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Home My WebLink About2.b. AnnexationDetachment Petition for 1.94 Acres at Dodd Road and 120th Street WEXECUTIVE SUMMARY City Council Work Session: February 13, 2017 AGENDA ITEM: Annexation/Detachment Petition for 1.94 Acres at Dodd Road and 120th Street W AGENDA SECTION: Discussion PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 2.b. ATTACHMENTS: Letter from Developer’s Attorney, Property Owner Petition for Concurrent Detachment and Annexation, Location Map, Aerial Image, Proposed Subdivision: Existing Conditions and Plat Map APPROVED BY: LJM RECOMMENDED ACTION: Provide Staff Direction on Issues of Concern to Rosemount SUMMARY The City Council is being asked to review a petition from the Lincoln Group for concurrent detachment and annexation of a 1.94 acre parcel of land immediately north of 120th Street West and east of Dodd Road that is located within the City of Rosemount (adjacent to the Rosemount VFW site). The Lincoln Group has entered into an agreement to purchase the property in conjunction with a larger 6.45 acre parcel across Rosemount’s municipal border, within the City of Eagan, with the intent of developing a small residential subdivision on the combined parcels. The detachment and annexation would allow the subdivision to be platted in a manner that does not cross municipal boundaries and to maximize the usable space north of 120th Street West. In addition to the petition and supporting information, staff has attached a preliminary layout of the proposed subdivision to this memorandum. Under Minnesota State Statutes, the least complex manner to move forward with the proposed detachment and annexation is if both Cities agree to the action and adopt resolutions in support of the property owner’s petition. Staff would like to receive some preliminary feedback from the Council concerning the request before an official resolution is brought forward for action. Some of the issues that should be considered include the following: •Dodd Road/Boulevard. A little over 16 years ago the City of Eagan terminated Dodd Road north of 120th Street West by adding a cul-de-sac approximately 500 feet north of the previous intersection. The subject parcel currently receives access from the remnant stub of Dodd Road. The proposed subdivision would not reconnect the road, and would vacate the existing right-of-way (making any future connection difficult, if not impossible). The request is a good opportunity to raise the issue of reinstating Dodd Road as a through street, unless the Council is not inclined. •As part of previous conversations with the City of Eagan regarding the potential extension of public services into Rosemount, Eagan agreed to enter into a joint powers agreement with Rosemount concerning such improvements provided they were done in concurrence with an extension of 120th Street to the west of South Robert Trail (TH3). If the proposed project moves forward, there are 2 some questions about how the subdivision may or may not impact plans to improve 120th Street. Further, the concept of detailing out the development related issues along 120th both east and west of Hwy 3 makes sense. Clarity of expectations for “border” development would be helpful. • The Rosemount VFW building is located on a parcel located immediately east of the proposed annexation site. Staff would not recommend any further extension of the detachment area to include this parcel since the building is entirely located within the City of Rosemount. Discussions with Eagan and clarifying expectations about the VFW parcel would also be helpful. They are in the same position as the proposed development site, having a property that is cut by the municipal boundary. RECOMMENDATION Review the petition and supporting information and provide direction to staff. The City will need to respond to the petition at an upcoming meeting. Netzell Legal Services, PLLC 7900 lnternational Drive, Suite 300 Bloomington, MN 55425 Telephone 9 52-85 I -7 87 7 Fax952-513-4632 tim@netzell.com January 25,2077 Mr. Kyle Klatt City of Rosemount 2875 t45th St W. Rosemount MN 55068 VIA E-MAIL ONLY Re.The Lincoln Group, Inc. Detachment and annexation Parcel ID #: 34-00800-14-012 Dear Mr. Klatt, As we briefly discussed, I represent The Lincoln Group, Inc. in the development of certain property which is currently located in both the City of Rosemount and the City of Eagan. The parcel located in Rosemount is referenced above, and the parcel located in Eagan is tax parcel # 10-03600-55-013. They are both now under contract by my client and the subject ofa residential development proposal. To accomplish the development of the property, my client is requesting that the entire property be located within the City of Eagan so that no municipal boundaries are crossed by the proposed new plat. Please consider this letter the request ofThe Lincoln Group, Inc. for a resolution of the City of Rosemount to approve the detachment of the parcel in question, and its annexation into the City of Eagan. I