HomeMy WebLinkAbout9.b. Broback Industrial Park Replat with Lot Width Variances ,
- ` CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: April l, 1997
AGENDA ITEM: Broback Industrial Park Replat with Lot Width AGENDA SECTION:
Variances New Business
PREPARED BY: Rick Pearson, City Planner AGENDA�'� �
ATTACHMENTS: Proposed replat, PC minutes(3-25-97),Existing APPROVED BY:
to o ra h with buildin s corres ondence
Applicant(s): William Broback
Location: Broback Industrial Park, east of Diamond Path, North of 148th Street West, and
South of 145th Street West
Property Owner(s) Henry Broback, Richard Thorvig, Estate of Arthur Broback.
Area in Acres: 11.16
Number of Lots: 23
Overall Density: 2.06 Dwelling units per acre
Guide Plan Land Use Desig.: Urban Residential
Current Zoning: R-1, Single Family Detached Residential
Planning Commission Recommendation: Denial of request, no justification of variances (unanimous among
commissioners present, 3-0).
SUMMARY
Mr. Henry Broback has requested that the nine lots in the Broback Industrial Park be replatted into 23. Sixteen
of the lots need lot width variances, resulting from proposed division lines. At issue is the separate ownership of
the nine lots which precludes the redistribution of lot area. As a result, seven of the lots axe to be split in ha1f,
and the two end lots would be quartered. All of the lots would have access to a frontage road along Diamond
Path except those on either end which would front Delft Avenue or 148th Street West. The typical interior lot
would be 75 feet wide(6.25% deficiency) and 350 feet long(280% of minimum).
Previous attempts have been made to show alternatives including an interior street system that"splits" the lots
from east to west. The result doubles or even triples the available lots with minor variances. However, the
utilities are generally in place, designed for an industrial park following the pattern of the existing cabinet shop,
Rosemount Woods. As a result, the property owners are convinced that the new street design would be
prohibitively expensive because of the modifications to the utilities that would be needed to serve the lots.
On March 25, 1997, the Planning Commission conducted a public hearing for the requested replat and
concluded that the proposed replat was inconsistent with the surrounding neighborhood. The public expressed
concerns about the excessive lot depth with little incentive for maintenance. In addition, the proposed housing
types did not relate to long and narrow lots. Third, there was no separation from the wood shop located on Lot
5, Block 1 with intentions of expanding. The existing lots were generally a minimum of 90 feet wide with lot
depth typically being less than one half to one third of the proposed lots.
RECOMMENDED ACTION: Motion to direct Staff to prepare findings in support of denial of the
re uested re lat of the Broback Industrial Park.
CITY COUNCIL ACTION:
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Planning Commission i
Regular Meeting Minutes �
March 25, 1997
Page 3
compete with local businesses. Mr. Pearson also noted that amendments to Ordinances e
a common procedure in light of the concem regarding the word"prohibited".
Mr. Cal explained that NSP tries to locate substations where transmi 'on lines
currently exis . If that is not possible, it would be necessary for NSP uild transmission
lines to the site. P transmission lines are currently along CS 42. Transmission lines
require a 75' right of
Discussions continued conce ' use in residen ' districts, screening standards,
limitations on street location, financ' & ge aphical constraints, and changes to the
language in the proposed Ordinance. C 'ssioners agreed that Paragraph C.1. could be
deleted.
MOTION by DeBetti ' s to adopt a zoning ordinance amendment for the regulation
of essential servic d, specifically, electrical substations, an delete Paragraph C.1.
and incoipor e text language contained in the letter from Davi Callahan, dated
March 2 , 997, subject to approval by the City Attomey prior to its pres ation to the City
Co il. Seconded by Droste. Ayes: Shoe-Comgan, DeBettignies, and Drost . ays: 0.
�
Public Hearin�: Broback Industrial Park Replat
Mr. Pearson summarized the request by William Broback that nine lots located in Broback
Industrial Park, east of Diamond Path, north of 148th Street West, and south of 145th Street
West be replatted into 23 lots, which would require a minimum of 181ot width variances.
The lots were initially platted for industrial use, however, due to the low demand for
industrial land, the owner wishes to develop for residential use. The City has changed the
quick plan land use designarion to residential to spur development.
There was a discussion regarding the business which currently exists in this development,
namely, Rosemount Woods. This business has plans to expand, but relocating to the
business park may be too costly. There is also concern about how this business will affect a
neighboring residence.
Chair Droste opened the floor to the applicant. There was no comment.
Chair Droste opened the floor to the public.
Kevin Meyer, 14839 W. Delft Avenue, commented that when the nine lots were rezoned to
R-1 Residential, it was assumed that larger size homes would be built.
