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Home My WebLink About6.i. Lot Split Request by Minnova Land, LLC, Case 11-02-LSAGENDA ITEM: Case 11- 02 -LS: Lot Split Request by Minnova Land, LLC AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. V i ATTACHMENTS: Resolution, Location Map, Parcel Split Sketch, Easement Sketch, County Road 73 ROW Easement Parcel Sketch, Applicant Cover Letter, Subdivision Agreement, Excerpt from the February 22 Planning Commission Minutes APPROVED BY: 0n1 RECOMMENDED ACTION: Staff recommends the City Council make the following two motions: 1. Motion to adopt a Resolution Approving the Lot Split request from Minnova Land, LLC subdividing parcel 34- 02200 030 -75 into two parcels. 2. Motion to authorize the execution of the Minor Subdivision Development Agreement allowing one development entitlement Parcel B and prohibiting the development of additional units on Parcel A until such time as it is rezoned to a classification that permits additional units. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: March 15, 2011 EXECUTIVE SUMMARY SUMMARY The applicant, Minnova Land, LLC, requests lot split approval to allow the subdivision of an existing 57.87 acre parcel into two parcels, one parcel (Parcel A) of 23.41 acres and the other parcel (Parcel B) 34.46 acres. Minnova Land, LLC will be marketing the 23.41 acre parcel to residential developers. FEBRUARY 22 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the Minnova Lot Split during their meeting on February 22, 2011. John Chadwick, representing Minnova, was present at the meeting. Mr. Chadwick stated that Minnova had a purchase agreement on the property since 2002 and looks forwarding to developing the property once the economy can support it. No residents spoke during the public hearing. The Planning Commission unanimously recommended approval of the Lot Split with conditions recommended by staff. BACKGROUND Applicant Property Owner(s): Location: Area in Acres: Acres) Comprehensive Plan Designation: Current Zoning: Minnova Land, LLC East side of Akron Avenue (County Road 73)about1/2 mile north of CSAH 42 and 1 /4 mile south of Bonaire Path 57.87 Acres (Parcel A 23.41 Acres and Parcel B 34.46 MDR Medium Density Residential AG Agricultural The applicant, Minnova Land, LLC, requests lot split approval to allow the subdivision of an existing 57.87 acre parcel into two parcels, one parcel (Parcel A) of 23.41 acres and the other parcel (Parcel B) 34.46 acres. The purpose of the lot split is to exercise the purchase agreement with the original land owners, Wayne and Sheila Groth. The lot split would facilitate creation of a new parcel (Parcel A) to be owned independently by Minnova Land, LLC and available for residential development. The remaining 34.46 acre Parcel B would remain subject to the purchase agreement between the Groths and Minnova. The property is located on the east side of Akron Avenue (County Road 73) approximately 1/2 mile north of CSAH 42 and directly south of the Union Pacific rail line resulting in a trapezoid shaped parcel. Akron Avenue was reconstructed and paved last year with a three lane design (one lane each direction with turn lanes). There is a power line running along the southern boundary of the property and another power line running along the eastern boundary. Akron Avenue is designated a major collector road and as such the land adjoining has limited access. During reconstruction, an access to the property was installed just north of the power lines on the southern boundary. This is intended as a full access, the only access for the property, from Akron Avenue. The proposed lot split will be made by installing a new property line running east to west located 770 feet north of the existing southern boundary. The lot split will create a 23.41 acre southern parcel (Parcel A) rectangular in shape and a 34.46 acre northern parcel (Parcel B) trapezoid in shape. Parcel A will have the access onto Akron Avenue. To maintain access to Parcel B, a 33 foot wide ingress and egress easement will be dedicated along the southern and eastern boundaries of Parcel A. It is anticipated that the easement is available only while the property is undeveloped. When Parcel A is