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CAS-08_DORSEY METES & BOUNDS SUBDIVISION - 1551 LYMAN BLVD(Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Business Entity DEED TAX DUE: $1.65 DATE: March 27.2013 FOR VALUABLE CONSIDERATION, PPB Holdings, L.P., a limited partnership under the laws of Minnesota ("Grantor'), hereby conveys and quitclaims to PPB Holdings, L.P., a limited partnership under the laws of Minnesota ("Grantee"), real property in Carver County, Minnesota, legally described as follows: , The North 420.00 feet of the East 414.86 feel of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota TOTAL CONSIDERATION GIVEN HEREWITH IS $500.00 OR LESS. Check hen: if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. Check applicable box. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [... ].) xx I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor PPB Holdings, L.P. a Minnesota limited partnership By: Rador Holdings, LLC a Min" a bility any By Richard A. Dorsey Its: Chief Manager Its: General Partner ECB-1035 Page 1 of 2 City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) ti. That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: 1 rah 2$ 13 By )( Dep.. epu Chanhassen city Clerk Printed Name: rArC)holl Page 2 of 2 State of Minnesota ) SS County of Carver ) QUIT CLAIM DEED This instrument was acknowledged before me on March 4, 2013, by Richard A. Dorsey, as Chief Manager of Rador Holdings, LLC, a Minnesota limited liability company, as General Partner of PPB Holdings, L.P., a Minnesota limited partnership, on behalf of the limited partnership. (Stamp) "= 4� KAREN J. ENGELHARDT I Notary Public -Minnesota Canmisaian E)#rm Jm 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: Marvin A. Liszt, Esquire Bernick Lifson, P.A. 5500 Wayzata Boulevard, #1200 Minneapolis, Minnesota 55416 Telephone (763) 546-1200 (wmfde d noWal o` Title (and Rank . at My commission expires: (monfNday/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE .SENT TO: PPB Holdings, L.P. 14215 Green View Court Eden Prairie, Minnesota 53546 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Business Entity DEED TAX DUE: $1.65 DATE: March 27, 2013 FOR VALUABLE CONSIDERATION, PPB Holdings, L.P., a limited partnership under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to PPB Holdings, L.P., a limited partnership under the laws of Minnesota ("Grantee"), real property in Carver County, Minnesota, legally described as follows: The South 658.24 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota TOTAL CONSIDERATION GIVEN HEREWITH IS $500.00 OR LESS. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [... ].) xx I am familiar with the property described in this instrument and 1 certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor PPB Holdings, L.P. a Minnesota limited partnership By: Rador Holdings, LLC a Minne lire'led 'ability comps By: �//j Richard A. Dorsey Its: Chief Manager Its: General Partner ECB-1035 Page 1 of 2 City Clerk's Certification Pursuant to M.S. 272.162 The undersigned hereby certifies: �( (Check one of the following:) I\ That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: Ma C h — Zo (3 By YAWA � , Deputy hassencrycterk Q ,, Printed Name: ` Kc � � / a netvul� Page 2 of 2 QUIT CLAIM DEED State of Minnesota ) ) SS County of Carver This instrument was acknowledged before me on March fig, 2013, by Richard A. Dorsey, as Chief Manager of Rador Holdings, LLC, a Minnesota limited liability company, as General Partner of PPB Holdings, L.P., a Minnesota limited partnership, on behalf of the limited partnership. KAR NGELHARDT Notary Public -Minnesota My Canm� Expires Jars 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: Marvin A. Liszt, Esquire Bernick Lifson, P.A. 5500 Wayzata Boulevard,#1200 Minneapolis, Minnesota 55416 Telephone (763) 546-1200 f� drafanalc ce� Title(andRank): My commission expires: QGt.r t. - -3/ 'Z-0 / S (modWdaY/yse) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: PPB Holdings, L.P. 14215 Green View Court Eden Prairie, Minnesota 53546 C� LIJ r, LS- PROPERTY DESCRIPTION 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. \ DESCRIPTION FOR PARCEL C A 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 5abJe ri --NW COR. OF THE SW1/4 U LJ v I I\ I r] I L_L_`.' DESCRIPTION FOR PARCEL D OF SEC. 23, T. 116, R. 23 50 � n �(� ' o ,-NORTH LINE OF THE SW1/4 OF SEC. 23, T. 116, R. 23 The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, f i 1 14 U • 1317.18 N 89 °10'37"W I �i� i v i nv (j �/ V L - L_\V i^1 I \ V\ Carver County, Minnesota, EXCEPT for the South 658.24 feet thereof, also EXCEPT the North 0 905.92 — 420.00 feet of the East 414.86 feet thereof. �GtSCn 11�1)E N C. S. A H N 0 18 LYM AN BOULEVARD -400 ________ — — 7wh� vow �--- ------ .S.A. �--- � ---- - o S00° 00� a 49'2j" I -15.04-rROADWAY EASEMENT PER-'/ \ n PROPOSED ACCESS EASEMENT --- 1 - - - - - - - - - - - - - - �T - W ,' N00°a3.25E � DEED, BK. 150, P. 313 N .I 906.15 S89°1037' E , ROADWAY EASEMENT PER DOC. NO. 50332-==-'- 400.00 S89010'37"E - An easement for access purposes over, under and across the North 420.00 feet of the West SB9 e I 80.00 feet of the East 414.86 feet of the Northwest Quarter of the Southwest Quarter of Z I Section 23, Township 116, Range 23, Carver County, Minnesota � N Q b p tip, 3 N V) o I hereby certify that this survey, plan or report was prepared by me or under my direct w I supervision and that I am a duly licensed Professional Land Surveyor under the laws of the 3 o in State of Minnesota. w A \ ✓ o I EXISTING HOUSE N% N D o Signed 's 6th day of May 2012 For: James R. Hill, Inc. -------- ------- 414.86------------------------ U) cO By: � ao.D Harold C. Peterson, Land Surveyor, MN License No. 12294 414.86 =1 0 "J NOTES ORIENTATION OF THIS BEARING SYSTEM ASSUMES THE NORTH LINE OF THE LD SW 1/4 OF SEC. 23, T. 116, R. 23 TO BEAR N 89°10'37" W. (CARVER COUNTY COORDINATE SYSTEM) 1 < n THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT OR TITLE OPINION. A TITLE SEARCH FOR RECORDED OR _ UNRECORDED EASEMENTS WHICH 1N1AY BENEFIT OR ENCUMBER THIS 1321.44 S88°36'59" E PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR. OVERALL GROSS AREA = 874,782 SQUARE FEET OR 20.082 ACRES (�J J 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 C NET 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 FEET OR 1.036 ACRES PARCEL D NET AREA= 655,418 SQUARE FEET OR 15.046 ACRES THIS BOUNDARY SKETCH WAS PREPARED WITH INFORMATION AVAILABLE FROM PUBLIC RECORDS. NO FIELD WORK WAS COMPLETED TO VERIFY SAID INFORMATION. N SCALE IN FEET 0 100 200 1 inch = 100 feet 300 V LO o M W LO z CN CV - to - N O J O) N N M � m v - W W x Z N L< Z in -.4. W o \ CIT to \ice N Qf o WE c) rn Z :z / cc Z 3 i�i Q J = oz CV d Q) M N 0 to Q o �� U w V) Of � < 1--I w z W Q 0 0- O z MAx�0 Z z z LLJ L a �"i O o �_ x� C) M h+1 LLJ > U 4 z Ld w a � CIO 04 a —I _ DRAWN BY PLM DATE 5/29/12 REVISIONS CAD FILE 22871 skt-2.dwg PROJECT NO. 22871 FILE NO. 1-12-040 SHEET 1 OF 1 /> - 6 S 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 H 6, 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'h of July day of 2012. CHANHASSEN PLANNING COMMISSION BY: Its Chairman CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC'RKARING ' PEAINNING CASE NO.2012-08 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, July 17, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a metes and bounds subdivision of 20 acres into two (2) lots on property zoned Agricultural Estate (A-2) and de- scribed as the NW % of the SW % of Section 23, Township 116, Range 23 EXCEPT for the south 65874 feet thereof (1551 Lyman Boulevard). Applicant/Owner. Rick Dorsey, PPB Holdings, LP. The Chanhassen City Council will also hold a public hearing on this request on Monday, August 13, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. A plan showing the location of the proposal is available for public review on the City's web site at www.6chanhassen.mn.us/2012-08. html or at City Hall during regular business hours. All interested per- sons are united to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaanenson&i.chanhassen. mn.us Phone: 952-227-1139 (Published in the Chanhassen Villager on Thursday, July 5, 2012; No. 4655) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abodefghijklmoopgrsto ( n 4 , l Laurie A. Hartmann Subscribed and sworn before me on this .-Lday of 2012 f\ 1 i No blic r ti. TfUUE JEANNETTE DARK s '{ NOTARY FL W - WMMESOTA -w' t6YCOIA'dim E(PIREosewi/13Z .try. v/1 - RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter...............................................$12.59 per column inch CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-08 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, July 17, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a metes and bounds subdivision of 20 acres into two (2) lots on property zoned Agricultural Estate (A-2) and de- scribed as the NW 9. of the SW '/ of Section 23, Township 116, Range 23 EXCEPT for the south 658.24 feet thereof (1551 Lyman Boulevard). Applicaut/Owner. Rick Dorsey, PPB Holdings, LP The Chanhassen City Council will also hold a public hearing on this request on Monday, August 13, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhaasen.mn.us/Z012-08. html or at City Hall during regular business hours. All interested per- sons are invited to attend this public hearing and express their opinions with respect to this proposal. Kate Aanenson, AICP, Community Development Director Email: kaanenson@ci.chanhassen. mn.us Phone: 952-227-1139 (Published in the Chanhassen Villager on Thursday, July 5, 2012; No 4655) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. J was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abodefghijklmnopgrstu Laurie A. Hartmann Subscribed and swom before me on JK this =day of QA,� " , 2012 N blic ?/ JYMMEJEANNETiEBARK j NOTARY PUSUC { $ MY COMMISSION EXPIRES 01131113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch Kate From: rick.d@comcast.net Sent: Monday, September 10, 2012 3:55 PM To: Aanenson, Kate Subject: Re: Resolution 1551 Lyman Btvd.doc Kate, I would like to table and reschedule the subdivision application of my property until the next City Council meeting Monday Sept 24. There are questions and concerns with respect to some of the conditions I received this afternoon and forwarded to my bank for review. The bank needs reasonable time to review the change. They could not assure me they could respond affirmatively in time to consider going forward tonight. Rick Dorsey From: "Kate Aanenson" <kaanensonna.ci.chanhassen mn us> To: "rick d" <rick.d(7a comcast.net> Sent: Monday, September 10, 2012 2:27:11 PM Subject: Resolution 1551 Lyman Blvd.doc Rick, Here is the Resolution that will be approved tonight in place of the Development Contract. Kate Kathryn Aanenson, AICP Community Development Director City of Chanhassen 952-227-1139 "Providing for Today and Planning for Tomorrow" Access • Y Access o' re ,mo,��.e r-r F � f�e f • et,�k�i r ' i Y r CoverCounty (Pu Work.F Rdm(mmr� Lion 11360xrghway 212 EnginwrhV Suite 1 9Ggkway 9Haintemuct Cafogne, 9" 55322-9016 Equipment 91faintenance llfim(952)466-5200 Tat(9S2)466-5223 SUMYiVd9Wapping July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: htti)://www.co.carver.mn.us/dei)artments/PW/highway permits/index.asp Please let me know if you have any questions. Sincerely, Lyndon Robje , P.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S:\R & B\General Road Maintenance\CSAH\18\Letter to Rick Dorsey - Road Access - 07-26-12.doa Carver comity (P-U. 6C Worij 11360IrV&vay 212 Suite 1 OfognS WN 55322-8016 Phone (952) 466-5200 Tar,(952) 466-5223 July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: flQmhdstration Park¢ Enginwring ?ftgfrway Alaintenancr Equipment Waintenance sun>eying (Z'-dapping I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail, 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway permits/index.asp Please let me know if you have any questions. SincALynP.