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69-1 SUB pt 1
qw: g rl q-6orpg � SaWpl .uasspgupq� ur•uoou�a nb pup anp •s�.no� � J�— 'dno,r,� no p h aT - �Ip pprad 4spa Ir aw rTp o rnr� 4ZOA xs _i0 r .64 pTnoM I �OSTV q� oTp�O ar our anr5 u rd �zaA p 10l UTPbo gal aspaTd asuods ° no�i uo xupgs uor�ues a.6jo` `rjO pup � �a£gord a� p anpg I sp u oJou� 4up a4proazdd nptr I aqa ssno nO� TTpo p ' �u.Tur` W s � I� oq aqa q�rMsrp o� xaaM sr rlrM I doad uospp pup I aU Oa awe 44 o �.rs TTTm Fogasag4panadaozp aarS, ilaM auot,xp� o I apaQ. A p�Osauuz uas � uaSspqupq� spgup sa°T�4 a g� 10 a�LDTTTA 0L6r '6r zaq�aada ssaussa,r ITO .11 Fl S .Tilt ' V Lo3alVATrN 'No £1�0E-999 (2I9) 'LDIVaAl2IQ o Wvosff D1qI `�5��1�I dIHS j 6� �alvZ 1 � I 1S.01 P-2 P I? f.91i QPIM ectf�res, The P-2 Planned Unit rvelopr,s�ict " Intended to provide a district appropriate for high d®nsity emd office buildingsresidential uses for ��inist�tiv3, financial and Professional uses, ar- ticularfiy In transitional situations between business or atrial dp districts and residential districts. It is further Intended that to the es�ent �sonably Possible the P-2 Mstrict be Characterized by central maWement in �'ahitectural design of build meted �S, joint- or common use of Parking and other Similar facilities and a harmonious selection and efficient dlstrlb Seed uses within the district. ution �r- $ • 2 i -ee` Wig a P-2 Plai nnerl IDistrict, no boil UnQ.t DevElop- � lid shall be used except f� �e i�a�.�oxg ones` 1 • Psingl® f 2. Y 114weiii,'Vs. Two family dwel,fngs. 3. Townhouses. 4. Multiple dwellings. S. Administrative offic',s. S. Medical, dental, legal and similar professional offices. 7- P#nancial bmtltutl., 8- Restaurants. 9 = Theaters, not including "drive-in" type. i5--: koesso L-Q�� Within a P-2 Planned mnit District" the follow 11-lveloP�nt � use$ shall be allowed as accessory to the uerna,itLed use; -85w i z-;X/-"i& i. l = Subordinate uses which are clearly and customarily accessory to the permitted use. 15- - 04 Procedx_rre for P-2 Planned Unit [ svelo .went D#str, Zonir�q , P1atiin3 and Develo7ment. 1 • honing � l'lattir� a . Procedures for the zoning. platting and development of a P-2 District shall be governed by the provisions of Sections 24.05 to 14.07 Inclusive of this ordinance, 05 Build#n DasE n and Construction. a • �uIki le s#dnnc.s, uil din s �#tlaira�-p=2 Dis et, building design and construction for multIP10 residence buildings , and buildings accessory thereto, shall be governed by the Provisions of Section 8.06 of this ordinanCe, 2 • �n=s�aercia � B�;ildi$t s . Within a P-2 District, building design and construction for all buildings Other then multiple residence buildings shall be governed by the provisions of Sectio:: 9, os of this ordinance. 15.06d iSs® lrlte�t #tY 1 • Mu-- �--�-� ��#�nc�ldin s• For purposes of determining the optimum use of land area, the Land Use Intensity Stating Scale as shown on -86- Cxi".,g, Fable 1 shall govern the dev®lopment of and rap - resent the Maxin, Um laud use intensity acceptable for rnultigle residence buildings within a P-2 District. 20 OQar mercial Buildings. Within a P-2 District not more than 30% of the lot area shall be occupied by buildir_9s. 1---=0-7- °-a� i • The estabUshim®nt® use, w1sinterance and d1s- Position of COMMan Open Space Greas within a P-2 District shall be governed b'the Provisions ®f Sections IS of this ordinance. 15--, 8 Oamral l:a tilation 1 • Additional regulations in the P-2 Planned Unit De"loi°MOnt District are wafi forih in Section ----------------- 15. Q9 0m- ndarina „f o.- n a, -8y- April 27, 1971 Village of Chanhasxen C/o Adolph Tessrres Charrii'%b6an, bin Gentlemen: As you are well aware, we have been working diligently for well over two years to put together the land development at Oakmont. Latest market feasibility studies indicate that this is a favorable time to begin the actual work. Sewer is the one facility that we must have before this development can move forward. We are ready to start work on the Golf Course and the main road this year and could make real progress in 1971 if we were assured of sewer facilitiest We strongly urge that you put this matter high on the agenda and do everything within the power of the village to make Sewer a reality in 1971. Sincerely yours, 8 E Lybeck, President Mid Ameriian PropertiessInc Route 5, Box 202 Mwelsior, Mn 55331 'r. Atto U-Is 8 ayZa�• �vJfrz - Z. ar r. 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That this agreement shall be binding upon the parties hereto, thLir heir:-. , administrators, successors and vssigns. IN �,,XTNESS `ERtor, the parties h�- r to have c--used th - ,e pre -MtsP to ` *e.--acuted the d y and year her in, bone want -n - .ONE E. LYBEC K EI=BET z R. PPRKS ARY F. LYNIP I3 YILUGE OF CriANhPSSEN mayor ATT ST: - --- Clerk xE OF T - CT. 1 �s k "OU iY OF CARVER y of _-- - -- ---� 1970, More m;-), . Ntot,=:ry ?u�,lic, -.-Athin and for said County, p --r onally rrd Ronald E. Lybeck, IV-,. E. Park Parks, Richard B. Lyman :nd .ry F. Lyman, to me known to thzi; persons Jaicri-) d in, ad who executed the foregoing instrument, and 1 dged t', t they L_tecuted the same their free act and. deed. N tary Public -5- COW_ ANTS AND STMQ' YtJN A13NN LAKEki�Rt78I1� Al?i� L'.t3 No lauildiM ,car o-.iier structur - . , recr_=11an 1 or playgmui: ! equipLwnt, firaplaces , picnic tu'*Iles or j = eilities . camping or swimming ran , reCre;'-° tion�l fields, or I-- t doc:.ivl-_ or launching �._cliitibw sh 11 be Constructed on aremis(- s, nor shall : otorl d trav-i , apt for em rgency bnd. i..aintenance -, he permitted o=2said premise&. The foregoing trictions ih-11 not ,arohibit Uh Village of Ob nh so n fro,-.-, the use of said . ra:,;is - for the constnartion, OP- • ,-`tlou and waaintenance o$ ujunjcj.)al services V- r--on and therein, including ::ut withaut limitation to, streets, curds, guitars, t,edestrian walks end bLnche;s, .nd ; nitary sewer, storm rawer and water facititi�s. IyeiP i:)euoo IauTj eqa jjjp ple ..IOC 06 uat{T Ueo j `ds I et5enbuBT sTLil tiTT V atuaasbe uT ole noA IT mouq a TaI ase+sid 'SOT3TIToe3 JoleM pue lemes mov, ' Ja. as A.teT : - pile s saq�aq pup $Nlv n ueT4sapad 'sJQIInb 'sgtno ° slaaa1s ' o4 UOTIe2TWTI TnogjTm ;nq buTpnloaT ' UTefa BIOS zas TVdj3Tunm .� �tetzaTaa g Pule uoataclT T�It pue uoTTs�ado •u9TTor�s oa agT xo; so asc� ;es la eon 0144 =jj Uesseque4o beIIT11 aq; INN 4OU IT94S suoT3aT4saj-uTO,8ej a# aka • sas;tuaid p _ s uo paTTTE ued oq • esn eaueuaTuT *ui P.: q �ioua snsxta oI cfaoxa ' Tam'-3 pozTl'c4O IIQgs iou .sosI ua.jd oles UO aTan sctoo ag ITags saT3TTTae; BUT40unel 10 -to ' sPTaTT Te, OTTaoaoaa + Beale 6UTWTu : S 10 buTdtaeo p sOTITITORI 3o smlgin oTu�d • saoQldeuT3 ®Tu,. dTnbo pun:;.Tb -AeTd .I© TeuoTTQaxoo- • sojn4o: u4s le .To .10 sburpITnQ O jtl tl 3e • 1ana os a.:T uo buTXUNT 1tto sToaTTa, .&TaTesnaor n6en- eI BuT .OJT3 o a q TIOq I pue x a�TQw STtt3 UT 6tzTssTtasTp ttaaq gq - iOT-. sUOTIOPIsaa PuRT 'XjRd oTTgnd ate: "Teq tugs ` aneq � tz?hapax T 2996- seu axosaazay e-•ZILZ~ 'O ad 1noX uOssetfue I"'- - oeq- : pler_cre :lasnegiego s p.IenalnoF S I r-I n 'I JAatuoUy .aasnet;lagp •�: sTro t •iTN OL61 ' 6T Tsn6nv 3OV29 vsosaxbzlw `sizoavaxmIw o I(I-11ng xxvg TvxoizvN ysu=3 006T Mv'I Iv a2xxossv 0sZ,V'I •x T'IgssR� ssa 'ssGj-c-dropV oo Q :'Iij21 Aou-'O , 059MA UOssequeTTO tro2Je1 'TJ iiassn)j 'smoA Aft AJaA 04 PeZO z Oq aouauTpjo -.7 'suiouamsol e8944 G=ius WRI TTOunoo otp aas oste OZ6L Is,-.5nf STIto'j August 6, 1970 11 E M 0 R A N D U M TO: Mayor Council Village Attorney FROM: Steve Wolf - Park and Recreation rMT: OAKMONT AGREEMENT The Administrator informed us of the Council's request approval or recommendations on the Oakmont Agreement. t regard to the letter dated July 31, 1970, from .s B. Oberhauser, we request that the paragraph on :rictions read as follows: No buildings or other man-made structures, tables, fireplaces, recreational or playground equipment, camping areas, swimming areas, recreational fields, docks, boat launching facilities or any other unnatural or man-made structure will he constructed or maintained on said land, with the exception of walkways, bike trails and benches for pedestrian use. Further, that no motorized vehicle travel, except for emergency and maintenance equipment, will be allowed on said land. n „ W Steve Wolf r Chairman Park and Recreation Commission D 4 Louis B. Oberhauser RiTSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 July 27, 197 C r. Lo::is 3. Ch ser 'Itorney at La 1415 'Last ":`ayzata 2oul-nyard ayzata, 1-n.s to 55391 TELEPHONE 335--9565 'e: Your We "-.1712-3 r ikai2ont - ,,,onald ' b-ck illa- - cf C,'.eahassen Dear !lr. Oberhausen ,ttach--d are the arigi �l and two copies of the proposed Cha_hasse akrnont zoning c©ntrartt or ;your review. ''l.easo zrrCnc_: to Rieve t? ^etitioners to original L.._. one copy -hereof, n7ereu,Den V-i- in;, nts a4ac ddi be fonvardc;d to _r. Adol,Yh uessness, Cl�anliasce ci-Anistrator, :or execution oy the Village -1fices , afte- a wily executed copy will be sent to you. ery truly yours, Russell 11. Lars _ ..anhass _ ,i . illage ttorn y R!iL: jd Enclosures cc Adolph Tess:sess, ' lerk-Ad ainistrat Village of Chanhassen Chanhassen, ..innesota 55317 Mr. Tessness: Please make copies of contract and forward to all Councilmen. Russell H. 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Palop ' 3oougao lol 39Td tipoTMTTWd 343 43TA% 93ueplo30r_► uT ATTpTlue3sgnr- seen TpT3 a T aJ ;ol AToTos padolenep aq TTv4s puel ;o slogll PTas ip43. (u :suonTPuo3 Pug st$Ja3 TQooT31PP' 60WoTIol $43 43TM, 0ouQPJo03e uT Pop '13 LSIo .LN3W -donnci Jima Q3NNYTd ' Z-d PTps Aq PeqTa:)Bwd aq item sp 1ruo13eTn5al awn PUQT PoQ 6uTuox flans TTp 431A% aouppJ000a Ioms ul aq TTe4s Ind aq clam purl 30 613gJ3 buTobeaJol 043 q:3ygm 03 sasn ay3 3Q43 oelbu sJauonned I suoneTnbel aATs -aa4eldmoa eJom pug sloJ3uoo 3uo8uTnz asom 'sPJQPav3s Je45T4 s94sTTgel8a AgaJa41 Poe 'im.LSIo ZmaATdo-i A3(3 JJKn Q3NNYId 'Z-d PTas bu►PnT--,UT • eaugulpJo buTuoZ pasodoid ®tp sloeue TTonno J abQMA " Juana avI ul • T June 16, 1970 M,EMpRAND 0 TO: Mayor M Council FROM: Planning Commission SUBJECT: OAKMONT _ Planning Commission Recommendation 1, August 26, 1969 _ p4 2, January 13, 1970 - 3, February 10, 1970 4, April 14, 1970 - 5. lnal draft of complete ZOning Ordinance liminar prior to the decision onhould be stated Y plat for Oakmont, Na hePlanningh commissat ion density hveaux Plan. A mot. s all in a e and Seconded b n was made b greement with planning Co Y John Nevea Y Al Barnacle givin mmlssion accept ux that the prelim the developer Pt the sketch lnary plans and approval tpreso proceed W. an Commission, Motion unanimentous to the plannith Februar, lY approved, ng Plat not COItlting to set date Plete. - preliminary The Administrato Scho r stated that he Oakmont,had They a with representat.and Bob Proposed agreed to wait Ives of proceeding, ng OrdinanC until the e 1S final before Public Hearing by planning C Land use May 5, -I970, Commission set for abide b Conforms with zoning PubPublic Y P-2 zoning. Map p_2. Hearing set. proposed Zoni Developer Which has been The off2Cia1 ng Ordinance is agrees to and the CouncilPioposed and approve Generalized Guide plfinindicates a P_2 planned by the Pla plan nned Unit Developmenng t. Anne Neils �J) Chairman Planning Commission 446 SCHOELL ENGINEERS qN& MA�S�N, INC. WlLLIAM D. Ct~ SUR�/EYOR • SCHOELL S ARLISLE MADSON � PHONE 938_7614 . 50 NINTH AVENU E SOUTH HOPKINS, MINNESOTq 5 June 16, 1970 Village of Chanhassen CIO Mr. Adolph Tessness, Clerk -Administrator Village Hall Minnesota 55317 Subject: Proposed Rezoning of "Oakmont" Feasibility of Providin Tract and Gentlemen: Water g Sanitary Sewer and In response to Mr. viding sanitary Tessness' request, V'd on the Oakmont and water to We note the feasibility tract west proposed sAnn multiple residential y of Pro- of Lakes Ann. multiple Lucy. develop - We append a copy of our comments relative report o time is the to these problems. f August 23, 1969 initiation o The one changed ' which makes some main by the Riley Creek on the Chanhasseng condition since that temp Y the Metro Sewer Interceptor, force main to re than next Board Present scheduling of the force spring and indicates that it could that the Possibly force be read gravity portion, been by early winter. However completed not later y for operation much before signed and built by Edenedo Prairie think In an a Year from now. , will sufficientY case' upon completion capacity for such development these two � pment as Projects there will be As noted is being proposed ;in Oakmont. corporated Previously, a subdivision of the In the Village water water system development, including w system later, capable of being part tank and tank on a lot having sufficient mains a Part elevated Possibly an iron , hydrants, a well with water tank removal plant. If space for a future second stage in the development, possible o water exceeds ge °f construction Pment, it should incorporate an about 100. , when the number be done in perhaps the Of residential units served design you you we are restudying the gn and la to the Lake Ann in adjacent Possible increased Trunk to adapt the original that the increased conformance with the Villa Y being proposed here the pipe be sized properly, density can be wade Land Use and served, it merely There is y requires that -PHOELL & MADSON, iNc. Village of Chanhassen Page 2 June 16, I970 If there is any further information that we can supply on this problem, please let us know.' Very truly yours, SCHOELL & MADSON, INC. 00"v 4pj/ WDSchoell:sd r L VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED — REZONING NOTICE IS HEREBY GIVEN that the Village Co Villa of g Council of the e Chanhassen, assen, Minnesota, will meet on May 25, at 8:30 o'clock P.M. 1970, at the Village Hall in said Village' the purpose of holding a , for Public hearing on proposed rezoning in the Village as follows: 1. To rezone the following described tract of land FARM a RESIDENCE DISTRICT to a RESIDENCE DISTRICT 11C11 as defined in Chanhassen Township Ordinance No. 1 as amended: The area proposed is Government Lot Section 11, Government Lots 1 1' Section 10, the Northwest and 2, Northeast Quarter of Sectional0er of the the Northwest Quarter of Part of Of Government Lot 3 Section 10 and part Township 116 North , Section 3, all in 5th Principal Meridiannge 23 west of the All persons interested may appear and be heard at s time and placeaid . Dated: April 20, 1970 Publish May 7, 1970 Y ORDER OF THE VILLAGE COUNCIL IWO Vi llage Jerk -Administrator I Note ces re5ardin •� the foZloW�n� May g public hearing on Roy Jo eph �1er,'R.L. Y �1, 1g7p. MaY 25, 19jp, Sent to Mrs • B 0h'nson 4' Exc Rio Ur Rt, elsior La hard B. Lyman, S� Box 20 Robert be Leman • 822 Third Ave Excelsior Greenwoo • Day, 1 Re ent Corp Box 199, 'Exce elsior Robert Lorencres Assoc Box 2051 l 1st St ior, e, Jr' ` 4 7 It.ion' Gerdoncelsi°r • Mirth' ��Opkins 7 IRij'erside s. e arroll n pre to ra . Minnesota 55051 4, Box 8 vIRAQE Of BOX 147, CHANHASSEN, MINNESOTA 55317 • TELEPHONE 474-8685 chanhassEn April 17, 1970 MEMORANDUM TO: Mayor Council FROM: Clerk -Administrator SUBJECT: Oakmont The minutes of the Planning Commission meeting of April 14 indicate by the Planning Commission's motion to set the date for a public hearing, subject to Council approval. There has been some discussion by the Council that the Council should hold the Public Hearings for rezoning. This should be clarified so that the Planning Commission will know the desires of the Council in the future. Adolph Tessness Clerk -Administrator At:sj W RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANH BUILDING MINNEAPOLIS, M7NNESOTA 55402 April 8, 1970 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Re: Dear Adolph, Oakmont. - Ronald E. Lybeck TELEPHONE 335-9565 Reference is made to the issue raised by Attorney Louis Oberhauser con- cerning charges billed by the Village to Ronald E. Lybeck for expenses relating to the proposed plat of Oakmont. Authority for a municipality to recover its expenses in the review of plats submitted to it for consideration is found in Minnesota Statute 505.03, subd. 3, a copy of which is attached hereto. With the exception of the engineering charge for doing the feasibility study for trunk sanitary sewers, it is my opinion that all of the charges billed to Mr. Lybeck relate directly to his proposed plat and should be reimbursed to the Village under the cited statute. The engineering charges for the feasibility study for trunk sanitary sewers total $1 ,132. 50, and the Schoell & Madson bill shows that the area in- volved included lands other than the Lybeck property, namely, Greenwood Shores, the Ecklund & Swedlund properties and contiguous lands. Ob- viously, the cost of this feasibility study should properly be allocated to the entire area involved in the study and should not be charged only against one of the many land owners in the area. If the Council agrees that the costs should be apportioned among all the land owners, a decision must then be made whether the portion allocated to Oakmont is to be billed at this time or held for collection at some later date. The cost allocated to properties other than Oakmont should be paid from general revenues and then carried on the Village books as an "account Adolph Tessness -2- April 8, 1970 receivable" to be collected later in the manner more fully set forth hereafter. It can be validly argued that the Oakmont portion of the feasibility study cost is a charge recoverable by the Village at this time under Minnesota Statute 505.03 , subd. 3. However, it would seem that the more logical course to follow would be to pay this charge out of general revenues, carry the amount as an "account receivable" and then recover it at a later date in the manner set forth hereafter. The trunk sewer feasibility study is a local improvement coming under the requirements of Chapter 429 of Minnesota Statutes. As you will recall, one of the requirements for the authorization of a local improvement is the making of a feasibility study, and it would seem that the study made in this case falls within that category. Such being the case, the cost of the study can be recovered through special assessments levied in connection with the installa- tion of the trunk sewers serving the area involved in the study. It is my recommendation that the Village consider this charge as an expense of the future trunk sewer improvements which we know will come in time, and recover the cost of the study at the time the improvement is put in. If the Oakmont portion of the charge were to be collected at this time, an appropriate credit for the payment would have to be given to Oakmont at the time the trunk sewer assessment is levied in order to avoid a double charge. Please submit this issue to the Council at the earliest opportunity, and I suggest that you send a copy of this letter, the attached statute and the Schoell & Madson engineering-bi n question to the Council. 1 Ve t y yo Russell H. Larson Chanhassen Village Attorney RHL:b Enclosures cc Kay Klingelhutz t MINNE SOTA STATUTE 505.03 Instrument of dedication; surveyor's certificate Subd. 3. The council or board to whom the plat has been presented may, after having notified the proprietor to that effect, employ qualified persons to check and verify the surveys and plat, and to determine the suitability of the plat from the standpoint of community planning, and such persons shall make full reports of their findings. The council or board may require the proprietor to reimburse the city, village, town or county for the cost of such services; if such services are rendered by a salaried employee of the municipality, the charge therefor may be computed on the basis of such employee's regular hourly, daily, weekly or monthly wages or salary. When the plat has been approved, it shall be so certified to by the city, village or town clerk or county auditor, as the case may be. RTTSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 March 30, 1970 Mr. Adolph Tessness, Clerk P. O. Box 147 Chanhassen, Minnesota 55317 Re: Ronald E. Lybeck Dear Adolph, Please note copy of letter of March 19th to me relating to the state- ment sent to Ronald Lybeck by the Village for expense in connection with the Oakmount plat. I think you should send to me a co py the detailed bill as submitted to Lybeck by the Village so that I f can better understand the nature of the items being charged to Mr. Lybeck. I am particularly concerned about the Schoell & Madson, Inc. , bills for the trunk sewer feasibility study. It appears to me that Mr. Oberhauser has raised a valid objection to these charges in that the trunk sewer study would benefit other properties as well as the Oak - mount area. I don't know what Oberhauser has in mind when he comments on the "other charges" mentioned in the third paragraph of his letter, so it is important that I receive an itemized copy of the bill as submitted to Lybeck. i PVetru yours , Russell H. Larson RHL: b Chanhassen Village Attorney Enclosure GRATHWOL, PLOETZ & OBERHAUSER ATTORNEYS AND COUNSELORS AT LAW 1415 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 O'NEILL J. GRATHWOL RAYMOND C. PLOETZ JAMES N. GRATHWOL LOUIS B. OBERHAUSER A. DOUGLAS NODLAND CHARLES P. CARROLL March 19, 1970 PHONE (612)473-2521 Mr. Russell R. Larson Attorney at Law 1900 First National Bank Building Minneapolis, Minnesota 55402 RE: Our File: W-2712-3 In accordance with our telephone conversation of yesterday, I am sending you a letter with reference to the statement sent to Mr. Lybeck by the Village of Chanhassen. Mr. Lybeck has no objections to paying his fair share of securing the approval of his plat, as required by your ordinances and Minnesota Statutes. In reviewing the statement presented to Mr. Lybeck, it would appear there is some question with reference to some of the items contained in said statement and, I am sure, the Village of Chanhassen is not attempt- ing to charge Mr. Lybeck for anything other than the expenses directly related to his requested plat. The bills from Schoell & Madson, Inc., appear to be in order with the exception of the bill for doing a feasibility study for a trunk sanitary sewer, since this study was for the whole area. It would be my feeling that this could be best paid through the general revenue fund or assessed to the property involved. With reference to your charges, we have no objection to the charge of $414.69, but the other charges would appear to relate to outside the legal requirements of the plat and involve policy determinations by the Council and would not be properly chargeable to Mr. Lybeck. After you have had a chance to review this would you please give me a call. LOUIS B. OBERHAUSER (f"31113l RUSSELL H. LARSON CRAIG M. MERT2 OF COUNSEL HARVEY E. SKAAR L��~ MARK C. MCCULLOUGH Scott A. Martin Community Director Box 147 Chanhassen MN 55317 Dear Scott: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA SS402 July 19, l;' 31 TELEPHONE (612) 338-9SSS Re: Rezoning of Sinnen and Oa'-mont Property On February 2, 1981, the City Council acted to rezone the above -described properties from P-2 to R-lA. Enclosed you will find our proposed Ordinance 47-Y reflecting t:2at action. Ifyoufind the ordinance to be in order, please obtain the signature of t'�e Mayor and the City Manager and arrange for one publication in t'ne Carver County Herald. CMM : ner enc Very truly yours, C 1AIG M. MER Z Assistant Chanhassen City. Attorney CITY OF CHANHASSEN RECEIVED AIN 2 21981 r COMMUNITY DEVELOPMENT DEPT. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47-Y AN ORDINANCE AMENDING SECTION 6.08 OF THE CHANHASSEN ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 6.08 of Ordinance No. 47, entitled "The Chanhassen Zoning Ordinance," adopted February 8, 1972 and as amended heretofore by Ordinance Nos. 47-A through 47-X, inclusive, is hereby amended to read as follows: Section 6.08 Boundaries of the R-lA Agricultural District. The boundaries of the R-lA Agricultural District shall include the following described tracts and parcels of land: �. That part of the West Half of the Northeast Quarter of Section 13, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, lying south of the southerly right-of-way Line of State Highway No. 5 as described in Book "Z" of Miscellaneous at Page 60, recorded in the Office of the Register of Deeds, County of Carver, EXCEPT the two following described tracts of Land. Said tracts are described as follows: A. The West 353.00 feet of the south 270.00 feet of the West half of the Northeast Quarter of said Section 13. B. The West 193.00 feet of the north 303.00 feet of the south 573.00 feet of the West Half of the Northeast Quarter'of said Section 13. And also EXCEPT that part of the first above described property which lies northerly and westerly of the following described line. Said line is described as follows: Commencing at the northwest corner of the West Half of the Northeast Quarter of said Section 13; thence southerly along the west line of said West Half of the Northeast Quarter a distance 1272.70 feet to the beginning of the line to be described; thence easterly, at right angles to said west line; a distance of 656.00 feet; thence northerly at right angles a -distance of 418.15 feet, more or less, to the intersection` with the southerly right-of-way line of said highway, and said line there terminating. lam. The Section Northwest Quarter of the Southeast Quarter of 13, Township 116 North, Range 23, West of Ij� the 5th Principal Meridian, Carver County, Minnesota, except the west 353.00 feet of the north 270.00 feet thereof. 3. That certain land lying and being in Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the intersection of the centerline of Excelsior -Shakopee Road and the South line of Section 3; thence Northerly along the centerline of said highway to a point 14 feet due North of the South line of said Section 3; thence East parallel with and 14 feet North from the South line of said Section 3 to a point 66-1/4 rods East of the North and South quarter line of said Section 3; thence North 477.6 feet; thence East 804.43 feet to an elm tree at the corner of a fence; thence due South 357 feet to an iron stake set in the ground at the high water meander line of Lake Lucy; thence South- westerly in a straight line along said meander line 195 feet to a stake set in the ground at a point where said meander line intersects the South line of said Section 3; thence West along said South line of Section 3 to the point of beginning. 4. Parcel A. The Northwest Quarter of the Northeast Quarter and Government Lot 1 and Government Lot 2, all in Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel B. Government Lot 1, Section 11, Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel C. That part of the south 186.00 feet of of'the Northeast Quarter of the North- west Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 11i (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road) Parcel D. That part of the South Half of the North west Quarter of Section 10, Township 11E North, Range 23 West of the 5th Principal Meridian, lying easterly of of the centerline of County Road No:' 117 (also known as Galpin Lake Raod and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road) Excepting: That part of the westerly 183.00 feet of each of the following two tracts: (1) That part of the south 186.00 feet of the Northeast Quarter of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Raod and as Excelsior and Shakopee Road). (2) That part of the South Half of the Northwest Quarter of Section 10, Township 116 North, Range 23 West of the 5th Principal Meridian, lying easterly of the centerline of County Road No. 117 (also known as Galpin Lake Road and formerly known as Chaska and Excelsior Road and as Excelsior and Shakopee Road). Which lies northerly of lines described as follows: Commencing at the northeast corner of said South Half of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 49 minutes 08 seconds West, along the north line of said South Half of the Northwest Quarter a distance of 588.71 feet, to the beginning of the lines to be described; thence South 65 degrees 37 minutes 15 seconds West a distance of 98.69 feet; thence northwesterly a distance of 141.37 feet along a non -tangential curve concave to the southwest heaving a radius of 180.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, the chord of said curve is'137.77 feet in length and bears North 46 degrees 52 mintues 45 seconds West; thence North 69 degrees 22 mintues 45 seconds West, tangent to said curve a distance of 40.00 feet and said line there terminating. Section 2. Effective Date. This ordinance shall become effective from and after its passage and publication. Passed by the Council this 2nd day of February, 1981. Attest: MAYOR City Clerk Manager Public hearings held on August 13, 1980 and September 10, 1980. Published in Carver County Herald on July 16, 1980 and August 27, 1980. -3- r A PROPOSAL Because of the stron;z feeling of the Council, the Park and Recrea- tion Commission and the citizens of Chanhassen, I propose -that the Plan- ning Commission engage, on an hourly basis, a planner or landscape archi- tect whom we would ask to attend our April 1st meeting to near our views, as well as those of Mr. I.ybeck. After the planner had reviewed the pre- liminary plat of the Oakmont subdivision, (before, after anU during the meeting, a compromise plan might be worked out which would meet with the approval of all.interested groups and, most important, would contribute to the future benefit of ALL of Chanhassen. The Council and all of the commissions were favorably impressed by the iansen-hlingelhutz sketch plan for Western Hills. I propose that Herb Baldwin, the landscape architect for that plan, be hired on a tem- porary houfly basis, or retainer fee, to study the Oakmont plat and to make suggestions which would improve the plan to the point where Coun- cil approval could be biven. Certainly if h4r. Lybeck were willing to make concessions and requested changes in his plat, the Council, the Park and Recreation Commission, as well as the citizens of Chanhassen would be more receptive to the expense of the extension of sewer and water to Oakmont. ON EXHIBIT gicu PROPOSED P-2, PLANNED UNIT DEVELOPMENT District .c' ion 1P-2 Planned 5 _ tLiDevelopment. _5.0 Statement of0 , caves.Tne Vil_,_-.ne, being confronter w-Lt.i rapid change in land developII?ent, desires to provide a prcc %,.,a.,_e 7_ which can relate develo^ ant -to a particular site and to i.ns';.re that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition cf proposals without Undue delay. 15.1 Permitted Uses. Uses permitted in a Planned Unit-nevelc Inc may include and shall be limited to: ` �• a. Multiple dwellings, apartment builc?..'in.�JS, townhouses. b. Office buildings, off:.ces for adr..'-I?i 8tratlVe, f'xe.Cut4. professional, research or similar organization, and laborator:. having only limited contact with the general public, provir:r' that no merchandise or merchandising services are sold on the premises, except Such as are incidental Or accessor,,, t- the principal permissible use. C. Dank, savings and loan institutions.' d. Restaurant, delicatessen, bars (only with proper approved liquor license). e. Theatre (excluding drive-in type) - 15. 2' Procedure for Planned' Unit Development Zoning an.^r- 1 • -he provisions Of this district Shall apply only to a -Land propsed to be developed of not less than 20 acres under a_ s1 e owners":_. -A 2_ The area must be consistent with the objectives of the current '_.and use plan of the Village. 3. Said application shall be accompanied by a written s*atemen'_ the landowner setting forth the reasons why -the Planned in-`,- ,ie-nt would be in the public interest and would b-2 Cons, ste` - wi':.• Village objectives for a Planned Unit Development. G Upon anprova i of the Planni na Commission, t`;e ' cquest t- ,.- J.;•-yj- is forwarded to the Council for s-_a?'_darc' __ezonin Steps. - ~ -he su?division an6i platting ^r Luch _and zoned Planned ni-- Deve' +�munt- shall be subl (- ..._ to t' ,? 'O . iDW'._, C � m � y _ - C. e u_r_e_., n�;, �.Dr approval of plat. No bu..=_. ,c O, Y �w cons r _1-n - ;av c. T before final plat approval. 15.3 Standards and C.riteri fo_ P-? Planned Unit Develonmer.t. 1 ----. A p-an that is consistent wl'-;i. - a. The statement_ of objec' for a Planr'ed Unit Develo-DM b. The general standard-, s^t out hereinafter. C. The specific rules and regulations for Planned Uni'- Development adopted from t-' mp to t;�II and placed by -he Commission in the Office of the Village Clerk. No s,ch x a- Cor-nission rules and regulations shall be revised or ad.d.cd -o so as to be appl.. -.•: bie to %A specific proposal for a " annex _ Development afte- an application for pre13_minar_y approval ' been filed by a landowner. 2. F1 clan shall be CC?riS1S `_Cn with thef ^110W1ng gel for 11Se Of land, type, bL:l"; design and location Ofdensity Or intensity Of !and us^, tS'.'comr-Lly n 1ope facilities and the development by gcogra �hiC di Vi_SIOY.'. Of z1^ - deve•lcoment. a _z`i'Jl C �Oii iOr 'r-_14minary approval � ..e Planning Commission may ,,sake such written general rules �ear4ing generai procedure and form of applications as wz zay dete�::,ine, provided they are not inconsistent application for preliminary approval shall include suc4 i;_.e: s as the Planning,"Commission shall specify in order to disclose: 1. Location and size of the area involved, nature of the landowner's interest in the land to'be developed. 2. T'ne land use to be allocated to intensity in the complete development also sections if it is to be developed by sections. 3. The location, function, ownership and manner of maintenance of common open space. 4. The feasibility of proposals for the disposition of sanitary waste, storm water and water system. 5. T.he descrittion <.n.4 estimated construction cost of all strew, sanitary sewer,. storm sewer and watermain improvements proposed to be installed under special assessment procedures. 6. A land use plan prejared by a person trained or exper-ence6 in lard use planning. The plan shall be to scale and shall snow the following: a. The relatyonshlp of the application: area to surrounding properties to a distance of 200 feet showing~ section lines, the zoning of contiguous areas, and other existing features such as streets and highways, buildings, railroads, and utilities. b. The alignment and functional classification of all proposed streets. C. Tile alignment and characteristics of all proposed railroad facilities. d. The dimensions and areas of all blocks. 7. The owners or developers contemplated development schedule. 8. In the case of plans which'call for development over a period of years, a schedule showing the time table of development for each section and final shall Na s,-_—a _.ed _ 9. Nothing herein contained shall be deemed to forbid or discourage informal consultations between the landowner and member or members of the Planning C3mmissio: prior to filing of an application for preliminary approval, provided no statement or reparesentazion by a member of the staff shall be binding upon the Planning Commission. 15.5 Public Hearing. Refer to Section 22 of this Ordinance zegarding public hearing. 15.6 Final Approval. After public hearing Planning Co:n,-ni,ssion shall submit to the Council its recommendations. 1. In what respects the plan is or is not consistent with the Village objectives for a Planned Unit Development. 1 �. The pla,. .Y,Ey proviuG fox a vai.iety of type and designo of structures. .. Height shall not be a basis for denial or approval. c. Front yard regulations shall require that no structure` be nearer than 100 feet exclusive of street right-of-way. A minimum front yard shall be 30 feet. On( -;.foot of front yard requirement shall be added for every f6ot in height a building exceeds 30 feet in height. d. Floor area regulations, minimum for multiple family - efficiency unit 400 square feet, one bedroom unit 700 square feet, two bedroom unit 900 square feet, each bedroom in excess of two bedrooms shall have an additional 150 square feet. No more than ten (10%) percent of the dwelling units in any one building shall be efficiency dwelling units. e. The land use intensity rating for multiple type dwellings. See chart in this section. f. Lot coverage for all structures other than multiple. i. Not more than 30% of the lot area shall be occupied by buildings. g. Parking shall comply with requirements found in specific district for proposed type of structure. h.l. Common Open Space. The requirements for any common open space established by this zoning district shall comply with Section 18, Common- Open Space. 1. The Plan shall contain proposed covenants, easements, and other provisions relating to the uses and public facilities as are necessary for the welfare of the Planned Unit Development and are not inconsistent with the best interest of the entire Village. Said covenants, easements, and other provisions, if part of the Planned Unit Development as finally approved, may be modified or removed by the developer of said Planned Unit Development only with approval of the Village Council. i. The Planning Commission may designate divisible geographic sections of the entire parcel to be developed as a Planned Unit Development District and shall, in such case, specify reasonable periods within which development of each section must be commenced. The period of the entire development and the commencement date for each section thereof may be modified from time to time by the Planning Commission upon the showing of good cause by the landowner. The landowner small furnish such performance bond or bonds as may be determined qy the Planning Commission to be reasonably requi,-ec' to assure performance in accordance with the plan; and 't,. p ro-cect th!E pu'_l' : interest in t,le event of abandonmen-c of said plan before com-')letion. j. The uniqueness of each proposal. for a Planned Unit Developmentc requires that the specifications for the width and surfacing of streets, ways for public utilties, for curbs and gutters, sidewal;cs, street lights, storm water drainage, water supply and distribution, sanitary sewers and major trunk lines and treatment of such may be subject to modification from the specifications established in the ordinances known as sub- division and platting also street and road construction ordi- nance,establishing standards. ., TI nature and extent of the Common Open Space in the Planned 6 it Development, the relia;ility of the proposals for maintenance conservation of the Common Open Space and the adequacy of the a:11ount and function of the ope : space in terms of the intensity =at-ng proposed in the plan. T;e plat of the plan and the manner in which said plat does or does not make adequate provision for public services,.provide adequate control over vehict ar traffic, recreation and visual enjoyment. The relationship, beneficial or adverse, of the proposed Planned Unit Development upon the neighborhood in which it is proposed co be established. Ir 1. The final plat shall be submitted with all of the above listed req'.:-cements plus requirements of the Village subdivision and platting Ordinance. 3 MOTION I move that the proposed preliminary plats of the Oakmont Addition dated December 10, 1968, and February 2, 1969, submitted by Ronald E . Lybeck and Mid -American Properties, Inc. , to this Council for consideration be disapproved for the following reasons: A. The proposed plats do not meet the standards of the Chanhassen Platting Ordinance in the following respects: A petition for rezoning of the area to Residence District "A" should be submitted and that an application be made for a special use to cover the golf course area. 2. The developer should submit detailed plans and detailed explanation of golf course operation covering parking areas, club house facilities planned, size and use of structures to be located on the premises, and a statement as to whether the course is to be open to the public. 3. Written consent of the fee owner to the proposed platting has not been furnished. 4. Boundary lines within 100 feet of the tract within the plat have not been shown on the plats, and the name of the record owner thereof has not been furnished. 5. No proposals have been furnished to make the areas affected by inadequate surface drainage safe for occupancy or to provide for adequate street and lot drainage. 6. Proposals for -street lighting have not been furnished. 7. The proposed plats do not incorporate the recommendations of the Village Engineers as set forth in their report dated March 4, 1969. 8. The lot sizes proposed in the plats do not meet the ordinance standards for areas not served by municipal sewer and water. Soil tests have not been furnished by the developer. No acceptable plan has been proposed for the payment of the cost of the installation of sanitary sewer and water mains within the subdivision and for a trunk sewer to serve the subdivision. C 'i C K L I S T/ PMDIINARY P' Name of Subdivision: ak M'0v1 Locations �,t,�,�,�4,vLr� /O'f`� 1 Statement of the proposed use of lots indicating type of residential buildings with with number of proposed dwelling units; type of buiiness or industry so as to reveal the effect the d Yelopement on traffic, fire hazards or congestion of population. A Date of preparation, north point, and graphic scale. IU A_rlt Boundary of proposed subdivision. 1st addition etc ' (aA�un E pLocat ..P, : isA'rtd names of all railroad right-of-ways, to a distance of 1001 beyond tj Loc•ttion, widths and names of all utility right-of-ways, to a distance of 100' beyond tri t 0 Location, boundaries and .names of all parks and other rublic open spaces, to a distance c �, 100' beyond tract, JS �,�-5iger Location, widths, and names of all private and public easements to a distance of 100' beyond the tract. P Location �a& names of all section and corporate lines to a distance of 1001 beyond the tract. Location of all permanent buildings and structures. A Location and site of existing and proposed sewers, water mains, cu arts and other underground facilities to a distance of 1001. 0 Boundary lines of adjoining unsubdivided or subdivided land, within A 001J. identifying by name and ownership. _ pographic data including contour intervals of Z', water courses, A rsie s, rock outcrops and other significant features. /f' yout, numbers and dimensions of lots to the nearest foot. ` ' mum front and side street building set back lines. "C'l� •,r ea of each lot in square feet. 04(,-- Proposed center line gradients of streets. �w(( Proposed gradients of sewers. i44 uzW't'L ,t-�A' FI& Y_ _* 3 Present zoning. Sid. Indust. ^omnlete legal description. Owner's name and address. p _ Subdivider's name and address. Surveyor's name and address. Designer's name and address. Acreage land subdivided.* Z A_ Number of lots in subdivision A °ronosed restrictive covenants. A(& / Q_ Q% Source of Water Sup IN,-. � N Provisions for sewage disposal, drainage and flood control. 3 Utility "'Aasements - Minimum 20' wide centered on rear -nU other lot % lines. Provide easements for deflection points. AMaximum length of cul-de-sac shall be 50f_,' . Minimum right-of-way radius ofbdl for cul-de-sac. a all elevations tied to U S G S Datum __ eaSection and pavemen s 'roDosed drainage and storm se er e Clate submitted. to Reviewed Y z 64, M XIndicate conformance 0 Indicate nonconformance !T: ft r I A&. - Checked by: Sate: J/ krL Nl A iC. C S �� a��.�- Restrictions: This conveyance is made and accepted subject to the following restrictions, reservations, and covenants which are for the benefit of the premises and which inure to and operate as equitable restrictions on easements passing with the conveyance of said premises and shall bind each successor in interest of the parties hereto: 1. Said lot shall be used for residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two and a half stories in height and a private garage for no less than two cars. 2. No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. 3. The ground floor area of the main structure exclusive of one-story open porches and garages, shall be not less than square feet for a one-story dwelling, nor less than Square feet far a dwelling of more than one story. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance. 5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. 6. All construction shall be completed within 12 months after visible construction has been commenced. 7. There shall be an architectural control committee composed of: Herman L. Nielsen, 510 Shadyway Road, Wayzata, Minnesota. Eunice Nielsen, 510 Shadyway Road, Wayzata, Minnesota. William M. Pilgram, 1029 Plymouth Building, Minneapolis, Minnesota. Ronald E. Lybeck, 6466 Westchester Circle, Golden Valley, Minnesota. Rose A. Lybeck, 6466 Westchester Circle, Golden Valley, Minnesota. Louis B. Oberhauser, Casco Point, Wayzata, Minnesota. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the mem- bers of the committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore it to any of its powers and duties. 8. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the com- pletion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 9. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of 10 years from the date these covenants are recorded (after which time said covenants shall be automati- cally extended for successive periods of 10 years), unless an instrument signed by a majority of the owners of the lots in said plot has been recorded, agreeing to change said covenants in whole or in part. 10. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain the said violation or to recover damages. 11. Invalidation of any one of these covenants and restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. 