on County Roads ..+2 & 83.
In estimating the sewer and water usage for the commercial property. the \1etropo titan
Council starT uses 1.500 gallon per acre for all commercial. Typically this \vill average
out between the heavv uses such as car washes and restaurants to office and general retail.
. -
A.s each use is determined by the building permit. the requirements will be calculated.
The sewer and water usage for a single family unit is 275 gallons per day and estimated
that 2.5 to 3 single family units per acre. Therefore. based on these calculations. the ratio
of exchange of 2 residential acres to 1 commercial acre is the ratio to use in this proposed
land swap. It is noted that 9nce specitic commercial uses are established it may reduce
the amount of residential acres needed in this land swap.
.As state earlier \vhen our first discussions were held regarding the land s\vap concept. it
was a..."1ticipated only a 1: 1 ratio be required and the owner received an agreement to
exchange acres. It is anticipated that he will no\v pursue the additional land needed based
on the calculations. -
The last item to be addressed in this Supplement is how this proposed conforms to the
specific goals and policies of the City and County. Tne major County policy is the
spacing guidelines for access onto County roads. A.s already addressed. the o\vner has
worked out minimal access requirements. As more detail is developed. we will be
working with the City and County to work on a circulation plan which will be safe and
provide adequate access for the uses proposed. One last item to be addressed is the
County has one policy for urban and rural sections of roadway. As you can see by
exhibits submitted in the original report. access from County roads are essential for the
vitality of commercial areas.
Prior to acquiring the property. the owner had been in contact with the City to tind out
what the long range plan was for this parcel. Because of the proximity to two major
County roads, it was suggested the commercial land use would be an acceptable use in
this location. Since the acquisition of the property the owner has been working \vith the
City to initiate the proper land use and zoning on the property. It is our understanding
that the City has guided this parcel as commercial on the 2010 comprehensive Plan.
therefore. initiating this application for Comprehensive Plan Amendment and Rezoning is
consistent with the City's planning process.
In reviewing the new goals and objectives of the City's Comprehensive Plan. we are as
enthusiastic and determined as always to work together to accomplish these goals and
objectives. Listed below are some goals and objectives which apply to the 'N"ilds ~orth:
4
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EXHIBIT I
LEG.-\L DESCRIPTION FOR MUSA./COtvfNfERCIA.L
That part of the ~orth Half of the Northeast Quarter of Section 28. T o \\tTIS hip 115, Range
12. Scott County, \-linnesota. described as follows:
Beginning at the ~orthwest corner of the East 871.80 feet of said )iorth Half of the
Northeast Quarte:-: thence on an assumed bearing South 00 degrees 25 minutes 35
seconds \V'est. along the \N'est line of said East 872.80 feet. a distance of 18-:--.87 feet:
thence Southweste:-iy, a distance of 144.50 feet. along a t.mgential cun'e conc~ve to the
North\vest having a conrrol.angle of 94 degrees 54 minutes 23 seconds and 3. .-adius of
147.61 feet: thence South 61 degrees 1 9 minutes 11 seconds \VO est, not tangent to last
described cUl\le. a distance of 43 .80 feet: thence South 86 degrees 29 ~inutes 41 seconds
\V'est. a distance of 5.J.9.1 0 feet~ thence South 00 degrees 33 minutes 34 seconds East. a
distance of 219.50 feet: thence South 64 degrees 38 minutes 03 seconds \\"est. a distance
of 701.45 reet to the East line of the \V"est 378.70 feet of said )iorth Half of the ~ortheast
Quaner~ thence South 00 degrees 00 minutes 03 seconds East along said East line~ a
distance of 408.34 feet. to the South line of said ~orth Half of the Northeast Quarter.
thence North 89 degrees 47 minutes 10 seconds West. along said South line, a distance
of 170.00 feet. to the East line of the \Vest 208.70 feet of said North Half of the )iortheast
Quarter; thence ~orth 00 degrees 00 minutes 03 seconds \Voest~ along said East line of the
\\i'est 208.70 feet. a distance of 208.70 feet, to the North line of the South 208.70 feet of
said North half of the ~ortheast Quarter: thence ~orth 89 degrees 47 minutes 10 seconds
\\i'est. along said North line of the South 208.70 feet. a distance of 108.70 feet. to the
West line of said ~orth Half of the Northeast Quarter~ thence North 00 degrees 00
minutes 03 seconds 'NOest. along said West line. a distance of 1119.15 feet to the North
line of said ~orth Half of he ~ortheast Quarter: thence South 89 degrees 36 minutes 20
seconds East. along the ~orth line of said North Half of the Northeast Quarter. a distance
of 1760,56 feet. to the point of beginning.
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SCOTT COUNTY
HIGHWAY DEPARTtvlENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(612) 496-8346 FAX (612) 496-8365
BRADLEY J. LARSON
Highway EngIneer
DANIEL M. JOSE
Design Engineer
DON D. PAULSON
Construction Engineer
August 22. 1995
Mr. Timm Jacobs
2500 Wilds Parkway
Prior Lake, MN 55372
Re: Wilds North
Dear Mr. Jacobs:
Since our July 20, 1995 meeting we have further reviewed your revised plan, dated
December 13, 1994, and offer the following comments:
1. Full access to CSAH 42 will be allowed along your easterly property line provided:
The easterly adjacent property takes access from your proposed road and the
easterly adjacent property owner provides the County written verification he
agrees to eliminate direct access to CSAH 42.
The City agrees that the location of a future City street to seNe the property north
of CSAH 42 will be placed at this location.
2. Access shown onto CSAH 42 approximately 750' east of CR 83 will not be allowed.
3. Access onto CR 83 is recommended south of Lot 1. Block 2. This location would be
suitable for full access. Again. providing access to the residential property onto your
roadway and elimination of the direct residential access to CR 83 is recommended.
4. Access onto CR 83 600' south of CSAH 42 is not recommended. Right-in/right-out
access at this location may be considered given resolution of the full access locations.
5. At the time of final plat. drainage and utility easemenrs should be incorporated along both
CSAH 42 and CR 83.
Please do not hesitate to contact us if you need additional information.
Sincerely,
~
~
Bradley J. L: r n, P.E.
County Highway Engineer
BJ Ujkf
c: Larry Anderson. Prior Lake Engineer
Paul Thomas, Pioneer E'1gineering
An Equal Opportumty/Affirmatlve ,4ctlcn/Sa;ety Aware E.-r.=/oyer
, .'.
WILDS NORTH
SUPPLEMENT
AUGUST 11, 1995
" . --
...- .
D. What is the official local status of the proposed amendment? (Check one or
more as appropriate.)
_ Acted upon by planning commission (if applicable) on
_ Approved by governing body, contingent upon Metropolitan Council review.
_ Considered, but not approved by governing body on
~ Other IrvttJ elj'\{ S-rt:l~p ~Dfl.. QEV/t=vJ
E.
ll. LAND USE
A Describe the following, as appropriate:
1. Size of affected area in acres dO ~
2. Existing land use(s) AGIl.J L.ULTOrz..~L--
3. Proposed land use ( s) (\, () /VI rn t=:f( c I A L-
4. Number and type of residential dwelling units involved
N/A
5. Proposed density N / A
6. Proposed square footage of commercial, industrial or public buildings
LAND L.o-r<:> U5E7J F Of'- CO,.." M -enel j:)..1.- ; t., 4- '2) :J 00 S. f .
m. METROPOLITAN DEVELOPMENT GUIDE
A Population. Household and Employment Forecasts
Will the proposed amendment affect the city's population. household or
employment forecasts for 2000, or any additional local staging contained in the
original plan?
~ _ NolNot Applicable
'-::::::L Yes.. Describe effect.
