78-01 - Chaparral PUD Amendment pt 7" = ' i
�.`� r/.� Yi f � � li L•//`�`rl 6PW�
IN GVVt
'00 M^tro Square Build;-!! , 701 E,l.r: rt. and Rohert St -,—et., ;tint Paul, .i;;,r •.
Ms.Sharon Decker
Environmental Quality Board
100 Capitol Square Building
550 Cedar Street
St. Paul, Minnesota 55101
�ta.5�ii.fl' [�.r..�.: (;1'�•, �tai-('.tr�'1
February 27, 1979
Re: Environmental Assessment Worksheets
a) Winslow House Condominiums,'Minneapolis
Metropolitan Council Referral File No, 6627-1
b) Chaparral, Chanhassen, with Addendum 2.5.79
Metropolitan Council Referral File No. 6630-1
c) Minnesota's Eastwoode 2nd Addition, Oakdale
Metropolitan Council Referral File No. 6685-1
Dear Ms. Decker:
The Metropolitan Council has examined the above EAW's all of which
had negative declarations. The Council does not challenge these
declarations.
Through our notification process and staff review, we have received
information about each of these assessments that we are forwarding,
to you for your information. This information is itemized as
follows:
a) Winslow House Condominium, Minneapolis
Metropolitan Council Referral File No. 6627-1
1. Letter with attachment February 21, 1979, from
Hennepin County Department of Transportation.
2. The project has been primarily found consistent
by the Council with the Mississippi River Corridor.
Interim Development Regulations.
:?,t :'1g} —iit t to C, ixolo •l,o !-} •n(l ?)+ .:•I - . I lit F th, '1.1cin "-I-, -tlol lit:ln :\:uaCn .1g•
tl.nckci Comity ` Garver Coil, i'( 111)epi,t C ar, t':;11 .v -y C(-.r y - I t rtou.,,,
4
Ms.Sharon Decker
Page Two
February 27, 1979
3. Transportation staff noted that the estimated number
of traffic trips generated per day was low, and feels
that it is desirable to make a modification re�,arding
this in the EAW. A realistic estimate of trips per
day, according to Transportation Staff, would be 150
to 250 trips per day, rather than the 60 listed in the
EAW. Minneapolis City Staff has been notified of this
suggested change.
b) Chaparral, Chanhassen, with Addendum 2.5.79
Metropolitan Council Referral File No. 6630-1
1. Letter, February 9, 1979, from Riley Purgatory Creek
Watershed District.
2. Letter, with attachments, February 23, 1979, from the
Carver Soil and Water Conservation District .
c) Minnesota's Eastwoode 2nd Addition, Oakdale
Metropolitan Council Referral File No. 6685-1
1. Letter, with attachment, February 14, 1979, from
Washington County Soil and Water Conservation District.
2. Letter, February 13, 1979, from Charles Burrill, Mn/DOT.
Sincerely,
John K. Rutford
Referral Coordinator
cc: Mike Cronin, Minneapolis Planning Department
Bob Waibel, Chanhassen Assistant City I'lanager/Planner
Dennis Zylla, Oakdale City Manager
James M. Wold, Hennepin County DOT
Frederick S. Richards, Riley Purgatory Watershed District
Dennis Hoese, Carver Soil and Water Conservation Districts
Charles Burrill, Mn/DOT
JKR:vv
C ea 0
To Whom It May Concern:
NEW HORIZON HOMES, INC.
BUILDING TOMORROWS DREAMS TODAY
3131 FERNBROOK LANE NORTH
SUITE 104
PLYMOUTH, MINNESOTA 55441
612-559-5770
February 26, 1979
In recognition of the continued contribution to the
growth and development of New Horizon Homes, Inc., the
following individuals have been promoted effective
January 1, 1979 as follows:
Robert J. Bemboom: To Executive Vice President, Treasurer,
and to the Board of Directors of
New Horizon Homes, Inc.
John C. Madison: To Vice President of Construction of
New Horizon Homes, Inc.
James H. Ervin: To Vice President of Sales of
New Horizon Homes, Inc.
Very truly yours,
NEW HOR ZON HOMES, INC.
G2
Robert L. Burger,
President
RLB/jlp
349; �6-
ti
MAR1979 2
C010j RECEWED
Z VILLAa@ C ,
CHANHA.+ SM, i
CARVER SOIL AND % TER CONSERVATION DISTRICT
County Office Building
Waconia, Minnesota 55387
Telephone (612) 442-2614
MINNESOTA I M&
SOIL... AND WATER CONSERVATION DISTRICTS
February 23, 1979
Mr. John Rutford, Referral Coordinator
Metropolitan Council
7th & Robert Streets
St. Paul, Minnesota 55101
Dear Mr. Rutford:
As requested for comment by your letter of February 6, 1979, find
attached a soil and water conservation inventory and evaluation of
the New Horizon Homes 106 acre property in the ci-cy of Chanhassen.
Sincerely yours,
Dennis Hoese, Chairman
Carver S&WCD
DH/mh
cc: Bob Waibel, Chanhassen City Planner
Enc.
AN EQUAL OPPORTUNITY EMPLOYER
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR February 16, 1979
MARK C. McCULLOUGH
Mr. Bob Waibel
Assistant City Planner
City of Chanhassen
Box 147
Chanhassen, MN 55317
Dear Bob:
TELEPHONE
(612) 335-9565
Re: Chapparal Second Addition
The purpose of this letter is to confirm our telephone conversa-
tion of February 15, 1979, wherein you advised me not to prepare
the public hearing notices for the March 5, 1979 public hearing
on the proposed vacation of Dogwood Avenue. That public hearing
has been postponed indefinitely.
CMM:mep
Very truly yours,
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
FEB
� 9i$ ,gip
VILLAGE o . �l
a CHANHAS3EN,
W
WILLIAM 0. 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.EMONO
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT HARRI
City of Chanhassen
c/o Mr. Don Ashworth
P. O. Box 147
Chanhassen, MN. 55317
Subject:
Dear Mr. Ashworth:
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
February 14, 1979
New Horizons - Chaparral
Addition, Street Widths.
As requested, we have studied and comment herein on the
desirability of requiring wider streets in Chaparral as well
as future subdivisions in the City.
The City has required a 28-foot roadway width for minor
streets for several years. While this width has generally
proved adequate in single family residential areas.3t has
not been tested in higher density (duplex and quadraminium
areas). A 32-foot street proved unsatisfactory in the
apartment area of Chan View necessitating parking restrictions.
In a letter dated February 9th, Mr. Bruce Paterson of
Suburban Engineering questions the widening of streets in the
first addition of Chaparral. The plat and plans were approved
by the City with 28-foot wide streets. It is not Staffs
intention to recommend a greater width in this single family
area or without further study,.in others.
In the same letter, Mr. Paterson makes several valid
points against requiring streets wider, (increased cost to
homeowners, increased maintenance costs and increased runoff)
The main reason for widening is that less weaving would be
required to avoid parked cars resulting in safer driving
conditions and driver convenience.
The report "Residential Streets.- Objectives, Principles
and Design Considerations" published jointly by the Urban
Land Institute, the American Society of Civil Engineers and
the National Association cf Home Builders recommends.a 26-
foot wide pavement. This report states regarding 26--foot
.
SCHOELL & MAOSON. INC.
City of Chanhassen
c/o Mr. Don Ashworth
February 14, 1979
Page 2
streets ".....the level of residence inconvenience by lack
of two moving lanes is remarkably low. In fact, no appre-
ciable differance in driver convenience generally is noted
between a 26-foot wide and a 36-foot wide pavement unless
the neighborhood layout permits travel distance in excess
of three blocks between a dwelling and a collector street."
The "Traffic Engineer Handbook" of the Institute of Traffic
Engineers recommends 26-feet for single family detached
houses and 32-feet for row houses (15 units per acre). From
these publications it would seem that the present city street
widths requirements are adequate for single-family and maybe
for quadraminium areas. However, neither publication mentions
the effect of snowfall or off street parking.
Snowfall, lack
ations have led so
Froma study done
ments for various
Municirality
Coon Rapids
Minnetonka
Lakeville
Eden Prairie
Woodbury
Prior Lake
Waconia
of off street parking and other consider -
me communities to increase street widths.
for Waconia, we found street width require -
communities to be as listed below:
*Gutter to Gutter
Street Width*
Sin -,,le Family Multiple
30
26
36
28
32
30
40
Where 26-feet has proven adequate in
lots and adequate off-street parking,
areas of south Minneapolis with small
parking.
SUMMARY
30
36
32
32
N/A
44
Minnetonka with half acre
36-feet is inadequate in
lots and no off-street
The purpose of this report is to provide information for
further study to the City Planning Commission, Council and
other City Staff members.
WJBrezinsky:srt
Very truly yours,
Schoell & Madson, Inc.
Riley- Purgatory Creek Watershed Distrie�
8950 COUNTY ROAD ?t
EDEN PRAIRIE, MINNESOTA 5534
r
February 9, 1979 Of'
Mr. John Rutford
Referral Coordinator
Metropolitan Council
300 Metro Square Building
St. Paul, Minnesota 55101
Re: Environmental Assessment Worksheet
Chaparral, Chanhassen, Minnesota
Dear John:
In response to your letter to me of February 6, 1979 regarding
the. environmental assessment worksheet for Chaparral in Chanhassen,
Minnesota, that matter is now being processed by the watershed
district for review and comment. However, as you know, the water-
shed district Board of Managers only meet monthly and therefore
this matter will not be reviewed and commented upon by the managers
until March 7, 1979. Hopefully, the watershed district comments
transmitted to you immediately following that date will be satis-
factory. If not, please advise the undersigned.
FSR/njr
Very truly yours,
)
/ r
Frederick S. Richards
...w
' ""O)in Office 571.6066
® USURBAN ;P875 Highway No. 65 N. E.
�❑ NGINEERINQ Minneapolis, Minnesota 55432
1 NC.
South Office 890.6510
Civil, Municipal & Environmental Engineering 1101 Cliff Road
71 ❑ Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337
Feb. 9,1979
Ref: 78-57
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
Attn: Mr. Bob Waibel
Re: Chaparral
Gentlemen:
Mr. Bob Burger of New Horizon Homes has informed me of a tentative proposal
to require additionally wide streets in Chaparral and asked to make a survey
of some of the western and southern communities for a comparison of the their
requirements. We telephoned eight cities for this data and also asked them
if they prohibit parking, whether they have been experiencing problems
with their present system and whether they required off-street parking.
A tabulation of the answers are attached.
Five cities require a greater width than is presently planned for Chaparral,
three require a narrower section, and one requires the same. None require
the proposed street width.
Although three cities had some form of on -street parking limitation ranging
from seasonal through maximum hours to total prohibition, none reported a
problem as such - most likely due to the fact that all eight require one or
more off-street parking spaces permit. Five of the eight required two spaces
and three required one space. Two of the eight require two -car garages while
one requires a single garage.
The3e are several reasons from the developer's and the City's point of view
which should be considerd by staff and council in making this design a
requirement.
FEE1979 t,
RZcEtvEo m
1/11-L:AGE op i
AWASS fir.
> mom.
Robert Minder, Reg. Eng. E. A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Surv. Peter J. Molinaro, Reg. Eng.
Wm. E. Jensen, Reg, Eng. Wm. K. Meyer, Reg. Eng. H. William Rogers, Reg. Surv. Bruce A. Paterson, Reg. Eng.
r
10
To: City of Chanhassen
R e: Chaparrel
February 8,1979
Page 2 of 2
First,is the cost factor to the developer. Using contract prices from
New Horizon's existing street contract, this change would increase the
street construction costs by 7.5%. In addition, since some of the streets
have already been cut to sub -grade at the approved plan width, they will
have to be graded wider at additional expense. These costs must, ofcourse
be passed along to the buyer and will be just one more factor in driving
the single-family market out of the price range of many more prospective
buyers. Since there is a nation-wide concern about this problem - shared
by the Metro Council - additinnally high requirements by governments will
undoubtedly be a major factor in determining that more of our communities
will be developing as multi -family or higher -density single-family cities.
Secondly, the widening of street roadways will place an additional burden
on city maintenance, especially with regard to snow removal. The widening
increases the area to be plowed by about 13% which will have to be removed.
Depending on your present procedures in planning, it may also require an
additional pass for plows.
Third, as you may know, the Watershed District requires that the rate of
runoff flowing from a drainage district be no more after development than
in its natural, pre -development state. This is extremely difficult to
obtain under present conditions and will certainly increase if additional
hard -surfaced areas are required. The street areas will increase by the
13% mentinned above and the overall impervious area in the first addition,
including homes and driveways, would increase by approximately 6%. This
will increase the rates of flow, the total volumes, and the size of lateral
and trunk storm sewers.
New Horizon Homes feels that neither the densities nor the average daily
traffic justify this proposed widening and that the disadvantages in cost,
maintenance, and drainage revisions could result in problems for residents
developers, and the City. They request that all of, these factors be taken
into careful consideration and that the standards of other-Lities be taken
into account during the decision process.
Sincerely,
SUBURBAN ENGINEERING,INC.
Bruce A. Paterson, P.E.
cc: Bob Burger, New Horizon Homes, Inc.
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Minnesota
— Environmental Quality
100 Capitol Square Building
550 Cedar Street
St. Paul, Minnesota 55101
Phone 296-9031
February 8, 1979
Mr. Robert Waibel
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
RE: Chaparral
Dear Mr. Waibel:
This letter acknowledges receipt of the environmental assessment
worksheet (EAW) on the above project. Notice of the EAW's conclu-
sions that no environmental impact statement (EIS) is needed will
be published in the EQB Monitor on February 12, 1979.
Publication in the EQB Monitor commences the 30-day review period
for the decision. You will be notified if any challenges to the
decision are filed and EQB action is necessary. You will also be
notified if no objections are filed during the review period.
Please note that no final actions to approve or commence the pro-
ject should be taken until the 30 days after publication of a Nega-
tive Declaration (a decision that no EIS is needed) or, if an EIS
Completion Notice (a decision that an EIS is needed) is published,
until after the EIS is completed. This is in accord with the
Minnesota Environmental Policy Act (MEPA) and the Minnesota Environ-
mental Review Program Rules (6 MCAR 9 3.031).
Sincerely,
ason JenPzsch, taff
Environmental Q{i.ality Board
JJ/dh
cc: New Horizon Homes
Howard Dahlgren Associates, Inc.
AN EQUAL OPPORTUNITY EMPLOYER
O
v �1N Clit�r
300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359
February 6, 1979
Bob Waibel
Assistant City Manager/Planner
City of Chanhassen
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
RE: City of Chanhassen
Environmental Assessment Worksheet for
Chaparral
Chanhassen, Minnesota
Received 02/02/79
Metropolitan Council Referral File No. 6630-1
Dear Mr. Waibel:
This is to acknowledge that the Metropolitan Council has received
the above Environmental Assessment Worksheet.
If there are any questions or if further information is needed, thv
Council will contact your office.
Thank y .:
5ineerely,
Jti rir
Referral Cco-rdinatcr
JR " ch.
cc: James Daly, Metropolitan Council District 16
FES1979
cP. AN14Agg�J�
r4114W
An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County 0 Carver County 0 Dakota County O Hennepin County 0 Ramsey County 0 Scott County 0 Washington County
METROPOLITAn
WAITE
COnTROL
COtiUi i lon
Twin Cities Rreo
February 6, 1979
Mr. Donald Ashworth
City Manager
City of Chanhassen
7610 Laredo Drive
Chanhassen, MN 55317
Re: Chapparral-- New Horizon Home
Dear Mr. Ashworth:
C Lv Ad?rh11-'t r210f
,712
We have reviewed the information submitted (design data and locat-ion
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 Cou^c;l
in their Development Framework Program.
We will file this information as part of your comprehensive se:Ver plan
and inform the Minnesota Pollution Control Agency that we hav:= no
objections to the installation of these facilities.
