HomeMy WebLinkAbout10B - Stonewood Development - 4520 Tower Street
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 4,1998
lOB
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX DENYING
A COMPREHENSIVE PLAN AMENDMENT AND ZONE
CHANGE REQUEST BY STONEWOOD DEVELOPMENT FOR
THE PROPERTY LOCATED AT 4520 TOWER STREET
Historv: In October, 1997, Stonewood Development submitted an
application to amend the Comprehensive Plan Land Use Map from the
C-CC (Community Retail Shopping) designation to the R-HD (High
Density Residential) designation on 3 acres of vacant land located on
the south side of Tower Street between Toronto Avenue and Duluth
Avenue, south of Prior dale Mall and west of Pond's Edge Early
Learning School. The application also included a request to rezone the
property from the B-3 (General Business) district to the R-3 (Multiple
Residential) district. The purpose for these requests is to allow the
developer to develop this property. Although no specific plans for the
development of this site have been submitted, the developer has stated
his intention to construct a three-story multi-family dwelling.
This item was originally considered by the Planning Commission on
December 8, 1997. The Planning Commission tabled action on this
item to allow the applicant to meet with the residents of the adjacent
neighborhood to discuss his plans for this property. The applicant
conducted a neighborhood meeting on January 27, 1998.
On April 13, 1998, this item was reconsidered by the Planning
Commission. The Commission also heard additional testimony from
the applicant and residents of the adjacent neighborhood.
Current Circumstances: The property is presently designated C-CC
which is characterized by retail shopping centers designed to provide
shopping and convenience facilities to a broader residential area. The
B-3 (General Business) district is the corresponding zoning district for
this designation.
The proposed R-HD designation is intended to provide an opportunity
to create population centers near community activity areas. The R-3
district is the corresponding district for this designation.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
The Issues: There are several issues with respect to this application.
First of all, is the question of whether the proposed Comprehensive
Plan Land Use designation and the proposed Zoning District are
consistent and complimentary with the surrounding area. This site is
located adjacent to existing commercial areas on the north and west, to
high density (R-3) residential areas on the east, and to low density (R-
1) residential areas on the south. The proposed designation is
consistent with the designation and zoning of the property to the east.
A list of the uses permitted in the R-3 district is attached for your
information.
The second issue is the effect ofthis proposal on the supply of
commercial land in the City. Approval of this request will reduce the
amount of existing commercially zoned land by approximately three
acres. The size ofthe parcel is not conducive to a large scale
development; however, the parcel can accommodate several different
types of commercial uses. If the property remains zoned B-3, any of
the uses permitted in that district may be developed on this site. A list
of the uses permitted in the B-3 district is attached.
Conclusion: The Planning Commission recommended denial of this
request. While they did not disagree that the proposed R-HD
designation and R-3 zoning were consistent with the adjacent area,
they were primarily concerned with the reduction of commercially
zoned land in the City. A copy ofthe minutes ofthe December 8,
1997, Planning Commission meeting minutes and the draft minutes of
the April 13, 1998, Planning Commission meeting are attached for
your information.
In its report to the Planning Commission, the staff recommended
approval of this request based on the fact the proposed Comprehensive
Plan designation and Zoning district is compatible with the designation
and zoning ofthe property directly adjacent to the east.
Any development of this property will generate property tax revenue.
There is no budget impact beyond the standard permit processing
costs.
The City Council has three alternatives:
1. Approve Resolution 98-XX denying the proposed amendment to
the Comprehensive Plan Land Use Map and the proposed Zoning
District change.
2. Deny Resolution 98-XX, and direct the staff to prepare a resolution
approving the proposed amendment to the Comprehensive Plan
Land Use Map and an ordinance approving the proposed Zone
Change.
3. Defer this item and provide staffwith specific direction.
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Page 2
RECOMMENDED
MOTION:
REVIEWED BY:
If the City Council concurs with the Planning Commission
recommendation, Alternative #1 is appropriate. This requires a motion
and second to adopt Resolution 98-XX denying the proposed
amendment to the Comprehensive Plan Land Use Map and the
proposed Zoning District change.
If the City Council concurs with the Planning staff recommendation,
Alternative #2 is appropriate. This requires a motion and second to
deny Resolution 98-XX, and direct the staff to prepare a resolution
approving the proposed amendment to the Comprehensive Plan Land
Use Map and an ordinance approving the proposed Zone Change.
Approval of an ordinance amending the Zoning Map requires a 4/5
vote of the Council.