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S:\R & B)General Road Maintenanoe\CSAH\18\Letter to Rids Dorsey - Road Access - 07-26-12.dooc Carver County i t6fc Work Arfmir � tion 1136096g(rway 212 Engineering Suite 1 4(igfrway gtainunancz Cologne WM 55322-8016 Equipment Maintenance Those (952) 466.5200 'FaZ(952) 466-5223 Sunvying et Mapping July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway permits/index.asp Please let me know if you have any questions. Sincerely, Lyndon Robje , P.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S:\R & 13Wener4A Road Maintenance\CW18\Letter to Rick Dorsey - Road Access - 07-26-12.doa Camff County. ftffic Works 11360xrgkway 212 Suite I Cohgn; -WM 55322-8016 Tbw (9S2) 466-5200 Tar,(952) 466-5223 Jury 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: AUmirastrawn Park;, Engineering ..1rigftway 94aintenance EyuTwent 911aintenar" Surwryirrg ez:Mapp rig I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail, 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to aright in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway permits/index.asp Please let me know if you have any questions. Sincerely, Lyndon Robje , P.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S:\R & B\General Road Maintenance\CSAH\18\Letter to Rick Dorsey - Road Access - 07-26-12.60a ca Ft' C n f WO* Mmin4tration rrr -999 1136025ghway 212 EVneedng Su$e 1 9figkway ,Maintenance Cb(ogw, MM 55322-8016 Equipment Waintenanee Now(952)466-5200 Ea;(952)466-5223 Sureeyingefwapp"W July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway permits/index.asp Please let me know if you have any questions. SincALynP.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer SAR & B\Gewal Road Maintenance\rSAH\18\LeIter to Rick Dorsey - Road Access - 07-26-12.doec Gamer County ft6fic Wb#4 113601lighway 212 Suite 1 CbfogtK MW 55322-9016 Tfow(952)4665200 Ear,(952)466-5223 July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: �Eugincering 9frgfrway 9.taintemaa Equipment `taintenance Sumving d 9wanxV I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway Wrmits/index.asp Please let me know if you have any questions. Sincerely, Lyndon Robje , P.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S!\R & B\C,neral Road Maintenance\CSAH\18\Letter to Rick Dorsey - Road Access - 07-26-12.doa Carver County Pub& Works 113607ftghway 212 Suitt 1 Cofogw, MN 55322-8016 clone (952) 466-5200 Tar(952) 466-5223 July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: ,ndministration racks Engineering 7figfrway Maintenance Equipment ,Maintenance Suruying d Mapping I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/departments/PW/highway permitslindex.asp Please let me know if you have any questions. Sincerely, Lyndon Robje , P.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S.,\R & B\General Road Maintenance\CSAH\18\Letter to Rids Dorsey - Road Access - 07-2&12.doa September 29, 2012 Mr. Rick Dorsey CITY OF PPB Holdings, LP 14215 Green View Court CgANgASSEN Eden Prairie, MN 55346 7700 Market Boulevard Re: Metes & Bounds Subdivision —1551 Lyman Boulevard PO Box 147 Chanhassen, MN 55317 Dear Mr. Dorsey: Administration At their September 24, 2012 meeting, the City Council approved your metes and bounds Phone: 952.227.1100 subdivision request subject to the following conditions: Fax: 952.227.1110 1. The property is being subdivided and is subject to a Collector and Arterial Roadway Building Inspections Improvement Charge. However, at this time there are too many unknown variables Phone:952.227,1180 to accurately determine these fees. These fees will be calculated and collected when Fax: 952.227.1190 the property is further subdivided. Engineering 2. Record a cross -access agreement for Lots C and D. Phone: 952.227.1160 Fax:952.227.1170 3. Parcels C and D are subject to the Sanitary Sewer Hookup Fee and the Watermain Finance Hookup Fee at the time of connection to the utility at the rates in effect at that time. Phone: 952.227.1140 Fax: 952.227.1110 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 Park & Recreation will be calculated and collected when the Subject Property is further subdivided. Phone: 952,227.1120 Fax 952.2271110 5. Upon approval of the metes and bounds subdivision, the applicant shall pay a GIS fee in the amount of S45 ($25 for the Subject Property plus 2 parcels at $10/parcel). Recreation Center 2310 Coulter Boulevard 6. The existing Lot C paid park fees with the building permit. Future development on Phone:952.227.1400 Lot D will require that park fees be paid at the rate enforced at the time of Fax: 952.227.1404 development approval. Planning & Natural Resources 7. Approval of the metes and bounds subdivision is subject to the recording of the Phone:952.227.1130 Administrative Subdivision (Parcels A and B). Fax:952.2271110 A certified copy of Resolution No. 2012-51 has been forwarded to the City Attorney's for Public Works recording. If you have any questions, feel free to contact me at 952-227-1139 or by email at 7901 Park Place kaanensonta`�,,ci.chanhassen.mn.us. Phone: 952.227.1300 Fax:952,227.1310 Sincerely, Senior Center CITY OF CHANHASSEN P211 Fax: 952.227.1110 Xw"40v�- Web Site Kate Aanenson, A►CP www.ci.chanhassen.mn.us Community Development Director g.\p1an\2012 planning c \2012-09 1551 lyman bled. metes & bounds subdivision'approval lmer_doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow t CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 9127/12 2012-08 ATTENTION Carole Hoeft RE: Document Recording N Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/24/12 Resolution 2012-51 Approving a Metes & Bounds Subdivision Creating Two Parcels at 1551 Lyman Boulevard, PPB Holdings, LP THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return N For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Rick Dorsey, PPB Holdings, LP copies for approval copies for distribution corrected prints SIGNE Ki euwis n, (952) 227-1107 SCANNED If enclosures are not as noted, kindly notify us at once. CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2012-51 entitled, "A Resolution Approving A Metes And Bounds Subdivision, Creating Two Parcels At 1551 Lyman Boulevard, PPB Holdings, LP" adopted by the Chanhassen City Council on September 24, 2012, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 27th day of September, 2012. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,IVIINNESOTA DATE: September 24, 2012 MOTION BY: Laufenbureer RESOLUTION NO: 2012-51 SECONDED BY: Ernst 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: 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. AA 2. Record a cross -access agreement for Lots C and 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 24 h day September of 2012. ATTEST: Todd Gerhardt, City Clerk/Manager YES NO Furlong Ernst Laufenburger McDonald Tjomhom u�- T Thomas A. Furlong, Mayor ABSENT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 24, 2012 MOTION BY: Laufenbureer RESOLUTION NO: 2012-51 SECONDED BY: Ernst 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: 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. SCANNED 2. Record a cross -access agreement for Lots C and 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 24`h day September of 2012. ATTEST: Todd Gerhardt, City Clerk/Manager YES NO Furlong Ernst Laufenburger McDonald Tjornhom T Thomas A. Furlong, Mayor ABSENT 2 CITY OF CHANBASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 Fax: 952.227,1110 Building Inspections Phone:952227.1160 Fax:952.227.1190 Engineering Phone:952.227.1160 Fax:952.227.1170 t 1, t 10 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 O 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.) Finance Phone: 952.227.1140 The applicant is requesting a metes and bounds subdivision creating two lots from a 20- Fax:952.227.1110 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 Phone:952.227.1120 Park Recreation statute or city regulations. The proposed subdivision meets city ordinance and staff is Fax: 952.227.1110 recommending approval with conditions. 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 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED 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 1v'�1t�t 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 Defm tion/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. Compfiance Table Lot Size Frontage Depth Percent Setbacks I 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 t 365 feet 12.5 Meets N/A standards Lot D 16 acres I 900 feet 656 feet 1 N/A I 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 +sTe`r1:feSi.T. t!'RRIE!!��TI�TT7lT,'!R. !T![l*yllTRn.T'Fog 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 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 $135,333.05 Y.. .. ....- ... .. ... ... .. .. .. .. �. Z. Property Area CM-CRI ,~`• `J' p� _f T_� YO'tl�ttlt Pare Area � ConneetiFee � Prorated 2005 MUSA, 11-hage-1 Conneetion Fee TOGA[ Conneetion Fee Pareel B (adfainisttative Vision) 2998 49.9% $27,710.84 e'n�5 $67,531.19 Paf:eel C (pfed Faeces d betinds subdivision) 4-00 i 0.007 0 $5,553.28 $7-980.03 , c t z c3z iT �3 Pareel E) /��� (proposed metes bounds subdivision) � � �p � YIT.091 40.1% $22 269 L2 $31 999 92 T40TAM 40�1 e1ze�05 Todd Gerhardt 1551 Lyman Boulevard Metes & Bounds Subdivision Planning Case 2012-08 September 24, 2012 Page 8 of 9 0*0 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: 1 . The right of way dedieation fer- this metes and be---ndq qubdiii9inn shall he ennsistent 1A GaEyer C ty _ ents! can feet on u l G inn to cc feet exis4ing _1w zc to cn 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. 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. C PaFeel D :......1.7ert to a $54 268 55 ....we- ....A . eAe e eetion fee t the time the p-.......a. Engineering News Reeer-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. gAplan12012 planning cases12012-08 1551 lyman blvd. metes & bounds subdivisionlstaff report cc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: 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 #2012-08, 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 10t' of September, 2012. CITY OF CHANHASSEN Mayor Tom Furlong i] DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: 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: 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 I day September of 2012. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO ABSENT g1plan\2012 planning cases�2012-08 1551 lyman blvd. metes & bounds subdivisionVesolution 1551 lymm blvd.doe W.. G 6 F.� ssa»y iC. deal SSa:):)d paenalnog uewAl ZSSI CITY OF 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:952.2271110 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. I 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 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 H7ucvG5P __�— L a PM� I rJ` I I I :J 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 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 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 comer 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. Compfiance Table Lot Size Frontage Depth Percent Setbacks I Height Driveway Covera a 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 1 656 feet 1 N/A I 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 $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 10.00/0 $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 Prorated of Total Prorated 2005 MUSA, Total Property Area Parent Parcel TH 312/212 Phase 1 Connection (acres) Area Connection Connection Fee 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 j $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 60/a 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 SAW 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. gAplan12012 planning cases12012-08 1551 lyman blvd. metes & bounds subdivisioMstaff 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 42012-08, 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'h of July day of 2012. CHANHASSEN PLANNING COMMISSION mm Its Chairman tIMIN 1 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No.