Loading...
HomeMy WebLinkAbout9A - Ring Road Official map MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JANUARY 19, 1999 9A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF AN OFFICIAL MAP FOR THE RING ROAD LOCATED BETWEEN FRANKLIN TRAIL AND TORONTO AVENUE History: 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, 1997, 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 of the conditions of an approved permit. The Official Map also governs the issuance of building permits in that the City 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. The Council considered this official map at a public hearing on December 21, 1998. The Council continued the public hearing to January 4, 1999 at the request of Ms. Lorraine Borka so her counsel could be present to address the Council. On January 4, 1999, the Council closed the public hearing and deferred action on this item until January 19, 1999, in order to allow staff to develop a drawing and 1:\98files\98subiec\98-0 19.\9..80 19cc3.doc . Pajle 1 16200 Eagle CreeK Ave. ~:t:.,-PnorLake. MInnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER some cost estimates for a ring road with a "T" intersection at Toronto Avenue. The drawing and estimates are attached to this report as Attachments A and B. Current Circumstances: The Planning Commission held public hearings on the proposed Official Map on September 14, 1998, October 12, 1998 and November 23, 1998. On November 23, 1998, the Planning Commission recommended approval of the Official Map in the alignment shown on Attachment C, on the basis that this is the best alignment and provides a plan for the future. At the December 21, 1998 City Council meeting, the Council requested that the staff determine whether a "T" intersection configuration at the ring road and Toronto Avenue would work. The Council also asked that the staff provide a cost estimate of the "T" intersection alternative as it relates to construction and right-of-way costs. Attachment A identifies the alignment ofthe ring road with a "T" intersection. The Issues: The issue here is basically that of planning for the future. The ring road in question has been a part of the City's Comprehensive Plan since 1996. On December 21, 1998, the Council expressed a preference for adopting an official map which formalizes the ring road in accordance with the Comprehensive Plan. The Council also expressed a preference for an alignment with a "T" intersection at Toronto Avenue. The proposed "T" intersection design is not consistent with the stated purpose of the ring road; that is, to provide access to the properties on the south side of Highway 13 and redirect local traffic from Highway 13 to a City street. In order to accomplish this objective, the ring road must be the primary collector street, and all other roads and access should feed into the ring road. As the primary road, the ring road minimize stops and turns for the traffic on this road. An Official Map is a planning document which conclusively determines the alignment of the future road. It does not seem prudent to adopt an alignment which we know will not meet the objectives of the road system. Conclusion: An Official Map is the most effective way to plan for the future ring road. However, the Official Map adopted should also reflect the appropriate alignment which meets the objectives ofthe road. The proposed alignment with a "T" intersection does not meet these objectives, and should not be adopted. FISCAL IMPACT: Bud~et Impact: The City has spent $1,250.00 in