HomeMy WebLinkAbout6.A. Public Hearing on the Vacation of Public Drainage and Utility Easements at 1109 Stagecoach Road - Caselog #14-026 Res. No. 7467 Public Hearings 6. A.
SI AKOPFE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Senior Planner
DATE: 07/15/2014
SUBJECT: Public Hearing on the Vacation of Public Drainage and Utility Easements at 1109
Stagecoach Road- Caselog#14-026 - Res. No. 7467 (B)
Action Sought
Cherne Contracting Corp. is requesting that the City Council review and approve their request to
vacate public drainage and utility easements.
Introduction
Cherne Contracting Corp. has submitted an application for vacation of a drainage and utility
easement on Lot 1, Block 1, Superior Supply First Addition, 1109 Stagecoach Road(see plat plan
and location map).
Background/Discussion
Cherne Contracting Corp. was approved for a Conditional Use Permit to expand their building
and exterior storage area. The proposed expansion of the building would be located over an
existing drainage and utility easement, which has not been used, nor are there plans to use it in the
future. A public hearing is set for Tuesday, July 15, 2014. On this date, comments from staff
members and outside agencies, as well as a recommendation from the Planning Commission, will
be presented to the City Council for consideration. The Planning Commission will have
considered the request at its July 10, 2014 meeting. Publication in the Valley News was provided
with the requisite 10 day public hearing notice at this time.
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 the City
Finance Department, SPUC, and City Engineering. The Finance Dept. noted that there is a
pending assessment of$92,049.57 for the East Industrial Sewer Improvement, SPUC noted that
any changes, additions or expansions to the project will require the applicant to contact them to
discuss service connection requirements, and that any utility lines located in the proposed vacated
easement will need to be relocated as the applicant's expense. Engineering noted that all
perimeter easements shall remain.
Alternatives
1. Approve the vacation request, subject to retaining the required drainage and utility easements
as per City of Shakopee Engineering Department requirements, and relocating any utility lines
located in the proposed vacated easement, as per 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 July 10, 2014 meeting, and by a 7 - 0
vote, they recommended Alternative No. 1; recommend to the City Council the approval of the
vacation, subject to retaining the required drainage and utility easements as per City of Shakopee
Engineering Department requirements, and relocating any utility lines located in the proposed
vacated easement, as per SPUC's requirements.
Action Requested
Approve Resolution No. 7467, a resolution approving a vacation of public drainage and utility
easements on Lot 1, Block 1, Superior Supply First Addition, and move its adoption.
Attachments: Aerial and Easement Sketch
Applicant Narrative
Easement Vacation sketch
Easement Description
Engineering Memo
Resolution
F
V)
. • (-A
., , ... .. ... .
4.! ..f.:. , 6 •-1:4_;_• ••,...„.
['..
i•1 --. i• j1:.c•,1
.; 4-
I
/ -Eke I;..-,--g,-ii:
..t:., ,' -1-. 7:.. . ;''" ,`•ii t;6
0,,,—,......
c‘i Li)05
, Ct
g.6 ,•••-__•.,„=„: i; ;:i-i 1--__:.
;
'it-;•J;.- ft` 4:-it <-
,
..L.3 i II-'''; •' I t I:it V ° ''' co o
0 i ', t■:----- /—"-`-'—''Th."' L,.; L7 Z Z'''
1 '": . '/:,. ,•.-.:.',"'d $1.•.," fl ',.-3;_:.z,
LI 61 ,
;, . ... .... ,
•
'•
.--'''' ...;•••::::.''':
:,-•:' • .
i• ... _,... •
..,...--- • . . ,
• -—. •
- • ,.../•'0 ••-• •' • .• .
• ---..,-,....t.--' ..c.,s ••, ' f., . .
,', - 7 -, -. - „..r. „,..,....„, ...., ,, • .:-• .• v: •
- ----• ••-e,‘ • '.k .
_ •, • ,-.N74. ' •
4.•-• • ,
'f , '' .-.•;• .
t-Lor
; ..
• • ••••;:- ',
•-4-1,
....
._ -:4400."..-.-:•• .• •1■4
. .. .. ,
.•
0 I• . .• ,.. ,, ,
0
• . .... , , .
• , •
4..). .
---,. - --' iL.' '' '••• .,. ii
••• ., . ,.
, '....:,',. ';4'-: . -''' . .A7'....' .•-.
