HomeMy WebLinkAbout6.k. Request by George & Laura Bruestle for a Minor Subdivision to create a new 8.96-acre buildable lot from an existing 11.59-acre parcel
EXECUTIVE SUMMARY
City Council Regular Meeting: March 15, 2022
AGENDA ITEM: Request by George and Laura Bruestle
for a Minor Subdivision to create a new AGENDA SECTION:
8.96-acre buildable lot from an existing Consent
11.59-acre parcel
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.k.
ATTACHMENTS: Resolution; Excerpt from the February
22, 2022 Planning Commission Meeting
Minutes; Site Location; Site Aerial; APPROVED BY: LJM
Preliminary and Final Plats; Conservation
Easement Exhibit
RECOMMENDED ACTION:
Motion to adopt a resolution approving the Minor Subdivision of the property located at
12275 Cobblestone Lane, subject to conditions.
SUMMARY
The City Council is being asked to consider a request by George and Laura Bruestle to subdivide an
existing 11.59-acre parcel at 12275 Cobblestone Lane into two lots. One of the two lots created will
encompass the existing home, while the other will be a lot on which the applicants intend to construct a
new home. Additionally, because the new buildable lot will be north of the existing home, and a public
road hasn’t been extended that far north, the Planning Commission approved a variance to allow the lot to
be considered buildable even though it does not contain frontage along a public street. The proposed lot
will be accessed via a private driveway over land currently owned by the applicant. An access easement
will need to be dedicated granting access to the newly created parcel, which is a private easement
agreement between the two parcels. The Planning Commission and staff are recommending approval of
the subdivision, subject to the conditions listed in the attached resolution.
Property Owners/Applicants: George and Laura Bruestle
Location: 12275 Cobblestone Lane
Site Area in Acres: 11.59 Acres
Comprehensive Plan Designation RR – Rural Residential
Zoning: RR – Rural Residential
PLANNING COMMISSION ACTION
The Planning Commission reviewed the request along with a request for a variance to create a buildable lot
without frontage on a public street. A public hearing was held during the February 22, 2022 Planning
Commission meeting and no public comments were received in relation to either request. Planning
Commission voted unanimously to recommend the City Council approve the request for a minor
subdivision.
BACKGROUND
The subject property is located in the northwest portion of the City north of McAndrews Road and just
under a mile west of South Robert Trail. The properties in this area are rural residential in nature, with a
mixture of lots ranging in size from 2.5 to 14 acres. The southern portion of the existing parcel was
originally a smaller lot within the Chelsea Woods Estates plat, but it was combined with the land in the
northern portion of the subject parcel in 1996. At that time staff and the Planning Commission’s
recommendation included a condition that right of way be dedicated over the eastern 60 feet of the
resulting parcel for a future extension of Cobblestone Lane. The City Council voted to adopt a resolution
that changed the condition from requiring dedication of right of way to platting that area as an outlot for
future acquisition with subsequent subdivision of the land. Due to the number of recent subdivisions of
larger parcels in this portion of the City staff is recommending that right of way be dedicated over Outlot
A, Hanson Addition with this request.
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, one of
which is partially an open body of water that extends into neighboring parcels north 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 divide the 11.59-acre parcel into two buildable lots. The largest parcel of
8.96 acres will contain a newly constructed home and access will come from an existing shared driveway
that extends north of the temporary cul-de-sac at the end of Cobblestone Lane. This parcel will have 580
feet of frontage along the outlot over which staff is recommending right of way be platted as a condition
of approval. The smaller lot, at 2.63 acres, is the site of the existing home and follows the boundaries of
the original parcel when it was incorporated into the Chelsea Woods Estates plat, and it will have 565 feet
of frontage along Cobblestone Lane. The proposed plat meets the requirements of the zoning ordinance
as it relates to density and lot standards except for the fact that a public street is not provided beyond the
temporary cul-de-sac at the northern terminus of Cobblestone Lane, which necessitates the approval of a
variance for the new buildable lot. Without the variance, the applicant would have to construct an
extension of Cobblestone Lane, built to City specifications, to provide access to the newly created lots.
The applicant had initially wanted to include a third buildable lot, but the subject parcel is not large enough
to accommodate three dwelling units within the maximum density of the Rural Residential zoning district.
Because the new buildable lot may at some point be further subdivided and combined with land to the
north of the site, the acreage of the applicants’ originally-proposed third parcel will be used to calculate a
deferral of the stormwater trunk charges, similar to how the City has treated other recent minor
subdivisions in the vicinity, namely Deer Haven and Dancing Waters.
ISSUE ANALYSIS
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 8.96 and 2.63 acres in size. 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.
2
Wetlands/Conservation Easements
A 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 plats
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. Staff has included a condition in the recommended action that the plat be
updated so the drainage and utility easements encompass the entirety of the averaged buffer area.
