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HomeMy WebLinkAbout6.a. 22-87-MS; 22-88-RZ; 22-89-V; Request by the Donna Adams Trust for approval of a Minor Subdivision, a Rezoning, and a Variance to create two new buildable lots at 4045 and 4065 McAndrews Road EXECUTIVE SUMMARY Planning Commission Regular Meeting: November 22, 2022 Tentative City Council Meeting: December 20, 2022 AGENDA ITEM: 22-87-MS; 22-88-RZ; 22-89-V; Request by the Donna Adams Trust for approval of a Minor Subdivision, a Rezoning, and a Variance to create two new buildable lots at 4045 and 4065 McAndrews Road AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.a. ATTACHMENTS: Site Location; Site Aerial; Variance Resolution; Land Use Exhibit; Rezoning Exhibit; Preliminary and Final Plats; Wetland Delineation Exhibit; Parks and Recreation Director’s Memo Dated November 9, 2022 APPROVED BY: AK RECOMMENDED ACTION: Staff is recommending the Planning Commission make the following motions: Motion by the Planning Commission (acting as the Board of Appeals and Adjustments) to adopt a resolution approving a variance to allow the creation of two lots that are accessed via shared driveways; Motion to recommend the City Council adopt an ordinance rezoning the subject property from AG-Agricultural to RR-Rural Residential. Motion to recommend the City Council approve a Minor Subdivision for Adams First Addition with 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) All driveways shall be capable of supporting access by emergency vehicles and equipment. 3) The plat shall be updated to include all required drainage and utility easements along property lines. 4) The plat shall be updated to include Wetland 3 as shown on Figure 2 – Existing Conditions (Revised 8/8/22) 5) The City will require a custom grading plan prior to the construction of homes Lots 3 and 4, or any new driveways, along with a plan documenting any significant trees to be removed for said homes. 6) The removal of trees shall be minimized around each new building site. 7) A fee in lieu of park land dedication of $3,400 for Lots 3 and 4 shall be paid prior to the issuance of a building permit for each lot. 2 8) The applicant shall pay the required storm water trunk area assessment of $6,865 per acre prior to recording the final plat minus pond area measured at high water level. 9) The site plan shall be updated to include the proposed primary and alternate private sewage treatment areas based upon appropriate soil and compaction testing prior to release of mylars for recording. Each lot must accommodate a sewage treatment system meeting all City requirements and designed by a licensed septic designer. 10) A shared driveway agreement acceptable to the City for Lots 3 and 4, Block 1 shall be executed and recorded with the property. SUMMARY The Donna Adams Trust is requesting approval of a minor subdivision, a rezoning, and a variance, to create two additional buildable lots on property located in the northwest portion of the City. The rezoning request would change the zoning from AG-Agriculture to RR-Rural Residential, which is consistent with the site’s land use designation in the Rosemount Comprehensive Plan. The applicant is also requesting a variance that would allow the new buildable lots to be created without direct access to a public street, and it will allow them to be served via shared driveways. This request is similar to other recent approvals related to the subdivision of larger acreages in this part of the City, and staff is recommending approval of the request. Applicant: Donna Adams Trust Property Owners: Donna Adams Trust and Clay Adams Location: North of McAndrews Road and approximately 1.2 miles west of South Robert Trail Area: 20.97 Acres Land Use Designation: RR – Rural Residential Current Zoning: AG – Agriculture Proposed Zoning: RR – Rural Residential BACKGROUND The applicant is requesting a minor subdivision to create two additional buildable lots from the total acreage in order to divide the estate among several heirs. The subject property totals 20.97 acres in area, and it is comprised of three parcels, one of which is an outlot of another plat. The applicant is requesting a variance as part of the approvals in order to allow the new buildable lots to be accessed via a shared driveway. This portion of the City contains many natural features such as rolling hills, wetlands, and established woodlands that would be better preserved by allowing shared driveways. The subject property also contains two existing dwellings that impede the drawing of lot lines to allow public road frontage. Further complicating the site is its adjacency to a County roadway and the restricted access allowed by Dakota County. In 2020, the Deer Haven plat adjacent to 120th Street West was approved with a similar variance based on the presence of wetlands and other natural features. The site is currently zoned