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HomeMy WebLinkAbout8A - Official Map for the Ring Road MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JANUARY 4, 1999 8A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONTINUATION OF PUBLIC HEARING TO CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING 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, 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 of the conditions of an approved permit. The Official Map also governs the issuance of building permits in that it is not required to issue a permit for a structure within the public area defined by an official map. The statute also provides a property owner with an appeal process. 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. b\98file&\9&s.ubj~c\Sl8-0 19:19..80 19.c92.dpc Page 1 162 'Ul:agle CreeK Ave. ~.t.. Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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. The Planning Commission held public hearings on the proposed Official Map on September 14, 1998, October 12, 1998 and November 23, 1998. At the hearing, the Commissioners heard testimony from two of the property owners within this area. A copy of the Planning Commission meeting minutes detailing this testimony are attached for your information. These property owners also submitted written letters to the Commission. These letters are also attached to this agenda report. On November 23, 1998, the Planning Commission recommended approval of the Official Map, on the basis that this is the best alignment and provides a plan for the future. The Issues: The issue here is basically that of planning for the future. The ring road in question is a part ofthe City's Comprehensive Plan. In order to implement this plan the City has three options. The first option is to adopt an Official Map which conclusively determines the alignment of the future road. This is a specific planning document which alerts property owners of the City's intention to develop a road system in this location at some point in the future. The development ofthe road system can occur through the normal development process, or the City can schedule a project a part of the Capital Improvement Program. The second option is to buy all of the property in question, and reserve it for the development of the ring road. A third option is to do nothing. In this event, the City would have some control over the vacant land through the normal development review process. However, expansions could possibly occur to existing buildings which would potentially impact the ability ofthe City to build a road, or which would require the City to spend additional money to purchase those buildings. At the December 21, 1998 meeting, the Council members did express a preference for adopting an official map which formalizes the ring road in accordance with the Comprehensive Plan. The Council did request 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" 1:\98files\98subjec\98-0 19\980 19cc2.doc Page 2 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: intersection alternative as it relates to construction and right-of-way costs. The staff indicated that both pieces of information could not be provided until the January 19, 1999 meeting. Conclusion: The proposed Official Map is the most effective way to plan for the future ring road. The Official Map defines the parameters of the road, but does not require the City buy the property at this time. The Official Map also allows property owners to plan development around this road, and prevents new buildings from being constructed within the future right-of-way. Budget Impact: The City has spent $1,250.00 in survey costs for this ring road. The City Engineering Department has also devoted 56 hours in design and survey work on this proj ect. Future costs in the adoption of the Official Map include final survey drawings and recording costs. Cost estimates are not yet available for right-of-way and construction costs. The City Council has four alternatives: 1. Conclude the public hearing and defer action on this matter until January 19, 1999, so additional information previously directed can be provided. 2. Adopt Ordinance 99-XX approving the Official Map. 3. Deny Ordinance 99- XX. 4. Defer this item and provide staff with specific direction. The staff recommends Alternative #1. Frank Boyles, City Manager 1:\98files\98subjec\98-0 19\98019cc2.doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 99-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 9462.359 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 of the City of Prior Lake this 4th day of January, 1999. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1999. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 J:\98fil.es\98subiec\98.-019\orcl99x,x.doc P)\ge 1 16200 Eagfe ueeK Ave. ~.E.. Ynor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " " -, EXHffiIT A A strip ofland 60.00 feet in width of centerline of which is described as follows: CoIilmencing at the southeast corner 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 a radius 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. 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" ,~ PC-MINUTES 10/12/98 VARIANCE TO PERMIT IMPERVIOUS SURF ACE COVERAGE OF 34.5 PERCENT RATHER THAN MAXllvfUM PERMITTED OF 30 PERCENT 44, C.O. HANNEN'S MAPLE es by all. MOTION CARRIED. 5. Old Business: j A. Case #98-019 Consider an official map for a ring road in the southeast corner of Highway 13, from Franklin Trail to Tower Street. Planning Coordinator Jane Kansier presented the Planning Report dated October 12, 1998 on file in the office of the City Planner. The purpose of the proposed ring road is to provide access to the commercial properties on the southwest side of Highway 13, and to 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. If the proposal goes through the building will be worthless. He asked if the road could be moved. Mr. Borka asked the Commissioners to think about reconsidering. 