developed, the local road network created with the development will provide a permanent public access to Parcel B. ISSUE ANALYSIS Standards for reviewing subdivision requests are contained in Title 12 of the Rosemount City Code the Subdivision Regulations. Overall, this application meets the minimum requirements of the Subdivision Regulations as well as the lot and dimensional standards for the associated land use and zoning classifications. The applicable standards along with staff findings related to each are provided below. Land Use and Zoning. The proposed lot split request is consistent with the land use and zoning classifications of the properties. The existing parcel is currently zoned AG Agricultural. Lot standards for the AG, Agricultural district are detailed in the table below. 2 Lot Analysis Lot Lot Size (sq. ft.) Lot Width (feet) Proposed Lot Depth Required (feet) Proposed Status Required Proposed Required Parcel A 2.5 Acres 1 Unit /40 Acre Density 23.41 Acres 300 845 N/A 1,320 Conforming Parcel B 34.46 Acres 770 1,320 Conforming Access. Access to Parcel A was installed with the reconstruction of the Akron Avenue. Parcel B will have the ability to have an immediate public access to Akron Avenue via a 33 feet wide ingress and egress easement along the southern and eastern boundaries of Parcel A. Future access to Parcel B is anticipated via the local road networks constructed during development of Parcel A and the property to the east. Right -of -way and Utility Easements. The Parcel Split Sketch created by Pioneer Engineering shows only the 33 feet existing ingress and egress easement on the south boundary and the former 33 feet prescriptive easement for Akron Avenue. There are a number of easements missing from the Parcel Split Sketch, including the utility easements for the power lines on the southern and eastern boundaries, as well as the expanding right -of -way and drainage easements acquired for the Akron Avenue reconstruction. A staff recommended condition of lot split approval is to illustrate all drainage, right -of -way and utility easements on the Parcel Split Sketch in addition to the ingress and egress easements. Parks and Open Space. The Park and Recreation Department has reviewed the proposed lot split and recommends the applicant pay a park dedication fee in lieu of land equal to one residential unit or $3,400. Sidewalks and Trails. A trail on both sides of Akron Avenue was installed during the reconstruction. Sidewalks and trails will be constructed during the future development of the parcels per the Pedestrian and Bicycle Master Plan. RECOMMENDATION Staff recommends adopting the resolution approving the lot split and the execution of the subdivision agreement prohibiting building on Parcel A until it is rezoned for development. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011- A RESOLUTION APPROVING A LOT SPLIT REQUEST FROM MINNOVA LAND, LLC SUBDIVIDING AN EXISTING 57.87 ACRE PARCEL (PARCEL #34- 02200 030 -75) INTO A 23.41 ACRE PARCEL (PARCEL A) AND A 34.46 ACRE PARCEL (PARCEL B) WHEREAS, the Community Development Department of the City of Rosemount received an application from Minnova Land, LLC (herein after the "Applicant requesting a Lot Split to divide the 57.87 acre parcel (herein after the "Existing Tax Parcel legally described as follows: All that part of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying south of the southerly right of way line of the Union Pacific Railroad; WHEREAS, the Applicant's Lot Split request proposes to subdivide the Existing Tax Parcel into a 23.41 acre parcel and a 34.46 acre parcel; and WHEREAS, on February 22, 2011, the Planning Commission of the City of Rosemount held a Public Hearing to review the proposed Lot Split and found it consistent with the Subdivision Ordinance as well as the lot and dimensional standards for the associated land use and zoning classifications; and WHEREAS, on February 22, 2011, the Planning Commission adopted a motion to recommend that the City Council approve the proposed Lot Split, subject to conditions; and WHEREAS, on March 15, 2011, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split requests and agreed with the Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Applicant's