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1l Outlot A, Kellynne Addition',1 CITY OF PC DATE: June 18, 2002 CC DATE: July 8, 2002 REVIEW DEADLINE: 7/23/01 CASE #: 77-4 PUD By: Al-Jaff STAFF rEPOrT PROPOSAL: LOCATION: APPLICANT: Revoke Conditional Use Permit for Outlot A of Kellynne Addition for a walkway easement to the shore of Lake Minnewashta. West of Lake Minnewashta, east of the "bubble" of Hawthorne Circle Dave Peterjohn 3921 Hawthorne Circle Excelsior, MN 55331 (952) 826-4470 Guy and Linda Meyers 3980 Hawthorne Circle Excelsior, MN 55331 (952) 470-6063 PRESENT ZONING: RSF, Single Family Residential District ACREAGE: 2836.7 Square Feet DENSITY: N/A 2020 LAND USE PLAN: Residential Low Density (Net Density Range 1.2- 4 Units per Acre) SUMMARY OF REQUEST: The applicant is requesting revocation of a conditional use pmmJt for Outlot A of Kellynne Addition for a walking easement to the shore of Lake Minnewashta. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use per,nit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Lake St Joe I Location of Outlot A . David & Sally Peterjohn and Guy and Linda Meyers :kine-t-8 July 8, 2002 Page 2 BACKGROUND On July 17, 1978, the City Council approved a resolution approving the subdivision of 4.7 acres into 7 lots and one outlot, a conditional use permit for the use of Outlot A as a private beach lot for access to Lake Minnewashta and cul-de-sac frontage variances. The applicant entered into an agreement that stated the following: 25. Restrictions On Use Of Outlot a. Said Outlot A in the proposed plat shall be encumbered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be recorded in the office of the Carver County Recorder after said covenants have been approved by the City AttorT~ey. b. No structure, dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly boundaries of said Outlot A shall be constructed or maintained by any person. No changes in the use of said outlot shall be permitted except by an amendment to the within conditional use pemfit or by a rezoning of the premises. c. The City rese~a, es the right to review the within conditional use pen~zit at any time to determi~e compliance with all conditions of this permit and conditions may be added to the permit at any time if deemed necessary and in the public interest of the City following notice of public heari~g and following public hearing thereon. A covenant, which was prepared by the owner of the property, and approved by the city attorney at the time, was recorded against the property (copy attached). The covenant gave Lots 1 and 2, Block 1, and Lot 1, Block 2 a perpetual easement over and across Outlot A, Kellynne, to the shore of Lake Minnewashta. ~ Lot~ ICi~'Ow,~ed I Lotoo,^~,-~ xN .oc, L.' __o ~m Ha~horne Circle 'N Il ~ ~ _ ~Lot 4 Block1 J~ ~ ~ C~Own e~[Outl0t A ~2.-  Lot / 21 2, David & Sally Peterjohn and Guy and Linda Meyers 4kine-t4 July 8, 2002 Page 3 The soils on Lot 2, Block 1 and Lot 1, Block 2 were not suitable for development. They became city property through tax forfeiture. The owner of Lot 1~ Block 1~ have fee title to Outlot A. REQUEST/ANALYSIS The owners of Lot 1, Block 1, and Outlot A (Meyers), are in the process of selling their home and Outlot A. The owners of Lot 3, Block 2 (Peterjohn) wish to purchase the Meyers' property, combine the outlot with Lot 3, Block 2, and sell the house on Lot 1, Block 1, separately. The combination of Outlot A with Lot 3, Block 2 is fairly simple and can be done administratively. Prior to combining the property, the applicant wanted a release from the conditional use permit. Outlot A is 10 feet wide and widens to a 20 x 20 feet as it reaches the shore of Lake Minnewashta. It does not meet today's minimum standards for beach lots. View of Ot,ttlot A from Hawth ot~7. Circle View of Outlot A as it meets the shore of Lake Mi~mewashta A culvert is located at the end of Outlot A, in the 20 x 20 foot area, carrying stonm water into Lake Minnewashta. The city must retain a drainage and utility easement over Outlot A for maintenance purposes. Staff discussed this issue with Mr. Peterjohn and he expressed that he has no objection to the easement. The city has no other use for the property since it may not use its easement fights for public access to the lake. Culvert at the end of Outlot A as it meets the shore of Lake Minnewashta. David & Sally Peterjohn and Guy and Linda Meyers bmae-g8 July 8, 2002 Page 4 Section 20-237. Revocation and inspection states "(a) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council' s review of the permits. This beach lot is nonconforming and would not be permitted under today's standards (minimum lot width of 200 feet, minimum area of 30,000 square feet, etc.). Based on review of the city files, previous owners of this outlot have attempted to moor their boat on the shore of Outlot A. Also, in a letter from the current owners, they state that the covenant governing Outlot A is very restrictive "and have caused us at times, to wonder why we even had the use of the Outlot". As far as city fights to the outlot, the only need is to access the culvert and maintain the pipe that leads to it. This can be accomplished through the utility and drainage easement. Staff is recommending approval of revoking Conditional Use Permit attached to Outlot A, Kellynne Addition with conditions. PLANNING COMMISSION UPDATE: On June 18, 2002, the Planning Commission reviewed and approved this item with a vote of 4 to 2. Issues that were raised included: · Does the City own Outlot A? The City has a perpetual easement over and across Outlot A, Kellynne, to the shore of Lake Minnewashta for the purpose of lake access. This easement was attached to Lots 1 and 2, Block 1, and Lot 1, Block 2. When Lot 2, Block 1 and Lot 1, Block 2, went into tax forfeiture, they became city property and the lake access easement was inherited with them. · Who has fee title to Outlot A? Lot 1, Block 1, (Guy and Linda Meyers), have fee title and ownership of Outlot A. · Has the city discussed financial dealings with the applicant? The city will have a drainage and utility easement over the outlot to access the culvert. The city has no other use for the property since it may not use its easement fights for public access to the lake. The City does not have fee title to Outlot A. · Has the City contacted the property owners north of the Outlot? On July 1, 2002, staff spoke to Ms. Kathryn M. Howard regarding the outlot. She expressed no objection to the Peterjohns owning the outlot. However, she also explained that her family sold the house and she will contact the new homeowners to explain the situation to them. She indicated that it was logical for either the Peterjohns or themselves to own the outlot. On July 2, 2002, staff had a telephone conversation with Ms. Darcy Worley (Adam and Darcy Worley purchased the home located north of the outlot). Ms. Worley stated, "We support the revocation of the conditional use permit." She expressed interest in straightening the dividing David & Sally Peterjohn and Guy and Linda Meyers ~ July 8, 2002 Page 5 line between the outlot and Lot 4, Block 1. Staff encourages this scenario, however, the ownership of the land is private. At the June 18, 2002, Planning Commission meeting, Mr. Peterjohn expressed that he is willing to work with the adjoining property owners. The Planning Commission was also in favor of a straight line. They encouraged the applicant to pursue this option but chose not to make it a condition of approval. RECOMMENDATION: Staff recommends the m .......... e, ............... City Council adopt the following motion: "The m~,,;~,~ .......... s ............... City Council approves revoking the Conditional Use Permit attached to Outlot A, Kellynne Addition, with the following conditions: 1. A drainage and utility easement shall be dedicated over Outlot A in favor of the city, conveyed to the city over Outlot A. 2. Outlot A shall be combined with the adjacent property, under a single Parcel Identification Number." ATTACHMENTS: 1. Application and Notice of Public Hearing. 2. Memo from David and Sally Peterjohn, dated May 20, 2002. 3. Letter from Guy and Linda Meyers, dated May 27, 2002. 4. Letter from the city to a former owner of Outlot A. 5. Development agreement and Covenants pertaining to Outlot A. 6. Planning Commission minutes dated June 18, 2002. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION :)NE (Day time) Comprehensive Plan Amendment Conditional Use Permit interim Use Permit Non-conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision* Temporary Sales Permit Vacation of ROW/Easements variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CU P/SPPJVAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ;Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of transparency for each plan sheet. '* Escrow will be required for other applications through the development contract -When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING YES NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of Applicant · Signature of Fee Owner/,/' I Application Received on Date Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JUNE 18, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. ,-3AL: Revoke Conditional Use Permit APPLICANT: David Peterjohn LOCATION: Outlot A, Kellynne You are invited to attend a public hearing about a proposal in your area. The applicant, David ~eterjohn, is requesting to revoke a Conditional Use Permit, allowing a walking easement to Lake Minnewashta, Outlot A of Kellynne, located west of Lake Minnewashta and east of Hawthorne Circle, on property zoned RSF. Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's uest and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead public hearing through the following steps: Staff will give an overview of the proposed project. The applicant will present plans on the project. Comments are received from the public. Public hearing is closed and the Commission discusses the project. uestions and Comments: If you want to see the plans before the meeting, please stop by City Hall during hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, lease contact Sharmeen at 227-1134. If you choose to submit written comments, it is helpful to have one opy to the department in advance of the meeting. Staff will provide copies to the Commission. Iotice of this public hearing has been published in the Chanhassen Villager on June 6, 2002. St Joe Location of City Review Procedure Variances require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. The staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a decision. "A City Council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the zoning administrator within four (4) days after the date of the Commission's decision." "By majority vote, the city council may reverse, affirm, or modify, wholly or partly, the decision appealed from the Commission and to that end the city council shall have all the powers of the commission, or the city council may approve or deny the variance request..." Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Any person wishing to follow an item through the process, should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Minutes are taken and any correspondence regarding the application will be included in the report to the Commission. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. g:',user'~vicki",vari ance notice.doc Smooth Feed Sheets*M EEN F BOYER 0 VIRGINIA AVE ~YZATA MN 55391 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 Use template for 5160® KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 EEN F BOYER ~ 0 VIRGINIA ~  MN 55391 WAYNE A HOLZER TRUSTEE OF TRUST 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM O & STEPHANIE NAEGELE 3301 SHORE DR EXCELSIOR MN 55331 RK A & YOMARIE OLSEN I WASHTA BAY RD 2ELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 ESTATE OF HARRY/LOUISE AH1LENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 ;AN I FIEDLER DARTMOUTH DR ELSIOR MN GREGORY A & ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 '4ALD K & .CHERLYN SUEKER DARTMOUTH DR ;ELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 HERBERT J & PATRICIA L pFEFFER 2850 TANAGERS LN EXCELSIOR MN 55331 )ANNE GINTttER DARTMOUTH DR ELSIOR MN 55331 JONATHAN D & KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 RICHARD L & ANN M ZWEIG 3601 IRONWOOD RD EXCELSIOR MN 55331 )MAS JOSEPH MERZ l DARTMOUTH DR .~ELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 ANNALEE MARIE HANSON TRUSTEE OF TRUST 6400 GREENBRIAR EXCELSIOR MN 55331 PHEN C & KAREN A MARTIN DARTMOUTH DR :ELSIOR MN 55331 MINNEWASHTA SHORES INC C/O PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331 ROBERT W & SALLY P HEBEISEN 3607 IRONWOOD RD EXCELSIOR MN 55331 D & CATHERINE J SCOREY WASHTA BAY RD ELSIOR MN 55331 HAZEL P ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 JAMES O JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 :~R B & PAMELA J STROMMEN DARTMOUTH DR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 Smooth Feed SheetsTM Use template for $160® WILLIAM P & MARGARET COLDWELL 3501 SHORE DR EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 JOHN R & KRISTI J SESTAK 3688 LANDINGS DR EXCELSIOR MN 55331 STEVEN D & JUDY LEMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 JAMES L & CONNIE A VOLLING 3700 LANDINGS DR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 KAREL V & NANCI L VAN LANGEN 3411 SHORE DR EXCELSIOR MN 55331 BRUCE D & KARLA J WICKSTROM 3716 LANDINGS DR EXCELSIOR MN 55331 MINNEWASHTA HEIGHTS ASSN C/O JOHN WARREN, TREAS 5340 ELM TREE AVE EXCELSIOR MN 55331 MICHAEL ASR & TONI L HALLEEN MICHAEL JR & STEPHANIE HALLEEN 3351 SHORE DR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 WILLIAM J dC: EILEEN S STERNARD 6510 BAYVIEW DR EXCELSIOR MN 55331 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318 PAUL M & MARJORIE A MODELL 3441 SHORE DR EXCELSIOR MN 55331 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR YIN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 RICHARD & STEPHANIE F WING 3481 SHORE DR 'EXCELSIOR MN 55331 FLORENCE E BISCHOFF TRUSTEE OF TRUST 3331 SHORE DR EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO 3764 LANDINGS DR EXCELSIOR MN 55331 IOHN B MCKELLIP 11020 RADISSON RD ~;XCELSIOR MN 55331 WILLIAM & JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331 KENNETH C DURR 4830 WESTGAT. T.F_Mkq~ HOP_~~''''~ MN 55345 ,\rAYNE S HAGEN ~421 SHORE DR :~XCELSIOR KENNETH C DURR 4830 WESTGATE RD HOPKINS MN 55345 DANA L & NANCY M JOHNSON 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 3ARY A & KATtlLEEN A MUSGJERD ~031 TERRACE LN dlNNETONKA MN 55305 JEAN G GEISLER 3680 LANDINGS DR EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 .Smooth Feed SheetsTM Use template for 5160® NNEWASHTA CREEK HOMEOWNERS 3 N,~CY NARR 50 LINDEN CIR ~CELSIOR MN 55331 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 LARLES F & VICKI LANDING )1 MINNEWASHTA PKY iCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 JOAN E RASK 3728 HICKORY RD EXCELSIOR MN 55331 lOMAS & MARY ALLENBURG I MINNEWASHTA PKY 2ELSIOR MN 55331 JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKY EXCELSIOR MN 55331 MARGARET PARSONS & JOHN L PARSONS 3732 HICKORY RD EXCELSIOR MN 55331 RVER COUNTY RVER COUNTY GOVT CTR-ADMIN 4TH ST E ASKA MN 55318 STRATFORD RIDGE HOMEOWNERS ASN C/O KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 MICHAEL & SUSAN L MORGAN 3734 HICKORY RD EXCELSIOR MN 55331 E K BROS 1 MINNEWASHTA PKY SELSIOR MN 55331 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 ,4ES A & JEAN WAY 1 MINNEWASHTA PKY EELSIOR MN 55331 BENNETT J & SHARON M MORGAN 940 LAKE LUCY RD CHANHASSEN MN 55317 JAMES E GARFUNKEL TRUSTEE OF TRUST 3738 HICKORY RD EXCELSIOR MN 55331 R ANDERSON [STEE OF TRUST 1 MINNEWASHTA PKY 2ELSIOR MN 55331 NANCY H WENZEL 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 ESTATE OF YORK 3716 HICKORY RD EXCELSIOR MN 55331 JCE & KAREN BOSSHART MINNEWASHTA PKY ELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVDPO BOX 147 CHANHASSEN MN 55317 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 IERT M & PATRICIA A JOSEPH [ MINNEWASHTA PKY :ELSIOR MN 55331 CARVER COUNTY CARVER CO~Y-GOVT CTR-ADMIN 60 4SKH~~A E C MN 55318 GREGORY B OHRER 3706 HICKORY RD EXCELSIOR MN 55331 :VER COUNTY :VER COUNTY G( MN ADMIN 55318 RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 _Smooth Feed Sheets*M Use template for $160® GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN 55112 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOI-INSI 3637 SOUTH CEDAR EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 University Ave. W. St. Paul, MN 55114 DK CONSULT B V..,.,.~ LAAGNIEUWKOOP EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 JzUMES & PATRICIA A MOORE 3630 HICKORY RD EXCELSIOR MN 55331 JESSICA BELLE LYMAN 3603 RED CEDAR POINT RD EXCELSIOR MN 55331 GEORGE H & MELANIE B WERL 4849 SHERIDAN AVE S MINNEAPOLIS MN 55410 STEPHEN M GUNTHER & HELEN KATZ-GUNTER 3628 HICKORY RD EXCELSIOR MN 55331 RICHARD E & NANCY J FRIEDMAN 3601 RED CEDAR POINT RD EXCELSIOR MN 55331 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 ERIC L & LINDA M BAUER 3624 RED CEDAR POINT RD EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 STEVEN E & MARSHA E KEUSEMAN 3622 RED CEDAR POINT RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 AARON & ADRIENNE THOMPSON 3711 SOUTH CEDAR DR EXCELSIOR MN 55331 KATHLEEN LOCKHART 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS R & ELLEN ANDING 3631 SOUTH CEDAR EXCELSIOR MN 55331 MARIANNE I & RICHARD BANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR SAN LUIS OBISPO CA 93401 KATttLEEN LOCKHART 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 KENNETH W & RUTH J SMITH 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 LUMIR C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 EMIL & P SOUBA 14025 VALE CT EDEN PRAIRIE MN 55344 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR MN HELEN MARIE ANDING C/O MARY JO BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 KEVIN W & ANN J EIDE 3719 SOUTH CEDAR EXCELSIOR MN 55331 _Smooth Feed SheetsTM Use template for 5160® }BERT C & ANN OSBORNE [5 RED CEDAR POINT RD iCELSIOR MN 55331 SCOTT A VERGIN 7311 DOGWOOD RD EXCELSIOR MN 55331 FRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE CIR EXCELSIOR MN 55331 VIES P & SUSAN S ROSS ~5 SOUTH CEDAR CELSIOR MN 55331 KENNETH R & GLADYS BLOMQUIST 3900 MINNEWASHTA CT EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJON~./ 7700 M~VDPO BOX 147 CH~SSEN MN 55317 LLIAM R & RENEE M HAUGH ~'7 SOUTH CEDAR CELSIOR MN 55331 DAVID R WESTPHAL 3931 MINNEWASHTA CT EXCELSIOR MN 55331 GUY A-& LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 ~RK E AMBROSEN & 'N C SENN ;0 MAPLE SHORES DR CELSIOR MN 55331 L MARTIN & DONNA R JONES 7321 DOGWOOD EXCELSIOR MN 55331 EDWARD L MONSER & KATHRYN M HOWARD 3920 HAWTHORNE CIR EXCELSIOR MN 55331 NT J & JULIE A FORSS 0 MAPLE SHORES DR CELSIOR MN 55331 SHARON M ANDERSON 3921 MINNEWASHTA CT EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJONG~......---~ 7700 MAR~.T.-~VD PO BOX 147 CHAN~~EN MN 55317 Y P POCHARD & BRIELE H WITTENB URG 0 MAPLE SHORES DR 2ELSIOR MN 55331 JANET M QUIST ETAL 7331 DOGWOOD EXCELSIOR MN 55331 LOWELL A & KATHRYN L PETERSON 7411 MINNEWASHTA PKY EXCELSIOR MN 55331 kNCES T BORCHART MINNEWASHTA PKY :ELSIOR MN 55331 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 gALD D & COLLEEN K LINKE 1 MINNEWASHTA PKY _'ELSIOR MN 55331 WILMER & MARILYN LARSON 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 DAVID & SALLY PETER JOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 PHEN & SANDRA BAINBRIDGE MINNEWASHTA PKY MN 55331 JOHN & JOYCE FOLEY C/O RICHARD J FOLEY 4804 DUNBERRY LN MINNEAPOLIS MN 55435 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 W OAS DOGWOOD ELSIOR MN ALAN H & KAREN L DIRKS 7431 DOGWOOD RD EXCELSIOR MN 55331 GETSCH CORP C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 Smooth Feed Sheets'~r~ Use template for 5160® ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 SCOTT A VERGIN 7311 DOGWOOD RD EXCELSIOR MN 55331 FRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE CIR EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 KENNETH R & GLADYS BLOMQUIST 3900 MINNEWASHTA CT EXCELSIOR MN 55331 CITY OF CHANHASflM~"" C/O BRUC~G 7700~MSt'KET BLVD PO BOX 147 CHTr. NHASSEN MN 55317 WILLIAM R & RENEE M HAUGH 3727 SOUTH CEDAR EXCELSIOR MN 55331 DAVID R WESTPHAL 3931 MINNEWASHTA CT EXCELSIOR MN 55331 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 L MARTIN & DONNA R JONES 7321 DOGWOOD EXCELSIOR MN 55331 EDWARD L MONSER & KATHRYN M HOWARD 3920 HAWTHORNE CIR EXCELSIOR MN 55331 KENT J 8: JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SHARON M 2UNDERSON 3921 MINNEWASHTA CT EXCELSIOR MN 55331 CITY OF CHANHASSEN c/o ~d~JON~ ~",-~ ,'-, ,," ' :72.J 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 GUY P POCHARD & GABRIELE H WITTENBURG 3870 MAPLE SHORES DR EXCELSIOR MN 55331 JANET M QUIST ETAL 7331 DOGWOOD EXCELSIOR MN 55331 LOWELL A & KATHRYN L PETERSON 7411 MINNEWASHTA PKY EXCELSIOR MN 55331 FRANCES T B ORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 55331 DONALD D & COLLEEN K LINKE 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 WILMER & MARILYN LARSON 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 STEPHEN & SANDRA BAINBRIDGE '7351 MINNrEWASHTA PKY EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O RICHARD J FOLEY 4804 DUNBERRY LN MINNEAPOLIS MN 55435 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 ROGER W OAS 730t DOGWOOD EXCELSIOR MN 55331 ALAN H & KAREN L DIRKS 7431 DOGWOOD RD EXCELSIOR MN 55331 GETSCH CORP C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 _Smooth Feed SheetsTM Use template for 5160® HOMEOWNERS ASSN SCHNEIDER, TREASURER PO BOX 103 !ANHASSEN MN 55317 DAVID L & AMY M BUSCH 7504 77TH ST W CHASKA MN 55318 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 R & SHERYL A BJORK )0 LONE CEDAR CIR MN 55318 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 PETER T & DEANNA O BRANDT 7570 DOGWOOD RD EXCELSIOR MN 55331 ANN TESTER 17 LONE CEDAR LN MN 55318 IVAN & MILDRED UNDERDAHL 7502 77TH ST W CHASKA MN 55318 SCOTT A BROIN & SHARON L PAULSON 3840 LONE CEDAR CIR CHASKA ' MN 55318 HOMEOWNERS ASSN B F SCHNEIDER. R PO BOX 103 MN 55317 AUGUST B & AMY J SIEFKER 3895 LONE CEDAR CIR CHASKA MN 55318 JEFFREY J & DEBRA J PAPKE 6180 CARDINAL DR S EXCELSIOR MN 55331 S & JENNIFER STENSRUD 0 77TH ST MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 STEPHEN B & JANE C VONBEVERN PO BOX 874 CHANHASSEN MN 55317 P CORNELISON & J TRAINOR 2 77TH ST W MN 55318 DOUGLAS M & GINGER B POLINSKY 3894 LONE CEDAR CIR CHASKA MN 55318 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 M & PAMELA JOHNSON 8 LONE CEDAR LN MN 55318 JOHN & VERNA PETER JOHN 3892 LONE CEDAR LN CHASKA MN 55318 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 EPH A & PAULA D EPPING 77TH ST W MN 55318 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 CORP MARJORIE GETSCH DOGWOOD RD ELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BI~I3[BOX 26 CHANHASSEN MN 55317 B & DIANE V ZAMJAHN 77TH ST MN 55318 JAIMES F & DOLORES LIPE 3880 LONE CEDAR LN CHASKA MN 55318 ANTONINA Q FERNANDEZ 7620 CRIMSON BAY RD CHASKA MN 55318 Smooth Feed SheetsTM Use template for 5!60® PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 ABRAHAM & DOROT~ARIAO 3750 ARB ORE~I3EB OX 26 C H .~~S.,S-L:~ MN 55317 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA MN 55318 ROBERT W & MARY M HAGEMAN & MICHAEL E & JENNIFER GRAVES 7660 CRIMSON BAY RD CHASKA MN 55318 ROB M &CALI L OLSON 7700 CR~/ISON BAY RD CHASKA MN 55318 RICHARD A & D~URLENT J HANSON 7750 CRIMSON BAY RD CHASKA MN 55318 Memo To: City Council Members of Chanhassen From: David and Sally Peterjohn Date: May 20, 2002 Re: Request to Revoke Conditional Use Permit- Outlot A Kellyene Addition We would like to request approval by the city council to revoke the conditional use permit for Outlot A, Kellyene addition. Outlot A is a non-conforming Beachlot that resides between our property at 3921 Hawthorne Circle and 3920 Hawthorne Circle. Outlot A is a 10-foot wide strip of land between the properties that widens to 20 feet at the lake. (Lake Minnewashta). The current fee title owners of Outlot A and owners of the residence at 3980 Hawthorne Circle, Guy and Linda Meyers have agreed to sell the Outlot A to us as they are moving out of state. Three pieces of property have conditional use of this property, the Meyers property at 3980 Hawthorne Circle, and two lots owned by the city at Lot 2 block 1 Kellyene addition and Lot 1 block 2 Kellyene addition. Each of the city lots has been designated wetlands and are not buildable lots. Our intent is to secure approval to revoke conditional use of the beachlots by the city, purchase Outlot A from Guy and Linda Meyers and file a corrective deed to merge Outlot A into our current property at 3921 Hawthorne Circle. The city would retain easement rights over the property for utilities and maintenance of a drainage pipe that runs through Outlot A. We have lived at 3921 Hawthorne Circle for 13 years. During that time, there have been 5 owners of 3980 Hawthorne Circle and subsequently Outlot A. In 3 cases, the · Page 1 new owners never saw the covenants governing the .use of Outlot A prior to purchasing the residence. This has led to misunderstandings of beach rights. By purchasing Outlot A and merging it into our current property, we