HomeMy WebLinkAbout6.o. Request by Eric Ruud for a Minor Subdivision of a Parcel Located at 4357 160th Street East to Create a New Buildable Lot
EXECUTIVE SUMMARY
City Council Regular 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:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 6.o.
ATTACHMENTS: Resolution, Site Location Map, McClung
Acres Plat, Restrictive Covenant, Plat
Commission Review Comments, Street
View of Property, Planning Commission
Meeting Minutes (Excerpt)
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to adopt a resolution approving the Minor Subdivision
for McClung Acres, subject to conditions.
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 City Council 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 a 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.
PLANNING COMMISSION REPORT
The Planning Commission reviewed the request for a Minor Subdivision on February 23, 2012 and
conducted a public hearing concerning the application at this meeting. In response to a question from the
Commission, staff stated that any homes on the smaller parcels would be required to connect to City
services once utilities are extended to the site. From the public, the Planning Commission received
questions about the name of the plat, access to the farm land, and potential driveway locations. Staff
responded to the questions by noting that all plats must have a name. The applicant explained that the
larger acreage will be leased to someone that is farming the adjacent parcels, and they will access the
property through these parcels and not 160th Street. He noted that there are no immediate plans to build
on the smaller parcel, and that any future driveway would be located on the western part of the site. Staff
also noted that there is some right-of-way that could be vacated within the old County Highway right-of-
way. It was further noted that the name of the plat comes from relatives of the original farm owners.
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The Planning Commission adopted a motion to unanimously recommend approval of the Minor
Subdivision with the conditions as recommended by staff (6 ayes, 0 nays).
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
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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.
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 and the Planning
Commission are recommending approval of the minor subdivision for McClung Acres subject to the
conditions listed in the resolution of approval.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-
A RESOLUTION APPROVING
A MINOR SUBDIVISION FOR MCCLUNG ACRES
WHEREAS, the Planning Department received an application for approval of a Minor Subdivision
for McClung Acres located at 4357 160th Street East, legally described as follows:
The East Half of the Southeast Quarter of Section 31, Township 115 North, Range 18 West,
Dakota County, Minnesota.
WHEREAS, the City of Rosemount published notice in the official newspaper concerning the
application on February 12, 2021, and mailed notices to property owners within 1,320 feet of the
subject property on February 11, 2021; and
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 Minor
Subdivision on February 23, 2021; and,
WHEREAS, the Planning Commission reviewed the application on February 23, 2021 and found it
consistent with the criteria for Minor Subdivision review outlined in the Subdivision Ordinance; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
application for a Minor Subdivision on February 23, 2021.
NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does
hereby approve the McClung Acres Minor Subdivision 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.
ADOPTED this 16th day of March 2021 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
Dakota County, MN
Property Information
February 8, 2021
0 0.65 1.30.325 mi
0 1 20.5 km
1:38,400
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.
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us
February 22, 2021
City of Rosemount
2875 – 145th St. West
Rosemount, MN 55068-4997
Re: MCCLUNG ACRES
The Dakota County Plat Commission met on February 17, 2021, to consider the preliminary plat of the
above referenced plat. The plat is adjacent to CSAH 48 (160th St. W.) and is therefore subject to the
Dakota County Contiguous Plat Ordinance.
This proposed plat includes three lots, one existing building site, one new building site, and the
remainder of the property. The right of way includes 50 feet of existing half right of way. No additional
right-of-way is required along CSAH 48. As discussed, this portion of CSAH 48 is planned for future
turnback. As noted, the existing prescriptive right of way along CSAH 48 known as Parcel 5A, Dakota
County Road Right of Way Map No. 246 should be released/vacated. Also, a quit claim deed to Dakota
County for restricted access will not be required with this proposed plat.
The Plat Commission has approved the preliminary and final plat, provided that the described conditions
are met, and will recommend approval to the County Board of Commissioners on March 9, 2021.
Traffic volumes on CSAH 48 are 7,400 ADT and are anticipated to be 13,000 ADT by the year 2030.
