Loading...
79-03 - Sunrise Beach SUB pt 50. } REGULAR SESSION t CHANHASSEN PLANNING COivEXISSION • - :`:;:fit-. A meeting was held on Wednesday, January 23, 1980 at the Chanhassen City Nall, Chanhassen, Minnesota. Present were: Clark Horn, Chairman _Art Partridge -Tom Hamilton Walter -Thompson Tom Droegemueller Also present were: Bob Waibel, Assistant City Manager Mark Ko•egler, City Planner ::Crag Mertz, Assistant City Attorney Rodney Hardey, Dunn Curry "Bruce Patterson, Suburban Engineering .Jules Smith i Stelious Aslani.dis Al Klingelhutz Absent: ' Jack Bell Chairman Horn called the meeting to Order_ at 7:40 p-m. APPROVAL OF MINUTES -The following will be added to the 'Development Contract Amendment Request, Sunnyslope Addition' section of the January 23, 1980 Minutes: The Planning Commission is.aware that the Development Contract was not signed by either party. .Falter Thompson moved, Art Partridge second, to approve the ?Minutes of January 23, 1980 as amended. Potion carried. Tom Hamilton moved, Art Partridge. second, to .approve the City_ 'Counci.l `Minutes of January 7, 1980. Moti on cap �. ied. r PROPOSED PRELIMINARY DEVELOPMENT PLAN, REVIEW FOR LANE A:;.11 P'u-D, LAKE SUSAN HILLS 14EST AND LAKE SUSAN HILLS SOUTH Bob Waibel gave a presentation on the preliminary development of the projects. He pointed out the importance of the land use and density allocations, along with the questions of park needs discussed at an earlier date by the Planning Commission. Fie gave the Ci.ty's recommendations and cormients on the planned developments. " Planning Commission Minutes 4 Page 2 0 y He had contacted the Cities of Eagan, Maple Grove, Woodbury and Burnsville to formulate a report on the densitiqs proposed as compared to what these cities are experiencing. Rodney Hardey of Dunn & Curry discussed the three major projects. He stated they have commitments from two major builders. Dunn: & Curry's goals in this project include obtaining rights for needed utilities, working closely with the Planning Commission on areas of Parks and Recreation, obtaining approval from other involved agencies, completing drainage and sewer -systems',.and establishing land use patterns and parameters. ,r The comments addressed -in :sir. LVTaibels presentation were discussed. Mr. Hardey's main concerns were a) too much paving, b) noise abatement will have to go by State requirements, and those topics rendered for further investigation included_ a) site distances, b) access from development to Highway #5, c) soil pockets, d) the quad lots proposed as Lots 10, 11, and 12 of Block I. He further discussed the individual projects commented on in Mr. Waibel's presentation. Bruce Patterson of Suburban Engineering illustrated the sewer systems proposed for the projects. The floor was opened for discussion... Chairman Horn requested clarification on the Highway #5 - Park Ave. exit recommendation. ' He asked that the developers consider a frontage road/different access to the Park other than going across Highway ;r5. The Planning Commission.desires further review of these projects. Chairman Horn requested Bob Waibel to investigate the possibility of a joint review with the City Council. CONDITIONAL USE PERMLIT-ICLINGELHUTZ/CRAVENS REALTORS 78112 GREAT PLAINS BLVD. Bob Waibel explained the request.by Kli.ngelhutz/Cravens for a Conditional Use Permit for signage. He recommended, -on behalf of City Staff, that the Permit be approved after removal of the debris near the garage, and further that a public: hearing be waived,for this matter. Ton Hamilton moved, Tom Droegemueller Conditional Use Permit be granted with -the garage and debris be cleaned up, and that be issued until this is done, and -further '.be waived. Motion carried. OPEN DISCUSSION second, that the contingency that -the =:_" the Permit not -" that the -Public Hearing - Bob Waibel informed the Planning Comnission of the Public Hearing scheduled for Wednesday, January 30, 1980. Tom Hamilton moved, Art Partridge second,- to adjourn at 11:10 p.m. Motion carried. Don Ashworth, City -Manager ' EiiTRA SESSION - - CHANHASSEN PLANNING COMMISSION F A meeting was held at the Chanhassen City Hall, 7610 tardeo, y-.. Chanhassen, Minnesota on February 6,' 1980. Present were: ' Clark Horn` Walter Thompson Art Partridge -: _ Tom Hamilton' ° 4'.; 'Jack Bell`' Also present were: Bob Waibel, Asst. City Manager; Mark Koegler, City Planner; Ed Dunn, Dunn & Curry; Stelios Aslanidi.s, Urbanscope; Bruce-Patterson`;Suburban Engineering;Greg Engram; Jack Anderson, Anderson & Associates.; -Jules Smith; Jim Orr, City -Engineer; Jim Meyer; and Jerry_Schlenk _ .Chairman Horn -,called the meeting 'to Order at 7 :30 P.M. 'APPROVAL -OF MINUTES Tom Hamilton~ moved, Walter Thompson second, to approve the Minutes of January 23,1980. Motion carried. Jack Bell.obstained from approval vote. PROPOSED PRELIMINARY DEVELOPMENT PLAN REVIEW, LAKE ANN PRD, LAKE SUSAN WEST PRD, AND LAKE SUSAN SOUTH PRD - DUNN & CURRY, INC Bob Waibel presented Chanhassen ` s comments and recommendations on;Dunn & Curry's proposed developments. Ile stressed to the Planning Commission the importance of resolving.the density and land use issues involved in these projects. ,Ed Dunn -pre ented a brief history. on -the projects. The sewer system -proposed is adesigned-Chanhassen trunk sewer, and their :Y proposals contemplate installing the necessary extensions to the trunk sewer. Heillustrated the planned land use densities to the.,., Planning Commission and expressed his'desire:for the Planning Corti mission to concur that these plans have enough merit to be advanced to.a public hearing at the earliest possible date. Stelios Aslanidis reported on the three projects. The Lake ' Ann development contains 790 units. He illustrated the types of housing and land use areas. Discussion took place on lot sizes t and densities. Mr. .. Aslani.dis illustrated the.new changes in the plan which consisted mainly of density changes and the phasing aspects_ . The Planning Commission expressed their concern about the density allocations of the plans, they further commented on the C.R. 1417 access. This matter will be further investigated_ Y Bruce Patterson illustrated the road and sewer sections of Phase I. ` Chairman Horn. requested comments. from the Commission members concerning the 28' road widths. . Art Partridge: " I don't believe we need them any wid.er as long - as there is no onstreet parking. Tom Hamilton: " The 28' road widths are adequate only if there is no onstreet parking. Jack Bell: "The 28' road `width seems adequate; parking on one side of the road would be appropriate vdalter Thompson: "More roadway would.create more paving, more .possible water runoffand more possible sewer problems." The Planning Commission concurs with the 28' road widths, ,and the 32' road widths in the higher density. areas. Jack Anderson address the volume, .widths and right-of-way: issues of the roads Discussion took place on the 36' road widths. No recommendations were made at this.time. Stel.ios Aslanidis illustrated the changes in the Lake Susan - West development plans. -The overall density -is less than that pro -- posed for Lake Ann. The -Lake Susan:West proposal contains 3 units per acre, single family density is 2.5. There was general discussion on the land and density of the project. Tom Hamilton commented on the proposed park area land being peat. Ed Dunn stated that all the lakeshore has gone into park. There,.is 80.acres and they (Dunn & Curry) have a 50% credit (40 acres) from a Park and Recreation recommendation- He furthered that. he did not feel that it would be a problem filling a limited amount of it, there is enough fill available to make a portion (2 play areas) of active park area. Stelios Aslanidis illustrated the changes in the Lake Susan Hills South development. There was discussion on the densities and the impact this development will have on the present landowners.,.-.,,Y;.; along the lakeshore. Chairman Horn requested general comments on the 3 proposed developments. ' z Tom Hamilton .commented on Dunn & _Curry`s concept of developing around the lake first and then building out to the highway on -the Lake Ann project. Ed Dunn stated. that it is. more economically: and,..:,``y' mechanically feasible. Mr. Hamilton further commented that dividing. Chanhassen by major roads may create"a problem in drawing people to the shopping centers. This lead into discussion of the C.R.#1.7 and Highway #5 intersection. Ed Dunn stated signalized intersections may be warranted here and at other problem areas. 2 Jack Bell commented that tie likes the project as it is being presented. Walter Thompson stated that if this developmentt-goes through as planned there is going -to be a tremendous traffic problem on Highway �#5. There is a traffic problem now, and an additional 2000 units will surely not ease the problem. Jack Anderson presented a future projection of highway uses in 1990. With Highway #212 in circulation at that time he states that the.traffic through Chanhassen.should.decrease.. He further illustrated the proposed Park Drive - Highway #5 inter-_ section showingit as possibly being signalized.. Art Partridge informed that he does. not feel he would like another stop sign in that area. Tom Hamilton stated that Highway #5 is already a riess_ He would recommend leaving the stop sign out, but closely watching the 'intersection. Jack Belf does notsee. as a problem to address at this time. .14alter Thompson suggested that if there is a service road parallel to Highway #5, people may use it to avoid such a stop light. Chairman Horn.called for a vote_to,proceed with the public hearing. Art Partridge: yes; Jack Bell: yes; Tom Hamilton: yes; Walter Thomppon: yes. 'Jack Bell -moved, Art Partridge second, to proceed with the public hearing for the`general.development plans of the PUD's and the preliminary plats for .Phase I. of Lake Ann and --Phase I of. -Lake Susan West. 2-lotion carried. OPEN DISCUSSION Art Partridge suggested that a large scale map be obtained and posted showing Chanhassen's proposed developments.. He also suggested that signs be placed on properties being proposed for. land use changes. Bob Waibel.-informed the Planning Commission that there are 8 or 9 applicants -to be interviewed on February 13th, 20th and possibly the 27th. ADJOURNMENT Art Partridge moved,. -Tom Hamilton second, to adjourn the meeting at 11:50 P.M. Motion carried. 3 Walter Thompson moved, Art Partridge second, to recommend an extension of the building moratorium on the Highwayt#5 frontage roads with an extension, date to-coinside with the extension date of the building moratorium in the downtown redevelopment. project area. Motion carried. LAKE SUSAN WEST PUBLIC HEARING Ed Dunn gave a presentation on the Lake Susan West proposed project. He illustrated the phasing, density allocations, gave a brief history, and review of the 350 acre project. Chairman Horn explained to the audience the functions of the Planning Commission and the purpose for this public hearing. He then opened the floor for discussion and comments. Kathy Hol.tmeier and Jim Murphy read the attached reort/petition to the Planning Commission.. (Attachment #1) Jim Murphy further: "I have one more thing that I would like to do and thats that we thought we were very good cirizens when the industrial park went in. There were about three concerns that we had and I would like to point out our track record on those three concerns. Maybe I can best illustrate it with a drawing. The first item I mentioned earlier and that is we didn't resist the industrial development but we expressed our concern about what was going to go up adjacent to it and we felt that it would be an ideal situation for ... and at that time we expressed our concern for single family. Now we are seeing multiple being proposed for the industrial park and also by. the.lake. In addition, there was one other item that we were very concerned about and we got very little satisfaction out of the Council. This is for anyone that is familiar with the area (he illustrated the area on a map). We asked that this piece be preserved, which shouldn't be a problem for any planner, its wooded, it has slopes of 10-15a, normally you would expect that it be preserved. What we ended up with was a no -build line down here someplace (illustrated on map) and we ended up with a build elevation here of 935. So the developer now can actually remove -thatz-.h1ll -this is our vista. Many of the residents here live on the other. side, this is what we wanted to preserve, it is probably the most ideal space to preserve_ We wanted a place up here where the plowing ... at the fence. I think the elevation mentioned was 945 or 948. But now the developer can actually cut down this hill and remove what would be our vista and these trees. In addition, I think there was confusion at the time that we were trying to get this request between the Planning Commission and the Council. Many thought that.it.Imeant .... to come over the top of the hill and come down to 935 and that they could not remove this hill, but I think they checked into it closely and it means that it actually could be excavated down here at 935. Many of us were frustrated and came.up here to make another attempt to get our views across for this one particular reason. Another thing that happened, we were promised at the time. that construction went in that there would be no pollution during construction and no problems and as the Watershed oversaw the I l installation and construction and they did an excellent job and therefore not to be concerned. When this sewer or interseptor trunk or whatever you want to call it was installed, there was first a snow fence placed here (illustrated on map) with hay bails that were. placed in this position. But prior to that being placed,the dozers come out here and pushed all the stripping out on to the ice so what we had was all this debris and a situation like this with the snow fence and hay bails placed here later and all these waste materials that were on top were pushed out into this position. What happened is we did come up to -the Council, the contractor tried to remove as much of this material as possible, but when they got down beyond the location of where the sewer was being installed with a backhoe they could not reach this material, so what happened to this material when the ice went out this spring was it went out into the lake. I world say that it was more pollution or more siltation then we could get in a decade. I believe that is all we have to say. Thank you" Chuck Naber: "My name is Chuck Naber, I'm not a member of the Lake Susan Home Owners Association. I don't live close to any of these proposed developments, however, I am concerned about the future of Chanhassen. This is type of construction that we don't want in Chanhassen for one simple reason, the density is much to high. Thank you" Jim Meyer "My name is Jim Meyer, I live over on Ridge Road. I am not in the close area of the Lake Susan area -and -so on. But I feel the same way, our neighborhood approached the Planning Commission .... higher density..some time back. I was here, and many of use were, when Mr. Dunn presented this thing originally. He said that the lakes were going to get clearer, the traffic was going to be less and the police protection was going to better. Now you know you have to be a good salesman to get.any body to kind of believe that sort of thing. I think that one of the things wrong concerning Chanhassen is we don't want to be compared to Burnsville, Richfield, or thats reasonable density here, or thats reasonable density there, we want to be Chanhassen, we want to be what the people who have been paying the taxes and are here want and came here for. I think that is sort of the basic philosophic point. These people are all saying they're trying to preserve the things, the density is too high, they are saying that, well, because of energy problems you have to have humans closer together, but in actuality, people living in these close units like they are proposing aren't going to be able to go up to lake areas in northern' Minnesota as easy as they did in the past. They are going to have to have more green areas for these people to have their recreation because they are not going to be able to travel as easily on week-.. ends. I think that getting the larger area for the park and recreation is going to show ,some of these areas intersperse .... not just some of those areas over by the lake or on some of the swamp areas where they can't build. It would appear to me that for some reason the people in Chanhassen that have been here for many years give the impression to the planners or whatever that big is better, I think that communities around here that have recognized and gone ahead with this sort of high density building have been sorry later on and wish they had.never gotten involved in it. I think those of us that read the Carver County paper 4 .t.,,.,.�.-�.:�-�;-�.._:, s-�-,�•.....,-Win-,--...�,,.:-�..,,�----�-�.-%..�.-.�-�-�T,....,Y.----;�----�-,�-.�.,: _.. .... ..:... -.-. Jim Meyer cont: "note its very obvious about the increased cost crime and burglary and rape and all the rest of this sort of thing. I know thats an emotional thing, but yet in actually,tit is a realy true. And they can say these are -cheap units, they cost $40-60-- 70 thousand, but that is meaningless when you talk about inflation and what it has done. I think that it would be nice to reach some sort of compromise and reduce the size of this thing considerably and give the area that we all came here for to begin with a chance so that we can enjoy the things that we want. Dennis Baker: "My name is Dennis Baker, I am a new resident in Chanhassen. I live over on Lake Riley Blvd. I am a business man and I am quite convinced that these gentlemen are -businessmen to when I look at their project. I.am new, its the first time I have been here. The issue of density is very striking in that its contrary to the whole reason I moved here. Before I moved here I asked alot of questions and talked to alot of people about . different communities. There were a few communities that were high- lighted as being very proud of communities, the kind of communities that you would like to bring up your family in, and Chanhassen was one of them. I suspect that developments of this nature are not going to let us say this about this city ten years from now. Not only the density, I_am.also concerned with, maybe there are some answers to this question, I realy don't feel when I look at the concentration of development in the economic returns of this property these gentlemen are working towards, I realy don't see them giving much of anything to the people in Chanhassen. I guess thats basically the issue. I.haven't heard anybody discuss schools, property.for schools, I have heard somebody mention some low lying land and some unusable property,that we were blessed with, but I haven'.t_heard people talking about how you suddenly build this property and then try to support some 1200-1500 children in your schools on unapproved property taxes for a period of time. I have seen that destroy communities where they anticipate certain property after the property is developed but unfortunately the way normally property taxes work it takes 12-18 months before the community realy realizes any income from that property. Thank you" Gloria Cox: "My name is Gloria Cox, I.just moved into Chanhassen two years ago. We came from Bloomington and I don't have to tell you what went on in Bloomington. We settled in a beautiful, nice neighborhood community that was engulfed by business, hotels, restaurants, you name it. Alot of people who have worked hard for years, had retired out of the service, and these were the homes that these people were going to live in for the rest of their lives. They are.still sitting there fighting off what happened with the building that has increased crime; they have had problems with the school and an awful lot of other problems. We moved out here to Chanhassen because we thought this would be a great place -to raise our children. Here we have been here two years and we find out that we also will be doing the same things we did in Bloomington, and that is trying to make it safe for our children to grow up so that they can get a good education and as far as apartments go, I was an apartment dweller, and I can honostly say that as far as input into the community I have to agree, they don't realy have an awful lot toput in. And I think it would be realy great for our children to be able to grow up in a sound community type where they don't 5 have the hustle and bustle alot of problems and I hope consideration when you make in Chanhassen. Thank you." of the city because the city is you will real-y take this into the decision for whats going to happen Carol Watson:" My name is Carol Watson and I live on 7131 Utica Lane in Greenwood Shores. I am across the street from what is now Chapperal, New Horizons development.. I am sorry to say that I am one of the people who slept through the New Horizon Development. But I am now proud to say that I am one of the people who are trying to tell you that we are not asleep anymore and we are watching and we do care. I am sure that Chapperal gave alot of people the impression that we didn't and I am sorry for those. people who did, but now -I am proud to be here with these people and say I do care and I don't want to s-ee it happen again. I look out my -windows and I can see those lights glowing over there all night long, seven nights a week. and all those quad homes going up like mushrooms- and I, am sorry, realy-sorry, but I am not going to be sorry again because I didn't say anything. So I am.here to say that these people are right and 'I'am proud to be part of a group that isn't asleep in Chanhassen Village." Ellen Chilvers: "I agree with everything everybody has said so far. I picked out a little poem out'of the Lake Minnetonka paper today written by a -man in Lake Minnetonka. I think that its applicable for tonight.. My name is -Ellen Chilvers and I live at 6271 Hummingbird Road.. -``Move out you ducks, here come the trucks. Fly away geese, we have no lease. .... for picnic -spots, turn them into townhouse lots. Bulldozers are coming, bus ... are humming. No feeling of guilt theres houses to be built. Why others-... land has- no use unless- its developed. Knock down the trees- before the first' :breeze, their raising inflation laying condo foundations-. Where trees -once stood... the woods. Folks -moving in that will buy tangible goods. .With houses complete, one each fifty feet, continuous-... wall. As density thickens add joints -for fried chicken, we'll need a few barn plus lots selling cars. With: traffic congested ... lights- are suggested. Remember when this place.was pleasant, a haven for the pheasant. And where are the deer? Theres- no more room for them here. It happened as -we s-ilently.gaped watching the landscape being raped. A land of...natural race converted to a multi... h won t read the last line.". Bob' Armstrong: "My name'is Bob Armstrong, I live on Great Plains Blvd. too and I guess I realy object to the word preliminary. Turn your back on preliminary and then its.all... great big tall. buildings, multiple housing, apartments. The term preliminary, we got caught on that on the industrial complex and now -we are stuck with that." Clark Horn requested further comments from the public. There were. -none. He then asked for comments -from Ed Dunn. Ed Dunn: "I think it would be presumptious of me to try to respond to everything that has been said here. We would like to have a copy of the record and we will construct a response to it. By the way I did bring these little booklets for anybody that wants 6 At this- time. Ed Dunn explained the. tW.o ba.s:i:c procedures- of + the PUD developing concept. We are. in the. p.lanning proceas- . concept. "Assuming that Lake Susan West -was approved here iYf concept as being an appropriate devel:opmerit, and I' am not sug- gesting that that is- going to happen toni:ghi , z don "t be1 keve that it will, I- don't think. that that was- the intent here, if it were we would then have- to work in. any- conditkons and recom- mendations that were made. We would try to work with. them to bring those in to reflect what it is� to reasonable needs as their development. We would go to the Ciit:y. Council where they then have -their shot to revket� - . `t and pretty- much -the same -manner as here,' they could hold public: hearings-, ' they, are not required to, it is, at the Council s discretion.... By the way, we have undertaken at the 'suggestion of the staff and encouraged: by a joint meeting that was, field by your Planning Commission and your City Council to us•e.' whit. r- ca'13,` :..extra .ordinary means, to advise the. community, of the ci'ty's- plans. Upon our application the 'City, makes' a publication. of the notices that they mail to people weekly...,it was a limited distribution mailed to people they were; required to wi:thi 359 feet of the property. Accordingly, r asked that the City mail to every resident in the communi:ty-.-•at ;my expense. it'kg the intention that every, resident in the community, receive these. notices. They, have. taken special care. to -make sure. this is' a well, pub licized activity. I'am not going to try, to respond in specifics: for one thing I• don't have and a ctopy of the petition.... It's -not to say, that I don'•t agree 'with, everything I' head but 1. do respect it and we will try to respond to everything we Beard as- best we can at a ,later ti'me.-..Thks plan .that I, have here is, one of the first introduced for public display. You will find that the planned development we are now -presenting incorporate Lake Susan, --West, Lake -Susan South, we Have changed .very Little from what- it was,, although- we have:done. done. alot more deta.ti, One. major detail i.s, that at the'discretion of everybody concerned... the land north of Lake Susan was identified in the Citys,, plan as, industrial when we arrived here (illustrated on plan)_. This- particular part: shows- high- density in here.. . We are trying to follow- the. -procedure which_ is dictatedby your own ordinances-, by the 'Metropolitan Council, which, is� an agent of the State Legislature, in the. plans... and what we actually think is consistent with- the City's• existing -plans-_ Is- there anything further that you feel I' sho-ul.d expand on?" Chairman Horn: "what we would like to get into is the philos.phy of why the different housing types are located in different areas." Ed Dunn: "From the beginning this is -very- hilly, rolling ground... we.recogni.ze that and our plans- do fit that .ground. When you get into real rolling ground mpst go in and bulldoze it all, put in streets,... basically we are trying to put our. ideas around the terrian. It is. not our intention not to respect -the trees and terrain. There will be very few -trees affected by this ... ground. The wooded areas are generally, almost entirely, the green areas you see here (Illustrated on plan)_ ... Tle -work.' xnrith 'the - environ-. vent. Those_ lake problems, we recognize .that. Wa:have to address ourselves to those problems and we are doing that. row Vrhat about density, it was said earlier something about 3 versus 2 x.. 7 %is that what I heaiL-. There are two ways to licate density, I think that those sheets you have in your kits will hopefully show you. There are two terms used, one being gross density, thats the overall density, and the net density, the density that you have after you take out all the streets and so forth. The most commonly used is the gross density. Not inta part- icular block, but in the overall Man. So thats a consideration. In view of the cost of inflation, the raising cost of interest, and the difficulties ... our young people today who are our children are having the experience today that before they can get a house ... We have things called the Development Guide that was produced over a period of about five years by -the Metro Council which has now become after many reviews and so forth at community levels, state level, and everything else, has become the guide. And they can.come down.and.this and they dictate that this is the way. its going to be, that you will provide a mixed opportunity for all levels of housing. Obviously it isn't going to do any good to try and create a project where nobody can buy anything. We can only expect to build what we can.sell. We do believe we can build a good mix...If you were to say here tonight that there will be no growth in Chanhassen I could almost assure you with that news that the prospective developers would be inclined to say that we better look at this main..;The areas that you see in here (_illustrated' on map) ' :is not the, def.iriition multiple dwellings, the bulk of your housing on the la.keshore, in'the first place . there is no housing on the lakeshore, we have. given un.all the lakeshore rights to the City for park, it is true in both Lake Ann and Lake Susan. The lakeshore itself will not be built on. The green areas do indicate that. The housing in this -area is at a R2 density which would accomodate duplexes so -its not apart- ment buildings... These here (illustrated) are townhouse types things, and these are apartments. Now the reason that this is townhouse, and these are apartments, is that when Co. Rd. 17... The County identified that road and is building it, so beginning with that and also the location of the industrial park, has something to do with this. This more or less prompted to build higher densities along the fringes of the Industrial Park. Thats part of it. You have to look at terrain and study it to maybe appreicate this. This .look"s like.it all " overlooks the lake, actually there is a short slope up from the. lake then tapers down quite a bit and most of this is not apparent from the lake level. Then in turn if you have just as a general principal you don't put high density in back of low -density residential relative to the acess to the arterial street because you are running then those additional trips per day. The idea is to try to keep your higher density land uses- next to your major streets and in this case we are talking about 417. That coupled with the nature of the terrain being very -steep, very hilly -in that area, it makes sense to have a higher density building there. In an earlier plan that we had, we'had this kind of turned around. We found that because -of -the -terrain and the roadways and.so forth that it would make more sense to put 'it the other way. I. -am - trying to answer questions that comes right down to an engineering grading terrain question. Mike Thompson: "How did you arrive at your total density? Just based on the Comprehensive Plan what you could have as maximum density and then based on what kind of land you are using?" 8 .?��.77. Y`;lJ.`rT.S'W_...i`.'{"7,7 :d C - 1Y'.G �'4'n"°""`.'Y•-HS ^'- �Pc�y �" .a.p.-.y�pq�•.s r.:. �.r v... T.�> vVro Ed. Dunn: "As a matter of fact I don't think I can tell you in the first place, the Comprehensive Plan as it exists is not ~' finalized but I don't' -.think this reflects the actual maximum density indicated by the Comprehensive Plan. I would be alittle surprised if it does. Mike Thompson: "I think alot of people are concerned about the keeping of the rural charactors of thisarea and I am new on the Planning Commission. I haven.'t had the benefit of all of your meetings, but in the passed week I have spent alot of time driving through that property and getting all the material that we have here. I find it rather difficult to see where you are keeping the rural charactor and looking at your layout there I realy can't see it." Ed Dunn: "I think I should state flat out that we are developing to urban standards and we are not developing to rural standards." Mike Thompson: "According to our Comprehensive Plan, -the pre- liminary plan, states that the population of the community is to continue to grow -but that the reason the people are coming out here is to come out here for the trait which is this rural trait that I guess we all came out here for and I think alot... Ed Dunn:. "I suppose that what it comes down to is whether there exists a natural ... to retain the land, either retain land or to use land on the other side without regard to anybody elses ,W rights. The land that we are advancing here for development to urban standards is land that is served by sewer, it falls. within the Metropolitan Service Area, as defined by the Metro Council, Metro Sewer Board, and is land that has been identified as land which can be anticipated that urban development will occur. It is significant that after... we are talking about 350 acres tonight, the total land is 770 acres that we have for development under the 3 developments, and that is-5% of the gross land in the City of Chanhassen: I have never measured it but this heavy black line on that drawing shows clearly that the land lying to the north and east of that is land that is .in the urban service area and thats the land that is expected to be develop to urban standards and the land outside of that is the'land.that will remain principally in its rural charactor, it isn't for me to say that but it is not contemplated inside_ the year 2000 that there be any utilities put into that land so that for the.mo8.t you might expect a very low density type development. So we we talking about 5% of the gross land in Chanhassen, we are talking about after this is done there will be a considerable amount of Chanhassen that is not developable because of the MUSA line. Kathy Holtmeier: "I have two comments, first of all when you said it is only 5% of Chanhassen and. it is going to. double our population, what are we going to be looking at in the other possible developments, and that is what frightens me, the density of that. Secondly, when we were trying to find out more about the development, we asked if there had been an environmental impact study done and we were informed that it did not warrant the environmental impact study but something called an environ- mental assessment worksheet. 1, was- appalled to find out that 9 it was Dunn & Curry who conducted the environmental assessment worksheet. And then I realized that that was common practice, although I do think that could be biased in your favor. But I am upset that there has not been, or you have not given us, any kind of matter from your environmental assessment worksheet. Ed Dunn: "We cannot do, physically, an environmental assessment of a non -project. We cannot do the assessment until we have the preliminary approval.:... We cannot advance an environmental assessment of anything, worksheet, impact statement, without basic approval. And the first and most basic of these approvals is at the City level." Kathy Holtmeier: "I'think somebody better conduct an environmental study of this before approval." Ed Dunn: "We will be conducting an environmental assessment... Kathy Holtmeier: "But is that after the fact?" Are we stuck... Ed Dunn: "No, you aren't stuck with the project because if there is anything wrong in the environmental assessment or environmental impact statement should it'follow then that will have to be addressed. Kathy Holtmeier: "It's just one more step, you're close to your development and its accomplished by you.- You'.re-the one who has the worksheet done. It seems to me that an'impartial body should study the effect on the lake. It shouldn't be something that is formualted and presented by'the developer." Ed Dunn: "I will try to explain alittle bit about what the process is.,It has to start with the developer because nobody else knows -- what it is.we want to-do with our land. We come up with the plan that we would like to undertake with respect to our land. We have to go through. a. certain process•, of which this is- part, seeking City approvals. Tile arrive at the paint where it is- alright, but before we can proceed we have to do and that means -we get our land use concept approvals. Then we. need to do the environmental assessment. -We put. in, "assemble the data., submit it. to the City to evaluate and this in turn, r am not sure, but in the case of two environmental impact statements, that we did in the. City of Eagan, were circulated to 47 different governmental agencies. The DNR, State Water Quality etc. It was -a very long process. Now you do that when it is required to do so. if there is nothing required in this- undertaking then you don't have to do it. But we do have to do an environmental as�ses-sment worksheet..". Chairman Horn: ."T think it might be important to point out that any approvals that are given are contingent, upon the successful completion of that statement." Carol Watson: "I think that you will find that clot of people here tonight do not Have anything to do with. Lake Susan West. I think that is the point of alot of people being here. He's talking about 50 of the land but if he does that, you can bet we'll be here 'fighting this battle -for the other whatever. percentage 10 of Chanhassen Village is left to be developed. That -is our concern, if this happens now, this may be 5% of the land that he is talking about tonight, but you're talking about alot of Chanhassen Village that someone else is going to come in or Mr. Dunn himself and start this all over again. And we are going to be up here every other week trying to oppose. some project in some part of Chanhassen Village that is talking about this kind of density. I don't live near Lake. Susan. West but I am concerned about them because it is ultimately going to hurt all of us. We are not just talking about this 5% of the. land. Roger Casey: "My -name is Roger Casey and I live on Lake Susan. I-wasinterested. in the comment that first of all the builder has to know what he is going to protect on the land because I attended a meeting a couple of years ago at the Lutheran Church here where the developer said that he could live with a 945 elevation across... that just isn't the.way Bob Waibel : "We did address this in the contracts which states there is. to be nog -building below the existin9935 elevation. Roger Casey: "Then he shouldn't build it at all. Everything he has is above that elevation, then they shouldn't build anything over there. Evreything over there is above 935 contour. The lakes at approximately 928 so what he is doing is illegal then. Every bit of the development land over -there is above 935. We are talking about location in the hillside." Bob Waibel:,"I would suggest that at the time that was reviewed it was being represent as .being the 935 elevation of the north side of the shore ofLake Susan. Stakes were placed out there and that is where the City Council and -Planning Commission had toured.. Those stakes were placed on the northerly most 935 isopleth: Roger Casey: "My point is that some of these things must be relevant to getting some kind of approval because if we can sit down and say 945 is the elevation we are going .to it not.only becomes apparent that something more can be got in different ways but this changes Ed Dunn: "I think we are trying to deal with misunderstandings. I have no intention to violate that ... on that nobuild line Now I honostly can't say if its 935 or 945, I don't think thats the issue. But in looking at it I can certainly agree that its my impression that probably means roughly... and you should not expect any ... of the hillside trees...I would say that if you would like a member of your committee, Home owners Association, come in and discuss that with us we would be glad to discuss. it and tell you specifically where we think we are on that." Alan Mjolenes: "My name is Alan Mjolenes and I live on Lyman Blvd. I have just one question. it seems to me that he has not mentioned whether he is going to personally be'having one building ... my understanding is that he isn't. If that is the case, how are we going to have any certainty of the type of quality that we will end up with..." W Bob Waibel: ",Kith- the planned -uni:t devel,opmerit or the_ planned development procedure we as part of this plan revi'ew-ewe, come. up with what we call a development contract.. Aa part of the development contract with. regard to this- development here we will probably., recommend probation that would say, that all the third and fourth. phases- that are. now- being proposed, everything exclusive of the first phases: at this- time, are. 'contingent upon reviews- that would be submittal of architectual data, -Iike the apartments, the townhomes, only-inlle.far.Uy perhaps; there would be a new- builder coming in for the 'third phase 'of Lake Susan Hills, South..' Also these 'particular plans-, for the apart-- ments�, commercial, the townhomes�, would also be, subject. to s>~te plan reciiewa-. Their feasi.'bility will have 'to be. 'proven on a very detailed basI.s>., when. y they- are being proposed for an type of construction. New Horizon ITbmes is, Considering the Lake Ann PUD portion, Orin Thompson is considering Lake. Susan Hills- West, The action of the Planning Commission and the City Council in regard to these plans- will be actually, and directly, Affected.... upon those policies and objectives. _This is- the whole public hearing process. Mike Thompson: "Mr. Waibel isn't it true though. that there Is a poses: b.ility, that there are. some. building re'' itements that are. deficient in the City- code. now, for instance we don• t require garages and things like 'that do we.?" Bob, Waibel: "Th;W s, correct, we. don 't . Susan Teeter: "I' am Susan Teeter,. 1155 wi:ll.ow-Cr:eek.. is have approximately, a half an, acre of `frontage: "on Powers- Blvd. and Co. did.. 17.. We. bought our house 8 years- ago and at that time we used al1 of our property. At, this point I.- would consider half of my.pr.•operty absolutely worthless- to -me. I can't let my- children Play' out there, the traffic has- gotten so bad, our fence, we had s.pl,%t.. fence- when we moved out here ,' the f ourth time it got -mowed down we decided to take it down and leave'it down. I am concerned about.the.traffic. Ihaveri''t heard anything, what kind of. -price a,re we. talking about here, what will these. homes - sell, for?" Ed Dunn; " � would say- they, wkll be priced any, where. from $70- 140 -. 150::thousand, " Sue. Teeter: "Are. these. homes goi:n.g to be low- i ncome f am " i.es- -moving in our way?": Kathy Uoltmeie.r: "Can I` make. one. comment here. One, of use called the. Metro Council and. they, said that with. the 'completion of Ch.apparel Chanhassen. will now -be. 'e.1i:.g ble. -for low, income housing. " Sue Teeter: "Another point I would like to bring up, although the envi`ronmentaltsts say, that multiple dwellings are much more energy efficient than s-ingle family units I`'d like to point out that Chanhassen, my judgement of distance,- may be "a bit off, but I`'d say we are 10 to 15 miles -west of any, major industrial development. Thats going to be'alot of gas•for people 'to have to drive in to work. 12 I-) Another point I would like. to -make. _is, the. 'fact that T.: Would 1#,O to know- how- we 'compare. 'to our ne,ghb.'-dr_i.ng commiani ties` as- far as our minimum lot size. requirements. r think.:150.0- sqft, :�,s; will. ' a bit small. -Mr. Dunn also..... that your developmentwill. draw, - industry to Chanhassen. I think- th-6. question that may be. asked, sked, .is do the citizens of Chanhassen want industry? Thank -you" ., Jim. Murphy: "I have 4 couple. 'concerns about Mr. Dunn! g-, conqeAts. one. was: the industrial area providing all these taxes, so the 'rest of us probably, won 'It hAve. to go to work, r don't know But with the f tscal disparittea program 4 Ga of that 1a derived from that industrial area will go into a, pool and be.redistributedto the. Metropolitan area. $o i:t's- realy, quest.ionable. whether that 601 is: -marginal to support the. services that are. needed for ±t. The, other thing -Mr. Waibel: said i:s­with all this- development, the ed ta-xes�, and so 6n., it* --mar ihable whether, we're better increAs. 9 off or not so well of f financially, I think.whdt all the people are. sabring that a.s long as kta -rqargijial, le. -Es- keep it. the way, it -Lp,, and keep it rural because. apparently. there 'are. no great ad Th ' third thing is- thd -MUSA line.' 1, would like to vAnt�kqres,. e k - ",t so converiien�t that that line make. q point of that. -, Why is i y goes.- around Mr. Dunn k s� property. I.-Im say that its not the Metro Metropolitan Waste Control dQunc4l that sets` i�t,: it"s, not the. Coi u ssi.on that sets- i:t, itks, th& City, here, and its because Mr. Dunn owns- the 'land. That .line. has- changed' many time so it's local pol±ti'qal influence' that changed that MUSA line. . I wish. youWoUldri "t blame it on the. -Metropolitan Council. - Another point now , c HPA, encouraging o u,raging on-qite, systems- if you h4ve a place for it, We. won't. need u.rbani�zati.on like, thi,-., we are finding tha ' t tt ih s- -cea:per to treat sanitary,,waste. 'on-§1te, if your lots: big enough., your.,,. are,appropri.4te., _tts.% actually, cheaper than col, ec t�.ng i�. and taking down town and treating it at thd l r Metropolitan Waste. and WaterZreatment.Plant_ So their actually offering an X:ncehtkve.'in terms, of federal..... to go this, way-. There__age, other ageh cies and federal agencies- that realy don"t ag3ze.e- with-allthisurbanj.`zatton- tht$:- -far out... ThiEink.you. ChAi;r-.Man Horn I. would- like. 'to -Make. one 'comment regarding that. We. receive. -the. pubLi.caktion.5, of the. Metropolitan Council and with. regard to the. �XUSA Line andhow- i:ts� set I,"m.not sure. what the i of luences, a1r1e, and how- that.:. goes:-, but I' do know- what the influences are of the 'Metropolitan Council are, as, far asp housing - types-- and -whAt:theyl�are pushing for that. way,.. They are. pushing I do know i_n for things t1j t, are higher den sity sity- and Marcia• Ktrimchak: "'I. am Marcia KUrirnchak, Greenwood Shores-.. You have made reference. 'to the Metro Coun.ciJL,_and Mr., Dunn. T dive. thd.'impression that or to g not:�qe,d two or three. tides: thigh. 'denskty�.housinq and he Metro Council approves, wi h_thts� .t. this-.. They They, say, they,are s. not true,.' Th will deny, it -trying to encourage. - development within thd 'inner cities-, thdy- do, not encourage, high 'den's-ity, housingh -anyN i ate. 3'n_th&. 'Qut.; ViAcj 4?q1e4*- -*A.vQ!ved, t4d. ­4,_tbey dQrOt because of the enet(jy, th.dts� they, sal. encourage. it all all and thdy., cannot be, blamed for any conne_qtipn in this at all." 13 "There. was: -e that, Marcia Kurinchak: 4- somethtng els, �t, Was,,, said,, 1. don't know- if it can be. answered, i� don ."t even knQw- tf I, can get in trouble for asking it. Apparerit1r, some -individual has, said been there at the 'Metro Council and has- been bragging, and I repeat bragging, that he. will get the 'population of Chanhassen. past the 15, 00-0 mark. between 5 and 7 years'.. Now- it -would be interesting to know, who this- gentlemen. is" or, the' ' 1ndiViaua 1 is,, and see if maybe this- is why, it has, gotten -as, far as> it has-." Chairman Horn: Ili would lik-e to recommend to th6s,.e of you who Haven't seen some. of the lietropolitan Council public ation S-, we. have them on, file at thei- City Hall and T think. -it would be i`nter­ esting. for you, to go and see them."' Jim Meyer: "One last question Mr.. Dunn, why` can't you double the. lot size. and cut th.6 number of units-': n half'? Ed Dunn: "The question wasp why can't T,- double. 'the- -lot s�izes�. There.;are two things we have, heard quits -. 'a bit of" cU.scus'slon za)5.out tonight. If t, build, say perhaps -my-- lot* width. is- 94 f e.e.t for example, and I go to 100. feet. I, have. an . average 'lot width, of 9-0. feet, today, .it costs- approximately $20, 0-0.0 to -service that with. uti`lities*lf now- that includes, that lots., portion of the street imprQyeiijen't, if T� thbA-;(jo to 180 feet I, double that cost. You can find it in the 'engineering statistics- thdt'-thd cost to maintain a street over a.period - of ten years by, thd City approximates the original cost of the.- street. So I-.-. got a' $20., 0.0.0- coat plus- I have doubled or more -my, costa, i, had to service that street.. There. would be. prob-lbt . because. I, would never, sell the- lot at todaysN costs,... I., would not develop the ground is' thd first reason, the 'second one ks- it would be:very- expensive -and we do not have. 'a -market and the City, would have- a very- high- maintenance coat per* -unt, that pers-ons', taxes- then would have -to be. -tremendous.. Th'6re-,lp- nothing . in the picture. today that supports -moving in that cli�xectton' and 1, think- you 1 11 f ind evtdence of that if you. ,Kiil read the- Metro Councj.l " s- ho-us,tng policies-, their current development guides and so on. You can call over there, they, are -very,. good about surrending thisinfo'rmation. . Sometii-Aesthey w -ll charge. you a dollar, or s-E) for the'se 'booklets. Call the- -Metro Council in 9t. Paul and tell them what 'you want, that is what - I do. Ir. Walter Thompson: , "'Pre-aently serving -my, third term on the Planning Qommi,p.ai.on to the. best of -my, knowledge. I thas ' t-MU$A Line ia still where it was- when :j� joined the Commtas-ion. 1. am not aware. that it hzi.s� been changed nged in the 'last 6 or 7 years-, at least in our 4req, It ,ark, Zoe-gler: "My, name is-, Mark, Koegler, I am with, the City, planning p,taf f " I• am -mostly responsible1 guess.for the. Comprehensive Plan, and coordi�ation of ..thdt'with- 'thd. Planning Commtg�slon. We have beexi, working on that for some. time,- I' have clot of dealings with the' Metropolitan Council, Hopefully- I' am not thEi. one that anyone has- tagged for being over, there bragging about how, we .-are trying to. grow- because -tha'ts, never been the 'case.' Clark Is referring to the City- of Eden Prairie that completed their Plan in draft form probably- two months= ago, they, submitted it -to the Metro Council for review, after they had submitted to adjacent municipalities- as- 14 ' required by law, the Council reviewed their plan, they specifically targeted on certain areas, and I don't know necessarily what they found fault with, I know in general terms that the housing element of the Eden Prairie plan was one of the things that rendered the entire plan unfit for review. What the Council did then in esence was give it back to the City of Eden Prairie and said these are the things that need to be changed. Alot of that had to do with housing, specific goals. Again I.don't know.what the specifics.were_im their case and why it was thrown back. I haven't been furnished with that information. There was a.comment made earlier about subsidized units. We are under the housing plan again of the Metropolitan Council, and Chanhassen, as well as every other community in the metropolitan area has been allocated what they call.fair share of low and moderate income units`. This is one of the provisions. -of' -.the metropolitan land planning act, in fact its on of the only provisions of which we actually have to.do and the City of.Chanhassen has to provide housing for the low and moderate income individuals. They have given us a target goal of 280 units as a minimum over the next 10 year period. That is in writing, I have that available in the office as well as many of the other publications that have been men- tioned tonight that you are welcome to look at. You would have to look at them in the office. Anyway thats the type of goal they have set for us in`:terms of overall low and moderate income housing units. They further tie that to a 3 year what they call a £air share goal which is tied to federal funds. only, it does not look at state funds. When they look at that they are talking about 26 to 28 units in the next three year period. I would point` -out I guess that I don't believe that the housing we are talking about here necessarily -qualifies as low and moderate income. That would be a designation of a unit that would sell significantly less than the lowest price unit you are looking at here. What we have to do is recognize in our. plan element that we are going to somehow work towards the realization of the goal that they have established. If we fail to do that, first of all, our plan will be thrown back at us just as Eden Prairie's was, it won't be reviewed. Under the law there are certain legal complications that can happen.. In essence what it boils down to is if we don't prepare a. plan that is approved by -.the Council, they can basically prepare a plan for us. Obviously we - don't want that to happen. The way that they realy get the teeth into the matter is that the Metropolitan Council is what is known as the A95 review authority for the area as a whole. That means that they review all. of the federal furiding, state grant applications and so forth that any community goes for, whether it be community development block grant money, LAWCON money for park, aging and senior centers, you, name it, they have got a very broad base power there. In. that review they can say that Chanhassen has not shown progress towards meeting its housing goals, therefore, we would recommend denial of whatever grant or whatever is that we are going for. It is that particular point where realy, they have the emphasis of the law." Mike Thompson: "Within the PUD concept you can solve some of these problems by definition." 15 Mark Koegler: "Yes, there is enough flexibility within a PUD that you can solve alot of problems." Bob Waibel: "I would like to add to Walter Thompsonts comment before about the MUSA Line... Chanhassen is kind of unique in that it is probably the only community that has a legal description. of the MUSA Line... Dennis Baker: "I keep listening to density. If our City _plan allows for this type of development with this types of density, there is nothing wrong with Mr. Dunn, there is something wrong with our City plan." Ed'Dunna "Before I find myself in the position of that person over at the Metro Council we have, in with New Horizon, we have entered into agreement in which under they would have the rights to develop the Lake Ann property. The proposal is that they specifically would develop Phase I and that would be discussed at the hearing on that subject. In the. case of Orin Thompson, we are in the discussion stages with them, we are trying to make our designs.:. compatible with their needs of market for product and it only involved Phase I of Lake Susan West and maybe I haven't well enough described what Phase I, that would be the big numeral I west of 417 and would involve principally single family dwellings. (illustrated on map). The other property we have no commitments on. If it occured we would be either handle on going options or seek out other builders. I just like to keep the record straight, if you see Orin Thompson_ tomorrow he has -not'_.signed our paper." Don Koppen: "Don Koppen, Sunset Trail. It .is my understanding that we will again discuss the Lake Susan Hills West after the next meeting. Again there will be some more discussion Chairman Horn:_ "We have the option of either extending the public hearing, extending public comments, or extending our discussion and recommendations. I believe that we.will obviously extend, our recommendations tonight until some later date since we like to hear..." Gloria Cox: "As far as Mr. Dunn has reported tonight, everything is kind of in a planning stages-... if there is going to be more people moving into our area .and there will be more problems, that we will need more police, .fire officials-, so forth, I haven'-t heard much mentioned about whether Chanhassen will have to have its own school because Excelsior, will they always .be able to take an overflow -of children into their -school district? Will we have to eventually build right here in Chanhassen for our children because we can't take just a gross bunch of kids, and keep shipping. them...Is there anything in the planning?..." 