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
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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
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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