04-17-2023 Planning Commission Packet

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To: Chair Bollis and Planning Commission Members OA T Adam Edwards, City Administrator l VO From: Laura Oakden, Community Development Director Date: April 17,2023 �`kESHoS-� Subject: #LA23-000002, 1449 and 1475 Shoreline Drive,Vacation Public Hearing Application Summary: To vacate unused rights-of-way from the County Road 15/Tanager bridge reconstruction project. Staff Recommendation: Planning Department Staff recommends approval. Background The City of Orono has been requested to vacate portions of right-of-way abutting 1449 Shoreline Drive (PID 11-117-23-21-0001)and 1475 Shoreline Drive (PID 11-117-23-23-0002)which terminate at or about the ordinary high water level (OHWL). In 2020, Hennepin County conducted a road project at County Road 15 and a reconstruction project of the Tanager Bridge. As part of that project, land from the abutting properties at 1449 and 1475 Shoreline Drive adjacent to the Tanager bridge was required. With the realignment of the bridge, portions of the existing CSAH 15 right-of-way are no longer needed to support the road improvements. The City Council in 2020 passed Resolution No. 7098 (Exhibit G,)confirming that unused land would be vacated. Hennepin County completed the road project which realigned County Road 15 and the Tanager bridge in 2022 and the County has transferred the land to the City of Orono in order for the vacation process to occur. The City is not aware of any utilities located within the existing right-of-way/easements. We have notified private utilities of the application. Applicable Regulations: -› MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice.The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing.The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way,or any part thereof terminates at, abuts upon, or is adjacent to any public water,written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section,the council or its designee must consult with the commissioner of natural resources to review the proposed vacation.