16 Bob Waibel: "We have had several meetings with the superintendant of schools and we are expecting some more review and research data from him regarding the overall planning of the school district. He may also have some comments included by the school board..." Art Partridge: "We have here Judy Blanchard., who is the editor of the Carver County Herald. This is your newspaper. I assume that most of you are here because you got the mailing. The Carver County Herald does cover all that goes on inChanhassenthe best they can and it gives us alot better coverage than we would get with most papers. We had somebody approach us about more meetings, I would suggest that you subscribe to the paper if you haven't already." Michael Thompson moved, Art Partridge second, to extend the public hearing until April`9, 1980. Those in favor: Art Partridge, Michael_ Thompson. '.posed: 'Walter Thompson, Jim Thompson, Tom Hamilton, William Johnson, Clark Horn. Motion, denied. Walter Thompson moved, William Johnson second, to close public hearing regarding Lake Susan West. Those in favor': Walter Thompson, William Johnson, Jim Thompson. Opposed: Clark Horn, Tom Hamilton, Art Partridge, Michael Thompson. Motion denied. Tom Hamilton moved, Jim Thompson second, to close public hearing portion and that the Planning Commission receive written comments from the public until April 2, 1980. Motion carried. 17 LAKE ANN P.U.D. PUBLIC HEARING CHANHASSEN PLANNING COMMISSION APRIL 9, 1980 7:30 P.M. _ CHANHASSEN ELEMENTARY SCHOOL, LAREDO DRIVE Present: Chairman Clark Horn Walter Thompson Art Partridge Tom Hamilton Mike Thompson Bill Johnson Jim Thompson Bob Waibel, Staff Mark Koegler, Staff Craig Mertz, Asst. City Attorney Ed Dunn, Dunn & Curry Jack Anderson, Dunn & Curry Stelios Aslanidis, Urbanscope, Inc. Greg Ingraham, Urbanscope, Inc. Bruce Paterson, Dunn & Curry Julius Smith, Dunn & Curry Greg Frank, New Horizon Homes. Gordon Smida Mrs. Smida Roxanne Gregory, 7091 Redman Lane, Chanhassen Dale Gregory, 7091 Redman Lane, Chanhassen Sandy Smida, 7081 Shawnee Lane, Chanhassen Laureen Kurmichak, 7130 Utica Lane, Chanhassen Carol Watson, 7131 Utica Lane, Chanhassen Marcey Kurimchak, 7130 Utica Lane, Chanhassen Al Krueger, 5733 Oliver Ave., Minneapolis Donald Chmiel, 7100 Tecumseh Ln, Chanhassen Robert Anderson, 7090 Tecumseh Ln, Chanhassen Marjorie Anderson 7090 Tecumseh Ln, Chanhassen Judy Landkammer, 6901 Utica Lane, Chanhassen James Landkammer, 6901 Utica Lane, Chanhassen Richard C !':?; 6991 Tecumseh Ln, Chanhassen Ken Earhart, 6880 Utica Lane, Chanhassen Pat Swenson, 9015 Lake Riley Blvd, Chanhassen Dale Geving,- 7602 Huron, Chanhassen Scott Reinertson, 6801 Utica Terrace, Chanhassen Jim Schluck, 6800 Utica Terrace, Chanhassen Claudette Schluck, 6800 Utica Terrace, Chanhassen Danny Spindler, 6871 Utica Lane, Chanhassen Ray Bocke, 7071 Shawnee Lane, Chanhassen Gail Murphy, 8500 Great. Plains Blvd, Chanhassen Jim Murphy, 8500 Great Plains Blvd, Chanhassen Norm Grant, 8504 Great Plains Blvd, Chanhassen Richard Nieland, 8510 Great Plains Blvd, Chanhassen Marion Nieland, 8510 Great Plains Blvd, Chanhassen Marian Paulson, 8528 Great Plains Blvd, Chanhassen Walter Paulson, 8528 Great Plains Blvd, Chanhassen Wayne Holtmeier, 8524 Great Plains Blvd, Chanhassen Kathy Holtmeier, 8524 Great Plains Blvd, Chanhassen Antoinette Bacon, 626.1 Murray Hill Rd. Chanhassen Sue Teeter, 1155 Willow•Creek, Chanhassen t Jane Partridge, 6280.Hummingbird Rd, Chanhassen Ellen Chilvers, 6271 Hummingbird Rd, Chanhassen Mr. Teeter, 1155 Willow -Creek, Chanhassen Nigel Chilvers, 6271 Hummingbird Rd., Chanhassen Roger & Nora Casey, 8506 Great Plains Blvd, Chanhas.seri Dale Streimiker, 7141 Utica Lane., Chanhassen Janet Arnold, 6850. Utica Circle, Chanhassen Merridith. Arnold, 6'850 Utica Circle, Chanh.as.sen Bruce Arnold, 6850 Utica Circle, Chanhassen John Cox, 69.9.0_ Shawnee Lane, Chanhassen Gloria Cox, 699-0 Shawnee Lane, Chanhassen Don Gale, 840.2 Great Plains Blvd, Chanhassen Edna Lawrence, 8520. Great Plains: Blvd, Chanhassen Kris Maher, 7101 Ut.i.ca. Lane, Chanhassen Gerry Maher, 7201 Utica Lane, Chanhassen Maggie Youngquist, 6960 Shawnee Lane,. Chia hasseri, Jim Way, 1116 Ut.icA Lane, Chanhassen Steve Albrecht, 6.951 Tecumseh.Ln, Chanhassen. Jan Lash, 6850 Utica Lane, Chanhassen Dick. Lash., 6850 Utica Lane, Chanhassen Rick. R.iec'e.rt, 52G Lyman Blvd. Chanhassen Diane R%egert, 520- Lyman Blvd, Chanh.asseh O. Frederick_, 540, Lyman Blvd, Chanhas.s.eri. Cheryl. Frederick 540 Lyman Blvd, . Chanha,ss-en - Russ Frederick, 540.Lyman Blvd, Chanhassen, Delmer Hedlund, 70.90. Uii`ca. Lane., Chanhassen Ruth. Hedlund, 7090. 'Utica Lane., Chanhasseni Chairman Horn called the mee.tiii5 to Order at 7:30. p.m - APPROVAL OF MINUTES 'tom Hamilton moved, Art Partridge 'seuond, to approve. the_ Marckr, 5 ,r 1980 Minute.sl. Motion carried. Three 'abstentions. Walter Thompson moved, Tom Hamilton second, _to note. the. City - Council Minutes of March 17,.19.80, -yMotion carried. Walter Thompson moved, Art Partridge second, to note the_ City Minutes - Countil nutes of March. 24,.1980., Motion carried. LAKE ANN PUD PUBLIC HEARING Chairman Horn explained the. procedure and purpose of the public hearin9r.. It is noted that the Planning Commission ha.s sl_xty 'C"T days after a, public hearing to make, recommendations,- . Ed Dunn: "I see many faces that are. becoming familiar, I. will. giVe a very quick. 'overview -of what this is all about _ I. would lie- to say that in the last week. there have. been two major things., I have. lost one year, off of my life, I had my 58th birthday yesterday- and I. also was talking with, one of the ladies here. that expressed an apprec.fati'on of the fact that weatleast could talk and that per_. naps she could see -:that were among the Best of the worst. I- w:U1 describe first, and by the way, can every body_ hear me alright? I am very anxious that everybody hear understands what the total picture is, we have 770 acres of land in the City of Chanhassen that is our proposal to develop residentially, we are also half owners of the Chanhassen Lakes Business Park... At the suggestion from a joint meeting with the City Council. and the Planning Commission, we are processing these PUD's (Planned Development - Planned Unit Development) in three parts. It was felt that because of different area interests, this property ranges in. the City from Lyman Blvd on the South to and abutting Greenwood Shores. That is the specific subject right n.ow before us here.. That is 220 acres, and the other two PUD's are 550 acres total broken down roughly as 350 in Lake Susan West and 200 in Lake Susan South. There has been alot of discussion about this, and again I realize, I am repeating this, but our total land develop- ment involves approximately 2200 dwelling units (households).. This can be an apartment, a townhouse, other forms of housing like quads, double bungalow, single family detached dwellings. I would like to say, the condominium term applies to the form of ownership, it is very common today in higher density forms of ownership, such as townhouses_ The quads have this type of charadtor also. The single family detached is the form of develop- ment such as Greenwood Shores and Lake Susan Hills_ The other thing that we talk about is densities. The total density of a project,is the gross land area that we own divided into the num- ber of dwelling units. Now as I indicated, there is a total proposed dwelling units of approximately 2200,. and I think I am a few over rather than under, and there is 770 acres of total gross land involved approximately. Accordingly, then, the overall density of which we propose to develop is under 3 units per acre. Now .i.nyterms of density, I don't want to mislead you, but in terms of density, which is the intensity of land utilization, we are talking about what normally is classified as single family detached or low density range which is normally 1 - 3 dwelling units per acre. Now that is the intensity of development that we are talking about. Yes there are some areas that we have identified. that potentially will take apartment buildings, there are others that take a lower density than this. Now I am speaking of the total overall average_ Now in the three different PUD's, you will see there is a different intensity (overall density) because of the nature of the terrain and the nature of the development. in view of what the land and the location is. So they aren't. necessarily consistent from one to the other in terms of the total overall density. Another, point that I would like to make, there is another figure that we have displayed (in the booklet 'You're Entitled to Know Your Neighbor Better'). If I have 2200 dwelling. units and 770 acres of land, ray gross density is approximately 3. When you get down to net density, the other term you see referred to, is the intensity of development after give -ups for ?aublic roads and public areas. That is the bulk of the land give -up. If we were to sav, for example, that we gave up_ a third ot the land and. had about 500 acres and had the same number of dwelling units, than our net density rises. I think you would come up with something like 42 overall net density. I am not trying to be site specific, I am trying to explain what appears to be on the surface. Now back to just we are proposing. In general I have indicated that we have three planned developments. We shown phasing, which is the starting dates proposed. Nothing has happend in the last six months to accelerate those proposed dates. The trend now is slower rather than faster. This program will extend from 8 to 10 years, which is somewhat more than 200 dwelling units per year.. Now this is compared to other areas that have grown more rapidly, it is not a very fast rate of growth.. It is considerably more growth than you are accustomed to seeing in the City of Chanhassen. The other areas of concern, oh by the way, as to phasing. In getting down to specifics with Lake Ann, phase- I is indicated here (.illustrated on sketch), it will be a group of buildings located along #;17. It would. consist of primarily quad units. The reason .for that is that under. the current market restrictions of financing, its practically the only kind of single family dwelling unit that can be financed today by the average person out there working in the market. We did some quick checks, if you look at the amount it takes to have a $60,000 mortgage (most of these will sell around the vicinity of $8.0 thousand) if a person paid $20,000 down and had a $50,000 mortgage•at todays interest rates (FHA or GI form of loan, there is no conventional available) it would take an income in that household of $30,000 per year. This is an important social issue, many of our young today cannot afford to own their own home. They have a very difficult time qualifying for something like this. We are talking about housing that is affordable. Phase I will then be as I described it. Our plans are the City's-plans,and how we come to that is from 1972 when we first began actively planning this, and the existing plans, we have tried to follow all of the govern-- mental developments along this line involving the planninq for utilities and services that exist at the local level, those that are being promilgated at the Metro Council and Gtate. Legislature - 1. I am speaking of the fact of life. The` Metropolitan = Land:Planning Act, if it does not dictate, it certainly suggests strongly, what kinds of things a community should be looking at to do good planning and avoid problems. We have tried to observe those things and we follow them, we don't lead, we cannot reinforce. If we have a problem in a community, frequently in subsidizing in -one form or another, that thing that is needed, we cannot help. We do 'not dictate in any community,. or Metro Council or State Legislature level. Our plans are based on what we found existing and have they have been developed from that date to this. Now, as I said, I have the map here that was of that existing sewer Plan which by the way, most of the element of which were planned to have been built by 1980 and most of which were realy only portion of that Lake Ann trunk through the Industrial Park is the only part thats been built since that time. There was the Rice Marsh Lake branch that now has been extended to Lake Riley. We had nothing to do with that trunk, it came about as a problem developed in the Lake Riley area. This then is our proposed extension of existing trunks in the area. (Illustrated on sketch). As to who is going to pay for this and as for assessments against other properties, we have indicated to the City that it is our intention to put these in and to pay for them at our expense. Now there is a fact contained here that if there are properties that aren't benefi.tted that go beyond our own boundaries, that they will then, at the time that owner outs to tie into and use that trunk, that we would expect that owner to assume their fair share. Part of this is boring out of City Assessment Policy, I am not suggesting that they literally 4 abate assessments, I am not in the position to do that, it is . the decision of the City Council, but I am suggesting that we follow the pattern that we did on the Industrial Park sewer, we take the liability for paying.full cost, that is an important fact, then secondly, at the discretion of a property owner, or the City, when that property owner wants to hook on, they will be expected to pay their share of the costs at existing rates. If I express any thought here that doesn't jive with City policy, please interupt me. This then is the drainage plain (illustrated). It is controlled drainage, generally sneaking, if you could, accomodate it, you would do all the drainage on the surface.. That doesn't work in many spots, we will have to use pipes. There is another factor, and that is that run-off by law, cannot exceed naturalamountsbefore development. The Watershed Districts have a record of decreasing run-off under development rather than permitting it to be increased. I am talking about rate of flow, the total flow is going to be the same. It is the rate of flow that can be accelerated by development. We create ponding areas, and try to reinforce those in a way then that they obsorb or slow down the rate of run-off. All of these thinqs have to. be approved by the City Engineer, by the Watershed District, etc. There are many other agencies that look us over very closely. We have done more engineering on these sites than is normal when you come into this stage of .... technically what we are concerned with now is land use and densities. It has been, your ordinance makes it clear, at the perogative, we are asked to talk about some other things_ We have attempted in a preliminary way to . answer some of the questions like where are the streets going to go, where and what are the lot sizes going to be. It creates alot of confusion when it gets down to it, that a preliminary plat is general, and the specifics and more final examinations on utilities, drainage, and the whole engineering aspects, and so on are looked at again. This now is a general planning thing that we do. We ask that this plan here now is acceptable by the City, then we come back and deal with specifics. Architectual design, set -backs, screening and landscaping are specifics also. Now in getting more specific about Lake Ann._ There is 216 gross acres in Lake Ann PUD. Out of which 12.7 acres are proposed commercial. Our logic in that is that .it is continuous to the . existing central business district, it is not literally contained within the HRA district, it is a natural extension of that. it is separated by topography and also being served by' roads that it is we think the logical. place for a neighborhood shopping, convenience type center. There is duite a deep behind it and. some very steep slopes to the North and the West. This is the logical place to us where you put higher densities. Next places would tend to work from light commercial or industrial to the higher density residential then lower density use, down to the single family detached dwellings. We have tried to follow that rule or general practice here_ I proposed high density or apartment unit con- struction would occur around these steep slopes that do face this pond. We then get into the doubles and quads types density__.. to the same charactor of use. that is the single family detached dwelling as now exists in Greenwood Shores. Now I don't want to kid anybody. The size of the lots will be smaller than those in Greenwood Shores I think there is a historical reason for that. 5 I think Greenwood. Shores was originally developed as a large lot without utilities. It has now been served with sewer and water but that would help explain that. We propose.to put in single family (72.3 acres) detached dwellings. There is a proposed 170 units or houses. This gives us a net density of 2.35 units per acre. The range normally would, run from 1 up - to 3 units per acre. lie are alittle bit on the low side of the average size lot. Now your ordinance provides for a minimum lot.. size of 11,700 square feet under a planned development,. and I think that in by comparison, I think your normal zoning ordinance calls for 15,000 square foot lots, and that is what we have to average, I think. " Art Partridge: "Average lot size is all the lots, exclusive of road right-of-way, divided by.the number of units that 1s. proposed." Ed Dunn: "The ordinance does not say whether.a lot that is 15,000 feet is 100'x 1501. We will discuss all. this further at our meeting on Saturday, everybody and anybody is welcome. I will be there at 8:30. Back to Lake Ann. The green area here (illustrated) through your Park Committee, there is a plan that they are trying to pursue.._ The Park Committee has requested that we provide an. amount of park of 19. some acres as an extension of existing Lake Ann Park. it accomodates ball diamonds and tennis courts.- We have agreed to make available in public holding the lakeshore of Lake Ann. to the extent of approximately 80 feet along the lake. This is a long standing objective of the City to have public areas around the. lakes. We feel that is appropriate. There are approximately 22 duplexes, 42 units, and 82. quads, and an apartment building area is 25 acres and would accomodate 250 acres (10 units per acre) and that is a low apartment building kind of density.. These are not high-rise apartment buildings. The last phase of this develop- ment will not be started, by earliest projection, before 1983_ It is this area in here, it is a steep bank area, next to Highway 05 and next to the commercial, and between that and the quad units and it would accomodate 250 units total on 25 acres.._ design of these buildings will be discussed at more specific Planning. I think then I have pretty well covered the grounds of what this project consists of. At the Chairman's pleasure___ Excuse me.. This is a better display of the kind of development you are looking at (.illustration). This is a schematic d.rawi,nq{ Terrain is being respected in these plans.. The roads are curvilinear to some degree, we feel this is more pleasant, along with fitting the terrain.. Any other questions? Thank you." Chairman Horn: "At this point we will entertain public comments_ I would like each of _you to come up to the microphone., state you.-. name and address so we may have it as a matter of public record. I would like to ask that when a certain issue has been addressed you try to address a different issue so we may have as much covered as we can." Carol- Watson-. "My name is Carol Watson, I live at 7131 Utica Lane. ..the over all density of Lake Ann is 4.5 units, 79% multi -ale dwellings and I hardly think we need a commercial district�3/4 of a mile from the central business district in the middle of Chanhassen. M. Carol Watson further on the Interested Greenwood Shores report (Attachment # 1) . Ray Bocke: "My name is Ray Bocke, I live at 7071 Shawnee Lane. What I am saying is that living in a place is one thing, thinking that you can understand how the people feel is another thing. I don't think that unless you have been in that situation can you honestly say that... We are just trying to get a feeling of how you feel because none of.you are in the same situation we we in.. W6 would like to know, we have no way to judge." Clark Horn: "I think that some of the members on here are in areas that have been in similar situations Some of us live in the older parts of town and even in the older parts of town there are these types of situations. Although we cannot relate to this particular one; we can relate to the other development that we have experienced." Al Krueger: "My name is Al Krueger.' I just participated not too long ago in the republican caucus out here and. you as City repre- sentatives, you, in setting aside all your other input outside of your personal views, in using your personal feelings you owe us the right to tell us what you feel. It happens with the republicans and democrats conventions, we have the right to ask you questions as our City officials. The other thing I just want to tell you is that in Bloomington there were pheasant, deer, horses, there were rio regulations controlling that. Bloomington is in line for dog leashes now, for cat leashes, you cannot have a horse any longer, you don't see a pheasant any longer. The four plexes that are presently being developed in West Bloomington have scared all the deer completely out of that area. There are four plexes and duplexes that are going into Eden Prairie that are directly west of Bloomington. The deer are getting scared further away from that. Where are they going to_go next? They are going to be on the endangered list someday too, especially in our living environment." Art Partridge: "You are here to express how you feel_ It is very evident how you feel. We are asking you for specific comments. Our nosition at this point is only as receptors." Kathy Holtmeier: "I am Kathy Holtmeier, Great Plains Blvd_ I think it would be premature and irresponsible .for us to ask them how they feel at this point. They have said themselves, they do not have all the evidence. They cannot make a good judgement on this development at this time." Art Partridge: "In all fairness to the community and the neighbor -- hoods, and to Mr. Dunn, I have to assume that most of you are here - because you are unhappy, against it. V7e had one lady that was kind enough to step forward and say she was happy with it. We take everything into consideration." Bob Anderson: "My name is Bob Anderson, 7090 Tecumseh Lane. - I'd like to address... I heard comments before that the Environmental Impact Statement or whatever it may be, will be prepared by the developer. To me that is the wrong place. I would expect that the 7 Ml ., environmental statement would be prepared independepttly. I would expect.also that it would be reviewed by the committee.. I think we have a track record. Before we were discussingthat the ... stations in Greenwood Shores periodically goes through that, we do have a problem. Thats a track record. Ive also have a problem that in heavy rains the water will run down the roads and right into Lake Ann.. We heard before that the concern is the -rate of run-off, I would like to submit that we should be concerned about the quality of the run-off. That is the run --off from. lawns that have fertilizer on them, this runs off into the lake_ What provisions are being made to take care of that? How much examination has been done on the aging of Lake Lucy? Do you have reports from the. DNR that the lake is aging faster than its chronological age? 11hat is being done to protect Lake Ann from that type of impact? I would submit that even though its not common that full. environmental impact statement .has been done .for this type of community in the past. There is no reason to say it cannot be done. And maybe it is time that we do do it, maybe its time that we protect our community." Art Partridge: "...I know that in the original site plan which was given to us before we scheduled a public hearing the area . that is left of the road that is in your Phase I is now duplexes with.a significant portion of it as single family.. I guess what I am having trouble doing is collating what the various number of units are going to be in the actual proposal, understanding that this whole thing is flexible until we get as far as a final plat." Ed Dunn:. "I'm not able specifically to answer your question because, I would appreciate it if I could take that to my planner and have him answer it." Art Partridge: "For general purposes then I can assume that the information isn't the same information that is in the book." Ed Dunn: "There is a gradation or change that can occur from previous happening up to this point. I would like to say that we have come down on the numbers distributed in Know Your Neighbor and as not to sav we think there is something sacred about that number but at the present time it does represent our best guess as to what it is comprised of. I have said we are working here with a degree of accuracy that needs more focus as we come to more specific parts of this development. This will be circulated again when we get to that." Art Partridge: "As it was originally proposed to us, Phase I of this development, which is entirely along Highway 417, consisted of a number of quads and a number of duplexes and 6 single family dwellings. All the singles are currently eliminated from your Phase I proposal. Is this correct? Basically all we are doing is starting this from the highway with multiple units of one sort or. another." Ed Dunn: "The, in terms of total context of the plan, the. multiples 0 appear to belong where they are, however, it is correct that it is proposed that Phase I would be as shown on here, which consists of quads and duplexes, duplexes being a gradation oaf use towards single.family." Art Partridge: I would like to rephrase Ellen Chilvers c{uestion which is how does she get to the park, she lives in my neighborhood. and we don't live anywhere near this, we live in the northern end of the community.- I am looking at the road which weaves into the park.. What are the/road accesses to.the Lake Ann. Park as it is proposed to.be changed?" Ed Dunn: "Well the road access to Lake Ann Park is existing off of Highway #5. The schematics that we did, and this is, by no means cast in stone, but it is more blownup here on this draft. It shows that it comes into common access off of Highway #5 and conies off of that, now thats what the Park. Committee, it is up to them. It is a schematic, we have offered this to them as -a. suggestion of what they might do. I am sure that by no means that that decision has been made. In general the access to that will be through the existing Lake Ann Park. There is nothing though. as long as you have a public road and a public park, such as Greenwood. Shores has both, that would prevent anybody from entering. and coming through. Subject to this it is certainly for the City to impose what kind of parking regulations and that kind of thing, and control that.. It is not my perogative to that, it is the City's." Art Partridge: "What I am driving at I guess is a wrong channel of thinking. Walter, did you have a comment on County access off of Highway #5?" Walter Thompson: "Not in regards to this. My question was on the Industrial Park." Unidentified: "Up. on the sewer and water map, I take it. on some of these areas there is sewer and water trunks up to a. certain...." Ed Dunn:. "The sewer trunk now exists as I indicated as shown here in the orange and comes to this point in. the first Phase of the Industrial Park...South of Highway #5 at this point. It would be necessary in order to do this that it come out this way and go across the road (.illustrated). This is the proposed water, again this is schematic, its not final, I call it a -pre-engineered drawing, its interesting that this was done sometime before the feasibility study was completed by the City Engineer. What the feasibility study would indicate is this hook-up can't work now with the exact con- figuration as shown here but..." Mike Thompson: "How would that be financed?" Ed Dunn: "Financed primarily by us, and of course it becomes part of the total improvement which is returned out of sale of the lots, the land, improved land. Mike Thompson: "So the City wouldn't have to sell any bonds for that." 0 Ed Dunn: "No, its not my intention to ask for public financing for these improvements." Art Partridge: "Could I go a step further on that, its just to clarify in my mind is what the proposal is in regards to sewerang and watering where you're only attemping an initial, very small. development in terms of construction. How much of the sewer and water go in before Phase I starts?" Ed Dunn: "The answer is that at this, point for this purpose we. have to put in the necessary hook-ups that make it functional. Now, elementaly that will be at the discretion of the. City Engineer. and the Council will of course, the Engineer works for them. They will decide that as to whats functional, I think what I said is that they don't necessarily insist that you go and extend these pipes, they are very expensive. Unidentified: "What do you imagine what would be a ballpark in the cost of sewer and water. Do you have any idea?" Ed Dunn: "I am sorry, I have no idea. We have standards that we are aware of that were applied to other areas; so I could. tell you that in general it costs about $100 a front foot on a lot today to provide services, street, curb and that includes sewer and. water." Unidentified: "Now you go out, borrow the money andput these improvattents in and the land is sold, and you get paid back. Whats it got to be, a couple, three four million .