HomeMy WebLinkAbout12-15-98 RE VISED
REGULAR PLANNING COMMISSION AGENDA
TUESDAY, DECEMBER 15, 1998
6:30 p.m.
2.
3.
4.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
A. Case #98-163 Request for an amendment to the approved conditional use permit for
the Gleason Gymnastic School located at 17001 Fish Point Road SE. The proposed
amendment will allow the hours of operation of the school to be extended to 2:00 PM
to 11:00 PM, Mondays through Fridays for school sponsored activities.
5. Old Business:
6. New Business:
A. Case #98-158 Lee Nelson of 16085 is requesting the vacation of an easement for
water main located on Lot 94, Northwood.
7. Announcements and Correspondence:
8. Adjournment:
THE DECEMBER 28, 1998 MEETING HAS BEEN CANCELED.
16200 ~g~e~rre~t~'°~ve.C~I ~Sr,or ~2a~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
NOVEMBER 23, 1998
1. Call to Order:
The November 23, 1998, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Cramer, Kuyke~,Stamson
and Vonhof, Planning Director Don Rye, Planning Coordinator Jane K~}~istant
City Engineer Sue McDermott and Recording Secretary Connie
Vonhof Present . ~il i!
Kuykendall Present ..::?:~ii?~ .... . ....
Criego Absent .... ~iiiiiiiii~!}::i?~ :~::i~ ........ ~:~ ....
3. Approval of Mmutes ............ ·
The Minutes from the November 9, 1998 i~ii~sio~ ~;ting were approved
as presented. :~::::i::::¢~, .~:?::::::~ .......
4. Public Hearings...:, .........................................
A. Case #98-152 C~er an amendment to ~ii:;n 5-5-15 0)) of the City Code and
Section 6.15 0)~"0~g..Zo~g~!O~ ' ~ge~igklating to the hours of operation for a
gymnastic school in"~'~:~"~<~.iffiP) Zomng District.
~m~ ~e Kanst~::~nted the Planning Report dated November 23,
1998, o"~f the '"":::" :':*' Cl~iann''::~:'::' .....
deni~!~f the amendment. The gymnastic school use has the potential
confl~ and traffic conflicts with customers and employees of the
ia~ Business Park district. In order to minimize this impact,
were imposed on this use. The hours of operation for the
the use to hours outside of the normal business hours. The
~peration will allow the school to function during regular business
hours, thus increasing the potential for the conflicts.
The hearing was open to the public.
Comments from the public:
Chuck Rutz, 15691 Santee Circle, wanted to make it clear changing the hours a few days
a week was to accommodate the Prior Lake High School, not the Gleason Gymnastic
l:\98fil¢s\98plcomm\pemin~tm 112398.doc I
Program. Mr. Rutz said there would probably be 6 additional cars by the High School
team.
Stamson questioned the leasing arrangements. Rutz did not know the arrangements with
the High School and Gleason.
Chazy Rutz, 15691 Santee Circle SE, said she is on the gynmastic team at ~:H!gh
School and would like to use the facility in Prior Lake.
Comments from the Commissioners: '~ .............. ::..
f. .
· This is a conditional use within the business park - sug 'i~i~i~promise,
remain the same 5:00 p.m. to 11:00 p.m., Monday ~ugh ~day unless ~t ~s a ~6ol
district activity. ..::?:iiiiiiii:::;i ....
· Rye said the concern is limiting the use accord{~::~iii~e, sp~ agency. Instead
of regulating the land use, you're trying to regulate t~i~;ts o~'the land use.
Arguably the impacts are the same whether private or p~li~i~i~....p,..onsor. Before we go
too far the City Attorney should be o~la~10d and see if th~?{iii{~:a:~ay to do that.
· This is not an expansion of the retail ~!;ifa~ility.
· This is a legitimate activity. ':::i~ili!: ":'::~:~?~ii!iii?~i?:::i~ ......... ':~:::::~ ....
· Do not change the hours. :::i~i?~i::: ..:~? ........... [~i::?:ii~?~iiiiiiiiiiiii?
· This issue is one q,~i~iential tr~:c safety c~¢~ration. It also relates to the
availability ofp~ .... ~ii!~i!!!?i .... iii?
