HomeMy WebLinkAbout11-23-98REGULAR PLANNING COMMISSION AGENDA
MONDAY, NOVEMBER 23, 1998
6:30 p.m.
2.
3.
4.
Call Meeting to Ordei':
Roll Call:
Approval of Minutes:
Public Hearings:
A. Case #98-152 Consider an amendment to Section 5-5-15 (D) of the City Code and
Section 6.15 (D) of the Zoning Ordinance relating to the hours of operation for a
gymnastic school in the Business Park (BP) Zoning District.
$. Old Business:
A. Case #98-019 Consider an official map for a ring road in the southeast comer of
Highway 13, from Frankrm Trail to Tower Street.
o
New Business:
Announcements and Correspondence:
Adjournment:
16200 ~'3~ e~[Pet~° v~e.~,n~5?~>¥~[a~°~Ce, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
NOVEMBER 9, 1998
1. Call to Order:
The November 9, 1998, Planning Commission meeting was called to order by Chairman
Stamson at 6:35 p.m. Those present were Commissioners Cramer, Stamson
and Vonhof, Planning Director Don Rye,
Connie Carlson.
2. Roll Call:
Vonhof Absent ..:~,~, ............
Kuyke dali Present .:~::i¢~~ .... .
Stamson Present
*Commissioner Vonhof arrived at 6:36 g!~ii!::~i~:~ .......
The M~nutes from the Octob~[~i~i~i~?98 PI~ Comm~s~mn meeting were approved as
presented.
4. Pubhc Hearlgl!~, ................ ..... :::....
A. Case File #98-13~:{~ lgl~ii'~/a P.D. Arcade and Billiards is
requesting u'~i~rmit to operate an arcade with billiards ~n the B-3
District ~ '~:'iiiiiiiii~ii::~::...
; Report dated November 9, 1998 on file in the
IcLrp) from Larry
Mechura m 1998. This item is a result of Ordinance 96-24 which was
16, 1996 permitting Game Rooms in the B-3 General Business
District as a co~ffitional use. Staff, the Planning Commission, and City Council
supported the ordinance amendment as a conditional use.
Staff is of the opinion the proposed use would be appropriate to the location given the
recent ordinance amendment to allow game rooms as conditional uses. Staff
recommends the Planning Commission approve the CLIP with the conditions specific to
ordinance 96-24 such as hours of operation and supervision to be incorporated into the
resolution. Resolution 98-34PC approves the Conditional Sign Permit for the proposed
use.
l:\98files\ggplcomm\pcmin~nn 110998.doc I
Questions by Commissioners:
Cramer questioned staff on the conditional use permit being transferable if the business is
sold to another owner. Tovar explained a Conditional Use Permit runs with the property
not the owner and went on to explain expansion and uses.
Kuykendall questioned staff on what is to prevent future applicants fi:om::~ for a
liquor license. Are there are restrictions in the Conditional Use Permi~i::~ future use?
Tovar said the Commissioners could make it a condltmn and gav,e.~gii~e~ig~rvaew of the
permitted uses in the zoning ordinance.
Comments from the Public:
.... ~iiiii!ii!~::" ====================== ....
Larry Mechura, 16587 Five Hawks Avenue, sees a n~:iiike thl~i!~r the youth of ~r
Lake. He is basically targeting the 18 to 21 year ol~i~::i~::~ouUi~i~o pick
up
younger
kids as well. The curfew will be enforced. He feels the"~::i~i;r'~ :~:':: ;~::elosing at 1:00
a.m. would work well. He does not want clientele leaving ~ii~s to come in to this
establishment. .
Comments from the Commissioners: ::::i::~:~ .......
............ ======================================================= ....
· Agreed with applicant,:A~iii~i~ idea fo?~e younger'people to congregate.
· Questioned the sog~iii~:~stem i~iii~e buildind!iiiii!i~. Mechura responded AAA Vending
will be handlin.,g.,..:t~i:~gystem. H~!i~ould have ~]~e box or a system with just speakers.
They do not w~"~i~i~eate ........... ' ..... the music will just be on the
billiard side. the bar.
· The There would have to be
permit.
· at the end of the year, before the
, with the police department to see if there are any issues to
· Agreed t~ii~'"annual'" "" ':::'Condition Use Permit is appropriate.
· Question to i~I~- What is the position of the property owner? The property owner is
not present ~d should be aware of the conditions. Tovar explained Mr. Mechura is
working with the property owner and the conditions must be met to get the permit.
· How will the nearby patrons be controlled who might bring in liquor? Mechura
stated no liquor or smoking will be allowed. He will also be installing new
bathrooms within the facility. A gate will be put up in the mall preventing other mall
patrons from entering.
· Listing no mall traffic during evening hours should be a condition.
· Feels "No Smoking" should be one of the conditions.
· Mechura is aiming at Christmas or after the first of the year for opening.
l:\98files\98plcomm\pcminXnm I 10998.doc
· Mechura explained the mall entry and arcade access.
· Tovar clarified "adult over the age 21" and "adult".
CFamer:
· Main issue was reviewing CUP after one year with a police report.
· Supportive of application. There is definitely a need in this area.
· Restrict smoking.
· Fantastic addition to the area.
Stamson:
· Feels comfortable with the application. Applicant has reall'
doing and has taken pro-active steps for most of the
· Agreed with Vonhof on loitering.
· Other concerns have been addressed.
· Support reviewing the application in a year.
· Disagreed with Commissioners on the traffic flow
to the property owner and applicant. The City cannot
property.
