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Home My WebLink About8A - Official Map for Ring Road MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT DECEMBER 21, 1998 8A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 98-XX APPROVING AN OFFICIAL MAP FOR THE RING ROAD LOCATED BETWEEN FRANKLIN TRAIL AND TORONTO AVENUE Historv: The City of Prior Lake has, for several years, anticipated the construction of a ring road between Franklin Trail and Toronto Avenue. 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. On August 18, 1998, the City Council issued Directive #97-36 directing staff to initiate the process of preparing and approving an Official Map for the ring road. 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 from 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 ofthe 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. Current Circumstances: The Planning Commission reviewed several potential alignments for this ring road in February and April of 1998. The alignment ultimately selected by the Planning Commission is shown on the attached survey. This alignment accomplishes the main objective of the ring road by providing access to the commercial properties with the least amount of impact on the existing development. b\98files,\98.s.ubje,c\98-0 19..\9..80 111cc.doc Page 1 162 IU Eagle CreeK Ave. S.t., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 98-XX APPROVING AN OFFICIAL MAP DESIGNATING THE CENTERLINE OF THE RING ROAD LOCATED BETWEEN FRANKLIN TRAIL AND TORONTO AVENUE The City Council ofthe City of Prior Lake does hereby ordain: WHEREAS, the City has anticipated the construction of a ring road between Franklin Trail and Toronto Avenue for the purpose of providing access to the commercial properties south and west of Highway 13, and to reroute that traffic from Highway 13 to a local street as part of the 2010 Comprehensive Plan; and WHEREAS, in order to implement that aspect of the Comprehensive Plan the City is proposing the adoption of this Official Map; and WHEREAS, Minnesota Statutes ~462.359 allows the City to adopt Official Maps. NOW THEREFORE, the City Council of the City of Prior Lake does ordain the map and legal description attached hereto as Exhibit A are designated as the Official Map #1 for the ring road located between Franklin Trail and Toronto Avenue. This ordinance shall take effect immediately upon its passage and publication. Passed by the City Council ofthe City of Prior Lake this 21st day of December, 1998. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of , 1998. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 .l:\98fi1es\98subiec\98.-lll9\ord98lQ{.doc . ..P~e. 1 16200 cagre CreeK Ave. 5.t::., t'nor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6r~r'f47-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A A strip ofland 60.00 feet in width of centerline of which is described as follows: Commencing at the southeast comer of said West Half of the Southeast Quarter; thence North 00 degrees 47 minutes 03 seconds East assumed bearing along the east line of said West Half of the Southeast Quarter, a distance of 1677.13 feet; thence North 89 degrees 12 minutes 57 seconds West a distance of 4.78 feet to a found Judicial Land Mark; thence continuing North 89 degrees 12 minutes 57 seconds West a distance of 149.84 feet to a found Judicial Land Mark; thence North 00 degrees 37 minutes 17 seconds East a distance of 256.44 feet to a found Judicial Land Mark on the southerly right-of-way line of County Road No. 39 (Franklin Trail) as monumented; thence South 87 degrees 54 minutes 54 seconds West along said southerly right-of-way line a distance of 30.28 feet to the point of beginning of the centerline to be described; thence South 00 degrees 47 minutes 03 seconds West a distance of377.28 feet; thence along a tangential curve concave to the west, having a radius of 215 .11 feet, a central angle of 50 degrees 57 minutes 23 seconds, an arc length of 191.31 feet; thence South 51 degrees 44 minutes 26 seconds West tangent to said curve a distance of245.00 feet; thence along a tangential curve concave to the north, having a radius of215.00 feet, a central angle of 42 degrees 13 minutes 06 seconds, an arc length of 158.42 feet; thence North 86 degrees 02 minutes 28 seconds West tangent to said curve a distance of 43.21 feet; thence along a tangential curve concave to the southeast, having aradius of 196.02 feet, a central angle of 46 degrees 40 minutes 08 seconds, an arc length of 159.66 feet to a point hereinafter referred to as point "A"; thence continuing along said last described curve having a radius of 196.02 feet, a central angle of 46 degrees 40 minutes 07 seconds, an arc length of 159.66 feet to the intersection with the centerline of Toronto Avenue as described in Scott County Recorder document no. 129233, and there terminating. Together with an additional 60.00 foot strip ofland the centerline of which is described as follows: Beginning at the above reference point "A"; thence North 42 degrees 42 minutes 35 seconds West a distance of20.00 feet; thence along a tangential curve concave to the east, having a radius of215.00 feet; a central angle of38 degrees 56 minutes 43 seconds, an arc length of 146.14 feet to the intersection with the centerline of Toronto Avenue as described in Scott County Recorder document no. 129233, and there terminating. L:\98FILES\98SUBJEC\98-0 19\LEGAL.DOC Tj' ... -_..._.