· We could prop;~e i~ff~[?~i!~?i~!iii~it it to one hour between the hours of
3:00 p.m. to 5:00 p.m.?i~t we are doi~i~ is regulating City owned property to solve
a probl~mi~ii~fivate st:~!i~fthe, property line. Go back to the school and have
·TM Q~oned staffon t~i!briginal conditional use approved by City Council that they
we;¢:::':':'~!~ilo hold me~i:¢r any of that type of activity at this location. Staff did not
recall ~!i~sunci!ii~'stricting that specific condition.
· Recollect" i g that issue. If it was not specifically addressed, the concern if
there are no..~ts, based on the fact we have limited the size of the facility to
eventually ~iablish something so they can move on later. That will restrict the
parking enough.
· Noticed other cities have gymnastic facilities in business parks and do not have a
parking problem.
· Insure there will not be any meets and I will support moving this up to 3:00 p.m.
Stamson:
· Originally had concerns with this conditional use and the compatibility of this type of
use in the business park. One of the major things I had been comfortable with
1:\98filcs\98plcomm\pcminknm I 12398.do¢ 2
granting it was the limitations of the hours at 5:00 p.m. I am very hesitant to moving
them to 2:00 p.m. ~'
Agree with Vonhof, if we can draw up something limiting the use to a school function
I would be more comfortable with it.
Do not agree reducing to 3:00 p.m.
Open Discussion:
Kuykendall:
· Traffic control is a key issue.
· Tiffs conditional use will be checked in one year.
· Was opposed to this originally but now let's try it.
· If its not working, come back in a year and put other
Rye;
There are two issues - the first is the zoning
Stamson:
· Could we review in less than a year? :1
said that was part of the Conditional'
at the end
itself.
Kansier
Kuykendall:
· This will apply more
· Support the change
Cramer:
· Rye suggested adding:
language in the recommendation to the Council.
not the zoning.
Rye said either.
Crame
· cities with this problem?
· Rye said c different here is the whole industrial park is a TIF district and
~ the district for TIF purposes are limited to manufacturing and
warehouse distribution. So you have a limit that does not fall into one of those two
categories. The whole purpose of the TIF district was to create jobs and a tax base.
Vonhof:
· As far as the parking and traffic - controlling hours of operation would solve that.
Churches are similar with Sunday morning services. Neighborhoods are use to it.
While the primary uses of the business park are for commercial activities Monday
through Friday, at other times there are opportunities for other uses.
1 :Xggfiles\98plcorrwa\pcmin~nn 112398.doc 3
Stamson: -'
· Normal business hours are 8:00 a.m. to 5:00 p.m., that is why we created the 5:00
p.m. time limit.
Vonhof:
· That is why we should restrict the time at 5:00 p.m. to school activitie~! i~ don't
want to compete with other business park activities at that time...::::::::~:..
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO REGaleD CITY
COUNCIL APPROVE AMENDMENT TO SECTION 5-5-15 ~!ii~F TH~ii~OR
LAKE CITY CODE AND AMENDING SECTION 6.15 (D}~[::O~:::.~E
ZONING ORDINANCE 83-6 SPECIFICALLY UNDEi%~i~::~i"GYMNAS'~i?,i~,~:,~i::ii::~:·
SCHOOLS, PROVIDED THAT SUCH USE OCCLrP~::~O MORE THAN 4,00~i?iiii?
SQUARE FEET OF FLOOR AP, EArN TH~ PmN~ ST~t~yURE, HOU~ff::OF
OPERATION ARE LIMITED TO 5:00 P.M. TO I:?:i~;?~'~i~i~[., ~,YS THROUGH
FRIDAYS AND 7:00 A.M. TO 1 h00 P.M. ON SAT~ii~ SUNDAY, AND A
MINIMUM OF ONE PARKING SPACE PER 300 SQU~i!~T OF FLOOR AREA
IS PROVIDED. THE Mn'~MUM P~~QLIIREME~i~:~OT TO BE
COMBINED OR SHARED PARKING ~iii~g~R USES Ii~.~ BUSINESS
PARK. THE HOURS OF OPERATION t~R
SPONSORED EVENT MAY BE EXTENr/~p ~::'~:6:~'~i~¢~¥0 11:00 P.M. ON
Vote taken signified a3i~i~} all. ~ION C~D.
This matter will go:~i~'~i~e ~Oiii~i~i::::9R::i~ember 7, 1998.
