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79-02 - Near Mountain PUD pt 7CITY OF �L 14b CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 30, 1979 TO: City Manager, Don Ashworth FROM: Asst. Manager/LUC, Bob Waibel BUBJ: Near Mountain, Preliminary Development Plan Review (Consolidation of Previous Recommendations) APPLICANT: Pflaumwell Partnership PLANNING CASE: P-607 The following is a summary of prior recommendations of the Planning Commission asd staff to the City Council regarding the review of the subject preliminary development plan. This summary has been amended to account for the plan changes the city council has recommended in its past review. Planning Commission Recommendation The Planning Commission moved to recommend that the city council approve the Near Mountain Project preliminary development plan as follows: 1. Rezone the subject property from R-lA, agricultural residence district to P-1, planned residential district. 2. Approve the preliminary development plan including the subdivision with the condition that no lot be smaller than 11,700 square feet. 3. To amend the preliminary development plan to delete the access options A and B on the north side of the American Lutheran Church property and endorse option C accessing onto Pleasant View Road. 4. To adopt staff recommendation and have the pedestrianway separated from the street. 5. That the street widths as shown on the plat be accepted. 6. That the preliminary plan be accepted as shown on Planning Commission exhibit A (10-17-79) subject to the above conditions. Mr. Don Adhworth November 30, 19 7 � Staff Recomiriendation I recommend that the City Council a plan, rezonin PProve the preliminary development g, and subdivision for the subject proposal with the following conditions: I. That outlot B in the Near Mountain August 24, 1979, be dedicated easementforpeeiminary plat dated Purposes. That pedestrianways planned along street sections be separated from the street. g street sections 2. That the street referred to as Near Mountain Blvd, which extends north into the Shorewood on the and the road extending from Near MountainoBlvd. development, condominium area on Near Mountain, be constructed with drivingbe proposed surfaces 36 feet in width. 3. That the applicant receive an environmental assessment worksheet review and approval from the Environmental Quality Council. 4. That the applicant receive all necessar a Of the Riley Purgatory Creek Watershed pp�a land alteration permits. Disitfor 5. That the proposed covenants and restrictions are found to be acceptable by the PlanningCommission and City Attorney's office. City Council 6. That the City Engineer finds the later Of the condominium and townhome area not toebecdet detrimental to the earlier phased construction and the surroundingtal property with regard to utilities g , grading and drainage. 7. That the applicant dedicate outlot B Portions of outlot A for purposes Of�linearnd atis striae easements. pedestrian 0 9. 10. That the applicant be required to to install concrete curb and gutters on all streets within the plat. That the applicant be required to dedicate sufficient right of ways determined by the city engineer to accommodate the pedestrianway as shown on ate Commission meeting-ofexhibit A of the Planning October 17, 1979. That the final plat, the protection areas where development is and/or development contract delineate in the vicinity of Near Mountain prohibited. 11. That the applicant provide projected traffic volume the intersection of MTH 101 and Pleasant View Road s for Mr. Don Ashworth -3- November 30, 1979 The applicant had requested that of recommendation number 6 of the city intent of the staff recommendations above. this office in makinger a clarificat: no prolonged drainage/erosion Problethis recommendation was to assurethatConstruction period for the condominium would occur b Mountain. top of Near Action to be Taken The action before the City decision approving,y Council at this time is to formulate a Plan proposed. disapproving or modifying process Through the preliminary development the preliminary develo meni with ' the proposal as examined in thedcontexteof its p the overall co plan review as well as its viabilitity' the city ordinances compatibility its preliminary y as a land use district. The Council, plans, and policies as to y development plan action will be directin the how the more capital intensive final through Of the process is to development directingthe applicant and transportation cirbculationted with regard to plan stage land use, density 1, Project: Near Mountain Proposer: Pflaumwell Development Partnership To The E.Q.B. Distribution list: I am the authorized representative of the City of Shorewood, Responsible Agency for the private project indicated above. This project is not a major action and is consistent with Shore;,rood's land use plan and the existing or planned capacities of necessary Public services. Minimization and appropriate mitigation of any impacts identi- fied is to be assured through adopted policies, performance standards and the permitting processes of local and other agencies. The project does not have the potential for significant or irreversible negative environmental effects. It allows for protection of valuable or sensitive areas through preservation of open space, control of erosion and sedimentation, and retention of the overall drainage pattern. The project is not of more than local significance. It will foster imple- mentation of Shorewood's plans regarding land use, natural environment, utilities, and public services. No significant impact on neighboring com- munities has been identified. In view of these findings I conclude that no E.I.S. is needed on this Project. Please be advised that Section III. J. follows: Under the sub -section "Water," strikegtheblastould two sbentencesdanas d insert: "On the Shorewood portion, a well of sufficient capacity for domestic and fire fighting purposes will be constructed by the City, with the Near Mountain project to be assessed for its benefit." Accompanying are relevant memoranda from the City of Shorewood's en and planning consultants. engineer ing I hereby certify that the information contained in the Near Mountain E.A.W. is true and correct to the best of my knowledge. •1f' /—t-�`�� SIGNATURE �.1�_,_ CLCle'-� TITLE � %! DATE urban planning • design • market research 416 east hennepin avenue minneapolis m nnesota 55414 (612) 379-4600 MEMORANDUM TO: Shorewood Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 November 1979 RE: Near Mountain E.A.W. BACKGROUND Under the Environmental Policy Act (Minn. Stat. Section 116D.01) certain types of development are required by law to prepare an environmental assessment. The Near Mountain Project, as a "residential development within a shoreland area (as defined by M.S. 105.485).consisting of 50 or more residential units", has been required to prepare an environmental assessment worksheet (E .A . W.) to be evaluated by the City of Shorewood. The City has referred the E.A.W. to Midwest Planning for evaluation. ANALYSIS Upon review of the Near Mountain E.A.W. the following issues are raised: Section III.,A.,4. This section deals with soils and topography.. The developer has indicated that certain areas in the project contain slopes in excess of 12%and soil types characterized by slight and moderate development limitations. The Hennepin County Soil Survey has identified areas within the site which are classified as having severe development limitations when slopes and soil types are combined. The Soil Survey is admittedly very general. Also, many of the areas classified as severe are quite obvious (i.e. marshes and very steep hills). However, it is felt that these areas should be identified at this time. A drawing of the site showing soil and slope conditions should be submitted and verified by the City Engineer. The precautionary measures proposed by the developer to mitigate these limitations can be indicated on the grading plan at such time as it is submitted. Section III., J., 4. The E.A.W. indicates that the project will not induce development nearby (support services or similar developments). However, this project will be required to provide a central well system. Depending on the availability of that system ,to surrounding areas (i.e. the land north of Covington) development may be induced to occur sooner than it might have otherwise, impact this may have, however, in light of eces is nt discu seoted at this time as to file development may have a positive effect on ns, an increase in the City s bond redemption situation. Section III., K. Although the structure located in the Shorewood portion of the project is 50 years it is not listed as an historic site in the Shorewood Long -Ran e P I older than such, it may not have any historical sign g Pbrk Plan. As Society regarding the matter, they indicated that they had no contacting othe f Historical although a detailed surveyof the g the site, Shorewood area had not yet been completed. The Historical Society also stated that if the Ci and photographs of the structures h' would send any background information ()they would be interested in reviewing it. RECOMMENDATION The purpose of an E.A.W. is to provide brief and general information des action proposed in its environmental setting, and outlining probable environmental the and possibilities for mitigation of adverse effects. The assessment should al menial effects whether the action is of more than local significance and whether it should so indicate Environmental Impact Statement d require an specific information regarding any significant neffeE.cts �the rojeuires much more detailed and surrounding environment. The City's responsibility in evaluating t may have on its make a finding regarding the necessity of requiring an E.1.S, h the E.A.W. is to presented to the Environmental Quality Council for a final determiation•finding is then While the issues raised in this report are considered important, from a ►a perspective it does not appear necessaryit is recommended, planning however, that the City Engineer also be requested t,ore nreview and comment othe prior to submitting the City's finding to the Environmental meat on the E.A,W, Quality Council, cc: Elsa Wi Itsey Frank Kelly Jim Norton Peter Ph laum (656.09 #79.04) PFLAu` WELL o LD Developmw# Partnership �i 935 East Wayzata Blvd, Wayzata, Minnesota 55391 (612) 473-4400 November 21, 1979 Mr. Bob Waibel Assistant Manager/Land Use Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Bob: In our mutual interest of finalizing Preliminary Development Plan acceptance, I have taken the liberty to set forth in the accompany- ing the condi.tions which I believe we have agreed upon. I invite your comments and ask to be advised immediately of any alterations or additions you deem necessary. Hopefully, this will guarantee our inclusion on the consent agenda of the December 3, 1979, City Council Meeting. Very truly yours, lcuh-�. Michael A. Pflaum MAP/jh Enclosure NOV1979 � RECEIVED ! VILLAGE iop fit! CHANHASSIEN, 0 MINN. 'N1 Preliminary Development Plan Conditions - Chanhassen 1) That the applicant receive Environmental Assessment Wroksheet review and approval from the Environmental Quality Council; 2) That the applicant receives all necessary approvals of the Riley - Purgatory Creek Watershed District for a land alteration permit; 3) That all streets be constructedto the residential standard of 28' face-to-face, with the exception of Near Mountain Boulevard and its northerly connection to the condominium area, which both shall be constructed to a 36' face-to-face width, and that all streets be constructed with concrete curb and gutter; 4) That the Final Plat and/or the Development Contract delineate the protection areas around Near Mountain where development is prohibited; 5) That the applicant provide detailed soils information, grading and drainage plans with particular attention to soil conditions surround- ing ponding areas and the central wetlands; 6) That the applicant dedicate Outlot B and sufficient portions of Outlot A for purposes of a linear pedestrian way; 7) That the Near Mountain covenants and restrictions be accepted by the City Attorney and approved by the City Council; 8) That the minimum single family lot size be 11,700 square feet; 9) That the applicant provide projected traffic volume information for the entrance point on Pleasant View Road; 10) That final approval of development of the condominium and quadraminium areas be contingent upon Planning Commission and City Council approval of a detailed Site Plan; 17) That the applicant dedicate right-of-way and/or easement, sufficient by the determination of the City Engineer, to accomodate the 6' wide bituminous pedestrian way shown on Exhibit A of the Planning Commission meeting on October 17, 1979. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 16, 1979 TO: Don Ashworth, City Manager FROM: Bob Waibel, Asst. Manager/LUC SUBJ: Preliminary Development Plan Review, Near Mountain APPLICANT: Pflaumwell Development Partnership PLANNING CASE: P-607 As- you recall, the city council. deferred decision on the subject action at its previous meeting, and gave direction for the applicant to develop a secondary access concept in order to offset potential problems of the proposed 2800 foot long cul-de-sac. Attached hereto you will find a copy of said concept showing the addition of a secondary road between the western 1/3 of the previously mentioned cul-de-sac and a local residential street in the south central portion of the proposed development. At the point where this secondary access comes closest to the southerly property line of the proposed development, there is noted potential future street connection to adjacent properties. At this time, there is no indication as to if and where said access to the south should be provided or whether or not this access will abut properties to the south. It is believed that these issues can be taken up before final development plan review. Another modification for the cul-de-sac in question is the applicant's proposal to shorten the previously proposed cul-de-sac by approximately 430 feet. It is the belief of this office, that this proposed reduction in length considerably improves the plans compliance with city ordinances, however, the ultimate length is indeterminable until the condominium portion of the project undergoes site plan review. The planning commission reviewed the secondary access proposal at its regular meeting of November 14, 1979, and recommended that said secondary access modification be included in the preliminary development plan of Near Mountain project with the condition that the roadway on the initial 2800 foot long cul-de-sac be 36 feet wide, and the secondary access roadway be 28 feet wide. rN Mr. Don Ashworth -2- November 16, 1979 Staff Recommendation Staff recommends that the city council approve the preliminary development plan, zoning, subdivision and conditional use permit for the proposal as per the recommendation of the planning report of November 1, 1979 with the additional condition that the roadway on the previous 2800 foot long cul-de-sac be 36 feet in width and that the roadway on the secondary access be 32 feet between Near Mountain Blvd., and its westerly terminus. P.S. - Since the writing of this report the applicant has submitted plans with the secondary access which amends this report with respect to the reduction in length of the cul-de-sac to the condominium area. Also not included in your plans for review is the proposed egress onto Pleasant View Rd. (Option C). Q / A A'� .� CITY'OF CHANHASSEN 7610 LAREDO DRIVEIP.O BOX 1476CHANHASSEN, MI (612) 474_8885 NNESOTq 55317 MEMORANDUM DATE: November 2, 1979 T0: Planning Commission and Staff FROM: Asst. Manager/LUC, Bob Waibel SUBJ: Council Consideration of Residential and Chanhassen ear Mountain, Lakes North Lake Susan Hills The subject items are agenda with review scheduled to be on Of this memorandum starting at approximately November 5th council meeting m to re pproximately 9:15 p.m. The provide input quest that you consider Purpose following reasons, P that you might feel attending for then The first of these Curry proposal reasons is that Curry , the nature of the 1n the decision on Y as to whydiscussion seemed.totcontahe in and council review beforthen particular re PossibilityPublic hearing. is to receive city regarding t that individually you may g' Since there so that g this review, I would y have is the this overall invite that questions or comments Plan review may You consider attending The second Y be optimized. council item which might warrant meeting is that this office Your attendance Fire Marshal that t has received an at the u left in as he emergency pCOming not availab Part of the overall Y access to the condomOpinion from the staff to the plannin plan' Although this um area be is maintaining a g commission information was from said position °r staff at the Plans. that the emergencyPublic hearing, access be deleted Should you have any comments call and such comments that at Monday eveningis meeting. Thank you. on the above and cannot YOU have can attend, please be entered into the record CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 1, 1979 TO: City Manager, g Don Ashworth FROM: Asst. Mangager/LUC, Bob Waibel SUBJ: Proposed Preliminary Development Plan, Subdivision, Rezoning, and Conditional Use Permit Request Review for Near Mountain Project APPLICANT: Pflaumwell PLANNING CASE: P-607 Petition Development partnership The Pflaumwell Development Partnership is proposing to develop subject property with 144 single family and 120 condominium units to wit Plannedresidentialdevelopment,the subdivision, rezoning,ots, 36 quadraminium units, required. and conditional use permit considerationis Background 1. Community Location: As shown in enclosure 1, the subject is an approximate 292 acre parcel in the northeastern most the city contiguous to Hennepin Count � t Property Minnetonka and City of Eden Prairie. y' northeastern Of corner of Y Shorewood, City of 2. Existing Zoning; The subject agricultural residence district, property is presently zoned R-lA, The property south of the subject property is presently zoned R_1 single family residence district. 3• Utilities; The subject property is trunk water service areas of Chanhassen within the sanitary sewer and 4• Comprehensive Plan Proposals: a. Land Use: Pursuant to the adopted City Comprehensive Plan, the subject property is to assume and maintainafamily single Guide residential identity. Mr. Don Ashworth -2- November 1, 1979 b'. Transportation Plan: Pursuant to the adopted City Comprehensive Transportation Plan, MTH 101 is proposed to be downgraded to a minor collector with MTH 101 being rerouted east of Chanhassen and the previous MTH 101 to be turned back to the County. Comments (From Planning Report dated August 28, 1979 - Proposed Preliminary Development Plan Review) The Pflaumwell Development Par tnership.is proposing to develop the property indicated on enclosure 1 with 144 single family lots, 36 quadrominium units, and 120 condominimum units. As indicated in the site plan, the quadrominimum area is located in the northeast corner of th property located in Chanhassen, the condominium area on the peak portion of near mountain in the southwest corner of the project area with single family indicated between the two aforementioned land uses. The land use proposed :in Shorewood along the border of Chanhassen is townhome with the exception of the major wetland area in the central portion of the development. The portions.of-the circulation system that interconnect with Shorewood is the proposed Near Mountain Blvd. which runs north/south along the east side -of the wetland area, -and the north/south local street along the western -edge of the proposed quad area between Townline Road and the proposed Chanhassen entry onto MTH 101. The proposed plat indicates no entry of the proposed development onto Pleasant View Road. Two emergency accesses are indicated along the southern edge of the proposed plat wii.h an additional roadway to the south .in the west -:central portion of the plat. Recently this office has received staff input regarding the experience of other communities finding that emergency accesses have a strong propensity to become used as. public streets after a period of time and that allowance of construction should be considered only in special circumstances, such as areas where relatively low volume of traffic are expected to be generated, i.e. Devil's Slide basin area. In the light of the proposed condominium land use, and the non-existence of access to Pleasant View Road which is the only east/west connection between Highways 5 and,7., I preliminarily recommend that the emergency accesses be eliminated from the proposed plat in order to avoid any such problems in the future. As you recall, the Planning Commission and City Council have voted to disapprove the North Chanhassen East/West Collector Street study with the decision being largely based upon that the development had no access to Pleasant View Road. As previously mentioned, there is a proposed road egressing from the subject property to the south in the vicinity between the condominium area and the westerly most pond in the development. Albeit that this road is minimally indirect access to Pleasant View Road, I recommend, for consistency purposes, that this portion be deleted from the proposal. Mr. Don Ashworth -3- November 1, 1979 Section 8.03, Subsection G of Subdivision Ordinance 33 states that "the maximum length of cul-de-sac streets shall be 500' measured along the center line from the intersection of origin to the end of the right-of-way". In light of the above recommendations, the road to the west of Near Mountain Blvd. terminating at the condominium area, would be an approximate 2500' cul-de-sac. The number of units which would utilize this cul-de-sac portion totals 120 condo- miniums and 45 single family. In using a conservative estimate of 8 trips per day -per unit an estimate of 1320 trips can be expected at a point where the cul-de-sac intersects Near Mountain Blvd. According to the Metropolitan Council functional classification system roadways, the threshold for a collector street is 1000 vehicle trips per day. Based upon this information, I would recommend a collector design be required for the cul-de-sac in mention having right-of-way of 80' and roadway of 36' as per Ordinance 33. Despite the development patterns proposed and the anticipated volumes of vehicular trips along this cul-de-sac area, this office finds that the cul-de-sac being more than 500' in length violates the literal spirit and intent of Ordinance 33 and approval of such would be pre cidental. Preliminarily it has been estimated that potentially 2400 trips per day could be expected at the entry onto Trunk Highway 101. Likewise this situation would deem collector status for Near Mountain Blvd. Although the local residential street standard for roadway is 28' it is apparent from observation that this is not adequate to afford snow removal, residual parking, and traffic flow. It would be hopeful that, if not for this development, that in future developments the local street width standard would be 32'. It has been discussed Staff wise that traffic information should be compiled by the developer in order to assess appropriate traffic controls at the exit point onto Trunk Highway 101. Additionally, the applicant will need to have entry permission, from the Mn. Department of Transportation assuring that the location is adequate for safety reasons. Attached hereto you will find the Staff letter of May 2, 1979 from the City of Minnetonka regarding the subject project. There are two points of consideration for Chanhassen which are as follows: 1. There is a mention of a 50' setback for the townhome quadrominium units off of Townline Rd. and the opinion that a greater distance separation or substantial landscaping should be provided to ensure the desirable transition between this land use and the detached single family existing across Townline Road. 2. The realignment of a southern collector to west. 64th St. to be made to alleviate the site distance problems on Highway 101 and potentially make use of planned improvements on Highway 101. Although, as previously mentioned, collector proposal was disapproved, the new 101 entry as proposed currently may be acceptable for site distance and mitigate a traffic distribution problem onto Townline and Vine Hill Rds. Mr. Don Ashworth -4- November 1, 1979 According to the generalized soil and landscape analysis map for Chanhassen, there are symptomatic soil conditions around each of the ponding areas in the proposed development and additionally along the major wetland area in the central portion of the proposed plat. The developer as part of development review, will need to furnish detailed soils information, grading and drainge plans for these areas. As presented at the sketch plan review, the areas around Near Mt_ were considered protection areas where no development would occur. If such is the case the final plat should designate such along with similar language in the development contract. This is not to be construed as supplimental to the park dedication ordinance. Trail easement is indicated from Pleasant View Park area northward to and along Near Mt. Blvd. and extending westward along the northern base of Near Mt. Trail design will need to be a topic of future discus- sion, however, it is apparent that any pedestrian way will encounter individual accesses throughout the lions share of the system. The developer should submit delineation of lot area sizes for future Planning Commission review. No approvals of the quad and condominium areas can be given until detailed site.plan and building plan review has been accomplished. As per Ordinance 47., the applicant will need to submit information on the proposed phasing of the overall development. In the northwest portion of the proposed plat, there is indicated a proposed public overlook access. The applicant should be advised that such a use comes under the provisions for conditional use permit and that detailed plans would need to be reviewed before a conditional use permit could be granted. The proposed development is subject to review of the Riley Purgatory Creek Watershed District board of managers for land alteration permits. The applicant has indicated than an environmental assessment worksheet is being prepared in accordance with the Minnesota Environmental Policies Act. Comments - (From Planning Report dated October 15, 1979 - Preliminary Development Plan Review, Public Hearing) For the purposes of this public hearing, please find the attached ana incorporate such into your copy of Exhibit 1, P-607, Near Mountain Planned Residential Development. 1. Letter dated October 2, 1979 from MnDOT. 2. Letter dated October 11, 1979, from Planning Dept. City of Kinnetonka 3. Developer's description of the proposed development. 4. Preservation Plan for open space. 5. Anticipated sequence and schedule of development. 6. Preliminary Elevation drawings. 7. Prospective drawings. 8. Covenants, conditions, restrictions and reservations. 9. Density breakdown by lot. 10. Phase plan and preliminary development plan Mr. Don Ashworth -5- November 1, 1979 In reviewing the -:information on the subject proposal submitted to date, this office has no problem with the proposed land use, density, and circulation with the exception of the following points: 1. That the emergency.'and street accesses on the southern boundary of the plats'. be eliminated. 2. That outlot B in the Near Mountain preliminary plat dated August 24, 1979, be dedicated easement for pedestrian way purposes. Keeping in mind that this easement is to be one of the links in the proposed linear pedestrian system, the planning commission should at this time make their comments as to the appropriate location of said outlot B. This office finds that the presently proposed location from outlot B has the advantage that it will connect to a collector street in the Near Mountain plat thus channelizi.:a the pedestrian traffic in a preferred manncr, however, it does have the disadvantage in that its access from Pleasant View Road is such that there will in all likelihood be a residential development between this access and Lotus Lake Community Park, thus requiring pedestrian mol�ement to occur on a portion of Pleasant View Road. Despite the difficulties involved, this office would recommend that Outlot B remain in the location proposed. 3. This office had recommended that. the major streets in the proposed plat be 36 feet wide which would be for collector purposes, and additionally provide lanes for the aforementioned pedestrian traffic. Although the design. of said pedestrian way is still undecided, it is the recommendation of this office that pedestrian lanes be provided for in 36 foot street areas with appropriate parking. restrictions. 