The URL can be used to link to this page

03-17-93 Agenda and Packet '— FILE AGENDA CHANHASSEN PLANNING COMMISS._-. WEDNESDAY, MARCH 17, 1993, 7:30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Preliminary plat of a Planned Unit Development for 93 single family lots on 76.47 acres and a wetland alteration peiniit to create holding ponds on property zoned PUD, and located east of Powers Boulevard and southwest of Lake Susan, Lakes Susan Hills 9th Addition, Argus Development. 2. Preliminary plat of a Planned Unit Development and site plan to create 27 townhome lots on property zoned PUD, and located directly east of Powers Boulevard, adjacent to Lake Susan Hills PUD, Prairie Creek Townhomes, Jasper Development. 3. Non-conforming use permit for Schmid's Acres Recreational Beachlot. The permit shall describe the nature and extent of the use allowed. — 4. Concept plan to rezone property from BG, General Business to PUD, Planned Unit Development for expansion of an office and manufacturing facility located at 7900 Monterey Drive, West One Expansion, Doug Hanson, West One Properties. 5. Zoning Ordinance amendment to the City Code to define dock setback zones. OLD BUSINESS NEW BUSINESS APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS ADMINISTRATIVE APPROVALS OPEN DISCUSSION — ADJOURNMENT C I TY 0 F PC DATE: 3/17/93 t71. 4 C H A N H A S S E N CC DATE: 4/12/93 r CASE #: 87-3 PUD By: Olsen/Hempel/v STAFF REPORT PROPOSAL: Preliminary plat to create 91 single family lots on 76.74 acres zoned F- PUD-R Z Q LOCATION: East of CR 17 (Powers Blvd.) just south of the existing Lake Susan Hills (� West PUD 0.0. APPLICANT: Argus Development, Inc. Pioneer Engineering Suite 201 and 204 2422 Enterprise Drive Q 3459 Washington Drive Mendota Heights, MN 55120 Eagan, MN 55122 PRESENT ZONING: PUD-R, Planned Unit Development-Residential ACREAGE: 76.74 acres (gross) and 28 acres (net) DENSITY: 1.2 units/acre (gross) and 3.2 units/acre (net) ADJACENT ZONING AND LAND USE: N - PUD-R; Lake Susan Hills PUD Q 5 - A2, single family E - PUD-R; Chanhassen Hills and Lake Susan Q w _ PUD-R; Lake Susan Hills PUD WATER AND SEWER: Water and sewer are available to the site W I— PHYSICAL CHARACTER.: The site consists of a variety of rolling agricultural fields, wetlands and wooded areas 2000 LAND USE PLAN: Residential Low Density irlh ----- Op • ..,---..-------\ 4 ki5 ____- rioll.1)A 14 I 1 Z2 ,14•• .4,., ,:.ai . / ..:,..:iii‘ .,, Ilii::::.:: LAA; . ; liii % '4‘4., : ' p -\1/) % �:� _ isb . , .4k • . V,-.. - .1004,04 a .- : /6- wiii 1, SitiYEN -J ` `��„�� `l PN� ��I�� • i . c.iRCLE w•�tilly..f �� a�� QEtr , I LAKE SUSAN- • 1 )• (2 v , 1 art a . ., ,. • ift:Ititleik 4ttag. 1 RC .., ,.. i ito , ---:-\\ I . sc. v „„1,,,,,<6 .gia* \N. „-----_,______ ,_ ...,240, 1 it 4,/ _ ... V . . .-4•L- N 3 p R� -• . • ,�Q 1 • ,• I . Iiiii .,.. , , • 1 RTIV 4ON �` - r R _- . �.: � L titit; 11 PMS �_ 0Illr 74 p 7 \ xv Allik;'4 •Lm ! _ MI MI_ . ‘. . , ,... tr-17- ... ,„_--.--:, -, utimr p2 , .... , _ , . __„—_\.,.4.1, 474. ----- - °L. tvers-\$v . . #, „ _ i .c . , 0 - I -;-=.3 b \scv • ) , , ; , bi1 r __ ii,.',..., :-1--1 '.-- . 7--.,:,----:..4„,:(3)1 , *NI 0 Alibi es . .::..:,:,„:,::„ , , im. EvAR,4"-----1 ----I , - '.:.:„„:::::, - _ ., , _ _ ,. ,...:...:.:.:„„0.,. . :... 1 1 ,i., M :, 1 `�/ / it - O i k BANO/NERE ft 1 Qq- , /GHTS , • - - - rt --- I - BAND/ME' �� ''� � ;` i1 l. �� L i Er -,t- -. �11`` l / . PARK ,�� E� D -F.f '...: :_• R/L E v at - —, - - _ /I ,4 .40 !amp. II i i eili ..?:,f.,!1,, • i_ - .i. T.-.,•.,/ ,• !I • -4, 70 lir . \ I .• . :‘ I- • ., • A.......--ff-r2,.....,\ !'" I T f - Lake Susan Hills 9th Addition March 17, 1993 Page 2 BACKGROUND In 1987, the City Council approved a concept plan for Lake Susan Hills PUD. The planned unit -' development was a mixed residential development containing no more than 411 single family lots, three outlots (Outlots B, C and D) for medium density (no more than 9.3 units/acre) and one outlot (Outlot A) for high density (no more than 17.4 units/acre) (Attachment #1). The PUD — contained property on both the east and west sides of Powers Boulevard (CR 17). Argus Development/Joe Miller Homes has developed the existing Lake Susan Hills single family lots under eight additions. Argus Development/Joe Miller Homes is now proposing to develop the remaining single family lots as the 9th Addition. Under the original concept plan approval, the applicant was permitted to have some lots under the required 15,000 square feet, but the number of single family lots could not exceed 411 (Attachment #2). Throughout the concept plan approval, it was stated that the 411 single family lots were not guaranteed and that each preliminary plat would have to meet the subdivision, wetland, etc. regulations. The applicant was required to dedicate four outlots for park dedication (Outlots E. F, G and H). The attached PUD contract further details the conditions of concept approval. With each phase of development, the applicant has had to receive preliminary and final plat approval. The review of each phase used the concept plan and PUD contract as guidance. The applicant has continually been developing the PUD in phases since PUD approval. The applicant has developed eight additions of the single family lots. The previous additions contained the following number of single family lots: 1st Addition 86 Lots 2nd Addition 21 Lots — 3rd Addition 55 Lots 4th Addition 36 Lots 5th Addition 14 Lots 6th Addition 12 Lots 7th Addition 60 Lots 8th Addition 36 Lots TOTAL # OF SINGLE FAMILY LOTS PLATTED 320 LOTS — TOTAL # OF SINGLE FAMILY LOTS REMAINING 91 LOTS TOTAL # OF LOTS PERMITTED 411 Lake Susan Hills 9th Addition March 17, 1993 Page 3 — PROPOSAL/SUMMARY — The applicant is proposing to plat the remaining single family lots of the Lake Susan Hills PUD. There were a total of up to 411 single family lots permitted by the approved concept plan in — 1987 and there have been 320 single family lots platted to this date. Therefore, there are up to 91 single family lots remaining which can be platted. The applicant is proposing to create 90 single family lots. — The Lake Susan Hills PUD contained property on both the east and west sides of Powers Boulevard (CR 17). The remaining unplatted property designated for single family lots as part of the PUD is on the east side of Powers Boulevard. The east side of Powers Boulevard contains more natural features than the west side. The east side of the PUD contains Lake Susan, wetlands and heavily forested areas. The original PUD was required to dedicate public open — space along Lake Susan, therefore the lots adjacent to Lake Susan are not riparian lots. The final 9th addition contains the two largest wetland areas of the whole PUD. The large wetland areas are being protected and dedicated to the city as an outlot. The 9th addition also contains significant forested areas. The two major issues with the proposed preliminary plat for the 9th addition was the number of lots proposed and the amount of tree removal. The original submittal for the 9th addition contained 93 single family lots. This exceeded the number of remaining single lots permitted — by two (2). The proposed 9th addition closely followed the approved concept plan as far as lot configuration, lot sizes, and lot and street locations. Even though the proposed plat was fairly consistent with the approved concept plan, the detailed preliminary plat submittal, including the grading plan, made it apparent that there would be a great loss of the forested areas. Upon inspection of the site, these forested areas proved to be significant with large hardwoods that should be protected. Staff contacted the applicant and stated that the number of lots could not ... exceed the remaining 91 single family lots permitted and that the amount of tree removal had to be reduced. Staff also explained that there is a growing neighborhood opposition to the project (Chanhassen Hills PUD) due to the loss of trees. — The applicant met with staff to review options for the plat to contain the approved number of lots and preserve the vegetated areas. The two areas which were affecting the vegetated areas were two southerly cul-de-sacs. Since the number of lots had to be reduced, staff recommended that the southwesterly cul-de-sac (Drake Court) be eliminated and that flag lots be used instead. Drake Court was resulting in almost the complete removal of a stand of trees. Another — suggestion was to shift Mallard Court to the west, use reduced setbacks and custom grading. The applicant has revised the preliminary plat. Drake Court has been removed along with two lots from this location. Instead of a cul-de-sac, the applicant is proposing to service flag lots. This amendment to the plans has pulled back the lots from inside the vegetated area and has _ Lake Susan Hills 9th Addition March 17, 1993 Page 4 reduced the amount of grading. As a result, a significant portion of the vegetated area is being preserved. The applicant has also shifted Mallard Court to the west, reduced front yard setbacks and is proposing custom grading on certain lots which has resulted in the preservation of vegetated areas. The applicant has also removed one lot from Crane Court which was requiring extensive grading and retaining walls. The result of the proposed changes by the applicant is that the number of lots has been reduced to 90 (one below what could have been permitted) and some of the significant forested areas are being preserved. Another concern with the proposal was with park land and trails. The original proposal showed Outlot E being dedicated to the city for parks and open space. This was required as part of the PUD concept approval. The original boundaries of Outlot E, as submitted by the applicant, was consistent with the concept plan approval. The applicant was locating a portion of their required ponding areas within the areas that would become city property. Since this was locating private facilities inside public property, specifically, park property, the Park and Recreation Department was considering allowing the ponds in these locations if they received something in return (such as development of trails). The revised plans show the ponding areas the same locations, but the lot lines have been adjusted so that the ponds are now all within the single family lots and not on city property. By doing this, the applicant has removed the amount of area to be dedicated to the City as required by the concept plan approval. The applicant must dedicate at least 33.9 acres to the city. Todd Hoffman, Park and Recreation Director, is working with the applicant to verify the amount of acreage being dedicated to the city to ensure the correct amount of acreage is provided. If the lot lines have to be adjusted back so that the ponds are again within the city property, the applicant will have to continue to work with Todd Hoffman. The city has the right to deny the ponds to be located within city property and require the applicant to provide the ponding areas on their property. Sewer and water are available to the site. the applicant is proposing four (4) retention ponds in accordance with the City's comprehensive storm water management plan. The retention ponds will be built to NURP standards. The overall grading proposes to maintain the existing drainage pattern which is from west to east. The city and the applicant should work with Carver County to determine if the proposed storm sewer system should be upgraded to accommodate future improvements to CR 17. With the changes made to the plans and the resolution of the Park and Recreation issues, the proposed preliminary plat is in conformance with the approved concept plan. Staff is recommending approval with the proposed conditions. Lake Susan Hills 9th Addition March 17, 1993 Page 5 PRELIMINARY PLAT The applicant is proposing to subdivide 76.74 acres into 90 single family lots. The property is zoned PUD-R, Planned Unit Development-Residential. The property was rezoned to PUD-R in — 1987, as part of a large PUD - Lake Susan Hills. Lake Susan Hills PUD contained property on both the easterly and westerly sides of Powers Boulevard (CR 17). The Lake Susan Hills PUD contained single family lots (up to 411) and four outlots for medium and high density. As the property is platted, it must conform to the approved concept plan and PUD contract. The concept plan provided general lot and street locations. The concept plan did not provide details on grading, utilities, etc. As each phase comes in, it must conform to the concept plan or else receive an amendment to the PUD approval. To this date, only the single family lots have been platted. The medium and high density areas have remained as outlots (one of the outlots for medium density is in the process of being platted at this time-Prairie Creek). The single family lots have been developed in eight phases with a total of 320 single family lots being platted. The PUD contract allows up to 411 single family lots throughout the whole PUD. Therefore, the applicant can plat up to 91 single family lots with the 9th and final addition. The proposed 90 single family lots are located along one major street, which is an extension of the existing Lake Susan Hills Drive and around two cul-de-sacs. There is city owned land between the lots and Lake Susan, so there are no riparian lots within the PUD. The lots range in size from 12,325 square feet to 31,475 square feet, with an average lot size of 13,658 square feet. The gross acreage is 76.74 acres and the net acreage (just lot areas) is 28 acres. The gross — density is 1.2 units/acre and the net density is 3.2 units/acre. The attached compliance table breaks down the lots and blocks. The original PUD permitted an 80' lot width and required the typical 30' front yard setback. The proposed lots meet these requirements. There are some lots which would benefit by having a 25' front yard setback. A 25' front yard setback on some of the vegetated lots will pull the house pads out of the trees. A similar situation occurred with the Johnson/Dolejsi property which was recently approved by the city as a PUD. The city added a — condition of approval that the front yard setback could be reduced to 25'. This condition allowed the city and developer the flexibility to work with each lot to preserve vegetation. SITE CHARACTERISTICS The 9th addition is located on the easterly side of Powers Boulevard (CR 17). The subject site — contains a two large wetland areas, Lake Susan and heavily vegetated areas. The site has rolling topography and an area that until recently has been farmed. The two wetlands are located just south of the proposed lots and are classified as Ag/Urban by the city. The wetlands are not being altered and all runoff is being treated prior to entering the wetlands, therefore, a wetland alteration permit is not required for this application. There is a ditch south of the wetlands which _ Lake Susan Hills 9th Addition March 17, 1993 Page 6 runs into Lake Susan. The ditch and wetlands are part of an outlot which will be dedicated to the city for parks and open space. The heavily vegetated areas are within along the southeasterly and southwesterly lots. The forested areas contain large, mature hardwoods. GRADING AND DRAINAGE The majority of the site, outside of the wetlands, is proposed to be graded which will require extensive tree loss. Concerned about the amount of tree loss, staff has met with the applicant to work out ways to reduce the tree loss. The applicant's engineer, Mr. Paul Cherne, has recently prepared a revised grading plan which reduces grading in the three cul-de-sacs as compared to the initial plan submittal. Drake Court, the most southerly cul-de-sac, has been deleted, thus eliminating two lots which in turn will greatly reduce the grading limits and tree loss. The flag lots will be custom graded when the building permits are issued in an effort to selectively save trees on the lot. Mallard Court is somewhat limited in grading alternatives due to the terrain. The street basically follows the ridge line and the lots drop off severely in elevation. This, combined with the _ location of the wetland, severely limits location and placement of the street. The applicant has proposed some modifications which reduce the amount of tree loss. By a combination of shifting the road westerly 5 feet and reducing building setbacks to 25 feet enables the house pads and grading limits on the east side of Mallard Court to be shifted westerly away from the tree line. There still will be a significant loss of trees along this area; however, these modifications will preserve trees along the rear of Lots 5, 6, 7 and 10, Block 3. In addition, the lots at the end of the cul-de-sac will be custom-graded at the time of building permit in an effort to minimize tree loss. Tree preservation easements will also be required. Another area where grades may be modified in an effort to save grading as well as trees is along Lots 26 through 29, Block 5. This may require the street grade along Lake Susan Hills Drive to exceed the City's street grade limit which is 7%; however, it is not unusual to grant a variance from this condition in an effort to save trees. One ramification from this would be the type of house design on those lots may be limited to a rambler versus a desirable walkout. One safety concern staff has is the street grade approach at the intersection of Powers Boulevard (County Road 17) and Lake Susan Hills Drive. The applicant should design Lake Susan Hills Drive with a "landing" area of approximately 75 to 100 feet in length with a maximum street grade of 39% to improve vehicle ingress and egress through the intersection. The grading plans propose 4 retention ponding areas prior to discharging into the adjacent wetlands. The proposed ponds are in accordance with the City's comprehensive storm water management plan. Retention ponds will be built to NURP standards. The applicant will be required to provide an outlet control structure in each pond to control discharge rate into the wetlands. The final plat should provide the appropriate utility and drainage easement to access Lake Susan Hills 9th Addition March 17, 1993 Page 7 the ponding areas for maintenance purposes. Specific review of these types of improvements and concerns will be conducted during the construction plan and specification review process. The overall grading format proposes to maintain the existing drainage pattern which is from west to east. The steepest resulting slopes (3:1) are proposed in the rear yard areas of the lots surrounding the wetland and retention ponds. Slope stabilization methods in accordance with the City's Best Management Practice Handbook (BMPH) such as wood-fiber blankets and Type III — erosion control fence should be utilized. The plans propose a series of storm sewers to convey street and overland storm runoff to the — retention ponds. At some point in the future, Powers Boulevard will be upgraded to a four-lane urban section. The upgrade will include storm sewers which will need to discharge into pretreatment ponds. It may be prudent at this time to work with the County Highway Department to see if any of the proposed storm drainage improvements in this development could be utilized in the future. If so, the proposed storm drainage improvements should be modified and the applicant compensated for oversizing of storm sewer pipes and ponding areas. — At the time of this review, staff has not been supplied with any soil boring information regarding this parcel. As in previous projects, staff has encountered problems with residential sump pump — discharge into the City's streets creating safety concerns both during the summer and the winter. The applicant should be aware, upon receipt of soil borings or other information, the City may require the installation of a drain tile system behind the curbs for the sump pumps to discharge into. UTILITIES — Both municipal sanitary sewer and water service is available to adequately service this development. An 8-inch sanitary sewer line is proposed to be extended from Phase I of Lake — Susan Hills West along the west shore of Lake Susan into the development. Water service is proposed to be extended from the dead-end water lines in West Lake Drive and Lake Susan Hills Drive. An 8" water line will be extended throughout the development and looped back into the — existing water line in Powers Boulevard at the south end of the project. Detailed utility construction plans and specifications will be required for staff review and formal approval. All utility construction plans shall be in accordance to the City's latest edition of Standard Specifications and Detail Plates. Location of all fire hydrants shall be approved by the City's Fire Marshal. All utilities and ponding areas located outside the City's dedicated street right-of- _ way will require the appropriate drainage and utility easement and shall be denoted on the final plat. Utility and drainage easements outside of the right-of-way shall be a minimum of 20 feet in width. _ Lake Susan Hills 9th Addition March 17, 1993 Page 8 STREETS The site plan proposes to extend Lake Susan Hills Drive to the south and reconnect to Powers Boulevard adjacent to Lake Susan Hills Drive from the west. Public Safety staff has concerns with the street name of Lake Susan Hills Drive because the same name also exists west of Powers Boulevard thus adding confusion and/or delays in responding to emergency calls. Public Safety will be responding to this concern. Lake Susan Hills Drive is currently constructed slightly wider (35 feet versus 31 feet) because of its function as a local collector street. The applicant has proposed to maintain this design throughout the development. Cul-de-sac streets are proposed at the City's typical width of 31 feet wide. The right-of-way for the cul-de-sac streets and West Lake Drive are 50 feet wide and Lake Susan Hills Drive is 60 feet wide which is in accordance with the approved PUD. Street grades throughout the project range from 0.50% to 5.60% which is within the City's regulations. A 5- foot wide concrete sidewalk is also proposed on the west side of Lake Susan Hills Drive. The sidewalk should also be extended west on West Lake Drive to connect to the existing sidewalk at Dove Court. A trail system is also requested by the City along Powers Boulevard. At some time in the future, approximately 5 to 10 years, Powers Boulevard will be upgraded by a joint City/County project to a four-lane urban section. It appears that sufficient right-of-way exists for the future upgrade of Powers Boulevard; however, as pointed out by Mr. Roger Gustafson, Carver County Engineer, the County and City should get together to discuss the future cross-section of Powers Boulevard prior to final platting to ensure that no additional right-of-way is necessary. In fact, staff is recommending that the city pursue vacating a portion of the right-of-way from 150' to 120' which is required for a 4 lane undivided urban section. Detailed street construction plans should be submitted for staff review and formal approval. Street construction shall be in accordance with the City's latest edition of Standard Specifications and Detail Plates. Street plans should also include construction of the required deceleration and acceleration along Powers Boulevard pursuant to Carver County Highway Department's comments. All work in utility highway right-of-way will require a permit from the County. LANDSCAPING AND TREE REMOVAL The concept plan designated some areas for boulevard and entrance landscaping (Attachment#5) and the PUD contract stated that the applicant shall provide $150.00 of landscaping per single family unit. The applicant has submitted a landscaping plan which provides landscaping along Powers Boulevard (CR 17), but no internal boulevard landscaping. The landscaping plan needs to be amended to provide landscaping within the PUD as shown on the concept plan. Lake Susan Hills 9th Addition March 17, 1993 Page 9 Specifically, landscaping must be provided along Lake Susan Hills West Drive and at the intersections of Mallard Court, Crane Circle and Dove Court. The landscaping along Powers Boulevard is inadequate in that berming should be provided where possible and the landscaping materials need to be upgraded in terms of quality. The city has a suggested list of landscaping materials. Staff is recommending that the applicant be required to use the Primary species from the list for at least 50 qc of the hardwoods, and that the applicant submit a plan for providing $150 worth of landscaping for each single family lot. The proposed landscaping for each single family unit and the overall amended landscaping plan must be submitted for staff approval prior to final plat approval. The landscaping plan shows the vegetated areas and the amount of tree removal. The site contains significant forested areas that should be preserved as best possible. The forested areas contain large, mature hardwoods (primarily oaks). The forested areas are on the steeper — elevations of the site where they have not been removed for farming purposes. Because of their location, the forested areas provide screening to and from surrounding properties. The vegetation is also in locations where extensive grading is required to develop the site. The grading of the site for streets, utilities and lot preparation is resulting in the loss of a number of trees. The original PUD concept plan showed two southerly cul-de-sacs located into the forested areas. The original preliminary plat for the 9th addition followed the concept plan and the result was a significant amount of tree removal. Even though this plan matched the approved concept plan, it was made clear during the concept plan approval that conditions could be added as each phase — came in to meet city regulations. Staff could not approve the amount of tree removal that would occur with the first preliminary plat submittal and required the applicant to amend the plat to preserve more of the vegetative areas. To completely preserve the forested areas, the two — southerly cul-de-sacs should be removed, but the amount of lots lost would make this extreme option difficult to support. Therefore, staff worked with the applicant to come up with something in between complete removal and complete preservation of the forested areas. The amended plans makes the following changes: 1. Mallard Court has been shifted to the west and front yard setbacks have been reduced to — 25' along Mallard Court to pull back the grading on Lots 5-10, Block 2. The applicant is also proposing custom grading on Lots 5-7 and 10, Block 2 and Lots 1-4, Block 4. — Custom grading allows each site to be prepared for the individual house rather than mass grading the site at the beginning of the project. Staff is adding to the number of lots which shall be custom graded. Lots 4, and 27-38, Block 4, Lots 20-29, Block 5. A tree preservation plan will be required for all lots with custom grading. 2. The southwesterly cul-de-sac, adjacent to Powers Boulevard (CR 17), has been replaced -_ with flag lots and two lots have been removed (Lots 35-38, Block 4). Again, custom grading will be required. This change has saved trees which would have otherwise been completely removed. — Lake Susan Hills 9th Addition March 17, 1993 Page 10 All of the vegetated areas that are being saved shall be preserved by a conservation easement. Attachment #3 is a tree inventory taken of the site. The numbers correspond to the numbers on the landscaping plan. This list shows what type and size of tree are on the site and from this list it can be determined what type and size of trees are being removed. Replacement of the trees removed from the site is another reason the applicant must improve and expand the landscaping _ plan. The city can require caliper replacement of trees. Staff is recommending that the applicant work with staff and the DNR forester to develop a reforestation plan to replace the tree removal. WETLANDS There are two large wetland systems on the subject site. Both wetland areas have been designated as AG/Urban by the new city inventory. This means that a buffer strip of 0' to 20', with a average of 10', must be provided around the wetland. The applicant is not proposing any alterations to the wetlands. NURP ponds are being provided directly north of the central wetland along Lots 6-29, Block 4. The remainder of the two wetland boundaries are being left natural and are part of an outlot being dedicated to the city as park and open space. There are some areas where the NURP ponds are directly adjacent to the wetland, with no buffer strip. Staff is comfortable with this since the majority of the wetland boundary is completely buffered from any development. The average buffer strip greatly exceeds the required 10'. The ordinance also requires landscaping of the buffer strip, if natural vegetation does not exist. This is not required since the buffer strip does contain natural vegetation. The wetland boundaries shall be staked at each lot line with the city specified monumentation PARK AND RECREATION The Park and Recreation Commission reviewed the aforementioned preliminary plat on Tuesday, February 23, 1993. The staff report presented to the commission is attached. The primary focus of discussion that evening centered on the preservation of trees. A group of residents residing '— in the Chanhassen Hills area were in attendance at the meeting. Councilman Wing also was present for the discussion. A representative of the applicant was not present. As indicated in the staff report, action taken by the commission was a formality, but confirmed the conditions of the PUD Agreement in respect to parks, open space, and trails. Upon the conclusion of discussion that evening, the following recommendation was unanimously approved: 1. Dedication of Oudot E to the city; 2. Construction of an 8-ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D and E; Lake Susan Hills 9th Addition March 17, 1993 _ Page 11 3. The construction of an 8-ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B; and — 4. Park fees are assessed at one-half of the rate in force upon building permit application. All trail fees have been waived as a part of the development of Lake Susan Hills West. The applicant is proposing to construct storm water ponds within park property. The Park and — Recreation Commission required construction of trail Segments A, C and F as payment in kind for the right by Argus Development to encroach on park property for ponding purposes. The _ most recent plans submitted by the applicant show the lot lines being adjusted so that the ponding areas are within the lot areas. Staff has spoken with the applicant in this regard, informing him that the encroachment issue cannot be solved by simply altering property lines. The — configuration of Outlot E, as documented on the city base map, is to remain unaltered. Furthermore, it is recommended that the two trail easements identified allowing access to the shoreland trail be consolidated into one 40-ft. easement at the location of the northerly easement. Benefits of doing so include: 1. Minimization of potential conflicts with adjoining property owners. Explanation: The consolidation will reduce the number of affected lots to two; and the doubling of the width of one easement from 20-feet to 40-feet allows sufficient room for buffering. 2. Minimizing impact to trees and vegetation. 3. Reduction of maintenance responsibilities. — RECOMMENDATION Planning staff recommends approval of preliminary plat for Lake Susan Hills 9th Addition as shown on plans dated March 9, 1993, with the following conditions. 1. The front yard setback can be reduced to 25'. 2. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. 