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HomeMy WebLinkAbout8.a. Agricultural Lot Division and Rezoning - Knodt Living Trust � CITY OF ROSEMOUNT " EXECUTIVE SUMMARY FOR aCTION City Council Meeting Date: January 21, 1997 AGENDA ITEM: Agricultural Lot �ivision and Rezoning - AGENDA SECTION: Knodt Living Trust Old Business PREPARED BY: Rick Pearson, Assistant Planner AGEND ATTACHMENTS: Surveys of existing property with APPROVED BY: proposed lot division, Draft Resolution, Ordina�ce MnDOT Corres ondance Applicant: H.M. Mullinix - Richfield Bank & Trust Co. Location: 15150 Cla ton Ave. East side of STH 52/56 between Csah 42 and Coates) Y ( Pro er Owner: Gerda Knodt P tY Area in Acres: 2.5 acre lot removed from 148.5 Comprehensive Guide Plan land Use Designation: Agriculture Current Zoning: Agriculture Preserve Requested Zoning: Agriculture(2.5 acre lot) Planning Commission Public Hearing Conducted: January 14, 1997 Planning Commission Action: Unanimous approval recommendation for lot division and rezoning. -Board of Appeals granted required variances (also unanimously). SUMMARY Mrs. Gerda Knodt is requesting approval of a metes and bounds agricultural lot division to create a 2.5 acre parcef for an existing house Iocated on the Knodt farm, approximately 3/4 of a mile south of the intersection of CSAH 42 and STH 52/56 on the east side. In addition, a rezoning from Agricufture Preserve to Agriculture is required because the new parcel will not be large enough to qualify for Agriculture Preserve status. The new parcel being created is similar to a division which occurred in early 1993 for another house on the farmstead. Cross - access easements wilt be needed for access into the interior of the property. The Planning Commission conducted a public hearing on January 14, 1997. A recommendation of approval for the division and rezoning resulted from the discussions. Acting as the Board of Appeals and Adjustments, three variances to accessory structure setback requirements were granted for outbuildings near the proposed lot boundaries. One unit of park dedication is required for the split and the Minnesota Department of Transportation has commen#ed on the subdivision. Because of the delay caused by the variance requiremen#s and the MnDOT response, the Planning Commission suggested that the Park Dedication fee be prorated at thE 1997 fee amount. The house is setback 80 feet from the existing right-of-way, so there appears to be some room available if ever a frontage road is needed. Lastly, the new individual sewage treatment system qSTS) regulations require evaluations of the rivate septic s stems. RECOMMENDED ACTION: Motion to adop# a resolution approving the Agricultura Lot �, Division for the Knodt Farm; and, Motion to adopt an ordinance rezoning the 2.5 acre lot to �I A riculture. ' a C�rcifieau of Ikoeription eor. � Cerd� RnoAt Shaet 2 nf 2 She�ts . OEl.�AAR H. SCHWANZ �.�..�.�..a..� . . � �r11�r����rY�r� � . . . � . . . � � . . . � NiMDOYlNIIO�iATT1MK IqpY01M�T.�MN1yOTAUM�� pLpi17N.� . . . . N w�veYo�ra c.�"nnc"Te l� � � ��P/�a�IE.�P�tri%¢ - - -- Z42/,L3 - - , _ ii �1 �� � � ' �..o. . s�.i.: t • 3Q0 E�ee ,i ,�� ' '� N�J% S�c' 3/- �Ti��� ,C/��> o � o a � � � � � ` � M .l � t� � ], �t�, Z�b.00 _� �1� Aresent Descriptian: a� �N � a`�� The Yorthve�t �h�arter of Section 31, Tomahip 115, �aage 19, o flakoGi Conaty, �11nne�ota; °.r�(CEPT that part desrCribed aa eommencing o p at the �arthwwet eorner of �aid North�reat Quarter; thence on an a re °' � � xasume�i bearing of South along the vest line oF said Northaeac ume j h � Quarter 313.60 fest to the {wint of beginning oE tht LaoA to be � �,, deaeribesi; thence concinuing South aloag ssid west line 45h.00 � �i l feet; thence