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HomeMy WebLinkAbout06.s. Request by Mary Schneider for a Lot Split of a Parcel Located at 15012 Emery Ave and Rezoning a portion of the site from AGP-Agriculture Preserve to AG-Agriculture EXECUTIVE SUMMARY City Council Regular Meeting: July 17, 2018 AGENDA ITEM: Request by Mary Schneider for a Lot Split of a Parcel Located at 15012 Emery Avenue and Rezoning a portion of the site from AGP-Agriculture Preserve to AG-Agriculture AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO.: 6.s. ATTACHMENTS: Resolution, Ordinance, Site Location Map, Survey, Ghost Plat, Planning Commission Meeting Minutes Excerpt APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a lot split at 15012 Emery Avenue subject to conditions. Motion to adopt a Rezoning Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for parcels A and C from AGP-Agriculture Preserve to AG-Agriculture. SUMMARY Property Owner: The Estate of Rosemary Marthaler Applicant: Mary Schneider, Executor of the Estate of Rosemary Marthaler Site Area in Acres: 76.4 Acres Current Zoning: AGP-Agriculture Preserve Requested Zoning: AG-Agriculture The City has received applications for a lot split and rezoning to split the existing farmstead from the tillable acreage and expand an exception parcel of property located south of County Road 42 and east of Emery Avenue in the eastern portion of the City. The applicant is the executor of her mother’s estate. Should the applications be approved, no additional dwelling units would be permitted on the newly created parcel until such time that the area is developed in accordance with the City of Rosemount’s Comprehensive Land Use Plan. PLANNING COMMISSION ACTION The Planning Commission reviewed the requests at a public hearing held on June 26, 2018. After a brief presentation, the Planning Commission asked about the lot area of the smaller lot and why the lot was not required to meet the 2.5-acre minimum for the AG-Agriculture zoning district. The City Code allows nonconforming parcels so long as the nonconformity is not increased. Because the lot is not getting smaller, and in fact is being brought closer into conformance, no variance is needed for the lot to be below the minimum lot area for this zoning district. No members of the public spoke at the hearing, and the Planning Commission voted unanimously to recommend approval of the lot split and rezoning. 2 ISSUE Lot Split The applicant is requesting 7.64 acres containing the existing farmstead be split off from the tillable acreage to more easily facilitate the sale of the property following her mother’s passing. In the process, the smaller of the two exception parcels will be increased in size to 2 acres. While the size of the exception parcel will still be below the minimum lot size for the AG zoning district, no variance is required as the nonconforming status of the lot is not being expanded. In this case, the lot will be brought closer into compliance with the lot standards of the City’s zoning ordinance. During initial conversations with the applicant, staff requested a “ghost plat” be drawn for the newly created 7.64-acre parcel containing the farmstead to ensure that in the future the parcel can be developed in accordance with the City’s urban residential zoning standards. It should also be able to be developed independent of the surrounding land. The ghost plat illustrates that the parcel can be developed consistent with existing R-1 standards with the exception of one parcel that would be immediately south of the designed Street A. This is unfortunate, but staff is comfortable with the illustrated layout and can support the location of the south lot line for Parcel A. As part of the lot split, additional right of way is being provided to meet the needs of the City’s Comprehensive Transportation Plan. Emery Avenue is anticipated to be a major collector in the future. As such, a total of 100 feet of right of way is required by the plan. The existing right of way is 33 feet from the center of the road way. An additional 17 feet of right of way is shown on the survey and will be recorded with the lot split. Rezoning The site is currently zoned AGP-Agricultural Preserve, a zoning classification that allows the property to be included in a tax-beneficial program administered by the county to promote the preservation of agricultural lands. The majority of the site will remain in the AGP zoning district, but due to the fact that portions of the lot that will be split off (the farmstead and the small area to be combined with the exception parcel) are smaller than allowed in the AGP zoning district, staff is recommending those portions of the site be rezoned to AG. Lot Standards Lot Area Lot Width Maximum Density AG-Agriculture 2.5 Acres 300 feet 1 unit/40 Acres AGP-Agricultural Preserve 40 Acres 300 feet 1 unit/ 40 Acres Current Proposed Lot Area Lot Width Lot Area Lot Width Parcel A 76.4 Acres 845 Feet 7.64 Acres 310 Feet Parcel B 68.09 Acres 505 Feet Exception + Parcel C 1.33 Acres 176 Feet 2 Acres 206 Feet RECOMMENDATION Based on the information provided by the applicant and reviewed in this report, the Planning Commission and staff are recommending approval of a rezoning of a portion of the site and a lot split, subject to conditions. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - A RESOLUTION APPROVING THE LOT SPLIT REQUESTED BY MARY SCHNEIDER WHEREAS, the City of Rosemount received a request for the Lot Split approval from Mary Schneider, Executor of the Estate of Rosemary Marthaler, concerning property legally described as: The North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section Thirty Three (33), Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota, Except the West 329.00 feet of the North 176.00 feet of the South 465.04 feet, and Except the South 300.00 feet of the North 610.00 feet of the West 363.00 feet. WHEREAS, the Lot Split approval will create three parcels legally described as: PARCEL A: That part of Government Lot Two (2), Section Twenty-One (21), Township One Hundred Fifteen (115), Range Nineteen (19), lying northerly of the centerline of County Road 38, excepting therefrom the following: Commencing at a point where the West line of said Government Lot Two (2) intersects the centerline of County Road 38, said point being 851.4 feet North of the Southwest corner of said Government Lot Two (2), thence Southeasterly along the centerline of said road, said centerline forming an angle of 60°45’ with the West line of said Government Lot Two (2), a distance of 143.7 feet to the point of beginning of the property to be described, thence at right angles to said centerline Northeasterly 233.0 feet; thence Southeasterly at right angle and parallel with said road 200 feet to a point which is 50 feet westerly of the westerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, thence Southerly and parallel and 50 feet distant from the said railroad right of way line 248.4 feet more or less to the centerline of said County Road, thence Northwesterly along said road 285.8 feet to the point of beginning; And further excepting therefrom the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; And further excepting that part of Government Lot Two (2), Section Twenty-One (21), Township One Hundred Fifteen (115), Range Nineteen (19), lying northerly of the centerline of County Road 38, described as follows: Beginning at the Southeast corner of said Government Lot Two (2); thence South 89 degrees 50 minutes 49 seconds West, a distance of 8.85 feet; thence North 57 degrees 30 minutes 03 seconds West, a distance 192.11 feet; thence North 54 degrees 10 minutes 40 seconds West, a distance of 184.73 feet; thence North 35 degrees 49 minutes 20 seconds East, a distance of 549.67 feet, to the east line of Government Lot Two (2); thence South 00 degrees 08 minutes 30 seconds West, along said east line, a distance of 657.82 feet, to the point of beginning. RESOLUTION 2018- 2 And also a non-exclusive easement for purposes of ingress to and egress from the tract above described, over and across the East 33.00 feet of Government Lot Two (2), Section Twenty One (21), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota, except the North 400.00 feet thereof. And PARCEL B: That part of Government Lot Two (2), Section Twenty-One (21), Township One Hundred Fifteen (115), Range Nineteen (19), lying northerly of the centerline of County Road 38, described as follows: Beginning at the Southeast corner of said Government Lot Two (2); thence South 89 degrees 50 minutes 49 seconds West, a distance of 8.85 feet; thence North 57 degrees 30 minutes 03 seconds West, a distance 192.11 feet; thence North 54 degrees 10 minutes 40 seconds West, a distance of 184.73 feet; thence North 35 degrees 49 minutes 20 seconds East, a distance of 549.67 feet, to the east line of Government Lot Two (2); thence South 00 degrees 08 minutes 30 seconds West, along said east line, a distance of 657.82 feet, to the point of beginning. And PARCEL C: The West 423.00 feet of the North 206 feet of the South 465.00 feet, of the North Half of the Northwest Quarter (N1/2 of the NW ¼) of Section Thirty-Three (33), Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota. WHEREAS, on June 26, 2018, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on June 26, 2018, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on July 17, 2018, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Lot Split for Mary Schneider, Executor of the Estate of Rosemary Marthaler, subject to the following conditions: 1. Rezoning of Parcel A and Parcel C from AGP-Agricultural Preserve to AG-Agriculture. 