3. The applicant shall supply detailed storm sewer calculations for a 10-year storm event and ponding calculations for the retention ponds (NURP standards) for the City Engineer to review and approve. Lake Susan Hills 9th Addition March 17, 1993 Page 12 4. The applicant shall supply detailed construction plans for utility and street improvements for the City to review and formally approve. All utility and street improvements shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. _ 5. The applicant shall be responsible for obtaining and complying with all necessary permits such as MWCC, Health Department, Watershed District, PCA and Carver County Highway Department. 6. The applicant's engineer shall review the lot grading on Lots 26 through 29, Block 5 to see if adjustments to street grade along Lake Susan Hills Drive are feasible in an effort to reduce tree loss on said lots. 7. The street grade approach at the intersection of Powers Boulevard and Lake Susan Hills Drive shall maintain a landing area of 100 feet and a street grade of less than 3%. S. All retention ponds shall include an outlet control structure to control discharge rate pursuant to NURP standards. 9. The Applicant shall provide maintenance access routes to the retention pond areas and dedicate the appropriate easements on the final plat. In addition, all utility lines outside the street right-of-way shall be dedicated with a minimum of a 20-foot wide drainage and utility easement. 10. Erosion control and turf restoration shall be in accordance with the City's Best Management Practice Handbook. 11. If feasible, the applicant shall work with the City and County in oversizing the storm drainage improvements to include the future runoff from the upgrade of Powers Boulevard. The applicant would be compensated for the associated oversizing costs. 12. The location of all fire hydrants shall be approved by the City's Fire Marshal. 13. Mallard Court should be renamed to either Drake Court or some other acceptable street name. 14. Five-foot concrete sidewalks should also be extended from Lake Susan Hills Drive west to Dove Court. 15. The city shall petition Carver County to vacate unnecessary right-of-way for Powers Boulevard (CR 17). Lake Susan Hills 9th Addition March 17, 1993 Page 13 16. The vegetated areas which will not be affected by the development will be protected by a conservation easement. The conservation easement shall permit pruning, removal of — dead or diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. Generally the conservation easement shall be on the following lots: Lots 1-6, Block 2 — Lots 1-5, Block 3 Lots 1-4, 29-38, Block 4 Lots 23-29, Block 5 17. The following lots shall be custom graded and shall provide a tree preservation plan for staff approval prior to issuance of a building permit- Lots 5-7 and 10, Block 2, Lots 1-4, 27-38, Block 4 Lots 20-29, Block 5. Staff shall have the right to require a change in house pad and location if it will result in saving significant vegetation. _ 18. The landscaping plan shall be amended to provide the following: 19. Increased landscaping along Powers Boulevard (CR 17) and internal boulevard and entrance landscaping. 20. Improved landscaping materials, with at least 50% of the hardwoods from the Primary species list. 21. A plan providing $150 worth of landscaping/single family unit. 22. Dedication of Outlot E to the city; 23. Construction of the following trails: a. an 8-ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D and E; b. an 8-ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B; c. Trail segments A, C and F 24. Park fees are assessed at one-half of the rate in force upon building permit application. All trail fees have been waived as a part of the development of Lake Susan Hills West. Lake Susan Hills 9th Addition March 17, 1993 Page 14 25. Amend the lot lines so that the lots are not within park property. 26. The two trail easements identified allowing access to the shoreland trail be consolidated into one 40-ft. easement at the location of the northerly easement. 27. Building Official conditions: a. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan. b. Submit details on corrected pads including compaction tests, limits the pad and elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. c. Oversized street signs shall be placed at each of the four outlets of Lake Susan Hills Drive on Powers Boulevard. The signs shall indicate the range of addresses on the street. ATTACHMENTS 1. PUD Concept. 2. PUD Agreement. 3. Memo from Dave Hempel dated March 2, 1993. 4. Memo from Steve Kirchman dated March 10, 1993 and February 16, 1993.. 5. Memo from Mark Littfin dated February 10, 1993. 6. Memo and staff report from Todd Hoffman dated March 10, 1993. 7. Letter from DNR dated February 17, 1993. 8. Letter from Carver County dated February 18, 1993. 9. Proposed landscaping plan. 10. Tree inventory. 11. Compliance table. 12. Reductions. 13. Preliminary plat dated March 9, 1993. F% IA . D . at-%/416/ r P.,, l� -- ' .� �� titerE — ^''�J Oo'`� / CITY PARK. Ga'` CD 1.1.7" i> ��X03 . 04VIRIp!2 FIs �, � oe�asia ry, c sd[,) .• i ......:L.:.5.a...P OI.TTL ,- C C - a / 0. ir bilip,R41 (... 3 d Add s 41111111114" 0 •..c e /40 tort 48 u ji, ,i......... ,„:„, we.. ;,,,..,. . ,/ _ ___, • T. ifk 14111, 4141111PAPIP. or mil Ivo sto01. WE' � CoQ �� - , 1 �� .ave Mow i t* a c. rall10110k 0 i . e1111 9dia 4111111111Iliggyi• ikt , eo 0� le ea • 40.. � d t 41&,": ' '.-'-,' ti ' W 11111,Vr. -:. J % T ' gi-, 4441 f *A, /., # AI . ;••-•••-• Nitip 0.1143% 111, /4 1/ ' 1• 11.411 Po ."1:•/ t• AC40. /14-•.• . + ' / i . , i 1 .., , ,,, • e�� 14r4* e r •f C:3 ', ' silf, ) ar .-.. i it I t1, \`• 0I0al 2 7 • OC v Mat lN...L.p KO �. . 0 ..... !..n 1r..n.a.m r. ' .. t_ d Iw•aui, 1.a t...mrt�nf. auur)r G!n•.L u. .,.1u `, / V• ur .n••c.— w..l.. I.. • •••••••1�1 _. \' .\�. I �/ .•III I[1 X1.1 Il..IC. 1........M•..•.. ..i 1.•. •• t . _. •7 .L.......:... .........•.... , -Pr, I •••111C1 .11•PIL*rt.t••t ,.,.t. •w,•••«••••••.I..••.•w••.•.• •••w••«•, ` -- 0 V., L..11t1•.. I.L•.I •I1 ......•••••es.......••.......t. 1 gr ‘ ......., 310.1 aC. 66. I lir 111601 •••••.•/.r«•••..••.•1••...w•••.•1006.40• IAI Al1 I - .It.t.t_•. LH N••1.16 11.111111tt, _,, \( ...... //// II , I'. N''N.,•' ,.at 1•r/114•1 I .w••.... .,...w•.••....•... I I I . N' •itN N.tr 1.t.6.66 4141 ..•.-.••..•.•.....w r.....«..•.••w. 1...•••••1••••••••••J ALV I__ __,-- _____, •,•Kr.1114.41 ti•••13a01 toe.141.1.1. int t_t-1•1• .L. • S 141.t...• •. . .• • ••.1.1._.....••........se 11. O. ') 7 I� 'r'•N- 11••••,./I••14••••• JI •L..«.y.. ••.......,. w 11.. .1.• - . I - _ lit' tl..LN0/6• - JamesR. Hill, inc. P.�•p- w� II LAR[ SWUM Mlllt �&,i. lflM� LIR[ SUSAN HILLS -'Ir4 • m• • - � PLANNERS /ENGINEERS/SURVEYORS 14.1.7-At CAA 1/41.Cr--..6.) M PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT, dated November 16, 1987, between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City") , and LAKE SUSAN HILLS , a Minnesota general partnership, and JAMES A. CURRY and BARBARA CURRY, husband and wife (the 'Developer") . 1. Request for Planned Unit Development Approval. The Developer has asked the City to approve a Planned Unit Development to be known as "LAKE SUSAN HILLS WEST PUD" (the "Development") on the land legally described on the attached Exhibit "A". 2 . Planned Unit Development Concept Approval. The City hereby grants general Concept Plan approval of the plan attached as Exhibit "B". Approval is subject to the following: development and final stage approval , a negative declaration of the EAW, compliance with the EAW review findings and compliance with the teras and conditions of this Agreement. Except as modified herein, each plat shall also be subject to the standards of the City's Zoning and Subdivision Ordinances as may be amended from time to time. 3 . Density and Use. The following densities are approximate and subject to change: A. Single Family Residential. The total number of single family lots in the development shall not exceed 411. Except as modified herein, single family lots shall be developed in accordance with the uses, standards, and requirements of the RSF Zoning District. B. Multiple Family (High Density Residential) . The development shall provide a minimum of 21. 5 acres of high density multiple family residential units. The total number of dwellin4e3.E:^t 2f rr o v 19 r11 /16/87 CITY OF CHANHASSEN a __ �� • high density multiple family residential property shall not exceed 375, or a density greater than 17. 4 units per acre. Except as modified herein, the development of the high density multiple family residential — shall be in accordance with the uses, standards, and requirements of the R-12 Zoning District. — C. Multiple Family (Mixed Medium Density Residential) . The development shall provide a minimum of 23 . 6 acres of mixed medium density residential units. The total number of dwelling units of mixed medium density residential property shall not exceed 221, or a density greater than 9 . 3 units per acre. Except as modified herein, the — development of the mixed medium density residential shall be in accordance with the uses, standards, and requirements of the R-8 Zoning District. 4 . Parks. The Developer shall dedicate to the City Outlot F (18 . 1 acres) , Outlet G (9 . 8 acres) , Outlet H (3 .9 acres) , and Outlot E. — A credit of 6. 7 acres for park dedication will be given for Outlot E. Unless otherwise required by the City, conveyances of the park land shall be made when the final plat, wherein a park is located, is signed by the City. The land shall be platted as Outlets and transferred to the City by warranty deed. The Developer, at its sole cost, shall grade the — land for the City in accordance with a timetable and plans to be furnished by the City. The Developer shall be given a credit of 50% of the park fee per dwelling unit in the plat for the conveyance of the above described land to the City. The balance of the park dedication fees shall be paid in cash in an amount and at the time required by City ordinance and policies in effect when final plats are approved. -2- //3 . ii 5. Trail and Sidewalk Development. The Developer shall dedicate trails and sidewalks throughout the Development to the City as indicated on the Comprehensive Trail Plan. This dedication satisfies the City's trail dedication fee requirements. Trails shall be completed at the time street improvements are constructed in the phase where the trails and sidewalks or portions thereof are located. The Developer shall construct the following trails and sidewalks: (1) . Eight (8) foot wide bituminous trail along the west side of Lake Susan. (2) . Eight (8) foot wide bituminous off-street trail along the east side of Audobon Road; and an eight (8) foot wide bituminous off-street trail along the east side of Powers Boulevard. (3 ) . Five (5) foot wide concrete off-street trail-sidewalk along one side of all internal streets except cul- de-sacs when the streets are constructed. (4 ) . Twenty (20) foot wide bituminous off-street trail easement on the west side of Powers Boulevard. This trail segment shall only be constructed if ordered by the City Council . If ordered, the Developer will convey the easement to the City without cost, but the City will pay for the construction. Construction timing will be at the discretion of the City Council . 6 . Additional Conditions of Approval. A. The Developer shall provide buffer areas, acceptable to the City, between multiple family and single family areas to assure adequate transition between uses, including use of berms, landscaping, and setbacks from lot lines. B. The Developer shall not damage or remove any trees except as indicated on the grading and tree removal plans to be approved by the Citi- and submitted with each plat. Trees shall be protected from destruction by snow fences, flagging, staking, or other similar means during grading and construction. -3- i-< . 025 • C. Wetlands Nos. 14-10 and 23-01 as shown in Exhibit "C" shall be preserved in their natural state. D. The following shall be the maximum percentage of — allowable impervious surface: Outlot A 32%, Outlot B 30%, Outlot C 31%, and Outlot D 27%. — E. The Developer shall provide $500. 00 of landscaping per multiple family unit and $150. 00 per single family unit. 7. Effect of Planned Unit Development Approval. For five (5) _ years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the — use, development, density, lot size, lot layout, or dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the _ City's Comprehensive Plan, official controls, platting or dedicating requirements enacted after the date of this Agreement. -' 8. Phased Development. The Developer shall develop the development in eleven (11) phases in accordance with the EAW. No earth moving or other development shall be done in any phase prior to approval _ of final plats and development contract for the phase by the City. 9 . Compliance with Laws and Regulations. The Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: Subdivision Ordinances, Zoning Ordinances, and Environmental Regulations. The Developer agrees to comply with such laws and regulations. — -4- ` 10. Variations from Approved Plans. Minor variances from the approved plans may be approved by the City's Planning Director. Substantial departures from the approved plans shall require an amend- ment to the Planned Unit Development, in accordance with the Chanhassen Zoning Ordinance. 11. License. The Developer hereby grants the City, its agents, employees, and officers a license to enter the plat to inspect the work to be done by the Developer and to perform all work required hereunder if Developer fails to perform in accordance herewith. 12 . Utility, Pond, and Drainage Easements. The Developer shall dedicate to the City at the time of final plat approvals utility, drainage, and ponding easements located within the plat, including access, as required to serve the plat. 13 . Responsibility for Costs. A. The Developer shall hold the City, its officers, agents , and employees harmless from claims by the Developer and third parties , including, but not limited to, lot purchasers, other property owners, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of the Agreement , the development, final plats, plans and specifications, and from the resulting construction and development. The Developer shall indemnify the City, its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. The Developer shall pay in full all -5- /"' Ga.5 - bills submitted to it by the City for such reimbursements within sixty — (60) days after receipt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full . Bills not -- paid within sixty (60) days shall be subject to an eight (8%) percent per annum interest charge. — 14 . Miscellaneous. A. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits, plats, and _ certificates of occupancy. B. If any portion, section, subsection, sentence, clause, —paragraph or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the Final Development Plan shall thereby be revoked. — C. The action or inaction of any party shall not consti- tute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council . Any party's failure to promptly take legal action to enforce this Agreement — after expiration of time in which the work is to be completed shall not be a waiver or release. — D. This Agreement shall run with the land and may be recorded in the Carver County Recorder's Office. E. This Agreement shall be liberally construed to protect the public's interest. 3 F. Due to the preliminary nature of many of the exhibits and plans and the timing of the overall Development, addendums to this Agreement may be required to address concerns not specifically set forth herein. G. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. H. The Developer represents to the City that the plat is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the City for all expenses, including staff time and reasonable attorney's fees , that the City may incur in assisting in preparation. 15. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by certified or registered mail at the following address: 7600 Parklawn Avenue, Edina, Minnesota 55435 . Notices to the City shall be in writing and shall be either hand delivered to the City Clerk or mailed to the City by certified or registered mail in care of the City Clerk at the following address: P. O. Box 147, 690 Coulter Drive, Chanhassen, Minnesota 55317. •. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF CHANHASSEN BY: Thomas L. Hamilton, Mayor BY: Don Ashworth, City Manager — LAKE SUSAN HILLS A partner Q _ JAMES A. CURRY _ BARBARA CURRY 0 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1987 , by Thomas L. Hamilton, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal — corporation, on behalf of the corporation and pursuant to authority granted by its City Council . NOTARY PUBLIC STATE OF MINNESOTA ) .- // ( ss. COUNTY OF L : `.'f/1' ti ) The foregoing instrument was acknowledged before me this / -- day of4:;41 /•r.. , 1987 , by ;' .7 .;c; ' i_�i�� iV a partner of Lake Susan Hills, a Minnesota general partnership on its behalf. =�. BARBARA FISHER ' NOTARY PUBLIC .r. i��•�. NOTARY FU2LI:_ klifyN@SOTA HEN` SP,N r;CUNT). , 1(r ray Cemm,s ,on Liz;ros Jay t^, 1t-V2 -8- - Cy STATE OF MINNESOTA ) ( ss. COUNTY OF ''t`,:�;��+ ) ..v ... .. .. . .. . The foregoing instrument was acknowledged before me this I day of NQE -h � , 1987, by JAMES A. CURRY and BARBARA CURRY, husband and wife. _ l • /FOTARY PUBLIC DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul , MN 55075 (612) 455-1661 CITYOF - to ,, bof .,,_ CHANHASSEN _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Dave Hempel, Assistant City Engineer — DATE: March 2, 1993 — SUBJ: Review of Preliminary Plat and Site Plan for Lake Susan Hills West 9th Addition - File No. 93-3 Land Use Review Upon review of the preliminary plat and site plan for Lake Susan Hills West 9th Addition prepared by Pioneer Engineering dated January 29, 1993, I offer the following comments — and recommendations: GRADING AND DRAINAGE — The site consists of a variety of rolling agricultural fields, wetlands and wooded areas. The majority of the site, outside of the wetlands, is proposed to be graded which will require — extensive tree loss. Concerned about the amount of tree loss, staff has met with the applicant to work out ways to reduce the tree loss. The applicant's engineer, Mr. Paul Cheme, has recently prepared a revised grading plan which reduces grading in the three cul- — de-sacs as compared to the initial plan submittal. Drake Court, the most southerly cul-de- sac, has been deleted, thus eliminating two lots which in turn will greatly reduce the grading limits and tree loss. The flag lots will be custom graded when the building permits are — issued in an effort to selectively save trees on the lot. This same scenario is also being explored with Crane Court. — The third cul-de-sac, Mallard Court, which will probably be renamed to Drake Court, is somewhat limited in grading alternatives due to the terrain. The street basically follows the — ridge line and the lots drop off severely in elevation. This, combined with the location of the wetland, severely limits location and placement of the street. The applicant has proposed some modifications which appear to reduce the amount of tree loss. By a _ combination of shifting the road westerly 5 feet and reducing building setbacks to 25 feet enables the house pads and grading limits on the east side of Mallard Court to be shifted westerly away from the tree line. There still will be a significant loss of trees along this _ es t4, PRINTED ON RECYCLED PAPER Jo Ann Olsen March 2, 1993 Page 2 area; however, these modifications will preserve a section of trees along the rear of Lots 5, 6, 7 and 10, Block 3. In addition, the lots at the end of the cul-de-sac will be custom-graded at the time of building permit in an effort to minimize tree loss. Another area where grades may be modified in an effort to save grading as well as trees is along Lots 26 through 29, Block 5. This may require the street grade along Lake Susan Hills Drive to exceed the City's street grade limit which is 7%; however, it is not unusual to grant a variance from this condition in an effort to save trees. One ramification from this would be the type of house design on those lots may be limited to a rambler versus a desirable walkout. One safety concern staff has is the street grade approach at the intersection of Powers Boulevard (County Road 17) and Lake Susan Hills Drive. The applicant should design Lake Susan Hills Drive with a "landing" area of approximately 75 to 100 feet in length with a maximum street grade of 3% to improve vehicle ingress and egress through the intersection. The grading plans propose 4 retention ponding areas prior to discharging into the adjacent wetlands. The proposed ponds are in accordance with the City's comprehensive storm water management plan. Retention ponds will be built to NURP standards. The applicant will be required to provide an outlet control structure in each pond to control discharge rate into the wetlands. The final plat should provide the appropriate utility and drainage easement to access the ponding areas for maintenance purposes. Specific review of these types of improvements and concerns will be conducted during the construction plan and specification review process. The overall grading format proposes to maintain the existing drainage pattern which is from west to east. The steepest resulting slopes (3:1) are proposed in the rear yard areas of the lots surrounding the wetland and retention ponds. Slope stabilization methods in accordance with the City's Best Management Practice Handbook (BMPH) such as wood- fiber blankets and Type III erosion control fence should be utilized. The plans propose a series of storm sewers to convey street and overland storm runoff to the retention ponds. At some point in the future, Powers Boulevard will be upgraded to a four-lane urban section. The upgrade will include storm sewers which will need to discharge into pretreatment ponds. It may be prudent at this time to work with the County Highway Department to see if any of the proposed storm drainage improvements in this development could be utilized in the future. If so, the proposed storm drainage improvements should be modified and the applicant compensated for oversizing of storm sewer pipes and ponding areas. At the time of this review, staff has not been supplied with any soil boring information regarding this parcel. As in previous projects, staff has encountered problems with Jo Ann Olsen March 2, 1993 Page 3 — residential sump pump discharge into the City's streets creating safety concerns both during the summer and the winter. The applicant should be aware, upon receipt of soil borings or other information, the City may require the installation of a drain tile system behind the curbs for the sump pumps to discharge into. UTILITIES Both municipal sanitary sewer and water service is available to adequately service this development. An 8-inch sanitary sewer line is proposed to be extended from Phase I of _ Lake Susan Hills West along the west shore of Lake Susan into the development. Water service is proposed to be extended from the dead-end water lines in West Lake Drive and Lake Susan Hills Drive. An 8"water line will be extended throughout the development and _ looped back into the existing water line in Powers Boulevard at the south end of the project. Detailed utility construction plans and specifications will be required for staff review and formal approval. All utility construction plans shall be in accordance to the City's latest edition of Standard Specifications and Detail Plates. Location of all fire hydrants shall be approved by the City's Fire Marshal. All utilities and ponding areas located outside the City's dedicated street right-of-way will require the appropriate drainage and utility easement and shall be denoted on the final plat. Utility and drainage easements outside of the right-of-way shall be a minimum of 20 feet in width. STREETS The site plan proposes to extend Lake Susan Hills Drive to the south and reconnect to — Powers Boulevard adjacent to Lake Susan Hills Drive from the west. Public Safety staff has concerns with the street name of Lake Susan Hills Drive because the same name also exists west of Powers Boulevard thus adding confusion and/or delays in responding to emergency — calls. Public Safety will be responding to this concern. Lake Susan Hills Drive is currently constructed slightly wider (35 feet versus 31 feet) because of its function as a local collector street. The applicant has proposed to maintain this design throughout the development. Cul-de-sac streets are proposed at the City's typical width of 31 feet wide. The right-of-way for the cul-de-sac streets and West Lake Drive are 50 feet wide and Lake — Susan Hills Drive is 60 feet wide which is in accordance with the approved PUD. Street grades throughout the project range from 0.50% to 5.60% which is within the City's regulations. A 5-foot wide concrete sidewalk is also proposed on the west side of Lake Susan Hills Drive. The sidewalk should also be extended west on West Lake Drive to connect to the existing sidewalk at Dove Court. Jo Ann Olsen — March 2, 1993 Page 4 A trail system is also requested by the City along Powers Boulevard. At some time in the future, approximately 5 to 10 years, Powers Boulevard will be upgraded by a joint — City/County project to a four-lane urban section. It appears that sufficient right-of-way exists for the future upgrade of Powers Boulevard; however, as pointed out by Mr. Roger Gustafson, Carver County Engineer, the County and City should get together to discuss the future cross-section of Powers Boulevard prior to final platting to insure that no additional right-of-way is necessary. Detailed street construction plans should be submitted for staff review and formal approval. Street construction shall be in accordance with the City's latest edition of Standard Specifications and Detail Plates. Street plans should also include construction of the required deceleration and acceleration along Powers Boulevard pursuant to Carver County Highway Department's comments. All work in utility highway right-of-way will require a permit from the County. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and _ compliance with the conditions of approval. 2. The applicant shall supply detailed storm sewer calculations for a 10-year storm event and ponding calculations for the retention ponds (NURP standards) for the City Engineer to review and approve. — 3. The applicant shall supply detailed construction plans for utility and street improvements for the City to review and formally approve. All utility and street improvements shall be constructed in accordance with the City's latest edition of — Standard Specifications and Detail Plates. 4. The applicant shall be responsible for obtaining and complying with all necessary — permits such as MWCC, Health Department, Watershed District, PCA and Carver County Highway Department. 5. The applicant's engineer shall review the lot grading on Lots 26 through 29, Block 5 to see if adjustments to street grade along Lake Susan Hills Drive are feasible in an effort to reduce tree loss on said lots. 6. The street grade approach at the intersection of Powers Boulevard and Lake Susan _ Hills Drive shall maintain a landing area of 100 feet and a street grade of less than 3%. Jo Ann Olsen March 2, 1993 Page 5 _ 7. All retention ponds shall include an outlet control structure to control discharge rate _ pursuant to NURP standards. 8. The Applicant shall provide maintenance access routes to the retention pond areas _ and dedicate the appropriate easements on the final plat. In addition, all utility lines outside the street right-of-way shall be dedicated with a minimum of a 20-foot wide drainage and utility easement. — 9. Erosion control and turf restoration shall be in accordance with the City's Best Management Practice Handbook. 10. If feasible, the applicant shall work with the City and County in oversizing the storm drainage improvements to include the future runoff from the upgrade of Powers — Boulevard. The applicant would be compensated for the associated oversizing costs. 11. The location of all fire hydrants shall be approved by the City's Fire Marshal. — 12. Mallard Court should be renamed to either Drake Court or some other acceptable street name. — 13. Five-foot concrete sidewalks should also be extended from Lake Susan Hills Drive west to Dove Court. ktm c: Charles Folch, City Engineer CITY QF 1 11111! C11 ANI1ASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 +q4 MEMORANDUM TO: Jo Ann Olsen, Senior Planner _ FROM: Steve A. Kirchman, Building Official 1 \...1,1c) DATE: 03/10/93 - SUBJECT: 87-3 PUD - Background: My memo of 02/16/93 reccommended in condition #3 that the existing Lake Susan Hills Drive on the east side of Powers Blvd. be changed to a different name. That reccommendation has been re-evaluated. Analysis : All of the current residents appear to oppose a name change. While the Public Safety Department continues to believe that a name change is the best solution for avoiding confusion, a number of alternate solutions have been suggested by the residents . One suggested alternate was to leave the name as is, and place oversized street signs with range numbers at each of the four outlets on Powers Blvd. The Public Safety Department will support this alternative to my original reccommendation. Reccommedation: Staff reccommends that condition #3 of the 02/16/93 memo to you be changed to read: 3 . Oversized street signs should be placed at each of the four outlets of Lake Susan Hills Drive on Powers Blvd. The signs should indicate the range of addresses on the street. r, %., PRINTED ON RECYCLED PAPER :„ CITYOF - 11111100CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 -alb MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Steve A. Kirchman, Building Official .k. DATE: 02/16/93 SUBJECT: 87-3 PUD Background: I have reviewed your request for comments on the above referenced planning case, and have some items that should be added as conditions of approval . Analysis : Problems have occurred with dwellings on corrected pads being too large for the pad or missing the pad. Soil conditions for future additions are also a concern that will inevitably have to be addressed. In order to be able to effectively address this concern details on corrected pads must be furnished to the Inspections Division. Pads that are corrected at the time the streets - are installed should be submitted to the Inspections Division before City acceptance of the subdivision. Data on lots that are individually corrected may be submitted before the foundation is approved. Details on corrected pads should include a soils report, compaction tests, the limits of the corrected pads and elevation of the excavation. Standard designations (LO, R, SE, SEWO, TU, WO) for proposed dwelling types, lowest floor elevations and garage floor elevation need to be indicated on the drainage plan to insure an adequate plan review by the City. Dwellings on long streets with widely separated outlets are difficult for emergency personnel to locate in a timely fashion. Streets with the same or similar names must be avoided for the same reason. Two streets in the _ proposed ninth addition present problems - Lake Susan Hills Drive and Mallard Court. A "Mallard Court" already exists on the west side of Powers Blvd. , and although the house numbers on each will be different, the possibility of emergency personnel responding to the wrong site in the excitement and confusion of an emergency call is a distinct possibility. A different name ILO PRINTED ON RECYCLED PAPER t Jo Ann Olsen - 02/08/93 Page 2 for the street designated as "Mallard Court" in the ninth addition would eliminate the risk of mistakes being made at a crucial time. The "Lake Susan Hills Drive" street designation in the ninth addition presents a more complicated problem. When the existing streets were named in 1987 the Inspections Division and Fire Marshal were unaware of their final - configuration, and thus had no objections to the names as presented. The current proposal shows Lake Susan Hills Drive with four outlets on Powers Blvd. Emergency personnel would have no idea which entrance would afford the quickest response to a particular address. The City grid system would be little help in locating the destination. Two solutions were considered to solve the problem. 