Agenda - Council - 01/27/2009 - Laserfiche WebLink

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-118— There has been significant discussion regarding the easement for road purposes on the proposed Outlot. The applicant was originally proposing to vacate the existing road easement leading to King's Island. This easement was originally intended to construct a road to parcels along the river on. King's Island. Staff met with representatives from the city of Anoka to discuss future plans for King's Island. It is staff's understanding that a public road from the city of Ramsey to King's Island in Anoka is no longer needed. The city of Anoka has been planning for a regional trail through King's Island, which requires a connection at the subject property in the city of Ramsey. This trail connection is part of the Mississippi River Regional Trail Northern Alignment Master Plan prepared by Anoka County Parks dated June 2007. The Applicant has now revised the application and is not requesting vacating the easement for roadway purposes. Staff requests that the existence of the easement be re- affirmed by the Applicant through the resolution adopting the final plat and the development agreement. After further review, staff is of the opinion that the easement indicated is actually dedicated right -of- way. Deed Record No. 216 of Anoka County shows a recorded document of a Deed Dedicating Roadway dated December 19, 1949 to the Township of Ramsey. Before the plat is recorded, staff requests that the appropriate right -of -way be shown on the plat. If there is a proposal to subdivide Outlot A in the future, staff notes that a secondary access separate from Rivlyn Avenue will need to be addressed at that time. There currently are four accessory structures on the proposed Outlot A. Normally, structures are not allowed to be constructed on an Outlot. Staff is supportive of the re- platting from a buildable area to an Outlot in this case. However, the Applicant would like to allow these structures to remain on the property until redevelopment of the property occurs. Furthermore, one structure is currently constructed within the easement for roadway purposes. The Applicant would also like to allow this structure to remain in its current location. Staff is generally acceptable of this request, with an agreement stating that the structure shall be removed at such a time the City will be constructing a trail through that easement in the Development Agreement. No additional structures will be allowed to be built until the area is platted. Recommendation: The Planning Commission had the opportunity to relay to the developer components of the proposed subdivision at the September 4, 2008 Planning Commission meeting. Staff recommends approval of the final plat, contingent upon compliance with the Staff Review Letter dated October 10, 2008, revised January 21, 2009, and upon entering into a Development Agreement with the City. If the applicant chooses not to show the right -of -way on Outlot A or re- affirm the existence of the easement, staff would recommend denial of the final plat. Council Action: