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09-22-2025City Council Agenda Item Final PlatCity Council Item September 22, 2025 Item Approve Final Plat of Avienda Apartments (Planning Case 25-08) File No.Item No: H.2 Agenda Section GENERAL BUSINESS Prepared By Eric Maass, Community Development Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the final plat of Avienda Apartments and adopts the attached findings of fact and decision." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The City Council is asked to approve the Final Plat for Avienda Apartments. The City Council approved the project's Preliminary Plat on June 23. Typically, a request for Development Contract approval is made at the same time as the request for final plat approval. However, the Avienda development is multifaceted, including residential and commercial components. In this instance, a grocery anchor desires to see the Avienda Apartments project formally purchase land within Avienda before the grocer commits to a location within Avienda. The city, in its desire to help facilitate commercial development within Avienda, is considering approval of the Final Plat before the Development Contract in order to facilitate the apartment project proceeding towards its closing date and preparation of associated documentation, including the final plat mylar. City staff anticipates requesting approval of a Development Contract for Avienda Apartments at the October 13 City Council meeting. 623 The proposed Final Plat approval includes a condition that the developer enter into a development contract with the city before recording an approved final plat. BACKGROUND The proposed final plat is consistent with the previously approved preliminary plat and adheres to the Planned Unit Development (PUD) lot standards outlined within the Avienda PUD. DISCUSSION BUDGET RECOMMENDATION Staff recommends approval of the Avienda Apartments final plat and adoption of the attached Findings of Fact and Decision. ATTACHMENTS Avienda Apartments Final Plat Avienda Apartments Final Plat Findings of Fact and Decision Staff Presentation - Avienda Apartments Final Plat 624 AVIENDA APARTMENTSKNOW ALL PERSONS BY THESE PRESENTS: That Level 7 Development, LLC, a Minnesota limited liability company, owner of the following describedproperty situated in the County of Carver, State of Minnesota, to wit:Outlot B, AVIENDA ROWHOMES, Carver County, MinnesotaandThat part of AVIENDA PARKWAY, as dedicated in the plat of AVIENDA, Carver County, Minnesota as vacated as recorded in Doc ________________Has caused the same to be surveyed and platted as AVIENDA APARTMENTS and does hereby dedicate to the public for public use the easements fordrainage and utility purposes as shown on this plat.In witness whereof said Level 7 Development, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this_________ day of _______________________, 20____.LEVEL 7 DEVELOPMENT, LLC_____________________________________________PresidentSTATE OF MINNESOTACOUNTY OF ______________________The foregoing instrument was acknowledged before me this ______ day of __________________________________, 20____ by___________________________________, the President of Level 7 Development, LLC, a Minnesota limited liability company, on behalf of the company.(Sign)_____________________________________________(Print)_____________________________________________Notary Public, _________________ County, MinnesotaMy Commission Expires ________________________I Jerrod Gustavus LeSavage do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyorin the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designatedon this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as definedin Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown andlabeled on this plat.Dated this _________ day of ___________________, 20____._______________________________________________Jerrod Gustavus LeSavage, Licensed Land SurveyorMinnesota License Number 58896STATE OF MINNESOTACOUNTY OF ______________________The foregoing instrument was acknowledged before me this _________ day of _________________________, 20____ by Jerrod Gustavus LeSavage.(Sign)_____________________________________________(Print)_____________________________________________Notary Public, _________________ County, MinnesotaMy Commission Expires _________________________CHANHASSEN, MINNESOTAThis plat of AVIENDA APARTMENTS was approved and accepted by the City Council of Chanhassen, Minnesota at a regular meetingthereof held on this ______ day of ____________________, 20____, and said plat is in compliance with the provisions of MinnesotaStatutes, Section 505.03, Subdivision 2.CITY COUNCIL OF CHANHASSEN, MINNESOTABy:____________________________________________ MayorBy:____________________________________________ ClerkCOUNTY SURVEYOR, CARVER COUNTY, MINNESOTAPursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this ______ day of ___________________________,20____.Brian E. Praske, County SurveyorBy: ____________________________________________COUNTY AUDITOR, CARVER COUNTY, MINNESOTAI hereby certify that taxes payable in _____________ and prior years have been paid for land described on this plat.Dated this ______ day of _________________________, 20____.Crystal Campos, County AuditorBy: ____________________________________________COUNTY RECORDER, CARVER COUNTY, MINNESOTAI hereby certify that this plat of AVIENDA APARTMENTS was filed this ______ day of ____________________, 20____, at ______o'clock ___. M. as Document No. __________________________.Kaaren Lewis, County RecorderBy: ____________________________________________625 ΔΔΔΔΔΔΔ Δ ΔΔNot Tangent8680 Found IronBroken CapFound IronBroken CapFound IronBroken CapFound Iron1/2" open135 103 91 113SEE DETAIL AEast line of OUTLOT B, AVIENDA ROWHOMESPondPondEdge ofWaterEdge ofWaterWet LandWet LandΔΔΔΔ32.59 49.55107.34S82°25'47"ES00°21'54"W 836.89 S59° 24 '1 8 "W41.37300.31OUTLOT ABLOCK 1LOT 1Drainage and Utility Easement over all of OUTLOT A16.92C. BRG. S27°02'27"EL=12.50R=100.00Δ=7°09'41"N30°37'17"W 26.82N00°35'09"W 26.70N89°59'58"E 125.7927.32186.10S17°27'01"E32.51S72°32'54"W45.59S00°21'54"W18.29S89°38'06"E20.00S00°21'54"W18.29N89°38'06"WS00°21'54"W 412.59 18.29S89°38'06"E20.00S00°21'54"W18.29N89°38'06"W49.13S00°21'54"W21.29S89°38'06"E149.08 S00°21'54"W 21.12S45°21'54"W30.26S00°12'57"E145.04S86°59'44"E10 10 6610.0010101050.18 S00°00'03"E23.64S45°21'54"WS00°21'54"W 378.9519.05S89°38'06"E20.00S00°21'54"W19.05N89°38'06"WS00°21'54"W 328.85 DRAINAGE AND UTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENTDRAINAGE ANDUTILITY EASEMENT20.72S00°46'11"WL=52.42R=100.00Δ=30°02'09"26.52S82°57'10"E10 1010 S89°59'58"W 17.9845.69S22°08'06"E19.70ΔΔΔN89°38'06"W 82.24N00°21'54"E 10.61L=67.59R=60.00Δ=64°32'50"VACATED RIGHT OFWAY PER DOCNO.