Planning Commission
Regular Meeting Minutes
March 25, 1997
Page 4
Charles Stauffer, 14587 Delft Avenue, voiced concem over the type of homes which would
be built on these narrow lots. He is concemed that lower priced homes or low-income
housing would be built. Also, Mr. Meyer questioned whether the property owners would
maintain and mow the 60' easement which runs along the back of these lots. A preference
would be ranch style townhomes wherein the association dues would ensure that the
property would be maintained. At the present time, the easement area resembles a wide
open corridor. Mr. Meyer also indicated that sawdust from Rosemount Woods would be a
problem for any home built next to this business.
Mike Broback commented that the lots compare to the length of a football field and that it is
unreasonable to expect a property owner to maintain the easement area.
Mr. Pearson informed Mr. Broback that City Ordinances requires that the property be
maintained by the properiy owner.
Tom Tucker, 14564 Delft Avenue, asked whether this development would have any effect
on the holding pond. Mr. Pearson answered that the holding pond would remai.n.
Phil Pearson, 14803 W. Delft Avenue, inquired as to overhead electrical wires, Mr. Litterer
responded to Mr. Pearson's concerns and referred Mr. Peazson to Dakota Electric for more
informarion.
Other comments generated by the public reiterated concems over lot size and maintenance
of the lots.
MOTION by DeBettignies to close the public hearing. Seconded by Shoe-Corrigan.
Ayes: DeBettignies, Droste, and Shoe Corrigan. Nays: 0.
Commissioner Shoe-Corrigan stated she is not supportive of the Broback proposal and
variances. Commissioner Shoe-Corrigan expressed her concerns about noise from Diamond
Path, especially when considering future improvements, and what effect this development �
would have on Rosemount Woods. If a home is built next to this business, there would most
likely be problems created. Commissioner Shoe-Corrigan supported this plan in the first
place because of the large lots, and the current plan does not support the initial plan.
Commissioner DeBettignies also stated that he would not support the granting of so many
variances. He expressed concerns over the exisring business, frontage road issues, and turn
lanes onto CSAH 42.
i }
Planning Commission
Regular Meeting Minutes
March Z5, 1997
Page 5 '
Chair Droste expressed his disapproval of this plan, pointing out that the initial 18 variances
would probably develop into more variances as the development progresses. Chair Droste
also wondered whether this layout is compatible with surrounding neighborhoods.
Commissioners stated they felt different housing needed to be considered, possibly
townhomes. More thought should also be given to surrounding neighborhoods. While
Commissioners want to see tlus property developed and are sympatheric to the difficulties in
development, the developer must overcome the obstacles of noise issues, traffic, and
blending in with the neighborhood. There should not be so many variances in an initial
platting stages, and this is a big issue which must be resolved.
Chair Droste expressed concern that Rosemount Woods would be a misfit being the only
business in a residential area, and he asked that the City work with this business.
MOTION by DeBettignies to recommend that the City Council deny the requested replat of
the Broback Industrial Park because of the inability to make findings in support of the lot
width variances. Seconded by Shoe-Conigan. Ayes: Droste, Shoe-Corrigan, and
DeBettignies. Nays: 0.
There being no fiuther business to come before this Commission and upon unanimous
decision, this meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Dianne G. Quinnell
Recording Secretary
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March 19, 1997
To: City of Rosemount Planning Commission
Subject: Broback Industrial Park
I want to address some issues concerning this property. This land has a unique history,
we are attempting to meet as many of the current City zoning regulations as possible with
this proposal. Infrastructure for this parcel was put in place to accommodate its zoning.
There is more than one property owner in this subdivisian.
Enclosed is a scaled drawing showing a tvpical lot in this subdivision alongside a typical
city lot with an 80 foot frontage. I hope you can see by this drawing that the proposed
lots are not extraordinarily narrow. They are however,extraordinaxily long. The
"building pad",the area of the lot inside the city lot setback requirements, could
accommodaxe homes that are designed with the garage in front of the house. I drew
imaginary house and gara.ge footprints,the same house and garage footprints would fit on
either lot by sliding more or less of the garage in front of the house.
Moving the proposed Cul-de-sac to lot 4 Block 2 as proposed on page 7 of Feasibility
Report City Project No.279 would ta.ke away street access to Lot 10 Block 2 in the
revised plat.
Page 4 item 3.44 of the Feasibility Report states the e�sting sanitary sewer is along the
rear easement of the property. This is approximately 200' from the building pads, there
is no mention of the depth of the existing pipe.
