Regular 2.
Regular City Council Meeting
- Meeting Date:
- 08/10/2020
- TITLE
- Vacation of Alley within La Ray Subdivision
- PRESENTED BY:
- Debi Meling
- Department:
- Public Works
- Division:
- Engineering
RECOMMENDATION
Staff recommends City Council approve the alley vacation within La Ray Subdivision in exchange for $10,311.40.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Propiedad, LLC, owner of the property north of the alley, has petitioned to vacate the alley adjacent to La Ray Subdivision, Block 1, Lots 1-6. Propiedad, LLC is proposing to vacate the alley right-of-way and combine it with their property in order to develop. The alley was originally dedicated as part of La Ray Subdivision, but annexed into the city when Propiedad, LLC annexed their property. The property owners within La Ray Subdivision have no interest in the alley and have agreed to quitclaim their interest in the alley. The alley, if vacated, would revert to Propeidad's property. Attached is a letter from the petitioner explaining their interest in the right of way.
The developer has indicated they are proposing to construct a storage facility on their property. As of right now, they have not developed plans for a storage facility. When they submit for a building permit for the proposed storage facility, Engineering will evaluate the site for off-site improvements to Lincoln Lane.
Vacation of this alley will not affect traffic or pedestrian accessibility since the alley has not been constructed.
City council held a public hearing on June 22, 2020, and voted to delay action on the proposed right of way vacation. One of the concerns expressed by city council was in regards to a county parcel located south of the alley that is not owned by the petitioner. The concern was that the developer would complete a development that combined the property to the north and the property to the south and leave the south portion in the county. The petitioner has stated in the attached letter that if they were to acquire the property to the south, they would annex it into the city. This language can be added to the development agreement.
The recommendation from the June 22, 2020 meeting was to vacate the alley right of way in exchange for 10' of right of way along Lincoln Lane and the difference in cost. In researching the annexation of this property from 2015, it was determined that the property owner is required to enter into a development agreement with the city prior to any development. This development agreement will outline the required right of way dedications and necessary improvements on Lincoln Lane and Griffin Drive. The developer was made aware of this requirement and will be working with Engineering on this agreement which will be presented for council approval prior to any building permits being issued.
The developer has indicated they are proposing to construct a storage facility on their property. As of right now, they have not developed plans for a storage facility. When they submit for a building permit for the proposed storage facility, Engineering will evaluate the site for off-site improvements to Lincoln Lane.
Vacation of this alley will not affect traffic or pedestrian accessibility since the alley has not been constructed.
City council held a public hearing on June 22, 2020, and voted to delay action on the proposed right of way vacation. One of the concerns expressed by city council was in regards to a county parcel located south of the alley that is not owned by the petitioner. The concern was that the developer would complete a development that combined the property to the north and the property to the south and leave the south portion in the county. The petitioner has stated in the attached letter that if they were to acquire the property to the south, they would annex it into the city. This language can be added to the development agreement.
The recommendation from the June 22, 2020 meeting was to vacate the alley right of way in exchange for 10' of right of way along Lincoln Lane and the difference in cost. In researching the annexation of this property from 2015, it was determined that the property owner is required to enter into a development agreement with the city prior to any development. This development agreement will outline the required right of way dedications and necessary improvements on Lincoln Lane and Griffin Drive. The developer was made aware of this requirement and will be working with Engineering on this agreement which will be presented for council approval prior to any building permits being issued.
ALTERNATIVES
City Council may:
- Approve the right-of-way vacation and have the developer pay for full value of the right-of-way at $10,311.40, or;
- Disapprove the right-of-way vacation. If disapproved, the developer would be required to develop their property without the alley right-of-way.
FISCAL EFFECTS
Larry Larsen with the Premier Group completed a comparative market analysis for this right-of-way and determined it to be valued at $2.18/SF. The alley right-of-way is approximately 4,730 sf. The total compensation for the alley right of way is $10,311.40.