HomeMy WebLinkAbout6.d. Hanson Addition Administrative Plat Request . - CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: May 7, 1996
AGENDA ITEM: Hanson Addition Administrative Plat AGENDA SECTION:
Requested by Richard Hanson, 12275 New Business
Cobblestone Court
PREPARED BY: Rick Pearson, Assistant Planner AGENDA ITEM # 6 B
ATTACHMENTS: City Attorney correspondence, Draft APPROVED BY:
resolution, PC minutes and review (4-
23-95)
Mr. Richard Hanson is requesting approval of an administrative plat that will combine his 2.6
acre lot in Chelsea Woods Estates with approximately 10 acres of land purchased from his
immediate neighbor to the north, Mrs. Hart. Chelsea Woods Estates is in the Rural Residential
District with lots averaging five acres in size. Mrs. Hart's property consists of approximately
29.6 acres of land zoned Agriculture and guided for Rural Residential use.
Mr. Hanson is interested in preserving the wooded area north of his lot as "buffer" space. Staff
has viewed this as reasonable as long as future subdivision for rural residential uses of the
remnant property or adjoining property is not inhibited. To that end, the recommendation for
approval included dedication of the eastern sixty feet of the Hart parcel for right-of-way (ROW)
purposes. This recommendation was based upon concensus by City Staff and was endorsed
by the City Attorney as defensible.
The Planning Commission discussed the issue at length at the April 23, 1996 meeting and was
not in complete support of the recommendation. The dissenting votes represented opinions
that future development should pay for acquisition or ROW and development of future streets,
as well as the request would result in the preservation of land in a natural state (even though
under private ownership). The City Attorney has since conducted research into relevant case
law and has counseled that the ROW dedication may not be successfully defensible in light of
recent decisions made by the Supreme Court and other state's courts. As a result, the
recommended action in the resolution will reflect a modification of the ROW requirement into
the creation of an outlot that will be retained by Mr. Hanson which may be acquired for public
use at some future date.
RECOMMENDED ACTION: Motion to adopt the resolution approving of the
administrative plat for Hanson Addition.
COUNCIL ACTION:
KENNEDY & GRAVEN
CHARTERED
Attorney"at Law JAMS J.TROMSON
470 Pillsbury Center.Mlnneapo0.a.Minnesota 55402 Lome M.WARTUVIM
RoaENT A.Atsor (612)337.9300 BONNIE L.WIU RWS
BRUCE M.HATTERSON JOE Y.YANG
RONALD H.BATTY Facsimile(612)337.9310
Ern liZt4 J.aUaVL
JOHN B.DIfAN DAVID L.GRAVER(1929.1991)
DANtEI.J•GREENEWEia —�
DAVID J.KEAINIDY
Or C(JUNSEI.
CRAMS L►.MERE
JOHN M.LERE =JR. WRITER'S DIRECT DIM. Rom=C.CARLSON
RON=J.LINDALL (sl2)327.9215 ROBERT L.DAVIDSON
WELLINGTON H•LAW
ROBERT C.LONG FLOYD B.OLSON
JAS M.STROINDIEN CURTIS A.PEARSON
CoggiNE H.THGMSON MEMORANDUM T.JAY$ALIGEN
TO: Rosemount City Council
FROM: Charlie LeFeverre
DATE: May 2, 1996
RE: HartlHanson Subdivision
As you know, the city has under consideration the above referenced administrative plat. Both
staff and the planning commission have recommended that the plat be approved on the condition
that a 60' roadway along the eastern edge of the plat be dedicated to the public. Prior to
consideration of this matter by the planning commission,Rick Pearson and I discussed the matter.
At that time, I indicated to Rick that it appeared to me that requiring a roadway would be legally
defensible. However, since that time, I have done some additional legal research about recent
changes in the law relating to requiring dedication of public roadway. Under the law in effect
until 1994, I believe that requiring the roadway dedication in this case would have been legally
defensible. However, in June of 1994 the United Stated Supreme Court decided the case of
Dolan y. City of Tiaard, 114 S. Ct. 2309. This case substantially restricted the authority of cities
to require dedication at the time of land use approvals. The facts of the Dolan case were not
similar to those of the subdivision currently being considered in Rosemount. However, there
have been several later cases in other states interpreting the legal effect of the ruling in the Dolan
similar to the case being considered in
case. The facts of two of these cases are sufficiently g
Rosemount that I am concerned about the legal defensibility of requiring the roadway dedication.
One of the reasons for the recommendation by the staff and the planning commission that the
roadway be dedicated is that it would provide access for potential development of the southern
part of the Hart parcel. However, in the case of Schultz v. City of Grants Pass (Or. App., 1994)
884 P.2d 569, the court ruled that the potential future subdivision of a tract being divided is not
a sufficient basis to require road dedication. The Schultz case involved the division of a parcel
into two parcels, whereas the proposed subdivision in the case being considered by the city
council will not create any new lots. Therefore, the facts of the case in this subdivision are even
CLLI03992
R5220-23
2'd N3Atid9 '8 AQ3NN371 S6:T Z 96, 20 AbW
less advantageous to the city than they were in the Schultz, case. Although a decision by the
Oregon court is not binding on the courts of Minnesota, the Minnesota courts could be expected
to consider the decisions of other courts in deciding whether a roadway dedication is
constitutionally permissible.
Another basis for suggesting the dedication of a road in this case would be to provide access to
other parcels to the east of the subdivision. In the case of Luxembourg Group v. Snohomish
County, (Wash. App. 1995) the court ruled that the county could not require dedication of a
roadway to serve another parcel even though that parcel was landlocked and had no other
roadway access. The court reasoned that because the landlocked parcel had been landlocked
before the subdivision, the subdivision of land did not create the need for the road. Therefore,
it was impermissible to require the dedication of the roadway to solve the problem of a property
outside of the plat and not owned by the applicant. Again, a decision of the Washington state
courts would not be binding on the courts of Minnesota, but would be considered.
