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77-04 - Kellynne PUD pt 2
�(0 T T { GRATHWOL, PLOETZ, OBERHAUSER & THOMPSON ATTORNEYS AND COUNSELORS AT LAW O'NEILL J. GRATHWOL 1905 - 1974 RAYMOND C. PLOETZ JAMES N. GRATHWOL LOUIS B. OBERHAUSER GARYA_THOMPSON RODERT K. RANDALL JOANNE THATCHER SWANSON JOHN W. HENDRICKSON, JR. January 30, 1979 City of Chanhassen 7610 Laredo Street P.O. Box 147 Chanhassen, MN 55317 1421 E. WAYZATA BOULEVARD -SUITE 210 WAYZATA, MINNESOTA 55391 Attention: Mr. Don Ashworth City Manager Re: McCleary Subdivision -- Kellynne Our File 4113-10 Dear Mr. Ashworth_: (612) 475 -2401 The City of Chanhassen gave preliminary plat approval fo the plat of Kellynne in 1978. It was the intention of Mr. McCleary to file the plat, but.because of financial circumstances be is unable to do so at the present time. Mr. McCleary is currently trying to arrange for the necessary financing to allow him to carry out the development of Kellynne in accordance with the development contract submitted to him by the City of Chanhassen, but he will not accomplish this within a prescribed period set forth in the ordinance. We therefore, respectfully request the City of Chanhassen to extend preliminary plat approval through. September 1, 1979. We acknowledge that this extension of preliminary plat approval through said date carries with it all of the conditions and terms that were attached to the previous preliminary plat approval and that these terms and conditions must.be fulfilled prior to final plat approval. Thank you very much for your consideration of this request. Sznc�r , L'0 1 R. FRuaUSER LBO:vl cc: Mr. James McCleary -.01K r �+/ t c6 a f January 15, 1979 Don Ashworth City of Chanhassen 7610 Larado Dr. Chanhassen, PAIN. 55317 Dear Mr. Ashworth: In a recent conversation with Bob Waibel, he recommended that I formally request an extension for the period which to submit a final plat on the Kellynnesubdivisiod. g I have experienced problems with the contract holder who at the last minute refuses to sign the plat. I am therefore in the process of raising enough , so the h capital to pay him off development can proceed after the sprint thaw. Sincerely, /es K. McV- e ary. 2505 N.W. 144th Beaverton, Oregon 97005 (503) 645-5035 cc Louis Oberhauser JAN C CITY OF CHANHASSEN KELLYNNE ADDITION CONDITIONAL USE PERMIT,.DEVELOPMENT AND VARIANCE CONTRACT lee, �a �sE i..i 1,,-c wed CONTRACT`'-"*r Cov N P r WHEREAS, application has been made by James K. McCleary, Carolynne McCleary, Clifford J. Carson and Mardeth D. Carson as the fee owners of a tract of land lying within the City of Chanhassen and more particularly described on Exhibit A attached hereto and made a part hereof for subdivision approval, the ne ssary condi- tional use permits and variances from the literal provisions of the Chanhassen Subdivision Ordinances to allow subdivision of the above described tract into seven single family residential building sites and one outlot to be platted as the plat of Kellynne, Carver County, Minnesota; and WHEREAS, the subject property is presently zoned R-1, Single Family Residence District; and WHEREAS, the Applicants propose to use Outlot A as a neighborhood.association beach lot; and WHEREAS, use of Outlot A as a private beach lot is per- mitted on lands zoned R-1 only upon issuance of a conditional use permit as provided in Chanhassen Ordinance 47; and WHEREAS, Section 23.05 of the Chanhassen Zoning Ordinance authorizes the Chanhassen City Council to impose conditions upon. the granting of a conditional use permit to insure compliance and to protect adjacent properties; and VMEREAS, the Applicants have requested cul-de-sac frontage variances from the design standards of the Chanhassen Subdivision Ordinance; and WHEREAS, it is the policy of the City Council to impose conditions upon the granting of such variances to insure compliance with other applicable City Ordinances and to protect adjacent properties; and WHEREAS, a public hearing was held by the Chanhassen Planning Commission on May 10, 1978 to consider public comment on the proposed subdivision and the granting of the conditional use permit for a neighborhood association beach lot; and WHEREAS, the City Planning Commission has given consideration to the application and has recommended, upon certain conditions, the grant of a conditional use permit and the approval of the frontage variances and approval of the proposed plat of Kellynne; and . WHEREAS, the Chanhassen City Council has, by its resolu- tion dated July 17, 1978, approved the conditional permiit application, subdivision request and variance requests of the Applicants, subject to and on condition that the Applicants enter into this agreement. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City"), of the Applicants' proposed plan, the granting of a conditional use permit to the Applicants herein to develop and main- tain Outlot A as a private beach lot for access to Lake Minnewashta, and the approval of the Applicants' frontage requirements variance requests, the City and the Applicants agree as follows: 1. Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the preliminary plat described in Section 27 below. a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding; h. Driveway surfacing within the public street right of way; i. Underground utility lines; and j. Street lighting. 2. Standards of Construction. Applicants agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected.by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Applicants. -2- 4. Schedule of Work. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the dates herein- after specified for completion. 5. Roads,'Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The Applicants agree to cause their engineers to prepare all plans and specifications neces- sary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including a final grading plan in and for said plat, said plans and specifications to be in substantial accord with the proposed plans thereof prepared by Gordon R. Coffin Company, Inc., and dated 1978, with the following modifications: i) The Applicants may, at their option, reduce width of improved street by up to twenty-one inches. ii) All plans and specifications shall be subject to the final approval of the City -Engineers. iii) Street configuration shall be governed by the Site Plan and Preliminary Plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administra- tor as "May 24, 1978 Planning Commission Exhibit A". b. As -Built Plan. Upon completion of construction, Applicants shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. Easements. Applicants, at their expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6., Reimbursement of Costs. The Applicants shall reim- burse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereby by the Applicants. -3- 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants, the Applicants' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Applicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses.of defending the same. 8. Written Work Orders. The Applicants shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Appli- cants without such written order first being given shall be at their own risk, cost acid expense, and Applicants hereby agree that without such written order, Applicants will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amount, which is equal to 110 percent of the total cost of the improvements as estimated by Schoell & Madson, Inc., the City Engineers,. as follows: Total Estimated Cost: / $46,199.00 Escrow Deposit - 1100: ( $50 819.00 10. Boulevards and Driveways. The Applicants agree to furnish, construct and install, at Applicants' sole expense, the following improvements for the benefit of each lot within the plat in accordance with the preliminary plat described in Section 27 below: a. Boulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right- of-way, the materials and installation of which shall be approved by the City Engineers. -4- 11 For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Applicants, or their assigns, agree to deposit the sum of $ per lot with the City at the time application is.made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. . 11. Erosion Control. Applicants, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimenta tion and erosion of lands and roads within and outside the plat during all phases of construction, including construction on indivi- dual lots. Applicants shall keep all streets free of all dirt and debris resulting from construction by.the Applicants, their agents or assignees upon the lands described in Exhibit A hereto. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after the completion of installation of the street lighting system, or after of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long.as the Applicants' obligations under paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Appli- cants shall file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall.at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. -5- 17. Conveyance of Improvements. Upon completion of the installation by Applicants of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with_. warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. Applicants agree that issuance of a building permit on Lot 3, Block 2 of the subject plat shall be contingent upon determination by the City Engineers that soil conditions on said lot are adequate for the construction of a single family residence. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bitu- minous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Upon Default. a. Assessments. In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects, may cause any of the improvements des- cribed in Paragraph 1 above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Applicants agree to pay the entire amount of the assessment role pertaining to any such improvement within thirty (30) days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property within said plan for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. Performance Bond. In addition to the foreac:ing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to colt eat, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse t=e City for any expense incurred by the City in remedying the conafitions creating the emergency. C. Legal Proceedings. In addition to the foregoing,. the City may institute any proper action or proceeding at law or at equity to prevent violations of the within contract and permit to restrain or abate violations of the within contract and permit, or to prevent use of occupancy of the proposed dwellings. 20. Special Conditions. Landscaping and location o struc- tures on individual lots shall be determined through discussio._s between City staff and Applicants or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. b. In the event agreement cannot be reached between the City staff and Applicants or their assiq:=, the City shall have the right, at the expense of the Applicants or their assigns, to engage the services of the City Engineer, Planner, a la—d- scape architect, a soil conservation consultant and others to advise as to specific problems. C. The certificate of occupancy for each homes=te, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City-Drester. d. Applicants agree to provide individual site _--drainage, basement waterproofing and footing drains fc - each residential structure to be constructed wit'.=n the subject property. 21. Receipt of Engineers' Report Acknowledged. Applicants acknowledge receipt of the report of Schoell & Madson, Inc., Ci= Engineers, dated May .5, 1978, relating to existing water services and existing sanitary sewer services to serve the plat, and agr to -7- be bound by the determination of the City regarding any redistribu- tion of existing assessments, the imposition of future assessments for proposed lots for sanitary sewer and watermains. 22. Easements To Be Shown On Plat. Drainage and utility - easements on all lots shall be shown on the final plat. 23. Trees To Be Provided. The Applicants shall provide each lot with one.boulevard tree of a specie acceptable to the City Forester and of a diameter of not less than 1-1/2". 24. Easement Over Outlot. The owners, their heirs and assigns of Lots 1 and 2, Block 1 and Lot 3, Block 2, Kellynne shall have a perpetual easement over and across Outlot A, Kellynne for access to Lake Minnewashta, from the road shown in the plat of Kellyne to the shore of Lake Minnewashta. 25. Restrictions On.Use Of Outlot. a. Said Outlot A in the proposed plat shall be encum- bered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City Attorney. b. No structure, dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly bound- aries of said Outlot A shall be constructed or maintained by any person. No changes in the use of said outlot shall be permitted except by an amendment to the within conditional use permit or by a rezoning of the premises. C. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of this permit; and conditions may be added to the permit at any time if deemed necessary and in the public interest of the City following notice of public hearing and following public hearing thereon. 26. Address of Applicants. The address of the Applicants for purposes of this conditional use permit and variance contract is: 1233 Trailwood North, Hopkins, Minnesota 55343. 27. Final Plat. The Applicants agree to proceed immediately with the preparation of their final plan which shall conform to their preliminary plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zoning Administrator as "May 24, 1978 Planning Commission Exhibit A". 28. Proof Of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 29. Successors And Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. 30. Effect Of Conflicting Ordinance Provision. The parties hereto acknowledge that the plat described in Section 27 above conflicts with the literal provision for lot widths contained in Section 8.06 of the Chanhassen Subdivision Ordinance. The parties hereto further acknowledge that in accordance with the above described resolution of the City Council approving certain variances to said Section 8.06, the proposed development may be platted in accordance with the preliminary plat described in Section 27 of this contract and permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. James K. McCleary Carolynne McCleary Clifford J. Carson mar deth D. Carson STATE OF MINNESOTA) COUNTY OF CARVER ) ss. CITY OF CHANHASSEN By Mayor - - - -- - Attest: Clerk/Manager On this day of , 1978, before me, a notary public within and for said County, personally appeared and to me person- ally known, who, being each by me duly sworn, did say that they are respectively, the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council and said and i j Minnesota Pollution Control Agency SEP 2 8 1978 The Honorable Walter Hobbs, Mayor City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mayor Hobbs: Enclosed is a copy of Permit Number 10708 for construction and operation of a sanitary sewer extension in Chanhassen. Please review the permit carefully, and let us know if you have any questions concerning it. You may contact me at the above address or call (612) 296-7246. Yours truly, % Perry T. Beato /,P.E. Chief, Facilities Section Division of Water Quality PTB/MyMH:ea Enclosures cc: Chanhassen City Council, c/o Clerk Gordon R. Coffin Co., Inc. Metropolitan Waste Control Commission Metropolitan Council From: City Administrator Referred To: Mayor_ Council Planner______ Building Attorna; Enginrc .. Trnsc t°, .._... PoL'�:u Parl;s 6tree+ P' UtilitiE.. pres Date SE? 1973 RECEIVES VILLAGE OF :CHANHASSEN, i 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices • Duluth / Brainerd / Fergus Falls / Marshall / Rochester/ Roseville Equal Opportunity Employer Minnesota Pollution Control Agency PERMIT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTEM Chanhassen Carver County Pursuant to Authorization by the Minnesota Pollution Control Agency, and in accordance with the provisions of Minnesota Statutes, 1976, Chapters 115 and 116, plans are approved and a permit is hereby granted to the City of Chanhassen for construction and operation of a sanitary sewer extension in Chanhassen. The facilities consist of 480 linear feet of 8-inch sanitary sewer extension. The facilities are further described in plans and specifications, designated "Kellynne" received August 24, 1978 prepared by Gordon R. Coffin Company, Inc. for the City of Chanhassen. SPECIAL CONDITION The permittee shall comply with all rules, regulations and requirements of the Minnesota Environmental Quality Board prior to construction of the proposed project. Yours truly, t Perry T. Beatbn, P.E. Chief, Facilities Section i/ Division of Water Quality PERMIT NUMBER: 10708 DATED: $P 2 8 1979 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices • Duluth / Brainerd / Fergus Falls/ Marshall / Rochester/ Roseville Equal Opporrunity Employer Minnesota Pollution Control Agency viy MINNESOTA POLLUTION CONTROL AGENCY GENERAL CONDITIONS FOR SANITARY SEWER EXTENSION PERMITS October 1, 1975 GENERAL CONDITIONS: 1. This permit shall not release the permittee from any liability or obligation imposed by Minnesota or Federal statutes or local ordinances and shall remain in force subject to all con- ditions and limitations now or hereafter imposed by law. The permit shall be permissive only and shall not be construed as estopping or limiting any claims against the permittee for damage or injury to persons or property, or any waters of the state resulting from any acts, operations or omissions of the permittee, its agents, contractors or assigns for damage to state property, or for any violation of the terms or conditions of this permit. 