CC Staff Report 18-05CITY COUNCIL STAFF REPORT
Monday, February 12, 2018
Subject Resolution 201815: 1650 Motorplex CourtSubdivision Request and Conditional Use Permit
Amendment
Section CONSENT AGENDA Item No: D.12.
Prepared By Bob Generous, Senior Planner File No: Planning Case #201805
PROPOSED MOTION
“The City Council approves the Registered Land Survey creating three parcels, and the amendment to the
conditional use permit for development within the Bluff Creek corridor subject to the conditions of the staff report,
and adopts the Findings of Fact.”
Council approval requires a Simple Majority Vote of members present.
SUMMARY
The applicant is creating three tracts of land from one large parcel. Due to the subdivision of the property, the existing
Conditional Use Permit approved for the development of the site must be amended. The applicant had been trying to
comply with the conditions of approval for Planning Case #201519 by dedicating the Bluff Creek Primary Zone to
the City of Chanhassen. Carver County required that the property owner prepare a Registered Land Survey in order
to convey the property to the City.
BACKGROUND
The Planning Commission held a public hearing on January 16, 2018 to hear the proposed development application. The
Planning Commission voted 4 0 to recommend approval of the Registered Land Survey and amended Conditional Use
Permit. There were no issues or concerns with the proposal.
The Planning Commission minutes for January 16, 2018, are a consent agenda item in the February 12, 2018 City
Council agenda packet.
DISCUSSION
The applicant attempted to meet the conditions of approval from 2015 by transferring the Bluff Creek Overlay District
to the city, which the city would attach to the land it owns along Bluff Creek. However, Carver County would not
permit the transfer of the property without proceeding through the Registered Land Survey process. In subdividing the
property, the applicant is then required to amend the Conditional Use Permit.
RECOMMENDATION
CITY COUNCIL STAFF REPORTMonday, February 12, 2018SubjectResolution 201815: 1650 Motorplex CourtSubdivision Request and Conditional Use PermitAmendmentSectionCONSENT AGENDA Item No: D.12.Prepared By Bob Generous, Senior Planner File No: Planning Case #201805PROPOSED MOTION“The City Council approves the Registered Land Survey creating three parcels, and the amendment to theconditional use permit for development within the Bluff Creek corridor subject to the conditions of the staff report,and adopts the Findings of Fact.”Council approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is creating three tracts of land from one large parcel. Due to the subdivision of the property, the existingConditional Use Permit approved for the development of the site must be amended. The applicant had been trying tocomply with the conditions of approval for Planning Case #201519 by dedicating the Bluff Creek Primary Zone tothe City of Chanhassen. Carver County required that the property owner prepare a Registered Land Survey in orderto convey the property to the City.BACKGROUNDThe Planning Commission held a public hearing on January 16, 2018 to hear the proposed development application. ThePlanning Commission voted 4 0 to recommend approval of the Registered Land Survey and amended Conditional UsePermit. There were no issues or concerns with the proposal.The Planning Commission minutes for January 16, 2018, are a consent agenda item in the February 12, 2018 CityCouncil agenda packet.DISCUSSIONThe applicant attempted to meet the conditions of approval from 2015 by transferring the Bluff Creek Overlay Districtto the city, which the city would attach to the land it owns along Bluff Creek. However, Carver County would notpermit the transfer of the property without proceeding through the Registered Land Survey process. In subdividing theproperty, the applicant is then required to amend the Conditional Use Permit.
RECOMMENDATION
Staff recommends that City Council approve the resolution approving the Registered Land Survey creating three
parcels, and the amended Conditional Use Permit for development in the Bluff Creek Corridor subject to the following
conditions:
Conditional Use Permit:
1. Development must comply with the Bluff Creek Corridor regulations.
2. Tract A, Registered Land Survey containing the Bluff Creek Overlay District shall be dedicated to the city.
Subdivision :
1. Provide the City of Chanhassen with a copy of the current access and maintenance agreement for Motorplex
Court.
2. Access to Tract A shall be included as part of the current access and maintenance agreement for Motorplex
Court.
3. Identify and provide a Drainage and Utility easement over the publicly owned piping on the site.
4. Dedicate Tract A to the City of Chanhassen.
And adopt the Planning Commission Findings of Fact.
ATTACHMENTS:
Resolution
Registered Land Survey
Amended Conditional Use Permit
Planning Commission Staff Report Dated January 16, 2018
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING A
REGISTERED LAND SURVEY
for
J & R PROPERTIES, LLC
WHEREAS, J & R have requested a subdivision of the property into
three lots; and
WHEREAS, the Chanhassen Planning Commission held a hearing on January 16, 2018,
and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance;
and
WHEREAS, the need for the Registered Land Survey is so that the property owner may
convey a parcel to the City of Chanhassen.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves the Registered Land Survey No. , Carver County, Minnesota, subject to the following
conditions:
Passed and adopted by the Chanhassen City Council this 12th day February of 2018.
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ATTEST:
Todd Gerhardt, City Clerk/Manager Denny Laufenburger, Mayor
YES NO ABSENT
g:\plan\2018 planning cases\18-05 - 1651 motorplex ct - subdivision\resolution registered land survy.doc
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
AMENDED CONDITIONAL USE PERMIT #2015-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants
a conditional use permit for the following use:
For the LaMettry Collision & Glass project to develop within the Bluff Creek Overlay District and
to permit two principal structures on one parcel.
2. Property. The permit is for the following-described property located at 1650 and 1651 Motorplex
Court ("subject property") in the City of Chanhassen, Carver County, Minnesota:
See Exhibit A
3. Conditions. The permit is issued subject to the following conditions:
a. Development must comply with the Bluff Creek Corridor regulations..
b. Tract A, Registered Land Survey containing the Bluff Creek Overlay District shall be dedicated
to the city.
4. Termination of Permit. The City may revoke the permit following a public hearing for violation
of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has not been
substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance
with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor.
Dated: February 12, 2018
CITY OF CHANHASSEN
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By:
Denny Laufenburger, Mayor
(SEAL)
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 12th day of February,
2018, by Denny Laufenburger Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
P.O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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EXHIBIT A