A. q~::I~98-019 d~i~er an 6:~1 map for a ring road in the southeast corner of
.~:~q~hway 13, from'"~nklin ~%ail to Tower Street.
Planni~i~0rdinator J~...~i~ikansier presented the Planning Report dated November 23,
1998, on f~l~ii~::~he o~¢%f the City Planner.
Staff recomme~iii~pproval of the Official Map as proposed or with changes specified
by the Planning:.i~;mmission.
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
1:\98files\98plcorrma\pcmin\rIm 112398.doc 4
is shown on the attached survey. This alignment has the least impact on existing
development.
The public hearing was reopene&
Comments from the Public:
Lorraine Borka, 14384 Rutgers Street, stated she attended the October ~d gave
testimony and asked to take'into consideration her building and prop~il;;i. She will not
benefit if the road goes through. Renting out her building is her ~oJ[~ along with
Social Security Mrs Borka suggested moving the road down~':" .::'"' :r bet~:"~*:**::~". ~.~:,
Comments from the Commissioners:
Kuykendall:
· Went out on the site and studied the
discussions on the ali
had the least impact, yet the most
under the proceedings Mrs.
* This is a very common p[~.
· Support staff's
proposal
· Borka's concern and
· Understands Ivl~. B:~'s ~i~ll be a fair compensation with the City.
There will be no loss. ~:~i~ii~i~i~;.. "
· This amount of people, yet allows a safe transition of
"T" h
square it
to the site.; ~uest~on to staffregarding the curvature of the road. Would a
· Commission. The idea was to
he long term, Toronto may cease to exist in the future.
· trader the current road construction.
· Stamson said they decided long term Toronto would not be as busy.
· It is different now, originally the thought was Priordale Mall would have more
development.
· As a result of the discussions the ring road would be the major street.
· Not sure now this is the best way, we had different assumptions.
1 :\98files\98plcomm\pcmin'mm 112398.doc 5
Stamson:
· Would agree if there was some potential for Toronto becoming a more major street,
then you could "T" the ring road to it.
Vonhof:
· Toronto connection would be lost eventually.
· Why curve offnow when we don't knoW? What's the difference ifw~
it a "T"?
Kuykendalh
· Recall this alignment was selected to avoid the structure. It
negative impact on the existing buildings and development.
· This is the proper design.
It has to be made clear the nng road is the pnm~i~d, not ~nto.
· The proposed alignment actually covel~ the l~d acquire~::~e case of being a "T".
W~t to m~e sure o~ rationale is stro~ Th~:.~g*o~ the table for Pfiordale
~ere is no co~g::be~h~..~O,.~ Prior L~e o~er th~ Highway 13.
~ent where ~ere is no aliment
today. >e~een Fr~lin ~d Toronto. Remember
the ~ long time ~d I don't ~ow if we should ~ to
development in order to lay t~s ~g out. At
some is what we're going to do".
VonhoL'
· Not saying this is wrong, it should be part of an over-all
:.:::.. "The road is going to curve here."
· Questioned if there is a plan for a semaphore at Tower and Toronto at some point
when the traffic count picks up.
Kuykendalh
· Meets all the criteria - it is well designed. It provides what the public needs with the
least impact to the property owner. You still get people to bypass Highway 13.
h\98files\98plcomm\pcmin\nm 112398.doc 6
Stflmson:
· Concurs with Kaykendall, this is the best possible solution.
Cramer:
· Supportive as well.
MOTION BY KUYKENDALL, SECOND BY CRAMER, RECOMMEN~o.~.:~ITY
COUNCIL ADOPT ALIGNMENT OF THE RING ROAD AS PROPO.~:TI~TH~E
STAFF REPOR ....
Vote taken signified ayes by all. MOTION CARRIED. '~iiii:' ° ';:~iiiiiiii;:~ ....
This issue will go before the City Council December 2,
There was no new business.
7. Announcements and Correspog~g~;
· Workshop meeting on November 30 ~'ci~l~ ..............
· The December 14 meeting is reschedule~ii~O~daj:i~i~ber 15. Commissioners
Kuykendall and Cramer able t~i~nd.
· The December 28 o a lack of quorum.
· The Council is
the
and is holding a workshop
on Highway 13 to discuss at
t~:u.'
T~g~get~ng adj
Donald " ............... ~ ....
Rye ,:;~?
Director of Pl~t~g
;28 p.m.