2. No assignment of this permit shall be effective until it is executed in writing and signed by the parties thereto and thereafter approved by the Agency. 3. No major alterations or additions to the disposal systems shall be made without the written consent of the Agency. 4. The use of the disposal system shall be limited to the treatment and/or disposal of the sewage, industrial waste, other waste materials or substances described in the plans and/or permit application and associated material filed with the Agency. 5. The Agency may modify, suspend, -ar revoke in whole or in part, this permit after giving notice and providing an opportunity for a public hearing or by taking direct enforcement action, including failure: (a) to comply with the terms stated herein, or (b) to comply with Agency water quality regulations and standards presently in force. Nothing herein shall prohibit the Agency from exercising its emergency powers. 1935 West County Road 62, Roseville, Minnesota 55113 Regional Offices • Duluth / Brainerd / Fergus Falls / Marshall / Rochester / Roseville Equal Opportunity Employer MINNESOTA POLLUTION CONTROL AGENCY Division of Water Quality INFORMATION RELATIVE TO REVIEW OF PLANS AND PERMIT APPLICATIONS October 1972 The review of plans and specifications for sewage, industrial waste or other waste disposal systems and applications for permits for the same is made in accordance with the authority conferred by law (see MS 1971, Section 115.07). Approval of plans and permits is based upon the assumption that the information provided by the applicant is cor- rect and that all necessary legal requirements have been or will be satisfied. Plans for sewage, industrial waste or other waste disposal systems are examined with regard to the design features which apply to operation and maintenance of the treatment works or sewer system, the degree of treatment to be provided, the effectiveness and reliability of the system or methods employed, and compliance with applicable standards of quality, and purity for waters of the state or effluents of disposal systems. The bulletins entitled Recommended Standards for Sewage Works, 1971, revised edition, Tentative Standards for Design 'of Small 'Sewage Works, July 1962 and Federal Guidelines for Design, Operation 'and Maintenance of Waste Water Treatment Facilities, September 1970, and supplements thereto, as well as other memoranda, are used as a guide in examination of the design, operation and maintenance aspects of the proposed system. Sewer plans are recommended for approval on the basis that the system is to collect only domestic sewage and such industrial or other waste as may have been provided for in the design. Foundation or footing drains to collect ground water and roof drains or other surface water conduits should not be connected to the sanitary sewer system. Ade- quate field supervision and inspection by a qualified representative of the owner should be provided at all times during construction to assure that the project is constructed in compliance with the approved plans and specifications. The Agency assumes no responsibility for the integrity of structures or physical features, or for the reliability, durability or efficiency of specific items of propriety equipment or material. All applicable federal, state and local laws, regulations or ordinances must be followed in the design, location and construction of proposed sewer systems or treatment works. The Agency reserves the right to withdraw its approval of plans if construction is not undertaken within a reasonable period after issuance of the permit. MPCA 595 U1 AJ'fir COATROL roi, ifs ufion Isv;n Ci::es Rreo 41. September 6, 1978 Mr. Donald Ashworth City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Kellynne Dear Mr. Ashworth: We have reviewed the information submitted (design data a,id location map) for this sanitary sewer improvement project and find it in accord with your comprehensive sewer plan and consistent with the Metropolitan Urban Service Area as defined by the Metropolitan Council in their Development Framework Program. We will file this information as pars: of your comprehensive sewer, plan and inform the Minnesota Pollution Control Agency that we have no obi-ections to the installation of these facilities. Very truly yours, kW' ea4 R. A. Odde Staff Engineer RAO : RJ P : hw cc: Minnesota Pollution Control Agency Metropolitan Council SEP 3510 ; i EVOIC?1; ?tF 9i 6G. i li . R086MRIf_Tl !NfIT l.iUL min s5pi 61�t,'222•�423 . t 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 August 10, 1978 Fred J. Strobl George Levering Associates, Inc. 1310 E. Wayzata Blvd. Wayzata, Mn. 55391 Dear Mr. Strobl: It has been brought to my attention that considerable fill activity is and has occurred on the Xel.lynne Subdivision on Lake Minnewashta. Upon reviewing the property, I find that the fill activity that has taken place, far exceeds the grading plans submitted during the preliminary development plan review. Upon receipt of this letter, the person(s) involved with this aspect of the development must stop all fill. activity. This stop order is effective until a remedial or accurate grading plan is submitted to the City of Chanhassen and approved. Said plan must be submitted to the City within 30 days or the property will have to be restored to its original condition. I trust that you will notify the person(s) involved in this matter.. A copy of this letter has additionally been.sent to Bob Bothe. Your cooperation in this matter is greatly appreciated. Sincerely, Bob Waibel Ass't. City Planner BW:no cc: Bob Bothe April 12, 1978 Bob Waibel, Assistant City Planner City of Chanhassen 7610 Laredo Dr. P.O. Box 147 Chanhassen, MN. 55317 Dear Bob: Regarding your question about management, use, etc. of the proposed Outlot A in the KELLYNNE subdivision, I intend to sell 1/3 undivided interest in said outlot, to each buyer of the three (3) off lake lots. It is my intention that they will develop their own manage- ment plan. If this proposal is not adequate, please inform me at your earliest convenience. zinc, rely, J.-es K. IlcClea CITY OF 7610 LAREDO DRIVE•P.0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 6, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Request APPLICANT: James K. McCleary PLANNING CASE: P-464 Please include the attached with your copy of Exhibit 1, McCleary Subdivision Request: 6. Planning Commission Minutes, dated March 8, 1978, 7. City Planner's Report, dated April 6, 1978, 8. City Engineer's Report, 9. Proposed Road Grade Plan, 10. Proposed Utility Plan. 7610 LAREDO DRIVESP.O. BOX 147®CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 6, 1978 TO: Planning Commission and Staff FROM: Bob Waibel, Assistant City Planner SUBJ: McCleary Request for the Kellynne Subdivision APPLICANT: James K. McCleary PLANNING CASE: P-464 Petition As shown in enclosures 1-10, James McCleary is proposing to subdivide 4.7 acres into 7 single-family residential building sites and one outlot. Consideration of the applicant's request will require separate actions on the subdivision request and the conditional use permit for the outlot. Recommendation I recommend.that the Planning Commission order a public hearing to be held on May 10, 1978 for the consideration of this subdivision it for outlot "A", on the following request and conditional use perm grounds and reasons: 1. That the plan submitted'is positively consistent with the spirit and intent of the City s plan for land use transportation, and utilities. 2. That the applicant submit a written statement outlining the proposed use management and developement of outlot "A" to be used in establishing the conditions of use for said outlot. 3. That the plan to be submitted for this public hearing incorporate any additional Planning Commission or Staff recommendations. CITY OF Z. CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: July 5, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Frontage Variance, Kellynne Addition APPLICANT: James McCleary PLANNING CASE: P-464 PAi-i i-i nn The petition before the City Council is to approve or disapprove a cul-de-sac frontage variance for Lot 3 of Block 1 and Lots 1 and 2 of Block 2 and a corner lot frontage variance for Lot 1 of Block 1 of the proposed Kellynne Addition. Background 1. Community Location: The subject property is located approximately 900 feet north of MTH 5, between County Road 15 and Lake Minnewashta. 2. Previous Council Action.: At its regular meeting of June 5, 1978, the City Council sent the proposed subdivision back to the Planning Commission for consideration of the frontage variances and clarification on frontage measurements on a cul-de-sac, and the issue of lot depth greater than two times the width. Planner's Comments 1. It has been verified by Staff, that the prohibition of a lot depth greater than two times the width, is only at issue in cases wherein there is to be a conveyance of land by metes and bounds des- cription and in cases of building permit issuance in the unsewered areas. 2. Neither Subdivision Ordinance 33 nor Zoning Ordinance 47 explicate a method of measurement to be used in determining frontage on a cul-de-sac. Zoning Ordinance 47 states that frontage is to be measured from the building setback line. A cul-de-sac building setback line would be an arc 30 feet beyond the radius of the cul-de-sac. It is in examples such as the McCleary Subdivision, to which absolute zoning and planning Planning Case P-464 James McCleary -2- July 5, 1978 principals are difficult to apply (Reference Enclosure 2). As shown in Enclosure 2, the lot line frontage may vary greatly from the frontage measured along the building setback line, depending upon the radiating angles of the side lot property line. Although it is presumed that to a large extent, land economics should diminish erratic property angles on cul-de-sacs, a standard should be developed to control frontages in these situations. These standards would assure elimination of the potential problems of lack of frontage to provide services, install driveways, provide on, street parking and possible creation of unusable remnants of land. This can be done either by a minimum street frontage and a minimum setback front- age or a ratio of the two. 3. In my comments to the Planning Commission, I stated that the only method by which the frontage requirements could bereasonablymet would be through the elimination of one lot. In light of the fact that Mr. McCleary had originally designed his plans to exceed the Shoreland Management Ordinance requirements, I believe that such a request would be unreasonable. Also, due to the pattern of ownership intrinsic to the property and the surrounding properties, and the required road right of way of the Chanhassen Subdivision Ordinance, I believe that a 13 foot frontage variance for Lot 1 of Block l should be approved. 4. On June 28, 1978, the Planning Commission moved to recommend approval of lot frontages of 3.5 feet, 15 feet and 6 feet, as measured along an arc at the building setback line, for Lots 2 and 1 of Block 2, and Lot 3 of Block 1, respectively. Additional Planner's Recommendation In concurrance with the Planning Commission's action of June 28, 1978, I recommend that the City Council look with favor upon the above mentioned frontage variances by granting approval. Also, at this time, I feel it would be beneficial to have the Council comment on whether or not Staff should proceed in standardizing frontages on cul-de-sacs. If approval, of this request is forthcoming, such approval should be conditioned upon the applicants remittance of additional escrow monies to be paid after final tabulation of staff costs as previously agreed upon. A�/_, - - Managervs -Comments This office concurs with the assistant planner. Approval is recommended on the following conditions; 1). Applicant agree to pay additional unit charges as shown in the engineer's report of May 5, 1978. 2). The applicant enter into a development contract to complete improvements per the engineer's report of May 5, 1978. 'Mr. Don Ashworth -3- July. 5, 1978 3). The applicant agree to the conditions outlined in the planner's report of May 31, 1978, and planning commission action. 4). Issuance of a building permit on Lot 3, Block 2 be conditioned upon determination of adequate soils. r fo CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: May 31, 1978 TO: City Manager, Don Ashworth DATE: Assistant City Planner, Bob Waibel SUBJ: Preliminary Plat and Development Plan for the Kellynne Addition APPLICANT: James McCleary PLANNING CASE: P-464 Petition The petition before the City Council is to subdivide approximately 4.7 acres of land, on the southwestern shores of Lake Minnewashta, into seven single family residential building sites, and to approve a conditional use of planned outlot A as a private beach lot. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 900 feet north of Minnesota Trunk Highway 5, between County Road 15 and Lake Minnewashta. 2. Existing Zoning: The subject property is presently zoned R-1 single family residence district. The area west of the proposed subdivision, is presently zoned R-1A, agricultural residence district. 3. Utilities: Municipal water and sanitary sewer service are available to the subject property. The existing house on the subject property is presently serviced by sewer and water and has been assessed one sewer and water lateral and one trunk sewer and water unit. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted Comprehensive City Plan, the subject property and its environs are to assume and maintain, a low density single family residential identity. b. Transportation: Pursuant to the adopted Transportation Plan, Minnewashta Parkway (County Road 15) is to function as a minor collector. (f Mr. Don Ashworth -2- May Ur 1978 Planner's Comments 1. The water oriented building sites have been planned to exceed the requirements of the Shoreland Management Ordinance for sewered areas on Lake Minnewashta, and Subdivision Ordinance 33. 