1g. Final Plat PUD Ches Mar Trails CITYOF
knat,4or' CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City AdministratM
MEMORANDUM Endomed "`i
'
Modified
Rejected.
TO: Don Ashworth, City Manager ifs, 10 - $ — 7 biz Submitted to Commission
FROM: Jo Ann Olsen, Senior Planner
Date gvk-.:. °d to Council
DATE: October 8, 1992 - / b / Z
' SUBJ: Ches Mar Trails Final Plat
On July 8, 1991, the City Council approved PUD Amendment #91 -1, Wetland Alteration
' Permit #91 -1, a Comprehensive Plan Amendment #91 -1 and Conditional Use Permit #91 -4,
for Ches Mar Trails. The applicant received an extension for final plat approval until January
8, 1993. The applicant has submitted the final plat for the PUD for City Council approval.
' The PUD was approved with the following conditions:
1. The PUD agreement will be drafted and recorded against the property. The PUD
1 agreement will contain all conditions of approval for the PUD.
2. A revised preliminary plat must be submitted redesignating Lot 2, Block 1 as Outlot
' B.
3. The residence on Lot 4, Block 1, shall either be a duplex or single family unit. The 6
' apartment units must be vacated prior to final plat approval.
4. The applicant shall receive an access permit from MnDOT for the proposed access
servicing Lots 1 and 3, Block 1 and Outlot A and B.
5. A driveway easement shall be provided across Lot 2 ( Outlot B), Lot 1 and Outlot A
and recorded against such properties. The driveway must be constructed so as to
accommodate emergency vehicles and must be maintained in good passable condition.
6. The applicant shall be required to install a culvert sized by a professional engineer,
and approved by City Engineers prior to construction, to accommodate anticipated
flows through the existing ditch on Lot 1, Block 1.
1
t4: PRINTED ON RECYCLED PAPER
1
Mr. Don Ashworth
October 8, 1992
Page 2
7. No more than 4 dwelling units will be permitted as part of the PUD; one on Lot 1,
one on Lot 3 and one on Lot 4 unless the existing building is converted to a duplex.
' 8. Demolition permits are required for all demolition; demolition of all the buildings to
be razed shall be completed within 6 months of final plat approval.
9. A revised preliminary plat shall be submitted showing all existing and proposed on-
site sewage treatment sites and proposed house pads and elevations.
10. If a new residence is constructed on Lot 4, Block 1, it must meet all required setbacks.
All other existing buildings on Lot 4 must be razed.
' 11. The applicant shall meet any and all conditions of Conditional Use Permit #91 -4 and
PP Y
Wetland Alteration Permit #91 -1.
12. A tree preservation plan shall be submitted by the applicant for city approval for Lot
1 1, Block 1.
13. A revised preliminary plat shall be submitted by the applicant and shall reflect revised
' southerly lot line of Lot 3, the trail easement across Lot 1, Block 1, in accordance
with Park and Recreation Commission recommendations, and elimination of the
driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line
1 between Lot 1 and Outlot A to keep vehicles from driving or parking on Outlot A.
The applicant has met conditions #1 -3, but still must provide for conditions #4 -13 as noted as
part of the final plat conditions below.
RECOMMENDATION
' Staff recommends the City Council approve the fmal plat for Ches Mar Trails PUD as shown
on plans dated October 8, 1992, with the following conditions:
' 1. The PUD agreement will be drafted and recorded against the property. The PUD
agreement will contain all conditions of approval for the PUD.
' 2. The applicant shall receive an access permit from MnDOT for the proposed access
PP P P P
' servicing Lot 1, Block 1 and Lot 2, Block 2 and Outlot A and B.
3. A driveway easement shall be provided across Outlots A and B and Lot 1, Block 1
' and recorded against such properties. The driveway must be constructed so as to
accommodate emergency vehicles and must be maintained in good passable condition.