On the basis of these cases, I am concerned that the city may not be able to successfully defend
requiring the applicant to dedicate roadway.
After discussing the situation with staff, it appears that there may be a way to address some of
the city's traffic and roadway concerns in a way which would not expose the city to a potentially
successful legal challenge. If the city council requires the platting of the roadway area (i.e. the
east 60' of the plat), the city will not be requiring the conveyance of property by dedication for
roadway purposes without compensation. The property will still be owned by Mr. Hanson.
However, since the outlot will be a substandard size lot, it will not be possible to develop that
lot with improvements. Therefore, it will be more practical for the city to acquire the outlot if
it is needed in the future for roadway purposes. If the need for a roadway arises because of
subdivision of either the southern part of the Hart parcel or the property to the east, it may even
be possible for the developer to acquire Outlot A without involvement of the city since the outlot
would already be a separate parcel of record.
Therefore, it is staff's recommendation that the plat be approved on the condition that an
additional lot be platted, as an outlot, over the eastern 60' of the plat.
Ij
CLL:cicr
01.1103992
RS220-23
Ed N3Add9 '5 AQJNN3>i 9E:Z S 96, 20 AdW
_ DRAFT CITY OF ROSEMOUNT - -
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1996-
A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT
FOR HANSON ADDITION
WHEREAS,the City of Rosemount has received an application for approval of the Hanson
Addition Administrative Plat;
WHEREAS, on April 23, 1996, the Planning Commission of the City of Rosemount reviewed the
Hanson Addition Administrative Plat and has recommended approval subject to conditions; and
WHEREAS,the condition requiring right-of-way dedication has been modified to an outlot for
future acquisition based upon the recommendation of the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Hanson Addition Administrative Plat subject to:
1. the eastern sixty feet of the Hart property will be platted as an outlot anticipated for
future right-of-way needs;
2. payment of G.I.S. fees as established in the 1996 fee resolution; and
3. provision of easements for drainage and ponding in accordance with
recommendations from the Engineering Department.
ADOPTED this 7th day of May, 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
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CITY OF ROSEMOUNT
• EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: April 23, 1996
AGENDA ITEM: Administrative Plat - Hanson Addition AGENDA SECTION:
Requested by Richard Hanson, 12275 Public Hearing
Cobblestone Court
PREPARED BY: Rick Pearson, Assistant Planner AGENDA NO. 7B.
ATTACHMENTS: Hanson Addition Plat APPROVED BY:
Mr. Richard Hanson owns approximately 2.6 acres in the Rural Residential District on the west
side of the temporary cul-de-sac for Cobblestone Lane in Chelsea Woods. The Chelsea Woods
development is consistent with Rural Residential land use policies with the average lot size
equaling five acres. Mr. Hanson desires to acquire land from his neighbor to the north, Mrs.
Hart, to create a "buffer" area for his house.
Mrs. Hart owns approximately 29.6 acres of property to the north in the Agriculture District.
Mrs. Hart has agreed to sell approximately 10 acres of land ( the approximate southern third) to
Mr. Hanson. After examining the several options available, Mr. Hanson has chosen an
administrative plat that will combine the ten acres with his lot of 2.6 acres. One advantage of
this strategy is that he will not have to pay any park dedication fees.
The primary issue resulting from the administrative plat is the status of Cobblestone Lane. The
right-of-way (ROW) was platted all the way to the northern boundary of the Chelsea Woods
Estates plat (recorded 6-20-89) in such a manner so that it could be extended north to provide
access to the Hart property (and others) consistent with the rural residential development
pattern. An opportunity to provide a connection to 120th Street is also desirable for traffic
flow distribution and emergency access.
Mr. Hanson would prefer that Cobblestone lane not be extended north because there is no
benefit to his property. However, a subdivision of the remaining Hart property would best be
served by an extension of Cobblestone Lane as well as providing access to property to the
east.
There is no intention of building a street as a result of the administrative plat. However, ROW
should be dedicated so that future subdivision of the Hart , Hanson or eastern property would
be facilitated in conformance with the Comprehensive Guide Plan.
•
RECOMMENDED ACTION: MOTION to recommend approval of the Hanson Addition
Administrative Plat subject to: 1) the dedication of the eastern sixty feet of the Hart property
for right-of-way; 2) payment of G.I.S. fees as established in the 1996 fee resolution; and, 3)
provision of easements for drainage and ponding in accordance with recommendations from
the Engineering Department.
PLANNING COMMISSION ACTION:
TO: City of Rosemount Planning Commission
FROM: Richard Hanson
DATE: April 23, 1996
RE: Hanson Addition -Application for an Administrative Plat
1. Hanson proposes combining his 2.6 acre lot at 12275 Cobblestone Lane with
approximately 10 acres of the property Marjorie Hart owns.
2. Hanson does not propose any new development.
3. The principal change is that the southern boundary of Marjorie Hart's land will be
moved north.
4. The remainder of the Hart parcel will continue to have frontage and access to the north.
5. Dedication of road right-of-way by Hanson is premature.
• No new development is proposed for Hanson Addition on Hart/Hanson parcel.
• No development is currently proposed for any of the surrounding property.
6. Dedicating right-of-way across Hanson Addition to facilitate extending Cobblestone to
120th Street is not consistent with past planning.
• Cobblestone is not a suitable through street.
• The Guide Plan proposes Dodd Road as the north-south collector in the area.
7. There is no "rough proportionality" between the proposed development and the
exaction of a road right-of-way.
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