Very truly yours,
2eee�-
R. A. Odde
Staff Encineer
RAO: RJP:hw
cc: Minnesota Pollution Control Agency
Metropolitan Council
Suburban Engineering, Inc. South Office
350 METRO fOUARE BLDG.
7TH & ROBERTlTREET/
imnT PAUL MA 551O1
6121222.8423
1
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-y LL,AO�r��� �1
OF e
CHANHA3$Zt4
j, MINN \r
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.y
LARSON & MERTZ
11 ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CRAIG M. MERTZ (672) 335-9S65
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
January 31, 1979
Mr. Donald W. Ashworth
City Manager
Box 147
Chanhassen, MN 55317
Re: New Horizon Homes
(Plat of Chaparral)
Dear Don,
You will recall that on November 29, 1978, this
office requested that New Horizon Homes provide additional evidence
showing that New Horizon Homes had fee title to the southerly
one-third of Outlot C.
On January 29, 1979, we received additional documentation from
New Horizon Homes on this matter, specifically a Chicago Title
Insurance Company committment letter dated January 14, 1979.
This office is now satisfied that the applicants (New Horizon
Homes, Inc. and Dunn & Curry Real Estate Management, Inc.), are
the owners of 0utlots A, B, and C, Chaparral.
As you know, the Planning Commission is presently entertaining a
proposal to develop these outlots as Chaparral Second Addition.
CMM:jep
Very truly yours,
C'_�' --,),
CRAIG M. MERTZ
BY MESSENGER
CP
c" /
f� FFB1979
RECEIVED
cam' VILLAGE OF r
CH4NHASSEN,
MINN.
,2�`�p2l i i=aI'�
J�oj
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 -January 30 _, 19 79 , 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
Environmental Assessment :in the
City to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes
addressed to all such owners in the United States mails with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such
by the records of the County Treasurer of Carver County, Minnesota, and by other
appropriate records.
Subscribed and sworn to before me
this 3�a c day of01
--
Notary Public
KAREN J. ENGELHARDT
�+ NOTARY PUBLIC - MINNESOTA
�J*F CARVER COUNTY
-f ..•• My Commission Expires Oct. 11. 1W
Std-"e Planning Agency
v
� i l'e�l�J .
Tvirn. Walker, Comm.
Dept. of Agriculture
Rm. 420 . State Office Bldg.
f4, St. Paul, Mn. 55155
State Plarm_irig Agency
Peter VanderPcel, Chairman
kn. 101, Capitol Sq. Bldg.
550 Cedar St.
St. Paul, Mn. 55101
N
Torn Rulland
Mgr, anviron. Mgmt. Programs
Rm. 100, Capitol Sq. Bldg-*
550 Cedar St.
St. Paul, Ma. 55101
James Harrington, Carm..
Dept. of Transp.
Rm. 411, Transportation Bldg
-John Ireland Blvd.
St. p4ul, Mn. 55155
Randy Halvorson
4: Dept:. of Transp.
Rm. 807, Transp. Bldg.
john, Ireland Blvd.
St. Paul, M. 55155
Sandra Gardebring
NETPollution Control. Agency
.1935 W. County Pd. B2
Roseville, Mn. 55113
Clarence Johmines
m pollution Control Agency
r'.1935 W. CO. Rd. B2 -
1:,,R0,,evilje, Mn. 55113
Joe
? __,Dept. of Natural- Resources
-.'3rd Flr. Centennial Bldg.
'1'658 Cedar St.
I -
St. 1?a_ul,. Mri. 55155
Vcnny Hagen
72 Dept. of Na
tural Resources
3rd Flr. Centennial Bldg.
658 Cedar St.
5t. Paul, M. 55155
A.
4o
-
Mary Sullivan
pxa. 100, Capitol Sq. Bldg.
550 Cedar St.
St. Paul, Mn. 55101
Enviroriran tal Renviev Prog.
RM. 100, Capitol Sq. Bldg.
_j 550 Cedar St. ,
� 1-11;101
. 4, -Dni i I Nfn
Mdrley RLItDzr'fOrd
Dept. of Agriculture
Rm. 563 State, Office Bldg.
St. Paul, Mn. 55155
w2u!ren Lawson, Comm.
Dept. of Health
717 Delaware St. S.E.
Ypls. , Mn. 55440
Laura catnnn
Dept. of mith
717 Delaware St. S.E.
mpis., Mn. 55440
John Millbone, Dir.
-Ma. Energy Agency
740 American Center Bldg-
150 E. Kellogg Blvd.
$t. Fipul, M. 55101
KarCole
(�n
.740"Amer:Lcan center
150 E. Kellogg Blvd.
St.:p4ul, Mn. 55101
Bub Ambrose
Gov',. I
-
- ,. P
Rn. 122, State Capitol Bldg.
St. Paul, Mn. 55155
historical Society
Rissell Frindley
LFt. Snelling Branch
Bldg. 25
1 St. Paul, Mn. 55111
s-. of Engrs.
I.iCorp
Dave Parsons
Environmental Reg. Div.
1135 U.S. Post Office
ice
St_ Paul, Mn. 55101
ii 1 Erlvir=r�ental Conserv. Libr.
ii 300 Nicollet Mall
mpls. , Mn. 55401
I la . John . Boland
Metro council
Rn. 300 Metro Sq. Bldg.
7th & Robert Sts ,
Max Shapiro
,Rt. 7 Box 644
�RKc:., Mn. 55331
t-re John8on
7 Box 644
c., Mn. 55331
j UrAen Johnson
832 lm Rd. -
Exc.Mn. 55331
Roy GiG!l',ge
832 E1,n Rd. -
Exc. 55331
Kenneth,tto
Grov I
5707 St.
Edina, .ran.
Don B. Ander!§bn
2851 WashtaL Ny Rd.
Exc. , Dh. 5 51
Fu
Marie J. �'Llyer
1- 7636 SE 34th St.
-
Vercer IA., Was
Torrance
6901 N(iz Perce
Exc. ,.T1. 55331
V.
98040
Vernon J. Kerber
Rb.!4 Box 850
Excl, Mn. 55331
Clygtem Wilson
5r239 Black Friars IzL.
*rtka., Mn. 55343
Richard Poss:Lng
RE. 7 Box 686 -
Exc., Mn. 55331
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
Donald Ashworth
, being first duly sworn, on oath deposes
and says that he is and was on January. 30 , 19 79 , the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said
date he caused to be mailed a copy of the attached notice of hearing on a rezoning,
subdivision, planned unit development and conditional use permit inthe
or�Tew Horizon Homes, nc.
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.
Subscribed and sworn to before me
this day of ,
Notary Public
1L. (' I ���
City Manager
0
c
If
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR REZONING, SUBDIVISION, PLANNED
UNIT DEVELOPMENT, AND CONDITIONAL USE PERMIT FOR NEW HORIZON
HOMES, INC., CHANHASSEN, MINNESOTA.
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Chanhassen will hold a public hearing on Wednesday, the 14th day of
February, 1979 at 7:45 p.m. at the City Hall, 7610 Laredo Drive for
the purposes of considering the rezoning from R-1A, Agricultural
Residence District to P-1, Planned Residential Development, subdivision,
preliminary development plan, and conditional use permit for the following
described tract of land:
Chaparral Outlots B and C
A plan showing the subject development is available for
inspection at City Hall.
All interested persons should appear and be heard at said time
and place.
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel, Ass't. Mgr./Planner
(Published in the Carver Co. Herald on January 31, 1979)
iiiAler George & Sybi1 P. Chan 3 A I max niiaYLry
Hibbard;' 4940 Viking Dr. Suite 608 7 Box 644
UV2 `trand Ave. S. Edina, Mn. ` mac., Mn. 55331
Richfield, Ma
Fit
t
Hansen & Kingelhutz Jerre Johnson
f
516 Del Rio Dr. Rt. 7 Box 644
tiI Chanhassen, Nhi.. 55318 Exc., Mn. 55331
� . #
Jeffrey Kleiner -
--� Jrgen Johnson
7000 Carver Beach Rd. 832 Elm Rd.
Excelsior, Mn. 55331 Exc., Mn. 55331
Bruce Lantz--- Joe `Alexander
� Ray Giese
}_ 7030 Carver Beach W. -41-1 Dept. of Natural Resources 832 Elm Rd.
Excelsior, Mn. 55331 `. 3rd Flr. Centennial Bldg - I Exc., mm. 55331 �•
,# .658 Cedar St.
, St. paaul, Mn.. 55155
Austin H. Lange Keineth. Lantto
5512 Merritt Circle .j 5707 Grove St.
Mpls. , Mn. Edina, NYm.
w
1
Hibbert M. Hill Don B. Anderson r,
7075 Carver Beach. Rd. ryv, Jy ;a, 2851 Washta Bay Rd.
Excelsior, Mn. 55331
Exc. , N1n. 55331
{{g1,:..... L'ds+d�tiec ~'-.�=•a�8s.,....-.s'wta�4. " l:k.�ik'eh>M1i 6 _ _.
Keith South ' Marie, J. Hilyer
7025 Carver Beach. Rd. 7636 SE 34th St.
Excelsior, Mn. 55331 g Mercer Isl., Washington
98040
Arnold Chullk
- a
T J _; Richard Torrance
7035 Carver Beach Rd. "� - 6901 NIez Perce
Excelsior, Mn. 55331 Exc. , Mn. 55331
Jerry L. Pope r; " ` y' Vernon J. Kerber
t 7055 Carver Beach Rd. •rF Rt.. 4 Bax 850
Exc. , Mn. 55331 � , t ,y a
�� f Exc., Mn. 55331
.a
`t Du`7n. & Curry " . •.. �� �A s �' � � � '�� 'Y � �� ! C3-ysteM Wilsc�i�
4940 Viking Dr. Suite 608 t, a' � N ,y �� � 5239 Black Friars Ln.
Edina Mn.� Mfka. • Mn. 55343
,__ Richard Rassa�ng
' � ::�' • � � ' ��„�•'`° `��"�'�' � ' K� �' "'� ��'�' �?`�` � � �� Rt. 7 Box 686
Exc., Mn. 55331
J� '{° � .ii; ry^l. �' a;,r y�ry4,` . ' `�.g !{'� i.'t ^i►% - �{t' r " . °4' 'Ai'
:, a a _A
CITY OF
7610 LAREDO DRIVE®P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
January 26, 1979
Mr. Peter Vanderpoel, Chairman (EQB)
State Planning Agency
Room 101 Capital Square Building
550 Cedar Street
St. Paul, MN 55101
Dear Mr. Vande rpoel:
On behalf of the City of Chanhassen, I am submitting for your
review and process, the environmental assessment for the Chaparral
residential development proposed in Chanhassen. Accompanying this
environmental assessment, is the environmental .findings summary
with my signature affixed, and a supplementary copy of the planning
report of January 22, 19 79,' outlining.recommended corrections to the
work sheet prepared by Howard Dahlgren Associates, Inc.
Should you have any questions or comments regarding this work. sheet,
please do not hesitate'to contact me.
Sincere%l�y,
Bob Waibel _
Assistant City Manager%Planner
BW:k
enclosure
Section 4. Findings
This project is a private action. Responsible agency, after
consideration of the information in this EAR, and factors in
Nlinnesota Regulation 11EQC 25, make the following findings.
1. The project is not.a major action.
We find that the ]vocal infrastructure systems are adequate to handle
the proposed action. It is similar in nature in what had been planned
for land use for the area.
2. The project does not have the potential for significant
environmental factors. The planning process within
Chanhassen requires the applicants to receive plan
approval from the local watershed district before final
plan approval. It has been demonstrated in Chanhassen
that urbanization can occur without significant environmental
effects, and that the proposed development can likewise
be accommodated.
3. The project is.not of more than local.significance.
As stated in the environmental assessment work sheet, the project
is located entirely within the boundaries of the City of Chanhassen,
and the effects on the environment and support services effect the
local community in: - an area within close proximity to the project.
Conclusions and Certifications
a. I, the undersigned, am the authorized representative of
the responsible agency identified below. Based on the
above findings, I make the following conclusions.
Negative Declaration Notice
No EIS is needed on this project, because the project is not a major
action, does not have the _potential for significant environmental effects,
and the project is not of more than local significance.
Assistant City Manager/Planner
Dated: January 25, 1979
►^W
7610 LAREDO DRIVEsP.O BOX 147®CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: January 22, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner, Bob Waibel
SUBJ: Chapparal Outlot B & C/Preliminary Development Plan Review
APPLICANT: New Horizon Homes, Inc.
PLANNING CASE: P-5 80
,f
Included with this report, is::.the"environmental assessment. as
prepared for New Horizon Homes by Howard.Dahlgren Associates
concerning the subject plan. -.'In the next few days, this office
will finalize its "conclusion's of the environmental assessment
and submit a positive or negative declaration to the State .__
Environmental Quality Board. The following are comments derived
from preliminary review of attached environmental assessment.
On page 3 it is indicat:ea that the development will start in the
Northwest corner and. -progress to the South and East as time goes
on., I believe that.,:this being the case, the City should prepare
a position that plan.amendments that would later increase proposed
densities as construction proceeds would'<not be considered since
the. be in`=the -areas of proposed higher
densities
The daily trip"generation stated in Section 2C, .,Subsection 2,
of 1915 vehicular trips- averaged daily is somewhat. questionable.
The present. standard utilized:` in., Chanhassen -for single family
dwelings, is 10 trips per day... Needless to say, this .figure -is
somewhat nebulous, however,.i.t is -conservatively close.to the
actual number of trips generated. A lesser figure could be applied
to the multiple units due to the makeup of the traditional households
characteristic -of multiple dwellings and their subsequent lesser
impact per unit of trip generation. I would estimate that .the
trips per day figure for the proposed development. would be in the
neighborhood of 2200-3000 trips per day. I also. believe that
the new construction of MSAS 101 and County Rd. 17 should be
sufficient to handle this expected. volume.
Section G, Subsection 1 on page 13 states that no portion of the
site is currently in use for agricultural or forest production.
PLANNING REPORT -2-- January 22,. 1979
Fror:i my observation. of the parcel, it was apparent that the area
was in agricultural production during this previous year albeit
that the coming year will have the entire property under excavation
for urbanization and that this action in my estimation is not
significant to the environmental assessment, this statement will be
amended before submission to the Environmental Quality Board. .
Section I, Subsection 1 on page 14 indicates that the proposal
includes dedication of additional right-of-ways'for Highway 17
It had been suggested in previous planning reports that greater
setbacks be utilized along County Rd. 17 and 14SAS 101 to allow
for any noise abatement improvement such as berms. Presently it
is not clear as to if and how this is affected by the aforementioned
additional right-of-ways, and it would be appropriate at this time
if the applicant explained the reasons and extent of and for this
additional right-of-way. -
in one of the previous planning reports, a sidewalk scheme had been
recommended. Since then the. sidewalk system has been reassessed
and it is presently recommended that sidewalk be required only along
.the South and West side of MSAS 101 to the Southern reaches of the
New Horizon Development. Additionally, it is recommended that a
bike path be constructed along the North and East side of MSAS 101
to the Southern extent of. the New Horizon properties for. separation
between cycle traffic and pedestrian traffic. These facilities are
recommended as a requirement of the development, however, it should be
contingent upon the committment by the'City for a phased completion
of the system to the intersection of 14SAS 101 and West_78th St.
Since the proposal 'at hand is of a considerable density, it is
recommended that the streets within the development be constructed
with a 36 foot roadway with surmountable concrete curb and gutter.
At the recommendation of Staff, there has been a letter of petition
delivered to the City offices -for the vacation of Dogwood Avenue .
which forms the Northeastern boundary of the subject property. The
dedication of Dogwood Avenue would in effect create a double frontage
situation on the Northeastern most.lots with no benefits realized.
Although it is not required by ordinance, I would request that the
applicant furnish.the Planning Commission with sample covenance
and restrictions that would be used in the establishment of the
proposed plan.`
in considering the applicant's timetable, it would be in their-
interest
to proceed with preparation of preliminary utility, grading, and
drainage plans. These plans will need to be studied at length by.Staff
and also the Riley Purgatory Creek Watershed District before any
construction can occur. I strongly recornmend that the preliminary
and final grading plan be additionally reviewed by the Park and Recreati.oi
Committee for their concerns on the active play, and trail areas. .
