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HomeMy WebLinkAbout6.o. Pine Bend Development Company lot split to allow the subdivision of two existing parcels into four parcels, Case 10-31-LSAGENDA ITEM: Case 10 -31 -LS Pine Bend Development Company lot split to allow the subdivision of two existing parcels into four parcels AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. D. ATTACHMENTS: Certificate of Survey, Resolution, Minor Subdivision Agreement and Declaration, Excerpt of PC minutes dated 01 -25 -2011, Location Map, Engineering Department Memo dated 1 -20 -11 APPROVED BY: taxi RECOMMENDED ACTION: Staff recommends the City Council make the following two motions: 1. Motion to adopt a resolution approving the Lot Split request from Pine Bend Development Company subdividing parcels 34- 02800 011 -30 and 34- 02800 011 -25 into four total parcels as illustrated on the attached certificate of survey, subject to conditions 2. Motion to authorize the execution of the Minor Subdivision Development Agreement allowing one development entitlement on Parcel A and Parcel D and prohibiting the development of additional units on Parcel B or Parcel C until such time as they are rezoned to a classification that permits additional units. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: February 15. 2011 EXECUTIVE SUMMARY SUMMARY Applicant Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: Pine Bend Development Company Intersection of County Road 42 and State Highway 55 103.58 Acres (Tract 1 35.69 Acres and Tract 2 65.19 Acres) AG Agricultural AG Agricultural The applicant, Pine Bend Development Company, requests lot split approval to allow the subdivision of two existing parcels. Tract 1 (PID 34- 02800 011 -25) is approximately 35.69 acres and the applicant intends to subdivide it into Parcel A (29.80 acres) and Parcel B (5.89 acres). Tract 2 (PID 34- 02800 -011- 30) is approximately 65.89 acres and the applicant intends to subdivide it into Parcel C (51.64 acres) and Parcel D (26.55 acres) Should the City approve the lot splits, the applicant intends to dissolve the Pine Bend Development Company partnership and convey the parcels to the individual partners. Staff recommends approval of the request subject to conditions. The lots available for development (Parcel A and Parcel D) have been changed since the Planning Commission meeting at the request of the applicant. 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 29'80 Acres 300 1,500 N/A 1,210 Conforming Parcel B 5.89 Acres 450 220 Conforming Parcel C 51.64 Acres 1,740 980 Conforming Parcel D 16.55 Acres 1,740 830 Conforming PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their January 25, 2011 meeting. Staff presented the item and the Commission held a public hearing that produced no comment. The applicant, Tom Gallagher, representing Pine Bend Development Co., approached the Commission and stated the conditions are acceptable and he is available to answer any questions. There were no questions for the applicant. Commissioner Powell asked for an explanation about the condition requiring provision of an additional road easement along 142nd Street East. Project Engineer Olson stated that the size of the easement, over and above the existing road, is due to 142nd Street being designated a collector road and will allow future improvements to the road. Mr. Zweber added that the property is not being platted; the existing easement will simply be replaced with the new easement. 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. Both Tract 1 and Tract 2 are currently guided and zoned AG Agricultural. Lot standards for the AG, Agricultural district are detailed in the table below. Development Entitlements. Prior to subdivision, Tract 1 and Tract 2 each were entitled to one dwelling based on the size of each property and the AG district 1 unit /40 acre density standard. The applicant has elected to subdivide the two existing properties into four total parcels that meet the AG district minim lot standard but do not meet the 1 unit /40 acre density standard. Therefore, staff recommends that the applicant enter into a Minor Subdivision Agreement and Declaration that assigns the two development entitlements from Tract 1 and