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VII.1. Preliminary/Final Plats – 7630 Excelsior Boulevard, Japs Olson Property; Lindahl (CR 2016-047) May 3, 2016 City Council Report 2016-047 PRELIMINARY/FINAL PLATS – 7630 Excelsior Boulevard, Japs Olson Property Proposed Action: Staff recommends the following motion: • Move to adopt Resolution 2016-40, approving the preliminary and final plats of Japs Olson Addition and accepting dedication by easement of the abutting portion of Powell Road. Overview The Japs Olson Company, located at 7630 Excelsior Boulevard, requests subdivision approval to combine and plat their existing properties into one parcel. While the subject property is located in St. Louis Park, part of this process will dedicate a portion of the abutting Powell Road to the City of Hopkins. As a result, the City of Hopkins must approve the plats. Should the City of Hopkins approve the subdivision request, the abutting portion of Powell Road will be dedicated to Hopkins. Both the Planning and Zoning Commission and staff find the proposed preliminary and final plats in conformance with the City’s subdivision standards and recommend the City Council approve this request. Primary Issues to Consider • Preliminary and final plats design • Street and access standards • Park and open space standards Supporting Documents • Resolution 2016-40 • Hopkins - St. Louis Park Municipal Boundary Line Adjustment Map • Preliminary Plat • Final Plat • City Engineer’s memo dated April 20, 2016 • St. Louis Park Resolution 16-024, approving the preliminary and final plats of Japs Olson Addition _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2016-047 Page 2 Planning Commission Action On April 26, 2016, the Zoning and Planning Commission reviewed planning application 2016- 10—SUBD preliminary and final plats of Japs Olson Addition. After hearing a summary presentation from staff, the Commission held a public hearing that produced no comment. Commissioner Warden asked how future street maintenance and assessments would work with this property. According to the City Engineer, Hopkins has a cooperative arrangement with St. Louis Park to address maintenance and assessments of roads along their common boundary, and the two communities will continue to work cooperatively to address these issues. Background The Japs Olson property at 7630 Excelsior Boulevard had the Hopkins/St. Louis Park city boundary running through the lot and building (see attached maps). Japs Olson wanted to expand their existing building in St. Louis Park and acquired the property abutting 7630 Excelsior Boulevard in Hopkins. To facilitate this expansion, Hopkins swapped its portion of 7630 Excelsior Boulevard for the properties at 8000 and 8050 Powell Road and 4103 and 4101 Texas Avenue South. This transaction was processed through an annexation that was approved by Hopkins, St. Louis Park and the State of Minnesota Office of Administrative Hearings at the end of 2015. During the subdivision and building expansion review process with St. Louis Park, it was discovered that the abutting portion of Powell Road is located within the City of Hopkins and must be dedicated to Hopkins when the plat is recorded with Hennepin County. As a result, the City of Hopkins must also review, approve and sign the Japs Olson plat. Legal Authority. Subdivision approvals are considered quasi-judicial actions. As such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements, it must be approved. Primary Issues to Consider Preliminary and Final Plat Design. Standards for reviewing subdivision requests are outlined in Section 500 of the City Code. This section of the Code details a two-step preliminary and final plats process for land subdivision. In this case the applicant requests the City review preliminary and final plats concurrently. In this case, the details of the plat were reviewed and approved by St. Louis Park on February 1, 2016 (see attached resolution). The plats indicate the applicant owns two parcels that they wish to combine into one property. The larger parcel is approximately 383,447 square feet and contains the existing Japs Olson production facility. The other parcel is approximately 84,310 square feet and includes the easement portion of Powell Road that must be dedicated to the City of Hopkins. Streets and Access Standards. The final plat includes the portion of Powell Road within the City of Hopkins. Specifically, they show a 34’ wide street and utility easement per document number 2902358. The City Engineer has reviewed the plat and recommends accepting dedication of this portion of Powell Road to Hopkins (see attached memo). City Council Report 2016-047 Page 3 Park and Open Space Standards. Given the subject property is located in the City of St. Louis Park, Hopkins may not collect park dedication fees on this plat. Alternatives 1. Approve the preliminary/final plats. By approving of the preliminary/final plats, the City will accept dedication by easement of the abutting portion of Powell Road. 2. Deny the preliminary/final plats. By denying the preliminary/final plats, the City will not accept dedication by easement of the abutting portion of Powell Road and the applicant will not be able to record the plat with Hennepin County or receive a building permit from the City of St. Louis Park. 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. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-40 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS FOR JAPS OLSON ADDITION AND ACCEPTION DEDICATION BY EASEMENT OF THE ABUTTING PORTION OF POWELL ROAD WHEREAS, an application for both preliminary and final plats were submitted by the Japs Olson Company; and WHEREAS, the procedural history of the application is as follows: 1. That applications for both preliminary and final plats were submitted by the Japs Olson Company on March 25, 2016; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the applications and reviewed such applications on April 26, 2016: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and, 4. The legal descriptions of the parcels are as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 117, Range 21, described as follows: Commence at the Northeast corner of the Quarter-Quarter; thence Westerly along the North line thereof 700 feet; thence Southerly along a line parallel with the West line of said Quarter-Quarter 642.5 feet to the center line of Excelsior Avenue; thence Easterly along the center line of Excelsior Avenue to the East line of said Quarter-Quarter; thence Northerly along said East line to point of beginning, except the West 49 feet of the Southerly 461 feet thereof. AND That part of the Southwest Quarter of the Northwest Quarter lying South and East of the center line of Powell Road; that part of the Northwest Quarter of the Southwest Quarter described as follows: Commencing at a point on the North line of the Northwest Quarter of the Southwest Quarter, 700 feet West of the Northeast corner thereof; thence South along a line parallel with the West line thereof to a point 461 feet North of the center line of Excelsior Boulevard as measured along said parallel line, which is the actual point of beginning of the tract to be described; thence North along said parallel line to the North line of the Northwest Quarter of the Southwest Quarter; thence West along said North line 185.3 feet; thence South along a line deflecting to the left 90.008 degrees to a point of intersection with a line running parallel with the center line of Excelsior Boulevard from the point of beginning; thence Easterly to the point of beginning; the Southerly boundary of said tract is marked by Judicial Landmark set pursuant to Torrens Case No. 12986, all in Section 20, Township 117, Range 21, Hennepin County, Minnesota. AND That part of the Northwest Quarter of the Southwest Quarter, Section 20, Township 117, Range 21 described as beginning at a point on the North line of said Northwest Quarter of the Southwest Quarter distant 700 feet West from the Northeast corner of said Northwest Quarter of the Southwest Quarter; thence West along said North line 185.3 feet; thence South deflecting to the left 90 degrees 00 minutes 29 seconds to the center line of Excelsior Boulevard; thence easterly along said center line to its intersection with a line drawn South, parallel with the West line of said Northwest Quarter of the Southwest Quarter from the point of beginning; thence North along said parallel line to the point of beginning; except that part thereof lying Northerly of a line drawn Westerly, parallel with the center line of Excelsior Boulevard from a point on the East line of said above described tract distant 461 feet North along said East line from the center line of Excelsior Boulevard. AND The West 49 feet of the Southerly 461 feet of the premises described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 117, Range 21 described as follows: Commencing at the Northeast corner of said Quarter-Quarter, thence Westerly along the North line thereof 700 feet; thence Southerly along a line parallel with the West line of said Quarter-Quarter 642.5 feet to the center line of Excelsior Avenue; thence Easterly along the center line of Excelsior Avenue to the East line of said Quarter-Quarter; thence Northerly along said East line to point of beginning; 5. The subject properties are located in the City of St. Louis Park and that City approved the preliminary and final plats on February 1, 2016, through Resolution 16-024. 6. That the Hopkins Planning & Zoning Commission voted to approve Planning Commission Resolution 2016-10, recommending the City Council approve the preliminary and final plats of Japs Olson Addition and accept dedication by easement of the abutting portion of Powell Road. NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves the preliminary and final plats for Japs Olson Addition and accepts dedication by easement of the abutting portion of Powell Road based on the following Findings of Fact: 1. That the preliminary and final plats conform to the requirements of the City’s Comprehensive Plan, zoning regulations and subdivision standards. BE IT FURTHER RESOLVED that applications for preliminary and final plats of Japs Olson Addition are hereby approved based on the following conditions: 1. Conformance with all requirements of the City’s Comprehensive Plan, zoning regulations, and subdivision standards. 2. Conformance with all requirements of the City Engineer. Adopted by the City Council of the City of Hopkins this 3rd day of May 2016. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk Hopkins – St. Louis Park Muncipal Boundary Adjustment Map 1 Public Works Department Memorandum To: Jason Lindahl, City Planner CC: From: Nate Stanley, City Engineer Date: April 20, 2016 Re: Powell Road Roadway Easement Conveyance As a part of the land swap between Hopkins and St. Louis Park to allow for the Japs- Olson site improvements, a portion of Powell Road along the site was transferred to the City of Hopkins. This portion of public roadway exists in an easement for street and utility purposes. Engineering staff has reviewed and determined that the current status of the roadway easement is acceptable and that it affords the City the same authorities over the roadway as if it was platted right-of-way.