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HomeMy WebLinkAbout2.b. Determine the Future Use of Outlot B, White Lkes AcresAGENDA ITEM: Determine the Future Use of Outlot B, White Lake Acres AGENDA SECTION: Discussion PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. i D. ATTACHMENTS: Search. Map, White Lake Acres Plat, Title APPROVED BY: OW RECOMMENDED ACTION: Discussion Only 4 ROSEMOUNT CITY COUNCIL City Council Worksession Date: February 11, 2009 EXECUTIVE SUMMARY BACKGROUND The City had acquired the property that has become Outlot B, White Hills Acres through tax forfeiture in the early 1980s. In 1984, the City joined with the developer of White Hills Acres to plat and plan the infrastructure needed to construct White Hills Acres, a plat with 19 lots and two outlots located west of Bacardi Avenue and north of 130t Street. After the plat was recorded, the developer deeded the property back to the City with a reversionary clause that the property would be returned to the State if it is not used for a public purpose. Last year, a Rosemount resident approached the City to inquire about buying the property. Staff stated that the history of the property would be researched and discussion would be conducted with the City Council to determine what should be done with the property. DISCUSSION Outlot B, White Lake Acres is located on the west side of Bacardi Avenue about 500 feet south of 126 Street. The property is about 5 acres in size, is zoned RR -Rural Residential (which is the same zoning as the surrounding properties located west of Bacardi Avenue), and meets all the performance standards of the zoning district aside from lot width. The lot is flag shaped, meaning that the majority of the land is without street frontage and a narrower strip of land is adjacent to Bacardi Avenue. The minimum lot width in the RR zoning district is 200 feet and the frontage on Bacardi Avenue is 176 feet. While this makes the property non conforming, it would be buildable per Section 11 -2 -2 of the Zoning Ordinance. Since 1984, the City has not used this property for any purpose other than open space. In November 2008, staff discussed this property with the Parks and Recreation Commission to determine if there was a parks use for the property. The western third of the property is wetland with the remaining two- thirds vacant, covered in woods and grassland. The eastern third adjacent to Bacardi Avenue is relatively flat, while the middle third has a fairly steep grade to the wetland. The Parks and Recreation Commission did not believe there was a needed public park use for the property due to the low population in the surrounding area, site topography, and the limited access to Bacardi Avenue which is a gravel road not suited for on -street parking. A citizen brought this lot to the City's attention in 2008 and has requested to buy the property to construct a house. Due to the reversionary clause, the City would not be able to simply sell the property to her. If the City determines that the property does not have a public use and wishes to get it into private ownership, and back on the tax rolls, the City has three choices on how to proceed. First, the City could purchase the property from the State at fair market value and then sell it in whatever manner it chooses. Second, the City can return the property to the State and provide a Resolution requesting that the property be sold to the neighboring property owner(s). The City typically requests this type of sale when the tax forfeited property is a remnant piece and unbuildable by itself. Third, the City can return the property to the State and provide a Resolution requesting that the property be sold to the highest bidder at public auction. RECOMMENDATION Determine the future use of Outlot B, White Lake Acres. The City Council has four choices for the future use of this property: 1. Determine a public use for the property. Open Space may be considered a public use. 2. Purchase the property from the State at fair market value. Following that purchase, the City may sell this property through whatever method it chooses. 3. Return the property to the State with a Resolution requesting that the property be sold to the adjacent property owner(s). 4. Return the property to the State with a Resolution requesting that the property be sold at public auction to the highest bidder. From staff's perspective, the Council should determine whether they would like to continue owning the outlot or not. While there does not appear any immediate development need, the site serves an open space function and contains a portion of a wetland that benefits from protection. If the Council chooses to sell the property, staff recommends option #4 which allows the property to be sold to the highest bidder. Outlot B, White Lake Acres 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 Outlot B: White Hills Acres DiscIE imer: Map and parcel data are believed to be accurate, but accuracy is not guaranteE d. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. k )•g• VW rKKSmov t Map Scale 1 inch 200 feet LEGAL DESCRIPTION: ORIGINAL TRACT .1 Part of the N 1/2 of the SW 1/4 beginning at the Southeast corner, North 180 feet West and North on Centerline of Road Easement 491.71 feet, North 80D 08M 51S East, 428.87 feet to south line, east on south line to beginning subject to easements all in Section 16, Township 115, Range 19, City of Rosemount, Dakota County, Minnesota. FEE OWNER(S): CITY OF ROSEMOUNT, a Minnesota Municipal Corporation REAL ESTATE TAXES: EXEMPT SUBJECT TO: 1) A reversionary clause as follows: "To be used exclusively for storm sewer holding area when area is developed." If such use shall cease, said land shall revert to the State of Minnesota. 2) The legal description to this property is defined by using an easement and we believe there is a question as to the accuracy of some of the other dimensions.