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HomeMy WebLinkAbout6 A Jeffers Pond 1st Add4646 Dakota Street SE Prior Lake, MN 55372 STAFF REPORT AGENDA ITEM: 6 A SUBJECT: REVIEW REQUEST TO VACATE THE DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN JEFFERS POND FIRST ADDITION PRESENTER: JEFF MATZKE, PLANNER PUBLIC HEARING: YES X NO -N/A DATE: JULY 11, 2011 INTRODUCTION On June 6, 2005, the City Council approved the final plat known as Jeffers Pond 1St Addition. This plat included Outlot K, L, M, N, O, P, and Blocks 7, 8, and 9, which were designated for future development. Ryland Homes plans to replat this area as Jeffers Pond 4t" Addition. The new plat would allow the development of this site for 38 single family lots. The configuration of the development on the site has changed since the approval of the preliminary plan. For that reason, the designated drainage and utility easements are 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 Comprehensive Plan. The new plat of Jeffers Pond 4t" Addition will dedicate necessary easements for this area. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Public Need As noted above, the new plat will dedicate necessary easements. The approval of this vacation would allow the development of the area to be known as the Pointe. 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. EXHIBITS: 1. Location Map 2. Vacation Survey Sketch JEFFERS POND FOURTH ADDITION LOCATION MAP SUBJECT PROPERTY N 0 100 200 400 Feet =PROPOSED DRAINAGE AND UTILITY EASEMENT TO BE VACATED V r I PROPOSED DRAINAGE AND UTILITY EASEMENTS TO BE VACATED ? ^ \ ALL DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS 1, 2, 3 AND 4, BLOCK 7, v \ LOTS 1, 2, 3 AND 4, BLOCK 8, LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 AND 18, BLOCK 9, OUTLOTS K, L. M. N. 0 AND P; JEFFERS POND FIRST ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, SCOTT COUNTY, MINNESOTA, AS DELINEATED AND DEDICATED ON SAID \ JEFFERS POND FIRST ADDITION. THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO THE RYLAND GROUP THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MYyDI$ECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF/ STATE OF MINNESOTA TED THIS 39TH DAY OF MARCH, 2011. SIGNS P NEER ENGINEERIN P G BY• John C. Larson, Professional Land Surveyor Minnesota License No. 19828 120 60 0 120 Scale in Feet 1 of 1 l' 120 60 0 120 Scale in Feet 1 of 1