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MEMORANDUM
TO: Mayor and Rosemount City Council
Kim Lindquist, Community Development Director
Rick Pearson, City Planner
FROM: Jason Lindahl, A.I.C.P., Assistant City Planner
DATE: February 12, 2004
RE: Rezoning and Simple Plat - Manley Property Located at the NE ' / 4
of the NE' /4 of Section 18- 115 -19 along 120 Street West.
PROPOSAL
The applicant, Manley Land Development, requests a rezoning from AG, Agriculture to
RR, Rural Residential, a simple plat to create two residential lots, and a driveway setback
variance from 5 to zero feet for the property located at the NE ' / 4 of the NE '/4 of Section 18-
115-19 along 120 Street. On December 9, 2003, the Planning Commission reviewed
these applications and held a public hearing. As a result, the Commission approved the
driveway setback variance request and recommended that the City Council approve the
rezoning and simple plat applications.
Currently, the subject property is a single 20.65 acre parcel containing one single family
home. The applicant proposes to subdivide this property into two single family lots. Lot 1
will be approximately 5.24 acres while Lot 2 will be approximately 15.41 acres. Should the
City approve the rezoning, simple plat and driveway setback variance requests, the applicant
plans to remove the existing structure and construct two single family homes.
ISSUE ANALSIS
Rezoning
The applicant requests a rezoning from AG, Agriculture to RR, Rural Residential to
allow the subdivision and development of two single family properties. When
considering this or any other rezoning request, there are four key criteria for the City to
weigh. These concepts and staffs findings for each are outlined below. Based on this
information and the Planning Commission's recommendation, staff recommends
approval of the rezoning request.
Consistency with Comprehensive Plan. Staff finds the proposed rezoning is consistent
with the goals and policies of the Comprehensive Plan. The 2020 Land Use Plan guides
the subject property for Rural Residential use. According to the Comprehensive Plan,
land guided for Rural Residential use is designed to have a distinctive rural character with
large lot single - family detached housing that is integrated with the natural landscape, has
small areas of manicured lawn, and minimal public services. Rural Residential areas are
characterized by unique natural features including rolling topography and stands of
upland hardwoods. These areas have a minimum density of 1 unit per 5 acres and
support a single - family estate life style. The policy outlined in the Comprehensive Plan
for Rural Residential areas include:
1. Allow clustering where open space and active agriculture can be retained.
2. Maximize the retention of vegetation, maintain natural landforms, and minimize
lawn areas.
3. During the platting process, define building envelopes that avoid the location of
structures in areas needing preservation.
4. Protect open space or conservation areas with conservation easements. These
tools are intended for the protection of environmental and scenic resources not
public access.
Compatibility with Present and Future Land Uses. Staff finds that the proposed
subdivision is compatible with present and future surrounding land uses. Surrounding
properties are guided for Rural Residential use and zoned AG, Agriculture. It is the
intent of the Comprehensive Plan that, over time, properties in this area will convert to
the Rural Residential zoning classification.
Conformance with New Zoning Standards. Should the City approve the rezoning from
AG, Agriculture to RR, Rural Residential, the proposal conforms to the performance
standards for properties in the Rural Residential District with the exception of the
driveway setback. The applicant is seeking a variance from this setback standard (see
variance section below).
Availability of Utilities. This project is located outside the current Metropolitan Urban
Service Area (MUSA) and will be served by on -site sewer and water. Initial plans
showed both the primary and alternate drain fields for each lot encroaching on the
adjacent wetland buffer zone. Per Planning Commission direction, the applicant
submitted revised plans eliminating encroachment from drain fields. In addition, staff
recommends that a condition of approval require each lot to provide a functioning well.
Simple Plat
Land Use & Zoning. The subject property is guided RR, Rural Residential and zoned
AG, Agriculture. Should the City approve the rezoning request, the property will be
guided and zoned RR, Rural Residential. The proposed simple plat is consistent with the
minimum performance standards for the rural zoning and land use designations, with the
2
exception of the driveway setback. The applicant is seeking a variance from this
standard.