Tract 2 to two of the proposed four parcels. In this case, the applicant has elected to assign the development entitlements to Parcel A and Parcel D. As a result, development of additional dwelling on Parcel B or Parcel C is prohibited until such time as the properties are re- guided and rezoned to another classification that permits additional units. The Minor Subdivision and Declaration shall be recorded against Parcels A, B, C and D. Setbacks. The setback standards for the AG district are outlined in Section 11 -4 -1 and illustrated in the table on the next page. At this time, all four proposed parcels are vacant and therefore the setback standards would only apply to future development. 2 Setback Standards for the AG Agriculture District Category Principal Structure Accessory Structure Surface Parking Front Yard Setback 50 Feet 30 Feet 30 Feet Side Yard Setback 50 Feet 30 Feet 30 Feet Rear Yard Setback 50 Feet 5 Feet 5 Feet Maximum Building Height 50 Feet 75 Feet N/A Access. Each of the four proposed parcels meet the minimum lot width standard for the AG, Agricultural district. Since 142n Street East bisects Parcel C, the Engineering Department requires the applicant dedicate a roadway easement equal to 100 feet (50 feet on either side of the centerline) to the City. 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 two residential units or $6,800. Sidewalks, Trails and Pathway. Properties in the AG district are established to encourage the long term continuation of agricultural and related uses which are both suitable for agriculture and are not planned for urban development. Given this information and the relatively isolated location of these properties, staff finds that no pedestrian access facilities are necessary at this time. The need for sidewalks, trails and pathways will be reexamined with further developments. CONCLUSION RECOMMENDATION Both staff and the Planning Commission recommend approval of the proposed lot split. Tract 1 (PID 34- 02800- 011 -25) is approximately 35.69 acres and the applicant intends to subdivide it into Parcel A (29.80 acres) and Parcel B (5.89 acres). Tract 2 (PID 34- 02800 011 -30) is approximately 65.89 acres and the applicant intends to subdivide it into Parcel C (51.64 acres) and Parcel D (26.55 acres). Should the City Council approve the lot split, the applicant intends to dissolve the Pine Bend Development Company partnership and convey the parcels to the individual partners. Staff's recommendation is based on the plans and documents submitted by the applicants as well as the findings made in this report and is subject to the conditions outlined in the attached resolution and subdivision agreement. 3 N89 3'S0'E N. N. N. 572.58 N. N. N. N. N. EXCEPTION \ST 8 \4). 4 T N. W. 1/4 on of 5. 28, T. 115, R. 18 984.88 CV 1320.73 S89 1.7 GQ S County ROW Shp Nw 21A C 7 PARCEL D SURVEYORS CERTIFICATE +4‘.44) 4), L p 4s 1 P. 4 ri E X C E S N89 163.65- Denotes found monument. O O Denotes 1/2 Inch by 14 Inch Iron pipe monument est and marked by Unease Number 14378. 4 not sst In cultivated Held PARCEL A yl k PARCEL B 4, 3L No 224.99_ser5S 'or In this l 0°10 atka.d do 1321.87 N89'53'50'E ti G "T S N. 1/4 owner of S. 28, T. 115, R. 18 4' Property Areas Tract 1: 1,554,757 sq.ft. 35.69 acres Parcel A- 1,298,080 sq.ft• 29.80 caw Parcel 9- 258,877 sq.it. 5.89 aces Tract 2: 2,970,391 sq.ft. 68.19 acres Parcel C- 2,249,522 sq.ft. 51.84 acres Parcel 0 720,889 eq.ft. 18.55 aces �1h 4' n) (G 5 4 144 *a 1 2 5 4 N CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011- A RESOLUTION APPROVING A LOT SPLIT REQUEST FROM PINE BEND DEVELOPMENT CO. SUBDIVIDING AN EXISTING 35.69 ACRE PARCEL (PARCEL #34- 02800 011 -25) INTO A 29.80 ACRE PARCEL (PARCEL A) AND A 5.89 ACRE PARCEL (PARCEL B) AND AN EXISTING 65.89 ACRE PARCEL (PARCEL 34- 02800 011 -30) INTO A 51.64 ACRE PARCEL (PARCEL C), AND A 26.55 ACRE PARCEL (PARCEL D) WHEREAS, the Community Development Department of the City of Rosemount received an application from Pine Bend Development Co. (herein after the "Applicant requesting a Lot Split to divide two of their existing parcels, one 35.69 acres and the other 65.89 acres, respectively (herein after the "Existing Tax Parcel legally described as follows: PARCEL 1: THE NE1 /4 