""Tl4 E: ~a ~ E'O AM f9JD1v'E1Vr w, l.. L,
~ E tr1Vl P LlJ\I ,..... F1V -,- J=.Dl2. E' <::.A < -r- !1. ~
~ P A t2..CE7 WILt -' (., r-:::rv pj(, A -[-6
I f\J C Q. en.. ~ r;-
~ F: C. OfV\ t\A ~ / J).., L-
NE fA) -.JOr) S
1:1.
there is a current and future need for service oriented commercial development. \Vhat we
are proposing is in response to that growing need.
The areas needed for commercial development are often in response to the growth
patterns of a community. The 2000 comprehensive plan did not forecast the Indian
Nation building the 2nd largest casino in America~ nor the development of a 500 plus
housing development. The Wilds. These two events generated and will continue to
generate an enormous need for services in the immediate area. This property site is ideal
to provide these sen.'ices. Other commercial land presently in the M1.JSA does not meet
this criteria for location. location. location.
The rationale for removing the 20 acres of residential land from the ivfUSA is two-fold:
this land ovmer has no plans in the near future to develop this property and we have a
business relationship with this [and OVvl1er which allowed us to draft a proposal on a
transfer of ivrr:S.A. pro per!"y' , V'./e acknowledge the continuing need for housing in the
area. However. the need for commercial services to support this residential growth is
immediate. V.le feel our proposed commercial parcel is in the best interests of the
community and the City of Prior Lake.
As mentioned previously, the commercial property contains approximately 19.5 acres.
Based on the configuration of the parcel setbacks and road location. the net developed
land will be substantially less. Based on conceptual uses that \vould fit the B-1 Limited
Business Zoning, the follo\ving analysis is made:
SITEA.\iAL YSIS
Lot :: Area Building Site l~se Irip,s
1 35.056 sq.ft. 4.000 Bank 10
7 51 ~0:3 sq.ft. 10,200 FlorallDry Cleaning 153
6 61.489 sq.ft. 12~500 Hardware 187
5 51.521 sq.ft. 10,300 Drug 154
4&3 155,025 sq.ft. 3 1. 000 Grocery 431
2 68.003 sq.ft. 7,000 Fast Food 1799
1 111.895 sq.ft. 22,300 Gas/Service 28
1 56,058 sq.ft. 11 ~100 Fast Food 1799
2 74.105 sq.ft. 14.800 Sit-Down Restaurant 518
"\ 8..1 O~ 1 sQ ft. 16 800 Bank 38
.:J
749~397 sq.ft. 135,900 5117
3
2. Does the proposed amendment contain any changes to the functional
""Classification of roadways? .
\; No.
Yes. Describe which roadways
F. Aviation
Will the proposed amendment affect the function of a metropolitan airport or
the ~patibility of land ~es with aircraft noise?
~ NolNot applIcable.
Yes. Describe effect.
G. Recreation Open Space
Will the proposed amendment have an impact on eXisting or future federal, state
or r~naI recreational facilities?
~ No/Not Applicable.
Yes. Descnbe effect.
H. Housing
Will the proposed amendment affect the community"s ability or intent to achieve
the long-term goals for low- and moderate-income and modest<ost housing
opportunities contained in the existing plan?
"- _ NolNot Applicable.
~ Yes.. Descnbe effect. . \ l...J.:..
C~~"1t.(J~L STIlJP ~IL.L P({QUiD'c ~~e:N,T,E..S- ro ~LJPfaR.T
~YO E)v(i)u~(= -rH E ~OtJSil'v&J OS S"CJl.p~E:.O ~8(')V
L Water Resources
1. Docs the plan amendment affect a Mimlesota Department of Natural
Resources or U.S. Army Corps of Engineers protected wetland? If yes,
describe type of wetland affected and show location on a map.
~ Yes.
No.
2
Will the wetland be protected?
~ Yes.. Describe bow. A/::.1.JJ n..n j NL~ /7)
No. Describe why oat.
C/IY t tJA.-rS\$}1crJ VI ~ r: ~
~T1WOAk
iv
B. GOAL - ECONOMIC VITALITY
Oblective'io. 1 - Determine and strive for a balance of commerce.
industry and population.
The goal of the Wilds is to achieve a mix of uses of residentiaL commercial and
recreational uses upholding the highest development standards possible in the industry.
Oblective ~o. 3 - Promote sound land use.
As stated earlier. it is our intent to develop the commercial center in accordance with
goals of the Comprehensive Plan. The tirst step in this process is to establish the land
use and zoning approvals for the site. A.s detailed phasing is initiated. the rest of the
policies to promote sound land use will fo11o\\,'.
Objective "'\.jo -+ - ~laintain high standards in the promotion and
development of commerce and industry.
Our past experience in developing the \Vilds has been with the highest standards possible
in the metropolitan area. In order to preserve the character of the existing development.
the Wilds North will only develop to the same high standards in architecmre. landscaping
and uses which will compliment the existing development.
Wilds North is adjacent to the \\lilds and is serv'iced by existing trunk services. It is only
required to extend lateral sewered and water in order to develop the property.
In summary. it is imperative that we keep moving forward together in this development
process. Expectations are to develop the \Vilds ~orth as an upscale commercial area that
will provide the service and convenience expected for the W'ilds neighborhood as well as
surrounding neighborhoods.
5
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West, a distance of 549.10 feet; thence South 00 degrees 33 minutes 34 seconds East, a
distance of 219.50 feet; thence South 64 degrees 38 minutes 03 seconds West, a distance
of 702.45 feet to the East line of the West 378.70 feet of said North Half of the Northeast
Quarter; thence South 00 degrees 00 minutes 03 seconds East along said East line, a
distance of 408.34 feet, to the South line of said North Half of the Northeast Quarter,
thence North 89 degrees 47 minutes 10 seconds West, along said South line, a distance
of 170.00 feet, to the East line of the West 208.70 feet of said North Half of the
Northeast Quarter; thence North 00 degrees 00 minutes 03 seconds West, along said East
line of the West 208.70 feet, a distance of 208.70 fee~ to the North line of the South
208.70 feet of said North half of the Northeast Quarter; thence North 89 degrees 47
minutes 10 seconds West, along said North line of the South 208.70 feet, a distance of
208.70 feet, to the West line of said North Half of the Northeast Quarter; thence North
00 degrees 00 minutes 03 seconds West, along said West line, a distance of 1119.15 feet
to the North line of said North Half of the Northeast Quarter; thence South 89 degrees 36
minutes 20 seconds East, along the North line of said North Half of the Northeast
Quarter. a distance of 1760.56 feet. to the point of beginning. (Containing 19.5 acres of
land).
Or more commonly described as 19.5 acres of vacant land located southeast of the intersection of
CR. 42 and 83.
Legal Description of Parcel B:
The North 20 acres of Government Lot 2. Section 26, Township I' ~. Range 22. Scott County,
Minnesota. (Containing 20 acres of land).
Or more commonly described as part of a 54 acre, vacant tract of land owned by Leo Vierling
and located adjacent to the shore of Prior Lake, east of the subdivision of Carriage Hills, west of
the subdivision of Knob Hill and south of Carriage Hills Parkway. The subject site is the north
20 acres of land located adjacent to Carriage Hills Parkway.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
flL~~-~XjZ6-~J- U
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, August 12, 1995.
Date Mailed: August 10, 1995
'.SU9502P~r
2
I
INFO~\1ATlON SUBMISSION FOR
MINOR COMPREHENSIVE PUN A!\1ENDMENTS
This summary worksheet must be filled out and submitted to the Metropolitan Council with a
copy of each proposed minor comprehensive plan amendment. Minor amendments include, but
are not limited to:
1. Changes to the future land use plan where the affected area is small or where the
proposed future land use will result in minor changes in metropolitan service demand.
2. Changes (land trades or additions) in the urban service area involving less than 40 acres.
3. Minor changes to plan goals and policies that do not change the overall thrust of the
comprehensive plan.
Please be as specific as possible; attach additional explanatory materials if necessary. If a staff
report was prepared for the Planning Commission or City Counca please attach it as well.
Communities submitting regular plan amendments may wish to enter this form or a reasonable
facsimile into their word processing menu for ease in preparation of the form.