1
1
Mr. Don Ashworth
October 8, 1992
Page 3
4. The applicant shall be required to install a culvert sized by a professional engineer,
and approved by City Engineers prior to construction, to accommodate anticipated
flows through the existing ditch on Lot 1, Block 1. 1
5. No more than 4 dwelling units will be permitted as part of the PUD; one on Lot 1,
Block 1, one on Lot 2, Block 2, and one on Lot 1, Block 2 unless the existing 1
building is converted to a duplex. Dwellings are prohibited on Outlots A and B.
6. Demolition permits are required for all demolition; demolition of all the buildings to 1
be razed shall be completed within 6 months of final plat approval.
7. A revised preliminary plat shall be submitted showing all existing and proposed on- 1
site sewage treatment sites and proposed house pads and elevations.
8. If a new residence is constructed on Lot 1, Block 2, it must meet all required setbacks. 1
All other existing buildings on Lot 1, Block 2 must be razed.
9. The applicant shall meet any and all conditions of Conditional Use Permit #91 -4 and 1
Wetland Alteration Permit #91 -1.
10. A tree preservation plan shall be submitted by the applicant for city approval for Lot 1
1, Block 1.
11. A revised preliminary plat shall be submitted by the applicant and shall reflect revised 1
southerly lot line of Lot 2, Block 2, the trail easement across Lot 1, Block 1, in
accordance with Park and Recreation Commission recommendations, and elimination
of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot
line between Lot 1, Block 1 and Outlot A to keep vehicles from driving or parking on
Outlot A. 1
12. A 20 foot trail easement, north/south, shall be provided in a location acceptable to the
city. 1
ATTACHMENTS
1. City Council minutes dated Jul 8, 1991.
tY July
2. Plans dated October 8, 1992.
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City Council Meeting - July 8, 1991
/I
anybody and now evidentally it's a problem and I think it can be worked out.
Real easily.
Mayor Chmiel: You can line up that discussion with staff.
Brian Windschitl: Okay.
Councilman Wing moved, Councilwoman Disler seconded to approve Conditional Use
' Permit 191 -5 to allow a portable chemical toilet on Minnewashta Creek Homeowners
Association Recreational Beachiot (Outlot B) with the following conditions:
1. The applicant applies for a license from the city on an annual basis prior
to installation of the portable chemical toilet.
2. The portable chemical toilet shall only be permitted from Memorial Day to
' Labor Day and shall be removed from the beachlot during the rest of the
year.
' 3. The beachlot shall be maintained in good condition in a manner consistent
with previous approvals and current ordinance requirements.
' 4. The portable chemical toilet shall be located in accordance with the
application /plans received by the City on May 20, 1991.
All voted in favor and the motion carried unanimously.
CHES MAR FARM, APPROXIMATELY ONE -HALF MILE NORTH OF TH 5 OFF OF TH 41, CRAIG
SWAGGERT.
Paul Krauss: Oh you do want a report on this?
Mayor Chmiel: Yes.
Councilwoman Dimler: I was at the Planning Commission so.
' Paul Krauss: Keep in mind I'm the second string on this one. Jo Ann's still on
vacation. This is an incredibly complex request for a relatively simple action
and it's got a real confusing history which makes matters worse. This was
' approved originally in 1985 and it was a pre- existing situation and the PUD was
used for a use that I've never heard of before and it was basically to
legitimize a non - conforming situation so they could sell off individual lots.
It was a real abnormality. The sewer wasn't anywhere close and it's only as of
' 5 or 6 weeks ago that the MUSA line was anywhere visible from this property but
there was always an existing multi - family dwelling out there and there are a
number of homes when the PUD was done. It was modified in 1989 slightly.
