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HomeMy WebLinkAbout5.c. Ruud EXECUTIVE SUMMARY Planning Commission Meeting: February 23, 2021 Tentative City Council Meeting: March 16, 2021 AGENDA ITEM: 21-05-SMP Request by Eric Ruud for a Minor Subdivision of a Parcel Located at 4357 160th Street East to Create a New Buildable Lot AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.c. ATTACHMENTS: Site Location Map, McClung Acres Plat, Restrictive Covenant, Street View of Property APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend the City Council approve the Minor Subdivision for McClung Acres, subject to the following conditions: 1. Recording of a restrictive covenant with the plat prohibiting the use of Lot 3, Block 1 for residential purposes. 2. Revision of the restrictive covenant to allow removal of covenant upon approval by the City Council. The final restrictive covenant is subject to review and approval by the City Attorney. 3. Dedication of all easements within the plat as required by the City Engineer. 4. Payment of a fee in lieu of park land dedication for the one new buildable lot within the subdivision. 5. The applicant must demonstrate compliance with all applicable City, County, and State standards to install a subsurface sewage treatment system and private well on Lot 1, Block 1 prior to issuance of any building permits for this lot. SUMMARY Property Owner: Eric and Rebecca Ruud, 2088 270th Street West, Randolph, MN Applicant: Eric Rudd Site Area in Acres: 80.29 Acres Future Land Use Map: AG – Agriculture (outside 2040 MUSA) Current Zoning: AG – Agriculture The Planning Commission is being asked to consider a request for a Minor Subdivision from Eric Ruud to plat an existing 80.29-acre agricultural parcel approximately ¾ of a mile east of Highway 52 and along 160th Street East into three parcels. The three resulting parcels would include 5.58 acres encompassing an existing single-family home and all farm outbuildings on the property, a new 3.05-acre buildable lot, and the remaining 71.66 acres of undeveloped agricultural land. The request is the first application for a Minor Subdivision to be submitted under the newly updated Subdivision Ordinance (a Minor Subdivision is defined as subdivision that creates no more than four lots and depends upon existing infrastructure for development and may have some platting requirements waived). The proposed plat would be called McClung Acres. 2 BACKGROUND The applicant’s property sits within the City’s large agricultural area east of Highway 52 along 160th Street and is located near the point at which Highway 46 swings south to avoid the town of Coates as it continues east through Rosemount. It is also situated immediately east and southeast of the large solar farm that has been constructed on the adjoining farmland within the past several years. The site is somewhat unique because it is only a quarter mile from the Coates border with Rosemount, and well outside of the 2040 Metropolitan Urban Service Area (MUSA). The property is guided and zoned for agricultural uses and there are no plans to extend public services to the area for at least 20 years. The subject parcel has historically been used for active farming, and other than the farmstead (which includes the single-family home and accessory farm buildings) most of the site is open tillable land. The farm currently accesses 160th Street from a single driveway near the intersection of this street with Highway 46 (Brandel Drive). Dakota County has retained ownership of the old County 46 right-of-way along the south edge of the applicant’s parcel but does intend to turn back this road to the local governing agencies (which would be either Rosemount, Coates, or shared by both) in the near future. Other than some minor building permits associated with the home, staff could find no other land use records associated with the parcel. ISSUES AND ANALYSIS The purpose of the proposed subdivision is to create a new buildable lot while retaining the existing farmstead and outbuildings as a separate lot from the larger agricultural land. The new 3.05-acre buildable parcel would be located near the eastern edge of the property and would retain 300 feet of frontage along 160th Street while the farmstead would be 5.58 acres in size and have 366.6 feet of frontage along the road right-of-way. Both measurements will meet or exceed the minimums of 2.5 acres for a lot and 300 feet of frontage along a public street required under the zoning ordinance. Please note that although the applicant is able to technically meet the City’s lot width standard (which is measured at the front building line), most of the lot is just under 225 feet in width because the lot line between the new buildable parcel and the one with the existing buildings jogs westward at the 50 foot front setback line. This unusual lot line configuration has been requested to keep the barn with the farmstead property and to maintain the required side yard setback of 30 feet to this structure. At the request of the City, the applicant left a 75-foot strip of land at the far western edge of the plat connected to the larger agricultural acreage within Lot 3, Block 1. This area is intended to: 1) allow whoever farms the agricultural parcel to access the field away from the intersection of 160th Street and Highway 46 at a much safer point in the road, and 2) to provide room for a future public road if and when the site is developed at urban densities (as noted above, further development is many years away). The City’s zoning regulations stipulate that the maximum density allowed in the AG – Agriculture zoning district is one house per 40 acres, although the minimum lot size is much smaller than 40 acres. In practice this allows a property owner to split off residential properties from larger agricultural acreages and to allow a minimal amount of rural residential development in areas outside the MUSA until urban services are extended to these properties. Under the current request, the applicant is asking to create two buildable lots over the entire 80+ acre parcel, and therefor would be compliant with the City’s density requirements. To ensure future compliance with the density standard, the subdivision should only be approved by the City with a restriction on the 71.66-acre parcel that prohibits its use for residential purposes. With such a restriction in place, the owner of this property will be allowed to farm the 71 acres (or sell to another party for the same purpose) but will not be allowed to build a home on it. The applicant has drafted a deed restriction that would be recorded against the property prohibiting residential uses. After reviewing the proposed restriction, staff is recommending that it be revised to allow the restriction to be eliminated by the City once urban services are available to the site. 3 The minor subdivision will not require any public services and all lots will meet the City’s requirements to maintain frontage along a public street. Any residential structure on Lot 1, Block 1 will need to demonstrate compliance with applicable standards for a private well and septic system. The City Engineer has reviewed the application and did not have any specific comments. The Dakota County Plat Commission has also reviewed the request and did not request any modifications to the proposed subdivision. RECOMMENDATION Based on the information provided by the applicant and reviewed in this report, staff is recommending approval of the minor subdivision for McClung Acres subject to the conditions listed above. Dakota County, MN Property Information Febru ary 8, 2021 0 0.65 1.30.325 mi 0 1 20.5 km 1:3 8,4 00 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.