Send plan amendments to: John Rutford, Referrals Coordinator
Metropolitan Council, Mears Park Centre
230 E. Fifth St., St. Paul, MN 55101-1634
I. GENERAL INFO~vtATION
A Sponsoring governmental unit C i 1'( O~ Ft2.101l. LA k~
Name of local contact person DON R\{~ - DlrL~c."'i'Of(. ar- P/"'ANNIN&,
Address I~Qoa EAGlr= C:TZEFi< AVE. I pF<16~ LA~ ) /VtINN. '55~7'2-
Telephone ~'Q- 44/- 4Z3 0 .
Name of Preparer (if different from contact person)
PON R. '1 E
, Date of Preparation
B. Name of Amendment kJ /W~ 1\.JblLT1-+
DesaiptioolSummary MIN~ AfrlE100MeNr ro 1NCLUO~ J~TD mE MVSA-
Q.() t ALtl..'1!.e-s Dr L~n PrtE:SElUlLY ~lYr '''1 Tl4F M/J.~A.
THE pf(OPOSED USE OF- n-fE LAND
C. Ple3Se attach the following:
1. Five copies of the proposed amendment.
2. A city-wide map showing the location of the proposed change.
3. The current plan map(s), indicating ari:a(s) affected by amendment.
4. The proposed plan map( s), indicating area( s) affected by amendment.
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B. Changes to Urban Service Area Boundary
Will the proposed amendment require a change to the boundary of the
community's urban service area?
..~ NolNot applicable.
Yes. Under I. C., a map should be attached to show the proposed change.
c. Changes to Tuning and Staging of Urban Service Area
Will the proposed amendment require a change to the timing and staging of
development within the urban service are~?
'v No/Not Applicable.
_ Yes. Under 1. C., a map should be attached to show the proposed change.
D. Wastewater Treatment
1. Will the proposed amendment result in a change in the projected sewer
flows for the community?
"" No/Not Applicable.
~ Yes. Indicate the expected change.
, Total Year 2000/2010 flow for ~m~u~tyn
based on existing plan I . ~~/ ~. ~ 0 million gallons/day
Total 2000/2010 flow for community
t based on plan amendment j. R 2-/2.38 million gallons/day
2.
If your community discharges to more than one metropolitan interceptor,
indicate which interceptor will be affected by the amendment.
~
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3.
Will flows be diverted from one interceptor service area to another?
~ NolNot applicable.
Yes. Indicate the change and volumes (mgd.) involved.
E. Transportation
1. Will the proposed amendment result in an increase in trip generation for
the affected area?
"'" No/Not applicable.
Ye:s. Describe effect.
f\Jo S, bl\j , F I CANI \ ~c. S2..CA~e I ^-J 112 J P ;7e;)tJ En.A TJ 0 I\J
iii
NOTICE OF PUBLIC HEARING TO CONSIDER A REZONING PETITION
FOR THE PROJECT K.1~OWN AS "THE WILDS NORTH"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station # 1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on lVlonday, August 28, 1995 at 7:00 p.m.
The purpose of the public hearing is to consider a proposal to rezone two properties within the
City of Prior Lake. The specific rezoning proposals are outlined below:
PROPOSAL 1 - REZONE PARCEL A FROM A-I :\GRICULTURAL TO B-1. LIlVlITED
BUSINESS:
The proposal is change the zoning designation of 19.5 acres of A-I, Agricultural land to 8-l.
Limited Business. The subject site, (PARCEL A), is located southeast of the intersection of
County Roads 42 and 83).
PROPOSAL 2 - REZONE R-l. SUBURBAN RESIDENTIAL TO A-I. AGRICULTURAL:
The proposal is to change the zoning designation of 20 acres of R-I, Suburban Residential land
to A-I, Agricultural. The subject site, (PARCEL B), is located east of the subdivision of
Carriage Hills. west of the subdivision of Knob Hill and south of Carriage Hills Parkway.
Legal Description of Parcel A:
That part of the North Half of the Northeast Quarter of Section 28. Township 115, Range 22,
Scott County, Minnesot~ described as follows:
Beginning at the Northwest comer of the East 872.80 feet of said North Half of the
Northeast Quarter; thence on an assumed bearing South 00 degrees 25 minutes 35
seconds West, along the West line of said East 872.80 feet, a distance of 187.87 feet;
thence Southwesterly, a distance of 244.50 feet, along a tangential curve concave to the
Northwest having a control angle of 94 degrees 54 minutes 23 seconds and a radius of
147.61 feet; thence South 61 degrees 19 minutes 21 seconds West, not tangent to last
described curve, a distance of 43.80 feet; thence South 86 degrees 29 minutes 41 seconds
West, a distance of 549.10 feet; thence South 00 degrees 33 minutes 34 seconds East, a
distance of219.50 feet; thence South 64 degrees 38 minutes 03 seconds West, a distance
of 702.45 feet to the East line of the West 378.70 feet of said North Half of the Northeast
Quarter; thence South 00 degrees 00 minutes 03 seconds East along said East line, a
distance of 408.34 feet, to the South line of said North Half of the Northeast Quarter,
thence North 89 degrees 47 minutes 10 seconds West, along said South line, a distance
of 170.00 feet. to the East line of the West 208.70 feet of said North Half of the
RZ03P~ DOC
16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.<\N EQL:AL OP!'OR"P,..:~ITY s'''1PLOYEH
" -..;""-_...............-
3. Will the plan amendment result in runoff which affects the quality of any
surface water body? If yes.. identify which ones.
Yes. U t\.) DCfE12.J\'\ ))JaJ ~I 1 HIS n tt\ E
No.
4. Will the water body be protected?
Yes. Descnbe how.
No. Explain why not.
IV. IMPLEME.'ITATlON PROGRAM
A Official Controls
Will the proposed amendment require a change to zoning. subdivision. on-site
sevier ordinances or other official controls?
"'-_ No/Not Applicable.
~ Yes. ~. me effec ~
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v
MINUTES FROM THE AUGUST 28, 1995
PLANNING COMMISSION MEETING
Document2
PAGE I
Criego: consider cul-de-sac for safety which is important for 23 additional homes;
drainage is important and should be investigated; recommend to table.
V onhof: concur with Commissioners; additional information should come to us; suggest
to table.
Mr. Krier stated one of the issues Staff asked them to do is to extend Conroy Street. If
the Conroy Street matter can be resolved it would help them know how to develop the
area. They are willing to do this either way.
MOTION BY ARNOLD, SECOND BY ROSETH TO TABLE THE SCHEMATIC
PUD, REZONING, PRELIMINARY PLAT, VARIANCE AND CONDITIONAL
USE PERMIT.
Discussion: All Commissioners will go out on the site; will not table to exceed more
than 60 days.
Vote taken signified ayes by Arnold, Roseth, Kuykendall, Loftus and Vonhof. MOTION
CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS TO CLOSE THE PUBLIC
HEARING.
V ote taken signified ayes by Arnold, Loftus, Kuykendall, Roseth and V o nho f. MOTION
CARRIED.
A recess was called at 9:44 p.m. The meeting reconvened at 9:51 p.m.
ITEM #2 PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO
THE PRIOR LAKE YEAR 2000 COMPREHENSIVE PLAN FOR THE PROJECT
KNOWN AS "THE WILDS NORTH".
A sign-up sheet was circulated to the public in attendance.
Planning Director Don Rye presented the information in the Planning Report dated
August 28, 1995.
A summary of his report is as follows:
The applicant, RKB Inc. applied to amend the Comprehensive Plan land use designation
on the subject property from Agricultural to Commercial, extend the Municipal Urban
Service Area (MUSA) to include the subject property and to change the zoning
designation from A-I, Agricultural to B-1, Limited Business. The subject property is a
parcel of land located at the southeast comer of the intersection of County Roads 42 and
83 and having an area of 19.5 acres. Material submitted in support of the application
MN82895.DOC
PAGE 7
shows potential land uses to include a gasoline service station, fast food restaurants,
grocery store, hardware store, banks and dry cleaning. The land use mix is indicated as
being conceptual in nature. The applicant has indicated the first phase of the development
will consist of a gasoline station and fast food restaurant.