2. Combination of Parcel C with the adjacent exception parcel. 3. Parcel B is not buildable until the site is rezoned and has urban services. 4. Recording of additional right of way as shown on the survey. ADOPTED this 17th day of July, 2018, by the City Council of the City of Rosemount. RESOLUTION 2018- 3 __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jeff May, Deputy City Clerk City of Rosemount Ordinance No. B-270 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Estate of Rosemary Marthaler 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 the properties located at 15012 Emery Avenue and 15172 Emery Avenue from AGP-Agriculture Preserve to AG-Agriculture within the City of Rosemount legally described as follows: The North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section Thirty-Three (33), Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota, Except the West 329.00 feet of the North 176.00 feet of the South 465.04 feet, and Except the South 300.00 feet of the North 610.00 feet of the West 363.00 feet. And The West 423.00 feet of the North 206 feet of the South 465.00 feet, of the North Half of the Northwest Quarter (N1/2 of the NW ¼) of Section Thirty-Three (33), Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota. 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 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 17th day of July, 2018. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Jeff May, Deputy City Clerk Published in the Rosemount Town Pages this ______ day of _______________ , 2018. EMERYAVE.EMERYAVE.EXCEPTIONEXCEPTION NORTH LINE OF THE NW 1/4 OF SEC. 33-T115-R18EAST LINE OF THE NW 1/4 OFSEC. 33-T115-R18SOUTH LINE OF THE NORTH 1/2 OFTHE NW 1/4 OF SEC. 33-T115-R18WEST LINE OF THE NW 1/4OF SEC. 33-T115-R1831.9 310.0PARCEL B(68.09 ACRES)PARCEL A(7.64 ACRES)NORTHEAST CORNER OF THE NW 1/4 OFSEC. 33-T115-R18 (DAKOTA COUNTY CIM)300.0289.04 17.050.017.050.017.050.0PARCEL C(2.00 ACRES)94.030.0 DESCRIPTIONS FOR SPLITTING OFF PARCEL A (STEP 1):EXISTING PROPERTY DESCRIPTION:The North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section Thirty Three (33),Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota, Exceptthe West 329.00 feet of the North 176.00 feet of the South 465.04 feet, and Except the South300.00 feet of the North 610.00 feet of the West 363.00 feet.DESCRIPTION OF PROPOSED PARCEL A:That part of the N 1/2 of the NW 1/4 of Section 33, Township 115, Range 18, Dakota County,Minnesota, described as follows: Beginning at the northwest corner of said N 1/2; thence South00°37'59" East, assumed bearing, along the west line of said N 1/2 a distance of 310.02 feet tothe south line of the north 310.0 feet of said N 1/2; thence South 89°57'00"E, parallel with thenorth line of said N 1/2 a distance of 574.47 feet; thence N 00°37'59" W, parallel with the westline of said N 1/2, a distance of 78.36 feet; thence S 89°57'00" E, parallel with the north line ofsaid N 1/2, a distance of 667.00 feet; thence N 00°37'59" W, parallel with the west line of said N1/2, a distance of 231.66 feet to the north line of said N 1/2; thence N 89°57'00" W, along saidnorth line, a distance of 1241.47 feet to the point of beginning.DESCRIPTION OF ADDITIONAL RIGHT OF WAY OVER PARCEL A:A public right-of-way easement over the east 17.0 feet of the west 50.0 feet of said Parcel A.DESCRIPTION OF PROPOSED PARCEL B:The North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section Thirty Three (33),Township One Hundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota,EXCEPT the West 329.00 feet of the North 176.00 feet of the South 465.04 feet, and EXCEPTthe South 300.00 feet of the North 610.00 feet of the West 363.00 feet, and EXCEPT that part ofthe N 1/2 of the NW 1/4 of Section 33, Township 115, Range 18, Dakota County, Minnesota,described as follows: Beginning at the northwest corner of said N 1/2; thence South 00°37'59"East, assumed bearing, along the west line of said N 1/2 a distance of 310.02 feet to the southline of the north 310.0 feet of said N 1/2; thence South 89°57'00"E, parallel with the north line ofsaid N 1/2 a distance of 574.47 feet; thence N 00°37'59" W, parallel with the west line of said N1/2, a distance of 78.36 feet; thence S 89°57'00" E, parallel with the north line of said N 1/2, adistance of 667.00 feet; thence N 00°37'59" W, parallel with the west line of said N 1/2, adistance of 231.66 feet to the north line of said N 1/2; thence N 89°57'00" W, along said northline, a distance of 1241.47 feet to the