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VII.3. Preliminary and Final Plat Review for Hennepin County Regional Rail Authority (HCRRA) Downtown Hopkins Plat; Lindahl August 2, 2021 City Council Report 2021-073 Preliminary and Final Plat Review Hennepin County Regional Rail Authority (HCRRA) Downtown Hopkins Plat Proposed Action: Staff recommends the following motion: • Move to adopt Resolution 2021-037, approving the preliminary plat for the HCRRA Downtown Addition, subject to conditions. • Move to adopt Resolution 2021-038, approving the final plat for the HCRRA Downtown Addition, subject to conditions. Overview The applicant, Hennepin County Regional Rail Authority (HCRRA) requests preliminary and final plat approvals to dispose of excess right-of-way (ROW). The subject properties run from Excelsior Boulevard (CASH 3) to 9th Avenue North in Downtown Hopkins. The applicant proposes to plat the properties as outlots and retain some parcels while conveying most to Hennepin County Transportation, the City of Hopkins or adjacent private property owners. HCRRA proposes to plat and dispose of this excess ROW at this time because this corridor segment is no longer needed for future transit or transportation. Based on the findings contained in this report, both the Planning & Zoning Commission and staff recommend approval of the HCRRA Downtown preliminary and final plats. Primary Issues to Consider • Background • Community Comment • Subdivision Review • Alternatives Supporting Documents • Site Location Map • Applicant’s Narrative • Preliminary Plat • Final Plat • Resolution 2021-037 Preliminary Plat • Resolution 2021-038 Final Plat • Community Comments _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2021-073 Page 2 BACKGROUND Hennepin County Regional Rail Authority (HCRRA) requests preliminary and final plat approvals to dispose of excess right-of-way (ROW). The subject properties run from Excelsior Boulevard (CASH 3) to 9th Avenue North in Downtown Hopkins. The properties are part of an abandoned railroad corridor from Hopkins to Victoria that HCRRA purchased from the Chicago North Western Transportation Company in 1981. Three Rivers Park District operates the Lake Minnetonka Regional Trail within this corridor. In 2018, the City completed reconstruction of 8th Avenue South into the 8th Avenue Artery which includes a new cycle track trail segment connecting the Lake Minnetonka Regional Trail, Dowtown Hopkins, the Minnesota River Bluffs Regional Trail and the future Downtown Hopkins Light Rail Transit Station. With the Artery complete and the Southwest Light Rail Transit project well underway, the remaining portion of this corridor is no longer needed for future transit or transportation purposes. COMMUNITY COMMENT The Planning & Zoning Commission reviewed this item (Planning Application 2021-10) during their July 27, 2021 meeting. Prior to the public hearing, the City received one email comment (see attached) from Norman Arthur and Pamela Deerwood concerning maintenance of the regional trail. City Planner Lindahl stated that the trail will not be affected and Three Rivers Park District will continue to maintain the regional trail corridor. During the meeting, the Commission heard a presentation from staff and held a public hearing that produced one comment. Andy Barber of 117 – 10th Avenue North asked about the gravel driveway on the property at 27 – 8th Avenue North and whether that would be part of this project. Michael Noonan with Hennepin County stated that he would talk with Mr. Barber after the meeting to get more details about his question. After some general discussion of the proposal, the Planning & Zoning Commission approved a motion recommending the City Council approve the preliminary and final plat requests. SUBDIVISION REVIEW Subdivision approvals are considered quasi-judicial actions. As such, 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, the subdivision application should be approved. The City also has the authority to add conditions to an approval that are directly related to the application. Standards for reviewing subdivision requests are outlined in Chapter 100 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. Preliminary and Final Plat Design. Hennepin County Regional Rail Authority owns several parcels along the abandon Chicago North Western Transportation Company railroad corridor that runs from Excelsior Boulevard (CSAH 3) to 9th Avenue North in downtown Hopkins. The applicant proposes to plat the properties as outlots and retain some parcels while conveying others to Hennepin County Transportation, the City of Hopkins or adjacent private property owners. City Council Report 2021-073 Page 3 According to the City’s Subdivision Regulations, Outlots are a parcel of land, included in a plat, which are: • Smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; • A parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; • A parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities or other similar purposes. An outlot is unbuildable and no permits to construct upon or improve an outlot may be issued. Platting the properties as outlots will allow them to be conveyed to the adjacent property owners; however, the adjacent property owner will be required to re-plat and combine the outlot with their existing property prior to any future development. The table below lists each outlot and who it will be conveyed to. HCRRA DOWNTOWN HOPKINS Outlot Size Resulting Owner A 6,660 Sq. Ft. City of Hopkins B 210 Sq. Ft. Kathleen Klugman C 4,470 Sq. Ft. HCRRA D 970 Sq. Ft. City of Hopkins E 9,250 Sq. Ft. HCRRA F 4,590 Sq. Ft. City of Hopkins G 14,390 Sq. Ft. City of Hopkins H 4,580 Sq. Ft. City of Hopkins I 3,560 Sq. Ft. A, E & M Prperties J 10,410 Sq. Ft. City of Hopkins K 8,120 Sq. Ft. City of Hopkins L 340 Sq. Ft. City of Hopkins M 15,120 Sq. Ft. Sixth Avenue Properties (Gene Maxwell) N 6,520 Sq. Ft. City of Hopkins O 31,100 