The Staff recommendation and finding is the general designation of Commercial is
appropriate and direct further consideration of commercial land use alternatives with
emphasis on destination-type land uses for the site and proper land use controls while
deferring action on the zoning change.
Timn Jacobs, Project Director for the Wilds, emphasized two issues, usage of the land
and the rezoning of the land. The configuration of the road would be determined at the
preliminary plat/final plat application. The reason this proposal did include some
indication of access was because of issues with Scott County concerning what they could
do and not do. Timing is important - the Comprehensive Plan has been delayed. Before
the delay, The Wilds made contractual arrangements with Amoco and McDonalds. Mr.
Jacobs said staff recommended applying for an amendment. Mr. Jacobs feels there are
not a lot of services in this area. He is confident the surrounding area will be residential.
Mr. Jacobs also explained the buffer area between the commerical and residential
properties.
Jim Halek, 14869 Manitou Road, said he had some involvement with The Wilds
conception. Mr. Halek would like the commerical area to help with his taxes and feels it
would benefit Prior Lake.
Tom Chaklos, owns the 40 acres at the half mile point referred to. He feels The Wilds
needs the zoning change. His concern is for the access road. (Rye explained the
County's policy and the guidelines.) Mr. Chaklos would also like to see the speed limit
dropped to 45 mph. (Commissioner V onhof stated they could make the request. Rye
explained the request process.)
Court McFarlane, speaking for Dick Klimmeck, has a concern with the 2010
Comprehensive Plan and how it will affect the current land owners. This decision will
also have an impact on future developments. The Klimmecks do not want to see a delay
in the 2010 plan because of what is happening with this rezoning. (Rye - more emphasis
has been put on the 2010 Plan than is warranted. Adopting the plan does not mean it is
all going to change - the City is still bound by the MUSA extensions and the
Metropolitan Council makes the decisions.)
Monica Anderson, 2853 140th Street NW, stated no one has approached them on the
access issue on County Road 42.
Timn Jacobs, addressed Mrs. Anderson's concern, he did not receive the letter from the
City until late last week and was not able to do that process and fully intend to alleviate
her concern and get a mutual agreement worked out.
MN8289S.DOC
PAGE 8
Ray Peterson, 13901 Canterbury, lives directly across the proposed development. He is
concerned about the access on County Road 42 and how they are going to handle the
wetland. The intersection is very dangerous. He has a concern for spot development. He
would prefer to see an overall plan. Whether they develop it now or later is immaterial.
There is also indication of a lift station and he would like to know the cost to maintain
and how is he affected, i.e. higher assessments. His neighbors are concerned with these
proposed changes as well.
Comments from Commissioners:
Roseth: no problem with the MUSA extension - actually taking out more property than
putting back in; the property is going to develop; the City needs commercial property;
likes the concept; need the ins and outs of the access and speed limits.
Loftus: down side on spot zoning on an overloaded comer; logical development other
places; concern with dealing with an estate of the party involved in the land exchange.
Kuykendall: in general supports Staff recommendation; the only reservation he fails to
see any fiscal impact statement made or put together; would like to see a total cost benefit
analysis of all the pending public improvements giving different scenarios; if it is a plus
to the City economically when is it going to payoff? When do we break even? Would
like to see the numbers before we proceed.
Arnold: comment in the Staff Report that the Metropolitan Council prefers a two to one
exchange when it is commerical; will this be approved by the Metropolitan Council. Are
they going to look at this as a good exchange? (Rye explained the major and minor
amendments. This would fall into the minor amendment category - not a significant
change in the regional system.) Explanation of originally trading 20 acres to
Metropolitan Council's recommendation of 40 acres.
Criego: The 2010 Plan indicates a portion of the area was going to be rezoned
commercial; we are basically moving ahead of the Plan. (Rye - the general land use
designation of commerical is acceptable there are other concerns need to be addressed
further, one being, the emphasis on destination land uses. Another is, what the proper
zoning approach should be. May want to include in the Comprehensive Plan Amendment
some specific direction provided for that property so there is a basis when the zoning is
amended to reflect that rather than trying to negotiate it at the time the zoning process is
conducted.) safety issue with traffic; it is up to developers to determine the land
destination.
Vonhof: no objection to plan - the Notice was for 20 acres not 40 acres; agree with
Commissioner Criego in relation to moving ahead with the plan; changing conditions on
the west side of the City; heavy traffic on County Road 42; we should get a determination
on the acreage.
MN82895.DOC
PAGE 9
Open Discussion: the City does not control the Mystic Lake Casino traffic; would like
to talk about this in more detail; need to see finance numbers; issue today is - do we want
commerical?; better zoned B-1; issue of 20 vs. 40 acres; green acres program;
MOTION BY ARNOLD, SECOND BY LOFTUS TO TABLE THE MATTER TO THE
SEPTEMBER 11, 1995 PLANNING COMMISSION MEETING.
V ote taken signified ayes by Arnold, Loftus, Kuykendall, Roseth and V onhof. MOTION
CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH TO CLOSE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Roseth, Kuykendall, Loftus and V onhof. MOTION
CARRIED.
Commissioner Kuykendall requested Staff to obtain more information on costs, the
impact and additional traffic improvement.
ITEM #3 CONSIDER HOME OCCUPATION REQUEST FOR LAURIE J.
CAMPBELL. 16420 MANDAN AVENUE SE. TO OPERATE A THERAPEUTIC
MASSAGE BUSINESS.
Associate Planner Michael Leek presented the information in the Staff Report dated
August 28, 1995. Staff recommended approval with the following conditions:
1. No off-site parking. On-site parking for a maximum of two (2) customer vehicles must be
provided.
2. No exterior signs identifying the business, its products, or services.
3. No sale of products on the premises.
4. No employees beyond the one (1) applicant/operator.
S. The home occupation permit may not be sold, transferred or assigned.
6. The Home Occupation permit is subject to all applicable ordinance and legal requirements.
Violation of any ordinance or legal requirement shall be deemed grounds for immediate
revocation of the Home Occupation Permit.
7. The Home Occupation may be reviewed annually by the City.
Applicant Laurie Campbell stated she was present and had nothing to add to the Staff
Report.
Comments from Commissioners:
Loftus: supportive of application and recommends adoption of the Resolution.
MN82895.DOC
PAGE 10
Docurnent2
STAFF REPORT FROM THE SEPTEMBER 25, 1995
PLANNING COMMISSION MEETING
PAGE 1
PLANNING REPORT
AGENDA ITEM: 7
SUBJECT:Public Hearing to consider Amendments to the Land Use and Public
Utilities sections of the Comprehensive Plan,a MUSA extension and a zoning change
from A-l,Agricultural to B-1, Limited Business
SITE:Southeast corner of County Roads 42 and 83
PRESENTER:Donald Rye
PUBLIC HEARING: X YES NO-N/A
DA TE:September 25,1995
INTRODUCTION:The applicant, RKB Inc., has applied to amend the
Comprehensive Plan land use designation on the subject property from Agricultural
to Commercial, extend the Municipal Service Area (MUSA) to include the subject
property and to change the zoning designation from A-I, Agricultural to B-1,
Limited Business. The Planning Commission heard this request on August 25,1995.
Because the original application indicated a land trade of 20 acres was to be made
with a property currently within the MUSA and this was changed to 40 acres after
the public hearing notice, it was necessary to publish another notice.
At the August 28th meeting, the Planning Commission focused on three major
issues: 1) Costs; 2) Traffic improvements and 3) Whether the proposed timing of
development constituted spot guiding and zoning.
