Loading...
HomeMy WebLinkAbout9.a. Request by Susan Stein for a Minor Subdivision and Rezoning EXECUTIVE SUMMARY City Council Regular Meeting: May 18, 2021 AGENDA ITEM: Request by Susan Stein for a Minor Subdivision and Rezoning AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Resolution; Ordinance; Site Location; Site Aerial; Rezoning Exhibit; Existing Conditions; Plat; Grading and Drainage Plan; Engineer’s Memo Dated May 14, 2021 APPROVED BY: LJM RECOMMENDED ACTION: The Planning Commission and Staff recommend the City Council take the following actions: 1. Motion to adopt an ordinance rezoning the subject property from AG-Agricultural to RR-Rural Residential. 2. Motion to adopt a resolution approving a Minor Subdivision for Dancing Waters, subject to conditions. SUMMARY The City Council is being asked to consider a request by Susan Stein to subdivide an existing 18.37-acre parcel at 3820 120th Street West into three lots within a new subdivision; Dancing Waters. As part of the subdivision request, the applicant is seeking to rezone the property from its current designation of AG – Agriculture to RR – Rural Residential. The subdivision will create two new lots in addition to a lot that will incorporate the existing house on the property. One of the lots will be platted as an unbuildable outlot that shall be combined with an adjacent parcel located at 12282 Coffee Trail as a condition of approval. The Planning Commission and staff are recommending approval of both components of the request, subject to conditions. Property Owner/Applicant: Susan Stein Location: 3820 120th Street West Site Area in Acres: 18.37 Acres Comprehensive Plan Designation RR – Rural Residential Current Zoning: AG-Agriculture Proposed Zoning: RR – Rural Residential PLANNING COMMISSION ACTION The Planning Commission held a public hearing at its regular meeting on April 27, 2021. The Commission asked if the structures shown on the new buildable lot are in their actual locations. The final location of the new home will be reviewed for compliance with the City Code as part of the building permit process. The commission also asked about flooding concerns in the area and if the outlot was being created to add density. Because the outlot is being sold to an adjacent parcel, its inclusion in the plat has no effect on the density of the proposed minor subdivision. Additionally, staff is unaware of any flooding issues in that part of the city, although stormwater management is something that is continually 2 reviewed in low-lying areas. The applicant also addressed the question about flooding, and she indicated that there have been no flooding issues because of the slope of the land. BACKGROUND The subject property is located in the extreme northwestern portion of Rosemount roughly 1.3 miles west of South Robert Trail along 120th Street. Rosemount’s boundary with the City of Eagan follows 120th Street, with Lebanon Hills Regional Park located directly to the north. All of the surrounding property is rural residential in nature, with a mixture of lots ranging in size from 2.5 to 14 acres. The applicant’s parcel is one of several lots in this part of the City zoned AG – Agriculture on the City’s zoning map although none meet the minimum density of one house per 40 acres required by ordinance. The entire area is guided for Rural Residential development, which supports an overall density of one house per five acres (and is consistent with the density of past developments in this part of the City). The area to be subdivided includes one parcel that is 18.37 acres in size with 606 feet of frontage along 120th Street. Prior to 2003, the site was part of a larger grouping of four parcels owned by the estate of Elizabeth Stein. In 2003, the City approved a consolidation of parcels that resulted in the creation of the subject property as well as the neighboring parcel to the west that was subdivided in 2019. The house currently located on the property was constructed in 1963 and is situated roughly 450 feet south of 120th Street and is not visible from the road. This request is similar to one reviewed by the Planning Commission in 2019 in which the land immediately west of the subject parcel was rezoned from AG to RR and platted as a three-lot subdivision called Deer Haven. There are two key differences between the request currently before the commission and the Deer Haven plat approval. The first is that only one new buildable lot will be created. The applicant is requesting an outlot be created from the southern portion of the subject parcel that, due to its outlot status, will not be buildable and will be combined with a parcel to the south and slightly west. The second key difference is that the new buildable lot in the northwest portion of the site will be accessed via its own driveway. A shared driveway is not being proposed as it was in the Deer Haven plat. One of the more unique aspects of this particular part of Rosemount is an abundance of lakes, wetlands, and other water features. Four wetlands have been identified on the property of varying types, three of which are open bodies of water that extend into neighboring parcels east and west of the site. Because there are wetlands on the site, the applicant is required to submit a wetland delineation report identifying individual wetlands, and any plat documents must include the boundaries of all verified wetlands. This report has been submitted and has been reviewed by the local Technical Evaluation Panel (TEP). The proposed subdivision will create three lots from