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HomeMy WebLinkAbout6.i. 19-17-SMP Request by Dean Trongard for a Simple Plat for Bacardi Ridge to Split and Recombine Two Lots EXECUTIVE SUMMARY City Council Regular Meeting: April 16, 2019 AGENDA ITEM: 19-17-SMP Request by Dean Trongard for a Simple Plat for Bacardi Ridge to Split and Recombine Two Lots AGENDA SECTION: Consent PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.i. ATTACHMENTS: Plat Resolution, Site Location Map, Proposed Plat, Existing Conditions, Proposed Conditions, Conservation Easement Description, Easement Vacations, Aerial Photograph, PC Meeting Minutes Excerpt APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution approving a Simple Plat for Bacardi Ridge with conditions. SUMMARY The City Council is being asked to consider a Simple Plat request by Dean Trongard, representing Fredric and Deborah Ruppe and Ellen Leidner, to split and recombine their existing parcels along Bacardi Avenue into a new subdivision to be named Bacardi Ridge. There are no new buildable parcels created by the plat, and it will facilitate the transfer of some of Mrs. Leidner’s existing property to her neighbor to the south. The two resulting lots will either comply with all underlying requirements for the City’s AG – Agriculture zoning district or maintain the existing property conditions. Staff is recommending approval of the request with three conditions. Property Owners: Fredric and Deborah Ruppe, 12050 Bacardi Avenue and Ellen Leidner, 12006 Bacardi Avenue Applicant: Dean Trongard, Broker/Attorney, Options Real Estate, Inc. Location: Bacardi Avenue immediately south of 120th Street Site Area in Acres: 8.75 Acres Current Zoning: AG-Agriculture PLANNING COMMISSION REPORT The Planning Commission reviewed the simple plat request at its March 18, 2019 meeting, and conducted a public hearing concerning the request at this meeting. One resident of Inver Grove Heights addressed the Commission expressing concern that the plat would allow access to his private driveway to the north. He also questioned how the drainage system on Bacardi would be impacted by the subdivision. Staff responded to these questions by noting that the plat does not authorize any new easements or access from the lots within the subdivision. Staff also indicated that while the plat does provide new drainage and utility easements along Bacardi Avenue, there are no improvements proposed and the current conditions will remain along the road. 2 Please note that the resolution in front of the City Council includes a condition concerning the vacation of existing easements over Lot 1, Block 1 of the Schlukebier Addition, which will be replaced with new easements within the plat under consideration. The vacation is scheduled under the public hearing section of the existing agenda. After closing the public hearing, the Planning Commission voted unanimously to recommend approval of the Simple Plat with conditions. BACKGROUND The two property owners requesting the proposed subdivision own parcels in the extreme northern portion of the City along Bacardi Avenue. Both parcels have been occupied by single family residences since the early 1960’s; however the Ruppes’ property was originally part of a larger parcel used for agricultural activities including mushroom farming in the early to mid-20th century. The property currently owned by the Ruppes was split off in 2002 through a subdivision called the Schlukebier Addition that created a 10+ acre buildable parcel in back of the historic farmstead. The original residence on the Ruppe parcel was torn down and replaced by a new home a little more than three years ago. Half of the old agricultural building still stands on Ruppes’ property and is currently used for storage. The Ruppes presently own 3 acres. Ellen Leidner owns 5.75 acres directly north of Ruppes’ land, and her property is occupied by a single- family residence and a detached residential garage of approximately 1,200 square feet. Her two parcels are bounded by Bacardi Avenue to the west and a private driveway in Inver Grove Heights to the north. There are no public road improvements north of her property; however, the private driveway is located immediately across from and in line with 120th Street. Any future extension of 120th Street would likely follow the private driveway corridor. The City of Rosemount recently approved a lot split/combination for Mrs. Leidner that allowed her to integrate a small strip of land immediately east of Bacardi Avenue (owned by the property owner across Bacardi Avenue) into her existing parcels. This action helped fix a long-standing issue concerning ownership of the land between the present alignment of Bacardi Avenue and Mrs. Leidner’s house. Within the last year or so the Ruppe approached Mrs. Leidner about acquiring some of her property. The result of these conversations is the proposed subdivision that would facilitate the transfer of 2.49 acres to the Ruppes while Leidner would retain 2.5 acres around her residence and garage. The new lot line between the owners follows an unusual alignment, but was designed to ensure that each resulting lot fully complies with the underlying AG – Agricultural zoning district regulations (or does not expand any existing non-conformities). In addition, the new lots were designed to either maintain or increase compliance with the dimensional standards for each