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
46 Preserve 75 ft.
97 Preserve 75 ft.
603 Manage 2 30 ft.
604 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. The attached plat and site
plan 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 proposed 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. The impacted and mitigated buffer areas are denoted on the preliminary plat.
Lot Standards
The site is zoned 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. The two proposed lots will
meet this minimum lot size standard, and the overall proposed density of two houses on 11.59 acres (one
house per 5.795 acres) will meet the density standard. 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, although if the applicant plans on
construction a deck between the new home and the wetland, the home will need to move away from the
wetland buffer to allow for a 30’ setback between the deck and the buffer.
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 2.63 acres 565 feet
11.59 acres 565 feet
Lot 2, Block 1 8.96 acres 580 feet*
*This measurement is of the frontage along an outlot extending north from Cobblestone Lane for which a variance is being requested.
3
Grading, Storm Water Management, and Tree Preservation
With only one new buildable, rural lot within the proposed subdivision, and no public road construction at
this time, 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 must 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 trees 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 per each new buildable lot.
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 any subdivision and
excluded potential new future development areas from the calculation. If the northern portion of the new
buildable lot is subdivided and combined with additional land to meet the density requirements, that
acreage will be calculated into the stormwater fee due at that time. Additionally, this calculation excludes
wetlands and buffer areas as those are undevelopable.
CONCLUSION & RECOMMENDATION
Based on the information provided by the applicant and reviewed in this report, the Planning Commission
and staff are recommending approval of the minor subdivision request.
4
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-31
A RESOLUTION APPROVING
A MINOR SUBDIVISION FOR HANSON SECOND ADDITION
WHEREAS, the Planning Department received an application for approval of a Minor Subdivision for
Hanson Second Addition located at 12275 Cobblestone Lane, legally described as follows:
Lot 1, Block 1, Hanson Addition, Dakota County, Minnesota
WHEREAS, the City of Rosemount published notice in the official newspaper concerning the application
on February 11, 2022, and mailed notices to property owners within 500 feet of the subject property on
February 11, 2022; 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 22, 2022; and,
WHEREAS, the Planning Commission reviewed the application on February 22, 2022, 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 22, 2022.
NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does hereby approve
the Hanson Second Addition Minor Subdivision subject to the following conditions:
a.Recording of a conservation easement benefitting the City over all wetland buffers within the plat
area.
b. Drainage and utility easements shall be updated on the final plat to encompass all of the averaged
buffer area.
c.Dedication of Right of Way over all of Outlot A, Hanson Addition.
d.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 for that parcel.
e.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 developable area of Lot 2 (with further
exclusions for wetlands and ponding areas per the City’s fee schedule).
ADOPTED this 15th day of March 2022 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
__________________________________
Jessie Paque, Deputy City Clerk
EXCERPT FROM THE FEBRUARY 22, 2022 PLANNING COMMISSION MEETING MINUTES
Public Hearing:
5.a. Request by George and Laura Bruestle for a Minor Subdivision to create a new 8.96-acre buildable lot, and a
request for a Variance from the requirement that buildable lots must contain frontage along a public street (22-06-MS &
22-08-V).
Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission.
The public hearing opened at 6:49 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 6:50 pm.
Additional Comments: None.
MOTION by Reed for the Board of Appeals and Adjustments to Adopt a Resolution Approving a Variance from
Section 11-2-2 to consider a lot of record buildable without frontage along a public street.
Second by Hebert.
Ayes: 6. Nays: 0. Motion Passes.
MOTION by Hebert to Recommend the City Council Approve a Minor Subdivision to create a new 8.96-acre buildable
lot from an existing 11.50-acre parcel located at 12275 Cobblestone Lane, subject to the following:
a. Recording of a conservation easement benefitting the City over all wetland buffers within the plat area.
b. Drainage and utility easements shall be updated on the final plat to encompass all of the averaged buffer area.
c. Dedication of Right-of-Way over all of Outlot A, Hanson Addition.
d. 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
for that parcel.
e. 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 developable area of Lot 2 (with further exclusions for wetlands
and ponding areas per the City’s fee schedule).
Second by Rivera.
Ayes: 6. Nays: 0. Motion Passes.
Dakota County, MN
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.