· Support applicant's position to make ~
condition is not'
The public hearing was close~i~.,.'..p0 p.m.
Kuykendall:
· No Smoking Rules
of f it could be served at the marina.
· No' : conditions.
should be up
traffic in private
a
rules.
the lake. For example
Vonhof:
· Agreed
the next
Although this applicant agrees there should be no smoking,
, not. Anyone under age 18 cannot smoke.
Stamson:
· Agreed, the target is youth, and strongly agree there should not be smoking, but this is
not a land use issue. We are micro managing inappropriately as a land use planning
commission.
Rye said he could make both arguments equally well. There are regulations to protect
public health, safety and welfare. The question is, how far do you want to take that
l:\98files\98plcomm\pcminknm 110998.doc 3
concept in establishing regulations for a particular land use? On the other hand there is an
ordinance (State Law) stating people under 1 8 cannot smoke. '~t is really a judgment call
on the part of the Commission.
Kuykendall's concern is the relative location to Ho oligan's and if certain controls are not
in place there could be problems. There is potential for problems in an establishment like
this where kids are under age. Anything to encourage a healthy environme~ould be
positive. Commend the applicant. The Commission has the oppommi~iii~iii~:back
Vonhof felt in this particular business the management is critical. ~i~?:i~:..tend""" '" to
become a land use issue in terms of what happens with the client~!~:wha~:~::of
clientele and who comes to this business. What kind of atm~l~l~f~ One fi/~i~i~noke
has a different atmosphere and is not for juveniles. For this?t~::~:~*ffi::~imcess
important the fight message should be given out. ..::~i~::?:~ ......
.,~i:i:i*i:i~.. "iiii¢i~ .... .~:,ii::::i~
Kuykendall is sensitive to the potential imp
We have to set a visual image from the street that this ::" e~ironment for
juveniles. As leaders of the community we can for the youth. It is
how we position this in the eyes of the cojj~ty. Set high
Cramer stated he supports a
people from Hooligan's from coming the access
to the mall after it closes, it i~,~glii[~!he prope~?:~wner..:?~
Kuykendall said to be ~rja/e of the°~cibel leveI:!iit.:.:o:.:.:o:.:.:.:..i~a sensitive issue. The fight steps
have been taken by ~h~?~i~pplicant t~i~bntrol, i;?~iii?
'?~!iii~ii?~i?~i?:~...~...~_ ......~. ,~::....~................ ........ ~::iiii~iiii~iiiiiii?:i::i?:?:::::~::~::~?:~,~,~:~,~?:iiiii:,::~
After discussion the Co~g~'~*~i*~::~i'ollowing conditions to the conditions
listed in the.~[~,~m~?rt: ":~::*iii!iiiiiiiiii?~i?:~
·-~>*~*~::%'~¢~¢~i~efin21'the ~i:~iii~sted~::~ ir~::~iiCarkinga~it lot.
· ::~[!ew Conditm~iUse after one year with a police report
of activities.
*:i!::?~!iisound ............... be control[~ and located inside the building.
· Tt~*ii~i~vill be non-~king.
Neil Bodern~iiii~g~::bf the efiordale Mall, explained there is a mall bathroom. The
applicant is pl~ to add an additional bathroom within the facility. Mr. Boderman
explained the g~f~ access.
MOTION BY KUYKENDALL, SECOND BY VONHOF, RECOMMENDING CITY
COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING
CONDITIONS:
1. The hours of operation shall be consistent with Section 10-3-10 of the City Code,
including future amendments to Section 10-3-1 0, relating to curfews.
l:\98files\98plcomm\pcminknm 110998.doc 4
2. An adult over the age of 21 shall be on the premises during business hours in a
supervisory capacity.
3. '`NO LOITERING" signs are to be posted in the parking lot in fi.om of the proposed
use.
4. This CUP is to be reviewed one year from the date of approval (November 1999).
Such review is to include a police report and detail of activities or problems occurring
with the use.
5. The sound system is to be controlled by employees of the game
inside the building.
6. The site (leased space) shall be designated a~
7. The applicant must obtain all necessary building permits
occupancy prior to occupying the leased space.
8. The applicant has until one year from the d
City Council to complete the required'
Conditional Use Permit becomes null and void
Occupancy will not be issued until' has been
submitted to the City.
Kuykendall explained to the
Loitering" signs in the parking lot. Mr.
condition.
for "No
with that
Stamson said he does
overstepping their role
· felt they were
MOTION BY
APPROVING
~ A CONDITIONAL SIGN PERMIT TO PERMIT
IGAME ROOM) ON PROPERTY
(PRIORDALE MALL) FOR LARRY
)S AND ARCADE
vote , all. MOTION CARRIED.
This
City Council on November 16, 1998.
A. Case File #98-108 Eagle Creek Villas requesting a height variance for
Creekside Estates, Assisted Living Facility located at the intersection of Five Hawks
Avenue and Priorwood Street.
The Planning Department received a variance application from Eagle Creek Villas, to
permit the height of a proposed assisted residential living facility to exceed 35 feet. The
1:\98 file s\98plcommkpcmin~n 110995.doc 5
applicant has submitted a letter withdrawing this request. No additional action is
required.
6. New Business:
7. Announcements and Correspondence:
· Note workshop with City Council on November 30, 1998.
· Stakes are on the ring road for Commissioners viewing.
· There is a business retention workshop through the EDA on ~}t::~, 1998.
· Tomorrow is the closing date for the bids for the Downtown ~evelo~g~ plan.
· Highway 13 track traffic. Suggest MnDOT study and doi~ for jake'~g.
