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REQUEST FOR ACTION

Vacation Petition No. CD2026-006VAC by DRP MN 3, LLC

 
MEETING DATE:
October 19, 2026
ORIGINATING DEPT:
Community Development
 
AGENDA SECTION:

Public Hearings

PRESENTER:
Desmond McGeough
 
Action Requested:

Adopting a Resolution approving Vacation Petition No. CD2026-006VAC, vacating the existing right-of-way and adjoining public utility easements for an approximately 440-foot-long segment of Town Square Pl NW, platted as part of the Pebble Creek Fourth.

Report Narrative:

The Applicant is requesting that the City vacate an approximately 440-foot-long segment of Town Square Pl NW, which was platted as part of the Pebble Creek Fourth Subdivision. The subject site is located immediately west of the intersection of Town Square Pl NW and 61st Ave NW. Pebble Creek Fourth final plat was recorded in March of 2024.

 

Pebble Creek Fourth contained a total of seven residential lots, a pedestrian pathway outlot, and an outlot for future development. Lennar Homes purchased the Pebble Creek property with the subject right-of-way and lots with the overall Pebble Creek Development Property. However, with the revised GDP (CD2025-002GDP-A), the developer considered an updated plan and lot configuration for the subject area, which is presently in an undeveloped state. 


Pebble Creek Seventh, which is running concurrently with this application (CD2026-024PLAT), is a replat of portions of Pebble Creek Fourth that contains and proposes a different road alignment. This proposed change triggered the need for a vacation application for Town Square Pl NW and associated public utility easements. With the Pebble Creek 8th plat, new right-of-way and public utility easements will be dedicated to replace the part of the vacated portions. Lennar is submitting the vacation concurrently with the Pebble Creek Seventh final plat since most of the Pebble Creek Fourth subdivision area is contained in this proposed final plat. No reviewing agency indicated an issue with the vacation of the subject right-of-way or utility easements. No response was received by CenturyLink during the notice period.


If approved, a Council Resolution vacating the right-of-way segment will be recorded, and the Property Records Office will eliminate the subject right-of-way. The determination of which property the right-of-way is vacated to is a function of the County Property Records Office, which will consider it after receiving the Council Resolution on the vacation request.


Since Lennar owns all the surrounding property on both sides of the subject right-of-way, the vacated area should be reassigned back to the adjacent lots and outlots owned by Lennar. Recordation of the easement documents will need to be recorded prior to the recordation of Pebble Creek Seventh Final Plat that is running concurrently with this application.

 

Both the Planning Commission and the Development Review Committee are recommending that the City Council approve the subject application. At its September 30, 2026 meeting, the Planning Commission unanimously recommended approval of CD2026-024PLAT, by a 6-0 vote.

Priorities & Foundational Principles:
Economic Vibrancy & Growth Management
Fiscal Responsibility and Sustainability
Policy Considerations & DEI Impact:

The proposed vacation achieves the Comprehensive Plan's core principles of Economic Vibrancy & Growth Management and Fiscal Responsibility & Sustainability.

Prior Legislative Actions & Community Engagement:

September 30, 2026:  Planning Commission Report and Recommendation

October 9, 2026:  Notice of City Council Public Hearing mailed to surrounding properties and forwarded for newspaper publication.

Fiscal & Resource Impact:

No Fiscal & Resource Impacts at this time.

Alternative Action(s):

No alternative actions are recommended at this time.

Prepared By:
Desmond McGeough
Attachments:
Community Development Memo - CD2026-006VAC - Pebble Creek 7th Vacation
Notification Map - CD2026-006VAC -Pebble Creek 7th Vacation
Location Map Exhibit - CD2026-006VAC - Pebble Creek 7th Vacation
Vacation Exhibit - CD2026-006VAC - Pebble Creek 7th Vacation
ROW & Easement Legal Description - CD2026-006VAC - Pebble Creek 7th Vacation
Resolution - CD2026-006VAC - Pebble Creek Seventh Vacation