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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2006-0101
DATE: December 21, 2005
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
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LOCATION: University Avenue between 37 Ave. and 40 Ave.
REQUEST: Vacation of University Ave. Frontage Road
PREPARED BY: Jeff Sargent, City Planner
Introduction
At this time, the City of Columbia Heights is proposing a vacation of the 30-foot wide
right-of-way for the frontage road located along the east side of University Avenue,
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extending from 37 Avenue N.E. to 40 Avenue N.E. Generally, the City would require
an applicant with interest in the property to request the vacation, however, there are
currently two projects underway in the area that are dependent on the vacation of this
right-of-way. City Staff felt that it would be in the best interest of both projects and in the
best interest of the general public, if the right-of-way were vacated by the city.
Planning Considerations
There are two projects in the process of receiving the necessary approvals that need
the vacated University Avenue right-of-way in order to successfully complete their
respected projects. Sarna’s Inc. is proposing a new restaurant on the southeast corner
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of University Avenue and 40 Avenue. The vacated right-of-way would give the
restaurant much needed space to accommodate on-site parking for their patrons.
Without the vacation, the entire project area would need to be reconfigured, possibly
making the project economically unfeasible. The second project is the Phase 2 for the
Ryland Home/Schafer-Richardson Development. The vacated right-of-way would
enable the proposed townhomes to gain a substantial enough setback from the
University Avenue street curb, and would also allow the installation of landscaping and
required screening.
The second component to the proposed vacation of the University Avenue frontage
road is adherence to the health and safety of the general public. The University Avenue
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and 40 Avenue intersection is currently a 5-legged intersection, and is considered a
City of Columbia Heights Planning Commission December 21, 2005
University Ave. Frontage Road Case # 2006-0101
very dangerous intersection by MnDOT. City Staff believes that removing the frontage
street in its entirety from this intersection would vastly improve the health and safety of
the public using this area.
Consistency with Comprehensive Plan
Two goals of the Comprehensive Plan in regards to transportation are to “embrace
transit as a means to improve the livability and diversity of Columbia Heights” and to
“provide for safe and efficient alternative modes of transportation”. The proposed
vacation would adequately meet these goals, as it would make the intersection a safer
place for pedestrians, improving livability, and providing a safe mode of transportation.
Findings of Fact
Zoning Code Section 9.104 (I) requires that the City Council make each of the following
findings before vacating a street, or other public alley or right-of-way:
1. No private rights will be injured or endangered as a result of the vacation.
The proposed vacation would in no waY be injurious or endangering to any
private rights. The vacation would actually be beneficial to the public, as it would
enable the construction of a new restaurant and housing within the City of
Columbia Heights.
2. The public will not suffer loss or inconvenience as a result of the vacation.
As stated previously, the proposed vacation will be beneficial to the public as it
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would make the intersection of University Avenue and 40 Avenue a safer, more
controlled intersection. The only inconvenience derived from this vacation would
be motorists who are used to traveling on the frontage road to gain access to
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properties to the south of 40 Avenue. During the construction process of the
Ryland Home/Schafer-Richardson Development, a portion of this frontage road
has been blocked off from public access. The only parties affected at this point
are the employees of ME Global. The City has contacted MR Global in regards
to this proposed vacation, and they have no problems with it as long as they are
given proper access to their site. Proper access will be given to them, with the
specifics worked out through both the Sarna Restaurant and Ryland Homes
projects.
Recommendation
Motion: That the Planning Commission recommends approval of the requested
vacation of the University Avenue frontage road as described herein based on following
conditions of approval that have been found to be necessary to protect the public
interest and ensure compliance with the provisions of the Zoning and Development
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City of Columbia Heights Planning Commission December 21, 2005
University Ave. Frontage Road Case # 2006-0101
Ordinance, including:
1. The closure and removal of the existing University Avenue frontage road shall
be the responsibility of the developers for both the Sarna Restaurant and the
Ryland Home/Schafer-Richardson Development. The details on who is
responsible for what portion will be settled within the final approvals for each
project.
2. The second reading of the proposed vacation will not occur until the City
receives the Commissioner’s Letter from the state approving the release of the
state-owned right-of-way to the City of Columbia Heights.
3. The approval of the vacation is contingent on the utility companies (namely
CenterPoint Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval
of the vacation.
Attachments
Location map
Survey
Legal Description of Vacated right-of-way
Draft Ordinance
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