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Home My WebLink About6.f. Flint Hills Resources Simple Lot Division and Lot Front Variance Requests for 12131 Rich Valley BoulevardCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: October 21, 2003 AGENDA ITEM: Flint Hill Resources Simple Lot Division and Lot AGENDA SECTION: Front Variance Requests for 12131 Rich Valley Consent Boulevard PREPARED BY: Jason Lindahl, A.I.C.P.,Assistant Planner AGENDA I # " 6 F ATTACHMENTS: Draft Resolution, Site Location Map, Lot APPROVED BY: Certification for Minor Subdivision, Staff Report, Engineer's Memo dated September 15, 2003. Applicant: Flint Hill Resources Location: 12131 Rich Valley Boulevard Property Owner(s): Flint Hills Resources Area in Acres: Approximately 52.6 Acres Number of Lots: Two Comp. Guide Plan Desig: AG, Agriculture Current Zoning: AG, Agriculture Planning Commission Action: Approved Variance 5 -0 and Recommended Approval of Simple Lot Division 5 -0 SUMMARY The applicant, Flint Hills Resources, requests a simple lot division and lot frontage variance for the property located at 12131 Rich Valley Boulevard. The applicant proposes to split off the westerly 450 feet from the subject property to create a new 6.8 acre lot (Parcel A). This new lot will contain an existing single family dwelling and two accessory buildings. The remaining lot (Parcel B) is undeveloped and will be approximately 45.79 acres in size. This split is necessary to create a lot which meets the minimum lot dimensional standards for properties in the AG, Agriculture District and to allow the current residents to purchase this property from Flint Hills Resources. The lot frontage variance is necessary to allow this property to have less than the required 300 feet of frontage along a public street. Instead, the subject property will have access to Rich Valley Boulevard through a 30 foot wide driveway easement over Parcel B. Staff reviewed this application against the performance standards for properties in the AG, Agriculture District and Subdivision Ordinance. This review is detailed in the attached staff report dated September 18, 2003 and summarized below. • Parcel A contains an existing principal structure and two accessory buildings which meet the minimum performance standards for the AG, Agriculture zoning and land use designations. • As proposed, Parcel A will be approximately 659 feet wide; however, none of this frontage will be along a public street. As a result, Parcel A must receive a variance from the minimum 300 foot lot frontage standard. • Access to Parcel A will come from a 30 foot wide driveway easement. Parcel B will have approximately 368 feet of frontage along Rich Valley Boulevard and could establish an access along this property line. • The applicant's site plan illustrates two drain fields but no well or public water service. The applicant must demonstrate that the single family dwelling on Parcel A has water service prior to recording of the proposed lot division. Should it be determined that the site has city water service, the applicant will be required to dedicate a utility easement on Parcel A to allow maintenance and access to this service by the City. • This lot split will create one new residential lot; therefore, the applicant will be required to pay $1,800 in park dedication fees. This fee shall be paid to the City prior to recording of the proposed lot division. MEMORANDUM DATE: September 15, 2003 TO: Chantel Nelson — Community Development Secretary CC: Jamie Verbrugge — City Administrator Andrew Brotzler — City Engineer Dan Schultz — Parks and Recreation Director Rick Pearson — City Planner Mick Kaehler — Building Code Official FROM: Anthony Aderhold — Project Engineer RE: Flint Hills Resources Lot Split After reviewing the Flint Hills Resources Lot Split at 12131 Rich Valley Boulevard the Engineering Department offers the following comments: Existing private utilities are shown on the plat in the proposed access easement. If the existing private utilities are solely for the use of Building A, the proposed easement should be a drainage and utility easement. If you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2724 C:\Documents and Settings \jrl \Local Settings \Temporary Internet Files \OLKIE\FHR12131.doc • This application meets the five criteria needed to demonstrate a hardship; therefore staff recommends and the Planning Commission approved the lot frontage variance for the subject property. The Planning Commission reviewed this item during their September 23, 2003 meeting. At that meeting, the Planning Commission held a public hearing and heard from the applicant. After receiving public comment and reviewing the staff report, the Planning Commission unanimously approved the lot frontage variance and unanimously recommended that the City Council approved the simple lot division from Flint Hills Resources for the property located at 12131 Rich Valley Boulevard. RECOMMENDED ACTION: The Planning Commission and staff recommend that the City Council take the following action: Motion to adopt a resolution approving the Simple Lot Division for the property located at 12131 Rich Valley Boulevard. This recommendation is base on the information submitted by the applicant and the findings made in the September 18, 2003 staff report. This approval is subject to the conditions outlined below. A deed restriction shall be placed on Parcel B to prohibit any residential use or future subdivision of this property. 