Kuykendall suggested the public works director atte~::~ FEM,, seminar on deb~? ....
Add another item for City Council/Planning Commissior~hop i~ to look into
redirecting track traffic off Highway 13. Interested in weigl~'~ii~$~ctions as well.
Include the new roadways (County Road: ii ? d change in tra~l'~::~ms
Connie Carlson
l:\98files\98plcomm\pcmin~mn 110998.doc
PLANNING REPORT
AGENDAITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4A
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE RELATING TO THE
HOURS OF OPERATION FOR A GYMNASTIC
SCHOOL IN THE BUSINESS PARK (BP) ZONING
DISTRICT (Case File ~98-152)
JANE KANSIER, PLANNING COORDINATOR
X YES NO
NOVEMBER 23, 1998
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance relating to the hours of operation for a Gymnastic School in the
Business Park (BP) Zoning District.
HISTORY:
On June 6, 1998, the City Council adopted Ordinance 98-10, which added
gymnastic schools as a conditional use in the BP District. The conditions
attached to this use are as follows:
1. The use occupies no more than 4,000 square feet of floor area in the
principal structure.
2. Hours of operation are limited to 5:00 PM to 11:00 PM, Mondays
through Fridays, and 7:00 AM to 11:00 PM on Saturday and Sunday.
3. A minimum of one parking space per 300 square feet of floor area is
provided. The minimum parking requirements for gymnastic schools
shall not be combined or shared parking with other uses in the
business park.
In October, 1998, the City Council received a request from Mary Haugen,
Activities Director for the Prior Lake/Savage School District, requesting the
ordinance be amended to change the hours of operation to 3:00 PM to 11:00
PM, Mondays through Fridays. These hours will allow the high school gymnastic
team to use the facility for its practices. The City Council adopted Resolution 98-
129 on November 2, 1998, initiating this amendment.
1:\98files\98ordamd~zon[ng\98-152\98152pc.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
The gymnastic school use has the potential of creating parking conflicts and
traffic conflicts with customers and employees of the permitted business in the
BP district. In order to minimize this impact, specific hours of operation were
imposed on this use. The hours of operation for the gymnastic school limits the
use to hours outside of the normal business hours. The requested hours of
operation will allow the school to function during regular business hours, thus
increasing the potential for the conflicts.
ALTERNATIVES:
1. Recommend the Council approve the amendment as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #2. The potential conflicts created by the
competing uses will be increased by the additional hours of operation.
ACTION REQUIRED:
A motion and second recommending denial of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Amendment
2. Ordinance 98-10
3. Letter from Mary Haugen
4. Hearing Notice
l:\98files\98ordarnd~zoning\98-152\98152pc.doc Page 2
CITY OF PRIOR LAKE
ORDINANCE NO. 98- XX
AN ORDINANCE AMENDING SECTION 5-5-15 (D) OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTION 6.15 (D) OF THE PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain that:
Section 5-5-15 (D) of the Prior Lake City Code and Section 6.15 (D) of the Prior Lake
Zoning Ordinance 83-6 are hereby amended to change the hours of operation for a
gymnastic school in the Business Park (BP) Zoning District as follows (add the following
underlined language and delete the strike through language):
7. Gymnastics Schools; provided that such use occupies no more than 4,000 square feet
of floor area in the principal structure, hours of operation are limited are limited to
5:00 3:00 PM to 11:00 PM, Mondays through Fridays, and 7:00 AM to 11:00 PM on
Saturday and Sunday, and a minimum of one parking space per 300 square feet of
floor area is provided. The minimum parking requirement is not to be combined or
shared parking with other uses in the business park.
This ordinance shall become effective from and after its passage and pubhcation.
Passed by the City Council of the City of Prior Lake this __ day of _, 1998.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
day of ,1998.
1:\98files~98ordamd~oning~98-152\drafiorddoc PAGE 1
CITY OF PRIOR LAKE
ORDINANCE NO. 98- 10
AN ORDINANCE AMENDING SECTION 5-5-15 (D) OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTION 6.15 (D) OF THE PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain that:
Section 5-5-15 (D) of the Prior Lake City Code and Section 6.15 (D) of the Prior Lake
Zoning Ordinance 83-6 are hereby amended to add the following:
7. Gymnastics Schools: Gymnastic schools are unique in the need for high ceilings.
They are permitted as a conditional use, provided that such use occupies no more than
4,000 square feet of floor area in the principal structure, hours of operation are limited
to 5:00 PM to 11:00 PM, Mondays through Fridays, and 7:00 AM to 11:00 PM on
Saturday and Sunday, and a minimum of one parking space per 300 square feet of
floor area is provided. The minimum parking requirement for gymnastic schools
shall not be combined or shared parking with other uses in the business park.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake tiffs 1 st day of June, 1998.
ATTEST:
C' - ~lm/g~J J M~yor / '
Published in the Prior Lake American on the 6th day of June, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
r:\council\ordinanc\ord9810.doc PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Prior Lake City Council
C/O Jane Kansier
16200 F~gle Creek Ave.
Prior Lake, ~'vL~. 55372
Independent School District 719
5300 WestWood Drive SE Prior Lake Senior High School
P.O. Box 539 ~' 15860 Fish Point Road SE
Prior Lake, Minnesota 55372 Prior Lake, Minnesota 55372
_
Dr. Craig Olson, Principal (612) 447-4431
Lori Boynton, Assistant Principal Fax: (642) 440-4036
After Hours Attendance 447-4692 Athletic Office 440-4036 Counseling Office 440-4033
Ms. Kansier:
Thank you for the information you shared by phone on Wednesday. As I explained, our Prior
Lake Senior High School gymnastics team is in need of practice space approximately two days
per week throughout the course of the season. The last two years we have rented space in Eagan
and Bloomington and have also had to fund a bus to transport the team and coaches. This is a
ve~ costly situation for us but necessary given the fanilities available at the high school. It was
our hope that this season we would be able to have our team practice at Gleason's Gymnastics
School in Prior Lake.