on a bearing of ?ast 240.00 feet; then4e on a bear3ag � Z � ' � ( � � of North AS�i.00 feet; thence on a bearing of �test 340.00 feec to � � `s \ i/ tde point of beginning, n � � ` �°'0O� Sub3ect to all enaesenta of rscord. � \t � (EA51 . � ►, ry Proposed neacriptia► nfter Rzeepting Parcel z: � �� � I The tlorthvast l�uarter of Seetion 31, Tovnsdip 115, Range 19, � ua 3 � Dekota Cc�unty, :1lanesota; ERC..vP'f ehat pnrt dexribed as coamencing � � ` I at the northwest eorner of said lVorthvest Qnarter; thence oa an aasumeA baaring of South aloag the vest Iine of said Y�rthwaRt Quarter 338.40 feet to the point of 6e31naing of the land to be . described; thence contiauing South along said west line 908.00 . feet; ehence on a bearing o&•F,ast ?/�0.00 fest; th�ace on a besring � of Yorth 908.00 faet; theace on a henriag of Best 240.00 feet ta. tde point of beginning. I* Subjeet to all ea3ewents of record. � 3 �t I� � � . � , � . , . , � � � - " .2456,q/ - '` � � � .. � ' . . �� . � � . :d.•»•�.:�4„„M., . . . � � . . �� �� � . . . '�:L Ur�.� . . . . 1 Mner wrrh nwl�a��wr�y.�n a n��� � t... � . p�wnds�r�wuMveMak�e1��Y�wlMowrN � . w: O��L-1.�NH .'+*'' .. . . MN 1 M1�ANy IbpNMN laM 31rwyM�MIM/ . . . � � � . � . �M�N.�M tM S�w W Ywwwa � � Sl:l iY/AidL � �n�� /'/� . . . M , �, V OG J � `_ p� 11-I5-96 �.�i , :��N.��.� �� _ x J�.SI+n`�F�"Y �/ .,..:..0 , Grr.ifi�:nee uf D�r�cripcioa For: ' � � C�rAn [nodt .vul co.�lEN �/� • . . .. � sEG. 3/•T/.�'�/•.�(B�i1 she.e 1 of 2 S��ats � OELMAR H. SCHWANZ • ,.�..�...�....� .�.....,...r..,....�.... taN wueN�ow�r 1� ea�rouMr.w�o��wM Nvas.�� �rcKs c�r�c+►r� I ' L �� �� , � , � p . ' ,s' �i�r.,oy 't E�s�n�alr \ � �33•69 ErKiri�ufG D.PJdEId ' ��� . 1 � — .�QO.DO ' n � ,- � � ` �G"Z.j— �� L Ae! Q `\ l�' Senle: 1 inch •� SO feet .D . � ' NOTB: tlo property arrners harr ' been .^.et for the purpo�es ia of thi� descriptionl O � 1� ,,,,,/ ��.' �'`� � _ � o s�-vr.e Descrip[ion oE Parcel 2 � 'fhat part oE the Northwest (hinrter of � . ( Saction 31, Tpvnship 115, �n;te 1�, Aakotx � � Conatr, Minneaota deseribed as foilows: Coo�encing at the northve:�t corner oF snid �o �� r . �,� tlorthwest !M�arter: thence on an nssuaed ,� � Op�CQ ' 2 � bearinn�of South 792.40 feet to the point � � /(� �,� of beginnlna of ehe land to be der�cribed; ��� �j �.� �/>r�' . . Nence eontinn3�ng.on a beariag of South ti� -� � elong aaid wast line ti54.(l0 fset; thenee � � . oa a 6earing oE Fast 240.00 feet: thence I � �- , • on a bsering of North ��54.00 feet, thaace � ' on a bearing of Y►est 2bQ.Q0 feet to tha point of besinning. � � Contaiaing 2.50 ae.res. �y SabJect and together with all eavamenes • of record. I I � ' . J � 2�oa _ s l ��ST . ..r�,iw„„,� v��i t:t:�,7 v': •, . � � � � �MnM�prUM mw tn4 wn+I.i1M.a�MOA rM � . . � . � ...............:�Y s � � 1. � . �. p�p�nesqn»auiwvispar�awo�MM � LELt.tAFi H : r '.+t / a.�i.�n.a�h e.a�«.0 wa swwr«w�a.. � oC��tivaML � :: �7� /J �/�� pw i..s d ur Sua o1 MrNwaa r� ` Oo25-- :�i . �/ �/i: V°V� , � ! � � or�rr N.�sn*.w � o«w t t•15-nh �9t � .�°� yw�..ar My,r�"°.w' `� :1 C'�� .;, � ' I , DRAF�' CITY OF ROSEMOUNT DAKOTA COUNTY, MIlYNESOTA ' RESOLUTION 1997- A RESOLUTION APPROVING THE AGRICULTURAL LOT DIVISION FOR THE KNODT FARM WHEREAS,the City of Rosemount Pla.nning Department received an application for approval of an Agricultural Lot Division of property in the Agriculture Preserve District as shown on the survey attached as e�ibit A and legally described as follows: The Northwest Quarter of Section 31, Township 115, Range 18, Dakota County, Minnesota; EXCEPT that part described as commencing at the northwest corner of said Northwest Quarter; thence on an assumed bearing of South along the west line of said Northwest Quarter 338.40 feet