1 . A different name for the proposed Lake Susan Hills Drive with a north and south designation in the name would be one solution. This would offer the advantage of a distinct street name, with the nearest entrance to an address identified by a north/south designation. The disadvantage is that there are nine residents on the existing stub of Lake Susan Hills Drive that would be required to change their addresses. 2 . Continue the street name and numbering as is with house address ranges on the street signs. This has the advantage of not having to change the addresses of the nine existing homes . The disadvantages include a predominantly north/south street with east/west addresses; a Lake Susan Hills Dr. on each side of Powers Blvd, each with two outlets; the street on the east side of Powers Blvd. will be numbered high numbers to low numbers north to south, the opposite of the street on the west which is numbered low to high from north to south; the odd/even numbering system will be incorrect at the south outlet; and street names and address numbers will be similar to a nearby existing street (1080 Lake Susan Dr. and 1080 Lakes Susan Hills Dr. ) . Renaming Lake Susan Hills Drive on the east side of Powers was discussed at - the 02/11/93 Public Safety Commision meeting. The Commision supported changing the name (see attachment #1) . I will send a letter to each of the affected homeowners explaining the situation and inviting those who are interested to attend the March 3 , 1993 Planning Commision meeting. Recommendations : - Staff recommends the following be included in the conditions of approval : 1 . Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan. 2 . Submit details on corrected pads including compaction tests, limits Jo Ann Olsen — 02/16/93 Page 3 of the pad and elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. _ 3 . Renmane proposed Lake Susan Hills Drive, including a north and south designation in the proposed new name. Submit proposed name to Public Safety Department for approval . 4 . Rename proposed Mallard Court. Submit proposed name to Public Safety - Department for approval . enclosure ATTACHMENT # 1 Public Safety Commission February 11, 1993 Page 2 BUILDING INSPECTIONS Building Official Steve Kirchman reported on the 1992 increase in inspections and revenue. Steve also forecasted a slight increase in building for 1993, and an even greater increase for 1994. A walk-thru in new construction (single family & commercial) with the Commissioners will be scheduled this Summer for the purpose of educating the Commission on this aspect of the Public Safety Department's activities. Building Official Kirchman handed out maps displaying the proposed Lake Susan Hills West 9th Addition. Confusion will exist if the proposed street name of Lake Susan Hills Drive is used. He recommended the possibility of renaming the street, which would affect 9 homes. Commissioner Blechta motioned, Commissioner Bernhjelm seconded, to support this recommendation. All voted in favor and the motion passed. This recommendation of the Public Safety Commission will be taken to the Planning Commission and to City Council. PUBLIC SAFETY DEPARTMENT Director Harr reported that two inspection vehicles, and the CSO vehicle will be painted by General Motors because of a recall on the paint, which has also permitted a more modern and pleasant lettering to be installed on the vehicles. The City Council, at their 2/8/93 meeting, approved the requesting of bids for a replacement CSO vehicle. Commissioner Beniek, in the absence of Commissioner Johnson, attended the last Highway 5 Commission meeting. Commissioner Johnson will submit a memo to Director Han on the update of this Commission. Commission Berkland reported that carbon monoxide detectors are available for purchase at many locations. He has contacted the American Lung Association for educational material. This educational material could be available for residents at the Public Safety Open House,Fire Department Open House,City Newsletter and The Villager. Commission Berkland will submit a memo to Director Harr regarding his findings and his recommendation for direction on this project by the Commission. Director Han inquired if the Commission would like to hold a public hearing regarding shooting boundaries in the City. Discussion followed concerning a public hearing or a public input session during a future Commission meeting. Director Harr will meet with the editor of The Villager to suggest an informational article in a future edition. City of Chanhassen 690 Coulter Drive, P.O. Box 147 Chanhassen, MN 55317 — (612)937-1900 Date: February 3, 1993 To: Development Plan Referral Agencies _ From: Planning Department By: Jo Ann Olsen, Senior Planner Subject: Preliminary plat to subdivide 76.74 acres into 93 lots on property zoned PUD, Lake Susan Hills 9th Addition, Argus Development. Planning Case: 87-3 PUD The above described application for approval of a land development proposal was filed with the Chanhassen _ Planning Department on February 1, 1993. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we _ would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage,and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or — problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 3, 1993, at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than February 19, 1993. You may also appear at the Planning Commission meeting if you so desire. — Your cooperation and assistance is greatly appreciated. City Departments 7. MN Dept. of Natural Resources — :City Engineer Prelephone Company b. City Attorney (NW Bell or United) 6 aCity Park Director Fire Marshal Plectric Company ee Building Official (NSP or MN Valley) 2. Watershed District Engineer 10. Triax Cable System 3. Soil Conservation Service 11. Roger Machmeier/Jim Anderson 4. MN Dept. of Transportation 12. U. S. Fish and Wildlife 5. U.S. Army Corps of Engineers 45 Carver County _ Engineer EsMinnegasco b. Environmental Services 14. Other — s CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 .' MEMORANDUM TO: JoAnn Olsen, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: February 10, 1993 SUBJ: #87-3 PUD I have reviewed the site plan for the Lake Susan Hills 9th Addition and have made the following observations: 1. The street named "Mallard Court" must be renamed. A "Mallard Court" already exists, and could be confusing to emergency personnel responding to a call. -- 2. The "Lake Susan Hills Drive" east of Powers could present problems to emergency personnel mainly because there is a "Lake Susan Hills Drive" on the west side of Powers. In looking at the proposed site plan, the "Lake Susan Hills Drive" road runs mainly north and south, however, the house numbers are "east-west" numbers. What I would be recommending would be to rename the existing and proposed "Lake Susan Hills Drive, located east of Powers, designate a "North"and a "South"entrance, and renumber the houses that are currently on "Lake Susan Hills Drive", east of Powers. Speaking of personal experience and reviewing emergency runs, there is confusion that exists between "Lake Susan Hills Drive" east of Powers, west of Powers and "Lake Susan Drive" which is a totally different subdivision off Highway 101 south and which has no connecting streets. If "Lake Susan Hills Drive" (east of Powers) is to be renamed and renumbered to a north/south numbering system, now would be the opportune time, before new construction starts. cc: Scott Harr, Public Safety Director Steve A. Kirchman, Building Official Jim McMahon, Fire Chief es PRINTED ON RECYCLED PAPER CITY OFClIANIIASSEN - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 - (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner — FROM: Todd Hoffman, Park and Recreation Coordinator DATE: March 10, 1993 SUBJ: Lake Susan Hills West 9th Addition — The Park and Recreation Commission reviewed the aforementioned preliminary plat on Tuesday, February 23, 1993. The staff report presented to the commission is attached. The primary focus of discussion that evening centered on the preservation of trees. A group of residents residing in the Chanhassen Hills area were in attendance at the meeting. Councilman Wing also was present for the discussion. A representative of the applicant was not present. — As indicated in the staff report, action taken by the commission was a formality, but confirmed the conditions of the PUD Agreement in respect to parks, open space, and trails. — Upon the conclusion of discussion that evening, the following recommendation was unanimously approved: The Park and Recreation Commission recommends the City Council require the following conditions of approval for the Lake Susan Hills West 9th Addition: 1. Dedication of Outlot E to the city; — 2. Construction of an 8-ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D and E; — 3. The construction of an 8-ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B; and — 4. Park fees are assessed at one-half of the rate in force upon building permit application. All trail fees have been waived as a part of the development of Lake — Susan Hills West. I'f _ t PRINTED ON RECYCLED PAPER Al Ms. Jo Ann Olsen March 10, 1993 Page 2 In addition, construction of trail Segments A, C and F as payment in kind for the right by Argus Development to encroach on park property for ponding purposes is being required. As you are aware, I have spoken with Mr. Ron Isaac in this regard, informing him that the encroachment issue cannot be solved by simply altering property lines. The configuration of Outlot E, as documented on the city base map, is to remain unaltered. Furthermore, it is recommended that _ the two trail easements identified allowing access to the shoreland trail be consolidated into one 40-ft. easement at the location of the northerly easement. Benefits of doing so include: 1. Minimization of potential conflicts with adjoining property owners. Explanation: The consolidation will reduce the number of affected lots to two; and the doubling of the width of one easement from 20-feet to 4.0-feet allows sufficient room for buffering. 2. Minimizing impact to trees and vegetation. 3. Reduction of maintenance responsibilities. t, C I TY 0 F PRC DATE: Feb. 23, 1993 Li. - \ ::zk CHAHASSEN STAFF REPORT PROPOSAL: Preliminary Plat to Subdivide 76.74 acres into 93 lots on property zoned PUD, Lake Susan Hills West 9th Addition Z LOCATION: See location map 0 L eLAPPLICANT: Argus Development, Inc. a. 18133 Cedar Avenue South Farmington, MN 55024 L L L PRESENT ZONLNG: PUD-R. Planned Unit Development Residential ADJACENT ZONING AND LAND USE: N - PUD-R S - Park, Open Space E - Park, Open Space and Lake Susan a W - PUD-R and Powers Boulevard (CR 17) 0 1•12 COMPREHENSIVE PLAN: See Attachment A, Development Contract dated December 8, 1987 L COMPREHENSIVE TRAIL PLAN: See Attachment A, Development Contract dated December 8, 1987 Park and Recreation Commission February 23, 1993 Page 2 DIRECTOR'S COMMENTS: This application falls under the jurisdiction of the previously referenced development agreement between Argus Development, Inc., and the City of Chanhassen. Actions necessary of the applicant to comply with this contract include: 1. Dedication of Outlot E to the city; 2. Construction of an 8 ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D* and E. 3. The construction of an 8 ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B. *Segment D is an existing trail segment constructed by Argus Development in an unacceptable manner. This segment will be replaced per city specifications. Upon re'iev of the preliminary plat dated January 29, 1993, it was clear that Argus Development had taken the liberty of proposing four stormwater retention ponds be partially constructed on city park property (Oudot E). The proposed ponds are split down the middle with half being located on the applicant's property and half on city property. First, I must say that this is an audacious designation on the part of Argus Development. The city has every right to deny this concept. As an alternative to this, however, I am proposing that the commission consider a bargaining position with the applicant. This "bargain" involves Items A, C and F on Attachment B. As noted in the current descriptions of these segments, the city is liable for the costs associated with these improvements. I propose that in exchange for allowing the applicant to encroach on park property. they be required to construct Segments A, C and F at their expense w ith no reimbursement from the city for Segment A. Furthermore, that all responsibilities and requirements associated with said trail segments, i.e. negotiations with Carver County, procurement of permits of any type, site preparation and restoration shall be the sole responsibility of Argus Development_ I have discussed this proposal with Ron Isaac of Joe Miller Homes/Argus Development. Mr. Isaac or another representative of the applicant may be present to respond in this regard next Tuesday. In lieu of a personal representative, a written response will be forwarded. RECOMMENDATION It is recommended that the Park and Recreation Commission recommend the City Council require the following conditions of approval for the Lake Susan Hills West 9th Addition: 1. Dedication of Outlot E to the city. Park and Recreation Commission February 23, 1993 Page 3 2. Construction of an 8 ft. wide bituminous trail along the west side of Lake Susan as indicated on Attachment B, Segments D* and E. 3. The construction of an 8 ft. wide bituminous trail along the east side of Powers Boulevard (CR 17) as indicated on Attachment B, Segment B. 4. Accept the construction of trail Segments A, C, and F as identified on Attachment B as payment in kind for the encroachment by Argus Development on park property. This encroachment shall be limited to ponding of water as identified on the proposed preliminary plat. Furthermore, that the construction of said trails shall adhere to all stipulations previously identified herein. If the commission chooses to take an alternate position, you may choose to construct Segments A, C and F at city expense and direct the applicant to cease showing intent to encroach on city property. Z4--;10/ /<-/-( ' `17i9/� AI an Fil . 11 9th ..,,,, hanhassen , Minnesol_. :s .. ......4...... till. � -/____--"- ; � �HLIt •6INct i VCC.Y P+A v C.N— �-)'^. Ill • I j NIIN l_ / r;; � \ `� ,�^ ��i rteNN T `. t� �, ' I E ONK A � - . •.•. T %.. 1 N 2 r ��— ,•• - by - :tiP • ~ �� 8 A, .► t ¢ r t 16A pro �. • •• AY ENix04D�1.i. r ( E. e fit.-.' "L. j�� l S"�°:•1 RC2, adi r_ A c..• 1 O l - ' I .1 ,f R...Cep •"S4 c4., � ill - . / r \ P v \8.ra ,,- :I.5'75i:,' '......n.....- : - ; , , e /.. .,, . ,......,.„-) 5 V LaAA .j C\ . 4 • T t CHANF111 e.•..t 0 .v.LE y o Lar. �� L..J 113:4 ' \- - � ci '� J v co. --- - - - - r L � `L`�w' .IrtalkR.e, PRAIRIE t 10 •••...- I \ Lai•/ a C*14,0 Aieco, i) 5 - ` Situ �;.„ zji J Loki • ii �. woo° IC .. I boo< b y La. I l+ p ..1!•,..i.. 1 t.'N; N. 41111141, 11 . '-' 4 1 I .___-_:4RioK: , -.................... .....Cc,.:. i ,,..7 . - t. sc 01-/ '\ CO._ r--$114440, ! J. •-R s 1 101 •''' c L+ I - !GC t Y •♦ t*Q , F • CITY OF CHANHASSEN 417i�iirff•Z:A • DEVELOPMENT CONTRACT ( Developer Installed Improvements ) — LAKE SUSAN HILLS WEST SUBDIVISION , PHASE I ARGUS DEVELOPMENT AGREEMENT dated December 8 , 1987 , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation , ( "City" ) , and Argus Development , Inc . , a Minnesota Corporation ( the "Developer" ) . — 1 . Planned Unit Development Agreement . The Development of this Plat is subject to a Planned Unit Development ( P.U.D. ) - Agreement dated November 16 , 1987. The terms of the PUD Agreement are incorporated herein by reference (Attachment A) . 2 . Request for Plat Approval. The Developer has asked the City to approve a plat for Lake Susan Hills West ( referred to in this Contract as the "plat" ) . The land is legally described on the attached plat , Exhibit "B" . The preliminary plat was approved by the City Council on October 5 , 1987 . The final plat has not been submitted for approval as of the date of this Contract . 3 . Conditions of Plat Approval . The City has approved the plat on condition that the Developer enter into this Contract and furnish the security required by it. MONK 4 . 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. Charges and special _ assessments referred to in this contract are not being imposed on outlots , if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks . Such charges and assessments will be calculated and imposed when the outiots are final platted into lots and blocks . 5 . Effect of Subdivision Approval. ( See P.U.D. Agreement) . -. 6 . Development Plans. The plat shall be developed in accor- dance with the following plans . The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control . The plans are: Plan A--Preliminary Plat with August 27 , 1987 revisions and dated "Received September 16 , 1987" , prepared by Probe Engineering Co. Plan B--Grading, Drainage and Erosion Control Plans dated October 20 , 1987 , prepared by Probe Engineering Co. Plan C--Plans and Specifications for Public Improvements with — revisions dated December 22, 1987, and dated "Received December 30, 1987" , prepared by Probe Engineering Co. Plan D--Landscaping Plan dated November 3 , 1987, prepared by Probe Engineering Co. or materialmen are seeking payment out of the financial guaran- tees posted with the City, and if the claims are not resolved at least sixty ( 60 ) days before the security required by paragraph 13 of this Ccntrct will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22 , Minnesota Rules of Civil Procedure for the District Courts , tc craw upon the letter F 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 pursuant to paragraph 25 of this Contract. 16 . Timber Management Plan. The Developer shall arrange for the preparation of a Timber Management Plan by the Department of Natural Resources Forester for Lots 5 and 6 , Block 1 , and shall clear and reforest in accordance with this plan. Clearcutting will not be allowed . 17 . Trails and Sidewalks . ( See P.U.D. Agreement) . IE . Parkland . ( See P.U.D. Agreement ) . 19 . Landscaping. The Developer shall provide for the installation of landscaping in accordance with the Landscaping Plan , Plan D, approved by the City. The Developer shall sod the dra:-.ae swales . All trees , grass , and sod , shall be warranted to ..e alive , cf goad quality and disease free at installation . All trees shall ce warranted for 12 months after planting. County State Aid Highway ( CSAH) 17. An access permit shall be obtained by the Developer for connection to CSAH 17 ( Powers Eculevard ) . The Developer shall comply with the conditions of this permit . Carver County is anticipating widening CSAH 17 in the future . The Developer agrees to work with the City and the County ih trovidina borrow sites for this widening at such time as :cect moves ahead . 21 . Existing Assessments/Connection Charges . Assessments exist aza:nut the plat from the Chanhassen Hills trunk water main Project 86-2 . These existing assessments will be respread against the plat in accordance with City standards. The Developer acknowledges the City' s connection charge policy and understands that each lot will be charged for its benefit in usage of the municipal utility trunks . This charge will be made as a part of each individual building permit. 22 . Off-Site Easements. The Developer, at its expense, shall acquire all perpetual easements from abutting property owners necessary for the installation of sanitary sewer, storm sewer and water facilities within the subject property and thereafter shall promptly assign said easements to the City prior to the installation of improvements. -5- �-rTa C�wt A PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT, dated November 16, 1987 , between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City") , and LAKE — SUSAN HILLS, a Minnesota general partnership, and JAMES A. CURRY and BARBARA CURRY, husband and wife (the "Developer") . 1. Request for Planned Unit Development Approval. The Developer has asked the City to approve a Planned Unit Development to be known as "LAKE SUSAN HILLS WEST PUD" (the "Development") on the land — legally described on the attached Exhibit "A". 2 . Planned Unit Development Concept Approval. The City hereby — grants general Concept Plan approval of the plan attached as Exhibit "B". Approval is subject to the following: development and final stage approval , a negative declaration of the EAW, compliance with the EAW _ review findings and compliance with the terms and conditions of this Agreement. Except as modified herein, each plat shall also be subject to the standards of the City's Zoning and Subdivision Ordinances as may be amended from time to time. 3. Density and Use. The following densities are approximate — and subject to change: A. Single Family Residential . The total number of single — family lots in the development shall not exceed 411. Except as modified herein, single family lots shall be developed in accordance with the uses, standards, and requirements of the RSF Zoning District. _ B. Multiple Family (High Density Residential) . The development shall provide a minimum of 21.5 acres of high density multiple family residential units. The total number of dwelling as ts- f NOV 1 9 i?87 r11 /16/87 • CITY OF CNANHASSEM . hich density multiple family residential property shall not exceed 375 , or a density greater than 17. 4 units per acre. Except as modified herein, the development of the high density multiple family residential shall be in accordance with the uses, standards, and requirements of the R-12 Zoning District. C. Multiple Family (Mixed Medium Density Residential) . The development shall provide a minimum of 23 . 6 acres of mixed medium density residential units. The total number of dwelling units of mixed medium density residential property shall not exceed 221 , or a density greater than 9 . 3 units per acre. Except as modified herein, the de':elc:-Ent cf the mixed medium density residential shall be in ate_. - :ance with the uses , standards, and requirements of the R-8 Zcr.inc rst_ ict . 4 . Parks. The Developer shall dedicate to the City Outlet F (:F . : acres) , Outlet G (9. 8 acres) , Outlot H (3 . 9 acres) , and Outict E. A credit cf E . 7 acres for park dedication will be given for Outict E. Unless otherwise required by the City, conveyances of the park land shall be made when the final plat, wherein a park is located, is signed by the City. The land shall be platted as Outlots and transferred tc the City hy warranty deed. The Developer, at its sole cost, shall grade the land for the City in accordance with a timetable and plans to be furnished by the City. The Developer shall be given a credit of 50% of the park fee per dwelling unit in the plat for the conveyance of the above described land to the City. The balance of the park dedication fees shall be paid in cash in an amount and at the time required by City ordinance and policies in effect when final plats are approved. -2- • 5 . Trail and Sidewalk Development. The Developer shall - dedicate trails and sidewalks throughout the Development to the City as indicated on the Comprehensive Trail Plan. This dedication satisfies the City's trail dedication fee requirements. Trails shall be completed at the time street improvements are constructed in the phase where the trails and sidewalks or portions thereof are located. The Developer shall construct the following trails and sidewalks: (1) . Eight (8) foot wide bituminous trail along the west — side of Lake Susan. (2) . Eight (8) foot wide bituminous off-street trail along — the east side of Audobon Road ; and an eight (8) foot wide bituminous off-street trail along the east side of Powers Boulevard. (3 ) . Five (5) foot wide concrete off-street trail-sidewalk along one side of all internal streets except cul- de-sacs when the streets are constructed. — (4) . Twenty (20) foot wide bituminous off-street trail easement on the west side of rowers Boulevard. This _ trail segment shall only be constructed if ordered by the City Council. If ordered, the Developer will convey the easement to the City without cost, but the City will pay for the construction. Construction timing will be at the discretion of the City Council . 6. Additional Conditions of Approval. — A. The Developer shall provide buffer areas, acceptable to the City, between multiple family and single family areas to assure -' adequate transition between uses, including use of berms, landscaping, and setbacks from lot lines. B. The Developer shall not damage or remove any trees except as indicated on the grading and tree removal plans to be approved by the City and submitted with each plat. Trees shall be protected from — destruction by snow fences, flagging, staking, or other similar means during grading and construction. -3- /47/.4 / ((e.:4------, (7) 8-Ft. Bituminous Trail Descriptions. Lake Susan West Note: These descriptions do not preclude any requirements of the PUD contract. A. The city was paid cash as a part of an earlier phase in lieu of Joe Miller Homes' constructing this segment. In the interest of continuity, however, the city would like to remit this payment, $5,700, plus 5% and include this segment as part of the scheduled construction. B. New construction to be completed with this addition. Trail location must allow for const action this summer. C. This segment is outside of the project area, but again, in the interest of continuity, the city woul� like to ha\e its construction included in these plans. The city will reimburse Joe Miller Homes for construction costs of this segment. D. Existing unacceptable trail segment. Initial construction was completed at substandard q;:ar.tities and included poor grubbing and base preparation work. This segment to be re:r:'.cd anJ replaced in conjunction with the construction of Segment E. E. Nei; conswuction to be completed with this addition which includes two rail stubs connecting to the public street Southern reaches of the trail will require the use of a geo:exdle underlying fabric. Final design standards to be approved by the city. A trail stub currently exists at Barbara Court, which is the southern terminus of this trail. The cit> w ill construct the trail from this stub back to the new construction's terminus at the rna:ch line of the Lake Susan Hills West outlot and Chanhassen Hills outlot. F. This potential segment is being shown for consideration. A connection with the outlot from the sweet in this area makes a great deal of sense, allowing for non-vehicular traffic to flow from Lake Susan Hills Drive to the outlot. pc: Ron Isaac, Joe Miller Homes Dave Hempel, Assistant City Engineer • 0 1 .- .0 i to i 13 c a E \ -Ac-- E o _ c EWA N G a t- - V aT. • O . . . ' J w ae � � . . a z a O n 5 .i v S 2 , 0 C5a o Wa g in 03 U 6 .Y E W '' � o E� 0W e > r 85 1 :t p� 43 o E •- z J G -. • • _ — p `� • •. •. � ;; 2U =— a v-- — • - CDH ,A i • . r a) a 1 " j ; • b co aoe . NOO - C iTY o F WA CHANHASSEN BITUMINOUS TRAIL — DATE 2-91 PLATE NO. 5216 _ -(.7) _,. :.... 4 Liim- - J -ILL.,,- 1 Cit INN C th,4M n♦• f! JhI JLEVARp 1) & ...- PA-r I, 1.111111111 glig Et w mi • siva ,yri 0. t crt ipp .--11.44404/11q* N% AC1F1•� t v� �a P � - S �I�f HIGHWp�. ig / NIM‘kl5P c cetyl ' SUS • N oiNat to /. .. IF • ..•••4. Vi. ' AIN:.4040 i 1�•— .`t. . PARK I �`eP --\CC- 1 \o\ �` L ,� ��aii — .","\ it01111347,-----!---_,-72,....,:,,,,, 0 -41-0- ViL .,�.. �� ►� p \-- -"" _ =—1 SINNEN • a , t CM CLE '�' � L AIDE SUS AN >'; NifJ Lis 1 ir E ..,._ _ __. • 4/ it, mew la& *ot, _ , ,, --N.__ _ ,--- 4 0 it, •; Pill' y 3 ii aI a ilit 7€ TM "ice • „r '�- � i , AlliPIP plior- / .4ilifr'— . .- J1 Q1...• ` i 44. lle VD ,` � J•..X `` ♦_IW ...III Tit P( != 14.. . IJ lit' p 0 - dia. Y r -C, .• l:SC WPO$* t , ' r---- • ... "P-) •cv C lia. • . --. ... • LYMAA COUP � r �� i h • .F. 4. . s 1 1 MI rl M' bili j . idriu a - EVARt I.•.t8. II ) ..y: . — (7.1:-). `..)I C: 1-.. e_73 • 4,O/ - QOM;' I a QO I SAN TERE Q PARK r I •411re II��1/_ ` .'N1 / 1/* ..ti , • iith4. . a 14 I. 'F \ • , .{-IAC .�EIdS1T ;''- -'.• - ` 1 I f `2-C�pE./47 ♦' • (• .\ i '/' ,,,,=... i 111 /• linko **II A . I : 04 v i s-�,Z.._Cawts by .\ •(' �,':. a ? IN 111711- •11111 •., •, ;r`(;, • . r�' i ,- Z.1 5 rim' • ' • . • • 4:f'/-J :��/' . . ,. i ) ri,;' t z I,il•l. •V0't (i. `( i .♦ ' I tilipi•-y&xx..••, -`.�- G lit Item `� '.14i ' 1 �° . - al ��, ió ifjJ .. ci.,4.........., _ .-24 „ r „mil ll re„,,t. , . - • 44 ./7'.'” - '1 1 1 • '• ,,. „ d, to ,, ... ^au in lbw j� ,J „fir' .. .41111S;SCItiotris ii • •—•.-, . . ., co sas .„ 4 , ar,,,„ „ • „... ,, ,:.,. ;,...4: , 41M. IP. I lai fil I I mon 4 ., lie tel iti�v sem;`• + Ole �<, , ' ''rrre �. i ,f,ra arid Wa, ' :..-.t...... ---, dia‘ 7464%N.14k4..•.i.14. e‘ k i .- ''• ' - -. / r 411 woe ., t,.. N.” -,..-. ......... 0 i - - -46• 1PO."'' "111)1 Isimiliesing44) lielir&V- 122: .4 — ...• . ikkgril-ii;e.7. -a.i.)._ ; . , .. ' . • . IP ,. lion -siiiiiis *low.... i.%. ,..71,. . ,,, : cotamayrAc..i-44, il to Arg M , 1 • 0 art.....1 441-47 Pelt 0 � lig tr .... • 0000 tillik VA. . • 6 ,*AVic. .*(11/1talt. 1MP J ae O If A . . A VI i.‘-;,...1.! !.:..1 4itip Atillefferizt-?-. ,-: . 546.°0 "---t! ., 1.., .. voilt,„,1:24grealliwim .. ...„ , : Are Milk G..... MN Pi! win •,, f� it , ' „ L t - 1ii ' �`_ v • i .ltoo, eVam G .:4..•41.3:. © - .•w t nag. - •� NIP �'t e. .�� z40 - a� rAlli o 1%.0.- $ itivit1,--_, 4411 geht ..� ' ,.; air), ___ . . , .. ., ..,,..141,74i: . ...I...aril" ,10„,,,, wimp t.r. . . to 01 4 DIV i ...f7i.--, ._,..... - ,,,,s '''. .. - 4>441Litik, /64k40‘44,cas---.46112k:: . IR- - AH4k14,4 7---. ?1.r . - '.7'* :*" I--; v., ,i,,pt,,I. ;.. ". /..!.... -11PW Zirak fitril - itoutplU 4, Ili ISAy;-!7 ..-, . --7-,/1 , , --__ K‘‘ .7;•‘ -171 111 ozst4. ,..,,- -Nt-3,,.. or _ _./..?f, lir r-;: . d 4.40. , •• • t c /' ' Ai? ,:.• ...... L- .\ eff, to far p-43P,: 41' el,P r- silt- .1;111.'-' :IT . J / • df.;:. :ii.., v... ••;;• .40 e.-„- - .5',40y;Nri,.. ' .-4,-,./ . -og -1 .• V 1/. 4`Ve.h •:� 41 f 4-.04 \ M. -`•• r.. f OQ _r..._ Was . -• ; .. . I 4i- ' �' :.: E. �. fs ♦.i 4'.., _ _ 1 rte. . .. .., 7:: V - ... • : ' ---•••• - i:; i •••- 4'. .c 7 ...-• I ; • .! --_______..... -_. - i• •-, I , 1 11; 'Oil'i 1...I. -_ ..'•.a . ---....._ .............•...."' ....:„. ........:' . ,.---,..--721.-=....--• -. -:.,' •;.-, -.-:-7 MIMS aloW•11 a s.. - —•-•- --- •• . I _......"...„.... -___-____,T"'• i i! a : : • * • / _ ,.. • a ! . ...„•• .....„-..„, .; •4),,,____,,,,,,. .....,..,..)„..d..... • __, ---:...- 7.7.....al •• -- •. ----i-7---...-- , •--- . - -•.-:=--12=01 --;.--"___- - :i : ' : I - _ ---4 • - / s ---2..-___ --•• . :!.!; 3 ..... ,--":-._.:.,---•—• _ • — i!!:: _._ .; : • .,_ 11 0 C J o 0) .,-.: • .),•: •7•••.... I. ' C ; q lr-lilei 7 CO . . i. . . i' .! ' . : ?• 3 1 .:! • -!! . ....,' % ' --'--‘. i - ... .--d 4 Z M :: . . • -, ! i.. . ',ii i r 4e" ...- : ;i ,, I i ! ! !!:! I 0 , • 1:; ir • .,„ ...,or: ! -. -. 1 it..--, gp , ,. . . , . : ;:s . : - _ - 3 . - <:•?; Vi I , . -= ! I. :! ' i f ! ;i• : I ql: .,i :, 42.:.. .., • ,. :i•:: eik-4,.,,--.1. 0 : •• :., .1 ,.. J.- - 4\ *4-- • mi,a _ tI ;; 8 ;;;1f ::: R . - - --7-'...,:.i.•.. , ' .:,_.!r) • .. i glIMMO• ' ,r P •: • !. 1 . • :: t!i ! g g _ -. ......,....,;..• _:_ .-- :-.-- .-,:o;':- Z (1) .41: - .• : I .: - • I tt ." • • • I :I-. i 5 - x 1" ': • - ....._1.7— . i r ; • .4.:.& !! 0:.! •- ..-, ; •T . f ; ii ' r'1 ;E 1-- • MO — ; ! # C IL ":4" , • • -Lai i . ... . .. I . .- • •.; a • . r I ; i r 1 ..... .. _ ------- ' : 1 0 • t 1 I 1 i ..... . ,.... . .. 