These traffic volumes indicate that current Minnesota noise standards for residential units could be
exceeded for the proposed plat. Residential developments along County highways commonly result in
noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent
residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should
be incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the
permitting process which reviews the design and may require construction of highway improvements,
including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths,
medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or
Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c:
PLANNING COMMISSION REGULAR MEETING MINUTES
February 23, 2021
PAGE 3
5.b. Request by Valley Natural Foods for a Conditional Use Permit to establish a Commercial Bakery. (21-02-CUP)
Economic Development Coordinator Van Oss gave a summary of the staff report for the Planning Commission.
Chair Kenninger inquired if the commercial bakery will have any sales for the residents. Van Oss stated that they have a
retail establishment at their co-op in Burnsville.
Commissioner Reed inquired about the disposal of food products in the business park area. Van Oss stated that the City
did not have any concerns.
The public hearing opened at 7:21 pm.
Public Comments:
Ralph Hale, 3410 125th Street, Burnsville, Manager at Valley Natural Foods. Kenninger inquired about the waste of
foods. Mr. Hale stated that most of their trash is cardboard and wrappers. They have minimal food waste. The oils are
barreled up and taken away by a company that they pay for. He did mention that on occasion there is some sales that
occur at the premises for the public.
MOTION by Kenninger to close the public hearing.
Second by Marlow.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 7:26 pm.
Additional Comments:
Chair Kenninger stated that this is a very nice addition to our community.
MOTION by Freeman to recommend the City Council approve a Conditional Use Permit for a Commercial
Bakery in the BP Business Park District at 2500 158th Circle West.
Second by Marlow.
Ayes: 6. Nays: 0. Motion Passes.
5.c. Request by Eric Ruud for a Minor Subdivision of a Parcel Located at 4357 160th Street East to Create a New
Buildable Lot. (21-05-SMP)
Senior Planner Klatt gave a summary of the staff report for the Planning Commission.
Commissioner Schmisek inquired if there is a requirement once services are provided would the homes need to connect.
Klatt stated that they would be required to hook up once the services are provided.
The public hearing opened at 7:40 pm.
Public Comments:
Greg Shuck, 4231 160th Street East, inquired what the relationship is with Eric Ruud and McClung Acres. Klatt stated
that Eric Ruud is the property owner and McClung Acres is the name of the subdivision. All plats in the County have to
have a name.
Wendy Rueger, 16240 Fischer Ave, Hastings, stated that she owns the farm to the south of Mr. Ruud’s property. Ms.
Rueger stated that there is a triangle of land that is owned by the County and that they own the strip of land to the north
of that land. It is apart of their larger farming parcel. She requested to please take that into consideration when talking
about the driveway locations. Klatt indicated that it was discussed that the triangle piece isn’t needed anymore by the
County and that it could be returned to the previous owners.
PLANNING COMMISSION REGULAR MEETING MINUTES
February 23, 2021
PAGE 4
Steve Kahl, 4171 160th Street East, stated that the original farm was owned by the Miller family and Raymond McClung
married one of their daughters. That is where the name of the plat came from.
Eric Ruud, 2088 270th Street West, Randolph, stated that the access for the larger parcel will be farmed by the person
that farms the land surrounding that parcel. He will access the parcel from the land around it.
MOTION by Kenninger to close the public hearing.
Second by Rivera.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 7:55 pm.
Additional Comments: None.
MOTION by Schmisek 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.
Second by Marlow
Ayes: 6. Nays: 0. Motion Passes.
5.d. Request by Furlong Excavating for renewal of its Small Scale Mineral Extraction Permit for 2021. (21-03-ME)
Planner Nemcek gave a summary of the staff report for the Planning Commission. It was noted that the applicant was
in attendance if there are any questions.
The public hearing opened at 8:03 pm.
Public Comments: None.
MOTION by Kenninger to close the public hearing.
Second by Reed.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 8:04 pm.
Additional Comments:
Commissioner Reed mentioned that his children ride the school bus that stops along Fischer Avenue, and he was
unaware of any issues.
MOTION by Schmisek to recommend the City Council approve the Furlong Excavating Small Scale Mineral
Extraction Permit for 2021, subject to the terms and conditions in the attached 2021 Draft Conditions for
Mineral Extraction.
Second by Kenninger.
Ayes: 6. Nays: 0. Motion Passes.
Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the
meeting at 8:14 pm.
Respectfully submitted,
Stacy Bodsberg, Recording Specialist