Our high school season begins November 9 and continues until the end of February. Our most
difficult days to practice at the high school are Wednesdays, some Tuesdays and some Fridays.
We do not have the option of using another school in our district because all of the equipment
needed is kept at the senior high, the physical education classes share this equipment and the
senior high is the only gym'in which we could hold our meets.
Mr. Gleason is willing to allow our team to use his facility but has explained to me that he does
not have permission to be open prior to 5:00 p.m. I am writing to ask that the city council
consider an amendment to the ordinance adopted regarding this gymnastics school so that our
high school team could practice at 3:00 p.m. probably twice a week. Unless this request is
considered, our school team will once again have to seek a much more cosily space in which to
practice outside of this district.
As I explained in our phone conversation, I was not aware until recently that the school was open
nor that the ordinance prohibiting business operations prior to 5:00 p.m. was in place. Please let
me know if there is additional information that you need to forward to the city council. I would
be happy to answer any questions or address any concerns. Please also keep me informed as to
the decisions made regarding this request.
Activities Dii:ector
Partnership
Progress
· Prior Lake
· Savage
· Spring Lake Township
· Cedar Lake Township
· Credit River Township
· Sand Creek Township
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-5-15 (D) OF TFrE OF ~ CITY CODE AND SECTION 6.15 (D) OF
TIFF, ZONING ORDINANCE RELATING TO THE HOURS OF OPERATION ·
FOR A GYMNASTIC SCHOOL IN TFrE, BUSINESS PARK (BP) ZONING
DISTRICT
You are hereby notified that the Prior Lake Pla~nlng Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE, on Monday,
November 23, 1998, at 6:30 p.m. or as soon thereafter as possible. The purpose of the
public hearing is to consider an amendment to Section 5-5-15 CD) of the City Code and
6.15 (D) of the Zoning Ordinance to change the permitted hours of operation for
Gymnastic Schools in the Business Park (BP) Zoning District from 5:00 PM to 3:00 PM.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior-Lake Planning Depm~anent-at .-
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 3rd day of November, 1998 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON NOVEMBER 7,
1998
~1:\9 ~ filo,.s~\98or dat~d~zo~ir~\98~1- 52\911152~n.0,oc
16200 ~agte ~..reet~ ~ve. ~,1~., k'norLak'e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
AGENDAITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
5A
CONTINUATION OF PUBLIC HEARING TO CONSIDER AN
OFFICIAL MAP FOR THE RING ROAD BE'I'~NEEN
FRANKLIN TRAIL AND TORONTO AVENUE
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
NOVEMBER 23, 1998
INTRODUCTION:
This item was originally scheduled for a public hearing on September 14, 1998. The
Planning Commission continued the public hearing until October 12, 1998. At the public
hearing, the Planning Commission heard testimony from two of the property owners
affected by the proposed Official Map. The Commission concluded it would be useful to
stake the centerline of the proposed alignment so the Commissioners and the property
owners could view the actual alignment in the field.
The City Engineering Department staff set stakes in the field in the first week of
November. The staff notified both the Planning Commissioners and the property
owners of the placement and requested any interested parties view the alignment.
The City of Prior Lake has, for several years, anticipated the construction of a ring road
between Franklin Trail and Toronto Avenue. This road is shown on the Transportation
Map in the 2010 Comprehensive Plan. The recent construction of the Park Nicollet
Clinic and the changes to the access points on Highway 13 has facilitated the need for
this road. In order to better plan for this road, the City staff has proposed an official map
for the right-of-way.
An Official Map is an ordinance in map form adopted by the City that conclusively shows
the location and width of proposed streets or future public land and facilities. The
requirements for an Official Map are identified in the State Statutes (see attached). The
purpose of an Official Map is to prevent private development form encroaching on sites
for proposed public improvements. The adoption of an Official Map does not give the
City any right, title or interest in areas identified for public purposes, but it does authorize
the City to acquire such interests without paying compensation for buildings or
structures erected in such areas without a permit or in violation of the conditions of an
approved permit. The Official Map also governs the issuance of building permits in that
it is not required to issue a permit for a structure within the public area defined by an
official map. The statute also provides a property owner with an appeal process.
r/:\9~file.~\98~ u bjec\98-0 ~.9\9~,0~19pc~5.~1oc Page 1
16200 aag~e ~reeK Ave. S.a., ~rior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ANALYSIS:
The purpose of the proposed ring road is to provide access to the commercial properties
on the southwest side of Highway 13, and to reroute that traffic from Highway 13 to a
local street. In the past year, the Planning Commission reviewed several proposed
alignments which would accomplish this by directing traffic from Franklin Trail to Toronto
Avenue, and provides access to the properties adjacent to Highway 13 and the
properties to the south. The alignment ultimately suggested by the Planning
Commission is shown on the attached survey. This alignment has the least impact on
existing development.
ALTERNATIVES:
1. Recommend the Council approve the Official Map as proposed, or with changes
specified by the Planning Commission.
