(A) Access plan approval required. Approval of an access plan is required prior to any one of the following events:
(1) The approval of any land subdivision, conditional use permit, interim use permit, site plan, or zoning-related permit for any property located within the Access Management Overlay Zone;
(2) The construction of any new public or private access to Trunk Highway 7 or to a public street that intersects directly with Trunk Highway 7;
(3) The reconstruction or relocation of any existing public or private access to Trunk Highway 7 or to a public street that intersects directly with Trunk Highway 7;
(4) A change in the primary use of land (for example, a change from agricultural to industrial, residential to commercial or office to retail) that may change the amount of traffic using any existing private access to Trunk Highway 7; or
(5) A change in the intensity of the land use served by a commercial access to Trunk Highway 7, defined as either an increase in the gross floor area of a primary or accessory structure by 25% or 500 square feet, whichever is greater, or an increase in the number of parking stalls by 25% or five stalls, whichever is greater.
(B) Access plan application requirements. An access plan consisting of a sketch plan of the property and the surrounding area, drawn to scale, must be submitted to the Access Management Administrator. The access plan must provide the following information:
(1) The dimensions of the property and the location of public rights-of-way and property lines;
(2) The existing and proposed land use. For residential uses, indicate the number of units. For all other uses, indicate the specific type of use, square footage of existing and proposed structures, number of employees and number of parking spaces;
(3) The location and dimensions of existing and proposed structures, accesses, parking, drive aisles and internal circulation;
(4) The location of local streets and roads serving the surrounding area, the land use on adjacent parcels, and the location of and distance to public or private access serving adjacent parcels;
(5) If the property is planned to be developed in phases or could be further subdivided in conformance with the underlying zoning, a build-out plan specifying location, size and timing of additional parcels and/or structures and parking;
(6) A traffic impact study, if requested by Mn/DOT, any other affected road authority or the Access Management Administrator;
(7) A signal justification report, if a traffic signal is proposed as part of the plan; and
(8) Any other information reasonably required by the city.
(C) Access plan review and approval.
(1) Approving authority. If the proposed development requires any additional approval according to the underlying zoning or subdivision ordinance, the access plan will be reviewed and acted upon as a supplement to those requirements and according to the procedures established for the related application. If the proposed development does not require additional review and approval, the Access Management Administrator reviews and approves or denies the access plan.
(2) Coordination with affected road authorities. The Access Management Administrator must notify and consult with Mn/DOT and any other affected road authority regarding the proposed access plan and must consider their comments and recommendations in the review of the plan. Review and approval of an access plan required under this chapter does not substitute for compliance with the access permit regulations of Mn/DOT or any other affected road authority.
(3) General considerations. To determine whether the proposed access plan meets the standards of this chapter, the approving authority must consider all of the following factors:
(a) Relationship to the existing and proposed land use for the city; the transportation and road network plans of the city, county and state; and the Trunk Highway 7 Access Management Plan;
(b) The potential for future subdivision and development of the property and other properties in the vicinity of the proposed access;
(c) The adequacy of existing or planned roadways to accommodate the proposed development in a safe and cost effective manner;
(d) Environmental conditions affecting the area such as wetlands, floodplains, shorelands, slopes and cultural resources;
(e) Existing, planned and potential future access and circulation to adjacent properties;
(f) Comments from Mn/DOT or any other affected road authority;
(g) If a signal is proposed, review and comments from the affected road authority pertaining to a signal justification report; and
(h) The findings and conclusions of any related studies such as an environmental assessment, traffic impact analysis or signal justification report.
(4) Measurements. The spacing between accesses will be measured as follows:
(a) Public intersections must be measured from the centerline of the intersection under review to the centerline of the next intersection or the nearest edge of the next driveway.
(b) Private driveways must be measured from the nearest edge of the driveway under review to the nearest edge of the next driveway or the centerline of the next intersection.
(c) An access will be considered in compliance with the spacing requirements if the measurement does not deviate more than 5% from the spacing standards established in this chapter.
(5) Findings of approval. An access plan must be approved by the designated authority as provided in division (C)(1) above if the plan:
(b) Satisfies the findings of approval for a modification of access standards as described in § 156.09 of this chapter.
(6) Conditions of approval. The Access Management Administrator or other designated authority may add conditions to the approval of the access plan to ensure compliance with the spirit and intent of this chapter.
(D) Construction responsibilities and security deposit.
(1) Responsibilities. The applicant is responsible for all costs associated with implementation of the access plan, including the construction of improvements required to meet any conditions of approval. Improvements may include the construction of the access or intersection, turn lanes, medians, connecting roadways or driveways, drainage devices and structures, associated grading and site restoration, and the acquisition and/or dedication of necessary right-of-way as permitted by law.
(2) Security deposit. The applicant must provide a security deposit in a form and amount acceptable to the city to guarantee provision of any required improvements associated with the approved access plan.
(3) Compliance. The intersection or access must be constructed in complete compliance with the approved access plan. If the Access Management Administrator finds that the construction has not been completed as approved, the security deposit provided in division (D)(2) above may be used by the city to complete or repair the access improvements in compliance with the approved access plan.
(E) Duration of approval. If the access has not been constructed or utilized within one year after approval of the access plan, the approval expires unless a time extension is granted by the original approving authority. To request an extension, a written request explaining the need for the extension must be submitted to the Access Management Administrator at least 14 days before the expiration of the original approval. The original approving authority must determine whether to grant the extension or require submission and review of a new application.
(2004 Code, § 156.05) (Ord. 03-361, passed 5-25-2004)