�p la.. — n CITY OF CHANHASSEN RECEIVED JUN 15 2012 Property Owner Name and Address: 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)` A( Subdivision' W 6004 ssoboi) 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) X VOWIMinor for Filing Fees/Attorney Co UP/SPR/VAC/VAR/WAP etes & Bound SUB TOTAL FEE $_ (,5 O o$ PA Rrreu `1-►o -t An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTALACREAGE: Z�•a8Z WETLANDS PRESENT: ✓ YES NO Z PRESENT ZONING: 0-2- && ,d$ty j2?— REQUESTED ZONING: _ R"—L 1ft' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: Pr Z gj brbe " REASON FOR REQUEST: 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. 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. tz-,' g:\planVrorms\develupmcnt review applicatimAcc •caFt� 03 A71AA1 PROJECT NAME: LOCATION: A- Sj LEGAL DESCRIPTION AND PID: to / 6 2� eiQj2v�C�,�,{z,y TOTAL ACREAGE: 7'0'e'? 2L WETLANDS PRESENT: V YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: /q— 2. REQUESTED LAND USE DESIGNATION: __ 4 - 2- j9& &,S3 REASON FOR REQUEST: 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 1 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. ri g'\,hP\f ms\levelopm nl review applica[im.dx > alF7e 4cax�.�EA nNnss�, K/einBar k 952-448-2350 • fax 952-448-3300. 301 Chestnut Street • PO Box 37 • Chaska, MN 55318-0037 ph ph 952-368-6700 - fax 952-368-6705. 120 PioneerTrail • PO Box 37 • Chaska, MN 55318-0037 xou REc�r�cert 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. 0Member FDIC OCANNED P ApC6t• O /l < F 1321.44 ;J IJ LM PROVFR�DnIMI"IM TheI4 CAw M" vfJe S, 1.Q 1-vl Semmi],TownWp116,PaR l]. Cm Cvmy,Minma'q (.%CFPf /u Je SwJ M111 114a baaf evnONFORP J Tb Nv614 W!W a(W Fia 111 F6 fol of Na NaWwca(Nnvol We $mLLv.4 )AJmMS®ml), imWlp 116, Rn9e l). Cws Gmry, M1LmeW TN )bM1ven QuNof Je 9onLwaQunsu! 9nam3], TeweMp I I6,Rmpll, 41ACmmNry, A4ni "'I IIpFSCF➢!lmge9mJi fi)B 31 Rn bca(Jn6%CFPIIWHW IM.DI fsl lhef F6M6vw( Ae lumn�(mluvpupowaw,mMm6u<JIAe Nm161N 00 kq Moe Wm 60.pOM olbeFM 11<Kf NW NaNM QUN MEe9wJmel lNnsvf SMm E), TwWy II6.Rye]l,Cvw(aury.61®enu 14ee0Ymetiry4Jllie J.91n^rwon vu P9nMAr mewuodu inY 6i�^� mpmam � Wel l u ebJY 4em+N RolwvmJ I mtl SurveyerwJer i6e lem nf�Ae 9wal Miee®u. �Si ]60 Ny of �n: lemee0.NJi loe J II.M6c.v.lmml��aRJ.<n. waLmm W.1aw tl41ii CAI®i lm O➢TMS Blw R Sl mffl Txs-MM LM OF Tf16 6W 11M .C. 21. T 116, R 21 tt-A0. NF9.1 %]'W. (C/.RYP111S%INTY COORUWATE SYSTEM TMR RII0.YFYNASBFP1l A3pARFD IXf1110VfBENEEIT OFA TI118 COMgIFlll'OR TfIISOPMIOM. A]it1E 4FARd FOR REUIIROFD OR yNRpLgp➢D EA35A®f)9Wgd MAY BFNEFlT OR ENLIRAItiR T1119 ➢0.C19tTY XAS NOT BEEN COAPIFIFD B Y TIB 9 V R V EY00. AREAOI RIfMFOFRWAY 03,f)I SOVAR6 piFTfIR1OIAt'RE)6 N6T AREA-FO>,pL 9QUAR8FTiCR d 11111 ACRES ➢ARCYII, SS APSA• 1162109QUAPE FFFf 00.19W ACRE4 MPA W R101If IN WAY W PARM C-1;6M SQVAR[)IIR ptOfl9 w PAR®. CN6IAREA• 1)IA109QUAPRP¢TORJA-IRI ACM pA0.Cm OOR069 AROA•..HE SQU PFET M 160F1AQIi4 ARPA�WOHT6 WAYd PMCHI.O• I1.1116QU FF5t Q 106 ACRE6 PMCFL O MT AREA• 6)]/ I13Q V ARE MT OR I I. 6 ACRES 10 ROVNOI.RY 3REI01 WAS PRFIA W WFORMATON" .ARLE FXI,, ICREC=5 NOF WOR%WA COAfl1£150tt1Y YRAM INpCRMATI[M !CANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, 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. Subscribed and sworn to before me this5~day of u 2012. Notary Put'.,, u lic �. . -.i Clerk An ,, KIM T. MEUWISSEN ' Notary Puollc•MI1lnesota � - X�� My Qpnm Wk- E%P��C. Jen 31, 2015 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. Request for a metes and bounds subdivision of 20 acres into Proposal: two 2 lots on property 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 public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 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 email at kaanensonOci.chanhassen.mn.us or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: 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 apart 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, lease contact the Planning Staff person named on the noti mfion. 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. Request for a metes and bounds subdivision of 20 acres into Proposal: two 2 lots on property 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 public hearing through the following steps: What Happens W 1. Staff will give an overview of the proposed project. the Meeting: 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 email at kaanensonicciilci.chanhassen.mmus or by phone at Questions & 952-227-1139. If you choose to submit written comments, it is Comments: 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 commemial/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. Oftendevelopers 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 553174749 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 PATRICK T MACY 1472 MILLS DR CHANHASSEN MN 55317-4811 ROBERT J & FRANCINE H JOHNSON 1300 OAKSIDE CIR CHANHASSEN MN 55317-9005 SUMAN K THAPA 1462 MILLS DR CHANHASSEN MN55317-4811 TIMOTHY C BOYCE 8941 AUDUBON RD CHANHASSEN MN 55317-8412 WILLIAM J & VICKY L GOERS 1601 LYMAN BLVD CHANHASSEN MN 55317-9402 MATTHEW R RICHARDSON 1452 MILLS DR CHANHASSEN MN 55317-4811 PPB HOLDINGS LP 14215 GREEN VIEW CT EDEN PRAIRIE MN 55346-3042 RONALD W & CAROL M ENTINGER 8851 AUDUBON RD CHANHASSEN MN 55317-9407 MINH CAM 1330 LYMAN BLVD CHANHASSEN MN 55317-9168 PRESERVE @ BLF CRK HOMEOWNERS 4672 SLATER RD EAGAN MN 55122-2362 STUART B BAKER 8955 SUNSET TRL CHANHASSEN MN 55317-9126 THE PRESERVE AT BLUFF CREEK THORIR THORISSON HO 1435 BETHESDA CIR 971 SIBLEY MEMORIAL HIGHWAY #3 CHANHASSEN MN 55317-4749 SAINT PAUL MN 55118-2856 TUOI VAN TRAN WILLIAM FUESZ 8900 SUNSET TRL 1450 BETHESDA CIR CHANHASSEN MN 55317-9100 CHANHASSEN MN 553174749 Aanenson, Kate From: rick.d@comcast.net Sent: Monday, September 10, 2012 3:55 PM To: Aanenson, Kate Subject: Re: Resolution 1551 Lyman Blvd.doc Kate, I would like to table and reschedule the subdivision application of my property until the next City Council meeting Monday Sept 24. There are questions and concerns with respect to some of the conditions I received this afternoon and forwarded to my bank for review. The bank needs reasonable time to review the change. They could not assure me they could respond affirmatively in time to consider going forward tonight. Rick Dorsey From: "Kate Aanenson" <kaanensonl7a ci.chanhassen.mn.us> To: "rick d" <rick.d@comcast.net> Sent: Monday, September 10, 2012 2:27:11 PM Subject: Resolution 1551 Lyman Blvd.doc Rick, Here is the Resolution that will be approved tonight in place of the Development Contract. Kate Kathryn Aanenson, AICP Community Development Director City of Chanhassen 952-227-1139 "Providing for Today and Planning for Tomorrow" Chanhassen City Council — August 13, 2012 Mayor Furlong: Okay, but we'll certainly consider the Rick Dorsey: I think I want to make one further statement then. The piece that I'm referring to is labeled Chanhassen Area Wide Urban, excuse me. City of Chanhassen Alternative Urban Area Wide Review dated April 19, 2012. It's a misleading caption on the graphic in that there is no AUAR that was done that this is a part of and so to incorporate information that's not part of anything that's been through a public process would be wrong, number one. Number two, that the subdivision that I'm looking at and will be bringing forth deals with the existing land use. Has nothing to do with future land use so within the guidance of existing land use it's an inrelevant piece of information that could be misled by, misin, excuse me, misinterpreted by others who may read it and assume that this means something when in fact the picture that's there is not anything that myself or the other property owners included and have even considered. So we want to make sure that it's clear in the public record that we are not considering what's being showed there. It is not part of the AUAR. There has not been an updated AUAR done at this point and that we are working on different ideas for the property and talking to different people and when misinformation goes out such as this it undermines our ability to present information to third parties and have our credibility remain intake. As well from the standpoint of the City in putting a document out that suggests that it is part of an AUAR is false information. So I'd like to have it be taken out. Kate Aanenson: I don't want to get into a big elaborate discussion. I just want to, for the record the position the staff took is any development on this property is going to require an update to the AUAR because we did rezone this, re -guided this property to either regional commercial or an office. The current subdivision is falling underneath the existing agricultural zone. That's why they're able to do the metes and bounds and do the administrative subdivision. Our concern was just to put the property owner on notice that an AUAR needs to be amended. We've looked at some things and the AUAR proposed is consistent. We're not saying that's the ultimate plan but we're just putting that forward as an indicator. Mayor Furlong: And I think you just agree... Rick Dorsey: I just would like it to say that this is not an AUAR that's been done. It could be anything yet. This is not what's showing here anything that the City has approved and that's all I want. I'm not disagreeing that an AUAR has to be done. This graphic is not correct. Kate Aanenson: It says draft but we can. Rick Dorsey: That's all I said. Mayor Furlong: Here's my thought on this, unless the council has any objection, I think it was at your request that we took this item off our agenda tonight. We're going to pick it up on September 10'". You know show us the information and that's a time certainly too that you can give us any information that you believe is false or misleading in the packet and we can evaluate that at that time. Rick Dorsey: That's what I've done. I've provided a letter for the public record. Mayor Furlong: So now we'll see that letter as a part of the staff report or as part of the item Rick Dorsey: Yep, exactly. Mayor Furlong: That we'll see next time and then we can talk about it and consider it. Thank you Rick Dorsey: Okay. 1,5� -og Chanhassen City Council — August 13, 2012 Blue Earth Pirates. Everyone is encouraged to attend the game and cheer the Red Birds onto victory. It's interesting that in just the third season that the Red Birds were re-established here as town ball team for the City of Chanhassen the players, parents and fans have enjoyed great season of victories, with some disappointments. The eighth inning of the game against the Vic's comes to mind personally, but now they get to play in the big show at the state tournament. The Red Birds had a record this year of 21 and 13. General manager Terre Kemble gets the credit for recruiting first year manager Derek Nelson who has done a masterful job of keeping the young men engaged, excited and playing well throughout the season. All of us congratulate the Chanhassen Red Birds for reaching the state tournament and wish them every success in each of their games so congratulations to the Red Birds. Todd Gerhardt: Where's the Mayor's hat? Mayor Furlong: That wasjust for one meeting that I had to wear a hat and I fulfilled that obligation. Todd Gerhardt: We have no idea where that hat went. Mayor Furlong: I'm trying to move on at this point. We'll move onto our council consent agenda items. CONSENT AGENDA: Councilman Laufenburger moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated July 23, 2012 -City Council Verbatim and Summary Minutes dated July 23, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated July 17, 2012 b. Approval of Data Privacy Policy. C. Resolution #201243; Improvements to TH 101 and Pleasant View Road Intersection and Trail Project 11-05: Approve Cooperative Agreement with MnDOT. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Rick Dorsey: Mayor, council members, my name is Rick Dorsey regarding 1551 Lyman Boulevard. I had an item on the agenda tonight that I did pull off the agenda til a future date and within the packet there is some information that I felt was not relevant to the subdivision that's in the packet itself and I've just put forth a letter to make public that I request that that piece of information be removed. If there's any questions I'd be happy to answer them. Mayor Furlong: Any questions? Ms. Aanenson. Kate Aanenson: No, we can review that but again we believe that the maps are kind of looking long term. What we've talked about in the comprehensive plan and we think there's appropriate part of the discussion. Certainly the immediate action isn't going to take place but as we pointed out in the staff report we believe that you have to be thinking ahead and planning what the implications of the subdivision may be so we think it's just good background information for that. SCANNED Aanenson, Kate From: rick.d@comcast.net Sent: Thursday, August 09, 2012 1:36 PM To: Aanenson, Kate Subject: Re: city council Kate, Per my voice mail last night, there are several conditions inserted in the staff report by Paul Oehme which I don't believe are correct and I need to discuss with Paul and/or Todd Gerhardt. Because of time constraints: as I just received the updated conditions last night and Paul has not discussed them with me nor is he available and the City Council meeting is Monday, I am requesting the application be shelved from Monday August 13, 2012 City Council Meeting so the conditions can be reviewed and discussed with me. I also agree to extend the application process until the next City Council meeting availability on September 10, 2012. Rick Dorsey From: "Kate Aanenson" <kaanensonl7a ci.chanhassen.mn.us> To: "rick d" <rick.d ,comcast.net> Sent: Thursday, August 9, 2012 9:57:54.AM Subject: city council Rick, I received your phone message requesting tabling your subdivision proposal for the August 13, 2012 city council meeting. The next available meeting date for the city council is September 10, 2012, therefore the City is taking the additional 60 day extension to process this request as permitted under MN STAT. 15.99. Please confirm the receipt of this email for our records. If I do not receive written receive confirmation of your request I would have to leave your proposal on the August 1P council agenda for their action. Kate Kathryn Aanenson, AICP Community Development Director City of Chanhassen 952-227-1139 "Providing for Today and Planning for Tomorrow" Generous, Bob From: Generous, Bob Sent: Friday, August 31, 2012 10:23 AM To: 'rick.d@comcast.net' Cc: Aanenson, Kate, Oehme, Paul Subject: City Council Hi Rick. The City's consultant is not available to review the issues that were discussed as part of your meeting with Paul Oehme yesterday. We will not be able to incorporate the information in an updated staff report for the September 10, 2012 City Council meeting. In order to get this information properly researched, could you please extend, in writing, the application review process to the next City Council meeting scheduled for September 24, 2012. Thank you for your cooperation in this matter. M. Robert Generous, AICP Senior Planner 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952)227-1131 beenerousc@ci.chanhassen.mn.us CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone:952.2271100 Fax.952.227.1110 Building Inspections Phow 952.2271180 Fax:952,227.1190 Engineering Phone 952.2271160 Fax. 952 2271170 Finance Phone.952.2271140 Fax:9522271110 Park & Recreation Phone 952.227.1120 Fax :952 2271110 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:952.2271300 Fax 952.227.1310 Senior Center Phone :952.227,1125 Fax:952.2271110 Wab Site www.ct chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, AICP Community Development DATE: July 17, 2012 SUBJ: Metes and Bounds Subdivision — 15 51 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 Todayand 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 _. CSAN. N0. 1 0.YMHf 9pl{C/Mp � •..,y,. .-� �.; � r 6 QytG� � 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 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 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 comer 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 StafFs 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. Corn fiance 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 as N/Astand ; Lot D 16 acres 900 feet 656 feet 1 N/A N/A • _I___. - v. ­11Y Z urg.uuwg Lyman nomevam ana 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 $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 Co Phase 1 Connection Area Fee Connection 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 10.00/0 $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 Prorated Prorated Property rtY Area % of Total Parent TH 312/212 2005 MUSA, Total P (acres) 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 Lod' 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. f3. 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 uptil 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 tim a property connects to er and/or water. The connection fee shall be subject to /o per year interest gmmng November 14, 2 5. Parcel D is subject to a $54,268.55 sewer and water connection fee at the timthe property connects to sewer and/or water. The connection fee shall be subject to 6% per year ginning ovember , 5. 6. Parcels C and Dare subject to the Sanitary Sewer Hookup Fee and the Watermain Hookup Feet lw imc of onnection 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 LoYkD� will require that park fees be paid at the rate enforced at the time of development approval. ATTACIEWENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Proposed Subdivision. 4. Public Hearing Notice and Affidavit of Mailing. 9:\plan\2012 planning cases12012-08 1551 lyman blvd. =te & 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 RN Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. Q�20 la — O % CITY OF CHANHASSEN RECEIVED JUN 15 2012 and Address: Property Owner Name and Address: Contact: f , eAz- _P-gg% Phonel.,S2 J31-'72Vy Fax: Email: �, cl<► D .� ch,c, Jt �f— 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' 40e 6 00 -4 g50/10�) Temporary Sales Permit Vacation of Right-ot-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) x El50owMinor for Filing Fees/Attorney Co UP/SPRNACNAR/WAP SUB TOTAL FEE $ 650 o PA Rvr,�,x An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: ,a$ Z CJ YES PRESENT LAND USE DESIGNATION: _ 4-2- REQUESTED LAND USE DESIGNATION: J} - 2J REASON FOR REQUEST: NO J"evcJ�O� 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. I will keep myself informed of the deadlines for submission of material and the progress of this application. t further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to emceed with the study. The documents and information I have submitted are true and Correct to the best of my knowledge. gaPlanV'amstt4yisdc't'GPm l review aPPliaatiOnAm �T i S 9OK"N 9 Kleen8ank A� a ph 952-448-2350 • fax 952-448-3300. 301 ChestM Street • PO Box 37 • Chaska. MN 55318-0037 rns ph 952-368-6700 • fax 952-368-6705. 120 Poneer Trail • PO Box 37 • Chaska, MN 55318-0037 2011 RF(]P�FNr wwwkleinbankcorn 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. P: Gregory Peterka President —Chaska Office L Member mIG OuNkm 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. Subscribed and sworn to before me thisS4h day of 1 .1`- , 2012. _ l Notary Pu lic E-fardt, Dkbuty Clerk T�ME�ISEN bMSotNary Jnnsa1 5eI#KIM y [p100p 3, 2 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 property 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(rDci.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, Welland 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 oommercial/industrtal. • 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 spokespersonlrepresentative 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, lease 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 property 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(d6chanhassen.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, Welland 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 parry 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 or 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 spokespersonimpresentative 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 mmon(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 Induced in the report to the City Council. If you wish to have something to be included In the report, please contact the Planning Stag 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 553174749 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 553174758 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 PATRICK T MACY 1472 MILLS DR CHANHASSEN MN 55317-4811 ROBERT J & FRANCINE H JOHNSON 1300 OAKSIDE CIR CHANHASSEN MN 55317-9005 MATTHEW R RICHARDSON 1452 MILLS DR CHANHASSEN MN 553174811 PPB HOLDINGS LP 14215 GREEN VIEW CT EDEN PRAIRIE MN 55346-3042 RONALD W & CAROL M ENTINGER 8851 AUDUBON RD CHANHASSEN MN 55317-9407 MINH CAM 1330 LYMAN BLVD CHANHASSEN MN 55317-9168 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 WILLIAM J & VICKY L GOERS 1601 LYMAN BLVD CHANHASSEN MN 55317-9402 TUOI VAN TRAN WILLIAM FUESZ 8900 SUNSET TRL 1450 BETHESDA CIR CHANHASSEN MN 55317-9100 CHANHASSEN MN 55317-4749 Carver County ft blic Works 113607ftghway 212 Suite 1 Cologne, MN 55322-8016 Phone (952) 466-5200 Eac(952) 466-5223 July 26, 2012 Rick Dorsey PPB Holdings LP 14215 Green View Ct. Eden Prairie, MN 55346-3042 Dear Rick: ,ndministratiou Par6 Engineering .76glnvay %ainterwnce Equipment 911aintenance Sunrying er Riapping I received your request for an access on County State Aid Highway 18 (Lyman Boulevard). Your request is consistent with the discussion we have been having during the last year or so. The County will allow an access point between your west property line and Sunset Trail under the following conditions: 1. The centerline of the proposed access road cannot be any closer than 660 feet from the centerline of the proposed Sunset Trail or 632 feet from the centerline of your driveway across from existing Sunset Trail. 2. Location and construction standards for the access road should meet City of Chanhassen requirements. 3. The access will be restricted to a right in right out conditional access. 4. Dependent on the land use, a right turn lane will be required on Lyman Boulevard at no cost to the county. 5. The turn lane needs to be constructed to county standards and engineering drawings for the access road and turn lane need to be submitted to our office for review. 6. Additional right of way needed to maintain the turn lane shall be provided to the county at no cost. 7. An access permit will be required. Details can be found on our web site at: http://www.co.carver.mn.us/del)artments/PW/highway permits/index.asp Please let me know if you have any questions. SincARobje LynP.E. County Engineer cc: Kate Miner, Traffic Engineer Paul Oehme, Chanhassen City Engineer S:\R & B\General Road Maintenance\CSAH\18\Letter to Rick Dorsey - Road Access - 07-26-12.doa City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: June 21, 2012 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: July 3, 2012 By: Kate Aanenson, AICP, Community Development Director 952-227-1139 or kaanensonaa.ci.chanhassen.mn.us Subject: Request for a metes and bounds subdivision of 20 acres into two (2) lots on property zoned Agricultural Estate (A-2) and described as the NW %4 of the SW '/4 of Section 23, Township 116, Range 23 EXCEPT for the south 658.24 feet thereof (1551 Lyman Boulevard). Applicant/Owner: Rick Dorsey, PPB Holdings, LP. Planning Case: 2012-08 PID: 25-0230400 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on June 15, 2012. The 60-day review period ends August 14, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on July 17, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 3, 2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco LOCATION MAP METES & BOUNDS SUBDIVISION 1551 LYMAN BOULEVARD PLANNING CASE 2012-08 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/10/2012 3:35 PM Receipt No. 00192604 CLERK: AshleyM PAYEE: Public 1551 Lymand Blvd Planning Case 2012-08 ------------------------------------------------------- Notification Sign 200.00 Recording Escrow 50.00 Administrative Subdivision 150.00 Metes & Bounds Subdivision 400.00 GIS List 54.00 Total 854.00 Cash 0.00 Credit Cd 854.00 Change 0.00 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Uff OF (952) 227-1100 To: Mr. Rick Dorsey PPB Holdings, LP 14215 Green View Court Eden Prairie, MN 55346 Invoice SALESPERSON DATE TERMS KTM 715/12 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 1551 Lyman Blvd. (18 labels) $3.00 $54.00 TOTAL DUE $54.