4. As previously mentioned, this office has no problems with the land use,. density, or circulation proposed, however, at this time, I believe that for the condominium and the townhome area, the planning commission shouldrestrictaany approval of the concept to adoption into the Comprehensive Plan and stating clearly into the record, that final approval would be contingent upon planning commission and city council approval of a detailed site plan. As shown in the attached letter from the MnDOT, they have recommended that the proposed access on Highway 101 as indicated in the proposed plans be eliminated and that Pleasant View Road be utilized for the primary access to 101. This letter outlines the essential elements of the September 25th discussion, and it cites the specific method whereby an intersection would be designed that would eliminate westward movement from the development on Pleasant View Road. A plan showing said intersection will be available for your review at the meeting Wednesday evening. This office concurs that with adequate design, this method would be less detrimental to Pleasant View Road and MTH 101. Said design should address the relevance of any stacking problems to the existing homes along Pleasant View Road near the intersection of Highway 101. This type of access to. MTH 101 is additionally in conformance with the recommendations submitted by the City of Minnetonka planning department in their letter of October 11, 1979, attached hereto. Mr. Don Ashworth -6- November 1, 1979 In regard to the attached sample covenants and restrictions, I have the following comments. The sample covenants for the single family phases of the proposed development, indicate a provision regarding the minimum value of housing to be constructed: Despite the apparent restrictiveness of such a clause, this office feels that the applicant has addressed the spirit and intent as found in the preamble of the P-1 zoning district concerning the low and moderate income provision by the inclusion of the townhome portion as part of the overall development. In the attached sample covenants and restrictions for the multiple dwelling areas, you will note that the covenants have an expiration clause followed with an automatic renewal clause. I would urge that the city seek to obtain a best assurance that said covenants and restrictions are made purpetuis. Recommendation I recommend that the Planning Commission approve the preliminary development plan,.. rezoning, subdivision, and conditional use permit for the subject proposal condit-ioned upon the following: 1. That the applicant receive environmental assessment worksheet review and approval from the environmental quality council. 2. That the applicant receive all necessary approvals of the Riley Purgatory Creek Watershed District for land alteration permit_ 3. That the streets outlined in the August 28, 1979, Planning report recommended to be 36 feet wide are so in fact constructed. .4- That the proposed covenants and restrictions are found to be acceptable by the Planning Commission, city council and city atcorney's office_ 5. That the applicant consider construction of the local streets to a 30 foot wide standard. 6. That the city engineer finds the later phased construction of the condominium and townhome area not to be detrimental to the earlier phased constructionn and the surrounding property with regard to utilities, grading, and drainage_ 7. That the applicant dedicate outlot B, and satisfactory portions of outlot A for purposes of linear pedestrian easement. 8. That the approval be conditioned upon the inclusion of the first four points brought out in the comments section of this report. I additionally recomimend that the Planning Commission encourage the applicant: to proceed with final development plans in concurrence with section 14.05 subsection 5 of zoning ordinance 47. -7- Summarization of Actions and Recommendations Since October 15, 1979 (Public Hearing) The Planning Commission duly held a public hearing on October 17, 1979 and made the following recommendations to the City Council: 1. To rezone the subject property from R-lA Agricultural Residence District to P-1 Planned Residential District. 2. To approve the preliminary development plan including the subdivision with the condition that no lot be smaller than 11,700 square feet. 3. To delete the southerly three accesses from the plan as proposed. 4. To amend the preliminary development plan to delete the access option A & B on the north side of the American Lutheran Churuch property and endorse option C accessing onto Pleasant View Road. 5. To adopt staff recommendation to have the pedestrian way separated from the street. 6. Thatthe street widths as shown on the plat be accepted. 7. That the preliminary plan be accepted as shown on Planning Commission Exhibit A (10-17-79) subject to the above conditions. Action to Be Taken The action before the city council at this time is to formulate a decision approving, disapproving, or modifying the preliminary developmex plan proposed. Through the preliminary development plan review process, the proposal is examined in the context of its compatability with the overall community, the city's ordinances, plans, and policies as well as its viability as a land use district. The council, through its preliminary development plan action, will be directing the applicant as to hoer the more capital intensive final development plan stage of the process is to be completed with regard to land use, density, and transportation circulation. Recommendations I recommend that the City Council approve the preliminary development plan, rezoning, subdivision, and conditional use permit for the subject proposal conditioned upon the following: 1. That the City Council include the conditions recommended by the Planning Commission at their October 17, 1979 meeting, and also the conditions outlined in the Planning Report of October 15, 1979 and August 28, 1979. 2. That the applicant be required to install concrete curb and gutter on all streets within the plat. 3. That the applicant be required to dedicate sufficient right-of-way as determined by the City Engineer to accommodate the pedestrian way as shown on Exhibit A of Planning Commission meeting October 17, 1979. 1 WIL._I'" . SC DELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL ROONEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN Pflaumwell 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Mr. Mike Pflaum Dear Mike: SCHOELL & MADSON, lNc. ENGINEERS AND SURVEYORS :612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS October 31, 1979 Subject: Chanhassen Standard Street Section As requested by your phone call of this date, I am sending you the dimensions and specifications for a typical street in the City of Chanhassen. Width 32' Face to Face Curb S-5 Style.Mountable Curb Thickness 1 2341 Bituminous Wearing Course 2" 2331 Bituminous Base Course 6" Class 5 Modified Gravel Base I am enclosing a detail of the typical mountable curb. Should you have any further questions, please contact this office. DLCampbell:mkr enclosure cc: Mr. Don Ashworth Very truly yours, SCHOELL & MADISON, INC. a& W 4�lr "4 United States �a department of Soli 233 South Agriculture Conservation 11ve Service County Office Building WaCOnia, Minnesota 55387 May 26, 1983 Mr, Bob Waibel, Land Use City of Chanhassen Coordinator 7610 Laredo Drive, P. 0. Chanhassen MinBox 17 Minnesota 55317 RE: Final Development Plan � Amendment Request Near Mountain, p Lundgren Bros. Inc. Dear Mr. Waibel: The Near Mountain PRD was reviewed The proposed amendment does by this office in October Contact me at 442_2614 if not require an 1980. report, You re Y changes to that report. quire a copy of the October 1980 Since ely l f I Stanley Wendland District Conservationist Z7 MAY Z : 1983 O The Soil Conservation Service Uis an agency of the Department of Agriculture SCS-AS-1 in CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss COUNTY OF CARVER ) Bob Waibel, being first duly sworn, on oath deposes and says that he is and was on May 26 lg 83 the duly qualified, and acting City Planner 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 final development plan amendment, the Near Mountain P.R.D., Lundgren Brothers, Inc., Chanhassen, MN 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 mail 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. ABobaibel, City Planner Subscribed and sworn to before me this _ 'b1 day of 1913. Not ry Pu i '� .,� KAREN J. EN� "!_HARDY X NOTARy ftSLIC NESOTA CARVE: ATY " MY lion s t. 11. 1985 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR FINAL DEVELOPMENT PLAN AMENDMENT, THE NEAR MOUNTAIN PRD,.-LUNDGREN BROTHERS, INC., CHANHASSEN, MINNES0 A. NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday the 8th day of June, 1983, at 7:30 p.m. at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider a final development plan amendment to change the designated land use for a portion of the Near Mountain Project from 36 units of fourplex to 31 small lot detached single family residential units. The area for which this plan amendment is proposed contains approxi- mately 7.8 acres lying in the southwest corner of the intersec- tion of Townline Road and State Hwy. 101 (see attached map). A plan showing said proposed final development plan amendment is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. By Order of the Planning Commission Bob Waibel,� City lanner (Publish in the Carver County Herald May 25, 1983.) 0 O 0 0 co CHRISTMAS LAKE 131 --j SDI all UPPROW 0 F 0 0 0 0 0 0 C\j 0 C) HENNEPINI COUNTY CARVER COUNTY Area of proposed Final Development Plan Amend- ment. Near Mountain PRD. Lundgren Bros. Inc. LU Uj UJ -j > q 0 PARK Q. A 0 7US V-- H OF X L A KE H D: DR F_ Attachment- #1 1400 C) SARA r C, a: C) Lai M LE Id DXzo ZDEA - 0-0 -10u 3 TJ ma DXZQ nzXZ� ZAEA --1O-0 \-af�D mAm� r3rILA v 3Xmo DXzo ZDEp D C Dmz0 �'� A rnn� 3vrn 1p �xzo oznv ozna arrnZo �-� a 1, rn»A ° rn mm '� m� vA3� vAAo �'rnZv am n y l7 rn 13 �1 ry 0 = ;a CD m > a m m Cl mm m HI-+F�1 AO W 3Pgg0 W C. 3h�33F+w 171 3F+L� F+ Z.q aa, Z -`nnN� ZozZo.P H 000�0.& 3rm(_tiw 3� ro V w rn � m m ono w z z z S Z n~i Z 2 n~i Z I, ;a 3 r`0-� �` l7 .p m m pry, w -4W F• '4 mM.pw rn ZOO O rOnD OCv'O 1 "1 --1--1 H O�y�H H M012 .W ;a ;a 0D H Z2OO 1'+ QC6p w >Zrnt,?NF+ XZrr.Nl-+ Z>zz H ZO�F F+ O-q C 1"' Zri33 P a� OV D-[NNC V XrXx<F+ X. 203NI F+ ZO00 1 ZORo W Z I 11Z 1 DraAn V n-irr0 V 'Tr- n-iH NCC H 'OO-zCnNi z�='AZIv 3-mCmmr I Ovvg 1 aZavp.v ZZ N Znvv-<N Z CCrnN 3ZDDZN rC Z I Nm V v-iZA W ZZt7n ry 3HNmZN NZ H, I-, IV I n H O W v 1 p o w M Z Z j W r x X r Z fZT n b r ry P -1 Z Z w H Lq F O N -n 00 wIm M;o �O lnm ern W lJlovrZ W NMA� 41 W N F m A w rn m o N E o UT m 00 w 47 W w W W rnm N 4.1 - Too W zla CCIxon co x W m V W v F rn CD H N z rx7 N x rn. Z Z m .o H 3PC.Now 3F'XXZ Z zmN 4.1 HODm OaF+ F 2�HN W 3Pvgo f"? Z PmCP ZO)7_lbN A F.i F+ W 31-+C.. t_F+W Q m NmPw M V rn�ZOZz ZN17;p F+� H`O 0010A H'o> qHW V Z OCrZ ~ -i -{ vF, M�Omrn w r+Zi V-O.1-0'iV w Zt''ZZN ZCD CDH O-"{G xZz NFH-� OC2F I 0<00 II OH-C �' -I NkoAry~ 00v q47 m Xr-n;o<t.., Z>zz F• OH D n y Fj Z V D r N a V b r D D M z rn 3 3< N Z O n X N 0 1 N N I -�i 0 zmC3mz mEr�r 1 m V AS XErr-4F-� ZpCC F+ j� ZOO-i-CN 3'-CCSrN Z-tmrn 1 HXXH >zF-400 V xx0 n-Ii- m ZH Z ArnrnN M. 3rmmrnN r7Cz 1 �'Z7c XO V O�3 rZo w A(7a7 jW Zgan_ ry ZrHH N ZHm> m 3rEEZN tJl O W Hx O W HZZ w �251xiw ZX ZH m� O u+m; A tm<TT W v rW 171r AoH W Z mrly %pH ., O W vi C W MM;u O W r knMC:Zrn m �ZW NZ W vi W -P w mrn m f` 00 W vDT�O VI r'm0 r- or) 0 w 0 f mvo yw. �o N3 a C: W N w vN i-4 n r) O xx z N N m m 3 F3jp�y 'MF-w :xOl L4 zr 4.1 Z.p AIM .p HI"r P H �QHH w mm�LPw Z VwZ�Ou Zozz ZIH�C�P+� 13id�H -C,, 3F+D7rF+w 1. rn 0 Vw moZZ Z -Ow�r~ ZrrmF+ 2osZ~� dF+ �omrn w m mn�Ow ZF''r." H Z O v m I... -1 ..{ F.,l F+ rTI W H n N W O C r � X�0<-4F+ ZZrin F+ O<00 I 00HrT 1 DZ F+ mcC�cw aZr£'O V XZm_ZNI-�rzZ ZZ 7� N 0-13q r o H F I _ 7C F+ O -1 m z ZSnzry j DzN p'mDA V L m�m< 7ZCEmA--I F+ Z�1»ZZ F' mXxrry Zb-�j-i^tN Z -<C N 3HAAmni arpz. ox f DZ=KO_ V rn Hw p ann ZrrnZ N 3HZZZN 3i-Irn3Z V1oZ mw ow AZZ w rm 2 Zz0rirN ZZmDZN Vines O N VI w :iJn H W A-iM W fl7ANr In 0Z r OH W oc�i oul .W oo w rnm o Vt ro vioor-m W IngomZZw W 2 P w ro w m m O w A o W Z �1 00 O m O v o kn A o A on o W 'O w O T W A O o FC] x W m sz Z nZ 00 rn - v H Nul N w W 41 O F+ %.., a a Ak . A. - z 0 CL H H L H O J LL H xx r Z uiW O I- aw ro DZ IL a 0 U t N t O M C. 111 co L11 O N N W Z -1HYL N 4 N a N W iJ lL! W H ID J r 1 N O J Q 1 -) H Ix O J 13. O o w Ln Z rl 0NOw 10 y � Q W cz LY F O nano a Z LU n.waa.w aZx 0Fa< Z N O F O W W m LULU W H H 4 O Z \ wo W F M F- a I- ona � x coiNN U S ar-r 4 M W W LLI �alr a a a nay H H o 0 < Lu �n La a O V a !H- Oa. 1L LU LU uj N�OJ I., f" C.10rw p LL Z Z m LLI H D n F 0 U ¢ aoao i H W W I-rzJ r F w 0 H w Z F-NwY UJM1--} U a L W LL 1L H M- O O if 1s AMk Official Publlcatlon) CITY CARVER AND HENNE N CRV R AND N designated land use for a portion of the Neaz Moun- tain Project from 36 units of fourplex to 31 small lot IN SOTA NOTICE OF 1'CEL� HEARINGTFYIR detached single family residential units. The area for which this plan amendment is FIIYAL DEVELOPMENT PLAN AMENDMENT, THE NEAR MOI1YIAfN PRIG. LUNDGREN proposed con - tams aPProximately 7.8 acres lying in the southwest corner of the intersection of Townline Road BROTHERS INC., ( iiANIiASSEN, MINVFSOTA and State Hwy. 101 (see attached map). A plan showing said proposed final NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Chanhassen, development Hlan all. amendment is available for inspection at City All Persons interested Minnesota, will meet on Wednesday the 8th day of June,1983, at 7.80 Pm. at the City Hall, 690 Coulter Drive may appear and be heard at said time and place. By Order of the Planning for the Purpose holding a public hearing to consider a final development plan amendment Commission Bob Weibel, City Planner to change the HENNEPINI COUNTY CARVER COUNTY .. ^ �-� . / r r ) 1, (Pub. Carver County Herald May 25, 19831 )f Publication SS. being duly sworn, on oath says that he is and during Printer of the newspaper known as the Carver County Herald and ;aid newspaper is printed in the English language in newspaper for- nted space to at least 1,200 square inches. (2) Said newspaper is a 50 weeks each year. (3) In at least half of its issues each year has no A advertising material and paid legal notices; and in all of its issues Led to news of local interest to the community which it.purports to advertising column inches in any issues wholly duplicates any other ,cognized general news services. (4) Said newspaper is circulated in y delivered to paying subscribers and has entry as second-class mat - is its known office of issue established in Carver County in which lies of each issue immediately with the State Historical Society. (7) Said ices to any person, corporation, partnership or other incorporated applicable payment. (8) Said newspaper has complied with all the ine year last past. (9) Said newspaper has filed with the Secretary of .ch January 1 thereafter an affidavit in the form prescribed by the er of said newspaper and sworn to before a notary public stating that —hereto attached as a part and was printed and published therein in the English language, once as first so published on Xed the 25—tlaa3• of —Ma'?d to and including the day of ,19_ and e alphabet from A to Z, both inclusive, and is hereby acknowledged as ition and publication ol, id notice, to wit: dghijklmnopgr:,:, ;xyz U d WF, Notary publi CAK `Je Co ty My Commission Expires t- 19�I2 CITY Or CHANHASSEN RCI_IV') MAY 2 61983 � (t MMUNI T Y DEVELOPIMEN T DEK1 City of Chanhassen '_�' CQMMMity Development Departure 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 Date: May 24, 1983 To: Development Plan Referral Agencies From: Chanhassen Community Development Deparim t Bob Waibel, City Planner Subject: Final Development Plan Amendment Request, Near,Mountain, P.R.D., Lun gren BLothers, Inc. Planning Case No: 7 9-2 PUD The above described application for approval of a Land Bevelo�n t proposal was filed with the Chanhassen Conammity Development Department on May 11., 7 g 3 In order for us to have the benefit of as application, we would like your agency to as is applicable to your agency, and make We are particularly interested in matters general welfare. much information as possible concerning this review the enclosed development plans insofar any comments you might have on this proposal. which affect the public health, safety and Specifically, we would appreciate your comments and recorcunendations concerning the Of this proposal on traffic circulation, existingand g impact storm water drainage, and the need for acquiring Proposed future utility services street extensions or improvements, and utities.p where specific or easements for park sites, exist, we would like to have a. written report to this effect from theda en Problems that we can make a recommendation to the Planning Ccnrai.ssion and City CouncilcencaTpa.ssing ern these needs. This application is scheduled for consideration by the Chanhassen pl on June 8, 1983 at 7 : 30 anning Comatissionp.m_ in the Council Chambers at Chanhassen City Hall. In order for the Community Develo thorough review of this application for the pment Department to prepare a receiving your comments by no later than June 3 1 983d Council, we would appreciate You may also appear at the planning Can ission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Devell',L=ent Plans DISTRIBUTION: Cit En ineer Riley Purgatory J y g Watershed D:Est. Engineer 41, M Dept of Natural Resources �:lCity Attorney r6� Soil Conservation Service U= T hone CompanyCity Park Director L.8! MN Dept of Transportation I1 or United) Fire Department �! U. S .ArRTY V� aunty Engineer (�.0� Minneg oCorps of Engineers 4Z Electric Company or MN Valley Co-op) File: Catmunity Development Department Form No. 81-10 Agency Referral 7/1/81 City of Chanhassen • - PICOMnunity DeveloPUlent Department 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 93�-1900 Date: May 24, 1983 To: Develognent Plan Referral Agencies FYcm: Chanhassen Camunity Develo I.anent Department By: Bob Waibel, City Planner Subject: Final Development Plan Amendment Request, Near,Mountain, P.R.D., Lun gren Brotners, nc. Planning Case No: 79-2 PUD The above described application for approval of a land develo�n th'e Chanhassen Ccnirnznity Development. De May 11 1983 Proposal was filed with Department on Y In order for us to have the benefit of as much application, wagency t e would like your a information as possible concerning this as is applicable to your agency,o review the enclosed development plans insofar We are particularly interested in matter which aany ments You t the might have On his ro P posal. general welfare. Safety and Specifically, we would appreciate your comments and rec of this proposal on traffic circulation, existin emendations concerning the impact Storm water drainage, and the need for g and Proposed future utility services, street extensions or improvements, and uttilities.Public l elands or easements for park sites, exist, we would like to have a. written report to specific needs or problems that w� can make a rec p° this effect from the agency concerned so onurendation to the Planning CcgrQnission and City Council enc�aassing these needs. This application is scheduled for consideration by the Chanhassen Plan ^ on June 8, 1983 at 7 : 30 g Ccmnission Chanhassen City Hall. In order for the C p.m. in the Council Chambers at thorough review of this application for Ccceluniry Development Department to prepare a receiving Your comments b no later C�tussion and Council, we would appreciate You may also a Y than June 3 , 1983 Y appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Develot Plans DISTRIBUTION: - _- -- �i City Attorney City Engineer j,� Riley Purgatory _/ Watershed D.Ist. Engineer Gk M Dept of Natural Resources Soil Conservation Service City Park Director ice= �T-�p hone Company � Fire DLp� t t MN Dept of Transportation Gi ll or United County Engineer �'95- U.S. Army Corps of Engineers Electric Company , 1�'° • Minnegasco or MN Valley Co-op) File: Ccnzrnmity Develogrent Department Form No. 81-10 Agency Referral 7/1/81 LUnDGREn O CTRUCTION BROiI 935 EAST WAYZATA BOULEVARD • WAYZATA. MINNESOTA 55391 • (612) 473-1231 May 16, 1983 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Addendum to Plan Amendment The Near Mountain Project Dear Sirs: As a result of meetings over the past week with sales and marketing consultants, the Near Mountain Partnership I wishes to amend its sub- mission of May 10, 1983. The original Amendment submission had indicated 35 "small lots" single family homes with a lot width dimension of approximately 55 feet. After careful review by our marketing consultants, we have concluded that it would be advantageous to increase the average lot width to approximately 65 feet - 67 feet. In so doing, the number of units that will appropriately fit on the site has been decreased to 31. In Summation: 1). The original Planned Residential Development Plan had been approved for 36 "quad home" type units on this 7.8 acre site. 2). Our plan Amendment would now call for 31 "small lot" single family homes on lots which average approximately 67 feet in width and 125 feet deep (approximately 8400 square feet lot sizes). The "small lot" single family home being proposed would be approximately 1600 square feet with an attached double or single car garage. This type Of unit would require a 5 foot side yard setback on one side and the standard requesting0afoot frontlde yardard setbackack on the of 25 feet. We wo A Os M H �. �H ASSEN RECEIVED MAY 17 COMMUNITY DEVELOPMENT DEFT Mr. Bob Waibel City Planner City of Chanhassen Addendum to Plan Amendment Page 2 In consideration of the style and type of neighborhood this will be, we also propose utilizing a 40 foot right of way for the three cul-de-sacs. On this 40 foot right of way would be a 26 foot wide (curb to curb) roadway with parking allowed on one side only, the cul-de-sacs would have a right of way diameter of 85 feet with a road way diameter of 75 feet. It has been our experience that this roadway size is appropriate for the scale and character of the neighborhood and also that it will decrease the amount of storm water runoff in the city's system. Overall, it is our opinion that the amended proposal for 31 single family detached units should be more desirable to the surrounding neighbors than the 36 quad units previously approved. As always, in the event that we can be of further assistance, or you Should have any questions, please contact us. Respectfully submitted, LS for the Near Mountain Partnership I Dennis L. Mulvey A.I.A. DLM/pm Enclosure, Revised drawing 1 nZ I Oi diO. 0 O L _ _ 135_DO _ � r-so^ia55=13- i __---------- ' 1 10 ,r roI NW�N \' iOv 0 O O �0100 1.0 =I : lob f35_00 p p 4__--_ fm koo -.i� � L '� 0Eo �.. _24951 C=246. _ \'�, VyZLO s6 R_4 53 30°44.37" .. i �`�4Zd`y -�- �m. ni'�A2"+d b� G 2S,imy:i'o.�is'' osdo \ s �> �js:9, ve of _p0 .:�\„� •4.2,29\ ZFa:a�Z9y Qg1= .OUTLOT- E °fiL05.00 2 _,. :.54'371 l0 C= aS Pti O so O \O �pA I26 40 fI Gi\��,.°po O,L�7^ O\ O.I _1b N.. �11 y DO s>. m -.. .0 u .0 40�3 2 e w Coll°a �� Doti -0?^ 34, 9S PLO' `¢¢�o ' •0�„° O. _ C: 00 %✓..":'„ �. Nry >. 0 \ v i a: W 0., Ate° G 3 ) 00 m O^ 30 '7 w $.o m� 6. O,." �'C.`+v Ed C-9'4147•: Agvv n /° /pwro 4'O,* prO/ '.\J3o :�t,>�2 sy. 2q,• m a wy> �.0 °O `'P 4,0 -e a \ `• O N 9,Oq ` �i /'oo Q-0 `.... C( ~ io ro v xo. \ Om 'y0C/300%•Fi C'/ w£�ayti'I;Z�^//;i:6°'00 N c, o.�`.o /��'�`� so. ry�0 o' A p4r �^ ! �� W ,/ OD ".. �Pn_ :J rS0°5844'W {„gyp AC-u;a a`mf• 8i �� ?\� 74^�� t00` � IO W _ m`i.cnN 6 pl 70_' Q - ----L_55.00 oD�O N3°31b8"{,/. 1 % / b y° 2•"//C:f8.8f ,- .:� C=54.97 02I; -_ 133.87 __' _3 y� i fL�;L / /QC-4T 48 M H r� 46'37=..: -- -1 �ti yi i CA ; •� '9 W 50.00 i.55 A p .m°o - SSa4T'53"E o o sil t I 9\ .O ' 10 O N IA C-fO.. ...... 0 _ \ 5 \ IO �3O '30' 176.10-.. -... 1 O fl� N 0 Cy 0Cb �•, a �-0 a O Q g m �w O _ m U o $ lb 4f^ AOZ.y / L=35.97 V a I ..ice _ 45 `31'05"N 7tp 485.00... �� LEGAL DESCRIPTION Lots 1-5 Block 7 Lots 1-10 Block 8 Lots 1-6 Block 11 Lots 1-6 Block 12 Outlot "C" Of the approved Preliminary Plat April, 1981. CITY `OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bill Monk, City Engineer DATE: May 13, 1983 SUBJ: Sunnyslope Addition (Alan Gray) It was my understanding, that since the improvements in the above mentioned subdivision were completed and accepted as meeting the approved plans and specs, the attorney was to release both these lots. The attached cards would indicate that the lots have not been released so I am bringing the matter to your attention. cc: Kay Klingelhutz, City Treasurer MEMORANDUM TO: City Engineer, Bill Monk Developer, Allen Gray FROM: City Manager, Don Ashworth DATE: May 18, 1983 SUBJ: Response to Above Memorandum It was the City Attorney's opinion that the City had the right to withhold the release of said lots until payment of back taxes was made for all of the property within the Sunnyslope plat (see attached minutes where City Council requested that such be completed). Accordingly, the City Attorney has withheld the release of said lots. This memorandum, including all attachments, is being sent to Mr. Gray. Mr. Gray's copy includes the pro- perty tax statements as received from the Carver County Assessor's Office. Council Meeting April 1982 - 2- Councilman Neveaux moved that the Council of the two plans for the proposed Fox Chas that were applied to Plan A, along with staf Commission recommendations as setforth in t 1982. Motion seconded by Councilman Horn. Hamilton, Councilwoman Swenson, Councilmen negative vctas. Motion carried. f h consider Plan B as the more preferred e Development including all 20 conditions recommendations and Plannina e City Planner's report of April 9, The following voted in favor: Mayor Neveaux, Geving, and Horn. No Councilman Geving moved to approve the amended final development plan for Fox Chase, noted as submission packet #2 and preliminary plat as designated as Exhibit A, City Council meeting April 26, 1982, subject to the 20 conditions of July 21, 1980, and as subsequently modified, including the staff and Planning Commission recommendations shown on the April 9, 1982, memorandum from the City Planner to the City Council, and the minutes of the City Council meeting dated August 10, 1981, and incorporating findings of Section 14.05, 5(c) of Ordinance 47. Motion seconded by Councilman Neveaux. -The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. NORTH LAKE SUSAN IMPROVEMENT PROJECT, WELL #4, PUMPHOUSE PLANS AND SPECIFICATIONS: RESOLUTION #82-19: Councilman Neveaux moved the adoption of a resolution approving the plans and specifications and authorize the City Engineer to advertise for bids. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. GENERAL MUNICIPAL STATE AID FUND: The City Engineer recommended the Council establish a General Municipal State Aid Fund into which all state aid construction funds are deposited and then can be released for the following purposes as approved by the Council: 1. MSA construction projects. 2. Feasibility studies for designated MSA streets. 3. Assessments on City property for improvements resulting from MSA projects. Interest Generated from the fund can be used only upon Council authorization. The Engineer recommended that the City as a whole should receive some benefit from the interest; i.e. small drainage projects. Councilman Neveaux moved to accept the recommendation of the City Engineer to establish a Municipal State Aid Fund. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen t-leveaux, Geving, and Horn. No negative votes. Motion carried. STORM SEWER IMPROVEMENT PROJECT, CPT, DESIGNATE ENGINEERING FIRM: The City Engineer recommended the Council retain Consulting Engineers Diversified, Inc. for this project. Councilwoman Swenson moved to retain Consulting Engineers Diversified, Inc. for the CPT storm sewer project. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. REMODELING BUDGET REVISION, FIRE STATION #1: Councilman Neveaux moved to accept the City Manager's recommendation and increase the previous allocation by $880.00. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SUNNYSLOPE ADDITION, ACCEPT IMPROVEMENTS AS MEETING DEVELOPMENT CONTRACT REQUIREMENTS' The City Engineer and City Planner have reviewed Council Meeting April '---�`, 1982 - 3- this project and recommended that the City relinquish title to Lot 11, Block 1, which was held in escrow pending project completion. Councilman Geving moved to approve the release of Lot 11, Block 1, subject to review by the City Attorney concerning the lot retention in regards to payment of delinquent taxes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Horn and Geving. Councilman Neveaux voted no. Motion carried. Councilman Neveaux - I voted no because 1 ink we already have a development contract with the individual a there are many, many developers and other people out ther that have delinquent taxes. I think it's kind of a double stai-,da rd . "NO PARKING SIGNS" WEST 79TH STREET: Mayor Hamilton asked if all signs have been installed. The City Engineer stated that all signs have been erected and the police have been given a copy of the Council Resolution authorizing no parking along the street. ANIMAL CONTROL: Mayor Hamilton asked that a representative from Eden Prairie attend a Council meeting to discuss this program. MAYOR'S RESOLUTION #82-20: Councilman Neveaux moved the adoption of a resolution requesting: the Federal Government take whatever steps necessary to stop the nuclear arms race. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson abstained. Motion carried. Councilwoman Swenson - My reason for abstention is that I am in complete agreement with this but I would be much more impressed if I could see a resolution being passed on to the Russian people. SPECIAL MEETING DATE, FIRE DEPARTMENT RELIEF ASSOCIATION: Mayor Hamilton requested copies of the relief association information prior to the meeting. The special meeting will be held May 10. Councilman Geving requested a comparison of salaries with other communities. LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNANCE: A meeting will be held May 5 at Shakopee Junior High chool to hear testimony regarding concerns about regional government in the Metropolitan area and on the Metropolitan Council. A motion was made by Councilman Neveaux and seconded by Councilman Horn to adjourn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 10:50 p.m. Don Ashworth City Manager PROFVACANT LAND r=Rr( CLASS REC NWJH ESTEA[),. LOT-010 BLK-00.1 SUNNY SLOPE A00N MAY I CHANHASSEN MN ZWED 55317 CITY OF CHAN HASSEN PARCEL CITY OF CHANHASSrx 690 COULTER DRIVE • P.O. 8OX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 22, 1983 Mr. Sherman Goldberg Lundgren Brothers Construction Co. 935 East Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Goldberg: Although you were in attendance, this letter is to represent for- mal notification that the City Council, at its meeting of March 21, acted to deny the request to abate the 13 sewer and water lateral assessments as levied for the East Lotus Lake Improvement Project. Instead, this office was directed to work with you on a method of spreading the assessments consistent with Section 4.11 of the development contract. This spreading could well include all the properties within the Near Mountain holdings but must be initiated by a written request from the owners. Should you have any questions concerning the above described actions, please let me know. Also, the Council did direct staff to place final resolution of this item back on a future agenda for their review and approval. Sincerely, William Monk City Engineer WM:k CITY OF a CHANHASSEN 690 COULTER DRIVE i P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bill Monk, City Engineer DATE: March 3, 1983 SUBJ: Assessments on Near Mountain Property As a part of the East Lotus Lake Improvement Project, sanitary sewer and water lines were installed in Pleasant View Road adja- cent to the property referred to as Near Mountain. The property was subsequently assessed (see attached roll) based on standard methods for determining lateral and trunk benefit. As noted in their letter of February 15, Lundgren Brothers has requested abatement of the 13 lateral assessments as originally levied because they propose to provide utility service to all their lots via improvements constructed within the plat. To assist with review of this item, a copy of the first phase of the Near Mountain plat is attached as it abuts Pleasant View Road. Section 4.11 of the development contract as sent by the City to the Near Mountain developer states: "Outstanding public improvement special assessments (including interest) as originally levied shall be split and assigned to the benefitting lots within the final plat so as not to impair the existing repayment schedule." This section was included in efforts to avoid this very arguement which routinely surfaces with assessments originally levied on unplatted property. In past instances of this type, the Council has reasoned that the assessment criteria establishes a con- sistent benefit predicated on some minimum development. This benefit basically equals the cost of extending service through or adjacent to any parcel of land. Whether the owner decides to develop in this minimum scale or use a grander scheme, the cost of servicing the property remains unchanged. As previously stated, this situation is not that uncommon and could easily have a negative impact on the bond repayment sched- ule for any improvement project. With this in mind, I cannot Mr. Don Ashworth -2- March 9, 1983 recommend abatement of any assessments as proposed by the devel- oper. Further, I recommend the Council inform the developer of its intention to redistribute the lateral and trunk assessment balances consistent with Section 4.11 of the development contract upon the filing of the final plat. t Action by City Adminis£r aW Endorsed . _.-- Vodified Reject Doc�__.� Date Subrrii#£d #o C~si©A' I,[cu n L711ACH IT Y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 1, 1983 Mr Sherman Goldberg c/o Lundgren Brothers Construction Inc. 935 East Wayzata Blvd. Wayzata, M 55391 Dear Mr. Goldberg: As per our previous conversation, it is not standard practice for the City to delete lateral or trunk assessments based on the final plat layout. Instead, the City uses assessment criteria in efforts to determine the level of overall benefit derived by unplatted property adjacent to utility service extentions. As I view the situation, that overall benefit has not changed, but I have tenatively scheduled a Council review for March 21. As the agenda is prepared, I will contact your office. Should you have any questions in the meantime, please let me know. Sincerely, r - William Monk City Engineer WM: n I-) —IN LUnDGR(n TRUCTION BROSnC. 935EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 February 15, 1983 Bill Monk City Engineer City of Chanhassen, 690 Coulter Street Chanhassen, MN Re: Near Mountain Assessments Dear Bill: In accordance with information supplied by Dale Campbell of Schell and Mattson, in a letter date January 3, 1980, the following estimates where assessed to the Near Mountain properties as part of the east Lotus Lake area assessment row: 13 Sewer laterals @ $2,914 each = $37,882.00 13 Water laterals @ $1,968 each = $25,584.00 55 Sewer trunks @ $706 each = $38,830.00 55 Water trunks @ $602 each = $33,110.00 These assessments were placed on the property in 1977. At that time I'm sure the City Council made their best effort in trying to determine how the -property would develop. Subsequently the City Council has approved the preliminary plat for the entire Near Mountain Development together with the final plat for Phase I. As you are aware, the platting arrangement does not include any lots with frontage along Pleasantview Lane for which 13 lateral sewer and water assessments were placed on the property in 1977. Because we are going to construct sewer and water laterals on Near Mountain Boulevard we will not be benefiting from the sewer and water laterals as assessed per the east Lotus Lake project. We are therefore requesting that these assessments, 13 sewer laterals = $37,882.00 and 13 water laterals = $25,584.00 be abated. We feel that this is a reasonable request, since the property is not benefiting from the lateral improvements. Would you please advise me as to when we might discuss this with you and the City Council. Yours very truly, Sherman L. Goldberg, P.E. Division Manager, Land Development SLG/pm F E 8 % 21gB3 CITY -OF. 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' a 9 iti h°J k2•,::' s. \ D` : , �� q i- O Yin J f£'LIZ:7.....: 01 ....' 0 00 8 11 SOy,b•dsO�rs . 3 1011 ,jeT C`ahy hbk '� k ,rLE.4%0 D-"cp \ .. £q9bL-p IS-6tid=� ' -•` �jo9°9 �;� a.Q'y� k'L.'� i �:' �. `"�" e� i ZQ y�7„�'1" ro yi � py h h a e1 • 1, O '' 1� , ti po" d o d d rQ 1\ �.?a^\ M CL. moan o� 80 OI 'P C` ------4S G I °n� a`NN 2 ; 1'• ': ��ASS BZ°OS s 1� N 0 ♦.. �N 00 0Ol 1� O: rt1 QI O N O p OI �I �3rrSS,BZo OM--� N��N N NI . sxl __CL-5s,ezeas_J I sz Ov I n co � �� 10 a'•° jp" m I `r 1 d3 G Ob b'1, M Oj rnl (U Asa r DcjO.2j2 O`OTG\o o 'y'-e all N� �. _ N Metropolitan Counc'll 300 Metro Square Building Seventh and Robert Slre`Is St. Paul, Minnesota 55101 elep: ,one (612) 291-6452 Office of the Chairman February 11, 1983 Thomas T. Feeney, Area Manager Minneapolis -St. Paul Area Office Department of Housing & Urban Development 220 Second Street South Minneapolis, Minnesota 55401 RE: Subdivision No. 4577 Near Mountain Chanhassen, Minnesota Metropolitan Council Referral File No. 10943-1 Dear Mr. Feeney: At its meeting on February 10, 1983, the Metropolitan Council considered the above federally guaranteed housing program application. The Council found this project, as submitted, is consistent with the Council's Housing Review Guide- lines and other applicable chapters of the Metropolitan Development Guide. A copy of the Council's detailed comments on this project is attached. I call your attention to the summary and recommendation section of the report. Also attached is a copy of a letter from the Metropolitan Waste Control Commission commenting on this project. Thank you for the opportunity to comment. Sincerely, METROPOLITAN COUNCIL n n erald J. Is acs Chairman GJI:dh Attachments cc: Near Mountain Partnership I Don Ashworth, City Manager, City of Chanhassen Bernard-J. Harrington, Director of Engineering, MWCC Wayne Nelson, Metropolitan Council Staff RECi�Ev �►� FEB 14 1983 CITY OF CHANHASSE�41 An Equal Opport�_nrfy Employer COMMENTS AND RECOMMENDATIONS OF THE METROPOLITAN COUNCIL Name of Project: Near Mountain Council File No. 10 943-1 Municipality Chanhassen County Carver Council District 16-- Applicant: Near Mountain Partner. I Approving Agency 'D FHA (4577) I. Description of Project: Program Category Designation: Subdivision Feasi atii� — �, %o Number and Type of Units: 134 single-family lc _ Purchase Price or Monthly Rental: $25,000 ��•�� _ II. Proposed Project Will be Located Within: Pre-1980 Urban Service Area X 1981-1990 Urban Service Area Freestanding Growth Center Rural Center Rural Service Area III. Relation, to Local Comprehensive Plan and Review by Local Community: Yes No Local comprehensive plan reviewed by Council ............. X Local comprehensive plan found consistent ................ X Project compatible with local comprehensive plan ........... X Project reviewed by local planning commission ............ X All necessary municipal approval granted ................. X IV. Availability of Services to Site: Sewer Service Central X Individual Water Service Central -I— Individual Metro highway system entrance within three miles ......... X Mass transit within 1/2 mile X Park Area within 1/2 to 1 mile ........................... X Shopping centers: Neighborhood (grocery, drug, laundry, gas) within z mile X Community (variety, clothing, restaurant) with 2 miles.. X Regional Ctr. (diversified services) within 10 miles.... X Day Care within 8 to 10 miles .......................... X Health Care facilities within 30minutes ................. X V. School capacity adequate to accommodate additional enrollment generated by proposed development ............. X VI. Development Will Adversely Affect the Following Policies or Systems: Yes No Environmental ..... X Development Framework. X Transportation .... X Airports ............. X Sewer.� .. .. X Other Impacts X Parks &OpenSpace. X VII. Diversity of Housing Type and Costs: Will project serve most urgent needs of low- and moderate - incomegroup: .... ... .. .. ..... ....... X Will project ser� veto diversify housing costs in community? X Will project serve to diversify housing type in community? X *See Comments LS582b File No. 10943-1 Comments Near Mountain is an application for FHA subdivision approval. The 147 acre development involves plans for the improvement of 134 lots for single-family homes. The lots are expected to sell in the $25,000 price range. The site is a short distance west of Highway 101 with access from Townline Road. The proposed development is compatible with the Chanhassen Comprehensive Plan reviewed by.the Council, and is located in the Metropolitan Urban Service Area. The proposed site location is conveniently accessible to most necessary and desirable residential services. Central sewer and water are available and metropolitan interceptor and treatment capacity is adequate. Highways, parks, a bus line and health and daycare facilities are available nearby. The site is about a mile and a half from neighborhood shopping facilities: School District 276 has adequate capacity to accommodate the student population that may be generated as a result of this proposed development. No negative impact on the environment or metropolitan services is anticipated if the proposal is implemented. Air and vehicle traffic are not likely to detrimentally affect the intended residential site use. It should be noted that no grading, surface drainage or soil suitability information was provided for this review. Consequently, although no problems are anticipated, any related issues regarding this site could not be evaluated within the scope of this review. The development is not intended to provide diversity in the type or cost of housing available within the community. Recommendation This proposal as submitted is consistent with the Council's Housing Review Guidelines and the other applicable policies of the Metropolitan Development Guide. LS582a-H2 METROPOLINn WAITf6 conTROL CC;t'tlgil ref ion Twin Cartes R February 4, 1983 Mr. John Ratford Referral Coordinator Metropolitan.Council 300 Metro Square Building St. Paul, MN 55101 RE: Metropolitan Council Referral File No. 10943-1 Dear Mr. Rutford: The Metropolitan Waste Control Camnission has reviewed the Application for Environmental Review for Near Mountain subdivision to be located in the City of Chanhassen. Because there is adequate capacity within the Metropolitan Disposal System, the Commission has no objection to this subdivision, provided it is consistent with the City's full Comprehensive Plan. Sincerely, 4Bernar Harri on Director of Engineering BJH:EJB:CLL 350 METROloURRE BLDG. I, 7TH 6 ROBERTJTREET/ lAInT PAUL mn 55101 612 222.8423 ;[. , 11 e tom. CITY OF �0-t�A�w 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 1, 1983 Mr Sherman Goldberg c/o Lundgren Brothers Construction Inc. 935 East Wayzata Blvd. Wayzata, 14N 55391 Dear Mr. Goldberg: As per our previous conversation, it is not standard practice for the City to delete lateral or trunk assessments based on the final plat layout. Instead, the City uses assessment criteria in efforts to determine the level of overall benefit derived by unplatted property adjacent to utility service extentions . As I view the situation, that overall benefit has not changed, but I have tenatively scheduled a Council review for March 21. As the agenda is prepared, I will contact your office. Should You have any questions in the meantime, please let me know. Sincerely, William Monk City Engineer WM:n 3.D CITY OF 12 �-- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 1, 1983 Mr Sherman Goldberg c/o Lundgren Brothers Construction Inc. 935 East Wayzata Blvd. Wayzata, VW 55391 Dear Mr. Goldberg: As per our previous conversation, it is not standard practice for the City to delete lateral or trunk assessments based on the final plat layout. Instead, the City uses assessment criteria in efforts to determine the level of overall benefit derived by unplatted property adjacent to utility service extentions. As I view the situation, that overall benefit has not changed, but I have tenatively scheduled a Council review for March 21. As the agenda is prepared, I will contact your office. Should you have any questions in the meantime, please let me know. Sincerely, William Monk City Engineer WM:n CITY OF CHANHA-so 7 690 COULTER DRIVE A P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 e fN�� A � J March 22, 1982 �A �n r" Mike Pflaum Lundgren Bros. Construction 1421 Wayzata Blvd. Wayzata, MN 55391 Dear Mike: Attached for your review is the development contract for Phase I of the Near Mountain Development. As you will.note, there are several sections left blank that will need to be agreed upon prior to your signing of the development contract. Those section are as followE: Section 2.06 Completion Date and :Schedule.of Work - It is suggested that you meet with Bill and myself in order that a commencement date and completion date.for the construction of public improvements can be agreed upon prior to signing of the contract. Section 2.13 Street Lighting - The policy of the City of Chanhassen has been that the costs for furnishing electrical energy for the street lights is assumed by the City 24 months after the completion of the street lighting system or after 50% of the residences have been constructed, whichever occurs first. Section 2.18 Liability Insurance - As in Section 2.06, this will need to be agreed to between yourself and the City prior to signing of the development contract. Please inform me as to when you would like to meet and discuss the above matters. Sincerely, Bob Waibel Planner BW:nh cc: v{on Ashworth Russell Larson Scott Martin Bill Monk RHL 3/18/82 CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT CONTRACT NEAR MOUNTAIN PROPERTIES PHASE I THIS AGREEMENT, made and entered into this day of , 1982, by and between NEAR MOUNTAIN LIMITED PARTNERSHIP I, a limited partnership of which PETER PFLAUM and ROBERT L. MALAMED are General Partners, (hereinafter the "Developer"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter the "City") ; WITNESSETH, that the City, in the exercise of its powers pursuant to MSA §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein contained, recite and agree as follows: SECTION 1. RECITALS. 1.01. Preliminary Development Plan and Preliminary Plat. Developer has heretofore made application to the City under the City Zoning Ordinance for the approval of a P-1, Planned Residential Development District, including a preliminary plat thereof, of certain lands comprising 147 acres, more or less, identified as Near Mountain, more particularly described on Exhibit A attached hereto and made a part hereof, which tracts of land are referred to herein- after as the "Preliminary Development Plan." Said Planned Residential District encompasses all of the property described on Exhibit A, which is proposed to be developed in separate phases. The Preliminary Plat, more particularly described on Exhibit B attached hereto, submitted by Developer to the City encompasses only Phase I, consisting of 17 single family residential lots, and one outlot, of the development plans envisioned for the said Plan. 1.02. Ownership Interests.' The fee owner of the tract of land comprising the plat of Near Mountain is as follows: Near Mountain Limited Partnership I, a limited partnership. consisting of Peter Pflaum and Robert L. Melamed as General Partners; and Edmund M. Lundgren, Gerald T. Lundgren, Allan D. Lundgren, Michael A. Pflaum, Eugene S. Holderness, David N. Olson, Harry J. Jensen, and Samuel L. Kaplan, as Trustee under the Trust created by J. S. Melamed, as Limited Partners. CEIVEr,') MAR 221982 CITY OF CHAN'rlA6bth 1.03. Zoning and Development Plan. The City Planning Commission duly held a public hearing on October 17, 1979, on the petition of the Developer for rezoning of the tracts of land comprising the Plat from R-lA to P-1, Planned Residential District, under the Chanhassen Zoning Ordinance, and for preliminary development plan and preliminary plat approval of Phase I. Thereafter, the City Council on May 11, 1981, granted final development plan approval, including rezoning of the plat to P-1, Planned Residential District and preliminary plat approval, all said approvals being subject to the terms and conditions of the within agreement and on the further condition that the Developer and Owners enter into this agreement. SECTION 2. IMPROVEMENTS BY DEVELOPER. 2.01. Construction. Developer agrees at its expense to construct, install, and perform all work and furnish all materials and equipment in connection with the installation of the following public improvements (hereinafter the "Public Improvements"), in accordance with the Plans and Specifications. described in 12.02 below, as modified by the Special Conditions set forth in Section 4 hereof: a. Street grading, stabilizing, and bituminous surfacing b. Surmountable concrete curbs and gutters C. Sanitary sewer mains d. Water mains e. Storm and surface water drainage and holding ponds f. Street signs g. Boulevard sodding or seeding h. Driveway surfacing within the public right-of-way i. Underground utility lines, and j. Street lighting. 2.02. Final Plans and Specifications. The Developer shall provide the City with final plans and specifications, including a final grading plan, prepared by a registered professional engineer, which plans and specifications shall be subject to the review and written approval of the City Engineer. Said plans and specifications are hereby made a part of this agreement. Developer shall not make or permit any changes, variations, omissions or additions to City approved final plans and specifications without the written approval of the City Engineer prior to any such change, variation, omission or addition. 2.03. Standards of Construction. Developer agrees that all of the public improvements shall be constructed and installed in accordance with the aforesaid City approved plans and specifications, and that said improvements shall equal or exceed City standards, and that all of said work shall be subject to the inspection and approval of the City Engineer. -2- t 2.04. Materials and Labor. All of the materials to be employed in the making of said public improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developer. 2.05. Staking, Surveying and Inspection. It is agreed that the Developer, through his engineer, shall provide for all staking, surveying and resident inspection for the above described improvements in order to ensure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including charges of the City for legal, planning, engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the bond or financial security to be furnished to the City by the Developer pursuant to the terms of this agreement. 2.06. Completion Date and Schedule of Work. a. It is agreed by Developer that the construction of the public improvements shall commence within a period of not more following execution of this agreement and that construction of said public improvements shall be completed on or before b. It is agreed that the Developer shall submit a written schedule indicating the progress schedule and order of completion of the work covered by this agreement. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council, at its discretion, may extend the date hereinbefore specified for completion and that any bond or financial security required shall be continued by the Developer to cover the work during this extension of time. C. Final approval and acceptance of the project shall take the form of a Resolution duly passed by the City Council, on the advice of the City Engineer. -3- 2.07. Claims for Work. The Developer shall not do any work or furnish any materials not covered by the -plans and specifications and special conditions of this agreement, for which reimbursement is expected from the City, unless such work is first ordered.in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. 2.08. Final Inspection. Upon completion of all the work required the City Engineer, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 2.09. As Built Plans. Upon completion of_the work, the Developer shall have his engineer provide the City with a full set of as -built mylar reproducible plans for City records. These plans shall include the locations and ties to all sanitary sewer and watermain services as well as gate valve boxes and manholes. 2.10. City Disclaimer. It is agreed anything to the contrary herein notwithstanding, that the City of Chanhassen, the City Council and their agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractor, material men, . laborers or to.any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs disbursements, and expenses of defending the same, specifically including, without intending to limit the categories of'said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending such claims as may be brought against the City. 2.11. Boulevards and Driveways. Developer agrees to furnish, construct and install, at Developer's sole expense, the following improvements for the benefit of each lot within Phase I, in accordance with the plans described in 112.02 above: -4- 2.17. One Year Guarantee of Work and Maintenance Bond. All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 112.01 above, which is found by the.City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. The within guarantee of work shall be secured to the City by a one-year bond in an amount specified by the City Council furnished by Developers, naming the City as beneficiary. Said bond shall first be approved by the City Attorney. Said bond shall be in addition to, and not in lieu of, any other remedies which may be available to the City to cure any defects in materials and workmanship. 2.18. Liability Insurance. Developer shall take out and maintain so long as Developer's obligations continue under this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $ for one person and $ $ for each accident; limits for property damage shall be not less than $ for each accident. The.City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City. 2.19. Remedies Upon Default. a. Assessments. In the event Developer shall default in the performance of any of {Lhe covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, or may take action to cure said default, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within sixty (60) days after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. 'S� b. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to compel specific performance, to prevent violations, or to restrain or abate vio- lations of this development contract. SECTION 3. Reserved. SECTION 4. SPECIAL CONDITIONS. 4.01. Trail System. a. The Developer shall donate to the City a perpetual easement for a pedestrian trail system which shall substantially conform to the Preliminary Development Plan previously submitted by Developer to the City Planning Commission on August 29, 1979, and identified as "Site Plan" prepared by Herb Baldwin, Landscape Architect, showing the trail system, ponding areas and a proposed scenic overlook. The trail system shall be eight (8) feet wide, and shall not be placed within the street road surface. The City may activiate the trail system at any time, regardless of whether the phase of the project over which the trail system extends has been finally platted or developed. The obligation to furnish surfacing and to maintain the trail system shall be solely that of the City. -7- b. Outlots B and F shall be dedicated to the City as part of the pedestrian trail system. 4.02. Storm Water Retention Ponds. Perpetual easements for storm water retention pon s within the development plan, including the preliminary plat of Phase I shall be donated to the City by Developer. Said storm water retention ponds shall be constructed in accordance with the specifications of the City Engineer, the Riley -Purgatory Creek Watershed District and the Department of Natural Resources. Said easements shall include easements to the City for ingress and egress for retention pond maintenance purposes. 4.03. Covenants and Restrictions. Any proposed covenants or restrictions to be placed upon the lots in the subject plat shall be approved by the City Attorney prior to recording with the County Recorder or Registrar of Titles. The zoning ordinances and regulations of the City shall govern if inconsistent with said covenants and restrictions to the extent actually inconsistent; but if not inconsistent therewith, the standards contained in said covenants and restrictions shall be considered as requirements in addition to said City ordinances and regulations. 4.04. Setting of Lot and Block Monuments. Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed, in order to preserve the lot markers for future property owners. 4.05. Street. a. The North -South and East-West collector streets within the development plan shall have a right-of-way of 60 feet and a road surface of 36 feet. All other residential streets shall have a right-of-way of 50 feet -and a road surface of 28 feet. All cul-de- sacs shall have a platted radius of 60 feet and a paved surface with a 40 foot radius. b. All streets within the plat shall be constructed with concrete curbs and gutters. 4.06. Street Maintenance During Construction. The Developer shall be responsible for all street maintenance until streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for re -shaping said streets because of snow plowing operations if they are requested and providing snow plowing service does not constitute final acceptance of said streets. 4.07. Street Signs. Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.08. Park Fees. Prior to the issuance of building permits for residential construction within the plat, Developer, its successors or assigns, shall pay to the City the park fee then in force pursuant to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereunder. 4.09. Schoell &, Madsori, Inc. as Project Engineers. Developer shall employ Schoell & Madson, Inc., engineers, to prepare plans and specifications to do staking and to supervise construction on the proposed project. It shall be the final responsibility of the City Engineer to determine the acceptability of the project engineers' design and supervisory work. 4.10. undertL:kirig in Lieu of Bond. The Developer has submitted a proposed "undertaking in lieu of bond" (also known as a construction loan agreement) rather than a performance bond or security deposit to secure performance of its obligations under the within contract. Said "undertaking" is hereby given concept approval only subject to the following conditions: a. All documentation evidencing the "undertaking in. lieu of bond" shall be approved by the City Attorney prior to the commencement of work on the project. b. The City Engineer shall do all inspection of the work. C. No disbursement of funds shall be made by the escrow agent under. said "undertaking" to contractors on pay requests until the City Engineer certifies that the work has been done in accordance with City standards and the plans and specifications. See Exhibit C attached hereto and made a part hereof. 4.11. Landscaping and Trees and Location of Structures. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developer or its assigns prior to issuance of building permits, subject to the following standards and conditions: a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. Oki b. In the event agreement cannot be reached between the City staff and Developer or its assigns, the City shall have the right, at the expense of the Developer or its assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. C. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultation with the City Forester. d. Trees to be provided. Developer shall provide each single family detached dwelling with one boulevard tree of species acceptable to the City Forester and of a diameter of not less .than 1-1/2 inches. In the case of corner lots, one such tree shall be furnished for each street frontage. 