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79-02 - Trappers Pass PUD pt 2CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 14, 1987 Mr. Roger Knutson 403 Norwest Bank Building P.O. Box 57 So. St. Paul, MN 55075 Dear Roger: Enclosed please find a Quit Claim Deed for a trail section in Near Mountain, 5th Addition. Please take the appropriate action to have it recorded. Sincerely, /k. Lori C. Sietsema Park and Recreation Coordinator Enclosure LCS:n 0 I-) Form No. 31-M—QUIT CLAIM DEED Corporation or Partnership to Corporation or Partnership Minnesota Uniform No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by STATE DEED TAX DUE HEREON: $ Date: June 26th , 19 87 Blanks_(1978) _ Miller -Davis Co.. Minneapolis (reserved for recording data) FOR VALUABLE CONSIDERATION, Lundgren Bros. Construction, Inc. a Corporation under the laws of Minnesota , Grantor, hereby conveys and quitclaims to City of Chanhassen Grantee a Minnesota municipal corporate ge, lider the laws of Minnesota real property Carver County, Minnesota, described as follows: in Outlot A, Chestnut Ridge at Near Mountain 5th Addition (if more space is needed, continue on back( together with all hereditaments and appurtenances belonging thereto. LUNDGREN S. CONSTRUCTION INC. Affix Died Tax Sta:nD Here By Its By Its STATE OF MINNESOTA Hennepin j SS. COUNTY OF 1 The foregoing was acknowledged before me this 26th day of June 19 87 by Pala Wnllan glq(� —' the Assistant Secretary x��tp( ' of Lundgren Bros Construction Inc a corporation under the laws of Minnesota , on behalf of the corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) /T SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT . or Margaret D. Delon Tax Statements for the real property described in this Instrument should r {`'^ Notary' Pubilc-Minnesota H •�n�Din Gounty be sent to (Include Herne and address of Grantee): r- ?' My Cornet. Exp. 11-2-90 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Lundgren Bros. Construction, Inc. 935 E. Wayzata Blvd. lWayzata, MN 55391 RA 7. 'I'fN CIT j4^ August 13, 1987 To Whom It May Concern: RE: Lundgren Brothers Construction, Inc. HUD Subdivision Feasibility Analysis for McKinley Place at Near Mountain 3rd Addition Shorewood, Minnesota Received 08/10/87 Metropolitan Council Referral File No. 14270-1 Metropolitan Counci 300 Metro Square Buildinc Seventh and Robert Street" St. Paul, Minnesota 55101 Telephone (612) 291-635E The Department of Housing and Urban Development has forwarded to the Metropolitan Council for review an application on the project identified above. A copy of the application, which provides further detail, is enclosed. The Council welcomes any information you may have regarding this project which you feel may assist the Council in its review. Comments should be sent within one week. Thank you. Sincerely, METROPOLITAN COUNCIL L ohn Rutford Referral Coordinator JR:ch cc: Maurice Chandler, Coord., Minnesota Intergovernmental Review Process Dirk deVries, Metropolitan Council District 13 AUG 1 __ 1081 OTY pc CHANHASS= An Equal Opportunity Employer R ,1 U.S. `�artment of Housing and Urban Q,velo2mc �glji' a• Mint— -Olis-St. Paul Office, Region V � •;' 220 Second Street, South Minneapolis, Minnesota 55401-2195 METROPOLITAN COUNM- REEERRAF ME ?VI August 10, 1987 1•ir.. Jct-1 Rutford, Referral Coordinator t�Setrc~,politan Ccuncil 300 �`:etro Square Building 7th & Rcbert St. Paul, i^; 55101 Lear ?•�r . Rutford: Subject: Subdivision 'No. 190-87-DC McKinley Place at Near Mountain - 3rd Addition Shorewood, MN Pursuant to Elvecutive Order 12372 Prccedures and the cocjx.-ration of tt-.e 'Ni-nesota State Planning Agency; enclo:.;,xII find tl follawing inform tics for your review: a. Applicatiaz for Envirm- ental Review. b. Location Nap. C. Plat. Enclosures cc: Veterans administratim Sincerel- JotUrx- tiuenger Director, Housing D`velolnnent 0 OMB No. 2502.01 US. DEPART.tENT a HOUSING AND URBAN DEVELOPMENT VA • L, HOUSING —FEDERAL HOUSING COMMISSIONER APPLICATION FOR ENVIRONMENTAL" NAME AND ADDRESS OF DEVELOPER Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, Minnesota 55391 " GUARANTY SERVICE V I EYVliECEI ED = FHA BY SIVfSl9�4— JUL 30 1987 (STATE ZIP ER (Include CITY OR COUNTY Area Codel Wayzata Minnesota 55391 612/473-1231 HUD/VA FILE NUMBER NAME OF SUBDIVISION f McKinley Place at Near Fountain 3rd Addition TRACT NUMBER LOCATION OF SUBDIVISION Shorewood Hen in County 027502 I STAGE OF DEVELOPMENT OF SUBDIVISION ❑ Proposed CY� Started ❑ Completed Environmental review of this proposal is requested and the following exhibits are attached: Location Map Optional Information submitted: ®�►lGibiYJ�K�(�d(�i?i}��S Final Plat ❑ Soils Report ❑ Topographic Data Signed Equal Employment Opportunity Certification ❑ Preliminary Grading Plan ❑ A-95 Comments HUD-920101VA26.421 ❑ Other Proiect iS portion Df "Near i"oil tain'-t which received environtr ® Affirmative Marketing Plan (HUD-935.2/Certification of Intent Not to .Market (HUD-935.3)) 1-1 aara nrp i n 1 QRfI CnC, GENERAL INFORMATION 1. Developer is: ® Land Owner ❑ Option Holder 2. Size of this Parcel: 1'' aC 3. Number of Lots: 26 4. Typical Lot Size: 14,400 SQ ft 5. Adjacent Land Under Developer's Control: (Shorewood� _ ? 32 Acres 6. Other Land Uses: Residential 7. Parcel is part of a locally -approved development plan of 273 lots 8. Developer will: [� develop land and build homes; initial plan is to start 1 homes in $ 110 ,000 to $ 145 000 ' price range. ❑ develop land and sell improved lots. ❑ produce finished typical building sites at a price of ❑ limit site grading to minor redistribution with house foundation in natural soil. M construct house foundations on soils engineered cuts attached. 16. Covenants recorded? ® Yes ❑ No ® Will be identical to previous unit. ❑ Will conform with FHA Data Sheet 40. 17. a. Water System: ® Central (Public or Community, ❑ Individual b. Sewerage System: ® Central (Public or Community, ❑ Individual 18. Proposed Street Improvements: Pavement Base Bi tumi noUS or Gravel Wearing Surface Bi tumi nouS ® Curb'and Gutter ❑ Sidewalks 19. Underground electric and telephone? ® Yes ❑ No (Explain under Remarks) 20. Gas? ® Yes ❑ No 21. Will development include common area? ❑ Yes ® N (Describe facilities and maintenance under Remarks) 22. Developer ® has ❑ has not previously dealt with th HUD/VA Office. ❑ has dealt with other HUD/VA Offi (Explain under Remarks). 23. Schools (Distance, direction): I".i nnetonka 0i s tri c m n x N C• � UNTy ROAD 17 C,40WER5 BLVD. n —' N D 7 `f� •-1 4 A E0 � N T � C) o i 7 C7 \ N CD 0 O O - N 7 2 ��'�.•Yb,' 7 � ti O n c x:frrt:. y O CHANHASSEN RO. STATE HWY 101 N w � Z O n ly D } �7 < o � fTl Z 7J z fTl � m Z o z Ax m 0 O n z z m C) 0 A C - z N -r •3 z =- r= - m Oq r;- la CITY OF Puk CHASHASSrN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 iw. wr. � a.. aJ nuuuwuaaan Endorsed MEMORANDUM Modified Rejecter — Date TO: Don Ashworth, City Manager Date Submitted to Commission FROM: Jo Ann Olsen, Assistant City Planner Date Submitted to Council DATE: February 18, 1986 SUB J: Final Plat Approval of Chestnut Ridge at Near Mountain 7th and 8th Additions The applicant has submitted final plats for the 7th and 8th Additions to Chestnut Ridge at are consistent with the approvedNear Mountain. Both final plats 14, 1985 (Attachment #1).preliminary plat dated January Staff is recommending approval of the Mountain 7th and 8th Additinut Ridge at ons final plats t(Attachments 2Near 3) stamped received February 3, 1986. ATTACHMENTS 1• Approved Preliminary Plat. 2. Final Plat of Chestnut Ridge at Near Mountain 7th Addition. 3. Final Plat of Chestnut Ridge at Near Mountain 8th Addition. -LTr` Irti �J PL.OT /9/9. /gl o N 0 p Q- IT 55 4-70 I T In 35,Z.00 sF.\ \ 4iDCHES N \ I r a rs r I` it, of 2'1,400 — I I NEAR N 9 sy rgR€ ast6 sf ?0 t'Z,o$Z,'t�to _ •j1,b00 / p N lO l r I i' 1 0 �o s llo Or 29,20o sf: o 1 5 ` 0 `4 N 50 11 s M $zz e£ le° � .� ��?, 900 14,ac1.•f. 0/ 0 tiF9 4, t a�. "�` z5 20-G 6S �G ,i.q 2 50osi _ S• \� `_n >0 19600 } 2/p \\\\ \�.1 •\ , � 4co /moo � o 1 POND � 0 0 IZ \ sf 11 � - Z 3a,gaosf \ •�' ta, too 1' �. 1O.9ooa_4 F S O / 14,Zppsf_ s4 � ll5 1 I \ l 93 3 n JBo � I t \ l ,iS tDI Dr - q5 '15 t>e 25,Soo 6 o I ,bao ��.600 s,F t$,4m sF J 18 �sf f� t O O I6; oo ,3,000 13�oosf i" b.looc4 14, t I oo srza . L 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by Or Aofni"Irlit;t% Endorse' MEMORANDUM Modified -- Rejected J TO: Don Ashworth, CityManager Dates/ed to Cod g Date Submitted to Commissiolt FROM: Planning Staff NO- iu!„^i;ted :o (;ou7ci{ DATE: March 10, 1986 Z-M Af6 SUBJ: Street Name Change in the Near Mountain P.R.D. Lundgren Brothers Construction Company is requesting approval of a street name change in the Near Mountain P.R.D. They are proposing to change the easterly segment of Oxbow Bend to Mountain Way (Attachment #1). Planning staff recommends approval of the attached resolution to allow the proposed street namechange. ATTACHMENTS 1. Location of street. 2. Resolution changing name of street. JO:v 0 1N3UoCNm NIVINoVU'v aN C I TY, OF 'aY CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 March 20, 1986 Mr. Mike Pflaum Lundgren Brothers Construction 935 East Wayzata Boulevard Wayzata, MN 55391 Dear Mike: This is to confirm that on March 17, 1986, the City Council approved the attached resolution to change a portion of the easterly segment of Oxbow Bend to Mountain Way in the Near Mountain P.R.D. Should you have any questions, please call me. Sincerely, Jo Ann Olsen Assistant City Planner JO:v f- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 17, 1986 _ RESOLUTION NO: _ 86 -14 MOTION BY: Horn SECONDED BY: Watson A RESOLUTION ACCEPTING A STREET NAME CHANGE IN CHESTNUT RIDGE AT NEAR MOUNTAIN NOW, THEREFORE, BE IT RESOLVED, that the Chanhassen City Council hereby approves the street name change of Oxbow Bend to Mountain Way along Lots 1-8, Block 5, and Lots 8-14, Block 3, Chestnut Ridge at Near Mountain 5th and 7th Additions, Section 1, Township 116, Range 23. Passed and adopted by the Chanhassen City Council this 17th day of March 1986. ATTEST: Don - - Ashworth, City Clerk/Manager TPIomas L, j Hamilton, Mayor YES NO Hamilton None Horn Watson Swenson GevinQ ABSENT __ _None REGULAR CHANHASSEN C� COUNCIL MEETING „ c,March 17, 1986 Mayor Hamilton called the meeting to order. Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson, Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, Lori Sietsema and Bill Monk The meeting was opened with the APP�AL OF AGENDA: Councilwoman Watson moved to a pprve the sented with the addition of discussion on a fertilizeroordinance. as pre_ seconded by Councilman Geving. The followin Motion was Councilwomen Watson and Swenson 9 voted in favor: Mayor Hamilton, r Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the followin items pursuant to the City Manager's recommendation: 9 consent agenda a. Set Date for Board of Equalization and Review Meeting, • May 19, 1986. b, RESOLTUION #86-13: Request to Adopt Resolution Programs, Minnesota Recreation and Supporting Grant Park Association. C. RESOLUTION #86-14: Street ,Name Change, ,year Mountain Set Date for Council Worksession, March 24, 1986. a, RESOLUTION #86-15: Approve Construction Plans and S Chanhassen Lakes Business Park 5th Addition Pecifications for Opus Corporation. f• Approve Construction Plans and Specifications for Chestnut 7th and Sth Additions and Trapper's Pass Ridge Lundgren Brothers. 2nd Addition, 9• Authorize Preparation of Highway 5 Streetscape Plan, Motion was seconded by Councilwoman Watson. Mayor Hamilton, Councilwomen Watson and Swensone following voted in favor: r Councilmen Horn and Geving. No negative votes. Motion carried, COUNTY ASSESSING CONTRACT,MIKE SCHACTERLE: Mr. Schacterle has asked that the Council not ready to speak at this evenings meetin act on this tonight as he was City Manager had to clarify, g• There were also some items that theot REGULAR CHANHASSEN C, -) COUNCIL MEETING ,,,:,March 17, 1986 Mayor Hamilton called the meeting to order. Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson, Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, Lori Sietseme and Bill Monk -7q-,�- Pud The meeting was opened with the APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as pre- sented with the addition of discussion on a fertilizer ordinance. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. Motion carried. No negative votes. CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendation: a. Set Date for Board of Equalization and Review Meeting, • May 19, 1986. b. RESOLTUION #86-13: Request to Adopt Resolution Supporting Grant Programs, Minnesota Recreation and Park Association. C. RESOLUTION #86-14: Street Name Change, Near Mountain Addition. d, Set Date for Council Worksession, March 24, 1986. e. RESOLUTION #86-15: Approve Construction Plans and Specifications for Chanhassen Lakes Business Park 5th Addition, Opus Corporation. f• Approve Construction Plans and Specifications for Chestnu 7th and nth Additions and Trapper'st Ridge Pass 2nd Addition, Lundgren Brothers. 9• Authorize Preparation of Highway 5 Streetscape Plan. Motion was seconded by Councilwoman Watson. The followin Mayor Hamilton, Councilwomen Watson and Swenson 9 voted an favor: Council negative votes. Motion carried. men Horn and Geving. No COUNTY ASSESSING CONTRACT. MIKE SCHACTERLE. Mr. Schacterle has asked that the Council not act on this tonight as he was ready to speak at this evenings meeting. There were also some items that the City Manager had to clarify, /{� �`p .� �. ���s_.,r� ��•i.��''f,.G.O t./��iC.�' `� Q''f.'C"A'�'1��.,G� 9 ' 2 installation of the cable beneath the bed of Purgatory Creek should take less than one hour. B. Permit #86-9 - Utility Installation - Sawatch at Near Mountain - Grading and Land Alteration Permit - Shorewood. Mr. Obermeyer did note that the waters on this site do not appear to be protected waters by the Department of Natural Resources. Hence, the Managers noted that the District's permit will be the only grading and land alteration permit required to be secured by the developer at this site. During the course of consideration of the permit conditions to be applied .to this site, the Managers. questioned the term, "proper energy dissipation." The Managers advised the District's engineer to include as a permit condition a more defineable standard and required the engineer to review and approve prior to construction the proposed devices to be used by the developer to provide for adequate and proper energy dissipation. C. Permit #86-12 - Bluff Green Development - Grading and Land Alteration Permit - Site Grading and Utility Installation - Chanhassen. Upon the recommendation of the District's engineer, it was noted that the developer had requested that this matter be continued. It was moved by Cardinal, seconded by Rahr that this matter be continued until revised plans and specifications are submitted to the District for formal review and approval. D. Permit #86-14 - Utility Installation - The Farm - Grading and Land Alteration Permit - Eden Prairie. The Managers•recognized Mr. Peter Knaeble of Ron Krueger & Associates regarding the submission of this grading and land alteration permit application. E. Permit #86-15 - Red Rock Heights, 3rd Addition - Grading and Land Alteration Permit for Site Grading and MDNR Chapter 105 - Work in Public Waters Permit for Utility Installation - Eden Prairie. Mr. Peter Knaeble of Ron Krueger & Associates was present to answer any questions the Managers had regarding this permit application. -3- CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 February 27, 1986 Mr. Peter Pflaum Near Mountain Partnership 935 E. Wayzata Boulevard Wayzata, MN 55391 Dear Mr. Pflaum: This is to confirm that on February 24, 1986, the City Council approved the final plats for Chestnut Ridge at Near Mountain 7th and 8th Additions. The City and County now only require the sub- mittal of two mylars and no hardshells. Should you have any questions, please feel free to call me. Sincerely, �) �t 0." .,� Jo Ann Olsen Assistant City Planner JO : v F F71 ' 6-29-82 9-27-82 10 -12 - 82 CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT CONTRACT NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this .2J4r day of 19-;� by and between NEAR MOUNTAIN LIM TED PARTNERSHIP I, a limited partnership of which PETER PFLAUM and ROBERT L. MELAMED 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. Final Development Plan and Preliminary Plat Approval. Developer has heretofore made application to the City under the City Zoning Ordinance for the approval of a P-1, Planned Residential Development District, for certain lands comprising approximately 147 acres, more or less, identified as Near Mountain, and more particularly described on Exhibit A attached hereto and made a part hereof. 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 Development District, under the Chanhassen Zoning Ordinance and for preliminary development plan and preliminary plat approval. Thereafter, the City Council on May 11, 1981,.granted final devel- opment plan approval, including rezoning of the plat to P-1, Planned Residential Development District and preliminary plat approval, all said approvals being subject to the terms and con- ditions of the within agreement and on the further condition that the Developer and Owners enter into this agreement. 1.02. Ownership Interests. The fee owner of the , tract of land comprising Lots 1 through 3, Block 1, Lots l through 31�4, Block 2, Loth 1 Block 3, Lots 1 through 2, Block 4, Mountain is or shall be at the time of platting as follows: Block 5, and Outlot B in the plat of Near Near Mountain Limited Partnership I, a Limited part- nership 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. or Lindgren Brothers Construction, Inc. iCAHNl� V4 6-29-82 1.03. Phasin:; Plan and RecordjEja of Final Plats. Consistent with the Final Development Plan approval, final plats for Near Mountain shall be recorded in phases. Each phase shall be consistent with the approved preliminary plat, more particularly described on Exhibit B, or require submission of a new application. The terms of this agreement shall be binding for all phases platted prior to December 31, 1990. At such time, the Chanhassen City Council, at its discretion, may further extend this agreement or require a new application for sub- sequent phases. 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. Watermains e. Storm and surface water drainage and holding ponds f. Street signs g. Boulevard sodding or seeding h. Underground utility lines, and i. 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 pro- fessional engineer, which plans and specifications shall be sub- ject 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 sub- ject to the inspection and approval of the City Engineer. -2- 6-29-82 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 the Developer that the construc- tion of the public and private improvements within each final plat of the phases of development contemplated by_§1.03 hereof shall commence within one year of the filing of the final plat at the Carver County Courthouse and that all public improvements shall be completed within two years of said plat filing. 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. 2.07. Claims for Work. The Developer shall not do any work or furnish any materials not covered by the plans and spec- ifications 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. -3- a 6-29-82 9-27-82 Any such ,or materials ay be d one furnished by thecontractor, without such writtenorderfirstr 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 by 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 accor- dance with the approved plans and specifications, and the resolu- tion noted in Section 2.06(c) shall be adopted. Also, 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 per- sonally liable or responsible in any manner to the Developer, 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 shall 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. Erosion Control. Developer, at its Pxnancc shall provide temporary dams, earthwork or such otherdevicesand 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. -4- 6-29-82 2.12. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City twenty-four (24) months after completion of installation of the street lighting system, or after fifty per- cent (50%) of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 2.13. Conveyance of Improvements. Upon completion of the installation by Developer of the improvements set forth in 12.01 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. 2.14. 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 Engineer, 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 and provisions for adequate site access. 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. 2.15. One Year Guarantee of Work and Guarantee Bond. All work and materials performed and furnished by the Developer, its agents and subcontractors pursuant to 12.01 above, which are found by the City to be defective within one year after accep- tance 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 an irrevocable letter of credit, or a corporate -surety bond, at the election of and in an amount established by the City, furnished by the developer to the City. Said letter of credit or surety bond shall first be approved by the City Attorney, and shall be in addition to, and not in lieu of, any other remedies which may be available to the City to secure any defects in materials and workmanship. 2.16. 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 prop- erty 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 -5- 6-29-82 10-12-82 less than $500,000 for one person and $1,000,000 for each accident; limits for property damage shall be not less than $200,000 for each accident. The City shall be named as an addi- tional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City. 2.17. Remedies Upon Default. a. Assessments. In the event Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by 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. 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 violations of this development contract. SECTION 3. Reserved. -6- SECTION 4. SPECIAL CONDITIONS. 4.01. Trail System. 6-29-82 9-27-82 10-12-82 10-18-82 a. The Developer shall donate to the City a per- petual fifteen (15) foot wide easement for a pedestrian trail system which shall conform to the Preliminary Development Plan previously submitted to the Planning Commission on August 29, 1979 and identified as "Site Plan" prepared by Herb Baldwin, Landscape Architect, showing the trail alignment and a proposed scenic overlook. The trail system shall be separate from the street bituminous surface, although where adjacent to the roadway it is within the platted right-of-way, and may be activated by the City at any time, regardless of whether the phase of the project over which the trail system extends has been finally platted or devel-oped. The obligation to furnish and install the surfacing and to maintain the system shall be solely that of the City. I iJt t 4.02. Covenants and Restrictions. Any proposed cove- nants 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 the Registrar of Titles. The zoning ordinances and regulations of the City shall govern if.incon- sistent 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. 4.03. 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 construction of improvements has been completed in order to preserve the lot markers for future property owners. 4.04. Street. a. The North -South (Near Mountain Blvd.) and East-West (as yet unnamed) 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 unless otherwise approved. b. All streets within the plat shall be constructed with concrete curbs and gutters. 4.05. 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 -7- 6-29-82 when hazards develop in streets to prevent the public from tra- veling 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 sur- face and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the sub- division 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. 4.06. Street Signs. All street name and traffic signs required within the subdivision at the time of City acceptance shall be furnished and installed by the City at the sole cost of the Developer. 4.07. Park Fees. Prior to the issuance of building permits for residential construction within the plat, Developer, it succesors or assigns, shall pay to the City the park fee then in force pursuant to Chanhassen Ordinance 14-A and relevant City Council Resolutions thereafter. 4.08. Undertaking 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. 4.09. Landscaping and Trees and Location of Structures a. Landscaping and location of structures shall take into consideration the preservation of trees, slope protec- tion, subsurface drainage, prevention of siltation and similar potential problems. 6-29-82 b. Trees to be provided. Developer shall provide each single family detached dwelling with one boulevard canopy tree with a diameter of not less than 11 inches. In the case of corner lots, one such tree shall be furnished for each street frontage. 4.10. 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 6. Carver County Soil Conservation Service 4.11. Public Improvement Special Assessments. Outstanding public improvements 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. 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. Non -qualifying easements shall be deeded to the City as outlots or by legal description. 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 per- formed 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 for each completed and accepted phase of the proposed development. s"r� ` • 1 6-29-82 10-12-82 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 property 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 other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, cer- tificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attn: City Manager To the Developer: Mr. Peter Pflaum Near Mountain Limited Partnership 935.East Wayzata Blvd. Wayzata, MN 55391 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. 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. -10- 6-29-82 5.10. 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 WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. NE UNTAIN LIMITED PARTNERSHIP I B -�-^- General artner CITY OF CHANHASSEN ZLBy ,aJ l ayor By_XC-- ? City Manager Attachments: Exhibit A: Preliminary Development Plan Exhibit B: Preliminary Plat Exhibit C: Construction Loan Agreement -11- STATE OF MINNESOTA ss COUNTY OF CARVER 6-29-82 On this �� day of SG.��i� , 19 before me, a notary publ' within:�4Lto 'for said County, per- sonally appeared t�,wl and 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. 71.0milro', ANNE C ERDMANN , l TAY9 LICIWINNESOTAENNEPtN COUNTYNotary Public omm�wwn Expires Oct 11 Ion01 STATE OF MINNESOTA ss COUNTY OF CARVER On this A14* day of , 19,93i, before me, a notary public within and for said County, personally appeared Thomas L. Hamilton and Donald W. Ashworth, to me per- sonally 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 munici- pal 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. 4'�-'� I �d 06tar<0 Public KAREN J. EN'.-=ELHARDT uot,a NOTARY PUE3LIC - MINNESOTA Lp r 0 00 P 0 P '+ .:.T,." My C0f111TII;:.. Al 1:A()IIC.Gi OCt. 11. 1985 -12 CITY OF /b -1 CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by CRy Administrator Endorsed MEMORANDUM EEndorndor Modified TO: Don Ashworth, City Manager Rejected Date Date Submitted to Commission FROM: Jo Ann Olsen, Asst. City Planner DATE: April 14, 1987 Date s,rhmitted to council 1//2 a SUBJ: Trappers Pass at Near Mountain 3rd Addition Attached is the final plat for Trappers Pass at Near Mountain 3rd Addition. The final plat is consistent with the preliminary plat approved by the City Council on February 4, 1985. RECOMMENDATION Staff recommends approval of the final plat stamped "Received April 1, 1987" subject to submission of financial securities. ATTACHMENTS 1. Final plat stamped "Received April 1, 1987". 