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68-1 REZ pt 4
AGREEMENT CONCE DEVELOPMENT pLA KING PRELIMINARY VILLAGE" p OF THE "CHANHASSEN IN THE CITY OF CHANHASSEN, AND HENNEPIN CARVER P'3 A� �� eon COUNTIES, MINNESOTA emu& This agreement AGENT` ,Uf 1975, b made and entered Counties and between the into this Kenneth Minnesota (hereiity of Chanhassen Beiersdorf ((hereinafter referred , Henne day °f (hereinafter Pln and Carve referred tto as Chanhassen) and as Developer). WITNESSETH: WHEREAS: Developer Chanhassen to e kno Proposes p 3 P�A�N�-v �O�1u�vrry described land: wn as development hassen Vi11a PmentaIn age on the following The North �- z of T. i16 the Northwest that R• 22, Henne a of Section 18 Par* taken for State County, Minnesota except the East 16. State Trunk Hi except the East 180.0 feet-50 feet thereof Highway No. 5, and North 317.0 feet °f the West Also, except a of Section 18. the North i 1249.34 feet of the feet of ; and also rth � of the Northwest excthe Northweste�t '429.34 Pt the East 69.3 feet of 180.0 1 acre a of said Section the North z of s, more or less), 18' (Containing WHEREAS, Public to proceed services are needed b with said develo Y Develo pment, and; per from Chanhassen WHEREAS, Develo "Chanhassen "Village has furnished Chanhassen with dated October 28 ge PUD Proposed , 1974, and; preliminary Develobooklet called WHEREAS, it is pment Plan" development in She intention of Of each taJeS and to obtain final the Deve oro Proceed with s application gfoYas said development said final Pro r development plan said Proposed Pre liminar develo g esses and approval A`S0WF0TLHLE0RW-PFORE, Y Development Plan*hnt p�3n_nb�pfprovalbaseS; IT IS HEREBY o�� on said AGREED By e�e-rred to AND BETWEEN THE PARTIES HE 1• Developer Pursuant to agrees to developRETO the proposed Preliminar land.,: i, �- phase of saidnd to Obtain final Y Development p described a-&C. any work on said Phase from Chanelopment a 1 lr Y phase hassenbeforePlan PProvalyfor 60ACS•mtje-r,w cAe 4 ' Proceeding With each Sr�g6E Chas rdinance. Page 2 2• Chanhassen hereby approves said I plan subject, however, to the Proposed Preliminary Development IJ terms and conditions herein contained• 3. Developer represents that said development shall be limited to the following land uses: a) CITY PARK, b) PUBLIC STREETS, c) 15.90 ACRES PLANNED P-3 COMMERCIAL AND d) 37.71 ACRES PLANNED P-3 RESIDENTIAL. i4. Developer represePir that he will file with Chanhassen final development �lans as Chanhassen Zoning Ordinance for Phase within three 3I( ) yearom the date hereof, and Chanhassen therefore limits its approval to said three 3 represents that he will complete development of) year oPhases d. vI,oII and so III within five (5) years from the start of construction of Phase I' and Chanhassen, therefore, limits its approval year period. Developer agrees that he will not tcontest o said fwithdrawatia- of said approval at the end of said five 5 however, that completion of� ( year period, provided, that a development contract�forpeach sfectparagraph shall mean executed within said five (5) year p fAic �hase shall have been period 5. Developer agrees to donate without cost to Chanhassen, a public park out of Said tract extending from the western property line east to a Pori't twenty'ftbefere(20) feet east of the centerline of the creek as Title Of�said preliminary development plan. Chanhassen b park shall be transferred from the Developer to (3) years from theanty date deed,freefrom encumbrances within three 6• Developer shall improve andA walkway system as more specificaent l9lyethownmand describedto sinn preliminary development plan. The said be -o-o completed and easement "1 walkway system -d�c,(J after the completion of the developmentoofater the phasethanoin which said ne segment is located., 7• Develope�qq agrees t� "4atkd e.�� & �u � G � F for a detach frontage road servo e Specifica�lheshlght-of-way in the preliminary Development Plan. The right-of-waywidthof said frontage road shall be eighty (80) feet and shall be surfaced thfrAty-six (36) feet wide according to City Ordinances. Driveway entrances into said frontage road shall be held to a minimum,but at least two (2) entrances shall be frontage road shall be completely constructeded ffor or Pwhatever hase I. Said would correspond to the east -west length of Phase I, andsApr'94ded with a temporary cul-de-sac at the east pro ided road. of saA frontage 8. It is mutually agreed that temporary�'access to the development shall be constructed with a twenty-eight (28) foot surface at the location as shown on the preliminary development plan. It is mutually agreed that said temporary access shall be removed when the first of the following occurs: a) theVfrontage road is completed 1 It. �b Page 3 eastward to the east City boundary, or� b) the frontage road is �C Y e�re�r-sy- westward to an adequate entrance at either Dakota Avenue or State Highway 101. For the purposes of this agreement/fadequate�shall mean providing protected left turns off .So@- State Trunk Highway 5. 9. Developer agrees that no erosion Of State Highwayshall occur during side grading. tm�t_of;-waY 10. Developer agrees to file with Chanhassen as part of Final Development Plan Hai 7._znd tee-Cerraie�, rxan. Said foil and I#ater Conservation Plan shall include: a a for development phases including a land radin � time table lan for sites, streets, utilities, erosion control, andpsurface andldinsubg surface drainage; b) location of stock pile areas for topsoil that will be used in final grading for landscaping; c) for final reveetation with sod or a Plan I' � e exposed�fir'thirty (30) da s grass seeding areas that ill Y e-tee-shall be mulched ore planted to 2rar% annual grass; d)Glplan for surface water run off and eke grass Mafferways and storm drains as may be needed; and e)d plan fo-49 grade stabilization structure5that may be needed to prevent the advance of the gully running through the southwest corner ofat�f hereinbeforeeib property. 11. Develo er a �e�estoile with the Rile�� Watershed District�a- and alteration y-Purgat�r re reek �rr.�ccu-� c1 construction plans erosion Permit. Said rshall show 1Yr� during and afterconstruction. protection rm facilities to be shall b �,ecQ 1g filed with the Watershed District as soonas shall e available. grading plans are 12. All stormwater drainage facilities within said development shall conform to the design standards of the Riley -Purgatory Creek Watershed District and Chanhassen. The developer shall construct ponding areas at the start of development in each rphase and shall cause all stormwater run-off to pass into these areas during the development of the land so as to prevent any site erosion from passing into Rice Marsh Lake. The developer shall maintain said ponding areas and other erosion control devices in a manner acceptable to Chanhassen and the Riley -Purgatory Creek Watershed District. 13. Developer agrees to construct&'n.'oise abatement barrier along the property adjacent to State Trunk Highway 5 in conformance to estate kighway ,standards . 14. Developer agrees to apply for an entrance permit fee=i beffcrc de temporary access road from the State Highway Department. 15. The parties mutually agree that Phase I as shown on the -X preliminary Development Plan shall contain two (2), thirty-two (32) two (2) story garden apartments; Phase II shall contain two (2), a� 0 thirt , t s '-two n�2! "'go r (2 i . � P ha represe to � st age 4 stor one hundred` °rY garden a Vi all be desire wit, - eight (191 1jding mass ts' and Phase lla as geed aloe ergr°und apartments to contain o 2I2 ge 16' Addres Stated in the herg the elnbs n Parameter ll apartmen three (3 j ore Purpose °f this level °Per, The fore ref erredof an booklet. d Eu �Pean rE �-O agreementsis °fthe develOther i terns. per for the Ano 47 LZ"- An All JI/ CIE e- tz Ito t4clv'et4,,,� LOY L ll�;6z Z/ 17, all OSL LS2 ; ,-so 4sm. Ao� ) INSTITUTIONAL FINANCIAL SERVICES CORP. KENNETH E. BEIERSDORF, PRESIDENT November 20, 1976 Mr. Bruce Pankanin, City Planner Village Hall Chanhassen, Mn 55317 Dear Bruce: NOV1976 o RECEIVED VftJ.AOE OF c .CHANHA8sliN N P / 91a I am requesting a meeting with the Planning Commission on De- cember 8, 1976. On January 20, 1975 I was given preliminary plan approval for development of 128 designed two story rental apartments, 128 un- designed units and 15.9 acres for commercial development under P-3 zoning, Temporary access located at the old sewar plant road on the Western boundary of the property was granted by the Planning Commission, Council, and the Highway Department. After this approval a severe recession occurred and after two years the viability of a multiple apartment development is still question- able. My intention is to react to the current conditions, conform to my approved plan for Chanhassen Village and to seek approval for the start of development of the commercial area as identified in the exhibits previously submitted to the Planning Commission and Council. I am seeking approval for the construction of a restaurant and bar to serve liquor and seating for approximately 125. Initially, the total area will be approximately 3500 square -feet with planned expansion for meeting rooms and a cost in excess of $250,000 for building and fixtures, exclusive of the land. EXECUTIVE OFFICES: 8120 PENN AVENUE SOUTH / SUITE 546 / BLOOMINGTON, MINNESOTA 55431 / (612) 888-1279 dZ The restaurant and other buildingswill be designed by Paul Albitz who did the original conceptual plan. He has done many varied pro- jects but some most noteworthy in this area are; the Camelot Res- taurant in Bloomington; The Thunderbird Motel in Bloomington, and the Normandy Restaurant and the new Normandy Motel in downtown Minneapolis. The restaurant will feature a "limited menu" which will appeal to taste variety, have relatively low cost, and fast service. The theme atmosphere restaurant will appeal to families, to business in the Eden Prairie, Jonathan area, and travelers from Highway #5. The restauran% of'German" design, will be a free standing structure. It will be a fully designed, backless structure, strategically lo- cated giving consideration to the future service road and Highway #5. All service facilities will be shielded. Future buildings will be of similar architecture and will be con- tinuous, as in a German Village. This design is very functional with ourharsh winters and the need to maximize energy conservation. This design will have variety, not be monotonous,and have a very pleasing visual affect from the highway and the future residents on the south side of the future service road. Sinc rel yours, ,�5 � V12 Ken Beiersdorf keb/sjb on IFSInstitutional Financial Service Corp. 8120 Penn Avenue South, Suite 546 Minneapolis, Minnesota 55431 Phone 612/888.1279 May 20, 1976 Mr. Bruce Pankonin City Planner, City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mr. Pankonin: In reply to your request for an up -date on the status of my preliminary plan approval for a multi -family apartment develop- ment. The rate of return on investment for apartments is still non-existent. The effects of the recession in the apartment market have created a tremendous surplus, which is declinin s It has been ' t VJ_ wally impossible for any apartment project that has been built within the last five ears of existing costs, price of money, increaseoinash allflow utilitiessand taxes, and the lid that is placed on rents due to the existing market. In some choice locations rents have increased -- but until the demand is sufficient to sustain increases in rents the present total cost does not make for a viable or feasible program. Consequently I cannot consider the development of any multi -family apartment project at this time for the above t t Sincerel , Kenneth E. Beiersdorf President KEB/ar s a ed reasons. I 711A41 �1?21 MAY 1976 R�cFfvEo. ViLLAGE C \� HANHASSE:N� O �'�, V �11 M E M O R A N D U M CHANHASSEN - Ken Biersdorph's Development on 5 Mar. 1, 1976 Ken asked what utilities and roads he would have to build if he developed only a part of the land he controls on Highway 5 east of the old sewage plant. He had in mind a possible commercial development between his proposed ser- vice road and the highway, a slightly different residen- tial development south of the service road, town houses - rather than the several apartment buildings, etc. I told him that the access road at the west. side of his property should be considered temporary, for use only until the frontage road was completed from Dakota to 184th St. and therefore he should consider how access would be given to the development between the frontage road and the highway --whether directly from the temporary road or from the frontage road; that sanitary sewer and water were im- mediately available along his west line; that the service road should be extended as far eastward as the initial development extended.(on the south side of the frontage road)and that the utilities should also be extended through out whatever development occured, at the full size re- quired for ultimate development. Also that I would like to see(don't know yet whether I would dignify this by making it a firm recommendation) the temporary access, road usable only.from the eastbound land of Highwy 5, thus preventing an entrance left turn by westbound traffic on Highway 5 (similar to the access arrangement into Target Stores on Highway 7 in St. Louis Park). Ken is trying to determine his options and is .try- ing to interest larger developers in taking over parts of his property, because of the difficult financing problems in development these days. cc: Bruce Pankoninv__� Jerry Schlenk OLU TION 1776-1976 CITY OF CHANHASSEN_ 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317*(612) 474-8885 February 18, 1976 Mr. Ken Beiersdorf Van Sanco, Suite 575 Southgate Office Plaza Minneapolis, MN 55437 Dear Mr. Beiersdorf: In reviewing your escrow account for your planned Unit Development request, T find that you owe the City $ 358.48 The City is in the process of hiring a new Administrator and I would like to get your overdue account settled before this individual joins our staff, which will be around the end of March. Your cooperation in this matter is greatly appreciated. If you have any questions regarding this matter, please do not hesitate to call me. Sincerely yours, Gerald W. Schlenk Clerk -Administrator GWS:k M $ 462.357 PLANNI N der the permitted uses of the limited business classification. Id. Village council's denial of oil com- pany's petition for rezoning of oil com- pany's land to permit erection of a service station thereon on the ground that a service station was not the beat use of the land and was not compatible with the council's comprehensive zon- ing ordinance did not, without evidence to the contrary, constitute arbitrary or capricious action on the part of the village council. Id. Where village council's denial of oil company's petition to rezone its tract of land from limited business to general business to allow erection of a gasoline service station was based upon a legis- lative determination to perpetuate the council's preexisting comprehensive zon- ing ordinance which was not proven In- valid nor shown to deny petitioner a reasonable use of its land, the village council should not have been ordered to rezone the tract. Id. 5. Review Where reasonableness of zoning ordi- nance Is debatable or where opinions differ as to desirability of restriction -it Imposes, courts are not to interfere with legislative discretion. Freeborn County v. Claussen, 1972. 295 Minn. 96, 203 N.W.2d 323. 462.358 Procedure fofeplan effectuation: subdivision regulations Subdivision L. Authority to regulate. To provide for orderly, economic, and safe development of land and urban services and facilities, and to Promote the public health, safety, morals and general welfare, a municipality may adopt subdivision regulations which include minimum physical standards and design requirements as to such urban services and facilities, and proce- dures.for plat approval, including a procedure for appeals from actions of the platting authority. Subdivision regulations shall be adopted by ordinance when the governing body is the platting authority and by resolution when the platting authority is an agency other than the governing body. A municipality may by resolution extend the application of its subdivision regulations to un- incorporated territory located within two miles of its limits in any direction but not in R town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each -is' authorized to control the subdivision of land equi- distant from Its boundaries within this area. Subds 2. Terms of regulations. Subdivision regulations shall require that a proposed subdivision plat shall be in conformity with the official map if such exist. In establishing requirements for the location and width of streets, the municipality shall take into consideration anticipated traffic needs -and the prospective character of the development and make any reason- able requirements therefor. As a condition to the approval of any subdivision plat of lands to which the regulations apply, subdivision regulations may pre- scribe requirements concerning the extent and manner in which streets shall be graded and improved, and electric and gas distribution lines or piping, wa- ter, sewer, or other facilities shall be installed. The regulations may provide, or authorize the governing body or other platting authority to provide, that, in lieu of the completion of such work before the final approval of the plat, the governing body or. platting authority may accept or require a contract se- cured by a cash deposit, certified check, or a bond in an amount and with surety and conditions satisfactory to it, to assure the municipality that such improvements and utilities will be actually constructed and installed Re- cording to the specifications approved by the governing body or platting authority as expressed in the contract; and the municipality may enforce such contracts by appropriate legal and equitable remedies. The subdi- vision regulations may require that in appropriate plots of subdivisions to be developed for residential, commercial, industrial or other uses, or as. a Planned development which includes residential, commercial and industrial 58 ,ONING PLANNING, ZONING § 462.358 der the permitted uses of the limited business classification. id. uses, Or any combination thereof, that a reasonable portion of each proposed Village council's denial of oil com- s pany's petition for rezoning of oil com- subdivision be dedicated to the public f or Public use as packs, playgrounds, pany'a land to permit erection of a public open space, or storm water holding areas or ponds, or that the subdivi- 'equivalent I service station thereon on the ground that station was not the best der contribute an amount in cash based on the fair market value a service use of the land and was not compatible 01 the undeveloped ped land, as defined by theregulations, provided that cash with the council's comprehensive zon- ing did not, without evidence payments received under such- regulations shall be laced in a B y p fund b ordinance to or 't to the contrary. co constitute the municipality y q p ity and used only for the acquisition of land for parka, play - r par pant ofryt he le Id. - rounds ,public open space and storm water, holding. areas or ponds, develop - village council. s Where village council's dental of oil of ,0 ment of existing park and playground Bites public open space and storm we- holding company's petition to rezone its tract limited business to general ter areas or ponds, and debt retirement in connection with land pre land from i_ business to allow erection of a gasoline ViOUSl acquired y for such public purposes. .The subdivision regulations, in ,t service station was based upon a legis- determination to perpetuate the setting forth the reasonable portion of each proposed p posed subdivision to be dedi- 4- lative council's preexisting comprehensive zon- rated to the p p public for public use as provided above, may take Into considera-. ing ordinance which was not proven in- tion the open space, park, recreational or cominon areas and facilities which nor shown to deny petitioner village 4y , reasonable a use of its land, the village P the subdivider has'provided for the exclusive use of the residents of the sub - is council should not have been ordered council division. to rezone the tract. Id. e 5. Review A municipality may, through subdivision -re ulations, g prohibit or restrict ,I-e where reasonableness of zoning ordi- �ja nance is debatable or where opinions development for purposes of soil and water conservation. Such soil and -r- differ as to desirability of restriction ity water Conservation regulations ma p Call for Site development plans with �-a imposes. courts are not to interfere provisions for the control_of drainage, erosion, and siltation. Fot with legislative discretion. Freeborn County v. Claussen. 1972. 295 Minn. Subd. 3. Plat approval. After a municipality adopts subdivision regula- 96. 203 N.W.2d 323. tions, copies of the regulations shall be filed with the county register of deeds atlon• subdivision regulations as provided in sections 462.351 to 462.364. Thereafter, no subdivision plat � To provide for orderly, economic, for land within the area to which the regulations are applicable shall be urban services and facilities, and to d urte.ban filed or accepted for filing unless it is accompanied . by certified copy of n orals and general welfare, a municipality the resolution approving it. Before a subdivision plat is approved, it shall vhich include minimum physical standards be reviewed by the platting authorityas to its conforms � � � subdivision h urban services and facilities, and prose- regulations. The. platting authority may p g y y prov-ide that proposed plats and procedure for appeals from actions subdivision developments be referred to the planning agency for review regulations shall be adopted by ordinance p y and recommendation.. Unless otherwise provided b law or charter, prior tting authority and by resolution when the to the approval of a plat by the Platting g authority, a public. hearing shall r than the governing body. A municipality be held thereon after notice of the time and place thereof has been pub- cation of its subdivision regulations to un- fished once in the official newspaper at least ten days before the day of c two miles of its limits in any direction in the hearing. At the hearing all persons interested in the plat shall be heard and the platting authority may thereafter approve disapprove Rd subdivision regulations; provided that or the plat but failure of the platting authority to municipalities have boundaries less than act on the application within 60 days is deemed approval. The grounds for any refusal :d to control the subdivision land ehan to approve a plat shall be set forth in the proceedings of the his area. platting authority and re - ported to the applicant. After approval a plat may be filed Subdivision regulations shall require that or recorded as otherwise provided by law. ae in conformity with the official map if Suhd. 4. Restrictions on filing and recording conveyances. Irements for the location and width of In a muniei- pality in which subdivision regulations in ke into consideration anticipated traffic are force and have been filed or Morded as provided in this section, no conveyance of land to (% of the development and make any reason- which the regu- lations are applicable shall be filed 3ndition to the approval of any subdivision or recorded, if the land is described in the conveyance by metes and bounds or by reference by feeor ms apply, subdivision regulations may pre extent and manner in which streets shall to an unapproved tared land survey made after April 20 a unapproved regis- pproved plat made is and gas distribution lines or piping, wa- after such regulations become effective. The fore going provision does not be installed. The regulations may provide, apply to a conveyance if the land described: l other platting authority to provide, that, (1) was a separate parcel of record April date of of pork before the final approval of the plat, subdivision regulations under Laws 1945, Chapter 287,1the whchever s thelon later, iority may accept or require a contract se- or of the adoption of subdivision regulations ter, or g pursuant to a. home rule char - check, or a bond in an amount and with (2) was the subject of a written a r eement to to it, to assure the municipality that such ' convey entered into prior to such time, g actually constructed and installed Re -t (3) was a separate parcel of not less than roved by the governing body or platting tract; and the municipality may enforce two and one-half acres in area t in width on January and 150 feey 1, 1966 or is a single parcel of land of not gal and equitable remedies. The subdi- less than five acres and having a width of not less than 300 feet. : in appropriate plots of subdivisions to be In any case in which compliance with the foregoing restrictions will create 'cial, industrial or other uses, or as a an unnecessary hardship and failure to comply does not interfere with the es residential, commercial and industrial purpose of the subdivision regulations,p g y y the platting authority may waive such 58 compliance by adoption of a resolution to that effect and the conveyance may f 59 gve municipal Fting the com- tbe plan, the on., A notice once in the day of the liall be trans - le of hearing. 0 or of any the members ill or amend - ,'the govern - fed by char- jobers adopt coded as the fescribed by tl constitute C. 670, ii 5, ,by endeavor 11th century mall nonin- pcompllshed iiensive mu - Ss 1section. 0 zoning or - ,bile health, V. City of 178 ,N, W.2d %ance con - ,annexation porate lim- ILAtty.Gen., he recom- dpal plan se to the eplan or following Ins, regu- edination ty, urban ipal plan d a copy ty within gital im- ry there- ! muniel- taisition, ing body coed, its ovement tency to th other to have nay, by 1 of this Ition or PLANNII` NING § 462.357 disposal of real property or capital improvement has no relationship to the comprehensive municipal plan. Laws 1965, C. 670, f 0, eff. Jan. 1, 1966. Library references provide for them city, which referred Municipal Corporations e=41, matter of acquls city of land C.J.S. Municipal Corporations required 84. 4! 83, for roadway connecting bridges to plan- ning commission and which approved 1. In general the acquisition during time heto nayring was adopting Concept, comprehensive lin resolution helstructio In not tyhe bridges complied with that approval of planned unit develop- Tequirements of statute that planning ment amends comprehensive plan to agency, which was to be advisory to city conformity with It is -is not jmy erwise rmi blen of propcouncil. erttreview prior acquisition and disposal so long as procedures for securing a of. Id. prior to authorisation there - permit for a planned unit development Proposed acquisition of real property fairly provide for airingg the topic. for interstate or state trunk highway Chandler v. KSOIes, 1971, 291 Minn. 196, construction should be referred to the 190 N.W.2d 472. planning agency created by the muniel- Granting motion of city to reopen in panty under 1 462.364 prior to the ae- order to introduce additional vidence qulsition of the property. OD.Atty. relating to subsequent action of' planning Gen., 63-b-24, Dec. 9, 1971. - commission approving acquisition of City could not enforce zoning ordi- land for bridges was not abuse of dis- nance against school property where the cretion, where ordinarily there would ordinance was in conflict with the law - not have been a trial on the merits of ful exercise of state control prescribed taxpayer's action challenging construe- by § 121.15. but the city could enforce tion of bridges until subsequent date an ordinance against school property and where action taken was relevant to -which was not in conflict -with the pro - determination of whether city had com- visions of the cited statute. Op.Atty. plied with statutory requirements relat- Gen., 59-a-32, Sept. 25. 1969. ing to planning commission review of A press box constructed on a school acquisition of property prior to author- athletic field would not be a school n a pon thereof. Lerner v. City of Min- building within the meaning of ¢ 121.15, neapolis, 1969, 284 Minn 46, 169 N.W.2d and would be subject to the zoning reg- ulations Purpose of this section is to ulSchool ofboiards would lbe required to review of overall municipal development advise a planning agency In those mu - of 'planning commission, the authority nicipalities which have a comprehen- charged with responsibility of recom- slue municipal plan of their plans to mending comprehensive land -use plan acquire, for the municipality. Id. dispose of or improve the Where planning commission had rec- school district property, but the plan - Where construction 'of bridges and d s rice tocyop;T 1pay with Itsl the school t d n tlame d city a land ustion on Its plans Inniti — community development. Op.Atty.Gen.r l 462.357 Procedure for plan effectuation; gtuation; zoninug 8' 1966. Subdivision L Authority for zoning. For the purpose of promoting the Public health, safety, morals and general welfare, a municipality may by ordi- nance regulate the location, height, bulk, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings -and structures for trade, industry, residence, recreation, pub- lic activities, or other purposes, and the uses of land for trade, industry, resi- dence, recreation, agriculture, forestry, soil conservation, water supply conser dr}tion, conservation of shorelands, as defined in section 5, flood control watt or other purposes, and may establish standards and procedures regulating such uses. -The regulations may divide the municipality into districts or zones of suitable -numbers, shape and area. The regulations shall be uniform for each class or kind of buildings, structures or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regula- tions shall be known as the Zoning Ordinance and shall consist of test and maps. A city may by ordinance extend the application of its zoning regula- tions to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same ex- tent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area Subd. 2. General requirements. At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying 53 an additional deptn for J4 screen �! ��� Planting along the rear lot line. 9• Access to Thorou hfares. where a plat is ad' In those instances �acent to a limited access highway or other major highway or thoroughfare, no direct vehicular a be permitted from individual lots to such highwa . ccess shall Y h. Natural Features. In the subdividing of land regard shall be shown for all natural features , growth, water courses � including tree historic places and similar Of the area amenities which if preserved will add attractiveness and stability to the area. i• Lot Remnants: Lot remnants which are below minimum lot area or dimension must be added to adjacent surrounding lots rather than to be allowed to remor unusable outlot or remain as -an parcel unless the subdivider can show acceptable plans for the future use of such remnants. SECTION 9. CONSTRUCTION OF IMPROVEMENTS. 9_01 General Conditions. Upon receipt of preliminary approval of a plat by the Village Council and Prior to Council approval of 'the final Plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, the sole expense of the subdivider, of such improvements as a at shall be required b s y the Village, which improvements may include, but are not limited to streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, Public 9 Y and P utility services. The installation of said improveme shall be in conformitynts with Village approved construction plans and specifications and all applicable Village standards and nd 9_02 Performance ' Contract. Prior to the installation -19- of any required improvements and prior to Village approval of the final plat, the subdivider shall enter into a contract with the Village which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with Village approved construction plans and specification! and all applicable Village standards and ordinances. Said contract shall provide for the supervision of construction by the Village Engineer; and said contract shall require that the Village be reimbursed for all costs incurred by the Village for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth.- 9.03 Financial Security. The performance contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: a. Escrow Deposit. The subdivider shall deposit with the Village Treasurer a cash amount equal to 110% of the total cost of such improvements as estimated by the Village Engineer, including the estimated expense of the Village for engineering and legal fees and other expenses incurred by the Village in connection with the making of such improvements. b. Performance Bond. In lieu of a cash escrow deposit, the subdivider may furnish a performance bond, with a corporate surety satisfactory to the Village, in a penal sum equal to 110% of the total cost of such improvements as estimated by the Village Engineer, including the estimated expense of the Village for engineering and legal fees and other expenses incurred -20- by the Village onnection with the maki f such improvements. C i C. Conditions. The performance contract shall provide for a completion date on.which all of the required improvements shall be fully installed, completed and accepted by the Village. The completion date shall be determined by the Village Council after consultation with the Village Engineer and the subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The performance contract shall provide that in the event the required improvements are not completed within the time allotted, the Village shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to Village standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction,'the Village Council may assess the remaining cost to the lands within the subdivision. 