4.12. . Compliance with Laws, Ordinances and Regulations; Permits. In the development of the plat, Developer shall comply with all laws, ordinances and regulations of, and secure all necessary permits from, the following authorities: 1. City of Chanhassen 2. State of Minnesota, its agencies, departments, and commissions: 3. Department of Natural Resources 4. Riley -Purgatory Creek Watershed District 5. U. S. Army Corps of Engineers. 4.13. Site Drainage, Waterproofing, and Footing Drains. Individual site drainage, basement waterproofing and footing drains for each residential structure shall be installed when deemed necessary or appropriate by the City Engineer or Building Official. 4.14. Public Improvement Special Assessments. Unpaid public improvement special assessments (including accrued interest) outstanding against any residential lot within the preliminary plat (Exhibit B) shall be'paid in full prior to the issuance of a building permit for any such lot. The term "unpaid public improvement special assessments" shall include: 1. Any outstanding City sewer and water trunk or lateral special assessments 2. Any sewer availability charges due to the Metropolitan Waste Control Commission. -10- W SECTION 5. MISCELLANEOUS PROVISIONS. 5.01. Easements to be Shown on Plat. Easements for drainage, storm water holding ponds, open space, pedestrian walkways, trails, City access to storm water holding ponds for maintenance purposes, and utility easements shall be shown on all final plats to the extent allowable under applicable state law. 5.02. Proof of Title. Upon request, Developer shall furnish the City with evidence satisfactory to the City that it is fee owner of the subject property. 5.03. Duration 'of' Contract. This contract shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this contract. Upon the written request of Developer and upon the adoption of a resolution by the Chanhassen City Council finding that the Developer has fully complied with all of the terms of this contract and finding that Developer has completed performance of all Developer's duties mandated by this.contract, the Chanhassen City Manager shall issue to the Developer on behalf of the City an appropriate certificate of compliance. 5.04. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by. one to the other, may designate any address or addresses to which notices, certificates or othe-- communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 690 Coulter Drive Chanhassen MN 55317 Attn: City Manager To Developer: 5.05. Binding Effect. This agreement shall inure to the benefit of and shall be binding upon the City and the Developer and their respective successors and assigns. Nothing in this agreement, express or implied, shall give to any person, other than the parties hereto, and their respective successors, and assigns, hereunder, any benefit or other legal or equitable right, remedy or claim under this agreement. Dow a. Boulevard sod or seeding, either of which shall be of uniformly good quality b. Driveway surfacing within the public street right-of-way, the materials and installation of which shall be approved by the City Engineer. 2.12, Erosion Control. Developer, at its expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineer, and the Riley - Purgatory Creek Watershed District, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. 2.13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after completion of installation of thestreet lighting system, or after of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 2.14. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City, and all revenues derived therefrom shall be the sole property of the City. 2.15. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in 112.01 hereof in accordance with the plans and specifications hereunder and the written approval by the City, Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 2.16. Building Permits and Occupancy Permits. a. Prior to completion of the grading and placement of rock stabilizing materials for road construction within each plat, the City Building Inspector, with the approval of the City Manager, shall be authorized to issue building permits for residential construction within such plat upon payment of all fees and charges applicable to the issuance of permits. b. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the rock stabilizing base of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. -5- 5.06. Severability. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 5.07. Execution of Counterparts. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 5.08. Construction. This agreement shall be construed in accordance with the laws of the State of Minnesota. 5.09. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 5.11. Sign' -Plan. Signs for the purpose of advertising the subject property may be erected in accordance with the Developer's sign plan only after submission to and approval by the City Council. IN WITNESS these presents to be written. WHEREOF, the parties hereto have caused executed on the day and year first above NEAR MOUNTAIN LIMITED PARTNERSHIP I By General Partner CITY OF CHANHASSEN ,BY Mayor Attest: City Manager Attachments: Exhibit A: Preliminary Development Plan Exhibit B: Preliminary Plat Exhibit C: Construction Loan Agreement STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of 19 , before me, a notary public within and for said County, personally appeared and " to me personally known, who, being each by me duly sworn did say that they are respectively the and the of the limited partnership named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said limited partnership by authority of its and said and acknowledged said instrument to be the free act and deed of said limited partnership. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of _ 1901 before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Thomas L. Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public -13- Council Minutes May 4A�981 --4- 1q-2 One of the neighbors asked if his tax money will be helping to pay for the roads being put into Fox Chase. Mr. Laughinghouse indicated that Derrick Land Co. is paying for it all. Mr. Derrick requested that the feasibility study be started so that when and if Fox Chase is approved they will not have to wait any longer for the feasibility study. Councilwoman Swenson moved that Schoell and Madson do a public improvement feasibility study on Fox Chase and that whatever costs and risks are involved fall with the developer because of the developer's request to proceed with the feasibility study on an unapproved plan. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving requested that more soil borings be taken. Councilwoman Swenson indicated that there are areas that she would like looked into before approval, i.e, the egress to the south. Mr. M. Thompson, from the Planning Commission, indicated that they had made a motion to move Fox Path to the easterly property line for better visibility. Councilman Geving indicated that he feels the conservation easement is important and that he likes the Planning Commissions recommendations. Councilman Geving stated that he is not ready to approve either plan and doesn't want to proceed until the Council has heard more from the City Engineer and more about the road to the east. Councilwoman Swenson indicated that she concurs with Councilman Geving and that whe would like to have more answers to questions before approving anything. Mr. Derrick had indicated before the meeting that he wanted this item tabled but the notices had already gone out. Mr. Derrick indicated that he is for the conservation easement but does not like the idea of no docks. What does the Council think about the docks on the lake. Councilman Geving explained that the Council is interested in securing the lakes while they have an opportunity to do so. Boats are alright as long as they are put on the lake from the public access. Docks are just another structure _on the lake, when they are put in, the lily pads will have to be dug into, the Council wants to conserve the lakes as best they can. Councilman Horn moved to table this request until June 1, 1981. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN REVIEW, NEAR MOUNTAIN, LUNDGREN BROS.: A motion was made by Councilman Geving and seconded by Councilman Horn to table this item until 7:30 p.m. at the meeting of May 11, 1981. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Neveaux asked if any Council member wished to discuss any item on the consent agenda. There being no further comments, Councilman Geving moved to approve the consent agenda as recommended by the City Manager. a. Lyman Blvd., County Road 17 to 101, Resolution Approving County Construction Plans. b. Final Plans and Specification Approval, T.H. 169 and 212 Improvements. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ TELEPHONE (4512) 336=9668 OF COUNSEL May 28, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Michael Pflaum Pflaumwell Development Partnership 935 East Wayzata Blvd Wayzata MN 55391 Re: Near Mountain DNR Concerns Dear Mike: Attached is a copy of the Department of Natural Resources' comments of February 4, 1980, regarding land alterations by Near Mountain impacting Silver Lake and its contiguous marshes, and covers the concerns I commented on during our meeting this morning. Apparently a DNR permit will be required for the storm retention pond work, in addition to such other DNR and watershed district permits as may be required because of land alteration. Your comments will be appreciated. RHL:ner enc cc: Bob Waibel Very truly yours, RUSSELL H. LARSON Chanhassen City Attorney U CITY OF CHANHASSEN RECEIVED MAY 2 91981 COMMUNITY DEVELOPMENT DEPT. -21 CITY OF F-60� CHANHASSER 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: May 11, 1981 SUBJ: Final Development Plan Approval, Chaparral -2-1-a Residential Development, H' �- TT =--gin Homes e'/i�.� 0-- s -- f le � 0�. The above item was tabled from the May 4, 1981 Council meeting. There are no changes in the enclosures. Please bring along this item from your May 4th packet. CITY OF CHANHASSEN �f 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: April 21, 1981 TO: Planning Commission & Staff FROM: Bob Waibel, City Planner SUBJECT: Final Development Plan Review, Near Mountain APPLICANT: Lundgren Brothers Construction Inc. PLANNING CASE: P-607 As mentioned in the memorandum from myself to the Planning Commission of April 20, 1981 the primary concern of this office at this stage of the review is the relationship of phasing to traffic circulation. Throughout the review of this project, it was appparent that the subject property has a propensity to Potential intFlrum single access situation. Due to the magnitude of the_ proposal and the subsequent time over which the project will be built out, and the intrinsic traffic circulation deficiencies of the property, I find the applicants phasing plan be adequate from a planning standpoint. Recommendation I recommend that 'the Planning commission recommend to the City Council approve the Final Development Plan for Near Mountain prc,vi�ied that the Preliminary Plat and plans and specifications information receives approval by the City Engineer and that all applicable previous conditions placed by the Council in the preliminary development review are carried out in the development contract. Additionally, I recommend that the development contract include provisions that would enable the City to activate its trail system through the Near Mountain property at any time. Such would be with the understanding that the easements for the entire system be finally established throughout the later phases as they come in for Final Platting. Page 10 Planning Commission Minutes Near Mountain Near Mountain Final Plat: Mr. Waibel read the Planning Report to the Planning Comm- ission. Mr. Waibel recommended approval of the Final Plans provided that the City Engineer approves of the Plan. Mr. M. Thompson asked about the access onto Pleasant View Road. It was indicated that at one time there was a problem with the access but has been cleared up now. The road has been made so that traffic can only turn to go to 101 to keep traffic off the major portion of Pleasant View Road. Mr. W. Thompson made a motion to recommend to the City Council approval of Final Development Plan (Exhibit A, 4-22-81) of Near Mountain with the exceptions of City Planner and the City Engineer in the Planning Report dated 4-21-81. Second by Mr. M. Thompson. 6 - ayes, Mr. M. Thompson opposed. Mr. M. Thompson stated that he has never been in favor of this project. Minnewashta Creek 2nd Addition, Beach Lot Dock Request: Mr. Waibel submitted the planning report to the Planning Commission. Mr. Mertz explained that there is an outstaning conditional use permit on this property stating that there be no docks be permitted. The conditional Use that is on this property was passed by the City Council July 1979 and no docks were permitted then. Mr. Terry Thompson, one of the applicants, stated that they just wanted to get a dock because the outlot is really small. Mr. J. Thompson stated that with the Conditional Use Permit that is on the land already the applicants chances are very nill that they would get their request. Mr. Partridge indicated that the request is for a 50' x 20' dock with 8 slots. there are 36 lots in the Minnewashta Creek 2nd Addition and 6 are duplex lots. Policy for Ritters Plat is guide used for this Plat. Ms. Watson indicated that if they were permitted the dock they couldn't keep their boats there over night because that is another condition that there be no overnight docking of boats. .�--�- _ ..�. s.t-. st vs. •..c_ a�_:svfa4�� 3t�fhat/i!rf.»� `-�1 _ _ _ _ _ .:.L�•. ..,. Preliminary flats and Development Plant 7. Thompson Properties: 55 single fa i lots located at the southeast c( Approved in 1978 and 1979 to Date of Ridge Road and Pleasant r Road. INDUSTRIAL/COMMERCIAL: 1. The Press, Inc.: 18500 West 78th Street. 2. Lyman Lumber Company: 18700 West 78th Street. 3. Roose Professional Building: 6000 West 78th Street. 4. Animal Fair, Inc.: Southeast corner of County 17 and Arboretum Boule- vard. 5. Lake Susan Business Park: 272 acres located south of Arboretum Boule- vard between Great Plains Boulevard and County Road 17. PARK LAND ACQUISITIONS 1. Minnewashta Regional Park located on northeast shores of Lake Minne- washta. 1 2. Herman Field: Located south of Forest Avenue near Lake Minne- washta. 3. Lotus Lake Community Park: Located east of Horseshoe Curve and Pleasant View Road. 4. To be acquired: Federal Wildlife Ref- uge located south and east to High- ways 169 and 212. PLAN PROPOSALS PRESENTLY UNDERGOING PLANNING COMMISSION REVIEW: 1. Prestige Development Corporation: 44 single family lots located in the southeast corner of Great Plains Boulevard and Arboretum Boulevard. 2. Colonial Grove 2nd Addition: 30 sin- gle family residential lots located on Chanhassen Road, south of Purgatory Creek. 3. South Lotus Lake Addition: 22 sin- gle family lots, 28 zero lot line resi- dential lots and 2 outlots, located at the south end of Lotus Lake. 4. Lotus . Lake . Estates 2nd Addition - Approximately 90 single family resi- dential lots at 6700 Chanhassen Road. 5. Near Mountain Properties: 134 single family lots, 255 multiple lots located at the southwest corner of Chanhassen Road and Townline Road. 6. Chaparral Outlot B and C: 74 lots, single family, 51 duplex lots and 40 quadrominium lots. Total 336 units. Located at the southeast corner of the intersection of Shawnee Drive and Powers Boulevard. Chanhassen Building Permits No. of Permits No. of Permits Estimated Estimated 1977 1978 Cost 1977 Cost 1978 Single Family Dwelling 86 108 $5,275,700 $5,539,000 Duplex 1 2 60,000 120,000 Commercial 2 2 1,100,000 550,000 Commercial —Remodel 0 1 5,000 Apartment 1 0 450,000 Add To 17 28 261,000 310,550 Remodel 12 24 95,300 147,900 Garage 16 8 77,000 34,000 Fire Damage 3 2 85,000 56,000 Steel Building 3 0 33,500 Swimming Pool 2 5 13,000 29,000 Storage Shed 2 3 5,600 2,400 Porch 3 0 2,300 Roofing 1 0 3,000 Tennis Court 1 1 8,000 8,000 Repair 1 0 500 Siding 2 0 1,000 Miscellaneous 7 0 34,000 Pole Shed 0 1 11,000 TOTAL 170 186 $7,504,900 $6,812,850 1977 Total Permits 186 Estimated Value $6,812,850 1976 Total Permits 128 Estimated Value $3,824,000 1975 Total Permits 91 Estimated Value $2,937,340 (Reprinted from Carver County Herald) 2 RESIDENTIAL: 1. Minnewashta Creek Addition: 3C gle family lots and 12 duplex located north of Pleasant Acre the northwest shores of Lake M washta. 2. Lotus Lake Estates: 48 single fa lots located on East Lotus Lake r of Purgatory Creek. 3. Hesse Farm, Phase II: 27 s family lots located west of I Creek Drive. 4. Chaparral Outlot A: 95 single fa lots located at southwest corne Powers Boulevard and Carver B Road. 5. Saratoga Addition: 24 single fa lots located north of Chanhassen mentary School. 1979 City r ;g a b , Persons interested in obtaining a c of the adopted 1979 budget is avail for review at City Hall. Persons invo in an organized group may receia complimentary copy of the budget calling City Hall, 474-8885. ;.;, - it �"- •- ----- - .,. .,.o. Property taxes were increased apprc mately 12 percent in the 1979 budc However, this increase was the sole cult of the increased cost for pol services in the community. This incre. was approved by the voters in a spec referendum in March of 1978 to det mine whether the City should pay t additional costs .demanded by Can County for continuation of the contra police system or whether to establish c own police force. All other expenditul within the 1979 budget totalled amount less than the additional revenL received by the City through new cc struction. CITY OF CHASHASSEW 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT TO: Planning Commission FROM: City Engineer, Bill Monk DATE: April 2.1, 1981 SUBJ: Near Mountain Comments from a review of the preliminary plat are as follows: Streets The access from this plat to Pleasant View Road has previously been reviewed and discussed in detail, but in terms of vehicular safety and road maintenance the proposed intersection is unacceptable. A standard "T" intersection is desirable but an increase (softening) of the west radius is a minimum requirement. The intersection at Town Line Road should be shifted to the east as far as possible. This will allow a greater separation with Vine Hill Road and minimize possible traffic conflicts for southbound traffic. Utilities No utility plans were submitted with the plat so it is difficult 'to make specific comments. The feasibility is not in question but the construction of sanitary and storm sewers will have to be reviewed by this office in relation to the proposed staging plan. General Iroquois should not be vacated -s a part of this plat but instead remain dedicated until the development of Outlot A. The phasing plan review is based on traffic flow and elimination of long dead ends for access and street maintenance. -- Phases 1 and 2 should be combined. -- Consideration should be given to developing phases 6, 7 and 8 next to allow for the double access as soon as possible. '/-- �nL -, LUnDGR(n � BRoiO CTRUCTION I. 935 EAST WAYZATA BOULEVARD • WAYZATA. MINNESOTA 55391 • (612) 473-1231 April 7, 1981 Mr. Bob Waibel Assistant Manager/ Land Use Coordinator City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Bob: Accompanying please find the following materials: 1) Check payable to the City of Chanhassen in the amount of $3,098.70 for engineering and legal services through 12/31/80. 2) Map and tabulation of estimated phasing. 3) Schematic of proposed entry design and landscaping treatment. 4) Pleasant View Road/Highway 101 traffic projections by Barton-Aschman Associates, Inc. Under separate cover you have already received from Schoell & Madson the preliminary plat for subject property. You will receive the following supplementary materials shortly: 1) Colored site plan of project entrance 2) Colored artist's rendering of project entrance. The approval which we presently seek is final development plan acceptance for the single family portion of the Near Mountain project. It is our understanding that we are to appear before the Planning Commission on April 22, 1981. Should you have any questions or require further materials, please contact me at once. Very truly yours, NE7el TAIN PARTNERSHIP I Pi. Pflaum MAP/jh Enclosures x IMF - a -ter- t III.I.1. Existing average daily traffic (ADT) and peak hour volumes for roadways in the study area are shown in Figure 6 and 7. Projected volumes for the year 1990, when full development of the project is expected to take place, are also shown in Figures 6 and 7. A summary of trips expected to be generated by the Near Mountain project is shown in Table 10. TABLE 10 TRIPS GENERATED BY NEAR MOUNTAIN PROJECT No. of Dwelling A.M. Peak P.M. Peak Daily Location Units In Out In Out In Out Chanhassen 300 69 174 180 120 1,500 1,500 Shorewood 274 63 159 164, 110 1,370 1,370 TOTAL 574 132 333 394 230 2,870 2,870 Existing and projected traffic volumes for roadways in the study area are presented - in Table 11. Capacities for the major roadways serving the study area, Vinehill Road and T.H. 101, are shown in Table 12. Table 12 shows that sufficient capacity presently exists on these roadways to accommodate expected traffic increases produced by the Near Mountain project. s (0)- YF- -a.1ELT1ry (31) 0555) V1,SA,jAW S A M. 42 Zoo ?LEA5�1�1T vlEv�! 47)13 C: '/- (8 3) B -MUR.SDAY, "0/79 nT I 12 t77 4-c5 rm. O- EXI-17It t4G O (W) f iqure lr C � Tra ff iz Volu n eovo — P1ca&an+ Mew TABLE 11 EXISTING AND PROJECTED TRAFFIC VOLUMES ON TH 101 BETWEEN TOW`dLINE ROAD AND PLEASANT VIEW ROAD 1979 1990 AM PM AM PM Direction Peak Peak ADT Peak Peak _ ADT N.B. 204 190 2,450 374 409 4,950 S.B. 193 230 2,450 386 444 4,950 EXISTING AND PROJECTED TRAFFIC VOLUMES ON VINEHILL SOUTH OF TH 7 AM Direction Peak 1979 PM Peak ADT AM Peak 1990 PM Peak ADT N:B: 144 S.B. 115 158 2,100 208 2,100 161 121 170 2,300 225 2,300 TABLE 12 ROADWAY IMPACTS DURING PEAK HOUR 1979 1990 1990(+) Surplus Roadway Capacity Volume Volume or (-) Deficiency Vinehill 900 366 395 +505 T.H.101 900 420 853 +47 1 CITY r)F 1 f� 7610 LAREDO DRIVE • P.O. BOX 147 * CHANHASSEN, MINNESOTA 55317 (612) 937-1900 January 6, 1981 Mr. Michael Pflaum Lundgren Brothers Construction, Inc. 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Dear Mike: This letter is in response to your inquiry of December 24, 1980, on Chanhassen's practices on municipal construction of public improvements. In regard to your question on.timing of your applying for inclusion in the 1981 municipal improvement projectq due to the timing of other projects within the city, it is anticipated that a bond sale will not occur before April 1st with the latest date of said bond sale to occur in July of this year. In order for your develop- ment to be eligible for inclusion in this sale, you would need to have all final development plan approvals six weeks prior to said sale. As we have discussed, the Near N.>puntain proposal has received pre- liminary development plan approval and is required to receive final development plan approval before development can occur. In carrying out the reviews of the project to date, the escrow account has incurred a deficit of $2,098.70. The City Engineer's and City Attorney's offices have estimated the costs of reviewing and. prepararg final development plan documents to be $900 and $2500, respectively. In order to proceed to this final development stage, an escrow deposit must be made with the City Treasurer in the amount of $6,500 to defray these estimated costs. As' -You probably know, if consideration is to be given to the.Near Mountain project as a municipal improvement project, it will be necessary that Schoell and I�Iadson prepare a feasibility study f h or suc and the Czty Attorney s office will need to prepare and, arrange for publication of certain public hearing notices for which I have estimated costs of $8,000 and $500, respectively. Once the deposit Mr. Michael Pflaum Page 2 January 6, 1981 equaling or exceeding these potential costs has been made, I will instruct the Engineer's office to proceed with the preparation of the feasibility study. After the final development plan approval, receipt of the feasibility study and holding of necessary public hearings for public improvements, should the City Council act to proceed with improvements as a special assessments project, all the costs incurred in the feasibility study and publications will became a part of the assessment project and spread back against benefitting properties and the public improvements project escrow amounts deposited would be reimbursed. The City of Chanhassen makes no guarantees that the feasibility study will find the project feasible nor that information may arise during the public hearing which may cause the City Council to deny the proceeding as a public improvement project. If the municipal improvements project is not ordered, all costs incurred in preparing the feasibility study and carrying out public hearings will be paid through this escrow account and only the remaining balance is.then remitted to you. A letter of credit equaling 110 percent of the total principle and interest amount -of the assessment.to be spread is required with the form of said letter of credit to meet the approval of the City Attorney'.s office. Maturity of the letter of credit may coincide with the maturity date of special assessments or may be for a shorter period of time if a renewal option is included in the letter of credit. However, if the letter of credit is for a shorter period of time, i.e. one year, and the bank determines not to renew the letter of credit, the City will then be forced to draw upon said letter of credit for the then remaining principle balance of outstanding debt. Typically, the bank will renew such a letter of credit at the then lower principle amount. It has then been our experience in doing municipal improvement projects for various developments that there is considerable potential. for duplication between .the preliminary plat information and the feasibility study information. In order to avoid any unnecessary additional time in completing the final plat and/or costs in preparing preliminary plat and feasibility study information, your decision on the manner in which utilities are to be financed would, most appropriately, be made as soon as possible. For more detailed information on this, you should contact the City Engineer, Jim Orr. If you have any questions on the above, please feel free to contact M. Sincerely, 00, Bob Waibel Land Use Coordinator BW:nr Mr. Michael Pflaum Page 3 January 6, 1981 P.S. It has been the practice of the City Attorney's office not to prepare develognent contract drafts until after final developanent plan approval has been made. Craig Mertz has indicated that with his present caseload such a draft would not be available for at least six weeks after said approval. cc:, Don Ashworth Russ Larson Craig Mertz Jim Orr Kay Klingelhutz 01 1'LUnDGREn Bko CONSTRUCTION S• INC. 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 December 24, 1980 Mr. Don Ashworth Chanhassen City Manager 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Near Mountain Project h Dear Don: I am writing because we need clarification of the City's practices regarding municipal construction of utilities.� We presently have Council approval of our Preliminary Development ment Plan and soon will be returning for Planning Commission and City Council review of our Final Development Plan and Phase I Final Plat. When must we apply if we wish to have Chanhassen include our Phase I utilities (grading, sanitary sewer, watermain, storm sewer, streets, and curb and gutter) in its 1981 municipal improvement projects? What additional approvals must we obtain before we are qualified for such inclusion? Does the City have any codified procedures and policies on this matter which we may examine? A response at your earliest convenience would be most appreciated. Very truly yours, Michael A. Pflaum MAP%jh pEC1980 � �CEIY�� viu.amE of CHAN14As3�N,=% 1MINN. �� Minutes of the 12-17-80 Planning Commission Meeting Page 6 (11) Oakuxnt-: Mr. Waibel said the subject district to be heard by the City Council on December 22, 1980, for a The Planning Commission had previously reccm-mnded the City down -zone the property. No further comments were made.. q was scheduled down -zoning. Council - x i ?