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Report on Official Mapchanges. CITY OF HOPKINS July 1, 1986 REPORT ON OFFICIAL MAP PURPOSE: The purpose of this report is to bring the present condition of the Official Map to the attention of the City Council and to recommend BACKGROUND: The Official Map was adopted by the City Council in 1972 pursuant to the authority established and granted by Minnesota Statutes Sections 462.351 through 462.364. Twenty -four areas were designated as pro - tected areas on the map, indicating an interest by the government in possible acquisition prior to development or controlling future development to lower acquisition costs. ANALYSIS: The following areas are now on the Official Map with a description, background, present use and recommendation for each area: 1. A wooded hill area that is part of developed Westbrook Patio Homes and also the wooded hill area in Opus IX north of 10th Street South on 13th Avenue South. Interest by the City in pre - serving the natural wooded hill area if possible is reason for designation. It is presently a wooded undeveloped hill and is recommended to remain as is on the map.. 2. A wooded hill area north and northwest of Felt] Court. Reason for designation is as above. The easterly half is undesignated at present; the westerly half is being preserved as part of Oak- wood Hills development. Recommendation to remain as is on the map. 3. Two hills, one partially wooded, and a swamp lowland area in the southwestern corner of Hopkins. Interest by the City in preser- ving the natural hill areas and the lowland is reason for desig- nation. The western half is being partially preserved by Oak- wood Hills development. Recommendation to change map to show this approved development. The eastern half is part of the ap- proved St. Therese development and recommendation is that it should be removed from the map. 4. A strip of land across the southerly half of the closed city landfill from 650 to 925 feet south of the centerline of 7th Street South. This strip was designated as a buffer strip be- tween the industrial zoning to the north and the residential zoning to the south. The landfill is presently on the Cities' list of surplus property and is being offered for sale. A por- tion of area 4 is being leased to short term leaseholds. Area 4 and the landfill area south of area 4 were rezoned from R -6 to I -1 in March of 1986. Recommendation is to remove the designa- tion as the City presently owns and controls the site and can control thereon. Council Rept. tt 113 OFFICIAL MAP PAGE 2 5. A strip of land, now 5th Street South, from 7th Avenue South to 10th Street South from llth Avenue South to 13th Avenue South. Presently a completed stretch and recommendation to remove from map. 7. A strip of land, now the platted north side of 5th Street South from 16th Avenue South to 17th Avenue South. Presently a com- pleted street and recommendation to remove from map. 8. An area of two homes and a hill that intrude into the southeast corner of Hilltop Park. This area was placed on he official map to hold the area from development in case the city wished to ac- quire it from future Hilltop Park expansion. Presently there are two homes on the northerly 2/3 of the area which have no street access, only unimproved alley access. One of these houses had severe fire damage several years ago and probably received a build- ing permit to repair in violation of the Official Map regulations. The southerly 1/3 is an unimproved hill area, presently being off - ered for sale. The Park Commission in the past has expressed an interest in expansion of Hilltop Park and recommendation is to leave the area on the map. 9. An area of three homes north of the Library on llth Avenue North. This area was placed on the map to control development in the down- town area. Recommendation is to leave the area on the map. 10. An area that has been developed by Taits' Super Valu store and Richards' Liquor Store together with a City parking lot to the south. This area has been fully developed, permits issued in violation of the Official Map regulations and recommendation is to remove the area from the map. 11. Old Post Office site on 9th Avenue South. Placed on the Official Map perhaps before City ownership of the property. It is now a developed parking lot owned and controlled by the City and recom- mendation is to remove the area from the map. 12. An area north of the Elks Club building on 8th Avenune South. This area was probably placed on the map to control the development of the downtown area. The southerly 2/3 is now a parking lot for the Elks building and the northerly 1/3 is undeveloped yard area. This is all privately owned land, subject to future development and recom- mendation is to leave it on the map. 13 -15. Areas around the intersection of new CSAH #18 and State Highway #7. These areas were placed on the map to prevent development of the area which would increase the right -of -way cost when constructing those highways. This area is completed and recommendation is to remove the area from the map. 16. Undesignated. 17. Lowland and floodplain in and around Minnehaha Creek south of State Highway #7. Placed on the map to control development in the area. Present use is unchanged and recommendation is to leave the area on the map. 18 -21. Areas around the intersection of CSAH's #3 and #20. Placed on the map to control development prior to construction at that intersection. This is now a completed intersection and recommendation is to remove the area from the map. 22. An area between 5th & 7th Streets South west of CSAH #18. This area was placed on the map to control construction prior to CSAH being con- • OFFICIAL MAP PAGE 3 structed. The westerly strip of this land has been constructed as 2nd Avenue South and recommendation is that it should be re- moved from the map. The southerly strip of land has received Zon- ing and Planning and Council approval for construction of an office building. Permit cannot be issued for this building without Council hearing as per requirements of the Official Map regulations. Recommendation-is to remove the area from the map. 23. An area in the southeast corner of Hopkins, part city owned parkland, part green area of Westbrook Condominium Apartment, part of 20 acre site owned by Steiner & Koppelman. Recommendation to leave area as is on the map. 24. An area south of 7th Street South