HomeMy WebLinkAbout6.a. Request by US Home Corporation
E X E C U T I V E S U M M A R Y
Planning Commission Meeting: April 9, 2019
Tentative City Council Meeting: April 16, 2019
AGENDA ITEM: 19-19-LS Request by US Homes for a
Lot Split for the Cliff Property
AGENDA SECTION:
Public Hearing
PREPARED BY: Kyle Klatt, Senior Planner & Kim
Lindquist, Community Development
Director
AGENDA NO. 6.a.
ATTACHMENTS: Site Location Map, Proposed Lot Split,
Approved Preliminary Plat, Approved
PUD, Lot Division and Preliminary Plat
Resolutions
APPROVED BY: K.L.
RECOMMENDED ACTION: Motion to recommend the City Council approve a Lot Split for
Lennar for the Cliff Property at 12523 Akron Avenue subject to the following conditions:
1. Dedication of 50’ Akron Avenue right of way along the entire east side of the
property with the recording of the lot division.
2. Dedication of standard drainage and utility easements along the perimeter of both
lots and over the stormwater improvements constructed north of 127th Street as part
of the Meadow Ridge 1st Addition with the recording of the lot division.
3. Dedication of drainage and utility easements over all designated wetlands and
provision of a conservation easement over the required buffer area with the
recording of the lot division.
4. Dedication of drainage and utility easement across Parcel B to permit extension of
sanitary sewer service to the property north of the homestead parcel with the
recording of the lot division.
5. The applicant and property owner replat Parcel B and the property to the north,
currently owned by the Cliffs, with the last phase of the Meadow Ridge final plat that
contains 10 or more lots to relocate the existing property line to bring the existing
accessory structure into setback conformance and bring the sites more into
conformance with City zoning regulations.
SUMMARY
The Planning Commission is being asked to consider a Lot Division request to facilitate development of
the northern half of the Meadow Ridge project. A preliminary plat, PUD approval, and lot division were
approved in March 2018 to reflect the development pattern of the entire parcel. The division is to create a
lot for Lennar to purchase and keep the homestead parcel for the current owners.
When the project received PUD approval and preliminary plat approval, staff assumed that the applicant
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would move forward with platting the project into phases and address the various conditions of approval,
or submit an application consistent with the PUD approval. Over the last several weeks it has become
clear that the property owner does not support combining the two most northern lots, those which
comprise lot 258 in the preliminary plat. Staff had supported the combination of the two lots because of
existing non-conformities such as setbacks and the lack of a principal structure on the northern lot that
contains an accessory structure. The northern parcel, along with the homestead property were part of the
preliminary plat and the PUD and have been rezoned to R-1PUD. The Comprehensive Guide Plan
amendments needed to change the land use and MUSA boundary will be contained in the final 2040
Comprehensive Plan. A condition of approval requires bringing utilities to these properties along with the
two properties (the exception parcels) along Akron Avenue which are not part of the plat.
Upon application of this lot split it became apparent that the applicant and developer disagreed about the
disposition of the two northern lots. The property owner’s representative indicated the most northern lot
may be sold in the future, separate from the homestead site. Because of this issue and other discussions,
staff is recommending numerous conditions associated with the current lot split. The two lots currently
have non-conforming development. The northern lot has an accessory structure without any principal
structure. The south lot has an accessory structure that is either on, or very close to the northern property
line. In staff’s opinion the two lots have functioned as one parcel. Because the applicant wants to retain
two parcels, staff is recommending the two be replatted with the final phase of the Meadow Ridge project
so that some of the non-conformities can be reduced. Due to previous City actions both of the northern
lots are now urban residential, contained within the approved PUD, and that action along with the
preliminary plat reinforces that the two parcels should be final platted.
The recommended approval contains conditions to address the northern two lots, extension of utilities,
and dedication of appropriate easements. Staff intends to review the appropriate process for splitting
property after approval of PUD’s and Preliminary Plats, and the use of the lot division process versus
platting, so this confusion does not occur with future projects.
Property Owners: Richard and Dixie Cliff, 12523 Akron Avenue
Applicant: US Homes-Lennar
Location: 12523 Akron Avenue
Site Area in Acres: 33.84 Acres
Current Zoning: R-1PUD
BACKGROUND
The Meadow Ridge project received initial approvals in spring of 2018. The project contained a total 154
lots for new development, 2 outlots and a final homestead parcel. The first phase of the project, south of
Street A, 127th Street, has been graded and one model is under construction. The final plat for Meadow
Ridge 1st Addition was approved in June 2018
ISSUE ANALYIS
Lot Division
The applicant is proposing a lot division. Lot split requests are quasi-judicial decisions meaning that the
City Council is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning
Ordinance, and Subdivision ordinance are being followed. The property is also part of an approved
Master Development Plan PUD, planning requests are viewed to ensure compliance with the PUD Master
Plan and conditions of approval. Because the lot division separates the two northern parcels from the
remainder of the site that will be further subdivided and built upon, staff is requiring reasonable conditions
that would implement the approved PUD standards.