OF THE NW 1 /4 OF SECTION 28, TOWNSHIP 115, RANGE 18, DAKOTA COUNTY, MINNESOTA, EXCEPT THAT PART LYING SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF STH 55 AND NORTHWESTERLY OF THE NORTHWESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 42. SUBJECT TO ROADS AND HIGHWAY. PARCEL 2: THE W1/2 OF THE NW1 /4 OF SECTION 28, TOWNSHIP 115, RANGE 18, DAKOTA COUNTY, MINNESOTA, EXCEPT THAT PART LYING N OF STH 55 AND EXCEPT THAT PART OF SAID W1/2 LYING S OF STH 55 DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW1 /4 OF THE NW1 /4 OF SAID SECTION 18; THENCE EASTERLY ALONG THE S LINE THEREOF 964.66 FEET TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE W LINE OF SAID W1/2 TO THE SOUTHERLY RIGHT OF WAY LINE OF STH 55; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO THE E LINE OF SAID W1/2; THENCE SOUTHERLY ALONG SAID E LINE TO THE NORTHERLY RIGHT OF WAY LINE OF CSAH 42 AS SHOWN ON DAKOTA COUNTY RIGHT OF WAY MAP NO. 21A; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE TO THE NORTHERLY LINE OF PARCEL 18A AS SHOWN ON SAID MAP; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE TO THE S LINE OF SAID NW1 /4 OF THE NW1 /4; THENCE WESTERLY ALONG SAID S LINE TO THE POINT OF BEGINNING. SUBJECT TO ROADS AND HIGHWAY. WHEREAS, the Applicant's Lot Split request proposes to subdivide the Existing Tax Parcel 1 into a 29.80 acre parcel and a 5.89 acre parcel and Existing Tax Parcel 2 into a 51.64 acre parcel and a 26.55 acre parcel for future development; and WHEREAS, on January 25, 2011, the Planning Commission of the City of Rosemount held a public hearing to review the proposed Lot Splits and found them consistent with the Subdivision Ordinance as well as the lot and dimensional standards for the associated land use and zoning classifications; and WHEREAS, on January 25, 2011, the Planning Commission adopted a motion to recommend that the City Council approve the proposed Lot Split, subject to conditions; and RESOLUTION 2011 WHEREAS, on February 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 parcels into four (4) properties identified as Parcels A, B, C and D on the attached survey (EXHIBIT A) and legally described below. This approval is also subject to the conditions listed below. ATTEST: Parcel A: That part of Parcel 1, described above, lying northerly of the center line of STH 55, subject to Roads and Highway. Parcel B: That part of Parcel 1, described above, lying southerly of the center line of STH 55, subject to Roads and Highway. Parcel C: That part of Parcel 2, described above, lying northerly of the center line of CSAH 42, subject to Roads and Highway. Parcel D: That part of Parcel 2, described above, lying southerly of the center line of CSAH 42, subject to Roads and Highway. Conditions of approval: 1. Execution and recording of the Minor Subdivision Agreement and Declaration stating that no additional units will be allowed on Parcels B or C until such time as they are rezoned to a classification that permits additional units. Parcels A and D are each allowed one dwelling unit in conformance with the standards of the AG, Agriculture district. 2. Dedication of a road easement equal to 100 feet along 142n Street East (50 feet either side of the center line). 3. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and 2 units of Park Dedication equal to $6,800. ADOPTED this 15th day of February 15, by the City Council of the City of Rosemount. Amy Domeier, City Clerk William H. Droste, Mayor 2 MINOR SUBDIVISION AGREEMENT AND DECLARATION This Agreement is made and entered into this day of February, 2011, by and between the City of Rosemount "City and Pine Bend Development Company, a Minnesota partnership "Owner WHEREAS, Owner owns, free and clear of encumbrances, the following parcel of land located in Dakota County, Minnesota (hereinafter referred to as "Subject Property to -wit: Tract 1: The Northeast Quarter of the Northwest Quarter of Section 28, Township 115, Range 18, Dakota County, Minnesota, except that part lying southwesterly of the southwesterly right of way line of STH 55 and northwesterly of the northwesterly right of way line of County Road 42. Subject to Roads and Highway (hereinafter referred to as "Tract 1"). Tract 2: The West Half of the