the larger 18.37 parcel. The largest parcel of 11.86 acres will contain the existing home and access will come from the existing gravel driveway. The smallest lot, at 2.53 acres, will be a buildable lot located in the northwest corner, and it will have 256 feet of frontage along 120th Street. Access will be provided by a new private driveway. The third parcel is a 3.52- acre outlot that will be landlocked and shall be combined with an existing parcel on Coffee Trail. The proposed plat meets the requirements of the zoning ordinance as it relates to density and lot standards, subject to the combination of the outlot with an existing lot. Plans submitted by the applicant depict the existing conditions on the site, the proposed lot lines and plat boundaries, and a general location for building sites on the two vacant parcels. Prior to building on the new parcel, the applicant will need to secure a building permit, at which time the City would review site grading and tree removal plans. The applicant has conducted a perc test to get soil data for the siting of the septic system on the new parcel. ISSUE ANALYSIS 3 Rezoning The applicant has requested a zoning map amendment to change the zoning of the property from AG – Agricultural to RR – Rural Residential. The proposed rezoning is consistent with the City’s future land use map which guides the northwestern portion of Rosemount for rural residential land uses. Now that the 2040 Comprehensive Plan has been adopted by the City and approved by the Metropolitan Council, the City will be updating the zoning map to bring it into conformance with the updated plan. As part of this review, staff is proposing to examine existing parcels zoned AG that are under 20 acres in size to determine if they should also be rezoned to rural residential to be consistent with the Comprehensive Plan. Minor Subdivision The applicant is proposing a minor 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. While the proposed plat does create one new buildable parcel, the resulting rural lots will not be served by any new public improvements (roads or public sewer and water); therefore, many of the City’s standard plat application materials are not necessary for this subdivision. The proposed lots to be created will be 2.53, 3.52, and 11.86 acres in size, one of which will be platted as an outlot and shall be combined with an adjacent parcel. In the future, any site improvements and permits for home construction on the new buildable lot will need to comply with the City’s zoning regulations. Wetlands/Conservation Easements The most significant issue associated with the proposed plat is the location of several wetlands on the property. The applicant has completed a wetland delineation report for the property as required by the City and State, and all identified wetlands have been documented on the proposed subdivision. The attached existing conditions exhibit, plat, and grading and drainage plan depict the wetlands as identified by delineation report. Under its wetland management plan, the City requires easements over each wetland in addition to buffer areas around each wetland. Furthermore, each wetland is also classified for management and protection based on the initial evaluation conducted by the City and verified prior to development. For the subject property, the following classifications and associated buffers will apply based on the delineation report (theses are also mapped on the submitted plat documents): Wetland # Classification Buffer 1 Manage 1 50 ft. 2 Manage 1 50 ft. Pond Manage 1 50 ft. Unnamed Manage 2 30 ft. The City requires that all wetlands and buffer areas be covered by a drainage and utility easement on a plat, and the City will also require a separate conservation easement over these areas as well. The attached plat and site plans depict the boundaries of the wetlands as described in the delineation report along with drainage and utility easements up to the required buffer line. The City does allow for buffer averaging around individual wetlands in instances where is not possible or feasible to maintain a uniform buffer distance around the entire wetland. Because the existing driveway extends through two of the required buffers, the applicant is proposing to move this buffer elsewhere on the property to maintain an average around the affected wetlands. Also, the building pad for the proposed house on the new buildable lot encroaches into the required 30’ structural setback from the wetland buffer area and additional land for 4 mitigation is provided elsewhere around that wetland. The impacted and mitigated buffer areas are shown as the cross-hatched areas on the site plan. Lot Standards The site is proposed to be rezoned to the RR – Rural Residential zoning district, which allows lots with a minimum size of 2.5 acres if platted, and a maximum overall density of one house per five acres. All three lots will meet this minimum lot size standard, and the overall proposed density of two houses on 18.37 acres (one house per 9.185 acres) will meet the density standard. The lot areas listed below are exclusive of the 33’ of right of way dedicated on the plat. While a general concept plan for the location of new house has been provided, the City will be able to determine compliance with all other setback and dimensional standards at the time a building permit is submitted for that lot. The noted building pad location does not appear to conflict with any required setbacks. Lot Standards Lot Area Lot Width Maximum Density RR – Rural Residential 