Lots. The applicant plans to subdivide the existing 20.65 acre lot into two single family lots.
Lot 1 will be approximately 5.24 acres while Lot 2 will be approximately 15.41 acres. The
lots and buildings pads illustrated on the applicant's plan meet the minimum performance
standards for properties in the RR, Rural Residential District. The lot performance standards
for the RR, Rural Residential District are illustrated in the table below.
Performance Standards for the Rural Residential District
Category
Lots
Setbacks
Bldg.
Height
Status
Size
Width
Front
Side
Rear
Maximum
Un latted
5 acres
300 ft.
40 ft.
30 ft.
30 ft.
35 ft.
Conforming
Platted
2.5 Acres
200 ft.
40 ft.
30 ft.
30 ft.
35 ft.
Conforming
Access. As proposed, Lots 1 and 2 will share an existing access from 120 street. This
access will straddle the shared east /west property line. This driveway alignment requires
a driveway setback variance from five to zero feet. Staff has supported the variance
request due to the reduced number of curb -cuts along 120 Street and in recognition of
the constrained area on the site. The Planning Commission approved this variance during
their December 9, 2003 meeting. In addition, this design requires a shared access and
maintenance agreement. These documents will be prepared by the applicant for review
and approval by the City Attorney.
Right -of -Way. Staff recommends that the applicant dedicate two portions of land as
right -of -way. First, the applicant should dedicate 55 feet south of the north property line
to provide half of the necessary right -of -way for 120 Street. In addition, the applicant
should dedicate 65 feet spanning the eastern property line extending from the
southeastern corner of Lot 2 to the southwestern corner of the Cadwell property. This
additional right -of -way reserves the ability to gain access to the south and potentially
create a north -south road to connect 120 Street and McAndrews Road west of Dodd
Road. The Council should be aware that there are no road extension plans at this time,
although a private outlot exists to the south which was created to potentially provide
access. It should also be noted that the eastern ROW may not reflect the most desirable
alignment. However it is feasible in this location and staff does not want to preclude any
future options at this time.
Utilities. Each lot will be required to provide a well, septic system, drain field and
backup drain field in conformance with all City of Rosemount Title 9, Chapter 6, Dakota
County Ordinance 113, and Minnesota Rules 7080 standards. The applicant will be
required to demonstrate that each property can meet these standards without encroaching
into the adjacent wetland buffer zone.
Easements. Both Lots 1 and 2 shall provide the necessary easements as required by the
City Engineer. These easements include, but are not limited to a shared access and
driveway easement to allow access from both properties to 120 Street, drainage and
utility easements to the high water elevation of all wetlands, and a conservation easement
over the 75 wetland buffer area. These easements shall be recorded with the proposed
subdivision.
Park Dedication. This simple plat creates 2 new residential lots. As a result, the
Director of Parks and Recreation recommends in the February 5, 2004 memo the
applicant pay a cash park dedication fee of $4,800 (2 X $2,400). This fee shall be paid to
the City prior to recording the proposed plat.
Home Removal. The zoning ordinance allows only one principal building per lot.
Therefore, the applicant will be required to remove the existing principal structure prior
to issuance of a building permit for the lot.
Tree Preservation. The applicant's initial plans did not include a tree preservation plan.
The Planning Commission recommended that the applicant submit a detailed tree
inventory and preservation plan for review and approval by the City prior to City Council
review. The applicant has submitted a trees inventory and preservation plan illustrating
152 trees. Of these 8 (or 5.3 %) will be removed. This plan is in conformance with the
tree preservation standards outline in Section 8.3 of the Zoning Ordinance. It should be
noted that the applicant intends to custom grade these lot which may or may not cause the
removal of additional trees. The grading plan for each lot and its impact on existing trees
will be reviewed by staff at the time of building permit review.
Variance
As mentioned above, the current design of the site illustrates a shared driveway which
requires a driveway setback variance from five to zero feet for both lots. According to
Section 14.2.G, there are five criteria to review when considering a variance request.