Basically what it did is we had a series of single family homes including the
quasi - elderly, pseudo historical home that's since been removed. It was in very
bad shape and it's been cleared by the applicant in preparation of building a
' new home. But what it boils down to is the current proposal with all the
requests, he's basically had to apply for virtually every permit we have in this
application, is to increase the size of the PUD and decrease the number of
units. So we view it as a big step in the right direction. It's bringing it
into compliance with what's supposed to be out there. The guide plan is to take
1 47
City Council Meeting - July 8, 1991
it from medium density, which you can see is a little blip on the map up there
and the zoning district is an abberation and come down to single family
residential which is really what it's supposed to be. The multi - family dwelling
which has been a real difficult one and there's some code compliance issues and
I know there's been some questions about the on site sewer for that and some
other things over the years. That's going to be converted to either a duplex or
single family and all the other lots are going to be developed as single family
residences and reasonably attractive ones. There is a request for a CUP for
beachlot. That is going to be used by several of the homes in here. There's a
wetland alteration permit which is for our normal boardwalk structure which we
use to protect the wetland to get out to the dock on the beachlot. Basically as
odd as this request is, it does conform to our standards and we do believe it's
in the best interest of the city and the neighborhood for this to happen. We
did bring this before the Planning Commission. There were several adjoining
residents who had questions answered and came away supportive of the proposal.
The Planning Commission discussed at length. There are several members of the
Planning Commission who remembered the other two times this came up and were
very familiar with it and cleaned up a lot of the recommendations in a way that
I certainly couldn't have done not having the history and they recommended
approval and we are continuing to recommend approval. I should note however
that I pilfered through Jo Ann's mailbox today and we did get a letter somewhat
late but it's from Camp Tanadoona where they expressed some concern over
development and protection of wetlands. We did not have an opportunity to speak
to them but I firmly believe that this is no threat to the natural environment
over there. In fact it's probably the reverse is true. To the extent that we
had a problem property there close to the Girl's Camp, we're now removing that
and it's going to be single family homes on very large lots and very nicely
developed. As far as the surface water management plan goes or the DNR, our
boardwalks are developed according to DNR standards and we work hand and hand
with them and we specifically do that to avoid impacting the wetland. I don't
know if they're here tonight. I don't believe so but short of that, I didn't
have a chance to address this directly but I'm firmly convinced that the issues
raised in this letter are not relevant to this request and be happy to speak to
Miss Johnson after.
Mayor Chmiel: It's sort of far removed isn't it from one point to the other? ,
Paul Krauss: It's not that far from, well it's far from where the active parts
of the camp are. They of course are notified because they're an immediate,
adjoining resident but I really don't believe there's any direct impact. One
other thing too before I forget. There's a condition that we mentioned to the
Planning Commission that they agreed with but got deleted by accident. It has
to do with a north /south trail connection through there as part of that overall
comprehensive trail system we have heard so much about a short time ago. One of
the trail corridors runs from basically the TN 5 area up to Minnewashta Regional
Park ultimately. As properties develop and we can obtain the trail and there
was a request for an easement coming through there and it's I believe in your
packet. On the overhead when this came up when we mentioned it the first time,
the location of the trail was shown right through here. We have some
flexibility on where it's exactly located and can work with the applicant on the
final location. We know where it has to go but we have some flexibility in that
corridor to locate it so I would request that you add another condition to the
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City Council Meeting - July 8, 1991
/I
PUD amendment that a 20 foot wide north /south trail easement be provided in the
location acceptable to the City. With that we are recommending approval.
Mayor Chmiel: Thanks Paul. Is there any discussion? Does the applicant have
anything to say?
Craig Swaggert: I'm Craig Swaggert. I live at 2800 Stone Arch Road, Woodland,
Minnesota. In addressing the wetland alterations, I have contacted the ONR.
' do have to get a permit through them. I also have to get a permit through
Minnehaha Watershed District and I'm still waiting from the Corps of Engineers
whether I need a permit from them so I feel that we're pretty well covered as
' far as wetland protection. A couple of the recommendations that I have a
question on. On the PUD agreement, it's my understanding that the City Attorney
would draft that. Is that correct?
' Paul Krauss: We draft that in house in conjunction with the City Attorney to
make sure all the i's are dotted and is are crossed. We have a broiler plate
form we use.
i Craig Swaggert: Alright and that's a relatively fast process or something that
I have to look at first?
' Mayor Chmiel: Within the next 10 minutes.
Paul Krauss: We will draft one up as soon as possible.
Craig Swaggert: And then item 3 in the recommendations. I fully intend to get
back in here quite quickly for the final plat and by State Law I need to give 60
' day notice to the residents. I would like to request that I have certified
letters requesting vacation as a condition rather than the actual vacation of
the properties. Of the 6 units.