2. Recommend the Council deny the proposed Official Map.
3. Table or continue discussion of the item for specific purpose.
ACTION REQUIRED:
The Planning staff recommends Alternative #1. The Official Map provides for the
alignment of the future read, and allows the City and the adjacent property owners to
plan development consistent with this road alignment. A motion and second
recommending approval of the Official Map is appropriate.
REPORT ATTACHMENTS:
1. Minutes of 10112/98 Planning Commission Meeting
2. State Statute
3. Centerline Survey
1:\98flles\98subjec\98-019\98019pc5.doc
Page 2
UTILITY EASEMENTS LOCA~ ON LOTS 43 AND 44, C.O. I-IANNEN'S MAPLE
PARK SHORE ACRES. ~
Vote taken signified aye~y all.,//MOTIO~ARRIED.
Vonhof exp~-'~ the appeal process. ~
5. Old Business:
A. Case #98-019 Consider an official map for a ring road in the southeast
corner of Highway 13, from Franklin Trail to Tower Street.
Planning Coordinator Jane Kansier presented the Planning Report dated October 12, 1998
on file in the office of the City Planner.
The purpose of the proposed ring road is to provide access to the commercial properties
on the southwest side of Highway 13, and to reroute traffic from Highway 13 to a local
street. In the past year, the Planning Commission reviewed several proposed alignments
which would accomplish this by directing traffic from Franklin Trail to Toronto Avenue,
and provide access to the properties adjacent to Highway 13 and the properties to the
south. The alignment ultimately suggested by the Planning Commission was presented.
Staff recommended approval of the Official Map as proposed or with changes specified
by the Planning Commission. The Official Map provides for the alignment of the future
road, and allows the City and the adjacent property owners to plan development
consistent with this road alignment.
Comments from the public:
Lorraine Borka, 14384 Rutgers Street, stated her concem with the route taking her
parking lot. Borka rents the building and has owned it since it was built about 30 years.
Her fear is that there will not be enough parking if the proposed road goes through. Borka
is opposed to it because losing the parking or building will affect her income. Mrs. Borka
asked the Commissioners to consider her request.
Larry Borka, son of Lorraine Borka, expla'med how the family business started 30 years
ago and renting the building is his mother's only source of income. If the proposal goes
through the building will be worthless. He asked if the road could be moved. Mr. Borka
asked the Commissioners to think about reconsidering.
l:\98files\98plcomm\pcmin~ 101298.doc 3
Dean Williamson, representing Health Systems Minnesota, (Park Nicollet Clinic) said
they met with staff and understands the proposal. Mr. Williamson pointed out their
concerns stated in the submitted letter.
Criego questioned Williamson's concern for finances. Williamson said it was one of the
concerns. He also said they were aware of the proposed ring road when they started
construction. There are constraints with the lot.
Lorraine Borka questioned the cost and assessments to her. Kansier explained the
proposal is for the Official Map and not for construction. Meetings to discuss costs and
assessments would be decided later. She explained assessments and buying out. Those
decisions have not been made. The Capital Improvement Plan is five years out and is not
in the program at this time.
Larry Borka questioned the use. Kansier explained the goal was to look at the most
feasible alignment of the property. Borka felt he understands the clinic is taking
precedence over a business that has been in Prior Lake for over 30 years.
Criego explained a similar situation he was involved in and the fair market value. There
should not be any financial loss. There is also more than the Park Nicollet property the
City is concerned with. There are other surrounding properties. The City does not want
to take Borka's property or business. Mr. Borka expressed their feelings and concerns.
Dean Williamson commented on the Official Map suggesting delaying the proposal until
Priordale Mall is redeveloped. The only two properties affected are the clinic and
Borka's.
Rye said the ring road proposal has been round a long time. The City fully intended to
have a road between Franklin Trail and Toronto Avenue. Rye stated he understands Mr.
Borka's concern.
Mr. Borka said he never saw anything in the newspaper stating there was going to be a
ring road proposal. He questioned why didn't his mother have notice to vote on this
proposal
Vonhof explained the clinic complied with the zone use and did not come before the
Planning Commission. The ring road has been in the proposal for 10 to 12 years.
Comments from the Commissioners:
Criego:
· The amount of area proposed is how much of the total (ofBorka's property)? One of
the criteria was to reduce the impact on the neighbors. The Commissioners talked
about this issue at length. Engineering has looked at this 3 or 4 times. This is their
l:\98filea\98plcomm\pcminh~m 101295.doc
best judgmem. The impact is less than earlier proposed. This is only for planning
purposes. It may never be developed.
· We as a community must layout and plan so future developers can look ahead. This
proposal may enhance your property.
· I have had property taken away from me, but there are legal ramifications for the City
and there is a lot of direction for that.
· It is only for map purposes. This is very preliminary.
· I have lived in many communities, Prior Lake is not restrictive, that is why I moved
here.
Kuykendall:
· Empathetic to Borkas and explained he had been involved with takings for roads in
other cities.
· Financially, it is reasonable to conclude the true market value would be defined.
· This is a plan on paper and may not happen for five years, but it may happen soon.
This is a very fast developing community. The City has to keep pace with
development. Look at County Road 42.
· Concern for the parking requirements. What impact may it have on other properties?
· Kansier explained the impact and responsibility of the City.
· Rye said simply designating this on the map will not impact Borkas' business.
· Kuykendall explained to Borkas the proposal and what issues would be defined later.
· Asked staff for the aspects of the ring road. Rye explained the chaotic access roads
and the access through private parking and driveways. One purpose was to alleviate
that and create a public access to existing properties and enhance the properties. It
would also provide some relief for Highway 13. Traffic would be back on the ring
road to commercial properties. The idea was to provide better access for the general
area.