lot split request to subdivide the existing tax parcel into two (2) properties identified as Parcels A and B on the attached survey (EXHIBIT A) and legally described below. This approval is also subject to the conditions listed below. Parcel A: The South 770.00 feet of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. Parcel B: All that part of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying south of the southerly right of way line of the Union Pacific Railroad, EXCEPT the South 770.00 feet thereof. Conditions of approval: 1. Execution and recording of the Minor Subdivision Agreement and Declaration stating that no additional units will be allowed on Parcel A until such time as they are rezoned to a classification that permits additional units. Parcel B is allowed one dwelling unit in conformance with the standards of the AG, Agriculture district. ATTEST: Amy Domeier, City Clerk 2 RESOLUTION 2011 2. Recording of the 33 foot ingress and egress easement to Parcel B along eastern boundary of Parcel A. 3. Display all drainage, right -of -way and utility easements recorded on the parcels. 4. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and one (1) unit of Park Dedication equal to $3,400. ADOPTED this 15th day of March, by the City Council of the City of Rosemount. William H. Droste, Mayor Minnova Land, LLC Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 800 feet C 0 Y Q 55 200 100 0 200 PI NEER engineercng CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS (651)681.1914 Fax: 681 -9488 www.pioneereng.com 2422 Enterprise Drive Mendota Heights. MN 55120 55 33 O 3 n 0 O 0 T J itt 1 S89 °18'12 "E T n_ T 'TA 1 PARCEL B 34.46 AC L n -NORTH LINE OF SOUTH 77000 FEET r O J Z r` PARCEL A 23.41 AC n\ \LI \V EXISTING INGRESS AND EGRESS EASEMENT PER v DOC. NO. 2315295 S89 "E 1323.83 PROPOSED PARCEL SPLIT Sca)e in Feet REVISED: 1/17/11 Cad File: 111003000 PARCEL SPLIT SKETCH Folder 7322 Drawn by: PJB r s f; 4 1324.40 i n O 0 n PARCEL A: The south 770.00 feel of the West Half of the Soulheosl Ouorler of Section 22, Township 115. Rouge 19, Dokolo County. Minnesota. CO 0) N SIGNED: IONEER ENGINEERING. PARCEL B: All that port of the West Half of the Southeast Ouorler of Section 22, Township 115, Range 19. Dakota County, Minnesota lying south of the southerly right of woy line of the Union Pacific Railroad, EXCEPT the south 770.00 feel thereof. THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A DRAWING PREPARED BY DELMAR N. SCHWANZ DATED 12- 26 -02. NO OTHER SURVEY WORK WAS DONE BY THE SURVEYOR TO DETERMINE THE BOUNDARIES OF THE PARCELS. THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO MINNOVA LAND, LLC THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME. OR UNDER MY DIRECT SUPERVISION, AND THAT I AM 1°vrYna 11N0FR THE I AWS OF THE STATF OF MINNFSOTA DATED THIS 1171-1 DAY OF JANUARY, 2011. BY: John C. Corson, Professional Lond Surveyor Minnesolo License No. 19828 Description Sketch for: MINNOVA LAND, LLC W li O CC CC W W f- z o oo 5 I W to W 1— I- D 0 O 55 3 3 2422 Enterprise Drive Mendota Heights, MN 55120 i r- oo r .J O r N. J N PI e CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS (651) 681 -1914 Fax: 681 -9488 www.pioneereng.com Scale in Feet REVISED: 1/17/11 NORTH LINE OF SOUTH 770.00 FEET J PROPOSED INGRESS AND EGRESS EASEMENT f SIGNED: IONEER ENGINEETfNfG, P.A. Description Sketch for: MINNOVA LAND, LLC X33 PROPOSED INGRESS AND EGRESS EASEMENT 7 J C 1\ Y v �l v n I v 1 J fJ r A I C. J r v J �1 EXISTING INGRESS AND EGRESS EASEMENT PER< DOC. NO. 2315295 (9 133 Sheet 1 of 1 A 33.00 foot wide easement for ingress and egress purposes lying over, under and ocross the east 33.00 feet of the south 770.00 feet of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A DRAWING PREPARED BY DELMAR N. SCHWANZ DATED 12- 26 -02. NO OTHER SURVEY WORK WAS DONE BY THE SURVEYOR TO DETERMINE THE BOUNDARY OF THE PARCEL. THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO MINNOVA LAND, LLC THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 11TH DAY OF JANUARY, 2011. John C. Larson, Professional Land Surveyor Cad File: 111003000 EASEMENT SKETCH Folder 7322 Drawn by: PJB MiltWEIREMEMIREEMBI PARCEL 6 Prepared by: W 1M EXISTING PLATTED 55' OF WAY RIGH