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HomeMy WebLinkAbout6.i. Marotzke Agriculture Lot Division, Biscayne AvenueCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 6, 2003 AGENDA ITEM: Marotzke Agriculture Lot Division, Biscayne Ave. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner I TEM #6 ATTACHMENTS: Draft Resolution, Survey, location map, PC APPROVED BY: Minutes 4 -8 -03 Applicant & Property Owner(s): Don Marotzke Location: 1/8 mile south of the intersection of Biscayne Ave. and STH 3 on the east side of Biscayne Avenue. Area in Acres: 5 acre lot split of from 40.33 acres Number of Lots: Parcel A - 5 acres; Parcel B - 35.33 acres Comp. Guide Plan Desig: Rural Residential (RR) — Density: One dwelling unit per five acres. Current Zoning: Agricultural Preserve (AGP) — One dwelling unit per forty acres. Planning Commission Action: Recommendation of Approval (5 -0) SUMMARY This proposed lot split in the Rural area east of South Robert Trail is typical of an Agricultural lot split for one of the Marotzke family members. The 40 -acre parcel requested for subdivision is vacant and is part of a larger farm. The Marotzke farmstead is in the Red Pine area of Eagan. The parcel being created meets lot dimension standards for metes & bounds (unplatted) divisions in the Agriculture and Rural Residential Districts. The five -acre parcel will front on Biscayne Avenue, and will have to be rezoned to Rural Residential. The remnant will continue to be zoned Agriculture Preserve, until it is out of the program. Ag Preserve is a state tax reduction program for agricultural land. It involves a contract that is renewed on an eight -year cycle, and is administered by Dakota County. The Marotzkes have indicated that they will not be renewing their Ag- preserve status. PLANNING COMMISSION PUBLIC HEARING Two area residents expressed support for the lot division, that it was consistent with the rural character of the area. Attorney Reid Hanson indicated that the property owner was no longer in the Ag Preserve program. Staff has verified this with Dakota County, so that the entire forty acres can be rezoned to Rural Residential, in conformance with the 2020 Rosemount Comprehensive Plan. RECOMMENDED ACTION: Motion to adopt a resolution approving the lot split for the Marotzke property. CITY COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003- A RESOLUTION APPROVING THE LOT SPLIT FOR DONALD MAROTZKE WHEREAS, the Planning Department of the City of Rosemount received an application from Donald Marotzke for approval of a division of property, said property legally described as: The Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Containing 40.33 acres. WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on April 8, 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 May 6, 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: Parcel A The north 320.30 feet of the west 680.00 feet of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Subject to public road easements and all other easements, if any. Containing 5.0 acres. Remainder of Original Parcel The Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota, EXCEPT the north 320.30 feet of the west 680.00 feet of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Subject to public road easements and all other easements, if any. Containing 35.33 acres. BE IT FURTHER RESOLVED, the approval of this lot split is subject to: 1. Incorporation of recommendations relative to drainage & utility easements and street easement /right -of -way needs as identified by the City Engineer. 2. Payment of required fees as specified by the current fee schedule including: a) G.I.S. fees. b) Park dedication (one unit). 