PUBLIC HEARING: Consider Request to Vacate a Portion of Drainage and Utility Easement on the Property Located at 7912 Sunwood Drive NW (Project No. 22-101); Case of Northstar Marketplace LLC

Phillips Edison & Company (the "Applicant"), on behalf of Northstar Marketplace Station LLC (the "Property Owner"), has submitted an application for an Easement Vacation on the property located at 7912 Sunwood Drive NW (the "Subject Property").  

The City attempted to send a mailing, via standard U.S. Mail, to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records. The notice was also published in the Anoka County UnionHerald.

The Applicant has proposed constructing a 7,200 square foot, multi-tenant retail building on the Subject Property.  The Site Plan was reviewed and approved by the City Council on February 22, 2022.  A contingency of the approval included eliminating the partial encroachment of the proposed building (and associated walkways and patio) in the drainage and utility easement (the "Easement"). 

The northern half of the Subject Property is encumbered with this Easement.  The Easement area includes a small stormwater basin (northern most part of Subject Property), trunk sewer and trunk water lines, and small utilities (gas, electricity, cable, and phone).  The location of utilities and the Easement were established prior to the Sunwood Drive realignment project (paralled the former location of Sunwood Drive).  While the trunk sewer and trunk water lines will remain in place, the small utilities will be relocated as part of the site improvements.  There would be sufficient easement area retained for future maintenance of the trunk sewer and water lines.

Alternatives

Alternative 1: Adopt Resolution #22-107 vacating a portion of drainage and utility easement on the Subject Property.  The small utilities will be relocated as part of this project and there will still be sufficient easement retained for the trunk sewer and water lines.  Vacating a portion of the Easement is necessary to accommodate the proposed retail building.  Staff supports this alternative.

Alternative 2: Deny the requested Easement Vacation.  Staff has worked with the Applicant to ensure sufficient easement area remains for the trunk sewer and water lines.  With the small utilities being relocated as part of this project, there is no need for the full easement.  Staff does not support this alternative.




 

All costs associated with this request are the responsibility of the Applicant.

Staff recommends adopting Resolution #22-107 vacating portions of a drainage and utility easement on the Subject Property.

Motion to adopt Resolution #22-107 vacating portions of a drainage and utility easement on the Subject Property.