Northwest Quarter of Section 28, Township 115, Range 18, Dakota County, Minnesota, except that part lying north of STH 55 and except that part of said West Half lying south of STH 55 described as follows: Commencing at the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 18; thence easterly along the south line thereof 964.66 feet to the point of beginning; thence northerly parallel with the west line of said West Half to the southerly right of way line of STH 55; thence southeasterly along said right of way line to the east line of said West half; thence southerly along said east line to the northerly right of way line of CSAH 42 as shown on Dakota County Right of Way Map No. 21A; thence southwesterly along said right of way line to the northerly line of Parcel 18A as shown on said Map; thence northwesterly along said northerly line to the south line of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line to the point of beginning. Subject to Roads and Highway (hereinafter referred to as "Tract 2 382227v1 CLL RS220 -318 1 WHEREAS, Owner desires to divide the Subject Property into four (4) parcels to be identified as follows, to -wit: Parcel A: That part of Tract 1, described above, lying northerly of the center line of STH 55. Subject to Roads and Highway (hereinafter referred to as "Parcel A Parcel B: That part of Tract 1, described above, lying southerly of the center line of STH 55. Subject to Roads and Highway (hereinafter referred to as "Parcel B Parcel C: That part of Tract 2, described above, lying northerly of the center line of CSAH 42. Subject to Roads and Highway (hereinafter referred to as "Parcel C Parcel D: That part of Tract 2, described above, lying southerly of the center line of CSAH 42. Subject to Roads and Highway (hereinafter referred to as "Parcel D WHEREAS, the Subject Property is within the Ag agricultural district of the City of Rosemount; and WHEREAS, Section 11 -4 -1, Paragraph F.6 of the Rosemount Zoning Code allows only one dwelling unit per 40 acres in the AG agricultural district; and WHEREAS, only one residential dwelling unit may be constructed on Tract 1 and only one residential dwelling unit one may be constructed on Tract 2; and WHEREAS, Owner desires to obtain approval for a residential building permit on Parcels A and D and is willing to agree and acknowledge that, absent a change in the Zoning Code of the City, building permits for residential structures will be permitted and issued only for Parcels A and D and will not be permitted or issued for Parcels B or C; and WHEREAS, Owner is willing to document of record the restriction, and prohibition against any residential building permits being available for Parcels B or C; 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, B, C and D; and WHEREAS, Owner desires to subject Parcels A, B, C and D to the terms of this declaration to secure the benefit to Owner and to Parcels A, B, C and D of the subdivision of the Subject Property. 382227v1 CLL RS220 -318 2 NOW, THEREFORE, Owner declares that Parcels A, B, C and D are, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions hereinafter set forth. 1. Parcels A and D shall each be entitled to one residential building permit. 2. Parcels B and C shall not be entitled to any residential building permits, absent change in the zoning and other regulations of the City applicable to said Parcels B and C. 3. The parties agree that this Agreement shall be filed of record, on the descriptions of the above identified Parcels A, B, C and D, said recording to be at the expense of Owner. 4. This Agreement has been approved by the City Council of the City of Rosemount. 5. This Agreement shall run with the land of Parcels A, B, C and D and bind the heirs, successors and assigns of the Owner. 6. The obligations and restrictions of this Minor Subdivision Agreement and Declaration may be enforced by the City of Rosemount, acting through its City Council. This Agreement and Declaration may be amended from time to time by a written amendment executed by the City and the Owner or Owners of the lot or lots to be affected by said Agreement. CITY OF ROSEMOUNT By: By: Its: Its: OWNER: By: By: 382227v1 CLL RS220 -318 3 STATE OF MINNESOTA COUNTY OF DAKOTA This Agreement was executed before me this day of February, 2011, by William Droste and Amy Domeier, the Mayor and City Clerk, respectively, of the City of Rosemount, on behalf of the municipal corporation. STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of February, 2011, by the of Pine Bend Development Company, a Minnesota partnership, on behalf of the partnership. 