survey costs for this ring road. The City Engineering Department has also devoted 73 hours in design and survey work on this project. Future costs in the 1:\98fi1es\98subjec\98-0 19\980 19cc3.doc Page 2 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: adoption of the Official Map include final survey drawings and recording costs. The estimated cost for the construction of the road with a "T" intersection is approximately $137,468. The cost of right-of-way acquisition is estimated at approximately $30,000. These estimates include only the portion of the road located on the Borka and the Hollywood property. This estimate does not include the cost of right- of-way or the construction ofthe road on the Park Nicollet property since we have assumed the right-of-way will be dedicated and the road will be built on this property as part of a future development. It should also be noted that these estimates can fluctuate over time, or may vary based on unknown factors, such as soil types, inflation, and so on. The City Council has three alternatives: 1. Direct staff to prepare Ordinance 99-XX, including a survey and all necessary documents for adoption of the Official Map, in the alignment recommended by the Planning Commission. 2. Direct staff to prepare Ordinance 99-XX, including a survey and all necessary documents for adoption of the Official Map, with a "T" intersection alignment. 3. Defer this item and provide staff with specific direction. The staff recommends Alternative #1. The Official Map adopted should reflect the appropriate alignment which meets the objectives of the ring road. The proposed alignment with a "T" intersection does not meet these objectives, and should not be adopted. 1:\98files\98subjec\98-0 19\980 19cc3.doc Page 3 ", '-. ',. ""'.I'I-'~ ~ ,...-~:-~ ,....,-..... ;.....J i. I:.'" ,....nr..'..,~. . " ; t r-~~_:-_',"":-,,,.,~.'.~H:-:.U, I I I". I 1_ - '~.. I ~ II ,. .r, ." . r ...,.....,.,..... .1..../ ! ~.... - I ~H.': Ii I 'I! i Ii !:':; :.-. · ,--,.,..-_...,...._.....:...-:...,.C;/ / I "t T no-.. i- i ~. . _ I I : . .. I:.!..!' - . ~ ...., .-; ! .~ a.t.. ~ 1_:' , -, I ' .-'" '._ _..' · ~! -.r--; .'. ... I I - r..=' .......,- .~ J --'- . 'j j' :........-.. ..-- -: .. ., ~ - r:::::; - ;, ~alC L1i-~ I ~~ '..=..' " > ~......-za I. ~..'. I -:..:.;. - ! il m P06et' / / '-:.::; ;.-jc:::J; . - 1 ;- g~ ~~ ,i' ,......"""" - ~ ,..,,~=-,. /. ; J.' ( . ~~,~ /i :: I . _ ~ _ ; ,~j - ! .. ; . , _~~L!.I.;J..f+..!.J L;..~t.~~-: ~.;+~::;!.:~~.;.i'l.H+.i-I.~H+':.+';+' i. . i THE pONC ATriL-=TlC COMPLEX - :...-- ORDERLY ANt' -: -::.~. " . "--..... -' ... , '. .~ -~ ---l * 1 \ 1 -:.: -- ,- ",' r ..J -,;:...- I -' /- i I~i j .~-;/ U1 . ;' . t .../.... . r . ....!...: I. . ! r a.I.. s. LZ' , I '_I I I I I I ! -- -. --:...=". - -:"' --- - -:...::' / / / / / / / / ~~~ ~~#.. ;., ;'-...., '~, '-.... ''-...., ' , '......... '-...., '-.... , ' '-.... ''-.... ')--.., , ~''-...., / ,..... .. . II" '... '-...." . 1,'1' . ''-...., ....~.. '-...., ~ , , . ',- '-.... ',- . . "- . , '-, ,- I . "-. /f /.~ _,,__ "<"_, / "/~,"~. ~'-...., ''-....,,~ / ,'~~'/", ".' . "" "" "--" / /l ,~I l' . ~ , ' I ~ I I/I'/! I "- ' I ~\ '. / ~ 1/..,,(' If. ,"- . "- -iti.. " . "- / ;:'1 if!; ~'I "- '.... , / :"\ \ I \ I 18 / \ \~0 , ~ I' I \~\\~ I : n: / \ ~ / :\ '\\ I , .. '\ \ \ 1.....~<:). ~\~~..:~" ~, y / '-~'...~~#. ',- ~;~"~~" '",,- ~ , / "-, ,-'~ , , '~" '~~" '-...." '~"" ~" '" ". . ......... , / , " / '.......j ~> ( , , '-... , '. , , '. , , ........ , , -1._ ____ 1 / / / / / / / / / l' ~1 , ........ ........ ........ , -..... .~ m >< ~ - OJ - -I )> ENGINEER ESTlMA TE EXHIBIT B PROJECT: RING ROAD OWNER: CITY OF PRIOR LAJ<E. MINNESOTA DATE: JANUARY,1999 - :::;:;:::;:;:;:;:;:;:::;:;=;:::::;:;:;:;:;:::::::;:;:;:;:;:;:::::;:::::::::::::;:::::;:;:::::::::;:;:::;:;:;: - ~ --. ~ RING ROAD 1 MOBILIZATION lS 15.000.00 $ 15,000.00 2 CLEARING AND GRUBBING TREE 6 200,00 $ 1,200.00 3 COMMON EXCAVATION CY 2250 5.00 $ 11,250.00 4 SUBGRAOE EXCAVATION CY 6,50 $ 5 4" TOPSOil BORROW CY 261 9.00 $ 2.529.00 6 9" AGGREGATE BASE. CLASS 5 TON 1529 7.50 $ 11.467.50 } SAVVlNG BITUMINOUS PAVEMENT lF 73 1.50 $ 109.50 8 MILLING BITUMINOUS PAVEMENT SY 10 5.00 $ 50.00 9 1 112' BITUMINOUS WEAR COURSE TON 225 26.00 $ 5,850.00 10 3' BITUMINOUS BASE COURSE TON 438 24.00 $ 10,512.00 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 136 1.00 $ 136.00 12 CONCRETE CURB & GUTTER. B618 LF 1688 6.75 $ 11,394.00 13 FURNISH & INSTAll SIGN PANELS, TYPE C SF 24 24.00 $ 576.00 14 SilT FENCE. HEAVY DUTY lF 300 3.00 $ 900.00 15 SODDING, LAWN & BOULEVARD SY 844 1.75 $ 1,477.00 16 TRAFFIC CONTROL LS 1 1,000.00 $ 1,000.00 17 SUBGRAOE DENSITY TEST, INPLACE EA 3 50.00 $ 150.00 18 CLASS 5 GRADATION TEST EA 1 60.00 $ 60.00 19 CLASS 5 PROCTOR TEST EA 90.00 $ 90.00 20 CLASS 5 DENSITY TEST.INPLACE EA 3 50.00 $ 150.00 21 CONCRETE TESTING EA 2 150.00 $ 300.00 22 BITUMINOUS AIR VOID TEST EA 2 120.00 $ 240.00 23 BITUMINOUS CORE DENSITY TEST EA 2 120.00 $ 240.00 .- ~4 _ .. CONSTRUCT CATCH BASIN EA 6 1.200.00 $ 7,200.00 is 12" RCP STORM SEWER LF 550 25.00 $ 13,750.00 26 CONNECT TO EXISTING STORM SEWER LS 1 500.00 $ 500.00 RING ROAD. TOTAL $ 96,131.00 RING ROAD CONTINGENCY (10%) $ 9,613.10 RING ROAD ESTIMATED CONSTRUCTION COST $ 105,744.10 RING ROAD ENGINEERlNG,SURVEYING,INSPECT,ETC. (30%) $ 31,723.23 RING ROAD TOTAL CONSTRUCTION COST $ 137,467.33 RING ROAD RIGHT OF WA Y ACQUISITION 1 HOLLYWOOD R.O.W. ACQUISITION SF 5375 4.00 $ 21,500.00 2 BORKA PROPERTY R.O.W. ACQUISITION SF 2125 4.00 $ 8,500.00 LAND PRICES CAN RANGE FROM 3 TO 4 DOLLARS PER SQUARE FOOT RING ROAD RIGHT OF WAY ACQUISITION $ 30,000.00 RING ROAD TOTAL PROJECT COST ESTIMATE 1$ 167.467.331 .NOTE: PRICES ARE 1998 ESTIMATES AND CAN FLUCTUATE OVER TIME. PRICES CAN ALSO VARY DUE TO FACTORS SUCH AS UNKNOWN SOIL TYPES, DESIGN CHANGES, LAND PRICES, INFLATION, ETC. G:PROJETS\98CIPIENGEST.XLS PAGE 1 ~ 0: ~Ii;~,i':f{l::ro~=1.:~tIZ~I;I!~'i ~ '1 f ' f ~;- . ..' I ! ~i~-li;l;! .j '~t~ l :lf~l i J':!;':;!-Jr~f'-tH;!F!ih!E ! /[7';;:' --J :t'i'~=: tn t ",r.'. .f'~l' ..1 "-11'r f 1!~FI:~7~~~I:!;1 f-I~Iif.i t '1;;;;;' ;!Plt.!5lfll.:1~~~J ~ il:;"5:ff:f~~i~~t.I;!i! J .r~/j.il;!!-=T ZT1!'f~{' ,. In .\ ,9rLt!lr:,...l,1{ . irH :i!;ii::!!PTltt;~Jth ; .,. 1o.I.l-!_nH.,l i-'~f- r l~hl.ij h('IIt. r:t!l-r - t! f . o..-ttrl. __r.......f!-;A/I E !h,::tH:';it':~I~!-H=' t J;t:'j';r.l;i'f tfr,:l~t.T1. :.1 pH lid{ I :I~:'iI';li .;1 1!_lJ;:~liltLrr[[l!.._!il ~i 'Fll- i'=9tf:lf..:ilf~'-f- .: :_~~~'IHir t..{.!or ,P . !; Ii'li';::rf~t:':~!~li!.itfl! II li:Ji;;ii.jilf[_B~ ti,t-I' -, _!_!':l:.r~.~lr!~til,z!~.l !{ q:rH lp!I :!i~. [ 'r,- ~ p..-ft' i' . : If!' f:'.Lr . r' at !.!Ij -1.' ~ . r- , :;! i 'I'- - t-:' ~ ["S. IF:' r f r- . :'ur! tt. Ii .I.r - HI"! .'tEt hI, . _I' T~ ~fj-:'Il i U fi~ h:fg c:) \..J ::::: \.:l :-:;: <: ~.. - . >- . J Lw :- ~ v.t c S - V) ~ >- Lu ..... -.J ~ :1 J ~f. .1 i~JI ~i:i : i6J ( ~H i '::1[ t f '( ! I. _ 1:' r ~;f I in ~ fIt f :.,1 7 i;j .! ~i.: ! - ! rI~ ~ , f ! _ i ~ :1= ! if; t (1;1 U ~ H.: .! f :E o. , "---~-~:;:-I -fl4.'.'-- I o I- - m - :t >< W \ i t!~ :.. ill ." .1 i ;.~ I ..-I- -.. r :;/1 ;/1 --'r' :a"'&I..4.o. _...