· It might be useful to stake the field and take a look at it.
Vonhof:
· Appreciate Commissioners comments as well as the Borkas.
· There is a need for this road. There may be a positive to the property owners.
· Suggested to continue the heating.
Criego:
· In general, would like to see ring road but would also like to see impact to the Borka
property.
Kuykendall agreed. Recommend tabling.
MOTION BY KUYKENDALL, SECOND BY VONHOF, TO TABLE THE HEARING
AND HAVE THE PROPERTY STAKED BY STAFF.
Kansier explained the engineering department would have to do the work and right now
they would be tied up for about a month.
l:\98files\98plcomm\pcmin~mn 101298.doc 5
Vote taken signified ayes by Vonhof and Kuykendall, nay be Criego. MOTION
CARRIED.
6. New Business:
Rye gave feed~'a~k on City Council's public ~/~ng on the proposed Zoning Ordinance.
Council continuedll3,e hearing to Novena/2, 1998. There were some minor changes.
Rye also gave an updateX~ the dow~own development study. The next step is to
identify actual projects, x~
7. Announcements/~nd Cor~ondence.'
The meeting a~jtfumed at 8:01 p.m. ~
Don Rye
Director of Planning
Connie Carlson
Recording Secretary
l:\98files\98pl¢omm\pcminXmn 101298.doc
RYSTAL
LAKE
THE POND
ATHLETIC COMPLEX
ORDERLY AN!~
surface ar¢~ necessary for mio~l underground space development pursuant to
m~n~ ~e ~mpac: ~= such ~prov~m~nu ~H h=v~ on ~e c~n~ o~m~ expe~e of
mu~cip~i~. ~d such o~er ~o~adon on capi~ ~p~vemen~ ~ may be pe~nenc
Subd. I0. Offid~ ~p. 'Offi~ m~p" m~: m:p ~dop~ed in ~cco~ce ~ sec--
~on ~9 which ~y show e~n~ md proposed ~e s~ea, roa~, ~d ~w~ys of
~e m~cipalky ~d count, ~e ~ needed for wide~ng of ex~ng s~ee~, ~a~. ~d
highways of ~e municip~i~ ~d co~. ex~n~ ~d p~posed ~r space ~d subsu~%c~
~e~ neces~ for mined unde~ound ~ace development puauan~ ~o sec~ons 469.135
469.141. ~d exis~n~ ~d ~m~ coun~ s~e ~d highways ~d sm~e ~ ~ghw~y
of-way. An offici~ m~p may ~so show ~e Ioc~on of ~xisdn~ ~d ~mre public land ~d
f~ihdes wi~iu ~e municipali~. In coun~es in ~e me~polit~ ~ ~ defined in sec~on
~73.12 l. offici~ maps may tbr ~ period of up ~o ~ive ye~ designate ~e bound~es of
~se~ed lbr pu~oses of soil conie~ution, water supply toleration, flood control ~nd sur-
face water d~nale ~d remov~ includin! appropriate re~ulalions pmtec~ng such ~e~
ag~s~ encroachment by buildin~s, o~er physical stmcm~s or la,des.
Subd. l I. Govem~ body. 'Oovemin~ body" in ~e c~e of cities me~s the council by
Subd, 12. Subdi~ion, "Subdivision" me~s ~e sep~tion o~' ~ ~ea. p~ceL or
of I~d under single owne~hip into nvo or more p~c~is. ~cm, 1o~. or Ioni-te~ le~ehold
inte~sa where &e c~ation of the le~ehold inte~sl nec~s~iates ~e cre:tion of
ma~. or ~leys. ~or ~sidenfi~. commemial, indus~ul, or o~er ~e or ~y combination
Eereof. except ~ose sep~dons:
~:) ~e~ ~I ~e ~suking p~els, wac~, lou, or intere~u will be 20 acres or i~ger
~izu ~d ~00 fee~ ~ width For residenti~ ~es and five acres or l~er in size ~br commemiu{
~d }ndus~at
(c) Resul~n~ ~m cuu~ o~ea. or ~e :djui~ent of a lot li~e by ~e rei~:don ut': com-
mon bounds.
Subd. 13. PIa~ "PIuC me~s Ee d~win~ or m:p ut' ~ subdivision prepped ~o~ filing of
record pu~u~t :o chapter t0~ md containing ail eiemenu and cequ/rumenu se~ fo~h in ap-
pHc:hie Ioc:l re~ulado~ :dopted puau~c :o tccdoa 462.3~8 and ch:pter
Subd. la. Subdi~ion re~ulaHon, "Subdivision ~ulation" me~s ~ ordinanc~
.adopted pu~u~t ~o section ~2.358 re~lada~ ~e subdivision of [and.
Subd. I3. Official control. "O~cial con~ols" or "con~ls" means ordinances and
~ re~ula~ons which con~ol ~e physical developmen~ of a city, coun~ or town or ~y
~e~of includin~ air space and subsu~ace ~ necess~ for mined unde~ound space
velopment pu~uant to sections ~9.13~ to ~69.14 l, or ~y det~I thereof ~d implement ~e
gene~ objec~ves o~ ~e comp~hensive plan. Official controls may include ordinances
mb[ii,rig zones, subdivisiou ¢onuol~, site pl~ regulations, s~it~ codes, buildin~ codes
~d official m~ps.
