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3. 1551 Lyman Boulevard Metes & Bounds Subdivision0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP Community Development DATE: August 13, 2012 SUBJ: Metes and Bounds Subdivision —1551 Lyman Boulevard Rick Dorsey — Planning Case 2012 -08 PROPOSED MOTION The City Council approves the Metes and Bounds Subdivision creating two lots and Development Contract, subject to the conditions of approval. Approval requires a simple majority vote of the City Council. The applicant is requesting a metes and bounds subdivision creating two lots from a 20- acre parcel. Parcel C is 4 acres and Parcel D is 16 acres. The 40 -acre site is being split into two lots via an administrative subdivision since it is not a subdivision by state statute or city regulations. The proposed subdivision meets city ordinance and staff is recommending approval with conditions. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 2 of 9 BACKGROUND The property owner has requested that the City Council approve a Metes and Bounds Subdivision of Parcel A, creating 4.0 -acre Parcel C and 16.082 -acre Parcel D. The city council may approve a metes and bounds subdivision of a lot into two lots inside the urban services area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public street. The property is currently zoned A2 Agricultural Estate District and is guided Office or Commercial. Administrative Subdivision __ C. S.A @_(1.Yb1ANACULEVARD v wcn- P / Y P PRGE� 6 Metes and Bounds Subdivision �yl i 1• � I � I 9 PO�CEL r � - J �C t32�.sa 599• -e 59 E ✓ I ` I i I I I APPLICABLE REGULATIONS Sec. 18 -4. - Restrictions on filing and recording conveyances. (a) Except as provided in section 18 -37, no conveyances of land shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land surveyor to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (6) Is a single parcel of residential or agricultural land of not less than 20 acres having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 3 of 9 Sec. 18 -37. - Exemption. The city council may approve a metes and bounds subdivision of a lot into two lots if both resulting lots meet the minimum requirements of the zoning ordinance and abut a public or private street. To the extent possible, the new boundary line shall be parallel to a previously existing lot line. The city council shall hold a public hearing on the proposed subdivision after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten days before the date of hearing. Chapter 20 Article X The following minimum requirements shall be observed in an "A -2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one -half acres, subject to section 20 -906. A one -unit per ten -acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one -unit per ten -acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Comprehensive Plan The comprehensive plan guides this 40 -acre area as well as the surrounding 80 acres as either office or commercial. As part of the 2030 Comprehensive Plan update the city vetted the community's response to a potential regional lifestyle center. A land use classification was created. 2.7.4 Regional/Lifestyle Center Commercial DefinitionlVision: A mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive comfortable walking experience for shoppers and visitors and is designed to serve trail users and mass transit as well as automobile traffic. Centers of this type have at least two major retail anchors and are characterized by the diversity and mix of retail and service uses within their boundaries. Uses within this district should complement existing retail users in the other commercial districts. Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 4 of 9 Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. Goods and Services Examples • Entertainment • Department Store • Comparison Shopping • Specialty Retail/Boutique • Restaurants • Hotels • Residential A new zoning district RC (Regional Commercial) was created in the City Code as a part of the PUD Ordinance to implement this land use. The City has given a dual land use of the 160 acres at the southeast corner of Powers and Lyman Boulevards to accommodate this use. The intent of the RC District was that any development proposal was to be of master development plan. Alternative Urban Areawide Review Since the approval of the AUAR, the 2030 Comprehensive Plan was adopted. This plan re- guided 115 acres from low or medium density Office or Regional Commercial. As required by Minnesota Rule 4410.3610 Subpart 7, to remain valid, the AUAR must be updated if any of the following events should occur: • Five years have passed since the AUAR and mitigation plan were adopted and all development within the project area has not been given final approval. • A comprehensive plan amendment is proposed that would allow an increase in development than what was assumed in the development scenario. • Total development within the area would exceed the maximum levels assumed in the environmental analysis document. • Development within any subarea delineated in the AUAR would exceed the maximum levels assumed for that subarea in the document. • A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment. • Development or construction of public facilities will occur differently than assumed in the development scenario such that it will postpone or alter mitigation plans or increase the development magnitude. • New information demonstrates that important assumptions or background conditions used in the analysis presented in the AUAR are substantially in error and that environmental impacts have consequently been substantially underestimated. • The RGU determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 5 of 9 Staff's concern with this subdivision is that the ability to master plan this entire site will be diminished. This could reduce the ability of a master planned PUD for the application of the Regional Commercial land use designation. The development analysis used was low density residential. The land use is no longer low density. The AUAR must be updated before a development plan can be approved. The AUAR will provide a development scenario. The Comprehensive Plan designates the functional street classification for streets in this area (see attachment). Any proposed street systems must be consistent with the functional classifications of roadways. Zoning Ordinance Sec. 20 -509. - Standards