05-10-1999 Council Packet - Laserfiche WebLink

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#2480 - Spring Hill - Prelim. Plat May 7, 1999 Page 3 required added right-of-way. The City’s apparent policy was to not burden our property owners with uncompensated loss of land to right-of-ways that weren't clearly needed. The 1997 Hennepin County Bikeway Plan established a policy that requires 100% City funding of right-of-way acquisitions when the right-of-way initially requested by the County during plat review was declined by the City. Otherwise, the right-of-way funding formula is 50% City, 50% County. Orono Subdivision Code Section 11.40 Subd. 2 states: "...when the Comprehensive Municipal Plan or some other agency indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the subdivider shall be required to improve and dedicate at his expense such areas for widening or realignment of such roads...." Whether added right-of-way for future bikeways falls within the definition of " realignment or widening a road" is unclear. It is also unclear whether "future roadway upgrading" as noted by the County, rises to the level of "plans for realignment or widening" the road. What is clear is that Spring Hill is not adding new homes which would contribute to the need for a bike trail, and it is therefore also questionable whether Spring Hill is creating the need for added road right-of-way. Lacking such a connection, and lacking the 'rough proportionality' required for the dedication, it is questionable whether the taking would be legal (see Crosby's memo of April 19). The City Council may wish to review its right-of-way policy regarding subdivisions abutting a designated County bikeway route. For now, for the Spring Hill plat, staff is recommending that the request of Hennepin County for added right-of-way, be denied. City Roads The plat drawings submitted do not show the actual paved/traveled surface of Spring Hill Road, but the earlier site plans reviewed during the CUP process suggested that the road is more or less centered within its 66'+ right-of-way. The dedications for Spring Hill Road, Tamarack Drive and Hunter Drive have been reviewed by the Public Services Director and appear to be appropriate. Planning Commission Recommendation The Planning Commission reviewed this pioposed plat and easement vacation/rededication at their April 19 meeting and voted 5-0 to recommend approval subject to the conditiions recommended by staff.