HomeMy WebLinkAbout6.j. Twin Ponds Simple Plat 05-41-AP-VAGENDA ITEM: Case 05- 41 -AP -V Twin Ponds Simple
Plat
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P.
Assistant City Planner
AGED
ATTACHMENTS: Draft Resolution, Draft 09 -27 -05 PC
Minutes, 02 -17 -04 CC Minutes, 12 -09 -03
PC minutes Resolution 2004 -25
Originally Approving the Simple Plat,
Variance Exhibit, Tree Inventory,
Proposed Simple Plat, Sketch Plan
Illustrating Access and Conservation
Easements
APPROVED BY:
r
RECOMMENDED ACTION:
Motion to adopt a resolution approving the simple plat for the Manley property subject to
conditions.
4 ROSEMOUN T
CITY COUNCIL
City Council Meeting: October 18, 2005
EXECUTIVE SUMMARY
The apphcant, Manley Land Development, requests a simple plat and a driveway setback variance from 5
to zero feet to create two residential lots for the property legal described as the NE 1/4 of the NE 1/4 of
Section 18- 115 -19 south of 120 Street. These items, along with a rezoning request, were reviewed and
approved by the Planning Commission in December of 2003 and the City Council m February of 2004.
The apphcant failed to record those approvals and, by ordinance, the simple plat and variance requests
expired after one year. The rezoning approval has no expiration clause and is still m effect.
Currently, the subject property is a single 20.31 acre parcel containing one single family home. The
apphcant proposes to subdivide this property into two single family lots Lot 1 will be approximately 5.12
acres while Lot 2 will be approximately 14.33 acres Should the City approve the simple plat and driveway
setback variance requests, the applicant plans to remove the existing structure and construct two single
family homes.
PLANNING COMMISSION ACTION
On September 27, 2005, the Planning Comnussion acting as the Board of Appeals Adjustments
conducted a public hearing for the variance. No one from the audience other than the applicant
commented on the variance. The Board of Appeals Adjustments subsequently adopted a unanimous
motion granting the variance. The Planning Commission then conducted the public hearing for the review
of the simple plat. As before, no one appeared other than the applicant However, a letter was received
from a property owner on Cobblestone Lane The letter stated that there were no objections to the plat,
but that there was opposition to any access or through street that would connect 120 Street with
Cobblestone Lane. Assistant City Planner Lindahl explained that no such connection would result from
Performance Standards for the Rural Residential District
Category
Lots
Setbacks
Bldg. Height
Status
Size
Width
Front
Side
Rear
Maximum
Unplatted
5 acres
300 ft.
40 ft.
30 ft.
30 ft.
35 ft.
Conforming
Platted
2.5
Acres
200 ft.
40 ft.
30 ft.
30 ft.
35 ft.
Conforming
the application.
The Planning Commission closed the public hearing and questioned staff regarding the status of the
Wetland Conservation Act permit apphcation. City Engineer Brotzler indicated that it was a standard
condition for wetlands, and staff had determined that no WCA permit would be required since no work
would occur within the delineated buffer area. The Commissioners deleted condition #1 requiring the
variance and condition #9 referencing the WCA permit. The Commissioners then adopted a motion
recommending approval of the simple plat subject to the remaining recommended conditions.
ISSUE ANALYSIS
Simple Plat
Land Use Zoning. The subject property is zoned and guided RR, Rural Residential. The proposed
simple plat is consistent with the miniinum performance standards for the rural zonmg and land use
designations, with the exception of the driveway setback. The applicant is seeking a variance from this
standard. A detailed review of this plat is provided below.
Lots. The applicant plans to subdivide the existing 20.31 acre lot into two single family Lots. Lot 1 will be
approximately 5.12 acres while Lot 2 will be approximately 14 33 acres. The lots and buildings pads
illustrated on the applicant's plan meet the minimum performance standards for properties in the RR,
Rural Residential District and land use category. The lot performance standards for the RR, Rural
Residential District are illustrated m the table below.