-lco? (12) Near..Mountaini Mr. Waibel said thiswas a residential proposal:. and proceeded to describe it. In response to Mr. M. Thcxnpson, Mr. Waibel said the Near Mountain proposal had received preliminary developnent.pian approval from the Planning Commission and the City. Council in the last year. The CmTission generally agreed with staff's recommendation that the project be maintained on an annual review list. (13) Sunnyslope�Addition: Mr. Waibel described the addition and noted the City Council had. set a completion deadline of July 1, 1981, for the public improvements. He recam-ended this district be maintained on an annual review list until 70 to 80 percent of the building sites were absorbed and that the completion deadline for the public improvements be upheld. Discussion occurred on the Addition's road width. The Commission agreed with staff's recommendation but felt the district should remain. on the annual review list until fully completed. (14) Sunrise Beach P:R.DS: rir. Waibel described the district and noted the status saying it had received final development plan approval from the City Council but there were various administrative items yet to be reviewed. He recommended the district b. maintained on an annual review list until 70 to 80 percent of the building sites were absorbed. Mr. M. Thompson noted there was an excessive number of trees being removed from the site for development purposes. The Com Ission_generally agreed..w.ith staff's recommendation but stated the district should remain on the annual review list until 100 percent of the building sites were absorbed. (15) Sinnen--Property (.,Hidden valley Estates ): Mr. Waibel described the district proposal and noted the Planning Commission recommendation of down -zoning due to absence of development taking place was awaiting City Council review. The Commission maintained that recommendation. (16) Saratoga Addition::i.Mr. Waibel described the addition and. its status. He recommended the single family and duplex portions of the plan be removed from annual review because of their percentage of coopletion and that the apartment portions of the plan be maintained on an annual review basis. The Ccam2ission generally agreed with staffs recommendation. (17) Waldrip',Additibn:`4 Mr. TTaibel explained the proposed develop- ment and made the recommendation that should the present plans receive preliminary development plan approval, a development deadline such as two or three years should be placed on the subject property so that down -zoning can be considered if this deadline. is exceeded. Should the present plans receive denial, down -zoning of the property to R-1, Single Family Residential District, should occur. The Connission generally agreed with staff's recommenda- tion. I LU11DGREn �O BRoi O TRUCTION 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 January 27, 1981 Mr. Bob Waibel Assistant Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Dear Bob: Thank you for attending this morning's meeting at Schoell & Madson and for clarifying what submissions will be required for Final Development Plan approval. The following is my understanding of what will be necessary. If anything has been omitted, please notify me. 1) Preliminary Plat. This must include all of the Near Mountain land which is in Chanhassen, regardless of the fact that we initially will be developing only about one-half of this acreage. We may, however, restrict ourselves to detailed platting 'of only the area which we have purchased (that within the black border on my sketch), with the remaining single family, quadraminium, and condominium areas to be shown as outlots. If Schoell & Madson is employed as project engineers, it will not be necessary to submit grading, utility, and street profile plans at this time, and when they are to be reviewed it will be by the City's staff --not the Plan- ning Commission or City Council. 2) Covenants and Restrictions to govern the single family areas. 3) Phasing sequence. We should be prepared to show the Planning Commission and City Council how we intend to develop the land --our proposed sequencing and timetable. This should include all of the Chanhassen property. 4) Landscaping Plan for Pleasant View Road entry. 4&_ F£619$j RECEIVEp �.' CHgry�6E 01304 �. MfNN.s :��r ,+ Mr. Bob Waibel January 27, 1981 Page 2 According to my notes, Bob, that is the sum of what we must do to proceed with Final Development Plan approval. When the Planning Commission and City Council have granted this acceptance, our Phase I final plat, and all final plats for subsequent phases which also fall within the detail of the preliminary plat, are reviewed by staff only and then placed on the City Council's consent agenda. Is this representation accurate? Many thanks for your past and continuing assistance. Very truly yours, Michael A. Pflaum NEAR MOUNTAIN PARTNERSHIP I MAP/ jh cc: Jim Orr CARVER SOIL AND kTER CONSERVATION DISTRICT MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS October 28, 1980 Mr. Bob Waibel, Land Use Coordinator City of Chanhassen 7610 Laredo Drive, P. 0. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Waibel: County Office Building Waconia, Minnesota 55387 Telephone (612) 442-2614 Please find attached inventory and evaluation of the Near Mountain Planned Residential Development in the city of Chanhassen as re- quested in your correspondence of October 22, 1980. Sincerely, Dennis Hoese, Chairman Carver S&WCD DH/mh Enc. P. S. Enclosed you will also find a copy of the inventory and evaluation for the developer. AN EQUAL OPPORTUNITY EMPLOYER C I TN OF 11F "ftft�- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ik%n by City re Endorsed_ ___�4,� MEMORANDUM bodified_ ;iejocted�__� TO: Mayor and City Council Date Submitted to Commissiot) FROM: Bob Waibel, City Planner ` €. Aate Su! �r. to Counc— ij DATE: August 17, 1983 SUBJ: Final Plat Review, Near Mountain 2nd Addition PLANNING CASE: 79-2 PUD Attached please find the Final Plat, Development Contract Amendment and background on previous approvals for Near Mountain 2nd Addition. Staff finds the Final Plat in conformance with the Preliminary Plat and recommends the City Council authorize the Mayor and City Manager to execute same. The Final Plat will not be released until the developer: 1. Has received staff approval of proposed covenants and restrictions; 2. Has submitted an executed development contract amendment; and 3. Has submitted financial guarantees assuring installation of improvements as required in the development contract. C I TY"" OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 June 27, 1983 Mr. Peter Pflaum c/o Lundaren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, Mini 55391 Dear Mr. Pflaum: This is to formally notify you that the City Council, at its meeting of June 21, 1983 acted to approve the final development plan amendment request for the northeasterly 7.8 acres of the Near Mountain property located within Chanhassen. The approvals are based upon the preliminary plat for Near Mountain Second Addition dated received June 3, 1983, Chanhassen Community Development Department. The approval includes allowances for 40 foot street right-of-ways, with the exceptions of 45 foot right- of-way and 40 foot roadway on cul de sac radiae, 25 foot front yard setbacks, 5 foot side yard setbacks on alternating lot lines and the construction of a model unit prior to the filing of a final plat. All of these approvals and allowances are only applicable to the so called "small lot" single family area and are subject to the following conditions: 1. That all roadways are to be constructed to City standards; 2. That the model unit to be constructed not be occupied until provision of full public improvements to the `site have been initiated, and; 3. That the proposed final draft of the covenants and restric- tions be approved by City staff prior to filing of a final plat. Attached please find an addendum to the development contract which you have dated June 29, 1982.which also must be executed by Near Mountain Limited Partnership I prior to the filing of the final plat. This addendum essentially sets forth the approvals and conditions specific to this final development plan amendment. Concerning the performance securities for the installation of improvements for the Near Mountain Second Addition, you should be in contact with City Engineer, Bill Monk. Mr. Peter Pflaum June 24, 1983 Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:v cc: Scott INIartin, Community Development Director Bill Monk, City Engineer George Donnelly, Building Official Roger Knutson, City Attorney 6-24-83 CITY OF CHANHASSEN RESIDENTIAL CONTRACT ADDENDUM NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this day of PARTNERSHIP I, a Robert L. Malamed CHANHASSEN, , 1983 by and between NEAR MOUNTAIN LIMITED limited partnership which Peter Pflaum and are General Partners, and the CITY OF a Minnesota Municipal Corporation; WITNESSETH, that the City, in the exercise of its powers pur- suant to MSA §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein con- tained, recite and agree as follows: SECTION 1. RECITALS. 1.01. Final Development Plan Amendment Approval. The Developer has heretofore made application to the City under the Zoning Ordinance for the approval of a final development plan amendment to the near Mountain Planned Residential Development District to amend the proposed land use and in phasing for the northeasterly most 7.8 acres, more or less, of the Near Mountain property located within Chanhassen. The Planning Commission duly held a public hearing on June 8, 1983 on the Final Development Plan Amendment application. Thereafter, the City Council on June 21, 1983 granted Final Development Plan Amendment approval, to change the proposed land use for said 7.8 acres from 36 units of fourplex housing to 31 small lot single family detached units and revised the phasing to include this area in the second develop- ment phase. All said approvals being subject to the terms and conditions of the the original agreement as well as the within agreement and on the further condition that the developer and owners enter into this agreement. SECTION 2. CONDITIONS. 2.01. All streets shall be constructed to standard City cross -sections although right-of-way reductions on the three roadway stubs are approved to 40 foot in width with a cul-de-sac radius of 45 feet. 2.02. The model unit proposed to be constructed cannot be occupied for residential purposes until provisions of full public improvements to the site have been initiated. 2.03. That proposed covenants and restrictions receive City staff approval. IN WITNESSETH WHEREOF, the parties hereto have caused these presence to be executed on the day and year first above written. NEAR MOUNTAIN LIMITED PARTNERSHIP I By: Its: By: Its: CITY OF CHANHASSEN By: Its: -ma -:or By: Its: City Manager STATE OF MINNESOTA ) ss COUNTY OF CARVER ) On this day of a notary public within and for said and to me personally known, who, being that they are respectively the , 19_, before me, County, personally appeared each by me duly sworn did say and of the limited partnership named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said limited partnership by authority of its and said acknowledged said instrument to be the free act and deed of said limited partnership. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of , 19_, before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the mayor and City Manager of the municipal cor- poration named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Thomas L. Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public REGULAR ASSEN CITY COUNCIL MEETING 21, 1983 / Mayor Hamilton called the meeting to order with the following members present: Councilwomen Swenson and Watson, Councilman Geving. Councilman Horn was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda with the following inclusions: Sale of Bonds, Clean up around Colonial Center, Semi -Trailers. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. CONSENT AGENDA: Item (d) was removed from the Consent Agenda to be discussed separately. Councilwoman Watson moved to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Minnewashta Manor Homeowner's Association Maintenance Proposal, Sandpiper Trail. b. Construction Plans and Specifications, Phase I, Near Mountain. c. Control Panel and Electrical Maintenance Agreement, City Well System. e. Cable Service Territory Application, Minnesota Cable Communications Board. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. SALE OF BONDS: Andy Merry, Juran and Moody, discussed the pending sale of bonds during the month of July. RESOLUTION #83-29A, B & C: Councilman Geving moved the adoption of Resolution 83-29A requesting the extension of the qualification period of MBIA insurance coverage for the not to exceed $5,185,000 General Obligation Tax Increment Refunding Bonds of 1983 and' the not to exceed $4,350,000 General Obligation Improvement Refunding Bonds of 1983; Resolution 83-29B Authorizing the Sale of $5,185,000 General Obligation Refunding Tax Increment Bonds of 1983; and Resolution 83-29C Authorizing the Sale of $4,345,000 General Obligation Refunding Improvement Bonds of 1983. Resolutions seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. MAPLE LEAF AWARD: Bill Gullickson, former HRA Chairman, was presented with a Maple Leaf Award for his outstanding work and dedication to the City. MINUTES: Councilwoman Watson moved to note the May 25, 1983, Public Safety Commission minutes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. Councilwoman Watson moved to note the June 7, 1983, Park and Recreation Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. BILLS: Councilman Geving moved to approve the bills as presented: Checks ff14587 through 14661 in the amount of $2,788,281.63 and checks #18965 through #19073 in the amount of $428,813.85. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN AMENDMENT, NEAR MOUNTAIN: Dennis Mulvey, representing Lundgren Brothers, was present seeking final development plan amendment approval in order to construct 31 single familly homes on 7.8 acres located at the Council Meeting June 1983 -2- southwest corner of Town Line Road and Chanhassen Road. The Planning Commission recommended approval with the following conditions: 1. That the roadways be constructed to City standards. 2. That the model unit to be constructed not be occupied until provision of full public improvements to the site have been initiated. 3. That proposed covenants and restrictions are subject to City Attorney approval. Mayor Hamilton moved to approve a final development plan amendment for Near Mountain PRO, Planning Case 79-2 P.U.D., with the stipulations that the roadways be constructed to City standards, that the model unit be constructed and not be occupied until provision of full public improvements to the site have been initiated, that proposed covenants and restrictions are subject to City Attorney approval, and including the City Engineer's memorandum of June 6, 1983. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. EPLAT OF OUTLOTS H AND I, CHANHASSEN LAKES BUSINESS PARK: Opus Corporation is proposing the replat Outlots H and I into three building sites and three outlots. Councilwoman Swenson moved to approve the replat of Lots H and I, Chanhassen Lakes Business Park for Opus Corporation with the conditions that: 1. The applicant dedicate all drainage and ponding easements as required r by the City Engineer. 2. That individual lots within the plat are not eligible for development until such time as extension of full sewer, water, and street improveme have been initiated. - 3. No change in the wetlands be permitted until such time as approved by the City Council. Motion seconded by Mayor Hamilton. The following voted in favor:* Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. ZONING ORDINANCE AMENDMENT TO ALLOW ADAPTIVE REUSE OF VACANT SCHOOL BUILDINGS FOR NON -EDUCATIONAL PURPOSES: Mr. Wallace McKay, Minnetonka School District, was present. Councilwoman Swenson moved to place on first reading an ordinance amending Section 7.04 of Ordinance 47. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. REAR YARD SETBACK VARIANCE, 6230 FIR TREE: Mr. Martin Beukhof is seeking a 3, foot rear yard setback variance to construct a porch and deck onto his residence. The Board of Adjustments and Appeals recommended approval of the request. Councilwoman Swenson moved to approve the 312- foot rear variance request at 6230 Fir Tree as recommended by the Adjustments and Appeals. Motion seconded by Councilman following voted in favor: Mayor Hamilton, Councilwomen Councilman Geving. No negative votes. Motion carried. yard setback Board of Geving. The ; Swenson and Watson,} L IT AREA VARIANCE, LOTS 3177-3182, CARVER BEACH: Mr. Paul Pokorny is 'ping a 3,000 square foot of area --variance to construct a home at 599 LUnDGR(n O CTRUCTION BROS� 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 July 6, 1983 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Re: Near Mountain Planned Development Dear Bob: This letter is to reiterate items discussed in our phone conversation this morning concerning the 31 "small lot" single family homes. It is our intention at this point to provide two car attached garages as a standard item on all 31 units in this development. The garage side of the unit will, as we discussed, be located on the 5' setback side of the lot. In the event that our plans should change and we decide to provide units with single car garages, once again the garage side will be located on the 5' setback. If we determine that the units should be marketed with the single car garage and the future option of adding a second garage stall, the building will be appropriately located to allow this addition without encroaching on the 5' setback. Please keep in mind also that there will be a Homeowner's Association which will control any modifications or additions to the exteriors. Sincerely, T46r Dennis L. Mulvey, AIA DLM/pm CITY OF CHANHASSEN -- 7 1983 +pC�,jMtlt,IITY DEVELOPMENT DEFT /y Riley- Purgatory Creek Watershed District July 6, 1983 Mr. William R. Engelhardt Schoell & Madson, Inc. 50 - 9th Avenue South Hopkins, Minnesota 55343 Re: Site Grading and Utility Installation - Near Mountain Phase I Subdivision: Chanhassen 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 JUL 14 101)83 CITY OF CHANHASSEEN Dear Mr. Engelhardt: F . The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit application for site grading and utility installation on Phase I of the Near Mountain Sub- division located north of Pleasant View Road and west of T.H. 101 in Chanhassen. It is the District's understanding that the two stormwater detention basins to be constructed within the Phase I area will have "surface overflows" until Phase II development commences when pipe outlets for the basins will be constructed. The District will require that until piped outlets for these basins are installed, basement floor elevations for homes to be con- structed along Oxbow Lane be set at or above elevation 915, and the base- ment floor elevations for homes to be constructed along Near Mountain Drive and Meadow Circle adjacent to the Meadow Circle ponding basin must be set at or above elevation 926. The elevations are 2 feet above the surface overflow of the respective detention basins. With this noted, the Managers approve the grading and land alteration permit subject to the following conditions: 1. The District requires that the erosion control measures shown on the plans be installed prior to commencement of grading operations and be maintained until all areas altered because of construction have been restored. 2. Areas altered because of construction must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within 2 weeks after completion of land alteration or no later than September 15, 1983. 3. Until piped outlets from the ponding basins on the site are installed, homes to be constructed on Lots 1-3, Block 2 must have basement floor elevations set at a minimum elevation of 915.0. Homes to be constructed on Lots 4-11, Block 3, must have basement Mr. William R. Engelhardt Page 200 R� July 6, 1983 1 floor elevations set at a minimum elevation of 926.0. These eleva- tions are 2 feet above the surface overflow of the respective pond - ing basins. 4. The District requests to be notified a minimum of 48 hours prior to commencement of grading operations. If you have any questions regarding the District's comments, please call us at 920-0655. RCO/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Bill Monk ,_l Sincerely,; Ro ert,C. Obermeyer RR ENGINEERING CO. Engineers for the District Approved by the Board of Managers RILEY--PURGATORY CREEK WATERS D DISTRICT s ident Date: Minnesota Q Department of Transportation District Five 5801 Duluth Street OF TRH' Golden valley, Minnesota 55422 June 28, 1983 Mr. Bob Waibel City Planner City of Chanhassen 690 Counter Drive P.O. Box 147. Chanhassen, MN 55317 S.P. 2736 T.H. 101 Review of Final Development Plan Amendment Request Near Mountain, P.R.D., Lingren Brother's, Inc. Dear Bob: (612) 545.3761 The above referenced plan has been reviewed by us several times. Our main concern has always been access to TH 101. We are assuming that access from TH 101 to the development will be via Pleasant View Road. There should be no direct access to TH 101 and the first entrance or street intersection on Pleasant View should be at least 300 feet west of TH 101. If you need additional information or have any questions in regard to this review, please feel free to call me. Sincerely, Evan R. Green Project Manager ERG:bn CITY OF CHANHASSEN JUN 3010 r,nMM1JN1TY DEVELOWENT DEP"I An Equal Opportunity Employer RA, L-L,un aTIA, B KUUUA"o ) Tr-vc - 14 — 0 ta-4� �. � II1f�11Ii� r JAG' 6E.4- Council Meeting June-6, 1983 -21- as long as the outlot, should it be done that way, is handled as a part of the final plat and deeded over to the City for roadway purposes at that time, and #3 the three documents included in the package are agreements between the developer and Mr. Troendle, and Mr. Troendle and the City do seem, in my opinion and the opinion of the City's Attorney, to bt =dequate to protect both the developer, the property owner and the Cit Mayor Hamilton moved to approve the final development plan for Carver Beact Estates provided all documents are signed with the Owens and Troendle pro- perty and the assessments remain as levied. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn. No negative votes. Motion carried. ORDINANCE 10-A REGULATING THE DESIGN, LOCATION AND INSTALLATION OF SEPTIC M SYSTEMS: ayor Hamilton moved to approve Ordinance 10-A with the recommen- dations of the City Engineer and approval of RESOLUTION #83-29. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn. No r.-egat{ve votes. Motion carried. INFORMAL REVIEW, FINAL DEVELOPMENT PLAN AMENDMENT, NEAR MOUNTAIN PRD: Dennis Mulvey was present. Lundgren Brothers, Inc. is proposing a final development plan amendment for the northeasterly 7.8 -a-cres. The proposal is to construct 31 small lot, single family detached units in an area whirl, was previously approved for 36 quad home -type units. The request also includes a change of phasing to expand the first phase of the project to include the 7.8 acre site as well as include a variance to commence construcation of a model home -prior to final plan amendment approval and final plat filing. Council members generally were in favor of the proposed housing types and urged Lundgren Brothers to proceed. The Planning Commission will be holding a public hearing on June 8th for the proposed plan amendment. REAR LOT SETBACK VARIANCE, LOT 3, BLOCK 1, SUNNYSLOPE ADDITION: Mr. Steve Burke was present seeking approval of a 7 foot 4 inch rear yard setback variance in order to construct a three season porch with deck on the rear of his home at 340 Deerfoot Trail. The Board of Adjustments and Appeals recommended approval of the request. Mayor Hamilton moved to approve the rear lot setback variance for Lot 3, Block 1, Sunnyslope for Steven Burke. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn. No negative votes. Motion carried. FRONT YARD SETBACK VARIANCE, 6721 HOPI ROAD, CARVER BEACH: Sally Schrupp is requesting a eight foot front yard setback variance to construct a 24' x 24' garage and an 18' x 25' solarium. The Board of Adjustments and Appeals recommended approval of the request as proposed. Councilman Horn moved to approve the variance as requested for 6721 Hopi Road. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwoman Watson and Councilman Horn. No nega- tive votes. Motion carried. ATTORNEY BILL, DUMP SITE: Don Ashworth - Jim Curry was in today along with Al Klingelhutz. Jim has hired Larkin, Hoffman to prepare the legal work associated with the dump C".%o I T Y 0F I C CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 June 27, 1983 Mr. Peter Pflaum c/o Lundgren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, Mini 55391 Dear Mr. Pflaum: This is to formally notify you that the City Council, at its meeting of June 21, 1983 acted to approve the final development plan amendment request for the northeasterly 7.8 acres of the Near Mountain property located within Chanhassen. The approvals are based upon the preliminary plat for Near Mountain Second Addition dated received June 3, 1983, Chanhassen Community Development Department. The approval includes allowances for 40 foot street right-of-ways, with the exceptions' of 45 foot right- of-way and 40 foot roadway on cul de sac radiae, 25 foot front yard setbacks, 5 foot side yard setbacks on alternating lot lines and the construction of a model unit prior to the filing of a final plat. All of these approvals and allowances are only applicable to the so called "small lot" single family area and are subject to the following conditions: 1. That all roadways are to be constructed to City standards; 2. That the model unit to be constructed not be occupied until provision of full public improvements to the site have been initiated, and; 3. That the proposed final draft of the covenants.and restric- tions be approved by City staff prior to filing of a final plat. Attached please find an addendum to the development contract which you have dated June 29, 1982 which also must be executed by Near Mountain Limited Partnership I prior to the filing of the final plat. This addendum essentially sets forth the approvals and conditions specific to this final development plan amendment. Concerning the performance securities for the installation of improvements for the Near Mountain Second Addition, you should be in contact with City Engineer, Bill Monk. w Mr. Peter Pflaum June 24, 1983 Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner �r cc: Scott Martin, Community Development Director Bill Monk, City Engineer George Donnelly, Building Official Roger Knutson, City Attorney 6-24-83 CI`!'Y OF CHANHASSEN RESIDENTIAL CONTRACT ADDENDUM NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this day of , 1983 by and between NEAR MOUNTAIN LIMITED PARTNERSHIP I, a limited partnership which Peter Pflaum and Robert L. Malamed are General Partners, and the CITY OF CHANHASSEN, a Minnesota Municipal Corporation; WITNESSETH, that the City, in the exercise of its powers pur- suant to MSA §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein con- tained, recite and agree as follows: SECTION 1. RECITALS. 1.01. Final Development Plan Amendment Approval. The Developer has heretofore made application to the City under the Zoning Ordinance for the approval of a final development plan amendment to the Near Mountain Planned Residential Development District to amend the proposed land use and in phasing for the northeasterly most 7.8 acres, more or less, of the Near Mountain property located within Chanhassen. The Planning Commission duly held a public hearing on June 8, 1983 on the Final Development Plan Amendment application. Thereafter, the City Council on June 21, 1983 granted Final Development Plan Amendment approval, to change the proposed land use for said 7.8 acres from 36 units of fourplex housing to 31 small lot single family detached units and revised the phasing to include this area in the second develop- ment phase. All said approvals being subject to the terms and conditions of the the original agreement as well as the within agreement and on the further condition that the developer and owners enter into this agreement. SECTION 2. CONDITIONS. 2.01. All streets shall be constructed to standard City cross -sections although right-of-way reductions on the three roadway stubs are approved to 40 foot in width with a cul-de-sac radius of 45 feet. 2.02. The model unit proposed to be constructed cannot be occupied for residential purposes until provisions of full public improvements to the site have been initiated. 2.03. That proposed covenants and restrictions receive City staff approval. IN WITNESSETH WHEREOF, the parties hereto have caused these presence to be executed on the day and year first above written. HEAR MOUNTAIN LIMITED PARTNERSHIP I By: Its: By: Its: CITY OF CHANHASSEN By: Its : Ma,.7or By: Its: City Manager STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of , 19_, before me, a notary public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the limited partnership named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said limited partnership by authority of its and said acknowledged said instrument to be the free act and deed of said limited partnership. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of , 19 , before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal cor- poration named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Thomas L. Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public .,1 ITN/ F4 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 June 22, 1983 Mr. Sherman Goldberg Lundgren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Goldberg: I am pleased to report that the construction plans and specifica- tions as submitted for Phase I of dear Mountain were approved last night by the City Council. Please note that before any construction can take place, the following items must be completed: 1. Submission of an executed development contract; 2. Submission of financial guarantees for installation of improvements as described in the contract; 3. Submission, execution and filing of the final plat for Phase I. Should you have any questions on these items. or future proce- dures, please let me know. Sincerely, William Monk City Engineer WM:k CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by City Administrator MEMORANDUM Endorsed Modified TO: Don Ashworth, City Manager Rejected Dat• FROM: Bill Monk, City Engineer Date Submitted to %ommissioll DATE: June 15, 1983 Date Submitted to Council SUBJ: Near Mountain - Phase I On May 11, 1981, the City Council approved the preliminary plat for the entire Near Mountain development. Since that time the developer has been working to finalize plans for the final platting and construction of Phase I. As with Murray Hill Second Addition, the developer is anxious to solicit construction bids and is seeking City approval of construction plans and specifications (plans attached) prior to submission of final plat documents. The bids would be held until execution of final documents and pledging of financial guarantees is completed. By approving the plans at this stage, the Council is not waiving any development requirements that might allow construction prior to execution of all legal and technical docu- ments. This office has worked closely with the developer and his engineer and I am satisfied that the attached construction plans and corresponding specifications meet all plat conditions and City standards. Approval of the construction plans and specifi- cations (as prepared by Schoell & Madson, Inc.) is recommended. Staff will continue to work with tion of the remaining development approved preliminary plat as well for Phase I will be available for any questions on Monday night. the developer upon final resolu- procedures. A copy of the as the final plat (unsigned) review should the Council have '1 1 PLANNING COMMISSION MINUTES It P JUNE 8, 1983 PAGE 9 C Not Identified: I just happen to think, would the City of Chanhassen be willing to buy the property and make it into a park area for the kids. We are kind of limited, we have one picnic table down there on Highway 7 and that's our park. Martin: There is a neighborhood park, it's called Herman Field. It is just to the southwest of this area but I don't think it's fully developed yet. William Ziegler: I would like to know about that house just north of our property (Baltic) how they can rent the property without a permit? Martin: We are aware of the situation. Allen Putnam: Just one final comment, I would request that the Planning Commission consider the many people who could suffer and their property values versus the few people who might gain by this. Noziska moved, seconded by Albee to close the public hearing, all voted in favor and the motion carried. The Commissioners agreed that there were to many questions �,. unanswered that there are no provisions here; it's not improving the local neighborhood; there are no provisions for the adjoining property owners. They felt that they should know what the pro- perty across the road is planned for by Shorewood and just to take a look at the entire area. Noziska moved, seconed by Ryan, to table the item in lieu of the staff providing us with additional information that we need to more thoroughly analyze the situation. Vote unanimous, motion carries. Final Development Plan Amendment Request, Near Mountain P.R.D., Lundgren Brothers, Inc. Dennis Mulvey, a representative from Near Mountain explained that the request of the proposal is to amend the Near Mountain Final Development Plan to construct 31 small lot single family detached dwelling units in the northeasterly most 7.8 acres previously approved for 36 quad home units. II Bill and Sharon Anderson were present for this public hearing and expressed concern of the public hearing that approved the final development on Near Mountain. They were not even aware of this proposal and said that they were sure none .of their neighbors knew anything about this. They were also concerned about the < < traffic that would be generated from this development. 1 PLANNING COMMISSION M. JTES JUNE 8, 1983 PAGE 10 Ryan moved, seconded by Albee, that the Planning Commission recommend that the City Council approve the final development plan amendment for the northeasterly most 7.8 acres of the Near Mountain Project as proposed with the following conditions: 1. That the roadways are to be constructed to City standards. 2. That the model unit to be constructed not be occupied until provision of full public improvements to the site have been initiated, and 3. That proposed covenants and restrictions are subject to City Attorney approval. Vote unanimous, motion carried. Replat of Outlots H and I of Chanhassen Lakes Business Park (Chanhassen Lakes Business Park Third Addition) Michelle Foster a representative of Opus Corporation was in attendance. Waibel briefly explained that the proposal is to replat the 113.9 acres contained in Outlots H and I of Chanhasssen Lakes Business Park into three industrial development sites (Lots 1 and 2, Block 2 and Lot 1, Block 1) and three outlots. Due to the applicants plan to only construct the street section from County Road 17 to the easterly line of proposed Outlot B, the only area eligible for imminent development would be that having improved street frontage. Noziska moved, seconded by Jim Thompson, that the Planning Commission recommend that the City Council approve the prelimi- nary plat for Chanhassen Lakes Business Park Third Addition as depicted on the preliminary plat official file copy for Planning Case 83-4 Subdivision, dated received May 5, 1983 Chanhassen Community Development Department with the condition that: 1. The applicant dedicate all drainage and ponding easements as required by the City Engineer, and 2. That individual lots within the plat are not eligible for development until such time as extension of full sewer, water and street improvements have been initiated. Vote unanimous, motion carried. Meeting adjourned at 11:13 p.m. STAFF REPORT CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by City Administrator Endorsed s� Modified Rejected TO: Chanhassen Planning Commission Dates �. Date Submitted to Commission FROM: Bob Waibel, City Planner/ DATE: June 2, 1983 Date Submitted to Council e, A/ A- SUBJ: Final Development Plan Amendment Request, Near Mountain P.R.D, Lundgren Brothers Inc. Planning Case: 79-2 P.U.D. General Information Applicant Lundgren Brothers Construction Inc. 935 East Wayzata Blvd. Wayzata, MN 55391 Status of Applicant Prospective owners/developer Owner Near Mountain Properties, Inc. 5000 Wayzata Blvd. Wayzata, MN 55391 Requested Action Final development plan amendment approval. Purpose To construct 31 small lot single family detached residential units in the northeasterly most 7.8 acres (of Chanhassen portion) of the Near Mountain P.R.D. Existing Zoning P-1, Planned Residential Development District. Location The southwest corner of the intersection of Townline Road and T.H. 101. Existing Land Use Agricultural. Adjacent Land Use and Zoning North: (Minnetonka) Single Family Detached; Zoned R-1. N Staff Report June 2, 1983 Page 2 Adjacent Land Use and Zoning South: Agricultural; Zoned R-1A. (continued) East: (Eden Prairie) Agricultural; Zoned Agricultural (Residential Development Proposed). West: Agricultural; Zoned P-1. 1990 Land Use Plan a. Land Use - The land for which the final development plan amendment is requested, is planned for medium density resi- dential. The balance of the Chanhassen portion of the Near Mountain P.R.D. is planned for low denisty residential. b. Transporation - Pleasant View Road and Townline Road, to which the property in question will receive access, are designated as local streets. Zoning History Applicable Regulations Special Information Analysis February 1972 - The property was Zoned R-lA, Agricultural Residence District as part of the adoption of Zoning Ordinance 47. May 11, 1981 - The City Council approved a final development plan and rezoning of the Near Mountain Project to P-1, Planned Residential Development District. Section 14.06, subsection 2 of Zoning Ordinance 47 - Changes in uses, any rearrangement of lots, blocks, or building tracks, any changes relating to common open space areas, and all other changes in the approved final development plan may be made by the City Council only after a public hearing by the Planning Commission and the submission of its recommendations to the City Council. City sewer and water service is available to serve this property. (Note -Please bring the material handed out at the informal review of May 25 for your reference at the June 8th Public Hearing.) Staff Report June 2, 1983 Page 3 The proposal is to amend the Near Mountain Final Development Plan to construct 31 small lot single family detached dwelling units in the northeasterly most 7.8 acres previously approved for 36 quad home units. The proposal also contains variance requests for a 40 foot right-of-way within the development area (50 feet is typically City standard), a street width of 26 feet curb to curb (28 feet face to face is typical City standard), side yard setbacks on alternating side lot lines at 5 feet (10 feet on all side lot lines is City standard), 25 foot front yard setback (30 feet is City standard) and the construction of a model unit, if need be, prior to the filing of final plat. In reviewing this proposal, the Planning Commission should bear in mind that this project is a Planned Residential Development District and among the purposes of the planned district approach is to, on a district basis, provide flexibility to rigid sub- division and development standards resulting in a variety of housing types and affordability. Also, in actual numbers, the present proposal represents an actual reduction to that which was previously approved. As shown in the attached preliminary plat, the 7.8 acre area in question will constitute the second phase of the Near Mountain Project with public improvements to be installed before or con- currently with construction of units. The access to the area will remain the same as that in the original proposal. As can be seen in the design of the proposed lots and units, the objective is to provide the features of single family detached housing on a smaller and subsequently more affordable scale. Maximizing usable space per unit is the obvious reason for the 5 foot side yard, 25 foot front yard and 40 foot right-of-way pro- posals. Staff finds these aspects of the plan positive in that 1) it will preserve more of the existing tree cover, 2) it allows for more usable yard area and 3 ) is in proportion to the type of development proposed. Regarding the request for the 26 foot street width, the City Engineer has recommended that all roadway construction be in con- formance with City standards. Should the request to immediately construct a model unit on the property before filing the plat is approved, the City must stipu- late that the structure is for the purpose of a model home only and that occupancy will not be granted until such time as the plat is filed and full public improvements have been made. Recommedation Staff recommends the following motion for Planning Commission adoption: Staff Report June 2, 1983 Page 4 The Planning Commission recommends that the City Council approve the final development plan amendment for the northeasterly most 7.8 acres of the Near Mountain Project as proposed with the following conditions: 1. That the roadways are to be constructed to City standards. 2. That the model unit to be constructed not be occupied until provision of full public improvements to the site have been initiated, and 3. That proposed covenants and restrictions are subject to City Attorney approval. Staff Update - June 8, 1983 The Planning Commission acted to recommend to the City Council the final development plan amendment as stated above. Report Attachments 1. Location map. 2. City Engineer's report dated June 6, 1983. 3. Preliminary plat of Near Mountains Second Addition. 4. Planning Commission minutes of June 8, 1983. METROPOLITAn WAITE conTROL conirniff ion Twn u:k'ss i=weo August 11, 1983 Mr. William Monk, Engineer City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: Near Mountain Phase I Improvements Dear Mr. Monk: r. The Metropolitan Waste Control Commission has reviewed your application for a sanitary sewer extension for Near Mountain, Phase I. This project is in accord with your Comprehensive Sewer Plan (CSP) and consistent with the Metropolitan Urban Service Area. We will file this project as part of your Canprehensive Sewer Plan and inform the Minnesota Pollution Control Agency that we have no objection to the installation of these facilities. Sincerely, �G. a� R. A. Odde Canmunity Services Manager cc: Metropolitan Council Don Perwien, Minnesota Pollution Control Agency 350 METRO /OUARE BLK. 7TH 6 ROBERTlTREET! lAIf1T PAUL Mn 55101 612 222.8423 RECEIVED AUG 151983 CITI OF CHANHASSEN �� A CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Chanhassen Planning Commission FROM: Bill Monk, City Engineer DATE: June 6, 1983 SUBJ: Near Mountain - Phase II TTt i 1 i t i A G Sanitary sewer, watermain, and storm sewer facilities proposed to be constructed in Phase I of the development will need to be extended to service Phase II. This does not present any problem although site drainage will need to be reviewed in detail in terms of development of additional portions of the overall drainage plan. Str_PPtq The units within Phase II are proposed to be served with double access with roadway connections to Pleasant View Road and Townline Road. All roadway surfaces shall be 28 feet in width with a 50 foot wide right-of-way on the north - south thru street. It is proposed that the right-of-way on the cul-de-sacs be only 40 feet wide while the cul-de-sac radius be set at 45 feet. This would allow for a 6 foot wide boulevard area instead of the standard 10 to 12 feet, but in this type of development should present no problem. CITY OF �- CHANHASSEN 690 COULTER DRIVE * P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by Clty AdminiltfatoT Endorsed `: Modified MEMORANDUM Rejected Date TO: Don Ashworth, City Manager Date Submitted to Commission FROM: Bob Waibel, City Planner r Date Submitted to Council 6. Z ;�3 DATE: June 6, 1983 SUBJ: Informal Review, Final Development Plan Amendment Request, Near Mountain PRD, Lundgren Brothers, Inc. PLANNING CASE: 79-2 PUD Lundgren Brothers, Inc. is proposing a final development plan amendment for the northeasterly most 7.8 acres of the Near Mountain PRD. The proposal is to construct 31 small lot single family detached units in the area which was previously approved for 36 quad home -type units. As in the case of the Lotus 'Manor Homes.,proposal, the applicant has requested to have a special informal review session with the Planning Commission and City Council. The Planning Commission conducted an informal review on May 25th and felt that the propo- sal had merit, however, they deferred further comment until after the public hearing can be held. Since the purpose of the infor- mal review is to elicit the general sentiments of the Planning Commission and City Council to the overall proposal, the only information being provided at this time i6 -the attached supplied by the applicant. Although no in depth staff report is supplied for informal reviews, staff does find that the propose_` amendment is consistent with the Comprehensive Plan, previous City Council approvals, as well as reflects sound planning practices. For your general information, in addition to changing proposed land use type, the request also includes a change of phasing to expand the first phase of the Near Mountain project to include the 7.8 acre site as well as includes a variance to commence construction of a model home prior to final plan amendment appro- val and final plat filing. L %J1 9 0 B kks* IN TC. RUCTION 935 EAST WAYZATA BOULEVARD 0 WAYZATA, MINNESOTA 55391 0 (612) 473-1231 May 16, 1983 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: Addendum to Plan Amendment The Near Mountain Project Dear Sirs: As a result of meetings over the past week with sales and marketing consultants, the Near Mountain Partnership I wishes to amend its sub- mission of May 10, 1983. The original Amendment submission had indicated 35 "small lots" single family homes with a lot width dimension of approximately 55 feet. After careful review by our marketing consultants, we have concluded that it would be advantageous to increase the average lot width to approximately 65 feet - 67 feet. In so doing, the number of units that will appropriately fit on the site has been decreased to 31. In Summation: 1). The original Planned Residential Development Plan had been approved for 36 "quad home" type units on this 7.8 acre site. 2). Our plan Amendment would now call for 31 "small lot" single family homes on lots which average approximately 67 feet in width and 125 feet deep (approximately 8400 square feet lot sizes). The "small lot" single family home being proposed would be approximately 1600 square feet with an attached double or single car garage. This type of unit would require a 5 foot side yard setback on one side and the standard 10 foot side yard setback on the other. We wo+ll, �EI-IAS�N requesting a front yard setback of 25 feet. I. 6 MAY 17 M3 COMMUNITY DEVELOPMENT DEFT pg� :11 1", 1 071t LL]nDGREIJ O CTRUCTION BROi 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 May 10, 1983 Department of Planning City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Re: Development Plan Amendment Change The Near Mountain Project Dear Sirs: The Near Mountain Partnership I, the optionee of the subject property, herewith submits this request for an amendment change to the approved Planned Residential Development. The area in consideration includes the 7.8 acres located at the southwest corner of the intersection of State Highway No. 101 and Town Line Road. (Shown as Outlot "c" on the approved preliminary plat of April 1981.) This piece of property is currently approved for 36 quad homes and constitutes a development density of 4.6 units/acre. Also affected by this request would be Lots 1 thru 5 of Block 7, Lots 1 thru 10 of Block 8, Lots 1 thru 6 of Block 11, and Lots 1 thru 6 of Block 12. At the time the original master plan was formulated for the Near Mountain Planned Development, market conditions indicated a demand for fourplexes or "quad" homes. Because of this market indication, the "quad" home type of housing unit was initially included in the broad mix of housing types provided. Current market conditions now indicate a pent up demand for smaller lot single family homes (lot sizes of approximately 55' x 110'). The extent of this demand has been corroborated by the rapid sales of units in other similar neighborhoods in the seven county area. In light of these current market conditions, the Near Mountain Partnership I is requesting an Amendment to the Approved Preliminary Plat to allow 35 small lot lot single family homes in lieu of the 36 quad home units approved. In addition to this unit type change, the Partnership is also proposing the realignment of some lots directly to -the west of the subject property. This realignment of single family lots would serve to better orientate the homes and the roadways. May 10, 1983 Department of Planning Page 2 The "zero lot line" single family home being proposed would be approximately 1600 sq. ft. with an attached double or single car garage. These units are typically located 5' off of one side property line and 25' off of the frontyard property line. The units are designed to have one blank exterior wall (the wall which is 5' off of the property line), this "blank" wall allows for the privacy of the adjacent home owner in his side yard. The Near Mountain Partnership I is currently scheduling the immediate implementation of this project. The desire and intent of the Partnership is to start construction of a sales model unit as soon as possible, with the goal being to have the model unit completed for the Minneapolis Board of Realtors "Parade of Homes" in mid August. This anticipated completion date dictates a construction start date of early June, it is for this reason that the Partnership would greatly appreciate the city's assistance in the expeditious review of this amendment request. If we can be of further assistance or if you should have any questions, please contact us. Respectfully submitted, Z Vwsovo L. Lrmw��r for the Near Mountain Partnership I Dennis L. Mulvey A.I.A. DLM/md Enclosures: Cover Letter Vicinity Map Original Concept Plans Legal Description Proposed Concept Plan Sample Unit Plans/Perspectives Sample Specifications Sample Covenants Approved Preliminary Plat Drawing (print) Proposed Preliminary Plat Drawing (print) r z 0 U z W z z w '08 1lIH 3NIA 4F 0 0 N T N w V U W a z z O W z z 2 W r 1— Z D 0 U w a U QTE 101 'AMH 31V1S ON N3SSVHNVHD Od 'an�e S�3M O LI OV08 'kJN Hm L c 0 �1, Q\ 0 .qq� N y N L N U rl y A yy U 01 Z P q q U b U N z 3 4 3 V U E, u Gi U U tt u u c.� o t a a a U R U L "I b+ 5 ry N z a � t E 6 w gfs 4 0 Ll r ■ Igo9 ii d $� N 'A y � aJ y y U n a N u O N a e c) a 3 a 3 B� C7 b o n O a r. b - m a In O Ln a, _ kilalMimi mimima a 'g, ON - Av.WrMi ' o1Y15 ` •' a a to EE Ll u ORIGINAL CONCEPT PLAN LEGAL DESCRIPTION Lots 1-5 Block 7 Lots 1-10 Block 8 Lots 1-6 Block 11 Lots 1-6 Block 12 Outlot "C" Of the approved Preliminary Plat April, 1981. AN j •1ki[rl d3 .-, FUTURE FAMILY ROOM UNEXCAVATED Lower Level FUTURE BEDROOM it }may FII. ir_ B7A�TH i i UTILITY Entry Level II u j� FUTURE FUTURE BEDROOM FAMILY ROOM 11 i� w : L L i UTILITY ❑o UNEXCAVATED AM 11m a Lower Level Entry Level ENTRY tEVEL Upper Level Lower Level Entry Level M4ERAL SPECIFICATIONS These specifications cover labor and materials necessary for the construction of a residence for: (Caner -Buyer) by submitted herewith at: Address: Legal Description: Lot _Block in accordance with the plans These plans and specifications are the property of the Builder and may not be ased without the Builder's permission. 9 The Builder will have the lot surveyed and will apply for a :V-ij. permit if one is required The Builder will stake the lot, set the grade, and apply<1"m `ne l,quired building permits. All SubContractorIs will take out, and pay for, their _',dimits. All work shall be executed in a workmanlike manner in accordance with�dAi 1a and specifications. Water, gas and electric meters, when install ,�wil -n the Builder's name. Builder agrees to pay for heat and electricity, when, equi4ed, to complete the building. At the time of closing, Buyer will be required to di;f�11 utilities into his name within 2 days. The Builder agrees to a warranty �. iod in accordance with the Home Owners Warranty Program except as otherwise spetby the manufacturing warranty on individual equipment. The manufacturer's warran&C..mpletion �to all materials and equipment incorporated in the building. VW All excess materia�� of contract remain the property of the Builder. Builder shall r r_ro •iris from the premises when the job is complete. SPECIAL CONDITIONS Contr al Oblications The general conditions herein set forth shall apply to any contract given under these specifications and shall be binding upon every Subcontractor as well as the Builder. The plans, elevations, sections, and detail drawings, together with these specifications, are to form the basis of the contract, and where the plans and specifications differ, then in that event, the specifications shall govern. The Builder shall ocrPly with all health and building ordinances that are applicable. Insurance The Builder will provide liability and wor)anan's sensation, fire and windstorm insurance in full until depletion of the building. Excavatina and Gradi—. The Builder shall do all necessary excavation to the elevation shown on the plan. Additional labor and/or materials necessary by reason of deficiencies in soil conditions requiring extra excavation not forseeable until after excavation is oorpleted, hereunder, shall be paid for by the Auilder. The cost of hauling away excess dirt, if any, shall be borne by the Builder. Tbp soi, if any, shall be left for the final rough —grade. Fine grading shall be done by the Builder. The Builder shall do all backfilling and rough grading to shape the lot after the foundation is complete. Sodding, if any, shall be done by the Builder. Lot shall be sodded full width of the lot and up toin depth. TFe�NOT warrant the Buyer's sod or WILL NOT assume any responsibility for the care or maintenance of the sod. The Builder shall supply and install a tree and landscape package. warranty of landscape pa age landsca_:Y-_ _ Subcontractor. O yn, - • • e and Masonry Cor. rp footirx.p for walls and piers shall be of siz loan on plans. Compressive strength of concrete shall be as code requires. Concrete Floors and Steps Basement floors to be a minimum three and one-half (3y) inches thick, to be poured monolithically with a moth, steel troweled finish. Garage flcnrs to be a minimum three and one-half (W inches thick and reinforced with steel rods or wire mesh. Stoops to be constructed as indicated on plans and to be poured monolithically with a smooth, steel troweled finish and properly pitched. The Builder SHALL NOT be responsible for normal shrinkage cracks that may occur in the basement Mor (see H.O.W. Warranty). Compressive strength of concrete shall be 3,000 lbs. per square inch. Walks and Driveways The width and length of the sidewalk from the driveway to the front steps shall be per plan of three and one-half M) inch thick concrete. The driveway from the street to the garage floor shall be sixteen (16) feet wide and of asphalt material. Basement Walls Basement walls shall be of 5-course block and wood knee -wall construction. Basement wall danp-proofing shall be with one coat of sprayed mastic tar and 6-mil poly. The Builder does not warrant that the basement will not develop dampness. Girders and Columns Girders and columns to be 2 x 12" or 2 x 10" wood beam as shown on plan. Carpentry All necessary labor and carpentry work shall be done in substantial conformity with the plans and specifications or any variations, changes, or amenckrents thereof that have been approved in writing by the contracting parties. Sub Floor: 1/2" Ox Board Wall Sheathing: 25/32 Builtrite Sheathing Roof Sheathing: 177Ox Board Joists: 2 x 8" on spans o ITT or less x 0 on spans c 4 Studs: x - . C. Rafters/Trusses: See Truss Details Other framing materia x 4" frame center wall and 2 x 4" half walls above blocks in lower level. Bridging, headers, corner bracing, nai mng, locking, and furring to be according to standard building practices, local codes, and ordinances. All exterior walls of house not including the garage, shall be wrapped in 15A felt paper. Exterior wall surfacing shall be 6" Ruf Rider Rough Sawn Redwood. Exterior trim shall be construction Redwood. Fascia material shall be Ruf Rider Redwood. Soffit material shall be 3/8" AC Plywood. Insulation Wall insulation shall consist of R-13 Fiberglass full wall friction fit with a 201 poly barrier. Ceilings shall have R-38 of blown Fiberglass insulation or the equivalent i �. Other insulation shall eonsist��PFiberq lassfriction tit in rung 301sts. Crawl spaces, if less than 100 sq. ft., shall not be insulated. Crawl spaces over 100 sq. ft. shall be insulated with R-6 and grade shall be covered with poly. Shingles (Color: oAKwOOD) Shingles for the roof shall be 240 pound seal -downs laid five inches to weather using staples. Garage Door The garage door shall be a 16' x 7' Flush Panel overhead type with locking device, keys and torsion bar. --2— Tdi 11•.,Drk All ng area windows shall be doubl lazed insulat^' glass cascsrrnts of sizes shown on l._ One 6' x 6'8" wood frayed patio door shall be included. one clear ront r si light shall be included, if shown on plan. Screens shall be furnished for all opening windows. Exterior front door shall be an insulated petal thermal door with 1/2" throw self -lock. dead latch. Interior doors shall be flush hollow core oak. All trim shall be oak. Windows shall have picture casing. Casings, skirtboards, and base shall be oak in ranch desi n. All closet base and interior trim shall be oak. Room Finish Schedule All trim in finished living area will be oak. All walls in finished living area shall be painted with two_ coats of latex - 'nt and all ceilings shall be s.ra_ed and textured with mica .c es. Dining roan, living roan, bedrooms and stairs up and down shall be carpeted. Entry hall and kitchen shall be vinyl flooring. Bathroon(s) shall be ceramic floor or carpeting, per plan. Closets to be vinyl flooring or carpeting, depending on the adjacent room. Stairways Risers Treads Railing Handrail Basement Stairs 7 6 Oak Oak Tb Living Room 7 6 Oak oak All closet doors shall have one shelf and one clothes rod. Scuttle door to attic shall be furnished. Cabinet work Kitchen cabinets and vanities shall be of same style as shown on plan of oak Veneer material. Cabinet Counter Tops Kitchen counter tops shall be formica with 4" back splash. Vanity tops shall be one-piece cultured marble with shell s' Faucets our in son center. Interior Walls, Ceilings and Floors Interior walls shall be 1/2 inch sheet rock painted with 2 coats of off white flat latex_ paint. Interior ceilings shall be 5/8 inch sheet rock sprayed with mica particles. House to garage comron wall shall be 5/8 inch fire rock. Flooring shall consist of particle floor in carpeted areas and P & TS plywood under vinyl and ceramic tile areas. Hardware The Builder shall furnish all rough hardware. All interior doors shall have passage hardware. Mister bedroom own nacn awry hall have a privacy lock. Entrance doors shall have Wieser locks with 1/2" throw self-locking dead latch. --3— CLr�r� Tile arm] Related Materials Main ,th(and 3/4 bath, if any,)shall include ceramic to a height of 6 feet from the floor around the tub and shower, 4 inch base le 1 ceramic floor tile or carpet, per plan. one ceramic tale sow dish and towel bar and one rhn-me towel bar and paper holder shall be included per 1/2 bath, if any, shall include yLmyl floor, oak base, one chrcTme towel bar and one chrome paper holder. Glass Products Bathroom mirrors shall be provided per plan. Soffits shall be constructed per plan. The Builder shall not be re nsible for clean -in.: windows when the job is completed. Weatherstripping weatherstripping of exterior doors to living areas shall be in accordance with manufacturer's s -cifications. Heating A forced air heating system shall be installed according to the requirements of the National Society of Heating and Ventilating Engineers, and in all cases shall Conform to local ordinances. _ The heating plant shall consist of a Lennox G12Q3E-82 natural gas, forced air system with a se -pacer motor a ectric ignition. The furnace flue and outside air intake shall be of metal bestoes material. Sheet Metal Rain divertors shall be over unsheltered entries. Flashing shall be provided wherever necessary. Duct work for venting interior exhaust fans and hoods shall be installed as code requires. Plumbing All plumbing shall be properly installed and all connections thoroughly tested and they shall be installed according to local ordinances. Hot and cold water connections shall be made with bath tub, shower, lavatory, kitchen sink, and laundry tray. Water connections shall be made with water main in the street. Sewer connection shall be made with sewer in the street. Water ureters shall be paid for by the Buyer at the time of closing at a price of $ Plumbing fixtures and specifications are as follows: Rough -in 3/4 bath dishwasher took -up, single laundry tray, copper water piping, 1 floor drain an -furnace room, a Rheas 40-gallon water heater, furnace and water heater gas opening, two lawn faucets, drain tile and sump Pub. Full bath includes a 14" Eljer bath tub, Mansfield 120-5 & )4.4-20 water closet, one piece cultured marble lavatory and a 36" x 36" molded plastic shower base, if shown on plan. Kitchen sink shall be Polar stainless steel which includes a spray attachment. All fittings are Sayco Double Lever or equivalent. All bath fixtures shall be white. 