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Home My WebLink About7. Vacation of Easements within Evergreen Heights-Ord. No. 799-Res. No. 6780 CITY OF SHAKOPEE ~ Memorandum CASE NO.: 08-022 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Vacation of Easements within Evergreen Heights MEETING DATE: June 3, 2008 REVIEW PERIOD: March 5 -July 3, 2008 INTRODUCTION The City of Shakopee has received a request from Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, to consider the vacation of easements within Evergreen Heights. Please see Exhibit A for the property location. Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has requested a vacation of easement for property located on Lot 2, Block 1, Evergreen Heights, adjacent to Balsam Trail. There presently is a 10 foot drainage and utility easement around the perimeter of this lot, and the property owner is requesting the vacation of that portion of easement along the southwesterly portion of property to allow for the construction of a maintenance building. Evergreen Heights Townhomes Limited Partnership has submitted an application for preliminary and final plat to combine a triangular shaped parcel they acquired from MNDOT with property in the Evergreen Heights subdivision; thereby negating the need for that portion of the existing easement. The applicant has worked with City staff and Shakopee Public Utilities Commission (SPUC) on the proposed easements submitted with the plat application of proposed Evergreen Heights Second Addition. DISCUSSION The Planning Commission has reviewed this request and has recommended approval of the vacation by a 5-0 vote. The staff report is attached for the Council's information. ALTERNATIVES 1. Approve Resolution No. 6781, a resolution of the City of Shakopee approving the vacation of easements within Evergreen Heights. 2. Deny the proposed vacation. 3. Continue the public hearing. 4. Close the public hearing and table the request to allow staff or the applicant time to provide additional information. ACTION REQUESTED Offer a motion to approve Resolution No. 6781, and move its ado Mark Planner II RESOLUTION N0.6781 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING EASEMENTS WITHIN EVERGREEN HEIGHTS WHEREAS, it has been made to appear to the Shakopee City Council that some easements within Evergreen Heights serve no public use or interest; and WHEREAS, the easements to be vacated are legally described as: That portion of the drainage and utility easement, as dedicated in the plat of Evergreen Heights, that begins at the southwest corner of Lot 2, Block 1, and runs easterly a distance of 143.38 feet at a bearing of S 80 degrees, 3S minutes 58 seconds West, and then runs southerly for a distance of 80 feet at a bearing of N 09 degrees, 24 minutes, 02 seconds West. WHEREAS, the Shakopee Planning Commission considered the request at its meeting of May 22, 2008, and recommended approval with conditions to the City Council; 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 Shakopee at 7:00 P.M. on the 3ra day of June, 2008; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY 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 of the City's easement interests hereinafter described is in the public interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the public easements described are vacated subject to the following condition: a. The applicant will need to dedicate all easements as required by City Code and the City Design Criteria, including drainage and utility easements adjacent to that portion of easement along the southwesterly portion of property, with the Evergreen Heights 2"d Addition preliminary and final plat application. 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 day of , 2008. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk CITY OF SI3AKOPEE Memorandum CASE NO.: 08-022 TO: Shakopee Planning Commission FROM: Mark Noble, Planner II SUBJECT: Vacation of Easements within EVERGREEN HEIGHTS MEETING DATE: May 22, 2008 REVIEW PERIOD: March 28 -July 25, 2008 SITE INFORMATION: Applicant: Gregory McClenahan, Evergreen Heights Townhomes Limited Partnership Location: Evergreen Heights Subdivision, adjacent to Vierling Drive Existing Zoning: Medium Density (R-2) Residential Zone Adjacent Zoning: All adjacent zoning is Medium Density (R-2) Residential Zone, except for adjacent Highway 169 to the South Comp. Plan: Residential MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location and Zoning Map Exhibit B: Proposed Plat and Exhibit Plans .INTRODUCTION The City has received a request from Gregory McClenahan, Evergreen Heights Townhomes Limited Partnership to consider