12. Easement for Utilities. 13. Easement for Bridle Path. 14. Underground Utilities. ►�e-L�j upsz3- VILLAGE OF CHANHASSRN PRLLIMINARY PLATTING PROCEDURES y A. Subdivider 1. Fills in application form 2. Pays the filing fee 3. Files with the"'Administrator: (a) Ten copies of the preliminary, plat (complete per Ordinance #33). (b) Request for rezoning (if necessary), (c) Copies of all restrictive covenants on abutting properties. (d) Restrictive covenants on proposed plat. (e) Time schedule for development (f) Written consent of fee owner to subdivision and rezoning. (g) Copy of abstract of title or registered property report. (h) Complete legal description. 4. All above material shall be filed at least fourteen (14) calendar days before the next regular Planning Commission meeting. B. Administrator 1. Refers seven (7) copies of the preliminary plat to the Planning Commission. 2, Refers one (1) copy of the preliminary plat to Village Engineer. 3, Refers one (1) copy of the preliminary plat and one (1) copy of the abstract of title to the Village Attorney. C. Planning Commission 1. Shall hold a public hearing within thirty (30) days. D. Village Engineer 1. Shall submit written report on preliminary plat with any recommendations at least seven (7) days prior to the public hearing to the Planning Commission. E. Village Attorney 1. Reviews title and makes written report at least seven (7) days prior to the public hearing to the Planning Commission. F. Planning Commission 1. Shall make its report on the proposed preliminary plat to the Village Council within ten (10) days after said hearing with its recommendations. G. Village Council 1. The Council shall act on the preliminary plat within sixty (60) days of the date on which it was filed with the Clerk -Administrator. 2. Upon final action, Administrator forwards a copy of the minutes to the subdivider. VILLAGE OF CHANHASSEN APPLICATION FOR VARIANCE PROCEDURE Directions: Fill out form by t in ink. Ft ypewriting Official use Onl or printing Attach drawing showing all necessary measurements. j Date Rec'd. APPLICANT: Name: (last) (first) (middle) Case No. Fee Paid Address: (Street No.) (City) (.Mate) Rec'd by_. OWNER: (If different from Applicant) Name: (last) (first) (middle) Address: (Street No.) (City) (State) REQUEST: Type of Request (x): Special Permit Variance Subdivision Description of Request: Address of property involved: Legal description of property involved: Ordinance No. Section Variance to Ordinance No. Section Signature VILLAGE OF CHANHASSEN � APPLICATION FOR VARIANCE PROCEDURE �� Z - 6 I/ Directions: Fill out form by typewriting Official use Only or printing in ink. Attach drawing showing all necessary measurements. Date Rec'd. APPLICANT: Case No. Name: (last) (first) (middle) Fee Paid Address: (Street No.) (City) (State) Rec'd by OWNER: (If different from Applicant) Name: (last) (first) (middle) Address: (Street No.) (City) (State) REQUEST: Type of Request (x): Special Permit_ Variance Subdivision Description of Request: Address of property involved: Legal description of property involved: Ordinance No. Section Variance to Ordinance Nd. Section Signature PLANNING PROPOSAL REVIEW - Lybeck plan for Oakmont In request to the commissions review of the above proposal we submit the following report: Our office has met, twice, with Midwest Planning and Research on the above proposed property and reviewed the proposal for multiple dwellings on this property. The proposal was reviewed holding to three basic principles: land use proposed in the guide plan, park areas proposed in the guide plan and park study, and the potential of the site (due to size) in terms of planned unit development or type of density zoning to accomplish the best public and private use of the site. The guide plan has designated this area as single family. Factors that make the site a potentially sound single-family area can also be used to justify multiple usage of the site. The problem here is that were this site to be developed as a multiple site only, there would be few areas of the Village that would or could be defined as strictly resi- dential - in otherwards a precedence would be established that may be used for the forcing of multiple zoning throughout the Village. The guide plan has related multiple development to the community w.ith.a criteria more relevant to'mu'ltiple usage'than'that of this site. The fact remains however, to accomplish the goal of the park plan, part of this area, along lake Ann, is a part of the communities interests. To accomplish this goal, we must either purchase the lakeshore or give equal value through some means to the de- veloper to re -coup his investment. This can be accomplished through a type of Planned Development where, in exchange for an increase in density, the developer will relinquish the desired lakeshore. As the lakeshore is the most desirable area of the tract, the value in units receivable will have to be greater than a 1 for 1 ratio. Net density of the site for single-family usage would be 465 units (2.5 units per acre x 186 acres = 465 single-family units). A normal conversion of three multiple units for one single-family unit would provide for a multiple density of 1400 units without a large increase in value of the property. The increase then to 4 or 4.5 multiple units per single-family unit as a conversion figure would permit an increase in density to 1800-2000 units for the site. This should be more than sufficient payment for the Lake- shore. The development and arrangement of the units then, can be left to the owner - so long as these units do not have a detrimental effect on adjacent property. To exceed this proposed density would be questionable, not only in terms of accomplish- ment of community goals, but in excessive traffic generation and precedence for multiple development. A secondary recommendation would be to hold the property to single-family development and to apply for open space funds to purchase the desired lakeshore. 0 68-408 HAND AUGER BORINGS Oakmont ( Near Lake Lucy and Lake Ann ) Chanhassen, Minnesota SCHOELL & MADSON, INC. February 12, 1969 0 SOIL ENGINEERING SERVICES, INC. Temporary Address & P,�one Because of Fir,,@: J. S. BRAUN, P.E. 1 Schoell & Modson, Inc. 50 - 9th Avenue South Hopkins, Minnesota 55343 Attn: Mr. Ted Kemna Gentlemen: 6531 Ca--nhoIid-73 SEZeet -dinnesota 55425 Phone: 529-5595 SOIL ENGINEERING SERVICES, Ill 615 NORTH COUNTY RD. 18 MINNEAPOLIS, MINN. 55427. 544-. February 12, 1969 Re: 68-408 HAND AUGER BORINGS Oakmont ( Near Lake Lucy and Lake Ann } Chanhassen, Minnesota Per your request, a number of hand auger borings have been taken in the above proposed subdivision in order to assist in determining the depth of the organic materials in the proposed lots in the low lying areas of the tract. Previously, 24 borings were taken in the proposed subdivision and the results of those borings are included in a report dated December 17, 1968. The borings were generally taken at the approximate locations which you indicated o n the preliminary plat dated December 10, 1968. The borings were located relative to the reference lines which your crews had staked in the field. The borings were staked and we understand that you plan to reference their locations and determine their surface elevations. The approximate location of each of the borings is shown on the attached copy of the preliminary plat and are described on the attached tabulation. The borings were taken between January 29 and (February 6, 1969. All of these current borings were taken with a hand auger because the depth of the snow made it impossible to use power equipment without extensive snow removal. Hcnd auger borings are limited to the depth from which the auger can be manually withdrawn, hence, they are limited to indicating the depth of soft organic soils and merely identifying the surface of the underlying mineral soils. Hand auger borings generally cannot detect lower strata of organic materials which could possibly underlie the established depth to mineral soils. Hand auger borings are indicated by "HA" OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE OF THE CLIENT TO WHOM THEY ARE ADDRESSED, AND THEIR COMMUNICATION TO ANY OTHERS, OR PUBLICATION OF STATEMENTS, CONCLUSIONS, OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED, PENDING OUR WRITTEN APPROVAL. ROR NCS--_TESTS--INSPECTION • ANALYSIS-• REP??RTS •-RECOMME-No-ATr0N-S- `- 68-408 Schoell & Madson, Inc. -2- 2/12/69 Mineral soils encountered in the borings were visually classified in accordance with the U.S. Bureau of Chemistry and Soils Classification System. A copy of that chart is attached. Water levels were not determined since reliable water level measurements cannot be taken in hand auger borings. RESULTS Logs of soils encountered are shown on the attached tabulation. All of the borings, except HA-36, encountered black or organic materials. The depth of these black or organic materials ranged from 0.5 to in excess of 24 feet. Sorings HA-28, 72, 78, and 79 were terminated at depths ranging from 14 to 24 fees in organic materials. The deeper organic materials were generally encountered below the 960 contour which borders the proposed lagoon and short golf course. However, other areas of deep organic materials were also encountered in the subdivision. PRELIMINARY RECOMMENDATIONS These borings were of a rather preliminary nature in order to indicate general depths of soft organic materials thruout the property. Because the depths of organic materials are rather variable it is suggested that penetration test borings be taken in the actual building areas in order to assist in determining the necessary foundation approaches. The depth of organic materials encountered in B lock 11 , to the east of the proposed short golf course, were generally of a rather limited nature. However, the depth of organic materials in Block 5, to the west of the proposed golf course, were generally rather extensive. Shifting of the proposed short golf course to the west could possibly reduce the cost of foundation preparation for the proposed houses. However, if the golf course is shifted to the west, it would probably be necessary to replat the entire subdivision. The other areas of deep organic materials encountered thruout the remainder of the subdivision probably cannot be avoided with the proposed street and house construction. Footings and floor slabs of the proposed buildings supported on the inplace organic materials would be subject to severe and erratic detrimental settlement. It will then be necessary to either remove all organic materials and place controlled compacted backfills or else to drive piling for the support of the proposed buildings. SOIL ENO/NEER/N6 SERVICES INC. ----------- -_T ----� 68-408 Schnell & Madson, Inc. -3- 2/12/69 Generally, excavating organic materials over extensive areas, when the water level is near the surface, is difficult and not economically feasible to depths in excess of about 15 fact. Excovation-backfill is then not recommended where organic soil depths over extensive portions of individual house areas exceed about 15 feet. If the excavation-backfill approach is followed for a few of the houses, it is suggested that a strip excavation be prepared across a number of the lots. The excavations should be sufficiently oversized to permit placement of fills with sideslopes not steeper than 1 :1 from top -of -footing locations. The use of coarse, clean, granular material, with less than 10 percent passing the 0200 sieve, is suggested for placement below, and to 2 feet above, any water encountered at the time of the excavation. Since adequate dewatering will probably not be possible to verify that all deleterious materials have been removed, it is suggested that a few borings be taken thru the partially completed backfill to spot check for the presence of organic materials trapped below the fill. After the fill is sufficiently above the water level to support compaction equipment, it is suggested that it be thoroughly compacted with a large vibratory roller to a minimum of 95 percent of standard Proctor density. Successive fill should be placed in thin lifts not exceeding 8-inches and again thoroughly compacted to this minimum requirement. Under carefully controlled procedures, fills adequate for the support of normal minimum width house and garage footings should be readily attainable. n It is our opinion that a few penetration test borings should be waken in the proposed building areas prior to determining whether or not an excavation-backfill appro-ich can be used since it is conceivable that the underlying cohesive soils are not strong enough for the support of the proposed fill and building loads. It would be logical to assume that a rather high water level exists in the low areas where the extensive depths of organic materials were encountered. It then appears that either split - foyer or slab -on -grade houses will generally be necessary on these lots. The instailation of foundation draintile would be an advisable precaution against potential basement moisture problems. Of necessity, the area of the borings in relation to the area of the site, and the depth of the borings, are limited. Suggestions and/or recommendations of this report are opcnions based upon the data obtained from the borings. If we can be of further assistance in evaluating these data, taking additional penetration test borings in the actual building locations, or providing periodic inspection and compaction testing services, kindly contact us at your convenience. Very truly yours, SOIL ENGIIN,EEEDI,NG SERVICES, II,4C. b / a'4 D. L. Glasspoole D L G /C G K: I S �+ SOIL ENGINEERING SERVICES. INC. cc: Mr. Ronald E. Lybeck --- _ Cameron G. Kruse, . E. Soils Engineer 68-408 LOGS OF HAND AUGER BORINGS .O,gkmont Addition ( Note: Logs of borings 1 thru 24 shown in report dated 12/17/68 } HA-25 15' right 4+40 Line "A" 0-11' 11 - 13' HA-26 85' right 7+40 Line "A" 0-18' 18 - 18.5' HA-27 100' right 10+40 Line "A" 0-9' 9-11' HA-28 50' right 13+40 Line "A" 0-24+' HA-29 20' right 16+35 Line "A" 0 - 4' 4-6' 6 - 8' 8 - 9' HA-30 1 10' left 0+50 Line "C" 0-1' 1 - 1 .5' Peat and Muck, black frozen to wet Clay, grey, wet Peat and Muck, black to brown to olive, frozen to wet Clay Loom, grey, wet Peat and Muck, black to brown, frozen to wet Fine to Medium Sand, grey, wet Peat and Muck, blar:k to brown, F,vet Peat and Muck, black , we; Fine to Medium Sand, brown, wet Peat, black, wet Fine to Medium Sand, brown, wet Loom, slightly plastic, black, frozen Sandy Loam, slightly plastic, brown, moast 68-408 Page 2 HA-31 HA-32 HA-33 40' left 5-F30 Line "C" 0 - 0.5' 0.5 - 1' 20' left 8-4-65 Line "C�' 0-0.5 0.5 - 1 .5' 50' left 11 +75 Line "C" 0-1' 1 - 4.5' 4.5 - 5' HA-34 Centerline 14+00 Line "C" 0-1' 1 - 1. 5' HA-35 220' left 15-+-30 Line "C" 0 - 20' 20-20.5' HA-36 60' right 3+25 Line "C" 0-1.5' HA-37 175' left 15+30 Line "C" 0 - 5' 5 - 5.5' HA-38 150' left 15+30 Line "C" 0-0.5' ( 0.5 - 1 .5' Loam, slightly plastic, black, frozen to moist Clay Loam, brown, moist Loam, slightly plastic, black, moist Sandy Loam, slightly plastic, grey -brown, moist Loam, slightly plastic, black, moist Muck with shells, olive, wet Sandy Loam, slightly plastic, grey -brown, moist to wet Loam, non to slightly plastic, black, frozen to moist Sandy Loam, non plastic, brown, moist Peat and Muck, black to grey, wet Clay to Clay Loam, brown, wet Sandy Loam, non to slightly plastic, dark brovin, frozen to moist Sandy Loam, lensed with Muck, black , moist to wet Fine to Medium Sand, grey, wet Loam, non to slightly plastic, black, frozen to moist Medium Loamy Sand to Sandy Loam, non plastic, grey -brown, moist 68-408 Page 3 HA-39 35' left 4+40 Line "A" 0 - 9' Peat and Muck, black to grey, frozen to wet 9 - 9.5' Clay to Clay Loam, grey, wet HA-40 50' left 4+40 Line "A" 0 - 8' Peat and Muck, black, frozen to wet 8 - 8.5' Clay, e� ey, we+ HA-41 35' right 7+40 Line "Q" 0- 10' Peat and Muck, black to olive, frozen to wet 10 - 10.5' Fine to Medium Loamy Sand to Sandy Loam, non plastic, grey, wet HA-42 Centerline 7+40 Lin6W' n 0 - 7' Peat and Muck, black, wet 7 - 8' Sandy Loam, slightly plastic, grey, wet HA-43 50' right 0+40 Line "A" 0 - 5' Peat and Muck, black, wet 5 - 6' Sandy Loam, non to slightly plastic, grey, wet HA-" Centerline 1340 Line "A" 0 - 11, Peat and Muck, b+ack, wet 11 - 13' Sandy Loam, non to slightly plastic, grey, wet HA-45 50' left 13+40 Line "A" 0 -9' Peat and Muck, black, wet 9 - 10' Sandy Loam, non to slightly plastic, grey, wet C) 68-408 Page 4 HA-46 75' left 13+40 Line "A" 0 - 6' Peat and Muck, black, wet 6 - 7' Sandy Loam, non to slightly plastic, grey, wet HA-47 30' left 16+35 Line "A" 0 - & Peat and Muck, black to brown, wet 8 - 9' Sandy Loam, non plastic, grey, wet HA-48 140, left 0+60 Line "A" 0 - 1 1 Loam, non to slightly plastic, black, frozen to moist 1 - 1 .5' Fine to Medium Sand, grey -brown, moist HA-49 125' left 2+15 Line "A" 0 51 Peat and Muck, frozen to moist 5 - 5.5' Clay Loam, grey -brown, moist HA-50 250' left 2+35 Line "A" 0 - 1 , Loam, slightly plastic, black, frozen to moist 1 - 1 .5' Sandy Loam, non to slightly plastic, dark grey -brown, moist HA-51 125' left 4+65 Line "A" 0 - 2' Loam, plastic, black, frozen to moist 2 - 2.3' Fine Sand, fight yellowish white, moist HA-52 55' left 7+85 Line "A" 0 - 1 .5' Loam, plastic, black, frozen to moist 1.5 - 2' Sandy Loam, non plastic, brown, moist HA-53 50 left 11 +05 Line "A" 0 _ 2 A Loam, slightly plastic to plastic, black moist 2.5 - 3' Sandy Loom, non plastic, brown, moist 68-408 Page 5 HA-54 100' left 14-+05 Line "A" 0 - 10.5' Peat and Muck, black, wet 10.5 - 11' Clay Loam, grey, wet HA-55 150' left 14+05 Line "A" 0 - 5' Peat and Muck, black, frozen to wet 5 - 5.5' Sandy Loam, grey -brown, wet HA-56 200' left 14+85 Line "A" 0 - 5' Peat and Muck, black, wet 5 - 5.5' Sandy Loam, non plastic, grey, wet HA-57 150' left 14-,-85 Line "A" 0 - 9.5' Peat and Muck, black, frozen to wet 9.5 - 10' Sandy Loam, non to slightly plastic, grey, wet HA-58 265' left 15+25 Line "A" 0 - 2' Peat, black, moist 2 - 2.5' Sandy Loam, non plastic, brown, moist HA-59 265' left 16+25 Line "A" 0 - 19' Peat and Muck, black to brown, moist to wet 19 - 20' Clay Loam, grey, wet HA-60 265' left 15+75 Line"A" 0 - 12' Peat and Muck, black, moist to wet 12 - 14' Clay Loam, grey, wet • 68-408 Page 6 HA-61 75' left 1 +25 Line "B" 0 - 0.2' Ice 0.2 - 11' Loam, plastic, lensed withMuck, black, moist to wet 11 - 11 .5' Sandy Loam, non plastic, brown, wet HA-62 125' left 1 +25 _ Line "B" 0- 10' Loam, plastic, block, moist to wet 10 - 11' Clay Loam, grey, wet HA-63 175' left 1 +25 Line "B" 0 - 3' Loam, plastic, black, frozen to moist 3 - 3.5' Clay Loam, grey, moist HA-64 60' right 2+75 Line "B" 0 - 0.1 Ice 0.1 - 0.3' Water 0.3 - 20' Peat and Muck, biac;k, wet 20 - 20.5' Clay Loam, grey, wet HA-65 160' right 2+75 Line "B" 0-10' 10 - 11' HA-66 200' right 2+75 Line "B" 0 - 5.5' 5.5 - 6' HA-67 75' left 3+40 Line "B" 0-10' 10 - 11' Peat and Muck, black, wet Clay Loam, grey, wet Loam, lensed with Muck, black, moist to wet Clay Loam, grey -brown mottled with reddish brown, moist to wet Peat and Muck, black, moist to wet Clay Loam, grey, wet 68-408 Page 7 HA-68 100' right 4+50 Line "B" 0 - 14' Peat and Muck, block .to brown, frozen to wet 14 - 15' C lay Loam, grey, wet HA-69 150' right 4+50 Line "B" 0 - 6' Peat and Muck, black, wet 6 - 6.5' Medium to Coarse Sand, grey, wet HA-70 55' right 11 +95 Line "B" 0 - 12' Peat and Muck, black to brown, wet 12 - 13' Clay Loam, grey, wet HA-71 Centerline 11+95 Line "B" 0 - 5. 5' Peat and Muck, black, wet 5.5 - 6' Fine to Medium Sand, grey, wet HA-72 75' left 14+45 Line "B" 0 - 3' Sandy Loam, plastic, black, frozen 3 - 14' Muck lensed with Silty Clay, grey, wet HA-73 125' left 14+45 Line "B" 0 - 2' Sandy Loam, plastic, dark brown, moist 2 - 6' Muck with lenses of Silty Clay, grey, wet 6 - 6.5' Fine Sand, grey -brown, wet HA-74 15' east -(1 +20) Line "A" 0 - 9.5' Peat and Muck, block, frozen to moist 9.5 - 10' Clay to Silty Clay, greenish -grey, wet n 68-408 Page 8 HA-75 155' east -(1 +65) Line "A" 0 - 3.5' 3.5 - 4.5' HA-76 170' east-(3+40) Line "A" 0-5' 5 - 5.5' HA-77 HA-78 1"1 HA-79 HA-80 HA-81 0 230' west-(2+70) Line "A" 0 - 3.5' 3.5 - 4' 500' west-(3+05) Line "A" 0-14+' 110' west-(4+10) Line "A" 0-19+' 360' west -( 4+10 ) Line "A" 0 - 7' 7-7.5' 625' west -( 4+50) Line "A" 0-7' 7-7.5' Peat, black, moist to wet Fine to Medium Sand, grey -brown, wet Peat and Muck, black, moist to wet Clay Loam, grey -brown mottled with reddish brown, wet Peat, black, moist to wet Clay Loam, brown, wet Peat and Muck, black, moist to wet Peat and Muck, black, moist to wet Peat and Muck, black, moist to wet Clay Loam, grey, wet 0 Peat and Muck, black, moist to wet Clay Loam, grey, wet SOIL ENGINEERING SERVICES INC. 0 100 ki`' r' cO i q� u0 O \s' 0 \O O C.� 4 � s 4 O w aj�~ dO �o ANDY o7 o C LAY .d �tr� "�Q oo h� 40 ^p 4p ao� `O SI T -�- SIZE FRACTION IN PER CENT SOILS TEXTUR.�L CLASSIFICATIO`;:; CHART ADAPTED FROM U.S. BUREAU OF CHEMISTRY AND SOILS SIZES OF SOIL SEPARATES FRACTION PARTICLE DIAMETER SAND-------- FROM 2.0 TO 0.074 MM. SILT -------- FROM 0.074 TO 0.005 MM. CLAY ----------- LESS THAN 0.005 MM. U 68-408 PRELIMINARY SOIL BORINGS Oakmont Near Lake Lucy and Lake Ann Chanhassen, Minnesota SCHOELL & MA®SON, INC. December 17, 1968 C) D !8K /AlbwlfEw'lJYf tfwYlCft mw- Temporary Address & Phone Because of Fire: ' J. S:'BRALIN, P.E. 0 Schoell & Madson, Inc. 50 - 9th Avenue South Hopkins, Minnesota 55343 Attn: Mr. Ted Kenna Gentlemen: 6531 Cambridge Street Minneapolis, Minnesota 55426 Phone: 929-5595 SOIL ENGINEERING SERVICES, INS 675 NORTH COUNTY RD. 18T MINNEAPOLIS, MINN. 55427. 544-27, December 17, 1968 Re: 68-408 PRELIMINARY SOIL BORINGS Oakmont Near Lake Lucy and Lake Ann Chanhassen, Minnesota Per your request, soil borings of various types have been taken in a few of the streets and in the proposed lagoon in the above referenced subdivision. The purpose of the borings taken in the streets was to assist in determining the depth of organic materials and the type of subgrode soils to assist in designing the portions of streets traversing lower areas in the subdivision. The purposes of the borings taken in the proposed ponding area were to assist in determining the depth of organic materials and the type of underlying natural soils. The borings were taken at the apprcmimate locations which you indicated on the boundary survey furnished for our use. The boring locations have been stoked in the field and we understand that you plan to reference locations and determine surface elevations. The general orientation of borings is shown on the attached boundary survey which you furnished. The borings were taken between December 9 and 11. Much of the area was currently in- accessible to truck -mounted equipment because of soft surface conditions.or thin ice. Borings in areas which were accessible to the truck -mounted equipment were taken with a conventional power auger and are denoted by a " B " prefix. OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE OF THE CLIENT TO WHOM THEY ARE ADDRESSED, AND THEIR COMMUNICATION TO ANY OTHERS, -._.. OR. PUBLICATION OF STATEMENTS, CONCLUSIONS, OR EXTRACTS FROM OR REGARDING OUR -REPORTS IS RESERVED, PENDING OUR WRITTEN APPROV BORINGS • TESTS • INSPECTION • ANALYSIS • REPORTS • RECOMMENDATIONS 68-408 Schoel l & Modson, Inc. -2- 1 a/�17/68 A track -mounted core and auger drill was used in areas which were currently inaccessible to the truck-mcunted equipment due to soft surface conditions. In order to assist in determining the consistency of the soils and to more closely determine the soil transitions, standard penetration samples were obtained using the standard 2-inch OD split sampler, driven by a 140-pound hammer falling 30 inches, in the borings taken with the track -mounted equipment. This was done because the equipment is easily capable of taking this type of sample thru the hollow -stem augers and the data thus furnished forms the basis for a more enlightened design. Penetration test borings have been denoted by an "ST" prefix. Thin ice on Lake Lucy and the proposed lagoon at the present time prevented access to all power equipment. Borings in these areas were thus taken with hand auger equipment. Hand auger borings are limited to the depth from which the auger can be manually withdrawn; hence, they are limited to merely penetrating the soft organic materials and establishing the type of underlying cc -hive soils, viand auger borings have been denoted by an "HA" prefix. Mineral soils encountered in the borings were visually classified in accordance with the U.S Bureau of Chemistry and Soils Classification System. A copy of that chart is attached. The A.A,S.H.O. classification was also assigned to representative samples of the subgrode soils. Immediately after completion, each of the borings was probed to check for the presence of ground water. RESULTS Logs of soils encountered, water level observations, and penetration resistances recorded in the penetration test borings, are plotted on the coached soil boring log sheets. A few of the borings taken in the streets encountered natural soils from the surface to their termination depths. However, rather extensive depths of organic materials were encountered in the area of borings B-3 thru ST-9 where from 5 to 21 feet of organic materials were encountered. The remainder of the borings taken in the streets generally encountered natural soils, which were generally clay looms and plastic sandy looms, from the surface and these materials were not appreciabV organic. Boring B-14 encountered 5 feet of fill over a 1-foot stratum of black plastic sandy loam. Boring HA-13 was taken with a hand auger and encountered what appeared to be natural soils to its 3-foot depth. SOIL ENGINEERING SERVICES, INC. 68-408 Schoell & Modson, Inc. -3- 12/17/68 Generally, either from the surface or below the organic materials, plastic sandy looms and clay looms were encountered in these borings. The A.A. S. H. O. classification of these soils was probably an A-6. Borings HA-18 thru HA-24 were taken in Lake Lucy and in the lower area where a dredged lagoon is planned. The two hand auger borings taken in Lake Lucy encountered from 2 to 4 feet of water. The five hand auger borings taken in the proposed pond ing area generally encountered just a limited amount of water standing at the surface although boring HA-24 encountered 4 feet of water. Generally, the organic materia h in these hand auger borings were extremely deep, extending from 10 to 27 feet below the current lake level. Boring . HA-24 was terminated at the 28-foot depth in organic materials. Boring HA-20 encountered only about 2 feet of black organic sandy loam. Rather mft clay looms were encountered below the organic materials in these borings. In the lower areas where organic materials were encountered, along the proposed streets, water was generally indicated within about 2 feet of the ground surface. In the higher areas, water was generally not encountered to the termination depths when measured immediately after completion. However, if given additional time to stabilize, water could possibly have also been encountered in a few of the borings taken in the higher areas. RECOMMENDATIONS As previously stated, the scope of our current investigation was limited to portions of streets traversing low areas and also the proposed lagoon near Lake Lucy. Because of the extensive depths of organic materials encountered in a few of these borings, it is suggested that penetration test borings be taken in some of the proposed house locations in order to assist in determining foundation requirements. Based upon the data available todate, it appears that piling may be necessary for houses on a number of the lots. The proposed streets and the proposed lagoon will be discussed separately in the remainder of this report. Proposed Streets If permanently stable roadbeds are desired, it would be necessary to completely remove any inplace fill and organic materials and then place a controlled compacted backfill. If this approach is followed, it is suggested that typical Minnesota Highway Department (MHD) swamp excavation sections be followed. This approach is suggested since it will then also provide stable bedding for the proposed future utilities. It is likely that municipal standards will also require a total excavation of organic materials. SD/L /Ar0/MEEK/NB llRy/Cf! 1MC. 68-408 12/I 7/68 Schoell & Hodson, Inc. if the excavation-backfill approach is followed, it is suggested that coarse granular u all te r level. If it is not possible materials, with not more than 10 percent passing the 200 sieve, used compacted d ckfiII the minimum of 3 feet above the watesible to completely excavation in order to verify that all deleterious matterrriiaf�l� to spot check for the presee been removed, it is nce that a few borings be taken thru the partially comp P of organic materials trapped below the fill. After the fill is sufficiently above the water level to support compaction equipment, it is suggested that ntbe l lifts not exceeding 8-inches with a large vibratory roller. Successive fill should be placed m of 9� percent of standard proctor density. and again thoroughly compacted to a minimu Based upon the results of the borings taken in the higher areas, together with experience in the general vicinity, it is unlikely that granula8so�lfsthesuitable excavation�backfias ll approafch is below the water exist in the subdivision. Therefore, followed, it will probably be necessary to obtain borrow materials for placement below, and to 3 feet above, the water level. If the above outlined design is not within budgetary limits et u ofor the fill lnd bland municipal standards permit, an alternate approach would be to leave pace fia aterials inplace and place a surcharge on these inplace materials and monitor the rate of settlement. When the ultimate consolidation appears to have been approached, the surcharge could be removed and reused as berm alongside the road to assist in confining the organic below the roadbed. However, under this approach, periodic maintenance siderable period of time. anticipated and the roadway would probably n be useable for c if is suggested that a minimum of 2 feet of granular materials exist between the top of the organic materials and finished read grade if this approach is followed. Again, it should be noted.that if the excavation-backfill approach .is not followed, it will be necessary to drive piling, for the support of the proposed utilities when they are placed in the streets. In areas where natural soils will exist at the proposed subgrade elevation, it appears that the soils are generally an A-6 soil using the A.A.S.H.O. classification system It is then our suggestion that the proposed roadway section be based on an A-6 soil. If the excavation- backfill approach is followed, and if coarse granular material be reduced by basing is used as compactedbt onackill an throughout the roadway core, the section thru this area could A-1 soi I . SOIL E-moomma SE"ICES. INC. 68-408 Schoell & Modson, Inc. -5- 12/17/68 Proposed Lagoon As previously stated, the ice was too thin in this area at the present time to support power equipment. Therefore, no definite statement can be made regarding the texture of this organic soil or its relative consistency. However, we understand that a 10-foot deep pond is to be dredged in this area. Removal of 10 feet of organic materials from this area will Generally result in the excavation terminating in organic materials. The permeability of the bottom of the pond will probably then not be appreciably affected by the proposed dredging. It should be noted that organic materials are generally capable of suppo ng only very limited loadings. If any appreciable depth of fill is placed over these organic materials, they could be expected to consolidate appreciably and shear failures could also result. Problems could then probably result if fill is placed over these organic materials particularily if steep sideslopes In the organic materials are planned. Genera I Again, it is stressed that penetration test borings be taken for houses in low areas prior to construction in order to assist in determining whether or not normal minimum -width footings could be placed at the proposed grade, widened footings should be used, an excavation- backfill approach should be followed prior to placing footings, or whether piling should be driven for the support of the proposed structures. Because of the soft nature of the underlying clay looms encounterbd in many of the borings, it appears that piling will be necessary for houses on a number of these lots. Of necessity, the area of the borings in relation to the area of the tract, and the depth of the borings, are limited. Suggestions and/or recommendations of this report are opinions based upon the data obtained from the borings. If we can be of further assistance, kindly contact us at your convenience. Very truly yours, SOIL ENGINEERING SERVICES, INC. D. L. G)ysspoole Braun, P. E. o J S i3/�b LG: js ils Engineer cc: Mr. Ronald E. Lybeck SOIL E"INEERINO SERVICES. INC. LOG OF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakmont V i I Its of Chanhassen BA Oakmont Drive DEPTH 0' SURFACE ELEVATION: 0.5 Ouslija umestone 1 So My I ein In rAlewl,Ir d 1 Clay Loam with a little Fine Gravel, light brawn, moist ( A- 6 ) Water not encountered in probing boring immediately completion ' frazef; s ) BPF EP 0 1.5 E. 15 SOIL ENGINEERING SERVICES, INC. VERTICAL SCALE: B-2 Oakmont Drive 1" = 4' TH SURFACE ELEVATION: Sandy loam, plastic, dork brown, ' froadn to moist A-6 Clay Loam, brawn, moist (A-6) Sandy Loam, plastic, with a little Fine Gravel, brown, moist Water not encountered in probing boring iMMedlot*ly after° completion SOIL EN21NEERINW SERY/cli, /wc. LOG QF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakes Village of Chanha»en B-3 Oakmont Drive ?TH 0l SURFACE ELEVATION, Peat, black, frozen to wet 2 ( Water Level 5 Clay Loam, brawn, wet 7 Clay Lmm, grey, wet 10 Water I eve I down 2' when mecsvred immediately after completion of boring BPF VERTICAL SCALE: 1 " 4' B-4 Runaway Drive PTH 01 SURFACE ELEVATION: %` Water Level 14 25 Peat and Muck, black, frozen to wet Clay to Clay loom, grey, wet Water level dawn 1' when measured immediately after completion of boring BPF LOG OF TEST BORINGS PROJECT #: 68--408 DESCRIPTION: Oakmont Village of Chanhanen 5 7 HA-7 PTH Tryall Drive p, SURFACE ELEVkfION: ( Water Love I Peat and Muck, black, frozen to wet Medium Sand, grey, wet Water level dawn 1.5' when checked immediately after completion SOIL ENVINEER/NG SERVICES, INC. VERTICAL SCALE: 1 " = 4' ST-8 BPF DEPTH TryaII Drive pf I SURFACE ELEVA�ION: 21 25 Peat and Muck, black, frozen to wet Clay Loam with a little Fine Gravel, grey, wet ( rather soft ) Water I eve I down 1 ' when measured immediately after completion of baring WH denotes sampler penetrates stratum under w6ight of hammer alone - without driving. P E W R r-n LOG OF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakmont Village of Chanhassen ST-9 Tryall Drive DEPTH 0 ° 1 SURFACE ELEVATION: 8 15 Water Level Peat and Muck, black, frozen to wet Clay Loam, +, wet ( ra*" soft to stiff ) Welter 1*e1 down V when meoeured Immediately after completion of baring BPF IrEP] ON 2 3 10 SOIL ENGINEERING SERVICQS INC. VERTICAL SCALE: 1'° = 4' 8-10 Oakmont Drive H SURFACE ELEVATION: Sandy Loam, plastic, dark brown, frozen to waist ( A-6 ) Sandy Lam, plastic, brown, moist(A-6 Clay Loam, brown, moist ( A-6) Water not emneounterod In probing baring immediately after completion of boring C LOG OF TEST BORINGS PROJECT #r: 68-408 DESCRIPTION: Oakmont Village of Chanhassen B-11 DEPTH Burning Tree Drive 0' SURFACE ELEVATION: SarJy Loam, plastic, dark brown, 1 .5 fn mnie+ f A-A_1 Clay Loam with a little Fine Grovel, brown, moist ( A-6 ) Water not encountered In probing boring immediately otter completion SOIL EN61NEEMING SERVICES, INC. VERTICAL SCALE: 1 " = 4' 8-12 Trya I I Drive 0' 1 SURFACE ELEVATION: Loam, plastic, black, frozen to moist L 10 lay Loam, light brown, moist very moist ( A-6 ) ater not encountered in probing wring immediately after completion LOG OF TEST BORINGS PROJECT *: 68-408 DESCRIPTION: Oakmont Village of Chanhassen HA-13 Interiachen Road C, BPF 0' 1 3 5 6 10 SOIL NNYINEERINR SERVICE!, INC. VERTICAL SCALE: 1 = ,f b-14 Interlachen road SURFACE ELEVATION: Fill Sandy Loom,I Fill, Medium Sand, grey, moist Fill, Clay Loam, grey, moist Sand LoamPlastic, black moist Clay loam, brawn, moist (A-6 Water not encountered in probing baring immediately after completion some Fine Gravel, brown, frozen to moist B SOIL NNO/NNNR9M! 3ff"ICNN. /NC. LOG OF TEST BORINGS PROJECT #: 68-,408 DESCRIPTION: Oaknw* V i I kQe of ChaaaFlt~san B-15 lntw1ochon Road DEPTH 0, SURFACE ELEVATION: 1 Sandy Lca 2 _ . m braw+a, L,_Ast i Ac ) 10 ^_} Water not encountered in probing boring immediately after camp) Lion * to moist ( organic ) VERT.;Gj.` , SCALE: 1 4' B-16 Interlachon Road BPF EPTH R 0 - SURFACE ELEVATION: * 1 Qqm, plastic,black frozen to moist Clay Loom with a little Firm Gravel, b r own, moist (A-6 ) 15 Water not av'-ount� red in boring LOG OF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakmont Village of Chanhassen B-17 Interlachen Road DEP`7 0' 1 M 15 'H SURFACE ELEVATION: Sand Loam lastir.., black frozen t.: Sandy Loam, non plastic with sonic Fin Gravel, grey, moist c A-3 ) ( Water Lwe Clay Loam,Brey, moist to wet Sandy Loam, plastic, dark brown, wet Clay Loom, brown wet Water level dew" 6' when meo"ed fire. lMeiy e+fhr completion of baring BPF IIDEPTH A R% 32 SOIL EN®INS"IN9 SERVICES, INC. VERTICAL SCALE: I" = 4' FIA-18 Lake Lucy F LOG OF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakmont Village of Chanhassen DEPI 0' 2 12 15 HA-19 Lake Lucv H SURFACE ELEVATION: Ice and eater Peat and Muck with shells, black, et Clay t Loam,, ve �'c'v BPF JFEP 0 0.: 2.! n &GIL ENGINEERING SERVICES, JNC. VERTICAL SCALE: HiA -20 Prod Lagoon SOIL INi/NEI<I!!NI SfAYlC! INC. LOG OF TEST BORINGS PROJECT #: 68-408 DESCRIPTION: Oakmont Village of Chanhassen HA-21 Proposed Lagoon DEPI 0' 23 f , BPF 5 VERTICAL SCALE: 1" = 4' HA-22 Proposed lagoon 01 SURFACE ELEVATION: Peat and Muck, dark brown, frozen to wet IF 14 Clay to Clay Loam, grey, wet Very Soft WcS'C-0101---41r7' 6Urfnce E LOG OF TEST BORINGS PROJECT *: 68-408 DESCRIPTION: Oakmont Village of Chanhasuen DEP' 0 16 18 DID HA-23 Proposed Lagoon SOIL ENGINEERING SE"ICES iRC. VERTICAL SCALE: 1 " = 4- HA-24 Proposed Lagoon BPF I DEPTH B 0, SURFACE ELEVATION: Ice and water ,1 4 Peat and Muck, dark brawn and black, wet 28 Boring terminated at 28-foot depth in organic mater is l SOIL ENGINEERING SERVICES INC. k � � o 4e Q �o o �O ci s O 4va' Gj O �o ANDY �P o C LAY SANDY CLAY o \LOAM, / DY LO 0 100 90 so c� 70 s� 60 9 CLAY n� 500y iy A/ •O Si LT 40 CLAY 30 CLAY LOAM SILTY C LAY LOAM 20 L SILT 0 on \/ \ 0 � �� �L� �� 0►� h� tom �l� 0� � O SILT —SIZE FRACTION IN PER CENT SOILS TE � T U R .-�:L CLASSIFICATIONCHART ADAPTED FROM U.S. BUREAU OF CHEMISTRY AND SOILS SIZES OF SOIL SEPARATE FRACTION PARTICLE DIAMETER SAND-------- FROM 2.0 TO 0.074 MM. S I LT ------ FROM 0.074 TO 0.005 MM. CLAY -------- LESS THAN 0.005 MM. 0 LARSON "IC MERTZ ATTORNEYS AT LAW R USSELL H. LARSON 1900 FIRST BANK PLACE WE5T CRAIG M--MERTZ MINNEAPOLIS, MINNESOTA 55402 OF COUNZrL TELEPHONE HARVEY E. SKAAR March 2, 1981 i612) 335-95,5. MARK C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager BOX 147 Chanhassen MN 55317 Re: Oakmont Dear Don: Attached is a copy of the Oakmont contract Pat Swenson You may wish to forward it on to her as I do not have her requested. Naples address. Missing is Exhibit C Of the contract which is a preliminary draft Of the P-1 District section of the Zoning Ordinance. Very truly yours, RHL:ner enc cc: Pat Swenson RUSSELL H. LARSON Chanhassen City Attorney � n { VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA AGREEMENT?'`"'•` THIS AGREEMENT, Made this f-F. _ day of jay 197p , between the ' 9; VILLAGE OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the "Village"; and RONALD E. YB CK M. E.,PARKS and ELIZABETH.R. PARKS, his wife, and RICHARD B. LYMAN and MARY F. L YMAN, his wife, hereinafter collectively referred to as "Petitioners"; WITNESSETH, WHEREAS, Petitioners have submitted a petition to the Village Council to rezone the following described tracts of land, consisting of 186 acres from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance No. 1 as amended: cast 1/4. I.Ocs 1 anti 21/2 of Norc!►west I/4; Kortlive.; , Section 10, and Lot ) C Section,,l�th- :!::� (. 7ot.^nsi►ip 11G, R;n�l,�e_ 23 exccntinr, t};crcfrom 4R INST�(u�` less, described as acre, more or follows: 6ommencinp coin,s},in and range; corner between Sections 9 and•I0. at the quarter section said thence running North on said Section line 20.69 c},ains to the quarter quarter post: P thence East on the line between the I:orth half and South half of the Northwest 1/4, S of 27.50 chains to the middle or the C}sasdistance ka and ection 1A10, a dRoad; thence along said road South 20° 30' West 1.. South 3° 30, Fast 3.20 chains to the Sout}i line ofainssaid trorthe west 1/4; thence West on said line 20.36 chains to:place of beginning, situated in South half. of Northwest 1/4, Section 10 tooecher with streets and -alleys adjacent thereto, vacated o: Co be vacatea. - s , • t !CEL 2: 1. :.:6 N �hk o: , • � th_� �'.rJ:�h) 116 NorL�'l� g 23 :ca soli:.. erg' along, , Range y t:12 pit awns `d Section 409.69 of oa,,..na�:�•.;, thence � •.`'eet , f continuing :;ou:aerly along Korth -South 1/4 -ins l%°a POLE-z, Lh::.ce �••aaterly on aline p "rallel with Of the .;:, the South Iine .�: i/-: of :h� `1J 1/4 452.::0 feet to the center line of z,- _..�el�'o_-Stiska ee Road -• .-, Y . , Zn":c� nor. easterl �lc�g the center line of the Road 61.50 feet thence easterly and parallel w'th the South 1/2 of the \E 1/4 of tha W 1/4 435.76 feet to the point of ba- _..:. .:...'. part of the NNE 1/4 o_ the *N-W 1/1- Section 10. Township 116 North. Range 23 Cc---ver County, Minnaf;ota, deacribed as follows: at Lae 14, Co—, a 10 SJ11t:1t'riy u10rg Cha :port:. -soot: 1/4 line OI s.iy� 1�? _C:L� [:�11�e•....� _,est, ?oiat of beginning, ctior, 469.77 feet to b S, then;s 6cutherly along the North -South 1/4 line 200.26 f co a point on the South line of the `;orth 1/2 of the NE -1/4 of the h"1t 1/4 t:"•'::ct westerly .alo-,a the South line O: the North 1/2 of the NE 1/4 of the hW 1/4 -c•:�3 faet to the center itne of the Excelsior-S:la:coaee Road, th;.nce norrh- L ::long the center line of the Excelsior -Shakopee Road 207.36 feet tI,' nee And parallel with the South line of the NZ 1/4 of the NW 1/4 452.30 .met r� t`a polat of be&iraina. :- �o assc�ent fo; roadway pu;-poses along the Excelsior -Shakopee road.. -•••- land lying an:; being in Section 3, Township l�o, Range 23, describe:: -oust Com:encin;r at the intersactio-L of the caster lire of Exce�sdesc ar.d the South line of Section 3; thence Northerly along the h =S«waY to a poi-.,t 14 fee. du` North of the South line of said >: thence Eao•c n4zrallel with and 14 feet North from -the South :.ire of 3 to a pc nt 66 1/4 rods East of the North and South Soct:on 3; thence north 477.6 feet a1 • thence cast 504.43 feet too ail eIm _e3 CGS:=a: oc s fence; the:.ce due South 357 feet to as iron stake set ir.�t •o,.:.a az ;:.;a high water mean -der line of Lake Lucy; thence Southweaterly in -r c '--L'-a along acid was ;der lire 195 feet to a stake in the ground at err s_id :ceasde•r line i rerseces the South line oE said Section. 3; cher.c, .. :�r•U • 's=a S:,u•_h line or Secr.ion 3 to the point of baginnin,�;. •- r WHEREAS, Petitioners have b_•�_ een advised by the Village Council that the classification of RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance No. 1 as amended presently governing land usage and zoning within the Village, is inadequate to properly regulate and control land''+4 -2- usage within the Village, and is deficient in the establishment of standards for the development of the Village; and WHEREAS, the Village Council has informed petitioners that a compre- hensive zoning plan and ordinance are presently being considered and that a revised zoning ordinance will be enacted within the reasonable future; and that said proposed 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, said proposed zoning ordinance will include a zoning district designated as P-2 , PLANNED UNIT DEVELOPMENT, and ihHEREAS, petitioners acknowledge that they have been fully apprised of the foregoing facts, have examined the regulations proposed under said P-2 zoning district, and further acknowledge that the enactment of said proposed' p sed zoning ordinance will enure to their benefit as it relates to the aforedescribed tracts of land, and petitioners are desirous that the proposed standards, regulations and controls be enacted by the Village Coungil. NOW, THE � � :.a .. -,-.�.,., :• {� BEFORE, in going premiconsideration cf the fore `l•�' =' � ses and• the mutual covenants of the a • " `'•'� ' p rties as hereinafter 4`r set forth, it is hEr eby agreed: 1. In the event the Village Council enacts the proposed zoning ordinance, including said P-2, PLANNED UNIT DEVELOPMENT DISTRICT, and thereby establishes higher standards, more stringent controls and more comprehensive regulations, petitioners agree that the uses to which the foregoing tracts -3- RHL . . 