Access. As proposed, Lots 1 and 2 will share an existing access from 120t street. This access will
straddle the shared east /west property line. This driveway alignment requires a driveway setback variance
from five to zero feet. Staff supports the variance request due to the reduced number of curb -cuts along
120 Street and in recognition of the constrained area on the site due to the surrounding wetlands. A
detailed vanance review follows later in this report.
Should the Commission approve the variance, this design will require shared access and maintenance
agreement be executed between the two properties These documents shall be prepared by the applicant
for review and approval by the City Attorney prior to issuance of either building permit.
Wetlands. According to the City's Comprehensive Wetland Management Plan, the two proposed building
sites are surrounded by Preserve Wetlands and require a seventy -five (75) foot buffer area. Any
encroachment into this required buffer area shall be mitigated at a 3.1 base. In this case, encroachment
into to the required buffer area is necessary to provide access to the budding sites from 120t Street. To
provide this access, the applicant will disturb 9,850 square feet of buffer area and is therefore providing
30,000 square feet of mitigation area (see attached sheet titled "Vanance Exhibit The buffer and
mitigation areas will remain un- buildable because the apphcant a placed them m a conservation easement.
2
It should be noted that in 2003, Preserve Wetlands required only 2:1 mitigation. The applicant has revised
their plans to meet the new 3:1 mitigation standard.
Right -of -Way. Staff recommends that the apphcant dedicate two portions of land as right -of -way. First,
the applicant should dedicate 55 feet south of the north property line to provide half of the necessary
right -of -way for 120` Street. In addition, the applicant should dedicate 65 feet spanning the eastern
property line extending from the southeastern corner of Lot 2 to the southwestern corner of the Cadwell
property. This additional right -of -way reserves the ability to gain access to the south and potenually
create a north -south road to connect 120t Street and McAndrews Road west of Dodd Road. The
Cominission and Council should be aware that there are no road extension plans at this time, although a
private outlot exists to the south which was created to potentially provide access. It should also be noted
that the eastern ROW may not reflect the most desirable alignment. However it is feasible m this location
and staff does not want to preclude any future options at this time.
Utilities. Each lot will be required to provide a well, septic system, drain field and backup drain field in
conformance with all City of Rosemount Title 9, Chapter 6, Dakota County Ordmance 113, and
Minnesota Rules 7080 standards. These areas are shown on the applicant's plans and meet all required
setbacks and separation standards.
Easements. Both Lots 1 and 2 shall provide the necessary easements as required by the City Engineer.
These easements include, but are not limited to a shared access and driveway easement to allow access
from both properties to 120 Street, drainage and utility easements to the high water elevation of all
wetlands, and a conservation easement over the 75 wetland buffer and mitigation areas. These easements
shall be recorded with the proposed subdivision.
Engineering Comments. Upon review of the Manley Land Development Simple Plat last updated on
August 30, 2005, the Engineering Department offers the following comments
House types and low floor elevations need to be provided to verify the feasibility of the structures.
Drain fields for the septic tank need to maintain a minimum of 3 -feet of vertical separation to
saturated soils. Provide historic ground water level information to the City for review.
The City will require the apphcant to submit a Wetland Conservation Act permit for the work to
be performed adjacent to or within the delineated wetlands. Wetland impacts will be subject to a
replacement ratio of 3:1.
The developer must install buffer monuments at designated locations.
The plans must note the installation of silt fence and other construction site best management
practices to control erosion. Installation must follow the policy and guidelines outlined by the City
of Rosemount's Erosion Control Pohcy and General Specifications for Street and Utihty
Construction. The plan should also address seed mixtures to re- vegetate the disturbed areas of the
site.
The following fees shall be collected for the proposed lot split:
Geographical Informational Systems Fees (GIS): $250.00 for a parcel split
3
Storm Water Trunk Area Charges: $6015 per acre *10.57 acres $63,578.55
Payment of all review fees in full.
Park Dedication. This simple plat creates 2 new residential lots As a result, the Director of Parks and
Recreation recommends the applicant pay a cash park dedication fee equal to two units at $3,000 per unit.
This fee shall be paid to the City prior to recording the proposed plat.
Home Removal. The zoning ordinance allows only one principal building per lot. Therefore, the
apphcant will be required to remove the existing principal structure prior to issuance of a building permit
for the lot. Removal of any structure requires a separate demohuon permit.
