79-04 - Fox Chase PUD pt 19l _ a
STATE OF MINNESOTA
COUNTY OF CARVER
Derrick Land Company,
corporation,
v.
DISTRICT COURT
N4 R 0 i 1983
jAByjR COUNTY
Joyce A. VanEyll
Petitioner
and Plaintiff,
City of Chanhassen, a municipal
corporation; and Thomas Hamilton,
Clark Horn, Patricia Swenson, Dale
Geving, John Neveaux and Carol
Watson,
Respondents
and Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
ORDER ALLOWING ALTERNATIVE
WRIT OF MANDAMUS
RECEIVED
MAR 7 1983
CITY OF CHANHASSEN
S=ZO N- M `L
The within Alternative Writ of.Mandamus is hereby allowed,
returnable in a special term hearing of the District Court for Carver
County to be held at the Carver County Courthouse in the City of
Chaska, on Mara 190 , 1983, at 9:3& o'clock, Em.; service thereof is
hereby directed to be made by delivery of said writ, together with a
copy of. this Order and.the Petition for said Writ, to:
1. Clerk for the City of Chanhassen or his duly appointed
representative;
2. Russell Larson, attorney for the City of Chanhassen, or his
duly appointed representative;
3. Thomas Hamilton, Clark Horn, Pat Swenson, Dale Gelving, and
John Neveaux.
Dated: yv`f'f � `} >' 1� ��
BY THE COURT:
Q
Judge of District Court
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Derrick Land Company, a Minnesota
corporation,
Petitioner
and Plaintiff,
V.
SUMMONS
City of Chanhassen, a municipal
corporation; and Thomas Hamilton,
Clark Horn, Patricia Swenson, Dale
Geving, John Neveaux and Carol
Watson,
Respondents
and Defendants.
THE STATE OF MINNESOTA TO THE. ABOVE -NAMED DEFENDANTS:
You are hereby summoned and required to serve upon Plaintiff's
attorneys an answer to the Verified Petition for Alternative Writ of
Mandamus, and Complaint for Declaratory Judgment and Other Relief which
is herewith served upon you within twenty (20) days after service of
this Summons upon you, exclusive of the day of service. If you fail to
do so, judgment by default will be taken against you for the relief
demanded in the. Complaint.
Dated: N"*_rdA A , 1115
RECEIVED
[AAR 71988
CITY OF CHANHASSEN
S: zo pr. M.
Christopher U Dietzen, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
Attorneys for Petitioner/Plaintiff
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(612) 835-3800
'STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
Derrick Land Company, a Minnesota
corporation,
Petitioner
and Plaintiff,
v.
City of Chanhassen, a municipal
corporation; and .Thomas Hamilton,
Clark Horn, Patricia Swenson, Dale
Geving, John Neveaux and Carol
Watson,
Respondents
and Defendants.
FIRST JUDICIAL DISTRICT
VERIFIED PETITION FOR
ALTERNATIVE WRIT OF
MANDAMUS, AND COMPLAINT
FOR DECLARATORY JUDGMENT
AND OTHER RELIEF
The Petitioner, Derrick Land Company, respectfully represents to
the Court as follows:
FIRST CAUSE OF ACTION -
I.
This Verified Petition for Alternative Writ of Mandamus is brought
pursuant to Minn. Stat. S586.01, et seg.,for an -order directing the
City of Chanhassen to execute the Developer's Agreement in the form
attached hereto as Attachment "A" and pursuant thereto to sign and
file the final plat for the project more particularly described herein
consistent with the Developer's Agreement.
II.
Petitioner, Derrick Land Company, of 1650 Shelard Tower,
Minneapolis, Minnesota, is organized and existing as a Minnesota
corporation engaged in the business of developing real estate, among
other things, in the Twin City metropolitan area as well as elsewhere.
0 i
`` III•
The City of Chanhassen is a municipal corporation organized and
existing pursuant pursuant to the laws of the State of Minnesota and
is located in the County of Carver.
IV.
Respondent Tom Hamilton was at all times relevant herein the Mayor
of the City of Chanhassen and -was named in that capacity. The other
Respondents Clark Horn, Patricia Swenson, Dale Geving,.John Neveaux
and Carol. Watson were at all times relevant herein council members of
the City of Chanhassen and are named in that capacity.
V.
Petitioner has an interest in thirty-five and five -tenths (35.5)
acres of vacant land (the Property) located at the extreme northwest
end of Lotus Lake in. Chanhassen, County of Carver, State of Minnesota,
and legally described as:
The -southwest corner of the north 1/2 of Section 1, Township
1161 Range 23, Carver -County, Minnesota.
See, Attachment "B"..
VI.
The land is surrounded by vacant land and residential development
with large single-family lots to the north and across Lotus Lake to
the east, partially developed five (5) acre parcels to the west, and
the Carver Beach neighborhood to the south.
VII.
The Property borders Lotus Lake on its eastern boundary with
approximately one thousand fifteen (1,015) lineal feet of lake
frontage. Lotus Lake is two hundred thirty-five (235) acres in size.
The vast majority of the perimeter of Lotus Lake is developed except
2.
Petitioner's Property. Respondent City of Chanhassen (the City), has
not permitted or approved public access to the lake, but there are
approximately eighty (80) private docks located adjacent to private
residences around Lotus Lake.
VIII.
Prior to April 7, 1980, Petitioner requested rezoning of the
Property to P-1 Planned Residential District, and filed for
preliminary plat approval for a.configuration of fifty-two (52) lots
on the thirty-five and five -tenths (35.5) acre parcel.
IX.
At all times relevant herein, the official actions taken by
Respondent City with respect to Petitioner's Property had been
quasi-judicial in nature for which Petitioner is entitled to seek
appropriate judicial review pursuant to Minnesota Law.
X.
On April 7, 1980, the City held a public hearing to review
Petitioner's request for rezoning and preliminary plat approval for
the subject Property. After the public hearing Respondents rezoned
the Property P-1 Planned Residential District and granted preliminary
plat approval subject to certain conditions.
XI.
On July 21, 1980, Respondent City held a public hearing to review
the final development plan and preliminary plat approval with respect
to the proposed development of Petitioner's Property. The City
granted Petitioner's final development approval subject to certain
conditions in accordance with the City Zoning Ordinance (Ordinance No.
47, 514), which is attached hereto as Attachment "C."
3.
XI I.
The conditions imposed by the City Council on July 21, 1980 to
Final Development Plan approval are as follows:
a. The outlot area is designated a conservation area and no park
credits are being given.
b. There will be an eight (8) foot trail through the
conservation area of the proposed project which the developer
will construct, grade and install.
c. Petitioner shall use the City Engineer for preparation of
plans and specifications while staking and inspecting the
project.
d. A conservation easement is established within the area below
the nine hundred (900) foot elevation pursuant to the
comprehensive plan.
e. Petitioner will carry out construction of improvements and
structures in accordance with the requirements of -the Riley
Purgatory Creek Watershed District, and the Soil Conservation
Service evaluation report dated June 18, 1980.
f. Petitioner shall. use extra precautions so that removal of
existing vegetation may be kept to a minimum -during
construction.
g. The building plans for all residences proposed shall be
certified by an architect or civil engineer registered in the
State of Minnesota.
h. Petitioner is required to post sufficient escrows to assure
that the degree of engineering and inspection is carried out
as recommended in the Riley Purgatory Creek Watershed
District and the Soil Conservation Service. -
i. Wider streets should be considered.
j. Intersection radii should be twenty (20) feet.
k. Sanitary sewer should be eight (8) inches and manholes in
cul-de-sacs extended.
1. The water main should be eight (8) inches on the main street
and six (6) inches on the cul-de-sacs.
m. The water main should be looped internally within the
development, or looped to existed water on Huron.
n. The thirty (30) inch drainage pipe for the proposed drainage
should be increased to thirty-six (36) inches.
4.
o. Street grades require a waiver of the seven percent (7%)
maximum grade limitation which is granted.
XIII.
Thereafter, Petitioner followed the procedure outlined by the City
in its zoning ordinance and subdivision ordinance to finalize approval
of the project which is to execute a developer's agreement with the
City incorporating the terms and conditions of the final Development
Plan Approval and to have the final plat signed and filed with the
County Recorder.
The City has called the proposed development Fox Chase Addition
and has considered it a Planned Unit Development (PUD) pursuant to
S19.01 of the City Zoning Ordinance as the proposal involves more than
twenty-five (25) single family lots. However, Petitioner has never
agreed that the proposal should be considered a PUD. Rather,
Petitioner asserts that the proposal. is merely a subdivision pursuant
to Chanhassen Ordinance No. 33.
XIV..
Over the next several months Petitioner met with City staff on
several occasions to pursue implementation of the conditions set forth
in Paragraph XII, supra. During the course of those meetings City
staff recommended certain revisions be made to the proposal in order
to expedite approval and implementation of Fox Chase Addition. After
several meetings, discussions and consultations, Petitioner submitted
a plan amendment to the City which was set on for hearing before the
Planning Commission on April 22, 1981. A copy of the configuration
for the plan amendments is attached hereto as Attachment "D." The
Planning Commission, in essence, recommended approval if certain
conditions were met.
5.
XV.
Pursuant to requirements imposed by the City Council, Petitioner
filed documents with the City on June 22, 1981, evidencing compliance
with all conditions imposed by the City in its final Development Plan -
Approval dated July 21, 1980. Petitioner submitted the original Plan
and the revised Plan indicating that both complied with the conditions
imposed in the approval of July 21, 1980. See, letter dated June 22,
19811 to the City of Chanhassen,. which is attached hereto as
Attachment "E."
XVI.
Upon submission of the documents on June 22, 1981, Petitioner
complied with all conditions of final development approval and was
entitled to and demanded execution of a developer's agreement.
XVII.
Since June 22, 1981, Petitioner has diligently sought approval of
Fox Chase Addition for which the City has responded by attempting to
expand, modify, and add new conditions to the approval of the project.
For example, on July 20, 1981, the City attempted to add a new
condition requiring the issuance of a permit from the Corps of
Engineers to Petitioner. At that meeting the City delayed further
review of the project until the Corps of Engineers had issued a
permit.
XVIII.
On August 10, 1981, the City Council confirmed its previous
decision to table action on the project until the Corps of Engineers
had issued the permit. Thereafter the City modified previous
conditions to the project as follows:
6.
a. The street widths be set at twenty-eight (28) feet;
b. A T-section instead of the permanent cul-de-sac be
incorporated at Fox Path terminus;
C. There be a sixty (60) foot radius permanent cul-de-sac at the
terminus of Fox Path with bituminous surface and concrete
curb and gutter. The bituminous surface not to extend
westerly of the cul-de-sac.. Street right-of-way to extend to
the westerly property line of Fox -Chase;
d. That Petitioner utilize route "C" for the looping at the
water main at a cost of approximately Twelve Thousand Dollars
($12,000) using an eight (8) inch water main.
XIX.
Petitioner has obtained permits for the proposed Fox Chase
subdivision from the Riley Purgatory Creek Watershed District, the
Minnesota Department of Natural Resources, and the Army Corps of
Engineers. Additionally, the Petitioner has received a determination
from the Minnesota Environmental Quality Hoard that the -project is not
major and does not have the potential for significant environmental
effects.
XX.
After further delays and attempts to add new conditions and new
issues to the proposed development by Respondents, the matter was
finally placed on the City Council agenda on April 26-, 1982, for
consideration of approval of the amended final development plan as
depicted in Attachment "D." After the public hearing, the City
Council acted to approve the amended final development plan and made
the following findings with respect to the proposed development:
a. The proposed development is not in conflict with the
Comprehensive Village Plan;
b. The proposed development is designed in such a manner as to
form a desirable and unified environment within its own
boundaries;
7.
C. The proposed uses will not be detrimental to present and
future land uses in the surrounding area;
d. Any exceptions to the zoning and subdivision ordinances are
justified by the design of the development;
e. The planned development is of sufficient size, composition
and arrangement that its construction and operation is
feasible as a complete unit without dependence upon any other
unit;
f. The planned development will not create an excessive burden
on parks, schools, streets and other public facilities and
utilities which are proposed to serve the development;
g. The planned development will not have an adverse impact on
the reasonable enjoyment of neighboring property.
XXI.
The approval of.the amended final development -plan was made
subject to the following conditions:
a. The outlot area is designated a conservation area and no park
credits are being given.
b. There will be an eight (8) foot trail through the
conservation area of the proposed project.which the developer
will construct, grade and install.
c. Petitioner shall use the City Engineer for preparation of
plans and specifications while staking and inspecting the
project.
d. A conservation easement is established within the area below
the nine hundred (900) foot elevation pursuant to the
comprehensive plan.
e. Petitioner will carry out construction of improvements and
structures in accordance with the requirements of the Riley
Purgatory Creek Watershed District, and the Soil Conservation
Service evaluation report dated June 18, 1980.
f. Petitioner shall use extra precautions so that removal of
existing vegetation may be kept to a minimum during
construction.
g. The building plans for all residences proposed shall be
certified by an architect or civil engineer registered in the
State of Minnesota.
h. Petitioner is required to post sufficient escrows to assure
that the degree of engineering and inspection is carried out
8.
as recommended in the Riley Purgatory Creek Watershed
District and the Soil Conservation Service.
i. Wider streets should be considered.
j. Intersection radii should be twenty (20) feet.
k. Sanitary sewer should be eight (8) inches and manholes in
cul-de-sacs extended.
1. The water main should be eight (8) inches on the main street
and six (6) inches on the cul-de-sacs.
m. The water main should be looped internally within the
development, or looped to existed water on Huron.
n. The thirty (30) inch drainage pipe for the proposed drainage
should be increased to thirty-six (36) inches.
o. Street grades require a waiver of the seven percent (7%)
maximum grade limitation which Is granted.
p. The street widths be set at twenty-eight (28) feet;
q.. A T-section instead of the permanent cul-de-sac be
- incorporated at Fox Path terminus; -
r. There be a sixty (60) foot radius permanent cul-de-sac at the
terminus of Fox Path with bituminous surface and concrete
curb and gutter. The bituminous surface not to extend
westerly of the cul-de-sac. Street right-of-way to extend to
the westerly property line of Fox Chase;
s. That Petitioner utilize route "C" for the looping at the
water main at a.cost of approximately Twelve Thousand Dollars
($12,000) using an eight (8) inch water main.
t. That the proposed curvilinear street alignment be approved
with the condition that it is constructed to standards
acceptable to the City Engineer and approved by the City
Council;
U. That Lot 3 of Block 2 not have direct access to Pleasant View
Road due to poor sight distance;
V. That no lots have direct access onto Pleasant View Road
except Lot 1., Block 1 of Fox Chase;
W. That the conservation easement be maintained and within the
conservation easement there will be no alteration of
lakeshore or installation of structures, including private
docks without approval by the City Council pursuant to the
conditional. use procedures of Ordinance No. 47; and that the
developer be required to dedicate a trail easement across the
conservation easement;
9.
x. That a permanent cul-de-sac be constructed on the west end of
Fox Path with retention of right-of-way to the westerly
property line.
XXII.
Petitioner has agreed to and has established compliance with all
conditions for approval of the project except the following:
a. That there will be no alteration of lakeshore or installment
of structures including private docks without prior approval
of the City Council pursuant to the conditional use
procedures of Ordinance No. 47;
b. That Petitioner be required to pay park dedication fees of
Twenty-one Thousand Five Hundred Eighty Dollars ($21,580);
c. That Petitioner be required to dedicate a -trail through the
conservation easement of twenty (20) feet in width rather
that ten (10) feet in width;
d. That Petitioner be required to pay special assessments for
seventy-one (71) lots rather than the fifty-one (51) lots
which were approved.
e. That no lots have direct access onto Pleasant View Road
except. Lot 1 of Block l;
f. That a permanent cul-de-sac be constructed on the west end of
Fox Path.
XXIII.
The additional conditions set forth in Paragraph XXII, supra, are
arbitrary, capricious, unlawful, confiscatory, and void.
XXIV.
The City has an obligation of good faith in its dealings with
Petitioner to act reasonably pursuant to Minn. Stat. §462.358, et sec.
In its delaying tactics and efforts to expand, add, and modify
conditions to the approval granted on July 21, 1980, the City has
acted in bad faith and has deliberately attempted to deprive
Petitioner of its statutory and common law rights to proceed to
develop the subject property.
10.
XXV.
Pursuant to the City's Zoning and Subdivision Ordinances, and.
Minn. Stat. 5462.351, It sec., the City has a legal duty to execute
the developer's agreement in the form as set forth in attachment A and
to sign and file the plat.
XXVI.
The failure of the City to comply with its legal duty constitutes
a public wrong specifically injurious to Petitioner and the general
public in that the City has refused to execute the developer's
agreement and to sign and file the plat.
XXVII.
Petitioner has no plain, speedy and adequate remedy in the
ordinary course of law for Respondent's failure to execute the
developer's agreement and to sign and file the plat.
SECOND CAUSE OF ACTION
XXVIII.
This cause of action is brought pursuant to Minn. Stat. 5555.01,
et sec., for a declaratory and injunctive relief --seeking a
determination that the. City's condition for approval that there will
be no alteration of lakeshore or installation of structures including
private docks without the prior approval of City Council pursuant to
conditional use procedures of Ordinance No. 47 is arbitrary and
capricious, unconstitutional, unlawful, confiscatory and void.
XXIX.
Reallege Paragraphs I through XXVII as though set forth in their
entirety herein.
11.
a
XXX.
The power of the City to regulate the alteration of lakeshore or
installation of structures including public docks is governed by Minn.
Stat. S412.221(12). That statute provides, inter alia, that cities
can, by ordinance, regulate the alteration of lakeshore or
installation of structures including private docks on the water or
lake surface shoreward from the low watermark. However, riparian
owners have the right to construct docks within that area subject to
reasonable and equal municipal police power regulations.
XXXI.
The power of the City to regulate the use of lake surface,
including docks, is governed by Minna Stat. §459.20, et al. That
statute provides, inter alia, that cities can, -by ordinance, regulate_
the use of the lake surface, including docks. However, riparian
owners have the right to construct docks subject to reasonable and
equal municipal police power regulations..
XXXII.
The City has not enacted an ordinance regulating -the alteration of
lakeshore, the installation of structures including private docks, or
the mooring of boats on public waters. Accordingly, the City has no
ordinance or authority by which to review Plaintiff's proposal to
construct ten (10) docks. Moreover, the City has, ipso facto, no
objective standards by which to review Plaintiff's proposal to
construct ten (10) docks.
XXXIII.
The City has previously approved or permitted the construction and
placement of approximately eighty (80) docks around Lotus Lake.
12.
XXXIV.
The refusal of the City to permit the placement of ten (10) docks
for the approved development is arbitrary and capricious, unlawful,
unconstitutional, confiscatory, void, and results in a denial of equal
protection of the laws involved herein.
XXXV.
An actual and justiciable controversy exists between the parties
requiring a determination of the court as to the rights and
liabilities of the parties with respect to the unlawful attempt of the
City to deny Plaintiff's proposal to place ten (10) docks on the
subject property without any ordinance or standards whatsoever.
THIRD CAUSE OF ACTION
XXXVI.
This cause of action is brough pursuant to Minn. Stat. §555.01 et
seq., for declaratory and injunctive relief seeking a determination
that the City has acted arbitrary and capriciously and unlawfully in
requiring the Plaintiff to pay park dedication fees of Twenty-one
Thousand Five Hundred Eighty Dollars ($21,580) as a condition to
approval of the proposed development.
XXXVII.
Reallege Paragraphs I through XXXV as though set forth in their
entirety herein.
XXXVIII.
As a condition to execution of the developer's agreement the City
has required Plaintiff to dedicate 4.82 acres below the 900 foot
contour of the property as a conservation easement which, -for all
practical purposes, results in a dedication of that property to the
13.-
City. Moreover, the City is also requiring Petitioner to dedicate a
trail approximately 20 feet wide through the conservation easement.
The trail will be used by and available to the general public.
XXXIX.
City Ordinance 14A provides that in -kind credits may be received
by the City in lieu of cash for park dedication fees. See, Attachment
"E." The dedication of the conservation easement and the dedication
of the trail totally offset the requested park dedication fees of
Twenty-one Thousand Five Hundred Eighty Dollars ($21,580).
XL.
The City is requiring a conservation easement and trail as a
condition to execution of the development agreement pursuant to Minn.
Stat. §462.358, Subd. 2(b), but has exceeded the authority of that
statute.
XLI.
The City's requirement that Plaintiff pay park dedication fees and
dedicate the conservation easement and trial to the City is arbitrary
and capricious, unconstitutional, unlawful, confiscatory and void.
XLII.
An actual and justiciable controversy exists between the parties
requiring a determination of the court as to the rights and
liabilities of the parties with respect to the unlawful attempt of the
City to collect park dedication fees and at the same time requiring
dedication of the conservation easement and trail.
FOURTH CAUSE OF ACTION
XLIII.
This cause of action is brought pursuant to Minn. Stat. §555.01 et
14.
sec' ., for declaratory and injunctive relief seeking a determination
that the City has acted arbitrary, capriciously and unlawfully in
requiring the developer to dedicate a twenty foot trail through the
conservation easement.
XLIV.
Reallege Paragraphs I through XLII as though set forth in their
entirety herein.
XLV.
On July 20, 1980, the City approved the final developmentplan
subject to, among other things, the dedication of a ten (10) foot
trail through the conservation easement which has been accepted by
Plaintiff .
XLVI.
Recently, the City has attempted to unilaterally by its own
actions modify the conditions of July 21, 19800, to require that the
trail easement be twenty (20) feet wide.
XLVII.
The City's purported modification of the trail to extend to twenty
(20) feet wide is arbitrary and capricious, unlawful,
unconstitutional, confiscatory and void.
XLVIII.
An actual and justiciable controversy exists between the parties
requiring determination of rights and liabilities of the parties with
respect to the width of the trail easement.
FIFTH CAUSE OF ACTION
XLIX.
This cause of action is brought pursuant to Minn. Stat. §555.01 et
15.
seq., for declaratory and injunctive relief seeking a determination of
this court that the City has acted arbitrarily, capriciously, and
unlawfully in assessing against the property sewer assessments for
seventy-one (71) units when the approval was only for fifty-two (52)
units.
L.
Reallege Paragraphs I through XLVIII as though set forth in their
entirety herein.
LI.
The sewer assessments levied but deferred against the subject
property contemplate seventy-one (71) units for development.
LII.
The City's approval of the final development plan was limited to
fifty-two (52) units. The City now seeks to unlawfully require
payment for seventy-one (71) sewer units after having taken the police
power action to limit development to fifty-two (52) units.
LIII..
The City failed to follow proper procedure pursuant to statute in
the adoption of the assessment. Accordingly-, the assessment is
unconstitutional.
LIV..
The property has not received a special benefit equal to the
amount of the assessment.
LV.
An actual and justiciable controvery exists between the parties
requiring a determination of the court as to the rights and
liabilities of the parties with respect to the number of units
16.
chargeable against the subject property for sewer assessment.
SIXTH CAUSE OF ACTION
LVI.
This cause of action is brought pursuant to Minn. Stat. 5555.01-et
seq., for declaratory and injunctive relief seeking a determination of
the court that the City acted arbitrarily, capriciously and unlawfully
in conditioning the approval of the project so that there were no lots
having direct access to Pleasant View Road and that a permanent
cul-de-sac be constructed on the west end of Fox Path.
LVII.
Reallege Paragraphs I through LV as though set forth in their
entirety herein.
LVIII.
The conditions of the City Council's approval of the amended final
development plan on April 22, 1982, included, among others, the
following:
a. That no lots have direct access onto Pleasant View Road
except Lot l of Block 1;
b. That a permanent cul-de-sac be constructed on the west end of
Fox Path.
LIX.
The conditions set forth in Paragraph LVIII, supra, are arbitrary,
capricious, unlawful, unconstitutional, confiscatory and void.
LX.
An actual and justiciable controversy exists between the parties
requiring a determination of the court as to the rights and
liabilities of the parties with respect to access to Pleasant View
Road and installation of a permanent cul-de-sac on the west end of Fox
Path.
17.
SEVENTH CAUSE OF ACTION
LXI .
This cause of action is brought pursuant to Minn. Stat. S555.01 et
seg., for declaratory and injunctive relief seeking a determination of
this Court that the City has acted unlawfully and unconstitutionally
in taking Plaintiff's property for public use either for a temporary
period of time or permanently.
LXI I .
Reallege Paragraphs I through LX as though set forth in their
entirety herein.
LXIII.
The ordinance, regulations, and other actions of Defendants
constitute an unlawful and unconstitutional taking of Plaintiff's
private property for public use without just compensation, contrary to
the provisions of the United States Constitution, Fifth and Fourteenth
Amendments.
EIGHTH CAUSE OF ACTION
LXIV.
This cause of action is brought pursuant to Minn. Stat. $555.01 et
seg., for declaratory and injunctive. relief seeking a determination of
this Court that the City has acted unlawfully and unconstitutionally
in taking Plaintiff's private property for public use either for a
temporary period of time or permanently.
LXV.
Reallege Paragraphs I through LXIII as though set forth in their
entirety herein.
18.
LXVI.
The ordinance, regulations, and other actions of Defendant
constitute an unconstitutional and unlawful taking of Plaintiff's
private property for public use without just compensation, contrary to
the Constitution of Minnesota, Article I, Section 13.
NINTH CAUSE OF ACTION
LXVII.
This cause of action is brought pursuant to Minn. Stat. 5555.01 et
sec., for declaratory and injunctive relief seeking a determination of
this Court that the City has acted arbitrarily, capriciously and
unlawfully in depriving Plaintiff of its vested right to complete the
development it has commenced.
LXVIII.
Reallege Paragraphs I through LXVI as though set forth in their
entirety herein.
LXI X.
Plaintiff has a vested -right to continue the development it has
commenced pursuant to Minn. Stat. S462.358, as well as the common law.
LXX..
The ordinances, regulations, and actions of Defendants with
respect to the six (6) disputed conditions set forth in Paragraphs
XXII and LVIII are void and unlawful as they deprive Plaintiff of its
vested right to complete the development it has commenced.
LXXI.
The ordinances, regulations and actions of Defendants prevent
Plaintiff from completing the development that has been authorized by
the City of Chanhassen on which Plaintiff has relied and changed
position.
19.
LXXII.
Defendants are estopped by the equities of these circumstances
from applying the provisions of the ordinances and regulations of the
City of Chanhassen to Plaintiff's property.
TENTH CAUSE OF ACTION
LXXIII.
This cause of action is brought pursuant to Minn. Stat. §555.01 et
seg., for declaratory and injunctive relief seeking a determination of
this Court that the City has acted arbitrarily, capriciously,
unlawfully and unconstitutionally in adopting the six (6) disputed
conditions to the proposed development..
LXXIV.
Reallege Paragraphs I through LXXII as though set forth in their
entirety herein.
LXXV.
Various. provisions of the ordinances and regulations of the City
of Chanhassen with respect to the six (6) disputed conditions set
forth in Paragraphs XXII and LVIII, supra, for the proposed
development are excessive, unreasonable, and not related to a
legitimate state interest.
LXXVI.
Additionally said ordinances and regulations are so vague and
uncertain as to constitute an.undue and unlawful delegation of
legislative authority to persons responsible for administration of the
ordinance as they lack any -objective standards.
LXXVII.
The ordinances and regulations applied by the City to establish
20.
the six (6) disputed conditions to this project were adopted in excess
of the statutory authority granted to the City of Chanhassen and are
ultra vires and void..
LXXVIII.
The fees charged by the City of Chanhassen with respect to this
project are unreasonable, excessive and unauthorized by statute.
ELEVENTH CAUSE OF ACTION
LXXIX.
This cause of action 'is brought pursuant to Minn. Stat. §555.01 et
seq., for declaratory and injunctive relief seeking a determination of
this Court that the City has violated the open meeting law, Minn.
Stat. S471.705 (1980).
LXXX
Reallege Paragraphs I through LXXVIII. as though -set forth in their
entirety herein.
LXXXI..
There was an apparent violation of the open meeting law, Minn.
Stat. S471.705 (1980) by Defendants and others which deprived
Plaintiff of its rights to a fair and impartial hearing..
TWELFTH CAUSE OF ACTION
LXXXII.
This cause of action is brought pursuant to 42 U.S.C.A. 51983
(1970), et seq., which confers upon any citizen the right to commence
legal action against any person who, under cover of any statute,
ordinance, regulation or custom of any state, deprives the citizen of
any rights, privileges or immunities preserved by the United States
Constitution and laws. This court has jurisdiction pursuant 42 U.S.C.
§1983.
21.
LXXXIII.
Reallege Paragraphs I through LXXXI as though set forth in their
entirety herein.
LXXXIV.
As set forth in particularity in the foregoing causes of action,
Defendant City of Chanhassen, and City Council members and others by
their action, both individually and in concert under color or pretext
of state law and city ordinance, deprived Plaintiff of -its rights,
privileges and immunities guaranteed by the United States Constitution
and laws, and pertinent State Constitution and laws.
LXXXV.
As a direct and proximate result thereof Plaintiff has suffered
damages in excess of Fifty Thousand Dollars ($50,000).
WHEREFORE, Petitioner -Plaintiff prays for relief against the
Respondents -Defendants and each of them as follows:
1. That the writ of mandamus issue compelling Respondents to
execute the developer's agreement in -the form attached as attachment A
hereto and to sign and file the final plat consistent with the
developer's agreement.
2•. Declaring and adjudging that Respondents -Defendants authorize
andapprove the installation of the subdivision ten (10) docks for Fox
Chase.
3. Declaring and adjudging that Respondents be ordered to waive
park dedication fees in lieu of the conservation easement and trail
easement.
4. Declaring and adjudging that Respondents approve a ten foot
trail easement for the Fox Chase Addition.
22.
5. Declaring and adjudging that Respondents approve reduction in
sewer assessments to fifty-two (52) chargeable units.
6. Declaring and adjudging that Respondents authorize and
approve that the lots have direct access onto Pleasant View Road and
that a permanent cul-de-sac is not required for the west end of Fox
Path.
7. Awarding Petitioners -Plaintiffs damages against Respondents -
Defendants in excess of Fifty Thousand Dollars ($50,000) as may be
proven at.the time of trial.
8. Awarding Petitioners the costs and disbursements including
reasonable attorneys' fees pursuant to 42 U.S.C. $1983, et sec.
(1970), and Minn. Stat. $549.211 et lea.
9. For such other and further relief as the court deems just and
equitable.
Dated:
Christopher J. tUetzen, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd..
Attorneys for Petitioner -Plaintiff
Derrick Land Company
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(612) 835-3800
23.
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
Roger Derrick, being first duly sworn on oath, deposes and says
that he is the President of Derrick Land Company which is the
Petitioner -Plaintiff in the above -entitled action; that he has read
the foregoing Verified Petition for Alternative Writ of -Mandamus and
Complaint for Declaratory and Injunctive Relief; that the same is true
of his own knowledge, except as to matters therein stated on
information and belief as to such matters that he believes it to be
true.
i
Rb4er Derrick
Subscribed and sworn to before me
this 4t"' day of March, 1983.
SUSAN L HANSON
AIOTARY AIJBuC � MINNE�A
1-►'"'NNEPIN COUNTY
. "' MY CammisNon Expns AW.14, t9As
e
'STATE OF MINNESOTA
COUNTY OF CARVER
F I---L-.... - D
DISTRICT COURT
11At A R 0 ':1983
------------------------- - ----
�A�iVER COUNTY
Derrick Land Company, a M n:���-• VailEYll
corporation, CLERK OF COURT
Petitioner
and Plaintiff,
v.
City of Chanhassen, a municipal
corporation; and Thomas Hamilton,
Clark Horn, Patricia Swenson, Dale
Geving, John Neveaux and Carol
Watson,
Respondents
and Defendants..
DISTRICT COURT
FIRST JUDICIAL DISTRICT
ALTERNATIVE WRIT OF
MANDAMUS
RECeIV iED
MAP, 71583
CtiTY OF CHANHASSF-N1 S�,
THE STATE OF MINNESOTA TO THE RESPONDENTS CITY OF CHANHASSEN, A
MUNICIPAL CORPORATION; AND THOMAS HAMILTON, CLARK HORN, PATRICIA
SWENSON, DALE GEVING, JOHN NEVEAUX, AND CAROL WATSON, GREETINGS:
WHEREAS, it manifestly appears to us by the Petition of Derrick
Land Company, that:
I.
This Verified Petition for Alternative Writ of Mandamus is brought
pursuant to Minn. Stat. S586.01, et lea., for an order directing the
City of Chanhassen to execute the Developer's Agreement in the form
attached hereto as Attachment "A" and pursuant thereto to sign and
file the final plat for the project more particularly described herein
consistent with the Developer's Agreement.
II.
Petitioner, Derrick Land Company, of 1650 Shelard Tower,
Minneapolis, Minnesota, is organized and existing as a Minnesota
corporation engaged in the business of developing real estate, among
other things, in the Twin City metropolitan area as well as elsewhere.
III.
The City of Chanhassen is a municipal corporation organized and
existing pursuant pursuant to the laws of the State of Minnesota and
is located in the County of Carver.
IV
Respondent Tom Hamilton was at all times relevant herein the Mayor
of the City of Chanhassen and was named in that capacity. The other
Respondents Clark Horn, Patricia Swenson, Dale Geving, John Neveaux
and Carol Watson were at all times relevant herein council members of
the City of Chanhassen and are named in that capacity.
V.
Petitioner has an interest in thirty-five and five -tenths (35.5)
acres of vacant land (the Property) located at_ the extreme northwest
end of Lotus Lake in Chanhassen, County of Carver, State of Minnesota,
and l.egal.ly described as:
The southwest corner of the north 1/2 of Section 1, Township
116, Range 23, Carver County, Minnesota.
See, Attachment "B".
VI.
The land is surrounded by vacant land and residential development
with large single-family lots to the north and -across Lotus Lake to
the east, partially developed five (5) acre parcels to the west, and
the Carver Beach neighborhood to the south.
VII.
The Property borders Lotus Lake on its eastern boundary with
approximately one thousand fifteen (1,015) lineal feet of lake
frontage. Lotus Lake is two hundred thirty-five (235) acres in size.