-dollars?" Ed Dunn: "I would think that atleast." Mike Thompson: "How do you feel about the fact that these people are opposed to density? Do you see any alternatives to this as far as your concerned?" Ed Dunn: "I think that concern about density to some considerable degree is in the mind of the beholder. The expression that I hear is that we want low densities, I hear that very loud and clear. My reaction is that based on an overall concept this is low density. Then I hear another statement that says, we want an R2 density.' now thats a more specific thing, and I feel that with good design that its entirely possible that you can get a more desirable development with densities other than R2 or other than R3, if you please, when we go into the townhouse mode, at RG that that doesn't realy define anythinq except an overall concept of land. use. The quality of that development is a function of the ascetics, the handling of the ._. its cost, which means of course, if you don't sell it, so you have to be cost affective, you have to be terrain affective, and ascetically affective to make this work. I think that it is entirely possible that if you study this you will find that there are areas that look beatiful and you might, if you went back and checked, that the density of R4 as compared to another one that doesn't look so good_._ " Unidentified: "...alat of people, atleast I do, people that live by Greenwood Shores, as they drive in an #17 they look over and see a development by New Horizons and it is some stages of development and its alittle hard to tell what its going to look like and certainly now it does not look very appealing to men: These quadrominiums are you know a lay out, that you state, and other developers state, that thats the only way to finance today. On the other hand, we can't say that finanaci.ng _.." Clark Horn: "Whatwould be the feelings be if this were this type of density with single :family housing?" Unidentified: "I :,could be opposed to that. I like the..." Unidentified: "How can you say that it would be this type of density when it is only possible with multiple dwellings? What kind of lot sizes then would there be?" Carol Watson: "I am probably. -..a residential single family lot 11,700. Ok. Then you go down to a duplex, 15,000 square feet. To me it looks like they are putting a second unit on 3300 square. feet." Then you put 18,000 square feet per quad home, you're taking 6300 square feet and putting... who houses on that, so you •are not talking about the same density. You have a 18,000 square -foot lot and you're taking your 18,000 square foot lot and put four houses on it. I am probably xiiave about all these figures, but thats the way it looks_" Art Partridge: "In response to that, in accordance with Ordinance 47 which you would like to -have revised, that is not the subject tonight. Single family lot sizes is 15,000 square feet. These are not rules that we made up, these are rules that we have to live by until they are amended or whatever. 3 - 12 units can go on 18,000square feet. 12 units or greater on.30,000 square feet. That is what is in our ordinance." There was a comment made from a woman who approved of the project.. This portion, along with others, was not clear on the tape. Unidentified: "Mr. Chairman, I have two comments,, one Mr. Meyer made a few minutes ago, he mentioned that Mr_ Dunn's proposal was 5% of the land in Chanhassen, but I think I should. call it to your attention that Chanhassen is divided by the MUSA lane, so you have an area within a developable area and you have a rural service area which cannot be developed. I think that the proposal is a heck of a lot higher than 5% of the land, it is probably 30-406 of the developable land within the MUSA line. So you are talking about a tremendously big chunk of land that is developable within the next 1.0 years." Unidentified: "Nobody is opposed to anybody living on a 10,000 square foot lot if that is what you desire or whatever. But it reminds me of another member of the planning commission who I have been up here and discussed these same sort of things with many times and he always said `I live on a 10,000 square foot lot, and if its good enough for me, it's good enough for anybody'. Well he retired from the planning commission here recently, and this is a fact,. and I bumped into him one evening in.the Riveria, and I said, you know I have always wondered about what we always -exchanged, and he said well you know I have 20 acres in northern Minnesota,) went. up there every weekend. Well the point is, he was happy to live on his 10,000 square foot lot here in Chanhassen, but 11e was .going up north every weekend. The people on Mr. Dunn's property are not going to be able to do that, they may not be able to afford. it. Unidentified: "Mr. Dunn, you commented that. you are half owner in this development of the 3 PUD's. Can you tell us who the other half owner is?" Mr. Dunn: "For the record, I am a partner with Jim Curry, and there is three other gentlemen, Rod Hardey, Bruce Nimmer and John Hankenson. They are also principles in our firm and part owners. We own specifically Lake Ann, a limited partnership that is owned 75% by Dunn & Curry and 25% by two other investors.." "Who are they?" Ed Dunn: "I guess there is realy no reason to be mysterious, but I am not sure it is relevant. Roger Schroeder and Carl Luxen." Art Partridge: "If it was all on 15,000 square foot single family lots, you could still get 438 of them." Ed Dunn: "These gentlemen are limited partners and it is a. legal 01 fact that in. the -limited-partnershipi-'-we- are managing general .'Z. partner, and as such we control the asset and manage it for the benefit of the investors. The investors do not, and cannot not, participate in the management." Ellen Chilvers: "Mr. Dunn, this is only on Lake Sinn isn't it? Don't you have contracts for deeds with two other gentlemen on the Lake Susan one?" Ed Dunn: "Yes, as a matter of fact I was alittle bit hurt to see that one of the signatures on the petition was one of the .gentlemen that we have bought... Lake Susan is a general partnership that consists of 52% ownership by Dunn & Curry and the other percentages is owned by five other investors. Now as to the contracts, again I think that is not _your main discussion. I have pointed out our obligations in the community, including payment of all assessments due from us, all contract payments to from us, principal, and interest, all real estate taxes due us." Ellen Chilvers: "I do have just one more question. Do you have any ...'do you own any other land in Chanhassen that you might be developing besides these three?" Ed Dunn: "I would say that my general answer would be that we intense interest in all of Chanhassen. I wish I could reassure you so that.you could appreciate that we can't build something which people do not appreciate and therefore don't buy. We have every motivation to do the best job we can. If I could I would extend my interest in the area and I might - say that unless I am prevented by doing so by economics, I would be inclined to do so, Bill Johnson: "Mr. Dunn, could you expand alittle bit on your timing? 0 Ed Dunn: "I have indicated publically that we have entered into an agreement with New Horizon Homes to be the developer of this project, whether they will or won't is their option.. They haven't bought it, they have option. The reason that the area identified at this point in time for development of quads is simply that due to the current situation of financing. It is such a unit that can be financed in the market by those people with combined incomes of $30,000 per year or more. It is very difficult at this point in time to finance other forms of development. I cannot give you judgement as to whether its right or wrong, but I think that it is wrong thata person cannot finance any kind of building that they want to build in. Ede have seen it that way in the past, but this is the present, and under the present conditions_ Because. that happens.to be the present, this planned development does guarantee to you that you can know even though thats the case that by using this system we are talking about assures you that you know-whats going to happen in these other areas_ Unlike a simple planning process which would come in and say we want to do this today and we will see about the rest later. One of the reasons that your planned development process has been brought into your ordinances is to make that kind of commitment and but limitations on what the builder can do. We get away from this see you later about the zest sort of thing." Carol Watson: "Phase III of this project is apartment buildings and by the time we get to Phase III what is to prevent that from becoming low income housing? By that.time the Metropolitan Council will certainly be asking the City of Chanhassen to provide atlea 285 units of low income housing. What is to prevent Phase III, would we have to count on Chapparel, or others hoping that it doesn't come in and thereby lowering the values of the other property?" Discussion on low income housing. Art Partridge: "Since I asked the question before on the Lake. Susan area, there is no plan within this program for the Lake Ann PUD... Metropolitan Council requirements?" . Ed Dunn: "We have no plans at this time for that area. We do not control what the laws and the policies of the Metro Council and the State Legislature and the City impose. I say, impose, that it is at their discretion what they find desirab,e to provide. We do not control that, we have no plans to disregard that." Mark Koegler: "Under the Metropolitan Land Planning Act, Chanhassen, as well as every other municipality in the Petropolitan Area, is responsible, under the law, to provide lox and moderate income housing. Not only share of what the existing need is for the City, but our share of the Metropolitan Area needs. The goal -has been identified for our community as 280 units over the next 10 year period. In our Comprehensive Plan we are to address how we might reasonably go about meeting that goal. They further refine that. goal... We have not yet plugged into any specific site_ Thats 13 9� something that will be authority of these gentlemen as well as City Council as to where that type of housing would go and exactly what form it would take, whether it would apartments' double family subsidized units or whatever. what we have to do in the planning is identify programs reasonably use by the City*of accomplish this goal and again if we fail to do that, if we fail to make some kind of progress in this area, the only impact that comes back on to us..." Art Partridge: "I asked this question mainly so that you would be aware that there is requirements,not necessarily here, but perhaps somewhere. [chat you are saying is don't build it next to us." Carol Watson: I just think that when Mr. Dunn talks about the value of the homes at the last public hearing, he was talking about homes in the $75- 100 thousand some dollars. People do not locate those homes next to low and moderate income double and subsidized housinq We have to be concerned what is going to happen to that even -though it may not. happen until the next ten years, but I plan on still.being here." Ed Dunn: "One of your best guarantees that this does not happen next to your home is this kind of a plan. That is the flip side of that argument. It atleast puts it that it is not perceived that this is the logical area that should accomodate that kind of construction and not adjacent to single family." Unidentified: "I am beginning to get alittle confused here. Are we talking about a specific plan, or are we talking about concepts, about campaign promises, or are we talking about the specific plan as layed out? Is that what you we considering?" Clark Horn: "We are talking about the overall concept that is layed out." Unidentified: "Did I hear that correctly that the number 2 area could be changed in its density?" Clark Horn: "At this point anything could be changed.." Unidentified: "How will we know when you are going to make -your decision?" Clark Horn: "The Minutes are all public." Ellen Chilvers: "Isn't it true to that we could dosomething about changing the ordinance?" Craig Mertz: "Zoning amendments can be initiated either by the Planning Commission or by the City Council- The Planning Commission if they wish to initiate a zoning amendment would call. a public hearing on a specific proposal. and at the conclusion of the public hearing would vote to recommend a particular change to the City Council, at which point the City Council would vote on the amendment and it received 4 out of 5 yes votes', the amendment would become 14 --) tp-N part of the city ordinance on zoning." Ellen Chilvers: "How would we go about asking for the Planning Commission to do that?" t Craig Mertz: "if you have a specific proposal, I would suggest that you put it into petition form and submit it to the Planning Commission. You have no method however, of forcing them to entertain a particular amendment. If the people on the Commission - feel as a whole that it lacks merit and they don't wish to call a public hearing you have no recourse." Art Partridge: "One of the other things that people are concerned. about is the traffic on 74M . We have Jack Anderson here on that." Jack Anderson: "I have some information on. that in my file and I don't want to be facetious but the person who talked about #17 in the same sentence talked about the high. -speed of- the traffic and the high volume in traffic engineering those two don't go together. When traffic goes up; the speed goes down. The volume actually, at my recollection, was around 3500 cars now on n17 per day. That, in my estimation, is riot very high and the impact that we are putting on it would increase it maybe a thousand or something like that. It was very modest increase and it was still well below the capacity of the road. ror instance, look at Highway 05 which is also a 2 land road, the volume is around 11,000 so thats the rough idea. It was also mentioned that there would be a problem with the bike pass and the high speed traffic if they put it right adjacent to the roadway.. I am not sure what the trade off is, but as the volume goes up the speed would go down and it would become safer for the bikes from that point, but the increase in exposure to traffic might turn it the other way. I am not sure how that would work out. Highway D5 does handle peak hour traffic... My prediction is based on the 1--letro-- politan projections..." Unidentified: "We cannot provide enough jobs for people in this community, they are going to have to travel these roads to go elsewhere." Jack Anderson addressed the subject of estimated traffic flows, his words were unclear on the tape. Unidentified: "You mentioned that your figures were based on the Metropolitan Council's projections for Chanhassen- As far as it is my understanding, the Metropolitan Council's projection for Chanhassen is considerably less for 1990 than Mr. Dunn's proposed development would bring in. Is that correct?" Jack Anderson: "That is correct." Unidentified: "Then in actuality, your figures would even show more density on the roads if we use Mr. Dunn's population_" Jack Anderson: "I .think it would be wise to explain exactly what I did, not in very great detail. The Metropolitan Council's traffic projections for Highway 05 are being... from 494 all the way out past Chanhassen all the way to Jonathan. Based on -this corridor 15 N increase of traffic they figure 3.6% per year. Where that happens within the corridor they have no control over, they don't know where its going to happen. What I did was take this 3.6 and we will say that Chanhassen developed the project by Ylnn & Curry is over above that. I added it on top..." Ed Dunn: "I am not the traffic expert, but it is my obligation that we touch on this. We did touch on this just a bit the other day in the meeting with the Lake Susan Homeowners. I think probably that we represent an alie to the community in the area of assisting in traffic movement management control.. From this point forward it is significant that things happen when there is a need in a community. Co. Rd. #17 for example is response to the Carver County perceived need to accomodate growth in the area. other: roads happen this way. Other needs, when the problem is serious, become solveable partly because you have increased needs by greater population. Some of those things, we. have a public bus system now that I think shows an average ridership of. 3 people per trip. By some form of subsidy, or whatever is necessary, it is probable that Chanhassen will need an improvement in this area. There is another factor, and that is I don't believe any of us' when it comes to projection that these numbers that Jack referred that have been... by the Metro -Council reflect current fuel__'! Clark Horn: "Any other comments? If not I would entertain comments or recommendations from the Planning Commission on -the status of the public hearing." Tom Hamilton moved that the public hearing be closed at this time and that public written documents and input be submitted to the Planning Commission until May 9th.at which time no further documentation will be received.. Art Partridge second. 2 opposed, 5 yes.. Motion carried. 1 • LA j A ITY PIT) ].`lJii! :iC ,It ��I�I.ti ; - A1'RIL 9, 1980 Intc:i c:.;t-.r,c? homeowners of 0ic, Gj-cen:,00d Shores azea he eby request that the Charihasson Planning Conmissi.on and the City Caucil reject the de':Velt�J)f;�c�l)t:S for tho Lake, Alin anci Lail. -e- Stir=an areas as presented by Bunn & (',,rrY i-tic also rec;uc!:=t ti-iar. the subaui t_ted by Dunn &. Curry be .ai_ted to single family ho-i;cs� with a maximun. of 2 units poi --acre. We feel the developer's proposed plans for sctch a massive high density situation cannot in ;;.ny t;aj' benefit the Chanhassen area, but can only result in scrLOUS problems re-ardin schools, traffic control, police and fire protection, an over bc.irdened tax structure for existing, residents, a higher crime rate, and other serious social problems. Although Dunn &_Curry have advised their developments are within present village ordinances, a review of Zoning Ordinance #47 does present some questions which we feel should be clarified. Ordinance 447, Section I, under "Purposes and Intent" states as follows:. "This ordinance is enacted for the purpose of promoting the health, safety, order, convenience and general welfare of the residents of the Village by regulating the use of the land, the location and trse of buildings and th^ arrangem nts thereof on lots by controlling the density of population and by avoiding environmental. pollution". We feel the density of these projects will have a serious adverse impact on the water quality of the lakes and the natural habitats of the areas, and will damage or destroy many natural wooded areas. _hough `erection 14 of this ordinance states. its objective is "to provide the mearis for greater flexibility in environmental design", it also states this mast be achieved "u-ithout compronrisi pg the health, safety, order, convenience and general welfare of the Village and its residents". It also states "the proposed uses will not be.detrimental to present and future land uses in the surrounding area". I. As stated in the petition presented at the Public Hearing on March 26th, the areas in question are natural habitats for many forms of wildlife such as wild geese, heron, ducks, pilia -ed woodpeckers, raccoon and deer. In additicr_, pheasants are very abundant in the Lake Ann PUD area. 2. The Greenwood Shores Park was or-iginally designated for neighborhood use only. Since the existence of Lake Ann Park, we have experienced an increasing nu; ,ber of social problems with our beach including drug parties, noa_sy beer parties, pot smokers, skinny dippirig, religious. cult ceremonies, and even more serious abluses by irresponsible -individuals from other_ areas. The high density of the proposed developments will undoubtedly increase these problems to insurmountable proportions. Traffic can become an even rrore serious problem for Greenwood Shores residents as more cars enter our area to take advantage of the seclusion available at the Greenwood Shows Part: but not available at Lake Ann Park. }y hereby request th;;lt serious consideration be given to additional park and beach areas in the proposed Lal.e Ann PUD area when it is developed, to accommodate residents betweeri thc- Lake Ann. Park and the Grceriwood Shores Park . Attachment 41, Page 1 Or_dir'iance #47, Section #14 so speci.fie.s -that a planned development must not "create an excessive bur_de- n parks, schools, strCet- and other public facilitics and utilities which are proposed to serve L-6 development". Traffic problems for Hwy. �'5 and #101 from tlhesc proposed developments were detailed in the petition submitted. at�the Public Hearing on larch 26th. Also to be considered are the additional traffic loads from the proposed Lake Ann development and the already existing Chaparral area. ffi y.#7 is the only other main artery highway into Minneapolis from these two areas. Extensive work was recently completed on l-lwy. Y77 and already carries a substantival amount of traffic from Lake Minnetonka and surrounding communities. Hwy. #17, or Powers Blvd., which will serve both. Chaparral and. the proposed. Lake Ann development, was upgraded several years ago and is frequently used as a speedway by irresponsible motorists. The proposed plan for bicycle paths along Hwy. #17 to the bike paths leading to Lake Ann Park presents a very serious safety hazard for bike riders, joggers, and children of these areas and should again be reviewed and revised. As no upgrading plans are apparently contemplated for any of the highways involved, serious commuter problems can result for everyone west of the Twin Cities area. The developer's contention that car pools and staggered work hours will solve these problems is not at all feasible. EmploNers.in the Twin Cities area do not intend to adjust their working schedules merely to accommodate residents west of the Twin Cities. 2. Maintenance problems for all of these new residential streets and auxiliary approach lanes proposed by the developer, as uell as additional park maintenance, will present insurmountable problems for our present Maintenance Department of 15 men.- There should be. no question that manpower requirements will have to be increased substantially to serve all of these areas together with additional trucks, snowplows, and other equipment. Eden Prairie employs 90-100 men for their 17,000 population. 3. As evidenced in Eden Prairie, it is possible to retain the volunteer Fire Department structure with this projected population increase. However, our present volunteers totaling about 30 men would. have to be increased considerably, and additional trucks and other fire fighting equipment provided. Eden Prairie has 45-50 men stationed at three Fire Stations. Chanhassen will have a total of two stations upon completion, of the new `iinnewashta station recently -approved by referendum. 4. Law enforcement problems will also require prime attention. Chanhassen does not have its own police force, but is serviced by the Carver County Sheriff's Office. A full time Police Department. will have to be formed - and furnished with the necessary equipment and squad cars. Eden Prairie'; Police Department consists of 20 sworn officers,. 2 clerks, and 2 non.- siwori officers, plus the necessary equipment and squad cars. All of these necessary additions to our community will. require much additional tax revenue. A full tax structure will not be levied against any of this new construction until it is fully compl tcd. Full completion is usually postponed itil the property is sold, strictly because of the favorable tax structure. It is, therefore, reasonable to assume that the additional tax revenue required. will become the major responsibility of residents now living in the community. Attachment- #1, Page 3 We ftirthc,r request that an Environmental Assc,sF;rnf:nt Workshect be completed and thor-out;rily reviewed by the,.:'larini_ng Commission, City Council members, and an authoricaLi_ve source other can the developer or his and that no further action or decision for approval be made until the study is completed_ and .the full impact of this high density situation on the Chanhassen area can determined . k Mr. Dunn has publicly stated that a development of single family homes at a density ratio of two units per acre is not feasible. We believe if: more consideration and attention is given to the environmental impact of such a high -density situation on the Chanhassen area, the developer will discover that such a development is not only feasible,. but advisable. A recent inquiry - to Eden Prairie revealed that not only would 2 units per acre be feasible, but is the density ratio for that village. PIED plans are constantly being submitted at this ratio. In fact, the density factor at their Timber Creek project is 1.8 per acre. At the Public Hearing on March. 