Public Right-of-Way Dedication
The property is adjacent to Akron Avenue and therefore right of way for the new Akron Avenue is
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requested. This was also a condition in the PUD Master Development approval and the previous lot split
approval. Seventy-five feet of right of way was required south of Street A, which is now 127th Street, and
50’ north of 127th Street along the entire frontage of the property owned by the Cliffs.
Wetlands/Conservation Easements
There are wetlands associated with the property being proposed for the lot split. As is typical for any lot
development, staff is requesting drainage and utility easements over the wetlands and application of
conservation easements as prescribed by the City’s Wetland Conservation Plan.
The conservation easement requires a buffer area be maintained around the designated wetland boundary.
Activities are restricted in the buffer area per the easement, for example; no man made installations, no
excavation or filling, no applying herbicides pesticides insecticides or fertilizers.
Drainage and Utility Easements
A condition of approval is requesting standard drainage and utility easement over the each of the lot
perimeters. A drainage and utility easement should also be provided over the existing stormwater
improvements that were constructed with the first phase of Meadow Ridge but are located north of 127th
Street.
Additionally, staff is requesting a drainage and utility easement over Parcel B to permit installation of
utilities across Parcel B to serve the northern parcel also owned by the Cliffs. As part of the approval in
2018, the City required that utilities be extended to all properties outside of the plat along Akron Avenue,
in addition to the homestead site. That would mean the lots at 12605 and 12637 Akron Avenue would
receive sanitary sewer from the west, from the Meadow Ridge development. Water would be extended up
Akron Avenue. Initially the plan was to extend sanitary sewer to the home site which was combined with
the northern parcel. Since the property owner does not want to combine the parcels, staff is requiring
extension of sanitary sewer service across Parcel B to permit urban utilities to the northern site.
It is anticipated construction of the sanitary sewer extension will occur in a future phase of the Meadow
Ridge subdivision. When the utilities are extended to the various parcels, four in total, the property owners
have 10 years to hook up to urban sanitary sewer service. Upon hook-up, the city will require payment of
the area charges and connection charges for each of the four properties. Water will be extended to the four
properties most likely this summer. Staff is not proposing that any of the four property owners need to
hook up to public water until the sanitary sewer is available. That means when hook up to sanitary sewer
occurs, the City will also require bringing water to the site. All trunk area charges and connection charges
would be paid at that time. Similar to what the City offered in the Greystone project, the City would be
willing to enter into an assessment agreement with the property owner to assess the area charge costs to
the site. This will reduce the capital outlay at the time of connection.
RECOMMENDATION
Staff recommends approval of the lot split with conditions.
Dakota County, MN
Property Information
March 4, 20 19
0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
SheetPurchase Sketch for:1 of 1c 2015 Pioneer Engineering, P.A.
LENNAR
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
2422 Enterprise Drive
Mendota Heights, MN 55120
(651) 681-1914
www.pioneereng.comFax: 681-9488
Cad File: 117254-LOT SPLIT -
3.dwg
Folder #: 8172
Drawn by:TSS
WETLAND E
POND 200
POND 100
WETLAND B
POND 300
OUTLOT A
OUTLOT B
00-ENG-117254-SHEET-PLAT
4PRELIMINARY PLAT
c
23OFMEADOW RIDGE
ROSEMOUNT, MINNESOTA
LENNAR
16305 36TH AVENUE NORTH
12-19-2017
BNM/PJC
BNM/MSN
Name
Reg. No.Date
Revisions
1. 01-19-18 City Comments Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
12-19-2017 PLYMOUTH, MINNESOTA 55446
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson 2. 02-09-18 City Comments3. 02-21-18 City Comments
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018 -
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
MASTER DEVELOPMENT PLAN WITH REZONING FOR MEADOW RIDGE
WHEREAS, the Community Development Department of the City of Rosemount received a
request for a Planned Unit Development Master Development Plan with Rezoning from Lennar
Corporation concerning property legally described as:
The South 240.00 feet of the East 480.00 feet of the East Half of the Northwest Quarter of Section 15,
Township 115, Range 19, Dakota County, Minnesota.
And
The East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota County,
Minnesota. Except the following:
The North 300 feet of the South 2059.3 feet of the East 290.4 feet of the East Half of the
Southwest Quarter of Section 15, Township 115, Range 19, Dakota County, Minnesota.
And
The North 300 feet of the South 2059.3 feet of the East 363 feet of the East Half of the
Southwest Quarter of Section 15, Township 155, Range 19, Dakota County, Minnesota.