3. Rezone the 5 -acre parcel and 35- acre remnant to Rural Residential as part of Comprehensive Plan implementation. RESOLUTION 2003- ADOPTED this 6 th day of May, 2003, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Voted in favor: Voted against:_ Member absent: Seconded by: 2 LkMK;:U Yor: 803013 Don Marotzke DELMAR 1 SCHWANZ lANO SIaEVCVpgb. INC. . n"l�Mw"Y 1/nOn L"w of 1M llaM al MImw�M" 14750 SOUT.!! ROBERT TRAIL ROSEMOUNT. M.NNESOrA 55058 651/423-1759 SURVEYOR'S CERTIFICATE SCALE: 1 INCH 200 FEET !t = Iron pipe non orient to be set N89'46'59 "E 1360.17 Cn 0 CU O m 3 CU 511 m V .ti O Z 680.26 647.25 PARCEL A CU CU Rm 3 I Im_ _ _ _5 AC. _ — I 680.00 _ N < [n o '\ I I ml In Y - 647.25 S89'46'59 "W 680.26 / i PARCEL B 1LJ 35.33 AC. I dc I I 33 1 33 S89'48'03 "W 1339.06 0 CV 0 m W CD T CU n O O CA Original Parcel: The Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Containing 40.33 acres. Parcel A: The north 320.30 feet of the west 680.00 feet of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Subject to public road easements and all other easements, if any. Containing 5.0 acres. Remainder of Original Parcel: The Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota, EXCEPT the north 320.30 feet of the west 680.00 feet of the Southwest Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota. Subject to public road easements and all other easements, if any. Containing 35.33 acres. � f I hereby ttrlily that this survey, plan, or report was S..... �� r p. rpared by me or under my direct supervision and that I am a duty Registered Land Surveyor under Ih" laws of the State of Minnesota. J t '� /! /' - t • .� _ S HWANZ 1 � � ( /, /� �i� ✓ ,1 ' �� /.. +...: Dated – FMbruary 18 2003 Delmar H. Schwa. - -- " —_ ',p '(y n Minnesota Registration He. 3625 SITE MAP PROPERTY ID NUMBER: 34- 01610- 010 -31 FEE OWNER: EARL & DORIS MAROTZKE 535 GUN CLUB RD EAGAN MN 55123 -3074 PAYABLE 2003 TAXES NET TAX: 185.78 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 185.78 PAYABLE 2004 ASMNT USAGE:AG -GREEN ACRES / 12 O "1222 �10 i� 123 243 f� 45 0 .67 349 �2 12540 NOTE: Dimensions rounded to nearest foot Copyright 2003, Dakota County - 2003 ESTIMATED MARKET VALUES (PAYABLE 2004) LAND: 434,500 LOT SIZE BUILDING: TOTAL: 434,500 1,756,900 TOTAL SO FT 40.33 TOTAL ACRES SCHOOL DISTRICT: 196 10,823 WATER SO FT 42,861 ROAD RAN SO FT LOCATION: SW1 /4 NW1 /4 SECTION 16- 115 -19 PAYABLE 2004 HOMESTEAD STATUS: FULL 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. 2003 BUILDING INFORMATION (PAYABLE 2004): NO DATA AVAILABLE PLAT NAME: SECTION 16 TWN 115 RANGE 19 TAX DESCRIPTION: SW 114 OF NW 1/4 040000 1611519 1 I Map Date: March 28, 2003 Parcels Updated: 3/2112003 Aerial Photography: 1990 Planning Commission Meeting Minutes April 8, 2003 Page 3 Jeff Fadden, 1223 iscayne Avenue, asked if they w re making an ordinance they weren't going to follow. He Xit it was very arbitrary and t t not a lot of buildings would fall into this. He asked what it applie to. Mr. Pearson stated this apple to the 8 -9 fa s west of Akron Avenue that have barns. The zoning ordinance does not allo accessory tructures of that size to be rebuilt unless they are brought into conformance. That eans th shingles and siding needs to match the house. This is an exception that would allow a tra 'tio 1 barn to be rebuilt and conform to the standards. The distinction is that this -is what started o as a farmstead and has now become a rural residential type of use of less than 20 acres. The n as is to allow someone who now has a former farmstead to be able to maintain the ppea nce of the barn to try to preserve rural character. MOTION by Napper to close th public hearin Second by Messner. Ayes: Messner, Anderson, Napper, Weisensel. ays: 0. Motion c ed \Napper, MOTION by Anderson to re ommend that the Citopt an amendment to the zoning ordinance establishing an e ception to the accessoraterials standards for traditional farmsteads. Second by N per. Ayes: Anderson, sensel, Messner. Nays: 0. Motion carried. Public Hearing: Marotzke Agricultural Lot Split This proposed 5 -acre lot split in the rural area east of South Robert Trail on Biscayne Avenue. This 40 -acre parcel is vacant for subdivision and is part of a larger farm. The parcel being created meets lot dimension standards for unplatted divisions and density standards for Agriculture and Rural Residential zoning districts. It will front on Biscayne Avenue and will have to be rezoned to rural residential. The remaining remnant will continue to be zoned Agriculture Preserve until it is out of the program. That program