~ ~.';'~-:":iO"':;:-'r~';;. _....., ..__'~:. :,~~~c- . ..!ORONro ..&Vl E ./. ~----;~~~~~~~~...:~ . - '.~-' ----.. -L-. ---...: ~'''' .,~. ~~_.,.. , , j ""'''' .~(, >. ~ ;;..- l,~.>. \~,:\(..._. ~~~ .... \ '" o~ \\ ~ .,\............ ). t~ :<> '. ...-'l~ / i~i ( :: t'"' - \\ ~ ii \\\ \~\;\. ", ,~o, \.... \. '-, ',\ .....~. \.0 0).... ~ ~ \'. '\. ~~~. ',.0 .\~ gi, ':, ...~~. ,"'-' :-. 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I -;..;.; ~ - i i-I 'fa, P06eP / / .~" _ .l2:.~.:.17;"Z:-i9-.'.~' i~~~ ~r' ~ ""'~ 2:J (:)', ( l: I Ij i - -) ,;.e.;, -, - r, -:: -.:. J).~.L.; \. _ _ . . 1 I' ... -- - I =.3 2GL~. ~--_ ",~.,1, . I ,.,... . i--:f.;j....... i . : .: . X. I.;. i. \wy .,=1 If:=: . I ..... . T ~J~-'~JIIU' 1,'1' :...-' /'. = }:.! ~ ---: I ", "'~ r1 ,=-1-' r:,~o(o :_1 ~ / J. I ---- tol i ,,- olj '---',.. ~~. 4J I i ~ :11 \,.......' -// "~';';:7 \,.,./ . , . " "~, " ...... ,......:....,-,. THE PONO ATHLETIC COMPLEX .....::..~- ORDERLY ANI' .- .....~. - _'0 ..- -.- ...... -- p,- -,... ~- _.-- -.. 1 i I! , , i i ! I i I I ; / I ..L.. s. la. PC MINUTES 9/14/98 . Prefer to see a nOJ;l-garage area for a storage place. MOTION BY V es by all. MOTION C~ A recess was called at 8:39 p.m. The meeting reconvened at 8:47 p.m. j, G. 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 September 14, 1998 on file in the office ofthe 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 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. The Planning staff recommends the Council approve the Official Map as proposed, or with changes specified by the Planning Commission. The Official Map provides for the alignment ofthe future road, and allows the City and the adjacent property owners to plan development consistent with this road alignment. Comments from the Public: Dean Williamson, of Frauenshuh Company, representing adjoining property owned by Park Nicollet, requested to continue the matter as they recently received a copy of the report. They would like to look at the size of the right-of-way, the vacant land, costs, assessments, etc. They are not opposed one way or another but would like to look over the options. Comments from the Commissioners: Cramer: . This issue has been before the Commissioners a number of times. Understands the concern for the adjacent property owners. This is not a pressing issue. 1:\98fi1es\98plcomm\pcmin\nm091498.doc 11 . No problem tabling the issue. -, Stamson: . Concurred. V onhof: . Agreed. Continue for 30 days to October 12, 1998. MOTrON BY CRAMER, SECOND BY VONHOF, TO CONTINUE THE HEARING TO OCTOBER 13, 1998. Vote taken signified ayes by all. MOTrON CARRIED. H. Case #98-109 Sandy Silfverston requesting variances for a fro t yard setbac and setbacks from a county road to construct a garage add' on for the property ated at 16196 Arcadia Avenue. Planner Jenni To the office of the Ci presented the Planning Report dated Septem r 14, 1998 on file in lanner. Staffhas concluded the v 'ance requests for the proposed esidential and garage additions are not substantiat with hardships pertainin 0 the lot the applicant has no control over. However, the PI . g Commission m feel the four criteria are met with respect to the residential addition, . n which case, st f should be directed to prepare a resolution with findings supporting ch a decisi including a condition the lots be combined prior to issuance of a build' perm'. Comments from the Public: Sandy Silfverston, 16196 Arcadia A v ue, state e has been in contact with Gary McKiver of the Scott County Audi r's Office co . g his property has never been part of the railroad property. A c y of the letter was 'stributed to the Commissioners. He also presented a letter from cott County stating the is no way to combine the parcels. Mr. Silfverston sai e originally requested a 8 x 4 foot addition which is not shown on the plan. His o' . al proposal was to take down e garage and rebuild with an addition. Silfversto xplained his proposal. Commissioners: V onhof: . To clari , the first variance is for a 19.6 front yard setback for the propo d residence off Arcad' Avenue, the second is for 62.8 setback for the proposed residence om the center lme of County Road 21; and the third variance is for a 1.5 foot garage setback. . With regard to the residential addition, hardships have been met. . The garage variance could be built differently. 