,PLANNING REPORT -3- January 22, 1979
Planner's Recommendation
I recommend that the Planning Commission order a public hearing
for February 14, 1979 on the condition that the applicant on or
before January 291" 1979 submit to the City offices an escrow in
the amount of $2,OOO to defray Staff costs in processing this.
application, and an abstractors certificate indicating the property
owners within 350 feet of the subject property.
r 417M
Dunn & Curry
Real Estate Management Inc.
4940 Viking Drive
Pentagon Ogee Park
Minneapolis, MN 55435
(612) 835-2808
January 24, 1979
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Attention: Bob Waibel, Assistant City Planner
Re: Vacation of Dogwood Road - Phase II Chaparral.
Dear Bob:
This is to advise you that we approve of the vacation of
Dogwood Road as requested in connection with the develop-
ment approval for Phase II of the Chaparral Addition.
Cordially,
Edmund B. Dunn
Chan 334
EBD:sr
! JAN 1979
►CtVE„D
Mum
t�s�� r 9�2
CITY 5F
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: January 22, 1979
TO: Planning Commission and Staff
FROM: Assistant City Manager/Planner, Bob Waibel
SUBJ: Chapparal Outlot B & C/Preliminary Development Plan Review
APPLICANT: New Horizon Homes, Inc.
PLANNING CASE: P-580
Included with this report, is the environmental assessment as
prepared for New Horizon Homes by Howard Dahlgren Associates
concerning the subject plan. In the next few days, this office
will finalize its conclusions of the environmental assessment
and submit a positive or negative declaration to the State _._
Environmental Quality Board. The following are comments derived
from preliminary review of attached environmental assessment.
On page 3 it is indicated that the development will start in the
Northwest corner and progress to the South and East as time goes
on. I believe that this being the case, the City should prepare
a position that plan amendments that would later increase proposed
densities as construction proceeds would not be considered since
the initial construction is to be in the areas of proposed higher
densities.
The daily trip generation stated in Section 2C, Subsection 2,
of 1915 vehicular trips averaged daily is somewhat questionable.
The present standard utilized in Chanhassen for single family
dwelings, is 10 trips per day. Needless to say, this figure is
somewhat nebulous, however, it is conservatively close to the
actual number of trips generated. A lesser figure could be applied
to the multiple units due to the makeup of the traditional households
characteristic of multiple dwellings and their subsequent lesser
impact per unit of trip generation. I would estimate that the
trips per day figure for the proposed development would be in the
neighborhood of 2200-3000 trips per day. I also believe that
the new construction of MSAS 101 and County Rd. 17 should be
sufficient to handle this expected volume.
Section G, Subsection 1 on page 13 states that no portion of the
site is currently in use for agricultural or forest production.
PLANNING REPORT
-2-
January 22 ,. .19 79
From my observation of the parcel, it was apparent that the area
was in agricultural production during this previous year albeit
that the coming year will have the entire property under excavation
for urbanization and that this action in my estimation is not
significant to the environmental assessment, this statement will be
amended before submission to the Environmental Quality Board.
Section I, Subsection 1 on page 14 indicates that the proposal
includes dedication of additional right-of-ways for Highway 17
It had been suggested in previous planning reports that greater
setbacks be utilized along County Rd. 17 and MSAS 101 to allow
for any noise abatement improvement such as berms. Presently it
is not clear as to if and how this is affected by the aforementioned
additional right-of-ways, and it would be appropriate at this time
if the applicant explained the reasons and extent of and for this
additional right-of-way.
In one of the previous planning reports, a sidewalk scheme had been
recommended. Since then the sidewalk system has been reassessed
and it is presently recommended that sidewalk be required only along
the South and West side of MSAS 101 to the Southern reaches of the
New Horizon Development. Additionally, it is recommended that a
bike path be constructed along the North and East side of MSAS 101
to the Southern extent of the New Horizon properties for separation
between cycle traffic and pedestrian traffic. These facilities are
recommended as a requirement of the development, however, it should be
contingent upon the committment by the City for a phased completion
of the system to the intersection of MSAS 101 and West 78th St.
Since the proposal at hand is of a considerable density, it is
recommended that the streets within the development be constructed
with a 36 foot roadway with surmountable concrete curb and gutter.
At the recommendation of Staff, there has been a letter of petition
delivered to the City offices for the vacation of Dogwood Avenue
which forms the Northeastern boundary of the subject property. The
dedication of Dogwood Avenue would in effect create a double frontage
situation on the Northeastern most lots with no benefits realized.
Although it is not required by ordinance, I would request that the
applicant furnish the Planning Commission with sample covenance
and restrictions that would be used in the establishment of the
proposed plan.
In considering the applicant's timetable, it would be in their interest
to proceed with preparation of preliminary utility, grading, and
drainage plans. These plans will need to be studied at length by Staff
and also the Riley Purgatory Creek Watershed District before any
construction can occur. I strongly recommend that the preliminary
and final grading plan be additionally reviewed by the Park and Recreation
Committee for their concerns on the active play, and trail areas.
PLANNING REPORT -3- January 22, 1979
Planner's Recommendation
I recommend that the Planning Commission order a public hearing
for February 14, 1979 on the condition that the applicant on or
before January 29, 1979 submit to the City offices an escrow in
the amount of $2,000 to defray Staff costs in processing this
application, and an abstractors certificate indicating the property
owners within 350 feet of the subject property.
HOWARD DAHLGREN ASSOCIATES
INCORPORATED
CONSULTING PLANNERS
ONE GROVE LAN D TEF? RACE
MINNEAPOLIS, MINNESOTA 55403
612- 377 -3536
19 January 1979
Mr. Walter Hobbs, Mayor and Members of the City Council
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Dear Mayor Hobbs and Members of the Council:
The purpose of this letter is to request your consideration of the
vacation of Dogwood Road.north of Outlot C of the Chaparral Addition.
Enclosed for your use is an Abstract Certificate of property
ownership adjacent to Dogwood Road.
Our findings with respect to Dogwood Road are consistent with the
findings of the Development Guide for the Carver Beach Neighborhood
which was prepared in April 1974, by the Chanhassen Planning
Commission, with help from property owners, residents, and Design
Planning Associates, Inc. That is, we are convinced that Dogwood
Road was designed to service an obsolete plat, is too narrow, and
its intersections with the other platted streets in Carver Beach
are improper by modern standards. In reviewing the circulation
concept which was suggested in the Development Guide, we have noted
that either Dogwood Road or Elm Road just north of it should be
up -graded to function as a collector street. In our opinion, Elm
Road is the better alternate because it eliminates both the need
for another access onto MSAH 101 and the double frontage lot
situation on the north edge of Outlot C.
In discussing the matter with Craig Mertz, your Assistant City
Attorney, we learned that the City Council can initiate the vacation
of a platted street and that the matter requires four readings (as
opposed to three readings if the vacation is requested by a petition
of a majority of the adjacent property owners). In the interest of
expedience, we would prefer to simply request that you consider the
vacation, to avoid the obvious difficulty of getting the signatures
which would be required for the petition. The property owners will,
of course, be notified of the vacation and four readinas certainly
allows sufficient time to insure that they have ample opportunity to
attend the meetings, to ask questions, or state their opposition.
Mr. Walter Hobbs, Mayor and Members of the City Council
19 January 1979 Page Two
If this request requires any additional information or submissions
on our part, please advise us and we will respond immediately. If
not, please begin considering this matter as soon as possible since
we intend to seek Preliminary Development Plan Approval at the
Planning Commission's 14 February meeting.
Sincerely,
HOWARD DAHHL`GREN ASSOCIATES, INC.
n W. Shardlow
enclosures
cc: Mr. Robert Burger
New Horizon Homes, Inc.
VIA km
PR
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L& . r
i
�b
Y6 7610 LAREDO DRIVEc1P.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
January 4, 1979
Metropolitan Council
Mr. John Boland, Chairman
300 Metro Square Building
7th Street and Roberts Street
St. Paul, MN 55101
Dear Mr . -Boland :
In regards to your letter of December 26, 1978, referring to
letters dated November 29 and November 6, 1978, attached please
find a copy of a response sent by this office to the Waste
Control Commission and Metropolitan Council. In summation, it
was my understanding that the City of Chanhassen had compl.ied'with
all of the requests of both the Waste Control Co=- i.ssion and
Metropolitan Council in regards to the various issues presented
in those letters.. As such, the letters of -.November 6 and
November 29._�are surprising -and I have asked members of your
staff and Waste Control Commission to establish a meeting
date during the week of January 8th where each of these issues
could be discussed in further detail.
At this point I believe there is.a general misunderstanding as
to "what has been provided/needed to be provided" rather than
"failure to provide". As I'believe the above mentioned
meeting between the City and ZTaste Control/Metropolitan Council
representatives will resolve these issues.
Thank you for your consideration.
Sincerely -
Don Ashworth
City Manager _.
cc: New Horizon Homes, Inc.
Tom Fenney, Director, HUD
Pay Odde, 1*1CC
John Doyle, Metropolitan Council
Karl Burandt, Metropolitan Council
Mayor Walt Hobbs, City of Chanhassen
Julius Smith, Dunn and Curry
Attach.
1111
Metropolitan Council
r.A 300 Metro Square Building
Seventh Street and Robert Street
Saint Paul, Minnesota 55101
Telephone (612) 291-6453
f4 Office of the Chairman
i 1�``•^ n
1
i
9
December 26, 1978
The Honorable Walter Hobbs
Mayor of the City of Chanhassen
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Dear Mayor Hobbs:
The Metropolitan Council recently received a U.S. Department of Housing and
Urban Development, A-95 review for the New Horizon Homes, Inc., proposed
Chaparral subdivision in Chanhassen. As part of the A-95 review, the Council
requests the Waste Control Commission to review the proposed development and
comment on it to the Council. The attached Commission response dated November
29, 1978, refers to a letter dated November 6, 1978, sent to Mr. Donald W.
Ashworth, regarding the proposed Chaparral subdivision. In summary, the
Commission response states that the Chaparral subdivision proposal approval is
being withheld until an Interim Comprehensive Sewer Plan on the Comprehensive
Plan of Chanhassen as described in the Land Planning Act, is approved by the
Council and Commission.
If Chanhassen wishes to have this development proceed with sewer service and
U.S. Department of HUD approval, the City should submit one of the plans
described above. The Council and Commission staff are available to answer
questions or to provide information as to what the interim plan should contain
if your staff has any question. They may call Karl Burandt of our staff at
291-6404 for such a meeting or for information.
Sincerely,
enBo and, Ca4
Chairman
cc: New Horizon Homes, Inc.
Donald W. Ashworth, Chanhassen City Manager
Tom Fenney, Director, HUD
Ray Odde, MWCC
John Doyle, Metropolitan Council
Karl Burandt, Metropolitan Council
WIF DEC 1973
: CEIVEi)
Kt�
Ql ANWASSEN,
JB/cjd
Attach.
1
December 6, 1978
Schoell and Madson
Attn: Mr. Bill Brezinsky
50 Ninth Ave. South
Hopkins, MN 55343
Dear Bill:
Enclosed please find a letter to Mr. Patterson of Suburban Engineering
regarding Phases II and III of the New Horizon Homes development.
You will note that I have requested them to submit a letter of
assurance that the intensity of run off from the New Horizon development
will not exceed that level of run off that presently exists. As
the city's consulting engineer for this project, I am additionally
requesting that you submit a similar letter of assurance. I will
assume that you will request .any or all information from Suburban
Engineering and carry out what ever validity checks are necessary
to provide the city with this letter of assurance.
Should you have any questions, please feel free to contact me.
Sincere x,
Don Ashworth
City Manager
DA:k
cc; ,,Russ' Larson, City AttQ;rney•
'r "r. patters:on, ,$uburbe(n Engx..
REGULAR PARK AND RECREATION COMMISSION MEETING DECEMBER 5, 1978
.Chairman Joe Betz called the meeting to order at 7:40 p.m. Members
present: Shirley Chellis, Pat Boyle, and Phyllis Pope.
Amendments to the November minutes:
Paragraph 4 should read:
Phyllis Pope made a motion to accept New Horizon Homes Chaparral
Addition Phase II for a future park as shown on the site plan -which
was reviewed by the Park and Recreation Commission on November 14,
1978, and the Commission recommended the park fee requirement in
Ordinance 14A be accepted in Phase I as previously presented by
Dunn.and Curry.
The minutes should include the attached comments of the City Manager,
Don Ashworth, about the acquisition of a park at the north end of _
Lotus Lake.
The October minutes should be amended with the following statement:
,A public hearing was held to discuss amending Park Ordinance 14A
to include industrial/office and commercial development. Dunn and
Curry were represented by Rod Hardy, Julius Smith, and Stelios
Aslanidis. f
Pat Boyle moved the minutes be accepted as amended. Phyllis Pope
seconded. Motion passed.
The commission held a review of the amendment to Ordinance 14A.
Phyllis Pope moved to accept the revised amendment to Ordinance 14A.
' Motion seconded by Pat Boyle and unanimously approved.
;City Manager, Don Ashworth, reviewed the five year Capital Improvement
Budget with the commission.
Chairman, Joe Betz called a special meeting of the commission for
'Monday, December 11, 1978, to do a final review of the ordinance
revision and to adopt the 1979 Capital Budget.
Phyllis Pope and Joe Betz accepted another appointment to.the Park
and Recreation -Commission.
Shirley Chellis moved to adjourn. Motion seconded by Phyllis Pope
and unanimously approved. Meeting adjourned at 10:15 p.m.
Respectfully submitted,
Francis Callahan
Community Services Director
F=
METROPO iTAn
WA/TE
COt1TROL
COfT'mifflOn
Uri, Cites are,
November 29, 1978
Mr. John Boland, Chairman
Metropolitan Council
300 Metro Square Building
St. Paul, MN 55101
Re: Metropolitan Council Referral File No. 6458
Dear Mr. Boland:
R
The Metropolitan Waste Control Commission acknowledges the receipt
of the.feasibility analysis for the Chaparral subdivision in the
City of Chanhassen. Attached is a copy of the letter directed to
the City on November 6, 1978, indicating the need for their exist-
ing comprehensive sewer plan to be updated.
Presently, approval for the Chaparral sanitary sewer extension is
being withheld until it and the other issues listed in the attached
letter are addressed.
We appreciate the opportunity to comment on this feasibility analysis.
Very truly ours ,
LC, Gnerreuy Chief Adrr'nistrator
ACG:RJP:hw
Attachment
cc: City of Chanhassen
350 METROIOURRE BLDG.
7TH & ROBERTITR6ET!
imnT PAUL fin 55101
612,222.8423
n
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on this -I/ day
I97;•by NEW HORIZON HOMES, INC. (hereinafter
the "Declarant");
WITNESSETH THAT:
of lee, 4,
referred to as
WHEREAS, Declarant is the.owner of the real property
described on Exhibit A attached hereto and by this reference
incorporated herein for all purposes, and desires to create
thereon a residential community for the pleasure, recreation
and -general benefit of the residents of said community; and,
WHEREAS, Declarant desires to provide for the preserva-
,tion of the values and amenities in said community and to
.this end desires to subject the real property described on
Exhibit A, together with such additions as may hereafter be
made thereto, as provided in Article II, to the covenants,
restrictions, easements, charges and liens hereinafter set
forth, each and all of which is and are for the benefit of
said real property and each owner thereof; and,
WHEREAS, Declarant has deemed it desirable for the
pleasure and recreation of said community and for the efficient
preservation of the values and.amenities in said community
to .Create an agency to.receive the power to attend to and
;'effectuate policies and programs that, will enhance the
-pleasure and value of said community, and maintain, ad-
minister and enforce the covenants and restrictions and
collect and disburse the assessments and charges hereinafter
created; and,
WHEREAS, Declarant has incorporated, under the laws of
the State of Minnesota, the Cavell. Home Owners Association
for the.purpose.of exercising the functions as aforesaid;
NOW, THEREFORE, in consideration of the premises the
Declarant hereby declares that the real property described
on Exhibit A and such additions thereto as may hereafter be
made pursuant to Article II hereof is, and shall be held,
transferred, sold, conveyed and occupied subject co the
conditions, restrictions, easements, charges and liens
hereinafter set forth, which covenants and restrictions
shall run with the real property described on Exhibit A and
Any -additional property annexed thereto pursuant to the
provisions set forth in Article II, and be binding on all
.parties having any right, title or interest in the herein-
after described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of
each owner thereof.