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for July 17. 2012. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2012-08. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI 1551 LYMAN BLVD METES & BOUNDS SUBDIVISION - PLANNING CASE 2012-08 $150.00 Administrative Subdivision $400.00 Metes & Bounds Subdivision $200.00 Notification Sign $50.00 Recording Escrow $54.00 Property Owners List $854.00 TOTAL $854.00 Less AMEX payment $0.00 BALANCE August 13, 2012 To: Mayor and City Council of Chanhassen Re: Information in tonight's staff report included in packet related to proposed subdivision of 1551 Lyman Blvd house and 4 acres from a 20 acre parcel. Honorable Mayor and Mayor Council Members, On Wednesday August 8, 2012 I requested the public hearing regarding the subdivision of the house at 1551 Lyman Blvd be postponed to a future meeting. After reviewing the staff report I asked that as I was postponing the item that the report not be included in the packet being made public as there was a graphic included which was very misleading and not relevant to the subdivision being considered. If the packet needed to go out I requested that the graphic be removed because it did not reflect a plan we were doing or planned to do and was not relevant to the subdivision application which was being done within the current land use. Further it suggests it is a part of an AUAR for the City of Chanhassen. This is not the case as an AUAR with such information does not exist. As a property owner this graphic does not represent anything that we have considered as a development plan for the property or work done by others that we agreed with. I am surprised by seeing this graphic being made public in this context and that it would be made public without the input of the property owners in a manner that suggests to those reading it that it has been part of the public process. In that this is misinformation to anyone who may read it, I request that it be officially removed from the public record. Failure to do so could undermine the creditability of the property owners making disclosures with respect to the property and impacting their negotiations; as well for the City as it is not part of an AUAR that has been completed. Sincerely, August 13, 2012 To: Mayor and City Council of Chanhassen Re: Information in tonight's staff report included in packet related to proposed subdivision of 1551 Lyman Blvd house and 4 acres from a 20 acre parcel. Honorable Mayor and Mayor Council Members, On Wednesday August 8, 2012 I requested the public hearing regarding the subdivision of the house at 1551 Lyman Blvd be postponed to a future meeting. After reviewing the staff report I asked that as I was postponing the item that the report not be included in the packet being made public as there was a graphic included which was very misleading and not relevant to the subdivision being considered. If the packet needed to go out I requested that the graphic be removed because it did not reflect a plan we were doing or planned to do and was not relevant to the subdivision application which was being done within the current land use. Further it suggests it is a part of an AUAR for the City of Chanhassen. This is not the case as an AUAR with such information does not exist. As a property owner this graphic does not represent anything that we have considered as a development plan for the property or work done by others that we agreed with. I am surprised by seeing this graphic being made public in this context and that it would be made public without the input of the property owners in a manner that suggests to those reading it that it has been part of the public process. In that this is misinformation to anyone who may read it, I request that it be officially removed from the public record. Failure to do so could undermine the creditability of the property owners making disclosures with respect to the property and impacting their negotiations; as well for the City as it is not part of an AUAR that has been completed. Sincerely, August 13, 2012 To: Mayor and City Council of Chanhassen Re: Information in tonight's staff report included in packet related to proposed subdivision of 1551 Lyman Blvd house and 4 acres from a 20 acre parcel. Honorable Mayor and Mayor Council Members, On Wednesday August 8, 2012 I requested the public hearing regarding the subdivision of the house at 1551 Lyman Blvd be postponed to a future meeting. After reviewing the staff report I asked that as I was postponing the item that the report not be included in the packet being made public as there was a graphic included which was very misleading and not relevant to the subdivision being considered. If the packet needed to go out I requested that the graphic be removed because it did not reflect a plan we were doing or planned to do and was not relevant to the subdivision application which was being done within the current land use. Further it suggests it is a part of an AUAR for the City of Chanhassen. This is not the case as an AUAR with such information does not exist. As a property owner this graphic does not represent anything that we have considered as a development plan for the property or work done by others that we agreed with. I am surprised by seeing this graphic being made public in this context and that it would be made public without the input of the property owners in a manner that suggests to those reading it that it has been part of the public process. In that this is misinformation to anyone who may read it, I request that it be officially removed from the public record. Failure to do so could undermine the creditability of the property owners making disclosures with respect to the property and impacting their negotiations; as well for the City as it is not part of an AUAR that has been completed. Sincerely, 12--656 Chanhassen Planning Commission —July 17, 2012 2. The proposed deck cannot be covered or enclosed at a future date. 3. Any proposed drainage, erosion control and grading must be shown on a plan and cannot be more than is required to meet the requirements of this project. The applicant shall work with staff to incorporate remedies to the erosion problems on the western portion of the site. 4. The applicant must demonstrate that the patio cannot be constructed without retaining walls. Further, any walls determined necessary must be the minimum height needed to achieve the above parameters. 5. Any retaining walls exceeding 48 inches in height require a building permit and professional design. 6. The top and toe of any wall determined necessary should be shown on the plan. Proposed finish elevation shall be shown on the southerly extent of the patio. 8. No tree removal may occur as a result of this project. 9. The existing hardcover must be reduced to no more than 25.9% of the lot area 10. There shall be no expansion of the water -oriented structure located on the site unless the portion of the proposal located in the Shoreland Management Setback is removed. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: METES AND BOUNDS SUBDIVISION: REOUEST FOR A METES AND BOUNDS SUBDIVISION CREATING TWO LOTS ON PROPERTY ZONED AGRICULTURAL (A-2) AND LOCATED AT 1551 LYMAN BOULEVARD. APPLICANT/OWNER: RICK DORSEY PPB HOLDINGS, LP, PLANNING CASE 2012-08. Aanenson: The applicant is requesting a metes and bounds subdivision to create two lots from a 20 acre parcel. Parcel C is 4 acres and Parcel D is 16 acres_ The 40 acre parcel is being split into two lots via an administrative subdivision, and I'll go through this in detail in a minute. So the administrative subdivision by State Statute requires city approval on that. That action has not taken place yet. The proposed subdivision does meet the metes and bounds would meet the city ordinances with conditions of approval. So the subject site is located on Lyman Boulevard. Even for an administrative subdivision to occur properties have to have access to the site so the two access points right now, so when we look at the subdivision which I'll show you in a second, the administrative subdivision, there's an access point via this street here which is on the LDK development. The Preserve and then the other one's over the existing driveway so that allows the first split of the property. There were several applicable regulations which I'll explain in a little bit more detail as we go through the development itself but again the main one is that the City can approve a metes and bounds subdivision so this is different than a plat. It's a metes and bounds but it has to have access onto a public right-of-way is one of the criteria so we haven't seen too many of these specifically since my tenure here. This is the first time we've done a metes and bounds with this type of thing inside an urban service area. Typically they're platted. So the other, and as I explained it is exempt. The metes and bounds from the subdivision. Excuse me, the administrative is exempt. The metes and bounds does require city approval. Chapter 20 also comes into consideration and that's the density. If you're outside the urban service area we have a requirement of density allocation. SCANNED Chanhassen Planning Commission — July 17, 2012 Again because you're inside where there's sewer and water available, although none's being provided to this site, the lots could be smaller. Again the comprehensive plan comes into play too. The site is currently zoned agricultural but it has commercial or office, commercial mixed use on it or office zoning so again some of those things and I'll talk a little bit more in detail regarding how the plat works. So the administrative subdivision, so this is the parcel. So now both of these parcels do have to have, Parcel A and Parcel B both have to have access onto a public street in order to qualify to make them exempt from the process they have to have public access. As I pointed out on the other slide they both have access to a public street. So once that is split, and again that has not been executed yet, the next step would be to create this metes and bounds subdivision so Parcel A then is being split into Parcel C, 4 acres and Parcel D, the 16 acres. So one of the conditions that was put on this regarding access is that Parcel C and D are being, are sharing a common easement. Because there is no, currently no access approved on the site. While the County is looking at upgrading Lyman Boulevard, those plans have not been approved and at the direction of our City Attorney recommending putting in the easement requirement, a cross access agreement in the name of the City because right now they'd both be under one name. Both properties are owned by one person and it could be removed. To make sure again as the requirement states, that they have to meet the requirement of having access. So some of the other issues that are in this, again inside the urban service area is different requirements. It's pretty rare that we would do something like this. Normally someone would plat and have a development proposal. There are urban services available. Because this is zoned agricultural, any further development is not consistent. Any other development that would come in would have to apply for either the regional commercial zoning, which we created, or the office zoning as you note it is dual guided so there is no development on this project already. The home is being serviced currently by septic and well. Of course there is utilities available but they would have to come in for another project approval consistent with the comprehensive plan to move forward on that. And one of the things that we pointed out in this report is that in order to get the regional commercial zoning district we put in place that it has to come through a PUD process, which means it needs to be master planned and that would mean that we look at the entire thing regarding road circulation, utility services so it's provided in an efficient manner. Not