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Page 3
~PR~
It,V\~0
u r .~;Yd )~ ttl
~NE~
RESOLUTION 98-XX
RESOLUTION DENYING A PROPOSED AMENDMENT TO THE 2010
COMPREHENSIVE PLAN LAND USE MAP AND ZONE CHANGE REQUEST FOR
.1 HE PROPERTY LOCATED AT 4520 TOWER STREET
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
Stonewood Development submitted an application to amend the City of
Prior Lake 2010 Comprehensive Plan Land Use Map from the C-CC
(Community Retail Shopping) to the R-HD (High Density Residential)
designation, and to amend the Zoning Map from the B-3 (General Business)
district to the R-3 (Multiple Residential) district for the property legally
described as follows:
Lot 1, Block 2, Enevid First Addition; and That part of Outlot A, Enevid
First Addition, contained within the following described tracts: That part of
Lot 1, Block 3, Brooksville Center 1st Addition, according to the plat on file
in the office of the County Recorder, Scott County, Minnesota, described as
beginning at the southwest comer of said Lot 1; thence North 00 degrees 04
minutes 17 seconds West record bearing, along the west line of said Lot 1,
300.00 feet to the south line of a roadway and utility easement; thence North
89 degrees 55 minutes 43 seconds East along said south line 51.99 feet;
thence North 28 degrees 34 minutes 57 seconds East along the southeasterly
line of said easement 247.34 feet to the south line of South Anna Lane, now
known as Tower Street; thence southeasterly along said south line 105.18
feet, along a nontangential curve, concave to the southwest, having a central
angle of 2 degrees 21 minutes 55 seconds, a radius of 2,547.98 feet and the
chord of said curve bears South 75 degrees 28 minutes 12 seconds East;
thence South 74 degrees 17 minutes 15 seconds East, tangent to said curve
39.82 feet; thence South 1 degree 30 minutes 45 seconds West a distance of
379.84 feet; thence South 71 degrees 30 minutes 13 seconds West 316.39
feet to the point of beginning. Together with that part of the south half of
vacated South Anna Lane, known as Tower Street, which lies between the
northerly extension of the easterly line of said property and the
southwesterly extension of the westerly line of Lot 2, Block 1, Brooksville
Center 2nd Addition, according to the recorded plat thereof.
and
legal notice of the public hearing was duly published and mailed In
accordance with Minnesota Statutes and Prior Lake City Code; and
the Planning Commission conducted public hearings on December 8, 1997,
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
---,.
and on April 13, 1998, for those interested in this request to present their
views; and
WHEREAS,
on April 13, 1998, the Planning Commission recommended denial of the
proposed amendment to the Comprehensive Plan and the proposed Zoning
District Change; and
WHEREAS,
on May 4, 1998, the Prior Lake City Council considered the application to
amend the 2010 Comprehensive Plan Land Use Map to designate the above
described property to the R-HD designation and to rezoned the same
property to the R-3 District; and
WHEREAS,
the City Council received the recommendation of the Planning Commission
to deny the proposed Comprehensive Plan amendment and zone change
along with the staff reports and the minutes of the Planning Commission
meetings; and
WHEREAS,
the City Council has carefully considered the testimony, staff reports and
other pertinent information contained in the record of decision of this case.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the proposed amendment to the 2010 Comprehensive Plan Land Use Map to
designate the above described property as R-HD (High Density Residential) and to rezone the
above described property to the R-3 (Multiple Residential) district is hereby denied based upon
the following findings of fact.
FINDINGS OF FACT
1. The supply of available commercial land in the City of Prior Lake is minimal. Approval of
this proposal will reduce the available supply of land by three acres.
2. It is in the best interest of the City to maintain the existing supply of commercial land for
future development.
3. The applicant has not provided any information to indicate the existing Comprehensive Plan
designation and zoning of the property is incorrect.
Passed and adopted this 4th day of May, 1998.
YES NO
Mader X Mader
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
{Seal}
Frank Boyles, City Manager
City of Prior Lake
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Page 2
*
MINUTES OF 4/13/98 PLANNING COMMISSION MEETING
C. Cases 97-107 & 98-108 (Continued) Consider a proposed Am~:'Mlm.~nt to the
City of Prior Lake Year 2010 Comprehensive Plan and Zone Chan&~~~~f~qu:est for the
property located at 4520 Tower street............ :.:::::::~:::::::i:.:::.:j:..:: :::\::::..
~lanning Coordinato~ Jane Kansier presented the staff report dai~I:::lApril .'::~~::::!~:~8 on file
In the office of the CIty Planner. ..:::::~~~::::~:::::::::::::::::::@:t::::.:.:::}: "::::::::::::::ii:::I:II:::1:::::\:::::::::():.
This item was originally considered by the Planning QWfuniss.~Qn on December 8~:::::,ij97.
The Planning Commission tabled action on this ite.W;:]9::::~llow l\!\i:l:pplicant to m~t with
the residents of the adjacent neighborhood to dischsM::li::..plas.j}:f~!::Jhis property. The
applicant conducted a neighborhood meeting on JanuatY::::~@f::::'i991f" The staff has not
received any information on the outcome of this meeting. ":::::=::::~:I:\:::::..
