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Home My WebLink About6.j. City of Rosemount Lot Split, Bester Property, Case 05-06-LSAGENDA ITEM: Case 05 -06 -LS City of Rosemount Lot Split (Bester Property) AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. ATTACHMENTS: Draft Resolution, Draft PC Minutes of 02/22/05, PC Staff Report 02/22/05, Location Map APPROVED BY: RECOMMENDED ACTION: Motion to recommend approval of the lot split with no conditions. ACTION: City Council Meeting Date: March 1, 2005 ISSUE The Bester property consists of about 40 acres of land in the Agricultural Preserve District along Bacardi Avenue and on the south side of Gun Club Road (120 Street West) The eastern edge of the Bester property actually extends east of Bacardi Avenue. The City is requesting lot split approval to acquire that portion of the and that lies east of the centerline of the road, aligning with the Aina Wicklund property. BACKGROUND Applicant Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning. Nature of request: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION The City of Rosemount and Earl and Florence Bester Mostly west of Bacardi Ave., South of Gun Club Road (120th Street West). 40 4 total prior to split. Rural Residential Agricultural Preserve Separate the 1 53 acres east of Bacardi Avenue for access to properties adjacent to the east. PLANNING COMMISSION The Planning Commission held the public hearing for the lot division request at their February 22, 2005 meeting During the public hearing no one spoke The Planning Commission unanimously recommended approval of the request. DISCUSSION Bacardi Avenue was built at a slight angle deviating to the west of straight north. As a result, the Wiklund property is isolated from Bacardi Avenue by 1 53 acres of the Bester property. Due to the eminent acquisition of a portion of Ms. Wtklund's property for conservation purposes access to the site must be obtained The City is purchasing the Bester parcel B to provide access to Ms. Wiklund's property and the soon to be created open space conservation property The City will use funds from the Park Improvement Fund for the property purchase of $51,714. The parcel created by the split is 88.95 feet deep on the north side extending east of the centerline of Bacardi Ave. It narrows to 72.21 feet deep on the south side and is approximately 825 feet long By itself, it will not be a buildable lot according to rural residential standards. Typically, the City would require Parcel B to be combined with an adjoining property because it is not buildable and does not conform to ordinance dimensional requirements. The City requests the combination so that there is no chance that the property will go tax forfeit. However, this is an unusual situation as the City is the applicant and is obtaining the parcel to provide access For this reason the dimensional standards of the ordinance can be waived as well as the policy of combining the property with another buildable parcel. RECOMMENDATION Approve the draft resolution 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING THE CITY OF ROSEMOUNT LOT SPLIT REQUEST FROM EARL AND FLORENCE RESTER TO ACQUIRE THE PORTION OF LAND THAT LIES EAST OF THE CENTERLINE WHEREAS, the Community Development Department of the City of Rosemount received an application from the City of Rosemount Parks and Recreation Department on January 25, 2005 requesting a Lot Split for the property located at 2140 120 Street West, legally described as: LEGAL DESCRIPTION OF THE ENTIRE PARCEL THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA. EXCEPT THAT PART PLATTED AS SCHLUKEBIER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNESOTA. PARCEL A (THAT PART LYING WEST OF BACARDI AVENUE) THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA. EXCEPT THAT PART PLATTED AS SCHLUKEBIER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNESOTA. AND ALSO EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA, WHICH LIES SOUTHERLY OF THE SOUTHERLY LINE OF LOT 2, BLOCK 1, SCHLUKEBIER, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA, AND ITS WESTERLY EXTENSION 'THEREOF, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1; THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST, ASSUMED BEARING ALONG SAID WESTERLY EXTNEXION OF THE SOUTH LINE OF LOT 2, 33.00 FEET, TO THE POINT OF BEGINNING OF SAID LINE TO BE