2.
'The vast majority of the perimeter of Lotus Lake is'developed except
Petitioner's Property. Respondent City of Chanhassen (the City), has
not permitted or approved public access to the lake, but there are
approximately eighty (80) private docks located adjacent to private
residences around Lotus Lake.
VIII.
Prior to April 7, 1980, Petitioner requested rezoning of the
Property to P-1 Planned. Residential District, and filed for
preliminary plat approval for a configuration of fifty-two (52) lots
on the thirty-five and five -tenths (35.5) acre parcel.
IX.
At all times relevant herein, the official actions taken by
Respondent City with respect to Petitioner's Property had been quasi-
judicial in nature for which Petitioner is entitled to seek
appropriate judicial review pursuant to Minnesota Law. --
X.
On April 7, 1980, the City held a public hearing to review
Petitioner's request for rezoning and preliminary plat approval for
the subject Property. After the public hearing Respondents rezoned
the Property P-1 Planned Residential District and granted preliminary
plat approval subject to certain conditions.
XI
On July 21, 1980, Respondent City held a public hearing to review
the final development plan and preliminary plat approval with respect
to the proposed development of Petitioner's Property. The City
granted Petitioner's final development approval subject to certain
conditions in accordance with the City Zoning Ordinance (Ordinance No.
3.
47, S14), which is attajhed hereto as Attachment
XII.
The conditions imposed by the City Council on July 21, 1980 to
Final Development Plan approval are as follows:
a. The outlot area is designated a conservation area and no park
credits are being given.
b. There will be an eight (8) foot trail through the
conservation area of the proposed project which the developer
will. construct, grade and install.
c. Petitioner shall use the City Engineer for preparation of
plans and specifications while staking and inspecting the
project.
d. A conservation easement is established within the area below
the nine hundred (900) foot elevation pursuant to the
comprehensive plan.
e. Petitioner will carry out construction of improvements and
structures in accordance with the requirements of the Riley
Purgatory Creek Watershed District, and the Soil Conservation
Service evaluation report dated June 18, 1980.
f. Petitioner shall. use extra precautions so that removal of
existing vegetation may be kept to a minimum during
construction.
g. The building plans for all residences proposed shall be
certified by an architect or civil engineer registered in the
State of Minnesota.
h. Petitioner is required.to post sufficient escrows to assure
that the degree of engineering and inspection is carried out
as recommended in the Riley Purgatory Creek Watershed
District and the Soil Conservation Service.
i. Wider streets should be considered.
j. Intersection radii should be twenty (20) feet.
k. Sanitary sewer should be eight (8) inches and manholes in
cul-de-sacs extended.
1. The water main should be eight (8) inches on the main street
and six (6) inches on the cul-de-sacs.
M. The water main should be looped internally within the
development, or looped to existed water on Huron.
4.
n. The thirty (3t,, inch drainage pipe for t,.e proposed drainage
should be increased to thirty-six (36) inches.
o. Street grades require a waiver of the seven percent (7%)
maximum grade limitation which is granted.
XIII.
Thereafter, Petitioner followed the procedure outlined by the City
in its zoning ordinance and subdivision ordinance to finalize approval
of the project which is to execute a developer's agreement with the
City incorporating the terms and conditions of the final Development
Plan Approval . and to: have the final plat signed and filed with the
County Recorder.
The City has called the proposed development Fox Chase Addition
and has considered it a Planned Unit Development (PUD) pursuant to
S19.01 of the -City Zoning Ordinance as the proposal involves more than
twenty-five (25) single family_lots, However, Petitioner has never
agreed that the proposal should be considered a PUD. Rather,
Petitioner asserts that the proposal is -merely a subdivision pursuant
to Chanhassen Ordinance No. 33.
XIV.
Over the next several months Petitioner met with City staff on
several occasions to pursue implementation of the conditions set forth
in Paragraph XII, supra. During the course of those meetings City
staff recommended certain revisions be made to the proposal in order
to expedite approval and implementation of Fox Chase Addition. After
several meetings, discussions and consultations, Petitioner submitted
a plan amendment to the City which was set on for hearing before the
Planning Commission on April 22, 1981. A copy of the configuration
for the plan amendments is attached hereto as Attachment "D." The
5.
Planning Commission, iia essence, recommended approval if certain
conditions were met.
XV.
Pursuant to requirements imposed by the City Council, Petitioner
filed documents with the City on June 22, 1981, evidencing compliance
with all conditions imposed by the City in its final Development Plan
Approval dated July 21, 1980. Petitioner submitted the original Plan
and the revised Plan indicating that both complied with the conditions
imposed in the approval of July 21, 1980. See, letter dated June 22,
1981, to the City of Chanhassen, which is attached hereto as
Attachment "E:"
XVI.
Upon submission of the documents on June 22, 1981, Petitioner
complied with all conditions of final development approval and was
entitled to and demanded execution of a developer's agreement.
XVII.
Since June 22, 1981, Petitioner has diligently sought approval of
Fox Chase Addition for which the City has responded by attempting to
expand, modify, and add new conditions to the approval of the project.
For example, on July 20, 1981, the City attempted to add a new
condition requiring the issuance of a permit from the Corps of___.
Engineers to Petitioner. At that meeting the City delayed further
review of the project until the Corps of Engineers had issued a
permit.
XVIII.
On August 10, 1981, the City Council confirmed its previous
decision to table action on the project until the Corps of Engineers
M.
{
had issued the permit. Thereafter the City modified previous
conditions to the project as follows:
a. The street widths be set at twenty-eight (28) feet;
b. A T-section instead of the permanent cul-de-sac be
incorporated at Fox Path terminus;
c. There be a sixty.(60)_foot radius permanent cul-de-sac at the
terminus of Fox Path with bituminous surface and concrete
curb and gutter. The bituminous surface not to extend
westerly of the cul-de-sac. Street right-of-way to extend to
the westerly property line of Fox Chase;'
d. That Petitioner utilize route "C" for the looping at the
water main at a cost of approximately Twelve Thousand Dollars
($12,000) using an eight (8) inch water main.
XIX.
Petitioner has obtained permits for the proposed Fox Chase
subdivision from the Riley Purgatory Creek Watershed District, the
Minnesota Department of Natural Resources, and the Army Corps of
Engineers. Additionally, the Petitioner has received a determination
from the Minnesota Environmental Quality Board that the project is not
major and does --not have the potential for significant environmental
effects.
XX
After further delays and attempts to add new conditions and new
issues to the proposed development by Respondents, the matter was
finally placed on the City Council agenda on April 26, 1982, for
consideration of approval of the amended final development plan as
depicted in Attachment "D." After the public hearing, the City
Council acted to approve the amended final development plan and made
the following findings with respect to the proposed development:
a. The proposed development is not in conflict with the
Comprehensive Village Plan;
7
b. The proposed Q-4elopment is designed in -1ch a manner as to
form a desirable and unified environment within its own
boundaries;
c. The proposed uses will not be detrimental to present and
future land uses in the surrounding area;
d. Any exceptions to the zoning and subdivision ordinances are
justified by the design of the development;
e.. The planned development is of sufficient size, composition
and arrangement that its construction and operation is
feasible as a complete unit without dependence upon any other
unit;
f. The planned development will not create an excessive burden
on.parks, schools, streets and other public facilities and
Utilities which are proposed to serve the development;
g. The planned development will not have an adverse impact on
the reasonable enjoyment of neighboring property.
XXI.
The approval of the amended final development plan was made
subject to the following conditions:
a. The outlot.area is designated a conservation area and no park
credits are being given.
b. There will be an eight (8) foot trail through the
conservation area of the proposed project which the developer
will construct, grade and install.
C. Petitioner shall use the City Engineer for preparation of
plans and specifications while staking and inspecting the
project.
d.. A conservation easement is established within the area below
the nine hundred (900) foot elevation pursuant to the
comprehensive plan.
e. Petitioner will carry out construction of improvements and
structures in accordance with the requirements of the Riley
Purgatory Creek Watershed District, and the Soil Conservation
Service evaluation report dated June 18, 1980.
f. Petitioner shall use extra precautions so that removal of
existing vegetation may be kept to a minimum during
construction.
g. The building plans for all residences proposed shall be
certified by an architect or civil engineer registered in the
State of Minnesota.
8.
h. Petitioner is required to post sufficient escrows to assure
that the degree of engineering and inspection.is carried out
as recommended in the Riley Purgatory Creek Watershed
District and the Soil Conservation Service.
i. Wider streets should be considered.
j. Intersection radii should be twenty (20) feet.
k. Sanitary sewer should be eight (8) inches and manholes in
cul-de-sacs extended.
1. The water main should be eight (8) inches on the main street
and six (6) inches on the cul-de-sacs.
m.- The water main should be looped internally within the
development, or looped to existed water on Huron.
n. The thirty (30) inch drainage pipe for the proposed drainage
should be increased to thirty-six (36) inches.
o. Street grades require a waiver of the seven -percent (7%)
maximum grade limitation which is granted. - P. The street widths be set at twenty-eight (28) feet;
q. A T-section instead of the permanent cul-de-sac be
incorporated at Fox Path terminus;
r. There be a sixty (60) foot radius permanent cul-de-sac at the
terminus of Fox Path with bituminous surface and concrete
curb and gutter. The bituminous surface not to extend
westerly of the cul-de-sac. Street right-of-way to extend to
the westerly property line of Fox Chase;
s. That Petitioner utilize route "C" for the looping at the
water main at a cost of approximately Twelve Thousand Dollars
($12,000) using an eight (8) inch water main.
t. That the proposed curvilinear street alignment be approved
with the condition that it is constructed to standards
acceptable to the City Engineer and approved by the City
Council,-,
U. That Lot 3 of Block 2 not have direct access to Pleasant View
Road due to poor sight distance;
V. That no lots have direct access onto Pleasant View Road
except Lot 1, Block 1 of Fox Chase;
W. That the conservation easement be maintained and within the
conservation easement there will be no alteration of
9.
lakeshore or i.istallation of structures, Ancluding private
docks without approval by the City Council pursuant to the
conditional use procedures of Ordinance No. 47; and that the
developer be required to dedicate a trail easement across the
conservation easement;
x. That a permanent cul-de-sac be constructed on the west end of
Fox Path with retention of right-of-way to the westerly
property line.
XXII.
Petitioner has agreed to and has established compliance with all
conditions for approval of the project except the following:
a. That there will be no alteration of lakeshore or installment
of structures including private docks without prior approval
of the City Council pursuant to the conditional use
procedures of Ordinance No. 47;
b. That Petitioner be required to pay park dedication fees of
Twenty-one Thousand Five Hundred Eighty Dollars ($21,580);
c. That Petitioner be required to dedicate a trail through the
conservation easement of twenty (20) feet in width rather
that ten (10) feet in width;
d. That Petitioner be required to pay special assessments for
seventy-one (71) lots rather than the fifty-one (51) lots
which were approved.
e. That no lots have direct access onto Pleasant View Road
except Lot 1 of Block 1.
f. That a permanent cul-de-sac be constructed on the west end of
Fox Path.
XXIII.
The additional conditions set forth in Paragraph XXII, supra, are
arbitrary, capricious, unlawful, confiscatory, and void.
XXIV.
The City has an obligation -of good faith in its dealings with
- Petitioner to act reasonably pursuant to Minn. Stat. S462.358, et seq.
In its delaying tactics and efforts to expand, add, and modify
conditions to the approval granted on July 21, 1980, the City has
10.
acted in bad faith and nas deliberately attempted io deprive
Petitioner of its statutory and common law rights to proceed to
develop the subject property.
XXV. .
Pursuant to the City's Zoning and Subdivision Ordinances, and
Minn. Stat. S462.351, et seq., the City has a legal duty to execute
the developer's agreement in the form as set forth in attachment A and
to sign and file the plat.
XXVI.
The failure of the City to comply with its legal duty constitutes
a public wrong specifically injurious to Petitioner and the general
public in that the City has refused to execute the developer's
agreement and to sign and file the plat.
XXVII.
Petitioner has no plain, speedy and adequate remedy in the
ordinary course of law for Respondent's failure to execute the
developer's agreement and to sign and file the plat. -
NOW, THEREFORE, you and each of you are commanded, immediately
upon the receipt of this Writ to execute the Developer's Agreement in
the form as set forth in Attachment A to the Verified Petition for
Alternative Writ of Mandamus and sign the final plat- and deliver both
forthwith to Plaintiff,, or to show cause before this court, at a
special term thereof to be held at the Carver County Courthouse in the
City of Chaska, on March _, 1983, at 9:30 o'clock, why you have not
done so, and that you then and there make return to this writ with
your certificate on such return of having done as you are commanded.
11.
• w 4
Witness the Honorac,i e TC4'\" ��-1, `-, Judge of said
court, and the seal thereof this �'� V— day of March, 1983.
Clerk o Carver County Distr t Court
12.
t
5:2.p pk •4�
CITY OF C HANHASSE2J h135SbHNb'HO �10 �l�p
PLANNED RESIDENTIAL DEVELOPMENT CONTRACT$6, �bW
PLAT OF FOX CHASE
DERRICK LAND COMPANY
THIS AGREEMENT, made and entered into this day of
, 1982, by and between DERRICK LAND COMPANY, a
Minnesota corporation (hereinafter referred to as the Developer), and
the CITY OF C HAN HASSEN, a Minnesota municipal corporation (hereinafter
referred to as the City);
W I T N E S S E T H:
That the City, in exercising its powers pursuant to M.S.A.
S462.358 and other applicable state laws, and the Developer in
consideration of the mutual covenants herein contained, recite and
agree as follows:
SECTION 1.
RECITALS
1.1) Fox Chase Preliminary Development Plan and Preliminary Plat.
The Developer is the fee owner of a tract of land lying within the
City, as more particularly described on Exhibit A attached hereto and
made a part hereof (hereinafter the "Subject Property" or "Plat"). As
required by City ordinances, the Developer has heretofore made
application to the City under the City Zoning Ordinance for the
approval of a P-1 Planned Residential District encompassing all of the
subject property.
1.2) Ownership Interests. The ownership interests of the tract
of land comprising the subject property are as follows:
(01) Derrick Land Company, a Minnesota corporation, fee owner;
(02) Wilma C. Thompson, Mortgagee;
(03) Minnesota Century Builders, Inc., a Minnesota corporation,
Contract for Deed vendee as to part of the subject property.
1.3) Plan Aporoval Chronology.
(01) The City Planning Commission held public hearings on August
22, 1979, and April 22, 1981, to consider public comment on
development plans, plats, and rezoning of the subject property.
(02) The City Council, by its action dated April 7, 1980,
approved rezoning of the subject property to P-1 Planned
-Fl� HiaiiT A
Residential District; and on July 21, 1980, July 20, 1981, and
April 26, 1982, approved the amended final development plan and
preliminary plat consisting of 52 single-family residential lots
pursuant to the Developer's submission to the City of June 22,
1981, designated as "Exhibit A, Chanhassen City Council meeting of
April 26, 1982" (hereinafter the "plat"), subject to and on
condition that the Developer enter into this agreement.
SECTION 2.
IMPROVEMENTS BY DEVELOPER
2.1) Construction. Developer agrees at its expense to construct,
install, and perform all work and furnish all materials and equipment
in connection with the installation of the following public improve-
ments (hereinafter the "Public Improvements"), in accordance with the
Plans and Specifications described in 112.2 below, as modified by the
Special Conditions set forth in Section 4 hereof:
(01) Street grading, stabilizing, and bituminous surfacing
(02) Surmountable concrete curbs and gutters
(03) Sanitary sewer mains
( 04 ) Watermains ».
(05) Storm and surface water drainage and retention ponds
(06) Street signs
(07) Underground utility lines
(08) Street lighting
2.2) Final Plans and Specifications. The Developer shall provide
the City with final plans and specifications, including a final
grading plan, prepared by a registered professional engineer, which
plans and specifications shall be substantially consistent with those
heretofore submitted to the City subject to the final review and
written approval of the City Engineer. Said plans and specifications
are hereby made a part of this Agreement. Developer shall not make or
permit any changes, variations, omissions or additions to City
approved final plans and specifications without the written approval
of the City Engineer prior to any such change, variation, omission or
addition.
2.3) Standards of Construction. Developer agrees that all of the
public improvements shall be constructed and installed in accordance
with the aforesaid City approved plans and specifications, and that
said improvements -shall equal or exceed City standards, and that all
of said work shall be subject to the inspection and approval of the
City Engineer.
2.
2.4) Materials and Labor. All of the materials to be employed in
the making of said public improvements and all of the work performed
in connection therewith shall be of uniformly good and workmanlike
quality. In case any material or labor supplied shall be rejected by
the City as defective or unsuitable, then such rejected material shall
be removed and replaced with approved material, and rejected labor
shall be done anew"to the satisfaction and approval of the City at the
cost and expense of the Developer.
2.5) Staking, Surveying and Inspection. It is agreed that the
Developer, through his engineer, shall provide for all staking,
surveying and resident inspection for the above described improvements
in order to ensure that the completed improvements conform to the
approved plans and specifications. The City will provide for general
inspection and shall be notified of all tests to be performed. It is
agreed that the estimated cost of such improvements, including
reasonable charges of the City for legal, planning, engineering
services, including inspection, supervision and administration costs,
shall be included in the total cost of all improvements for purposes
of computing the amount of the financial security to be furnished to
the City by the Developer pursuant to the terms of this Agreement.
2.6) Completion Date and Schedule of Work.
(01) It is agreed by the Developer that the construction of the
public and private improvements shall commence within••two (2)
years of the filing of the final plat at the Carver County Court-
house and that all public improvements shall be completed within
three (3) years of said plat filing.
(02) It is agreed that the Developer shall submit a written
schedule indicating the progress schedule and order of completion
of the work covered by this Agreement. It is further agreed that
upon receipt of written notice from the Developer of the existence
of -causes over which the Developer has no control which will delay
the completion of the work, the City Council will extend the date
hereinbefore specified for completion and that any bond or
financial security required shall be continued' by the Developer to
cover the work during this extension of time.
(03) Final approval and acceptance of the project shall take the
form of a Resolution duly passed by the City Council, on the
advice of the City Engineer. Final approval and acceptance shall
be granted upon the City Engineer's satisfaction pursuant to
Section 2.08 and shall be conditioned upon the one-year guarantee
of work and guarantee bond set forth in Section 2.15 hereof.
2.7) Claims for Work. The Developer shall not do any work or
furnish any materials not covered by the plans and specifications and
special conditions of this Agreement, for which reimbursement is
expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications.
3.
Any such work or materials which may be done or furnished by the
contractor, without such written order first being given, shall be at
his own risk, cost and expense, and he hereby agrees that without such
written order he will make no claim for compensation for work or
materials so done or furnished.
2.8) Final Inspection. Upon completion of all the work required
by the City Engineer, a representative of the contractor, and a
representative of the Developer's engineer will make a final
inspection of the work. Before final payment is made to the
contractor by the Developer, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the approved
plans and specifications; and the -Developer's engineer shall submit a
written statement attesting to same. The City Engineer shall approve
the work if it is completed in substantial conformity with the
approved plans and specifications.
2.9) As Built Plans. Upon completion of the work, the Developer
shall have his engineer provide the City with a full set of as -built
mylar reproducible plans for the City records.
These plans shall
include the locations and ties
tall
andsanitary
sewer and watermain
services as well as gate vboxes
2.10) City Disclaimer. it is agreed anything to the -contrary
herein notwithstanding, that except for its or their- negligence or
malfeasance, the City of Chanhassen, the City Council and their agents
or employees shall n.ot bethepersonally
Developer'sliable
contractoroorlsubcontractor,
manner to the Developer,
materialmen, laborers or any other person or persons whomsoever, for
any claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this
Agreement or the performance and completion of the work and the
improvements provided herein, and that the Developer shall save the
City harmless from all such claims, demands, damages, actions or
causes of actions or the costs -disbursements, and expenses of
defending the same, specifically including, without intending to limit
the categories of said costs, cost and expenses for City administra-
tive time and labor, costs of consulting engineering services and
costs of legal services rendered in connection with defending such
claims as may be brought against the City.
2.11) Erosion Control. Developer, at its expense, shall provide
temporary and permanent dams, earthwork, retention and sedimentation
basins, and such other practices including seeding of graded areas, as
shall be needed in. the judgment of the City Engineer, the Riley
Purgatory Creek Watershed District, the U.S. Corps of Engineers, and
the Department of Natural Resources, to prevent the washing, flooding,
sedimentation and erosion of lands and road within and outside the
plat during all phases of construction, including construction all
individual lots. Additionally, the Developer shall comply
withconditions of the grading and land alteration permits from the Riley
Purgatory Creek Watershed District, dated April 20, 1982, the U.S.
Corps of Engineers, dated March 3, 1982, and the Department of Natural
Resources approval dated July 13, 1981.
4.
A plan consolidating all applicable conditions concerning
construction grading and drainage shall be submitted to and approved
by the City Engineer prior to commencement of any work.
2.12) Street Li htin . The expense of furnishing electrical
energy for street lighting purposes shall be assumed by the City
twenty-four (24) months after completion of installation of the street
lighting system, or after fifty percent (50%) of the building lots
have been improved by the construction of residences thereof,
whichever is first to occur.
2.13) Conveyance of Improvements. Upon completion of the
installation by Developer of the improvements set forth in ,(2.1 hereof
in accordance with the plans and specifications hereunder and the
written approval by the City, if not previously dedicated in the final
plat, Developer shall convey the land and said improvements to the
City free of all liens and encumbrances and with warranty of title
pursuant to Bill of Sale or Warranty Deed, as applicable. Should the
Developer fail to so convey said improvements, the same shall become
the property of the City without further notice or action on the part
of either party hereto, other than acceptance by the City.
2.14) Building Permits and Occupancy Permits.
(01) Prior to completion of the grading and placement of rock
stabilizing materials for road construction within the plat, the
City Building Inspector, with the approval of the City Engineer,
shall be authorized to issue building permits for residential
construction within such plat upon payment of all fees and charges
applicable to the issuance of permits and provisions for adequate
site access..
(02) The occupancy of any structure within said plat for
residential purposes shall be prohibited by the City until the
rock stabilizing base of the streets shall have been completed and
municipal sanitary sewer and water lines shall have been installed
and are available to serve the lot for which a building permit
shall have been issued.
2.15) One-year Guarantee of Work and Guarantee Bond. All work and
materials performed and furnished by the Developer, its agents and
subcontractors pursuant to 12.1 above, which are found by the City to.
be defective within one year after acceptance by the City shall be
replaced by Developer at Developer's sole expense. In accordance with
Section 6.2 and not in addition thereto, the within guarantee of work
shall be secured to the City by an irrevocable letter of credit, or a
corporate surety bond, at the election of and in an amount established
by the City, furnished by the Developer to the City. Said letter of
credit or surety bond shall first be approved by the City Attorney,
and shall be in addition to, and not in lieu of any other remedies
which may be available to the City to secure any defects in materials
or workmanship.
5.
2.16) Liability Insurance. Developer shall take out and maintain
so long as Developer's obligations continue under this agreement,
public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may
arise out of Developer's work or the work of its subcontractors or by
one directly or indirectly employed by any of them. Limits for bodily
injury or death shall be not less than $500,000 for one person and
$1,000,00.0 for each occurrence; limits for property damage shall be
not less than $200,000 for each occurrence. The City shall be named
as an additional named insured on said policy, and Developer shall
file a copy of the insurance coverage with the City.
SECTION 3.
STATUS OF SPECIAL ASSESSMENTS
3.1) Developer Acknowledges Special Benefit. The Developer
acknowledges that the subject property derives special benefit," as
that term is defined by present case law under Chapter 429 of
Minnesota Statutes, from the sewer lift station and water supply
facilities, trunk and lateral sanitary sewer facilities, and trunk and
lateral water facilities which were constructed as a part of
Chanhassen Improvement Projects. The Developer acknowledges that the
amount of such special benefit is not less than the sum of the
following amounts:
(01) Levied Special Assessments:
Parcel #25-01-000-0037-000,
20.08 Acres in part of Gov't. Lots 5 and 6,
1 sewer and water lateral assessment levied in 1973 in
the amount of $4,119.00, payable over 15 years at 7%
interest.
1 sewer and water trunk assessment levied in 1980, in
the amount of $1,054.96, payable over 10 years -at 7%
interest.
Parcel #25-79-500-0001-000, Lot 1, Vineland
1 sewer and water lateral assessment levied on October
1, 1973, in the amount of $4,949.00, which has been paid
in full.
2 sewer and water lateral and 3 sewer and water trunk
assessments levied in 1980, in the amount of $12,419.98,
payable over 10 years at 7% interest.
(02) Deferred Special Assessments. In addition to the foregoing
levied special assessments, the subject property is further
specially benefitted by 48 off-line sewer and water trunk units,
each sewer trunk unit valued at $320.00 and each water trunk unit
valued at $380.00, and each said sewer and water unit shall bear
interest at the rate of 7% from October 1, 1973.
M
3.2) Spread and Payment of Deferred Special Assessments. All
deferred special assessments for said 48 sewer and water trunk units
shall be spread and assigned to the 48 specially benefitted lots
within the final plat, shall be certified to the Carver County Auditor
for collection at the time of the recording of the final plat with the
County Recorder, and shall be payable in installments of principal and
interest -over a period of four (4) years after said certification.
3.3) Developer Waives Public Hearing and Right of Appeal. The
Developer waives its right to public hearing under 5429.061 and
9429.071 of Minnesota Statutes and its right of appeal under §429.081
of Minnesota Statutes as to the Deferred Special Assessments.
SECTION 4.
SPECIAL CONDITIONS
4.1) Fox Path Cul-de-Sac. If so directed by the City Engineer,
Developer shall construct a cul-de-sac at the western terminus of Fox
Path as shown on the preliminary plat approved by the City Council on
April 26, 1982, and designated Exhibit A. Said cul-de-sac shall have
a radius of 60 feet, a roadway surface radius of 40 feet, with
surmountable curb and gutter, and shall be constructed in accordance
with plans and specifications approved by the City Engineer. The
westerly extension of Fox Path from said cul-de-sac to the westerly
boundary of the subject property shall be platted as a dedicated
street but shall not be improved as such until development on the
adjoining property shall -require a street connection to Fox Path.
4.2) Pleasant View Road Access Restriction. Unless otherwise
determined by the City Engineer, Lots 1, 2, and 3, Block 2 shall not
be permitted direct driveway access to Pleasant View Road. Said
restriction shall be incorporated within covenants and restrictions
which shall be applicable to the final plat of the subject property
and which shall be filed with -the Carver County Recorder contempo-
raneously with the filing of said final plat.
4.3) Watermain Loop. Unless otherwise determined by the City
Engineer, the City watermain serving the subject property shall be
"looped" as that term is commonly used by professional engineers, from
Lake Point to Fox Path along the alignment depicted as "Route C" in
the report of the City Engineer, dated August 10, 1981.
4.4) Building Plans Certification. Due to extraordinary slope
and soil conditions, building.and site plans for all residences within
the subject property shall be certified as having been reviewed and
approved by an architect or civil engineer licensed by the State of
Minnesota. Said building and site plan review and approval shall
include provisions for slope protection, surface and sub -surface
drainage, prevention of siltation, and the preservation of trees and
prevention of excessive vegetation removal during construction.
Building pads and basement floors shall be constructed at an
elevation not less than two (2) feet above the regional flood
7.
elevation in accordance with the requirements of applicable City
ordinances.
The terms and conditions of this Section 4.4 shall be made a part
of covenants and restrictions which shall be applicable to the final
plat of the:subject property and which shall be filed contemporane-
ously with the filing of the final plat with the Carver County
Recorder.
4.5) Easements. The Developer, at its expense, shall acquire all
perpetual easements from abutting property owners necessary to the
installation of the sanitary sewer, storm sewer and water facilities
within the subject property and thereafter shall promptly assign said
easements to the City prior to the filing of the final plat with the
Carver County Recorder.
4.6)' Easements Dedicated On Plat. Perpetual easements for
surface water drainage, including ponding and sedimentation basins and
access thereto, shall be dedicated on the final plat to the extent
permitted by State law. All such easements. not so dedicated shall be
granted to the City in form approved by the City Attorney and
acceptable for recording in the Office of the Carver County Recorder.
4.7) Streets. All streets within the plat shall be dedicated
with a 50-foot-wide right-of-way, and shall have a 28-foot roadway
surface with surmountable concrete curb and gutter. All-st-reet cul-
de-sacs shall have a right-of-way radius of 60 feet, with a roadway
surface radius of 40 feet with surmountable concrete curb and gutter.
All streets shall be constructed in accordance with City standards
approved by the City Engineer.
4.8) Ponding and Sedimentation Basin Maintenance. The Developer
shall maintain in good operational order all ponding and sedimentation
basins during all phases of construction within the subject property.
Thereafter, said maintenance shall be the obligation.of the City.
4.9) Trail Easement. The Developer shall grant to the City a
perpetual easement ten (10) feet wide -for use as a City trail, said
easement to commence at the southerly property line of Lot 19, Block.
1, thence extending northerly along the alignment of the sanitary
sewer easement to the south line of Lot 12, Block 1, thence westerly
170 feet along the south line of said Lot 12 to its intersection with
the easterly right-of-way line of Fox Path, thence extending northerly
within said right-of-way to its intersection with Pleasant View Road
and there terminating. The form of said easement shall be approved by
the City Attorney, and shall be filed at the time of the filing of the
final plat with the County Recorder.
If constructed, the portion of the trail easement on the Fox Path
right-of-way shall be constructed at the City's expense with a six (6)
foot wide bituminous surface and the portion of the easement along the
sanitary sewer alignment shall be surfaced with wood chips.
8.
4.10) Park Fees. Because the Developer is granting a Conservation
Easement as provided in Section 5 and a trail easement as provided in
14.9, no park fees shall be required pursuant to Ordinance 14A and
Minnesota Statutes, Section 462.358, Subd. 2b.
4.11) Street Maintenance During Construction. The Developer shall
be'responsible for all street maintenance until streets are accepted
by the City. Warning signs shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing
attention to detours. If streets become impassable, such streets
shall be barricaded and closed. In the event residences are occupied
prior to completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage. The Developer shall be
responsible for keeping streets within and without the plat swept
clean of dirt and debris that may spill or wash onto the street from
his operation. The Developer may request, in writing, that the City
keep the streets open during the winter months by plowing snow from
said streets prior to final acceptance of said streets— The City
shall not be responsible for re -shaping said streets because of snow
plowing operations if they are requested. Providing snow plowing
service does not constitute final acceptance of said streets by the
City.
4.12) Street Si ns. All street name and traffic signs required
within the p at at the time of City acceptance shall be furnished and
installed by the City at the sole cost of the Developer.
4.13) Covenants and Restrictions. Covenants or restrictions to be
placed upon the lots in the subject plat shall be prepared by the
Developers and shall be approved by the City Attorney prior to
recording with the County Recorder. The covenants and restrictions
shall be approved if they are substantially consistent with the
requirements of this Agreement. The zoning ordinances and regulations
of the City shall govern if inconsistent with said covenants and
restrictions to the extent actually inconsistent; but if not
inconsistent therewith, the standards contained in said covenants and
restrictions shall be considered as requirements in addition to said
City ordinances and regulations.
4.14) Setting of Lot and Block Monuments. Developer shall place
iron monuments at all lot and block corners and at all other angle
points on boundary lines. Iron monument placements shall be verified
after construction of improvements has been completed in order to
preserve the lot markers for future property owners.
SECTION 5:
CONSERVATION EASEMENT
5.1) Easement To Be Granted. Developer shall grant to the City a
perpetual conservation easement for environmental protection and
wetland preservation over those areas of Lots 7 through 19, inclusive,
of Block 1 of the plat which lie below the elevation of 900 feet.
9.
5.2) Conservation Easement Development Restrictions. All of the
following activities shall be prohibited within the conservation
easement area:
(01) The placement and erection of buildings, structures and
docks except as may be permitted by Section 5.3 hereof.
(02) The alteration of vegetation in any manner or form except as
may be permitted by Section 5.3 hereof.
(03) The excavation or filling of the easement area except as may
be permitted by Section 5.3 hereof.
(04) The application of fertilizers, whether natural or chemical.
(05) The application of chemicals for the destruction or
retardation of vegetation.
(06) The deposit of waste or debris.
(07) Construction of paths, trails and service roads except as
permitted by the City.
(08) The application of herbicides, pesticides and insecticides.
(09) Except as may be permitted by Section 5.3 hereof'' -the
storage of watercraft, boat trailers, ice fishing houses, snow-
mobiles, motorized and nonmotorized vehicles.
(10) The mooring and storage of seaplanes in abutting waters
of Lotus Lake (hereinafter "the lake").
5.3) Dockage Within Easement Area. The placement of docks and
walkways within the easement area shall be subject to the following terms
and conditions:
(01) No dock shall exceed six (6) feet in width nor shall it
exceed the greater of the following lengths: (a) fifty (50) feet,
or (b) the minimum straight-line distance necessary to reach a
water depth of four (4) feet. The width (but not the length) of
the cross -bar of any "T" or "L" shaped dock shall be included in
the computation of length described in the preceding sentence.
The cross -bar of any such dock shall not measure in excess of
twenty-five (25) feet in length. No dock shall encroach upon any
dock set -back zone established by.City ordinance, provided, however,
that the owners of any two lots within the easement area may erect
one common dock within any such dock set -back zone if said common
dock is the only dock on said two lots and if said dock otherwise
conforms with the provisions of this Section 5.3. No more than
one dock shall be permitted on any of said lots. Walkways
providing access to the docks shall be permitted.
(02) No dock shall be so located as to: (a) obstruct the
navigation of the lake, (b) obstruct reasonable use or access to
any other dock, (c) present a potential safety hazard.
10.
(03) No fuel shall be stored upon any such dock.
(04) No person shall moor overnight or dock overnight, more than
five (5) watercraft at any such dock.
(05) No motorcraft shall be moored or docked overnight at any
such docks unless said watercraft is either: (a) currently
registered, pursuant to Chapter 361 of Minnesota Statutes, in the
name of the owner of the lot served by said dock or in the name of
a member of said owner's household.