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At this time, no specific plans for th6::'::p:f6.p~mX::::4evelopme~~::::::J[~~ been submitted,
although the applicant has verbally indttf:lted.::::::~~~:~::te4Yw... t~t=c6nstruct a three story
multifamily dwelling. Under the present 2~p'i~g?brdlhiijgi;rfuultiple family dwellings
are a permitted use in the R-2::::W:iW:R~, with afij#.iimum deushy of 14 units per acre, and a
:~:i::e::~~~~ows
ComDrehensive Plan A~!~!meiii::':'::::::::T1M:fComprehensive Plan goals and objectives
which ar:(~ii~~]ii~:~::::~:t~:::~~iS i:~g!~;~:::::.:::::~s follows:
GOAf,,;:??SUITABLi:::iiiilIISING Jlh ENVIRONMENT: Encourage the development of
s~:~l~1it::~~:~uSing in a deS~1ifle envtfonment.
OBJEtJ~:~:lt~ No. 1 ::pvide opportunities for a variety of affordable high quality
housing. ..::::t::::::iil:III~.I::::::::~\:::::. ..:::::(:::::::::~~~:~~?::..
OBJECTWE ^tij:::f1: Maintain a choice of and encourage development of quality
residential enviriJfiments.
OBJECTIVE No.3: Provide suitable passive open space for the preservation of the
natural environment and the enjoyment of residents.
The R-HD designation is intended to provide an opportunity to create population centers
near community activity areas. This designation is consistent with the above stated goals
and objectives in that it offers a variety of housing, and it is consistent with the City's
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9
~r
Livable Community Goal to provide affordable and life-cycle housing. The R-HD
designation is also consistent with the designation of the property to the east.
Zone Chan~ The criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current zoning was a4?pt.~h::.:
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for rezoniq,11!::
Action on this zone change depends on the outcOIq~:::?6r':4h6 amen~ifttjj~::::~R.....,:tp.e
Comprehensive Plan. If the amendment to the 2010 C.9pl5rehepsive Plan Land V':::;t<<ap
is approved, the proposed zone change is consist~t:~::Fith tH~::::n:vised Land USe' Plan
designation. If the Comprehensive Plan amendmerlF~~~!:::H?t ap'ply~d, the zone change
should also be denied. ..::::::;:;::::::::.. .,}:;:::., "::,::'
When the Planning Commission origina"U)):82nsidered this raIR'!~!.~...9pe of the concerns
was the availability of commercially zoneq:;:~:anl]~l::!h.e City. API)fpylif of this request will
reduce the amount of existing commerciii1~y idhe9:::::~AA~;t:..PY approximately three acres.
The size of the parcel is not conducive to a::::t.wge.::,~Phled~Y~lgph1ent; however, the parcel
can accommodate several difte,m~Rl. types of\'9pHllnercial,,:ygbs. If the property remains
zoned B-3, any ofthe use~::,p~Httl.,:~:n that diS':~t may be developed on this site.
....
o . . . .
.. ...
If the property is rez.9A!~', any of t,~~i~ses permif!!iif"ifi the R-3 district may be developed
~:f::at~~:'. I~i;i:;~~'t::~;(~:!i.'~~~f.e!:p~~~e~~~:c~l~ a:e~C:~:~ :J I~:
Change proce.~.~:.:s.~ot be us'::~~tP. designate a specific development. Rather, this process
is used t9:get~mim~t:jf a Laria:JQ~@...JUan and zoning designation are appropriate for a
specifi.:q~:$1fe. "'::::}:;:::::. . .......:.:.:.........
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St~tf::':::!c;:,yls the proposl):~ Comprehensive Plan designation and zoning district is
compattw'~~t~ith the desi~:ation and zoning of the property directly adjacent to the east.
For this '-:~i~9P., staff J!:c6mmends the City Council approve the Comprehensive Plan
amendmen(aql~::tg~n::~fhmge as requested.
Cramer asked ifHhat section of Tower Street would be part of the ring road. Kansier
explained the zoning of the adjacent properties.
V onhof asked if there was anything in the CIP to pave the gravel road? Kansier said
"No."
Criego verified the coverage.
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Comments from the public:
Jeffrey Gustafson, Stonewood Development Corporation, developer for this site, felt this
was a good project. There were neighborhood concerns, which when they met turned the
developer's thinking around. Owner-occupied units rather than tenants would be a better
fit in the neighborhood. They researched the market and at this point are proposing the
building marketed by an Edina based company to make it a for sale 9:W>>fr-occupied
proj ect. This is what the neighbors wanted. . ..::::::::::::::iiill!!:::::))::::::::::::::::::::;::t:
Stamson questioned why Stonewood would see the benefit:..9t::We~t@!B!ial over the
commercial zoned property. Stonewood said there was no expdife. Th6:::p~;nyling alley
and restaurant failed. Retail needs exposure. The Priorg~1~:::::~~ll will civlw.ally be
redeveloped. The owner was thinking it could be O[fic::::::tt:::::::::::::::::::::::::::::::::::::;/" "::::::::::::::i:::..':lii::!:::::::::::?:'
Michael Mann, architect was concerned with how..xe!:::pould ~ttW1Y exposure rraih this
property. There is an opportunity to use it ast:::['::::uYlyr b.gmvij~n. Priordale and the
residential neighborhood. Cannot see as commercial pidR~!Y!:::" They have looked at the
existing and proposed zoning. Mr. Mann passed out a concepf.]1t~velopment.
