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Home My WebLink About01-050 r • CITY OF LAKEVILLE DAKOTA COLTIVTY, MINNESOTA RESOLUTION .Date April 2, 2001 Resolution 01-50 Motion By Mulvihill Seconded By Reb RESOLUTION CONCERNING A COMPREHENSIVE PLAN AMENDMENT REGUIDING PROPERTY FROM .OFFICE PARK/BUSINESS CAMPUS TO COMMERCIAL WHEREAS, on March 15, 2001, the Lakeville Planning Commission met to consider the application of The Avalon Real Estate Group, LLC, Robert and Lorraine. Adelmann, Lakeville " 3$5", and Byron Watschke for a Comprehensive Planamendment to reguide property from Office Park/Business Campus to Commercial. The Planning Commission conducted a public hearing on the proposed Comprehensive Plan amendment preceded by published and mailed notice; and WHEREAS, following'.the close of the hearing the Planning Commission unanimously voted to approve the proposed amendment and further directed preparation of Findings of Fact consistent. with the recommendation. On March. 22, 2001, the Planning Commission adopted written Findings of Fact supporting the approval; and WHEREAS, on March 13, 2001, the City's Environmental Affairs Committee reviewed the environmental issues concerning the application and voted in favor of its approval; and WHEREAS, on March 27, 2001, the City's Economic Development Commission reviewed the economic issues concerning the application and voted in favor of its approval; and WHEREAS, the City Council has considered the proposed Comprehensive Plan .amendment, including the application, staff and consultant reports and presentations, public and written comment, and minutes from the Planning Commission,..Environmental Affairs Committee, and Economic Development Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the.. City of Lakeville, Minnesota: l . .The City Council makes the following Findings of Fact: • a. .The legal description of the property is described on the attached Exhibit «Aa, ("property„~ 92788.03 1 RNK:f03/29/2001 y • To maintain, open space and to assure the Acorn Heights residents of a reasonable. natural buffer, the environmentally sensitive areas along the north and east borders of the property and other sensitive areas, totaling approximately 30 acres, must be protected from development through a conservation easement or dedication to the City. ADOPTED this 2„a day of April, 2001, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Jo n, Mayor A TEST: harlene Friedges; City Cler • 9a~ss.o3 3 RNK:fll3l29/2001 b. The property is currently guided Office ParkBusiness Campus. c. The property is located within Planning District No. l in the City's Comprehensive Plan. d. The proposed amendment is consistent with the. policies and provisions of the Comprehensive Plan... One of the primary goals of Planning District No. 1, the district in which the property is located, is to promote commercial .development. The City needs additional retail shopping opportunities. Residents must now leave the City to make routine purchases. The addition of this retail area will allow residents to shop close to home. This will reduce demands on the City and Regional Transportation System and is consistent with smart. growth policies. e. The proposed amendment is consistent with the .City's Strategic Plan for Economic Development... The reguiding carries forward the Plan objectives of providing a balance tax base and retail shopping opportunities. f. The proposed use is or will be compatible with present and future land uses of the area.. To the west of the property is I-35, to the east is a railroad track, to the south is CSAH 60 which is a high density minor arterial. Site design, performance standards, and .provided open space will bufferadjacent residential property. • g. Adequate capacity. exists .for storm water drainage, water supply, and waste disposal systems to support the proposed land use. h. Currently planned and existing streets and highways have adequate capacity to serve the property. Commercial .:guiding will put less peak hour demand on the transportation network than the current guiding. i. Any use of the property will have an impact on the environment. The impact of the proposed guiding would be similar to the current. guiding. The City's wetland, tree, and environmental regulations currently in place will protect the area. The City's storm water management requirements will ensure that run-off does not degrade water quality in .the two affected watersheds. j. The proposed use will not overburden the City's public service capability. k. The proposed reguiding is consistent with and will promote the public health, safety, and welfare of the community. 