No preview available
HomeMy WebLinkAbout6.l. Great River Energy Lot Split, 05-23-LSAGENDA ITEM: Case 05 -23 -LS Great River Energy Lot Split AGENDA SECTION: Consent PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. 61 ATTACHMENTS: Lot Split Resolution, Location Map, Survey, Excerpt of Planning Commission Minutes May 24, 2005 APPROVED BY: RECOMMENDED ACTION: Motion to adopt a resolution approving the Lot Spilt as requested by Great River Energy, subject to conditions 4 ROSEMOUNT City Council Regular Meeting: July 11, 2006 ISSUE Great River Energy has purchased six parcels of land from Pme Bend Development Company. Ehlers Path crosses two of the parcels, isolating smaller fragments east of the bend in 140 Street East, south of the SKB landfill. The lot split apphcation will separate the parcel north of Ehlers Path from the rest of the West 1 /z of the Northeast 1 /4 of Section 29, to be retained by Pme Bend Development Company. The East i of the Northeast 1/4 of Section 29 will be similarly spht, but that lot split is not subject to the City of Rosemount Subdivision Ordinance. State statute allows division of the eastern property without approval by the local government due to the size of the parcel and the parcels created. The Planning Commission held a public hearing on May 24 2005 to discuss the lot split application. The Commission was comfortable with the conditions as recommended by staff and recommended approval of the request The apphcant had expressed concern about the park dedication fees, given the amount due based upon the adopted fee schedule. Since that time apphcant and staff have been workmg to resolve the park dedication fee issue. The recommended outcome is explained in the section below. BACKGROUND Apphcant Property Owner(s): Location: Lot Spht Data: Comp. Guide Plan Desig: 42/52 Land Use Study Recommendation. Current Zorung: CITY COUNCIL Jim Anderson, representing Great River Energy Ehlers Path, south of the SKB landfill Ongmal Parcel North Parcel South Parcel 79 32 acres 4 06 acres 75.26 acres Mixed Use Industrial (4 western parcels) includes the westerly 79.32 -acre parcel Agriculture (2 eastern parcels) includes the 80.89 -acre easterly parcel South 80 acres Business Park, North 80 acres Mixed Use Industrial. Agriculture EXECUTIVE SUMMARY SUMMARY Great River Energy has purchased approximately 330 acres of land from Pine Bend Development Company, a large landowner east of U.S 52. The land consists of six large parcels of which portions of two extend beyond the purchase area, the area north of Ehlers Path. It is anticipated that the southern property is intended for the future construction of a power plan The tuning for the power plant construction has been delayed from what was initially expected. However, recently, staff has met with Great River Energy representatives who are looking at this site, as well as other GRE landholdings, for expansion.. The combined properties are bounded by: West Rich Valley Golf Course South County Road 42 East Emery Ave. North 140` Street East Ehlers Path (SKB Landfill and Agricultural land) There are two other properties within the area descnbed above, south of Ehlers Path and west of Emery Avenue that are not included in the purchase. A residential property of 2.56 acres, and a small mdustnal company on 5 71 acres that makes concrete vaults (formerly A -1 Concrete). The primary objective of the review is to ensure that no parcels are being created that would be non conforming to apphcable standards. The current zoning of all of the parcels is Agriculture with a minimum lot size of 2.5 acres (normally for agricultural residential use). In this case, the smallest parcel (northwest) being created is 4.06 acres h has a triangular shape with a lot depth ranging from about 340 feet on the east side to zero as the road right -of -way tapers to the property line. It is not uncommon for larger agricultural properties to be bisected by roads as in this particular case. Ehlers Path also happens to be old County Road 38 and has been in existence for many years. The sphttmg of the parcels has been a functional reality as long as the road has been in place. Now, separate ownership may ultimately facilitate development m the area and cause upgrading of the road It is unlikely that the power plant development will need the entire 332.9 acres and perhaps additional subdivision of the properties will occur to allow additional development. FUTURE LAND USE The 42/52 future land use map shows the southern half of the properties along CSAH 42 to be Business Park and the northern half Mixed -Use Industrial. The small northwesterly parcel (north of Ehlers Path) is shown as Waste Management as an extension of the SKB site. The easterly parcel is Mixed -Use Industrial. It is possible that industrial or business park development will not occur for many years. The property owners m the future may explore residential development as an interim use for land that is still guided and zoned for agncultural use. Therefore, the City Attorney has recommended the recording of restrictive covenants on the larger parcels limiting them each to one dwelling unit. The intent is to discourage the potential for future subdivisions yielding more than 1 dwelling unit out of the 75.26 acres south of Ehlers Path. PARK DEDICATION Parkland Dedication will be in the form of fee -in -lieu of Parkland Dedication. 