Dale Kramers, of Home Equity Prograni;::::i<<~i.::::~h:fHJl range ~:~I_/~or people wanting
to get into condominiums. This is a natio~~! pidgr,.:::~~M~d foi::lhe elderly, singles and
first time home buyers.'::::\:: .(r:::" ....:::::::::::t:::::!:::::::::::::::::t:::.
,:::::;:::.'
................................. . . . . .:::~:;::..
James Gustin, 4543 Pondy~~W::Tffl~~~:::p.pposed t~~:rezoning. He attended the meeting with
the developer a few mgP.ths ago ari,1:::missed the:::pm1. where this project was going to be
turned into cond~.mm~pms. ~y abandon::!!:!::Piis plan and adversely affect the
neighborhoods? H@:\\i~~:::t9l~ byA!::rf:~U9f:::il:&;9>>la lower his property values if apartments
were built on this site. tet{y,,~fiaalr:.smt~tl::::~t:Whe December meeting that Prior Lake was
ahead of the..:.~r:::.:.~ith reg:alt:w rental units. Gustin said Prior Lake has 100% more
housing .R9iji::thMf:$,!X'-$.e, 11 d:o/~:!mBr~:Jhan Lakeville, 100% more than Apple Valley and
80% tpple'than Rosent9pPt. Do \Vp,:mfeally want to rezone more property for apartments?
Pe9pl~:::"will not want tcV:~qp'k at the' back of the Priordale Mall. There have been safety
Ptd61"1:::~:~:~ the eXistilll~ownhomes.
Gustin pdilitif.tout Cri.:~gb stated at the December meeting the Comprehensive Plan was
designed to":l~ti~!~ wpte commercial property to diversify the taxes. Vonhof disagreed
with the rezonHig;:!::$tamson had concerns with residential taxes and available commercial
land. Commissiphers have stated in previous meeting they are against the rezoning and
nothing presented tonight has changed those concerns.
Jim Erickson, 4544 Pondview Trail, said every time they meet with the developer it
seems to be getting worse and worse. The number of apartments keep changing. Now its
low income housing. It only adds to the existing problems. All five Commissioners were
ready to deny this.
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Dale Kramers, addressed the comments on the lower income. He feels it is not low
income. It is affordable to good citizens by minimizing a down payment allowing many
people a nice place to live.
The public hearing was closed at 8:00 p.m.
Comments from the Commissioners:
Stamson:
..:::fr~rr~~~(t\~::::
..
.
.:::::::::;::.;::::.;.;;" .
· Does not have any qualms about the project. The issue. ....bercit~. ..the Planning
Commission is a comprehensive plan change. The last titiji: this W~i:tpresented I
could have gone either way. Good case for R3 or B3. ~9~!9:U.~:::f,lt the map!:it:::Fpuld go
either way. Since then, I stood on the property and lo.9~ija:::al:'the ring road S}~~Bm::tJ.le
City is going to put in and feel the property itself i.lAh6uld 2R. B3. The resident.~:::~gem
to think it would be a better buffer. .::::::}: ':::::::::::" .'::':':
..... .
.. ...
Looking at tax base issues it should stay in its dfirreh~::!9p.i~~:r:::::::@:::::::::.
Does not support the Comprehensive Plan amendmenf;::::::::::.:::::::::':;::' .
.
Criego: ..:::..::.......::... ......::::::::::::::..
· Agreed it could go either way. Thd;::p:r8J~~::::~/!eid out c~,~r\vork. What we are
looking at is a zone Change.:::::: ..:::!:::::}\\::.:::<}
· The City needs more business area. Thl~:!:i~~}buffer:i&.n~:l)etween Rl and B3 and he
:~ ;?~ef~:~~~i~~~~~,~%;~+=~al which could go into a B3
Cramer: .......:.:;.. .:...::"
· The developm~ht ~H:::~~~:::g;yp::::I6bk$.:@lw~:::::::;Agreed there is enough high density in the
area.
· No on~)m91~t~Xp.~! is golfii,:'lB::~ap'p'en to Priordale Mall or the neighboring area.
· Ke~p::c6ITunercnit::!~:::i~.:"::::'
V . '~~:;hf'
.:::9~ffl~~tl. ............
· '.: C~mL~ith Commi~~~pners.
· Good::~t9.Rpsal for '=1p}R3 district.
· It is nof:&PRt,:PpIjJt~Fin the City to change any B 1 or B2 to residential. The City is
overwhelrlHii::::J~? '. It would be premature to know what is going on around the
developmeI),d:':''A.t best it would be premature not knowing what is going on.
· There will be substantial development in the next 5 years.