2. As shown in the proposed plat of Kellynne Subdivision, the applicant has proposed a ten foot walkway '(outlot A) between lot 4, block 1 and lot 1, block 2, with a 20 foot x 20 foot open space at the edge of Lake Minnewashta. The city attorney has recommended that restrictions and covenants shall govern the use and maintenance of outlot A, which has been reserved for the benefit of the owners of Lots 1 and 2, block 1 and Lot 3-�, Block 2. 3. It is the applicant's intention to retain and remodel the existing structure on Lot 3, Block 1. 4. Lot 3, Block 2, consie.ts primarily of Glencoe class soils which have inherently poor building qualities. The applicant intends to fill in a portion of this lot to provide for one residential building. 5. The Planning Commission duly held a public hearing to consider the preliminary plat of Kellynne Subdivision, and conditional use of outlot A as a private beach lot. The Planning Commission moved to recommend the Council approve the preliminary plat (Planning Commission exhibit::Ay,. and approve the conditional use of outlot A as a private beach lot with the conditions that there'be no docks constructed and that the outlot be governed by covenants which will be forthcoming from the property owners that do not abut the lake. Planner's Recommendation I recommend that the city council look with favor upon the applicant's request by approving the subdivision plan submitted, and the request of the private beach lot under a conditional use, and encourage the applicant to proceed with final development plans. G 4• bate 5evmt's ~d to COMM13SIOR We NbMitted M COMM" a eT Px a �S�aa.� •t • ��•, • ark. • ° C� Ft M1_ ' >,.-. _ • ° 1tt I---yyy FF _ Acl OF J o •-� / r— PL OPL • UW f ° >No PL L a k e On M i n n e w a s h t a ©�'� OF // Lake istJoe '1 \:� /� •�=�'Y�"+.`,i�.i-inn. . i� �� 1 PL • ��l �/ '] PL 1 Fi' // OF ((v I F • OF 1 OF OPL •F � T. H. 5 -- _. � P9 •F - of Ell - I nRdORE7UM 1�i"l Cry • Or.OF I p IV x - t Planning Commissic Meeting -March 8, :1978 -14- MC CLEARY.'PRELIMINARY PLAT: _Mr. McCleary is proposing 'to subdivide 4.7'acres into: -seven residential building, sites and one outlot. The property 7is located approximately 500 feet north of Highway 5 on County Road 15 and abuts Lake: Minnewashta.. The -property is currently zoned R-l::: 7 Sanitary � sewer'and water are available to the'property:,•The petitioner is proposing a"20 foot wide combination walkway aria private- beach lot for ---the residents --of the subdivision. This type of -land use *.in an' R-1 use district is a `conditional use. Mr. McCleary plans to --retain and remodel the existing house on Lot 3, Block 1. The City'Engineer-stated that the -street right-of-way and cul-de-sac radius shown_ -are in accordance.:with'ordinance'standards. The street should be"constructed to city standards (7 ton capacity, concrete curb and 28: foot street width),.- The cul-de-sac, radius should be 40 feet. 'Water•runoff--from the -street should be directed to the southwest- of : the ' property .into a -- natu.ral ' sump ., area . The developer was instructed to proceed - to preliminary plat and make application,for a conditional use permit.-:.--. - ANIMALSITE-PLAN: This property-is"located at the southeast corner of Highway 5 and 'County Road 17-in proposed Chanhassen Lakes Business Park-- =Pat'.Murphy-;:Carver- County Director -of Public Works, has reviewed-- the, proposal and commented that:additional right-of-way will'be-needed for'C6unty-Road�l7and the northerly access to the property will have tube eliminated.' Bob Pierce, Architect, Dave-Appelhof and Robert'.MacDonald; Animal Fair, were 'present.' The property ,is 9 z -acres in' size: The building is proposed at 45,000 square -.feet with parking for-117 cars. A combined access with one curb cut for cars and trucks will be designed. A berm is proposed:along Highway-5 and County Road!17 so that only -eight or nine•feet of. the- building -will be'exposed. -Members cautioned that high berms are not recommended in order for police officers to have visual surveillance, of -parking lots* and building entrances..'. Al' Klingelhutz - As President `of- the CInhassen Chamber= -of -'Commerce h would like to say a w words�on'Animal Fair. You -know they have been a-lo.time-resident of Chanhassen creating much employment rour own people here. They are�.going_to have to m ke a move and I feel we should-,try.and-accommodat --them as much as possible. Dave Appelhof - I would like.to=give you a -brie run down on our timing. Our lease is up in the resent building 'that -,-we are:.n,-the".first of Jun and we have extended r a-',ease:for another three months: Which means we will be out in the street basicall by the first of September. ° - We are anticipating .rig t now with timing going- -on a, -very .tight schedul ;..this was:: _= assuming" that :'the zoning would : have= t ken-. place - tonight; 'subdivision- taking-.place-.nek week-,-.publi-c improvements _next: week, getting 'a varia ce to Ordinance 45 so that we can put in a ho ing tank sewer until the sewer is in to the locat on and then obtaining a building permit once all of this took place, that would be in a position to let out to bid on April 7 which to receive bids the first of Planning Commiss n Meeting April-12, 1978 the preliminary development 'plan for. Minnewashta Creek First Addition. Motion seconded by Hud Hollenback and unanimous ly approved. PRELIMINARY PLAT - JAMES MC CLEARY: Mr. McCleary is proposing to subdivide acres -into seven single family lots and one,outlot. Mr. McCleary stated it.is his intention to sell 1/3.undivided interest in Outlot A to each of the off -lake lots. He does not proposed to construct a dock. The outlot has a good swimming beach. Dick Matthews moved to hold a public hearing on May 10, 1978, at 8:30 p.m. to -consider -subdivision and, a conditional use permit for Outlot A for James McCleary.-- Motion seconded by-Hud-_Hollenback and unanimously approved. - - SKETCH PLAN - COLONIAL GROVE 'SECOND. ADDITION: Mr. Bloomberg was pres nt to discuss oposed sub ivision.of 16.4-acres into 30 singl familylots-and one common lot on property located on the west side of Chanhassen Road adjacent to Colonial Grove. The Planner recommended that the -Planning Commission encourage.the applicant to.prepare'a preliminary development plan in accordance with Sections 7 through 9 of Ordinance 33 and the Zoning Ordinance. Said plan should include a narrative statement and drawings that describe the proposed use of the common lot and detailed dimensions of the sedimentation pond and the lots -adjoining the pond. Frank Kurvers was'vesent and expressed concern about the drainage. The Engineer:explaiped that. the existing culvert under Cheyenne has been blocked and,•.the water from this -proposed subdivision will gather in the sedimentation pond and flow through a'storm sewer to the north. Mr. Bloomberg was told to proceed with preliminary development plans. SCHNEIDER AGENCY, INC. - VARIANCE REQUEST: Charles Schneider.was present requesting a variance to Section 3.01 of Ordinance 33 to convey by metes and bound's, 48,993 square feet of land to the State -Bank -of -Chanhassen to -be used for ,additional .parking and to provide fora- additional' drive -up lanes -when -the -need arises -. During -the discussion on -setback requirements it --was discovered that .the 'City -Hall property is incorrectly zoned. This will be taken care o-f-: at a later- time . Hud Hollenback moved to hold a public hearing on May 10, 1978, at 9:15 p.m. to consider -the variance requested by the.Schneider Agency, Inca Motion seconded by Walter Thompson -and. unanimously -approved. SUBDIVISION REQUEST FOR LOTS 11, 12, 131 16; 17, 18, 54P, 55 AND'562 PLEASANT VIEW ADDITION: Jo n Sc eveniu was present requesting to subdivide the above listed lots into four lots proposed as Tracts A, B, C, and D. The proposal is to essentially sell the easterly most 45 feet of Lots 17, 12, and 55 excepting the northern 140 feet of Lot 12 to the owner of Lots 18 and. 56. Lots- 55; 54,17 .and 16 have two water and sewer laterals and two water and sewer trunk units assessed. Lots 56 and 18 presently have one -.sewer -and water lateral and one sewer and water trunk unit assessed. The geometry of the existing property split.'in Lots 12 and 13 has created a substandard lot deficient in'lot -area. The Planner-recominended the Planning Commission Planning Commission Meeting May-10, 19781 -2 - big enough to dock 36 boats or whatever. Nor deep enough. There will be a homeowners association in charge of the outlot. Roman Roos - Bob, you will have covenants on this homeowners association and this will be -one of the areas that you will be covering in the covenants-. Bob Ritter - Yes. Hud Hollenback - Wouldn't you need those covenants drafted before you sold the first lot? Russell Larson = Yes, we would require an inspection or review of whatever covenants and restrictions they are going to put- on there. We require a title examination and if- there is.to be a homeowners -association we want to look at the,enablingcharter and its - by-laws. . I would like to see the covenants at this point, setforth now exactly what they intend to do or plan to do with respect to that outlot because that is going to hopefully guide you people and the Council in making an ultimate determination. Keith Anderson - What price category of home are you contemplating? Bob Ritter - I don't know if I can quote the price category but one of things in the covenants will- be a minimum .of -a .1, 000 square feet on one floor for a rambler,.,1f it's a two story or a split -it will be 800.square,feet. Keith Anderson - That's what I was getting at because we have minimums and I was wondering what yours were.:,_ Donn Bros - Is all the water from this plat to Highway 7 and none of it onto County Road 15? Bob Ritter - Surface water will drain toward Highway 7 or into the marsh to the north. None will drain toward County Road 15. Bill-Brezinsky - That was one of our requirements. Hud Hollenback moved to -close the public hearing. Motion -seconded by Walter Thompson and unanimously approved. Hearing. closed -at 8:15-p.m. REZONING AND SUBDIVISION - MINNEWASHTA CREEK FIRST ADDITION: Jerry Neher came at p.m. Hud HoET—enback move .to recommend the Council rezone Outlot:A, Minnewashta-Creek First Addition from R-lA to P-1. I -lotion seconded. by Walter. -Thompson and unanimously- approved. Dick-Matthews..moved to .recommend the.Council approve the preliminary development plans for Minnewashta Creek First Addition as submitted and identified as Exhibit 1 dated May 10, 1978, conditioned upon the elevation of.the watermain-, developer -pre -sent street sections and submission of the developer's covenants or development plans which will include the proposed use and management of Outlot B.. Motion seconded by Les Bridger.and,unanimously approved. PUBLIC HEARING SUBDIVISION - JA14ES MC CLEARY : The Chairman -called the --public hearing to ,order at 8:30 p.m. with the following interested persons present: John Merz,-3900 Lone Cedar Circle Fred J. Strohl; 322 Heather Lane, Lone Lake Bob Bothe, 111 Grand Ave., Wayzata Planning Commissic-."Meeting May 10, 1978 -3 - A1 Klingelhutz; 8601 Great Plains Blvd. David Tester, 3897 Lone Cedar Lane Bernard Schneider. Russell Larson Bill Brezinsky Bob Waibel read the official notice as published in the Carver County Herald. The purpose of this hearing is to consider subdivision of 4.7 acres into seven single family lots and one outlot.-and consider the granting_ of a conditional use 'permit. for the outlot.-. -The property: is located on the east side of Minnewashta Parkway and abuts Trolls -Glen Addition. The City Engineer has reviewed preliminary plans for road, grading, drainage, and sanitary sewer and watermain. The width .of the street can be reduced 21 inches from what is shown. The Engineer's report of May 5, 1978, outlines the procedures to be followed. A 21 foot wide outlot is proposed to the lake to .be 'used. by the owners of the three off -lake lots. This outlot abuts Trolls -Glen. John Merz My- property- - the-, Outlot A.._:- The idea .o£ dockage there is almost impossible for a couple of reasons. The adjoining Outlot A down below is about a 50 foot beach for the people in Trolls=Glen.and to put boat dockage onto.that 20 foot -lot -would 'be, impossible. That also brings up the question of mooring a boat out there. I think it also crest -es the same vi,sual.problem.in that you have got the possibility of -:-three boats at, an -average length of 16 feet taking_ up, without any wind drift, to keep those boats in line with that piece -of property I think is pretty much of an -impossibility:- What really bothered me the most about that is just -strictly the boat dockage aspect -.of that outlot. Without that I am very happy with it. We see just three buildable lots at this time that are 1/3 ownership on that with no talk of multiple dwelling or -family dwelling units. Am I correct more than three single in assuming that? Hud Hollenback - That's right. Fred Strohl —What is the status of the 50 feet in. Trolls -Glen? I think the two covenants ought to be identical.._.. ._..._ Russell Larson - We can furnish you with a copy of -their covenants. David Tester - I don't know if you have trees marked on the map but that's the, -highest property of the -development and probably has the best trees on it..I.am trying to figure out why the common property wouldn't be the best property where the road is now where you wouldn't have to take all those trees out and do all -that terracing down that steep bank to the lake. I also abut. -the property. 2 see a wood chip thing and I didn't know whether that was going to.be cleared and.made a walkway. Fred Strohl - If they don't pave a trail and leave it the way it is now it is just a:.nature:trail.- It's to. -give those people a way- down" to the. lake, that's -all. Dick-Matthews.moved to close -the public hearing. Motion seconded by Walter Thompson and unanimously approved.' Hearing closed at 9:00 P.M. Planning Commission Meeting May 10, 1978 -4- SUBDIVISION - JAME$ MC CLEARY; Dick Matthews moved to table the public hearing discussion until May 24th at,which time the developer will submit alternative locations for the outlot., comments with respect to covenants, the purpose of the trail, and comply with Sections 7 and 8 of the Subdivision Ordinance. Motion seconded by Les Bridger and unanimously approved. PUBLIC HEARING SUBDIVISION - SCHNEIDER AGENCY Roman' Roos called the hearing to order at 9:30 p.m. with the following interested persons present: Charles Schneider; 680 West 78th Street Bernard -Schneider, 680 West 78th Street Russell Larson Bill Brezinsky Bob Waibel read the -official notice. as published. in the Carver County Herald. The purpose'of this hearing is to consider the conveyance of 48,993 square feet of land by metes and bounds to the State Bank of Chanhassen to -allow for additional parking and for future expansion of a drive -up lane.: The City Attorney explained that the City Hall is a non -conforming use as it was constructed prior. to. the_ enactment of the Zoning Ordinance. Dick Matthews moved to close the public hearing. Motion seconded by Jerry Neher and unanimously -approved. -Hearing closed at 9:45 p.m. SUBDIVISION .SCHNEIDER AGENCY: The. City Attorney stated he felt .t e -rezoning-of City Ha is not related to' .the,Schneider Agency subdivision. Jerry-Nehermoved to recommend the'Council approve the subdivision of 48-993.square feet .of land by metes and bounds to -the State Bank of Chanhassen. Motion seconded -by Walter Thompson and unanimously approved. PUBLIC HEARING SUBDIVISION - JOHN SCHEVENIUS Roman. Roos- called the -hearing .to order at:-.9:48 p.m. with the following interested persons pre -sent John Schevenius Jpseph Smith Russ:ell:Larson Bill-Brezinsky The Assistant City Planner read the. official notice as published in the Carver County Herald. The purpose of this hearing is to consider subdivision of Lots 11, 12, 13, 16, 17, 18, 54,:55,:and 55, Pleasant View Addition into four lots. The proposal is to sell the easterly most 45 feet of Lots 17, 12, and 55, excepting the northern 140 feet -of Lot-.12, to the owner of Lots 18 and 56. The Council-will.deal with