2. Approval of a lot frontage variance for Parcel A from the minimum 300 foot lot frontage standard. Dedication of a 30 foot wide access easement across Parcel B to allow access to Parcel A from Rich Valley Boulevard. 4. Demonstration that the single family dwelling on Parcel A has water service prior to recording of the proposed lot division. If there is a well on site, it must be illustrated on the plans and shall confonn with all applicable Building Code requirements. Should it be determined that the site has city water service, the applicant will be required to dedicate a utility easement to allow maintenance and access to this service by the City. 5. Payment of $1,800 in park dedication fees to the City prior to recording of the propose lot division. 6. Conformance with all other requirements of City staff and payment of all applicable development fees. CITY COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003- A RESOLUTION APPROVING THE LOT SPLIT FOR FLINT HILLS RESOURCES WHEREAS, the Planning Department of the City of Rosemount received an application from Flint Hills Resources for approval of a division of property, said property legally described as: That part of the North Quarter of Section 14, Township 115, Range 19, Dakota County, Minnesota, lying westerly of the centerline of CSAH 71 (Rich Valley Boulevard) and lying north of the south 663.00 feet thereof except the following described tract: Commencing at the Southeast corner of said North Half of the Northeast Quarter, thence south 89 degrees 30 minutes 36 seconds West (assumed bearing) along the south line thereof a distance of 1128.92 feet to the centerline of Rich Valley Boulevard, (County Road 71); thence North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 728.11 feet to the point of beginning.of the land to be described; thence continuing North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 121.27 feet; thence northwesterly along said centerline and a tangential curve to the left which is concave to the southwest, central angle of 3 degrees 33 minutes 30 seconds, radius of 1609.67 feet, a distance of 99.97 feet, thence North 21 degrees 07 minutes 41 seconds West along to said centerline and tangent to said curve a distance of 78.52 feet; thence south 89 degrees 30 minutes 36 seconds West, parallel with the south line of said North Half of the Northeast Quarter a distance of 720.93 feet; thence south 0 degrees 29 minutes 24 seconds East a distance of 317.00 feet to the North line of said North Half of Northeast Quarter a distance of 826.67 feet to said centerline of Rich Valley Boulevard (County Rd. No. 71); thence North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 34.52 feet to the point of beginning, together with an Easement on the following described strip of land: The North 86 feet of the south 696 feet to that part of the North Quarter of said Section 14 lying West of the Westerly right -of -way line of County State Highway No. 71. Abstract. WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on September 23, 2003, as required by the subdivision ordinance, for the purpose of receiving testimony regarding the requested lot division; and, WHEREAS, the Planning Commission adopted a motion to recommend approval of the lot division to the City Council with conditions; and, WHEREAS, on October 21, 2003, the City Council of the City of Rosemount reviewed the recommendation forwarded by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the division of the above referenced parcel resulting in the following described parcels: RESOLUTION 2003- Parcel A The West 450.00 feet to the North 659.62 feet of the North Half of Section 14, Township 115, Range 19, Dakota County, Minnesota, according to the Government Survey thereof. Together with a 30 -foot wide driveway easement, 15 feet on each side, the centerline of which is described as follows: Commencing at the Northwest corner of said Section 14; thence South along the West line of said Section 14, assumed bearing of South 0 degrees 12 minutes 46 seconds East, 659.62 feet, to the north line of the south 