CR 07-006 Vacate Alley/Street-Excelsior Crossings
C\TY OF
December 27,2006
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Council Report 07-6
HOPKINS
VACATE ALLEY/STREET - EXCELSIOR CROSSINGS
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 07-4. approving Ordinance 07-
979. vacating parts of the north-south alley and First Street for the Excelsior Crossings
development.
At the Zoning and Planning meeting Ms. Newcomb moved and Ms. Aristy seconded a motion to
adopt Resolution RZ06-40, recommending approval of Ordinance 07-979, vacating parts of the
north-south alley and First Street for the Excelsior Crossings development. The motion was
approved unanimously.
Overview.
Opus Corporation has purchased the former SUPERV ALU North Annex. Opus is proposing to
construct an office development. The development will be three office buildings from 5 to 7
stories. The proposed total area is approximately 740,000 square feet, and construction is planned
in three phases. The preliminary concept was approved earlier this year. There will also be a small
retail area on the east side of the site.
The site was rezoned to an overlay zoning of Planned Unit Development (PUD) with the approval
of a master plan. The PUD zoning allows flexibility with the underlining zoning. With the
rezoning to PUD there will be an agreement with specific parameters on how the site will be
developed. It is anticipated that the site will be developed in three phases. The applicant is
requesting site plan approval for all three buildings.
As part of the proposed development, a portion of the north/south alley and First Street North will
have to be vacated.
Primarv Issues to Consider.
· What is the zoning of the property, and how has the Comprehensive Plan designated
the subject site?
· Is the alley/street needed for a public purpose?
· What is the staff recommendation for the vacation?
· What were the responses from the utility companies regarding the vacation?
· What was the discussion at the Zoning and Planning meeting?
SUDDortin!! Documents.
· Analysis of Issues
. Resolution 07-4
· Ordinance 07-979
M
Nancy S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR07 -6
Page 2
Primarv Issues to Consider.
. What is the zoning of the property, and how has the Comprehensive Plan designated the
subject site?
The zoning of the property is Business Park with an overlay zoning of Planned Unit Development.
The Comprehensive Plan designation is Business Park.
Is the alley/street needed for a public purpose?
The public works department reviewed the proposed vacation and determined that the alley/street to
be vacated is not needed for a public purpose. A new access to Jackson will be constructed just
south of the last building and will be dedicated as a public right-of-way.
What is the staff recommendation for the vacation?
Staff is recommending approval of the vacation.
What were the responses from the utility companies regarding the vacation?
CenterPoint Energy and Time- Warner Cable have responded and have no objection. Qwest has a 2-
4 inch PVC form St. Louis Street to Second Street N.E. on Jackson on the west side. If this is part
of the vacation, an easement must be granted.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed vacation. No one appeared at the public meeting regarding
this issue.
Alternatives.
1. Approve the vacation of the alley and street. By approving the vacation, the applicant will be
able to construct the development as proposed.
2. Deny the vacation of the alley and street. By denying the vacation, the applicant will not be able
to construct the development as proposed. If the City Council considers this alternative,
findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 07-4
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING THE V ACA TION OF AN ALLEY AND STREET
WHEREAS, an application for Vacation V AC06-3 has been made by Opus Northwest
LLC;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a vacation of the alley was made by Opus Northwest LLC
on November 27,2006;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and
published notice, held a public hearing on the application and reviewed such
application on December 26, 2006: all persons present were given an opportunity
to be heard;
3. That the written comments and analysis of City staffwere considered; and
4. Legal descriptions of the alley and street to be vacated are as follows:
FIRST STREET NORTH TO BE VACATED
That part of First Street North lying east of the west line of the East 16.00
feet of Lots 14 and 15, Block 4, WEST MINNEAPOLIS CENTER,
Hennepin County, Minnesota, extended southerly and lying west of a line
drawn southerly from the intersection point of the north line of said First
Street North and the west line of Jackson Avenue to the most northwesterly
corner of Parcel 34C, CITY OF HOPKINS HIGHWAY RIGHT OF WAY
PLAT NO.1, Hennepin County, Minnesota, which is on the south line of said
First Street North.
ALLEY TO BE VACATED
That part of the Alley in Block 4, WEST MINNEAPOLIS CENTER,
Hennepin County, Minnesota, lying south of the westerly extension of the
north line of Lot 11 in said Block 4 and north of First Street North.
NOW, THEREFORE, BE IT RESOLVED that the application for vacation V AC06-3 is
hereby recommended for approval based on the following Findings of Fact:
1. That the above-described alley and street is not needed for a public
purpose.
BE IT FURTHER RESOLVED that application for vacation V AC06-3 is hereby
recommended for approval based on the following conditions:
1. That the site plan is approved.
2. That the preliminary/final plat is approved.
3. That the new access to Jackson Avenue is platted as a public right-of-way.
Adopted this 2nd day of January 2007.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2007-979
ORDINANCE V ACA TING AN ALLEY AND STREET
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public street and alley in the City of
Hopkins, namely:
FIRST STREET NORTH TO BE VACATED
That part of First Street North lying east of the west line of the East 16.00 feet of Lots 14 and 15,
Block 4, WEST MINNEAPOLIS CENTER, Hennepin County, Minnesota, extended southerly
and lying west of a line drawn southerly from the intersection point of the north line of said First
Street North and the west line of Jackson Avenue to the most northwesterly corner of Parcel
34C, CITY OF HOPKINS HIGHWAY RIGHT OF WAY PLAT NO.1, Hennepin County,
Minnesota, which is on the south line of said First Street North.
ALLEY TO BE VACATED
That part of the Alley in Block 4, WEST MINNEAPOLIS CENTER, Hennepin County,
Minnesota, lying south of the westerly extension of the north line of Lot 11 in said Block 4 and
north of First Street North.
be vacated as a public street and alley.
First Reading:
January 2, 2007
Second Reading:
January 16,2007
Date of Publication:
January 25, 2007
Date Ordinance Takes Effect:
January 25, 2007
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date