HomeMy WebLinkAbout6A Godsons Way Vac Report4646 Dakota Street SE
Prior Lake, NM 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 7, 2014
AGENDA #: 6A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: REVIEW REQUEST TO VACATE A ROADWAY EASEMENT
LOCATED WITHIN THE PROPOSED GODSONS WAY PLAT
DISCUSSION: Introduction
Jack Hunter has requested the vacation of a roadway easement located
within the proposed Godsons Way Plat in order to ensure the orderly
subdividing of the proposed plat. This site is located north of Natures
Way, and west of CSAH 87 (Revere Way).
History
On July 28, 2005, the Enclave at Cleary Lake plat was filed in the Scott
County Offices along with a dedicated public roadway easement over
parcel 11-912-011-2 as identified in the attached sketch. The easement
was granted for the purpose of maintaining a temporary cul-de-sac / turn-
around for the road Natures Way.
Current Circumstances
Jack Hunter has received approvals necessary for the Godsons Way
preliminary plat for the purpose of constructing 4 single-family detached
home lots. The City Council will review the request for final plat approval
of Godsons Way within the upcoming weeks.
The necessary road right-of-way to replace this current roadway
easement area is proposed to be dedicated on the final plat of Godsons
Way; therefore, this public roadway easement is no longer necessary.
The vacation resolution releasing the current easement would be
recorded with the pending Godsons Way plat.
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 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."
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
ISSUES: 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 "provide well-maintained
streets, water distributions systems, sewage systems, and other municipal
services". The public roadway easement area proposed to be vacated in
this case is not needed to provide adequate street access or utility service
to the residential neighborhood since the new plat of Godsons Way will
dedicate necessary right-of-way for this area.
Public Need
No public need will be present since the Godsons Way final plat will
dedicate the necessary road right-of-way for this area.
ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation, subject
to City Council's approval of the Final Plat of Godsons Way, 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 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 and second to recommend that the City Council approve the
MOTION: proposed vacation, subject to City Council's approval of the Final Plat of
Godsons Way, as presented or with changes recommended by the
Commission.
EXHIBITS: 1. General Location Map
2. Illustrative Sketch of Easement Area
A! 0 1
Preliminary Plat
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