HomeMy WebLinkAbout7.A. Vacation of a 15-foot portion of a 20-foot Drainage and Utility Easement at 590 Citation Drive-Res. No. 6550
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-088
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Planner I
RE: Vacation of a IS-foot portion of a 20-foot drainage and utility easement at 590
Citation Drive
DATE: February 6, 2007
INTRODUCTION
Consulting Management Construction, Inc, representing McCarthy Well Company has filed an application
requesting the vacation of a 15-foot portion of a 20-foot drainage and utility easement. The applicant is
requesting the vacation to allow the placement of a 2nd building 5-feet from the rear property line.
At the January 4,2007 meeting of the Planning Commission the Conditional Use Permit request for multiple
structures was approved, and the building materials variance was denied.
This request was postponed from the previous City Council meeting at the applicant's request because the
applicant notified staff they were researching additional information to provide City Staff. At the time of
writing this report City staff has not received any additional information or plans.
The Planning Commission considered the recommendation of the request at its December 7, 2006 meeting,
and by a 3-2 vote the planning commission recommended denial of the request. The applicant and two
commissioners offered that since two-previous vacation requests on adjacent parcels had been approved in
2001, this request isreasonable. Planning staffs position is that a second building could be located in a
different area on the site without being located in the drainage and utility easement.
Engineering staff have recommended denial of the request based on drainage issues in this area and that
vacating a substantial portion of the easement would further hinder the City's ability to extend utilities in the
future and limit the ability for equipment to work in the area to improve drainage issues in the future.
The Public Works Director has visited the site and strongly recommends denial of the vacation request
because of site specific issues in regard to elevations. Approving the request would limit the ability of
equipment to operate in the area because the proposed building would be in close proximity to the railroad
tracks. The City of Shakopee does not have easement rights over the rail road spur in the area of this.
proposed vacation, thus eliminating the possibility of extension of utilities or ability to work on existing or
future drainage issues if the vacation were to be approved.
A copy of the staff report to the Planning Commission, which includes a resolution denying the request, is
attached for the Council's reference.
ALTERNATIVES
1. Approve Resolution No. 6550, a resolution of the City of Shakopee denying the request for vacation
ofa 15- foot portion of a 20-foot drainage and utility easement.
2. Continue the public hearing.
3. Direct staff to prepare a resolution approving the vacation request.
4. Close the public hearing and table the request to allow staff or the applicant time to provide
additional information.
ACTION REQUESTED
Offer Resolution No. 6550 approving denial of the vacation request.
h:\cc\2007\02-06\V AC _ McCarthy.doc
RESOLUTION NO. 6550
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING THE VACATION OF
15-FEET OF A 20-FOOT DRAINAGE AND UTILITY EASEMENT AT 590 CITATION DRIVE
WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility
easement on the south side of Lot 5, Block 1 Canterbury Park 1 st Addition serves a public purpose; and
WHEREAS, said plat delineates 20-foot drainage and utility easements on each lot line of Lot 5, Block
1, Canterbury Park 1 st Addition; and
WHEREAS, a public hearing to consider the action to vacate was held in the Council Chambers of the
City Hall in the City of Shako pee at 7:00 P.M. on the 6th day of February, 2007; and
WHEREAS, two weeks published notice was given in the SHAKOPEE V ALLEY NEWS and posted
notice was given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,
the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin
board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the
public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
That it finds and determines that the vacation hereinafter described is not in the public interest;
That the drainage and utility easement described above serves a public purpose;
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with
the County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held the 6th day of
February, 2007.
Mayor of the City of Shako pee
ATTEST:
Judith S. Cox, City Clerk
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To The Honorable Shakopee City Council:
Dear Councilmen,
My brother and I own and operate McCarthy Well Co located at 590 Citation Dr in Shakopee. We
would like to expand our facility at this location, however, partial vacation of an easement is
necessary to locate a new building where it will leave adequate distance from our existing building
for maneuvering large trucks, trailers & other equipment. The City's zoning ordinance requires no
building set back along the rail spur on south side of our property, however, in order to be consistent
with the easement vacation granted in recent years to Quality Forklift immediately to the east, we
have modified our original plan to provide a 51 set back also.