663 feet of the North Quarter of said section lh; thence along the said north line, North 89 degrees 30 minutes 36 seconds West, 645.23 feet, to the point of begimning of the centerline to be described; thence on a non- tangential curve concave to the Northeast, radius 416.43 feet, chord bearing = North 46 degrees 26 minutes 57 seconds, Chord length = 270.32 feet, to a point on the said East line of West450 feet of 669 feet of Section 14 and there terminating. Said easement is 15 feet on either side of the centerline shortened or prolonged to the said 66 -foot wide easement and the said East line. Parcel B That part of the North Quarter of Section 14, Township 115, Range 19, Dakota County, Minnesota lying westerly of the centerline of CSAH 71 (Rich Valley Boulevard) and lying north of the south 663.00 feet thereof except the following described tract: Commencing at the Southeast corner of said North Half of the Northeast Quarter, thence South 89 degrees 30 minutes 36 seconds West (assumed bearing) along the south line thereof a distance of 1128.92 feet to the centerline of Rich Valley Boulevard (County Road No. 71); thence North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 728.11 feet to the point of beginning of the land to be described; thence continuing North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 121.27 feet; thence northwesterly along said centerline and a tangential curve to the left which is concave to the southwest, central angle of 3 degrees 33 minutes 30 seconds, radius of 1609.67 feet, a distance of 99.97 feet, thence North 21 degrees 07 minutes 41 seconds West along to said centerline and tangent to said curve a distance of 78.52 feet; thence South 89 degree 30 minutes 36 seconds West, parallel with the south line of said North Half of the Northeast Quarter a distance of 720.93 feet; thence South 0 degrees 29 minutes 24 seconds East a distance of 317.00 feet to the North line of said North Half of Northeast Quarter a distance of 826.67 feet to said centerline of Rich Valley Boulevard (County Road No. 71); thence North 17 degrees 34 minutes 11 seconds West along said centerline a distance of 34.52 feet to'the point of beginning, AND the West 450.00 feet of the North 659.62 feet of the North Quarter of Section 14, Township 115, Range 19. Subject to a 30 -foot wide driveway easement, 15 feet on each side, the centerline of which is described as follows: Commencing at the Northwest corner of said Section 14; thence South along the West line of said Section 14, assumed bearing of South 0 degrees 12 minutes 46 seconds East, 659.62 feet, to the north line of the south 663 feet of the North Quarter of said Section 14; thence along the said north line, North 89 degrees 30 minutes 36 seconds West, 645.23 feet, to the point of beginning of the centerline to be described; thence on a non - tangential curve concave to the Northeast, radius 418.43 feet, chord bearing = North 46 degrees 26 minutes 57 seconds, chord length = 270.32 feet, to a point on the said East line of West 450 feet of 663 feet of Section 14 and there terminating. Said easement is 15 feet on either side of the centerline shortened or prolonged to the said 66 -foot wide easement and the said East line. 2 RESOLUTION 2003- Abstract. BE IT FURTHER RESOLVED, the approval of this lot split is subject to: 1. A deed restriction shall be placed on Parcel B to prohibit any residential use or future subdivision of this property. 2. Dedication of a 30 -foot wide access easement across Parcel B to allow access to Parcel A from Rich Valley Boulevard. 3. Payment of one unit of Park Dedication fees prior to recording of the proposed lot split. 4. Conformance with all other requirements of City Staff. 5. Payment of all applicable development fees as specified in the current fee resolution. ADOPTED this 21 day of October, 2003, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: 3 SITE MAP PROPERTY ID NUMBER: 34- 01400 - 015 -01 FEE OWNER: KOCH REFINING CO TAX DEPT PO BOX 2256 WICHITA KS 67201.2256 PROPERTY ADDRESS: 12131 RICH VALLEY BLVD ROSEMOUNT MN 55068 PAYABLE 2003 TAXES NET TAX: mawaft SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: oroppqw PAYABLE 2004 ASMNT USAGE:AG RESIDENTIAL NOTE: Dimensions rounded to nearest fool Copynght 2003, Dakota County - 2003 ESTIMATED MARKET VALUES (PAYABLE 2004) LAND: 900404 LOT SIZE BUILDING: TOTAL: SENOM 2,291,366 TOTAL SO FT 52.60 TOTAL ACRES SCHOOL DISTRICT: 196 11,792 ROAD RAN SO FT LOCATION: NE1 /4 NW1 /4 SECTION 14. 