HomeMy WebLinkAbout5.a. PCExecSummAdamsAdminPlat09272016EXECUTIVE SUMMARY
Planning Commission Regular Meeting: September 27, 2016
Tentative City Council Meeting: October 18, 2016
AGENDA ITEM: 16-39-SMPAdams Administrative Plat to
AGENDA SECTION:
Reduce Three Parcels into Two
PREPARED BY: Anthony Nemcek, PlannerAGENDA NO. 5.a.
ATTACHMENTS: Site Location Map; Existing Parcels;
Survey, Plat;Correspondence With
Dakota County Regarding Access to APPROVED BY: KL
CSAH 38and Right of Way Dedication;
excerpt from June 17, 1986, PC Meeting.
RECOMMENDED ACTION: Motion to recommend approval of an administrative plat of
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the Adams 1Additionsubject to condition:
1. An additional 25 feet of Right of Way be dedicated along CSAH 38 (McAndrews
Road).
ISSUE
Donna Adams and Clayton Adams are requesting administrative plat approval to reconfigure three parcels
to create two lots which comply with the ordinance dimensional requirements. The parcels are located at
4065 and 4045 McAndrews Road with the existing third parcel being a previously platted outlot which is
not built upon. Staff is recommending approval of the request.
SUMMARY
Applicants and Property Owners: Donna Adams and Clayton Adams
Location: North of McAndrews Road and approximately 1.2 miles west of
South Robert Trail
Area: 20.97 Acres
Land Use Designation: RR – Rural Residential
Current Zoning: RR – Rural Residential
BACKGROUND
The applicants request an administrative plat to redraw the lot lines of three parcels located approximately
1.2 miles west of South Robert Trail on the north side of McAndrews Road. The purpose of this plat is to
transfer 10 acres of land immediately surrounding the residential structure at 4065 McAndrews Road to
another parcel. The 10 acres would be added to the existing eastern lot plus much of the outlot to create a
larger conforming parcel at 4045 McAndrews Road. Neither of the larger lots are in compliance with the
City’s zoning ordinance for lot width due to the outlot that is a leftover of the Mickelson’ Addition.
A variance from the minimum frontage on a public road was granted when the property was splitin 1986.
The County provided the westernmost access to the site when McAndrews Road was reconstructed in
1987.
ANALYSIS
The applicants wish to combine three existing parcels into two through the administrative platting process.
This process combines the preliminary and final plat procedures into one review and approval sequence
before the Planning Commission and City Council. When the applicants first contacted staff about
redrawing the lot lines for the parcels, the applicants hoped to complete the processes through a lot split
and re-combination. After discussions with staff, it was decided that the administrative plat process
should be used due to the cumbersome legal descriptions that would accompany the new parcels.
There are four criteria to weigh when determining whether an administrative plat is the correct vehicle for
land reconfiguration; an administrative plat must meet all ordinance standards to be approved. These
criteria and staff’s findings for each are outlined below. Based on the materials submitted by the applicant
and these findings, staff recommends approval of the administrative plat request.
1.The resulting subdivision shall contain no more than three lots.
Finding: The applicants are proposing to redraw lot linesin a way that will result in two lots.
2.The proposed subdivision shall be in areas where municipal streets and utilities are
already in place and capable of servicing the plat.
Finding: The subject properties are located outside the City’s Metropolitan Urban Services Area,
but there are no plans to add additional housing units as a result of the administrative plat. The
existing dwellings are currently served by private wells and septic tanks.
The resulting properties will continue being served by CSAH 38 (McAndrews Road). Dakota
County is recommending the applicant eliminate the westerly access to Lot 2 since both lots also
share access to CSAH 38 (McAndrews Road) near the eastern edge of the site. The County’s
comments have been included in the attachments. Ironically, the western access was installed by
the County in 1987 for the benefit of the parcel due to its frontage on McAndrews.
The County indicates there are two main benefits to eliminating the westerly access. The first is
that the westerly driveway, as it currently exists, crosses the easternmost point of the neighboring
parcel. The second benefit is that the easterly access to the site is aligned with Danbury Path lying
south of CSAH 38 (McAndrews Road). An upcoming reconstruction project will be taking place
along CSAH 38, and it is unclear if the County will require elimination of the westerly access to the
site at that time. At this time, staff is not recommending removal of the westerly access as a
condition of approval. Staff is uncomfortable about removing access to the parcel which fronts on
the road and requiring use of a private road easement for access. While the properties are currently
owned by family members, at some time in the future the parcels may be sold. The use of a private
easement for access across another property is something typically not desirable and may promote
conflict in the future. The County Plat Commission will review this item in early October and
make a recommendation for approval. If the County wants to pursue this issue further that
meeting would be their opportunity.