8/25/7( of land may be put shall be in strict accordance with all such zoning and land use regulations as may be prescribed by said P-2, PLANNED UNIT DEVELOPMENT District, and in accordance with the following additional terms and conditions:. a) That said tracts of land shall be developed solely for residential uses substantially in accordance with the Preliminary Plat for Oakmont, dated January 27, 1970, as prepared by Rieke -Carroll -Muller Associates, Inc. , and designated "Oakmont Exhibit A" on file in the office of the Village Clerk. b) That of the 186 acres in said tracts, not in excess of 91 acres shall be developed for residential use upon which petitioners shall be authorized to construct not in excess of 2,800 residential units, said construction to comply with the regulations of said proposed P-2 , Planned Unit Development district, and all other pertinent Village Ordinances and this agreement. c) That the balance of said tracts consisting of 95 acres shall be reserved and developed as Common Open Space under the provisions of said proposed zoning ordinance, and said Common Open Space shall include the following: 1) Dedicated Public Open Space and public roads, including 3,950 feet of Lake Ann and Lake Lucy lakeshore to be dedicated as public park areas as shown on said Exhibit A. The dedication of said public park areas shall be subject to those conditions and restrictions as set forth on Exhibit B hereto attached and incorporated herein. 2) A golf course of not less than 9 holes and not less than 2,900 yards in length. d) Building� .: E": '�' permits for multiple residential construction shall not ��' '. be granted by the Village until a municipal sanitary trunk sewer is available to said tracts of land and until said trunk sewer ;�,;:• is served by the proposed Chanhassen -Eden Prairie force main,-",'.-''- ..',., or an alternative sewer main acceptable to the Village. 2. The Village Council shall undertake to presently rezone:the foregoing tracts to Residence District C, as defined in Chanhassen Township Ordinance No. 1 as amended; and that thereafter and upon enactment -4- RHL 8/25/7 of the proposed zoning ordinance said tracts of land shall be in- cluded therein as a P-2 , Planned Unit Development district, the regulations of which shall be in substantial accord with Exhibit C, proposed P-2 , Planned Unit Development district, attached hereto and incorporated herein; and provided further, however, that said tracts shall be developed in accordance with the terms and conditions of this agreement. 3. 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 RICHARD B. VILLAGE OF CHANHASSEN C`' By AMayor TTES L " Clerk _ �'� •• STATE OF MINNESOTA )� °' COUNTY OF CARVER ) s s On this day of �nTL_ , 1970, before me, a Notary Public, within and for said County, personally appeared Ronald E. Lybeck, M. E. Parks; Elizabeth R. Parks, Richard B. Lyman and Mary F. Lyman, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed t_he-same-as theriefip_� a r�t-n,,7-Aeo4 , .Notary Public LOUIS'B_ OBERHAUSSR —5— Notary ►ublk,.Honnapie County, ✓41inn My Commission Expires May 23, 1977. STATE OF MINNESOTA I ss COUNTY OF CARVER ) On this day of juts, 19,20, before me, a Notary Public within and for said County, personally appeared Eugene A. Coulter and Adolph Tessness, to me personally known, who, being each by me duly sworn, did say that they are, respectively, the Mayor and Village Clerk of the Village of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and said Eugene A. Coulter and Adolph Tessness 1 ' acknowledged said instrument to be the �ee-aq�t and deed of said corporation. Russell H. Larson, Notary Public%.• Carver County, Minnesota My commission expires June 12, 0' 5 • :1•��l'����Ruli- it .4 r I�� V EXHIBIT "B" COVENANTS AND RESTRICTIONS LAKE ANN AND LAKE LUCY LAKESHORE PUBLIC PARK LANDS No buildings or other structures, recreational or playground equipment, fireplaces, picnic tables or facilities, camping or swimming areas, recrea— tional fields, or boat docking or launching facilities shall be constructed an said premises; nor shall motorized travel, except for emergency and maintenance use, be permitted on said premises. The foregoing restrictions shall not prohibit the Village.of Chanhassen from the use of said premises for the construction, operation and maintenance. of municipal services thereon and therein not otherwise restricted, including but without limitation to, streets, curbs, gutters, pedestrian walks and benches, and sanitary sewer, storm sewer and water facilities. v- pU_C LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (612) 835-3800 4324 1 0 S CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 83S-3800 July 6, 1981 1101 CONNECTICUT AVENUE, N. W. WASHINGTON, D.C. 20036 TELEPHONE (202) 223-9398 City of Chanhassen Attn: Fran Callahan, Park Director 7610 Laredo Drive P.O. Box 147 Chanhassen, -Minnesota 55317 Re: Oakmont Property; Our File No. 9644-00 Dear Mr. Callahan: JAMES P. LARKIN STEVEN G. LEVIN ROBERT L. HOFFMAN CHRISTOPHER J. DIETZEN JACK F. DALY PETER K. BECK O. KENNETH LINDGREN RICHARD I. DIAMOND ANDREW W. DANIELSON JOHN R. BEATTIE WENDELL R. ANDER SON J 0 N S. SWIERZEWSKI GERALD H. FRIEDELL MICHAEL S. MARGULIES ROBERT B. WHITLOCK SAMUEL L. STERN ALLAN E. MULLIGAN THOMAS J. FLYNN ROBERT J. HENNESSEY RODERICK I. MACKENZIE RONALD R. FLETCHER MICHAEL D. SCHWARTZ JAMES C. ERICKSON FORREST D. NOWLIN EDWARD J. DRISCOLL JAMES P. OUINN JAMES P. MILEY MICHAEL C. JACKMAN GENE N. FULLER MARY E. CURTIN STEPHEN B. SOLOMON DANIEL A. OUINLAN JOSEPH W. ANTHONY JEROME H. KAHNKE DAVID C. SELLERGREN TODD I. FREEMAN JOHN D. FULLMER CATHY E. GORLIN ROBERT E. BOYLE JOSEPH T. GREEN FRANK 1. HARVEY ANDREW J. MITCHELL ROBERT T. MONTAGUE, JR., JAMES M. STROTHER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCHLER OF COUNSEL LINDA H. FISHER J05EPH GITIS THOMAS P. STOLTMAN LINN J. FIRESTONE w PRESENTLY ADMITTED ONLY IN PENNSYLVANIA I have discussed with our clients, the owners of the property known as Oakmont, the interest of the City of Chanhassen in acquiring lands owned by our clients along the southwest shore of Lake Lucy. I have transmitted to them the map prepared by Schoell and Madson, Inc. entitled "Lake Lucy Park - City of Chanhassen." I have also advised them of the uses to which the land sought would be put and the funding available for purchase. Our clients have absolutely no interest in either selling or giving any land to the City of Chanhassen. Ownership of lakeshore land is an obvious amenity for any landowner. As you may be aware, a substantial home has recently been constructed on the property. Our client objects to any public intrusion on its estate. Sincerely yours, David C. Sellergren, for LARKIN, HOFR-1AN, DALY & LINDGREN, Ltd. Sig cc: Russell Larson, City Attorney Don Ashworth, City Manager RECEIVED JUL - l 1981 CITY OF CHANHASSEN f LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST d RUSSELL,41-1. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ OF COUNSEL March 2 7 8 , lA j: r (612) 335-9565 .L ll.. HARE. SKAAR MARKK C C. MCCULLOUGH Donald W. Ashworth Chanhassen City Manager 4 , ;t ` L Box 147 Chanhassen MN 55317` Re: Oakmont"' Dear Don:1 rr�" Attached is a copy of the Oakmont contract Pat Swenson requested. You may wish to forward it on to her as I do not have her Naples address. Missing is Exhibit C of the cont r t which is a preliminary draft of the P-1 District section of the Zo ing Ordinance. V tr y ?ers , RUSSELL H. LARSON Chanhassen City Attorney RHL : ner enc cc: Pat Swenson 1a �12 34S 30 60'> CP P,n 98 L ] .� 0 CV+L�C'e OF, 'u HANHASstN, > MINN. �c�/ VILLAGE OF CHANHASSEN ` CARVER AND HENNEPIN COUNTIES MINNESOTA - AGREEMENT ,3 P i A — THIS AGREEMENT, Made this /, day of jep, 1974 between the VILLAGE OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the "Village"; and RONALD E. LYBECK, M. E. PARKS and A ELIZABETH.R. PARKS, his wife, and RICHARD B. LYMAN and MARY F. LYMAN, his wife, hereinafter collectively referred to as "Petitioners"; WITNESSETH, WHEREAS, Petitioners have submitted a petition to the Village Council to rezone the following described tracts of land, consisting of 186 acres from a FARM RESIDENCE DISTRICT to a RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance No. 1 as amended: D"SCRIPT103: South 1/2 of Northwest 1/4; horthwe;t 114 of therefrom 4R acres more or North- cast 1/4: Lots 1 and 2, Section 10' and Lot 3, Section 11. ToWnship 116, Range. 23 exceotinr, �NST,tu`:E1 less, described as follows: Commencing at the quarter section corner between Sections 9 and 10, said township and range: thence running North on said Section line 20.69.01ains to tine quarter quarter post thence East on the line between the ?:orth half and South half of the Northwest 1/4, Section 10, a distance of 27.50 chains to the middle of the Chaska and Excelsior Road; thence along said road South 20° 30' West 18.17 chains: thence South 3° 30' East 3.20 chains to the South line of said North-- west 1/4; thence West on said line 20.36 chains to;place of beginning, situated in South half. of Northwest 1/4, Section 10._ tooeche: wit:., streets and -alleys adjacent thereto, vdi_ated o. to be vacated. t. .RCEL 2: t T .... ... ._�.. .J� ...7 r. \i. t, ,. _. •4'.. ; `� _=�. �.:. i. _. .. .., .li :�•: i.:{i.i} lib �or�.Ii, �r(si1b:: ....i, -at Z114 :tio�:th l!4 i.,:_:,3i y Seez.or. lv, 'G'ir_Lhi,) 116 North: Range 23 .. - a th_rca southerly alonb the \o_ _.-Sout:. 1P, l,na of said Section 409.69 •feet of b,e �;.C�C:; :i'„ thence co :tinuino-iou-caerly almig North -South 1/4 : in,. feat -c0 a p0i'.:.::, th::::.ce wasterly on aline parallel with the South line of �'.:e :;:,_t 1/2 of the i/ti of _he NW 1/4 452.10 feet to the center line of t e . _..: ;a -'_or -Shakopee 'Road, tnerco northeasterly along the center line of the _.c_ <.io_-Sha.ka?ee Road 61.50 feet thence easterly and parallel with the South :a 'North 1J2 04. the NE 1/4 of the NW1/4 435.76 =eet to the point of ba- part of the NE 1/4 0 the NW 1/4 Section 10, Township 116 North, Range 23 C;Aver County, M.inn"ota, described as follows: c::c_ at cae N'o ch t/4 Corner Sec_.:.: 10 :o~a s .'o Ilb ' e ` :c _ ,:o_t:{, 'ang S ';ast ance southerly along the port:: -South 1/4 line of said Eectloa :69.77 feet to e 7oint of beginning, thence southerly along the North -South 1/4 line 200.26' to a point on the South line of ::he "ort:i 1/2 of the NE •114 or the NMI 1/4, westerly alora the South line o; the North 1/2 of the NE 1/4 of the h'W 1/4 faat to the center ltae of the Excelsior -Shakopee Road, th::ace rorzh- ��:rriy along the center line of the Excelsior -Shakopee load 207.86 reef therca _-.cam;may and parallel with the South line of the NE 1/4 of the NW 1/4 452.30 tD -,'-a pol:t of bebiLaiLd. _o easc.-aent fo, roadway purposes along the Excel.ior-Sha:copee Road. :...._. i".a land lying an' being in Section 3, Township lln, Range 23, describe'; :.7 0_.o s: Coaa:encin- at the intersection of the canter lira of Exceisio. 'oLd a:.d the South line of Section 3; thence Northerly along the of h Siiway to a pakat 14 fee': due North of the .South lint of s-i ii :. 3; thence East ;parallel with and 14 feet North from -the South line o 3 to a point 66 1/4 rods East of the North and South ( aster :i):e of accaon 3; thence north 477.6 feet; thence East 804.43 feet to ar, elm tree _., :{a co-rnz_ of a fence; the. ce due South 357 feet to an iron stake aet ir. .e ac ;:.e 'high wale, mecnce; line of Lake Lucy; thence Southwesterly ii2 a 14=a along said man :der lire 19' feet to a stake in the ground at zeauder line i ze_sects the South line of said Sector. 3; S:,ut:h ii^.e of Section 3 to the point of beginnin3. ,� a ......... .. . WHEREAS, Petitioners have been advised by the Village Council that' the classification of RESIDENCE DISTRICT "C" as defined in Chanhassen Township Ordinance No. I as amended r presently governing Land usage and '.`,�=',.:.;:�-•, .zoning within the Village, is inadequate to properly regulate and pontrol land - usage within the Village, and is deficient in the establishment of standards for the development of the Village; and WHEREAS, the Village Council has informed petitioners that a compre- hensive zoning plan and ordinance are presently being considered and that a revised zoning ordinance will be enacted within the reasonable future; and r that said proposed 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, said proposed zoning ordinance will include a zoning district designated as P-2, PLANNED UNIT DEVELOPMENT, and )&HEREAS, petitioners acknowledge that they have been fully apprised of the foregoing facts, have examined the regulations proposed under said P-2 zoning district, 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, regulations and controls be enacted by the Village Coungil . NOW, THEREFORE, in consideration cf the foregoing premises and' ,the mutual covenants of the parties as hereinafter set forth, it is hEr eby agreed: :..'.,.,:: , 1. In the event the Village Council enacts the proposed zoning ordinance, including said P-2, PLANNED UNIT DEVELOPMENT DISTRICT, and thereby establishes higher standards, more 'stringent controls and more comprehensive regulations, petitioners agree that the uses to which the foregoing tracts -3- 3b:s a 1, RHL . . 8/2 5/7 0 of land may be put shall be in strict accordance with all. such zoning and land use regulations as may be prescribed by said P-2 , PLANNED UNIT DEVELOPMENT District, and in accordance with the following additional terms and conditions:. a) That said tracts of land shall be developed solely for residential uses substantially in accordance with the Preliminary Plat for Oakmont, dated January 27, 1970, as prepared by Rieke -Carroll -Muller Associates, Inc. and designated "Oakmont Exhibit A" on file in the office of the Village Clerk. b) That of the 186 acres in said tracts, not in excess of 91 acres shall be developed for residential use upon which petitioners shall be authorized to construct not in excess of 2,800 residential units, said construction to comply with the regulations of said proposed P-2, Planned Unit Development district, and all other pertinent Village Ordinances and this agreement. c) That• the balance of said tracts consisting of 95 acres shall be reserved and developed as Common Open Space under the provisions of said proposed zoning ordinance, and said Common Open Space shall include the following: 1) Dedicated Public Open Space and public roads, including 3,950 feet of Lake Ann and Lake Lucy lakeshore to be dedicated as public park areas as shown on said Exhibit A. The dedication of said public park areas shall be subject to those conditions and restrictions as set forth on Exhibit B hereto attached and incorporated herein. 2) A golf course of. not less than 9 holes and not less than 2,900 yards in length. d) Building permits for multiple residential construction shall not be granted by the Village until a municipal sanitary trunk sewer is available to said tracts of land and until said trunk sewer is served by the proposed Chanhassen -Eden Prairie force main, .. or an alternative sewer main acceptable to the Village. 2. The Village Council shall undertake to presently rezone -the foregoing tracts to Residence District C, as defined in Chanhassen Township Ordinance No. 1 as amended; and that thereafter and upon enactment RHL 8/25/70 of the proposed zoning ordinance said tracts of land shall be in- cluded therein as a P-2 , Planned Unit Development district, the regulations of which shall be in substantial accord with Exhibit C, proposed P-2 , Planned Unit Development district, attached hereto and incorporated herein; and provided further, however, that said tracts shall be developed in accordance with the terms and conditions of this agreement. 3. 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 RICHARD B. VILLAGE OF CHANHASSEN By n Mayor ATTES Clerk STATE OF MINNESOTA ss COUNTY OF CARVER On this _ day of A , 1970, before me, a Notary Public,`:' within and for said County, personally appeared Ronald E. Lybeck, M. E. Parks, ` Elizabeth R. Parks, Richard B. Lyman and Mary F. Lyman, to me known to be the persons described in, and who executed the foregoing, instrument, and acknowledged that. they executed t t}1e Lre,-_ ascend eed. / .N otary Public LOOS` B_ OBERHAUSER —5_ Notary ►ubiiS,,Hennepin County, MMr. My Commission Expires May 23, 1977. �" k STATE OF MINNESOTA Ss COUNTY OF CARVER ) On this day of Jury, 19,11-0, before me, a Notary Public within and for said County, personally appeared Eugene A. Coulter and Adolph Tessness , to me personally known, who, being each by' me duly sworn, did say that they are, respectively, the Mayor and Village Clerk of the Village of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Village Council and said Eugene A. Coulter and Adolph Tessness acknowledged said instrument to be the fe t and deed of said..,". corporation. i . Russell H. Larson, Notary Public'-... Carver County,Minnesota ` My commission expires June 12, 1975 •� tiiV `, R E EXHIBIT "B" COVENANTS AND RESTRICTIONS l LAKE ANN AND LAKE LUCY LAKESHORE PUBLIC PARK LANDS No buildings or other structures, recreational or playground equipment,. fireplaces, picnic tables or facilities, camping or swimming areas, recrea— tional fields, or boat docking or launching facilities shall be constructed on said premises; nor shall motorized travel, except for emergency and maintenance use, be permitted on said premises. The foregoing restrictions shall not prohibit the Village -of Chanhassen: from the use of said premises for the construction, operation and maintenance. of municipal services thereon and therein not otherwise restricted, including but without limitation to, streets, curbs, gutters, pedestrian walks and benches, and sanitary sewer, storm sewer and water facilities. .4 LARKIN, HOFFMAN, DALY & LINDGREN, LTD ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (6121 835-3800 4324 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 83S-3800 February 2, 1981 1101 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C.20036 TELEPHONE (2021 223-9398 City of Chanhassen Attn: Don Ashworth, City Administrator Chanhassen Municipal Building 610 Laredo Drive Ch hassen, MN 55317 Re: �akmon Property Dear Mr. Ashworth: JAM ES P. LARKIN STEVEN G. LEVIN ROBERT L. HOFFMAN CHRISTOPHER J. DIETZEN JACK F. DALY PETER K. BECK D. KENNETH LINDGREN RICHARD I. DIAMOND ANDREW W. DANIELSON JOHN R. BEATTIE WENDELL R. ANDERSON JON S. SWIERZEWSKI GERALD H. FRIEDELL MICHAEL S. MARGULIES ROBERT B. WHITLOCK SAMUEL L. STERN ALLAN E. "PAT -MULLIGAN STEVEN J. SHAPIRO ROBERT J. HENNESSEY THOMAS J. FLYNN RONALD R. FLETCHER RODERICK 1. MACKENZIE JAMES C.ERICKSON MICHAEL D. SCHWARTZ EDWARD J. DRISCOLL FORREST D."OICK"NOWLIN JAMES P. MILEY JAMES P. QUINN GENE N. FULLER MICHAEL C. JACKMAN STEPHEN B. SOLOMON MARY E. CURTIN JOSEPH W. ANTHONY DANIEL A. QUINLAN DAVID C. SELLER G REN JEROME H. KAHNKE JOHN D. FU LLMER TODD 1. FREEMAN ROBERT E. BOYLE CATHY E. GORLIN FRANK I. HARVEY JOSEPH T. GREEN ROBERT T, MONTAGUE, JR. ANDREW J, MITCHELL JAMES M. STROTHER EMBER D. REI CH GOTT CHARLES S. MO DELL RICHARD A. FORSCHLER OFCOUNSEL LINDA H. FISHER JOSEPH GITIS THOMAS P."TIM" STOLTMAN LINN J. FIRESTONE ,PRESENTLY ADMITTED ONLY IN PENNSYLVANIA In our February 2, 1981, mail, I received a copy of the Chanhassen City Council agenda for the same date. It indicated under "Unfinished Business" proposed downzoning of the Oakmont Property. I immediately called Chanhassen City offices and the offices of the Chanhassen City Attorney to indicate that I had a prior conflict and could not appear. Neither you nor Mr. Larson was in your office. Nevertheless, I left a message, asking that.the matter be tabled until I could appear. On behalf of the owners of the Oakmont Property, I object to the insufficient notice of the item. I could not appear, due to a prior commitment. Even if I could, there was insufficient time for preparation. At the prior Council meeting, I was assured that I would have an opportunity to appear and present our client's position. I reiterate my objection and ask that I be given an opportunity to appear on behalf of the owners of the Oakmont Property. Sincerely, David C. Sellergren, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Sig cc: Paul Anderson Eddy Toboada CITY OF CHANHASSENo- 7610 LAREDO DRIVE • P.O. BOX 147 s. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 February 18, 1981 Larkin, Hoffman, Daly & Lindgren, Ltd. Attn: Mr. David C. Sellergren Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis, MN 55431 Dear Mr. Sellergren: I am in receipt of your letter of February 2, 1981, regarding the Oakmont property within the Cityof Chanhassen. Your request to have this item tabled was presented to the City Council. The item before the City Council was not the public hearing on the proposed downzoning. Such public hearing was held by the Planning Commission and you were afforded an opportunity to publicly speak at that time. A copy of the Planning Commission minutes, together with your statements and correspondence given to the Planning Commission, was forwarded to the City Council. This item was placed before the City Council at two previous meetings, both of which were subsequently rescheduled. The first time of rescheduling was per a request from yourself to provide for additional time. The second rescheduling occurred as a result of your'delivery.of a five page letter at the time of City Council consideration. The Council's position, that evening, was that there was -no way in which they could respond to a five page letter when delivered that evening. Further, in=tabling action on this item, the Council noted that such tabling was to allow for a response from the City Attorney's office. Mr. Larson then noted that other priorities given to his office by the Counciland conflicts within his office would not allow for reconsideration of this item prior to February 2, 1981. At no time between December 22nd and February 2nd am I aware of any correspondence, telephone calls, etc. regarding reconfirming or requesting preferred meeting dates for reconsideration of this item - this statement being made in light of the fact of your general knowledge as to City Council meeting dates and the City Council's desire to not unduly prolong a decision on this item. A copy of this letter as well as your letter of February 2, 1981, will be placed in the City Council's packet of March 2, 1981. This will not Mr. David C. Sellei en -2- ra Felartrary 18, 1981 be an action item, but simply one of reinforming the City Council of your comments of February 2, 1981. Should the City Council act to pull this item from the general information section of the packet (non -action item section) or should you wish to attend under the "Visitor Presentation" section of that agenda, the item would then be discussed on the merits of whether the item should be reconsidered or not. If reconsideration was approved, the earliest that the merits/disadvantages of downzoning could be considered would be March 16, 1981. Should a motion to reconsider not be made or should such a motion fail, the action taken by the City Council on February 2nd would remain intact. Should you have any questions, please feel free to contact me. Sincerely, Don Ashworth City Manager DA:k cc: City Attorney, Russell Larson CITY OF 3 CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: February 2, 1981 SUBJ: Downzoning from P-2 (Planned Unit Development District) to R-lA (Agricultural Residential District) Oakmont Property, West of Lake Ann Park and North of Highway 5 In 1980, the Planning Commission approached the City Council asking whether they should proceed with considering downzoning of properties where rezoning had occurred based on specific development proposals, but such developments have been inactive for the past ten year period. The Council instructed the Planning Commission to conduct such down - zoning hearings. Both the Oakmont development proposal and Sinnen development fall into the above catagory. The Planning Commission duly held a public hearing to consider down - zoning of the Oakmont property. Their recommendation, from that hearing, was that such downzoning should occur. A copy of the staff report, City Attorney's opinion, and Planning Commission minutes are attached. Following Planning Commission review, the item was scheduled for City Council action, but was tabled based on a request from the developers. A second meeting was set for City Council review of this item on December 22nd. That evening, Mr. Sellegren, representing the Oakmont owners, presented a.five page letter outlining the reasons the City Council should not consider such downzoning. Although the comments appear to be similar to those presented to the Planning Commission, the City Council, again, tabled action to allow the City Attorney to review the Oakmont response of December 18th prior to taking any action. At the rear of this packet is a response from the City Attorney's office to the letter presented on December 18th as well as that letter. The Council may wish to discuss whether the information presented in Oakmont's letter of December 18th or the attorney's response to such represents new information not considered by the Planning Commission. Should the Council determine that all or a portion of these two letters are new information, the Council may wish to refer this item back to Mayor and Council _2_ February 2, 1981 the Planning Commission. Otherwise, I believe the options open to the City have been clearly addressed in the Planning Commission recommendatior as well City Attorney's opinions. (See item no. 10 for locational map.) Y C_. D i LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINVNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ ('� OF COUNSEL January 29, 1981 HARVEY E. 5KAA.R MARK C. MCCULLOUGH Chanhassen City Council c/o Donald W. Ashworth, City Manager Box 147 Chanhassen MN 55317 TELEPHONE (612) 33S-9565. Re: Rezoning of Sirinen.& Oakmont Properties from P-2 to RlA Dear Council Members: 2930�31T�- J AN 1981 RECEIITEE VILLAGE OF. pHANMASSER ' MINN.. . "\I On December 22, 1980, the Council deferred action on the matter of the down zoning of the Oakmont and Sinnen properties from P-2 to R1A pending receipt from this office of the following opinion on the question of whether the Council has authority to down zone.. In considering this question, we have reviewed the Oakmont file, including the correspondence received from Attorney David C. Sellergren who represents the Oakmont interests. Most of Mr. Sellergren's points are directed to planning and platting aspects of the Oakmont.proposed development and are, therefore, matters solely for consideration by the Planning Commission and the Council. Hence, these aspects are not dealt with in this report.. On the legal question of whether the Council has authority to down zone these properties, we conclude that it has this authority. The Oakmont and Sinnen zoning siatus fall within the general rule of law which holds that there is no vested right in zoning. Property Research and Development Company vs. City of Eagan, Minn. 289 NW2d , 157 1980); Almquist v. Town of Marshall 308 Minn. 52, 245 NW2d 819 (1976); Vachon & Son, Inc. v: City of Concord, 112 NH 107, 289 A 2d.646 (1972), 50 ALR 3d 59 , 607 (1973 An owner may acquire a vested right in a specific zoning category for his property under the following circumstances: . a) The grant of a building permit coupled with the commencement of significant construction,or b) The expenditure of significant sums of money to develop the property. Neither of the foregoing "vested right circumstances" are applicable to the Sinnen and Oakmont properties. r Chanhassen City Council January 29, 1981 Page Two The fact that the Oakmont P-2 zoning is based on a contract does not abrogate the application to that property of the general rule cited above,as there are no "vested right circumstances" shown to exist with reference to P-2 zoning. e t my ur , RUSSELL H. LARSON Chanhassen City Attorney RHL:ner cc: David C. Sellergre4,Esq. CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 DATE: December 18, 1980 TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: Down -zoning of Oakmont Property APPLICANT: City of Chanhassen PLANNING CASE: P-062 The subject action was initiated pursuant to Section 14.07 of Ordinance No. 47 recognizing that P-2 zoning had been in place on the subject property for approximately ten (10) years, in which time no develop- ment activity occurred. As shown on the attached, the tax list from which the public hearing notification list is derived did not have the owner of record listed. To compensate for Partnership Investments, Inc.'s, absence at the public hearing, the Planning Ccamiission met with their representative at the meeting of December 3, 1980, to hear their concerns. From a planning standpoint, this office feels that it is in the best interest of Chanhassen to limit its sanctions for the future use of this property to that which is shown in the Comprehensive Plan indicating the subject property to urbanize in a residential manner and when the timing is appropriate from the standpoint of utilities and transportation. On page 5 of the December 3, 1980, Planning Commission minutes, the Assistant City Attorney, Craig Mertz, "felt property owners had entitlement to certain land use categories when action such as the obtainment of a building permit, significant construction, or substantial expenditures for development have been taken on the property." Additionally, he noted that with the proposal for 2� acre residential lots submitted two (2) years ago, he felt that Partnership Investments had abandoned their previous plan for 2800 units. The Planning Commission at their public hearing of August 13, 1980, moved to recommend that the City Council rezone the subject property Planning Report for P-062 Page 2 December 18, 1980 from P-2, Planned Unit Development District, to R-lA, Agricultural Residential District, and at their December 3, 1980, meeting moved not to reconsider their actions of August 13, 1980. In concurrence with the Planning Omission, I recommend that the City Council rezone the property to an R-lA status. BW:nr Geri LARKIN, HOFFMAN, DALY & LINDGBEN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (612) 83S-3800 4324 1 D S CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 1612) 835-3800 December 18, 1980 Members of City Council City of Chanhassen Chanhassen, Minnesota 55317 1101 CONNECTICUT AVENUE, N. W. WASHINGTON, O. C.20036 TELEPHONE (2021 223-9398 JAMES P. LARKIN STEVEN G. LEVIN ROBERT L. HOFFMAN CHRISTOPHER J. DIETZEN JACK F. DALY PETER K. BECK D. KENNETH LINDGREN RICHARD I. DIAMOND AN DREW W. DANIELSON JOHN R. BEATTIE WENDELL R. ANDERSON JON S. SWIERZEWSKI GERALD H. FRIEDELL MICHAEL S. MARGULIES ROBERT B. WHITLOCK SAMUEL L. STERN ALLAN E.'PAY'MULLIGAN STEVEN J. SHAPIRO ROBERT J. HENNESSEY THOMAS J. FLYNN RONALD R. FLETCHER RODERICK I. MACKENZIE JAMES C. ERICKSON MICHAEL D. SCHWARTZ EDWARD J. DRISCOLL FORREST D."DICK"NOWLIN JAMES P. MILEY JAMES P. OUINN GENE N. FULLER MICHAEL C. JACKMAN STE PHEN B. SOLOMON MARY E. CURTIN JOSEPH W. ANTHONY DANIEL A. OUINLAN OAVI0 C. SELLERGREN JEROME H. KAHNKE JOHN D. FULLMER TODD I. FREEMAN ROBERT E. BOYLE CATHY E. GORLIN FRANK I. HARVEY JOSEPH T. GREEN ROBERT T, MONTAGUE, JR. +. ANDREW J. MITCHELL JAMES M. STROTHER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCHLER OF COUNSEL LI NOA H. FISHER JOSEPH GITIS THOMAS P."TI M" 5TO LT M AN LINN J. FIRESTONE •PRESENTLY ADMITTED ONLY IN PENNSYLVANIA Re: Proposed Downzoning of Chanhassen Property from Classification P-2 to R-1A Our File No. 9644-00 Dear Council Members: Pursuant to a recommendation by the Chanhassen Planning Commission, you will be requested to review and approve a proposal for the downzoning of land in the City of Chanhassen commonly known as the Oakmont Property (the Property). Our client, Partnership Investments, Inc., is the current owner of the Property, and was first informed of the downzoning proposal in a letter dated September 5, 1980 from Mr. Robert Waibel, Chanhassen City Planner. The purpose of this letter to you as members of the Chanhassen City Council is to inform you that the proposed downzoning and Comprehensive Plan designation of the Property is a matter of grave consequence to our client, and to outline the effect this action will have on the legal rights of our client and on the citizens of Chanhassen. Our objections to the proposed downzoning and Comprehensive Plan designation can be summarized as follows: 1. The planned development design and controls embodied in an executed Agree- ment and the ordinance protect the site and the general welfare. 2. Contract rights exist pursuant to an executed Agreement dated June 16, 1970, between the City and the landowner. 3. The terms of the Agreement prohibit development until the City provides public sewer, a matter wholly within the control of the City. 4. Our client's failure to develop is entirely because no sewer has been provided to the property. 5. Our client's property and contract rights are being denied, therefore, by. the City's actions, both proposed and in the past. 6. The ordinance purportedly authorizing the downzoning was adopted after the Agreement and is, therefore, inapplicable. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Members of City Council December 18, 1980 Page Two 7. The Agreement approved a development plan which committed to the provision of substantial amenities including a golf course and 51% open space which cannot be obtained by the City under the proposed action and standard zoning. The remainder of this letter expands on these objections. Our client's paramount objection to the proposed rezoning is that it is entitled to development rights in the Property under an agreement negotiated in 1970 between the Village of Chanhassen, signed by its Mayor and the Village Clerk, and Ronald E. Lybeck, and approved by the Chanhassen Village Council on June 16, 1970 (the Agree- ment). Mr. Lybeck's rights have become our client's since it has acquired Mr. Lybeck's interest in the Property and the Agreement. This Agreement specifies that the Prop- erty, to be designated P-2, Planned Unit Development District, shall be developed only in accordance with terms and conditions specified therein. These include signi- ficant limits on the extent of permissible development, with a maximum of 91 acres out of the total 186 acres to be developed for residential use, and the mandatory dedication of major public amenities, including a nine -hole golf course and public open space consisting of public park areas and 3,950 feet of Lake Ann and Lake Lucy shoreline. The contract is further conditioned on the availability of a municipal sanitary trunk sewer serviced by an acceptable sewer main prior to the granting of any building permits for residential construction. We suggest that this Agreement is a legally binding contract which cannot be breached by the City. As noted above, significant portions of the Property have been reserved in an undeveloped state for public uses; relying upon its contract with the City of Chanhassen, our client did not develop or plan for the development of these areas. The City has induced reliance upon its contractual commitments, but the Planning Commission recommendation renounces the. commitments. We do not believe that a city is somehow beyond the reach of the law of contracts. The reasons offered by the City Planner for rezoning the Property simply do not support the conclusion that the terms of the contract run contrary to the City's interests. In its meeting of August 13, 1980, the Planning Commission adopted a resolution recommending that the City Council rezone the Property in light of the fact that sewer service was still not available for the Property and that development had not yet taken place even though ten years had pissed since the land was originally zoned for a Planned Unit Development (PUD). It is appropriate that the City recog- nize the importance of sewer service as a condition for the development permitted in the Agreement and that is why such a condition was included in the Agreement. Since the concern about sewer services is already expressed in the Agreement, precluding issuance of building permits until the sewer is in place, the protection of public health, welfare or safety cannot justify rezoning the Property merely because the sewer has not yet been constructed. In fact, the City Planning Commission in 1978 unreasonably rejected an estate -lot proposal (lots large enough for on -site systems) because of the existence of the P-2 zoning and Agreement. I .ARKIN, HOFFMAN, DAEY & LINDGREN, LTD. Members of City Council December 18, 1980 Page Three Moreover, it is the City's delay in procuring sewer service which has produced the ten-year span in which the only development on the Property has been the construction of a large single-family home.. It doesn't appear correct for the City to use its own delay to avoid its contractual.obligations under the Agreement. We suggest that the City is bound not to take any action inconsistent with its undertakings in.the Agreement. Our third objection to the proposed downzoning is that the proposal was made pursuant to a provision of the City zoning ordinance that was added approximately two years after the Agreement had been negotiated. This means that the performance of the developer is now being judged by standards that were created after the execution of the Agreement rather than utilizing the standards that were in effect at the time the Agreement was signed. This attempt to retroactively apply a new municipal ordinance becomes all the more unfair and burdensome in light of -our client's obligations under the Agreement. In the Agreement, the developer agreed to subject himself and the development to certain rules and ordinances that had not yet been adopted, which were attached to the Agreement in the form of the proposed PUD requirements. These restrictions did not include the retroactive legislation now being used to justify removal of existing development rights. Fourth, attention should be paid to the benefits and protection offered to the citi- zens of Chanhassen by the PUD designation and to the alternatives which might be faced if these advantages should be lost.. The Village of Chanhassen Zoning Ordinance No. 47, Section 14 defines the procedures to be used for zoning, platting and develop- ment in a P-2 district. These procedures provide for submission of detailed plans and reports by the developer to the City and for extensive consultation and approval of these plans by the Planning Commission and the Village Council. Approval of the final development plan by the Village Council is conditioned upon its finding all of the following: "1. The proposed development isnot in -conflict with the Comprehensive Village Plan; 2. The proposed development is designed in such a manner as to form a desir- able and unified environment within its own boundaries; 3. The proposed uses will not be detrimental to present and future land uses in the surrounding area; 4. Any exceptions to the zoning and subdivision ordinances are justified by the design of the development; 5. The planned development is of sufficient size, composition and arrangement that its construction and operation is feasible as a complete unit without dependence upon any other unit; 6. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which are proposed to serve the development; L.ARKIN, HOFFMAN, DALY & L.INDGREN, LTD. Members of City Council December 18, 1980 Page Four 7. The planned development will not have an adverse impact on the reasonable enjoyment of neighboring property." Section 14.05(5)(c). The objectives of the planned development ordinance include providing "the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning and subdivision ordinances without compromising the health, safety, order, convenience and general welfare of the Village and its resi- dents" and encouraging "the more efficient allocation and inovative use of common open space adjoining residential buildings in order that greater opportunities for better housing and recreation may be extended to the residents of the Village." Section 14.01. We encourage the City Council to assess these important provisions of the PUD ordinance and note the balanced and cautious approach they offer for the resolution of the difficult questions of permissible development. In any case, it should be remembered that a final development plan cannot be carried out without the approval of the Council. Because of the benefits and protection offered by the PUD ordinance, the Planning Commission should not be permitted to discard this classi- fication as an appropriate framework for dealing with the development of the Property. Fifth, the proposed downzoning should be considered in light of the site plan design for the Property. The particular site is characterized by unstable soils, shrubby swamp and an area designated as wetland.. The development plan originally proposed for the Property is highly sensitive to these conditions and provides for housing to be developed only in those areas that are capable of withstanding that development. Furthermore, the carefully planned residential development on the buildable land will make it possible to preserve and enhance the existing wetlands in other unstable areas. Should the City ultimately designate the Property for single-family detached homes or other very low density development, it is unlikely that the Property could be developed with the same sensitivity to the environment that a carefully prepared Planned Unit Development would provide. Furthermore, the current plan designates 95 acres, or over 50% of the entire site, for common open space. Under current Minne- sota statutory and case law, it is highly unlikely that the City would ever again be able to obtain without compensation an area exceeding approximately 50% of a privately owned parcel of land for community open space. Thus, the proposed downzoning would strip the community of Chanhassen of a major potential public amenity. Sixth, our client is fully prepared to develop in accordance with the Agreement and requests the provision of sewer so it can do so. Seventh, without regard to our client's contractual rights, it must be noted that our client has been a good neighbor in the. City of Chanhassen. The desire to be a quality developer is apparent in the first project that has been completed on the site. This is a large single-family home which is indicative of the design and quality that the developer hopes to bring to the entire project. Furthermore, the developer has tried to assist the City in meeting their needs in whatever way possible. An example of this is the land deeded to the City by the developer in order to build a pump station on the Property. LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Members of the City Council December 18, 1980 Page Five For the foregoing reasons, we request that the Chanhassen City Council disapprove the proposed rezoning as an abridgment of the rights of our client and as an action which would defeat the interests of the citizens of Chanhassen. Res tfully submitted, David C. Sellergren, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. ps/8998 ►`' DEC 1980 ta, It c t v� f - N CII.A JZ �1 M'Nnr Ali 6' 199Iq Minutes of the 12-17-80 Planning Carrmission Meeting Page 6 (11) :Oaknmb: Mr. Waibel said the subject district to be heard by the City Council. on December 22, 1980, for a The Planning Caani..ssion had previously reccavended the City down -zone the property. No further comrents were made. t was scheduled down -zoning. Council - (12) Near.:�.Mx retain: Mr. Waibel said this was a residential proposal; and proceeded to describe it. In response to Mr. M. ThaTpson, Mr. Waibel said the Near Mountain proposal had received preliminary development. plan approval from the Planning C rrLission and the City. Council in the last year. The Cc mission generally agreed with staffs recommendation that the project be maintained on an annual review list. (13) Sunnyslope;-Addition: Mr. Waibel described the addition and noted the City Council had. seta completion deadline of July 1, 1981, for the public improvements. He recommended this district be maintained on an annual review list until 70 to 80 percent of the building sites were absorbed and that the completion deadline for the public improvements be upheld. Discussion occurred on the Addition's road width. The Ccanmission agreed with staff s reco rendation but felt the district should remain on the annual review list until fully completed. (14) Sunrise•-}3eachnPoR D3: Mr. 1naibel described the district and noted the status saying it had received final development plan approval from the.City Council but there were various administrative items yet to be reviewed. He recommended the district be maintained on an annual review list until 70 to 80 percent of the building sites were absorbed. Mr. M. Thompson noted there was an excessive nunber of trees being removed from the site for development purposes. The Commission generally agreed. -with staff Is*recoimendation but stated the district should remain on the annual review list until 100 percent of the building sites were absorbed. (15) Sinnen Propertyz-- ( Hidden -Valley Estates-,) : Mr. Waibel described the district proposal and noted the Planning Cammmissio,n recommendation of down -zoning due to absence of development taking place was awaiting City Council review. The Commission maintained that recommendation-. (16) Saaratogai-Addition:4 Mr. Waibel described the addition and its status. He recommended the single family and duplex portions of the plan be removed from annual review because of their percentage of completion and that the apartment portions of the plan be maintained on an annual review basis. The Commission generally agreed. with staff s recommendation. (17) Waldrip-Addition F Mr. Waibel explained the proposed develop- ment and made the recommendation that should the present plans receive preliminary development plan approval, a development deadline such as two or three yearsshould be placed on the subject property so that down -zoning can be considered if this deadline. is exceeded. Should the present plans receive denial, down -zoning of the property to R-1, Single Family Residential District, should occur. The Commission generally, agreed with staff's recommenda- tion. 12-3-80 Planning Commission Minutes Page 3 Also, he had successfully used the proposed siding materials on other public buildings. Discussion occurred on the release of bids for the proposed construction. Mr. Hamilton moved to close the public hearing. Mr. M. Thompson seconded the motion. All voted aye. Motion passed. Mr. Boarman agreed with staff's recommendation that there be a 30-foot setback from Minnewashta Parkway and said grounds lighting would be provided as recommended. Mr. Hamilton moved to accept the proposed satellite fire station plan per staff recommendation with the exception the building be moved an additional 10 feet toward Highway 7. Mr. W. Thompson seconded. All voted aye. Motion passed. Sketch Plan Review, Replat Re(;uest of Lots 19_79_and .1960, Carver Beach, Margaret Rossina: Mr. Waibel explained the applicant was requesting ap- proval of the proposed replat to createcontinu.ity of ownership between Lots 1979 and 1960 that would guarantee access be- tween the easterly and westerly lots, if necessary. Mr- W. Thompson moved to hold a public hearing for the replat request by Margaret Rossing. Mr. Johnson seconded. All voted aye with the exception of Mr. Partridge and Mr. M. Thompson, who voted nay and indicated they would like to discuss the proposal with the applicant prior to a public hearing. Discussion, Oakmont Rezoning: Mr. Dave Sellergren, representative from Larkin, Daly, and Hoffman for the owners of the Oakmont property, reviewed a letter from himself submitted to the Commission only that evening. The owner of the property was Partnership Investments and they had a contract of purchaser's interest on the property. The bulk of the site is still on Contract - for -Deed. Mr. Sellergren said his client had not received notice of the last public hearing. His client, in 1977, sent a letter to the City saying they did want notice of such hearings. He noted one of the owners had begun construct- ing his home on the subject property and thus would have a personal interest in further development of the property. 