Connie Carlson
Recording Secretary
1:\98files\98plcomm\pcminknm112398.doc 7
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4A
CONDUCT A PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE CONDITIONAL USE PERMIT
(CUP) FOR GLEASON'S GYMNASTICS SCHOOL
(Case File #98-163)
LARRY GLEASON
17001 FISH POINT ROAD, LOCATED IN THE
WATERFRONT PASSAGE BUSINESS PARK
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
DECEMBER 15, 1998
16200
INTRODUCTION:
On September 21, 1998, the City Council adopted Resolution 98-108, approving a
conditional use permit for the operation of a gynmastic school on the property at 17001
Fish Point Road. Approval of this permit was subject to the following conditions:
1. The gymnastic school must be located as shown on the approved plans.
2, Hours are limited to 5:00 p.m. to 11:00 p.m. Monday-Friday and 7:00 a.m. to 11:00
p.m. on Saturday and Sunday.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for
use by the patrons of the school during designated hours.
4. The applicant has until one year from the date of adoption of the resolution by the
City Council to complete the required improvements and record the resolution or the
Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been
submitted to the City.
These conditions were consistent with the ordinance allowing gymnastic schools within
the Business Park (BP) zoning district.
On December 7, 1998, the City Council adopted Ordinance 98-17 amending the
permitted hours of operation for a gymnastic school in the BP district. This ordinance
allows the hours of operation for a gymnastic school to be extended to 2:00 PM to 11:00
PM on Mondays through Fridays for school sponsored activities.
In anticipation of the adoption of this ordinance amendment, the applicant filed an
application to amend his original conditional use permit to change the permitted hours of
d:\98files\98cu~\98-163\98-163pc.doc 1
agle Creek Ave. S.E., Prior Eake, Minnesota 5S372-1714 / ?h. (612) 447-4230 / Fax {612) 447-4245
AN EQUAL OPPORTUNITY EMFLOYER
operation. He is requesting the hours be extended to 2:00 PM through 11:00 PM on
Mondays through Fridays. There were no other changes requested with this proposed
amendment.
REVIEW PROCESS:
The proposed amendment to the CUP should be reviewed in accordance with the criteria
found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a
conditional use shall be anoroved if it is found to meet specific criteria. The criteria are
discussed on the following pages. In addition, the conditions for the operation of a
gymnastic school in the BP district, as outlined in Ordinance 98-17 must be adhered to.
These conditions 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 Monday-Friday and 7:00
AM to 11:00 PM on Saturday and Sunday. The hours of operation for a
sanctioned, school sponsored event may be extended to 2:00 PM to 11:00 PM on
Mondays through Fridays.
3. A minimum of one parking space per 300 square feet of floor area is required.
4. The minimum parking cannot be shared or combined with other uses.
SITE ANALYSIS:
The existing building is 25,520 square feet in area. The submitted building plan indicates
one designated 2,414 square foot tenant space and one half of an adjacent tenant space
(2,447 square feet total) of 1,224 square feet resulting in total area of approximately
3,638 square feet to be used for the gymnastics school.
The building is designed with 2,000 square feet of office, requiring 8 parking stalls and
23,520 of warehouse. Parking for warehouse use is based on one stall per employee.
Diversified Snacks has 5 employees, Tomac has 4 employees, Premier Industries
currently has 1 employee, but intends to have 4 or 5 total employees in the near future,
and Star Tribune has no employees but has contract drivers who pick-up papers fi.om the
site and work outside the building. The required parking is 13 for warehouse employees
and 8 for office use resulting in 21 stalls being used for current businesses. There are 41
parking stall on site, leaving 20 stalls for the gymnastics studio. Based on 3,638 square
feet, the gynmastics studio will require 12 stalls. Parking requirements are thus met.
CONDITIONAL USE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
l:\98files\98cup\98-163\98-163pc.doc 2
The proposed use is consistent with the conditional use provisions for the B-P Business
Park zoning district and conforms to all general regulations of the Zoning Ordinance
(upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed use of a gymnastics school does not appear to be dangerous, injurious or
noxious to other property or other property owners. The specific conditions for approval
have been met.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The landscape ordinance does not apply. The use is a leased tenant in an existing
building for which a landscape plan has been approved and a letter of credit is on file.
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
The building is constructed and the use is a leased tenant. The visual impression and
environment is consistent with the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The existing site has 41 parking stalls and only 20 of those are required for existing uses.