and guidelines for regional/lifestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional /lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self - sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive SUBDIVISION REVIEW The original property of the proposed subdivision was a 40.018 acre parcel, PID 25- 0230400. The parent property is proposed to be administratively subdivided into Parcel A (northern 20 acres) and Parcel B (southern 20 acres). The property owner has requested that the City Council Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 6 of 9 approve a Metes and Bounds Subdivision of Parcel A, creating 4.0 -acre Parcel C and 16.082 - acre Parcel D. Com liance Table Lot Size Frontage Depth Percent Setbacks Height Driveway Coverage Separation Front 50 Minimum 2.5 acres 200 feet 200 feet 20 feet 35 feet 1,250 feet Rear 50 feet Side 10 feet Lot C 4 acres 320 feet 365 feet 12.5 Meets N/A standards Lot D 16 acres 1 900 feet 1 656 feet 1 N/A N/A *Carver County is upgrading Lyman Boulevard and proposing additional access points. Lot D does not have direct access from a public street. The only available access is via the proposed access drive to Lot C. A cross - access agreement must be created to the benefit of both parcels. Because both parcels are under common ownership the easement could be rescinded; therefore, the city shall be named on the easement document to ensure that the access easement remain intact until some other access is provided to Lot D. Streets The proposed subdivision is adjacent to Lyman Boulevard, which is under the jurisdiction of Carver County. The existing south half of the Lyman Boulevard right -of -way adjacent to the property ranges from 40 to 55 feet. The existing right -of -way is by easement. The property to the west dedicated 55 feet of right -of -way and the property to the east dedicated 67 feet. The preliminary plans for Phase 3 of the Lyman Boulevard improvements adjacent to this property indicate that additional right -of -way is required. The right- of -way dedication for this metes and bounds subdivision shall be consistent with Carver County's requirements: 90 feet on Parcel C (40 to 55 feet existing plus 35 to 50 feet additional) and 60 feet on Parcel D (50 feet existing plus 10 feet additional). The property is being subdivided and is subject to a Collector and Arterial Roadway Improvement Charge. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. Parcel D is adjacent to Mills Drive, a 31 -foot wide public street within a 60 -foot right -of -way. The extension and alignment of Mills Drive shall be addressed when Parcel D is developed. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 7 of 9 Utilities The subject property is within the 2005 MUSA area. Sanitary sewer and watermain extension to the 2005 MUSA area was completed with the TH 312/212 Improvements and with the 2005 MUSA Improvements, Phase 1 (City Project Number 04 -05). The assessment rolls for these projects were adopted November 14, 2005. At the time these assessment rolls were approved, the 40.082 -acre parent property was in an Agricultural Preserve District and thus was not assessed, per State Statutes. The assessments were based on the 40.082 -acre parent property, PID 25- 0230400 and are summarized as follows: Project water Assessment Sewer Assessment Total TH 312/212 Project $55,532.75 N/A $55,532.75 2005 MUSA, Phase 1 $26,915.37 $52,884.93 $79,800.30 Property (acres) Parent Parcel $135,333.05 The City can collect lateral connection charges for the metes and bounds subdivision in accordance with Section 19 -20 (a) (3). Staff recommends that the lateral connection fees be prorated among Parcel B of the administrative subdivision and the metes and bounds subdivision, which is summarized below: At this time staff recommends that the connection fees for Parcels B and D be deferred until the property is developed. Staff also recommends that the connection fees for Parcel C be deferred until the property connects to sewer and/or water. Deferred connection fees for Parcels B, C and Prorated Prorated Area % of Total TH 312/212 2005 MUSA, Total Property (acres) Parent Parcel Connection Phase 1 Connection Area Fee Connection Fee Fee Parcel B (administrative 20.00 49.9% $27,710.84 $39,820.35 $67,531.19 subdivision) Parcel C (proposed metes and 4.00 10.0% $5,553.28 $7,980.03 $13,533.31 bounds subdivision) Parcel D (proposed metes and 16.081 40.1% $22,268.63 $31,999.92 $54,268.55 bounds subdivision) TOTALS 40.081 $135,333.05 At this time staff recommends that the connection fees for Parcels B and D be deferred until the property is developed. Staff also recommends that the connection fees for Parcel C be deferred until the property connects to sewer and/or water. Deferred connection fees for Parcels B, C and Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 8 of 9 D shall be adjusted based on the Construction Cost Index of the Minneapolis, Minnesota region as evidenced by the Engineering News Record. Sanitary Sewer and Watermain Hookup Fees have not been paid for the property. These fees shall be paid in accordance with the City Code at the rates in effect at the time of connection to the utility. Lateral sanitary sewer and watermain are stubbed to the east end of Mills Road. If Lot C is conveyed or sold, a septic and well inspection will be required. Stormwater The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. Park Fee The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. Fees Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the subdivision plus 2 parcels at $10 /parcel). RECOMMENDATION Staff recommends approval of the Metes and Bounds Subdivision of 1551 Lyman Boulevard subject to the following conditions: 1. The right -of -way dedication for this metes and bounds subdivision shall be consistent with Carver County's requirements: 90 feet on Parcel C (40 to 55 feet existing plus 35 to 50 feet additional, and 60 feet on Parcel D (50 feet existing plus 10 feet additional). 2. The property is being subdivided and is subject to a Collector and Arterial Roadway Improvement Charge. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when the property is further subdivided. 3. Record a cross - access agreement for Lots C and D acceptable to the city. The agreement must provide that the agreement cannot be rescinded or modified without city approval to ensure that the access easement remain intact until some other access is provided to Lot D. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 August 13, 2012 Page 9 of 9 4. Parcel C is subject to a $13,533.31 sewer and water connection fee at the time the property connects to sewer and/or water. The connection fee shall be adjusted based on the Construction Cost Index of the Minneapolis, Minnesota region as evidenced by the Engineering News Record. 5. Parcel D is subject to a $54,268.55 sewer and water connection fee at the time the property connects to sewer and/or water. The connection fee shall be adjusted based on the Construction Cost Index of the Minneapolis, Minnesota region as evidenced by the Engineering News Record. 6. Parcels C and D are subject to the Sanitary Sewer Hookup Fee and the Watermain Hookup Fee at the time of connection to the utility at the rates in effect at that time. 7. The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when the Subject Property is further subdivided. 8. Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the Subject Property plus 2 parcels at $10 /parcel). 9. The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. ATTACHMENTS 1. Functional Classification Map. 2. Draft AUAR Alternative dated April 19, 2012. 3. Development Contract. 4. Planning Commission Staff Report dated July 17, 2012. gAplan\2012 planning cases\2012 -08 1551 lyman blvd. metes & bounds subdivision \staff report cc.doc Figure 7.11: Functional Classification Map 7 - 20 1 TRANSPORTATION City of Chanhassen • 2030 Comprehensive Plan BLOCK C: Corporate Office Sites 3 Buildings, ranging from 3 -4 stories Approx. 400, 000Sq. Ft. Structured, surface and underground parking - Wetland mitigation area Professional umce }I[e Approx. 10,000Sq. Ft. - Surface and underground parking - Wetland mitigation area BLOCK A: Regional Retail Center Predominately one story, with portions two story Approx. 400, 000Sq. Ft. Buda,. narkinn RI Ct I ANTI I ICF _ �- � 1 �' ' Is0000s N ArRFC C(NIARF FFFT BLOCK B: Corporate Office Sites Buildings, ranging from 4 -7 Stories Approx. 840,000 Sq. Ft. Structured, surface and underground parking Wetland preservation & enhancement storm water treatment facility (assumes portions of stormwater treatment occur to PARKING SPACES CALCULATED FAR A B C D REGIONA COMMERCIAL 42 AC +/- 400,000 2,00 3,300+/- .21 .68 .54 .13 N/A N/A CORPORATE OFFICE 28 AC +/- 840,000 CORPORATE OFFICE PROFESSIONAL OFFICE WOODLAND P RESERVE RIGHT-OF -WAY TOTAL 17 AC +/- 400, 000 1 3S0 +/- 3.5 AC +/- 20,000 90+/- 18 AC +/- N/A N/A 7.5 AC +/- N/A N/A 116 1,660,000 6 740 +/- r / h KEY ELEMENTS: / Corporate office sites near Powers Boulevard and Lyman Boulevard intersection. / Smaller corporate office sites organized around an enhanced existing wetland and focused on the extended Bluff Creek Boulevard. / Regional commercial located near Powers Boulevard and Highway 212 with strong highway visibility. / Smaller professional office site along western boundary. / Wetlands remain and any impacted portions are mitigated on -site. / Stormwater treatment occur on -site in three sub - watersheds and assumes portions of stormwater treatment for Blocks A and B occur to the east in the MNDOT pond. Collector road (Bluff Creek Boulevard) shifts slightly north to allow for a larger Regional Commercial block. / Connection to single family neighborhood to the west remains in current location. / Full intersection at Lyman Boulevard, no additional right -in / right -out. / Signalized intersection at Powers Boulevard and the extension of Bluff Creek Boulevard. / Round -a -bout for traffic calming at intersection of collector roadways. / Fire access to medium density housing to the south along trail connection. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1551 LYMAN BOULEVARD PID 019 - 250230400 METES AND BOUNDS SUBDIVISION DEVELOPMENT CONTRACT TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR SUBDIVISION APPROVAL .................................... ..............................1 2. CONDITIONS OF SUBDIVISION APPROVAL ................................ ..............................1 3. SUBDIVISION PLAN ........................................................................... ..............................1 4. NOTICE ................................................................................................. ..............................1 5. OTHER SPECIAL CONDITIONS ........................................................ ..............................1 A. FEES ................................................................................................. ..............................1 B. SPECIAL CONDITIONS OF APPROVAL ..................................... ..............................2 C. GENERAL CONDITIONS OF APPROVAL ................................... ..............................3 IronMonuments ......................................................................... ..............................3 License....................................................................................... ..............................3 Responsibilityfor Costs ............................................................. ..............................3 Miscellaneous............................................................................ ..............................3 1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT 1551 LYMAN BOULEVARD METES AND BOUNDS SUBDIVISION AGREEMENT dated August 13, 2012 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City "), and, PPB Holdings, LP, a Minnesota Limited Partnership (the "Developer "). 1. Request for Subdivision Approval. The Developer has asked the City to approve the subdivision of 1551 Lyman Boulevard, PID 019 - 250230400 (referred to in this Contract as the "Subject Property"). The land is legally described on the attached Exhibit "A ". The two parcels being created are legally described on the attached Exhibit "B ". 2. Conditions of Subdivision Approval. The City hereby approves the subdivision on condition that the Developer enter into this Contract and provide the City the deeds for the two parcels, the deeds for the County right of way and the cross access easement within 30 days after the City Council approves the subdivision. 3. Subdivision Plan. The subdivision shall be in accordance with Exhibit 'B ". 4. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Rick Dorsey PPB Holdings, LP 14215 Green View Court Eden Prairie, MN 55346 Phone: 952- 831 -7204 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227 -1100. 