115 -19 PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: 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: September 11, 2003 Parcels Updated: 9/4/2003 Aerial Photography: 1990 2003 BUILDING INFORMATION (PAYABLE 2004): TYPE S.FAM.RES YEAR BUILT 1983 ARCH/STYLE ONE STORY FOUNDATION SO FT 2452 FINISHED SO FT 4450 BEDROOMS 5 BATHS 4.25 FRAME WOOD GARAGE SO FT 676 OTHER GARAGE MISC BLDG MISC BLDG PLAT NAME: SECTION 14 TWN 115 RANGE 19 TAX DESCRIPTION: N 1/4 OF SEC EX S 663 FT OF W 2648 FT SUBJ TO ESMNT EX PT E OF C/L CR #71 EX COM SE CDR W 1128.92 FT TO C/L RO N 17034M 11 S W ON C/L 1027.87 FT S 890 30M 36S W 720.93 FT S OD 29M 24S W 317 FT S 890 30M 36S W 479.66 FT S 00 12M 52S 663.01 FT TO S LINE E 1513.23 FT TO BEG EX RR 1411519 ..�- ....... GOV 1� LC, Z SEC. T. 1 Z, R..9 .,.. to df- W. I SEC. .. R. 1 � — 1 1 I / 4R l� " � 1 I v va.a nv Yr /Yr/II \�.N�Y'ullyr�\ rr s�'—iw i��.�wr��, 1 f I W 1 G I I � — 1 1 I / 4R l� " � 1 I v va.a nv Yr /Yr/II \�.N�Y'ullyr�\ rr s�'—iw i��.�wr��, 1 — 1, • — 1 1 I / 4R l� " 1 1 1 I farlwo ceecHnlcle 1 1 Nra.r.,r� Wary 1�� r I W Y... rwowlco IfoK oYFrAR�olt I a Q dl WALE: INCH -200 F"T LOT CETIFICADON FOR MINOR BUBOIVI910N rer, KILLS RESO LP arm DAKOTA Y. J6YBpr1 OO., laC LAND SURVEYORS -. ,a LEGEND v va.a nv Yr /Yr/II \�.N�Y'ullyr�\ rr s�'—iw i��.�wr��, WALE: INCH -200 F"T LOT CETIFICADON FOR MINOR BUBOIVI910N rer, KILLS RESO LP arm DAKOTA Y. J6YBpr1 OO., laC LAND SURVEYORS -. ,a MEMORANDUM TO: Rick Pearson, City Planner City of Rosemount Planning Commission FROM: Jason Lindahl, A.I.C.P., Assistant City Planner DATE: September 18, 2003 RE: Simple Lot Division — 12131 Rich Valley Boulevard BACKGROUND The applicant, Flint Hills Resources, requests a simple lot division and Lot frontage variance for the property located at 12131 Rich Valley Boulevard. The applicant proposes to split off the westerly 450 feet from the subject property to create a new 6.8 acre lot (Parcel A). This new lot will contain an existing single family dwelling and two accessory'buildings. The remaining lot (Parcel B) is undeveloped and will be approximately 45.79 acres in size. This split is necessary to create a lot which meets the minimum lot dimensional standards for properties in the AG, Agriculture District and to allow the current residents to purchase this property from Flint Hills Resources. The lot frontage variance is necessary to allow this property to have less than the required 300 feet of frontage along a public street. Instead, the subject property will have access to Rich Valley Boulevard through a 30 foot wide easement over Parcel B. Staff reviewed this application against the performance standards for properties in the AG, Agriculture District and Subdivision Ordinance. Our findings are detailed below. ISSUE ANALSIS Land Use & Zoning. The subject property is guided and zoned AG, Agriculture. By Comparison, the existing land use is single family residential. The existing principal structure and two accessory buildings meet the minimum performance standards for these zoning and land use designations. Lots. The applicant proposes to split off the westerly 450 feet from the subject property to create a new 6.8 acre lot (Parcel A). The remaining lot (Parcel B) will be approximately 45.79 acres in size. A deed restriction shall be placed on Parcel B to prohibit any future residential use or subdivision of this property. The aspects of this lot division are illustrated in the table below. Lot Division Information for 12131 Rich Valley Boulevard AG District Parcel Standard Existing Proposed Status Size Width Size Width Size Width Original Parcel 5 acres 300 ft. 52.6 acres 368 ft. N/A N/A N/A A 5 acres 300 ft. N/A N/A 6.8 659 ft.* Non- -- I I Conforri B 5 acres 1300 ft. I N/A N/A 45 acres 368 ft. I Conforming i nts frontage is not on a puottc street ana therefore requires a variance. Access. As proposed, Parcel A will be approximately 659 feet wide. However, none of this frontage will be along a public street. Therefore, this lot will need to receive a variance from the minimum 300 foot lot frontage standard. Access to Parcel A will come from a 30 foot wide driveway easement. Parcel B will have approximately 368 feet of frontage along Rich Valley Boulevard and could establish an access along this property line. Grading & Drainage. This lot split will not create any new dwellings or require any on site grading. Utilities. The applicant's site plan illustrates two drain fields but no well or public water service. The applicant will be required to demonstrate that the single family dwelling on Parcel A has water service prior to recording of the proposed lot division. If there is a well on site, it must be illustrated on the plans and shall conform with all applicable Building Code requirements. Should it be detennined that the site has city water service, the applicant will be required to dedicate a utility easement on Parcel A to allow maintenance and access to this service by the City. Easements. As noted above, the applicant will be required to demonstrate that the single family dwelling on Parcel