the question of the sewer and water assessments. • o " Planning Commissioa Meeting May 24, 1978 southward approximately 100 feet. - b. The southern extent of the buildable area within the proposed devel ment, has been limited to approximately 200 feet south of the southe most roadway. The southern most cul-de-sac has been extended approxim' ely 500 feet in length, with a directional change of 180 degrees on 180 foot radius. Through this change, the developer has propose uilding sites in the area previously planned as park land. The res ting building sites facing the lake will be bounded by Outlot B. 0 of B is identical to the previously proposed use as a pedestrian c ridor. c. The changes i the northern 1800 feet of the proposed development, are the elimination o a ponding area in the middle of the development, and changes in the prop sed road pattern. This has resulted in a street pattern having mo e sweeping curves and fewer local street intersections with right angles. The proposed plat has three cul-de-sacs over 500 feet in length. The Park and Recreation Commission should comment as to the desire - ability of the proposed egress from the subject site, which would eventually traverse the Lotus Lake Community Park. Soil boring information for Blocki 3, b and 7 should be furnished to the City Engineer for verificationdevelopment supporting soil qualities. \ The City Engineer gave a report. The o access that are proposed have been previously approved by the Hig way Department. The moving of the proposed southern access 100 feet ill not make a material difference. A ponding area will be included at the same location as was previously approved but will not be dredged. The area will be dedicated to the City as a storm water easement. The Engineer would like the results of the soil borings from the developer. The southern property along Purgatory Creek is nL\w an exception to the proposal as the DNR is negotiating purchase of that property. Jerry Neher moved to hold a -public hearing on June 14, 1978, at 10:15 p.m. to consider the plan amendment andpreliminary plat of Ecklund and Swedlund Lotus Lake Estates. Motion seconded by Water Thompson and unanimously approved. \ AMENDMENT TO SECTION 7.04 (7)', ORDINANCE 47, CONDITIONAL USES IN R-1 DISTRICT: T e City Manager an Bui ing Inspector have requested that th lanning Commission consider amending Section 7.04 (7), Ordinance 47., dealing with storage buildings, be an accessory or permitted use instead of'by conditional use permit. Members discussed limiting the size of the structure. Dick Matthews moved to hold a public hearing on July 12, 1978, at 7:45 p'.m. to'. consider amending Ordinance 47, Section 7.04 (7). Motion .seconded by Jerry Neher and unanimously approved. MC CLEARY SUBDIVISION: Les Bridger moved to recommend the Council approve the preliminary plat of Kellynne dated May 24, 1978,.Planning Commission Exhibit A, with the stipulation and/or condition that there be no docks constructed on the easement to the-.lakeshore and 'that the access be governed by -covenants which will be forthcoming -from the property owners that do not abut the lake. Motion seconded by Dick Matthews. The following voted in favor: Dick Matthews, Les —Bridger, Roman Roos, Jerry Neher, and Walter Thompson. Mal MacAlpine abstained. Motion carried. 6 WILLIAM O. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 1-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS May 5, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Chanhassen, Minnesota 55317 Subject: Kellynne Subdivision Proposed by James McCleary Our File No. 7120 Gentlemen: In our report of April 5, 1978, we recommended approval of the road, grading and drainage and the sanitary sewer and watermain preliminary plans for the subject subdivision. We now note that the width of the improved street can be reduced 21 inches from that shown on the plans. If the preliminary plat receives City Council approval, the owner may proceed with preparation of the final plat and plans will be checked for conformance with the approved preliminary plat and plans. Specifications and construction details must be in accord- ance with accepted City Standards. A development contract prepared by the City Attorney and approved by the City Council will require the developer to guarantee perform- ance by providing a bond or escrow 110% of the total development cost as estimated by our firm. For this development, we estimate the total cost and required escrow amounts to be $46,199.and $50,819 as itemized on the attached sheet. This amount can be reduced as construction operations proceed. Construction may proceed using plans and specifications as approved by the City Engineer and after a preconstruction meeting attended by the City Engineer. The owner may provide his own in- spection or request full City inspection. In either case, the project will be subject to a final inspection by the City Staff. The owner will be required to guarantee the work for one year after final acceptance by the City. 1 SCHOELL & MAOSON, INC. City of Chanhassen May 4, 1978 c/o Mr. Don Ashworth, Administrator Subject: Kellynne Subdivision Page 2 Because this development is located in the North Service Area, the property will be subject to additional City sewer and water availability charges as follows: Lateral Sanitary Sewer 3 units Cal $1,944/unit $ 5,832 Trunk Sanitary Sewer 6 units @ $ 320/unit 1,920 Trunk Water 6 units C $ 380/unit 2, 280 Total $ IQ O 3 Interest in the amount of seven per cent per year from the date of the original assessment (35% interest in 1978) will be added. The lateral charges may be spread over the remaining 10 years of the North Service Area assessments. Trunk availability charges will be payable in full when the building permit is taken out. We will be glad to work with the developer to bring this project to a successful conclusion. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:sg attachment 0. SCHOELL & MAOSON, INC. ESTIMATED DEVELOPMENT COSTS PROPOSED KELLYNNE SUBDIVISION Sanitary Sewer 8" Sewer 01- 8' Depth 110 LF @ $ 11.00/LF $ 1,210 81- 10' Depth 370 LF @ 12.00/LF 4,440 Manholes to 10' Depth 3 Ea. @ 750.00/LF 2,250 6" Sewer Line 50 LF @ 8.00/LF 400 6" Wye Service Connection 5 Ea. @ 40.00/Ea. 200 Combined 6" Sewer Service and 1" Water in same Trench 80 LF @ 10.00/LF 800 Binder Rock (100% Crushed Quarry Stone) 100 Tn @ 5.00/Tn 500 Connect to Existing MH 231 (Remove Stub) LUMP SUM 300 Watermain 6" Watermain 550 LF @ $ 10.00/LF 5,500 Hydrants 1 Ea. @ 650.00/Ea. 650 6" Valves 3 Ea. @ 250.00/Ea. 750 Cast Iron Fittings 510 Lbs.@ 1.00/Lb. 510 1" Copper Service Pipe 345 LF @ 6.00/LF 2,070 1" Service Group 7 Ea. @ 70.00/Ea. 490 Connect to Existing Watermain (2 connections) LUMP SUM 500 Restoration 18" RCP, Furnish and Install 30 LF @ $ 20.00/LF 600 18" RCP, Flared End Section 2 Ea. @ 200.00/Ea. 400 Grading. LUMP SUM 2,000 Modified Class 5 Gravel (100% Crushed Quarry Stone) 560 Tn @ 5.00/Tn 2,800 la" Bituminous Wearing Course 1550 SY @ 1.30/SY 2,015 44" Bituminous Base 413 Tn @ 12.00/Tn 4,956 Concrete Curb and Gutter 960 LF @ 4.00/LF 3,840 Street Lighting LUMP SUM 11000 Total Estimated Construction Cost $38,181 Estimated Engineering, Staking, Inspection and Contingencies (21%) 8,018 Total Estimated Cost $46.199 Escrow Deposit Required - 110% $ 0 81 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 22, 1978 TO: Planning Commission, Staff and Bob Bothe, 15200 Wayzata Blvd. Wayzata, MN 55391 FROM: Assistant City Planner, Bob Waibel SUBJ: Kellynne Subdivision, Variance Review APPLICANT: James McCleary PLANNING CASE: P-464 Pni-i i-i nn The petition before the Planning Commission at this time is to clarify the issue of lot width measurements on a cul-de-sac for setback purposes, and the issue of lot depth being greater than 2 times the width and to make variance recommendations pertaining to these issues. Planner's Comments 1. As shown in the attached minutes of the Council meeting of June 5, 1978, the city council sent this proposed subdivision back to the Planning Commission for clarification on the above stated issues. 2. Neither Subdivision Ordinance 33 nor Zoning Ordinance 47 explicate the method of measurement be used to determine the frontage on a cul-de-sac. Zoning Ordinance 47 states that frontage is to be measured from the building setback line. A cul-de-sac building setback line would be an arch 30 feet beyond the radius of the cul-de-sac. It is in examples such as the McCleary subdivision, that which absolute zoning and planning principals are difficult to apply. (Reference enclosure 2). As shown in enclosure 2, the lot line frontage may vary_ greatly from the frontage measured along the building setback line, due to the radiating angles of the side lot property line. 3- Although a formula governing the ratio of the radiating lot line to the arch of the cul-de-sac could be devised, it could prove cumbersome Planning Commission -2- June 2.2, 1975 for zoning enforcement purposes. I believe that this question could reasonably be answered to a minimum street frontage requirement that would create needed ratio to the minimum frontage requirement of 90 feet at the building setback line. This could assure the city that potential problems of provision of municipal services, installation of driveways, off street parking, and creation of unusable remnants of property that are resultant from inadequate frontages on the roadway of a cul-de-sac. 4. As shown in enclosure 3, variances to the frontage requirements of zoning ordinance 47 required for lot 3 block 1, and lots 1 and 2 of Block 2. Additionally, a variance to lot 1, block 1, 12 feet is required to the.corner lot frontage standards of Ordinance 33. 5. The only method by which the frontage.requirements for the lots on the cul-de-sac can be met, would be the elimination of one of said lots. In light of the fact that Mr. McCleary had originally designed his plat to exceed the Shoreland Management requirements of 20,OOO square feet per lot, I believe such a request to eliminate one lot would be unreasonable. 6. Due to the pattern of ownership intrisic to the property and the surrounding properties, and the required road right of way of Chanhassen Subdivision Ordinance, I feel that a variance to the corner lot requirements should be approved for Lot 1 of Block 1. Planner's Recommendation In reference to the comments above, I recommend that the Planning Commission move to recommend that the city council approve the frontage variances for lots 1 and 2 of block 2 and lot 3 of block 1 and corner lot frontage variance for lot 1 of block 1. Addendum Regarding the concerns of the city council on the issue of a lot having a depth greater than two times the width, it has been found that this ordinance provision only applies to cases of subdivision in the unsewered areas of Chanhassen, and/or the occasion of trasferance of land by metes and bounds description. r� LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ June 20, 1978 OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel City Planning Department Box 147 Chanhassen, MN 55317 Re: McCleary Subdivision "Kellynne" Dear Bob: TELEPHONE (612) 335-9566 Attached please find a copy of the proposed covenants covering Outlot A in the above subdivision, which were furnished to me by McCleary's attorney. The covenants are satisfactory to this office. It should be noted that "boat life" in paragraph 1 should read "boat lift". RHL:mep Enc1. cc: Gary A. Thompson e trulburs, USSELL H. LARSON Chanhassen City Attorney �Q JUM 1978 �� i GEORGE LEVERING ASSOCIATES INC. ViEST MINNEAPOLIS SUBURBS OFFICE REALTOM WEST CENTRAL MINNESOTA OFF!Cf: 1310 f,Acr i+ AY —'A',-. BOULEVARD 700 SOUTH FIRST STREET, BOX 609 WAYZA?A, MINNESr'T jt 56391 WiLLMAR, MINNESOTA 56201 61 V 4 73.8864 (612) 235-8776 GFEATEP MINNE.4i'JLI1 S EA WEST CENTRAL MINNESOTA UO,,.AD OF PE41-TCHS VAT!0NAL IAST37LTE OF FAI= :9 BOARD OF REALTORS AND LANV dR;;KIERQ NATIONAL INSTITUTE OF FAAM MINNEAP9LIS IAL MUL'rI"L LISTING 7E.1VI.;f MI NNEAPOL;S (7f)41N C-ItlAL-INDJSTR: A MULTIP"E 1 ;STING SErty+Cl: May 31, 1978 mr. . C i :i £ord Carson '-)17 - 11th St eet5.E. r_ochestav, Minn. 539�,31 AND LAND BROKERS Dear, Mr. Carson: In comp1„ance with your letter of May 23 to the Chanhassen Plann -iz Commission, I sr. enclosing a copy of the preliminary proposed plat of 'Kellynne, which incidentally, was approved vy tbir; commission on May 24. The City Council will meet on June 3 and hapi!fully will e,ivt, i.,approval at that time. Sincerely, GEORGE LEVER"f-NG ASSOCI.A rES , INC. FJS; fs Free{ J. Strobl CI s). W t May 26, 1978 Mr. Fred J. Strohl 322 Heather Lane Long Lake, MN Dear Mr. Strohl: CITY OF CHANHAS5Z' 7610 LAREDO DRIVEeP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Our offices have received the attached letter dated May 23, 1978, from Mr. Clifford Carson, requesting that information be provided them concerning the Kellynne Subdivision proposed by Mr. James McCleary. In light of this letter, I would recommend that you furnish a copy of the plans that were submitted to the Chanhassen Planning Commission on May 24, 1978, as per the Carson's request. I have enclosed copies of the minutes of the Planning Commission meeting of May 10*I. 1978, that you may choose to attach to the plans for further description purposes. If you have any questions or comments, please do not hesitate to contact me. Thank you for your cooperation. Sincerely, i Bob Waibel Assistant City Planner BW:k Enclosure _' a CITY OF 7610 LAREDO DRIVEoP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 May 26, 1978 Mr. and Mrs. Clifford Carson 917 Eleventh Street Southeast Rochester, MN 55901 Dear Mr. and Mrs Carson: Upon receipt of your letter of May 23, 1978, I have notified Mr. McCleary's acting representative, Mr. Fred Strohl, concerning this matter. In this situation it is the responsibility of. -the developer to furnish the plans that you have requested. I advised Mr. Strohl to send copies of the most recent plan to your address. Attached to the plans should be a copy of the Planning Commission minutes of the meeting on_May 10, 1978, for your informational purposes. If you have any questions or comments concerning this matter, please do not hesitate to contact me. Sincerely, , r Bob Waibbl Assistant City Planner BW:k May 23, 1978 Chanhassen Planning Commission Village of Chanhassen Chanhassen, MN. 55317 Dear Sirs: We are holding the Contract for Deed on the property that was sold to James McCleary on Lake Minnewashta. We understand that it is being plotted off for development and the plans are before you now. We have received no communication from Mr. McCleary or you on the development. Would you please send us the plans and how it is being developed as we hold 80% of the contract. Thank you. Sincerely, Clifford & Mardeth Carson 917 11 Street S.E. Rochester, M. 55901 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 3, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Public Hearing APPLICANT: James K. McCleary PLANNING CASE P-464 Please include the attached with your copy of Exhibit 1, McCleary Subdivision Request: T-- -I _______ 11. Planning Commission minutes dated April 12, 1978. 12. City Engineer's report dated May 5, 1978. 13. City Planner's Report dated May 3, 1978. 14. Applicant's letter dated April 12, 1978. Planning Commissi,-- F Ming _ April-_12, 1978 -�- the preliminary development -plan f©r.'.Minnewashta Creek First Addition. . Motion : seconded by Hud Hollenback and unanimously approved. _ PRELIMINARY PLAT JAMES -MC CLEARY: Mr. 'McCleary is proposing to subdivide 4.7 1 acres.. into-: seven single family.lots and.one.outlot. Mr. McCleary stated it.is his intention to sell 1/3.:undivided interest in Outlot A to each of the off -lake lots. He does not proposed to construct a dock. -The outlot has=a_good-swimming beach.-.._-. Dick Matthews moved to hold a public hearing on May 10, 1978, at 8 :30 -p.m. - to -consider 'subdivision-- and. a :conditional use -permit . for Outlot- A for James McCleary: Motion..seconded -by.