12-3-80 Planning Commission Minutes Page 4 Mr. Sellergren said there was a contractual document between the City and his clients which was signed in 1970 regarding the property. He said the agreement had no prohi- bitions on its assignability and was his feeling, therefore, that the transfer was proper. Mr. Mertz responded the contract was assignable but what rights were connected with that was a totally different matter. Mr. Sellergren proceeded to say the contract signed in 1970 was premised on the provision of sanitary sewer facilities, which to date have not been installed. He further said there was a prohibition in the agreement itself by the City of any construction of multiple dwellings in the absence of sewer and it was encumbered upon the City to provide sewer. His clients had indicated to the City they were ready to develop and asked that sewer be provided. He said his clients' position had not changed. In response to Mr. J. Thompson, Mr. Sellergren said there was no actual corresondence between his clients and the City in 1972 when the new zoning ordinance was passed but it indicated in the agreement itself that there was a recognition that there was a new ordinance under consideration and agreement was made by his clients to subject themselves to the provisions of that new ordinance and the provisions to which they agreed at the time was attached as an exhibit to the agreement. Those provisions did not contain the provision for annual review and reversion of zoning. He felt the action requested to be passed by the City Council was pursuant to provisions not attached to the contract. Another point Mr. Sellergren raised was a question regarding land use. He said the contract provided for no more than 91 acres of development out of a total of 186 acres; over 50 percent of the site was dedicated for recreational and public use. The approved number of dwelling units was 2800 which could be applied on a gross density basis of 15 du/ac and on a net basis of 30 du/ac.. He was aware that those figures were not in keeping with the Comprehensive Plan and did not think plans were to develop at that high of a density; however, the concept of clustering and some increased density on the buildable land was desired. Mr. Sellergren felt the R-1A zoning category did not fit the site and PUD was the correct usage of the site with the concept of clustering around the more sensitive lands. He said that if his clients had to develop the property with single family dwellings, they would be hard-pressed to donate 50 percent of that area for recreational and public use. Mr. Mertz asked Mr. Sellergren if his clients were willing to waive any objection that they might have to not receiving notice of the previous public hearing and, if so, 12-3-80 Planning Commission Minutes Page 5 was he authorized to bind his client on that point; and, if not, it was his recommendation that another public hearing be scheduled by the Planning Commission. Mr. Sellergren said his client was willing to waive that objection because they appreciated the opportunity to come before the Commission that evening and they expect an opportunity to appear before the City Council as well. He further said he did have the authority to bind his client to such a waiving. Mr. Mertz then gave some background information to the Commission on the site. That information included a map which was not the map cross-referenced in the contract but it was a density sketch prepared for the property and was dated 1969..He explained the key features of the sketch and reviewed the 1970 contract/agreement with the Commission as well as the history of the site. Mr. Mertz felt property owners had entitlement to certain land use categories when action such as the obtainment of a building permit, significant construction, or substantial expenditures for development had been taken on the property. Mr. Mertz noted that two years ago Partnership Invest- ments was before the Planning Commission with a different development plan for the site which requested the establishment of 26 - 30 single family lots that were a minimum of 22 acres in size with the balance of the property in outlots. He thus felt Partnership Investments abandoned their previous plan for 2800 units. Discussion occurred on the amount of land to be dedicated as parkland. Mr. Mertz recalled the owners of the property could not go beyond the sketch plan stage because of City Council Resolution No. 911721, which dates back to early 1972 and says the Planning Commission was not authorized to process applications beyond the sketch plan unless sewer is imminent. Mr. Sellergren said the activity in 1978 with the proposal for single family lots was irrelevant because nothing had happened with it. Discussion occurred on the process - the property owners would have to follow to develop the site and the method of development. Mr. Johnson moved to reconsider the previous recommen- dation of the Planning Commission to the City Council to down -zone the Oakmont property from P-2, Planned Residential District, to R-1A, Agricultural Residential District. Mr. Hamilton seconded the motion. All voted nay. Motion failed. .r LARKIN, HOFFMAN, DALY & LINDGiRFN, LTD ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (612) 83S-3600 4324 IDS CENTER 1101 CONNECTICUT AVENUE, N. W. MINNEAPOLIS, MINNESOTA 55402 WASHINGTON, D.C. 20036 TELEPHONE (612) 835-3800 TELEPHONE (202) 223-9398 December 2, 1980 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive P. 0. Box 147 Chanhassen, Minnesota 55317 JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LINDGREN ANDREW W. DANIELSON WENDELL R. ANDER S ON GERALD H. FRIEDELL ROBERT B. WHITLOCK ALLAN E."PAT"MULLIGAN ROSERTJ. HENNESSEY RONALD R. FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY GENE N. FULLER STEPHEN B. 50LOMON JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLMER ROBERT E. BOYLE FRANK 1. HARVEY CERTIFIED MAIL Re: Proposed Downzoning of Chanhassen Property Our File No. 9644-00 Dear Bob: FRANCIS E.GIBERSON JAMES M. STROTHER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCHLER LINDA H. FISHER THOMAS P."TIM"STOLTMAN STEVEN G. LEVIN CHRISTOPHER J. DIETZEN PETER K. BECK RICHARD I. DIAMOND JOHN R. SEATTIE JON S. SWIERZEWSKI MICHAEL S. MARGULIES SAMUEL L. STERN STEVEN J. SHAPIRO THOMAS J. FLYNN RODERICK I. MACKENZIE MICHAEL D. SCHWARTZ FORREST O."DICK"NOWLIN WAYNE E. PROCHNIAK OF COUNSEL JOSEPH GITIS Pursuant to our discussion on November 25, 1980, we provide this letter to formally object to the proposed downzoning of certain land in the City of Chanhassen commonly known as Oakmont Property (the Property). The proposed downzoning came to the atten- tion of our clients, Partnership Investments, Inc. in a letter from you dated Septem- ber 5, 1980, in which you informed our clients that a public hearing had been held regarding the proposed downzoning. Since that time our office has had the oppor- tunity to review the various contracts and correspondence concerning the development of the Property from 1969 to the present. Based on our review of these records, it is our position that Partnership Investments, Inc. is entitled to development rights in the Property as they are delineated in the Development and Rezoning Agreement between the City of Chanhassen and Ronald E. Lybeck negotiated in 1970 (the Develop- ment Agreement). In the Development Agreement the City of Chanhassen authorized a planned unit development on 91 acres of the Property, with the remaining 95 acres to be preserved and developed as common open space for the benefit of the entire City of Chanhassen. Our client's opposition to the proposed downzoning is based on a number of factual and legal grounds. First and foremost, it is clear from the correspondence in 1969, 1970 and 1971, that the original plans for the Property were predicated upon the installation by the City of sewer improvements.and that the original owner was ready and willing to begin the first phase of development at that time. It was the City's responsibility to see that the sewer improvements were made and the fact that the City did not install the necessary improvements was, and still is, the key impediment to the development of the Property. Our second objection to the proposed downzoning is that this City action is being taken pursuant to a provision of the City of Chanhassen Zoning Ordinance that was added approximately two years after the original Development Agreement had been entered into. Therefore, the performance of the developer is now being judged by standards that were created after the execution of the Development Agreement rather than utilizing the standards that were in effect at the time the Development Agree- ment was signed. This attempt to retroactively apply a new municipal ordinance R LARKIN, HOFFMAN, DALY & LINI)GREN, LTD. Mr. Bob Waibel December 2, 1980 Page 2 becomes all the more unfair and burdensome in light of the developer's obligations under the existing Development Agreement. In that Agreement the developer agreed to subject himself and the development to certain rules and ordinances that had not yet been adopted. These were the proposed PUD requirements attached to the Agreement. These restrictions did not include the retroactive legislation now being used to remove the existing development rights. The third ground upon which we object to the proposed downzoning relates to the site plan design for the Property. The particular site is characterized by unstable soils, shrubby swamp and an area designated as wetland. The development plan origi- nally proposed for the Property is highly sensitive to that fact and provides for housing to be developed only in those areas that are capable of withstanding that development. Furthermore, the carefully planned residential development on the buildable land will make it possible to preserve and enhance the existing wetlands and other unstable areas. Should the City of Chanhassen ultimately designate the property for single family detached homes or other very low density development it is unlikely that the Property could be developed with the same sensitivity to the environ- ment that a carefully prepared planned unit development would provide. Furthermore, the current plan designates 95 acres, over 50% of the entire site, for common open space. Under current Minnesota statutory and case law, it is highly unlikely that the City of Chanhassen would ever again be able to obtain without compensation an area exceeding approximately 50% of a privately owned parcel of land for community open space. Thus, the proposed downzoning would strip the community of Chanhassen of a major potential public amenity. Fourth, we cannot overlook the fact that the City of Chanhassen did enter into the Development Agreement. This is a contract which is legally binding on the City of Chanhassen as well as the developer and it is the City's obligation to abide by its written contractual obligation. Finally, the developer has been a good neighbor in the City of Chanhassen. The desire to be a quality developer is apparent in the first project that has been completed on the site. This is a large single family home which is indicative of the design and quality that the developer hopes to bring to the entire project. Further- more, the developer has tried to assist the City in meeting their needs in whatever way possible. An example of this is the land deeded to the City by the developer in order to build a pump station on the Property. It is because of the foregoing reasons and the fact that we did not have a chance to participate in the public hearing which led to the proposal to downzone, that we would like to make an appearance before the City Council and present our position. Sincerely, / David C. Sellergren, fol LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. ps/0476 cc: Mr. Don Ashworth, City Manager City Clerk CITY OF CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: December 1, 1980 TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel SUBJ: Discussion, Oakmont Down -zoning PLANNING CASE: P-062 It is anticipated that Mr. Dav_ Sellergren of Larkin, Daly, and Hoffman, representing the owners of the subject property, will be present to discuss issues which have arisen since the last Planning Commission review of this item. Assistant City Attorney, Craig Mertz, will be present to answer all possible points raised by the applicant. BW:nr LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (612) 835-3800 4324 IDS CENTER 1101 CONNECTICUT AVENUE, N. W. MINNEAPOLIS, MINNESOTA ES402 WASHINGTON, D.C. 20036 TELEPHONE 16121 835-3800 TELEPHONE (202) 223-9398 October 28, 1980 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive P.O. Box 147 Chanhassen, Minnesota 55317 Re: Proposed Downzoning o Oakmon Property; Our File No. 9644-00 Dear Bob: JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LINDGREN ANDREW W. DANIELSON WENDELL R. ANDERSON GERALD H. FRIEDELL ROBERT B. WHITLOCK ALLAN E."PAT"MULLIGAN ROBERT J. HENNESSEY RONALD R. FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY GENE N. FULLER STEPHEN B. SOLOMON JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLMER ROBERT E. BOYLE FRANK I. HARVEY FRANCIS E.GIBERSON JAMES M. STROTH ER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCH LER LINDA H. FISHER THOMAS P."TIM"STOLTMAN STEVEN G. LEVIN CHRISTOPHER J. DIETZEN PETER K. BECK RICHARD 1. DIAMOND JOHN R. BEATTIE JON S. SWIERZEWSKI MICHAEL S. MARGULIES SAMUEL L. STERN STEVEN J. SHAPIRO THOMAS J. FLYNN RODERICK I. MACKENZIE MICHAEL D. SCHWARTZ FORREST D."DICK"NOWLIN WAYNE E. PROCHNIAK OF COUNSEL JOSEPH GITIS This is to confirm our telephone conversation of October 28, 1980. We have been in touch with the Owners of the Oakmont Property and will be meeting with them and their Planning Consultants on November 4, 1980, to discuss the preparation of a new proposal for the Oakmont Property. We anticipate that it will take us approximately one month to have a preliminary plan ready to take to the City Council. Therefore, we would like to request a delay in City Council's consid- eration until the first meeting in December, which I believe is December 1, 1980. If you have any questions or require any further information, do not hesitate to contact me. Sincerely, A4W. Ake Steven J. Shapiro, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Sig OCT tit? RECEIVD VILL 4Z a* YJ MINK cI �:"+ p- 003-x 71 Up p� Y..AI3KIN, HOFFMAN, DALY SC LINDG$EN, LTD. {' ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLI5, MINNESOTA SS431 TELEPHONE (6121 835-3800 43241DS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 1612) 835-3800 October 17, 1980 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive P.O. Box 147 Chanhassen, MN 55317 1101 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C.20036 TELEPHONE (202) 223-9396 Re: Proposed Downzoning of Chanhassen Property; Our File No. 9644-00 Dear Bob: JAMES P. LARKIN FRANCIS E.GISERSON ROBERT L. HOFFMAN JAMES M. STROTHER JACK F. DALY EMBER D. REICHGOTT D. KENNETH LINDGREN CHARLES S. MODELL ANDREW W. DANIELSON RI CHARD A. FORSCH LER WENDELL R. ANDERSON LINDA H. FISHER GERALD H. FRIEDELL THOMAS P."TIM"STOLTMAN ROBERT B. WHITLOCK STEVEN G. LEVIN ALLAN E,"PAT"MULLIGAN CHRISTOPHER J. DIETZEN ROBERT J. HENNESSEY PETER K. BECK RONALD R. FLETCHER RICHARD 1. DIAMOND JAMES C. ERICKSON JOHN R. BEATTIE EDWARD J. DRISCOLL JON S. SWIERZEWSKI JAMES P. MILEY MICHAEL S. MARGULIES GENE N. FULLER SAMUEL L. STERN STEPHEN B. SOLOMON STEVEN J. SHAPIRO JOSEPH W. ANTHONY THOMAS J. FLYNN DAVID C. SELLERGREN RODERICK 1. MACKENZIE JOHN D. FULLMER MICHAEL D. SCHWARTZ ROBERT E. BOYLE FORREST D.°DICK"NOWLIN FRANK I. HARVEY WAYNE E. PROCHNIAK OF COUNSEL JOSEPH GITIS This is to confirm our telephone conversation of October 17, 1980. We have been in touch with .the owners of the Oakmont Property to relay your message that the City Council intends to take action on .the Planning Commission report, perhaps as early as the evening of October 20, 1980. We had prepared and sent to our client an analysis of the current status of .the proposed downzoning of their property, based on information that I had gathered at our meeting a couple of weeks ago at the City Hall. Our clients have not had a chance to sit down with us to discuss the contents of that analysis and to thoroughly prepare a response to the Planning Commission action. However, our client is definitely interested in making a proposal to the City for some form of urban development on that property. Therefore, we would like to request that the City Council delay any final action on the Planning Commission report until at least November so that we may have a chance to fully discuss this matter with our client and prepare alternatives to the proposed downzoning. We believe that after the ten-year period that has elapsed, a two or three week extension will not adversely affect the City of Chanhassen. If you have any questions, please feel free to contact me. Thank you for your assistance. Sincerely, Steven J. Shapiro, for LARKIN, HOFFMAN, DALY & sjg LINDGREN, Ltd. "T 1980 ReCea ViLLAOR 09 CNAN hAS8jW c MINUTES OF THE REGULAR MEETING OF THE CHANHASSEN PLANNING COMMISSION HELD AUGUST 13, 1980, AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS Members Present: Chairman Horn, W. Thompson, J. Thompson, M. Thompson, A. Partridge. Members Absent: W. Johnson and T. Hamilton. Staff Present: B. Waibel. APPROVAL OF MINUTES Planning Commission Minutes of May 28, 1980: Mr. Partridge cited a change for paragraph 8, page 2, changing the first word of the second line to "flux." Chairman Horn cited a change for the last paragraph of page 10 to change from "low townhouses" to "row townhouses." Planning Commission Minutes of June 11, 1980: Mr. J. Thompson noted that a change should be made to page 2 on the fifth line from the bottom to read "program of least cost." Planning Commission Minutes of June 25, 1980: Mr. Partridge noted that he felt the minutes on the Lake Lucy Road watermain did not include a level of detail sufficient. for consideration of the subject and that it should be noted that the Planning Commission did discuss the matter at length as to the options in the proposal, costs, and its land use ramifications, and that the Planning Commission unanimously recommended to the City Council that the Lake Lucy Road watermain not be built and that the drilling of a well at pump house No. 3 is the most preferrable option. Mr. A. Partridge noted that the minutes should be corrected to say that the Waldrip proposal was not discussed but was mentioned. Planning Commission Minutes of July 9, 1980: Chairman Horn cited a change to Item No. 6 on the Holasek proposal to remove the word "indefinitely." Planning Commission Minutes of July 16, 1980: No corrections recommended. ZONING REVERSION FROM P-2 PLANNED UNIT DEVELOPMENT DISTRICT TO R-1A, AGRICULTURAL RESIDENTIAL 'D'I'STRICT,' OAKMONT "PROPERTY; PUBLIC 'HEARI'NG. Mr. Waibel presented the staff report on the subject item saying that the Planning Commission recommended that the City Council direct staff to proceed to invoke Section 14.07 of Ordinance 47 to revert the existing zoning to its previous zoning of R-1A, Agricultural Residential District. 8-13-80 Chanhassen Planning Commission Minutes -page 2 Mary Kurimchak, 7130 Utica Lane, stated general favor with the action to rezone the property to R-1A, Agricultural Residential District, and delivered a statement outlining her opposition at the time the PUD zoning was under review in 1970. She cited that the subject property has severe soil limitations for development. The Planning Commission discussed the fact that a zoning was placed on the properties in 1970 and that. sewer is still not yet available to the subject property. Mr. W. Thompson moved and Mr. Partridge seconded to recommend that the City Council rezone the Oakmont property from P-2, Planned Unit Development District, to R-1A, Agricultural Residential District. All voted aye. Motion carried. Planning Commission stated that, for the record, no one present was in opposition to the proposal. SUBDIVISION VARIANCE REQUEST, SOUTH 1/2 of SECTION 25, DAVID_ NICHOLAY. Mr. Waibel presented the staff report stating that the request be in need of numerous variances of Ordinances 45, 33, and 47, and also the City Attorney's Report of August 7, 1980, was entered into the record, which indicated four sections of the Ordinance to which variance would be needed if this request was to be granted. Mr. David Nicholay stated that the reason he was attracted to this parcel was because of its suitability for earth -sheltered housing. The Planning Commission inquired of staff the reasons for the standards of Ordinance 45 such as eligible parcels for building permits, frontage on a public street, etc. The Planning Commission inquired of staff what actions could be in order on this request and staff responded that Planning Commis- sion could (1) deny ordering a public hearing for the request, (2) recommend to the City Council that the staff be allowed to* research the question of the City's policies regarding the un- sewered areas of the city in anticipation of ordinance amendments, and (3) order a public hearing to consider the variances needed to build on this subject parcel at this time. Staff noted the" narrowness of the guidelines to which a variance can be given in this case and that such an action implies that the ordinances governing the unsewered area would be amended by precedent. Motion was made by Mr. W. Thompson and seconded by Mr. M. Thompson to hold a public hearing for a variance request. All voted aye. Motion carried. CITY -OF M. r: i 7610 LAREDO DRIVEoP.O 80X 1470CHANHASSEN. MINNESOTA 55317 (612) 474-8885 PLANNING REPORT TO: Planning Ccm fission and Staff FROM: Land Use Coordinator, Bob Waibel DATE: August 11, 1980 SUBJ: Zoning Reversion for Oakmont Property PLANNING CASE: P-062 As the Planning Commission is aware, Section 14.07 Subsection 2 of Ordinance 47 states that the City Council may direct the Planning Commission to initiate rezoning to the original zoning on properties upon which a planned development was approved and development has not occurred within a reasonable period of time. The develovnent plan for the subject property for approximately 2,800 residential units was approved on June 16, 1970. In light of the evolution of the planning practices for Chanhassen in the last ten years, I would reccx mend that the Planning Ccamzission reccesmend that the City Council rezone the subject property to R-1A, Agricultural Residence District. � � 3, LARKIN, HOFFMAN, DkLY c. LINDGREN, LTD ATTO R N EY S AT LAW 1500 NORTHWESTERN F-I'NANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55431 TELEPHONE 16121 835-3800 4324 IDS CENTER MINNEAPOLIS, MINNESOTA SS402 TELEPHONE i612i 635-3800 January 5, 1980 1101 CONNECTICUT AVENUE, N. W. WASHINGTON, O.C.20036 TELEPHONE 202: 223-9398 Russell Larson, Esq. 1900 First National Bank Building Minneapolis, Minnesota 55402 Re: Oakmont Property; Our File No. 9644-00 Dear Mr. Larson: JAM ES P. LARKIN STEVEN G. LEVIN ROBERT L. HOFFMAN CHRISTOPHER J. DIETZEN JACK F. DALY PETER K. BECK D. KENNETH LINDGREN' RICH.ARD 1. DIAMOND ANDREW W. DANIE1-S ON JOHN R. aEATTIE . WENDELL R. ANDERSON JON S. 5WIERZEWSK1 G ERALO H. FRIEDELL MICHAEL S. MARGULIES ROBERT B. WHITLOCK SAMUEL L. STERN ALLAN E."PAT" MULLIGAN STEVEN J. SHAPIRO ROBERT J. HENNESSEY THOMAS J. FLYNN R .^.. NALD R. FLETCHER ROD ERICK I. MACKENZIE _TAMES C. ERICKSON MICHAEL D. SCHWARTZ EDWARD J. DRISCOLL FORREST O."OICK NOIV_ `. .CAM ES P. MILEY JAMES P, OUINN GENE N. FULLER MICHAEL C. JACKMAN STEP EN B. SOLOMON MARS E. CURTIN JOSEPH W. ANTHONY DANIEL A. OUINLAN DAVID C. 5ELLERGREN JEROME H. KAHNKE JOHN D. FULLM ER TODD I. FREEMAN ROBERT E. BOYLE CATHY E. GORLIN FRANK I. HARVEY JOSEPH T. GREEN ROBERT T. MONTAGUE, JR. w ANDREW J. MITCHELL ,TAMES M. STROTHER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCHLER OF COUNSEL LINDA H. FISHER JOSEPH GITIS THOMAS P."TIM" STOLTMAN LINN J. FIRESTONE .PRESENTLY ADMITTED ONLY IN PENNSYLVANIA On December 22, 1980, the Chanhassen City Council tabled indefinitely the question of whether to re -zone from P-2 to R-lA property in Chanhassen known as Oakmont. The Council was interested in obtaining your comments. In addition to the matters pointed out in my letter of December 18, 1980, there are a couple of other items to which I invite your attention. First, Section 15.3, lc of the ordinance provisions attached to the Agreement governing the use of this property states that the rules for a Planned Unit Development shall not be changed after an application for preliminary approval has been filed by a landowner. Second, Section 14.07, Subsection 2, of the current ordinance by its own terms, is applicable only in the event of unreasonable delay after approval of a final development plan. In this regard, delay is reasonable since the Agreement mandates it in the absence of sewer; additionally, the City has never acted on a final development plan. Probably most important from_the City's perspective, it obtained a great deal from the landowner in 1970, specifically with.respect to recreational areas and lakeshore park. As I believe you are aware, such significant dedication and exactions would not be obtainable pursuant.to the 1980 amendments to the municipal subdivision statute. If it would be helpful, I am available to discuss this matter with you. Sincerely, 45678 David C. Sellergren, for ��rO LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. (,Fzc-^- JA�f198t �, sjg FWCEIVED cc: City Manager City Planner -CHANHASM% MR" ",4) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER Dori Ashworth , being first duly sworn, on oath deposes and says that he is and was on Jul-,.-_.31 _, 19 80 , 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 rezoning in the City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States 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 by other appropriate records. Z' IAZII� Subscribed and sworn to before me this day of 19 1-G Q tary Public ------------ lr KAR J. ENGELHARDT 1� NOTARY PUBLIC - MINNEWTA CARVER COUNTY My Commission Expires Oct. 11, 19"95 A Wirt. R. Both 6921 Galpin Lk Blvd Excelsior, MN 55331 Richard B. Lyman II I 841 Oriole Lane Chaska, Mn 55318 Richard B. Lyman et al Northern Association 639 Melody Lane Naperville, Ill. 60546 Joseph E. Johnson 7021 Galpin Blvd. Excelsior, MN 55331 ii Richard J. Lyman 2608 First Nat'l Bank Bldg. Mpls., Ym. 55402 M. J. Gorra 8980 Cty. rd.. IS Eden Prairie, M 55344 -Dlexle R. Steller Rt. 5 Box 218 Excelsior, MN 55331 Hedge R. Brenden- Rt. 5 Box 209 Excelsior, M 55331 Reinhold Guthmiller' 1801 W. 67th St. Chanhassen, -,,IN 55317 CITY OF 5 CHANHASSEN 7610 LAREDO DRIVEeP 0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 30, 1980 TO: Don Ashworth, City Manager FROM: Bob Waibel, Land Use Coordinator SUBJ: Oakmont Zoning Reversion PLANNING CASE: P-062 Attached please find an excerpt from the Planning Commission i ut-Ps of April 16, 1980, wherein the Planning Ccm-nission moved to recamenc teat the process be initiated to rezone the Oakmont PUD property back to its original zoning category of R-lA, Agricultural Residence District. Section 14.07, Subsection 2 of Ordinance 47 states "If the Village Council finds that development has not occurred within a reasonable time after approval of the final development plan, the Village Council may instruct the Planning Commission to initiate -rezoning to the original zoning district by removing the planned district zoning." The plans for Oakmont upon which the P-2 zoning category was authorized, contained permissions to construct no more than 2,800 residential units and a golf course on the 186 acre tract of land. This development was approved on June 16, 1970, and no action has occurred. i�:;�3R �'� ri:ty �iPfl�Tl;Sti3tfN Ll `lE .cJ�il'L'ae t0 ifit%T!:>Sti7fl L'7 ars;tt:d to C�tirc;i Excerpt from the April 16, 1980, Planning Commission Minutes: "A motion was made by Art Partridge and seconded by William Johnson that the City of Chanhassen conduct a public hearing to revert the zoning status of the Oakmont property from P-2 to R-lA Agricultural. Motion unanimously approved." � 5 R i eEL : H. La$Box ATTORNEY AT �.A4V': 1900 FIRST. NATIQNAL BANK BVILD.INO MINNEAPOOS, MUNNESoTA 55402 RUgSELL H. LAR50N AREA `CgDE 612 C RA4G M. MERTZ LELEPHONE 335 .6..4 May 3,.1977 Ref: Zoning` Mr. nonald W. Ashworth Chanhassen City Manager Box 147 Chanhassen,.Minnesota 5531.7. Dear Don: I received a phone' call from Capt. Wallin., who reported. -,that :a rock concert was held on the.Oakmont Lybeck'property on'Hghway 117 north of Highway 5 on the . evening of Saturday, April-. 30, .1.977 . The concert was apparently 'a well -organized affair with -large. .quantities of beer on tap, live music,. chemical.toi.Iets,Wand a• parking lot full' of at least 500 cars. Capt. Wallin reports ,- that. persons came'.from'as:far as St. Cloud.to attend the:coneert on the basis of flyers which were apparently distributed jn'.youthful, circles. Capt. Wallin asked that this office bring a.misdemean'rfpubl.c nuisance abatement action°against the owners of -the p'Qpaict'y and the promoters.' The purpose of the action. would be to ` I�e�ve as. a deterrent -'a" ga nst future such events. Capt. Wal:lin..is nq_ conducting.`. an investigation to learn the names and addresses of the promoters: :of the rock concert. Depending on the res.ultp of Capt.-Wallin's nve's+tigaiioni we will be asking you for authority to commence -a lawsuit 4gai.nat the owners of the property and the promoters. Very truly -yours., RUSSELL H. LARSON From: City Administrator Referred To. Mayor Council ,,�. Craig . Mertz Planner ; i' Assistant Chanha,ssefl City Attorney Building CMM • mep Attor n::y Englnrer Psi ,bt , Y1977, Parks & R -C M� r strf Ei Halnt o r.{ 1,CL Utilities -fm IxeP• y.' lryl!«.i:i►r�B*� t Other y MIN& �s L•JlL 1 1""") �bo (,AIMIN, 11OFFNiAN, DALY L"�- I. N1)(,111I.N, 1X1) A T T O R N E Y S AT L A W 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA S5431 TELEPHONE 1612) B35-3800 4324 IDS CENTER 1101 CONNECTICUT AVENUE, N. W. MINNEAPOLIS, MINNESOTA SS402 WASHINGTON, O.C.200313 TELEPHONE (612) 635-3800 TELEPHONE (202) 223-9398 January 5, 1980 Russell Larson, Esq. 1900 First National Bank Building :linneapolis, Minnesota 55402 Re: Oakmont Property; Our File No. 9644-00 Dear Mr. Larson: .)AM ES P LARKIN STEVEN G. LEVIN i lt)UERT L. HOF FMAN CHRISTOPHER J. DIETZEN JACK F. DALY PETER K. BECK D. KEN N ETH LINDGREN RICHARD 1. DIAMOND ANOREW W. DANIELSON JOHN R. BEATTIE WENDELL R. AN DERSON JON S. SWIERZEWSKI GERALD H. FRIEOELL MICHAEL S. MARGULIES ROBERT B. WHITLOCK SAMUEL L. STERN ALLAN E."PAT" MULLIGAN STEVEN J. SHAPIRO ROBERT J. HENNESSEY THOMAS J. FLYNN RONALD R. FLETCHER RODERICK 1, MACKENZIE JAMES C, ERICKSON MICHAEL D. SCHWARTZ EDWARD J. DR15COLL FORREST O."DICK"NOWLIN JAMES P. MILEY JAMES P. OUINN GENE N. FULLER MICHAEL C.JACKMAN 5TEPH EN B. SOLOMON MARY E. CURTIN JOSEPH W. ANTHONY DANIEL A. OUINLAN D AV ID C. SELLERGREN JEROME H. KAHNKE JOHN D. FU LLMER TODD 1. FREEMAN ROBERT E. BOYLE CATHY E. GORLIN FRANK 1. HARVEY JOSEPH T. GREEN ROBERT T. MONTAGUE, JR. • ANDREW J. MITCHELL JAMES M. STROTHER EMBER D. REICHGOTT CHARLES S. MODELL RICHARD A. FORSCHLER OF COUNSEL LINDA H. FISHER JOSEPH GITIS THOMAS P."TIM" 5TOLTMAN LINN J. FIRESTONE n PRESENTLY ADMITTED ONLY IN PENNSYLVANIA On December 22, 1980, the Chanhassen City Council tabled indefinitely the question of whether to re -zone from P-2 to R-lA property in Chanhassen known as Oakmont. The Council was interested in obtaining your comments. In addition to the matters pointed out in my letter of December 18, 1980, there are a couple of other items to which I invite your attention. First, Section 15.3, lc of the ordinance provisions attached to the Agreement governing the use of this property states that the rules for a Planned Unit Development' shall not be changed after an application for preliminary approval has been filed by a landowner. Second, Section 14.07, Subsection 2, of the current ordinance by its own terms, is applicable only in the event of unreasonable delay after approval of a final development plan. In this regard, delay is reasonable since the Agreement mandates it in the absence of sewer; additionally, the City has never acted on a final development plan. Probably most important from the City's perspective, it obtained a great deal from the landowner in 1970, specifically with respect to recreational areas and lakeshore park. As I believe you are aware, such significant dedication and exactions would not be obtainable pursuant to the 1980 amendments to the municipal subdivision statute. If it would be helpful, I am available to discuss this matter with you. Sincerely, 0: t� C r David C. Sellergren, for r.) JAN1981 LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. kzslvv�o RECEIVED LAGE f8NHASS IONiccg City Manager M1NN.City Planner P SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 5534-- August 23, 1969 Mr. Adolph Tessness, Clerk -Administrator Village Hall Chanhassen, Minnesota 55317 Oakmont Proposed Development Plan Dear Mr. Tessness: A week ago we received a copy of a new layout of the Proposed Oakmont development owned by Mr. Ron Lybeck and prepared by Midwest Planning & Devel- opment, Inc. Mr. Kirscht of that firm indicated he had presented the plan to the Planning Commission, and that the Commission requested our comments, particularly future sewer construction to serve the area.. We asked for some additional information, and received some of the facts requested, copy of reply enclosed. At this time, with the exhibits presented, it appears that our comments would have to be general only: 1. A development such as proposed would, without doubt, have to have public sanitary sewer and water in order to be feasible. 2. Sewage in the quantity developed in such a planned area could not be treated in the present or immediate -planned treatment facili- ties in Chanhassen. Therefore, this development should be sched- uled at such time as the Riley Creek Interceptor now under design by the SSSD becomes a reality. This would be not earlier than February, 1972, under the present tentative schedule. 3. Further sewer construction by the Village, the Lake Ann Trunk, would be needed to serve this area. 4. Water does not present as serious a problem --it could be provided by an initially independent water system, which could later be connected to the Village system. An elevated tank would be needed in the development area or nearby, and two wells. 5. Other facilities, not mentioned in the planning documents, but prob- ably considered by the developers, would have to be provided: �CHOELL & MAOSON.INC. Mr. Adolph Tessness Page 2 August 23, 1969 5. (Cont.) A. Additional school building. B. An upgrading of County Highway 117 south to State Highway 5. C. Possible additional rezoning within this area or nearby for such things as convenience shops, service stations and the like. We aren't aware that your building code makes provision for high rise_. multiples. It would seem intelligent that some b-asic minimum requirements be thought out and adopted for this classification, which should include type of building construction, minimum land area per unit, off-street parking re- quirements, minimum size units, etc. Submission of proposals of this kind emphasizes the necessity for begin- ning the study of water and sewer facilities as soon as possible. It might be in thVillage interest to inquire at the HUD Chicago office as to the sta- tus of Chanhassen's application for the planning funds. Our general impression of this proposal is that it appears slightly am- bitious in planning as many as 2,800 residential units on that tract. We don't believe that land values have progressed to the point that it is nec- essary to build high rise structures in the Chanhassen area at this time, in order to justify land costs. When more detailed development plans are submitted, we can comment in exact terms as to utilities needed, highway and traffic changes, etc. WDSchoell:sd Very truly yours, SCHOELL & M1ADSON, INC. C. cc: Mr. Robert Scholer, Chairman, Planning Commission Vidage o f CItanka.4.4tw Nox 147 Ckanhaa-ien, .iinneiota 55317 Zeleplione: 474-9 8 8 8=5 August 22, 1969 To: Members of Planning Commission Re: Review of Oakmont Development proposals regarding dedication of public park land and open space concept In a letter dated August 14, 1969, from your Chairman, Bob Scholer, to Harvey Will, Chairman of Park and Recreation Commission, it was requested that our Commission submit our comments and recommendations regarding the most recent proposed land use for Oakmont. At our last Commission meeting on August 19 there was thorough discussion of the Oakmont plan together with a report by those members of our Commission who were present at your August 12 meeting. A review of the Oakmont proposal was also made by Chanhassen Park Planner, Brauer and Associates, who submitted a written report containing comments and specific recommendations. A more complete review of the Oakmont plan by the Park and Recreation Commission can be made available at your request following your meeting of August 26. There are several recommendations which will be made by our Commission at next weeks meeting. However, at this time we feel that our general comments regarding the plan are more important to the overall approval of the total Oakmont concept. In brief, the reaction of the members of the Park and Recreation Commission to the proposal is most favorable. We feel that it is in agreement with our Park Plan and total open space concept and feel that Mr. Lybeck is to be commended for his efforts in attempting to comply with the Village Park and open space objectives. In Mr. Brauer's report to our Commission he concluded with the following statement: "This is obviously a fantastic change for the better in the direction of things for Chanhassen Park system development. It should be approached as positively as possible". Members of our Commission will be present at Tuesday evenings meeting. Yours very truly, {�ZJ z:-Z,v Steven J. Wo f Vle .Ta.teot C'Powi�tg c�u6ur�a it The e�02A.,dember .ram ) U V � 2 � OAI_ � August 21, J�r Park Board Village of Chanhassen Chanhassen, Minnesota 1969 RE: Oakmont Develo ment Review a e ica ion Proposals Gentlemen: Although we have had the plan proposal before us for on y one day we offer the following comments and specific recommendations - PLAN COMMENTS This is a much more realistic and economically attrac- tive proposal for both the developer and the Village and the Village should take a positive attitude to- ward it. 2. We will limit our review to the park (dedicated) open space, and the public use of the private open space only, and not consider the other facets of design review to be covered by the Village Planner. Because it is a plan concept we have not scaled areas, W but have accepted the figures shown under "Develop- a ment Data" on the print. An accurate plat or deed — description should be required for all public park o lands before granting final approval. ti SPECIFIC RECOMMENDAT: ..:. -- 1 ti Q W \\1 Q 1. The full 7% park dedication should be required. As long as the developer is getting credit for all of m 1 the other open space in multiple density computation, PLANNERS 0 ENGINEERS ❑ LANDSCAPE ARCHITECTS Chanhassen Park Board August 21, 1969 he is actually "using" that space, or perhaps more accurately, being permitted to build units to accomo- date people who need that space. About 13 acres would equal 7%, compared to the 10 acres proposed. The fact that this particular land is the "most valu- able" part of the site, is not a factor since it will be used more by the people in this development than by all of the rest of the community, in addition to the private park space. A drive around the Minneapolis lakes will verify this point. It is the most "valuable" part, that's why its use should be the most "valuable" -- public open space. (See No. 6) 2. The additional acreage should be added as follows: a. Area "X" should be added in order to eliminate a plan situation that cannot exist in fact. The "point" of "private park" between the street and the public -park would be -ontinuaily crossed and would not be effectively utilized in the private park development either. For the same reason, area "Y" should be added to the private develop- ment site, area "A". b. The park space between the proposed street and the lake averages about 100 feet in depth from curb line to lakeshore, as shown. Vie would prefer a space of 200 or better 250 feet here, but would recommend that you agree to the largest dimension that will provide the 13 acre requirement, con- sistent with our comments under (3) below. Some important considerations are not shown on the plan. First, where is the meander line, that ine which represents the only fixed boundary reference points around a body of water. land descriptions, deeds and other legal requirements must be referenced to the meander lines and corners, if not on this plan, then surely on the preliminary plat to be submitted next. An equally important consideration is the "ordinary high water mark" of this lake. Although an official elevation may not have been established, a determ- ination should be made. If it appears that the road maybe too near or even possibly encroaching upon the lake, a revision in alignment should be required. The public already has access rights to that space between the "ordinary high" water level and the actual water level, so any dedication or acquisition should be measured from the "ordinary high water mark". Chanhassen Park Board 3 August 21, 1969 c. Area "Z" should also be wider, although most of the additional acreage should be added between the road and the lake. (See No. 5, below) 3. The road along the lake need not be parallel to it. As a matter of fact, it should not be parallel unless the topography is also uniformly parallel. Both the park and the private spaces would be more attractive and useful if the road compliments the topography by approaching the lake at one or two points and then swinging farther away in order to average out the area proposed for park. By creating wider spaces in the park it will be possible to create a "park" feeling and make better use of the area then will be possible with a uniform strip of land as shown. Since we don't have the topography we can't anticipate How this re- commendation might alter the road alignment. The exist- ing trail along the lake follows the topography fairly well and might serve as a guide for the proposed street if it is properly set back from the lake. 4. If we are still considerin this location for a major community park,..(less golf the Village should consider additional acquisition o,f tract "A" as a link to future park area to the south. The "possible road access" shown as the west boundary of tract "A" will, I'm sure, be required by the Village since without it there would be no street connections with future development to the south at all. 5. If the major community park (less golf) is to be located elsewhere, and area "A" not acquired, the Village should request a second street right-of-way to connect to south be provided between areas "A" and "Z". Streets are preferred as boundaries for park property, and the possibility of a lakeshore drive nearly around the lake should not be eliminated. 