ARTICLE I
Definitions
Section 1
1. Definitions. The following words, when used in
this Declaration, shall have the following meanings:
1.1 "Association" shall mean and refer to Cavell
Home.Owners Association, a nonprofit corporation or-
ganized and existing under the laws of the State of
Minnesota, its successors and assigns.
1.2 "Declarant" shall, mean and refer to New
Horizon Homes,, Inc. and its successors or assigns. if
such successors or assigns should acquire more than one
undeveloped Lot from New Horizon Homes, Inc. for the
purpose of development.
1.3 "Developer" shall mean and refer to the
Declarant, and its successors.or assigns if such
successors or assigns should acquire more than
one undeveloped Lot from the Declarant for'the purpose
of development.
1.4 "Living Unit" shall mean and refer to a
residential housing unit consisting of a group of rooms
and hallways and attached garage which are designed and
intended for use as living quarters for one family and
located or to be located upon one Lot.,
1.5. "Lot" shall mean and refer to any tract or
parcel of land designated as a Lot shown upon any
recorded plat or subdivision map of the Property with
the exception of any tracts or parcels designated as
outlots.
1.6 "Member" shall mean and refer to every person
Pr entity who is a record owner of a fee or undivided
fee simple interest in any Lot which is subject by
covenants of record to assessment by the Association,
including, but not limited to, contract vendors.
1.7 "Mortgage" shall mean and refer to any
mortgage or other security instrument by which a Lot,
or any part thereof, or any structure thereon, is
encumbered.
I.8 "Mortgagee" shall mean any person or entity
named as the mortgagee under any Mortgage, or any
successors or assigns to the interest of such 1:erson or
entity under a Mortgage.
1.9 "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a
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fee simple title
but excluding
security for
any
the
to any Lot, including contract sellers,
person having such interest merely as
performance of an obligation_
1.10 "Private Common Driveway" shall mean and
refer to access driveways from public streets to the
Living Units.
1.11 "Private Yard Area" shall mean and refer to
that portion of a Lot not covered by 'a Living Unit or
by a Private Common Driveway.
1.12 "Property" shall mean and refer to all the
real property subject to this Declaration, all of which
is more fully described on Exhibit A attached hereto
and by this reference incorporated herein for all
purposes, and all additional real property made subject
to.this Declaration in accordance with the provisions
of.Article II.
ARTICLE II
Additional Property- Subject to this Declaration
2.1 Additions co ExistingProperty. Additional real
property may become subject to this Declaration in the
following.manner:
(a) Additions in Accordance with General Plan of
Development.The Developer, its successors and assigns,
shall have the right, without the consent of the
Members to bring within the scheme of this Declaration
.the.additional real property described on Exhibit B
attached hereto and by this reference incorporated
herein for all purposes, in future stages of develop-
ment by December 31, 1979; provided, however, that the
Federal Housing Administration and the Veteran's
Administration shall have,the right to veto any such
future additions in the event that either of such
agencies determines that any such future addition is
not in accordance with the general plan of development
heretofore approved by each of them.
(b) Additions Authorized by Members. Additional
residential property may become subject to this Declara-
tion upon approval of two-thirds (2/3) of the Members
of each class of Association Members.
2.2 Manner of Annexation. Additions authorized under
this Article sha11 be made by filing a Supplementary Declaration
of Covenants, Conditions and Restrictions with respect to
the additional property and, after such filing, such additional
property shall be subject to the covenants and restrictions
of this"Declaration. Such Supplementary Declaration shall
contain such complementary additions and modifications of
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the covenants and restrictions contained in this Declaration
as may be necessary.to reflect the different character, if
any, of the added properties and shall not be inconsistent
with the scheme of this Declaration. In no event, however,
shall such Supplementary Declaration revoke, modify or add
to the covenants established by this Declaration within the
.existing property.
ARTICLE III
Membership and Voting Rights in the Association
3.1 Membership. Every person or entity who is a
record owner of a fee or undivided fee simple interest in
any Lot which is subject by covenants of record to assess-
ment by the Association, including, but not limited to,
contract vendors, shall be a member of the :association_ The
foregoing is intended to exclude persons or entities who
hold an interest merely as a security for the performance of
an obligation until such time such person acquires a fee
simple interest in such Lot by foreclosure or by any pro-
ceeding in lieu thereof. Membership shall be appurtenant to
and may not be separated from the ownership of any Lot which
is subject to assessment by the Association. Ownership of
such Lot shall be the sole qualification for membership.
3.2 Voting Rights. The Association shall not have nor
shall it issue any capital stock and may only have two (2)
classes.of voting membership:
(a) Class A. Class A members shall be all those
Owners aa defined in Section 1.9, with the exception of
the Declarant. Each Class A member shall be entitled
to one (1) vote for each Lot in which he holds the
interest required for membership by Section 3.1. When
more than one person holds such interest in any Lot,
all such persons shall be Members. The vote for such
Lot shall be exercised as they, among themselves shall
determine, but in no event shall more than one (1) vote
be case with respect to any Lot.
(b) Class B. The Declarant shall be the sole
Class B member and shall be entitled to three (3) votes
for each Lot owned. Class B membership shall cease and
be converted to Class A membership upon the occurrence
of the first of the following events:
(i) when the total number of votes out-
standing in the Class A membership equals or exceeds
the total number of votes outstanding in the Class B
membership; or,•
(ii) on December 31, 1979_
3.3 Suspension of Voting Riqhts. The right of any
Member to vote and the right of any :Member, his family or
guests to use any recreational facilities that may be
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acquired by the Association shall be suspended during any
period in which such Member shall be in default in the
payment of any assessment levied by the Association. Such
rights may also be suspended, after notice and hearing, for
a'period not to exceed sixty (60) days for any infraction of
any rules or regulations published by -the Association.
ARTICLE IV
Covenants for Maintenance Assessments
4.1.,Creation of Lien and Personal Obligation of
Assessments. The Declarant, for each Lot owned within the
Property,.hereby covenants, and each Owner of any -Lot by
:acceptance -of a. deed therefor, whether or not'it shall be so
expressed in any such Deed or other conveyance, shall be and
he is.deemed to covenant and agree to pay to the Associa-
tion:
..(a).general annual assessments or charges, and.,
(b) special assessments for capital improvements,
such assessments to be established and collected from time
to time as hereinafter provided. The general annual and
special assessments; together with such interest thereon and
costs of,collection thereof as hereinafter provided, shall
be a. charge on each such Lot and shall be a continuing lien
on each such -Lot against which each such assessment is made.
_'Each,such assessment, together with such interest thereon
and all costs of -collection thereof, as hereinafter provided,
shall also be the personal obligation of each person who was
the.Owner of each such Lot at the time when the assessment
fell due. The personal obligation for delinquent Assess-
ments shall not pass to such Owner's successors in title
unless expressly assumed by them. All such assessments
shall be fixed, established and collected from time to time
'in the manner provided in this Article.
4'.2 Purpose of Assessments. The assessments levied by
the Association shall be used exclusively for the purposes
of promoting the pleasure, health, safety and welfare of the
residents of -the Property and, in particular, for the
maintenance of the Property, services and facilities devoted
to this purpose and related to the use and enjoyment of the
improvements erected upon each Lot.
4.3 Maximum Annual Assessments. The amount of the
maximum annual assessments shall be determined by the Board
of Directors as hereinafter provided but subject, however,
to the following restrictions:
(a) Until January l of the year immediately following
the conveyance of the first Lot by the Developer
to an Owner.. the maximum annual general assessment
shall be $264 per lot.
(b) From and after January 1 of the year immediately
following the year of the conveyance of the first
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Lot by the Developer to an Owner, the maximum
annual general assessment may not be increased
each year more than 5% above the maximum annual
general assessment for the previous year without
a vote of the membership.
(c) The maximum annual general assessment may be
increased above such 5% amount by vote of two-thirds
(2/3) of each class of members who are voting in
person.or by proxy at a meeting duly called for
such purpose.
(d) The Board of Directors of the Association may, after
consideration of -the current assessment costs and
future needs of the Association, fix the actual
assessment for any year at any lesser amount.
4.4 Special Assessments for Capital improvements. In
addition to the general annual assessments authorized by
Section 4.3, the Association may levy, in any assessment
.year, a special assessment applicable to that year only for
the purpose of defraying in whole or in part the cost of any
construction or reconstruction, unexpected repair or replace-
ment of a capital improvement; provided, however, that any
such assessment shall require the assent of two-thirds (2/3)
of the votes of each class of Members who are voting in
person or by proxy at a meeting duly called for this purpose.
4.5 Notice of Meetings. written notice of any meeting
.called for the purpose of taking any action authorized under
Section 4.3 or 4.4 shall be sent to all Members, and to any
mortgagee who shall request such notice in writing, no less
than thirty (30) days nor more than sixty (60) days in
advance of such meeting. At the first such meeting called,
.the presence of Members or of proxies entitled to cast sixty
(60%).percent of all votes shall constitute a quorum. if
the required quorum is not present, another 'meeting may be
called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No
such subsequent meeting shall be held later than sixty (60)
days following the preceding meeting.
4.6 Uniform Rate of Assessment. Both general annual
and special assessments must be fixed at a uniform rate for
all Lots; provided, however, that any Lots owned by the
Developer shall be assessed an amount equal to one-fourth
.(1/4) of the amount assessed against Lots owned by persons
other than the Developer; provided, further, that notwith-
standing anything set forth in the preceding clause to the
contrary, a Lot owned by the Developer shall be assessed on
the same basis as a Lot owned by any person other than the
Developer from and after the time that a building constructed
upon such Lot is (a) used by the Developer as a model for
regular public inspection, (b) finally inspected by the
United States Department of Housing and Urban Development or
Federal Housing Administration, or (c) occupied by a tenant
of the Developer as a residential dwelling.
4.7 Date of Commencement of Annual Assessments; Due Dates.
The annual assessments provided for herein shall commence as
to all Lots on the first day of the calendar month following
the conveyance of a Lot to an Owner. In addition, in the
event that additional properties are subsequently brought
within the scope of this Declaration pursuant to Article II,
annual assessments shall commence as to all Lots within such
additional properties on the first day of the calendar month
following the conveyance of the first Lot therein by the
Developer to an, Owner. In the event that the annual assess-
ments, with respect:to any Lot, shall commence during any
calendar year on any day other than January 1, the amount of
such assessments payable for such year shall be that pro-
portion of -the full amount applicable to the entire calendar
year, which the number of remaining full calendar months in
such year bears to the number twelve. All assessments, both
general and special may be collected on a monthly, or other
periodic basis, and with such due dates as the Board of
Directors may determine and establish.
4.8 Duties of the Board of Directors. The Board of
Directors of the Association shall fix the date of commence-
ment, and -the amount of the assessment against each Lot for
:each annual assessment period at least thirty (30) days in
advance of such date of commencement of such period and
shall.at that time prepare a roll of the properties and
assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by
any Owner. Written notice of every assessment shall thereafter
be sent to each Owner subject to such assessments. The
Association shall, upon demand and upon the payment of a
..reasonable charge, furnish a written certificate signed by
an officer of the Association setting forth whether or not
assessments upon particular Lots have been paid. Such
certificate shall be conclusive evidence of payment of any
assessments therein stated to have been paid.
4.9 Effect of Nonpayment of Assessment;. the Personal
obligation of the Owner; the Lien; Remedies of Association.
(a) Ii any assessment is not paid on the date
when due then such assessment shall become delinquent
and shall, together with such interest thereon and
costs of collection thereof, as hereinafter provided,
thereupon become a continuting lien on such Lot or Lots
which shall bind such Lot or Lots in the hands of the
then Owner, his heirs, devisees, personal representa-
tives and assigns. The personal obligation of the then
Owner to pay such assessment, however, shall remain his
personal obligation and shall not pass to his successors
in title unless expressly assumed by them. Such lien
shall run in favor of the Association and shall be
superior to all other liens and encumbrances on such
Lot except for the following:
(i) Liens for general real estate taxes and
special assessments levied by any governmental
authority; and,
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(ii) the lien of any first mortgage as
provided in Section 4.11 hereof.
(b) All other lienors acquiring liens on any Lot
after this Declaration shall have been recorded and
whose liens shall also have been recorded, shall be
deemed to consent that their liens shall be and remain
inferior to future liens provided for herein whether or
not such consent has been expressed in the instruments
creating their liens.
.. (c) To evidence a lien for sums assessed pursuant
to this Article, the Association may prepare a written
notice of lien setting forth the amount of the assess-
ment, the date due, the amount remaining unpaid, the
name of the Owner of the Lot and a description of the
Lot and file or record the same, but such notice of
lien shall not be recorded until such assessment has
been wholly or partially unpaid for at least thirty
(30).days from the due date. Such lien may be enforced
and foreclosed either by Judicial foreclosure by the
Association in the same manner in which mortgages on
real property may be foreclosed in Minnesota'or by
foreclosing the lien in the manner prescribed by
Minnesota Statutes for the foreclosure of a mechanic`s
lien. Each Owner, by acceptance of. a deed for any Lot,
does further hereby give full and complete power of
sale to the Association and does consent to a foreclosure
of the assessment lien by advertisement. In the event
of any such foreclosure, and in the further event that
the Association shall prevail in any such foreclosure
the person personally obligated to pay the same shall
be required to pay all costs of foreclosure including,
but not limited to, reasonable attorneys' fees. All
such costs and expenses shall be further secured by the
lien being foreclosed. The person personally obligated
to pay such lien, shall also be required to pay the
'Association any assessments against the Lot which shall
become due during the period of foreclosure. The
Association shall have the right and power to bid at
the foreclosure sale or other legal sale and to acquire,
hold, convey, lease, rent, encumber, use and otherwise
deal with the Lot as the Owner thereof. A release of
the notice of lien shall be executed by an officer of
the Association and recorded upon payment of all sums
secured by such lien.
(d) Any encumbrancer holding a lien on any Lot
may pay, but shall not be required to pay, any amounts
secured by the lien created and authorized by this
Section and, upon payment of such sums, such encumbrancer
shall be subrogated to all rights of the Association
with respect to such lien, including, but not limited
to, priority as to any other lien or interest in such
Lot.
(e) The Association shall, upon written request,
report to any first Mortgagee or other encumbrancer of
a Lot the amount of any assessments remaining unpaid
for a period longer than ninety (90) days after the same
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shall become due.
(f) Any assessment not paid within thirty (30)
days after the due date shall bear interest from the
due date until paid at the rate of six (6%) percent per
annum. No owner may waive or otherwise escape.personal
liability for the assessments provided for herein by
abandonment of his Lot. A suit to recover a money
judgment for such expenses, with costs of collection
and interest as provided for herein, shall be maintain-
able by the Association without foreclosing or waiving
the lien securing the same.
4.11 Subordination of Lien to First Mortgages. The
lien of assessments provided for herein shall be subordinate
to the lien of any first Mortgage, and the sale or transfer
of any Lot shall not effect the assessment lien. However,
the sale or transfer of any Lot pursuant to the foreclosure
of a first Mortgage, or pursuant to any other proceeding or
arrangement in lieu of such foreclosure, shall extinguish
the lien of such assessments as to installments which became
due prior to the effective date of such sale, transfer or
acquisition by the Mortgagee to the end that no assessment
.liability shall accrue to an acquiring Mortgagee except with
respect to installments of assessments becoming due after
possession has passed to such acquiring Mortgagee, whether
such possession has passed at the termination of any period
of redemption or otherwise, and in the event of the extinguish-
ment of such assessment lien as aforesaid, the entire amount
of such unpaid assessment shall be reallocated and assessed
against, and payable by the owners of, all other Lots in the
Association, exclusive of such mortgaged Lot. No such sale,
transfer or acquisition of possession shall relieve an Owner
or a Lot from liability for any assessments thereafter
becoming due or from the lien thereof or shall relieve the
person personally obligated to pay the assessments which
were levied prior to the transfer of such property from the
personal obligation to pay the same.
