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HomeMy WebLinkAboutItem 06.fDate: Item No. VETERANS PLAZA LLC ALLEY VACATION Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution vacating a public alley. Overview Veterans Plaza LLC, also known as Metro Equity, has submitted an application for the vacation of an alley on the property located in Block 10 of the Town of Fairfield plat in downtown Lakeville. The Planning Commission held a public hearing on June 29, 2017 and recommended unanimous approval of the alley vacation. There was no public comment. Primary Issues to Consider Will there continue to be access for drainage and utility purposes over the area of the vacated alleyway? Yes, wording recommended by the City Attorney is included in the vacation resolution. Supporting Information •Vacation Resolution •June 29, 2017 draft Planning Commission meeting minutes •June 21, 2017 planning report Financial Impact: Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Brent Jones, Planning Assistant/Code Enforcement Technician July 17, 2017 None Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 17-_____ RESOLUTION VACATING AN ALLEY WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public alley vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public alley. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public alley is hereby vacated: The Alley in Block 10 in the plat of TOWN OF FAIRFIELD, Dakota County, Minnesota, according to the recorded plat thereof. Said Alley lying easterly of Lots 1-4 and westerly of Lots 5-11. 2. That portion of the above-described Alley as it affects the Subject Property is hereby vacated, however the City reserves a permanent easement for existing public and private utilities including the right to continue to maintain said utilities and the right to enter upon such vacated street s to maintain, repair, replace, and/or remove said utilities or otherwise attend thereto. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. 2 ADOPTED by the Lakeville City Council this 17th day of July, 2017 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor ATTEST: BY:________________________ 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 17th day of July 2017 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 City of Lakeville Planning Department Memorandum To : Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: June 21, 2017 Subject: Packet Material for the June 29, 2017 Planning Commission Meeting Agenda Item: Veterans Plaza LLC Alley Vacation INTRODUCTION Veterans Plaza LLC, owner of eight lots in Block 10, Town of Fairfield plat in downtown Lakeville, has submitted an application for the vacation of an alley that was dedicated in 1869. The platted alley is south of Upper 208th Street, west of Holyoke Avenue, north of 209th Street, and east of Howland Avenue. A public drainage and utility easement will replace the vacated alley. Veterans Plaza, LLC is a subsidiary of Metro Equity, owner of several downtown Lakeville commercial properties. EXHIBITS A. Aerial Photo B. Street View C. Town of Fairfield Plat (1869) VACATION The alley proposed to be vacated is directly east of Lots 1-4 and directly west of Lots 5-11 in Block 10 of the Town of Fairfield plat. The businesses in Block 10 include Angry Inch Brewing, Heavy Metal Grill, Dairy Delite, and Lakeville Brewing Company. The applicant owns all private properties adjacent to the alley and wishes to incorporate the area into a privately-owned common parking lot. The applicant proposes to reconstruct the adjacent existing parking area, including the alley, in 2017 to improve traffic circulation and on-site 2 drainage. The City has determined that the existing alley has no public benefit, provided a drainage and utility easement is dedicated over the area of the vacated alley. All utility companies with a potential interest in the alley vacation have been notified. Xcel Energy indicated in an email dated June 8, 2017 that they approve the request to vacate the alley, provided a public drainage and utility easement is dedicated to replace the vacated right-of-way. Xcel Energy indicated there are electric utility structures within the existing right-of-way. No other utility companies have responded with concerns. The June 8, 2017 memo from Matt Decur, Senior Project Engineer, is attached. Engineering recommends approval of the alley vacation. RECOMMENDATION Planning Department staff recommends approval of the alley vacation. cc: Veterans Plaza LLC EXHIBIT A EXHIBIT B EXHIBIT C City of Lakeville Public Works – Engineering Division Memorandum To: Brent Jones, Planning Assistant/Code Enforcement Technician From: Matt Decur, Senior Project Engineer McKenzie L. Cafferty, Environmental Resources Manager John Hennen, Parks and Recreation Director Copy: Zach Johnson, City Engineer Daryl Morey, Planning Director Jerilyn Erickson, Finance Director Dave Olson, Community and Economic Development Director Date: June 8, 2017 Subject: Vacation Request - Platted Alley of Block 10, Village of Lakeville (Town of Fairfield) BBAACCKKGGRROOUUNNDD Veterans Plaza LLC, Fairfield Crossing LLC, and Fairfield Place LLC, request vacation of the platted alley of Block 10, Village of Lakeville (Town of Fairfield). The alley is in the downtown district, between Holyoke Avenue and Howland Avenue, and connects 209th Street and upper 208th Street. The applicants own all private properties adjacent to the alley and wish to incorporate the area into a privately-owned common parking lot. The applicants propose to reconstruct the adjacent existing parking area, including the alley, in 2017 to improve traffic circulation and on-site drainage. The alley of Block 10, Village of Lakeville (Town of Fairfield), was dedicated in 1869 for the purpose of public right-of-way. The alley is paved but contains no public utilities. There are existing private utilities within the alley right-of-way. The applicants must coordinate with the private utility owners to either relocate the facilities or establish easements. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the vacation of the platted alley of Block 10, Village of Lakeville (Town of Fairfield), subject to the relocation of private utilities or establishment of an easement.