HomeMy WebLinkAbout7B - #EP 06-119 Outlot B, Deerfield Ind Pk 5th Addn.
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7B
REVIEW REQUEST TO VACATE THE DRAINAGE
AND UTILITY EASEMENT LOCATED ON OUTLOT B,
DEERFIELD INDUSTRIAL PARK 5TH ADDITION
DANETTE MOORE, PLANNING COORDINATOR
YES X NO-N/A
MARCH 27, 2006
INTRODUCTION
On September 6, 2005, the City Council approved the final plat known as
Deerfield Industrial Park 5th Addition. This plat included Outlot B, which is zoned
C-5 (Business Park). Lehrer Developing has filed an application to replat this
outlot as Deerfield Industrial Park 6tti Addition. The new plat would allow the
development of this site for commercial buildings. Previously, there was a
wetland located in the north central portion of Outlot B. On October 18, 2004 a
wetland mitigation plan was approved for the site. For that reason, the drainage
and utility easement is no longer necessary.
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
easements 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
The Comprehensive Plan does not specifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of these
easements is not inconsistent with any specific goal or objective of the
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Comprehensive Plan. The new plat will dedicate necessary easements for this
area.
Public Need
As noted above, the new plat will dedicate necessary easements. The approval
of this vacation would allow the development of the outlot.
As a precaution, the resolution approving the vacation of these easements will
not be released until the final plat is approved. The resolution will be recorded
just prior to the final plat. It must also be noted this vacation does not constitute
approval of any building plans for the site.
ALTERNATIVES:
1. Recommend the City Council approve the proposed vacation as presented
or with changes recommended by the Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. 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
Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation as
requested subject to the condition that the resolution not be recorded until after
final plat approval.
1:\06 files\06 vacations\dip 5th\pc report.doc
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DcJ:nr,t.UJ INDUSTRIAL PARK FIFTH ADDfT/ON, ........ ~n
according to the recoreded plat thereof, Scott " -..
County, Minnesota.
Rehder and Associates. 'nc.
CMI. ENGINEERS AND lAND SUR\IEYORS
34010 F'_ _ . _ 240 . Fagan. _ . __ (851) 452-505'
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