~.z. -- '. . I'} :: -! 'I l~ fJ ~ "" ;. -.J ~ ..... , z ~ m .a. ~ IJ... .. ~ c::l .. ~ >- , .. ~ . I- .. ..... . } ... \...J . . '..:,," ..-..-..----;=-."-;::<..-' , <:, ,... ,- r . - . ... .. i ~'" . . . , . to' ~ .' ': ':"', . .' . -' ~ );' 1\ t .; !.. '.....! \ .' !. , .. . . . .. .f:.. ,: \.~; "':';:,1 ... ~ -,~; . '- - :~,('. t '. ;.).. "-l. '. ". ~ h H ., 'J .....~ r. . .. 1- .. '4 ~ ~2.J52 HOUSING. R.EDEYEI.OP~IENT. PUo'lNlNG. ZONING 826 i 1 : J': ij '1 1 surface are:lS necessary for mined underground space development pursuant to sections 469.135 to 469.141. together with their estimated cose. the jusrific:l.tion for e:l.ch improve- ment. the impact thac such improvements will have on the current oper:lcing expense of the municipality. and such other information on capiml improvements as may be pertinent. Subd. 10. Official map. -OfficiallIlllp" m~S a map adopted in accordance with sec": tion 462.359 which may show e:<isting and proposed furore streets. roads. and highways of the municipality and county, the ~a needed for widening of existing streets. roads. and highways of the municipality :md county, existing :md proposed air space and subsurface are:lS necessary for mined underground space development pursuam to sections 469.135 to 469.141. and existing and future county state aid highwavs ilIld state trunk highway rights- of-way. An official nw.p may also show the location of d:dsting ilIld future public 'land ilIld f:u:ilities within the municipality. Tn counties in the metropolitan are:!. as detined in section 473.121. official maps may for 0. period of up to five years designate the boundaries of are:J.S reserved for purposes of soil conservation. water supply conservation. flood control and sur- face water dr:linage and removal including appropriate regulations protecting such are:J.S against encroachment by buildings, other physic:!.l structures or facilities. Subd. I L Governing body. "Go\'eming body" in the c:lSe of cities means the council by whatever name known. and in the C:lSe of a town. means the town board. Subd. 12. Subdivision. "Subdivision- means the: separation of ilIl are:l. parcel. or tr.lct of land under singh:: ownership into twO or more parcels. tr.lcts. lots. or long-term le:lSehold interests where the cre'.ltion Qf the le:lSehold interest necessimtes the creation of streets, roads. or alleys. for residential. commercial. industrial. or other use or any combination thereof. except those separ:ltions: (a) Where :LIl the resulting parcels. tr..lcts. lots. or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial USc::'l: (b) Cre:!.ting cemetery lots: (C) Resulting from court orders. or the: :ldjusune:nt of a loc line by the re!oc:ltion of:l com- mon boundary. Subd. L3. Plat. "Plat'" means the: drawing or map of :l subdivision prepared for tiling of record pursuant to chapter 505 md containing all elements ilIld requirements set forth in ap- pliC:lble Local regulations adopted pursuant to section 462.353 and chapter 505. Subd. 14. Subdivision regulation. "Subdivision regulation" means ilIl ordinance ,adopted pursuant to section -+62.353 regulating the subdivision of land. , Subd. 15. Official controls. "Official controls" or "controls" means ordinances and : regulations which control the physic:ll development of a city. county or town or my part thereof including :lir space and subsurface llre:lS necessary for mined underground space de- velopment PUrsuilIlt to sections .:169.135 to ~69.l-+ t, or any detail thereof ilIld 