HomeMy WebLinkAbout7A - #EP 06-104 Ferguson Var.16200 Eagle Creek Avenue $.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7A
REVIEW REQUEST TO VACATE A PORTION OF THE
EASEMENT FOR ROADWAY PURPOSES ADJACENT
TO 4500 LORDS STREET NE
STEVE ALBRECHT, CITY
DIRECTOR
YES 'X NO-N/A
MARCH 13, 2006
PUBLIC WORKS
INTRODUCTION
The Prior Lake City Council initiated the vacation of a portion of the easement for
roadway purposes located adjacent to 4500 Lords Street NE.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or 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".
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing easement 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 "plan for access to and
movement of people, goods and services." Policies to meet this goal include
"classify and design city streets and highways to serve specific functions in
accordance with sound traffic engineering principles." Chapter 4 of the
Comprehensive Plan also notes local streets primarily serve residential areas.
"These streets are for access to adjacent property and designed as Iow speed,
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Iow capacity facilities." The easement for Lords Street at this location, even as
revised, will continue to perform this function.
Public Need
The revised road easement provides adequate right-of-way to meet the needs
for the existing and future Lords Street. In addition, as part of this vacation, the
property owner will be providing an easement to the City. The attached exhibit
shows the proposed right-of-way and drainage easements to be dedicated to the
City for Lords Street. These easements are necessary for the future
reconstruction of Lords Street.
RECOMMENDATION
There is no public need for the portion of right-of-way to be vacated. In addition,
the vacation will provide an easement for road purposes that will be required in
the future. The staff therefore recommends approval of this request subject to
the condition that an easement for drainage and utility purposes is maintained
across a portion of the existing street as determined by the City Engineer.
ALTERNATIVES:
Recommend the City Council approve the proposed vacation as presented
or with changes recommended by the Commission.
Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
easement subject to the condition that an easement for drainage and utility
purposes is maintained across a portion of the existing street as determined by
the City Engineer.
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-~ROPERTy
A tract ofi,iland in :.,Go~meff~ Lot"Nine (9), Section Thirty-
five. (35) ,i[i~Township. i..O_~ii~!HUndred Fifteen (1!5'), Range. Twenty-two
(22), .S'cot~--;CoUnty,i'~esota, described'aS: follows. Commencing
at a ..~Qin~i~h'at.., is..:~...~8;, feet., nQ~..~h, and. :.~.2~..'53 feet .east of
th..~~ ~~,~ ~,
of 129.0 f~et, ~be~~th 81 degrees. O]~:::~.~es. Eas~ a distance
of 112.4 f~:et; g~?~r~h .61 de~re.e's