HomeMy WebLinkAbout7B - Lakefront Plaza Alley Vaca
MEETING DATE:
AGENDA #:
PREP ARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 21, 2001
7B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
PUBLIC HEARING TO CONSIDER APPROVAL OF A
RESOLUTION VACATING THE PLATTED ALLEY AND A 20'
WIDE DRAINAGE AND UTILITY EASEMENT LOCATED IN
BLOCK 9, PRIOR LAKE ORIGINAL PLAT (Case File #01-032)
History: R & K Sales, Inc. has filed a petition to vacate the platted
alley and a 20' wide drainage and utility easement on the property
located on the north side of Dakota Avenue, the west side of Main
Avenue and south of Lakefront Park. The applicant is proposing to
develop this property as Lakefront Plaza. The conceptual plans for
Lakefront Plaza consist of 73 owner-occupied units and 12,000 square
feet of retail space. No plans or applications have been submitted for
this development at this time. The proposed building housing this
development would encroach onto the platted alley and the easement.
The site currently consists of several lots. The applicant has also filed
an application to combine all of the lots as a part of this development
plan. Combining the lots to create a single lot is one of the steps in
preparing this site for the development of Lakefront Plaza.
Current Circumstances: The Planning Commission reviewed this
vacation request on May 14,2001. The Planning Commission
recommended approval of the proposed vacation, subject to
conditions.
The Issues: Minnesota Statutes 412.851 allows the Council to vacate
easements or right-of-way by resolution. The statute states, "no such
vacation shall be made unless it appears to be in the public interest to
do so." The Comprehensive Plan does not specifically discuss alleys
and utility easements, other than as a function of ensuring access to
public utilities. The vacation of this easement is not inconsistent with
any specific goal or objective of the Comprehensive Plan. There is an
existing sanitary sewer line within the easement; however, this sewer
line will be disconnected and rerouted to serve the new building on the
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1'- T T
AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
lot. Although the property will not be platted, any necessary
easements may be identified and obtained as part of the development
approval.
The platted alley is unimproved and does not provide access to any of
the lots at this site. However, there is a telephone cable located within
the easement. The applicant is working with Integra Telecom to
determine when and where this cable should be relocated. The
applicant is also working with Integra Telecom to develop a
maintenance agreement for the cable. The Planning Commission
recommended that approval of this vacation be subject to the receipt of
an executed agreement between the developer and Integra Telecom.
The vacation of this easement and alley is not inconsistent with any
specific goal or objective of the Comprehensive Plan. The
combination and subsequent development of the lots will eliminate the
need for the existing easement and the alley. The Planning staff
therefore recommends approval of this request subject to approval of
the lot combination, approval of a development plan for this site, and
receipt of an executed agreement between the developer and Integra
Telecom.
rnnr/m:inn. The Planning Commission and the staff recommend
approval of the requested vacation subject to the condition that the
resolution will not be recorded until the lot combination has been
approved and recorded, a development plan for this property has been
approved and the developer submits a copy of the executed agreement
with Integra Telecom.
The City Council has three alternatives:
1. Adopt a Resolution approving the vacation.
2. Direct staff to prepare a resolution denying the vacation.
3. Defer this item and provide staff with specific direction.
The Planning Commission and staff recommend Alternative #1. A
motion and second to adopt a Resolution approving the vacation of the
easement subject to the listed conditions is required.
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RESOLUTION Ot-xx
RESOLUTION PROVIDING FOR THE VACATION OF THE PLATTED ALLEY AND A 20'
WIDE DRAINAGE AND UTILITY EASEMENT LOCATED IN BLOCK 9, PRIOR LAKE
ORIGINAL PLAT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
a petition for the vacation of the platted alley and the 20' wide drainage and utility
easement on the property located north of Dakota Street, west of Main Avenue and
south of Lakefront Park has been duly presented to the City of Prior Lake, signed by
the owners of the property abutting the following described easement situated in the
City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of the dedicated alley located within Block 9, PRIOR LAKE ORIGINAL
PLAT, according to the recorded plat thereof, Scott County, Minnesota, as delineated
and dedicated on said PRIOR LAKE ORIGINAL PLAT.