26th, a statement was made that a recent development plan submitted to the Metro Council by Eden Prairie was returned to them unapproved, presumably because of a problem involving the limited density factor. It has since been determined that the problem actually involved the lack of information regarding general subjects, including the location of the gravel pits. Dunn & Curry's proposed plan for such a high percentage of multiple dwellings cannot, in any way, be beneficial to our community. Many occupants of these units will not be _here on a permanent basis, and will not be interested in contributing to either the welfare or beauty of the area.. Quad housing is quite ne�;T in this part of the country. Purchasers regard it F- a splendid opportunity to own property and build up equity, as well as gain k e potential tax relief. What they do not realize are the many problems that could develop in the future in spite of the assurance of maintenance contracts. Some areas with multiple units are rapidly discovering that maintenance fees for these contracts have a tendency to increase each year until the sum reaches pzoportions-wher_e most owners feel they can no longer afford such luxury. They then can vote to withdraw from the maintenance program creating additional problems for themselves as well as their community. Many purchasers of these units regard them as a temporary measure.only, and merely another step toward owning their ovn single family home. They feel it is their only alternative at this time because of our present depressed economy and the -high -prices of single family dwellings, with improvements in the economy, families will once again be searching for single-family homes and. all Chanhassen will have to offer these potential residents, is the same high-densit. situation from which they are trying to escape. According to the developer's information resume, sanitation facilities for 52 units from the new development will connect up to the Greenwood Shores lift station. It is highly unlikely that this would be practical as past power failures affecting this lift station have resulted in raw sewage backup into the basements of homes in the low-lying Lake Lucy area. This is not only an extremely serious health hazard for these residents, but also appears to be detrimental to Ordinance #'47, Sec. 14, which states that any planned development must not have "an adverse impact on the reasonable enjoyment of neighboring property". Raw sewage in one s basement from an inoperative lift station is finitely an "adverse impact The construction and ultimate connection of these additional 52 units to the Greenwood Shores lift station also appears to - be in opposition to Section 14 which specifies that the plarincd development must be of "sufficient size, composition, and arrangement that its construction and operation is feasible as a compicte urti t without dependence upon any other unit" Attachment fl, Page 2 It is our •&pinion that thcce�oinme-rci_al area as propos(;a by the developer_ for the Lake AnnrPL'D cannot in any gay benefit the quality o:' lralue of the surrounding. properties, but will obviously attract additional conii,-ercial construction,. some of which may well fall within the category of fast-food establishments, a hi_ghl, -idesirable element for any residential neighborhood. As the downtown business _strict is within a quarter mile of the proposed site, we can see no advantage for residents of the proposed Lake Ann development or to the businessmen and merchants of the downtown. area. lVe, therefore, request that this area be rezone( to single family residences at the previously quoted density ratio of two units per acre. In addition, we feel that careful consideration should be given to the future placement of the inevitable log,. -income subsidized housing and the adverse impacl this type of housing; will have on adjoining properties.. As the Dunn & Curry plans for the Lake Ann and Susan areas appear_ so detrimen.ta. to Chanhassen's present ordinances regarding the environment, density, safety factors, health, convenience and general welfare of present residents, it is difficult to understand how these plans, as presented, even reached a Public Hearing. The original plan apparently materialized about 3 years ago. Many preliminary procedures had to be fulfilled by the developer before it reached the Public Hearing stage. We' feel all of the factors presented in the petition submitted March 26th and in this presentation deserved much more careful. consideration, study, and review by those individuals responsible for the welfa7 of our community. We hereby request that Zoning Ordinance #47 adopted February 8, 1972 be immediately revised or a new ordinance drafted and acted upon immediately limiting the density ratio of future developments in the Chanhassen area. Ordinance #47 is now obsolete in that it does not specifically -state limits )r any type of density saturation.. As multiple dwellings are extremely profitable, they will undoubtedly be incorporated more and more frequently into the future plans of developers. We feel that until Ordinance v47 is either revised or a new ordinance drafted and passed, a building moratorium should be imposes immediately to control this situation for the protection of all present and future homeowners and to preserve and protect our present and future environment.. We again. request that the Chanhassen Planning Commission and the Chanhassen City Council give intensive study, review, and consideration to all points and questions presented at the Public Hearings for the proposed development of the Lake Ann and Susan areas. We further request. that the proposed developments as presented by Dunn & Curry be rejected. L� Attachment ##1, Page 4 ti J J PUBLIC HEARING REGULAR SESSION CHANHASSEN PLANNING COMMISSION V. The Planning Commission held its meeting at the Chanhassen. Elementary School, Laredo Drive, Chanhassen., Minnesota on April 23, 1980. Present were: Mike Thompson Jim Thompson Art Partridge Walter Thompson Clark Horn Tom Hamilton William Johnson Craig Mertz Bob Waibel Also present were: Janet Lask Laureen Kurimchak Marcy Kurimchak Carol Watson Jim Murphy Gene Quinn Therese Quinn Gail Murphy Diane Riegert Karen Blosberg D. Blosberg Fat Swenson Mark Koegler Bruce Arnold Walter Hobbs Don Slathar Wayne Holtmeier Kathy Holtmeier Walter E. Paulson Marion Paulson Betty Clark Terril C. Clark Richard M. Nieland R. C. Potz Janis L. R.W. Armstrong Greenwood Shores 7130 Utica Lane 7130 Utica Lane 7131 Utica Lane 8500 Great Plains Boulevard 532 Lyman 532 Lyman 8500 Great Plains Boulevard 520 Lyman 530 Lyman 530 Lyman 9015 Lake Rilay Boulevard Staff 6850 Utica Circle 6671 Powers Boulevard 8506 Great Plains Boulevard 8524 Great Plains Boulevard 8524 Great Plains Boulevard 8528 Great Plains Boulevard 8528 Great. Plains Boulevard 8522 Great Plains Boulevard 8522 Great Plains Boulevard 8510 Great Plains Boulevard 6991 Tecumseh Lane 6901 Utica Lane 8400 Great Plains Boulevard Don Gale Dan Herbst Gloria Cox John Cox Chas'. Tester Ellen Chilvers Jim Woletski - Greg Ingraham Rodd Hardy Stelio Aslanidis Julius C. Smith Brue.e A. Paterson 8402 Great Plains Boulevard 3890 Lone Cedar 6990 Shawnee Lane 6990 Shawnee Lane. 1155 Willow Creek 6271 Hummingbird Road 7334 Frontier Trail 2614 Nicollet-Mpls_ Urbanscopef Inc. Chaska - Dunn and Curry Urbanscope Atty, Dunn and Curry Consult. Engr. for Dunn and Curry LAKE SUSAN SOUTH Clark "We'll get into Lake Susan South and a little bit of the lay out Horn' and philosophis as to where things are located where.'' "I am Ed Dunn, one of the owners/applicants in this development. Specifically, we're talking about Lake Susan South planned development. That's the third of the three.. This is the third one we've discussed at a public hearing. This line would circumscribe on a SW OR NW side to the green area, Lake Susan on the north. These are the Lake Susan homes along here. This is existing 101 that comes down thru here and on this display it follows the course of 101 as now is Laid out, comes down here and then turns. We've got some large numbers on this. Again, it represents the phases, with the phasing running generally from thecinorth to the southand we described roughly three phases. Now, these are estimates. We will try to attempt to focus on what our intentions are timewise.. Those.will vary, of course, with the economy, the money situation, the whole general building situation at the rate it's been going the first six months of this year, you might expect. them to go lower. On the other hand, if it speeds up for any number of reasons then it could change faster. It had been our estimate that the first phase would startin 1991 or 1982 keeping in mind that's the beginning of the implementation of it and generally speaking that's at least a year lead time before we actually start construction, meaning construction of homes. So, if it indicates there that 1982 would be the date we would take, it would be 1983 before -you could expect construction of homes.. These are estimates of time. That's what we're asked to do. Second phase would cover 182 to '82 and the third phase would be 183 to 184. The colors light brown is of the townhouse type of density, the dark brown would be apartment construction and the yellow is dingle family detached residential and the red -is proposed commercial. As to the acreage, these numbers you all have in the original hand out. I'll just give you a summary on this. There is a total 124 acres planned for residential construction in all forms and there is 65 acres, (I'm giving it to you in even acreage) that would be road right of way that would include the commercial center which is about 5 acres of that and the green areas which are a little over 37 acreas. Now the green area in this case would be that line through a heavily green area. It's.a natural area to be preserved. In addition, we have green area all along the lake which is indicating it is our intention to lie consistent with all the other plans we've presented to keep all the lakeshore OPM open for public use. That would be an ownership in the City's hands and would give the city enough room to get a trail around there. tide think that's from 40 to 80 feet, something like that around the lake. Now I'll give you a quick rundown. It's proposed that about 102 acres that we build 267 single family detached units with a minimum lost size of 11,700 sq. ft. flow that's minimum lot size; doesn't say average. That's the minimum lot size that's allowable under your development ordinance.. The average lot size would be considerably larger than that and I_haven't worked that. out. . There are duplexes provided for. There would be 10 units of those, that's five buildings and they of course, by code, require a minimum lot size apprently of 15,000 sq. ft. They would in.volve- a couple of acres. The townhomes involve 13.14 acres, 92 units of townhomes and the apartment building site as described here would be 6.39 acres for a total of 64 units and then as I said road right. of way, and commercial is 5 , so there's about 60 acres that goes into roads and that's a chair roads and green space. The bulk. of that is green area that would be 37 acres. So the totals are 189 acres in the planned unit development, 433 total units. 2.3 units per acre overall, gross density. Incidentally I worked out another number that might have some significance to the discussion when we get into that area. The apartments constitute about 15°0' being 64 out of 433 or 15 ' of the total units involved in this. The nature of the terrain is from gentle rolling has natural drainage gradients roughly down the middle, some lying to the west and some going to the east and north and then of course right along here we have ridges that drain in various directions depending upon what side of the slope you are talking about. In general though, they go in this area and then to the lake, except right on the north face.' i:deiltitied: "Mill these be subsidized apartments?,, Dunn: "We don't build any buildings, we will do the subdivision and- the development of the lots. The precise nature of what the apartments would be, we are not a`:le to say. There is no reason to expect they should be and there is no assurance that they won't be.. I think that ends up being, basically it's the prerogative and it depends on the needs of the community." �ntified: "Well, I think people should take that up all over. No subsidized apartments. I think the state should build them and they should -3- get their money back from the state. The taxpayeizs can't . e ;lark Horn: 'Why don't we hold the public comments until after the presentation."__ ;d Dunn: 'We have taken trips into the field with interested people including Planning Commission members. I think most have seen the -terrain. A good size contingent of the Lake Susan homeowners walked it with me on previous occasion and some joined us. yesterday with the Planning Commission. As a result of these discussions, it's been made clear to me and I have indicated to the group and I just want: to touch on this that we have talked quite abit about the townhouses and where they are located. Our answer is, of course it's a beautiful, site, there's no question about that. It has very steep slopes and it's difficult to drain. It's going to take some special treatment in order to build it. We think it would be very difficult to come in there with either high density or for that matter single family detaached dwelling. So, we feel that the terrain pretty much dictates that - that be a townhouse type of construction. The darker brown, the apartment units are identified in here. It's quite close then to the residences located along Lake Susan. They have expressed, I should say in all candor, I don't think we have 'a high degree of enthusiasm of the Lake Susan homeowners who may speak . However,, in the case of the apartment buildings, with the first meeting we had with the group that we would find another site w ithin the development for the apartment development and we haven't tried to locate that and there no real good reason why it has to be there.. We thought, the reason it's there now is that phasing density, that is from higher density, it's our thinking now that that really isn't criticalin this situation because we can direct traffic to other roads that are available and if need, go through single family detach dwellings. That's one of the principles we try to go by. Probably then I could come over to this larger display. It's a blow up of what you're looking at here It merely gives you an idea of what we think we might be able to do. with the road. This is not an engineered drawing with any precisene ssp It's not the kind of a drawing you measure lots and angles from. It's in order to give you who have worked with it an idea of what we think the terrain dictates. The principle features of it are a drainage Swale that runs roughly through the center of the single family area and actually has a break that occurs about here. It's just about central to the yellow area. In the one case, the drainage goes west and the other case it flows to the north and east. That would be principally surface drainage, but it could be necessary ponds to hook up. These are detention ponds to deccelerate the rate of run off. Piping would of course be done where necessary in order to make it functional.. -4- The question was asked what about those areas on an easement which in effect the person who buys that home on which they cannot build, they cannot construct. generally it's open' for the water to flow when it must. Those lots typically, are alot deeper so maybe they have.20 ft subject to easement they can use it except they cannot build on it. It's a kind of trade off. They get a larger lot, but they get subject to the easement. That's a. common procedure, by the way. Another significant thing that we schematically display here is that we would propose to relocate what we now call State Hwy 101. It's a temporary highway. You've heard my comments on that before. It's in the hands of the state, but it's not really owned by the state. They call it a temporary trunk highway. That gives us problems in terms of getting anything done on. that because they are authorized under the law to do any kind of heavy construction. We have indicated that we would provide the necessary right of way - There are 3z turns in it now. Our proposal would be take all those turns out and run it straight through. We have the right of way down to the point of its intersection approx with 101 now. It has swung more to the east.and it may take some additional right of way property to the north of 86th Street. It'd be necessary in that case to work out appropriate accommodations for the dwellings that are along Lake Susan to gain access to the road. We think that the safety factor could be improved considerably under this kind of treatment from what exists now. I believe mostly separate driveways entering the road. The sighting distances would be improved so curves would be taken out and so on. Our offer has been to donate the right of way, make it available for this purpose, if the state would build a .road. So far, we have been, it has not been .indicated that there is any. intention of doing that I just want to make that clear. We could do it on our own. The economics would be difficult. If some kind of a cooperative program would not be worked out, that would be difficult. It's kind of a gray area today of what we can do in the future. This is based on that happening and showing that the existing right of way would be cut off so that, you contain a traffic interior wise to this development secondary direct flow through. The other display of significance is that we have to hook all this up and that gets us into utilitize. I have three boards here. 1) The sewer. The orange ort this board is existing trunk sever that's in place. The red is the proposed extension of the severs. -5- The other thing we need is water and water would come from the well field that is proposed to be installed where this dot is up here. It is in the city's present plan to install such a well and this is a continuation then of what hasbee n existing the city's plan with water. It would then come down here and come across the proposed project and would come around this fashion. Drainage - By the way, in each instance these are based on existing plans that the City Engineer has. I think it appropriate to refer to them as sketch plans. You see quite a few blue lines on here. They are generally described as drainage channels. There are some heavy red lines on here and. they describe the breaks or the water shed area -that we're involved with. In the case of Lake Susan South, we've already described the existing natural channels that runs and splits approximately the middle. These become ponds. Some of those are natural ponds. Now, when it's dry, they're plowed, when it's not, they're not, but they would be reinforced to accommodate the contain more water out of sight rather than to accelerate the rate of run-off. They take the natural flow and they go from the. east to the west. I think with that introduction, unless you have some specific questions, I'll just turn it back to you." ClarR- Horn: In addition to the activities of the touring sites, a week ago Saturday, the Planning Commission took a tour of some of the localities. There has been a hubbub of activity." I would like to have you come up and state your name and address. We'd like to stick to comments that have to do with this particular development, if we could." athy "The Lake Susan Homeowner's Association again asks the City Council oltmeier and Planning Commission to reject Dunn & Curry's development as Jim Murphy: proposed. We have outlined our concerns and a petition statement presented at the first public hearing March 26. Our concerns remain unchanged. We do not feel Dun & Curry have adequately responded to the problems of high density development. We have listened to Mr. Dunn at these hearings. We have toured the property with him.. We still oppose the development and we would like to review our concerns. We stated the density of each part of this development was actually higher than the developer claims. Because they did not take into account land use. We stand by that statement.. We did not include outlines because the developer does plan to build there C 4t We did not include commercial areas and we did not include road right of ways. Our net density figure which we feel is. more accurate does however, include the green areas donated to the city. Therefore there are too many units planned in too small. an area. Our first objective is to lessen the density of this development to a more responsible level. According to the Metro Council's population projection,. Chanhassen will have a population of 11,000 in 1990 and 17,000 by the year 2000. However, the city projects a population of 15,000 by 1990 and 25,000 by the year 2000. The Metro Council's projection deflects quarterly growth with minimum effort impact.. Our. City Is projection does not. During the tour with the developer, Lake Susan residents repeatedly explained that our concerns are with the multiple dwellings proposed next to an existing residential area and with multiple dwellings adjacent to the lake. According to the map, we know provided. Townhomes are proposed approximately 25 feet from the nearest neighbor's property line. The developers justification for townhomes is the best use o hand because of the topography. When we toured the rest of the property,. much of the land is there for single family homes and Lake Susan residents feel a similiar topography. A second justification for building multiple dwellings on the lake is that it will be easier for residents to get to the lake. If single family homes on the lake, Mr. Dunn stated during the tour, the people living in the multiple dwellings would have trouble getting to the lake. There are too many discrepancies in this argument. First, the trail system donated to the city by the development is supposed to enable all residents to use the lake. Secondly, on Lake Ann single families are proposed adjacent to the lake with multiple dwellings near Co. Rd. 17. Lake Susan residents would favor this plan for Lake Susan. Since we've prepared this statement, three residents accompanied Mr. Dunn and members of the Planning Commission on a tour of the property yesterday. At this time, as Mr. Dunn stated, he was willing to omit the apartments on Lake Susan South and also stated that he would be willing to substitute single family homes on. one tier of Lake Susan West. We appreciate the developer's compromises, however, it is not - alleviate our concern about the townhomes that are situated right in -7- Thirdly, Dunn & Curry has not adequately addressed the impact of the density of this development on their communityy grow system. Specifically, trunk Highway 5 and 101 cannot handle the additional traffic which would be generated from this development. The Lake Susan South Development will be using trunk Huy 101, not #17 as their main entry and exit roadto Hwy 5 or to 212.. Mr. Dunn has conceded that the department plans no improvement for 101. Therefore, his solution for 101 is to eventually construct a new highway, something he explained earlier. However, density of the development will make the existing 101 dangerous for all residents who live there and will increase traffic for -all our, highways to unnatural proportions. Although the developer recognizes the problems Chanhassen frill face with increased traffic congestion, he states that the pollution lies with our legislators. Our elected representatives must provide funds to construct a new highway to 212, however, if 2l2 is ever built and there is no funding available, it will not be built f-or at least 10 years. Meanwhile, all of us will suffer in the interim because of this development. Fourth, an environmental assessment worksheet bhou.ld be completed by an independent party before any development is improved. In the April 9 Public Hearing, Mr-. Waibel stated the Planning Commission could request an environmental assessment wo.r.ksheet before the development is approved, although it is not standard procedure. In view of the impact this development has had on the entire community because in a sense it was drastically altered, the character of Chanhassen, we asked the Planning Commission to request an eaw before any decisions are made. As an and rebuttal to the Lake Susan Home owners Association statement, the developer's stated that any pollution of the lake that would be caused by increased roads, and would be the responsibility of the City. We feel any _ --------on the lake caused by the development is the developers responsibility. Finally, we, address the individual cause of this development on the taxpayers. It has been pointed out that the recently bonded public works building will not be adequate to absorb the increased personnel needed by such a development and another bond issue would be needed to enlarge this facility. Chanhassen Elementary cannot absorb large numbers of students. The present capacity in the school year 1979 is 76.5°0 of 572 students. An additional 175 students would bring it to approximately 100°0' capacity. Thus, Chanhassen would be faced with building a new elementary school or busing some students to other districts with declining enrollment. that the land owned by Dunn & Curry will be developed. Dunn & Curry's intention is to urbanize the area. We firmly believe the Council,. the Planning Commission can approve a development that will 'maintain the rural character of the land. They can keep Chanhassen an unusual and pleasant community for those of us who enjoy it now and for potential residents. The Planning Commission and City Council have the opportunity and the responsibility with the increased growth in Chanhassen that is inevit-able In order to insure reasonable orders of growth and preserve the land in the best possible manner, the density of this development must be reduced greatly. Lake Susan residents feel the density can be reduced to more acceptable levels by reducing. the number of multiple dwellings proposed and by zoning the adjacent property of the entire lake to single family. We also feel that there is no need for commercial area only lz miles from the downtown business district. This commercial area should be rezoned low density. Finally, the public irrigation would include all these wooded areas. Once the developer sells the land, he would .Lose control. Thus his verbal promises and assurances about the quality of housing, the indirect cost of development to the taxpayers, the impact on the roads, the effect on the lake would be meaningless. Those of us who live here would be forced to accept any problems people have created. tale must alter our definition of progress. It should not mean because bigger is better. Progress should be defined as slow growth that will not alter the life style of residents, but enhance it. The kind of progress represented by this massdevelopmer will only detract _ ___offers. It will not enhance. This district will be in effect for approximately the eight or ten years of the development. The tax increment financing procedures requires from the district must be entirely reinvested to capital improvements within the district. Therefore, other taxing institutions such as the schools, the City also has a district and the county will not try to get revenue from the increased valuation within the tax increment. district. In fact, the district will'certainly be a burden for the community. the tax increment period since required maintainence operations must be required from the general tax revenue. first This means that existing residents will be directly snow plowing and other operations and maintenance within. the district. The situation may improve slightly after, the district is dissolved,. however, the seven county __ __statute will act to reduce. the potential open cash revenue. This statute provides that local juris- dictions unlimited taxing 6040 of the total valuation of industrial and commercial properties. The remaining 40 00' that local may or may not return to the formula that is primarily based on population. Some consider the 60°0' of local share to be insufficient share of revenue to provide the services needed by the development, especially commercial. We doubt the tax continually expounded by the developer and request that the city conduct an in depth fina.nci.al assessment of all the proposed residential, commercial .and industrial developments. We wish also to mention that with increased residential densities, reduction in lot size and exterior performed by others that the potentially new residents will demand will increase recreational services for their leisure time. This may be in order to and etc. and operate expenditures for city The next point is traffic. personnel state that trunk Hwy 5 and 169 are the most congested two lane facilities in the district This statement somewhat contradicts the statement from the last public. hearing. In their opinion, one of the most areas is the Mitchell Road and trunk Huy 5 intersection. Recent traffic -counts at the intersection are already indicating 20,000. The: wetlands on both sides of Hwy 5 vest of Mitchell Road prevent intersection improvements. Federal requirements require an before the wetldnds could be consumed for improvements. Contrary to statements by the developer's traffic engineer, the district is designed to Level C service or better in peak hours. I'm glad they haven't given up on us during peak hours. The wetlands on Mitchell Road prevent the designing of this criteria as previously mentioned. According to the district, 10-15,000 average daily traffic warrants a four land and divided facility. Lanes can be dropped dependi on intersection spacing. we are getting so many intersections now that it will be difficult to drop lanes. We feel that old fashioned mentality of the improvements of the developments causing severe congestion and forcing new roadways to be constructed and applied to Huy 5 and 212. Again, under this approach, the old or existing Chanhassen residents will be required to endure the suffering until future facilities can be constructed. Another point is the MUSA Line. The MUSA Line is, a lot of people don't understand this. It's the Metropolitan Urban Service. It's the line that shows where you have urban services, meaning sever and water, possibly roadway improvements and there would be much higher density in that line than outside of it. In previous meetings, it has been discussed since members of the Planning Commission sat suggested that the MUSA Line near the boundary line ofLake Susan and Lake Riley have been fixed or stationary for the last several years and the boundary is based on Illustrated maps showing wooded area. (1972 comprehensive plan).. The reason I am pointing this out is there are several .inconsistencies. Do you expect to build apartment buildings for children? Apartment buildings are no place for children!" "Gene Quinn. 