There is adequate parking, based on the ordinance, for the proposed use. There are 10
stalls directly in front of the gymnastics school and overflow parking can be
accommodated by utilizing parking in front of the site or in the rear by the loading docks.
Turn around for the students can be accomplished in the designate drive aisle or in the
loading dock area on the east side of the building. There is no land available for creating
another drive aisle for exiting purposes only. Congestion within the site may occur at the
beginning of practice and at the end of practice. One way to eliminate some of the
potential conflicts may be to limit the types of activities which may occur between the
hours of 2:00 PM and 5:00 PM. For example, the activities may be limited to school
practices only; there should be no meets or competitions allowed within that time.
The Planning Commission may also wish to require an annual review of the conditional
use permit in order to monitor any problems which may occur as a result of the operation
of the business.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
l:\98files\98cupL08-163\98-163pc.doc 3
The current Comprehensive Plan designates the property as Business Office Park. The
proposed use is educational or commercial. The Comprehensive Plan states primary uses
as corporate headquarters; and professional and administrative offices; and limited
research, development and manufacturing facilities. Related secondary uses such as
restaurants where food is ordered and consumed on the premises, hotels and other
businesses having limited contact with the general public and no retail sale of products
could be allowed as conditional uses. While this is not specifically listed as an intended
use, it is a result of actions of the City Council to fill an unmet need in the community not
anticipated when the Comprehensive Plan was adopted.
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
* Fire protection · Electrical disturbance,
· Noise * Vibrations,
· Odors * Air pollution,
· Glare * Erosion,
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
CONCLUSION
Staff is of the opinion that the proposed use would be appropriate to the proposed
location given the recent ordinance amendment to allow gymnastic schools as conditional
uses. Staffrecommends the Planning Commission recommend approval of the CUP with
the conditions specific to ordinance 98-17 such as hours of operation and parking to be
incorporated into the resolution.
ALTERNATIVES:
Recommend the City Council approve the CUP with specific conditions as
presented or with changes recommended by the Commission.
Continue the public hearing to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
Based upon expressed findings of fact, recommend the City Council deny part or
all of the application based upon consistency of the proposal with specific
regulations of the Zoning Ordinances.
RECOMMENDATION:
Staff recommends Alternative #1. Approval of the CUP should be subject to the
following conditions:
1. The gymnastic school must be located as shown on the approved plans.
1:~98files~98¢up'O8 - 16YO8-163pc.doc 4
2. Hours are limited to 5:00 p.m. to 11:00 p.m. Monday-Friday and 7:00 a.m. to 11:00
p.m. on Saturday and Sunday. The hours of operation may be extended to 2:00 PM to
11:00 PM for sanctioned school sponsored activities. These activities are limited to
practices only. No meets or competitions may be conducted within those hours.
3. Twelve parking spaces must be reserved for this use. These spaces must be signed for
use by the patrons of the school during designated hours.
4. This CLIP is to be reviewed one year from the date of approval by the City Council.
Such review is to include a detail of activities or problems occurring with the use.
The review may result in additional conditions being placed on the Conditional Use
Permit.
5. The applicant has until one year from the date of adoption of the resolution by the
City Council to complete the required improvements and record the resolution or the
Conditional Use Permit becomes null and void (Section 5-6-8). A certificate of
Occupancy will not be issued until proof of recording of the resolution has been
submitted to the City.
ACTION REOUIRED:
Motion and second recommending the City Council approve of the CLIP subject to the
listed conditions.
l:\98files\98cup\98-163Lo8-163pc.doc
5
CITY OF PRIOR LAKE
ORDINANCE NO. 98~ 1 ?
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):
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 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. The hours of operation for a
sanctioned school sponsored event may be extended to 2:00 PM to 11:00 PM on
Mondays through Fridays.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake tkis 7th day of December, 1998.