While weighing a variance request against these criteria, there are two key issues for the
Planning Commission to consider. The first is whether the applicant has reasonable use
of their property without the variance. The second is whether the project can be
redesigned to eliminate or reduce the need for a variance. On December 9, 2004, the
Board of Appeals and Adjustments held a public hearing on this request and voted to
approve the variance. This approval was based on the findings listed below.
1. Granting a five foot driveway setback variance will not be harmful to the public
health, welfare and safety and will not be damaging to adjacent properties. By
Ordinance, each lot is allowed one access point. Granting the driveway setback
variance will consolidate two driveways into one access points along 120 Street
and reduce the impact on the surrounding wetlands.
2. Given the existing surrounding wetlands, strict interpretation of the of the five
foot driveway setback prevents one of the proposed lots from having access to a
public street, constituting a hardship and warranting approving the variance.
4
3. The wetlands that surround the subject property represent an exceptional or
extraordinary circumstance that justifies granting the variance. The wetlands and
required 75 foot buffer zone negates the ability to provide separate driveways for
each lot.
4. The strict or literal interpretation of the Zoning Ordinance would deprive one of
the proposed lots access to a public street. This would deny one of the proposed
lots the same use and enjoyment (access) as other residential lots.
5. Granting the 5 foot driveway setback variance request will not permit a use which
is otherwise prohibited in the RR, Rural Residential District.
CONCLUSION AND RECOMMENDATION
Given the findings made during the Planning Commission public hearing and in this
report as well as the Planning Commission's approval of the driveway setback variance
from five to zero feet, staff recommends approval of the rezoning from AG, Agriculture
to RR, Rural Residential and the simple plat to create two residential lots on the Manley
property located along 120 Street. Please note that the simple plat may only be approved if
rezoning is adopted. Staff reviewed these requests against the performance standards for
properties in the RR, Rural Residential District, the Subdivision Ordinance, and the
Comprehensive Plan. Our review found this proposal to be in compliance with the minimum
lot dimensional and use standards for properties in this district. This recommendation is
based on the material submitted by the applicant and the findings contained in this report. It
is also subject to the conditions outlined below.
There are two recommended actions. The second motion approving the simple plat should
only be made if the rezoning is granted.
I. Motion to adopt an ordinance amending Ordinance B, rezoning the property
from AG, Agriculture to RR, Rural Residential.
II. Motion to adopt a resolution approving the simple plat for the Manley
property subject to the following conditions:
1. Submission of shared access and maintenance agreements. These documents
will be prepared by the applicant for review and approval by the City
Attorney.
2. Dedication of 55 feet of right -of -way spanning the 120`" Street (or northern)
property line and dedication 65 feet of right -of -way spanning the eastern
property line extending from the southeastern corner of Lot 2 to the
southwestern corner of the Cadwell property.
5
3. Each lot will be required to provide a well, septic system, drain field and
backup drain field in conformance with all City of Rosemount Title 9, Chapter
6, Dakota County Ordinance 113, and Minnesota Rules 7080 standards.
4. Provide all necessary easements as required by the City Engineer including,
but not limited, to those listed below. These easements shall be recorded with
the proposed subdivision.
a. A shared access and driveway easement to allow access from both
properties to 120 Street.
b. Drainage and utility easements to the high water elevation of all
wetlands.
c. A conservation easement over the 75 foot wetland buffer area.
Payment of $4,800 (2 X $2,400) in park dedication fees for two new
residential lots. This fee shall be paid to the City prior to recording the
proposed plat.
6. The custom grading plan for each lot shall comply with the tree preservation
performance standards outlined in Section 8.3 of the Zoning Ordinance and
shall be reviewed by staff at the time of building permit.
7. Conformance with the conditions outlined in the February 6, 2004 Project
Engineers memo (attached) including payment of all applicable development
fees.
8. Conformance with all applicable building codes including obtaining a
demolition permit for any existing structures and buildings permits for the two
new single family homes.
on
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION APPROVING THE SIMPLE PLAT
TO SUBDIVIDE THE EXISTING 20.65 ACRE
MANLEY PROPERTY INTO TWO SINGLE - FAMILY LOTS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Manley Land Development for approval of a simple plat for the property
located south of 120 Street and 3 /4 of a mile west of Dodd Boulevard in Rosemount, Minnesota,
currently legally described as follows:
The NE 1 /4 of the NE 1 /4 of Section 18- 115 -19.