the vacation of easements within the Evergreen Heights subdivision. Please see attached Exhibit B detailing the locations of the easements proposed for vacation. The applicant has also submitted an application for preliminary and. final plat approval of the subject site. Gregory McClenahan, on behalf of Evergreen Heights Townhomes Limited Partnership, has requested a vacation of easement for property located on Lot 2, Block 1, Evergreen Heights, adjacent to Balsam Trail. There presently is a 10 foot drainage and utility easement around the perimeter of this lot, and the properly owner is requesting the vacation of that portion of easement along the southwesterly portion of property to allow for the construction of a maintenance building. Evergreen Heights Townhornes Limited Partnership has submitted an application for preliminary and final plat to combine a triangular shaped parcel they acquired from MNDOT with property in the Evergreen Heights subdivision; thereby negating the need for that portion of the existing easement. The applicant has worked with City staff and Shakopee Public Utilities Commission (SPUC) on the proposed easements submitted with the plat application of proposed Evergreen Heights Second Addition. CONSIDERATIONS The City Council will hold a public hearing on June 3, 2008 to consider this vacation request. A recommendation from the Planning Commission is required for the vacation process. City, County and other outside agencies were given the opportunity to review and provide comments regarding this application. With the recent water service line relocation, and the proposed location of the easements to be dedicated as part of Evergreen Heights Second Addition, there does not appear to be a concern with the vacation of this portion of drainage and utility easement. Staff has consulted with the City Attorney regarding the timing of the vacation and pending plat approval in order to ensure that the City has the necessary easements in place at all times. The City Attorney advised that the vacation be scheduled for action at the same City Council meeting that action is expected to be taken on the Final Plat. Staff will schedule the items accordingly before the City Council. ALTERNATIVES ` 1. Recommend to the City Council the approval of the vacation, subject to the condition noted below. 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 and/or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1, recommend to the City Council approval of the vacation, subject to the condition noted below. ACTION REQUESTED Offer and pass a motion recommending approval of the vacation, subject to the following conditions. 1. The applicant will need to dedicate drainage and utility easements with the Evergreen Heights preliminary and final plat application. These easements need to be consistent with the requirements of the City of Shakopee and Shakopee Public Utilities Commission. Mark Noble Planner II h:\boaa-pc\2008\OS-22\vac evergreen 08022.doc Shakopee -Location Maps Page 1 of 1 . ~ t ~~4 1~.~ ~.5-+-•- ; -hty~~~S w" ~ 1 ; ~r.~t " t 'r i--- ~ ~ r' lj 14 I { 1 1 [__L.LI.~;:~:.C _ _d r ~ j )f j~ - 1~~ir ~~I ~F ~i~~h~~~~~~~~ J, ~ h, . ` ~,r ~ ~5~ / jf~' ~ ~b.y. ~ 7 l - A I~B~ ' 'r ~~I~~. ~ ®~ubject ~ropeatY SHAKOPEE ~p~ ~O`~'~' COFAS[JNfCYPR1DESNIC81857 S ~ W~~ B~.~i - Preliminary & Final .Plat for Evergreen Heights 2nd Addition http://gis.logis.org/shakopee/locationmap/map.asp?title=Preliminary+%26+Final+Plat+fo... 04/01 /2008 ~j' I ~ //jj'''~~~j /JJ]~"'~"~''~ /~~/JT r'''j~~~~'''''f'~~~r' 'J'JJf]~~+ ~ iD. CAST IkON 4CVWVENT ~I! JJ1i~~LJJrr 1 07 LJ .LJ 1 V L .tl~ ~ E lIf G'p?. -(u P-11.5-72•' ~'I.~~° A.~1~.~~'1~01~ / ~ ~ \ ~s pI ~ \ f ~ / ~ i .~;?snb ~'w~.i ~ ,tea per„ ~\~~I / \ o . / / ,y use yn'S ? 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SE. 521,2 HOPS' STREET Planners Prior Loke, Minnesota 55372 PRIOR LAXE, A!N 55372 ~ ~ . rat L ~ L _ V L/ 1 r \ 1 - ~ .~~r . _ ~ EASEMEN~N---- 1 Y:' . ~ ,o. 11., L.~V ! ~ r n ` ~ - ~ ~ I ~ ~ . ~ ~ ::PLY ~ ~ ~ ~ ,r ~ I*~ ~ o , SEM~NT ; `~'~c;. s%cJ °qo mil'/S - _ . ~ia~ Ea: r, , , 9~~oF~ s.s B nN f u ~ J' / ` - "E IXSANG'pRAIN~~F'~yfR6REEh~~N£IGH ~..t-.~~, ~~,o ;,~Tjo U/LO/ryG' Y ~ 7P~~ t~ '~'`F r*"~ t~ w ~ a, 1" ~ y PER TNE,, , r, , `.:,,y~~ ~ ~k~~ ~ rte. _ rF. ir+ 4 ~4 Gam., ~ ~~1D- ~ o .D Cy9i~ ~O N¢ r F~ j v ~A~~nn L V i ~ v~ I ~ o ! hereby certify that this Exhibit wos ,prepared by me or undermy direct supervision and thot am a duly Licensed Lond Surveyor under the laws of the Stote of Minnesota 20 0 10 20 ' Minnesota License Number 42309. Dated this day of 2008 SCALE IN FEET FlLE (0519 8001( 253 PAGE GREG C: /Drawings/10519-exhibit.dwg