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 ilIl application to create a subdivision which establishes the rights ilIld obligations set for..h in sedon 462.358 and the appliC:lble subdivision regulation. In :lccor- dance with section 462.358. a.nd unless otherwise specilied in the applic:lble subdivision reg- ulation. preliminary approval may be granted only following the review ilIld approval of a preliminary plat or other map or dr:lwing est:lblishing without limimtion the number, layout. and loc:ltion of lots. tracts. blocks. a.nd parcels to be cre:lted. loc:!.tion of streets. roads. utili- ties and facilities. park md drainage facilities, and lands to be dedic:l.ted for public use. Sucd. 17. Property rights. Tne words "are:l." "interest in re:ll property," "ground:' "land." "lot.," "parcel." "property." "re:ll estate," "real propert)," "site;' .'territory," ilIld '"tract," and other terms describing re:ll property shall include within their meaning. but not ,~ ! - -t" .;. .. :.: :too ... -t .. .. 4 i - 1 .i J 'f ,;:I ! , ; I 1 ~ . ~ ,~ .. ; 1 ~ ~ ~ ~ 1 . . 1 .. .. - :3 . , ,. ~ , i' . , . '. . 827 be limite opmenc ~ His. 1980 c ;, an2s/ 462..353 Sub. nicipal pi aicipalit:, ment sue.:: sec:ions - Sub. pality mu displays. tions. ane.: public on Sub~. any fund: p:lliev mu\ tr:lC~ wici~ ther:mce \ Subli by it in reo official <:l' ~rmit or . tions. F::::::~ Subli informacil' amenumt:: permit or. tions to <::.:: terest. anli ca.'tes whie.:. me:lt. or \\ poses of th arc::::. I.:onr Histo; 462.354 0 Sublii plannin!! :l~ VOt~ I]f ~ll ~- as mh::::- pc' cflarrc::-. or C the followi: t l) It offkia!$ ;w may b::: :l .1: sion shall 0 (2) It ;. and shall fu. istration. Ii staff as in :r Sucd. : adapting or "- '",. ~. "- . a . -~ '" 461-15&5 HOUSING. REDEVELOP~"l'. P~'/NING. ZONING 836 --. 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 create one board rather than a set'arate board for each county or town. with equal member- ship from each affected governmental unit. The board shall serve as the governing body and board of appeals and adjustments for purposes of sections 462.351 to 462.364 within the tw<r-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 II. 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 application of its subdivision regulations to unincorporated temtory located within two miles of its limits pursuant to section 462.358. subdivision Ill.. before the creation of a joint board. the subdivision regulations which the municipality has extended shall apply until the joint board adopts $ubdivi~ion regulations. Histof1': 1982 c' 507 s 24 462.359 PROCEDURE FOR PLAN EFFECTUATION: OFFICIAL MAPS. Subdivision I. Statement of purpose. Land that is needed for future street purposes and as sites for other necess:u-y public facilities and servic~ i~ frequently diverted to nonpub- lic uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens. public uses of land may be denied or may be obtained later only at prohibitive cost or at the expen~e of di~locating the owners and oCI.:upams of the land. Identification on an official map of land needed for Future pubiic use:; pennits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan and a community facilities plan. it may. for the purpose of c:urying out the policies of the major thoroughfare plan and community facilities plan. prepare and recommend to the gov- erning body a propo~ed official map covering the entire munidpality or any portion thereof. The governing: body may. after holding a public hearing. adopt and amend the official map