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HomeMy WebLinkAbout6.j. 19-19-LS Request by US Homes for a Lot Split for the Cliff Property EXECUTIVE SUMMARY 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: Consent PREPARED BY: Kyle Klatt, Senior Planner & Kim Lindquist, Community Development Director AGENDA NO. 6.j. ATTACHMENTS: Resolution; Site Location Map; Proposed Lot Split; April 9, 2019 Planning Commission Minutes Excerpt; Approved Preliminary Plat; Approved PUD; Lot Division and Preliminary Plat Resolutions APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Lot Split for US Home Corporation to Create Two Parcels from the Property at 12523 Akron Avenue SUMMARY The City Council 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 for 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 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. Up to the Planning Commission meeting the owner’s representative indicated that there was no desire to combine the two most northern lots, those which comprise lot 254 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. However, at the Planning Commission meeting the applicant and owner indicated that they are working toward a solution that will combine the Parcel B with the northern lot which will address several staff concerns. This change would also modify the conditions of approval as compared to the Planning Commission recommendation, which are reflected in the draft resolution. The Commission was aware that the conditions of approval could be modified if the applicant and owner came to agreement about the lot combination. Should the decision to combine the northern two parcels change again, the conditions of approval continue to meet the needs of the City in terms of easement dedication and allow the future extension of public utilities to lots not contained within the Meadow Ridge plat. The City Attorney has reviewed the resolution of approval and is also reviewing all easement documents. 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 2 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 Upon submittal of the current application it became apparent that the applicant and developer were not in agreement about the disposition of the two northern lots (Parcel B and the lot to the north also owned by the Cliffs). The property owner’s representative indicated the most northern lot may be sold in the future, separate from the homestead site. 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 based upon the development pattern. Because the applicant had wanted to retain two parcels, the lot split recommendations attempted to address some of the non-conformities. The recommended approval contains conditions to address the northern two lots, extension of utilities, and dedication of appropriate easements. Should the applicant and owner move forward with the combination as not indicated, the conditions are modified to address that new situation. 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 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. 3 One of the conditions requires dedication of a drainage and utility easement over Parcel B to permit installation of utilities across Parcel B to serve the northern Cliff parcel. This requirement is not necessary if the lots are combined. Lots at 12605 and 12637 Akron Avenue, along with the Cliff parcel, will receive sanitary sewer from the west, from the Meadow Ridge development. Water will be extended up Akron Avenue. 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 and the Planning Commission recommend approval of the lot split with conditions. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - A RESOLUTION APPROVING A LOT SPLIT FOR U.S. HOME CORPORATION TO CREATE TWO PARCELS FROM THE PROPERTY AT 12523 AKRON AVENUE WHEREAS, the City of Rosemount received a request for the Lot Split approval from U.S. Home Corporation concerning property legally described as: That part of the East Half of the Southwest Quarter of Section 15, Township 115, Range 19, Dakota County, Minnesota, lying northerly and easterly of the following described line: Commencing at the northwest corner of said East Half of the Southwest Quarter, thence on an assumed bearing of South 89 degrees 23 minutes 26 seconds East, along the north line of said East Half of the Southwest Quarter, a distance of 636.41feet, to the point of beginning; thence South 39 degrees 31 minutes 00 seconds East, a distance of 395.46 feet to the north line of the south 2359.30 feet of said East Half of the Southwest Quarter; thence South 89 degrees 24 minutes 13 seconds East along said north line, a distance of 442.31 feet to the east line of said East Half of the Southwest Quarter and there terminating. WHEREAS, on April 9, 2019, the Planning Commission of the City of Rosemount held a public hearing and reviewed the request for a lot split to separate the Cliff residence from the northern phase of the Lennar Meadow Ridge preliminary plat; and WHEREAS, on April 9, 2019, the Planning Commission recommended approval of the request, subject to conditions; and WHEREAS, on April 16, 2019, 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 U.S. Home Corporation, 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 Parcel A and Parcel B, 5’ easements along the side lot lines and 10’ easements along the front and rear lot lines, 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. If Parcel B is combined with the Cliff property to the north, 5’ side and 10’ front and rear drainage and utility easements shall be granted around the perimeter of the newly created lot. 