Item Coversheet

5.B.


Shakopee Planning Commission Meeting
October 5, 2023


FROM: Mark Noble, Senior Planner 
TO:Planning Commission
Subject:
Vacation of Public Drainage & Utility Easements within the OPUS MVW plat
Policy/Action Requested:
Recommend adoption of Resolution R2023-116, a resolution approving the vacation of the public drainage and utility easements as dedicated within the OPUS MVW plat.
Recommendation:
Approve the action requested.
Discussion:
Woolpert, Inc., applicant and representative of J & J Minneapolis, LLC (property owner), has requested vacation of public drainage and utility easements located within the OPUS MVW plat, which would allow for creation of a more viable lot for new construction. Presently, the SanMar building is located on this property. They have recently replatted the property to allow for a new buildable lot to the east of the SanMar building, north of Unbridled Avenue and west of Canterbury Road (as part of the J & J Minneapolis plat). Staff is presently working with them on the layout and construction of that building to ensure compliance with all City Code and SPU requirements. A condition of the J & J Minneapolis plat approval was for this vacation to occur, with new easements to be dedicated within the J & J Minneapolis plat.

A public hearing is set for the October 17, 2023 City Council meeting. Support by the Planning Commission of this request is recommended by City staff, with that recommendation forwarded to the City Council for inclusion in their Oct. 17th action.

Engineering has provided a memo with conditions of approval, should the Commission and City Council support the request. It was their condition of approval of the J & J Minneapolis plat that required this vacation, with the requirement that new easements be provided with that J & J Minneapolis plat at time of recording.

Shakopee Public Utilities (SPU) provided comments, stating that dedicated electric and water utility easements to SPU are to remain and would require SPU Commission approval for vacation. The platted D/U easements do not appear to contain SPU facilities and can be vacated. If existing SPU facilities do exist in the vacated D/U easements, SPU requires new easements to be dedicated around those facilities per their policy.
ATTACHMENTS:
Description
Resolution R2023-116
Site Aerial
Easement Vacation Sketch - North/South Storm
Easement Vacation Sketch - West/East Storm
Applicant Narrative
Engineering Memo