6.1.
CC Regular Session
- Meeting Date:
- 02/12/2013
- By:
- Tim Gladhill, Community Development
Information
Title:
PUBLIC HEARING: Adopt Ordinance to Vacate Right of Way and Drainage and Utility Easements on the TOWN CENTER GARDENS 3RD ADDITION Plat for SEASONS OF RAMSEY; Case of Podawiltz Development Corporation/The Seasons of Ramsey Limited Partnership
Background:
The City has received a request from Podawiltz Development Corporation to vacate drainage and utility easements within the TOWN CENTER GARDENS 3RD ADDITION plat in areas to be replatted as SEASONS OF RAMSEY. The request also includes a request to vacate right of way for 147th Circle NW, which would then become a private street. In exchange, the Developer would complete the connection of 147th Lane NW from TOWN CENTER GARDENS to Town Center Drive NW. The ordinance was introduced bv the City Council on January 22nd, 2013.
Notification:
Staff attempted to notify all Property Owners within 700 feet of the Subject Property via Standard US Mail of the Public Hearing on the Preliminary Plat to be held by the Planning Commission on January 31st. In addition, another mailing will was sent to Property Owners within 350 feet of the Subject Property of the current Public Hearing. The Notice of Public Hearing was also published in the Anoka Union newspaper.
Observations/Alternatives:
The existing drainage and utility easements are based on the current Plat configuration. The new, proposed Plat would reconfigure existing lot lines, thus impacting locations for drainage and utility easements. Appropriate Drainage and Utility Easements shall be re-dedicated on the new Plat to be known as SEASONS OF RAMSEY.
Staff is forwarding this request in advance of the City Council hearing the Preliminary Plat, Final Plat, and Site Plan approvals to align all final approvals at the same time. The final approvals are tentatively scheduled for February 12th, 2013. As the City Council is introducing the ordinance at this time, it is not obligated to adopt the ordinance. A separate case will be drafted for February 12th to consider final adoption of the ordinance.
Due to potential final modifications to the plat of SEASONS OF RAMSEY, action on the request should include authorizing Staff to remove Outlot E, TOWN CENTER GARDENS 3RD ADDITION from the request, to ensure capatability with the Final Plat as approved to form.
Alternatives
The first alternative is to approve the request as presented, thus vacating drainage and utility easements as well as right of way, with necessary easements to be re-dedicated on the new Plat. This alternative would allow the proposed Plat and site plan to proceed with development as proposed, once the site plan and Final Plat are approved by the City Council (scheduled for February 12th).
The second alternative is to not vacate existing drainage and utility easements. This alternative would leave areas that would remain un-buildable due to easement restrictions. The proposed Plat would need to be modified to avoid areas of existing easements. Provided that the necessary easements are dedicated on the Plat, these existing easements would be unnecessary.
The third alternative is to not vacate the right of way for 147th Circle NW. The City would retain ownership and maintenance obligations for this short roadway segment. In addition, the City Council agreed in a preliminary agreement to vacate this right of way to partially satisfy a local contribution point award for the Developer's Minnesota Housing Finance Agency (MHFA) Section 42 Tax Credit Application. This was in addition to the City's Housing and Redevelopment Authority (HRA) conveying Outlot C, RAMSEY TOWN CENTER 8TH ADDITION. If the City Council chose not to vacate this roadway, and still desired the project to move forward, the local contribution amount proposed was approximately $200,000.
Staff is forwarding this request in advance of the City Council hearing the Preliminary Plat, Final Plat, and Site Plan approvals to align all final approvals at the same time. The final approvals are tentatively scheduled for February 12th, 2013. As the City Council is introducing the ordinance at this time, it is not obligated to adopt the ordinance. A separate case will be drafted for February 12th to consider final adoption of the ordinance.
Due to potential final modifications to the plat of SEASONS OF RAMSEY, action on the request should include authorizing Staff to remove Outlot E, TOWN CENTER GARDENS 3RD ADDITION from the request, to ensure capatability with the Final Plat as approved to form.
Alternatives
The first alternative is to approve the request as presented, thus vacating drainage and utility easements as well as right of way, with necessary easements to be re-dedicated on the new Plat. This alternative would allow the proposed Plat and site plan to proceed with development as proposed, once the site plan and Final Plat are approved by the City Council (scheduled for February 12th).
The second alternative is to not vacate existing drainage and utility easements. This alternative would leave areas that would remain un-buildable due to easement restrictions. The proposed Plat would need to be modified to avoid areas of existing easements. Provided that the necessary easements are dedicated on the Plat, these existing easements would be unnecessary.
The third alternative is to not vacate the right of way for 147th Circle NW. The City would retain ownership and maintenance obligations for this short roadway segment. In addition, the City Council agreed in a preliminary agreement to vacate this right of way to partially satisfy a local contribution point award for the Developer's Minnesota Housing Finance Agency (MHFA) Section 42 Tax Credit Application. This was in addition to the City's Housing and Redevelopment Authority (HRA) conveying Outlot C, RAMSEY TOWN CENTER 8TH ADDITION. If the City Council chose not to vacate this roadway, and still desired the project to move forward, the local contribution amount proposed was approximately $200,000.
Recommendation:
Staff recommends that the City Council introduce the ordinance to vacate drainage and utility easements and right of way within the TOWN CENTER GARDENS 3RD ADDITION plat as indicated in the attached legal description, with the option to remove Outlot E, TOWN CENTER GARDENS 3RD ADDITION from the request.
Funding Source:
All costs associated with processing the Application are the responsibility of the Applicant.
Council Action:
Motion to waive the City Charter requirement to read the Ordinance aloud;
-AND-
Adopt the ordinance to vacate drainage and utility easements and right of way within the TOWN CENTER GARDENS 3RD ADDITION plat as indicated in the attached legal description, with the option to remove Outlot E, TOWN CENTER GARDENS 3RD ADDITION from the request.
Roll Call Vote:
Councilmember Elvig
Councilmember Kuzma
Councilmember Tossey
Councilmember Riley
Councilmember LeTourneau
Councilmember Backous
Mayor Strommen
-AND-
Adopt the ordinance to vacate drainage and utility easements and right of way within the TOWN CENTER GARDENS 3RD ADDITION plat as indicated in the attached legal description, with the option to remove Outlot E, TOWN CENTER GARDENS 3RD ADDITION from the request.
Roll Call Vote:
Councilmember Elvig
Councilmember Kuzma
Councilmember Tossey
Councilmember Riley
Councilmember LeTourneau
Councilmember Backous
Mayor Strommen
Attachments
- Site Location Map
- Vacated Right of Way
- REVISED Drainage and Utility Easement Vacation Exhibit
- Proposed Ordinance (Revised)
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Tim Gladhill | 02/07/2013 10:17 AM |
| Brian Hagen | Tim Gladhill | 02/07/2013 10:20 AM |
| Kurt Ulrich | Kurt Ulrich | 02/07/2013 12:22 PM |
- Form Started By:
- Tim Gladhill
- Started On:
- 01/17/2013 11:29 AM
- Final Approval Date:
- 02/07/2013