point of beginning.DESCRIPTION OF ADDITIONAL RIGHT OF WAY OVER PARCEL B:A public right-of-way easement over the east 17.0 feet of the west 50.0 feet of said Parcel B.DESCRIPTIONS FOR SPLITTING OFF A PORTION OF PARCEL BAND CREATING PARCEL C (STEP 2):EXISTING PROPERTY DESCRIPTION OF PARCEL TO BE ADDED TO (57,908 sq. ft. - 1.33 acres):The West 329.00 feet of the North 176.00 feet of the South 465.00 feet, of the North Half of theNorthwest Quarter (N1/2 of the NW 1/4) of Section Thirty-Three (33), Township One Hundred Fifteen(115), Range Eighteen (18), Dakota County, Minnesota.DESCRIPTION OF PROPERTY TO BE PURCHASED FROM PARCEL B (HATCHED AREA - 29,228sq. ft. - 0.67 acres):The East 94.00 feet of the West 423.00 feet of the North 206.00 feet of the South 465.00 feet of theNorth Half of the Northwest Quarter (N1/2 of the NW 1/4) of Section Thirty-Three (33), Township OneHundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota.And,The West 329.00 feet of the South 30.00 feet of the North 206.00 feet of the South 465.00 feet of theNorth Half of the Northwest Quarter (N1/2 of the NW 1/4) of Section Thirty-Three (33), Township OneHundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota.DESCRIPTION OF PROPOSED PARCEL C (87,137 sq. ft. - 2.00 acres):The West 423.00 feet of the North 206 feet of the South 465.00 feet, of the North Half of the NorthwestQuarter (N1/2 of the NW 1/4) of Section Thirty-Three (33), Township One Hundred Fifteen (115), RangeEighteen (18), Dakota County, Minnesota.DESCRIPTION OF ADDITIONAL RIGHT OF WAY OVER PARCEL C:A public right-of-way easement over the east 17.0 feet of the west 50.0 feet of said Parcel C.DESCRIPTION OF NEW PROPOSED PARCEL B (LARGER PARCEL REMAINING):The North Half of the Northwest Quarter (N 1/2 of NW 1/4) of Section Thirty Three (33), Township OneHundred Fifteen (115), Range Eighteen (18), Dakota County, Minnesota, EXCEPT the West 423.00 feetof the North 206 feet of the South 465.00 feet, and EXCEPT the South 300.00 feet of the North 610.00feet of the West 363.00 feet, and EXCEPT that part described as follows: Beginning at the northwestcorner of said N 1/2; thence South 00°37'59" East, assumed bearing, along the west line of said N 1/2 adistance of 310.02 feet to the south line of the north 310.0 feet of said N 1/2; thence South 89°57'00"E,parallel with the north line of said N 1/2 a distance of 574.47 feet; thence N 00°37'59" W, parallel withthe west line of said N 1/2, a distance of 78.36 feet; thence S 89°57'00" E, parallel with the north line ofsaid N 1/2, a distance of 667.00 feet; thence N 00°37'59" W, parallel with the west line of said N 1/2, adistance of 231.66 feet to the north line of said N 1/2; thence N 89°57'00" W, along said north line, adistance of 1241.47 feet to the point of beginning.DESCRIPTION OF ADDITIONAL RIGHT OF WAY OVER PARCEL B:A public right-of-way easement over the east 17.0 feet of the west 50.0 feet of said Parcel B. STREET A10,000 SQ FTPONDEMERYAVE.EMERYAVE.EXCEPTIONEXCEPTION NORTH LINE OF THE NW 1/4 OF SEC. 33-T115-R18EAST LINE OF THE NW 1/4 OFSEC. 33-T115-R18SOUTH LINE OF THE NORTH 1/2 OFTHE NW 1/4 OF SEC. 33-T115-R18WEST LINE OF THE NW 1/4OF SEC. 33-T115-R1831.9 310.0PARCEL B(68.09 ACRES)PARCEL A(7.64 ACRES)300.0289.04 17.050.017.050.017.050.0PARCEL C(2.00 ACRES)94.030.0 80.060.0 125.0125.0 12,000 SQ FT97.2 5.b. Request by Mary Schneider for a Lot Split of a Parcel Located at 15012 Emery Avenue and Rezoning a Portion of the Site from AGP-Agriculture Preserve to AG-Agriculture (18-34-LS & 18-35-RZ) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Clements questioned why the smaller lot is not required to be 2.5 acres. Nemcek stated that the owner of the smaller lot does not wish to purchase additional land. He noted that the site increase brings the property closer into conformance with ordinance requirements. The public hearing opened at 7:11 pm. Public Comments: None. MOTION by Clements to close the public hearing. Second by Freeman. Ayes: 4. Nays: 0. Motion Passes. The public hearing was closed at 7:12 pm. Additional Comments: None. MOTION by Freeman to recommend City Council approve the lot split, subject to the following conditions: 1. Rezoning of Parcel A and Parcel C from AGP-Agricultural Preserve to AG-Agriculture. 2. Combination of Parcel C with the adjacent exception parcel. 3. Parcel B is not buildable until the site is rezoned and has urban services. Second by Clements. Ayes: 4. Nays: 0. Motion Passes. MOTION by Freeman to recommend the City Council approve the rezoning of Parcels A and C from AGP- Agricultural Preserve to AG, subject to the following conditions: 1. Combination of Parcel C with the adjacent exception parcel. Second by Clements. Ayes: 4 Nays: 0. Motion Passes.