532 Lyman. When we bought 10 acres three years ago, I went to City Hall. I don't want water and sewer." -Nary Cheswall. this whole idea of building the whole city out in the country. I don't think it's a good idea. Apartments all over the whole country are an eye sore.,, -Diane Riegert. 520 Lyman. Mr. Dunn, what are the reasons for putting commercial on Lyman Boulevard?" Ed Dunn: "Our logic is that there should be a limited amount of commercial areas serving the local residential areas. We're aware that the central business district is and will remain as principal business area within the, city, however, those convenience trips can be serviced by those small neighborhood type facilities. This is five acres, not a shopping center, principally for the people living in the area." Walter Thompson. There seems to be a lot of misinformation behind the MUSA. Line. I wish somebody would get up and simply state where the MUSA Line is and then let's forget about it." Bob Waibel: "The City Engineer could better explain." Ed Dunn: "It was a series of purchases. We bought the first piece of land on the west end of Lake Susan in September 1968. We then made subsequent purchases.We've owned all of this land for at least 7 years. " "Bud Paulson - 8528 Great Plains Boulevard. My problem is jealousy. Ed Dunn is six months younger than me. He talks in millions and I still talk in nickels and dimes." -11- tt "Edna Laurence - Lake Susan. I have a comment to make: on thirvonderfiu k Industrial Park Chanhassen is supposed to be getting in the future.. I can no longer say I'm excited about getting an Industrial, Park for Chanhassen. We have been told this would provide a wholesome plan for our residents. All you have to do is read our local weekly paper and you will find full page ads continually advertising for helps but at about $4.00 an hour. I just feel the major: wage earner of a farslily cannot afford employment at these places." "Don Slather - 8508 Great Plains Boulevard. Let's look at Minneapolis and see how they plan their lakeshore. Take a look at the open space.. The way Minneapolis has developed their lakes has to be the best: way in the world." "Dan Herbst- 3890 Lone Cedar. Talked on our concerns as to why .people live in Chanhassen. Chanhassen has had a good mix of housing. That type of mix should be encouraged." "Walt Hobbs - Mayor of Chanhassen. I commend you on the work -you have done. We're glad you're here. That's why we have these Public Hearings The Coun.ci_l-and Plannin_a-C-ammi.ssion were extreme-ly,._.Ponce rned about: the size of the development and. how vie could get out to-youpeople what was going on. We tried to make you aware of what vas going on." .ke "I'd like to ask one question. How many people here in the audience ,ompson: have lived in your house over ten years?" .ident 1' lde can guide and direct the manner in which we want our city to grow." "Carol Watson 7131 Utica Lane. I don't know if the Mayor meant it: as a threat if Mr. Dunn doesn't get his development, but I'll help pay his attorney's fees. The Mayor talks about compromise. We have not seen once compromise. The first compromise is Mr. Dunn's, not the residents." Ed Dunn: "lde have tried from the very beginning to do our thinking and planning along the lines of what constitutes . I do get a little excited, Carol, when it is said I've compromised nothing. Lake Susan Hills residents have objected to the close proximity of the apartments indicated in our Lake Susan SouthPUD. I think I made the statement that we would move that to another location. This may not be everything, but when I have an overall density of 2.3 units to the acre on a gross basis, and I insist on talking about that, it is correct planning, that's a very low density. I am not in here asking to develop this land with a density of 6, 8 to 10 units per acre. i -12- c I did agree to move the apartment to the site. I did not agree to. remove it from the project. I'm concerned with integrity.. 100 most recent closings in 1980 from Neu Horizon Homes -- _ Income profile: less than $24,000 per year 4140'; $24,000-30,000 per year 34°0'r and greater than $30,000 per year 25°0' of the buyers.. This is available for anyone who wants copies. Marital status: 4210' single, 58°0' married. Number of adults in househ.olc 1 in 29°6 of the cases and 2 in 71°0 of the cases. I have indicated that we are negotiating with Orrin Thompson on Lake Susan West. In the case of Lake Ann, we are working with New Horizon." ,,Wayne Holtmeier - 8524 Great Plains Boulevard. We're really not arguing that some type -of development is going to occur. It's a normal feeling and reaction to be afraid of some sort of change - The purpose of the Public Hearing process is to address our concerns as we relate to a particular development. It's the deni:sty and where it's being placed." Unidentified 11 Why are Mr. Dunn and Mr. Hobbs so anxious to get approval of these three projects before the comprehensive plan is officially approved by the Metro council." Mayor. Hobbs: "I vas speaking in generalities. I would seriously question whether any of these three areas will have preliminary plan approval before the comprehensive plan is submitted. I do think the comprehensive plan will include this type.of development in Chanhassen.,, Ed Dunn: -I'm not talking about developing the 770 acres immediately. I have consistently said this looks like anI8-10 year plan.. The fact that is coincidently with your city's comprehensive plan happened at the legislature in 1976. The comprehensive plan has been in formu- lation in one stage or another since that time, but actively in the last two years. .I am not trying to raise the comprehensive plan, I am not tryingto preceed it nor either am I inclined to wait for it. We have a viable project here that can and should be done. I don't relate to approval or disapproval of the comprehensive plan. I relate to a plan that seems consistent with the utilities that we have in - place with the system that has been given by the Metro Council and there is nothing, to the best of my knowledge, that says there is a moratorium that says that an owner must wait until those comprehensive plans are all approved . ,, -13- qt- "John Cox - 6990 Shawnee.! Lane. Could we take a vote of the people here who are against the Dunn & Curry plan ? How many people feel that it is appropriate what the City of Chanhassen should do?" Walter. Thompson. "We are not in agreement on anything, so how can we vote on it? " John Cox: "Can we vote on the present density? Everybody in favor of Dunn & Curry's present density plan, raise their hand. Everybody against it, raise their hand." Gene Quinn: "Going by the mayor's comments, we have about 7890' single family right now. If we could get s.omething of what we have right now, percentage overall." Clark Horn:11We're really talking about two different issues. One is housing and the other is densities." Gene Quinn: "They both go together. Where you have more single family,. you have less density. I get upset about the MUSA.Line." Clark Horn: ,The 14USA Line has been established since 1977.."' Jim Murphy: ?If these developments are improved as they are shown, what are the impacts going to be regarding water and sewer? Is there any plan or program now? 11 Jim Orr: "Much of the planning was done earlier. Generally, the sever won't have to be expanded to include additional areas. Whether eater will be required now, I don't have the answer to that.." Clark Horn: "If no other comments, I would like to indicate where we are headed. We will try to digest all of the things that have been put together�in the next couple of meetings.and try to make a checklist of the various issues that are presented and. we`re going to try to see how we can come up with a consensus of what we do recommend. I believe the 28th of May is when we have tried to set a final decision on the first two phases of the developments. iValter Thompson moved, Alike Thompson second, to clove the public hearing and allow for written comments regarding Lake Susan South until May 9th. Approval vote: 7 - yes 0 - no. Motion carried. Alike Thompson moved, Walter Thompson. second, to adjourn. at. 10:40 P.M. Notion carried. 11 3SPECIAL CITY COUNCIL MINUTES - Chanhassen Elementary School, ^9 t JUNE 2:3, 1980 y 7600 Laredo Drive Mayor Hobbs called the special meeting to order with the following rienibers present: Councilmen Geving, Neveaux and Swenson. Councilman Pearson was absent. 4 LAKE SUSAN WEST PLANNED RESIDENTIAL DEVELOPMENT PROPOSAL: Mayor Hobbs noted thatthis was a special meeting, requested by the City Council-, to obtain additional citizen comments over arid, above those presented orally and in writing at the meetings and public hearings rield by t}ie Planning Commission. City Council members have received a copy of all correspondence, petitions, and Planning CordTuiission minutes of meetings where this item has been considered and publicly heard. Ed Dunn_made a presentation of the development proposal as shown in Exhibit "A" and- dated May 27, 198- (Concept plans prevented. being the same exhibit as publicly heard by trio Planning Coz�unissiorc j . The Land Use Coordinator, Bob Waibel, read the Planning Coritmi.ssion action of May 28,. 1980, in regards to the Planninc; Commission action to approve rezoning of the property from R-lA to PRD and to " deny the proposed residential development plan -- such latter action including the basis for such denial. Mayor Hobbs requested public comments. Persons present were as follows with a summation of major points following such, lasting: Ed Dunn, 4940 Viking Drive, Minneapolis, MN 55435 Jules Smith, 7101 York Ave. So., Minneapolis, rn. 55435 A.W. Partridge, 6280 Hummingbird Road Planning Coramissi.on C.D. Horn, 7608 Erie Ave - Planning Commission Jim Sulerud, 730 Vogelsberg Trail. Norm Grant, 8504 Great Plains Blvd_ Wayne Holtmeier, 8524 Great Plains 1111vd_ Kathy Holtmeier, 8524 Great Plains Blvd. Gail Murphy, 8500 Great Plains Blvd.. Jim Murphy, 8500 Great Plains Blvd. Mary Lou Chmiel, 7100 Tecumseh Lane Mary Kurimchak, 7130 Utica Lane Richard Nieland, 8510 Great Plains Blvd_ Marion Nieland, 8510 Great Plains Blvd - Jim Thompson, 6231 Greenbriar R.W. Armstrong, 8400 Great Plains Blvd. Don Gale, 8402 Great Plains Blvd. Edna Lawrence, 8520.Great Plains Blvd - Jim Murphy - Reviewed points raised in Lake Susan Homeowners Petition. Restated concerns of overall traffic generated by development, overall density, and the desire to see single family residences adjacent to Lake Susan. Higher densities should abut County 17 with lower- densities occurring away from County 17. Roger Casey - Highway 5 impossible to travel. Jim Thompson - No innovation. The styles proposed are all. similar. No real alternatives presented to Planning Commission.- Similar and grade differential in dwelling units desired. _SPECIAL CITY COUNCIL MEETING - June 23, 1980 Art,Partridcle - No real alternatives presented to the Planning Commission. The. current Plann:i,n J-7 mmisslon. has.".bogun to gel. -n as a coordinated and functional- group.. Denial is desired so that the Planning Commission can attempt to present alternatives which are acceptable -to that group. Presently, -the City is reacting rather than acting. Jim Sulerud -- Subsidized housing is desirable and the community needs higher density to assure various economic. classes have an opportunity to live within the community. Generally favors the plan as presented. The City Council discussed points raised with each of the persons speaking. Council`members.generally agreed that a .-meeting date to consider this item should be July 14, 1980, 7:30 p.m., Chanhassen Elementary School. Councilman Geving moved to close the public input session: Councilman Neveaux seconded the motion. Ayes - All. Motion. carried. CONSENT AGENDA: a.. "City of Chanhassen Response, Recreation. Open Space Development. Gui_def Policy Plan, Metropolitan Council - b. Lake Ann Planned Residential Development, Set Special Meeting Date. Councilman Neveaux moved that the items presented above, under the Consent Agenda, be approved as outlined in the City Manager's memorandums of. June 23, 1980, and with conditions as outlined in such memorandums. Councilman Geving seconded the motion. Ayes - A.J.I. Motion carried. Councilman Neveaux Moved to adjourn the meeting. Motion seconded by Councilman Geving. Ayes -- All. Motion carried. Meeting adjourned at 10:45 p.m. Don"Ashworth City Manager "086T 'SZ ATnr ' A'eP-FJJ uo TTOunOD A-4TO aq-4 o-4 pa-.nqT-T-4sTP aq TT-Fm Pup pagTaosupa4-a,x BuTaq 9JP TT aunt Pup 8Z APH ' TZ Apw go sagnuTW : agoN segnuTW uoiss- UMOD buTuuaTd DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAPARRAL HOME OWNERS ASSOCIATION THIS DECLARATION, made on this day of , 19 , by NEW HORIZON HOMES, INC. (hereinafter referred to as the "Declar- ant"); W I T N E S S E T H T H A T: WHEREAS, Declarant is the owner of the real property des- cribed on Exhibit A attached hereto and by this reference incor- porated herein for all purposes, and desires to create thereon a residential community for the pleasure, recreation and general benefit of the residents of said community; and, WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and to this end desires to subject the real property described on Exhibit A, together with such additions as may hereafter be made thereto, as provided in Article II, to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said real property and each owner thereof; and, WHEREAS, Declarant has deemed it desirable for the pleasure and recreation of said community and for the efficient preserva- tion of the values and amenities in said community to create an agency to receive the power to attend to and effectuate policies and programs that will enhance the pleasure and value of said community, and maintain, administer and enforce the covenants and restrictions and collect and disburse the assessments and charges hereinafter created; and, WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, the Chaparral Home Owners Association for the purpose of exercising the functions as aforesaid; NOW, THEREFORE, in consideration of the premises the Declar- ant hereby declares that the real property described on Exhibit A and such additions thereto as may hereafter be made pursuant to Article II hereof is, and shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which coven- ants and restrictions shall run with the real property described on Exhibit A and any additional property annexed thereto pursuant to the provisions set forth in Article II, and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Definitions Section 1 1. Definitions. The following words, when used in this Declaration, shall have the following meanings: 1.1 "Association" shall mean and refer to Chaparral Home Owners Association, a nonprofit corporation organized and existing .under the laws of the State of Minnesota, its successors and assigns. 1.2 "Declarant" shall mean and refer to New Horizon Homes, Inc. and its successors or assigns if such successors -or assigns should acquire more than one undeveloped Lot from New Horizon Homes, Inc. for the purpose of development. 1.3 -"Developer" shall mean and refer to the Declarant, and its successors or assigns if such successors or assigns ..should acquire more than one undeveloped Lot from the Declar- ant for .the purpose of development. 1.4 "Living Unit" shall mean and refer to a residen- tial housing unit consisting of a group of rooms and hall- ways and attached garage which are designed and intended for use as living quarters for one family and located or to be located upon one Lot. 1.5 "Lot" shall mean and refer to any tract or parcel of land desi named as a Lot shown upon any recorded plat or subdivision map of the Property with the exception of any tracts or parcels designated as outlots.. 1.6 "Member" shall mean and refer to every person or entity who is record owner of a fee or undivided fee simple interest in any Lot which is subject by covenants of record to assessment by the Association, including, but not limited to, contract vendors. 1.7 "Mortgage" shall mean and refer to any mortgage or other security instrument by which a Lot, or any part there- of, or any structure thereon, is encumbered. 1.8 "Mortgagee" shall mean any person or entity named as the mortgagee under any Mortgage, or any successors or assigns to the interest of such person or entity under a Mortgage. -2- k 1.9 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding any person having such interest merely as security for the performance of an obligation. 1.10 "Private Yard Area" shall mean and refer to that portion of a Lot not covered by a Living Unit. 1.11 "Property" shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit A attached hereto and by this reference incorporated herein for all purposes, and all additional real property made subject to this Declaration in accordance with the provisions of Article II. ARTICLE II Additional Property Subject to This Declaration 2.1 Additions to Existing Property. Additional_ real prop- erty may become subject to this Declaration in the following manner: (a) Additions in Accordance with General Plan of Development. The Developer, its successors and assigns, shall have the right, without the consent of the Members to bring within the scheme of this Declaration the additional real property described on Exhibit B attached hereto and by this reference incorporated herein for all purposes, 1in future stages of development by December 31, 1983; provided, however, 'that the Federal Housing Administration and the Veteran's Administration shall have the right to veto any such future additions in the event that either of such agencies determines that any such future addition is not in accordance with the general plan of development heretofore approved by each of them. (b) Additions Authorized by Members. Additional resi- dential property may become subject to this Declaration upon approval of two-thirds (2/3) of the Members of each class of Association Members. 2.2 Manner of Annexation. Additions authorized under this Article shall be made by filing a Supplementary Declaration of Covenants, Conditions and Restrictions with respect to the addi- tional property and; after such filing, such additional property shall be subject to the covenants and restrictions of this Dec- laration. Such Supplementary Declaration shall contain such complementary additions and modifications as of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties -3- and shall not be inconsistent with the scheme of this Declara- tion. In no event, however, shall such Supplementary Declaration revoke, modify or. add to the covenants established by this Dec- laration within the existing property. ARTICLE III Membership and Voting Rights in the Association 3.1 Membership. Every person or entity who is a record owner of a fee or undivided fee simple interest in any Lot which is subject by covenants of record to assessment by the Associa- tion, including, but not limited to, contract vendors, shall be a member of the Association. The foregoing is intended to exclude persons or entities who hold an interest merely as a security for the. performance of an obligation until such time such person acquires a fee simple interest in such Lot by foreclosure or by any .proceeding in lieu thereof. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is subject to assessment by the Association.. Ownership of such Lot shall be the sole qualification for membership. 3.2 Voting Rights. The Association shall not have nor shall it issue any capital stock and may only have two (2) clas- ses of voting membership: (a) Class A. Class A members shall be all those Owners as defined in Section 1.9, with the exception of the Declarant. Each Class A member shall be entitled to one (1) vote for each Lot in which he holds the interest required for membership by Section 3.1. When more than one person holds such interest in any Lot, all .such persons shall be Members. The'.vote for such Lot shall be exercised as they, among themselves shall determine, but in no event shall more than one (1) vote be cast with respect to any Lot.- (b) Class B. The Declarant shall be the sole Class B member and shall be entitled to three (3) votes for each Lot owned. Class. B membership shall cease and be converted to Class A membership upon the occurrence of the first of the following events: (i) when the total number of votes.outstanding in the Class A membership equals or exceeds the total number of votes outstanding in the Class B membership; or, (ii) on December 31, 1983. 3.3 Suspension of Voting Rights. The right of any- Member to vote and the right of any Member, his family or guests to use sm any recreational facilities that may be acquired by the Associa- tion shall be suspended during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty ( 60 ) days for any infraction of any rules or regulations published by the Associa- tion. ARTICLE IV Covenants for Maintenance Assessments 4.1 Creation of Lien and Personal Obligation of Assess The Declarant, for e a deed or not it shall be so expresses in any such Deed or other conveyance, shall be and hereby is deemed to coven- ant and agree to pay to the Association: (a) general annual assessments or charges, and, (b) special assessments for capital improvements, Lot owned within the Property, covenants, and each Owner of any Lot by acceptance of therefor, whether such "assessments to be established and collected from time to time as hereinafter provided. The general annual and special assessments, together with such interest thereon and costs of collection -thereof as hereinafter provided, shall be a charge on each such Lot and shall be a continuing lien on each such Lot against which each such assessment is made. Each such assess- ment,. together with such interest thereon and all costs of col- lection thereof, as hereinafter provided, shall also be the personal obligation of each person who was the Owner of each such Lot -at the time when the assessment fell due. The personal obligation for .delinquent assessments shall not pass to such Owner's successors .in title unless expressly assumed by them. All such assessments shall be fixed, established and collected from time to`time in the manner provided in this'Article. ' 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purposes of promot- ing the pleasure, health, safety and welfare of the residents of the Property and, in particular, for the maintenance of the Property, services and facilities devoted to this purpose and related to the use and enjoyment of the improvements erected upon each Lot. 4.3 Maximum Annual Assessments. The amount of the maximum annual assessments shall be determined by the Board of Directors as hereinafter provided but subject, however, to the following restrictions: -5- r) (a) Until January 1 of the year immediately following the conveyance of the first Lot by the Developer to an Owner, the maximum annual general assessment shall be $720.00 per Lot. (b) From and after January 1 of the year immediately follow- ing the year of the conveyance of the first Lot by the Developer to an Owner, the maximum annual. general assessment may not be increased each year more than 5% above the. maximum annual general assessment for the previous year without a vote of the membership. (c) The maximum annual general assessment -may be increased above such 57. amount by vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for such purpose. (d) The Board of Directors of the Association may, after consideration of the current assessment costs and future needs of the Association, fix the actual assess- ment for any year at any lesser amount. 4.4 Special Assessments for Capital Improvements. In addi- tion to the general annual assessments authorized by Section 4.3, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defray- ing in whole or in part the cost of any construction or recon- struction, unexpected repair or replacement of a capital improve- ment; provided, however, that any such assessment shall require the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. - 4.5 Notice of Meetings. written notice of any meeting called for the purpose of taking any action authorized under Section 4.3 or 4.4 shall be sent to all Members, and to any Mortgagee who shall request such notice in writing, no less than thirty (30) days nor more than sixty (60) days in advance of such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast .sixty (60%) percent of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held later than sixty (60) days following the'preceding meeting. 4.6 Uniform Rate of Assessment. Both general annual and special assessments must be fixed at a uniform rate for all Lots; .and such uniform rate may not be charged or altered without the prior written consent of all Mortgagees having a first lien on each Lot; provided, however, that any Lots owned by the Developer shall be'assessed an amount equal to one-fourth (1/4) of the amount assessed against Lots owned by persons other than the Developer; provided, further, that notwithstanding anything set forth in the preceding clause to the contrary, a Lot owned by the Developer IM shall be assessed on the same basis as a Lot owned by any person other than the Developer from and after the time that a building constructed upon such Lot is (a) used by the Developer as a model for regular public inspection, (b) finally inspected by the United States Department of Housing and Urban Development or Federal Housing Administration, or (c) occupied by a tenant of the Developer as a residential dwelling. 4.7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the calendar month following the conveyance of a Lot to an Owner. In addition, in the event that additional properties are subsequently brought within the scope of - this Declaration by the Developer in accordance with the general plan of development pursuant to Section 2.1(a), annual assessments shall commence as to all Lots within such additional properties on the first day of the calendar month following the conveyance of the first Lot therein by the Developer to an Owner. In the event that the annual assessments, with .respect to any Lot, shall commence during any calendar year on any -day other than January 1, the amount of such assessments payable for such year shall be that proportion of the full amount applicable to the entire calendar year which the number of remaining .full calendar months in such year bears to the number twelve. All assessments, both general and special may be collected on a monthly, or other. periodic basis, and with such due dates as the Board of Directors may determine and establish. 