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HomeMy WebLinkAboutItem 06.lMay 12, 2011 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the vacation of a public drainage and utility easement. Adoption of this motion will vacate an existing boundary drainage and utility easement as part of administrative subdivision and site plan approval for a new commercial building. Overview Stonehenge -USA is requesting approval of the vacation of an existing boundary drainage and utility easement on property located at 17615 Kenrick Avenue in conjunction with approval of an administrative subdivision of the parent parcel, a site plan and a parking deferment for a proposed new 20,600 square foot Goodwill store to be located west of the existing Minnesota Tile building. The proposed Goodwill store is a permitted use in the C -3, General Commercial District. A new boundary drainage and utility easement will be dedicated to the City upon approval of the administrative subdivision. The vacation of the easement will be contingent upon the approval and recording of the administrative subdivision. A Site Improvement Performance Agreement (SIPA) required in conjunction with site plan and administrative subdivision approval will be forwarded to the City Council at a June meeting. The Planning Commission held a public hearing and recommended unanimous approval of the easement vacation at their May 5, 2011 meeting subject to the two stipulations listed in the April 29, 2011 planning report. There was no public comment. Primary Issue To Consider Why is the easement vacation being requested? • The proposed Goodwill site plan includes moving the platted property line between Lots 5 and 6, Block 1, Argonne Park 34 feet to the west to accommodate the new Goodwill building and parking lot and to remove a potential encumbrance on the property title. Supporting Information 0 Resolution 0 May 5, 2011 draft Planning Commission meeting minutes. 0 April 29, 2011 planning and engineering reports. Frank Dempsey, AICP, As ociate • • nner MAY 16, 2011 CITY COUNCIL MEETING EASEMENT VACATION Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 11 RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENT WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easement is hereby vacated subject to the recording of the administrative subdivision of Lots 5 and 6, Block 1 Argonne Park. The 5.00 foot wide drainage and utility easements, originally dedicated on ARGONNE PARK, according to the recorded plat thereof, Dakota County, Minnesota, and now to be vacated which adjoin the line common to Lots 5 and 6, Block 1, said plat: EXCEPT the southeasterly 10.00 feet thereof; ALSO EXCEPT that portion lying within the northwesterly 10.00 feet of said Lot 6. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 16 day of May, 2011. 1 CITY OF LAKEVILLE BY: Mark Bellows, 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 16 day of May, 2011 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Charlene Friedges City Clerk Seal Memorandum To: From: Copy: Date: Subject: Agenda Item: Action Deadline: INTRODUCTION ,'cetn No. City of Lakeville Planning Department Planning Commission Frank Dempsey, Associate Planner Randy Rauwerdink, Stonehenge -USA Michael Brandt, MFRA April 29, 2011 Packet Material for the May 5, 2011 Planning Commission Meeting Minnesota Tile and Goodwill Easement Vacation May 30, 2011 Stonehenge -USA has submitted an application for the vacation of an existing boundary drainage and utility easement in conjunction with an administrative subdivision for a proposed new 20,600 square foot Goodwill store to be located next to the existing Minnesota Tile building at 17615 Kenrick Avenue. The proposed Goodwill store is a permitted use in the C -3, General Commercial District. The subject property is 6.65 acres in area (wetland included) and was platted in 1983 as Lots 5 and 6, Block 1, Argonne Park. The property currently includes the Minnesota Tile building constructed in 1996. The Minnesota Tile building was sited on the property in anticipation of the adjacent subject property being developed for a future commercial use. Minnesota Tile is a 13,780 square foot commercial retail showroom which allows the retail portion of the building to be calculated separately from the storage area of the building for the purpose of calculating the required parking. Given the limited number of parking spaces available on the Minnesota Tile property as shown on the site plan, the Minnesota Tile building will not be able to provide parking on it's own property if any future use of the building is proposed for entirely retail, office or restaurant purposes. The Zoning Ordinance requires that any proposed shared parking between the two properties in the future demonstrate that the uses of the buildings will not have competing peak -hour parking demand. The parent parcel includes Lots 5 and 6, Block 1, Argonne Park. A public hearing is required for consideration of the vacation of the public drainage and utility easement dedicated with the Argonne Park final plat that lies along the shared line of Lots 5 and 6. The vacation is requested in order to administratively subdivide the parent parcel to accommodate the proposed Goodwill store. The shared lot line will be located west of the existing drainage and utility easement. New drainage and utility easements will be established as part of the administrative subdivision. The site plan, administrative subdivision and parking deferment agreement are reviewed and considered for approval administratively by Planning Department staff as allowed by the Zoning Ordinance. The subject property is located west of Kenwood Trail (CSAH 50), north of Juniper Path and east of the Minneapolis Northfield Railroad line and totals 6.65 acres. EXHIBITS A. Location and Zoning Map B. Aerial Photo Map C. Existing Conditions D. Easement Vacation Sketch E. Site Plan EASEMENT VACATION The easement to be vacated will be replaced with a new boundary drainage and utility easement along the new shared property boundary as shown on the site plan. An easement vacation is not required to accommodate the Goodwill store but is being proposed in order to prevent any future underlying encumbrances on the property title. All utility companies with a potential interest in the easement vacation have been notified and have not responded with any concerns. Approval of the easement vacation will be contingent upon the approval and recording of the administrative subdivision. RECOMMENDATION Planning Department staff recommends approval of the easement vacation subject to the following stipulations: 1. The easement vacation is subject to the approval and recording of the administrative subdivision. 2. New boundary drainage and utility easements shall be dedicated by the property owner as shown on the site plan. Attachments 2 Print Preview Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. 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The property is located north of and adjacent to Kenrick Avenue; east of and adjacent to the Minneapolis Northfield & Southern Railroad; southeast of and adjacent to Interstate 35; and west of Kenwood Trail (CSAH -50). The parent parcel is zoned C -3, General Commercial District and consists of Lots 5 and 6, Block 1, Argonne Park. The parent parcel consists of one commercial lot on 6.65 acres. The administrative subdivision will create "parcel A" (4.29 acres) and "parcel B" (2.35 acres). The parent parcel contains one existing building. The building is operated by Minnesota Tile and functions primarily as a retail showroom with storage. The building will be retained by Minnesota Tile on "parcel A" as part of the administrative subdivision. The Applicant proposes to partner with Goodwill to construct a 20,600 square -foot retail building on "parcel B ". MINNESOTA TILE EASEMENT VACATION APRIL 29, 2011 PAGE 2 OF 2 EASEMENT VACATION The existing conditions survey identifies existing public drainage and utility easements that were previously established within the parent parcel (as shown on the Argonne Park plat). The drainage and utility easement adjoining the property line common to Lots 5 and 6, Block 1, Argonne Park will be vacated and reestablished along the new lot lines created with the administrative subdivision. RECOMMENDATION Engineering recommends approval of the easement vacation subject to the comments within this report and approval of the administrative subdivision.