1 i . i . . i , l ' ' fif . ' 7 , r ... • • 1 . . ! r :451 Ili f : 14 . ; i 2 ; ' Male it...i .. ..- . Ifif ! I ti i ; zigj - 0 ---'"- i C ) i 1 i I f••• i I ! . • I . . . , • . . . . : t ; i : .. . ' I .. . .. .;;T • . : i • ; r ; I : : ! • ' t •.: .: - . i ; i i • • • S • . a i. . . . . - ; 1 I I I I • , 'ti : ... 1 ' Pill Iii ii.1 eli ; ! : f.• e i• 1 WO 11 1 i tr, , P PP I Immo I tli ; :. . ittf . ...m. ? 1, 3 ; iiiii I iit - Iti ° _ 1 .6 1 ; i i • t i 1 i ? I $ ..... PI ..a•mm.. ....... ... ......__. STATE OF hp, id- IM [EZCD`if , DEPARTMENT OF NATURAL RESOURCES PHONE No. METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 551cN0 772-7910 February 17 , 1993 Jo Ann Olsen, Senior Planner City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 RE: LAKE SUSAN HILLS 9TH ADDITION, PRELIMINARY PLAT (CITY FILE 87- 3PUD) , SUSAN LAKE (10-13P) , CITY OF CHANHASSEN, CARVER COUNTY Dear Ms . Olsen: We have reviewed the site plans dated January 29 , 1993 (received February 5, 1993 ) for the above-referenced project (S. 23 , T. 116N, R. 23W) and have the following comments to offer: 1 . Public water Lake Susan (#10-13P) is on the proposed site. Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross-section of public waters or public waters wetlands, is under the jurisdiction of the DNR and may require a DNR protected waters permit. The OHW for Lake Susan is 881 . 8 ' (NGVD, 1929) . 2 . Portions of the site are within the Lake Susan Shoreland District . The project must be consistent with the city' s current shoreland ordinance standards. Lake Susan has a Recreational Development shoreland classification. Current city and state shoreland standards require minimum lot sizes of 20, 000 square feet for riparian - lots, and 15 , 000 square feet for non-riparian lots, with minimum lot widths of 75 feet. A number of the proposed non- riparian lots do not meet the area standards. However, since this site does meet the overall density standards if evaluated as a PUD under current state shoreland standards, we do not have a concern about this aspect of the development. We are pleased to see that the sensitive area adjacent to the lake will be dedicated as parkland and left relativly undisturbed. We would also like to see topographic and vegetative alterations minimized in all areas with steep slopes . 3 . It appears that the intent is to route most of the stormwater through settlino tasins, which is good. We would object to having any of the stormwater routed directly to Lake Susan. KLICEVED . L :i ~ 1993 AN EQUAL OPPORTUNITY EMPLOYER 6ICY O C-ANHA SEiv " 7 Ms . Jo Ann Olsen (Lake Susan Hills 9th Addidition) February 17 , 1993 Page 2 4 . It appears that there are wetlands on the site that are not under DNR jurisdiction. The U. S. Army Corps of Engineers should be consulted regarding pertinent federal regulations for activities in wetlands. In addition, impacts to the wetlands should be evaluated by the city in accordance with the Minnesota Wetlands Conservation Act of 1991 . 5 . There should be some type of dedicated easement, covenant or deed restriction for the properties adjacent to the wetland areas . This would help to ensure that property owners are aware that various agencies (including the city, watershed district, and the U. S. Army Corps of Engineers) have jurisdiction over the areas and that the wetlands cannot be altered without appropriate permits. 6 . Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 7 . If construction involves dewatering in excess of 10, 000 gallons per day or 1 million gallons per year, a DNR appropriations permit is required. You are advised that it typically takes approximately 60 days to process the permit application. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: Bob Obermeyer, Riley-Purgatory-Bluff Creek WSD Gary Elftmann, USCOE Wayne Barstad, Ecological Services Lake Susan file (10-13P) • ct :lCARVER COUNTY COURTHOUSE 1 600 EAST 4TH STREET PUBLIC WORKS DEPARTMENT \ / CHASKA,MINNESOTA 55318 — 1612)4481213 NivEso COUNTY Of CAQVEQ February 18, 1993 To: JoAnn Olsen, Chanhassen Senior Planner — From: Bill Weckman, Assistant County Engineerv Subject: Preliminary Plat ii Lake Susan Hills 9th Addition — Comments regarding the preliminary plat for Lake Susan Hills 9th Addition dated January 29, 1993, and transmitted to Carver County by your memorandum dated February 3, 1993. 1 . Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Minor Arterial (Class II) are: Urban Undivided Rural Undivided 2-lane Roadway 2-lane Roadway Minimum Recommended Minimum Recommended 100' 110' 120' 150' Urban Undivided Rural Undivided 4-lane Roadway 4-lane Roadway Minimum Recommended Minimum Recommended 100' 120' 140' 170' County State Aid Highway (CSAH) 17 is functionally classified as a Minor Arterial (Class II) roadway in the Eastern Carver County Transportation Study. A 150 foot corridor has been established for a potential 4 lane divided highway. The city may wish to consider an even wider highway corridor along the proposed — subdivision if a separate trailway is to be constructed along the county highway. Additional width may also be needed to accommodate public utilities and landscaping. 2. In 1990, the County removed approximately 100,00 cu. yd. of fill material from west side of CSAH 17 and stock piled the material on the east side of CSAH 17. The borrow material is intended to be used for the eventual construction of the additional two lanes — on CSAH 17. Some of the material was placed outside, or east of, the permanent road right of way. From the information provided by the developer; it appears that lots abutting the right of way will be located on the top of some of this borrow material. The existing contour lines on the information provided do not match the information the County has as "as-b44" — surveys from the 1990 project. It appears that it is again necessary to determine`aJG Affirmati:t Action/Equal Oppodunitt Empke.lo Prrntrd'in Recoiled Paper ` 05-^L! ^ {``. -; proposed road cross-section through this area to determine the allowable or necessary excavation through the proposed platted area. The County would recommend meeting with the City to determine the future cross-section of CSAH 17 before final approval of the proposed plat. 3. Construction of the proposed street intersection with CSAH 17 is subject to the access permit requirements of Carver County. The preliminary plat indicates that with the addition of another two lanes to CSAH 17, the landing area on Lake Susan Hills Drive at CSAH 17 will be approximately 30 feet in length. The City may want to review the potential impact of vehicles stopping on the 5,5%+ grade approach before entering CSAH 17. Construction of a right turn lane will be required. 4. Any public utility lines that are to be installed within the CSAH 17 right-of-way are subject to the utility permit requirements of Carver County. 5. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 17 is subject to review and approval of the county highway department. 6. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right- of-way (including turn removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 7. As this area develops. the traffic on CSAH 17 will increase. The increased traffic will generate an increased noise level. The County would consider any type of noise abatement project. if necessary, to be the responsibility of the City or developer. 8. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating proposed shrubs and trees. consideration should be given to maintaining an acceptable sight distance at the proposed intersection. Thank you for the opportunity to comment on the preliminary plan for the proposed development. u", ' I f + � 0► I 3,�,� LAKE i ?.UTLOT ?1qE.c. bE)JssC4 cies. I 4? •• u) 28 (erzoU) Irl 7 la i III 0 • liao 8) a III:liks IMO ,• 0 :ilk is ca • 4 _ ...0 „,,,,..,„„ r, _ ,, 1::::.A..)•) it 41. -to c i CDur Lcri-v k lifillikem044 001‘‘ c• /0, i pn_lz-es451_...Acr. tij di 0.„_., ,.,..E * ( PAGt41. 3 1 141,1011111111111111100 s 4.. 41/ ►•. :4. 4 ililivrai,oti � .♦ • l __:,. IRON .,,,,,E e�♦ ,Illb al , 1121 b. � ,...,op 11 .$ ;it . 41Illir ci I 1 I 1114 1 1w6 iii i a 1. 47 \ 3 ,.gO \'4k---- / 04,....Ati _ li. 411,1 \ 0 art 1 P IN lh°7- ) 1' ..M15 . . L ,....... _ ,,., moh, ,. 0„,, Q 0 33/SS Illaiiiii0 • �.h, V'S p a' illill, MN '' .: Ill .:. -_, , '1"', a iv 2 - M.• - 1t-..l--ip16 f i14/ 4 ,�s�, r . -.9 ,, 0' ' 4, s .. A , -‘ ff ^ s. �, SITE - /� ., '�f TOTAL GROSS ACRES: 299 • � O �- . s�! TOTAL D.U.: 1007 _ • Y i PUD DENSITY: 3.37 D.U./GR f ! 0 Q -} RSF 155.9 AC. MULTIPLE (R8) 23.6 AC. - rt r ; MULTIPLE (R12) 21.5 AC. ' ��f 65.7 AC. , : - - PUBLIC OPEN SPACE /,JY-'._..___ /J,- § 18-60 CHANHASSEN CITY CODE (1 Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land. (g) Double frontage lots with frontage on two(2) parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten (101 feet to accommodate vegetative screening along the back lot line. Wherever possible, structures on double frontage lots should face the front of existing structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten (101 feet to accommodate vegetation screening along the back lot line. (h) Lot layouts should take into consideration the potential use of solar energy design features. Ord. No. 33-D, § 6.5, 2-25-85) Sec. 18.61. Landscaping and tree preservation requirements. a Required landscaping'residential subditision. 1 Each lot shall be provided with a minimum of one (1) tree to be placed in the front yard. The type of tree shall be subject to city approval. (the city will provide a list of speciesi. Coniferous trees must be at least six (6) feet high and deciduous trees must be at least two and one-half (2Y2) inches in diameter at the time of installation. This requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half (2Y2) inches for decid- uous and six-foot height for evergreen and four(4) feet above the ground is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Primary Specimen Deciduous Trees Common Name Acer saccharum Maple, Sugar or hard Celtis occidentalis Hackberry Quercus alba Oak, White Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Tilia americana Linden, American Secondary Deciduous Trees Acer platanoides 'Cleveland' Maple, Cleveland Norway Acer platanoides 'Columnar' Maple, Columnar Acer platanoides 'Crimson King' Maple, Crimson King Acer platanoides 'Emerald Lustre' Maple, Emerald Lustre Norway Acer platanoides 'Emerald Queen' Maple, Emerald Queen Norway Acer platanoides 'Jade Glen' Maple, Jade Glen Acer platanoides 'Schwedler' Maple, Schwedler Norway Supp.No.4 1010 SUBDIVISIONS § 18-61 — Secondary Deciduous Trees Common Name Acer platanoides 'Superform' Maple, Superform Norway Acer platanoides `Variegatum' Maple, variegated Norway Acer rubrum Maple, Red Acer rubrum `Northwood' Maple, Northwood Red Acer saccaharinum 'Silver Queen' Maple, Silver Queen Betula payryiter Birch, paper Betula pendula icciminta Birch, cut leaf weeping Fraxinus americana Ash, White Fraxinus pennsylvanica Ash, Marshall's Seedless Ginkgo biloba Ginkgo Gleditsia tricanthos inermis Honeylocust, thornless Gleditsia tricanthos inermis 'Imperial' Honeylocust, Imperial Gleditsia tricanthos inermis 'Skyline' Honeylocust, Skyline Gymnocladus dioica Coffeetree, Kentucky Ornamental Acer innala Maple, Amur _ Amelanchier Serviceberry or Juneberry Malus bacata columnaris Crabapple, Columnar Siberian Malus (various species, Crabapple, flowering -Varieties: Dolgo, Flame, Radiant, Red, Silver, Red Spendor Prunus 'Newport' Plum, Newport - Prunus triloba Plum, flowering or Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schuberts Rhamnus frangula `Columnaris' Buckthorn, Tallhedge -- Syringa amurensis japonica Lilac, Japanese tree Tilia cordata Linden, Littleleaf Tilia cordata `Greenspire' Linden, Greenspire Tilia x euchlora 'Redmond' Linden, Redmond Conifers — Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Picea abies Spruce, Norway Picea glauca Spruce, White Picea gauca densata Spruce, Black Hills Picea pungens Spruce, Coloardo Green Picea pungens glauca Spruce, Colorado Blue Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway !pp.No.4 1010.1 § 18.61 CHANHASSEN CITY CODE Conifers Common Name Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga Menziesii Fir, Douglas Thuja occidentalis Arborvitae _ Thuja occidentalis Techney Arborvitae (2) The tree must be installed prior to receiving a certificate of occupancy or financial guarantees acceptable to the city must be provided to ensure timely installation. (3) All areas disturbed by site grading and/or construction must be seeded or sodded immediately upon completion of work to minimize erosion. When certificates of oc- _ cupancy are requested prior to the satisfaction of this requirement, financial guar- antees acceptable to the city, must be provided. (4 No dead trees or uprooted stumps shall remain after development. On-site burial is not permitted. (5 Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined by the com- prehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees _ and shrubs andior tree preservation areas. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty-five 125: percent over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city ap- proval. Appropriate financial guarantees acceptable to the city shall be required. Cb. It is the policy of the city to preserve natural woodland areas throughout the city and with respect to specific site development to retain as far as practical, substantial tree stands which can be incorporated into the overall landscape plan. c No clearcutting of woodland areas shall be permitted except as approved in a subdi- vision, planned unit development or site plan application. (d) The following standards shall be used in evaluating subdivisions and site plans: (1 To the extent practical, site design shall preserve significant woodland areas. (2 Healthy shade trees of six (6) inches or more caliper at four (4) feet in height shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. (3 Replacement of trees approved for removal by the city may be required on a caliper- inch-per-caliper-inch basis.At minimum,however,replacement trees shall conform to the planting requirement identified in division 3 of this article. Supp.No.4 1010.2 Pioneer Engineering 7831883 P. 02 _ LAKE SUSAN HILLS WEST 9TH TREE TAGS 51 44" Oak 52 48" Oak 53 14" Elm 54 20" Oak 55 20" Oak S6 22" Oak 57 24" Oak 58 12" Oak 59 30" Oak 60 18" Oak 61 30" Oak 62 12" Oak 63 36" Oak 64 10" Oak 65 30" Oak 66 20" Basswood 67 30" Oak h8 24" Oak 69 8" Elm 70 18" Oak 71 22" Oak 72 28" Oak 73 18" Oak 74 24" Oak 75 38" Oak 76 36" Oak 77 24" Oak 78 10" Oak 79 10" Oak 80 10" Oak 81 8" Oak 82 12" Oak 83 10" Ash 84 6" Oak 85 10" BE 86 10" BE Twin 87 8" Oak 88 12" Oak 89 12" Basswood Triple 90 10" Ash 91 40" Oak 92 38" Oak 93 10" Oak 94 6" Oak 95 8" Oak 96 10" Oak 97 10" Oak 98 10" Oak 99 8" Oak 100 12" Elm Twin 0- Pioneer Engineering 7831883 P. 03 303 12" Box Elder 363 40" Oak 304 10" Box Elder 364 10" Oak — 305 14" Box Elder 365 8" Elm 306 8" Box Elder 366 8" Oak 307 12" Box Elder 367 8" Elm 308 10" Box Elder 368 6" Oak 309 16" Box Eider 369 10" Oak 8" Oak 310 14" Box Elder 37071 „ 311 8"-12" Quad Box Elder 3722 10" Oak Oak 312 12" Box Elder 373 8" BE 313 10" Box Elder 374 14" BE 314 24" Box Elder 375 6" BETwin - 315 12" Box Elder 376 14" 316 10" Twin Box Elder 377 8" Elm BE 31,7 18" Box Elder 378 8" Oak __ 318 16" Box Elder 379 10" Oak 319 18" Box Elder 380 8" Elm 320 32" Box Elder 381 8" Oak 321. 34" Box Elder 382 6" Ash 322 48" Oak 383 8" Oak 323 40" Oak 384 10" BE 324 10" Box Elder 385 8" Oak -- 325 14" Box Eider 386 8" Oak 326 10" Twin Box Elder 387 10" Oak 327 8" Box Elder „ 328 8" Twin Box Elder 388 8Oak 389 8" Oak 329 12" Twin Box Elder 390 8" Oak 330 16" Box Elder 391 8" Oak __ 33]. 14 Box Elder 392 10" BE 332 48" Oak , 12" Oak 333 12" Box Elder 394 6" Oak 334 48" Oak 395 6" Oak __ 335 10" Quad Box Elder 396 14" BE 336 18" Box Elder 397 10" Oak 337 20" Box Elder 398 14" BE 338 12" Box Elder 339 30" Oak 399 340 38" Oak 400 341 38" Oak 401 8" BE 342 12" Box Elder 402 10" BE 343 40" Oak 403 10" BE 344 30" Oak 404 14" BE — 345 50" Oak 405 10" BE 346 10" BE Twin 406 8" Elm 347 12 BE 407 32" Oak 348 12 BE 408 6" BE 349 10 BE DBL 409 8" Elm 350 18" willow 410 48" Oak 351 12 Maple 411 44" Oak — 352 10" BE 'Dain 412 36" 353 8" BE Twin 413 BE 354 36" Oak 414 20" Elm — 355 42" Oak 415 6" BE 356 28" Oak 416 8" BE 357 8" Elm 417 6" BE 358 8" BE 418 20" Oak — 419 16" Oak 359 12" Oak „ ,_ Pioneer Engineering 7831883 P. 84 423 20" Oak Twin 483 28" Oak 424 28" Oak 484 24" Willow Triple _ 425 10" Oak 485 30" willow 426 50" Oak 486 10" Elm Twin 427 8" BE 487 14" Willow 428 18" Oak 488 14" Willow — 429 20" Oak 489 14" Willow Twin 430 22" Oak 490 14" Willow Twin 431 14" Oak 491 12" Ash — 432 40" Oak 492 24" Oak Twin . 433 38" Oak 493 18" Oak 434 48" Oak 494 28" Oak -- 435 435 10" BE 495 38" Oak 436 8" Elm 496 20" Oak 437 10" 8" Elm 497 18" Oak 438 10" Elm 498 16" Oak __ 439 10" Elm 499 18" Oak 440 6" BE 500 30" Oak 441 6" Elm 501 40" Oak — 442 8" Oak 502 12" BE 443 38" Oak 503 14" Elm 444 8" BE 504 40" Oak -- 445 445 8 BE 505 * 446 18" Basswood 506 * 447 22" BE 507 24" Oak — 448 8" Elm 508 22" Oak 449 10" Elm 509 28" Oak 450 18" BE 510 44" Oak Twin 451 12" BE 511 14" Oak — 452 10" BE Twin 512 40" Oak 453 8" Elm 513 34" Oak 454 6" Elm 514 12" Oak — 455 6" ELm 515 28" Oak 456 8" BE 516 24" Oak 457 8" Elm & BE 517 48" Oak — 458 8" BE 518 26" Oak 459 14" willow Twin 519 10" Oak 460 6" Elm 520 22" Oak 461 10" Elm 521 . 10" Ash — 462 10" Elm 522 48" oak 463 6" ELm 523 24" Oak 464 28" Oak 524 8" Elm — 465 28" Oak 525 42" Oak 466 30" Oak 526 40" Oak 467 32" Oak 527 6" Basswood __468 6" Cedar 528 12" BE 469 14" Willow Twin 529 8" Basswood 470 10" Elm 530 8" Elm 471 6" Cherry Twin 531 8" Oak -- 472 32" Oak 532 10" Oak 473 20" Oak 533 * 474 18" Oak 534 8" Oak — 475 34" Oak 535 10" Oak 476 30" Oak 536 10" Elm 477 18" Oak 537 10" Oak 478 24" Oak 538 10" Oak 479 8" Elm 539 8" Oak Pioneer Engineering 7831883 P. 89 581 24" Basswood 521 20" Oak 582 28" Maple 522 20" Oak 583 36" Elm 523 24" Oak 584 20" Basswood 524 30" Oak 585 22" Oak 525 22" Oak 586 12" Oak — 526 20" Oak 587 20" Maple 527 26" Oak 588 12" Elm 528 24" Oak 589 12" Elm Twin __ 529 22" Oak 590 24" Oak Trip 530 18" Oak 591 8" Elm 531 28" Oak 592 10" Elm 532 24" Oak 593 10" Oak — 533 20" oak Twin 594 24" Maple 534 22" Oak 595 22" Oak 535 24" Oak 596 12" Ash — 536 36" Oak 597 48" Bass 537 18" Elm 598 30" Oak 538 10" Elm 599 23" Oak __ 539 12" Oak 600 24" Oak 540 32" Oak 601 14" Oak 541 38" Oak 602 18" Oak 542 18" Ash 603 28" Maple 543 30" Oak 604 28" Oak 544 24" Oak 605 12" Elm 545 26" Ash 606 30" Oak — 546 28" Ash 607 10" Basswood Twin 547 36" Oak 608 12" Elm 548 30" Oak 609 14" Oak ._ 549 24" Oak 610 35" Oak 550 24" Oak 611 35" Basswood 12" Bass 551 22" Oak 612 12" Basswood 552 12" Oak 613 8" Elm 553 10" Elm 614 34" Basswood 554 32" Basswood 615 36" Basswood 555 28" Oak 616 24" Oak — 556 20" Oak 617 36" Basswood 557 20" Elm 618 36-10-6 Basswood 558 30" Oak 619 34" Oak 559 18" Elm 620 28" Basswood 560 28" Elm 621 6" Elm 561 24" Maple 622 30" Oak 562 32" Ash 623 30" Ash 563 24" Oak 624 28" Ash 564 10" Elm 625 24" Oak 565 24" Basswood Twin 626 30" Basswood Twin — 566 24" oak 627 32" Oak Twin 567 18" Oak 628 30" Ash 568 12" Basswood 629 18" Oak __ 569 28" Elm 630 24" Oak 570 20" Maple Twin 631 28" Basswood Twin 571 30" Oak 632 28" Oak 572 22" Maple 633 22" Oak 573 14" Elm 634 20" Oak 574 10" Basswood 635 12" Ash 575 14" Oak 636 24" Oak Twin — 576 18" Elm 637 16" Oak r•,-, 1 .111 n_i. elm non n-,L Pioneer Er,s i neer ins Tc ?18c 3 P. 05 — 543 8" Oak 603 16" Oak 544 14" Oak 604 24" Ash — 545 10" Oak 605 24" Oak 546 8" Oak 606 20" Oak 547 6" Elm 607 24" Oak — 548 8" Ash 608 24" Oak 549 6" Elm 609 28" Oak 550 24" Oak 610 30" Oak _ 551 40" Oak 611 26" Oak 552 36" Oak 612 10" Oak 553 20" Oak 613 12" Oak 554 42" Oak Twin 614 16" Oak _- 555 40" Oak 615 24" Ash 556 10" Oak 616 24" Oak 557 28" Oak 617 28" Oak — 558 24" Oak 618 8" Ash 559 8" Elm 619 10" Ash 560 40" Oak 620 24" Oak — 561 24" Oak Twin 621 22" Ash 562 30" Oak 622 28" Oak 563 30" Oak 623 16" Oak 564 50" Oak 624 30" Oak — 565 42" Oak 625 20" Ash 566 36" Oak 626 28" Oak 567 30" Oak 627 24" Oak — 568 30" Oak 628 24" Oak 569 20" Oak 629 18" Oak 570 18" Oak 630 18" Oak _ 571 8" Elm 631 14" Oak 572 14" Basswood 632 16" Oak 573 36" Oak 633 24" Oak 574 6" Elm 634 24" Oak — 575 6" Ash 635 10" Elm 576 24" Oak 636 28" Ash 577 30" Oak 637 14" Oak — 578 24" Oak 638 10" Oak 579 24" Oak 639 14" Ash 580 8" Elm 640 30" Ash _ 581 16" Ash 641 18" Oak 582 26" Oak 642 18" Oak 583 14" Oak 643 28" Oak 584 30" Oak 644 18" Ash — 58.5 24" Oak 645 30" Ash 586 12" Oak 646 10" Oak 587 18" Oak 647 10" Oak — 588 12" Oak 648 14" Oak 589 28" Oak 649 20" Oak 590 8" Box Elder 650 24" Ash — 591 36" Oak 651 40" Oak 592 28" Oak 652 10" E1mm. 593 16" Oak 653 12" Elm 594 16" Oak 654 42" Oak __ 595 16" Ash 655 24" Oak 596 30" Oak 656 12" Elm 597 18" Oak 657 24" Oak — 598 18" Basswood 658 30" Oak 599 24" Oak 659 42" Oak Pioneer Ens ineer ins 7831883 F. Cl c. — 663 36" Oak 723 28" Oak 664 8" Elm 724 24" Oak 665 10" Willow 725 40" Oak 666 18" Oak 726 18" Oak 667 18" Elm 727 20" Oak 668 16" Oak 728 20" Oak 669 24" Elm 729 28" Oak 670 18" Willow 730 20" Oak — 671 40" Elm . 731 36" Oak 672 12" Willow 732 28" Oak 673 24" Ash 733 22" oak 674 40" Elm 734 12" Oak — 675 40" Ash 735 20" Oak 676 30" Oak 736 20" Oak 677737 30" Oak 20" Oak — 678 20" Oak 738 30" Oak 679 22" EL , 739 24" Oak 34" E1 740 10" Oak Twin 680681 * 741 10" Oak — 682 8" Elm742 48" Oak 683 10" El743 12" Ash 684 10" Ash 744 24" Ash 685 20" Oak 745 12" Oak 685 30" Oak 746 12" Oak 687 20" Oak 747 12" Oak — 682 30" Oak 748 14" Oak 689 10" Oak 749 10" Oak 690 18" Oak 750 30" Oak 691 20" Oak 751 30" Oak 692 33" Oak 752 24" Oak 653 40" Oak 753 12" Oak 694754 24" Oak 20" Oak 755 12" Willow — 695 14" Oak 696 24„ Oak 756 10" Elm 697 24" Oak 757 20" Oak 698 50" Oak 758 10" Elm 699 20" Ash 759 28" Oak 700 30" Oak 760 20" Oak -- • 701 10" Oak 761 28" Oak 702 40" Oak 762 28" Oak 703 20" Oak 763 12" Elm 704 24" Oak 764 10" Oak 705 24" Oak 765 12" Elm 706 18" Oak 766 12" Um 707 50" Oak 767 50" Oak -- 708 24" Oak 768 24" Oak 709 28" Oak 769 10" Elm 710 30" Oak 770 8" Ash 711 30" Oak 771 18" Oak — 712 12" Elm 772 42" Oak 713 28" Oak 773 24" Oak 714 24" Oak 774 8" Oak 715 30" Oak 775 24" Oak 716 30" Ash 776 42" Oak 717 24" Oak 777 22" Oak 718 30" Oak 778 26" Oak 779 20" Oak Pioneer Envineerir-a := 1c� _ P . 07 _. 783 42" Oak 843 10" Oak — 784 22" Oak Twin 844 8" Oak 785 * 845 14" Elm 786 * 846 18" Basswood Win — 787 * 847 44" Oak 788 * 848 32" Oak 789 * 849 32" Oak 790 * 850 14" Oak — 791 * 851 24" Oak 792 * 852 24" Oak 793 * 853 12" Oak _ 794 * 854 22" Oak 795 * 855 24" Oak 796 * 856 26" Oak _ 797 * 857 16" Oak 798 * 858 24" Oak 799 * 859 40" Oak 800 * 860 20" Oak — 801 28" Oak 861 20" Oak 802 36" Oak 862 8" Oak 803 28" Oak 863 18" Oak — 804 10" Elm - 864 14" Oak 805 26" Oak 865 24" Oak 806 36" Oak 866 34" Oak — 807 26" oak 867 28" Oak 808 8" Elm 868 12" Oak 809 8" Elm 869 22" Oak 810 10" Oak Twin 870 28" Oak — 811 26" Oar; 871 24" Oak 812 16" Oak 872 38" Oak 813 16" Oak 873 18" Bass — 814 36" Oak 874 16" Elm 815 24" Ash 875 32" Oak 816 10" Elm 876 44" Oak 817 24" Oak 877 40" Oak — 818 24" Oak 878 30" Oak 819 16" Oak 879 22" Oak 820 24" Oak 880 20" Oak — 821 20" Oak 881 22" Oak 822 10" Elm 882 12" Elm 823 10" Oak 883 14" Bass — 824 12" Oak 884 14" Elm 825 40" Oak 885 12" Elm 826 26" Oak 886 12" BE 827 26" Oak 887 14" Maple — 828 22" Oak 888 10" Elm 829 28" Oak 889 12" Elm 830 48" Oak 890 12" Elm — 831 18" Oak 891 18" Elm 832 36" Oak 892 20" Oak 833 28" Oak 893 10" ELT, 834 10" Elm 894 8" Elm 835 40" Oak 895 26" Oak 836 10" Oak 896 28" Oak 837 10" Oak 897 28" Oak 838 24" Oak 898 32" Oak �,� 000 Ann nml. Picr- eer- Eng ineer- ir-,3 78318 = 3 P. O:= 903 18" Oak 963 34" Basswood 904 2G" Oak 964 28" Oak 905 16" Oak 965 24" Oak 906 28" Oak 900 18" Oak 907 36" Oak 967 24" Basswood 908 28" Oak 968 22" Basswood Twin 909 38" Oak 969 32" Basswood 910 26" Oak 970 30" Oak 911 30" Bass 971 24" Oak 912 24" Oak 972 14" Basswood 913 12 24" Oak 973 12" Basswood 914 16" Oak 974 10" Bass Twin 915 22" Oak 975 14" Oak 916 38" Oak 976 10" Oak _ 917 26" Oak 977 8" E'er 918 26" Oak 978 42" Basswood 919 34" Oak 979 35" Basswood 920 20" Oak 980 10" ALT, 99201 40" Maple 981 36" Basswood 922 22" Maple 982 28" Basswood 923 36" oak 983 38" Oak 924 40" Oak 984 10" Oak 925 36" BasswoodOa985 36" Oak 926 40" Basswood 986 20" ELT _ 927 32" Basswood Trip. 987 12" EL;, 928 24" Basswood 988 14" ELT. 989 10" lm 929 28" Basswood 990 24" Oak 930 36" Oak 991 36" Oak — 931 40" Maple 992 12" E1;, 932 24" Basswood 993 24" Oak 933 12" Oak — 934 14" Basswood 994 32" Oak 935 8" ELT. Trip. 34" Oak 996 20" Oak 936_ 937 8� Maple Elm 997 8" Maple 938 24" Oak 998 22" Maple 939 24" Oak 999 8" �Lr: 940 24" Maple 1000 26" Oak (4758) 941 28" Oak ROUND TAGS 9�3 24" Oak 501 36" Oak (4759) — 944 28" Oak 502 26" Oak 945 24" Oak 503 32" Oak 946 18" Oak 504 20" Oak _ 947 20" Oak Twin 505 24" Oak 948 18" Oak 506 24" Oak Twin 949 12" Oak 507 24" Oak 950 26" oak 508 22" oak -- 951 32" Oak 509 20" Oak 952 18" Oak 510 24" Oak 953 34" Oak 511 30" Oak 954 36" Oak 512 26" Oak 955 12" Ash Twin 513 34" Oak 956 32" Oak 514 24" Oak _ 957 34" Oak 515 18" Oak 958 35" Basswood 516 36" Oak „_„ -- 517 32" Oak COMPLIANCE TABLES BLOCK 1 Lot Area Lot Width Lot Depth 1 Lot 1 12,600 83 148 I Lot 2 12,800 85 150 — Lot 3 14,150 87 157 Lot 4 14,950 85 172 Lot 5 15,550 83 173 — Lot 6 13,900 83 152 1 Lot 7 13,750 94 146 Lot 8 12,700 141 144 BLOCK 2 Lot Area Lot Width Lot Depth Lot 1 20,875 100 208 Lot 2 22,350 120 220 — Lot 3 20,725 104 219 Lot 4 20,775 100 209 Lot 5 20,225 100 203 Lot 6 20,425 100 203 — BLOCK 3 Lot Area Lot Width Lot Depth — Lot 1 21,825 98 220 2 24,800 116 257 — 3 22,825 151 241 4 25,650 97 200 — 5 24,325 90 194 6 16,675 85 189 7 16,475 85 195 8 15,070 90 194 9 15,350 90 179 — 10 17,017 92 154 1 BLOCK 4 Lot Area Lot Width Lot Depth Lot 1 16,800 100 153 Flag Lot 2 23,000 100 259 Flag Lot 3 27,750 100 288 Flag Lot 4 22,550 100 228 Flag Lot 5 14,525 83 174 6 15,000 87 174 7 16,575 85 179 8 15,000 85 172 9 13,400 86 155 10 15,125 208 136 11 14,575 163 183 12 16,208 98 137 13 22,500 87 161 14 22,935 83 171 15 19,165 85 179 16 17,750 85 179 17 17,400 85 178 18 15,820 116 187 19 15,000 105 193 20 16,320 87 191 21 15,450 115 191 __ 5,150 128 210 23 16,000 119 206 24 15,350 89 192 25 16,192 85 190 26 17,680 85 203 27 17,340 85 213 28 18,920 86 220 29 20,972 85 200 30 17,75() 83 179 2 BLOCK 4 Lot Area Lot Width Lot Depth — 31 18,100 87 176 32 17,950 85 177 _ 33 18,100 85 178 34 17,525 83 176 _ 35 18,250 95 200 36 24,500 100 320 — 37 28,600 100 320 38 26,225 153 200 — n BLOCK 5 Lot Area Lot Width Lot Depth Lot 1 19,375 140 208 — 2 18,250 190 189 3 16,050 124 189 — 4 15,800 124 183 5 15,625 116 161 + 6 12,450 97 146 7 12,525 86 146 8 12,450 86 147 _ 9 13,325 83 147 10 14,425 85 158 _ 11 14,650 87 159 12 13, 175 87 148 — 13 12,700 85 149 14 15,200 83 160 — 15 18,600 83 172 16 15,650 87 160 17 13,325 83 144 18 14,925 83 159 19 18,400 85 202 I, r 20 14,875 100 149 3 21 20,875 86 153 _ 22 31,475 86 195 23 23,800 86 185 24 16,750 100 165 25 19,250 231 169 26 15,000 142 180 27 17,550 95 183 28 26,800 146 183 4 � r • • _ �:, :-• : i i . ; it I le h Po. 1.1 ;I t! t; --' {qtr VIi! iII- M .• _ ' t 11t t:# — !1 ii 1 1 It d } ' i� t Arlt iil lii{;=E I 47-• • ;- ij!iIiJit 1 ;s , lit- � 1Ii I - 1! i I t / : A . •=-.1 it-a-4_,..: .'•44, \-\\\ s%‘I 1• ' ri44, t ..- 1\ .\ •tttt 1 t \ t _ - t viii\r‘N • . ,,,--li\ ) skOlt‘'‘`I"‘\‘` . -ti ., \ z t ma _ ' tooN t Q \t` `� il,„,;\,, , ,,,,„,,,,1 \ At ...„ '4 \... .."......., ' 1 AN 1 t , , 1 . ...slat: _I , \ t. ,,\.,...„4„ , „. . .,..„,, ,,, _ ,....,. N. ,. s.,•\ :,. „ 11c1r, 4,..itsb -1-44,1%; %, c. tiy.w.;, _‘ , i ;-\ \ ....--- -.- /4frisiii;,: , 4,- .\,forst,.,* "'�r I — ‘\. It -- : \ m AN ‘ ( *4tN:* *-t'b- .L.. -- I t ss _ {-2,-0-__- 40 . 4 c.''-',!".. ___ 410 4'0 i -• 8%pc:‘,..,/- / 4*"\s7 .Z. X,.t. \-11-.rolc-- , -.a:: e ,, -r . „- ,.. e..,--:.z,, cis 1 . , , , ... \ -.. . ,,-„.. ,„, . ,. . ........ .. „.._.- . , . ... ,i .4 ••'4"Nr, 'I 414k.N: '•/4,4\ . ...4kii,..,%‘•-•-- --i-‘-------- *•. 1 • \ t& '• \i4,11 17.! 16410':"Nk ..:.2 /.:. ..:: Pk) - - ' , ; • ,• p- , , w r_.... / . \ .'•---.2('-.• ..,..4 iiiiii ,V>1' 1 ,,. ' ss- - -0- - i , ,N,'.',,15, -",' I _ % _.---..........•------_•-...... o,\, , , _• -..--------,,!--i --'4,:r•—___ Nig -440110 -•••.4\'‘ (,,, '‘ ,%.• A •i / i' li ,- '.' ii.i,‘ r.,_-_-_op h ,............. ......,„. ,.._1„, _ . „.0, , ‘, ,.: -N. . \....)-- 7./, ,, ,, _ I -• Pi.r. ...., 4 . 1111 fsit•It i bli , (-.'-Le-..---.=,, Z 'Z ,e• 'l `‘ss‘ AV ii ( ta'� / =-� ,, 4 !I - �sS !.y_...---NK.,, /,' i iN • dows- ,.Ny 40 r\<4%,'/ na. ,,* ./ ...,/: / 1, fr, oi 11,1 N �� • lir t e � \,,,,,,.f.. ,-.. ' ).„(//,' . ,;''frif'c _ _\ , le, , ,A,, , _, s : ., ,.. ....:.,:.,_.„:„..„ ..,.. ,,,,,.:, . ___ .„.....,... .....„. , ,,,:,„..,_....,,, ,„ ,:,,,.\10.-4:ibt,.. \ '• s s, — , , • 4....69# ..:".:ti& ,/ ' itt\ • (I, V: - ) g ,t \, .1-�I //':' - / e. ` f-.`♦fi t .._,1(9; , lor„ , 1 I I fa I,t.,1 .4%,4pp i i 1 00:1,e,r,... dr. It ill OP a 6,f. A,(I., i ,,i ,,,,,,i,.,*,, ,• ......,.. ... ,-- 4?)„ ..„ 6. ____-:— ,A.,.,-...., ,......,, .: , , iiI . ,i,,,.: , ,, , -- .-- f.to -i,,,oriz4 x- iii \..,..4 --.=.-..4.4.-31"i -" ks,,,:,10::: ,„,‘ -, ,-,/, -40,,,,, ,, i ,0 ..-- ;o AI, , , \ . -4 tii_ -I,; r.I eAr : S::::.. 7.';'„ -,1---:__ , r ...„/ ,..0.7 . ... ; 15 — ------- 11-- . / 4 ... ..b 4:g..1. r I tii , if" , /- I ( 16 lit_*;. ? s f)% ,% •." . / . • _ oil- 'I res? •- �` • tl! Ioffili , . 4' , ilr 1 • a J 1fait :s . t r I t E ;� r . t sv�1 )•' '' , % 0,1 . . s. . ,.., ♦ W k ‘911i ... a �; .. :MO ( '--- .- oc-1:0., \ /\\_ I( ;hull cg \ \\\\\ .\t ` ,,, / \\ _�,�\ �`- \\ It? / �` ` -------, 1, ‘" , 1---7-/---,. e b ,\ , _ , 4 - i'v. / \'�� } ' \ 1 `. . ` 1111, (1.� w / `� • /412) „,, i 'a,\*• :s‘s::s.Z1 2: 1 1; • 1 1 ! / 1 1 •\ 1 .\I . ► l s. _=sr.—rrs—r�-=_ =rr: rZ —• -a--= =—..— —:-- — 1 1 s. i • • 1 1 I i F C) C5c) ----- CZ5-%, 1 \`\ ` • - -- ��- \' ; 1'• •11 { i I 1 1\1• 11• / Il1 ♦ _2 / 1 111 II • \ \ ,„ ,. \ • li At -. t \ ; ,. l 1 Ilks \ I i I 1 a lob O — I.— II I. I 1 Till _ • • ________.—.... — ___ ___ __._._ ____ ___,,___.______, ,Lci..„_______„„_._.____,___._.,.,,,_. ..,. __.,. . _ _,. .__._.___._______._...b._„,___ ... ____ ,_.__ ,•' .t- —' 1 —_ ._ —rz7 ------ -'----; --- -- - ti `I \ `\,a , }'•.1 •\\♦• `- •i� � iJ_�� / •i ski'., •/ • - _ '�5�-- - ♦\I♦, 1 1 1\1 1♦ice c'�} _ --=ij.`-♦`\� -= -i J •'•/--'/w, •/�' /, _ ♦� / ;, , 4-\—`— fff�� Y '=-• - ' -�� •••:.— .. . kip ' f `•4.\ , ` 'ttY -s it I. /--.. '\ --% \ l\'♦ voffe."-i/.000,17 _y'�.-- - M'I','eW �.��:.•.,,,•,,11.• f _ - H , .1!; - a. , \`\�,__ 0.0 it -iY- , iN ' r ; I • \``�.:'— -!- - Ill / 11 •• as 7> - �\ — ,I' 1:-...... \ • \ ... 1 1 ., ,,i iii:e..,11.1 ,, \ '- %, , I . - 1 ‘`; I:\ ••\ ' 11,• \ :‘ iii . ,, • -.. — = ..... l\ \ l ..,.. .. _._ O - r 1t r T : ifliiiiil ! , # 11fff iii PI - - . , Ilia 11 g. ■ . ; . . . . - s ! ! l illi[ — igh is .„ , ,, , , . iholdiiii ! . . . ! ! ., 1 0, ti ki 01 to it Ii ititiiitiii ! liti s i Tr Q li111 ilii Ilii(( fe 771I — I M II 1 � ►1H I gi ti isasr — +a 0 �i �4= 11I 'I l=ii ! It I 1 ; — �� wir n 4 ra jiff = i t I fl , r {1 J,w 'lc ' � '--,rte I $ ii ,�j1 IT ; ii t a, I y �� 1I ,•0 [ — v! .It ,, 4--...:: C C -S.i a1' fit fil . id f fLL r 11: 1:lit 0 l• /I I g f1 ! g °A '' \ p� 1f i f !0 0t, [, 0-‘11 il! 1111 �. 111 i. i f� IE I. »\ t ' E - r= R- re P.r. Midi l it i!i ` �;[ r i 7 1l i , .. _,. . i _. $11i. ::1111b : i W .0 :vs --dm , ,. •Jr. XI n i -.. 0 v —!1 i 0 I .� ts,. _ _11 i ILI! WI 1 Plownlinitco-44474. \ 49 • lili - - J al ,gi p► i 4 a, --, "�li - '•Imo. _,.„4,...n o , tiihillia lifilw � ,�� It i � ��dD� �© jrAll' i1'Jkr — 4 .►a piluuDmorl 1111 il Wig! mil - •0 It ,, - . \ • _ _ / _ Di •�. / , s ‘ 1' - '\‘:51.1g3kCItCZ‘.• V.,, 1 11 \\‘‘‘\ -.i 1 .c ••• . •\ ' ‘,1/4 \ � % • sjC T! . • r•tt l• %1 \ \ .- \ ,3 • ' S--__� .-t ' 1 It 11 I 1• :\ 1 \= \` a • 1 i • \. % '' ' : •I N, N... ,.. z.., L. \.