Subd. 16. ~eH~ua~ approval. "Prelimin~ approval" me~s officim uc~ou
by ~ municipEky on m application :o ~ate a subdivision which establishes Eu d~hts ~d
obliga~ons se: fo~ in secaon 462.3~8 ~d ~e ;pplicabie subdivision regulation. In accor-
d~ce wi~ secdon ~2.3~8. ~d unless othe~ise spec~ied in ~e app[ic:ble subdivision ~-
uiadon, preli~ :pprov~ m:y be ~ted only follow~g Ee review md approval of
p~E~ plat or o~er map or d~win~ esmblishia~ wi~out 5~mdon ~e aumbea luyou~
~d loca~on oi[ua. ~cm. bloc~, ~d p~ls ~o be created. Iocu~on o~ s~eem, wa~, mili-
~e~ ~d facilities, p~k md drainage ~aciHdes, and lands co be dedicumd for public use.
Subd. 17. Proper~ H~h~. ~e words "~e:," "inte~st in ced propeay." "ground."
~c~" ~d o~er te~ dei~biut ~ pwpe~ shaI ~ciude wi~in ~ek me~inl, but not
· - .-:..- he limit~
~980 c
~3~ !
462.353
Sub,
nicipa[ pi
nicipali9
Sub,
pality rna
displays.
· public on
Sub~.
any land
po. lin., ma}
Suhd
by it in re,
permit or.
Sub,.i
inform=ti~
pein'fit or.
~xes whit:
poses of
Histo~
462.354 0
Subdi
planning
vote of all
the tbllu~vi:
II)ft
o~cials m~
may be a
sion shall
(2) It ;-
and shall fu
istation. T~
s~aff as in
Subd. 2
adopting or
462.3:~85 JOINT PLANNING BOARD.
Upon request of a home rule char~er or statutory, city. council or county or tu~,n board by
resolution presented to the count,., auditor of the county of the agected territory a board shall
be established to exercise planning and land uae control anthori~,.' in the tmincorporared area
within two mile~ of the corporate limits of a city, The board shall have member~ in a number
determineit by the city. county, and town. Each governmental unit shall have an equal num-
ber of members. The members shall be appointed from the governing bodies of the city,
county, and town, Upon request of more than one county or town board with respect to the
unincorporated area within two miles of the corporate limits of a singte city. the parties may
create one board rather than a separate board for each county or town. with equal member-
ship from each agected governmental unit. The board shall serve as the governing body and
board of appeals and adjustments for purposes of sections ~-62.351 to ~.62.36~ within the
two-mile area. The board shall have all of the powers contained in sections g-62.351 to
~62.36~ and shall have authority to adopt and enforce the uniform fire code promulgated
pursuant to section 299E011, The city shall provide staff for the prepmmdon and administra-
tion of land use controls unless otherwise agreed by the governmental units. If a municipality
extends the application of its subdivision regulations to unincorporated ten-itory located
within two miles of its limits pursuant to section 462.358. subdi¥ision la. before the creation
of s joint board, the subdivision regulations which the municipality has extended shall apply
until the joint board adopts subdivision regulations.
ltistom,': 1982 c 507 .~' 24
462..359 PROCEDURE FOR. PLAN EI"I'J=CTUATION: OFFICIAL MAPS.
Subdivision 1. Statement of purpose. Land that i,s needed for future street purposes
and as sites for other necessary, public t'anilitles and servic,*~ is frequently diver~ed to nonpub-
lic uses which could have been located on other lands without hardship or inconvenience to
the owners. When this happens, public uses of land may be denied or may be obtained later
only at prohibitive cost or at the expense of dislocating the owners and occupants of the land.
Identification on an official map of land needed for future punic uses permits both the public
and private property owners to adjust their building plans equitably and conveniently before
investments are made which will make such adjustmen~ difficult to accomplish.
Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan
and a community facilities plan. it may. for the purpose of carrying out the policies of the
major thoroughfare plan and community facilities plan. prepare and recommend to the
eming body a proposed official map covering the entire municipality or any pordon thereof,
The governing body may. after holding a public heating, adopt and amend the official map by
ordinance. A notice of the time. place and purpose of the hearing shall be published in the
official newspaper of the municipality at least ten days prior to the date of the hearing. The
official map or maps shall be prepared in sufficient detail to permit the establishment of the
future acquisitio,~ lines on the ground, in unpla£ted areas a minimum ora cemefline survey
shall have been made prior to the preparation of the final draft of the official map. The accura-
cy of the future acquisition lines shown on the official map shall be anested to by a registered
land surveyor. After adoption, a copy of the official map. or sections thereof with a copy of
the adopting ordinance attached shall he filed with the county recorder as provided in sec-
tions 'J,62.351 to 462.364.
Subd. 3. Effect. After an official map has been adopted and filed, the issuance of build-
ing permits by the municipality shall be subject to the provisions of this section. Whenever
any street or highway is widened or improved or any new street is opened, or interests in
lands for other public purposes are acquired by the municipality, it is not required in such
proceedings to pay for any building or structure placed without a permit or in violation of
conditions of a permit within the limits of the mapped street or outside of any building line
that may have been established upon the existing sa'eot or within any area thus idendfied for
public l~Urposes. The adoption of an official map does not ~ve the municipality any right.
title, or interest in areas identified for public purposes thereon, but the adoption of the map
does authorize the municipality to acquire such interests without paying compensation for
buildings or su'uctures erected in such areas without a permit or in violation of the conditions
of a permit.