4.8 Duties of the Board of Directors. The Board of Direc- tors of the Association shall fix the date of commencement, and the amount of the assessment against each Lot. for each annual assessment period at least thirty (30) days in advance of such date of commencement of such period and shall at that time pre- pare a roll of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of every assess- ment shall thereafter be sent to each Owner subject to such assessments. The Association shall, upon demand and upon the payment of a reasonable charge, furnish a written certificate signed by an officer -of the Association setting forth whether or not assessments upon particular Lots have been paid. Such certi- ficate shall be conclusive evidence of payment of any assessments therein stated to have been paid. 4.9 Effect of Nonpayment of Assessment; the Personal Obliga- tion of the Owner; the Lien; Remedies of Association. (a) If any assessment is not paid on the date when due then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection thereof, as hereinafter provided, thereupon become a contin- uing lien on such Lot or Lots which shall bind such Lot or Lots in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obliga- -7- tion of the then Owner to pay such assessment, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. Such lien shall run in favor of the Association and shall be superior to all other liens and encumbrances on such Lot except for the following: (i) Liens for general real estate' taxes and special assessments levied by any governmental author- ity; and, (ii) The -lien of any first mortgage as provided in Section 4.11 hereof. (b) All other lienors acquiring liens on any Lot after this Declaration shall have been recorded and whose liens shall also have been recorded, shall be, deemed to consent that their liens shall be and remain inferior to future liens provided for herein whether or not such consent has been expressed in the instruments creating their liens. (c) To evidence a lien for sums assessed pursuant to this Article, the Association may prepare. a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot and a description of the Lot and file or record the same, but such notice of lien shall not be recorded until such assessment has been wholly or partially unpaid "for at least thirty (30) days from the due date. Such lien may be enforced and foreclosed either -by judicial foreclosure by the Association in the same manner in which mortgages on real property may' be foreclosed in Minnesota or by fore- closing the lien in .the manner prescribed by Minnesota Statutes for the foreclosure. of a mechanic's -lien. Each Owner, by -acceptance of a deed for any Lot, does further hereby give full and complete power of sale to the Associa- tion and does consent to a foreclosure of the assessment lien by advertisement. 'In the event of any such foreclosure, and in -the further event that the Association shall prevail in any such foreclosure the person personally obligated to pay the same shall be required to pay all costs of fore- closure including, but not limited to, reasonable attorneys' fees. All such costs and expenses shall be further secured by the lien being foreclosed. The person personally obli- gated to pay such lien, shall also be required to pay the Association any assessments against the Lot which shall become due during the period of foreclosure. The Associa- tion shall have the right and power to bid at the fore- closure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the Lot as the Owner thereof. A release of the notice of lien shall be executed by an officer of the Association and recorded upon payment of all sums secured by such lien. 5.0 r '(d) Any encumbrancer holding a lien on any Lot may pay, but shall not be required to pay, any amounts secured by the lien created and authorized by this Section and, upon payment of such sums, such encumbrancer shall be subrogated to all rights of the Association with respect to such lien, including, but not limited to, priority as to any other lien or interest in such Lot. (e) Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of six (60) percent per annum_ No owner may waive or otherwise escape personal liability for the assessments provided for herein by abandonment of his Lot. A suit to recover a money judgment for such expenses, with costs of collection and interest as provided for here- in, shall be maintainable by the Association without fore- closing or waiving the lien securing the same. 4.10 Subordination of Lien to First Mortgages_ The lien of assessments provided for herein shall be subordinate to the lien of any first Mortgage,' and the sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any. Lot pursuant to the foreclosure of a first Mortgage, or pursuant to any other proceeding or. arrangement in lieu of such foreclosure, shall extinguish the lien of such assessments as to installments which became due prior to the effective date. of such sale, transfer or acquisition by the LMortgagee to the end that no assessment liability shall accrue to an acquiring Mortgagee except .with .respect to installments of assessments becoming due after possession has passed to such acquiring Mortgagee, whether such possession has passed at the termination of any period of redemption or otherwise, and in the event of the extinguishment of such assessment lien as aforesaid, the entire amount of such unpaid assessment shall be reallocated and assessed against, and payable by .the Owners of, all other Lots in the Association, exclusive of such mortgaged Lot. No such sale, transfer or acqui- sition of possession shall relieve an Owner or a Lot from liabil- ity for any assessments thereafter becoming due or from the lien thereof or shall relieve the person personally obligated to pay the assessments which were levied prior to the transfer of such property from the personal obligation to pay the same. ARTICLE V Easements 5.1 Easements. 'In addition to the easements, covenants, restrictions and conditions of Article VI concerning party walls and of Article VII concerning architectural and exterior con- trols, all Living Units and Lots shall be subject. to the private yard easements and covenants hereinafter specifically described for the benefit of the Property, all as more fully set forth hereinafter in this Article. ME 5.2 Private Yard Easements. Except as hereinafter provid- ed, each Owner shall be duly entitled to the exclusive use and occupancy of the Private Yard Area in his Lot to the exclusion of all others; provided, however, the Property generally and all other Owners shall be entitled to a visual easement over all Private Yard Areas, subject to and limited by the original strut- tuees erected thereon by the Developer. No Owner shall erect or cause to be erected any structure of any sort upon his Lot, or plant any trees or.shrubs prior to obtaining the written approval of the Association in accordance with the procedure described in Article VII. Except as permitted under the limited circumstances described in the preceding sentence, all planting, landscaping and private yard maintenance shall be performed by the Associa- tion and the costs thereof shall be and constitute a portion of the general annual assessment by the Association upon all Lots in the Property. .5.3 Underground Utility Easements. Each Lot over which a public utility easement has been. dedicated, as shown on the recorded plat of the Property, shall be subject to a right and easement for underground general utility purposes over. that portion of such Lot which is burdened with such dedicated public utility easement. In addition, the Association or its -proper representative shall also have the right of free access to any Lot or Living Unit for the purpose of maintaining any utility - service to that particular Lot or any other Lot in the Property. Such utility purposes shall include, but not be limited to, sewer, water, electrical and telephone purposes, including the right to build, construct, reconstruct, rebuild, repair; maintain and operate underground sewer, water, electrical mains and tele- phone cables,. and any -surface connections to such underground mains, along with the right to enter upon, and open the ground for such purposes providing that all such openings shall be filled and the surface restored to its former condition. All such utility easements shall jointly run in favor of and inure to the benefit of the Owners of the adjacent Lots, the Association and any and all public authorities or utility companies maintain- ing or operating any utility facilities upon such easement area. The Association shall have the further right to maintainion the exterior of any Living Unit a separately metered water line or lines for good maintenance purposes. ARTICLE VI Party Walls 6.1 General Rules of Law to Apply. Each wall which is built as part of the original construction of the Living Units upon the Property and placed upon the dividing line between the Lots shall constitute a party wall and to the extent not incon- sistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to neglegence or willful acts or omissions shall apply there- to. -10-- W. 6.2 Sharing of Repair and Maintenance. The cost of reason- able repair and maintenance of a party wall shall be shared by the Owners. who make use of the wall.in proportion to such use. 6.3 Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners there- after make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any *such Owners to call for a larger contribution from the others under any rule of - law regarding liability for negligent or willful acts or omissions.. 6.4 Weatherproofing. Notwithstanding any other provisions of this Article, any Owner who, by his negligent or willful act, causes the party wall to be exposed to the elements shall bear the .whole cost of furnishing the necessary protection against such elements. 6.5 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 6.6 Encroachments. If, for whatever reason, a wall intend- ed to be a party wall is not precisely constructed on the divid- ing line between two Lots, during the life of the building con- taining such wall, the Lot upon which such party wall encroaches shall be subject to an easement for the life of such building which shall be in favor of and appurtenant to the other Lot, .to the end that for all purposes of this Declaration, such wall shall be treated as if it were centered precisely upon the common Lot line. 6.7 Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator and the decision of a majority of all of the arbitrators shall be final and conclusive on the question involved. ARTICLE VII Architectural and Exterior Controls 7.1 Architectural Control and Committee Authority. No exterior additions, removals or alterations (including changes in color or appearance) to any building on the Property, additional fences, hedges, walls, walkways and other structures shall be commenced, erected or maintained, except such as are installed or approved by the Developer in connection with the initial construc- tion of the buildings on the Property, until the plans and speci- fications showing the nature, kind, shape, height, materials, -11- location and approximate cost of same shall have been submitted to and approved in writing as to harmony of the external design and location in relation to surrounding buildings erected upon the Property by an architectural committee composed of the Board of Directors of the Association or three (3) or more representa- tives appointed by the Board of Directors. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval shall be deemed to have been given. If no application has been made to the architectural committee or their representatives, or if such application has been rejected, a suit to enjoin or remove such additions, alterations, or changes may be instituted at any time by the Association or any Owner; provided, however, no suit to enjoin or remove such additions, alterations or changes may be commenced if unapproved improvements have been completed for a period of ninety ( 90 ) days and thereafter a deed to a new Owner is recorded, such improvements having been deemed to have been approved by the architectural committee. None of the members of the architectural committee shall be entitled to any compensation for their services performed pursuant to this paragraph, but compensation may be allowed to independent professional advisors. retained by such.committee. Exterior antennae shall not be placed on any building without the express written approval of the archi- tectural committee. During the time in which the Association has a Class B member, all decisions of the architectural committee may be vetoed by the. Developer. 7.2 Exterior Maintenance. In order to preserve the uniform and high standards of appearance of the Property, the Association shall provide and be solely responsible for the maintenance and repair of the exterior of all Living Units, and the walks, yard areas and driveways of the Lots which responsibility shall include, but not be limited.to, the following: The maintenance and repair of the exterior surfaces of all buildings on the -Property, includ- ing, without limitation, the painting of the same as often. as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs, (but excluding all maintenance and repair to glass and other window surfaces), mowing, trimming, watering and other care of grass, trees, and other plants, and the maintenance and repair of walks, driveway aprons, driveways and walkways, including snow removal therefrom. The Association shall also maintain that portion of all private service water and sewer pipelines from the exterior walls of each Living Unit to the point .at which such service pipelines connect to the lateral water and sewer pipelines located within the street right of way. All expenditures by the Asso- ciation for the above --stated purposes shall be uniformity assessed against all Lots in the Property as provided in Section 4.6 hereof; provided, however, all costs and expenses of any mainten- ance or repairs necessitated or caused by willful or negligent acts of an Owner, the Owner's family, invitees, tenants or vend- ees shall be specifically assessed against the Lot of such Owner in the manner provided herein. All maintenance and repair of -12- individual Living Units and garages shall be the sole obligation and responsibility and expense of the individual Owners thereof, except to the extent that the exterior maintenance and repair is provided by the Association. The Association- shall be responsible for all damage done to the Lots and the improvements thereon in the course of such maintenance and repair and shall perform or pay for the restoration of and repairs to such improvements. ARTICLE VIII Insurance and Reconstruction 8.1 Liability Insurance; Fidelity Bonds. -The Board of Directors of the Association, or its duly authorized agent, shall obtain a broad form of public liability insurance insuring the Association, with such limits of liability as the Association shall determine to be necessary, 'against all acts, omissions to act and negligence of the Association, its employees and agents. The Association's Board of Directors shall also provide fidelity bonds providing protection to the Association against loss by reason of acts of fraud or dishonesty on the part of the Associa- tion's Directors, managers, officers, employees or volunteers who are responsible for the handling of funds of the Association in an amount sufficient to provide no less protection than one and one-half (1 1/2) times the estimated annual operating expenses and reserves of the Association. 8.2 Destruction and Reconstruction. In the event that a building or buildings containing a Living Unit is partially or totally destroyed and in the further event that a decision is made by the Owners of the Living Units in such building or build- ings whose Living Units are affected by such destruction .or casualty to repair or reconstruct such building or buildings, then such repairs or reconstruction must be substantially com- menced no later than ninety (90) days .following the date upon which such decision has been made by such Owners.. No such re- construction. or repairs shall be commenced without (i) the unan- imous written .consent of all the Owners in the buildings whose Living Units are affected by such destruction or .casualty and (ii) the written approval of the plans and specifications of the proposed repairs and reconstruction by the Architectural Control Committee. 8.3 Manner of Reconstruction. On reconstruction, the_ design, plan and specifications of any building or Living Unit may vary from that of the original upon approval of the Archi- tectural Control Committee; provided, however, that the number of square feet of any Living Unit may not vary by more than 5% from the number of square feet for such Living Unit as originally constructed, and the location of the buildings shall be substan- tially the same as prior to the damage or destruction_ All reconstruction costs and expenses shall be the sole obligation of -13- the affected Owners only, and shall not be assessed to any other Owners. ARTICLE IX Notice to First Mortgagees 9.1 Mortgagee's Rights. Notwithstanding any other provi- sions of this Declaration, the Articles of Incorporation or the By -Laws of the Association, the provisions of this Article I.X shall control and in the event of a conflict between the provi- sions of this Article and the provisions of such Declaration, Articles, or By -Laws, the provisions of this Article shall con- trol. 9.2 Notice of Default. Any Mortgagee holding a first Mortgage on a Lot, and who shall have previously filed a written request with the 'Association, shall be entitled to written noti- fication of any default by the mortgagor or Owner of such Lot, or his, or their, heirs, successors, or assigns, in the payment of any assessments or the performance of any other duties or obli- gations herein set forth which shall have remained in default for a period of thirty (30) days or more. The neglect or failure of the Association to tender such notice to the Mortgagee shall toll the running: -of any time limits applicable to the procedure for the collection of such assessment or remedies available to the Association on account of such default. 9.3 Consent Required. Without the prior written approval of the Members entitled to cast seventy-five (75%) percent of the votes of each class of membership, the Association shall not be entitled to: (a) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer any Property which the Association shall have .acquired for the benefit of the Owners; .(b) Change the method of determining the obligations, assessments, dues or other charges which may be levied against a Lot; (c) By act or omission, change, waive or abandon the scheme of exterior and architectural controls, exterior maintenance, maintenance of parties walls, or lawn mainten- ance as hereinabove set forth. ..I4- •an owner or buildings situated thereon, shall ch be committed es to indemnify and d any invitee of any Owner and each such damage or waste caused hold harmless the Association and the other Owners from a against all loss resulting from Y destructive or offensive by him or his invitees. No noxious, nor shall anything be done activity shall be allowed on become an annoyance or nuisance to thereon which may be or may other person at any time lawfully any other owner or to any residing on the Property. Animals. No animals, rabbits, livestock,.or upon any 1tr by poultry of any kl d shall be raised, breed or kept Lot or any part thereof, se ruleat s for the keeping - of regulation, rule or otherwise developpets; provided, however, that no dogs, cats or other kept,hold bred or maintained far any commercial such pet purposes. Si s. No signs of any kind shall be displayed to the n 10.4 ided, however, one public view on any Lot; provsign, if not more shall be attached or an five (5) square feet in area anUnit annod whichrivate yard area, may d t upon the p affixed to a Living Unit for sale or rent; provided, uch Living be used to advertise s the further, the Developer reserves and salese lf offina aits e forduringthe� con - right to maintain a bussnesseriod and to place any advertising sign upon struction andduring sales such period. the. Property facilities, as All garage 10.5 Maintenance of Garages• er, shall be retained as and originally erected by the Develop nterior e of us ed for.a garage facility for the o allsbeeconverted bysconstruc_ the vehicles and no sotheruch apurpose. tion or usage to any Parkin and storage of Motor Homis l. Ve�icleseatailers,. 10.G parked Vehicles. No motor homes, similar bona -boats, snowmobiles..-0L other unless sucevehicle is lkepte entirely. stored or.kept on -any Lot u-as erected by the Devel within the garage..facilities assucoriginallyvehile may be temporarily oper; provided,- however, an the owner, his guests, invitees and parked or left unattended' by outside of such garage facilities visitors wholly or P Y but not to exceed forty-eight for a reasonable period of time, (48) hou rs in any thirty_(30) day Period for each such vehicle. ARTICLE XI General Provisions Enforcement. The Association or any owner, shall have 11.1 at law or in equity, all right to enforce, by a proceeding • the rig ervations, liens and restrictions, conditions, covenants, res -15- '140 than five (5) square feet in area and which shall be attached or affixed to a Living Unit and not upon the private yard area, may be used to advertise such Living Unit for sale or rent; provided, further, the Developer reserves for itself and its agents, the right to maintain a business and sales office during the con- struction and sales period and to place any advertising sign upon the Property during such period. 10.5 Maintenance of Garages. All garage facilities, as originally erected by the Developer, shall be retained as and used for a garage facility for the off-street interior storage of the vehicles and no such facility shall be converted by construc- tion or usage to any other purpose. 10.6 Parking and Storage of Motor Homes and Recreational Vehicles. No motor homes, recreational vehicles, trailers, boats, snowmobiles or other similar vehicles shall be parked, stored or kept on any Lot unless such vehicle is kept entirely within the garage facilities as originally erected by the Devel- oper; provided, however, any such vehicle may be temporarily parked or left unattended by the Owner, his guests, invitees and visitors wholly or partially outside of such garage facilities for a reasonable, period of time, but not to exceed forty-eight (48) hours in any thirty (30) day period for each such vehicle. ARTICLE XI General Provisions 11.1 Enforcement. The Association or any Owner, shall have the right to enforce, by a proceeding at law or in equity,all restrictions, conditions, covenants, reservations,liens and charges now or hereafter imposed by the provisions of this Dec- laration including, but not limited to, the collection of all assessments. In the event that the Association should employ the services of an attorney in connection with a breach of the terms hereof by a.. Member, his family, guests, tenants or contract purchasers, or in connection with the enforcement of the terms hereof, and if the Association shall prevail in any such action, such Member shall pay, in addition to all other sums due, the Association's reasonable attorneys' fees, costs and expenses. The failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If these restrictions are enforced by appropriate proceedings by any one or more of such heretofore described.persons, such persons may be reimbursed by the Association for all or any part of the costs incurred, as the Board of Directors of the Association shall, in its sole discretion determine. 11.2 Access. Solely for the purpose of performing the maintenance authorized by this Declaration, the Association -16- covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter_ If these restrictions are enforced by appropriate proceedings by any one or more of such heretofore described person, such persons may be reimbursed by the Association for all or any part of the costs - incurred, as the Board of Directors of the Association shall, in its .sole discretion determine. 11.2 Access. Solely for the purpose of performing the main- tenance authorized by this Declaration, the Association through its duly authorized Agents or employees, shall. have the right,. after reasonable notice to the Owner, to enter upon any Lot. 11.3 Severability. The invalidation of any one of these covenants or restrictions by legislation, judgment or court order shall in no way affect any .other provision which shall remain in full force and effect. 11.4 Amendments_ The provisions of this Declaration may be amended during the first twenty (20) years by an instrument sign- ed by Members entitled to cast no less than ninety percent (go%) of the votes of each class of membership and thereafter by an in- strument- signed by Members entitled to cast no less than seventy- five percent (75%) of such votes_ No amendment shall be effect- ive until it shall have been properly recorded_ 11.5 FHA/VA Approval. As long as there are Class B Members, the following actions shall require the prior approval of the Federal Housing Administration or the Veteran's Administration: 1--nexation of additional properties and the amendment of this Declaration of Covenants, Conditions and Restrictions. 11.6 Limitation on Declaration. The covenants, restrictions, conditions and reservations imposed or established by or created under this Declaration shall run with and bind the Property for a period of thirty (30) years from the date of the recordation of this Declaration and may be enforced as provided in Section 11.1 r_ereinabove. After the expiration of said thirty (30) year period, all of such covenants, restrictions, conditions and reservations shall continue to run with and bind.the Property for successive periods of ten (10)_years each unless revoked, changed or amended in whole or in part, by Members entitled to cast two- thirds (2/3 ) of each class of votes and evidenced by a recorded instrument executed by duly authorized officers oz the Associa- tion. IN WITNESS WHEREOF, the undersigned has caused this document to be executed as of the day and year first above written_ NEW HORIZON HODS, INC. By Robert L. Burger, President -17- r ^'� i STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) . On this day of , 19 , before me a Notary Public within and for said County, appeared ROBERT L. BURGER to me personally known, who being by me duly sworn, did say that he is the President of NEW HORIZON HONES, INC., that the seal affix- ed to the _foregoing instrument is the corporate seal of said corporation, and that said instrument was executed on behalf of said corporation by authority of its Board of Directors and the said ROBERT L. BURGER acknowledged said instrument to be the free act and deed of said corporation. Notary Public This document was drafted by: Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog, P. A. 4624 IDS Center Minneapolis, Minnesota 55402 M&M n J v ADDITIONAL PROPERTY INCLUDED IN GENERAL PLAN OF DEVELOPMENT Outlot A; all in Chaparral 2nd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all of which is situated in said county (a por- tion of which the Declarant intends to replat as Lots 1 through 16, inclusive, Block 3 and to be in Chaparral 3rd Addition). EXHIBIT B FIRST SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON HOME OWNERS ASSOCIATION THIS SUPPLEMENTARY DECLARATION, made on this day of , 19 by NEW HORIZON HOMES, INC. (hereinafter referred to as the "Declarant"); W I T N E S S E T H T H A T: WHEREAS, the Declarant has heretofore executed a Declaration of Covenants, Conditions and Restrictions, dated and filed as Document No.- in the Office of the County Recorder in and for Carver County, Minnesota (hereinafter refer- red to as the "Master Declaration"); and, WHEREAS, the Master Declaration did subject the real prop- erty described on Exhibit "A" attached hereto and by this refer- ence incorporated herein for all purposes (hereinafter referred to as the "Original Property") to the covenants, restrictions, easements, charges and liens set forth in the Master Declaration each and all of which is and are for the benefit of the Original Property and the residential community which the Declarant desires to create thereon; and, WHEREAS, Section 2.1 of the Master Declaration provides that the Declarant shall have the right to bring within the scheme of the Master Declaration the additional real property described on Exhibit "B" attached hereto and by this reference incorporated herein for all purposes (hereinafter referred to as the "Addi- tional Property") in future stages of development if the develop- ment plan for the Additional Property is in accordance with the general plan of development for the Original and Additional Property heretofore approved by the Federal Housing Administra- tion and the Veteran's Administration; and, WHEREAS, the Declarant is the fee simple owner of the Addi- tional Property and desires to subject such property to the covenants, restrictions, easements, charges and liens described in the Master Declaration; and, WHEREAS, the Federal Housing Administration and Veteran's Administration have determined that the Additional Property and the development plan of the Declarant therefor are in accordance with the general plan of development heretofore approved by each of them; NOW, THEREFORE, in consideration of the premises, the Declar- ant hereby declares that the Additional Property shall be held, transferred, sold, conveyed and occupied subject to the condi- tions, restrictions, easements, charges and liens set forth in the Master Declaration, which covenants and restrictions shall run with the Additional Property and be binding upon all persons having any right, title or interest in the Additional Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof; and in furtherance thereof the Declarant hereby declares: 1. EFFECTIVE DATE. The Additional Property shall become subject to the Master Declaration on the date this Supplementary Declaration is filed of record in the Office of the County Record- er in and for Carver County, Minnesota. 