HEREINAFTER DESCRIBED; THENCE SOUTH 01 DEGREES 06 MINUTES 37 SECONDS EAST, 825.58 FEET TO A POINT ON THE SOUTH LINE OF SAID NORHTEAST QUARTER, DISTANT 72.21 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT 72.71 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AS MEASURED ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND SAID LINE THERE TERMINATING. PARCEL B (THAT PART LYING EAST OF BACARDI AVENUE) THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA. EXCEPT THAT PART PLATTED AS SCHLUKEBJER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNEOSTA. AND ALSO EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA, WHICH LIES SOUTHERLY OF THE SOUTHERLY LINE OF LOT 2, BLOCK 1, SCHLUKEBIER, ACCORDING TO THE RECORDED PLAT THEREOF, ATTEST: DAKOTA COUNTY, MINNESOTA, AND ITS WESTERLY EXTENSION THEREOF, AND WESTERLY OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1; THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST, ASSUMED BEARING ALONG SAID WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 2, 33.00 FEET TO THE POINT OF BEGINNING OF SAID LINE TO BE HEREINAFTER DESCRIBED; THENCE SOUTH 01 DEGREES 06 MINUTES 37 SECONDS EAST, 825.58 FEET, TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT 72.21 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AS MEASURED ALONG SAID SOUTH LINE FO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND SAID LINE THERE TERMINATING. WHEREAS, on February 22, 2005, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Split located at 2140 120 Street West; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Lot Split for the property located at 2140 120 Street West; and WHEREAS, on March 1, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split requested for 2140 120 Street West. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Lot Split request from the City of Rosemount Parks and Recreation Department of 2140 120 Street West. ADOPTED this first day of March, 2005 by the City Council of the City of Rosemount. Linda Jentink, City Clerk William H. Droste, Mayor RESOLUTION 2005 Motion by: Second by: Voted in favor: Voted against: Member absent: 2 . Excerpt from the Regular Planning Commission Meeting of February 22,2005 Public Hearing: 5C. Case 05-06-LS City of Rosemount Lot Split(Bester Property). City Planner Pearson reviewed the Staff Report. The Bester property consists of about 40 : acres of land in the Agricultural Preserve Distriet along Bacardi Avenue and on the south � side of Gun Club Road(120�' Street West). The eastern edge of the Bester property actually extends east of Bacardi Avenue. The City is requesting lot split approval to acquire the portion of the Bester land that lies east of the centerline of the road, aligning with the Aina Wicklund property. Chairperson Messner asked the Commission for any questions for Mr.Pearson. There were no questions for Mr. Pearson. Chairperson Messner opened the Public Hearing. MOTION by Powell to close the Public Hearing. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nayes: None. Motion carried. Chairperson Messner asked for any follow-up questions or discussion. MOTION by Messner to recommend approval of the lot split with no conditions. Second by Schultz. Ayes: Schultz, Zurn,Messner,Humphrey and Powell. Nayes: None. Motion approved. AGENDA ITEM: Case 05 -06 -LS City of Rosemount Lot Split (Bester Property) AGENDA SECTION: Public Hearing PREPARED BY: Rick Pearson, City Planner. AGENDA NO. 5C ATTACHMENTS: Location map, Survey reduction. APPROVED BY: RECOMMENDED ACTION: Motion to recommend approval of the lot split with no conditions. ACTION: Planning Commission Meeting Date: February 22, 2005 March 15, 2005 ISSUE The Bester property consists of about 40 acres of land in the Agricultural Preserve District along Bacardi Avenue and on the south side of Gun Club Road (120 Street West). The eastern edge of the Bester property actually extends east of Bacardi Avenue. The City is requesting lot split approval to acquire that portion of the land that lies east of the centerline of the road, aligning with the Aina Wicklund property. BACKGROUND Applicant Property Owner(s): Location The City of Rosemount and Earl and Florence Bester Mostly west of Bacardi Ave., South of Gun Club Road (120th Street West). 