The County is also requesting an additional 25 feet of right of way be dedicated along CSAH 38 to
accommodate a future four-lane divided road. Staff has included this additional ROW dedication
as a condition of approval.
3.Future streets shall not be constructed and the proposed subdivision shall not interfere
with property development of neighboring adjacent properties.
Finding: The proposed plat is a redrawing of existing, developed parcels. No further development
is expected on the site.
4.Resulting parcels shall conform to all zoning ordinance requirements.
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Finding: The proposed plat conforms to all the lot performance standards for properties in the
RR-Rural Residential zoning district. These standards are shown in the table below.
Lot Performance Standards for the RR-Rural Residential Zoning District
StandardRequirementProposedStatus
Lot 1: 300 feet
Lot Width200 feetConforming
Lot 2: 416 feet
Lot 1: 16 acres
Lot Area 2.5 acres Conforming
Lot 2: 4.97 acres
Lot Depth n/an/an/a
Density 1/5 acres 1/10.5 acresConforming
CONCLUSION AND RECOMMENDATION
Based on the information provided by the applicant and included in this report, staff is recommending
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approval of an administrative plat to create the Adams 1 Addition.
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OAK RIDGE ESTATES.
WEST LINE OF LOTS 1-3, BLOCK 1,
DAK. CO. R/WMON. FOUND
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EAST LINE OF TRACT E, RLS NO. 12
ADAMS FIRST ADDITION
The South 972.0 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section 18, Township 115, Range 19,as platted in Mickelson's First Addition. And Except the East 300 feet
thereof.And,Outlot A, Mickelson's First Addition, Dakota County, Minnesota.And,The East 300 feet of the South 972 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section
18, Townshipof the old public road as shown in Mickelson's First Addition.And,The East 2 rods of the SE 1/4 of the NW 1/4 lying south of the old public road as shown in Mickelson's
First Addition inSection 18, Township 115, Range 19, Dakota County, Minnesota.
Dakota County, Minnesota, subject to County Road easement and Excepting that part lying South of the old public road115, Range 19, Dakota County, Minnesota, Except that part platted
in Mickelson's First Addition, and that part lying south
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EAST LINE OF TRACT E, RLS NO. 12
SOUTHWEST CORNER OF THENW 1/4 OF SEC. 18-T115-R19,DAKOTA CO. MON.
From:Peters, Scott
To:Nemcek, Anthony
Subject:Access onto McAndrews and Upcoming Projects
Date:Wednesday, September 14, 2016 2:38:47 PM
Attachments:image001.jpg
Anthony:
Thank you for providing Dakota County an opportunity to comment on the proposed administrative
plat for parcels at 4045 and 4065 McAndrews Road. The following address concerns regarding right
of way and highway access.
Right of Way
Dakota County has a 2018 federal project to convert the existing 2-lane highway to 3-lanes in this
area. We believe the existing right of way will be adequate for this future project. Therefore, we do
not anticipate a need for any additional right of way dedication or acquisition in this area. However,
highway easements or temporary easements may be needed at time of construction.
Access
Dakota County believes it would be beneficial to remove the access at 4065 McAndrews Road. It
appears this driveway access crosses property to the west (4245 McAndrews Road) to gain access to
the highway. Furthermore, an existing easement that allows access to 4045 McAndrews Road allows
the 4065 McAndrews Road property highway access at a driveway location that is aligned with an
opposite public street (Danbury Way). Our future highway construction design indicates that turn
lanes will be located at this intersection making it a safer ingress and egress.
Again, thank you for the opportunity to offer our comments. Please contact me if you have any
further questions.
Scott Peters
Senior Planner
Dakota County Transportation Department
14955 Galaxie Avenue, Apple Valley, MN 55124
Phone: 952-891-7027
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Wednesday, September 14, 2016 12:47 PM
To: Peters, Scott
Subject: RE: Access onto McAndrews and Upcoming Projects
That’s alright. Can you please write up your finding in a brief memo that I can include with the
packet?