2. DECLARATION OF EASEMENTS. In addition to the easements described in the Master Declaration which are hereby made applic- able to the Additional Property, the Declarant has also estab- lished certain common driveway and utility easements which are applicable to the Additional Property and all of which are more fully described in that certain First Supplementary Declaration of Easements for Cimarron Home Owners Association, dated of even date herewith and filed of record in the Office of the County Recorder in and for Carver County, Minnesota. 3. AUTHORITY. This Supplementary Declaration is made in accordance with the rights reserved to the Declarant in Section 2.1(a) of the Master Declaration. 4. NO MODIFICATION. Nothing herein shall be deemed to amend, modify or in any respect alter the terms, covenants and restrictions.set forth in the Master Declaration, all of which is hereby ratified and confirmed in its entirety. IN WITNESS WHEREOF, the Declarant has caused this Supplemen- tary Declaration to be executed as of the day and year first above written. NEW HORIZON HOMES, INC. By Robert L. Burger, President -2- STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) On this day of 19 - before me a Notary Public, appeared ROBERT L. BURGER to me personally known, who, being by me duly sworn, did say, that he is the President of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corpora- tion and the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said ROBERT L. BURGER acknowledged said instrument to be the free act and deed of said corporation. Notary Public This document was drafted by: Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog, P.A. 4624 IDS Center Minneapolis, Minnesota 55402 -3- C ORIGINAL PROPERTY Lots 1 through 36, inclusive, Block 1; Lots 1 through 20, inclusive, Block 6; all in Chaparral 2nd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all of which is situated in said county. EXHIBIT A RICTNov 131979 ADDITIONAL PROPERTY Lots 1 through 60, inclusive, Block 1; Lots 1 through 40, inclusive, Block 2; all in Chaparral 3rd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all of which is situated in said county. EXHIBIT B FIRST SUPPLEMENTARY DECLARATION OF EASEMENTS FOR CIMARRON HOME OWNERS ASSOCIATION THIS SUPPLEMENTARY DECLARATION OF EASEMENTS, made and de- clared on this day of , 19 by NEW HORIZON HOMES, INC., a Minnesota corporation (hereinafter referred to as the "Declarant") ; W I T N E S S E T H T H A T: WHEREAS, Declarant is the owner of the real property des- cribed on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes (the "Property"); and, WHEREAS, the Property has been platted and subdivided into individual lots (the "Lots") for development as a multi -family residential housing community; and, WHEREAS, pursuant to that certain First Supplementary Declara- tion of Covenants, Conditions and Restrictions, dated of even date herewith, the Lots and the Property have been made subject to the -conditions and restrictions more fully described in that certain Declaration of Covenants, Conditions and Restrictions, dated , and recorded as Document No. , in the Office of the County Recorder .in and for Carver County, Minnesota; and, WHEREAS, pursuant to such Supplementary Declaration of Covenants, Conditions and Restrictions, the Declarant desires to declare and establish certain easements which will benefit and burden the Lots for the purpose of. facilitating the development and continued existence of the Property as such multi -family community; WHEREAS, the Declarant has caused the Cimarron Home Owners Association (the "Association") to be incorporated under the laws - of the State of Minnesota for the purpose of exercising the rights granted to the Association in that certain Declaration of Covenants, Conditions and Restrictions which is also applicable to the Property; NOW; THEREFORE, in consideration of the premises, the Declar- ant hereby declares that the Lots are, and shall be held, trans- ferred, sold,, conveyed and occupied subject to the easements and covenants hereinafter set forth, which easements and covenants shall burden and benefit and run with the land of the particular Lots described hereinafter and be binding upon and inure to the benefit of all parties having any right, title or interest in such Lots, or any part thereof, their heirs, successors and assigns, and are described as follows: 1. Private Common Drivewav Easements. (a) Common Driveway Easement. Each of the Lots identified under Column I on Exhibit B attached hereto and by this reference incorporated herein for all purposes shall be subject to and burdened with a common driveway easement over the specified portions of such Lots described under Column II on Exhibit B, running in favor of the Owners of the Lots identified under Column III on Exhibit B, their tenants, invitees and licensees, and the Association, but in common with all 'others having a similar right, for the purpose of pedestrian and"vehicular ingress and egress to and from public streets and the respective Lots served and benefited by such easements. (b) Maneuvering Easement. Each of the Lots identified on Exhibit B, which is served and benefited by, or subject to and burdened with, a common driveway easement as described herein - above in subparagraph 1(a), shall be subject to and burdened with a maneuvering easement running in favor of the Owners of any other Lot or Lots also served or burdened by such common driveway easement, their tenants, invitees and licensees, and the Associa- tion, but in common with all others having a similar right, for the purpose of backing, turning or otherwise maneuvering vehicles, but only over that portion of such burdened Lot which is covered by the paved driveway apron, as originally constructed by the Declarant, which lies more than twenty (20) feet, measured per- pendicularly, from the garage door of the building erected by the Declarant upon such burdened Lot. (c) Interference with Easements. No obstructions which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the common driveway easement or maneuvering easement shall be erected, condoned or permitted to endure by the Owner of any Lot burdened with such easements, his tenants, invitees or licensees, or the Association, nor shall any other conduct, passive or affirmative, including, but not limited to the parking or storage of vehicles, be permit- ted which would in any manner restrict the rights of the respec- tive Owners of each benefited Lot, their tenants, invitees and licensees, and the Assocation, to fully utilize such easements for the purposes permitted herein. The provisions of this sub- paragraph shall constitute restrictive covenants running with and binding upon the Lots described on Exhibit B. 2. Underground Utility Easements. Each of the Lots iden- tified on Exhibit C attached hereto and by this reference made a part hereof, shall be subject to a right and easement for under- ground general utility purposes over the portions thereof which are described on Exhibit C, and, in addition, each Lot over which a public utility easement has been dedicated, as shown on the -2- recorded plat of the Property, shall also ..be subject to a right and easement for underground general utility purposes over that portion of such Lot which is burdened with such dedicated public utility easement. Such utility purposes shall include, but not be limited to, sewer, water, electrical and telephone purposes, including the right to build, construct, reconstruct, rebuild, repair, maintain and operate underground sewer, water, electrical mains and telephone cables, and any surface connections to such underground mains, along with the right to enter upon, and open the ground for such purposes providing that all such'openings shall be filled and the surface -restored to its former condition. All such utility easements shall ..jointly run in favor of and inure to the benefit of the Owners Hof .the adjacent Lots, the Association and any and all public authorities or utility com- panies maintaining or operating any utility facilities upon such easement area. 3. Priority. The utility easements described hereinabove in paragraph 2, are and shall continue to be superior to the common driveway and maneuvering easements described hereinabove in paragraph 1; provided, however, in the event that it shall be necessary to install, repair or maintain any utility facilities crossing any common driveway or maneuvering easement, such repairs and maintenance shall be undertaken so as to cause, to the extent practicable, minimal interference with the use of such easements, and any and all damage to the road or driveway apron surfaces shall be repaired and the surface fully restored. 4. Easements Perpetual and Appurtenant. The easements described herein shall be perpetual in duration and shall be appurtenant to the Lots which are served and benefited by such easements. 5. Easement Rights of Association. Notwithstanding any- thing herein to the apparent contrary, all the easements created herein which run in favor of the Association are only exercisable by the Association in connection with the exercise of those rights and obligations of the Association which are more fully described in that certain Declaration of Covenants, Conditions and Restrictions which is also applicable to the Property. 6. Enforcement of Easements. (a) Right to Enforce. Each of the easements and restrictions as set forth herein shall be enforceable by any of the Owners of any Lot which is benefited by such easement, any of their respec- tive successors in title, and the Association, but no other person shall. have any right to enforce any of such easements or restrictions nor shall any other person, other than such Owner, the Owner's tenant, invitees and licensees, and the Association, have any interest in the easements hereby created and declared. Nothing contained herein shall constitute a dedication of any interest in such easements to the public or give any members of the public any rights hereunder. The failure of the Association -3- or any Owner to enforce any of the easements or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. r: (b) Remedies for Violation. In the event of any violation or attempted or threatened violation of the terms hereof, or any interference or attempted or threatened interference with the easements rights herein granted, each of the easements and res- trictions may be enforced by a proceeding at law or in equity, or both. If any person shall elect to enforce the terms hereof by a proceeding in equity, such person may petition for a restraining order or injunction, temporary or permanent, prohibiting such violation or interference and demanding compliance with the provisions hereof, which restraining order -and - injunction shall be obtainable upon proof of the existence of such violation or attempted or threatened violation or interference, and without the necessity of proof of the inadequancy of legal remedies or irreparable harm. (c) .Costs of Enforcement. If any of the easements or res- trictions created herein are enforced by appropriate proceedings by any Owner, such Owner may be reimbursed by the Association for all or any part of the costs incurred by such Owner in the enforce- ment thereof, including, but not limited to reasonable attorneys' fees, costs and expenses, as the Board of Directors of the Associa- tion shall, in its sole discretion determine. If any of the easements or restrictions created herein are enforced by appro- priate proceedings by the Association in connection with a breach of the terms hereof by any Owner, the Owner's family, guests, tenants or contract purchasers, and if the Association shall prevail in any such proceeding, such Owner shall also pay all reasonable attorneys' fees, costs and expenses incurred by the Association in connection with the enforcement of such easements and restrictions. 7. Construction. In the event of any ambiguity as to the scope of any easement or the obligations of any person affected thereby, all of such easements shall be interpreted and construed in a manner consistent with and in accordance with the general purposes and plan of development as set forth in the Declaration of Covenants, Conditions and Restrictions applicable to the Property. IN WITNESS WHEREOF, New HorizonHomes, Inc. has caused these presents to be executed as of the date first above written. NEW HORIZON HOMES, INC. By Robert L. Burger, President -4- STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) On this day of , 19 , before me, a - Notary Public iw thin and for said County, appeared ROBERT L., BURGER to me personally known, who being by me duly sworn, did say, that he is the President of NEW HORIZON HOMES, INC., that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed on behalf of said corporation by authority of its Board of Direc- tors and the said ROBERT L. BURGER acknowledged said instrument to be the free act and deed of said corporation. Notary Public This document was drafted by: Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog, P.A. 4624 IDS Center Minneapolis, Minnesota 55402 -5- PROPERTY DESCRIPTION Lots 1 through 40, inclusive, Block 2 '`l Lots 1 through 60, inclusive, Block'; all in Chaparral 3rd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all of which is situated in said county. Lots 35 and 36, Block 1; Lots 18 and 19, Block 6; all in Chaparral 2nd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all -of which is situated in said county. EXHIBIT A r A PRIVATE COMMON DRIVEWAY EASE ?TS (Each being a 14 foot strip, 7 feet on either side of the indicated center line, including such extensions as may be required to reach angular or curved lot lines. All lot references are to lots in Chaparral 3rd Addition, unless otherwise speci- fically designated.) Column I Column II SERVIENT PARCEL(S) CENTER LINE OF EASEMENT STRIP Column III DOMINANT (SERVED) PARCEL(S) Lots 35 and 36, Commencing at the Northeast corner of Lots 35 and 36, Block Block 1, Chaparral Lot 1, Block 1, being the POINT OF BEGIN- 1, Chaparral 2nd 2nd Addition and NING; thence Westerly along the Northerly Addition and Lots Lots 1 and 2, Block lot lines of Lots 1 and 2, Block 1, a 1 and 2, Block 1, 1, Chaparral 3rd distance of 110 feet and there terminating. Chaparral 3rd Addition Addition Lots 3, 4, 5 and 6, Commencing at the Northeasterly corner Lots 3, 4, 5 and 61 Block 1 of Lot 5, Block 1, being the POINT OF Block 1 BEGINNING; thence Westerly along the Northerly lot lines of Lots 5 and 6, Block 1, a distance of 110 feet and there terminating. Lots 7, 8, 9 and 10, Commencing at the Northeasterly corner of Lots 71 8, 9 and 10. Block 1 Lot 9, Block 1, being the POINT OF BEGIN- Block 1 NING; thence Southwesterly along the North- westerly lot lines of Lots 9 and 10, Block 1, a distance of 125 feet and there termi- nating. Lots 11, 12, 13 and Commencing at the Northeasterly corner Lots 11, 12, 13 and 14, Block 1 of Lot 13, Block 1, being the POINT OF 14, Block 1 BEGINNING; thence Southwesterly along the Northwesterly lot lines of Lots 13 and 14, Block 1, a distance of 110.feet and there terminating. Lots 15, 16, 17 and Commencing at the Northeasterly corner Lots 15, 16, 17 and 18, Block 1 of Lot 17, Block 1, being the POINT OF 18, Block 1 BEGINNING; thence Southwesterly along the Northwesterly lot lines of Lots 17 and 18, Block 1, a distance of 130z feet and there terminating. Lots 19, 20, 21 and Commencing at the most Northerly corner of Lots 19, 20, 21 and 22, Block 1 Lot 21, Block 1, being the POINT OF BEGIN- 22, Block 1 NING; thence Southwesterly along the North - EXHIBIT B SERVIENT PARCEL(S) CENTER LINE OF EASEMENT STRIP DOMINANT (SERVED) PARCEL(S) westerly lot lines of Lots 21 and 22, Block 1, a distance of 115 feet and there termi- nating. Lots 23, 24, 25 and Commencing at the Northwesterly corner 26, Block 1 of Lot 25, Block 1, being the POINT OF BEGINNING; thence Southwesterly along the Northwesterly lot lines of Lots 25 and 26, Block.l, a distance of 115 feet and there terminating. Lots 23, 24, 25 and 26, Block 1 Lots 27, 28, 29 and Commencing at the Northwest corner of Lot Lots 27, 28, 29 and 30, Block 1 29, Block 1, being -the POINT OF BEGINNING; 30, Block 1 thence Southerly along the Westerly lot lines of Lots 29 and 30, Block 1, a dis- tance of 110 feet and there terminating. Lots 31, 32, 33 and Commencing at the -.Northwest corner of Lot Lots 31, 32, 33 and 34, Block 1 33, Block 1, being the POINT OF BEGINNING; 34, Block 1 thence Southerly along the Westerly lot lines of Lots 33 and 34, Block 1, a distance of 110 feet and there terminating. Lots 35, 36, 37 and Commencing at the most Westerly corner of 38, Block 1 Lot 37, Block 1, being the POINT OF BEGIN- NING; thence Southeasterly along the South- westerly lot lines of Lots 37 and 38, Block 1, a distance of 120 feet and there termi- nating. Lots 39, 40, 41 and Commencing at the most Northerly corner of 42, Block 1 Lot 40, Block 1, being the POINT OF BEGIN- NING; thence Southeasterly along the North- easterly lot lines of Lots 40 and 39, Block 1, a distance of 120 feet and there termi- nating. Lots 43, 44, 45 and Commencing at the Southwesterly corner 46, Block 1 of Lot 45, Block 1, being the POINT OF BEGINNING; thence Southeasterly along the Southwesterly lot lines of Lots 45 and 46,- Block 1, a distance of 120 feet and there terminating. Lots 35, 36, 37 and 38, Block 1 Lots 39, 40, 41 and 42, Block 1 Lots 43, 44, 45 and 46, Block 1 Lots 47, 48, 49 and Commencing at the most Southwesterly cor- Lots 47, 48, 49 and 50, Block 1 ner of Lot 49, Block 1, being the POINT OF 50, Block 1 BEGINNING; thence Easterly along the South- erly lot lines of Lots 49 and 50, Block 1, a distance of 105 feet and there terminating. Lots 51, 52, 53 and Commencing at the Southwesterly corner of Lots 51, 52, 53 and 54, Block 1 Lot 53, Block 1, being the POINT OF BEGIN- 54, Block 1 NING; thence Easterly along the Southerly lot line of Lots 53 and 54, Block 1, a dis- tance of 125 feet and there terminating. -2- DOMINANT SERVIENT PARCEL(S) CENTER LINE OF EASEMENT STRIP (SERVED) PARCEL(S) Lots 55, 56, 57 and Commencing at the Southwest corner of Lot Lots 55, 56, 57 and 58, Block 1 57, Block 1, being the POINT OF BEGINNING; 58, Block 1 thence Southeasterly along the Southwest- erly lot lines of Lots 57 and 58, Block 1, a distance of 110 feet and there termi- nating. Lots 59 and 60, Commencing at the most Northeasterly cor- Lots 59 and 60, Block 1 ner of Lot 60, Block 1, being the POINT OF Block 1 BEGINNING; thence Southwesterly along the Southeasterly lot line of Lot 60, Block 1, a distance of 15 feet and there terminating. Lots 1 and 2, Block 2, Commencing at a point on the Westerly lot Lots 1 and 2,,Block 2 line of Lot 2, Block 2, at a point which is the point of intersection of said lot line and a line which is parallel to and 7 feet Southerly of the Northerly lot line of Lots 2 and 1, Block 2, said point of intersection being the POINT OF BEGINNING; thence Easterly along said parallel line a distance of 105 feet and there termi- nating. Lots 3_, 4, 5 and 6, Commencing at the Northwesterly corner of Lots 3, 4, 5 and 6, Block 2 Lot 6, Block 2, being the POINT OF BEGIN- Block 2 NING; thence Northeasterly along the North- westerly lot lines of Lots 6 and 5, Block 2, a distance of 110 feet and there termi- nating. Lots 7 and 8, Block 2 Commencing at the Southeast corner of Lot Lots 7 and 8, Block 2 7, Block 2, being the POINT OF BEGINNING; thence Northwesterly along the North- easterly lot line of Lot 7, Block 2, a distance of 47 feet and there termi- nating. Lots 4, 5, 8, 9 and Commencing at the Southwest corner of Lot Lots 9 and 10, 10, Block 2 9, Block 2, being the POINT OF BEGINNING; Block 2 thence Northwesterly along the Southwest- erly lot lines of Lots 9 and 10, Block 2, a distance of 135 feet and there terminating. Lots 11, 12, 13 and Commencing at the most Southerly corner of Lots 11, 12, 13 and 14, Block 2 Lot 12, Block 2, being the POINT OF BEGIN- 14, Block 2 NING; thence Northeasterly along the South- easterly lot lines of Lots 12 and 11, Block 2, a distance of 140 feet and there termi- nating. Lots 15, 16, 17, 21, Commencing at the most Westerly corner of Lots 15 and 16, Block 2 24 and 25, Block 2 Lot 16, Block 2, being the POINT OF BEGIN- NING; thence Southeasterly along the South- westerly lot line of Lot 16, Block 2 (which lac �SERVIENT PARCELS) CENTER LINE OF EASEMENT STRIP DOMINANT -(SERVED-) PARCELS) is also the Northeasterly lot line of Lot 17, Block 2), a distance of 38.29 feet, to a point which is the most Easterly corner of Lot 17, Block 2; thence Southeasterly along the Northeasterly lot lines of Lots 21, 24 and 25, Block 2, a distance of 100 feet and there terminating. Lots 17 and 18, Commencing at the most Northerly corner of Lots 17 and 18, Block Block 2 Lot 18, Block 2, being the POINT OF BEGIN- - NING; thence Southeasterly along the North- easterly lot line of Lot 18, Block 2, a distance of 43 feet and there terminating. Lots 19, 20, 21 and Commencing at the most Westerly corner of Lots 19, 20, 21 and 22, Block 2 Lot 22, Block 2, being the POINT OF BEGIN- 22, Block 2 NING; thence Northeasterly along the North- westerly lot lines of Lots 22 and 21, Block 2, a distance of 115 feet and there termi- nating. Lots 23, 24, 25 and Commencing at the Southwest corner of Lot Lots 23, 24, 25 and 26, Block 2 26, Block 2, being the POINT OF BEGINNING; 26, Block 2 thence Northerly along the Westerly lot lines of Lots 26 and 25, Block'2, a dis- tance of 110 feet and there terminating. Lots 27, 28, 29 and Commencing at the most Easterly corner of Lots 27, 28, 29 and 30, Block 2 Lot 27, Block 2, being the POINT OF BEGIN- 30, Block 2 NING; thence Northwesterly along the North- easterly lot lines of Lots 27 and 28, Block 2, a distance of 130 feet and there termi- nating. Lots 31, 32, 33 and Commencing at the Northeast corner of Lot Lots 31, 32, 33 and 34, Block 2 31, Block 2, being the POINT OF BEGINNING; 345, Block 2 thence Westerly along the Northerly lot lines of Lots 31 and 32, Block 2, a distance of 110 feet and there terminating. Lots 35, 36, 37 and Commencing at the Northeast corner of Lot Lots 35, 36, 37 and 38, Block 2 35, Block 2, being the POINT OF`BEGINNING; 38, Block 2 thence Westerly along the Northerly lot lines of Lots 35 and 361 Block 2, a dis- tance of 110 feet and there terminating. Lots 18 and 19, Commencing at the Northeast corner of Lot Lots 18 and 19, Block Block 6, Chaparral 39, Block 2, being the POINT OF BEGINNING; 6, Chaparral 2nd 2nd Addition and thence Northwesterly along the Northeaster- Addition and Lots 39 Lots 39 and 40, ly lot lines of Lots 39 and 40, Block 2, a and 40, Block 2, Block 2, Chaparral distance of 110 feet and thereterminating. Chaparral 3rd 3rd Addition Addition -4- 0 UTILITY EASEMENTS (Each being a 14 foot strip, 7 feet on either side of the indi- cated center line, including such extensions as may be required to reach angular or curved• lot lines. All lot references are to lots in Chaparral 3rd Addition, unless otherwise specifically designated.) Commencing at a point on the Southwesterly lot line of Lot 2, Block 2, at a point which is the point of intersection of said lot line and a line which is parallel to and 37 feet Northwest- erly of the Southeasterly lot lines of Lots 2 and 1, Block 2, said point of intersection being the POINT OF BEGINNING; thence Northeasterly along said parallel line a distance of 105 feet and there terminating. Commencing at a point on the curved Southerly lot line of Lot 9, Block 2, at a point which is the point of intersection of said lot line and a line which is parallel to and 4 feet Northeasterly of the Southwesterly lot line of Lot 9, Block 2, said point of intersection being the POINT OF BEGINNING; thence -Northwesterly along said parallel line a distance of 13 feet to a second point of intersection with a line which is parallel to and 37 feet Northwesterly of the Southeasterly lot lines of Lots 9 and 10, Block 2; thence Northeasterly along said second parallel line a distance of 110 feet and there terminating. Commencing at a point on the curved Northwesterly lot line of Lot 16, Block 2, at a point which is the point of intersection of said lot line and a line which is parallel to and 37 feet South- erly of the Northerly lot lines of Lots 16 and 15, Block 2, said point of intersection being the POINT OF BEGINNING; thence East- erly along said parallel line a distance of 125 feet and there terminating. �1 EXHIBIT C CONSENT TO ANNEXATION OF ADDITIONAL PROPERTY THIS CONSENT, made on this day of JI 19 Y the Federal Housing Administration, an agency of the United States Government (herein referred to as the "FHA"); W I T N E S S E T H T H A T: WHEREAS_ New Horizon Homes, Inc., a Minnesota corporation (hereinafter referred to as the "Developer") is the owner of the real property described on Exhibit "A" attached hereto and b this referer — Y incorporated herein for all purposes (the "Addi- tional Prope—y«); and, WHEREAS the Developer has reserved the right to subject the Additional P—.perty to the conditions and restrictions more full described in what Y certain Declaration of Covenants, Conditions and Restrict_ ins for Cimarron Home Owners Association, dated and recorded as Document No. _ in the Office of the` County Recorder in and for Carver Count Declaration b Y (such Ong hereinafter referred to as the "Master Declara- tion"); and, WHEREAS,e Developer now desires to subject the Additional Property to th_ conditions and restrictions of the Master Declar- ation; and, WHEREAS, Section 2.1 of the Master Declaration provides that the FHA shall have the right to veto any such annexation by the Developer if the development plan for the Additional Property is not in accordance with the general plan of development heretofore approved by the FHA for the real property described'in the Master Declaration and the Additional Property; and, WHEREAS, the FHA has determined that the development plan for the Additional Property is in accordance with the general plan of development heretofore approved by it; NOW, THEREFORE, in consideration of the premises, the FHA does hereby consent to the submission of the Additional Property to the conditions and restrictions of the Master Declaration. IN WITNESS WHEREOF, the FHA has caused this Consent to be executed as of the date and year first above written. FEDERAL HOUSING ADMINISTRATION By Its -2 - STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) On this day of 19 , before me, a Notary Public, appeared , to me personally known, who being by me duly sworn, did say that he is the of the FEDERAL HOUSING ADMINISTRATION and that said instrument was signed and sealed on behalf of such agency of the United States Government by authority vested in him by law. Notary Public THIS DOCUMENT WAS DRAFTED BY: Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog, A Professional Association 4624 IDS Center Minneapolis, Minnesota 55402 -3- 10 l ADDITIONAL PROPERTY Lots 1 through 40, inclusive, Block 1; Lots 1 through 60, inclusive, Block 2; all in Chaparral 3rd Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Carver County, Minnesota and all of which is situated in said county. EXHIBIT A