5.4) Form and Approval of Easement. The form of the conservation
easement shall be prepared by the City Attorney at the expense of the -
Developer, and shall be approved by the City Council prior to
submission to the Developer for execution and delivery to the City.
5.5) Inclusion in Covenants and Restrictions. The conservation
easement shall be made a part of the covenants and restrictions
applicable to the plat and shall be incorporated therein by reference,
and as an exhibit forming a part of said covenants and restrictions.
SECTION 6.
ENFORCEMENT PROVISIONS
6.1) Reimbursement of Costs. The Developer shall reimhurse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement.and the performance thereby by the Developer. Such
reimbursement shall be made within fourteen (14) days of the date of
mailing of the City's notice of costs.
6.2) Security for Performance by Developer. For the purpose of
assuring and guaranteeing to the City that the improvements to be by
the Developer constructed, installed and furnished as set forth in
12.1 hereof shall be constructed, installed and furnished according to
the terms of this Agreement, and that the Developer shall pay all
claims for work done and materials and supplies furnished for the
performance of this Agreement, and that the Developer shall fully
comply with all of the other terms and provisions of this Development
Contract, Developer agrees to furnish to the City either a cash
deposit, or an irrevocable letter of credit or surety bond approved by
the City Attorney in an amount equal to 110% of the costs of the
improvements described in Section 2.1 hereof, as estimated by the City
Engineer. Upon completion of said improvements, the amount of said
cash deposit or letter of credit may be reduced from time to time to
such lessor amount as the City Council deems necessary to insure
performance of the Developer's guarantee set forth in 12.15 above.
The cash deposit or irrevocable letter of credit provided for herein
shall be in addition to any performance bond or other security
required by the Riley -Purgatory Creek Watershed District as a
condition of the issuance of any permit by said District.
11.
6.3) Remedies Upon Default.
(01) Assessments. In the event 'Developer shall default in the
performance of any of the covenants and agreements herein
contained, and such default shall not have been cured within ten
(10) days after receipt by Developer of written notice thereof,
the City, if it so elects, may cause any of the required improve—
ments to be constructed and installed, or may take action to cure
said default, and to the extent that the City's recovery on the
security deposit in 6.3 is deficient, may cause said costs,
including all reasonable engineering, legal and administrative
expense incurred by the City, to be recovered as a special
assessment under Minnesota Statutes, Chapter 429, over a period of
four (4) years.
In the event of an emergency, as determined by the City Engineer,
the notice requirement to the Developer shall be and is hereby
waived in its entirety, and the Developer shall reimburse the City
for any expense incurred by the City in remedying the conditions
creating the emergency.
(02) Security Deposit. In conjunction with the foregoing, the
City may utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay or reimburse the City for:
(a) the cost of completing the construction of,the
improvements described in 12.1 above; and---- r
(b) the cost of curing any other default by the Developer
in its performance of any of the covenants and
agreement contained herein; and
(c) the cost of reasonable engineering, legal, and
administrative expense incurred by the City in
enforcing and administering this contract:
(03) Legal Proceedings. In addition to the foregoing, the City
may institute any proper action or proceeding at law or at equity
to prevent violations of the within development contract, to
restrain or abate violations of the within development contract.
SECTION 7.
MISCELLANEOUS TERMS AND CONDITIONS
7.1) Compliance with Laws, Ordinances and Regulations; Permits.
In the development of the plat, Developer shall comply with all laws,
ordinances and regulations of, and secure all necessary permits from
the following authorities:
(01) City of.Chanhassen
(02) State of Minnesota, its agencies, departments and
commissions
12.
(03) Department of Natural Resources
(04) Riley -Purgatory Creek Watershed District
(05) U.S. Army Corps of Engineers
7.2) Proof of Title. Upon request, the Developer shall furnish
the City with evidence satisfactory to the City that it is fee owner
of the subject property.
7.3) Duration of Contract. This contract shall remain in effect
until such time as Deve oper shall have fully performed all of its
duties and obligations under this contract. Upon the written request
of Developer and upon the adoption of a resolution by the Chanhassen
City Council finding that the Developer has fully complied with all of
the terms of this contract and finding that Developer has completed
performance of all Developer's duties mandated by this contract_, the
Chanhassen City Manager shall issue to the Developer on behalf of the
City an appropriate certificate of compliance.
7.4) Notices. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given when
mailed by certified mail, return receipt requested, postage prepaid,
with property address as indicated below. The City and the Developer,
by written notice given by one to the other, may designate any address
or addresses to which notices, certificates or other commun-ications to
them shall be sent when required as contemplated by this Agreement.
Unless otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be,addressed as
follows:
To the City:
To the Developer:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Attention: City Manager
Derrick Land Company
1770 Shelard Tower
Minneapolis, Minnesota 55426
7.5) Binding Effect. This Agreement shall inure to the benefit
of and shall be binding upon the City and the Developer and their
respective successors and assigns. Nothing in this Agreement, express
or implied, shall give to any person, other than the parties hereto,
and their respective successors and assigns hereunder any benefit or
other legal or equitable right, remedy or claim under this Agreement.
7.6) Severability. In the event any provision of this Agreement
shall be held invalid, illegal, or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining provisions
shall not in any way be affected or impaired thereby.
13.
7.7) Execution of Counterparts. This Agreement may be
simultaneously executed in several counterparts, each of which shall
be an original, and all of which shall constitute but one and the same
instrument.
7.8) Construction. This Agreement shall be construed in r
accordance with the laws of the State of Minnesota.
7.9) Headings. Headings at the beginning of sections and
paragraphs hereof are for convenience of reference, and shall not be
considered a part of the text of this contract, and shall not
influence its construction.
7.10) Sign Plan. Signs for the purpose of advertising the subject
property may be erected in accordance with applicable ordinances of
the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the day and year first above written.
Attachments:
Exhibit A: Preliminary Plat
DERRICK LAND COMPANY
By:
By:
Its: President
Its: Secretary
CITY OF C HAN HASSEN
By:
Attest:
14.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this day of , 19 , before me, a notary public
within and for said County, personally appeared
and
to me personally known, who being each by me duly sworn did say that
they are respectively the President and Secretary of the corporation
named in the foregoing instrument, and that said instrument was signed
and sealed in behalf of said corporation by authority ofitsBoard of
Directors and said
acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this day of , 19 , before me, a notary public
within and for said County, personally appeared Thomas L. Hamilton and
Donald W. Ashworth, to me personally known, who being each by me -duly
sworn did say that they are respectively the Mayor and City Manager of
the municipal corporation named in the foregoing instrument, -and that
the seal affixed to said instrument is the corporate seal of said
municipal corporation, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Donald W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
15.
11
_1
AFFIRMANCE
Minnesota Century Builders, Inc., a Minnesota corporation,
contract for deed vendee as a part of the subject property, the
development of which is governed by the foregoing development
contract, hereby acknowledges receipt of an executed copy of said
contract, and affirms and consents to the provisions thereof and
agrees to be bound by said provisions as the same may apply to that
portion of the subject property being acquired by it as contract for
deed vendee.
Dated this day of , 19
MINNESOTA CENTURY BUILDERS, INC.
By:
Its: President
By:
Its: Secretary
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this day of , 19 , before me, a notary public
within and for said County, personally appeared
and 01
to me personally known, w o being eac y me u y sworn i say that
they are respectively the President and Secretary of Minnesota Century
Builders, Inc., and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was
signed and sealed in behalf of said corporation by authority of its
Board of Directors, and said and
acknowledged said instrument to be
the free act and deed of said corporation.
Notary Public
16.
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TABLE OF CONTENTS
PURPOSES AND INTENT.. Page
..................... ....
3
TITLE............
SCOPE AND
INTERPRETATION
3.01
Seope ......
3.02
.
Non-Conformin ...••••.......•••..••••
9 Use..
3
3.03
.....................
Interpretation
3
.............................
3
RULES AND DEFINITIONS
4.01
Rules
4.02
... ...................
Definitions
3
.................. . .:...........
3
CLASSIFICATION OF ZONING DISTRICTS
5.01
Zoning Districts
5.02
............................
Zoning Map...............................
5
5.03
District Boundaries .. , , , , , , , - -
5
5
5.04'
Compliance
.................................
6
R-1A AGRICULTURAL RESIDENCE DISTRICT
6.01
Purpose
6.02
. , ,
Permitted Uses..............
6
6.03
_...-..........
Accessory Uses........
6
6.04
....................
Uses by Conditional Use permit
6
6.05
Height, Yard, Area and Lot width • _•
6
and Depth Regulations ....................
6
6.06
Parking .....................................
6.07
General Regulations
6
6.08
..............
Boundaries of the R-1AAgriculturo•�•-•--•�-
L
6
District........ ..'..............: .:....
6
R-1 SINGLE FAMILY RESIDENCE DISTRICT
7.01
Purpose..................
7.02
................•---
Permitted Uses ..........
7.03
• - ......---•--
Accessory Uses.._-....._......�-.....-_
7.04
Uses b •' •'
y Conditional Us• Permit
7.05
...........:....
Height, Yard, Areq pnd Lot Width
.
and Depth Regulations .... _ ..
7.06
- • • • _ _........
Parking
7.07
.
General Regulations ........
7.08
.....
Boundaries of the R-1 R•sidenc• Oistricf..-.•..
R-2, R-3 AND R-4 MULTIPLE RESIDENCE DISTRICTS
8.01
Purpose..........
8.02
.........................'..
Permitted Uses...... ...................
8.03
Accessory Uses .. ""'
8.04
Uses by Conditional Use Puarni.....
8.05
. .:.....:.::...
Height, Yard, Area and Lot Width
and Depth Regulations...........
8.06
. .........
Building Design and Construction
8.07
.....
.
Parking.....................
8.08
..........
General Regulations .........................
8.09
Boundaries of the R-2. R-3 and ���-��-�•��--
R-4 Residence Districts .......................
C-1 OFFICE
BUILDING DISTRICT
9.01
Purpose......................................
9.02
Permitted Uses ..............................
9.03
Accessory Uses ...........
9.04
Uses by Conditional Use Permit � ...-......
9.05
Height, Yard, Area and Lot Width ��.-----��-�
and Depth Regulations.......
9.06
...........
Building Design and Construction
9.07
.. .
Parking ...................................
9.08
•••.••
Landscaping.........................
9.09
General Regulations ............................
9.10
Boundaries of the C-T Office Building District ....
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C-2 COMMERCIAL DISTRICT - Page
10-01 10.02 Perrnittedose �Uses; 9
10.03 Accessory Us.s.••••••.......••••_•...... 9
10.04 ConditionlUses ,•�-•�•�-�•�•-�•--•"" 9
10.05 Height, Yard, Area and Lot Width------ - 9.
and Depth Regulations ....................... 9
10.06 Building Design and Construction , . •
10.07 Parking- "'•"•-'•• 10
70.08 Londsco rn • ......••.•• 10
P g... ... 10
10.09 General Regulations .......... • ............ 10
10.10 80undories of the C-2 Coammercial District...... 10
C-3 COMMERCIAL SERVICE DISTRICT
11.01 Purpose.. .................................. 10
11.02 Permitted Uses ...................•....,..... 10
11.03 Accessory Uses.......................... 10
11.04 Conditional Uses ....................••......, 10
11.05 Height, Yard. Are, and Lot Width .
and Depth Regulations ..................... 10
11.06 Building Design and Construction . , 11
11.07 Parking ................................I 1
11.08 Landscaping ............................••••. I1
11.09 General Regubtiens . , . , , , , , .............
11
11.10 Boundaries of the C-3 Commercial
Service District..::....:•....-.....•-....-... 1 i .
1-1 INDUSTRIAL D1STRJCT
12.01 Purpose ...................
-
12.02 Permitted uses .._..........-...... .•-••� •• 11
12.03 Accessory Uses................ " •'
--.......•.:...:. 11._....
12-04 Conditional Uses..................�••.,•�•• I1
12.05 Height, Yard, Area and Lot Width
and Depth Regulations..................... 11
12.06 Building Design"and, Construction ............ 14
12.07 Performance Standards ...................... 14-
12.08 PorkingY . �...._...................... 14
12.09 Landscaping...........-••••.-.....•.....-� 14
12.10 Outside Storage ... - .. . 14
12.11 General Regulations .... .... - - - - -•.. •- 15
1212 Boundaries of the 1-1 Irtdustriol
SECTION 13.
Reserved feu Future Use... - • • ............
1S
P-1 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
14.01 Objectives ..........
....._ __._........... _ .. 15
14.02 Permitted Uses .........--------- „---•- -- 15
14.0Accessory Uses.- -----
----,----------- 15
14.04 Conditional Uses ......... . .. . -
.......-...... 75
14.05 Procedure for P-) P}onnad Residential
Development District Zoning,. Platting
and Development......... ................. T5
14.06 Revisions and Changes ....................... 16
14.07 Annual Review. -•---- 16
14.08 Building Design and Construction .............. 16
14.09 Common Open Space.........................16
14.10 General Regviotions ................. _ ....... 16
14.11 Boundaries of the P.1 Ptonned Residential
Development District ........................ 16
8 P-2 PLANNED UNIT DEVELOPMENT DISTRICT
8 15.01
9 15.02
Objectives .................................
Permitted Uses
16
9 15.03
...................... ._......
Accessory Uses ,
16
it
9 15.04
Procedure for P-2 Planned Unit Development ---
9
District Zoning, Platting end Development ......
16
r '-) Page
15.05 Building Design and Constructic ...... 16
15.06 land Use Intensity .......................... 16
15.07 Common Open Space ....................... 16
15.08 General Regulations .......................... 16
15.09 Boundaries of the P-2 Planned
Unit Development District .................... 16
PLANNED COMMUNITY DEVELOPMENT DISTRICT
16.01 Objectives .................................
16.02 Permitted Uses.... ..........................
16.03 Accessory Uses .............................
16.04 Procedure for P-3 Planned Community
Development District Zoning, Planning
and Development. ... ................
16.05 Building Design and Construction ..............
16.06 Land Use Intensity ...........................
16.07 Common Open Space........................
........
17
16.08 General Regulations .........................
16.09 Boundaries of the P-3 Planned
Community Development District .............
P-4 PLANNED INDUSTRIAL DEVELOPMENT DISTRICT
17.01 Objectives.. ............................:..
17.02 Permitted Uses.......... ....................
17.03 Accessory Uses .............................
17.04 Procedure for P-4 Planned Industrial
Development District Zoning, Planning
and Development ..........................
17.05 Building Design and Construction ..............
17.06 Performance Standards ....................
17.07 Common Open Space .......................
17.08 General Regulations .........................
17.09 Boundaries of the P-4 Planned Industrial
Development District......... ...............
F-1 FLOOD PLAIN & WATERCOURSE DISTRICT
18.01 Purpose ...................................
18.02 Definitions .... .........................-,....
18.03 Permitted Uses .............................
18.04 Regulations .................................
18.05 General Regulations.; .......................
18.06 Boundaries of the F-1 Flood PlaiWatercourseWatercou• District..... ....................
GENERAL REGULATIONS
19.01 Regulations and Interpretations.....".....:...
19.02 Signs .......................................
19.04 Accessory Buildings ..........................
19.06 Landscaping ................................
19.07 Swimming Peale ............................
19.08 Au►emobiie Service Stations ..................
19.09 Basement Hams
........
........... ....
14.10 Moving, Alteration or Wracking '
19.11 Projecting and Roof Mounted Equipment.......
19.12 Transmission Linea .•:..........................
19.13 Planned Unit Development Requirements .......
19.14 Uninhobirobie Land ........................
19.15 Zoning Lot limitation .......................
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19.16 Outside 5! ). in Residential Districts ......... 19
19:17 Certificate .. Occupancy ......... _ _ .......... 14
NON -CONFORMING USES
20.01 Continuation ................................ 19
20.02 Enlargement or Alteration ................... 19
20.03 Restoration......... .........-..,,.... 19
20.04 Termination of Use ... 4� ............_......... 19
20.05 Junk Yards. .................................. 19
20.06 Normal Maintenance ......................... 19
20.07 Public Utility Buildings; Exceptions......,...... 19
COMMON OPEN SPACE
21.01 Definition .................................. 14
21.02 Dedication of Common Open Space ........... 19
21.03 Non -dedicated Common Opens Space ........... 79
BOARD
OF ADJUSTMENTS AND APPEALS; VARIANCES
22.01 Creation and Membership ..................... 20
2202 Powers and Duties ..................:.;_.,_, 20
22.03 Appeals....... ............................. 20
22.04 Procedures ................................ 20
22.05 Revocation ................................. 21
CONDITIONAL USE PERMITS
23.01 Purpose ................................... 21
23.02 Initiation Of Conditional Use .................. 21
23.03 Application for Conditional Us• ............... 21
23.04 Hearing onApplication ........................ 21
23.05 Authorization .............................. 21
23.06 Standards .................................. 21
23.07 Conditions and Guaranties, ................... 21
23.08 Revocation .............. %.................. 21
23.09 Denial of Conditional Use ..................... 21
23.10 Conditional Use Permit Fees .................. 21
AMENDMENTS '
24.01 Purpose.................................... 21
• 24.02 Initiation ................................... 21
24.03 Applitnfion................................ 21
24.04 Public Hearing; Notice and Procedure .......... 22
24.05 Action by Planning Commission ............... 22
24.06 Action by Council ........................... 22
24.07 Refer►ai to Ptonning.Commissioa .............. 22
24.08 Effect of Denial..:;:. ........................ 22
24.09 Fees...... ;� :.......................... 22
ADMINISTRATION AND ENFORCEMENT "
25.01 Enforcing Officer ............................. 22
25.02 Zoning Adminiatroter, Duties .................. 22
SEPARABILITY
VIOLATIONS AND PENALTIES
27.01 Violations and Penalties ...................... 22
27.02 Enforcement .............................. 22
REPEAL.......... ...................................... 22
EFFECTIVE DATE... ..................................... 23
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19.16 Outside 5! ). in Residential Districts ......... 19
19:17 Certificate .. Occupancy ......... _ _ .......... 14
NON -CONFORMING USES
20.01 Continuation ................................ 19
20.02 Enlargement or Alteration ................... 19
20.03 Restoration......... .........-..,,.... 19
20.04 Termination of Use ... 4� ............_......... 19
20.05 Junk Yards. .................................. 19
20.06 Normal Maintenance ......................... 19
20.07 Public Utility Buildings; Exceptions......,...... 19
COMMON OPEN SPACE
21.01 Definition .................................. 14
21.02 Dedication of Common Open Space ........... 19
21.03 Non -dedicated Common Opens Space ........... 79
BOARD
OF ADJUSTMENTS AND APPEALS; VARIANCES
22.01 Creation and Membership ..................... 20
2202 Powers and Duties ..................:.;_.,_, 20
22.03 Appeals....... ............................. 20
22.04 Procedures ................................ 20
22.05 Revocation ................................. 21
CONDITIONAL USE PERMITS
23.01 Purpose ................................... 21
23.02 Initiation Of Conditional Use .................. 21
23.03 Application for Conditional Us• ............... 21
23.04 Hearing onApplication ........................ 21
23.05 Authorization .............................. 21
23.06 Standards .................................. 21
23.07 Conditions and Guaranties, ................... 21
23.08 Revocation .............. %.................. 21
23.09 Denial of Conditional Use ..................... 21
23.10 Conditional Use Permit Fees .................. 21
AMENDMENTS '
24.01 Purpose.................................... 21
• 24.02 Initiation ................................... 21
24.03 Applitnfion................................ 21
24.04 Public Hearing; Notice and Procedure .......... 22
24.05 Action by Planning Commission ............... 22
24.06 Action by Council ........................... 22
24.07 Refer►ai to Ptonning.Commissioa .............. 22
24.08 Effect of Denial..:;:. ........................ 22
24.09 Fees...... ;� :.......................... 22
ADMINISTRATION AND ENFORCEMENT "
25.01 Enforcing Officer ............................. 22
25.02 Zoning Adminiatroter, Duties .................. 22
SEPARABILITY
VIOLATIONS AND PENALTIES
27.01 Violations and Penalties ...................... 22
27.02 Enforcement .............................. 22
REPEAL.......... ...................................... 22
EFFECTIVE DATE... ..................................... 23
COMMON OPEN SPACE
21.01 Definition .................................. 14
21.02 Dedication of Common Open Space ........... 19
21.03 Non -dedicated Common Opens Space ........... 79
BOARD
OF ADJUSTMENTS AND APPEALS; VARIANCES
22.01 Creation and Membership ..................... 20
2202 Powers and Duties ..................:.;_.,_, 20
22.03 Appeals....... ............................. 20
22.04 Procedures ................................ 20
22.05 Revocation ................................. 21
CONDITIONAL USE PERMITS
23.01 Purpose ................................... 21
23.02 Initiation Of Conditional Use .................. 21
23.03 Application for Conditional Us• ............... 21
23.04 Hearing onApplication ........................ 21
23.05 Authorization .............................. 21
23.06 Standards .................................. 21
23.07 Conditions and Guaranties, ................... 21
23.08 Revocation .............. %.................. 21
23.09 Denial of Conditional Use ..................... 21
23.10 Conditional Use Permit Fees .................. 21
AMENDMENTS '
24.01 Purpose.................................... 21
• 24.02 Initiation ................................... 21
24.03 Applitnfion................................ 21
24.04 Public Hearing; Notice and Procedure .......... 22
24.05 Action by Planning Commission ............... 22
24.06 Action by Council ........................... 22
24.07 Refer►ai to Ptonning.Commissioa .............. 22
24.08 Effect of Denial..:;:. ........................ 22
24.09 Fees...... ;� :.......................... 22
ADMINISTRATION AND ENFORCEMENT "
25.01 Enforcing Officer ............................. 22
25.02 Zoning Adminiatroter, Duties .................. 22
SEPARABILITY
VIOLATIONS AND PENALTIES
27.01 Violations and Penalties ...................... 22
27.02 Enforcement .............................. 22
REPEAL.......... ...................................... 22
EFFECTIVE DATE... ..................................... 23
SEPARABILITY
VIOLATIONS AND PENALTIES
27.01 Violations and Penalties ...................... 22
27.02 Enforcement .............................. 22
REPEAL.......... ...................................... 22
EFFECTIVE DATE... ..................................... 23
aONINCZ-F ORL. DANCE NO. 47
ORDINANCE NO.47
AN ORDINANCE TO PROMOTE THE
HEALTH. SAFETY, ORDER. CONVEN.
IENCE AND GENERAL WELFARE BY
REGULATING THE USE OF LAND.
THE LOCATION AND THE USE OF
BUILDINGS AND THE ARRANGE-
MENT THEREOF ON LOTS. AND THE
DENSITY OF POPULATION IN THE
VILLAGE OF CHANHASSEN, b1INNE-
SOTA.
THE COUNCIL OF THE VILLAGE OF
CHANHASSEN ORDAINS:
SECTION 1. PURPOSES AND INTENT.
This ordinance is enacted for the pur-
pose of promoting the health. safety: or-
der. convenience and general welfare of
the residents of the Village by regulating
the use of land, the location and use of
buildings and the arrangement thereof on
lots. by controlling the density of popula-
tion and by avoiding environmental pollu-
tion.
SECTION 2. TITLE.
This ordinance shall be known and may
be cited and referred to as the "Chanhas-
sen Zoning Ordinance."
SECTION 3. SCOPE AND INTER-
PRETATION.
3.01 Scope. From the effective date of
this ordinance. the use of all land and ev-
ery building erected. altered. enlarged or
relocated, and every use within a build-
ing. or use accessory thereto. in the Vil-
lage shall be in conformity with the provi-
sions of this ordinance.
3.02 Noo-Conforming Use. Any exist-
ing use of land or any existing building not
in conformity with the rexulations Dre-
scribed herein shall be regarded a+a non-
conforming use. and shall be subject to
the regulations prescribed herein govern-
ing non -conforming uses.
3.03 Interpretation. This ordinance
shall be held to establish minimum stand-
ards for the promotion of the public
health. safety. comfort. convenience and
general welfare. Where the provisions of
this ordinance impose greater. restric-
tions than those of any statute: other ordi-
nance or regulation. the provisions of this
ordinance shall be controlling. Where the
provisions of anv statute. other ordinance
or regulation impose greater restrictions
than this ordinance. the provisions of such
statute. other ordinance or regulation
shall be controlling.
The standards established by this ordi-
nance are not intended to repeal. abro-
gate. annul or impair private agreements
or restrictive covenants which are equal
to or more restrictive than the standards
hereby established. except that the most
restrictive shall apply.
SECTION 4. Rt.'LES AND DEFINI.
TIONS.
4.01 Rules. For the purposes of this
ordinance, words used in the singular
shall include the plural. and the plural the
singular: the word "building" shall in.
clude the Nord •-structure": the word
"lot" shall include the words "plot".
"parcel" and "tract": the word '•shall"
is mandatory. and the word "mav" is
discretionarv.
4.02 Definitions. For the purposes of
this ordinance. certain terms and words
are defined as follows:
ACCESSORY USE OR STRUCTURE:
Ai accessory use or structure is a use or
structure subordinate to and serving the
principal use or structure on the same lot
and clearly and customarily incidental
thereto.
AGRICULTURE: Agriculture is the
cultivation of the soil and all- activities
incident thereto. Said term shall not in-
clude the raising and feeding of hogs by
feeding garbage thereto. the raising of
fur -bearing animals. nor the operation of
riding academies. commercial stables or
kennels.
ALTERATION: Alteration is any
change in size, shape. character. or use of
a building or structure.
APART31EINT: Apartment is a room
or suite .of rooms in a multiple dwelling
structure which is arranged. designed.
used or intended to be used as a dwelling
unit for a single family.
AUT051OBILE SERVICE STATION: -
Automobile service service station is a
retail place of business engaged primari-
ly in the sale of motor vehicle fuels.. but
also may. be engaged in supplying goods
and servces generally required in the
operation and maintenance of motor vehi-
cles. These may include sale of petroleum
products, sale and servicing of tires. bat-,
teries. automotive accessories, and re-
placement items. washing and lubrication„-:'
services, and the performance of minor
automotive.naintenance and repair.
BASEifE.tiT: Basement is a portion of
a building located partially underground.
but having half or less than its floor to
ceiling height below the average grade of
the adjoining ground. A basement shall be
counted as a story, except that a base-
ment the ceiling of which does not extend
'more than 5 feet above the curb level or
above the highest level of the adjoining
ground shall not be counted as a story.
BOARD: Board is the Board of Adjust-
ments and Appeals of the Village of Chan-
hassen.
BUILDING: Building is any structure
built for the support. shelter. or enclosure
of persons, animals or personal property
of any kind and which is permanently af-
fixed to the land. and which building pro-
vides a permanent protection against the
elements.
BUILDING. COMPLETELY EN-
CLOSED: A completely enclosed building
is a building separated on all sides from
the adjacent open space or from other
buildings or structures. by a permanent
roof and by exterior walls or party walls.
pierced only by windows and normal en-
trance and exit doors.
BUILDING. DETACHED: A detached
building is a building surrounded by an
open space on the same lot.
tsU1LUtNks l• kAUHT: Building height
the vertical distance from the curb lev-
or itsequivalent. opposite the center of
..oe front of the building to the highest
point of the roof in the case of a flat roof:
to the deck line of a mansard roof, and to
the mean level of the underside of the raf-
ters between the eaves and the ridge of a
gable. hip. or gambrel roof. If one side of
the street, between intersecting street,_
is partially built up with buildings at the
time of the adoption of this ordinance. the
height of building may be measured from
the elevation of ground at the center of
the front of the next adjoining building if
there are buildings on one side only or the
average of the elevation of ground at the
Center of the front of the adjacent build-
ings on each side. On through lots or cor-
ner lots, height of building shall be mea-
sured from the lowest curb or ground lev-
el as established above.
BUILDING. PRINCIPAL: A principal
building is a -ton-accessory building in
which a primary use of the lot on which it
is located is conducted.
BUILDING. RESIDF_NTIAL: A resi-
dential building is a building which is ar-
ranged, designed, used or intended to be
used for residential occupancy by one or
more families. and which includes, but is
not limited to. the following types:
1. Single family dwellings.
2. Two family dwellings-
3. Multiple family dwelling-, _
4. Townhouses.
CAR PORT: A car port is a roofed au-
tomobile shelter opened on at least two
sides. usually formed by extension of the
roof from the side of a building.
CHURCH: A church is a building for
public worship. and includes a synagogue-
.CUKIC. A clinic is a building in which
grouplpf physicians, dentists. or ph_vsi-
cianS_ihd dentists and allied professional
assistants are associated for carrying on
their profession The clinic may include a
dental or medical laboratory. Lut shall
not include in -patient care or operating
rooms for major surgery. -
CLUB OR LODGE. PRIVATE: A pri•
vate club or lodge is a non-profit asso6a-
tion of persons who are bona fide mem-
bers paying annual dues. which owns.
hires. or leases the building or a portion
thereof: the use of such premises being
restricted to members and their guests.
The affairs and management of such pri-
vate clubs or lodges shall be conducted by
a board of directors. an executive com-
mittee. or'a similar body chosen by the
members. It shall be permissible to serve
food and meals on such premises, provid-
ed adequate facilities are available_
Where properly licensed under Village
ordinances. the consumption of alcoholic
or non-alcoholic malt beverages by the
members of such club or lodge- or their
guests. shall be permitted.
CONFOR51ING BUILDING OR
STRUCTURE: A conforming building or
structure is any building or structure
which complies with all the regulations of
this ordinance or any amendment thereto
governing the zoning district in which
such building or structure is located.
CONVALESCENT. NURSING AND
REST HOME: ?, convalescent home. a
nursing, home, or a rest home is a home
,for aged. chronically ill. or convalescent
persons in which two or more persons not
of the immediate family are .received.
kept or provided with food. shelter and
care for compensation. but not including
hospitals. clinics or similar institutions
devoted primarily to the diagnosis and
treatment of disease or injury. maternity
cases, or mental illness.
COUNCIL: Council is the Village Coun-
cil of the Village of Chanhassen.
CURB LEVEL: Tate curb level for any
building is the level of the established
curb in front of such building measured at
the center of such front. Where no curb
elevation has been established. the Vil-
lage Engineer shall establish such curb
elevation. When a building has frontage
on more than one street. the lowest curb
level as determined above shall apply.
DISTRICT: A district is a portion of the
corporate area of the Village within
which certain uniform regulations and
requirements. or various combinations
thereof. apply under the provisions of this
ordinance.
DRIVE-IN ESTABLISHMENT: An
establishment of the drive-in type is one
which accommodates the patrons' auto-
mobiles. from which the occupants may
receive a service or obtain a product
which may be used or consumed to the
vehicle on the same premises.
DWELLING:. A dwelling is a building
or portion thereof designed or used exclu-
sively for human habitation, including
single family. two family. multiple fami-
ly and townhouse dwellings. but not in-
cluding hotels or motels.
- DWELLING, ATTACHED: An at-
tached dwelling is one which is joined to
another dwelling or building at one- or
more sides by a party wall or walls. - '
DWELLING. DETACHED: A detached.
dwelling is -one -which is entirely sur-
rounded by open space on the same lot.
DWELLING UNIT: A dwelling unit
consists of one or more rooms which are
arranged. designed. or used exclusively
as living quarters for one family only.
Complete single kitchen fzcilities and in-
dividual bathrooms. permanently in-
stalled. shall always be included with
each dwelling unit.
DWELLING. SINGLE FA1111.LY: A
single family dwelling is a building de-
signed for or occupied exclusively by one
family and containing one dwelfing unit
only.
DWELLING. TWO FAMILY: A two
family dwelling is a building designed for
or occupied exclusively by two families
and containing two dwelling units only.
DWELLING. MULTIPLE FAMILY: A
multiple family dwelling is a building de-
signed for or occupied by more than three
families and containing three or more
dwelling units. but not including a motel
or hotel.
EFFICIENCY UNIT: An efficiency
unit is a dwelling unit consisting of one
principal room. exclusive of bathroom.
kitchen. hallway. closets or dining alcove
directty off the principal room.
FAMILY: z family is an individual or
two or more persons related by blood.
marriage. or adoption. including foster
hildren and bona fide domestic servants
mployed on a full time basis by the fami-
ly in the dwelling unit. living together as a
single housekeeping unit- in a dwelling
unit.
FENCE: A fence is a structure provid-
ing enclosure but not protection against
the elements.
FENCE. SOLID: A'solid fence is a
fence which provides a visual barrier
between adjacent property and the area
enclosed.
FINANCIAL INSTITUTION: A finan-
cial institution is a commercial banking
establishment or savings and loan asso-
ciation chartered by the State of Minneso-
ta or the United States.
FOSTER CHILD: A foster child is one
placed in a private home for care and
maintenance by a parent. guardian. or a
duly accredited and established public or
private welfare agency.
FREIGHT TERSIINAL: A building or
area in which freight is transferred or
stored for movement in intrastate or in-
terstate commerce.
GARAGE. PRIVATE: A private ga.
rage is a detached accessory building or
portion of the principal building. includ-
ing a car port. which is used primarily for
storing passenger vehicles.
GARAGE. PUBLIC: A public garage is
a building used for the storage or care of
power driven vehicles. or where such ve-
hicles are equipped for operation. repair.
or kept for storage. hire or sale.
GRADE: Grade is an average level of
the finished surface of the ground adja-
cent to the exterior walls of the building
or structure.
GREENHOUSE: A greenhouse is a
structure used for the cultivation or pro-
tection of flowers, vegetables and nursery
stock.
HOME OCCUPATION: dome occupa-
tion is any occupation or profession car-
ried on by a member of the immediate
family residing on the premises in
connection with which there is no display -
that will indicate from the exterior that
the building is being utilized in whole or in
part for any purpose other than that of a
dwelling. There shall be no commodities
sold upon the premises and no person
employed therein other than a member of
the immediate family residing on the
premises or domestic servants: and no
:mechanical or electrical equipment shall
be used except such as is normally used
for purely domestic or professional pur-
poses. No accessory building shall be used
for such home occupation. Clinics. hospi-
tals. barbershops. beauty parlors and
animal hospitals are not home occupa-
tions.