ARTICLE V
Easements
.5.1 Easements. In addition_to the easements, covenants,
restrictions and conditions of Article VI concerning party
walls and of Article VII concerning architectural and exterior
controls, all Living Units and Lots shall be subject to
easements and covenants hereinafter specifically described
for the benefit of the Property or for the limited benefit
of specified adjoining Lots, all as more fully set forth
hereinafter in this Article.
5.2 Driveway Easements. Declarant has, or will by
separate declaration, establish limited private common
driveway easements for ingress and egress to and from each
of the Living Units served by such driveways. Maintenance
of such driveways, as well as maintenance of -the private
apron from the common driveway to a Living Unit, shall be
performed by the Association and assessable against all Lots
.in_the Association as a part of exterior maintenance.
5.3'. Private Yard Easements. Except as hereinafter
provided, each Owner shall be fully entitled to the ex-
clusive use and occupancy of the Private Yard Area in his
Lot to the exclusion of all others; provided, however, the
.Property generally and all other Owners shall be entitled to
a visual easement over all Private Yard Areas, subject to
and limited by the original structures erected thereon by
the Developer. No Owner shall erect or cause to be erected
any structure of any sort upon his Lot, or plant any trees
or shrubs prior to obtaining the written approval of the
Association. Except as permitted under the limited circum-
stances described in the preceding sentence, all planting,
landscaping and private yard maintenance shall be performed
by the Association and the costs thereof shall be and con-
stitute a portion of the general annual assessment by the
'Association upon all Lots in the Property.
5.4 Utility Easements. The Declarant has, or will by
separate declaration, provide easements for utility purposes
to and from all Lots in the Property. The Association or
its proper representatives shall have the right of free
access to any Lot or Living Unit for the purpose of maintain-
ing any utility service to any Lot on the Property. The
As shall have the further right to maintain on the
exterior of any Living Unit a separately metered water line
or lines for yard maintenance purposes.
ARTICLE VI
Party Walls
6.1 General Rules of Law to Apply. Each wall which is
built as part of the original construction of the Living
Units upon the Property and placed upon the dividing line
between the Lots shall constitute a party wall and to the
extent not inconsistent with the provisions of this Article,
the general rules of law regarding party walls and of
liability for property damage due to neglegence or willful
acts or omissions shall apply thereto.
6.2 Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be
shared by the Owners who make use of the wall in proportion
to such use.
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6.3 Destruction b�7 Fire or other Casualty. If a party
wall is destroyed or damaged by fire or other casualty, any
Owner who has used the wall may restore it, and if the other
Owners thereafter.make use'of the wall, they shall contribute
to the cost of restoration thereof in proportion to such use
without prejudice, however, to the right of any such Owners
to call for a larger contribution from the others under any
rule -of law regarding liability for negligent or willful
.acts or omissions.
6.4 Weatherproofing. Notwithstanding any other -
provisions. of this Article, any Owner who, by his negligent
or willful act, causes the party wall to be exposed to the
elements.shall bear the whole cost of furnishing the necessary
:protec.tion.against such elements.
6.5 Right to. Contribution Runs with Land. The right
'of any Owner to contribution from any other Owner under this
,,Article.shall be appurtenant to the land and shall pass to
such Owner's successors in title.
6.6 Encroachments. If, for whatever reason, a wall
`i.ntended to be a party wall is not precisely constructed on
the dividing Line between two Lots, during the life of the
building containing such wall, the Lot upon which such party
wall encroaches shall be subject to an easement for the life
of -such building.which shall be in favor of and appurtenant
.,to the other Lot, to the end that for all purposes of this
.Declaration, such wall shall be treated as if it were
centered precisely upon the common Lot line_
6.7 Arbitration. In the event of any dispute arising
concerning a party wall, or.under the provisions of this
Article, each party shall choose one arbitrator and such
arbitrators shall choose one additional arbitrator and the
decision of a majority of all of the arbitrators shall be
final and.conclusive on the question involved.
ARTICLE VII
rchitectural and Exterior Controls
7.1 Architectural Control and Committee Authority. No
exterior additions, removals or alterations (including
changes in color or appearance) to any building on the
Property, additional fences, hedges, walls, walkways and
other structures shall be commenced, erected or maintained,
except such as are installed or approved by the Developer in
connection with the initial construction of the buildings on
the Property, until the plans and specifications showing the
nature, kind, shape, height, materials, location and approxi-
mate cost of same shall have been sub:aitted to and approved
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in writing as. to harmony of the external design and location
in relation to surrounding buildings erected upon the
Property by an architectural committee composed of the Board
of Directors of the Association or three (3) or more repre-
sentatives appointed by the Board of Directors. In the
event said Board, or its designated committee, fails to
approve or disapprove such design and location within thirty
(30) days after said plans and specifications have been
.submitted to it, such approval shall be deemed to have been
given. If no application has been ;Wade to the architectural
committee or their representatives, or if such application
has been rejected, a suit to enjoin or remove such additions,
alterations, or changes may be instituted at any time by the
Association or any Owner; provided, however, no suit to
enjoin or remove such additions, alterations or changes may
be commenced of unapproved improvements have been completed
for a period of ninety (90) days and thereafter a deed to a
new Owner is recorded, such improvements having been deemed
to have been approved by the architectural committee. None
of the members of the architectural committee shall be
entitled to any compensation for their services performed
pursuant to this paragraph, but compensation may be.allowed
to independent professional advisors retained by such
committee. Exterior antennae shall not be placed on any
building without the express written approval.of the archi-
tectural committee. During the time in which the Association
has a Class B member, all decisions of the architectural
committee may be vetoed by the Developer.
7.2 Exterior Maintenance. In order to preserve the
uniform and high standards of appearance of the Property,
the Association shall provide and be solely responsible for
the maintenance and repair of the exterior of all Living
Units, and the walks, yard areas and driveways of the Lots
which responsibility shall include, but not be limited to,
the following: The maintenance and repair of the exterior
surfaces of all buildings on the Property, including,
without limitation, the painting of the same as often as
.necessary, the replacement of trim and caulking, the main-
tenance and repair of roofs, gutters, downspouts and over-
hangs, (but excluding all maintenance and repair to glass
and other window -surfaces), mowing, trimming, watering and
other care of grass, trees,. and other plants, and the
maintenance and repair of walks, driveway aprons, driveways
and walkways, including snow removal therefrom. All
maintenance and repair of individual Living Units and.
garages shall be the sole obligation and responsibility and
expense of the individual Owners thereof, except to the
extent that -the exterior maintenance and repair is provided
by the Association. In the event that any maintenance or
repair measures are necessitated by willful or negligent
acts of any Owner, his family, guests, or invitees, the cost
of all such maintenance and repairs shall be added to and
become a part of the assessments to which the Lot of such
Owner is subject. The Association or its representatives,
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shall have the right to enter upon any Lot for the purpose.
of maintaining the common plumbing, sewer and utilities
lines crossing such Lot. The Association shall be responsible
for. all damage done to the Lots and the improvements thereon
in the course of such maintenance and repair and shall
perform or pay for the restoration of and repairs to such
improvements.
ARTICLE VIII
Insurance and Reconstruction
8.1 Liability Insurance; Fidelity Bonds. The Board of
Directors of the Association, or its duly authorized agent,
shall obtain a broad form of public liability insurance
insuring the Association, with such limits of liability
as. the Association shall determine to be necessary, against
all, acts, -omissions to act and negligence of the Association,
its employees and agents. The Association's Board of
Directors shall also provide fidelity bonds providing
protection to the Association against loss by reason of acts
of fraud or dishonesty on the part of the Association's
Directors,*managers, officers, employee's or volunteers who
are. responsible for the handling of funds of the Association
..in an amount sufficient to provide no less protection than
one and one-half (1 1/2) times the estimated annual operating
expenses and reserves of the Association.
8.2 Destruction and Reconstruction. In the event that
a building or buildings containing a Living Unit is.partially
or. totally destroyed and in the further event that a decision
is made by the Owners of the Living Units in such building
or buildings to repair or reconstruct such building or
buildings, then such repairs or reconstruction must be
substantially commenced no later than ninety (90) days
following the date upon which such decision has been made by
the Owners. No such reconstruction or repairs shall be
commenced without (i) the unanimous written consent of all
the Owners in the buildings affected and (ii) the written
approval of the plans.and specifications of the proposed
repairs and reconstruction by the Architectural Control
Committee.
8.3 Manner of Reconstruction. On reconstruction, the
design, plan and specifications of any building or Living
Unit may vary from that of the original upon approval of the
Architectural Control Committee; provided, however, that the
number of square feet of .any Living Unit may not vary by
more than 5% from the number of square feet for such Living
Unitas originally constructed, and the location of the
buildings shall be substantially the same as prior to the
damage or destruction. All reconstruction costs and expenses
shall be the sole obligation of the affected Owners only,
and shall not be assessed to any other Owners.
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ARTICLE IX
Notice to First Mortgagees
9.1 Mortgagee's Rights. Notwithstanding any other
provisions of this Declaration, the Articles of Incorporation
or the -By -Laws of the Association, the provisions of this
Article;IX shall control and in the event of a conflict
between the provisions of this Article and the provisions of
such Declaration,.Articles, or By -Laws, the provisions of
this Article shall control.
9.2 Notice of Default. Any Mortgagee holding a
first.Mortgage on a Lot, and who shall have previously filed
a .written request with the Association, shall be entitled to
written notification of any default by the mortgagor or
Owner of such Lot, or his, or their, heirs, successors, or
assigns, in the payment of any assessments or the performance
_of any other duties or obligations herein set forth which
shall have remained in default for a period of thirty (30)
days or more. The neglect or failure of the Association to
tender such notice to the Mortgageeshall toll the running
of any time limits applicable to the procedure for the
collection of such assessment or remedies available to the
Association on account of such default.
9.3 Consent Required. Without the prior written,
approval of the Members entitled to cast seventy-five (75%)
percent -of the votes of each class of membership, the
Association.shall not be entitled to:
(a) By act or omission, seek to abandon, partition,
subdivide, encumber, sell or transfer any Property which the
Association -shall have acquired for the benefit.of the
Owners;
(b) Change the method of determining the obligations,
assessments, dues or other charges which may be levied
against a Lot;
(c) �By act or omission, change, waive or abandon the
scheme of exterior and architectural controls, exterior
maintenance, maintenance of parties walls, or lawn mainten-
ance as hereinabove set forth.
ARTICLE X
General Restrictions, Obligations
and Rights of Owners
10.1 Living Unit Restriction_ No Living Unit shall be
used for purposes other than as a single family residence,
nor shall any garage be used for or occupied as living or
sleeping quarters, nor shall any trade or business of any
kind be carried on within a Living Unit or upon a Lot, nor
shall any Lot or any part thereof be leased, sublet, assigned
-14-
or suffered to be used for hotel or transient occupancy;
provided, -however, that none of the following activities
shall shall be -considered to be. -in violation of these
restrictions:
(a) The maintenance of a business and sales office by
the Developer during the construction and sale periods.
(b),`The maintenance of an office by the Association or
its designated manager for the purposes of management of the
Property.'. --
Lease or rental of a Lot for purposes consistent
with this Section.
10.2 Prohibition of Damage and Certain Activities.
Nothing shall be done or kept on any Lot or any part thereof
(i) to increase the rate of insurance on any other Lot over
what the Owner of such other Lot, but for such activity,
.would pay,: without the prior written consent of the Association,
or (ii) which would be in violation of any statute, rule,
ordinance; regulation, permit or other validly imposed
.requirement of any governmental body. No damage to, or
waste.of; the Property or the buildings situated thereon,
shall -.be committed by any Owner or any invitee of any Owner
.and each ,Owner agrees to indemnify and hold harmless the
Association and the other Owners from and against all lass
resulting from any such damage or waste caused by him or his
invitees: No noxious, destructive or offensive activity
shall be allowed on any Lot, nor shall anything be done.
thereon which may be or may become an annoyance or nuisance
to.any other Owner or to any other person at any time
lawfullyresiding on the Property.
10.3 Animals. No animals, rabbits, livestock, fowl or
poultry.of any :rind shall be raised, breed or kept in or
.upon any Lot or any part thereof, except that the Association
may, by regulation, rule or otherwise develop rules for the
keeping of dogs, cats or other household pets; provided,
however,. that no such pets shall be kept, bred or maintained
. tor.any commercial purposes.
10.4 Sions. No signs of any kind shall be'displaved
to the public view on any Lot; provided, however, one sign,
if not more than five (5) square feet in area and which
shall be attached or affixed to a Living Unit and not upon
the private yard area, may be used to advertise such Living
Unit for.sale or rent; provided, further, the Developer
reserves for itself and its agents, the right to maintain a
business and sales office during the construction and sales
period and to place any advertising sign upon the Property
during such period.
10.5 Maintenance of Garages. All garage facilities,
as originally erected by the Developer, shall be retained as
-15-
and -used for a garage facility for the off-street interior
storage of the vehicles and no such facility shall be con-
verted by construction or usage to any other purpose.
ARTICLE XI
General Provisions
11.1 Enforcement. The Developer, the Association or
any Owner, shall have the right to enforce, by a proceeding
at law or in equity, all restrictions, conditions, covenants.
reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration including, but not limited
to, the collection of all assessments. In the event that
the Association should employ the services of an attorney in
connection with a breach of the terms hereof by a Member, -
his family or guests, or in connection with the enforcement
of the terms hereof, and if the Association shall prevail in
any such action, such Member shall pay, in addition to all
other sums due, the Association's reasonable attorneys'
fees, costs and expenses. The failure by the Developer,
the Association or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. If these restrictions
are enforced by appropriate proceedings by any one or more
of such heretofore described persons, such persons may be
reimbursed by the Association for all or any part of the
costs incurred, as the Board of Directors of the Association
shall, in .its sole discretion determine.
11.2 Access. Solely for the purpose of performing the
maintenance authorized by this Declaration, the Association
through its duly authorized Agents or employees, shall have
the right, after reasonable notice to the Owner, to enter
upon any Lot.
11.3 Severability. The invalidation of any one of
these covenants or restrictions be legislation, judgment of
court order shall in no way effect any other provision which
shall remain in full force and effect.
11.4 Amendments. The provisions of this Declaration
may be amended during the first twenty (20) years by an
instrument signed by Members entitled to cast no less than
ninety (90v) percent of the votes of each class of member-
ship and thereafter by an instrument signed by Members
entitled to cast no less than seventy-five (75%) percent
of such votes. No amendment shall be effective until it
shall have been properly recorded.
11.5 FHA/VA Approval. As long as there are Class B
Members, the following actions shall. require the prior
approval of the Federal Housing Administration or the
Veteran's Administration: Annexation of additional properties
-16-
and the amendemnt of this Declaration of Covenants, Con-
ditions and Restrictions.
. 11.6 Limitation on Declaration. The covenants,
restrictions, conditions and reservations imposed or establish-
ed by or created under this Declaration shall run with and
bind the Property for a period of thirty (30) years from the
date of the recordation of this Declaration and may be
enforced as provided in Section 11.1 hereinabove. After the
expiration of said thirty (30) year period, all of such
covenants, restrictions, conditions and reservations shall
continue to run with and bind the Property for successive
periods of ten (10) years each unless revoked, changed or
amended in whole or in part, by Members entitled to cast
.two-thirds (2/3) of each class of votes and evidenced by a
recorded instrument executed by duly authorized officers of
: the, Association.
IN WITNESS WHEREOF, the undersigned has caused this
document.to'be executed as of the day and year first above
written.