N rb Avenue SaTTITT,T1.a mo WB „e Aw. a y."' STING (RECORDED) SIREE%, URUTY k DRAINAGE EASE, PER DOC 2600994 TEMP EASE. TEMP EASE. EXISTING (RECORDED) UTILITY DRAINAGE EASE. PER DOC 2600994 EXISTING (RECORDED) 55' STREET EASE. PER DOC 2705687 EXISTING (RECORDED) UTILITY DRAINAGE EASE. PER DOC 2600994 PARCEL 2A t EXISTING (RECORDED) UTILITY DRAINAGE EASE. PER DOC 2600994 EXISTING (RECORDED) 55' STREET EASE. PER DOC 477nRRR7 ISTING REC D) 60' 1�11�1A ER DOC 1-- EXISTING _(RECOROE -0)- -b0' STREET EASE. PER DOC 2705687 RECORDED PERMANENT STREET EASEMENT AREA 91,443 50 FT MINNOVA LAND, LLC EXISTING (RECORDED) UTILITY, DRAINAGE AND PONDING EASE. PER DOC 1 2705687 EXISTING (RECORDED) UTILITY DRAINAGE EASE. PER DOC N 2600994 EXISTING (RECORDED) STREET EASE. PER DOC 2705687 COUNTY ROAD 73 (AKRON AVE) ROW EASEMENT Parcel Sketch Rosemount, Minnesota wS6 Project No.153659 Da1C 1 -1411 Parcel 2A January 11, 2011 Dear Mr. Zweber, Mr. Eric Zweber Senior Planner City of Rosemount 2875 145th St W Rosemount, MN 55068 -4997 Re: 57 acre lot split Minnova Land, LLC has owned the 57 acre parcel located along Akron for several years. The long term intent of our ownership is to hold the property as agricultural land until such time as it may be developed with city services in accordance with the city's comprehensive plan. The property is currently zoned AG and is located southeast of where the railroad tracks cross Bonaire Path East (see attached location map). The reason we are seeking this lot split is that our ownership group has decided that we want to be ready to develop. The entire 57 acres is subject to a contract for deed. We have paid enough off that we are entitled to a 23 acre release. By securing the release and split we can better deal with today's development realities. Most builders would like to take it slow and see how the market goes. Rosemount is blessed in that it has a low lot inventory, a good City Government and staff to work with. The soils are good and the utilities are in. None of us are immune from the market realities; however, we just need to respond. We will provide a temporary access easement that expires when a publicly deed access is provided to the north parcel. There is a draft easement diagram is attached to this letter, with the easement language to follow Please let me know if you need any additional information and I look forward to working with the City of Rosemount on this application. J. EDWIN CHADWICK, LLC Land and Farms Bloomington, Minnesota 55437 Jo E. Chadwick President, Minnova Land LLC. 4 7 Manitou Road Excelsior, MN 55331 JAN 2011 By 11430 Zion Circle Office (952) 853-2473 FAX (952) SS6 -0492 MINOR SUBDIVISION AGREEMENT AND DECLARATION This Agreement is made and entered into this day of 2011, by and between The City Of Rosemount "City and Minnova Land, LLC, a Minnesota limited liability company "Minnova and Wayne and Sheila Groth, husband and wife (the "Groths (Minnova and Groths are sometimes hereinafter collectively referred to as "Owners WHEREAS, Groths and Minnova are contract for deed vendors and vendee, respectively, of real property herein referred to as the "Subject Property", to wit: All that part of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying south of the southerly right of way line of the Union Pacific Railroad; and WHEREAS, Owners desire to divide the Subject Property into two (2) tax parcels (the "Subdivision to be identified as follows, to wit: PARCEL A: The south 770.00 feet of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. PARCEL B: All that part of the West Half of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota lying south of the southerly right of way line of the Union Pacific Railroad, EXCEPT the south 770.00 feet thereof. WHEREAS, the Subject Property is zoned AGP Agricultural Preserve to AG Agriculture; and WHEREAS, the Rosemount City Code provides, as of the date of this Declaration, that no more than one dwelling unit may be constructed per 40 acres, which allows only one dwelling unit to be constructed on the Subject Property; and 383442v1 CLL RS220 -320 1 WHEREAS, Owners wish to provide that the one dwelling unit allowed on the Subject Property be constructed on Parcel B; and WHEREAS, the City has