40.4 total prior to split. Rural Residential Agricultural Preserve Separate the 1.53 acres east of Bacardi Avenue for access to properties adjacent to the east. Bacardi Avenue was built at a slight angle deviating to the west of straight north. As a result, the Wiklund property is isolated from Bacardi Avenue by 1.53 acres of the Bester property. Ms Wiklund may be able to acquire access via prescriptive rights through legal action. However, she is expected to split her 25 -acre property and donate a portion of it to the City with a conservation easement dedicated to preclude any future development In order to facilitate the process, the City will acquire the Bester parcel to ensure that the properties will not legally be landlocked. Area in Acres: Comp Guide Plan Desig: Current Zoning: Nature of request: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Ms. Wiklund's property is located at 12110 Bacardi Ave. She intends to record a conservation easement over her entire property. After which, she will donate much of the property to the City for open space preservation. The Minnesota Department of Natural Resources has provided a grant for the acquisition, and will be granted an easement over the split parcel from the City for access to the donated property. The parcel created by the split is 88.95 feet deep on the north side extending east of the centerline of Bacardi Ave. it narrows to 72.21 feet deep on the south side and is approximately 825 feet long. By itself, it will not be a buildable lot according to rural residential standards. Typically, the City would require Parcel B to be combined with an adjoining property because it is not buildable and does not conform to ordinance dimensional requirements The City requests the combination so that there is no chance that the property will go tax forfeit. However, this is an unusual situation as the City is the applicant and is obtaining the parcel to provide access. For this reason the dimensional standards of the ordinance can be waived as well as the policy of combining the property with another buildable parcel. In effect, Parcel B will be treated as expanded street right -of -way although will not be dedicated as right -of -way. In the future, the parcel may be combined with the Wiklund property, although city ownership provides the best flexibility to the City should other needs be identified such as installation of utilities or installation of a sidewalk SUMMARY Approval of the split will facilitate the acquisition of a portion of the Wikiund property for open space preservation. The parcel of land facilitates access to the property, and satisfies DNR requirements for the grant 2 . � SITE MAP � PROPERTY ID NUMBER:34-01610-012-25 2004 ESTIMATED MARKET VALUES(PAYABLE 2005) 2004 BUILDING INfORMATION(PAYABIE 2005}: F£E OWNER: EARI&FLORENCE BESTER LAND: � LOT SIZE �'PE 1659 145TH ST BUILDING: �' YEAR BUiIT 0 ROSEMOUNT MN 5506&2927 TOTAL: � 1,768,772 TOTAL S�FT �CH/STYLE 40.61 TOTAL ACRES POUNDATION SQ FT PROPERTY ADDRESS: 2740 120TH ST W SCHOOL DISTRICT: 196 104,425 WATER SQ Ff F�NISHED S�FT 0 ROSEMOUNT MN 55068 85,967 ROAD RM/SQ FT BEDROOMS 0 BATHS 0 PAYP.BLE 2004 TAXES LOCATION: NE1/4 NWt/4 SECTION 16-115-19 FRAME NET TAX: GARACoE SQ FT 0 � PAYABI.E 2005 HOMESTEAD STATUS: FULL HOMESTEAO OTHER GARAGE SPECIAL ASSESSMENTS: 0.00 MISC BLDG MISC BLDG TOTAL TAX 8 SA � WATERSHED DISTRICT: VERMILLION RIVER PAYABLE 2005 ASMNT USAGE:AG-AG PRESERVE IAST QUALIFIED SALE: DATE: AMOUNT: _ I I J ; __ ; i - -- - �....:_.� �. _ ...---_._.:._ ,.._....___---_.�..�._. _. _ .__.__,._ _ , :� .__�.�_._._ .�_`_ ��_._ � ',I - � �R� :� �, �: --- - - � � , A. I,53 Ace� t��ru.�,.c. w�� psE Gapt��T �22o M . '�` `" -n-tE �0,101 I�G.f�E:S. $ (Trrf. i'oRTtoN DF 'C�'t-� _ P20P��rT`f Ep.�a? O% Tft'£ .;'.. C�NTEf�t.�N�E, f��' FsR4ki?�A; ' 1'11J&A�it�,�, NOTE: Dimensions rounded to nearest foot. PLAT NAME: SECTION 16 TWN 115 RANGE 19 N TAX DESCRIPTION: NE 1/4 OF NW 1/4 EX 8EG 825 Copyright 2005,Dakota County- FT N OF SE COR W 89.05 FT N 01 D01 M24S W 274.15 FT E This drawing is neither a legally recorded map nor a survey and is not mtended to be used as one. 94.19 FT TO E LINE S 273.95 This drawing is a compilation of records,informalion and data located in various city,county,and FT TO BEG SEE slate offkes and other sources,affecting the area sfioWn,�nd is to be used for reference purposes #34-01670-01�25 FQR only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are RELATIVE HOMESTEAD found,please contad Dakota Counry