Paul Krauss: Which condition are you addressing now?
Craig Swaggert: Condition 3.
' Mayor Chmiel: Of?
' Craig Swaggert: Of this sixplex.
Paul Krauss: Oh, must be vacated prior to final plat approval. And your
' proposal was to certify letters?
Craig Swaggert: Right. Requesting vacation. And along with that, it's my
understanding that I don't have to, that I can still have two units occupied but
not six units.
Paul Krauss: I think that I would be comfortable with that unless the City
' Attorney has some objection if we had a date certain involved as to when we
would achieve at least the duplex or two units. If you would come up with a
date Craig for us to review. You know if we're talking 60 days hence, we'll
write that into the.
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City Council Meeting - July 8, 1991
11
Craig Swaggert: Well, it'd be 60 days from June 1st because I'd have to give
them notice on the first of the month. And in fact we have two units vacated
already.
Paul Krauss: Okay. We could go with August 1st or August 15th or whatever we
worked out. As long as we had .a date certain in the contract, I'm more
comfortable with that.
Craig Swaggert: Than the certified letters? Okay. And then number 5, the
driveway easements. My attorney would draft that? Is that correct?
Paul Krauss: Either your attorney would draft it in a form acceptable to our
attorney or our attorney would draft it and you'd be billed for the time.
•
Craig Swaggert: I think if I've got to pay for it I'd just as soon have my
attorney do it.
Mayor Chmiel: Our's is reasonable.
Councilman Mason: Cheap. And he's good too.
Craig Swaggert: Maybe he could do it during the Council meeting. 1
Paul Krauss: There is a problem though. I mean we have standard formatting for
that so if your attorney would check with Roger.
Craig Swaggert: Absolutely. And then on number 12, the tree preservation plan
shall be submitted by the applicant for city approval. Is that in conjunction
with the issuance of the building permit or the replatting? 1'
Paul Krauss: With the building permit. We should clarify that.
Craig Swaggert: Okay, and then on 13 the trail easement. Is that going to be '
part of the plat? The final plat or an easement?
Roger Knutson: Trail easements are not recorded on the plat. '
Craig Swaggert: They are not? Okay.
Roger Knutson: It's a separate document.
Craig Swaggert: Thank you. Do you have any questions for me? ,
Mayor Chmiel: No. I sat at the Planning Commission meeting so I guess.
Councilman Wing: Mr. Mayor, in order of time. One thing I didn't understand. '
I have two questions. One on the dock and one on the driveway. Paul, I didn't
understand why when there's somewhat of a formal entryway to Ches Mar Farms now,
an existing road, why wasn't there some way to preserve the existing road and
driveway. Why do we have to put in a second driveway? Second access on TN 41?
Paul Krauss: They're quite a distance apart and the existing curb cut wasn't
all that great anyway. There was some consultation with MnDot as to whether
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1
City Council Meeting - July 8, 1991
/I they felt this was an appropriate solution and they did. And it is a shared
driveway and we became comfortable with it at that time. We initially had some
concerns with that as well.
Councilman Wing: Okay. Perhaps my greatest concern is on the dock. Not the
fact that the dock's going in but maybe the location of the dock. What I wanted
to clarify, is the dock going west into the lake or do you intend to put the
dock into that little lagoon cut back area?
Craig Swaggert: It will go into the little lagoon cutback area.
Councilman Wing: I'm not sure if the ONR would accept that. I don't know if
' they were notified. The little lagoon I'm very familiar with and it's really
not even navigable in the fall of the year if the lake level. There's kind of a
reef and some rocks that go across the front of it and then it kind of deepens
slightly into the shoreline. It seems to be somewhat of a spawning ground. A
little setback reef area and I think it's environmentally not acceptable for a
dock. That's my opinion and if I had been home I would have asked the Council
to come and look at that physically because I think it's a very significant
' issue. I wouldn't be opposed to the boardwalk cutting through the wetlands and
then going straight west into the main lake portion itself. So I guess I'm
opposed to the dock's location going into the lagoon. I think that's a real
' issue and I think it should be looked at prior to approval. But also if you
haven't looked at that closely, it may not be to your benefit to put it there.