`, \. 1.\\ \Y .+ .� "` a `t`.�N. �` ` 1 \\At,. ...... ..,..:-.,..„:„..;.:..-:::::::-...t. ‘kclit %\ I/ __ _ _-___ ......,,..,, _v,,V . - . \,..st, ...‘.., ,.. .,,_ --v-_--_- _ '•,,.-::::.---:kr;;;.....Zki:..,4,..: __--.---- I i / / ,,�, r ` �! _�\♦n.s::�` —` it .. ^• -1�� `♦\\`\�•� , '•''', � •S\�� -//.4).-__-•-�� ......„?..-s.:-...-- ----.� �� , l r i1�1,1�lll'`l jll 1 C % „.7 .+ `s/ . 1 ` •1 , ••j A\ ,l `........ 1. �,-�� -1/7/11117 it /!/ i I'•;:%','• /i l'_ ,..' ,1 r •V Nom. / �• ' • 1 /J 11 JI !i/./! / 4.„ ,..7..,........ ..,......... ._.-�� • \ 1 —7"{,- . / j 1,0i 1/fin,' / . , al • ‘,.....&,, .,. , ,',„ \`• �} 5, 1 . • ,J; ; ,�/,//'I/ !�l/ /! r -`-' / / „...:4,.., / ,e' 'F ``��,. T\. •1�� ''1 -/',-moi/' - '41‘ � ./ / • - •i }' '�.//�/ • • ♦•� • / �� /. /,/ -ma y 1 / /1 //� • I 'if . t r I / ' , /...--21-...-::. li -, ,9,,,,,„./.: , ....„..., .... ,,,....., , , , . „....... „„ ., . . _..t. , , __. !, , II 'j 'C..-� - iii-iii ,n • ��..t^` ..,// / / - :it,'--.. -' \ 44, `. ''... --i. -..-- - , . ... I ., t......;,.,117.-s, l ss...;,,s\ ,logr.• .♦,``�; -- 1 •_•,_-,-_-,.0_/..-,. ,,c;i'//1I,/ '..,, - j:�i'ii%• - 'moi _ 1 ,,•.•.•\_ •-1/4/\...,%•,,-,'\', :-.;/P.=;•-.,-7..--._. - k 1.-,'..1.......l, `\_ , .--0-_4-- I 1\ %'1!' `,1 .,,. R g_ , ,. y i 1 1 ..1► ^ 1 1 • 1 • ,""-•_„;-t-.•-1.-.....,,.;,.'.-..-;.,,s,•,,-,-, , .., 3 1 O,1 /,•, w. 4 / r / .- / `1! j, 1111; 1 11\1,,,11111, I,' :-_ /,; - .;'''' / ' ;'' -� -- I \ 7 1111 1 1 ..!l 1 1,1--cIr . , r 11 ,1 1 r 1 ,.••:'-��f l-�_ _s i, .V-. ,/e'.,•- / f. // /Ir// 1 `` 1111111 '`1' II .. n ; itt , /, r iii r ' •� /II `♦\ 1 -:'•/ • ill _ '•-•-•, 5 - lot zi a - . 1 1 •„__..., I / , • „ lit 1 , . .P V.C.M..., LIT ' I la I I i I I I I I I I I 1 I I ♦1011.0 I I I I I •±v5 ———— — 9t cr- _ fr Ab // Q"wv44" \ I 0 Q . / � els ,/ *i* ©oao©#r 11 om s op • • 4:040dEtio /,/ diar , /� wik,r4O ,/ v n \4S S walk, Amy N. , I\ v a mom►- , #4,00rkJ ' w ties � p► ftaix �• •I4 eIII#pv 41111$ . . \ 1 / A , , . • _. _ . . . .. \ t , . , 2 ` �,‘�� ., t 1 l\ \ 1l1 ,. \ ... ....L.1 il r \ ��111' � ';'\ `\\ ' \`\ 1\ `, --\ , ,.. ! . , A, , vo‘ wi. ‘ ., \..... , .... i.f,..,.., ., t, , ,... , . , . w , , ...., . . ", t vi --, ... \\.\ \ \\ Z." 5 i 1 0, -,_ . , --„,----....„ . • : AgiOisto: \ t I\VI", , 111:`,., ieNN, ,-.:-,'', \ I /` tib, ,-..„\\, \ ♦ \♦,,\`:\ �� tI \ ‘ ' \/moi .. \� ' ♦` `" - �`q\�1 • lam' 0 '.\ n Z`-`:z z% `\. s :# ''Z 1:Z1:1 5.".:::::: ::::Z1 S Z ‘...,, 'N 7 ' `� � h -. �\ '� / `��\��\\\\\, - I iii / lob\ / \,,K,. / '/ / y - �� ) r f r j � li�ri1/`' r 1 r / • \ �L� 4 �64* It %♦ - ' W � /\ r /i+ I/11/11 ifilt / / i if\ '..C.-- dt 011 firilm-11---aub,____ it,a-V ' '. i,',",' 13 • 1 i i� ,;Y - Ir=--� i— ',aril r! r, ,. •,' � /rte .;;,e%''''' -i- • sl:,♦`: ` I \ '�-- �a� ` /� r 1 1 �'-; \difiii �. 114 ihiI I. ,i 3--,\/....,,,i 71 i k :, ,,,: 1' ,.,� � �--� x' yid//1111171/ /��; � � �� ,... _ - ;•;. -.7.: ____,-- - ,,„;.:t.,.- , e'eA ,/ pi'\*1\11 Aer. \„.. _ .) %, es1.),... , .. ‘..'r• '4 :1, _544(49' ,," ... /,1111, Vta , • 1 --V ‘, %;‘,„ .................-- , •„;,, _ ...A. $9,-(4. -„/". „,...,...._-_-_1 t .10 ,1 ,,..____,1 ,, Li ,, :„..s, . /I/ 1`,';•.• , i •.- , //./7 ,r 3......___..----______,..1.11 itslf4 \ -.i I V • • 11r A �i,'.'r'001 ", • - .•ir'- 1 i1 T rrr;1 is • • / „,„„ -- -- I &,,%Arsi...,..// II 1 1 1 ' 1 �d r r \‘\,.ti I \ 11 Ir r r ‘it, :7:.-1-1--_---= �'`i-- `moi / /� ' � l ,�r�tI ..„,/ +� 11 Ir !, .lam-'1,�I I 4-Y, ` ,,, ,„ �' I r r Ili .// " •. I 1+ + it I I i //,/,./• , i , c. \I ii I' ; 1 I t NV 1 s ,r- iii _ • .,.. .N.., ' 0 ' . eta of i'— — 0 .1 • — _ g 1 I i ------ - 1 1 i))t 2 ..-.. il e s — tie /_ ------�`` / ._ ' 'i ''''''__``\ ```` �/ -...-•-•----.7---=;^i=,i t 1 ' , , A / t t 1_, s* t I i. 1` 1 1 ,, f • rCI ,; — — , ; I s • ,— — - i'l ` -- 1 1 — ' ill 0 31 1 Li/i' IV! 1 I , ,,, t t ; I t Aitt\ \:\ 111` — _ _ - 1 i' \.. it /i�'i/� ti \ �a /" .,/1k 11j I,1'flrr / \ , 1. rt,f;II;, - 11 (1,:11,/ ; I. 1,.11111 1: / /; 1 N, 1 1 __ J 1 X11 -- - \ � ' / - --lte .Z- \ 1 �/y •L'11• ; • -.-- .1 ,.:!, . ,ur r _ I1 i 1 1 :„ L „. 1 1 1 1 ______ .____._ „, _____ ,,, ,__._.J I -1z-__=__ __-_===.-._-=-__---7.--____—_-----__________—___—__ _ 1, r! � /� ;—______\/,____—._I=-= �> I ;_ _', _• % >S; �� -- //I ' 'iii �:�� +.___- _:_- • tl\ilg :1...;...h i ,47 7s::>.. '' ' ‘. 1.ikr Ili . i, • _.fir' ' - 1 tAlliani:'••'k W..." -'''' '• ':-ft k *NV 1\ ‘1111111111(.',IMP 7 - Ik...f 1::‘, r:-:. ) ../i, Ili).).>' .' '-, - 1E ii - ' • 0'1- 4, i., ,,ttr._.....,, • .., ,,..... .,...-.... 40001111---_14--- Ii1C''—............. . ...: - c vii '� pi` -. --. , x .1.-0' "010 �'� 7 . .., svi,.,... It .,.ok. 1 ,. •_ .•.1 .. , ,,,- :!,. _...--...eviv,..15..H , -iii0elit v..." ..00' iiificc011r ---7 \, ;,>•,%41-- -sirA_ ItI46112: 00' ./-7,- __".- ss ,;-N.--- _ ,,,„ „.0 w --......,,,,Awf—cp, ,v-, lii \ \\\\ G i / I '1 \ / ,i_ \ -__ _,~`,\ / / lir 1 I'- , ': -- i 1 i •• • , ' f ; ., Ai:4...2W l r• . , S O \ , •O Z , • \ ` • elI \ \ \ \\ ..11111IINNN„ I i 1 I 11, ` f \\ 1 it ----- C \ \_`ice♦, '",,rli;f:f:• Ii; / /j / ``♦` '`��`` 140•\\\ �` ts hi 1 / it / \ c ........kz_.,- -{...:) ! „,1„ ,. / ` I s.„ s N i 1.,N,1/4f,-"::::/,1/4,..r.T.? //6::::) ----.7..ft....., . . •.:•‘,,' ........._214, ....,4,:,,,,,,I, il 1i!!!IPlIIIIIII : 1 it , sLli 11 „ „ IF C) 0 c1:1 ♦ -----' - ' ' ,'1 r I I � ,. `. � ` ••••s. `` :// \ i i \ / I 16 wr I ) ‘r•-• � e 1 . i:**-1;1 Hil Ilk li - — 1 C I TY 0 F PC DATE: 3/17/93 CHANHASEI CC DATE: 4/12/93 , CASE #: 87-3 PUD By: Olsen/v STAFF REPORT PROPOSAL: Preliminary plat and site plan to create 27 townhome units on 4.5 acres of I property zoned PUD-R Z — (0 LOCATION: Northeast corner of Powers Boulevard (CR 17) and Lake Susan Hills Drive J APPLICANT: Jasper Development — Q 235 W. 1st Street Waconia, MN 55387 PRESENT ZONING: PUD-R, Planned Unit Development Residential ACREAGE: 4.6 acres DENSITY: 5.9 units/acre ADJACENT ZONING Q AND LAND USE: N - IOP; Lake Susan Park S - PUD-R; outlot for medium density, Lake Susan Hills PUD d E - PUD-R; single family lots, Lake Susan Hills PUD W - PUD-R; outlot for high density, Lake Susan Hills PUD W WATER AND SEWER: Water and sewer are available to the site. T_ ~ PHYSICAL CHARACTER.: The site has sparse vegetation and topography which goes down to the north. 2000 LAND USE PLAN: Medium Density • uvut-L r..l,✓ t.-.: c ------ ii - ...-- . ,,,c1- - --... LL7-.14.7. 1 : �;�.__ �� ROA - 3- "Tie- ,,, - - ..• ,,,iiiiii% '�•- - CSF i� ��--,':-__ ' ftql0i PA6 1 116P-Ik te. . oil •p, • �` • pRIvE 4_ K ) _ t ,4` . • -).0,•,.- :I - W A \I *6°W •, I;,7 r fp _ SUS • 3ir . .: . . PARK c\ 4:04 • , t,f ,.. . _ owo.iomr, 7.1F, imliry.04.-sae- ci .� ��1111►� ` / 0 otivr4P0 -4ty is- as. %.' . 1. its Lig‘1t0 400,' ! e L o , LAKE SUSAN WI — �agiU:ffm �7.111.;6�i� i��11111 oka , ; ‘, .R1 g/ �, , ;Irk 11.7,,4;4°,, ffIa, y 3:16 '-''' ' ° PUD-9...• /7 PARK ..1 ... n :6 TK . i _ _ . ,_ A..`: -....-- -: rim:. Pill 1 Fretvpdve Ft S F .L.__. --P 4 _an we AkTi einWili 10 _ , '� '- j I'iI/_ I. R'E C7 _ ,m" E I T_, F -- I :0JR' E Nem an, 1 1 is, I I d EMI LY M v =11111 k -4,7 ! (-- r... ' ' . ' ast- plJD= QQ BAND/MERE Q� HEIGHTS • P. .t.,., �- BANOIME- -,.._-:,:-_ - -)• COMMON/TY .� i�-_'+ / • PARK ,4, rR 9 .. Sii 0 mamas i Prairie Creek Townhomes Jasper Development March 17, 1993 Page 2 BACKGROUND -- In 1987, the city approved a concept PUD approval for Lake Susan Hills. The PUD permitted up to 411 single family units, created 3 outlots for medium density units and one outlot for high density units (Attachment #1). The single family lots have been platted in 9 additions continuously since PUD approval. The medium and high density outlots have not been developed. A PUD contract, adopted as part of the approval, listed the outlots and their proposed uses. Outlots B (11.3 acres), C (4.4 acres) and D (7.9 acres) were designated for medium density development . The PUD contract stated that the development shall provide a minimum of 23.6 acres of mixed medium density residential units. The total number of dwelling units of mixed medium density residential property shall not exceed 221, or a density greater than 9.3 units/acre. Except as modified by the PUD contract, the development shall be in accordance with the used, standards and requirements of the R-8 Zoning District. The only regulations concerning medium density modified by the PUD contract was that the impervious surface coverage could not exceed certain amounts; Outlot B - 30%c, Outlot C - 31% and Outlot D - 27% and that the density could not be greater than 9.3 units/acre. The R-8 zoning district permits up to 35% hard surface coverage and up to 8 units/acre density. PROPOSAL/SUMMARY The applicant, Jasper Development, is proposing to subdivide Outlot C into 27 townhome units. Outlot C was designated as a medium density site as part of the Lake Susan Hills PUD approval. The townhomes are proposed to be owner occupied and to be located on 27 zero lot line parcels. The townhomes will be serviced by a private drive and the community property will be designated as an outlot and owned and maintained by a homeowners association. Outlot C _ contains 4.6 acres and is serviced by Lake Susan Hills Drive. The property abuts Powers Boulevard (CR 17), but will not receive direct access from this street. The proposed townhomes are attractive and high quality units. The townhomes will be single story with walkouts to the rear. The architecture of the townhomes will be traditional with exterior siding materials of stucco and brick. Each townhome will have its own facade with — different colors of muted, earth tones. A homeowners association will be established to maintain the site and units and enforce their covenants and restrictions. There are two regulations which influence the development of this site--a PUD contract and R-8 zoning district regulations. The PUD contract was recorded as part of the Lake Susan Hills PUD approval (Attachment #1). The PUD contract has specific conditions which must be followed with the development of each phase of the PUD. The PUD contract states that the mixed medium density sites of the PUD, which the subject is, must meet the regulations of the R-8 zoning district, unless otherwise specified in the PUD contract. Within the PUD contract there appears to be a conflict. The PUD contract states that the medium density sites cannot Prairie Creek Townhomes Jasper Development March 17, 1993 — Page 3 exceed 9.3 units/acre and also states that the impervious surface coverage of Outlot C cannot — exceed 31%. It would almost be impossible to reach 9.3 units/acre with an impervious surface coverage of not more than 31%. Throughout the staff reports and Planning Commission/City Council minutes for the original approval, it was stated that 9.3 was the maximum density that the applicant was not guaranteed this density. The proposed 27 units result in a density of 5.9 units/acre. The impervious surface coverage is just over 45% (this does not include the city trail which is going through the property). Therefore, the density is not as high as it could be, but the impervious coverage greatly exceeds the PUD contract and even the R-8 zoning district standards (35%). Staff has explained this situation to the applicant's engineer, but we have not heard back from the applicant. When staff spoke with the engineer we requested that he calculate the following densities, 45%, 40%, 35% and 31(7c and determine the number of units which could be developed with these density parameters. The following are the results of those calculations: 45% - 27 units 40% - 23-24 units 35% - 20-21 units 31% - 17-18 units When staff first reviewed the submittal with the 27 townhome units, we felt that it was too dense — with too little open space. The townhome units that are being proposed are large upscale units which are single level that take up a lot of open space. The 31% maximum impervious surface coverage results in the loss of too many units and this could also be argued for the 35% — maximum. Staff feels the removal of three to four units, bringing the impervious coverage up to 40%, is reasonable. The applicant has not adjusted their plans and has chosen to keep their original submittal to receive comments from the Planning Commission and City Council. Staff will be recommending continuing action on the original plan with 27 units until that three or four units are removed from the site plan, whichever is necessary, to maintain a maximum 40% impervious surface coverage. — Staff has been working with the applicant's engineer on downstream ponding facilities. The City's comprehensive storm water management plan proposes a regional storm water retention — pond of the site within Lake Susan Hills Park. Therefore, it is not necessary for the applicant to provide on-site retention ponds. Some of the residents adjacent to the subject site are concerned about the use of city park land for ponding areas and the potential removal of trees. The city will take existing features into consideration when locating the ponding area. Staff is working with Carver County on the required right-of-way for Powers Boulevard (CR17). — Currently, there is 150' of dedicated right-of-way. Depending upon the final design of the road improvements, 150' may not be necessary. If the desired 4 lane undivided urban section is Prairie Creek Townhomes Jasper Development March 17, 1993 Page 4 chosen, than the right-of-way could possibly be reduced to 120'. This highly impacts the subject site in terms of additional land being converted back to the applicant, thereby reducing the impervious coverage and allowing more room for the required 20' trail easement and 8' wide bituminous trail. Staff is recommending that the Planning Commission and City Council formally request that unnecessary right-of-way be vacated by the County. Similar to the Windmill and Lake Susan Hills 9th subdivisions, it is very tight for the placement of the 20' trail easement and the 8' bituminous trail. The trail and trail easement can be accommodated on the subject site, but if there is excess right-of-way (which may not be vacated), it makes sense to locate the trail within the right-of-way where grading and landscaping of the site makes it difficult to fit in the trail. The proposed landscaping needs to be improved. Staff requested that the applicant provide extensive landscaping and berms to screen the development from Powers Boulevard, Lake Susan Hills Drive and the single family residents east of the site. There should also be increased internal landscaping. The proposed landscaping plan does not meet these requirements. The proposed townhomes will result in a very attractive medium density development. The townhomes appear to be well designed and of high quality. Staff is very much in support of the _ proposed townhome development, but cannot support such a high lot coverage. Therefore, staff is recommending that the Planning Commission table action on the proposal until the applicant submits a revised plan which removes three (3) to four (4) townhome units and does not exceed 40% impervious surface coverage on the basis that the current proposal results in too high of an impervious surface coverage. Should the applicant wish to continue the review process in front of the City Council with the present plan, staff recommends that the Planning Commission pass the application on to the City Council with the recommendation of denial. PRELIMINARY PLAT/SITE PLAN APPROVAL Lots/Density The applicant is proposing to subdivide 4.6 acres of property zoned PUD-R into 27 zero lot line parcels for townhome units. The property is designated by the Comprehensive Plan as Medium Density (4-8 Units/Acre). The subject site is Outlot C from the Lake Susan Hills PUD and was created as a mixed medium density site. The PUD contract for Lake Susan Hills PUD stated that the mixed medium density sites (there are three such outlots, B, C and D) could overall not exceed a density of 9.3 units/acre, and specifically, Outlot C (subject site) could not exceed 31% impervious surface coverage. The proposed 27 lots are located in clusters of three and four. The lot sizes are as follows: Prairie Creek Townhomes Jasper Development March 17, 1993 Page 5 Lots 1, 4, 5, 7, 8, 10, 11, 14, 15, 17, 18, 21, 22, 24, 25 and 27 - 3,010 square feet. _ Lots 2, 3, 6, 9, 12, 13, 16, 19, 20, 23 and 26 - 2,940 square feet. The gross floor area of each unit is 3,200 square feet. The townhome lots are located within a larger community owned parcel, shown as Lot 28 on the preliminary plat. Lot 28 contains the private drive and open space. Staff is recommending that Lot 28 be changed to Outlot A. This — is consistent with any community property which will be owned and maintained by a homeowners association. Also, if it is an outlot, it is clear to all that it can never be developed. The density of the site is 5.9 units/acre (gross). Since it is a townhome development with private drives and mutual open space, the density calculated was gross density, rather than the typical net density. The impervious surface coverage of the site is at 45%, not including the public 8' — bituminous trail. The PUD contract stated that the density could not exceed 9.3 units/acre and that the impervious surface coverage could not exceed 31%. As stated previously, a compromise should be made to allow increased density over the 31% and under 45%. The proposal with 27 — units is too dense. The site plan contains very little open space after the area for the townhome units, private drive and trail are removed. The site is so tight that there is not enough area to locate the type and amount of berming/landscaping which is required. The applicant has stated that they would have to lose up to 10 units to meet the 31% impervious surface coverage. Staff has stated that we would support increasing the impervious surface coverage to 40% with the removal of 3-4 townhome units, but that we would recommend denial of the current plan with 27 townhome units and 45% impervious surface coverage. Removing 3-4 townhome units will result in a density of 5.2 - 5 units/acre. If the percentage of impervious surface coverage is permitted to be increased, the PUD contract shall have to be amended to allow the impervious surface coverage of Outlot C to be 40%. The townhouse units are maintaining a 25' setback from Powers Boulevard, Lake Susan Hills Drive and the existing single family lots to the east (which are part of the Lake Susan Hills PUD). The 25' setback is from the R-8 zoning regulations which the PUD contract states to _ follow unless otherwise amended. There are no internal setbacks since the site is serviced internally by a private drive. Architecture The townhomes are proposed to be single story at the front elevation with walkouts to the rear. — The townhomes are expected to house 2-3 persons. Each unit will have a 2 car garage with 2 exterior stalls in the front of each garage. The architecture of the townhomes will be traditional with exterior siding materials of stucco and brick. They are attractive and high quality units. — Exterior trim will be cedar. The applicant has stated that each townhome is given its own distinctive facade by the use of bay windows, shutters,porches, beams and brackets, garage door Prairie Creek Townhomes — Jasper Development March 17, 1993 Page 6 treatments, etc. Color selection of stucco, brick and trim will change from unit to unit. Colors will be muted, earth tones. A homeowners association will be established and a Declaration of Covenants and Restrictions will be adopted (attached). Grading and Drainage The site is currently used for agricultural purposes and is pretty much devoid of trees. The site drains northeasterly towards Lake Susan Hills Park through overland drainageways. The grading plan proposes, for the most part, to maintain the existing drainage pattern. Based on proposed contours, the majority of the site will be filled except for the southwesterly corner. The easterly portion of the site (Lots 1 through 10) is proposed to be filled with 5 to 8 feet of material to facilitate walkout-type buildings and avoid the high water table in the area. The existing storm sewer system which runs along the east side of the property is proposed to be extended into the City park property (Outlot C) north of the subdivision. In addition, the applicant proposes to extend storm sewer from this existing system into the development to convey surface runoff from the proposed service drive and building pads. The proposed roadway system throughout this development is considered to be private and therefore will not be maintained by the City. The proposed storm sewer extension on the easterly side of the development, however, will be considered a public improvement since it conveys storm water runoff from the upper part of the Watershed south of Lake Susan Hills Drive. Therefore, detailed construction plans along with storm sewer calculations for a 10-year storm event should be supplied to the City Engineer for review and approval. An existing drainage system underneath Powers Boulevard also drains through the parcel. The grading plans propose on realigning the existing drainageway outside the development into a ditch along Powers Boulevard (County Road 17) to convey runoff from the culvert underneath Powers Boulevard. The applicant should be aware that all work within Powers Boulevard right- _ of-way will require approval and a permit by the Carver County Highway Department. Staff has been working with the applicant's engineer on downstream ponding facilities. The City's comprehensive storm water management plan proposes a regional storm water retention pond north of the site within Lake Susan Hills Park. Therefore, it is not necessary for the applicant to provide on-site retention ponds. In lieu of the on-site ponding requirement, it is recommended the applicant pay a cash contribution into the City's storm water management plan. The City's storm water consultant, Bonestroo & Associates, will determine the cash contribution based on contributing drainage areas and land use. Even though staff is not recommending on- - site retention ponds, we do feel it is necessary to provide for an interim sedimentation pond at the downstream discharge point of the storm sewer. According to Bonestroo & Associates, a 0.30 to 0.50 acre/feet sediment pond should be constructed until permanent ponding facilities are Prairie Creek Townhomes Jasper Development March 17, 1993 — Page 7 constructed downstream. Todd Hoffman, Park and Recreation Director, is open to the idea of — using the park property on an interim basis. Erosion control (silt fence) is proposed around the perimeter of the site. The plans also propose — a temporary rock construction entrance to minimize tracking material off site. Staff also recommends implementing the City's Best Management Practice Handbook for site restoration and additional erosion control measures during the construction process. — Utilities Municipal sanitary sewer service and water service is available from Lake Susan Hills Drive located near the easterly entrance to the site. Both sanitary sewer and water service appears to be adequately sized to service this development. The applicant is proposing to loop the watermain system and reconnect to Lake Susan Hills Drive near Powers Boulevard. In an effort to limit disruption to Lake Susan Hills Drive, it is recommended that the applicant connect on to the existing fire hydrant lead and the hydrant relocated to eliminate cutting into Lake Susan — Hills Drive. Specific design modifications such as this will be addressed during the plan and specification review process. Utilities throughout the development will be considered private utilities and not maintained by the City. Since the utility improvements are directly related to the City's overall infrastructure, detailed construction plans of the utility improvements should be submitted to the City for review — and approval. All utility construction should be in accordance with the City's 1993 edition of Standard Specifications and Detail Plates. Since a majority of the utilities will be private, the _ City's Building Department will be overseeing the inspection responsibilities. As-built construction plans will be required upon completion of the utility installation. Streets The proposed street system is fairly well laid out. The site plan proposes a 24-foot wide two- — lane service drive with concrete curb and gutter to serve as access to the individual townhome sites. The road proposes two access points onto Lake Susan Hills Drive. The street system is not being dedicated as a public street and therefore will not be maintained by the City. A cross- — access easement should be granted to all of the lot to guarantee access through the private street. Both access points on Lake Susan Hills Drive will intersect an existing concrete sidewalk. It is recommended that pedestrian ramps be installed at both access points to facilitate pedestrian and — bicycle traffic across the curb cuts. The site plan also proposes an 8-foot wide walkway within a proposed 20-foot wide walkway easement adjacent to Powers Boulevard. The walkway should be constructed in accordance to the City's typical 8-foot wide bituminous trail section. Staff is — recommending that the city petition Carver County to vacate any unnecessary right-of-way along Powers Boulevard (CR 17). Prairie Creek Townhomes Jasper Development March 17, 1993 Page 8 Street lighting and parking in and around this development may be of concern. Since the streets are only 24 feet wide, most likely the Fire Marshal will impose "No Parking - Fire Lane" on the interior streets. Thus, staff foresees potential parking problems along Lake Susan Hills Drive. Therefore, parking should be restricted along Lake Susan Hills Drive. The plans do not indicate provisions for street lighting. A street lighting plan should be prepared for staff review and approval. Since the site will include public improvements such as driveway aprons, bituminous trail and _ storm sewers, it is recommended that the applicant enter into a development contract and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. The applicant is providing 2 enclosed and 2 exterior parking spaces/unit. This exceeds what is required by the City Code. The City Code requires two parking stalls, 11/2 which shall be enclosed. Since the units are serviced by a 24' wide private drive, there will be signage for no parking over most of the private drive(see Fire Marshall memo). Therefore, on street parking will not be possible. Staff is recommending that the applicant provide visitor parking in the amount of 1 visitor parking space/6 units. Landscaping The applicant has provided a landscape plan which proposes landscaping on all exterior sides of the outlot and for each townhouse unit. In reviewing the grading plan, no berming is being provided along the exteriors. The applicant has used the suggested trees from the city's landscaping list (white oaks, sugar maple and american linden). The proposed landscaping is a good start. but definitely needs to be increased. Staff understands the area is tight between the townhouses and Powers Boulevard with the trail and trail easement, but berming must be added where possible and additional landscaping must be added. The landscaping along Lake Susan Hills Drive should be clustered more with berming and smaller landscaping. Also, all of the overstory trees along Lake Susan Hills Drive are American Linden, which is a preferred tree, but the applicant may want to replace some of these or add to the plan with the Sugar Maple/White Oak. The landscaping along the existing single family lots to the east needs to be increased. The topography is such that berming will not do too much in the form of screening. The applicant has stated that they could work with the residents to the east with the possibility of providing landscaping on their property. In either case, the landscaping needs to be expanded PARK AND RECREATION As part of the whole Lake Susan Hills PUD, a significant amount of park land was dedicated to the city and trails were to be developed by the applicant. Therefore, the PUD contract requires no trail fees and 1/ park fees. The applicant shall have to provide a 20' trail easement and Prairie Creek Townhomes Jasper Development March 17, 1993 _ Page 9 construct an 8' wide bituminous trail, and the park fees will have to be paid at time of building _ permit. No park land will be required with this proposal. RECOMMENDATION _ Staff is recommending that the Planning Commission table action on the current proposal of 27 townhome units, until the applicant submits a revised plat reducing the number of townhome _ units from 27 to either 24 or 23, whichever is necessary to reduce the impervious surface to 40%. The following conditions will be made part of approval with the revised plans: — 1. Change Lot 28, Block 1 to Outlot A. 2. Amend the PUD Contract to state the impervious surface coverage of the site cannot exceed 40%. 3. The city shall petition Carver County to vacate any unnecessary right-of-way along Powers Boulevard (CR 17). 4. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached narrative. 5. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. 6. The proposed walkway along Powers Boulevard shall be constructed in accordance to the City's typical 8-foot wide bituminous trail standards. 7. The applicant shall supply detailed storm sewer calculations for a 10-year storm event for the City Engineer to review and approve. 8. The applicant shall supply detailed construction plans for sanitary sewer,watermain, street access points and storm sewer improvements for the City to review and approve. All utility improvements shall be constructed in accordance with the City's 1993 Standard Specifications and Detail Plates. 9. The applicant shall construct an interim sedimentation basin at the storm sewer discharge point (Outlot C). The basin shall be sized based on contributing area and land use, approximately 0.30 to 0.50 acre/feet in size. In addition, the applicant shall pay a cash contribution into the City's storm water management program in lieu of constructing a Prairie Creek Townhomes Jasper Development _ March 17, 1993 Page 10 _ retention pond on site for water quality purposes. The City's surface water management consultant, Bonestroo & Associates, will determine the cash contribution amount. — 10. The applicant shall be responsible for obtaining and complying with all necessary permits such as MWCC, Health Department, Watershed District, PCA and Carver County Highway Department. 11. Parking shall be prohibited along Lake Susan Hills Drive adjacent to this development. The City will proceed in preparing a resolution restricting parking along Lake Susan Hills — Drive. 12. The applicant should submit a street lighting plan for staff review and approval. 13. The applicant shall incorporate the City's Best Management Practice Handbook for site restoration and additional erosion control measures during the construction process. 14. A cross-access easement should be conveyed to all the lots for use of the private street. 15. The revised site plan shall provide 1 visitor parking space/6 units. 16. The applicant shall submit a revised landscaping which provides the following: a. Additional landscaping and berming along Powers Boulevard (CR 17), Lake Susan Hills and the easterly lot lines. — b. Sugar Maple and/or White Oak shall be added to the landscaping along Lake Susan Hills. 