Map Scale
1 inch = 600 feet
2/10/2022
115.74
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10PATIOCONCRETE DRIVECONCRETE DRIVE20PROPOSED TEMPORARY 20 FOOTWIDE DRIVEWAY EASEMENTC
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235.00 N31°22'42"E76.38S89°43'37"W180.00SURVEY LINEZONING: RR- RURAL RESIDENTIALMINIMUM LOT AREA: 2.5 ACRESMINIMUM LOT WIDTH: 200'SETBACKS:MIN. FRONT YARD: 40'MIN. SIDE YARD: 30'MIN. REAR YARD: 30'WETLANDS ON PROPERTY:NUMBER - MANAGEMENT CLASSIFICATION- BUFFER46 - PRESERVE - 75', 30' MIN. WITH AVERAGING97 - PRESERVE - 75', 30' MIN. WITH AVERAGING603 - MANAGE 2 - 30', WITH 15' MINIMUM AVERAGING604 - MANAGE 2 - 30', WITH 15' MINIMUM AVERAGINGIN ADDITION TO THE BUFFERS, THE CITY REQUIRES A 30'STRUCTURE SETBACK FROM THE BUFFER TO ALLOW FORUSABLE YARD SPACE.30.0W
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SW CORNER OF THENE 1/4 OF THE NE 1/4WEST LINE OF THE NE 1/4 OF THE NE 1/4
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8 S31°00'35"E45.05S23°38'57"E33.14S46°16'24"E49.28932934936PROPOSED SEPTIC LOCATIONPROPOSEDALT. SEPTICLOCATIONSB1SP1SB3SB2DENOTES EXISTING CATCH BASINDENOTES EXISTING HYDRANTDENOTES EXISTING SANITARY MANHOLEDENOTES EXISTING STORM MANHOLEDENOTES EXISTING UTILITY BOXDENOTES EXISTING SERVICE OR CLEANOUTDENOTES IRON MONUMENT FOUNDDENOTES IRON MONUMENT SETDENOTES EXISTING POWER POLEDENOTES EXISTING LIGHT POLEDENOTES EXISTING CONSERVATION POSTOR WET LAND BUFFER POSTDENOTES EXISTING TREE8" TREE000.0DENOTES WOOD HUBDENOTES NAILDENOTES EXISTING RETAINING WALLDENOTES PROPOSED RETAINING WALLDENOTES EXISTING ELEVATIONDENOTES PROPOSED ELEVATIONDENOTES AS BUILT ELEVATION(000.0)000.0DENOTES EXISTING TREELINEDENOTES DIRECTION OF SURFACE DRAINAGEDENOTES EXISTING FENCELEGENDDENOTES EXISTING F.E.S.DENOTES WETLAND MIN. 30' BUFFERDENOTES MINIMUM WETLAND BUFFER WITH AVERAGINGWETLAND BUFFER AVERAGING CALCULATIONS FOR LOT 2:WETLAND 603 AREA : 1,145 SQ.FT.WETLAND 603 BUFFER AREA : 8,432 SQ.FT.(INCLUDES WETLAND AREA)WETLAND 603 BUFFER AREA : 8,676 SQ.FT.(INCLUDES WETLAND AREA)WETLAND 604 AREA : 1,432 SQ.FTWETLAND 604 BUFFER AREA : 8,879 SQ.FT(INCLUDES WETLAND AREA)WETLAND 604 BUFFER AVERAGED AREA : 9,816 SQ.FT(INCLUDES WETLAND AREA)WETLAND 97 AREA : 108,223 SQ.FTWETLAND 97 BUFFER ONLY AREA : 61,718 SQ.FTWETLAND 97 BUFFER ONLY AVERAGED AREA : 62,648 SQ.FTPRELIMINARY PLATLegal Description:1. No specific soils investigation has been performed on this lotby the surveyor. The suitability of the soils to support thespecific house is not the responsibility of the surveyor.2.No title information was provided for this survey. This surveydoes not purport to show all easements of record.3. See architectural plans for final building dimensions.REVISIONS:1/7/2022: UPDATED LAYOUT AND ADDED SEPTIC NOTE.1/24/2022: UPDATED SEPTIC LOCATIONS PER TESTING.HANSON SECOND ADDITIONNOTE:SEPTICS LOCATIONS WERE PROVIDED BY MIDWEST SEWER SERVICES DATED1/19/2022.
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376.00WEST LINE OF THE NE 1/4 OF THE NE 1/4OF SEC. 18, TWP. 115, RGE. 19SW CORNER OF THENE 1/4 OF THE NE 1/4OF SEC. 18-115-19.WEST LINE OF THE NE 1/4 OF THE NE 1/4SEC. 18, TWP. 115, RGE. 19120.00SURVEY LINEN6
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SIDE LOT LINES, RIGHT-OF-WAY LINES AND
REAR LOT LINES, UNLESS OTHERWISE
INDICATED.
DRAINAGE AND UTILITY EASEMENTS
DENOTES 1/2" IRON MONUMENT FOUND,
UNLESS OTHERWISE SHOWN.
DENOTES 1/2" BY 14" IRON MONUMENT
SET MARKED BY LICENSE NUMBER 19086,
UNLESS OTHERWISE SHOWN.
ARE SHOWN THUS
THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4 OF
SECTION 18 HAS AN ASSUMED BEARING OF S 89°43'37" W.