NEW HORIZON OTIIES , INC.
BY
Roroert L. Bu resident
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
On this o2/ day of 1977, before me, a
Notary Public within and for said County, appeared ROBERT L.
BURGER to me personally known, who being by me duly sworn,
and say that he is the President of NEW HORIZON HOMES, INC.,
that the seal affixed to the foregoing instrument is the
corporate seal of said corporation, and that said instrument
was. executed on behalf of said corporation by authority of
its Board of Directors and the said ROBERT L. BURGER acknowledged
said instrument to be the. free act and deed of said corporation.
This document was drafted by:
Barnett, Ratelle-, Hennessy,
Vander Vort, Stasel & Herzog,
4624 IDS Center
Minneapolis, Minnesota 55402
BEVERLY J. DANIELSON
NOTARY PUBLIC - M��NNTA
` HENNEPIN COUNTY ,
P ' A. _ �l F my commission Explreq May S.
-17-
Riley- Purgatory Creek Watershed District
8950 COUNTY ROAD #4
EDEN PRAIRIE, MINNESOTA 55343
Mr. Donald Ashworth
City Administrator
City of Chanhassen
1760 Lorado Drive
Chanhassen, Minnesota
55317
November 17, 1978
Re: Preliminary Review of the Chaparral Phase II
Development - Chanhassen
Dear Mr. Ashworth:
The engineering advisors to the Board of Managers of the Riley -Purgatory
Creek Watershed District have reviewed the preliminary plans as submitted
to the District on November 16, 1978 for Phase II of the Chaparral Development
in Chanhassen. The following policies and criteria of the Watershed District
are applicable to this project.
1. In accordance with Section E(2) of the District's revised Rules
and Regulations, a grading and land alteration permit must be
obtained from the Watershed District for this development. An
erosion control plan outlining how sediment will be prevented from
leaving the altered areas on the development site both during and
after construction must accompany the permit application.
2. A detailed storm sewer plan must be submitted to the District for
review and approval. The District encourages the use of storm water
storage/sedimentation basins as shown in the preliminary plans. The
District will, however, require that all storm water be directed into
the ponding basin rather than into the existing drainage ditch down-
stream of M.S.A.S. 100 as shown in the plans.
3. The District will require that all basement floor elevations for homes
to be constructed adjacent to the ponding basin be kept a minimum of
2 feet above the 100-year flood level of the ponding basin.
Thank you for the opportunity to comment on this project at an early
stage. If you have any questions regarding the District's comments, please
contact us at 920-0655.
4Rert
e%ly, p
l.. � `
RCO/111 C. Ober yer
��79�8
(7.
cc: Mr. Conrad Fiskness BARR ENGINEERING CO.
Mr. Frederick Richards Engineers for the District
Ny�tS �al,ly
Mr. Bruce Patterson _M4VJy� -�'+►,
f %*
WIL; IAM 0. 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 8. GORDON
THEODORE O. KEMNA
JOHN W. EMOND
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
SCHOELL & MAOSON, INC.
ENGINEERS ANO SURVEYORS
7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS
November 13, 1978.
Mr. Craig Mertz
Larson & Mertz, Attorneys at Law
1900 First National.Bank Building
Minneapolis, Minnesota 55402
Subject: Chaparral
(Formerly Carver's Pointe)
Assessments
Dear Mr. Mertz:
The $166,766.00 in sewer and water assessments listed in our
letter of October 6, 1976 assumed development of the subject
property as shown in the preliminary plat of Carver's Point. The
assessment principal amount for Chaparral according to the adop-
ted criteria, should be $163,579.00 as itemized below:
CHAPARRAL SEWER AND WATER ASSESSMENTS
Lateral Sewer Units (Carver Beach)
11
@
$2,765.00
$ 30,415.00
Lateral Sewer Units (Greenwood Shores)
2
@
1,714.00
3;428.00
Lateral Water Units (Carver Beach)
11
@
1,486.00
16,346.00
Street Area Assessment 182,000 S.F.
@
0.10 S.F.
18,200.00
Trunk Sewer Units
95
@
458.00
43,510.00
Trunk Water Units
95
@
544.00
51,680.00
Total Final Assessments
$163,579.00
SCHOELL & MAOSON, INC.
Mr. Craig Mertz
November 13, 1978
Page Two
ORIGINAL ASSESSMENTS
Lateral Sewer Units (Carver Beach) 5 @$2,765.00 $ 13,375.00
Lateral Sewer Units (Greenwood Shores) 2 @ 1,114.00 3,428.00
Lateral Water Units (Carver Beach) 5 @ 1,486.00 7,430.00
Area Assessment 272,000 S.F. @ 0.10/S.F. 27,200.00
Trunk Sewer Units * 7 @ 458.00/S.F. 3,206.00
Trunk Water Units * 7 @ 544.00/S.F. 3,808.00
Total Original Assessment $ 58,447.00
7e?6,77(—
* 5 on Carver Beach, 2 on Greenwood Shores. _ -, 33 .7 a
Interest in the.amount of 7j percent per year since the date
of the original assessment will be added to the $105,132
($163,579 - $58,447) in additional assessments. Since then
additional assessments will be placed on the books in 1979 and
the original assessment was levied in 1916, additional interest
will be $23,654.70 (3 years x 7 %/yr. x $105,132). The total
additional sewer and water assessments will be:
$23,654.70 + $105,132.00 = $128,786.70
The property will also be liable for street assessments on
M.S.A.S. l0l.of approximately $15.00 per front foot on $27,000
on the Chaparral property.
The estimated construction cost of utilities and streets with-
in the subdivision is estimated to be $390,211.00 as itemized on
attached work sheets. The total cost, assuming 21% for engineering,
staking, inspection and contingency costs, will be an estimated
or7bond5of3110%1ofXthe2totalThe city estimatedhcost orq$519,370. escrow
If you have any questions, please contact us.
Very truly yours,
ZZ v
SCHOELL & biADSON, INC.
WJBrezinsky:esg
enclosure
cc: Mr. -Don Ashworth,.
City of Chanhassen
diJ �.,✓ �Gtii� Er'�Gi�,��� �IiiIG .r� 1 ... 1'ROJ. N0.
SHEET��
COST ESTMATE WORK SHEET PROJECT-.NAPAE illc'nnasse.!i Pa;:es
TYPE OF WORK
DATE CALC. BY__
---__-__----____-- DATE ----CHECF!cD UY,_.
0.'1 ITEM UNIT' "J��9
f STORN SE'.�ER
2.
12" RCP
15" RCP
L. F.
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r 1 75
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3.
21" RCP
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4.
24" RCP ---
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Zvc,
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5.
j 3 0 " RCP -
L. F.
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300
►r (G Oci
6.
42„ RCP
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3.5°n 510
! 1�5�00
7. i Catch Basin
Ea.
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13
8. Catch Basin/Manholes
Ea.
,00
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9. ! Manhole's
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Ea.
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9
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11. Rip Rap
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-1.
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Tons
! 1073 ✓�
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Tons
dbi
1433 ✓
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3. 6" Class 5
Tons
f
4506 ✓
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4. Tack Coat
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STATE AID STREET
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1. ; Street,complete-in-place (Centerline)
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4;65
to construct�
------_ Psi 'Inti =+1 Pqui valent)
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SUBTOTAL .....
T'D -A'- -C4a ejcT-) a
dV
,SU;S.U-R3Ajl E[ 034"QZZElING.• b4c.
OUST ESTIMATE WORK SHEr--_T
M
PF.OJ. ij0.Ct�P_PA2�A�--
SK+-ET_ uF - SHEETS.
PROJECT NAME
TYPE OF WORK —
DATE_ CALL BY ---
OaTE — CHECYEJ BY.
...,�. �.
:... Ord
, .
SANITARY S-E-.JEER
1.
8" PVCP 0' -8'
L. F.
V
1385 ✓ .
✓ 3 &SU
o_v
2.
8" PVCP 8'10'
L.F.
1115-2
1735✓
/ ��c��Z
-!&
3.
8" PVCP 10'12'
L.F.
✓/z°—"
1765t
,� Z1���
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4.
3" PVCP 12' 14'
L.F.
✓ 14.°n
155 ✓
2
o0
5.
8" PVCP 14' -15'
L. F.
, ,1(,
85
13c��
ao
6.
Std. Manholes 0'-8'
Ea.
fGO0°"
26 /
,i (S`Coa�
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7.
Drop manholes 0'-8'
Ea.
✓gc,0e-0
1 ,/ (
�/ �C)
8.
Excess M.H. depth over 8'
L.F.
✓ Gd °d
50 �i
✓ 200v
9.
4" PVC Service complete
Ea.
✓ Gap
87 ✓
SZZ
C)o
10.
Bit. street replacement
S .Yd
,%/'a
150 ✓
✓ �SC�C�
"='
1 i .
L.,cess drop riser
L.F.
✓ Go O6
6
��7
12.
Construct drop to ex. M.H.
Ea.
✓5O0°"
1 ,/
✓ SDO
a
13.
Cut into e;:. b�.H. - -
'
Ea.
✓Z u�°°
_�
1 ,/ f
✓ zUU
GO
✓ 4
5d
I
!.lATERtiIMAIi:
_
1.
118" DIP
L.F.
118 ✓ i ?3Z
I°�
2.
8" DIP
L.F.
✓ /c) �'
1700 ✓ ✓ 1 i�S
IG"
3.
6" DIP
L.F.
✓8 S°
3620 ✓
✓ c�7
!C°
4.
8" Gate valve box
Ea.
00 °O
4 ✓
`� c�vv
5.
6" Gate valve & box _
Ea.
✓Z0 °=
13
6.
Fire hydrant „ith aux. gate valve
Ea.
,//aa000
13
Ucv'°=�
7.
Water service Complete in place
Ea.
f2Sv°�
87 ✓
✓ 21-75z��`-"
8.
Fittings
Lb.
✓ /vn
8490
SUBTOTA L . .. ... .... . . .
NGI'\-E=�:R!NG rOti-r',%`=tiC'-S
`,
November 6, 1978
V7610 LAREDO DRIVEOP.O
O
Suburban Engineering
Attn: Bruce Patterson
6875 Highway No. 65 NE
Minneapolis, MN 55432
Dear Mr. Patterson:
BOX 147eCHANHASSEN, MINNESOTA 55317
(612) 474-8885
I am in receipt of your letter of October 30, 1978, regarding storm
sewer plans for New Horizon Homes in the Carver Beach area.
In regards to a city benefit or benefit to property owners of the
5.5 acres north of Carver Beach Road, this office has the following
concerns:
1). The City of Chanhassen has completed it's budgetary
process for 1979 and certified such to the County. This
budget does not include general obligation levies
for storm sewer improvements - thus negating the
possibility of shifting priorities.
2). To date, all storm sewer improvements have been
carried out through special assessment procedures
against benefitting properties. It is possible that
the City Council would consider initiating a public
improvement project to complete the work noted in your
letter (the other alternative of receiving a petition
from property owners in the 5.5 acres requesting the
improvements does not appear logical). However, you
should note that any project initiated by the city
council which would consider specially assessing
benefitted property would require that the city follow
all requirements of State law, i.e. ordering of
feasibility study, ordering public hearing, finding
of public necessity, authorizing plans and specifications,
authorizing bids, completion of work by low bidder,
notification of special assessment hearing, municipal
bonding, and certification of assessments to County
Auditor. Although this process has been the only
Mr. Bruce Patterson -2- Noveiz-ber, 6, 1.9 )R
reasonable option open to the City ol. previous storm sewer
improvement projects, I sincerely question whether the time
required for this type of process would present a valid
option for you.
In summation, I do not believe this issue can be simplified in this
type of letter. Given the concerns of your office and New Horizon
Homes, as well as those of the City, I would suggest a mee t-ng
between yourself, our engineers and myself.
Sincerely,
� 1
Don Ashworth
City Manager
DA:k
t
cc: City Attorney, Russell Larson
City Engineer, Schoell and Madson; Attn: Bill Brezinsky
TROL
irniffLon
r{. o
R
November 6, 1978
Mr. Donald W. Ashworth
City Manager
City of Chanhassen
P. 0. Box 147
Chanhassen, MN 55317
Re: Chapparral - New Horizon Homes
Dear Mr. Ashworth:
The Metropolitan Waste Control Commission finds that the proposed sewer
extension is not in conformance with the City's existing comprehensive
sewer plan. We therefore cannot approve this extension without the
amending of Chanhassen's CSP. Any amendment would have to receive
Commission approval after review and comment by the Metropolitan Council.
Any acceptable amendments to the present CSP would have to address other
issues besides the proposed sewer extension. .Outstanding concerns which
must be included are as follows:
1) Proposed Lake Riley Sewer Extension
Chanhassen has failed to submit the requested documentation to justify
the proposed sewer extension to serve Lake Riley. An engineering report
supporting the existence of pollution problems in the Lake has been
requested. CSP amendments should address this as well.
2)
Arboretum Area
Proposed sewer service for the Arboretum Education and Research Building
should. be included. As of yet, the City has not defined its position on
this development.
3) Lake Susan Hills Industrial Park
The design basis and proposed timetable for sewer service to the planned
Lake Susan Hills. Industrial Park should be incorporated in the CSP. The
City should be careful in the location of the proposed trunk line, in that
the approval will be based upon possible future Metropolitan Interceptor
construction.
R fROMUA25 RLDC.
TH F* RMERT/TP,EETJ
MrIT PAUL MA 55:a
hl7f7)7.A .'7t
Mr. Donald W. Ashworth
City Manager
City of Chanhassen
November 6, 1978
Page Two
4) Other Areas
The issue ofundeveloped areas within the MUSA.boundary is of particular
concern. The planned direction of these areas has not been clearly
defined.in the present CSP. -The sewer extension referred.to in this letter
is an example. The timetable of development and the location of proposed
future laterals serving Neighborhood Service Areas must be established.
This -is expecially important when considering the capacity limi.tations
of the'Metropolitan Interceptors serving Chanhassen.
- Shou.l d .you have any. ques ti ons about these matters, please call Mr. Ray
Odde or Mr. Don Bluhm of the staff.
Very truly yours,
Bernard J./Harrington
Director vIngineering
BJH:FJS:hw
cc: John Harrington, Metropolitan Council
Myrna Halback, Minnesota Pollution Control Agency
Planning Commissioj.L M '--ing October 25, 1978-11-
Tim Stone moved to direct staff to prepare an ordinance amendment
standardizing residential, commercial, and industrial subdivisions.
Motion seconded by Dick Matthews and unanimously approved.
PRELIMINARY DEVELOPMENT PLAN - NEW HORIZON HOMES, INC: Representatives
of New Horizon Homes were present to discuss their proposed development
on the east side of Powers Blvd. The revised plan shows the street
pattern of the proposed development east of MSAS 101 has been altered
to directly align with the entrances proposed west of MSAS 101. The
entrance onto Powers Blvd. has been deleted. The Planning Commission
previously requested that the Park and Recreation Commission review
the need for pedestrian access to the park area. Information should
be provided that can be incorporated into a grading plan that would
provide for noise abatement for the properties adjoining Powers Blvd.
and MSAS 101. The applicant should have the plan reviewed by the
Riley Purgatory Creek Watershed District prior to the public hearing.
Dick Matthews moved to hold a public hearing on November 22, 1978,
pending receipt of comments from the watershed district. Motion
seconded by Walter Thompson and unanimously approved.
SUBDIVISION - MARGUERITE GALLAGHER: Mrs. Gallagher is requesting
approval to subdivide 6.81 acres into six lots. The property is
located on Hummingbird Road and is zoned R-1. Sanitary sewer and
water are available to the property.
Dick Matthews moved to hold a public hearing on December 13, 1978,
to consider the Gallagher subdivision request. Motion seconded by
Jerry Neher and unanimously approved.
SUBDIVISION - MICHAEL SORENSON: Mike Sorenson was present requesting
approval to subdivide acres into one lot near 7606 Erie. The
proposed house on the new lot is to gain access via a 420 foot driveway
from Erie Avenue. A portion of the driveway is shown to be an
easement for ingress and egress to the City of Chanhassen for access
for carrying out maintenance on the holding pond west of the property.