17. Fire Marshal conditions: a. The marking of fire lane on private and public property shall be designated and approved by the Fire Chief. Pursuant to 1988 UFC Sec. 10.207(w). See site plan submitted by Fire Marshal for exact location. b. "No Parking Fire Lane" signs shall be installed as per indicated on submitted site — plan. Pursuant to Chanhassen City Policy #06-1991 (copy enclosed). c. A 10 foot clear space shall be maintained around fire hydrants, i.e. NSP — transformers, telephone, cable boxes, all landscape trees and shrubs. Pursuant to Chanhassen City Ordinance. Prairie Creek Townhomes Jasper Development March 17, 1993 Page 11 d. Submit a Fire Marshal approved "Pre-Fire Plan". Pursuant to Chanhassen City — Policy #07-1991 (copy enclosed). e. Add and/or relocate fire hydrants as indicated on submitted site. Pursuant to 1988 ` UFC Division 3. f. Fire apparatus access road shall be designed, built and maintained before and during construction of the townhouse units. The driving surface must meet Chanhassen Engineering specs. Pursuant to 1988 UFC 10.207(f). — g. Premise identification Policy #29-1992 (copy enclosed). 18. Building Official conditions: a. Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan prior to final plat approval. b. Submit details on corrected pads including compaction tests,limits of the pads and _. elevations of excavations to the Inspections Division. A general soils report for the development should also be submitted to the Inspections Division. This must be done prior to issuance of building permits. c. Adjust property lines, building sizes, wall openings or a combination of all three to comply with the building code prior to final plat approval. — d. Provide easements for driveways and private roads to a public way prior to final plat approval. — e. Submit proposed street name(s) for review prior to final plat approval. ATTACHMENTS 1. Concept PUD. — 2. PUD Contract. 3. Narrative from the Applicant. 4. Memo from Dave Hempel dated March 2, 1993. 5. Memo from Mark Littfin dated March 4, 1993. 6. Memo from Steve Kirchman dated March 3, 1993. 7. Memo from Todd Hoffman dated March 11, 1993. 8. Letter from Carver County dated March 4, 1993. 9. Covenants and Restrictions. _ 10. Development Review Application. 11. Reduced Copies of Plans. F: .. • � • ...-•• =‘t°,6.14 I r3 i T 114 ., .riCZe 0::...,...,i �Fi� J • r� Om` / / CITY Pp ..-t. _ \ OUT LOT .A 4111 ti', 1•'C.•• DEUO1Tv ��//J� ¢ztioe•r•,ti OO //�W Q.I L <D74 1::464) S e�de�� I .....2...11.ssac • 11 outUo_T G / vine,* / a ...t- S • ,..1 d 3 rJ. l oPr..•a- / -bait e � 4 / . - OO O 411 U +..c, a 1117411 . ..il \L.... a 4 Me ' ,,,,,z„..„7-. 7;..,..,.... a .fts. ______. o ©a10 P a ,, , Lew A, L • ,..,.....r,": ea O �� a ee camow) T 12 ®IMI� %/1/rP W • X12%; :,,• •l a a� � e . ;..- .; .�v ABE ill b&NW. vm a 40m,Q s,� • c.lo,•� 11 ZA.C. Ch.frlerr I-1• 1 , i , \ ' litivelpin • isktto. 411 lug ,ff.Iliiip co Or i i 1 I/ I. 1 so1 .•o a ,6 40 W. , • ithro.. .• _ Hi. . .. A Veer , 444wik. as emir RfirAf4 „ _ in 0..... ... ,n//,' 3, 1311• 1glAISZ*4P " , � le 4\ e . � a �ees map.a� �, �.r , III/0j 1r .... / i , F� ova X15... , , if ./ ��a• 0 •S „I" ^Jn— Pu 4.-IcO • 7/ lJ A I —/ I.1 It1.4 CL \ 0 4 V tI1.I am.uu ISIS tM•1 1LLU nrT'•. `�. �` J/ e 1.1!..1.•iM/ um...-!r Ut mag R./1M 1114 1 \ \ 0 a= r•. .1 M C •.l..1. • /' n. 111•.C. .r..6 Cw'••••C ,• s v i...•....w....... N.....n. . A \ .\ d .µ11n.1114 µ11.c. sin. aaaa •••••••••.............�Ny...»ur 0�` i .•MIC•«••12•21 •1.•.C. M.• ii Smite. , ••• »• •••••• II I I 1 a• •11.111.IIT« •.•T•.1,•r 1.r1.1/J,yl . Y•1._ I �_ ;_?'.-_. c' I ••••...N•.111 1. .y.......I.ry 4.r• 1 I , 7''' lu uC nCRui. r I\ I I � �,� M•w..•.Iµ1 C•no.1111•1•42 II • • 1111 •1111 .m.o.....•1111...! ' ]. L ___,--,_ I I •w'aI.e rllr....I41 aft .I , w L•. .••1µnu Ir•r wM. ....r.N 1..111..r. ...C.r..N..N. LV M0.J �1.V 1 `\.. • '• MK./41•.21.T•1M.•1 ••111114••1••• Il•I La.12./K `J ..• 11 21/11•12 1.••la..•1.•.6.9. 11..2'1. N•.• ..•r.. '..!• .•1•. -I \� .. M'C M'•.•.•.111•1 I••C C• • • •n'•1•.CM m. �.� ATrACH nEtiT I - ti :y PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT, dated November 16, 1987 , between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City") , and LAKE SUSAN HILLS, a Minnesota general partnership, and JAMES A. CURRY and BARBARA CURRY, husband and wife (the "Developer") . 1. Request for Planned Unit Development Approval. The _ Developer has asked the City to approve a Planned Unit Development to be known as "LAKE SUSAN HILLS WEST PUD" (the "Development") on the land legally described on the attached Exhibit "A". 2. Planned Unit Development Concept Approval. The City hereby grants general Concept Plan approval of the plan attached as Exhibit _ "B". Approval is subject to the following: development and final stage approval , a negative declaration of the EAW, compliance with the EAW review findings and compliance with the terms and conditions of this Agreement. Except as modified herein, each plat shall also be subject to the standards of the City's Zoning and Subdivision Ordinances as may be _ amended from time to time. 3 . Density and Use. The following densities are approximate and subject to change: A. Single Family Residential. The total number of single family lots in the development shall not exceed 411. Except as modified herein, single family lots shall be developed in accordance with the uses, standards, and requirements of the RSF Zoning District. r B. Multiple Family (High Density Residential) . The development shall provide a minimum of 21.5 acres of high density — multiple family residential units. The total number of dwellinil3Mlzts-3f NOV 1 9 F287 r11 /16/87 CITY OF CHANNAJSEM — �'� S /q 7 Ak:e4/71GA,7— c- %i high density multiple family residential property shall not exceed 375, or a density greater than 17. 4 units per acre. Except as modified herein, the development of the high density multiple family residential shall be in accordance with the uses, standards, and requirements of the R-12 Zoning District. C. Multiple Family (Mixed Medium Density Residential) . The development shall provide a minimum of 23 .6 acres of mixed medium density residential units. The total number of dwelling units of mixed medium density residential property shall not exceed 221, or a density greater than 9. 3 units per acre. Except as modified herein, the development of the mixed medium density residential shall be in accordance with the uses, standards, and requirements of the R-8 Zoning District. 4 . Parks. The Developer shall dedicate to the City Outlot F (18 . 1 acres) , Outlot G (9 . 8 acres) , Outlot H (3 . 9 acres) , and Outlot E. A credit of 6. 7 acres for park dedication will be given for Outlot E. Unless otherwise required by the City, conveyances of the park land shall be made when the final plat, wherein a park is located, is signed by the City. The land shall be platted as Outlots and transferred to the City by warranty deed. The Developer, at its sole cost, shall grade the land for the City in accordance with a timetable and plans to be furnished by the City. The Developer shall be given a credit of 50% of -' the park fee per dwelling unit in the plat for the conveyance of the above described land to the City. The balance of the park dedication fees shall be paid in cash in an amount and at the time required by City ordinance and policies in effect when final plats are approved. -2- /� 5 • ii 5. Trail and Sidewalk Development. The Developer shall dedicate trails and sidewalks throughout the Development to the City as indicated on the Comprehensive Trail Plan. This dedication satisfies the — City's trail dedication fee requirements. Trails shall be completed at the time street improvements are constructed in the phase where the trails and sidewalks or portions thereof are located. The Developer shall construct the following trails and sidewalks: (1) . Eight (8) foot wide bituminous trail along the west side of Lake Susan. -' (2) . Eight (8) foot wide bituminous off-street trail along the east side of Audobon Road; and an eight (8) foot — wide bituminous off-street trail along the east side of Powers Boulevard. (3) • Five (5) foot wide concrete off-street trail-sidewalk along one side of all internal streets except cul- de-sacs when the streets are constructed. (4) . Twenty (20) foot wide bituminous off-street trail easement on the west side of Powers Boulevard. This trail segment shall only be constructed if ordered by — the City Council. If ordered, the Developer will convey the easement to the City without cost, but the City will pay for the construction. Construction timing will be at the discretion of the City Council . — 6. Additional Conditions of Approval. A. The Developer shall provide buffer areas, acceptable to the City, between multiple family and single family areas to assure — adequate transition between uses, including use of berms, landscaping, and setbacks from lot lines. B. The Developer shall not damage or remove any trees except as indicated on the grading and tree removal plans to be approved by the City and submitted with each plat. Trees shall be protected from destruction by snow fences, flagging, staking, or other similar means during grading and construction. -3- /- aS C. Wetlands Nos. 14-10 and 23-01 as shown in Exhibit "C" shall be preserved in their natural state. D. The following shall be the maximum percentage of allowable impervious surface: Outlot A 32%, Outlot B 30%, Outlot C 31%, and Outlot D 27%. E. The Developer shall provide $500. 00 of landscaping per multiple family unit and $150. 00 per single family unit. 7. Effect of Planned Unit Development Approval. For five (5) years frcm the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development, density, lot size, lot layout, or dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedicating requirements enacted after the date of this Agreement. 8. Phased Development. The Developer shall develop the development in eleven (11) phases in accordance with the EAW. No earth moving or other development shall be done in any phase prior to approval of final plats and development contract for the phase by the City. 9. Compliance with Laws and Regulations. The Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: Subdivision Ordinances, Zoning Ordinances, and Environmental Regulations. The Developer agrees to comply with such laws and regulations. -4- /-5 . L>75 4- iS. s 10 . Variations from Approved Plans. Minor variances from the approved plans may be approved by the City's Planning Director. Substantial departures from the approved plans shall require an amend- — ment to the Planned Unit Development, in accordance with the Chanhassen Zoning Ordinance. 11. License. The Developer hereby grants the City, its agents, employees, and officers a license to enter the plat to inspect the work to be done by the Developer and to perform all work required hereunder — if Developer fails to perform in accordance herewith. 12 . Utility, Pond, and Drainage Easements. The Developer shall dedicate to the City at the time of final plat approvals utility, drainage, and ponding easements located within the plat, including access, as required to serve the plat. 13 . Responsibility for Costs. A. The Developer shall hold the City, its officers, — agents, and employees harmless from claims by the Developer and third parties, including, but not limited to, lot purchasers, other property owners, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting from approval of the Agreement, the development, final plats, plans and specifications, and — from the resulting construction and development. The Developer shall indemnify the City, its officers, agents, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims. B. The Developer shall reimburse the City for costs — incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. The Developer shall pay in full all - -5- bills submitted to it by the City for such reimbursements within sixty (60) days after receipt. If the bills are not paid on time, the City may halt all development work until the bills are paid in full . Bills not paid within sixty (60) days shall be subject to an eight (8%) percent per annum interest charge. 14 . Miscellaneous. A. Breach of any material term of this Agreement by the Developer shall be grounds for denial of building permits, plats, and certificates of occupancy. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the Final Development Plan shall thereby be revoked. C. The action or inaction of any party shall not consti- tute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council . Any party's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded in the Carver County Recorder's Office. E. This Agreement shall be liberally construed to protect the public's interest. -6- 7 �S - F. Due to the preliminary nature of many of the exhibits and plans and the timing of the overall Development, addendums to this Agreement may be required to address concerns not specifically set forth herein. G. This Agreement shall be binding upon the parties, their — heirs, successors or assigns, as the case may be. H. The Developer represents to the City that the plat is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the City or another governmental entity or agency determines that a federal or state impact statement or — any other review, permit, or approval is required, the Developer shall prepare or obtain it at its own expense. The Developer shall reimburse the City for all expenses, including staff time and reasonable attorney's fees, that the City may incur in assisting in preparation. 15. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by certified or registered mail at the following address: 7600 Parklawn Avenue, Edina, Minnesota 55435. Notices to the City shall be in writing and shall be either hand delivered to the City Clerk or mailed to the City by certified or registered mail in care of the City Clerk at the following address: P.O. Box 147, 690 Coulter Drive, Chanhassen, Minnesota 55317. — IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF CHANHASSEN BY: Thomas L. Hamilton, Mayor BY: Don Ashworth, City Manager LAKE SUSAN HILLS BY: `.1117) , A partner JAMES A. CURRY 5e(A�2/ - cL 1 BARBARA CURRY 0 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1987 , by Thomas L. Hamilton, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) �/ ( ss. — COUNTY OF�.�;;', -/f1'.c._ ) (TThe foregoing instrument was acknowledged before me this / — — day of ,�.. :,;/• : 1987 , by •:7 �, ;i-��»<< w , a /� partner of Lake Susan Hills, a Minnesota general partnership onits behalf. / � • `''�_.. BARBARA FISHER ` NOTARY PUBLIC NOTARY — MiNr.CSOTA HENNc?IN r;CLii‘!TY � ...•• hi COmmiS�ion phos J.JW 10 1:T2 _ -8- - STATE OF MINNESOTA ) l " ( ss. - COUNTY OF '�*...�.� , ) .., ... ..... . .. .... The foregoing instrument was acknowledged before me this I _ day of 1�tet ,,h�.,: , 1987, by JAMES A. CURRY and BARBARA CURRY, husband and wife. 11 A R.Al2j44^ i; / 7OTARY PUBLIC DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. _ 403 Norwest Bank Building 161 North Concord Exchange South St. Paul , MN 55075 (612) 455-1661 OWNER/DEVELOPER Jasper Development 235 West 1st Street Waconia, MN 55387 _ 442-5611 SURVEYOR/ENGINEER RENDER & ASSOCIATES, INC. Narrative for Prairie Creek Prairie Creek will be a 27 lot single family downtime development. Standard Family sizes of 2 to 3 people are expected. Each unit will have a 2 car garage with 2 exterior stalls in the front of each garage. The outside parking areas will have a gentle slope flatter than 1:20 and acceptable for use by the handicap. The architecture of Prairie Creek will be traditional with a decidedly European Country character. Exterior siding materials will be stucco and brick. Exterior trim will be cedar. Every effort is made to give each townhouse its own distinctive facade by the use of appropriate architectural features such as bay windows, shutters, porches, beams and brackets, garage door treatments, etc. To further individualize each unit, color selection of stucco, brick and trim will change from unit to unit. Colors will be muted, earth tones. The Sanitary Sewer serves the site from an existing 8" stub in Lake Susan Hills Drive near unit # 25 at an elevation of 897. 1. Location of the stub requires that the majority of the sewer must be installed to serve the southerly units which are expected to be the first ones built. Each unit will be sewered separately with a 4" P.V.C. service. Water service is provided by an 8" stub in Lake Susan Hills Drive near the unit # 25. 6" watermain will be looped through the site tying into the 10" watermain in Lake Susan Hills Drive near the intersection of Powers Blvd. Lake Susan Hills drive will have to be opened up to tie in. 1" copper water services will serve each unit. Hydrants are spaced approximately 300' apart. Storm Sewers will be used on the site to collect the runoff from the street and the front half of the units. The 18" city storm sewer on the northwest corner of the site will be extended down to the northeast corner of the site and be connected to the site. All storm sewer will be RCP. Minor grading will be required within Powers Boulevard. Right-of- Way to direct drainage through this ditch rather than across the site. This must be the first grading done after a sedimentation pond is in place. Additional design work must be done by the City's Consultant on the overall drainage plan to determine if the use of this ditch is temporary or if a storm sewer line is required along Powers Blvd. Permanent Sedimentation ponding is anticipated to be combined with the city's water quality ponding a short distance downstream from this site. The City' s consultant has preliminarily recommended that this ponding be combined with the city's but the drainage study is still incomplete. If AnPCGHm�1\77- 3 this ponding is not in place when this project starts temporary ponding can be located at units 5,6,and 7 in the northeast portion of this site. These details will be worked out with staff prior to final plat. Details on costs and if the developer can construct this off site permanent ponding must be addressed. Grading must take place over the entire site at this time to better balance the excavating and dispose or make use of existing materials due to the relief. The site varies from 892 on the north to 922 on the south. All silt fence and pending must be in place prior to starting grading operations. Topsoil varies from l'to 4' in depth with poorer soils being encountered in the lower part of the site. Soil correction is required 7 ' below existing grade the worst boring — location. Soils cut from the upper part of the site and lower levels of the units will be used as engineered fill in other areas of the development. it is estimated that 11,000 +/- cubic yards of soil will have to be hauled on to this site. Actual quantities will vary depending on soil moisture, working conditions and how much poor soil will be encountered. Grading is expected to start as soon as City & Government approvals can be obtained. Building construction would begin after grading, utility, and Class 5 placement is completed. Buildings will be - built one at a time as sales are made. Buildings are expected to be built in a one to two year span. Temporary seeding and mulching will be placed within two weeks after the Moss grading is complete. Sodding around building will take place as each building is completed. Silt fence will stay in place until final sodding is complete. _ MPCA Health Dept. County and Watershed applications are expected to be submitted within two weeks of preliminary plat approval. Permits are expected within three to five weeks after submittal. CITY of 044CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 •'Ya MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Dave Hempel, Assistant City Engineer IOW...- DATE: March 2, 1993 SUBJ: Review of Prairie Creek Townhomes Located in the Northeast Corner of Powers Boulevard and Lake Susan Hills Drive File No. 93-2 Land Use Review Upon review of the preliminary plat and site plan for Prairie Creek prepared by Rehder & Associates, Inc., I offer the following comments and recommendations: GRADING AND DRAINAGE — The site is currently used for agricultural purposes and is pretty much devoid of trees. The site drains northeasterly towards Lake Susan Hills Park through overland drainageways. The grading plan proposes, for the most part, to maintain the existing drainage pattern. Based — on proposed contours, the majority of the site will be filled except for the southwesterly corner. The easterly portion of the site (Lots 1 through 10) is proposed to be filled with 5 to 8 feet of material to facilitate walkout-type buildings and avoid the high water table in the area. The existing storm sewer system which runs along the east side of the property is proposed to be extended into the City park property (Outlot C) north of the subdivision. In addition, the applicant proposes to extend storm sewer from this existing system into the development to convey surface runoff from the proposed service drive and building pads. The proposed roadway system throughout this development is considered to be private and therefore will not be maintained by the City. The proposed storm sewer extension on the easterly side of the development, however, will be considered a public improvement since it conveys storm water runoff from the upper part of the Watershed south of Lake Susan Hills Drive. Therefore, detail construction plans along with storm sewer calculations for a 10-year storm event should be supplied to the City Engineer for review and approval. to PRINTED ON RECYCLED PAPER ATTACH rn Est,, �* Jo Ann Olsen March 2, 1993 Page 2 An existing drainage system underneath Powers Boulevard also drains through the parcel. The grading plans propose on realigning the existing drainageway outside the development into a ditch along Powers Boulevard (County Road 17) to convey runoff from the culvert underneath Powers Boulevard. The applicant should be aware that all work within Powers Boulevard right-of-way will require approval and a permit by the Carver County Highway — Department. Staff has been working with the applicant's engineer on downstream ponding facilities. The City's comprehensive storm water management plan proposes a regional storm water retention pond north of the site within Lake Susan Hills Park. Therefore, it is not necessary for the applicant to provide on-site retention ponds. In lieu of the on-site ponding requirement, it is recommended the applicant pay a cash contribution into the City's storm water management plan. The City's storm water consultant, Bonestroo & Associates, will determine the cash contribution based on contributing drainage areas and land use. Even though staff is not recommending on-site retention ponds, we do feel it is necessary to provide for an interim sedimentation pond at the downstream discharge point of the storm _ sewer. According to Bonestroo & Associates, a 0.30 to 0.50 acre/feet sediment pond should be constructed until permanent ponding facilities are constructed downstream. Todd Hoffman, Park and Recreation Director, is open to the idea of using the park property on an interim basis. Erosion control (silt fence) is proposed around the perimeter of the site. The plans also propose a temporary rock construction entrance to minimize tracking material off site. Staff also recommends implementing the City's Best Management Practice Handbook for site restoration and additional erosion control measures during the construction process. - UTILITIES Municipal sanitary sewer service and water service is available from Lake Susan Hills Drive located near the easterly entrance to the site. Both sanitary sewer and water service appears to be adequately sized to service this development. The applicant is proposing to loop the watermain system and reconnect to Lake Susan Hills Drive near Powers Boulevard. In an effort to limit disruption to Lake Susan Hills Drive, it is recommended that the applicant connect on to the existing fire hydrant lead and the hydrant relocated to eliminate cutting into Lake Susan Hills Drive. Specific design modifications such as this will be addressed during the plan and specification review process. Utilities throughout the development will be considered private utilities and not maintained by the City. Since the utility improvements are directly related to the City's overall infrastructure, detailed construction plans of the utility improvements should be submitted to the City for review and approval. All utility construction should be in accordance with — Jo Ann Olsen March 2, 1993 Page 3 the City's 1993 edition of Standard Specifications and Detail Plates. Since a majority of the — utilities will be private, the City's Building Department will be overseeing the inspection responsibilities. As-built construction plans will be required upon completion of the utility installation. STREETS — The proposed street system is fairly well laid out. The site plan proposes a 24-foot wide two-lane service drive with concrete curb and gutter to serve as access to the individual townhome sites. The road proposes two access points onto Lake Susan Hills Drive. The street system is not being dedicated as a public street and therefore will not be maintained by the City. A cross-access easement should be granted to all of the lot to guarantee access through the private street. Both access points on Lake Susan Hills Drive will intersect an existing concrete sidewalk. It is recommended that pedestrian ramps be installed at both access points to facilitate pedestrian and bicycle traffic across the curb cuts. The site plan also proposes an 8-foot wide walkway within a proposed 20-foot wide walkway easement adjacent to Powers Boulevard. The walkway should be constructed in accordance to the City's typical 8-foot wide bituminous trail section. Street lighting and parking in and around this development may be of concern. Since the streets are only 24 feet wide, most likely the Fire Marshal will impose "No Parking - Fire Lane" on the interior streets. Thus, staff foresees potential parking problems along Lake Susan Hills Drive. Therefore, parking should be restricted along Lake Susan Hills Drive. The plans do not indicate provisions for street lighting. A street lighting plan should be _ prepared for staff review and approval. Since the site will include public improvements such as driveway aprons, bituminous trail — and storm sewers, it is recommended that the applicant enter into a development contract and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. RECOMMENDED CONDITIONS OF APPROVAL — 1. The applicant shall enter into a development contract with the City and provide a financial security to guarantee installation of the public improvements and compliance with the conditions of approval. 2. The proposed walkway along Powers Boulevard shall be constructed in accordance to the City's typical 8-foot wide bituminous trail standards. Jo Ann Olsen — March 2, 1993 Page 4 3. The applicant shall supply detailed storm sewer calculations for a 10-year storm event for the City Engineer to review and approve. — 4. The applicant shall supply detailed construction plans for sanitary sewer, watermain, street access points and storm sewer improvements for the City to review and — approve. All utility improvements shall be constructed in accordance with the City's 1993 Standard Specifications and Detail Plates. 5. The applicant shall construct an interim sedimentation basin at the storm sewer discharge point (Outlot C). The basin shall be sized based on contributing area and land use, approximately 0.30 to 0.50 acre/feet in size. In addition, the applicant shall — pay a cash contribution into the City's storm water management program in lieu of constructing a retention pond on site for water quality purposes. The City's surface _ water management consultant, Bonestroo & Associates, will determine the cash contribution amount. 6. The applicant shall be responsible for obtaining and complying with all necessary permits such as MWCC, Health Department, Watershed District, PCA and Carver County Highway Department. _ 7. Parking shall be prohibited along Lake Susan Hills Drive adjacent to this development. The City will proceed in preparing a resolution restricting parking along Lake Susan Hills Drive. 8. The applicant should submit a street lighting plan for staff review and approval. — 9. The applicant shall incorporate the City's Best Management Practice Handbook for site restoration and additional erosion control measures during the construction — process. 10. A cross-access easement should be conveyed to all the lots for use of the private — street. ktm — c: Charles Folch, City Engineer CITYOF CHANHASSEN690 COULTER DRIVE • P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: JoAnn Olsen, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: March 4, 1993 SUBJ: 87-3 PUD, Prairie Creek Townhomes I have reviewed the site plan for the proposed Prairie Creek development and have the following requirements: 1. The marking of fire lane on private and public property shall be designated and approved by the Fire Chief. Pursuant to 1988 UFC Sec. 10.207(w). See site plan submitted by Fire Marshal for exact location. 2. "No Parking Fire Lane" signs shall be installed as per indicated on submitted site plan. Pursuant to Chanhassen City Policy #06-1991 (copy enclosed). 3. A 10 foot clear space shall be maintained around fire hydrants, i.e. NSP transformers,telephone,cable boxes, all landscape trees and shrubs. Pursuant to Chanhassen City Ordinance. 4. Submit a Fire Marshal approved "Pre Fire Plan". Pursuant to Chanhassen City Policy #07-1991 (copy enclosed). 5. Add and/or relocate fire hydrants as indicated on submitted site. Pursuant to 1988 UFC Division 3. 6. Fire apparatus access road shall be designed,built and maintained before and during construction of the townhouse units. The driving surface must meet Chanhassen Engineering specs. Pursuant to 1988 UFC 10.207(f). 7. Premise identification Policy #29-1992 (copy enclosed). to PRINTED ON RECYCLED PAPER A T7AC:.{I/Yje=-A, "�S ,... . CITY of , ori ..,._.__,;..„,k.,,. 1 CHANHASSEN _ . ,...,,,...,,,,,„,,,, „:„„„,,,, ..„ ,..,:,,t,„6,4, ,_ + 7;' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55317 "day, (612) 937-1900 • FAX (612) 937-5739 - CHANHASSEN FIRE DEPARTMENT POLICY -. PREMISES IDENTIFICATION General Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following - Public Safety Director, Building Official , Building Inspector, Fire Marshal . Requirements are for new construction and existing buildings where no address numbers are posted. ` Other Requirements-General ` • z= 1. Numbers shall be a contrasting color from-the background. 2. Numbers shall not be In script 3. If a structure Is not visible from the street,additional-numbers are required at the driveway entrance. Size and location must be approved. .A 4. Numbers on mall box at driveway entrance may be a minimum of 4". However, requirement $3 must still be met — 5. Administrative authority may require additional numbers H deemed necessary. Residential Requirements(2 or less dweWing unit) — 1. Minimum height shall be 5 1/4". 2. Building permits will not be flnaied unless numbers are posted and approved by the Building Department _ Commercial Requirements 1. Minimum height shall be 12". 2. Strip Malls a. Mufti tenant building will have minimum height requirements of 6". b. Address numbers shall be on the main entrance and on all back doors. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the buildings main entrance. Chanhassen Fire Department — Fire Prevention Policy #29-1992 Ali.. -' Date: 06/15/92 - Revised: Approved - Public Safity Director Page 1 of 1 to., PRINTED ON RECYCLED PAPER — CITY OF c, C HANI1ASSEN g)c ---17690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT POLICY REOUIREMENTS FOR FIRE LANE SIGNAGE 1 . Signs to be a minimum of 12" x 18" . NO 2 . Red on white is preferred. PARKING FIRE 3 . 3M or equal engineer' s grade LANE reflective sheeting on aluminum is preferred. 7\ 4 . Wording shall be: NO PARKING FIRE LANE 5 . Signs shall be posted at each end of the fire lane and at least at 7 ' 0" 75 foot intervals along the fire lane. 6. All signs shall be double sided — facing the direction of travel. 