6. The Village should require additional (perhaps 50% greater than ordinance requirements) set backs for all structures fronting on the lake shore drive, so that the drive be- comes a parkway with a more open feeling. This would create the effect of a larger park space. You might use this as a bargaining point when acquisition of additional park area gets tough as we know it will. For all practical purposes, an additional 50 feet of set back on structures along the lakeshore drive would be nearly as valuable as another 50 feet of park property. This is true because the linear space is not useful for any kind of facility development, but simply adds orna- mental park space and access to the lake to the park system. Chanhassen Park Hoard August 21. .1969 7. In addition to the legal safeguards to prohibit future development of "private" open space and golf areas, public pedestrian access should be granted in a manner which will permit a public, lakeshore walk as far around both lakes as possible. Keeping the "public" out of the "private" lakeshore park area won't be as difficult as it might appear primarily because the most numerous and frequent users will be the residents of this development. -A pedestrian easement for a lake - shore walk (20 feet is sufficient) will not complicate the "private" area enforcement problem at all. go 9. The golf club-h use, poopand tennis courts will no likely be built as shown. Pools and tennis courts will more likely be incorporated into the design of each multiple dwelling group. Pools and tennis courts are not compatible with golf --public or private, and would not be an asset to the golf course or the Village recrea- tion and park system in this location. 10. The "bridal" (I suppose thats bridle) paths pose another problem not covered by park ordinances now. If the stable is developed and operated, the riders will be in the public park space. Some regulation will be re- quired at that time. In our plan concept we had shown ythe golf -riding area to be connected to a linear, ped- estrian park -trail. If this comes about it should probably be a riding trail as well as pedestrian. Should the golf course become public, the closely re- �tiv'°� J,i`' 1 ated riding trail would be a liability that the Village could not permit, both from the point of view of accidental M C injury of horses and riders, and the equally disasterous damage to the course from straying riders. Connection to a Village -wide riding trail system in that case could VyAll 10V save the stable operation vU' �' The golf course will ultimately become a Village facility, or revert to some other use as land values increase in the future. For this reason, and because it occupies the major drainage course for the entire development, and the Village will want to review construction details and issue construction permits under land alteration or development ordinances. Building set backs from proposed property lines should be carefully considered at that time, when play patterns can be projected and evaluated. n Chanhassen Park Board 5 August 2.; 1969 11. Snowmobiles are a more likely user of the trail system, if developed. They are beginning to be year-round machines and pose similar liability and damage problems adjacent to a golf course. Again, the Village needs to begin thinking about regulation and provision for trails and facilities. 12. Actual title to the land, preferably through quit -claim deed; must preceed or be concurrent with any zoning. "Conditional" zoning is not legal, so that the Village cannot grant zoning today on the basis of some future condition, such as dedication of park lands. CONCLUSIONS This is obviously a fantastic change for the better in the direction of things for Chanhassan park system development. It should be approached as positively as possible. With this project as a precedent, we should not have any difficulty in acquiring the balance of the Lake Ann Lakeshore as property is developed, and can concentrate on getting other property where development threatens. This is only a very preliminary presentation and we should be available for a more detailed review of the actua platting and legal descriptions of park areas to be ded- icated. BRAUER & ASSOCIATES, INC. Donald G. Brauer, P.E. President py t E 11111111111111/WRI P " I0 .%W N: W—1 MIDWEST PLANNING AND RESEARCH, INC. L A N D P L A N N I N G A N D U R B A N R E S E A R C H C O N S U I�F'"A N T S 430 Oak Grove, Suite B-3 • Minneapolis, Minnesota 55403 • Yelephone(612) 333-8166 August 28, 1969 Mr. Adolph Tessness Clerk Administrator Village of Chanhassen Box 147 Chanhassen, Minnesota 55317 Dear Mr. Tessness: Enclosed please find three prints showing the Proposed Development Plan, the Land Use Plan and the Existing Condition Plan for the project in Chanhassen. These are for your records showing the design development at this stage. Respectfully submitted, MID ST PLANNING D RESEARCH, INC. David Kirscht, M.L.A. DAK/kam enc. St. Paul, Minnesota 55119 Madison, Wisconsin 53704 Casper, Wyoming 82601 3000 Hudson Road, Suite 206 • 3129 E. Washington Ave. • 136 South Wolcott St. Telephone: (612) 739-9350 Telephone.(608) 244-2281 Telephone: (307) 234-1905 U "lage o f atanha,4a'h Sox 147 aiankaaaen,-41inneaota.55317 Zelepltone: 474-902V 8 8 M August 22, 1969 To: Members of Planning Commission Re: Review of Oakmont Development proposals regarding dedication of public park land and open space concept In a letter dated August 14, 1969, from your Chairman, Bob Scholer, to Harvey Will, Chairman of Park and Recreation Commission, it was requested that our Commission submit our comments and recommendations regarding the most recent proposed land use for Oakmont. At our last Commission meeting on August 19 there was thorough discussion of the Oakmont plan together with a report by those members of our Commission who,were present at your August 12 meeting. A review of the Oakmont proposal was also made by Chanhassen Park Planner, Brauer and Associates, who submitted a written report containing comments and specific recommendations. A more complete review of the Oakmont plan by the Park and Recreation Commission can be made available at your request following your meeting of August 26. There are several recommendations which will be made by our Commission at next weeks meeting. However, at this time we feel that our general comments regarding the plan are more important to the overall.approval of the total Oakmont concept. In brief, the reaction of the members of the Park and Recreation Commission to the proposal is most favorable. We feel that it is in agreement with our Park Plan and total open space concept and feel that Mr. Lybeck is to be commended for his efforts in attempting to comply with the Village Park and open space objectives. In Mr. Brauer's report to our Commission he concluded with the following statement: "This is obviously a fantastic change for the better in the direction of things for Chanhassen Park system development. It should be approached as positively as possible". Members of our Commission will be present at Tuesday evenings meeting. Yours very truly, Steven J. Wolf aJ Reere14ion Member ��ie a�ieit rowcn u ur n e Ou cuea MIDWEBT PLANNING AND R,EI3LARCH, INC. L A N D P L A N N 'I N G. A N D U R B A N R E 5 E A R' C H CON S U LTANTS 430 Oak Grove, Suite 8-3 • Minneapolis, Minnesota 55403 • Telephone (612) 333-8166 August 19, 1969 Mr. Bill Schoell Schoell and Madson, Inc. 50 9th Avenue South dopkins, Minnesota 55343 Subject: Oakmont Proposed Development Plan ,`ear Mr. schoell: 6iclosed is a composite print of the proposed development plan and the topo which you requested. Soil boring information is in report form with boring locations on another base which we used for reference. Additional information you requested follows: - Total number of dwelling units ro be a maximum of 2,800, ranging from town- houses to high rise is proposed. - Location of various types of buildings has not been determined and will be ultimately aeperdent on soil conditions. - No bu ildings are contemplated in the private or public park areas. - Staging of the development will probably take place over a 10 year period and is dependent on sanitary sewer which is desired by 1972. - With approval of this plan in the very near future, golf course details and construction are planned to commence this fall. Let me know if you aesire more information. Sincerely, MIDWEST PLANNING AND RESEARCH, INC. David A. Kirscht, M. L.A. Enclosure cc. Mr. Ronald Lybeck St. Paul, Minnesota 55119 Madison, Wisconsin 53704 Casper, Wyoming 82601 3000 Hudson Road, Suite 206 • 3129 E. Washington Ave. • 136 South Wolcott St. Telephone: (612) 739-9350 Telephone.(608) 244-2281 Telephone: (307) 234-1905 p SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON I PHONE 938-7614 - 50 NINTH AVENUE SOUTH -, HOPKINS, MINNESOTA 5534 August 15, 1969 Midwest Planning and Research, Inc. Attn: Mr. David A. Kirscht, M. L. A. 430 Oak Grove, Suite B-3 Minneapolis, Minnesota 55403 Subject: Oakmont Proposed Development Plan Chanhassen, Minnesota Gentlemen: You have worked out an interesting development plan for the Oakmont area. In order to intelligently comment upon sanitary sewer needs for such a development, we would appreciate any information you can give at this time with regard to the type of apartments to be built, i. e. number of bedrooms, etc. and the timing of construct tion. Are any buildings contemplated in the "Private Park Area"? If available, we would appreciate receiving a drawing showing the combination of this development plan with the contours, and soil information. On receipt of this information, we can proceed with our fur- ther study. Very truly yours, SCHOELL & MADSON, INC. 14, WDSchoell:sd cc: Mr. Adolph Tessness, Clerk -Administrator Mr. Bob Scholer, Chairman, Planning Commission CITY -OF 7610 LAREDO DRIVE*P.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PING REPORT TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel DATE: August 11, 1980 SUBJ: Zoning Reversion for Oakmont Property PIANN]2qG- CASE: P-062 As the Planning Cartnission is aware, Section 14.07 Subsection 2 of Ordinance-- 47' states that the City Council may direct the Planning CamAssim to initiate rezoning to the original zoning. on properties upon which a planned development was approved and development has not occurred within a reasonable period of time. The develpFffent, plan for the subject property for . approximately 2,800 residential units was approved on June 16, 1970. In light of the evolution of the planning practices for Chanhassen in the last ten years, I would reccmnend that the Planning Ccmnission reccmrtend that the City Council rezone the subject property to R-IA, Agricultural Residence District. 0 I The representatives for the committees in Chanhassen: Board of Adjustment and Appeals Park & Rec Sign Committee Community Facilities Study Lake Study Previous 4 Representative Alternate New Representati Tom Walter Art Droegemueller Thompson Partridge-.-., r: Tom Hamilton None Tom Hamilton Jack Bell none Bill, Johnson Clark Horn. None Clark. Horn Art Partridge None Jim Thompson The Planning Commission members will rotate their attendance at the HRA and City Council Meetings. OPEN DISCUSSION * Discussion on the extension of water, public improvements,. and public hearing to change zoning from P2 to R1A on the Oakmont case. Art Partridge moved, Bill Johnson second, to conduct any public hearings necessary to revert the zoning status . of the Oakmont Properties from P2 to R-1A. Motion carried. ** Discussion on posted signs for proposed developments. ** Walter Thompson requested Bob `Yaibel to check into the Natural Grains equipment near the highway. ** Bob Waibel informed that he has received a couple of phone calls on public usage areas for community gardens, farmers .markets, and goodwill drop -boxes, etc. ADJOURNMENT Art Partridge moved, Bill Johnson second, to adjourn at 11:45 P.M.,,,... Motion carried. MINUTES OF THE REGULAR MEETING OF THE CHANHASSEN PLANNING COMMISSION r HELD AUGUST 13, 1980, AT 7:30 P.M. CHANHASSEN COUNCIL CHAMBERS Members Present: Chairman Horn, W. Thompson, J.. Thompson, M. Thompson, A. Partridge. Members Absent: W. Johnson and T. Hamilton. Staff Present: B. Waibel. APPROVAL OF MINUTES Planning Commission Minutes of May 28, 1980: Mr. Partridge cited a change for -paragraph 8, page 2, changing the first word of the second line to "flux." Chairman Horn cited a change for the last paragraph of page 10 to change from "low townhouses" to "row townhouses." Planning Comrgisston Minutes of .tune 11, 1980: Mr. J. Thompson noted that a change should be made to page 2 on the fifth line from the bottom to read "program of least cost." Planning Commission Minutes of June 25, 1980: Mr. Partridge noted that he felt the minutes on the Lake Lucy Road watermain did. not include a level of detail suffi•cfent for consideration of the subject and that it should be noted that the Planning Commission did discuss the matter at length as to the options in the proposal, costs, and its land use ramifications, and that the Planning Commission unanimously recommended to the City Council that the Lake Lucy Road watermain not be butt t and that the drilling of a well at pump house No. 3 is the most preferrable option. Mr. A. Partridge noted that the minutes should be corrected to say that the Waldrfp proposal was not discussed but was mentioned. Planning Commission Minutes of July 9, 1980: Chairman Horn cited a change to Item No. 6 on the Holasek proposal to remove the word "indefinitely." Planning Commission Minutes of July 16, 1980: No corrections recommended. ZONING REVERSION FROM P-2 PLANNED UNIT DEVELOPMENT DISTRICT TO R-1A, AGRICULTURAL RES`ID"ENTI'AL' 'D'hSTRIC'T; 'OAKMONT "PROPERTY,- 'PUB`LI'C' WEARI'N0. Mr. Waibel presented the staff report on the subject item saying that the Planning Commission recommended that the City Council direct staff to proceed to invoke Section 14.07 of Ordinance 47 to revert the exi:sti%ng zoning to its previous zoning of R-1A, Agricultural Residential Di,stri,ct. 8-13-80 Chanhassen Planning Commission Minutes page 2 Mary Kurimchak, 7130 Utica Lane, stated general favor with the action to rezone the property to R-1A, Agricultural,Residentiai District, and delivered a statement outlining her opposition at the time the PUD zoning was under review in 1970. She cited that the subject property has severe soil limitations for development. The Planning Commission discussed the fact that a zoning was _ placed on the properties in 1970 and that sewer is still not yet available to the subject property. Mr. W. Thompson moved and Mr. Partridge seconded to recommend that= the City Council rezone the Oakmont property from P-2, Planned Unit Development District, to R-IA, Agricultural Residential District. All voted aye. Motion carried. Planning Commission stated that, for the record, no one present was in opposition to the proposal. SUBDIVISION VARIANCE REQUEST, SOUTH 1/2 of SECTION 25, DAVID NICHOLAY. Mr. Wa.ibei presented the staff report stating.that the request be in need of numerous variances of Ordinances 45, 33 and 47, and also the City Attorney's Report of August 7; 1980, was.entered into the record,.which indicated four sections of the Ordinance to which variance would be needed if this request was to be granted. Mr. David Nicholay stated that the reason he was attracted to this parcel was because of its suitability for earth -sheltered housing. The Planning Commission inquired of staff the reasons for the standards of Ordinance 45 such as eligible parcels for building permits, frontage on a public street, etc. The Planning Commission .inquired of staff what actions could be in order on this request and staff responded that Planning Commis- sion could (1) deny ordering a public hearing for the request, (2) recommend to the City Council that the staff be allowed to research the question of the City's policies regarding the un- sewered areas of the city in anticipation of ordinance amendments, and (3) order a public hearing to consider the variances needed to build on this subject parcel at this time. Staff noted the" narrowness of the guidelines to which a variance can be given in this case and that such an action implies that the ordinances governing the unsewered area would be amended by precedent. Motion was made by Mr. W. Thompson and seconded by Mr. M. Thompson to hold a public hearing for a variance request. All voted aye. Motion carried. 9-10-80 Planning Commission Minutes -2- Mr. Partridge moved to note the August 12, 1980, City Council Minutes. Mr. M. Thompson seconded the motion.. All voted aye. Motion carried. Mr. W. Thompson moved to note the August 25, 1980, City Council Minutes. Mr. Partridge seconded the motion. All voted aye. Motion carried. PROPOSED REZONING, SINNEN PROPERTY, PUB IC HEARING: -_- Mr. Waibel explained that upon the Planning Commission's recommendation, the City Council has authorized the Planning Commission to hold that public hearing under the provisions of Section 14.07, subsection 2, of Ordinance No. 47, which permits the City to initiate rezoning to the original. zoning district on parcels that have had no development occur within a reasonable period, of time after urbanized zoning was granted.. Mr. Waibel further explained that there was a proposal by McKeon Construction to develop the subject property with ap- proximately 502 dwelling units of various types in 1973. He stated this property was located directly west of Chanhassen Estates down to the northwest shores of Rice Marsh Lake. Mr. Waibel compared this request to that regarding the Oak- mont Property, which was discussed approximately one month ago,. and recommended that, because of the inactivity on the property and in light of the evolution of the planning practices since 1973, approval should be recommended by the Planning Commission to.the City Council to rezone the subject property from Planned Develop- ment District to R-lA, Agricultural Residential District. In response to Ms. Marie Weber; 8034 Erie Avenue, Mr. Partridg said the zoning would remain until the property owners requested a change of.zoning if it was rezoned back to R-lA. Mr. Jerome Raidt, attorney for Martin Ward the abutting property owner, asked if the previous planned development proposal was dead at this time. Mr. Waibel said the first proposal was in 1973 and the last proposal was 1 1/2 years ago and that due to its dormancy, it would be best to rezone it back to basically a reserve status of R-lA. He further said the plan of 1973 was probably not. within the thinking of Chanhassen's current planning standards and desires for that area. He responded to Mr. Raidt's question of property use by saying the comprehensive plan the City is currently working on shows the property to be of low -density single family with a portion to contain a multiple residential area. Chairman Horn indicated the past proposal for the subject property was for approximately 6 units per acre and the last projects of other sites reviewed by the Planning Commission have not exceeded approximately 2.9 dwelling units per acre. Thus, the last proposal for this site is twice as dense as any of the recent. developments allowed by the city. 9-10-80 Planning Commission Minutes -3- Chairman Horn explained that the purpose of, reviewing this is basically to start the process over again if someone, comes in with another planned unit development; otherwise, the last proposal is already approved and could be easily carried out. Mr. W. Johnson stated it was within the R-1 zoning ordinance that the property should be reviewed on a periodic basis. In response to Mr. W. Thompson, Mr. Waibel said Rumar, Inc., had brought in the last proposal 1 1/2 years ago for the subject property. They had come close to obtaining preliminary plat -� review of the property. In response to Mr. M. Thompson, Mr. Waibel indicated August Sinnen was the recorded owner of the property but i-t was appare- an estate situation. The property owners according to the County's tax records were the individuals who received notice of this hearing. He said the Rumar, Inc.., individuals were not notified of the hearing because they were not recorded as.any party to this land. - In response to Mr. W. Thompson, Mr. Mertz said it was within the Planning Commission's jurisdiction to rezone the subject property back to 'R-lA if there was no pending application for the property. Mx. M. Thompson expressed concern over the interest of Rumar, three (3) parties who had purchased the property through a Contract - for -Deed. Discussion followed pertaining to the question of whether or not the Planning Commission should table the request until notice had been given to those parties having a Contract -for - Deed on the property. Chairman Horn asked if all that was needed to develop the property was to bring in a final proposal. Mr. Mertz responded that that was true and, therefore, was a disadvantage from a planner's standpoint. Chairman Horn felt there was a reasonable period of time for the development process to retain any sense of continuity. Mr. B. Johnson moved to close the public hearing. Mr. M. Thompson seconded the motion. All voted aye. Motion carried:. Mr. W. Thompson felt the matter should be tabled to allow staff the opportunity to notify the other parties with an interest in the property. Mr. Mertz felt the party that made the last application and the three (3) other parties with an interest in the property should be notified. Following further discussion of whether the item -.should be tabled, Mr. Partridge moved to recommend approval of the rezoning 9-10-80 Planning Commission Minutes 14- request from Planned Development District to R-IA, Agricultural Residential District, to the City Council because there has been no activity for 1 1/2 years; furthermore, he moved that when the City Council takes the matter under consideration, they should be advised that there are other parties that were not notified that may have an interest in the .subject property due to a possible Contract -for -Deed situation. Mr. W. Johnson seconded the motion. All voted aye with the exception of Mr. M. Thompson, who abstained. Motion carried. PROPOSED AMENDMENT TO ORDINANCE 45 AND SUBDIVISION ORDINANCE 33, PUBLIC HEARING: Mr. Mertz explained that this was a public hearing to consider an amendment to Ordinance No. 33 and Ordinance No. 45. He indi- cated there was some question as to the wording of the public. hearing notice which stated that the purpose of the hearing was to consider a prohibition on the issuance of building permits and subdivision of land in the unsewered area of the city. He said it was their philosophy.the notices should be broad in scope so that they would encompass any possible outcome that the staff anti- cipates would result from the Planning Commission meeting rather than be faced with the possibility that the Commission had gone one step beyond what was.described in the public hearing notice and. being forced, therefore, to re -publish the item and re -hear it. Mr. Mertz said the -two ordinances in question do, in fact, Prohibit the subdivision of unsewered lands within the city of Chan- hassen. The specific changes that were being requested were basically of a housekeeping nature. He said the first item relates to the wording of Ordinance 33B and proceeded to read what was in- cluded within the ordinance. He said the exceptions relating to filing and recording of deeds is merely a paraphrase of a portion of the State Planning Act as it existed before the 1980 Session of the State Legislature. Since the 1980 Legislative Session, however, the fourth exception was changed in the State Planning Act, due to lobbying of municipalities, to read " . . . was a separate parcel -of not less- than five acres in area and 300 feet in width on July 1, 1980 . . ." Thus, staff's first housekeeping request is that Ordinance No. 33B be amended in subdivision 4, - which relates to 300 foot wide 5 acre parcels, to include the July 1, 1980, expiration date. He said staff was also requesting exceptions 5 and 5 from the State Planning Act of subdivision 4b- be added to Chanhassen's Ordinance No. 33B. This was also a house- keeping request as the State has mandated the above requests be accepted by -the municipalities. Mr. Mertz stated what was included in Section 2 of Ordinance No. 45. He said it was interpretted to mean that if your parcel FRONTIER DEVELOPMENT CORP. CHANHASSEN, MINN. 55317 xw� 474-5414 ECKLUND & SWEDLUND CONSTRUCTION CORP. P.O. BOX 38. EXCELSIOR, MINNESOTA 55331 MINNESOTA'S FIRST AND ONLY HOME DESIGN CENTER Mr. Ron Lybeck Rt. 5 Box 202 Excelsior, Minn. 55331 Dear Ron: TELEPHONE 474-5921 May 26, 1969 We are very much in favor of the extension of Sanitary Sewer into the Lake Ann and Lake Lucy areas as you proposed and at the earliest date possible. Sewer is absolutely necessary to facilitate the development of our land and the availability would affect our timetable. The cost will certainly be less this year than next year and the years following. I appreciate your efforts in making sewer available for our area and will give you our complete support. LCS/ma Yours truly, Zeonard C. Swedlund President 23RD ANNIVERSARY 1 9 4 6 - 1 9 6 9 6 JACK CLAPP CONSTRUCTION 5051 BELWOOD LANE MINNETONKA, MINNESOTA 55345 phone 938-5642 'l-C-G A; the house that "Jack" built V� MID AMERICAN PROPERTIES INC. ROUTES, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 i/, .Uage o� ChankanA e n Developers of OAKMONT and other quality residential communities. Th,i,j ,Lel-teh •ZA 10 440w AuPPO-Al �oh deweA jgj1em ,t.n ou/a a.Aea. A 17ona7 K-OK PT T MID AMERICAN PROPERTIES INC. ROUTE 5, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 M,t. Dean Sche RouIQ 1, fox ��A Charm ha, M,inne,6ova 55318 Deah Dean, Developers of OAKMONT and other quality residential communities, May 16, 1 y69 eoh �n�jod d � ' d a ca 6 o n copy, 0� 11-teh 3enl to C ,� o eh.ing ,i.m a �u he�u d on Aid de - `6o com ar- , he and waj made ��ie a ve � � ard rmou w.il ,kind c p� oe�ewou omheAo,Yag,. ,.� e l� ak1houqhl o e nc o� d ado1 e n o n c o o a �eet - �ze�uhned, .I h addhe.��e 1 to a oh �oulteA, Guy .9 am m-� a n .in al AeApecl.. .9 al , howeveh, have a t phone con- velz,4a ,ion w.i l�1 ou.6 eh, x .fig-tncn� 1�an.6ac- .ion duA ing the ,thy j�a o� lebhuahr�. f1 hgt 1.c:me, o,Cd lYlh Cou,�eh Ia ,iend cou,Ld havie h l�h money 6acz al any Lime h w19 eS a,bo cale� 14 N 2 al lhal Lime ar� d o eked �.. ma �ul heund, e dec ,ined to acce l 1he he und, i-tal ing, .1 wan ed o a ho eh r powneh ILV Ouh Phopoq ed add '..ion. /11 ,i e �,� u�pine waA nol ,j o.�.iC (I:A d 6 me; oweveh,have joRc.iled IuA,inejd kclOA�, om o�pahl-tee, ,c c,Lud,tn� conk ac.tohj, allohneyj, 1 Geleha. Yn mare o��Aejcajej the e ahe .peopte w%o have d a,� w.i . ,in e pa ands ah w.c.� ,ing .10 de a w,i me aka,?-n, �ie gg,L.� u dehiJ and a .tom a p e,�,im.inah�r la-1 an hai we c annol p oduc e , any, de o� chap we may ave accepted will �e he tu.Aed. �uh x-x.Ce ah gpen heaand,ing anq �uj.i Aj we hgve conducleZ n �een- hgg�4en 20 any v.Lrlage o��xc'.al who would cane 10 them, fiegaA�d,ing .Ihe accu,4al,ion lha� S have been ,in- d.ic�ed oh conv'ccled o� anything 6y the Stale o� 1�1,in- ne-4ola ouh 1-imej oh even once, -tom comp,leIe.1f a e. m 'n ho�? e i_mpAovement 6u.� neAd ope�aUng .in I e�w'a in �.i lYle hop0 ' gn ahea oh a num eh o uQ ah� , D uh.in i ' rime hggve peh j on jjy o Id arr��d 6e e he- ,� one t6 Le�oh a ew hou�ang� o�i�, �o my hnow�e �me ehe ahe no W.Izl en oh vehba.' comp ja Zntj agains M.A. Dean Scke�� At&A I Page 2 MID AMERICAN PROPERTIES INC. ROUTE5, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 Developers of OAKMONT and other quality residential communities. al he. S-ale o� Ml nne jola. Thehe ghe, howeveh, �o h veh a,L om ,La.t n A xA,6 ue cL aka 'n,dthe company., and - cggu,� o ,i� we kave� en Sze �n10 an a�heemen w.i the � UoAnery Gene.Ag I � o��,zce to pul e Ia,tn ILn,9,J ,in ou.4 cont.Aac hat elte nol tkeAe *ohe. S�.x compan,ze,J ,Ln I e wcn ,i r� aizea Aej� A,� end-eng moll .o� Ike volume o� o m e x'mpA0 mend woAc done er��ehed ,-n- lo lAe game a�neemen . .��'.� wa,6 alone al the aWvice 01 my allohne y who e.L Thal fiA j.� . X�j� a ,L the aghee - m n1 wa,1 ,d ome:4 'n we could ,L,�ve wilh an � ,6 e c ondyy, %al woman pavt.zcLla Aoveo gaa41ug,L, a amoug4 x le - a.L �eeqq c g /hn acl,4 Thal 5 tales a�ove can come ou-t Aoung�,tn� .acy- ul JZAI wh n lher� ggAe da,icL 6y ,dome ne who w.c,rhe d o uh1 ryou. � hope �h ''.� leUeA w,.11 X,-�,Ip to p-4edenl 14em , n the colzhecl S,.ncehely, A. . 6�dLnbec4 h e,je F L:1IS clo,JuheA 2 MID AMERICAN PROPERTIES INC ROUTES, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 Deah 3.n iendj, Developers of OAKMONT and other quality residential communities. May 16, 1969 A'4 r,�ou know, j�ho heAA .A coming -to Ckanka j - ,jen and along wt R �- phogjze j.4 come.4 cehla,in pho�i g,6 and expenje Jhal you a,4 p.Aopenlry owneh d w,z., 1 have to coni.ideh. 3onemo dl o� lke je phoUem j xn ouh n he melhopo.Lilan area an patzl,ccu a .fir ,.in Can a.�.4en ,cA .jan.ilaAy ,deweA. �ewQQA w-iI �e ,znilalled ,joon- eh oA lalen, and w,il the �zend in ,t,�,ing co,J.3, i would ,jeem de j bzale to do .4ome �,ing a6oul '0 ,immea iale.�ry,, .%�he14M'inalzt� 4uAver�qq gave been made, Akow,ing aYr�ic.z.paled coi q nd ffijJJ , n�ojzmal ion ,iA avaUa6le to you al lfie �/,illage Hall. My plzupoAe nk lk,c J lelleh -iA to n- v,Ue .r�ou o n in ohma,L d cu.�.� ion to JAM to e - ' ,i.�.i� o dealin wLt �tkij mal- �ehm�.ne �� �ea.�.t_ � ordealing leA now. 11concehned pnope.zl�r owneAA atze coizd- 1 rt 'nv.ile o a me ling al Ae �ohmeh %� e - alz .� c�lzm o�r� ounlg, �oad 117 , Uook �oh e ma.t.� box malthed (/a monl J, on Wedne-4Wary, ly)acy 1ccyyenly �,ijzAl al 8: 00 p. m, a will call you,-n the next �ew dary,1 to lie 4uAe you can allend. S ,i n c e.z e ly R. 6.�ky6eck Pit ej.idenl R�_L :AS S(%�R LSST " MA. lea Qnenden All-Ao , kichaAd B. Lu Race, u,ie .5 Cxc e b soh ,Minn'. �xc e ,L.r,.r oh , M,z:nn . eohge fl , S,�elleh H MnUdjen, 6 � N. Bloom6e.4 oule 5.. i1 inn.5517 / �f Cxc e,&soh , M,z.nn PIV- G�ahh e n.��.t�� ,4Pinn mar d A 6van.6 o use La e uc �S h f �xce b,� oh, Mann. ,5534 '(/!i �l 'ghu� act �01 an aAjen - C anha.4,6en, Minn. .tnn. 55317 Key. h D , 8ah1� MggAl 'n �. WaAd H '� czyyary 701 �� han�a,4,J e n C� M-4,den, Ml nn, ,inn. 'y An Qho,4e nL. Act 7�y han_AadAen� /�1,in`n Chanha j senI �Y1,cnn. eo ajzd Swecluncl. S_ I ,jleh W Ticulnau _ > ��h lay. 7 6 Counli /�oaczl 5 oan�a,,eden Aoad �� C �x c L� .� e .o h , /Yl .t n n . y3� fix ��a0c h e.lwooczl Lane �701h1�/aAoa�aCQ,�r�c: �`�" / u �• c' 05 .in,� lYI nn . 3 p xnneapoyx,�, l�1 nn. 55 t6 tc�'JIve MoInau Roman We,L ,4 en haj% 553�8 ► Roule 5, Io i73 ► �`fkll�% ' �xc e ,Loh , �'nn . Nm ,4 14, Anna S-�nne n ',/ anha,len, M, n V .`'�� -cC toA Sc m-te Route c�,o �0 `T(� M ',4,1 14 n,te io'cha itl Cxce bs olz, /1 -nn- ' Nanha-lden, / -4-nn, v %lh,j . ChahXe.j i�e.��eh %Y1h,j . Math Welle-A Roue .5, 0155 ROu,�e 5, Qot63 xc e I LA on . , /�),z.nn &c e b 2oh , A inn . lY1h16. Kelmq Thom -4on k,� ohdon Ca,zholl (Gheenwood Shca�,Joute 7., o Sq oue j �xce�ILoh, cnn• 6xce�otz, Ranr aAAen l/Lllaye Hall an aj jen, Mann. 55377 MAD -1- (h AACAN PR0%(CR TIC , 91vC. Route 5, 8ox 202 �-xce.b,.oh, Minne jola 55337 May 1q, 1969 Dears 3.A,cend,4, AA you know, j�ho hed .cam com�n� �o Chanhaj- ,4en� and along w,t I .�'� phoghe.6.6 come. cehlain pho m,j and exilen.6e Thal you ad pnope,4IM owneh,4 w-LU ave Io con,4.ideh. .7ohemo I o� Ikede pio6lemj �n ouh nI 'ne meth o po,(Zt an ah e a and pa.A Uc ula ,Cry .z n C�anaa-dA e n hoa�n elaA .deeweA. .�Sewegh w,�.L,L �e cn,�laIled Aoon- ,U would deem `le j t.Aa�le Io don�ome nq a6oul �� mmed,tale.�ry.. ,�Ae,*.�mina.Ay du�tveu .�ave been made, Akow.zng ag�t,.c.cpaled co-dIqq, �ind , .tj .tn�otcmal-con Z6 ava Ua6le to you al the V- llage 11alY. My puhpo'de � W.A;I .n� I%z.ZA Ielle,4 ,ice Io �e- le-Am,tnen- v..Ie you o n �.n ohmal d cu-d,4,zon Io A to I �,eaj.4- .t:,�,t� ordeal,,ng wi �h.U, maI- Ieh now. A1concehned p,4opeAI owneAA a.ze cohd- a ry 'nv.��e o a meQQI;na al R e o men PeIe ah � A o�r� oun��� load 777 (,�oo oh Ike ma,tl 6o m qq U x ahhed a monk on GUednejdar�, ark �cuy�enIr�- ih� a 8:00 �.m. �e w�11 call you ;n the nexI �ew dare Io 6e duhe y, u can allend. S,tnceAe,Cr�, R. L bec4 %h e�.t.de n� R�L :�95 &A. MID AMERICAN PROPERTIES INC. Developers of OAKMONT ROUTF. 5, BOX 202, EXCELSIOR, MINNESOTA 55331 and other quality 474-4171 residential communities. i N On May 75, 1969, ge oAge A • ffi5e 4 waA given a checn �oh X560.00 in 1-ull lce und o a L',( mon ie.j alepo,J.Ued wZi A Mid-AmeA icon PAopeh-�,:e,4, Jnc., a,J o� )anua.Ay 23, 196 J. Th,ii ne_�u cn a6Ao1ve j 60_�A paA L, ej oz any and ,al,_l _�otvahal_j any p.4ev.ioIt,r agheemen,�. je oA,ge A. 1-3.i;�e 4 agheej lha-t he wa,4 oUehed AZj mone,r� 6 C,4 plcev.iou,41y and ha-4 been tAealecl' �a'.itc.� RCCL :AS MZ ,0(/ R.SCAN Pfi 0PAR T9(�S , .ANC. 13 � o n a Z�'� • ��� Jam; ',�'� l'he��clen e o tc e . �J Officers: E. V. 'BUD" HAUBRICH NORMAN W. REMOLE NWRA '12ai.�ca�c ZU, r�e�ole �q�cuy, �%c. 6950 France Avenue South, Suite 119 MINNEAPOLIS, MINNESOTA 55435 Phone 927-4487 May 2, 1969 To Whom It May Concern: As general.agents representing several casualty comp- anies, we have handled Ronald Lybeck's account for the past seventeen years. During this time we have had several occasions to issue performance bonds in his be half. At his request we have made his financial statement avail- able to two of the companies who have dealt with him over the years, and, alt"ough we do not have a firm commit- ment because none has been requested, we have been inform- ed that performance bonds in the amount of $500,000.00 could be issued. Sincerely, NOR1VIAN 1.1 ''.10LE AGENCY, I NC . By ' ,F. V. H 'ubrich President EVH/mh MEMORANDUM MEETING WITH RONALD LYBECK APRIL 29, 1969 Place: Wayzata Country Club 12:00 noon Present: Ronald Lybeck, Bob Scholer, Louis Oberhauser, Don Westerman Subject: Submission of preliminary plat information on Oakmont Subdivision Discussion centered around necessary exhibits to be filed for preliminary plat consideration. Mr. Lybeck stated he had a check list from the Village Clerk -Administrator and had everything in hand. Scholer suggested the following: 1. Articles of Homeowners Association be filed prior to public hearing so Village could see how the clubhouse and free areas, except golf course, would be managed and maintained. 2. Suggested that after 1/3 of the lots in the subdivision are sold and built upon, the owners association could elect a representative to the Architectural Control -Commission, and at 2/3 sales possibly one more be elected to replace one of original members so ultimately control would pass to homeowners association. 3. Results of soil tests be filed with Village Engineer now. 4. Oberhauser will write a development contract for Village approval (at our attorney's suggestion). 5. Submit comparable golf course design criteria to support design of 60 lot parking area. Declare intent of buildings contemplated on course, e:g. clubhouse, pro shop, etc. 6. Submit on or before May 13 evidence of financial responsibility comensurate with scope of improvements contemplated. e.g. letter of bank credit, financial statement or evidence of bondability. 7. Prior suggestion by Scholer was that applicant provides evidence from Conservation Department or State Division of Waters that these agencys will favorably consider an application for lake dredging and general work on the water course as represented in the plat. 8. Applicant's attorney will have provided in proper form, notice of publication for zoning and plat consideration and submit same to Clerk -Administrator on or before May 13, 1969. Notice of hearing, if approved by Planning Commission, could appear May 15, 1969, and the hearing date, if approved by Commission, could be May 27, 1969. Let me stress that my only interest in this plat, and the reason for meeting with Mr. Lybeck was in the capacity of appointed representative of the Planning Commission. My intent was to review necessary exhibits and information and advise-tbe applca t of procedure so his application will be astcomplete s possi le. cc: Mr. Lybeck R er Sc 1�� Village Clerk -Administrator o e er Planning Commission April 29, 1969 Village of Chanhassen Chanhassen, Minnesota Re: Request for Preliminary Plat Approval (1) LEGAL DESCRIPTION: The legal description of the total area is included in the preliminary plat which includes the area being proposed as Oakmount, 1st Addition. The exact legal description of the area making up Oakmount 1 st Addition wi 1 1 be provided prior to submitting the plat for final approval after changes suggested by the Village has been incorporated in the plat. (2) ABSTRACTS OF TITLE: The abstracts covering this area are on file with the Clerk of District Court, Carver County and wi l l be delivered to the Village on request. (3) SOIL TESTS: The soil tests have been carried out to determine the soil structure in this area and the results of these tests will be supplied to the Village Engineer and; have.. been :f i 1 ed with him. (4) PUBLIC IMPROVEMENTS: Attached hereto as Exhibit "A'' is a copy of my letter to the Planning Commission of Chanhassen of December 23, 1968 regarding my proposals for building and financing improvements to the Oakmount Subdivision. Since there will be no buildings constructe, on any lots prior to the time that sewer is available, water and sewer may be delayed until a trunk line is constructed to the property. I will contact all property owners in the area which will be served by the trunk 1 i ne in an attempt to secure the early installation of the same. It was brought to my attention that the unit charge suggested by me was lower than the Village rate and I agree that hook up charges should be in accordance with the rate set by the Village. By restricting building in this addition the Village may defer the installation of water and sewer until there is sufficient lots sold to support the installation without adversely effecting the Village's financial structure since a substantial portion of the cost wi l l be recovered in the first year. Drainage easement will be provided to the Village in accordance with the descriptions worked out by the engineers and requested by the Village. (5) VARIANCES REQUESTED: (a) Street Width: The ordinance requires collector streets to have 80' R W. It is requested that a 60' R/W be allowed on these streets with a 40' building set back required. (b) Lot Sizes: All lots shown are under the 30,000 square foot minimum lot size required where sanitary sewer is not available. The lots are platted in accordance with the requirements of the Village for areas served by sanitary sewer since this area will be so served in the near future and the smaller lot sizes make it more economical to install these public improvements on a unit basis. A covenant Village of Chanhassen Chanhassen, Minnesota Page 2. restricting all buildings on the platted lots until sewer is available wi l l be filed with the -Final plat thereby protecting the lakes from being polluted. Such a restriction would appear of record and any person wanting to purchase such a lot would be informed of the restriction. - (c) Surface of Streets: Since water and sewer when available will have to be installed in the streets, it is requested that all streets be installed to proper width with a gravel surface and that the required bituminous mat be waived until then. (6) GOLF COURSE: A nine hole public golf course will be constructed at the location indicated on the preliminary plans. The golf course will have grass greens and fairways and running through the golf course will be a drainage easement for the purpose of providing drainage for the subdivision and surrounding area contained in the watershed area. The course wil." be owned and operated by the developer and play would be permitted by the general public through the payment of individual green fees. It is contemplated that the residents of Oakmount belonging to the Oakmount Association would be allowed to resery tee -off time and play the course at reduced rates similar to the operatio of the Braemar golf course in Edina, Minnesota. A small club house would be provided for the purpose of housing a pro shop and snack bar to be used by the persons using the golf course An adjacent hard surfaced parking lot designed to hold sixty (60) cars would be built adjacent to the first tee and club house. The club house would operate during the golfing season and open a sufficient number of hours to insure the proper policing of the golf course. Restrictive covenants which will be filed with the final plat to grant easements for the purposes of operating a golf course over the lots which adjoin the course. (7) ZONING CHANGES: An application to rezone the area contained in the preliminary plat is being made. At the present time said area is zoned farm residence district. It is requested that this area be rezoned to Residence District "A granting to the developer a special use permit to allow for the construction and operation of a nine hold public golf course and to allow the residents of the subdivision to maintain and operate a stable, swimming pool, tennis courts, club house and other recreational activities on the outlot along Lake Lucy and the outlots containing the presently existing structures. (8) PROPOSED USE OF LOTS: That all lots within the subdivision will be for residential use and restricted to single family residential units. dutlot D, containing the present existing structures, will be used as a recreational area for the residents of the subdivision along with Outlot A on Lake Lucy. Outlots B and C showing the golf course will be for the use of the general public and contain a nine hole golf course and parking facilities as indicated. (g) RESTRICTIVE COVENANTS: A copy of proposed restrictive covenants are attached as Exhibit "B: and the Restrictive Covenants on abutting property are attached as Exhibit "C" V'r1lage of Chanhasse P� g e 3. (10) DEVELOPMENT CONTRACT: A preliminary draft of a suggested development contract is attached hereto as Exhibit "D". (11) TIME SCHEDULE OF DEVELOPMENT: As soon as I have preliminary approval I will begin cutting in streets and staking lots. The construction of the golf course will be started this year and the course should be open for play in 1970. It is contemplated that the trunk line will be available by late 1970 or early 1971 and that the necessary laterals and water mains can be installed in 1971 or 72. When sewer becomes available, I would anticipate that sixty or more houses would be built the first year and that within two years the 1st Addition would be substantially sold out. The develop- ment of the Second Addition is not contemplated until 80% of the 1st Addition is sold out. I would be happy to meet with the Planning Commission or Council or any person selected by them to answer any questions regarding this development and to supply any additional information which you may request. Sincerely, R. E. Lybeck REL:mf Attach. 9 D Form No. 67-4 Vi'liag4 ux, u:,anLasset: Datoe, 4/23/E9 EE0U TO A; IE3, P ZO 4 _., D � M]WI' Filed by 1,T-,.m0 Ronald E. Lybeck Ad -I. r P, s s t RE: The follorr:'ng described real, property: Oakmount TO TPE PLANNING CO2-1I1ISSIOM OF THE VILLAGE OF CHA,"IMSSEN The undersI ned 0w-,!, rj? s of real property within the Village of Chanhassen do here'-:Y respectfully request that tkle above described parcels cf pronnrty be re-zonod from an: Farm Residence Zone District to an Residence District ''A''_Zone District -4ith a special use permit to allow for the construction, maintenance and operation of a nine Hole public golf course on Outlot alo;-)g ;tii t'r. a club house housing a pro shop, maintenance equipment and snack bar and a parking lot for 60 automobiles and a second special use permit to allow the Oakmount Recreational Association to operate and maintain a club house, swimming pool or beach, stables for horses tennis courts and other recreational facilities for the residents of Oakmount on Outlots and Ronald E. Lybeck erwyn E. rks MEMORANDUM MEETING WITH RONALD LYBECK APRIL 24, 1969 Place: Louis Oberhauser office in Wayzata 2:00 p.m. Present: Ronald Lybeck, Bob Scholer, Louis Oberhauser, Councilman Hibbert Hill, Arthur Ostlund of Egan, Field, and Nowak Subject: Submission of preliminary plat of Oakmont The substance of this meeting was to explore the various options open to the developer that would permit him to apply for preliminary plat approval before public sewer and water are available to the subdivision. The developer wants to rough -in roads in first stage area and develop the nine hole golf course and file a final plat on first phase of plat. He wants to sell lots even though sewer may not be available. Mr. Lybeck stated that he would be agreeable to a deed restriction prohibiting residential construction on all lots until public sewer and water are available. Mr. Hill emphasized using the development ordinance right down the line as to procedure and as a check list for required exhibits. The ordinance, along with the Engineer's report and Attorney's report should provide a good set of guide lines for required exhibits relative to the preliminary plat. Mr. Lybeck was advised to comply in every way in his application and not to make changes after filing reliminary plat. Ro rt A. Sh er c Planning Commission cc: Mr. Lybeck Village Clerk -Administrator Councilman Hill 9 6 4 AGENDA FOR THE CHANHASSEN VILLAGE COUNCIL TIME: 8:00 P.M. s DATE: April 21 1969 r ORDER OF BUSINESS 1• Call to order of meeting. 2. Invocation (Pledge to the Flag), 3. Reading and approval of the minutes of the list meeting. 