From: Peters, Scott \[mailto:Scott.Peters@CO.DAKOTA.MN.US\]
Sent: Wednesday, September 14, 2016 12:45 PM
To: Nemcek, Anthony
Cc: Sorenson, Brian
Subject: RE: Access onto McAndrews and Upcoming Projects
Anthony:
After reviewing this a little more closely we believe it would be beneficial to both the City and the
County that the western access (4065)to McAndrews Road be removed. It appears that the current
4065 access to McAndrews Road crosses property of another owner at 4245 (Doll property). Your
previous email did not identify if an easement was allowed with that property but did identify that
easement rights to use the 4045 driveway exist. In addition, the 4045 driveway site is a better
access location as it is aligned with the public street across from it making a good location with
future turn lanes with our future reconstruction project.
I apologize for the differing follow up recommendation from us. We would prefer that the access to
4065 McAndrews be removed. Let me know if you have any additional questions.
Thanks for contacting us.
Scott Peters
Senior Planner
Dakota County Transportation Department
14955 Galaxie Avenue, Apple Valley, MN 55124
Phone: 952-891-7027
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Wednesday, September 14, 2016 10:28 AM
To: Peters, Scott
Subject: RE: Access onto McAndrews and Upcoming Projects
The applicant is preemptively making changes to her property so that she can give the property with
her house in it to her daughter upon her death and the land surrounding it to her son. I’ve attached
the proposed plat. The City is requiring the properties to be platted to clean up the legal
descriptions. From a city standpoint it is pretty straight forward and will result in the parcel to the
east to be more in compliance with the city’s code. Let me know if you have any other questions.
From: Peters, Scott \[mailto:Scott.Peters@CO.DAKOTA.MN.US\]
Sent: Wednesday, September 14, 2016 10:09 AM
To: Nemcek, Anthony
Subject: RE: Access onto McAndrews and Upcoming Projects
Anthony:
A question I should have asked before answering you…Why did they come to the city with this
administrative plat and what are they planning to do?
Scott
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Wednesday, September 14, 2016 8:56 AM
To: Peters, Scott
Subject: RE: Access onto McAndrews and Upcoming Projects
Thank you very much for looking into this for me. I will include this information in my report.
From: Peters, Scott \[mailto:Scott.Peters@CO.DAKOTA.MN.US\]
Sent: Wednesday, September 14, 2016 8:20 AM
To: Nemcek, Anthony
Cc: Sorenson, Brian
Subject: RE: Access onto McAndrews and Upcoming Projects
Anthony:
I spoke with our Design and Traffic Engineers regarding the parcels in question. It appears that the
current right of way shown for these parcels is adequate. There may be a need for a construction
easement in the future, however at this time our preliminary designs for CSAH 38 improvements
indicate the existing right of way is adequate to support the future highway improvements. As for
the access points, the spacing between the sites is adequate to continue to allow access to both
sites.
Let me know if you have any additional questions.
Scott Peters
Senior Planner
Dakota County Transportation Department
14955 Galaxie Avenue, Apple Valley, MN 55124
Phone: 952-891-7027
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Tuesday, September 13, 2016 11:09 AM
To: Sorenson, Brian
Subject: Access onto McAndrews and Upcoming Projects
Brian,
I had left you a message last week regarding an administrative plat of some parcels located at 4065
and 4045 McAndrews Road here in Rosemount. I would like to get your thoughts on maintaining the
same level of access. The western property has an easement for a shared drive with 4045
McAndrews. Would the County prefer the access be eliminated at 4065 McAndrews? Also, are
there any improvements planned for this road that will result in more right of way dedications being
acquired? Let me know your thoughts, and if easier please give me a call.
Anthony Nemcek, Planner
City of Rosemount, 2875 145th Street, Rosemount, MN 55068
Ph. 651-322-2090 / http://www.ci.rosemount.mn.us
From:Tollefson, Todd
To:Nemcek, Anthony
Subject:RE: Administrative Plat for Plat Commission
Date:Tuesday, September 20, 2016 10:54:48 AM
Attachments:image001.jpg
Anthony
After speaking with Scott, there might have been a misunderstanding. Scott was thinking that the
property was not going to be platted. He thought that an “Administrative Plat” was done
administratively without platting. Sorry for the confusion.
Scott had talked with our Design Engineer for the 2018 Construction project and it sounded like no
additional ROW would be needed. However, the 2030 traffic projections and plat needs map identify
all of CSAH 38 as a 4-lane divided future roadway with 75 feet of half ROW. We will have further
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discussion on October 3. Thanks.