will be retiring a problem parcel of land and maintaining the city's access for easement and maintenance of the drainage pipe. We hope this action will be the cure of problems in the future for us, our neighbors and the city. We would greatly appreciate your vote to revoke the conditional use of Outlot A by lot 2 block 1 and lot 1 block 2 of the city of Chanhassen. Respectfully submitted, David and Sally Peterjohn Page 2 · ~UN-~00~ 09:55 L~OU~H N$S 95~8~65574 P.02/02 GUY & LINDA MEYERS 3980 Hawthorne Circle Excelsior MN 55331 (952) 470-6063 May 27, 2002 To: Members of the Chanhassen City Planning Commission Members of the Chanhassen City Council Re: Request to Revoke Conditional Use Permit - Outlot A Kellynne Addil:ion We are the current owners of Outlot A and have lived here for 3 years. When we purchased our house at 3980 Hawthorne Circle, we were told of the existenCe of covenants pertaining to the use of the Outlot. However, we did not see a copy of the restrictions until we actually closed on the house. The covenants are very restrictive and have caused us at times, to wonder why we even had the use of the Outlot. We have not been able to drive on the land, or leave any personal belongings of any kind on it. We have a boat, but have been unable [o dock it because of the restriction of no permanent structure being built. After talking with the neighbors as well as talking with a City Planner, we discovered the intention of the Developer of our street. He had written up the Covenants for Outlot A so that Kellynne Lot 2 block 1,and Lot 1 block 2, as well as our lot, would have beach access. Once the 2 other lots were deemed unbuildable, the use of the Outlot has fallen to the owners of 3980 Hawthorne Circle. We decided pretty quickly that when we moved from the neighborhood, it would make sense to sell the Outlet to either of the neighbors to merge into their tots. Thus eliminating the confusion and misunderstanding that have occurred in the past between neighbors. Revoking the Conditional Use Permit to the Outlot would be beneficial to the City; restricting the use and abuse of so many people using Lake Minnewashta. It would also eliminate a potential problem for the neighborhood. Sincerely, Guy & Linda Meyers TOTAL P.02 July 5, 1988 690 COULTER DRIVE · P.O. :BE~X 147 · CHANHASSEN, M'I~RESOi'A 55317 (612) 937-1900 Lyn Hall 3980 Hawthorne Circle Excelsior, MN 55331 Dear Mr. Hall: As you are aware, there have been complaints about the mooring of your boat located on Outlot A at the end of Hawthorne Circle. As I stated to you over the phone, the City does have control of the docking of boats and activities occurring on recreational beach- lots but does not have regulations on the mooring of boats within a lake. Upon site visit it was confirmed that your boat is moored in the lake but is anchored on Outlot A. Therefore it can be defined as being docked on the land and can be enforced by the recreational beachlot ordinance. The recreational beachlot ordi- nance would not permit the docking of a boat on Outlot A, there- fore, for the the boat to remain, the anchor must be removed from Outlot A. If the boat remains anchored to Outlot A, the City will have the authority to require the boat to be removed. Should you have any questions, please feel free to call me. Sincerely, Jo Ann Olsen Assistant City Planner JO:ktm CITY OF CHAN~{ASSEN KELLYNNE ADDITION CONDITIONAL gSE PERMIT,' DEVELOPMENT CONTRACT AND VARIANCE CONTRACT WI{EREAS, application has been made by James K. McCleary, Carolynne McCleary, Clifford J. Carson and Mardeth D. Carson as the fee owners of a tract of land lying within the Ci%y of Chanhassen and more particularly described on Exhibit A attached hereto and made a part hereof for subdivision approval, the necessary condi- tional use permits and variances from the literal provisions of the Chanhassen Subdivision Ordinances to allow subdivi'sion of the above described tract into seven single family residential building sites and one outlet to be platted as the plat of Kellynne, Carver County, Minnesota; anct WI{EREAS, the subject property is presently zoned R-i, Single Family Residence District; and WIIEREAS, the Applicants propose to use Outlet A as a .n_~_ighborhood association beach lot;' and t,I~EREAS, use of Outlet A as a private beach lot is mitted ........................................ per- ...... on lands zoned R-1 only uPo~ '~'~-Gh-~-6'"of' a ~nditi~nal use permit' as provided il] ChanhaSsen-b~-d~an~e 47; and. - WI{EREAS, Section 23.05 of the Chanhassen Zoning Ordinance authorizes the chanhassen 'City 'C0UH' '-l-~ ~_~_u _- ~_=- ......... to protect adjacent properties; and - WHEREAS, tt]e Applicants have requdsted cul-de-sac frontage variances from tho design standards of the Chanhassen Subdivision Ordinance; and WI]EREAS, it is t}te f~olicy of the City Council to impose conditions upon thc granting of such variances to insure compliance with ot~]er applicable City Ordinances and to protect adjacent properties; and Wi]EI{EAS, a public hearing was held by the Chanhassen Planning Commissiol~ on May 10, ]978 to consider public comment on tile proposed subdivision and the granting of the conditional use permit for a neighborhood association beach lot; and WHEREAS, the Cit P .... ~ ..... y lann~ng Commission has g~ven consideration ,to the application ~nd 1~-r'ecOnmleh-d-e~]~--~-~'n---~-~r~'~n-~-n-~-~-t-i-~-~-~ ............ and " WHEREAS, the Chanhassen City Council its resolu- hast. tion datediu-Yp--~7,-l~7[[ ~S~Sd-[he conditional s~~Vi~-i~n-~Q[i'd-S'{ '-hnd var'ia~nd'd'requests of ~he to and on condition that the Applicants enter into this agreement. NOW, T~IEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City"), of the Applicants' proposed [}lan, the _g_r_~a.n_~_i~' of % ....... conditional use permit to the Applicants herein 'to'dove.lop :~--n-~--"main- ~~-approvaI'-6-f~--{l%'S'-'K~N-I'icants"--f'rontage requirements variance requests, the City and the Applicants agree as follows: 1. Im}rovements bv~}licants. Applicants agree at their expense to construct, ~nstall and perform all work and furnish all materials and equipment in connection with the installa, tion of the following improvemeI~ts in accordance wit.)~ the preliminary plat described in Section 27 below. a. Street grading, stabilizing and bituminous surfacing; b Surmountable concrete curbs and gutters; c Sanitary sewer mains; d ','~a t er mains; e Storm and surface wate~- drainage; f Street signs; g !3oulevard sodding; h Driveway surfacing w{ti:in the public street right of way; i. Underground utility li~os; and j. Street lighting. 2. Standards of Construction. Applicants agree that all _ of the foregoing ilnprovements shall ecuat or exceed City standards, shall be constructed and install_od in accordance with engineering plans and specifications approved by the City engineers and the uequiru~:~ents of api}licable City ordinances and standards, and that all of said work shall be subject te the supervision of the City cng ineers. 3. Materials and Labor. All of tt~e materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be ef uniformly good and workmanlike quality, shall equal er exceed City standards and specifications, and shall be subject to tl~e inspection and approval of the City. In case any material or labor supplied shall be }.-ejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor s]~all be done anew to the satisfaction and approval ef the City at t]~e cost and exl}ense of Applicants. -2- 4. Scl]edu]e of Work. The At)l>licants shall submit a written schedule indicating the, proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants ]]ave no control which will delay the completion of the work, the City, in its discretion, may extend the dates herein- after specified for completion. 5. Roads, Sanitary Sewer, Water and Storm Sewer Facilities. a. Plans and Specifications. The Applicants agree to cause their engineers to prepare all plans and specifications neces- sary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities, including a final grading plan in and for said plat, said plans and specifications to be.in substantial accord with the proposed plans thereof prepared by Gordon R. Coffin Co;npany, Inc., and dated , 1978, with the following modi fica tions - -- - The Applicants may, at their option, reduce width of Jml~rovCd street by up to twenty-one ~ nches. ii) All plans and specifications shall be subject to the final approval of the City Engineers. iii) Street configuration shall be governed by the Site Plan and Preliminary Plat which was approved by the Chanhassen City Council on July 17, 1978, which docum'ent is on file in the office of the Chanhassen Zoning Administra- tor as "May 24, 1978 Planning Commission Exhibit A" b. As-Built Plan. Upon completion of construction, Applicants shall cause their engineers to prepare and file with the City an "as built" ~]an showing the installation of the foregoing facilities within the plat. c. Easements. Applicants, at their expense, shall acquire all caseins>]its from abutting prol)erty owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Applicants shall reim- burse 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 wit]~in agreement and the performance thereby by the Applicants. 7. Disclaimer by Citt!. It is understood and agreed that the City, the City Council, and the ag~.~nts and employees of the City shall not be personally liable or responsible in any manner to the Applicants, the Applicants' contractors or sub-contractors, materialmen, laborers~ or to any other person, firm or corporation whomsoever, for any debt, 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 improvements hereunder; and t]~at the ,~pplicants will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 8. Written Work Orders. The Applicants shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unles'$ a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Appli- cants without such written order first being given shall be at their own risk, cost and expense, and Applicants hereby agree that without such written order, At~plicants will make no claim for compensation for work or materials so done or furnist~ed. 9. Performance Bond. For the purpose of assuring to the City that the improvements te be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreemont, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance ef this agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bend approved by the City and naming the City as obligee thereunder, er an irrevocable letter of credit approved by the City in the following amount, which is equal to ll0 percent of tho tota.[ cost e/ the improvements as estimated by School] & Hadson, Inc., t}~e City Engineers, as fellows: Total Estimated Cost: Escrow Det}osit - 110%: $46,199.00 $50,819.00 10. Boulevards and Driveways. The Applicants agree to furnish, construct and install, at Applicants' sole expense, the following improvements for the benefit of each lot within the plat in accordance with the preliminary plat described in Section 27 below: a. l~oulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right- el-way, the materials and installation of which s]~all be approved by the City Engineers. For the purpose of assuring to t]~e City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of' this agreement, Applicants, or their assigns, agree to dc~)osit the sum of $ per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. 11. Erosion Control. Applicants, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimenta- tion and erosion of lands and roads within and outside 'the plat during all phases of construction, including construction on indivi- dual lots. Applicants shall keep all streets free of all dirt and debris resulting frown construction by the Applicants, their agents or assignees upon the lands described in Exhibit A here{o. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The exi>ense of furnishing electrical energy for street lighting purposes shall be assumed by the City months after the com[~letion of installation of the street lighting system, or after of the building lots have been improved by the construction of 'residences thereon, whichever is first to occur. 