2. City Council minutes dated February 4, 1985. BD:v a Council Meeting February 4, 1`-•5 -B- FINAL PLAN AMENDMENT OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD: Peter Pflaum - You may wonder why the specific number and the approach was, if you remember when we started the project, we started on 101 and these are some rather small lots up here, we went down to 7600 is the smallest. I think the average size in the first phase is 11,000. As we moved away from 101 towards the better land, the lots got bigger and bigger. One of the reasons in addressing the area in here, what we tried to do is figure what the natural transition would be from a medium size lot to the more expensive ones and we focused in on the tree line and we throught that would be an obvious transition. It's really important in our business that you have a logical transition from one type of housing to the next rather than jump from very small lots to more substantial ones. Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000 square feet. Peter Pflaum - Very few. I think there is only one or two. Councilwoman Swenson - I don't understand your requirement of the five and ten foot side yard. I just don't like this at all. Peter Pflaum - No matter how you do that you have 15 feet between houses. Councilwoman Swenson - I know but I don't like it. I think that ruins your develop- ment. I am opposed to anything less than the 10 foot side yard. Peter Pflaum - Five and ten gives us more flexibility. Councilwoman Watson - I agree. The lots are getting bigger and I don't see any reason why. Councilman Geving - There was some recommendations made on the width of the street. Bill Monk - There was a recommendation on the original plan that what was considered the major street was Near Mountain Blvd. as it came up through here and from there on over into the condominium area, those be 36 feet wide. After looking at the section that has been built already, how wide it is, I think a down sizing to a 32 foot street with a standard 50 foot right-of-way is more than adequate. The neighborhood as it goes towards the west is not going to go on and feed other large areas. Councilman Geving - The other major recommendation was the 2500 foot cul-de-sac which was to be created. Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing plans, he approaches them from a marketability standpoint which is smart for him to do and I look as more of just an access issue. I guess the one thing that we did agree on was that a phasing plan is nothing more than a best guess and what we have to do is review the phasing plan as it comes in. He did point out that under his phasing plan more Type A lots get developed early on which is good but it does give you the cul-de-sac arrangement so I think it is something we have to take a look at when phases come in. Councilman Gevin - I am not in favor of the five and ten foot setbacks for side yards. Councilman Horn - Unless I missed something it appeared to me that that was already approved as the condition for the Type A, B, and C styles. It appears to me that if Y Council Meeting Februar) , 1985 -9- we back up on that at this point we are renigging on a past commitment that we had made and really all we are doing in this case is we are not changing any of the guidelines of what Type A, B and C mean, all we are doing is changing the mix. Councilman Geving - Type C with the five and ten foot side yard setback was approved for Type C.only and we allowed that smaller lot size with the variation of the five and ten so that the builder could have that capability of adjusting his house on the lot. There was never any intention on my part of approving that for Type A and Type B and I think if you look at the minutes of those meetings you will find that we granted that for only Type C. Councilman Horn - I was asking a question. Bill Monk - I believe that Councilman Geving is correct. It is my understanding from the minutes that five and ten were definitely approved for Type C. That is how they are going in. Councilman Horn The way the report is written it would indicate that those setbacks are all indicated under the background information. Nothing is mentioned about those under the section marked proposed changes in the Staff report. Barbara Dacy - I would apologize for the confusing situation there but during our staff research on the background of it our records show that the five and ten foot alternating setbacks were approved for the Type C. I think what that paragraph was intending was to explain that the developer wanted to use the same setbacks. Mayor Hamilton - My memory seems to be the same as Clarks. Peter Pflaum - We had a copy just like this that had the setbacks on it that was approved. Mayor Hamilton - We were going to review each phase but the approval was for five and ten foot setbacks. Bill Monk - I think Peter is right. Some of the earlier plans did say Phase A and C and B would have the five and ten foot setbacks on either side but what we look at when we go back to the minutes was actually approved by the Council not necessarily what's on the plan. I know it's been discussed before. We could find no mention in the Council minutes where the Council actually approved five and ten foot side yard setbacks for anything but C. That maybe what people are remembering. Mayor Hamilton - I am afraid I did not understand that to be a issue this evening. We were talking about the swap of A's, B's, and CIS. Councilman Horn - Could I ask the developer, would this be a big issue for you in the proper platting of Type B housing? Peter Pflaum - The only reason we wanted it was for flexibility in locating the houses on some particular situation. What I would suggest as maybe a way of getting around this is that let us look, hopefully, you will approve the plat with the ten and ten, let us look at it and see if we can live with that then there is no issue at all. If we can't live with that then 1 guess we have to come back and talk to you. It is very critical in the Type C lots. Mayor Hamilton - Are the homes selling well now? Peter Pflaum - Yes. *•Council Meeting February 4, 19-5 -10- Mayor Hamilton - Are people complaining that they are too close to each other? Peter Pflaum - The first phase, the models opened in March so in 11 months we have sold 45. I think it has been fairly well received. Councilman Horn - I think they were a little close in that area but I don't know what other option we had. If I compared that to what the alternate was which was quads or something like that, I think this much more acceptable. Councilwoman Swenson - You are loosing six condominium units and you are loosing 13 of the Type A which is even better. Councilman Horn - I was comparing the Type C to what was proposed initially. Councilwoman Swenson moved to accept the final development plan amendment for the Near Mountain PRD, Planning Case 79-2, PUD, with the City Engineer's proposed amend- ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks, 25 foot front yard setback, and Planning Commission recommendations 1-3. Motion seconded by Mayor Hamilton. Councilman Horn - This does not cover the Type A, this is Type B at this time? Barbara Dacy - There may be a certain number of A units as the plans progress that are developed and on the plan the Type A lots are to be constructed at setbacks of 30 in the front and 10 on each side as it is now in the R-lA. The Type B units are 25 in the front and as your motion, ten and ten. Mayor Hamilton - They are asking for an amendment to final development approval which was given some time ago. This is just an amendment and really the amendment is for the swap of the A's and B's and condos. Councilman Horn - We are approving both the areas indicated in A and B? Bill Monk - Yes, you are. Mayor Hamilton - Is there more discussion on the motion? All those in favor of the motion say aye. Councilwoman Swenson _ Aye. Councilwoman Watson - Aye. Councilman Horn - Aye. Councilman Geving - Aye. Mayor Hamilton - Aye. Opposed? Motion carried. SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI: Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the City sign is blocking the applicant's sign which is the reason why he is applying for a variance. What he is requesting is two variances, one for an additional free standing sign and a free standing sign to be located off the premises. Each sign is proposed to measure 32 square feet. The additional free standing sign on the appli- cants property is proposed to be located near the existing City sign. The other sign is proposed to be located where the Chanhassen Center Building is on the north side of Highway 5. In my report I noted that usually there is one free standing sign per 0 e REGULAR C5ANHASSEN C? . COUNCIL MEETING September 9, 1985 Mayor Hamilton called the meeting to order. to the Flag. l Members Present Councilman Horn, Councilwoman Watson, Councilwoman Swenosn and Councilman Geving Members Absent Staff Present Don Ashworth, Barbara Dacy and Bill Monk The meeting was opened with the Pledge APPROVAL OF AGENDA: Councilwoman Swenson move.d_to approve the agenda as presented with the following additions: Discussion on the Highway 5 and Highway 212 meeting, update by the City Engineer on Bluff Creek Railroad Crossing, discussion on the video recorder and when the tapes will be shown on cable television, newsletter discussion and a request from Mr. Siebenaler for an extension of tearing down his building. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn: On item B.2., we said that the DNR also has to give approval on that, should that be a part of this contract or is that an implied requirement? Barb Dacy: The applicants have applied to the DNR for the 18 slips and only 12 of them were approved. I was waiting to tell you about that as soon as I got the formal paper work back from the DNR. Councilman Horn: So it is not necessary to be a part of this? Barb Dacy: No, it was made a condition on the conditional use permit also, which is incorporated for that part of the development. Councilman Gevino: On item e., I would like to know if we do go ahead with this tonight with the solicitation of bids, would the project be completed this fall? Bill Monk: Yes. The following item was removed from the consent agenda for further discussion: b.2) Approve Development Contract and Construction Plans and Specifications for Red Cedar Cove, Fred Plocher and Daryl Geske. Councilwoman Watson moved t:, approvo• the full(,wing consent agenda items pursuant to the City Manager's recommendations: l.a. RESOLTUION #85-49: Accept Utility Improvements in Chestnut Ridge at Near Mountain 2nd, 'rd and 4th Addition:. Council Meeting, Septem: 9, 1985 b. Red Cedar Cove: 1) Approval Final Plat. c. Approve Development Contract for Hidden Valley, United Mortgage Corporation. d. Zoning Ordinance Amendment to Allow Churches as a Conditional Use in the P-1, Planned Residential District, First and Second Reading, Judy Siegle, applicant. e. RESOLUTION #85-50: Approve Plans and Specifications for Creekwood Drive Street Improvements. f. Approve 1986 Police Contract. g. RESOLUTION #85-51: Approve Resolution Authorizing Submittal of Final LCMR Grant Application, Lake Ann Park Ballfield Lighting. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. RESOLUTION SUPPORTING THE UNITED WAY: Ann Bryant: I am here from the United Way and I am here to request your support for an event that we have going on next week, September 18th. It is a new event. It is an occasion where we are going out trying to solicite funds from new businesses in the community. One of the southerly suburbs which we have pinpointed is Chanhassen, so we are looking for your support. We have a goal of $150,000. We have pinpointed small businesses because they are where we have to go if we are going to grow increasingly in the future. New allocations have been recommended to Carver County and your area. They have allocated new funds last year and encouraged other agencies within your area to petition for funding. I believe the resolution is just requesting your support for the day. Councilman Geving: How are you going to come into our community and do that? What is the plan? Ann Bryant: We have pinpointed new growing agencies. In Chanhassen they have pin- pointed 50 new small businesses and we have recruited between 400 and 500 volunteers for that day and each one is assigned approximately 10 different companies to go out and meet with the CEO or the owner. So within Chanhassen there are approximately 50. This is a new thing. It has never been done any place in the United States by any United Way. So not only is the United Way of Minneapolis very exicited about it, but also Nation wide they are looking at it as a target that may be an example for all over. Councilman Horn: The only reservation I have is what does this mean if we endorse this to our local businesses. Does it mean that we are expecting them to participate? Ann Brant: I believe it just means that you are supportive of it and encouraging them to support the United Way and the whole cause. You are endorsing it thinking it is a worth while thing that they should consider supporting. We are not going to o out and tell the businesses that they have to support it because that is g impossible and we realize that. We are just encouraging them to support the United Way. f Nr ^ S�_(:& '"�• United States Soil 215 East Frontage Road Department of Conservation Agriculture Service Waconia, Minnesota 55387 Subject: Sketch Plan Review Near Mountain PUD Date: September �3, 1985 To: Jo Ann Olsen, Asst. City Planner File code: Community Development Department 690 Coulter Drive, P. 0. Box 147 Chanhassen, Minnesota 55317 Attached find a soils map, with.the approximate plat boundaries shown, and soil interpretation sheets describing the properties of the soil. The soils information given is general in nature. Soil related questions at specific locations should be addressed by a qualified soils engineer with an on site investigation. Please review the soils interpretation sheets; the more relevant soil properties are highlighted. The principle limitation to home site development is the steep slopes on the north and east side of the property. These slopes increase costs in all phases of construction. Erosion of slopes opened for construction is a serious potential hazard. If development is approved on these slopes, the following items should be addressed: (1) The grading plan should include an erosion control plan for during and after construction. (2) Final graded slopes should not exceed 2:1 (horizontal:vertical). Slopes steeper than this are difficult to vegetate. If side hill seepage is sus- pected or evident, as is possible in this type of landscape, the finished slopes may have to be flatter. The services of a qualified soils engineer are recommended. (3) You will note in the Hayden soil interpretation sheet that shrink swell and frost action are moderate potential hazards, along with slope steepness (which is severe over 15%) to successful development of roads and building foundations. In addition, side hill seeps (as noted in #2) may be encountered on these slopes. Special care in design of roadways and building f_ou-.Ldstions is needed in overcoming these potential hazards. Again, the services of a qualified soils engineer are recommended. (4) Homes adjacent to the wetland area should be placed at an elevation safe from flooding. You may wish to consult with Minnesota Department of Natural Resources, as I believe these areas are under their i1iriGr9;ni;nn as protected wetland. If u h e n .'uestions, tanl'e We Y ndland District Conservationist 0 The Soil Conservation Service is an agency of the vUnited States Department of Agriculture please give me a call at 442-5101. CITY OF CHANHASSEN C MUNITY DEVELOPMENT DEP ■'Aboll-!f1.1 r r .= FcGULAR CHANHASSEN CIT', uOUNCIL MEETING August 19, 1985 Mayor Hamilton called the meeting to order. to the Flag. Members Present Councilman Horn, Councilwoman Watson and Councilman Geving Members Absent Councilwoman Swenson and Councilwoman Watson arriving late Staff Present Barbara Dacy and Bill Monk The meeting was opened with the Pledge APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA• The following items were removed from the consent agenda for further discussion: I.e. Approval Conditional Use Permit for a Recreational Beachlot, Red Cedar Cove. f. Approval Conditional Use Permit for a Boathouse, Red Cedar Cove. The following consent agenda item was removed from the agenda and will be placed on a future agenda: l.g. Approve Amended Conditional Use Permit for Gardeneer, Inc. Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations: 1.a. Set Assessment Hearing Dates for 201 Program and Pheasant Hill Projects. b. Set Special Meeting Date for Budget Work Session (Sept. 30) c. RESOLTION #85-44: Approve Request to Connect to Shorewood Sewer Service, 3520 Highway 79 Shorewood Oaks Development Corporation. d. Approve Plans and Specifications for Maple Ridge Addition, Duane Barth. r,. Final Plat Approval, Trapper's Pass Second Addition. i. Grading Plan Approval, Trapper's P-,ss -econd Addition. j. RESOLUTION #85-45: Carver County Assessing Contract. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING: EASEMENT VACATION FOR LOT 8, BLOCK li SUNNY SLOPE ADDITION, ALLEN GRAY: Mayor Hamilton called the public hearing to order. 'A', CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 22, 1987 Mr. Peter Pflaum Lundgren Brothers Construction 935 E. Wayzata Boulevard Wayzata, MN 55391 Dear Mr. Pflaum: This is to confirm that the City Council at their April 20, 1987, meeting, approved the final plat for Trappers Pass Third Addition with the submittal of the required financial securities. You may now submit the two mylars and letter of credit. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Assistant City Planner JO:v SCANNED 11 PHASING PLAN FTI NEAR MOUNTAIN SATHRE-BERGOUl LUNDGREN BROS. CONST. WC. CITY OF !� CHANHASSEN Pu� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Barbara Dacy, City Planner DATE: August 16, 1985 �Y�NIi Y, ."y 11Y 11J'AmtrMo Endorsed V Modified Rejected Date pate Submitted to Commissior N/f3 Data Submitted I SUBJ: Final Plat Approval - Trappers Pass at Near Mountain Second Addition BACKGROUND On February 4, 1985, the City Council approved the final plan amendment request for 51 Type A lots, 46 Type B lots, and 97 Type C lots. The City Council approved Phase One of the amended plan on April 1, 1985, and Phase Two on June 3, 1985. The attached plat represents the platting of 16 additional Type A lots. All but 8 Type B lots are now platted. ANT AT.VQTC The submitted final plat is consistent with the previously approved amended preliminary plat. The wetland area indicated on the northside of the cul-de-sac should be indicated as a drainage easement. Plans and specifications plus the necessary financial securities must be submitted before the final plat is signed. RECOMMENDATION Staff recommends approval of Trappers Pass At Near Mountain Second Addition subject to the submission of financial securities and plans and specifications. The plat should also be changed to reflect a drainage easement in the wetland areas. ATTACHMENTS 1. City Council minutes dated April 1, 1985. 2. City Council minutes dated June 3, 1985. 3. Phasing plan. 4. Final Plats stamped "Received August 13, 1985". BD:v REGULAR CHANHASSEN Y COUNCIL MEETING April 1, 1985 Mayor Hamilton called the meeting to order. to the Flag. Members Present Councilman Horn, Councilwoman Watson Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, and Bill Monk The meeting was opened with the Pledge APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamiltoi Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda items pursuant to the City Manager's recommendation: a. Final Plat Approval, Piper Ridge Subdivision, Randy Herman. C. Final Plat Approval, Chestnut Ridge at Near Mountain 5th Addition. d. A Resolution Establis ing a ora orium on Gambling Activities. Final Reading. RESOLUTION #85-11 e. A Resolution Approving the Railroad Agreement for TH 101 Drainage Improvement. RESOLUTION #85-11A Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE, BRUCE KOEHNEN Mayor Hamilton called the hearing to order with the following interested persons present: Bruce Koehnen, 1779 Koehnen Circle Sue Koehnen, 1779 Koehnen Circle There being no public comments, Councilman Geving moved to close the public hearing. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE. BRUCE KOEHNEN: Barb Dacy, City Planner, presented the metes and bounds subdivision of Lot 8, Harvir Hill, as proposed by Bruce Koehnen. The lot is being split in two by extension of a parallel line and both newly created lots meet all minimum lot ordinence require- ments. REGULAR CHANHASSEN CIT OUNCIL MEETING July 15, 1985 Mayor Hamilton called the meeting to order. to the Flag. Members Present Councilman Horn, Councilwoman Watson Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, and Bill Monk The meeting was opened with the IPledge APPROVAL OF AGENDA: Councilwoman Watson moved to approve the Agenda as presented with the following additions: Discussion on bowling center, discussion of Lake Susan Park Shelter, Sue Albee Resignation, and an update report on Lake Virginia/Lake Ann Interceptor. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilwoman Swenson moved to approve the following consent agenda items pursuant to the City Manager's recommendations: l.a. Approve Plans and Specifications for Chestnut Rid„p 6th Addition and Trapper's Pass, Lundgren Brothers. b. RESOLUTION #85-37: Resolution Regarding Hazardous Conditions, 7600 Erie Avenue. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. VISITORS PRESENTATION: Jack Melby: I am from the Lotus Lake Homeowners Association and we would like the City to consider changing the water surface useage ordinance. We would like it to be changed from five boats to three boats per dock on the lake. The reason for our request of this change is to protect the lake from over surface utilization. Steve Ray: I live on 920 Western Drive up in the Carver Beach area. I had a letter delivered today addressed to the City Manager and all the City Council members regarding the mishap we had last week with the broken water main. I suffered some damage as a result of that and I have itemized those costs in the letter. It damaged my water softener and plugged up my plumbing system. Mayor Hamilton: This will be discussed at the end our agenda this evening. Presentation of Alternative Transit Concept (MTC 2t-Out): Richard Wolsfeld: In terms of the process we are going through, our objective is to develop a transit implementation plan for the area including Chanhassen, Chaska, Eden Prairie, and Shakopee. We have looked at the existing service, we have looked some CITY JF" CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by City Administrator Endorsed `� Modified MEMORANDUM Rejected Date TO: Mayor and City Council Date Submitted to Commission FROM: Barbara Dacy, City Planner Date EabTrtted to Council DATE: May 30, 1985 6 /� ZLs' SUBJ: Final Plat Review - Chestnut Ridge 6th Addition and Trappers Pass BACKGROUND On February 4, 1985, the City Council approved the final plan amendment request for 51 Type A lots, 46 Type B lots, and 97 Type C lots. On April 1, 1985, the City Council approved the first phase of the amended plan (Chestnut Ridge 5th Addition). The attached plats represent Phase 2 of the approved amended plan. ANALYSIS The final plats are consistent with the recently amended plan. Plans and specifications plus the necessary financial securities must be submitted before the final plat is signed. It is staff's understanding that the final plats for the additional phases will be submitted within the year pending market conditions. RECOMMENDATION Staff recommends approval of Chestnut Ridge 6th Addition and Trappers Pass final plats subject to the submission of the finan- cial security and plans and specifications. ATTACHMENTS 1. City Council minutes dated February 4, 1985. 2. City Council minutes dated April 1, 1985. 3. Proposed phasing plan. 4. Final plats stamped "Received May 10, 1985". Council Meeting February 4. -95 -B- FINAL PLAN AMEN!,!,F',T OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD: fr'NPeter Pflaum - You may wonder why the specific number and theapproach was, if you remember when we started the project, we started on 101 and.:these are some rather small lots up here, we went down to 7600 is the smallest. I think the average size in the first phase is 11,000. As we moved away from 101 towards the better land, the lots got bigger and bigger. One of the reasons in addressing the area in here, what we tried to do is figure what the natural transition would be from a medium size lot to the more expensive ones and we focused in on the tree line and we throught that would be an obvious transition. It's really important in our business that you have a logical transition from one type of housing to the next rather than jump from very small lots to more substantial ones. Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000 square feet. Peter Pflaum - Very few. I think there is only one or two. Councilwoman Swenson - I don't understand your requirement of the five and ten foot side yard. I just don't like this at all. Peter Pflaum - No matter how you do that you have 15 feet between houses. Councilwoman Swenson - I know but I don't like it. I think that ruins your develop- ment. I am opposed to anything less than the 10 foot side yard. Peter Pflaum - Five and ten gives us more flexibility. Councilwoman Watson - I agree. The lots are getting bigger and I don't see any reason why. Councilman Gevinq - There was some recommendations made on the width of the street. Bill Monk - There was a recommendation on the. original plan that what was considered the major street was Near Mountain Blvd. as it came up through here and from there on over into the condominium area, those be 36 feet wide. After looking at the section that has been built already, how wide it is, I think a down sizing to a 32 foot street with a standard 50 foot right-of-way is more than adequate. The neighborhood as it goes towards the west is not going to go on and feed other large areas. Councilman Geving - The other major recommendation was the 2500 foot cul-de-sac which was to be created. Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing plans, he approaches them from a marketability standpoint which is smart for him to do and I look as more of just an access issue. I guess the one thing that we did agree on was that a phasing plan is nothing more than a best guess and what we have to do is review the phasing plan as it comes in. He did point out that under his phasing plan more Type A lots get developed early on which is good but it does give you the cul-de-sac arrangement so I think it is something we have to take a look at when phases come in. Councilman Gevinq - I am not in favor of the five and ten foot setbacks for side yards. Councilman Horn - Unless I missed something it appeared to me that that was already approved as the condition for the Type A, B, and C styles. It appears to me that if Council Meeting February 4, -10- r Mayor Hamilton - Are people complaining that they are too close to each other? Peter Pflaum - The first phase, the models opened in March so in 11 months we have sold 45. I think it has been fairly well received. Councilman Horn - I think they were a little close in that area but I don't know what other option we had. If I compared that to what the alternate was which was quads or something like that, I think this much more acceptable. Councilwoman Swenson - You are loosing six condominium units and you are loosing 13 of the Type A which is even better. Councilman Horn - I was comparing the Type C to what was proposed initially. Councilwoman Swenson moved to accept the final development plan amendment for the Near Mountain PRD, Planning Case 79-2, PUD, with the City Engineer's proposed amend- ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks, 25 foot front yard setback, and Planning Commission recommendations 1-3. Motion seconded by Mayor Hamilton. Councilman Horn - This does not cover the Type A, this is Type 8 at this time? Barbara Dacy - There may be a certain number of A units as the plans progress that are developed and an the plan the Type A lots are to be constructed at setbacks of 30 in the front and 10 on each side as it is now in the R-IA. The Type B units are 25 in the front and as your motion, ten and ten. Mayor Hamilton - They are asking for an amendment to final development approval which was given some time ago. This is just an amendment and really the amendment is for the swap of the A's and B's and condos. Councilman Horn - We are approving both the areas indicated in A and B? —r— Bill Monk - Yes, you are. Mayor Hamilton - Is there more discussion on the motion? All those in favor of the motion say aye. Councilwoman Swenson - Aye. Councilwoman Watson - Aye. Councilman Horn - Aye. Councilman Geving - Aye. Mayor Hamilton - Aye. Opposed? Motion carried. SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI: Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the City sign is blocking the applicant's sign which is the reason why he is applying for a variance. What he is requesting is two variances, one for an additional free standing sign and a free standing sign to be located off the premises. Each sign is proposed to measure 32 square feet. The additional free standing sign on the appli- cants property is proposed to be located near the existing City sign. The other sign is proposed to be located where the Chanhassen Center Building is on the north side Of Highway 5. In my report I noted that usually there is one free standing sign per REGULAR CHANHASSEN CI COUNCIL MEETING April 1, 1985 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, and Bill Monk APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda items pursuant to the City Manager's recommendation: a. Final Plat Approval, Piper Ridge Subdivision, Randy Herman. C. Final Plat Approval, Chestnut Ridge at Near Mountain 5th Addition. d. A Resolution Establishing a Moratorium on Gambling Activities. Final Reading. RESOLUTION #85-11 e. A Resolution Approving the Railroad Agreement for TH 101 Drainage Improvement. RESOLUTION #85-11A Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE, BRUCE KOEHNEN Mayor Hamilton called the hearing to order with the following interested persons present: Bruce Koehnen, 1779 Koehnen Circle Sue Koehnen, 1779 Koehnen Circle There being no public comments, Councilman Geving moved to close the public hearing. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS. 1779 KOEHNEN CIRCLE; BRUCE KOEHNEN: Barb Dacy, City Planner, presented the metes and bounds subdivision of Lot 8, Harvir Hill, as proposed by Bruce Koehnen. The lot is being split in two by extension of a parallel line and both newly created lots meet all minimum lot ordinence require- ments. L i P 'ONI'ISNOD'SOUG N NIVINnow L N-1 --- - EE CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 16, 1985 Mr. Robert Payette Sathre-Bergquist, Inc. 106 South Broadway Wayzata, MN 55391 Dear Mr. Payette: At their meeting of April 15, the City Council approved the construction plans and specifications for Chestnut Ridge at Near Mountain 5th Addition including Addendum No. 1 dated March 25 and the Watershed District conditions dated April 3. The filings of the financial guarantee along with the final plat remain the only items to be completed prior to commencement of construction. Should you have any questions concerning the above mentioned items, please let me know. Sincerely, William Monk City Engineer WM:k REGULAR CHANHASSEN CITY COUNCIL MEETING April 15, 1985 Mayor Hamilton called the meeting to order. to the Flag. Members Present Councilman Horn, Councilwoman Watson Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, Bill Monk, and Roger Knutson APPROVAL OF AGENDA: The meeting was opened with the Pledge Councilwoman Swenson moved to approve the Agenda as presented with the following additions: discussion of tenant in the Old Instant Web Building, the extension of item #11 , Set Meeting Date for Field Review of TRI Properties Conditional Use Permit, for a trip also to Lake Lucy Road and Bluff Creek Drive, and discussion on The Board of Equalization Meeting, May 13, 1985. Motion was seconded by Councilwoman Watson. The fol-lowing voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: The following i-tem was removed from the consent agenda for further discussion: I.C. Ordinance No. 22-B, Amendment to Nuisance Ordinance Regarding Tree Hole Mosquito, Final Reading. Councilman Geving moved to approve the following consent agenda items pursuant to the City Manager's recommendations: l.a. Final Plat Approval, Stoddart Addition, Russell Stoddart. l.b. Approve Construction Plans and Specification for Chestnut Ridge at Near Mountain 5th Addition. l.d. Amend Conditional Use Permit for Contractor's Yard, 6420 Powers Boulevard, Larry Kerber Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. APPROVAL OF MINUTES: Councilwoman Watson moved to approve the March 11, 1985 City Council minutes. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson, Councilmen Horn and Geving. Councilwoman Swenson abstained. Motion carried. Councilwoman Watson moved to approve the March 18, 1985 City Council minutes with the following noted change: The City Engineer's recommendation #6 for the conditional use permit for landscaping contractor's yard activities, David Stockdale, one-half mile north of HWY 5 on Galpin Boulevard be changed to read as follows: Based on the revised plan presented at the Council meeting showing the reduction of the parking area by approximately 30 feet along Galpin Boulevard which dictates an 80 foot front CITY bF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 20, 1985 Mr. Peter Pflaum Lundgren Brothers Construction 935 East Wayzata Wayzata, MN 55391 Dear Mr. Pflaum: This is to confirm that on August 19, 1985, the City Council approved the Final Plat for Trappers Pass at Near Mountain 2nd Addition. This approval was conditioned on the wetland area, north of the survey line, being designated as a drainage easement (Attachment #1). Please make note of this and reflect the change on your mylar and hardshell copies. Should you have any questions, please call me. Sincerely, Jo Ann Olsen Assistant City Planner JO:v Enclosure SCANNED TRAPPERS PASS AT NEAR IV 170.53 69. 04 /Zo. S2. All. orb suvey�LiOe oh 1 i \:v1445 i I,��2 /01.98 J o'Ib56 ��a f ff .YBS•DO DO'ER.138.07 roil/ e 1 , 1 !?9 4B 00 d � e2°ao'oa a sr o l h ` �ii6' �' � ' /? ��E�-��3 °pro 45'e�'' `/ V) I ►•�•�°l/ r �/` ��'\ ao757 Al a 4 5 e,4 At 78. 5512176 /t'a AB of 4 i ) � .0 i Y a h Ll f CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55317 (612) 937-1900 ion by any Aammistratot \ Endorsed Modified MEMORANDUM TO: Mayor and City Council FROM: Barbara Dacy, City Planner DATE: March 27, 1985 Reiected Date Date Submitted to Commissioa Date Submitted to Council yl// PSr SUBJ: Final Plat Review Chestnut Ridge at Near Mountain 5th Addition BACKGROUND On February 4, 1985 the City Council approved the final plan amendment request for 51 Type A lots, 46 Type B lots, and 97 Type C lots. This plat represents Phase I of the approved amended plan. ANALYSIS The final plat is consistent with the recently amended plan. The plans and specifications for the improvements have been submitted and are now being reviewed by the City Engineer. The development contract that was approved for the earlier additions of Near Mountain apply to this plat as well. RECOMMENDATION Staff recommends approval of Chestnut Ridge at Near Mountain 5 th Addition Final Plat subject to the following conditions: 1. Continuation of the berm along the south boundary of Lots 1-5, Block 1 and Lot 1, Block 2. 2. A twenty-five foot front setback and a ten foot side setback. 3. Approval of improvement plans and specifications. ATTACHMENTS 1. City Council minutes dated February 4, 1985. 2. Copy of the approved amended preliminary plan. 3. Proposed phasing plan. 4. Final plat stamped "Received March 21, 1985". rCouncil Meeting February 4, -0.5 (`\ -10- Mayor Hamilton - Are people complaining that they are too close to each other? Peter Pflaum - The first phase, the models opened in March so in 11 months we have sold 45. I think it has been fairly well received. Councilman Horn - I think they were a little close in that area but I don't know what other option we had. If I compared that to what the alternate was which was quads or something like that, I think this much more acceptable. Councilwoman Swenson - You are loosing six condominium units and you are loosing 13 of the Type A which is even better. Councilman Horn - I was comparing the Type C to what was proposed initially. Councilwoman Swenson moved to accept the final development plan amendment for the Near Mountain PRO, Planning Case 79-2, PUD, with the City Engineer's proposed amend- ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks, 25 foot front yard setback, and Planning Commission recommendations 1-3. Motion seconded by Mayor Hamilton. Councilman Horn - This does not cover the Type A, this is Type B at this time? Barbara Dacy - There may be a certain number of A units as the plans progress that are developed and on the plan the Type A lots are to be constructed at setbacks of 30 in the front and 10 on each side as it is now in the R-IA. The Type B units are 25 in the front and as your motion, ten and ten. Mayor Hamilton - They are asking for an amendment to final development approval which was given some time ago. This is just an amendment and really the amendment is for the swap of the A's and B's and condos. Councilman Horn - We are approving both the areas indicated in A and B? Bill Monk - Yes, you are. Mayor Hamilton - Is there more discussion on the motion? All those in favor of the motion say aye. Councilwoman Swenson - Aye. Councilwoman Watson - Aye. Councilman Horn - Aye. Councilman Gevin,: - Aye. Mayor Hamilton - Aye. Opposed? Motion carried. SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI: Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the City sign is blocking the applicant's sign which is the reason why he is applying for a variance. What he is requesting is two variances, one for an additional free standing sign and a free standing sign to be located off the premises. Each sign is proposed to measure 32 square feet. The additional free standing sign on the appli- cants property is proposed to be located near the existing City sign. The other sign is proposed to be located where the Chanhassen Center Building is on the north side Of Highway 5. In my report I noted that usually there is one free standing sign per Council Meeting Februa: , 1985 we back up on that at this point we are renigging on a past commitment that we had made and really all we are doing in this case is we are not changing any of the guidelines of what Type A, B and C mean, all we are doing is changing the mix. Councilman Gevin - Type C with the five and ten foot side yard setback was approved for Type C only and we allowed that smaller lot size with the variation of the five and ten so that the builder could have that capability of adjusting his house on the lot. There was never any intention on my part of approving that for Type A and Type B and I think if you look at the minutes of those meetings you will find that we granted that for only Type C. Councilman Horn - I was asking a question. Bill Monk I believe that Councilman Geving is correct. It is my understanding from the minutes that five and ten were definitely approved for Type C. That is how they are going in. Councilman Horn = The way the report is written it would indicate that those setbacks are all indicated under the background information. Nothing is mentioned about those under the section marked proposed changes in the Staff report. Barbara Dacy - I would apologize for the confusing situation there but during our staff research on the background of it our records show that the five and ten foot alternating setbacks were approved for the Type C. I think what that paragraph was intending was to explain that the developer wanted to use the same setbacks. Mayor Hamilton - My memory seems to be the same as Clarks. Peter. Pflaum - We had a copy just like this that had the setbacks on it that was approved. Mayor Hamilton - We were going to review each phase but the approval was for five and ten foot setbacks. Bill Monk - I think Peter is right. Some of the earlier plans did say Phase A and C and B would have the five and ten foot setbacks on either side but what we look at when we go back to the minutes was actually approved by the Council not necessarily what's on the plan. I know it's been discussed before. We could find no mention in the Council minutes where the Council actually approved five and ten foot side yard setbacks for anything but C. That maybe what people are remembering. Mayor Hamilton - I am afraid I did not understand that to be a issue this evening. We were talking about the swap of A's, B's, and C's. Councilman Horn - Could I ask the developer, would this be a big issue for you in the proper platting of Type B housing? Peter Pflaum - The only reason we wanted it was for flexibility in locating the houses on some particular situation. What I would suggest as maybe a way of getting around this is that let us look, hopefully, you will approve the plat with the ten and ten, let us look at it and see if we can live with that then there is no issue at 1 all. If we can't live with that then I guess we have to come back and talk to you. It is very critical in the Type C lots. Mayor Hamilton - Are the homes selling well now? Peter Pflaum - Yes. Coun"c}l Meeting February FINAL PLAN AMENDMENT OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD Peter Pflaum - You may wonder why the specific number and the. approach was, if" you remember when we started the project, we started on 101 and .these are some rather small lots up here, we went down to 7600 is the smallest. I think the average size in the first phase is 11,000. As we moved away from 101 towards the better land, the lots got bigger and bigger. One of the reasons in addressing the area in here, what we tried to do is figure what the natural transition would be from a medium size lot to the more expensive ones and we focused in on the tree line and we throught that would be an obvious transition. It's really important in our business that you have a logical transition from one type of housing to the next rather than jump from very small lots to more substantial ones. Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000 square feet. Peter Pflaum - Very few. I think there is only one or two. Councilwoman Swenson - I don't understand your requirement of the five and ten foot side yard. I just don't like this at all. Peter Pflaum - No matter how you do that you have 15 feet between houses. Councilwoman Swenson - I know but I don't like it. I think that ruins your develop- ment. I am opposed to anything less than the 10 foot side yard. Peter Pflaum - Five and ten gives us more flexibility. Councilwoman Watson - I agree. The lots are getting bigger and I don't see any reason why. Councilman Geving - There was some recommendations made on the width of the street. Bill Monk - There was a recommendation on the. original plan that what was considered the major street was Near Mountain Blvd. as it came up through here and from there on over into the condominium area, those be 36 feet wide. After looking at the section that has been built already, how wide it is, I think a down sizing to a 32 foot street with a standard 50 foot right-of-way is more than adequate. The neighborhood as it goes towards the west is not going to go on and feed other large areas. Councilman Gevinq - The other major recommendation was the 2500 foot cul-de-sac which was to be created. Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing plans, he approaches them from a marketability standpoint which is smart for him to do and I look as more of just an access issue. I guess the one thing that we did agree on was that a phasing plan is nothing more than a best guess and what we have to do is review the phasing plan as it comes in. He did point out that under his phasing plan more Type A lots get developed early on which is good but it does give you the cul-de-sac arrangement so I think it is something we have to take a look at when phases come in. Councilman Gevinq - I am not in favor of the five and ten foot setbacks for side yards. Councilman Horn - Unless I missed something it appeared to me that that was already approved as the condition for the Type A, 8, and C styles. It appears to me that if 1011 1 =1101� $I c z J W .............. 'ONI 'ISf '088 NMIDONni ri ISInoC, NIV. OW HVBN 'ONI 'ISN. 3HOONni I I 3 1 NIVIN- A V3N I [HE] P, A cl � (7) Riley- Purgatory Creek Watershed Distric 8950 EDEN PRAIRIE RE EDEN PRAIRIE, MINNESOTA 5534 April 3, 1985 Mr. Robert E. Payette Sathre-Bergquist, Inc. 106 South Broadway Wayzata, Minnesota 55391 Re: Chestnut Ridge at Near Mountain 5th Addition: Chanhassen Dear Mr. Payette: The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed Dis- trict has reviewed the plans and grading and land alteration permit applica- tion as submitted to the District for site grading and utility installation on the Chestnut Ridge at Near Mountain 5th Addition in Chanhassen. The Managers approve the grading and land alteration permit subject to the following conditions: 1. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. If silt is used, the maximum spacing between posts is 4 foot on center and all posts must be either 2" x 2" oak, pine or steel fence posts. 2. All 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 construction or no later than September 15, 1985. Areas altered with a slope of 3:1 or greater must be restored with sod or wood fiber blanket. 3. The plans indicate that homes are to be constructed adjacent to an existing pond on the east side of the site, Lots 1-7, Block 4 and also adjacent to a detention basin to be located on the west side of the site, Lots 2-4, Block 3 of this development. The District understands that the outlets for both of these basins are surface overflows with permanent storm sewer outlets, being installed as part of future additions to this development. The construction plans submitted indicate that the surface overflow from the exist- ing ponding basin is 923.6, and for the proposed ponding basin is 912.0. The calculated 100-year flood elevations of the existing and proposed ponding basin are 925 and 913, respectively. Because the RECET, F.n APR 151985 CITY nF r.NANHASSEN Mr. Robert E. Payet Page 2 April 3, 1985 100-year frequency flood elevations for both basins are higher than the surface overflow, the District will require that homes to be constructed adjacent to these ponding basins be set at a minimum of 2 feet above the calculated 100-year frequency flood elevation. 4. The District must be notified a minimum of 48 hours prior to com- mencement of construction. If you have any questions regarding the conditions of the District's permit, please call us at 920-0655. RCO/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Bill Monk Sincerely, i Robert' C. Obermeyer BARR ENGINEERING CO! Engineers for the District Approved by the Board of Managers RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT L r Date: President CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 5, 1985 Mr. Peter Pflaum Near Mountain Partnership I 935 E. Wayzata Boulevard Wayzata, MN 55391 Dear Mr. Pflaum: This is to formally notify you that the City Council at the April 1, 1985 meeting approved your final plat request for Chestnut Ridge at Near Mountain 5th Addition subject to the following con- ditions: 1. Continuation of the berm along the south boundary of Lots 1-5, Block 1 and Lot 1, Block 2. 2. A 25 foot front setback and a 10 foot side setback. 3. Approval of improvement plans and specifications. Please submit two hardshells and two mylars of the final plat for city review and signatures. Please feel free to contact me if you have any questions. Serely Barbara Dacy City Planner BD:v STAFF REPORT CITY OF 6 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 r MOn by M Administrator. Endorsed Modified Rejected TO: Chanhassen Planning Commission mot' Date Submitted to CommissioA FROM: Jo Ann Olsen, Asst. City Planner Date Submitted to Counc# DATE: January 17, 1985 2-r5yfs'** SUBJ: Final Development Plan Amendment for the Near Mountain Planned Residential Development, Near Mountain Partnership I PLANNING CASE: 79-2 PUD GENERAL INFORMATION Applicant Status of Applicant Requested Action Purpose Existing Zoning Location Size Existing Land Use Adjacent Land Use and Zoning Near Mountain Partnership I 935 E. Wayzata Blvd. Wayzata, MN 55391 Owner/developer To amend the final development plan. To increase the number of Type B units and decrease the number of Type A and condominiums. P-1, Planned Residential Development District The southwest corner of the inter- section of Townline Road and T.H. 101. Approximately 153 acres Single family housing/vacant North: Shorewood, future single family development South: Agricultural; R-la East: Eden Prairie, agricultural West: Agricultural; P-1 Near Mountain Final Plan Amendment January 17, 1985 Page 2 Adopted Comprehensive Plan a. Land Use Plan: The Near Mountain P.R.D. is designated as Medium Density Residential (Type C area) with the remaining property being designated as Residential -Low Density. b. Transportation: Near Mountain is accessed by Pleasant View and Townline Road which are designated as local streets. Zoning History On May 11, 1981, the City Council approved the Near Mountain Final Development Plan and rezoned the property to P-1, Planned Residential Development District. On February 27, 1984, the City Council approved the Near Mountain Final Development Plan Amendment, allowing 31 single family detached dwelling units instead of 36 quad home units (see Attachments #2 & #3). SPECIAL INFORMATION Public Utilities Lateral extensions from sanitary sewer and water lines are already in place in Pleasant View Road and those previously installed in earlier phases of Near Mountain will provide utility service to the balance of the proposed plat. REFERRAL AGENCY REVIEW City Engineer See attached. Minnesota DNR See attached. Minnegasco Natural gas is available. Minnesota Dept. of Transporation No comment. BACKGROUND The Near Mountain Planned Residential Development has a total of 153 acres of hilly and wooded property. Both the approved (2-27-84) and proposed (1-14-85) Final Development Plan breaks the 153 acres into Near Mountain Final Plan Amendment January 17, 1985 Page 3 four types of housing development, Type C, Type B, Type A and con- dominiums (see Attachments #6 & #7). Type C is designed for single family detached dwellings averaging from 900 square feet to 2,000 square feet with an average lot size of 13,709 square feet. Type B is designed for approximately the same size housing unit as Type C but with an average lot size of 19,263 square feet. Type A proposes larger custom built homes and larger lot sizes averaging 33,263 square feet. The condominium area has not yet been planned. The intent behind these different areas of development was to have the quality of lots and housing increase with the quality of land. To this date, only the Type C area has been formally platted with lots now being developed. Reduced setbacks have been utilized in the Type C area with a front yard setback of 25 feet and alternating side yards of 5'-101. The reduced setbacks will be continued into the Type B area. The Type A area will return to the standard front and side yard setbacks of 30'-10'. These reduced setbacks allow site design flexibility so that the existing natural features can be used to their fullest potential. Proposed _Chanjs The approved Final Development Plan proposed a total of 308 dwelling units. The applicant now intends to amend the plan by proposing the same number of dwelling units, but with more Type B units and less Type A and condominiums. The following table illustrates the proposed changes in housing types. Housing Type Approved _Plan Proposed Plan Difference Type A 64 51 -13 Type B 27 46 +19 Type C 97 97 Same Condominiums 120 114 _ -6 Total 308 308 The amended plan is proposing to exchange 13. Type A developments and 6 condominiums for an additional 19 Type B units. The street alignment has changed slightly; however, the overall effect is minor and allows for a better lot layout. Staff is recommending that the major east -west and north -south roadways be platted to a 50 foot wide right-of-way and a 32 foot wide street section (see City Engineer's memo, Attachment #4). The shape of the intermediate ponding areas have been changed slightly but this will not impact their effectiveness at maintaining water quality. Near Mountain Final Plan Amendment January 17, 1985 Page 4 AMAT.VSTG The proposed development plan amendment is increasing the Type B area by 19 lots. These 19 Type B lots are being proposed in exchange for 13 Type A lots and 6 condominium units. In addition, the street alignment and shape of the ponding areas have been changed slightly, but these proposed variations will not impact the design, and in fact, allows for a better lot layout. Staff is recommending that the major north -south and east -west roadways be reduced from a 60 foot wide right-of-way to a 50 foot width right-of-way and a 32 foot wide street section. Currently, development is taking place in the Type C area. Reduced front and side yard setbacks of 25' and 5'/10' are being utilized in this area and it is the intention of the developers to continue these reduced setbacks in the Type B area. Staff believes these reduced setbacks can be continued into the Type B area without adversely impacting surrounding property and will allow the developer flexibi- lity in site design. A berm has been placed between Pleasant View Road and the southern properties in the Type C area. Staff is recom- mending that this berm be continued along the Type B and A areas. Since the approval of this development plan in 1984, the city's Wetland Ordinance has been passed. On the northern part of the property, above the Type A and Type B areas, there is a Class A wetland. The lots abutting this wetland meet the requirements of the Wetland Ordinance and allow enough area for a structure to meet the 75 foot setback. Staff would like to further discuss the phasing plan for Near Mountain Development (Attachment #8) with the Planning Commission and developers. Phase I is suitable to staff, but Phase II results in a 2500 foot cul- de-sac. One option for discussion, is to include Phase IV as part of Phase I in exchange for the western portion of Phase II. This will allow the street to loop around and will increase access to the area. RECOMMENDATION The Planning staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the Final Development Plan Amendment as depicted on the Sathre-Bergquist, Inc. proposed Amended Plan dated January 14, 1985 with the following conditions: 1. That the major north -south and east -west roadways have a 50 foot wide right-of-way and a 32 foot wide street section. 2. That the existing berm located on the property south of the Type C area be continued along the south boundary of the Type B area. Near Mountain Final Plan Amendment January 17, 1985 Page 5 PLANNING COMMISSION ACTION The Commissioners unanimously recommended the City Council approve the Final Development Plan Amendment #79-2 with the following conditions: 1. That the major north -south and east -west roadways have a 50 foot wide right-of-way and a 32 foot wide street section. 