And
The drainage and utility easement described as follows: The North 20 feet of the
South 40 feet of Lot 9, Block 9, PRIOR LAKE ORIGINAL PLAT, Scott County,
Minnesota.
And
notice of the hearing on said petItIOn has been duly published and posted In
accordance with the applicable Minnesota Statutes, and
a Public Hearing was held on said petition on Monday, May 21,2001, at 7:30 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
the City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to
the granting of said petition; and
the City Council of Prior Lake has determined that the vacation of said easement
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that:
1. Pursuant to Minnesota Statues 412.851, the following described drainage and utility easement is
hereby vacated:
Legal Description
That part of the dedicated alley located within Block 9, PRIOR LAKE ORIGINAL PLAT, according
to the recorded plat thereof, Scott County, Minnesota, as delineated and dedicated on said PRIOR
LAKE ORIGINAL PLAT.
And
The drainage and utility easement described as follows: The North 20 feet of the South 40 feet of Lot
9, Block 9, PRIOR LAKE ORIGINAL PLAT, Scott County, Minnesota.
2. The vacation of said easement is in the public interest.
3. This vacation is subject to the following conditions:
a) An application for a lot combination is approved and recorded.
b) An application for the development of this site is submitted and approved by the City.
4. Upon completion of the above conditions, this Resolution will be forwarded to the Office of the
County Recorder, Scott County, for appropriate action.
Passed and adopted this 21 st day of May, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Eri cson
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
{Seal}
1: \01 files \01 vacations \01-032 \rsO 1 xxcc. doc
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RESOLUTION Ol-XX
RESOLUTION PROVIDING FOR THE VACATION OF THE PLATTED ALLEY AND A 20'
WIDE DRAINAGE AND UTILITY EASEMENT LOCATED IN BLOCK 9, PRIOR LAKE
ORIGINAL PLAT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
a petition for the vacation of the platted alley and the 20' wide drainage and utility
easement on the property located north of Dakota Street, west of Main Avenue and
south of Lakefront Park has been duly presented to the City of Prior Lake, signed by
the owners of the property abutting the following described easement situated in the
City of Prior Lake, Scott County, Minnesota to wit:
LEGAL DESCRIPTION:
That part of the dedicated alley located within Block 9, PRIOR LAKE ORIGINAL
PLAT, according to the recorded plat thereof, Scott County, Minnesota, as delineated
and dedicated on said PRIOR LAKE ORIGINAL PLAT.
And
The drainage and utility easement described as follows: The North 20 feet of the
South 40 feet of Lot 9, Block 9, PRIOR LAKE ORIGINAL PLAT, Scott County,
Minnesota.
And
notice of the hearing on said petition has been duly published and posted In
accordance with the applicable Minnesota Statutes, and
a Public Hearing was held on said petition on Monday, May 21,2001, at 7:30 p.m. in
the Council Chambers at the Prior Lake Fire Station #1; and
the City Council then proceeded to hear all persons interested in said petition and
persons interested afforded the opportunity to present their views and objections to
the granting of said petition; and
the City Council of Prior Lake has determined that the vacation of said easement
1:\01 files\Ol vacations\O 1-032\rsO lxxcc.doc
Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PUBLIC HEARING
~:
Please register below if you wish to address the Council
as part of the follo.wing public meeting. THANK YOU!
CONSIDER APPROVAL OF A RESOLUTION VACATING THE PLATTED
ALLEY AND A 20-FOOT WIDE DRAINAGE AND UTILITY EASEMENT
LOCATED IN BLOCK 9, PRIOR LAKE ORIGINAL PLAT
(Case File 01-032)
* * *
MAY 21,2001
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