WHEREAS, on January 23, 2018 the Planning Commission of the City of Rosemount held a public
hearing and reviewed the PUD Master Development Plan with Rezoning for Meadow Ridge; and
WHEREAS, on January 23, 2018, the Planning Commission recommended approval of the PUD
Master Development Plan with Rezoning for Meadow Ridge, subject to conditions; and
WHEREAS, on March 20, 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 Planned Unit Development (PUD) Master Development Plan of Meadow Ridge and
the Rezoning from AG – Agricultural to R1 PUD – Low Density Residential Planned Unit
Development, subject to:
a. Conservation easements shall be recorded over all wooded areas, wetlands, and
wetland buffers. Markers indicating the location of conservation easements and
wetland buffers must be installed on all affected properties. Fences are not
permitted within conservation easements.
b. Drainage and utility easements shall be dedicated over all stormwater ponds,
buffers and outlets.
c. All areas within the wetland buffers that do not have natural vegetation shall be
seeded and established with a wetland buffer seed mix.
d. Payment of $5,043 for AUAR study.
e. Approval of a WCA application with off-site mitigation occurring via the
purchase of credits from a wetland bank.
RESOLUTION 2018-
2
f. Payment of $94,100 in-lieu of tree replacement.
g. The front building elevation design shall include one of the following elements:
i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors,
windows or the wall behind the front porch;
ii. A front porch with railing that extends at least 30% of the width of the
front elevation, including the garage;
iii. A side entry garage;
iv. Or, no more than 70% lap siding, excluding doors and windows.
h. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot
minimum area of 10,000 to 7,800 square feet and corner lot minimum area from
12, 000 to 10,500 square feet.
i. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width
from eighty (80) feet to sixty-five (65) feet for interior lots and from ninety (90)
feet to seventy-five (75) feet for corner lots.
j. A deviation from City Code Section 11-4-5 F.4. to reduce the front yard setback
from thirty (30) feet to twenty-five (25) feet.
k. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback
from ten (10) feet to seven and one half (7.5) feet except in areas where existence
of larger drainage and utility easements require additional setbacks.
l. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot
coverage from thirty percent (30%) to forty-five percent (45%) for the three lots
less than 8,250 square feet in area, forty percent (40%) for twenty-nine lots
between 8,250 square feet and 9,750 square feet in area, and thirty-five percent
(35%) for the thirty-three lots between 9,750 square feet and 11,250 square feet
in area.
m. Create and record a restrictive covenant on the retaining walls located on private
property that ensures that it is the homeowners cost and responsibility to
maintain the retaining walls.
n. Development beyond the first phase cannot take place until the temporary lift
station located in the Street A right of way is built and sanitary sewer is available
to future phases.
o. Extension of sanitary sewer and watermain that is able to individually serve the
existing properties at 12523, 12605, 12637 Akron Avenue.
p. Payment of $110/frontage foot for upgrades to Akron Avenue.
q. Execution of an agreement defining the City’s and developer’s responsibilities
with regards to the temporary lift station.
r. Drainage and utility easements with storm sewer infrastructure may contain
fences but shall be required to include gates to provide truck access; shall
prohibit sheds or other accessory structures; and shall prohibit landscaping that
would impede drainage.
s. Each corner lot will have two overstory trees, one fronting on each road and all
interior lots will have one boulevard planting.
t. Road rights-of-way will be 80’ for Street A, 60’ for all other internal roadways
and an additional 75’ of right-of-way dedicated for Akron Avenue.
u. Conformance with all requirements of the City Engineer as detailed in the
attached memorandum dated March 16, 2018.
RESOLUTION 2018-
3
v. Conformance with all requirements of the Parks and Recreation Director as
detailed in the attached memorandum dated February 13, 2018.
w. The applicant meets with staff on the site to assess areas for further tree
preservation prior to issuance of a site grading permit.
x. Relocation of the driveway on lot 195 from Street G to Street E.
ADOPTED this 20th day of February, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018 - 13
A RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR MEADOW RIDGE
WHEREAS, the City of Rosemount received a request for Preliminary Plat approval from Lennar
Corporation concerning property legally described as:
The South 240.00 feet of the East 480.00 feet of the East Half of the Northwest
Quarter of Section 15, Township 115, Range 19, Dakota County, Minnesota.
And
The East Half of the Southwest Quarter of Section 15, Township 115, Range 19,
Dakota County, Minnesota. Except the following:
The North 300 feet of the South 2059.3 feet of the East 290.4 feet of the East
Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota
County, Minnesota.
And
The North 300 feet of the South 2059.3 feet of the East 363 feet of the East
Half of the Southwest Quarter of Section 15, Township 155, Range 19, Dakota
County, Minnesota.
