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HomeMy WebLinkAbout10.a. Manley Rezoning and Simple Plat%" r # #^ # `a +mot _ # ## # ,• t %: •� °# # .# tom. # # #ra + # # ► i #. %# +�- •� # % # # #• �� . ,,fee,, .,� Q.� MiliULLS ' du W uo #, uo .. # +- t #.lf #u.## _ + . # #.o IS OM WAS q t OZI W 40 M . O S JO vt 9K MDJO 1 /1 am #o a + ##. f # #.. # e. #�. Oj}Z 'l, I rtijeiuqa : TsQ cur . WRW IPUU J A41 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 . y am. 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 18 115 19 WA O w U N U) c O 4� CL Z U U) N y I x 5 1 f 7777 rl I I b � F X a W G V ` I ���.... 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Q M W 09 W r Z W a 0 w 0 0 J Y z I � z I ¢ I � o z x N 11 N w � p n N 11 n N 91 J P,� O k xu� t I �6oy t I n N IN - I I I I )III'' C y , - 1 ��:f�l i i I as a II hH 3 a 4 x N 11 N w � p n N 11 n N 91 J P,� O k xu� t I �6oy t I n N IN - I I I I )III'' C y , - 1 ��:f�l i i I as a II hH 3 a 4 II hH 3 a 4 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