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7 S15°19'32"W172.38S31°00
'35
"E45.05S23°38'57"E33.14
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N1°31'23"E270.13S68°2
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SOUTHERLY LINE
OF LOT 2, BLOCK 1
NORTHERLY LINE
OF LOT 2, BLOCK 1
NORTHWEST CORNER
OF LOT 2, BLOCK 1
WESTERLY LINEOF LOT 2, BLOCK 1.DENOTES CONSERVATION EASEMENT
18
VICINITY MAP
SITE
CONSERVATION EASEMENT DESCRIPTION
(LOT 2, BLOCK 1, WETLAND 604)
A perpetual easement for conservation purposes over, under and across that part of Lot 2, Block 1,
HANSON SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
described as follows:
Commencing at the southeast corner of said Lot 2, Block 1; thence on an assumed bearing of North 1
degree 31 minutes 23 seconds East, along the easterly line thereof, a distance of 270.13 feet; thence
South 89 degrees 43 minutes 37 seconds West a distance of 124.76 feet to the point of beginning of
that part of said Lot 2, Block 1 to be described; thence South 0 degrees 16 minutes 23 seconds East a
distance of 54.59 feet; thence South 35 degrees 12 minutes 09 seconds West a distance of 48.85
feet; thence North 82 degrees 25 minutes 12 seconds West a distance of 96.75 feet; thence North 7
degrees 34 minutes 48 seconds East a distance of 41.01 feet; thence North 23 degrees 45 minutes 21
seconds a distance of 44.37 feet; thence North 89 degrees 43 minutes 37 seconds East a distance of
100.52 feet to the point of beginning.
CONSERVATION EASEMENT DESCRIPTION
(LOT 2, BLOCK 1, WETLAND 603)
A perpetual easement for conservation purposes over, under and across that part of Lot 2, Block 1,
HANSON SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
described as follows:
Commencing at the southeast corner of said Lot 2, Block 1; thence on an assumed bearing of South
89 degrees 43 minutes 39 seconds West, along the southerly line thereof, a distance of 221.67 feet;
thence North 0 degrees 16 minutes 21 seconds West a distance of 15.54 feet to the point of beginning
of that part of said Lot 2, Block 1 to be described; thence North 65 degrees 59 minutes 01 seconds
West a distance of 53.35 feet; thence North 0 degrees 20 minutes 57 seconds East a distance of
38.12 feet; thence North 21 degrees 04 minutes 33 seconds East a distance of 41.15 feet; thence
North 59 degrees 10 minutes 00 seconds East a distance of 22.85 feet; thence South 66 degrees 30
minutes 19 seconds East a distance of 71.73 feet; thence South 10 degrees 42 minutes 10 seconds
West a distance of 31.29 feet; thence South 34 degrees 07 minutes 25 seconds West a distance of
81.98 feet to the point of beginning.
1
CONSERVATION EASEMENT DESCRIPTION
(LOT 2, BLOCK 1, WETLAND 46/97)
A perpetual easement for conservation purposes over, under and across that part of Lot 2, Block 1,
HANSON SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
described as follows:
Commencing at the northeast corner of said Lot 2, Block 1; thence on an assumed bearing of South
68 degrees 25 minutes 37 seconds West, along the northerly line thereof, a distance of 310.14 feet to
the point of beginning of said line to be described; thence South 46 degrees 16 minutes 24 seconds
East a distance of 49.28 feet; thence South 23 degrees 38 minutes 57 seconds East a distance of
33.14 feet; thence South 31 degrees 00 minutes 35 seconds East a distance of 45.05 feet; thence
South 15 degrees 19 minutes 32 seconds West a distance of 172.38 feet; thence North 49 degrees 12
minutes 30 seconds West a distance of 130.37 feet; thence North 82 degrees 37 minutes 56 seconds
West a distance of 29.76 feet; thence North 60 degrees 36 minutes 29 seconds West a distance of
23.86 feet; thence South 88 degrees 53 minutes 09 seconds West a distance of 64.32 feet; thence
South 19 degrees 55 minutes 05 seconds West a distance of 123.10 feet; thence South 25 degrees
04 minutes 55 seconds East a distance of 25.21 feet; thence South 70 degrees 04 minutes 55
seconds East a distance of 132.06 feet; thence South 6 degrees 31 minutes 15 seconds West a
distance of 116.82 feet to the southerly line of said Lot 2, Block 1; thence westerly, along said
southerly line, to the southwest corner thereof; thence northerly, along the west line thereof, to the
northeast corner of said Lot 2; thence easterly and northeasterly, along the northerly line thereof, to
the point of beginning.
PREPARED FOR GEORGE & LAURA BRUESTLE
ADDRESS:12275 COBBLESTONE LANE
ROSEMOUNT, MN 55068
WO#17427.00