9.04 Construction Plans. Construction plans and specifications for the.required improvements conforming in all respects with the standards and ordinances of the Village shall be prepared at the expense of the subdivider by a professional engineer registered by the State of Minnesota. Such plans and specifications shall be approved by the Village Engineer and shall become a part of the performance contract. Two prints of said plans and specifications shall be filed with the Village Clerk. 9.05 Inspection. All required improvements shall be inspected during the course of construction by the Village Engineer and acceptance of said improvements by the Village shall require the prior written certification by.the Village Engineer that said improvements have been constructed in compliance -21- sukstituted for the screen v A .ce at the discretion of the Council: provided, fro=interior of thebuildij,,, anu ed schedule and sequence of devel- �� however, that any such screen planting shall fulfill the foregoing height and have no advertising or display which is visible from the outside of the building, opment. b. Within 14 days after the submis- opacity requirements throughout each season of the year within 24 months and irvhich facilities are provided pri- maril. for the residents of the building. sion of the proposed preliminary devel- opment plan the Zoning Administrator after date of planting. 14.05 . Procedure for P-1 Planned Resi- dential'Development District Zoning, shall review the proposed plan, and may schedule meetings with the appli- 12.I1 General Regulations. 1. Additional regulations in the I-1 Indus- Platting and Development. 1. Ownership and Unified Control: cant for the purpose of presenting his findings or recommended modifica- trial District are set forth in Section 19. 12.12 Boundaries of the I-1 Industrial a. Land proposed to be developed as tions. The Zoning Administrator shall District. The boundaries of the I-1 Indus- trial District shall include the following a P-1 Planned Residential Develop- ment District shall be under single either grant preliminary approval of the proposed plan as submitted, or described tracts and parcels of land: ownership or unified control. The own- grant preliminary approval subject to SECTION 13. (Reserved for future use ► er or controlling entity shall hereinaf- ter be referred to as the applicant. Cen- specified modifications. or deny pre - liminary approval of the proposed plan SECTION' 14. P-I PLANNED REST- DENTIAL DEVELOPMENT DISTRICT. tralized management shall be a desired characteristic of a P-1 District. stating reasons for the denial. c. If the proposed preliminary devel- 14.01 Objectives. The Village being 2. Sketch Plan: opment plan is denied or approved with confronted with increasing urbanization a. The applicant may prepare a conditions with which the applicant and acknowledging that technology of sketch plan of the proposed develop- does not agree, the applicant may re - land development and demand for hous- ment for review by the Planning Com- quest that the proposed plan be for- ing are undergoing substantial and rapid mission. Such sketch plan will be con- warded to the Planning Commission for changes. intends: sidered as having been submitted for its consideration. 1. To provide the means for greater crea- informal discussion between the appli. 4. Preliminary Development Plan: tivity and flexibility in environmental cant and the Planning Commission. a. A preliminary development plan design than is provided under the strict b. Submission of a sketch plan shall shall be submitted to the Planning application of the zoning and subdivi- not constitute formal filing of an appli- Commission together with an applica- sion ordinances without compromising cation for development of a P-1 Dis- tion for rezoning within 45 days from the health. safety. order. convenience and general welfare of the Village and trict. On the basis of the sketch plan, the Planning Commission may infor- the date of the decision by the Zoning Administrator on the proposed plan. its residents: mally advise the applicant of the extent b. The preliminary development plan 2. To encourage the more efficient allo- to which the plan conforms to the Com- shall conform to and include all of the cation and innovative use of common prehensive Village Plan and the stand- information required under Subsection open space adjoining residential build- ards of this and other ordinances of the 3 of Section 14.05 of this ordinance. and ings in order that greater opportunities Village. and may discuss possible modi- such additional information requested for better housing and recreation may fications necessary to implement ap- by the Zoning Administrator. In addi- be extended to the residents of the Vil- proval of the plan. tion. the following shall be required: 1 I lage: 3. To provide for the establishment of 3. Proposed Preliminary Development Plan: detailed drawings of land uses showing proposed buildings, parking and garag- regulations and procedures for planned a. Prior to the submission of an ap- ing arrangements, common open space residential district development de- plication forrezoning, the following areas. recreation improvements and signed to meet the need for moderate documents,: which in their entirety structures, and open spaces around and low cost housing, including the uti- shall constitute a proposed preliminary buildings and structures, 2) prelimi- lization of preconstructed and preas- development plan. shall be filed with nary elevation drawings of all proposed sembled dwelling units of a permanent the Zoning Administrator: structures and buildings except de- nature without sacrificing quality con- (1) Maps and drawings which may be Cached single family dwellings. 3) a struction and assembly standards and tax base: and in a general schematic form and perspective drawing or model which 4. To provide administrative procedures showing: a► enough of the area surrounding the proposed develop- clearly shows the architectural style of the development. 4) proposed agree - which can relate a planned develop- ment to demonstrate the relation- ments, provisions or covenants regulat- ment district to a particular site and ship of the planned development to ing the establishment. use, mainte- which may encourage the disposition of planned development district proposals adjacent uses, b i proposed land uses. area, population densities nance and continued stability of the planned development and any of its without undue delay. 14.02 Permitted Uses. Within a P-1 and land use intensities for each area of land included in the pro- common open space areas, 51 a sched- ule showing estimated progression of Planned Residential Development Dis- posed development. c I existing development. trict. no building or land shall be used topography. d) existing tree cover, c. The Planning Commission shall except for the following dse buildings. streets and other site conduct a public hearing in accordance 1. Single family dwellings. 2. Two family dwellings. improvements, e) proposed access with the provisions cf this ordinance to 3. Multiple dwellings. system. indicating both public and private streets, f I common open consider for approval or disapproval the application for rezoning and the 4. Townhouses. 14.03 Accessory Uses. Within a P-1 space and public uses, including schools. parks. recreation areas preliminary development plan. At the conclusion of such hearing the Planning Planned Residential Development Dis- and undeveloped properties, g I the Commission shall make its recommen- trict. the following uses shall be allowed architectural style of each differ- dation to the Village Council which may as accessory to the permitted use: ent type of building. include the following: 1) approval or 1. Subordinate uses which are clearly and 12, A written report or statement disapproval of the rezoning application. customarily accessory to the permitted which shall include a) the nature of 21 approval of the preliminary develop - use. 14.04 Conditional Uses. Within a P-1 the applicant's ownership or con- trol in the land proposed to be de- ment plan, 3) disapproval of the prelim- inary development plan stating reasons Planned Residential Development Dis- trict. the following uses may be allowed- veloped. b 1 a description of the type of proposed development, in- for the disapproval, 41 approval of the preliminary development plan subject but only upon the securing of a Condition- al Use Permit: eluding population densities and to specified modifications and condi- 1. Retail shops and restaurants situated land use intensities, c 1 requested modification in the requirements tions. d. The Planning Cmmission shall entirely within a multiple dwelling building, and which are accessible only of this ordinance otherwise applic- able to the property, d) the expect- recommend a written time schedule for development, and shall specify a time 15 limit within which a final development Zoning Administrator. plan of all units within the project shall 14.06 Revisions and C6a°ges. be Bled with the Zoning Administrator 1. Minor Changes: Minor changes in the provide a district appropriate for hi d for submission to the Planningdensity residential uses and office build mission and the Village Com placement and height of buildings or 1°gs for administrative, financial and pro e. The Village Counciiloumay 11 a structures may yfessional uses, particularly in transition Y be authorized by the al situations between business or industri prove the preliminary development ennineering An or othrator er circumstancesrequired not plan and application for rezoning. 2) engineering Y al districts and residential districts. disapprove the preliminary foreseen at the time the final develop- It is further intended that to the extent ment plan and application (r rezoning horsnenplan was a P reasonably possible the P-2 District be such au - stating reasons for the disc r thohZation shall be inVwriting and filed characterized by central management, 3► approve the PProval, or in the office of the Zoning Administra- integrated architectural design of build - preliminary develop- tor. ings, joint or common use of parking and ment plan and application for rezoning 2. Amendments: Changes in uses, an re - subject to specified modifications and other similar facilities and a harmonious conditions. Y selection and efficient distribution of arrangement of lots, blocks, or building permitted uses within the district. 5. Final Development Plan: tracts, any changes relating to common 15.02 a. A final development plan shall be open space areas, and all other changes Planned Unit�Development D strict, no filed with the Zoning in to in the approved final development plan be submitted to the Planning may be made b P building or land shall be used except for b.e and the Village Councilwithin mmhe only after a y the Village Council the following uses: ping Commission and the submtiss on of I Single family dwellings. time limit specified by the Planning its recommendations thereon to the Vil Commission as provided in subsection 2• Two family dwellings. Co above. lage Council. No amendments may be 3. Townhouses. b. The final development plan shall made in the approved final develop- b. 4. Multiple dwellings. include the following: development ment plan unless they are found to be 5• Administrative offices. plat in accordance ith11 preliminary required by changes in conditions 6 Medical, dental, legal and similar pro - provisions of Ordinance 33,e applicable which have occurred subsequent to fessional offices. Subdivision Ordinance, Chanhassen approval of the final development plan. 7. Financial institutions. agreements, provisions, covenants and or by changes in the developmentpoli- 8' Restaurants. specifications required for a cY of the Village: All such changes shall 9. type. not including "drive-in" the final development pproval of be filed in the office of the Zonin Ad - the final development n plan. 2) final g 15.03 Accessory Uses. Within a P-2 minilopme p amendments to the final Planned Unit Development District. the final site plans includineCaications, 3) development plan. schedule, 41 engineering landscape 14.07 Annual Review. following uses shall be allowed as acces- ports as required b g plans and re- 1. Planning sory to the permitted use: y the Council, t r g Commission Review. The 1. Subordinate uses which are clearly and other information or documents re Planning Commission shall review all oust quired by the Council for the a Planned Unit Development Districts at use, Customarily accessory to the permitted of the final developmentPProval least once each year and submit a re- 15.04 lop plan including port to the Village Council on the status Development Procedure 'Strict Zoning, Unit a planned unit development contract and any bonds, deposits of of development. security: p° money or 2. Village Council Action: If the Village and Development. g Platting C. Approval of the final development Council finds that development has not 1• Zoning, Platting and Development: plan shall not be granted by the Villa a occurred within a reasonable time af- a- Procedures for the zoning. Council unless a finds the following: jl ter approval of the final development bed overnedmb development of a rov District seal the proposed g= plan, the Village Council may instruct g flic t with the Comp eheis ns cot i Village y the provisions o1 _ the Planning Commission to initiate t1°ns 14.f15 to 19.07 inclusive of this ordi- l'lan, 2) the proposed rezoning to the original zoning district 15,05e P posed development is by removing designed in such a manner as to form a ingBuilding Design and desirable and unified environment the Planned District zon lion. g Construe - within its own boundaries, 3) the pro- tio14.08a. Building Design and Construe- 1 Multiple Residence Buildin s: Posed uses will not be detriWithin mental to District, building design and con - present and future land uses in the Sur- I Multiple Residence Building: Within a nrsction for multiple residence build rounding area, 41 any exceptions P 1 District, building design and con- shall bed buildings accessory thereto, zoning and subdivision ordinanc snare struction For a multiple residence build- governed by the provisions of justified by the design of the develop, 1°g containing more than 12 dwelling 2. CommercialtBt ��din is ante. ment- 5► the planned development units, and buildings accessory thereto, District, building designand sufficient size, composition and aof shall be governed bg Within a uc- y the provisions of lion for all buildings ther thanmulti. that its construction and Section go a this ordinance. operation is feasible as a complete unit 14.09 Common Open Space. pie residence buildings shall be without dependence upon any other I. The establishment, use, maintenance Of thernee ordinance. by thevisions of gov- unit, 6) the planned develo and disposition of Common Open Section 9.06 not create an excessive burden on areas within a p_ Pe Space 15.06 Land Use Intensity. goverened by the provisions of Secstrict lbe tion I. t ct Commercial Buildings: With a P-2 Dea parks, schools, streets and other public facilities and utilities which are pro- 21 of this ordinance. in the lot area Posed to serve the development. 7) the 19,10 General Regulations. shall be occupied by buildings. 5-07 Planned development will not have an L Additional regulations in the P-1 Plan- 1. IThe establishment.om na use. adverse impact on the reasonable en -pen Space. ned Residential Development District and disposition of Common pen Space joyment of neighboring property- are set forth in Section 19. areas within a P-2 District shall be d. The Village Y 14.11 Boundaries of the P-1 Planned governed by the provisions is pen Space g Council may 1) ap- Residential Development District. The of this ordinance. prove the (final development plan, 21 boundaries of the P-1 Planned Residential 15.08 Section 21 disapprove the final development plan stating reasons for the disapproval. Development District shall include the I. Additionalregulationin the P-2 Plan- 3) approve the final development plan land wing described tracts and parcels of ned Unit Development District are set subject to specified modifications and conditions. SECTION 15. P-2 PLANNED UNIT 15r09 m Section 19. e. It approved, the final development DEVELOPMENT DISTRICT. Boundaries of the P-2 Planned Plan shall approved filed a the office of the Objectives. The P-2 Planned riestof he P Development Pla ned Unit Development Unit Development District is intended to District shall include the following de- pment 16 TELEPHONE 335-5884 GRANT W. A.NDERsoN ATTORNEY AT LAW 1009 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 July 8, 1975 Mr. Russell H. Larson Attorney at Law First National Bank'Bldg. Minneapolis, MN 551402 Re: Kenneth E. Beiersdorf Dear Russ: Since my meeting with you the other day I have had further dis- cussions with Mr. Beiersdorf relating to your proposed agree- ment with the Village of Chanhassen. We understand that the Village is not willing to be a party to money making schemes by speculators or promoters. However, Mr. Beiersdorf is not in that category. He purchased and has continued to own the land and in good faith intends to improve it when and as he is able to do so. In addition, at considerable expense to himself, Mr. Beiersdorf employed the services of a professional planner and by working cooperatively with the Village has developed a comprehensive plan for improving the property. This is further evidence of his good faith. I know of no law or statute which gives the village the right to require a property owner to agree to improve the property in any specified time or manner as this proposed agreement does. In the instant case, the village has previously zoned the property so that approximately 22 acres may be improved for multiple dwell- ing purposes, approximately 16 acres may be improved for commercial development and the remaining 32 acres improved for industrial development. Mr. Beiersdorf objects to any present change in that zoning. With conditions as they are today, it is impossible for the property owner to be certain that he can comply with the mandatory requirements of the agreement. Furthermore, the agreement requires the property owner to waive such legal rights as are available to him under presently existing and future laws and statutes and to leave himself wholly at the mercy of the village officials. Mr. Russell h. Larson July 8, 1975 Page Two In effect, the provisions of the agreement preclude the property owner from resorting to the courts if the property owner is of the opinion that the village officers were proceeding improperly. We feel that no such waiver should be required. Another equally important facet of the case relates to the type of improvement which should be made. At the present time, Mr. Beiersdorf is attempting to improve the property in accordance with the zoning and plan which has already been approved. However, with the existing uncertainty in economic conditions, and the uncertainty as to his ability to perform, Mr. Beiersdorf cannot obligate himself to make the improvements which are presently contemplated. Ultimately it may be found that that would not be the best use of the property. In time it might be shown that some or all of the property should be used for single residence purposes or for other uses. The property owner should not now be asked to preclude himself from making some other proper future use of the property. Paragraph 20 of the.agreement prohibits the property owner from selling the property without the approval of the village. Here again it seems unreasonable for the village to say that the property owner may not sell his property. These are some of the things about the proposed agreement which seem objectionable. They explain why Mr. Beiersdorf is reluctant to sign it. You are an expert on laws relating to zoning. If I am wrong in my interpretation of the agreement and the applicable law, perhaps you can point out my errors. Very truly yours, Grant W. Anderson GWA:r RussELL H. LARsoN CRAIG M. MERTZ R.ITSSELL H. LARSON ATTORNEY AT LAw 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 February 10, 1975 Mr. Bruce Pankonin City Planner Box 147 Chanhassen, Minnesota 55317� Re: Chanhassen Village P-3 Dear Bruce, TELEPHONE 335-9565 Attached for your review and ultimate submission to the Council for approval is the revised agreement concerning the preliminary development plan of "Chanhassen Village". Your draft of the agreement was most helpful in the preparation of the enclosed document, and you will note that I have added very little to the agreement as you initially proposed it. Very tr3 1`y)yours, Russell H. Larson RHL:sh Attachment ;YOR cc: Mr. Kenneth Beiersdorf Chanhassen City Council AGREEMENT CONCERNING PRELIMINARY DEVELOPMENT PLAN OF THE "CHANHASSEN VILLAGE" P-3 PLANNED COMMUNITY DEVELOP- MENT DISTRICT IN THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA This agreement made and entered into this day of 1975, by and between the City of Chanhassen, Hennepin and Carver Counties, Minnesota (hereinafter referred to as Chanhassen) and Kenneth Beiersdorf (hereinafter referred to as Developer). WITNESSETH: WHEREAS: Developer proposes a P-3 Planned Community Development District in Chanhassen to be known as "Chanhassen Village" on the following described land: "The North 1/2 of the Northwest 1/4 of Section 18, T. 116 R. 22, Hennepin County,.Minnesota except that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North 1/2 of the Northwest 1/4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 1/2 of the Northwest 1/4 of said Section 18." (Containing 69.31 acres, more or less). WHEREAS, public services are needed by Developer from Chanhassen to proceed with said development, and; WHEREAS, Developer has furnished Chanhassen with a booklet called "Chanhassen Village PUD Proposed Preliminary Development Plan" dated October 28, 1974, and; WHEREAS, it is the intention of the Developer to proceed with said development in stages and to obtain final development plan approval of each stage as said development progresses and to base his appli- cation for said final development plan approval on said Proposed Preliminary Development Plan. NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Developer agrees to develop the land described above pursuant to the proposed Preliminary Development Plan and to obtain final -2- development plan approval for each stage or phase of said develop- ment from Chanhassen before proceeding with any construction work on each said phase. 2. Chanhassen hereby approves said proposed preliminary development plan subject, however, to the terms and conditions herein contained. 3. Developer represents that said development shall be limited to the following land uses: a) CITY PARK, b) PUBLIC STREETS, c) 15.90 ACRES PLANNED P-3 COMMERCIAL AND d) 37.71 ACRES PLANNED P-3 RESIDENTIAL. 4. Developer represents that he will file with Chanhassen final development plans as required by the Chanhassen Zoning Ordinance for Phase I of said development within three (3) years from the date here- of, and Chanhassen, therefore, limits its approval to said three (3) year period. Developer also represents that he will complete develop- ment of Phases I, II and III within five (5) years from the start of construction of Phase I; and Chanhassen, therefore, limits its approval to said five (5) year period. Developer agrees that he will not con- test withdrawal of said approval at the end of said five (5) year period; provided, however, that completion of the purposes of this paragraph shall mean that a development contract for each specific phase shall have been executed within said five (5) year period by the parties hereto. 5. Developer agrees to donate without cost to Chanhassen, a public park out of said tract extending from the westerly property line east to a point twenty (20) feet east of the centerline of the creek as shown on said preliminary development plan. Title of said park shall be transferred from the Developer to Chanhassen by warranty deed, free from encumbrances within three (3) years from the date hereof. 6. Developer shall improve and donate a perpetual easement to Chanhassen covering a walkway system as more specifically shown and described in said preliminary development plan. The walkway system shall be completed and easement given no later than one (1) year after the completion of the development of the phase in which said segment is located. 7. Developer, at developer's expense, agrees to construct and dedicate to the public the right-of-way for a detached frontage road as more specifically shown in the preliminary development plan. The right- of-way width of said frontage road shall be eighty (80) feet and shall be surfaced thirty-six (36) feet wide according to the City Ordinances. Driveway entrances into said frontage road shall be held to a minimum, but at least two (2) entrances shall be provided for Phase I. Said frontage road shall be completely constructed for whatever length will correspond to the east -west length of Phase I, and shall be pro- vided with a temporary cul-de-sac at the east terminus of said front- age road. 8. It is mutually agreed that a temporary road access to the development shall be constructed with a twenty-eight (28) foot surface at the location as shown on the preliminary development plan. It is mutually agreed that said temporary access shall be removed when the first of the following occurs: a) The aforesaid frontage road is completed eastward to the east City boundary, or b) the aforesaid frontage road is completed by third parties west- ward to an adequate entrance at either Dakota Avenue or State High- way 101. For the purposes of this agreement "adequate" shall mean providing protected left turns off State Trunk Highway 5. 9. Developer agrees that no erosion of the State Highway right- of-way shall occur during site grading. 10. Developer agrees to file a soil and water conservation plan with Chanhassen as part of the Final Development Plan. Said Soil and -Water Conservation Plan shall include: a) a time table for development phases including a land grading plan for building sites, streets, utilities, erosion control, and surface and sub -surface drainage; b) location of stock pile areas for topsoil that will be used in final grading for landscaping; c) a plan for final revegeation which will include provisions that sod or grass seeding areas exposed in excess of thirty (30) days shall be mulched or shall be planted to temporary annual grass; d) a plan for surface water run off and provision for grass waterways and storm drains as may be needed; and e) a plan for grade stabilization structures that may be needed to prevent the advance of the gully running through the southwest corner of the hereinbefore described property. Chanhassen reserves the right to require such modifications of said soil and water conservation plan as it deems necessary. 11. Developer agrees to file with the Riley -Purgatory Creek Water- shed District an application for a land alteration permit. Said application shall show construction plans for erosion protection facilities to be employed during and after construction. Said permit application shall be filed with the Watershed District as soon as grading plans are available. 12. All stormwater drainage facilities within said development shall conform to the design standards of the Riley -Purgatory Creek Water- shed District and Chanhassen. The developer shall construct ponding areas at the start of development in each phase and shall cause all stormwater run-off to pass into these areas during the development of the land so as to prevent any site erosion from passing into Rice Marsh Lake. The developer shall maintain said ponding areas and other erosion control devices in a manner acceptable to Chanhassen and the Riley -Purgatory Creek Watershed District. -5- to be executed on the day and year first above written. In Presence Of: CITY OF CHANHASSEN By Mayor Attest Clerk -Administrator Kenneth Beiersdorf -4- 13. Developer agrees to construct a noise abatement barrier along the property adjacent to State Trunk Highway 5 in conformance to state highway standards. 14. Developer agrees to apply for an entrance rary access road from the State Highway Departmentmit for the temp- 15. The parties mutually agree that Phase I as shown on the preliminary development plan shall contain two (2), thirty-two (32) unit, two (2) story garden apartments; Phase II shall contain two (2), thirty-two (32) unit, two (2) story and Phase III is represented to be a proposed building atomentscontain no more than one hundred twenty-eight (128) apartments in a three (3) story structure with underground shall be designed along the design parking. All apartment structures Old Village as stated in the hereinbeforerreferredametersotoabookleturopean 16. Address of Developer. The address of the developer for the purpose of this development agreement is 17. Developer agrees at his expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of improvements required by the final development plan. All said improvements shall be subject to the City. 18. Developer agrees that all improvements contemplated in the construction of "Chanhassen Village" shall equal or exceed City standards, shall be constructed and installed with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 19. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expense, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and performance thereof by the developer. 20. It is agreed by and between the parties hereto that the within approval of the proposed preliminary development plan of "Chanhassen Village" is personal to Developer and shall not be assigned or transferred without the prior written approval of the City Council. IN WITNESS WHEREOF, the parties hereto have caused these presents MEMO VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 January 29, 1975 Mr. Russell H. Larson 1900 First National Bank Building Minneapolis, MN 55402 Re: Beiersdorf Development Agreement Dear Russ: Attached hereto for your review and comment is one (1) copy of Ken Beiersdorf's development agreement. Please note this agreement contains only those items as mentioned in the City Council's motion of January 20, 1975. To get Beiersdorf on his way, we should try to have this agreement in proper form for the February 17, 1975 Council meeting. Russ, I took the liberty of putting the agreement in the form that I have been using in other communities. Please feel free to word it any way you want to. Respectfully, CITY j�OF. CHANH SE/N Bruce Pankonin City Planner BP:k Enclosure AGREEMENT CONCERNING PRELIMINARY DEVELOPMENT PLAN OF THE "CHANHASSEN VILLAGE" PLANNED UNIT DEVELOPMENT IN THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA This agreement made and entered into -5 day of 1975, by and between the City of Chanhassen, Hennepin and Carver Counties, Minnesota (hereinafter referred to as Chanhassen) and Kenneth Beiersdorf (hereinafter referred to as Developer). WITNESSETH: WHEREAS: Developer proposes a planned unit development in Chanhassen to be known as "Chanhassen Village" on the following described land: "The North 2 of the Northwest 4 of Section 18, T. 116 R. 22, Hennepin County, Minnesota except that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North 2 of the Northwest 4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 2 of the Northwest 4 of said Section 18." (Containing 69.31 acres, more or less). WHEREAS, public services are needed by Developer from Chanhassen to proceed with said development, and; WHEREAS, Developer has furnished Chanhassen with a booklet called "Chanhassen Village PUD Proposed Preliminary Development Plan" dated October 28, 1974, and; WHEREAS, it is the intention of the Developer to proceed with said development in stages and to obtain final development plan approval of each stage as said development progresses and to base its application for said final development plan approval on said Proposed Preliminary Development Plan hereinbefore referred to: NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Developer agrees to develop the land hereinbefore described pursuant to the proposed Preliminary Development Plan hereinbefore referred to and to obtain final development plan approval for each phase of said development from Chanhassen before proceeding with any work on said phase according to Chanhassen Ordinance. Page 2 2. Chanhassen hereby approves said proposed Preliminary Development plan subject, however, to the terms and conditions herein contained. 3. Developer represents that said development shall be limited to the following land uses: a) CITY PARK, b) PUBLIC STREETS, c) 15.90 ACRES PLANNED P-3 COMMERCIAL AND d) 37.71 ACRES PLANNED P-3 RESIDENTIAL. 4. Developer represents that he will file with Chanhassen final Development Plans as per Chanhassen Zoning Ordinance for Phase I within three (3) years from the date hereof, and Chanhassen therefore limits its approval to said three (3) year period. Developer also represents that he will complete development of Phases I, II and III within five (5) years from the start of construction of Phase I, and Chanhassen, therefore, limits its approval to said five (5) year period. Developer agrees that he will not contest withdrawl of said approval at the end of said five (5) year period, provided, however, that completion of purposes of the paragraph shall mean that a development contract for each specific Phase shall have been executed within said five (5) year period. 