lot. For instance, the proposed subdivision does not change the lot width of each parcel even though both are under the 300 feet required by the Code. Under the City’s zoning regulations, parcels must be brought into compliance when a new application is submitted (they can also maintain existing conditions), and the City should take action on a request that increases the non-conforming nature of any parcel. ISSUE ANALYIS Simple Plat The applicant is proposing a simple plat for the subdivision, which allows the City to waive some of the normal subdivision application requirements and to combine the preliminary and final plat review into one action. The proposed plat does not create any new buildable parcels, will not require any new grading activity, and will not be served by any new public improvements; therefore, many of the City’s normal application materials are not necessary for this plat. The proposed lots to be created through the subdivision will be 2.5 acres and 5.49 acres in size. The lots will continue to utilize the existing access points and driveways, and there will be no specific on-site improvements as a result of the plat. In the future, any site improvements will need to comply with the City’s zoning regulations. 3 Public Right-of-Way Dedication Because the Leidner property has not previously been platted, the City is requiring right-of-way for all surrounding roads (and planned roads) to be dedicated with the plat. This includes the northernmost portion of Bacardi Avenue and the half of 120th Street within the City of Rosemount. Please note that although the City’s transportation plan depicts 120th Street as a planned future extension in this area, the dedication of right-of-way on the plat does not indicate the City has any short-term plans to build this road (which would partly be located in the City of Inver Grove Heights and displace a private driveway). The City is continuing to work with its neighboring communities on inter-jurisdictional transportation issues through the current Comprehensive Plan Update process. Lot Standards The site is currently zoned AG – Agricultural which allows lots with a minimum size of 2.5 acres if platted, with a maximum overall density of one house per 40 acres. Both lots will meet this minimum lot size standard, and the overall existing density of 2 houses on 8.75 acres (one house per 4.38 acres) will not change with the subdivision or further increase the site density. Please note that the resulting lot sizes of 2.5 and 5.49 acres are exclusive of the dedicated right-of-way, which also does not change the ultimate maximum number of allowed units for this area. The only other dimensional standard that is potentially impacted by the subdivision is the setback to the detached garage on the Leidner property. The subdivision will maintain the required side and rear setbacks of 30 feet for this structure from the new lot line between the two parcels. Lot Standards Lot Area Lot Width Maximum Density AG-Agriculture 2.5 Acres 300 feet 1 unit/40 Acres Current Proposed Lot Area Lot Width Lot Area Lot Width Leidner 5.75 295.03 Feet 2.5 Acres 295.03 Feet Ruppe 3 229.10 Feet 5.49 Acres 229.10 Feet Right-of-Way 0 n/a 0.76 Acres n/a Wetlands/Conservation Easements There are two designated wetlands within Bacardi Ridge, and both have been properly delineated on the proposed subdivision and existing conditions plan. The eastern-most wetland is a “Preserve”-type wetland that requires a 75-foot buffer while the other, smaller wetland is a “Manage 2” wetland requiring a 30-foot buffer. The plat includes drainage and utility easements over all wetland and wetland buffer areas, and the applicant has prepared a description for conservation easements over these areas as well. Staff is recommending a condition of approval that the conservation easements be recorded with the plat. Drainage and Utility Easements Because the Ruppe parcel was previously platted with the Schlukebier Addition it has drainage and utility easements along the front, side, and rear property lines. The applicant is proposing to vacate all of these easements and dedicate new ones with Bacardi Addition. The new plat will include 10-foot easements along front property lines and five-foot easements alongside and rear property lines. Additionally, the applicant is proposing to include drainage and utility easements over all wetlands and wetland buffer areas. The City Council has been asked to vacate the old Schlukebier easements in conjunction with the plat approval. 4 RECOMMENDATION The Planning Commission and staff recommend approval of a Simple Plat request for the Bacardi Ridge plat with conditions. This recommendation for approval is based on the information provided to the Planning Commission and attached to the City Council report. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 32 A RESOLUTION APPROVING A SIMPLE PLAT FOR BACARDI RIDGE WHEREAS, the Planning Department received an application for approval of a Simple Plat for Bacardi Ridge to facilitate the transfer of property between Ellen Leidner and Fredric and Deborah Ruppe and to replat three existing parcels into two parcels for property legally described as follows: That part of Government Lot 2, Section 9, Township 115, Range 19, Dakota County, Minnesota and the Northeast Quarter of the Northwest Quarter of Section 16, Township 115, Range 19, Dakota County lying North of the North line and its westerly extension thereof, of Lot 1, Block 1, Schlukebier Addition said Dakota County and lying East of the northerly extension of the most westerly line of said Schlukebier Addition. Together with: The following described tracts, pieces or parcels of land situate, lying and being in the County of Daktoa and State of Minnesota, to wit: A tract of land in Government Lot 1, in Section 9, and the Northwest quarter of the Northeast quarter of Section 16, Township 115, Range 19, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of Government Lot 1, and running thence south along the west line thereof and the west line of said Northwest quarter of Northeast quarter a distance of 330 feet; thence East and parallel to the North line of said Section 9 a distance of 660 feet; thence north and parallel to said west line a distance of 330 feet; thence west along said north line to the point of beginning, according to the Government Survey thereof. Together with: Lot 1, Block 1, Schlukebier Addition, Dakota County, Minnesota. WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing as required by ordinance for the purpose of receiving public comment regarding the proposed Bacardi Ridge Simple Plat on March 18, 2019; and, WHEREAS, the Planning Commission reviewed the application on March 18, 2019 and found it consistent with the criteria for simple plat review outlined in the Subdivision Ordinance; and, WHEREAS, the Planning Commission adopted a motion to recommend approval of the application for a Simple Plat on March 18, 2019. NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does hereby approve the Bacardi Ridge Simple Plat subject to the following conditions: 1) Vacation of draining and utility easements over Lot 1, Block 1 of the Schlukebier Addition. 2) Dedication of standard drainage and utility easements within Bacardi Ridge. 3) Conservation easements in a form acceptable to the City shall be recorded with the final plat and cover the wetland and wetland buffers as identified on the plat and associated drawings. ADOPTED this 16th day of April, 2019 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Dakota County, MN Property Information March 4, 20 19 0 450 900225 ft 0 130 26065 m 1:4,800 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. CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS Sheet1 of 1CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 c 2015 Pioneer Engineering, P.A. Drawn by: Cad File: Folder #: MTW 118295000-EXISTING CONDITIONS 8273 BACARDI RIDGE Fredric Ruppe and Deborah Rosen Ruppe EXISTING CONDITIONS Sheet1 of 1CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 c 2015 Pioneer Engineering, P.A. Drawn by: Cad File: Folder #: MTW 118295000-PROPOSED CONDITIONS 8273 BACARDI RIDGE Fredric Ruppe and Deborah Rosen Ruppe PROPOSED CONDITIONS SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Fredric Ruppe and Deborah Rosen Ruppe Cad File: 118295000-CONSERVATION EASEMENT.dwg Folder #: 8273 Drawn by:MTW CONSERVATION EASEMENT BACARDI RIDGE Sheet1 of 1c 2015 Pioneer Engineering, P.A. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Fredric Ruppe and Deborah Rosen Ruppe Cad File: 118295000-EASEMENT VACATION.dwg Folder #: 8273 Drawn by:MTW EASEMENT VACATION BACARDI RIDGE Description Sketch for: Aerial Photograph – Bacardi Ridge Area Leidner Ruppe PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 18, 2019 PAGE 3 Second by Mele. Ayes: 5. Nays: 0. Motion Passes. 5.c. Request by Dean Trongard for Approval of a Simple Plat for Bacardi Ridge (19-17-SMP) Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. The public hearing opened at 7:10 pm. Public Comments: Steven Kreitz, 1785 120th St W, Inver Grove Heights, questioned whether the new plat design would prohibit access to the private drive to the north for the new owner. Kreitz also questioned whether the new drainage system on Bacardi Avenue will go to the north or the south. MOTION by Freeman to close the public hearing. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:13 pm. Additional Comments: Senior Planner Klatt explained that the plat does not change anything that is associated with the existing private driveway. The plat does add some additional right-of-way dedication on the Rosemount side. This does not give the current property owner the right to utilize the private driveway. Unless, they negotiate a separate agreement with the owner or easement holder for the driveway. The owner would also need permission from the City to cross the newly platted right-of-way. Senior Planner Klatt explained that the City will be adding drainage and utility easements along Bacardi Avenue. This is a requirement of all plats. The easements won’t make any changes to the current drainage system. MOTION by Reed to recommend the City Council approve a Simple Plat for Bacardi Ridge with the following condition: 1. Conservation easements in a form acceptable to the City shall be recorded with the final plat and cover the wetland and wetland buffers as identified on the plat and associated drawings. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. New Business: Community Development Director Lindquist took a moment to thank Commissioner Mele. This was his last meet for the Planning Commission. City staff appreciated Mele’s work on the Comprehensive Plan. Community Development Director Lindquist confirmed the special meeting on April 9, 2019 at 6:30pm. Old Business: None.