14. Replacement of. Defective Work. Ail work and materials performed and furnished hereunder by the Apl~licants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long as the Applicants' obligations under paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' 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 $100,000 for one person and $300,000 for each accident; limits for property damage shall be not less than $100,000 for each .accident. The City shall be named as co-insured on said policy and the Appli- cants shall file a copy of the insurance coverage wit]] the City. 16. Water and Sewer Revenues. Ail water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance_ of Im}~rovements. Upon completion of the installation by Applicants of tt2e improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants 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. ., 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. . . Applicants agree that issuance of a building permit on Lot 3, Block 2 of the subject plat shall be contingent upon determination by the City Engineers that soil conditions on said lot are adequate for t~e construcuion of a single family residence. Tt~e occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bitu- I.~inous base course of the streets sha].l i~ave 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. 19. Remedies Ut}on Default. a. Assessments. In the event the Applicants shall default in the performance of any of tho covenants and agreements herein contained, an~ such default shall not have been cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, jf it so elects, may cause any of the improvements des cribed in ?aragrapl~ 1 above to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chap. 429, in which case the Applicants agree to pay the entire amount of the assessment role pertaining to any such improvement within thirty (30)' days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific l]en on all of Applicants' real property within said plan for any amount so unpaid, and the City shall have tl~e right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. Performance ,Bond. In addition to the foregoing, the City may also institute legal action against'the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City far the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall,reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 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 contract and permit to restrain or abate violations of 'the within contract and permit, or to prevent use of occupancy of the proposed dwellings. '~ 20. S}~ecial Conditions~ Landscaping and location of struc- tures on individual lots shall b'e determined through discussions between City staff and Applicants or their assigns prior to issuance of building permits, subject to the following standards and conditions: a. ]~andscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. ]~ the event agreement (:annot be reached between tile City staff and Applicants or their assigns, the City shall have the right, 'at the expense of the Applicants or their assigns, to engage the services of the City Engineer, Planner, a land- scape architect, a soil. conservation consultant alid otheus to advise as to specific problems. c. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. d. Applicants agree to provide individual site drainage, basement waterproofing and footing drains for each residential structure to be constructed within the subject property. 21. ~ecc][~t of Engineers' Re})ort Acknowledged. Applicants acknowledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated May 5, 19~8, relating to existing water services and existing sanitary sewer services to serve the plat, and agree to be bound by the determination of the City regarding any redistribu- tion of existing assessments, the imposition of future assessments for proposed Lots for sanitary sewer and watermains. 22. Easements To Be Shown On Plat. Drainage and utility easements on all lots shall be shown on the final plat. 23. Trees To Be Provided. The Applicants shall provide eaci~ lot witi% one boulevard tree of a specie acceptable to the City Forester and of a diameter of not less ti%an 1-1/2" 24. Easement Over Outlet. The owners, their heirs and assigns or Lots 1 and 2, Block 1 and Lot $, Block 2, Kellynne s]~a]l have a porL~etual easement over and across Outlet A, Kellynne for access to Lake ~4~nnewashta, ~rom the road shown in the plat of Kellyne to the shore of Lake ~4innewashta. " I;~-----~ 25. Restrictions On Use Of Outl. ot. a. Said Outlet A in the proposed plat shall be encum- bered with restrictive covenants which shall regulate the use and maintenance of the subject property. Said restrictive covenants shall be ~ecorded in the office of tt~e Carver County Recorder after said covenants have been approved by the City Attorney. b. No structure, dock, pier, boat slip, ooat lift or hoist, either on said Outlet A or in the waters of Lake Minnewashta between the easterly extensions of the northerly and southerly bound- aries of said Outlet A shall Oe constructed or maintained by any person. No changes in the use of said outlet shall be permitted except by an amendment to the within conditional use permit or by a rezoning of the premises. c. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of this permit; and conditions may be added to the permit at any time if deemed necessary and 5n t]~e public interest of the City following notice of public hearing] and following public hearing thereon. 26. Address of A[~l~licants. The address of the Applicants for purposes of this conditional use permit and variance contract is: 1233 Trailwood [~ortt~, I{opkins, Minnesota 55343. 27. Final Plat. The Applicants agree to proceed immediately with the preparation of their final t~lan which shall conform to their preliminary plat which was approved by the Chanhassen City Council on July 17, 1978, which document is on file in the office of the Chanhassen Zonin~j Administrator as "~,lay 24, 1978 Planning Commission Exhibit A" 28. Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they are fee owners of the subject property. 29. Successors And Assigns. It is agreed by and between the parties hereto th'at' the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. 30. Effect of Conflicting Ordinance Provision. The parties hereto acknowledge that the plat des'cribed in Section 27 above conflicts with the literal provision for lot widths contained in Section 8.06 of the Chanhassen Subdivision Ordinance. The parties hereto further acknowledge th.at in accordance with the above described resolution of the City Council approving certain variances to said Section 8.06, the proposed development may be platted in accordance with the preliminary plat described in Section 27 of this contract and permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the da), and year first above written. James K. McClea~yJ C a {"o i,~,nfie" M~C 1 e a ry CITY OF CHANHASSEN Mayor / /' ? : ~ Attest' /"- / Clerk?~i. anager ': .._ STATE OF MINNESOTA ). ) SSo COUNTY OF CARVER ) On this //>~"-' day of ''~~+~ , 1979 before me, a notary public within and for said"-'Count/y;, personally-appeared ~,{~/.."..'O'~/:L'.... ,.].../,~'-,./'~..~.~' ' and '/~,U~.> ,;'.~'TLZ,_2D-'~X'J, ' ', to me person- ally known, wh'o, being each bY ~ne duly sworn, di~ say that they are respectively, the Mayor and City Manager of the municipal corporation. named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corpo,ration by.aBt.~h°rity..-- of its City CoFncil and said acknowledged said instrument to be the free act and deed of said corporation. STATE OF OREGON ) ) SS. COUNTY OF WASt4INGTON ' ) ~/:~'..,z,..~,-~. :-.~.--~ ~. ~,z.,:. ' '7 L" , C.: Notary Pu:lic ~).,c~Z,,/ C oun ty, Minne s o t a My co~isk'ion expires ~e:.~O~.~'.//, /??3 .... ~ ..:,;;::, ::;¥. KAREN J. ENGEEHARDT ¢ /~1~ ll~ NOTARY FU{:L¢C - '.J ';UESOTA On this 14 da), of June , 1979, before me, a notary public, within and for said Count}', personally appeared James K. HcCleary, to me known to be the person described in, and who execu.ted the foregoing instrument, and acknowledged that he e~cecuted the same as his free act and deed. ¥ ,.:,.., ..¢';,.: :/S. Notary Public Washington C o unty, ~~0~N Hy co~ission expires May ~0, 1982 STATE OF OREGON ) COUNTY OF WASHINGTON ) On this 14 da}, of June , 1979, before me, a notary public, within and for ~a'id County, personally appeared Carolynne HcCleary, to me known to be the person described in, and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. · . -.:... v Notary Public Washington County, ~0REG0i My commission expires May 30, 1982 L X H I B I T A -- Plat of Kellynne All of' the Northerly 333.7 feet of Government Lot 4, in Section 8, Township 116, Range 23, Carver County, Minnesota lying West of the Westerly shore of Lake Minnewashta, excepting the Westerly 150.0 feet of the Southerly 191.7 feet of the Norther.~y 333.7 feet of said Government Lot 4, and excepting that portion lying within the right of way limits of County Road 15 as now laid out and constructed. COVENANTS James K. McCleary and Carolynne McCleary, his wife, owners of land described as Lots 1, 2, 3 and 4, Block 1, and Lots 1, 2, and 3, Block 2, Outlot A, Kellynne, Carver County, Minnesota, for the purpose of creating and specifying the rights of the owners of certain of the above described lots over said 0u'tlpt A, hereby covenant as follows: ~ ~ 1. The owners and their heirs and assigns of Lots 1 and 2, Block 1, and Lot · 1, Block 2, Kellynne, Carver County, Minnesota, shall have a perpetual easement over and across Outlot A, Kellynne to the shore of Lake Minnewashta; provided, however, that no such person shall construct or maintain any dock, pier, boat slip, boat lift or hoist, either on said Outlot A or in'the waters of Lake Minnewashta between the easterly extensions of the north and south boundaries of said Outlot A; nor shall any such person drive any motorized vehicle on or over ~,aid Outlot A. 2. No person shall cause or allow to be parked, stored or placed upon Out!or A any vehicle, trailer, boat~ structure or personal property of any kind whatsoever whether or not a part of the real estate. 3. The owners and ~heir heirs and assigns of said Lots 1 and 2~ Block 1 and Lot 1, Block 2~ Kellynne, shall maintain said Outlot A and keep it free of noxious weeds, trash, litter and garbage~ and shall keep any grass thereon ~p, owed o All ow~crs of Lots 1 and 2~ Block 1, and Lot l, Block 2, and each of them, are obligated to maintain said Outlot A according to the terms of this covenant, and said obligation may be enforced in any court of jurisdiction by the City of. Chanhassen or by any owner of Lots 3 and 4~ Block 1, and Lots 2 and 3, Block 2. ~'' , As an additional remedy, the City of Cl~anhassen or any owner of Lots 3 and 4, Block 1, and Lots 2 and 3, Block 2, may recover by action in a court of juris- diction from said owners of Lots 1 and 2, Block l, and Lot i, Block 2, or any of them, all amounts reasonably expended by the party recovering for maintenance of Outlot A as set forth herein if said expenditures were made after seven (7) days fro?a written demand npon any such owner of Lot 1 and 2, Block 1, and Lot 1, Block 2. 4. These covenants are for the mutual benefit of all owners of land in Kellynne, Carver County, Minnesota, and the easements herein shall remain forever for the benefit of and encumbrances against Lots 1 and 2, Block I, and Lot 1, Block 2, Kellynne, Carver County, Minnesota. WHEREFORE, the undersigned have hereunto set their hands on this 14 day of June , 1979. James K. Car°l~ MCCleary $ OREGON STATE OF ~'"~-~'~'~ )SS, COUNTY OF WASHINGTO~ - The foregoing instrument was acknowledged before me this 14 day of June, 1979, by James K. McCleary and Carolynne McCleary, husband and wife. , . · , · , NoTARy STAMP.' OR SEAL James K. McCleary and Carolynne McCleary, husband and wife. Karler~ Thom~ Signature of person taking acknowledgment. Commission Expires: May 50, 1982 Planning Commission Meeting - June 18, 2002 Steve Gunther: I offered 3 options. You voted on 1. There are other options. Blackowiak: Right, I understand that. I think your best bet is just to go to City Council with what you want to do and they can decide. As I stated earlier item number 3 was removed from the agenda tonight at the applicant's request so we're moving onto item number 4. PUBLIC HEARING: CONSIDER A REQUEST TO REVOKE A CONDITIONAL USE PERMIT ALLOWING A WALKING EASEMENT TO LAKE MINNEWASHTA FOR OUTLOT A OF KELLYNNE~ LOCATED WEST OF LAKE MINNEWASHTA AND EAST OF HAWTHORNE CIRCLE~ ON PROPERTY ZONED RSF~ DAVID PETER,JOHN. Sharmin Al-Jaff presented the staff report on this item. Blackowiak: Thank you. Conm-fissioners, questions of staff. Feik: I just have a really quick one. The owner of Lot 4, Block 1, have they been consulted at all? A1-Jaff: Yes. Feik: And the response? A1-Jaff: They have no issue with it. In fact, and this is a fairly minor issue that can be handled administratively. If you look at the shape of that 20 by 20. 