AG-Agriculture, which is the historic zoning in this part of the City. As the parts of this area have been subdivided, those platted areas were rezoned to Rural Residential, which is consistent with the land use designation in the Comprehensive Plan. The requested rezoning is necessary as the AG zoning district has a maximum density of one dwelling unit per 40 acres, while the RR zoning district allows for a maximum density of one unit per five acres. The site is currently considered legally nonconforming as it relates to the maximum density. The Dakota County Plat Commission has reviewed the proposed plat as required by the Dakota County 3 Contiguous Plat Ordinance that requires such a review for any plat located along a County roadway. The Plat Commission approved the preliminary and final plats in October 2022. The applicant has submitted a wetland delineation as required by the City Code which was reviewed by the technical evaluation panel during a field visit. Staff finds that the plat and rezoning requests are consistent with the City’s Comprehensive Plan. Staff also finds that the variance request meets the standards for issuing a variance, and if approved by the Planning Commission acting as the Board of Appeals and Adjustments, also finds that the minor subdivision request meets the standards of the Rural Residential zoning district. Therefore, staff is recommending approval of the requests. ISSUE 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. In the past, staff has proposed taking a look at 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. Typically, staff recommends waiting for a project to come through since there are often different zoning districts allowed in each land use designation. In the case of the Rural Residential land use designation, there are no secondary zoning districts listed in the Comprehensive Plan. Variance Request and Standards The subject property presents challenges for development of any additional lots beyond the existing homes due in part to the location of the centrally located home and the configuration of the plat boundaries. Additionally, McAndrews Road’s status as a County roadway prevents additional access points being created – so even if the parcels were drawn creatively to reach a public street, shared driveways would still be necessary. Finally, the site is heavily wooded in areas with many larger deciduous trees, and any new home sites should be sited to avoid tree removal as much as possible. Given the restrictions for providing access to the proposed lots, the applicant is requesting variances from one specific section of the Zoning Ordinance as follows: • Section 11-2-7 Street Access Required. This section of code requires that every building hereafter erected shall be located on a lot having frontage on a public street. Looking at the proposed subdivision, the requested variances would allow the platting of Lots 3 and 4 without any frontage on a public street. Access to Lot 3 would occur via the existing driveway that would now be shared with and located on Lot 2. Lot 4 would be accessed via the driveway currently exists near the eastern boundary of the site that serves both existing homes. According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to review when considering a variance request. The five criteria used to assess each request along with staff’s findings for each are listed below. While weighing a variance request against these criteria, there are also two key issues to consider. The first is whether there the owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The second is whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request based on findings related to each of the five standards. 1. The variance request is in harmony with the purposes and intent of the ordinance. Finding: Staff finds that the request is in harmony with the purposes and intent of the ordinance 4 because it allows for rural residential development at the densities permitted within a RR – Rural Residential zoning district. The applicant is not requesting any exceptions to the lot area, setbacks, or other dimensional standards, and is proposing wetland buffers consistent with the City’s wetland management plan. 2. The variance is consistent with the comprehensive plan. Finding: The site is guided as Rural Residential. The variance will permit the platting of four lots with a gross density of one house per 5.24 acres consistent with the land use designation and zoning code. Additionally, the variance is consistent with the comprehensive plan as it relates to minimizing access onto collector roads. 