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4. 1551 Lyman Boulevard Metes & Bounds SubdivisionCITY OF CHANNASSEN 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 4 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP Community Development DATE: September 24, 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 adopt Resolution, subject to the conditions of approval. Approval requires a simple majority vote of the City Council. (Note: revisions to the report have been shown in a strike - through and bold format.) 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. Park — 7 m 1 + a anhas ark �, ;.fit �\ ills 1 t Y • .� r r �� a .t. -- 1 .,/. _ ter"- S`- r ___ L"R =t.Et R. Access via " .ate Access via _ Mills Drive Lyman Blvd. V 'p i^ ' 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 September 24, 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 Metes and Bounds Subdivision ' -- --- _6.AdL_NQ_ 1L.YMAMRQILEYARQ - .._. i ry - - f 32i a{ 5gg•}5 59 E 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 September 24, 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 Definition/Vision: 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 September 24, 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 September 24, 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 September 24, 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. Comp] ance Table Percent Driveway Lot Size Frontage Depth Setbacks Height 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 900 feet 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 !T.!!!".' m r 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 September 24, 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 (apr -p \""' ""'/ Y' rea' $135,333.05 1 _ O/ ..l T.. +.,1 Total u.. ae � Pr�tCC[ 7 2005 AiiiTC A ral Parent .,. en t D.,......1 T-14 Goff (apr -p \""' ""'/ Y' rea' NN nnee� titles Fee // mo-t,,,, Con'neet Fee Fee Par el B (^.1 mi ye s4division) 20.00 4 9.9% $27 '71 n 8 20 Z c $39 � v 8 cv�J $67 53 1 1 n �vr, ssz - . - � � yz-Trrv:oT Par-eel E (propos metes an bethads s4divisien) 4-09 $5 c am , �sz � $ 7, 980 . 41 '2 yr�.rr Pafeel P ese an n bounds s4divisierr) �p YtJ.081 !� � 4 0 . 1 - 0 3 4 1 � Y0 $22 63 �v-vs $9 99 n7 9 $54 268 cc �✓- - vQT✓ y�r r r�z TOTAL S135,333.05 Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 September 24, 2012 Page 8 of 9 Staff has discussed these assessments with the property owner and has concluded it would be in everyone's best interest to wait until a development comes in before deciding on connection fees. 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: 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. .� IraWFA A 3m 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. Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012 -08 September 24, 2012 Page 9 of 9 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 remains intact until some other access is provided to Lot D. 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. 10. Approval of the metes and bounds subdivision is subject to the recording of the Administrative Subdivision (Parcels A and B). ATTACHMENTS 1. Findings of Fact and Decision. 2. Functional Classification Map. 3. Resolution. 4. Access Location Map. 5. Planning Commission Staff Report dated July 17, 2012. g: \plan\2012 planning cases\2012 -08 1551 lyman blvd. metes & bounds subdivision \staff report cc.doc WIT, 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. 10. Approval of the metes and bounds subdivision is subject to the recording of the Administrative Subdivision (Parcels A and B). ATTACHMENTS 1. Findings of Fact and Decision. 2. Functional Classification Map. 3. Resolution. 4. Access Location Map. 5. Planning Commission Staff Report dated July 17, 2012. g: \plan\2012 planning cases\2012 -08 1551 lyman blvd. metes & bounds subdivision \staff report cc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION 1!,! 