Craig Swaggert: I was out there this week to look at that issue. I've been out
there in the winter and the spring and it's kind of difficult to get to so I
brought my boat out there and went into that little lagoon. There is a reef
there. The,deepest part in that reef is about 3 1/2 feet.
' Councilman Wing: In high water.
Craig Swaggert: At today's level which is, it's about a foot below the high
water mark. For the 100 year high water mark.
Councilman Wing: In the fall of the season, because I sunfish out there, you
' can't get a pontoom boat across there without tilting the motor up because
there's enough rocks and so you're basically, if we have a low summer or our
average 18 inch drop on Minnewashta. This is the 20 year average. My dock has
' never changed it's position in 25 years. Where you're putting the dock is not
going to be, you're not going to be able to get boats in and out without
dredging or digging out a little channel. That's my opinion but more important,
' I really think prior to approval that needs to be looked at specifically. I
would favor the dock in any way going straight into the lake. Not into that
little lagoon. I think that's to your benefit but more importantly I think it's
a real important environmental question that we should look at.
Mayor Chmiel: I think staff could probably look at that and come up with some
conclusion on that if that's a real concern.
Councilman Wing: I think the proposal you have is excellent. It's an addition
to the area and I support it but I would ask consideration of the Council to
table this prior to staff looking at that dock placement.
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City Council Meeting - July 8, 1991
Paul Krauss: You've got this coming back for PUD agreement authorization. We
could do it prior to that. 1
Councilman Wing: That's fine. That will give time, that would be adequate then
for you to review that? If that's okay with you.
Craig Swaggert: Yes. Definitely.
Councilman Wing: In a personal note to you, having lived on the lake 25 years, ,
that literally is high and dry on that outer reef area in the fall season. Many
years. I don't know if the dock would be useable part of the year. Just a
comment. 1
Craig Swaggert: Thank you.
Mayor Chmiel: Okay, any other discussion? Hearing none, I'll entertain a ,
motion to accept all 4 and if you look on page 8, the first one and then carry
it through with the balance of each of the numbers. Okay. Want me to do it?
City Council approves PUD Amendment #91 -1 shown on plans dated May 28, 1991 with
a variance to the lot width requirement for Lot 1, Block 1 and the following
conditions of item 1 thru 13.
Councilwoman Dimler: 14. '
Paul Krauss: With a 14th condition.
Mayor Chmiel: With item number 14 added. Okay, City Council also approves a
Comprehensive Plan Amendment #91 -1 changing the Land Use Designation from
Residential Medium Density to Residential Low Density subject to the conditions
of the PUD Amendment, Conditional Use Permit and Wetland Alteration Permit.
Item number 3. The City Council approves Conditional Use Permit #91 -4 for a
recreational beachlot on Outlot A as shown on plans dated May 28, 1991 with the
following conditions. Items number 1 through 4. Also, City Council approves
Wetland Alteration Permit #91 -1 for construction of a permanent boardwalk
through a Class A wetland as shown on the plans dated May 28, 1991 with the
following conditions of items 1 through 6.
Councilwoman Dimler: Second.
•
Mayor Chmiel: Okay, it's been moved and seconded. Any other discussion?
Councilman Wing: Did my concern get covered in this or would I have to ask an
additional item under Conditional Use Permit for a beachlot regarding the dock
pending staff review?
Paul Krauss: I assume we've been directed to do that. We'll bring it back. 1
Mayor Chmiel moved, Councilwoman Disler seconded to approve PUD Amendment #91 -1
as shown on plans dated May 28, 1991 with a variance to the lot width
requirement for Lot 1, Block 1 and the following conditions:
1. The PUD agreement will be drafted and recorded against the property. The
PUD agreement will contain all conditions of approval for the PUD.
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City Council Meeting - July 8, 1991
2. A revised reliminar plat must be at'
P Y P submitted redesign ing Lot 2, Block 1 as
Outlot B.