ATTEST:
he Prior Lake American on the 12th day of December, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
l:\98file$\98ordamd~zoning~98-152\ord98xx.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
City of Prior' Lake
L~ USE APPLICATION
Planning Case File No. q~' 1~3
Property Identification No. ~- ~,~,
16200 Eagle Creek Avenue S.E./,Prior Lake, Minnesota 55372-1714 / Phone (612) 4474230, Fax (6,12) 4474245
'Type of Application: . -. Brief description of proposed project (attach additionaI
· [] Rezoning, from (present zonin_*'~
to (pronosed zonin_~
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
[] Adminislxative Subdivision
~ Conditional Use Permit ~
[] Variance
[] Other:
Applicant(s): ~-~-v- w-~/
Address: q/r/ ~,~ P ~
Prope~. Owner(s) Jif different from Appli~nts]:
~ Phone: .~ e~- ~/0~ ' ' Work 3hone:
Type of Owne~hip: Fee Con~act for Deed Purchas~ A~eement .
Legal Descrip~on of ,~o. perty (Attach a copy if there is not enough space on th.is sheet):
t~t::>ol ~h t--b,nk._.G~t, -po.~4- ~. t_dr I, Bloc!e-.- ~,
To the best of my knowledge the informatio~provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
appl[.catinns will not be processed until deemed complete by the Planning Director or assignee.
Fee Owner's Signature
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNrNG COMMISSION APPROVED DENIED DATE OF HEARING
CITY COUNCIL APPROVED DENIED DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
!
I
L
k~)
__--
pROJECT:
PRIOR LAKE INDUSTRIAL
PRIOR LAKE, MN
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
6A
Vacation of Dedicated Water Main Easement
City of Prior Lake and Lee Nelson
16085 Northwood Road./
Jenni Tovar, Planner .~I~J
YES X NO-N/A
December 14, 1998
INTRODUCTION
This petition is part of the City's effort to clean-up easements within the City. As
the situation exists, the City has a water main easement and separate sanitary
sewer easement on Lot 94, Northwood. The existing water main is located
within the water main easement, however, it is not centered in the easement.
This is a problem for the City, since we would have to work within the easement
should the line need repair or replacement. It would be very difficult to work on
the water main and remain in the existing easement.
Additionally, the property owner intends to construct a garage addition. A permit
has been issued with the proposed garage located on a portion of the existing
water main easement. The permit was issued with the intent of the City to
correct the easement situation on the lot. Mr. Nelson is willing to grant the City
the proper easement as part of this vacation. After such dedication, the
proposed garage will not be located on any easement.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to the compliance with the
Comprehensive Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states that "no such
vacation shall be made unless it appears to be in the public interest to do so".
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing water main easement comply with the Comprehensive Plan and is
there a public need or anticipated future need for the dedicated property?
1620 L:\98FILES~98VAC~98-158k98-158PC.DOC
0 E-a~t~e CYeel~ Ave.-$.E., Prior L~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Comprehensive Plan Review ~,
The proposed vacation of the water main easement is consistent with the
Comprehensive Plan.
Public Need
There is no need for the City to keep the existing water main easement, as the
existing easement is not centered over the water main itself and a new easement
centered on the water main will be 9ranted as part of this vacation.
RECOMMENDATION
Considering that the proposed vacation is consistent with the Comprehensive
Plan and will not eliminate a public need, staff recommends approval of the
vacation of the water main easement with the condition a utility easement be
granted encompassing the location of the existing water main.
ALTERNATIVES:
Adopt 'Resolution 98-35PC, recommending the City Council approve the
proposed vacation of the water main easement as presented or with
changes recommended by the Commission.
Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan. In this case, staff should be
directed to prepare a resolution with findings.
RECOMMENDATION:
Alternative #1.
ACTION REQUIRED:
Motion to adopt the proposed Resolution as written or with changes directed by
the Planning Commission.
L:\98FILES\98VAC598-158~98-158PC.DOC
RESOLUTION 98-035PC
RESOLUTION RECOMMENDING THE VACATION OF A WATER MAIN
EASEMENT LOCATED ON LOT 94, NORTHWOOD
MOTION BY:
SECOND BY:
WHEREAS,
the Planning Commission of Prior Lake has considered the
vacation of a water main easement on the property located in Lot
94, Northwood; and
WHEREAS, the Planning Commission has determined that the proposed
vacation is compliant with the Comprehensive Plan; and
WHEREAS, the Planning Commission has determined that there is not a public
need for the water main easement.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PRIOR
LAKE, recommends to the City Council that the previously dedicated water main
easement legally described and shown on attached Exhibit A, be vacated with
the following conditions:
1. A 15 foot utility easement, centered over the existing water main be granted
to the city. Attached is Exhibit B indicating the legal description of such
property.