HOSPITAL: An institution providing
persons with intensive medical or surgi-
cal care and devoted primarily to the di-
agnosis and treatment of disease or inju-
ry, maternity cases. or mental illness.
HOTEL: hotel is a building containing
12 or more guest rooms in which lodging
is provided with or without meals for
compensation and which is open to tran-
sient or permanent guests or both. and
where no provision is made for cooking in
any guest room, and which ingress and
egress to and from all rooms is made
V gh an inside lobby or office super-
v. .; by a person in charge.
JUNK YARD: Junk yard means an
area where used. waste. discarded or sal-
vaged materials are bought. sold. ex-
changed. stored. baled. cleaned. packed.
disassembled or handled. including but
not limited to,scrap iron and other met-
als. paper. rags. rubber products. bottles
and lumber. A junk yard includes an auto-
mobile wrecking or dismantling yard. but
does not include uses established in con-
junction with a permitted manufacturing
process when within an enclosed area or
building.
LOADING SPACE: Loading space is
that portion of a lot designed to serve the
purpose of loading or .unloading all types
of vehicles.
LOT: A lot is a zoning lot. except as the
context shall indicate a lot of record in
which case a lot is a lot of record.
LOT OF RECORD: A lot of record is a
lot which is part of a subdivision. the plat
of which has been recorded in the office of
the Register of Deeds or Registrar of Ti-
tles: or a parcel of land. the deed to which
was recorded in the office of the Register
of Deeds or Registrar of Titles prior to
the adoption of this ordinance.
LOT. CORNER: A corner lot is a lot
situated at the intersection of two streets.
LOT. THROUGH: A through lot is a lot
having a pair of opposite lot lines along
two more or less parallel public streets.
On a through lot both street lines shall be
deemed front lot lines.
LOT. ZONING: A zoning lot is a single
tract of land which. at the time of filing
fora building permit. is designated by its
owner or developer as a tract to be used.
developed or built upon as a unit under
single OQn-erahip or control. A zoning lot
-*_r lots ritaver may not coincide with a lot
of record.`'
-LOT AREA: Lot area is the area of a
horizontal' plane bounded by the front -
side. and rear lot lines. but not including
any area occupied by the %-aters of a duly
recorded lake or river.
LOT DEPTH: Lot depth is the average
horizontal distance between the front lot
line and the rear lot line of a lot measured
within the lot boundaries.
LOT WIDTH: Lot width is the mini-
mum horizontal distance between the side
lot lines of a lot measured at the required
front vard setback line. The front lot lane
shall be -that boundary of a lot which is
along an existing or dedicated public
street. A corner lot where interior lots of
record exist on both of the intersecting
streets shall provide for a front yard on
both street frontages.
LOT LINE REAR:The rear lot line is
that boundary of a lot which is most dis-
tant from and is. or is most nearly. paral-
lel to the front lot line.
LOT LINE SIDE: The side lot line is
any boundary of a lot which is. not a front
line or a rear lot line.
MOTEL. MOTOR COURT. MOTOR
HOTEL: A motel. motor court or motor
hotel is an establishment consisting of a
group of attached or detached living or
sleeping accommodations with bathroom.
located on a single zoning lot and designed
for use by transient automobile tourists.
and furnishing customary hotel service-
' MbTOR VEHICLE: a motor vehicl
dwelling units directly above or below
and with each dwelling unit separated
R-3 %1ULTrPLE RES1DENCE DIS-
any passenger vehicle. truck. truck-tra.,-
er. trailer or semi -trailer propelled or
from the adjoining unit by a masonry wall
or walls with no openings and extending
TRICT
R-4 ItIULTIPLE RESIDENCE DIS-
drawn by mechanical power.
USE: Anon -con.
tiOng
from the basement to the roof.
TRICT
COMMERCIAL DISTRICTS
use i any use
forming use is any use of land, buildings.
or structures law(ull,v existing at the time
TOXIC MATTER OR MATERIAL:
Toxic matter or material are those mate-
C-1 OFFICE BUILDING DISTRICT
C-2 C0M'MERCIAL DISTRICT
of adoption of this ordinance which use
rials which are capable of causing injury
to living organisms by chemical means
C•3 CO4fMERCI?►LSERVICF_ 1)IS-
TRICT
does not compiv with all the regulations
of this ordinance or any amendment here-
when present in relatively small
INDUSTRIAL DISTRICTS
to governing the zoning district in which
such use is located.
amounts.
USE: The use of property is the pur-
1-1 INDUSTRIAL DISTRICT
PLANNED DEVELOPMENT DIS-
NOXIOUS 41ATTER OR MATERIAL:
matter or material is material
pose or activity for which the land or
buildings thereon are designed. arranged
TRICTS
P-1 PLANNED RESIDENTIALNoxious
which is capable of causing injury toliv-
or intended. or for which it is occupied or
DEVELOPNJENT DISTRICT
ing organismsmaintained,
capable by chemical reaction, or is s
capable of causing detrimental effects on
and shall -include any manner
of performance of such activity with re-
. P-2 PLANNED UNIT DEVELOP -
MENT DISTRICT
the physical or economic well-being of
spect to the performance standards of
P-3 PLANNED COMMUNITY DE -
individuals.
this ordinance.
VELOPMENT DISTRICT
Odorous matter
USE, PERINITTED: A permitted use
P-4 PLANNED INDUSTRIAL DE -
is
is any material or matter that yields an
odor which is offensive in any way.
is a use which may be lawfully estab.
lished in a particular district or districts.
VELOPti1ENT DISTRICT
FLOOD PLAIN & WATERCOURSF.
PERFORMANCE STANDARD: A per.
'standard
provided it conforms with all require-
ments. regulations and performance
DISTRICTS
F-1 FLOOD PLAID! & WATER
forma nce is a criterion estab-
lished to control noise. odor. toxic or mox-
standards of such district.
USE, PRINCIPAL: A principal use is
-
COURSE DISTRICT
5.02 Zoning Map. The location and
ious matter. vibration. fire and explosive
hazards. or glare or heat by
the main use of land or buildings as distin-
boundaries of each zoning district. estab-
generated or
inherent in uses of land or buildings.
guished from subordinate or accessory
lished by this ordinance are as set forth in
PERSON: Person is any individual.
firm. partnership. corporation, company.
uses.
VARIANCE: A variance is a modifica-
lion
each zoning district section of this ordi-
nance. or as are shox-n on that certain
"Zoning
association. joint stock association. or
bodypolitic: and includes any trustee.
or variation of the provisions of this
ordinance as applied to a specific piece of
map entitled blap of Chanhas-
sen.. dated February 7. 197w on file in the
receiver. assignee or other similar repre-
property. except that modification in the
allowable uses within a district shall not'
office of the Village Clerk. Said zoning
map and all notations. references and
sentative.
PLANNING COMMISSION: Planning
be considered a variance.
WAREHOUSING: Warehousing is the
data shown thereon are hereby incorpo.
rated by reference into this ordinance and
Commission is the Planning Commission
of the Village of Chanhassen. •
commercial storage of merchandise and
shall have the same force and effect as if
-
PROPERTY LINES: Property lines
personal property.
WHOLESALING: Wholesaling is a
fully set forth and described herein. In
those instances where zoning district
are the lines bounding a -zoning lot as de-
fined herein.
business engaged in selling to retailers or
boundaries are set forth by leRal descrip-
RESEARCH LABORATORY: A re-
jobbers rather than consumers.
YARD: A yard is an open space on the
lion in the several zoning district sections
hereof:..;aid boundaries shall establish the
search laboratory is a -building. or group
of buildings. in which are located facili-
same zoning lot with a building or struc- limits of -the zoning district and shall take
ture. which yard is unoccupied and unob--Precedence over the zoning map- It shall
ties for scientific research. investigation.
testing. or experimentation. but
structed. A yard extends along a lot line
be the responsibility of the Zoning Admin-
not facil-
hies for the manufacture or sale of prod-
and to a depth or width measured from
the lot line specified in the yard require-
isirator to maintain said zoning map. andmendments thereto shall be recorded on
a
acts. except as incidental to the main
purpose of the laboratory. •
ments for the zoning district in which
said map within thirty 130) days after of -
SETBACX: Setback is the minimum
such zoning lot is located. .
YARD, FRONT- A front yard is a yard
ficial publication of such amendments.
5.03 District Boundaries_
horizontal distance between the front line
of the building or structure the
extending along the full length of the front
1. Boundary Lines.
and front
property line. -
lot line between the side lot lines.
The boundaries between districts
STREET: A street is a public right -of-
YARD; -REAR: A rear yard is a yard
extending along the full length of the rear
are. unless otherwise indicated. either
lot lines. the center lines of highways.
way which affords a primary means of
access to abutting property.
lot line between the side lot line.
YARD, SIDE: A side yard is a yard
streets. alleys. or railroad rights of
%%my. or such lines extended or lines
STRUCTURE: A structure is anything
erected. the use of which requires more
extending along a side lot line from the
front yard to the rear yard.
parallel or perpendicular thereto as
they exist on the effective date of this
or less permanent location on the ground.
or attached to something having perma-
ZONING DISTRICT: A zoning district
is an area or areas within the limits of the
ordinance or amendments thereto.
Where figures are shown on the zoning
nent location on the ground.
STORY: Story is that portion of a build-
Village for which the regulations and re-
map between a highway or street and a
ing included Between the surface of any
quirements governing use. lot and bulk of
buildings and premises are uniform.
district boundary line. said figures indi-
cate that thedistrict boundary line runs
floor and the surface of the floor next
above it. or if there is no floor it.
SECTION 5. CLASSIFICATION OF
parallel to the highway or street center
above
then the space between the floor and the
ZONING DISTRICTS.
5.01 Zoning Districts. For the purposes
line at a distance therefrom equivalent
to the number of feet so indicated.
ceiling next above it.
STRUCTURAL ALTERATION: A
of this ordinance, the Village of Chanhas-
2. Division of Lot of Record.
struc:ural alteration is any change. other
than incidental repairs. which
sen is hereby divided into classes of zon-
ing districts which are hereby designated
Where a district boundary line div-
ides a lot of record which was in single
would pro-
long the life of the supporting members
as follows:
ownership at the time of the enactment
of
a building such as bearing walls. columns.
beams. girders or foundations.
RESIDENTIAL DISTRICTS
R-lA AGRICULTURAL RESIDENCE
of this ordinance and places portions of
such lot of record in two t2t or more
TOWNHOUSE: Townhouse is a multi.
pie residence building consisting of three
DISTRICT
R-1 SINGLE FAMILY RESIDENCE
zoning districts. any portion of such lot
within fifty t5o, feet on either side of
or more dwelling units having the first
DISTRICT
R-2 MULTIPLE RESIDENCE DIS-
such a dividing district boundary line
may be used for any use of either zon-
story at the ground level with no separate
TRICT
ing district: provided. however. if any
5
portlop of such lot shall extend beyond
the fifty 1501 foot limitation, the dis-
trict boundary line sha:i prevail. _Ap-
peals from the Zoning administrator's
determination and questions of doubt
concerning the exact location of dis-
trict boundary lines shall be heard by
the Board of Adjustments and Appeals.
5.04 Compliance. Except as may oth-
erwise be provided in Section 20• Non -
Conforming Uses, all buildings -or struc-
tures erected hereafter. all uses of land.
buildings or structures established here-
after, all structural alteration or reloca-
tion of existing buildings or structures
occurring hereafter, and all enlarge
ments of or additions to existing build-
ings, structures or uses occurring hereaf-
ter shall comply with all regulations of
this ordinance which are applicable to the
zoning district in which such building.
structure. use or land shall be located.
SECTION 6. R-lA AGRICULTURAL
RESIDENCE DISTRICT.
6.01 Purpose. The R-lA Agricultural
Residence District is intended to provide
a distric' which will allow extensive
areas of te.e Village to be retained in a
lower population density in advance of the
need for these lands for extensive urban
purposes and to prevent the occurrence of
premature scattered urban development,
which would be uneconomical from the
standpoint of municipal services. utilities
and schools.
6.02 Permitted. Uses. Within an R-IA
Agricultural District- no building or land
shall be used except for one or more of
the following uses:.
1. Single family dwellings.
2. agriculture. Any enclosure. stable- or
other building in which farm animals.
including bees, are kept shall be a dis-
tance of not less than 100 feet from any
other lot in a Residential District.
6.03 Accessory Uses. Within an R-IA
Agricultural District. the following uses
shall be allowed as accessory to. the per-
mitted use:
1. Private garages.
2. Privately owned swimming pools and
tennis courts for the use and conveni-
ence of the residents of the permitted
use. _ -
3. Structures accessory to an agricultural
permitted use. -
4. Stands for agricultural products pro-
duced on the premises by the owner.
6.04 Uses by Conditional Use Permit.
Within an R-IA Agricultural District, the
following uses may be allowed but only
upon the securing of a Conditional Use
Permit:
1. Parks and recreational areas owned
and operated by governmental units
and residential neighborhood associa-
tions.
Z. Non-profit schools, including colleges,
having a regular course of study ac-
credited by the Sta to of Minnesota.
I. Government owned and operated civic
and cultural institutions including• but
not limited to, administrative offices.
libraries. public safety buildings, and
place%of assembly.
R. Golf courses, but not including driving
tees. ranges, or miniature golf courses
operated for commercial purposes.
Cemeteries
6. Commercial radioand television trans-
mission stations.
7. Living quarters for persons employed
on the premises of the permitted use.
S. Greenhouses, tool houses and similar
structures accessory to a private resi-
dential use.
6.OS Height. Yard, Area, and Lot
Width and Depth Regulations.
1. Height Regulations:
a. No single family dwelling shall
exceed two and one-half 12-1 21 stories.
b. All other structures shall not ex-
ceed twenty-five 125) feet in height.
except when accessory to an agricul-
tural principal use.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth of not less than fifty (501 feet.
3. Side Yard Regulations:
a. There shall be a side yard on one
side having a depth of not less than one
hundred 1100) feet, and a side yard on
the other side having a depth of not less
than ten 1101 feet.
4. Rear Yard Regulations:
a. There shall be a rear yard having
a depot of not less than fifty (50) feet.
5. Lot Area Regulations:
a. Every lot or tract of land on which
a single family dwelling is erected shall
contain an area of not less than two and
-one-half 12-1 21 acres, which shall ad-
join a public road or a village street.
6. Lot Width and Depth Regulations:
a. Every lot or tract of land on which
a single family dwelling is erected shall
have a depth not greater than two times
the width.
6.06 Parking.
1. Not Iess than two f2t automobile park-
ing spaces shall be provided on the site
occupied by the permitted use. Ade-
quate space shall be reserved on the
site to allow for the construction of a
two car garage
6.07 General Regulations.
1. Additional regulations in the R-IA Ag-
ricultural District are set forth in Sec-
tion 19 •
6,08 Boundaries of the R-IA Agricultur-
al District.
1. The boundaries of the R-lA AgriculWr-
al District shall include the following
described
SECTION . R-1 SINGLE FAMILY
RESIDENC c-rn IrT
7.01 Purpose. The R-1 Single Family
Residence District is intended to provide
a district which will allow residential -
development in those areas where such
development fits the Village land use
plan.
7.02 Permitted Uses. Within an R-1
Residence District• no building or land
shall beused except for the following use:
1. Single family dwellings.
7.03 Accessory Uses. Within an R-1
Residence District, the following uses
shall be allowed as accessory to the Per-
mitted Use:
1. Privategarages.
2. Privately owned swimming pools and
tennis courts for the use and conveni-
o -e of the residents of the permitted
3. v ental of rooms for occupancy by not
more than two persons per dwelling
unit, except that no separate dwelling
unit shall be allowed and that one off-
street parkingtspace per tenant shall be
provided. . •
7.04 Uses by Conditional Use Permit.
Within an R-1 Residence District, the fol-
lowing uses may be allowed but only upon
the securing of a Conditional Use Permit:
I. Parks and recreational areas owned
and operated by governmental units
and recreational areas operated by res-
idential neighborhood associations,
2. Non-profit schools having a regular
course of study accredited by the State
- of Minnesota
3. Government owned and operated civic
and cultural institutions including. but
not limited to, administrative offices.
libraries, public safety buildings, and
places of assembly.
4. Golf courses, but not including driving
tees, ranges, or miniature golf courses
operated for commercial purposes
5. Churches,
6. Living quarters for persons employed
on the premises of the permitted use.
7. Greenhouses, tool houses and similar
structures accessory to a private resi-
dential use.
8. Amateur radio transmission antennas.
7-05 Height, Yard, Area and Lot Width
and Depth Regulations_
1. Height Regulations:
a. No single family dwelling shall
exceed two and one-half 12-11t stories.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth oitnot less than thirty 130► feet.
3 Side Yard.Regulstions:
7 a. There shall be a side yard having a
depth of not less than ten 110# feet.
4. Rear Yard Regulations:
a. There shall be a rear yard having
a depth of not less than thirty 130► feet
from the dwelling to the rear property
lint
b. There shall be a rear yard having
a depth of not less than ten ISO► feet
from any detached accessory use struc-
ture to the rear property Iine.
5. Lot Area Regulations:
a- In areas served by public water
and sanitary sewer systems every lot
or tract of land on which a single family
dwelling is erect ntain. an
area of not less tba 15,0are feet.
exceptthat in plait 00 r.eas served by
said water and sanitary sewer systems
the minimum lot size shall be gover-
ened by the provisions of Section
8.061 a ►11► of the Subdivision Ordinance
of the Village of Chanhassen. '
6. Lot Width and Depth Regulations:
a. Every lot or tract of land on which
a single family dwelling is erected shall
have a width of not less than 90 feet at
the building set back line.
7.06 Parking,
1. Not less than two 12► automobile Park-
ing spaces shall be provided on the site
occupied by the permitted use. Ade-
quate space shall be reserved on the
site to allow for the construction of a
Bence DistrictbOundaries of Kesidencr lot area rage 8radeitof iheeasure� trcm deems nee sees to any such h CG
describ shall inc(ud Resi• Burr with s'arY to ' Per7
. SEt:TIO:\ .tracts and parcels or i '011owin8 2' Front Yard R I'ng 2. Des.theprovisions oftth. re corn
P R-2 and: a. esulat. sign Res Sordi LE R Purpo Nc AND D R a There sha a is: a ib' ai
8.of DE R'1 1l depth ll a front ' A bu.Id* ,I,tY; n
L'LTl- ! °f not l t Yard resid g Pe
Distri T 1�fulti feet except t gins than tweet . •wing rnL
e;►re boil emit for a
which cts are intend Pie Resi tersection or hat a lot locates a ��ve r25 i
will allow deuce cesor2 dwell=ng
to provide di have two or the in_ Y ther uni s norbuilding
nj r
oPment, inctudi multiple dw strict$ a front yard r more streets s less the reto. shall
in n ellin side of hall a all not but d' g-
gs. apart rnens d btowa d deve . not less than depth on each street cludirg thePltcant s buildibe tsu"
those areas H, mrly dwelt- Dist rn R-2 and R•3 twenty five r architect siteplan, are ng Plans.
the Villa here such Bey nhouses, iR rids and t Multiple R �' 'blinne register certified
nthe Village land el Multi hirt widen so ed i b
are pal sanitary sewePlan and oPment fits 3. Sid Multiple reside Y ram' feet iR
e Yard R nee Distri Ra the building andUng
n the St
and waterhere mu- e3ulations: cts. under his d a
Rest- a. available, Services a' lach buildin erect su t t the deli ate
in to has been
2, R_3and
Districts The .tifultip(e tY 1301 feet in 8 not in excess T or pervisio Prepare
8.02 P R.4 Districts designated as R_ yard haven height shall of thir- in Provided - the Tzpe Ilconstr ct.build
1.Within0 et'at.tted Uses. twenty-five g a depth of have a side corporated bunifortn Buildin ort as
lana11n R-2 District, no t b' Each buZld�feet. not less than meehani.. shall Terence by Ora e
ing uses: be used except I�6uilding or havinDi eet to height c I shall excess °f designed by
and stru a a el
lecirica1,
a- Sin the follow. g a d havea thirty State Y engine
not Single family dwell -live r25 t depth of not le side Yard of Aiinn ers regent Systems
More than one ngs.c°R ,Yard Pert plus one r1 than twenty. paragraph shajjSO� Provisi,7O the
b. Ttivo 12f fa residential careen. ex depth for eve foot of side t1OR °f the not Prohibit the of this Z. Within an R-3mijt,. dwell- unit, 4. Rear yard R tY r30, every in height in .1 iteplanner. Plan bYa prime sr1 �
land shall beu District, no buildirt t a. Each egu>atioos; a An Const,z, nal
ing uses: sed except for theg or y �30t building not in Y build- Ion.-
follow-
a, Multi Yard haves! in height slaJjxcess °f chit- jleg to height S ngMore than three ple dwellings containtrt twenty-fiveg a depth have a rear constructio of T ee sto-
ps° two r
8221 dwelli i nor mor g not cr23' f _ °f not less t forte Build' Cie et forih�sjaid ufPe
b, Town itgurtiLs a than twelve i301 Each buildi gist. than 4. FloorAr
3 Within houses. feet in Nei in excess Cf a. the
land shallbeu strict; no boil Ord having a height shall have 2 rear dwelling mirtitnum
ing uses: used except for ding or 'wenty-five r25 j f depth of not less than Etfi en unit shall be as follow area per
a• Multi the follow_ yard depth Ior plus one I i foot feet dwelling uni : s:
iess than tweiv 12 ings containing not s• In excess
Arent R thirty r3o) every in hhs One bed dw t � net square
8.03 q�ess dwell- a, �gt+lat.ons: square f ellin
R� ory U ,�ithsun� fee minima Two eel 8 unit:
e and Multi ' rt a t total nt number Jsedr net
the lollow' Multiple Reside R'2• allow lot area,of square so bedroom dwelling U - -
ac � tug uses shall be allowances under, nets ed adjust Y the tnobr ng unitst, �
ry to the Pe shall perfiitt or i ed b Dwelling
I. Subordinate uses a fitted Use: be as follows. 'Posed here, a bedrooms shall ha three
t
custornarity a hich are clearivd d rI R 2 Distri alb
use. ccessory to the and 3.500 or
square f �°0p square feet, or each.bed a feet o fV� addition
2: Private perrri.tted which Per dtiv ° f
ate recreational facilities t2t R-3 ever is most r elJtng unit, , - For pt, 1 exCeSg of
District _ o. a for
ing Swimmingestrictive; net floor
it.
ntended lPools and t es, includ- Z• . square I �� square f _area of a s�trernert
o men
so.eJ inns tour t3i R� eet. ar m a since area With* * t1'g unit shall
the
meet of the residents of ts• whicheveris per dwellin as e
Y fors' the use and enjoy 2, District _ 30oOM estrictiv� unit, measnr, single ing unit, and ng used
W a theirguests. the Permitted WO
square feet square feet, or Falls to the om the inside shall be
Us" by Conditional. {1sei whicheveris Per dwellin ing the center of of outside
The following u t, - b- 8asisa iiiost restrictive unit, but shah welling unit b rtitiorts bound !ollow. uses b - r3 ► Subtract '!"1O"tit Of Allow or elevates t include i
nS districts be allowed i taf square a„Ce: beg rrleaSured.
Curingola but only n the ljarlttng stall in or feet far each ers, publi s' Public entri c stattways
1 R- Conditional upon the se- Pie residence under the c balconies, oru`Public fed
2artdh;_3 Use Pe ence multi. Public Pore
Residen rTnit• wise building turnace arm Separate enclos
a Any use Districts: t2i SubtraPletely under.. or other
Of the 'R-1 permitted in ground. not w' gins _ ility room
Distri Single p Section T dwelling square with the °ores, s
Lk
s,
b. Hotsas regulated therily Residen a rY of the unit above the fovrtht I)reach' S. Cans The &' Sto telling unit orgara area;
Petals and ebv, i multiple resides Storage...
ges.
nursing home$ convaj Add Ce bu Id of closet a °1dJIOw.ng rn--. u
escent and i3, rn
R'I Residence Districts.r square feel fo r ided for each dstorage shall mounts
note in excess r each bed_ 1 i Efficie Welling unit: be Pro-
a- Anv
of this se use pern.mitted .n Subs 8 t>s elling unit JO line f and
b• Retailish ection I I. Des. &iiding Design a of two in each cubic feet feet
°f is os room units:
aced entirely oPs and restauran Inn Review: nd Construction. room
of but. stora$et e. and yg
a. !\o 121 Two bedr
building, and within the PerrRitt� situ- building pe
the • which area residente build.n i7rlIt for a multi bulk S Ce ared 1 23 lineal legit of
rO?' inter, accessible u P1ex g or tow Ple stor 4i
error of the buildirte °nlv Containing mot r3i Three more
'Sib1e fr dvertisirg or din g and units, °r buildirt a that+ 12°Ose Com- tee or feet of
cubic t
°m the outside Alav whit shall gs access dwell- bedroom in ec
his' issued rY ther bedrOpms•
nd which facilities ar °f thebuiJd.ng, without eto, one ��,
• For
'aril been review Navin d ell.n � CeSg two in ea
)5 Y for the residentsa Provided ri- mission a by the PIart g first Linea! feet g unit, an additional
Depth eRbt, Yard, Are 2 a the building, following t aPProved by thong Com. Cubic feet off h� et space and 5p
rSulations, and Lot Width Section 23, Procedures set C�uncil r l► Oshall be required Stora$e volume
except tha Conditional Useforth permits. Y closet
held on any t.
a Public hearing nbe mum clear Pace having a
PPl.cation fora g unobstructed flog to nand v.nfinish depth of �•0..
Permit. dha+ghtr'rntin.nshall be CO send
7 Bet
S the lineal feet
of closet provided.
6. Incinerators, Trash and Garbage:
a. Exterior storage of trash and gar-
bage shall be completely enclosed by
walls and roof, and all garbage shall be
stored in completely enclosed Village
approved containers.
b. Only Village approved incinerators
and trash and garbage compactors
shall be used.
7. Elevators:
a. All multiple residence buildings of
more than three 13► stories shall be
equipped with not less than one c 11 pub-
lic elevator.
8. Accessory Buildings:
a. Setback requirements established
for multiple residence buildings shall,
apply to accessory buildings except
that accessory buildings located within
the rear yard of the multiple residence
building may be located to within 5 feet
of the rear of interior side property
line.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
3.07 Parking. There shall be provided
on the site occupied -by the multiple resi-
dence building a minimum of two parking
spaces per dwelling unit, one of which
shall be enclosed,• except that in the R-2
District there shall be provided two en-
closed parking spaces per dwelling unit.
Each parking space shall have a mini-
mum width of. 9 feet and a minimum
depth of 20 feet exclusive of aisles and
maneuvering space. Exposed parking
areas shall be surfaced with a hard, all-
weather, durable, dust -free surfacing
material and, shall be properly drained,
and shall be maintained ig,a sightly and
well -kept condition. No parking area shall
be located closer than 25 feet to the front
property line, nor closer than 10-feet to
any building. All parking areas containing
more than six spaces which face either a.
public street or residentially zoned prop-
erty shall have a solid wail or fence of not
less than four feet in height along such
adjoining property line. which shall be
maintained in good condition, and which
shall be so designed to be architecturally
harmonious with the principal structure.
A screen planting approved by the -Council
may be substituted for'the required wall
or fence. _
8.08 General Regulations.
1. Additional regulations in the R-1. R-3
and R-4 Residence Districts are set
f orth in Section 19.
8.09 Bou nd2 ri es of the R-2; R-3a nd R-4
Residence Districts..
The boundaries of the R-2. R-3 and R-
4 Residence Districts shall include the
following described tracts and parcels
of land:
SECTION 9. C-1 OFFICE BUILDING
DISTR 1CT.
9.01 Purpose. The C-1 Office Building
District is intended to provide a district
which is related to and may reasonably
adjoin high density residential, commer-
cial and industrial districts for the loca-
tion and development of administrative
office buildings and related office uses
and which are subject to more restrictive
:ontrols than allowed in other commer-
cial districts. The office uses permitted in
this district are those in which there is
limited contact with the general public
and in which no manufacturing, exterior
display or the direct selling of merchan-
dise from the permitted use shall be al-
lowed.
9.02 Permitted Uses. Within a C-1 Of-
fice Building District, no building or land
shall be used except for the following
uses:
1. Administrative and executive offices.
2. Medical, dental, legal and similar pro-
fessional offices.
3. Financial institutions.
9.03 Accessory Uses. Within a C-1 Of-
fice Building District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Within office buildings having ei-
ther a gross floor area of 40,000 or more
square feet or at least 200 full-time office
employees. a limited amount of the
ground floor area may be used for facili-
ties providing convenience goods and
services for the office area occupants and
business invitees provided that the total
net floor area devoted to such accessory
uses shall not exceed 10%. of the total
gross floor area of the building. Said ac-
cessory uses shall include those listed
below and such other accessory uses the
primary function of which shall be to sup-
ply convenience goods and services for
the office building occupants:
a. Restaurants. cafes and coffee
s hops... Office supply equipment. sales and
service.
c. Pharmacies and related profes-
sional shops.
d. Newsstands.
.e. Barber shops.
2. Subordinate uses which are clearly
and customarily accessory to the permit-
ted use.
9.9+ Uses by Conditional Use Permit.
Within a C-1 Office Building District. the
followirg uses may be allowed but only
upon the securing of a Conditional Use
Permit: .
1. -Any use permitted in Section 7.04 of the
Single Family Residence District, as
regulated therein.
2. Multiple dwellings containing not less
than three 13) dwelling units.
3. Hospitals.
4. Mortuaries.
5. Research facilities and laboratories.
6. Passenger facilities for mass transit
services.
9.9S Height, Yard, Area and Lot Width
and Depth Regulations.
1. Height Regulations:
a. No structure shall exceed 45 feet in
height as measured from the average
grade of the surrounding lot area.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth of not less than 25 feet.
b. A lot located at the intersection of
two or more streets shall have a front
yard depth on each street side of not
less than 25 feet.
3. Side Yard Regulations:
a. Each building not in excess of 30
' A in height shall have a side yard
wing a depth of not less than 25 f eet
b. Each building in excess of 30 feet
in height shall have a side yard having a
depth of not less than 25 feet plus one
foot of side yard for each foot in height
in excess of 30 feet.
1. Rear Yard Regulatioas:
a. Each building not in excess of 30
feet in height shall have a rear yard
having a depth of not less than 25 feet.
b. Each building in excess of 30 feet
in height shall have a rear yard having
a depth of not less than 25 feet plus one
foot of rear yard for every foot in
height in excess of 30 feet.
5. Lot Are2 Regulations:
a. Not more than 30'; of the lot area
shall be occupied by buildings. -
b. An allowance of 500 square feet
shall be permitted for each parking
stall in or under the principal structure
or otherwise completely underground.
6. District Area Regulations-.
a. Each C-1 Office Building District
shall have an area of not less than 3
acres unless such district adjoins an-
other C-1 District or a C-2 District.
9.06 Building Design and Construe-
tion.
1.
Design Review:
a. No building permit for a principal
building or oulluingra-ccessory thereto,
ina C-1 District shall be issued without
having first been reviewed b the Plan-
ninv rnmrnission- and aoorovea"by-the
set
forth in Section 23�onantio e
Perrn► oc ore, except that no pub-
lic earsng nee held on any applica-
tion fora permit. The Council may at-
�tach siiehconiditions and guarantees to
any such permit as it deems necessary
to insure compliance with the provi-
sions of this ordinance.
2. Design Responsibility:
a. A building permit for a principal
building, or buildings accessory there-
to, in a C-1 District shall not be issued
unless the applicant's building plans._
including the site plan. are certified by
an architect registered in the State of
Minnesota. stating that the design of
the building and site has been prepared'
under his direct supervision. Any build-
ing of Type I or Type f I construction, as
provided in the Uniform Building Code
incorporated by reference by Ordi-
nance No. 23. shall have its electrical.
mechanical and structural systems
designed by engineers registered in the
State of Minnesota. Provisions of this
paragraph shall not prohibit the prepa-
ration of the site plan by a professional
site planner.
3. Type of Construction:
a. All buildings in a C-1 District shall
be of Type 1 or Type If construction as
set forth in said Uniform Building
Code.
4. Incinerators. Trash and Garbage:
a. Exterior storage of trash and gar-
bage shall be completely enclosed by
walls and roof. and all garbage shah be
stored in completely enclosed Village
approved containers.
8
FBI
3.
b. Only Village approved incinera
and trash and garbage compactors
shall be used.
Elevators:
a. All buildings in a C-1 District of
more than 2 stories shall be equipped
with no less than one public elevator.
Accessory Buildings:
a. Set back requirements established
for principal buildings in a C-1 District
shall apply to accessory buildings, ex-
cept that accessory buildings located
within the rear yard of a site adjoining
any C-1. C-2, C-3 or 1-1 District may be
located within 10 feet of the rear or in-
terior side property line.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure. ,
9.07 Parking.
Spaces Required:
a. A minimum of one off-street park-
ing space shall be provided on the build-
ing site for each 300 square feet of gross
floor area within the principal struc-
ture: provided that on building sites uti-
lized primarily for medical and dental
offices, a minimum of six off-street
parking spaces shall be required for
each doctor or dentist maintaining pro-
fessional offices in the principal struc-
ture.
b. When the principal structure is of
such size oi- capacity as to allow for
accessory uses within said structure.
additional off-street parking spaces
shall be provided at the rate of eight
spaces for each 1000 square feet of
gross floor area devoted to such acces-
sory uses. ` -
Design and Construction.
.a. Off-street parking.areas shall beso
designed that vehicles may be parked
in a convenient and orderly fashion.
Parking areas shall be surfaced and
maintained with a hard, all-weather.
durable, dust -free surfacing material.
shall be properly drained, and shall be
maintained in a lightly and well -kept
condition. Each parking space shall be
clearly outlined or_otberwise marked
and shall have a minimum width of 9
feet and a length of 20 feet exclusive of
aisles and maneuvering space. Clear
aisle widths shall be at least 12•feet for
45 degree parking, 18 feet for 60 degree
parking and 24 feet for 90 degree park-
ing. Open off-street parking which
faces either a public street or residen-
tially zoned property shall have a solid
wall or fence of not less than four feet
in height which shall be maintained in
good condition, and which shall be de-
signed to be architecturally harmoni-
ous with the principal structure. A
screen planting approved by the Coun-
cil may be substituted for the required
wall or fence. The wall or fence shall
not be used for advertising purposes.