2. That the existing berm located on the property south of the Type C area be continued along the south boundary of the Type B area. 3. The applicant work with staff on the phasing plan as the final plats are processed. The motion was made by Merz and seconded by J. Thompson. STAFF UPDATE At the Planning Commission meeting, the developer, the Commission and staff discussed the proposed phasing plan. The developer indicated that the proposed phasing plan was based on a market analysis to allow the availability of a mixture of Type B and Type A units; however, the applicant indicated that market trends may change. As the development progresses over time, and as the developer files the final plats, the city would have the ability to review the proposed phasing. REPORT ATTACHMENTS 1. Location map. 2. City Council minutes dated February 27, 1984. 3. Planning Commission minutes dated February 8, 1984. 4. City Engineer memo dated January 15, 1985. 5. DNR memo dated January 15, 1985. 6. Approved Amended Plan, Near Mountain dated January, 1984. 7. Proposed Amended Plan, Near Mountain dated January, 1985. 8. Phasing Plan, Near Mountain dated January, 1985. 9. Illustrations of Type B and C Housing. 10. Application. 11. Planning Commission minutes dated January 23, 1985. Council Meeting Februar%- 7, 1984 -2- •REZONING, SUBDIVISION -AND SITE PLAN, SUNNYBROOK DEVELOPMENT GROUP: 'The City Attorney rezoning. Action presented. recommended that the Council action not include the on the rezoning should occur at the time that the plat Councilwoman Watson moved to approve for the Sunnybrook Development Group. The following voted in favor: Mayor Watson, Councilmen Horn. No negative is the site plan and preliminary plat Motion seconded by Councilman Horn. Hamilton, Councilwomen Swenson and votes. Motion carried. APPLICATION FOR INDUSTRIAL REVENUE BONDS, SUNNYBROOK DEVELOPMENT GROUP: RESOLUTION #84-08: Councilman Horn moved the adoption of a preliminary resolution subject to the condition that the bonds be privately placed and that all requirements of City Resolution #81-07 be met prior to approval of a final resolution authorizing the issuance of the bonds. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. PUBLIC HEARING NEAR MOUNTAIN FINAL DEVELOPMENT PLAN AMENDMENT STREET AND EASEMENT VACATION REQUESTS Mayor Hamilton called the hearing to order with the following interested persons present: Peter Pflaum, 18070 Breezy Point Road, Wayzata Rick Denman, Lundgren Bros. Const. Dennis Mulvey, 935 E. Wayzata Blvd. Rick Sathre, Sathre-Bergquist, Inc. There being no further comment from the public, Councilwoman Swenson moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN AMENDMENT, STREET AND EASEMENT VACATION, NEAR MOUNTAIN: RESOLUTION #84-09: Councilwoman Swenson moved the adoption of a resolution to accept the final development plan amendment, street and easement vaca- tion for Near Mountain PRD, Lundgren Bros. as depicted on the Sathre-Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre-Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. MINUTES: Councilwoman Swenson moved to note the February 8, 1984, Planning Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. SUBDIVISION AND VARIANCE REQUEST, 1381 LAKE LUCY ROAD, TED COEY: Al Klingelhutz and Ted Coey were present. Mayor Hamilton - I wanted clarification from the staff on two items. The applicant record the proposed subdivision in the form of a plat. If I can have some clarification on that, and the building plans for the proposed homes on Parcels A and B be certified by a registered architect or engineer. # Planning Commission Minutes February 8, 1984 Page 2 surveyor felt that it was the best layout for the property and also that a metes and bounds description was just as good as RLS or lots and blocks. Mr. Happe also stated that he will get percolation tests done when the snow melts. Waibel stated that Mr. Happe would have to submit the request to build the home in the middle of parcel 2 to the Board of Adjustments and Appeals for a variance at the time a building permit is taken out. S. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. The Commissioners wanted to know how if the City would be liable for failing septic systems. They felt they could not make a recommendation because there were no percolation tests done. They noted that there were 5 variances to be dealt with on the sub- division. M. Thompson moved, seconded by J. Thompson that the Planning Commission deny the request based on there being 5 variances requested, 201 study results were "marginal to failing" on the existing septic system and that the applicant wants to record the C property in metes and bounds. J. Thompson, S. Albee, B. Ryan and M. Thompson voted in favor. L. Conrad voted nay. Motion carried. *On February 22, 1984 the Planning Commission added the following statement to the above recommendation, "Commissioners J. Thompson and Albee stated that they are still unhappy about the allowing of 21 acre subdivisions in the unsewered areas." Final Development Plan Amendment, Street and Easement Vacation Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing. Public Present Rick Denman Lundgren Brothers Sherman Goldberg Lundgren Brothers Dennis Mulvey Lundgren Brothers Peter Pflaum Lundgren Brothers Nancy Osgood 745 Pleasant View Road Alan Kramer 531 Indian Hill Road Waibel stated that the request is for final plan amendment and street and utility easement vacation approval for the Near,Mountain P.R.D. He noted that in review of this request a discrepancy in the number of units was discovered. Apparently the preliminary plat showed only 134 family units as opposed to the previously approved 144 units. The amendment request is an increase in pro- ject area from 147 acres to 153 acres and a denisty increase of `— .07 units per acre. He stated that staff finds that the reduced average lot size is minor as well as the overall project density Planning Commission Minutes February 8, 1984 C Page 3 change of 1.94 to 2.01 units per acre. He stated that the pro- posed gross density is .2 units below the minimum density prescribed in the Comprehensive Plan which states the low density residential areas shall have a density range of 2.2 to 3.4 units per. acre. Waibel stated that the City Engineer indicated that the street and easement vacations are of no detriment to the City and result in overall improvement to the plan. The applicants had a slide presentation and were available to any answer questions. J. Thompson moved, seconded by B. Ryan to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by S. Albee that the Planning Commission recommends approval of the Final Development Plan Amendment and street and utility easaement vacations as depicted on the Sathre Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor. M. Thompson abstained. Motion carried. Subdivision Variance Sketch Plan Review, Northeast and Northwest Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd. 18, Brian and Neil Klingelhutz. Waibel stated that this is a sketch plan review to subdivide 10 detached single family residential unsewered lots. The property has moderate to severe slope conditions which require the pro- perty to have four accesses, two of which are onto Co. Rd. 17 and two onto Co. Rd. 18. The County and City Engineers conclude that due to the slope limitations of the property, the accesses as proposed are probably acceptable, however, no additional future accesses should be allowed. Waibel noted that the preliminary plat must demonstrate that future building sites will be designed to allow for site con- ditions proper for home construction, driveway access, and pri- vated septic system, drainfield and well installation according to the City Engineer and the Soil Conservation Service. After review of the sketch plan the Commissioners encouraged the applicants to prepare the preliminary plat with the following suggestions: CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Planning Commission FROM: Bill Monk, City Engineer DATE: January 15, 1985 SUBJ: Proposed Amendment to Near Mountain Development Plan Utilities Lateral extensions from sanitary sewer and water lines already in place in Pleasant View Road and those previously installed in earlier phases of Near Mountain will provide utility service to the balance of the proposed plat. The construction of Phase II will include installation of a sanitary sewer lift station due to elevation restrictions, however, it is required to allow develop- ment of the western portion of the property. Streets The street alignment has changed slightly from previous plans, however, the overall effect is minor in nature and allows for a better lot layout. As a condition of approval of the original plan, it was required that the major east -west and north -south roadways be platted to a 60 foot width and constructed to a 36 foot wide section. In reviewing the section of Near Mountain Boulevard that has been constructed to this standard, it is my recommendation that this condition be modified to a 50 foot wide right-of-way and a 32 foot wide street section which I feel will sufficiently handle the traffic through this plat. Draina qe The drainage concept utilized in this subdivision involves the use of intermediate ponding areas for sedimentation prior to discharge into the Class A wetlands on the north edge of the property. Since the northward drainage pattern cannot be altered, this ponding concept is the best means by which water quality can be maintained. Also, the amount of runoff being discharged directly to the wetlands (not routed through a pond) can and will be reduced as final drainage plans are prepared so that there will be no increase in direct discharge volumes when comparing existing conditions and the proposed plan. Proposed Amendment January 15, 1985 Page 2 Phasing Plan to Near Mountain Development of a phasing plan is usually based plan, however, in this instance I am concerned creates a 2500 foot cul-de-sac situation. In street looping and overall access question, it cial to include Phase IV as a part of Phase II the western portion of Phase II. on a marketing that Phase II considering the would be benefi- in exchange for r ��Sfn7TAATE OF V J L1 IF.Z � uQ DEPARTMENT OF NATURAL RESOURCES 1200 Warner Road, Saint Paul, Minnesota 55106 PHONE NO. 296-752.3 _ FILE NO. January 15, 1985 Ms. JoAnn Olsen City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: FINAL PLAN AMENDMENT, NEAR MOUNTAIN DEVELOPMENT 79-2 PUD Dear Ms. Olsen: The northwest portion of the "type A" housing plat of the above project appears to fall (minimally) within the 1000-foot shoreland district of Silver Lake (Natural Environment); however, the lot sizes are consistent with state minimum standards (20,000 square feet for back lots). Please be advised that Outlot D, which indicates the future develop- ment of 114 condominium units, lies almost totally within the shoreland district of either Silver Lake or Lotus Lake. The den- sity/development of this area should be consistent with state PUD guidelines. I would be happy to meet with the developer to address any concerns early in the planning stages of this portion of the site. Should you have any questions, please feel free to contact me. Sincerely, J dy Baudreau, Area Hydrologist Metro Region Division of Waters ch AN EQUAL OPPORTUNITY EMPLOYER ,An Ej4r 0,5 CITY OF CHANHASSEN r r"ell"IVED �,OMMUNITY DEVELOPMENT DEPT City of Chanhassen Land Development Application Page 2 FILING INSTRUCTIONS: This application must be completed in full and be typewritten or - clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances. 0 p� LUIV\ Signed B % y Date / p 'cant _ The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described. Signed By Fee Owner Date Application Received-- �v Application Fee Paid $11/ 322.40 /// City Receipt No. /%� u'r Date t3c%+ 7k eu.,je 68.16 ac.(x $15.00 = $1,022.40 * This Application will be considered by the Planning Commission/ s at their meeting. Planning Commission Minutes January 23, 1985 Page 2 M. Thompson moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. After the explanation from the applicant, the Commissioners did not feel that this activity would be detrimental to the surrounding properties. J. Thompson moved, seconded by M. Thompson, that the Planning Commission recommends the City Council approve Conditional Use Permit Request #85-1 to locate a wholesale nursery at 9150 Great Plains Boulevard as depicted on the Site Plan labeled as Attachment #3. All voted in favor and the motion carried. PUBLIC HEARING Final Plan Amendment Request #79-2 for Near Mountain Planned Unit Development on property zoned P-1, Planned Residential Development and locat:,—1 along Chanhassen Road, Near Mountain Partnership, applicant. Public Present Peter Pflaum Rick Sathre Mike Pflaum Lundgren Brothers Construction Olsen stated that the applicant is proposing to increase the Type B area by 19 lots in exchange for 13 Type.A lots and 6 condomium units. She also noted that, in addition, the street alignment and shape of the ponding areas have changed slightly but will not impact the design and would allow for a better lot layout. She explained that development is taking place in the Type C area where the front and side yard setbacks are 25' and 5'/10'. The developers intend to continue these setbacks into the Type B area. She stated that staff believes the reduced setbacks can be continued into the Type B area without adversely impacting the surrounding property. She also noted that staff is recommending that a berm be continued along the Type B area and also would like the developers to further discuss with staff their phasing plan for Near Mountain. Peter Pflaum explained that as they develop the project, they are getting more of an idea of how they want the different type of homes to be phased together smoothly. He stated that they have decided to change the line between the Type B and Type A phases because of a natural tree line or wooded area and by doingthat are dropping 13 larger lots (Type A) and 6 condominium units and adding 19 Type B lots. Conrad moved, seconded by Merz to close the public hearing. All voted in favor and the motion carried. Planning Commission Minutes January 23, 1985 Page 3 Merz moved, seconded by J. Thompson, that the Planning Commission recommend the City Council approve the Final Development Plan Amendment as depicted on the Sathre-Bergquist, Inc. proposed Amended Plan dated January 14, 1985 with the following con- ditions: 1. That the major north -south and east -west roadways have a 50 foot wide right-of-way and a 32 foot wide street section. 2. That the existing berm located on the property south of the Type C area be continued along the south boundary of the Type B. 3. That the developers work with staff on the phasing plan for the Near Mountain Development. All voted in favor and the motion carried. NEW BUSINESS Sign Variance Request #85-1 for two temporary advertising signs located at the Prairie House Family Restaurant, 501 West 79th Street, Ted Korzenowski, applicant. Public Present Ted Korzenowski applicant Dacy explained that the applicant is seeking two variances; a free standing sign to be located on his property in front or near the existing city sign and an advertising sign to be located along Highway 5 on the site where the Chanhassen Center is located. She stated that the applicant intends that signs be erected for one year. She indicated that the applicant in his letter to the Planning Commission stated that additional signage is necessary to attract and direct traffic off the highway. She noted that the applicant now has a free standing sign as per- mitted by the ordinance. She explained that the intent of the sign regulations is to insure a proper balance between the number of signs and the number of buildings located on a particular property. She also added that off -site advertising signs are specifically prohibited to prevent the proliferation of signs advertising businesses in other locations of the city. She also stated that temporary signage for advertising purposes could result in other requests by other businesses in the community. She stated that staff recommends the variance be denied and that the applicant should consider working with the Chamber of Commerce in the redesign of the existing City sign. Ted Korzenowski asked if any of the Commissioners were at the Downtown Forum. He stated that most of the recommendations were that the sign ordinance should be revised for Chanhassen which February 5, 1985 Jo Ann Olsen Community Development Department City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Mn 55317 Re: Sketch Plan Review: Planning Case No. 79-2 PUD Ms Olsen: Thank you for the opportunity to review the above sketch plan. Please inform the Owner/Developer that natural gas is available to serve the proposed development, upon proper application and subject to Rules and Regulations in effect at time of application. Application can be made by contacting our Industrial/Commerical Sales Department located at Ridge Square in Minnetonka. The telephone number is 544-0108. I will forward the sketch plan to Mr. Art Kittleson at that office, along with a copy of this letter. The nearest natural gas service is located on State Highway #5, south of this site. We appreciate your consideration and cooperation. Cordially, T pR- -e.' Wunderlich Supervising Engineer System Design Operations Division cc: Art Kittleson (+ plat map) /lk CITY OF CHANHASSEN FEB 6 95 COMMUNITY DEVELOPMENT DEF' A Company of Diversified Energies, Inc. 700 West Linden Avenue, Minneapolis, Minnesota 55403 ,TA QU-ke-'� o-a, IP.3 S kun-tscoul� Official Publication NOTICE OF PUBLIC HEARING PROPOSED FINAL PLAN AMENDMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a Public Hearing on Wednesday, January 23, 1985 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to con- sider the application of Near Mountain Partnership I to amend the Final Plan of Near Mountain Develop- ment on property zoned P-1, Planned Residential Development located at the N% of Section 1, Township 116, Range 23. A plan showing the location of the proposed final plan amendment is available for public review at Ci- ty Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposed final plan amendment. Barbara Dacy, City Planner Phone: 937-1900 (Pub. Carver County Herald Jan. 9,1985) (669) Affidavit of Publication Carver County Herald State of Minnesota ) )SS. County of Carver ) STAN ROLFSRUD _ , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Carver County Herald, and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Tbe printed Notice of Public Hearing Proposed Final Plan -A—mendment hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published once each week, for sue - cessive weeks; that it was first so published on fTa&e __9__ day ofRT aA 1901and was thereafter printed and published on every to and including the day of 198_ a tiat the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged being the size and kind of type n used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz - Subscribed and sworn to before me on ! this—dayof RTan 194_ pf:YLLi3, A. 2 jn ►, „ N-TARY P Notary Public QCOTT cou +E1� MY Commission Expires May 7, 1986 a RATE INFORMATION Lowest classified rate paid by commercial users for comparable space. $6.00 per column inch Maximum rate allowed by law for the above matter............. .... $4.49 per column inch Rate actually charged for the above matter. . $4.49 per column inch August 27, 1985 Ms. JoAnn Olsen Community Development Department City of Chanhassen 690 Coulter Drive Post Office Box 147 Chanhassen, MN 55317 RE: Sketch Plan Review: Planning Case No. 79-2 PUD Dear Ms. Olsen: Thank you for the opportunity to review the above sketch plan. Please inform the Owner/Developer that natural gas is available to serve the proposed development upon proper application and subject to the Rules and Regulations in effect at the time appli- cation is made. The closest natural gas distribution system is located on Pleasant View Road. Application can be made by con- tacting our Residential Sales Department located at Ridge Square in Minnetonka. The telephone number is 544-0108. I will forward the sketch plan to Mr. Charlie Capron at that office, along with a copy of this letter. We appreciate your consideration and cooperation. Cordially, R. 'l Wunderlich Supervising Engineer System Design Operations Division R C W : b j r cc: Charlie Capron (and plat map) A Company of Diversified Energies, InC. 700 West Linden Avenue, Minneapolis. Minnesota 55403 AUG 2 9 1985 CfT_YAF. CHANHASSEF LUnDGR(n O CTRUCTION BROS� 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 August 30, 1985 Ms. JoAnn Olsen Chanhassen Community Department 690 Coulter Drive Chanhassen, Minnesota Dear JoAnn: Development 55317 Enclosed herewith is the $200.00 application review of our proposed amendment of the Near Plan to substitute 41 single family lots for attached units. I regret any inconvenience forwarding this check may have caused. Very truly yours, LU GRE BROS. CONSTRUCTION, INC. t i chael `7� P f 1 m �; MAP/pm Enclosure fee for Sketch Plan Mountain Development 114 multi -family which the delay in CITY OF CHANHASSEN �FP1 3 O MUNITY DEVELOPMENT DEP City of Chanhassen Community Development Department 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 Date: August 26, 1985 To: Development Plan Referral Agencies From: Chanhassen Community Development Department By: Jo Ann Olsen, Asst. City Planner Subject: Sketch Plan Review for the development of 42 single family residences on property zone P- , Planned Residential Development and locatedin the Near Mountain P.R.D at the northwest corner of Hwy. 101 and Peasant View Road. Planning Case No: 79-2 PUD The above described application for approval of a land development proposal was filed with the Chanhassen Ccnammity Development Department on August 21, 1985 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any cents you might have on this proposal. We are particularly interested in matters which affect the public health, safety and general welfare. Specifically, we would appreciate your comments and reccmTendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council encampassing these needs. This application is scheduled for consideration by the Chanhassen Planning Ccmnission on September 11 at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Community Development Department to prepare a thorough review of this application for the Commission and Council, we would appreciate receiving your comments by no later than September 3 You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Development Plans DISTRIBU.CION• Riley Purgatory Creek City Engineer Watershed Dist. Engineer 1 . U. MN Dept of Natural Resour 2. City Attorney Soil Conservation Service e Ccnipany 3. City Park Director 8. MN Dept of Transportation (NW Bel or United) Fire Department 4., U.S. Army Corps of Engineers tric Company5. (NSP MN Valley Co-op) County EngineerMinnegasco ry 14 or -SAT Cable `h File: Ccnm inity Development Department L1: Form No. 81-10 Agency Referral 7/1/81 C! a' ■_,4 •Ict►i ii:191 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss COUNTY OF CARVER ) Vicki Churchill, the duly qualified and acting Planning Secretary of the City of Chanhassen, Minnesota, on oath and deposes and says that on January 8 lg 85 she caused to be mailed a copy of the attached notice of hearing on a proposed final plat amendment for Near -Mountain Development 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 addressess of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Z U� N. NOTICE OF PUBLIC HEARING PROPOSED FINAL PLAN AMENDMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a Public Hearing on Wednesday, January 23, 1985 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Near Mountain Partnership I to amend the Final Plan of Near Mountain Development on property zoned P-1, Planned Residential Development located at the Ni of Section 1, Township 116, Range 23. A plan showing the location of the proposed final plan amend- ment is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposed final plan amendment. Barbara Dacy, City Planne Phone: 937-1900 C- (Publish in the Carver County Herald January 9, 1985.) , M Jerry A. & L. Belanger Joseph J. Smith David W. & D. Duffel 100 Cascade Pass 550 Pleasant View Road 84 Castle Ridge Court Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Kevin & J. Pieper Thomas & J. Kollman Harvey W. & K. Robideau 3346 Lilac Lane 95 Shasta Circle 540 Pleasant View Road Excelsior, MM 55331 ! Chanhassen, MN 55317 Chanhassen, MM 55317 Robert J. & M. Madden Louis & B. Guerre John & N. Carter 96 Olympic Circle 551 Indian Hill Road 97 Olympic Circle Chanhassen, MM 55317 Chanhassen, MN 55317 Chanhassen, MM 55317 Thomas M. & M. Seifert David R. & G. Pizana Gary M. Schletizke 600 Pleasant View Road 35 Pleasant View Road 6210 Hamilton Street Chanhassen, MN 55317 Chanhassen, MM 55317 St. Louis Park, MM 5541E Frank & G. Metzig j Daniel L. & C. Welsh James M. Theis 605 No. 29th Street ! 670 Pleasant View Road ! 6400 Pleasant View Road Mesa, Arizona 85203 Chanhassen, MCI 55317 Chanhassen, MM 55317 Robert J. Reichert Derrick Land Co. David C. Parachini Box 94 B-T Investors 20375 Linwood Road Excelsior, MN 55331 1770 Shelard Tager Excelsior, m 55331 Minneapolis, MM 55426 Helmut & J. Mauer ! David A. Broden James & L. Meyer 5810 Ridge Road 640 Pleasant View Road 6225 Ridge Road Excelsior, MM 55331 Chanhassen, MM 55317 Excelsior, MM 55331 i David & C. Rouse M. Thompson Charles & M. Freidrichs 6828 19th Ave. S. 721 Pleasant View Road 610 Pleasant View Road Minneapolis, MM 55423 Chanhassen, MN 55317 Chanhassen, MN 55317 John & J. Thielen John & J. Nicolay Carl W. Schevenious 665 Pleasant View Road 608 Pleasant View Road 5527 Perm Ave. S. Chanhassen, MN 55317 Chanhassen, MN 55317 Minneapolis, MN 55419 Robert J. Reichert G. Alexander & E. Abresch Sewall M. & N. Osgood Massey University 55 Pleasant View Road 745 Pleasant View Road Palmerstowns No., I!;, Chanhassen, M55317 Chanhassen, M55317 New Zealand Lundgren Brothers Const. Gary Kendrick Harold & M. Rojina 935 E. Wayzata Blvd. 550 Indian Hill Road 480 Indian Hill Road Wayzata, MM 55391 Chanhassen, MM 55317 Chanhassen, MN 55317 Near Mountain Properties Steven M. Murphy C.F. & M. McNutt 4900 IDS Center 6068 Stonybrook Dr. 185 Pleasant View Road Minneapolis, MN 55402 Minnetonka, MN 55343 Chanhassen, MN 55317 A.E. & I. Schroeder 6430 Pleasant View Road Chanhassen, MN 55317 Wm. L. & D. Hulett 6450 Pleasant View Road Chanhassen, M 55317 R.V. & M. Nelson 135 Pleasant View Road Chanhassen, MN 55317 H.J. Kask J.G. & M. Schroeder L.I. Wenning 115 Pleasant View Road 65 Pleasant View Road 6441 Pleasant View Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 City of Chanhassen '�Conununity Development Departme, 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 Date: January'3, 1985 To: Development Plan Referral Agencies From: Chanhassen Ccrmnunity Development Department Subject: Final Plan Amendment of Near Mountain DE Residential Development, and located at Planning Case No: 79-2 PUD By: Jo Ann Olsen, Asst. City Planner N on property zoned P-1, Planned Section 1, 'Township 116. Ranae The above described application for approval of a land development` proposal was filed with the Chanhassen Ccinunity Development Department on January 2, 1985 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any ccaranents you might have on this proposal. We are particularly interested in matters which affect the public health, safety and general welfare. Specifically, we would appreciate your ccoments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a. written report to this effect from the agency concerned so that we can make a recommendation to the Planning Ccmmission and City Council encanpassing these needs. This application is scheduled for consideration by the Chanhassen Planning Cannission on January 23, 1985 at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Community Development Department to prepare a thorough review of this application for the Ccm-tussion and Council, we would appreciate receiving your comments by no later than January 14, 1985 You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Development Plans DISTRIBUTION• Riley Purgatory Creek City Engineer (57 Watershed Dist. Engineer MN Dept of Natural Resourc 2. City Attorney Soil Conservation Service ' 12 Company 3. City Park Director � MN Dept of Transportation Et;ric'Company or United) Fire Department � U.S. Army Corps of Engineers 5. County Engineer `t�J� Muhnegasco P r MN Valley Co-op) File: Ccnumity Development Department Form No. 81-10 Agency Referral 7/l/81 CI=TY'OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 June 5, 1985 Mr. Peter Pflaum Near Mountain Partnership I 935 E. Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Pflaum: This is to formally notify you that the City Council on June 3, 1985 approved your request for final plat approvals for Chestnut Ridge 6th Addition and Trappers Pass. The Council approved the final plats subject to the submission of the financial security and required plans and specifications. The final plat will not be signed until these requirements have been met. Please feel free to contact me if you have any questions. Very truy yours, / Barbara Dacy i City Planner BD:v SCANNED Council Meeting October 1984-11- NEAR MOUNTAIN EXTENSION REQUEST: Bill MonK - We are approached, from time to time, with developments in Shorewood - abutting our line. We 'have never proceeded to this point, perhaps because I am not overly optimistic to them. or whatever for whatever reason they have not proceeded and Lundgren Bros. is the first one "to take it to this level. They have gone through the proper channels in contacting Shorewood and everything would be set up now for the Council to proceed. It's a major concept. Mayor Hamilton - Why don't we annex that part of Shorewood. Councilwoman Swenson - How much is it going to cost the City? Bill Monk - There are a lot of details that would need to be worked out on that arrangement. Who would extend the lines, I am sure it would be the developer. Maintenance on the line, those type of things which would need to be worked out but I can assure you that even if the City was responsible for the maintenance of the line that the revenues -would more than cover it. Water revenues would cover the main- tenance of it. Those are the things that we would have to come to agreement on with the City of Shorewood. Councilman Horn - Does that mean we would have to send unpaid water bills to Hennepin County? Bill Monk - Yes, you would send them to Hennepin County but they would have to be certified by the City of Shorewood. We run into a yearly problem with the City of Victoria but we would have to have a cooperative agreement with the City of Shorewood. CounciLman Horn - It probably would end up costing us more administratively to get those certified. Bill Monk - Than normal. Councilman Geving - We don't even know if we have got capacity to service this area until we do the feasibility study. Bill Monk - What I am looking for is whether the Council even goes along with the concept. If the Council just does not want to go beyond its borders at this point this developer should be told that. Councilman Geving - I am against the proposal. Mayor Hamilton - I am in favor of it. Councilwoman Swenson - Can't these houses be built in Chanhassen instead of Shorewood? If they have got the space instead of going to Shorewood side of their :Near Mountain project, why don't they fill up Chanhassen? Bill Monk - As I understand it the next phase in Chanhassen will be before you 30 to 45 days. They are planning to expand and continue their developments in'Chanhassen and they are looking for the same type of phase development in their holdings in Shorewood and they are just looking at their options for water at this point because a community well system is extremely expensive. Councilwoman Watson - I think it's a good idea. I don't see anything wrong with doing it if we can work out the details so that it is a self-supporting project and doesn't cost any of the residents of Chanhassen any money. Council Meeting October 15, 384 -12- Councilman Horn - If it's a self-supporting project why is Shorewood so against it? Bill Monk - They have just started their water system and the problem they are having is extending it to different places when they have to cross properties that don't want water at this point and they 'have told Lundgren Bros. that they just are not ready to extend to this particular part of town. It is their number one issue in that city and is probably the major contributing factor to their, I think, severe financial problems. Mavor Hamilton - We would like to see the phasing plan for the development of the Chanhassen portion and the Shorewood portion and then, if you assume.that we move ahead and we would approve it and Shorewood approved it, what down the road ten or 15 years when Shorewood is developing their water system, what then happens when they want to take the revenue from this? Can they in fact take over the pipe? Bill Monk - Normally what you would do is when they do get to that point where they can service it the agreement would be 1) yes, they would take over the pipes and a valve would be placed between the systems and they would be closed at that point and what it does it provide a emergency link between the two cities but the agreement would be for an indefinite period of time until water is available in their city and then they would take over the lines. The other route can be taken, the city could push that if we are going to extend it, it's going to be permanent. Usually they are not written that way. Mayor Hamilton - If you put a valve in there and somebody shut that off and Shorewood takes over their portion, it seems.to me you are creating a dead end there. Bill Monk - You would put a hydrant right by the valve. It would be just like water - main in a lot of parts of the city. It might create a dead end but I would have to take a look at the street layout. I think what you would end up with is about a 400 to 500 foot dead end which is basically just about a cul-de-sac. We would make sure we don't get burned on that type of an arrangement. Councilman Geving - It's hard to divorce, in my mind, the water issue from the sewer issue. You dump water into your sewer system and the first thing you know your metro rates go up, how do you control that? Bill Monk - Shorewood would be responsible for the sewer arrangements and whatever. There are meters on most of these outflows. It would go towards their flow. Mike Pflaum - So far as the Shorewood water system is concerned, in a nut shell, I think most of you are pretty familiar with the problem, it's become a major political issue in the City of Shorewood largely because of the way the City is laid out and the early policy that was adopted of requiring developers to put in wells to even- tually be joined by mains to serve the people in between developments and for a number of reasons that policy has not worked. What has happened apparently is that the citizens of Shorewood who have not received any benefit from any of these systems have been taxed to pay for the operating deficits of the water system and they are outraged by that and they have, in reaction, told their city council in no uncertain terms that they don't want any kind of municipal water system and it was fairly recently, probably in the last month, that the city formally adopted a policy of no municipal water. This formal adoption of the policy came after Trivesco and Lundgren Bros., I am trying to think who the other developer was, three developers were involved in one sector of Shorewood. It was a logical area to start a municipal system that could be funded entirely by those developments and serve those develop- mants and even that was too unpalatable for the constituency and the city council, on a close vote, voted it down. It is their intention that there will not be municipal water at least for the present .city council. We are seeking from the City of Council Meeting Octot 15, 1984 -13- Chanhassen an indication that there is a willingness on your part, obviously there are a lot of things that would have to be worked out if there were to be Chanhassen T water in Shorewood in the Near Mountain project. We feel there is a certain logic to viewing this project as something a little bit different and special from other deve- lopments within the City of Shorewood if for no other reason because it really is one development. We haven't been able to get underway in Shorewood yet, almost entirely because of the problem with water but when we first brought our project before you it was 313 acre piece of property that was half in Carver County and half in Hennepin County and it was kind of a comprehensive development plan. The use of Chanhassen water for the Shorewood portion of the property would enable development to occur there which in turn helps to accelerate development of the site in Chanhassen as well. We are dealing with a very large site and the more activity that we are able to generate on that site, the more marketing interest we get on that site, the easier it is for us to build it out. Councilman Geving - Why don't you build it out in Chanhassen first? Mike Pflaum - That's a problem we have politically as well. Shorewood would like to see development of the property in Shorewood. Councilman Geving - They want development but they don't want to go through with the water. They want to dump it on Chanhassen. Mike Pflaum - They don't want to dump it on Chanhassen. It was our suggestion. It was not the City of Shorewood's suggestion. We have been trying to find some way to get water to the Shorewood site in a fashion that's economically feasible for deve- lopment and the problem that you run into with private systems basically is that if you wish to phase development as most prudent developers do, you have to front end the cost of the well system regardless. This kind of front end loading tends to create an intolerable burden on development and is something that we haven't seen a way around to successfully develop that property. The only reason I am standing here tonight is that we can't get municipal water from Shorewood and we are looking for alternatives as a way to get water onto that site and it seems to me that it con- ceivably benefits the City of Chanhassen from a revenue standpoint and at the same "time benefits us as developers of that site and we are not asking for really anything tonight except an indication that you would entertain the notion because it is a complex sort of thing with lots of questions that need to be answered. We realize that. Nobody is asking for approval of something that will take more study. Councilwoman Swenson - What is your objection to putting in a well until such time as Shorewood comes through to service those houses. Mike Pflaum - Basically what you are talking about with a well is about a quarter of a million dollars plus facility before you run any trunk or any of your laterals. That's just for the drilling of the well, for the pump house or the treatment facili- ties, etc. which is all front end. Councilwoman Swenson - Are we going to have to go through new bonding to do this? Don Ashworth - That's the reason you need the study to determine whether or not we have capacity, whether or not there is enough storage capacity, well capacity, those are all questions that will cane out in the study. Mayor Hamilton - About why not put in your own water system which I know that Mason Homes has clone in some of their developments prior to the city having city water there. They built a tower. They put in their own water system. They took the reve- nue off of it and it must have worked okay for them. I understand it's going to be Council Meeting October , 1984 -14- expensive but it must also pay itself back to you as a privately owned water system and then when the city does someday decide to have their own system, all they do is walk up and pay you for it. Mike Pflaum - I can't speak for Bob Mason's development. I do know that in Minnetonka at one time he did establish his own private well system and if I recall correctly what he said was that at the time that he was directed to do this he asked if he could retain ownership of that well and run it as his own private utility and he was told he could. He was not allowed to do so. When the development was complete, when the water system was fully developed, the City of Minnetonka asked for the water system for $1.00. That was one instance that Bob Mason did speak of. I don't think his situation and Shorewood is analogous. I don't think it is a desirable situation. I believe that he has no choice what he does in Shorewood because I believe he has bought all that land. There is another point that is impor- tant and that is, the Mason product is almost exclusively, and I don't really feel comfortable standing here talking to you folks about Bob Mason's product because I am not qualified to-do so, we have done some business together in subdivisions so I have passing knowledge and that's all. He is largely in the range of $300,000 to $400.,000 homes. We tend today to be in the $100,000 to maybe $250,000 range and we have dif- ferent product lines. The country home product is very dependent upon FHA/VA buyers. We have got to be able to qualify a subdivision for FHA and it's almost impossible to qualify a subdivision for FHA if you have got a private system. Councilwoman Swenson - Is there any possibility or any need for a document indicating that Shorewood would hold Chanhassen blameless for any damage that might come from a water system breakage or anything like that? Bill Monk - This is just the first step and if the Council is amenable to this approach, once it gets incorporated into the study there is no way that I can see that we can handle this size proposal with our existing system. This would be depen- dent on whatever the Council would do with this report and when and where the extra storage facility would be put in so that this probably is not going to happen until about 1986 that this would even become workable. In between that time there would be a lot of work that would be necessary between the two cities and with the developer on exactly how this agreement would be structured, who is going to put them in, who is going to maintain them, how you are going to bill them, the whole structure would have to be set out in a lot of detail. There is a lot of work that would be involved in doing it. That is not meant negative to reflect against it but those are the type of questions that would have to be detailed and we are looking, at this point, for an overall concept but we are not talking about a connection tomorrow. Councilwoman Swenson - It seems to me that we are not going to need a well up there and when these people are finished with it or when Shorewood decides that they want to go, what are we going to do with a well sitting up there. Mayor Hamilton - We don't know that. Bill Monk - What the study would have to show is where the storage would -go and how that storage would service this area. Mayor Hamilton - I think it's an exciting new area that hasn't been looked at pre- viously. If Lundgren Bros. want to go ahead with this they are the ones that are going to have to foot the bill for it and not the City. Councilman Gevincr - I think Shorewood saw a laid deal here and they walked away from it. Council Meeting C _)ber 15, 1984 -15- Councilwoman Swenson - The applicant does understand that upon receipt of the anall sis of this, by no means are we making any commitment to go ahead with it. Councilman Horn - I have no problem with exploring new revenue sources. I just wanted to make sure that we do find out all the answers when we go into this and we don't forget something and we turn out that we get into a losing proposition. That really my big concern. I haven't really heard anybody give me a good gut feel as t whether this is a money making situation for the City. Don Ashworth - I don't know if we really know. We are going to look at the com uni in what we potentially need for water. One of the things that we do know is that TA do have a problem with storage. We think that's what the study might show. If that's true and if it is located in an area that would serve both the City as well those additional 300 homes, potentially they could help pay for that additional storage device. On the other side they may force us to build a size larger than we would want to and therefore it would not be feasible. We really don't know what tk answer is -tonight. Councilman Horn - If we had not had this request would we still had this water pror sal study go ahead. Bill Monk - The water study is very necessary. This is just a supplementary item attachea to that and I still feel that if we weren't doing the study and going to t looking at increasing our storage, I guess I would even entertain the request. Historically our water system has been our generator. The sewer system has been a big sore point. In the past, as far as the City goes, water has been nothing but a revenue. This type of a proposal whether it would be as big a revenue maker I am n ` sure. If you look at the budget what you will find is that basically each (sewer a t water) does pay its way. That's one of the reasons the sewer rates are as high as } they are because we are trying to maintain equity between the two systems. What i excess revenue we do have seems to be generated faster in the water than it does in the sewer. Mayor Hamilton moved to include the Near Mountain water system expansion request in the water study proposal. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn a Geving. No negative votes. Motion carried. Mike Pflaum - Councilman Geving has indicated somewhat of a fear that Lundgren Bros. might somehow abandon Chanhassen. That is not our intention at all. In fact one of the things that Peter (Pflaum) wanted me to do was to pull out our plan and show you where we are and kind of seek Council direction as to where we want to go in Chanhassen without going through any kind of a formal process. I will show you what his thoughts are and ask if there is any violent opposition to what he would like to do and if there is that gives us some direction. As you are probably aware, in our business we develop land a year ahead of its need and right now we are in a situation in Chanhassen where we probably have got enough inventory between Chanhassen and Plymouth of lots in the country home size for 1985. We are looking to 1986 and we will be close to out of country home size lots in 1986. What we would like to know and won't know, what we would like to get some sort of feel for is whether the City Council would enter- tain a notion of developing this green area over to this street in country homes. It would add approximately 30 country home lots to the present number that we have. We are not asking you to give us more density than was originally intended for the site. What we are really trying to do is to continue this neighborhood of what is pretty much a hot product in a difficult market. The reason that I am asking you this question a) we are not trying to circumvent the 8 . 1 Council Meeting October _.,, 1984 -16- PUD process, we are not trying to circumvent the staff or anybody else. We realize that we would have to amend the plan and go before the Planning Commission, public hearings, etc. The only reason we are bringing it up now is if there is clear direc- tion from the Council that they would not like to see this extended any farther. We would like that input because that would mean we should search out another place to put that product line so we will be on-line for marketing in 1986. Councilwoman Swenson - I personally will not vote for any more 7,500 square foot lots. Councilman Horn - I feel the lots are awfully small. I am happy with what is going on over there. I tell people, now, there is an example of what you can do if you allow a certain number of small lot situations in but I really have a concern of prop- agating that further and further and where does it stop. Councilwoman Watson - I think the product is beautiful. I would like to see the lots be 10,000 square feet. Councilman Geving - I think we tried to concentrate on what we considered affordable housing at the time and we gave you an opportunity to develop that in smaller lots. I would like to move away from that concept at this time. I like the houses. I would like to see some bigger lots. Mayor Hamilton - I think you have a natural barrier there if you go over to the road but I think enough is enough, also. NOVFMBER 5TH MEETING: Councilwoman Swenson moved to change the November 5th meeting to November 12th. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. SOUMAIEST CORRIDOR COALITION: Councilman Horn - The advice from the council was that if we would show something that would make this program unique they would start the feasibility study on Highway 212. They suggested that maybe the thing that would tip the scale would be if all the cities would get together and put up some up -front money to fund the EIS state- ment tnat if it didn't go through would be totally put back to the cities. What they came right out and told us was the highway priorities are not judged anymore by the data and the needs but highway priorities are judged by the political process. BLUFF CREEK RAILROAD CROSSING: Bill Monk - We submitted a petition, I will have to check up on that, as far as I know it was going to be slated for either this year or early next year and I will have to make sure it got slated for approval. UPDATE ON ASSESSING CONTRACT: Mary Vujovich gave a report on the status of the assessing contract dispute with Carver County. CABLE TV: The City Engineer gave an update on the progress of Cable TV in the City. A motion was made by Councilman Geving and seconded by Councilman Horn to adjourn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, 4 Councilmen Horn and Geving. No negative votes. Motion carried. I C Don Ashworth City Manager 6225 Ridge Road Chanhassen, Minnesota 5531.7 September 17, 1984 Lundgren Brothers Construction Company 935 East Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Mr. Peter Pflaum Dear Peter: The Pleasantview Home Owners Association is concerned about the Near Mountain development, and in particular the road from the development onto Pleasantview Road. I recall the concern about the increased traffic on Pleasantview Road. We also very clearly recall your assuring us that the road would exit in such a manner that it would be virtually impossible, or at least very difficult, to make a right turn onto Pleasantview. I think that if you have been over to the project, that is obviously not the case. In fact, it is very easy to go from the project to the right on Pleasantview, and we are seeing people using the road through your project as a short- cut, coming west on Pleasantview Road. This, in fact, as we have all noticed, has already contributed to increased traffic, which obviously is going to get worse. We would hope that you would correct this situation, and have the road exit onto Pleasantview, as you promised the Home Owners Association. We thank you for this. We know that in the past you have always dealt with us very fairly, and we would expect you to do so now. Should you wish to discuss this with me, my office phone is (612) 920-7660, and my home telephone is (612) 474-2900. Kindest personal regards, /amesJ. Meyer, M.D. JJM:MTS:sl cc Mr. Scott Martin Chanhassen City Offices Kathy Schwartz Mike Thompson Dean Wetzel Members, Pleasantview Home Owners Association 2 5 1984 REGULAR CHANHASSEN CI•'" COUNCIL MEETING JUNE 4, 1984 . Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson, Councilwoman Swenson Councilman Geving Staff Present Don Ashworth, Bill Monk, Scott Martin APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as as presented with the addition of Race Track, Solid Waste Recycling Commission, and Synopsis of Pending or Unfinished Planning Cases, Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the consent agenda pur- suant to the City Manager's recommendations: a. Approve Plans and Specifications for Chestnut Ridge at Near Mountain Additions. b. Approve Plans and Specifications for Hillside Oaks Addition. C. Set Special Meeting Date, Interview Candidates, City Planner Position, June 11, 1984. d. Correct minutes, May 7, 1984, City Council meeting. e. Duplicate Bond Coupons, Correct Previously Approved Documents. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. PRESENTATION OF FLAG FOR POLICE OFFICE, CHANHASSEN AMERICAN LEGION: Tom Klingelhutz, Legion Commander and Leander Kerber presented an American Flag to Chief Deputy, Duane Bickett from the Carver County Sheriff's Department. McDONALD'S SPECIAL USE PERMIT, FIRST ANNIVERSARY CELEBRATION: McDonald's is planning to hold a First Anniversary Celebration during the weekend of July 14 and 15 with a few carnival rides, etc. A motion was made by Councilwoman Swenson and seconded by Councilman Horn to approve the request for the weekend of July 14th and 15th. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn and Geving. No negative votes. Motion carried. LAKE SUSAN PARK LANDSCAPING PROJECT: RESOLUTION #84-27: Councilman Horn moved the adoption of a resolution accepting the bid from Minnesota Valley Landscape, Inc. in the base bid of $6,194.00. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. MINUTES: Mayor Hamilton moved to note the April 25, 1984, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSTRUCTION LOAN` AGFLEE-`ENT THIS AGREE2=, is made and entered into by and between Lundgren Bros. Constructic Inc., a Minnesota corporation (hereinafter called "Mortgagor"), First Federal Savings < Loan Association of Minneapolis, a United States of America corporation (thereinafter called "Lender") and the Title Insurance Company of Minnesota, a Minnesota corporation (hereinafter called "Title Company"). W I T N E S S E T H 1 WHEREAS, Mortgagor will execute and deliver to Lender a First Mortgage Note (herein called the ",Note") in the principal amount of Two Hundred, Ninety -Seven Thousand and no/100ths Dollars (;297,000.00)with interest at the rate of One and One -Half percen (1-1/22) above the average prime commerical rate charged by the N orwest ank Minne- apolis, N.A. over the. Quarter preoeeding the interest payment date, but which interes rate shall not be less than eleven percent (11%) per annum nor more than eighteen perce, (ISM) per annum, to be repaid according to the terms thereof. and V9EREAS, Mortgagor will, as security therefor, execute and deliver to Lender a Mortgage (herein called the "Mortgage") covering the real property located in the Citv of Chanhassen, Carver County, Minnesota, legally described as set forth on Exhibit A ' which is attached hereto and incorporated herein by this reference (herein called the 'Property"); and WHEREAS, the Note and the Mortgage will be executed as a land development loan (herein called the "Loan'') for the sole purpose of financing the construction of certair improvements upon the Property- in exact accordance with the final engineering plans anc specifications prepared and furnished by Mortgagor to Lender and Title Company, and it the intention of the parties hereto that the proceeds of the Loan be disbursed and advar = age i of 9 as the construction of said improvements progresses. It is agreed and understood that the Property will not be the type of development designed as a Planned Unit Development. NOW, %iEtZFFORE, it is hereby understood and agreed by the parties hereto, as consid- eration for and, as a condition of the Loan, that prior to the Loan closing and prior to Waking any demands for payment from Title Company, Mortgagor shall: (a) deliver to Lender an ALTA policy issued by Title Co -pang insuring a marketable title to the Property in ':Mortgagor and the Mortgage as a valid first lien upon the Propert free and clear of any and all liens, encumbrances, Natters of survey, mechanics' liens and mechanics' lien claims, any violation of deed or governmental restrictions relating to the use or occupancy and any easements or encroachments except those acceptable to Lender. Sa title insurance policy shall contain a provision which insures the Mortgage against the lien of any and all special assessments pending at the time the Mortgage is closed; (b) deliver to Lender two (2) duplicate certified copies of the plat of Chestnut Ridge at NEAR MOUNTAIN 2nd ADDITION. These plats shall bear evidence that they have been approved by the City of Chanhassen and duly recorded with the County of Carver. If there any easements or encroachments which affect the Property, they must be such as are accepta to Lender; (c) deliver to Lender a complete set of the final en`ineeringla f_ plans and speci�icat_; on covering improvements to be made on the Property, duplicate executed copies of a sworn construction statement listing all costs to be incurred in the development of the Property a complete list of all contractors,, subcontractors and suppliers who will furnish labor aac material in the construction of said improvements, conies of all firm bids and contracts f: persons to perform such work or furnish such material together with the charges therefor, and a projected disbursement schedule showing on a monthly basis all projected disburse- ments, all of which shall be subject to approval and acceptance by Lender; (d) deliver to Lender a report on the results of soil tests conducted by Sathre- Bergquist, Inc., or another engineering firm acceptable to Lender, on the Property. Said report shall be subject to the approval of Lender; (e) deliver to Lender a letter from the City of Chanhassen directed to Lender stating that it will not require Mortgagor to submit an Environmental impact Statement to the Minnesota Environmental Quality Council; (f) deliver to Lender a certificate setting forth such information as may be reason- ably required to show compliance by Lender with the requirements set forth in 12 C.F.R. §563.9-3 regarding loans made to one borrower; (g) deliver to Lender a certified copy of a duly enacted corporate resolution authorizing the Loan, the granting of the ?Mortgage and setting forth the names(s) and title(s) of the officer(s) authorized to execute documents in connection therewith. Said resolution shall be in a.form- acceptable to Lender; and (h) deliver to -Lender evidence that all real estate taxes and special assessments due and payable on the Property including the first one-half (1/2) of the said taxes parable in 1984 are paid in full. Page 2 of 9 As consideration for, and as a further condition of the Loan, prior to making any demands for payment from Title Company, Mortgagor shall; (a) forthwith provide the necessary equity funds to pay in full the excess of the cost of the construction of the improvements as described in the final engineering plans and specifications over and above the loan proceeds available and said equity funds will be made available and shall be fully expended prior to the requisition of any of the loan proceeds. Mortgagor will supply Title Company and Lender with a lien waiver executed by the general contractor in a form satisfactory to Title company and Lender. Any equity funds expended by Mortgagor in the course of the construction of the improve- ments shall be supported by valid mechanic's lien waivers, which shall be delivered prior to the requisition of any of the Loan proceeds, and which shall be in a form satisfactory to Title Company and Lender. Mortgagor may disburse its equity funds but prior to the requisition of any of the mortgage proceeds Mortgagor must deliver to Title Company valid mechanics' lien waivers in a form satisfactory to Title Company and Lender evidencing, where applicable, receipt by the contractor, subcontractors or Fuppliers of the actual a -mount paid for the work and/or materials described in said waivers; and (b) provide Lender with evidence of insurance coverage as to workmen's compensation, multiple peril, public liability, and builder's risk, including vandalism and other coverages, in form and amount and from a company or companies acceptable to Lender; 'when Lender finds that all of the above requirements have been met, Lender will so advise Title Company. If Title Company is satisfied that the above requirements have been met, then Title Company shall ngtify 'Mortgagor and Lender that it is ready to make payments from the proceeds of the Loan in the following manner: (a) except for disbursements made to acquire title to the Property, Title Company shall not be obligated to make disbursements more than once in each calendar month and all such disbursements shall be made on the 15th day of the month (herein called the "Monthly Payout Date"). Mortgagor will, from time to time, reouest that Title Company make disbursements pursuant hereto on the Monthly Payout Date in accordance with the progress of the construction of the improvements. All of such requests shall be accompanied by a certification from the general contractor on a form acceptable to Title Company, stating the amount and nature of the work or labor performed or material furnished to that date. In addition, such certification shall name the subcontractors and materialmen or other persons who have performed such work or furnished such material_ Further, prior to each disbursement'of Loan proceeds, Mortgagor shall furnish to Lender at Mortgagor's expense a certificate from Satire-Perovuist Inc., or another engineering firm acceptable to Lender, addressed to Lender, the City of Chanhassen and Title Company_ stating that the quality of workmanship and the stage of construction are in accordance with the final engineering plans and specifications submitted to Lender. If it is intended that the disbursement be made directly to the general contractor, there will be presented therewith lien waivers from each of the named subcontractors, suppliers or other persons in an zmount equal to the portion of the requested draw intended for them. Otherwise the requested disbursement will be made by Title Comnany directly to such subcontractors, suppliers or other persons. All of said lien waivers and certifica- tions shall be in actual dollar amounts and shall be in a form acceptable to Title Company; and Page 3 of 9 1 (b) such requests shall be submitted as aforesaid to Title Comrany at least five +business days prior to the Monthly Payout Date and Title Company, the City of Chanhassen and Lender will then have not more than five business days to satisfy themselves as to the progress of said construction or the delivery of materials. If such disbursement is not in order, Title Company shall promptly notify the parties hereto of its reason(s) for refusing disbursement. Title Company shall disburse, subject to the provisions of this Agreement, the amount requested or such lesser amount as it deems appropriate based on and in accordance with the progress of construction of the improvements: provided, however, if Title Company is satisfied that a disbursement is to be made in accordance with the terms of this Agreement, it shall so notify Lender on or before the fourth of said five business days so that the necessary funds will be available to Title Company for disbursement on or before the fifth business day; and, Title Company shall then disburse on the Monthly Payout Date. It is agreed bhat Mortgagor will give Lender and Title Company notice of the com- pletion of the improvements in order that Lender and Title Company may inspect the same and determine that the same are satisfactory. At.the tiWe of the final payout of the Loan proceeds, Mortgagor shall furnish to Lender and Title Company certificates from the general contractor and Sathre-sergauist� Inc., or another engineering firm acceptable to Lender, stating that the improvements were constructed according to the final engin- eering plans and specifications on file with Lender and that the same are fully completed in a good and workmanlike manner. Mortgagor further agrees that Lender has the right during the construction of the improvements to inspect the work and the materials and if Lender or Title Company finds at any time that said improvements have not been completed, or that the improvements are not being constructed or were not constructed according to said engineering plans and specifications, or that said improvements are not being con - strutted or were not constructed partially or wholly in a good and workmanlike manner, then all undisbursed funds in the hands of Title Company or Lender shall be withheld until all of the conditions of this Agreement have been complied with by Mortgagor. The Title Company shall continue to make such disbursements in accordance with the procedures and conditions set forth herein until the improvements have been fully completes If during construction or prior to the final disburserent of the Loan proceeds, t:,e Property is made the subject of condemnation proceedings, Lender and Title Company are authorized to withold any further pay-ments until an equitable agreement with Mortgagor is reached. Page 4 of 9 IT IS cu_r,ic .D UNDERSTOOD -STD AGREED, that in addition to the conditions set fort] above, the disbursement of the Loan proceeds will be subject to the following -general terns and provisions: (a) Mortgagor shall, when due or as agreed, pay to Lender all loan costs and ch< payments of interest and principal, taxes and insurance, as required by this Agreement Mortgagor shall pay to Title Company when due its charges for services rendered hereur for its ALTA title policy and its charges for handling the disbursement of the Loan proceeds; (b) once construction has co=enced, Mortgagor shall continue the construction of the said improvements and with due dispatch and diligence shall proceed to complete the improvements in a good and workmanlike manner and in accordance with the final engineei plans and specifications on file with Lender. It is agreed that the development of the Property shall commence within a period of not more than thirty (30) days following execution of the Mortgage and that it will be completed on or before the maturity date forth in the Note. It is further agreed that no funds shall be paid from the Loan proc after the maturity date set forth in the Note. Additionally, it is agreed that, within period of not more than nine (9) months following the execution of the Mortgage, constr Lion of a -single family dwelling shall begin on -the Property and further that all struc ores included in the development shall -be started within a period of not more than five years following the execution of the Mortgage; (c) Mortgagor agrees that it will not, during the life of this Agreement or duri the life of the lortgage, create or suffer any additional lien or encumbrance on the Property, except construction loans for new homes, without the prior written consent o Lender; (d) Mortgagor agrees that it will not make or permit any changes variations, omi ions or additions to the final engineering plans and specifications without first pre— senting to Lender and Title Company evidence of the increase or decrease in costs resu ing from such changes and without obtaining the prior written consent of Lender and Ti Company to such changes; (e) '-Mortgagor agrees that it will at no time, except for reasons beyond its coast permit abandonment or delay in the construction of the improvements, and that it ,.;ill f orthwith remove or discharge any contractor or subcontractor and will cooperate with Lender in every way, in the removal or discharge of any contractor or subcontractor whi is not diligently proceeding with the work assigned to such contractor or subcontracto• Any replacement contractor or subcontractor and his bid or contract must be approved b' Lender and Title Company; (f) Mortgagor agrees that in the event that construction ceases without good cau! Lender shall have the right at Lender's option, without any obligation on the part of Lender to do so, to enter onto the Property and engage such persons as - may be needed tc complete the improvements or to protect the improvements from depravation, and all amo, expended for such purposes shall be for the account of Mortgagor and such sums and any additional sums needed shall, be added to the debt evidenced by the Note and secured by Mortgage and shall bear interest thereon at the rate, of interest set forth therein; Page 5 of 9 (g) during the construction of the improvements, Mortgagor agrees to pay interest on the dates specified in the Note on the funds advanced from time to time pursuant to this Agreement at the rate specified in the Note from the date of advancement; for purposes of this Agreement, the date of advancement shall be the date upon which the funds are delivered by Lender to Title Company as herein provided. In case of partial repayments or prepayments of principal during construction of the improvements or there- after, Lender shall compute the interest as aforesaid through the date on which any partial repayment or prepayment of principal is made on the principal balance of the Loan then outstanding; Lender shall then deduct from said principal balance then outstanding the amount of such partial repayment or prepayment and shall compute interest on the principal balance so reduced to the next repayment or prepayment date, or the next interest date specified in the Note, whichever is first; (h) Lender agrees to release individual lots from the Mortgage upon payment by Mortgagor to it of the release price for the lot released as set forth on Exhibit B which is attached hereto and incorporated herein bythis reference; W until the Loan is paid in full, 'Mortgagor shall furnish Lender copies of its balance sheet and profit and loss statements within three (3) months after the close of each of its fiscal years; (j) no part of the Loan proceeds shall be used or disbursed for the purpose of paying to Lender any interest due on the Loan, until all improvements as described in the final engineering plans and specifications have been completed and paid for, to the satisfaction of Lender and the City of Chanhassen, or an escrow is established to cover the completion of the same in an amount and on terms satisfactory to Lender, Title Company, and the City of Chanhassen; (k) Mortgagor shall submit evidence to Lender that it has, out of its own funds, provided the City of Chanhassen a performance bond covering all improvements as may be required by the City; or, if the City is willing to sign and deliver to Lender a letter in the form hereto attached as Exhibit C and incorporated herein by this reference, Mortgagor agrees to sign the consent attached to said letter. After Mortgagor notifies Lender that the City and Mortgagor are willing to sign Exhibit C, with the blanks properly filled in, Lender agrees to sign and deliver to the City a letter in the form hereto attached as Exhibit D and incorporated herein by this reference, and Mortgagor agrees to sign the consent attached to said letter, which letter shall have the blanks properly filled in by Lender. Upon receipt of both letters properly executed, Title Company agrees to follow the payment procedure provided for in said letters; (1) the "Mortgage shall be of record prior to the commencement of work on the Property and prior to the delivery of materials to the Property or Title Company_ shall agree to insure Lender against lien claims by reason of Mortgagor's early start; (m) Mortgagor shall pav all installments of real estate taxes when due and shall prepay any special assessments when levied or as an alternative to prepayment of special assessments, obtain an endorsement to the ALTA title insurance policy which shall insure Lender against the lien of said assessments; (n) Mortgagor has, and hereby accepts, the sole responsibility for the selection of its own contractors and subcontractors, all materials, supplies and equipment to be used in construction, according to the final engineering plans and specifications and for the contract price set forth in.the sworn construction statement, and Lender assumes no responsibility therefore. In the event that the funds on hand are insufficient to complete the same in accordance with the final engineering plans and specifications, plus any agreed extras, Mo rtgagor shall deposit and hereby agrees to deposit such additional funds with Title Company as may be necessary to complete the improvements in accordance Page 6 of 9 with the final engineering plans and specifications, plus any extras authorized by it and agreed to by Lender; and (o) Mortgagor agrees that at any time Lender and Title Company deem it to be necess• ary, Lender is authorized to fill in -the recording data of the Mortgage in this instru- ment and to record this instrument in the office of the Registrar of Titles in and for Carver County, Minnesota. This instrument is the Construction Loan Agreement referred to in the Mortgage, which Mortgage secures a debt in the original principal amount of $297,000.00 as evidenced by and the terms of which are set forth in the Note, and which Mortgage was given by Lundgren Bros. Construction, Inc., as Mortgagor, to First Federal Savings and Loan Association of Minneapolis, as Mortgagee, dated June 7 1984, and recorded as follows: In the office of the Registrar of Titles in and for Carver County, Minnesota, on , 19 84 , as Document :lumber 0 covering the ?roaerty as legally described on Exhibit A hereto. IT IS FURTHER LNIDERST00D AND AGREED, that a breach of any of the conditions, terms c provisions ereof, shall be considered a default under the Note and Mortgage and such default shall operate to accelerate the debt evidenced by the Note and secured by the Mortgage in accordance with the terms of the Note and Mortgage, and Lender shall be relieved of the obligation to make any further advances; provided, however, that Lender at its option may elect to disregard any such default, such election, however, shall in no way abridge or prejudice the right of Lender to later elect to exercise the remedies provided herein and in the ?Tote and Mortgage for the same default, a similar default or a subsequent default. IN TESTIMONY WHEREOF, Lundgren Bros. Construction, Inc., First Federal Savings and Loan Association of Minneapolis, and Title Insurance Company of Minnesota have cause these presents to be executed by their duly authorized officers and their corporate seals, if any, to be hereto attached the date and year as set forth below. ?age of 9 LILWDGREE�N ROS. CO;:STR'6CT102y, INC. �-D By : G), Peter Pflaum its President Dated } J-L.ne 7 . 1984 STATE Or uTi-IT, '-E SOTA COLN-fY Or „7N-N-PPIN TITLE INSLTPA;xCE CO'Tc.N-' Or Hl-N'NESOTA sy:� Its Dated June 7 FIRST F==Rai 5'X,'T IGS A'TD LOAR' ssoc7 Tlo; o VT _-Po1�IS Its Sr. Vice PresidzZt Bv - Its , 19 84- Dated Jtine 7 f 19 :he -orejc2 is 1nSt-',:lent " as 2c'tinO� ie:'= Q 7EI0re me t„S /th : cV Of - June 1984, by Peter Pflaum, _-esi�Ent of ?;;ndg-en arcs. Ccnst--ct�on, Inc., a Hinnesota corrOrat-on, On UCnalf of the co_Do7aL_on. DOROTHY HAHN NOTARY PUBLIC . MINNESOTA HENNEPIN COUNTY If0m, Commission Expires Mar. 16, 1990 x x STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 7th day of June , 1984, by Robert E. Dibble , the Sr. Vice President and Edward J. Schoenecker , the Assitant Vice President , of First Federal Savings and Loan Association of Minneapolis, a United States of America corporation, on behalf of the corporation. +e ` S OOROTHY HAHN STATE OF MINNESOTA NOTARY PUBLIC, MINNESt1TA HENNEPIN COUNTY COUNTY OF HENNEPIN x My Commission Expires Mar. 16,1990 X The foregoing instrument was ackno-wledge d before me this 7th day of June , 1984, by /l/p/�/�i'f>t� ✓IJ�iLJSU� of Title Insurance Company of Minnesota, a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT WAS PREPARED 3Y: First Federal Savings and Loan Association of Minneapolis 77 South 7th Street Minneapolis, MN 55402 r � DOROTHY HAHN NOTARY PUBLIC . MINNESOTA . HENNEPIN COUNTY My Commission Expires Mar. 16, 1990 x " ?aye 9 of 9 w rY-?IBIT A Legal Description Lots One (1) through Nineteen (19), Block One, Chestnut Ridge at Near Mountain 2nd .'addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Carver County, Minnesota. E)=BIT B Partial Release Schedule for Near *fountain 2nd Addition Block 1 Lot 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17• 18 19 $ 17,000 17,000 17,000 17,000 17,000 17,000 17,000 18,000 18,000 17,000 17,000 18,000 18,000 18,000 18,000 17,000 17,000 17,000 18,000 City of Chanhassen 690 Coulter Street Chanhassen, Minnesota 55317 June 4, 1984 Title Insurance Company of Minnesota, Inc. 400 Second Avenue South Minneapolis, Minnesota 55401 Attention: Judy Hermanson First Federal Savings and Loan Association of Minneapolis 77 South Seventh Street Minneapolis, Minnesota 55402 Attention: Dorothy Hahn Re: Lundgren Bros. Construction, Inc.; CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION Ladies: This letter addresses the operating procedures under which the City of Chanhassen (herein "City") will authorize disbursements pursuant to the agree- ment between Chanhassen, First Federal Savings and Loan Association of Min- neapolis (herein "Lender") and Lundgren Bros. Construction, Inc. (herein "Developer") described in the letter from First Federal and Lundgren to Chan- hassen dated June Z_, 1984 (herein "the letter in lieu of bond"). 1. Chanhassen will rely upon the certifications of Schoell & Madson, Inc. (herein "Private Engineer"), addressed to Lender, Title Insur- ance Company of Minnesota, Inc. (herein "Disbursing Agent") and City (each such certification setting forth the quality of workmanship, stage of construction according to the plans and specifications, and certifying the work then completed to date in terms of actual dollar amounts, all as per the Construction Loan Agreement executed contem- poraneously with the letter in lieu of bond). This letter hereby authori.zes Private Engineer, subject to the conditions set forth in Paragraph 2 herein, to certify on behalf of City work completed to date and disbursements by Disbursing Agent of Lender's loan proceeds payable therefor. seam a � +� � � � �• �, Title Insurance Company of Minnesota, Inc. First Federal Savings and Loan Association of Minnesota June 9 , 1984 Page Two 2. Each such certification by Private Engineer under Paragraph 1 above shall be mailed or hand delivered to Lender, Disbursing Agent and City on the same day. City shall have five working days from the date of the postmark on, or the date of acknowledgement of hand delivery of, such certification, to perform its own independent inspection (if City so elects) and to object in writing to such certification. Such objection in writing shall be mailed or hand delivered to Disbursing Agent, Lender and Developer and such ob- jection shall be postmarked, or receipt of hand delivery acknow- ledged, on or before the fifth working day from the date of mailing or hand delivery of such certification as aforesaid. In the event City so delivers a written objection to such certification,.Dis- bursing Agent and Lender shall not disburse any portion of the funds to which objection is raised without the written consent of City. City, in any such written objection, shall state clearly which work it objects to, and which work it has approved, to date, and for which payment is otherwise authorized. In the event Lender and Disbursing Agent have not received written ojection to a certification by City in the manner aforesaid, Lender and Disbursing Agent may rely upon such certification to disburse sums described in the letter in lieu of bond, provided that no more than 90% of the sums so certified are thereby disbursed, and that 10% of such sums are retained until the final inspection pursuant to Paragraph 4 below. 3. City reserves the right to suspend or to terminate the authorization described in Paragraph 1 above at any time by delivering personally or by mailing by certified mail, return receipt requested, written notice to Developer, Disbursing Agent and Lender to such effect. Any such suspension or termination shall be prospective only, and shall not affect any certification issued by Private Engineer prior to such suspension or termination by City. If City does suspend or terminate the authorization described in Paragraph 1 above, City agrees that, upon request therefor by either Developer, Disbursing Agent or Lender, City will promptly make the inspection, and certify to Lender and to Disbursing Agent that the work completed and the amount to be paid out are acceptable to.City. Nothing contained in this para- graph, however, shall be deemed to waive City's right to indepen- dently inspect and certify work prior to any payment being made therefor pursuant to this letter of undertaking. 4. Any language herein to the contrary notwithstanding, this letter shall not constitute authorization to Private Engineer to act on City's behalf in making the final inspection of the completed work as provided under the Planned Residential Development Contract between Developer and City dated September 21, 1983 as twice amended. Said t Title Insurance Company of Minnesota, Inc. First Federal Savings and Loan Association of Minneapolis June & , 1984 Page Tree final inspection shall be made by the Chanhassen City Engineer as specified in said contract. In any inspection the City Engineer may object to defects in the work which may have been overlooked in previous inspections by the Private Engineer or by.the City Engineer. The fact that the City may have authorized payments for defective work shall not be deemed a waiver of the City's right to demand that the work be corrected. Very truly yours, CITY OF CHANHASSEN (1-1 B y �._e` ' Its 6? Z2/161 CONSENT Lundgren Bros. Construction, Inc. hereby consents to the provisions of the foregoing letter and agrees that said letter does not modify or restrict the authorization granted by the undersigned in its letter in lieu of bond, ad- dressed to the City of Chanhassen and signed by the undersigned and the First Federal Savings and Loan Association of Minneapolis, including particularly, and without limiting the generality of the foregoing, Paragraph 4 thereof. LUNDGREN BROS. CONSTRUCTION, INC. Dated: June , 1984 B3 June 7, 1984 City of Chanhassen 690 Coulter Street Chanhassen, Minnesota 55317 Re: CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION Gentlemen: This letter is given in lieu of the bond normally required by the City of Chanhassen (the "City") to secure completion of residential subdivision improvements. Lundgren Bros. Construction, Inc. (the "Developer") is the developer of CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION, Carver County, Minnesota. On , 1984 the Developer executed a Promissory Note, a Mortgage an a onstruction Loan Agreement with First Federal Savings and Loan Association of Minneapolis ("Lender") in the amount of $297,000.00 of which $ (the "Subdivision Improvement Amount") is earmarked to pay for the cost o& the residential subdivision improvements in CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION required by the September 21, 1983 Planned Residential Development Contract between the Developer and the City, as revised by an addendum dated September 21, 1983 and by a second addendum dated 1984. 