5. Developer agrees to donate without cost to Chanhassen, a public park out of said tract extending from the western property line east to a point twenty (20) feet east of the centerline of the creek as shown on the hereinbefore referred preliminary development plan. Title of said park shall be transferred from the Developer to Chanhassen by Warranty Deed, free from encumbrances within three (3) years from the date hereof. 6. Developer shall improve and give easement to Chanhassen a walkway system as more specifically shown and described in said preliminary development plan. The segments of said walkway system to be so completed and easement given no later than one (1) year after the completion of the development of the phase in which said segment is located. 7. Developer agrees to dedicate and construct the right-of-way for a detached frontage road as more specifically shown in the preliminary Development Plan. The right-of-way width of said frontage road shall be eighty (80) feet and shall be surfaced thrity-six (36) feet wide according to City Ordinance. Driveway entrances into said frontage road shall be held to a minimum,but at least two (2) entrances shall be provided for Phase I. Said frontage road shall be completely constructed for whatever length would correspond to the east -west length of Phase I, and provided with a temporary cul-de-sac at the east termanius of said frontage road. 8. It is mutually agreed that temporary access to the development shall be constructed with a twenty-eight (28) foot surface at the location as shown on the preliminary development plan. It is mutually agreed that said temporary access shall be removed when the first of the following occurs: a) the frontage road is completed . r 4 Page 3 eastward to the east City boundary, or; b) the frontage road is completed, by others, westward to an adequate entrance at either Dakota Avenue or State Highway 101. For the purposes of this agreement adequate shall mean providing protected left turns off of State Trunk Highway 5. 9. Developer agrees that no erosion of State Highway Right-of-way shall occur during grading. -6 10. Developer agrees to file with Chanhassen as part of Final Development Plan a Soil and Water Conservation Plan. Said Soil and Water Conservation Plan shall include: a) a planned time table for development phases including a land grading plan for building sites, streets, utilities, erosion control, and surface and sub- surface drainage; b) location of stock pile areas for topsoil that will be used in final grading for landscaping; c) provide a plan for final revegetation with sod or grass seeding areas that will be exposed for thirty (30) days or more shall be mulched or be planted to temporary annual grass; d) plan for surface water run off and provide grass waterways and storm drains as may be needed; and e) plan for a grade stabilization structure that may be needed to prevent the advance of the gully running through the southwest corner of the hereinbefore described property. 11. Developer agrees to file with the Riley -Purgatory Creek Watershed District a land alteration permit. Said permit shall show construction plans of erosion protection facilities to be used during and after construction. Said permit application shall be filed with the Watershed District as soon as grading plans are available. 12. All stormwater drainage facilities within said development shall conform to the design standards of the Riley -Purgatory Creek Watershed District and Chanhassen. The developer shall construct ponding areas at the start of development in each Phase and shall cause all stormwater run-off to pass into these areas during the development of the land so as to prevent any site erosion from passing into Rice Marsh Lake. The developer shall maintain said ponding areas and other erosion control devices in a manner acceptable to Chanhassen and the Riley -Purgatory Creek Watershed District. 13. Developer agrees to construct noise abatement barrier along the property adjacent to State Trunk Highway 5 in conformance to State Highway Standards. 14. Developer agrees to apply for an entrance permit for herein - before described as temporary access road from the State Highway Department. 15. The parties mutually agree that Phase I as shown on the preliminary Development Plan shall contain two (2),thirty-two (32), two (2) story garden apartments; Phase 11 shall contain two (2), Page 4 thirty-two (32, two (2) story garden apartments; and Phase III is represented.as an arbitrary building mass to contain no more than one hundred twenty-eight (128) apartments in a three (3) story structure with underground parking. All apartment structures shall be designed along the design parameters of an Old European Village as stated in the hereinbefore referred booklet. 16. Address of Developer. The address of the developer for the purpose of this development agreement is 17. Other items. CUNBASSIN 7610 LAREDO DRIVE • P. O. BOX 147 January 17, 1975 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 FROM: Zoning Administrator TO: Mayor and City Council SUBJECT: Request for P-3 Preliminary Development Plan approval: Ken Biersdorf Chanhassen Village PUD. REF: (a) Zoning Ordinance 47 Section 16 ENCL: (1) Planning Commission minutes dated May 22, 1974 (2) Planning Commission minutes dated May 29, 1974 (3) Planning Commission minutes dated June 12, 1974 (4) Planning Commission minutes dated June 26, 1974 (5) Zoning Administrators letter dated July 5, 1974 (6) City Engineer's letter dated July 15, 1974 (7) Park Commission minutes dated July 16, 1974 (8) City Planner's letter dated July 17, 1974 (9) City Planner's letter dated July 17, 1974 (10) District Conservationist's report dated July 17, 1974 (11) Ken Biersdorf's report dated May 22, 1974 (12) Planning Commission minutes dated July 24, 1974 (13) City Planner's report dated August 21, 1974 (14) City Engineer's report dated August 23, 1974 (15) Ken Biersdorf's report dated October 28, 1974 (16) City Engineer's Memorandem dated August 7, 1974 (17) Planning Commission Minutes dated August 28, 1974 (18) City Engineer's letter dated October 7, 1974 (19) State Highway Commissioner's letter dated October 31, 1974 (20) District Conservationist's letter dated November 12, 197 (21) Planning Commission minutes dated November 13, 1974 (22) Riley -Purgatory Creek Watershed District letter dated December 9, 1974 1. Enclosures (1) through (22) are forwarded for your review and consideration when taking action on the subject request for P-3 prelininary development plan approval. Respectivel s mitted, Bruce Pankonin Zoning Administrator jim, 'a e2l� e y I �ajzil in favor of •i<:���1y'i 5 'u�''4c^iq ?C�?1.'i� c�';�?'L�?[x, b-;irg tloc��t.lied/].:tn �::Cyi�at �;1'..au Gti1.( .L 't.r��..{.5�.. �1. �ya,�' yd. V.7. j.-+..,�. �'j �C+-. �lsi+'�.LA tom. �.%2. fiy .j�.,y 1i 41•SLi� �ru,-, 1JUd SN��i,M ii.-IfLoiia` use i1--r 1J, u can be i+a-der Pao 'M: s would be afi pPz4 ' .rI Gs."o ' aspac , for thu whole, T az', 11,0t Concerned with the a ,• J� �' true Tii;'i�iC', of r 4h7.S Cps%7;. ojj of 4r?c3 C o;i%TT:: i,7wa a If a,`3 v,,e arci go.i... �% t' � to be c o%2?• c ijed �'7 _ i,;? •G.S?L3 'f mo w," �,i Q 4 f a r �Hy44 > /� t y� T :a,. ..Y,'i��. L�i,�.oya�sj ro`iA/�'41�zc� eo3t,�(,�:o.1.x:`�}pr ��y._..��ae C'1'.�i `.*�S.}>»kL ;.1�.� a. rsC7e 1P, 4•1"i. fdl%j�� ' :,'E' c r b ro, -mate d- o r.ot * l�i�Cl-g t,,jj4 1 si 'ca.d:il'; ' 1.:� $TG' ; 1is to be loested hQre. i cn in :ic:�ror of rah i c CG.11tea' localtJxi in i;hat boil dia--:; c, Daa'a l eg'eJs-'t-1 ., E aga-e- 3 ?•::L 3 the s"d.^nisel-1 6 .,ep ?- d JJ ,"'- l h- his �ru F:ii% r.+,.� I'a,�t�.-_�e �:.s1d .cv.� COsi53 f3rc%±l�i sc r .+ aoca it.J. h a .-a essional peiJpleo tL-, ? �G i ZCai{i. ngo lt'�S all a: l'ua, i;hc:va L;3.e e caii prer -de coma f1cib�..2tlit 1yo e5 �''u Can s Lruc -Care a'w P UD. 1pera;it to i'rGl t-r—ol i tue i was ; cle by Dzn a iid c; �,coii.ded by x+°."'i ax?a Sly'a l tad "'-ha , the P.{e.4.n:.3if'.g co"'1TliLssign fox-oa.rd ihio to the Coi'nc3 --' i wl.t!h oL3c ppr ral srt7� r t 7 gal V�.y y 14%'f. � is a;.,..Si`:the t.''ya:.,,,, n��csaioa� vehich the City Attorney an aipp ic�nt- ir�.0 han-ure to dea). -r,Yth and 'ui'tat w -- g7ac,5t-114i�.�':3 of cir a1,�ati.on, ���'i{?.'.ii�; ds.�;ts'L3:t7:,a tcild ui?to -1;1 S. �.i8 w ken eaz-z of by the City %an� ncor and 111aiinero lho J"oll "iwJng iroted Ln :4.`-.1'4oi9 ; Dan He7bst-g .tQT4 taabbe7:rt"r, yin 't1.G-'lke,., c';•kid Mk 1i.`1xA, R.i.+'..0 Tirii S•1iodaG: c'11?ti Hudson Rollei'Fback ab ate; »L%ed. e'i 'tion ca.rzi Ced" 1d? c�i fTai^'stz S. feal we should have FSWr;,e -im—iL t 1XV 'FLAG �, i iy 1110r;:i`Jy7 0 T°im StoXke - I Congt conzider 3i1."w e.ilx t"t•,L"aart.:ixed to judgq the Specific u5c. I ai.3i iaot £aura 1 understand it well erougl'x 14o say w1i243i:her it is or is nat, y� �T ^2 a good use, Hudson HolleLtbaok "' 1 agree with Tim. I donut- under;;y'Gr'3s'k' d what. r:3;i±ificai. o:as could be � A. 7oT�:Cf?i2c e.� sP_ 4iZC3ai � � over. o I f%:%, �, knt�tiy ixGTvJ t q is Y`ya3 ►� of 7� } �^y (� T (t y (O �'i-pl�L l' <%L,C.w`'Z%�il�.af ��.�. 4.,f..:'i. .+r•-7� PR-Ri p7.�.lr���.�Y.ARY ]JU��•LT..O 41.�rI E 3 T-21 Z !."+ ( Tr _ _ _ _ _ _ _ _ _ ��o:Z P.�..er.�do:�'a � �Tolti:k �a�:tr�.�;�..:; l;t::'a FA FiEd; i Sf�i3 L vx^e��Js'e::Gi?'GG �`ii O .cJ:7 L'r^:a�i�i T'6 St tJd there was r1? wAZing '-Ln all. the raports "Chat ' "hey couldn a t livo with. h. ""!b-py i89 4 r31 th the Pa.:s^r£ and Focxeation Coiap-Lssion on M)cevber 17. his was dosigned as a reiVc,-al prfijvCt and -is intQtY,`.dcid to be a rantai project at this- time. Mn c aoh 32 i) xit coi%plex thera3 i-rLl by e?.- A one bads,-oo,a ivail is of 693 sg7uali'e fest at an estimiated rant of •; 1514o0Q exec l.us 1G:' of garage., 22 Lwo bedy-ooim v_iti.i:a of 9510 st uave fifes t at an eatil7a ted rznt of '',2GGoQ0 t:.:t 1'i: a-ive of aara^.",ge;, and vi-o 2 bedaoom u,zat-3 of 1154 st uar2l feet a -'Co ayl eaatimae.,£od ron.t. of 020.00 exclusive of garage. rao ion was made bf %' _rn SLoaxa ar,,d se-Ondexl by Toad Gabbert obat the Planar ill , Commission recos-amend »d to he Ccanc -1 that uhoy approve prelir•dnary plat and Che p.:eliminazy devel.opmeTat pl-1 an phases 0 2 L d 3 only, Tho developmexlt, plate coa nei de ird-th -'&Jh 3 ap'p"Ll ican is px: --'.'posa of October 26, Lao]--i 32 -tnAt complex will :Zcr7e eight l beR.'ixoosal Lu-2: s of 693 eaoh) 22 tw-') bedroora units of 9;0 squ ::.'e Ee'ii C'aCL1� a;sd t?to 2 bed -rosin -Lnx t-s of. 115, square feet e?.aoh, The i?TI�;]SiIG''k"3a" t%yCi'i,s as tt:z u. , 1974.E da1.y 5,,, 1974j,, and Avg� s t 23�, 1974,, tif"h xespsc to the Cc3xlGer �.ixt3 frontage and tem-poratry ser,7ice aiiad,, The Alma also cfaY.?.fox'ii'a to Co'—wALSO-Loner of Highways letkser a' October 31v 1974., and be in cQn.foxnaance '�,-iwh Doia Dcrg ° s ro .orits of July 17 p 1974., and Havo ber 12, 19741 --'nd iA t,h spee.j.fic attention to the pre ser-,ra�tion. of the gul'o y a Carl Da le oa report, o1 Dacambar 5s 1974.a with specific attention to rho detailed Fiji) pexiuity anc- cons;: derat-ioxao Of the p ^.r; dedUa:ationo The 'ereZi,G:r.^ahed D=i.StAct to report of December It.,19r'4., frith spGo'"I"ic atient4ion to -ho land alteration permit and s't'od.M sower piano 'SubjEsct to a landcape Alai? and Park smad Re aatioa Coxii-wission conuaexa tls of Dacerrber 180 1974o uvergieen F3rvi'eening along the westerrx Sida of the site be conside --d -v4tit the final landscape aid development plano, ho p:t�poed 1aiear pax': systf:M propused in lass area not be dedicated at this tu. ie bat that pnovisiOns be included ir'. the k'J GA;11a1 l rliflJ_J:i:ills .diit'vt;Gj, ;vCC .utS ii: .ill accepting, Vne dedJ oavion of that or requesting a specified easement through the pi`vi?E i j a The '-dedi Cav1oCS could extend ilt?.su L'12 Y�CSIi:' 1,?ki `t^v� �-t a� EaS u iZCJ 2 1Jti: _i1 a �� ti�i;'t E85 t Lis tiaC4 C;eia"be �"�i ne of the ,C:saek, The follow-J i3g voted in favor: D�z Elerbst, Tim Stone., Mcic aIc%x'+. ��, Ii adson I-OIleebacldm Fora Cabbert u-id Jim +rla'_el,+re,, P'ILaxiaixa ShL lstad ab$'L'c^a.'Li1<ed as she :L ves to close,, Motion C'.areLerd. ECKLUUIT)_� AND ZI- E:�.;i_33_j. N S_UCH PLUI; IY-,-ck Fraitson and J-,-;,n Swedlu*ad area: ,noes<_<?�;� J�a a v^-ie��•�.aiiied -61M c^=i3 _" �i ;fie •y r 1�l '^ ff T'� " vo u:a'� ,tip Eia c�.....i �.t:i3 t,t311-.i13i�i^.1-i'li,�� c:�es"iC.=f' _..l.a.. would be no dz d ing of the lake @a d the C:L'eek t o ild be prase tired as apaS'ko w'hare,. s aou d be a pla7g :oi nd area kin tha i2CT''GI1 paryarlt o th.3- deviv.�CpF_- to Plan r' has 144 'lots averaging 19;360 square feet. park has 7.1 ac.-os. 'The developer will proceed viiith proposed p;eLb71ina xy dovejop;i.,env piano I•O SINTu POILLCY 31 CFi SFIA: Dz-rc.e F?a1:ioiij_a discussed the Ketrop,02 tan Counc'31;s Y&L i 3^ O l 6MIAB" `3^ 2' the Coiulcj.1 has directed ha.rra •Iro r�slaan;: to that .�.Q t'i t,E3s^o . A irzotion.vas made by Yla Iane 5_'.%lstfjad �Li d soconded by '1.'a,m .`tone that the P-4"aannin- CoMI'issiGli respoxld un to a no €;O;fma t at t1l s bile to the 1,ae`S'+.Vj,°.-,3olitan COU)"C'' €. but, parllaps ii1 the future ti.'2ey could pre".v de ;7?C3.'u adequate t.J 7i3 In w oh to ravl:OW ra id r..YBci.�; ze the. iT aterlals sued. wed. Hot -ion i�,i ai-iin*iC$1?;>.1.y alppxo1red. A motion was -.iade rv7y aan 106-:"bs ti and Ger-O l'.,'•..ed 1J v T4iP.3 Gabb: et, 1s3'.s.atr the City Bxnace Pau ajCor;kj'n,. ca,111�, ul::s}�{3 r i+ 1 Council !-ba:;; Z)g St -a f and .Yid -cat+e that 44rhc, 1 ::�ti"rIiinv Oo+i4-,daJBioii has bean Oj act- dl by e Council to r spond to vita EOVI; I-1, ), Policy 31 but that ire recekved the le tte ° on such : hio t not- ce it is for U3 to evaluate U-13 �_'E7ioa�.l3� PO.i ray and this is indicative of the way the st-afz and various co.r'mi3." es have been tii^eatii63���.,;; he uzzizdcipalliti.es. 1':'J'i.7.{?n 7,1Xds�a'i? Is.OUSly approved. A motion was reads by Tim- Store aliti 5oct3nd?d by Mariana Shixl3tad Uhat ti.a iT�!c:�:ia3ix C©a;miss:.i.on feels 4ha o the report as subru.ii:ted by Yet„ Council is a clgar and acc—urate raf1.Qc-Uoj, of t1,19 j'ai .Uaie 01 't,'lis tiit;j -to solve its oirz pxob1zxs. 3TlxD following voted in iavorx Miar-i ama Shu s'c,,d.., Nick :daritzg Tire St:onap and Toni pG abbert, jim iUe2lte and Liudson Pao lleriba.ek voted no. .Dan ..e oot, abstaninedo I�3-doors Hyo l ll elaba"cic - 1 don't see i-AIxJ a we have conditions t a1.s Drag 'cam Lakes Caro ofto DOE JPxMEEN FRLPd-IS';O s PO I1�C%; � ziw C' tj, n �a � �, ;, p� 3 a. ,, /1�+ s l . / sen a letter o �l_F3 1"I.G.o�sa.�.,.trc..1 ta`s1 i1ct+ �n r9J j%a �113 7 YaL i i�8 Q3 SGLISSed 57, r3 Spec i a�. 1'i.,c �'atxi.sa / GOIPaiil.SB i 033 132::E3LJ a2, r'`i, 'Z3e'tif ia.9 I-Ti'i,_'x Bruce Pca lIzor-in lvi l'J. be of up to 5 ca`.:i`i3.cture his p orl v+.es and establish goalschid objCutivC:s for 1975o A aTtol,- ion was =-,do by Tom 1. zr bbert sad seconded by Jim IlUelke to ad joura. Mlot ,on unanimously approved. Meeting adjourned at 12:30 aa,m, Secretary ■ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT "CHANHASSEN VILLAGE. " NOTICE IS HEREBY GIVEN That the City Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the IIth day of December, 1974, at 7:30 o'clock P.M. , at the City Hall in said City, for the purpose of holding a public hearing on a preliminary development plan known as "CHANHASSEN VILLAGE" and involving the following described 69.31 acre tract of land: "The North 1/2 of the Northwest 1/4 of Section 18, T. 116 R. 22, Hennepin County, Minnesota except that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North 1/2 of the Northwest 1/4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 1/2 of the Northwest 1/4 of said section 18. " NOTICE IS FURTHER GIVEN That the Planning Commission will meet at the same time and place for the purpose of holding a public hearing on a Preliminary plat known as Phase I of said proposed project. Said public hearings shall be consolidated as one hearing. A plan showing said proposed preliminary development plan and pre- liminary plat is available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE CITY PLANNING COMMISSION ZONING ADMINISTRATOR Dated; November 21, 1974. Publish November 27, 1974, in the Valley Herald. a CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF PRELIMINARY IMPROVEMENT HEARING STATE OF MINNESOTA ) COUNTY OF CARVER ) LLOYD G. SGHNELLE , being first duly sworn, on oath deposes and says that he i�s and was on _ November, 2.5_, : , 1974 the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Proposed Preliminary Development Plan'.& prelim. WMX=XX in the City to.the owner oL each parcel within the area proposed to be assessed for said improvement as set forth in said notice, 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 mails 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 of Carver County, Minnesota- and.bv. of o.nri rarords....._...,.....,.•..•,,._•.......... Subscribed and sworn to before me this h- day of KAY ku ldutLHU1Z a JOTARY PUBLIC • MHNNEs©Tf Notaryhfublic . / *v��• CARVER COUNTY is1y Cnmr i ,iqn ixgire ;!an 30, 183: i d��vrvrvr+rrrvov`��r`rrr�z�+''�•vy►� 'City of Eden Prairie 8025 Cheyenne- Ave. Eden Prairie, INN 55343 Chanhassen, MN 55317 Clarence Hoetstra 8045 Cheyenne Ave. Chanhassen, MN 55317 J. Timothy Martin 8043 Cheyenne Ave. Chanhassen, MN 55317 Michael Johnson 8041 Cheyenne Ave. Chanhassen, MN 55317 Timothy Shannon 8039 Cheyenne Ave. Chanhassen, MN 5531.7 Thomas Russell 8037 Cheyenne Ave. Chanhassen, MN 55317 Mary Ann Wallin 8035 Cheyenne Ave. Chanhassen, MN 55317 Conrad Fiskness 8033 Cheyenne Ave. Chanhassen, MN 55317 R. Craig Shulstad ('�" 8031 Cheyenne Ave. Chanhassen, MN 55317 Edwin Kraftenburg 8029 Cheyenne Ave. Chanhassen, MN 55317 Curtis Boeder 8023 Cheyenne Ave. Chanhassen, MN 55317 Roger Huffman 8021 Cheyenne Ave. Chanhassen, MN 55317 Donovan Boedigheimer 8019 Cheyenne Ave. Chanhassen, MN 55317 Richard Mathews 8017 Cheyenne Ave. Chanhassen, MN 55317 Vernon Husemoen 8015 Cheyenne Ave. Chanhassen, MN 55317 Mrs. Robert Siren 8011 Cheyenne Ave. Chanhassen, MN 55317 Alex Krengel 8009 Cheyenne Ave. . Chanhassen, MN 55317 18u11 W. 78th St. Eden Prairie, MN 55343 Mr. Harry Kerber 18791 West 78th St. Eden Prairie, MN 5534 Gabbert, Gabbert & Be 6950 France Ave. Sout Edina, MN 55435 Donreed Properties 337 Water Street Excelsior, MN 55331 Robert Buesgens Builder; 7701 Arboretum Blvd. Chanhassen, MN 55317.4 Mr. Brad Schoech Pi Griffen Building 8200 Humbolt I Minneapolis, MN 55431 Mr. Ken Beiersdorf Van Sanco Suite 575 ,Southgate Office Plaza ,Edina, MN 55347 Mr. Gene Reilly ; Mr. B.C. Huffines' C/O M.B. Hagen Realty 1.18027 Cheyenne Ave. 1014 Excelsior Ave. Chanhassen, MN 55317 Hopkins, MN 55317 Robert Mason Constructior, 14201 Excelsior Blvd. Mr. Ed Pilch Minnetonka, MN 55343 j 8024 Cheyenne Ave. II Chanhassen, MN 55317 B.C. Huffines State Highway Dept. Ii 8027 Cheyenne Ave. ' 2055 North Lilac Lane flMr. Ray Feldkamp Chanhassen, MN 55317 Golden Valley, MN 18022 Cheyenne Ave. + Chanh � - — — a�-� en- r^T Chanhassen, MN 55317 Mr, Geo. Jennings 8018 Cheyenne Ave. Chanhassen, MN 55317 Mr. Einar Swedberg 8016 Cheyenne Ave. Chanhassen, MN 55317 Mr. Ed McMullen PQI-4 C_t,qyenpg A -t -1 � V@, Chanhassen, MW S5517 Mr. Melbert Lenander 8007 Cheyenne Ave. Chanhassen, MN 55317 Mr. John Dorsey 8047 Cheyenne Ave. Chanhassen, MN 55317 r. 7610 LAREDO DRIVE o P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 s (612) 474-8885 DATE: December 6, 1974 FROM: Zoning Administrator TO: Planning Commission Chairman and Members SUBJ.: Forwarding of additional documents regarding the Beiersdorf Preliminary P-3 Development Plan/Approval of Preliminary Development Plan. REF: (a) Zoning Ordinance #47 Section 14.07, Subsection 4a - d. I ENCL: (18) Bill Schoell's, Consultant Engineer, memo dated ! August 7, 1974. (19) Planning Commission minutes dated August 28, 1974. (20) Bill Schoell's, Consultant Engineer, letter dated October 7, 1974. (21) State Highway Dept.'s letter dated October 31, 1974. (22) Don Berg's, Soil Conservationist, letter dated November ` 12, 1974. (23) Planning Commission minutes dated November 13, 1974. (24) Carl Dale, Consultant Planner's, letter dated December 5, 1974. (25) Riley Purgatory Creek Watershed District's letter dated December 4, 1974. 1. This Letter and the above enclosures are to be filed in your copy of the Beiersdorf Exhibit. 2. Enclosures (18) through (24) are hereby forwarded for your I review and comments when considering the subject request: a. Enclosure (18) contains Bill Schoell's, City Consultant Engineer, memo dated August 7, 1974, which refers to a meeting with the City Staff and Developer's Planner regarding future service road alignment and access to Highway 5. b. Enclosure (19) contains the Planning Commission minute for their meeting of August 28, 1974. C. Enclosure (20) is Bill Schoell's, City Consultant Engineer, letter dated October 7, 1974, which addresses the Highway #5 access to the subject development. DESIGN PLANNING ASSOCIATES, INC. 4826 Chicago Avenue So: Minneapolis, Minnesota 55417 Phone: (612) 822-2106 December 5, 1974 PLANNING REPORT For: Planning Commission City of Chanhassen,. Minnesota By: Carl R. Dale, AIP Planning Consultant Subject: Planning Analysis and Recommendations - Biersdorf P-3 PUD Development Plan Planning Considerations 1. This matter and site has been considered by the Planning Commission on numerous prior occasions and on a monthly basis beginning in July of 1974. Various objections and concerns have been expressed in the past and the land owner/ developer has responded via means of various plan amendments including the fallow- ing: a) Dwelling unit density has been reduced at least three times being originally 13.8 units per acre and then being reduced to 11.8 units per acre. A density range -is indicated by phases from 8.47 as a low to 16.2 as a high with a -total number of units at 256 with a gross density of 11.8; as in the past, we consider this to be quite satisfactory .especially in view of proposed underground parking for a portion of the site. b) Road alignments and temporary access routes have been provided as requested and coordinated with the City Engineer and State Highway Department, c) Buildings have been rearranged due to prior concern by the Planning Commission about placement of structures on the site in relation to topography -and other physical features and locational considerations. d) A general landscape plan has been prepared recognizing setback and screening concerns as expressed by nearby single-family home owners. 2. Based upon our understanding of the Chanhassen Comprehensive Munidipal Plan (all existing versions), the proposed development conforms to the City's land use policy as expressed therein.In previous reports, we have also indicated that it is our opinion that the plan is consistent with, and an improvement over, existing and past zoning policy for the site in question (primarily the elimina- tion of an industrial land use category for a portion of the site). 3. The plan concept is to be designed along the lines of an old European Village; it would seem that this design could very well be related and complimentary to the general development policy and goals for nearby Downtown Chanhassen. PLANNING REPORT -2- December 5, 1974 4. Subject to recommendations by others, we suggest that the designated "public park" not be dedicated for public use but rather it be maintained as a natural green space in private ownership, An easement should, however, be secured for public use of the proposed trail system with public liability insurance provided by the City. It is suggested that it is not necessarily good public policy to accept all land offered for "park" use due to costs, police protection, tax return, and other problems involved. In many instances, the public purpose of open space reservation can be obtained and retained through private means but under control of a PUD or other type zoning contract with appropriate conditions and public use rights and conditions. 5. Building setbacks, locations, and the like seem adequate although final judgment should.be reserved pending analysis of more detailed plans and a final judgment as to the proper -alignment of the major east -west public road. 6. Our recommendation is for approval subject to the following:. a) Comments and suggestions from the City Engineer, SCS, and others. b) A final public decision as to the proper alignment for the east -west public road which, in effect, will become a service road to Highway No. 5 and a - local neighborhood "collector" street. c) Approval of more complete and detailed plans later for first phase construc- tion. d) Development of a complete and detailed PUD Permit with adequate conditions covering the entire PUD area; this should include a carefully worded section on phasing (stage construction component) development of the total area under consideration, e) f) A suggestion by the State Department of Highways that a noise abatement barrier be considered along T.H. #5 may or may not be valid depending upon future detailed planning (an example of such a noise abatement berm exists just to the east along Highway No. 5). It is possible, of course, to require such a barrier later under terms of the PUD Permit which is yet to be developed. Any commercial development on the site can be deferred to correspond properly with public policy related to Downtown development, 7. It is and has been our opinion that the general land use proposal is consistent with the Comprehensive Municipal Development Plan and Zoning policy as expressed by prior governmental action and the existing zoning text and district map. For these and many other reasons, we would not consider the site well suited for single-family home development; if this be the case, however, it would call. -for a change in the basic foundation of the Community Development Plan. Riley- Purgatory Creek Watershed District December 4, 1974 Mr. Lloyd Schnell, Administrator City of Chanhassen Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen Village PUD--Dorf Enterprises Dear Mr. Schnell: 8950 COUNTY ROAD # EDEN PRAIRIE, MINNESOTA 5534 PAA160 R C013t1CJ L!'Jl E,'� . CO UNQLM ED1 . . COUNCILMEN COUNCiLIMEN _.. CLK-ADM. .. TREAS. ASST. ZONING & 8LDG. INSP. PUB, WK. DIR. UTILITY SUPT. The staff of the Riley -Purgatory Creek Watershed District has reviewed the proposal for the above referenced project. The following Watershed District policies and design criteria are applicable to the project: 1. The Riley -Purgatory Creek Watershed District requires that a land alteration permit be obtained for this development. Construction plans showing erosion protection facilities to be used during and after construction must be submitted with the permit application. Due to the proximity of this project to Rice -Marsh Lake and due to the natural drainage way on the west side of the project which would channel erosion directly to the Rice -Marsh Lake area, proper control of erosion from the site will be an important consideration from the Watershed District's point of view. The permit application should be submitted to the Watershed District as soon as grading plans are available for the project. The permit application must be submitted before the final permits are issued to the development by the City. 2. The Managers are pleased to note that a storm water settling pond is proposed within the development. A complete storm sewer plan for the development should be submitted to the District. Thank you very much for the opportunity to review this development. If you have any questions about the Watershed District comments, please do not hesitate to contact us. AG/sb cc: All Managers Mr. Frederick Richards Sincerely, q &�� lan Gebhard BARR ENGINEERING CO. Engineer for the District I DATE: December 18, 1974 FROM: Park and Recreation Commission TO: Planning Commission SUBJ: Beiersdorf P-3 Development The' ".!regular meeting of the Park and Recreation Commission was called to order by Chairman Vivian Beaugrand on December 17 1974 at 8:15 P.M. The following members were present: Denis Stedman, Rich Lyman, Chuck Hirt, Dwight Leatham and Vivian Beaugrand. Margaret Thompson joined later and Bill Engebretson was absent. Mr. Beiersdorf and John Natwick representing the Beiersdorf P-3 Development Plan and Bruce Pankonin, City Planner were also present. John Natwick and Mr. Beiersdorf reviewed the three phrases of development and what they would include. They discussed the'-. usage of the out lot and leaving it in its natural state. After discussion a motion was made by Rich Lyman and seconded by Chuck Hirt to approve the basic concept of the Beiersdorf P-3 Development Plan. With five conditions set forth: 1) Planting of evergreens as a screening. 2) Provide for the creek to be cleaned up. 3) Land area donated be accomodating for trails. 4) Expect the development to provide recreational facilities,_ tot lots, swimming pools, tennis courts, and space for field activities, within the development. 5) Please ask Bruce Pankonin, City Planner, to find out about Eden Prairie's plans, the sewer lot and what will happen to the triangle of land. Motion carried. Margaret Thompson abstained from voting, due to the fact that she was not present during the discussion. Respectfully Submitted, Judi A. Olson Secretary MINUTES OF REGULAR MEETING OF THE BOARD OF MANAGERS OF RILEY-PURGATORY CREEK WATERSHED DISTRICT December 4, 1974 The meeting was called to order at 7:55 p.m. by Chairman Peterson on Wednesday, December 4, 1974 at the Eden Prairie Citv Hail. ` Managers present: Howard Peterson, Donald Pennie, Howard Merriman, Conrad Fiskness, and Wayne Pokorny. Also present were board advisors Allan Gebhard and Frederick Richards. Mr. Loren Galpin from Concept Development Corporation, consultants to the Preserve, was also in attendance. The minutes of November G, 1974 were reviewed and corrected to note that Mr. Gebhard had made comments regarding the proposed plan for the Ring Route design concept in the City of Eden Prairie and submitted. them only to the staff of Eden Prairie. Following correction of the minutes, it was moved by Merriman, seconded by Pennie, that the minutes be approved as distributed and corrected. Upon vote, the motion carried. Correspondence Receipt of the following correspondence was noted: 1. The 1975 directory of watershed districts and managers distributed by the Water Resources Board. 2. Notice of the annual meeting of the Minnesota Associa- tion of Watershed Districts to be held in Alexandria, Minnesota on December 9 and 10, 1974. Northwestern Bell, Creek -Crossing Permit Application The engineer reported that Northwestern Bel]_ Telephone Company had installed a utility line crossing Purgatory Creek without securing the necessary permit. Mr. Gebhard reported that he had discussed this matter with representatives from Northwestern Bell who indicated they were working now on a restoration for the area disturbed by the creek crossing. The managers expressed con- cern that Northwestern Bell had not obtained a permit and follow- ing further discussion] it was moved by Pennie, seconded by Fiskness., that the engineer be instructed to correspond with Northwestern Bell Telephone Cozilpany to reques',-: the submission of the restoration plan and to inform Northwestern Bell Telephone that the district will inspect this area next spring in order to insure that the company is in compliance with restoration of the area as required by the district. Upon vote, the motion carried. Floodplain Land Accfuisition - Eden Prairie The managers discussed possible participation with the City of Eden Prairie and the Eden Prairie School District for the acquisition of certain floodplain lands along Purgatory Creek in the Citv of Eden Prairie. The managers noted that before the district might consider participation in a project of this nature, more specific details would be needed to determine whether or not such a project is one contemplated by the district in its overall plan. Following general discussion, the managers instructed the engineer and attorney to prepare a draft of suggested guidelines for•the managers to consider for participation in a possible project for purchase of floodplain lands as part of its basic water management and resource plan. Messrs. Gebhard and Richards were instructed to distribute this draft of guidelines to managers prior to the next meeting for review and comment. Treasurer's Report The treasurer submitted his monthly report, a copy of which is attached hereto and made a part hereof. Following discussion it was moved by Merriman, seconded by Fiskness, that the report be approved and the per diems and other bills detailed in the treasurer's report be paid. Upon vote, the motion carried unani- mously. Floodplain Delineation, Highways 7 and 101 - Minnetonka Mr. Gebhard reported that the City of Minnetonka had adopted a.floodp•lain ordinance which, in part, delineated the d 1 f Pur atorT Creek in the Highways 7 and 101 area. i o p ain area C.,g y The engineer noted that the City's floodplain delineation is different than the district's floodplain delineation for this reach of Purgatory Creek. The managers .requested the engineer to obtain additional background information from the City of Minnetonka with regard to its floodplain delineation in order to enable the managers to review this apparent discrepancy. 