=Hud-_Hollenback:`and unanimously approved: SKETC PLAN = COLONIAL GROVE SECOND. ADDITION-. Mr-: Bloomberg was presen o iscuss i:s,proposed subdivision. of. 16:-4_acres i 30 single f ".ly--,lots •-and_. one- -common lot on property located_: � the. west side of Chanhassen Road adjacent.to_C_olonial Grove.. The Planner.recom-ended:-that the -_Planning -Commission encourage the applicant to. prepare a preliminary:development plan in accordance with Sections 7 through 9•-of- Ordinance' 33--and the Zoning Ordinance. Said plan should include a narrative statement and drawings that describe the proposed -iise of the common -lot'and detailed dimensions of the sedimentation po -and- the: lots -adjoining; the--pond.- Frank Kurvers was present and expressed concern about the drainage. The Engineer:explained that the existing culvert -under -Cheyenne has been blocked -and the°water from .this" -proposed subdivision will gather' in the -sedimentation -'ponNand fl through. a 'storm sewer to the north. Mr.-Bloomberg---was-told to.,.:. proceed with -preliminary development. plans. SCHNEIDER AGENCY,- INC.--- VARIANCE�REQUEBT: Charles Schneider was present requesting a -variance to Section 3.01 of Ordinance-33 to convey by metes and bounds,,.48,993 square.feet of land to the State-Banik,;of--Chanhassen to be used -for additional .parking 'and . to provide. for_ additional' -drive -up lanes::when' the=need arises: _-_ --- -- --•----•----- -- -�.. •.�-_:.. _ .-°�-C'--. .. ',;. ..r. --_..- ._=•mot. _.---.. .. During' .the discussion :o ..setback requirements discovered that the 'City -Hall propert is incorrectly -zoned.; T 's will be taken care of: at' a "later time. Hud Hollenback moved to hold a public hearing on Ma .10, 1978, at" 9:15 p.m. to-consider.the variance requested by.the Schneider Agency, .Inc." Motion:: seconded by .Walter_ Thompson" -and_ unanimously. approved. _ SUBDIVISION REOUEST-FOR-LOTS 11, 12; "13, 16;_°17, 185 54-1- 55.- AND 56. PLEASANT V'rW ADDITION: John Schevenius was present requesting -to su.dhivide-t e above listed lots into four lots proposed as Tracts A, B; C,:and D.- _The proposal is`to:essentially sell the easterly most - 45 feeof Lots 173, 12, and 55-excepting the.: northern 140 feet of Lot 12 to the owner of .Lots 18 ' and. 56._ .:'Lots-:-55; _ 54,•.:17 .and 16 have two water and sewer laterals and two water.and sewer trunk units assessed. Lots-56 and 18 presently'have one -..sewer: -and water .lateral and one sewer and water trunk unit assessed. The geometry of the existing property split.: in.Loes 12--and :13 has -.-created a substandard lot .deficient" in lot area. The_ "Planner eeomimended-the Planning- Commission CITY CIF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147*CHANHASSEN, MINNESOTA 65317 (612) 474-8885 PLANNING REPORT DATE: May 3, 1978 TO: Planning commission, Staff and James K. McCleary, 1233 Trailwood North, Hopkins, MN 55343 FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Request, Public Hearing APPLICANT: James K. McCleary PLANNING CASE: P-464 Pt- -i i-i nn The petition before the Planning Commission is a public hearing to consider the subdivision of the property as described in the notice of hearing. Criteria for the recommendation are contained within enclosures 1-14. Planner's Comments 1. From a planning perspective, I find the Kellynne proposal to be psotively consistent with the spirit and intent of the Chanhassen City Plan. Planner's Recommendation I recommend that the Planning Commission look with favor upon Mr. McCleary's subdivision request and recommend that the city council approve the preliminary development plans as submitted, and/or including any other additional Planning Commission and staff recommenda- tions be incorporated into said development plans before council approval. `_4 1 � April 12,;` 1978 + Bob Waibex, Assistant City Planner: +_ti City of Chanhassen 7610 Laredo Dr. P.. 0. Box -1147 Chanhassen, NN. 55317_.... Dear Bob:.. Regarding your question Yabout management, - use, etc. of.the proposed Outlot A in the KELLYNNE.subdivision, 'I intend.to sell 1/3•undivided•interest in -said outlot, .to each -buyer of the't'hree (3):=off lake lots:' It is my - intentfbn"� that they will develop their -,own manage-- .•ment plan.: s If ..this proposal is not 'adequate, 'please". inform me at your earliest -convenience. a Inc rely, : J es K. M G1e 4918 .r . �-:+tWJv i. -1'-. •. -sue ` �• �� f1'vv'r.w- - :- _ ` - MINA. . FA.^t'T'.f3" .. •--w� .. ..e�rw.�.„-arm--.....�...—. ..u—.+efR�'..r •'t .r.. v ...,.. ,... u.....-,..u..v.. .._._ _.. ' F i�y`J .M1a •�Y ij V {+J� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA TICE OF PUBLIC HEARING ON PROPOSED to REZONING AND SUBDIVISION OF LAND AND CONDITIONAL, USE FOR JAMES MCCLEARY, CHANHASSEN,MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the loth day of May, 1978 at 8:30 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider subdividing the following described land into seven single family lots and one outlot, and to consider the granting of a conditional use permit for said outlot. The proposed subdivision and conditional use permit involves the following described parcel of land: "All of the Northerly Three Hundred Thirty Three ip and Seven Tenths (333.7) feet of Government Lot our (4) in Section Eight (8), Township One Hun - red Sixteen (116), Range Twenty Three (23), Carver County, Minnesota, lying West of the Westerly shore of Lake Minnewashta, excepting the Westerly One Hundred Fifty (150) feet of the Southerly One Hundred Ninety One and Seven Tenths (191.7) feet of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of said Government Lot Four (4), and excepting that portion lying within the right of way limits of County Road Number Three (3) as now laid out and con- structed, and sub7'ect to an Easement over the Southerly Thirty Three (33) feet of the Northerly One Hundred Forty Two (142) feet of the Westerly One Hundred Fifty (150) feet of said Government Lot Four (4)." A plan showing said subdivision and conditional use is availr Ae for inspection at the city hall. All persons interested may appear and be heard at said time and place. Dated: April 24, 1978 BY ORDER OF THE PLANNING COMMISSION Bruce Paukonin, City Planner (Publish in the Carver County Herald on April 26, 1978) Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) William McGarry all the time herein stated has been the publisher and being duly sworn, on oath says he is and during P printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 50D copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and bas entry as second-class matter in its local pod -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Public H e a r i n g hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for _ O n e successive weeks; that it was first so published on Wed - the ?fit h day op April 11 19 I Y and was thereafter printed and published on every to and including the day of 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedefghi jklmnopgrstuvwxyz Subscribed and sworn to before me this day of (Notarial Seal) Notary public, County, Ivllnne to My Commission Expires 19� LORRAINE LANO .i NOTARY PUBLIC — hiINNESOTA CARVER COUNrf My Commission Expires June 29, 1982--------------- S CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth _ being first duly sworn, on oath deposes and says that he is and was on April 25 78 Y 19 the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a proposed subdivision of land and conditional -use -for -James in the McCleary, Chanhassen, MN -- -- 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. Subscribe-: and sworn to before me this day of Notary P4blic Don Ashworth City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING AND SUBDIVISION OF LAND AND -CONDITIONAL USE FOR JAMES MCCLEARY, CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota will meet on Wednesday, the loth day of May, 1978 at 8:30 p.m. at the City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, for the purpose of holding a public hearing to consider subdividing the following described land into seven single family lots and one outlot, and to consider the granting of a conditional use permit for said outlot. The proposed subdivision and conditional use permit involves the following described parcel of land: "All of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of Government Lot Four (4) in Section Eight (8), Town- ship One Hundred Sixteen (116), Range Twenty Three (23), Carver County, Minnesota, lying West of the Westerly shore of Lake Minne- washta, excepting the Westerly One Hundred Fifty (150) feet of the Southerly One Hundred Ninety One and Seven Tenths (191.7) feet of the Northerly Three Hundred Thirty Three and Seven Tenths (333.7) feet of said Government Lot Four (4), and excepting that portion lying within the right of way limits of County Road Number Three (3) as now laid out and constructed, and subject to an Easement over the Southerly Thirty Three (33) feet of the Northerly One Hundred Forty Two (142) feet of the Westerly One Hundred Fifty (150) feet of said Government Lot Four (4)." A plan showing said subdivision and conditional use is available for inspection at the city hall. All persons interested may appear and be heard at said time and place. Dated: April 24, 1978 BY ORDER OF THE PLANNING COMMISSION Bruce Pankonin, City Planner Publish in the Carver County Herald on April 26, 1978 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: April 6, 1978 TO: Planning Commission and Staff FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Request APPLICANT: James K. McCleary PLANNING CASE: P-464 Please include the attached with your copy of Exhibit 1, McCleary Subdivision Request: 6. Planning Commission Minutes, dated March 8, 1978, 7. City Planner's Report, dated April 6, 1978, 8. City Engineer's Report, 9. Proposed Road Grade Plan, 10. Proposed Utility Plan. Planning Commission Meeting March :8, --1978 • : . i -.- 14--;- MC_ CLEARY PRELIM__.ARY PLAT: _Mr. McCleary is, proposing to subdivide 4.7 acres into: -seven residential building.sites and one outlot. The•property-is located approximately 500-feet`-north of Highway 5 on County Road 15 and abuts Lake Minnewashta...The property is currently zoned R-1:=::Sanitary,sewer�and water are available to the' property. •' The petitioner is -proposing 'a =20 foot wide combination walkway and private beach lot for-the'residents of the subdivision. This type of ' land use ".in an' R-1 use district is a' conditional use. Mr. McCleary plans -to -_retain and remodel the existing house on Lot 3, Block 1. The City'Engineer-stated that the street right-of-way and cul-de-sac radius shown - are - in accordance'. with'ordinance -standards. The street should be 'coristructed- to city -standards J7 ton capacity, concrete curb and 282foot-street width): The cul-de-sac, radius should be 40 feet: Water runoff,•_from:the. street should be directed to the southwest -of . thel property into a ., natural : sump , area . The developer was instructed to proceed -to -.preliminary plat and make application for a conditional use permit.:' ANIMAL.FAIR'SITE-PLAN*.''This;property'is-"located at the southeast corner of Highway 5 and 'County Road 17-in-proposed-Chanhassen Lakes Business Park:_` _ Pat'.Murphy; Carver- County Director- of Public "works, has reviewed-:the'proposal'and!commented that=additional right-of-way will`be-needed for=County=Road 17'=and the northerly access to the property will have to be eliminated. _- Bob Pierce, Architect, Dave'Appelhof and Robert:MacDonald, Animal.Fair, werep I p� resent.pro`. The erty:is 9 2 -acres-in-size. The building is k proposed at 45,000 square --feet with parking for 117 cars. A combined access with one curb cut for cars and trucks will be designed. A berm is proposed along it_i-ghway 5 and County Road 17 so, that-only=eight or ' hirie` feet ` of ' the.. biiilc? ing will bia exposed Members cautioned that high berms are not recommended in order. for police officers to have visual surveillance.of- parki*ig lots . and building entrances.= _ Al Klingelhutz =--As President of:the 1-would like to know they have b• creating much emplo They are goir cr to ha we should try.and-ac Chanhassen Chamber.,,of--Commerce a few words-on'Animal Fair. You a- long". time resident of Chanhassen ment for- ou.r own people here. o make a move and I feel c odate--them as much as possible. Dave Appelhof - I would lire to:give you a'brief run down on our timing. Our lease is up in the present building that- wt � are - .in., : the :.f irst ' of June. land we - have extended cease : for another three months. Which means we will be out in the street basically by the first of September." We areanticipating..ri.cht`now with :- timing going on a -very .tight -schedule; this was: assuming that -'the zoning would: have �._:ken- :place-: - tonight; ' 'subdivision: taking: -place- .riext week-,--- public improvements:next.week, getting a variance to Ordinance 45 so that we can put in a hol(�?ing tank sewer until the sewer is in to the location and then obtaining a building permit once all of this took place, that would be in a position to let out to bid on April 7 which to receive bids the first of CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 6, 1978 TO: Planning Commission and Staff FROM: Bob Waibel, Assistant City Planner SUBJ: McCleary Request for the Kellynne Subdivision APPLICANT: James K. McCleary PLANNING CASE: P-464 not; +-; r,n As shown in enclosures 1-10, James McCleary is proposing to subdivide 4.7 acres into 7 single-family residential building sites and one outlot. Consideration of the applicant's request will require separate actions on the subdivision request and the conditional use permit for the outlot. Recommendation I recommend that the Planning Commission order a public hearing to be held on May 10, 1978 for the consideration of this subdivision request and conditional use permit for outlot "A", on the following grounds and reasons: 1. That the plan submitted is positively consistent with the spirit and intent of the City's plan for land use transportation, and utilities. 2. That the applicant submit a written statement outlining the proposed use management and developement of outlot "A" to be used in establishing the conditions of use for said outlot. 3. That the plan to be submitted for this public hearing incorporate any additional Planning Commission or Staff recommendations. Park and Recreation- Commission Minutes ;age 2 April 4, 1978 ii.rley Chellis made.a motion that the Park and Recreation CammissioA- deXignate Western Hills Park as the Arbor Day planting area. PhyllisPoseconded the motion. Motion passed. The Co 'scion discussed the merits of vacating Valhalla Street where it terminate._ on the shore of Lotus Lake. The shore land of a lake is a value to th community. A recent meeting of the Metropolitan Council Open Space C mittee had specific concerns about the lack and loss of public lands f fishing in the metro area. Energy shoitage is going to effect the dista e and the number of occasions a person will make long trips up north and the result will be increased fishing pressure in the metro area. Another factor which was expressed was,the increasing num- bers of retired peopl who will be taking advantage of water based rec- reation on fixed income The sentiment was so 'ntent that the Open Space Committee recommen to the full Counci that fishing docks be funded by the Special Use agory of Council Additionally, lake shore will appreciate in value. Pa Boyle made a motion that the City of Chanhassen retain ownership of alhalla St eet and take necessary steps to make certain the land is not 'sused Shirley Chellis seconded the motion. Motion.carried. Pat Boyle would like to be notified �6htYie above issue will be presented for council consideration. Bob Waibel reviewed the Ritter Addition wit the Park and Recreation Commission. Shirley Chellis/tioiced concern a the lack of active space in the north and west area f the city. Shirle asked where the closest park was and he replied Lcach's Resort on Lake M. newashta. Pat Boyle made a motion that the�rark and Recreation Commiss n not accept Mr. Ritter's generous of�-er to donate land to the city a d she recommended tha the Park and -Recreation Commission endorse the Planni Commission recommendation to'abide by ordinance 14-A and contribut cash in lieu of property. �Ialter Coudron seconded the motion. Motion carried. Bob Waibe eviewed Colonial Grove Addition with the Park an Recreation Commiss n. After much discussion, Shirley Chellis made amotx n that the Perk and Recreation Commission recommend that ordinance 14- be Applied and further request a donation of cash in lieu of ta\nby developer. Phyllis Pope seconded by motion. Motion carrie Bob Waibel discussed the Kellynne Development. Shirley Chellis made a motion that Mr. Callahan and Mr. Waibel review the north and west side of Lake Minnewashta and look for a possible park site. Denis Stedman seconded the motion. Motion carried. Committees: 1. Wester ills -- Phyllis Pope and Pat Boyle. 