DISCUSSION:
Costs:The previous staff report stated that the City was not in a financial position to incur
costs for infrastructure improvements for this proposal and that approval of the request
should be conditioned on complete infrastructure development by the developer. The cost
of extending utilities to the site as well as any required road improvements will be a cost
to be borne by the project and not the City.At this time, development plans have not been
developed at a sufficient level of detail to enable accurate cost estimates to be made. The
magnitude of these costs will influence the economic viability of any development on the
site, but these costs are the developer's responsibility.
The only improvements for which cost data are available are for County Roads 42 and
83.. The segment of County Road 42 from F erndale Avenue to County Road 21 is
scheduled for 1996 or 1997 and is estimated to cost $2,090,000 while the segment from
County Road 21 is currently scheduled for 1998 at an estimated cost of $2,310,000. The
16200 ~~p~ek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL"AL OPPORTCNIn. E~lPLOYER
estimated cost of the City's share of these projects is $800,OOO.This road project cost
includes the cost of extending a 12 inch watermain as part of the project but does not
include sanitary sewer extension because the bulk of the area is not within the MUSA and
it is not currently known when the Metropolitan Council will authorize an extension to
serve this area.
The upgrading of County Road 83 from County Road 42 to County Road 82 was listed
in the 1994 CIP with a cost of $4,000,000. The City's share of this project was to be
$400,000 with the remainder to be paid by the County, The Wilds and the Dakota
Community. It was noted in the CIP that this project wasn.ot in the County's CIP and the
project is not contained in the current draft CIP because of funding uncertainties.
The City's share of these County Road projects comes from the ad valorem tax levy as it
is felt that these roads are of general benefit to the entire community.
Traffic Improvements:The projected roadway improvements were noted above. Both
County Roads 42 and 83 are to be constructed with a four lane rural section with
channelized intersections.The County Road 42 project is in the County's CIP while
County Road 83 is not.The draft Transportation Plan projects a Level of Service F on
County Road 83 with year 2015 traffic volumes if no improvements to the roadway are
made and recommends upgrading this segment of road to four lane divided with
channelized intersections.
The staff report for the August 28th meeting indicated the site would generate
approximately 5,100 vehicle trips per day at full development and that County Road 83
would carry 36,000 vehicles per at that time. The report also noted that the transportation
consultant assumed commercial development at this location and factored that into the
traffic projections.
Timeliness of Development:The August 28th staff report discussed a number of policies
to be considered in evaluating this request, including the following:
. The City is committed to a policy of staged growth and will manage the extension of
utilities in areas which already include public services.
. "Spot" guiding and zoning with disregard for adopted standards and criteria to satisfy
special interests shall be discouraged or prohibited.
. Extend utilities only to areas contiguous to existing MUSA boundaries in accordance
with approved growth and capital improvement plans.
. Industrial and commercial areas should interface with the community rather than be
developed solely to capture vehicular traffic traveling through the City.
. These policies are to be used in evaluating proposals for Comprehensive Plan
amendments.
AL TERNA TIVES:The alternatives presented in the previous staff report are still
available. They are:
1. Find the overall proposal inconsistent with Comprehensive Plan policies and
recommend denial of the requests for Land Use Plan amendment, Public Utilities Plan
amendment, MUSA extension and zoning change to B-1, Limited Business.
WILDSCPlDOC
2. Find the overall proposal consistent with Comprehensive Plan policies and
recommend approval of the amendments to the Land Use and Public Utilities Plans,
the MUSA extension and the zoning change to B-1, Limited Business.
3. Find the general designation of Commercial to be appropriate and direct further
consideration of commercial land use alternatives with emphasis on destination-type
uses for the site and the appropriate land use controls for the site while deferring
action on the zoning change and MUSA extension. .
4. Other actions as determined and specifically directed.
RECOMMENDATION: If the Planning Commission determines that an amendment is a
justified at this time, staff recommends Alternative 3.
ACTION REOUlRED:
Motion specifying recommended action. If the action is to either approve or deny,
the motion must be to direct preparation of a resolution with findings implementing
the desired action.
WlLDSCPI.DOC
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
2
PUBLIC HEARING TO CONSIDER AMENDMENTS TO
THE LAND USE AND PUBLIC UTILITY SECTIONS OF
THE COMPREHENSIVE PLAN, A MUSA EXTENSION
SITE: Southeast corner of county roads 42 and 83
PRESENTER: Donald Rye, Planning Director
PUBLIC HEARING: Yes
DATE: August 28, 1995
INTRODUCTION:
The applicant, RKB Inc. has applied to amend the Comprehensive Plan land use
designation on the subject property from Agricultural to Commercial, extend the
Municipal Urban Service Area (MUSA) to include the subject property and to
change the zoning designation from A-I, Agricultural to B-1, Limited Business. The
subject property is a parcel of land located at the southeast corner of the
intersection of County Roads 42 and 83 and having an area of 19.5 acres. Material
submitted in support of the application shows potential land uses to include a
gasoline service station, fast food restaurants, grocery store, hardware store, banks
and dry cleaning. The land use mix is indicated as being conceptual in nature. The
applicant has indicated that the first phase of the development will consist of a
gasoline station and fast food restaurant.
SITE PHYSICAL CHARACTERISTICS:
. s..illh The soils on the site consist primarily of Hayden loams with slopes ranging
fronl 2~'O to 180/0. There are two areas of Glencoe and Webster-Glencoe soils. one in
the northwest comer of the site and one in the south central portion of the site. The
Hayden soils are generally ,veil-drained with good bearing capacities while the
Glencoe and Webster soils are poorly drained, typically have a high clay content and
present severe constraints for development. The applicant has indicated that these
soils are to be treated as wetlands in the overall development plan for the site and that
these areas total approximately 8 acres in area.
. Topof:raphy The low point of the site is in the northwest corner of the site
immediately adjacent to the intersection. The property rises steadily to the south along
County Road 83 to the high point on the site which is approximately 50 feet above the
1620~~g~~CCreek Ave.. Prior Lake, Minnesota 55:f12-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORnJNI1Y' E."1PLOYER
low point. To the east, the property is rolling and includes one of the wetlands
mentioned above.
· V e~etation Most of the property has been used as cropland or pasture in the past and,
as a result, the only trees on the site of any significance are associated with the
farmstead located on the site. The remainder of the site is covered with assorted
grasses , shrubs and other low growth.
· Wetlands As noted, there are two wetland areas on the property. At present, the
applicant plans to preserve these wetlands rather than filling them and instituting the
mitigation process.
ACCESS:
The site is bounded on the north by County Road 42 and on the west by County Road 83.
Wilds Drive abuts the property on the south. The site has 1,119 feet of frontage on
County Road 83 and 1,750 feet of frontage on County Road 42.
MUSA POLICY:
At present, the MUSA boundary abuts the property to the south which lies within the
Wilds development. Metropolitan Council policy regarding MUSA extensions states that
MUSA extensions will only be considered under limited circumstances. Specifically, they
will allow extensions only if the City has used up the developable land within the MUSA
limits ill if land currently within the MUSA is traded out to allow the other land to be
brought in to the MUSA. The applicant has submitted an agreement with a property
owner within the MUSA wherein the property owner has agreed to allow 40 acres of his
land to be transferred out of the MUSA to allow the applicants property to be included.
The land trade in this case is not one acre for one acre as the Metropolitan Council has
indicated that commercial land generates more sewage flows per acre than does
residential land and, as a result, such a trade must be made on a two acre for one acre
basis.
COMPREHENSIVE PLAN GOALS AND OBJECTIVES:
Current Plan
There are several policies in the current Comprehensive Plan which are relevant to the
proposal. These are as follows:
1. Policy 13- Major capital investments shall be reviewed closely each year to eliminate
the possibility that utilities will be extended in advance of actual need.
2. Policy 14- The City is committed to a policy of staged growth and will manage the
extension of utilities in areas which already include public services.
3. Policy 2, page 44- In an effort to minimize unused capacity of existing utility
systems, new development shall be encouraged to occur in "skipped over" areas.
