4. Vacation 0f Pauly Dr. MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Matt Saam, Acting City Engineer/Public Works Director
CITY OF DATE: October 20, 2003
CH~~EN SUB J: Vacation of Pauly Drive Right-of-Way
7700 Market B0ulevar0 Vacation File No. 2003-3
PO Box 147
Chanhassen, MN 55317 REQUEST
Administration
Phone: 952.227.1100 Staff has received a request from Market Street Station, LLP, the developers of the property
Fax: 952.227.1110 at 7880 Market Boulevard (Old Chan Bowling Alley), to vacate the existing right-of-way of
Pauly Drive just south of the recently approved Market Street Station development.
Building Inspections
Phone: 952.227.1180 BACKGROUND
Fax: 952.227.1190
Engineering The existing Pauly Drive right-of-way was dedicated to the City as part of the Easy Rider
Phone: 952.227.1160 Addition final plat in 1991.
Fax: 952.227.1170
Finance DISCUSSION
Phone: 952.227.1140
Fax: 952.227.1110 Currently, Pauly Drive extends 600-feet east of Market Boulevard and terminates as a
driveway entrance to the Chan Cinema. There is no cul-de-sac or other approved turnaround
Park & Recreation at the end of Pauly Drive so City maintenance and/or emergency vehicles have to enter
Phone: 952.227.1120 private property to turn around. The street, in essence, acts as a long driveway to the Cinema
Fax: 952.227.1110
and adjacent businesses. There are no other properties to the south that utilize the street. In
Recreation Center addition, with future plans for a Southwest Metro parking ramp to the east of Pauly Drive, the
2310 Coulter Boulevard
Phone: 952.227.1400 street will not be extended from its current alignment as once thought.
Fax: 952.227.1404
For this reason, staff sees no reason to retain ownership and maintenance of the road. Staff is
Planning & recommending that a minimum 30-foot wide public easement be retained over the existing
Natural Resources utility lines and that a private cross-access easement be supplied for what will now be a
Phone: 952.227.1130
Fax: 952.227.1110 private street.
Public Works RECOMMENDATION (simple majority vote required)
1591 Park Road
Phone: 952.227.1300 Staff recommends that the City Council adopt the following motion:
Fax: 952.227.1310
Senior Center "The Chanhassen City Council approves a resolution vacating the public right-of-way for
Phone: 952.227.1125 Pauly Drive, subject to the following conditions:
Fax: 952.227.1110
Web Site 1. A legal description of the right-of-way to be vacated must be supplied to the City for
v^¥w, ci.chanhassen.mn,us recording.
2. A minimum 30-foot wide public drainage and utility easement will be reserved for
the existing public utilities in Pauly Drive.
3. A 40-foot private cross-access easement must be supplied to the City for recording."
Attachments: 1. Application.
2. Notice of Public Hearing/Location Map
3. Affidavit of Mailing
c: Market Street Station, LLP, Developer
g:\eng\vacations\03-O3~staff report 10-20-03.doc
The City of Chanhassen ,, A growing community wilh clean lakes, qualily schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
08/i$/2003 1i:31 PAX $123375801 DA~GR ~LO~ & UBAN ~00!
C~ OF C~H~EE~
~ MAR~ BOU~D
(~) ~7-1100
DEVELOPME~ R~ APpMCATION
~PL)CA~: 'Mar[:e~ Sir'eeL St~tio,n,. LLP OWNER: Market-Street Stati,0~.
4210 W Old Shakopee Road Same
'
~loomington, MN 55437 ''
~LEPHONE (~ tiroe) 952- 94.8 - 9~02 TELEPHONE'
~mpr~ensNe ~lan ~enoment , ,, Tem~ 8~ Perm~
Interim USG Pe~ V~i~ce
, Non-~o~ing U~ Pe~ Wetland ~e~ion Pe~it
. Plann~ Un~ Development' ~ 7 5 0 .... Zoning ~peal '
, Rezoning Zoning Ordnance ~endmant
S~n Pe~
~ Sign PI~ R~ew x Not~i~tion 81gn
,. ,X.__ S~te Plan Review* $1 5 0 X Escrow for Filing Fees/Attorney Cost**
($50 ~U P/8 P WVAC/V~/AP/Metm
, Subdivision* TOTAL FEE $ $1675 -.
A list of all property ownem within 500 feet o! the boundaNes of the property must be includ~l'with the
applicati=n.
+Twenty-slx ~ll size folded copies of the plans must be' subm~edj including an 8iA'' X 1-1" reduced copy :
for ~aeh plan sheet. ~
~ ,~m'ow will ,I~ r~lulrm:l, for other ~:}plimrl~o~s'thr~uflh lhe de¥~lopnmrd ~ntmet i
NOTE - When multiple applications are processed, the appropriate fee shall be c .h. ar.~ed for each aonlication.