is a state tax reduction program for agricultural land that requires a contract renewed on an eight -year cycle and is administered by Dakota County. The AG preserve status will not be renewed. There was discussion on the AG preserve status and if land can be split off that original parcel. Mr. Pearson stated that the whole parcel is in AG preserve but it is possible to have less than 40 acres in AG preserve as long as the density is preserved. They could not put in 4 -5 houses on this land but they can put up one house to meet the one dwelling unit per 40 acres density in the AG preserve district. Reid Hansen, attorney for applicants, wanted to note that the land is no longer in AG preserves which calls into question the need for a deed restriction. The last time the filing came up they decided not to file for the AG preserve and he assumes they have agricultural zoning. He stated Doris Marotzke typically signed up and immediately terminated so it was running the eight years and this was the end of it a couple of years ago. Their termination of the eight years was ending and they did not sign up again. Chairperson Weisensel opened the public hearing. Jeff Fadden, 12231 Biscayne Avenue, supports this lot split. He also stated he did not care where the house was built on the lot and he supported them developing the remaining land into five -acre parcels. Planning Commission Meeting Minutes April 8, 2003 Page 4 Denise Travers, 12467 Biscayne Avenue, also supports this lot split and rural residential rezoning. She felt it fits very well in the neighborhood. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. There was was further discussion on the AG preserve status of this parcel of land. Mr. Pearson stated that this property is zoned AG preserve. The AG preserve is a partnership between the State, County, and City. The City's roll is to rezone land to AG preserve and then regulate minimal development at that density. When the zoning district for AG preserve was created it limited density to one dwelling unit per 40 acres. No petition has been put forward to rezone the property so until that happens AG preserve status still applies in terms of the density, which is the same as agriculture. He felt it would be beneficial to get the County's perspective as to the legal status of the program having been expired and the contract no longer applies at which point the entire property would be entitled to rezoning. MOTION by Messner to recommend that the City Council approve the lot split for the Marotzke property subject to: 1. Incorporation of recommendations relative to drainage & utility easements and street easement right -of -way needs as identified by the City's Engineer. 2. Payment of required fees as specified by the current fee schedule including: a. G.I.S. fees. b. Park Dedication fees (one unit). 3. Rezoning the five -acre parcel to Rural Residential. 4. Recording of a deed restriction in a form approved by the City Attorney regarding the remnant prohibiting additional subdivisions or residential use until the parcel is rezoned to Rural Residential. Second by Napper. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council on May 6, 2003. Public Hearing: Rosemount Bu [ness Park of Split The City is acquiring land from the ahl pa ership on land south of the developed Rosemount Business Park for a well site and a p sible ater treatment facility. The site is contiguous with na o e the crescent shaped Outlot B, a rem the Business Park on the south side of Boulder Avenue. This Outlot has been expected o be combined with other subdivided parcels, resulting in a number of lots with frontage on B 1 er Avenue which will eventually be extended southwest through the well site parce . The arcels in this Business Park -1 district tend to be five acres or larger and there are no mini um lot ontage requirements other than frontage along a public street. This parcel meets al applicable oning standards. Chairperson Weisensel opened tAe public hearing. There were no comments. MOTION by Messner to Anderson, Napper, Weise the public hearing.\Second by Napper. Ayes: Messner, Nays: 0. Motion c,*ied.