have enclosed for your review a copy of a boundary exhibit prepared by Kaskaskia Engineering Group, LLC which shows the entire parcel, along with the location of the current municipal boundary. (The parcel located in the City of Rosemount is highlighted.) Also attached is a copy of the aerial map from the Dakota County records which shows the visual perspective of the property. I have spoken with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearing, and discussed the process they would like to have followed to complete this matter. Their request is to have both cities approve, by resolution, the detachment and annexation of the property, and upon their receipt of those resolutions and the petition of the land owner, they will approve that matter. I have also attached for your review the draft petition which we would intend to file with them upon approval by both cities. Minnesata Statc llar .Aiisrxiatiun l-i,rt i {i.,.1 r Sp*ri:r lirt Rea I Property L6w Mr. Kyle Klatt City of Rosemount January 25,20L7 Page2 Thank-you for your time and consideration of this matter. If you have any questions, please feel free to contact me with any questions that may arise. I would also appreciate your contacting me with what you believe may be a reasonable time frame for review and approval of this process. Enclosures Cc: Mr. Daniel P. Lincoln,via e-mail. il enclosures L{ilrncsutu Surtu l}ar Assr.rciution l.-'r*tili"'J r Sp*iralirt Real Property Law Sincerely, PROPERTY OWNER PETITION FOR CONCURRENT DETACHMENT AND ANNEXATION IN THE MATTER OF THE PETITION BY ALL OF THE PROPERTY OWNERS FOR THE DETACHMENT OF CERTAIN LAND FROM THE CITY OF ROSEMOUNT, MINNESOTA AND CONCURRENT ANNEXATION TO THE CITY OF EAGAN, MINNESOTA PURSUANT TO MINNESOTA STATUTES § 414.061, SUBD. 5 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TO: Office of Administrative Hearings Municipal Boundary Adjustment Unit P. O. Box 64620 St. Paul, MN 55164-0620 We, the undersigned, being all of the property owners of the following described land, hereby request the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings to detach said property from the City of Rosemount and annex it to the City of Eagan, pursuant to Minnesota Statutes § 414.061, Subd. 5: INSERT THE COMPLETE AND ACCURATE PROPERTY DESCRIPTION. DO NOT USE DESCRIPTIONS FROM PROPERTY TAX STATEMENTS. In bringing forward this petition, the petitioners state that: 1. There is one (1) property owner of the area proposed for detachment/annexation. (All of the property owners are required to sign a petition under Minnesota Statutes § 414.061, Subd. 5, to commence the proceeding. If the land is owned by both husband and wife, both must sign the petition to represent all owners.) 2. The property is presently within the City of Rosemount and abuts the City of Eagan, in the County of D. 3. The property proposed for detachment/annexation is 84,396 sq. ft. or approximately 1.94 acres). 4. This boundary adjustment is being requested because: The entire parcel owned by the owner is the site of a proposed single family residential development. Approximately 294,970 sq. ft., or approximately 6.77 acres, are located within the City of Eagan, and the balance of 84,396 sq. ft. (approximately 1.94 acres), is located in the City of Rosemount. The orderly development of the entire parcel is not possible with the municipal boundary of the property bisecting the owners site. Date:_____________________________ ______________________________ Property Owner ______________________________ Property Owner NOTE: Pursuant to Minnesota Statutes § 414.061, Subd. 5, the petition must be accompanied by a resolutio n of at least one of the affected municipalities. Municipal Boundary Adjustment Unit Contacts Star Holman star.holman@state.mn.us 651-361-7909 Katie Lin katie.lin@state.mn.us 651-361-7911 (September 2011) -" " 0 ~ "' 0 "' "O " 0 " 0 "' 0 ~ ... 0 -i "' ~ "' " ·;; i: 0 0 0 < ~ 0 < ~ 0 ~ " -0 -"' w " "O ·;;; ~ 0 (L ... 0 - f2) ~- M-123.43 City of Eagan D-123.31 --t l--!_ __ _J_----;S,;;8;.:8.4409~'oCY'o"ww~ 820.31 City Of RO s em Ou n -------- 50 100 I "' ;; a: HORIZONTAL: 1"=50' w ...J c;: LAST PLOTTED: 1/25/2017 8:54 AM X X X + __ -...L ___ -.JL )( --- I ,_-I '1 ' ' " ~ I/ " V I L-', ,, I I , -I " ,., ,\ ·-d L. V ...., " -,--:; I I " L. V X X X x __ _ x _......_ ____ -.J 120th St. West Roadwa 27' W \ \ EXCEPTION a I S88°26' 30"W 687.67 X X X \ ~Government -/ Lot 1 !$. 2ptic tank/ ,.._ cover / 103°24'30" N89°34 28 E 410.36 \ ~~ ll'. " o~.~ ~ ~ \ X co fv) o· fv) L{) ,ki fv) _L{) >< 0 0 (\J ,.._ < >< J septic tank cover X I X < 0 {:::: 8 () cJ I I I I )( )( X X 400.00' I I I - I I I I I I I I I I esterly right of way line of State Trunk Highway No. 3 and south · e of Government Lot 1 0 0 -~ REV. DATE DRAWN BY: SCA CHECKED RPA BY: DESCRIP 01 SHEET NO. _Ql_ OF __fil_ SHEETS PROJECT NUMBER 16-1104 PARKSIDE SUBDIVISION PRELIMINARY PLANNED DEVELOPMENT CITY OF EAGAN, MINNESOTA VICINITY MAP COVER SHEETPARKSIDE SUBDIVISIONCITY OF EAGANDAKOTA COUNTY, MN01/18/2016 00/00/20XX XX 16-1104 00/00/20XX SMS TJH DWK