1:\98files\98plcomm\pcmin\mn 1 0 1298,doc 3 Dean Williamson, representing Health Systems Minnesota, (park Nicollet Clinic) said they met with staff and understands the proposal. Mr. Williamson pointed out their concerns stated in the submitted letter. Criego questioned Williamson's concern for finances. Williamson said it was one of the concerns. He also said they were aware of the proposed ring road when they started construction. There are constraints with the lot. Lorraine Borka questioned the cost and assessments to her. Kansier explained the proposal is for the Official Map and not for construction. Meetings to discuss costs and assessments would be decided later. She explained assessments and buying out. Those. decisions have not been made. The Capital Improvement Plan is five years out and is not in the program at this time. Larry Borka questioned the use. Kansier explained the goal was to look at the most feasible alignment of the property. Borka felt he understands the clinic is taking precedence over a business that has been in Prior Lake for over 30 years. Criego explained a similar situation he was involved in and the fair market value. There should not be any financial loss. There is also more than the Park Nicollet property the City is concerned with. There are other surrounding properties. The City does not want to take Borka's property or business. Mr. Borka expressed their feelings and concerns. Dean Williamson commented on the Official Map suggesting delaying the proposal until Priordale Mall is redeveloped. The only two properties affected are the clinic and Borka's. Rye said the ring road proposal has been round a long time. The City fully intended to have a road between Franklin Trail and Toronto Avenue. Rye stated he understands Mr. Borka's concern. Mr. Borka said he never saw anything in the newspaper stating there was going to be a ring road proposal. He questioned why didn't his mother have notice to vote on this proposal. 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:\98files\98plconun\pcmin\nml 0 1298.doc 4 best judgment. The impact is' less than earlier proposed. This is only for planning purposes. It may never be developed. . We as a community must layout and plan so future developers can look ahead. This proposal may enhance your property. . I have had property taken away from me, but there are legal ramifications for the City and there is a lot of direction for that. . It is only for map purposes. This is very preliminary. . I have lived in many communities, Prior Lake is not restrictive, that is why I moved here. Kuykendall: . Empathetic to Borkas and explained he had been involved with takings for roads in other cities. . Financially, it is reasonable to conclude the true market value would be defined. . This is a plan on paper and may not happen for five years, but it may happen soon. This is a very fast developing community. The City has to keep pace with development. Look at County Road 42. . Concern for the parking requirements. What impact may it have on other properties? . Kansier explained the impact and responsibility of the City. . Rye said simply designating this on the map will not impact Borkas' business. . Kuykendall explained to Borkas the proposal and what issues would be defined later. . Asked staff for the aspects of the ring road. Rye explained the chaotic access roads and the access through private parking and driveways. One purpose was to alleviate that and create a public access to existing properties and enhance the properties. It would also provide some relief for Highway 13. Traffic would be back on the ring road to commercial properties. The idea was to provide better access for the general area. . It might be useful to stake the field and take a look at it. 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:\98files\98plcomm\pcmin\nmlOI298.doc 5 " . "'- . Vote taken signified ayes by V onhof and Kuykendall, nay be Criego. MOTION CARRIED. 6. on the proposed Zoning Ordinance. 98. There were some minor changes. Rye gave feedback on ity Council's public he Council continued the he . g to November 2, 7. development study. The next step is to Rye also gave an update on the d identify actual projects. 8. Don Rye Director of Planning Connie Carlson Recording Secretary 1:\98files\98plcomm\pcmin\mn lOl298.doc 6 ~ --:. --'. -... ,:'. ~ o~ ~..k o~7 G~ a ~ ~) GB~~ c$ CJ-U.,<-rt/ cv ~"l.-C~J...' ~1 ~ J b I' '1'.3 O&'-"t-tl"n~ &~ ~, c. a!,c;~.<j c3PJu V'hz'1- ~ ~ Qj Q~, ~~, T.v .k ____u ~ ~^V ~ r.d. i I H~~}' , .dJ~~rrrJ~r~ ~~l:u{ ~ ~ ~ d ffi; ~ l: t;a.4: p-T...u ~ ~...lAv r ~ ..-a.../..d ~ ~ 7 f _______ O~ J~... d. ~ tN ~r.rJ / ~L 74.1:- ~~~ fT"lft ~ ~ ~ _~1' ..-Jo ~ .--cL~,.v r ~ e</ ~ ~ ~ C?~ ~ ~ ~ rr7 ~ ft ~/ ?!ti-'d{l.'j_' d--a~ ~ r~ ~7ff7aL'~' ~tr ~ UJ~t-J ,. 1'-/3S''f~ .$r a~, ~cL-)O-' LjrtG-/J7Y ~)~CS~D~~~I ~ SEll I 4 lS68 l~ 1-612-993-3895 REAL ESTATE/FACILITY 185 P02 OCT 09 '98 15:16 M~Qdist Hospital Park Nicol14t Clmj~ Prim~P~s~~nNe~o~ Tlu Fcnmdation lnstitu,. for I/.ueaT~h tlIIa Education 3800 Park Nic:ollet Boulevard Minneapolis, MN SS416.16~9 Tel (612) 993-3123 Duane F. SpiBgle. CPM Admini3/rQtrv. DinetoT Ruzl &Illte and Support SBl'VicBJ (612) 993-3897 .,,1 HealthSystem Minnesota October 9, 1998 m@@ow@ ["f;.: il! ' : I I ~ OCT-91998 :111 !! J) o Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue Southeast Prior Lake, Minnesota 55372-1714 Re: Proposed "Ring Road" Deat Jane: We appreciated the opportunity to discuss the "ring road" with Don Rye. Frank Boyles and you on Monday, October S, 1998. As mentioned, HealthSystem Minnesota (dHSM") is in general acceptance of the proposed location; however, there remains a series of concerns and opposition to the entire package. We feel 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) Accessibility. The current "ring road" map details the location ofthe 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 formal map reflecting that change or a formal map showing the exact connection ofthe uring road" to other roadways located to the south. (2) ~ 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 of Prior Lake Page 2 October 9, 1998 (3) Prooerty 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 of the property. We would lik.e some consideration on how this property is assessed, since we have limited use ofthe 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 TIF 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. s;re1Y, !!.1ItsCf c: John Herman ., ..