Proposed Comprehensive Plan
The draft Comprehensive Plan currently being reviewed by the Planning Commission
contains a number of Objectives and Policies which relate to the proposal. These are as
follows:
WILDCPDOC
PAGE 2
· Economic Vitality-Objective 2 is to encourage a diversified economic base and a
broad range of employment opportunities. Policy a. is to encourage a mixture of and
diversity of industrial and commercial land uses that will remain comparatively stable
under changing economic conditions. Policy c. states that services provided by the
City should be within the fiscal and financial capability of the City, including the
prudent use of debt.
· Objective 3 is to promote sound land use. Policy c. states that industrial and
commercial land uses should be located in planned areas. Policy e. states that
industrial and commercial areas should interface with the community rather than be
developed solely to capture vehicular traffic traveling through the City. Policy f.
states that new development should contribute to the function and success of the
adjacent neighborhoods and the community.
Security- Objective 2 is to provide a rational tranSItIon for compliance with new
standards when a change in ordinance or land use classification is necessary. Policy c. is
to discourage and/or prohibit the following:
1. "Spot" guiding and zoning with disregard for adopted standards and criteria, to satisfy
special interests.
2. Reguiding or rezoning of land uses in unserviced and/or future development areas
when adequate zoned land is available in serviced areas of the City.
3 . Urban development beyond existing utility service areas.
. Access- Objective 1 is to provide for an effective and diversified transportation
system to achieve quick and convenient access between the City, airport and rural
Minnesota. Policy n. states that a trail system should be developed in a manner that
provides access within and among neighborhoods, business districts, schools,
churches and parks. and which promotes pedestrian and non-motorized vehicle safety
near high volume roadways.
. Objective 2 is to maintain orderly development of, and access to, utilities. Policy b. is
to extend utilities only to areas contiguous with existing utility service boundaries, in
accordance with approved growth and capital improvement plans.
All of the above policies and objectives have some bearing on the request being
considered. The degree to which the proposed development complies with these policies
and objectives will be discussed below in the Analysis section of this report.
COUNTY POLICIES:
The primary County policy which will apply here is the policy related to access spacing
on County roads. The draft County Transportation Plan calls for a minimum separation of
one-half mile between road accesses to a County road and discourages individual
property access to the road. While these are indicated as being guidelines, the County
Engineers Office has not been inclined to deviate significantly from these guidelines
without good cause.
WILDCPDOC
PAGE J
ANAL YSIS:
. Land Use
The land use mix proposed for the parcel is intended to serve passers-by as well as
community residents. The fast food establishments and service station will appeal
primarily to persons passing the site and will function in this way for some time to come,
given the current level of residential development in the vicinity. In that respect, there is a
question of timing as it may be several years for the uses which are destination uses to be
established in response to nearby residential development. During this time period, the
development would not comply with Economic Vitality Objective 3, policy f. which
states that new development should contribute to the function and success of the adjacent
neighborhoods and community. It could also be construed to be inconsistent with
Security Objective 2, Policy c. which discourages "spot" guiding and zoning with
disregard for adopted standards and criteria to satisfy special interests and with Access
Objective 2, policy b. which states that utilities will only be extended to areas contiguous
with existing utility service boundaries in accordance with approved growth and capital
improvement plans. As indicated, the proposed utility extensions are not contained in the
City's current Capital Improvement Program.
The primary issue here for the Planning Commission is to decide whether the proposed
land use change is premature with regard to existing and proposed policies and objectives
or whether the proposed change is consistent with these policies or will be within a
reasonable time frame.
Also of some concern is the relationship of the subject property to adjoining properties. A
single family house is located adjacent to the southwest corner of the site with access to
County Road 83 and was not included in the requested amendment as it is in separate
ownership. Immediately south of the house is that portion of the Wilds which is proposed
for hotel use. Some thought needs to be given to the relationship between these properties
and what land use pattern makes the most sense at this location. As it stands, there is little
recognition given to these relationships. The house is perhaps the critical element here
because of the road access. Presently, little can be done to alter the vertical alignment of
the road without adverse consequences to the access to the site.
The commercial use is located on a portion of a larger, 55 acre parcel. The remainder of
the property is located to the south and east of the subject property and the draft Land Use
Guide Plan shows Low Density Residential on this part of the site.
ACCESS:
The applicants proposal shows access to the site from both County Roads 42 and 83. The
specific proposal is for a full access intersection on County Road 83 approximately 600
feet south of the intersection with County Road 42. The proposal also shows a right-
in/right-out access on 42 approximately 750 feet east of the intersection with 83 and a full
access intersection with 42 on the far easterly end of the site.
The Scott County Engineer has commented on the access proposal as follows;
1. Full access to 42 will be allowed as proposed provided the property owner adjacent to
the site on the east closes their driveway and uses the new intersection with 42 for
WllDCP.DOC
PAGE 4
access and the City agrees that access to the property north of 42 will also occur at
this location.
2. The right-in/right-out on 42 will not be allowed.
3. Full access onto 83 is recommended to occur on the far southerly corner of the
property. It is also suggested that direct residential access at this point be eliminated.
4. Full access to 83 600 feet south of 42 is not recommended, but right-in/right-out
access may be considered pending resolution of full access issues elsewhere.
The effect of the County's position is to allow full access to occur only at the extreme
corners of the site with the possibility of limited access closer to County Road 42 on
County Road 83. Staff believes this raises a question about the viability of traffic-
oriented commercial uses at this location given the likely access situation. Destination
commercial uses such as banks and grocery stores can tolerate a lesser degree of access
than can the traffic-oriented uses such as fast food which suggests that the land use mix
for this location should perhaps focus more on the destination type of land use and not on
the traffic-oriented uses which require easy access and allow for rapid customer turnover.
Because of the likelihood of a right-inlright-out only access on 83, it will be necessary for
the entire internal road system to be installed with the initial development to insure
adequate emergency vehicle access.
UTILITIES:
It will be necessary to extend a trunk water main from Wilds Parkway to the subject
property to insure adequate fire flows for any commercial development on the site.
Sanitary sewer service will be provided by a piping system and lift station to carry
sewage from the site to the south to connect to the sanitary sewer system in the Wilds.
Neither of these utility extensions are contained in the City's Capital Improvement
Program as the site is currently outside the MUSA limits. The long range utility plan for
the City envisions both sewer and water trunks being extended from the east along
County Road 42 but the applicants proposal would require sewer to be brought in from
the Wilds and the necessary lift station results in a greater long-term maintenance cost. It
is the City's' view that these maintenance costs should be borne by the developer or
succeeding parties in interest in addition to the installation costs. Also, the trunk water
main should be extended to the easterly edge of the property in the initial development
phase.
City participation in the cost of extending utilities to the site would clearly be in conflict
with Comprehensive Plan policies and , as a result, the only way to deal with this issue is
to require the developer to cover the cost.
DEVELOPMENT TIMING:
As noted, there is nothing in the CIP related to utility extensions to the site and future
MUSA extensions have not yet been identified. Consequently, there is little guidance as
to when the subject property might have been incorporated in the MUSA in the normal
course of events. The Planning Commission must judge whether this MUSA extension is
reasonable in light of development pressures both here and elsewhere in the City and in
view of current City policy on the matter. Of particular concern here is the policy which
discourages zoning changes if adequately zoned land is available within the MUSA
WILDCPDOC
PAGE 5
limits. At present~ the City has 31.35 acres of land in the B-1 zoning district, 37.39 acres
in the B-2 zoning district and 96.5 acres in the B-3 zoning district. Of the total of 165.24
acres in commercial zoning in the City, less than 30 acres are available for development.
It is reasonable to conclude that there is a shortage of suitable commercially zoned land
within the MUSA.
TRAFFIC:
The applicant has indicated that, at buildout~ the site will generate approximately 5,100
vehicle trips per day. The draft Transportation plan chapter of the Comprehensive Plan
indicates that, at buildout, County Road 83 will carry approximately 36,000 cars per day
by the site and that, without improvements, this segment of road will operate at Level of
Service F which is a highly congested condition. The Plan recommends that this road
segment be upgraded to 4 lane status. The transportation consultants analysis anticipated
the commercial development at this comer and factored that into their traffic analysis.