2. The documentation relating to his vacation and granting of the proper
easement be recorded within 60 days of approval or the vacation will be null
and void.
Passed and adopted this 14th day of December, 1998.
ATTEST:
Anthony Stamson, Chair
Don Rye, Planning Director
16200 EL~g~e~ F~ree~ve.AsG~, prior ~a~e,81V~in~lesota 55372-1714 / Ph. (612)447-4230 / Fax (61PL~g~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
· - /~' ' A 15 foot permanent easem~.nt for sanitary sewer purposcs
over, under and across Lot 94 according to the plat of Northwood
on' file in,the office of the County Recorder, Scott County,
Minnesota, lying 7.50 feet on each side of the following des-
cribed .
Line
A:
· ~ Commencing at the northeast corner of Lot 112,
% said plat of Northwood; thence South 03 degrees 41
~ ~ minutes 13 seconds East, assumed bearing, along
/ the east line of said Lot 112 a distance of 246.15
/ feet; thence South'89 degrees 31 minutes 14 seconds
-~West 193.22 feet more or less to the easterly line
iof Lot 108, said plat of Northwood; thence North
19 degrees 28 minutes 46 seconds West along said
- easterly line 98.60.feet; thence South 63 degrees
47 minutes 38 seconds West 199.00 feet; thence South
02 degrees 20 minutes 04 seconds West 175.09 feet;
thence South 67 degrees 44 minutes 07 second~ West
'185.09 feet; thence South 58 degrees 24 minutes 33
seconds West 161.15 feet; thence North 81 degrees
45 minutes 27 seconds West 56.05 feet; thence South
55 degrees 48 minutes 48 seconds West 35.00 feet to
the easterly line of said Lot 94 and the p~int of
beginning of said Line A; thence continuing South
55 degrees 48 minutes 48 seconds West 50.00 feet
more or less to the westerly ii'ne of said Lo~ 94 and
said Line A there ~ermin~ting.
.f Together with a permanent ea.sement for water, main over,
under and across that part of said Lot 94 lying 7.50 feet
on each side of the following described Line B:
I · Commencing 'at the northwest corner of Lot 91,
/ said plat of Northwood; thence South 30 degrees
/ 52 minutes 16 seconds East, assumed bearing, along
~ the westerly line of said Lot 91 a distance of 202.14
feet; thence North 63 degrees 15 minutes 19 seconds
East 77~9 feet; thence North 65 degrees 11 minutes
3.2 seconds East ·72.00 feet more or less'to the westerly
line of said Lot 94 and the 'point of beginning of said
Line B; thence continuing North ·65 degrees 11 minutes
~ 32 seconds East 50.00 feet and said Line B there ter-
~ minating. ~ ' ~
Together with a temporary construction easement o.V. er,
under and across that part of said Lot 94 lying 25.00~feet
on each side of the above described Lines A and B ~
Said temporary easements expire July 1, 1978. ~ .... ~ :'3
PARTIES OF INTEREST ...... 33 .........
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Minnesota Federal Savings & Loan $ -.~) O~ ~'~:O ~'~
County of Scott -..
Land Surveyors
Planners
EXHIBIT B
Valley Surveying Co., P.A.
(612) 447-2570
September 17, 1998
Suite
16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
Easement description prepared for:
City of Prior Lake, Engineering Dept.
16200 Eagle Creek Avenue SE
Prior Lake, MN. 55372
Att'n: Verlyn Raaen
SEP 2 i 1998
Re: Watermain easement description on Lot 94, Northwood.
DESCRIPTION:
An easement to construct, operate, maintain and repair a public watermain over, under
and across that part of Lot 94, NORTHWOOD, Scott County, Minnesota, described as
follows:
A strip of land 15.00 feet in width the centerline of which is described as follows:
Commencing at the most westerly comer of said Lot 94; thence South 31 degrees 30
minutes 51 seconds East assumed bearing along the southwesterly line of said Lot 94, a
distance of 219.06 feet to the point of beginning of the centerline to be described; thence
North 61 degrees 43 minutes 42 seconds East to the northeasterly line of said Lot 94, and
them terminating. The sidelines of said easement shall be shortened or extended as
required to provide a full 15.00 foot wide easement across said Lot 94.
D on b.
~onala ~. ~wanson, Lan ~urveyor
Minnesota License Number 10183
File No. 8593-A