7 Application of PPB Holdings, LP for a metes and bounds subdivision creating two lots. On July 17, 2012, the Chanhassen Planning Commission and on August 13, 2012 the City Council held a public and on 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 and City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission and City Council 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 staff report 42012 -08, dated September 10, 2012, prepared by Kate Aanenson, et al, is incorporated herein. DECISION The City Council approves 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 City of Chanhassen the 10 of September, 2012. CITY OF CHANHASSEN Mayor Tom Furlong 2 Figure 7 -11: Functional Classification Map 7 - 20 1 TRANSPORTATION City of Chanhassen • 2030 Comprehensive Plan CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION CREATING TWO PARCELS AT 1551 LYMAN BOULEVARD, PPB HOLDINGS, LP WHEREAS, PPB Holding, LP, represented by Rick Dorsey, have requested a subdivision of their property into two lots of four (4.0) acres and 16.082 acres; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the Chanhassen Planning Commission held a public hearing on July 17, 2012, and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision. WHEREAS, the Chanhassen City Council held a public hearing on August 13, 2012, and September 10, 2012 and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the metes and bounds subdivision for 1551 Lyman Boulevard (Planning Case #2012- 08) for the PPB Holding, LP property legally described as 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, which shall create the following parcels: 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, subject to the following conditions: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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). 6. 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. 7. Approval of the metes and bounds subdivision is subject to the recording of the Administrative Subdivision (Parcels A and B). Passed and adopted by the Chanhassen City Council this 10 day September of 2012. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO ABSENT gAplan\2012 planning cases\2012 -08 1551 lyman blvd. metes & bounds subdivisionVesolution 1551 lyman bivd.doc 2 1551 Lyman Boulevard Access Map ��' :,:� � �� is � ".� � �'� - ��.�� • ;' K yL� ' y � �Y -.4.: N - � '� i $ ?. �~ 4 r � '� �01'i, �.•+� �„ f ��c- ►irY';� �� Y, . te � ;y,• '�1C ) 4 y ..t� � kb• I i"-.� w �• t °� ; t r � , � • .r a° z, :' Access } �4� Mft AP ° � k,, • `fi t u.•,..:" " r ��`ky. ` �, 4 , �.,� ,. �� , "� �� •�- �,r ` v Access P _ jK 1 ti 1 1 x t r 4 9 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: July 17, 2012 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 I (177 11ALIff 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 — � - ----- C,S.9.H._N9 _ jL.YMAHA.QIlLEY93D . �I ! I c gl 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. JY1k 5959E rJ I I J a 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 Deftnition/Vision: 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. Compliance 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 900 feet 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. Starmwater 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. Starmwater 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 am Its Chairman 2 nr rwnr nnruT CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. , = �,)O la —O CITY OF CHANHASSEN RECEIVED JUN 15 2012 r AppIiC'_AAt Name and Address: ffi5 �. 2i S fco L� Contact: 2 e-IL- �Gft�t Phone: - S1L- `7,2V ttFax: Email: Vi e-1-* P Property Owner Name and Address: -5A_A2e�_ Contact: Phone:_ Email: Fax: 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 (IUP) Non- conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 1+bD20 ` 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 k 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'/Z 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 1po wor f Filing Fees /Attorney Co ** UP /SPR /VAC /VAR/WAP etes & Bound Minor SUB TOTAL FEE $ 6S O o_ P 1 Avhev. SCANNED PROJECT NAME: LOCATION: f G LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: Ze oe'$ 2 - WETLANDS PRESENT: YES NO 5ckk-f-t ��8• PRESENT ZONING: &— Z A& leo � REQUESTED ZONING: e—,Z— PRESENT LAND USE DESIGNATION: A- REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: � � j WF FOR SITE PLAN REVIEW: Include number of existing employees: 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. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I furt her 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. Signature of Applicant Date Signature of Fee Owner Date 2 gAplanVormsWevelopment 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. Since P: Gregory Peterka President— Chaska Office LENOM Member FDIC 1111NNEa ��S11�kSg� Kl ei nBp awnr k zy ph 952 -448 -2350 • fax 952 -448 - 3300.301 Chestnut Street • PO Box 37 • Chaska, MN 55318 -0037 MEEK ph 952 - 368 - 6700 • fax 952 - 368 - 6705.120 Pioneer Trail • PO Box 37 • Chaska, MN 55318 - 0037 2011 RECIPIENT www.kleinbank.com 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. Since P: Gregory Peterka President— Chaska Office LENOM Member FDIC 1111NNEa PROPERTY DESCRIPTION The Northwest Qm a of the Sonthwees Quetta of Section 23, Township 116, Range 23, Cava County, h imnsob EXCEPT for the Soolh 65814 feet thaeof. D V SCREEMON FOR PARCEL C The North 420.00 feet ofthe East 414.86 fcet ofthe Northwest Quana ofdle Southwen nI Qlsaster ofS..d..23, Township 116,Raoge 23, Carver County, Mimesots /�/�I Ihl —�) \/ II I .^ \` -• ^� I OF_SCRD'f10N POR PARCEL n any /. so al EXCEPT the Ile oo ty Quanta o Quataof Sec on e the Cav,s <r Comry, Minnesota, for �wth eS 658.24 feet ce th thereof, also EXCEPT Nmsh - �,. 'li. - ec '1317.18 N89 10'3 isv 7'W ax. l•,1�, ": S jI S IB T a 420.00 fees ofthe East 414.86 fees thereof. -.. 1 ... .. ... . .. .... ..... ... coo -............,... -. -.� — — — -_ st _ -_ -_ - C _S. A.H. N9__L$_(LYM -AN EL o QUL E VAf3Q ) s: !n, �- ; - --2: os'o 'so ? "ryii PROPOSED ACCESS EASEM1ffN7 toe.,, ao..mrr ss.un rw oac era. eavx- .. oo —I L°00589 io "r - — A.— tfaaccesepmposeao —, mdamdaaoss th.NOM420.0o&U • J 80.00 feet of 0e East 414.86 [ar of the N011hwea Qn9rta of the SouWwest QaaNV of Section 23, Township 116, Range 23. Carves County, Mmnmta F, 3 i ` PPRCE� C Iherebyeatifydletthi, —.y, plan arepoxtwaspepaedhy— . ? 3 supemision end that I an a duly licensed ProfessionslLand Surveyor mdathe laws ofthe samefMmma Sipp 6,h dry of Y.2012 For: 7amaRHill, lnc. p &, 2 ......_..._._ �, B Herold C. P<taaon,LandSorvrya, MN Li—No. 12294 N .p J NOTES '- ORIENTATION OF THIS BEARING SYSTEM ASSUMES THE NORTH LINE OF TEE SW 114 OF SEC. 23, T. 116, R 23 TO BEAR N S9 °1077" W. (CARVER COUNTY COORDINATE SYSTEM) r� THIS SURVEY HAS BEEN PREPARED WHEOUT BENEFIT OF A TITLE iC (\✓ I COMhET h¢FTT OR TITLE OP ATLIL SEAR FOR RECORDED OR PROPERTYHASNCOMPLE3EDBY THE DRY E1 1321.44 588 ° 36 59 E , OVER GROSS AREA= 874,782 SQUARE FEET OR 20.082 ACRES J 1 J AREA OF RIGHT OF WAY- 67,754 SQUARE FEET OR 1.55S ACRES - t y NETAREA - 807,028 SQUARE FEET OR 18.527 ACRES PARCEL C GROSS AREA - .174,240 SQUARE FEET OR 4.000 ACRES C- AREA OF RIGHT OF WAY IN PARCEL C- 22,630 SQUARE FEET �' ' �•c J OR0.519 ACRES l \ pARCEL C NET AREA- 1S1,610 SQUARE FEET OR 3.481 ACRES ` PARCEL D GROSS AREA= 700,542 SQUARE FEET OR 16.08 ACRES C,1 AREA OF RIGHT OF WAY IN PARCEL D- FEET OR 03 ACRES PARCEL D NET AREA- 655,416 SQUARE FEET OR 15.046 ACRES THIS BOUNDARY SKETCH WAS PREPARED WITH INFORMATIONAVAMA13LE FROM PUBLIC RECORDS. NO FIELD WORK WAS COMPLETED TO VERIFY SAID IJ � INFORMATION. I F� N I � I I SCNE IN Fl 0 100 200 300 1 — = 100 lee, 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. 4 Ken J. E el ardt, uty Clerk Subscribed and sworn to before me this S4 h day of :TLL 5 2012. Notary Pu lic ppp�yq,pp�pAAAAAAAANAANM KIM T, MEUWISSEN Notery Public - Minnesota ux � QWMMj"ilan Exphaa Jan 3 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 kanenson cDci.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 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(d,)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 553174749 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