WHEREAS, on December 9, 2003, the Planning Commission of the City of Rosemount held a
public hearing to review the simple plat for the Manley property and made the following
findings:
1. The proposed simple plat is consistent with the minimum performance standards for the
Rural Residential zoning and land use designations, with the exception of the driveway
setback.
2. Lots 1 and 2 will share an existing access from 120 street. This access will straddle the
shared east /west property line. This driveway alignment requires a driveway setback
variance from five to zero feet. The Board of Appeals and Adjustments approved this
variance during their December 9, 2003 meeting.
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the simple plat for the Manley property based on the findings listed above, subject to
conditions; and
WHEREAS, on February 17, 2004 the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the simple plat for the Manley property and agreed
with the Planning Commission's findings;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the simple plat to subdivide the 20.65 acres Manley property into two single family
lots, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 115, Range 19, according to
the Government Survey thereof, excepting therefrom the East 450 feet of said East Half of
Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section 18,
Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is 376 feet
West of the SE corner thereof, thence North 1099.16 feet, thence West 74 feet, thence
North 220.84 feet to the North line of said section, thence West along the North line of
said section to the Northwest corner of said quarter quarter section, thence south to the
Southwest corner of said quarter quarter section, thence east to the place of beginning, all
RESOLUTION 2004 -
according to the Government Survey thereof. Except that part of the above platted as
HANSON ADDITION, according to the recorded plat thereof.
NOW, THEREFORE FURTHER, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the simple plat to subdivide the 20.65 acres Manley property into
two single family lots as described above, subject to:
1. Submission of shared access and maintenance agreements. These documents will be
prepared by the applicant for review and approval by the City Attorney.
2. Dedication of 55 feet of right -of -way spanning the 120 Street (or northern) property line
and dedication 65 feet of right -of -way spanning the eastern property line extending from
the southeastern corner of Lot 2 to the southwestern corner of the Cadwell property.
3. Each lot will be required to provide a well, septic system, drain field and backup drain
field in conformance with all City of Rosemount Title 9, Chapter 6, Dakota County
Ordinance 113, and Minnesota Rules 7080 standards.
4. Provide all necessary easements as required by the City Engineer including, but not
limited, to those listed below. These easements shall be recorded with the proposed
subdivision.
a. A shared access and driveway easement to allow access from both properties to
120 Street.
b. Drainage and utility easements to the high water elevation of all wetlands.
c. A conservation easement over the 75 foot wetland buffer area.
5. Payment of $4,800 (2 X $2,400) in park dedication fees for two new residential lots.
This fee shall be paid to the City prior to recording the proposed plat.
6. The custom grading plan for each lot shall comply with the tree preservation performance
standards outlined in Section 8.3 of the Zoning Ordinance and shall be reviewed by staff
at the time of building permit.
7. Conformance with the conditions outlined in the February 6, 2004 Project Engineers
memo (attached) including payment of all applicable development fees.
8. Conformance with all applicable building codes including obtaining a demolition permit
for any existing structures and buildings permits for the two new single family homes.
RESOLUTION 2004 -
RESOLUTION 2004 -
ADOPTED this 17 day of February, 2004, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Seconded by:
Voted against:_
Member absent:
City of Rosemount
Ordinance No. B -
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Manley Land Development
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1 . Ordinance B, adopted September 19, 1989, entitled "City of Rosemount
Zoning Ordinance," is hereby amended to rezone from AG, Agriculture to RR, Rural
Residential, the following properties located south of 120 Street and 3 /4 of a mile west of
Dodd Boulevard in Rosemount, Minnesota, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 115, Range 19,
according to the Government Survey thereof, excepting therefrom the East 450
feet of said East Half of Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section
18, Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is
376 feet West of the SE corner thereof, thence North 1099.16 feet, thence West 74
feet, thence North 220.84 feet to the North line of said section, thence West along
the North line of said section to the Northwest corner of said quarter quarter
section, thence south to the Southwest corner of said quarter quarter section,
thence east to the place of beginning, all according to the Government Survey
thereof. Except that part of the above platted as HANSON ADDITION, according
to the recorded plat thereof.
