HomeMy WebLinkAbout9.a. Fox Lot Split and Rezoning - 15391 Emery AvenueCITY OF ROSEMOUNT
W EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April 4, 2000
AGENDA ITEM: Fox Lot Split & Rezoning -15391 Emery Ave.
AGENDA SECTION:
New Business
PREPARED BY: Rick Pearson, City Planner
AGENDA vf-t A
ATTACHMENTS: Draft Resolution; Draft Ordinance; Survey
APPROVED B
reduction; State Statute excerpt
.
Applicant & Property Owner(s):
Location:
Area in Acres:
Number of Lots:
Overall Density:
Comp. Guide Plan Desig:
Current Zoning:
Planning Commission Action:
Henry Fox
15391 Emery Ave., approximately 1 mile south of CSAH 42.
161.16 acres (original)
Parcel A - 35.8 acres (farmstead)
Parcel B - 4.47 acres (Fox residence)
Remaining 120 acres
1 dwelling unit per 80 acres (currently); maximum density - 1 per 40
Agriculture
Agriculture Preserve
Variance granted for Ag Preserve Lot Area;
Variance to accessory structure setback denied;
Recommendation of approval for lot split including rezoning of Parcel B
to Agriculture.
SUMMARY
Mr. Fox owns 161 contiguous acres of land for a family farm, including two dwellings on the property. Like many
family farms, Mr. Fox's son will take over the farm site with his home and most of the farm buildings on 35.8 acres. Mr.
Fox will retain his home on 4.47 acres. The remaining 120 acres will be cultivated, and owned by Mr. Fox or his family.
Because the property is in the Agriculture Preserve District, the minimum lot size is 40 acres. In addition, an existing
garage is 12.9 feet from the proposed property line which would be non - conforming without a sideyard setback variance.
Parcel A will be less than the 40 acres minimum lot size. The variance would allow this parcel to continue in the AG
preserve program. Parcel B will have to be rezoned to Agriculture. The Agriculture Preserve status is a state tax
reduction program for farmers who make long -term commitments to continue farming. The city adopted the lot area and
density requirements as a special zoning district in support of the program to administer the local controls. Mr. Fox
hopes to take advantage of a little known exception to the lot area requirements which is contained in the statutes. This
exception allows parcels of a minimum of 20 acres to be created as long as two sides of the parcel consist of land eligible
for the program (see attached).
PLANNING COMMISSION / BOARD OF APPEALS & ADJUSTMENTS PUBLIC HEARING
No one other than Mr. Fox attended the public hearing to provide comment. The Planning Commission accepted the
State Statutes exception for the Lot area variance so the 35 acre Parcel A could remain in theAg Preserve program.
However, the Planning Commission was unable to apply the hardship findings in support of the side yard setback
variance for the garage. The result is that the garage will be rendered non - conforming.
Mr. Fox is expected to request that the single unit of Park Dedication fee be waived by the Council.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the Agricultural Lot Split for Henry Fox;
-and -
Motion to adopt an ordinance rezoning Parcel B to Agriculture
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000-
A RESOLUTION APPROVING THE AGRICULTURAL LOT SPLIT
FOR HENRY FOX
WHEREAS, the Planning Department of the City of Rosemount applied for approval of a
division of property in the Agricultural District, said property legally described as:
The Northeast Quarter of Section 32, Township 115, Range 18, Dakota County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
March 28, 2000, as required by the subdivision ordinance for the purpose of receiving testimony
regarding the requested Agricultural division; and,
WHEREAS, the Planning Commission adopted a motion to recommend to the City Council
approval of the Agricultural division, subject to conditions; and,
WHEREAS, on April 4, 2000, 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 Southeast Quarter of the Northeast Quarter of Section 32, Township 115 North,
Range 18 West, Dakota County, Minnesota, EXCEPT the south 466.85 feet of the
east 416.68 feet thereof. Containing 35.80 acres.
Parcel B: The south 466.85 feet of the east 416.68 feet of the Southeast Quarter of the
Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota
County, Minnesota. Containing 4.77 acres.
Remainder: The Northeast Quarter of Section 32, Township 115 North, Range 18 West, Dakota
County, Minnesota EXCEPT the Southeast Quarter of the Northeast Quarter
thereof. Containing 120.89 acres.
BE IT FURTHER RESOLVED, the approval of this agricultural lot split is subject to:
1. Rezoning Parcel B to Agriculture;
2. Payment of one unit of Park dedication;
3. Recording a deed restriction with Parcel A to prohibit additional dwelling units; and
4. Recording a deed restriction with the remnant parcel to allow no more than two future
dwelling units.
Resolution 2000-
ADOPTED this 4' day of April, 2000, by the City Council of the City of Rosemount.