Tree Preservation. The applicant has submitted a trees inventory and preservation plan illustrating 152
trees. Of these eight (8), or 5.3 will be removed. This plan is in conformance with the tree preservation
standards outline in Section 8.3 of the Zoning Ordinance. It should be noted that the apphcant intends to
custom grade each lot which may or may not cause the removal of additional trees The grading plan for
each lot and its impact on existing trees will be reviewed by staff at the time of building pemut review.
Variance
The two single family lots with a shared driveway required a driveway setback variance from five to zero
feet for each lot. The Planning Commission acting as the Board of Appeals and Adjustment considered
two key issues. The first is whether the applicant has reasonable use of then property without the
variance. The second is whether the project can be redesigned to eliminate or reduce the need for a
variance.
On September 27, 2005, the Board of Appeals and Adjustments held a public hearing on this request and
voted to approve the variance. This approval was based on the findings listed below. Staff found the
findings the same for the current proposal and again recommended re- approvaL
1. Granting a five foot driveway setback variance will not be harmful to the public health, welfare and
safety and will not be damaging to adjacent properties. By Ordinance, each lot is allowed one
access point. Granting the driveway setback variance will consohdate two driveways into one
access points along 120 Street and reduce the impact on the surrounding wetlands.
2. Given the existing surrounding wetlands, strict interpretation of the of the five foot dnveway
setback prevents one of the proposed Lots from having access to a public street, constituting a
hardship and warranting approving the variance.
3. The wetlands that surround the subject property represent an exceptional or extraordinary
circumstance that justifies granting the variance. The wetlands and required 75 foot buffer zone
negates the ability to provide separate driveways for each lot.
4. The strict or literal interpretation of the Zoning Ordinance would deprive one of the proposed lots
access to a pubhc street This would deny one of the proposed lots the same use and enjoyment
(access) as other residential lots.
5. Granting the 5 foot driveway setback variance request will not permit a use which is otherwise
prohibited in the RR, Rural Residential District.
4
CONCLUSION AND RECOMMENDATION
Staff recommends approval of the sunple plat to create two residential lots on the Manley property located
south of 120`" Street. Staff reviewed these requests against the performance standards for properties in
the RR, Rural Residential District, the Subdivision Ordinance, and the Comprehensive Plan Our review
found this proposal in compliance with the minimum lot dimensional and use standards for properties in
this district with the exception of the dnveway setback. The applicant requested a variance for the
dnveway setback and approval of the current plat design is contingent on approval of this vanance. The
Planning Commission acting as the Board of Appeals and Adjustments did grant the variance The
Plannumg Connmssion also adopted a motion recommending approval of the simple plat with conditions.
This recommendation is based on the matenal submitted by the applicant and the findings contained in
this report.
5
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005-
A RESOLUTION APPROVING THE SIMPLE PLATTO SUBDIVIDE THE EXISTING
20.65 ACRE MANLEY PROPERTY INTO TWO SINGLE FAMILY LOTS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Manley Land Development for approval of a simple plat for the property
located south of 120 Street and' of a mile west of Dodd Boulevard in Rosemount, Minnesota,
legally described as follows:
All that part of the Northeast Quarter of the Northeast Quarter of Section 18, Township
115, Range 19, Dakota County, Minnesota, lying northerly of the plat of HANSON
ADDITION, according to the recorded plat thereof, said Dakota County and lying
westerly and southerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter;
thence on an assumed bearing of South 89 degrees 45 minutes 41 seconds West, along
the north line of said Northeast Quarter of the Northeast Quarter, a distance of 450.00
feet to the point of beginning of the line to be described; thence South 01 degrees 31
minutes 48 seconds West, parallel with the east line of said Northeast Quarter of the
Northeast Quarter, a distance of 220.84 feet; thence North 89 degrees 45 minutes 41
seconds East. parallel with the north line of said Northeast Quarter of the Northeast
Quarter a distance of 74.00 feet, to the intersection with a line bearing North 01 degrees
31 minutes 48 seconds East, parallel with said east line, from a point on the south line of
said Northeast Quarter of the Northeast Quarter, distant 376.00 feet west from the
southeast corner of said Northeast Quarter of the Northeast Quarter; thence South 01
degrees 31 minutes 48 seconds West, along said parallel line, a distance of 1097.66 feet
to said south line and there terminating.