The Assistant City Planner prepared a possible alternative access
to the drainage pond and the proposed new lot as well as a way to
subdivide the surrounding property.
Dick Matthews moved to hold a public hearing to consider a public
street from Erie Avenue to Frontier Trail.on November 22, 1978.
Motion seconded by Pat Swenson and unanimously approved.
SUBDIVISION - ROBERT SOMMER: Dick Matthews moved to hold a public
Baring on November 22, 1978-, to consider the possibility of a
public improvement project in the general vicinity of Murray Hill
Road and Melody Hill Road. Motion seconded by Jerry Neher and
unanimously approved.
Dick Matthews moved to adjourn. Motion seconded by Walter Thompson
and unanimously approved. Meeting adjourned at 11:15 p.m.
Don Ashworth
City Manager
i
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: October 24, 1978
TO: Planning Commission and Staff
FROM: Bob Waibel, Ass't. City Planner
SUBJ: Chapparal Addition, Outlot B & C, Proposed Preliminary Development
Plan Review
APPLICANT: New Horizon Homes, Inc.
PLANNING CASE: P-580
Planner's Comments
1. Pursuant to the requirements of Zoning Ordinance 47 and Subdivision
Ordinance 33 applicant has submitted the enclosed revised plan, narrative
statement concerning the nature of the applicant's ownership, description
of the type of proposed development, architecture, and phasing plan.
The representatives of New Horizon Homes, Inc. have met with the City
Staff and has resulted in some of the following significant plan revisions.
The street pattern in the portion of the proposed development east of
MSAS 101 has been altered to directly align with the entrances proposed
west of MSAS 101. Additionally, the proposed entrance onto Co. State Aid
Highway 17 (Powers Blvd.), has been deleted from the plans at the
recommendation of the County Highway Department and City Staff.
N At the previous Planning Commission review of the subject proposal, the
Planning Commission requested that the Park and Recreation Committee
review the need for pedestrian access to the park area. This item has
been referred to the Park and Recreation Committee for their perusal.
However, it is the recommendation of this office that sidewalks be placed
along the northern boundary of the lot in the northwestern corner of the
proposed development, that sidewalks be placed along both sides of MSAS 101
from a point south of where Nez Perce enters onto MSAS 101 to the intersection
of MSAS 101 and the proposed road which forms the northern boundary of the
active play area. Also, sidewalks should be placed along both sides of
MSAS 101 between the intersection of MSAS 101 and the southerly most proposed
road to the area that has been designated as pedestrian trail at the southern
edge of the property.
The plan and the material submitted for this Planning Commission review
Planning Report -2- .tober 24, 1978
satisfies much of the requirements of the following steps of preliminary
development plan review. The only necessary information for the Planning
Commission to have before the public hearing is the proposed agreements,
provisions or covenance regulating the establishment, use, maintenance, and
continued stability of the planned development in any of its common open
space areas. Additionally, I would recommend that the applicant provide
information that can be incorporated into a grading plan that would
provide for noise abatement for the properties adjoining Powers Blvd. and
MSAS 101.
Before the public hearing on the proposal of New Horizon, the applicant
should have the plan reviewed by the Riley Purgatory Creek Watershed
District and have the district's comments made available to City Staff
before the public hearing.
The Chapparal proposal does meet the threshold standards for the processing
of an environmental assessment worksheet in accordance with EQC rules.
Although this does not necessarily have to be done before the public hearing,
no local approvals can be made until the environmental assessment has been
published for the specified amount of time in the EQC monitor.
Planner's Recommendation
From reviewing the material submitted to date, I would recommend that
the Planning Commission order a public hearing to carryout the preliminary
development plan review for Chapparal Outlots B & C. This public hearing
can be held as soon as the applicant can verify to City Staff that
the Chapparal proposal has been scheduled for watershed district review
so that we are assured of their comments before any further review by the
Chanhassen Planning Commission.
f
Office of
Director of Public Works
Patrick B. Murphy
COUNTY rX C�1RV�
Mr. Bob Waibel
City Planner
City of Chanhassen
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Re: Chaparral Addition
Dear Bob:
CARVER COUNTY COURTHOUSE
600 EAST 4TH
CHASKA, MINNESOTA 55318
October 13, 1978
Upon review of the sketch plan, we have made the following
conclusions regarding the street access proposals.
1. The preferred mode of access to CSAH #17 is via MSAH
#101. It is preferable that MSAH #101 collect all traffic
from the subdivision and only the single access point at
MSAH #101 and CSAH #17 be constructed. Anticipated future
use of CSAH #17 dictates that care be given to the selection
and number of access points to the roadway. Numerous access
points at staggered locations can present serious safety
and capacity problems.
2. If the City would decide to allow a secondary access
south of MSAH #101, we would strongly recommend that -the
access point be chosen directly across from the Greenwood
Shores access to CSAH #17.
I appreciate the time and attention you have given this
letter. Please call if further questions arise.
OCT 1978
DCW : km CO VILLAGE OE
C ' 'C"MWASSENo
r„ MINN.
Sincerely,
D'4_v� a *(z - w-
Donald C. Wisniewski
Chief Engineer
An Equal Opportunity Employer
CARVER SOIL AND ATER CONSERVATION DISTRICT
County Office Building
Waconia, Minnesota 55387
Telephone (612) 442.2614
MINNESOTA I 'm&
SOIL AND WATER CONSERVATION DISTRICTS
October 10, 1978
Mr. Bob Waibel, Planner
Chanhassen City Hall
Chanhassen, Minnesota 55317
Dear Mr. Waibel:
Find attached a soil and water conservation inventory and evaluation
of the New Horizon Homes 106 acre property, as requested by you for
the Chanhassen Planning Commission on September 6, 1978.
An extra copy of the inventory and evaluation is being provided for
the New Horizon Homes developer.
MBB/mh
cc: New Horizon Homes
Enc.
Sincerely yours,
Mark B. Buesgens, Chairman
Carver S&WCD
AN EQUAL OPPORTUNITY EMPLOYER
O
SITE PLAN REVIEW
FOR THE
CARVER SOIL AND WATER CONSERVATION DISTRICT
NEW HORIZON HOMES
APPROXIMATELY 106 ACRES
NE2—SEC 11, Nine —SEC 12, SW-4--SEC 2, R23W, T116N
PREPARED FOR:
NEW HORIZON HOMES
BY:
HOWARD DAHLGREN ASSOCIATES
MINNEAPOLIS, MINNESOTA
REQUESTED BY:
BOB WAIBEL
FOR:
CHANHASSEN PLANNING COMMISSION
REVIEWED BY:
DONALD C. BERG, DISTRICT CONSERVATIONIST
USDA SOIL CONSERVATION SERVICE
COUNTY OFFICE BUILDING
WACONIA, MINNESOTA 55387
OCTOBER 6, 1978
I have reviewed the general soil and landscape conditions on the 106 acre
New Horizon Homes plat as submitted to the Carver Soil and Water Conservation
District on September 6, 1978 by Bob Waibel for the city of Chanhassen Plan-
ning Commission.
I have drawn a generalized soils map, adapted from the Soil Survey - Carver
County, November 1968, United States Department of Agriculture - Soil Con-
servation Service, over the contour plat map.
The areas that will have soil wetness problems, such as seepy basements, and
shrink -swell problems are shown with yellow and red lines. The .areas that
will have soil erosion problems are shown in solid red and blue colors. See
key attached to map..
The trees on the'East end of the property should be evaluated and the healthy
mature trees, other than elm, should be saved if possible.
This inventory and evaluation will help the land developer and the city con-
sider the adequacy of the plan in terms of the following:
1. Limitations of soils for the intended use.
2. Control of soil erosion due to land disturbance.
3. Conservation treatment of storm drainage water and soil wetness to
control and/or decrease continuing water and wetness problems.
4. Construction and maintenance of water management and erosion control
structures where needed.
Generalized soil survey mapping units have been drawn over the preliminary plat
map and color coded to show building site limitations.
Green has slight limitations
Yellow has moderate limitations
Red has severe limitations
Blue has very severe limitations
The solid colors show land slopes, land alteration, soil erosion and sediment
hazard limitations. The lined colors show soil wetness limitations.
The soil mapping units and major building site limitations found on the.prop-
erty are listed below:
Building Site
Map Color Limitations Soil Name Slope Range Soil Symbol
Green Slight land altera- Hayden loam 2 to 6% HaB
tion and soil erosion
Green Slight land altera- Lester loam 2 to 6% LaB
tion and soil erosion
Yellow Moderate land altera- Hayden loam 6 to 12% HaC
tion and soil erosion HaC2
Building Site
Map Color
Limitations
Soil Name
Slope
Range
Soil Symbol
Red
Severe land altera-
Hayden loam
12
to
18%
HaD
tion and soil erosion
HaD2
Blue
Very severe land
Hayden loam
18
to
24%
HaE2
alteration and soil
erosion
Yellow lines
Moderate wetness
LeSueur clay
0
to
6%
LsB
loam
Red lines
Severe wetness
Cordova -Webster
0
to
2%
Cw
silty clay loam
Red lines
Severe wetness
Glencoe silty
0
to
2%
Ge
clay loam
SOIL AND WATER CONSERVATION CONSIDERATIONS
The landscape architect or development designer should prepare a soil and water
conservation plan as a part of the site plan that would show the following.
(See Urban Erosion Control Handbook published by the Metro Association of Soil.
and Water Conservation District's, August 1973. The page number is listed after
each item.) The plan would:
1. Provide a planned time table for development phases including a land grading
plan for building sites, streets, utilities, erosion control practices, and
surface and subsurface water drainageways. (pp 3 and 4)
2. Show location of stock piles for topsoil and will be used in final grading
for a seed bed for landscape planting. (pp 2)
3. Provide for controlled surface water runoff and provide grass waterways
(pp 33 to 35) and storm drains as needed.
4. Show a drainage plan for the Glencoe silty clay loam and Cordova -Webster
silty clay loam areas which will provide for subsurface drainage and/or
sump pumps and footing drains. Also included should be a method of base-
ment waterproofing that would keep the seasonal water table below the
level of the basement floors and thus prevent a continuing water seepage
problem.
5. Provide for final revegetation with sod or grass seeding. (pp 5 to 10)
Areas that will be exposed for 30 days or more will be mulched or be
planted to a temporary annual grass. (pp 11) The steep D (12 to 18%)
slopes and E (18 to 24%) slopes should receive special consideration.
6. Provide for vegetation grass, shrubs and trees for erosion control,
sediment reduction, noise and pollution abatement, landscape beauti-
fication, living screens and barriers, recreation, wildlife, and open
space as needed. (pp-1-2 and 12-17)
See attached single sheet interpretations and the "Soil Survey - Carver County"
November 1968 USDA-SCS for additional soils information of a general nature.
Planning CommissiMeeting September 27, 19- -7-
CHAPARRAL ADDITION - SKETCH PLAN: This petition is to subdivide and
develop approximately 106 acres into a PUD.. The property is located
southwest of the Carver Beach Neighborhood and east of Powers Blvd.
Sanitary sewer and water are available. Forty-one quadraminium units,
54 duplex units, and 72 single family units are proposed.
John Schardlow, New Horizon Homes - Essentially our concept for the
development of the property, we came out and met with
Bob and Fran Callahan and went out and walked the site.
There was initially a proposal that was done by Urban
Scope which showed the parkin this portion of the site
approximately 10.8 acres as I recall which had this
entire steeply sloped area right through the middle of
it which as you know is pretty bad if you are planning
active recreation. We walked the site to try and find
the best location for a park and came up with this flat
portion down here which has the advantage of being
shielded from the north with this large hill and also
being contiguous to this trail corridor which shows up
on one of the plans that the city is looking at for a
trail system throughout the whole City of Chanhassen
and we thought of it as an opportunity to have an
active play area with a trail link to this main trail
system through the city. As Bob mentioned in his
planning report our concept is to group the quadraminiums
along this portion of the site. The duplexes in here,
with the single family walkout units along the top of
that ridge. Our concept for the storm water drainage
is essentially to take it down with the street system
and off with a swale into the main drainage corridor.
Bill Brezinsky - The preliminary plans have been submitted to the
watershed district and the DNR.
Members expressed concern about an access of some kind from proposed
Carver's Pointe to the proposed park and asked that the Park and
Recreation Commission review this proposal.
ROSS SUBDIVISION: Mr. Bruce Ross was present requesting approval to
su ivi e acres into two lots so that he can construct a home
on his mother's property -located on the east side of Highway 41.
Sewer and water are not available to the property. Members explained
the basis for their disfavor which is the ordinances and policies
of the city.
Finding that this request is outside the policies of the city, Tim
Stone moved to recommend that the Planning Commission not consider
this proposal any further. Motion seconded by Hud Hollenback. The
following voted in favor: Hud Hollenback, Tim Stone, Roman Roos,
Dick Matthews, and Jerry Neher. Walter Thompson voted no. Motion
carried.
CRITERIA, INC. - SKETCH PLAN: Criteria, Inc. is proposing to develop
singe family and mu ti ami y residential units on 82.5 acres located
near the southeast quadrant of the intersection of Highway 5 and 101.
The property is zoned P-2. Sanitary sewer and water are available.
The Assistant City Planner will meet with representatives of Criteria,
Inc. to discuss the frontage road access onto Highway 101, the
'SHED
La&i.6➢E EE LAKE
P.D. Box 387, Wayzata, Minnesota 55.391
BOARD OF MANAGERS: 1P'
'Iavid H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman • James S. Russell •lean Williamsas
s�tm�ataw�.�7u�tancrrs�xe�
September 27, 1978
New Horizon Homes, Inc.
3131 North Fernbrook Lane
Plymouth, Minnesota 55441
Re: Permit Application No. 78-113
Location: County Road 17 and Carver Beach Road, Chanhassen
Purpose: Grading and Drainage Plan for "Chaparral" Development
Gentlemen:
At its meeting on September 21, 1978 the Board of Managers of the
Minnehaha Creek Watershed District reviewed the subject permit appli-
cation.
It approved the permit as requested for diversion of drainage from
Christmas Lake to Riley -Purgatory Creek with the condition that the
proposed drainage meets all the requirements of and is acceptable to
the Riley -Purgatory Creek Watershed District.
Thank you for your cooperation.
Sincerely,
EUGENE A. HICKOK AND ASSOCIATES
Engineers for the District
E. Ao• Hickok, P.E. :' "t-✓
EAH/jel
cc; D. Cochran
G. Macomber
A. Gebhardt
Pankonin
B. Paterson
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: September 25, 1978
TO: Planning Commission; Staff; Robert Burger, President, 3131
Fernbrook Lane North, Suite 104, Plymouth, MN 55441; and
Howard Dahlgren, Howard Dahlgren Associates, 1 Groveland
Terrace, Minneapolis, MN 55403
FROM: Assistant City Planner, Bob Waibel
SUBJ: Chaparral Addition, Outlot B and C, Sketch Plan Review
APPLICANT: New Horizon Homes, Inc.
PLANNING CASE: P-580
Petition
The petition before the Planning Commission is to conduct the sketch
plan review of the subject proposal to subdivide and develop approximately
106 acres into a planned residential development. This proposal would
require rezoning to P-1, planned residential development, and the
subsequent critical review to the requirements of the P-1 zone.
Background
1. Community Location: As shown in enclosure 1, the subject property
is located southwest of the Carver Beach Neighborhood and east of
County Road 17 (Powers Blvd) .
2. Existing Zoning: The subject property is presently zoned R-lA,
agricultural residence district. The subject property is partially
bounded by Carver Beach and Greenwood Shores, which are zoned R-1,
single family residential district.
3. Utilities: Sanitary sewer and municipal water are available to
the subject property.
4. Comprehensive Plan Proposal:
a. Land Use: Pursuant to the adopted comprehensive Guide Plan,
the subject property is assumed to maintain a low density single family
residential identity.