ATTEST:
Linda J. Jentink, City Clerk
Cathy Busho, Mayor
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING. ORDINANCE
Fox Property
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 AGP, Agriculture Preserve to AG,
Agriculture, the following described property located within the City of Rosemount, Minnesota,
to -wit:
The south 466.85 feet of the east 416.68 feet of the Southeast Quarter of the Northeast
Quarter of Section 32, Township 115 North, Range 18 West, Dakota County, Minnesota.
Containing 4.77 acres.
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 a 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 4th day of April, 2000.
CITY OF ROSEMOUNT
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2000.
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The Northeast Quarto of Section 32, Township 115 North,
Range I9 West D"a County, Mimetau EXCIsPf the
Southeast Quarter of dm Northroat Quarter thereof.
Containing 120.89 acres.
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1. Original Tax Parcel:
'1'hc Northeast Quarter of Section 32, Township 115 North,
Range 18 West, Dakota County, Minnesota.
Containing 161.16 acres.
2. Proposed Parcel A:
The Southeast Quarter of the Northeast Quarter of Section
32, Township 115 North, Range 18 West, Dakota County,
Minnesota, EXCEPT the south 466.85 feet of the east
416.68 feet thereof.
Containing 35.80 acres.
3. Proposed Parcel B:
The south 466.85 feet of the east 416.68 feet of the
'Southeast Quarter of the Northeast Quarter of Section
32, 'Township 115 North, Range 18 West, Dakota
County, Minnesota.
Containing 4,?Tacres.
4
4. Remainder of Original Tax Parcel:
The Northeast Quarter of Section 32, Township 115 North,
Range 18 West, Dakota County, Minnesota EXCBP'T the
Southeast Quarter of the Northeast Quarter thereof:
Containing 120.89 acres.
.62006 DWG. 2002
Kennedy
Graven
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
h graven.com
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere @kennedy- graven.com
December 28, 1999
Mr. Rick Pearson
City Planner
City of Rosemount
2875 145" St. W.
Rosemount, MN 55068
RE: Ag Preserve
Dear Rick:
I intended to send this to you by email. However, when I copied it into email format, it deleted
all the spaces between paragraphs, making it nearly unreadable. Therefore, I have printed it out
and enclose a copy of Minnesota Statutes Chapter 473H. I believe the 20 acre exception which
you are interested in is Subd. 4 of Section 473H.03, on the second page of the attached materials.
Very truly yours,
Charles L. Le e-, ere
CLL:Ih
Enclosure
i
CLL- 1738190
RS215 -4
Page 1 of 12
Minnesota Statutes 1999, Chapter 473H.
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
== 473H.01
473H.01 Citation; policy; purpose.
Subdivision 1. Citation. Sections 473H.02 to 473H.17
may be cited as the "Metropolitan Agricultural Preserves Act."
Subd. 2. Policy; purpose. It is the policy of the
state to encourage the use and improvement of its agricultural
lands for the production of food.and other agricultural
products. It is the purpose of sections 473H.02 to 473H.17 to
provide an orderly means by which lands in the metropolitan area
designated for long term agricultural use through the local and
regional planning processes will be taxed in an equitable manner
reflecting the long term singular use of the property, protected
from unreasonably restrictive local and state regulation of
normal farm practices, protected from indiscriminate and
disruptive taking of farmlands through eminent domain actions,
protected from the imposition of unnecessary special
assessments, and given such additional protection and benefits
as are needed to maintain viable productive farm operations in
the metropolitan area.
HIST: 1980 c 566 s 1
== 473H.02
473H.02 Definitions.
Subdivision 1. Terms.
473H.02 to 473H.17 the terms
the meanings given them.
For purposes of sections
defined in this section shall have
Subd. 2. Agricultural preserve or preserve.
"Agricultural preserve or preserve means a land area created
and restricted according to section 473H.05 to remain in
agricultural use.
Subd. 3. Agricultural use. "Agricultural use" means
the production for sale of livestock, dairy animals, dairy
products, poultry or poultry products, fur - bearing animals,
horticultural or nursery stock, fruit, vegetables, forage,
grains, or bees and apiary products. Wetlands, pasture and
woodlands accompanying land in agricultural use shall be deemed
to be in agricultural use.
Subd. 4. Authority. "Authority" means the unit of
government exercising planning and zoning authority for the land
specified in an application as provided under section 473H.05
and pursuant to sections 394.21 to 394.37, 462.351 to 462.364,
or 366.10 to 366.19. Where both a county and a township have
adopted zoning regulations, the authority shall be the unit of
government designated to prepare a comprehensive plan pursuant
to section 473.861, subdivision 2.
Subd. 5. Certified long -term agricultural land.
"Certified long -term agricultural land" means land certified
pursuant to section 473H.04 as eligible for designation as
agricultural preserves.
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Page 2 of 12
Subd. 6. Covenant. "Covenant" means a restrictive
covenant initiated by the owner and contained in the application
provided for in section 473H.05 whereby the owner places the
limitations on specified land and receives the protections and
benefits contained in sections 473H.02 to 473H.17..
