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CR 06-038 Vacate Alley- Harrison CITY OF - March 29, 2006 HOPKINS Council Report 06-38 VACATE ALLEY - HARRISON Proposed Action Staff recommends the following motion: Move to adopt Resolution 06-23. approving Ordinance 06-962. vacating the east-west allev north of the former Surge propertv for first reading. At the Zoning and Planning meeting Mr. Aamess moved and Ms. Hatcher seconded a motion to adopt Resolution RZ06-8, recommending approval of Ordinance 06-962, vacating the east-west alley north of the former Surge property. The motion was approved unanimously. Overview The Excelsior Boulevard reconstruction between Highway 169 and Blake Road was finished last year. Excelsior Boulevard was upgraded, and this upgrading process moved the road to the south. Hennepin County purchased the properties on the south side of Excelsior Boulevard and created a landscaped buffer between the road and the abutting residential neighborhood. The former Surge property was one of the parcels purchased by the County. The only part of the property purchased by the County south of the east-west alley was property formerly owned by Surge. The County will be giving the property south of the east-west alley to the City. A plat is being prepared for the City to re-plat the two lots south of the east-west alley. The vacated alley will be added to the north lot. The plat will come before the Commission in the next few months. To include the alley in the plat, the alley must be vacated. Primary Issues to Consider · What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . Is the alley 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 Commission meeting? Supportinl! Documents . Analysis ofIssues . Resolution 06-23 · Ordinance 06-962 unC1rrw), 0tYY:l VA [)f5f'\ NanC)1f Anderson, AICP Planner Financial Impact: $ N/ A Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CR06-38 Page 2 Primary 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 B-3, General Business. The property will have to be rezoned to residential for a residential development to occur, The Comprehensive Plan has designated this site as Commercial. The Comprehensive Plan will also have to be amended for a residential development to occur. . Is the alley needed for a public purpose? The public works department reviewed the proposed vacation and determined that the alley to be vacated is not needed for a public purpose. · What is the staff recommendation for the vacation? Staffis recommending approval of the vacation. · What were the responses from the utility companies regarding the vacation? Qwest, Center Point Energy and Excel Energy have responded and do not object to the vacation. · What was the discussion at the Zoning and Planning Commission meeting? Ms. Anderson stated that the alley was being vacated to add to the abutting lot, and in the future the lots would be replatted. Eva and James Newbert of 17 Harrison Avenue appeared before the Commission. The Newberts were concerned with the future of the lots to the north of their property. Alternatives I. Approve the vacation of the alley. By vacating the alley, the property can be combined with the property to the south when the property is re-platted. 2. Deny the vacation of the alley. By recommending denial of the vacation, the alley will not be vacated. 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: 06-23 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING THE VACATION OF AN ALLEY WHEREAS, the City of Hopkins is proposing to vacate an alley; WHEREAS, the procedural history of the application is as follows: I. That the City of Hopkins is proposing to vacate an alley; 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 March 28,2006: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staffwere considered; and 4. A legal description of the alley to be vacated is as follows: That part of a l4-foot wide alley which runs in an east-west direction within Block 19, West Minneapolis Center, Hennepin County, Minnesota, according to the Recorded Plat thereof described as follows: Lying north of the north line Lot 32 of said Block 19 and its easterly extension, south of Lots 3, 4, 5, and 6 of said Block 19, east of the southerly extension of the west line of said Lot 6, and west of a line drawn 14 feet east of and parallel with the east line of said Lot 32 and its northerly extension. NOW, THEREFORE, BE IT RESOLVED that the application for vacation V AC06-2 is hereby approved based on the following Findings of Fact: 1. That the above-described alley is not needed for a public purpose. Adopted this 4th day of Apri12006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2006-962 ORDINANCE VACATING AN ALLEY THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the following described area of the following public alley in the City of Hopkins, namely: That part of a 14 foot wide alley which runs in an east-west direction within Block 19, West Minneapolis Center, Hennepin County, Minnesota, according to the Recorded Plat thereof described as follows: Lying north of the north line Lot 32 of said Block 19 and its easterly extension, south of Lots 3, 4, 5, and 6 of said Block 19, east of the southerly extension of the west line of said Lot 6, and west of a line drawn 14 feet east of and parallel with the east line of said Lot 32 and its northerly extension. be vacated as a public alley. First Reading: Second Reading: April 4, 2006 April 18, 2006 Date of Publication: April 27, 2006 April 27, 2006 Date Ordinance Takes Effect: Eugene 1. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date RARRISON AVENUE \ \ \ ~. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ " ~ '" ~ '" g (;; <:i ~ _---I --- > " \ \ \ \ \ \ \ \ \ \ \ -