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Home My WebLink About15.D.1. Request from SPUC for Waiver of Criteria to Allow Minor Subdivision CITY OF SHAKOPEE IS: O~ / . Memorandum CASE LOG NO.: TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request from Shakopee Public Utilities Commission (SPUC) for Waiver of Criteria to Allow Minor Subdivision. MEETING DATE: September 16, 2003 INTRODUCTION: SPUC has submitted a request for waiver of lot size and street frontage criteria to allow the creation oflots that would contain wells 15, 16, 18, and 19. (See attached letter from Joseph D. Adams dated September 9, 2003) DISCUSSION: SPUC has a policy preferring that the Commission own property on which its facilities are located. For that reason, the Commission seeks to create lots for the above-identified wells. Because of the zoning on the subject property, these lots could not meet zoning ordinance criteria. As a result the Commission is requesting that the Council waive these requirements. The other alternative to selling the land to SPUC is to enter into either a permanent or long-term lease agreement. Following is at least a partial listing of some of the advantages and disadvantages of each approach from a City Perspective. Advantages Disadvantages Sale of Parcels to * Could result in * Removes City control over SPUC revenue property that is within a City- * Relieves City of possible owned park Liability for occurrences * Ifthe City wished to re-acquire On the sites them in the future, it could be at Additional cost Lease of Parcels to * City retains control of * May result in some City liability SPUC land within the park for occurrences on the sites * Could result in lease revenue Staff cannot recall another situation where the requirement for frontage on a public street has been waived. The use agreement between the City and the Commission has not been finalized and executed yet. Should the Council accede to the request to waive criteria, thereby ,...,. \ "", .1"'\ 1"\ I"V'"II \ nn. ...,.-, C"1"nt.T T,-, 1 1 allowing the creation oflots for SPUC ownership, staff believes that it is advisable for the agreement to be executed first. ALTERNATIVES: 1. Offer and approve a motion approving SPUC's request for waiver ofthe City's lot size and frontage requirements, on the condition that minor subdivision requests not be approved unless and until the agreement between the City and SPUC is executed. 2. Offer and approve a motion directed city staff to negotiate a lease arrangement with SPUC, rather than allowing the creation of new lots by means of the minor subdivision process. 3. Provide staff with other direction. 4. Table the matter and request additional information. STAFF RECOMMENDATION: Staff recommends Alternative No.2, direct staff to negotiate a lease agreement with SPUC for the sites for wells 15, 16, 18, and 19. REQUESTED ACTION: Offer and approve a motion directing city staff to negotiate a lease arrangement with SPUC, rather than waiving the criteria related to lot size and frontage, that would allow the creation of new lots by means of the minor subdivision process. ~4d/~--/ R. Michael Leek Community Development Director ,..., '''''''''''''''^^''''''I''\'' ., r\C"lT-t,TT,..., 1 ,.. SHAKOPEE PUBLIC UTILITIES COMMISSION September 9, 2003 William Mars, Mayor W~E; ~90 2~a3~ m City of Shakopee 129 Holmes Street South By Shakopee,~ 55379 ::::: =--- Re: Waiver to lot size and road frontage for SPUC pump houses Honorable Mayor Mars and Council Members: The Shakopee Public Utilities Commission (SPUC) is re~esting waivers to lot size and road frontage standards for lots needed as part oftheir 17 Avenue well field master plan. The plan includes sites for 5 wells and 3 pump houses. The sites having pump houses will require subdivisions and conditional use permits. The two sites with only submersible wells do not require to be subdivided, however easements are needed for access and service purposes. See the attached map. Two of the pump house sites (pump house #15 and #18) are on property zoned AG, which has a minimum lot size of 40 acres. Pump house #15 is on the Sunpath Elementary School property and only requires a lot size of 0.65 acres. Pump House #18 is on the eastern edge of the city park next to the proposed parking lot and requires a lot size of 0.27 acres. With the waiver to the 40-acre lot size, SPUC will proceed with their application to rezone the lots to RIB. The proposed lot sizes and building setbacks conforms to the RIB standards. The RIB zone is similar to the surrounding properties and the smaller lots minimize the impact to the school district and city property. SPUC has submitted applications to rezone and subdivide pump house #15 on the Sun path Elementary School property and is in the process of preparing an application to rezone and subdivide pump house site #19 on the City Park property. This was necessary after negotiations with the Shakopee Area Catholic Schools (SACS) broke down. A waiver allowing lots to be subdivided without having public road frontage is needed for two of the proposed pump house sites. Pump houses #16 and #19 are on city park property and will not have public road frontage. Access to the sites will be via parking lots and access easements. Public frontage is not necessary since no person is stationed at 1030 East Fourth Avenue · Shakopee, Minnesota 55379-1899 · (952) 445-1988 · FAX (952) 445-7767 ~ r Page 2 SPUC Waiver Letter September 9,2003 the site and service calls are infrequent. The requested waiver to public road frontage would allow the sites to be administratively subdivided. However, both sites will require public hearings for a conditional use permit to construct the pump houses. SPUC has been working with the neighboring residents in the location and design of the pump houses. The Shakopee Public Utilities Commission appreciates the Council's attention to this matter and looks forward to completing the planning process so water service can be available in a timely manner. os ph D. Adams Planning and Engineering Director Copy to: Lou Van Hout, Utilities Manager - , I ~ , ~ ~ " 'J I I _-L-__~~'\ V r---, 1- 1 ~ I! i -r r. -[ '" : :l.' 5l ii, I ' I .. :! 0 II -~.--=r- . /=1 !L; i .-LJ~1 I ...~ ~ L.oLL- ' l : .-::-?'':~_:1j:::.,:-<;' - -j,..o,-"" ..,,;::i~=-=+=- -~.'--~~-=-~~~')II ~..~ i I .' FI"''' \~ """.,--&..-[---' ""t' A.: ".f. '\-""~.~'<<'~.''"'..''.,,~' ! I . I I ~~;r'HOv5E: s~r....'l t>1:~: fJ I :i! .t. ~ I' ....., ,....... .---~ (' Ii' i! 1" ,,<,. "" I I' , OJ :...,,----1 ':' ["1 ,.., (I f rl~'~~'\\ ~ I, g I ::AR" I i'l :. '"". :' ". 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