The engineering staff report suggests there is a drainage problem in this area which is news to us. If
there is a problem, it appears to be on the south side of the rail spur. In any event, the new building
is designed to direct all runoff to the north, away from the railroad tracks as is the case presently. I
have attached a few aerial photographs of our property and the surrounding buildings.
I will be available. through Thursday 12/14 if you would like to meet with me on the site and discuss
our plans further. I will be out of town 12/15 - 12/23, but you can contact my brother Tim McCarthy
at 952-854-5333 tim@mccarthywell.com, or Paul Anderson of CMC at 763-509-9155
panderson@cmc-mn.col!"
We hope our request gains your approval and look forward to expanding in Shakopee. Thank you
for your consideration!
Sincerely,
Mike McCarthy
Vice President
McCarthy Well Co
612-865-0576
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-088
TO: Shakopee Planning Commission
FROM: Kyle Sobota, Plamler I
SUBJECT: Vacation of a portion of drainage and utility easement in Canterbury Park 1 sl .
Addition.
MEETING DATE: December 7, 2006
REVIEW PERIOD: October 26, 2006 - February 23,2007.
SITE INFORMATION:
Applicant: Consulting Management Construction, Inc.
Location: 590 Citation Drive
Existing Zoning: Heavy Industrial (I-2)
Adjacent Zoning: All adjacent zoning is Heavy Industrial (1-2)
Compo Plan: Industrial
Acreage: 2.132 acres
MUSA: The site is within the MUSA boundalY.
Attachments: Exhibit A: Location and Zoning Map
Exhibit B: Site Plan
Exhibit C: Applicant Narrative
Exhibit D: EngineeringStaffMemorandulTI
Exhibit E: Proposed Building Site Plan
INTRODUCTION
The City Council has received a request from Consulting Management Construction, Inc, representing
McCarthy Well Company to consider the vacation of a .15- foot portion of a 20- foot drainage and utility
easement. The applicant is requesting the vacation to allow the placement of a 2nd building 5-feet from
the rear propel1y line. A conditional use pennit application has been filed with the City and approval
of this vacation request would be required in order for the conditional use permit to continue as
proposed. See the attached exhibits for area proposed for vacation.
CONSIDERATIONS
The City Council will hold a public hearing on December 19, 2006 to consider this vacation request. A
recOlmnendation from the Plmming Commission is required for the vacation process.
City, COlmty and other outside agencies were given the opporhmity to review and provide comments
regarding tins application. The City Engineering Depmiment has recommended denial of the request.
Please see the attached Exhibit D for engineering staff comments.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation.
2. Recommend to the City Council the approval of the vacation subject to conditions.
3. Recommend to the City Council denial of the request.
4. Table the decision to allow staff or the applicant time to provide additional infonnation.
STAFF RECOMMENDATION
Staff recommends Alternative No.3, recommend to the City Council denial of the vacation.
ACTION REQUESTED
Offer and pass a motion recommending denial of the vacation. 7;Litl)
"k.yle Sobota
Planner I
h:\boaa-pc\2006\I 2-07\ V AC_ McCarthy_ 06088.doc
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PROPOSED EASEMENT
VACATION EXI-IIBIT
DESCRIPTION ,OF PARCEL: N
Lot 5, Block 1, CANTERBURY PARK 1ST ADDITION, Scott County, Minnesota
DESCRIPTION OF PROPOSED EASEMENT VACATION:
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That port of the drainage and utility easement over, under, and through Lot ,5, Slack 1.