[~hasl-lt~' bran~l fax Iransmitml memo ~ l#o!~g~ ~'
o,~ p~r~ ,o ',0 L,~'-~.-
~15/2003 11:31 FAX 61231175601 DAGIILGR SHARDL0~ & ~ =.~002
PR~E~N~E Market Street Station ~
~DESORI~ION see attached ~
TOTAL ACREAGE 11.4 +/- acres
PRESENTZONING Central Business District and GeDeral Business District'
REQUESTED ZONING PUD -
PRESENT LAND USE DESIGNATION c~r ciai
RHASONFORTHISREQUEST RedeveloDment of bowling alley property to
~ankf retail'~ 9fflce./.restaurants, cinema anc~ park and ride.
Th~s application must be csmpletekl in full and be typewritten or clearly printed and must b~ accompanied by all informstion
and plans required by applicable City Ordinance pmvbions. Before filing this application, you should con~er with the Planning
A detem~inetion of completeness of the apptical~on shall be made within ten business days of spplication subm'f~tal. A written
nob'ce o[ application deficiencies shall be mailed to the applicant within ten business days of appiication. ..
This is to cert~y that I am making application for the described a~tion by the City and that i am responsible for complying with
all City requirements w'~h re, ertl ~o~lhis request This app]ication should be processed in my name a~d I am the'parLy whom
the City should conta~ regarding any matter pertaining to this applical~on. I have attached a copy of proof of ~Wnsrship (either
~Pp,¢at~on. '
I will keep myself ~nformed of the deadlines for submission of m~terial and the progress of this application. I further
undemtand that additional fees may be charged for consulting {ess, feasibir~y studies, etc. with an esi~mate prior b3 any
autho~zatbn to proceed with the study. Th~ documents and info~nst~on I have subm~ed are true and eo~ect to the best of
my knowledge.
The city hereby notifies the applfcant that development review cannot be cOmpleted within 60 days due to public hearin_q
extens!0n loc develo~ D?velopment review shall be completed wilhin 120 dEys unless adcr~ional review -
Sl9~alure oi Appllcar~ ~' / D~te
!
Signature of Fee Owner Date
The applicant should contact staff Tot a copy .of the staff report which will be available on Friday prior to the me~t[n~
if not contacted, a copy of the report will be mailed to the applicant'~ address. ·
NOTICE OF PUBLIC HEARING
CHANHASSEN CITY COUNCIL MEETING
MONDAY, OCTOBER 27, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Market Street Station APPLICANT: Market Street Station, LLP
Vacate Right-of-Way
on Pauly Drive LOCATION' 7880 Market Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Market Street Station, LLP, is requesting the vacation of right-of-way for Pauly Drive, located south of the
former Chanhassen Bowling Alley property at 7880 Market Blvd.
What Happens at the Meeting: 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 Mayor will lead
the public hearing through the following steps:
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 Council discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Matt at 227-1164 or e-mail msaam@ci.chanhassen.mn.us. 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 Council.
Notice of this public hearing has been published in the Chanhassen Villager on October 16, 2003.
Street to be
Vacated
79TH STREET CENTER PARTNERSHIP APPLE AMERICAN LP (APPLEBEE'S) BLOOMBERG COMPANIES INC
C/O AVTAX I NC
684 EXCELSIOR BLVD PO BOX 730
1025 WEST EVERETT RD
EXCELSIOR MN 55331-1935 LAKE FOREST IL 60045-2668 CHANHASSEN MN 55317-0730
CHANHASSEN SUITES LLC ATTN: CHANHASSEN SUITES LLC ATTN:
CHANHASSEN PROPERTIES LLC
JOHN KLINKHAMMER CEO JOHN KLINKHAMMER CEO
570 PAULY DR 11800 SINGLE TREE LN 11800 SINGLE TREE LN
PO BOX 514 SUITE 305 SUITE 305
CHANHASSEN MN 55317-0514
EDEN PRAIRIE MN 55344-5398 EDEN PRAIRIE MN 55344-5398
MARKET SQUARE ASSOC LTD MARKET SQUARE ASSTS II LLC
INFINITY OF CHANHASSEN LLC
PTRSHP 470 78TH ST W
1865 W WAYZATA BLVD
200 HWY 13 W PO BOX 250
LONG LAKE MN 55356-9671
BURNSVILLE MN 55337-2549 CHANHASSEN MN 55317-0250
NATIONAL LODGING COMPANIES INC ROBERT DITTRICH TOM-DON REAL ESTATE HOLDINGS
11800 SINGLETREE LN 826 BROADWAY N C/O DONALD M GUILLETT
SUITE 305 PO BOX 755 13679 DUNBAR WAY
EDEN PRAIRIE MN 55344-5398 NEW ULM MN 56073-0755 APPLE VALLEY MN 55124-5245
WENDY'S INTERNATIONAL INC
PO BOX 256
DUBLIN OH 43017-0256
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
October 9, 2003, 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 Vacation of right-of-way on Pauly Drive at 7880 Market Boulevard - Vacation
File No. 03-03 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.
I~a~n J. E1/'ge~ardt, I/h,~uty Clerk
Subscribed and sworn to before me
this t3~' day of.(~_.4cim,_~" ,2003. ~1~~ ~ ~ ~1 ~~SSA~'
' ~-' ~ Nota~P~c
g:XengXformsXaffidavit.doc