1. The disbursement of all funds from the proceeds of said loan shall be made by Lender through Title Insurance Company of Minnesota (the "Disbursing Agent"). The disbursement of the Subdivision Improvement Amount shall be made only pursuant to the terms of this letter. 2. In the ordinary course, disbursements of the Subdivision Improve- ment Amount shall be made upon the joint authorization of the Lender and the City to the Disbursing Agent. 3. If the Developer fails to perform its obligations under the Planned Residential Development Contract after 30 days written notice of default given by the City (or without notice, if the default occurs within 30 days of the expiration date of this letter agreement), disbursements of the Subdivision Improvement Amount shall be made upon the individual authori- zation of the City addressed to the Lender and the Disbursing Agent, signed by the Mayor or Clerk of the City, and accompanied by a statement signed on behalf of the City stating that the Developer has failed to perform its obligations under the Planned Residential Development Contract and speci- fying the terms -of noncompliance with said contract. 4. The Developer hereby consents in advance to the disbursement of the Subdivision Improvement Amount pursuant to the terms of this letter. F: , " City of Chanhassen June % , 1984 Page Two 5. The Lender's liability to disburse funds pursuant to this letter agreement shall not be affected by the bankruptcy, insolvency or financial situation of the Developer at the time disbursement requests are made. 6. If the costs of completing the Planned Residential Development Contract exceeds the Subdivision Improvement Amount, the Lender shall be under no obligation to disburse funds for such work in excess of said amount. 7. This letter agreement shall expire five years from date hereof. FIRST FEDERAL SAVINGS AND LOAN ASSOCI ON OF MINNEAPOLIS p t,� By � is LUNDG,nBROS.tGGTTRUCTION, INC. By �. s zi REGULAR CHANHASSEN C ( COUNCIL MEETING MAY 7, 1984 _ Acting Mayor Geving called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present .Councilman Horn, Councilwoman Watson, Councilwoman Swenson Mayor Hamilton came late Staff Present Don Ashworth, Bill Monk, Scott Martin Lori Sietsema, Park and Recreation Intern APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as presented with the additions of 201 Program and Zamor Resolution. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, and Councilman Horn. No nega- tive votes. Motion carried. CONSENT AGENDA: The following items were removed from the Consent Agenda: d. First Reading of Sewer and Water Ordinances. i. Approve Standard Form Development Contracts for Owner and Municipal Installation of Improvements. Councilwoman Swenson moved to approve the consent agenda pursuant to the City Manager's recommendations: a. Zoning Ordinance Amendment Request to Allow for Commercial Stables and Riding Academies in the R-lA District as Conditional Use, First Reading. b. Final Plat Review, Hillside Oaks. c. Municipal Improvements Policy, Consultants. e. Re -certification of Assessments for Tax Forfeiture Property, Public Hearing June 4, 1984. f. Approve Plans and Specifications for Lake Susan Park Landscaping Plan. g. Fireworks Display Permit, July 4th, William Naegele. h. Resolution Approving Issuance of Duplicate Bond Coupons. RESOLUTION #84-22. j. Final Plat Review, Chestnut -Ridge at Near Mountain, Lundgren Bros. Construction, Inc. 0,z,',0l kt'or Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, and Councilman Horn. No negative votes. Motion carried. PUBLIC HEARING, LANDFILL SITES: Al Klingelhutz reminded Council members that a public meeting will be held May 17th at 7:30 p.m. on the Landfill Sites in Carver County. CARVER COUNTY DEPUTY ASSESSOR, SCOTT WINTERS: Don Ashworth introduced Scott Winters to the Council. He is assigned to Chanhassen. Mayor Hamilton came at this point in the meeting. WAlfI TOPOLITA conTROL y T COfTlmiffion Twin Cities Area May 21, 1984 Mr. William Monk Engineer City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: Chestnut Ridge at Near Mountain 2nd, 3rd, and 4th Additions Dear Mr. Monk: The Metropolitan Waste Control Commission has reviewed your application for a sanitary sewer extension for Chestnut Ridge at Near Mountain 2nd, 3rd, and 4th Additions. 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 CSP and inform the Minnesota Pollution Control Agency that we have.no objections to the installation of these facilities. Sincerely, R. A. Odde Community Services Manager cc: Metro Council Don Perwien, MPCA RECEIVED 350 METRO fOUARE BLDG. MAY 2 2 1984 7TH & ROBERTlTREET! lAInT PAUL i22222 551.64Go612CM OF CHANHASSEN n recycled 4r CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 5, 1985 Mr. Peter Pflaum Near Mountain Partnership I 935 E. Wayzata Boulevard Wayzata, MN 55391 Dear Mr. Pflaum: This is to formally notify you that the City Council at the April 1, 1985 meeting approved your final plat request for Chestnut Ridge at Near Mountain 5th Addition subject to the following con- ditions: 1. Continuation of the berm along the south boundary of Lots 1-5, Block 1 and Lot 1, Block 2. 2. A 25 foot front setback and a 10 foot side setback. 3. Approval of improvement plans and specifications. Please submit two hardshells and two mylars of the final plat for city review and signatures. Please feel free to contact me if you have any questions. S' erely zo Barbara Dacy City Planner BD:v SCANNED CITY OFCHANHASSEN -� W Aco 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Endorsed 1� MEMORANDUM Modified Rejected_ Date ____ T0: Don Ashworth, City Manager Date Submitted to Commission FROM: Bob Waibel, City Planner Datemw_Lo-u DATE: May 1, 1984 - SUBJ: Final Plat Review, Chestnut Ridge at Near Mountain, Lundgren Brothers Construction, Inc. PLANNING CASE: 79-2 PUD Attached for City Council approval are the Development Contract Second Addendum and four Final Plats for separate phases of Chestnut Ridge at Near Mountain. A master plan of the Near Mountain development is also attached for reference in locating each phase/addition in the project. (Phasing plans are con- sistent with previous approvals by the City.) There are two issues regarding this approval which need to be brought to Council attention at this time. These involve the need for dedication of 17 feet of additional right-of-way along TH 101 and a revision of the legal description for the portion of Cascade Pass which is to be vacated. The final plat for Chestnut Ridge at Near Mountain 2nd Addition does not reflect the City Council condition for an additional 17 feet of right-of-way to be dedicated along Highway 101. A revised final plat containing this dedication will i;— available at Monday night's City Council meeting. The attached letter of April 27, 1984 from Mr. Hugh M. Maynard notes that a minor change in the legal description for the por- tion of Cascade Pass which is to vacated is needed. Staff finds this change appropriate. The Council should act to authorize the Mayor and City Manager to sign the final plat for Near Mountain PRD on behalf of the City provided that the applicable performance sureties for public improvements have been submitted to and approved by the City Engineer, and provided that the above issues have been satisfac- torily resolved. LUnDGR(n ONSTRUCTION BROi 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 May 1, 1984 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Bob: Enclosed are two signed City of Chanhassen Residential Contract Second Addendum Near Mountain Properties. Sincerely, LUNDGRE BROS. CONSTRUCTION, INC. 4. Peter Pflaum President PP/pm CITY OF CHANlHASSEN EMIR 9;17 COMMUNITY DEVELOPMENT DEP' CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 11, 1984 Mr. Peter Pflaum Lundgren Brothers Construction Company 935 East Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Pflaum: As you are aware, on May 7th the City Council acted to approve the final plats for Chestnut Ridge at Near Mountain First, Second, Third and Fourth Additions. The plat for the First Addition will be signed as soon as -it is submitted, however, the other three plats must be accompanied by financial guarantees as specified in the approved development contract. - Should you have any questions on this matter, please let me know. Sincerely, William Monk City Engineer WM:k sc,"NED 3-6-84 CITY OF CHANHASSEN RESIDENTIAL CONTRACT SECOND ADDENDUM NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this day of , 1984 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 proposed street and property line alignments and include an approximate 6 acre parcel in the northwest corner of the intersection of Highway 101 and Pleasant View Road within the project area. The Planning Commission duly held a public hearing on February 8, 1984 on the Final Development Plan Amendment application. Thereafter, the City Council on February 27, 1984 granted Final Development Plan Amendment approval. All said approvals being subject to the applicable terms and con- ditions of original agreements 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. That the developer dedicate 17 feet of right-of-way along the west side of Trunk Highway 101 with said dedication to extend 492 feet northward of the intersection of Pleasant View Road and Trunk Highway 101. G 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 .J BY: Its: By: Its: CITY OF CHANHASSEN By: Its: Mayor By: Its: Citv Manaaer STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of 19 before me, a notary public within and for sgid County, persona ly appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the „ '� ,.j, e, 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. saao+►� MARGARET D. DOL AN t!'po .. NOTARY PUBLIC — H!INNEr-OTA Fir_ 4EPIN COUNT'. 9 : = My Commission Expima Nov. 3, i STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) Not rye ublic 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 �T r. Al 1 � -� �•VK -IF �' s _1d t' ► rim 3-6-84 CITY OF CHANHASSEN RESIDENTIAL CONTRACT SECOND ADDENDUM NEAR MOUNTAIN PROPERTIES THIS AGREEMENT, made and entered into this. A, 64 day of flt.—e' , 1984 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 proposed street and property line alignments and include an approximate 6 acre parcel in the northwest corner of the intersection of Highway 101 and Pleasant View Road within the project area. The Planning Commission duly held a public hearing on February 8, 1984 on the Final Development Plan Amendment application. Thereafter, the City Council on February 27, 1984 granted Final Development Plan Amendment approval. All said approvals being subject to the applicable terms and con- ditions of original agreements 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. That the developer dedicate 17 feet of right-of-way along the west side of Trunk Highway 101 with said dedication to extend 492 feet northward of the intersection of Pleasant View Road and Trunk Highway 101. SCANNED IN WITNESSETH WHEREOF, the parties hereto have caused these presence to be executed on the day and year first above written. NEAR 14OUNTAIN LIMITED PARTNERSHIP I By: Its:— By: Its: CITY OF CHANHASSEN BY: Its: -Mayor By: r,� gI - - a,-S Its: City Manager STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this �_ day of , 19,E , before me, a notary publi.9 within and for s,iid County, personally appeared A.<z4l'f"�-and to me personally known, who, being, each by, me, duly sworn did say that they are respectively the �!�y�`.�.fp,f` /='c�- r,.• 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. Poo .�.?�s. w.:.. MARGARET D. COL AN'. F out�q,�k} NOTARY PUBLIC — MtNN SOT^ r' a$ i gy Commission Expires Nov. 3. 19ed 4-,I,;I..".� STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) Notary Pblic On this %/�`' day of 7)z (cam 19EY, 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 eublicj KAREN J. ENCEROT s.raNOTARY r+TA j} t1�1 CAP i t ;Gi)i�TY ',.`. My commr_..._ : ..;gyres )C1. 11 1960 g2i .�r.F::vad�smt sAs�,�.w,N Council Meeting February 27, 1984 �2_ R-E-Z-ONING, SUBDIVISION Aft 'SITE PLAN, SUNNYBROOK DEV JPMENT GROUP: The City Attorney recommended that the Council action not include the rezoning. Action on the rezoning should occur at the time that the plat is presented. Councilwoman Watson moved to approve the site plan -and preliminary plat for the Sunnybrook Development Group. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. APPLICATION FOR INDUSTRIAL REVENUE BONDS, SUNNYBROOK DEVELOPMENT GROUP: RESOLUTION#84-08: Councilman Horn moved the adoption of a preliminary resolution subject to the condition that the bonds be privately placed and that all requirements of City Resolution #81-07 be met prior to approval of a final resolution authorizing the issuance of the bonds. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. PUBLIC HEARING NEAR MOUNTAIN FINAL DEVELOPMENT PLAN AMENDMENT STREET AND EASEMENT VACATION REQUESTS Mayor Hamilton called the hearing to order with the following interested persons present: Peter Pflaum, 18070 Breezy Point Road, Wayzata Rick Denman, Lundgren Bros. Const. Dennis Mulvey, 935 E. Wayzata Blvd. Rick Sathre, Sathre-Bergquist, Inc. There being no further comment from the public, Councilwoman Swenson moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN AMENDMENT, STREET AND EASEMENT VACATION, NEAR MOUNTAIN: RESOLUTION #84-09: Councilwoman Swenson moved the adoption of a resolution to accept the final development plan amendment, street and easement vaca- tion for Near Mountain PRD, Lundgren Bros. as depicted on the Sathre-Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre-Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. MINUTES: Councilwoman Swenson moved to note the February 8, 1984, Planning Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative votes. Motion carried. SUBDIVISION AND VARIANCE REQUEST, 1381 LAKE LUCY ROAD, TED COEY: Al Klingelhutz and Ted Coey were present. Mayor Hamilton - I wanted clarification from the staff on two items. The applicant record the proposed subdivision in the form of a plat. If I can have some clarification on that, and the building plans for the proposed homes on Parcels A and B be certified by a registered architect or engineer. -r Planning Commission Minutes February 8, 1984 Page 2 surveyor felt that it was the best layout for the property and also that a metes and bounds description was just as good as RLS or lots and blocks. Mr. Happe also stated that he will get percolation tests done when the snow melts. Waibel stated that Mr. Happe would have to submit the request to build the home in the middle of parcel 2 to the Board of Adjustments and Appeals for a variance at the time a building permit is taken out. S. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. The Commissioners wanted to know how if the City would be liable for failing septic systems. They felt they could not make a recommendation because there were no percolation tests done. They noted that there were 5 variances to be dealt with on the sub- division. M. Thompson moved, seconded by J. Thompson that the Planning Commission deny the request based on there being 5 variances requested., 201 study results were "marginal to failing" on the existing septic system and that the applicant wants to record the property in metes and bounds. J. Thompson, S. Albee, B. Ryan and M. Thompson voted in favor. L. Conrad voted nay. Motion carried. *On February 22, 1984 the Planning Commission added the following statement to the above recommendation, "Commissioners J. Thompson and Albee stated that they are still unhappy about the allowing of 21 acre subdivisions in the unsewered areas." Final Development Plan Amendment, Street and Easement Vacation Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing. Public Present Rick Denman Lundgren Brothers Sherman Goldberg Lundgren Brothers Dennis Mulvey Lundgren Brothers Peter Pflaum Lundgren Brothers Nancy Osgood 745 Pleasant View Road Alan Kramer 531 Indian Hill Road Waibel stated that the request is for final plan amendment and street and utility easement vacation approval for the Near Mountain P.R.D. He noted that in review of this request a discrepancy in the number of units was discovered. Apparently the preliminary plat showed only 134 family units as opposed to the previously approved 144 units. The amendment request is an increase in pro- ject area from 147 acres to 153 acres and a denisty increase of .07 units per acre. He stated that staff finds that the reduced average lot size is minor as well as the overall project density Planning Commission Minutes February 8, 1984 Page 3 change of 1.94 to 2.01 units per acre. He stated that the pro— posed gross density is .2 units below the minimum density prescribed in the Comprehensive Plan which states the low density residential areas shall have a density range of 2.2 to 3.4 units per acre. Waibel stated that the City Engineer indicated that the street and easement vacations are of no detriment to the City and result in overall improvement to the plan. The applicants had a slide presentation and were available to any answer questions. J. Thompson moved, seconded by B. Ryan to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by S. Albee that the Planning Commission recommends approval of the Final Development Plan Amendment and street and utility easaement vacations as depicted on the Sathre Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor. M. Thompson abstained. Motion carried. Subdivision Variance Sketch Plan Review, Northeast and Northwest Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd. 18, Brian and Neil Klingelhutz. Waibel stated that this is a sketch plan review to subdivide 10 detached single family residential unsewered lots. The property has moderate to severe slope conditions which require the pro- perty to have four accesses, two of which are onto Co. Rd. 17 and two onto Co. Rd. 18. The County and City Engineers conclude that due to the slope limitations of the property, the accesses as proposed are probably acceptable, however, no additional future accesses should be allowed. Waibel noted that the preliminary plat must demonstrate that future building sites will be designed to allow for site con- ditions proper for home construction, driveway access, and pri- vated septic system, drainfield and well installation according to the City Engineer and the Soil Conservation Service. After review of the sketch plan the Commissioners encouraged the applicants to prepare the preliminary plat with the following suggestions: Q` -ebru�" 8, t984 ALBC.1 C HER el uG , Minnegauo January 31, 1984 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Mn 55317 Re: Final Plan Amendment, Near Mountain Dear Mr. Waibel: Enclosed are plans of the Near Mountain subdivision with our facilities shown in red. Also enclosed is a plan for a main extention into the area. The location shown on the plan are informational only and should not be used for construction. If the developer desires to have additional gas service in the area, he should make early application with our sales department (Tom Kral 544-0108) . Sincerely, Richard J. Pilon, P.E. Supervising Engineer System Design /lk A Company of Diversified Energies, Inc. 201 South Seventh Street, Minneapolis, Minnesota 55402 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by City Administrator Endorsed_ STAFF REPORT Modified Rejected TO: Chanhassen Planning Commission Date Date Submitted t0 Commissinrt FROM: Bob Waibel, City Planner /o ' Submitted to Council DATE: January 31, 1984 A z_ J /ty SUBJ: Final Development Plan Amendment, Street and Easement Vacation Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing. PLANNING CASE: 79-2 P.U.D. GENERAL INFORMATION Applicant Lundgren Brothers Construction, Inc. 935 East Wayzata Blvd. Wayzata, MN 55391 Status of Applicant Owner/developer. Requested Action Final development plan amendment, and street and easement vacation approval. Purpose To incorporate the approximate 6 acre Ame.cian Lutheran Church parcel located in the northwest corner of the intersection of T.H. 101 and Pleasant View Road into the project plat; to rearrange some of the previouly approved and/or platted property lines in the east/central portion of the project; to vacate certain dedicated street right-of-way and lot line ease- ments. Existing Zoning P-1, Planned Residential Development. Location Southwest corner of the intersection of Townline Road and T.H. 101. Size Previous project area - 147 acres. Proposed project area - 153 acres. Staff Report January 31, 1984 Page 2 Existing Land Use Adjacent Land Use 1990 Land Use Plan a. Land Use b. Transportation Zoning History Applicable Regulations Agricultural, vacant land. (Northwesterly most 20 + acres pre- sently under construction for resi- dential development.) North: (Minnetonka) Single family detached; zoned R-1. South: Single family detached; zoned R-1. East: (Eden Prairie) Planned low density residential. West: Agricultural; zoned P-1. The property for which the present plan amendment request is proposed is designated for low density resi- dential development. The streets in and around the Near Mountain P.R.D., with the exception of T.H. 101, are designated as local streets. T.H. 101 is designated as collector. February, 1972: The property was zoned R-lA, Agricultural Residence District as part of the adoption of Zoning Ordinance 47. May, 1981: The property was rezoned 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 tracts, 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 sub- mission of its recommendations to the City Council. Staff Report January 31, 1984 Page 3 Applicable Regulations (continued) SPECIAL INFORMATION Public Utilities Referral Agency Review Minnesota Statutes 462.358 requires the City Council to publish and hold a public hearing for vacation of streets and easements. Action may be taken only upon receipt of writ- ten recommendation from the Planning Commission and City Engineer whether a vacation(s) is of no detriment to the City. Installation of street, sewer and wate public improvements is presently under way in the east central portion of the property. The provision of public improvements to the remainder of the project has been demonstrated in pre- vious project engineering data. The present plan amendment and street and easement vacations have no detrimental impact on existing or proposed public improvements. No comments received as of writing this report. ANALYSIS The request is for final plan amendment and street and utility ease- ment vacation approval for the Near Mountain P.R.D. In review of this request an apparently significant matter of plan review history has come to surface. An attempt to describe these circumstances goes as follows. On November 19, 1979 the City approved a Preliminary Development Plan for 120 condominiums, 144 single family and 36 quadraminiums units totaling 300 units for the Near Mountain Project at a gross density of 2.04 units per acre. On May 11, 1981 the City approved the current Final Development Plan (see attached preliminary plat prepared by Schoell and Madson) which showed only 134 single family units as opposed to the previously approved 144 units. The applicant has indicated that apparently this ,loss of ten units went unnoticed by them at the time of final plan approval since they had always felt that the density was quite low and never saw the need for a voluntary reduction in units for their pur- poses. This circumstance is somewhat further affirmed by the City records of the Near Mountain P.R.D. review which do not reveal that the City at any time required any reduction in the number of proposed units. Although it is hoped that more information regarding these circumstances will be available at the Planning Commission hearing, Staff Report January 31, 1984 Page 4 the plan amendment nonetheless can be generally described as follows: Housing By Final Plan of May 11, 1981 Proposed Plan Amendment Type (As amended July, 1983) February, 1984 Number of Units Number of Units Single Family Type A (100' min. width) 64 64 Single Family Type B (75' min. width) 71 27 Single Family Type C (68' min. width) 31 97 Quads -0- -0- Condominiums _ 120 120 Totals 286 147 acres 308 153 acre; Gross Density 1.95 D.U./A.C. Gross Density 2.01 D.U./A.C. You will note from the above that the principal elements of the current plan amendment is an increase in project area from 147 acres to 153 acres and a density increase of .07 units per acre. (Compared to the preliminary plan approved in 1979, the current proposal has a density reduction of .03 units per acre.) You will also note from above the various housing styles planned to be built by the applicant are broken into three categories of Types A, B and C. The minimum standard for these unit types are listed below and are consistent with previously plan approvals. Minimum Standards for Living Areas Single Family Type A Type B Type C Lot Area 14,400 12,000 10,000 Front Yard 30' 30' 25' Side Yard 10, 10, 101/51* Rear Yard 30' 30' 30' Lot Width at Setback 100, 75' 681 Lot Depth 120' 110, 100, Maximum Building Height 21 stories 21 stories 21 stories * On alternating side lot lines 10 Staff Report January 31, 1984 Page 5 The proposed areas of distribution of units by housing type can be found on the attached proposed amended plan. The major change in the proposed distribution occurs in the replacement of 44 Type B units with 50 units of Type C construction. The remaining 47 of the 97 Type C units are accounted for in the 31 units approved in the 1983 plan amendment (replaced the 36 quads previously approved in the northeast corner of the project) and the 16 units proposed on the six acre American Lutheran Church property at the northwest corner of the intersection of Hwy. 101 and Pleasant View Road. Regarding the changes in lot sizes and density for the newly pro- posed Type C units, staff finds that the reduced average lot size is minor as well as the overall project density change of 1.94 units per acre to 2.01 units per acres. Additionally, the pro- posed gross density is .2 units below the minimum density prescribed in the Comprehensive Plan which states that low den- sity residential areas shall have a density range of 2.2 to 3.4 units per acre. All of the lots proposed contain an adequate area to provide for home construction and useful yard area. The incorporation of the American Lutheran Church property into the P.R.D. is seen as a significant improvement since it averts the need for the property to have future individual accesses onto Hwy. 101 or Pleasant View Road. Although the access proposed in this area exceeds the 500 foot length standard by 150 feet, this is mitigated by the fact that none of the lots are farther than 150 feet from surrounding streets from which emergency services could be provided in the event that the cul-de-sac would ever be obstructed. In order to provide access to the American Lutheran Church property and to improve road alignment and lot design, the right-of-way and lot line easements shown on Attachments 2A and 2B are proposed to be vacated and replatted. The City Engineer has indicated detriment to the City and result plan (see Attachment #3). Recommendation that these vacations are of no in overall improvement to the Staff recommends the following motion for Planning Commission adoption. The Planning Commission recommends approval of the Final Development Plan Amendment and street and utility easement vaca- tions as depicted on the Sathre Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. Staff Report January 31, 1984 Page 6 Planning Commission Action J. Thompson moved, seconded by S. Albee that the Planning . Commission recommends approval of the Final Development Plan Amendment and street and utility easaement vacations as depicted on the Sathre Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor. M. Thompson abstained. Motion carried. Staff Update Since the Planning Commission review of this item, the City has received a recommendation from MnDOT (see Attachment #8) that right-of-way along T.H. 101 be dedicated for purposes of construction of a right turn lane at Pleasant View Road. In response, staff is recommending that the applicant dedicate an additional 17 feet of right-of-way along the easterly property line of the American Lutheran Church property. Construction of the turn lane is not being recommended at this. However, such should be periodically reconsidered as traffic volumes at this intersection increase and as final plat reviews for future phases of the Near Mountain project are conducted. Attachment #5 shows the proposed street and neighborhood signage for the Near Mountain project. Although the street signs are planned to be mounted on 4 x 4 cedar posts, the City Engineer has no problems with this adaptation. The proposed neighborhood signage is in compliance with Sign Ordinance No. 36. Report Attachments 1. Location map. 2A. & 2B. Proposed street, utility and drainage easement vacations. 