Sq. Ft. Walser Real Estate, LLC (Walser Chrysler Dodge) P 12,220 Sq. Ft. Chrisprop-TTTT, LLC (Town Terrace Apartments) Q 24,940 Sq. Ft. Hennepin County Transportation R 1,120 Sq. Ft. Hennepin County Transportation Streets and Access Standards. Outlots A, F, H, K, L, and N will be conveyed to the City and remain part of the right-of-way for the corresponding streets. Outlots D and G will also be conveyed to the City and continue to be used as alleys. No access changes will result from any of the property transfers. Park and Open Space Standards. Given the subject properties will be platted as outlots and many will continue to be used as public right-of-way, the City of Hopkins may not collect park dedication fees as part of this plat. However, the outlots that will be conveyed to private property owners may be subject to future park dedication should those owners choose to re-plat and combine their property for future development. City Council Report 2021-073 Page 4 ALTERNATIVES 1. Vote to approve the Preliminary/Final Plats. By voting to approve the preliminary/final plats, the applicant will plat these parcels and convey them to the adjacent property owners as detailed in this report. 2. Vote to deny the Preliminary/Final Plats. By to deny the preliminary/final plats, the applicant will not be allowed to plat these parcels and convey them to the adjacent property owners as detailed in this report. Should the City Council consider this option, it must also identify specific findings that support this alternative. 3. Continue for further information. If the City Council finds that further information is needed, the items should be continued. Site Location Map for HCRRA Downtown Hopkins Addition Subject Properties Preliminary and Final Plat Application of HCRRA DOWNTOWN HOPKINS The Hennepin County Regional Railroad Authority (HCRRA) submits a preliminary and final plat application for the plat titled “HCRRA DOWNTOWN HOPKINS” for property that runs from Excelsior Boulevard (CSAH 3) to Ninth Avenue North in downtown Hopkins. This property is part of an abandoned railroad corridor from Hopkins to Victoria that HCRRA purchased from the Chicago North Western Transportation Company in 1981. With the Southwest Light Rail Transit project currently under construction, it is known that this corridor segment is not needed for future transit or transportation purposes. Three Rivers Park District operates a trail on this corridor that begins at 8th Avenue North. The trail will not be impacted by the proposed plat or disposition of property by HCRRA. Accordingly, HCRRA board resolution no. 20-HCRRA-0022 declared the property surplus in April 2020. The plat will be used to sell portions of the corridor to adjacent property owners and the City of Hopkins. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2021-037 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE HCRRA DOWNTOWN HOPKINS ADDITION WHEREAS, an application for preliminary plat were submitted by the Hennepin County Regional Rail Authority (HCRRA); and WHEREAS, the procedural history of the application is as follows: 1. That applications for preliminary plat was submitted by the HCRRA on June 23, 2021; 2. That the Hopkins Zoning & Planning Commission, pursuant to mailed and published notice, held a public hearing to review such applications on July 27, 2021: 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 attached to this resolution as Exhibit A; and 5. That the Hopkins Planning & Zoning Commission reviewed this application during their July 27, 2021 meeting and recommended approval by the City Council, subject to conditions; and 6. That the Hopkins City Council reviewed this application during their August 2, 2021 meeting and agreed with the findings of the Planning & Zoning Commission. WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated August 2, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the preliminary plat for the HCRRA Downtown Hopkins Addition based on the findings of fact detailed in the staff report dated July 27, 2021, subject to 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 2nd day of August, 2021. By:_________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk Exhibit A – Legal Description That part of the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying within Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955. AND That part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 117, Range 22, also being part of Lot 26, Auditor's Subdivision No. 242, Hennepin County, Minnesota, lying within Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955. AND That part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying northeasterly of the northeasterly line of Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record In the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955, and southwesterly of a line 22.58 feet northeasterly of and parallel with the center line of the main track of the Chicago and North Western Railway Company as referenced in Doc. No. 3838198. AND That part of the Northwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying northeasterly of the northeasterly line af Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and In the office of the Registrar of Titles In and for Hennepin County, Minnesota as Doc. No. 4685955, southerly of the south line of Excelsior Avenue (now known as Mainstreet), as depicted in said Hennepin County Regional Railroad Authority Property Map No. 1 and southwesterly of a line 22.58 feet northeasterly of and parallel with the center line of the main track of the Chicago and North Western Railway Company as referenced in Doc. No. 3838198. AND That part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 117, Range 22, also being part of Lot 26, Auditor's Subdivision Na. 242, Hennepin County, Minnesota, lying within Hennepin County Regional Railroad Authority Property Map No. 12, an file and af