10 Public Meeting, City of Chanhassen - Chanhassen Lakes Study . Mr. Gebhard reported that he had attended a meeting in the City of Chanhassen regarding lakes in Chanhassen. The engineer reported that questions had been raised about what the watershed district can and will do with regard to programs and projects dealing with lakes in Chanhassen where public access does not exist. General discussion followed ;regarding the district's X" Uhl involvement in public and private waters located throughout the district. No further action was taken on this matter at this time. Project Development - Eden Prairie Mr Gebhard reviewed development proposals in Eden Prairie for the Village Woods, Linden Pond, Redrock.Hi.11s, The Preserve and the New. Testament Church developments as submitted to the district by the Eden Prairie Planning Commission. Mr. Gebhard reviewed.each development proposal in light of the district's rules and regulations and policies as set forth in the district's overall plan. Following general discussion, the managers instructed the engineer to submit his written comments to Mr. Richard Putnam, City Planner, for the Village Woods, Linden Pond, The Preserve and Redrock :-sills developments, and to Mr. David J. Medin, the project representative for the New Testament Church development in. the City of Eden Prairie. Chanhassen Village PUD - Dorf Enterprises Chanhassen The engineer reviewed the development proposal for the Chanhassen Village PUD in the City of Chanhassen. Pair. Gebhard outlined the necessity for the developer to obtain a land alteration permit - from the district and indicated that this per- mit must be obtained.from the- district prior to the issuance of all other permits -to be issued by the City. Following further.' discussion, the managers instructed the engineer to submit his written comments regarding the district's review of this develop- ment to Mr. Lloyd Schnell, Administrator for the City of Chanhassen. Storm Water Quality Analysis Mr. Peterson reviewed a letter received by him from the Chairman of the Bassett Creek Flood Control Commission noting that the Commission is willing to consider entering into a cooperative project with the Riley -Purgatory Creel,, Watershed District for the undertaking of a study to consider the impact'of storm water runoff on water resources. ?:.,engt:hy discussion followed.. during which the managers discussed whether a project of this nature should be undertaken by a public bony such as a watershed district or flood control commission or the Pollution Control Agency or whether such a'study is properly undertaken by a private developer. Following discussion, the managers instructed Mr. Peterson to correspond with the Chairman of the Bassett Creek Flood Control Commission to advise hire that the managers will consider_ this matter further and determine whether or not they feel this is a proper subject for the watershed district and other public agencies to undertake. Stream Gauai.ncf Pro'cr'aM - .Status Mr. ropo rt od, 'l:h,-L . II ON and Per., 1,'cnni.o had mot wit.lr ivir. Buford Olson to obtain permission for the district to tra- verse Mr. Olson's property for ingress and egress to -the proposed location'of a stream gauge in Purgatory Creek in the City of Eden Prairie. The attorney reported that Mr. Olson and his attorney are still reviewing this matter and will advise .the district whether Mr. Olson is willing to give permission to the district to use his lands in such fashion. Following further discussion, the managers instructed Mr. Richards tocontinue to pursue this matter in order to obtain the necessary permission for the installation of this proposed stream gauging station. Floodplain Ordinance - Eden Prairie The managers reviewed the Eden Prairie floodplain ordinance which has been given first reading approval by the Eden Prairie City Council. The managers also reviewed the attorney's memorandum dated November. 27, 1974 regarding his review and conuaents on the ordinance. General discussion followed after which -the president of the district was authorized and instructed to submit the district' written comments as outlined in the attorneys memorandum to the Eden Prairie City Council regarding its adoption of'a floodplain ordinance. Purgatory Creek Open Space Study The managers discussed their attendance at the public meeting held on November 25, 1974 with the Eden Prairie Park Board and representatives from Brauer- & Associates regarding the final draft report of the Purgatory Creek Open Space Study. No additional continents or major revisions were deemed necessary in the final draft report of this study. Following further discussion, it was moved by Pennie, seconded by Hierriman, that the district now request Brauer & Associates to complete -the study and submit its report to the City and watershed district for completion of the study. Upon vote, the motion carried. Designation of January Meeting The managers noted that the first Wednesday of January falls on January 1. and t-herefore, it. won1d be more convenient to reschedule the January It wza , moved by Merriman, sec:.on.dcd by F:i_sl:ness, that the January 311CCtil" q ;Dc: resr".h< dulyd for Wednesday, January 8, 1975 at the Eden Prairie City Hall. Upon vote,.the motion carried. Adjournment There being no further business to come before the meeting, it was moved by Merriman,. seconded, by Pennie, -that the meeting be adjourned. Upon vote, th.e'motion carried and the•Chairman declared the meeting adjourned. Respect�ul.ly submitted, Conrad Fiskness, Secretary Ad CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT "CHANHASSEN VILLAGE.:' NOTICE IS HEREBY GIVEN That the City Planning Commission of the City of Chanhassen, Min- nesota, will meet on Wednesday, the llth day of December, 1974, at 7:30 o'clock P. M. , at the City Hall in said City, for the purpose of holding a public hearing on a preliminary development plan knows as "CHANHASSEN VILLAGE" and involving the following described 69.31 acre tract of land: "The North I/2 of the Northwest 1/4 of Section 18, T. 116 R. 22, Hennepin County, Minnesota except that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North I/2 of the Northwest 1/4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 1/2 of the the Norhhwest 1/4 of said section 18. _ NOTICE IS FURTHER GIVEN That the Planning Commission will meet at the same time and place for the purpose of holding a public hearing on a preliminary plat known as Phase I of said proposed project. Said public hearings shall be rgoAolidated as one hearing. A plan showing said proposed preliminary development plan and preliminary plat is available for inspection at the City Hall All persons interested may ap. pear and abe heard at said time and ppaace. BY ORDER OF THE r. tZ ar --n STATE Of MINNESOTA SS. County of _ Carver I-Im. McGarry -, being duly sworn, on oath says; that he is, and during all the times stated has been the Owner publisher of the newspaper known, as Carver County Herald _ and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the Preliminary Plat hereinafter described, said newspaper was printed and published in the C i 't , of (ihasl-a , in the County of Carver — State of Minnesota, on Thur S d a� of each week; that during all said time said newspaper has been printed in the English language from its known office of publication within the city from which it purports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued C E' each week from a known office establisihed in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and. the presswork on that part of the newspaper devoted to local news of interest to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five per cent of its news columns have been devoted to local news of interest to the community it purports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local post office; and that there has been on file in the office of the County Auditor of (ems° V e r County, Minnesota, the affidavit of a person, having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions -constituting its qualifications as a legal newspaper. That the Preliminary Plat hereto attached was cut from the week, for 28th day of h ovember 1974; sma„xwe- X ro vYVVVYVVYVYYYYY)terY Y s and that the following is a printed copy of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abcdefghij khnnop grstuvwxyz abcdefghi jklmnopgrstuvwxyz Subscribed and sworn to before Proof of Complete Lower rerV-z WithWt, Spacing) Notary Public, �-�J County, Minn. My commission expires -- 19 LORRAINE LANO NOTARY PUBLIC, Carver county, Minn. My Commission Expires duly 26. 1975 _ - 4 ILA- RussEi,E H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H.LARSON TELEPHONE CRAIG M. MERTZ 335-9565 November 21, 1974 Mr. Lloyd G. Schnelle City Administrator Box 147 Chanhassen, MN 55317 Re: "Chanhassen Village" Proposed Preliminary Plan and Preliminary Plat Dear Lloyd, Attached is a copy of the notice of public hearing on the above matter which I have forwarded to the Valley Herald for publication. Notice of this hearing must be mailed not less than 10 days prior to the hearing to all property owners within 350 feet of the boundaries of the property. As this property is bounded on the north by Highway No. 5, I suggest that you compute the 350 feet as commencing at the northerly right of way of Highway No. 5. This notice must be given to all property owners notwithstanding the fact that they may live in Eden Prairie. Also an affidavit of mailing must appear in the city files. ry trulyyours , MAYOR COUNCILMEN - -- _ COUNCILMEN COUNCILMEN � — COUN0:Lt,-EN _ Ct K-.1v:u1_ �--- Russell H. Larson - SS T. 7_Ls rt; L1frs - Chanhassen City Attorney rx BLDa tNSP US. RHL:m UTiL TY SUPT. — Att . _ RUSSELL H. LARSON CRAIG M. MERTZ RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANH BUILDING MINNEAPOLIS, MINNESOTA 55402 November 21, 1974 Chaska Weekly Valley Herald 123 West Second Street Chaska, Minnesota 55318 Re: Chanhassen Legals Gentlemen, Please publish the enclosed notice of public hearing on the proposed preliminary development plan and preliminary plat for "Chanhassen Village"; the publication is to be made as soon as possible and no later than Wednesday, November 27, 1974. Please send your customary affidavit of publication and statement of charges to the City of Chanhassen. Very trul_,- yours, Russell H. Larson Chanhassen City Attorney RHL:m Enc. / cc: YLloyd G. Schnelle Kenneth E. Beiersdorf TELEPHONE 335-95Ci5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT "CHANHASSEN VILLAGE. " NOTICE IS HEREBY GIVEN That the City Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the llth day of December, 1974, at 7:30 o'clock P. M. , at the City Hall in said City, for the purpose of holding a public hearing on a preliminary development plan known as "CHANHASSEN VILLAGE" and involving the following described 69.31 acre tract of land: "The North 1/2 of the Northwest 1/4 of Section 18, T. 116 R. 22, Hennepin County, Minnesota except that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North 1/2 of the Northwest 1/4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 1/2 of the Northwest 1/4 of said section 18. " NOTICE IS FURTHER GIVEN That the Planning Commission will meet at the same time and place for the purpose of holding a public hearing on a preliminary plat known as Phase I of said proposed project. Said public hearings shall be consolidated as one hearing. A plan showing said proposed preliminary development plan and pre- liminary plat is available for inspection at the City Hall. All persons interested may appear and be heard at said time and place. O`er E GIT� PLANNING COMMISSION iJ 1 1 ZONING ADMINISTRATOR Dated: November 21, 1974. Publish November 27, 1974, in the Valley Herald. ex� E E N ',M t� � L E 12 7610 LAREDO DRIVE o ?. O. BOX 147 c CHANHASSEN, MINNESOTA 55317 November 14, 1974 Mr. Al Gebhard Riley -Purgatory Creek Watershed District 6800 France Avenue South Minneapolis, MN 55435 Dear Mr. Gebhard : c (612) 474-3335 As per our conversation today, enclosed is a copy of Ken Beiersdorf's Planned Unit Development plan which is located on the eastern border of Chanhassen. Please comment on this and report back to us before the Planning Commission's meeting on December 11, 1974. If you.have any further questions on this matter, please contact Mr. Bruce Pankonin at 822-2191:or myself.. Thank,,you for your cooperation in this matter. Sincerely yours, Gerald W. Schienk Asst. Zoning Administrator GWS Enclosure XNG SUB DIVISION OY PR0PQQTW This PrOWZY is located ."J intersection with Balpip zjvd. Thuz:'e on the property. When dividcd Wcal A ba 1.37 met acres and parcel B .5.26 nat acres. will "xa made by Tim Stone and sacond& by Tom Gmbbart' to recommnad the Council grant a varianwo to ordisance 45, Section 251 nod oxdinance 33,.Sactioa 13 Ar W-divisiOn Of Milf "king Wycrty j, ,,,,danco with the'survey plepared by School! and MadsonVated. 5, 1974, Notion unaninously'appzOVed. LIGNTING POLIM The progsed Strect LiqQQQ9 POUCY WW., copy is Atached; A motlo;�'% wa.,s Mariana SWUM and SOCOnded bY fudscn to x0command the ca•wnci.l -tlhe wnendQ Street Lighting MY> Potion unanimously approved. Nossn ORDINANCE: Vera, M,MbarS of the Horse Owners ASSOCKHOn Schilling, Division 02 Nat= Quali=n YCA, discassO'd the.laotor datid October 22, 1974, from the Minnesota pallation nay. Th ju and juggestad change.-4-:, ''Co the proposea ordinance, Mo. Schilling suggeSt'd a nUmbcr aided that no exercising of hOrscs shall be pqrMitt0d within 300 f,,t I intoxmittant or flowing o•, w.itliin 1.000 feet of a lake 2ram November 1 and continuing thravgh APAI 1, - in Section 7, Subsection 2 K the proposed hals'. orainance the following be changed: The winter accum&Uticn Of wanu=e not removed AM otabling area p0or to QY •1 Of Sach YOM TbB proposod ordinance states june I. I T.,7as made by &%Welke and necanded, by 11 that thn plahnjmE" table action until the first meeting in Desumber .Scgive the Hagae ordinance committee a Kance to neviow "No 0"hMittod by FcA, the Coon gapids oKdinance, ohtht'�nd the mittee to na yoy; aask m consloar revision at the Px01- ose1.i ordinance.n if tbexommittea thp andinance thoy sbould =0 to thr.r 1j - , Nanning cawmis5ion with a MaWD direcled 00 4.7.i'a&n o.."" -t'lac. as to why they are nol� revision. Motion unanimously approved. AFT""BOM"On-" PROPOSED PUDZ Bruadpanhanin and Men Wersdarf were they have A indicating satisfmcKon witb the use of a tempurnry jocess oa tho northwest c=ner ok the property and witj1-� too gereru, arrangement Q the suads. The commissionex smgge--�tbd -the d2valnues build sound baryiers betWean,tho development Vnd conlept plan and ohetcheG p9 the pno;QSed QaWtMOY: pre2enteW bet week chnabny,'!,an Estahas was-discu2sed. The two story bmildinq2 will be on canarntG I NjQhs, The rental price has not been astablisnKMAK0101his time. its, pankopin stated they believe.this SAW is for industrial use,. • :n, r,-,ohicn was made by KA Waritz and sec6nded by jim Mike to W! d a ppblin bparing o-.,% the proposed preliminary Soveloyment plan of develoeron Docamber 19710Pp, 1, 194, at :.M. The Stall to have ions an the Adication of the park land. and timing. Thn plans should be foxwarded as,saon as posEible to 1119y Purgatoxy Crank Watoxshad District and have a •report WK. 11, 1974. The following voted in.gavar; Dan Herbst, Tim Stone, NJ.Irk Hudson Hollenback, Tom Gabbort, apd, jim Z-'iariana Shulatad abstained. Motion carried. C3PURN SALBG AND SERVICE,:'' A action was made by MY Waritz and hold a public hearing on the application to C3 on December, 11, 1974, QTUP Q.m. Nation'. unanimously approved. VEQnTaTION: A motion' dSOanNAM the Council tbrough thz City Enginear and City Attorney prepare ordinanze dealing witiland excavation, kining and vegetation. motion UAWBOYSly approved. NOPDENOV; The Planning Co!0.1.-Aission be QUAT-ft the November 18 Council meating to'dispuss Nordslov and a pxoposed maritorjuh on day.slopments in unsewared azaao. J'JN;N:!.�'.,,"- e*,`-3,QC1,i\-T1ONv The Cha!Xman zecormended tha A motion Was made by ToOGabbart dnd seconded by ak Hialke to adjourn. 'Meeting adjoulned at 11:30 p.m. dcnz UNITED STATES i,r-PARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE County Office Building, Waconia, Minnesota 55387 November 12, 1974 Mr. Lloyd Schnelle, Zoning Administrator Chanhassen City Hall Chanhassen, Minnesota 55317 Dear Lloyd: I received your letter of November 8th with attachments showing the changes in the preliminary site plan for the East part of the Beiersdorf property. I reviewed Enclosure 16 as you requested, and I refer you to the Soil Conservation District report of 7-17-74, shown as Enclosure 10 in your file. The problem of soil wetness in the depressional Glencoe soils and the Cordova soils surrounding these depressions will have to be planned for, and as stated in the 7-17-74 report, these low wet areas apparently have a sub -surface agricultural drainage system to be 'contended with in the planning process. The erosion control items 1 through 7 in our 7-17-74 report still apply to this area. Bruce Pankonin's report of October 28, 1974 covers item 7 of our report for the protection of trees and vegetation on slopes steeper than 15%. The plan sheet (9-30-74) sent with your letter shows a road planned -to cross the north end of the gully that runs south along the west side of the property to Rice Marsh Lake. The design of this road culvert should be made in part to control the possible advance of the north end of the gully. The stability of the gully bottom is still a question and it should be checked, as this could be a continuing erosion problem. In closing, I again refer you to Page 2 of our report of 7-17-74; the planning commission can use the parts of the report they deem useful getting the best job of development with a ininimum of soil and water problems actually applied on this land. MAYOR coUNitl e.rw1 Sincerely, COON( COUN( CLK• ,tl Donald C. Berg TRE;s District Conservationist ASST. & BLD PUB. UTI L: i in CUNBASSEN 7610 LAREDO DRIVE • P. 0 BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: November 8, 1974 FROM: Zoning Administrator TO: Planning Commission Chairman and Members SUBJ: Forwarding of Additional Documents regarding the Beiersdorf Preliminary Development Plan. REF: (a) Zoning Ordinance #47, Section 14.05, Subsection 3 through 4b ENCL: (16) Proposed site plan and the letter dated October 28, 1974 from the Developer's Planner. (17) Proposed building design 1. Enclosures (16) and (17) are to be inserted in your copy of the Beiersdorf Exhibit. 2. The following enclosures are forwarded for your review: a. Enclosure (16) contains the change that was made in the Beiersdorf preliminary plans. Mr. Bruce Pankonin, Planner for the Beiersdorf project, will be present to review the changes with the Planning Commission. b. Enclosure (17) contains the sketch layouts of the pro- posed apartments that are to be built in Phase I of the Beiersdorf project. Mr. Beiersdorf's Architect will be present to go over these drawings. 3. It should be noted that the Zoning Administrator and Mr. Carl Dale, City Consultant Planner, reviewed the contents of Enclosures (16) and (17) on October 23, 1974. Mr. Dale at this meeting requested that additional tree plantings (pine trees) be addded to western boundary to provide a year around screening between the apartments and the single family dwellings. Page 2 4. Planning Commission Action: It is requested that a date for the public hearing be established for this project in accordance with reference (a). The Zoning Administrator's comments remain as stated in paragraph 3 of his report dated August 23, 1974. ;Si4ne 7#6zling Administrator LGS:k cc: Mr. Russell Larson, City Attorney Mr. William Schoell, City Engineer Mr. Don Berg, Soil Conservationist Mr. Bruce Pankonin Mr. Ken Beiersdorf File CUNBASSIN 7610 LAREDO DRIVE • P. O. BOX 147 9 CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: December 6, 1974 FROM: Zoning Administrator TO: Planning Commission Chairman and Members SUBJ Forwarding of additional documents regarding the Beiersdorf Preliminary P-3 Development Plan/Approval of Preliminary Development Plan. REF: (a) Zoning Ordinance #47 Section 14.07, Subsection 4a - d. ENCL: (18) Bill Schoell's, Consultant Engineer, memo dated August 7, 1974. (19) Planning Commission minutes dated August 28, 1974. (20) Bill Schoell's, Consultant Engineer, letter dated October 7, 1974. (21) State Highway Dept.'s letter dated October 31, 1974. (22) Don Berg's, Soil Conservationist, letter dated November 12, 1974. (23) Planning Commission minutes dated November 13, 1974. (24) Carl Dale, Consultant Planner's, letter dated December 5, 1974. (25) Riley Purgatory Creek Watershed District's letter dated December 4, 1974. 1. This letter and the above enclosures are to be filed in your copy of the Beiersdorf Exhibit. 2. Enclosures (18) through (24) are hereby forwarded for your review and comments when considering the subject request: a. Enclosure (18) contains Bill Schoell's, City Consultant Engineer, memo dated August 7, 1974, which refers to a meeting with the City Staff and Developer's Planner regarding future service road alignment and access to Highway 5. b. Enclosure (19) contains the Planning Commission minutes for their meeting of August 28, 1974. c. Enclosure (20) is Bill Schoell's, City Consultant Engineer, letter dated October 7, 1974, which addresses the Highway #5 access to the subject development. Page 2 d. Enclosure (21) contains State Highway Department's letter dated Ocotber 31, 1974, which addresses the Highway #5 access to the subject development. e. Enclosure (22) is Don Berg's, Soil Conservationist, re- port dated November 12, 1974, which addresses itself to erosion con- trol which should be heeded by the developer. f. Enclosure (23) Planning Commission minutes dated November 13, 1974. g. Enclosure (24) contains Carl Dale's, City Consultant Planner, report on the Beiersdorf Plan. 3. Comments/Recommendations: Mr. Beiersdorf has basically reacted to all recommendation made by City Staff and our professional consultants. In view of this, I approve of the subject pre- liminary development plan subject to the furhter recommendation as made by our professional consultants. I would like to comment that the Highway 5 access will create a problem, however, it just behooves the City get going on that proposed service road. Further, the City and developer will have to exercise care in that Mr. Berg.'s, Soil Conservationist, recommendations are heeded during the construction of this project. The question raised by Mr. Berg in regards to gully, stability should be answered. 4. In accordance with reference (a), your action is required on the subject plan. s G.'Scfirielle " - Administrator LGS:k cc: Carl Dale, City Planner Don Berg, Soil Conservationist Russell Larson, City Attorney Bill Schoell, City Engineer STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS ST. PAUL, MINN. 55155 October 31, 1974 Mr. W. D. Schoen Chanhassen City Engineer 50 Ninth Avenue South Hopkins, Minnesota 55343 In reply refer to: 330 S.P. 2701 (T.H. 5) Plat Review of Proposed 'Site Plan Chanhassen Village PUDtO in N.W.14 of Section 18-116-22 in Hennepin County Dear. Mr. Schoell: ---i4i1YOR _..----- COUNCILMEN 600NCILNIEN (:Ot)NC;LMEN COLiNCiLMEN OLK=AUNI. �- "i R•EA§. .Ss'i. zONlhl(3 x BLi)G. iNSP. PUEK W K. D;R. VOUTY 4UPT. We are in receipt of the above referenced proposed plat for review in compliance Frith the provisions of Minnesota Statutes 505.02 and 505.03, Plats and Surveys. The proposed plat, identified only as "Site Plan Chanhassen Village PUDII was prepared by Urban Planning and Design Inc. for their client, Dorf Enterprises.., If the property adjacent to T.H. 5 is to be developed for residential use, we suggest the developer consider construction of some type of noise abatement barrier. Caution should be exercised during the site grading so that no erosion of highway right of way occurs. At present only a small portion of the N.W. corner of the plat drains to the highway. Site grading should be accomplished in a manner that will not divert additional waters into the highway drainage system. We are in agreement with your suggestion for temporary access to the plat, by way of the inplace driveway in the N.W. corner of Section 18, until the interior road system is complete. It will be necessary to apply for an entrance permit for this access. Permits are available from our District Headquarters located at 2055 North Lilac Drive, Golden Valley, Minnesota 55422. Other than the foregoing comments we found the plat acceptable for further development. Lhank you for your cooperation in this matter. Sincerely, Ra Lap d Commissioner EQUAL OPPORTUNITY EMPLOYER �e:< 1- C° Ci v'L %j Y /j,'L "1 JC�C.G i% cam= 55 /J`'4i PLANT�, AIL, AND DESIGN, IN,C. October 28, 1974 4826 Chicago Ave. S-. --- Mpls. Mn. 55417 / Tel --- (612) Chanhassen Planning Commission Chanhassen City Hall P.O. Box 147 Chanhassen, Minnesota 55317 Re: John S. Voss, Proposed Preliminary Development Plan for "Chanhassen PUD Dear Planning Commission Members: Pursuant to City Ordinance 47, Section 16.04, we are herein re- questing preliminary development plan approval for the "Chanhassen Village" PUD. The procedure for PUD approval is outlined in Section 14.05 through 14.07 and the City of Chanhassen's PUD check list. The purpose of this report and attachments is to fulfill City Ordinances and administrative requirements. 1. Location of Property under consideration in relation to Burro ing area. (See Attachment A.) The property is under the unified control of Mr. Ken Biersdorf and is legally described as that 69.31 acres located in "the North 2 of the Northeast of Section 18, T. 116 R.22, Hennepin County, Minnesota excep that part taken for State Trunk Highway No. 5, and except the East 16.50 feet thereof. Also, except the East 180.0 feet of the West 1249.34 feet of the North 317.0 feet of the North 2 of the Northwest 4 of Section 18; and also except the East 180.0 feet of the West 1429.34 feet of the North 2 of the Northwest 4 of said section 18." 2. Proposed Land Uses. See Attached Proposed -Preliminary Development Plan and Land Use Component. 3. Population Densities. Refer to land use component and Propos Preliminary Development for use location. The natural con- straints of the property under consideration requires the sit design to be developed into five phases. The first three pha as outlined in the Construction Order Component shall be con- sidered as one planning unit. Within this area, the applican is proposing to construct 128 two story garden apartments (Phase I and II) and 128 apartment units (Phase III) containe within one three story structure with underground parking. For planning purposes, the design density of the first three phases is based upon a family factor of 2.5 persons/occupied IL 4 5. dwelling unit and .2 school age children/occupied dwelling unit. This will result in 640 persons and 51 school age children. The majority (80%) of the school age children will attend elementary school. No attempt has been made to attach population numbers for Phase IV and V. Land Use Intensities. See attached Land Site Plan and Land Use Component. Existing topography and tree cover, buildings, streets, and other site features. a) Existing topography: The site is generally rolling to gently rolling with slopes southwest corner adjacent t mateiy half of the site has and the remaining area rang feet of vertical relief exi behind the existing farmste southeast corner. Two thir southeast, the remaining ar exceeding 20% located in the o Chanhassen !:states. Approxi- slopes ranging from 0% to 4% ing from 5% to 9%. Forty-one sts between the high, located ads and the low located in the ds of the site drains: to the ea drains to -the southwest. b) Tree Cover: Approximately 4% of the site is heavily wooded with hardwood trees. This wooded area adjacent to Chan- hassen Estates consists of oak, elm, maple and basswood. In the dryer area on the east ridge, oak and elm are domin- ant with thickets of hazelnut, hawthorn and young oaks. Below the oak and elm is a hardwood mixture of basswood, oak, elm, ironwood, maples, and blackberry. In this middle area and in particular, on the west slope, the undercover consists of gooseberry, hazelnut, dogwood, blackberry, young maples, brambles, and currants. In the lower area, where there is more.moisture, box elder, elm and cottonwood are found. The applicant believes that woodlands are a unique natural resource that should be protected and be considered during all stages of urban development. Slopes exceeding 15% 4J should be restricted by protecting the indigenous vegetation. By doing so, the community can insure erosion control and protect scenic linear recreation areas. To achieve this end, the applicant is proposing to dedicate the west slope to the City for passive recreation purposes. c) Buildings: See attached Site Plan for building location and Building Elevations for the garden apartments. The three story structure located in Phase III is arbitrary at this time. d) Other site features, see Site Plan. 6. Proposed public and private streets. See attached Site Plan and the Subdivision Design Component. 7. Open space proposed (public and/or private). See attached Site Plan and Land Use Component. 8. Architectural style of buildings. Building Elevation. The architectural style of the buildings is to reflect the European village design concepts as advocated by the applicant. Inherent with this concept is a pedestrian orientation to the Village center focal point and proposed future public open spaces as shown on the attached--Side-Plan. Proposed Preliminary Development Plan Components Land Use Component: a. Existing Zoning P-3 Planned Community Development District b. City Plan Objectives: 1) Transportation: To up -grade STH 5 and STH 101 to expressway and major thoroughfare standards respectively; to construct a detached frontage road along the south side of up -graded STH 5 and to construct a diamond interchange between STH 5 and STH 101. 2) Land Use: The northern one-half of the property under con- sideration is intended to assume an industrial identity while the remaining portion is to be some type of multiple family residential. c. Proposed Preliminary Development Plan 1) Transportation: The proposed preliminary development plan l incorporated the City's objective to up -grade STH 5, STH 101 and facilitate east -west movement along the south side of STH 5. Area for a diamond interchange between STH 5/101 has also been accommodated, 0 2) Land Use Assignments. Area in Acres 9.68 4.13 7.90 15.90 16.00 8.21 5.37 9 1IQ TOTAL 69:31 Acres Proposed Land Uses PHASE I RESIDENTIAL PHASE II RESIDENTIAL PHASE III RESIDENTIAL PHASE IV FUTURE P3 COMM. PHASE V FUTURE P3 RESIDENTIAL FUTURE MHD P./W FRONTAGE & LOCAL STREETS CITY PARK PHASE I RESIDENTIAL DENSITIES % of Total 13.9% 5.9% 11.4% 22.9% 23.3% 11.8% 7.7% 3.1% 100:0% Phasing Area No. of Dwellings Units/Acr I 7.55 64 Units 8.47U/ II 4.13 64 Units 15.49U/ III 7.90 128 Units 16.2 U/ PARK 2.13 TOTAL 21.71 256 Units % OF COVERAGE Buildings AAs halt Open Space 14% 22% 64% 26% 24% 50% 13% 22% 65% 3) 11.8 U/A Net Acre PHASE I PHASE II PHASE III Land Use Concept. The "Chanhassen Village" PUD is to be designed along the lines of an old European Village. Inherent with this design concept is a focal or gathering point easily accessible by pedestrians from each land use element. As a major identity to the project, a "Village Center" is proposed (Phase IV) to be developed as limited business, retail, and commercial recreation on 15.9 acres. All facilities would be developed around a common area, with convenient walking access to every facility. Orientation would be toward the common open pedestrian area, with vehicular access and parking locate behind the main structure and STH 5. Residential structures consisting of garden apartments are proposed to be built in Phases I and II. These structures are to be two story gabled, roofed with detached garages. The low profile of garden apartments will provide an easy transition from single family homes to the west and the pro- posed "Village Center" to the east. For continuity, Phase I, II, and III are shown as one planning unit. The structure in Phase III is an arbitrary building mass. The design parameter in Phase III is to be 128 apartments housed in a three story structure with half the required parking under- ground. The residential -structure type for Phase V is to be based upon client objectives, contemporary market economies and the desires of the City of Chanhassen. Open Space: 65.2% or 14.34 acres of the total area of Phases I, I1, and III is to be either public (2.13 acres) or private open space. The public trail along the drainage swale is to be constructed by the City; private trails are to be developed during each construc- tion order. Asphalt surfacing is recommended. Circulation Component. Refer to attached Site Plan location. The cross section for each public and private roadway shall be designed and built to the minimum design criteria as established by the City Engineer. The private walkways as shown on the Site Plan shall be a minimum of 4 inches Class V overlayed with 2 inch asphalt. Population Component. See page 2 of this report. Subdivision Design Component, The City of Chanhassen's Zoning Ordinance, Subdivision Ordinance, and Building Codes and adopted policies shall govern the minimum design criteria of "Chanhassen Village" PUD. Services and F'Ailities Component. See Facilities Component for location. All trash receptacles shall be screened from public view. The ownership and management of the common grounds and facilities will be the responsibility of the applicant. Construction Order Component. See attached Construction Order Component and Site Plan. If you or the administrator have any questions regarding the above, please contact me at my office. (612) 822-2191, Respectfully submitted, URBAN PLANNING& DESIGN, INC. Bruce Pankonin Pri.ncipal Planner Vl; _l.',AM D. SCHGELL C;,,- -!SLE MAOSON VOSLER v HClicS R. ORR iCLD F.OAHLIN LAP.RY L. HANSON .OND J. JACKSON MLUAM J. SREZINSKY "JACK E. GILL FnANK V. LASKA Planning Engineer Mini%esota Department of Highways 2055 North Lilac Drive Golden Valley,.Minresota 55422 Dear Sir: ENGINEERS AND SURVEYORS 7601 50 NINTH AVENUE SOUTH - HOPKINS. MINNESOTA 5534a 'October 7, 1974 : Subject:. Chanhassen, Minn Herewith one print of a proposed development plan being proposed by ,Coil Biersdorf in a tract lying on the south.side of Highway 5 just east of Chanhassen Estates for'your review, comments and approval. We believe that the roadway arrangement will accomodate to the pro- posed plan for the safety improvements being laid out for the intersec- tion of Highways 5 and 101. It also provides for R/W purchase in the *future at the intersection of a re -aligned Highway 101 and 5 at the north quarter corner of Section'18-116-22. We have suggested that this,.property be allowed an access to Highway . 