HomeMy WebLinkAbout6A 5308 Candy Cove Trail SE Report4646 Dakota Street SE
Prior Lake, NM 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: SEPTEMBER 2, 2014
AGENDA #: 6A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: REVIEW REQUEST TO VACATE A PORTION OF CANDY COVE TRAIL
RIGHT OF WAY ADJACENT TO 5308 CANDY COVE TRAIL SE
DISCUSSION: Introduction
Jared Goerlitz, on behalf of Federal Home Loan Mortgage Corporation is request-
ing vacation of a portion of the Candy Cove Trail right-of-way in front of the prop-
erty at 5308 Candy Cove Trail. The property is located along the eastern shores
of Lower Prior Lake, west of Trunk Highway 13.
History
Much of the right of way for the public street, Candy Cove Trail, as it exists today
was platted with the Candy Cove Park plat in 1921. Other areas of the public
street were dedicated from former private drive paths along the corridor. In this
case, the Candy Cove Park plat and a section of Government Lot 3 converge in
front of the applicant's property at 5308 Candy Cove Trail. As a result of joining
the two areas of the dedicated Candy Cove Trail right of way, the street as trav-
eled turns a corner more sharply than the right of way itself. Utility lines, both
public and private follow this roadway corridor. Since the street turns sharper
than the right of way an area of right of way is created in front of 5308 Candy
Cove Trail that is not needed to facilitate access or utility service to the residen-
tial neighborhood.
Minnesota Valley Electric Company has identified that if the right-of-way were to
be vacated that a corresponding easement be placed for maintenance purposes
of the overhead power lines. A condition of approval has been attached to City
Staff's recommendations to this affect.
Current Circumstances
As required by State Statute 462.356 Subd.2, the Planning Commission is re-
quired 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."
ISSUES: The Planning Commission must make two determinations. Does the vacation of
the existing right-of-way 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
portion of the public right of way area proposed to be vacated in this case is not
needed to provide adequate street access or utility service to the residential neigh-
borhood.
Public Need
The result of the excessive area of right-of-way width is a result of two intersecting
legal boundaries joining at this location. Government Lot 3 and the Candy Cove
Point plat join at this location and the actual roadway as traveled. The portion of
the public right of way area proposed to be vacated is not needed to provide street
access or utility service to the residential neighborhood.
Conclusion
The portion of the public right of way requesting to be vacated is not needed to
facilitate access or utility services to the residential neighborhood. As a result
City Staff recommends approval of the vacation of the requested portion of right
of way with the following conditions:
The applicant shall provide an easement over the proposed vacated
right-of-way area to ensure adequate maintenance of the overhead
power lines.
The approval resolution vacating the public right of way shall be recorded
at the Scott County Recorder's Office within 60 days of City Council ap-
proval.
ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the proposed
vacation as presented or with changes recommended by the Planning Com-
mission.
2. Motion and a second to continue the discussion to a date and time certain to
allow the City Staff to provide additional information specifically requested by
the Planning Commission.
3. Motion and a second to recommend the City Council deny part or all of the
applications based upon inconsistency of the proposal with specific regula-
tions of the Zoning and Subdivision Ordinances and/or specific policies of
the Comprehensive Plan.
RECOMMENDED Alternative #1
MOTION:
EXHIBITS: 1. Location Map
2. Existing Survey indicating current utility lines
3. Boundary Survey (indicating existing easements to be vacated)