WHEREAS, on January 23, 2018, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the Preliminary Plat for Meadow Ridge; and
WHEREAS, on January 23, 2018, the Planning Commission recommended approval of the
Preliminary Plat for Meadow Ridge, subject to conditions; and
WHEREAS, on March 20, 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 Preliminary Plat for Meadow Ridge, subject to the following conditions:
a. Approval of a Planned Unit Development Master Development Plan for the subject
property and designating minimum lot requirements and setbacks.
b. Payment of $110/frontage foot for upgrades to Akron Avenue.
c. Execution of an agreement defining the City’s and developer’s responsibilities with regards
to the temporary lift station located in the right of way of Street A.
d. Conformance with all requirements of the City Engineer as detailed in the attached
memorandum dated March 16, 2018.
e. Conformance with all requirements of the Parks and Recreation Director as detailed in the
attached memorandum dated February 13, 2018
f. Outlots A, B shall be dedicated to the City.
RESOLUTION 2018-13
2
g. Drainage and utility easements should be dedicated over all ponding and wetland areas with
a conservation easement provided over the designated wetlands.
ADOPTED this 20th day of March, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-27
A RESOLUTION APPROVING THE LOT SPLIT
FOR RICHARD AND DIXIE CLIFF
WHEREAS, the City of Rosemount received a request for the Lot Split approval from Lennar
Corporation concerning property owned by Richard and Dixie Cliff legally described as:
The East Half of the Southwest Quarter of Section 15, Township 115, Range 19,
Dakota County, Minnesota. Except the following:
The North 300 feet of the South 2059.3 feet of the East 290.4 feet of the East
Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota
County, Minnesota.
And
The North 300 feet of the South 2059.3 feet of the East 363 feet of the East
Half of the Southwest Quarter of Section 15, Township 155, Range 19, Dakota
County, Minnesota.
WHEREAS, the Lot Split approval will create two parcels legally described as:
PARCEL A:
All that part of the East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota
County, Minnesota lying southerly of the following described line:
Commencing at the southwest corner of said East Half of the Southwest Quarter, thence on an assumed
bearing of North 00 degrees 17 minutes 26 seconds East, along the west line of said East Half, a distance of
1503.99 feet to the point of beginning; thence South 89 degrees 42 minutes 34 seconds East, a distance of
215.00 feet; thence easterly a distance of 213.85 feet, along a tangential curve concave to the south having a
radius of 715.00 feet and a central angle of 17 degrees 08 minutes 11 seconds; thence South 72 degrees 34
minutes 23 seconds East tangent to said curve, a distance of 437.08 feet; thence southeasterly a distance of
189.87 feet, along a tangential curve concave to the northeast having a radius of 635.00 feet, and a central angle
of 17 degrees 07 minutes 55 seconds; thence South 89 degrees 42 minutes 18 seconds East tangent to said
curve, a distance of 301.39 feet to the east line of said East Half of the Southwest Quarter and there
terminating.
PARCEL B:
The East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota County, Minnesota
Except that part thereof lying southerly of the following described line:
Commencing at the southwest corner of said East Half of the Southwest Quarter, thence on an assumed
bearing of North 00 degrees 17 minutes 26 seconds East, along the west line of said East Half, a distance of
1503.99 feet to the point of beginning; thence South 89 degrees 42 minutes 34 seconds East, a distance of
215.00 feet; thence easterly a distance of 213.85 feet, along a tangential curve concave to the south having a
radius of 715.00 feet and a central angle of 17 degrees 08 minutes 11 seconds; thence South 72 degrees 34
minutes 23 seconds East tangent to said curve, a distance of 437.08 feet; thence southeasterly a distance of
189.87 feet, along a tangential curve concave to the northeast having a radius of 635.00 feet, and a central angle
of 17 degrees 07 minutes 55 seconds; thence South 89 degrees 42 minutes 18 seconds East tangent to said
curve, a distance of 301.39 feet to the east line of said East Half of the Southwest Quarter and there
terminating.
And except:
The north 300.00 feet of the south 2059.3 feet of the east 290.4 feet of said East Half of the Southwest
Quarter.
RESOLUTION 2018-27
2
And also except:
The north 300.00 feet of the south 2359.30 feet of the east 363.00 feet of said East Half of the Southwest
Quarter.
WHEREAS, on January 23, 2018, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the requested application; and
WHEREAS, on January 23, 2018, the Planning Commission recommended approval of the
requested applications, subject to conditions; and
WHEREAS, on March 20, 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 Lennar Corporation, subject to the following conditions:
1. Dedication of perimeter standard drainage and utility easements over both properties.
2. Dedication of seventy-five (75) feet of half right of way along Akron Avenue south of Street
A and fifty (50) feet of half right of way north of Street A.
3. Dedication of Street A as depicted in the attached preliminary plat to the City.
ADOPTED this 20th day of March, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk