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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: I I.41 Sr iii,)5o,iJ 4cD1ro , 1 1 ;31 .J . ,v :Itt:w . J 2� ' �JN III �o. ' 4ti�E --1 a�a ti� ` ( a.h5 WQo ti 0.1 14 0 IpA., — 0 6,‘+' I 2 0 d.et NORTH b/NE OF THE g.ouTH 400 FEET y / e p• „,,4, I JT1p H N /OF THE NE V.I. OF TNff NE y4 ¢to Q I•? III 2� ` 98`�°5b' oc"E • , _ '�� 9- A. I W., I 415.00 i -C ZI°18 0 3, �.0 J� f I Its /` t -__r8o-oo•-i00 �� 589°56'09"E> 100 a• -DRAINAGE ,j ' —_-11-�JNa i W ti O co %/- i e0—OO o 10 W 16 a aM�0// �► JO P f �- oI I - 0 `t / in o i Z o I _ , ' :r. �- j,M � K N MENTi : , 1 i i� � I. j'- 429.65 - Q L 1OI Sou' °'� >K i`C— — — —=:7 _ __ ``1 i I 489.90 ' .../s...,,, \ I ; -���59.75 N 89°56' OS' W rlo ; Nv: N59°56' .1 ,R axr \ /1 I N Q �I I / °� a� t_ I. N I f' , / I i U� 7 .Cw' '1 ze s� 60, kri7�•'%:;;;...',i .N?SB, lt2�y r „{,.,a,. ° h Ws?::'-'1,',-A-1-. _� x ` ..,,_� 0p .n"4` `.. O so 6 C S\ \ G iQ \4l r°" �, \ F / Ati.3 I/, I ) I 1 L L` \ tt` / ^Q7 0 h \ /t. to I.2': \ /C- s:, / VICINITY M N' ' C Rr o n \6 o►O a DII / SECTION 18 �':+:i i e-' a (v. I! — /\ 1 I I �, TOWNSHIP 115 N( I Imo' I 6! I RANGE 19 WEB ..4. DAKOTA COUNTY,MIN 400 't T Scale in Feet O DENOTES 112 INCH BY 14 INCH IRON MONUMENT SET MARKED WITH LICENSE NO.19086 T • DENOTES 112 NCH IRON MONUMENT FOUND.UNLESS OTHERWISE SHOWN �•- $I THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST co. ..no No - 3, QUARTER OF SECTION 18,TOWNSHIP 115 NORTH,RANGE 19 WEST =— HAS AN ASSUMED BEARING OF N 89°56'05"W : 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. . .... . - ..••-..t.',I.....ip.., :••4411.4:11:.visikirig4iFiej-,-- ____, •. . .......... 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