3. Granting of the variance allows reasonable use of the property. Finding: There is sufficient room on the property for the applicant to extend a public road into the property; however, doing so would result in significant impacts to the wetlands, trees, and rolling topography of the site. The proposed driveway variance will allow the residential density permitted under the zoning ordinance while utilizing the existing driveways to provide reasonable access to four lots instead of two. This will reduce overall impacts on the site while providing safe access to each residential structure. 4. There are unique circumstances to the property which are not created by the landowner. Finding: The site contains woods, wetlands, and rolling terrain that make difficult the construction of a public road to serve all of the proposed parcels. Additionally, the layout of the existing homes would require a street configuration that would have undesirable impact on the natural features of the site. 5. Granting of the variance does not alter the essential character of the locality. Finding: The City’s northwest rural area contains rural lots ranging in size from one to 18 or more acres in size, and the RR zoning standards allow for lots with a minimum size of 2.5 acres (provided the overall density does not exceed one unit per five acres). The applicant is not seeking variances from any density standards, and the variance will allow the sharing of driveways among four otherwise conforming parcels with regards to lot area. Staff finds that the essential character of the locality will remain intact. Minor Subdivision The applicant is proposing a minor subdivision to plat the subject property, 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 two new buildable parcels, 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 4.95, 4.60, and 5.10, and 5.59 acres in size, all of which will access McAndrews Road from existing driveways. The applicant will need to draft and execute a shared driveway easement and agreement to ensure its availability for use by both lots. In the future, any site improvements and permits for home construction will need to comply with the City’s zoning regulations. 5 Wetlands The area in which the new buildable lots are to be located contains 3 wetlands total, which are all classified as Utilize, which has the same buffer requirements as Manage 3 wetlands. An additional wetland is located within the boundaries of the existing parcel on the eastern portion of the site. The City’s Comprehensive Wetland Management Plan contains an inventory of wetlands and classifies them based on water quality and the diversity of flora within the wetland. Manage 3 and Utilize wetlands are on the lower end of the spectrum. The Wetland Management Plan calls for a buffer around the wetlands fifteen feet in width, and monument signs delineating the buffer area are not required. The proposed plat contains drainage and utility easements over the buffer areas of three of the wetlands that meet the requirement of the City’s Comprehensive Wetland Management Plan. During the site visit the technical evaluation panel identified an additional wetland that isn’t shown on the plat. It is a minor wetland that is seasonally inundated, meaning it doesn’t always contain water and it is classified as a Manage 3, similar to the other wetlands on the site. A condition of approval is the inclusion of that wetland on the plat along with an associated easement over it. Additionally, a separate conservation easement is required over all buffer areas. These will need to be signed by the applicant and recorded with the final plat. 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 maximum overall density of one house per five acres. All four lots will meet this minimum lot size standard, and the overall proposed density of four houses on 20.97 acres (one house per 5.24 acres) will meet the density standard. While a general concept plan for the location of new houses 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 each lot. The noted building pad locations do 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 20.97 Acres 756 feet 5.59 acres 300.0 feet Lot 2, Block 1 5.10 acres 437.53 feet Lot 3, Block 1 4.95 acres 300.94 feet Lot 4, Block 1 4.60 acres 486.90 feet Although the site plan does include a general building area, the applicant has not indicated where the proposed septic treatment systems would be located on each lot. A primary and secondary site are required and must be identified prior to recording of the plat. Grading, Storm Water Management, and Tree Preservation With only two new buildable, rural lots 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 each 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 plans for each 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 likely 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 6 the houses and driveways. Drainage and Utility Easements In addition to the easements over wetlands and buffer areas, the applicant will need to provide the standard drainage and utility easements along the lot lines of all lots platted within the subdivision. These easements are missing from the plat and will need to be added to the final version. 