REQUEST FOR PLANNING COMMISSION ACTION DATE: 9/3/2008 ITEM NO: 5c Department Approval: Agenda Section: PUBLIC HEARINGS Item Description: Request by Cent Ventures II (in cooperation with Joel McCarty property owner, Old Dominion Freight Line) for the VACATION of a ROADWAY EASEMENT and a PRELIMINARY PLAT of property at 2750 Cleveland Avenue (PF08-039) 1.0 REQUESTED ACTION 1.1 Cent Ventures II (in conjunction with Joel McCarty) has requested approval of a ROADWAY EASEMENT VACATION and approval of a PRELIMINARY PLAT that divides the existing 5.14 acres into two lots. 1.2 However, a Quit Claim Deed gave certain land to the City and the EASEMENT VACATION is no longer necessary. Project Review History Application submitted and determined complete: August 13, 2008 Sixty-day review deadline: October 12, 2008 Project report recommendation: September 3, 2008 Anticipated Planning Commission action: September 3, 2008 Anticipated City Council action: September 22, 2008 2.0 SUMMARY OF STAFF RECOMMENDATION The Planning Division recommends approval of the requested PRELIMINARY PLAT, subject to certain conditions; see Section 7 of this report for the detailed recommendation. 3.0 SUMMARY OF SUGGESTED ACTION By motion, recommend approval of the requested PRELIMINARY PLAT, subject to conditions; see Section 8 of this report for the detailed action. PF08-039_RPCA_090308.doc Page 1 of 3
4.0 BACKGROUND 4.1 The Old Dominion Freight Line parcel is 5.14 acres in size and is located south of the unimproved Iona Lane, east of the unimproved Mount Ridge Road, and adjacent to Cleveland Avenue. 4.2 The parcel is located in the Twin Lakes Redevelopment Area, has a land use designation of BP, Business Park, and a current zoning designation of I-2, General Industrial. 4.3 Cent Ventures 2 has a purchase option for the Old Dominion Freight Line parcel and has been in negotiation with Metro Transit on the purchase of an approximate 1 acre lot in the northeast corner of the parent parcel. Metro Transit intends to redevelop the 1 acre lot (the subject of the current preliminary plat) into a park-and-ride facility, which requires approval of a General Concept and Final Development Planned Unit Development. 5.0 REVIEW OF EASEMENT VACATION 5.1 The applicants indicate in their narrative that the Ramsey County Surveyor has stated that a FINAL PLAT cannot be recorded with roadway easements on a plat document. Therefore the applicant has requested that an easement for a 10-foot-wide portion of Iona Lane and Mount Ridge Road be vacated. 5.2 However, Document No. 1511814 recorded at Ramsey County, is a Quit Claim Deed giving the Village of Roseville the subject area thought to be an easement. Specifically the Quit Claim Deed gives that Village/City the northern 10-foot-wide portion of Lot 20 and Lot 1, Block B, Twin View and the eastern 10-foot-wide portion of Lots 1, 2, and 3, Block B, Twin View (see Attachment C). Therefore it is staff s opinion the there is not an easement to vacate. 5.3 Recently the applicant and their surveyor have claimed that the City only holds interest in the land described in the deed for public roadway and highway purposes. At the printing of this report, staff is awaiting a legal opinion from the City Attorney. Nevertheless, the City is not interested in vacating its interest in the land, because Iona Lane is proposed to be improved for use by the park and ride facility. 5.4 To facilitate closure of the easement/preliminary plat issue, Staff is recommending that the land area identified in Document No. 1511184 be dedicated as right-of-way on the plat and not recorded as a roadway easement under a separate document. 6.0 REVIEW OF SUBDIVISION PLAT 6.1 The subject property has been combined into one parcel for tax purposes. The underlying land consists of 6 lots (Lots 1, 2, 3, 18, 19, and 20, Block B, Twin View), platted in 1925, and the applicant desires to replat the 6 lots into 1 lot and 1 outlot. City Code requires a re-platting when creating new lots. 6.2 Lot 1, Block 1, of the proposed Twin Lakes Addition would be a 1.2-acre lot (and the possible future site of the Metro Transit park-and-ride facility, if approved). The 3.83- acre outlot will be for a future redevelopment and would require future re-platting in order to allow structures on the premises. 6.3 The City Code requires a 12-foot-wide utility and drainage easement centered on the outer boundaries of the new lots, but no easements are necessary adjacent interior lots. PF08-039_RPCA_090308.doc Page 2 of 3
6.4 A review of the right-of-way necessary for Cleveland Avenue concluded that an additional 10 must be dedicated on the plat. 6.5 Dedication of the 10 foot wide strip of land identified in Document No. 1511814 7.0 STAFF COMMENTS/RECOMMENDATION 7.1 The City has concluded Quit Claim Deed 1511814 deeded the Village/City land necessary for Iona Lane and Mount Ridge Road. These land areas are NOT easements and thus cannot be VACATED. As such, the property line for the northern boundary of the Outlot and Lot 1 must be moved south 10 feet and the property line for the east boundary of Lot 1 and Outlot 1 must be moved west 10 feet to be consistent with the property conveyance of Document No. 1511814. 7.2 The City Code requires a 12-foot-wide drainage and utility easement to be provided on the periphery of the subject property through the platting process. This 12-foot-wide easement shall be provided adjacent the revised northern lot line of Outlot 1 and Lot 1, adjacent the revised east property line of Lot 1 and Outlot 1, and adjacent to the south and west property lines of Outlot 1. 7.3 The Planning Division recommends approval of the PRELIMINARY PLAT, subject to the following conditions: a. The PRELIMINARY PLAT shall be revised to account for the change in land area based upon Quit Claim Deed 1511814 and that the 10 foot wide strip be dedicated to the City for right-of-way purposes. b. The applicant shall provide all necessary and required utility and drainage easement as required by the City Code. c. The applicant shall dedicate 10 feet of width for Cleveland Avenue the full length of the Outlot. d. The re-platting of Lots 1, 2, 3, 18, 19, and 20, Block B, Twin View may require park dedication consistent with State Statutes 462.358 and 1103.07 of the Roseville City Code. The applicant shall work with the Park and Recreation Department on determining whether such a dedication or payment in lieu of land dedication is required. 8.0 SUGGESTED ACTION By motion, recommend approval of the PRELIMINARY PLAT for the Cent Ventures II and the property at 2750 Cleveland Avenue, based on the comments and conditions of Section 7 of the project report dated September 3, 2008. Prepared by: Attachments: City Planner Thomas Paschke A: Area map B: Aerial photo C: Quit Claim Deed 1511814 D: Applicant Narrative E: Preliminary Plat/Easement Vacation PF08-039_RPCA_090308.doc Page 3 of 3
Attachment A: Location Map for Planning File 08-039 2770-2800 CLEVELAND AVE N 2750 2680-2700 2690 Location Map 1947 Prepared by: Community Development Department Printed: August 22, 2008 Site Location Comp Plan / Zoning LR / R1 Designations Data Sources * Ramsey County GIS Base Map (8/4/2008) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to 0 100 200 Feet arise out of the user's access or use of data provided. mapdoc: planning_commission_location.mxd defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which PRIOR AVE N
MILLWOOD AVENUE W Attachment B: Aerial Map of Planning File 08-039 CLEVELAND AVE N Location Map Prepared by: Community Development Department Printed: August 22, 2008 Site Location Data Sources * Ramsey County GIS Base Map (8/4/2008) * Aerial Data: Ramsey County and Martinez Corp (4/2006) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 50 100 Feet
Attachment C