that we just incrementally take down certain parcels so one of our concerns with this metes and bounds and the administrative subdivision. It's just advising the owners that they have to take that into consideration in moving forward with a development proposal in the future and concerns that they would be able to still exercise that option. Then engineering did review this too regarding the streets. Access as we talked about. Lyman Boulevard is under the jurisdiction of Carver County and they are proposing to upgrade this road. Again the plans have not been approved to date and had bids awarded or anything like that so it's our, it's at our discretion we want to make sure that we have control over that. That we haven't landlocked a piece of property because that's our obligation so when those plans are approved, and there is another easement then we can be removed, or another access point then we can be removed from that easement and we think that's important for if something was to happen and one of the properties changed hands, which has happened and then we've got a landlocked piece of property. Again we talked about utilities. There are utilities to this area. There is additional utilities talked about for development. We've talked about potentially another water tower somewhere in this area but there are sewer and water available but again when we come in for a master plan for the rest of this property we would see how that all lays out. In addition the City can collect some lateral fees. This was put into your report. This same report's going forward to the City Council. Typically the, whether someone was to appeal those fees on how those are being applied is really the jurisdiction of the City Council. It's put in here for your edification but I'm not recommending that you go into the discussion on that because that would be something that the City Council would look at. Again part of this report is to be comprehensive and let the property owner know what kind of, what issues are coming in the future so that's why that was put in place and so all the fees regarding charges and potential fees would be included. Having said that, we didn't address the stormwater because we do believe this property will be further subdivided and stormwater fees, the nexus or the time for that extraction would come when that's platted. In addition I want to clarify the park fee. The existing home did pay a park fee. We did put a condition in there regarding Lot D for further development, but if Lot C 9 Chanhassen Planning Commission — July 17, 2012 is also further developed, additional park fees would be required for that so I've modified that condition to say the future development on Lots C and D for park fees would be collected at the time, at the rate in force at the time of that development. So with that I'll just kind of go through the compliance table for the project itself. It does meet the requirements of the zoning district so again we noted in here that there's a separation of driveways because Carver County's upgrading Lyman Boulevard, they will have the jurisdiction of some of those separation of the driveways. That would be under their jurisdiction. Again we talked about the fact that Outlot, that the Lot D does not have direct access so we want to make sure that that cross access is in place and that the City is named on that. So with that I'd be happy to answer any questions you have. Again we are recommending approval with conditions so with that I'd take any questions you may have. Allen. I think the report's very thorough. I think it is over inclusive which is great. I agree with your comment regarding the fees. I don't think that it's our purview to get involved with the fees. If they want to bring that up or the applicant wants to bring fees up they should do so with the City and I think we would be over stepping our jurisdiction as a planning commission in attempting to do that. And I don't have any real questions based on the. The applicant doesn't have anybody coming forward at this time to develop? Aanenson: No. I'll let him answer the questions on why they're proceeding in this manner, yep. Aller: Anybody else have any questions for staff? Hokkanen: I have a question for staff. Kate. Aanenson: Yes. Hokkanen: This neighborhood preserve, was that whole neighborhood, was it like the perimeter of it and the homeowners association? Aanenson: Correct. Correct. Again we did receive quite a few calls because there was a sign on the property and yeah I think people thought there was pending development on that but again because there's no sewer and water being proposed with this development, it doesn't have the development rights. It's also, even putting housing on there would be inconsistent with the comprehensive plan at this point so yes, we did receive calls and no we didn't notify more than just the HOA's. Craig Pabich: Can I ask a couple questions? Aller: Is this the applicant? Aanenson: No. Aller: Well let's have the applicant step forward, if the applicant wants to speak on the proposal or request and then we're going to open the public hearing and you can ask questions sir. Craig Pabich: Thank you. Rick Dorsey: Good evening. My name's Rick Dorsey. Aller: Welcome Mr. Dorsey. 10 Chanhassen Planning Commission — July 17, 2012 Rick Dorsey: I have read through, I just got this information on Thursday so I've read through it and for the most part it's telling what's happening. The subdivisions are being done just for personal purposes. Estate planning. Financing purposes. It is agricultural property still and it is being subdivided within the guidelines of agricultural property. We are not developing anything at this point in time. When something comes along that will happen at that point in time. I have a couple of comments. Actually I met with, yesterday with the engineering department or the staff and we discussed a number of things. One of them dealt with the right-of-way easement. Or excuse me, not right-of-way. The easement for access to the secondary property. The County has told us that they will provide an access point in the northwest comer of the property. Whether the road is built or not is really a moot point if we have the access to the property. That's just meaning if we need it, something has to, you know we can come off the road, the County road into the property and if we can do that that's access so I don't know that there's a need for additional tying in with the City and dealing with access points. Did you find out anything Further? You were going to talk to them. Shamla: We talked that over with the City Attorney and he believed that we should continue that access because we do not have a guarantee yet from the County that that will, that access will go in until the plans are final. Rick Dorsey: Did you talk to the County? Shamla: 1 did talk to the County and they have not fmalized the plan on that yet. Rick Dorsey: And what is holding it up? Shamla: That I don't know. Rick Dorsey: Okay. I've been dealing with the County for probably 6 or 8 months in dealing with Lyman Boulevard upgrading and the County had no problem with the access point and the only thing that's held it up is the City and I'm not sure why. It's an issue between the County and myself. It's a county road and they have no problem with the access to it and they've sent us a letter already previously saying that they would provide that. It meets the guidelines for the County so if we need to provide that information we can do that. We're not trying to do anything, not looking at trying to do something and rescind anything. You know there's other ways to provide access to it without the easement that's being put in place that I put in as a private easement. The concern that I have there is if it suddenly becomes a public easement it may take away value from the property because it no longer is. It's got a lien that the City has to accept or agree to relinquish. They may never want to relinquish it. I don't know what would happen in the future. Some future date so it's, we're not looking to give away land at this point in time and take away it's value so to speak. So you know we have been told by the County that there is the access point which would be to Parcel D at the northwest comer of the property. If we need to further that we can get further information for that. If that's an issue still going on in the future I'd want to modify the easement and provide a, I mean the easement would not have to go all the way down the side of Parcel C. It could go in 50 feet. 75 feet. Whatever it is to provide access to that other parcel. If there's a reason for the City to be connected to it and I wouldn't have a problem doing that but I don't think there's a need to go 400 feet and 80 feet wide or 60 feet wide or you know the way I did it for private purposes. The other comment dealing with the right-of-way dedication for Lyman Boulevard must meet Carver County requirements. There is no plan in place with Carver County at this point in time so there's no way that I can agree to meet any right-of-way dedication requirements at this point in time because there's no plan. There's no project. There's the possibility of a project and I'm being told that I can't get the access point at the northwest comer because there is no project so it's a double, you know coming back at me both ways so I can't agree to provide dedication of right-of-way for Lyman Boulevard and again that's an issue between myself and Carver County when they do put a proposal it Chanhassen Planning Commission — July 17, 2012 together and come to me and say we would like additional right-of-way or not_ That will be something that I believe is my right to discuss with them and it's not involving the City. With respect to the fees, as Kate said, those are things that we do have some questions about at this point in time and we tried to get some of them answered between Thursday when we got it and they're not completely answered yet so you know we'll deal with those between now and the time we go in front of City Council. So I think there's really just the two issues that were there that don't deal with fees and those are my comments on them and I tried to talk with the engineering department and I didn't get response back today so this is news to me what I'm just hearing right now and but I'm certain we can get, we asked the City to send a letter to the County saying that they don't have a problem with that access point because that is all the County is waiting for is their agreement and if the City has an issue we'd like to know what the issue is. If we just want the touch point, we're not talking about roads going internal, where they're going or anything like that, how they would impact anything. We just need the touch point to provide access because it's agricultural property still at this time. Any questions? Aller: Any questions? Tennyson: Am I understanding correctly, oh that's loud. That you're okay with all of the recommendations and the conditions except for 1 and 3? 1 being kind of a moot point and. Rick Dorsey: No. No. They're all the ones dealing with fees we said are not relevant here tonight. That's my understanding, correct? Aller: Correct. Rick Dorsey: Which is all of them except I believe 1 and 3 are the only ones we're dealing with, is that correct? Aller: Well substantively I think it's appropriate for us to deal with the conditions that are on there. The conditions, the fees as set I don't think we are responsible or have the ability to come in and negotiate with you or make comment or recommendation appropriately to the City. The City and the City Council will decide that portion. Rick Dorsey: Correct. Aller: So I think what the commissioner is asking is with regard to the rest of the conditions you're fine with those. It's just 1 and 3 and of course... Rick Dorsey: Well all the rest of, as 1 read them quickly all the rest of the conditions I believe are dealing with fees except for number 1 and number 3. Is that correct? Tennyson: And you have an issue with 1 and 3. Rick Dorsey: Well they're the only two that don't deal with fees and I do have a question with them or a concern for them, correct. Shamla: Commissioners I do have a comment regarding number 1. 