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 lot. • Surface Water Trunk Area Assessment of $6,865 per acre. Please note that the City has applied the storm water fee to the developed portion of any subdivision and excluded outlots, wetlands, and stormwater ponding. RECOMMENDATION Staff recommends approval of a Variance, Rezoning, and Minor Subdivision request for the ADAMS FIRST ADDITION plat with conditions. This recommendation for approval is based on the information provided to the Planning Commission. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2022-06 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE PLATTING OF TWO LOTS THAT DO NOT MEET THE FRONTAGE REQUIREMENTS FOR AN AG - AGRICULTURAL ZONING DISTRICT. WHEREAS, the Donna Adams Trust, 4045 McAndrews Road (the “Applicant”), has submitted an application to the City Rosemount (the “City”), for a variance to allow the creation of two lots that share driveways; and WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning Ordinance, Section 11-12-2; and WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing and considered said on said matter on November 22, 2022; and NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount Board of Appeals and Adjustments makes the following: FINDINGS 1. That the procedures for obtaining said Variance are found in the Rosemount Zoning Ordinance, Section 11-12-2. 2. That all the submission requirements of said Section 11-12-2 have been met by the Applicant. 3. That the Variance will be located on property legally described as follows (the applicant’s current property prior to subdivision/recombination): The South 972.0 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section 18, Township 115, Range 19, Dakota County, Minnesota, subject to County Road easement and Excepting that part lying South of the old public road as platted in Mickelson's First Addition. And Except the East 300 feet thereof. And, Outlot A, Mickelson's First Addition, Dakota County, Minnesota. And, 2 The East 300 feet of the South 972 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section 18, Township 115, Range 19, Dakota County, Minnesota, Except that part platted in Mickelson's First Addition, and that part lying south of the old public road as shown in Mickelson's First Addition. And, The East 2 rods of the SE 1/4 of the NW 1/4 lying south of the old public road as shown in Mickelson's First Addition in Section 18, Township 115, Range 19, Dakota County, Minnesota. 4. The variance request is in harmony with the purposes and intent of the ordinance. Finding : Staff finds that the request is in harmony with the purposes and intent of the ordinance because it allows for rural residential development at the densities permitted within a RR – Rural Residential zoning district. The applicant is not requesting any exceptions to the lot area, setbacks, or other dimensional standards, and is proposing wetland buffers that consistent with the City’s wetland management plan. 5. The variance is consistent with the comprehensive plan. Finding : The site is designated as Rural Residential. The variance will permit the platting of four lots with a gross density of one house per 5.24 acres consistent with the land use designation and zoning ordinance. Additionally, the variance is consistent with the comprehensive plan as it relates to minimizing access onto collector roads. 6. Granting of the variance allows reasonable use of the property. Finding : There is sufficient room on the property for the applicant to extend a public road into the property; however, doing so would result in significant impacts to the wetlands, trees, and rolling topography of the site. The proposed driveway variance will allow the residential density permitted under the zoning ordinance while utilizing the existing driveways to provide reasonable access to four lots instead of two. This will reduce overall impacts on the site while providing safe access to each residential structure. 7. There are unique circumstances to the property which are not created by the landowner. Finding : The site contains woods, wetlands, and rolling terrain that make difficult the construction of a public road to serve all of the proposed parcels. Additionally, the layout of the existing homes would require a street configuration that would have undesirable impact on the natural features of the site. 8. Granting of the variance does not alter the essential character of the locality. Finding : The City’s northwest rural area contains rural lots ranging in size from one to 18 or more acres in size, and the RR zoning standards allow for lots with a minimum size of 2.5 acres (provided the overall density does not exceed one unit per five acres). The applicant is not seeking variances from any density standards, and the variance will allow the sharing of driveways among four otherwise conforming parcels with regards to lot area. Staff finds that the essential character of the locality will remain intact. 