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HomeMy WebLinkAbout20121105 - VIII-B-2 To: Mayor Hicks & City Council From: Justin Fortney, Associate Planner Date: November 5, 2012 Item: Minor Subdivision –1660 and 1654 Tierney Dr. – Bruce Jorgenson City Council Action Requested: Review and take action on the proposed minor subdivision. Background Information: Please see the attached Planning Commission Memorandum for background information. Financial Impact: Approval of the minor subdivision would require the applicant to pay $4.400.00 in park dedication fees $910.00 in sewer interceptor fees, and stormwater charges may apply. Advisory Commission Discussion: The Planning Commission voted 4-0 to recommend approval of the request at the October 22, 2012 meeting. A person whose family had sent a letter in opposition to the proposal spoke during the public hearing. Her concerns were mostly related to the placement of a future home on the western lot directly behind her residence. (Letter attached) Council Committee Discussion: None Attachments: ! Resolution ! Planning Commission Staff Report – October 22, 2012 City Council Memorandum HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A MINOR SUBDIVISION OF A SINGLE FAMILY LOT GENERALLY LOCATED AT 1660 AND 1654 TIERNEY DRIVE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Bruce Jorgenson has initiated consideration of a minor subdivision on property to split a .85 acre lot located just west of 1648 Tierney Drive into a 9,049 SF lot and a 25,233 SF lot. Legally described in Exhibit A; and WHEREAS, on October 22, 2012, a review of this minor subdivision was held before the Planning Commission of the City of Hastings; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to subdivide the property described in Exhibit A is hereby approved, with the following conditions: 1) Conformance with the City Council staff report and plans dated November 5, 2012. 2) Approval is subject to a one-year sunset clause; if the minor subdivision is not recorded within one year of City Council approval, the approval is null and void. 3) Drainage and utility easements must be filed on the property prior to the filling of this minor subdivision. They must be as shown on the original plat, with the exception that the rear easement on the eastern lot only have to be 15-feet deep. 4) A catch basin must be designed, reviewed and approved by the Engineering Department, and installed as shown on the original plat. 5) Payment of the sewer interceptor fee in the amount of $910.00 6) Payment of park dedication fee in the amount of $4,400 7) Payment of any required stormwater fees. 8) Planting of one boulevard and front yard tree for each unit at time of construction, consistent with the City Code. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on November 5, 2012 by the following vote: Ayes: Nays: Absent: ATTEST: ______________________ Paul J. Hicks, Mayor _________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of the resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on November 5, 2012, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 Exhibit A LEGAL DESCRIPTION JORGENSON LOT SPLIT PARCEL A -1660 Tierney Drive (25,233 SF) That part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 North, Range 17 West, Dakota County, Minnesota described as follows: Commencing at the northeast corner of Lot 15, Block 2, SONTAG’S SECOND ADDITION, on file and of record in the office of the County Recorder, Dakota County, Minnesota; thence South 89 degrees, 44 minutes, 50 seconds West, bearing assumed, along the north line of said Lot 15 a distance of 37.26 feet; thence South 75 degrees, 26 minutes, 11 seconds West a distance of 153.93 feet; thence South 73 degrees, 38 minutes , 54 seconds West a distance of 100.04 feet to the point of beginning of the property to be described; thence continuing South 73 degrees, 38 minutes , 54 seconds West a distance of 56.65 feet; thence South 71 degrees, 46 minutes, 50 seconds West, a distance of 214.98 feet; thence southwesterly and southerly along a tangential curve, concave to the southeast, having a radius of 58.86 feet a central angle of 62 degrees, 55 minutes, 44 seconds, a distance of 64.65 feet to the north line of DAKOTA VIEW FIRST ADDITION, on file and of record in the office of the County Recorder, Dakota County, Minnesota; thence North 89 degrees, 52 minutes, 30 seconds East, along said north line of DAKOTA VIEW FIRST ADDITION, a distance of 322.37 feet to the north line of Tierney Drive, as platted in said DAKOTA VIEW FIRST ADDITION; thence northeasterly and easterly, along said north line of Tierney Drive, on a nontangential curve, concave to the southeast, having a radius of 190.00 feet, a central angle of 46 degrees, 49 minutes, 35 seconds, a chord bearing of North 66 degrees, 27 minutes, 43 seconds East a distance of 50.39 feet; thence North 32 degrees, 50 minutes, 21 seconds West, a distance of 115.99 feet to the point of beginning. Subject to drainage and utility easements. PARCEL B -1654 Tierney Drive (9,049 SF) That part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 North, Range 17 West, Dakota County, Minnesota described as follows: Commencing at the northeast corner of Lot 15, Block 2, SONTAG’S SECOND ADDITION, on file and of record in the office of the County Recorder, Dakota County, Minnesota; thence South 89 degrees, 44 minutes, 50 seconds West, bearing assumed, along the north line of said Lot 15 a distance of 37.26 feet; thence South 75 degrees, 26 minutes, 11 seconds West a distance of 149.24 feet to the point of beginning of the property to be described; thence continuing South 75 degrees, 26 minutes, 11 seconds West a distance of 4.69 feet; thence South 73 degrees, 38 minutes , 54 seconds West a distance of 100.04 feet; thence South 32 degrees, 50 minutes, 21 seconds East a distance of 115.99 feet to the north line of Tierney Drive, as platted in said DAKOTA VIEW FIRST ADDITION; thence northeasterly and