Steven Scott Broback
Representing The Arthur C Broback Residuary Trust
,08 , SL
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March 18, 1997
Applicants for the Replat of Brobacic industrial Park
Fairfax Construction
3480 Upper 149ih St W
Rosemount, MN 55068
Re: Replat of the Brobacic Industriai Park
City of Rosemount
Dear Si�s:
Staff has reviewed the submitted slcetch piat for the replat of the Brobacic Industrial
Park. Since it is a replat, Staff wiil recommend to Council to have the foilowing
revisions made prior to approvai:
1. The right-of-way shouid be expanded to 60' from the proposed cul-de-sac on
the north to the cui-de-sac on the south.
2. The cul-de-sac's shouid be shown to be 120' in totai width rather than the
1�0' shown, and the lot lines at the cui-de-sacs may have to be redrawn to
meet lot width requirements..
3. The southeriy cui-de-sac shouid be moved north one lot as it does not have to
provide access to Lot 10, Biock 2. The attached drawing shows the required
right-of-way changes mentioned in No.'s 1-3.
4. Utility and drainage easements of 10 feet on the front and back and five fest
on the sides shouid be shown as a "typicai" detaiL
5. An additional utility easement will be required for the proposed pipe outlet
north of the pond at the rear of lots 1-9, Block 1.
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6. The City wiil require a second petition to request a revised and separate
Feasibility Report for ihe repiat due to the fact that additional sewer and water
services wiil have to be cut into the sanitary sewer and watermain to serve 12
additional lots; and sanitary sewer service would have to be provided to Lots
11, 12 and 13 of Blocic 2 and Lot 1 of Block 1. After the revised Feasibility
Report is completed a new public hea�ing would have to be held for the
proposed improvements.
The revised plat will have to be approved by the Dakota County Plat Commission.
Thei� review of the sketch plat is attached #or your use. It will have to go back to the
Plat Commission for Preliminary and Final Plat approvaL
Thank you for your cooperation in these matters and please cail me at 322-2025 if
you have any further questions.
Si erel
�
ud Osmundson, P.E.
City Engineer/Public Works Director
cc: Tom Burt, City Administrator
Dan Rogness, Community Development Director
Rick Pearson, City Planner
Hank Broback
Nancy 8roback
Richard Thorvig
Henry Construction
Estate of Arthur Broback
Del Schwan2
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March 13, 1997
City of Rosemount
Zg75 - 145`" Street Wesi
PO Box 510
Rosemount, MN 55�68
ATTN: Bud Osmundson
RE: Repiat of BROBACK INDUS'T'RIAL PARK _.___.___ ____ . ...
Dear Mr. Osmundson:
The Dakota County Plat Commission met on March 1�, 1997, to consider the pre�iminary repiat of BROBACK
1NDUSTRlAL PARK. Said piat is adjacsnt to CS�H 33 and is, therefore, subjeci to the Dakota County Contiguous Piat
Ordinance. �
it was the consensus of the P1at Commission that said plat does meet the County's right of way and access spacing
guidelines. The Ptat commission has co�cems with the piat and encourages the city to take these concems into
cansideration in reviewing the plat:
1, The close proximity of the service road to CSAH 33 may not aliow legai tuming movements for vehic es.
The dedication of additional right of way is encouraged to enable the frontage road to be moved fu�ther
away from CSAH 33.
2. Connection of the service road to Deift Avenue and Upper 148"'Sireet for intemal tra�c movements.
Note: the use of the word"REPLAT"is not aliowed in the offciat name of the plat.
The Ordinance requires resubmittal of the final piat before a recommendation is made to the County Board.
Traffic volumes on CSAH 33 are 4,200 ADT and are anticipated to be 6,700 ADT by the year 2014. These traffic
votumes indicate that current Minnesota noise standards for residential units couid be exceeded for the proposed ptat.
Your attention is directed to Minnesota Rule 7030.0030 Noise ConVol Requirement. In order for noise levels from the
highway to meet acceptable levets for adjacent residential units, substantiai building setbacScs, buffer areas, and other
noise mitigation elements must be incorpo�ated into this development.
No wvr4c shall commence in tfie County right af een filed.a The 'Plat Commiss on does notyrevgew aor appao ee actual
no permit will be issued until the plat has b � The pertnit process
engineering design of proposed accesses and other improvements made in the right of way.
reviews the design and may require construciion of highway improvements not discussed during plat reviews, including,
but not timited,to tum lanes, drainage features, etc. � • �
Sin refy,
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Gary H. tevenson
Secretary, Plat Cornmission
cc: Delmar Schwanz, l.and Surveyors
Dan Rogness, Community Development Director I
Tom 8urt, City Administrator '
Tom Swanson, Permits Technician
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