Subd. 4. Appe:
tion is denied, the b
with it by the owner
any case in which ti
that the entire prop
forms a par~ ear, not
grained, and (b) tha
the official map and
'property in the ase:
or approval is requi
hearing required by
newspaper once at !
adjustments author.
board or comrrdssio
of the board to insti
proceedings are sta:
provals shall issue t~
nances. The board si
the extent and char~.
tqJ~ory: 196_~
462.3595 CONDrl
Subdivision I.
types of devetopme:
activities as eonditic
the governing body
dards and criteria st,
include both genera
quir~ments specific
Subd. 2. Publk
shall be held in the r
Subd. 3. Durat~
tions a_m-eed upon ar
from enacting or am
Subd. 4. Filing
with the county recc
paliry is located for r
the property include
Histom.': 1982
462.3597 LNTERI:
Subdivision I..t
ticular date. until the
permit it.
Subd. 2. Autho
im uses. The regular!
pe-'mission for an in:
(2) the dare or e
(3) permission c
for the public to rake
(~) the user agre
mission of the use.
,Any interim use
tOWn board by
? ~ board shall
:or~.orated aiwa
an equal aura-
les ot the ~,
~e p~ may
~u~ member-
~fn~ body ~d
~s ~2.351 m
promulgated
municip~i~
sh~l ~ppty
to nonpub-
,rained later
o£~he land.
rue public
:ndy before
~hfare plan
ties of ~e
n ~e
~al map by
heal ~n ~
~ng.
ent of ~e
:e~istered
copy of
~d in sec-
off build.
crests in
!a/ion
!in~ line
Stied for
ly right.
:'~e mac
don
ldidons
$37
~, Subd. 4. Appeals. If a land use or zonina pem~t or approval for a building in such Iota-
/ion is denied, the board of appeals and udju.~r~ents shall have ~e power, upon appe~ filed
~ k by ~e owner of Ee 1~ to ~t a pe~ or approve for b~l~ng ~ such location in
~y c~e ~ w~ch ~e bo~d fin~. u~on ~e evidence ~d ~e ~umen~ presented to ic
· at ~e en~re prope~ of ~e appellan~ of w~ch such ~a idea/stied for public p~oses
fo~ a p~ c~o~ yield a ~onable ~mm to ~e owner unless such a pe~ or approval is
~te~ ~d (b) ~at bal~cing ~e intent of ~e m~cip~i~ ~ p~se~ng ~e ~te~ of
· e o~ci~ map md of ~e comp~hemive municipal plm and ~e interest of ~e owner of ~e
~ ~ ~e ~e of ae pmpe~ ~d in ~e benefi~ of owne~hip. ~e ~t of such
or appmv~ is ~qu~ed by comidem~oas of justice ~d equity. In addition to ~e notice of
he~g ~quired by secOon 462.354. subdivision 2. a notice shall be published in the official
newspaper once ar le~t ten days befo~ ~e day of ~e headng. If ~e bo~d of uppers ~d
adjus~en~ au~odzes the issu~ce of a pe~it or approval ~e gove~ng body or o~er
bo~ or commission ha~ng judsdic~on shall have six months ~om ~e date of ~e decision
of~e bo~d to institute proceedings ~o acquire such l~d or info.st therein. ~d if ac such
proceedings ~e s~ed witch ~at ~e. ~e o~cer ~sponsible for issuing pe~i~ or ap-
proves shall issue ~e pe~k or appmv~ if ~e applica/ion o~he~ise confo~ to local ord~-
n~ces. ~e bo~ shall s~i~v ~e exact location. ~ound ~e~ height ~d other det~Is ~ to
· e ex~ent and chic;er of ~e bulldog for which ~e pe~t or approval is ~nted.
H~to~: 1965 c 670 s 9:1976 c 181 s 2:1986 c ~: 199~ c 254 an 3 s 8
462.3595 CONDITIONAL USE PEI~.'~LITS.
Subdivision I. Authority. The governing body may by ordinance designate certain
~pes of developments, including planned unit deve!opments, and certain land development
ac~ivi/ies as conditional uses under zoning reguladous. Conditional uses may be approved by
the governing body or other designated authority by a showing by the applicant that the stan-
da.rds and criteria stated in the ordinance will be satisfied, The standards and criteria shall
include both general requiremem_s for all conditional uses. and insofar as practicable, re-
quirement~ specific to each designated conditional use.
Subd. 2. Public hearing. Public hearings on the D'anting of conditional use permits
shall be held in the manner provided in sec:ion 462.3~7, subdivision 3.
Subd. 3, Duration. A conditional use permit shall remain in opec: us long as the condi-
tions agreed upon are obser'ved, but nothing in this section shall prevent the municipals .ty
from enacting or amendin_,-, official controls to change the sams ut' conditional uses.
Subd..,t. Filing of permit. A certified copy of any conditional use permit shall be filed
with the county, recorder or registrar of ddes of the coun~ or counties in which the munici-
pality is located for record. The conditional use permit shall include :he legal description of
the prope,~:y included.
His:ofT: 1982 c $07 ~ 25
462.3597 INTERL'vl USES.
Subdivision 1. Deflnliion. ,:ka "interim use" is a temporary use of property until a par-
ticular date, until the occurrence of a pardc,.dar event, or until zoning regulations no longer
permk it.
Subd, 2. Authority. Zoning regulations may permit the govemin§ body to allow inter-
im uses. The regulatious may set conditions on intefim uses. The governing body may grant
pe:Tnission for an interim use of property if:
(t) the use conforras to the zoning reguIa/ions:
(2) the date or event that will tern~.inate the use can be identified with certainty;
(3) permission of the use will net Lmpose additional costs on the public if it is necessary
for the public to take the propexy in the future: and
(~) the user a~ees to any coati/ions Gat the governing body deems appropriate for per-
mission of the use.
Any interim use may be terminated by a change in zoning regulations.