2. Carver Bea - Phyllis Pope. 3. Lotus Lake - Wa r Coudro? 4. Trails - Mary Muehl n: 5. Athletic Fields_ ,`Denis 6. Lake Ann :-_,PIr'Boyle 7. Chanhassen Estates --Joe Betz 8�-Minnewashta - Shriley Chellis. CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: March 3, 1978 TO: Planning Commission, Staff and James McCleary, 1233 North Trailwood, Hopkins, MN 55343 FROI4: Assistant City Planner, Bob bvaibel SUBJ: McCleary PRD Proposal PLANNING CASE: P-464 The following items are to be included in your copy of Exhibit 1, McCleary PRD Proposal, for discussion and review: 1. Planner's Report dated March 1, 1978. 2. Proposed Subdivision Plan dated January 27, 1978. 3. Community Location Graphic. 4. City Engineer's Report dated March 2, 1978. 5. Existing Utilities Map. CITY'OF CHANHASSEN 7610 LAREDO DRIVE•P.0 BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: March 1, 1978 TO: Planning Commission FROM: Assistant City Planner, Bob Waibel SUBJ: McCleary Subdivision Request PLANNING COMMISSION: P-464 PETITIONER: James K. McCleary Petition Mr. McCleary is proposing to subdivide 4.7 acres of land into 7 single family residential building sites and one outlot. Background 1. Community Location: As shown in enclosure 1, the subject property is located approximately 900 feet north of MTH 5, between County Road 15 and Lake Minnewashta. 2. Existing Zoning: The subject property is presently zoned R-1, Single Family Residence District. 3. Utilities: Municipal water and sanitary sewer service are available to the subject property. The existing house on the subject property is presently serviced by sewer and water and has been assessed one sewer and water lateral and one trunk sewer and water unit. This parcel would be subject to further assessments upon subdivision. Comprehensive Plan Proposal 1. Land Use: Pursuant to the adopted comprehensive plan, the subject property and its environs are to assume and maintain, a low density single family residential identity. 2. Transportation: Pursuant to the adopted transportation plan, Minnewashta Parkway (CSAH 15) is to function as a minor collector. Planning Commissioi -2- March. 3, 1-978 Planner's Comments 1. The water oriented building sites have been planned to exceed the requirements of the Shoreland Management Ordinance for sewered areas on Lake Minnewashta. 2. The subdivision plan indicates a proposed road through the sub- division with rights of way of 50 feet for the linear portion and 60 feet for the cul-de-sac. Roadway to be required for the linear portion and the cul-de-sac will be 28 feet and 40 feet respectively. 3. The petitioner is proposing a 20 foot wide combination walkway and private beach lot for the residents of the subdivision. This area is indicated as outlot "a" on the subdivision plan. Section 7.04 (1) Ordinance 47, states..that this type of land use in an R-1 district is a conditional use. 4. It is Mr. McCleary's intention to retain and remodel the existing house on Lot 3, Block 1. 5. There does exist potential building problems in the vicinity of Lot 1 Block 2 due to the presence of Glencoe soils. Planner's Recommendation I find Mr. McCleary's proposal to be consistent with the spirit and intent of the zoning ordinance, comprehensive plan and subdivision ordinance. At this time the Planning Commission should encourage the petitioner to prepare a preliminary plat and prepare the necessary - applications for a conditional use permit. Said preliminary plat should incorporate the recommendations of the planning commission and city staff and be in accordance with Sections 6 and 7 of Ordinance 33. The petitioner should additionally apply for a conditional use permit, and make an escrow deposit to the city treasurer to defray staff expenses in processing this request. .SU,Ba 10/?Ol OF WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA 'AND DENTON, TEXAS March 2, 1978 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: James McCleary - Proposed Subdivision. Gentlemen: We have reviewed the subdivision proposed by Mr. McCleary as prepared by Gordon R. Coffin, dated January 27, 1978. We have the following comments: 1) Sanitary sewer and water service will be provided by connection to the existing facilities shown on the attached drawing. 2) Six inch watermain should be looped from the existing stub on County Road No. 15 to the 12 inch line south of the property. 3) Sanitary sewer service can be provided by direct con- nection of the lake lots to the existing lakeshore line. Extension of an 8 inch sewer to the interior lots will be necessary. 4) The street and Cul-de-Sac right-of-ways are in accordance with Ordinance Standards. . 5) The street should be constructed to subdivision standards (7-ton capacity, concrete driveover curb, 28 foot street width and 40 foot Cul-de-Sac diameter) 6) Runoff from the street should be directed to the sump area south and west of the property. Approval, subject to the outlined conditions, is recommended. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:bk attachment February 15, 1978 Zoning Administrator City of Chanhassen Chanhassen, M. Dear Sir: Attached please find a revised layout plan for my previously submitted PUD application. Per our discussions I would appreciate your review of this "sketch plan" relative to its compliance with the spirit and intent of present zoning regulations. Subject to your approval of the sketch plan, I will prepare documents required for a formal development plan with the intent of development this summer or at worst case, this fall. Lot plans are as follows: Lot 1 - Double Bungalow Lot 2 - rr rr Lot 3 - n it Lot 4 - Present Single Family Home (To Be Remodeled) Lot 5 - New Single Family Residential Lot Lot 6- rr it if it fl Lot 7 — rr If it if It I will plan to attend the March 8th meeting unless otherwise informed. Please let me know if additional materials are required. I can be reached during the day at 831 - 1616. Si rely, 01 J .-es K. McClear ,33 Trailwood Hopkins, MN. 55343 FEB 1978 ° �� CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: December 8, 1977 TO: Planning Commission, Staff and Nicholas Ruehl, Design Two, Inc. 354 Second Street, Excelsior, MN FROM: Bruce Pankonin, City Planner SUBJ: McCleary Planned Residential Development (PRD) PLANNING CASE: P-463 APPLICANT: James McCleary, 1233 Trailwood North, Hopkins, MN 55343 Attached hereto, for your consideration and review, are the following enclosures submitted in support of Mr. McCleary's proposed planned residential development: Enclosures 1. Sketch Plan dated November 30, 1977. 2. Community Location Graphic 3. Procedures for Planned Unit Development Consideration. 4. City Planner's Report dated December 8, 1977. 5. City Engineer's report dated December 8, 1977. b CITY OF CHANHASSEN 7610 LAREDO DRIVE P.O BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: December 8, 1977 TO: Planning Commission, Staff and NicholaSRuehl FROM: Bruce Pankonin, City Planner SUBJ: McCleary Planned Residential Development PLANNING CASE: P- 463 APPLICANT: James McCleary PPtf l i-i nn As shown in enclosure 1, Mr. McCleary is petitioning for rezoning from R-1, Single Family Residential, to P-1, Planned Community Development and Planned Unit Development approva . Background 1. Community Location: As shown in enclosure 2, the subject property is located on the southwest shore of Lake Minnewashta directly north of Trolls Glen Subdivision. 2. Existing Zoning: As shown in city ordinance 47, the subject property and environs are zoned R-1, Single Family Residential. 3. Utilities: As shown in Lhe city engineer's report, enclosure 5, sanitary sewer and water are available and in service to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted City Plan, the subject property and environsare to assume a low density residential identity. b. Transportation: County Road 15, which forms the subject property's western border, is to function as a collector street. 5. Shoreland Management Regulations: Pursuant to the adopted municipal shoreland management regulations, a 75 foot setback from the high water mark is required. As shown in enclosure 1, the applicant is proposing that all structures remain at least 75 feet from the shore of Lake Minnewashta. Planning Commission -2- December 8, 1977 Planner's Comments 1. As shown in enclosure 1, the subject property contains approximately 208,000 square feet of area. The proposal as suggested by Mr. McCleary includes 16 townhouse units, the site area per unit is approximately 13,025 square feet. This density appears to represent design parameters of the city's zoning ordinance, comprehensive plan and utility plan. 2. I suggested, at the onset, that Mr. McCleary only provide for docking of boats which represent a typical (90 foot front yard) boat population. As such Mr. McCleary is proposing to moor only four boats on Lake Minnewashta. 3. Physiographic Analysis and Drainage details are contained in the city engineer's report, enclosure 5. 4. 101W.- planning commission, should at this time, restrict their Cominents as to the appropriateness of Mr. McClOa-ry's proposal With the--city's: adopted comprehensive plan. 5. From a planning perspective, I feel Mr. McCleary's proposal to construct 16 townhouse units on the subject property is positively consistent with the spirit and intent of the city's plan for land use, transportation and utilities. Planner's Recommendation I encourage the planning commission to look with favor on Mr. McCleary's request and suggest that he proceed with preliminary development plans. These plans should incorporate the comments as outlined in the city engineer's report which is attached hereto and labeled enclosure 5. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING SCHOELL & MAOSON, mc. ENGINEERS AND SURVEYORS 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS December 8, 1977 City of Chanhassen c/o Mr. Bruce Pankonin, City Planner Chanhassen, Minnesota 55317 Subject: McCleary Site Plan Review Our File No. 7120M Gentlemen: We have reviewed the subject site plan from an engineering point of view and have the following comments: 1. Sanitary sewer service could be provided to the westerly 12 townhouses by extending an 8-inch gravity sewer about 200.feet from the existing lakeshore gravity sewer. The remaining six townhouses could be connected directly to the lakeshore line. 2. Six-inch watermain should be "looped" from County Road No. 15 through the developed area and to the existing 12-inch line south of the property. 3. The developer will be assessed additional sewer and water trunk and lateral charges for the service provided by the North Service Area system. The cost of installation of new facilities would be borne by the developer. 4. Runoff from the townhouse area and the proposed street should be directed to the sump area west of the develop- ment. S. The entrance road width should be 22 feet gutter -to -gutter of concrete surmountable curb. We recommend approval of the McClery site plan subject to the conditions outlined herein. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:sg _ design tWO ina 354 second street excelsior, minnesota 55331 December 1, 1977 f�f City of Chanhassen 7610 Loredo Drive Chanhassen, 1-24, 55317 Attention: Bruce Pankonen, Planner Re: Planned Residential Development for James McCleary Dear Bruce: (612) 474-4323 j. nicholas ruehl, architect As per your instruction I have enclosed 13 copies of our proposed plan for Mr. McCleary's property, along with the application form for the Planned Residential Development. Please note that the site area is 208,400 square feet. With our proposal of 16 units, the site area per unit is 13,025 square feet. Also, the site has approximately 338 feet of lake frontage. Using a typical minimum lot dimension of 85 feet, we would normally be allowed 3.95 lots. Re- lating this to our plan, we feel our request for four boat slips is within reason. If you have any questions on the plan, please feel free to call. Thank you. Very truly yours, (j. icholas Ruehl JNR/bt Enclosure -35- PLANNED RESIDENTIAL DEVELOPMENT (PRD) or CASE NO. PRD/PCD PLANNED COMMUNITY DEVELOPMENT (PCD) City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Date Received by Applicant Name: WC Address: 1233 Trailwood North Number and Street Owner: Las Address: James F s ty K ina.r.lal MN 55343 hate '7, n e Number and Street City State Zip Code Address of property in question: 7431 Minnewashta Parkway, Excelsior, MN 55331 Legal description of property in question: Goverment lot 4, Section 8, Township 116, Range 23, Carver County, Minnesota Present zoning of property: R-1 Present use of property: Resort Proposed use of property: Townhouse - Residential The following documents shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Development Plan 3. Escrow Account -36- Date Received Initial 4. Abstractor's Certificate 5. Final Development Plan I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for planned unit development. Date Received by Title- Date (Following to be completed by Aoning Administrator or City Official) CHRONOLOGY -- - -- ---- DATE BY Sketch Plan on Planning Commission Agenda -- Planninq Commission Postponed to -- Preliminary Development Plan on Planning Commission Agenda -Planning Commission Postponed to News aper Publication Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Development Plan on Council Agenda Council Postponed to Council Action Preliminary Development Plan Contract Final Development Plan or -Planning Commission Agenda -Planning Commission Postponed to .Final Development Plan on Council Agenda Council Postponed to Final Development Plan Contract Executed Escrow Returned - Amount: -37 PLANNING COMMISSION RECOMMENDATION (Preliminary Development Plan) On this day of 19 , this PRD/PCD was recommended for (approval), (disapprovalT subject to the following conditions: Chairmanot Planning Commission Action by City - Preliminary Development Plan On this day of 19 , the Chanhassen City Council, Carver an Hennepin Counties, Minnesota (approved), (disapproved this Preliminary PRD/PCD subject to the following conditions: By order of the Chanhassen City Council Mayor -------- — - Attest: City Administrator -38- PLANNING COMMISSION RECOMMENDATION.- Final Development Plan On this day of 19 this Final Development Plan was recommended for approval), disapproval) subject to the following Conditions: Chairman of Planning Commission Action by City - Final Development Plan On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved this Final PRD/PCD subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Amnistrator -34- INSTRUCTIONS FOR COMPLETING ADMINISTRATIVE FORM ENTITLED:' APPLICATION'FOR CONSIDERATION OF PLANNING REQUEST, PLANNED RESIDENTIAL DEVELOPMENT'OR PLANNED COMMUNITY DEVELOPMENT,. (Note: This instruction sheet should be given to each appli cant petitioning for planned development). 1. The applicant should become familiar with the provisions set - forth in Ordinance 47 as amended entitled "Chanhassen zoning Ordinance," and the City Administrative Procedures Manual. 