Planning Commission -2-
September 25, 1978
b. Transportation: Pursuant to the adopted transportation plan,
County Road 17 is to function as a primary highway. The time of the
writing of the comprehensive plan, MSAS 101 had not been planned. This
road will function as a neighborhood collector.
Planner's Comments
1. There will be a representative of New Horizon Homes present at the
meeting to go over the subject proposal with the planning commission.
As shown in the attached sketch plan, the applicant proposes to construct
41 quadrominium units, 54 duplex units, and 72 single family units
on the subject property. Generally speaking, the quadrominium units
are to be located along the western boundary of the parcel and the
southwestern portion of the parcel. The duplexes are proposed to be
constructed in the north central area of the parcel and the single
family units are proposed to be constructed in the eastern portion of
the parcel. The open area in the south central part of the subject
property is proposed to be dedicated for public active play area,
with pedestrian trail to .follow the drainage way along the southern
edge of the property.
2. Preliminarily, I have reservations regarding the developments
egresses onto MSAS 101 on the north/south section and the southern
egress onto Powers Blvd. From a safety standpoint, it is preferable
that intersections, especially onto collector streets, be directly
aligned with the other streets forming the intersection.
3. The Planning Commission at this time should restrict their comments
to the consistency of the subject proposal to the adopted plans and
ordinances of the city of Chanhassen. The planning commission also
at this time should enter into the record their sentiments regarding
amendments of the comprehensive plan to allow for other than low density
single family residential developments on this property.
Planner's Recommendation
In previous planning cases, I have mentioned that comprehensive plans
are periodically amended to allow in certain instances, property to
respond to such things as market changes. The planning commission should
determine at this time whether or not the adopted comprehensive plan
still reflects adequately Chanhassen's intent for it'is housing profile.
I recommend that the Planning Commission encourage the applicant to
proceed with proposed preliminary development plans as outlined in
section 14 of ordinance 47 and subdivision ordinance 33.
CITY -OF �
CHANHASSEN
7610 LAREDO DRIVEeP.O. BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
Di-
September 5, 1978
Howard Dahlgren Associates, Inc.
Attention: John W. Shardlow
No. 1 Groveland Terrace
Minneapolis, Mn. 55403
Dear John:
I have received the copies of the Concept plan for the
proposed Chapperal Addition, and page 35 of the Application
for Consideration of Planning Request - Planned Residential
Development. In reviewing the materials enclosed, I have
noticed that the information missing is that which would be
contained on page 36 of the said application. I have enclosed
another copy of the PRD application for Consideration of
Planning Request whereupon page 36 should be submitted to this
office with the signature of applicant and signatures of owner,
and the date. The abstracter's certificate noted 44 of page 36
need not be submitted.
If you have any questions or comments, please do not hesitate
to contact me.
Sincerely,
Bob Waibel
BW:n
HOWARD DAHLGREN ASSOCIATES
INCORPORATED
CONSULTING PLANNERS
ONE GROVELAND TERRACE
MINNEAPOLIS, MINNESOTA 55403
612.377-3536
1 September 1978
Mr. Bob Waibel, City Planner
City of Chanhassen
Administration Building
7610 Laredo Drive
Chanhassen, Minnesota 55317
Dear Bob:
Enclosed, please find our Application for Consideration of Planning
Request and 12 copies of our concept plan. Suburban Engineering is
in the process of preparing the final boundary survey for the entire
parcel and I asked Bruce Patterson to send you a copy as soon as it
is completed. Should our submissions be incomplete, please let me
know and I will take care of it immediately.
If you want me to bring my nine passenger bus to the 13 September
tour of the Bloomington New Horizon Home Development, please let me
know a day ahead of time so I can put in the third set of seats.
Give me a call if you have any questions about the project.
Sincerely,
HOWARD DAHLGREENNN ASSOCIATES,
,INC.
J-te' W. Shardlow
Enclosures
-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: Howard Dahl ren Associates, Inc. _
Last First Initia
Address: One Groveland Terrace, Suite 102, Minn_eanolis, Minnesota 55403
Number an Street City State Zap Co e
Owner: Dunn and Curry Real Estate Management, Inc. _
Last First In�,tia
Address: 4940 Vi ki n Drive Minneapolis Minnesota. 55435
Number and Street City State Zip Code
Address of property in question:
Legal description of property in question:
Outlots B and C of the Chai)paral Plat (final Boundary Survey to follow
Present zoning of property: RI -A
Present use of property: Cropland - Vacant
Proposed use of property: Mixed Residential Development
The following documents shall be attached to this application:
Date Received Initial
1. Sketch Plan
2. Preliminary Development Plan
3. Escrow Account
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CITY JF 7
CHANHASSEN
7610 LAREDO DRIVE*P 0. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: June 28, 1979
TO: City Manager, Don Ashworth
FROM: Assistant Manager/Planner, Bob Waibel
Ac t by V Admmmrum
`--�
Rejxhd..-�+.�.....r
Dd
Date Sub=KW io COMissioei
Date bmif'ed W L'Ounum
SUBJ: Chaparral Phase II Preliminary Development Plan Approval
APPLICANT: New Horizon Homes
PLANNING CASE: P-580
The City Council last reviewed this item on April 23, 1979, as final
development plan review. The attached. grading plans.o.f Chaparral 2nd
Addition dated June 5, 1979, demonstratecompliance with- conditions 4
and 5 of said meeting, wherein the city council required the elimination
of one duplex lot on the southerly perimeter of the second addition,
and one duplex lot on the westerly side of the east through street
in the second addition. I have been informed by Bruce Patterson
of Suburban Engineering,that a development sketch of the third phase
has been drafted and indicates the satisfacti.on..of condition 3 by
eliminating one of the quadrominium units in the southwest perimeter
of the third addition.
The Riley Purgatory Creek Watershed District Board of Managers have
met to consider permit approval for the subject development on June 27,
1979. A report on their action will not be available until the week
of July 9, 1979, however, Bob Obermeyer, district engineer, stated in a
phone conversation of this day that the Board approved the utility plan,
and gave site preparation permit approval upon the conditions that:
1). The 15 inch RCP outlet at the eastern edge of the large
holding/sedimentation pond in the eastern portion of the
third phase,have an orifice plate installed to limit the
outflow to three CFS into the Carver Beach drainway.
2). That the erosion control measures remain in place until
the altered area is restored.
3). That the restoration be completed by September 15, 1979.
sMr. Don Ashworth �� -2- June 28, 1979
Of the six conditions setforth by the city council on
I believe that conditions 1, 4, 5, and 6, have either
are still binding on the applicant. Condition 3 will
through the final development plan review of the third
Condition 2 can be satisfied prior to the execution o
contract.
Recommendation
April 23, 1979,
been satisfied or
have to be satisfied
addition.
f the development
I recommend that the city council direct staff to prepare the necessary
development contract and direct the city engineer to prepare improvement
cost estimates for the performance bond provisions of said development
contract. Additionally, I recommend that the city council include the
conditions set forth at the June 27, 1979, Watershed District meeting
along with the previously set forth conditions of the city council.
minnesota department of health
0 717 s.e. delaware st. minneapolis 55440
(612) 296-5221
June 27, 1979
City Council
c/o City Clerk
City Hall
Chanhassen, Minnesota 55317
Gentlemen:
We are enclosing a copy of our report covering an examination
of plans and specifications on a watermain for Chanhassen,
Minnesota. A copy of the identified plans and specifications
are being sent under separate cover.
If you have any questions in regard to the information
contained in this report, please contact Stephen J. Greenwood,
Public Health Engineer, at 612/296-5270.
Yours very truly,
CIA
ALOLX/NL4 d""*.,
Gary L. Englund, P.E., Chief
Section of Water Supply
and General Engineering
Enclosures
cc: Suburban Engineering
JUN 1979 �
QED a
'"LLAQE of
MjjyaSsArjN 4a
l�� �
t�
an equal opportunity employer �'.3
MINNESOTA DEPARTMENT OF HEALTH
Division of Environmental Health
Information Relative to Plan Examination
The examination of plans and specifications for water supply and sewerage systems
(Regulation MHD 136(a)), plumbing systems (Regulation MHD 139(a)(1)), and
swimming pools (Regulation MHD 141(c)), is made to provide information concerning
the sanitary features of projects presented for consideration in accordance.with
the above regulations of the Commissioner of Health. The approval of such plans
is given upon the supposition that the survey and other data on which the design
is based are correct, and that necessary legal authority has been obtained to
construct the project. The responsibility for the design of structural features
and the efficiency of equipment must be taken by the engineer or architect who
designs the project.
Water supply plans are examined with regard to the location, construction and
operational features of the design and maintenance of all parts of the system which
may affect the safety and sanitary quality of the water. Examination is based on
the standards of this Department.
Plans of sewage disposal systems considered by this Department are limited to those
systems that can utilize soil absorption. They are examined with regard to the
features of design which concern location, construction, operation and maintenance
of the system and which may affect the public health. The examination is based
upon information contained in the bulletins entitled "Tentative Standards for
Design of Small Sewage Works," July 1962, and the recommended 'Ordinance and Code
Regulating Individual Sewage Disposal System," 1971.
Plans on plumbing systems are examined only insofar as the provisions of the
Minnesota Plumbing Code apply.
Swimming pool plans are examined with regard to the features of location and design
which may affect the safety and sanitary quality of the water for public bathing.
The examination is based upon Regulation MF-ID 141, Public Swimming Pools.
The Commissioner of Health reserves the right to withdraw his approval of plans if
construction of the project is not undertaken within a period of two years. The
fact that plans have been approved by the Commissioner of Health does not
necessarily mean that recommendations for alterations or additions may not be
offered at some later time when changed conditions or advanced knowledge make
improvements necessary.
CHANGE ORDER` NO. 5
TO: Erebak Construction
Thomas Montgomery Construction
FROM: Subutban Engineering, Inc.
and New Horizon Homes,, Inc.
DATE: 25 June 1979
�VNA919
U
' N RAE OF, a
t0 V11. "GSgEN, CC
`, dl' �A Mtic�K• ���
RE: Additions, Deletions, and Revisions,to Specifications for Chaparral
Chanhassen.
61a?4
Speci:"ication dated 23 October, 1978, and signed 24 November 1978, are
hereby adopted as the specifications for Chaparral 2nd Addition subject to
the following additions, deletions and revisions:
1 - DELETE The Invitation to Bidders;
2 - ADD The provisions that a Pre -Construction Conference shall be held at
a.time and place to be determined by the City Engineer;
3 - ADD The following language to Section C-2, GRADING TOLERANCES, on page
SP-C-1: "At such time as the grading contractor feels that his rough -
grading is substantially complete and ocrrect on a portion of the pro-
ject, he shall request the inspector to make a field survey check of
the tolerances. The results of the survey shall be plotted on a Develop-
ment Plan and a copy shall be returned to the Contractor.";
4 - AID The following language to Section C-5, TRENCH BACKFILL COMPACTION,
on page SP-C-2: Where density tests are taken to evaluate the compact-
ion, the fill shall meet the requirements of a minimum of 100% of standard
proctor density (AASHRO T-99) in the upper 3 feet of the embankment a min-
imun of 95% of standard Proctor density below the upper 3 feet, except when
the existing soil moisture content is over the "optimum" moisture content
determined by the standard Proctor density. When the existing soil moisture
content is over the "optimum" moisture content the soil shall be compacted
to a density within 5 pounds per cubic foot (pcf) of the theoretical density
indentified by the proctor curve at that moisture content.
It shall be:the responsibility of the Contractor to provide all testing and
other services to inure that the requirements of this section of the
Specifications are met. Any and all compaction tests performed by the Eng-
ineer shall be random tests and will be .used generally as a periodic cheek
of Contractor compliance. Any compaction tests taken by the Contractor
for control of compaction shall be paid for by the Contractor. Tests taken
by the Engineer to check compliance will be paid for by the Owner.
Any areas found not to comply with the Specifications shall be re -excavated
and recompacted by the Contractor until the compaction requirements are met.
In areas! where compact-LO!', L,_'StS c,Je flov. tal'.--en by r1jo L_!'ngtneer, these areas
3. CIL) L� auton�jtic.11y LU
accepted
Lhe Ell ineer,
If any ;,,ettlemeats develop which repair of ft-iie sub -base and/or
bituminous surface at any time beft-,re iLhe_ expiratiorof the project
warranty period, tests shall be in tLL areas; of suttlemeet and,
if the tests indicate that the Co:irravit-_or Jid not meet tl-a2 bacicfili
specification, tjjtjl 411 costs iTV%.'1-,)J_vtid, in the repnir of sucl, ;ttle-
'merits shall be borne by the C011tr.1CVC',17. Any settlements found to be
caused by not meeting tfie backfill specification shall be repaired by
completely removiiig and recoirpact,i-ag all material not meetin, the
specification, dot-m to within one toot- of f tijo_ top of the '
. e I il -)a, if
necessary. T11-le Leib-'iLtse and bitunatiou:: sha'j- be :?_nsta? Jeri to equal
thickness as eYJ.*;U.UU before r,pajrs beW�
IT' tile shall be
iastalled in separate lifts. 'No skin par-c'":es or partial excavation
of bituminous shall be allowed or -acce.--,ted. 'file lir,.1its, of each settle-
m;nit area to be repaired s1iaJl be masked up and identified by the
Engineer.
5 DELETE The Proposal Schedule and St:ructure Schedules. The Schedules
for the 2nd Addi Ciorl: are inc'l Lide(I on tqIt2 plans-
6 - DILETE All Detail Plates and ADD OLe Detail Platss as attached hereto.
SUIJMAN ENGINEERING, NC.
Bruce A. Paterson, P.E.
c,;: E.Ieb,3k
M.)ntk.oti,ery
Greg frank, New Horizoi-,
City of Cliaiihasst,sn en)
BA11/11h
eric
,P
y Gdo
� A
minnesota department of health
0 717 s.e. delaware st. minneapolis 55440
(612) 296-5221
City Council
c/o City Clerk
City Hall
Chanhassen, Minnesota 55317
Gentlemen:
6 /2 k
June 25, ' 1979
We are enclosing a copy of our report.covering an ekamination
of plans and specifications on a watermain for Chanhassen,
Minnesota. A copy of the identified plans and specifications
are being sent under separate cover.
If you have'any questions in regard to the information
contained in this report, please contact Stephen J. Greenwood,
Public Health Engineer, at 612/296-5270.
Enclosures
cc: Clark Engineering
Yours very truly,
Gary L. Englund, P.E., Chief
Section of Water Supply
and General Engineering
c
JUN 1979 c
RECEIVED
vn.L.AC3E OF '
;CHANHASSEN�
MINN. '
I�t
an equal opportunity employer 3
cc- 7.
NEW HORIZON HOMES, INC.
BUILDING TOMORROWS DREAMS TODAY
3131 FERNBROOK LANE NORTH
SUITE 104
PLYMOUTH, MINNESOTA 55441
612-559-5770
June 21, 1979
City of Chanhassen
ATTN: bon Ashworth, City Manager
7610 Laredo Drive
P.O. Box 147
Chanhassen, MN 55317
Dear Don:
rrom: City Admini
Referred To -
Mayor
Council
Planner. r/
Building
Attorney
Englneer
Trsasurar
Pallco —
Parks I Rec.
Streit maint._
titllltiot
Prase
Other —
lxQt0 S�o-o1 a --7
Subject: Chaparral
Chanhassen, Minnesota
Be advised that we have submitted copies of the revised
development plan for Phase 2 of Chaparral. These drawings
reflect the changes requested by the Council.
Assuming approval by the Council, we request that the City
grant building permits for the proposed townhome and twinhome
models conditioned on our not selling these units in advance of
the installation of public improvements.
We request that Chaparral be included on the agenda for the
July 2nd meeting.
Very truly yours,
NEWHORIZONHOMES, INC.
Gregory J. Frank, P.E.,
Land Development Manager
GJF/pm
cc: Bruce Patterson, Suburban Eng. South
r
`J _ * u(
L
JUN 1979
RL, W ZZ)
CHAMm4.
M/NAt K' .
9