2 The current zoning of all the land is Agricultural, and the Comprehensive Plan Designation is Mixed Use Industrial. The apphcant has indicated that the large southern parcel is being acquired for development of the power plant and compatible industrial or business park uses. It is assumed given the land uses m the area the properties north of Ehlers Path will also be developed as industrial. This belief is reinforced by the proposed 42/52 land use plan which recommends a combination of business park and mixed industrial m the entire area The City 2006 Fee Schedule states that the Industrial Parkland Dedication charged at a rate of $50,000 an acre. This rate would equate to a fee -in -heu of Parkland Dedication of $396,600. Great River Energy's attorneys, Stem and Anderson, stated that the computed fee exceeds the "rough propornonahty" test as required by State Statute and countered that the fee should be based on actual the actual sale pnce of $15,000 an acre Staff agrees that the sale price is a more reasonable basis for calculation of the Parkland Dedication fee and recommends a fee -in-lieu charge of $118,980 (10% of 79.32 acres times $15,000 per acre) conditioned on provision of the proof of sale price. EASEMENTS The City Engineer has indicated that 100 foot right -of -way easements (50 -feet on each side of the centerline) should be dedicated to the City over Ehlers Path if not previously recorded, as well as dedication to the County of a 75 foot north half of nght -of -way (75 -feet north of the centerline) of County Road 42. Additionally, standard drainage and utility easements for each of the created lots per the subdivision ordinance should be dedicated. CONCLUSION The lot split will not create a non conforming situation. The split essentially formalizes the division of property that functionally occurred with the original construction of the road. Staff's view is that even though development is not imminent, future subdivisions may or may not occur, given the anticipated large scale of the intended industrial uses including the power plant. Given the current situation, and what staff believes to be the intended uses on the property, it is reasonable to obtain park dedication fees based upon the actual sale price of the land. RECOMMENDATION Recommend that the City Council approve the lot split requested by Great River Energy, subject to conditions. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006- A RESOLUTION APPROVING THE LOT SPLIT REQUEST FROM GREAT RIVER ENERGY TO SPLIT THE PARCEL LEGALLY DESCRIBED AS THE WEST OF THE NORTHWEST' OF SECTION 29, TOWNSHIP 115, RANGE 18 WHEREAS, the Community Development Department of the City of Rosemount received an application from Great River Energy requesting the Lot Split of the property legally described as: The West 1 /2 of the Northwest of Section 29, Township 115, Range 18 WHEREAS, on May 24, 2005, the Planning Commission of the City of Rosemount held a public hearing to review the Lot Split; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Lot Split requested by Great River Energy. legally described as follows: Great River Energy Description: That part of the West of the Northwest 1/4 of Section 29, Township 115, Range 18, lying southerly of the centerline of Right -of -Way of County Road No. 38 (Ehler's Path) as shown on Dakota County Road Right -of -Way Map No. 81 filed December 27, 1988 Doc. #871736. Pine Bend Development Description: That part of the West of the Northwest 1/4 of Section 29, Township 115, Range 18, lying northerly of the centerline of Right -of -Way of County Road No. 38 (Ehler's Path) as shown on Dakota County Road Right -of -Way Map No. 81 filed December 27, 1988 Doc. #871736. WHEREAS, on July 11, 2006, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split requested by Great River Energy; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Lot Split requested by Great River Energy, legally described as follows: Great River Energy Description: That part of the West' of the Northwest 14 of Section 29, Township 115, Range 18, lying southerly of the centerline of Right -of -Way of County Road No. 38 (Ehler's Path) as shown on Dakota County Road Right -of -Way Map No. 81 filed December 27, 1988 Doc. #871736. Pine Bend Development Description: That part of the West of the Northwest 14 of Section 29, Township 115, Range 18, lying northerly of the centerline of Right -of -Way of County Road No 38 (Ehler's Path) as shown on Dakota County Road Right -of -Way Map No. 81 filed December 27. 