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
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DATE
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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
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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
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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
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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
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Pareel E)
/���
(proposed metes
bounds subdivision)
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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
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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 __�—
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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?
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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
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NORTH LINE OF THE SW1/4 OF SEC. 23, T. 116, R. 23
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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
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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
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DATE
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REVISIONS
51612Leal
CAD FILE
22871 skt.dwg
PROJECT NO.
22871
FILE NO.
1-12-030
SHEET 1 OF 1