Neil Boderman, the land owner and owner of the Priordale Mall, said he understands the
Commissioners reluctance to rezone the land and put into a residential zone. But he feels
the land should have never been zoned commercial. Boderman just came from meeting
with someone who wants to put in a motorcycle store in Priordale Mall. He has been
trying to work with the Priordale Mall for the last 9 years. Now the Commissioners are
trying to plan for the next five years. This proposed project would be the lesser of two
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12
evils. The ring road will not enhance the area. Most retailers do not want to be that far
off Highway 13. The only reasonable approach is to come up with a different proposal.
Criego:
· Agreed with Mr. Boderman that the property will not be used for any high standard
use.
. Not sure the neighborhood would like that.
· Priordale Mall has been a sore spot in Prior Lake for years.
· Recommend going with staffs recommendation.
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'::;:::::::;:;:::;: ":;:;:;:;:;::::::::"
S tams on : \:r~:::~~: ..::;;~~:::::r:::::::::::..
· Agreed it is not high profile but there are other uses that::d~:$.g!::in. ..:::::::::::::::::::::::::\::::.. ...
· It sets a bad first step to rezone and create residentia!t:::::OOFis the..City's intent ati~:::I~ite
to develop commercial. ..:::::~:~~:)~}'. ........... ..::;;::::):::::.
. Not willing to jump the gun and rezone reSide~~s too early. W
~ o~::~ not totally disagree. In a sense !9:r:I~ is some tran;~ill'I~::y'al~:l~ between zones.
· Sympathetic to property owner but:lt::::i~:::::Pt~mature. The CUit::tfas seen 4 different
proj ects in the last 18 months .:::::~\ ....:.:::::::::)):::(::::::::.. ,:::~:::}:..
. \::::::\. ....::::::::~:~::::::::::::::::::::::::::::::::::::::::::::~~~~:::::;(f::. .(/::..
Criego: ....:.::::::,::::::::.:. ":;~:~({{.. .:;::::::://::..
· Why did staff come up:::;Miith?~i.~r recomni~dation? Ransier said they looked at the
same issues as the ..M=~~ing CPFission. "':j::::(h9:::.property does not have access and
.
.
Mg:1{~~N BY C~ip, Te)"". CHANGE THE COMPREHENSIVE PLAN
I),pS(iPlATION AND 2i11'ITNG DISTRICT TO R3 FROM B3. IN ADDITION AN
ORDtN~i:::"REZO~p THE PROPERTY TO R3.
NO SECO~~:::;:lli:j::'bTION DIES.
MOTION BY:$iTAMSON, SECOND BY VONHOF, TO RECOMMEND TO CITY
COUNCIL DENIAL OF THE APPLICATION BASED ON SPECIFIC FINDINGS OF
FACT.
There was no discussion.
Vote taken signified ayes by V onhof, Stamson and Cramer, nay by Criego. MOTION
CARRIED.
Kansier explained the City Council approval process.
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13
~--, ~._~
12/8/97 PLANNING COMMISSION MINUTES
Cramer- A mpts to resolve the issues are fair. Kuykendall suggestion to meet the
requirements e incorporated. If the plat is approved7 50' setback apply?
Kansier- Plat re . wed based on current OHW setJ>ack. We can't change the OHW
setback rules for a ar. They are grandfather 4vf'or 1 year at 50' OHW setback.
//'-
/
Cramer- Supports plat. sues can be addressed.
/
/
V oOOof- Supports plat with roviswns. This plat includes no variance. Exception to
past plats. /
Stamson- Supports staff rec / en ation that Lot 1 meet current ordinances.
Motion VoOOof- Reco end approval fRed Oaks 2nd Addition subject to the 3
conditions listed in e staff report.
Kans' r- This item will be considered by the council 0
/ C. Cases #97-107 and 97-108 Consider a proposed amendment to the City of Prior
~V
/ '\ Lake Year 2010 Comprehensive Plan and a Zone Change Request for the property
located at 4520 Tower Street.
Applicant is Stonewood Development Corp. Owner is Boderman. Site plan on overhead
showing location of property to N, E, S, & W. Comp plan show community retail.
Applicant wasn't to be R-HD. Current zoning is B-3, applicant proposes R-3. Staff
described adjacent comp plan designations and zoning. Topography- no tree inventory,
trees do exist. Sewer and water are directly available. Future development will be multi-
family 3 story apartment. Number of units is unknown. Multi -family is permitted in the
R-3 zoning district. Staff has no specific site plan. Analysis is based on Comp Plan.
Comp Plan is specific to residential, opportunities in housing, location and access. The
designation is consistent with variety of housing and comp plan. Conditions have
changes or mistake in zoning or comp plan has changed. If comp plan is amended, then
zoning change is appropriate. Under current R-3, multi-family is permitted. Under
proposed, appropriate use is R-4.
Staff recommends alternative #1.
Questions:
Stamson- vacant A-I to south?
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Kansier- Windstar development. Map has not been amended.
Cramer- Has EDA designated this as retail or redevelopment? Ring Road?
Kansier- Not part of Prior dale mall or redevelopment or ring road.