1:\98fi1es\98plcomm\pcmin\nm091498.doc 12 ", PC -MINUTES 10/12/98 VARIANCE T9 PERMIT IMPERVIOUS SURF ACE COVERAGE OF 34.5 PERCENT RATHER THAN MAXIMUM PERMITTED OF 30 PERCENT 44, C.O. HANNEN'S MAPLE es by all. MOTrON CARRIED. V onhof explain 5. Old Business: 1 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 ofthe 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 Teroute 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 concern 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, explained how the family business started 30 years ago and renting the building is his mother's only source of income. rfthe 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. 1:\98fi1es\98plconun\pcmin\rrm 1 01298.doc 3 ~'": '.. ... r -, 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. V onhof 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 1:\98fi1es\98p1conun\pcmin\nm 1 01298.doc 4 1-';;_ best judgment. The impact is less thl:!1l 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. V onhof: . 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 hearing. 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 HA VB 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. 1:\98fi1es\98plcomm\pcmin\nm 1 01298.doc 5 '- Vote taken signified ayes by V onhof and Kuykendall, nay be Criego. MOTION CARRIED. 6. New siness: Rye gave feedback on ity Council's public he Council continued the he 'g to November 2, on the proposed Zoning Ordinance. 98. There were some minor changes. Rye also gave an update on the identify actual projects. development study. The next step is to 7. 8. Don Rye Director of Planning Connie Carlson Recording Secretary 1:\98fi1es\98plcomm\pcmin\nm 1 01298.doc 6 PC MINUTES 11/23/98 Stamson: . No al business hours are 8:00 a.m. to 5:00 p.m., that is why we created the 5:00 p.m. f limit. V onhof: . That is why we s uld restrict the time at 5:00 p.m. to school activities/:::Ml~..don't want to compete wit other business park activities at that time. ..::::::{::fJf::::::::,::::::::;:;tt MOTION BY VONHOF, SE OND BY KUYKENDALL, TO ~~~~ cny COUNCIL APPROVE AME NT TO SECTION 5-5-15~')jI/ HE{Il.UOR LAKE CITY CODE AND AME G SECTION 6.15 (D}:Jql;,,:::,::::::..::;... PRIORJI~ . ZONING ORDINANCE 83-6 SPEC CALLY UNDEl\$(::"':',....,"'::::::.r GYMNAs'nl:::::::::::::::::::?:' SCHOOLS, PROVIDED THAT SUCH E OCCUP,::":' 0 M.ORE THAN 4,00<:[:::::::r::" SQUARE FEET OF FLOOR AREA IN T RIN,::::;:,r)~ STKmB:JURE, HO~::"OF OPERATION ARE LIMITED TO 5:00 P.M. T '::r:"Cli:hBiM:. M0NDAYS THROUGH -.;.:.;.:.:.;.;.;.:..' ,,:.:.:.:.' '.:.;.:.' FRIDAYS AND 7:00 A.M. TO 11:00 P.M. SA ":~ll:!.\ND SUNDAY, AND A MINIMUM OF ONE PARKING SP AC . ER 300 S AR:ti::t~T OF FLOOR AREA IS PROVIDED. THE MINIMUM::::,:L::;:::fi:E.EQ N1l::!~::~fDT TO BE COl\ffiINED OR SHARED P G ~MJ~IMP.~ US rN::WRE BUSINESS PARK. THE HOURS OF RATION F~p.. A.:s:.mWJ.Q,:.,.......:.:.:.. ';:::SCHOOL SPONSORED EVENT Y BE EXTEND'liP lJ;:r2:0"trp~lsit 1 :00 P.M. ON MONDAYS THRO H FRI:DAYS '::tt:{r:" ..:{)::;" ,,::::::::::::::?:t::::::::/:::{::::'::i:::::~\ :\:::!:::::::, '.:::.. fie~idj~::~bY all. ~lfrION C^70. This matter will gO'::hef6i,':~i~::::f:il:::IB.g~~:::~~::,ecember 7, 1998. 5. ~:~:~::::I:~:-i:~:~::m::::::::., ':::(::::::::!:':.:::',::::t::::::::::::::;:);:. A. ~:~~P#98-019 C'6q~!'9:~r an 0:1831 map for a ring road in the southeast corner of '::f::f~~t~::ay 13, from ~llrklin;'rrail to Tower Street. Plannin~H@pprdinator Jag~iKansier presented the Planning Report dated November 23, 1998, on 'fil!j::P:hthe off.i9~::'Ofthe City Planner. "::::~:;:~:f~:~:;::::.. ..::f~{::" Staff recomm;~~I1:::~~proval of the Official Map as proposed or with changes specified by the PlanningtC'ommission. i 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:\98fi1es\98plcomm\pcmin\nm112398.doc 4 is shown on the attached survey. This alignment has the ~least impact on existing development. The public hearing was reopened, Comments from the Public: Lorraine Borka, 14384 Rutgers Street, stated she attended the October IIlAI::fu1d gave testimony and asked to take into consideration her building and prop~d~;;::..She will not benefit if the road goes through~ Renting out her building is her ~9!!.HhBq~~~:..along with Social Security. Mrs.. Borka suggested moving the road down ~~r bet\V~!Rt::::" ::::::::g::;o:~:Propmty. /:' ~ ,':':':';';':':'. "::~1j~j~~j~}:::;.. '.:.:.' .::,:.,:~.;.1f1tj)~~~~,;,'~::~:'~:.~:.~::.~::~::.1::.