Any lighting used to illuminate off.
street parking areas shall be so ar-
ranged as to deflect the light away
from adjacent properties.
Location:
a. No parking area shall be located
closer than 25 feet to the front property
line nor closer than 10 feet toany build -
ing.
4. Storage:
a. All supplies, equipment and motor
vehicles in excess of 2 of larger. than
7.000 pounds licensed gross weight shall
be stored within a completely enclosed
building.
5. Loading:
a. There shall be provided a mini-
mum of one off-street loading facility
for a building having a gross floor area
of 20,000 to 100.000 square feet and one
additional facility for each 100,000
square feet or major fraction thereof
over 100.000 square feet..The location.
design and screening of loading areas
shall be subject to the same restric-
tions applicable to off-street parking
areas.
9.01f Landscaping.
1. All exposed ground areas of a permit-
ted use which are not devoted to drives,
sidewalks, patios or similar uses shall
be landscaped with grass, shrubs.
trees. or other ornamental landscape
materials, which shall be kept neat.
clean and uncluttered. No landscaped
area shall be used for the parking of
vehicles, or the storage or display of
materials, supplies, or merchandise.
9.09 General Regulations.
L Additional regulations in the C=1 Office
Building District are set forth in Sec-
tion 19.
9-10 Boundaries of the C-1 Office
Building District. The boundaries of the
C-1 Office Building District shall include
the following described tracts and parcels
of land:
SECTION 10. C-2 COMMERCIAL DIS•
TRICT.
10.01• Purpose. The C-2 Commercial
District is intended to provide compact
centers for retail sales and services offer
ing a wide range of goods and services.
10.92 Permitted Uses. Within a C-2
Commercial District. no building or land
shall be used except for the following
uses:
1. General retail sales and services, but
not including automobile, truck, trac-
tor, trailer, boat, or other mobile pow-•
er-driven equipment sales or services.
" building material yards, or automobile
car wash establishments. -
2. Financial institutions.
3. Business and professional offices.
4. Restaurants, theaters and taverns, but
not including "drive-in" type service.
5. Dry cleaning and laundry collection
stations and self-service laundries.
6. Mortuaries.
7. Government owned and operated civic
and cultural institutions including, but
not limited to. administrative offices,
libraries, public safety buildings, and
places of assembly.
19.53 Accessory Uses. Within a C-2
Commercial District, the following uses
shall be allowed as accessory to the per-
mitted use:
1. Subordinate uses which are clearly and
customarily accessory to the permitted
use.
2. Repair facilities when operated as
accessory to a retail sales permitted
use. provided that said accessory use
shall not OCCUPY more than 30': of the
gross floor area of the principal struc-
ture.
10.84 Conditional Uses. Within a C-2
Commercial District. the following uses
may be allowed, but only upon the secur-
ing of a Conditional Use Permit:
1. Auto service stations for gasoline, oil.
tire. battery and accessory sales, ex-
cludiig body and major power train
repair: and provided that, in addition to
such other conditions as may be pre-
scribed by any conditional use permit.
the following minimum standards shall
apply:
a. No service station structure, park-
ing area or driveway except access
0 driveways shall be located .within 10
feet of any portion of an R-1A. R-I. or R-
2 Residential District.
b. A Service station site shall have a
frontage of not less than 150 feet on a
public street, and shall have not less
than two places of access to a public
sYeet. The total site area shall be no:
less than 20,000 square feet.
c. Fuel pump islands shall be set
back not less than 25 feet from any
property line.
d. Hoists, pits, lubrication, washing.
and repair equipment shall be enclosed
within the principal structure.
e. All driveway and parking area
surfaces shall be constructed and main-
tained in' the same manner as pre-
scribed for parking areas in this dis-
trict.
I. The storage of wrecked or junked
vehicles shall not be permitted on an
auto service station site.
2. Establishments of the "drive-in" type.
t d exceprive-in theaters, offering goods
--. or services directly to customers wait-
ingie-parked motor vehicles. provided
that, in addition to such other condi-
tions as may be prescribed by any con-
ditional use permit, the following mini-
mum standards shall apply:
a. No structure, parking area, or
driveway except access driveways
shall be Located within 100 feet of any
portion of an R-la. R-1 or R-2 Residen-
tial District-
b. Each site shall have a frontage of
not less than 150 feet on a public street,
and shall have not less than two places
of access to a public street- The total
site area shall be not less than 20,000
square feet.
c. Parking areas shall have a front
yard having a depth of not less than 25
feet and a side yard having a depth of
not less than 10 feet.
3. Hotels and motels.
4. Parking ramps.
5. Private clubs and lodges organized as
non-profit corporations.
6. Passenger facilities for mass transit
services.
10.05 Height. Yard, Area, and Lot
Width and Depth Regulations
1. Height Regulations:
a. No structure shall exceed 45 feet
in height as measured from the average
gradeof thesurrounding lotarea.
2. Front Yard Regulations:
a. There shall be a front yard having
a depth of not less than 25 feet, except
that a site facing on an R-1A. R-1 or R-2
Residential District shall have a front
yard having a depth of not less than 100
f eet.
b. A lot located at the intersection of
two or more streets shall have a front
yard depth -on each street side of not
less than the depth required under
subsection 21 a ► above.
3. Side Yard Regulations:
a. A site adjoining an R-IA. R-1 or
R-2'Residential District shall have a
side yard having a depth of not less than
75 feet
4. Rear Yard Regulations:
a. A site adjoining an R-IA. R-1 or R-
2 Residential District shall have a rear
yard having a depth of not less than 7-5f eet.
5. Lot Area Regulations:
a. Not more than 25"c of the lot area
shall be occupied by buildings.
6. District .Area Regulations:
a. Each C-2 Commercial District
shall have an area of not less than 5
acres, unless such district adjoins an-
other C-2 District or a C-3 District.
10.06 Building Design and Construc-
tion. Building design.and construction
within a C-2 District shall be governed by
the provisions of Section 9.06 of this ordi-
nance. except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in a C-2 District shall ap-
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
10.07 Parking.
1. Spaces Required
a. The minimum number of off-street
parking spaces required on the building
site for each of the following permitted
uses shall be:
General Retail Sales and Services.
Financial Institutions: One space per
150 square feet of principal structure
gross floor area.
Business and Professional Offices,
except medical and dental: One
space per 300 square feet of principal
structure gross floor area.
Medical and Dental Offices: Six
spaces for each doctor or dentist
maintaining professional offices in
the principal structure.
Restaurants, . Theaters and
Taverns: One space per 3M square
feet of principal structure gross floor
area or one space per 3 seats in place
of assembly, whichever is greater.
Government Buildings: 10 spaces
plus one space per 500 square feet of
principal structure gross floor area.
Mortuaries: -One space for each
employee and one space for each 3
seats in the place of assembly.
2. Design and Construction:
a. The design and construction of off-
street parking areas in a C-2 District
ioc;,^-d in separate areas adjacent to oth-
er it business districts and thus help
to hcep the basic retail areas compact
and convenient, and in other separate
areas to provide a district which may be
located in close proximity to a major tho-
roughfare or highway in order that high-
way service types of land uses can be
provided.
11.92 Permitted Uses. Within a C-3
Commercial Service District. no building
or land shall be used except for the follow-
ing uses:
1. Sales, services and major repair of
motor vehicles, boats. and mobile pow-
er driven recreational equipment.
2. Auto service stations.. provided that
the minimum standards of Section
10.0011 of this ordinance shall apply.
3. Establishments of the "drive-in type
offering goods or services directly to
customers waiting in parked motor
vehicles, provided that the minimum
standards of Section 10.002► of this
ordinance shall apply:
4. Greenhouses for retail sales only.
5. Financial institutions.
6. Hotels and motels.
7. Restaurants, theaters and taverns.
8. Dry cleaning and laundry collection
stations, and self-service laundries.
9. Retail plumbing. heating. television.
radioand appliance sales and repair.
10. Mortuaries.
11.03 Accessory Uses, Within a C-3
Commercial Service District, the follow-
ing uses shall be allowed as accessory to.
the permitted use:
1. Subordinate uses which are clearly and
.customarily accessory to the permitted
use.
11.03.-CRfditional Uses. Within a C-3
Commercia4Service.District. the follow-
RPg uses --may be allowed. but only upon
the securing of a Corditional Use Permit:
1. Uses allowed in the R-4. C-1 and C-2
Districts.
2. Commercial greenhouses and land-
scaping businesses. -
3. Parking ramps-
4. Private clubs and lodges organized as
non-profit corporations.
5. Passenger facilities for mass transit
services: -
Il.os Height. Yard, Area and Lot
Width and Depth Regulations.
1. Height Regulations:
a. No structure shall exceed 45 feet
in height as measured from the average
gradeof thesurrounding lotarea.
2. Front Yard Regulations: _
a. There shall b-e a front yard having
a depth of not less than 40 feet, except
that a site facing on an R-IA. R-1 or R-2
Residential District shall have a front
yard having a depth of not less than !00
feet.
b. A lot located at the intersection of
two or more streets shall have a front
yard depth on each street side of not
less than the depth required under
subsection 21 a) above.
3. Side Yard Regulations:
a. A site adjoining an R-iA. R-1 or R-
2 Residential District shall have a side
yard depth of not lees than 75 feet.
i
10
4. Rear Yard Regulations:
`a. A site adjoining an R-IA. R-1 c
2 Residential District shall have a ,r
yard depth of not less than 75 feet.
5. Lot Area Regulations:
a. Not more than 501, of the lot area
shall be occupied by buildings.
6. District Area Regulations:
a. Each C-3 Commercial Service
District shall have an area of not less
than 10 acres. unless such district ad-
joins a C-2. C-3 or I-1 District.
11.06 Building Design and Construc-
tion. Building design and construction
within a C-3 District shall be govern.-.' by
the provisions of Section 9.06 of this ordi-
nance. except as hereinafter set forth:
1. Accessory Buildings:
a. Set back requirements established
for buildings in a C-3 District shall ap-
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
11.07 Parking.
1. Spaces required:
a. The minimum number of off street
parking spaces required on the building
site for each of the following permitted
uses shall be:
Auto Service Stations: 3 spaces for
each enclosed service bay and one
space for each employee on primary
shift
Establishments of -drive-in
type": One space for each employee
per shift i not including outside serv-
ice empioyeesi in addition to re-
quired spaces for customers..
Hotels and Motels: One space for
each rental unit and one space for
each employee on primary shift.
Restaurant: -One., space for each
employee per shift and. one space for
each 3 seats in the dining areas.
General Retailing: One space for
each 150 square feet or fraction
thereof.
Mortuary: One space for each
employee and one.space for each 3
seats in the place of assembly.
Clubs or Lodgrs: One space for
each 3W square feet of. gross floor
area or one space for each 3 seats in
the largest place of assembly.
2. Design and Construction: '
a. The design and construction of off-
street parking areas in a C-3 . District
shall be governed by the provisions of
Section 9.07 of this ordinance.
3. Location:
a. The parking area may abut the
property line if the abutting property is
zoned C-2 or C-3. Parking areas adjoin-
ing all other districts shall not be locat-
ed closer than 25 feet to the side or rear
property line. Truck traffic shall be
routed around and not through automo-
bile parking areas.
4. Loading:
a. An off-street loading facility shall
be provided with an area of not less
than 12 feet in width and 65 feet in
length, exclusive of aisles and maneu-
vering space. Such facility shall be at
the rear of principal structure and shall
be used exclusively for the loading and
unloading of merchandise. All such fa-
cilities. aisles and maneuvering space
shall be surfaced in the same manner
as that prescribed for parking areas.
5. Storage:
a. Merchandise of the type custom-
arily displayed outdoors for retail sale
may be so displayed beyond the con-
fines of the principal structure, provid-
ed that in no event shall the outdoor
display area exceed 20': of the ground
floor area of the principal structure.
Merchandise awaiting service or repair
shall be stored within an enclosed build-
ing or shielded from view at street lev-
el by a wall or fence not less than four
feet nor more than six feet in height.
11.09 Landscaping.
1. All exposed ground areas of a permit-
ted use which are not devoted to drives.
sidewalks. patios or similar uses shall
be landscaped with grass, shrubs.
trees. or other ornamental landscape
materials. which shall be kept neat.
clean. and uncluttered. No landscaped
area shall be used for the parking of
vehicles or the storage or display of
materials. supplies. or merchandise.
11.09 General Regulations.
1. Uses permitted in the C-3 Commercial.
Service Districts shall be subject to the
following conditions:
a. All business establishments shall
be retail or service establishments
which deaf directly with customers. All
goods produced oil the premises shall
be sold on the prerr;ses where pro-
duced-
b. All activities involving the produc-
tion. processing, cleaning, servicing.
testir% or repair of materials. goods or
products shall conform with the perfor-
mance standards established for the 1-1
Industrial District in Section 12 of this -.-
ordinance. provided that the perfor-
mance standards shall in every case be
applied at the boundaries of the lot on
which such activities take place. .
2. Additional regulations in the C-3 Com-
mercial Service District are set forth in
Section 19.
11.10 Boundaries of the C-2 Commer-
cial Service District.
The boundaries of the C-3 Commer-
cial Service District shall include the fol-
lowing described tracts and parcels of
land:
SECTION 12. I-1 INDUSTRIAL DIS-
TR ICT.
12.01 Purpose. The Council of the Vil-
lage of Chanhassen determines that its
goal in zoning is that all industrial uses be
established within Planned Industrial
Districts. The 1-1 Industrial District is
intended to provide a district which will
allow general industrial uses which do not
conform to the regulations of a Planned
Industrial District due to size. nature of
operations and land area.
12.02 Permitted Uses. Within an 1-1
Industrial District. no building or land
shall be used except for the following
uses:
1. Manufacturing. compounding, process-
ing. packaging. treatment. and assem-
bly of products and materials, but ex-
cludirg uses engaged principally in the
11
processing of used products or materi,
als and excluding the processing of
animals.
2. Research. testing and experimenta-
tion.
3. Offices.
4. Wholesaling and warehousing.
5. Buildings naterials sales and storage.
12.03 Accessory Lases. Within an 1-1
industrial District. the following uses
shalt be allowed as accessory to the per-
mitted use:
1. Subordinate uses which are cleariv and
customarily accessory to the permitted
use.
2.. Retail saiesor products manufactured
on tl-- site of the permitted use.
12.04 Conditloaal Uses. Within an I-1
Industrial District. the following uses
may be aIIowed. but only upon the secur-
ing of a Conditional Use Permit:
1. Airports and heliports.
Z Freight terminals.
3. Contractors' yards when conducted
entirely within fully enclosed struc-
tures or within a completely fenced
area.
4. Auto service stations. provided that
the minimum standards of Section 10.04
f 1l of this ordinance shall apply.
5. Parking ramps.
& Passenger facilities for mass transit
facilities.
12.05 Height. Yard. Area and Lot
Width and Deptb Regulations.
1. Front Yard Rr3al2t1oas:
a. There shall be a front yard having
a depth of not less than 30 feet. except
that a site facing on an R-lA. R-1. R-2-
R-3 or R4 Residential District .shall
have a front yardhaving a depth of not
les.&Ahan 100 fe•t.
b. Each building in excess of 45 feet
itoherght shall have a front yard having
a depth of not less than 30 feet plus one
foot of front yard for every foot in
height in excess of 45 feet
c. A Iot located at the intersection of
two or more streets shall have a front
yard depth of not less than the depth -
required under subsection 1 t a f and .1
tb► above.
2 Side Yard Regulations:
a. There shall be a side yard having a•
depth of not less than 25 feet, except
that a site adjoining any Residential
District shall have a side yard having a
depth of not less than 75 feet.
b. Every building in excess of 45 feet
in height shall have a side yard having a
depth of not less than 25 feet plus one
foot of side yard for every foot in height
in excess of 45 fret.
3. Rear Yard Regulations:
a_ There shall be a rear vard having a
depth of not less than 25 feet. except
that a site adjoining any Residential
District shall have a rear yard having a
depth of not less than 75 feet.
b. Each building in excess of 45 feet
in height shall have a rear yard having
a depth of not less than 25 feet plus one
foot of rear vard for every foot in
height in excess of 45 feet.
4. District Area ReRuiat 005:
a. Each 1-1 Industrial District shall
have- an area of not less than 5 acres-
---------------
4r
N i
e
t � I
o
.. ,t E�t�l L '•
Irr
r�
unless 'such district adjoins a C-3 Dis-
trict. a Planned Industrial District or
an 1-1 District.
12.06 Building Design and Constrpe-
Lion: Building design and construction
within an f•1 District shall be governed bv'
the provisions of Section 9.06 of this ordi-
nance. except as hereinafter set forth:
1. Accessory Buildings:
a. Set hack requirements established
for buildings in an I-1 District shall ap
ply to accessory buildings.
b. Exteriors of accessory buildings
shall have the same exterior finish as
the principal structure.
12.07 Performance Standards. Uses
which because of the nature of their oper=
ation are accompanied by an excess of
noise. vibration, dust. dirt. smoke. odor.
noxious gases, glare or wastes shall not
be permitted. These residual features
shall be deemed to be excessive when
they exceed or deviate from the perfor-
mance standards set forth in the follow-
ing specifications:
1. Noise:
a. Noise shall be muffled so as not to
become objectionable due to intermit-
tence- beat frequency. shrillness or in-
tensity. At the property line, the sound
pressure level of noise radiated from a
facility shall not exceed the values giv-
en in Table I herein. The sound pres-
sure level shall be measured with a
sound level meter and on an associated
octave band analyzer. both of which are
manufactured according to current
specifications prescribed by the Ameri-
can Standards Association. Measure-
ment shall be made using the flat net-
work of the sound level meter -
TABLE I.
Octave Band Frequency
Decibel
(Cycles per Second)
Level
20-
75
65
75-
ISO
60
150-
300
55
300-
600
46
600-
1.200
40
1.200-
2.400
34
2-400-
4.800
31
over 4.800
28
2. Vibration:
a. No activity shall at any time cause
earth vibrations perceptible beyond the
limits of the site of the permitted use.
3. Dust and Dirt, Smoke, Odor and Nox-
ious Gases:
a. Incorporation by Reference. A cer-
tain document, a ropy of which is on
file in the office of the Village Clerk.
marked"Official Copy -Village of Chan-
hassen" and designated as Air Pollu-
tion Control Rules. Regulations and air
Quality Standards, designated APC
Regulation 1.15. inclusive, adopted by
the :Minnesota Pollution Control Agen-
cv on Mav 11. 1969. filed with the Secre-
tary of State on July 3. 1%9. and the
Department of Administration on Juiv
7. 1969. together with the 1970 Supple-
ment filed with the Secretary of State
and Department of Administntion on
June 5. 1970, and all rules, regulations
and standards. amendatory thereof or
supplementary thereto are hereby
adopted for the purpose of establishing
the rules. regulations and air quality
standards governing the emission of
dust and dirt. smoke, odor and noxious
gases from an 1-1 Industrial District
use: and all of said rules. regulations
and air quality standards are hereby
referred to. adopted. incorporated by
--reference and made a part hereof as
though fully set forth in this ordinance.
4. Glare:
a. Glare. whether direct or reflected.
shall not be visible beyond the limits of
the site of the permitted use.
S Wastes:
a. All solid waste material and refuse
shall be- stored within a completeiv en-
closed structure or contained in a
closed container designed for such pur-
pose. All liquid wastes containing any
organic or toxic matter shall be
disposed of in a manner prescribed by
the Village Engineer. The Village Engi-
neer shall prescribe the manner of
sewage treatment and disposal in the
case of large volume water usage,
S. Compliance:
a. In order to assure compliance with
the performance standards set forth
above, the Village Council may require
the owner or operator of any permitted
use to make such investigations and
tests as may be required to show adher-
ence to above performance standards.
Such investigation and tests as are re-
quired to be made shall be carried out
by an independent testing organization
as may be agreed upon by the Village
and the owner or operator, or if there is
failure to agree within 10 days after
written notice by the Village to the
owner or operator of the requirement
to make such investigation and tests,
by such independent testing organiza-
tion as may be selected by the Council.
The costs incurred in having such in-
vestigations or tests conducted shall be
shared equally by the owner or opera-
tor and the Village, unless the investi-
gation -and tests disclose non-compli-
ance with the performance standards,
in which event the entire investigation
or testing cost shall be paid by the own-
er or operator. The procedure stated
above shall not preclude the Village
from making any such other tests and
investigations it finds appropriate to
determine compliance with these per-
formance standards.
12.08 Parking.
1. Spaces Required:
a. The minimum number of off-
street parking spaces required on the
building site for each of the following
permitted uses shall be:
!Manufacturing: One space for each
employee on the major shift. plus one
space for each company vehicle_
B. Research Laboratories: One space
for each employee on the major shift or
one space for each 500 square feet of
gross floor area, whichever is greater.
Offices: One space for each 200
square feet of gross floor area.
Warehousing and Wholesale: One
,ace for each 1.5 emplovees on the
.valor shift. plus one space for each
company vehicle.
Retailing: One space for each 1W
square feet of gross floor area or
fraction thereof.
Automobile Service Station: Three
spaces for each enclosed service bay
and one space for each employee per
shift.
2. Design and Construction:
a. The design and construction of off-
street parking areas in an 1-1 District
shall be governed by the provisions of
Section 9.07 of thisordinance.
3. Location:
a. The parking area may abut the
property line if the adjoining property
is zoned C-2- C-3 or 1-1- Parking areas
adjoining other districts shall not be
located closer than 25 feet to theside or
rear property line. Truck traffic shall
be routed around and not through auto-
mobile parking areas. .
4. Loading:
a. Loading facilities of sufficient size
and number to provide for the require-
ments of each use shall be provided on
the site of each principal use. the exact
size and number required to depend on
the nature of the principal use and type
of transport service used. but in no
event shall there be less than one truck
transport loading facility for each 50.-
000 square feet of building floor area or
fraction thereof. -
b. A loading facility shall include the
dock for loading and unloading, the
berth for the vehicle at the dock. and
maneuvering areas.
c. Off-street loading facilities shall
be designed in area not less than 12 feet
in width atld 55 feet in length, exclusive
' bf aisles and maneuvering space. all
such space shall be in the rear of princi-
pal structure and shall be used exclu-
sively for the loading and unloading of
merchandise. All such facilities includ-
ing their related aisles and maneuver-
ing space shall be surfaced in the same
manner as that prescribed for parking
areas.
IL09 Landscaping.
!. All exposed ground areas of a permit-
ted use which are not devoted todrives. -
sidewalks, patios or similar uses shall
be landscaped with grass, shrubs,
trees, or other ornamental landscape
materials. which shall be kept neat,
clean- and uncluttered. No, landscaped
area shall be used for the parking of
vehicles or the storage or display of
materials, supplies, or merchandise.
!. The landscaped area of a zordng lot in
an I-1 District shall total not less than
-agree• or 15" of the area of Lie zoning
lot. - .
12.10 Outside Storage.
All outside storage areas shall be, en-
closed by a screen wall fence of not less
than 10 feet in height. Said screen wall
fence shall be IW'-f opaque and shall b&
so designed and constructed as to be
architecturally harmonious with the
principal structure. A screen planting
or other method of screening may be
14
substitutes for the screen wall fence at
the discretion of the Council. provid,
from the interior of the building and
ed schedule and sequence of dWl-
however, that any such screen plant
have no advertising or display which is
visible from the outside.of the building..
o mm 1i
b. ►w tl in 14 days after the submis-
shall fulfill the foregoing height ana
opacity requirements throughout each
and which facilities are provided pri.
sion of the proposed preliminary devel-
season of the year within 24 months
marilv for the residents of the building.
14.05 Procedure for P-1 Planned Resi.
opment plan the Zoning Administrator
shall review the proposed plan. and
after date of planting.
12.11 General Regulations.
dential Development District Zoning,
Platting and Development.
may schedule meetings with the appli-
cant for the purpose of presenting his
I. Additional regulations in the I-1 Indus-
trial District are set forth in Section 19.
1. Ownership and Unified Control:
findings or recommended modifica-
12.12 Boundaries of the I-1 Industrial
a. land proposed to be developed as
a P-1 Planned Residential Develop-
tions. The Zoning Administrator shall
either* grant preliminary approval of
District. The boundaries of the 1-1 Indus-
trial District shall include the following
ment District shall be under single
the proposed plan as submitted. or
described tracts and parcels of land:
ownership or unified control. The own-
grant preliminary approval subject to
SECTIO:ti 13. 1 Reserved for future use
er or controlling entity shall hereinaf.
ter be referred to as the applicant. Cen-
specified modifications. or deny pre-
liminary approval of the proposed plan
SECTION 14. P-1 PLANNED RES1-
tralized management shall be a desired
stating reasons for the denial.
DENTIAL DEVELOPMENT DISTRICT.
characteristic of a P-1 District.
c. If the proposed preliminary devel-
14.0I Objectives. The Village being
2. Sketch Plan:
opment plan is denied or approved with
confronted with increasing urbanization
a. The applicant Prepare a
conditions with which the applicant
and acknowledging that technology of
sketch plan of the proposed develop•
does not agree. the applicant may re -
land development and demand for hous-
en view by the Planning Com-
quest that the proposed plan be Por-
ing are undergoing substantial and rapid
mission. Such sketch plan will be con-
yarded to the Planning Commission for
changes. intends:
sidered as having been submitted for
its consideration.
1. To provide the means for greater crea-
iQLWal discussion between the appli-
4. Preliminary Development Plan:
tivity and flexibility in environmental
cant and the Planning Commission.
a. A preliminary development plan
d_ 51n an is prornded under the strict
b. Submission of a sketch plan shall
shall be submitted to the Planning
application of the zoning and subdivi-
not constitute formal filing of an appli-
Commission together with an applica-
sion ordinances without compromising
cation for development of a P-1 Dis-
tion for rezoning within 45 days from
the health. safety. order, convenience
trict. On the basis of the sketch plan,
the date of the decision by the Zoning
and general welfare of the Village and
the Planning Commission may infor-
Administrator on the proposed plan.
its residents:
mally advise the applicant of the extent
b. The preliminary development plan
2. To encourage the more eI iciest alto-
to which the plan conforms to the Com•
shall conform to and include all of the
Cation amd innnva ive use of common
prehensive Village Plan and the stand•
information required under Subsection
Qpen space adjoining residential build-
—order
ards of this and other ordinances of the
3 of Section 14.05 of-fhi or inane, a
tags in that greater opportunities
ViIIage. and may discuss possible modi-
such additioeal"information requested
for better housing and recreation may
Ccations necessary to implement ap-
by the,26iiing Administrator- In addiK
be extended to the residents of the Vil-
-- proval of the plan.
doq, -tire following shall be required: 1 i
lage:
3. Proposed Preliminary Development
detailed drawines of ]aril uses shows g
3. To provide for the establishment of
P12n-
/p ed bmldines ear y�nd aarag-
regulations and procedures for planned
- a. lrior to the submission of an ap-
inQ arrangement. common n n Dace
residential district development de-
plication for caz9 ing, the following i areas_ recreation improvements and -
signed to meet the need for moderate
documents• which in their entirety
sstrum_i Jres. and open s�ace�md
and low cost housing, including a uti-
shall constitute a proposed relimi
u
lization of preconsiructed and press-
�., na ��vaT�on rru
a
development Dian, shall be sled with proposed r..�
sembied dwelling units of a permanent
the Zoning Administrator: '
structures an uildings except de-
nature without sacrificing quality con-
tli Mails aud drawing which may be
Cached single family dwelines, i a
struction and assembly standards and
nem is ionand
perspective drawing or model which i
tax base: and
showing: a► enoug a are Clearer ,v snows a architectural style of _
4. To provide administrative org= fur s
surroundiingthero proposed dev p�
t ve.opment- 4► propo agree-
whic can re ate a planned develop-
meet to -demonstrate the relation
meets, provisions or covenants regulat- -
ment district to a particular site and
ship of the planned development to'
ing the establishment. use. mainte- ,
which may encourage the disposition of
adjacent uses. bi proposed land
nance and continued stability of the'.
planned development district proposals
§=. area. pii�'o ula ion es S�
planned of
and any of its
without undue delay.
and la"use intensities or each
common open space areas. S►
1 .0*2 ermitt ses. Within a P-1
area ofTnd included in the pro-
ule showing estimated progressio�.o(,
Planned Residential Development- Dis-
trict.
posed development, cl exi!g
deve�m?n .
CommissiorysltalI
no building or land shall be used
topography. d► existing tree cover.
c:. ine anning
except for the following ase:
buildings. streets an o er site
conduct- cordance
1. Single family dwellings,
imp�ov_et�ieAis. e► proposed access
with the provisions c this ordinance to
2—Two family dwellings.
system. indicating bo pu i afl
consider for approval or--disapproval3.
Multiple dwellings.
pr-M=e streets. f► common ooea
the application for rezoning and the
4. Townhouses.
space and public uses. including
preliminary development plan. At the
14.03 Accessory Uses. Within a P-1
sc if oo�s pa�tr'-rbcreation areas
conclusion of such hearing the Planning
Planned Residential Development Dis-
and undeveloaed properties, gi the
Commission shall make its recommen-
trict. the following uses shall be allowed
architectural style of each differ-
dation to the Village Council which may
as accessory to the permitted use:
en type o ui ing,
include the following: 1 i approval or
I. Subordinate uses which are clearly and
t 2 i A written re or or statement
disapproval of the rezoning application.
customarily accessory to the permitted
whit s a inc u e a ► the nature of
2► approval of the preliminary develop -
use. -
the appiicant's ownership or con-
ment plan. 3► disapproval of the prelim-
14.04 Conditional Uses. Within a P-1
trol in the land proposed to be de-
inary development plan stating reasons
Planned Residential Development Dis-
veloped. b i a description of the
for the disapproval. 4 i approval of the
trict. the following uses may be allowed.
but only upon the securing of a Condition-
type of proposed development. in-
eluding population ensities and
preliminary development plan subject %
to specified modifications and condi-
al Use Permit:
land use intensities, c i requested
tions. ;
1. Retail shops and restaurants situated
L modification in the requirements
d. The Planning Cmmi3sion shalt
entirely within a multiple dwelling
of this ordinance otherwise applic-
recommend a written time schedule for
building, and which are accessible only
able to the property. d i the expect-*
development. and shall specify a time
litTk within which a final development
p �an of all units wit ,m the project shall
-De fiiwi t e on► nis rator
for submission to the Planning Com•
mission and the Village Council.
e. The Village Council may l) ap.
prove the preliminary development
plan and application for rezoning. 2)
disapprove the preliminary develop-
ment plan and application for rezoning
stating reasons for the disapproval. or
3) approve the preliminary develop -
men pan an a ica r r ing
s ec o seer► d
con itr•,
5. inaF 1 Development Plan:
a. A final development plan shall be
filed with the Zoning Administrator to
be submitted to the Planning Commis-
sion and the Village Council within the
time limit specified by the Planning
Commission as provided in subsection
4d. above.
b. The final development plan sha)
clude the following: IL preliminary
lat in accordance with the applicabl
revisions of Ordinance 33. Chanhassen
ubdivision Ordinance, including
agreements, provisions. covenants and
specifications required for approval of
the final development plan. 2) final
building drawings and specifications. -I)
final site plans including a landscape
schedule. 4) engineering plans and re-
ports as required by the Council. 5) and
other information or documents re-
quired by the Council for the approval'.,
of the final development plan including
a planned unit development contract
and any bonds. deposits of money or
urity.
-e, Approval of the final development
V he proposru e,e,,p,ent is not is ebtt=
flirt yci the Comprehensive Village
Plan 2) he proposed development is
7 des ig to such a manner as to form a
desirable and unified a ronment
within its own boundaries( 3) a pro-
posed uses will not be detrifnental to
present and fu eland uses in the sur-
rounding areat ) any exceptions to the
zoning and su tvision ordinances are
justifi by the design of the develop-
ment 5) the planned development is of
sufficient size, composition and ar-
rangement that its construction and
operation is feasible as a complete unit
Wittig) dependence upon any other
unit. 6) the planned development will
not create an excessive burden on
parks. schools. streets and other public
facilities and utilities which V
ro-
posed to serve the developmenthe
planned development will not an
adverse impact on the reasonable- en-
joyment of neighboring property.
The Village Council may 1) ap•
prove the final development plan. 2)
disapprove the final development plan
stating reasons for the disapproval. or
3) a prove the final development plan
subjec o specified moth )cations and
n
approved. the final development
plan shall be filed in the office of the
,.Zoning Administrator.
14.06 Revisions and Cbanges.
1. Minor Changes: Minor changes in the
placement and height of buildings or
structures may be authorized by the
Zoning Administrator if required by
engineering or other circumstances not
foreseen at the time the final develop-
ment plan was approved. Any such au-
thorization shall be in writing and filed
in the office -of the Zoning Administra-
to .
2. meodments: Changes in uses. any re-
arrangementt of lots. blocks. or building
tracts. any changes relating to common
open space areas. and all other changes
in the approved final development plan
may be made by the Village Council
only after a public hearing by the Plan-
ning Commission and the submission of
its recommendations thereon to the Vil-
lage Council. No amendments may be
made in the approved final develop-
ent plan unless they are found to be
required by changes in conditions
which have occurred subsequent to
pproval of the final development plater
or by changes in the dgvelo2ment poli-
cyof All such changes shall
sled in the office of the Zoning Ad-
ministrator as amendments to the final
1TYi l ADOU2I Review.
1. Planning Commission Review. The
Planning Commission shall review all
Planned Unit Development Districts at
least once each year and submit a re-
port to the Village Council on the status
of development.
2. Village Council. action: If the Village
Council finds that development has not
occurred within a reasonable time af-
ter approval of the final development
plan . the Village Counci may instruct
the Planning Commission to initiate
rezoning to the original zoning district
by removing the Planned District zon-
Design and Construe -
Lion.