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. If Parcel B is combined with the Cliff property to the north this easement will not RESOLUTION 2019- 2 be required. 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 on Parcel B into setback conformance and bring the sites more into conformance with City zoning regulations. If Parcel B is combined with the Cliff property to the north, this condition of approval will not apply. 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, 2019 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 6.a. Request by US Home Corporation, (Lennar) for Approval of a Lot Division for the Cliff Property at 12523 Akron Avenue (19-18-LS) Public Hearing continued from the March 26, 2019 Planning Commission Meeting Director Lindquist gave a brief summary of the staff report for the Planning Commission. Kenninger questioned if staff had any recommendations on where the new lot line would occur between Parcel B and the property to the north or if that was up to the property owner. One of the purposes of the lot split is to bring the southern accessory building on Parcel B into conformity and maybe Condition 5 should be clarified. Director Lindquist stated that item 5 of the conditions is addressing the conformance issue, although the new lot line location has not been decided. VanderWiel inquired why the item was not presented as a PUD amendment instead of a lot split. Director Lindquist explained that the lot split is required so that the parcel can be separated to allow for the sale of Parcel A to Lennar. The platting or lot-division process allows the overall process to advance. Public Comments: Steve Ach, Lennar, and Michael Clements, eXp Realty, stated that they are in general agreement with the staff report. Steve went over the lot split map and explained that they are currently working with the Cliff owners to bring the property into conformance. The final decision about combining Parcel B with the northern lot will be determined by the Council Meeting on April 16, 2019. If the parcels were combined the condition relating to the sewer extension easement should be eliminated since it will no longer be needed. Ach and Clements had a question about the second condition asking for the perimeter easements. On Parcel A, which Lennar will purchase, a blanket easement will be established. For Parcel B, Lennar did not see the need to establish a perimeter easement at this time. When Lennar plats the final phase, including the Cliff property, all of the easements will be dedicated at that time. Chair Kenninger requested that staff address the applicant’s comments on the second condition. Director Lindquist stated that standard drainage and utility easements are always required and staff does not believe this request would be an exception. Ach confirmed that Parcel A’s conservation, drainage and utility easements are all being established. The Right-of-Way easements have been drafted. Easements, with exception to Parcel B’s perimeter easement, will be submitted to staff on March 10, 2019. MOTION by Reed to close the public hearing. Second by Schmisek. Ayes: 7. Nays: 0. Motion Passes. The public hearing was closed at 7:01 pm. Additional Comments: Kenninger requested staff’s thoughts on the applicant completing the easements for Parcel B with the final plat versus doing it with the lot division. Lindquist advised that staff would always request easement dedication when the opportunity arises than waiting until a future uncertain date. Reed questioned what the risk would be if the easement wasn’t there. Lindquist clarified that easements on the sides are mainly for drainage. If the parcels stay split, the north parcel won’t have any perimeter utility easement. Lindquist stated that another option is that the applicant could plat the parcel now and provide the easements. VanderWiel stated she believes that it is better for the City to obtain the easements now. VanderWiel explained that it is easier to vacate an easement, than it is to obtain. Commissioners Freeman, Kenninger, and Reed stated that they all agree. MOTION by VanderWiel to recommend that 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 on Parcel B into setback conformance and bring the sites more into conformance with City zoning regulations. Second by Freeman. Ayes: 7. Nays: 0. Motion Passes. MOTION by VanderWiel to authorize staff to work with the applicant in the event that the lots are combined and to make the necessary changes for the recommendation. Second by Freeman. Ayes: 7. Nays: 0. Motion Passes. 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