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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 st 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. 2 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 st approval of an administrative plat to create the Adams 1 Addition. 3 6•_ • • N't. OAK RIDGE ESTATES. WEST LINE OF LOTS 1-3, BLOCK 1, DAK. CO. R/WMON. FOUND 1 2 FOUND 1/2 " I.P. 1/2 " I.P.FOUND 1/2 " I.P.FOUND 1" I.P.FOUND 1" I.P.FOUND 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 . O S N W D E A R O D R N YA T C OAK RIDGE ESTATES. N WEST LINE OF LOTS 1-3, BLOCK 1, M ( U O 8 C3 ROAD) DAK. CO. R/WMON. FOUND WETLAND SOUTH LINE OF LOT 4, BLOCK 1, OAK RIDGE ESTATES SOUTH LINE OF OUTLOT A T N E M E S SOUTH LINE OF THE NW 1/4 A E Y T I L I T U D N A E G A N I A R D T O O F BLOCK 1 1 0 1 2 ) 8 3D . A O O N R D S A WESTERLY CORNER OF OUTLOT A W O E R R Y D T N N A U C O M C( OF THE E 1/2 OF THE NW 1/4 NORTH LINE OF THE SOUTH 972 FEET WETLAND ADAMS FIRST ADDITION 1/2 " I.P.FOUND NORTH LINE OF LOT 2, BLOCK 2,MICKELSON'S FIRST ADDITION 1/2 " I.P.FOUND 1/2 " I.P.FOUND 1" I.P.FOUND 1" I.P.FOUND 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 rd 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 rd 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 st 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