5 at the old sewage plant driveway, at the i1'W corner of Section 18, until the south service road construction to the west is completed and until the eastward extension of this.property`s interior roadway system is completed. Very truly yours, W. D. Schoell, City Engineer Chanhassen WDSchoell: sd cc: • ;ten Biersdorf / oou;,:cu.n�i:r; Lloyd Schnelle, City Administrator v� cn;��,;,;;i.;;•� ,; - C K,n;_, 'G1 1 r;G Rb,g :Car Pla.rtn-Lng Commissioxi ML—Lutes; August 2$, 1971: -2- ?IAI:OM IES aE PRELIMINAIRY PLAT: A motion was wade by Stone and seconded by to :ci.•c:OiCi- )'d approval of the pxeAzrai'.iaxy dove opmr � + pilm- iti.D3 � a.^ CC3: C ?57.ua y as prosente'd for the ont1.1'j p:(opcsa:l. The Fl,2aiining aIOIIrd.ss?on f Li.".ther x'=Y.,mionds approir l of the pre.limaaaary de-iielo J21:ant ploll on Ghc x"Irst, phaso with the recom m-ndati ors of the City PJ.amn—e t' dated August 9. 1974., and August 21., 19'71t, Soil Conserva''t,ior-is'v dated duly 1¢) 197)-t., and City E'1g.-!:n.;ar dated July 17, 197' and speciAca'l.ly that the parr as shod-Ta by t3ae applicant be dodica ted at this time bilt be l 7i siix':i.ctl.;y°' as 2 t J ld.l_ifo open spaco not for general public access until. such Ume as the City- com letes its total part: system and come; up wi tit a sper.ifi c plan for the use o s this par icula-r piece of p;:opeepy and only after regiiirod public h ax4ai s,, Yt a'0.) n agency, will p,rovs de the f aciUi lez for i-Ah te:ver active w Lcma.t:i.on is nssd- dr, The ra t `rivtiions p covoiaaX3tisp ar't'icle:y of by-lat.s of ti' a asaoci c3'e`,io v l 1 be pmpared and sub-faittwed prior to final development A pxa-plat will be praaared by the appIicant and sWomitted for Cauroi? approval. 2 ction ummnimousiy appr©vcdo P mBER5Z' OMtPROPOSED PM"1.EDIATt ^yi.,.0T'_j.T? �YNz '.=O LiIMn.n Iry S P;?G Or4uII Y i."o �e`aako: ia-, has inat YT.l. v i 1,i: !e c�."xZ'.iOt�li:�.:f'c� i:�Q 'i...s�.. t':a:.> w � �CCt..�3..t � c : t.' �"Ci' c... road location. 'Iha proposed roam location wi.-Q. prasr?itt no pa'ablezm Oor the developero A rcLv sod plan -oxt 1"7.yi;soI2'i-jod of :dour j2 un- ti garden apaX`L'1""ment. bu "dings a d one 128 V.snit building or DA un:i_-s i3F.-z' not c'',.ecza in -Uic: fir2,10, are 'ta be do-Tre?opcdo Acciasz; to 't 1he f7 yst phase (I-L o 32 i n-It buildings) tmuld be fi-cr1 a cux'b out off Stc^.tie I`�ighi-my 5 v1�less t,'. a sozry ce x"�3a'.�Q is Gflf+uLEL%c'tr^C:o / Me developox- iias agra cd 'Uie aa is no cons.- .dexa-Ut on WE' indus t•ria- I. usago on Care. Diale recomme id- od approval subject to his coiffio lts in a reporl', of July IL 1974. Ir motion was mado by Am Stone and socorded by Nick rya.: -st z to hold a pubv.:;.c ?- .n i.1-..r,:• rvrt 7 +�-.+,•. 1 +�+>e..^eees n�i• r'�, �'h i7 n�n" ��"� i� iro'•- ....s ..^. k'"'...� ..�.,�... � �...o_..._........v to°OVC•:.a.t'i-l:'1.....- a � i.. D:.' {�i c.T.f�13�" ca C:.tobar y, 1974 at 7-.30 p.m. The follovring vrotod in fznxor: Tim Stomp Nick t&-o?itz Dam 'H4�''.z'bstp Jim i1101'.og and soli. Gabb: rt. :laaviL.m oOzhulsti?d abstemedc 1'bticn approved. GTe"u[ ;N COUNTRY I"ljII710 IR SI CI bruo schoech Present to iscuss cs_ c^.,�� i•'G1iav�lu bi;;l..l.�ii.'t2? �� 4'c�;0.3.:.�. :£a'3:� i2'ti�+':b1i 2 i'ilwa:AasSOs.3 Estates"n r'w- t also prosento s'ho proposed three story build -Mg is to be horscshoa shaped i-7i h 4 fwantior doS°c; r" A t;_- is -curt is proposed for Channhasoon Estates rosidCl1' z;. Pl:::.niTI:ng ccriii;E:#.asl.0-L T £iTlllCi"u dj.aN_-c'ced tiie-jr coirmonts on ecm;merclall vs m-AU'u4_t1! :L,C.r a-lis am o Tim Stono - This 5-crd used for ra3.J..W:.',S le 33ou5ing,, il- a '.Fc ,st a �t7i'{3VFl iw32�,� �1C?t`T��sT^ i i dvi1 C t .Iike the a;:r r angei:LC°-..n'v of e ho p fop? o``-.Li °O'aildings o Tom Cabbsr•t I -,,,rind z-at er see c:cpart2e:ent'is 'C+i'a`m a of op-p ng cer.-Ler. f have Uzi3t:b s U ' 'e' story biiild'?na t z)zo. O u0�3'.�413�''c"�. 2slx � .� Jim 'Melka i thir.lc it, is a good lookl ng plan. It io an improvement, over t'r343 provi-o u4 one. .1. zmach prefer apartm nts over a cCxmixex•t"iial axe: ae Kick Alari'G,z '*- R,3z .d ntial is p:tafer'ab e to cor.uleS'c 3. e Zaiis a1'.Or•F.0r-00- tYO-- building appeals to me. I -.a: ipna Snulstad - .i p..for residcnt:i.al dcv'elopmont to dFvelor"me eta c:t�uld racorve coimtonts on this s.,ec:l fi a p3, rz until. �: aro Dem 'Herb 'i. G .L co-,,L:i i�i3ti3 Y7ilc'3.t eveirtyone a'l.r`t.,s sa�.tl LA �3x-cffG's r''rZ53.CaGi i'L3�. la.�':tt use over cCrmar'cl al - WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. EIREZINSKY JACK E. GILL FRANK V. LASKA City of Chanhassen c/o Mr. Lloyd Schnelle, Administrator P.O. Box 147 Chanhassen, MN 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH. • HOPKINS, MINNESOTA 55343 August 23, 1974 Subject: Highway No. 5, South Frontage Road, Highway No. 101 to East City Limits. Attached hereto is a map showing a possible route for the south frontage road east of Highway 101. The shaded area represents road right-of-way with the approximate width indi- cated in several locations. A uniform 3-6-foot paved roadway would be recommended throughout. The route through the proposed McKeon Development is in accordance 'With their Preliminary Plat submittal dated August 8, 1971. They indicated their willingness to construct the 500 linear feet of roadway from their northeast property corner to Dakota Avenue. The route through the Mesa Grande Development is premised on a possible shopping center on the property. The right-of- way borders the north edge of Chanhassen Estates from Dakota Avenue easterly and then veers to a point 140 feet north at the boundary with the Beiersdorf Development. This route has been agreed upon by the developers of the proposed shopping center and by Mr. Beiersdorf. The original Mesa Grande proposal was based on a multiple residential development and included the frontage road in a location approximately 200 feet north of the route shown on the attached map. Our review of that proposal included the recommendation to locate the frontage road at the south side of the service station property approximately 50 feet south of their proposed route. SCHOELL & MAOSON. Mo. City of Chanhassen Page 2 August 23, 1974 The route through the Beiersdorf Development has been reviewed with Mr. Beiersdorf and his planner, Mr. Pankonin. The location shown on the map within the property is approxi- mate pending a revised site plan from Mr. Pankonin. However, the dimensions shown on the west and east side of the property are the critical distances and the developer has agreed to these choices. The east end of the frontage road would tie into a grade separated intersection of Highway 5 and future Highway 101. In conclusion, the exact route is in doubt pending the final disposition of the Mesa Grande Development. We feel it is preferable to have a straight road at the present location of Dakota Avenue. The shopping center developers feel they cannot live with this. Under any circumstances, this route should relieve the confusion as it pertains to the Beiersdorf Development presently under consideration. very truly yours, SCHOELL & MADSON, INC. RJJackson:be enclosure \I Ft _ r VIEW- 6d �- j 6 ttttt4R,, • <. "~ f � F-- I.Qr �rn ~ dc�71 - � ER6E DAKOT,4 DAKO i A srri YEN T o .� \\ n \tad CARVER .�_ ..... _.....e..._ ..� N NE P I N cn HE D m O U) 0 -O O S 0 O�-� cn om M 3 O m 1— xNz n -n rig— �Z o S rri f rT, 8or �! s00'A, '6 - 20// T HANBASSIN 7610 LAREDO DRIVE • P. 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 0 (612) 474-8885 DATE: August 23, 1974 FROM: Zoning Administrator TO: Planning Commission Chairman and Members SUBJ: Forwarding of additional documents and information regarding the Beiersdorf Preliminary Development Plan. REF: Zoning Ordinance #47, Section 14.05, Section 14.05, Sub -section 3 through 4b. ENCL: (12) Planning Commission minutes dated July 24, 1974 (13) Carl Dale's, City Consultant Planner, report dated August 21, 1974 (Up -dated report) (14) Bill Schoell's, City Engineer, updated report of August 23, 1974 (15) Beiersdorf's revised proposed preliminary development plan dated August 22, 1974 1. The above enclosures are to be inserted in Exhibit #1 Beiersdorf P-3 which was submitted to you in your agenda dated July 24, 1974. 2. The City staff has reviewed the above subject development plan for a second time. Accordingly, the following background informati up -dated reports, and plans are hereby resubmitted for your review in considering this subject plan: a. Enclosure (12) contains the Planning Commission minutes dated July 24, 1974, which directed the Zoning Administrator, City Engineer -and Planner to work with the Planner for Beiersdor- Development to resolve the location of the service road that wil serve this area. b. Enclosure (13) contains Carl Dale's, City Consultant Engineer, updated report dated August 21, 1974, on the subject development. 0 Page 2 C. Enclosure (14) contains Bill Schoell's, City Engineer, updated report dated August 23, 1974, on the subject development. d. Enclosure (15) contains Beiersdorf's revised development plan dated August 22, 1974, which recognizes the service road that will serve this development. 3. Zoning Administrator's Comments/Recommendations: The Zoning Administrator concurs with the contents of Enclosures (13) and (14) of this report. I have reviewed enclosure (15) and feel that Mr. Beiersdorf has addressed all the recommendations that he was directed to review in his plan. 4. Planning Commission Action: It is requested that the Planning Commission establish a date for public hearing on the subject development project as required by reference (a). Since yo s/ L. A �q LGS : k hnelle istrator 6 f DESIGN PLANNING ASSOCIATES, INC. 4826 Chicago Avenue So. Minneapolis, Minnesota 55417 Phone: (612) 822-2106 August 21, 1974 PLANNINa REPORT For: Planning Commission City of Chanhassen, Minnesota By: Carl R. Dale, AIP Planning Consultant Subject: Planning Analysis and Recommendations - Beiersdorf PUD Plan (Preliminary Developmei Plan 'for "Chanhassen Village" PUD) Pl anni na Considerations 1. This matter and site has been considered by the Planning Commission on numerous prior occasions and most recently in July of this year at which time the Commission expressed some basic concerns as follows: a) Dwelling unit density. b) Arrangement of buildings on the land. c) Proper alignment of the east -west road. d) Setback and appearance from nearby single-family homes. 2. A new and revised site plan has been prepared for your review and consideration. A major change in the site plan was necessitated due to a required change in the east - west road alignment. This road alignment now has apparently been coordinated with assistance from the City Engineer for its entire distance between old T.H. No. 101 on the west to its projected new alignment on the east. It is expected that the City Engineer will comment upon this situation. 3. Basic site plan changes include a lowering of density, increased open space, and a new east -west road alignment. a) The new road alignment (shifted south to coordinate with ChanHaven Manor plans to the west) has resulted in the elimination of the prior phase I and the prior phase II is now phase I and with a revised placement of buildings. We find these revisions satisfactory and an improvement over the previous plans. b) Density has been lowered from 13.8 to 12.2 dwelling units per acre. (See planning report dated July 17, 1974 for previous density analysis.) It was and is our opinion .that the density proposals are satisfactory (assumes underground parking on later phase and this should be noted in the minutes if approval of the proposed density is.granted). 4. Approval is recommended in accordance with applicable conditions contained in the July 17th Planning Report. Revised plans as submitted would seem to respond well to previous comments and suggestions from the Planning Commission and staff. M.R. HAGEN REALTY HOPKINS OFFICE 1014 Excelsior Ave. Hopkins, Minnesota 55343 Phone 938-7681 St. Louis PARK Office 6010 Highway No. 7 St. Louis Park, Minn. 55416 Phone 929-5511 Real Estate, Insurance, Mortgages, Appraisals, Commercial and Industrial Sales August 16,1974 Design Planning, Inc. 4826 Chicago Avenue South Minneapolis, Minnesota 55417 MAYOR COUNCILMEN COUNCILMEN COUNCILMEN COUNC;LNIEN _ CI-K-ADM. TREAS. _ SST. ZONiN.' BLDG. IN PUB. WK. D:R. UTILITY SUPT. Attention: Mr. Carl Dale Chanhassen City Planning Consultant Dear Mr. Dale: Per the Zoning and Planning instructions -of Wednesday, August 14, 1974, Mr. Mason and I met with the City Engineer, Mr. William Schoellof Schoell Madson on Friday, August 16th, along with Mr. Ken Biersdord and his site planner, on the proposed develop- ment to the west of the property to coordinate road planning for this area. I understand, according to the recommendation of the Zoning and Planning Committee on Wednesday, August 14th, we were to meet with the staff in regards to our proposed Colonial Estates Shopp- ing Center located on the 1p acres of ground South of State High- way #5 and East of Dakota Avenue. I, therefore, am requesting a meeting between Mr. Robert Mason, Mr. Ken Biersdorf and his planner, and myself, at your convenience, hopefully the week of August 19th. I would suggest you would discuss the roadway situation that we covered with Mr. Schoell prior to our meeting. Please contact me at 938-7681 or Mr. Mason at 935-3486 to confirm the above requested meeting. I would leave to your own discretion If you would care to include Mr. Biersdorf and his site planner `at this meeting. Mr. Biersdorf can be reached at 835-5145. Yours sincerely, M. B. HAGEN REALTY Eugene F. Reilly, Ma-ager Commercial and Industrial Sales EFR:ckm cc: Mr. Robert H. Mason Mr. Ken Biersdorf Mr. Wm. Schoell Mr. Lloyd Schn.elle Mr. Gerald Schlenk Mayor Al Klingelhutz Mr. Dan Herbst Mr. Jim Mielke P.S. I would r iate the opportuni�� meeting witP you,at your convenience time Wednesday or Thursaa M E M O R A N D U M CHANHASSEN - BEIERSDORF PROPERTY DEVELOPMENT August 16, 1974 Messrs. Bob Mason, Gene Reilly, Ken Beiersdorf and Bruce Pankonin met in our office yesterday and discussed the need and location for the service road along the south side of Highway 5 adjacent to their respective properties. We indicated that plans for improvement of the traffice situation in that area included the eventual construction of a service road from Hy. 101 east- ward to the eastern Chanhassen boundary, where an gventual grade separation will be constructed when Hy. 101 is rerouted from its present location. The suggestion that the service road border the north side of Chanhassen Estates from Dakota Avenue eastward and then veer northeastward to a point 140' north of the north boundary of the old sewage plant property seemed to be acceptable to both interests. Mason and Reilly want no road through the center of their property, if it is to be developed as a shopping center, and bringing the road nearer Hy. 5 at the west boundary of the Beiersdorf property suits his arrangement. The dimension noted above is to the center line of the road, which will be a 70' wide R/W. This same suggestion should be discussed with Carl Dale and the city staff as soon as possible. t WDSchoell:sd Z cc: Lloyd Schnelle joil 1 � all Y .. ✓ r y f . - �•� ` IV r� a•'-' •ii '�0'_y a err �. - R�:t �,• a- y s �. 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The 500' dimension agrees exactly with the distance shown on a previous submission from "Mesa Grande", and the lesser amount would allow Bruce a little more -leeway in staying clear of the upper end of the ravine.. Bruce asked about access to Highway 5. I told him that I thought a temporary access ought to be allowed at the old sewage plant driveway, the west side of the Beirsdorf property., but that permanent access would be gained either by extending the frontage road all the way to the east end of the B property (future location of a Hy. 101 separated crossing, or west- ward to Dakota Avenue and later to Highway 101, when the: -latter -has been provided with a protected, signalized and channelized intersection. I told him that the temporary access should be surfaced 28' in width. Width of the frontage road R/W should be 80' and it should be surface 36' wide according to the ordinance. Driveway entrances into it should:be held to a minimum, but at least two entrances should be provided -for the first stage of 96 units, apartments of two -BR size, he says. Also told him that the frontage road should be completely constructed for whatever length would correspond to the east -west length of the first stage., and provided with a temporary cul-de-sac at the east end. On the question of access to Highway 5, there is an existing entrance at the old sewage plant driveway which gives better sight distance for drivers waiting to enter the highway than does Dakota Avenue. It should be understood and agreed, however, that the "temporary" entrance there for the Beiersdorf development will be removed when the -first of the following occurs: (a) the frontage road is completed eastward to the east city boundary; and (b) the frontage road is completed westward to an adequate entrance -at either Dakota or Highway 101, adequate to mean proviiing protected left turns off the high- way; not just the present inadequate situation. WDSchoell:sd cc; Lloyd Schnellez Jerry Schlenk (MAYOR C0U1NCILr,_,,U d COUNCIL,"•.i_Pi '-----_....,,�._-.-.-.._-- - - :,jLUG. IN -Sp.. -�-----._—...- UTUI- SUf T. I` REGULAR PL21- 10ING COMISSION MEETINIG JULY 24, 1974 The meeting was called to order by Chairman Dan Herbst. The following members were present: Jiro Miel.ke, Nick Waritz , Dan Herbst, Mariana l Shulstad, and Toy, Gabbert. Tim Stone was absent. MINUTES: A motion was made by Jinn Mi.elke and seconded by Tom Gabbert to approve Ithe July 10, 1974, instant Shade public hearing minutes as written. Motion unanimously approved. A motion was made by Jim Mielke and seconded by Tom Gabbert to approve the Smith Greenhouse public hearing minutes of July 10, 1974, as written. Notion unanimously approved. A motion was made by Mariana Shulstad and seconded by nick Waritz to approve the July 10, 1974, regular Planning Com-nission minutes. I -lotion unanimously approved. PROPOSED PRELIMINARY DEV2L0Pf1FNT PLM^i - X-P-,N BEIERSDORr : Ken Beiersdorf an Bruce Pan ti nin were pr esent a 'he Ghat asp expl i.ned the history of this property. Bruce Pankonin presented the proposed preliminary development plan to the Planning Commission, Mr. Parikonin would like the City to resolve the location of the service roast from Dakota Avenue to the Chanhassen east boundary line so he can finalize his plan. Carl. Dale gave a review Of his report of Jury 17, 1974. He suggested this plan sho-uld be submitted to Eden Prairie for their review. He finds the density acceptable for apartments. He recommends planting evergreen trees along_ the sotit.hwest lot line as .a buffer from, Chanhassen Estates. ;. It was decided to have the Admini8trator, City Engineer, land -owner and his planner, owner of Outlot 2 in Chanhassen Estates and Eden Prairie resolve the location of the service road. Mr. Pankonin will then revise the plan accordingly. NORDSKOV: Dan Adams was'pres.ent. He stated they have reviewed the Ca.ty reports and feel they can adapt to every problem area except density. We want a definition of density. We feel ten units per acre is suitable for this area. The Chairman explained that the Planning Commission Sias never got beyon4 anything further than land use on your plan. There are lots of other things to be considered. Mr. Adams stated they are adjusting the density to A units a gross acr, Is this in line withwhat the Planning Ccinmissi.on would have for multiple residence area in Chanhassen? The Chairman explained that ? j or 8 units per acre on 175 acres will change this toi4n so drastically it is hard to comprehend. This will change the character of the city completely. Chanhassen today is 76% single familyand 24% apartments. Jim Mi.elke stated the point we have been trying to make is we dean ° t want to see commercial out that far and your density'is much to high fo. that virgin farm country in an outlying area like Chanhassen. Isar. Adams stated they would like to have the first 80 acres zoned and the remainder be left for the present. They wi.l.l not go to single fami on the 175 acres. We believe it would be the wrong place for it. We will present the new plan at 'the public hearing. 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: July 19, 1974 FROM: Zoning Administrator TO: Planning Commission Chairman and Members SUBJ: Request for Public Hearing on Preliminary Development Plan; case of Mr. Kenneth Beiersdorf REF: (a) Zoning Ordinance #47, Section 14.05, Subsection 3 through 4b ENCL: (1) Planning Commission minutes dated May 22, 1974 (2) Council minutes dated May 29, 1974 (3) Planning Commission minutes dated June 12, 1974 (4) Planning Commission minutes dated June 26, 1974 (5) Zoning Administrator's report dated July 5, 1974 (6) Mr. Bill Schoell's, Consultant Engineer, report dated July 15, 1974 (7) Park and Recreation Commission minutes dated July 16, 1974 (8) Mr. Carl Dale's, Consultant Planner, report dated July 17, 1974 (9) Mr. Carl Dale's, Consultant Planner, report dated July 17, 1974 (refers to density) (10) Mr. Don Berg's, USDA Soil Conservationist, report dated July 17, 1974 (11) Beiersdorf's proposed preliminary plan with brochure 1. In accordance with the provisions contained in reference (a), you will review the Zoning Administrator's report on the subject development. After reviewing the Administrator's report you will make recommendations, if necessary, to the subject plan and set a date for the public hearing. 2. The following documented information is hereby submitted for your review in taking your action on the subject development plan: a. Enclosure (1) are the Planning Commission minutes dated May 22, 1974. -2- b. Enclosure (2) are the Council minutes dated May 29, 1974, which directed the Planning Commission to allow Mr. Beiersdorf to proceed with planning his property. c. Enclosures C3) and (4) are the Planning Commission minutes dated June 12, 1974 and June 22, 1974. d. Enclosure (5) is the Zoning Administrator's report dated July 5, 1974, which granted proposed preliminary -plan approval. e. Enclosure (6) is Bill Schoell's report dated July 15, 1974 which refers to roadway, drainage, and sewer and water for this development. f. Enclosure (7) are the Park and Recreation Commission minutes dated July 16, 1974. Mr. Bruce Pankonin, Planner for Beiersdorf, made the presentation to this Commission. The Park and Recreation Commission requested that the proposed plan be reviewed by the City of Eden Prairie in reference to the proposed greenway. The plans have been forwarded to the City of Eden Prairie for their imput. g. Enclosure (8) is Mr. Carl Dale's, Consultant Planner, report dated July 17, 1974, which reviews the total plan. h. Enclosure (9) is Mr. Carl Dale's, Consultant Planner, report dated July 17, 1974, which refers to density. i. Enclosure (10)is Mr. Dori Berg's, USDA Soil Conservationist, report dated July 17, 1974. J. Mr. Beiersdorf's proposed preliminary development plan with a brochure dated July, 1974 is Enclosure (11). 3. Zoning Administrator's Comments: The following areas are of major concern to the Zoning Administrator: a. Density: The proposed density forthis development is higher than one would expect to find in a metropolitan fringe suburban city. Further, this city puts strong emphasis on its rural setting with a low density. However, Mr. Dale in his report does address this density problem. See enclosure (9). b. Roads: This is the area where we can have a real problem. However, Mr. Schoell has covered this in his report. See enclosure (6). c. Open Space/Recreational Areas: I really feel that much more can be accomplished in this area in providing year around recreation for the apartment dweller. The following suggestions are hereby submitted for your comments: (1) Recreation Room for each apartment building (2) Year round swimming pool -3- It is suggested that the pool and recreation room could be put under one roof (recreation center building). It is realized that this costs money for the developer. However, other developers are putting these type of facilities in their projects,:why not in Chanhassen? In summation I think Mr. Berg, an excellent piece of work in area of this development plan. Sincef ly)youy, , 1l.GLVz'<A V . LJ 1i111LG liG "ioorii g Administrator LGS:k Mr. Schoell, and Mr. Dale have done addressing themselves to the problem cc: Carl Dale, City Planner Bill Schoell, City Engineer Don Berg, Soil Conservationist Russell H. Larson, City Attorney. Kenneth Beiersdorf File PLANNINGDESIGN I; 4326 Chicago Avenue So. Minneapoks, Mhnnesota 55417 Phone: (612) 822-2106 July 17, 1974 PLANNING REPORT For: Planning Commission City of Chanhassen, Minnesota By: Carl R. Dale, AIP Planning Consultant Subject: Planning Review and Recommendations Beiersdrof PUD Plan (Preliminary Development Plan for "Chanhassen Village" PUD) Planning Considerations 1. Thi's matter.and site has.been considered.by._the Planning Commission at many previous meetings at which various development plans were dis- cussed. Atone time, the land was apparently zoned for commercial, industrial, and residential (1/3 each), then designated "PUD" when the current Zoning Ordinance was enacted. The most current plan calls for a mixture of commercial and residential (multiple dwelling) with industrial uses eliminated. As a land.use concept, we find the new plans satisfactory and in accordance with the Comprehensive City Plan; the primary improvement is the elimination of industrial. 2. Under consideration now is a staged development.plan with first phase construction to be 96 apartment units. The applicant has also sub- mitted plans for 2nd and 3rd phase residential construction with all three phases totaling 352 dwelling units with a density of 13.8 d.u..`s per acre.. Plans for additional dwelling units and commercial develop- ment are to be submitted later as per the phase development plan submitted by the applicant. We .find this approach acceptable and even desirable to provide flexibility for private -planning and investment and -to afford maximum public.control and response to public zoning policy considerations (for example - control and timing of commercial development in relation to Downtown renovation program needs). 3. The first order of business. is to consider the overall general develop- ment plan for the entire land area under consideration. While we find the plan generally acceptable,.there are several major questions which should be resolved prior to approval: a) If the Land Use and Circulation Plan compatible with the plans and public policy for adjacent land in Eden Prairie? b) Is the proposed alignment of the east -west public road proper and and adequately coordinated with plans for adjacent land to the west, future access to. Highway No. 5, and neighborhood circulation plans? This matter should be thoroughly discussed since there PLANNING REPORT -2- July 17, 1974 are some apparent potential conflicts of public policy and cir- culation plans affecting this development. (Note: These are Lubiic decisions to be made which directly affect the applicant's 1st phase construction plans.) 4. I-r= it is assumed that the east -west public road alignment is proper as per the applicant's plans, the 2nd order of business is to analyze the more detailed phase no. l plans submitted: a) Density - for the first phase of the total PUD, we find the pro- posed densities acceptable based upon the following: * 1st phase construction - 96 units at 10.4 per acre Any appartment project of less than 12 units per acre is generally considered quite good with respect to land coverage, open space, and other relationships. * 2nd phase construction - 128 units at 15.3 per acre While this is designated as being over 12 units per acre; it is only because a major portion.of the wooded open space.to be retained is allocated to the 1st phase of construction. (See phase map.) When the two are considered together, an average density of near 12 units per acre results which is quite satis- factory for garden or walk-up type apartments. * 3rd phase construction - 128 units at 16.2 per acre This is quite acceptable since underground parking "credits" are involved. Underground parking allows for less ground cover- age by parking surface cover (exterior garages and pavement). The result is added openspaceper dwelling units and most communities do allow for density credits for this reason. * Total phase No. 1 construction for total PUD - 352 units at 13.8 per acre Considering that one phase of this total includes underground parking, we find this overall density quite acceptable and well within the range permitted by outlying suburban communities. b) Site Plan - despite a. rather negative initial reaction to the plan by members of the Commission,we find it to be generally satisfactory following careful review and analysis. Our final judgment, however, must await review of a fully dimensioned, more detailed plan that would be required later. Our comments and suggestions regarding the site plan for the residential development are as follows: While tree cover is to be maintained as a screen/buffer between the proposed apartments and the single-family homes to the west and southwest, it is noted that these may not be adequate during winter months due to loss of leaves. For this reason, it may be well to consider the requirement of pine trees on the slopes for permanent, all season screening. PLA41NING REPORT -3- July 17, 1974 * Subject to recommendations by others, we suggest that the desig- nated "public park" not be dedicated for public use but rather it be maintained as a natural green space in private ownership. An easement should, however, be secured for public use of the proposed trail system with public liability insurance provided by the City. It is suggested that it is 'not necessarily good public policy to accept all land offered for "park" use due to costs, police, tax return, and other problems involved. In many instances, the -public purpose of open space reservation can be obtained and retained through private means but under control of a PUD or other type zoning contract with appropriate conditions and. public use rights and conditions. * Building setbacks, locations, and the like seem adequate although final judgement should be reserved pending analysis of more detailed plans and a final judgment as to the proper alignment of the major east -west public road. 5. Our recommendation is for approval subject to the following: a) Comments and suggestions from the City Engineer, SCS, and others. b) A public decision as to the proper alignment for the east -west public road which, in effect, will become a service road to Highway No. 5 and a local neighborhood "collector" street. c) Approval of more complete and detailed plans later for first phase construction. d) Development of a complete and detailed PUD Permit with adequate conditions covering the entire PUD area; this should include a carefully worded section on phasing (stage construction component) development of the total area under consideration. DESIGN PLANNING ASSOCIATES, INC. 4826 Chicago Avenue So. Minneapolis, Minnesota 55417 Phone: (612) 822-2106 July 17, 1974 RESIDENTIAL DENSITY ANALYSIS CHART For: City of Chanhassen, Minnesota Prepared by: Carl R. Dale, AIP Planning Consultant The following informationvis offered in the hope that it will assist in the proper public evaluation of densities.proposed for residential develop- ment. Density Type Description 'Comments A. "Rural",,. 1 D":.U/Ac. Quite commonly permitted. in past years. (Farm and non -farm but now generally .considered-inade- dwelling units not quate for many reasons. provided sanitary sewer or general urban public ser- vices.) 1 D.U./2.5 Ac. Minimum lot area recommended for ade- quate on -site sewage disposal with good soil condition. 1'D.U.,/5 Ac. Probably the most common or "popular" density requirement replacing the one -acre requirement of -years past. 1 D:U:/10 or Considered highly -desirable but 20 Ac. "experimental" and with some "finan- cial" problems. Note: Above densities are now modified by flood plain and shoreland regulations as well as standards related to soil types, slope, watershed, and other standards and regulations. B. Suburban 0-4 D.U./Ac. (Sanitary sewer service available or available within 5 years - CIP - ) General single-family home development and may include duplexes. Includes a variety of lot sizes with most common being approximately 10,000 sq. ft. - When permitted, duplex structures normally require iz normal lots. Mid -Density Medium Density High Density ' C. "Urban" Central Cities and 1st tier suburban communities 5-8 D.U./Ac. Typified by "patio homes" and town- houses. Many units have been built at approximately 6 units per acre although many ordinances permit up to 8 per acre; market demands for open. green space, however, has limited most high.density to the central cities and 1st tier suburban communities (onE project in Hopkins has 12/acre). 