Subd. 7. Long -term agricultural land. "Long -term
agricultural land" means land in the metropolitan area
designated for agricultural use in local or county comprehensive
plans adopted and reviewed pursuant to sections 473.175, and
473.851 to 473.871, and which has been zoned specifically for
agricultural use permitting a maximum residential density of not
more than one unit per quarter /quarter.
Subd. 8. Metropolitan area. "Metropolitan area" has
the meaning given it in section 473.121, subdivision 2.
Subd. 9. Owner. "Owner" means a resident of the
United States owning land specified in an application pursuant
to section 473H.05, and includes an individual, legal guardian
or family farm corporation as defined in section 500.24, having
a joint or common interest in the land. where land is subject
to "a contract for deed, owner means the vendor in agreement with
the vendee.
Subd. 10. Quarter /quarter. "Quarter /quarter" means
one quarter of one quarter of any section in the rectangular
land survey system.
Subd. 11. Repealed, 1999 c 11 art 1 s 72
HIST: 1980 c 566 s 2; 1982 c 523 art 32 s 1,2; 1999 c 11 art 1
s 8
473H.03
473H.03 Required size of parcel; exceptions.
Subdivision 1. 40 acres or more. Long -term
agricultural land comprising 40 or more acres shall be eligible
for designation as an agricultural preserve.
Subd. 2. If noncontiguous. Noncontiguous parcels may
be included to achieve the minimum acreage requirement in
subdivision 1, provided that each parcel is at least ten acres
in size and provided that all separate parcels are farmed
together as a unit.
Subd. 3_ 35 acre exception. The minimum acreage
requirement in subdivision 1 may be reduced to 35 acres provided
the land is a single quarter /quarter parcel and the amount less
than 40 acres is due to a public road right -of -way or a
perturbation in the rectangular survey system resulting in a
quarter /quarter of less than 40 acres.
Subd. 4. 20 acre exception. Contiguous long -term
agricultural land comprising not less than 20 acres and
surrounded by eligible land on not less than two sides shall be
eligible for designation as an agricultural preserve provided
the authority by resolution determines that: (i) the land area
predominantly comprises Glass I, II, III, or irrigated Class IV
land according to the Land Capability Classification Systems of
the Soil Conservation Service and the county soil survey; (ii)
the land area is considered by the authority to be an essential
part of the agricultural region; and (iii) the parcel was a
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I Page 3 of 12
parcel of record prior to January 1, 1980, or the land was an
agricultural preserve prior to becoming a separate parcel of at
least 20 acres.
Subd. 5. Two or more authorities. Contiguous
long -term agricultural land meeting the total acreage
requirements of this section but located in two or more
authorities so that the minimum acreage requirement is not met
in one or more of the authorities shall be eligible by joint
resolution of the affected authorities.
Subd. 6. owner's adjoining preserve parcel.
Contiguous long -term agricultural land not meeting the total
acreage requirements of this section but under the same
ownership as an agricultural preserve adjoining it on at least
one side shall be eligible for designation as an agricultural
preserve.
HIST: 1980 c 566 s 3; 1989 c 313 s 9
== 473H.04
473H.04 Authority must certify eligible preserve lands.
Subdivision 1. With maps; published notice. Each
authority in the metropolitan area having land classified
agricultural pursuant to section 273.13 shall certify by
resolution using appropriate maps which lands, if any, are
eligible for designation as agricultural preserves. Maps shall
be in sufficient detail to identify eligible lands by property
boundaries. At least two weeks before the resolution is to be
adopted, the authority shall publish notice of its intended
action in a newspaper having a general circulation within the
area of jurisdiction of the authority. No additional lands
shall qualify for designation as agricultural preserves until
the authority certifies qualification.
Subd. 2. When eligibility ends. Land shall cease to
be eligible for designation as an agricultural preserve when the
comprehensive plan and zoning for the land have been amended so
that the land is no longer planned for long term agricultural
use and is no longer zoned for long term agricultural use,
evidenced by a maximum residential density permitting more than
one unit per 40 acres. When changes have been made, the
authority shall certify by resolution and appropriate maps which
lands are no longer eligible. At least two weeks before the
resolution is to be adopted, the authority shall publish a
notice of its intended action in a newspaper having a general
circulation within the area of jurisdiction of the authority.
Subd. 3. Maps to met council. The authority shall
provide the metropolitan council with suitable maps showing any
lands certified eligible pursuant to subdivision 1 or
decertified pursuant to subdivision 2. The metropolitan council
shall maintain maps of the metropolitan area showing all
certified long term agricultural lands.
HIST: 1980 c 566 s 4; 1982 c 523 art 32 s 3,4
== 473H.05
473H.05 Application; covenant agreement.
Subdivision 1. Before March 1 for next year's taxes.
An owner or owners of certified long term agricultural land may
apply to the authority with jurisdiction over the land on forms
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