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HomeMy WebLinkAboutItem 06.lOctober 30, 2014 Item No. SPIRIT OF BRANDTJEN FARM EASEMENT VACATION NOVEMBER 3, 2014 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution vacating a drainage and utility easement on Lots 7 and 8, Block 16, Spirit of Brandtjen Farm. Passage of this motion will vacate a boundary drainage and utility easement along the shared side lot line of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm to allow the two lots to be combined for the construction of a larger single family home. Overview Tradition Development (a/k/a SBF Development Corp.) representatives are requesting the vacation of the drainage and utility easement along the shared side lot line of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm (SBF). Following approval of the easement vacation, the two lots will be combined and a larger single family estate home will be constructed in the center of the combined lots. The Planning Commission held a public hearing on the SBF easement vacation request at their October 23, 2014 meeting and unanimously recommended approval. There was no public comment. There are no public utilities located within the easement to be vacated. Primary Issues to Consider None Supporting Information • Resolution vacating the public drainage and utility easement • October 23, 2014 draft Planning Commission meeting minutes • _ October 27, 2014 engineering memo • 1 pctol#er 1.,,2-014 planning memo Daryl Morlty, Pfanninb girector Financial Impact: $ Budgeted: Y/N Related Documents (CIP, ERP, etc.): Notes: Source: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The vacation of the drainage and utility easements over, under, and across a part of Lots 7 and 8, Block 16, SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the Southeast comer of said Lot 8; thence on an assumed bearing of North 51 degrees, 57 feet, 23 inches West along the south line of said Lot 8 a distance of 12.70 feet to the point of beginning of said easement to be vacated; thence North 6.35 feet; thence North 51 degrees, 57 feet, 23 inches West 139.99 feet; thence southwesterly 10.01 feet along a non- tangential curve, concave to the northwest, having a radius of 62.00 feet, a delta angle of 9 degrees, 15 feet, 05 inches and a chord that bears South 38 degrees, 2 feet, 37 inches West; thence South 51 degrees, 57 feet, 23 inches East 147.82 feet; thence bearing of North 6.35 feet to the point of beginning of said easement to be vacated. 2. A $5,000 security must be submitted to ensure that the unused sanitary sewer and watermain services are properly removed per City of Lakeville Standard Specifications and Early Dawn Trail is reconstructed to the existing pavement section. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 3rd day of November, 2014. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 3rd day of November, 2014, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 23, 2014 air Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hal . The pledge of allegiance to the flag was given. Members resent: Chair Brooks Lillehei, Jason Swenson, Paul Reuvers, Linda Maguire, Karl otning, Pat Kaluza, ex -officio member Nic Stevens Members Absent: hone Others Present: Daryl ftey, Planning Director; Frank Dempsey, Associate Planner; Kris Jenson, Associate Pla er, Alex Jordan, Civil Engineer; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The October 2, 2014 Planning Commi presented. 4. Announcements Zn meeting minutes were approved as Mr. Morey stated that the following item was distributed to a Planning Commission prior to tonight's meeting: • Draft minutes of the October 22, 2014 Parks, Recreation and Na ral Resources Committee meeting regarding the Appaloosa Farm Addition an ummerlyn Northwest preliminary plats. Mr. Morey indicated that Vice Chair Bob Boerschel has resigned from the PlannfRgq Ce+�rnissieo;--e#estive-l►�ed+ate�: --- . 5. Spirit of Brandtjen Farm Chair Lillehei opened the public hearing to consider the application of SBF Development Corp. for the vacation of a public drainage and utility easement across part of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that SBF Development Corporation is requesting the vacation of the existing drainage and utility easement along the shared side lot line of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm (SBF). He indicated that the reason for the request is to combine Lots 7 and 8 into one lot for the construction of a new house in the middle of the two combined lots. There are no public utilities located within the drainage and utility easement to be vacated. Planning Commission Meeting Minutes, October 23, 2014 Page 2 Mr. Morey stated that staff recommends approval of the drainage and utility easement vacation subject to the recording of a Zoning Lot Designation. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Reuvers, seconded by Maguire to close the public hearing at 6:05 p.m. Ayes: Swenson, Maguire, Lillehei, Reuvers, Kaluza, Drotning Nays: 0 Chair Lillehei asked for comments from the Planning Commission. There were no comments. Motion was made by Maguire, seconded by Swenson to recommend to City Council approval of the Spirit of Brandtjen Farm drainage and utility easement vacation across part of Lots 7 and 8, Block 16, Spirit of Brandtjen Farm. Ayes: Maguire, Lillehei, Reuvers, Kaluza, Drotning, Swenson Nays: 0 Chair lehei opened the public hearing to consider the application of Verizon Wireless r a Conditional Use Permit and Interim Use Permit to allow the construction a personal wireless service antenna tower taller than 75 feet at Lakeville North . h School. Ralph Wyndarden, Sr. ZQQing Specialist with Falk & Foster presented a brief overview of the request.Wyndarden stated that this cell tower is necessary for the steady growth and cov ab in this area of the city. He indicated that the proposed location of the 120 foot I tower is the optimum location and height to accommodate the desired service co age as well as allow space for additional wireless providers required by the Zonin rdinance. Mr. Wyndarden stated that the proposed water tower off of Highview Avenu and 190th Street would not be able to accommodate Verizon's immediate service nee in the area of the proposed antenna tower location. Mr. Wyndarden stated tha erizon did consider the current T -Mobile tower located at Lakeville North High School t it was not tall enough for their service needs and could not structurally support an a ension. The tower they are currently proposing is 40 feet taller than the T -Mobile tow and is structurally engineered to accommodate two additional carriers. Associate Planner Frank Dempsey presented the planning report. . Dempsey stated that a CUP is required to allow a personal wireless service antenna%be r that is not located on a public or quasi -public structure and an IUP i because the tower exceeds 75 feet in height. This proposed tower wou feet in height. City of Lakeville Engineering Division — Public Works Memorandum To: Daryl Morey, Planning Director From: Alex Jordan, Civil Engineer Copy: Zach Johnson, City Engineer Dennis Feller, Finance Director Dana Bjork, Utilities Superintendent Gene Abbott, Building Official Date: October 27, 2014 Subject: Lot 7, Block 16 and Lot 8, Block 16 Spirit of Brandtjen Farm Lot Combination and Sewer and Water Service Abandonment SERVICE ABANDONMENT REQUIREMENTS Tradition Development proposes to combine the vacant parcels Lot 7, Block 16 Spirit of Brandtjen Farm and Lot 8, Block 16 Spirit of Brandtjen Farm into one parcel. The City of Lakeville Utilities Department will require that the un -used services be abandoned and plugged at the main per the City of Lakeville Standard Specifications for Construction. This will require open cutting the roadway (Early Dawn Trail), removing the existing services, and plugging the sanitary sewer and watermain at the main. Early Dawn Trail shall be reconstructed to the existing pavement section. A $5,000 security will be required to ensure that the utilities are properly removed and the street is reconstructed. The service abandonment shall be inspected and approved by the Utilities Department per the City of Lakeville Standard Specifications. A right-of-way permit will be required before the abandonment work may proceed. Lakeville Memorandum To: Planning Commission From: Daryl Morey, Planning Director`m Date: October 15, 2014 City of Lakeville Planning Department Subject: Packet Material for the October 23, 2014 Planning Commission Meeting Agenda Item: Spirit of Brandtjen Farm Easement Vacation Application Action Deadline: November 16, 2014 SBF Development Corporation has submitted an application to vacate the existing drainage and utility easement along the shared side lot line of Lots 7 and 8, Block 16, Spirit of Barndtjen Farm (SBF). The reason for the request is to combine Lots 7 and 8 into one lot for the construction of a new house in the middle of the two combined lots. This request will require the recording of a Zoning Lot Designation in order for these two platted lots to be combined and considered as a single lot for compliance with the Zoning Ordinance. There are no public utilities located within the drainage and utility easement to be vacated. Planning and Engineering staff recommend approval of the drainage and utility easement vacation subject to the recording of the Zoning Lot Designation. Exhibits: A. Location Map B. Easement Vacation Sketch El" D �1 Earl V Dawn Trl it o Bran tjen Farm-4 1 � se e t V atiork 167th St Aster--biltLn \ 168th St I f r , DcLU --_ DElF D r, ... City of Lakeville t Aerial Map Spirit of i Brandtjen Farm Easement ;, Vacation F EXHIBIT A 71) �1 r1) I 56q 745� 0 Wm >o D, Z v ca C4o ­4ZO 00 :-n �� 00 c!J O Z V�J - ' � '1 � 'jai L, L_ V .� r I .� �, X CA L_ V 1 .J I /-\ -r t -A M L� I L_U I V O zo 1> O v 1 M Ln N01 028'59"W 136.40 mss 0 '� �;o N TR A I L A=38002'37" ' r -- --34.53,_--x34.45 0NORTH I I I W Z I N rri > o(n I E g 0 � ' ,off— OD 1 O `..D r NO2 43 16 7 W L_ n 1 ITI /''T A C� VVIL.V1 rX ....- t II W 0 CD Co -. PIA S�0. 01 15 ' 050: '_- :' o - /vim - t V Ci 7 qp xo� oo / N° (D �s I ZS7 2.70 0 �— 48.04NORTH /11 ►T, nT I 1 vv1L_vI V I r1'I' ti '� i /'1 /*\I� I / A KIr1T Ir-A L)A A `il II I I VI L.I\MIvV IUL_14 F nl\IVI DRAINAGE & UTILITY .''EASEMENT PER PLAT` li o i NORTH 129.97 v v 1 L.v I I AA'' 17 rl / GQ �. 3"i Cao o°" iu O C CD COu CD v`ai w p O' C O O �• `C C!1 CD C Z CpD W p O p \ ° � o C, tA , C) :3 cin L Cn CA A' d CD o � � C tA 3 CD LA ' � � � y, 00 0 w Q- Co CD Do CD C �' l� CCD '� coo o p A. CSD W CD EL 5' � -j- voa '* Z4 0 sr COD C00 cor C) CD CA rp ' s:.. c, o 9 trs p o v w oo p " . CD CD cD CD 94 aq C%C CD �-•I CD E CD fD W O drQ ' q• CDD O CDD � � � 'C � CCD N 00 � � � p aZ CD 0' c o, \w'� `� c chi? °, bd 0, ! Cn O, ��� Upq ' w CSD R ° 0 o O N x as °,�a� �o t CD CD CD n O O CDw CD - CD V'' w 00 I~. n -s- '+ (Dm a W ; E g > D VACATION SKEM FOR James R. Hill, Inc. Z w Q , C- .. Homes By Tradition pL�WNERS / ENgNEERS /SURVEYORS w Z p F , 3 L N m Lots 7 do 8, Block 16, SPIRIT OF BRANDTJEN FARM, Dakota County, Minnesota. 2500 T COMM ROaD 42' SWE ��' WWW" MN 55337 PHONE: (952) 890-6044 FAX: (952) 690-6244