382227v1 CLL RS220 -318 Notary Public 4 Notary Public EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JANUARY 25, 2010 b. Pine Bend Development Co. Lot Split (10- 31 -LS). Planner Lindahl stated that the applicant, Pine Bend Development Company, requests lot split approval to allow the subdivision of two existing parcels. Tract 1 (PID 34- 02800 011 -25) is approximately 35.69 acres and the applicant intends to subdivide it into Parcel A (29.80 acres) and Parcel B (5.89 acres). Tract 2 (PID 34- 02800 011 -30) is approximately 65.89 acres and the applicant intends to subdivide it into Parcel C (51.64 acres) and Parcel D (26.55 acres). Mr. Lindahl stated that should the City approve the lot splits, the applicant intends to dissolve the Pine Bend Development Company partnership and convey the parcels to the individual partners. The applicant, Tom Gallagher, representing Pine Bend Development Co., approached the Commission and stated the conditions are acceptable and he is available to answer any questions. There were no questions for the applicant. The public hearing was opened at 6:44p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Kolodziejski. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:44p.m. Commissioner Powell asked for an explanation of the condition requiring an additional roadway easement to be provided along 142nd Street East. Project Engineer Olson stated that the excess of the existing easement is due to 142n Street being a collector roadway and is to prepare for future improvements to that road. Mr. Zweber added that the property is not being platted; the existing easement will simply be replaced with the new easement. MOTION by Commissioner Irving to recommend the City Council approve the Lot Split request from Pine Bend Development Company subdividing parcels 34- 02800 011 -30 and 34- 02800 011 -25 into four total parcels as illustrated on the attached certificate of survey, 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 Parcels B or D until such time as they are rezoned to a classification that permits additional units. Parcels A and C are each allowed one dwelling unit in conformance with the standards of the AG, Agriculture district. B. Dedication of a road easement equal to 100 feet along 142n Street East (50 feet either side of the center line). C. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and 2 units of Park Dedication equal to $6,800. D. Parcel B shall be combined with the 80 acre parcel to the south for a combined ownership. Second by Powell. Ayes: 5. Nays: None. Motion approved. Mr. Lindahl stated this item is scheduled to go to the City Council for approval at the February 15, 2011, meeting. m Pine Bend Development Co. 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 815 feet 4 ROSEMOUNT PUBLIC WORKS DEPARTMENT M E M O R A N D U M To: Jason Lindahl, Planner From: Phil Olson, PE, Assistant City Engineer /Project Engineer Date: January 20, 2011 Subject: Pine Bend Development Co. Lot Split Application Plan Review Submittal: Prepared by Hedlund Engineering, the Pine Bend Development Co. Lot Split Application, received December 20, 2010. Review comments were generated from the following documents included in the submittal: 1. Lot Split Application 2. Surveyors Certificate dated December 8, 2010, 1 plan sheet. General Comments: Additional roadway easement shall be provided along the alignment of 142n Street East. The easement shall be 100 feet in width and shall be centered on the existing right -of -way alignment. Estimated Fees: Geographic Information System (GIS) Fees: Simple Lot /Parcel split or boundary change $300.000 Should you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2015. cc: Andrew Brotzler, PE, Director of Public Works /City Engineer C: \Users \jrl \AppData \Local \Microsoft \Windows \Temporary Internet Files Content. Outlook \WSXIUL7R \Plan Review 012011.doc