2.5 Acres 200 feet 1 unit/5 Acres Current Proposed Lot Area Lot Width Lot Area Lot Width Lot 1, Block 1 18.37 acres 606.97 11.86 350.99 Lot 2, Block 1 2.53 acres 255.98 Outlot A 3.52 acres n/a Grading, Storm Water Management, and Tree Preservation With only one new buildable, rural lot within the proposed subdivision, and no public road construction, the City has not required an overall grading, erosion control, or storm water management plan for the project. Instead, the building permit for the new buildable lot much be accompanied by a custom lot grading plan that demonstrates compliance with the City’s grading and erosion control standards. Likewise, the City has not required an overall tree protection and replacement plan and will instead evaluate tree impacts with the specific grading plan for the new buildable lot. The City does allow for tree removal of up to 25% of the trees on a development site without a requirement for replacement, and given the large size of the property, the applicant will not come close to exceeding this number. In order to preserve the rural character of the area, removal of tress on the new building sites should be kept to the minimum necessary to construct the house and driveway. Development Fees Although many of the City’s standard development fees will not apply to the proposed subdivision because it will not be served by public water and sewer service, there are two development fees that will apply as follows: • Fee in Lieu of Park Land Dedication - $3,400 for the one new buildable lot that will be paid during the building permit process. • Surface Water Trunk Area Assessment for the Lebanon Hills Subwatershed Area - $3,772 per acre. Please note that the City has applied the storm water fee to the developed portion of the subdivision and excluded areas that could potentially be developed in the future, which is similar to the calculation used for the adjacent Deer Haven plat. In that case, stormwater trunk area charges for 6.5 acres were deferred until the southern portion of that plat develops. In this case a similar treatment results in a deferral of trunk charges for 5.5 acres that will be collected upon further subdivision of the parcel. It should be noted that further subdivision would require changes to the maximum density and minimum lot area standards in the Rural Residential zoning district. The total stormwater fee to be collected for this subdivision is $11,655. 5 This calculation excludes wetlands and buffer areas as those are undevelopable. RECOMMENDATION Staff and the Planning Commission recommend approval of a Rezoning, and Minor Subdivision request for the Dancing Waters plat with conditions. This recommendation for approval is based on the information provided by the applicant and reviewed within this report. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021- 39 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR DANCING WATERS WHEREAS, the Planning Department received an application for approval of a Minor Subdivision for Dancing Waters located at 3820 120th Street West, legally described as follows: All that part of the West Half of Government Lot One (1) in Section Seven (7) and of the West Half of the Northeast Quarter in Section Eighteen (18), all in Township One hundred fifteen (115) North, Range Nineteen (19) West, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said West Half of Government Lot 1 and running thence west along the north line thereof a distance of 1068.28; thence south and parallel to the west line of said Government Lot 1 and said Northeast Quarter a distance of 296.48 feet; thence westerly parallel with the north line of said West Half of the Northeast Quarter a distance of 242.07 feet to the west line of said West half of said Northeast Quarter, thence southerly along said west line 830.60 feet; thence easterly parallel with the north line of said West Half of the Northeast Quarter a distance of 388.70 feet; thence South 71 degrees 06 minutes 39 second East 960.35 feet to a point on the east line of said West half of the Northeast Quarter 1437.58 feet south of the point of the beginning; thence north on said east line to a point of beginning and there terminating, all according to the Government Survey thereof. EXCEPT that part described as follows: Commencing at the northeast corner of said West half of Government Lot 1 and running thence west along the north line thereof a distance of 618.28 feet to the point of beginning of the land to be described; thence continuing west along said north line 450.00 feet; thence south and parallel to the west line of said Government Lot 1 and said Northeast Quarter a distance of 296.48 feet; thence westerly parallel with the north line of said West half of the Northeast Quarter a distance of 242.07 feet to the west line of said West half of said Northeast Quarter; thence southerly along said west line 830.60 feet; thence easterly parallel with the north line of said West half of the Northeast Quarter 388.70 feet; thence southeasterly 321.43 feet along a line whose terminus is a point on the east line of said West half of the northeast corner of said West half of Government Lot 1; thence north 1228.47 feet to the point of beginning. Together with an easement for ingress and egress over the south 60 feet of said exception. Said 60 feet being measured at right angles to said south line of the exception. WHEREAS, the City of Rosemount published notice in the official newspaper concerning the application on April 16, 2021, and mailed notices to property owners within 500 feet of the subject property on April 16, 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 April 27, 2021; and, WHEREAS, the Planning Commission reviewed the application on April 27, 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 April 27, 2021. NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does hereby approve the Dancing Waters Minor Subdivision subject to the following conditions: 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. 