HomeMy WebLinkAbout7A - Spring Lake Park Vacation
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
7A
REVIEW REQUEST TO VACATE A PORTION OF THE
ROAD RIGHT-OF-WAY ADJACENT TO CITY AND
COUNTY OWNED PROPERTY IN BLOCKS 20 AND
21, SPRING LAKE TOWNSITE
JANE KANSIER, PLANNING DIRECTOR
YES X NO-N/A
AUGUST 14, 2006
AGENDA ITEM:
SUBJECT:
INTRODUCTION
The City of Prior Lake and Scott County own 9 lots, described as Lots 10-12,
Block 20, and Lots 7-12, Block 21, Spring Lake Townsite. Although platted,
these lots are not buildable since they consist entirely of wetlands. The lots were
acquired by the City through tax forfeiture.
The City and County are working to resolve some encroachments by private
property owners on Spring Lake Regional Park. As part of this process, the City
and the County are proposing to add these wetland parcels to Spring Lake
Regional Park. There is also dedicated right-of-way adjacent to these parcels
that could be vacated and attached to the park. To facilitate this process, the
Prior Lake City Council initiated the vacation of the subject right-of-way on July
17, 2006. The Council will be conducting a public hearing on this request on
August 21,2006.
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
easement or 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".
DISCUSSION
1:\06 files\06 vacations\spring lake park\pc report.d~.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
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 suitable passive open
space for the preservation of the natural environment and the enjoyment of
residents." One of the policies to meet this goal is "retain natural ponding areas
and wetlands, as appropriate." The existing right-of-way consists entirely of
wetlands. The vacation of this right-of-way will allow this property to be
transferred to Scott County as part of the Spring Lake Regional Park.
Public Need
The existing right-of-way is unbuildable since it consists entirely of wetlands.
The vacation of this right-of-way will further protect the natural environment.
RECOMMENDATION
There is no public need for the portion of right-of-way to be vacated. In addition,
the vacation will further protect the existing wetlands. The staff therefore
recommends approval of this request.
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:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
right-of-way.
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