5. Other Special Conditions. A. FEES The $45.00 cash fee and the fully- executed development contract must be submitted prior to the City signing off on the deeds. The cash fee is calculated as follows: GIS Fee: $25 (subdivision) + (2 parcels x $10 /parcel) = $45.00 1 B. SPECIAL CONDITIONS OF APPROVAL 1. The right- of -way dedication for this metes and bounds subdivision shall be consistent with Carver County's requirements: 90 feet on Parcel C (40 to 55 feet existing plus 35 to 50 feet additional) and 60 feet on Parcel D (50 feet existing plus 10 feet additional). 2. The property is being subdivided and is subject to Collector and Arterial Roadway Improvement Charges. At this time there are too many unknown variables to accurately determine these charges, and therefore these charges will be calculated and collected when the property is further subdivided. 3. Record a cross - access agreement for Lots C and D acceptable to the City. The agreement must provide that the agreement cannot be rescinded or modified without city approval to ensure that the access easement remain intact until some other access is provided to Lot D. 4. Parcel C is subject to a $13,533.31 sewer and water connection fee at the time the property connects to sewer and/or water. The connection fee shall be subject to the Construction Cost Index for the Minneapolis, Minnesota area as reported in the Engineering News Record. 5. Parcel D is subject to a $54,268.55 sewer and water connection fee at the time the property connects to sewer and/or water. The connection fee shall be subject to the Construction Cost Index for the Minneapolis, Minnesota area as reported in the Engineering News Record. 6. Parcels C and D are subject to the Sanitary Sewer Hookup Fee and the Watermain Hookup Fee at the time of connection to the utility at the rates in effect at that time. 7. The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when the property is further subdivided. 8. Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the Subject Property plus two parcels at $10 /parcel). 9. The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. 2 C. GENERAL CONDITIONS OF APPROVAL 1. Iron Monuments. All monuments must be correctly placed in the ground. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 2. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with the development. 3. Responsibility for Costs. A. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. B. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. C. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. D. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and record drawings into an electronic format. All digital information submitted to the City shall be in the Carver County Coordinate system. 4. Miscellaneous. A. Third Parties Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. B. Breach of Contract Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. Severability If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. D. Waivers /Amendments The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. Recording This Contract shall run with the land and shall be recorded against the title to the Subject Property. F. Remedies Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. G. Assianabilitv The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire subdivision, or any part of it. H. Proof of Title Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. 4 CITY OF CHANHASSEN (SEAL) Thomas A. Furlong, Mayor AND: Todd Gerhardt, City Manager PPB Holdings, LP: STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2012, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by (name), (Title) of PPB Holdings, LP, a Minnesota Limited Partnership, on behalf of the partnership DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 NOTARY PUBLIC A EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota, EXCEPT for the South 658.24 feet thereof. EXHIBIT "B" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF THE METES AND BOUNDS SUBDIVISION: PARCEL C The North 420.00 feet of the East 414.86 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota and PARCEL D The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota, EXCEPT for the South 658.24 feet thereof, also EXCEPT the North 420.00 feet of the East 414.86 feet thereof. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT Klein Bank, a Minnesota banking corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2012. STATE OF MINNESOTA ) COUNTY OF ( ss. The foregoing instrument was acknowledged before me this day of , 2012, by NOTARY PUBLIC IV:: 'r1 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227 -1100 C[19[ OF CNANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP Community Development DATE: July 17, 2012 0� . SUBJ: Metes and Bounds Subdivision — 1551 Lyman Boulevard Rick Dorsey — Planning Case 2012 -08 PROPOSED MOTION The Planning Commission recommends that the City Council approve the metes and bounds subdivision creating two lots subject to the conditions of approval and adoption of the Findings of Fact and Recommendation. The applicant is requesting a metes and bounds subdivision creating two lots from a 20- acre parcel. Parcel C is 4 acres and Parcel D is 16 acres. The 40 -acre site is being split into two lots via an administrative subdivision since it is not a subdivision by state statute or city regulations. The proposed subdivision meets city ordinance and staff is recommending approval with conditions. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 2 of 8 BACKGROUND The property owner has requested that the City Council approve a Metes and Bounds Subdivision of Parcel A, creating 4.0 -acre Parcel C and 16.082 -acre Parcel D. The city council may approve a metes and bounds subdivision of a lot into two lots inside the urban services area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public street. The property is currently zoned A2 Agricultural Estate District and is guided Office or Commercial. Administrative Subdivision Metes and Bounds Subdivision Q.S.A.tL_ttQ_L 1L.YMAPLBQULEYARQ .._.._. _. } � I C I e PPStCFI I 1 I 1"Sc � a , . .....L....._:._..,.,,._._._._.. _. rl IJ21. APPLICABLE REGULATIONS Sec. 18 -4. - Restrictions on filing and recording conveyances. (a) Except as provided in section 18 -37, no conveyances of land shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land surveyor to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (6) Is a single parcel of residential or agricultural land of not less than 20 acres having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. i I I I APPLICABLE REGULATIONS Sec. 18 -4. - Restrictions on filing and recording conveyances. (a) Except as provided in section 18 -37, no conveyances of land shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land surveyor to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (6) Is a single parcel of residential or agricultural land of not less than 20 acres having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 3 of 8 Sec. 18 -37. - Exemption. The city council may approve a metes and bounds subdivision of a lot into two lots if both resulting lots meet the minimum requirements of the zoning ordinance and abut a public or private street. To the extent possible, the new boundary line shall be parallel to a previously existing lot line. The city council shall hold a public hearing on the proposed subdivision after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten days before the date of hearing. Chapter 20 Article X The following minimum requirements shall be observed in an "A -2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one -half acres, subject to section 20 -906. A one -unit per ten -acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one -unit per ten -acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Comprehensive Plan The comprehensive plan guides this 40 -acre area as well as the surrounding 80 acres as either office or commercial. As part of the 2030 Comprehensive Plan update the city vetted the community's response to a potential regional life style enter. A land use classification was created. 2.7.4 Regional/lifestyle Center Commercial DeftnitionlVision: A mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive comfortable walking experience for shoppers and visitors and is designed to serve trail users and mass transit as well as automobile traffic. Centers of this type have at least two major retail anchors and are characterized by the diversity and mix of retail and service uses within their boundaries. Uses within this district should complement existing retail users in the other commercial districts. Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 4 of 8 Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. Goods and Services Examples • Entertainment • Department Store • Comparison Shopping • Specialty Retail/Boutique • Restaurants • Hotels • Residential A new zoning district RC (Regional Commercial) was created in the City Code as a part of the PUD Ordinance to implement this land use. The City has given a dual land use of the 160 acres at the southeast corner of Powers and Lyman Boulevards to accommodate this use. The intent of the RC District was that any development proposal was to be of master development plan. Zoning Ordinance Sec. 20 -509. - Standards and guidelines for regional /lifestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional /lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self - sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 5 of 8 monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive Staff's concern with this subdivision is that the ability to master plan this entire site will be diminished. This could reduce the ability of a master planned PUD for the application of the Regional Commercial land use designation SUBDIVISION REVIEW The original property of the proposed subdivision was a 40.018 acre parcel, PID 25- 0230400. The parent property is proposed to be administratively subdivided into Parcel A (northern 20 acres) and Parcel B (southern 20 acres). The property owner has requested that the City Council approve a Metes and Bounds Subdivision of Parcel A, creating 4.0 -acre Parcel C and 16.082 - acre Parcel D. Com liance Table Lot Size Frontage Depth Percent Setbacks Height Driveway Coverage Separation Front 50 Minimum 2.5 acres 200 feet 200 feet 20 feet 35 feet 1,250 feet Rear 50 feet Side 10 feet Lot C 4 acres 320 feet 365 feet 12.5 Meets N/A standards Lot D 16 acres 1 900 feet 1 656 feet 1 N/A N/A *Carver County is upgrading Lyman Boulevard and proposing additional access points. Lot D does not have direct access from a public street. The only available access is via the proposed access drive to Lot C. A cross - access agreement must be created to the benefit of both parcels. Because both parcels are under common ownership the easement could be rescinded; therefore, the city shall be named on the easement document to ensure that the access easement remain intact until some other access is provided to Lot D. Streets The proposed subdivision is adjacent to Lyman Boulevard, which is under the jurisdiction of Carver County. The existing south half of the Lyman Boulevard right -of -way adjacent to the property ranges from 40 to 55 feet. The existing right -of -way is by easement. The property to the west dedicated 55 feet of right -of -way and the property to the east dedicated 67 feet. The preliminary plans for Phase 3 of the Lyman Boulevard improvements adjacent to this property indicate that additional right -of -way is required. The right- of -way dedication for this metes and bounds subdivision shall be consistent with Carver County's requirements. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 6 of 8 The property is being subdivided and is subject to Collector and Arterial Roadway Impact fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. Parcel D is adjacent to Mills Drive, a 31 -foot wide public street within a 60 -foot right -of -way. The extension and alignment of Mills Drive shall be addressed when Parcel D is developed. Utilities The subject property is within the 2005 MUSA area. Sanitary sewer and watermain extension to the 2005 MUSA area was completed with the TH 312/212 Improvements and with the 2005 MUSA Improvements, Phase 1 (City Project Number 04 -05). The assessment rolls for these projects were adopted November 14, 2005. At the time these assessment rolls were approved, the 40.082 -acre parent property was in an Agricultural Preserve District and thus was not assessed, per State Statutes. The assessments were based on the 40.082 -acre parent property, PID 25- 0230400 and are summarized as follows: Project water Assessment Sewer Assessment Total TH 312/212 Project $55,532.75 N/A $55,532.75 2005 MUSA, Phase 1 $26,915.37 $52,884.93 $79,800.30 Property (acres) Parent Parcel $135,333.05 The City can collect lateral connection charges for the metes and bounds subdivision in accordance with Section 19 -20 (a) (3). Staff recommends that the lateral connection fees be prorated among Parcel B of the administrative subdivision and the metes and bounds subdivision, which is summarized below: Prorated Prorated Area % of Total TH 312/212 2005 MUSA, Total Property (acres) Parent Parcel Connection Phase 1 Connection Area Fee Connection Fee Fee Parcel B (administrative 20.00 49.9% $27,710.84 $39,820.35 $67,531.19 subdivision) Parcel C (proposed metes and 4.00 10.0% $5,553.28 $7,980.03 $13,533.31 bounds subdivision) Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 7 of 8 At this time staff recommends that the connection fees for Parcels B and D be deferred until the property is developed. Staff also recommends that the connection fees for Parcel C be deferred until the property connects to sewer and/or water. Deferred connection fees for Parcels B, C and D shall be subject to 6% per year interest. Interest accrual for Parcels B, C and D shall begin from November 14, 2005 which is the date the TH 312/212 and 2005 MUSA, Phase 1 assessment rolls were adopted. Sanitary Sewer and Watermain Hookup Fees have not been paid for the property. These fees shall be paid in accordance with the City Code at the rates in effect at the time of connection to the utility. Lateral sanitary sewer and watermain are stubbed to the east end of Mills Road. If Lot C is conveyed or sold a septic and well inspection will be required. Stormwater The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. Park Fee The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. Fees Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the plat plus 2 parcels at $10 /parcel). Prorated Prorated Area % of Total TH 312/212 2005 MUSA, Total Property (acres) Parent Parcel Connection Phase 1 Connection Area Fee Connection Fee Fee Parcel D (proposed metes and 16.081 40.1% $22,268.63 $31,999.92 $54,268.55 bounds subdivision) TOTALS 40.081 $135,333.05 At this time staff recommends that the connection fees for Parcels B and D be deferred until the property is developed. Staff also recommends that the connection fees for Parcel C be deferred until the property connects to sewer and/or water. Deferred connection fees for Parcels B, C and D shall be subject to 6% per year interest. Interest accrual for Parcels B, C and D shall begin from November 14, 2005 which is the date the TH 312/212 and 2005 MUSA, Phase 1 assessment rolls were adopted. Sanitary Sewer and Watermain Hookup Fees have not been paid for the property. These fees shall be paid in accordance with the City Code at the rates in effect at the time of connection to the utility. Lateral sanitary sewer and watermain are stubbed to the east end of Mills Road. If Lot C is conveyed or sold a septic and well inspection will be required. Stormwater The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. Park Fee The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. Fees Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the plat plus 2 parcels at $10 /parcel). Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 July 17, 2012 Page 8 of 8 RECOMMENDATION Staff recommends approval of the Metes and Bounds Subdivision of 1551 Lyman Boulevard subject to the following conditions: 1. The right -of -way dedication for Lyman Boulevard must meet Carver County's requirements. 2. The property is being subdivided and is subject to Collector and Arterial Roadway Impact fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. 3. Record a cross - access agreement for lots C and D therefore the city shall named on the easement document to ensure that is the access easement remain intact until some other access is provided to Lot D. 4. Parcel C is subject to a $13,533.31 sewer and water connection fee at the time the property connects to sewer and /or water. The connection fee shall be subject to 6% per year interest beginning November 14, 2005. 5. Parcel D is subject to a $54,268.55 sewer and water connection fee at the time the property connects to sewer and/or water. The connection fee shall be subject to 6% per year interest beginning November 14, 2005. 6. Parcels C and D are subject to the Sanitary Sewer Hookup Fee and the Watermain Hookup Fee at the time of connection to the utility at the rates in effect at that time. 7. The property is being subdivided and is subject to SWMP fees. However, at this time there are too many unknown variables to accurately determine these fees. These fees will be calculated and collected when a development plan is submitted to the city. 8. Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of $45 ($25 for the plat plus 2 parcels at $10 /parcel). 9. The existing Lot C paid park fees with the building permit. Future development on Lot D will require that park fees be paid at the rate enforced at the time of development approval. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Proposed Subdivision. 4. Public Hearing Notice and Affidavit of Mailing. gAplan\2012 planning cases\2012 -08 1551 lyman blvd. metes & bounds subdivision\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of PPB Holdings, LP for a metes and bounds subdivision creating two lots. On July 17, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of PPB Holdings, LP for a metes and bounds subdivision creating two lots. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned A2 Agricultural Estate. 2. The property is guided in the Land Use Plan for Office or Commercial. 3. The legal description of the property is as follows: PARCEL C : The North 420.00 feet of the East 414.86 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota. PARCEL D : The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota, EXCEPT for the South 658.24 feet thereof, also EXCEPT the North 420.00 feet of the East 414.86 feet thereof. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: (1) The proposed subdivision is consistent with the zoning ordinance. Finding: The subdivision meets all of the standards of the A2 District. (2) The proposed subdivision is consistent with all applicable cities, county and regional plans including but not limited to the city's comprehensive plan. Finding: The creation of the two lots is consistent with the all plan. (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development. Finding: There is no additional development proposed development at this time. (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter. Finding: City services are available but they are not extended at this time. (5) The proposed subdivision will not cause environmental damage. Finding: There is no pending development so there will be no development impacts (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Finding: City services are available to the property, but are not being connected at this time. 5. The planning report #2012 -08, dated July 17, 2012, prepared by Kate Aanenson, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the application of PPB Holdings, LP for a metes and bounds subdivision creating two lots on property located at 1551 Lyman Boulevard — Planning Case 2012 -08. ADOPTED by the Chanhassen Planning Commission this 17 of July day of 2012. CHANHASSEN PLANNING COMMISSION :• Its Chairman n� cnc+c r'1nIMtT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. , = �.O O 2 CITY OF CHANHASSEN RECEIVED JUN 15 2012 AppliC-aAt Name and Address: J�t 2i i 5 fo L �a Contact: e-t& Phone: Fax: Email: Email: Fi e- k- 8 cep, -t, ',1 Property Owner Name and Address: _ R"-7-e Contact: Phone: Fax: Email: NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit ([UP) Non- conforming Use Permit Planned Unit Development" Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' 1 Subdivision* L+02° (43 00-1_ SSO/t Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign $20 (City to install an ove) An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8 X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. X Esc ow for Filing Fees /Attorney Co '* 50 UP /SPR /VAC /VAR/WAP etes &Bound 0 Minor SUB TOTAL FEE $ 6,S ( ) � P A vhA `� —ip -L SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: , TOTAL ACREAGE: 749.4. WETLANDS PRESENT: V YES NO s I PRESENT ZONING: & Z, .. � REQUESTED ZONING: A PRESENT LAND USE DESIGNATION: 0q— Z REQUESTED LAND USE DESIGNATION: Z � REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: 2 and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. AJ Signature of Applicant Signature of Fee Owner - - 7 '(L / Date T J f Date gAplanVorms\development review application.doc May 21, 2012 Kate Aanenson, Community Development Director City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 RE: Minor Subdivision of Property located at 1551 Lyman Blvd., Chanhassen, MN 55317 (the "Property") Dear Ms. Aanenson: As you know, KleinBank holds a mortgage on the above - described Property. The purpose of this letter is to confirm that KleinBank is willing to consider consenting to the minor subdivision of the above - described Property into several different parcels, provided certain conditions are met as part of the subdivision process and a satisfactory agreement can be reached with the owner of the Property, PPB Holdings, LP and Richard Dorsey, regarding the reallocation of the debt secured by the mortgage that KleinBank currently has on the Property. As part of any minor subdivision process, the bank would need to have new legal descriptions for each of the parcels to be created, confirm approval of the subdivision with the City, and obtain new corrective mortgages from the owner for each new parcel to be created, and satisfactory arrangements made with the owner of the Property regarding the reallocation of the debt secured by the mortgage for each parcel to be created. We look forward to working with the City and Richard Dorsey through the subdivision process. 5i P: Gregory Pete rka President— Chaska Office �oER Member FDIC VANNEQ �a511�kSg� K le ln8 a , na k 2 a ph 952 -448 -2350 • fax 952 -448 - 3300.301 Chestnut Street • PO Box 37 • Chaska, MN 55318 -0037 MBE s ph 952 - 368 -6700 - fax 952 -368 - 6705.120 Pioneer Trail • PO Bax 37 • Chaska, MN 55318 -0037 2011 RECIPIENT www.kleinbank.00m May 21, 2012 Kate Aanenson, Community Development Director City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 RE: Minor Subdivision of Property located at 1551 Lyman Blvd., Chanhassen, MN 55317 (the "Property") Dear Ms. Aanenson: As you know, KleinBank holds a mortgage on the above - described Property. The purpose of this letter is to confirm that KleinBank is willing to consider consenting to the minor subdivision of the above - described Property into several different parcels, provided certain conditions are met as part of the subdivision process and a satisfactory agreement can be reached with the owner of the Property, PPB Holdings, LP and Richard Dorsey, regarding the reallocation of the debt secured by the mortgage that KleinBank currently has on the Property. As part of any minor subdivision process, the bank would need to have new legal descriptions for each of the parcels to be created, confirm approval of the subdivision with the City, and obtain new corrective mortgages from the owner for each new parcel to be created, and satisfactory arrangements made with the owner of the Property regarding the reallocation of the debt secured by the mortgage for each parcel to be created. We look forward to working with the City and Richard Dorsey through the subdivision process. 5i P: Gregory Pete rka President— Chaska Office �oER Member FDIC VANNEQ �zz - S C> F 3 <( o C� cd h Ir i y� F C I IJ� � IJ= F_ I I I I Dm 'J : N89°10'3TW v YL�LAN _�OULEVARQ s. aoNx.. wnex. von an xn. mssx .. Fianco - a ,.era------------------ - - Y r_ "J �v x n ✓ 1321.44 S88 ° 36 59 E , I� I ( J �I I I I I I PROPERTY DESCRIPTION The Northwest Qurta of Ole SambweA Quarter of Seca =23, Township 116, Range 23, Cava County, Minnesota, EXCEPT for the South 658.24 feet thereof. DESCRIPTION FOR PARCEL C The North 420.00 fact of the East 414.86 feet ofthe Nord —A Quana ofthe S=thweat Quarter of Section 23, Township 116, Range 23, Carver County, Mi—M DESCRIPTION FOR PARCEL D The Nodhwen Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minoesota, EXCEPT fee the South 658.24 feet thereof, also EXCEPT the North 420.00 fat of the Beat 414.86 feet thereof. PROPOSED ACCESS V ASEM M An easement for access purpow ova, under and across the North 420.00 feetofthe Wear 80.00 Rct of the Bat 414.86 far oftbeNonhw t Quarter ofthe Southwert Quarter of Section 23, Township 116, Range 23, Cava County, Mi=eance I hereby certify Sun this »wey. Plan or reP -twaa Prepared by me or under any direct mmmim =and than can a duly Ecemed Professional Land Surveyor under the laws