Section 2 . The Zoning Map of the City of Rosemount, referred to and described in
said Ordinance No. B as that certain map entitled "Zoning Map of the City of
Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and
made part of this Ordinance.
Section 3 . This ordinance shall be effective immediately upon its passage and
publication according to law.
ENACTED AND ORDAINED into an Ordinance this 17 day of February, 2004
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTESTE:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this _ day of , 2004.
12 -09 -03 Approved minutes Planning Commission Excerpt
Public Hearing: Manley Land Development Lot Split/combo /Rezoning — Cont'd
from 11 -25 -03
Assistant Planner Lindahl reviewed the request from Manley Land Development to
rezone and subdivide the Manley property located south of 120 Street and north of
McAndrews Road. The 20 acre parcel would be rezoned from AG, Agriculture to RR,
Rural Residential and would consist of one 5.24 acre residential lot and one 15.41 acre
residential lot.
Frank Blumdetto, representing Manley Land Development, 12969 Diamond Path, Apple
Valley, was present to answer questions regarding this project.
Chairperson Weisensel opened the public hearing.
Sue Stein, 3820 120 Street West, expressed concern about the proposed shared
driveway, the proximately to the wetlands, drainage for the property, ability for other
property owners to subdivide and have a shared driveway, and if there are requirements
for ponding easements for this applicant as there were for her mother.
City Planner Pearson responded that ten years ago there were not many controls in place
for ponding areas. This request does include a conservation easement that will protect
the buffer area and is more restrictive.
Project Engineer, Anthony Aberhold responded that as the project progresses a grading
plan will be submitted, city staff has asked for a utility and drainage easement, and a
conservation easement up to the 75 foot buffer.
John Sleizer, 4090 120 Street West, expressed concern that this proposal hasn't changed
since the previous submission. Areas of concern include the water quality, drain field
encroachment, density and wetlands.
MOTION by Weisensel to close the public hearing. Second by Anderson. Ayes:
Messner, Zurn, Anderson, Napper, and Weisensel. Motion carried.
Discussion ensued regarding the impact of surrounding areas, pervious or impervious
driveway surface, drain field design/perk test data, and density.
MOTION by Messner to recommend that the City Council approve the rezoning from
AG, Agriculture to RR, Rural Residential. Second by Zurn. Ayes: Zurn, Anderson,
Napper, Weisensel, and Messner. Nays: None. Motion carried.
MOTION by Weisensel to recommend that the City council approve the simple plat to
allow the subject property to subdivide into 2 single family residential lots, subject to the
conditions outlined below.
1. Approval of the rezoning from AG, Agriculture to RR, rural Residential.
2. Approval of a driveway setback variance from 5 to zero feet for Lots 1 and
2.
3. Ensure adequate utilities by demonstrating that each lot can provide a well
and both a primary and alternative drain field with no impact on the 75
foot wetland buffer zone.
4. Dedication of all necessary easements as required by the City Engineer
including, but are not limited to a shared access and driveway easement to
allow access from both properties to 120 Street, drainage and utility
easements to the high water elevation of all wetlands, and a conservation
easement over the 75 foot wetland buffer area. These easements shall be
recorded with the proposed subdivision.
5. Payment of $3,600 in park dedication fees prior to recording the plat.
6. Issuance of a demolition permit to remove any existing structures.
7. Submission of a tree inventory and preservation plan for review and
approval by the City prior to City Council action.
8. Submission of a shared maintenance agreement for the shared driveway
for review and approval by the City Attorney.
9. Dedication of 0.66 acres of right -of -way to the City for 120 Street.
10. Conformance with all other requirements of City staff and payment of all
applicable development fees including, but not limited to, park dedication
and GIS fees.
11. Submission of revised plat illustrating no encroachment into the wetland
buffer zone by the proposed drain fields or housing pads. Only the shared
driveway and any associated grading may encroach into the wetland buffer
and any encroachment shall be mitigated on a 2:1 basis.