Together with:
All that part of the East Half of Government Lot 1, Section 7, Township 115, Range 19,
said Dakota County, lying west of the east 450.00 feet thereof.
WHEREAS, on September 27, 2005, the Planning Commission of the City of Rosemount held a
public hearing to review the simple plat for the Manley property and made the following
findings:
1. The proposed simple plat is consistent with the minimum performance standards for the
Rural Residential zoning and land use designations, with the exception of the driveway
setback.
2. Lots 1 and 2 will share an existing access from 120 Street. This access will straddle the
shared east/west property line. The driveway alignment requires a driveway setback
variance from five to zero feet. The Board of Appeals and Adjustments approved this
variance during its September 27, 2005 meeting.
RESOLUTION 2005-
WHEREAS, the Planning Commission adopted a motion to recommend that he City Council
approve the simple plat for the Manley property based on the findings listed above, subject to
conditions; and
WHEREAS, on October 18, 2005 the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the simple plat for the Manley property and agreed
with the Planning Commission's findings;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the simple plat to subdivide the 20.65 acres Manley property into two single family
lots, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 115, Range 19, according to
the Government Survey thereof. excepting therefrom the East 450 feet of said East Half of
Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section 18,
Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is 376 feet
West of the SE corner thereof, thence North 1099.16 feet, thence West 74 feet, thence
North 220.84 feet to the North line of said section, thence West along the North line of
said section to the Northwest corner of said quarter quarter section, thence south to the
Southwest corner of said quarter quarter section, thence east to the place of beginning, all
according to the Government Survey thereof. Except that part of the above platted as
HANSON ADDITION, according to the recorded plat thereof.
NOW, THEREFORE FURTHER, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the simple plat to subdivide the 20.65 acres Manley property into
two single family lots as described above, subject to:
1. Submission of shared access and maintenance agreements. These documents will be
prepared by the applicant for review and approval by the City Attorney.
2. Dedication of 55 feet of right -of -way spanning the 120 Street (or northern) property line
and dedication 65 feet of right -of -way spanning the eastern property line extending from
the southeastern corner of Lot 2 to the southwestern corner of the Cadwell property.
3. Each lot will be required to provide a well, septic system, drain field and backup drain
field in conformance with all City of Rosemount Title 9, Chapter 6, Dakota County
Ordinance 113, and Minnesota Rules 7080 standards.
4. Provide all necessary easements as required by the City Engineer including, but not
limited, to those listed below. These easements shall be recorded with the proposed
subdivision.
a. A shared access and driveway easement to allow access from both properties to 120
Street.
b. Drainage and utility easements to the high water elevation of all wetlands.
c. A conservation easement over the 75 foot wetland buffer area and wetland mitigation
area.
5. Payment of two units of Park Dedication; the 2005 fee is $3000. This fee shall be paid to
the City prior to recording the proposed plat.
6. The custom grading plan for each lot shall comply with the approved simple plat as well
as the tree preservation performance standards outlined in Section 8.3 of the Zoning
Ordinance and shall be reviewed by staff at the time of building permit.
7. Conformance with the conditions outlined in the February 6, 2004 and September 22,
2005 Project Engineers memos including payment of all applicable development fees.
8. Conformance with all applicable building codes including obtaining a demolition permit
for any existing structures and buildings permits for the two new single family homes.
ADOPTED this 18 day of October, 2005, by the City Council of the City of Rosemount
ATTEST:
Linda Jentink, City Clerk
William H. Droste, Mayor
RESOLUTION 2005-
Motion by: Seconded by:
Voted in favor
Voted against:
Member absent:
Excerpt of Minutes from the Regular Planning Commission Meeting of September
27, 2005.
Public Hearing:
5A. Case 05- 41 -APN Twin Ponds (Manley) Administrative Plat and Variance.
