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Home My WebLink About7.a. ublic Right-of-Way Vacation of Chinchilla AvenueAGENDA ITEM: Case 06- 45 -PP -V Chinchilla Avenue Vacation AGENDA SECTION: Public Hearing PREPARED BY: Eric Zweber, AICP; Senior Planner AGENDA NO. 7.4. ATTACHMENTS: Vacation Resolution, Rosemount Hills 5th Addition Site Plan, Proposed Joint Access Easements Diagrams APPROVED BY: 2 RECOMMENDED ACTION: Motion to adopt a resolution approving the Vacation of the Right -of -Way of Chinchilla Avenue south of the cul -de -sac lying south of 127 Court West, 4ROSEMOL1NT CITY COUNCIL City Council Regular Meeting: January 16, 2007 EXECUTIVE SUMMARY ISSUE On the agenda under New Business the Council will be taking action on the prehminary plat for Rosemount Hills 5rh Addition to subdivide an eleven acre parcel into two parcels for the construction of single family homes. The current public access to the site, as well as access to another undeveloped site owned by James and Marie Jordon, is via a platted but not constructed right -of -way for Chinchilla Ave. Chinchilla Ave currently ends m a cul -de -sac just south of the intersection of Chinchilla Avenue and 127 Court West (north of the subject property). The undeveloped right -of -way and the proposed subdivision are heavily wooded with steep slopes and a wetland that would be crossed. Typically, Chinchilla Avenue would be extended as a pubhc road, but constructing a road to city standards would significantly impact this environmentally sensitive area The apphcant is proposing a pavement width of 22 feet due to the environmental sensitivity. Staff is agreeable to this standard if the street is private because it would serve only three lots (the two created by Rosemount Hills S`'' Addition and the one Jordan parcel to west). Further a private road would not be maintained by the City, although an easement would be put m place to make sure there is pubhc access to affected lots. Conversely, staff wants to make it clear that support of the private drive is in part denved from the fact that only 3 lots will be served If m the future additional development is requested by property owners, staff would expect a public road would be installed. The construction of the private drive requires the approval of a variance for the creation of lots without public street frontage. At their December 26, 2006 meeting, the Planning Commission serving as the board of Appeals and Adjustments approved this variance request with the condition that the City Council vacate the Chinchilla Avenue right -of -way south of the existing cul -de -sac. This is the vacation request before the Council tomght. As condition of the right -of -way being vacated, the applicant will record an access easement over the former nght -of -way that will provide access for the two parcels of this subdivision and the currently vacant Jordan parcel to the west. Beginning at the point were the private street will enter the current 11 acre parcel and ending at the boundary of the two proposed parcels, the applicant will record a 30 wide point access easement for the two parcels. With the establishment of these access easements, all the parcels will have a dedicated access to the existing Chinchilla Avenue cul -de -sac. RECOMMENDATION Staff recommends the approval of the vacation of the Chinchilla Avenue nght -of -way as described within the provided resolution. Should the Council not support the Rosemount Hills 5 Addition preliminary plat as proposed in the Planning Commission recommendation, the Council should table or deny the vacation request 2 AND CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007- A RESOLUTION APPROVING THE VACATION OF THE RIGHT -OF -WAY FOR CHINCHILA AVENUE SOUTH OF THE CUL -DE -SAC LYING SOUTH OF 127 COURT WEST WHEREAS, the Community Development Department of the City of Rosemount received an apphcation from John Tapper requesting Prehnunary Plat of an eleven acre parcel into two parcels, legally described as That part of the Southwest Quarter of Section 17, Township 115, Range 19, Dakota County, Minnesota described as follows: Beginning at the southwest corner of Lot 1, Block 2, ROSEMOUNT HIT T S SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota; thence North 87 degrees 03 minutes 21 seconds East along the south line of said ROSEMOUNT HILLS SECOND ADITION a distance of 604.78 feet to the southeast comer of Lot 2, Block 2, said ROSEMOUNT HILLS SECOND ADDITION; thence South 2 degrees 56 minutes 39 seconds East a distance of 720.26 feet; thence South 87 degrees 03 minutes 21 seconds West a distance of 604 78 feet; thence North 2 degrees 56 minutes 39 seconds West a distance of 720 26 feet to the point of beginning. (Title Commitment No. 114 497979) That part of the Southwest Quarter of Section 17, Township 115, Range 19, Dakota County, Minnesota described as follows. Commencing at the southwest corner of Lot 1, Block 2, ROSEMOUNT HILLS SECOND ADDITION, according to the recorded plat thereof, said Dakota County, thence easterly, on an assumed bearing of North 87 degrees 03 minutes 21 seconds East, along the south line of said ROSEMOUNT HILLS SECOND ADDITION, a distance of 604.78 feet to the southeast corner of Lot 2, said Block 2; thence South 2 degrees 56 minutes 39 seconds East a distance of 720.26 feet; thence South 87 degrees 03 minutes 21 seconds West a distance of 604.78 feet to the point of beginning of the land to be descnbed; thence northerly to the southwest corner of said Lot 1; thence westerly to the southeast comer of Lot 5, Block 1, said ROSEMOUNT HILLS SECOND ADDITION, thence southerly to the hereinafter descnbed "Point A"; thence easterly to the point of beginning. WHEREAS, on December 26, 2006, the Planning Commission of the City of Rosemount reviewed the Preliminary Plat and Vanance request for the creating of lots without pubhc street frontage; and WHEREAS, on December 26, 2006, the Planning Commission of the City of Rosemount conducted a pubhc hearing for review of the Preliminary Plat and Variance application as required by Ordinance B, the Subdivision Regulations; and WHEREAS, the Planning Commission found that the Vanance request serves the public interest by constructing a private dnve that serves a maximum of three lots to preserve areas that are environmentally sensitive due to topography, forestation and wetland provided that the pnvate drive meets fire code minimum standards; and RESOLUTION 2007 WHEREAS, the Planning Commission, serving as the Board of Appeals and Adjustments, approved the Variance requested subject to conditions, including that the City Council approve the Vacation of the Right -of -Way of Chtnclvlla Avenue south of the cul -de -sac lying south of 127th Court West; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Preliminary Plat subject to conditions, including that the City Council approve the Vacation of the Right -of -Way of Chinchilla Avenue south of the cul -de -sac lying south of 127th Court West; and WHEREAS, on January 16, 2007, the City Council approved the Preliminary Plat subject to conditions; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Right -of -Way of Chinchilla Avenue south of the cul -de -sac lying south of 127th Court West legally described as Subject to: ATTEST: That part of Chinchilla Avenue lying between Lot 5, Block 1 and Lot 1, Block 2 of ROSEMOUNT HILLS SECOND ADDITION, Dakota County, Minnesota, which lies south of the south line of that 60 00 foot radius circle the center of circle of which is the center of the cul-de -sac lying between said Lot 5, Block 1 and said Lot 1, Block 2. 1. The recording of a joint access easement across the former right-of-way to the James and Marie Jordan parcel and the two parcels of Rosemount Hills 5' addition. ADOPTED this 16th day of January, 2007 by the City Council of the City of Rosemount. Amy Domeier, City Clerk William H. Droste, Mayor 2 RESOLUTION 2007 Motion by: Second by: Voted in favor: Voted against Member absent: 3 1 C2 -1 1„__ m 014 I® SR[ run I I- '2I 1 k r 1F 1 1'i i l 1 4 1 li ,11, k. it f i rli r r[ASr eJ v war I f i. L_ l oft STREET VACATION AND ACCESS EASEMENT EXHIBIT i y® I14F :tar