Public Comment:
Jeff Gustafson, Stonewood Development. We do primarily residential, but we are
currently doing commercial in Burnsville. Hired by Boderman to determine highest and
best use of the property. Property should be apartments. Proximity to commercial.
Buffer to mall and residential or other commercial and residential. Highest and best use
is apartments. If approve, our intention is move ahead and develop the property within
the next year. Maximum outh 14 U/acres. Ideal is to get 16 units per building.
Underground parking with units above it.
Jim Erickson, 4554 Pondview Trail. Lives behind the property. Comp plans provides
guidance to meet need of people. Does not think property should be amended to meek
needs of developer. This is a prime area for another business. Commercialland is rare in
the city. To change it would be a disservice to the city to remove commercial property
from the tax base is not justified. Proposed plan is inconsistent with comp plan. Wants
denial of the comp plan change. Justification to change zoning must be consistent with
Comprehensive plan. Early learning Center was changed to be permitted in city. Schools
not permitted in commercial. Another apartment will cause more problems for
neighborhood. Police reports to Tower Apartments are numerous.
Kuykendall- You are more comfortable to business next to your home than apartments.
Jim Erickson: Yes. Prefers commercial. Office. Day care closes early evening. No
disturbance to me.
Pam Prescott, 4562 Pondview, Lived here 4 months. Residents ofPL for 16 years. Seen
a lot of positive residential growth. Apartment on Franklin Trail, low income housing,
duplexes, Priordale Mall is vacant. Overhead with Hollywood, Hooligans, bars. The
Towers, and Townhomes police activity in neighborhood is a lot. Feel her back yard will
be a public playground for neighborhood. Land value will drop. Privacy will be gone.
Children have no where to go. Suggests: area for seniors if anything. Housing for old
people who don't cause problems for neighborhood. Fell very strong about this.
James Guston, 4543 Pondview, Windstar develop property was rezoned to be consistent
with comp plan. This is a disturbance that the plan could be an error. The city already has
apartments. Burnett Realtor informed him that affordable of low income housing will
decrease the value of his property. Internet got statistics 100% more Low Income, 80%
more than Rosemount, 100% more than Savage, 100% more than Lakeville. Opposed to
rezomng.
L:\97FILES\97PLCOMM\PCMIN\MN120897.DOC 9
" ....
Neil Boderman, Edina, owner of Prior dale Mall. Had a chance to put in a bar, but didn't.
Multi-family is a good buffer. Bar is not appropriate. Wants something downzoned from
commercial to be a buffer between commercial and residential.
Jim Erickson, I would not want a bar behind the house. He lived behind the bowling
alley when it was a bar. Does not prefer bar to multi-family housing. It was not so
bothersome when it was a bowling alley. Prefers senior housing.
Criego- Comprehensive plan was to create more commercial property to diversify tax
base. Wants to keep property as B-3. No need to change the zoning. Ifwe are to change
zoning, then we should change whole street. Recommends keeping it the same zoning.
Cramer- Familiar of property and day care. Kids are escorted to bus stop. Heavy
concentration of multi-family will exaggerate existing problems. Buffer area-multi-
family is not appropriate buffer to commercial and single family. Keep same, awaiting
Priordale Mall outcome.
Vonhof- 1st time residents have come forward to oppose residential land to commercial.
Vast majority ofland in city is R-l. Commercial property is at a premium in City.
Disagrees with staff.
Kuykendall- What would be allowed in B-3?
Kansier- Current ordinance auto sales eating drinking, recreation, food and drinking
establishments, etc. gas stations, health clubs, auto repairs are permitted uses in the B-3
district.
Kuykendall- Appreciates concern of neighbors. Developer can develop property as
needed. Land does change over time. Buffer is good, logical. In practice other valid
issues are raised. Doesn't like the ides of piece meal zoning. Resindeit probably
wouldn't like auto repair. This is one action you see. Tomorrow it could be something
else. Housing section of comp plan addresses affordable housing. We are ahead of game
in that. Some of those are dictate by state laws. We have to go along with that to comply
and make an effort to comply. Given that, this is not the time to address this one request.
Would like to consider the entire picture. Recommends keeping zoning the same. In
principle, accepts concept of property. Public must understand permitted uses.
Stamson- If zoned R-3 apartments not permitted?
Kansier- R-4 under new zoning ordinance.
Stamson- Comp Plan is not specific (line or brush stroke). Could have been drawn wither
way. Concerned about residential taxes and commercial land availability. No
recommendation.
L:\97FILES\97PLCOMM\PCMIN\MN120897.DOC 10
Kuykenda1l- Motion to recommend to City council not approve the comprehensive plan
amendment and zone change as requested.
2nd- V onhof
Discussion:
Kuykendall- Re-looking at commerciallPriordale area. haven't come to grips with what
we want to look like when we grow up. Commercial development has to be looked at.
Both sides of the issue are valid. Big picture is important. Not ready to do what was
recommended by staff. Ask that the developer and neighbors come back to work out a
solution.