5 feet of this kind of flares out and one of the things that the owner of Lot 4 has discussed with Lot 3 was potentially extending this line straight so you don't have this jog, and of course staff prefers that option. And again this is something that we can handle administratively. Feik: Okay. And technically you said that the sole owner of that outlot was Lot 1, Block 1. Does the City also not, due to the forfeiture of the 2 lots, do we not also have parcel title to that? Aanenson: Yes we do. Sacchet: It's a city beach. Feik: In that we own the other two lots. Not we, the city owns the other two lots which this is attached to as a beachlot. A1-Jaff: There's an easement in favor of those two lots. Feik: I'm just point of clarification. Aanenson: Yes we do have an interest but we don't see any... Feik: I'm not disputing that a bit. It was just a statement made that the only interested party was Lot 1, Block 1 and I guess I just want a clarification of that. Aanenson: Yes. 16 Planning Commission Meeting -June 18, 2002 Feik: Thank you. Blackowiak: Okay. Any other questions? Uli. Sacchet: Real quick. The Peterjohn's are just interested in that strip of land or are they actually the ones acquiring the Lot 1 I think that was, in Block 17 Do we know? Are the Peterjohn's actually acquiring Lot 1, Block 1 or are they just interested in that strip? Just for clarification because that wasn't clear in the report. A1-Jaff: They are, they're actually taking both the house as well as the outlot and then selling off the house separately. Sacchet: Okay, so Lot 1, Block 1 as well. Got it. Just want to clarify. Okay, that's it. Blackowiak: Okay Rich. Slagle: Say that again. I mean I just want to be clear. A1-Jaff: They are buying the outlot as well as Lot 1, Block 1. They intend to combine the outlot with their property, meaning the Peterjohn's Lot 3, Block 2. And then selling off Lot 1, Block 1 without Outlot A. Slagle: If I can ask, with all due respect. You in essence have two lots the city owns, whether, however we use them currently. We use them. A1-Jaff: Storm pond purposes. Slagle: Okay. We have a, in essence a partial right to a beachlot, however small it may be. We're interested, at least the way the presentation is going, of giving title away to them to an owner who's then going to buy the other property that has in essence title to this. Sell it and then in essence own a larger lakefront lot. Aanenson: That's correct. Slagle: And is there any, I mean I don't know if we've talked to the attorney or what now. Is there any financial dealings here? I mean is the city, because and the only reason I ask this is Kate, the only reason I ask this is because in the past we've had discussions on other situations, especially Lotus with that path and there's been a, what's the word I want to say. An opinion that at least that's been presented that the city really take seriously any easements, any land that they own around lakes, water property because of it's value. Aanenson: Let me separate the two issues. That's a good question. And Sharmin said this but let me just clarify it again. The City's interest is the storm water pipe and the outlet. We, as a condition of approval are maintaining our interest in that. They will still have to dedicate easements so we have a right to go over it. It's a non-conforming access. It doesn't meet any of the beachlot standards. So in that respect we think we're reducing a non-conforming situation. We still have our interest to access our pipe to maintain it, which is the only thing we use it for, and we're just eliminating a non-conforming situation that only is providing access to one lot. So we're putting it on the tax roll by combining it with this other lot. So that's the balance that we went through to look at that. 17 Planning Commission Meeting - June 18, 2002 Slagle: Okay. Blackowiak: Okay. My question is going to piggy back on Rich's. So the lot that we're looking at, Lot 3, Block 2 is now basically going to be a beachlot? Correct? A1-Jaff: No. Blackowiak: I mean they're not going to have direct access. Aren't they going to have access to the lake at all? I mean they're talking, I was looking, reading some of the old letters that there had been boats moored, etc. A1-Jaff: Okay. This is the Peterjohn's property. Blackowiak: Right. Show me where the water is. A1-Jaff: Here's the water. Blackowiak: So that's all water. AI-Jaff: They have access to the lake. There has been confusion regarding the use of this outlot. What they're doing right now is fee title to the outlot is with Lot 1, Block 1. Blackowiak: Right. Yeah, that I understand but I mean, I guess that was my question. Do they cu~'ently have access to the lake? Is there a dock? A1-Jaff: Yes they do. Blackowiak: We're not going to be adding anything more intensive? Aanenson: No. Blackowiak: So, and then the second question I would have is, what value is, you know when we were talking about prices, etc. What value is added to Peterjohn's property when they acquire the outlot and I think where Rich was getting at is, should the city be saying you know, there should be a price. Al-Jarl: Now remember that the city became a party to this because of tax forfeiture. Blackowiak: Right. A1-Jaff: I mean from the get go we had. Aanenson: Sharmin. The bottom line is, we made a decision no. We wanted the easement which we'd have to acquire anyway so it's a win for us by acquiring an easement which we don't have now so there' s... Blackowiak: Okay, we don't have the easement. Okay, that's I mean so then. Aanenson: ...beachlot. Reducing it and putting it on the tax rolls so that's where we... Blackowiak: So you're figuring that there's a wash? 18 Planning Commission Meeting -June 18, 2002 Aanenson: Correct. Blackowiak: That basically we'd have to acquire an easement and by doing that, okay. Okay, that sounds better to me. I was just kind of worded about what the city was getting out of it but if you're comfortable I'm feeling better. Okay. Everybody. Okay, would the applicant or their designee like to make a presentation? If so, please come to the microphone and state your name and address for the record. Dave Peterjohn: My name is Dave Peterjohn. Excuse me, could I just get you to, move that. You're a little bit taller than our last speaker. Dave Peterjohn: My name is Dave Peterjohn. I own, my wife and I own Lot 3, Block 2. We've lived at this property for 13 years and Lot 1, Block 1 which has the fee title for the outlot, since we' ve been there, 5 people have owned that house. 3 of the 5 never saw the covenants on the property. It was sold as lakeshore property and we were the wonderful recipients to be able to provide people the covenants, which in essence say no boat. No permanent property and in essence you can walk down here and swim over a pipe. So for the last, the final owners, which are the Meyers here. The Meyers are transferring and they've been good neighbors for 3 years. They were 1 of the 3 that never saw the covenants prior to purchasing the property. We asked them would they be interested in selling the outlot so I can merge it into my property, in essence to take out an uncomfortable situation for the city. They said that they didn't want to really sell the property without selling the house. My goal is not to buy several houses. My goal is to buy a house, take this property and merge it in to mine with a corrected fee, resell the lot. Or resell the house. So I approached Sharmin and said, how can they do this? Gave her a set of the covenants. Both the original background of this was this lot, all 3 of these lots were owned by the owner here and he traded a couple of these lots to a builder to help him build his house. And when the builder dug a hole in this lot here, it filled with water. So he let it go back taxes. That's how the city became part of it. So in essence what we're trying to do is clear up a non-conforming situation. By having Mrs. Meyers here who can kind of attest to the situation and if you'd like to hear from her as well. Blackowiak: Okay. Any questions of the applicant while we've got you up here? Feik: I have a quick one. We've now heard that the property owner to the north side would like that 5 foot bump on the north side. Are you amenable to that? Dave Peterjohn: Oh yeah. Feik: Would you be really amenable to adding that as a condition? Dave Peterjohn: I don't see a problem with, my goal is not to get more lakeshore. My goal is. Feik: I understand that. My thought is, is I want to treat the neighbor's reasonably equitably if we can. The city does have some interest, albeit not very valuable, but we would like to make sure that you and your neighbor are treated equitably in this process given that the city does have some interest in this parcel. Dave Peterjohn: Right. I think, by purchasing this property. Taking it and merging it into mine, it's going to cost me a fair amount of money. It's going to cost me more than it's going to increase the value of my property. I know that. But what I'm trying to do is just, for neighbor 5, 19 Planning Commission Meeting - June 18, 2002 6 and 7 not have to go up and say here's some covenants. Did you know about these? So that's in essence what I'm trying to do. So to answer your question would I be willing to give 5 feet to get a straight line, I'm the one that's putting out all the money and going through the process. I'm not sure I'd want to do that. That's the first time I've even heard that. But if it would make the deal, I don't think I'd have a problem. Feik: Okay, thank you. Very much, thank you. Blackowiak: Rich, question. Slagle: Madam Chair, if I can. I would suggest Mr. Peterjohn if you could do that, that would be advantageous. The only reason I say that is because if you do eliminate that beachlot the way it's configured now, that others can use it, I would probably throw out for consideration that your property will really increase in value when that becomes just your's and folks can't walk down, literally your yard, and camp or whatever. Who knows what they do down there, so I would encourage you to consider that. Sidney: Do we have the, question Madam Chair. Do we have the owner of Lot 4, Block 1 here? I guess I would prefer to let staff handle any adjustment of the lot line administratively because I think that's a function we need the neighbor there to discuss it. Blackowiak: Okay, thank you. Did you want Mrs. Meyers to come up? Sure. Linda Meyers: My name's Linda Meyers and I reside at 3980 Hawthorne Circle. Blackowiak: Okay. Conzments at all or, you're comfortable with it? Linda Meyers: I'm comfortable with the letter that I wrote that I think you've got in your packet. Blackowiak: Alright, thank you. Cormnissioners any questions of Mrs. Meyers. Lillehaug: No questions. Blackowiak: Alright, thank you. Alrighty, this item is open for a public hearing so if anybody would like to speak on this issue, please come to the microphone and state your name and address for the record. Seeing no one I will close public hearing. Commissioners, any final cormnents before we vote? Slagle: I just had one. I just want to be clear that the comment that was made about the neighbor and the 5 foot bump that Commissioner Feik and I are trying to get our hands around, that was, if I can ask, from them asking to have that straighten if you will. Is that correct? A1-Jaff: That was the conversation we had with Mr. Peterjohn and one of the issues that were discussed were creating a straight line and again yes, we can handle this administratively. Slagle: I understand, but I mean was Mr. Peterjohn in essence forwarding on a conversation that he had had with that neighbor? A1-Jaff: That's correct. Slagle: Okay, so it wasn't the neighbor calling you and saying hey I'd like to have this 5 foot. 2O Planning Commission Meeting -June 18, 2002 A1-Jaff: No it wasn't. Slagle: Okay. I guess I was confused. Sacchet: Just a quick comment, because I don't want to make it in a condition but I want to make a comment. I certainly think it's very desirable if that would be a straight line, but considering that the applicant bears all the burden of creating this, I think that's to be worked out between him and the neighbor. Blackowiak: So not necessarily a condition of approval is what you're saying. Sacchet: Yes, I would not make it a condition of approval. Blackowiak: Just a recommendation. Sacchet: But I want to have it on the record that that would be very desirable and encourage you to pursue that but that's between you and the neighbor and I don't think it should come in our conditions. Slagle: See I don't know if I agree with that but. Blackowiak: Okay. LuAnn, any comments? Sidney: Looks straight forward to me. Blackowiak: Yeah, okay. Bruce, any other comments? Feik: I think Rich and I are kind of in tune with the same concern in that the city does have an interest in this, from a title perspective by inheriting the 2 lots