approved the Subdivision of the Subject Property on the condition that this declaration be executed and recorded against the title to Parcels A and B to assure that no more than one dwelling unit is constructed on the Subject Property as a result of the Subdivision; and WHEREAS, Owners desire to subject Parcels A and B to the terms of this declaration to secure the benefit to Owners and to Parcels A and B of the Subdivision of the Subject Property. NOW THEREFORE, Owners declare that Parcels A and B are, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions as follows: 1. One dwelling unit will be allowed on Parcel B until such time as it is rezoned to a classification that permits additional units. 2. No dwelling units will be allowed on Parcel A until such time as it is rezoned to a classification that permits additional units. 3. The parties agree that this Agreement shall be recorded in the real estate records of Dakota County at the expense of Owners. 4. This Agreement shall run with the land of Parcels A and B and bind the heirs, successors and assigns of Owners. 5. The obligations and restrictions of this Agreement may be enforced by the City of Rosemount, acting through its City Council. This Agreement may be amended from time to time by a written amendment executed by the City and the Owners of the Parcel affected by the amendment. 383442v1 CLL RS220 -320 2 CITY OF ROSEMOUNT By: By: William H. Droste, Mayor Amy Domeier, Clerk STATE OF MINNESOTA ss: COUNTY OF DAKOTA This Agreement was executed before me this day of 2011, by William H. Droste and Amy Domeier, the Mayor and Clerk, respectively, for the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. MINNOVA LAND, LLC By: John E. Chadwick, President STATE OF MINNESOTA ss: COUNTY OF This Agreement was executed before me this day of 2011, by John E. Chadwick, the President of Minnova Land, LLC, a limited liability company, under the laws of the state of Minnesota, on behalf of the limited liability company. 383442v1 CLL RS220 -320 Notary Public Notary Public 3 Wayne Groth Sheila Groth STATE OF MINNESOTA ss: COUNTY OF This Agreement was executed before me this Groth and Sheila Groth, husband and wife. This Instrument Drafted By: Kennedy Graven, Chartered (CLL) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Phone: (612) 337 -9300 383442v1 CLL RS220 -320 Notary Public 4 day of 2011, by Wayne EXCERPT OF DRAFT MINUTES PLANNING COMMISSION MEETING FEBRUARY 22, 2011 a. Lot Split Request by Minnova Land, LLC (11- 02 -LS). Senior Planner Zweber stated that the applicant, Minnova Land, LLC, requests lot split approval to allow the subdivision of an existing 57.87 acre parcel into two parcels, one parcel (Parcel A) of 23.41 acres and the other parcel (Parcel B) 34.46 acres. Minnova Land, LLC will be marketing the 23.41 acre parcel to residential developers. The applicant, John Chadwick, of Minnova Land, LLC, approached the Commission and stated Minnova has owned the parcel since 2002 and they are looking forward to developing the property when the economy supports it. The public hearing was opened at 6:37p.m. There were no public comments. MOTION by Kolodziejski to close the public hearing. Second by Ege. Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:38p.m. MOTION by Kolodziejski to recommend the City Council approve the Lot Split request from Minnova Land, LLC subdividing parcel 34-02200-030-75 into two parcels, subject to the following conditions: A. Execution and recording of the Minor Subdivision Agreement and Declaration stating that no additional units will be allowed on Parcel A until such time as it is rezoned to a classification that permits additional units. Parcel B is allowed one dwelling unit in conformance with the standards of the AG, Agriculture district. B. Recording of the 33 foot ingress and egress easement to Parcel B along eastern boundary of Parcel A. C. Display all drainage, right -of -way and utility easements recorded on the parcels. D. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and 1 unit of Park Dedication equal to $3,400. Second by Demuth. Ayes: 3. Nays: None. Motion approved. Mr. Zweber stated that this item will go before the City Council at the March 15, 2011, regular council meeting.