3/4 Bath, if any, shall include a Mansfield 120-5 & XM-20 water closet, one piece cultured marble lavatory, and a 32" x 48" molded plastic shower base. 1/2 Bath, if any, shall include a Mansfield 120-5 & ?MI-20 water clutet and a one piece cultured marble lavatory. —4— Ele al All'--ctrical work shall comply with the local ordir. S. Electric service shall consist of an Under` and 100 -,-p circuit breaker system. Openings shall be per code. Service location shall be per local codes and the power �n , Receptacles shall be the duplex type and switches shall be the silent type. Telephone prewiring shall be provided by the Builder. 1he cost of prewiring and the installation of three modular jacks - one in living roan, one in kitchen and one in masterbedrecm, per plan - shall be paid for by the Builder. MR ANY CHANGE IN LOCATION OR ADDITIONAL LOCATIONS, BUYER WILL BE CHARGED AT TIME OF CASING $20.00 PER JACC. Electric light fixtures, including recessed, porcelains, bulbs, door bell and installation shall be provided by the Builder per plan. Other electrical work as follows- Dishwasher, 22a0nge hood fan, boric ath n (main ge reath) , furnace, sub base thermostat and door bell g to Paintinc and Decorating All exterior trin shall receive two (2) coats of paint or stain, Builder color only. Exterior side walls shall receive two (2) coats of paint or stain, Builder color only. Decks, if any, shall receive one (1) mat of stain. All interior woodwork shall be carefully cleaned of f _ _er marks and other stains before anv oil, filling, paint or garnish is applied. All nail holes and brad holes to be filled with colored putty to match the color selected. Finishing shall consist of staining sealing, and varnishing. L-iterior painted walls and ceilings shall be primed and finished with flat latex paint. FIREEPLAC: Fireplace, if purchased, shall include a TE2,1CO - TEC36-2 prefabricated fire box with double wall flue and outside air intake. Fireplace face shall be sheetrock and the fireplace hearth shall be fiber re-inforeced concrete. Fireplace mantels, special fronts and glass doors are not included with standard fireplace. APPLIANCES The Builder shall supply the following appliances; however, Builder will not uncrate or instill any appliances other than the dishwasher, range hood or disposal, if any. DISHWASHER - Whirlpool #DU 300XL RANG HCOD FAN - Whirlpool #R H 2630XL (Nonvented) FENCE A 6' high privacy redwood fence shall be installed and stained to match exterior of horse. The fence shall be installed in the front side yard as indicated on survey• CARPET AND VINYL A carpet and vinyl allowance, including carpet, vinyl, pad, installation and sales tax of $ 11.00 per yard shall be furnished. KITCHEN COUNTER TOP Kitchen counter top selection to be made from standard colors and finishes as designated by Builder's supplier. —5— SAMPLE COVENANTS FOR NEAR MOUNTAIN P.U.D. "ZERO LOT LINE" SINGLE FAMILY HOMES CHANHASSEN, MINNESOTA NOTE: These sample covenants are to be used for example only. Final covenants will be subject to review and approval by the City of Chanhassen. PURPOSE OF THE RESTRICTIVE COVENANTS The restrictive covenants have been established to protect the value and desirability of all property in the Development. 2. LOTS SUBJECT TO THE RESTRICTIVE COVENANTS Every person who owns a lot in the Development is automatically subject to the restrictive covenants. This includes the Declarant until such time as all the lots are sold. 3. LAND USE AND BUILDING TYPE All lots shall be used only for residential purposes, i.e., single family detached dwelling and attached garage for not more than three (3) cars. Sales models, sales offices, and construction offices shall not be deemed during the sales period to violate these covenants and restrictions. The color of the exteriors of all dwellings including attached garages, shall be restricted to browns, beiges, sands and other earth tones. 4. MINIMUM SIZE OF DWELLING No dwelling shall be constructed in the Development unless it meets the applicable City ordinances. 5. TEMPORARY STRUCTURES No trailer, basement, tent, shack, garage or any other temporary structure shall be used either as a temporary or permanent residence. 6. BUILDING LOCATIONS No portion of any building may be placed nearer the front, rear, interior or street right of way lines, than the approved plat allows. For the purpose of these covenants, eaves, fireplaces, and open porches shall not be considered as part of the building. 7. NUISANCES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any owner of any other lot. 8. LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 9. GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of said material shall be kept clean and in a sanitary condition. _ 01PI G SA P SAMPLE COVENANTS FOR NEAR MOUNTAIN P.U.D. CHANHASSEN, MINNESOTA Page 2 10. ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee of three (3) members will be created to protect the value of all property in the Development. It has been given the right to approve or disapprove the erection of any building, fence, or mailbox. Plans must be submitted to the committee in writing for their approval. The committee membership may be changed by a majority vote of the lot owners at any time after 90% of the lots are sold by the Declarant. 11. FENCES The color, design, type, quality and materials of all fences constructed, erected, placed or altered shall be substantially the same as the original fences constructed by the Declarant. No original fence shall be altered or removed. Replacement or repair of any said fence shall be made in such a manner so that the color, location, type, design, quality, and materials shall be substantially the same as the original. 12. RADIO OR TELEVISION ANTENNA, ETC. No radio or television broadcasting or receiving antenna or other similar apparatus shall extend more than six (6) feet above the roof. 13. SIDE YARD EASEMENTS, EASEMENTS OF ENCROACHMENT, SPECIAL EXTERIOR WALLS, AND BENEFITTED LOTS A. Definitions: SIDE YARD EASEMENTS: That easement created to give most lot owners the use of, for passive recreational purposes only, the approximately five (5) feet between their lot line and the special exterior wall of the home on the adjoining lot. EASEMENT OF ENCROACHMENT: That easement created to give most lot owners the right to encroach their homes upon the side yard easement that they had given the adjoining lot. SPECIAL EXTERIOR WALL: The windowless, doorless, exterior wall that most homes will have abutting to, and/or encroaching upon the side yard easement. BENEFITTED LOT: The lot appurtenant to the side yard easement that derives the benefit of it's use. 14. HOW THE EASEMENT SYSTEM WORKS Simply stated, the purpose of the easement system is to allow most lot owners to have a private patio between their home and the special exterior wall of their neighbor's home. This is accomplished through the use of a side yard easement. At the same time, the system allows the neighbors periodic access for normal maintenance of their special exterior wall. The system allows for homes to be built encroaching upon the side yard easement through the use of the easements of encroachment. 15. MONUMENTS The Declarant shall have the right to construct entrance monuments. 16. TERM These restrictions and covenants shall run with the land for thirty (30) years and shall be automatically extended for successive ten (10) year periods unless a majority of lot owners agree to change the same. 17. ENFORCEMENT Enforcement shall be by proceedings at law, or in equity, either to restrain violation or the recover damages. 18. SEVERABILITY Invalidation of any one of these covenants and restrictions shall in no way affect any other of the provisions. �z el 3 r3 no'�, I- :-- TOWN to f Osf p ,,Of3, co IV 7 19, sf 7Io sr � � 51,000sf ' BL.K. („ I 9l� � i 'o DO sf O , p Co 300s 0 O T C'co o. OO s f 70 ` ' I T �a I !Oo f — 9 ✓ 3 m 160 I 00 , II 950 I¢ 127,5 sf II. - - I'. .1 . rf� APPROVED PRELIMINARY PLAT i FOR SINGLE FAMILY LOTS 0..A4 0.1 01. A & T 2-5 - - --.-._�F;5- l =+ r �. 0 sf _ 0 i �✓ 17• ` \ 3 OOsf m 325 J ii i 1 a 2 1 T31 g ooaf ! 0. ?00 of 5 OOOst �f 75/ 1 0 f 46 40 90 sf '4 / DSO' o - fl _ 500s —_� 00 14 00 f es, 5, 80 �0 BL K 42 f o 16 0. sf 2 s t9 300 sf ` " 2 . o lid 21 of 17 0005 /01 .\ . �,llrr"&&._...11 � 14 200 sf \ 1 t \ r Oaf 11O' 17 sf r2 i k _ i-CMD� \ \�J tySf o� \ 14 000 sf = \ , (90, �80 1 j� I '/� .. . • \ '\\ � 11 SO• � 34 500df / \ 24 OOOsf 2 r o C5. \ \ 16 000 sf 1 25 \ Sp, ` a O 12 OOOaf ! 11d / OOOsf ~ 0 \ l4 / % \ g, 140 �260 , " BLK. 5 (f� ` 3 / O '� '� � 13 sf � rsp' \Z 500 if 9AQsf 9S% O,0 sf 2.66 o / o of /30 , j �_ IOOOsf i S`r" \\\ •� / T 8 85 90' 85 J „y t� 6 00 . 9co 5' /. h L� h 21400sf _ 000 sf �� - - Q cv p /4) is 000 �m © _ O sX 24 sf O I sf - 17 ofrB-BLK.I LK 16 OOOsf 153 16 K :.� ,' `-Y. 6-24-83 CITY OF CHANHASSEN RESIDENTIAL CONTRACT ADDENDUM NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this o21,o71'day of 1983 by and between NEAR MOUNTAIN LIMITED PARTNERSHIP I, a limited partnership which Peter Pflaum and Robert L. Malamed are General Partners, and the CITY OF CHANHASSEN, a Minnesota Municipal Corporation; WITNESSETH, that the City, in the exercise of its powers pur- suant to MSA §462.358 and other applicable state laws, and the Developer, in consideration of the mutual covenants herein con- tained", recite and agree as follows: SECTION 1. RECITALS. 1.01. Final Development Plan Amendment Approval. The Developer. has heretofore made application to the City under the Zoning Ordinance for the approval of a final development plan amendment to the Near Mountain Planned Residential Development District to amend the proposed land use and in phasing for the northeasterly most 7.8 acres, more or less, of the Near Mountain property located within Chanhassen. The Planning Commission duly held a public hearing on June 8, 1983 on the Final Development Plan Amendment application. Thereafter, the City Council on June 21, 1983 granted Final Development Plan Amendment approval, to change the proposed land use for said 7.8 acres from 36 units of fourplex housing to 31 small lot single family detached units and revised the phasing to include this area in the second develop- ment phase. All said approvals being subject to the terms and conditions of the the original agreement as well as the within agreement and on the further condition that the developer and owners enter into this agreement. SECTION 2. CONDITIONS. 2.01. All streets shall be constructed to standard City cross -sections although -right-of-way reductions on the three roadway stubs are approved to 40 foot in width with a cul-de-sac radius of 45 feet. 2.02. The model unit proposed to be constructed cannot be occupied for residential purposes until provisions of full public improvements to the site have been initiated. 2.03. That proposed covenants and restrictions receive City staff approval. - SCANNED C Ih WITNESSETH WHEF.-JF, the parties hereto hay 'caused these presence to be executed on the day and year first above written. NEAR MOUNTAIN LIMITED PARTNERSHIP I By: �— Its • w--�^----. By: Its: CITY OF CHANHASSEN Y: r Its: Mavor Its: Cit'.^ Manauer STATE OF MINNL:SOTA) ) ss COUNTY OF CARVER ) On this day of �X .,,2,/L, 192t, before me, a not ryp lic within and for said County, personally appeared % and to me perso lly known, who, being each by me duly sworn did say that they are respectively the �� l2- !!L . and of t e limited ortnership named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said limited partnership by authority of its and said _ acknowledged said instrument to be the free act and deed of said limited partnership. f "~+ )OANNE C ERDMANN it 14 NOTARY PUBLIC mimN£SOTA HENNEPIN COUNTY r AAY Cawn+� SOWNtao1 I� r r-p Public STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this 24+day of 199'A before me, a notary public within and f r said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me personally -known, who being each by me duly sworn did say that they are respectively the Mayor and City Manager of the municipal cor- poration named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Thomas L. Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. t+e�v+++rs�eeN KAI'V7,`J J. ENU:ELHARDT NOT", t'9LIC - MINNESOTA Y COUNTY ,•r.Y• My Cor.,.,u_ ., —pires Oct. 11. 1985 tNpN:PNdIr-oer: o lOfN�i...,v.�. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN; MINNESOTA 55317 (612) 937-1900 August 26, 1983 Mr. Peter Pflaum, President Lundgren Brothers Construction Company 1421 Wayzata Blvd. Wayzata, MN 55391 Dear Peter: This is to formally notify you that the City Council acted at its meeting of August 22, 1983 to approve the Final Plat for Near Mountain Second Addition. Please be advised that the final plat will not be released for recording until you: 1. Have received staff approval of proposed covenants and restrictions; 2. Have submitted an executed development contract amendment; and 3. Have submitted financial guarantees assuring installation of improvements as required in the development contract. Should you have any questions, please feel free to contact me. Sincerely, i Bob Waibel City Planner BW:k cc: Scott Martin Bill Monk George Donnelly Jean Meuwissen LAW OFFICES LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION GREGG J. CAVANAGH WENDY C. SKJERVEN BIDNEY BARROWS BRADLEY J. GILLAN SUSAN M. ROBINER LOREN A UNTERSE HER HAROLD D. FIELD. JR. MICHAEL A. NEKICH SUITE 2300 MICHAEL R COHEN JOSHUA J. KANASSATEGA RICHARD J. GUNN MARTHA C. BRAND BRADLEY J. GUNN JANN M. EICHLER SMITH ALLEN 1. SAEKS DAVID N HAYNES A EN B. O NEILL THOMAS D FEINBERG CAROLYN CHALMERS 150 SOUTH FIFTH STREET VIRGINANCY IA B CONE CO ANDRRUTH D P. LEE MORRIS M. SHERMAN JAMES V. ROTH MICHE MMOTHYE A. MILLER 1. i. DANIEL COLTISH DANIEL GEORGE REILLY RICHARD H MARTIN M I N N EA POLIS, M I N N ESOTA 55402 TIMOTHY R. MEYERSON NICOLE A. ENGISCH CMARLES K DAYTON ROBERT L. DEMAY SLAKE SHEPARD. JR DAVID D. ETZWILER DAVID N. COX ANGELA M BOHMANN ROBERT P. THAVIS TELEPHONE 46121 335-1500 WILLIAM L GREENE JANE F. GODFREY ST EPHEN R. PFLAUM CHARLES A MAYS JAMES G BULLARD FINLEY FACSIMILE (612) 335-1657 STEVEN L. BELTON PETER BACHMAN ERIC H. GALATZ DWIGHT A. LARSON LOWELLJ.NOTEBOOM JOSEPHM JOHN S BRENNEN GEORGE F- MCGUNNIGLE. JR LAWRENCE J. FIELD MARC D. SIMPSON RICHARD G. PEPIN. JR. DAVID W. KELLEY SHAUN C MCELHATTON GEORGE S. LEONARD IF872 1956) FREDRIC T. ROSENBLATT BYRON E. STARNS MARK S. WEITZ DAVID L LILLEHAUG April 23, 1992 JAMES ARTHUR L. H. STREET (1877 1961) BENEDICT DEINARD 11899-1969) STEVEN M RUSIN ROSERT J HUBER MARK W DE EHANTDY AMOS S. DEINARD 11898 19851 JOHN H. HERMAN DAVID KANTOR PETER E SCHIFSKY LAWRENCE P. SCHAEFER - STEVEN D. DERUYTER ANGELA M. CHRISTY CAROLYN V. WOLSKI SIDNEY LORBER JAMES R. DORSEY MARK A. LINDGREN STEVEN R. LINOEMANN IRENE SCOTT KATHLEEN M GRAHAM LOWELL V. STORTZ STEVEN J. RIN OSIG DANIEL D. FOTH STEPHEN J. DAVIDSON DOUGLAS S. GREENSWAG JAMA M KRIZ DANIEL M. SATORIUS STEPHEN R. LITMAN ELLEN G. SAMPSON JULIE M. COWAN OF COUNSEL EDWARD M MOERSFELDER ROSANNE NATHANSON ROBERT LEWIS BARROWS MICHAEL G. TAYLOR RICHARD J. WEGENER JOHN W. GETSINGER DANIEL J. MCINERNEY THOMAS P. SANDERS DIRECT DIAL NUMBER HUGH M. MAYNARD ROBERT ZEGLOVITCH WRITERS FREDERICK W MORRIS TIMOTHY WELCH JOHN C KUEHN (612) 335 -1562 By Messenger Roger Knutson Campbell, Knutson, Scott & Fuchs 1380 Carriage Center Curve 317 Eagandale Office Center Eagan, Minnesota 55121 Re: THE SUMMIT AT NEAR MOUNTAIN, Chanhassen, Minnesota; Our File 16066-308 Dear Roger: We are the attorneys for Lundgren Bros. Construction, Inc., which is developing THE SUMMIT AT NEAR MOUNTAIN in the City of Chanhassen. Enclosed are copies of our 4/22/92 draft of the Declaration of Covenants and our 4/23/92 draft of the deed conveying Outlots A, B and C to the City pursuant to Article III, Section 5 of the declaration and pursuant to the developers agreement. Please let me know whether this deed is sufficient. When the deed is fully executed, should we deliver it to the City to record or should we simply record it immediately after the plat and the declaration are filed? Very truly yours, LEONARD, STREET AND By ?4� Kr. �(c'I Hugh M. Maynard cc w/deed: Michael Pflaum (Lundgren Bros.) Paul Krauss (City of Chanhassen) HMM\LBC\SUMMIT\KNUTSON ATR DEINARD r -.�.cZ-1vED APR 2 41992 CITY_ OF CHANHASSEN LU11DGR(n BROSNC.RUCTION 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 a (612) 473-1231 May 10, 1983 Department of Planning City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Re: Development Plan Amendment Change The Near Mountain Project Dear Sirs: The Near Mountain Partnership I, the optionee of the subject property, herewith submits this request for an amendment change to the approved Planned Residential Development. The area in consideration includes the 7.8 acres located at the southwest corner of the intersection of State Highway No. 101 and Town Line Road. (Shown as Outlot "c" on the approved preliminary plat of April 1981.) This piece of property is currently approved for 36 quad homes and constitutes a development density of 4.6 units/acre. Also affected by this request would be Lots 1 thru 5 of Block 7, Lots 1 thru 10 of Block 8, Lots 1 thru 6 of Block 11, and Lots 1 thru e6 of Block 12. At the time the original master plan was formulated for the Near Mountain Planned Development, market conditions indicated a demand for fourplexes or "quad" homes. Because of this market indication, the "quad" home type of housing unit was initially included in the broad ir mix of housing types provided. Current market conditions now indicate a pent up demand for smaller lot single family homes (lot sizes of approximately 55' x 110'). The extent of this demand has been corroborated by the rapid sales of units in other similar neighborhoods in the seven county area. In light of these current market conditions, the Near Mountain Partnership I is requesting an Amendment to the Approved Preliminary Plat to allow 35 small lot lot single family homes in lieu of the 36 quad home units approved. In addition to this unit type change, the Partnership is also proposing the realignment of some lots directly to the west of the subject property. This realignment of single family lots would serve to better orientate the homes and the roadways. IN May 10, 1983 Department of Planning Page 2 The "zero lot line" single family home being proposed would be approximately 1600 sq. ft. with an attached double or single car garage. These units are typically located 5' off of one side property line and 25' off of the frontyard property line. The units are designed to have one blank exterior wall (the wall which is 5' off of the property line), this "blank" wall allows for the privacy of the adjacent home owner in his side yard. The Near Mountain Partnership I is currently scheduling the immediate implementation of this project. The desire and intent of the Partnership is to start construction of a sales model unit as soon as possible, with the goal being to have the model unit completed for the Minneapolis Board of Realtors "Parade of Homes" in mid August. This anticipated completion date dictates a construction start date of early June, it is for this reason that the Partnership would greatly appreciate the city's assistance in the expedit-ious review of this amendment request. If we can be of further assistance or if you should have any questions, please contact us. Respectfully submitted, T V4* L i for the Near Mountain Partnership I Dennis L. Mulvey A.I.A. DLM/md Enclosures: Cover Letter Vicinity Map Original Concept Plans Legal Description Proposed Concept Plan Sample Unit Plans/Perspectives Sample Specifications Sample Covenants Approved Preliminary Plat Drawing (print) Proposed Preliminary Plat Drawing (print) w J_ o z N H z v. O U 11 m H � z_ j 0 aW O W z� U Z o a W zz W ion w > a Y� U ti �1 b1 a S Z ri SITS W) %Z, N 10 101 'AMH 31`d1S 02i N3SSVHNVHD ui C:W •. / c Y U t N U F- Y t/1 C � J 'f W Q w '0Al9 Sb3M 07 LI OV08 J 1N O N T N U c> " W a Z .v x N C1 N it ttn i 4 t7 G z n M a .c � W h. [pp t7 h t7 G U U U M O i 0 L n W y h M O O O O M Q m Y L bi E CI O El Ll C O C C 13 u b I JL ,mu ppI !7 t N Q1 411 to IJ y to tl rJ U 0 u T m u J z 3 n L 4 'roi 3 tq y E O U U a O= O O i V 2 Z O 4 4I n O O h. O 7 .y ` u1 N n tl 0 N N O OIO m1'm1■1Elm ImImiml . ` I pryer A9MMJM" 'o1a15 L 1 E E I1 ORIGINAL CONCEPT PLAN LEGAL DESCRIPTION Lots 1-5 Block 7 Lots 1-10 Block 8 Lots 1-6 Block 11 Lots 1-6 Block 12 Outlot "C" nOf the approved Preliminary Plat April, 1981. n n 0 I I n I 1 I I G1kl1M=JMJI• FUTURE BEDROOM FUTURE FAMILY ROOM ' R.I. BATH UTILITY UNEXCAVATED Lower Level Entry Level FUTURE FUTURE Ij BEDROOM FAMILY ROOM �! UTILITY 0 UJE%CAVATED Lower Level Entry Level Cot ENTRY 11VE1 ji III III 1. Upper Level FUTURE REC. ROOM UTILITY UNEXCAVATED Entry Level GARAGE Lower Level GENERAL SPECIFICATIONS MDDEL 7hese specifications cover labor and materials necessary for the construction of a residence for - (Owner -Buyer) by in accordance with the plans submitted herewith at: Address: Legal Description: Tot Block r These plans and specifications are the property of the Builder and may not be .Lsed without the Builder's permission. The Builder will have the lot surveyed and will apply for a Apermit if one is requires The Builder will stake the lot, set the grade, and appl red building permits. 1 All SubContractor's will take out, and pay for, the' ts. All work shall be executed in a workmanlike manner in accordance A 1 and specifications. water, gas and electric meters, when install , 1 the Builder's name. Builder agrees to pay for heat and electricity, when , to complete the building. At the time of closing, Buyer will be required to 11 utilities into his name within 2 days. The Builder agrees to a warranty nod in accordance with the Home Boners warranty Program except as otherwise by the manufacturing warranty on individual equipment. The manufacturer's warrant,will to all materials and equipment incorporated in the building. All excess materia completion of contract remain the property of the Builder. Builder shall r is from the premises when: the job is complete. SPECIAL ODNDITIONS Contr al obligations The general conditions herein set forth shall apply to any contract given under these specifications and shall be binding upon every SubContractor as well as the Builder. t The plans, elevations, sections, and detail drawings, together with these specifications, are to form the basis of the contract, and where the plans and specifications differ, then in that event, the specifications shall govern. The Builder shall oamply with all (� health and building ordinances that are applicable. (I I Insurance The Builder will provide liability and workman's compensation, fire and windstorm insurance in full until completion of the building. Excavating and Grading The Builder shall do all necessary excavation to the elevation sham on the plan. a Additional labor and/or materials necessary by reason of deficiencies in soil conditions requiring extra excavation not forseeable until after excavation is completed, hereunder, shall be paid for by the Builder. The cost of hauling away excess dirt, if any, shall be borne by the Builder. Tope, if any, shall be left for the final roe. Fine (-� grading shall be done by the Builder. 1 I The Builder shall do all backfilling and rough grading to shape the lot after the IL foundatio s complete. Sodding, if any, shall be done by the Builder. Lot shall be sodded full width of the lot and up to�in depth. a !Z er D wr warrant the Buyer's sod or WILL NOT assure Q any responsibility for the care or maintenance of the sod. The Builder shalrsupply and install a tree and landscape package. warranty of landscape pa age landscaFe SubContractor. Concrete and Mason.' Concrete footings£or walls and piers shall be of sizes shown on plans. Compressive strength of concrete shall be as code requires. I i 4 Ir� 1�' Concrete Floors and Stoops Basement floors to be a minimum three and one-half (3m) inches thick, to be poured monolithically with a smooth, steel troweled finish. Garage floors to be a minirmm three and one-half (3hs) inches thick and reinforced with steel rods or wire mesh. Stoops to be constructed as indicated on plans and to be poured monolithically with a smooth, steel troweled finish and properly pitched. The Builder SHALL NOT be responsible for normal shrinkage cracks that may occur in the basement oor (see H.O.W. Warranty). Compressive strength of concrete shall be 3,000 lbs. per square inch. Walks and Driveways The width and length of the sidewalk from the driveway to the front steps shall be per plan of three and one-half (3�) inch thick concrete. The driveway from the street to the garage floor shall be sixteen (16) feet wide and of asphalt material. Basement Walls Basement walls shall be of 5-course block and wood knLe wall construction. Basement wall danq-proofing shall be with one coat of sprayed mastic tar and 6-mil poly. The Builder. does not warrant that the basement will not develop dampness. Girders and Columns Girders and columns to be 2 x 12" or 2 x 10" wood beam as shown on plan. Carpentry All necessary labor and carpentry work shall be dome in substantial conformity with the plans and specifications or any variations, changes, or amendments thereof that have been approved in writing by the contracting parties. Sub Floor: 1/2" Ox Board Wall Sheathing: 25/32 Builtrite Sheathing Roof Sheathing: 1/ Ox Board Joists: 2 x 8" on spans or less x on s ans of 14- Studs: 2 x - rIV 0 C. Rafters ses: See Truss Details Other framing materaa x 4" frame center wall and 2 x 4" half walls above blocks in lower evel. Bridging, headers, corner bracing, nnai rng, locking, and furring to be according to standard building practices, local codes, and ordinances. All exterior walls of house not including the garage, shall be wrapped in 158 felt paper. Exterior wall surfacing shall be 6" Rif Rider hough Sawn Redwood. Exterior trim shall be construction Redwood. Fascia material shall be Ruf Rider Pedwood. Soffit material shall be 3/8" AC Plywood. Insulation Wall insulation shall consist of R-13 Fiberglass full wall friction fit with a 2-mil poly barrier. Ceilings shall have R-38 of blown Fiberglass ins anon or equivalent in aOther insulation shall consist oFRZ Fiberglass ric�son Frt in rim 3oists. Crawl spaces, if less than 100 sq. ft., shall not be insulated. Crawl spaces over 100 sq. ft. shall be insulated with R-6 and grade shall be covered with poly. Shingles (Color: OAXV=) Shingles for the roof shall be 240 pound seal -downs laid five inches to weather using staples. Garage Door The garage door shall be a 16' x 7' Flush Panel overhead type with locking device, keys and torsion bar. --2-- Millwork All living area windows shall be double -glazed insulated glass casements of sizes shown on plan. One 6' x 6'8" wood framed do door shall be included. One � ront r IV. ir: t s a be included, if shown on plan. Screens shall be furnished for all opening windows. Exterior front door shall be an insulated metal thermal door with 1/2" throw self-locking dead latch. Interior doors shall be flush hollow core oak. All trim shall be oak. Windows shall have picture casing. Casings, skirtboards, and base shall be oak in ranch desim . All closet base and interior trim shall be oak. Poan Finish Schedule All trim in finished living area will be oak. All walls in finished living area shall be painted with two coats of latex ,-�.nt and all ceilings shall be sprayed and textured with mica partic.es. Dining roan, living room, bedrooms and stairs up and down shall be carpeted. Entry hall and kitchen shall be vinyl flooring. Bathroan(s) shall be ceramic floor or carpeting, per plan. I! + i I Closets to be vinyl flooring or carpeting, depending on the adjacent room. Stairways Risers Treads Railing Handrail Basement Stairs 7 6 Oak oak To Living Room 7 6 Oak Oak All closet doors shall have one shelf and one clothes rod. Scuttle door to attic shill be furnished. Cabinet Work J Kitchen cabinets and vanities shall be of same style as shown on plan of Oak Veneer material. Cabinet Counter s Kitchen counter tops shall be formica with 4" bad. Vanity tops shall be one-piece cultured marble with shell s' Faucets ankiucets our inches on center. Interior Walls, Ceilings and Floors Interior walls shall be 1/2 inch sheet rock painted with 2 coats of off-white flat latex paint. Interior ceilings shall be 5/8 inch sheet rock sprayed with mica particles. House to garage ocamon wall shall be 5/8 inch fire rock. Flooring shall consist of pa--ticle floor in carpeted areas and P 6 TS ply-rcd under vinyl and ceramic tile areas. Fil I Hardware The Builder shall furnish all rough hardware. All interior doors shall have passage hardware. Master bedroom a�5atn�rs s all have a privacy loch. Entrance dwrs slhall have Wieser locks with 1/2" throw self -lock i.,`dead latch. --3-- e Ceramic Tile and Related Materials I ki N Main bath (and 3/4 bath, if any,)shall include ceramic tile to a height of 6 feet from the floor around the tub and shower, 4 inch base tile and ceramic floor tile or cLa!2 , per Al- one ceramic tile soap dish and towel bar and one chrome towel bar and paper holder shall be inch per , . 