and west of CSAH #18. This area was placed on the map to control construction prior to CASH #18 being constructed. The westerly strip of land has been developed as 2nd Avenue South and recommendation is to remove the strip from the map. The northerly strip of land has been developed as Share Clinic, per- mits being issued in violation of Official Map regulations. As this is a developed area, recommendation is to remove it from the map. 25. A strip of land being the abandoned railroad right -of -way of the Burlington Northern north of 2nd Street N.E. This area was placed on the map to control development of the abandoned right -of -way. As no development has taken place to date, recommendation is to leave the area on the map. ALTERNATIVES: 1.. Leave map as is 2. Refer to Zoning and Planning for review and recommendation as to above recommendations and as to adding new parcels (Maetzold Field, etc.) RECOMMENDATION: Alternative No. 2 is recommended. It is also recommended that the ordinance be revised to require that the Official Map be registered on the property records of the parcels affected by the map so developers, purchasers, owners will have notice of property being on the Official Map. Attached: Copy of existing ordinance. G don P. Anderson , rector of Engineering 4z) .44( fo) pat ,,. OLtAi 0444y AIL 73 Section 375100 (1973) . ection 375 - Official Max Regulations Section 375 /,uthoriti for Officio,]. Maps and Plans. This ordinance and all amendments thereto are adopted pursuant to the authority established and granted by Minnesota Statutes, Sections 462.351 through 462',364. Section 375105. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance and the following words and .terms, wherever they occur in this ordinance, are defined as follows: Subd, 1, "Municipality" means the City of Hopkins. Subd. 2. "Planning Agency" means Hopkins Planning and Zoning Commission. Subd. 3. "Platting Authority" means the Council of the City of Hopkins or any other agency responsible under statute, charter or ordinance for the approval of plats of land within the City of Hopkins or within its area of platting control. Subd. 4. "Comprehensive Plan" means a compilation of policy statements, goals, standards and Maps for guiding the physical, social and economic development, both private and public, of the City of Hopkins and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. A comprehensive plan represents the planning agency's recommendations for the future development of the community: Subd. 5. "Land Use Plan" means a compilation of policy statements, goals, standards and maps and action programs for guiding the future development of private and public property within the City of Hopkins. The terms include a plan designating types of uses for the entire munici- pality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses or any combination of said uses. Subd. 6. "Transportation Plan or Thoroughfare Plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development and function of various streets and highways in the City and environs, including mass transit, railroads, air trans- portation, trucking and water transportation, and route and other similar transportation facilities and routes. Subd. 7. "Community Facilities Plan" means a compilation of policy statements, maps and action programs for guiding the future development of the public or semi- public facilities of the municipality such as recreational, educational, cultural and governmental facilities. Subd. 8. "Capital Improvement Program "`means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year or other time periods, together with their estimated costs, the justification for such improvements, the impact that such improve- ments will have on - the current expense of the municipality and such other information concerning capital improvements -- which - may be desirable. Section 375120. Reference to Planning Commission. Any proposed official map or any proposed amendment or change thereof shall be referred to the Planning Commission for study and recommendation thereon, and such recom- mendation shall be submitted to the City Council within sixty days after such reference by the Council to the Commission. The Planning Commission may on its own motion submit proposed maps or changes thereto to the City Council at any time. If after reference to the Commission by the Council hereunder, no recommendation is received by the Council from the Planning Commission within sixty days after such reference, the City Council may take such action as it may deem proper upon any such proposed official map or amendment without further action by the Planning Commission, Section 375:25. Notices and Hearings, The City Council, upon receiving any recommendation .from the Planning Commission as hereinabove set forth, or at any time after sixty days from the date of any referral of any proposed change or map by the Council to such Commission without receipt of any recommendation thereon from such Commission, may consider such proposed change at any regular or special meeting of the Council. If a majority of the members of the Council are in favor of such proposal, a public hearing shall be held thereon at any regular or special meeting of the City Council, notice of which public hearing shall be given by a publication thereof once in the official newspaper not less than ten or more than thirty days prior to the date of such hearing and such notice shall further be mailed not less than ten days prior to such hearing to all persons appearing on the records of the Hennepin Couty Auditor to be the owners of property affected by such proposed map or change. Such mailing shall be made by regular mail addressed -to the last known address of each such owner. In lieu of such mailing, such notices may be served upon any such owner in the same manner as service -of process in any civil court action. Failure or inability to serve or mail any such notices shall not invalidate the proceedings. Proof of any service shall be by affidavit. Such notice shall include the time and•place of the public hearing, a general description of the property affected, and a general statement of the nature and purpose of the hearing. A copy of the published notice •as hereinabove set forth thus served or mailed shall be sufficient. Any such hearing may be continued from time -to time not exceeding sixty days from 73 Section 375 (1973) Subd. 9, "Official Map" means a map adopted in accordanoe with this ordinance and the laws of the State of Minnesota. Section 375110. Initiation of Proceedings. Proceedings for adoption, amend- ment or repeal of an official map or of any part thereof may be initiated by a recommendation from the Planning Commission, action of the City Council on its own initiative, recommendation of an Advisory Commission, request of an outside governmental body or other public agency, or petition of fine or more persons owning three or more affected parcels of property. Section 375815. Sketch Maps and Reports, All proposals or requests for proceedings for official r ps, or amendments, or changes thereto, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served prior to any hearing thereon. The City Council may request a report of the City Engineer as to the feasibility of any construction involved, and the City Planner shall submit a written report on the effect of the proposal on the comprehensive plan. • 1 Section 375:30 (1973) the original hearing data without further publication, mailing, or service. At any such public hearing, the City Council shall receive evidence and hear arguments concerning any such proposed map or amendment thereto. A final vote on any such proposal shall be taken by the City Council not later than the first regular meeting thereof following the final adjournment of the public hearing thereon. Section 375130. Maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition boundary lines on the ground. In unplatted areas, a minimum of a central line survey shall have been made prior to the preparation of the final draft of the official map. The 'ccuracy of the future acquisition boundary lines shown 1 the official maps shall be attested to by the Hopkins City Engineer. After adoption, amendment or repeal of an official map, a certified copy of the official map or sections thereof with a copy of the adopting, amending or repealing ordinance attached shall be filed with the Register of Deeds as provided in Sections 462.351 to 462.364 of Minnesota Statutes Annotated. Section 375135. Effect of Official Map Adoption. After any official map including any amendment thereto has been adopted and filed as provided in the above Section 375:30, the issuance of all building permits by the City of Hopkins shall be subject to the provisions of this ordinance. The official responsible for issuing building permits shall deny all applications for permits to erect new buildings or to expand existing buildings within any area identified or set aside on such official map or any future public use or purpose, unless such application and permit is for an erection, addition or alteration to be completed in not more than twelve months from the date of such permit and the total cost of which shall not exceed $5,000.00. The issuance of any permit so granted shall not impair or in any way change or amend the full force and effectiveness of the official map. Whenever any street or other thoroughfare is established, constructed, widened, or otherwise improved or whenever any interest in any land for any other public purposes is acquired by the City or any governmental subdivision, within the limits of any area identified or set aside upon said official map to be used for future public purposes, such governmental subdivisions shall not be required in any acquisition proceedings to pay for any buildings, structures, or other improvements which were erected, placed, altered, or improved thereon without a building permit or in violation of any condition in any permit. The adoption of an official map or any amendment thereto does not transfer to the municipality or other public governmental subdivision any right, title, or interest to any areas identified or set aside thereon for public purposes. The adoption of such map, plan, and any amendments thereto does hereby authorize the municipality or other governmental subdivision to acquire interests therein for public purposes without paying compensation for any buildings, structures, improvements, or alterations erected in any such areas without a building permit or in violation of any condition or conditions contained in any building permit pertaining to such areas, Section 375 : Appeals. Whenever an application for any building permit is denied pursuant to this ordinance, the applicant may appeal from such denial to the City Council. The City Council shall hold a public hearing on such appeal at any regular or special meeting of the City Council, notice of which hearing shall be made in the same manner as set forth in Section 375 :25 of this ordinance in connection with public hearings on the official map. 73 • • (a) That the entire tract owned by the appellant by a denial of its use of that portion thereof for public purposes pursuant to the official map, cannot yield a reasonable return to the owner unless such building permit is granted, and (b) That balancing the interest of the municipality in the preservation of the comprehensive plan established by the official map against the interest of the owner of the property in his proposed use thereof, the granting of such building permit is requires by the considera- tions of justice and equity, or the acquisition of such property pursuant to the comprehensive plan shall be commenced forthwith. If the appellant prevails and his application for a building permit is granted, its issuance shall not impair the full force, intent, and effectiveness of the official map. If the City Council denies the issuance of such permit, the political sub- division shall within six months from the date of such denial by the Council to institute proceedings in eminent domain or otherwise to acquire the land or interest therein set aside for public use upon the official map and if no such proceedings are commenced within said time, the officer responsible for issuing building permits shall issue the permit if the application there- for otherwise conforms to all other pertinent ordinances. The building official shall specify the exact location, ground area, type of construction, and other details necessary for the construction of the building for which the permit is granted all within the provisions of the various statutes and ordinances pertaining thereto. 73 Section 375140 (Cont.) (1973) The City Council may grant such building permit upon evidence presented to it as followes