3. The residence on Lot 4, Block 1 shall either be a duplex or single family
unit. The six apartment units must be vacated prior to final plat approval.
4. The applicant shall receive an access permit from MnDot for the proposed
access servicing Lots 1 and 3, Block 1 and Outlot A and B.
5. A driveway easement shall be provided across Lot 2 (Outlot 8), Lot 1 and
Outlot A and recorded against such properties. The driveway must be
constructed so as to accommodate emergency vehicles and must be maintained
1 in good passable condition.
6. The applicant shall be required to install a culvert sized by a professional
engineer, and approved by City Engineers prior to construction to
accommodate anticipated flows through the existing ditch on Lot 1, Block 1.
1 7. No more than 4 dwelling units will be permitted as part of the PUD; one on
Lot 1, one on Lot 3 and one on Lot 4 unless the existing building is
converted to a duplex.
' 8. Demolition permits are required for all demolition; demolition of all the
buildings to be razed shall be completed within 6 months of final plat
approval.
9. A revised preliminary plat shall be submitted showing all existing and
proposed on -site sewage treatment sites and proposed house pads and
elevations.
' 10. If a new residence is constructed on Lot 4, Block 2 it must meet all
required setbacks. All other existing buildings on Lot 4 must be razed.
11. The applicant shall meet any and all conditions of Conditional Use Permit
#91 -4 and Wetland Alteration Permit #91 -1.
12. A tree preservation plan shall be submitted by the applicant for city
approval for Lot 1, Block 1.
' 13. A revised preliminary plat shall be submitted by the applicant and shall
reflect revised southerly lot line of Lot 3, the trail easement across Lot
1, Block 1 in accordance with Park and Recreatio Commission recommendations
' and elimination of the driveway onto Outlot A. A barrier shall be erected
over the driveway at the lot line between Lot 1 and Outlot A to keep
vehicles from driving or parking on Outlot A.
' 14. A 20 foot trail easement running north /south shall be provided in a location
acceptable to the City.
All voted in favor and the motion carried unanimously.
1
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City Council Meeting - July 8, 1991
Resolution #91 -66: Mayor Chmiel moved, Councilwoman Disler seconded to approve
Comprehensive Plan Amendment #91 -1 changing the Land Use Designation from
Residential Medium Density to Residential Low Density subject to the conditions
of the PUD Amendment, Conditional Use Permit and Wetland Alteration Permit. All
voted in favor and the motion carried unanimously.
Mayor Chmiel moved, Councilwoman Disler seconded to approve Conditional Use
Permit #91 -4 for a recreational beachlot on Outlot A as shown on plans dated May
28, 1991 with the following conditions: 1
1. The recreational beachlot will be permitted only one dock with overnight
storage of up to 3 watercraft.
2. Launching of boats from the recreational beachlot is prohibited.
3. The conditional use permit for the recreational beachlot is only for the
proposed dock improvements. Any additional improvements to the recreational
beachlot shall require another conditional use permit and wetland alteration
permit. 1
4. The applicant shall meet any and all conditions of the PUD amendment #91 -1
and Wetland Alteration Permit #91 -1.
All voted in favor and the motion carried unanimously.
Mayor Chmiel moved, Councilwoman Disler seconded to approve Wetland Alteration
Permit #91 -1 for construction of a permanent boardwalk through a Class A wetland
as shown on the plans dated May 28, 1991 with the following conditions:
1. There shall be no filling or dredging /grading permitted within the wetlands. 1
2. The applicant shall receive a permit from the Department of Natural
Resources for the permanent boardwalk. 1
3. The proposed trail shall be constructed at least 10 feet away from the
wetland located in the southwest corner on Outlot A. 1
4. The wetland shall be permitted to return to its natural state after
installation of the boardwalk.
5. No other alteration to the wetlands are permitted without receiving another
wetland alteration permit. Further, all approved alterations shall be
undertaken at a time and in a manner so as to minimize disruption to the 1
wetland.
6. The applicant shall meet any and all conditions of the PUD Amendment #91 -1
and Conditional Use Permit #91 -4.