1. Multiple Residence Building: Within a
P-1 District. building design and con-
struction for a multiple residence build-
ing containing more than 12 dwelling
units. and buildings accessory thereto.
shall be governed by the provisions of
Section 8.06 of this ordinance.
14.09 Common Open Space.
1. The establishment, use. maintenance
and disposition of Common Open Space
areas within a P-1 District shall he
goverened by the provisions of Section
21 of this ordinance.
14.10 General Regulations.
1. Additional regulations in the P-1 Plan-
ned Residential Development District
are set forth in Section 19.
14.11 Boundaries of the P-1 Planned
Residential Development District. The
boundaries of the P-1 Planned Residential
Development District shall include the
following described tracts and parcels of
land:
SECTION 15. P-2 PLANNED UNIT
DEVELOPMENT DISTRICT.
15.01 Objectives. The P-2 Planned
Unit Development District is intended to
p Je a district appropriate for high
density residential uses and office build-
ings for administrative. financial and pro-
fessional uses, particularly in transition-
al situations between business or industri-
al districts and residential districts -
It is further i{ttended.that to the extent
reasonably possible the- P-2 District be
characterized by central management.
integrated airchitectural design of build-
ings, joint or common use of parking and
other similar facilities and a harmonious
selection and efficient distribution of
permitted uses within the district.
15.02 Permitted Uses. Within a P-2
Planned Unit Development District, no
building or land shall be used except for
the following uses:
1. Single family dwellings.
2. Two family dwellings.
3. Townhouses.
4. Multiple dwellings.
5. Administrative offices.
6. Medical. dental. legal and similar pro.
fessional offices.
7. Financial institutions.
8. Restaurants.
9.. Theaters, not including •'drive-in'
type.
15.02- Accessory Uses. Within a P-2
Planned Unit Development District, the _
following uses shall be allowed as acces-
sory to the permitted use:
I. Subordinateuses which areclearly and
customarilyaccessury to theperr&tted
use.
15.04 Procedure for P-2 Planned Unit
Development District Zoning. Platting
and Development-
L Zoning. Platting and Development:
a. Procedures for the zoning, platting
and deent of a P-2 District shall
ve pm
be governed by the provisions of Sec*
"Iions AA5 to 14m inclusive of this ordi.
nance.
15.05 Building Design and Construe.
tion.
1. multiple Residence Buildings: Within
a P-2 District. building design and con- , J
- struction for multiple residence build- Lr
ings. and buildings accessory thereto,
shall be governed by the provisions of
Section 8.06 of this ordinance.
2. om ercial Buildings: Within a P-2
District, building design and constrnc--
tion for all buildings other than multi.
ple residence buildings shall be gov-
erned by the provisions of Section.9.06
of thisordinance.
IS.06 Land Use Intensity.
1. Commercial Buildings: With a P-2 Dis-
trict not more than 30r; of the lot area
shall be occupied by buildings.
15.07 Common Open Space.
1. The establishment, use, maintenance
and disposition of Common Open Space
areas within a P-2 District shall be
governed by the provisions of Section 21
of this ordinance.
IS.08 General Regulations.
1. Additional regulation in the P-2 ?fan-
ned Unit Development District are set
forth in Section 19.
15.09 Boundaries of the P-2 Planned
Unit Development District. The bounda-
ries of the P-2 Planned Unit Development
District shall include the following de-
16-
• II
scribed tracts and parcels of land: /ned CommunityllDe elopment Distri( sembled on said premises: provided
SECTION 16. P-3 PLANNED C019. ;_ ✓ are set forth in S �ctit n 19.
LAITY DEVELOPMENT DISTRICT. 16.09 Boundaries o the P-3 Planned shall othowever-comprithat se an area grel outside ater er than
16.01 Objectives. The P-3 Planned Community Deveioprs�>nt District. The thefioorarea of theprincipalstructure
Community Development District is in boundaries of the EP-3 IPaanned Commu• on the permitted use, and shall be en -
tended to provide a pre -planned develop- nity Development isirict shall include closed by a screen wall fence of not less
meat of highdensit} residential uses, of- the following described tracts and parcels than 101feet in height. Said screen wail
(ice buildings for administrative. finan- of land. fence shall be 100' opaque and shall be
cial and professional uses, and industrial SECTION 17. Pa PLANNED INDUSTRI- so designed and constructed as to be
uses complying with the standards of the ALDEVELOP11ENTDISTRICT. architecturally harmonious with the
P-4 Planned Industrial Development Dis- 17.01 Objectives. The P-4 Planned principal structure. A screen
lanting
trict. It is further intended that to the Industrial Development District is in- may be substituted for thecreen wall
extent reasonabl' possible the P-3 Dis- tended to provide a planned industrial fence at the discretion of the Council:
trict be characterized by central manage- development district of high quality with provided however, that any such screen
ment. integrated architectural design of regulations, controls and standards for planting shall fulfill the foregoing
buildings. joint or common use of parking the orderly development and mainte- height and opacity requirements
and other similar facilities and a harmo- nance of permitted uses therein which . throughout each season of the year
nious selection and efficient distribution will be complementary to and compatible within 24 months after date of planting.
Of permitted uses within the district. with the predominantly suburban -rural 4. Office and administrativefacilities-
16.02 Permitted Uses. Within a P-3 character of the Village, and which will 5. Shipping and receiving spaces and
Planned Community Development Dis• insure to the owners and occupants of . mailing and order pick-up facilities.
trict. no building or land shall be used permitted uses the full use, benefit and 17.04 Procedure for P-1 Planned In -
except for the following uses: prestige of a planned industrial district of dustrial Development District Zoning, I. Multiple dwellings containing not less exemplary standards in selected areas Planning and Development
than twelve•(12) dwelling unim deemed especially adapted by reason of L Zoning, Platting and Development„
2. AdministraLive offices. surroundings, transportation facilities a. Procedures for the zoning, plat-
3. Medical, dental, legal and similar pro- and other facts to such land use to enable ting and development of a P� District
fessional offices. such a district to make a fair and continu- shall be governed by the provisions of
4. Financial institutions. ing contribution to the general welfare of Sections 14 45 - 14 07 inclusive of this
5. Restaurants. the Village and its neighboring communi• ordinance.
6. Theaters ties 17.05 Building Design and Construe 7. Industrial uses complying with the It is further intended that to the extent Lion. Building design and construction
standards of the P-4 Planned Industrial reasonably possible the P-4 District be within a P4 District shall be governed by
Development District. characterized by central management the provisions of Section 9.06 of this ordi-
16.03 Accessory Uses. Within a P-3 and a harmonious selection and efficient nance. except as l ereeinafter setforth:
Planned Community Development Dis- distribution of permitted uses within the 1. Accessory Buildings.
trict. the following uses shall be allowed district. a. Exteriors of accessory buildings
as accessory to the permitted use: 17.02 Permitted Uses. Within a P-4 shalt have the same exterior finish as
1. Subordinate uses which are clearly and Planned Industrial District, no building or the principal structure -
customarily accessory to the permitted land shall be used except for the following 17.06 Performance Standards Uses
use. uses: which because of the nature of their oper-
16.04 Procedure for P-3 Planned I. Manufacturing. compounding, process- � atior=aTe accompanied by an excess of
Community Development Di-itrict Zon. ing. packaging, treatment and assem noise. "iibration. dust, dirt, smoke, odor.
ing. Planning and Development- bly of products and materials, but cx%- noxious gases. glare or wastes shall not
�. Zoaing,Plattingand Development: ciuding uses engaged principally in the be permitted. These residual features
a. Procedures for the zoning. platting processing of used products or materi- shall be deemed excessive when they
Vand development of a P-3 District shall als and excluding the processing of 'exceed or deviate from the performance
i be governed by the provisions of Sec- animals. standards established in Section 12.47 of
llions 14.05 to 14.07 inclusive of this ordi- 2. Research, testing and experimenta. this ordinance for the I-1 District. and the
nance. tion. performance standards and procedures of.
16.05 Building Design and Construc- 3. Offices. said Section 12.07 shall beapplied in every
tion. - 4. Wholesaling and warehousing of non- case to uses within a P-4 District.
I. Multiple Residence Buildings: Within a perishable products not manufactured 1%07 Common Open Space.
P-3 District. building design -and con. on the premises of the permitted use, 1. The establishment. use, maintenance
struction for multiple residence build- provided such products are the proper- and disposition of Comm n ings, and buildings accessory thereto. tv of or consigned to the owner of the areas within a P �str�ct shalN
shall be governed by Section 8.06 of this permitted use or a lessee thereof, and governed by the provisions of Section21
ordinance. provided further that the owner or les- of this ordi na nce-
2. Commercial and Industrial Buildings: see of the permitted use does'not estab• 17.08 General Regulations.
Within a P-3 District. building design lisp said use as a freight terminal oper- 1. additional regulations in the P-4 Plan -
and construction for all buildings other ation. ned Industrial Development District
than multiple residence buildings shall 17.03 accessory Uses. Within a P-4 are set forth in Section I9
be governed by the provisions of Sec- Planned Industrial Development District. 17,09 Boundaries of the P4 Planned
tion 906 f this ordinance- the following uses shall he allowed as Industrial Development District.
16,0nd Use Intensity. accessory to the permitted use: The boundaries of the P-t Planned
L Commercial and Industrial Buildings: 1. Subordinate uses which are clearly and industrial Development District shall in -
Within a P-3 District. not more than customarily accessory to the permitted clude the following described tracts and
30", of the lot area shall be occupied by use. parcels of land:
buildings. 2. Personnel service facilities providing SECTION 18. F-1 FLOOD PLAIN &
16.07 Common Open Space. personal services, education. recrea- WATERCOURSE DISTRICT.
I. The establishment, use. maintenance tion. food and convenience goods to 18.01 Purpose. The Flood Plain 5r and disposition of Common Open Space only those personnel employed on the Watercourse District is established in the
areas within a P-3 District shall be permitted use. public interest to protect persons and
governed by the provisions of Section 21 3. Warehousing and outside storage of property from the hazards of flood water
of this ordinance. " raw materials, supplies and equipment inundation and soil erosion, and to protect
16.08 General Regulations. used on the premises of the permitted the natural resources of the Village in -
I. Additional regulations in the P-3 Plan- use. and products manufactured or as- ciuding the lakes, wetlands. marshes and
17
natural watercourses from land uses in.
comp'atible with the interests of the pub•
lic in preserving these amenities in their
natural state for the public good. In addi-
tion to foregoing general purposes, it is
the specific intent of this ordinance to:
1. Reduce danger to persons and property
by preventing land changes which could
create conditions conducive to soil ero.
sion.
2. Encourage land uses which will not
impede the flow of flood water or cause
danger to persons or property.
3. Encourage land uses compatible with
the preservation of lakes, marshes,
wetlands and watercourses in their
natural state.
4. Protect the natural water resources by
the elimination of sources of pollution
and sedimentation.
18.02 Definitions. For the purposes of
Section 18,- the terms defined herein have
the following meanings:
1. "Regional flood" means a flood which
is representative of large floods known
to have occurred in the Minnesota Riv-
er Valley and reasonably characteristic
of what can be expected to occur on an
average frequency.
2. "Flood plain" means the areas adjoin-
ing a watercourse which has been or
hereafter may be covered by a flood.
13.03 Permitted Uses. Within an F-1
Flood Plain & Watercourse District no
land shall be used except for the following
uses:
1. Grazing of livestock.
2. Recreation.
3. Farming and truck gardening involv-
ing cultivation of land only, and the
growing and preservation of trees and
nursery stock.
19.04 Itegvlatioos. Within an F-1 Flood
Plain & Watercourse District the follow-
ing regulations shall apply:
1. No rew structures shall be erected
within an F-1 District after the effec-
tive date of this ordi ranee.
Z No major alteration of a structure in
existence on the effective date of this
ordinance shall be permitted within an.
F-1 District after the effective date of
this ordinance- As used herein,. major
alterations of existing structures shalt
not include repair and maintenance.
3. No filling, excavating, grading; dump-
ing. nor the clearing of trees or natural
vegetation shall be permitted in an F-1
District without specific written ap-
proval in the.form of a permit issued by
the cou nci 1.
4. No use of land within an F-I District
shall be permitted which unduly re-
stricts the capacity of the flood plain to
carry and discharge a regional flood.
18.05 Geaer2i Regulations.
1. Additional regulations in the F-I Flood
Plain & Watercourse District are set
forth in Section 19.
13.06 Boundaries of the F-1 Flood
Plain & Watercourse District.
The boundaries of the F-1 Flood Plain
& Watercourse District are as shown on
that certain map entitled "Chanhassen
Flood Plain & Watercourse District
Map," dated Feb. 7. 19M. on file in the
office of the Village CIerk. Said map and
all notations. references and data shown
'hereon are hereby incorporated by refer -
nee into this ordinance and shall have
the same force and effect as if fully set
forth and described herein. It shall be the
responsibility of the Zoning Administra-
tor to maintain said map, and amend-
ments thereto shall be recorded on said
map within thirty (30) days after official
publication of such amendments.
SECTION 19. GENERAL REGULA-
TIONS.
19.01 Regulations and Interpretations.
The regulations, interpretations, modifi-
cations and exceptions set forth in Section
19 shall apply to all districts unless other-
wise specified.
19.02 Signs.
1. The use and display of signs, devices
and symbols of visual communication
in all districts shall be governed by the
provisions of Chanhassen Ordinances
No. 36. 36-A and 36-B, and every provi-
sion contained in said ordinances are
hereby adopted and made a part of this
ordinance as if fully set forth herein.
19.03 Yards.
I. For the purpose of computing front,
side and rear yard dimensions, mea-
surements shall be taken from the
nearest point of the wall of the building
to the street right-of-way line, the side
lot line, or the rear lot line, respective-
ly, subject to - the following
modifications:
a. Cornices, canopies, eaves and bay
windows may extend into the required
yard a distance not exceeding 3 feet.
b. A wall, fence or hedge may occupy
part of the required yard except that no
wall or fence more than 8 feet high.
except a retaining wall, shall be con-
structed only upon the securing of a
Conditional Use Permit, and the re-
quired front yard of a corner lot shall
be unobstructed above a height of 3 feet
in a triangular area two sides of which
are the lines running along the street
lines between the street intersection
and a point 15 feet from the intersection
and the third side of which is the line
between the latter two points.
2. The required front yard of a corner lot
shall not o:ontain any wall. fence, or
other structure, tree, shrub, or other
growth which may cause danger to
traffic on a street or public road by
obscuring the view.
19.04 Accessory Buildings,
1. An accessory building attached to the
main building shall be made structural-
ly a part of the main building and shall
comply in all respects with the require-
ments of this ordinance applicable to
the main building. An accessory build-
ing. unless attached to and made a part
of the main building shall not be closer
than 10 feet to the main building.
2. A detached accessory building shall
not be located in any required front or
side yard.
3. Within the R-3 and R4 Residence Dis-
tricts accessory buildings shall observe
the same setback requirements estab-
lished for the multiple residence build-
ing except accessory buildings located
within the rear yard of the multiple res-
idence building may be located to with-
10 feet of the rear or interior side
bperty line. The Council may require
common walls for accessory buildings
where common walls will eliminate
unsightly and hazardous areas.
19.05 Height.
I. Where the 11verage slope of a tot is
greater than one (1) foot rise or fall in
seven (7) feet of horizontal distance
from the established street elevation at
the property line, one (1) story in addi-
tion to the number permitted in the dis-
trict in which the lot is situated shall be
permitted on the down -hill side of any
lot.
2. Towers, antennas. spires. penthouses.
scenery lofts, cupolas, water tanks.
similar structures and necessary me-
chanical appurtenances may be built
and used to a greater height than the
limit established for the district in
which the building is located only upon
the securing of a Conditional Use Per-
mit.
19.06 Landscaping.
1. All landscaped areas shall be main-
tained in an attractive and well kept
condition.
19.07 Swimming Pools.
1. Private swimming pools located on the
site of multiple family dwellings which
are intended for and used solely by the
occupants of multiple dewllings shall
comply with the following regulations:
a. No part of the. water surface of a
swimming pool shall be less than ftlty
(50) feet from any lot line.
b. No pump, filter or otherapparatus
used to service a swimming pool shall
be located less than fifty 150► feet from
any lot•iiner..,'
c:: The swimming pool area shall be
adequately fenced to prevent uncon-
trolled access from the street or adja-
cent property.
19.09 Automobile Service Stations.
1. No automobile service station. public
garage or gasoline distributing station
shall be located within three hundred
t300► feet of a school, church, hospital.
or other public meeting place having a
seating capacity of more than 100 per-
sons.
2. No automobile service station on a site .
within three hundred I300► feet of an R-
1, R-2, R-3 or R-4 Residential District
shall be operated between the hours of
12:01 a.m. and 6:00 a.m.
19.09 Basement Homes.
1. Basement homes are prohibited in all
districts.
19.10 gloving. Alteration or Wrecking
of Structures.
1. Buildings or structures moved into or
within the village shall comply with the
provisions of this ordinance and the
Chanhassen Building Code for new
buildings or structures.
2. No person, firm, or corporation shall
erect. construct. enlarge, alter, repair.
move, improve. remove, convert, or
demolish any building or structure in
the village, or cause the same to be -
done, without first obtaining a separate
building permit for each such building
or structure from the Village Building
Official.
18
19.11 Projecting and Roof `lour' -d
uses of land or buildings which become
non -conforming by reason of subsequent
20.D6 Normal Maintenance. Mainte-
lance, necessary non-structural repairs.
1All rent.
1. All roof mounted equipment steal► ve
amendments of this ordinance shall also
be discontinued within a reasonable peri-
,nd incidental alterations of a building or
structure containing or used as a notes
screened from the public view at street
od of amortization of the building.. The
conforming use are to be permitted pro.
level.
2. Air conditioning or heating units
period of amortization shall commence
the date of this ordinance
vided'that any such maintenance, repairs
or alteration does not extend, enlarge, or
projecting through exterior walls or
windows shall be so located and de-
with effective
and shall extend for a period of not more
eensify thte non -conforming building or
intensify
signed that they neither unnecessarily
generate or transmit sound or disrupt
than:
1. Fifteen 15 years for buildings of
20.07 Public Utility I3uilding ' s. Este 1'
Lions. Municipally owned utility buildings
the architectural amenities of the
wood frame construction.
2. Twenty 120i for buildings of
and structures to be used for purposes of
building. Units projecting more than 24
inches beyond the exterior finish of a
years
wood and masonry construction.
3. Thirty 130i years for buildings of fire
rendering service to the community. and
not for warehouse purposes or for the
building wall shall be permitted only
with the written consent of the Village
proof construction.
storage of bulky materials, when the
Council shall deem them to be clearly
Building Inspector.
19.12 Transmission Lanes.
4. Dwellings found to be non -conforming
only by reason of height. yard, or area
necessary for the public convenience.
may be in any district. Such
1. Within all districts the establishment,
requirements shall be exempt from the
other continuation provisions of this
permitted
variation from the height and area dis-
construction, maintenance and use of
ordinance.
trict regulations may be allowed for such
overhead or underground transmission
lines. conduits or pipelines for the
5. Any building or use partially taken by
building or structures by the Council as it
transporting or transmission of gas. ail.
public action under eminent domain
deems necessary.
petroleum, solids, liquids or high vol-
proceedings• which building or use is
SECTION 21. CONEMON OPF_N SPACE.
"Common
tage electrical energy is prohibited,
thereby made non -conforming may
21.01 Definition. Omen
r�
except upon the securing of a Condition-
al Use Permit-
continue.
20.02 Enlargement or Alteration. No
Space" is a parcel or ^ar A , --gin
area of water, or a combination of land
19.12-t?lnnaed trait n.veloQment Re- WNW
non -conforming use shall be enlarged,
and water within a
ned nit Develo ment District_ and
ts.
and developments and all
altered or increased, or occupy a greater
area than that occupied by such use on the
designed and inter or the use ar Pn-
•ovment
tions for rezoning which contain
7inexcemof 25 single family zoning lots.
effective date of this ordinance or any
amendment thereto. A non -conforming
t
ent District. Common openxcess
of 24 multiple dwelling
use shall not be moved to any other part
space may contain sue complementary
r in excess of 10 acres fc o-
of the parcel of land upon which the same
structures. and improvements as are nec-posecommercia
essary and appropriate for the benefit and
or inoustri
shaT(be"w�i-mitt asolaaWd
was conducted. If no -structural altera-
tions are made, a non�ronforming use of a
enjoyment of occupants of the Planned
_proposed
unit developments and sit M ov-
building may be changed to another non-
Unit Development District-
21.02 Dedication of Common Open
er�'�' gu ons ereoi.
1 aim bTri�nd� •
conforming use of the same or more re-
stricted classification. Whenever a nod-
Space. The Village may, at any time and
I'
tots. parcels or tracts of land deemed
conforming use of a building has been
from time to time. accept the dedication
by the Council to be uninhabitable shall
changed to a more. restricted use or to a
of land or any interest therein for public
maintenance, but it shall not be
not be utilized for residential use. nor
conforming use. such use shall not there-
use and
-aned
for such other uses as may endanger
after be changed to a less restricted use.
condition of the aoorov
life or property 4r the public health and
20.03 Restoration. Anv building locat-
Unit D"eiielopment istrict th ro-
welfare or create or aggravate a flood-
ed in any district which is partially de ;,pos asi
erosion or water pollution hazard, but
stroyed by any cause may be restored tc
spat--e 5e �edieat . nr ...�va�u�lo-tc
such land within a zoning district shall
be set aside for such uses as shall not
its former use and physical dimensions:
provided that any. such building which
PuL1�.1sA
ZI.03 Non. Common Open
create or contribute to any of the fore-
does not conform to the use, height and
Space. The ownership and maintenanceof
going conditions.
other restrictions of the district in which
non -dedicated common open space shall
19.15 Zoning Lot Limitation.
be
it is located and is thus destroyed, accord-
be governed by the following regulations:
1. Ownership. The legal or beneficial
1. Only one principal structure shall
permitted on each zoning lot.
ing to the estimate of the Council or some
official designated by itl to the extent of
owner or owners of all of the land pro-
19.16 Outside Storage in Residential
fifty i5Q► per cent or more, may not be
posed to be included in a Planned Unit
Districts.
rebuilt or reconstructed except in accord-
Development District shall provide for
1. Outside storage of recreational equip-
' ante with such restrictions.
the establishment an organization for
ment is prohibited in the front and side
20.04 Termination of Use. In the even)
the ownership and maintenance of any
vards in all residential zoitiagdistricts.
a non -conforming use is discontinued for
non -dedicated common open space, and
unless screened by fencing.
a period of one 111 year, or if a non -con-
such organization shall not be dis-
solved, nor shall it dispose of any such
2. All outside storage structures in rest.-
dential zoning districts shall be archi-
forming use is replaced by a conforming
use, any subsequent use of the premises_
common open space, by sale or other-
tecturally harmonious with the princi-
shall be in conformity with the use regula-
lions specified for the district in which
wise, except to an organization con -
ceived and established to own and
pal structure.
19.17 Certificate of Occupancy.
such use is located.
Yards. No junk yard may
maintain the common open space. with-
out first offering to dedicate the same
1. The certificate of occupancy. required
by the Chanhassen Building Code. Ordi-
20.05 ,funk
continue as a non -conforming use for
to the Village or other government
nance No. 23. shall be issued only for a
structure which complies with all ap-
more than one 11► year after the effective
date of this ordinance, except that a junk
agency.
2. Maintenance. In the event that the
plicable provisions of this ordinance
yard may continue as a non -conforming
organization established to own and
and said building code.
use in an 1-1 District if within that period
it is completely enclosed within a build-
maintain common open space, or any
successor organization, shall at any
SECTION 20. NON -CONFORMING
ing. fence, screen planting or other device
time after establishment of the Plan-
USES.
28.el Continuation. The lawful use of
of such height, not less than eight 181 feet
in so as to screen completely
ned Unit Development District fail to
maintain the common open space in
buildings or land existing at the effective
date of this ordinance which does not con-
any case,
the operations of the junkyard. Plans for
reasonable order and condition !n ac-
with the Development Plan,
form to the provisions of this ordinance
be discontinued within a reasonable
such building or screening device shall be
approved by the Council before it is erect-
cordance
the Village may serve written notice
shall
period of amortization of the building, and
ed or put into place.
upon such organization or upon the oc-
19
cuparbts of the Planned Unit Develop.
ment District setting forth the manner
in which the organization has failed to
maintaia the common open space i
reasonable condition, and said notic
shall include a demand that such defi
ciencies of maintenance be cured with-
in thirty days thereof, and shall star
the date and place of a hearing thereo
which shall be held within fourtee
days of the notice. At such hearing th
Village may modify the terms of the
original notice as to the deficienci
and may give an extension of time with-
in which they shall be cured. 1f the de-
ficiencies set forth in the original no-
tice or in the modifications thereof
shall be cured within said thirdy days
or any extension thereof, the Village. in
order to preserve the taxable values of
the properties within the Planned Unit
Development District and to prevent
the common open space from becoming
a public nuisance, may enter upon said
common open space and maintain the
same for a period of one year. Said en-
try and maintenance shall not vest in
the public any rights to use the -common
open space except when the same is
voluntarily dedicated to the public by
the owners. Before the expiration of
said year. the Village -shall, upon its ini-
tiative or upon the request of the orga-
nization theretofore responsible for the
maintenance of- the common open
space, call a public hearing upon notice
to such organization, or to the occu-
pants of the Planned Unit Development
District to be held by the Village Coun-
cil, at which hearing such organization
or the occupants of the Planned Unit
Development District shall show cause
why such maintenance by the Village
shall not. at the election -of the Village.
continue for a succeeding year. If the
Village Council shall determine that
such organization is ready and able to
maintain said common open space in
reasonable condition. the Village shall
cease to maintain said common open
spaceat the end of said year. If the
lage Council shall determine such orga-
nization is not ready and able -to main-
tain said common open space in a rea-
sonable condition, the Village may; in
its discretion. continue to maintain said
commun open space during the next
succeeding year and subject to a simi-
lar hearing and determination, in each
year thereafter. The decision of the Vil-
lage Council in any such case shall con-
stitute a final decision.
3. Cost of Maintenance. The cost of
maintenance by the Village of common
open space shall be specially assessed
ratably against the properties within
the Planned Unit Development District
that have a right of enjoyment of the
common open space. Any such special
assessment shall be made in accord-
ance with applicable Minnesota law.
SECTION 22. BOARD OF ADJUST-
MENTS AND APPEALS; VARIANCES.
22.01 Creation and :Membership. There
is here5v created a Board of Adjustments
and Appeals which shall consist of three
members appointed by the Council as
n
e
e
n
n
e
es
'ollows: One member of the Planning
ommission, one citizen at Iarge. and one
.nember selected by the Council from its
own membership. The member from the
Planning Commission shall be deemed to
be the representative of the Planning
Commission for purposes of Minnesota
Statutes, Section 462.354. The Village
Engineer, Fire Chief and Building Inspec-
tor shall be ex-officio members without
the right to vote. The members of the
Board constitute a quorum, and all action
of the Board requires the affirmative vote
of the quorum. The Board shall serve
without compensation. Its members shall
serve a term of une year beginning on the
first day of January or until their succes-
sors are appointed. The Board shall select
one of its members as chairman and ap•
point a secretary who may, but need not.
be one of its members. Administrative
services for the Board shall be furnished
by the Council.
22.01 Powers and Duties. The Board of
Adjustments and Appeal shall have the
power and duty of hearing and deciding,
subject to review by the Council in each
case, appeals or requests in the following
cases:
1. To hear and decide appeals where it is
alleged that there is an error in any
order, requirement. decision or deter-
mination made by an administrative
officer in the enforcement of this ordi-
nance.
2. To hear requests for variances from
the literal provisions of the ordinance
in instances where their strict enforce-
ment would cause hardship because of
circumstances unique to the individual
property under consideration.
The Board of Adjustments and Appeals
shall not recommend. and the Council
shall not grant, a variance unless they
find the.following facts:
1. That there are special circumstances
or conditions affecting the land, build-
ing or use referred to in the application
or the variance.
. That the granting of the variance is
necessary for the preservation and en-
joyment of substantial property rights.
3. That the granting of the application
will not be materially detrimental to
the public welfare or injurious to prop-
erty in the area adjacent to the proper-
ty forwhich the variance is sought.
That the grant of the variance will be
in keeping with the spirit and intent of
this ordinance.
The Board of Adjustments and Appeals
in recommending. and the Council in
granting, a variance may impose condi-
tions to insure compliance and to protect
adjacent properties. The Board of Adjust-
ments and Appeals and the Council shall
not permit as a variance any use that is
not permitted under this ordinance for
property in the zoning district where the
land which is the subject of the variance
application is located.
22.03 Appeals. Appeals where it is al-
leged that there is an error in any order.
requirement, decision, or determination
made by an administrative officer in the
enforcement of this ordinance shall be
taken within fifteen 1151 days after the
isr 'ice of such order, requirement, de-
ci. . or determination.
2=.Oa Procedures.
1. Form. Appeals and applications for
variances shall be filed with the Zoning
Administrator on forms prescribed by
him. A fee of tt35.00 shall be paid upon
the filing of an application for a vari-
ance, in addition to payment of the es-
tablished building permit fee, if any.
1. Hearing. Upon the filing of an appeal or
application for variance, the Zoning
Administrator shall set a time and
place for a heart,- before the Board of
Adjustments and Appeals on -such ap-
peal or application, which hearing shall
be held within 30 days after the filing of
said appeal or application. At the hear-
ing the Board shall hear such persons
as wish to be heard, either in person or
by attorney or agent. Notice of such
hearing shall be mailed not less than 10
days before the date of hearing to the
person who filed the appeal or applica-
tion for variance, and, in the case of an
application for a variance, to each
owner of property situated wholly or
partially within 2D0 feet of the property
to which the variance application re-
lates, as the names and addresses of
such owners can be determined by the
Zoning Administrator from records
available to him. -The Board shall
thereupon make its decision on the
appeal or application for variance, and
its action shall be reported in writing to
the Council within 15 days after the
hearing: and within said 15 days the
Board shall serve a copy of such deci-
sion upon the appellant or theapplicant
by mail
. Council;—AQ# n. The Council shall re-
view; and may revise or reverse, any
decision-of=the Board of Adjustments
and Appeals. In reviewing such deci-
sions the Council may conduct such
hearings as it may deem advisable and
shall prescribe what notice, if any.
shall be given of such hearings. The
Council shall conduct its review of any
such decision and make its findings and
order thereon within 60 days after re-
ceipt by it of the decision of the Board
of Adjustments and Appeals. No permit
for a variance shall be issued unless a
decision of the Board of Adjustments
and Appeals approving the same is re-
viewed and approved by the Council.
Denial- Variances may be denied by
the Council and such denial shall consti-
tute a finding and determination that
the conditions required for approval do
not exist. No application for a variance
which has been denied wholly or in part
shall be resubmitted for a period of six
i6) months from the date of such order
of denial. except on grounds of new evi-
dence or proof of change of conditions
found to be valid by the Board of Ad-
justments and Appeals.
Action Without Decision. If no decision
is transmitted by the Board of Adjust.
ments and Appeals within sixty t601
days after referral of the appeal or ap-
plication for variance to the Board, the
Council may take action without fur-
ther awaiting such decision.
20
',22.05 Revocation. A violation of
condition set forth in granting a varia.
shall be a violation of this ordinance and
shall automatically terminate the vari-
ance. A variance shall become void one
year after it was granted unless made use
of within the vear.
SECTION 23. CONDITIONAL USE
PERM ITS.
23.01 Purpose. Conditional usesare
those uses generally not suitable in a par-
ticular zoning district, but which may
under some circumstances be acceptable.
When such circumstances exist. a condi-
tional use permit may be granted. Condi-
tions may be applied to issuance of the
permit and a periodic review of the per-
mit may be required. The permit shall be
issued for a particular use by a particular
person. firm. or corporation, and any
such permit shall not be transferred or
assigned for use by another without the
written consent of the Council to such
transfer or assignment. Conditional use
permits may be issued for any of the fol-
lowing.
I. Any of the uses for which such permits
are required or permitted by the provi-
sions of this ordinance.
2. Public utility or public service uses or
public buildings in any district when
found necessary for the public health.
safety. convenience or welfare.
3. Land reclamation. mining. or soil or
mineral processing.
4. To classify as a conforming use any
non -conforming institutional use exist-
ing in any district at the time of the
-establishment of such district.
5. To permit the location in any district of
temporary uses which will not continue
for a period of more than one year. For
good cause shown. the Village Council
may renew any such temporary per-
mit.
23.02 Initiation of Conditional Use.
Any person having a freehold interest in
land. or a possessory interest entitled to
exclusive possession. or a contractual
interest which may become a freehold
interest. may file an application to use
such land for one or more of the condition-
al uses provided for in this ordinance in
the zoning district in which the land is
located.
23.D3 Application for Conditional Use.
An application for a conditional use shall
- be filed with the Zoning Administrator on
a form prescribed by the Zoning Adminis-
trator. The application shaft be accompa-
nied by such plans and data prescribed by
the Zoning Administrator and shall in-
clude a statement in writing by the appli-
cant and adequate evidence showing that
the proposed conditional use will conform
to the standards set forth in Section 23.06
hereinafter.
23.04 Hearing on Application. Upon
receipt in proper form of the application
and statement referred to in Section 23.03
above. the Planning Commission shall
hold at least one public hearing on the
proposed conditional use. At least ten ilot
days in advance of .the hearing. notice of
time and place of the hearing shall be
published in the official newspaper of the
Village. A similar notice shall be mailed
at least ten.110, days before the day of
hearing to each owner of affected proper-
ty and property situated wholly and par-
tially within 2mo feet of the property to
which the conditional use relates. For the
purpose of giving mailed notice, the Zon-
ing Administrator may use any appropri-
ate records to determine the names and
addresses of owners. A copy of the notice
and a list of the owners and addresses to
which the notice was sent shall be attest-
ed to by the Zoning Administrator and
shall be made a part of the records of the
proceedings. The failure to give mailed
notice to individual property owners. 'or
defects in the notice shall not invalidate
the proceedings. provided a bona fide at-
tempt to comply with this section has
been made.