by ordinance. A notice of the time. place and purpose of the he::uing shall be published in the official newspaper of the municipality at le:!St ten days prior to the date of the he::uing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisitioh lines on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accura- cy of the Future acqui~ition lines shown on the official map shall 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 map has been adopted and filed. the issuance of build- ing permits by the municipality shall be subject to the provisions of this section. Whenever any street or highway is widened or improved or any new stree~ is opened. or interests in lands for other public purposes are acquired by the municipality. it is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a pennit within the limits of the 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. The adoption of an official map does not give the municipality any right. title. or interest in areas identified for public purposes thereon. but the adoption of the map does authorize the municipalitv to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or in vioiation of the conditions of a permit. -- ~ -- *" ...~.. ~ "J.,- 83; ~ ,;,. Subd.4. Appe: tion is denied. the b with it by the owner any case in which t: that the entire prop forms a part cannot granted. and (b) tha the official map and 'property in the use : or approval is requi hearing required by newspaper once at : adjustments author: board or commissio of the board to instj proceedings are sta: provals shall issue ct nunces. The board s; the extent and char:: HistOf1': 1965 462.3595 CONDIl Subdivision I. types of developme: acti....ities as conditic the governing body: dm-ds and criteria St. include both !!enera quir..:ments sp-ecific Subd. 2. Publil shall be held in the r Subd. 3. Durat; tions agreed upon aT from enacting or arr. Subd. 4. FiJin!! with the counrv reec pality is Ioc:lted for r the property include History: 198= 462.3S9i L.'-IlERr.' Subdivision I. ! tic:.Ilar date. until the permic it. Subd. 2. Autho im uses. Toe re:zulat; permission for an in: ( I] the use COnI C.) the date or : (3) permission c for the public co tak: (a.) the use:' agre mission of the use. .~y interim use . cown board by y a board shall :orpo!':ued area :rs in a number an ~qual num- es or the city, respect to the Ie parties may 1Ual member- ring body and ~ within the is ...!.61.35 1 co promulgated :t :uiministnl.- municipalicv ttory loc:ued : the creation :f shall apply )s. et purposes , to nonoub- venir:nce co cainedlater of the land. I the public n~y before t. ,:Mare plan c:c::s of me '0 che ~ov- lO the;or: ::l.! mao bv i1d in' the :ring. Tne em of the ,1e survey :e ac::ur::t- -egis cered 1 copy of :d in sec- of ouiId- 'hene'ler :rescs in . in such aeion or ing tine :iied for :y righe. ~e :nap ::cn ror tciitions 836 .~. ~t .:.i ~. - ..,. ;;or .~ ~ t! ~' '::J. :\: ~ - .- _. .z: ~ -5 ~ ~ 837 HOL'SlNG. REDEVELOP:-;IE:'IT. P1Ai'INING. ZONING ~U597 ~ Subd. ~. Appeals. If a land use or zoning permit or approval for a building in such 10c:1- tion is denied. the board of appeals :md idjustments shall have the power. upon appe:J.l filed with it by the owner of the land. to gr:mt 3. permit or approval for building in such 10C:1rion in my C:lSe in which the board finds. upon the evidence md the arguments presented co ie. (a) that the entire property of the appellant of which such are:1 identified for public purposes forms a part cannot yidd a re:lSonable return to the owner