All voted in favor and the motion carried unanimously.
1
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1
CITYOF
, cHANHAssEN_
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
's
MEMORANDUM
U
TO: Don Ashworth, City Manager
1 FROM: Jo Ann Olsen, Senior Planner
DATE: October 8, 1992
1 SUBJ: Ches Mar Trails PUD Agreement
1 As a part of the PUD approval for Ches Mar Trails final plat, the applicant must enter into a
PUD Agreement. The attached PUD agreement/development contract includes conditions of
1 final plat approval.
Staff recommends the City Council approve the PUD Agreement for Ches Mar Trails as
1 shown in Attachment #1.
ATTACHMENT
' 1. PUD Agreement.
1
1
1
1
1
1
t
is or PRINTED ON RECYCLED PAPER
10/08/92 15:49 15'612 452 5550 CAMPBELLTTSON Z002/009
009
1
11 CITY oP CHANHASSEN
DEVELOPMENT CONTRACT
AND
PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated — , 1992, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, (the "City "), and
CRAIG T. SWAGGERT and TANNA L. MOORE, husband and wife, (the
1 "Developer"). -
1. Request for plat Approval. The Developer has asked the
City to approve a plat for CHES MAR TRAILS (referred to in this contract
as the "plat "). The land is legally described on the attached Exhibit A.
2. Request for Planned Unit Development Approval. The
Developer has asked the City to approve the plat and planned unit
development.
1 3. Conditions of Plat and Planned Unit Development Approval.
The City hereby approves the plat and planned unit development on
1 condition that the Developer enter into this Contract and abide by its
' terms.
4. Development Plan. The plat shall be developed in
1 accordance with the approved plat.
5. Improvements. The Developer shall install and pay for the
1 following:
A. Site Grading
B. Underground Utilities (e.g. gas, electric, telephone,
1 CA'V'
C. Setting of Lot and Block Monuments
1 D. Surveying and Staking
1
r10/08/92
1
10.0$.92 15:50 '$612 452 5550 CAMPBELL KYUTSON 003.009
1
6. Zoning. Except as specifically provided herein, the PUD
shall comply with the standards and requirements of the A-2, Agricul-
tural Estate District, zoning zonin classification as may be amended. 1
7. 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 1
conjunction with plat development. I
8. Grading, Drainage, and Erosion Control. Before the site is
rough graded, and before any construction is commenced or building
permits are issued, a grading, drainage, and erosion control plan must
be prepared by the Developer and approved by the City. The Developer 1
shall implement the plan and the City may make periodic inspections to
ensure compliance. The City may impose additional erosion control
1
requirements if they would be beneficial. All areas disturbed by the
excavation and backfi g operations o erations shall be reseeded forthwith after 1
the completion of the work in that area. Except as otherwise provided in ,
the grading, drainage, and erosion control plan, seed shall be certified
seed to provide a temporary ground 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 1
essence in controlling erosion. If the Developer does not comply with
the grading, drainage, and erosion control plan and schedule or
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. 1
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No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the approved grading,
II drainage, and erosion control plan. Erosion control must be maintained
until vegetative cover has been restored, even if construction has been
I completed and accepted. After the Site has been stabilized to where, in
I 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
II bales and silt fence. The Developer shall remove and dispose of the
erosion control measures.
1 9. Security. To guarantee compliance with the terms of this
Contract the Developer shall furnish the City with a letter of credit
I from a bank, cash escrow, or equivalent ( "security ") for $2,750.00. The
II amount of the security was calculated as 110% of the following:
Drainage Improvement
and Erosion control $ 2,000.00
'
Engineering, surveying,
and inspection $ 500.00
TOTAL COST $ 2,500.00
II The security shall be furnished the City before the plat is graded or a
building permit issued. The security will be released when the work is
I complete. The City may draw down the security, without notice, for any
violation of the terms of this Contract. If the security is drawn down,
1 the draw shall be used to cure the default. With City approval, the
security may be reduced from time to time as financial obligations are
I paid, but in no case shall the security be reduced to a point less than
10% of the original amount until all work is complete and accepted by
the City.