Mr. Lindahl reviewed the staff report. The applicant, Manley Land Development, requests a
simple plat and a driveway setback variance from 5 to zero feet to create two residential lots
for the property legal described as the NE 14 of the NE 1/4 of Section 18- 115 -19 south of
120 Street. These items, along with a rezoning request, were reviewed and approved the
Planning Commission m December of 2003 and the City Council in February of 2004. The
apphcant failed to record those approvals and, by ordinance, the simple plat and variance
requests expired after one year. The rezoning approval has no expiration clause and is still m
effect
Currently, the subject property is a single 20.31 acre parcel containing one single family
home. The apphcant proposes to subdivide this property into two single family lots. Lot 1
will be approximately 5 12 acres while Lot 2 will be approximately 14.33 acres Should the
City approve the simple plat and driveway setback variance requests, the applicant plans to
remove the existing structure and construct two single family homes.
Acting Chairperson Zurn asked the Commission if they had any questions for Mr. Lindahl.
Commissioner Powell confirmed that the shared driveway access creates no public
maintenance responsibility and that it would be the responsibility of the respective property
owners to maintain the shared driveway Mr. Lindahl stated the developer will be required
to execute shared access and maintenance agreements for the shared driveway between the
property owners prior to obtammg a building permit.
Acting Chairperson Zurn invited the applicant to come forward Frank Blundetto, 12969
Diamond Path, Apple Valley, represented Manley Land Development Mr Blundetto stated
that Mr. Lmdahl's report was accurate although he does not believe Manley is required to
have a Wetland Conservation Act permit apphcation.
MOTION by Zurn to adjourn the Planning Comnussion Meeting. Second by
Schultz. Ayes: All. Nayes: None. Motion approved Planning Commission meeting
adjourned at 6.43 p.m.
Acting Chairperson Zurn opened the Board of Appeals and Adjustments meeting.
Acting Chairperson Zurn opened the Pubhc Hearing for the variance application.
MOTION by Schultz to close the Public Hearing. Second by Schwartz Ayes: All.
Nayes: None. Motion approved.
MOTION by Powell to approve a driveway setback variance from 5 to zero feet for
both residential lots to be known as Lots 1 and 2, Twin Ponds Addition.
Second by Schultz. Ayes: All. Nayes. None. Motion carried.
Upon unanimous decision, the Board of Appeals and Adjustments meeting was adjourned at
6.46 p.m.
Acting Chairperson Zurn reconvened the Planning Commission meeting at 6:46 p m and
opened the Public Hearing for the simple plat application.
Mr. Lindahl entered into the record comments received from Albert and Janet Hoff, 12410
Cobblestone Lane, Rosemount, stating that the Hoff's have no objections to the simple plat
but do oppose any access or through street from Cobblestone Lane to 120` Street. Mr.
Lindahl stated he did explain that is not a duect result of this apphcatton but they stall wished
to state their opposition to any through street in this neighborhood.
MOTION by Schwartz to close the Public Hearing. Second by Powell. Ayes: All.
Nayes: None. Motion carried.
Commissioner Powell asked City Engineer Brotzler to clarify the status of the WAC permit
application and if the condition should be altered. Mr. Brotzler responded that it was a
standard comment for the wetlands and based upon his conversation with the developer's
engineer, it was acknowledged that since no work is proposed within the delineated wetland
that a WAC permit is not required. Mr. Brotzler stated if the Commission felt it was
necessary to clarify it, it would be appropnate to strike the statement. Commissioner Powell
stated he would like to delete the condition in the engmeering comments of the report.
Commissioner Zum questioned if Condition 9 could be deleted. Mr. Pearson stated it could
be deleted based upon the previous motion.
MOTION by Powell to recommend the City Council adopt a resolution approving
the simple plat for the Manley property, subject to the following conditions:
1. Submission of shared access and maintenance agreements. These documents
will be prepared by the applicant for review and approval by the City Attorney.
2. Dedication of 55 feet of right -of -way spanning the 120 Street (or northern)
property line and dedication 65 feet of nght -of -way spanning the eastem
property hne extending from the southeastern corner of Lot 2 to the
southwestern corner of the Cadwell property.