4. Miscellaneous Business: 1-17-e"L,J a: 8: 10 p.m, 8:25 p.m. - Oakmont (decision on hearing]`' - Report from P•m• Maintenance Committee) '` 2 - Greenhouse 8:45 p.m, on Highway 41. - Street Naming and Numbering, 9c00 p.m, (Report by County Surveyor and Anne Neils) - Sign Ordinance 9:10 p.m. 9:15 presented b Anne Neils. - Street Lights', Western Hills P.m, - Park and Recreation (Chairman Ed Seim will bring the Council 9:45 p.m. up to date on Park Study). - Report by: Engineer ^� 9:50 PFm, requirementsonlet(MOtdatedeedeilas per - Bills. 9:55 p.m, - Application for 34 unit apartment View 10:00Lake P.M.P•m Hills) - A. W. Owens (requesting Rural Service Taxing District). 10:15 P.M. 10:30 p.m. - Report on Southwest Sanitary Sewer Meeting. - Report on ' 10.40 p.m, Generalized Guide Plan. - Applications for non -intoxicating off -sale beer licenses. 10:45 p.m, - 11:00 P.M. - Report on employee hospitalization insurance. Application for temporary trailer approval. (Stuart Baird), 11;p5 P:m• - Report from Administrator. 5• Adjournment. W CHANHASSEN VILLAGE COUNCIL MEETING APRIL 21, 1969 The Chanhassen Village Council meeting on•April 21, 1969, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. s MINUTES: A motion was made by Councilman Pearson and seconded by Councilman Hill to approve the March 17 and April 7 Council minutes. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Hill that the Park and Recreation minutes of March 20 and April 3 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Pearson, Klingelhutz, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz that the Planning Commission minutes of March 11, April 1 and April 14 were read and noted. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Klingelhutz, Pearson, and Bennyhoff. No negative votes. Motion carried. AGENDA: Councilman Hill suggested that in the future the agenda state the minutes to be approved at that meeting. OAKMONT: The following motion was made by Mayor. Coulter; I move that the proposed preliminary plats of the Oakmont Addition dated December 10, 1968, and February 2, 1969, submitted by Ronald E. Lybeck and Mid-American•Properties, Inc., to this Council for consideration be disapproved for the following reasons: A. The proposed plats do not meet the standards of the Chanhassen Platting Ordinance in the following respects: 1. A petition for rezoning of the area to Residence District "A" should be submitted and that an application be made for a special use to cover the golf course area. 2. The developer should submit detailed plans and detailed explanation of golf course operation covering parking areas, club house facilities planned, size and use of structures to be located on the premises, and a statement as to whether the course is to be open to the public. 3. Written consent of the fee owner to the proposed platting has not been furnished. 4. Boundary lines within 100 feet of the tract within the plat have not been shown on the plats, and the name of the record owner thereof has not been furnished. 5. No proposals have been furnished to make the areas affected by inadequate surface drainage safe for occupancy or to provide for adequate street and lot drainage. 6. Proposals for street lighting have not been furnished. 7. The proposed plats do not incorporate the recommendations of the Village Engineers as set forth in their report dated March 4, 1969. 8. The lot sizes proposed in the plats do not meet the ordinance standards for areas not served by municipal sewer and water. 9. Soil tests have not been furnished by the developer. B. No acceptable plan has been proposed for the payment of the cost of the installation of sanitary sewer and water mains within the subdivision and for a trunk sewer to serve -the subdivider. Motion seconded by Councilman Pearson. After considerable discussion Councilman Pearson withdrew his second and Mayor Coulter withdrew his motion. J A motion was made by Councilman Hill and seconded by Mayor Coulter to reject the preliminary plat of Oakmont and refer the plat back to the Planning Commission for resubmittal as per Ordinance #33. The following votes were cast: Councilman Klingelhutz - yes, Councilman Hill - yes, Mayor Coulter - yes, Councilman Pearson - no, and Councilman Bennyhoff - no. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to waive the first $100.00 cost for re -application for Oakmont Addition. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. The report from the Village Engineer on sanitary sewer and municipal water system should be fully appraised by the Planning Commission before the public hearing. The Planning Commission should also decide if a professional planner is necessary. MAINTENANCE: The Maintenance Superintendent gave a report on the condition of some of the streets in the Village. The main street that was discussed was the Lake Riley Road. A motion was made by Councilman Hill and seconded by Councilman Klingelhutz that the Village prepare preliminary plans for upgrading the Riley Lake Road to a 7-ton base and present to the Council as soon as possible. The following voted in favor 'thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes.. Motion carried. GREENHOUSE ON HIGHWAY #41: A motion was made by Councilman Bennyhoff and seconded by Councilman Hill to have the Village Attorney give the Council a legal opinion on the zoning on this property prior to the next Council meeting. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. STREET NAMING AND NUMBERING: A report was given by the County Surveyor and Anne Neils, Planning Commission member, explaining the system that was approved by the Planning Commission. A motion was made by Councilman Benny*off and seconded by Councilman Pearson that the Council approve the street naming and numbering system as presented by Mr. Lindsey and approved by the Planning Commission on April 1, 1969. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. April 18, 1969 Village Council Village of Chanhassen Chanhassen, Minnesota This letter is submitted to you in connection with the preliminary plat which has been submitted to you for your tentative approval. The purpose of this letter is to answer certain questions and inquiries which were raised at the last public hearing. The contents of this letter can be considered by the council in connection with Section 6.01 (h) and the council in giving its approval to the preliminary plat of Oakmount may make this approval subject to the compliance with all requirements and recommendations contained in this letter plus additional recommendations and requirements as suggested by the council. At present the area included in the plat is zoned "Farm Residence District" which allows for one family dwellings and ggol f courses and it is therefore our opinion that under Section 6.01, subdivision 1 that no petition for rezoning is necessary. The use that we intend to place the land to is in accordance with the uses set forth in Residence.District "A" with the exception of the golf course and the recreational areas contained in the outlmVg and therefore if the council wishes a petition to rezone the area included in the preliminary plat will be made forthwith to have the area rezoned to Residence District "A" with the exception that a special use permit will be asked for the construction and operation of a 9-hole golf course as shown in the preliminary plat sheet and for the maintenance of a recreational association and horse stables by the owners of the lots in this area. With regards to the indicated lot size, it is our feeling that this area will be served with water and sanitary sewer within the next few years and that the larger lot size would be a distraction because of the higher cost per unit for installing said improvements. We also recognize the necessity of the Village to keep the density of residential.units reduced in order to meet the 30,000 square foot requirement. It issuggested that this requirement could best be met by use of a restrictive covenant which would be filed with the final plat which would preclude the construction of any building on every even numbered lot included in the final plat for seven years or until an operative municipal sanitary sewer system is available. Said restrictive covenants would be a matter of public record. This would eliminate the necessity of plotting in 30,000 square foot lots with provisions for resubdivision at a later date and the resulting irregular lot sizes. The consent of the fee owner of the area contained in the proposed plat has been obtained and has been filed as required in Section 7.01 (c). K C A Village Council Village of Chanhassen Page 2. If the density of residential units are restricted as previously indicated, it would not be necessary to install at this time a trunk line and this improvement could be delayed until the Village felt that it would be in their best interest to construct the same to serve previously constructed residences within the subdivision. If the council feels that it is necessary.to install a trunk line at this time, l would cooperate in whatever manner that the Village would suggest. The installation of wells and mains for a municipal water system with appropriate assessments against the property and appropriate hook-up charges to pay for the improvement is requested for the area to be included in the final plat. I would be happy to provide the Village the necessary area for a well site. I would be happy to enter into any appropriate agreement with the Village concerning this prior to the approval of the final plat. With regards to the installation of improvements in the subdivision my intentions along these lines were fully set forth in a letter, a copy of which is hereto attached. We would be happy to consider any changes or modifications as suggested by the council. As to the improvements which are required, the subdivider agrees to enter into a performance contract and post a performance bond as required by the ordinance. A Public golf course will be installed as shown on the proposed preliminary plat and play will be permitted by the general public through the payment of .i ndividual. green fees. It is contemplated that the residents of Oakmount belonging to the Recreational Association would be allowed to reserve tee off times and play the course at reduced rates similar to the operation of the Braemar Golf Course. A hard surfaced parking lot will be provided to hold sixty cars adjacent to the first tee and club house. A club house will be built when sanitary sewer is available to house a pro shop and snack bar. Notice is taken of the contents of the Village Engineer's written report to the Planning Commission and all conditions of said report will be fulfilled along with any other requirements which would be necessary to meet any criticisms that the Village Engineer may have regarding the area to be included in the final plat. The outlots which are not occupied by the golf course will be owned by a Home Owners Association which would be open to all the property owners within the Oakmount Addition. The Home Owners Association would maintain, supervise, police and operate the recreational facilities therein contained for the general use and benefit of all :ot owners. Street lighting needs will be met to the use of. restrictive covenant to be filed with the plat which would require each home owner to i nstal 1 and maintain a gas or electric decorative yard light not to exceed 7 feet and not to be less than 52 feet in height and to be placed within three feet of the front property line and to be in continuous operation from dusk to dawn. a Village Council Village of Chanhassen Page 3. I feel that I have complied with all the requirements necessary to obtain approval of the preliminary plat and respectfully request approval of the preliminary plat at this time subject to the require- ments and recommendations of the Village Engineer, Village Attorney and Village Council in the preparation of the final plat. '0 1 ", J 4 , R. E. Lybeck REL�mf Attach. 4 RESTRICTIVE COVENANTS No building or structure shall be placed, erected or maintained upon any part of any even numbered lot until May 1, 1976 at which time this restriction shall automatically become null and void without notice or further proceedings. This restriction shall automatically become null and void prior to said date as to any lot or lots serviced by a sanitary sewer system. A sworn affidavit signed by the administrative officer of the Village of Chanhassen or its successor that said lot or lots are being served by sanitary sewer system shall be conclusive proof as to this restriction. RUSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 1Ulage Council C•luinhaasan, :.;inWsota SS317 vroposed Oakmont Subdivision Gentlem": On April 16th I met with '.;r. Lyback and his �ttornay, Mr. Louis Ober- bausar, concerning this proposed subdivision. .'ly mesaorandun of this aweting is att.acaad her:,with for your review. I am sanding the memorandum to you at this tine because my present plans are to be out of th., city c;n a business trip until jril 2•1,th or 25th, and I wanted you to hav:, the b-anefit of the mamorandura in the event this matter cosx:s up far discussion at the CVuncil weeting :3f .',.pril 21 s t . As a footnote to .>ur discussion, I should acid that I gained the im- pression that ter. Lyback as favorably c;onsid:ring the dove Iapment of a 60-arse tract into 30,000 foot lots at this time with developm, nt of the remaining aria to e-wait u.anieipal s0w*r .1nd water. If such is to be his revised proposal, may I auggest that the 60acre tract be considered to be a proposed pr�.liminary plat for consideration under the ordinance, with the plan for the remaining acreage to be d;?sig- nated a 3katch plan only which rt-Lire na official actlon of ti►is time. l ery truly yours, ssel ii. Lars Chanhassen Villago Attorney RH1:b £,aclosure .... n�i�.i..1. Te.e. ��►s� s ,vamorandum of Meeting cn •`ril 16, 1969, with i,onald Lybeck and his attorney, Louis Gberht:user, at 10:4 a.m. The meeting took place in my offices and was at the: request of Mr. Oberhauser. who made the requvst late on Aril 15. In his telephone call to me on April 15tn Mr. Oberhbuser requested the opportunity to revl-,w with me the comments which I had made at the i-ublic hearing on April 14th, and to determine wh:=ther he and I might reach agreement vn the legal ques- tions I had raised. It was not indicated to me that ivir. Lyback was going to be present at the meeting. At the meeting the following matters were discussed: REZONING. I advised Mr. Obearheuse:r that an application should be filed to rezone the land from farm residence district to residence district and that a special use permit be sought for the golf course area. In other words, petition for rezoning to residences district .% and also petition that a special use be permitted for the operation of the golf course within residence district :'. LOT SIZE. I advised N;r. Oberhauser that under the existing platting ordinance the area could be ;Tatted Into lots of no less than 30.000 square feet Nnd with a minimum frontage of at least 180 feet st the building set -back line because of the absenco of municipal sower and water in the area. At this point I also advised him of the cost to install thu water mains, sanitary sewer laterals and a trunk sewer line and that, in my opinion, no feasible plan had been ad- vanced to cover this expense. I further pointed out that the ordinance required that the developer pay these coats. ?.'.r. l ybeck indicated that his proposed let sizes had received approval of the Planning Commission ^rovidad building ;permits were restricted to every other tot or so. I edvised hire that this was all right as far •.;s it went, but that this did not give the buying public much protection when lots were sold and then building permits were denied by the village. I also pointed out the potential legal problem in approving a plat and then denying a building permit on land which would otherwise be suitable for construction. Mr. Oberhauser then advanced this idea that restrictive covenants be filed with the Register of Deeds, which covenants would provide that until the area was served by municipal sewer end water building permits would be issu:;d only on certain lots, which lots would be specifically identified in the covenants. I advised Mr. Oberhauser that his idaa had some m irit, but that I was not yet able to draw a conclusion on the legal aspects of the proposition as I wanted to study the matter. 1 suggested that he furnish me with a draft of the covenants which they might propose. 2. I then advanced the ;roposition to Nx. Lybeck that he increase his lot sizes and dimensions to the standards set in the; ordinance, namely, J0,000 square feet and a width of Igo feast iat building set -back line, and that he also Indicate a feasible plan for the subsequent subdivision of each lot to the size permitted for areas served by sewer and water. The buyer then, on applica- tion for a building permit, would be advised by the villag th t further aub- division of the lot might b• when sewer and tit 'iad the area, and that the buyer wou 1 ~ ve the o tion of selling off rt has t0,000 i.quare foot lot for anoth.., .,o:. .ite if all other vili,.,_ _z .-,_,rds were met. FINANCING. I pointed out the concern of Council m(amb©rs over the methods suggested by the developer by which the sewer and water construction could be financed. I also advised Mr. Lybeck and JN r. Clxrhausar that An my personal opinion no feasible plan had yet been advanced on this subject. Mr, Lybeck referred to the proposals advanced by our fiscal consultant, but I advised him that this was only a prwosal wads by them, that it had been dis- cussed only briefly by the Council, and that the Courxil ha, In no way accepted the proposal. Concerning the trunk sewos, I suggested that Mr. Lybeck secure litters of intent from the major land owners in the trunk sewer watershed to the effect that they would accept a special assessment on an accelerated basis, say 5 years, to facilitate construction of the trunk sewer. I also advised Nx. Lybeck that the estimated assessment was $184.00 per acre, according to the Village ):ngineer's figures. He Indicated that he would att A to seat such letters, but that he was concerned about the accelerated .a s - .,. :� years, pre- ferring that 10 years be considered. I advised him Vu, 41 of ugh chatters would have to be determined by the Council and that aq _ _ �.jsion was not to be construed as a recommendation. Continuing our discussion on financial m�.tturs, I indicated same concern that development of his area might not proceed as rapidly as he felt It would, and if rawer and water went in on an assessment basis that some guaranty should be received -from him that -assessments c-nd hook-up charges would be paid, at loast in part, if development did not occur. I was concerned about the possibility of delinquent taxes anti assessments on undeveloped land as there have been instances in the metropolitan area where improvements have been put in by the municipality on an assessment basis, with the taxes and installments of special assessments then being allowed by the owner to becoma and remain delinquent for a number of years, to be paid up only when the property is sold or built upon. ENGINEERING. I suggested that the developer agree to make such changes in the plat :as to conform it with the recomw.ndations of the tillage engineers as set forth in their repcxt of March 4th, subject, of course, to the consent of the Council and to the Council's further recommendations with respect to ngineering matters. 3. I advised N;r. Lybeck and Mr. Ubarhauser that I was not qualified to comment on the matters of surface drainage end subs :il ._onditions , except to emphasise that a suitable plan would have to be rdvanced to her I-, surface drainage, which plan would have to tie in with the drainage requirements of contiguous areas. C oncoming streets, I referred th. gentlemen to our engineer's report of March -1th as it relates to street 4dths and cul-de-sac diameter requirements. At this point Ms. Lybeck advanced the idea that street lighting might be handled by requiring all property owners through the restrictive covenants to install gas yard lights as a ;substitute to municipal operated street lights. I placed emphasis on the requirements that the village have such easements along water courses and lake frontage as would be recommended by the engineers and required by the Council, and also that the easement widths conform to the ordinance, or the onginaur's recoaunandations, as the Council chooses. The lake front easements should be required for the installation of sanitary sewer along those iota which could not be; served by sanitary sewer laterals in streets. I also advised that consideration should be given to the proposals of Carver County for the widening of County road 117 which should have the effect of cutting off 17 !eet on the -rest side of the subdivision. PERFODIVANCCE CONTRACT. I suggested that the developer crake formal written application for approval of the Mat after revising the same to conform -with the Village Council requirements, and that as a part of the application there should be submitted the following: s. Exact description of area which developer proposes to develop at this time. It was indicated to me that the developer proposed to develop a 60-acre tract es soon as approval might be obtained, deferring developmznt on the other areas until sewer and water are available. b. Time schedule for development of first segment. c. Preliminary draft of development contract. d. Consent of fee owner to subdivision and rezoning. iv;ISC rLIANEOUS. I suggested that the gentlemen follow the platting ordinance end submit the information required thereunder. particularly with reference to the following sections: a. Section 7.02(g) showing aoundary lines of land within 100 feet of the tract and the name of the owner. 4. b. Section 7.040 concerning )rofile3. C. Section 7.04(s) covx ring areas affected by inadequate surface drainage or subject to periodic hooding. d. Section 8.04(b) concerning drainayeway easaments. e. Section 9.11 dealing with subsurface: conditions. I also suggested that the developer make available to the village the, soil test information -+hich he purports to hove, and also 6dv1se the village of thL contractors who are interested in building houses in the area. At the closing of our meeting I once again emphasized to Mr. Oberhausar aad Mr. Lybeck that our discussion and my coaunents were informal, and that in no way were they construed to be of an official nature or to bear tha approval of the Village Council. I emphasized that in no way were my comments to be interpreted as being a recommendation to the Tillage Councii, it being my hope only to clarify certain legal positions and, hopefully, to bring some semblance of order in what up to now has been a somewhat disordered affair, if you will forgive me for saying so. Russell. H. Larson April 17, 1969 Village of Chanhassen Chanhassen, Minnesota Ronald E Lybeck has my permission to develop the property known as "Oakmont" on r;arver county road 117 M E Parks, Fee Owner PARK AND RECREATION COMMISSION MEETING April 17, 1969, at 8:00 p.m. The meeting was called to order by Chairman Ed Seim. The members were present: Steve Wolf, Sally deLancey, Harvey Ed Seim, and Gladys McCary. Berk Rodgers and Mery Eisel following Will, were absent. The meeting was turned over to Mr. Robert Broderson foxy suggestions concerning the Art Fair. 1. Bring in outside talent. Work of other artists Plus local talent. 2. Local talent along with trade from downtown area -emphasized. 3. People interested in and want to buy original works. 4. Failures usually are the intercommunity small shows with no outside participation. A motion was made by Harvey Will and seconded by Steve Wolf that the Park and Recreation replan, reorganize for a fall Art Festival involving Chamber and cancel the plans for this spring. The following voted in favor: Steve Wolf, Sally deLancey, Harvey Will, and Gladys McCary. Ed Seim voted no. Motion carried. TEEN CENTER: Basil Equipment made delivery of pool table April 5th for teen center. Check on collections to be made by Gladys McCary. BILLS: Approve payment of Sear's bill for $60.42 for Ping Pong table and supplies. Approve payment for coke machine $52.06. Approve payment for $9.45, ribbons for photography show. Approve bill of $1.75 every two months for trash, garbage disposal. MINUTES:R.`The minutes of the last meeting were read and approved. Ed Seim will draft letter to Mrs. Thrane concerning her appointment to Historical Committee and invite her to a commission meeting so both can share ideas. SUMMER RECREATION: Outline preliminary recreational program forms to be publicized via Maverick and distributed through schools this next week. Purpose: survey community needs, interest, and desires. Ed Seim suggested that we have a specific report of activities to Recreational Committee from Mr. Mielke, first week after program begins, four weeks later and a final permanent report at end of season. Sally deLancey stated that Mr. Mielke to set up registration preparati for Village. Commission agreed that Council to be informed of permanent arrangement for summer recreational activities when registration and plans completed. SENIOR CITIZENS: Planting started by senior citizens. Need additiona citizens interested in helping with senior citizens. BABE RUTH: This activity has been no sponsors. Harvey Will had been program is not Park and Recreation Will as a public service. Advisory - Ron Roeser Coach - Jim Swendsen Sponsor - Harry Kerber dropped by the Legion because of contacted by the Legion. This activity but organized by Harvey -2- Park and Recreation, April 17 " 1969 ark. Richard Lyman reported on proposed state p our park plan inteerWin ark p and lanswrite letter tV agenda Discussion was held on county p a Seim their Commission , to appear on Sally deLancey recommended that E Pierson, County Planning second Wednesday in May. t Pollution The Park and Recreatyon Commission agreed to accept draft. No negative votes. Ordinance in its preliminary and seconded by Harvey Will to ordinance prohibi A motion was made by Sally deLanceyt lakeshore of all ask the Planning Commissiontio and 300 feet stems within any future building and SepMotion carried. n remaiing open lakeshore. Meeting adjourned 11:30 p-m- ob� I& � Awk.. Gladys McCary Secretary 11 c� C7,,,V G CONTINUATIUA OF MARCH 17, 1969, PUBLIC HEARING ON PRELIMINARY PLAT "OAKMONT ADDITION" HELD APRIL 14, 1969 The Chanhassen Village Council met on April 14, 1969, at 8:00 p.m. for the purpose of continuing a public hearing`on the proposed Oakmont preliminary plat. The following members were present: Mayor Coulter, Councilmen Hill, Pearson, and Klingelhutz,. Councilman Bennyhoff was absent. Councilman Klingelhutz chaired the meeting. The Administrator read the minutes of the March 17 meeting to inform all present what had happened at the prior hearing. Mr. Don Berg, District Soil Conservationist, gave a report on the Soil survey dated November 1968 for Carver County and explained the soil conditions in the Oakmont area. Mr. Lybeck read a letter dated April 9, 1969. "Last fall we had a meeting to discuss the feasibility of building a sewer line to my addition, Oakmont, in the Village of Chanhassen. Mayor Coulter at that time requested that I contact some of the property owners that would be serviced by this line to get their reaction as to whether they were favorably inclined for it. The following is a report of my progress to date. Herb Bloomberg, Len Swedlund, Jack Clapp and myself are very much in favor of it. I have also talked to Earl 9mmer and Dick Lyman, who have stated they are not necessarily in favor of sewer coming through at this time, but they will not oppose it, as -they feel it has to come in the near future anyway. All of.. the above would naturally pick up any financial obligations that would be assessed against their property. I know there has been some concern on your part on the soil conditions at Oakmont. Soil tests have been (� made on all but one area which -borders between Blocks 10 and 11, which Mould be in our.Second Addition._ Soil conditions in all.proposed lots are acceptabld'for building. Where we have not made percolation tests because it is not feasible, we will abide by Village.ordinance. As to the pollution of Lakes Ann and Lucy, we will not.build on any lot n either lake where there would be any question as to our polluting the lakes. " ',r. Farrell the District Director of the Minnesota Conservation Federation, "this is not an agency of the State of Minnesota" the intent of this Federation is to preserve the natural resources of the State of _Minnesota. The following statement was made by Mr. Farrell: "The Village of Chanhassen is sitting on the crossroads of progress. The Method of measuring progress, however, is what we are here about tonight. t issue is the idea that the citizens of Chanhassen and indeed the entire State will either sit be and give up one of its irreplaceable Assets or it will speak out and refuse to have a miniature Lake Minnetonka in the Village of Chanhassen. I speak for the ten thousand .plus members of the Minnesota Conservation Federation and say that the -Village Council will be foisting upon itself and the residents of Chanhassen a load of unsolvable responsibility that neither one can shoulder. Lake Ann and Lake Lucy are assets to the Village of Chanhassen just as surely as all the business developments and new homes being constructed. Long range planning has been under discussion concerning the growth of the Village and the methods` -best used to attract homeowners and industry. The very attractiveness of the Village is its low key living atmosphere and relative removal from the problems of poorly planned communities. Of primary importance in luring new residents is the availability of recreation areas and homesites free from poor planning .I Public Hearing, April 14, 1969 -3- Mr. Bernard Schneider, President of Chanhassen Chamber of Commerce, stated the Chamber of Commerce supported this preliminary plat assuming that the developer had submitted the necessary details required by Village Ordinances. The Chamber of Commerce felt that if the developer complied with the ordinances and the engineering that phis development would be good for the Village of Chanhassen. r Mr. Evans asked the question, is the Village putting in the water and sewer for this area? Mayor Coulter read his answer from a proposed financing policy from the Village Fiscal Agent. "Recognizing that the Village is at the threshold of an improvement program for water, sanitary sewer and streets which will extend over at least the next decade and can be expected to involve several millions of dollars, it is important that at this beginning stage policies be developed for the financing of these improvements. We feel that it is of paramount importance that these policies should be such that the Village reserves its borrowing capacity to the fullest extent possible for those facilities which are of community -wide benefit, such as parks. It is also our belief that the Village should not place itself in the role of banker for the benefit of private enterprise. To the fullest extent possible, financing of improvements should be met from private sources without resort to municipal credit. However, in the development of policies the Village must need to be careful not to unduly restrict orderly growth and development and, of course, its policies should not be confiscatory." Mr. Evans asked, does our Council in the absence of sewer have the right to approve lots of this size as proposed in this preliminary plat? Councilman Klingelhutz stated that the Village Sttorney would make a final statement in regards to the legal questions on this preliminary plat. Mr. Al Harvey would like to know .when would the sewer trunk line be put in, who would order it, and how would it be paid for? Mr.'Russell Larson, Village Attorney, stated that Section 2 of the Platting Ordinance No. 33 provides that all land subdivision within the Village shall equal or exceed the standards setforth in the ordinance. Section 6.01 (e) provides that the Planning Commission shall hold the public hearing on the preliminary plat within 30 days after the plat is filed with the Clerk. He also stated that the Platting Ordinance provides that if the subdivider is not the owner of the land, the subdivider shall submit the written consent of the fee owner to the filing of the preliminary plat. Section 8.06 (a2) provides that in areas not served by public water and sanitary sewer no lot shall be developed for residential purposes unless it contains a minimum of 30,000 square feet of land and has a frontage of -at least 180 feet at the building setback line. Section 9.01 states that upon receipt of preliminary approval of a plat by the Village Council and prior to Council approval of the final plat, the developer shall make provision, in the manner hereafter setforth, for the installation, at the sole expense of the developer, of such improvements as shall be required by the Village. The Attorney further stated that the nature and extent of any dredging should be submitted to the Conservation Department and permits, therefore, should be obtained by the developer. A number of other miscellaneous points covered in the Platting Ordinance were pointed out by Mr. Larson. I1 N qU e- of C4anfi"Azn PLANNING COMMISSION Carver County Chanhassen, Minnesota SS317 MEMORANDUM To: Eugene Coulter, Mayor Subject: Oakmont April 11, 1969 In reply to your memorandum of March 31, 1969, regarding the above subject subdivision, the Planning Commission has approved the following comments: We do agree that it is regretable that the Council and Planning Commission did not have time to study the report titled "Proposed Sanitary Sewer Trunk to Serve Lake Ann Area" prior to the public hearing on March 17, 1969. I received my copy the day after the hearing. A statement of policy regarding extension of public utilities to new developments is desirable providing it is flexible enough to accommodate and encourage growth. We do recognize that the public interest must be protected but applicants for the Village's services must also receive a fair hearing. We should recognize that the public interest may also be served by approving new development that broadens the tax base and our general economy. There is .no in ecision on the part of the developer.as far as I can determine at this time. He has indicated a certain flexibility in wanting to conform to Village requirements but this in my opinion is not being indecisive. One point on which Mr. Lybeck has refused to cooperate or concede has been the Park and Recreation Commission's eq ruest for dedication or sale of the lakeshore on Lake Ann to the Village for public open space or park land. His letter dated October 1968 requesting sanitary sewer service and his letter dated December 23, 1968, spell out in considerable detail what he wants to do. His appligation for subdivision is based upon having utilities available as soon as practical but requesting plat approval now with approval to build on a low density arrangement until utilities are available. In reply to your final point regarding Oakmont hearing: It was the recommendation of the Planning Commission that engineering data and financial information be available prior to any hearing and this recommendation has not changed. However, we don't believe it is entirely fair to the developer to again delay a decision for A to 2 months while we develop and write a policy. We can still consider the plat on its merits and consider giving approval based r1 Eugene Coulter, Mayor -2- April 11, 1969 on low density construction. Additional safeguards could be built into the development contract restricting building on lakeshore lots and lots of marginal quality prior to sewer service being available. It could be a rash assumption but there is some reason to believe that sanitary sewer may be available to the general area within three years. RAS:jm d Yours very truly, fj Robert A. Scholer Pit" Vice Chairman Planning Commission CHANHASSEN MEMORANDUM Oakmont Subdivision April 10, 1969 Looked over the swampy area where the proposed golf course is to be located on Oakmont. Water runs through about an 8" steel pipe from the area south of Pete Parks' field trail northward into the swamp. The latter has a lot of swamp vegetation and flow is slow. Outlet in the northeast part of the proposed subdivision is somewhat impeded but ends up in a small channel about five feet across and 1 to 12' deep. Velocity about 2 to'l'/sec. See no obstacle to.cleaning out this outlet so that swamp will ride at same elevation as Lake Lucy. Also inspected the outlet to Lake Ann, in Kerber property on south side of lake. A small low area driectly upstream of the trail which leads down to the picnic area was flooded. There is a 30" steel culvert under the trail, which was flowing about 20" above the invert. Culvert is 28" high and 32" wide, out of round. Outlet of pipe shows less freeboard and appears to be about.,' lower than invert at upstream end. Channel below culvert is about 5' wide,.with flow 1.5' deep; surface velocity at center is about 2'/sec. Slope of downstream channel through Kerber property appears to average about 0.75' per 100', with quite a few rapids. Creek is winding between steep banks --a beautiful area. Further downstream there is a culvert under another farm trail on the Kerber property which appears to somewhat impede flow, ponded a little upstream of it. Looks like the latter culvert is about 6 to 8' lower than uppper trail culvert. From the above, the upstream culvert appears to act as a control for Lake Ann level. Called Art Oslund at EF&N; he had a letter from Roger Wiliiams-of the Division of Waters, Dept. of Conservation, which quoted following: In a survey made in 1959 (latest) they noted the "debris line" on Lake Ann at Elevation 954.5; "runout line" on Lake Ann at elevation 954.2; "leech line" on Lake Lucy at elevation 955.0. Art Oslund will have his boys take an elevation on Lake Ann today or tomorrow, from which we can establish the approximate elevation of the control culvert on the Kerber property. WDSchoell:sd / cc: Adolph Tessness Hibbert Hill MID AMERICAN PROPERTIES INC ROUTE 5, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 Village of Chanhassen Chanhassen, Minnesota 55317 Dear Sirs: Developers of OAKMONT and other quality residential communities. April 9, 1969 Last fall we had a meeting to discuss the feasibility of building a sewer line to my addition, Oakmont, in the Village of Chanhassen. Mayor Coulter at that time requested that I contact some of the proper- ty owners that would be serviced by this line to get their reaction as to whether they were favorably inclined for it. The following is a report of my progress to date. Herb Bloomberg, Len Swedlund, Jack Clapp and myself are very much in favor of it. I have also talked to Earl Bamer and Dick Lyman, who have stated they are not necessarily in favor of sewer coming through at this time, but they will mot oppose it, as they feel it has to come in the near future any- way. All of the above would naturally pick up any financial obligations that would be assessed against their property. I know there has been some concern on your part on the soil condi- tions at Oakmont. Soil tests have been made on all but one area which borders between Blocks 10 and 11, which would be in our 6econd Addition. Soil conditions in all proposed lots are acceptable for building. Where we have not made percolation tests because it is not feasi- ble, we will abide by village ordinance. As to the pollution of Lakes Ann and Lucy, we will not build on any lot on either lake where there would be any question as to our polluting the lakes. I rope the above information will be of some use to you. REL:AS Si car ely, R, E. Lyb e ck President MID AMERICAN PROPERTIES INC ROUTE 5, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 Mr. Dean Scheff Route 1, Box 84AA Chaska, Minnesota 55315 Dear Mr. Schaff: Developers of OAKMONT and other quality residential communities. April 9, 1969 Last fall we had a meeting to discuss the feasibility of building a sewer line to m' addition. "Oakmont" in the Village of Chanhassen. Mayor Coulter at that time requested that I contact some of the proper- ty owners that would be serviced by this line to get their reaction as to whether they were favorably inclined for it. The following is a report of my progress to date. Herb Bloomberg, Len Swedlund, Jack Clapp, and myself are very much in favor of it. I have also talked to Farl Fhmer and Dick Lyman,l.who have stated they are not necessarily in favor of sewer coming through at this time, but they will not oppose it, as they feel it has to come in the near future any- way. All of the above would naturally pick pp any financial obligations that would be assessed against their property. I know there has been some concern on your part on the soil condi- tions at Oakmont. Soil tests have been made on all but one area which borders between Blocks 10 and 11, which would be in our Second Addition. Soil conditions in all proposed lots are acceptable for building. Where we have not made percolation tests because it is not f easi- ble, ,we will abide by village ordinance. As to the pollution of Lakes Ann and Lucy, we will not build on any lot on either lake where there would be any question as to our polluting the lakes. I hope the above information will be of some use to you. Sincerely, v R, E, Lybeck President REL:AS MID AMERICAN PROPERTIES INC ROUTE5, BOX 202, EXCELSIOR, MINNESOTA 55331 474-4171 Mr. Robert Scholar Oianhassen, NLinnasota 55317 Dear Mr. Scholar: Developers of OAKMONT and other quality residential communities. April 9, 1969 Last fall we had a meeting to discuss the feasibility of building a sewer line to my addition "Oakmont" in the Village of Chanhassen. Mayor Coulter at that time requested that I contact some of the proper- ty owners that would be serviced by this line to get their reaction as to whether they were favorably inclined for it. The following is a report of ray progress to date. Herb Bloomberg, Len Swedlund, Jack Clapp, and myself are very much in favor of it. I have also talked to 1a.rl Ikmer and Dick Lyman, who have stated they are not necessarily in favor of sewer coming through at this time, but they will not oppose it, as they fell it has to come in the near future any- way. All of the above would naturally pick up any financial obligations that would be assessed against their property. I know there has been some concern on your part on the soil.condi- tions at Oakmont. Soil tests have been made on all but one area which borders between Blocks 10 and 11, which would be in our Second Addition. Soil conditions in all proposed lots are acceptable for building. Were we have not made percolation tests because it is not f easi- bla, we will abide by village ordinaxce. As to the pollution of Lakes Ann and Lucy, we will not build on any lot on either lake where there would be any question as to our polluting the lakes. I.hope the above information will be of some use to you. Sincerely, R, E, Lybeck President RIL:AS I� R Although Mr. Lybeck indicat- ed he realized the public hear- ing was recommended on the basis of an entirely different sketch, he said there had been "no attempt to deceive you or to make you _look foolish," but that this plan ".just fit the area better." The major change was that 58 lots were taken out — in the area shown on the new sketch as golf course — as a result of soil tests..He described the proposed 33 acre, 9-hole golf course as "the finest in the Twin City area. There's nothing Prettier in any village than a golf course. We can offer more to the people of Chanhassen with a beautiful golf course than any other way," he added. Mr. Lybeck would own and maintain the golf course., which wound comprise about 20% of the total area. A fee, possibly $2 (half price for Oakmont resi- dents), would be charged to play the course. The planned parking lot would accommodate 60 cars which Mr. Lybeck main- tained would be adequate. He did not feel there would be any major traffic problem because of the golf course. Mr. Lybeck also told the Com- mission "the trend is back to smaller lots. People building expensive homes do not want 30,000 sq. ft. lots. We can at- tract the type of homes that LYBECK "'SITTING ON LAKESHORE" Chanhassen's Planning Corn- would be good for Chanhassen mission met on Monday, April 1 on the size lots an awful lot of at 8:00 P.M. The first item on people will like." the agenda was "an informal He then pointed out the por- discussion" with Ronald E. Ly- tion .of Lake Lucy that would beck, owner and developer of be dredged. He anticipated no Oakmount Addition, located be- problem in obtaining State ap- tween Lakes Lucy and Ann proval for this project. "I don't north of Highway 5 and East of think a swamp is pretty. Who County Road 117. Three specific do we want to enjoy it more, concerns were expressed: 1) the people or the birds?" He The changes in the preliminary indicated that the bridle paths plan since the one seen and ap- would remain "wild" buffer proved by the Commission in zones which would have to be December, 2) That the golf maintained by members of the course would be open to the Oakmont Association, as would public. This was a surprise to the beach, the tennis court and the Commision when it was re- the stables. Engineers have told ferred to at the public hearing him that "every lot in the area March 17, and made considera- can be built on, that there's tion to traffic and parking prob- no more than three to four feet lems necessary, and 3) That of peat anywhere." Soil tests some of those who attended the have not been completed for hearing came away with the the southwest corner of the impression that the lakeshore area. would be dedicat use, ed to public Mr. Lybeck says he has not been contacted by the Park and Recreation Commission, but feels he "can't get together with them because they want the lakeshore and 'I won't sell'. The property is worthless .to me unless I do have the Lake- shore. I won't give the Lakeshore away. I'll sit on it the rest of my life before I'll do that. I can't find any way to work with 'Park and Rec' except to sell them the whole area. The 7,000 feet of lakeshore alone is worth $125 a foot, and the appeal of the whole area will be destroy- ed if they take it. Then they'd just have to take the whole thing." He indicated he would be "wiling Lio make the golf course available to Park and Rec on a reasonable basis when money is available." The Com- mission seemed to agree that the proposed plat is "a far cry from what Park and Rec wants." Bob Seholer, vice-chairman of the Commission acting as chair- man, asked for a motion to give the plate dated Pbruary 22 the same recommendation and standing as the one approved December 17, 1968. The motion was made and s,;conded. The vote for 4 for, 1 against. Mr. Mr. Lybeck was advised to "'be well -prepared for . the meeting April 14th," when the recessed Public hearing will be contin- ued. P R COUNTY SUN—Thurs., April 10, 1969 APEL/M/NA,PY RAT OF OAKHONT r _� 100NA4D E LnseaK — fll • ilk ^.inw..i»;..,, A PUBLIC HEARING on a revision of this plat for development of land in Chanhassen will be con- tinued Monday at 8 p.m. by the Chanhassen Village Council. Developer Ronald Lybeck appeared at the Chanhassen Planning Commission meeting April 1 to explain changes made in the original plat. Ly- beck would like a variance to allow him to build on every second or third lot until municipal water and sanitary sewer are available. Although the vil- 1 Lv�y --r 1 f o4 i$ lage engineer had recommended that the proposed long cul-de-sac on the peninsula between Lake Lucy and Lake Ann be open to Greenwood Shores, Lybeck said he prefers to keep it closed, feeling both resi- dents of Greenwood Shores and those of his pro- posed subdivision would prefer the cul-de-sac to a through street. He said he will request a variance for this, also. Chan Planners OK System To Rename, Number Streets A proposal for changing Chanhassen street names to coincide with adjacent Hennepin County streets was approved by the Chanhassen Planning Commission at their April 1 meeting. The street naming and numbering sys- tem will be presented to the village council at their next regular meeting April 21 for final approval so that the village enginner can proceed with im- plementing the system. JIM LINDSEY, Carver County survey- or, explained the proposed system to the commission. He said the east and west streets would start with zero in Orono and would continue south through Carver County. The only objection the commission had to the proposal was that Highway 5 would be 64th St. in Chanhassen and 78th St. in Eden Prairie. The commission approved a motion by Mrs. Henry :Veils and seconded by John Neveaux to approve the street naming and numbering system as fol- lows: 1 ) North -south streets shall be call- ed Avenue and named in progressive alphabetical order. 