easterly, along said north line of Tierney Drive, on a nontangential curve, concave to the southeast, having a radius of 190.00 feet, a central angle of 46 degrees, 49 minutes, 35 seconds, a chord bearing of North 66 degrees, 27 minutes, 43 seconds East a distance of 64.84 feet; thence North 12 degrees, 12 minutes, 12 seconds West , a distance of 105.02 feet to the point of beginning. Subject to drainage and utility easements. To: Planning Commission From: Justin Fortney, Associate Planner Date: October 22, 2012 Item: Minor Subdivision –1660 and 1654 Tierney Dr. – Bruce Jorgenson Request: Bruce Jorgenson seeks a minor subdivision to subdivide a vacant .85 acre parcel into two lots. This action will create two buildable single-family lots (West of 1648 Tierney Drive). Background information: The property received preliminary plat approval to be subdivided into three lots in 2006, but was not finalized. The proposed layout in 2006 is the same as the current proposal. This parcel was originally one acre in size. The applicant subdivided one parcel (1648 Tierney Drive) from it in 2009 with a house being built that same year. The proposed eastern lot is 9,049 SF and the western lot is 25,233 SF. Both lots meet the minimum lot size and layout requirements. Notification: Notification of the request was mailed to all property owners within 350 feet. The owner and family of 1670 Tierney Drive, (Gustafsons and granddaughter Laura Nitti) state opposition to the subdivision in the attached letter. Below the letter are comments from staff. Comprehensive Plan Classification The property is designated U-I – Urban Residential in the 2030 Comprehensive Plan. U-I allows 1 to 3 units per net acre. Zoning Classification The subject property is zoned R-1 – Low Density Residential. Single -Family homes are permitted uses in the R-1 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Park/water detention PI P (park) East Residential R-1 U-I South Residential R-1 U-I West Residential R-1 U-I Minimum Setback Requirements for the R-1 District: Front 20’ Side 7’ Rear 20’ Lot Size The property meets the minimum lot size requirement. The minimum lot size in the R-1 district is 9,000 square feet. Lot Width The property meets the minimum lot width requirement. The minimum lot width for a lot in the R-1 district is 75 feet. Planning Commission Memorandum Easements Slightly larger than normal easements are required to accommodate a buried storm sewer drain and a required catch basin at the rear of the properties. The catch basin is necessary to keep water from draining off the properties onto the multiuse path. Sewer Interceptor Fee The applicant shall pay $910 in sewer interceptor fees for the two new lots. The payment is due prior to recording of the minor subdivision. Park Dedication The applicant shall pay $4,400 in park dedication fees for the two new lots. The payment is due prior to recording of the minor subdivision. Stormwater There may be stormwater fees that must be paid prior to recording of the minor subdivision. Landscaping One boulevard tree and front yard tree is required to be planted for each unit. Attachments ! Aerial photograph ! Survey ! Opposition letter from 1670 Tierney Drive October 17, 2012 City of Hastings/Planning Commission I would first like to apologize for not being able to appear at this meeting as we are residences of Florida. I want the members of the Planning Commission to be aware that Donald Gustafson/Owner of Hastings Construction originally donated the portion of Land in question to the City of Hastings for the sole purpose of Parkland. Had he known that the City would subsequently declared it excess land and auction it off, his properties at 1670 and 1680 Tierney Drive would have included the proposed lot 1, being that he was the original owner and developer of that land at the time. It really bothered him that he would have to buy back land that he donated. It just didn’t sit right with him as he had donated many parcels of land to the city of Hastings. As former developers we are well aware of taking into consideration the layout of existing properties in regards to a proposed plot. The current subdivision was originally a three lot subdivision which did not appear to be a problem as to how a house would be placed on the western most lot. However dividing the property into 4 lots now places a structure behind our properties which we object to. We would like the subdivision to remain 3 lots not 4. We also ask that you take the existing properties at 1670 and 1680 Tierney Drive Hastings, MN into your highest consideration when approving a site plan for the existing most western lot in this subdivision adjacent to our property. We just want to alleviate any potential problem of the back yards of 1670 and 1680 Tierney Drive to the side yard of the existing most western lot in the original subdivision. Please keep us informed our address is 225 Charleston Court Naples Fl 34110. Our Daughter/Granddaughter Laura Nitti resides in the property at 1670 Tierney Drive and can speak on our behalf. Please also communicate with her. If you have any questions please contact us at 239-597-3110. Thank you for your time an consideration Cory Gustafson/Cheryl Gustafson/Donald Gustafson Staff Comments: Only three lots in total will have been created from this vacant property, the first was created in 2009 and the other two are now being considered. Our records show that in 1979 this one-acre parcel along with 19 other acres were acquired by the City through an eminent domain process to alleviate past flooding issues. The 20 acres of property come from several owners including Hastings Construction Co., which Donald Gustafson was a part of. Owners of the 20 acres would have been compensated for the land. After the large ponding basin was designed and constructed, unused portions of the 20 acres were sold including the subject parcel. No records have been found indicating that this property was dedicated as parkland.