___________________BLOCK 1LOT 1ΔL=61.31 R=75.0 0 Δ=46°50'0 1" 10 32.59 22.27AVIENDA APARTMENTSDenotes 1/2 inch iron pipe monument foundDenotes 1/2 inch by 14 inch iron pipe monumentset, or to be set within one year of platting, andmarked by License No. 58896Bearings shown are based upon an east line ofOUTLOT B, AVIENDA ROWHOMES which has anassumed bearing of S00°21'54"W.NORTH0801601 INCH = 80 FEETSCALE IN FEETSec. 23, T. 116, R. 23Vicinity MapNo ScaleNW 1/4SW 1/4SE 1/4NE 1/4SITELyman Blvd.U.S. Hwy. No. 212 C.S.A.H. No. 18Powers Blvd.Detail ARestricted Access per Doc. No. A5034361 INCH = 40 FEET626 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Level 7 Development LLC – Planning Case No. 2025-08, Avienda Apartments. Request for Final Plat Approval for a multi-family residential subdivision for a 412-unit apartment on approximately 11 acres on land identified in Exhibit A. Level 7 Development, LLC (Owner) is the current owner of the land identified in Exhibit A and which has applied for Final Plat approval. Inland Development Partners (Developer) has proposed to purchase the land identified in Exhibit A and proposes to construct a 412-unit apartment building on the same land. On September 22, 2025, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Level 7 Development LLC for a multifamily apartment development. The City Council and now makes the following: FINDINGS OF FACT 1. The City Council approved the Preliminary Plat for Avienda Apartments with conditions on June 23, 2025. 2. The property is guided in the Land Use Plan for Commercial uses which includes Regional Lifestyle Planned Unit Developments. 3. The legal description of the property is: (See Exhibit A) 4. SUBDIVISION FINDINGS a) The proposed subdivision is consistent with the zoning ordinance. The subdivision as proposed adheres to the city’s zoning ordinances for the RLM and R-8 zoning districts and does not require variances to the citys ordinances. b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan; The subdivision as proposed complies with the City’s Comprehensive Plan as well as applicable city, county, and regional plans. 627 2 c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; The applicant has prepared the necessary engineered drawings and design to establish that the topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development. d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; The Applicant has made adequate provisions for water supply, storm drainage, sewage disposal, streets, erosion control, and all other improvements required by the subdivision ordinance. e) The proposed subdivision will not cause significant environmental damage subject to compliance with the conditions of approval; The proposed subdivision will not cause significant environmental damage based on its compliance to the proposed conditions of approval. f) The proposed subdivision will not conflict with easements of record; The Applicant has provided the necessary information to support that the proposed subdivision will not conflict with easements of record. g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. The proposed subdivision has adequate stormwater drainage, roads, sanitary sewer systems, and adequate off-site public improvement and support systems. 5. Prior to recording the Avienda Apartments Final Plat, the Developer of the Avienda Apartments project shall enter into a Development Contract with the City. DECISION The City Council adopts the attached findings of fact and decision that the City Council grants Final Plat approval for a multi-family residential subdivision for a 412-unit apartment building. 628 3 ADOPTED by the Chanhassen City Council this 22nd day of September, 2025. CHANHASSEN CITY COUNCIL BY:___________________________________ Its Mayor BY:_ __________________________________ Its City Manager 629 4 EXHIBIT A Outlot D, Avienda 630 City of Chanhassen A Community for Life Planning Case #2025-0 8 Avienda Apartments Applicant –Inland Development Partners & Level 7 Development Requesting Final Plat Approval 631 City of Chanhassen A Community for Life Preliminary Plat •Approved June 23rd •Next Steps •Plan Updates •Final Plat Approval •Development Contract Approval 632 City of Chanhassen A Community for Life Final Plat •Generally consistent with the approved preliminary plat •Shows necessary drainage and utility easement over all of Outlot A for temporary and permanent stormwater ponding •Provides easement over area with public utilities 633 City of Chanhassen A Community for Life Final Plat •Approval recommendation contingent on approval of a Development Contract between Developer and the City. •Final plans reviewed with the Development Contract •Final Plat approval only grants approval to location of proposed property boundaries. 634 City of Chanhassen A Community for Life Final Plat •Anticipated Development Contract request for approval on Oct 13th. •9/22 Final Plat approval gives a 3 week jumpstart on plat production and signature procurement prior to 10/13 Development Contract consideration. •The proposed grocer would like to see a land purchase for the apartment project prior to the grocer agreeing to a lease. •The city is exercising flexibility in the typical process, which would have the Final Plat and Development Contract up for approval concurrently. 635 City of Chanhassen A Community for Life CITY COUNCIL DISCUSSION 636 City of Chanhassen A Community for Life Proposed Motion “The Chanhassen City Council approves the Avienda Apartments final plat as proposed and adopts the attached Findings of Fact and Decision.” *The Findings of Fact and Decision include the requirement that the Developer enter into a Development Contract with the City as a condition of approval. 637