3 CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following condition: 1) Approval of a request to rezone the property from AG – Agricultural to RR – Rural Residential and approval of the minor subdivision for Adams First Addition. Passed and duly adopted this 22th day of November 2022, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Jessie Paque, Deputy City Clerk HSE GAR SHED GAR EA S T L I N E O F T R A C T E , R L S N O . 1 2 NORTH LINE OF THE SOUTH 972 FEET OF THE E 1/2 OF THE NW 1/4 SOUTH LINE OF THE NW 1/4 OF SECTION 18 (S89°41'34"W) SOUTH LINE OF OUTLOT A NORTH LINE OF LOT 2, BLOCK 2, MICKELSON'S FIRST ADDITION WESTERLY CORNER OF OUTLOT A WE S T L I N E O F L O T S 1 - 3 , B L O C K 1 , OA K R I D G E E S T A T E S . BLOCK 1 COUNTY ROAD NO. 38 (MCANDREWS ROAD) SOUTH LINE OF LOT 4, BLOCK 1, OAK RIDGE ESTATES SOUTHWEST CORNER OF THE NW 1/4 OF SEC. 18-T115-R19, DAKOTA CO. MON. 10 FOOT DRAINAGE AND UTILITY EASEMENT 1" I.P. FOUND 1" I.P. FOUND 1/2 " I.P. FOUND 1/2 " I.P. FOUND DAK. CO. R/W MON. FOUND 1/2 " I.P. FOUND WETLAND WETLAND COUNTY ROAD NO. 38 (MCANDREWS RO A D ) LOT 3 (4.95 ACRES) LOT 4 (4.60 ACRES) WETLAND LOT 2 (5.10 ACRES) LOT 1 (5.59 ACRES) HSE GAR FUTURE HOUSE FUTURE HOUSE ADAMS FIRST ADDITION - PRELIMINARY PLAT ADAMS FIRST ADDITION The South 972.0 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section 18, Township 115, Range 19, Dakota County, Minnesota, subject to County Road easement and Excepting that part lying South of the old public road as platted in Mickelson's First Addition. And Except the East 300 feet thereof. And, Outlot A, Mickelson's First Addition, Dakota County, Minnesota. And, The East 300 feet of the South 972 feet of the East 1098.0 feet of the East 1/2 of the NW 1/4 of Section 18, Township 115, Range 19, Dakota County, Minnesota, Except that part platted in Mickelson's First Addition, and that part lying south of the old public road as shown in Mickelson's First Addition. And, The East 2 rods of the SE 1/4 of the NW 1/4 lying south of the old public road as shown in Mickelson's First Addition in Section 18, Township 115, Range 19, Dakota County, Minnesota. EA S T L I N E O F T R A C T E , R L S N O . 1 2 NORTH LINE OF THE SOUTH 972 FEET OF THE E 1/2 OF THE NW 1/4 SOUTH LINE OF THE NW 1/4 OF SECTION 18 (S89°41'34"W) SOUTH LINE OF OUTLOT A NORTH LINE OF LOT 2, BLOCK 2, MICKELSON'S FIRST ADDITION WESTERLY CORNER OF OUTLOT A WE S T L I N E O F L O T S 1 - 3 , B L O C K 1 , OA K R I D G E E S T A T E S . BLOCK 1 COUNTY ROAD NO. 38 (MCANDREWS ROAD) SOUTH LINE OF LOT 4, BLOCK 1, OAK RIDGE ESTATES SOUTHWEST CORNER OF THE NW 1/4 OF SEC. 18-T115-R19, DAKOTA CO. MON. 10 FOOT DRAINAGE AND UTILITY EASEMENT 1" I.P. FOUND 1" I.P. FOUND 1/2 " I.P. FOUND 1/2 " I.P. FOUND DAK. CO. R/W MON. FOUND 1/2 " I.P. FOUND WETLAND WETLAND COUNTY ROAD NO. 38 (MCANDREWS RO A D ) LOT 3 (4.95 ACRES) LOT 4 (4.60 ACRES) WETLAND LOT 2 (5.10 ACRES) LOT 1 (5.59 ACRES) ADAMS FIRST ADDITION 994 9 8 8 9 9 0 992 996 998 986 9 8 4 9 8 2 9 8 0 9 7 8 9 7 6 974 9 7 2 9 7 0 9 6 8 9 6 6 964 1 0 0 0 9 6 2 1 0 0 21006 1 0 0 41010 960 1 0 0 8 1012 1014 1 0 1 6 1 0 1 8 9 5 8 1020 1 0 2 2 1024 1004 992 1 0 0 6 978 984 994 1020 1 0 1 21016 994 988 1010 9 8 8 958 984 966 9 9 0 1018 996 9 8 2 99 6 976 9 9 6 10021006 1008 992 1000 1012 998 990 9 8 2 980 9 9 0 1 0 0 01008 9 9 4 986 1002 9 8 4982 1004 990 1 0 1 0 1 0 1 4 Figure 2 - Existing Conditions (TEP REVISIONS 8/8/22) 4045 McAndrews Rd (KES 2022-052)Rosemount, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 125 Feet Dakota County Lidar Site Boundary !.Sample Point Transect Wetland Boundary Source: MNGEO Spatial Commons Wetland 10.46 acre SP1-1 SP2-1 Wetland 20.23 acre Wetland 30.015 acre SP-A Summary: Wetland 3 (Previously Sample Point A) was determined to be a Type 1 (PEM1A) wetland during the TEP review meeting on 8/8/22. The FAC Neutral test was concluded to be met, therefore, sufficient (two) secondary hydrology indicators were present.The north eastern corner of Wetland 2 was also extended by two gps points. M E M O R A N D U M To: Adam Kienberger Community Development Director Anthony Nemcek, Senior Planner Julia Hogan, Planner From: Dan Schultz, Parks and Recreation Director Date: November 9, 2022 Subject: Adams Minor Subdivision The Parks and Recreation Department recently reviewed the development plans for the Adams Minor Subdivision. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the creation of two new residential lots is either .08 acres of land or cash in lieu of land. Staff is recommending the City collect cash in-lieu of land to meet the parks dedication requirements. The cash dedication for two new lots would be $6,800 (2 lots x $3,400 per lot). Please let me know if you have any questions about this memo.