23.05 Authorization. For each applica-
tion fora conditional use permit, the
Planning Commission shall report to the
Council its findings and recommenda-
tions. designating such conditions and
guarantees as the Planning Commission
deems necessary for the protection of the
public interest Upon receipt of the report
of the Planning Commission, the Council
may hold whatever public bearinR it
deems advisable and shall make a deci-
sion upon the application to grant a condi-
tional use permit. If it finds that the con-
ditions exist which are necessary under
Section 23.06 before the Planning Com-
mission may recommend the granting of
a conditional .use permit, the Council may
grant the use permit and may attach to
the permit such conditions and require
such guarantees as it deems necessary to
insure compliance and to protect adja-
cent properties.
23.04 Standards. No conditional use -
shall be recommended by the Planning
Commission unless it shall find:
1. That the establishment. maintenance
or operation of the conditional use will
not be detrimental to or endanger the
public health. safety. morals. comfort.
or general welfare
Z. That the conditional use will not be in--
jurious to the use and enjoyment of
other property in the immediate vicini-
ty for.thepurposesaiready permitted.
nor substantially diminish and impair
property values within the neighbor-
hood-
3. That the establishment of the condi-
tional use will not impede the normal
and orderly development and improve-
ment of the surrounding property for
uses permitted in the district.
4. That the conditional use shall, in all
other respects. conform to the applica-
ble regulations of the district in which
i t is located.
23.07 Conditions and Guaranties.
Prior to the granting of any conditional
use, the Planning Commission may rec.
ommend. and the Council shall stipulate.
such conditions and restrictions upon the
establishment, location, construction.
maintenance. and operation of the condi-
tional use as deemed necessary for the
protection of the public interest and to
secure compliance with the standards and
requirements specified in Section 23.06
above. In all cases in which conditional
ses are granted the Council shall require
,nch evidence and guaranties as it may
deem necessary as proof that the condi-
tions stipulated in connection therewith
are being and will be complied with.
23.08 Revocation.
1. A violation of any condition set forth in
a conditional use permit shall be a vio-
lation of this ordinance. and any such
violation shall constitute sufficient
cause for the revocation of the condi-
tional use permit by the Council.
2. In any case wherea conditional use has
not been established within SO days af-
ter the granting thereof. then without
further action by the Council. the condi-
tional use or authorization therefor
shall be null and void.
23.09 Denial of Conditional Use. No,
application for a conditional use which
has been denied by the Council shall be
resubmitted for a period of one year from
the date of such order of denial. except on
grounds of new evidence or proof of
change of conditions found to be valid by
the Council.
23.10 ConditionalUse PermitFees-
The following fees and costs shall be paid
to the Village by the applicant for a condi-
tional use permit:
1. A minimum fee of 335.00 to be paid
upon the filing of the application for the
conditional use permit.
2. All direct expense of the Village in-
curred or expended by it in the process-
ing of the conditional use permit appli-
cation, including publication. mailing.
legal and engineering costs.
3. At the time of the filing of a conditional
use permit application, .the Zoning
Administrator may require the appli-
cant o- deposit with the Village funds
•estimaied by the Zoning Administrator
tom sufficient to defray all Village
expense in processing said application -
Any balance of said deposit remaining
after completion of proceedings on the
application shall be refunded to the
applicant. _
SECTIO:ti 24. ALME.NDhIEN"M
24.01 Purpose. This ordinance may be
amended only by an affirmative vote of
four -fifths 14 5, of the VillageCouncil-
24.02 Initiation. Proceedings for
amendment of this ordinance shall be ini-
tiated by: r1 i a petition of the owner or
owners of the property, the zoning of
which is proposed to be changed: 121 a
recommendation of • the Planning Com-
mission: or 13, by action of the Council.
24.03 Application. All applications for
amendments which are initiated by the
petition of the owners of property shall be
filed in the office of the Zoning Adminis-
trator and shall be accompanied by six
161 copies of a set of plans and graphics
containing the following information:
1. A generalized location map showing
the location of the proposed site in rela-
tion to the Village.
2_ A scaled plot plan with north indicated.
of the proposed site showing all site
dimensions.
3. All types of proposed uses.
4. Location of all buildings and structures
on the proposed site-
s. Elevation drawings or illustrations
21
indicp4ing the architectural treatment
' of d11 proposed buildings and struc-
tures.
6. An abstractor's certificate showing the
names and addresses of all property
owners within two hundred 1200, feet of
the outer boundaries of the property in
question.
7. Any plans for the modification of
standards set by this ordinance or any
othq ordinance of the Village.
S. Location and size of all required park-
ing spaces.
9. Landscaping plan including location.
size, and type of all proposed planting
materials.
10. General floor plans of all proposed
buildings and structures.
11. Indication of location, size. and type
of storage facilities for the storage of
trash and waste materials.
12. Design layout and size of all proposed
signs.
13. Drainage plan of the proposed site.
24.04 Public Hearing; Notice and Pro-
cedure. The Planning Commission shall
hold at least one public hearing on propos.
als for amendment of t:tis'ordirtance. af-
fording an opportunity for all parties in-
terested to be heard and shall give not
less than ten 110► days normore than thir-
ty 130► days notice of time and place of
such hearing. published in the legal news-
paper for the Village. Men an amend-
ment involves changes in zoning district
boundaries. such notice shall also contain
the description of the land and the pro-
posed changes in zoning- At least ten 1101
days before the hearing the Zoning Ad-
ministrator shall mail an identical notice
to the owner and to each of the property
owners within two hundred i200e feet of
the outside boundaries of the land pro-
posed to be re -zoned. For- the purpose of
giving mailed notice. the Zoning Adminis-
trator may use any appropriate records to
determine the names and addresses of
owners. A copy of the notice and a list of
the owners and addresses to which the
notice was sent shall be attested to by the
Zoning Administrator and shall be made a
part of the records of the proceedings.
The failure to give mailed notice to indi-
vidual property owners, or defects in the
notice shall not invalidate the proceed-
ings provided a bona fide attempt to com-
ply with this section has been made.
24.05 Action by Planning Commission.
Within sixty t60► days after the date of
receipt of the petition by the Zoning Ad-
ministrator, the Planning Commission
shall make a written report to the Council
stating its findings and recommenda-
tions.
24.06 Action .by Council. Upon the fil-
ing of the report of the Planning Commis-
sion. the Council may Auld such- public
hearings upon the amendment as it deems
advisable. If the Planning Commission
fails to make a report within sixty t60r
days after receipt of the application, then
the Council shall hold a public hearing
within thirty Mi days after the expira-
tion of said sixty 1601 day period. Failure
to receive a report from the Planning
Commission as herein provided shall not
invalidate the proceedings or actions of
the Council. The Council shall give not
iss than ten 110, days nor more than
.hirty t301 days notice of time and place
of such hearing published in the legal
newspaper for the Village. and such no-
tice shall contain a description of the land
and the proposed change in zoning when
the amendment involves changes in zon-
ing district boundaries.
At least ten 110 i days before the hear-
ing the Council shall order the Zoning
Administrator to mail an identical notice
to the owner and to each of the property
owners within two hundred t200a feet of
the outside boundaries of the land pro-
posed to be rezoned. Failure to mail the
notice or failure of the property owners to
receive the notice shall not invalidate the
proceedings.
After the conclusion of the hearing. if
any. the Council may take final action
upon the application or it may continue
the matter from time to time for further
investigation and hearing. The Council
may also request further information and
report from the Planning Commission.
24.07 Referral to Planning Commis-
sion. The Council shall not rezone any
land in any zoning district or make any
other proposed amendment to this ordi-
nance without having first referred it to
the Planning Commission for its consider-
ation and recommendation.
24.08 Effect of Denial. Rezoning appli-
cations may be denied by motion of the
Council and such motion shall constitute a
finding and determination that the pro.
posed rezoning is not in the best interest
for the development of the Village. No
application which has been denied wholly
or in part shall be resubmitted for a peri-
od of six t61 months from the date of said
denial. except on grounds of new evidence
or proof of change of conditions found to
be validbv the Planning Commission.
24.09 Fees. The following fees and
costs shall be paid to the Village by the
applicant for amendment of zoning dis-
trict boundaries:
1. A minimum fee of $25.00 to be paid
upon the filing of the application for
amendment.
9. All direct. expense of the Village in-
curred or expended by it in the process-
ing of the zoning amendment applica-
tion. including publication. mailing.
legal and engineering costs.
3. At the time of the filing of a zoning
amendment application. the Zoning
Administrator inav require the appli-
cant to deposit with the Village funds
estimated by the Zoning administrator
to be sufficient to defray all Village
expense in processing said application
Anv balance of said deposit remaining
after completion of proceedings on the
application. shall be refunded to the
applicant.
4. Applications for aniendnenl filed in
the public interest by the Council or the
Planning Commission shall be exempt
frnrn fees
SE LMON 'LS. ADMINISTRATION AND
ENFORCEMENT.
15.01 Enforcing Officer. This ordi-
nance- shall be administered and enforced
by the Zoning Administrator. who shall he
22
appointed by the Council
'r2 Zoning Administrator: Duties.
T, toning Administrator shall e-nforce*
this ordinance- and in addition thcre-to and
in furtherance of ..uel authority he shall:
I Determine that all building permits
cnmply with,the term.-c of this urdt-
nance It.
_' Conduct inspectiesns of buildings and
use of land to determine compliance
with the terms of this ordinance
:1. Maintain permanent and current rec-
ordscif this ordinance. including but not
linuted to. all titaps. amendments and
conditional uses. variances. appeals
and:applic•atioa.. therefor_
4. Re•e tnve. file and forward all applica-
tions for appeals. variances. condition.
at uses or other matters to the deKikn:at-
ed official bodies.
3 Institute in the name of the Village an
appropriate actions or proceedings
against a violator as provided by law.
S. Semi• as an ex officio nonvoting mem-
berof the Pl:anninK'i'ommi&dnn.
SECItO.ti':6.. SEPARABJUTY.
It is herebv declared to be the intention
of the Council that the several provisions,
of this ordinance areseparable in accord-
ance with the following:
1. If any court of competent jurisdiction
shall adjudge any provision of this ordi-
nance• to be invalid. s,uch judgment
shall not affect any other provisions of
this ordinance nest specifically included
in said judgment.
». if any court of coinpetent jurisdiction
shall adjudge invalid the application of
any provision of this ordinance to a par- .
ocular tract of 1:end. building or struc-
ture, such judgment shall not affect the
appfic5ti=of said provision toanyoth-
er tract..(A. fiiml. building or structure
ecit spcY-►R:aily included in said judg-
ment.
SEC? ON 27. V101 ATIONS AND PEN-
ALTIES.
27.01 Violations and Pena tiles. Anv
person. firm. or corporation who shall
violate any of the provisions hereof. or
who shall make anv false statement in
anv document required to be submitted
under the provisions hereof. shall be guil-
ty of a misderneara(w and, upon conviction
thereof. shall be punished by a fine not to _
exce"i S3W.Mor by imprisonment for not
to exceed 91) clays. Each day that a viola-
tion enntinues shall constitute a separate
offense.
.27.0'= Enforcement. In the event anv
building or structure is erected. con-
structed. altered. repaired. converted or
inaintaineel. or anv building., structure or
land is used in violation of this ordinance.
the Zoning Administrator may institute
ally proper action or prucet-ejing in the
name of the Village as to prevent such
unlawful crection. construction. altera-
tion, repair. conversion. maintenance or
use: or i b b to restrain or abate such viola.
tion: or i ce to prevent the use or occupan-
ev of artv such building. structureor land
SFCT16.14 29. REPFAL.
Ordinance No t, including Amend-
ments \w,-. l through 8 inclusive. entitled
"Zoning Ordinance for the Township of
Chanhas-wn." enacted March .l. 1952. and
IAanhassen Village Ordinances No!
`26A. 268. 26C and 26D, enacted Api
1:58. Jul'• R. 1968. December 16. 1968. Julc
28. 1969, Ma}• 5. 1969. respectively. Chan-
hassen Village Ordinance No. 40. enacted
December 1. 1969. and Subsections 2 and 3
of Section 10 and Subsection 4 of Section
12 of Chanhassen Village Ordinance No.
28. enacted June 17. 1963. are hereby re-
pealed.
SECTION 29. EFFECTIVE DATE.
This ordinance shall take effect and be
in force from and after its passage and
publication.
Passed b' the Council this 8th day of
Februarc. 1972.
Al. H. KLI\GF-LHCTZ ss
ATTEST: Mayor
ADOLPH TFS&NESS
Clerk
Public Hearings Conducted 12-15-71. 1-5-
72and 1-31-;2.
Published in 'Minnetonka & Carver
County Sun oti the 91h day of }larch. 1972,
i liar 9. 19T2s—lttka. & Carv.
23
LARKI�T, HOFF'-1Ati, DALY & LIvDGREN, LTD.
.ATTORNEYS AT LAW
ISOO NORTHWESTERN FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
MINNEAPOLIS. MINNESOTA SSa31
TELEPHONE 16121 83S-3800
4324 10S CENTER
MINNEAPOLIS, MIN14ESOTA 55402
TELEPHONE 16121 835-3800
June 22, 19a1
IIOI CONNECTICUT AVENUE, N. W.
WASHINGTON, 0. C.20036
TELEPHONE 12021 223-9398
The Honorable Mayor and City Council
City of.Chaahassen
690 Coulter Drive
P. 0. Box 147
Chanhassen, Minnesota, 55317
Dear Mayor Hamilton:
[;FCs :'-I��
MAR 7 1983
JAMES P: LARKIN
STEVEN 6. LEVIN
ROBEPT L. HOFFMAN
CGHRISTOPHER J- OIET%£N
JACK F. OALT
PETER A. BECK
O. KENNETH LINDGREN
R,CNAPO 1. OIAMONO
ANOREW W. DANIELSON
�0N14 P. SEATTIE
WENOELL R. ANOEPSON
JON S. SWICRLEWSKI
GERALD w. FRIEOELL
MICHAEL S. MAPGLILIES
ROBERT B. WHITLOCK
SAMUEL L.STERN
ALLAN E. MULLIGAN
Tw OMAS J. FLYNN.
ROBERT J. wENNESSEY
POOERICK 1. MACKEN21E
RONALC R. FLETCH0i
MICHAEL 7. SCMWARTZ
JAMES C. ERICKSON
FORPEST O. NOWLIN
COWARD -1. DRISCOLL
JAMES P, QUINN
JAMES P. MILEY
MICHAEL C.JACKMAN
GENC N. FULLER
MAP' E. CUPTIN
STCPw EN B. SOLOMO14
CANIEL A, CUINLAN
JOSEP. W. ANTHONY
JEROMC H. KANNKE
OAVIO C. SELLERGPEN
T0001. FREEMAN
JOHN O. FULLMER
CATHY E.GOPLIN
POBERT E. BOYLE
JOSEPH T. GREEN
FRANK I. HARVEY
ANORCW J. MITCHELL
POBERT T. MCNTAGUC.JR.-
JAMES M. STROTMEP
EMBER O. PCICNGOTT
CNARLES L MOOELL
RICMARO A. FOPSCHLER
OF COUNSEL
LINOA M. FISHER
JOSEPH GI -IS
THOMAS P. STOLTMAN
LINN J. FIRESTONE
.PRIESIENTL' AOMITTco ONLY IN ICNM J'LVA N.A
CITY OF CHANHASSEN
Enclosed you will find two submission packets with respect to the planned develop—
ment and subdivision known as Fox Chase, being developed by Derrick Land Company.
The first packet is a submission which complies with all of the conditions
attached to the motion. approving the final development plan of Fox Chase on
July 17, 1980 (Submission Packet No. 1). The approval required a configuration of
52 lots and was subject to items 2, 3 and 4 of the City Manager's Report dated
July 17, 1980, and items 1 through 5 in the Land Use Coordinator's Report of
July 9, 1980. These same conditions are repeated as items numbered 7 through 15
in the City Manager's Memorandum of June 1, 1981, to you (the Memorandum). Our
submission packet follows the June 1, 1981 numbering system. The Memorandum
lists, in addition to the conditions required in the Council action of July 17,
1980, certain ancillary items, for a total of 20 items. Our submission complies
with all 20 of the items.
The second submission packet. (Submission Packet No. 2) follows the same numbering
system and complies with each of the 20 conditions of the Memorandum, but it does
so by way of the Derrick Land Company revised and improved Preliminary Plat
presented to the Planning Commission at a public hearing as a plan amendment on
April 22, 1981. It, too, contains 52 lots but exhibits a curvilinear street
system and eliminates an Outlot, among other improvements.
It is the position of Derrick Land Company that both submission packets comply
with all of the conditions imposed by the City Council on July 17, 1980, in its
motion approving the final development plan. Delivery to you of Submission Packet
No. 1 entitles Derrick Land Company to approval. We have submitted, as well,
Submission Packet No. 2 to give the City Council the option to consider the plan
amendment for which, we believe., there is general consensus that it is better and
improved for all concerned. The 1981 plan complies, as well, with all of the same
conditions to approval. Although we are entitled to approval of the Submission
Packet No. 1, we have delivered Submission Packet No. 2 to give you the choice of
approving an improved plan.
LARKIN, HOFFmAN, DALY & LINDGREN, LTD.
The Honorable Mayor and City Council
June 22, 1981
Page 2
An additional and related item involves the installation of street, sanitary
sewer, water and storm sewer. We withdraw our request for City installation of
those improvements. Derrick Land Company will install all of the improvements in
accordance with City requirements, including specifications, inspections and
security requirements.
We have delivered directly to you to provide ample time for review of the Derrick
Land Company. materials. City staff may have comments; they, too, by delivery to
Mr. Ashworth will have the same opportunity. If there are any questions or com-
ments, feel free to contact Mr. Derrick, Mr. Laughinghouse or me.
Sincerely yours,
David C. Sellergren, for `
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: Council Members
City Manager
lc/5
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
50 NINTH AVENUE ISOUTH • HOPKINS. MINNESOTA 55343 • PHONE 93B-7601
TO City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55317`
ORDER NO. 11000 DATE 7/25/83
BILLS DUE UPON RECEIPT OF STATEMENT ' PLEASE DETACH AND RETURN
DERRICK LAND COMPANY - FOX CHASE
Balance due as billed 6/29/83
Finance Charges thru 7/31/83 i
BALANCE DUE v
V
Any amount 30 days or older will be subject to a 1-113% monthly
FINANCE CHARGE at an ANNUAL PERCENTAGE RATE of 16%
.K----.11-.-
$26,362.25
351.41
$26,713.66
RECEIVED
JUL 2 61983
CITY OF CHANHASSEIV
CURRENT
OVER 30 DAYS
OVER 60 DAYS
OVER 90 DAYS
OVER 120 DAYS
351.41
346.79
342.22
337.72
25,335.52
ORDER NO. 11000
SCHOELL & MAOSON, INC.
N
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT CONTRACT
PLAT OF FOX CHASE
DERRICK LAND COMPANY
THIS AGREEMENT, Made and entered into this day of
, 1983, by and between DERRICK LAND COMPANY, a Minne-
sota Corporation, (hereinafter referred to as the Developer), and
the CITY OF CHANHASSEN, a Minnesota municipal corporation (herein-
after referred to as the City);
WITNESSETH, That the City, in exercising its powers pursuant
to M.S.A. §462.358 and other applicable state laws, and the Developer
in consideration of the mutual covenants herein contained, recite
and agree as follows:
SECTION 1. REQUEST FOR PLAT APPROVAL. The developer has asked
the City to approve a plat of land owned by:
1.01. Derrick Land Company, A Minnesota Corporation, fee
owner;
1.02. Wilma C. Thompson, Mortgagee.
i�'1�nnesotzs-8enttrr�*-Bttfle�ers--�rre---�-Mii�t-a-�QrFara-
+_3-on--Eentraef -for -Deed -vendee -zrs -to -part-of -trre
subject -property -
To be known as Fox Chase (also referred to in this Agreement as
the "Plat".) - such being legally described as shown on the attached
Exhibit "A" which is hereby made a part hereof.
SECTION 2.0 RECITALS.
2.01. Fox Chase Preliminary Development Plan and Prelimi-
nary Plat. The Developer is the fee owner of a tract
of land lying within the City, as more particularly described on
Exhibit A attached hereto and made a part hereof (hereinafter the
"Subject Property" or "Plat"). The Developer has heretofore made
application to the City under the City Zoning Ordinance for the
approval of a P-1 Planned Residential District encompassing all
of the subject property.
SECTION 3. CONDITIONS OF PLAT APPROVAL,
The City has approved or agreed to approve the plat on condi-
tions (1) That the developer enter into this Development Contract,
(2) that the developer provide an irrevocable letter of credit,
or cash escrow (as set forth in Sections 7.01, 7.02, and 7.03)
("Security"), guaranteeing the performance of the terms of this
Development Contract, and also guaranteeing the payment of all con-
struction costs of the improvement. A letter of credit may be sub-
mitted for a one year period of time with the provision that it
shall be renewed at the end of the eleventh month for any improve-
ments yet to be satisfactorily completed and accepted by the City.
Failure to furnish a new letter of credit at least thirty (30) days
before the posted letter of credit lapses shall be deemed a condition
of default and the City may obtain all monies posted under the exis-
ting letter of credit.
3.01. Construction. Developer agrees at its expense to
construct, install, and perform all work and furnish all materials
and equipment in connection with the installation of the following
public improvements (hereinafter the "Public Improvements"), in
accordance with the Plans and Specifications described in 513.02
below as modified by the Special Conditions set forth in Section
5 hereof:
a. Street grading, stablilizing, and bituminous surfacing
and wear surface
b. Surmountable concrete curbs and gutters
C. Sanitary sewer mains
d. Watermains
e. Storm and surface water drainage and retention ponds
f. Street signs
g. Underground utility lines
h. Street lighting
i. Grading including berm construction
3.02. Final Plans and Specifications. The Developer shall
provide the City with final plans and specifications, including
a final grading plan, prepared by a registered professional engineer,
which plans and specifications shall be subm}ttred-to-be-agpreved
by-eke.-E}tq-Eat�ne}}-aad-ttH}ear-sl�a}}-be subject to the final review
and written approval of the City Engineer. Substantial changes in
said plans and specifications shall be referred by the City Engineer
to the City Council for approval. Said plans and specifications
are hereby made a part of this agreement. Developer shall not make
or permit any changes, variations, omissions or additions to City
approved final plans and specifications without the written approval
of the City Engineer prior to any such change, variation, omission
or addition.
3.03. Standards of Construction. Developer agrees that
all of the public improvements shall be constructed and installed
in accordance with the aforesaid City approved plans and
specifications, and that said improvements shall equal or exceed
City standards, and that all of said work shall be subject to the
inspection and approval of the City Engineer. 3�-t?e-ve3�per- -5
t� �� �i-��--t-h-�t t�r�- p-i-a� -eo►r�p-13e-s- �+ri.t�-���- E-itY - �buTrtY,
State ,- Me#x-opo l-3-tares- -and- --iTru1Txd-1rrg
-2-
Err-riro fferrtar -determ:rnes-that-the-Plat
does -no-t -f U1_1_y -Comply _the _city -may T -at _its -a�at ion T _refuse _te -al lQcoz
ax:}�-o.^rs-tr-uc_tfer4-Br_deue1Qpmen-t-w-opk-i7n-the--plat-until-the-Deueleper-
dotes__CGrRpl_�L -LLpc�r�-the City-s-denaar�cl-the-Peuelopen-shad-gea�e-wsr-k
ur�til r-e--i-s-oQmpIi-anee.
3.04. Materials and Labor. All of -the materials to be
employed in the making of said public improvements and all of the
work performed in connection therewith shall be of uniformly good
and workmanlike quality. In case any material or labor supplied
shall be rejected by the City as.defective or unsuitable, then such
rejected material shall be removed and replaced with approved
material, and rejected labor shall be done anew to the satisfaction
and approval of the City at the cost and expense of the Developer.
3.05. Staking, Surveying and Inspection. It is agreed
that the Developer, through his engineer, shall provide for all
staking, surveying and resident inspection for the above described
improvements in order to ensure that the completed improvements
conform to the approved plans and specifications. The City will
provide for general inspection and shall be notified of all tests
to be performed. It is agreed that the estimated cost of such
improvements, including reasonable charges of the City for legal,
planning, engineering services, including inspection, supervision
and administration costs, shall be included in the total cost of
all improvements for purposes of computing the amount of the financial
security to be furnished to the City by the Developer pursuant to
the terms of this agreement. ln-addktion—, -the-Eity-may-I -at -the -@i7ty-Ls
di_s-c-rat-i-an-and -at -the -Deuelepers -expense - -have -ene-er-mere -E}ty
i-napec-to-r-s--irnspec-t-the -werk-en -a-€ull-er-part -time-basis .
3.06. Completion Date and Schedule of Work.
a. It is agreed by the Developer that the construction
of the public and private improvements shall commence within
two (2) years of the filing of the final plat at the Carver
County Courthouse and that all public improvements shall be
completed within two (2) years of said plat filing.
b. The Developer or his engineer shall -schedule a pre -
construction meeting at a mutually agreeable time and place
with all parties concerned including the City staff to review
the program for the construction work. Upon completion of sewer
and water lines shall be tested in accordance with the testing
procedures that are required by the City Engineer. Within thirty
(30) days after completion of the improvements, the Developer
shall supply the City with a complete -set of "As Built" plans.
C. Final approval and acceptance of the project shall
take the form of a Resolution duly passed by the City Council,
on the advice of the City Engineer. Final approval and accep-
tance shall be granted upon the City Engineer's satisfaction
pursuant to Section 3.08 and shall be conditioned upon the
MKIE
," )
one year guarantee of work and guarantee bond set forth in
Section 3.15 hereof.
3.07. Claims for Work. The Developer shall not do any
work or furnish any materials not covered by the plans and specifica-
tions and special conditions of this agreement, for which reimburse-
ment is expected from the City, unless such work is first ordered
in writing by the City Engineer as provided in the specifications.
Any such work or materials which may be done or fur-
nished by the contractor, without such written order first being
given shall be at his own risk, cost and expense, and he hereby
agrees that without such written order he will make no claim for
compensation for work or materials so done or furnished.
3.08. Final Inspection. Upon completion of all the work
required by the City Engineer, a representative of the contractor,
and a representative of the Developer's engineer will make a final
inspection of the work. Before final payment is made to the contrac-
tor by the Developer, the City Engineer shall be satisfied that
all work is satisfactorily completed in accordance with the approved
plans and specifications; and the Developer's engineer shall submit
a written statement attesting to same.
3.09. City Disclaimer. It is agreed anything to the con-
trary herein notwithstanding, that except for its or their negligence
or malfeasance, the City of Chanhassen, the City Council and their
agents or. employees shall not be personally liable or responsible
in any manner to the Developer, the Developer's contractor or sub-
contractor, material men, laborers or any other person or persons
whomsoever, for any claim, demand, damages, actions or causes of
action of any kind or character arising out of or by reason of the
execution of this agreement or the performance and completion of
the work and the improvements provided herein, and that the Developer
shall save the City harmless from all such claims, demands, damages,
actions or causes of actions or the costs disbursements, and expenses
of defending the same, specifically including, without intending
to limit the categories of said costs, cost and expenses for City
administrative time and labor, costs of consulting engineering ser-
vices and costs of legal services rendered in connection with defen-
ding such claims as may be brought against the City.
3.10. Erosion Control. Developer, at its expense, shall
provide temporary and permanent dams, earthwork, retention and sedi-
mentation basins, and such other practices including seeding of
graded areas, as shall be needed in the judgment of the City Engi-
neer, the Riley Purgatory Creek Watershed District, the U.S. Corps
of Engineers, and the Department of Natural Resources, to prevent
the washing, flooding, sedimentation and erosion of lands and road
within and outside the plat during all phases of construction, inclu-
ding construction on individual lots. Additionally, the Developer
shall comply with all conditions of the grading and land alteration
permits from the Riley Purgatory Creek Watershed District, the U.S.
-4-
Corps of Engineers, the Department of Natural Resources approval
and all of the recommendations of the U.S. Soil Conservation Service
in its reports to the extent consistent with the requirements of
other regulatory agencies. The following minimum restoration require-
ments- shall be met. The City Engineer shall determine if any other
agency requirements are more explicit or restrictive; and may, at
his discretion require that those conditions be met in lieu of any
or all of the following. a) All areas disturbed by the excavation
and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. b) Seed shall be rye grass
or other fast growing seed to provide a temporary ground cover as
rapidly as possible. c) All seeded areas shall be mulched as neces-
sary for seed retention.
A plan consolidating all applicable conditions concerning construc-
tion grading and drainage shall be submitted to and approved by
the City Engineer prior to commencement of any work.
3.11. Street Lighting. The expense of furnishing electrical
energy for street lighting purposes shall be assumed by the City
twenty-four (24) months after completion of installation of the
street lighting system, or after fifty percent (50%) of the building
lots have been improved by the construction of residences thereof,
whichever is first to occur.
3.12. Conveyance of Improvements. Upon completion of the
installation by Developer of the improvements set forth in V3.01
hereof in accordance with the plans and specifications hereunder
and the written approval by the City if not previously dedicated
in the final plat, Developer shall convey the land and said improve-
ments to the City free of all liens and encumbrances and with war-
ranty of title pursuant to Bill of Sale or warranty Deed, as applic-
able. Should the Developer fail to so convey said improvements,
the same shall become the property of the City without further notice
or action on the part of either party hereto, other than acceptance
by the City.
3.13. Building Permits and Occupancy Permits.
a. Prior to completion of the grading and placement
of rock stabilizing materials for road construction within
the plat, the City Building Inspector, with the approval of
the City Engineer, shall be authorized to issue building permits
for residential construction within such plat upon payment
of all fees and charges applicable to the issuance of permits
and provisions for adequate site access.
b. The occupancy of any structure within said plat for
residential purposes shall be prohibited by the City until
the streets have been eempleted paved with a 11 inch base bitu-
minous surface, municipal sanitary sewer and water lines shall
have been installed, tested, inspected and are available to
serve the lot for which a building permit shall have been issued.
-5-
3.14. One Year Guarantee of Work and Guarantee Bond. All
work and materials performed and furnished by the Developer, its
agents and subcontractors pursuant to V3.01 above, which are found
by the City to be defective within one year after acceptance by
the City shall be replaced by Developer at Developer's sole expense.
In accordance with Section 7.02 and not in -addition thereto, the
within guarantee of work shall be secured to the City by an irre—
vocable letter of credit, or a corporate surety bond, at the elec-
tion of and in an amount established by the City, furnished by the
developer to the City. Said letter of credit or surety bond shall
first be approved by the City Attorney, and shall be in addition
to, and not in lieu of any other reme ies which may be available
to the City to secure any defects in materials or workmanship.
3.15. Liability Insurance. Developer shall take out and
maintain so long as Developer's obligations continue under this
agreement, public liability and property damage insurance covering
personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its subcon-
tractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall be not less than $500,000
for one person and $1,000,000 for each occurrence; limits for proper-
ty damage shall be not less than $200,000 for each occurrence. The
City shall be named as an additional named insured on said policy,
and Developer shall file a copy of the insurance coverage with the
City prior to signing the plat initiating construction.
SECTION 4.
STATUS OF SPECIAL ASSESSMENTS.
4.01. Developer Acknowledges Special Benefit. The Developer
acknow-lecdges that the subject property derives "special benefit,"
as that term is defined by present case law under Chapter 429 of
Minnesota Statutes, from the sewer lift station and water supply
facilities, trunk and lateral sanitary sewer facilities, and trunk
and lateral water facilities which were constructed as a part of
Chanhassen Improvement Projects. The Developer acknowledges that
the amount of such special benefit is not less than the sum of the
following amounts:
a. Levied Special Assessments:
Parcel No. 25-01-000-0037-000,
20.08 Acres in part of Gov't. Lots 5 and 6,
1 sewer and water lateral assessment levied in
1973 in the amount of $4,119.00, payable over 15
years at 7% interest.-
1 sewer and water trunk assessment levied in 1980,
in the amount of $1,054.96, payable over 10 years
at 7% interest.
Parcel 25-79-500-0001-000, Lot 1, Vineland
1 sewer and water lateral assessment levied on
October 1, 1973 in the amount of $4,949.00, which
has been paid in full.
2 sewer and water lateral and 3 sewer and water
trunk assessments levied in 1980, in the amount
of $12,419.98, payable over 10 years at 7% interest.
b. Deferred Special Assessments. In addition to the
foregoing levied special assessments, the subject
property is further specially benefitted by 68 off-
line sewer and water trunk units, each sewer trunk
unit valued at $320.00 and each water trunk unit
valued at $380.00, and each said sewer and water
unit shall bear interest at the rate of 7% from
October 1, 1973.
4.02. Spread and Payment of Deferred Special Assessments.
All deferred special assessments for said 68 sewer and water trunk
units shall be spread and assigned to the 52 specially benefitted
lots within the final plat, shall be certified to the Carver County
Auditor for collection at the time of the recording of the final
plat with the County Recorder, and shall be payable in installments
of principal and interest over a period of four (4) years after
said certification.
4.03. Developer Waives Public Hearing and Right of Appeal_
The Developer waives its right to public hearing under §429.061
and §429.071 of Minnesota Statutes and its right of appeal under
§429.081 of Minnesota Statutes as to the Deferred Special Assessments.
SECTION 5. SPECIAL CONDITIONS.
5.01. Fox Path Cul-de-Sac. A-eu4-4e-sae "T" intersection
shall be constructed by Developer at the western terminus of Fox
Path as-shewn-en-the-prel-im-ina-ry-plat--apfrrowed-by-t ie-4Cd-ty-4C-& -i-1
en-Apr4l--26,-4982- and- des-ign-ated--E3cd-iri-t-A-.-3add- -s, 1-1-
have-a-radices-of-68-feet;-a-readwaY--su-r-faee--addus-with
surmountable curb and gutter, and shall be constructed in accordance
with plans and specifications approved by the City Engineer. The
westerly extension of Fox Path from said -e-r-d-e=s-a-c "T" intersection
to the westerly boundary of the subject property shall be platted
as a dedicated street but shall not be improved as such until develop-
ment on the adjoining property shall require a street connection
to Fox Path.