2 ) East-West streets shall be call- ed Street with number to correspond with numerical - sequence of master plan. 31 All cul-de-sac streets shall be called circle. 4) Streets that wander around with no particular direction can be called Lane, Drive or Road. 5) Buildings on north -south Avenues will be numbered with even numbers on the west and odd numbers on the east. 6) Buildings on east -west streets will be numbered with even numbers on the north and odd numbers on the south. 71 Buildings on lanes, drives. roads. circles or other than streets or ave- nues will be given two numbers. the first giving position west of zero point and the second giving position south of zero point. The east zero point is the east line of Ca, yer Countv in the Chanhassen area and the west zero point is the north line of Carver Coun- ty in the Watertown area. At the be- ginning it would be best to use the letters W and S after the numbers to identify the distances west and south of zero point. X-ray Unit to Be In Victoria Tuesday The mobile x-ray unit of the Man- kato branch of the Minnesota Tuber- culosis Association will be -in Victoria at the Victoria Lumber Co. Tuesday from 9 to 10 a.m. The unit has not been in Victoria for several years. This visit was re- quested by Mrs. Jerome Aretz who headed the Victoria TB fund drive last fall. Anyone 18 or over is urged to take advantage of this opportunity for a free chest X-ray. I FQ L Chanhassen Country Club, o� Site Planned n r- A 400 - lot development t with country club, marina, ;1 stable and bridle paths, ten- nis courts and golf course is being established by Lake Lucy and Lake Ann in Chan- hassen. 1 e d 1 v. b it r I di nc 1£ co The lots of the develop- it: ment, called Oak Mont ul Estates, range from 14,000 to 30,000 square feet and cost $6,000 to $12,000. m Lot buyers can build any to house that meets the ap- proval of the developer, Ly- beck said, which would prob- ably mean a $30,000 mini- p, mum. P� Lybeck also said eight d, builders will be putting up ''?1 20 model homes in the com- ing year. C The site formerly was a e� boys' camp, and a barn that came with the property has been remodeled and convert- ed into the country club, he said. r Lybeck said about 90 of c the lots are on a lake shore. F. He said a connecting water- way between the two lakes, where the marina will be lo- A- I cated, currently is being 'dredged. b The developer is Ronald E. Lybeck, president of Mid - America Properties, Inc. The 200-acre site borders on County Road 117 (Galpin Lake Road). "Country club living" is becoming increasingly com- mon, Lybeck said. "People are educated to this type of living." 2i loge of ClianliaJ fen Box 147 Chanhaa.4en, Ainneaota 55317 Ueleplione: 474-50$0 8885 March 31, 1969 MEMORANDUM To: Planning Commission Robert Scholer, Vice Chairman Subject: Oakmont Sewage Charge I was surprised and concerned when I attended the public hearing and no decision had been made on the sewer charge for Oakmont. I understood that they had a meeting with the Engineer while I was in the hospital and a decision was reached. The Engineer, Fiscal Agent and the Village Council are working on a Village Policy for developers now. We expect to arrive at a tentative policy by the middle of April and we will submit it to you for your comments. The next procedure would be to adopt this as an Ordinance and as such it would become a Village policy. It seems to me the fastest this can be done is two months. As we will have a policy by June 1. It is regretable that this takes so long but that is the way with Government. I wonder about the Oakmont plan. It seems to me there is great indecision on the part of the developer as to what he wants. I highly recommend the planners walk or ride over the area. I did it today and I was surprised. I think in view of the happening on Oakmont that the hearing be adjourned until June when we are sure we will have plans for financing sanitary sewer. You may or may not be aware of the fact that interest rates have passed the 6% mark, this creates additional problems for the Village. Your comments on the above will be greatly appreciated prior to our April 14th meeting. GC:jm Sincerely, Gene Coulter Mayor Z7lte `3afte.0 Crowing Suburb .fin Ulte Soutltweit (%lff,aye of C4an4a:.a.en PLANNING COMMISSION Carver County MEMORANDUM To: Mayor and Councilmen From: Planning Commission Subject: Oakmont Chanhassen, Minnesota 55317 March 21, 1969 The Planning Commission wishes to express concern that the Council did not follow the recommendation as set forth in our minutes of December 17, 1968, regarding the above referred to subdivision. The specific recommendation was that a public hearing be held after all engineering information on the construction and the financing of sanitary sewer, water, and drainage be available for study prior to the hearing. This information was not available for study and the result was a confusing presentation to the public on March 17, 1969. We have requested Mr. Lybeck meet with us on April is-t for discussion of certain changes in his plat that have developed since the sketch plan was submitted to us on December 17, 1968. We would hope that as a result of this .meeting we would have positive suggestions to the Council for future action on this plat. The Planning Commission is quite concerned that this plat and all future plats follow the steps and procedures as outlined in our new Platting Ordinance. Respectfully, Robert A. Scholer Vice Chairman Planning Commission RAS:jm PARK AND RECREATION COMMISSION MEETING n March 20, 1969, at 8:00 p.m. The following members were present: Ed Seim, Sally deLancey, Gladys McCary, and Harvey Will. Berk Rodgers, Mery Eisel, and Steve Wolf were absent. MINUTES: The minutes of the March 6 mebting were approved as submitted. PLAN A - OAKMONT: Mr. Lybeck's plat was discussed at great length. The Park and Recreation Commission will again attempt to contact Mr. Lybeck to discuss the park plan. A motion was made by Gladys McCary and seconded by Harvey Will that the Park and Recreation Commission wishes to express to the Council that it endorses fully the statements made by Chairman Ed Seim at the public hearing on the Oakmont preliminary plat. A copy of the statement is attached. The Park and Recreation Commission recommends that the Council take expedient action in approving the proposed Generalized Guide Plan and the Chanhassen Park Study (Plan A). Motion carried. STREET NAMING: The Park and Recreation Commission will request that Mrs. Neils present the street naming plan to the Park and Recreation Commission so that it may be reviewed and approved. n AGENDA: The Park and Recreation will request the Village Administrator to distribute the Park and Recreation agenda to the Council and other Commissions. RECREATION: A motion was made by Harvey Will and seconded by Gladys McCary that the Park and Recreation hire Mrs. Eleanor Winters for the guitar program for a fee of $250.00 for 2h hours per Saturday for eight weeks beginning April 12th. Advanced students from 2:00 to 3:00 for $12.50 and beginners from 3:00 to 4:30 for $10.00. Motion carried. The Park and Recreation Commission approved the hiring of Ron Mielke as a Summer Recreational Director for a salary of $900.00 for a period of eight weeks, plus planning sessions. A motion was made by Sally deLancey and seconded by Harvey Will that the Park and Recreation Commission hire Larry Meuwissen for our Teen Center Supervisor at a salary of $2.00 per hour for approximately 18 hours a week. Motion carried. The coke machine for the Teen Center was delivered March 17th. The proceeds from the coke machine will go to the Park and Recreation Commission to defray expenses for running the Teen Center. Meeting adjourned 10:30 p.m. Rosemary W�11 Secretary bF Mr. Chairman, Members of the Council, Fellow Citizens of Chanhassen: I am Ed Seim, a resident of the western part of the Village, and I am here tonight as a private citizen and a member of the Park and Recreation Commission. I should like to ask the permission for time to speak to the suitability of the proposed plat on two levels: (1) the flaws in the plat as it stands and (2) the place of this plat in the overall development of the community. But first if I may, allow me to document the importance of the task which we are about here tonight. Most of us live in Chanhassen because we like the tone and character of our community as it now stands and we are now confronted with a burgeoning development that xjill in a short time completely obliterate the natural beauty and spaciousness of our community unless that development compliments rather than destroys the environment. Jacob I. Bregman, the Deputy Assistant Secretary of the Interior for Water Pollution Control has said recently, "Economic growth and environmental quality go together. In the long run, economic growth and life itself depend on environmental quality. And, in the short run, of what use is economic growth if, in promoting economic growth, we create an environment in which it is not a joy to live?" Gordon Harrison, a program officer for the Ford Foundation spoke as follows of "Space for people." Being a soil scientist by training, I became interested in the soil capabilities of the area under question. A new soil survey of Carver County has been completed within the_past two y9ars and has been recently published. I hurriedly'-made`an overlay of the soil building capabilities as listed in that publication. The conclusion from this type of study must be that the plat does not adequately take soil building capabilities into consideration. Many future homeowners in toe proposed development would almost certainly face difficulties with drainage, septic systems, silting and possibly flooding. I am sure that the natural beauty of this piece of land under discussion and its proximity to two lakes was one of the things which attracted the developer, and yet this plat which is being submitted tends to destroy those very features. The clean unspoiled beauty of the lakeshore will be replaced by a row of houses. Drainage will require considerable cutting and filling, further changing the landscape. The development of septic systems, even of limited number in soils with high water tables and with little absorption capacity coupled with increased ero$ion and sediment from the development of upper areas will lead to rapid aging of the two lakes to a point where algaw growth and sanitary pollution will make them undesirable for recreation or fishing. ® These lakes are relatively small in Vomparison with Lake Minnetonka. We have all become aware of the sad state of that great lake and are hopeful that it may not be too late to effect a cure for the ills man has imposed on it. Being small and having less water volume to dilute pollutants, the rate of aging of Ann and Lucy Lakes is likely to be much more rapid than a larger lake for the same volume of effluent, sediment and pollution levels. 1 One example of what can occur is shown by the development of the land around a lake named Lake Varcroft, near Falls Church, Va. Development first occured around the shores of the lake. Later development upslope 4as unleashed a flood of pollution and sediment that threatens the lower homes and the very existence of the lake. The community has now organized a massive dredging and reclamation effort to right the earlier wrongs at a fantastic cost. In addition to the pollution possibility which the plat represents to the lakes, the plan indicates the closure of a natural channel leading from Lake Lucy to Lake Ann. This is a small creek like channel which cannot be navigated by motorboat but which does provide access to each of the other lakes for a canoest. I have not had time to check but I feel that the planned closure of the channel would represent a violation of Minnesota Law regulating the flow of natural waters. In that respect however, Ordinance No. 22 of the Village of Chanhassen defining nuisances, etc. states in Section 3, the following are hereby declared to be nuisances affecting health. No. 15. The pollution of any public wekk, stream, eiver, lake or body of water, by sewage, creamery or industrial waste or other substance. Gentlemen, I believe any qualified environmental scientists would have to concur that the proposed development as planned would necessarily contribute to the pollution of Lake Ann and Lake Lucy. In addition, our Senator to the State of Minnesota, the Honorable John Metcalf, introduced into the Legislature on January n 22, 1969, a bill #159 which if enacted would prohibit the construction of any building other than boathouse or marine storage facilities within 50 feet of the high water mark of any lake in.the State and 2.-no"septic system or cesspool shall be constructed'withir� 125 feet of the high water mark. This law if passed would make development of the lakeshore lots on the proposed plat very difficult. The septic system would necessarily have to be in the front yards or street side of the homes. Wells would then be difficult to locate without incurring contamination from seepage from the uphill drainage systems. The placement of the homes on the lots would be severely'restricted by the set -back requirements on the street side and the set back from the high water line on the lake side. Certainly one question which the Council should ask the developer is that he present an overlay indicating the high water line. I am sure such an overlay would ipdicate that some of the proposed lots would require substantial fill if they were to be put above the safe drainage and flood levels. There are additional points of the plat which could be criticized, but for the Council and the citizens assembled here I should now like to speak to the 2nd level on which I oppose the plat. From the standpoint of the community, Lake Ann and Lake Lucy are two major resources of the community. The -question then arises as to whether that resource will be developed for the benefit of a few or for the good of all. Park planners and recreation specialists will tell you that one of the finest park and recreation facilities which can be developed is one which includes access tQ an entire lakeshore. Lake Ann is the only major lake totally within the limits of Chanhassen which still offers this possibility. To see the benefits of this type of lakeshore development one has only to look at the development r� and use of the Minneapolis Chain of Lakes. Not only do they provide open space and an amazing recreation facility but they have influenced the development of land much farther back from the lakeshore than if they had been platted as lakeshore homes. The result has been a beautiful community of attractive homes which has maintained its tax base and resisted decay for more than a half -century. The Park and Recreation Commission has been aware of the natural beauty and recreational possibilities which this tract possesses for over a year and a half. We made plans over a year ago to work toward an overall park system which incorporated this peninsula and natural drainageways into a system of parks and trails. our ideas were made known to the Village Planner who at the time was Jim Knight of Nason, Wehrman, Knight, and Chapman and became a part of the generalized guide plan which was then being assembled and is now awaiting approval pending review by the Metropolitan Council. I realize that the guide plan has not yet gained final approval of the Council but I fail to see how the developer could seemingly fail to take it into account in his development plans. Nor do 1 see why he should want to. Mr. Leon H. Weiner, President of the National Association of Home Builders in Wilmington, Delaware, presented the developers viewpoint at a conference on Soil, Water and Suburbia in 1967. He speaks of cluster zoning and planned unit development and says the problem, has been one of educating the community fathers at the local level. Mr. Councilmen, I should like to have you ask Mr. Lyhe_gk: to challenge your educational level on this matter rather than present in the words of Mr. Weiner, another cooky cutter sprawl type of development. The Park and Recreation Commission at the direction of the Council has had a study made by acquired the services of Brauer and Associates to review and develop the overall park system plan which will serve as a guide to the future park and recreational needs of the community. Mr. Brauer, who is one of the foremost authorities in the country in the area of park planning and community development has said that Lake Ann and the adjoining lakeshore is one of the major assets of the community and that its development as a community lake is vital not only to the park and recreational needs of the projected populus of the community but to the long term economic well-being and growth. Parts of the proposed plat are included in both the primary and alternate park plans which have been approved by the Park and Recreation Commission, the Planning Commission, and the Industrial Commission and which are now pending approval by the Council. In view of the criticism made against the plat, I as a private citizen and as a member of the Park and Recreation Commission should like to recommend that the Council ask the developer to review his plat and (1) either make such alterations as seem necessary to guarantee the preservation of the natural resources in this area or (2) to meet with representatives of the Council to agree upon a fair and equitable compromise that will guarantee that the public interest, and the future economic growth of this community are not being sacrificed. 2%iltage o f Cltanita.4jen flox 147 Ckanlia3.Ien, Jlinneaoia 55317 Zelephone: 474-M20 8885 March 19, 1969 Mr. Ronald E . Lybeck Route #5, Box 201 Excelsior, Minnesota 55331 Dear Mr. Lybeck: We have reserved time from 8:00 to 9:00 p.m. on Tuesday, April 1 for further discussion with you regarding your sketch plan and preliminary plat for the Oakmont Subdivision. Specific points that we would like to discuss with you are as follows: 1. The plat as presented at the March 18 public hearing varies in a number of ways from the sketch plan that the Planning Commission reviewed on December 17, 1968, and we would like to discuss this. 11::2. You made reference.to opening your golf course to the public. This is in direct contradiction z Hof to the representation made December 17, 1968, �. that this would be a private golf course. We are now confronted by an entirely different traffic and parking situation. �3. Representation that the park on Lake Lucy might r now be dedicated to the public is in direct contradiction to your representations made on December 17, 1968, that this would be a private irk for the residents of Oakmont only, presenting again the problems of additional ✓� traffic and parking. If you are contemplating any further changes in the nature or the character of your development that have not been discussed with the Planning Commission at the sketch plan level, I would suggest that you keep the Village Planning Commission informed of these changes. I would further suggest that you check with the Village Administrator on the required exhibits for preliminary plat consideration required under our Platting Ordinance so this information can be made available to the Planning Commission for reviewal under the 14 days lead time as provided in said ordinance. Yours very truly, Robert A.,.Scholer Vice Chairman Planning Commission RAS:jm Z7Ae IaReit C'rowing Suburb .fin Z7ke Soutkuwit £ i�lerch 10, 1969 N =ir. George Bizea 4233 Wilson Street `4innetonka, 14innesota 55343 Dear George: It has come to my attention that thare is some concern on your Dart as to the lot purchase you made in our proposed Oakmont addition in Chanhassen. First of all let me state that until this plat is filed and becomes a legal part of the 'Village of Chanhassen, we will allow you to receive a full retunn of your money. Going back to our original discussion, you were informed that this was only a preliminary plat and had not received finial approval from the Village Council. 2 Our public hearing 3a called for on the seventeenth of March at 5:00 p.m., at whioh time we hope to receive final ap- proval. I donnot expect any roadblocks of any hind; however, that again is up to the Village of Chanhassen. To ease your mind, let me state further again that we would refund your money at any point. Also, let are state that because of any concern on your part, it might be wisd for you to withhcyUd any payments until such time as we have final approval. If you have OW furtherr questions, why don0t you stop by and see me, and we'll discuss it further. Sincerely, RII.: AS R. B, bybeck VILLAGE OF CHANHASSEN, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED PLAT OWNER MR. RONALD LYBECK To Whom it may Concern: Notice is hereby given that the Village Council of the Village of Chanhassen, Minnesota, will meet in the Village Hall at 8:00 p.m., Monday, March 17, 1969, to consider approval of this proposed plat. The area proposed is Government Lot 1, Section 11, Government Lots 1 and 2, Section 10, the Northwest Quarter of the Northeast Quarter of Section 10, part of the Northwest Quarter of Section 10 and part of Government Lot 3, Section 3, all in Township 116 North, Range 23 West of the 5th Principal Meridian. Such persons as desire to be heard with reference to the proposed plat will be heard at this time. Dated this 17th day of February, 1969. Adolph Tessness Clerk -Administrator Publish March 6, 1969. Notices regarding public hearing an March 17, 1969, sent to the following: Roy Steller, Route #4, Excelsior Joseph Johnson, Route #5, Box 203, Excelsior Mrs. Burton Lyman, 822 Third Avenue, Excelsior Richard B. Lyman, Route #5, Box 199, Excelsior Lake Ann Development Corp. 901 1st Street North, Hopkins Robert E. Day, Route #5, Box 205, Excelsior Greenwood Shores Association, Gordon Carroll, Pres., Route #4, Box 870 Robert Lorence, Jr., 477 Riverside, Mora, Minnesota 55051 WILLIAM D. SCHOELL CARLI! Planning Coramseion Village of Chanhassen Gentlemn: SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS 7614 - 50 NINTH AVENUE SOUTH - HOPKINS, MINNESOTA 55343 March 4, 1969 Subject: Revielt of Preliminary Plat of Osakwnt Ronald B. Lybeck, Owner and Developer In accordance with direction from the Chanhassen Village Council, we have reviewed the subject preliminM plat to dete=l= its conformance with Village Platting Ordinance Bo. 33. Oakwmt is a proposed subdivision containing about 186 acres lying just west of aW between Lake Lucy and Lake Arm in the north central part of the village. it contains 319 lots and 10 outlots, the latter including two which contain most of the pleat areas within the subdivision, one containing the existing residence, barn, swimming pool and tennis court, and one uhich in- cludes about 700 feet of shore an Lelte Lucy. The remaining six are fractional lots which may be added to contiguous property and made full lots vheu it is developed. The gross non -roadway area of the plat is 6,920,000 square feet.. Divid- ing this by 15,000 results in a maxirap nilotmble number of lots as 460. All data required has been shown with the following exceptions: 1. Existing zongin classification. 2. is of owners of contiguous band. 3. Copy of restrictive covenants, if zany, on abutting land. STREET ARRANMX" MT-D LOT LAyOff The street arrangement and location of Outlots B and C takes into account the existence of peat soil as shown by borings submitted with the preliminary plat. The brown line shorn on the drawing delineates the approximate boundaries of the area containing peat 5 feet or mew in depth. The minimum size lot shown is 13,200 square feet in area. Most lots are in the 13,200 to 15,000 Sq. Ft. range, esmpt a few where steep grades or other conditions dictate larger areas. Outlot B, one of the peat areas containing about 25 acres, is shown to contain a nine -hole golf course. Peat depths vary between zero and 24'. It also includes two small ponds interspersed In the drainage system. It is Planning Commission Page 2 March 4, 1969 apparent that these ponds will contain aster at the same level as the two lakes. There is sufficient provision made for the extension of subdivision streets into adjacent unplatted land. The peninsula between the two lakes contains a 'tdl-de-eac about 1,400 feet long, with no carmection to the Green - mood Shores subdivision to the east. The abutting portion of Greenwood Shores is dedicated as a publicpark. Consideration should be given to the.extension of Cypress Point Drive to connect with the Greenwood Shores road system; this will have the following advantages-. polio protection, fire protection, road maintenance and suave plowing. will be made more efficient by the connection; a se6xg outlet in addition to Oakmont Drive for traffic from the subdivision will be provided in the interim autil future adjacent tracts are subdivided. A major dimOventage of the suggested road cormetios is the fact that it probably will attract sight-seeing traffic to the detriment of residents of this subdivision and Greenwood Shores; it will also attract people other than area residents to the Lakeshore area shown as Outlot A and may cause parking problems on adjacent streets. In any case, space for parking should be pro- vided near this Outlot, since subdivision residents will probably want to drive rather than walk. All roadway rights-of-w ay except a small portion of the entrance road are shown as 30' in width; cul-de-sac diameter is 1001. Ordinance 33 requires "Collector" streets to have R/W width of 80' and cul-de-sac diameters of 120'. We reco mend that the following streets be designated Collector Streets: Greet Oakmont Interlachen Dorado White Marsh Greenbriar From To County 117 Interlachen Oakmont Dorado Interlachen County 117 Oakmont Interlachen Oakmont South tract boundary Your attention is invited to the 300' cul-de-sac shown as Pinehurst Drive near the west end of the peninsula. We recommend the deletion of this street and the rearrangement of lots in the vicinity. This may mean the lose of two or three lots, but we believe the expense of providing these double frontage lots and the streets and utilities to serve them is not warranted. County Road 117 borders the tract on the vast. Present R/W width is 661. Mr. C. D. Gibson, Carver County Engineer, has stated that about 17' additional width will be needed on each side of this road when it is upgraded to now county road standards. There are no present plans for this work. It is also shown as a Thoroughfare in the Chanhassen Community Growth Onside Plan and a R/W width of 100' is recommended in that. plan. Whitepine Drive 'is shown as half -width for a part of its length. Devel- opment of Lots 3, 4 and S, Block 8, should be delayed until full proposed R/W width becomes available. The same recommendation applies to Lot 3, Block 4. A temporary cul-de-sac should be provided at the south end of Interlachen Planning COMMAssion Page 3 March 4, 1969 L1 I�I II -I II me ZAMW Btftat grades are within the 11 mi.te allowed and appear satisfactory. We have used the criterion that all drainage originating from street runoff should be courAined in pipe ubere It borders side or rear lot lima. Why off channels cross sump easements or the area shoaa as golf courses, they should be construcbd so as to appear of natural origin, f. e. winding, with Irregular beak . brainage originating on County Road 117 should be piped from the rear of and 6n the common lute between Lots 42 and 43, Block 10, to its disposal in 0utlot C. An area of about 13k acres outside the plat drains through this uatuxal dram. The street grade In (Wwont: shrive at the golf course should be raised slightly and lower cuivarts of equivalent hydraulic capacity could be sub- stitutod for the 369 pipe indicated. 1n all locations where ippe carries road drainage to a sump or to a lake, they pipe should be extended to the sutV area ditch or to the lake. This will eliminsts open ditches on side lot lines, which do not provide satisfactory capacity during the spring runoff. The grade of Tryall. Drive should be revised to give a continuous grade from the plat boundary to Oakmont Drive and the culvert between Lots 1 mad 2, Block- 8, eliminated. The drainage way acting Lake Lucy and Ann probably should incorporate some means of flow control. This will be chocked with the Conservation Depart- ment for their roe, ,,,Watious. A culvert should be provided under Oakmont Drive at County Road 117 to convey east ditch drainage southward. This time be done by Carver County. Drainage leaving the plat area and entering adjacent property appears to follow natural drainage patterns. There should be.a drainage swage along the rear lot lines of Lots 1, 41, 42 and 43, Block 30, to facilitiate drainage from the county road slope Into the atom m*mr bebmen Lots 42 and 43. use!g Utility easements are indicated in the front 10' of each lot for buried electric and telephome utilities. Prior to the time this proposed plat is approved, further checking will be done to determine whether this will be sufficient for'such construction. Drainage easements have been delineated on one copy of the preliminary drainage plan and are recommended to be required. Easements should be 7irs on each side of lot lines indicated. Unless drainage easements contain runoff from adjacent streets, no pipe will be required. Planning Ca®w3evsion Page 4 March 4, 1969 Easements for sanitary sewers will probably be ceded along the lake front In Mocks IS and 19. Location will be detest imd prior to submission of the final plat. Xmicipal Mary sewer is not immediately available to this tract. Under the ordinauce, a minimum of 30,000 egaare ft*t is required where IndividmI lot saw absorption systems are used. With the lot areas proposed, this would require a littler over two late it each building site until public senor be- come available. A study is In progress to determine the feasibility of pro- viding public sewer to this area, among others. WATER BUP y We recommend that a subdivision vOr system be required in this plat, Such a system miry be firmed entirely by assessment of benefitted property, or by a combination of connection charges to cover the cost .of the well, pump house and allied equipment, with assessram used to finswee water main slows. The system may be designed to fo= a part of the mtmi+cipal system when property intervening between the present system and this tract needs water. We roe ad your consideration of a 40-foot front setback requirement, rather than the 30` noted in tfie ordimme. This would provide spec® witbb the lot area for two cars in tarcim on a single driveway without infringing on public right-of-way. We recommend a vaiver• of the ordinance requirement for bituminous mat pavement on all streets until both sanitary sewer And water mains, and any otber utilities which will use the street R./W, are installed. A temporary substitute consisting of adequate: gravel base with one coat each of prime and seal bituminous coating will provide a reasonable roadway, saving the cost of installing a second pavement after utilities are completed. We recommend a pedestrian way for access to the tennis court and pool area in Outlot D from Blocks b and 11. We note that the ordinance requires such paths to be paved with a concrete sidewalk. The path froze Block 11 across the narrow part of dock 10 is steep cohere it rises to Oakmont Drive; if con- crete is used, it probably will necessitate some steps. We feel that this will become a maintenance problem during winter and suggeastthat consideration be given to leaving this path in a wild state so as to remove any municipal liability resulting from inadequate =mate nnnce. An understanding as to the final disposition of the buildings on dutlot D should be arrived at Very truly yours, SCROELL & MADZ50lH INC. Mchoell:sd PLANNING COMMISSION MEETING MARCH 4, 1969 The Planning -Commission meeting was called to order by Vice Chairman Robert Scholer. The following members were present: Robert Scholer, Anne Neils, Nicholas Waritz, and Harry Pauly. Al Barnacle, Dean Scheff, and John Neveaux were absent. r MINUTES: A motion was made -by Anne Neils and seconded by Harry Pauly to approve the minutes.of February 11. Motion carried. PARK AND RECREATION: Ed Seim; Chairman of Park and Recreation Commission, opened the meeting giving a brief report as to the status of the park study. At that time he turned the meeting over to Mr. Brauer the professional planner that the Park and Recreation Commission has hired to.make the park study. Mr. Brauer presented a comprehensive report on the park study explaining what would be the immediate use from the funds derived from a bond issue also how these funds could be matched by state and federal funds. He also explained the long range plans and estimated costs for implementing these plans. The Planning Commission asked questions of Mr. Brauer pertaining to the difference from the Generalized Guide Plan of the Planning Commission and the park study. Mr. Brauer stated that he felt that his park study was designed to generally follow the Generalized Guide Plan that has been adopted by the Planning Commission. Mr. Brauer also explained that his basis for estimating a general maintenance cost in other communities amount to approximately two mills annually. This -two mill cost should be emphasized that it is only an estimate as different communities may develop or maintain their park system at a different -level. Ed Seim closed this portion of the meeting by recapping the parks' plans stating that the Park and Recreation would hope phat the Planning Commission would forward.an approval to the Council of the park study. WESTERN HILLS SKETCH.PLAN:: Tom'4Klingelhutz and Doug Hansen were present to present -"a sketch plan on the balance of the Western Hills Subdivision They introduced Mr. Baldwin as their planner. This sketch plan has a total acreage of 93.1. Land that would be dedicated park land ll.l-acres.which is 11.8% of the total acreage and has 11.8-.acres in street dedication. Mr. Baldwin gave a detailed report explaining how the continuation of Kerber.Drive was maintained as a collector street through this sketch plan showing how also only -three lots use direct access onto this collector street. The park land that was shown on the sketch plan has access off three streets and comprises mostly of the pond area. The sketch plan also.indicate.d_two areas.for townhouses, explaining how these areas would be developed to compliment the entire subdivision. Vice Chairman Bob Scholer stated that the Planning Commission would make a decision on the sketch plan at their next meeting which would be forwarded to the developer. OAKMONT: The Village Engineer was present and gave a report on the �- Oakmont preliminary plat and explained•a number of points in his report dated March 4, 1969, subject; review of preliminary plat of Oakmont, Ronald E. Lybeck, Owner and Developer. Mr. Scholer requested that all Planning Commission members be present at the public he4ring on March 17 at 8:00 p.m. Sfudfops .( Basic Data Graphics L Febr=7 25, 3.969 I ov-, -k I�Zl L.'s, .�Im,;ck;ot'a 5151110:3 0 - -,.-ngineering, Services Wwtcr Data (Idhoohoro Plelltlnq) -4 divc= 17o--- by ono on ?ebrzia`7 25 961) 1 uz(zy :eop T. 116, - Fzn,-> 23, Ca--,-�ror 00,z:aty, -In. res-2.9-aQ-, 10 wmLOr Iev-slf3 -ilS an excopt, -1what obta�ned "n, Lm- a,,, vIrmo 3, 1959 -c-f.Uch --'u listlod bolaa: atc;r S,"Irface 6-3-59 9513-:50" TITatrAf- �"Laex (debris Una) 954.5 9541.2 !;uxv lzle W-;.',-,cr ZlUr;�aeo 613150, 953.62 High Wn�cr IlZaex (bl"eh 24-na rootz 01" dccm kah tme) 955-00 elevation 954.3 Tolp. luft upebraaun ecrmO.-Z.hcallurall of Vx4l zllcuzi=- � culverICA 5 :eor tz-n tee: oirtulet, O,lt.b ....... 00. 937.39 (Loiv cm,100- 0,35-79) (U.S. ilm. 9,31-76) (2) 60d spiko ir. notched S.E. coot of 1 21 it Burr Ca in A= !Jazu, 1000 So, of laka., 01 10E.A. aroa on So. cnd o 0 -7 , bay, 20-31 No.- of rd. crossing o' OlItl ot st- r"m 1, of 1929 901,11*01-0 ............. 00.9517 " 50 2. Mr. .Arthur Ostlsnd February 25, 1969 :hey two benchmarks above were established from U.S.G.S. BM stampod '1976 Adj. 9031:, located in a masonry wall around St. RuportIso Church in Chanhass- n, at elevation 974-8731, S•L.D. of 1929. Yours very truly, Eugene R. Gore, Director Division of Waters, Soils and Minerals BY Roger Williams, Supervisor Investigations and Studies Unit 9 SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS WILLIAM D. SCHOELL CARLISLE MADSON PHONE 938-7614 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 17, 1969 Village of Chanhassen c/o Mr. Adolph Tessness, Administrator Village Hall Chanhassen, Minn. 1�Subject: Engineering Review of Proposed Plats Gentlemen: ��• We have given the proposed plat of Oakmont a general review with Egan, Field & Novak, the surveyors now employed by Mr. Ronald Lybeck. The surveyors feel that the roadways should be rearranged somewhat in the light of the existence of peat in a wider area than was originally apparent. They feel that the revised plat can be ready for final review within two weeks. In order to save time, and with your permission, we will begin a detailed review of the plan immediately, reserving com- ment on the peat problem until the new arrangement is received, so that a final report may be submitted to you by the first week in March. - —t Very truly yours, SCHOELL & MADSON, INC. oz zaa� WDSchoell:sd cc: Egan, Field & Novak RLTSSELL H. LARBON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 335-9565 February 5, 1969 Mr. Adolph Tessness Clerk -Administrator Box 147 Chanhassen, Minnesota 55317 Re: Proposed Oakmont Subdivision Dear Mr. Tessness: Mr. Coulter and Mr. Hill have requested that I comment on the issue presented by the rumored sale of lots in the so-called Oakmont Sub- division prior to Village approval of the plat. Minnesota Statutes, Section 462.358, subdivision 4, provides that in a municipality in which subdivision regulations are in force and have been filed or recorded with the Register of Deeds, no conveyance of land to which the regulations are applicable shall be filed or recorded if the land is described by metes and bounds, or by reference to an unapproved registered land survey made after April 21, 19 61, or to an unapproved plat made after such regulations became effective (Chanhassen Township Regulations became effective June 2, 1958). The foregoing provision does not apply to a conveyance if the land described: a) was a separate parcel of record on June 2, 1958, or b) was the subject of a written agreement to convey entered into prior to June 2, 19 58 , or c) was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land of not less than 5 acres and having a width of not less than 300 feet. The foregoing statute also provides that any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this sub- division shall forfeit and pay to the municipality a penalty of not less than $100 for each lot or parcel so conveyed, and further, that the municipality may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. e Mr. Adolph Tessness -2- February 5, 1969 On June 2, 1958, Chanhassen Township by ordinance enacted subdivision regulations which were recorded in the office of the Carver County Register of Deeds on June 17, 19 58. Under Minnesota Statutes, Section 414.02 (5) (5), dealing with mergers, every town ordinance and resolution imposing regulations upon persons or private property within the new village continue in effect and become effective throughout the new village until repealed or superseded by new village ordinances. Accordingly, the Chanhassen Town- ship subdivision regulations presently govern land subdivision in this Village. These regulations provide in part that no plat or subdivision shall be approved by the Planning Commission without authorization of the governing body. The proposed Oakmont Subdivision is an unapproved plat made after the township subdivision regulations became effective, and therefore, convey- ances of lots within this unapproved subdivision come within the prohibitions of Minnesota Statute, Section 462.358, Subdivision 4. Accordingly, it is my opinion that the Village can either enjoin such conveyances or invoke the $100 penalty for each lot so conveyed. I am sending a copy of this letter to Mr. Coulter and Mr. Hill. You may wish to send copies to the other Council members. VVe trjly yours Russell RHL: b cc Eugene A. Coulter Hibbert Hill PLANNING COMMISSION MEETING JANUARY 21, 1969 Al Barnacle gave an outline of his personal goals for the Planning Commission. He thought the Village was to receive 1" = 400' scale maps and overlay maps from the planner, also if the Village is going to have a map made of the Village. Al asked what the Planning Commission or Council was going to do with 2� sections of industrial zoned land in the south part of the Village. He suggested the Planning Commission define a quorum also elect a Vice Chairman and would like to have Planning Commission members study Village Ordinances to become familiar with them. Al would like to delegate one Planning Commission member to attend Council meetings and familiarize that individual on Planning Commission recommendations before attending Council meetings. The Planning Commission meeting was called to order by Acting Chairman Al Barnacle at 9:25 p.m. The following members were present: Nicholas Waritz, Robert Scholer, Al Barnacle, Anne Neils, John Neveaux, and Harry Pauly. Dean Scheff was absent. MINUTES: The minutes of January 7th should be amended deleting Comprehensive Village Plan and inserting Generalized Village Plan. OAKMONT: Discussion was held on the letter that was sent by Robert Scholer to Mr. Lybeck dated December 19, 1968, and Mr. Lybeck's reply of December 23, 1968. These letters are added as an adendum to the minutes. A motion was made by John Neveaux and seconded by Anne Neils. to approve the minutes of January 7th as amended. Motion carried. 