01-16-2018 Planning Commission Packet

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#17-3983 January 16,2018 Page 3 of 4 It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance.To this end,the City will follow these policies: 1. Requests for vacation of dedicated lake access right-of-ways will be denied in all cases except where equal or better lake access will be granted nearby in return. 2. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. 3. The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. Part 4E Parks, Open Space and Trails (4E): The Comprehensive Plan, in the Parks, Open Space, and Trails Chapter has the platted road is listed as a lake access point. Engineer/Public Works Director/Park Commission staff Comments 1. The city's policy is not to approve vacation of city fire lanes/lake access points per the Comprehensive Plan. 2. This is lake access point#39 with the listed purpose of providing walking access to the lake. These lake access are classified under the Parks, Open Space and Trail Plan (4E) in the CMP. The council just passed "A RESOLUTION IN SUPPORT OF THE CITY OF ORONO KEEPING ITS OPEN SPACES, PLAYGROUNDS, PARKS,AND TRAILS IN PERPETUITY" Seems like vacating this lake access point would fall afoul of this resolution. 3. If we do go ahead with a vacation,the west end of the ROW has a city Storm Pond in it that would need protection either; a. Do not include the western end of the ROW in the vacation,or b. Obtain an easement over the pond,associated pipes and access way from the road to the pond. Staff Analysis The council recently approved a resolution in support for preserving parks, open space and trails within the City of Orono. This unimproved platted right of way is identified as open space for pedestrian lake access. Approving this request would conflict with the recent support for parks and open space. From reviewing the Comprehensive plan vacating this right of way seems to go against the policies that are set in place today for the preservation of lake access and open space. The challenge with vacating rights of way is that vacation is final. Should the public or the city desire access to the lake,or have utility needs in the future,the cost to acquire Lake Frontage will be premium. Vacation reduces options for the city in the future,and the importance of access to the lake is outlined in the comprehensive plan. Public Comments Staff received two written comments to deny this request. See Exhibit G for the submitted comments. Issues for Consideration 1. Does this request follow the Comprehensive Plan?