Criego- How much property does developer own?
Kansier- No other.
Jeffrey Gustafson- Does it make any difference what type of apartments? Not interested
gin Low income apartments. Lots of apartments in Edina. Problems in Brooklyn Park.
We do know how to build them. Senior High-rise in St. Anthony is going OK.
Kuykendall- Maybe come back with a design to satisfy neighbors.
Stamson- Is R-3 appropriate?
Kuykendall- Yes. Buffer zone is important. Here is best and proper use of the land.
Future use of the property is incumbent upon the developer. A separate issue over and
above this request.
Criego- Developer needs to work out alternatives with neighborhood.
Jeffrey Gustafson- Can we postpone request to work with neighbors?
Kansier- Can table indefinitely if a waive is signed.
Kuykendall- Withdraws motion.
Cramer- Ponds Edge.
Kuykendall- Motion to table until next meeting, 1/22 unless we get a waive.
2nd Vonhof.
Discussion:
5 Ayes, 0 Nays.
L:\97FILES\97PLCOMM\PCMIN\MN 120897 .DOC
11
PERMITTED USES
1.
2.
3.
4.
5.
Single Family Dwellings
Two Family Dwellings
Public & Parochial Schools
Public Parks & Playgrounds
Churches
R-1 SUBURBAN RESIDENTIAL
R-2 URBAN RESIDENTIAL
1.
2.
3.
4.
7.
8.
9.
10.
13.
14.
15.
16.
17.
18.
% R-3 MULTIPLE RESIDENTIAL
1.
1.
2.
3.
4.
5.
Townhouses
Multiple Family Dwellings
Public & Parochial Schools
Public Parks & Playgrounds
Churches
6.
Funeral Homes
2.
3.
4.
5.
6.
7.
8.
9.
10.
Section 3, Page 2
CONDITIONAL USES
14. Existing Neighborhood
Commercial Recreation
Services
15. Public Parking Lots
(Ord. 90-07)
5.
6.
Cemeteries
Nursing Homes
Hospitals & Clinics
Public Utility
Buildings
Public Buildings
Private Clubs &
Schools
Licensed day care
facilities for 13 or
more persons.
Funeral Homes
Townhouses
Multiple Family
Dwellings
Planned Unit
Development
Charitable
Institutions
Boarding Houses
Marina
Existing Neighborhood
Commercial Recreation
Services
Open land Recreational
Use
Public Parking Lots
(Ord. 90-07)
State licensed resid.
facilities for 7-16
persons.
11.
12.
---
Single Family
Dwellings
Two Family Dwellings
Nursing Homes
Hospitals & Clinics
Public Utility
Buildings
Public Buildings
Private Clubs &
Schools
Planned Unit
Development
Charitable
Institutions
Boarding Houses
PERMITTED USES
11.
12.
13.
14.
R-4 MIXED CODE RESIDENTIAL
,
/
CONDITIONAL USES
Marina
Licensed day care
facilities for 13 or
more persons.
Care Centers for mOrE'
than 16 children
Public Parking Lots
State licensed res
facilities serving
7 - 16 persons.
1. Manufactured Single Family 1. Public Buildings
Dwellings
2. Single Family Dwellings 2. Private Clubs &
Schools
3. Two Family Dwellings 3. Licensed day care
facilities for 13 or
more persons.
4. Public & Parochial Schools 4. Townhouses
5. Public Parks & Playgrounds 5. Multiple Family
Dwellings
6. Churches 6. Charitable
Institutions
7. Public Parking Lots
(Ord. 90-07)
8. State licensed res.
facilities for 7-16
persons.
B-1 LIMITED BUSINESS
1.
Retail Business
2.
Personal Services
3. Funeral Homes 3.
4. Clinics 4.
5. Offices & Banks 5.
6. Business & Professional Office 6.
7. Nursery Schools & Day Care 7.
Centers for more than 12 children 8.
9.
1.
Retail Business
B-2 COMMUNITY BUSINESS
1.
2.
Eating & Drinking Places
Section 3. Page 3
1.
Eating & Drinking
Places
Motor Fuel Stations
with repair limited
to auto repair minor
(Ord. 85-08)
Public Buildings
Public Utility
Buildings
Fast Food
Private Club - Health
Club
Theaters & Assembly
Ag. Product Stands
Automobile Repair
Minor (Ord. 85-08)
Car Wash (Ord 87-09)
2.
10.
2.