3. City Engineer's memorandum dated February 1, 1984. 4. Sathre Bergquist, Inc. legal descriptions for proposed street, drainage and utility easement vacations dated received February 2, 1984. 5. Proposed description from Dennis Mulvey of Near Mountain partnership dated received February 2, 1984. 6. Schoell and Madson Preliminary Plat for Near Mountain Partnership. 7. Sathre Bergquist, Inc. proposed amended plan for the Near Mountain property dated received February 2, 1984. 8. Letter from MnDOT District Engineer, William Crawford, dated received February 10, 1984. 9. Planning Commission Minutes of February 8, 1984. 10. Proposed signage. I o O OD I .1 F O U O N Near Mountain Project z a u I' Attachment #1 0 71 a oZe�' - I -----*-- --- i ' I "°v SJr�o z� �u.ev3as4•w. -------% 4\' j %NVIN mlwM f fE mmma ! f x TNO f � \�'• _9 �s --- � bH.89•34'64'W. 1 I �. ! 1 v °•yam/ // \ 49 .: OD°� 30 '' ' / / / \♦ p Q. Yj•c�3 O.y V J 1 1; V ig 3cj• ` d .ir 1 ''s to. Sp QI L:4s.o705, / o oPo ^ , 1 _°;°o f E. W G 43b2'08" ` � �'c�y. 1 Sop�•A2 d�,s ti�'�r .'. tN.gO:�,o�•�-^_== _a 1.. 8\ -0 Ial 116 a6 CLE EAST S�M �. \. �: \\ a7 0-'42-65" I. C 33 -�/ 2O•°o2C4. N of o pS'° gyp♦ \\ // roily ONo N?n V. D1 ryI f ♦ \ !/\ C. �`6 I W \ \ 0 � 6p OVti ;�IN 702; \ e.Or I 1 I W O I I I I e V�C2 -9� A.rI ONp Ap I O Easements to be vacate 11 O r ONN� and lot lines replatte j r I NI °-03CS6 /ati JNO� A.NO OI N N r r I N £ �... ��? N� 0 C. I ' 4 20°O .�`'...:•i.. W I^ I °p � ;�r CASCAD 1:78.53 I I 1 [ .1 122.6 E.' 1�-�R. fOP ��.. qS a:gg7.22 N Cl �:6. s , • \S 722 I -W° 01 •,.� 1 .-.. �� , 4 39 61 .00'O°" 1 ..� ` .. .. ... ., I �O C Pp. dui \ A■y .f . 2 \1 jNQOo Dnr irk Z 1 °• !! 1 I -1 I O :ji b��/ N I N I m [►� � & m 01 my�W I 1 O 1 6700 I I 67.00 I I 88.22 59.10 t • ... b85.3S- 4s o4 ..44.% i 8.84• 03' S9" Mf. w r. • r ,2500 2Q00 T T Roadway to be vacated and realigned. Attachment #2B 1,5 / ! \ N I CV < zonv°J N. et6i 7.. v:�°cP L /•��b N -�iI Ike Last, I `� y\ 1n Cii- . I.' Oil L- �` i�F °2 •. ( _ P� .PN a° 0 9L !' S% �: �J .O 1 irn In 02'031:-1--'----�- ` I i r' sn I P r Z I^! 1 z \\ o °o, y l I hM 1- ; �. . ,tr L j�► 1 y` L_ ' M.tS,4E.b6' s' w N�$ w a ^+ r i I o 1.•aerpO WIV C�IdWJ�` a,°�;�g n hmi 1 ly oo N O° S'2 �iN Pa��O \ `\� ` I In m Q ° Lri 0J� o P F \ \ / \ / p �� 1 Z t� ...: �? o g .� v 4 fl \ 8Z-00 '�\ ; �. vg9w 1 i Z •6� °- ..IUCOL - �d� Fbg�8.y Jsa aA p' .. V. N b? lleO \`\ \\\ ', I 5 p1 1 h n m 1 11 American Luther \ \ o o I tea' 0'... `\ `\ `';° Church property Obi ti \ o J \\ \\ N N 40 a 0p•OZ'?1 AEC \ \ I -�• •� C. E sl.yp :v ` `\ ` \ \ \ �N ° o . Il:v M m c 10 Easements on Lots 1, 2 and 3, Block 1 to be vacated. Attachment #2A CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Bob Waibel, City Planner FROM: Bill Monk, City Engineer DATE: February 1, 1984 SUBJ: Near Mountain Utilities Lateral sanitary sewer and water service will be extended to service the cul-de-sac in the southeast corner of the site. Otherwise, no changes are required. Streets The changes proposed to the Near Mountain street system include extension of a 650 foot long cul-de-sac to provide access to lots in the southeast corner of the site and a minor realignment of Cascade Pass just west of Castle Ridge. Although the proposed cul-de-sac exceeds City standards, it pro- vides a more acceptable access situation than having the corner lot access directly to T.H. 101 or Pleasant View Road. Also, the relatively flat terrain makes secondary cross country access available. The need to vacate and realign a portion of Cascade Pass will allow for an improved intersection and improved lot layout. Bascially, the street stub should not have been platted with the earlier phase. Drainage The only modification to the extensive storm sewer plan pre- viously approved includes creation of a small holding pond located just northwest of the intersection of Pleasant View Road and T.H. 101. This pond will handle the drainage from the area adjacent to the proposed cul-de-sac before allowing the runoff to release slowly into the highway ditch. MNDOT approval of this plan will be required. Attachment #3 Near Mountain Report February 1, 1984 Page 2 General The street and easement vacations required as a part of this plan all improve the layout and have no detrimental affect. Also, the sizable assessments as levied against the corner parcel will now be assumed by the plat and assure orderly repayment without requiring individual lots and accesses along Pleasant View Road. SATHRE-BERG0UIST, INC. 935 EAST WAYZATA BLVD. • WAYZATA, MN. 55391 • TELEPHONE 612-47E-08z VACATION OF STREET All of CASCADE PASS as platted in NEAR MOUNTAIN, Carver County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles, which lies westerly of a line 25.00 feet westerly of and parallel with the center line of Castle Ridge as platted in said NEAR MOUNTAIN. VACATION OF DRAINAGE AND UTILITY EASEMENTS All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles. CITY OF CHANHASSEN FEB 21984 COMMUNITY DEVELOPMENT DEP i. Attachment #4 t��NN�4 Minnesota Department of Transportation District 5 �p 2055 No. Lilac Drive of zap' Golden Valley, Minnesota 55422 February 7, 1984 (612) 545-3761 Mr. Bob Waibel, City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 S.P. 2736 T.H. 101 Plat review of Near Mountain P.R.D. located in the N.W. quadrant of TH 101 and Pleasant View Road in the City of Chanhasen, Carver County Dear Mr. Waibel: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This proposed plat has been reviewed by us several times. Our main concern is the access to and the operating safety of TH 101. The plat as designed controls the access to TH 101 very nicely. Because of additional development to the south and east of this plat, there will be a need to improve the intersection of TH 101 and Pleasant View Road as these developments mature. At the present time we have no future plans to improve TH 101. We suggest the city reconsider planning for these future needs in the following ways: - Ask the developer to provide additional right of way adjacent to TH 101 so that future improvements can be made with minimal disruption. Developers in Eden Prairie have provided an additional 17' adjacent to the east side of TH 101. The Eden Prairie plat also provides right of way for easing the curve at town line road. - Include or plan for necessary turn lane construction. The developer in Eden Prairie is providing a northbound right turn lane for N.B. TH 101 at Pleasant View. For your information I have enclosed a copy of proposed improvements and street locations for the development in Eden Prairie. If you have any questions in regard to this review, please contact Evan Green at 545-3761 ext. 119. Thank you for your cooperation in this matter. Si!M.Cr;aw rd, P.E Ue District Engineer cc: Gerald Isaacs, Metropolitan Council Pat Murphy, Carver County WMC:bn An Equ, Attachment #8 CITY OF CHANHASSEN RIFCF—IVF—D FEB 01984 ITY DEVELOPMENT DEPT • e Planning Commission Minutes February 8, 1984 P ag e 2 surveyor felt that it was the best layout for the property and also that a metes and bounds description was just as good as RLS or lots and blocks. Mr. Happe also stated that he will get percolation tests done when the snow melts. Waibel stated that Mr. Happe would have to submit the request to build the home in the middle of parcel 2 to the Board of Adjustments and Appeals for a variance at the time a building permit is taken out. S. Albee moved, seconded by J. Thompson to close the public hearing. All voted in favor and the motion carried. The Commissioners wanted to know how if the City would be liable for failing septic systems. They felt they could not make a recommendation because there were no percolation tests done. They noted that there were 5 variances to be dealt with on the sub- division. M. Thompson moved, seconded by J. Thompson that the Planning Commission deny the request based on there being 5 variances requested, 201 study results were "marginal to failing" on the existing septic system and that the applicant wants to record the property in metes and bounds. J. Thompson, S. Albee, B. Ryan and M. Thompson voted in favor. L. Conrad voted nay. Motion carried. *On February 22, 1984 the Planning Commission added the following statement to the above recommendation, "Commissioners J. Thompson and Albee stated that they are still unhappy about the allowing of 21 acre subdivisions in the unsewered areas." Final Development Plan Amendment, Street and Easement Vacation Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing. Public Present Rick Denman Lundgren Brothers Sherman Goldberg Lundgren Brothers Dennis Mulvey Lundgren Brothers Peter Pflaum Lundgren Brothers Nancy Osgood 745 Pleasant View Road Alan Kramer 531 Indian Hill Road Waibel stated that the request is for final plan amendment and street and utility easement vacation approval for the Near Mountain P.R.D. He noted that in review of this request a discrepancy in the number of units was discovered. Apparently the preliminary plat showed only 134 family units as opposed to the previously approved 144 units. The amendment request is an increase in pro- ject area from 147 acres to 153 acres and a denisty increase of .07 units per acre. He stated that staff finds that the reduced average lot size is minor as well as the overall pro-ier_t dPng;ty Attachment #9 A 1 Planning Commission Minutes February 8, 1984 Page 3 change of 1.94 to 2.01 units per acre. He stated that the pro— posed gross density is .2 units below the minimum density prescribed in the Comprehensive Plan which states the low density residential areas shall have a density range of 2.2 to 3.4 units per acre. Waibel stated that the City Engineer indicated that the street and easement vacations are of no detriment to the City and result in overall improvement to the plan. The applicants had a slide presentation and were available to any answer questions. J. Thompson moved, seconded by B. Ryan to close the public hearing. All voted in favor and the motion carried. J. Thompson moved, seconded by S. Albee that the Planning Commission recommends approval of the Final Development Plan Amendment and street and utility easaement vacations as depicted on the Sathre Bergquist, Inc. proposed amended plan for Near Mountain and the Sathre Bergquist, Inc. legal descriptions of proposed street, utility and drainage easement vacations dated received February 2, 1984. J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor. M. Thompson abstained. Motion carried. Subdivision Variance Sketch Plan Review, Northeast and Northwest Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd. 18, Brian and Neil Klingelhutz. Waibel stated that this is a sketch plan review to subdivide 10 detached single family residential unsewered lots. The property has moderate to severe slope conditions which require the pro- perty to have four accesses, two of which are onto Co. Rd. 17 and two onto Co. Rd. 18. The County and City Engineers conclude that due to the slope limitations of the property, the accesses as proposed are probably acceptable, however, no additional future accesses should be allowed. Waibel noted that the preliminary plat must demonstrate that future building sites will be designed to allow for site con- ditions proper for home construction, driveway access, and pri- vated septic system, drainfield and well installation according to the City Engineer and the Soil Conservation Service. After review of the sketch plan the Commissioners encouraged the applicants to prepare the preliminary plat with the following suggestions: Attachment #10 LL CO Co LU cU -: yyea'; t•iT't f 4 ..t�X is �� - , ^r-.t L?• �tkr Uµ w. 1 to �' t_�a�-.� � •�:a �v'�df.Y.,..j ^ �:. • Via...' ~ x- v: 41��i1Pic Circle yi:. ti, � rl - '�• r �- 4 '-•E. "" ..�,.� � ; '- x 'raid' �#�i"•"-S�+�i` - t `a, �...w•a-yv '�t� r y r - yr �i a� ♦ t..���`x=£rl 'Y�:s�.'r'';.Sr. -"t -�T���V.�1 i •- .. -- - - -.- A�T,� -- --- ;--- ----- - j t M M. (D O 0 0 0 CA La Ml Pneu—Any PLAT 1.1 7_E 2G2UIS .. iE1 .2 . . . _t, iNC. NEAR MOUNTAIN S A T H BROS. CO LUNDGRr NsT. INC. 2-s DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 1135 U. S. POST OFFICE & CUSTOM HOUSE ST. PAUL, MINNESOTA 55101 '�•�� REPLY TO C Tit -- ATTENTION OF:,) �3oy�6- 6�9�y �� � 3�, � � Construction -Operations VAR- AR — Regulatory Functions � 5 (� Cu�-�C G�y Re 0 P, o, 13a c Iy7 N N . 5 3/7 NEAy jlq Jd�. T. //� N. of C 'rt Co-, , I Y • We 11ave reviewed the information provided us concerning the referenced project. The wort; you propose at the location stated is not within the jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material will be placed in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office at (612) 725-7553 to avoid accomplishment of work which may be in violation of Federal law. If you have any questions, please call Sincerely, llief, � Cin Regulatory Functions Branch Construction -Operations Division CITY OF CHANHASSEN R;'CI-IVF-D FEB 319WIT M COMMUNITY DEVELOPMENT DEN LU11DGREn BROiINC.TRUCTION 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 January 26, 1984 Dear Property Owner: The Near Mountain Partnership would like to take this opportunity to invite you to an informational meeting concerning proposed plan changes in the Near Mountain Planned Development. This meeting will be held Thursday, February 2, 1984, at 5:30 p.m. at the Lundgren Bros. Office Building, 935 East Wayzata Blvd. in Wayzata. As many of you are aware, construction has commenced on the first phase of the Chanhassen portion of the Near Mountain neighborhood. In conjunction with this construction start, the Partnership intends to acquire the approximately six acres -of land located at the corner of Highway 101 and Pleasant View Road. The proposed plan amendment would include incorporating this additional 6+ acres into the original planned development and would also incorporate platting changes in other areas of the development. Overall, the pro- posed plan adds 6+ acres to the original 147+ acres, and adds an additional 8 single family lots to the originally approved 300 total units. This meeting should present an opportunity for you to review the proposed plan amendment and to address questions to our staff. Your presence would be greatly appreciated. Sincerely, for the Near Mountain Partnership Dennis L. Mulvey A.I.A. DM/vf cc: Bob Weibel City of Chanhassen CITY OF CHANHASSEN r, V_ - -a, rI=0 IA� o 1984 COMMUNITY DEVELOPMENT DEP- E.0 Vicinity Mh Ccumtunity Development Department 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-I900 ' Date: January 23, 1984 To: Development Plan Referral Agencies Fran: Chanhassen Cc munity Development Department By: Bob Wa i b e l, C i t Planner Subject: Final Plan Amendment Street and Easement Vacation Near Mountain P.R.D. Planning Case NO: 7 9- 2 P.U.D. The above described application for approval of a land develognent'"prcposal was filed with the Chanhassen Ccui=ity Development Department on January 19 1984 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any ants you might have on this proposal. We are particularly interested in matters which affect the public health safety and general welfare. Specifically, we would appreciate your. ants and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a. written report to this effect from the agency concerned so that we can make a reccmaezdation to the Planning Commission and City Council encompassing these needs. This application is scheduled for consideration by the Chanhassen Planning Omission on February 8, 1984 at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Comanunity Development Department to prepare'a thorough review of this application for the Commission and Council, we would appreciate receiving your comments by no later than February 2 ,1 1984 You may also appear at the Planning Coinni.ssion meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Pr000sed Develo--nent Plans DISTRIBUTION: City Engineer City Attorney 3. City Park Director L4-:'Fire Department L5 --Count'y 'Dngineer Riley Purgatory Creek (-6-----Watershed Dist. E.ngincer L7�-- Soil Conservation Service C8 MN Dept. of Transportation (-9: - U.S. Army Corps of E nghieers L2— NLinnegasco File: C xmlunity Development Department �j Form No. 81-10 Agency Referral 7/l/81 Dept of Natural Resourc t12'--�cmpany Rd Bell or United) is Company kr MN Valley Co --op) -C� City of Chanhassen Official Publication CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR FINAL PLAN AMENDMENT AND STREET AND EASEMENT VACATION FOR THE NEAR MOUNTAIN P.R.D., LUNDGREN BROTHERS, INC., CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday the 8th day of February, 1984 at 7:30 p.m. at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to con- sider a final plan amendment and street and ease- ment vacations for the Near Mountain P.R.D. pro- posed by Lundgren Brothers Construction, Inc. and located at the northeasterly most 147 acres of the City of Chanhassen. Plans showing said proposed final development plan amendment and street and easement vacations is available 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 Planner ( Pub. Carver County Herald Jan. 25,1984) (73) Affidavit of Publication State of Minnesota ) )SS. County of Carver ) Stan Ro 1 f s ru d , being duly sworn, on oath says that he is and during all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues each year, has 50 percent of its news columns devoted to news of local interest to the community which it.purports to serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat- ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established In Carver County in which lies the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Notice of Public Hearin Lund r e n Bros., Inc. ereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first so published on We d the 2 5 day of, a n 1984and was thereafter printed and published oRevery We d . to and including the 25 day of Jan ,1gai and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: clu Subscribed and sworn to before me this - 19 [� (Notarial Seal) Notary public, , County, MN My Commission Expires 19 PHYLLIS A. K7 NOTARY PUBLIC SCOT— f' Commission E: 900�d 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 January 24 , 19 84, 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 plan amendment and street and easement vacation for the Near Mountain P.R.D., Lundgren Brothers Construction, 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. Bob Waibel, City Planner Subscribed and swor to before me this day of �.r,� , 19 i✓ _ Notary Public �O James Meyer 6225 Ridge Road Chariahssen, MN 55317 Sewall M. Osgood, Jr. 745 Pleasant View Road Chanhassen, MN 55317 John P. & J. Thielen 665 Pleasant View Road Chanhassen, MN 55317 Mary Rojina 480 Indian Hill Road Chanhassen, MN 55317 Louis & B. Fuerre 557 Indian Hill Road Chanhassen, MN 55317 David Cheng 9400 Cedar Ave. #106 Bloomington, MN 55420 Harvey & K. Robideay 540 Pleasant View Road Chanhassen, MN 55317 Alan and L. Kramer 531 Indian Hill Road Chanhassen, MN 55317 Barbara A. Martini 491 Indian Hill Road Chanhassen, MN 55317 Gottfried & A. Loescher 520 Pleasant View Road Chanhassen, MN 55317 Russell & V. Knowles 501 Indian Hill Road Chanhassen, MN 55317 Carl Schevenius J.E. Nicholls 5527 Penn Ave. S. 6451 Pleasant View Circle Minneapolis, MN Chanhassen, M 55317 I' Joseph J. Smith 'i Richard Kartak 550 Pleasant View Road !I 305 Jefferson,,Ajve. S. Chanhassen, MN 55317 Hopkins, MN 55343 i i i Steven M. Murphy 6068 Stonybrook Drive �I Minnetonka, MN 55343 i ,I The American Lutheran Church I 425 S. 5th Street Minneapolis, MN 55415 li li C.F. McNutt 185 Pleasant View Road Chanhassen, MN 55317 A.E. Schroeder 6430 Pleasant View Lane Chanhassen, MN 55317 R.V. Nelson 135 Pleasant View Road Chanhassen, MN 55317 M. J. Kask 115 Pleasant View Road Chanhassen, MN 55317 J.G. Schroers 65 Pleasant View Road Chanhassen, MN 55317 G. Alexander/E.M. Abresch 55 Pleasant View Road Chanhassen, MN 55317 Robert & Mar. Nelson 135 Pleasant View Road Chanhassen, MN 55317 Gary M. Schelitzke 6210. Hwdlton Street St. Louis Park, MN Daniel & C. Welsh 670 Pleasant View Road Chanhassen, MN 55317 Robert J. Reichert Box 94 Excelsior, MN 55331 David C. Pacochini 3833 Washburn Ave. S. Minneapolis, MN 55410 Robert and Renee Northrup 640 Pleasant View Road Chanhassen, MN 55317 Charles & M. Freidricks 610 Pleasant View Road Chanhassen, MN 55317 Robert & D. Reichert Co./ James R. Rouse 6828 19th Ave. S. Minneapolis, MN 55423 John & J. Nicolay 608 Pleasant View Road Chanhassen, MN 55317 Thomas & N. Seifert 600 Pleasant View Road Chanhassen, MN 55317 Robert J. Reichert Massey University Palmerston, New Zealand David R. Evavold Gabrielle Pizano 35 Pleasant View Road ClhanhH-Sen VNT c;c-z, Frank & G. Metzig 605 N. 29th St. Mesa, Arizona 85203 ,i i 1 f. i i it �I i it I ,I i' i, �I !i I i I I �I I; I= �I i' �I I I �I it 'I I I' I James M. Theis 6400 Chanhassen Road Chanhassen, MN 55317 [nhn. & Dawn Hulett 6450 Pleasant View Circle Chanhassen, MN 55317 Harold & M. Wartman/Lloyd Wenning 6441 Pleasant View Circle Chanhassen, MN 55317 City of Chanhassen Community Development Department 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 Date: January 23, 1984 To: Development Plan Referral Agencies From: Chanhassen Community Development Department By: -Bob Wa i b e 1 , City Planner Subject: Final Plan Amendment Street and Easement Vacation Near Mountain P.R.D. Planning Case No: 7 9-2 P.U.D. The above described application for approval of a land development' proposal was filed with the Chanhassen Ccuamuzity Development Department on January 1-9, 1984 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any comments you might have on this proposal. We are particularly interested in matters which affect the public health safety and general welfare. Specifically, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we wDuld like to have a. written report to this effect from the agency concerned so that we can make a reccamiendation to the Planning Ccmnission and City Council encompassing these needs. This application is scheduled for consideration by the Chanhassen Planning Ccnrnission on February 8, 1984 at 7 :30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Community Development Department to prepare a thorough review of this application for the Commission and Council, we would appreciate receiving your comments by no later than February 2 , ' 1984 You may also appear at the Planning C m-mission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Development Plans DISTRIBUTION: U�City Engineer ity Attorney 3. City Park Director L4-.Fire Department U5-County -Engineer Riley Purgatory Creek (-6'-IWatershed Dist. Engineer L7� Soil Conservation Service (8> MN Dept. of Transportation C9— U.S. Army Corps of Engineers 1-0_.-- Minnegasco File: C mni mity Development Department Form No. 81-10 Agency Referral 7/1/81 ill MN Dept of Natural Resourc -12. - TeleL*cne company NLI Bell or Unitcd) • is Company (r MN Valley Co-op) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR FINAL PLAN AMENDMENT AND STREET AND EASEMENT VACATION FOR THE NEAR MOUNTAIN P.R.D., LUNDGREN BROTHERS, INC., CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday the 8th day of February, 1984 at 7:30 p.m. at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider a final plan amendment and street and easement vacations for the Near Mountain P.R.D. proposed by Lundgren Brothers Construction, Inc. and located a the northeasterly most 147 acres of the City of Chanhassen. Plans showing said proposed final development plan amendment and street and easement vacations is available at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION 1-9 ob Walbel, City Planner (Publish in the Carver County Herald January 25, 1984.) SATHRE- BERGQUIST, INC. 935 EAST WAYZATA BLVD. • WAYZATA, MN. 55391 • TELEPH::NE 612-476-0641 VACATION OF STREET All of CASCADE PASS as platted in NEAR MOUNTAIN, Carver County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles, which lies westerly of a line 25.00 feet westerly of and parallel with the center line of Castle Ridge as platted in said NEAR MOUNTAIN. VACATION OF DRAINAGE AND UTILITY EASEMENTS All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles. Development Standards for Near Mountain Minimum Standards for Living Areas Single Family Ty F� e A Ty e B Ty e C Average Lot Area 29,500 18,600 12,800 Minimum Lot Area 14,400 12,000 10,000 Front Yard 30' 30' 25' Side Yard 10' 10' 10'/5'* Rear Yard 30' 30' 30' Lot Width at Setback 100' 75' 68' Lot Depth 120' 110' 100' Maximum Building Height 2 2 Stories 2 2 Stories 2 2 Stories Right of Way Width 50' 50' 40' (Diameter of Cul de Sac) (120) (120) (90) Street Width 28' 28' 28' (Diameter of Cul de Sac) (80) (80) (80) *on alternating lot lines Condominium 15,500 10,000 30' 25' 25' 3 Stories 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 of Country Homes Entry Monuments Street Signage LU i O CTRUCTION BRO�, 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 0 (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 I) 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 1.0.1 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,pr.•oposed 198 single family homes. i 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 oil-.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, del irieates 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 spectful1& submitted, E for the Near Mountain Partnership Dennis L. Mulvey A.I.A. 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VACATION OF DRAINAGE AND UTILITY EASEMENTS All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles. o VF N pLYMPIC -w ty�jcal 1 CIRCLE � I N 01 Lmd i Ln D L.- ui a m o SHASTA CIRCLE CASCADE o � / cn I / O 0 TOWN •-1-----��" �� CIRCLE � I II� L.—A N- 7 LINE ROAD lottin CHESTNUT RIDGE LUNDGREN BROS. = i+++ww_ SATHRE-BERGOUIST, INC. ;l5 IIIII—. BLvo. • WAY—k xx. ssvl • .ri-aw CONSTRUCTION INC. I/ Fj TAG - 0 ' N . Minnetonka Lake Minnetonka -Junior High School To 7 Hi Shopping N� Center Excelsior � Sit'' Shorewood Minnetonka Scenic Heights Shopping Center -a Senior High Elementary School Christmas School • Lake = Clear Springs Elementary lementary School Future Extension Townline Rd Crosstown 62 14 ers� Bryant Lake Lake f Lake Lucy r- Lotus CHESTNUT RIDGE Regional Park Minnewash� / -� " � � Lake m c Bryant' Lake c 0 Lake Minnewashta Lake Ann V o c ,Regional Park o _ — City Park V Lake Ann ". • apolis City Park Prairie Village Go Winne Downtown Shopping Chanhassen State Hwy 5 Center o j/%� jj B Eden Prairie odfo Chanhassen U of M Dinner Theatre �Regional Shopping Arboretum Z Center Hazeltine o . National Golf Course a LUnD(jR(n B R0SC0 935 East Wayzata Boulevard Wayzata, Minnesota 55391 612/473-1231 112t Equal Housing Opportunity co J � Q� f m O. J 0 U N 0 l< N r :7 Cr C O C C J C — J (I m O. M. 0. {O y 6 10 0 O J CC) O. n m O ? p n N w — N N -0 C mo 0 ff 0. 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