2. Case No., escrow paid and.date will be filled out by the Administrator, or any other authorized person charged with accepting forms for the Planning Commission. 3. Applicant refers to the person actually submitting the form, if different than owner. If applicant is also the owner, write "same" after "name." Address refers to the applicants mailing address. 4. Owner refers to the actual person holding title to the property in question; it does not refer to a contract buyer, renter, or. lessee. Address refers to the owners mailing address. 5. Address of Property in question refers to subject property street name and number. If the property is undeveloped, the address may be obtained from the City Building Inspector. 6. Legal Description of property in question refers to the lot number, block number and name of subdivision, or if unplatted, the meets and bounds description or registered land survey as recorded of the subject property. This information may be obtained from the Carver County Register of Deeds, located in the County Courthouse, Chaska, Minnesota. 7. Present zoning of property refers to the specific zoning district in which the property is located. 8. Present use of property refers to the existing land use., i.e., single familly residential, office building, agricultural, etc. 9. Proposed use of property refers to the specific improvement intended for the property in question. 10. Documents attached are required by City Ordinance 47, Section 14. 11. The remaining portion of the application is for administrative use. i s 77-520 PRELIMINARY FOUNDATION INVESTIGATION. Proposed Residential Subdivision East of County Rd. 15 Chanhassen, Minnesota �DES October 24, 1977 MAR 1978 �' 'RECENED 1 SCHANHAggW, w mmm 1 ENGINEERING TESTING a 1_I An Expansion of Soil Engineering Services, Inc. 1;i ENGINEERING TESTING NNEAPOLIS/ST. PAUL 6880 S. County Rd. 18, P.O. Box 35108, Mpls., Mn. 55435 / 612.941-5600 :;RTHERN MINNESOTA 3219 E. 19th Avenue, Hibbing, MN. 55746 / 218.263.8869 NTRAL MINNESOTA 200 Osseo Avenue No., St. Cloud, Mn. 56301 / 612-253-9940 r October 24, 1977 Design Two 354 Second Street Excelsior,,:: Minnesota • 55331 Attn: Mr. J. Nicholas Ruehl "Mr. Ruehl : J. S. BRAUN P. E., President P. H. ANDERSON, Vice Pres. operations C.G. KRUSE P. E.. Vice Pies. Engineering Re: 77-520 PRELIMINARY FOUNDATION INVESTIGATION Proposed Residential Subdivision East of County Rd. 15 Chanhassen, Minnesota As you requested, we have completed a preliminary foundation investigation for proposed subdivision as referenced above. Three standard penetration test borings and one power auger boring were completed. The borings indicated that some excavation/backfill will be necessary in low areas and that the soil in the high area to .,.he southeast seems to be a stiff glacial till suitable for �o%indation support. Complete boring results along with our engineering analysis and recommendations are contained in the attached report. Should you have any questions regarding this data or if we may provide additional services for you, please feel free,to contact us at your convenience. JJC/CGK:lls Very truly yours, BRAUNL 4iNG INEE TESTI41G, INC_ me J. raig, J ., P.E. P.r ey E ineer �I 3aUhlAE. .e ident cc Mr. James McCleary CONSULTING ENGINEERS/SOILS AND MATERIALS October 24, 1977 77-520 PRELIMINARY FOUNDATION INVESTIGATION Proposed Residential Subdivision East of County Rd. 15 Chanhassen, Minnesota A. INTRODUCTION A.1. Purpose: The.purpose of the investigation was to assist in evaluating the subsoil and groundwater conditions with regard to foundation•support for proposed houses. A.2.. Scope: Three standard penetration test borings and one power auger boring were completed at approximate locations indicated by you. During the investigation marginal conditions were encountered in boring ST-2 at.the 25Tfoot depth. You indicated to us by telephone that we should terminate the boring at 2S feet rather than continue. Engineering analysis and recommendations were then prepared on the results of ih.e borings. B. TESTING B.I. Boring Locations and Elevations; The approximate boring .locations were chosen by you and were shown on a site plan provided by you. The attached sketch shows the boring locations as completed in the field. Surface elevations were referenced to the top of the manhole in County Road 15 located about 46 feet north of the existing driveway to the site. B.2. Boring Methods and Procedures: The borings were completeU on October 10 and 11., 1977, with a flotation tire carrier mounted core and auger drill in accordance with ASTM D1586 "Penetration Test and Split Barrel Sampling of Soils`. Using this method, the bore hole is advanced with the hollow -stem auger to the desired test depth. Then a 140 pcund hammer falling 30 inches drives a standard 2-inch OD sr -lit barrel sampler a total penetration of 1, feet below the tip of the hollow -stem auger. The blows for the -last fcot of penetration are recorded and are an index of soil. strength characteristics. Soil samples were generally taken at 21,,-foot increments to the 15 foot depth and at 5 foot increments to the termination depth in each of the borings. B.3. Soil Classifications: Mineral soils encountered.in the borings were -visually and manually classified in the field by the crew chief in accordance with ASTM D2487 "Unified Soils Classification System" and ASTM D2488 "Recommended Practice for Visual and Manual Description.of Soils", A ENGINEERING TESTING R 77-520 Design Two -3- October 24, 1977 copy of ASTM D2487 is attached. All samples were then returned to the laboratory for verification of the field classifications by a Soils Engineer. Representative samples will rema°in in this office for a period of 60 days to be. available for your examination. B.4: Groundwater Measurements: Immediately after taking the final sample in the bottom of the borings, the borings were probed with the hollow -stem auger in the ground to check for groundwater. In addition, immediately after removal of. the auger; the borings were probed and the depth to cave-in and the presence or absence of water was noted. The, borings were then immediately backfilled. C. RESULTS C.l. Soils Encountered: The low portion of the site appears that it could e a bac water area of Lake Minnewashta. This could partly explain the highly mixed soil conditions encountered by the soil borings. In the southeast corner of the site one power auger boring completed encountered a fine grained silty clayey sand glacial till. By the action of the auger, the soil was estimated to be stiff. The three standard penetration test borings encountered 2 to 4 feet of surface organic silty clay. Below the topsoil; borings ST-1 and ST-2 encountered a lacustrine silty clay to depth of 12 and 17 feet respectively. Within this clay -trata, seams and layers of peat, roots and organic silty clay were encountered. Below this strata, boring ST-1 encountered a silty sandy clay identified as a glacial till. However, boring ST-2 also encountered a silty sandy clay but it contained layers of peat, wood and organic silty clays. The geologic origin of this lower stratum is not clear from the boring sample. Boring ST-3 encountered what appeared to be a slopewash clayey sand below the topsoil. Between and 7 and 11 feet a silty clay lacustrine deposit was encountered. At depth the soil was a sandy clay glacial till. C.2. Groundwater Elevations: Groundwater was not encountered in the power auger boringat the time it was completed. Borings ST-1 and ST-2 encountered groundwater at the surface of the boring or -elevation 77z on our datum. Boring ST-3 encountered water 3 feet below the surface (elevation 74). ENGINEERING TESTING 77-520 Design Two -4- October 24, 1977 We anticipate that the water level in boring ST-3 would also stabilize near the surface given sufficient time. Fluctuations in groundwater level may occur with annual and seasonal variations. D. PRELIMINARY ANALYSIS AND RECOMMENDATIONS D.1. Foundation Support: Based on the single power auger boring, we do not anticipate foundation support problem for a typical house in the high areas around boring B-4. In the low area; however, excavation of organic or soft soils or a pile foundation would be necessary. At the present time it' would be our opinion that an excavation/backfill approach may' be less expensive than a pile foundation. We hence will not discuss piling at this time. However, various site and economic considerations could dictate a pile foundation, in which case we would be pleased to provide additional testing and analysis for a pile foundation design. D.2. Excavation: Below is tabulated the recommended depth of excavation at the boring locations. Actual depths should be determined in the field be inspection by a Soils Engineer. Approximate Recommended Excavation Boring # Depth (ft) Approximate Excavation Elevation ST-1 12 65 ST-2 17*• 60 ST- 3 11 66 B-4 0 86 *We would recommend additional borings be done in this area and probably a surcharge be placed to consolidate organic layers at depth. D.3. Backfill: The fill should be placed in an essentially dry excavation. Should water enter the excavation prior to fill placement, it should be pumped out. If. all water cannot be pumped out, a clean sand (less than 10% passing. the #200 sieve and less than 50% passing the #40 sieve) should be placed to above the water level and surface compacted. In a dry excavation and/or above the water level the on -site soils encountered in boring B-4 could be used as fill.. The fill should'be placed in layers and compacted to a minimum of 90% of the modified Proctor density for typical house foundation loadings. � !;] r M Lj LLjj ENGINEERING TESTING I 77- 520 Design Two -5- October 2.4, 1977 D.4. Surcharge: At boring ST-2 we recommended a 17-foot excavation. From the boring results it would appear that a 17-foot excavation will leave some org.anic.soils in -place. These organic soils could cause post construction settlement to occur. Thus, to minimize settlement, a surcharge could be placed to cause consolidation of the soils at depth prior, to house construction. The surcharge fill would be in addition to any fill placed to raise the grade above the water table (after excavating and backfilling the upper 17 feet is completed).' Generally a surcharge should be in -place for 1/2 to year prior to house construction. To better define the time frame and to determine the height of surcharge necessary, additional field and laboratory testing should be done. We would be pleased to provide these additional services for you should you decide to proceed with construction in the area of boring ST-2. .E. GENERAL REMAR The analysis and recommendations submitted in.thi.s report 'The based upon the data obtained from the 4 soil borings performed at the locations indicated on the attached sketch. Variations may occur between these borings, the nature and extent of which may not become evident until construction. If variations are encountered, it will be necessary to make a re-evaluation of the recommendations of this report after ,performing on -site observations during the construction and noting the characteristics of any variations. Such varia- tions may result in additional foundation costs and it is aggested that a contingency be provided for this purpose. To permit correlation of the soil data obtained to date with the actual soil conditions encountered during construction and to provide continuing professional responsibility for the conformance of the construction to the concepts originally contemplated in this report and to t7he plans and specifica- tions, it is recommended that we be retained to develop and perform the necessary observation and testing program for the excavation and foundation phases of the project. If others perform the recommended observations and/or testing of construction, professional responsibility becomes divided since in doing so, they assume responsibility for verifying that the soil conditions throughout the construction areas are similar to those encountered in the borings or recognizing variations which would require a change in recommendations. 7 t, L I E J 4J ENGINEERING TESTING LOG Or BORING PROJECT: 77-520 Proposed Subdivision East of Co. Rd. 15 & North of Hwy. 5 Chanhassen, Minnesota a ' Uffa ENGINEERING TESTING BCRIN ST-1 LOCATION: See. Attached Sketch. )ATE: 10/10/77 SCALE ASTM I I Tests or Elev. Depth D2487 Description of Materials BPF 1, 77.8 0 Symbo (ASTM: D2488) SILTY CLAY, black, slightly OL organic, with a trace of fibers, moist to wet, medium. (Lacustrine) o 4 _ e SILTY CLAY, dark gray to gray, �E CL with a trace of roots, lense of V11+ to SAND, wet, very soft. 0 l CH (Lacus trine) u as v v c a Cc: 1".8 " c� I c Id �. I 'n 57.3 20.5 c. 0 c. I SILTY SANDY CLAY, fine-grained, CL with a trace of Gravel, gray, wet, soft to rather stiff. (Glacial Till) Water level down 7' with 19' of hollow -stem auger in ground. Water level down 4' immediately after withdrawal of auger. Water level down 0' 1 hour after completion of boring. I. 1 3 11 1"=4' Notes Surface elevations were referenced to a temporz bench mark elevation of 100.0' on .the top of the manhole cover on Co. Rd. 15 46 N. of the existing driveway on the site. TW No sample return TW#2 ry • LOG OF BORING PROJECT: 77-520 Proposed Subdivision East of Co. Rd. 15 & North of Hwy. 5 Chanhassen, Minnesota c,l of 0 ae- ENGINEERING TESTING ST-2 LOCATION: See Attached Sketch. DATE: 10/11/77 SCALE: 1"=4' ASTM Tests or Notes Elev. Depth D2487 Description of Materials 1BPF 77.3 0 Symbo (ASTM: D2488) SILTY CLAY,,black, slightly 0L organic, with a trace of fibers, moist to wet, rather soft. • (Lacustrine) 1 60.3 c� a.1 _01 C 0 17 SILTY CLAY, gray, wet, with CL lenses of SAND & SILT, with clumps and layers.of PEAT, wood, organic SILTY CLAY, fibers, rather soft. (Lacustrine) trace of shells at 15' SILTY SANDY CLAY, gray, wet CL with a trace of wood, fibers and organic SILTY CLAYS, rather soft to medium. (Lacustrine?) Water level down 6' with 24' of hollow -stem auger in ground. Water level down 1' immediately after withdrawal of auger. Water level down 0' 1 hour after completion of boring. C40 3 7 3 5 5 0 TW#3 L O G OF BORING PROJECT: 77-520 Proposed Subdivision East of Co. Rd. 15 & North of Hwy. 5 Chanhassen, Minnesota ENGINEERING TESTING _8OP,ING: ST-3 LOCATION: See Attached Sketch. DATE: 10/ 11/ 77 ISCA LE: 1"=4' w ASTM Tests or Notes Elev. Depth D2487 Description of Materials BPF 77.6 0 Symbol (ASTM : D2488) SILTY CLAY, black, moist to wet, l' OL slightly organic, with a trace 75.6 ' 2 of fibers. Lacustrine)__ I CLAYEY SAND, fine to medium -grained 4 >, o SC brown, wet, with a trace of wood, — rather soft Sl pewash C_C' SILTY SANDY CLAY, gray mottled 5 E CL with brown, wet, with a trace of 0 fibers,. rather soft. e 70.6 7 (Slopewash) -69.6 8 CL SILTY CLAY, gray, wet, soft..* 2 SILTY CLAY, with seams of SAND, CL with a trace of Gravel, gray, moist to wet, medium . -,'66.6 11 (Lacustrine?) 