1. The proposed reguiding will not have a substantial impact on or contain a substantial departure from Metropolitan System Plans. 2. Pursuant to Minnesota Statutes Chapter 473, City staff is authorized: and directed to submit to the Metropolitan Council and adjacent governmental units for review. the Comprehensive Plan amendment reguiding the property to commercial and amending the text of Planning District No. 1 to include: 92788.03 2 RNK:f03/29/2001 ` • EXHIBIT «A9~ LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1 (Per Warranty Deed Doc. No. 427422) , That part of the Northwest Quarter (NW 1 /4) of Section Thirteen (13), Township One Hundred Fourteen (114), Range Twenty One (21), Dakota. County, Minnesota lying Easf of the Easterly right of way line of U.S. Interstate Highway No. 35, Southerly of the South line of the North Half (N1/2) of the North Half (N1/2) of said Northwest Quarter (NW 1 /4) and Northerly of the following described line to-wit: Commencing at a point on the centerline of State Trunk Highway No. 65 (according to the Amended Final Certificate of Condemnation filed in Book 70 of M.R., page 28 in the office to the Register of Deeds, in Dakota County, .Minnesota), distant 932.6 feet Northerly of the East and West Quarter (1/4) section line of said Section Thirteen (13); thence in an Easterly direction to a point` an the East line of said Northwest Quarter (NW 1/4), distant 930.4 feet North of the center of said Section Thirteen (13), according to the U.S. Government Survey thereof. PARCEL 2 - (Per Quit Claim Deed Doc. No. 911810) That part of the Northwest Quarter of Section 13, Township 114, Range 21, Dakota County, Minnesota, described as follows: Beginning at the southeast corner of said Northwest Quarter; thence North 88 degrees 16 minutes 54 seconds West (assumed bearing) along the south line of said Northwest Quarter a distance. of 621.84 feet to its intersection with the easterly right of way line of Interstate Highway 35W; thence westerly 269.72. feet along said right of way, along a nontangential curve .concave to the south, radius of 766.20 feet, central-angle of 20 degrees: l0 minutes 11 seconds and a chord that bears North 77 degrees 33 minutes 09 seconds West; thence northerly 70.18. feet along said right of way, along a nontangential curve concave to the. west, radius of 336.48 feet, central angle. of 11 degrees 57 minutes 03 seconds. and a chord that bears North 11 degrees 03 minutes 23 seconds West;,thence North 17 degrees 01 minutes 54 seconds West, along said. right of way, tangent to last described curve a distance of 605.25 feet; thence North 04 degrees 49 minutes 06 seconds East, along said right of way a distance of 73.51 feet; thence North 85 degrees 10 minutes 54 seconds West, along said right of way a distance of 12.50 feet; thence North 04 degrees 49 minutes 06 seconds East, along said right of way a distance of 159.90 feet; thence South 88 degrees 33 minutes 24 seconds East a distance of 1091.79 feet to a point on the east line of said Northwest Quarter distant 930.40 feet north from said southeast comer of the Northwest Quarter, as measured along said East line; thence South Ol degrees 29 minutes 45 seconds .West along said east line a distance of 930.40 feet to the point of beginning. PARCEL 3 (Per Warranty Deed Doc. No. 899241) That part of theNortheast Quarter (NE1/4) of Section Thirteen (13), Township One Hundred Fourteen (114), Range Twenty-one (21), lying North of a line perpendicular to -the West line of said Northeast Quarter (NE1/4) of said Section Thirteen (13) from. a .point on the West line thereof distant 1426.57 feet South of the Northwest comer thereof, and Southwesterly of the Southwesterly right of way line of the Minneapolis, Northfield and Southern Railway. PARCEL 4 (Certificate of Title not available, desc. written by Sunde Land Surveying, LLC) That part of the Northeast Quarter of Section 13, Township 114, Range 21, Dakota County, Minnesota, lying southwesterly of the southwesterly right of way line of the Minneapolis, Northf eld and Southern Railway and south 92788.03 4, RNK:f03l29/2001 4 • of a line perpendicular to the west line of said Northeast Quarter of said Section 13 from a point on said west line of the Northeast Quarter of Section 13 distant 1426.57 feet south of the northwest corner of the Northeast Quarter of Section 13. 92788.03 5 RNK:fU3/29/2001