9-15 D.U./Ac. Typified by "garden" or walk-up apart- ments. These projects average in range from 12 to 15 units per acre with 15 per acre being the most common permitted high. Except in first tier suburbs-:-, projects of over 15 units per acre are not common. '15+ D.U./Ac. We consider projects of 15 or more units per acre to be "high density" justified in outlying areas only in certain instances when specialized housing is involved (retirement, luxury high-rise, etc. It is quite normal for housing to exceed 15 units per acre in the cen- tral areas of the Metropolitan Region for a variety of reasons. There are also good and sufficient reasons why such densities are not built or per- mitted in more outlying areas. Notes Evaluation of "green or open space". "Gross" and "net density" Other factors to consider 1. The method by which density is calculated is important. The type of housing is also an important consideration. Also, there is the question of net vs. gross density. Some examples are as follows: a) If public streets are included, the density quoted may seem lower than at first glance. In fact, the inclusion of private streets in density calculations gives an impression of lower.density al- though this is now commonly permitted. b) Density is sometimes presented as being low (especially in PUD's) by including all types of land use .including commercial; such gross density calculations can be meaningless and misleading. c) The inclusion of un-related or unusable "open space" can give appearances of lower density; often, the inclusion of paved space fo•r parking is included to give an even more exaggerated picture of "low density". d) The type of housing is important; for example, 8 single family homes on one acre would be considered high density while over 20 units in a high-rise structure would not necessarily be con- sidered high or excessive.. e) Location can also be a factor; higher densities might, for example, be encouraged near mass transit routes but discouraged in other areas for obvious reasons. It may also be appropriate to en- courage higher densities near major public open spaces. The above is intended as a "guide" only since each situation is unique and there are many and varying factors to consider. SITE PLAN REVIEW CHANHASSEN VILLAGE F.U.D. 69.31 ACRES, Nt, NE'k, SECTION 18, T116N, R22W OWNER: MR. KEN BIERSDORF PLAN BY: URBAN PLANNING & DESIGN 4826 CHICAGO AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55417 REQUESTED BY: LIM SCHNELLE for the CHANHASSEN PLANNING COMMISSION REVIEWED BY: ROBERT A LUETH, SOIL SCIENTIST DONALD C. BERG, DISTRICT CONSERVATIONIST USDA SOIL CONSERVATION SERVICE CITY HALL WACONIA, MINNESOTA 55387 JULY 17, 1974 IN COOPERATION WITH: CARVER SOIL AND WATER CONSERVATION DISTRICT 40 I have reviewed the soil conditions as related to building site limitations for building phases I, II and III on the 69931 acre site, as submitted to the Carver Coil and Water Conservation District on July 15, 1974. This inventory and evaluation will help the land developer and the village consider the adequacy of the plan in teams of the following: 1. Limitations of soils for the intended use. 2. Prevention of erosion due to land disturbance. 3. Conservation treatment of storm drainage water to control incteased runoff and protect downstream landowners. 4. Harmonious development of roads in relation to slope, soils, drainage, and landscaping. 5. Construction and maintenance of water and erosion control structures where needed. Soil survey mapping units have been drawn over the preliminary plat map and color coded to show building site limitations: Green has slight limitations Yellow has moderate limitations Red has severe limitations Blue has very severe limitations. The solid colors show land slopes, land alteration, soil erosion and sediment hazard limitations. The lined colors show wetness limitations. The soil mapping units and major building site limitations found on the prop- erty are listed below: Building Site Slope Map Color Limitations Soil Symbol Soil Dame Range Green Slight land alteration HaB Hayden loam 2 to 6% and soil erosion Yellow Moderate land alteration HaC Hayden loam 6 to 12% and soil erosion Red Severe land alteration HaD Hayden loam 12 to 18% and soil erosion HaD2 Blue Very severe land alteration HaF Hayden loam 28 to 40% and soil erosion Yellow Moderate wetness LsB LeSueur clay 2 to 6% lines loam Red lines Severe wetness Cs Cordova silty 0 to 2% clay loam Red lines Severe wetness Ge Glencoe silty 0 to 2% clay loam •coeds uado Kineaq Isanaeu aoj panoadmT pue paaoaaoad aq Plnogs aauaoo asauganoS aga uT Pus Alla aqa suole saga, aanaem aqy •L *Alaadoad aqa To aauaoo isamgl noS aqa gsnoxgl Suluuna dl;n8 aqa go aoueape aqa auanaad oa papaau aq Alm. aanaonaas uoTaszllTgeas apeaS y •g •papaau se suTeap maoas pus (S£ oa ££ dd) s6eA3alvA ssea8 opTAoad pue 3Touna aaasm aoeTans iol ueld •S (65 oa TS Pug 6Z oa TZ dd oaS) •seaae aaaez, pue puel aaAol aoaaoad oa auauTpas pue aaaem 33ouna maoas aoalloo oa daaadoad aqa eAsal sAamiaivA aaagA saulod aqa au papaau aq Asu ulseq auamlpag *V (TT dd aag) •sssa8 Ienuue kasaodmaa s oa pazueld aq ao pagotnm aq IITm aaom ao sdsp O£ aoj posodsa aq IITx alga ssaIV (OT oa S dd aag) •Sulpaas sseas so pos gaTA uoTaeaaBanaa IsuTJ ao3 ueld s apTAoaa •£ (Z dd aag) •SuTausld adeospuel aoj paq pass s aoj SuTpeaS IeuT; uT pasn aq IITm aega ITosdoa aoj seaae alT.d 31ooas go uolaeool Aogg •Z (4j pus £ dd aag) •oguuTeap zoiem eoelansgns pus sos3ans pue 6I03auoo uoTsoaa 9salallTan `saaaaas 4saaTs SuTPITnq aoj ueld Sulpea8 pull a SuTpnlouT saseqd auamdolaaap aoT algea omTa pauueld a aplAoad •T (•uaaT gosa aaaTe paasTl sT aagmnu aced aqy •£L6T ,sane 's,aoTaasTQ uoTasAaasuoO aeleM pus IToS go uoTaBToossd oaiax aqa Aq pagsTTgnd :qoogpueg IoaauoO uoTsoag uegaM aag) :SuTAO1TOl aqa mops pinoct asga usld aaTs aqa go lied a s$ ueld uolasAaasuoo aaaen pus ITos a aasdaad pinogs aauSTsap auamdolaeap ao aoaaTgoas adeospuel aqy •aAeq IlagoaTK oauT suTeap jleq-auo aseg aqy •a'4eZ gsluR-aolg oauT 43322Tp sT ;leg-auo Isom aqa moil aSsuTeap aaaeA aoelans aqa asnevaq ausaaodmT laaA sT aaTs sTga uo uoTaonaasuoo suTanp uola -Tsodap auamTpas pus uoTsoaa ITos loaauoo oa papaau saoTaosad uolasAaasuoo aqy -.X0 a Triab�yl •smalgoad a$edaas asnea III" Iaga aaagx ssaas moil magi aAomaa Vol apse usjd E pus fpaasool aq pinogs asagy •alTa leanalnoTaSe gaTm paulsap uaoq aAeq SIauaaedde eveas can asagj •papaau IT sdmnd duns SuTpnlouT 'SuTjooadaaasm auamaseq pus suTeap SuTaool apnlauT pinogs ueld auamdolaAap aqZ •(dem aqa uo sauTl Pea uT ui&ogs) ssaae ITos (if)) aooualo pue (sO) aaasgaM-sAopaoO aqa uT algea alien gsTq Isuoseas pus ssouaan ITos go asneoaq malgodd 2uTnuTauoo 8 aq 11T A aSedaes auauassg The following is a short description of the soils found on the property and their limitations for building sites, foundations for low buildings, and streets or low cost roads. HaB, HaC, HaD, HaD29 HAF Hayden loam Hayden soils consist of undulating to steep, well drained soils formed in glacial till on convex upland slopesq The surface layer is very dark gray loam about 4 inches thick. The subsurface layer is dark grayish brown loam about 7 inches thick. The subsoil is dominantly yellowish brown firm clay loam about 34 inches thick. The underlying material is light olive brown loam. The major building site limitation is very severe landscape alteration and ero- sion and sediment hazard on the F slopes (25 go 40%), severe landscape altera- tion and erosion and sediment hazard on the D slopes (12 to 18%), and moderate landscape alteration and erosion and sediment hazard on the C slopes (6 to 127.). In many Hayden areas, water moves through the soil very slowly and basement seep- age is a common problem. When used as foundations for low buildings, they have a moderate limitation: medium shear strength, moderate shrink -swell potential, medium compressibility, :medium bearing values, and basement seepage is a common problem. When used for streets and low-cost roads, they have a moderate shrink -swell po- tential, moderate susceptibility to frost action, moderately fine textured sub- soil, and are found on gently sloping to steep topography. 0n slopes over 12`9 the limitation becomes severe because of deep cuts and fills. The road mainten- ance problems also increase as the slope increases, especially from erosion and seepage. LsB LeSueur clay loam LeSueur clay loams are moderately well to somewhat poorly drained loamy soils over heavy loam or light clay loam glacial till. The building site limitation is wetness with the seasonal water table at 3 to 5 feet for short periods. When used as foundations for low buildings, they have moderate limitations: medium shear strength, moderate shrink -swell potential, medium compressibility, medium bearing values and possible high seasonal water table. When used for streets and low-cost roads, they have a moderate shrink -swell potential, moderately fine textured subsoil, and moderate susceptibility to frost action. Cs, Ge Cordova silty clay loam, Glencoe silty clay loam Very poorly drained clay loam and silty clay loam soils. These -medium textured materials are commonly many feet thick. The subsoils are typically neutral. They occupy 1 to 5 acre depressions and 5 to 40 acre long, winding, low gradient drainageways. Conmonly associated soils are the poorly drained Webster soils, the sloping Lester and Hayden soils, and the peat and muck soils. The major building site limitation is wetness. The Cordova soils are poorly drained and the Glencoe soils are very poorly drained and have a high seasonal water table that ranges from near the surface to a depth of 3 to 5 feet. When used as foundations for low buildings, they have a severe limitation: high water table, medium to low shear strength and bearing values, moderate shrink -swell potential, and a medium compressibility, When used for streets and low-cost roads, they have a high seasonal water table, are occasionally ponded, and have a high susceptibility to frost action, moderate shrink -swell potential, and a moderately fine texture. For additional soil information, see "Soil Survey - Carver County, Minnesota"" United States Department of Agriculture, Soil Conservation Service, November 1968, The soil investigations, mapping and interpretations ordinarily apply to the upper 5 to 6 feet of soil material. There should be additional onsIte invest- igation relating directly to the proposed uses before construction is started. Attached: Development Plan With Soil Mapping Units Colored to Show Building Site Limitations and Color Key WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 16121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 July 15, 1974 Planning Commission c/o Mr. Lloyd Schnelle, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Review of Proposed Preliminary Development Plan for "Chanha,ssen Village" PUD, Beiersdorf Property Gentlemen: We have reviewed the text and five drawings submitted and prepared by Urban Planning and Design, Inc. in conformance with the requirements of Ordin- ance 47, and report as follows: ROADS The drawing titled "Property Location, Attachment A" shows a service drive along the south side of Highway 5, parallel and about 500' south, which is in the recommended location for such a service or frontage road. The "Development Plan", however, shows this service drive starting imme- diately adjacent to the present Highway 5 right-of-way in the NW corner and then curving southeastward to the same location. Our recollection is that the development plan for the "Mesa Grande" development to the west showed this service drive in the recommended location. Mr. Bruce Pankonin, planner for the subject development, said that he had talked with the preliminary planning engineer at the Golden Valley office of the State Highway Department, who showed him a plan for upgrading the Dakota Avenue intersection with No. 5 and said that the Highway Department has pur- chased the north 100' of the Mesa Grande land for additional highway right- of-way, to be used for the service road. For that reason, he had started his service drive adjacent to the present highway. I recall that Jack Anderson's traffic study for this area proposed such an arrangement, but that'this plan was not approved by the City Council. I believe that this difference should be resolved with the Highway Depart- ment as soon as possible. I believe that the service road should stay about 500' south of the present highway, inorder to provide "stacking room" at each entrance to the highway, and that eventually the full crossing at Dakota Avenue should be removed. I also believe that. the City should concentrate on getting an improvement in traffic pattern at Highway 101 and 5 as its first priority; anything done by the Highway Department at Dakota probably would detract and delay the 101-5 improvement. The road layout shown on the "Time Phasing Component" drawing indicates good provision for the remainder of the service road and adequate reservation for future highway right-of-way at the future intersection with Highway 101 at the east edge of Chanhassen. SCHOELL & MAOSON. INC. Planning Commission Page 2 July 15, 1974 The interior street pattern appears adequate. All driveways into the proposed multiple residential area connect with the proposed service road. Roadways within the residential buildings are to remain private. Access is provided to the property to the south at approximately the midpoint of the property and at the east boundary. SANITARY SEWER AND WATER Chanhassen has adequate capacity in the trunk sewer bordering the west edge of this property. The interior line should be increased to at least 12" diametera along the south boundary in order to provide adequate capacity for pumping the sewage from the eastern portion of the area westward, in case that is determined most feas- ible when it is developed. Chanhassen has a 10" line stubbed out at the northeast corner of the prop- erty. This can be used, and a connection should be made to the Chanhassen Estates water grid in order to provde that area with the dependence of a . second highway crossing (only one crossing now exists, at Dakota). Detailed planning for both the sanitary sewer and water will take care of these items. DRAINAGE The drainage plan, shown on drawing "Services & Facilities Component Attachment E", contemplates using a small pond to retain surface runoff for a short period and thereby give an opportunity for settlement of sediment load. Outlet is to the ravine along the west edge, leading down to Rice Marsh Lake. The southeast portion of the property drains southward to what is now an open field in Eden Prairie. The right-of-way along the east border is the location of future 101 and srainage can be adequately provided for there. GENERAL We recommend your approval of this submission, except for the road arrangement, for the reasons stated in the beginning of this report. Very truly yours, CITY ENGINEER WDSchoell:sd 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: July 5, 1974 FROM: Zoning Administrator TO: Kenneth Beiersdorf SUBJ: Proposed preliminary development plan; Case of Chanhassen Village (Beiersdorf ) REF: (a) Zoning Ordinance #47, Section 14.05, Subsection 3 1. In accordance with the provisions contained in reference (a), the following report is hereby submitted for your review: a. Site in Relation to Surrounding Area and Uses: This particular site is presently zoned P-3. Further, on the:,west boundary it abuts C-2 zoning and on the southwest boundary it abuts R-1 zoning. The north boundary abuts P-4 zoning. It is felt that the proposed use does meet city standards. However, it is felt that the southwest boundary of this proposed development plan that abuts the R-1 area will be a problem area if proper screening (year round) is not provided for this development. b. Proposed Land Use: The proposed land use is for multiple dwellings and commercial. It is felt that this does meet with city standards. c. Population Density: The density proposed for this develop- ment is.high for the city. However, it is felt that Mr. Dale could better address this problem area in his report. d. Land Use Intensity: The land use intensity as shown in the plan will be intense. However, it is felt that Mr. Dale could better address this area in his report. e. Existing Topography and Tree Cover, Buildings, Streets and Other Site Features: It is the opinion of this office that the City's Consultant Planner and Consultant Engineer should render comments required here. 9 -2- f. Proposed Public and Private Streets: This is going to be a problem area in reference to Highway #5 and access to it from this proposed development. This will definitely require imput from our Engineer and Planner. g. Open Space Proposed: In reviewing the proposed plan it is felt that the open space is adequate for this plan. h. Architectural Style of Buildings: This office" -has-..' not reviwed any renderings for this project showing architectural style. 2. Zoning Administrators Comments/Recommendations: The Zoning Administrator grants proposed preliminary plan approval. However, this proposed preliminary plan approval is subject to further recommendations by the Zoning Administrator after he has reviewed the City's Consultant Engineer, Planner, and Mr. Don Berg's, USDA Soil Conservationist, reports on this development plan. ly/)yqur*, d G. "5ahn�lle oning Administrator LGS:k Regular Planning Cola-rilission Meeting, June 26, 1974 -3- 4. All mianuze rumoved froin stalls to be stored in COUt3Lkqers which are to be sheltered from the el eatents to prevent leaching. S. sto,-f:ed i�anure to be removed regularly and whenever necessary to prevent unreasonable accimiulations . G. operations to be conducted so as to reduce to a minimum the danger of seepage of liquid wastes and leaching of solid wastes. 7. Installation of a dam on Cbxjs-t=as Lake Creek to serve as a settling pond. A ;notjon was rode by Tim Stone and seconded by Mariana Shulstad t1lat the planning Con-aAssion recomiaends -to the Counci l. that they instruct the City Staff: to initiate nagotiations between sir. Loris and the City on the interim controlls and that the Council noir, take any iormal action on the application for Conditional lice Perrtlit until. the final PCA report is cOM-Piated. Motion unaniumously approved. pp�opoSj;;D HORSE 0RD'_T'-_,,TAN_TC_E,: A motion was, made by Jim I-Ijeljcze and _,e-,_-0r,ded by '-;-;b table action on the proposed Horse Ordinance until after we receive the final PCA rep3r-#- on Twin Hills Farm. The 2olicyoling voted in fa.-%,ror: Tim Stone, Nick. WaritZl,, Dan Herbst, jjzj IS3elke, and Tow- Gabbert. Mariana Shulstad voted no. S1.1e does nolt. see airy advantages in the application of thQ PCA report or how it applie-U to .the Filorse Ordinance. kjotion carried. P, motion viaa made by Tira Stone and seconded by Tom Gabbert that- the Planning Commission will submit a draft of the proposed Horse Ordinance to the PCA for their review and response. motion unani=,usJ approved. The Planning Commission appreciates the fine work our Horse CowaitteO has clone. Nick Waritze Mariana shuistado and Jim blielke have done a fine job also the prople from the Horse Association. HAROLD RESSB: mr. and Mrs. Harold Hesse,, Frank Berg, and Kc-r!) I ge,3a;,11c urith a prelim knad Cve o ry - rm e n t plan. This, plan was pro:: anted t© the Park and Recreation Cortmission for their The first stage of development is 12 lots on the cast side of Bluff Creek Drive. panning COT.w.kission members discusne( whether or not these lots can be rastvbdivided when se,,wer and wator are avalla . ing Co-mmission put in . ble. Carl Dale suggested tjjc_ plann t, air minjitc..S vev, strolig reasons for not allowing lot resubdivisi on. 41. Bill schoell suggested this could be done by private dead restriction A motion was node by Tom Gabbert and seconded by jim mielke to hold a public hearing on the proposed preliTninarY developaineat plan of Besse Farm on July 24,, 1974, at 8:00 pm. VW. Baldwin wi.11 re -meet with Don Berg and also have the preliminary plat ready by July 8, 1974. Ifiotion unanim-ously approved. Jim Ylialke laAt the meeting. f'PCYI py Beicxsdori and Bruce Pankonin wVve Xe i -.6ch plan ap L proval. Th-, first phasO Consists .of 23 acres with 224 two story garden aparulients and 128 apartment Its. Some of t1le units have und=-ground parking. Mr. Pan%Onln uni .ained they askes for a pvblj,c heaAring on July 24. Dan Herbst exp' are at sketch plan stage and have to come before the Planning Regular Planning Comini.ssion Meeting, june 26, 1974 -4- Coznani !ss ion with a prelim,' nary development plan before a pubIli c hearing date is seta ^1 Planning Commission members were polled for their coriments on the sketch plan Dan Herbst - ' The; e is nothing wrong with the land use if properly buffered from the single family homes. t dislike the concept plan as submitted i ari.ana Shulstad a i don't thixA I better make any comments or participate .in a decision as l live near this propertyo Nick Waritz w The only way 1 can describe it is it looks like a "trAin wreck;." Torn Gabbea:t - x do not :Like the plaza.. I guess a "train wreck." cieacri.bes any feelings. Tim Stone - There: is a very hand edge between this proposed develop w and Chanhassen Estates single family. I would 1 ::a td see Caa:l. Dtal.e's evaluation of the plan. T do not feel bad about the land use but I do feet bad about the way you have deal: with the buildings on the Lando MSAS 101: Bill Schoel.l explained the location of thhis proposed street. A 100 foot right-of-way is required. Approximately DO% of this street will be paid for by the State. A motion was made by Tim Stone and seconded by Tom Gabbertr that the Planning Comm4iss.ion indicate to the Council that we approve in concept the location suggested for MSAS - 101 increasing the -radius at the northern extension of the road and western extension of the road. I -lotion unanimously approved. CARVER 51,1�'� H STUDY: Four letters were read from Carver Beach r i ent3, iNe Caz=ver Beach boar landing was discussed. A inotion was made by Mariana Shul.stad and seconded by Tim Stono to recommend the Carver Beach Development Guide for approval by the Council. This be adopted as an amendment and addition to the City Guide Plan. Motion unanimously approved. Two representatives of Carver Beach residents presented A petition requesting a feasibility study for sewer and water be completed. The Planning Commission acknoivil.edged receipt oL the petition and will forward it to the Council. A motion was m de: by Tim Stone and seconded by Mariana Shul.stdd to recoumend the Carver Beach Development Guide be slibmi.tted to the Park and Recreation Commission for their review of the boat landing and recommendations. Motion unanimously approved. STREET LIGHTI'LlTG POLICY: Nick Warit4, Jim Mielke, and Jerry Schl.enk are on this Gonu-6 L�`tee. A motion was made by Tam Gabbert and seconded by Mariana Shulstad to adjourn. Meeting adjourned at 12 :15 a.m. Jean Melaivissen Secretary REGULAR PLA NV: iG COi�LRISSSON MEETING JUNE 12, 1.374 0 C"I The meeting was called to or.•dc- by Chairman Dan ilerbi t. The following FIM"bcrs were E)Iesernta Tint Stone, Mariana Shulstad, Nick Waritz, Tom Gabbert, Dan Ilerbst, and Jim i✓dell-,e.. Councilman. Neveaux, RuJsell Larson, Dill. Schoell, and Carl Dare were present. the first paragraph under CARL C.�' RRI:CO in the May 22, i.97 � ra%l�utes to read: Mr. Carrico Was present requesting a 94 day extension to get his -Iciming and financing .i_n order. for. Carrico stated, "if x do not have a plan in 90 days i would be in favor of. the Planning COrr�sri,ssiozz recommending the Council withdraw the zonirAg. , A motion was made by Mar iaija Shulstad and ueeanded by Tin Store to approve the May 22, 1974, Planning Commission minutes as ascended. Motion unanimously approved. PLANNING _CC)�1i' TSSTON APPOINTMENT: The Planning Commission will lntervljx,i carictydates Jane 1.91 at 7:00 p.m. KEN BE.IERSDOP& : Mr. Ken Bei,ersdori: was present to discuss the >; atta,s The Chairman explai.ne;l 1-.he Pl.ann:kig Comm-ission actioT and Council caCi:ir)xl to Mr1 Beiersdorf, The Planning Commission xvantr-�d to act on what had previous -I y transpired aeld take the new prol.-jo ati and not delay mr. Deiersdorf. MX. Beier,dorf intends to proceed with the proposed concept plan. Mariana Shul.stad moved the adoptiolx of a resolution to direfr t i.Ir. Bei ersdorf to submit and secure approval of a preliminary development plan within 90 days after June 1.2, 1,974, and he will do so in accordanc With Ordinance # 47. Resolution seconded by Jim Iiielke. Resolution unan:iMously adopted. C7ABBERT AND GABBERT C'.O�iPANY: Ton Gabbert excused himself f.rC)m i�:fae F,L._ nl-A.leg Cornnii.?szon. Warren Beck, was present to discuss properi;y located on the north side of Arboretum Blvcl. at Chanhassen east boundary line. Mr. Becic stated they purchased the property in 1969 when it was Zoned industrial and were not aware until last year that the zoning had been changed. They do not feel this is the time to initiate development on this property. A zlotion was made by Tim Stone and seconded by Nick Waritz to tab l e action on th.i.s matter until the first meeting in July (30 days) .. 7.n tbat period of time Gabbert and Gabber: will take under advisement Ordinance 47 and be prepared to respond -to the Planning C:ortim1.ssion. The following voted in favor: Jim Miel.ke, Tlm Stone, Nick Waritz, end Dan Uen:bst. Mariana Shul.stad voted against- because the Planning CO"Imission is not being consistent with Mr. Be" ersdorf. We should not give Gabbert acid Gabbert 1.20 days. ,iotwion cazzied. At the end. of 30 :lays Gabbert and Ga.bbwrt will. come before the Planning Commission. with ei -her a decision to proceed with a concept- plan or not and then in 30 da.ys thic. Planning Commission on will. be :9-n a position to recourazielld to the Council. 'to revoke the zoning or if he has a concept plan the Planning Commission will. give 90 days for a preliminary development plane Page 2 Ken Bei.erdorf°s Proposed Develo went Plan Bruce PanT6n--.n f Urban Planning and De:-: gn expl.a�ned land usage of property south of Hight -,Tay 5 and east of Chanhassen Estates. He mentioned the possibility of dedicate. rq the open Greenway space on the southwest corner of the property adjacent to Chanhassen Estates. The Commission asked the Administrator to x:ev_ieYrr with Eden Prairie the possible linkage of this Greenway system with their plans for Rice Marsh Lake and Lake Riley. Carver Beach Lesl.ee Nelson, Dave Wilson and :aim Cranston, representing the Carver Beach Owners Association, requested the Park and Recreation 'i omanissi.on help and advise them with problems at beach and park areas. The Conraission feels. that most of the problems are covored in the new ordinance. There is $122.1eft in the Carver Beach Park budget for signs to help enforce ordinances. The money can also be used for railroad ties requested by them. A motion was made by Rich Lyman and.seconded by Chuck: Hirt to support a syste�t of regulating Carver Beach boat landing. Motion carried. Darold HeSse PUD--1 A motion was made "T Rich Lyman and seconded by Margaret Thompson asking for professional assistance to help us maintain the preserva- tion of the Bluff Creek Area for the Greenway System. Chaska Park and Recreation Comauission will be invited to the next meeting to discuss connecting the Greenway System with theirs. LAWCON Application Tile Commission was advised of the application that was sent in July 12, 1974. Miscellaneous 'ii2c ordinance was passed out and will be reviewed at the next meeting. Denis Stedman reported on the progress of the warming house. A motion was made by Margaret Thompson and seconded by Rich Lyman requesting a letter by sent to the Watershed District asking for a July or August reading of Take Minnewashta. Notion carried. Ad.j urn A motion was made by Denis Stedman and seconded by l,argaret Thompson to adjourn the meeting. Motion carried. Time; 1.2 : Q Q (shuck Hirt/Vivian Beaugrand CHANHASSEN CITY COUNCIL MINUTES - May 29, 1974 -2- HOUSING AND REDEVELOPMENT AUTHORITY, CONTINUED: A motion.was made by Councilman Bennyhoff and seconded by.Councilman Hobbs to withdraw Dan Herbst name from the Housing and Redevelopment Authority. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers,and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to appoint Bill Gullickson to the Housing and Redevelopment Authority. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs., Kurvers and Neveaux. No negative votes. Motion carried. A motEon was made by Councilman Hobbs and seconded by Councilman Bennyhoff to appoint Thomas Klingelhutz to.the Housing and Redevelopment Authority. The following voted in favor thereof: Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. The Mayor Abstained from voting. No NEGAtive votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to appoint Herb Bloomberg to the Housing and Redevelopment Authority. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux no to consider Adolph Tessness's application for the Housing Redevelopment Authority because he would be more valuable to the Planning Commission. The following voted in favor thereof: Mayor Klingelhutz, Councilmen'Bennyhoff Hobbs, Kurvers and Neveaux.. No negative votes. Motion carried. The Council would like the Planning Commission to consider his application for the vacancy on the Planning Commission. RE -FINANCING OF THE NSA CONSTRUCTION FUND: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to authorize the transfer of $159,231.00 of prepaid assessments from the Debt Service Fund to the NSA Construction Fund for the purpose of covering additional construction costs. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to authorize the use of $91,211.00 from the 71-1 Bond Issue for additional construction costs in the NSA. Provisions will be set up to pay back the principal and interest on the use of this money. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff; Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION ACTION ON BEIERSDORF PUD-3: Lloyd Schnelle, City Administrator explained the problems which have occurred with this developer. Dan Herbst further explained the recommendation taken by the Planning Commission on May 22, 1974. Discussion followed. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to direct the Planning Commission and zoning administrator to set up a time table of development with Beiersdorf under Ordinance #45 Section 14.05 allowing 90 days for the Planning Commission to complete this action. After which time the Council will direct the attorney to do the necessary action for changing the zoning. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion Carried. i:'c t.:4il. ]!.6ia'lSiiilL C'G::i'aii �a.x�?i i€vC6:iilgr flay 22r 1-974 -2— 1` afj Thad. "Itr x`{2i:f.e'anta Shu.l.teal and J: cer= ' s JJ.P. k" l:Cs7t�iti i?C a1g �i3C ; UiiC_°:».L approve "' ri ' t , a t,OX1 r t?c:: U=.�.�r"a:;l i^ % :� Sect-L(?a1 _ lak3�t 23 C E: C3.; i3.PlCtA2r:C �" i co.l_t] e• �, _ _ The ,.7 '1 G..%':'t;•tit 1��.: d at e d o L�he plan i:a.r t�.r.' j`j-1, :..ri' ,A. M '� 7 � SSA ?� i .z ilc� 7 p 9 J r r T:a?t3. �_i9fil�+'.'il'! i:4a ,,: o, ci.y�:}.cd li.aj;,3� the 4�: no" � v_ 3_C''SL' � � '^ a r r eci �r to a Lao specified L Ve'i:t:r.'.,.I%�a4" r _i ac ^retA jr i i Tl :ti ir?. .3 w,:.Ci%ku' iJc� :l:ai: r� •' ��?.� .. !'l1 �� `•' i2-.f r�`" � t.slf:: Cr7aiCi:�. i...i.oa!,x.�. USC T3nn-'- i.. st.,hG' .i ! e "i»i<^ City j3n :i.iar'oO� ° �c-po3:. ** .� rr3 J_ �1 Y r �. i.farta of Mliay 7, IF 970r c .�:.:k i.h : P_(:_�??.il` Cr Y ;}s r 1974. rf'Cle .3.ai2Lts-�2 7e 7)lan is an. :ilit;:lUdCK 31 T1"ia^ e- �•?."`:O run fox ..i 0 �'C?a.i:� a ��:l;t@ �_ Cl..'t.QT7.i. sC; V+'.a i�•�'.. :i::i 7 — `�" �c, kc !:iC.i.i),',-�,1�.'.i L•s�.�,.'i.i,�'I� ,r.7�%u.+...ataCl ��� i ..•.' r. '�]` lfsii_(� I� ri� ,, r C.t ui� 7::L'r.c: ,. a..d ►7_.,.t? L`.1.i: wG 7. l'l�'i. i no. _� oi::ton ca . allied- ti', '" 3C3CL:; �a � not of the sand ufle or, t1le ,Lax, -nii.i3f i3ti� r� �.. t � f p,,.an.-, b call e �:1.} -to a�.;�c�c•T � �;! :'.:.��?. lD-Ui 6.di,-,,V in 4:1'i,:'3.I�_".'Lasse—ij .i. `s st i� � s i"' b- r' ...,.., :� - E.y�...la )�...sg ca -c:: k �}��4-cC�['"ail; �M1 %o►. 2}G �'Cs7if+?'.+.'JJ1.G F.7-4-t 3 the ,,jeJ' S•ta'cE Building 4.'C7de, (3) a r,15J: © ? .i G'3I4 ..i:T: ti :'E»5d p3.saiia?1.:2. �e:w«aC�us"Ci s c:s3 r c`.aCf� tJy g $0":3."L'A'I...a'• tiiE-' CJ�i.�:=i::0�:.s. f~ita-es Wh:.V21 dry J.' alre Grd3.naznces F1 s_i' tA'Fy4.}1.1 .J �t'J.' \�s•L%f�.i r:. 3.AY Ta'brl, a. oEwuc:�arIk~LIAJave th"erP1i Is 40''iS.ud on the South �?cti c- f. cast ci.t::r li ilia ts. The land is zoned P3. P3 residential dent:i.a.i. c13d CGi.) i, :s:l.ii.i at.[.'e P-roposed. it is proposed to d{''d+,Crate the ,Poodad area i n the West corLer of tie prOPerty for passive recA eation. 'P3 c3R1}`34.1dg :DT€3%QLv.1 On-mc.:Tabars corenenitl-era on the cC?elce,pt. Dan Herbst C �} y3 G :oZ sit? t: ciil1r C�G:ipTi!*.�:L c r. ; � area t1fJFr? i� :1. i. '« ' . established. I hava jjo J, robl nj with there,_ L "sdt3ii ,' 1: a.!,Ca. is like the concept o� - e lin<?aS" gr:NV--ii 8)=3wco. ii`.t Slane pleased '- s the `"' �: �Yt3 p.�.E.'a.aCd to .�C+. 4�..te inCY"ttsi.:z:':l.c2l area ta.kGI1 C?t1'i'.'.e .1. li.i;.e the concept of extension of the green space. a: ca%3.ana S} uis tad - I1io catraiient at 4'`..h 4 S t:+.IiZe. 4 .5:,k :Ian: i. t„ z '°' .1�. feel t�13,s should r e O 4 back -to RlA. t.1:L.m Hiel ke - 1 do not favor c"',3d�� f oir-1t.?Mx'C 1 ctl service in this ca$'E'a as it Mould take away f om the CBD. Ca,rl Dale awinL-tented :.'rat the concept is not tofu much different than Oti Cr. plans pa:e,sc-:xz`i:.cd. T11-_ eolwakerci.al Oan be acc:ormodated by ;ant-Z"'.1 the C M is 14n better shape. If pa-".ersdOrf i.s p�.a�zn:ir, to Tpove: ahead he should be al lOvde—d to continue. I feel it i.s a mist -:fie wo take aL^aay, thc- zf 11jrg. 