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10. Notices. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail at
the following address: 2739 Ches Mar Road, Chanhassen, Minnesota 55337.
Notices to the City shall be in writing 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: Chanhassen City
Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, '
Telephone (612) 937 -1900.
11. Other Special Conditions.
(a) This planned unit development agreement shall be 1
recorded against the plat.
(b) The applicant must receive an access permit from the
Minnesota Department of Transportation for the proposed access I
servicing Lot 1, Block 1; Lot 2, Block 2; and Outlots A and B.
(c) A driveway easement acceptable to the City shall be
provided across Outlots A and B and Lot 1, Block 1, and
recorded against such properties. The driveway must be
constructed so as to accommodate emergency vehicles and must be •
maintained in good passable condition.
(d) The applicant shall install a culvert sized by a
professional engineer, and approved by the City Engineers prior I
to construction to accommodate anticipated flows through the
existing ditch on Lot 1, Block 1.
(e) No more than four dwelling units shall be permitted as 1
part of the planned unit development; one on Lot 1, Block 1;
one on Lot 2, Block 2; and one on Lot 1, Block 2, unless the
existing building is converted to a duplex. Dwellings are
prohibited on Outlots A and B.
(f) Demolition permits are required for all demolition; I
demolition of all the buildings to be razed shall be completed
within six months of final plat approval.
(g)
If a new residence is constructed on Lot 1, Block 2, II
it must meet all required setbacks. All other existing
buildings on Lot 1, Block 2 must be razed.
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(h) The applicant shall meet any and all conditions of
Conditional Use Permit No. 91 -4 and Wetland Alteration Permit
No. 91 -1.
' (i) A tree preservation plan shall be submitted by the
applicant for City approval for Lot 1, Biock 1, before grading
' the plat.
(j) A revised preliminary plat shall be submitted by the
applicant and shall reflect the revised southerly lot line of
Lot 2, Biock 2; the trail easement across Lot 1, Biock 1 in
accordance with the Parks and Recreation Commission
recommendation; and elimination of the driveway onto Outlot A.
between barrier
Loth111Block erected
and Outlot to driveway
vehicles lot
from
between '
driving or parking on Outlot A.
1 (k) A twenty foot trail easement running north /south shall
be provided in a location acceptable to the City.
1 CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
(SEAL)
' AND
Don Ashworth, City Manager
' DEVELOPER:
CRAIG T. SWAGGERT
' TANNA L. MOORE
1 STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER
' The foregoing instrument was acknowledged before me this
day of _, 1992, by Donald J. Chmiel, Mayor, and by Don
Ashworth, city Manager, of the City of Chanhassen, a Minnesota municipal
' corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
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STATE OF MINNESOTA )
COUNTY OF )
The foregoing 1992, bymCRAIGaT. acknowledged
SWAGGERTand TAANNA L. MOORE,
day of _�
husband and wife.
NOTARY PUBLIC
1
DRAFTED BY: 1
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
RNK:srn
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10.08.92 15:52 $612 452 5550 CAMPBELL I CUTSON 2007.009
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EXHIBIT IllA"
TO
DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
CHES MAR TRAILS
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
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10.08/92 15:52 $`612 452 5550 CAMPBELL KNUTSON Z008/009
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CONSENT 1
, fee
owners of all or part of the subject property, the development of which
is governed by the foregoing Development Contract, affirm and consent to
the provisions thereof and agree to be bound by the provisions as the
same may apply to that portion of the subject property owned by them.
11
Dated this day of , 1992.
STATE OF MINNESOTA )
( se.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1992, by — •
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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11 CONSENT
r _, which
holds a mortgage on the subject property, the development of which is
governed by the foregoing Development Contract, agrees that the •
' Development Contract shall remain in full force and effect even if it
forecloses on its mortgage.
Dated this day of , 1992.
1
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1 STATE OF MINNESOTA )
COUNTY OF ( 55.
1 The foregoing instrument was acknowledged before me this
day of , 1992, by
NOTARY PUBLIC
DRAFTED BY:
1 Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
' 1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
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