3. Each lot will be required to provide a well, septic system, drain field and backup
drain field in conformance with all City of Rosemount Title 9, Chapter 6, Dakota
County Ordinance 113, and Mmnesota Rules 7080 standards.
4. Provide all necessary easements as required by the City Engineer including, but
not limited, to those listed below. These easements shall be recorded with the
proposed subdivision.
a. A shared access and driveway easement to allow access from both
properties to 120 Street.
b. Drainage and utility easements to the high water elevation of all wetlands.
c. A conservation easement over the 75 foot wetland buffer area and
wetland mitigation area.
5. Payment of two units of Park Dedication; the 2005 fee is $3000. This fee shall
be paid to the City prior to recording the proposed plat.
6. The custom grading plan for each lot shall comply with the approved simple plat
as well as the tree preservation performance standards outlined in Secuon 8.3 of
the Zoning Ordinance and shall be reviewed by staff at the time of building
permit.
7. Conformance with the conditions outlined in the February 6, 2004 and
September 22, 2005 Project Engineers memos (attached) including payment of
all applicable development fees.
8. Conformance with all applicable building codes including obtaining a demolition
permit for any existing structures and buildings permits for the two new single
family homes.
Second by Schultz. Ayes: AIL Nayes: None. Motion approved.
Mr. Lindahl stated the Board of Appeals and Adjustments is the final stop for the Variance
portion unless there is an appeal to the filed within 10 working days. The simple plat
portion will move on to the City Council on October 18, 2005.
Excerpt of Minutes from the Regular City Council Meeting of February 17, 2004
Manley Rezoning and Simple Plat
Community Development Director Lindquist reviewed the request by Manley Land
Development for a rezoning from AG, Agriculture to RR, Rural Residential to create two
residential lots and a dnveway setback variance from five to zero feet for property south of
120th Street along with the easement being requested as part of the Manley project. Wetland
restraints Brut where the driveway can be placed The original lot is 20 65 acres and the
resulting lots would be 5.24 acres and 15.41 acres The existing structures would be removed
and two singlefamily homes are proposed The Planning Commission held a Pubhc Heanng
and approved the driveway setback variance request and recommended City Council
approve the rezoning and simple plat apphcations Staff recommends approval Council
noted that approval of this request does not guarantee there are two buildable sites on these
lots. All building codes and septic system requirements would have to be met. A letter was
received representing Richard D. and Vicky L. Hanson of 12275 Cobblestone Lane with
street easement concerns about an outlot that they own south of the Manley parcel. The
outlot has the potential of allowing a through street from McAndrews Road to 120th Street.
Hansons requested that Cobblestone Lane remain a cul -de -sac as it was developed. Staff
would not support giving up that outlot at this time.
Council Member DeBettigrires asked about the Wetland Conservation Act Permit. Jenni
Hattervig from Pioneer Engineering, a consultant engineer for Manleys', said mitigation of
the Wetland Buffer area is in process. No permit is needed because there are no impacts to
the wetland.
MOTION by DeBetugnies to adopt an Ordinance approving the rezoning of the Manley
property from AG, Agriculture to RR, Rural Residential Second by Strayton. Ayes. Shoe
Corrigan, Droste, Strayton, DeBettigmes. Nays: None. Motion canned.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SIMPLE
PLAT to allow the Manley property to subdivide into two single family residential lots
subject to the conditions outlined m the Resolution. Second by Droste. Ayes: Droste,
Strayton, DeBettignies, Shoe Corngan. Nays None Motion carried.
12 -09 -03 Approved minutes Planning Commission Excerpt
Public Hearing: Manley Land Development Lot Split /combo/Rezoning Cont'd
from 11 -25 -03
Assistant Planner Lindahl reviewed the request from Manley Land Development to
rezone and subdivide the Manley property located south of 120 Street and north of
McAndrews Road. The 20 acre parcel would be rezoned from AG, Agriculture to RR,
Rural Residential and would consist of one 5.24 acre residential lot and one 15.41 acre
residential lot.
Frank Blumdetto, representing Manley Land Development, 12969 Diamond Path, Apple
Valley, was present to answer questions regarding this project.
