HomeMy WebLinkAbout6B Crystal Bay Easement VacationK"I
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U4646 Dakota Street SE
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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 4, 2014
AGENDA #: 6B
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: REVIEW REQUEST TO VACATE A DRAINAGE AND UTILITY
EASEMENT LOCATED WITHIN THE PROPOSED CRYSTAL BAY
PLAT
DISCUSSION: Introduction
DBOW Properties and Crest Exteriors have requested the vacation of a
drainage and utility easement located within the proposed Crystal Bay
Development in order to ensure the orderly subdividing of the proposed
plat.
History
On March 2, 2004, the Crystal Bay plat was filed in the Scott County
Offices along with a dedicated public drainage and utility easement over
Lot 25, Block 1 as identified in the attached sketch. The easement was
granted for the purpose of maintaining a drainage and utility area around
the lots in the plat.
Current Circumstances
DBOW Properties and Crest Exteriors have applied for approval of a final
plat modification to the Crystal Bay Development for the purpose of
constructing single-family detached homes. The City Council will review
the request for final plat approval of Crystal Bay plat modification within
the next 60-120 days.
The necessary drainage and utility easements to replace this current
easement area are proposed to be dedicated on the plat modification of
the Crystal Bay Development; therefore, the easement area around lots
9-12 dedicated to the public with the Crystal Bay plat is no longer
necessary. The vacation resolution releasing the current easement would
be recorded with the pending Crystal Bay plat modification.
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
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
vacation shall be made unless it appears to be in the public interest to do
so."
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
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 modification of Crystal Bay will
dedicate necessary easements for this area.
Public Need
No public need will be present since the final plat modification of the
Crystal Bay Development will dedicate necessary easements for this area.
ALTERNATIVES: 1. Recommend the City Council approve the proposed vacation, subject
to City Council's approval of the final plat modification to Crystal Bay,
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
modification to Crystal Bay, as presented or with changes recommended
by the Commission.
EXHIBITS: 1. General Location Map
2. Illustrative Sketch of Easement Area
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