Todd
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Tuesday, September 20, 2016 9:17 AM
To: Tollefson, Todd
Subject: RE: Administrative Plat for Plat Commission
Thanks for getting back to me. I do have one follow up question. Scott Peters in the Dakota County
Transportation Department told me that they are not anticipating a need for any additional ROW
dedication or acquisition in that area. Can you speak to the difference so I can explain this to the
applicant? Thanks.
From: Tollefson, Todd \[mailto:Todd.Tollefson@CO.DAKOTA.MN.US\]
Sent: Tuesday, September 20, 2016 8:57 AM
To: Nemcek, Anthony
Subject: RE: Administrative Plat for Plat Commission
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Ok, Thanks. This will be on the agenda for October 3. FYI: The future ROW guidelines are 75 feet
of half right of way along CSAH 38. The existing ROW width is 50 feet of half ROW. Additional ROW
will be needed along CSAH 38.
City staff is encouraged to attend the Plat Commission meetings. Also, developers, engineers, etc.
are welcome to attend, if necessary. Thanks.
Todd B. Tollefson
County Surveyor
Dakota County
952-891-7070
From: Nemcek, Anthony \[mailto:Anthony.Nemcek@ci.rosemount.mn.us\]
Sent: Monday, September 19, 2016 3:07 PM
To: Tollefson, Todd
Subject: Administrative Plat for Plat Commission
Todd,
The City of Rosemount is submitting an administrative plat for review by the Dakota County Plat
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Commission. The plat is called Adams 1 Addition. It is basically a redrawing of the adjacent
parcels. I’ve attached the plat to this email. The site is located at 4065 and 4045 McAndrews Road
(CSAH 38). The applicant is requesting this plat to make the property easier to split between her
heirs. This administrative plat will be reviewed at our planning commission meeting on Tuesday,
th
September 27. Please let me know if you need any more information regarding this item.
Thanks,
Anthony Nemcek, Planner
City of Rosemount, 2875 145th Street, Rosemount, MN 55068
Ph. 651-322-2090 / http://www.ci.rosemount.mn.us
REGULAR PLANNING COMMISSION MEETING MINUTES
June 17, 1986
Page Two
Chairman Smith closed the public hearing at 6:15 p.m.
MOTION by Huntington to approve the variance as requested by Shelby Penrod.
Second by Smith. Ayes 4, Nays 0.
Chairman Smith opened the public hearing for the Clay Adams request for
variance to minimum lot frontage for a metes and bounds division of
property at 6:18 p.m.
Johnson had in his possession Affidavits of Publication and Mailed Hearing
Notice.
Mr. Earl Adams and Mrs. Clay Adams were present to request approval for a
division of a 20.15 -acre parcel in the Agriculture District located in
Section 18, north of County Road 38. The division would create a 5 -acre
and 15.15 -acre parcel. Although both parcels meet minimum dimensional
requirements neither has the required 300 feet of frontage on a public road
due to a remnant of Mickelson's First Addition, identified as Outlot A,
which blocks access to the Adams property except at two points. Johnson
informed the Board that present access to the Earl Adams property is
located on the east 33 feet of the property, but with the reconstruction of
County Road 38, the County will provide another access to his property on
the westerly line. The existing access would then serve the proposed 5 -
acre parcel. Johnson informed the Board that the division would not
require a rezoning.
Sharon Mickelson, owner of Outlot A in Mickelson's First Addition, was
present and questioned how this variance would effect her property.
Johnson informed her the variance would have no impact on this lot since it
is a remnant of Mickelson's First Addition and is an unbuildable lot until
the ordinance standards are reduced. She stated she had no objection to
the request. There were no other persons present for comment.
Chairman Smith closed the public hearing at 6:30 p.m.
MOTION by Toombs to approve the variance as requested by Clay Adams.
Second by Cunningham. Ayes 4, Nays 0.
Chairman Smith closed the Board of Appeals and Adjustments and reopened the
Regular Planning Commission Meeting at 6:35 p.m.
MOTION by Toombs to adjourn. Second by Cunningham. There being no further
business to come before this Commission and upon unanimous decision this
meeting was adjourned at 6:35 p.m.
See Planner's File 1986-10 for June 17, 1986 Regular Meeting Reviews.
Respectfully su mitted,
Donna Quintus
Recording Secretary