HomeMy WebLinkAbout2.c. Density Transfer (Richard Cliff)1 04
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE MEETING DATE: February 14, 2001
AGENDA ITEM: Density Transfer of Development Rights
PREPARED BY: Rick Pearson, City Planner
ATTACHMENTS: Correspondence
SUMMARY
Richard Cliff has an interested buyer for approximately 40 acres of his land, which consists of
76.89 acres in the Agriculture District. The maximum density is 1 dwelling unit per 40 acres,
therefore, a split would not be consistent with density limitations. According to available
documentation, he has already used previously available development rights in the sale of land
for Stonebridge First and Second Additions, as well as an Agricultural split for a family member.
The only way Mr. Cliff could be accommodated would be to create a policy whereby he could
use another property owner's density allowance or development rights. The property owner who
conveys those development rights would have to have a deed restriction that would prevent
future subdivisions, or a conservation easement that would be recorded against their property.
Mr. Cliff has an interested property owner of 20 acres along Bacardi Avenue. While this
property is currently zoned Agriculture, rezoning to Rural Residential (in conformance with the
2020 Comprehensive Plan) would yield potentially three dwelling units worth of available
density.
The questions are:
1. Should a policy be created to allow the transfer of development rights from one property
owner to another?
2. If so, should the policy allow the transfer to occur between dissimilar zoning districts?
3. And lastly, should the policy allow the transfer to occur between non - contiguous properties?
The transfer of development rights is a concept that is coming into practice more and more often.
While Mr. Cliff is the first to formally make the request, others have had the idea, and can be
expected to follow suit.
RECOMMENDED ACTION: Intended for discussion and direction only.
COUN AC T IO N:
t
GRANNIS&HAUGE
LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE 1905.
January 24, 2001
Mr. Thomas Burt
Rosemount City Administrator
2875 - 145 Street West
Rosemount, MN 550684997
Mr. Richard Pearson
Rosemount City Planner
2875 - 145 Street West
Rosemount, MN 550684997
Re: Richard CliftDensity Transfer
Gentlemen:
WARD R. ANDERSON
MICHAEL J. DWYER*
KEVIN W. EIDE
VANCE B. GRANNIS, JR.-
DAVID G. KELLER
MICHAEL J. MAYER
BARRY L. WITTENKELLER*
VIRGINIA A. DWYER
WILLIAM L. BERNARD
PAUL H. HAUGE
(of Counsel
Also admitted to practice in
Wisconsin
* Also admitted to practice in
Illinois
Following up our meeting of last month, Richard Cliff believes he now has someone willing to
transfer density units to him so that he could sell off one or more parcels of his remaining
property. We would appreciate it if you could put the subject of density transfer on the earliest
possible Council Work Session, so that a policy and procedure may be developed to accomplish
what, until now, has simply been a concept that has been talked about but never implemented.
Once that policy and procedure has been established, Mr. Cliff will immediately file an
application to accomplish the density transfer so that he can sell at least the one parcel of the
property for which he currently has a buyer.
We will be very willing to work with you and assist you in any way possible in arriving at the
policy and procedure that will be used for density transfers.
Thank you very much for your cooperation in this manner.
Very truly
Q
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By
Vance B. Grannis, Jr.. Z.
VBGjr /svk
c: Richard Cliff
Hon. Mayor Cathy Busho
(651) 456 -9000 Facsimile: (651) 454 -4232
200 TOWN CENTRE PROFESSIONAL BUILDING * 1260 YANKEE DOODLE RD. * EAGAN, MINNESOTA 55121 -2201
EMAIL: grannishauge@aol.com
www.grannishauge.com