'h },1's0$:4.01l WaS 11 ,Ide by T art Stone aA',A , seaoy4ed by jil-1i mien l; e ti3.at thy: Planning C�r,C'iil�.>iuJ.CiX2 recoRuuends to 'the C:oci o?.1 ilat it ] � tiro Goa2 at3ii:iilS c7 'E to P arMirg CGi-iumiss i.oi"! that Liit . Eeje.t"Sdorf has not acted wi'`,.:.'e it ra aoonable ti.rrte and the Council instruct the Planning Co_71u .ss i on '%o :izai.ti.Gt a re 0-nilag back to the original zoning. Motion unanimously t x)�3rfrJv`ec1. GGII . g x�d.�i:t.x�i.�trator s�ac�:e�. �`.Isat; at the prr�vious review :in 1973 i :(= .icc3li%r.ng 61"sl lix w�.0?1 had ;Ca l d 1:0 "iCl: up dfr�.:�nes + , r gu4 fUr eiersd*rf ` O follow in establishing dated iAaen ho- would complete r c:,-,ch phase of hi€i planning. It is felt that at these PUD reviet+s tba t Ica —In ng Coartnt:ission should set: up guidelines whereby the developer has an opportunity to Met. the criteria as setiorth in the ordinance. s105 T7% a N a Y 16 Ift. 4826 Chicago Ave. S. --- Mpls. Mn. 55417 / Tel --- (612) 822-2191 John S. Voss, President May 22, 1974 Chanhassen Planning Commission City Hall P.O. Box 147 Chanhassen, Minnesota 55317 Re: Statement of Developer's Intent Dear Commission Members: Pursuant to City Ordinance 47, Section 14.05, Subd. 2, we are herein requesting input from the Chanhassen Planning Commission to guide future land dispositions of a 74+ acre parcel of land located south of STH 5 and west of 184th Avenue as shown on Attachment A. The property under consideration has the following natural character- iSticS: 1. Elevation and Touograuhy: The site is generally rolling to gently roiling with slopes exceeding 20% located in the south- west corner adjacent to the Chanhassen Estates. Approximately half of the site has slopes ranging from 0% to 4% and the remaining area ranging from 5% to 9%. Forty-one feet of the vertical relief exists between the high, located behind the existing farmsteads and the low located in the southeast corner. Natural Drainaqe: Two-thirds of the site drains to the south- east, the remaining area drains to the southwest. 3. Existing Natural Vegetation: Approximately 4% of the site is heavily wooded with hardwood trees. This wooded area adjacent to Chanhassen Estates consists of oak, elm, maple and basswood. In the dryer area on the east ridge, oak and elm are dominant with thickets of hazelnut, hawthorn and young oaks. Below the oak and elm is a Hardwood mixture of basswood, oak, elm, ironwood, maples, and blackberry. In this middle area and in particular, on the _west slope,t he under cover consists of gooseberry, hazelnut-, dog;rood, blackberry, young maples, brambles; and currants. In the lower area, where there is more moisture, box eld,-r, elm and cottonwood are found. 6 ,Dplicant believes that woodlands are a unique natural resource filar should be protected and be considered during all stages oT Urban development. Slopes exceeding 15% should be restricted by protecting i:h? indigenous vegetation. By doing so, the community can insure erosion control and protect scenic linear recreation areas. To achieve this end, the applicant is preparing to dedicate the west slope to -the City for passive recreation purposes. The following constraints have been placed upon the property by the City of Chanhassen: 1. Existing Zoning P3 Planned Community Development District (Ord. Ref. 47 Sect.(6). City Plan Objectives: a) Transportation: To up -grade STH 5 and STH 101 to expressway and major thoroughfare standards respectively; to construct a detached frontage road along the south side of up -graded STH 5 and to construct a diamond interchange between STH 5 and STH 101. b) Land Use: The northern one-half of the property under con- sideration is intended to assume an industrial identity while the remaining portion is to be some type of multiple family residential. W Concept Plan Proposals as suggested by the applicant: 1. Transportation: The concept plan which follows incorporated the City's objectives to up -grade STH 51 STH 101 and facilitate east -crest movement and local access along the south side of STH 5. Area for a diamond interchange between STHs 5 and 101 has also been accommodated. Land Use allocation expressed in acres: TABLE 2 as i n .'acres Land Use Assignment 10 " 0f Plot 3.70 P- 3 Res-i denti al 63 .0 8.90 P-3 Commercial 12.9z 8.21 Future R/1W 11.9: 5.13 Frontage Road 7.4; 2.17 Dedicated Park 3.1% 1.20 Wet Pond I .?% 69.31 Total 100.0% Land Uses a) A Village Center is proposed to be developed as retail commercial, office and service uses on 8.9+ acres. All facilities would be developed around a commor area, with convenient walking access to every facility. Orientation would be toward the common open pedestrian area, with vehicular access and parking located between the main structure and STH 5. The leading tenant of the Village Center could be a grocery store orjunior department store. In addition, the center could have a Florist, radio and T.V. repairs, a►°d similar uses. A movie theater and restaurant could also be included. In order to make this truly a Village Center, it may also be advisable to include offices for doctors and other professional men. b) Residential structures consisting of garden apartments and single family attached housing is anticipated to be devel- oped in that area designated P-3 residential. All structures would be oriented toward the green t.,jay system or Village Center. Parking along the frontage road would be prohibited. c) Park Land: 2.17+ acres of land located adjacent to Chan- hassen Estates and west of the drainageway is proposed to be dedicated to the City as a passive recreation area. d) Private Doad.�rays (not shown) shall conform to the minimum design statdards as developed by the City Engineer. e) Drainage: All storm drainage plans shall be approved by kh the appropriate governmental agancies. -3- U� ter, 7610 LAREDO DRIVE • P. O. BOX 147 a CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 May 16, 1974 Mr. Ken Beiersdorf Van Sanco Suite 575 Southgate Office Plaza Minneapolis, MN 55437 SUBJECT: Your property zoned for Planned Development. Dear Mr. Beiersdorf: The Planning Commission has scheduled you to appear at their meeting on May 22, 1974. The Zoning Ordinance No. 47 adopted by the City of Chanhassen Subsection 14.07 Annual Review: 1. Planning Commission Review. The Planning Commission shall review all Planned Unit Development Districts at least once each year and submit a report to the City Council on the status of.development. 2. City Council'Action: If the City Council finds that development has not occurred within a reasonable time after approval of the final development plan, the City Council may, instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. This review by the Planning commission is very important so that the City can coordinate Planned Development's with the other necessary City requirements, such as utilities, streets, traffic problems, schools, etc. Sincerely yours, 9 Lloyd G. Schnelle Clerk -Administrator CUSBASSIN 7610 LAREDO DRIVE 9 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 April 19, 1974 Mr. Ken Beiersdorf Van Sanco 501 West 78th Street Minneapolis, Minnesota SUBJECT: Your property zoned for Planned Development. Dear Mr. Beiersdorf: The -.Planning Commission has scheduled you to appear at their meeting on , r4a44, at -9=� -pm. The Zoning Ordinance No. 47 adopted by the City of Chanhassen Subsection 14.07 Annual Review: 1, Planning Commission Review. The Planning Commission shall review all Planned Unit Development Districts at least once each year and -submit a report to the City Council on the status of development. 2. City Council Action: if the City Council finds that development has not occurred within a reasonable time after approval of the final development plan, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. This review by the Planning Commission is very important so that the City can coordinate Planned Development's with the other necessary City requirements, such as utilities, streets, traffic problems, schools, etc. Sinc elypyo .rs, Ef oy4�)CIn e l e Cie -Administrator fi F ,7 1�6:jm /"1 Planning Commission Niinuates 9 March 27 s, 1973 w3- PUD WNEW AND GABBERT: The Planning Comii,ssion discussed the progress of this PUD,, A motion was made by Jiyn Y el.ke and seconded by Arnie !Wba to inform the Council t1aat no action has been takexa on the Gabbert and Gabbert PUDo Them is no charge in statue. Motion unmii.mously appvoved„ BEUPWORF., Kea Bei.ersdorf was present to discuss ideas for his propertyo A motion was made by Jim Rielka and seconded by Data Heilost that the status of the Eei.ersdorf PUD for t zz past year is than no progress has been made. The developer is actively try?aag to refcarimla.te plans for his property* Motion uuiardmously, approved. A motion. vsas made and seconded to ad joun-i. Meeting adjourned at 1.2:15 a.m. Jean Mb uwi.ssen Secretary P;.U.D.: `s''he Administrator is instructed to discus: with the Village Attorney an amendment to the Platting Ordinance 033 which will,be more compatable with the Zoning Ordinance and specifically with the P. U. D.: s and submit back to the Planning Commission at the meeting of April. 10, 1973. April 19, 1974 Mr. Ken Beiersdorf Van Sanco 501 West 78th Street Minneapolis, Minnesota SUBJECT: Your property zoned for Planned.Development. Dear Mr. Beiersdorf: The Planning Commission has scheduled you to appear at their meeting on April 24, 1974, at 9:15 p.m. The Zoning Ordinance No. 47 adopted by the City of Chanhassen Subsection 14.07 Annual Review: 1. Planning Commission Review. The Planning Commission shall review all Planned Unit Development Districts at least once.each year and submit a report to the City Council on the status of development. 2. City Council Action: If the City Council finds that development has not occurred within a reasonable time after approval of the final development plan, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. This review by the Planning Commission is very important so that the City can coordinate Planned Development's with the other necessary City requirements, such as utilities, streets, traffic problems, schools, etc. Sincerely yours, Lloyd Schnelle Clerk -Administrator LS:jm i TELEPHONE 335-5884 GRANT W. ANDERSON ATTORNEY AT LAW 1009 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 May 4, 1973 Mr. Adolph Tessness Clerk -Administrator Village of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mr. Tessness: Mr. Kenneth Beiersdorf has handed me your letter dated April 24, wherein you state that it is imperative that he appear before the Council, preferably on May 21, 1973, to discuss the action which should be taken by the Council in regard to his PUD. Thank you for calling this to our attention. I request that you place this on the Council's agenda for May 21, or at such later date as will be convenient to the Council. Mr. Beiersdorf and the writer will be present at whatever time the matter is placed on the agenda. In the meantime, if there are any new developments in regard to this matter which we should know about, will you please advise me. GWA:mn Very truly ours, Lr/.. 4 Grant W. Anderson cc: Mr. Kenneth Beiersdorf MAY 1973 or DESIGN PLANNING ASSOCIATES, INC. 4826 Chicago Avenue Soo Minneapolis, Minnesota 55417 Phone: (612) 822-2106 January 3, 1973 PLANNING REPORT oor: Planning Commission Chanhassen, Minnesota 3y: Carl R. Dale, AIP Planning Consultant Subject: Ken Beiersdorf Sketch Plan for P-3 Area on South Side of Highway No. 5 in Hennipen County. Planning Considerations 1. Several rather difficult problems must be solved or questions answered before the land owner can properly proceed to further develop a sketch plan for development of the site. 2. Such matters have been discussed in the past and rather recently at both public and private meetings with the ra'eveloper. Some decisions ►Aohich must be made are as follows: a) The desired location of the service road must be determined; the choices vary from the parallel service drive indicated on the current sketch plan and the Village Transportation Plan to the "remote" drive suggested by the Central Business District Area Plan. It is suggested here that the remote drive concept is more satisfactory from both the public and private viewpoint. b) the question of proper land use is still unresolved. At the present time, rather different land uses are suggested by the Village Plan, the P-3 Zoning District, and the Central Business District Plan. Further, the proposed sketch plan differs from all of the above. c) Legal questions are involved - What land use rights might be carried over from the previous zoning (1/3 commercial, 1/3 industrial, and 1/3 C-3); the current P-3 Zoning would not include al -I such uses nor would it permit some of the current uses proposed on the sketch plan. Should the current P-3 Zoning be strictly adhered to and include only those uses now permitted by such zoning district? * Since the P-3 Zone already exists and no development plan has been approved, what are the procedural require- ments? We assume at this time that the developer must start over just as if he were applying new for such zoning. PLANNING REPORT, Chanhassen, Minnesota January 3, 1973 Page 2 3. It is suggested that prior to further development of a general plan of development the public questions relating to legal, land use, and road plans must be deternmined in some satisfactory manner. Further, any actions of any type should be coordinated with Eden Prairie as this wi11afj'fect their planning and development also. 4. The general plan to be developed should include a larger area map showing relationship to surrounding properties and the sketch plan should include all of the property in the P-3 District if only in generalized form. '1 RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANH BUILDING MINNEAPOLIS, MINNESOTA 55402 W TELEPHONE 335-9565 December 18, 1972 Chanhassen Planning Commission Chanhassen, Minnesota 55317 Gentlemen: Re: Beiersdorf and Gabbert Planned Development Districts A request having been made that I examine the status of the Beiersdorf (P-3) and Gabbert (P-4) Planned Development Districts in light of the Zoning Ordinance, I submit herewith my report and recommendations. Past Procedural History. These areas were zoned as P-3 and P-4 Districts by adoption of the zoning map as part of the enactment of the Zoning Ordinance. This zoning was based upon what actually amounted to sketch plans for development submitted by the owners, but without approval of a prelimi- nary development plan of the type now called for under Section 14.05 (4) of the ordinance. Present Zoning Ordinance. Because of the enactment of the Zoning Ordinance, the development of these areas as P Districts will now have to be governed by the provisions of the Ordinance in all respects, _except that no rezoning will be neces- sary as this has already taken place. Chanhassen Planning Commission -2- December 18, 1972 Recommended Procedures. The owners of these tracts should be advised in writing of the enactment of the Zoning Ordinance and that this ordinance will henceforth govern every aspect of their intended development of these areas. I am of the opinion that the plans initially submitted for these tracts do not qualify as preliminary development plans as now called for under the Ordinance. Therefore, all procedural requirements of Section 14.05 , et seq, will have to be followed, including the necessity of holding a public hearing on any proposed development plan, excluding rezoning. In other words, all future development of these areas will be subject to the direct and continuing authority and control of the Planning Commission and Council as contemplated by the Ordinance. Review and Rezoning. Annual review of all P Districts by the Commission is required by Section 14.07(1) of the Ordinance. As no P District preliminary develop- ment plans have actually been approved by the Council, it would appear that any review by the Commission would be limited to consideration of whether P District Zoning should be continued for these tracts. Rezoning can be undertaken through the authority of Section 14.07(2) or 24.02. Ve trul yours Russell H. Larson Chanhassen Village Attorney RHL:b cc Council Members John Neveaux i SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS WILLIAM O. SCHOELL CARLISLE MADsON PHONE 936-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 553A Mr. Kenneth Beirsdorf Suite 575 Southgate Office Plaza Minneapolis, Minnesota 55437 Subj ect : Dear Mr. Beirsdorf: July 24, 1972 ����, +�► ��� JUL 1972 j RECEIVED VILLAGE OF -j% CHANHASSEN, 1}? r MINN. NQ;' '�1?l �t01�6� Estimated Cost of Blacktop.` a Curb and Gutter Proposed . Community Development, Chanhassen, Minnesota.. On July 21, 1972, you called and requested a cost break down for the items in the above named subject. They.are as follows: Unit Total Est. Units Cost Per Cost Unit Blacktop Streets $ Blacktop Driveways Blacktop Parking Spaces Concrete Curb and Gutter Streets and Parking Lots Concrete Driveway Entrances 78,840 79 $ 998 14,520 79 184 9,285 79 117 39,450 79 498 5,810 79 76 Total Estimated Cost $1475905 79 $1,872 Enclosed please find a sketch which shows.in colors what our estimate,is based on in plan view. The blacktop for the streets and parking lots is based on four;and one-half inches of blacktop base which can be placed soon after the.street is graded, while construction is in progress on the condominium units. The top portion one and one-half inches over this base will then be placed as a finishing coat after the curb and gutter is in and the units are complete. The driveways' -into the houses are to be poured concrete three feet past the outside of the curb. A JCHOELL & MAOSON.INC. Mr. Kenneth Beirsdorf July 24, 1972 Page 2 The driveways into the houses are to be four inches thick. We did not include any concrete curb on these drive- ways. If a curb section is desired, it could be made of blacktop approximately two inches high which could be hand placed as the driveway was paved. - If we can be of further service to you, please do not hesitate to call. Very truly yours, SCHOELL & MADSO� INC. FVLaska:dr enclosure cc: Mr. Adolph Tessness P SCH0ELL 11L MAIDSON, iNc. �. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534 Mr. Ken Beirsdorf Suite 575 Southgate Office Plaza Minneapolis; Minnesota 55437 Subject: Dear Sir: July 20, 1972 JUL 11972 <� RECEIVED VILLAGE OF C,J ti CtdANHASSEN, MINN[. V?r ln, Proposed Community.Development, Chanhassen, Minnesota. Enclosed please find a copy of a map, which you so kindly sent us,'showing our proposed location and size of mains for the above named subdivision: Also enclosed is a map which shows the area in Chanhassen which contains the trunk water and sewer mains and the Creek that will service your sewer water and storm sewer. The estimate costs are as follows: Resume of Costs for 79 Units Construc- Village tion Cost Charges Sanitary Sewer Estimated $ 61,695.00 Water Estimated 66,995.00 Storm Sewer Estimated 17,780.00 Trunk Sewer $79.00 @ $320.00 = $25,280.00 Trunk Water $79.00 @ $380".00 = 30,020.00 Sewer Hook-up $79.00 @ $ 10.00 = 790.00 Water Hook-up $79.00 @ $ 10.00 = 790.00 Total $146,470.00 $56,880.00 Cost Per Unit $1,854.00 $720.00 The east -west road you plan to place in your subdivisions, is on the approximate south line of Outlot No. 2 of Chanhassen Estates, First Addition. There exists an 8" water main on Dakota Avenue'in that subdivision. We propose that your %;,OHOELL & MAOSON, INC. Mr. Ken Beirsdorf July 20, 1972 Page 2 subdivision use that main for water. We reason that your share of building this line to the west line of your subdivision should be only one half the total cost and that the other one half, should be chargeable to the owner of the Outlot. The sanitary trunk main, located near your west line, is 21-inches in diameter and flows southward to the Chanhassen Lift Station. We plan to connect your main to this.21-inch main. The ditch shown on Drawing No. 1 drains the storm water from T. H..No.,S and from Chanhassen north of T. H..No. 5. - We plan on discharging your storm water in the ditch. It appears that the ground rises to the east and south of the proposed street running through your development, and that the final grades of the street could be made lower than the street that parallels T. H. No. 5. We also note that the map you sent us shows more development proposed east of this townhouse development. With this information in mind, we propose that the sanitary storm sewer, and water, be sized for your future use, eastward. Therefore, we used an 8-inch water main, a 12-inch sewer main, and a 30-inch storm sewer for this street and nominal 6-inch water and 8-inch water mains for this townhouse proposal. However, the total cost of these installations are all charged to these 79 units. If we can be of further service to you, please do not hesitate to call us. Very truly yours, SCHOELL & MADSONJ INC. FVLaska:be Enclosure cc: Village of Chanhassen a'PZNIENT O�y w�d -� - V (J1 16 s�1v IIIIIIII �co DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT } OCT D p�3^3O N+0FEDERAL HOUSING ADMINISTRATION r` RF—CE1VE September 30, 1970 r-, VILLAGE of C, GtiAN1-1AS5F-N1 C"s , MINN. 1r OFFICE OF THE DIRECTOR IN REPLvY R Minneapolis, Minnesota 55401 Chief Underwriter/CDG/jg Mr. Kenneth E. Beirsdorf r 6512 Navaho Trail Minneapolis, Minnesota $5435 In Res Project No. 0 2- 0 MP V- j 9 350-A 5 Chanhassen Village Dear Mr. Beirsdorf: Chanhassen, Minnesota We have reconsidered the application you submitted for an apartment project in Chanhassen. We have reviewed the data submitted by you. Ide still think the development of this site is premature. This general area, we realize, will probably be developing rapidly in the near future, and at some later date this site may be eligible for a rental development. At the present time, we think that the market would be such that to obtain a sustaining satisfactory occupancy would require a cash investment over and above that normally provided in rental projects, which would make the investment less than satisfactory. If we can be of any further assistance, feel free to contact us. Sine -rely, Joseph F f Gabler )ir?cto3/ Ice: Bob Giere r . 2 .. _ f --- --- - -- .. _ - - -- - --- - - - - - - �__- _.-_. - _ - - ------ --------- ---- --- ---. - gingold=pink - ---- ------�.���__�- -----.- -- ----- - - - - -- - -aCC --i�ectu-%G,_ 1 iD�fas.ha tnwQr = r ian apo�is, mi.nnesota-=554-02 (61 } 339=9601- 6, - 1970 -------_ _�— -- _ ---- ,MEMO ----_----=----— --_ — - -- - - TO:. Ken - Be i e rs do r f --- ----. --= --- =- - ------ - RE: CHANHASSEN APARTMENT DEVELOPMENT FROM: Benjamin A. Gingold, Jr. Report of a meeting of the Village Council Monday evening, May 4th. Benjamin Gingold and Bill Silver presented the design development drawings and renderings to the Village Council which deliberated extensively and then with the concurrence of the Village Attorney and Adolph Tesness, the Village Administrator voted to approve the design development drawings as submitted so that final working drawings and specifications based upon them could be'made and a building permit app-lied for. The conditions set forth by the Council, upon which a building permit will be granted, are as follows: 1. that the Village Engineer write a letter of approval of the engineering aspects of the design (as a matter of fact, we have been working with the Village Engineer and it is our understanding that he does approve); 2. that one garage be provided for each apartment unit, thus increasing the number of enclosed garages; 3. that the Owner, in his own name and that of the corporation in which the fee may be placed, write a letter to the Village accepting responsibility for maintenance of all open space within his property lines in perpetuity; 4. that the Owner present to the Village Council a proposed development schedule which tells the timing for construction to start for each phase as it is presently predicted (the Council realizes that changes are inevitable); 5. that the service road parallel to Highway 5, when and if it is built, will be dedicated to the Village as a public street; gingn -old Iy . - -pnk - arch IteCtU Ye 1410 foshay tower - _Minneapolis, Minnesota 55402 -339-9601 6, -_ 19 70 - - - MEMO _ — _ — -- — - - Page Two ------ - -- ---- - - ----- _ -------6.----that the Arch! tect prov i de -section- draw i ngs -for the -garages - -- - -- indicating them to be of the same, or simila__r, profile as ----- -- - - - -- ------ - the apartment buildings and architecturally integrated therewith;, 7. that all parking areas and roadways within the project be surfaced with bituminous pavement. Current Status: awaiting Owner's approval of the above described design development drawings and authorization to proceed with working drawings and specifications. BAG/t cc: Paul Pink Mike Siebenlist gin,gold-pink architect re 1410 foshay tower minneapolis, minnesota 55402 TO CHANHASSEN TOWN HALL LIEUTEM 'V MZaRZEDUU[ DATE JOB NO. 4-20-70 69-I _ ATTENTION Adolph Tessness RE: PROSP. MULTI -FAMILY DEVELOPMENT FOR MR. KEN BEIRSDORF CHANHASSEN, MINNESOTA CHANHASSEN, MINNESOTA GENTLEMEN: WE ARE SENDING YOU M Attached ❑ Under separate cover via handrJeI iyprari the following items: ❑ Shop drawings Rk Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE No. DESCRIPTION LI i4-20-70 M-I F PROPOSED Ist. stage. site and utility deveEODmmnt THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval EkFor your use ❑ Approved as noted ❑ Submit copies for distribution Rb<As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19_ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS_ _ IF ANY ADDITIONAL INFORMATION IS NEEDED OR IF WE MAY BE OF ANY FURTURE SERVIC TO YOU PLEASE DO NOT HESITATE TO CALL, COPY TO SIGNED: Chad Behrens If enclosures are not as noted, kindly notify us at once. s kj gingold-pink , arch 1tectu re 1410 foshay tower TO WHOM IT MAY CONCERN: minnoapolis, minnesota 55402 The Owner and Developer of the property does hereby promise to reserve and maintain open space, in accordance with the Village policies. Be it further agreed that all streets and walkways within the Owner's property shall hereby be built and maintained by the Owner according to Village policies and specification. Signature WS/skj (612) 339-.9601 March 17, 1970 Mr. Russell H. Larson Attorney At Law 1900 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Larson: *4 Sorry for the delay but I completely overlooked this payment. Would you clarify what specifically this was for as you made this out to the Beiers Company. The Beiers Company owned and has now sold the land on the north side of Highway #¢5 which is the planned industrial park. The land on the south side is owned in my name only. Sincerely, Kenneth E. Beiersdorf 6512 Navaho Trail Edina, Minn. 55435 KEB / dce 1410 foshay tower . minneapolis, minnesota 55402 (612) 339-9601 February 23, 1970 MEMO TO: Office Files RE: CHANHASS APARTMENT EVELOPMENT FROM: Benjami A. Gin o d, Jr. Mr. Ken Beiersdorf had a meeting with Benjamin A. Gingold,to discuss further architectural services for a proposed development. He is now thinking in terms which are more concrete with respect to. Village requirements, Highway Department taking, topography, mortgage financing, and construction costs. Therefore, he will require a new site plan modifying the original design to show initial construction of tug 35-unit buildings without balconies —(bu ith.a somewhat more impressive en rance lobby), and an outdoor pool and cabana. These buildings should be sited so as to provide for two alternative future possibilities. This would entail moving the site of the first two apartment buildings eastward from what was originally contemplated sufficiently to allow for these future alternatives: The addition of one more 35-unit building and some town- houses, or the addition of a ring of townhouses around the two 35-unit buildings. Gara es ould erha s be used -. a buffer between t ildin s and the i a (which is expected to take more than,200' of dep�h out of the site) or in some manner coordinated with the topography to _ minimize the appearance of the garages. All of the above will have to be shown on a site plan encompassing the entire acreage (for which Mr. Beiersdorf handed us a topographical survey and a boundary line survey) in order to gain the approval of the Village of Chanhassen for a Planned Unit Development. In this Planned Unit Development, Mr. Beiersdorf wants to consider commercial uses in the future: I. A restaurant adjacent to the highway frontage near the center of the acreage. n � 1410 foshay tower minneapolis, minnesota 55402 (612) 339-9601 February 23, 1970 MEMO Page two 2. A shopping center, perhaps located south of the restaurant. 3. A mid -rise or hi -rise intermediate care, or housing for the elderly, building. The east one-third of the site would probably now be shown as additional .M i-fami y residential rather than the industrial use origin-a-rry--contempIated for it. The architectural effect Mr. Beiersdorf desires is that of contemporary stucco buildings with sturdy wood trim appearance not unlike a contemporary version of North European half-timber. Pitched roofs rather than mansard are desired. Regarding -he apartment unit plan, area is to remain approximately the same although plan may change owing to elimination of the balcony; broom closets are to be provided at kitchens, kitchens are to be turned 90-degrees to provide an eating bar accessible from the dining area; in the garages, a storage area over the hood of each car is to be shown. We are to consider compactors rather than incinerators. We are to prepare for Mr. Beiersdorf's use in approximately three weeks, whatever is required for the following: I. Mortgage Commitment. (We are to determine from Mr. Bob Urahn z!+ Ml rlW-ct Federa I what ho ra u i rem 1 2. Rezoning. III �3. Preliminary rice b j YP Y a contractor. The site plan must be ready for presentation at a Planning Commission meeting the evening of March 10. We should check all previous memos for parameters tvliich still apply to the design. BAG/t cc: Ken Beiersdorf Paul Pink Bill Silver January15, 1970 Mr. Adolph Tessness Village Administrator Chanhassen, Minnesota Dear Mr. Tessness; My plans for the land I own on the south side of #5 include a phased multiple complex with limited commercial develop- ment. It is my intent to develop the multiple on the western portion of the land first, and as the needs for commercial grow, to develop that. I feel that a restaurant to serve the general trade area besides transit traffic will support both liquor and food. I would like to have my plans considered by the Village for any future alloted liquor licenses. Sincerely, Kenneth E. Beiersdorf SCHOELL & MAOSON, irjc. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343 September 16, 1969 Mr. Adolph Tessness, Clerk -Administrator Village of Chanhassen Village Hall Chanhassen, Minn. 55317 Subject: Sanitary Sewer and Water for Beiersdorf Development Dear Mr. Tessness: In response to your request, we believe the following provisions con- form with Village policy as to the extension of sanitary sewer and water to Mr. Beiersdorf's development area: 1. A sanitary sewer trunk and a water trunk line will be built to the limits of Mr. Beiersdorf's property by the Village, with the cost subsidized by the Village trunk fund, to which Mr. Beiersdorf will pay at the rate of $250 per unit for each utility. One residential unit in a multiple housing development counts as three -fourths of a unit for this service charge com- putation, and commercial and industrial development structures must be judged as to the number of units in accordance with their use. 2. All costs of extending the water and sanitary sewer within Mr. Beiersdorf's tract to the individual buildings will be at his sole expense. I presume that if there are to be any public roadways within his tract, the Village Council will consider putting in sewer and water on a development contract, with a short-term assessment, but you would know about this better than I. We will be glad to go over this in more detail as soon as Mr. Beiers- dorf submits a definite development plan. The comments relate to the tract south of Highway 5, but are equally applicable to the tract on the north side of the highway. Very truly yours, SC:OELL & MADSON, INC. WDSchoell:sd cc: Mr. Russell H. Larson, Village Attorney ex cc September 5, 1969 Mr. Adolph Tessness Village Administrator Chanhassen, Minnesota Dear Adolph: When I wrote to you this week about specific costs, I forgot to ask about an estimate on real estate taxes. Would the fact that it is to be a combination of apartment units and town houses affect the tax? Again, I am just interested in a reasonable ball park estimate. Thank you for your interest in this matter. Sincerely, Ken Beiersdorf 6512 Navaho Trail Edina, MN 55435 KEB/dce September 3, 1969 Mr. Adolph Tessness Village Administrator Chanhassen, Minnesota Dear Adolph; In order for me to complete my development costs, it is important that I have the following information - 1. Cost to bring sewer and water main up to my property line. 2. Cost per lineal foot to bring these services into the area. 3. Cost for hook-up and how this is determined. (Is there a charge per unit?) I would appreciate hearing from you on this. Sincerely, 1<1/ Kenneth �teiersdorf 6512 Navaho Trail Edina, MN 55435 S Y ," n7 � 7ri !� it e! Lid �.:✓ o'�r .:.] Minneapolis / Los Angeles ',SUITE 1000/ SECURITY- FIRST NATL. BANK BLDG./C777 HOLLYWOOD SLVD./HOLLYWOOD. CALIF. 