Chairperson Weisensel opened the public hearing.
Sue Stein, 3820 120 Street West, expressed concern about the proposed shared
driveway, the proximately to the wetlands, drainage for the property, ability for other
property owners to subdivide and have a shared driveway, and if there are requirements
for ponding easements for this applicant as there were for her mother.
City Planner Pearson responded that ten years ago there were not many controls in place
for ponding areas. This request does include a conservation easement that will protect
the buffer area and is more restrictive.
Project Engineer, Anthony Aberhold responded that as the project progresses a grading
plan will be submitted, city staff has asked for a utility and drainage easement, and a
conservation easement up to the 75 foot buffer.
John Sleizer, 4090 120 Street West, expressed concern that this proposal hasn't changed
since the previous submission. Areas of concern include the water quality, drain field
encroachment, density and wetlands.
MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes:
Messner, Zum, Anderson, Napper, and Weisensel. Motion carried.
Discussion ensued regarding the impact of surrounding areas, pervious or impervious
driveway surface, drain field design/perk test data, and density.
MOTION by Messner to recommend that the City Council approve the rezoning from
AG, Agriculture to RR, Rural Residential. Second by Zum. Ayes: Zum, Anderson,
Napper, Weisensel, and Messner. Nays: None. Motion carried.
MOTION by Weisensel to recommend that the City council approve the simple plat to
allow the subject property to subdivide into 2 single family residential lots, subject to the
conditions outlined below.
1. Approval of the rezoning from AG, Agriculture to RR, rural Residential.
2. Approval of a driveway setback variance from 5 to zero feet for Lots 1 and
2.
3. Ensure adequate utilities by demonstrating that each lot can provide a well
and both a primary and alternative drain field with no impact on the 75
foot wetland buffer zone.
4. Dedication of all necessary easements as required by the City Engineer
including, but are not limited to a shared access and driveway easement to
allow access from both properties to 120 Street, drainage and utility
easements to the high water elevation of all wetlands, and a conservation
easement over the 75 foot wetland buffer area. These easements shall be
recorded with the proposed subdivision.
5. Payment of $3,600 in park dedication fees prior to recording the plat.
6. Issuance of a demolition permit to remove any existing structures.
7. Submission of a tree inventory and preservation plan for review and
approval by the City prior to City Council action.
8. Submission of a shared maintenance agreement for the shared driveway
for review and approval by the City Attorney.
9. Dedication of 0.66 acres of right -of -way to the City for 120 Street.
10. Conformance with all other requirements of City staff and payment of all
applicable development fees including, but not limited to, park dedication
and GIS fees.
11. Submission of revised plat illustrating no encroachment into the wetland
buffer zone by the proposed drain fields or housing pads. Only the shared
driveway and any associated grading may encroach into the wetland buffer
and any encroachment shall be mitigated on a 2:1 basis.
Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, and Zum. Nays:
None. Motion carried.
MOTION by Weisensel to approve a driveway setback variance from 5 to zero feet for
Lots 1 and 2. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, and
Anderson. Nays: None. Motion carried.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 25
A RESOLUTION APPROVING THE SIMPLE PLAT
TO SUBDIVIDE THE EXISTING 20.65 ACRE
MANLEY PROPERTY INTO TWO SINGLE- FAMILY LOTS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Manley Land Development for approval of a simple plat for the property
located south of 120`" Street and of a mile west of Dodd Boulevard in Rosemount, Minnesota,
currently legally described as follows:
The NE' of the NE' of Section 18-115-19.
WHEREAS, on December 9, 2003, the Planning Commission of the City of Rosemount held a
public hearing to review the simple plat for the Manley property and made the following
findings:
1. The proposed simple plat is consistent with the minimum performance standards for the
Rural Residential zoning and land use designations, with the exception of the driveway
setback.
2. Lots 1 and 2 will share an existing access from 120 street. This access will straddle the
shared east/west property line. This driveway alignment requires a driveway setback
variance from five to zero feet. The Board of Appeals and Adjustments approved this
variance during their December 9, 2003 meeting.