1. A motion was made by Bob Scholer and seconded by Nick Waritz to approve the minutes of January 14 with the following amendment: PLATTING ORDINANCE: Russell Larson and Planning Commission members reviewed Sections 8.03 (p) through 20 of the revised Platting Ordinance. Motion carried. HIGHWAYS 169 and 212: Bob Scholer and Al Barnacle invited all Planning Commission members to attend a meeting'on January 27 at 7:30 p.m. in Chaska to hear representatives of Howard, Needles, Tammen, and Bergendorr, consulting engineers retained by the Minnesota State Highway Department, explain the studies they are conducting concerning the future locations of Highways 169, 212, and 41. A questionnaire will be given to Planning Commission members to help the firm in their decisions. CHAIRMAN: A motion was made by Nick Waritz and seconded by Bob Scholer that Al Barnacle be elected Chairman of the Village of Chanhassen Planning Commission for the year 1969. Motion unanimously carried. VICE CHAIRMAN: Harry Pauly submitted Bob Scholer's name as Vice Chairman. John Neveaux moved nbminations be closed. Anne Neils seconded. Motion unanimously carried. Anne Neils will assist the Secretary to submit a resume of Planning Commission accomplishments for the year 1968. Planning Commission Minutes, January 21, 1969 -2- r ROBERTS RULES OF ORDER: A motion was made by Bob Scholer and seconded by Nick Waritz that the Planning Commission adopt Roberts Rules of Order for procedure at Planning Commission meetings. Motion carried. QUORUM: A motion was made by John Neveaux and seconded by Harry Pauly that a quorum for the Planning Commission be four members. Motion carried. REGISTERED LAND SURVEY (LUNDQUIST): A motion was made by Bob Scholer and seconded by John Neveaux that the public hearing for proposed Registered Land Survey dated January 4, 1969, submitted by Mr. Lundquist be held on February 11, 1969, at 7:30 p.m. Motion carried. PLATTING ORDINANCE: A motion was made by Nick Waritz and seconded by John Neveaux that the Planning Commission approve the Platting Ordinance as reviewed and revised by the Village Attorney and submit to the Council for approval. Motion unanimously approved. PLANNER: Village Council refer to Planning Commission minutes of July 30, 1968, which read as follows: On a motion made by Al Barnacle and seconded by John Neveaux to hire a professional planner for the year 1969. After much discussion all members r voted no. The reason being this would give the Planning Commission time to complete zoning and platting ordinances that they are jlow working on and 'stabilize some of the thinking of the Planning Commission and Park and Recreation Commission and at that time a professional planner would be utilized more economically on specialized planning phase. A motion was made by Harry Pauly and seconded by Anne Neils to adjourn. Motion carried. Meeting adjourned 12:30 a.m. Jean Meuwissen Secretary PLANNING COMMISSION MEETING JANUARY 7, 1969 On January 7, 1969, at 8:30 p.m. a meeting of the Planning Commission was called to order. The following members were present: Anne Neils, John Neveaux, Bob Scholer, Al Barnacle, Harry Pauly, and Nicholas Waritz. Dean Scheff was absent. MINUTES: The minutes of December 17 should reflect that Chairman Al Barnacle appointed Bob Scholer and himself to act as liaison with Mr. Lybeck (Oakmont Subdivision) in setting up the responsibilities for engineering studies and when and how the utilities would be put in and paid for. The motion regarding Oakmont should read as follows: A motion was made by Bob Scholer and seconded by John Neveaux that we advise the council that the Planning Commission has reviewed the preliminary plat at this meeting and find no serious conflict with the Comprehensive Village Plan and design standards and give permission to the developer to proceed with his preliminary plat subject to additional information on the construction and financing of sanitary sewer, water, and drainage prior to the public hearing. The Planning Commission recommends to the Council to set a date for the public hearing when the above information has been submitted and to inform the Planning Commission who will hold that hearing. Motion'carried. A motion was made by John Neveaux and seconded by Bob Scholer to approve the minutes as amended. Motion carried. REGULAR MEETING NIGHT: A motion was made by John Neveaux and seconded by Anne Neils that the second Tuesday of each month at 8:00 p.m. be designated as the official Planning Commission meetiing••. Motion carried. -, PLANNING COMMISSION CHAIRMAN: A motion was made by Bob Scholer and seconded by John Neveaux that Al Barnacle be appointed Temporary Chairman until the first official meeting of the Planning Commission (January 14). Motion carried. OAKMONT: Discussion was held on the letter that was sent by this committee and the answer that was received from Mr. Lybeck. After much discussion in regards to the park area shown on the Generalized Guide Plan, a motion was made by Bob Scholer and seconded by John Neveaux that the Planning Commission appoint two members to meet with Mr. Lybeck to see what could be accomplished in acquiring public park land so that this area would conform in all ways to the Generalized Guide Plan. The following votes were cast: Al Barnacle, Anne Neils, and Bob Scholer - no; Ni_ck Waritz, Harry Pauly, and John Neveaux - yes. Motion failed for lack of majority. It was the general feeling that the Village would not have the proper tools to purchase this land at this time. A motion was made by Anne Neils and seconded by John Neveaux that the Planning Commission urge one or more members of the Park and Recreation Commission meet with Mr. Lybeck to explore the possibilities of his development conforming more to the Generalized Guide Plan. The following votes were cast: Al Barnacle, Anne Neils, John Neveaux, and Nick Waritz - yes. Bob Scholer and Harry Pauly - no. Motion carried. a ®�CA y�J en Rox f47 C4anhaaaen, Xinneaoia 55317 Zelep4one: 474-. $0 8885 December 19, 1968 Mr. Ronald Lybeck Route #5, Box 201 Excelsior, Minnesota 55331 Dear Mr. Lybeck: Re: Oakmont On December 17, 1968, your preliminary plan for the development of Oakmont was considered and the Planning Commission noted that said plan generally met the objectives and standards of Chanhassen Village Guide Plan and design standards. However, before the Planning Commission will accept your application for preliminary plat approval or recommend the Chanhassen Council call a public hearing to consider said preliminary plat, we, the Planning Commission, need additional information. The Planning Commission Chairman has charged me with the responsibility of co-operating with you in compiling this needed information. In that capacity and to that end I will assume the following approach: You are applying for permission to subdivide and develop land to be sold to the public, in so doing you are making certain short term as well as long term requests for the services of our Village, therefore it follows that your application for subdivision must include your plans for providing utilities and your proposal for paying for them. If your plans for utilities include municipal services some or all of which you will ask to have assessed, your application should so reflect this. Sufficient time must then elapse to give our engineer and fiscal agent time to study your plan and evaluate its impact on our resources and finances and make their written reports to the Village prior to the public hearing. If you agree to this approach I suggest you submit information on or requests for the following services prior to our setting the date for public hearing. WATER: Indicate whether private or public. 1. If public, indicate whether all or part is to be assessed. 2. Will developer dedicate the well site? 3. Will developer underwrite and agree to reimburse the Village for preliminary legal and engineering costs accrued by reason of his application. 4. Will developer pay the full assessment and unit charge on each lot as he takes out the building permits? Z/te la Deft jCrowing Sa6up6 J,, Z7/ge %Ut/Ywejt Mr. Lybeck -2- December 19, 1968 SANITARY SEWER: Indicate whether private or public. A. If private - how many lots are to be left open? 1. What will be the status of street surfacing and maintenance in interum until the utility is installed? 2. Are easements provided for future installation of public collection system? 3. Is developer prepared to forego building on those lakeshore or channel lots where there is a question of polluting the lakes, list the lots to be so excluded from building. B. If public - is developer agreeable to underwriting same preliminary costs as above indicated for water? 1. Is all or part to be assessed? 2. Will developer guarantee for the first five years, a monetary return sufficient to offset the cost of bonded indebtedness for a sewer collector between his subdivision boundary and the present Village collection system. . 3. As an alternative will developer consider installing sewer collectors dry in anticipation of trunk collector being built by the Village within three years or less. 4. Will developer agree to pay all assessments in full on the first stage of development before applying for services to be installed and assessments levied upon the second stage of development. 5. Will developer pay each lot assessment, for sewer, in full each time he applies for a building permit? STREETS: 1. Streets to be constructed at developer's expense. 2. Submit design criteria for Village Engineer's approval. 3. Submit evidence of bondability for performance and one year warranty of any work to'be done by developer. STORM SEWER: 1. Is all or part to be assessed? 2. Submit design criteria for Village Engineer's approval. 3. Does the drainage plan provide for easements along lot boundaries? Sincerely, Robert Scholer Planning Commission RS:jm PROPOSALS FOR BUILDING AND FINANCING IMPROVEMENTS TO "OAKMONT" SUBDIVISION, VILLAGE OF CHANHASSEN, MINNESOTA. RONALD LYBECK, DEVELOPER, ROUTE 5, BOX 201 EXCELSIOR, MINNESOTA DECEMBER 23, 1968 VILLAGE OF CHANHASSEN C/O MR: ROBERT SCHOLER, REPRESENTATIVE OF THE VILLAGE PLANNING COMMISSION GENTLEMEN: I certainly appreciate the quick response by Mr. Scholer to our request made at the last Village Planning Commission meeting, and the clarity and logic in -the specific questions he has posed about our proposed development of "Oakmont". I will try to describe our plans in great detail and provide answers to the items noted in Mr. Scholer°s letter of December 19th. WATER I firmly believe that Oakmont should be served by a public water supply system. Since your present municipal system is probably too remote for immediate hookup, I would like to see the Village install a well and hydropneumatic tank in a pump house on or near the subdivision, and water mains in the`'streets. I will deed over or otherwise convey as your attorney might suggest, a site for a well and well house. Some arrangement such as establishing a "unit charge" for the well and pump house and tank, in the neighborhood of $100-$150 per lot to be paid prior to receiving a building permit on each lot, and paying the water main assess- ment on each lot in full prior to receiving a building permit thereon, would be satisfactory to me and would greatly expedite the process of developing Oakmont. By constructing only that portion of the water main layout necessary to serve each addition as needed, the Village's financial exposure would not be great, and each addition should be substantially full before mains were expen- ded to the next addition. As to underwriting preliminary legal and engineering costs accrued by reason of this application, we will be glad to pay whatever review fee you fairly establish by ordinance. SANITARY SEWER Here, also, it appears that provision of a public installa- tion will be in the best interests of the Village, myself, and the ultimate owners of homes in Oakmont. For that reason, I hereby request that whatever steps are required be taken to extend sanitary sewer to the bor- ders of the area as soon as possible. I will be glad to contract to pay my proportional part of the cost of such a sewer on whatever time basis will suit the Village financing plan; I believe the period of five years was mentioned at the Planning Commission meeting, and this is fine. I would also like to have the sanitary sewer laterals put in on an assess- ment basis, with each lot assessmentbeing paid up before a building permit is issued. I will pay whatever reasonable review fee on my plat that you establish, whether for eneineerine. legal or other services. VILLAGE OF CHANHASSEN PAGE 2 DECEMBER 231, 1968 As to easements for indicate these easements those already shown. sanitary sewer or other public utilities, I will on the plat, if additional easements are needed over I would not like to be required to put in "dry pipes1° for sanitary sewer, since this would in effect freeze a considerable sum of money with no return for whatever period it took the village to install sewers. If the Village puts in sanitary sewers; I see no difficulty in limiting this construction to the first addition first, and not starting on the second addition until the first.is substantially full, with all assessments to be paid up before build- ing permits are issued. If public sewer is not to become available to Oakmont for some consider- able length.of time, I would then limit building to only everytother lot, and with no building on lots where the private sewer system could not be fully constructed at least 25' away from any of the waters bounding the subdivision, so as not to contribute to pollution. If private sewer systems are built, it would appear reasonable that the road surfaces not be built up to the final design standard of a bituminous mat --they could be finished off with four to six inches of gravel, as indicated by the type of subgrade soil. STREETS I agree to construct allstreets at my own expense. As to design criteria, I will follow whatever standard you adopt for the muni- cipality. However, my engineer has suggested that a satisfactory standard for these subdivision roadways might be a subgrade of six to eight inches of gravel base on a base from which all peat or muck has been removed, with a lZ" to 2" bituminous mat about 26' wide on all roads except the main through road, where a 40' mat and base should be installed, giving plenty of traffic capacity for this arterial. As to bondability for performance, I would require my road contractor to furnish the standard one-year performance bond guaranteeing all work for a year's period. The bituminous mat would be bordered with a small bituminous berm about 4" high, where the adjacent grade will permit it. STORM SEWER Normally I would offer to build all storm sewer within the subdivision entirely at my own expense, to be done in con- junction with the road grading. However, there is a considerable amount of drainage tributary to this subdivision, particularly that entering at the north- west corner, which will necessitate oversizing quite a bit of the piping. I would like to have some village participation in this oversizing cost, if poss- ible. Design criteria for storm sewers is the runoff produced by a 5-year fre- quency storm; we intend to use street gutters and shallow ditch swales as much as possible to minimize piping. We will provide drainage swales wherever your engineer determines they are required for drainage, as well as for other utilities. I hope this will clarify my position in regard If you have any further questions, I will be glad to venience. Sincerely, to improvements for Oakmont. discuss them at your con- RQkEA�D LYBECK xxxx 8885 December 19, 1968 [Ir. Ronald Lybeck, Route #5, Box 201 Excelsior; Minnesota 55331 Re: Oakmont . Dear Mr. Lybeek : On December 17, 1968, your preliminary plan for the development of Oakmont was considered and the Planning Commission noted cLr-t. said plan generally met the objectives and standards of Cha.nec-sen Village Guide Plan and design standards. However, before th Planning Commission will accept your application for preliminary plat approval or recommend the,Chanhassen Council call a public hearing to consider said preliminary plat, we, the Planning. 'Commission, need additional .information. The Planning Commission Chairman has charged me with the rasponsibbility of co--operatz,-rg x with you in compiling this needed information. In that capac ;.y and to that end I will assume the1fol.lowing approacht .You eiie rpplyiag for permission to subdivide and develop land to be sold to the public, in so doing you are tasking certain short -te=,: as well :is long term requests for the'services of our Village, therefore it follows that your application for subdivision must include your plans for providing utilities and your proposal for flaying for them. If your plans for utilities include municipal services some or all of which you will ask to have Cssedsed, your a^placation should so reflect this. Sufficient .time mini:.thcL elapse to give our engineer and fiscal agent -time to study your plan and evaluate its impact on our resources and finances and make their: written reports to the Village prior to the public hearing. If you agree to this.approach I suggest you submit information on or requests for the;:following services prior to cur sitting the date for public hearing. WATER: Indicate whether private or public. 1. If public, indicate whether all or part is to be assessed. 2. Will developer dedicate the well site? 3. Will developer underwrite and agree to reiniburse the Village for preliminary legal and engiaeering costs accrued by reason of his application. 4. Will developer pay the full as3essment and unit charge on earl lot as he takes out the buildiAg permits? Mr. Lybeck -2- December 19, 1968 SANITARY SEWER: Indicate whether private or public. A. If private - how many lots are to be left open? 1. What will be the status of street surfacing and maintenance inninterum until the utility is installed? 2. Are easements provided for future installation of public collection system? 3. Is developer prei-)ared to forego building on those lakeshore or channel lots where there is a question of polluting the lakes, list the lots to he so excluded from building. B. If public -- is developer agreeable to underwriting same preliminary costs as above indicated for water? 1. If all or part to be assessed? 2. 1,1ill developer guarantee for the first five years, a monetary return sufficient to offset the cost of bonded indebtedness for a sewer collector between his subdivision boundary and the present Village collection system. 3. As an alternative will developer consider installing sewer collectors dry in anticipation of trunk collector being built by the Village within three years or less. 4. Will developer agree to pay all assessments in full on the first atage of development before applying for services to be installed and assessments levied upon the second stage of development. 5. Will developer pay each lot assessment, for sewer, in full each time he applies for a building permit? STREETS: 1. Streets to be constructed at developer's expense. 2. Submit design criteria for Village Engineer's approval. 3. Submit evidence of bondability for performance and one year warranty of any work to be done by developer. STORM SEWER: 1. Is all or part to be assessed? 2. Submit design criteria for Village Engineer's approval. 3. Does the drainage plan provide for easements along lot boundaries? Sincerely, Robert Scholer Planning Commission RS:juk PLANNING COMMISSION MEETING DECEMBER 17, 1968 On December 17, 1968, at 8:20 p.m. a meeting of the Planning Commission was called to order. The following members were present: Dean Scheff, Bob Scholer, Al Barnacle, John Neveaux, Harry Pauly, and Nick Waritz. Anne Neils was absent. MINUTES: A motion was made by Bob Scholer and seconded by John Neveaux to approve the December 5th minutes as submitted. Motion carried. It was reported that the Township Platting Ordinance was filed at the Court House. OAKMONT: Mr. Lybeck and Mr. Schoell were present asking preliminary approval on the plat. The subdivision has 14.4 acres in private park land. Mr. Lybeck stated he would like to have 50 homes built in 1969 in the first addition. The Council has not instructed the Engineer to study the feasibility of sewer and water to this subdivision. A motion was made by Bob Scholer and :seconded by John Neveaux that the Planning Commission has revi.:wed the preliminary plat at this meeting and find no serious c3nflict with the Comprehensive Village Plan and design standards and give permission to the developer to proceed with his preliminary plat subject to additional information on the construction and financing of sanitary.sewer, water, and drainage prior to the public hearing. The Planning Commissio�i• recommends to the Council to set a date for, -the public hearing when the above information has been submitted and to inform the Planning Commission who will hold that hearing. Motion carried. CONSULTING ENGINEER: Harry Pauly, Anne Neils, and Nick Waritz were appointed to help pick a new consulting engineer for the Village. Harry Pauly will define the procedures in the Planning Commission Ordinance. Nick Waritz will look into the future of the Village as far as development, sewer, schools, etc. Meeting adjourned 11:30 p.m. Jean Meuwissen Secretary PLANNING COMMISSION MEETING DECEMBER 5, 1968 On December 5, 1968, at 8:00 p.m. a meeting of the Planning Commission was called to order. The following members were present: John Neveaux, Al Barnacle, Dean Scheff, Harry Pauly, Nicholas Waritz, and Anne Neils. Robert Scholer was sworn in as a new member. MINUTES: A motion was made by Dean Scheff and seconded by John Neveaux to approve the minutes of November 12 and 26 as submitted. Motion carried. PLATTING ORDINANCE: Russell Larson and Planning Commission read through the revised Platting Ordinance and discussed many points. Mr. Larson was asked to check with the Register of Deeds to see if the Township Platting Ordinance was ever filed. The Platting Ordinance will be completed in approximately thirty days. GENERALIZED GUIDE PLAN: A motion was made by John Neveaux and seconded by Harry Pauly that the Planning Commission give final approval to the Generalized Guide Plan and send to Metropolitan Council. After much discussion Harry Pauly withdrew his second and John Neveaux withdrew the motion. Before the plan can be given final approval a public hearing must be .held. On a motion.made by Anne Neils and seconded by Dean Sch.exff that the Planning Commission give approval to the Generalized Guide Plan to be presented to the Metropolitan Council. Motion carried. A motion was made by Harry Pauly and seconded by Dean Scheff to adjourn. Motion carried. Meeting adjourned at 12:15 a:m. Jean Meuwissen Secretary PLANNING COMMISSION MEETING OCTOBER 29, 1968 On October 29, 1968, at 8:00 p.m. a meeting of the Planning Commission was called to order. The following members were present: Al Barnacle, John Neveaux, Richard Lyman, and Nicholas Waritz. Harry Pauly, Dean Scheff, and Anne Neils were absent. MINUTES: On a motion made by John Neveaux and seconded by Rich Lyman to approve the minutes of the October 15 meeting. Motion carried. PLANNER: Mr. Chuck McGuire of Nason, Wehrman, Knight, and Chapman, was present to explain and discuss the Generalized Guide Plan with Planning Commission members. The Guide Plan, Zoning Ordinance,.and Subdivision Ordinance should be sent to the Metropolitan Council. It was decided that the Planning Commission members should study the Generalized Guide Plan and submit any questions or changes to the Secretary to relay to the Planner by November 6. SIGN ORDINANCE: The Planning Commission decided to ask Robert Naegele, Jr. to attend the November 26 meeting instead of the regular meeting on November 12. OAKMONT: A.letter from Mr. Lybeck requesting sewer and water was read -and discussed. On a motion made by John Neveaux and seconded by Nick Waritz the meeting adjourned at 11:00 p.m. Jean Meuwissen Secretary OAKMONT: A letter was read from Mr. Lybeck concerning the Oakmont Addition. The Administrator was instructed to send a letter to Mr. Lybeck informing him in detail of the necessary items needed to present his plat to the Planning Commission for preliminary approval so that a public hearing date can be set. PROPOSED BANDIMERE HEIGHTS SECOND ADDITION: This proposed plat was discussed. The Administrator to contact Mr. Bandimere and go over the necessary details before presenting plat for preliminary approval so that a public hearing can be held. The existing Bandimere Heights street must be brought up to Village standards before this plat can be completely approved. SECTION 12, I-1 INDUSTRIAL DISTRICT ORDINANCE: This preliminary draft was discussed at length. Minor changes were made in this draft. Administrator was instructed to revise the draft and mail copies to complete Planning Commission and Council as this is the zoning regulations the Planning Commission is recommending that the two aforementioned properties will be required to abide by. Meeting adjourned 12:45 a.m. Adolph Tessness Clerk -Administrator Adolph Tessnes Administrator Village of Chanhassan Dear Mr Tessnes: Kishing to keep you up to date on the rapid progress that is being made at Oakmont and the need for advance planning for utilities, I am writing this letter. Our survey and ground control work, contouring and preliminary staking will completed within two and a half weeks. Work on our clubhouse will proceed apace with planned exterior changes. We hope to be iA position to sell the first of the lots by December first. Water and sewer, of course, are a prime consideratio n in the progress of Oakmont and I would like to urge that the village give this matter earliest attention. Sincerely, R E Lybeck 6466 Westchester Circle z,inneapolis, Minnesota 55427 October 25, 1968 "Z - --j 11'� PLANNING COMMISSION MEETING SEPTEMBER 17, 1968 On September 17, 1968, at 8:30 p.m. a meeting of the Planning Commission was held. The following members were present: Anne Neils, Al Barnacle, Nicholas Waritz, and John Neveaux. Harry Pauly, Richard Lyman and Dean Scheff were absent. MINUTES: On a motion made by Anne Neils and seconded by Nick Waritz to amend the minutes of September 10 to read: The average lot size is over 15,000 square feet including private park area. Motion carried. On a motion made by Nick Waritz and seconded by Anne Neils to amend the September loth minutes to delete the third paragraph under OAKMONT. This will be discussed tonight. Motion carried. On a motion made by Nick Waritz and seconded by Anne Neils to approve the September loth minutes as amended. Motion carried. BEIERS COMPANY PLANNED INDUSTRIAL PARK: Mr. Maxfield Otto, Attorney, and Mr. Carl Madson, Engineer were present asking for final approval of the plat. They stated the only change was easements between Lots 1 and 2, and 2 and 3 because of one firm purchasing these three lots. On a motion made by Anne Neils and seconded by Nick Waritz to recommend the Village Council give final apprpval to the Beiers Company final plat notingthe exclusion of easements between Lots 1 and 2, and 2 and 3 in Block 1. Motion carried. RAY BRENDEN - HOUSEMOVE: On a motion made by John Neveaux and i^ seconded by Nick Waritz to recommend the Council give Mr. Brenden permission to move his house onto a 30,000 square foot lot on his property oneCounty Road 117, Section 3, Township 116, Range 23 as surveyed by Arleigh Smith Registered Surveyor. The survey will be presented at the September 23rd Council meeting. This will coincide with the second house that was approved at the September 3rd Planning Commission meeting. This house will be an asset to the existing area. Motion carried. STREET LIGHT SUNRISE HILLS SECOND ADDITION: On a motion made by John Neveaux and seconded by Anne Neils that the Planning Commission does not feel there is a need for the Village to install a street light at this time in view of the letter from the acting Police Chief dated September 17, 1968. Public safety is not involved and would not be for the general betterment of the Village. Motion carried. STREET NAMEING AND NUMBERING: Anne Neils explained a new nameing and numbering system. Streets running east and west would be numbered. Streets north and south would be named. Suggested names were: Indian and Westers, Trees, Birds, Wild Flowers, and Animals. Anne will set up the above names and street numbers and report back to the Planning Commission. SEWER LINE: On a motion made by John N.eveaux and seconded by Anne Neils that the Panning Commission discussed the preliminary proposal for a trunk line from the existing lift station in Chanhassen Estates to the proposed Oakmont Subdivision. The Planning Commission would recommend the Council take this under advisement as to the feasibility of this line. Motion carried. PLANNING COMMISSION MEETING SEPTEMBER 10, 1968 On September 10, 1968, at 8:00 p.m. a meeting of the Planning Commission was held. The following members were present: Al Barnacle, John Neveaux, Anne Neils, Nicholas Waritz, Dean Scheff, and Harry Pauly. Richard Lyman was absent. MINUTES: On a motion made by John Neveaux and seconded by Anne Neils to approve the minutes of the September 3, 1968, meeting. Motion carried. SUNRISE HILLS 3rd ADDITION: Mr. Robert Scholer submitted a written statement and a written request with signatures of all affected property owners. He is asking permission to resubdivide Lots 4, 5, 6, and 7 Sunrise Hills Second Addition into five lots. On a motion made by John Neveaux and seconded by Nich Waritz that the Planning Commission recommend the Village Council approve the resubdivision of Lots 4, 5, 6, and 7, Sunrise Hills Second Addition into five lots as per letter, signed notification of intention, and map of Sunrise Hills Third Addition. Motion carried. OAKMONT: Mr. Carl Madson and Mr. Bill Schoell of Schoell and Madson, Mr. Ronald Lybeck, owner, and Mrs. Winters, realtor were present. A few changes were noted on the map (1) the lots bordering on County Road 117 will not have direct access onto County Road 117 and (2) 20 to 30 feet between lots will' be an easement for bridal.trails. The average lot size is 14,000 square feet not including the park areas. Dean Scheff asked about the sewage disposal problem. Mr. Schoell stated he had contacted the Conservation Department and Pollution Control Agency regarding a temporary sewer plant for this area. Both stated*they would not want this because of the effluence draining into the lakes. A preliminary sketch of the proposed trunk line from an existing lift station up to.the proposed Oakmont was discussed. The estimated cost is $270,000. This would serve the Oakmont Subdivision with municipal water and sewer and relieve both the Village and the j developer of installing these -services after lots have been sold to individual owners. This major trunk line would serve a large area �! for future development and also the problem area of Greenwood Shores./ The Planning Commission would recommend that the Council take this action under advisement so that the proposed plat of Oakmont and other proposed plats in the area could be laid out properly..__ Mr. Lybeck was asked what option he would take on Ordinance #14. He stated Option 3. KNOLLWAY ESTATES: Mr. Jack Clapp presented a proposed sketch plan. Knollway Estates covers 20.6 acres not including the exceptions. Dean Scheff recommended Mr. Clapp talk to the Park and Recreation to get a better idea of open space and also submit a topographic map of the area. It was also noted that some lots do not meet frontage requirements also Lots 1 and 1 front on the Town Road. On a motion made by John Neveaux and seconded by Anne Neils to set this plat aside until next week. Motion carried. SIGN ORDINANCE: On a motion made by Anne Neils and seconded by Nick Waritz that the Planning Commission recommend to the Village Council that the Sign Ordinance be approved as revised. Motion carried. Meeting Adjourned 10:15 p.m. Jean�Meuwissen, Secretary "A-) PLANNING COMMISSION MEETING SEPTEMBER 3, 1968 On September 3, 1968 at 8:00 p.m. a meeting of the Planning Commission was held. The following members were present: Anne Neils, Richard Lyman, Al Barnacle, Nick Waritz, Harry Pauly, and John Neveaux. Dean Scheff was absent. STREET LIGHT: Mr. George Baer and Mr. Robert Sweiger were present to request a street light at the intersection of Old Highway #41 and Melody Hill to help alleviate beer parties and break-ins. John Neveaux stated this street light fits into the overall plan that was submitted by Northern States Power Company. On a motion made by John Neveaux and seconded by Rich Lyman to recommend the Village Council approve the installation of one 175 watt street light at the intersection of Old Highway #41 and Melody Hill. Motion carried. The Administrator was instructed to inquire if the Village Council has a quota of street lights set up for 1969, also if the Planning Commission and Police Department should set up a priority list. HOUSEMOVE: Mr. Ray Brenden was present to ask permission to move two houses onto his 87 acres on County Road #117. One house will be located on the site of the present farm house that will be torn down. The other house will be located to the south of the farm house. On a motion made by Rich Lyman and seconded by John Neveaux r to recommend the Council approve the moving of house number 2 to the location of the old farm house on County Road 117 in Section 3, This house would be an asset to the area .,and be above -the value of the average residence in the Village. Motion carried. Mr. Brenden was instructed to have the lot for house number 1 surveyed and bring necessary information to the September loth meeting. GENERALIZED GUIDE PLAN: On a motion made by Anne Neils and seconded by John Neveaux that the Planning Commission approve the Generalized Guide Plan. Motion carried. Printing costs were discussed. Rich Lyman and the Administrator will meet with Mr. Fredlund of Nason, Wehrman, Knight, and Chapman to get prices on printing the Base Map and Generalized Guide Plan. EDEN PRAIRIE COMPREHENSIVE GUIDE PLAN: On a motion made by Nick Waritz and seconded by Anne Neils to recommend the Council approve the Comprehensive Guide Plan for Eden Prairie as submitted by the Metropolitan Council and Brauer and Associates. Motion carried. PLANNING COMMISSION MEETING AUGUST 13, 1968 On August 13, 1968, at 8:15 P.M. a meeting of the Planning Commission was held. The following members were presept: Ai Barnacle, Deun Scileff, Nick Waritz, Rich Lyman, Harry Pauly, and John Neveaux. Anne Neils was absent. i MINUTES: A motion was made by Rich Lyman and seconded by Dean Scheff to approve the minutes of July 30 and August 6. Motion carried. PROFESSIONAL PLANNER: Rich Lyman met with Mr. Knight and discussed various changes that the Planning Commission felt should be incorporated before final draft was made. He was informed at this time that the sketch plan would be ready in two weeks. PROPOSED PLATTING ORDINANCE: On a motion made by Harry Pauly and seconded by Dean Scheff to approve the Platting Ordinance with minor changes on pages 4, 6, 9, and 11, to be submitted to the Council for their approval. Motion carried. DEVELOPMENT_ CONTRACT: On a motion made by DeELn Scheff and seconded by Nick Waritz to approve the Development Contract as a procedural form between the developer of a subdivision and thE� Village in regard to the installation of improvements in a new subdivision before the final plat is approved. Motion carried. SIGN ORDINANCE: Discussion was held pertaining to various sections of this preliminary draft. Further action will be deferred until next meeting. Meeting adjourned at 11:10 P.M. o.' x. Adolph Tessness Clerk -Administrator T- PLANNING COMMISSION MEETING AUGUST 6, 1968 On August 6, 1968, at 8:15 P.M. a meeting.of the Planning Commission was held. The following members were present: Al Barnacle, Dean Scheff, Nick Waritz, Rich Lyman, and Harry Pauly. Anne Neils and John Neveaux were absent. MINUTES: The minutes of the July 30th meeting were not presented. PROPOSED OAKMONT PLAT: Mr. Ronald Lybeck, owner, Mr. Cal Karnstedt, Mr. Carl Madson and Mr. Bill Schoell of Schoell and Madson, Mr. Dick Lyman and Mr. and Mrs. M. E. Parks, sellers, were present. A report was given by Mr. Schoell and Mr. Lybeck on the 182 acre proposed plat. The proposed plat has approximately 15 acres of park. There are six different access roads to adjoining properties. It is to be developed in three stages. The main topic of discussion was the sewer problem. A temporary sewer plant and also the possibility of a line from the Village plant were discussed. Rich Lyman presented a sketch of the plat using the open space concept. A motion was made by Nick Waritz and seconded by Dean Scheff to defer any action until such time the Planning Commission could consult with the Village Attorney because of present ordinance regarding lot size. A variance of 16,000 square feet per lot would be needed. After much discussion, the motion was defeated. It was agreed, with all present, to wait until the August 20th meeting of the Planning Commission so that the Village Engineer and Mr. Lybeck's engineers, Schoell and Madson, could prepare additional information on temporary sewer plant and line from Village sewer plant. BOARD OF ADJUSTMENTS AND APPEALS: Dean Scheff was appointed to the Board of Adjustments and Appeals. x -1 G' SKETCH GUIDE PLAN: The sketch guide plan was discussed. It was decided to add two color codes and change certain areas to the following new categories. 1. Planned Unit Development. 2. Planned Residential Development. Meeting adjourned at 11:30 P.M. Jean Meuwissen Secretary PLANNING COMMISSION MEETING JULY 23, 1968 On July 23, 1968, at 8:00 p.m. a meeting of the Planning Commission was held. The following members were present: Dean Scheff, Richard Lyman, Al Barnacle, Anne Neils, Harry Pauly, and Nick Waritz. John Neveaux was absent. The following Park and Recreation Commission members were present: Ed Seim, Harvey and Rosemary Will, Paul Flucke, Berk Rodgers, and Sally deLancey. Councilman Hill, Councilman Bennyhoff, and Mayor Coulter were also present. On a motion made by Al Barnacle and seconded by Dean Scheff to accept the minutes of the July 16, 1968, meeting. Motion carried. Mr. Fredlund of Nason, Wehrman, Knight, and Chapman explained the preliminary sketch plan. The preliminary map and planning goals should be brought before the public. The Highway system was discussed. A new study is being made on Highways 169 and 212. The Village should work with Chaska and Eden Prairie to reach an agreement. Mr. Knight arrived around 9:00 P.M. The Village should think about a federal program. The State Planning Agency coordinates the 701 Program and reviews all plans. The question was raised, what must the Village do at this point. Mr. Knight stated the first step for Chanhassen should be Subdivision Regulations and Zoning. The second step, Research and Analysis and the third is the Comprehensive Plan and Report. An interim zoning ordinance was briefly discussed. This ordinance would be good for two years then a permanent zoning ordinance would have to be adopted. Mayor Coulter asked what the approximate cost would be for the complete planners work including Subdivision and Platting Ordinances. Mr. Knight stated it would be between $20,000 and $30,000 for 18 months to two years. The Park System Development Proposal was discussed. Steps the Park and Recreation -Commission should follow were outlines in a booklet that was given to each member. Mr. Knight suggested that Chanhassen residents should be involved now. A slide presentation on goals and standards, background, topography, land use, etc. could be given. HOUSE MOVE: On a motion made by Dean Scheff and seconded by Nick Wariti to recommend the Council approve the application of Nels Hanson to move a house into Chanhassen. Mr. Hanson has the proper lot size, the house is compatible with the surrounding area and he has the perculation test. Motion carried. Meeting adjourned at 11:30 p.m. Jean Meuwissen Secretary On May 28, 1968, a special meeting of the Planning Commission was held. The following members were present: Al Barnacle, Nick Waritz, Dean Scheff, Rich Lyman, Anne Neils, Harry Pauly, and John Neveaux. Tom Hodgson was absent. A motion was made by Anne Neils and seconded by Dean Scheff to approve the minutes as corrected. Motion carried. The correction being Mr. Clayton's name should read Bonn Clayton. INDUSTRIAL COMMISSION: The written report from Robert Reichert is being studied by each member of the Planning Commission. PLANNING COMMISSION ORDINANCE: The Council has given the proposed Planning Commission Ordinance to the Attorney for changes. SKETCH PLAN: The sketch plan was discussed at length. The following questions were raised: Use of arboretum in terms of residential areas. Neighborhood 1. Commercial along Highway V . Lakeshore along County Road #15. Neighborhood 2. Multiple near intersection of Highways #41 and #7. Proposed road to Arboretum coming from north, traffic from Arboretum. The north planned industrial park along Highway #41 should be eliminated: The land is too hilly. x 1. 4. The planned industrial park at the northeast corner of Highways #41 and #5 could be made smaller and include open space. Have green space as buffer between residential and planned industrial parks - in SE -corner of Highways #41 and #5 and SE corner of Highway #5 and County Road #117. The green areas should be called open space, parks, waterways or watershed. Ponding areas could be made in the open spaces. The key feature is the waterway from the river to the West Junior High. County Road 17 Extension. The intersection of County Road 17 and Highway 212 is not feasible because of steep bluffs. It could be moved further West and continue to the southern end of the Village. The Planning Commission would like to have the planner draw an alternate proposal for Highway 212. Highway 101 should not be routed through the immediate Village. Neighborhood 4. The proposed east -west road was questioned. Rich Lyman will discuss these questions with Mr. Knight. Meeting adjourned 10:45 P.M. Jean Meuwissen Secretary On April 25, 1968, a special meeting of the Planning Commission was held. The following members were present: Anne Neils, Dean Scheff, Al Barnacle, Rich Lyman, Tom Hodgson, Nick Waritz, and John Neveaux. Harry Pauly was absent. Sally detancey and Ed Seim were present :representing the Park and Recreation Commission. Mr. Jim Knight was present to explain the maps. Topography map, overlay map of existing thoroughfare system, overlay map of parks utilizing drainage ways, lakes and streams, and a land use guide plan map. The Village plan should be coordinated with the county and state highway departments, school boards, and park board. The cluster pattern would relate to the proposed park system. Transportation facilities and utilities are needed if the Village wants first class industrial plants. Commercial zoning was discussed. Mr. Knight felt there should be shopping center zoning and also service center zoning. The neighborhood concept was discussed. Four thousand to 5,000 people in a neighborhood area are needed to support an elementary school The question was raised as to what the next step for the Planning.Commission would be. Mr. Knight suggested they study the land use guide plan map and make changes and also field check it. After that,:meet with him and discuss the proposed changes. Meeting adjourned 11:15 P.M. Jean Meuwissen Secretary z. ...a ram' t >2, On March 14, 1968, a special meeting of the Planning Commission was held with the Park and Recreation Commission and Mr. Jim Knight, Planner. The following members were present: Al Barnacle, John Neveaux, Bob Reichert, Dean Scheff, Anne Neils, Nick Waritz, and Ed Hjermstad. Mr. Knight gave each person a booklet on Preliminary Draft, Planning Goals for the Village. A generalized guide plan represents a view of total development of the Village. 1. Ultimate long range plan. 2. How does the Village fit into the plan. Parks were discussed. Large areas of open spaces that support community recreation should be owned by the Village. Connecting links could be neighborhood or individual owned. Areas that are wide enough would not be a burden to the Village. Types of development were discussed. Cluster.- smaller lots and more open space utility cost would be less. Contour:- larger lots. Neighborhood Net - parks around the outside of the neighborhoods along the roads. Shopping centers should be a cluster type but are hard to locate in a comprehensive. plan. Chanhassen should not have random development. Development should be planned starting where,sewer and water are available and expanding from that point. The prelimin�8rywresidential zoning ordinance was discussed. rMr. Knight stated he would write a preamble for this ordinance and portions of it could be used for other ordinances. There is a need for a Town House section also for commercial districts such as; limited commercial, service district, general commercial, and shopping center district. Meeting adjourned at 12:00 midnight. Jean Meuwissen Secretary CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT TO: Planning Co mission and Staff FROM: Land Use Coordinator, Bob Waibel DATE: August.11, 1980 SUBJ: Zoning Reversion for Oakmont Property PLANNING CASE: P-062 As the Planning Commission is aware, Section 14.07 Subsection 2 of Ordinance 47 states that the City Council may direct the Planning Commission to initiate rezoning to the original zoning on properties upon Mich a planned development was approved and development has not occurred within a reasonable period of time. The development plan for the subject property for approximately 2,800 residential units was approved on June 16, 1970. In light of the evolution of the planning practices for Chanhassen in the last ten years, I would recom-ezzd that the Planning Commission reccumend that the City Council rezone the subject property to R-lA, Agricultural Residence District.