90023 (213) 466 1410 Foshay Tower, Minneapolis, Minnesota 55402 33979601 June 10, 1969 MEMO RE: CHANHASSEN APARTMENT COMPLEX TO: Benjamin Gingold, Jr. FROM: Dennis Odin Johnson Upon reviewing the current apartment building drawing for this project the following items should be brought to your attention: Harvey figured the square.feet between stairways to be 35,400 (3 floors). The maximum total allowable under U.B.C. Code is 36,866 -'but this requires the property to be in the equivalent of a fire zone 3 and to be a minimum of 40' from other buildings and property lines. In previous phone conversations with the building inspector, I learned that the village has not set up fire zones but does plan to do so later this year. If this project is not in a fire zone 3, the allowable area between firewalls would be 27,65.0. The fire area should be verified with the village before working drawings are started. Because the Village of Chanhassen is in approximately the same developmental stage -as Inver Grove Heights, l would alsb suggesT a review of 'the plan check list on Lakebridge West as this project represents Inver Grove Heights first large apartment project. DOJ : k', h cc: Lee Lindberg Ken Beiersdorf Paul Pink Harold Olsen Hary Rothman Tom Nichols RussEz,L H. LARsbiv ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 24, 1969 Village Council Village of Chanhassen Chanhassen, Minnesota 55317 Re: Beiersdorf - Kerber Rezoning of Part of NW Quarter of Section 18, Township 116, Range 22 Gentlemen: TELEPHONE 335-9565 Please be advised that in connection with the application of Beiersdorf - Kerber et al for the rezoning of the East 2 , 453 feet of the North Half of the Northwest Quarter of Section 18, Township 116, Range 22, Hennepin County, I have made an examination of the abstract of title to a portion of said premises as said abstract was last certified to by Title Insurance Co. of Minnesota on December 17, 1968, at 7 a.m. The premises covered by my examination are more fully described on page 2 of this opinion. The portion excepted from this opinion is a tract of land 180' x 317' apparently owned by Henry A. Kerber and Kathleen Wood Kerber, husband and wife, as joint tenants. An abstract of title covering the ex- cepted portion was not furnished me for examination. Based upon the examination of the abstract as furnished to me, I have concluded that the premises involved herein were owned as of that date in fee simple by Charles E. Kerber, who is married to Irene Kerber, also known as Irene Ida Kerber. My examination of said abstract does not disclose the nature of the interest in this property owned by Kenneth E. Beiersdorf. For our purposes it does not seem material for us to determine the exact nature of the interest held by Village Council -2- January 24, 1969 Mr. Beiersdorf as he has joined in the petition for rezoning and has entered into the contract with the Village concerning the same. Further, it does not appear necessary at this time that an examination be made of the title to the excepted portion owned by Henry A. Kerber and Kathleen Wood Kerber. VeryAruly,you s n usselI H. Larson Chanhassen Village Attorney RHL: b cc Eugene A. Coulter, Mayor K. Maxfield Otto DESCRIPTION OF PREMISES COVERED BY OPINION North 1/2 of the Northwest 1/4 of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, EXCEPT that part described as follows: Beginning at a point in the North line of said Section 18, Town- ship 116, Range 22, 1249.34 feet East from the Northwest corner of said Section 18; thence East along the said North line of Section 18, 180 feet; thence South and parallel to the West line of said Section 18, 317 feet; thence West 180 feet; thence North 317 feet to point of beginning, EXCEPT that part lying and being within the right of way of State Highway No. 5. RUSSELE H. LARSON .ATTORNEY AT LAW 1900 FIRST NATIONAL BAN% BUILDING MINNEAPOLIS, MINNESOTA 55402 January 21, 1969 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Dear Adolph: Re: Beiersdorf-Kerber rezoning TELEPHONE 335-9565 On January 9th I furnished you with the original and one copy of proposed Ordinance 26-B relating to the rezoning of the above properties. I under- stand now that the ordinance has been published; and, therefore, I would like to have you furnish me as soon as possible with two photocopies of the ordinance bearing the signature of the Mayor and Clerk, and also furnish me with two newspaper clippings of the ordinance as published. It is necessary that a certified copy of the ordinance be filed in the office of the Register of Deeds of Hennepin County, and in this connection I have attached herewith three copies of a certificate to be executed by you with all copies to be returned to me. Please note that the Village seal should be placed on the certificate. Also furnish me with three executed copies of the contract between the Village, Mr. Beiersdorf and the. Kerbers. These copies will be delivered to the attorney for Mr. Beiersdorf. Very uuly urs , 11�ussell H. Larson RHL: b Enclosures RITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 9, 1969 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Dear Adolph: Attached you will find the original and one copy of the proposed ordinance 26-B relating to the rezoning of the Beiersdorf -Kerber properties. Please arrange to have the ordinance dated, signed and published, and when this is done furnish me with three newspaper clippings of the ordinance as published so that I may prepare the necessary certification for filing with the Register of Deeds. Also attached please find the original and four copies of the contract between the Village and the petitioners relating to this rezoning. All copies must be signed by the Mayor and yourself whereupon three copies should be returned to me for delivery to the petitioners. Very tri-Ily yours Russell H. Larson Chanhassen Village Attorney RH L: b TELEPHONE 335-9565 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA AGREEMENT THIS AGREEMENT, Made this 16th day of December 19 68 between the VILLAGE OF CHANHASSEN, a Minnesota municipal corporation, here- inafter referred to as the "Village"; and CHARLES E. KERBER and IRENE I. KERBER, his wife, WALTER M. KERBER and PATRICIA KERBER, his wife, HENRY A KERBER and KATHLEEN KERBER, his wife, ands Kenneth E. BeiersdorfXYA= m-jdxx¢mlcxmxkxx, hereinafter collectively referred to as "Petitioners"; WITNESSETH, WHEREAS, Petitioners have submitted a petition to the Village Council for the rezoning of the North Half of the Northwest Quarter of Section 18, Town- ship 116, Range 22, Hennepin County, Minnesota, as follows: 1. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as de- fined in Chanhassen Township Ordinance No. 1 as amended: The West 700 feet of the North Half of the North- west Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, consisting of 21.2 acres, more or less. 2. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: The East 525 feet of the West 1,225 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minne- sota, consisting of 15.9 acres, more or less. 3. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a PLANNED INDUSTRIAL DISTRICT as defined in Chanhassen Village Ordinance No. 26: That part of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, which lies East of the West 1,225 feet thereof, consisting of 3 7. 2 acre s , more or le s s;. and WHEREAS, Petitioners have been advised by the Village Council that the classifications of RESIDENCE DISTRICT "C" and BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended, said ordinance presently governing land usage and zoning within the Village, are inadequate to properly regulate and control land usage within the Village, and are deficient in the establishment of standards for the development of the Village; and WHEREAS, the Village Council has informed petitioners that a comprehensive zoning plan and ordinance are presently being considered and that a revised zoning ordinance will be enacted within the reasonable future; and that said pro- posed zoning ordinance will establish substantially higher standards, more stringent controls and more comprehensive regulations governing land usage within the Village than presently exists under existing ordinances; and WHEREAS, petitioners acknowledge that they have been fully apprised of the foregoing facts, and further acknowledge that the enactment of said proposed zoning ordinance will enure to their benefit as it relates to the aforedescribed tracts of land, and petitioners are desirous that the proposed standards, regu- lations and controls be enacted by the Village Council. -2- L NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants of the parties as hereinafter set forth, it is hereby agreed: 1. In the event the Village Council enacts the proposed zoning ordinance and thereby establishes higher standards, more stringent controls and more comprehensive regulations, petitioners agree that the uses to which the foregoing tracts of land may be put shall be in strict accordance with all such zoning and land use ordinances as may hereafter be enacted by the Village. 2. Petitioners agree that the Village may prohibit the issuance of building permits for construction on the foregoing tracts of land for uses under the existing RESIDENCE DISTRICT "C" and BUSINESS DISTRICT classifications of Chanhassen Township Ordinance No. 1 as amended in the event petitioners' rezoning petition is granted. 3. The Village Council shall uadei-Lake to presently rezone the foregoing tracts in accordance with the terms of this agreement; and that upon enactment of the proposed zoning ordinance, the Village Council, in its discretion, may again rezone said tracts of land to such land use classification as it may deem appropriate under said proposed zoning ordinance. 4. That this agreement shall be binding upon the parties hereto, their heirs, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year hereinabove written. CHARLES E. KERBER IRENE I. KERBER WALTER M. KERBER PATRICIA KERBER -3- vL�tr HENRY -'A. KERBER L, r 71 K-c KATHLEEN KERBER Kenneth E. beiersdorf VILLAGE OF CHANHASSEN By Mayor ATTEST: Clerk VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING NOTICE IS HEREBY GIVEN That the L1� C��-+ of the Village of Chanhassen, Minnesota, will meet on the TN _ %1:f day of ���1968, at o'clock P.M,, at the Village Hall in said Village for the purpose of holding a public hearing on proposed rezoning in the Village as follows: 1 . To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance N l as amended• 1 V V, i J The West 700 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, con- sisting of 21.2 acres, more or less. 2. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a BUSINESS DISTRICT as defined in Chanhassen Township Ordinance No. 1 as amended: The East 525 feet of the West 1. 225 feet of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, consisting of 15.9 acres more or less . 3. To rezone the following described tract of land from a FARM RESIDENCE DISTRICT to a PLANNED INDUSTRIAL DISTRICT as defined in Chanhassen Village Ordinance No. 26: That part of the North Half of the Northwest Quarter of Section 18, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, which lies East of the West 1,225 feet thereof, consisting of 37.2 acres, more or less. All persons interested may appear and be heard at said time and place. Dated: / /Vp1/ 1968. BY ORDER OF THE VILLAGE COUNCIL Vi age Clerk (1) Insert either Village Council or Village Planning Commission, as may be directed by the Council. l .<::;,�. 7,�-= Qo- R.ITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 December 10, 1968 Mr. Adolph Tessness Clerk -Administrator Village of Chanhassen Box 147 Chanhassen, Minnesota Re: Beiers Company Dear Adolph: Attached please find draft of proposed agreement concerning rezoning of the so-called Beiers property. Please send copies to all members of the Council in advance of the hearing on December 16th. Very �jruly yours , %R.ussell H. Larson Chanhassen Village Attorney RHL:b Enclosure TELEPHONE 335-0565 JOSEPH C. VESELY K. MAXFIELD OTTO JERRE A. MILLER VESELY, OTTO AND MILLER LAWYERS November 26, 1968 Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Attention: Mr. Adolph Tessness Dear Adolph: 112 CRESTLAND BUILDING 32 - TENTH AVE. SO. HOPKINS, MINNESOTA 55343 938-7636 Re: Beiersdorf - Kerber Rezoning Enclosed herewith find the Petition for Rezoning signed by Charles E. Kerber and his wife as owners and Kenneth E. Beiersdorf as purchaser requesting the rezoning of the Kerber farm off the South side of Highway # 5 in accordance with the talks we have had and the preliminary plat we submitted to the Council recently. I am also enclosing for your file a copy of the preliminary plat as it is divided into the respective areas for rezoning. I sent a copy of the plat and descriptions to Russell Larson, the attorney for the Village, last week so I trust that arrangements have been made for publication of our hearing upon the proposed rezoning so as to provide for the public hearing on December 16. Again thanking you for all the cooperation extended to us in this matter, I am Yours very truly, n a4 oZ C7 . VESELY, OTTO and MILLER K. Maxfield Otto KMO/ljo Enclosures RITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335 -9505 November 21, 1968 Mr. Adolph Tessness Village Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Re: Beiers Rezoning Dear Adolph: Attached please find the form of Notice of Hearing which is to be used in the proposed Beiers rezoning of part of the Northwest Quarter of Section 18, all as more fully described on the notice. As this procedure is being undertaken by authority of the Township Ordinance No, 1, the provisions of Section .05 of Amendment 8 of that ordinance must be followed, in addition to the statutory require- ment that the notice be published in the official village newspaper at least 10 days prior to the day of hearing. HItMC OF TF+C Please note that the hearing body, either Council or Planning Commission, must be inserted at (1) in the notice. This form of notice is to be used in the Frontier rezoning application, and care must betaken to accurately describe the land involved and the specific rezoning requested. TVe truly rs , Russell H. Larson Chanhassen Village Attorney RHL: b Enclosure cc Eugene A. Coulter JOSEPH C. VESELY K. MAXFIELD OTTO JERRE A. MILLER 'ESELY, OTTO AND MILLER LAWYERS September 179 1968 The Honorable Mayor and Councilmen of the Village of Chanhassen Chanhassen, Minnesota Re: Beiers Company Planned Industrial Park Gentlemen: 112 CRESTLAND BUILDING 32 - TENTH AVE. SO. HOPKINS, MINNESOTA 55343 938-7636 In behalf of the Beiers Company, I wish to here- with petition your Honorable Body to extend sanitary sewer trunk line and water from the closest available point to the Beiers Company Planned Industrial Park. It seems doubtful that the contract could be let and the work completed yet this fall, however, we are making the petition at this time hoping that all arrange- ments can be made so that the work might be completed in the Spring of 1969. Y urs very MAXF I Attorne MVIO/1 j o �y OTTO' r Beiers Company JOSEPH C. VESELY K. MAXFIELD OTTO JERRE A. MILLER Village of Chanhassen Minnesota VESELY, OTTO AND MILLER LAWYERS Chanhassen September 6, 1968 Attention: Adolph Tessness Re: Kenneth Beiersdorf Dear Mr. Tessness: 112 CRESTLAND BUILDING 32 • TENTH AVE. SO. HOPKINS, MINNESOTA 55343 938-7636 I am enclosing herewith a rough draft showing the planned usage which Ken Beiersdorf has for the approx- imate 70 acres of land which he is buying from Charles Kerber, South of State Highway No. 5 and almost directly across the highway from the Beiers Industrial Park. You will note that he plans for apartments and possibly a highrise apartment along the West side of the property, a restaurant near the site of the two residences presently on the property with Commercial Zoning or some- thing comparable on the back of the property which would permit office buildings, and Industrial Zoning - possibly another industrial park on the East 20 to 30 acres. This plan more or less follows our discussions at lunch several weeks ago, but we were merely offering it at this time so that you would have it available to you in your working out of your zoning plan for this area and for the entire Village. By the way, I have not heard from you since our lunch; I am sure that matters such as vaca- tions, in my 'ease, and other such interruptions have caused delays, but I would like to hear from you with regard to the progress upon the zoning ordinance. If either myself or Ken Beiersdorf can be of any service to you, please do not hesitate to contact us. Yours very truly, K . 1 c� � ' VESELY, OTTO and MILLER K. IUIaxfield Otto KMO/ljo enc. R.USSELL H. LAHSON ATTORNEY AT LAW 1000 FIRST NATIONAL BAN% BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 July 12, 1968 Village Council Village of Chanhassen Chanhassen, Minnesota Re: That part of the Southwest 1/4 of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying Southerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, except the west 628.05 feet thereof. Gentlemen: Please be advised that in connection with the application of the Beiers Company for the rezoning of the above described land to a planned industrial district as defined in Ordinance No. 26, I have made an examination of the abstract of title to said premises as said abstract was last certified by North Star Abstract & Title Guaranty, Inc. , on July 3, 1968, at 7 o'clock a.m. Based upon such examination, I have concluded that the premises involved herein were owned as of that date by the Beiers Company, a limited partnership, and Charles E. Kerber and Irene Ida Kerber. I have not attempted nor is it material for our purposes to determine the exact nature of the title held by these parties, suffice to say that a portion of the above described land is owned in fee simple by the Beiers Company and that the remaining portion is owned in fee simple by Charles E. Kerber and Irene Ida Kerber subject to a contract for deed in favor of the Beiers Company as vendee. Also in connection with this matter, I wish to confirm that the rezoning application of the Beiers Company has been consented to in writing by Mr. and Mrs. Kerber, which consent is on file with the Village Clerk - Administrator. Village Council -2- July 12, 1968 Further, I have examined the covenants, restrictions, controls and design standards executed by the Beiers Company and Mr. and Mrs. Kerber on July 5, 1968, and I conclude that for Village purposes said covenants, restrictions, controls and design standards are acceptable and do not conflict with any of the provisions of the pertinent ordi- nances of the Village. An executed copy of said restrictions is attached hereto for inclusion in hP Village files. Very truly 4 r (' ussell H. Larson Chanhassen Village Attorney RH L: b Enclosure c PLANNING COMMISSION MEETING JULY 2, 1968 On July 2, 1968, at 8:00 p.m. a meeting of the Planning Commission was held. The following members were present: Tom Hodgson, Harry ` Piiuly, Rich Lyman, Al Barnacle, Anne Neils, Nick Waritz, and John Neveaux. Dean Scheff was absent. REZONING BEIERS COMPANY PROPERTY: Mr. Carl Madson and Mr. Bruce Kelly of Schoell and Madson, Mr. Max Otto, Attorney, Mr. Sid Hartman and Mr. Ken Beiersdorf of the Beiers Company, and Mr. Russell Larson, Village Attorney, were present. Attorney Otto presented a letter from Mr. and Mrs. Charles Kerber, fee title holders to a portion of this land, consenting to petition for rezoning and to the proposed Covenants and Restrictions to the use of the land. Attorney Larson recommended that the letter of consent by the Charles Kerbers be made a part of the Village files. Attorney Otto will have the abstract brought up to date and Attorney Larson will check it as soon as it is recorded. The Covenants and Restrictions are identical in substance to Ordinance #26 except Lot Area is changed to 22 acres instead of 2 acres. The Covenants and Restrictions will be signed by -the Kerbers and Beiers Company representatives. Attorney Larson reviewed the Covenants and Restrictions and stated in his opinion these be accepted when they are completed. Development of approximately 25 acres will start immediately upon approval of the rezoning. Mr. Carl Madson submitted maps showing proposed road, lotting, topography, drainage, sewer lift station, sanitary sewers and watermains. He stated a sewer lift station would be needed on the east end of this property. The water line would connect to the Village line. Storm sewer - indicated drainage and how road and storm sewer would carry water to the northeast. WHEREAS, the Planning Commission received the Beiers Company's application for rezoning of a 62 acre tract to Planned Industrial District: That part of the Southwest Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying southerly of the right-of-way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad, except the west 628.05 feet thereof, and, the Beiers Company has supplied all of the information asked for in Ordinance #26, and Mr. Larson will supply a legal opinion. showing fee ownership; therefore, based on the information received we recommend that a 18 acre variance be granted from the provisions of Ordinance #26 and that the 62 acre tract be rezoned to Planned Industrial District. The foregoing motion was made by Tom Hodgson and seconded by Harry Pauly. Unanimously approved. The information is on file in the Village office for anyone interested. A report will be prepared and submitted to the Council members by Friday. - PLANNING COMMISSION .MEETING JULY 2, 1968 Page 2 A motion was made by Al Barnacle and seconded by Anne Neils to accept the minutes of the June 25, 1968, meeting. Motion carried. JOE FROEHLING - HOUSE MOVE: Mr. Froehling explained that his land in Excelsior has been rezoned multiple dwelling and wants to move his 4 year old house onto Lot 3, Block 4, Pleasant Acres. Mrs. Les Anderson has looked at his house and approved it. Mr. Froehling has also talked with Mr. Decker, a neighbor in Pleasant Acres, and he has approved moving the house in. The Planning Commission asked Mr. Froehling to submit letters of approval from Mr. Decker and Mrs. Anderson. Meeting adjourned at 10:15 P.M. Jean Meuwissen Secretary . : _7 r PLANNING COMMISSION JUNE 25, 1968 On June 25, 1968, at 8:00 P.M. a meeting of the Planning Commission was held. The following members were present: John Neveaux, Tom Hodgson, Nick Waritz, Rich Lyman, Dean Scheff,'Anne Neils, and Al Barnacle. Harry Pauly was absent. REZONING BEIERS COMPANY PROPERTY: Mr. Don Lyman and Mr. Reed Maurer_, owners of Don -Reed Properties, located adjacent to Beiers Company property, were present as interested property owners. Mr. Ken Beiersdorf, owner of the 60 acres to be rezoned to Planned Industrial District, presented his application. Section 5. Subsection (a) Application. A written application from the Beiers Company was read asking for rezoning to Planned Industrial District. This letter complies with Subsection (a) in full. Section 5. Subsection (b)(1). A survey was submitted. This complies with Subsection (b) (1) in full. Section 5. Subsection (b)(2). A land use plan was submitted. P (2)(a). The lanning Commission reminded Mr. Beiersdorf that the State Highway Department would possibly be acquiring additional right-of-way for Highway #5 for the future expansion that is being proposed in the near future by the Highway Department. (2)(b). The Planning Commission instructed Mr. Beiersdorf to indicate that the proposed streets would be built to a nine ton specifications. The basic land use presented complies with Subsection (b)(2). Section 5. Subsection (b)(3). A plan was submitted by Flatebo Engineering showing extension of water and sanitary sewer lines from existing Village lines also a letter explaining the proposed way that assessment would be made for this project. Storm drainage facilities and overall site grading plan with arrows indicating direction of surface drainage were discussed and Mr. Beiersdorf will present this information to the Planning Commission prior to the July 2nd meeting. With this additional material this Subsection will be complied with in full. Section 5. Subsection (b)(4). This was discussed by Mr. Beiersdorf. He will draw up protective covenants comparable to the Planned Industrial District Ordinance #26, dated April 15, 1968, which will insure him or future tenants that the Planned Industrial District Ordinance will not be amended and allow an undesirable tenant in this industrial park. With this additional material this Subsection will comply in full. Section 5. Subsection (b)(5). This will be presented to the Planning Commission on July 2nd. With this material this Subsection will comply in full. Section 5. Subsection (b)(6). Development will start immediately upon approval of the rezoning. The Planning Commission would like Mr. -Beiersdorf to present a letter stating his contemplated schedule for development. With this additional material this Subsection will comply in full. Section 5. Subsection (b)(7). This information was submitted from the Village Engineer. This complies in full. Planning Commission minutes June 25, 1968 Page 2 A motion was made by Dean Scheff and seconded by John Neveaux to recommend the Council grant a 20 acre variance to the Beiers Company under Section 4 of the Planned Industrial District Ordinance #26. This tract is 60 acres. This is the only variance asked for by the applicant. Motion carried. Dean Scheff and Nick Waritz are to draw up a report from the Planning Commission to be submitted to the Council prior to the hearing on July 8. At this point Rich Lyman left the meeting and Al Barnacle was acting Chairman. PROCEDURE FORMS: Procedure blanks from the Village of Plymouth regarding rezoning procedure, preliminary platting procedure, final plat procedure, and application for variance procedure were presented and discussed by Mr. Robert Scholer. A motion was made by John Neveaux and seconded by Anne Neils that the Administrator make copies of these forms and other Village forms and send to all members of the Planning Commission. Motion carried. The Village Administrator will submit his recommendations at the next Planning Commission meeting. ANTIQUE SHOP ON HIGHWAY #41: A motion was made by Anne Neils and seconded by John Neveaux to recommend the Council grant a Non -Conforming Use Permit on a yearly basis. The following votes were cast: Anne Neils, John Neveaux, Nick Waritz, Al Barnacle, and Dean Scheff - yes. Tom Hodgson - no. Motion carried. NELS HANSON MOVED IN HOUSE: A report was given regarding this house. Mr. Hanson has given the Village a certified check for $4,000.00. The Building Inspector has inspected the house and feels that the house does meet the Village Building Code in all construction details. It is the suggestion of the Administrator that some study be made that a bond or certified check be presented before final approval for a house to be moved into the Village of Chanhassen to insure that final construction and completion as per application would be' complied with. The Administrator will present a rough draft at the next meeting. Meeting adjourned 12-:00 Jean Meuwissen Secretary STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS ST. PAUL, MINN. 55101 July 19, 1968 Mr. Adolph Tessness Clerk -administrator Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 In reply refer to: 330 S.F. 2701 (T.H. 5) Plat Review for Beiers Company Planned Industrial Park in Chanhassen Hennepin County Dear Mr. Tessness: JUL RECEIVED VILLAGE OF CHANHASSEN, Cu� 1)_ MINN. In accordance with the provisions of Chapter 580-Minnesota .Laws 1967, the proposed plat for 'Beiers Company Planned Industrial Park" in Chanhassen has been reviewed. Our District Engineer's office at Golden Valley is presently engaged in preparing a preliminary layout for study purposes of a four lane divided roadway for T.H. No. 5 in that area. It is proposed that the second roadway would be parallel to and north of the existing roadway and would require a minimum of 150 feet of additional right of way. This would place the proposed west 78th Street within the right of way for Trunk Highway 5. We understand the developer proposes to use the existing entrance to the site until such time as development of the property requires additional access. ,access at present is not restricted. Our recommendation concerning drainage is that the drainage from Vats 7, 8 and 9 of Block 1 be directed easterly to an adjacent low area so as not to affect the capacity of the pipes inplace under Trunk Highway 5. It is suggested that the developer,or his representative contact our District Engineer, Mr. C.S. Burriil at 2055 Lilac Drive, Golden Valley, telephone 545-3761 to discuss further the comments referred to above. Assuming the developer and our District Engineer arrive at a mutual agreement and understanding regarding the foregoing comments, the plat is acceptable to this Department. Your cooperation is appreciated. Sincere],y, N. T. Waldor Commissiober Vitlage o f Cltartria.4.4en Box 147 Ckankaaaen, ✓uinnejota 55317 &Iepltone: 474-5OW8 8 8 5 NOTICE OF PUBLIC HEARING To Whom it may Concern: Notice is hereby given: that a request has been received by the Village of Chanhassen, Minnesota, to have the use district of the hereinafter described lands changed from residential to a planned industrial district, to wit: That part of the Southwest Quarter (SW14-) of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying southerly of the right of way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company, except the west 628.05 feet thereof. That a Public Hearing will be held on said request, in the Village Hall in Chanhassen, Minnesota, on Monday evening, July 8, 1968, at 7:00 P.M. That at said time and place all those persons or parties interested in being heard on said subject, will be given an opportunity to be heard. Dated at Chanhassen, Minnesota, June 17, 1968. Chanhassen Village Council By Adolph Tessness Clerk -Administrator Z7/ze la.41e.0 Crowing Suburb A Z7/ce Soutluoeit We, the undersigned, holders of the fee title to a portion of: That part of the Southwest quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota ly- ing Southerly of the right-of-way of Chicago, Milwaukee and Saint Paul railways, which property the Beiers Company has petitioned the villa;e council of the Village of Chanhassen to zone into a Planned Industrial Area; hereby consent to said Peti-:io,.b and to the proposed Covenants and Restrictions to the use of the land within said Planned Industrial Berea. Charles E. Kerber Irene Ida r.:erber VILLAGE OF CHANHASSEN, MINNESOTA NOTICE OF PUBLIC HEARING To Whom It May Concern: Notice is hereby given: that a request has been received by the Village of Chanhassen, Minnesota, to have the use district of the hereinafter described lands changed from residential to a planned industrial district, to -wits That part of the Southwest Quarter (SW D of Section 7, Township 116, Range 22, Hennepin County, Minneseta, lying south.. erly of the right of way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Conpany, except the west 628.©5 feet there- of. That a Public Hearing will be held on said request, in the Village Hall in Chanhassen, Minnesota, on Monday evening, July 8, 1968, at 700 p.m. That at said time and place all those persons or parties interested in being beard on said subject, will be given an opportunity to be heard. Dated at Chanhassen, Minnesota, June 17, 1968. Chanhassen Village C€suncil$ By Adolph Tessness, Village Clerk. (E 6/279 t68) 22-2, '6- ) �,' I FRI y VILLAGE OF CHANHASSEN, MINNESOTA NIOTICE OF PUBLIC HEARING To Whom it may concern: Notice is hereby riven: that a request has been received by the Village of Chanhassen, Minnesota, to have the use district of the hereinafter described lands changed from industrial to a planned industrial district, to wit: That part of the Southwest Quarter (SW 1/4) of Section 7, Township 116, Range 22, Hennepin County, Minnesota, lying, southerly of the right of way of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company, except the west 628.05 feet thereof. That a Public Ilearina will be held on said request, in the Village Hall in Chanhassen, Minnesota, on Monday evening, February 12, 1968, at 8:00 P.M. That at said time and place all those persons or parties interested in being heard on said subject, will be given an opportunity to be heard. Dated at Chanhassen, Minnesota, January 29, 1968. Chanhassen Village Council By Kay Klingelhutz Village Clerk T Flatebo Engineering, Inc 207 So Walker atreet Wayzata, Minn. 55391 473-4925 July 210 1967. TEL.H.- F-ELFCT PRO:OSED PiA^iT 3ITv- (SW-' 5?!' 7 116 22) Village of Chanhassen Minnesota -'STD-1AT a W-ater: 1 jOQ' of 10" CIP Watermain (completa) B8.00 j ft 2.00Oa- Sewer: 2400' of 12" VCP Sewerm3in (c�D-Aplete; A y110.00 / ft $21+.000•- POSSIBLE rSSx�S;iF,1�IT.i: Collection & Distribution Systems: Water_ 1.1 WTela-F e1t—ct t•B), 1/6 Tract to tKe est (a?, 1/2 Village deferred for future assess-nei,ts to tract :iouth of TH 5, Bongard, and oversized piping etc.) Tele-&-elect $:{ C100.- Sewer: 1,12 Tele-F.-elect. Site and 1 /2 Village for future assessment (deferred; to site or: South site of ""ci 5 Tele-E-elect $12,OW0 - "Unit Char" t :,ost of Plant Equipment) Water: U250 - per unit (ore household or 500 gallons per day) This is reviewed once every year with In.lustry and Council Ultimate amount: 500 Emplo-ees x 30 gal/day + process water $8.000.- Sewe : Same as water $8.OW Fossihl.e full assessment-�32,000,- This assessment is raid on-,.- once and can put on taxes over a '5-year period at the rate of 61'. These estimates are only prelilrdnary and are subject to *.he approval of the Village Council. Attached is a n,p showi the *eneral layout (dated ?-21-5() Torleiv Flatebo, F E Vill-age Engineer 1\ki