ENVIRONMENTAL ISSUES:
As previously noted~ there are two areas on the site which appear to be wetlands subject
to protection under the Wetlands Act. The applicant has made note of these in the
application and has indicated an intent to protect the wetlands consistent with existing
rules. The larger wetland in the south-central portion of the site will serve as a separation
and buffer from land uses to the south which are projected to be residential.
The applicant has indicated his intent to remove between 125,000 and 140,000 cubic
yards of soil from the site to be used as fill in the Wilds. The result will a significant
portion of the site with relatively steep slopes which will be difficult to develop and could
lead to erosion problems. Ideally, grading of this site should be coordinated with future
development of the hotel site in the Wilds and the single family house on 83.
FISCAL ISSUES:
It has been noted that the City is not in a financial position to incur costs for infrastructure
improvements for this proposal. Consequently, any approval must take note of this and
condition approval on complete infrastructure development by the developer.If the
County requires a median divider on County Road 83 at the access point this cost would
also be borne by the developer.
The 40 acre parcel which is being traded out of the MUSA currently carries deferred
sewer assessments in $e amount of $410,636.94. The assessments were levied on the
property in 1986 but because the property is in Green Acres status, the assessments
cannot be collected. If the 40 acres is removed from the MUSA, these special assessments
would no longer sustain special benefits because the property could not be developed. If
this property is removed, this would delay the eventual repayment even further into the
future because the time line for development would be pushed back.
CONCLUSIONS:
1. The general land use designation of Commercial seems to be appropriate for the
subject property, although review of the site in relation to adjacent properties may
result in a more desirable land use pattern.
WILDep DOC
PAGE 6
2. The use of the site for traffic-oriented land uses may be compromised by the access
which the County is willing to approve.
3. The City should not incur infrastructure costs as part of this land use change nor
should it lose special assessments.
4. The Planning Commission needs to determine if the timing of the proposed
development is premature or can be accommodated within the framework of
Comprehensive Plan policies.
5. Further review of specific development proposals will be necessary at such time as
the site is developed.
6. The deferred assessments on the property to be traded should be paid off as a
condition of approval of this request.
ALTERNATIVES:
1. Find the overall proposal inconsistent with Comprehensive Plan policies and
recommend denial of the requests for Land Use Plan amendment, Public Utilities Plan
amendment, MUSA extension and zoning change to B-1, Limited Business.
2. Find the overall proposal consistent with Comprehensive Plan policies and
recommend approval of the Amendments to the Land Use and Public Utilities plan,
the MUSA extension and the zoning change to B-1, Limited Business.
3. Find the general designation of Commercial to be appropriate and direct further
consideration of commercial land use alternatives with emphasis on destination-type
land uses for the site and proper land use controls while deferring action on the
zoning change.
4. Other actions as determined and specifically directed.
RECOMMENDATION:
If the Planning Commission determines that an amendment is justified at this time, staff
recommends Alternative 3.
ACTION REQUIRED:
Motion specifying recommended action
WILDCP DOC
PAGE 1
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
2
PUBLIC HEARING TO CONSIDER A ZONING
CHANGE FROM A-I, AGRICULTURAL TO B-1,
LIMITED BUSINESS
Southeast corner of County Roads 42 and 83
Donald Rye, Planning Director
Yes
August 28, 1995
SITE:
PRESENTER:
PUBLIC HEARING
DATE:
REQUEST FOR ZONING CHANGE
Introduction
In addition to the request for a Comprehensive Plan amendment and MUSA extension,
the applicant has requested a change in the zoning on the property from A-I, Agricultural
to B-1, Limited Business. In addition, the public hearing notice indicated that a zoning
change for the property to be transferred out of the MUSA would be considered. In this
case, the change would be from R-I, Suburban Residential to A-I, Agricultural consistent
with its transfer out of the MUSA. State law requires that official controls (including
zoning) must be consistent with the Comprehensive Plan but provides no guidelines for
determining consistency. Consequently, it is left to the municipality to determine what
consistency means and how the concept should be applied.
Criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for rezoning.
Analysis
With regard to the three criteria for considering the zoning change, staff believes that the
first would not apply because the property in question has been and is being used for
agricultural purposes. The second would also seem not to apply. Traffic has increased by
a large amount since the casino was opened and traffic volumes now are in the vicinity
of 15,000 vehicles per day. While this represents a significant percentage increase, the
actual volume would not typically be considered sufficient to warrant a zoning change by
itself. In the event the Planning Commission and Council amend the Comprehensive
Plan, state statute requires that the zoning be changed so as to be consistent with the
1620'O~f~treek Ave., Prior Lake, Minnesota 55~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORnJNITY E."'1PLOYER
in a position to recommend a zoning change. The recommendation does not necessarily
have to be the same as the requested amendment if the Commission felt that another
zoning district would do a better job of implementing Comprehensive Plan policies and
objectives. If the Commission recommends the third alternative, the Commission could
defer action on the zoning change until it had considered more specific development
objectives for the property and determined what type of zoning would be most
appropriate.
Current Zoning
The B-1 zoning district is designated as a limited business district and, as such, is
intended to provide areas related to or adjoining high and medium density residential
areas on major streets for offices, retail and service establishments. The land uses allowed
in the B-1 district are as follows:
Permitted Uses
. Retail business
. Personal services
. Funeral homes
. Clinics
. Offices and banks
. Business and professional office
. Nursery schools and day care
Conditional uses
. Eating and drinking places
. Motor fuel stations with minor auto repair
. Public buildings
. Public utility buildings
. Fast food
. Private club, health club
. Theaters and assembly
. Agricultural product stands
. Minor Auto repair
. Car wash
The draft Land Use Guide Plan includes two retail shopping categories, CRS-l and CRS-
2. The CRS-l category is intended to be neighborhood-oriented and limited in scale while
the CRS-2 category envisions larger scale development intended to serve a wider area and
provide for a greater diversity of services. The designation for the subject property has
not been finalized but it is likely that it will be designated CRS-2.
The difficulty in changing zoning under current ordinance provisions is that the current
ordinance is not designed to implement the draft Comprehensive Plan. Development of a
new zoning ordinance is the next major order of business for the Commission following
completion of the Plan.
WILZONDOC
PAGE 2
The ordinance presently does not contain much in the way of performance standards,
design criteria or other means of insuring that a quality development will result unless a
Planned Unit Development(PUD) approach is followed. Typically, this approach is
elected by the applicant and a negotiation process is conducted with the City. However, if
the City wishes to exert greater control over the development of an area, the
Comprehensive Plan can spell out the justification for the pun approach and specify the
standards which have to be met in developing the area~ The City is then in a position to
require that a PUD be filed to govern the development of the area. If the Planning
Commission recommends the third Comprehensive Plan. alternative, it is recommended
that this approach be utilized in developing zoning for the area.
Conclusions
1. If the Planning Commission recommends denial of the Comprehensive Plan
amendment, it has no choice but to recommend denial of the zoning change.
2. If the Planning Commission recommends approval of the Comprehensive Plan
amendment, it should recommend approval of a zoning change but the
recommendation does not have to be the same as the applicants request.
3. Proper zoning of the site should consider all applicable Comprehensive Plan Policies
and Objectives.
4. PUD zoning is a suitable approach to use in directing the development of this
property .
Alternatives
The alternatives available to the Commission will depend on the action taken on the
Comprehensive Plan amendment.
Action required
Motion specifying desired action
WILZONDOC
PAGE 3
NOTICE OF PUBLIC HEARING TO CONSIDER.A REZONING PETITION
FOR THE PROJECT KNOWN AS "THE WILDS NORTH"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, September 25, 1995 at 7:00 p.m.