~::.;::.'::,'::.:::.:::,'::.'::.::,::,:::::.:.::., .". ... . ,,:: ~~j jij~~I~Ijj ~j~1~j[;Ij ~t~~::. ";';';';';':':':':', ,,:.:.:.:.' ..:;::::::::::::::::::::::::;.' Kuykendall: "::"~~r::j:jjj:i:)~}:" . Went out on the site and studied the q&Wiygs and was invd~~?!jD:~e original discussions on the alignment. A numb~tt;iiij9.gp~ were consll:~'d and this proposal had the least impact, yet the most publlq::goO(e::q!~;9:.~!:w1ds}ifs. Borka's concern and . ~:::~e~~c:~~:n~~=~~ WOUld:i'iti!:;~iRpen:Mi,:::::r;::' . Sup ort stafrs proposal.... ":::"':::::::::::~:~~ ..... ~ra~i~~~d:e~a fair compensation with the City. . This pr9.P9~~:~imP.!icts the:'lal. amount of people, yet allows a safe transition of ~=ay . WerlHiUtJo the site..,;{W'Uestion to staff regarding the curvature of the road. Would a ''T'' in'l-jjqi:f9:~d b~:dptter for traffic flow? . Rye said IF~mn~Mht of discussions from the Planning Commission. The idea was to square it out,;iii!::1h the long term, Toronto may cease to exist in the future. . Propose a sff~ight "T" under 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. Comments from the Commissioners: 1:\98fi1es\98plcomm\pcmin\nm 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. V onhof: . Toronto connection would be lost eventually. . Why curve off now when we don't know? What's the difference ifwe.:Jp.~f..,it a "T"? ..::::;:;:~::::::::::.:.:.:.:.::::::::t~:: ,.::tt:::;.. 1 .,::::::::::::::~ Kuykendal : ,,:::f:)<:::::::tt::.. . Recall this alignment was selected to avoid the structure. It 'Y~:::the"1.t..amount of negative impact on the existing buildings and development. '\:1:::::: ":::::::f::ft::::., . This is the proper design. ":::':'::::'::'::::::::::.::.::'::':.::.:::.:::::::::::!::::::t:t:;;:'.:ii:i:::: ..:::t:::i:::i::i:t:::::.. ,." ":::::::::::iiiiil':.:iiiii:::::f::::::::" Cramer: "::::/}::::'. ":':':':':', .:(f:::" . It has to be made clear the ring road is the prim,:p:::_li,:;::::::~:::'ttt:b:to. Stamson: "::;;::::rmrr:;., :O::f~roPOSed alignment actually COV~uire~e of being a "T". . Want to make sure our rationale is strOJ.i~t ThSfJ::l;;::i~miR~:::on the table for Priordale Mall. :\ft..:::::{::::::" "':::rr:r:::" . The area was poorly de.~fP~~:::::i:::::::::::: \::::::::::::: .:;:r::" ..::::~~J~f~::::" ..:::~t1~tjj~) \~jjf~::.. ,', ~ra~; J~~~~~~~~~~r~~e~~~is~::~:~~~~; ":::::::::::::::;::'. ~:~.O~:~:ti: :=:~:tb:~~o~~n~~=~mber the ggMf concept has bein:::~ound#hr a long time and I don't know if we should try to ap.t1~I!l~ a specific layow;::pf some future development in order to lay this thing out. At :'::Xave ~1"tbiS is what we're going to do". . This is al~d:::t,~~~giopment. Not saying this is wrong, it should be part of an over-all plan that soq!:g6ne can look at and say "The road is going to curve here." . Questioned {fthere is a plan for a semaphore at Tower and Toronto at some point when the traffic count picks up. Kuykendall: . 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. 1:\98fi1es\98plcomrn\pcmin\rrm 112398.doc 6 -, Stamson: . Concurs with Kuykendall, this is the best possible solution. Cramer: . Supportive as well. MOTION BY KUYKENDALL, SECOND BY CRAMER, RECUMMENQWQ CITY COUNCIL ADOPT ALIGNMENT OF THE RING ROAD AS PRoPq:~J$D::IN:::THE STAFF REPORT. ,..::t~:~:::~:~::,:::.. ,,:: ::r:~:~ ::::-:.::::~:~:;:~:;:;:; :;::" Vote taken signified ayes by all. MOTION CARRIED. AIIli>-f' This issue will go before the City Council Decemberr" ., 6. ,':::::::::::::::::::::::::'. '::i1;;::::':':'::::::{~~1~1~~~f~[1~~t:::.. ..... "::::::~:)::f~:::::~f::::" ..::::t!tilliiilii:::::i}::::" "::::i~jj~~1~~~1~~~j~~jjj jj~tj 1f~:;' ";';';';';';';';" . Workshop meeting on Novemb<'. cit;i'::gj.lIhil.:.....:,.,..,.,:::::" .:::~Jff:" . The December 14 meeting is re e d:j~9..,&d~:sday;:'j1fIF!nber 15. Commissioners Kuykendall and Cramer wi :,:::;':', $tbe able t<i/:':"':" end. .(/::" . The December 28 m~:st~::,::::g...;ij:jllPceled dri~::~? a of quorum. . The Council is do,.:::, ::::::::::::"0 5 specit19.~:items for d\WUJ8sion is holding a workshop . ~:~~~:~:l~' o~~~lll!~:::Ml~::::,i'i:i:[ll!I;:jiaf~::cems on Highway 13 to discuss at the Nove er 30, worksljgp:~"""" ....:.:.:.~.:.:.:.:.:.:.:.:.:.:.:.:.:.... . ..::::;j~j~~j~~~~~1~~t;~:..:.. ,':', ,A~jig~~:i::i!~I_:::::t:::,. "::::::::::: :::::::::::::;:tf:' ..::::~;J~jjjj::::" "::::~jtI~j~~~~1~t Director ofPl~g .::;;;::;;., 7. 8. Connie Carlson Recording Secretary 1:\98fi1es\98plcomm\pcmin\nm112398.doc 7 ~ Jt ..- l?~ ~~ 04~7 a~ t:Z ~tJ ~~) GB~ d ~'-7V cV ~-vnu-1.-Ct.~Jj ~f-LdL1 ~ Ib7 ~3 O~~ t:h-'-0 VJ;, C. a~~1 ~Ju 0JZ1 A-- --"~ ~ ~ Q"-'1 Q~, ~~ 1r''''' .k ~"u YJU?1 rC{ i I H~~1' " d ~ ~ r /?tw.U ~ r 7 ~<k,( ~ .J- ~~ d ~ ~~ t: ~J: ~ ~ ~<.d.w .r ~ _a.../cd ~ ~_ 71 ____ O~ ..~v ~~~ d. ~ Cd ~~uJ / ~,t. 74/:- ~~~ ff"l ft "7 ~ ~ _ .h.~1 . ~o ~ _a~yVr ~<V ~ ~ ~C?~ ~<Y ~ ..-c.Lv ~ .??-n.-~...J ..k- 0/..-6/ ~ -d4<~7_' ,d. ~~ ~d.