HomeMy WebLinkAbout6.B. Request from Opus Development Company, LLC to vacate public drainage and utility easements - Res. No. 7371 Public Hearings
6. B.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
DATE: 10/15/2013
SUBJECT: Request from Opus Development Company, LLC to vacate public drainage and utility
easements-Res. No. 7371 (B)
Action Sought
Opus Development Company, LLC is requesting that the City Council review and approve their
request to vacate public drainage and utility easements.
Introduction
Opus Development Company, LLC has submitted an application for vacation of public drainage
and utility easements on Outlot A, Valley Park Business Center 1 st Addition.
Discussion
The easements referenced in this request(see attached plans) are being modified with the Valley
Park Business Center Second Addition; therefore, the applicant is proposing the vacation of the
current easements and will provide the new easements as requested by the City and SPUC with
the 2 nd Addition plat.
Considerations
Publication in the Valley News was provided with the requisite 10 day public hearing notice at
this time; Comments from staff members and utilities, as well as a recommendation from the
Planning Commission, will be presented to the City Council for consideration.
City departments, Scott County and other outside agencies were given the opportunity to review
and provide comments regarding this application. Planning did receive comments from SPUC
and City Engineering, and will incorporate conditions accordingly into the resolution concerning
this proposed vacation.
Alternatives
1. Approve the vacation request, subject to providing the required retaining drainage and utility
easements as per City of Shakopee Engineering Department and SPUC's requirements.
2. Approve the vacation request, subject to revised conditions.
3. Do not approve the vacation request.
4. Table the decision to allow staff or the applicant time to provide additional information.
Planning Commission Recommendation
The Planning Commission considered the request at its October 3, 2013 meeting, and by a 6 - 0
vote, they recommended Alternative No. 1; recommend to the City Council the approval of the
vacation, subject to providing the required retaining drainage and utility easements as per City of
Shakopee Engineering Department and SPUC's requirements.
Action Requested
Approve Resolution No. 7371, a resolution approving a vacation of public drainage and utility
easements on Outlot A, Valley Park Business Center 1 st Addition, and move its adoption.
Attachments: easement exhibits
location may
description& sketch
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Planning Commission report
Resolution
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RESOLUTION NO. 7371
A RESOLUTION APPROVING A VACATION OF CERTAIN PUBLIC DRAINAGE AND
UTILITY EASEMENTS IN VALLEY PARK BUSINESS CENTER FIRST ADDITION
WHEREAS, Opus Development Company, LLC (applicant and property owner) have made an
application proposing the vacation of certain public drainage and utility easeme'is in Valley Park
Business Center 1St Addition; and
WHEREAS, it has been made to appear to the Shakopee City Council that certain public of
drainage and utility easements in Valley Park Business Center 1St Addition are no 1 nger of public use
or interest; and
WHEREAS, the public drainage and utility easements to be vacated are legally described
within an attached Exhibit(Easement Vacation); and
WHEREAS, the Shakopee Planning Commission considered the request at its meeting of
October 3, 2013, and unanimously recommended approval with conditions to the City Council; and
WHEREAS, a public hearing to consider the action to vacate the public easement was held in
the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 1 th day of October,
2013; and
WHEREAS, ten days published notice was provided by publication of the notice in the
SHAKOPEE VALLEY NEWS and posted notice was provided 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, THAT:
1. It finds and determines that the vacation of certain public of drainage and utility easements in
Valley Park Business Center 1St Addition hereinafter described is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE,MINNESOTA, THAT:
1. Drainage and utility easement areas will be provided in favor of the City and SPUC prior to
recording of the proposed Valley Park Business Center 2"d Addition. The applicant is
responsible for preparation and recording of the easement document.
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 the session of the City Council of the City of Shakopee, Minnesota, held the
day of 12013.
Mayor of the City of Shakopee
ATTEST:
Julie Linnihan, City Clerk
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Description of easement area to be vacated:
Those Drainage &Utility Easements,originally dedicated on VALLEY PARK BUSINESS CENTER FIRST
ADDITION, according to the recorded plat thereof,Scott County, Minnesota,and now to be vacated,
which lie within Outlot A,VALLEY PARK BUSINESS CENTER FIRST ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 13-042
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Vacation of Drainage and Utility Easement—Outlot A, Valley Park Business
Center 1St Addition
MEETING DATE: October 3,2013
DISCUSSION
Opus Development Company, LLC,has submitted an application for vacation of drainage and utility
easement on property described as Outlot A,Valley Park Business Center 1 st Addition(corner of
Innovation Blvd. &Innovation Drive—see exhibit).
The easements referenced in this request(see attached plans) are located in the southeast corner of Outlot
A, where a stormwater pond is presently proposed, and along the north property line of Outlot A.
Modifications to the dedicated easements were required by the City to address proposed utility service
connections as part of Opus' plans for development of that property. The Final Plat of Valley Park
Business Center 2nd Addition pertains to the creation of a lot and new outlots from Outlot A, Valley Park
Business Center 1St Addition, which is necessary for Opus to seek approval to construct a new building on
that lot (Lot 1, Valley Park Business Center 2nd Addition). The 2nd Addition plat does propose new
easements, consistent with SPUC and City Engineering recommendations.
CONSIDERATIONS
The City Council will be conducting a public hearing on Tuesday, October 15, 201113. On that date,
comments from staff members and utilities, as well as a recommendation from the Planning Commission,
will be presented to the City Council for consideration.
City departments, Scott County and other outside agencies were given the opportunity to review and
provide comments regarding this application. Planning did receive comments from SPUC, and will
incorporate conditions accordingly into the resolution concerning this proposed vacation. A
recommendation from the Planning Commission is required for the vacation process.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation, subject to the dedication of
easements as recommended by SPUC.
2. Recommend to the City Council the approval of the vacation, subject to revised 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 information.
STAFF RECOMMENDATION
Staff recommends Alternative No. 1; recommend to the City Council the approval of the vacation,
subject to the dedication of easements as recommended by SPUC.
ACTION REQUESTED
Offer and pass a motion recommending approval of the vacation as presented.
Mark Noble
Planner II
h:\boaa-pc\2013\10-03\13-042 vac easements-Opus.docx
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