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Home My WebLink About7C 15609 Calmut Ave Vacation CC Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 14, 2015 AGENDA #: 7C PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A VACATION OF A PORTION OF CALMUT AVENUE RIGHT-OF-WAY ADJACENT TO 15609 CALMUT AVENUE SE DISCUSSION: Introduction The purpose of this agenda item is to hold a public hearing to consider a request by Sharry and Thomas Schmid to vacate a portion of the Calmut Avenue right-of- way in front of the property at 15609 Calmut Avenue. History Much of the right of way for the public street, Calmut Avenue, as it exists today was platted with the North Grainwood Plat in 1947 as driveway access. Other areas of the public street were dedicated from former private drive paths along the corridor. Since then, the railroad right-of-way was abandoned and the ac- cess road (which is Calmut Avenue today) was shifted to the west resulting in an atypically wide right-of-way area. Utility lines, both public and private, follow this newer roadway corridor. Current Circumstances As required by State Statute 462.356 Subd.2, the City Council is required to review the disposal or acquisition of public lands as it relates to compliance with the Com- prehensive Plan. Upon proper notification, State Statute 412.851 allows the Council to vacate right-of-way by resolution. The statute also states “no such vacation shall be made unless it appears to be in the public interest to do so.” Conclusion A portion of the public right-of-way which includes the immediate area surround- ing the existing retaining walls within the front yard of the residential property is not needed to facilitate public access or utility services to the residential neigh- borhood. The public watermain is located within the 16.5 foot platted public driveway area, so therefore, the entire 16.5 feet is not recommended for vaca- tion. As a result, City Staff recommends approval of the vacation of the portion of right-of-way around the existing retaining walls, as further identified in the sur- vey by W. Brown Land Surveying dated 12/09/15 with the following condition:  The approval resolution vacating the public right-of-way shall be recorded at the Scott County Recorder’s Office within 60 days of City Council ap- proval. 2 ISSUES: The City Council must make two determinations. Does the vacation of the existing right-of-way comply with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? Comprehensive Plan Review One of the goals of the Comprehensive Plan is to “provide well-maintained streets, water distributions systems, sewage systems, and other municipal services”. The portion of the public right of way area proposed to be vacated in this case is not needed to provide adequate street access or utility service to the residential neigh- borhood. Public Need The result of the excessive area of right-of-way width is a result of the shifting of roadway and utility access since the original access plat. This is due to the aban- donment of the railroad corridor. The portion of the public right-of-way area pro- posed to be vacated surrounding the existing retaining walls is not needed to pro- vide street access or utility service to the residential neighborhood. ALTERNATIVES: 1. After completing the public hearing, motion and a second to approve a resolu- tion approving a vacation of a portion of Calmut Avenue right -of-way adjacent to 15609 Calmut Avenue SE. 2. Motion and a second to continue the discussion to a date and time certain to allow the staff to provide additional information specifically req uested by City Council. 3. Motion and a second, based upon expressed findings of fact, to deny part or all of the application based upon inconsistency of the proposal with specific regulations of Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Resolution 15-XX 2. Location Map 3. Existing Survey Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXX RESOLUTION PROVIDING FOR THE VACATION OF A PUBLIC RIGHT-OF-WAY LOCATED ADJACENT TO 15609 CALMUT AVENUE SE MOTION BY: _____________ SECOND BY: _______________ WHEREAS, Sharry and Thomas Schmid has submitted a petition for the vacation of public right-of-way located adjacent to 15609 Calmut Avenue SE. The petition has been duly presented to the City of Prior Lake, signed by the owners of the property situated in the City of Prior Lake, Scott County, Minnesota to wit: Legal Description (Vacated Right-of-Way Area): An area on the recorded plat of NORTH GRAINWOOD in Section 35, Township North, Range 22 West, Scott County, Minnesota, being 8 feet in width and lying west of the following described line: Commencing at the Southwest corner of Lot 1 said NORTH GRAINWOOD; thence northwesterly along the West line of said plat a distance of 35.feet to the point of beginning of the line to be dscribed; thence northerly along the West line of said plat a distance of 54.00 feet and there terminating. (PID 25-035-001-0) WHEREAS, Notice of the hearing has been duly published and posted in accordance with the applicable Minnesota Statutes, and WHEREAS, A Public Hearing was held on said petition on Monday, December 14, 2015, in the Council Chambers at City Hall, 4646 Dakota Street SE; and WHEREAS, The City Council then proceeded to hear all persons interested in said petition and persons interested were afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, The portion of public right of way for vacation is not necessary to facilitate access or utility services to the residential neighborhood. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The above recitals are fully incorporated herein as set forth above. 2. The City Council of Prior Lake has determined that the vacation of said public right of way would be in the public interest and consistent with the city’s comprehensive plan. 3. The following condition of approval is determined: a) The approval resolution vacating the right of way shall be recorded at the Scott County Recorder’s Office. 4. Pursuant to Minnesota Statues 462.358, the following described public right of way is hereby vacated: Legal Description (Vacated Right-of-Way Area): An area on the recorded plat of NORTH GRAINWOOD in Section 35, Township North, Range 22 West, Scott County, Minnesota, being 8 feet in width and lying west of the following described line: Commencing at the Southwest corner of Lot 1 said NORTH GRAINWOOD; thence northwesterly along the West line of said plat a distance of 35.feet to the point of beginning of the line to be dscribed; thence norther ly along the West line of said plat a distance of 54.00 feet and there terminating. (PID 25-035-001-0) PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager Print Preview http://gis.co.scott.mn.us/ScottGIS2.0private/WebForms/Print.aspx?img=htt... 1 of 1 11/13/2015 4:36 PM