2)The City will require a custom grading plan prior to the construction of a home on Lot 2 along with a plan documenting any significant trees to be removed for said homes. The removal of trees shall be minimized around each new building site. 3)A fee in lieu of park land dedication of $3,400 for Lot 2 shall be paid prior to the issuance of a building permit. 4)The final plat and associated wetlands and wetland buffers shall comply with the Minnesota Wetland Conservation Act Notice of Decision for the property. 5)The applicant shall pay the required storm water trunk area assessment of $3,772 per acre prior to recording the final plat. This assessment shall be based on a developable area of 3.09 acres (this calculation includes exclusions for wetlands and ponding areas per the City’s fee schedule). The remaining fee for the property shall be collected if the southern 5.5 developable acres is ever further subdivided in the future. 6)Lot 2 must accommodate a sewage treatment system meeting all City requirements and designed by a licensed septic designer. 7)Incorporation of recommendations from the City Engineer in a review memorandum dated April 20, 2021 relative to drainage, grading, easements, utilities, storm water management, and other subjects covered in the review. 8)Outlot A is not a buildable lot, and it shall be combined with the adjacent parcel located at 12282 Coffee Trail. ADOPTED this 18th day of May 2021 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk City of Rosemount Ordinance No. B-278 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Dancing Waters THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended to rezone property from AG – Agricultural to RR – Rural Residential that is located south of 120th Street West and approximately one mile west of Dodd Road within the City of Rosemount commonly known as 3820 120th Street West and legally described as follows: All that part of the West Half of Government Lot One (1) in Section Seven (7) and of the West Half of the Northeast Quarter in Section Eighteen (18), all in Township One hundred fifteen (115) North, Range Nineteen (19) West, Dakota County, Minnesota described as follows: Beginning at the northeast corner of said West Half of Government Lot 1 and running thence west along the north line thereof a distance of 1068.28; thence south and parallel to the west line of said Government Lot 1 and said Northeast Quarter a distance of 296.48 feet; thence westerly parallel with the north line of said West Half of the Northeast Quarter a distance of 242.07 feet to the west line of said West half of said Northeast Quarter, thence southerly along said west line 830.60 feet; thence easterly parallel with the north line of said West Half of the Northeast Quarter a distance of 388.70 feet; thence South 71 degrees 06 minutes 39 second East 960.35 feet to a point on the east line of said West half of the Northeast Quarter 1437.58 feet south of the point of the beginning; thence north on said east line to a point of beginning and there terminating, all according to the Government Survey thereof. EXCEPT that part described as follows: Commencing at the northeast corner of said West half of Government Lot 1 and running thence west along the north line thereof a distance of 618.28 feet to the point of beginning of the land to be described; thence continuing west along said north line 450.00 feet; thence south and parallel to the west line of said Government Lot 1 and said Northeast Quarter a distance of 296.48 feet; thence westerly parallel with the north line of said West half of the Northeast Quarter a distance of 242.07 feet to the west line of said West half of said Northeast Quarter; thence southerly along said west line 830.60 feet; thence easterly parallel with the north line of said West half of the Northeast Quarter388.70 feet; thence southeasterly 321.43 feet along a line whose terminus is a point on the east line of said West half of the northeast corner of said West half of Government Lot 1; thence north 1228.47 feet to the point of beginning. Together with an easement for ingress and egress over the south 60 feet of said exception. Said 60 feet being measured at right angles to said south line of the exception. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 18th day of May 2021. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk ROSEMOUNT MINNESOTA 4/22/2021 T:\Project\CommDev\Zoning\ZoningAmendments\ZoningAmendments.aprx I:\GIS\Map_Library\CommDev\Zoning\Amendments Proposed Zoning Amendment Dakota County, Maxar Dakota County, Maxar, Microsoft Residential: RR - Rural Residential Other: AG - Agricultural Existing Proposed G:\ENGPROJ\.Plan Reviews - Miscellaneous\Dancing Waters\20210514 - Dancing Waters Pre & Final Plat Memo.docx Memorandum To: Kyle Klatt, Planner CC: Stacy Bodsberg, Planning & Personnel Secretary Tim Hanson PE, WSB Engineering Consultant From: Brian Erickson, Director of Public Works/City Engineer Date: May 14, 2021 Re: Dancing Waters Preliminary Plat Review Final Plat Review Grading and Drainage Plan Review WSB File No 017022-000 SUBMITTAL: This is an update to the original Engineering review memo from Tim Hanson, WSB Engineering Consultant dated April 20, 2021. The Preliminary Plat, Final Plat and Grading and Drainage plans for Dancing Waters Addition have been submitted. They were prepared by Lake and Land Surveying, Inc. of Mendota Heights for Ms. Sue Stein, the landowner of the parcel to be subdivided. Engineering review comments were generated from the following plat documents dated 03-19-2021, consisting of: Preliminary Plat – Existing conditions Final Plat Grading & Drainage Plan GENERAL COMMENTS – FINAL PLAT: The Dancing Waters plat is located on the south side of 120th Avenue about 1.25 miles west of TH 3 and .25 miles east of the end of the road. The parcel is located in a rural residential area that does not have public utilities. The parent parcel has an existing house and outbuildings located in the central area of the parcel. The parcel contains a portion of two wetlands and has a third wetland that is located entirely within the parcel. The proposed plat creates a residential lot in the northwest corner of the parent parcel and an Outlot on the southern end. 1.The development Fees are indicated below based on the 2021 Schedule of Rates and Fees. These fees are due with the final plat and subdivision agreement. Sanitary Sewer Trunk Charge: Not Applicable Watermain Trunk Charge: Not Applicable Storm Sewer Trunk Charge: $3,772/ net developable acre. Trunk charge for Outlot A and a portion of Lot 1, Block 1 will be assessed upon possible future development. Deferred acreage to be established based on the adjacent Deer Haven plat. 2.An easement over the storm sewer pipe located between the two wetlands is recommended. Kyle Klatt 5/2021 Page 2 G:\ENGPROJ\.Plan Reviews - Miscellaneous\Dancing Waters\20210514 - Dancing Waters Pre & Final Plat Memo.docx GRADING AND EROSION CONTOL Proposed grading is very limited consisting of a house pad site on the proposed lot and its driveway. The house pad area identifies grading 6 feet off the top of a slope to create a walkout lot and shaping a driveway along the east side of the lot. The proposed driveway is fairly steep with grades that appear to be in excess of 10 percent. The proposed house grading impacts the top of a slope which is within the buffer area of the adjacent wetland. The plans identify mitigation locations for these wetland buffer impacts. Wetland buffer area and buffer mitigation areas are located within drainage and utility easements on the final plat. 1.The proposed grading plan mis-identifies contours for the driveway. 2.The existing culvert between the wetland to the west and the wetland to the east must be reconstructed utilizing Reinforced Concrete Pipe and placed within a drainage and utility easement. 3.A low point exists in the northwest corner of 2, the proposed lot, which does not have an outlet. This low point will receive runoff from ½ of the proposed house, the proposed driveway and 120th Street. Positive drainage needs to be provided for this area. 4. The grading plan does not identify a driveway culvert under the proposed driveway or the existing driveway. Culverts will be required for both driveways. The driveway culvert for Lot 2, Block 1 will be required as part of construction of the new home. The culvert for Lot 1, Block 1 will be installed as part of future stormwater management improvements along 120th Street West. These culverts can be part of an outlet for the low area to the west. 5.Show the easement lines from the final plat on the grading and drainage plan. ACCESS AND EGRESS Access and Egress from the existing and proposed lot is identified to be by private driveways to each lot. The driveways extend onto 120th Street. There should be good sight lines and distances onto 120th Street at the driveway locations. The existing driveway has an aggregate surface. SANITARY SEWER AND WATERMAIN Public sanitary sewer is not available to this area, requiring private sanitary sewer septic systems. The grading plan identifies a primary and secondary septic field for the proposed lot. The identified well location is within 100 feet of the proposed septic system drain field. The drain field location may need to be modified if a shallow well is constructed. The septic system for the existing house should be shown on the plan. 1.The existing septic system must be reviewed and brought into compliance if it is determined to be out of compliance. The sanitary sewer septic systems will be reviewed by City Building Department Staff. Public water service is not available to this area. A private well is required to provide water to the proposed lot. The proposed well location for lot 2 is identified on the grading plan, as noted Kyle Klatt 5/2021 Page 3 G:\ENGPROJ\.Plan Reviews - Miscellaneous\Dancing Waters\20210514 - Dancing Waters Pre & Final Plat Memo.docx above, depending on the depth of the well, its location maybe too close to the easterly end of the sanitary sewer drain field location. 1. The existing well to the existing house must be shown on the grading plan. SURFACE WATER MANAGEMENT The plans for Dancing Waters has been reviewed for surface water management, erosion and sediment control and for storm sewer pipe sizing. This review is attached. 1.Plat approval is subject to the comments of the Surface Water Management Review 2.Replacement of existing PVC culvert under the driveway is recommended; however, City of Rosemount will perform this replacement. An easement should be provided over this connection.