CANTERBURY PARK 1ST ADDITION, Scott County, Minnesota, os shown on the recorded plot
thereof, described os follows: The northerly 15 feet of the southerly 20 feet of that port of
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1_ _ CENtERI.INE OF RA11.R0AO tRACKS
. GENERAL NOTES . .'-- -_.. This drawing has berr checkedond
l. For thepUfpOSt! or lhls-sut'vsy. the east line 0' lot S. reviewed this 'Zen do)' 01 '
Illock I, CANTERBURY PARK 1ST ADDI1ION ho. on o.....m.d oc:/{;,8w: , 20~
b.arlng 0/ 5.39'08'57"E_ by ...,"'" I...IV
2. The address or the obove property. 590 Cilotion DrIve,
Shokop.., IAn. 55379. JOB BOOK NUMBER: 149-3
nEW BOOK: 658L PAGE: 51
r REVISIONS '" , CER TIFICATION '" CLIENT
~ ~~~O~!L~~q~~ 15050 23rd Avenue Nor1h NO. DATE BY CK'O I hereby certify that this survey was
Plymouth, Mlnne,ola 55447 1 prepared under my supervision and that CMC, INC.
T 763-748-1600 F 763-746-1699 2 I am a Licensed Land Surveyor under the
554 Third Slleer NW, Suite 100 3 lows of the State 01 Minnesota. 9905 45TH AVE. NO~
Elk River, Minnesota 55330 4" <7f;j/J lv' W~
T763-241-o10B F 763-241-8351 5 PLYMOUTH, ,MN. 55442
www,schoellmedson.com 6
, TRAVIS W. VAN NESTE.
DRAWN BY: TWvN j \.. Dote:ZO 0(;1' a{, License No. 44109'...; SHEET NO. 1 or 1
S.M.I~, PROJECT NO: 62982-005
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Consulting Management Construction, Inc.
McCarthy Well Site
590 Citation Drive
Narrative for
Application for Vacation of Easement
October 23,2006
TMKP Properties, Inc. is the owner of the property at 590 Citation Drive in Shakopee. In
1998 they constructed a 9,200 square foot facility to accommodate the McCarthy Well
Company. McCarthyWell has been a family owned business since it was founded in 1860
and is the nation's oldest company ofits type.
The aerial photograph below represents the existing conditions and use of the site.
990545th Avenue North, Suite 210 · Plymouth, MN 55442 · Phone: 763.509.9155 · Fax: 763.509.9154
www.cmc~mn,com · email: info@crnc~mn.com. License# 3507
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Request for Vacation of Easement
The Owner of the property plans to construct a new 16,800 sq. ft multi-tenant office/warehouse
building near the south end of the site. The proposed building would be located five feet from the
railroad right-of-way. Even though the City zoning requirement for side and rear yard setback from a
railroad right-of-way in the Heavy Industrial (1-2) zone is 0 feet, there is an existing 20-foot drainage
and utility easement along the south property line. Therefore, the owner is requesting a vacation of 15
feet of the existing 20-foot easement along the south (rear) property line that abuts the railroad right-
of-way.
The adjacent building to the east was granted a 15~foot vacation of easement in 2001 to allow
construction of an addition within five feet of the railroad right-of-way. The adjacent building to the
south, across the railroad right-of-way, is built within five feet of the railroad right-of-way.
Though the city engineering department in the past has identified drainage problems along the railroad
tracks, this property drains to the north - away from the railroad right-of-way. This drainage pattern
would be maintained with the proposed new building. Also, the railroad bed along this property is
stable and shows no signs of erosion, The photograph below shows the existing railroad bed along the
south property line of this property.
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City of Shakopee
Memorandum
TO: Kyle Sobota, Planner I
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Fifteen (15) Feet of Twenty (2 eet of Drainage and Utility
Easement to Accommodate a Proposed Building
PID NO.: 27-144005-0
CASE NO.: 06088
DATE: November 9, 2006
The application indicates a request to vacate a portion of an existing drainage and utility
easement along the southernmost property line of the above referenced property. The vacation
request is to accommodate a proposed building.
Recommendation:
After reviewing the above referenced application, the engineering department has detennined the
vacation of the existing drainage and utility easement and the future construction of a building
within five (5) feet of the property line may negatively impact existing drainage patterns and the
potential for future utility installation.
Therefore, the engineering department recommends denial of the vacation request.
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H:IEMPLOYEE FO LDERSVSwenleklSl.ff,Reviews\ V aeatelCase, Number,06088, Vaeate,Easements (590 Citation Dr),doe
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