-. r ~ ~1;ft-7 Q--U M- . ~tr ~,"4 Ci? oV}.J , . ILj38''i~ p- L:8~) ~~jO-- tJ 16 - /J 7 Y ) IT!@@O\'{7@I'" SEP I 4 19S8 I I 1::1 1-612-993-3895 RERL ESTRTE/FRCILITY 185 P02 OCT 09 '98 15:16 Methodist Hospital PtIJ'k NicoIl4I Clinic Primflry PhyJician Network The FOIC"dg,non Instituts for RUedrch flTld EduCfltioH 3800 Pule Nicolli:t Boulevard Minneapolis, MN SS416-26~9 Tel (612) 993-3123 Duane F. Spieg/e, CPM Admi1li.strativs Dinctor ReG' E.slate and Support ServicBl (612) 993.3897 -Ii.' HealthSystem Minnesota October 9, 1998 ~ ~ ~ Ow lli iT'>' ni .!, q I I! /i ; " I 'I I Il:) OCT - 9 1998 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Proposed "Ring Road" Dear Jane: We appreciated the opportunity to discuss the "ring road" with Don R.ye, Frank Boyles and you on Monday, October S. 1998. As mentioned, HealthSystem Minnesota C'HSM') is in general acceptance of the proposed location; however, there remains a series of concerns and opposition to the entire package. We feet the City of Prior Lake should complete a more detailed concept plan illustrating the creation and deletion ofvar1oUS road connections around our property and the corresponding economic impact associated with the roadway. It is our request that the City of Prior Lake consider our concerns as the process moves forward. The following are our concerns to be considered by staff, commission, and council: (1) Accessibilitv. The current "ring road" map details the location of the road from Franklin Trail to the edge of our property. Not knowing what future development will bring to that area. we feel the timing is premature. In addition. it is our understanding that the City of Prior Lake would be eliminating the existing frontage road which currently directs traffic from Toronto to the EZ Stop Gas Station fronting Highway 13. The City of Prior Lake has not produced a fonnal map reflecting that change or a formal map showing the exact connection ofthe <<ring road" to other roadways located to the south. (2) Cost The "ring road" has been a concept developed by the City of Prior Lake to enhance development for others in the community and deflect traffic flow from Highway 13. We are emphatically opposed to the "ring road" being developed and assessed back to. us. As you know, we have a private drive to the Park Nicollet Clinic from Franklin Trail. The "ring road" is of no use to our property and by no means will enhance our property in the future. The economic benefit is for the city and other property owners. , " 1-612-993-3895 REAL ESTATE/FACILITY 185 P03 OCT 09 '98 15:16 Jane Kansier, City ofPnor Lake Page 2 October 9, 1998 (3) Prooertv TaL In addition to the economic factors mentioned above, we are concerned with the property tax associated with the "ring road" and how that will affect the current and future assessment ofthe property. We would like some consideration on how this property is assessed, since we have limited use of the land if the "ring road" is adopted. Prior to the "ring road" becoming an official map, it is our recommendation that the above. factors be closely reviewed and discussed. As you know, we have enjoyed our new location; however, we have endured some undesirable circumstances as we built a first-class medical facility in Prior Lake. We feel our development in this area will help spur future redevelopment in this location and will be a tremendous site in the future. We request the City of Prior Lake examine the entire TIP district area where we are located along Highway 13. We appreciate your listening to our concerns and look forward to answering any additional questions. Please make sure this letter is forwarded to the mayor, city council, and planning commission. Feel free to call me at 993-3897 should you have any comments. I will be unable to attend the Monday evening meeting; however, Dean Williamson from Frauenshuh will be there to answer any questions. fi : .. I aneF. sftf:f c: John Herman .. '4 ~ ~2..35Z HOtJSING. REDEVELOPME:'IT.. Pu..'INING. ZONING 'j 1 1 ... '-. :.i: ~ .. ... ,.,. - .. ~ i - ~ ~ ~- :.! surface are::tS necessary for mined und....;rvund space development pursuant to sections 469.135 to 469.141. together with their estimated cose. the juscific::J.tion for e::J.ch improve- ment. the impact thac such improvements will have on the current oper:lcing expense of the municipal icy. and such other information on capical improvements as may be pertinent. Subd. 10. Official map. -Official map" m~S a map adopted in accordance with sec-: cion 462.359 which may show e:tiscing and proposed furore streets. roads. and highways of the municip:.llicy and councy, the ~::J. needed for widening of existing streets. roads. and highways of the municipalicy and councy, existing and proposed :lir space and subsurface l1I"C::tS necessary for mined underground space development pursuant to sections 469.135 to 469.141. and existinlZ and future councv smte:lid hilZhwavs and smte crunk hilZhwav rilZhtS- of-way. .'-\11 offici:.11 map may also sho~ the loc::J.non of dxisting and future p~blic 'Iand and f:u:ilities within the municipal icy. In counties in the metropolitan aI"e::J. as de tined in section 473.121. officiall11llps may for a period of up to tive ye:lrs designate the bound:uies of aI"e::tS reserved for purposes of soil conservation. water supply conservation. flood control and sur- face water dr::tinage and removal including appropriate regulations protecting such :ll'C::tS against encroachment by buildings. other physical structures or facilities. Subd. II. Governing body. "Governing body" in the c:lSe of cities means the council by whatever mune known. and in the C:.lSe of a town. means the town boOId. Subd. 12. Subdivision. "Subdivision- means the separ:l.Cion of an :J.re:l. POIcel. or tr:lct of land under single ownership into two or more POIceIs. tr:lctS. lots. or long-term le:.lSehold interests where the cre'J.tion of the le:.lSehold interest necessimtes the cre::J.non of streets, roads. or :.111eys. for residential. commercial. industrial. or other use or any combination thereof. except those separations: (a) Where all the resulting po.rc:!s. tr.1ctS. lots. or interests will be 20 acres or !D.rger in size and 500 feet in width for residential uses and five acres or lar2:er in size for commerci:ll and industrial USd: - (b) Creating cemetery tots: (C) Resulting from court orders. or the: adjuscmem of a lot line by the reloc::.rion of a com- mon boundary. Subd. 13. Plat. "PI:le means the drawing or map of a subdivision prepOIed for tiling of record pursuant to ch:.lpter 505 and containing all elements and requirements set forth in ap- plicable 10c:.11 regulations adopted pursuant to section 462.353 and chapter 505. Subd. 14. Subdivision regulation. "Subdivision regul:ltion" means an ordinance .adopted pursuant to section -+62.353 regulating the subdivision of land. ~ Subd. 15. Official controls. "Official controls" or "controls" me:ms ordinances and . regulations which contrOl the physic:l1 development of a city. county or town or any part thereof including air space and subsurface are:!.:; necessary for mined underground space de- velopment pursuant to sections .::.69.135 to 469.l~ 1, or any det:lil thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances es- tablishing zoning. subdivision controls. site plan regulations. sanitary codes. building codes and official maps. Subd. 16. Preliminary approval. "Preliminary approval" means official action taken by a municipality on an application to create a subdivision which establishes the rights and obligations set forJI in section 462.358 and the applicable subdivision reg'Jlation. In accor- dance with section .+62.358. and unless otherwise spedried in the applicable subdivision reg- ul:.ltion. preiiminOIY approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without Iimit:ltion the number. layout. and 10c::J.tion of lots. tr:lc:s. blocks, and parcels to be created. location of streets. roads. utili- ties and facilities. park and drainage facUities. and lands to be dedic::J.ted for public use. Subd. 17. Property rights. Tne words "area." "interest in re:ll property." "ground:' "land." "loc." "parcel:' "property," "re:1l est:lte." "re:1l propertJ:' "site." "territory," and "tract," and other terms describing re:ll property shall include within their meaning. but not )- 4 "i I 1 , ~ ~ :i ." :; ; ? i ~ , J . I . ,;. . t . " I I , f . , . ; ~7 f.. r ..... . C 815 827 be limite: opment ~ Hisi 1980 C 5f an '2 s 1 4 . , 462..353 Sub. nicipal pi nieipalit:- ment sue.:: sections - Sub. palit: m.. displays. tions.ant..: public on SUbl. anv fund: paiicv ma\ tr:lCtS wid~ the:-:mce , Subli bv it in reo official c.:l' permit or . cion~. F::::::~ Subli inform:ltit amc::numc:: permit or . tions to c.:::: tere:>t, anu ta.,,<e~ whie.:, ment. ur \\ pOSeS of ch orde::-. conr Histo; ~ ~r ,ill ;1 ... '. - ,~ if , . .' . '.- '. 462..354 0 SubJi plannin!! a~ VOte l) f all ;- as orhe::" pu' charr::::". or ~ the folIowi: ( ! J It . oftle.:i:lb an may be a J: sion shall b (2) It ;. and shall ill. istr:ltion. Ii staff;J.S in :r S ubd. ~ adOpting or '. ! - "- '... ~- ....... ... - - "i.J ~ . a . .~~ ~ 46U585 HOUSING. REDEVELOP~'T. PUNNING. ZONING ---. 462.3585 JOINT PLANNING BOARD. Upon request of a home rule charter or statutory city councilor county or town board by resolution presented to the county auditor of the county of the affected territory a board shall be established to exercise planning and land use control authority in the unincorporated area within two miles of the corporate limits of a city. The board shall have members in a number determined 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. count)'. 