to the point of beginning of the land to be described; thence continuing South along said west line 454.00 feet; thence on a bearing ofEast 240.00 feet; thence on a bearing of North 454.00 feet; thence on a bearing of West 240.00 feet to the point af beginning. Subject to all easements of record. WHEREAS,the Planning Commission of the City of Rosemount conducted a public hearing on January 14, 1997 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 approval of the Agricultural Division to the City Cfluncil with conditions, and, WHEREAS,the Board of Appeals and Adjustments granted three variances to accessory structure setback dimensional standards, and, WHEREAS,the City Council of the City of Rosemount reviewed the recommendation forwarded by the Planning Commission on January 21, 1997. NOW, THEREFORE, BE TT RESULVED,that the City Council of the City of Rosemount hereby approves the division of the above refferenced parcel resulting in the following described parcels: Parcel l: The Northwest Quarter of Section 31, Township 115,Range 18, Dakota County, Minnesota; EXCEFT that part descrihec�as commencing at the northwest corner of said Northwest Quarter; thence on an assumed bearing of South along the west line of said Northwest Quarter 338.40 feet to the point of beginning of the land to be described; thence continuing South along said west line 908.00 feet; thence on a bearing of East 240.00 feet; thence on a bearing of North 908.00 feet; r thence on a bearing of West 240.00 feet to the pint of beginning. Subject to all easements of record. Farcel 2: That part of the Northwest Quarter of Section 31, Township 115, Range 18, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Northwest Quarter; thence on an assumed bearing of South 792.40 feet to the point of beginning of the land to be described;thence continuing on a bearing of South along said west line 454.00 feet; thence on a beaxing of East 240.00 feet;thence on a bearing of North 454.00 feet; thence on a bearing of West 240.00 feet to the point of beginning. Subject and together with all easements of record. BE IT FURTHER RESOLVED,the approval of this agricultural division is subject to: 1) Incorporation of recommendations relative to easements, streets, drainage and utilities by the Public works Department; 2)Payment of one unit of Paxk Dedication and GIS fees; 3) Incorporation of comments or approval as necessary of the Minnesota Department of Transportation prior to recording by Dakota County; 4) Conformance with requirements for individual sewage treatment system requirements; and, 5)recording of a deed restriction ar restrictive covenant with Parcel 1-the reminant paxcel to restrict potential residential density to thirteen units as the result of allowing the division of two 2.5 acre lots in the Agriculture District. ADOPTED this 21 st day of 7anuary, 1996 by the City Council of the City of Rosemount. ' Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member abscent: , DRAFT City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONIlYG ORDINANCE TI� CITY COUNCIL OF TI-� CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: cti n 1 Ordinance B, adopted September 19, 1989, entitled"City of Rosemount Zoning Ordinance, " is hereby amended to rezone from Agriculture Preserve to Agriculture the following described property located within the City of Rosemount, Minnesota to-wit: That part of the Northwest Quarter of Section 31, Township 115,Range 18, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Northwest Quarter; thence on an assumed bearing of South 792.40 feet to the point of beginning of the land to be described;thence continuing on a bearing of South along said west line 454.00 feet; thence on a bearing of East 240.00 feet;thence on a bearing of North 454.00 feet; thence on a bearing of West 240.00 feet to the point of beginning. Subject and together with all easements of record. tion?. The Zoning Map of the City of Rosemount,refened 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 a11 of the notation references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. ecti n 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 21 st day of January, 1997. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1996. I h�iDOT Metro Roseville Fax�612-582-1166 �an b yr ��SU r.uuu� ' �w"°'+ Mlnresota Oepart�ent of Transportation Met�opaliten Divisian a„ Waters Edge 1500 West County fioad 82 floseviile,MN 55113 Iaiwary 6, 1997 Bud 4smundson , City of Rosemount � 7 45th Stteet West 28 51 Rosemawtit,MN 5506$-0510 ' Deat Bud 4smundson: � 5ubject: Knadt Agicultural Lot Division Preliminary F1at Review P96-147 East af?runk I�iBh�y(� 52 5outh of 145th St�eet RosemouM„Dakota County CS 1946 • . rtatian(1�In/D4'I'}has rzviewod the Knodt AgriCultur�i Lat The Nfiru�esota�pa�-ament of?ranspo Division preliminary plat in comgliance with Minnesota 5tatute 505.03, s�abd. 2,Plats. We find the plat acceptable fQr further developm�m wtth cansideration af the following comments. Tt,e�inal plat should identifY the property boundacy shared with TH 52 rig1�t afway and • note locations ofMn/DOT monuments. If NinIDOT nSht of way data is needed priar to - recording o�the final plat, please call Joe I'tamlin of our Surveys Section at 779-SOla. We re uest that a colyY of the final plat be for�+arded to us for ow recorde�This may be Q direcred to Iiarold Larsan of oc�r Right of W ay 5ection at the above ad A Mn1DOT stormwater drain�ge pern�it may be required for develapm�nt of this site. • 'TH 52 right of way shoutd be . Existin�drainaSe Pattems and r�tes of runaff affect�ng rior to any � g � ��p perpetuated. We also need to review drainage and g�' ��cerns may be directed to con5-tsuction. Asry questions regarding Mn/DOT draina� Crene Bovy of our tiVater Resources Section at 779-5053. . We stron l encaurage the shared use of the northern access to the si�cess to the s te than �y rov�de safer access h�s ar existing frontage road and drivevvay that p thc southern access. If more than one single famit�uu�em a cess will no lo$��e tfie land use of the site chan�es in the future, then the allowed. An equa!opPo�unity empioyer � Mn�DOT Metro Roseville rax�bll-�til—Lleb �an n yr a•�u r.����� Y A Bud Osmundsan ' j�6, 1997 P��O . use of or wosk within Mn/DOT right of vway wiU require a pernut The type of AnY germit necessary dapends on the nature of the praposed work. Lars Impola p ra riate , . Permits Unit may be coatacted at 582-1447 for further informatian and the a p P ' fOflI15. . It is MnlDOT's poli�y to assist 1ocal govercuntnts in promating compatibility between I land use and highways. Resi�ential land uses adjacent to highv�'ays usvally resutts in complaints about traflCic naise. Traffic noise fram TH 52 could exceed. a�se standards , eU.S. Ae en th P b the�r!'innesota.Pallutian Control Ag cy, established y ment. � 13evelo 'n an d Urban P .S. De t. of Hous� g , tian and the U p , arta 7rans � P rohibits '' �n/DpT policy regarding new d�velapments adjacent to existing highways p s far naise miti ation measures. The developer should II the expenditure of h�ghway fund � to minim�ze the imp�ct assess the noise situatian and ta.ke the action deemed necessary of asiy txaffic noise. If ou have azty questions regarding this review, please contact me at 582-1654. Thank you. i Y Sinc�rely, Scott Peters Senior Transportaaan PlannerlLocal Grovernment Liaison c: Gary Stevens�n,Dakota Couirty Surveyor ----- -�- .