A has water service prior to recording of the proposed lot division. Should it be determined that the site has city water service, the applicant will be required to dedicate a utility easement on Parcel A to allow maintenance and access to this service by the City. Park Dedication. This lot split will create one new residential lot. As a result, the applicant will be required to pay $1,800 in park dedication fees. This fee shall be paid to the City prior to recording of the proposed lot division. Variance. The Planning Commission shall act as the Board of Appeals and Adjustments and shall have the power to hear and decide variance requests. According to Section 14.2.G, there are five criteria to review when considering a variance request. The Board of Appeals and Adjustments must approve or deny each request based on findings related to each standard. The City Council shall have the power to decide any appeals of the Board of Appeals and Adjustments' decisions. The five criteria used to weigh each variance request, and staff's findings for each, are listed below. 2 Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. Finding: Approving this lot frontage variance request should have a negligible effect on the public health, welfare and safety or improvements within the neighborhood. 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide Plan. Finding: Both the AG, Agriculture zoning and land use designation set minimum lot sizes of five acres. This proposal will create two lots, one 6.8 acres and one 45 acres, which both meet the minimum dimensional performance standards for these land use designations. In addition, staff is recommending a condition of approval place a deed restriction on Parcel B prohibiting additional residential use or subdivision of this property. This restriction will guarantee compliance with the AG, Agriculture density standards. Therefore, this variance request is consistent with the overall density standards in both the Zoning Ordinance and Comprehensive Plan. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. Finding: The placement of the existing house and two accessory buildings near the western corner of the subject property creates a unique situation that limits the subdivision options for this lot. 4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same district. Finding: The proposed simple lot division creates two properties that are consistent with the spirit and intent of the use and performance standards for the AG, Agriculture zoning and land use designations. Therefore, staff finds that prohibiting this simple subdivision request would deny the applicant use of the property commonly enjoyed by other owners of single family dwellings within this zoning district. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. Finding: In this case, granting this lot frontage variance request will not allow a use which is otherwise not permitted in the AG, Agricultural District. In fact, it will permit subdivision of this property consistent with the City's Zoning Ordinance and Comprehensive Plan. CONCLUSION AND RECOMMENDATION Staff recommends approval of a simple lot division and lot frontage variance for the property located at 12131 Rich Valley Boulevard. The simple lot division is necessary to create a lot which meets the minimum lot dimensional standards for properties in the AG, Agriculture District and to allow the current residents to purchase this property from Flint Hills Resources. The lot frontage variance is necessary to allow this property to have less than the required 300 feet of frontage along a public street. Instead, the subject property will have access to Rich Valley Boulevard. through a 30 foot wide driveway easement. Staff's recommendation is based on the information submitted by the applicant and findings contained in this report. This recommendation is subject to the conditions listed below. 1. A deed restriction shall be placed on Parcel B to prohibit any future subdivision of this property prior to recording of the proposed lot division. 2. Approval of a lot frontage variance for Parcel A from the minimum 300 foot lot frontage standard. 3. Dedication of a 30 foot wide access easement across Parcel B to allow access to Parcel A from Rich Valley Boulevard. 4. Demonstration that the single family dwelling on Parcel A has water service prior to recording of the proposed lot division. Should it be determined that the site has city water service, the applicant will be required to dedicate a utility easement to allow maintenance and access to this service by the City. 5. Payment of $1,800 in park dedication fees to the City prior to recording of the propose lot division. 6. Conformance with all other requirements of City staff and payment of all applicable development fees. 4