record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5518920 and in the office of the Registrar af Titles in and for Hennepin County, Minnesota as Doc. No. 4688062, lying northwesterly of a line drawn parallel with and distant 25.00 feet southeasterly af the following described line: Commencing at the southeast corner of said Section 24; thence northerly along the east line of said Section 24 a distance of 953.32 feet to the point of beginning of the line being described; thence westerly deflecting to the left 112 degrees 38 minutes 17 seconds for a distance of 780.00 feet and said line there terminating. (Said line referenced in Tract 15, Parcel 1 of Doc. No. A10621894) CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2021-038 RESOLUTION APPROVING THE FINAL PLAT FOR THE HCRRA DOWNTOWN HOPKINS ADDITION WHEREAS, an application for final plat were submitted by the Hennepin County Regional Rail Authority (HCRRA); and WHEREAS, the procedural history of the application is as follows: 1. That applications for final plat was submitted by the HCRRA on June 23, 2021; 2. That the Hopkins Zoning & Planning Commission, pursuant to mailed and published notice, held a public hearing to review such applications on July 27, 2021: 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 attached to this resolution as Exhibit A; and 5. That the Hopkins Planning & Zoning Commission reviewed this application during their July 27, 2021 meeting and recommended approval by the City Council, subject to conditions; and 6. That the Hopkins City Council reviewed this application during their August 2, 2021 meeting and agreed with the findings of the Planning & Zoning Commission. WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated August 2, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the final plat for the HCRRA Downtown Hopkins Addition based on the findings of fact detailed in the staff report dated July 27, 2021, subject to the following conditions: 1. Conformance with all requirements of preliminary plat. Adopted by the City Council of the City of Hopkins this 2nd day of August, 2021. By:_________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk Exhibit A – Legal Description That part of the Northwest Quarter of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying within Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955. AND That part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 117, Range 22, also being part of Lot 26, Auditor's Subdivision No. 242, Hennepin County, Minnesota, lying within Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955. AND That part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying northeasterly of the northeasterly line of Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record In the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and in the office of the Registrar of Titles in and for Hennepin County, Minnesota as Doc. No. 4685955, and southwesterly of a line 22.58 feet northeasterly of and parallel with the center line of the main track of the Chicago and North Western Railway Company as referenced in Doc. No. 3838198. AND That part of the Northwest Quarter of the Southeast Quarter of Section 24, Township 117, Range 22 lying northeasterly of the northeasterly line af Hennepin County Regional Railroad Authority Property Map No. 1, on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5404251 and In the office of the Registrar of Titles In and for Hennepin County, Minnesota as Doc. No. 4685955, southerly of the south line of Excelsior Avenue (now known as Mainstreet), as depicted in said Hennepin County Regional Railroad Authority Property Map No. 1 and southwesterly of a line 22.58 feet northeasterly of and parallel with the center line of the main track of the Chicago and North Western Railway Company as referenced in Doc. No. 3838198. AND That part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 117, Range 22, also being part of Lot 26, Auditor's Subdivision Na. 242, Hennepin County, Minnesota, lying within Hennepin County Regional Railroad Authority Property Map No. 12, an file and af record in the office of the County Recorder in and for Hennepin County, Minnesota as Doc. No. 5518920 and in the office of the Registrar af Titles in and for Hennepin County, Minnesota as Doc. No. 4688062, lying northwesterly of a line drawn parallel with and distant 25.00 feet southeasterly af the following described line: Commencing at the southeast corner of said Section 24; thence northerly along the east line of said Section 24 a distance of 953.32 feet to the point of beginning of the line being described; thence westerly deflecting to the left 112 degrees 38 minutes 17 seconds for a distance of 780.00 feet and said line there terminating. (Said line referenced in Tract 15, Parcel 1 of Doc. No. A10621894) From:John Arthur To:Jason Lindahl Subject:[EXTERNAL] HCRRA Corridor Public Hearing July, 27, 2021 Date:Monday, July 26, 2021 6:25:33 PM Hello Mr. Lindahl, Pamela & I are very concerned about the proposed changes to the HCRRA Corridor. Our concern is that the sections of the Lake Minnetonka Regional Trail will cease to exist, or be degraded by the change in ownership. What guarantees are being put in place to help ensure that the regional trail will continue exist and be maintained, if any? Could the section of the existing trail from 8th Avenue to 9th Avenue, be sold to Three Rivers Park District and remain intact? We are worried about the trees lining that segment of the trail and hope they remain intact and conserved as a natural type area. The trailhead at 9th Avenue N. and First Street N. should also be kept intact, and not converted to some other use. Could the section from The Depot Coffee House/ Excelsior Blvd. to 8th Avenue be purchased and also be converted to recreational trail? Thank you for your consideration, Norman J. Arthur & Pamela M. Deerwood 102 8th Avenue N. Hopkins, MN 55343 952-931-0819