of the State o"N"""o" Sign 26th day of y, 2012 For. lama EL HR1.Inc. By. bRV Lrraase No. 12294 Harold C. Peters Land Saveyoe, NOTES ORIENTATION OF THIS BEARING SYSTEM ASSUMES THE NORTH LINE OF THE SW 114 OF SEC. 23, T. 116, R 23 TO BEAR N 89 °1077 W. (CARVER COUNTY COORDINATE SYSTEM) THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT OR TITLE OPINION. A TITLE SEARCH FOR RECORDED OR UNRECORDED EASEMENTS WHICH MAY BENEFIT OR ENCUMBER THIS PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR OVERALL GROSS AREA = 874,782 SQUARE FEET OR 20.082 ACRES AREA OF RIGHT OF WAY- 67,754 SQUARE FEET OR 1.555 ACRES NET AREA- 807,028 SQUARE FEET OR 18.527 ACRES PARCEL C GROSS AREA. 174,240 SQUARE FEET OR 4.000 ACRES AREA OF RIGHT OF WAY IN PARCEL C- 22,630 SQUARE FEET OR 0.519 ACRES PARCEL CNET AREA- 151,610 SQUARE FEET OR 3.481 ACRES PARCEL D GROSS AREA- 700,542 SQUARE FEET OR 16.082 ACRES AREA OF RIGHT OF WAY IN PARCEL D- 45,124 SQUARE FEEL' OR 1.036 ACRES PARCEL DNET AREA- 655,418 SQUARE FEET OR 15.046 ACRES THIS BOUNDARY SKETCH WAS PREPARED WITH INFORMA ION AVAILABLE FROM PUBLIC RECORDS. NO FIELD WORK WAS COMPLETED TO VERIFY SAM INFORMATION. N 6CNE In FUT 0 100 200 300 I mO - 100 1..1 SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 5, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Dorsey Metes & Bounds Subdivision at 1551 Lyman Boulevard — Planning Case 2012 -08 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K en J. E el ardt, LQuty Clerk Subscribed and sworn to before me this S h day of :Tu , 2012. Notary Pu lic Wk r A AA ►.u,�+w►N+nn�nM KIM T, MEUWISSEN Notary Public - Minnesota ww My C"Mi`a" Cx6lres Jon $1, 2015 Notice of Public Hearings Chanhassen Planning Commission Meeting and Chanhassen City Council Meeting Notice of Public Hearings Chanhassen Planning Commission Meeting and Chanhassen City Council Meeting Planning Commission Tuesday, July 17, 2012 at 7:00 p.m. Date & Time: City Council Monday, August 13, 2012 at 7:00 p.m. These hearings may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a metes and bounds subdivision of 20 acres into two 2 lots on pro zoned Agricultural Estate A -2 Applicant: Rick Dorsey, PPB Holdings, LP Property 1551 Lyman Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -08 If you wish to talk to someone about this project, please contact Kate Aanenson by Questions & email at kaanenson(o)ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1139. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 15.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearings Chanhassen Planning Commission Meeting and Chanhassen City Council Meeting Planning Commission Tuesday, July 17, 2012 at 7:00 p.m. Date & Time: City Council Monday, August 13, 2012 at 7:00 p.m. These hearings may not start until later in the evening, depending on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a metes and bounds subdivision of 20 acres into two 2 lots on pro zoned Agricultural Estate A -2 Applicant: Rick Dorsey, PPB Holdings, LP Property 1551 Lyman Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2012 -08 If you wish to talk to someone about this project, please contact Kate Aanenson by Questions & email at kaanenson(a)ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1139. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 15.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ADAM J CARVER ASIM SYED MOHAMMED BARRY S WERNER 1447 BETHESDA CIR 1561 LYMAN BLVD 1470 BETHESDA CIR CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -9403 CHANHASSEN MN 55317 -4749 BHASKAR GURRAMKONDA BRYAN T PETERSEN BYRON D BEHM 1471 DEGLER CIR 9180 RIVER ROCK DR N 1430 JERSEY WAY CHANHASSEN MN 55317 -4750 CHANHASSEN MN 55317 -4758 CHANHASSEN MN 55317 -5317 CHAD & JAN GNIFFKE CHANHASSEN 212 LP CHANHASSEN RESIDENTIAL DEV 1419 BETHESDA CIR 5270 HOWARDS POINT RD PAR CHANHASSEN MN 55317 -4749 EXCELSIOR MN 55331 -8368 7300 METRO BLVD #300 EDINA MN 55439 -2302 CHRISTOPHER R ANDERSON COREY MASLOWSKI CRAIG J PETERSON 1423 BETHESDA CIR 1460 BETHESDA CIR 1340 OAKSIDE CIR CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -6749 CHANHASSEN MN 55317 -9005 CRAIG P PABICH CURTIS L CLEMENTS DAVID L VEGA 9161 RIVER ROCK DR N 1480 BETHESDA CIR 1480 PEMBROKE PASS CHANHASSEN MN 55317 -4758 CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -4756 DEGLER LAND COMPANY LLC ERIC L & JENNIFER L SWANSON FOX PROPERTIES LP 541 PINEVIEW CT 1440 BETHESDA CIR 27990 SMITHTOWN RD CHANHASSEN MN 55317 -8697 CHANHASSEN MN 55317 -4749 EXCELSIOR MN 55331 -7911 GEORGE MURRAY GUNJAN SHARMA HUONG N DANG 1430 BETHESDA CIR 1470 JERSEY WAY 9151 RIVER ROCK DR N CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -8622 CHANHASSEN MN 55317 -4758 JASON R BURCKHARD JEFFREY S & LEE ANN FRANZ JOHN PIETRANERA 1475 MILLS DR 8950 SUNSET TRL 9171 RIVER ROCK DR N CHANHASSEN MN 55317 -4811 CHANHASSEN MN 55317 -9100 CHANHASSEN MN 55317 -4758 JONATHAN R & SHANNON G ABAD JOSEPH ARMSTRONG KEITH M & KAREN S WHITACRE 1439 BETHESDA CIR 1427 BETHESDA CIR 1431 BETHESDA CIR CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -4749 CHANHASSEN MN 55317 -4749 KLAYAN MAVULETI KRAIG R STABENOW MANDEEP S VIRK 1460 JERSEY WAY 1465 MILLS DR 9190 RIVER ROCK DR N CHANHASSEN MN 55317 -8622 CHANHASSEN MN 55317 -5317 CHANHASSEN MN 55317 -4758 MARC GILLITZER MARCO RASGATTINO MARION CHARLES 1461 DEGLER CIR 9141 RIVER ROCK DR N 1440 JERSEY WAY CHANHASSEN MN 55317 -4750 CHANHASSEN MN 55317 -4758 CHANHASSEN MN 55317 -8622 MARK E & MOLLY K WILSON 1443 BETHESDA CIR CHANHASSEN MN 55317 -4749 MATTHEW R RICHARDSON 1452 MILLS DR CHANHASSEN MN 55317 -4811 MINH CAM 1330 LYMAN BLVD CHANHASSEN MN 55317 -9168 PATRICK T MACY 1472 MILLS DR CHANHASSEN MN 55317 -4811 ROBERT J & FRANCINE H JOHNSON 1300 OAKSIDE CIR CHANHASSEN MN 55317 -9005 PPB HOLDINGS LP 14215 GREEN VIEW CT EDEN PRAIRIE MN 55346 -3042 RONALD W & CAROL M ENTINGER 8851 AUDUBON RD CHANHASSEN MN 55317 -9407 PRESERVE @ BLF CRK HOMEOWNERS 4672 SLATER RD EAGAN MN 55122 -2362 STUART B BAKER 8955 SUNSET TRL CHANHASSEN MN 55317 -9126 SUMAN K THAPA THE PRESERVE AT BLUFF CREEK THORIR THORISSON 1462 MILLS DR HO 1435 BETHESDA CIR CHANHASSEN MN 55317 -4811 971 SIBLEY MEMORIAL HIGHWAY #3 CHANHASSEN MN 55317 -4749 SAINT PAUL MN 55118 -2856 TIMOTHY C BOYCE 8941 AUDUBON RD CHANHASSEN MN 55317 -8412 TUOI VAN TRAN WILLIAM FUESZ 8900 SUNSET TRL 1450 BETHESDA CIR CHANHASSEN MN 55317 -9100 CHANHASSEN MN 55317 -4749 WILLIAM J & VICKY L GOERS 1601 LYMAN BLVD CHANHASSEN MN 55317 -9402