unless such a permit or approyal is g:r:mted. and (b) chat balancing the interest of the municipality in preserving the integrity or the official map md of the comprehensive municipal plan md the incerest of the owner of the property in the use of the property and in the benefits of ownership. the gr:Ult of such permit or approval is required by consider.uions of jus rice :md equity. In addition to the notice of he:lring required by section -+62.354. subdivision 2. a notice shall be published in the official newspaper once at le:lSt ten days before the d:ly of the he:mng. If the board of appeals :md adjustments authorizes the: issuance of a permit or approval the governing body or other board or commission having jurisdiction shall have six monchs from the dace of the decision of the board to institute proceedings to acquire such land or interest therein. :md if no such proceedings are started within that Wrie. the officer respoll:iible for issuing pennits or ap- provals shall issue the: pennit or approval if the application otherwise conforms to loc:ll ordi- nances. The board shall specify the e:tact locacion. ground are:J.. height :md other details as to the extent and chm-:tcter of the building for which th~ pennit or approval is granted. History: 1965 c 670.r 9: 1976 c: 181 s 2: 1986 c #-1-: 1995 c: 25./. an 3 s 8 I. . 462.3595 CONDmONAL USE PElt,yIITS. Subdivision I. Authority. Tne governing body may by ordinance designate certain types of developme:nes. including pl:mned unit developments. md cemin l:md development activities as conditional llSes under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the saln- dards and criceria seated in the ordimmce will be satisfied. The st:mdards and criteria shall include both gener:l.l requirements for all conditional uses. :md insofar as pr.lccicable. re- quirements ~l'ecific to each designated conditional use. Subd. 2. Public hearings. Public he:mngs on the granting of conditional use pennies shall be held in the manner provided in section -+62.357, subdivision 3. Subd. 3. DUr:1tion. A condieional use permit shall remain in effect as long as the condi- tions agreed upon are observed. but nothing in this section shall prevent the municipality from enacting or amending official controls co ch:mge the status of conditional uses. Subd. ..l.. Filing of pennit. A certified copy of :my conditional use pennie shall be filed with the councv recorder or re2istt:lr of titles of the county or counties in which the munici- pality is loc:lted for record. Tne conditional use permit shall include the legal description of the property included. History: 1982 c 507 s 25 462.3597 INTERn! USES. Subdivision!. Definition. .~ '-interim use- is a temporary use of property uncil a par- ticular date. uncil the occurrence of a particular event. or uncil zoning regulations no longer pennit ie. Subd. 2. Authority. Zoning regt.llations may pemllc the governing body to allow inter- im uses. Tne regulations may set conditions on interim uses. Tne governing body may granc permission for an incerim use of property if: (1) the use conform:; to the zoning regulations: (1) the date or event that will terminate the use C:1n be identified with certainty; (3) permission of the use will not impose additional costs on the public if it is necessary for the public to cake the property in the future: and (d) the user agrees to any conditions th::.t the governing body deems appropriate for per- mission or the use. Any interim use may be terminated by a change in zoning regulations.