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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 i Planning Commission report Resolution III I I I I i I I I I I 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 i �I i Scott County, MN GO RD 101 E FE()I`4TAf73F Rr 551 05 3 915] it 51,31 5125 _j 1177 1157 5771 r tip�7 55A —HiNY 163�— am A 1452 11-3 '—�o-,q 5331 1031 Z 1415 This drawing is neither a legally recorded map nor a survey and is not Map Scale N intended to be used as one.This drawing is a compilation of records, information,and data located in various city,county,and state offices,and I inch= 904 feet other sources affecting the area shown,and is to be used for reference I + purposes only.Scott County is not responsible for any inaccuracies herein W E 17 a,t contained.If discrepancies are found,please contact the Scott County Map Date Surveyors Office. 9/1312013 S /SCOU 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. Sep 03,2013-9:58am-User:250 L\OPU5\OPU19421\dwg\Survey\19421-15T ADD E5MT VAC EXBT.dwg D o m - z { m O O z Z 7J --ice � m _ m `VgU LFE) H \ `0 OU g D z C) ` L m m o >V,Ai?a S TO^ AID D o OHICgGo` 81GHkgY Ho. 'o! I NORTH °a N o y z I I I NNOVgrI lv Ss DIV \ a E; BLVD �o o I RAI(Kgy 1 1 m I { 'D fD I 5 m 0 r' n D < > ti cn _ I z � v F o m I t?_'. i W ra � " I <(D I u ri Dz (D (') D O �, I g O m 0 ^. (D I s r C� r B p�L, Y fNDU LevgRD SOU'if DOO rt < r-1rt Ol t�ii L7 •• o � 04 VALLEY PARK II m a FIRST ADDITION 1 �j M o ` N 0 (D• n'1 INNOVATION BLVD rt x OUTLOTB z a- o �+ Z c 0 .ALLEY PAR . �IRTEENTH ADDITION C (D I N co N I-s ' 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. 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