Second by Anderson. Ayes: Anderson, Napper, Weisensel, Messner, and Zurn. Nays:
None. Motion carried.
MOTION by Weisensel to approve a driveway setback variance from 5 to zero feet for
Lots 1 and 2. Second by Messner. Ayes: Napper, Weisensel, Messner, Zurn, and
Anderson. Nays: None. Motion carried.
SITE MAP
PROPERTY ID NUMBER: 34- 01810 - 011.05
FEE OWNER: MANELY LAND DEV INC
2113 CLIFF DR
EAGAN MN 55122
PAYABLE 2003 TAXES (DELINQUENT TAXES IN PAST YEARS)
NET TAX:
SPECIAL ASSESSMENTS:
TOTAL TAX & SA:
PAYABLE 2004 ASMNT US.4GE:RESIDENTIAL
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
LAND: LOT SIZE (EXCLUDES
BUILDING: ROAD EASEMENTS)
TOTAL: now
793,042 TOTAL SO FT
SCHOOL DISTRICT: 196 18.21 TOTAL ACRES
404,754 WATER SO FT
LOCATION: NE1 /4 NE1 /4 SECTION 18- 115 -19
PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: 6/2002 AMOUNT: 543,000
IU
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NOTE: Dimensions rounded to nearest foot
Copyright 2003, Dakota County -
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department,
Map Date: December 5, 2003 Parcels Updated: 11113/2003 Aerial Photography: 1996
2003 BUILDING INFORMATION (PAYABLE 2004)
TYPE
S.FAM.RES
YEAR BUILT
1948
ARCH /STYLE
1 -1/4 STRY
FOUNDATION SO FT 1304
FINISHED SO FT
1436
BEDROOMS
2
BATHS
1
FRAME
WOOD
GARAGE SO FT
432
OTHER GARAGE
MISC BLDG
MISC BLDG
PLAT NAME: SECTION 18 TWN 115 RANGE 19
TAX DESCRIPTION: NE 1/4 OF NE 1/4 EX COM
175.84 FT S OF NE COR W 10
RIDS S16 RIDS E10 RIDS N16
RDS TO BEG EX COM 439.84 FT
S OF NE COR S TO SE COR W
376 FT N 1099.16 FT E 211
FT S 219 FT E 165 FT TO BEG
& EX COM NE COR W 450 FT S
220.84 FT E 285 FT N 45 FT
E 165 FT N TO BEG EX PT
PLA7 ? ^ 1SC` ACCI7CN
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MEMORANDUM
DATE: February 6, 2004
TO: Kim Lindquist — Community Development Director
Jamie Verbrugge — City Administrator
Andrew Brotzler — City Engineer
Dan Schultz — Parks and Recreation Director
Rick Pearson — City Planner
FROM: Anthony Aderhold — Project Engineer
RE: Manley Development — Twin Ponds
Upon review of the Manley Land Development administrative lot split plan last updated on January
16, 2003 and received on January 26, 2003, the Engineering Department offers the following
comments:
■ House types and low floor elevations need to be provided to verify the feasibility of the
structures.
■ Drain fields for the septic tank need to maintain a minimum of 3 -feet of vertical separation to
saturated soils. Provide historic ground water level information to the City for review.
■ The City will require the applicant to submit a Wetland Conservation Act permit for the
work to be performed adjacent to or within the delineated wetlands. Wetland impacts will be
subject to a replacement ratio of 2:1.
■ The developer must install buffer monuments at designated locations.
■ The plans must note the installation of silt fence and other construction site best management
practices to control erosion. Installation must follow the policy and guidelines outlined by
the City of Rosemount's Erosion Control Policy and General Specifications for Street and
Utility Construction. The plan should also address seed mixtures to re- vegetate the disturbed
areas of the site.
■ Show proposed well locations.