1988 Doc. #871736. NOW, THEREFORE, FURTHER BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Split requested by Great River Energy, subject to: ATTEST: 1. Payment of G.I.S. established by the current fee schedule. 2. Recording of restrictive covenants for the parcel south of Ehlers Path to limit the potential for dwelling units to a maximum of 1, ensuring 1 per 40 density. 3. Dedicate the 100 feet right -of -way for Ehlers Path (50 feet on each side of the centerline) if not previously recorded and standard drainage and utility easements per the Subdivision Ordinance. 4. Dedicate the 75 feet of the north half of right -of -way for County Road 42 (75 feet on the north side of the centerline). 5. Provide documentation of the sale price of the land paid by Great River Energy to Pine Bend Development. Parkland Dedication Fees will be determined by the lesser of the amount Great River Energy paid per acre or the amount in the City Fee Schedule (2006 Fee Schedule: $50,000 per Industrial Acre). ADOPTED this 11 day of July, 2006 by the City Council of the City of Rosemount. Amy Domeier, City Clerk Motion by: Voted in favor: Voted against: Member absent William H. Droste, Mayor RESOLUTION 2006 Second by: 2 PROPERTY ID NUMBER 34-02900 -011 -25 FEE OWNER PAYABLE 2006 TAXES NET TAX SPECIAL ASSESSMENTS TOTAL TAX 8 SA PAYABLE 2007 ASMNT USAGE AG -GREEN ACRES 1,56074 0 00 1,56074 C EA-7 v e2 EASERc y (R Pr;CEL$ f 5 NOTE Dimensions rounded to nearest toot Copyright 2006 Dakota County This drawing is neither a legally recorded map nor a survey and is not Intended to be used as one This orawrg is a compilation of records, Infonnatior and data located in various city, county, and state offices and otner sources, affecting the area shown, and Is to be used for reference purposes only Dakota County Is not responsible for any Inaocuraoles herein contained If discrepancies are found, please con-act Dakota County Survey and Land Infonnaton Department Map Date July 6, 2006 Parcels Updated 6/29/2006 Penal Photography 1990 SITE MAP 2006 ESTIMATED MARKET VALUES (PAYABLE 2007) 2006 BUILDING INFORMATION (PAYABLE 2007) PINE BEND DEVELOPCO LAND 445300 LOT SIZE NO DATA AVAILABLE M G ASTLEFORD CO BUILDING BOX 110 705 CENTRAL AVE E TOTAL 445,300 3,276 201 TOTAL SD FT SAINT MICHAEL MN 55376-8422 75 26 TOTAL ACRES SCHOOL DISTRICT 196 110 675 ROAD RAN SQ FT LOCATION NE1/4 NW1 /4 SECTION 29- 115-18 PAYABLE 2007 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT (C7RE) so3c\ELT ?b CoutVr;y 2c)41 1 b CITY SUQb. O Lt4AdCC 1 To city soab. PARCELS 0 8e ,SPu. u T 4 ath Rc t o I,.S by Plo-tzr 13E P& bE f Lo O m PLAT NAME SECTION 29 TWN 115 RANGE 18 TAX DESCRIPTION E 1/2 OF NW 1/4 SUBJ TO HWY ESMNT PARCEL 11 ON CTY RAN MAP 21C EX PT LYING NLY OF CR 38 29 115 16 ZabsT 0 �s —mmigia 0 ff »0 G Li 0 ec CTS LIJ Cga O in 0 ^w a 0 1 a Public Hearing: 5C. Case 05 -23 -LS Great River Energy Lot Split. City Planner Pearson reviewed the staff report. Great River Energy has purchased six parcels of land from Pine Bend Development Company. Ehlers Path crosses two of the parcels, isolating smaller fragments east of the bend in 140 Street East, south of the SKB landfill. The lot split apphcations will separate the parcels north of Ehlers Path from the bulk of the two lots, to be retained by Pine Bend Development Company. Chairperson Messner asked the Commission for any questions for Mr. Pearson. Chairperson Messner questioned what the minimum lot size requirement would be for the remnant parcels. Mr. Pearson stated the minimum lots size for industrial parcels is typically five acres and the northerly one here is a little bit less than that. The zoning is Agncultural and the minimum lot size is 2.5 acres. Discussion was held regarding minimum lot size requirements, replotting and development of the property. Chairperson Messner opened the Pubhc Heating. There were no public comments. MOTION by Humphrey to close the Pubhc Hearing. Second by Zurn Ayes: Zurn, Messner and Humphrey Nayes: None. Motion carried. Chairperson Messner asked for any follow -up questions or discussion. MOTION by Messner to recommend that the City Council approve the lot splits requested by Great River Energy subject to: 1 Payment of G.I S. and Park dedication fees at industrial rates as established by the current fee schedule. 2. Provision of a 20 feet wide trail easement along the north side of the Ehlers Path right of -way. 3. Approval of the Dakota County Plat Commission as needed. 4 Recording of restrictive covenants for the two parcels south of Ehlers Path to limit the potential for dwelling units to a maximum of 2, ensurmg 1 per 40 density. 5. Dedicate tight -of -way for Ehlers Path if not previously recorded and standard drainage and utility easements per the Subdivision Ordinance.. Second by Humphrey. Ayes: Zurn, Messner and Humphrey. Nayes: None. Motion approved.