The purpose of the public hearing is to consider a proposal to rezone two properties within the
City of Prior Lake. The specific rezoning proposals are outlined below:
PROPOSAL 1 - REZONE PARCEL A FROM A-I AGRICULTURAL TO B-Ie LIMITED
BUSINESS:
The proposal is change the zoning designation of 19.5 acres of A-I, Agricultural land to B-1,
Limited Business. The subject site, (PARCEL A), is located southeast of the intersection of
County Roads 42 and 83).
PROPOSAL 2 - REZONE R-Ie SUBURBAN RESIDENTIAL TO A-Ie AGRICULTURAL:
The proposal is to change the zoning designation of 40 acres of R-l, Suburban Residential land
to A-I, Agricultural. The subject site, (PARCEL B), is located east of the subdivision of
Carriage Hills, west of the subdivision of Knob Hill and south of Carriage Hills Parkway.
Legal Description of Parcel A:
That part of the North Half of the Northeast Quarter of Section 28. Township 115, Range 22,
Scott County, Minnesota, described as follows:
Beginning at the Northwest comer of the East 872.80 feet of said North Half of the
Northeast Quarter; thence on an assumed bearing South 00 degrees 25 minutes 35
seconds West, along the West line of said East 872.80 feet, a distance of 187.87 feet;
thence Southwesterly, a distance of 244.50 feet, along a tangential curve concave to the
Northwest having a control angle of 94 degrees 54 minutes 23 seconds and a radius of
147.61 feet; thence South 61 degrees 19 minutes 21 seconds West, not tangent to last
described curve, a distance of 43.80 feet; thence South 86 degrees 29 minutes 41 seconds
West, a distance of 549.10 feet; thence South 00 degrees 33 minutes 34 seconds East, a
distance of 219.50 feet; thence South 64 degrees 38 minutes 03 seconds West, a distance
of 702.45 feet to the East line of the West 378.70 feet of said North Half of the Northeast
Quarter; thence South 00 degrees 00 minutes 03 seconds East along said East line, a
distance of 408.34 feet, to the South line of said North Half of the Northeast Quarter,
thence North 89 degrees 47 minutes 10 seconds West, along said South line, a distance
of 170.00 feet, to the East line of the West 208.70 feet of said North Half of the
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AN EQL:AL OPPORn:NITY E~IPLOYER
Northeast Quarter; thence North 00 degrees 00 minutes 03 seconds West, along said East
line of the West 208.70 feet, a distance of 208.70 feet, to the North line of the South
208.70 feet of said North half of the Northeast Quarter; thence North 89 degrees 47
minutes 10 seconds West, along said North line of the South 208.70 feet, a distance of
208.70 feet, to the West line of said North Half of the Northeast Quarter; thence North
00 degrees 00 minutes 03 seconds West, along said West line, a distance of 1119.15 feet
to the North line of said North Half of the NortheastQuarter; thence South 89 degrees 36
minutes 20 seconds East, along the North line of said North Half of the Northeast
Quarter, a distance of 1760.56 feet, to the point of beginning. (Containing 19.5 acres of
land).
Or more commonly described as 19.5 acres of vacant land located southeast of the intersection of
CR. 42 and 83.
Legal Description of Parcel B:
The North 40 acres of Government Lot 2, Section 26, Township 115, Range 22, Scott County,
Minnesota. (Containing 40 acres of land).
Or more commonly described as part of a 54 acre, vacant tract of land owned by Leo Vierling
and located adjacent to the shore of Prior Lake, east of the subdivision of Carriage Hills, west of
the subdivision of Knob Hill and south of Carriage Hills Parkway. The subject site is the north
20 acres of land located adjacent to Carriage Hills Parkway.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, September 9, 1995.
RZ03PSDOC
NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED
AMENDMENT TO THE PRIOR LAKE YEAR 2000 COMPREHENSIVE PLAN
FOR THE PROJECT KNOWN AS "THE WILDS NORTH"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station # 1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, September 25, 1995 at 7:00 p.m.
The purpose of the public hearing is to consider a proposal to amend the Public Utilities Plan and
Land Use Plan chapters of the Prior Lake Year 2000 Comprehensive Plan. The specific
proposed amendments are outlined below:
PROPOSAL 1 - PUBLIC UTILITIES PLAN AMENDMENT:
The proposal is to amend the Year 2000 Urban Service Area boundary to add 19.5 acres of
Commercial land and remove 40 acres of Public Open Space land. The amendment consists of a
proposed land exchange to add 19.5 acres of Commercial land, ( PARCEL A, located southeast
of the intersection of County Roads 42 and 83), to the Year 2000 Urban Service Area and delete
40 acres of existing Public Open Space Land, (PARCEL B, located southeast of the intersection
of Pike Lake Trail and Carriage Hills Parkway), from the Year 2000 Urban Service Area.
PROPOSAL 2 - LAND USE PLAN AMENDMENT:
The proposal is to amend the Year 2000 Land Use Plan Map to redesignate 19.5 acres of existing
Agricultural to Commercial Land Use and to redesignate 40 acres of Public Open Space to
Agricultural Land Use. The amendment consists of a proposal to change the land use of
(PARCEL A), 19.5 acres of Agricultural to Commercial land use. The amendment consists of a
proposal to change the land use of (PARCEL B), 40 acres of Public Open Space to Agricultural
land use.
Legal Description of Parcel A:
That part of the North Half of the Northeast Quarter of Section 28. Township 115, Range 22,
Scott County, Minnesota, described as follows:
Beginning at the Northwest comer of the East 872.80 feet of said North Half of the,
Northeast Quarter; thence on an assumed bearing South 00 degrees 25 minutes 35
seconds West, along the West line of said East 872.80 feet, a distance of 187.87 feet;
thence Southwesterly, a distance of 244.50 feet, along a tangential curve concave to the
Northwest having a control angle of 94 degrees 54 minutes 23 seconds and a radius of
147.61 feet; thence South 61 degrees 19 minutes 21 seconds West, not tangent to last
described curve, a distance of 43.80 feet; thence South 86 degrees 29 minutes 41 seconds
16200 ~g~JP~~eek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL"AL OPPORTC~ITY E:V!PLOYER
West, a distance of 549.10 feet; thence South 00 degrees 33 minutes 34 seconds East, a
distance of219.50 feet; thence South 64 degrees 38 minutes 03 seconds West, a distance
of 702.45 feet to the East line of the West 378.70 feet of said North Half of the Northeast
Quarter; thence South 00 degrees 00 minutes 03 seconds East along said East line, a
distance of 408.34 feet, to the South line of said North Half of the Northeast Quarter,
thence North 89 degrees 47 minutes 10 seconds West, along said South line, a distance
of 170.00 feet, to the East line of the West 208.70 feet of said North Half of the
Northeast Quarter; thence North 00 degrees 00 minutes 03 seconds West, along said East
line of the West 208.70 feet, a distance of 208.70 feet, to the North line of the South
208.70 feet of said North half of the Northeast Quarter; thence North 89 degrees 47
minutes 10 seconds West, along said North line of the South 208.70 feet, a distance of
208.70 feet, to the West line of said North Half of the Northeast Quarter; thence North
00 degrees 00 minutes 03 seconds West, along said West line, a distance of 1119.15 feet
to the North line of said North Half of the Northeast Quarter; thence South 89 degrees 36
minutes 20 seconds East, along the North line of said North Half of the Northeast
Quarter, a distance of 1760.56 feet, to the point of beginning. (Containing 19.5 acres of
land).
Or more commonly described as 19.5 acres of vacant land located southeast of the intersection of
CR. 42 and 83.
Legal Description of Parcel B:
The North 40 acres of Government Lot 2, Section 26, Township 115, Range 22, Scott County,
Minnesota. (Containing 40 acres of land).
Or more commonly described as part of a 54 acre, vacant tract of land owned by Leo Vierling
and located adjacent to the shore of Prior Lake, east of the subdivision of Carriage Hills, west of
the subdivision of Knob Hill and south of Carriage Hills Parkway. The subject site is the north
40 acres of land located adjacent to Carriage Hills Parkway.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, September 9, 1995.
"CPO I PN"
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