CADocuments and Settings \jrl\Local Settings \Temporary Internet Files\ OLK1E \manleylanddevelopment2.doc
■ The following fees shall be collected for the proposed lot split:
Geographical Informational Systems Fees (GIS): $240.00 for a parcel split
Storm Water Trunk Area Charges: $4575 per acre * 10.57 acres = $48,357.75
If you have any questions or comments regarding the items listed above, please contact me at 651-
322 -2724
CADocuments and Settings\jrl \Local Settings \Temporary Intemet Files \OLKI E\manleylanddevelopmentldoc
MEMORANDUM
DATE: February 5, 2004
TO: Rick Pearson, City Planner
Kim Lindquist, Community Development Director
Andy Brotzler, City Engineer
Anthony Aderhold, Project Engineer
Jason Lindahl, Assistant City Planner
Jamie Verbrugge, City Administrator
FROM: Dan Schultz, Director of Parks and Recreation
RE: Manley Development — Twin Ponds
I am recommending that we collect park dedication fees for two units. The dedication amount would
be $4,800 ($2,400 x 2). This property is identified in our Parks Master Plan as a possible community
park. Because the former land owner sold a portion of the property, the site has become a lower
priority for park development.
If you have any questions, please let me know.
w
r T
City of Rosemount
Ordinance No. B - 1,3
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Manley Land Development
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1 . Ordinance B, adopted September 19, 1989, entitled "City of Rosemount
Zoning Ordinance," is hereby amended to rezone from AG, Agriculture to RR, Rural
Residential, the following properties located south of 120 Street and 3 /4 of a mile west of
Dodd Boulevard in Rosemount, Minnesota, legally described as follows:
Parcel A: The East Half of Lot One in Section 7, Township 115, Range 19,
according to the Government Survey thereof, excepting therefrom the East 450
feet of said East Half of Lot 1, Dakota County, Minnesota.
Parcel B: All that part of the Northeast Quarter of the Northeast Quarter of Section
18, Township 115, Range 19, described as follows, to -wit:
Commencing at a point on the South line of said quarter quarter section which is
376 feet West of the SE corner thereof, thence North 1099.16 feet, thence West 74
feet, thence North 220.84 feet to the North line of said section, thence West along
the North line of said section to the Northwest corner of said quarter quarter
section, thence south to the Southwest corner of said quarter quarter section,
thence east to the place of beginning, all according to the Government Survey
thereof. Except that part of the above platted as HANSON ADDITION, according
to the recorded plat thereof.
Section 2 . The Zoning Map of the City of Rosemount, referred to and described in
said Ordinance No. B as that certain map entitled "Zoning Map of the City of
Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and
made part of this Ordinance.
Section 3 . This ordinance shall be effective immediately upon its passage and
publication according to law.
3
♦ Y
ENACTED AND ORDAINED into an Ordinance this 17 day of February, 2004.
CITY OF ROS
William H. Droste, Mayor
ATTESTE:
Published in the Rosemount Town Pages this _ day of , 2004.
property. The city approved a two -lot subdivision instead of a four -lot subdivision
because the developer could not provide adequate access from the north. The city has not
eliminated the alternative of access from the south over Outlot A of Hanson Addition.
However, Outlot A is not for sale independently of Lot 1, Block 1, Hanson Addition, the
site of the Hansons' home. The natural features of the area, including terrain, proximity
to ponding areas, drainage patterns and wooded character, make installation of a street on
Outlot A highly troublesome.
Our clients intend to explore combining Outlot A with Lot 1, Block 1, for several reasons
They want to preserve and protect the natural character of the area. They also want to
maintain consistency with the current and anticipated use of the property. To that end,
10(x
M OSS & BARNETT
A Professional Association
THOMAS A. KOLLER 111
4800 Wells Fargo Center
JAMES E. O'BRIEN
90 South Seventh Street.
EDWARD L. WINER
WILLIAM A. HAUG
Minneapolis, MN 55402 -4129
CHARLES A. PARSONS, JR.