1/2 bath, if any, shall include vinyl floor, oak base, one chr me towel bar and one chrcme paper holder. Glass Products Bathroom mirrors shall be provided per plan. Soffits shall be constructed per plan. The Builder shall not be responsible for cleaning windows when the job is ca pleted. weatherstripping Weatherstripping of exterior doors to living areas shall be in accordance with manufacturer's specifications. Heating A forced air heating system shall be installed according to the requirements of the National Society of Heating and ventilating Engineers, and in all cases shall conform to local ordinances. The heating plant shall consist of a Lennox G1203E-82 natural gas, forced air system with a7Vj norse-power motor anaTtiic ignition. The furnace flue and outside air intake shall be of metal bestoes material. Sheet Metal Pain divertors shall be over unsheltered entries. Flashing shall be provided wherever necessary. Duct work for venting interior exhaust fans and hoods shall be installed as code requires. Plumbing All plumbing shall be properly installed and all connections thoroughly tested and they shall be installed according to local ordinances. Hot and cold water connections shall be made with bath tub, shower, lavatory, kitchen sink, and laundry tray. Water connections shall be made with water main in the street. Sewer connection shall be made with sewer in the street. Water meters shall be paid for by the Buyer at the time of closing at a price of $ Plumbing fixtures and specifications are as follows: Rough -in 3/4 bath dishwasher hook-up, single laundry tray, copper water piping, 1 floor drain in furnace room, a Pheam 40-gallon water heater, furnace and water heater gas opening, two lawn faucets, drain file and sump punk. Full bath includes a 14" Eljer bath tub, Mansfield 120-5 & XM-20 water closet, one piece cultured marble lavatory and a 36" x 36" molded plastic shower base, if shown on plan. Kitchen sink shall be Polar stainless steel which includes a spray attachment. All fittings are Sayoo Double Inver or equivalent. All bath fixtures shall be white. 3/4 Bath, if any, shall include a Mansfield 120-5 & XM-20 water closet, one piece cultured marble lavatory, and a 32" x 48" molded plastic shower base. 1/2 Bath, if any, shall include a Mansfield 120-5 & Xf-20 water closet and a one piece cultured marble lavatory. _4— Electrical All electrical work shall comply with the local Ordinances. Electric service shall consist of an underground 100 amp circuit breaker system. openings shall be per code. Service location shall be per local codes and the power company Receptacles shall be the duplex type and switches shall be the silent type. Telephone prewiring shall be provided by the Builder. The cost of prewiring and the installation of three modular jacks - one in living room, one in kitchen and one in masterbedroom, per pran - shall be paid for by the Builder. FOR ANY CHANGE IN IACATION OR ADDITIONAL MCATICNS, Buzm WILL BE CHARGED AT TIME of CLOSING $20.00 PER JACK. Electric light fixtures, including recessed, porcelains, bulbs, door bell and installation shall be provided by the Builder per plan. other electrical work as follows: Dishwasher, range hood fan, bath fan (main bath), furnace, sub base thermostat and door belland 220 wiring to electric range area. Painting and Decorating All exterior trim shall receive two (2) coats of paint or stain, Builder color only. Exterior side walls shall receive twv (2) coats of paint or stain, Builder color only. Decks, if any, shall receive one (1) coat of stain. All interior woodwork shall be carefully cleaned of finger marks and other stains before any oil filling, paint or varnish i applied.s All nail holes and brad holes to be filled with colored putty to match the color selected. Finishing shall consist of staining, sealing, and varnishing. Interior painted walls and ceilings shall be primed and finished with flat latex paint. FIREPLACE Fireplace, if purchased, shall include a T'EMCO - TEC36-2 prefabricated fire box with double wall flue and outside air intake. Fireplace face shall be sheetxvcJk and the fireplace hearth shall be fiber re-inforeced concrete. Fireplace mantels, special fronts and glass doors are not included with standard fireplace. APPLIANCES The Builder shall supply the following appliances, however, Builder will not tncrate or install any appliances other than the dishwasher, range hood or disposal, if any. DISHWASHER - Whirlpool #DU 300XL RANGE HOOD FAN - Whirlpool ARH 2630XL (Nonvented) FENCE A 6' high privacy redwood fence shall be installed and stained to match exterior of home. The fence shall be installed in the front side yard as indicated on survey. CARPET AND VINYL A carpet and vinyl allowance, including carpet, vinyl, pad, installation and sales tax of S 11.00 per yard shall be furnished. KITCHEN CX)MER Top Kitchen counter top selection to be made from standard colors and finishes as designated by Builder's supplier. —5— SAMPLE COVENANTS FOR NEAR MOUNTAIN P.U.D. "ZERO LOT LINE" SINGLE FAMILY HOMES CHANHASSEN, MINNESOTA NOTE: These sample covenants are to be used for example only. Final covenants will be subject to review and approval by the City of Chanhassen. PURPOSE OF THE RESTRICTIVE COVENANTS The restrictive covenants have been established to protect the value and desirability of all property in the Development. 2. LOTS SUBJECT TO THE RESTRICTIVE COVENANTS Every person who owns a lot in the Development is automatically subject to the restrictive covenants. This includes the Declarant until such time as all the lots are sold. 3. LAND USE AND BUILDING TYPE All lots shall be used only for residential purposes, i.e., single family detached dwelling and attached garage for not more than three (3) cars. Sales models, sales offices, and construction offices shall not be deemed during the sales period to violate these covenants and restrictions. The color of the exteriors of all dwellings including attached garages, shall be restricted to browns, beiges, sands and other earth tones. 4. MINIMUM SIZE OF DWELLING No dwelling shall be constructed in the Development unless it meets the applicable City ordinances. S. TEMPORARY STRUCTURES No trailer, basement, tent, shack, garage or any other temporary structure shall be used either as a temporary or permanent residence. 6. BUILDING LOCATIONS No portion of any building may be placed nearer the front, rear, interior or street right of way lines, than the approved plat allows. For the purpose Of these covenants, eaves, fireplaces, and open porches shall not be considered as part of the building. 7. NUISANCES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any owner of any other lot. B. LIVESTOCK AND POULTRY No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 9. GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of said material shall be kept clean and in a sanitary condition. copy S AMP`E SAMPLE COVENANTS FOR NEAR MOUNTAIN P.U.D. CHANHASSEN, MINNESOTA Page 2 10. ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee of three (3) members will be created to protect the value of all property in the Development. It has been given the right to approve or disapprove the erection of any building, fence, or mailbox. Plans must be submitted to the committee in writing for their approval. The committee membership may be changed by a majority vote of the lot owners at any time after 90% of the lots are sold by the Declarant. 11. FENCES The color, design, type, quality and materials of all fences constructed, erected, placed or altered shall be substantially the same as the original fences constructed by the Declarant. No original fence shall be altered or removed. Replacement or repair of any said fence shall be made in such a manner so that the color, location, type, design, quality, and materials shall be substantially the same as the original. 12. RADIO OR TELEVISION ANTENNA, ETC. No radio or television broadcasting or receiving antenna or other similar apparatus shall extend more than six (6) feet above the roof. 13. SIDE YARD EASEMENTS, EASEMENTS OF ENCROACHMENT, SPECIAL EXTERIOR WALLS, AND BENEFITTED LOTS A. Definitions: SIDE YARD EASEMENTS: That easement created to give most lot owners the use of, for passive recreational purposes only, the approximately five (5) feet between their lot line and the special exterior wall of the home on the adjoining lot. EASEMENT OF ENCROACHMENT: That easement created to give most lot owners the right to encroach their homes upon the side yard easement that they had given the adjoining lot. SPECIAL EXTERIOR WALL: The windowless, doorless, exterior wall that most homes will have abutting to, and/or encroaching upon the side yard easement. BENEFITTED LOT: The lot appurtenant to the side yard easement that derives the benefit of it's use. 14. HOW THE EASEMENT SYSTEM WORKS Simply stated, the purpose of the easement system is to allow most lot owners to have a private patio between their home and the special exterior wall of their neighbor's home. This is accomplished through the use of a side yard easement. At the same time, the system allows the neighbors periodic access for normal maintenance of their special exterior wall. The system allows for homes to be built encroaching upon the side yard easement through the use of the easements of encroachment. 15. MONUMENTS The Declarant shall have the right to construct entrance monuments. 16. TERM These restrictions and covenants shall run with the land for thirty (30) years and shall be automatically extended for successive ten (10) year periods unless a majority of lot owners agree to change the same. ' 17. ENFORCEMENT Enforcement shall be by proceedings at taw, or in equity, either to restrain violation or the recover damages. 18. SEVERABILITY Invalidation of any one of these covenants and restrictions shall in no way affect any other of the provisions. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 11, 1983 Mr. Kelly Hanson Carver County Recorder Carver County Courthouse 600 East 4th Street Chaska, MN 55318 Dear Mr. Hanson: Attached please find the approval certifications for the Lyman/Song Registered Land Survey and the Plat of Near Mountain. Please return a copy of each when recorded. Additionally, please advise me of the R.L.S. number for the Lyman/Song property when you have assigned one. Thank you. Sincerely, � - G�52d�? Bob Waibel City Planner BW : v City of Chanhassen Carver and Hennepin Counties, Minnesota In the matter of Chanhassen Planning Case :79-2 PUD Owner: Near Mountain Properties Applicant: same Street Address: P.I.N.: See attached Exhibit "B" Legal Description: See attached Exhibit "A". Purpose: Plat for development purposes. Zoning District: P-1, Planned Residential Development District. The above entitled matter was heard before the Chanhassen Planning Commission on June 8, 1983 and up for final action before the Chanhassen City Council on September 19, 1983 The City Council ordered that a Final Plat be approved (-n-ot)--b,-- rid based upon the documentation contained in Planning File 79-2 PUD. Furthermore with the following conditions: That development be carried out in compliance with provisions of the Development Contract between Near Mountain Partnership I and the City of Chanhassen dated September 21, 1983 and the Development Contract Addendum between Near Mountain Limited Partnership I and the City of Chanhassen dated September 21, 1983. State of Minnesota) )ss Carver County ) I, /IO11--fT City Planner for the City of Chanhassen, do hereby certify that I have compared the foregoing with the original record thereof, and have found the same to be a correct and true summary thereof. Witness my hand and official seal of Chanhassen, Minnesota, this day of'�.�^' 19fl. i '.✓�� -Ice Clt Planner NOTE: h� Exhibit "A" That part of Section 1, Township lie North of Range 23 West, described as follows: Commencing at a point in the West line of said Section 1, distant 905 feet South of the Northwest comer of said Section 1; thence North 89' 20' East 390 feet to the actual point of beginning of the tract of land to be described, said point of beginning being In the center line of the Excelsior and Eden Prairie road as now laid out and traveled; thence continuing North 89. 20' ` East 198.5 feet to an intersection with the center line of the old Eden Prairie (so called) road as originally laid out but now abandoned and vacated; thence North 49' 10' East 88.6 feet along the center line of said abandoned road; thence North 29' 59' East 159.4 feet along the center line of said abandoned road; thence North 450 20' East 187.1 feet along the center line of said abandoned road; thence North 44. 20' East 225.1 feet along the center line of said abandoned.road; thence North 65' 41' East 212 feet along the center line of said abandoned road; thence North 78' 05' East 89.1 feet more or less along the center line of said abandoned road to its intersection with the East line of Government Lot 6 of said Section 1; thence North along the East line of said Government Lot 6, 347.9 feet to the Northeast corner of said Government Lot 6; thence West, along the North line of said Section 1 a distance of 744.15 feet to the United States Government meander comer in the North line of said Section 1, said meander corner being 558.03 feet east of the Northwest corner of said Section 1; thence South 19' 35' West 361.e feet; thence South 9' 50' West 327.9 feet; thence South 1' 40' East to the actual point of beginning. Subject however 4 to a public easement in the existing highway. ) That part of Lots 12 and 13, Pleasant View, Carver County, Minnesota, lying Northeasterly of a line running from a point in the Southeasterly line of said Lot 12 distant 113.2 feet Southwesterly of the most Easterly corner thereof, to a point in the boundary line between said Lots 12 and 13, distant 149,37 feet Southwesterly of the most Easterly comer of said Lot 13, and running thence from said point in the boundary line between said Lots 12 and 13 to a point in the Northwesterly line of said Lot 13, distant 43 feet Northeasterly of the most Westerly corner of said F Lot 13, except the Southeasterly 15 feet of that part of Lot 12 above described. That part of Government Lot Four (4), Section One (1). Township One Hundred Sixteen (115), Range Twenty Three (23)' Carver County, Minnesota, lying Northeasterly of "Pleasant View", according to the plat thereof on file and of record in the office of the Register of Deeds, Carver County, Minnesota, and lying between the Northeasterly extensions of the Northwesterly line of Lot Thirteen (13) and the Southeasterly line of Lot Twelve (12) said "Pleasant View", extended i to the North line of said Government Lot Four (4). All that part of Government Lot Four (4) Of Section One (1), Township One Hundred Sixteen (116), Range Twenty i Three (23), Carver County, Minnesota, lying Northerly of the Northeasterly Line of "Pleasant View", accord... to the plat thereof on file and of record in the office of the Register of Deeds, Carver County, Minnesota, and westerly of the Northeasterly extension of the dividing line between Lots Thirteen (13) and Fourteen (14) of said "Pleasant View",, If extended Northeasterly in a straight line to the North line of said Government Lot Four (4), according to the Government Survey thereof. Lot 14, Pleasant View, according to the plat thereof on file and of record in the office of the Registrar of Tttlos in and for said County of Carver and State of Minnesota. .� t The Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) and the North Half (N 1/2) of the Northeast y Quarter (NE 1/4) except the East 476 feet of the South 525 feet of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), all in Section 1, Township 116, Range 23, Carver County, Minnesota. According to the Government Survey thereof. Tract "A", Registered Land Survey No. 14, files of the Registrar of Titles, County of Carver and State of Minnesota.'' • as i+ '+� .. z,., K .v Mc, � �{" Exhibit "B" 250010500 256760010 250012300 250013400 250013500 250013900 Minnesota Pollution Control Agency Nutp OCT 10 1983 The Honorable Tom Hamilton Mayor, City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Mayor Hamilton: Enclosed is a copy of Permit Number 13059 for construction and operation of a sanitary sewer extension in Chanhassen, Minnesota. Please review the Permit, any Special Conditions, the General Conditions (No. 1-19) and information relative to plans and permit applications carefully. Please let us know if you have any questions concerning them. If you have any questions, you may contact Mr. Don Perwien of my staff at the address below or call (612) 296-7257. Sincerely, Curtis J. SparV , P.E. Chief, Permits Section Division of Water Quality CJS/DKP:cmc Enclosures cc: City Council, c/o Donald Ashworth Schoell & Madson, Inc. Metropolitan Waste Control Commission Metropolitan Council RECE;'�, ED OCT 12 1983 CITY OF CHANHASSEN Phone: 1935 West County Road B2, Roseville, Minnesota 551 13-2785 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer a Minnesota Pollution Control Agency VCP PERMIT FOR CONSTRUCTION AND OPERATION OF A DISPOSAL SYSTEM Chanhassen Carver County Pursuant to Authorization by the Minnesota Pollution Control Agency, and in accordance with the provisions of Minnesota Statutes, Chapters 115 and 116, plans are approved and a permit is hereby granted to the City of Chanhassen for construction and operation of a sanitary sewer extension in Chanhassen, Minnesota. The facilities consist of 2,540 linear feet of 8-inch sanitary sewer pipe. The facilities are further described in plans and specifications designated "Near Mountain" received September 30, 1983 prepared by Schoell and Madson, Inc. for the City of Chanhassen. It is the permittee's responsibility to assure compliance with any special conditions and the general conditions that are required by this permit. This includes taking all necessary measures needed to comply including, but not limited to, the notification of contractors or others who may be carrying out this work. PERMIT NUMBER: 13059 DATED: OCT 10 1983 Curtis J. S, rk P.E. Chief, Permits Section Division of Water Quality Phone: 1935 West County Road 62, Roseville, Minnesota 551 13-2785 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer Riley- Purgatory Creek Watershed District October 4, 1983 Mr. Bill Englehardt Schoell & Madson 50 - 9th Avenue South Hopkins, Minnesota 55343 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 Re: Utility Installation, Phase II - Near Mountain Development: Chanhassen Dear Mr. Englehardt: The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for the installation of utilities on Phase II of the Near Mountain Development in Chanhassen. It is the District's understanding that in addition to the utilities being installed on this phase of the development, the stormwater detention facility located in the Phase I area is to be constructed in conjunction with work on Phase II. With this noted, the Managers approve the grading and land alteration permit subject to the following conditions: I. All erosion control measures required as a condition of the site grading permit must remain in place and be maintained until all areas altered because of utility installation have been restored. 2. All areas altered because of utility installation must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within 2 weeks after completion of utility installation or no later than June 1, 1984. 3. The District must be notified a minimum of 48 hours prior to commence- ment of utility installation. If you have any questions regarding the District's comments, please call us at 920-0655. ncer ly Ro _ ert C. Obermeyer BARR ENGINEERING CO. Engineers for the District Approved by the Board 6,1LEY-PUU,GrY,(',flIRY 1 RCO/Ill C1_t4_LI c: Mr. Frederick Richards Mr. Frederick Rahr Date Mr. Bill Monk--' RECEMED OCT G +_ 1983 CITY OF CHANHASSEN anagers X WA TE SHED DISTRICT '� . President CITY DF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 21, 1983 Mr. Peter Pflaum Near Mountain Limited Partnership 935 Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Pflaum: Enclosed please find executed.copies of the Planned Residential Development Contract and the Residential Contract Addendum for the Near Mountain development. If you have any questions, please feel free to contact me. Sincerely, Wtr William Monk City Engineer Wm ;:/ Enclosure CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 19, 1983 Mr. Dennis Mulvey Lundgren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, MN 55391 Dear Dennis: The following is in response to your inquiry on the side yard setback for proposed patios and decks for the "A" type small lot single family unit. Staff has reviewed the plans submitted and find that the proposed minimum side yard setback of five feet for the construction of decks and patios is consistent with the development objectives of the northeast portion of the Near Mountain project and addi- tionally is an improved use of open space. For your records, building permits for this particular unit will be unconditionally issued provided that the building plans main- tain the minimum side yard setback of 5 feet as shown on sheet 2 of Plan A marked Official Copy and dated received Chanhassen Community Development Department September 19, 1983 contained within Planning File.79-2 PUD. Should you have any questions or need further information, please feel free to contact me. Sincerely, Bob Waibel City Planner BW : k cc: Scott Martin, Community Development Director George Donnelly, Building Official CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION DATE: September 19, 1983 RESOLUTION NO: 83-42 MOTION BY: Horn SECONDED BY: Gevinq A RESOLUTION APPROVING THE REVISED PLAT OF NEAR MOUNTAIN FOR PHASE I WHEREAS, the Chanhassen City Council approved the final plat for Near Mountain First Addition at its meeting of October 18, 1982 and the final plat for Near Mountain Second Addition on August 22, 1983. NOW, THEREFORE, BE IT RESOLVED, that the Chanhassen City Council hereby recinds its actions and approvals as listed above. Also, that the Council approves a revised Near Mountain final plat as prepared by Schoell and Madson, Inc., which is consistent with the preliminary plat for development of the northeast por- tion of said plat. Passed and adopted by the City Council of the City of Chanhassen, this 19th day of September, 1983. ATTEST: -;z //�z< //6� r Don Ashworth, City-Clerk/Manager Thomas L. Hamilton, Mayor YES Hamilton Horn Geving Watson Swenson NO None ABSENT None VtA CITY-OF C'"I "INHASSEN 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 September 16, 1983 Mr. Sherman Goldberg Lundgren Bros. Construction Company 935 Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Goldberg: This letter is to confirm the City's understanding that previous Metropolitan Council and Environmental Quality Board actions dic- tate that an Environmental Impact Statement is not required for Near Mountain. Sincerely, William Monk City Engineer WM:k trSTATE OF L DEPARTMENT OF NATURAL RESOURCES METRO. REGION WATERS - 1200 WARNER ROAD, ST. PHONE NO. 296-7523 January 12, 1990 Ms. JoAnn Olsen City of Chanhassen 690 Coulter Drive Box 147 Chanhassen, MN 55317 ZN A L go PAUL, MN 55106 FILE NO. RE: NEAR MOUNTAIN DEVELOPMENT, MARKET SQUARE DEVELOPMENT, CITY OF CHANHASSEN, CARVER COUNTY Dear Ms. Olsen: The following comments are offered, however, some may be outdated if significant modifications have been made. General Comments The following comments pertain to both of the above -referenced projects. 1) Neither project meets the definition of a planned unit development (PUD) as stated in the Department of Natural Resources Rules 6120.2500, Subpart 12. Therefore, DNR approval will not be required. 2) The Carver County Soil and Water Conservation District should be consulted to ensure that adequate sedimentation/erosion control measures are used for the projects. Also, the grading for the projects should follow the existing contours as much as possible. 3) The U.S. Army Corps of Engineers regulates many wetlands that the DNR does not have jurisdiction over. The Corps should be consulted if any wetlands are to be filled, and the proper permits obtained for the project (Vern Reiter @ 220-0363). Near Mountain Development (Received July 12, 1989) 1) The project is depicted as having riparian lots located on Silver Lake (27-136P). Silver Lake's status as a protected water and its protected water number should be printed on the plat sheets for the benefit of homeowners who buy the lots. 2) The ordinary high water mark (OHW) of Silver Lake is 898.1' (NGVD, 1929). Work done below the OHW of Silver Lake must have a DNR protected waters permit. AN EQUAL OPPORTUNITY EMPLOYER JAN 15 1999 ary. OF CHANW-6SEN Ms. JoAnn Olsen Page Two 3) The plans do not indicate what will happen to the stormwater runoff from the project site. Runoff from the drainage site should be treated by using settling basins, skimming devices, or other methods before it enters a body of water. If possible, the rate of runoff from the project site should remain the same after construction, as it was before construction. Market Square (Revised plan received August 18, 1989) We have no specific comments. There are no protected waters on the site, and it is not within a shoreland district. Thank you for the opportunity to comment. Please contact me or Hydrologist Joe Richter should you have questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: Vern Reiter, USCOE Silver Lake (10-136P) file C286:kap I Enclosures: Cover Letter Vicinity Map Original Approved Development Plan First Amended Development Plan (5/81) Proposed Amended Development Plan (1/84) Tabular Data Comparing Plans Development Standards Phasing Plan Legal Description of Street & Easement Vacation Typical Lotting Plan for Chestnut Ridge Elevations df Country Homes Entry Monuments Street Signage LUnDGR,,(J,11 ' n CONSTRUCTION B RS � �. INC. 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 February 1 , 1984 Department of Planning City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, Minnesota 55317 Re: Final Development Plan Amendment Change The Near Mountain Project Dear Sirs: The Near Mountain Partnership herewith submits this request for an Amendment Change to the Final Development Plan for the Near Mountain Planned Residential Development. Over the past five years, the Partnership has retained these 147 acres in Chanhassen, assuming the tax and assessment liability, waiting for market conditions to be correct for commencement of development: That time is now here. As some of you are aware, construction has begun on the Chestnut Ridge neighborhood (Phase 1) of the Chanhassen portion of the Near Mountain project. The initial public response to the marketing of this neighborhood has been very positive, and indicates a public acceptance and enthusiasm for the Chanhassen location and the product line being offered. Since the beginning of planning work on this project, the 6+ acres of American Lutheran Church property (at the northwest intersection of Hwy 101 and Pleasant View Road) has been a question mark as to its use. The partnership has now initiated acquisition of this parcel and propose incorporating it into the overall P.U.D. In addition to incorporating this additional property into the original P.U.D., the Near Mountain Partnership also requests to "rework" the neighborhood layout of the.proposed 188 single family homes. 7 Page 2 Final Development Plan Amendment Change The Near Mountain Project, continued At the time the original master plan was formulated for the Near Mountain project, market conditions indicated a demand for a specific mix of unit types. As time has passed, market conditions have changed. It is these market conditions which the Near Mountain Partnership is attempting to respond to in the "reworking" of the single family neighborhoods. The "Original Approved Plan" for the Chanhassen portion of the Near Mountain project called for a mix of 300 housing units over 147+ acres for a net density of 2.04 units per acre (see accompanying chart for exact unit breakdown). In 1981, additional planning work was done on this project and a "First Amended Development Plan" was approved showing a mix of 290 housing units over the same 147+ acres, for a net density of 1.97 units per acre (see accompanying chart ._ for exact unit breakdown). The Near Mountain Partnership is now presenting a ".Proposed Amended Development Plan" which included 308 housing units on 153+ acres, providing a net density of 2.01 units per acre -a density slightly below the originally approved density of 2.04 (once again, see accompanying chart for exact unit breakdown). - The incorporation of the currently nontaxable American Lutheran Church property into the P.U.D. and the "reworking" of the neighborhoods aids in providing a more coherant traffic plan for the development and for the city. In addition, the revised neighbor- hood layout more favorably delineates the three single family neighborhoods. Overall, the addition of the 6+ acres and the revised neighborhood layouts provide what we feel is a much superior and coherant P.U.D. plan. The accompanying site plans, charts, drawings, etc. are provided for your use. If you have any questions or we may be of further assistance, please contact us. R spectfully submitted, for.the Near Mountain Partnership Dennis L. Mulvey A.I.A. DLM/vf Enclosures 1~ :D 0 A I CL m 0 original concept plan