1 did talk to Carver County at the end of the day today and the plan for Lyman is close to being finalized on the right-of-way dedication and they're hoping to get me the numbers for right-of-way dedication prior to the council meeting. Rick Dorsey: I've got no contact with them saying anything of the sort so I mean that's what I have to go off of. 12 Chanhassen Planning Commission — July 17, 2012 Aller: Sure, and we have to go off of the report that we receive from them so what I think we're all doing is trying to sift through here and think about what we can do that will work for you to move this forward on your behalf without at the same time prejudicing the City because I certainly understand the City's rights and desire to maintain the ability to have those accesses because we don't know what the County is going to do and we don't have, and we're hearing from them it's coming and we don't want to do anything and put it in stone and make you promises or make decisions based on information that doesn't come to light so. Aanenson: Mr. Chair if I may. Again as we indicated this is going to the City Council on August 19*. We have plenty of time to modify it right. To make some modifications. The applicant also, if we get that information prior to that meeting and wants extra time can request some extra time. You know push it back 2 weeks from that council meeting but I think you've clearly stated the goal here is to identify everything that's coming forward right now in the staff report. Clearly he has objections with a lot of those but the ones that are in your, kind of your jurisdiction regarding the easement, if you wanted to comment on that or some of those but I think the rest of it. Allen. And which leads I think to, and I may be over stepping here, let me know. If we were to approve and make a motion based on the report and approve as it sits today, based on the information that's coming in from the County, or we expect from the County, what alterations would there be and would that satisfy the applicant. Aanenson: Yes, and obviously the council can add to, take away based on that information, right. Alter: They have the ability to do whatever they want to as it relates to them. Aanenson: Exactly. Right. Right. Aller: But if we were to move forward and make the motion to approve the Findings of Fact in the report and move forward, I guess the ultimate question is understanding that we're expecting the information from the County and for them to have that access. What does that do with conditions I? Does it remove it? Aanenson: No. I think right now you have to leave everything in there. It may be modified at the council level, or prior to the council meeting if we get information. Aller: And that's my question. At that time. Aanenson: Right. But if. Aller: If hypothetically they come in and say yes, we're going to allow this and we're going to have the access point then does that condition become moot or are we going to remove the? Aanenson: Or it might be modified based on what the City Attorney said. Until the plans and specs have been approved we don't have a road so we don't have that you know so I think we're just trying to protect that we don't have a land locked piece and you know having a driveway access does that constitute a secondary access so we can certainly look at that and we were aware of that I think after Mr. Dorsey got the report. But as he said himself it's kind of a chicken and egg. Is the road, right. So again we were trying to be comprehensive and for his purposes to show all the potential so he knows going forward what could be the expectations and hopefully some of these can be resolved before we go to the report to the Planning, or excuse me to the City Council goes out we'll have more information on that. 13 Chanhassen Planning Commission — July 17, 2012 Rick Dorsey: I guess the big question I have is how does this impact me, you approving it with conditions that I don't agree with or whatever. How does that impact me going forward? Aller: What happens is the recommendation goes to the City and then they ultimately have the authority. They can modify. They can reject our recommendation in total if they wanted to. Rick Dorsey: So they can change the recommendation? Aanenson: Oh yes. Aller: Or they can change it and that's why I just wanted to see so that people out there that are listening and yourself and the rest of the commissioners and myself understand where we're headed with it so that we know what the impact of the information that's being presented to us is ultimately so it sounds to me, as I'm kind of working through this, that if we approve this the way it is, that's your worst case scenario and you can decide not to go forward with it. Just because you have the right to do it doesn't mean that you will. Rick Dorsey: Right, right. Aller: And if the fees are too high ultimately you may say I'm going to put it off until I can afford it or until I have a plan or project in place or not. That's your business. It's your property. What we want to do is make it so that we can protect the City's rights and at the same time give you the ability to use your property as best we can to the way you want to. Rick Dorsey: So from the standpoint of being agricultural property I'm able to subdivide it as we're talking about it's remaining agricultural property, correct? Aanenson: That's correct. Rick Dorsey: I mean that's all remaining the same. I have to meet the criteria that there's access to all the parcels from a public road, and does that mean direct access from a public road or? Aanenson: Correct. Rick Dorsey: Because there, I mean even if I give it a co -easement on the private easement I'm looking at, that's not direct access to a public road necessarily is it? Aanenson: Well in our opinion having a cross access agreement will give you access to a public street. If the County has jurisdiction on Powers Boulevard they may not allow, they have the authority to say where those access points can be. They've already given you one, and there's no additional homes on that other one so you have an access, but they do have jurisdiction over the access points on Powers. Rick Dorsey: I guess I'm thinking about Parcel D. Aanenson: Yep. Rick Dorsey: You know the cross easement you're talking about I'm trying to understand how that provides direct access to the county road because there's no other road that's anywhere there. You're just saying there's an easement for one going in and then I'm not understanding that that's really providing what you're asking for. 14 Chanhassen Planning Commission — July 17, 2012 Aanenson: It does meet the intent because right now the only thing you could put on there would be one home so you have two homes off of a private street which is permitted by ordinance_ You may have to upgrade that street so. That easement. Rick Dorsey: Oh you're saying, okay. Aanenson: We have to be prepared that, the City has to look at it if in fact that, something was to happen and the property got sold and somebody chose to put a house on there, could they get access to their property - Rick Dorsey: I understand that so. Aanenson: And the control point is you have, the easements in both your names and if for some reason you didn't have control of Parcel D and you said you can't have access to that, then we've got a land locked property. Rick Dorsey: Right, I couldn't sell it anyway that way but irrelevant at that. So if we talk between now and the City Council meeting, we talk to the County and they say they're fine with the access point onto Lyman Boulevard then this is a moot point. Aanenson: Right. But there's other ways to get control. Sometimes there's bankruptcy issues. We've had these happen in the city before. Rick Dorsey: I understand that but my question is though if the County says it's okay then we don't, this goes away? Aanenson: We have to satisfy the City Attorney, yeah. Aller: 1 don't think planning is ready to sit here and say that the City Attorney and the City Council is going to guarantee you that if that happens that it's just going to go away. There may be a different condition. Rick Dorsey: But this is, okay. And City Council can change the condition is what I'm getting at. Aanenson: Correct. Rick Dorsey: So if the County says I'm not locked into this scenario if I get another access point to the parcel. They can say we don't need that one because you have one. Aanenson: Well we don't know what the conditions are going to be. What the. Rick Dorsey: I'm saying if we get it, it can disappear? This isn't locked in stone that I have to provide a cross easement on this property. Aanenson: Or if you stated there was another mechanism to make that happen_ I'm not sure what that'd be. I leave it more open ended too than just the County saying you know, they may want more specifics of the timing and that sort of thing so, I don't want to just say getting a letter from the County is enough I'm not going to speak for the City Attorney. I just know that when we reviewed this that was the recommendation. 15 e Chanhassen Planning Commission —July 17, 2012 Rick Dorsey: Okay. And the City Council is who will make that determination... Aanenson: That's correct. Rick Dorsey: That's what I want to know. Aller. Yes. Rick Dorsey: Okay, thank you Aller: Thank you very much. Okay we've had the applicant speak. I'm going to open the public hearing. If anyone wishes to come forward, ask questions of staff preferably. Craig Pabich: So I got the short straw at the Sunday barbeque yesterday. Aller: If you could state your name and address for the record. Craig Pabich: Craig Pabich, 9161 River Rock Drive. I'm part of the LDK development in the Preserve and just a couple questions on what was mailed and what's in the report here that was discussed here earlier. Specifically the access via Mills Drive. I'm assuming we all know that Mills Drive really does not exist today. There is no thoroughfare. I think somebody made a comment that's the access through to LDK development. There is no access to Lyman from the LDK development. I get to do the 7 1/2 minute drive all the way around, which is fine quite frankly and that's one of the things that I want to make clear to those of you here is as a property owner in that LDK development, that's one of the things that I like about the development is that I don't have a thoroughfare through to Lyman. People have to drive the access into the development. It keeps the development residential. Quiet. Nice. The other difference regarding the card that was mailed and the drawing that was on the staff report, if you look at Mills Drive and how it's written, or how it looks on the map, it actually comes across the back of it looks like 4 or 5 different property lines. One of, my property is the second one in the middle. Right there so there's like 4 or 5 houses or homes right there so if you're looking at future development or future build out of that road you now have 4 or 5 homes with River Rock Drive in front and Mills Drive directly in my back yard which not really keen on something like that as a property owner there. Aanenson: Can I clarify again? Craig Pabich: Sure. Aanenson: The intention was just as an access would be this street going through. Craig Pabich: Okay. Aanenson: To be clear the intention for all this property over here is actually the continuation of Bluff Creek Drive over to Powers Boulevard, Craig Pabich: And that's the way I understood it when I purchased the home as well. Aanenson: Correct. That's the City's desires. Craig Pabich: Okay. Then the other question I do have, just out of curiosity, it's come up a couple times that this property that's being discussed is zoned agricultural, zoned agricultural and then as a property owner when I got the mailing and went to the website there's a lot of discussion about zoning 16 Chanhassen Planning Commission —July 17, 2012 commercial. Getting into almost specifics on department stores and layouts and architecture, hence why you probably got a number of calls so I'm just curious as