6 ° SANDY CLAY, with a trace of o CL Gravel, with lenses of SAND, 6 gray, wet, medium to rather stiff. v 2 (Glacial Till) v y a� 7 a 0 a ' a E. 57.1 20.5 10 a - Water level down 11' with 19' of Dhollow -stem auger in ground. Water level down 6' immediately cz. after withdrawal of auger. Water level down 3.5' 1 hour afte completion of boring. *(Lacustrine?) l� LOG OF - � SOIL F/Y6ifilFffR{'vVQ Sgg;,, Lj IfJC BORINGS a C: C -H ♦J Ad I u 0 b u M b M 41 V3 b ro PROJECT: 77-520 Proposed Subdivision DATE: 10/ 11/77 East -of Co. Rd. 15 & North of Hwy. 5 SCALE: Chanhassen, Minnesota 111=4' BORING: B-4 LOCATION: See Attached Sketch. BORING: LOCATION: SURF. ELEV: SURF. ELEV: 86.7 Depth Descri tion o Materials D2487 WL Depth Description of Materials WL SANDY CLAY, with a trace of Gravel, brown, wet. CL `2 _ SILTY CLAYEY SAND, ine- grained, brown, moist. (very stiff drlilling) SM-SC 15 r' m=N.ow■ mmm �sv _SCRIPTIVE TERMINOLOGY PARTICLE SIZE IDENTIFICATION Boulders over 3" Gravel Coarse 1" — 3" Medium 1/2" — 1" Fine No. 4 - 1 /2" Sand Coarse No. a4 —No. 10 Medium No. 10 — No. 40 Fine No. 40 — No. 100 Very Fine No. 100 — No.200 Silt No. 200 — .005 mm Clay less than .005 mm RELATIVE DENSITY OF CON ESIONLESS SOILS very.locse 0— 4 BPF loose 5 — 10 BPF medium dense 11 — 30 BPF dense 31 — 50 BPF very dense 50+ BPF R'LA7VE PROPORTIONS OF GRAVEL SOIL INTRUSIONS THICKNESS RELATIVE PROPORTIONS lense 0 — 1 /8" with a few 0 — 10% seam 1/8" — 1" with some 11 —20% layer 1" — 12" with. over 20% varved alternating seams or lenses of clays and silts in lake deposit MOISTURE CONTENT ORGANIC CONTENT . Dry less than 5% 0-5% non -to slightly organic Moist under optimum moisture 6 — 10% slightly organic Wet over optimum moisture 11 — 25% organic Waterbearing saturated sand 26 — 65% muck 65+ peat i CONSISTENCY OF PLASTICITY OF SOILS WITH COHESIVE SOILS LESS THAN 20% CLAY very soft 0— 1 BPF non plastic gritty, cannot thread soft 2 — 3 BPF slightly plastic rough to smooth, rather soft 4 — 5 BPF hard to thread medium 6— 8 BPF plastic smooth to waxy, rather stiff 9 — 12 BPF easy to thread stiff 13 — 16 BPF very stiff 17 — 30 BPF hard 30+ BPF LABORATORY TESTS a trace 0— 5% DO Dry Density, pcf OC Organic Content, % a little 6 — 15% WD Wet Density, pcf S Percent of Saturation, % some 16 — 30% MC Natural Moisture Content, % SG Specific Gravity and 31 — 50% LL Liquid Limit, % C Cohesion PL Plastic Limit, % 0 Angle of Internal Friction PI Plasticity Index, % qu Unconfined Compressive Strength DRILL ING NOTES: Standard penetration test borings were advanced by 2%" or 3%" I.D. hollow -stem augers unless noted other- wise. Jetting water was used to clean out auger prior to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST" (Split Tube). Power auger borings were advanced by 4" or 6" diameter, continuous-flite, solid stem augers. Soil classification and strata depths are inferred from disturbed samples augered to the surface and are therefore somewhat approximate. Power auger borings are designated by the prefix "B". Hand probings were advanced manually with a 1 %" diameter probe and are limited to the depth from which the probe can be manually withdrawn. Hand probings are indicated by the prefix "H". CLASS( cICATION: Classification on logs is made by inspection in accordance with the Unified Soils Classification System (see attached chart) using visual -manual procedures unless noted otherwise. GROU?.D WATER: Observations were made at the times indicated. Porosity of soil strata, seasonal weather conditions, site topography, etc., may cause changes in the water levels indicated on the logs. SAMPLING: All samples are taken with the standard 2" 0. D. split -tube sampler, except where noted. TW indicates thin - wall undisturbed sample. BPF' Numbers indicate blows per foot recorded in standard penetration test, also known as "N""value. The sampler is set "6" into undisturbed soil below the hollow -stem auger. Driving resistances are then counted for second and third 6" increments and added to get BPF. Where they differ significantly, they are reported in the following form — 2/12 for the second and third 6" increments respectively. WH: WH indicates that sampler penetrated soil under weight of hammer and rods alone, driving not required. NOTE: All tests run in aecort�ancewith applicable ASTM standards. FNGINFFRING TFSTfNG CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES ASTM DESIGNATION D-2487 Major Divisions C N aJ � U N N 2 i V7 UI U E �r L ra v o 3 y cn as cro •r J C, N ,`n o I N I cn O a, b aJ v+ cai, En o4 ro o ro ,n L 1z LO c7 n i c� E ra 0 ra •0 L N'7 W L 0 O r4 . a .s a, Vn L o I rn V7 C Group Typical Symbols Names Well -graded gravels and GW gravel -sand mixtures, little or no fines Poorly graded gravels and GP gravel -sand mixtures, little or no fines Silty gravels, gravel - GM sand' -silt mixtures Clayey gravels, gravel - GC sand -clay mixtures Well -graded sands and SW gravelly sands, little or no fines Poorly graded sands and SP gravelly sands, little. or no fines Silty sands, sand -silt SM mixtures SC Clayey sands, sand -clay mixtures Inorganic silts, rock flour, silty or clayey ML fine sand Classification Criteria Cu = D80 / D10 Greater than 4 `n 2 Cz = 0 0 DI' D o Between 1 and 3 c, -Z r- Not meeting both criteria for GW aJ V O ._•o rn 4- Atterberg limits plot o to y 0v aU below "A" line or Atterberg limits plot- tm Ln plasticity index ting in hatched area. (Q c rn less than 4 -Atterberg are borderline classifications a , ,:�•� limits plot above "A" line and re- qui ring use of dual 01 , - Crplasticity i 9 index symbols 4- m � than 7 i _greater Ou = D60/D10 Greater than 6 ut En > N > � a, 2 Cz = X Dfi0 Between 1 and 3 rt � •via, vi > CD Dlp 0 o O N 00 Not meeting both criteria for SW 4-3z N V vto O 4- roaz d Atterberg limits plot below "A" line or Atterberg limits plot- � � rcl plasticity index less ting in hatched area 124LJ than 4. are borderline clas- C: _ 0- b 'a N Atterberg limits plot sifications requiring above "A"line and use of symbols 0 e getrityndexraethan J Xln Inorganic c ays of low to CL medium plasticity, grav- 60 elly clays, sandy clays, silty clays, lean clays 50 Organic silts and organic OL silty clays of low H plasticity 40 Inorganic silts, micaceous 30 AN or diatomaceous silts, elastic silts 20 Inorganic clays of high Q, CH plasticity, fat clays Organic clays of medium OH to high plasticity PZasticity chart For classification of fine- grained soils and fine fraction of coarse -grained soils. Atterberg Zimits plotting in hatched area are borderline classifications requiring use of dual symbols. Equation of A -line: P1 = 0.73 (LL-20 CL zd As OH ig 4 00 iu cv sU 4u ou ou /U 80 90 100 Liquid limit Peat, snuck and other Higniy organic soils Pt highly organic soils Visual -manual identification ENGINEERING TESTING CHAPTER FOUR PLANNED RESIDENTIAL DEVELOPMENTS OR PLANNED COMMUNITY DEVELOPMENTS -27- PLANNED RESIDENTIAL DEVELOPMENTS (PRD) No PLANNED COMMUNITY DEVELOPMENTS (PCD) Chronology Introduction The City being confronted with increasing urbanization and acknowledging that technology of land development and demand for housing are undergoing substantial and rapid changes, intends: 1. To provide 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 City and its residents: 2. To encourage the more efficient allocation and innovative 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 City. 3. To provide for the establishment of regulations and procedures for planned residential district development designed to ~ the need for moderate .x .d, low cost housing, including the uti - �ization of preconstructed _ind -reassembled dwelling units of a permanent nature without sacrificing quality construction and assembly standards and tax base; and 4. `1'o provide administrative procedures which can relate a planned development district to a particular site and which may encourage the disposition of planned development district proposals without undue delay. Step -by -Step Procedure fog Processing an Application for Planned Residential Development. (Ref. Ordinance #47, Section 14). Step 1. PETITIONER a. Initial Information. All applications for PRD or PCD shall be filed in tFie office of the Zoning Administrator and shall be accommodated by 4dequate evidence tha PRD or PCD Single Ownership or Unified �Y�1. -28- b. Additional Information - Sketch Plan The applican may prepare a sketch plan of the proposed development for review by the Planning Commission. Such sketch plan will be considered as having been submitted for informal discussion between the applicant and the Planning Commission. Step 2. ZONING ADMINISTRATOR a. Reviews documents submitted in Step 1 above, and request any additional information from petitioner. b. Forwards copies of petition to other staff or governmental agencies (i.e. Metropolitan Council, Department of Natural Resources, Minnesota Highway Department, Watershed District, Environmental Quality Council, adjacent governmental units, Industrial Commission, Central Business District Committee,Fire Chief, Park Board, etc.) as deemed appropriate at least fourteen (14) days prior to the Planning Commission meeting. C. Prepares planning report which includes comments from other staff and forwards copies to each Planning Commission member and petitioner no later than Friday prior to the Planning Commission meeting. Step 3. PLANNING COMMISSION a. Reviews documents and reports as submitted in Step 1 and 2 above. b. Hears petitioners informal presentation of the proposed PRD or PCD. C. Advises the petitioner of the extent to which the sketch plan conforms to the Comprehensive City Plan, Zoning Ordinance and other ordinances of the City. Step 4. PETITIONER a. Reviews the comments made in Step 3 above. b. Prepares a Preliminary Development Plan containing the following information: (1) Maps and drawings which may be in a general schematic form and showing: a) enough of the area surrounding the proposed development to demonstrate the relationship of the planned development to adjacent uses, b) proposed land uses, area, population densities and land use intensities for each area of land included in the proposed development, c) existing topography, -29- (1) cont. - d) existing tree cover, buildings, streets and other site improvements, e) proposed access system, indicating both public and private streets, f) common open space and public uses, including schools, parks, recreation areas and undeveloped properties, g) the architectural style of each different type of building. (2) A written report or statement which shall include a) the nature of the applicant's ownership or control in the land proposed to be developed, b) a description of the type of proposed development, including population densities and land use intensities, c) requested modification in the requirements of this ordinance other- wise applicable to the property, d) the expected schedule and sequence of development. c. Deposits with the city an escrow account as outlined in item 10 on page 2. Said escrow account shall be deposited prior to Planning Commission review as outlined in Step 5 below. d. An abstractor's certificate showing the names and addresses of all property owners within three hundred fifty, (350) feet of the outer boundaries of the property in question. Step 5. ZONING ADMINISTRATOR a. Reviews documents submitted in Step 4 above, and requests any missing information from petitioner. b. Forwards copies of petition to other staff or governmental agencies as deemed appropriate at least fourteen (14) days prior to the Planning Commission Meeting. c. Prepares planning report which includes comments from other staff and forwards copies for each Planning Commission member and petitioner no later than Friday prior to the Planning Commission Meeting. Step 6. PLANNING COMMISSION a. Reviews documents and reports as submitted in Step 1 - 5 above. b. Hears petitioners informal presentation of the proposed PRD or PCD. C. Sets date for public hearing or requests additional information from petitioner. If additional information is requested, Steps 4 and 5 shall be repeated. -30- Step 7. PUBLIC HEARING. a. City Administrator. (1) Advertises notice of public hearing as governed by State Statute and City Ordinance. (2) Notifies owners of adjacent property, as supplied by the petitioner, of public hearing at least ten (10) days prior to hearing. b. Planning Commission opens public hearing for the purpose of hearing: (1) Petitioners formal presentation. (2) Arguments from general public. C. Planning Commission either continues public hearing to a future date or closes public hearing. d. Plannin Commission forwards a report to the City Council statinq its TH71ings and recommendations within sixty (60) days of the date of the public hearing, designation such conditions and guarantees as the commission deems necessary for protection of the public interest. Step 8. CITY COUNCIL. a. Considers Planning Commission recommendations at the second regular meeting after Planning Commission action. b. Council either grants or denies PRD or PCD Preliminary Development Plan. C. If the Council approves Preliminary Development Plan the Council shall find: (1) The proposed development is not in conflict with the Comprehensive Plan. (2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boudaries. (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. -31- (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. (7) The planned development will not have an adverse impact on the reasonable enjoyment of neighboring property. d. If the Council denies Preliminary Development Plan, the Council shall state reasons for disapproval. Step 9. OPTION The City Council may hold whatever public hearing it deems advisable and shall make a decision upon the application to approve Preliminary Development Plans if the Council decides to hold a public hearing the procedure for public hearing notification as outlined in Number 7 above shall be repeated. Step 10. ZONING ADMINISTRATOR. a. Forwards copy of the Council action to Planning Commission and petitioner and retains a copy in Case file folder. b. Requests City Attorney to prepare and execute development contract as per City Council action. Step 11. PETITIONER. (Final Development Plan) a. Prepares Final Development Plan which include the following: (1) Preliminary plat in accordance with the applicable provisions of Ordinance 33, Chanhassen Subdivision Ordinance, including agreements, provisions, covenants and specifications required for approval of the final development plan. (2) Final building drawings and specifications. (3) Final site plans including a landscape schedule. (4) Engineering plans and reports as required by the Council. (5) Any other information or documents required by the Council for the approval of the final development plan including a planned unit development contract and any bonds, deposits of money or security. Step 12. ZONING ADMINISTRATOR. a. Reviews documents submitted in Steps 7 - 11 above, and requests any additional information from petitioner. --N, -32- b. Prepares Planning Report which includes comments from other staff and forwards copies to each Planning Commission member no later than Friday prior to the Planning Commission Meeting. Step 13. PLANNING COMMISSION. Recommends approval or disapproval of Final Development Plan to City Council. Step 14. Step 15. ZONING ADMINISTRATOR. Forwards Planning Commission recommendation to City Council. CITY COUNCIL. a. Approves Final Development Plan. b. Disapproves Final Development Plan stating reasons for the disapproval or; C. Approves final Development Plan subject to specified modifications or conditions. Step 16. ZONING ADMINISTRATOR. a. Forwards copy of Council action to Planning Commission and petitioner and retains a copy in case file folder. b. Instructs City Attorney to prepare and execute Final Development Plan contract as,per City Council action. c. Maintain a "come -up" file where a time limit is stated by the City Council. d. Returns remaining escrow deposit to petitioner. Step 17. PLANNING COMMISSION. The Planning Commission shall review all PRD or PCD districts at least once each year and submit a report to the City Council on the status of each development. Step 18. CITY COUNCIL. a. If the Council finds that development has not occurred within a reasonable time after approval of the final development plan, the Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. -33- b. Amendments: Changes in uses, any rearrangement of lots, blocks, or ui ing tract, any changes relating to common open space areas, and all other changes in the approved final development plan may be made by the Council only after a public hearing by the Planning Commission and the submission of its recommendations thereon to the Council. No amendments may be made in the approved final development plan unless they are found to be required by changes in conditions which have occurred subsequent to approval of the final development plan, or by changes in the development policy of the Council. All such changes shall be filed in the office of the Zoning Administrator as amendments to the final development plan.