Survey and Land Information Department 16115 19 Map Date:February 10,2005 Parcels Updated:1/6/2�05 Aerial Photography:1990 STATE OF MINNESOTA COUNTY OF DAKOTA ss. CITY OF ROSEMOUNT (SEAL) CITY OF ROSEMOUNT CERTIFICATE WITNESS by my hand and the seal of said City this 1st day of March, 2005. CITY HALL 2875 145th Street West Rosemount, MN 55068 -4997 Phone 651 -423 -4411 Hearing Impaired 651 -423 -6219 Fax 651- 423 -5203 I, Linda Jentlnk, duly appointed, acting and qualified City Clerk of the City of Rosemount, do hereby certify that I have examined the records for the City of Rosemount City Council meeting dated March 1, 2005 and hereby certify that the attached item is a true and correct copy regarding Resolution 200522, A RESOLUTION APPROVING THE LOT SPLIT REQUEST FROM EARL AND FLORENCE BESTER TO ACQUIRE THE PORTION OF LAND THAT LIES EAST OF THE CENTERLINE. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 22 A RESOLUTION APPROVING THE CITY OF ROSEMOUNT LOT SPLIT REQUEST FROM EARL AND FLORENCE BESTER TO ACQUIRE THE PORTION OF LAND THAT LIES EAST OF THE CENTERLINE WHEREAS, the Community Development Department of the City of Rosemount received an application from the City of Rosemount Parks and Recreation Department on January 25, 2005 requesting a Lot Split for the property located at 2140 120 Street West, legally described as: LEGAL DESCRIPTION OF THE ENTIRE PARCEL THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA. EXCEPT THAT PART PLATTED AS SCHLUKEBIER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNESOTA. PARCEL A (THAT PART LYING WEST OF BACARDI AVENUE) THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA. EXCEPT THAT PART PLATTED AS SCHLUKEBIER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNESOTA. AND ALSO EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA, WHICH LIES SOUTHERLY OF THE SOUTHERLY LINE OF LOT 2, BLOCK 1, SCHLUKEBIER, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA, AND ITS WESTERLY EXTENSION THEREOF, AND EASTERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1; THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST, ASSUMED BEARING ALONG SAID WESTERLY EXTNEXION OF THE SOUTH LINE OF LOT 2, 33.00 FEET, TO THE POINT OF BEGINNING OF SAID LINE TO BE HEREINAFTER DESCRIBED; THENCE SOUTH 01 DEGREES 06 MINUTES 37 SECONDS EAST, 825.58 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT 72.71 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AS MEASURED ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND SAID LINE THERE TERMINATING. PARCEL B (THAT PART LYING EAST OF BACARDI AVENUE) THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA EXCEPT THAT PART PLATTED AS SCHLUKEBIER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNEOSTA. AND ALSO EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 115, RANGE 19, DAKOTA COUNTY, MINNESOTA, WHICH LIES SOUTHERLY OF THE SOUTHERLY LINE OF LOT 2, BLOCK 1, SCHLUKEBIER, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY, MINNESOTA, AND ITS WESTERLY EXTENSION THEREOF, AND WESTERLY OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1, THENCE SOUTH 89 DEGREES 47 MINUTES 00 SECONDS WEST, ASSUMED BEARING ALONG SAID WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 2, 33.00 FEET TO THE POINT OF BEGINNING OF SAID LINE TO BE HEREINAFTER DESCRIBED; THENCE SOUTH 01 DEGREES 06 MINUTES 37 SECONDS EAST, 825 58 FEET, TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, DISTANT 72.21 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AS MEASURED ALONG SAID SOUTH LINE FO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND SAID LINE THERE TERMINATING. WHEREAS, on February 22, 2005, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Split located at 2140 120 Street West; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Lot Split for the property located at 2140 120 Street West; and WHEREAS, on March 1, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split requested for 2140 120 Street West. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Lot Split request from the City of Rosemount Parks and Recreation Department of 2140 120 Street West. ADOPTED this first day of March, 2005 by the City Council of the City ofRosemount. ATTEST: William H. Droste, Mayor Motion by: Baxter Second by: Sterner Voted in favor: Baxter, Shoe Corrigan, Droste, Sterner Voted against: None Member absent: DeBettiqnies 2 RESOLUTION 2005-2 2