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 single city. the parties may ere:lte one board rather than a set>arate board for each county or town.. with equal member- ship from each affected govemmenml unit. Tne board shall serve as the governing body and board of appeals and adjustments for purposes of sections ~2.351 to ~2.364 within the two-mile area. The board shall have all of the powers contained in sections 462.351 to 462.364 and shall have authority to adopt and enforce the uniform fire code promulgated pursuant to section 299F.O 11. The city shall provide staff for the preparation and administra- tion of land use controls unless otherwise agreed by the governmental units. If a municipality extends the applic:uion of its subdivision regul:ltions to unincorporated territory located within twO miles of its limits pursuant to section 462.358. subdivision la. before the creation of a joint board. the subdivision regulations which the municipality has extended shall apply until the joint board adopts subdiviliion regulations. Histor)': 1982 c' 507 s 24 462.359 PROCEDURE FOR PLAN EFFECTUATION: OFF1CIAL MAPS. Subdivision 1. Statement of purpose. Land that is n~:::ded for future street purposes and as siteli for other necess;n-y public facilities and service~ ili frequently diverted to nonpub- lie uses which could have been Ioc:lted on other lands without hardshio or inconvenience to the owners. When this happens. public us~s of land may be denied or may be obtained later only at prohibitive cost or at th~ expense of dislocating the:: owners and oCI.:upants of the land. Identification on an official map of land needed for future pubiic u:;e:; permits both the public and private property owners to adjulit their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. Subd. 1. Adoption. After the planning agency has adopted a major thoroughfare plan and a community facilities plan. it may. for the purpose of c:urying out the policies of the major thoroughfare plan and community facilities plan. prepare and recommend to the gov- erning body a proposed official map covering the entire muni.;ipality or any portion thereof. The governing body may. after holding a public he:1ring. adopt amI amend the official map by ordinance. A notice of the tim~. place and purpose of the he::aring shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The official m:lp or maps shall be prepared in sufficient detail to p,ermit the establishment of the future aCCjuisitio..1 lines on the ground. In unplatted areas a mmimum of a centerline survey shall have been made prior to the preparation of the final dmft of the official map. The accura- cy of the future acquiliition line$ shown on the official map shaH be attested 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 be filed with the county recorder as provided in sec- tions 462.351 to 462.364. Subd. 3. Effect. After an official mao has been adooted and filed. the issuance of build- ing permits by the municipality shall be subject to the provisions of this section. Whenever anv street or hi2hwav is widened or imoroved or any DeW street is opened. or interests in larids for ocher publi~ purpose$ are acq~ired 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 che mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. Tne adoption of an official map does not give che municipality any right. title. or interest in areas identified for public purposes thereon. but the adoption of the map do~s authorize the municioalitv to aC:Juire such interests without oavim!: comoensation for buildings or strUctures ereCted in such areas without a permit or in ~ioiation of the conditions of a permit. ~ ~ ... - '" :~ ~ ~ -:t 4.>- .;;: 836 -~ 83; ~ ~ .;.. Subd. 4. Appe: tion is denied. the I: with it by the owner any case in which t: that the entire prop forms a pan cannot granted. and (b) tha the official map and 'property in the use : or approval is requ: hearing required by newspaper once at : adjustments author. board or commissio of the board to ins.: proceedin2s are sta: provals shan issue tt nances. The board $; the extent and char~ Histor)': 196: 462.3595 CONDE Subdivision 1. types of developme: acth;ties as conditie the governing body. dards ::md criteria St. include boch gener:!. quir.ements specific Subd. 2. Publh shall be held in the .- Subd. 3. Durat; tions a!!reed utlon ar from enacting 'or arr. Subd. 4. Filing wich the couney recc pality is loc:lted for i the property include History: 198::; '.~-. 