Research
laboratories
Public Utility
Buildings
PERMITTED USES
CONDITIONAL USES
B-2 COMMUNITY BUSINESS
3. Offices & Banks 3. Multiple Family
Dwellings
4. Personal & Professional Services 4. Home & Trailer Sales
& Display
5. Business Service 5. Farm Implement Sales
Services & Repair
6. Public Buildings 6. Supply Yards
7. Parking Lots 7. Commercial
Recreation
8. Wholesale Business 8. Hotels & Motels
9. Commercial Schools 9. Animal. Clinics
10. Hospitals & Clinics 10. Recreation Equipment,
Sales & Repair
11. Automobile Sales (Ord. 85-08) 11. Fast Food
12. Motor Fuel Station 12. Newspaper Publishing
13. Funeral Homes 13. Blue p rinti n g/P hotostatic
14. Private Club - Health Club 14. Ag. Products Stands
15. Theaters & Assembly 15. Car Wash (Ord. 88-07)
16. Automobile Repair Minor(Od. 85-08)
17. Automobile Repair Major (Od 83-6)(Od.85-08)
* B-3 GENERAL BUSINESS
~ --
Retail Business (Ord. 85-08) 1. Public Buildings
2. Automobile Sales 2. Public Utility
Buildings
3. Eating & Drinking Places 3. Fast Food
Establishments
4. Hotels & Motels 4. Personal &
Professional Services
\ 5. Wholesale Business 5. Farm Implement Sales
Service & Repair
6. Supply Yards 6. Equipment & Storage
Yards
7. Funeral Homes 7. Radio & T.V. Stations
8. Commercial Recreation 8. Car Wash
9. Home & Trailer Sales & Display 9. Outdoor Sales
10. Animal Clinics 10. Theaters & Clinics
11. Parking Lots 11. Hospitals & Clinics
12. Recreation Equipment, Sales 12. Research
Service & Repair Laboratories
, 13. Motor Fuel Stations 13. Testing Laboratories
, 14. Private Club - Health Club 14. Ag. Product Stands
15. Day Care Facilities (Ord. 84-02) 15. Mini-Storage Units
16. Automobile Repair Minor(Ord.85-08)
17 Automobile Repair Major (Ord.84-2 Ord.85-8) -
~ B-P BUSINESS PARK
See Section 6.14 herein
for a complete listing.
(Ord. 93-18)
See Section 6.14 herein
for a complete listing.
(Ord.93-18)
Section 3. Page 4
CITY OF PRIOR LAKE
NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER A PROPOSED
Ai'1ENDMENT TO l.tlE LU i OF PRIOR LAKE YEAR 2010
COMPREHENSIVE PLAN Ai"ID A ZONE CHANGE REQUEST FORl.tlE
PROPERTY LOCATED AT 4520 TOWER STREET
You are hereby notified that the Planning Commission will continue the public hearing at Prior
Lake Fire Station #1, located at 16776 Fish Point Road SE on Monday, April 13, 1998 at 6:30
p.m., or as soon thereafter as possible.
The purpose of the public hearing is to consider a proposal to amend the 2010 Comprehensive
Plan to change the designation of approximately 3 acres located on the south side of Tower
Street, between Toronto Avenue and Duluth Avenue, south of Priordale Mall and west of Pond's
Edge Early Learning School from the C-CC (Community Retail Shopping) designation to the R-
ED (High Density Residential) designation, and to rezone this property from the B-3 (General
Business) District to the R-3 (Multiple Residential) district. The Planning Commission
originally held a public hearing on this item on December 8, 1997, and continued the matter at
the request of the applicant.
Legal Description:
Lot 1, Block 2, Enevid First Addition
and
That part of Outlot A, Enevid First Addition, contained within the following described tracts:
That part of Lot 1, Block 3, Brooksville Center 1st Addition, according to the plat on file in the
office of the County Recorder, Scott County, Minnesota, described as beginning at the southwest
comer of said Lot 1; thence North 00 degrees 04 minutes 17 seconds West record bearing, along
the west line of said Lot 1, 300.00 feet to the south line of a roadway and utility easement; thence
North 89 degrees 55 minutes 43 seconds East along said south line 51.99 feet; thence North 28
degrees 34 minutes 57 seconds East along the southeasterly line of said easement 247.34 feet to
the south line of South Anna Lane, now known as Tower Street; thence southeasterly along said
south line 105.18 feet, along a nontangential curve, concave to the southwest, having a central
angle of2 degrees 21 minutes 55 seconds, a radius of 2,547.98 feet and the chord of said curve
bears South 75 degrees 28 minutes 12 seconds East; thence South 74 degrees 17 minutes 15
seconds East, tangent to said curve 39.82 feet; thence South 1 degree 30 minutes 45 seconds
West a distance of 379.84 feet; thence South 71 degrees 30 minutes 13 seconds West 316.39 feet
to the point of beginning. Together with that part of the south half of vacated South Anna Lane,
known as Tower Street, which lies between the northerly extension of the easterly line of said
property and the southwesterly extension of the westerly line of Lot 2, Block 1, Brooksville
Center 2nd Addition, according to the recorded plat thereof.
1:\97fi1es\97rezone\97-1 08\971 08pn2.doc Page 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL'AL OPPORTL'NITY E",lPLOYER
...
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN 1.J:1E PRIOR LAKE Ai'\1ERICAN ON SATURDAY, MARCH 28,
1998.
1:\97files\97rezone\97 -108\971 08pn2.doc
Page 2
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