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the simple plat for the Manley property based on the findings listed above, subject to
conditions; and
WHEREAS, on February 17, 2004 the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the simple plat for the Manley property and agreed
with the Planning Commission's findings;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the sunple plat to subdivide the 20.65 acres Manley property into two single family
lots, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 1 15. Range 19, according to
the Government Survey thereof, excepting therefrom the East 450 feet of said East Half of
Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section 18,
Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is 376 feet
West of the SE comer thereof, thence North 1099.16 feet, thence West 74 feet, thence
North 220 84 feet to the North line of said section, thence West along the North line of
said section to the Northwest corner of said quarter quarter section, thence south to the
Southwest corner of said quarter quarter section, thence east to the place of beginning, all
RESOLUTION 2004 _25_
according to the Government Survey thereof. Except that part of the above platted as
HANSON ADDITION, according to the recorded plat thereof.
NOW, THEREFORE FURTHER, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the simple plat to subdivide the 20 65 acres Manley property into
two single family lots as described above, subject to:
1. Submission of shared access and maintenance agreements. These documents will be
prepared by the applicant for review and approval by the City Attorney.
2. Dedication of 55 feet of right of way spanning the 120 Street (or northern) property line
and dedication 65 feet of right -of -way spanning the eastern property line extending from
the southeastern corner of Lot 2 to the southwestern corner of the Cadwell property.
3. Each lot will be required to provide a well, septic system, drain field and backup drain
field in conformance with all City of Rosemount Title 9, Chapter 6, Dakota County
Ordinance 113, and Minnesota Rules 7080 standards.
4. Provide all necessary easements as required by the City Engineer including, but not
limited, to those listed below. These easements shall be recorded with the proposed
subdivision.
a. A shared access and driveway easement to allow access from both properties to
120 Street.
b. Drainage and utility easements to the high water elevation of all wetlands.
c. A conservation easement over the 75 foot wetland buffer area.
5. Payment of $4,800 (2 X $2,400) in park dedication fees for two new residential lots.
This fee shall be paid to the City prior to recording the proposed plat.
6. The custom grading plan for each lot shall comply with the tree preservation performance
standards outlined in Section 8.3 of the Zoning Ordinance and shall be reviewed by staff
at the time of building permit.
7. Conformance with the conditions outlined in the February 6, 2004 Project Engineers
memo (attached) including payment of all applicable development fees.
8. Conformance with all applicable building codes including obtaining a demolition permit
for any existing structures and buildings permits for the two new single family homes.
ATTEST:
ADOPTED this 17 day of February, 2004, by the City Council of the City of Rosemount.
Linda Jentink, City Clerk
William H. Droste, Mayor
Motion by: DeBettignies Seconded by: Droste
Voted in favor: Droste. Stravton, DeBettiames. Shoe Corrigan
Voted against: None
Member absent: Riley
RESOLUTION 2004 _25_
City of Rosemount
Ordinance No. 13 136
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Manley Land Development
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1. Ordinance B, adopted September 19. 1989, entitled "City of Rosemount
Zoning Ordinance," is hereby amended to rezone from AG, Agriculture to RR, Rural
Residential, the following properties located south of 120 Street and of a mile west of
Dodd Boulevard in Rosemount, Minnesota, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 115, Range 19,
according to the Government Survey thereof, excepting therefrom the East 450
feet of said East Half of Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section
18, Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is
376 feet West of the SE corner thereof, thence North 1099.16 feet, thence West 74
feet, thence North 220.84 feet to the North line of said section, thence West along
the North line of said section to the Northwest corner of said quarter quarter
section, thence south to the Southwest corner of said quarter quarter section,
thence east to the place of beginning, all according to the Government Survey
thereof. Except that part of the above platted as HANSON ADDITION, according
to the recorded plat thereof.
Section 2. The Zoning Map of the City of Rosemount, referred to and described in
said Ordinance No. B as that certain map entitled "Zoning Map of the City of
Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and
made part of this Ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
ENACTED AND ORDAINED into an Ordinance this 17 day of February, 2004.
ATTESTE:
Linda Jentink, City Clerk
CITY OF ROSEMOUNT
William H. Droste, Mayor
Published in the Rosemount Town Pages this 27th day of February 2004.
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