462.3:97 l:.'iTERL' Subdivision I. I tic:.Ilar date. until the permit it. Subd. 2. Autho im uses. Tne regulat: permission for an in: ( 1,' che use COnI (1) the date or ; (3) pe:mission ( for me pubiic to take (.::!.) the user agre mission of che use. Any interim use . town board by y :1 board shall orpor:lted area rs in :1 number 'll1 -=qu:1l nUrn- ::oS or the city, respect to the ,e parties may lual member- jng body and ;..L within the s -1-61.35 I to :lromulgated i :uiministnl- municipality cory loc:u:cd the cre:ltion [ sh:1l1 apply S. :: purposes co nonpub- 'enience co ained later If the land. the public l~Y before li:m: plan :c:s of the ) the gov- 1 chereof. 11 mao bv cd in' the ing. Tne :nt of the e survey : aC::;Ur:l- :gistered .;opy of t in sec- if build- lenever :-ests in in suct! ,cion of ng line 'ied for I n gnr. e :nap on {or iitions 836 ...j """ ;; "3t .~ ~ AlP .... ~' ~ 1 ~ - .- .... : ..;;; iJ ~ '"'- ~ 831 HOL'SlNG. REDEVEI.OP~1E'ft PLu"'INING. ZONING ~U591 4........ -'. ' ~ Subd. 4. Appeals. If a land use or zoning permit or approval for :1 building in such 10c:J.- ~, 7""'tion is denied. the board of appe:J.ls and :J.djustments shall have the power. upon appeal filed ::;;. with ic by the owner of the land. to ~t 3. permit or :J.pproval for building in such loc:J.cion in any C:lSe in which the'board finds. upon the evidence and the :J.rguments presented to it. (a) thac the entire property of the :J.ppellam of which such area identified for public purposes foons :J. part cannot yield :J. re:lSonable return to the owner unless such :J. permit or :J.pproiial is gr.mted. and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership. the gmnt of such permic or :1pproval is required by considemtions of justice and equicy. In :J.ddition co the notice of he:J.ring required by section ~2.354. subdivision 2. :J. nocice shall be published in the official newspaper once :J.t [east ten days before the cUly of the he:uing. If the board of appeals and adjustments authorizes che issuance of a permit or approval the governing body or other board or commission having jurisdiction shall have six months from the dace of the decision of the board to institute proceedings to acquire such land or interest therein. and if no such proceedings are started within that ti.n'ie. the officer responsible for issuing pennits or ap- provals shall issue the pennic or approval if the application otherwise conforms to loc:u ordi- nances. The board shall specitY the e:tact (ocation. ground area.. height and other details as to the .extent and char::tcter of the building for which the permit or approval is gmnted. History: 1965 c 670 s 9: 1976 c 181 s 2: 1986 c 4-J-I.: 1995 c 254 an J s 8 462.3595 CONDmONAL USE PERi.yIITS. Subdivision 1. Authority. The governing body may by ordinance designate certain types of developments. including planned unit developments. and ceruin land development activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the stan- &rds and criteria stated in the ordinance will be satisried. The standards and criteria shall include both gener:ll requirements for all conditional uses. and insofar as practic:tble. re- quirements specific to each designated conditional use. Subd. 2.. Public hearings. Public he:mngs on the grancing of conditional use pennits shall be held in the manner provided in section ~2.357, subdivision 3. Subd. 3. Durotion. A conditional use pennit shall remain in effect as long as the condi- tions :l;areed upon ~e observed. but nothing in this section shall prevent the municipality from enacting or amending official controls to change che status or .;ondicional uses. Subd. 4. Filing of permit. A certified copy of any conditional use pennit shall be ftIed with the county recorder or re2istrar or titles of the county or counties in which the munici- palit"'! is loc:tted for record. Tne conditional use pennit sh~ll include the legal description of the property included. History: 1982 c 507 s 25 462.3:97 INTERL'vl USES. Subdivision 1. Definition. An "interim use~ is a temporary use of property uncil a P:J.r- ticular date, uncil the occurrence of :J. particular event. or until zoning regulations no longer permit it. Subd. 2. Authority. Zoning reg'Jlations may permic the governing body to allow inter- im uses. Tne regulations may set conditions on interim uses. Tne governing body may grant permission for an interim use of prope:ty if: (1) the use conio011.'3 to the zoning regulations: (2) the cUlte or event that will te:minate the use can be identified with ce:tainty; (3) permission of the use will not impose :J.dditional costs on the public if it is necessary for the public to rake the property in the future: and (4.) the user agrees to any conditions th::t the governing body deems appropriate for per- mission of the use. Any incerim use may be terminated by a change in zoning regulations. I