and I would just like to make sure that the owner of Lot 4, Block 1, I would have liked to have him or her here tonight to speak for themselves to say what interest they did have in this lot, or what interest they didn't have in the lot. That certainly would have made things a lot easier for me. So my concern is treating them fairly and equitably and they're not here. Blackowiak: Sharmin, they don't have any interest in the outlot do they? Aanenson: No. Feik: Have we contacted them though? Aanenson: They were notified of the hearing. A1-Jaff: People within 500 feet. Blackowiak: Yeah, they have no interest and they've never been involved in that. Slagle: But let me, if I can Madam Chair, let me throw out. The 500 feet mailing, and I'm sorry but I' ve got to say Sharmin, I'm seeing seed names on this list, okay and there is the potential for the applicants who send the mailings out to people within 500 feet, there are times where people come and say I never got a mailing. So what we've done is implemented a seeding process where 21 Planning Commission Meeting - June 18, 2002 certain people within staff and maybe perhaps in the future certain ones of us will get mailings to ensure at least that people have gotten it. And that's not to say it doesn't go out, the mail is crazy. Aanenson: Just to be clear, we did speak to some of the people in Troll's Glen subdivision which is just south of this. They also have a beachlot. If you go to the site plan their beachlot is adjacent to this one. We did speak to some of those neighbors so. Slagle: I'm just saying, and I think Bruce is saying that the neighbor who's affected by this is not here, okay. And I think the city in trying to balance between the two lots, and I'm not saying that we won't approve it with direction to staff to say hey, work it out between these two. I just don't want to vote on something that ends up not being beneficial to the neighbor to the north at least fairness, and then having someone come back and say gosh. I'm sorry, it wasn't fair to you. You really didn't want that curve. Aanenson: Okay, well in deference to the neighbor, the curve's going to be there whether we vacate it or not...going to happen to him that we're going to vacate it and he would get some additional land so it's only going to be a win/win. Slagle: Only if we approve it. Aanenson: Right. But if you don't approve it, it would still be the same. Feik: Understood, but point of clarification. There's a note that I heard that the notice went out 6/10. It didn't go out 30 days ago. It hasn't been in their mailbox. If they've been at the cabin or who ~ows where, they certainly might not have gotten it. It's not that much notice. Sacchet: If I may Madam Chair. Blackowiak: Okay, I think we're splitting hairs here but let's go. Sacchet: Basically the position we have to take if they're not here, they're not interested in it ultimately. On the other hand, if we have a strong feeling that we want that line straighten we can make a condition that says we encourage that. Blackowiak: Right, and at this point it's really not before us tonight. That's not the issue so let's kind of focus on what the issue is. The issue is, do we vacate, do revoke the conditional use permit. That's the question. Lot line changes, separate issue. So I think we just need to take, I mean certainly we could recomlnend but let's just not make it a condition of approval because it doesn't affect what we're seeing before us tonight. Feik: Can I ask a quick question? Totally different from where I was before. If we revoke the conditional use permit tonight, what happens to the city's interest in that lot legally? Because I mean we-do have one. Aanenson: We're re-securing our interest by requiring as a condition of approval that we have an easement over. Feik: Utility easement. Aanenson: Con'ect. 22 Planning Commission Meeting - June 18, 2002 Feik: Okay, thank you. Aanenson: So we still would have access to the pipe and access to... Feik: In exchange for. Aanenson: Correct. Feik: Okay. Blackowiak: Steve. Lillehaug: I support revoking the conditional use permit and the owners of that Outlot A is the city and the Meyers, correct? Aanenson: Yes. Blackowiak: Okay, I don't even know where we are. We've made comments. I need a motion. Sacchet: Madam Chair, I'd like to make a motion that the Planning Commission recommends revoking the conditional use permit attached to Outlot A, Kellynne. How do you say that? Kellynne? Blackowiak: I said Kellynne like Kelly and Lynn or something. Sacchet: With the following conditions 1 through 2 with the addition, I'd like to be specific with, I guess that's condition number 2 that we specify that the adjacent property is Lot 3, Block 2. That's my motion. Blackowiak: Okay, there's been a motion. Is there a second? Lillehaug: I second. Sacchet moved, Lillehaug seconded that the Planning Commission recommends revoking the Conditional Use Permit attached to Outlot A, Kellynne Addition, with the following conditions: 1. A drainage and utility easement shall be dedicated over Outlot A in favor of the city for maintenance purposes. 2. Outlot A shall be combined with the adjacent property, Lot 3, Block 2, under a single Parcel Identification Number. All voted in favor, except Feik and Slagle who opposed, and the motion carried with a vote of 4 to 2. Blackowiak: Kate, does that carry for revoking a conditional use we don't need. A1-Jaff: This goes to City Council. Blackowiak: It still goes to City Council. Okay, July 8th meeting for City Council. 23 MEMORANDUM CITYOF CHAN SEN 7700 Msket Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone: 952.227.1100 Fa:,:,: 952.227.1110 Building Inspections F?:sne: 952.227.1i60 r~,, ,.o~.221 ~1.,o Engineering :!.::~. ~3~.x/f. I1 ~_~ ~2,'.1!,,. TO: Teresa Burgess, City Engineer FROM: DATE: Matt Saam, Assistant City Engineer ~,""(~& o July 1, 2002 SUBJ: Approve Amendment to Development Contract for Arboretum Business Park 4th Addition- Project No. 00-11 Following the final plat and development contract approval on June 29, 2002 for the above-referenced project, the developer requested modifications to the development contract. Staff and legal counsel have reviewed the requested changes and have no issues with the request. Attached is a revised development contract incorporating these changes. Finance "~: 9,5,2.227i !4'3 ~5£.227i 1!0, It is therefore recommended that the City Council approve the revised development contract dated July 8, 2002. Park & Recreation ?!-:.c'~e: 952.227.1~20 Fs,: 952227.!1i0 FP.':re: 952.227140.} 952.227 1404 Attachment: Revised Developlnent Contract c: Bob Generous, Senior Planner Fred Richter, Steiner Development g:\eng\projects\arboretum 4th~amended dc.doc Public Works i591 Pa6( Roaa P:z",e: 952.227.1300 Fax: 952.227.1310 Senior Center ~:.2.22~. Fa:,;: 952.227.11i0 Web Site ~k~[.~q~n · ~ ~ ~1,~ City of Cflanhassen A 6rov,'ino common% with clean U,,.,s. quality schools, a cha,,rmino~ downtown., thriving businesses, winding trails., and beautiful ,oarks. A great place to live, ,,,ork,, , and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ARBORETUM BUSINESS PARK 4TM ADDITION DEVELOPMENT CONTRACT/PUD AGREEMENT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE lo 2. 3. 4. 5. 6. 7. 8. 9. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 DEVELOPMENT PLANS ............................................................................................ SP- 1 IMPROVEMENTS ........................................................................................................ SP-2 TIME OF PERFORMANCE ......................................................................................... SP-2 SECURITY .................................................................................................................... SP-2 NOTICES ....................................................................................................................... SP-3 OTHER SPECIAL CONDITIONS ................................................................................ SP-3 GENERAL CONDITIONS ............................................................................................ SP-5 GENERAL CONDITIONS lo 2. 3. 4. 5. 6. 7. 7A. . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. RIGHT TO PROCEED ................................................................................................. GC-1 PHASE DEVELOPMENT ........................................................................................... GC- 1 EFFECT OF SUBDIVISION APPROVAL .................................................................. GC-1 IMPROVEMENTS ....................................................................................................... GC-1 IRON MONUMENTS .................................................................................................. GC-2 LICENSE ...................................................................................................................... GC-2 SITE EROSION CONTROL ........................................................................................ GC-2 EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING .................................................................................................................... GC-2 CLEAN UP ................................................................................................................... GC-2 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-2 CLAIMS ........................................................................................................................ GC-3 PARK AND TRAIL DEDICATION ............................................................................ GC-3 LANDSCAPING .......................................................................................................... GC-3 WARRANTY ............................................................................................................... GC-4 LOT PLANS ............................................................................................................... '..GC-4 EXISTING ASSESSMENTS ....................................................................................... GC-4 HOOK-UP CHARGES ................................................................................................. GC-4 PUBLIC STREET LIGHTING ..................................................................................... GC-4 SIGNAGE ..................................................................................................................... GC-4 HOUSE PADS-NOT APPLICABLE ......................................................................... GC-4 RESPONSIBILITY FOR COSTS ................................................................................. GC-4 DEVELOPER'S DEFAULT ......................................................................................... GC-6 MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-6 C. Third Parties ...................................................................................................... GC-6 D. Breach of Contract ............................................................................................ GC-6 E. Severability ....................................................................................................... GC-6 F. Building Permits ............................................................................................... GC-6 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. h~surance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-7 K. Assignability ................................................................................................... '..GC-7 L. Construction Hours ........................................................................................... GC-7 M. Noise Aanplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance ............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-8 Q. Soil Treatment Systems .................................................................................... GC-$ R. Variances ........................................................................................................... GC-8 S. Compliance with Laws, Ordinances, and Regulations ...................................... GC-9 T. Proof of Title ............................................ i ........................................................ GC-9 U. Soil Conditions ................................................................................................. GC-9 V. Soil Con'ection .................................................................................................. GC-9 W. Haul Routes ............................................................................................................ GC-9 X. Development Signs ................................................................................................ GC-9 Y. Construction Plans ............................................................................................... GC- 10 Z. As-Built Lot Surveys ........................................................................................... GC- 10 EXHIBIT C 1. DEVELOPMENT DESIGN STANDARDS ................................................ GC-11 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) ARBORETUM BUSINESS PARK 4TM ADDITION SPECIAL PROVISIONS AGREEMENT dated June 24, 2002 by and between the CITY OF CHANHASSEN, a Mim~esota municipal corporation (the "City"), and CHASKA GATEWAY PARTNERS LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Arboretum Business Park 4th Addition (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3. Development Plans. The plat shall be developed in accordance ;vith the follo;ving plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any xvork in the plat. If the plans vary fi:Oln the xvfitten terms of this Contract, the ;vritten terms shall control. The plans are: Plan A: Final plat approved June 24, 2002, prepared by Schoell & Madson, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated November 14, 2001, prepared by Schoell & Madson, Inc. Plan C: Plans and Specifications for Improvements dated May 30, 2002, prepared by Schoell & Madson, Inc. Revised 3/24/99 SP-1 4. Improvements. The Developer shall install and pay for the following: A. Streets B. Concrete Curb and Gutter C. Street Lights D. Site Grading/Restoration E. Underground Utilities (e.g. gas, electric, telephone, CATV) F. Setting of Lot and Block Monuments G. Surveying and Staking The above improvelnents (herein the "hnprovements") shall be completed in accordance with the plans identified in Paragraph 3 of this Contract and the General Conditions attached hereto as Exhibit B. 5. Time of Performance. The Developer shall install all required improvements by June 30, 2003. The Developer may, however, request an extension of time fi'om the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit fi'om a bamk or cash escrow ("security") for $139,121.00. This amount of the security was calculated as 110% of the following: Site Oradin~Restoration $ 2,500.00 Streets $ 114,500.00 Street lights and sigmas $ 1,200.00 Engineering, surveying, and inspection $ 8,274.00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 126,474.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The security shall be for a term ending November 14, 2003. The City may draw down the security for any violation of the terms of this Contract which is not cured within four (4) calendar days of written notice to the Developer, except under emergency conditions. If the required public improvements are not completed at least ttSrty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from tilne to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original aniount until all improvements are complete and accepted by the City. Upon completion of the Improvements and acceptance by the City, the balance of the security shall be released to the Developer. SP-2 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer or mailed to the Developer by registered mail at the following address: Chaska Gateway Partners Limited Partnership c/o Steiner Development Attn: Frederick Richter 3610 South Highway 101 Wayzata, MN 55391 Telephone: (952) 473-5650 Facsimile: (952) 473-7058 Notices to the City shall be in xvriting and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chmthassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. Mailed notices shall be deemed to have been delivered 2 business days after deposit with the U.S. Postal Service. . ao Other Special Conditions. The development shall comply ~vith the Arboretum Business Park Development Design Standards, attached hereto as Exhibit C. b. The developer shall pay trail fees pursuant to city ordinance. do The full access driveway onto Century Boulevard will be allowed; hoxvever, should the driveway cease to operate in a safe mariner in the opinion of the fee owners of Lots 1, 2, & 3, or if any of the following conditions are met, the fee o~vners shall be assessed 100% of the costs incun'ed to correct the conditions in a fashion acceptable to the City of Chanhassen: · Level of service "F" at the intersection during peak AM and PM times. · Level of service "D" or below at the intersection during non-peak times. · Significant accidents that are attributed to the configuration of the intersection occur that indicate a mutually recognized safety concern at the intersection. Type II silt fence shall be used. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. Silt fence shall be promptly removed upon completion of construction. SP-3 e. Installation of the private utilities for the site will require pemqits and inspections ttn;ough the City's Building Department. The underlying property has been previously assessed for sewer, water and street improvements. The remaining assessment due payable to the City is $624,256.08. This remaining balance may be re-spread against the newly platted lots on a pe~-area basis. In addition, the sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2002 trunk utility hookup charges are $1,383 per unit for sanitary sewer and $1,802 per unit for water. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. h. On the utility p lan : Shoxv all the existing and proposed utility easements. · Revise sheet title to "Utility Plan". · Add 6" gate valve on the watem-~ain going to Lots 2 and 3. Revise the watermain along the east side of Lots 1 and 2 to be within the lot property limits. i. On the grading plan: · Add a note, "All sanitary services shall be 6" PVC SDR 26." · Show the benctm~ark used for the site survey. · Revise Sheet Title to "Grading, Drainage & Erosion Control Plan". · Remove the abandoned portion of the existing RCP 36 inch sto~ sewer. j. Cross-access easements for the shared driveway access must be obtained and recorded against the lots. k. Additional fire hydrants xvill be required. Contact Chm~hassen Fire Marshal for exact location. A 1 O-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, bushes, sin-ubs, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by fire fighters. Pursuant to Chanhassen City Ordinance #9-1. m. "No Parking Fire Lane" si~s xvill be determined by the Fire Marshal upon a site plan review of new proposed buildings. SP-4 n. When fire protection, including fire apparatus access roads and water supplies for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1997 Minnesota Uniform 'Fire Code Section 901-3. o. The total SWMP fees are $47,433.00 and are due payable to the City at the time of final plat recording. p. Storm sewer design data will need to be submitted for staff review. q. The interior lot storm sewer will require private easements to be dedicated where the sewer crosses from one lot to another. r. Private utility easements are required for the sanitary sewer and water lines that serve Lot 1 but go through Lot 2. s. Revise the five-foot wide side~valk to a six-foot wide concrete sidewalk. t. The developer shall install all public improvements shown on the plans at his expense. [1. The developer shall enter into a development contract and supply the city with a cash escrow or letter of credit in the amount of $139,121 and pay a total City development fee of $54,037. v. The developer's engineer shall work with city staff in revising the construction plans to meet city standards. w. h~ the event of any conflict or inconsistency between the terms and provisions of this A~'eement and the terms and provisions of the Development Contract/PUD Agreement dated August 25, 1997 and recorded September 12, 1997 as Carver County Recorder Document No. 215748, the terms and provisions of this Agreement shall control. 9. General Conditions. The general conditions of this Contract, approved by the City Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein. SP-5 CITY OF CHANHASSEN (SE ) BY: Linda C. Jansen, Mayor Todd Gerhardt, City Manager CHASKA GATEWAY PARTNERS LIMITED PARTNERSH~: BY: Fred Richter STATE OF MINNESOTA ) ( SS. COUNTY OF CARVER ) The foregoing instrument was acl~owledged before me this day of , 20~, by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Mim~esota municipal corporation, on behalf of the corporation and pursuant to the authority =re'anted by its City Council. STATE OF MhNNESOTA ) ( SS. C OU%~TY OF ) NOTARY PUBLIC 2O The foregoing instrument was adcmowledged before 1ne this __ __, by day of DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Cha~thassen, MN 55317 (952) 227-1100 NOTARY PUBLIC SP-6 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot C, ARBORETUM BUSINESS PARK 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota, EXCEPT those parts described as follows: That part of Outlot C, ARBORETUM BUSINESS PARK 2ND ADDITION, shown as Parcel 31 lB on Mirmesota Depamnent of Transportation Right of Way Plats Numbered 10-06 and 10-07 as the same are on file and of record in the office of the Registrar of Titles in and for Carver County, Milmesota; That part of Outlot C, ARBORETUM BUSINESS PARK 2ND ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota, described as folloxvs: Commencing at Right of Way Boundary Comer B7 as shown on said Plat No. 10-07; thence Westerly on an azimuth of 270 degrees 00 minutes and 00 seconds along the boundary of said plat for 149.21 feet to Right of Way Boundary Coiner B8 and the point of beginning of the Tract to be described; thence continue on the last described course for 15.00 feet; thence Northerly to a point on the Southerly boundary of said Plat No. 10-07, distant 19.40 feet Northwesterly of Right of Way Boundary Corner B9 as shown on said plat; thence on an azimuth of 126 de~-ees 34 minutes 26 seconds along the boundary of said plat for 19.40 feet to said Right of Way Boundary Comer B9; thence on an azimuth of 175 degrees 43 minutes 54 seconds along the boundary of said plat for 120.33 feet to Right of Way Boundary B8 and the point of beginning. SP-7 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS l. Right to Proceed. Within the plat or land to be platted, the Developer may not ~'ade or otherwise disturb the earth, remove trees, construct sewer lines, ~vater lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this a~eement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. 3. Effect of Subdivision Approval. For two (2) years fi'om the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notxvithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any an*tendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits fi'Oln the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City xvill, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions fi'om the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a GC-1 preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 5. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 6. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 7. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as other~vise provided in the erosion control plan, seed shall be certified seed to provide a temporary ~'ound cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building pern~its will be issued unless the plat is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. 7a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City Code § 20-94. 8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, fi.om streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 9. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final GC-2 inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 10. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an h~terpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 11. Park and Trail Dedication. At the time of issuance of building permits for construction, the Developer, its successors or assigns, shall pay to the City the park and trail dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions. One-third (1/3) of the park and trail cash contribution shall be paid contemporaneously with the City's approval of the subdivision. The balance, calculated as follows, shall be paid at the time building pern~its are issued: rate in effect when a building permit is issued minus the amount previously paid. 12. Landscaping. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or xveak bark, are prohibited. The lninimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a ininimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed f~mds for maintenance of erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City GC-3 ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 13. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18) months from the time of formal acceptance by the City. The Developer or his contractor(s) shall post a letter of credit or other security acceptable to the City to secure the warranties at the time of final acceptance. The security amount shall be 100% of the total construction cost. 14. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 15. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 17. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each public street light for twenty (20) months. 18. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 19. House Pads. Not applicable. 20. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final GC-4 acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (21/2%) of construction costs for the first $1,000,000 and one and one-half percent (11/2%) of construction costs over $1,000,000. Before the City si~s the final plat, the Developer shall deposit with the City a fee based upon constn~ction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in para~aph 6 of the Special Provisions, B. h~ addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with ga-ticle 20E of this A~'eement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for dalnages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses xvhich the City may pay or incur in consequence of such claims, including attorneys' fees. D. h~ addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incmTed under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building pemaits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments refen'ed to herein, other charges and special assessments may be imposed such as, but not limited to, sexver availability charges ("SAC"), City water connection charges, City sewer connection charges, and building pem~it fees. GC-5 G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. 21. Developer's Default. In the event of default by the Developer as to any of the work to be perfm-med by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary 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. 22. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severabili _ty. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Buildin~ Permits. Building permits will not be issued in the plat until sanitary sewer, watennain, and storm sewer have been installed, tested, and accepted by the City, and the GC-6 streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. h~surance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, 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 xvork of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occun'ence; lilnits for property damage shall be not less than $500,000 for each occun'ence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at laxv or in equity, or under any other agreement, and each and every fight, power and remedy herein set forth or other~vise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other fight, power or remedy. K. Assi~. The Developer may not assign this Contract without the written permissiol~ of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity atloxved on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: GC-7 First violation $ Second violation $ T, hird & subsequent violations 500.00 1,000.00 All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations nnder this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. GC-8 S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such prope~T. The Developer further agrees that it will indenmify, defend, and hold harmless the City, its governing body members, officers, and employees fi'om any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building pelrnit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report fi-om a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The si~s shall contain the following information: project name, name of developer, developer's telephone number and desigmated contact person, allowed construction hours. GC-9 Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of l l"x17" reduced construction plan sets and three sets of specifications. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format, and (8) digital file of utility tie sheets in either .doc or .tif format. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. GC-IO Adopted 7/28/98 Amended 7/26/99 Amended 8/13/01 Amended 12/10/01 EXHIBIT C ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images of proposed development adjacent to Highxvays 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancilla~2f uses may be permitted as listed below if they are ancillai3~ to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. b. Permitted Uses The pem~itted uses in this zone should be limited to light industrial, warehousing, office, and those other uses as defined beloxv. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use lneets the defi~ition, the City Council shall make that interpretation. Pe~nitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ fi'om those specified beto,~v. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light htdustrial- The manufacturing, compounding, processing, assembling, packaging, printing, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the sun'ounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5 (Outlot A, Arboretum Business Park 4th Addition), Block 4; and the Wrase property) (Amended 12/10/01) l'f~arehousing - Means the connnercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5 (Outlot A, Arboretum Business Park 4th Addition), Block 4) GC-11 Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), and 5 (Outlot A, ArboretuTM Business Park 4th Addition), Block 4; and the Wrase property) Health Services- establistunents primarily engaged in furnishing medical, surgical and other health se~wices to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5 (Outlot A, Arboretum Business Park 4th Addition), Block 4) Iudoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3 and 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4) (Amended 12/10/01) Hotel/Motel-establistm~ents engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recordi~g Stlld[o - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. (Amended 12/10/01) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, xvith or ~vithout drive up xvindo~vs (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4) 4. Day Care - establisl~nents providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4 (Lots 1, 2 and 3, Block 1, Arboretum Business Park 4th Addition), Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/01) Ancillary Uses (in conjunction with and integral to a primary use) GC-12 1. Fast Food (no drive-through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on-site provided that no 1note than 20 percent of the floor space is used for such display and sales. [for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance xvith the same procedures specified in the city code for conditional use permits. Prohibited uses (Amended 12/10/01) · Contractors Yard · Lulnber Yard · Home hnprovement/Building Supply · Garden Center · Auto related including sales and repair, except on the Wrase property (amended 8/13/01) · Home furnishings and equipment stores · General Merchandise Store · Vocational School · Public buildings, except on Outlots A and B, which are public park land · Screened outdoor storage · Food processing c. Setbacks The developlnent is regulated by the Highway 5 and the PUD Standards. There are no minimum requirelnents for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: GC-13 Street Frontage Minimum Setback Maximum Setback Building/Parking Building/Parking Hwys. 5 & 41 70/50 150 * Coulter & Century 50/20 100 Boulevards 82nd & West Local 30/20 NA *Lot 5 (Outlot A, Arboretum Business Park 4th Addition), Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building ga'ea LOT/USE ACRES Building Size/FAR PARKING (square feet) TH :4 I/dedication:': :~':-:. ~: (: ~ .;2-:3.8 ::.~ :¥',':-' 82nd Street Dedication 1.80 ~tefior Roadway 10.54 Upland 16.6 30 Wetland 28.7 Ponds 3.01 (30% oreck).:.: ::74:07 Lot 3, Block 1 10.02 131,006 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70, 597 141 ~t 3, Block 4 8.98 117,371 235 ~t 1, Block 2 12.23 159,822 320 Lot 5, Block 4 (Outlot 23.20 (.4 F~) 404,279 (3/1000) 1,213 A, ~boretum Business Park 4th Addition), Wrase 2.64 · GC-14 Lo~ 1~, Block 1 1.80 11,746 / 23,520 (5/1000) 59 Lot 2, Blockl 2.32 15,180 / 30,320 (4/1000) 61 Lot 4, Block 4 (Lots 1, 4.06 26,536 / 53,060 (5/1000) 133 2 and 3, Block 1, Arboretum Business Park 4th Addition), Office/Hotel Lotl, Block 3 6.41 (.10FAR) 27937 / (16/1000) 447 Restaurant/Office 83,770 Commercial sites ma>, develop as office-industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown Office 31% 368,000 / (432,000) Light Industrial 31% 368,000 / (432,000) Warehouse 31% Commercial 7% Total 100% 368,000 / (432,000) 81,000 / (0) 1,186,000 / (1,295,000) . *includes the Wrase property. ( ) represents conversion of commercial uses to office- industrial uses More than one (1) principal structure may be placed on one (1) platted lot. 3. Building height shall be limited to 3 stories or 40 feet. , Lot 5, Block 4, (Outlot A, Arboretum Business Park 4th Addition), is intended to acconnnodate a major coqoorate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi-story building(s). e. Building Materials and Design GC-15 . The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. . All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. 3. Brick may be used and must be approved to assure uniformity. 4. Block shall have a weathered face or be polished, fluted, or broken face. o Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted. . Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. 7. All accessory structures shall be designed to be compatible with the primary structure. . All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. , The use of large unadorned, pre-stressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All xvalls shall be given added architectural interest through building design or appropriate landscaping. 10. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. 11 Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. 12. There shall be no underdeveloped sides of buildings visible from public fight-of-ways. All elevations visible fi'om the street shall receive nearly equal treatment and visual qualities. GC-16 f. Site Landscaping and Screening Landscaping'along Highways 41 and 5 shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82nd Street shall comply with Buffer yard standard B. The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masom-y fences and/or landscaping. . Undulating or angular berms or elevation changes of 3' in height shall be placed along Coulter Boulevard, and Century Boulevard. The benns shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. . Loading areas shall be screened 100 percent year round from public right-of-xvays. Wing walls may be required where deemed appropriate. g. Signage All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatlnent is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material tt~oughout the development. The applicant should submit a sign package for staff review. 2. Each property shall be allowed one monument sign per street frontage. The signage xvill have consistency throughout the development. A co~mnon theme will be introduced at the development's entrance monument and will be used throughout. 4. Consistency in signage shall relate to color, size, materials, and heights. The Arboretuln Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West 82nd and Century Boulevard and at Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be ~'eater than eight feet in height. Wall sign shall be permitted per city ordinance for industrial office park site. GC-17 7. All signs shall require a separate sign permit. . In addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. h. Lighting Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard. , A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square ornamental pole shall be used throughout the development area for area lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. . All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access Each site shall accommodate transit service within the individual development whenever possible. 2. Pedestrian access shall be provided from each site to the public sidewalk and trail system. o , The developer and site users shall promote and encourage Traffic Demand Management Strategies. Each site shall provide areas for bicycle parking and storage. GC-18