5.02. Pleasant View Road Access Restriction. Unless other-
wise determined by the City Council Lots 1 ,
and 2, afid-3, Block 2 shall not be permitted direct driveway access
to Pleasant View Road. Lot 1, Block 1 and Lot 3, Block 2 may access
on Pleasant View Road but the accesses Shall -Be oca e o maximize
site distances. The exact location of the accesses shall be approved
by the City Engineer. Said restrictions shall be incorporated within
covenants and restrictions which shall be applicable to the final
-7-
plat of the subject property and which shall be filed with the Carver
County Recorder contemporaneously with the filing of said final
plat.
5.03. Watermain Loop. Unless otherwise determined by the
City Council, t e City watermain serving the subject property shall
be "looped" as that term is commonly used by professional engineers,
from Lake Point to Fox Path along the alignment depicted as "Route
C" in the report of the City Engineer, dated August 10, 1981.
5.04. Building Plans Certification. Due to extraordinary
slope and soil conditions, building and site plans for all residences
within the subject property shall be certified as having been re-
viewed and approved by an architect or civil engineer licensed by
the State of Minnesota. Said building and site plan review and appro-
val shall include provisions for slope protection, surface and sub-
surface drainage, prevension of siltation, and the preservation
of trees and prevention of excessive vegetation removal during con-
struction.
Building pads and basement floors shall be constructed
at an elevation not less than two (2) feet above the regional flood
elevation in accordance with the requirements of applicable City
ordinances.
The terms and conditions of this Section 5.04 shall
be made a part of covenants and restrictions which shall be applic-
able to the final plat of the subject property and which shall be
filed contemporaneously with the filing of the final plat with the
Carver County Recorder.
5.05. Easements. The developer, at its expense shall ac-
quire all perpetual easements from abutting property owners necessary
to the installation of the sanitary sewer, storm sewer and water
facilities within the subject property and thereafter shall promptly
assign said easements to the City prior to the filing of the final
plat with the Carver County Recorder.
5.06. Easements Dedicated On Plat. Perpetual easements
for surface water drainage, including ponding and sedimentation
basins and access thereto, shall be dedicated on the final plat
to the extent permitted by State law. All such easements not so
dedicated shall be granted to the City in form approved by the City
and acceptable for recording in the Office of the Carver County
Recorder.
5.07. Streets. All streets within the plat shall be dedi-
cated with a 50 foot wide right-of-way, and shall have a 28 foot
roadway surface with surmountable concrete curb and gutter. All
street cul-de-sacs shall have a right-of-way radius of 60 feet,
with a roadway surface radius of 40 feet with surmountable concrete
curb and gutter. All streets shall be constructed in accordance
with City standards approved by the City Engineer.
5.08. Ponding and Sedimentation Basin Maintenance. The
Developer shall maintain in good operational order all ponding and
sedimentation basins during all phases of construction within the
subject property. After formal acceptance by the City, said main-
tenance shall be the obligation of the City.
5.09. Trail Easement. The Developer shall grant to the
City a perpetual easement ten (10) feet wide for use
as a City trail, said easement ascribed as follows:-t-oe-o��
.mot tUe-s_c3uth,-_ r-i-}- -p ripe r-tom 1-i ram- -o- - -L ott �9 -$ lac �-,- -tz � r ��
.nanth�-_r.l_�L __aLcuag tie_ -a-f- -tom �a�� i t-ar3� -s-eram- -e-aems, -
to --the— -south _Line -GL _Lat- -1-2_r-8-1Gc_k_ -1--,- r� -w s l 4-7-0 -f-ee-t --a1-ol�
tYjj-- _s aut.h _Li_ ie_ -0.f -sairi. -Lott- 1-2- -tO- tT rat i -i 3 -�*i-tor- t4 re- -f_ n 1 y
_ni_gY1t � _uay -Lin— -of- -Ro.,_ -it4iremf-V11rt4--i-rr
said t-wf�L tro- 1-t s- i -e e i r3--wrt- -P I e� r -V-i-e-h- -arrd-
ther� t�rruizzat-ir4g-.
A 10.00 foot permanent easement for trail purposes, the center-
line of which is described as follows: Commencing at a point
on the east fine- o Lot 19, Block 1, Fox Chase Addition, 5.00
feet north ot the southeast corner of said lot; thence along
a lineparallel to and 5.00 feet northerly of the south lines
ot Lots 19 and 20, Block 1 to a point 5.00 feet or more east
of the wetlands area in said Lot 20; thence in a northwesterly
direction 5.00 feet easterly of said wetlands to the north
fine of said Lot 20; thence continuing northerly to the northwest
corner ot Lot22, Block 1; thence northwesterly along the
southwesterly boundary lines of Lots 23 and 24 to a point 5.00
feet westerly o e easterly right-of-way line of Fox Path --
thence northerly along a line 5.00 feet westerly of the easterly
right-of-way line of Fox Path to its intersection with Pleasant
iew Road and there terminating. It is the intention that this
easement e located adjacent to but entirely easterly of an
wetlands area in Lots 20, 21, 25 or 26 of Block 1; and
ere ore, it after a survey of the area is completed the
above described easement lies within any wetlands, the Developer
snall execute an amended easement agreement with the new
escription.
The form of said easement and exact legal description shall be ap-
proved by the City, and shall be filed at the time of the filing
of the final plat with the County Recorder.
When constructed, the portion of the trail easement
on the Fox Path right-of-way may be constructed at the City's expense
with a bituminous surface and the 10 foot 20-feet portion of the
easement along the sanitary sewer alignment shall be surfaced with
wood chips. All trail easement construction shall be performed by
the City in accordance with specifications approved by the City
Engineer.
5.10. Trail Easement Park Charge Credit. No credit for
park charges under Chanhassen Ordinance No. 14 as amended shall
be granted Developer, its successors or assigns, for the grant of
the perpetual trail easement.
5.11. Park Fees. Prior to the issuance of building per-
mits for residential construction within the plat, Developer, its
successors or assigns, shall pay to the City the park fee then in
force pursuant to Chanhassen Ordinance 14-A and relevant City Council
Resolutions thereafter, as said park charge fee may be adjusted
by the provisions of Section 5.10 above.
5.12. Street Maintenance During Construction. The Developer
shall be responsible for all street maintenance until streets are
accepted by the City. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on same
and directing attention to detours. If streets become impassable,
such streets shall be barricaded and closed. The Developer shall
maintain a smooth surface and provide proper surface drainage. The
Developer shall be responsible for keeping streets within and without
the plat swept clean of dirt and debris that may spill or wash onto
the street from his operation. The Developer may request, in writing,
that the City keep the streets open during the winter months by
plowing snow from said streets prior to final acceptance of said
streets. The City shall not be responsible for re -shaping said
streets because of snow plowing operations if they are requested.
Providing snow plowing service does not constitute final acceptance
of said streets by the City. Developer agrees to pay all costs of
snow removal done by the City prior to acceptance of said streets.
5.13 Street Signs. All street name and traffic signs
required within the plat at the time of City acceptance shall be
furnished and installed by the City at the sole cost of the Developer.
5.14. Covenants and Restrictions. Covenants or restric-
tions to be placed upon the lots in the subject plat shall be pre-
pared by the Developers and shall be approved by the City Attorney
prior to recording with the County Recorder. The Covenants and Re-
strictions shall be approved if they are consistent with the require-
ments of this agreement. The zoning ordinances and regulations of
the City shall govern if inconsistent with said covenants and restric-
tions to the extent actually inconsistent; but if not inconsistent
therewith, the standards contained in said covenants and restrictions
shall be considered as requirements in addition to said City ordi-
nances and regulations. The City shall be held harmless in the event
any disputes occur involving covenants and restrictions.
5.15. Setting of Lot and Block Ionuments. Developer shall
place iron monuments at all lot and block corners and at all other
angle points on boundary lines. Iron monument placements shall be
verified after construction of improvements has been completed in
order to preserve the lot markers for future property owners.
Melm
SECTION 6. CONSERVATION EASEMENT.
6.01. Easement To Be Granted. Developer shall grant to
the City a perpetual conservation easement for environmental protec-
tion and wetland preservation over those areas of Lots 7 through
19, inclusive, of Block 1 of the plat which lie below the elevation
of 900 feet. No credit for park charges under Chanhassen Ordinance
No. 14 as amended shall be granted Developer, its successors or
assigns for the grant of said easement.
6.02. Conservation Easement Development Restrictions. All
of the following activities shall be prohibited within the conserva-
tion easement area, including the wetlands as delineated on Exhibit
"A", Chanhassen City Council meeting of April 26, 1982 and on Lotus
Lake adjacent to the easement area;
a. The placement and erection of buildings, structures,
and docks and walkways. (Except as provided in 6.03.)
b. The alteration of vegetation in any manner or form.
(Except as provided in 6.03.)
C. The excavation or filling of the easement area.
d. The application of fertilizers, whether natural or
chemical.
e. The application of chemicals for the destruction
or retardation of vegetation.
f. The deposit of waste or debris.
g. Construction of paths,.trails and service roads ex-
cept as eenstrueted permitted by the City.
h. The application of herbicides, pesticides and insec-
ticides.
i. The storage of watercraft, boat trailers, ice fishing
houses, snowmobiles, motorized and nonmotorized
vehicles (Except as permitted in Section 6.03 of
this ordinance).
j . The mooring sea-
planes, in abutting waters of Lotus Lake (hereinafter
"the lake").
6.03. Dockage Within Conservation Easement Area. Lots
16, 17, 18, and 19, Block 1 shall be allowed one dock for each lot.
-a-. T-h*e--doc-}i,- -on- -lam 17 -be- -p3 -otr -t-hf-- -_Totrt-l-k- Z
o f--t-h-e-
-11-
b a. All docks must conform to City ordinances regulating
dock construction.
e b. Mooring of any watercraft must conform to City or-
dinances and regulations.
d c. All conditions of 6.02 shall apply for Lots 16, 17,
18, and 19, Block 1; except for the length and width
of the dock structure itself.
d. The dock on Lot 16 may be used by the owners of Lot
10-16, Block 1. Up to seven (7) boats may use the
dock.
e. No dock shall exceed six (6) feet in width nor shall
it exceed the greater of the following lengths: (a)
fifty (50) feet, or (b) the minimum straight-line
distance necessary to reach a water depth of four
(4) feet. The width (but not the length) of the cross-
bar of any "T" or "L" shaped dock shall be included
in the computation of length described in the prece-
ding sentence. The cross -bar of any such dock shall
not measure in excess of twenty-five (25) feet in
length.
f, No dock shall be so located as to: (a) obstruct the
navigation of the lake, (b) obstruct reasonable use
or access to any other dock. (c) present a potential
safety hazard.
No fuel shall be stored upon any such dock.
g. No more than five (5) watercraft may be moored over-
night at any dock or in front of any lot with the
exception of Lot 16, Block 1 where up to seven (7)
watercraft may be moored overnight.
h. Boardwalks may be constructed to serve as approach
walkways to docks over lands which are intermittently
or permanently wet. Paths may be created for dock
and boardwalk approaches over dry ground.
i. No motorcraft shall be moored or docked overnight
at any such docks unless said watercraft is either:
(a) currently registered, pursuant to Chapter 361
of Minnesota Statutes, in the name of the owner of
the lot served by said dock or in the name of a member
of said owner's household.
6.04. Form and Approval of Easement. The form of the con-
servation easement shall be prepared by the City at the expense
of the Developer, and shall be approved by the City Council prior
to submission to the Developer for execution and delivery to the
City.
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6.05. Inclusion in Covenants and Restrictions. The con-
servation easement shall be made a part of the covenants and restric-
tions applicable to the plat and shall be incorporated therein by
reference, and as an exhibit forming a part of said covenants and
restrictions.
SECTION 7.
ENFORCEMENT PROVISIONS.
7.01. Reimbursement of Costs. The Developer shall reimburse
the City for all costs, including reasonable engineering, legal,
planning and administrative expenses incurred by the City in connec-
tion with all matters relating to the administration and enforcement
of the within agreement and the performance thereby by the Developer.
Such reimbursement shall be made within fourteen (14) days of the
date of mailing of the City's itemized notice of costs. If the bills
are not paid on time the City may�ia E all plat development work
until the bills are paid in full.
a. The City shall have no obligation to pay such develop-
ment costs whether or not the City has approved the work.
b: The Developer shall pay the City's out-of-pocket
expenses previously or subsequently incurred, including but
not limited to legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance
of the plat, and the preparation of this Development contract.
The Developer further agrees to pay all reasonable costs and
expenses incurred by the City in monitoring and inspecting
development of the plat 3��z-i3�'s-o}�tu-lam
t-i-r►�€- i-�-�s��i�- -b-y- �= -rx��-�i-t3,r- 3-�i-s-pew-t�� .
C. The Developer shall indemnify the City for all costs,
damages or expenses, including engineering and attorney fees,
which the City may pay or incur in consequence of such claims
by all third parties including but not limited to other property
owners, contractors, subcontractors, and material men.
d. The Developer shall reimburse the City for costs
incurred in the enforcement of this contract, including engin-
eering and attorney's fees.
7.02. Security for Performance by Developer. For the pur-
pose of assuring and guaranteeing to the City that the improvements
to be by the Developer constructed, installed and furnished as set
forth in V3.01 hereof shall be constructed, installed and furnished
according to the terms of this agreement, and that the Developer
shall pay all claims for work done and materials and supplies fur-
nished for the performance of this agreement, and that the Developer
shall fully comply with all of the other terms and provisions of
this Development Contract, Developer agrees to furnish to the City
either a cash deposit, or an irrevocable letter of credit approved
by the City in an amount equal to 110% of the costs of the improve-
ments described in Section 3.01 hereof, as estimated by the City
Engineer. The cash deposit or irrevocable letter of credit (Section
-13-
a
3) provided for herein shall be in addition to any performance bond
or other security required by the Riley -Purgatory Creek Watershed
District as a condition of the issuance of any permit by said Dis-
trict.
a. If the Developer does not satisfactorily complete
the work this Development Contract requires the City may, at
its option, perform the work. The City shall give the Developer
at least 96 hours notice of the City's intention to perform
any such work. However, in the event of an emergency as deter-
mined by the City, 96 hours notice is not required. This agree-
ment is a license for the City to act and it shall not be neces-
sary for the City to seek a court order for permission to enter
the land. When the City does any such work, the City may in
addition to its other remedies assess the cost in whole or
in part as outlined in 7.03.
7.03. Remedies Upon Default.
a. Assessments. In the event Developer shall default
in the performance of any of the covenants and agreements herein
contained, and such default shall not have been cured within
ten (10) days after receipt by Developer of written notice
thereof, the City, if it so elects, may cause any of the re-
quired improvements to be constructed and installed, or may
take action to cure said default, and to the extent that the
City's recovery on the security deposit in 7.03 is deficient,
may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expense incurred by the
City, to be recovered as a special assessment under Minnesota
Statutes, Chapter 429, in which case the Developer agrees to
pay the entire amount of the assessment roll pertaining to
any such improvement amount of the assessment roll pertaining
to any such improvement within four (4) years sixty-k6g�-days
after its adoption. In addition, Deve oiler further agrees that
in the event of its failure to pay in full any such special
assessment within the time prescribed herein, the City shall
have a specific lien on all of Developer's real property within
said plat for any amount so unpaid, and the City shall have
the right to foreclose said lien in the manner prescribed for
the foreclosure of mechanic's liens under the laws of the State
of Minnesota.
In the event of an emergency, as determined by the
City Engineer, the notice requirement to the Developer shall
be and is hereby waived in its entirety, and the Developer
shall reimburse the City for any expense incurred by the City
in remedying the conditions creating the emergency.
b. Security Deposit. In conjunction with the foregoing,
the City may utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay or reimburse the City
for:
(1) the cost of completing the construction of the improve-
ments described in g3.01 above; and
-14-
(2) the cost of curing any other default by the Developer
in its performance of any of the covenants had agreement
contained herein; and
(3) the cost of reasonable engineering, legal, and administra-
tive expense incurred by the City in enforcing and adminis-
tering this contract.
C. Legal Proceedings. In addition to the foregoing,
the City may institute any proper action or proceeding at law
or at equity to prevent violations of the within development
contract, to restrain or abate violations of the within develop-
ment contract.
SECTION 8. MISCELLANEOUS TERMS AND CONDITIONS.
8.01_ Compliance with Laws, Ordinances and Regulations;
Permits. In the development of the plat, Developer shall comply
with all laws, ordinances and regulations of, and secure valid neces-
sary permits from the following authorities:
(1) City of Chanhassen
(2) State of Minnesota, its agencies, departments and commis-
sions
(3) Department of Natural Resources
(4) Riley -Purgatory Creek Watershed District
(5) U.S. Army Corps of Engineers
8.02. Proof of Title. Upon request,
furnish the City
is fee owner of
with evidence satisfactory to
the subject property.
the Developer shall
the City that it
8.03. Duration of Contract. This contract shall remain
in effect until such time as Developer shall have fully performed
all of its duties and obligations under this contract. Upon the
written request of Developer and upon the adoption of a resolution
by the Chanhassen City Council finding that the Developer has fully
complied with all of the terms of this contract and finding that
Developer has completed performance of all Developer's duties man-
dated by this contract, the Chanhassen City Manager shall issue
to the Developer on behalf of the City an appropriate certificate
of compliance.
8.04. Notices. All notices, certificates and other com-
munications hereunder shall be sufficiently given and shall be deemed
given when mailed by certified mail, return receipt requested, pos-
tage prepaid, with property address as indicated below. The City
and the Developer, by written notice given by one to the other,
may designate any address or addresses to which notices, certificates
or other communications to them shall be sent when required as contem-
plated by this agreement. Unless otherwise provided by the respec-
tive parties, all notices, certificates and communications to each
of them shall be addressed as follows:
-15-
f�
/ *1
To the City:
To the Developer:
8.05. Binding Effect. This
benefit of and shall be binding upon
and their respective successors and
ment, express or implied, shall give
parties hereto, and their respective
under, any benefit or other legal or
claim under this agreement.
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
Derrick Land Company
1650 Shelard Tower
Minneapolis, MN 55426
agreement shall inure to the
the City and the Developer
assigns. Nothing in this agree -
to any person, other than the
successors, and assigns, here -
equitable right, remedy or
8.06. Severability. In the event any provisions of this
agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remain-
ing provisions shall not in any way be affected or impaired thereby.
8.07. Execution of Counterparts. This agreement may be
simultaneously executed in several counterparts, each of which shall
be an original, and all of which shall constitute but one and the
same instrument.
8.08. Construction. This agreement shall be construed
in accordance with the laws of the State of Minnesota.
8.09. Headings. Headings at the beginning of sections
and paragraphs hereof are for convenience of reference, and shall
not be considered a part of the text of this contract, and shall
not influence its construction.
8.10. Sign Plan. Signs for the purpose of advertising
the subject property may be erected in accordance with t
i)-&r-'-s- i g -p 1-a -on-1-y of-t- -to- -ate Epp-r-Ew-a-1- -hy- t47-e C 3 t y
-tip ordinances.
8.11. Breach of any terms of this Agreement by the Developer
shall be grounds for denial of building permits.
8.12. Should an environmental assessment worksheet, environ-
mental impact statement be required by the City or another govern-
mental entity or agency, the Developer shall reimburse the City
for all expenses, including staff time and attorney's fees, that
the City incurs in assisting in the preparation of the review.
-16-
8.13. Before the final plat is signed -by -the -city filed
with the County Recorder, the Developer shall deposit with the laity
sa -is action security securing the full performance of this Develop-
ment Contract. The amount of the security shall be 110% of the esti-
mated cost as set forth in the attached exhibit. Upon the execution
of this agreement the City shall sign the final plat. The final
piapiat shall e held in escrow until the letter of credit has been
turnished to the City. -
8.14. The Developer shall provide a site erosion control
plan satisfactory to the City Engineer for the prevention of damage
to adjacent property and the control of surface water runoff during
the initial construction phases of the project. This plan shall
indicate the location of berm and temporary water retention areas
which shall be kept in good repair until permanent drainage control
is provided. All areas distributed by the excavation and backfilling
operations, except for the future paved portion of the streets shall
be reseeded as soon as practical after completion of the excavation
operation. In the event that, in the City's opinion, the Developer
has failed to adequately control erosion, the Developer grants the
City permission to immediately enter the property and take such
measures as it deems necessary to control erosion.
8.15. The Developer agrees to plant two two-inch trees
on every lot in the P.R.D. that does not already have two trees.
One of the trees on each lot may be an evergreen. The other tree
shall be one of the following species: Maples (including Norway,
Schwedler and Sugar), Linden American, Linden Littleleaf, Green
Ash, Honeylocust (Impartial, Skyline, and Sunburst), Hackberry or
Oak (including pin and White). A planting plan must be submitted
to and approved by the City Engineer.
IN WITNESS WHEREOF, the parties hereto have caused these pre-
sents to be executed on the day and year first above written.
CITY OF CHANHASSEN DERRICK LAND COMPANY
By
al
M
Mayor
President
By
City Manager Secretary
-17-
e
STATE OF MINNESOTA)
)ss
COUNTY OF )
On this day of , 19 , before me,
a notary public within and for said County,_,personally appeared
and
to me personally known, who being each by me duly sworn did say
that they are respectively the President and Secretary of the Cor-
poration named in the foregoing instrument, and that said instrument
was signed and sealed in behalf of said corporation by authority
of its Board of Directors and said
and acknowledged said instrument
to be the free act and deed of said corporation.
otar-y Public
STATE OF MINNESOTA)
)ss
COUNTY OF CARVER )
On this day of , 19 , before me,
a notary public within and for said County, personally appeared
Thomas L. Hamilton and Donald W. Ashworth, to me personally known,
who being each by me duly sworn did say that they are respectively
the Mayor and City Manager of the municipal corporation named in
the foregoing instrument, and that the seal affixed to said instru-
ment is the corporate seal of said municipal corporation, and that
said instrument was signed and sealed in behalf of said municipal
corporation by authority of its City Council and said Thomas L.
Hamilton and Donald W. Ashworth acknowledged said instrument to
be the free act and deed of said municipal corporation.
Notary Public
-18-
City of Chanhassen
690 Coulter Street
Chanhassen, Minnesota 55317
July 26 „ 1984
National City Bank of
Minneapolis
75 South 5th Street
Minneapolis, Minnesota 55402
Attention: Mark E. Johnson
Derrick Land Company
1650 Shelard Tower
Minneapolis, Minnesota 55426
Universal Title Insurance Company
121 South 8th Street
Minneapolis, Minnesota 55402
Re: Derrick Land Company: Fox Chase
Gentlemen:
This letter addresses the operating procedures under
which the City of Chanhassen (herein the "City") will autho-
rize disbursements pursuant to the agreement between the
City, National City Bank of Minneapolis (herein the
"Lender"), Derrick Land Company (herein the "Developer") and
Universal Title Insurance Company (herein the "Disbursing
Agent") described in the letter from Lender, Disbursing
Agent and Developer to the City dated the date hereof
(herein the "letter in lieu of bond") and certain other
matters in connection with the development of Fox Chase.
1. Chanhassen will rely upon the certifications of
Schoell & Madson, Inc. or Westwood Planning & Engi-
neering (either of which is referred to herein as
the "Private Engineer"), addressed to the Lender,
the Disbursing Agent and the City, each such cer-
tification setting forth the quality of workman-
ship, stage of construction according to the plans
and specifications, and certifying the work then
completed to date in terms of actual dollar
amounts, all as per the Development Loan Agreement
dated July 2, _)84 between the Developer and the
Lender. This letter hereby authorizes the Private
Engineer, subject to the conditions set forth in
Paragraph 2 herein, to certify on behalf of the
City work completed to date and disbursements by
the Disbursing Agent of the Lender's loan proceeds
payable therefor.
1
Universal Title Insurance Company
National City Bank of Minneapolis
July 26, 1984
Page 2
2. Each such certification by the Private Engineer
under Paragraph 1 above shall be mailed or hand
delivered to the Lender, the Disbursing Agent and
the City on the same day. The City shall have five
working days from the date of the postmark on, or
the date of acknowledgment of hand delivery of,
such certification, to perform its own independent
inspection (if the City so elects) and to object in
writing to such certification. Such objection in
writing shall be mailed or hand delivered to the
Disbursing Agent, the Lender and the Developer and
such objection shall be postmarked, or receipt of
hand delivery acknowledged, on or before the fifth
working day from the date of mailing or hand deliv-
ery of such certification as aforesaid. In the
event the City so delivers a written objection to
such certification, the Disbursing Agent and the
Lender shall not disburse any portion of the funds
to which objection is raised without the written
consent of the City. The City, in any such written
objection, shall state clearly which work it ob-
jects to, and which work it has approved, to date,
and for which payment is otherwise authorized. In
the event the Lender and the Disbursing Agent have
not received written objection to a certification
by the City in the manner aforesaid, the Lender and
the Disbursing Agent may rely upon such certifica-
tion to disburse sums described in the letter in
lieu of bond, provided that no more than 90% of the
sums so certified are thereby disbursed, and that
10% of such sums are retained until the final in-
spection pursuant to Paragraph 4 below.
3. The City reserves the right to suspend or to termi-
nate the authorization described in Paragraph 1
above at any time by delivering personally or by
mailing by certified mail, return receipt re-
quested, written notice to the Developer, the Dis-
bursing Agent and the Lender to such effect. Any
such suspension or termination shall be prospective
only, and shall not affect any certification issued
by the Private Engineer prior to such suspension or
termination by the City. If the City does suspend
or terminate the authorization described in Para-
graph 1 above, the City agrees that within five (5)
days the City will name a new inspecting engineer
or will make the inspection itself and will certify
to the Lender and to the Disbursing Agent that the
1
Universal Title Insurance Company
National City Bank of Minneapolis
July 26, 1984
Page 3
work completed and the amount to be paid out are
acceptable to the City. Nothing contained in this
paragraph, however, shall be deemed to waive the
City's right to independently inspect and certify
work prior to any payment being made therefor pur-
suant to this letter of undertaking.
4. Any language herein,.to the contrary notwithstand-
ing, this letter shall not constitute authorization
to the Private Engineer to act on the City's behalf
in making the final inspection of the completed
work as provided under the Planned Residential
Development Contract between the Developer and the
City dated July 20, 1983. Said final inspection
shall be made by the Chanhassen City Engineer as
specified in said contract. In any inspection, the
City Engineer may object to defects in the work
which may have been overlooked in previous inspec-
tions by the Private Engineer or by the City Engi-
neer. The fact that the City may have authorized
payments for _defective work shall not be deemed a
waiver of the City's right to demand that the work
be corrected.
5. The City hereby represents and agrees with the
Lender as follows:
a. The Planned Residential Development Contract
dated July 20, 1983 between the Developer and
the City, amended as of August 6, 1984, (the
"Development Contract") is in full force and
effect, has not been modified or assigned and
no event has occurred or failed to occur as of
the date hereof which but for the passage of
time, the giving.of notice or both, would be a
default thereunder.
b. The City consents to the conditional assign-
ment of the Developer's rights under the De-
velopment Contract to the Lender pursuant to
that certain Assignment of Planned Residential
Development Contract dated July 2, 1984, be-
tween the Developer and the City (the "Assign-
ment") .
C. Upon the occurrence of an Event of Default
under the Development Loan Agreement, the City
shall, at the Bank's request, continue per-
formance on the Bank's behalf under the Devel-
"_,
Universal Title Insurance Company
National City Bank of Minneapolis
July 26, 1984
Page 4
opment Contract in accordance with the terms
thereof.
d. The Bank may enforce the obligations of the
Development Contract with the same force and
effect as if enforced by the Developer; and
may perform the obligations of the Developer;
and the City will accept such performance in
lieu of performance by the Developer in satis-
faction of the Developer's obligations there-
under.
e. The City will give the Bank prompt written
notice of any default by the Developer under
the Development Contract.
f. The City will not terminate the Development
Contract on account of any default of the
Developer thereunder without providing the
Bank thirty (30) days to cure the default. In
the event the Bank elects to exercise its
rights under the Assignment as assignee of the
Development Contract, the City agrees not to
terminate the Development Contract so long as
the defaults of the Developer thereunder are
cured by the Bank within a reasonable time but
in no event later than December 29, 1985.
However, nothing herein shall require the Bank
to cure any default of the Developer under the
r
Development Contract.
g. The City agrees that any and all amounts dis-
bursed to the City pursuant to the letter in
lieu of bond shall be applied in payment of
the items set forth in Section 7.03(b) of the
Development Contract.
Very truly yours,
CITY OF CHANHASSEN
Universal Title Insurance Company
National City Sank of Minneapolis
July 26, 1984
Page 5
CONSENT
Derrick Land Company hereby consents to the provisions
of the foregoing letter and agrees that said letter does not
modify or restrict the -authorization granted by the under-
signed in the letter in lieu of bond, including particu-
larly, and without limiting the generality of the foregoing,
Paragraph 4 thereof.
DERRICK LAND COMPANY
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
December 16, 1983
Grannis, Grannis, Campbell and Farrell
Attn: Mr. Roger Knutson
403 Norwest Bank Building
161 North Concord Street
South St. Paul, MN 55075
Re: Derrick Land Company Development Contract
Dear Mr. Knutson:
In accordance with the Settlement Agreement and our phone conver-
sations, we have signed and released the plat for Fox Chase
Development. Similarly, Mayor Hamilton did sign the plat
recognizing that, in accordance with the Settlement Agreement,
such plat was required to be released when Settlement Agreement
amounts had been paid.
I disagree with your letter of December 6, 1983 regarding
discussion of the change to Section 8.13. If I would have been
aware that that section had been changed I.'would have recommended
denial. I consider this -a sharp departure from past practices.
I do agree that the developer can do nothing.until the letter of
credit is deposited and, secondarily, that should the property be
.sold/divested that -the city-is,under-no obligation to carry out
the public improvements. However, again, I do not believe the
council was aware of this fact and I must, -accordingly, notify
them of such.
By not notifying me of this change you deprived me of the oppor-
tunity to forewarn you as to our local practices. I do not want
to have this type of situation occur again.
Sin. cer ,
Don Ashworth
City Manager
DA:k
,_-N City of Chanhassen
Cal 'r and Hennepin Counties,-'-.znesota
In the matter of Chanhassen 'Planning Case : 79-4 PUD
Owner: Wilma Thompson Applicant: Derrick Land Co.
Street Address:
Legal Description: Plat of Fox Chase
P.I.N..
Purpose: To subdivide 52 single family detached lots
Zoning District: P-1, Planned Residential District.
The above entitled matter was heard before the Chanhassen
Planning Commission on August 22, 1979 and up for final
action before the Chanhassen City Council on March 7, 1983
The City Council ordered that a subdivision
f;aQta- be granted based upon the documentation contained in
Planning File 79-4 PuD.
Furthermore with the condition that the plat is subject to the
provisions of the Fox Chase Planned Residential District
Development Contract (Contract dated July 20, 1983).
State of Minnesota)
)ss
Carver County )
I, Bob Waibel City Planner for the City of Chanhassen,
do hereby certify that I have compared the foregoing with the
original record thereof, and have found the same to be a correct
and true summary thereof.
Witness my hand and official seal of Chanhassen, Minnesota, this
9th _ day of December , 1983
NOTE:
Chanhassen City Planner � �,.1
as
M
Council Meeting February 7, 1983
-21-
PLANNING COMMISSION APPOINTMENT: Councilman Horn moved to accept the
recommendation of the Planning Commission and appoint Tom Merz to the
Planning Commission. Motion seconded by Councilwoman Watson. The
following voted in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilman Horn. Councilman Geving voted no. Motion carried.
BOARD OF ADJUSTMENTS AND APPEALS APPOINTMENT: Councilman Horn moved to
appoint Susan Albee as a regular member of the Board of Adjustments and
Appeals and Mike Thomspon as the alternate. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hamilton, Councilwomen
Swenson and Watson, Councilmen Geving and Horn. No negative votes.
Motion carried.
HEART MONTH PROCLAMATION: Mayor Hamilton proclaimed February as Heart
Month in the City of Chanhassen.
JOINT MEETING WITH EDEN PRAIRIE AND CHASKA COUNCIL'S: On February 22 the
Chanhassen Council will host a joint meeting to discuss f'ighways 212 and
5.
JOINT MEETING WITH HRA:. The Council will meet with HRA members on
February 17th.
COUNCIL GOALS AND OBJECTIVES FOR COMMISSION MEMBERS: Mayor Hamilton will
talk with commission members about their involvement in the community and
how the council and commission's can work together to get things done.
This meeting will be held February 14th.
Councilman Geving moved to adjourn. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Geving and Horn. No negative votes. Motion carried.
Don Ashworth
City Manager
DAVID L. GRANNIS - 1874-1961
DAVID L. GRANNIS, JR. - 1910-1980
VANCE B. GRANNIS
VANCE B. GRANNIS, JR.
THOMAS J. CAMPBELL
PATRICK A. FARRELL
DAVID L. GRANNIS, III
ROGER N. KNUTSON
ROBERT R. KING, JR.
THOMAS M. SCOTT
GARY G. FUCHS
MARY S. VUJOVICH
LAW OFFICES
GRANNIS, GRANNIS, CAMPBELL & FARRELL
PROFESSIONAL ASSOCIATION
403 NORTHWESTERN NATIONAL BANK BUILDING
POST OFFICE Box 57
161 NORTH CONCORD EXCHANGE
SOUTH ST. PAUL, MINNESOTA 55075
612-455-1661
January 9, 1984
Mr. Don Ashworth
City of Chanhassen
Bxo 147, 690 Coulter Drive
Chanhassen, MN 55317
Re: Chanhassen v. International Surplus Lines Insurance
(Derrick Lawsuit - Attorney's Fees)
Dear Don:
12 I
FORMERLY
GRANNIS & GRANNIS
ESTABLISHED 1907
Enclosed is International Surplus Lines' check in the amount
of $5,500.00 in final settlement of the above case.
If you have any questions, please call.
rr%yy yours,
GRANNIS GRANNIS, CAMPBELL
& RELL
BY
I-
4eN. Knu son
vl
Enc.
RECEiVED
JAN 1 01984
C17*Y OF CHANHAS vw`�l