.
'1/442; ,,,'2.+2y,., . 2 ,
„ . .
• e•
1
. .' ' , ., • ..
. , , . , , ...., • .
. ' ,i,S7.;.- ■ . . . '
.'.•:,...7•-
',.'`' r ' •
• .,'....7,,, '''•••:- I '''''. '7%;'..:7',','77.,. „V', '.-
-..,' . • ,. ,,..,....,.. ,ii.. .
t.
•... '''''''''''' ...-,,.-',",:*,:4-"''' ' .' . . [,,°.: 4%-.,%**,..;,,--- . 'It'' ''*'''l ' '
, ., , ' ... .., _
,. , ... . ..
-
----.•. . .
[ . 4-.....„.,-... c.T., • ...
- , ,• ,... .:i 5. . ..., .....
.„.. ..
.,.. .
I. ., - .....• ,..1,,,,, E-4 '''- .-";,.. -,-;,..i. .;.: . ... , -
, - • . . ...
_
...• „.. , , •
• 0
... .... .._
,•
• ., .. .,,,,,. ._
_
. ... . ,.,... ..... . „.. ..,
.. , .. , . .._,
. .. ,:v ,,
' •-"•• V
. ,, . .•..,,, .•..
. •■■•••' ,
1 .. . —..,". ..,: .... ."• . 1 r:64 CLJ
... . ..,... , . . :..-, . ..
r.:LI
. -41•••••,--; .': •-•___.:.--.• . .--'' ';',,-,'" ct p,
... . ...4,4,,,,,,,e;47:::.• V.... -__;____-,---.•.-: . .........,„:7,_-• .., .. •-4 •••=i
,.. . ... ...,. . 4,
; ' 2 . '. 2 22 2... .2 2 2'' ,'7*.'.4.:-...ii.„4--,1*'. .., ... di,' ' .4 V)
. .
a I UV, t
..,..._.,... ,..., ..,
ili!
l
i . ..
: . '__,,.- ' - . -.. • ,..
-- „ -,„,. , . ''."----.•., 2
irN.:.4-:-.,...-.:;'..-.-_.,:,-- : '• I •• • 1.-• • • •• ' • ' ' •.*;
... •-?„. •
•-•,.-..,______3,.....,• ••;;;•,•
:.,tiPttilLiii-5t)111-1 t -.- -- - Zi
°o i' Pr'#
@. -pp 3
3n $FdSf'
u
8 1-_s B; < `"a e iii ..
8 V:21.1
Big i 9 2 7; t
_ %a a' i 2w ��. ass,# :::: i.00h ;:-
`l
a 1
C.:1 liti . 1{ d5` 5a / I h I s:ca
7 d'd / I 3
e Int . " g I m 1,1
IA r, I °w i F` 2 € 3 3
'-- __ / SJ°df'3N°Y/J°Ll.Yi°W/e.ylPw.yl. I — n 4, c : V
/ / ,I G i ° ` s
i 14/... I o". I ° E�i'�
try & • a o
v I C. �/ I A y a g! t i��
V I / I ai i ..l< w c= < k 1 „
I
o / 0 1 1 W
I- VI �rf 4 / .f 3_��aN ;a€��am 1
1 /!....?';$.� e a,'/// air: '
// $* h I to 5`„ agiPF g �.
Q /(' •° // v / 208€ • gxH�"< 1,LI
O /� o II ��4 a N;Z gm4
: - / W I 1 m 2 F r 1111,4.7.::=..-° c�tet ol �
Z •
V : e;€ sa .4.
I ~39s n 's .3.2▪1', // a i e • s S
T
r--:. //� "X y °, "/' (., i 4”:'-' _ 'LErE €: `<N Dry z_ •NJ
73 ° tl
z\� / } \,S r 0
� d :"` it-:,., " °>9▪'
;: 2°11 l 4 -�'.":N I� 4, 9€.~ 1.01 a� 1. q.t.!x= i
Superior Supply— Expansion Plan 2014
Location:
1109 Stagecoach Road
Shakopee, MN.
Contact onsite:
John Malotky @ 952-944-4451
Vacation of Easement Application
A drainage easement is currently shown on an August 1980 Superior Supply
"First Addition" plot plan as well as a Sept. 1986 Site Development from Breivik &
Reigstad, Inc. showing a partial plan of drainage easement.
The area involves a 150' x 150' plot in the southwest corner of the current
land parcel with a 529.2' x 20' drainage easement flowing north, to the north
central part of the property. The easement is shown on the attached drawings.
The topography of the current property does not allow for the runoff to
flow in the northerly direction along the 20' wide easement hence this easement
has not been in use as a drainage area. Our proposed 150' addition to the
existing warehouse will be within this easement and thus we are requesting a
vacation of the easement to allow expansion building at this site.
a
3
Q .
H
/
o
Cr
i/I
o
I 1
5119/ •u)o II
9� / •N* y LO !U N
4 o$4 Ns. i
II
a
Lisiii
y
Nal
/ CD /I
---....,„1„„Iirk______ ,o
ii
i m �-
/ E
/ oW C 1 , o
/ ° 1
0
< i I
o; /I
,^ /
1` / 1
to / /
ICC _N+3 / y -0.-/ w / L
�I � cl
o� // N
5 ,,..
v. O w.31\ o� L J F/ n � Q ^
/ `' o
- D
/ ,
F — 1--c/
11111101 /T. i�' t� _ ,c`:as
/ qua
W IN.
/ i `� ,, N. o`o
cc/ _ II ~�' 1 NCO CO Wa?
_c
LO 4
/ o o 0 0
// 1 1— •o� —444.4<1 1 N n m U c
,' ° L �J °y 1 20 a^ O °
/ / y y L 1_ ,--- yr c
W /; / oW - D b' E
w� h bZ �;. ,, 1399 ApA o
a..� --- g•E GN m q,
8. oh ^wry //���� 521019�� GE(,�P` U oar
U A
0 L--�I b Qn 5�" ,�� O
09
P /
w A °
i a = te
o °�
a 0� / W a °
yti
3 %Oa`.
c aQ oN
n
PROPOSED EASEMENT VACATION LEGAL DESCRIPTION
All Drainage and Utility Easements within Lot 1, Block 1, SUPERIOR SUPPLY FIRST ADDITION, as
dedicated on the recorded plat thereof, Scott County, Minnesota, excepting therefrom the 20
foot wide Drainage and Utility Easement around the perimeter of said Lot 1.
City of Shakopee
Memorandum
TO: Mark Noble, Senior Planner
FROM: Joe Swentek, Project Engineer
SUBJECT: Vacation of Drainage and Utility Easement
(Lot 1, Block 1 of the Superior Supply 1st Addition)
CASE NO.: 14026
DATE: June 26, 2014
The application indicates a request to vacate a drainage and utility easement set aside for the future
construction of a storm water basin and its associated outlet swale. The reason for this request is
consequent development of the property has rendered the easement unnecessary.
The engineering department has completed its review of the vacation request and offers the following
comments at this time for the applicant and for the planning department:
1. All perimeter easements on Lot 1, Block 1 of the Superior Supply 1St Addition will remain.
2. The only easements to be vacated are those shown in "green" on the attachment.
Recommendation
Should the City recommend approval of this request, the engineering department suggests the items
listed above be attached as conditions of the approval.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@ BCL@ 800D3A96\@ BCL @800D3A96.docx
RESOLUTION NO. 7467
A RESOLUTION APPROVING A VACATION OF CERTAIN PUBLIC
DRAINAGE AND UTILITY EASEMENTS IN LOT 1,BLOCK 1 OF SUPERIOR
SUPPLY FIRST ADDITION
WHEREAS, Cherne Contracting Corp. (applicant and property owner)have
made an application proposing the vacation of certain public drainage and utility
easements in Lot 1,Block 1, Superior Supply First Addition; and
WHEREAS,it has been made to appear to the Shakopee City Council that certain
drainage and utility easements on Lot 1,Block 1, Superior Supply First Addition are no
longer 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 July 10, 2014, 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 15th day of July, 2014; 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,
1. It finds and determines that the vacation of certain public of drainage and utility
easements on Lot 1, Block 1, Superior Supply First Addition hereinafter described
is in the public interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,THAT:
1. Perimeter drainage and utility easements shall remain (only that easement area
identified on the Easement Vacation Sketch, dated 6/12/14, shall be vacated).
2. Any utility lines located in the proposed vacated easement shall be relocated at
the applicant's expense.
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 ,2014.
Mayor of the City of Shakopee
ATTEST:
Julie Linnihan, City Clerk