Telephone 612.347.0300
THOMAS E. HARMS
Facsimile 612.339.6686
RICHARD J. JOHNSON
ROBERT). LUKES
WWW.moss- barnett.com
JAMES A. RUBENSTEIN
THOMAS R. SHERAN
EDWARD J. BLOMME
JEFFREY L. WATSON
THOMAS J. SHROYER
DAVID P. JENDRZEJEK
CURTIS D. SMITH
DAVE E SENGER
MITCHELL H. COX
MICHAEL J. BRADLEY
January 6, 2004
PETER A. KOLLER
RICHARD J. KELBER
KEVIN M. BUSCH
SUSAN C. RHODE
Mr. Rick Pearson, City Planner
THOMAS A. JUDD
DEANNE M. GRECO
City of Rosemount
CASS S. WFIL
GLEN E. SCHUMANN
p
2875 145th Street West
JANNA R. SEVERANCE
RAY
Rosemount, MN 55068
N CY M.
_
BARRY LAZARUS
RONALD A. EISENBERG
PAUL B. ZISLA
Re: Richard D. and Vicky L. Hanson
BRIAN T. GROGAN
J. MICHAEL C ON
12275 Cobblestone Lane/Hanson Addition
- ERIC J. OLSESE N
J OSEPH G_ CUMM
Our File 23726.2
JAYMES D. LITTLEJOHN
MICHAEL R. NIXT
JAMES E BALDWIN
Dear Mr. Pearson:
DAVID S. JOHNSON
PHILIP J. YOUNG
ARTHUR W: DICKINSON
BEN M. HENSCHEL
MARK B. PETERSON
We represent Richard and Vicky Hanson,, who own the property at 12275 Cobblestone
DAN LIPSCHULTZ
MARCY R. FROST
Lane. Our clients have several concerns regarding the development review process for
JOHN K. ROSSMAN
MATHEW M. MEYER
the property immediately north of their home (the "Development Parcel').
GREGORY). WILEY
TIMOTHY L. GUSTIN
YURI B. BERNDT
J ERRIE M. HAM
First, because our clients are sometimes out of town for extended during the
KELLI A. ENDERS
periods
'ELIZABETH H. KIERNAT
Winter months, they need to make sure that they have actual notice of city
MELISSA A. BAER
proceedings
JAMESJ. VEDDER
regarding. the Development Parcel. They request that the city send duplicate
MICHAEL S. PONCIN
copies of all
ANA AL'NE DEACH
notices and correspondence about this matter to our attention. Thank in advance for
CI1NDY J. ACKERMAN
AN
you
ANTHONY A.
honoring this request.
A. LORiE A. KLEIN KEVIN
b
TERESE A. WEST
ANDREA R. SCOTT
EFFREY L. BODENSTEINER
Second, access alternatives for the Development Parcel either currently under
OF COUNSEL
ARTHURJ. GLASSMAN
consideration or contemplated for future consideration could adversely affect the Hanson
property. The city approved a two -lot subdivision instead of a four -lot subdivision
because the developer could not provide adequate access from the north. The city has not
eliminated the alternative of access from the south over Outlot A of Hanson Addition.
However, Outlot A is not for sale independently of Lot 1, Block 1, Hanson Addition, the
site of the Hansons' home. The natural features of the area, including terrain, proximity
to ponding areas, drainage patterns and wooded character, make installation of a street on
Outlot A highly troublesome.
Our clients intend to explore combining Outlot A with Lot 1, Block 1, for several reasons
They want to preserve and protect the natural character of the area. They also want to
maintain consistency with the current and anticipated use of the property. To that end,
M OSS & BARNETT
A Professional Association
Mr. Rick Pearson, City Planner
January 6, 2004
Page 2
Cobblestone Lane should be finished with a permanent cul de sac, which fits with the way the
area has ultimately developed.
We would appreciate an opportunity to discuss these matters with you. Please let us know about
your availability.
Very truly yours,
/ �1itN` Z. ),j,2
Paul B. Zisla
PBZ /ltj
cc: Mr. Jamie Verbugge, City Administrator
Mr. Jeffrey Weisenseland, Chairman, City of Rosemount Planning Commission
Mr. Craig Scott (12250 Cobblestone Lane)
Mr. and Mrs. Richard D. and Vicky L. Hanson
Charles A. Parsons, Esq.
644634/1