to why that was done. Not that I think it's a bad thing_ I think an all inclusive or you know over communicating is always a good idea but in respect to the property owner hearing him say it's still zoned agricultural, sometimes I feel like okay what are we doing here? Is it still going to continue to be zoned or we don't want to discuss that right now or what's the future plan? Aanenson: Sure. It is agriculturally zoned right now. It has the ultimate land use, when the City updated the comprehensive plan starting in 2008, we did look at a potential lifestyle center regional mall in this area kind of complimenting the downtown so that is a potential. Certainly when those plans come forward we will look at the transition between that development and the houses that are around there. That anybody buying in that area, you know hopefully you're getting advice to check with the City on what's going in there. And then also it does have the potential for even for a nice office park there which also we're looking at the transitions between all those. Not only to the east and west but also there's houses on the other side of Lyman too and to buffer those houses too. Craig Pabich: Okay and just out of curiosity what's the timeframe of that estimation? Aanenson: You'd have to ask the property owners, yeah. But our goal, just like you're here now learning all this, we want to keep all our residents informed. Craig Pabich: Yeah, that's great. Aanenson: So any future development plans, when this does get subdivided, you would be noticed again and have an opportunity. It'd be much probably a longer process to kind of go through the different. Craig Pabich: And typically what does the City try to, how far ahead do you try to get ahead of that? Aanenson: Well it's development driven so we put some planning in place so it's really up to when somebody wants to come forward with a development plan, and certainly we you know would, once we have kind of a plan in the works then we would certainly get the neighborhood involved in that process. Craig Pabich: Okay, great. Thank you. That's all I have. Aller: Thank you. Appreciate it. Would anyone else like to come up and speak on the matter? Seeing no one come forward we'll close the public hearing. Comments. Questions. I think the fees are the fees which are the conditions that are placed on. If the council would have something that it still wants to change they can do that. They can go up and so, as far as moving it forward it sounds like that there's information to come which will be impacting this at a later time but to be able to move it forward, we can do so by approving the proposed plan tonight and getting it before the City so that the information can be gathered and they can work out a resolution or get additional time before the City. Does anybody have any comments on that idea or? Hokkanen: I feel like we're missing a lot of information. Aller: That would alter this. And I do believe that we need to protect the City's position. If we're going to recommend that the City do something it should be keeping us in the position of having the flexibility. Colopoulos: What would be the down side of waiting for that information? 17 Chanhassen Planning Commission — July 17, 2012 Allen. If the applicant wants to withdraw he can withdraw or he can ask for additional time but I think it's before us tonight and I don't know the down side. I think that's more of a question for the applicant and I think, and I think they know what they're going to do with the property and we don't. Nelson: Do we think that that information is going to come in time for the City Council and then at that point, even if we were to push this forward then they're going to be able to modify it however based on that new information. Aller. I think the expectation is that they're going to have it and they'll talk about it well in advance and if they don't come to an agreement then it will be pushed forward. They'll ask for additional time or the applicant will take another route and do something else with his property. And so with that, any other comments, questions? Would anybody wish to make a motion based on. Undestad: I'll make a motion. Planning Commission recommends 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. Aanenson: ... modification. I just want to clarify that the fees on number 9 and that the existing home on Lot C paid the park fees. I just want to clarify that so future developments on Lots C and D would pay, would be required, if we can modify that condition just for clarity. Because in the future Outlot C would not be exempt from park fees. I just want to be clear. Aller: So a second line then in item 9 to say Lot C and D. Aanenson: Correct. If that's amenable. Aller: It is. My understanding is from everyone that it was the intent of the parties back when they were doing planning. I think that's the information that we have before us. So with that modification, the motion would be to approve the Findings of Fact and Recommendations including 9 with the alteration of Lots C and D will require park fees to be paid at the rate in force at the time of development approval. I have a motion Do I have a second? Nelson: I'll second. Aller: I have a motion and a second. Any further discussion? Comments or questions. Undestad moved, Nelson seconded that the Planning Commission recommends that the City Council approve the Metes and Bounds Subdivision of 1551 Lyman Boulevard creating two lots, subject to the following conditions of approval and adoption of the Findings of Fact and Recommendation: 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 be named on the easement document to ensure that the access easement remains intact until some other access is provided to Lot D. 18 Chanhassen Planning Commission — July 17, 2012 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 Lots C and D will require that park fees be paid at the rate enforced at the time of development approval. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: RESIDENTLAL PLANNED UNIT DEVELOPMENT (PUD-R) AMENDMENTS: REQUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: CHANHASSEN HMU. HIDDEN VALLEY, NORTH BAY, SPRINGFIELD ADDITION AUTUMN RIDGE. LYNMORE ADDITION, THE PRESERVE, TOWNHOMES AT CREEKSIDE AND TROTTERS RIDGE. PLANNING CASE 2012-04-5. Generous: This is group five. Thank you Mr. Chairman and commissioners. This is the fifth round of Planned Unit Developments that we're reviewing. This is actually the largest group that we have with 9 subdivisions involved. These items will be going forward to City Council on August 13'". As we pointed out before the City's been working on these projects for over a year trying to get things straighten up. These developments were approved and the design standards were incorporated as a part of the development contracts or development plans for the project. They were rezoned to planned unit development residential, however none of those standards were included in the zoning ordinance. What we're trying to do is take those standards and putting in the zoning ordinance so as people go forward and develop their property or use them they'll have the standards in the zoning document. Like I said a neighborhood meeting was held on June 21 n at the Chanhassen Recreation Center. Approximately 30 people showed up to this one so that was our biggest group. Meeting notices for that neighborhood meeting as well as the public hearing was sent out to all the property owners. We found out also through this process that some of the homes may not meet the standard. However we're not trying to make them go in and remove anything or build anything. We just want to know, them to know in the future that these are the standards. As we told people that, when people called in for the standards we often had to run down into the city's basement to find out what was actually approved for the project so we're trying to clarify that and put it in one location so that not only the City but anyone who wants the information can find it_ And as pad of this process we're not trying to up zone any of the properties so. As I said there's 9 developments included as pad of this. These were all in southern Chanhassen or south of Highway 5. They are Autumn Ridge, Trotters Ridge, Lynmore Addition, Townhomes at Creekside, Preserve at Bluff Creek, Chanhassen Hills, Springfield, North Bay and Hidden Valley and we're 19 --NW COR. OF THE SW1/4 ' OF SEC. 23, T. 116, R. 23 i a, r� <j E- <I 0 L I- I I LIJ _� L_ I I N ITI_)\/ I III I �JI N I I\ I F- 11 L NORTH LINE OF THE SW1/4 OF SEC. 23, T. 116, R. 23 1317.18 N89°10'37"W I, � I/w�i�u �l � L� � v _ �_w D I M 1 JL1.44 58803 �J �J V\ 066 l y I III I ^Ir--\r_- r1IL-L IL-)L_ �A1,r \C \� n n PROPERTY DESCRIPTION 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. DESCRIPTION FOR 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 DESCRIPTION FOR 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. PROPOSED ACCESS EASEMENT An easement for access purposes over, under and across the North 420.00 feet of the West 80.00 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 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. Signed t442,6th day of May, 2042 For: James R. Hill, Inc. Lo Harold C. Peterson, Land Surveyor, MN License No. 12294 NOTES ORIENTATION OF THIS BEARING SYSTEM ASSUMES THE NORTH LINE OF THE SW 1/4 OF SEC. 23, T. 116, R. 23 TO BEAR N 89010'37" 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 C NET 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 FEET OR 1.036 ACRES PARCEL D NET AREA= 655,418 SQUARE FEET OR 15.046 ACRES THIS BOUNDARY SKETCH WAS PREPARED WITH INFORMATION AVAILABLE FROM PUBLIC RECORDS. NO FIELD WORK WAS COMPLETED TO VERIFY SAID INFORMATION. M SCALE IN FEET 0 100 200 300 1 inch = 100 feet � cn o M W Ln � Z N to T 00 °° � N N LO m W Z_ o U- zCn CD W CD, V♦ N E W U � z z CD w �- Z CN CD V L L0 M L0 'd O 0-4 Q o U w U� LJ � w z M 0► Of 0- p M A Z "q z LLI o 1�1 W Of O rrM V H N a Pi O o x� rl U M 3 LLI > F+i a0 z L0 N It '.-^-1 Y JLO DRAWN BY PLM DATE 5/29/12 REVISIONS CAD FILE 22871 skt-2.dwg PROJECT NO. 22871 FILE NO. 1-12-040 SHEET 1 OF 1 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. 1 Fire access to medium density housing to the south along trail connection. a .race C IADC CCCT DAavimr CDAr" rAl rl 11 ATM CAD REGIONAL COMMERCIAL 42 AC+/- 400000 2AW+/- 21 _ _A B CORPORATE OFFICE 28AC+/- 840 33M+/- As C CORPORATE OFFICE 17AC+h 400AW 1 50+/- 54 D PROFESSIONAL OFFICE 3.5AC+/- 20000 90+/- .13 WOODLAND PRESERVE 18AC+/- N/A WA N/A RIGHT-OF-WAY 7.5AC+/- N/A N A N/A TOTAL 116 1660 740+/- PROPERTY DESCRIPTION The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota -_- DESCRIPTION FOR PARCEL A n A 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. DESCRIPTION FOR PARCEL B The South 658.24 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. Signed this day of 2012 For: James R. Hill, Inc. Harold C. Peterson, Land Surveyor, MN License No. 12294 NOTES ORIENTATION OF THIS BEARING SYSTEM ASSUMES THE NORTH LINE OF THE SW 1/4 OF SEC. 23, T. 116, R. 23 TO BEAR N 89010'37" 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 = 1,745,982 SQUARE FEET OR 40.082 ACRES AREA OF RIGHT OF WAY = 67,754 SQUARE FEET OR 1.555 ACRES NET AREA = 1,678,228 SQUARE FEET OR. 38.527 ACRES PARCEL A GROSS AREA = 874,782 SQUARE FEET OR 20.082 ACRES AREA OF RIGHT OF WAY= 67,754 SQUARE FEET OR 1.555 ACRES PARCEL A NET AREA= 807,028 SQUARE FEET OR 18.527 ACRES PARCEL B GROSS AREA= 871,200 SQUARE FEET OR 20.000 ACRES THIS BOUNDARY SKETCH WAS PREPARED WITH INFORMATION AVAILABLE FROM PUBLIC RECORDS. NO FIELD WORK WAS COMPLETED TO VERIFY SAID INFORMATION. N SCALE IN FEET 0 100 200 300 1 inch = 100 feet City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this Instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Audits. Dated: 30 1 Z B l �rcP'. � lu x y Deputy Czanhossen City CIA Printed Name: i1�tf ham 1i C0 ,. L0 M rt L Lo rt-1 .O �-•� z � r' Q r-4 w o w U rl w Qz ACkf ,� Z w o r��� o r $1 0 0 S �V co h' �.L� U Q = Fri 3 w U z w a L0 PIA It e-� LO L0 DRAWN BY PLM DATE 4/16/12 REVISIONS 51612Leal CAD FILE 22871 skt.dwg PROJECT NO. 22871 FILE NO. 1-12-030 SHEET 1 OF 1