7 . Post shall be set back a minimum of 12" but not more than 36" from the curb. _ - - 8 . A fire lane shall be required in (NOT TO GRADE front of fire dept. connections SCALE) extending 5 feet on each side and along all areas designated by the — Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES . Chanhassen Fire Department Fire Prevention Policy #06-1991 Date: 1/15/91 U;71 Revised: — Approved - Public Safety Director Page 1 of 1 is • flaw PRINTED ON RECYCLED PAPER CITY OF - .. ) ( ,_. . , - - .,_ , 7 F (-, CHANHASSEN _ ir �,�. 'ii -A, :� 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317 - �M (612) 937-1900 • FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT - POLICY REGARDING PRE-PLAN Prior to issuing the C.O. , a pre-plan, site plan shall be submitted to the Fire Department for approval . The following items shall be shown on the plan. 1) Size 11" x 17" (maximum) 2) Building footprint and building dimensions 3) Fire lanes and width of fire lanes 4) Water mains and their sizes, indicate looped or deadend 5) Fire hydrant locations 6) P. I .V. - Fire Department connection 7) Gas meter (shut-off) , NSP (shut off) 8) Lock box location 9) Fire walls, if applicable 10) Roof vents, if applicable 11) Interior walls 12) Exterior Doors 13) Location of fire alarm panel 14) Sprinkler riser location 15) Exterior L. P. storage, if applicable 16) Haz . Mat. storage, if applicable 17) Underground storage tanks locations, if applicable 18) Type of construction walls/roof 19) Standpipes Chanhassen Fire Department Fire Prevention Policy #07-1991 Date: 01/16/91 )6`G` Revised: Approved - Public Safety Director Page 1 of 1 - If iso PRINTED ON RECYCLED PAPER lime f. 1 z r -s -IZ W Q'v c s. < -Y 2 p s ' i _ ( i. — c j i - . � ✓f A I l S ? 3, 2 _< U — fiiikis ` - : _: saaa31ii / 1 u: ••, • s _ ; . . IT s / —. I 15 5? 'S- - 6.*•...... , 7 .00 \'‘.._.f La I .1 ovi:'2 lel iii :3.5 / • NI �`" eas �. i� x c / /- 4 i l _ i 1 l.5i { + % • + / 1 %$ IP / 7 if ,K /� i Z i 40 / n �r `/.T G � ' • zc. �r 14 I; l / - 1 ---6. � % . � •� , ,�. r \-: 1; i i' /" ,lik, ilt \ 33 -b /,/ `ft s i t 1 / d� \ ‘�tssM� er t t j / \ `,61 1 / �' roc }-, V, © v is O `�''f 1 i ��'. 1� 'C) t;i C 3 •1111., ,. --•.- '1,2:!.14;\<."\,?..‘.t:: \\,.,. .;:z.-:, a it t ,,ti- .. ��• / /9 \ Nte / s _Q; / : • I ! /f:`� /,7 / .� / P1.,�\ .11'`N,4'• ,/,'/'.. / / E E Iii F ! 1. ' T / wn ti; - ai i e v�— �"` 1` / ,rAte ff l z,•I\t r\�*` sr / / 1, / 'p. A _ `ray /✓✓✓" _ ! r A ......./'''''' •s 4+ / (.1) C i AA A C .i I .. - - — -- 7 \ E „wA t\r Iiiii i o p r. - - € z _ >_-= yy ^ •'')..: .., , T7o ` .mac _ • = i1 'r1 \ r CITY OF i 11111111rCHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 �i MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Steve A. Kirchman, Building Official9./c! 4., DATE: 03/03/93 _ SUBJECT: 87-3 PUD (Prairie Creek Townhouses, Jasper Development) • Background: I have reviewed your request for comments on the above referenced planning case, and have some items that should be added as conditions of approval . Analysis : _ Problems have occurred with dwellings on corrected pads being too large for the pad or missing the pad. Details on corrected pads must be furnished to the Inspections Division. Pads that are corrected at the time the streets are installed should be submitted to the Inspections Division before City - acceptance of the subdivision. Data on lots that are individually corrected may be submitted before the certificate of occupancy is issued. Details on corrected pads should include a soils report, compaction tests, the limits of - the corrected pads and elevation of the excavation. Standard designations (LO, R, SE, SEWO, TU, WO) for proposed dwelling types, lowest floor elevations and garage floor elevation need to be indicated on the drainage plan to insure an adequate plan review by the City. The sides and fronts of the buildings appear to be on the property lines . Table 5-A of the Uniform Building Code (UBC) prohibits openings in walls that are within 3 ' of a property line. Projections (decks, overhangs, etc. ) must comply with UBC 504 (b) which generally permits projections to extend a __ maximum of 1/3 the distance to the property line. This provision would prohibit projections on walls that are on the property lines. Access to a public way must be provided from each dwelling in order to comply with the building code (UBC 504 (a) ) . Private easements for driveways and private roads would meet code requirements. es t 4, PRINTED ON RECYCLED PAPER n n r Jo Ann Olsen, Senior Planner 03/03/93 Page 2 No street names are shown on any of the submissions. Streets names need to be reviewed to avoid conflicts with existing streets. Recommedations : Staff recommends the following be included in the conditions of approval : 1 . Indicate lowest floor elevations and garage floor elevations for each house pad on the grading plan prior to final plat approval. 2 . Submit details on corrected pads including compaction tests, limits of the pads and elevations of excavations to the Inspections Division. A general soils report for the development should also be - submitted to the Inspections Division. This must be done prior to issuance of building permits. 3 . Adjust property lines , building sizes, wall openings or a combination _ of all three to comply with the building codeprior to fianl plat approval. 4 . Provide easements for driveways and private roads to a public way prior to final plat approval . - 5. Submit proposed streets name (s) for review prior to final plat approval . CITY of CHANHASSEN690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Todd Hoffman, Park and Recreation Director DATE: March 11, 1993 SUBJ: Prairie Creek Townhomes The Park and Recreation Commission will not review this land development proposal until March 23, 1993. The following comments are being forwarded to you to enable your report to be submitted to the Planning Commission. The development of Prairie Creek Townhomes is subject to the following conditions in regard to parks and trails as listed in the Lake Susan Hills West PUD Agreement. Parkland _ Dedication of land for park purposes is not required of this development, in lieu of land dedication. Park fees will be assessed at one-half of the rate in force upon building permit application. At present, this fee is one-half of $600.00, or $300.00 per unit. Trails As specified in the PUD Contract, the dedication of a 20-ft. wide trail easement parallel to Powers Boulevard, and extending the entire length of the property, is to be dedicated to the city. Further, that the applicant shall construct an 8-ft. wide bituminous trail per the attached city standard within this easement. The placement of the trail may fluctuate within this easement. Landscaping may be installed within the easement, but only on the east side of the trail and not within 10-ft. of the trail surface. Final alignment of the trail must be field staked for inspection by the city prior to construction. tPRINTED ON RECYCLED PAPER ATTflcNmCN i 7 tt( ( 0, CARVER COUNTY COURTHOUSE j 1 600 EAST 4TH STREET PUBLIC Ih'ORKS DEPARTMENT CHASKA, MINNESOTA 55318 — (612, 448 1213 iV E Sv REc • - COUNTY Of C LNEQ F ,Tv �F C442 March 4. 1993 — To: JoAnn Olsen, Chanhassen Senior Planner From: Bill Weckman, Assistant County Engineer Subject: Site Plan Prairie Creek Townhomes _ Comments regarding the subdivision and site plan for Prairie Creek Townhomes transmitted to Carver County by your memorandum dated February 19, 1993. 1. Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Minor Arterial (Class II) are: Urban Undivided Rural Undivided 2-lane Roadway 2-lane Roadway _ Minimum Recommended Minimum Recommended 100' 110' 120' 150' Urban Undivided Rural Undivided 4-lane Roadway 4-lane Roadway Minimum Recommended Minimum Recommended 100 120 140' 170' — County State Aid Highway (CSAH) 17 is functionally classified as a Minor Arterial (Class II) roadway in the Eastern Carver County Transportation Study. A 150 foot corridor has been established for a potential 4 lane divided highway. The city may wish to consider an even wider highway corridor along the proposed - subdivision if a separate trailway is to be constructed along the county highway. Additional width may also be needed to accommodate public utilities and landscaping. 2. From the information provided by the developer, it appears that lots abutting the right of way will have townhomes constructed as close as 25 feet from the right of way line. It appears that it is again necessary to determine a proposed future road cross-section through this area to determine the allowable or necessary excavation through the proposed subdivision to complete the future road construction. The County would recommend meeting with the City to determine the future cross-section of CSAH 17 _ before final approval of the proposed site plan. 3. Any public utility lines that are to be installed within the CSAH 17 right-of-way are subject _ to the utility permit requirements of Carver County. Af irmatizt Action'Equal Oppuaunih Emplotei- — Prirnrcl on Relit-led Pape p i r,Ac H m ti l 41 4. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 17 is subject to review and approval of the county highway department. 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right- of-way (including turn removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 6. As this area develops. the traffic on CSAH 17 will increase. The increased traffic will generate an increased noise level. The County would consider any type of noise abatement project. if necessary, to be the responsibility of the City or developer. 7. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating proposed shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the proposed intersection. Thank you for the opportunity to comment on the subdivision and site plan for the proposed development. 1st Draft 2-10-93 U/trish/prairie DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF PRAIRIE CREEK THIS DECLARATION, made this day of February, 1993, by Jasper Development Corporation of Waconia, Inc. , a Minnesota corporation (hereinafter called "Declarant" ) , and Bank, a Minnesota corporation, WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Article II , Section 1 , of this Declaration and desires to create thereon a residential neighborhood with permanent open spaces and other common amenities for the benefit of said neighborhood; and WHEREAS, Declarant has caused the incorporation of Prairie Creek Townhouse Association of Chanhassen under the laws of the State of Minnesota as a non-profit corporation, which shall own the Common Area and to which shall be assigned the powers and duties of maintaining the Common Area and certain other portions of the - property, administering and enforcing the covenants and restrictions herein, and collecting and disbursing the assessments and charges herein created. WHEREAS, Bank holds a mortgage on the subject property and for the purpose of passing clear title does hereby join in this Declaration. NOW, THEREFORE, Declarant hereby declares that the real property described in Article II, Section 1 , hereof and such additions thereto as may hereafter be made pursuant to Article II, Section 2 , hereof, shall be held, sold, conveyed and occupied subject to the following covenants, restrictions, easements, charges and liens, which are for the purpose of protecting the value and desirability of, and shall run with, the real property, and which shall be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof . 1 PTI4m� NT q ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplementary Declaration shall have the following meanings : Section 1 . "Association" shall mean Prairie Creek Townhouse Association of Chanhassen. Section 2 . "Common Area" shall mean all of Lot _, Block 1 of Prairie Creek, according to the recorded plat thereof . Section 3 . "Common Expenses " shall mean expenses of the Association for maintenance, repair, operation, management and enforcement; expenses declared common expenses by the provisions of this Declaration; and all sums lawfully assessed against the Lots by the Board of Directors of the Association. Section 4 . "Declarant" shall mean Jasper Development Corporation of Waconia, a Minnesota corporation, and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot for the purpose of development . Section 5 . "First Mortgagee" shall mean any person owning a mortgage on any Lot, which mortgage is first in priority upon foreclosure to all other mortgages which may affect such Lot. Section 6 . "Home" shall mean a residential dwelling constructed on a Lot subject to this Declaration. Section 7 . "Unit " shall mean a Home and its corresponding Garage . Section 8 . "Member" shall mean a Member of the Association as provided in Article III hereof . Section 9 . "Owner" shall mean the record Owner, whether one or more persons , or entities of title to any Lot subject to this Declaration, including contract for deed vendors and vendees , but excluding those having such interest merely as security for the performance of an obligation. Section 10 . "Property" shall mean the real property described in Article II , Section 1 , hereof, and such additions thereto described in Article II , Section 2 , as may hereafter be brought within the jurisdiction of the Association. Section 11 . "Lot " shall mean each numbered lot of Block 1, Prairie Creek, according to the plat thereof, excluding Lot 2 ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1 . Existing Property. The real property which is and shall be held, sold, conveyed and occupied subject to this Declaration is located in the City of Chanhassen, County of Carver and State of Minnesota, and is legally described as follows : Lots 1 through , Block 1, Prairie Creek, according to the plat thereof on record in the office of the Carver County Recorder. Section 2 . Additional Property. The Declarant reserves the - right for a five ( 5 ) year period from and after the date of the execution of this Declaration to add additional property to the Countryside Townhouse Association and make such property subject to this Declaration of Covenants , Conditions and Restrictions , which property is located in the City of Chanhassen, County of Carver and State of Minnesota, and is legally described as follows : [Legal Description to be determined. ] ARTICLE III MEMBERSHIP AND VOTING RIGHTS - IN THE ASSOCIATION Section 1 . Members . All Owners of Units shall automatically by virtue of such interest be Members of the Association. When more than one person is an Owner of a Unit, all such persons shall be Members . It shall be the duty of each Owner to register his name and the nature of his interest with the Secretary of the Association. If an Owner fails to register his name or interest, the Association shall be under no duty to recognize his ownership. Section 2 . Voting. The Association shall have two classes of voting membership: Class A. Class A Member( s ) shall be all Owners , with the exception of the Declarant, who shall be entitled to one vote for each Unit owned. When more than one person holds an 3 _ interest in any Unit, all such persons shall be Members . The vote for such Unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Unit . Class B . The Class B Member( s ) shall be the Declarant who shall be entitled to three ( 3 ) votes for each Unit owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events , whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equals or exceeds the total votes outstanding in the Class B membership, or (b) on the expiration of three (3 ) years from and after the date of execution of this Declaration. Section 3 . Transfer of Membership. Membership shall be appurtenant to and may not be separated from ownership of a Unit. The share of a Member in the funds and assets of the Association cannot be assigned, pledged, encumbered or transferred in any manner, except as an appurtenance to his Unit . ARTICLE IV PROPERTY RIGHTS IN THE COMMON AREA Section 1 . Members ' Easements of Enjoyment . Every Member shall have the following rights and nonexclusive appurtenant easements over and across the Common Area for the following purposes : (a) Ingress and egress . (b) Utilities , water and sewer. (c) Enjoyment for recreational purposes . Every Member shall also have an exclusive appurtenant easement over the Common Area for the use and enjoyment of the sidewalk, steps and entry way adjacent to his Lot . Section 2 . Title and Improvements to the Common Area. The Declarant shall convey and record marketable title to the Common Area to the Association prior to the conveyance of fee title to any Unit . The Declarant covenants and agrees with the Association 4 that it will make and pay for all improvements on the Common Area as set forth in the plans and specifications on file with the Association, and delivery of the deed to the Common Area shall not constitute a release of Declarant from the obligation to perform such work . Upon the Declarant having fulfilled its obligation to improve the Common Area, the Association shall file in the office of the County Recorder a release of the Declarant. Until the Declarant has completed the work as set forth in said plans and specifications , the Declarant shall have the right to enter and to store materials and equipment upon the Common Area for the purpose of completing such work. Section 3 . Extent of Members ' Easements . The rights and easements of enjoyment described herein and the title of the Association to the Common Area shall be subject to the following: (a) The right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for capital improvements on the Common Area, and in aid thereof to mortgage the Common Area . The rights of any such mortgagees in the Common Area shall be subordinate to the rights of the Members hereunder. No indebtedness authorized by this paragraph shall exceed twice the sum of the annual assessment levied against all Units . No such mortgage shall be given or other encumbrance of the Common Area permitted unless first approved in writing by the Owners and First Mortgagees representing seventy-five percent ( 75% ) of the Lots . (b) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure. (c ) The right of the Association to suspend the enjoyment rights of any Member for any period not to exceed sixty ( 60 ) days and to impose a fine not to exceed Ten Dollars ( $10 . 00) for each infraction of its published rules and regulations . Nothing contained in this paragraph, however, shall be deemed to deny an Owner easements for access and utility purposes . Furthermore, any such fine may not exceed $50 . 00 for all consecutive infractions arising out of the same violation of published rules and regulations of this Declaration. (d) The right of the Association to charge reasonable admission and other fees for the use of the Common Area . (e) The right of the Owner of each Unit to an exclusive appurtenant easement over the Common Area for areas occupied by bay windows, roof overhangs, air conditioning compressors, flower boxes and other appurtenances which are part of the 5 original construction of any Unit or which are added pursuant to the provisions of Section 1 of Article VI hereof . ( f ) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members . No such dedication or transfer shall be effective unless first approved in writing by the Owners and First Mortgagees of one hundred percent ( 100% ) of the Units . Nothing herein shall preclude the Board of Directors of the Association from granting access to the Common Area on a temporary, non- exclusive basis to any public agency, authority, utility or cable television company for construction, maintenance or repair of any utility delivery system. Section 4 . Delegation of Use. Any Owner may delegate, in accordance with the By-Laws , his right of enjoyment to the Common Area to his tenants who reside on the Property and to Members of his family and his guests . Section 5 . Taxes and Special Assessments on the Common Area. The Association shall have the right, power and authority to collect taxes and special assessments levied against the Common Area as part of the annual assessment, if such taxes and special assessments are not collected by the governmental body from the Owners or paid by the Owners to the governmental body when the same are due and payable. Section 6 . Use of the Common Area. The Common Area shall be used strictly in accordance with the easements granted thereon. Except as herein provided, no Owner shall obstruct or interfere with the rights and privileges of other Owners in the Common Area, and nothing shall be planted, altered, constructed upon or removed by an Owner from the Common Area except by prior written consent of the Association. If an Owner shall violate this Section, the Association shall have the right to restore the Common Area to its prior condition and assess the cost thereof against the Owner who violates this Section, and such cost shall become a lien upon the Unit of such Owner which is due and payable upon demand. The Association shall have the same right and powers to collect the cost of such restoration as provided in Article VII hereof for the collection of delinquent annual assessments . If any Owner interferes with the right and privileges of another Owner in the use of the Common Area, except as provided herein, the Association or the Owner may commence an action to enjoin such interference, and the prevailing party shall be entitled to recover such reasonable attorneys ' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 6 ARTICLE V RIGHTS AND OBLIGATIONS OF THE ASSOCIATION Section 1 . Common Area Maintenance . The Association shall be responsible for the maintenance and repair and for the exclusive management and control of the Common Area and the Lots and all exterior improvements thereon, and shall keep the same in good, clean, attractive and sanitary condition . The Common Area and lot improvements shall be deemed to include such things as driveways, sidewalks , trees , flowers and shrubs, patios and decks, and docks ; together with all lines , pipes , wires , conduits, systems or other , utilities which are installed on or across the Common Area or the Lots . The Association, or its contractor, shall have the right to enter upon the Lots to perform the maintenance and repair outlined herein. Section 2 . Exterior Maintenance. The Association shall be responsible for the maintenance and repair of the exterior surfaces of each Home and Garage, including painting, repair, replacement and care for roofs , gutters and downspouts , exterior building surfaces, overhangs and other exterior improvements . Such responsibility for exterior maintenance shall not extend to glass surfaces or doors, screens or screen doors , or exterior door or window fixtures . Section 3 . Incidental Damage. The Association shall be responsible for the repair of all incidental damage caused to a Home or Lot by any maintenance, repair, alteration or improvements of the Common Area or the exterior surfaces of the homes performed by or with the authority of the Association. Section 4 . Services . To the extent it deems advisable, the Association may obtain and pay for the services of any person or entity to manage its affairs , to fulfill its obligations hereunder, or to enforce this Declaration or the By-Laws . The Association may arrange with others to furnish water, trash collection, sewer service, and other common services to each Lot. Section 5 . Personal Property for Common Use. The Association may acquire and hold for the use of all of the Members tangible and intangible personal property and may dispose of the same by sale or otherwise . Every Member may use such property in accordance with the purpose for which it is intended and without hindering or encroaching upon the lawful rights of other Members . Section 6 . Rules and Regulations . The Association may make reasonable rules and regulations governing the use of the Lots and the Common Area, which rules and regulations shall be consistent with the rights and duties established in this Declaration. 7 Section 7 . Access at Reasonable Hours . For the purpose of performing the Common Area and exterior maintenance authorized by this Article, the Association, acting through its duly authorized agents or employees, shall have the right after reasonable notice to the Owner to enter upon any Lot at reasonable hours of the day. ARTICLE VI OBLIGATIONS OF THE OWNERS Section 1 . Architectural Control . From and after the completion of construction and sale of any Lot, no building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any modification to the exterior of any Unit, whether to the structure or appearance thereof, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Association or by an architectural committee composed of three or more representatives appointed by the Association. The Association or the architectural committee shall not approve any alterations or structural modifications which would jeopardize or impair the soundness, safety or appearance of the Property. In the event the Association fails to approve or disapprove such design and location within thirty ( 30 ) days after said plans and specifications have been submitted to it, approval will not be required and this Article shall be deemed to have been fully complied with. The prevailing party in an action brought by the Association pursuant to this Section shall be entitled to recover from the other party reasonable attorneys ' fees together with all necessary costs and disbursements incurred in connection therewith. Section 2 . Use of Lots . Each Lot shall be used for residential Unit purposes only, except that the Declarant shall be entitled to maintain model townhouses on the Property. No structure of a temporary character, trailer, tent, shack, or other building shall be used on any Lot or the Common Area at any time as a residence, either temporarily or permanently. No improvement or structure whatsoever, other than single-family dwellings or garages or other structure appurtenant to a Home and approved as provided in Section 1 of this Article may be erected, placed or maintained. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood. Section 3 . Use of the Unit . The Units shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as rental for any period of less than thirty ( 30) days . Each Owner shall otherwise have the absolute right to lease his Unit, provided that any lease is made subject to this Declaration 8 and the By-Laws of the Association. No Owner shall subdivide any Unit or sell or lease only a part of a Unit. Section 4 . Interior Maintenance . Every Owner shall maintain and keep in repair the interior of his Unit . Every Owner shall perform promptly all maintenance and repair work within his Unit which, if omitted, would adversely affect the Property in its entirety or in part belonging to other Owners or to the Association, being expressly responsible for any damage or liability that his failure to do so may cause. Every Owner shall be deemed to own and shall be responsible for the maintenance and repair of all lines , pipes , wires, conduits , systems or other utilities , together with the fixtures and equipment served or supplied thereby, which are installed within his Unit or upon his Lot, commencing at the point where such utilities enter upon his Lot. Section 5 . Responsibility for Misuse and Negligence. In the event that the need for maintenance or repair of the Common Area and improvements thereon or the exterior surfaces of any Unit is caused by the misuse or negligence of an Owner, his family, guests , tenants or invitees , the cost of such maintenance or repair shall be assessed against such Owner. Such cost shall become a lien upon the Lot of such Owner which is due and payable on demand, and the Association shall have the same right and powers to collect the amount so assessed as provided in Article VII for the collection of delinquent annual assessments . ARTICLE VII ASSESSMENTS Section 1 . Creation of the Lien and Personal Obligation of Assessments . The Declarant for each Lot owned hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association ( 1 ) annual assessments or charges and ( 2 ) special assessments for capital improvements , such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys ' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys ' fees , shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2 . Use of Assessments . The assessments shall be used exclusively for the benefit of the Owners, to promote the health, safety and welfare of the Owners , to preserve, protect and enhance 9 the value of the Property, and to ensure the enjoyment of rights , privileges and easements with respect to the Common Area . Section 3 . Method of Levying Annual Assessments . Annual assessments against the Lots for Common Expenses shall be levied _ by a majority vote of the Board of Directors of the Association. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty ( 30 ) days in advance of each annual assessment period and send written notice thereof to every Owner. All Units shall be assessed equally. The annual assessments shall be due and payable in monthly installments on such dates as are established by the Board of Directors . If an annual assessment is not timely made, there shall be an assessment in the amount, installments , and on the due dates of the last prior annual assessment . The Board of Directors may require each Owner to deposit and maintain with the Board of Directors an amount equal to one quarterly estimated annual assessment for use as working capital . Section 4 . Commencement and Maximum Amount of Annual Assessments . The annual assessments herein authorized shall commence as to all Lots on the first day of the third month following conveyance of the Common Area to the Association. Until January 1 of the year following the conveyance of the first Unit to an Owner, the maximum annual assessment shall be $ per Lot on which there is a completed Unit . (a) At the time each Unit on which has been awarded a certificate of occupancy is sold by Declarant the Purchaser (Owner) shall pay a capitalization fee to the Association of (b) The Declarant shall , after the commencement of the obligation to pay assessments , pay to the Association for each Unit which has not been awarded a certificate of occupancy reduced monthly assessment payments in the amount of 25% of full monthly assessment payments . No assessments are due for vacant Lots . (c) The Declarant shall pay full monthly assessment payments as to each Unit which has been awarded a certificate of occupancy but has not been conveyed to a purchaser. (d) From and after January 1 of the year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment may be increased each year not more than 5% or a percentage equal to the increase for the immediately preceding year in the Consumer Price Index established by the United States Department of Labor for the Minneapolis area, whichever of said percentages is greater, above the maximum assessment for the previous year without an 10 affirmative vote of a majority of the membership approving such an increase . Section 5 . Reserves and Surplus . Annual assessments for Common Expenses shall include an allocation to maintain an adequate Replacement Reserve Fund for maintenance, repair and replacement of those elements of the Common Area and the exterior surfaces of the Units that must be repaired or replaced on a periodic basis . Such elements include, by way of example and without limitation, roadways and driveways , sidewalks , roofs, common utility lines , decks and outdoor lighting systems . In addition, the Board of Directors may establish and fund as part of the annual assessments a General Operating Reserve to provide a measure of financial stability during periods of special stress and to be used to meet deficiencies as a result of delinquent payments and other contingencies . The Association shall not be obligated to apply any such surplus to the reduction of the annual assessments in the succeeding year, but may carry forward such surplus from year to year as the Board of Directors may determine to be desirable for the greater financial security and the effectuation of the purposes of the Association . Section 6 . Special Assessments . In addition to annual assessments , the Board of Directors may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements on the Common Area, exterior surfaces of Units , or utility lines serving more than one Lot . Any such assessment, however, shall first be approved by a vote of Owners representing seventy-five percent ( 75%) of the Units at a meeting duly called for such purpose, written notice of which shall be sent to all Owners at least thirty ( 30) days in advance. Section 7 . Uniform Rate of Assessments . Both annual and special assessments shall be fixed at a uniform rate for all Units . Section 8 . Record of Assessments . The assessments against all Units shall be set forth on a roll of the Units kept by the Secretary of the Association and available for inspection at reasonable times by any Owner or his authorized representative. Such roll shall indicate for each Unit the name and address of the Owners , the assessments levied for all purposes, and the amounts of all assessments paid and unpaid. Section 9 . Delinquent Assessments : Interest and Liens . Any assessment or installment thereof not paid within ten ( 10) days after becoming due shall bear interest at the rate of eight percent ( 8% ) per annum from the date when due until paid. All sums assessed by the Association but unpaid for the share of Common Expenses chargeable to any Unit shall constitute a lien on such Unit commencing on the due date of the assessment and prior to all 11 other liens except only tax liens and liens for special assessments on the Unit in favor of any taxing and assessing unit of government and all sums unpaid on a first mortgage of record. The sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to foreclosure of any first mortgage shall extinguish the lien of such assessments as to payments which become due prior to the foreclosure sale and transfer. Any such unpaid assessments shall thereupon be spread over and become a lien on all Units in equal shares . No foreclosure sale or transfer shall relieve any Unit from liability for any assessments thereafter becoming due or from the lien thereof . A lien for assessments may be foreclosed by suit by the Board of Directors of the Association in like manner as foreclosure by action of a mortgage on real property. The Board of Directors shall have the power to convey the Unit so acquired. In addition, the Association shall have the right to pursue any other remedy at law or in equity against any Owner who fails to pay any assessment or charges against his Unit. Section 10 . Ineffectiveness of Waiver or Abandonment . No Owner may exempt himself from liability for his contribution toward the Common Expenses by waiver of the use or enjoyment of any of the Common Area, by waiver or protest of the need for maintenance or repair of exterior surfaces of any Home, or by abandonment of his Unit . ARTICLE VIII INSURANCE Section 1 . Casualty Insurance on Insurable Common Area. The Association shall keep all insurable improvements and fixtures of the Common Area insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other property whether real or personal , owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance . The insurance coverage with respect to the Common Area shall be written in the name of, and the proceeds thereof shall be payable to the Association. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the Association are Common Expenses included in the assessments made by the Association. In addition to casualty insurance on the Common Area, the Association, through the Board of Directors , may elect to obtain and continue in effect, on behalf of all Owners , adequate blanket casualty and fire insurance in such form as the Board of Directors deem appropriate in an amount equal to the full replacement value, 12 without deduction for depreciation or coinsurance, of all of the Dwelling Units, including the structural portions and fixtures thereof, owned by such Owners . Insurance premiums from any such blanket insurance coverage, and any other insurance premiums paid by the Association shall be a Common Expense of the Association to be included in the regular assessments of the Owners , as levied by the Association, but such assessments for insurance premiums shall not be subject to the limits on percentage increases recited in Article VII hereof . The insurance coverage with respect to the Dwelling Units shall be written in the name of, and the proceeds thereof shall be payable to the Association as Trustee for the Homeowners . Section 2 . Replacement or Repair of Property. In the event of damage to or destruction of any part of the Common Area Improvements , the Association shall repair or replace the same from the insurance proceeds available . If such insurance proceeds are insufficient to cover the costs of repairs or replacement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds , in addition to any other Common Assessments made against such Unit Owner. In the event that the Association is maintaining blanket casualty and fire insurance on the Units on the Lots in the Properties , the Association shall repair or replace the same from the insurance proceeds available. Section 3 . Annual Review of Policies . All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the property which may have been damaged or destroyed. Section 4 . Waivers of Subrogation. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any reduction of the pro-rata liability of the insurer as a result of any insurance carried by Owners or of invalidity arising from any acts of the insured or any Owners . Provisions shall be made for issuance of certificates of physical damage insurance to mortgagees . Section 5 . Notices to FNMA and FHLMC. All policies of physical damage, fidelity and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be cancelled or substantially modified without at least thirty ( 30) days ' prior written notice to the Federal National Mortgage Association ( "FNMA" ) and the Federal Home Loan Mortgage Corporation ( "FHLMC " ) , all of the insureds and all First Mortgagees of record. The Association agrees to notify FNMA and FHLMC in writing whenever damage to the Common Area exceeds Ten Thousand Dollars ( $10, 000 . 00) 13 from a single occurrence, or whenever damage with respect to any Unit covered by a mortgage purchased in whole or in part by FNMA or FHLMC exceeds One Thousand Dollars ( $1, 000 . 00) . Section 6 . Individual Owner' s Insurance . Insurance coverage on the furnishings and other personal property belonging to an Owner and casualty and public liability insurance coverage within each Unit shall be the responsibility of the Owner thereof . Each Owner may obtain insurance at his own expense providing coverage on his personal property and for his personal liability, provided that any such policy shall contain a waiver of subrogation comparable to that referred to in Section 4 of this Article. Each Owner may obtain additional fire and extended coverage insurance at his own expense on his Unit, provided that any such policy shall provide that it shall be without contribution as against the fire and extended coverage insurance maintained by the Association. If a casualty loss is sustained and there is a reduction in the amount of the proceeds which would otherwise be payable on the insurance maintained by the Association due to proration of insurance purchased by any Owner, such Owner agrees to assign the proceeds of this latter insurance, to the extent of the amount of such reduction, to the Association to be distributed as hereinafter provided, and such Owner shall be liable to the Association to the extent of any such diminution or loss of proceeds . ARTICLE IX RECONSTRUCTION AND REPAIR Section 1 . Casualty. In the event of damage or destruction by casualty to any part of the Property subject to this Declaration, the determination of whether or not to reconstruct or repair the same shall be made as follows : (a) Any portion of the Common Area which is damaged or destroyed by a casualty otherwise not affecting the Units shall be restored to substantially the same condition which existed prior to such casualty. If insurance proceeds are insufficient to pay the costs of such restoration, the Board of Directors shall levy a special assessment as provided in Section 6 of Article VII hereof to meet the costs thereof which assessment shall be fixed at a uniform rate for all Lots . (b) If a Unit is damaged or destroyed by a casualty it shall be restored by the Owner to substantially the same condition which existed prior to such casualty. If insurance proceeds are insufficient to pay the costs of such restoration or reconstruction, then the Owner shall be responsible for the difference needed to complete such restoration or reconstruction, except that in the event such loss is covered by blanket casualty insurance carried by the Association as 14 provided in Section 1 and 2 of Article VIII , then the Board of Directors shall levy a special assessment to meet such deficiency in costs , which assessment shall be fixed at a uniform rate for all Lots . - (c) Partial destruction, which shall mean damage or destruction which renders less than sixty percent ( 60% ) of the Units , collectively, unfit for occupancy, shall be reconstructed or repaired unless this Declaration is revoked within ninety ( 90) days after the date of such casualty. (d) Total destruction, which shall mean destruction which renders sixty percent ( 60% ) or more of the Homes and Garages, collectively, unfit for occupancy, shall not be reconstructed or repaired unless at a special meeting of the Members which shall be called within ninety ( 90 ) days after the date of such casualty or if by such date the insurance loss has not been fully adjusted, then within thirty ( 30) days thereafter, Owners representing eighty percent ( 80%) or more of the Units vote in favor of such reconstruction or repair. Immediately after a casualty causing damage to the Property, the Board of Directors shall obtain reliable and detailed estimates of the cost to restore the damaged property to substantially the same condition which existed prior to such casualty. If the proceeds of insurance are insufficient to pay the estimated cost of restoration of the Property, or, if at any time during reconstruction or repair or upon the completion thereof, the funds for payment of the cost of restoration are insufficient, the Board of Directors shall levy a special assessment against all Lots for that portion of the deficiency related to damage to the Common Area and against individual Lots for that portion of the deficiency related to damage to the particular Unit constructed thereon. If the cost of the restoration of the Property is less than the insurance proceeds received by the Association, the Board of Directors shall pay the balance remaining to the Owners and their First Mortgagees , as their interest may appear. The Association and any contractors or other persons engaged on its behalf in reconstruction or repair shall have temporary easements in and over the Lots , Units and Common Area to allow such work to be completed. In the event of reconstruction or repair of damage to any part of the Property, all Owners agree that minor encroachments on parts of the Common Area or on adjacent Lots shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist . Section 2 . Condemnation . In the event of taking by the exercise of the power of eminent domain, or by an action or deed in lieu thereof, of all or part of the Property, the monies awarded shall be used and the obligation to rebuild shall be determined in a manner substantially similar to a case involving damage or destruction by casualty. 15 ARTICLE X PARTY WALLS Section 1 . General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Units upon the Property and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 2 . Sharing of Repair and Maintenance . The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3 . Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, either Owner who has used the wall may restore it, and if the other Owner thereafter makes use of the wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions . Section 4 . Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements . Section 5 . Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner' s successors in title . Section 6 . Arbitration. In the event of any dispute arising concerning a party wall or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all arbitrators shall be final and conclusive on the question involved. ARTICLE XI MUTUAL EASEMENTS The title to each Lot shall include an exclusive appurtenant easement over and across the adjoining Lot or Common Area for encroachments created by construction, settling and overhangs for all Units originally constructed by the Declarant or improvements 16 which are added pursuant to Section 1 of Article VI hereof . A valid easement for said encroachments and for the maintenance thereof, so long as such encroachments stand, shall and does exist upon each Lot in favor of the adjoining Lot or Lots . ARTICLE XII RIGHTS OF FIRST MORTGAGEES For the protection of First Mortgagees and their assigns, the following provisions shall take precedence over any other conflicting provisions of this Declaration: Section 1 . Notification of Default . A First Mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by an Owner of any obligation under the Declaration or the By-Laws which is not cured within sixty ( 60 ) days . Section 2 . Exemption from Right of First Refusal . Any First Mortgagee that obtains title to a Unit by foreclosure of the mortgage, by deed or assignment in lieu of foreclosure, or pursuant to the remedies provided in the mortgage, shall be exempt from any right of first refusal contained in the Declaration or By-Laws . Section 3 . Liability for Assessments . Any First Mortgagee that obtains title to a Unit pursuant to the remedies provided in the mortgage or by foreclosure of the mortgage will not be liable for such Unit 's unpaid assessments or charges which accrue prior to the acquisition of title to such Lot by the First Mortgagee. Section 4 . Books and Records . First Mortgagees shall have the right to examine the books and records of the Association. Section 5 . Approval of Certain Acts . Unless at least seventy-five percent ( 75% ) of the First Mortgagees of Units, based upon one vote for each first mortgage owned, or 75% of Owners other than the Declarant have given their prior written approval, the Association shall not be entitled to: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. (The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Owners shall not be deemed a transfer within the meaning of this clause. ) (b) Change the method of determining the obligations , assessments , dues or other charges which may be levied against an Owner. 17 (c ) By act or omission change, waive or abandon any scheme of regulations , or enforcement thereof, pertaining to the architectural design or the exterior appearance of the Units , the exterior maintenance of Units, the maintenance of party walls or common fences and driveways , or the upkeep of lawns and plantings on the Property. (d) Fail to maintain fire and extended coverage insurance on insurable common property on a current replacement cost basis in an amount not less than one hundred percent ( 100% ) of the insurable value (based on current replacement cost) . (e) use hazard insurance proceeds for losses to the Property for other than repair, replacement or reconstruction of such Property. Section 6 . Liens . All taxes, assessments and charges which may become liens prior to the first mortgage under Minnesota law shall relate only to the individual Units and not to the Property as a whole. Section 7 . Reserves . Assessments for Common Expenses shall include an adequate reserve fund for maintenance, repairs , and replacement of those common elements that must be replaced on a periodic basis . Such routine and foreseeable assessments shall be payable in regular installments rather than by special assessment. Section 8 . No Priority Over First Mortgagees . No provision of the Declaration or By-Laws shall be construed as giving to any Owner or to any other party priority over any rights of First Mortgagees of Units pursuant to their mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Units or the Common Area, or both. Section 9 . Contract Terms . The term of any agreement for professional management of the Property, or any other contract providing for services of the Declarant, may not exceed two (2 ) years . Any such agreement shall provide for termination by either party without cause and without payment of a termination fee upon ninety ( 90) days ' prior written notice. ARTICLE XIII ADDITIONAL RESTRICTIONS Section 1 . Declarant Rights . Notwithstanding any provision of the Declaration or By-Laws to the contrary, the Declarant may operate and maintain upon the Property during the period of construction and sale of the Units such facilities as may be reasonably required or convenient to the construction and sale of the Units , including without limitation a business office, storage 18 area, construction yards , signs , model units and sales office, and shall have easements for access to and enjoyment and use of such facilities for itself , its employees, agent and prospective purchasers . Section 2 . Keeping of Animals . No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or in any Unit, except that dogs , cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose . The Association may adopt reasonable rules and - regulations governing the keeping of pets . Section 3 . Signs . No sign of any kind shall be displayed to the public view on any Lot or in the Common Area, except that the Declarant shall be permitted to erect and maintain upon the Property such signs as it deems appropriate to advertise the development until the Declarant conveys the last Unit. Section 5 . Miscellaneous . All sporting equipment, toys , and other equipment and supplies necessary or convenient to residential _ living shall be enclosed or shall be screened from view. No boats or recreational vehicles shall be stored by an Owner unless stored inside a Garage . In addition, no television or radio antenna shall be erected or placed on the exterior of any Home. ARTICLE XIV GENERAL PROVISIONS Section 1 . Duration and Binding Effect. The easements created hereby shall be permanent and the covenants and restrictions contained in this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives , heirs, successors and assigns , for a term of twenty ( 20 ) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically renewed for successive periods of ten ( 10) years . Section 2 . Amendment . This Declaration shall not be amended or revoked unless at least seventy-five percent ( 75%) of the Owners agree to such amendment or revocation. Section 3 . Enforcement . Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain such violation or to recover damages , and against the land to enforce any lien created by these covenants . Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 19 Section 4 . Notices . Any notice required to be given to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly given when personally delivered or when mailed postpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such notice . Section 5 . Severability. In the event that any provision of this Declaration shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof . Section 6 . Singular and Plural; Gender; Joint and Several Obligations . When required by the context of this Declaration, the singular shall include the plural, or vice versa, and the masculine gender shall include the feminine or neutral gender. Any obligations of the Owners or Members shall be joint and several except where the context clearly requires otherwise . Section 7 . Governing Law. This Declaration shall be interpreted in accordance with and governed by the laws of the State of Minnesota . IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. JASPER DEVELOPMENT CORPORATION OF WACONIA, INC. a Minnesota Corporation By: James E . Jasper Its : President [BANK] a Minnesota Corporation By: Its : Vice President 20 STATE OF MINNESOTA) ) ss . COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of February, 1993 by James E. Jasper, known to me to be the President of Jasper Development Corporation of Waconia, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ss . COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of February, 1993 by , of [Bank] , a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Melchert, Hubert, Sjodin & Willemssen 121 West Main Street PO Box 150 Waconia, Minnesota 55387 (rlh) ( 612 ) 442-5155 21 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Jasper Development Corp of Waconia OWNER: Jasper Development Corp of Waconia ADDRESS: 235 W 1st Street ADDRESS: 235 W 1st Street Waconia, MN 55387 Waconia, MN 55387 TELEPHONE (Day time) 612-442-5611 TELEPHONE: 612-442-5611 • 1. Comprehensive Plan Amendment 11. )O Subdivision 2. Conditional Use Permit 12. Vacation of ROW/Easements 3. Grading/Excavation Permit 13. Variance 4. Interim Use Permit 14. Wetland Alteration Permit 5. X Notification Signs $5� 2-' '' ' 15. Zoning Appeal 6. Planned Unit Development 16. Zoning Ordinance Amendment 7. Rezoning 17. Filing Fees/Attorney Cost - (Collected after approval of item) 8. Sign Permits 18. Consultant Fees 9. Sign Plan Review 10, kD( Site Plan Review TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must included with the application. Twenty-six full size folded copies of the plans must be submitted. 8W X 11' Reduced copy of transparency for each plan sheet. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. • PROJECT NAME Prairie Creek LOCATION NE Corner Lake Susan Hills Drive & Powers Blvd. LEGAL DESCRIPTION Outlot C. Lake Susan Hills (Exact legal attached) PRESENT ZONING R-8 REQUESTED ZONING no change PRESENT LAND USE DESIGNATION Median Density Residential REQUESTED LAND USE DESIGNATION same REASON FOR THIS REQUEST Intended Platting of townhouse Project 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. 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 The, 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. - I 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. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded - against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the original document returned to City Hall Records. japt,,r, pie S. - - 2 12 93 Signature Applicant Date Signature of Fee Owner Date � Application Received on .t"2"-/-7-13 Fee Paid $i� �fJ� OS Receipt No. T )g This application will be considered by the Planning Commission/Board of Adjustments and Appeals on That part of Government Lot 2 and the Northeast Quarter of the Southwest Quarter of Section 14, Township 116, Range 23, Carver County, Minnesota described as follows: Beginning at the most westerly corner of Outlot C, CHANHASSEN LAKES BUSINESS PARK THIRD ADDITION, according to the recorded plat thereof, said Carver County, thence on an assumed bearing of South 58 degrees 52 minutes 19 seconds East, along the southerly line of said Outlot C, a distance of 141 .50 feet to the most westerly corner of Lot 3, Block 7, LAKE SUSAN HILLS WEST, according to the recorded plat thereof, said Carver County; thence South 14 degrees 58 minutes 37 seconds East, along the southwesterly line of said Block 7, a distance of 308. 11 feet to the intersection with the northerly right of way of Lake Susan Hills Drive as delineated and dedicated on said LAKE SUSAN HILLS WEST; thence southwesterly, a distance of 272.59 feet, along said northerly right of way line, along a nontangential curve, _ concave to the southeast, having a central angle of 52 degrees 03 minutes 42 seconds, a radius of 300.00 feet and a chord bearing of South 48 degrees 59 minutes 32 seconds West; thence South 22 degrees 57 minutes 41 seconds West, along said northerly right of way line, tangent to said curve, a distance of 166.46 feet; thence south- - westerly, a distance of 186. 18 feet, along said northerly right of way line, along a tangential curve, concave to the northwest, having a central angle of 66 degrees 40 minutes 20 seconds and a radius of 160.00 feet; thence South 89 degrees 38 minutes 01 seconds West, along said northerly right of way line, a distance of 71.38 feet to the intersection with the easterly right of way line of C.S.A.H. No. 17 per corrected highway easement per book no. 157 of deeds, page 6; thence North 0 degrees 21 minutes 59 seconds West, along said easterly right of way line, a distance of 24.91 feet; thence northeasterly, a distance of 588.77 feet , along said easterly right of way line, along a tangential curve, concave to the southeast, having a central angle of 31 degrees 30 minutes 00 seconds and a radius of 1070.92 feet; thence North 31 degrees 08 minutes 01 seconds East, along said easterly right of way line, a distance of 244.66 `e`` `h= cf ►.c 7714n, u 9 c Id C 1 1 ' ' i 1.• I : 1 _ _ J J - i • — r ny 1 1 i 51 )- Ili .. 11,•° 1-:mik .. , m • C-.) Pr li fillit 1 L.1 Al,,// V.POWL.C.AY. ' V , • . & lii" - I : 1 / ie 0 ' i i ',5 ihlioni !i2 / •c L.L.1 1 i / ' -. a 1 1 1 .tolf r i- . -c)) ; f ID 1 / e A li .io .1 ..,c ,, rli , v1 / 4- AA 0 . 0, Al ° - Alit . cr) '-` 11 130Pie -q / Likt) wre -. : v . ' . ' z • h.." x�Tii jZ2SSi�SZZ' :.,-, it?.i co - � � � � 1 psi=_•l5ii .i,k �,,,i,... • .„... 1 .z IA 0 . p�� , t-, 4 D / c % 0 0 / s A :'. %%':-. „.. 0 ti t :1i1 *' V 111 1 .t-.;: 40 • 0 ,7 44i / . .\ eaitf . 00, , . Afk •?.. , , ff — - ,.b till.c.-- - . ‘S- l':>11 ' ii , / f C kt wi ;'v 4 4,,m, / -•4fro) .. �i,I .49 / TiVe#1. T / / - ovedi / ..,/ / •`': ' ",,� / // s 1 . . , pi. ... . -r / / / . / i / , - ATT�ur � 4 / jr �' I iit L 1 Y� P i z Irk 0 iI h "7 • t 1; tit A /Pi _ i 4k (p • Nr • S i -: 4 tom'~ . 04/ ' • — % <4.1o.Oa •�Y1 I S , i 1- '!bilIiIH?- 1 Ji'' . tIS iruiidIi. t;_t_l: , lid 51 , . v i tetlill!tli hit *wa vi!?1 1IIihft'y , Alk i i r::i s i i : a ;)eliVt'n'ttlt, tkltbr t 87fv�ii i°,9r 1 ir1I1111111 7 -. 11I i : I „..:_7,..4:...._il I 1111 ;II - ` I •®' 18E011111 A. 00 - 'I�I 4010.0 f ' a;210❑ him :Pa° . \ ! ! dill': a,C0D c) mar . . ' ,,,,,,.:-:.-,-.... • ii_u.. rS L i I. i =r J. li . I Ii II 1111 - � i , ,ii -.. . _. 1111 ---\J-, . ,' I ► 0,,,.:�I bfz,i _ r • -/ . c-r . :. i ' \''''' :1 111 .111 \ �i - Z \..(,-.. 1 ; :1-7--:._..,...... 0 - Liji6 / W 1 .a ,I wi F— /ai .4I�:■o❑ ■, go❑ . I■p�■- ,..,„,,,, ! I 1 . 41 , o i ., .�❑ oil ' oc 1LIN i Ill -I Mi ill -i �J i-I 11-1I U �- IMO Irl I� t .I � Li 4 WI _ a .. > MM; MI .J . W a WI • r. � DECK 1. I& • 71.11 j* KITCHEN DINING ��I I 10.01E114 J MASTER BEDROOM ,; BEDROOM II 11 ~ ' -• , u•0 10.0 , u•0 -a II `-- _, LIVING ROOM JI HALL .-0 , 1110 ` BATH k- L_A UNDR OV • it X10 O GARAGE I � I I I � _ CHERRYWOOD 1150 FINISHED SQUARE FEET MAIN LEVEL FLOOR PLAN - I I I i 1 _ - � I I I I � 71. I FUTURE FUTURE FUTURE BEDROOM 1 BEDROOM--- RECREATION • 1 ROOM L i � 1 1 W • - � 1. 11 II i1 0 • 11 MECHANIC ;;�! F�JTUR `, �1 �_-/4 BAIT r---� 1 -, UNEX+CAVATE D • • • CHERRYWOOD 1190 W4FINIIISHW SQUARE FST LOWER LEM PLAN 11 DEM 1043 2 011H1 DINETTE 1 1 s :IKITCHE ' DINING MASTER BEDROOM I :,-, o , 311-• BEDROOM ••-•.,+-o 11411.11•11 iI / \ 0 �VI/ TRAP WILT \ i -- /* - ------ R41 14ASTER 0 IS mi CLOSET . • : !L�." ` -7...) .__ HALL 1 y I' MASTER 0 I LIVING ROOM BATH L DRY o . ,.o .J IL _ . r J. a z GARAGE 21-4 . a-• -a r------ -- — — I - ROSEWOOD 1313 FINISHED SQUARE FEET MAIN LEVEL FLOOR PLAN t � I ry I � • loommmy- 1� �I ;, ,I r--_J4 I � FUTURE I FUTURE . BEDROOM I BEDROOM L_11 FUTURE 1 . \ RECREATION • 5 '^'r' ROOM • MIS , Irr=�11r--- I I i > I I l�� l' r- I FUTU - • O 314 BATH MECHANICAL o r• II \ C- II :1 . 1 •• — t UNEXCAVATED • • t ROSEWOOD 1294 UNFINISHED SQUARE FEET LOWER LEVEL Pl AN 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Senior Planner DATE: March 8, 1993 SUBJ: Schmids Acres Non-Conforming Recreational Beachlot BACKGROUND The Schmids Acre Beachlot dates back to 1914, when Schmids Acre Subdivision was recorded. There are approximately 25 homes in the association. The beachlot is 13,000 square feet in area and has 50 feet of lake frontage. The beachlot does not meet the minimum requirement of 200 feet of lake frontage nor does it meet the 30,000 square feet of area. A survey of the beachlot was done in 1981, and it showed that there was one dock, 45 feet in length, and 1 boat on the shore. There were no boats docked or moored at the beachlot. The association is requesting continued use of the dock with 1 to 2 boats being docked, one canoe rack, 2 boats being stored on land and continued use of the parking at the beachlot. The association is asking for a level of use greater than the level of use in 1981, based on the inventory done by the staff. Adjacent to the beachlot is a creek that is under the jurisdiction of the DNR. The beachlot is proposed to have a boat launch. It appears to staff that there was not a boat launch in 1981. Gary Carlson, a member of the association, has stated that when the city secured a utility easement through the beachlot, an agreement for maintenance was given by the City. The Engineering Department has stated that there never was an agreement to maintain the beachlot as part of the easement acquisition. I! �4, PRINTED ON RECYCLED PAPER Schmids Acres Beachlot March 8, 1993 Page 2 SUMMARY The association is requesting continued use of the dock with 1 to 2 boats being docked, one canoe rack, 2 boats being stored on land and continued use of the parking at the beachlot. ATTACHMENTS _ 1. Staff Inventory of Schmids Acre Beachlot 2. Schmids Acre Beachlot Application _ 3. Public Hearing Notice NON-CONFORMING RECREATIONAL BEACHLOT PERMIT SCHMID'S ACRES ASSOCIATION — 1981 Inventory — Association Schmids's Acres Association Planning Commission Request Recommendation — Lake Minnewashta Number of Homes 25 Size, square feet 13,000 — Shoreline 50' Motor Vehicle Access yes yes Off-Street Parking 5-6 10 Boat Launch None yes Buildings None Seasonal Dock 45' 45' Diagram Canoe Racks None 1 Boats on Land 1 1 — Boats on Dock None Boats Moored None Swimming Beach None yes — Marker Buoys None Swimming Raft None Miscellaneous RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Schmidts 8 homes , Lake Minnewashta 13 , 000 sq. ft. 50 ' width of shoreline Motor Vehicle Access yes yes yes Off-Street Parking no no no Boat Launch no no no Permanent Buildings no no no Setbacks Temporary Buildings no no , no Portable Restroom no no no • Picnic Tables no no no Grills/Campfires no no no Seasonal Docks 1 1 1 Approximate Length 45 ' 45 ' 45 ' Canoe Racks no no no Boats on Land 1 no 1 Boats Moored no no no Boats Docked no no no Swimming Beach no no no Marker Bouys no no no Swimming Raft no no no Comments: poorly poorly poorly maint. maint. maint. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 NON-CONFORMING RECREATIONAL BEACHLOT APPLICATION HOMEOWNERS ASSOCIATION: C k r� i c� 7s r rck_ cTs S /� � 11e , rs ct �:c� AS ; « CONTACT PERSON: l.7"-C• V y e Q v---1 5 p ADDRESS: _5s- 3 7 `D TELEPHONE (Day time) V7 y$3.5 LI TELEPHONE (Evening) : Please provide all requested data consistent with what existed in the summer of 1981. 1. Number of homes in the Homeowners Association �.J / Pc A 2 . Length of shoreland (feet) 3 . Total area of Beachlot1 -� 000 (in square feet) . � 4 . Number of docks 6. Length of dock(s) `5 ) `- r CSO ' rioo X , 7 . Number of boats docked / C� 8 . Number of canoe racks 1 9. Number of boats stored on canoe racks I 10. Number of boats moored, i.e. canoes, paddle boats, sailboats. 3 3 3 11. Number of boats on land 1 O-1 a 12 . Swimming beach Yes ,A No Buoys Yes No 13 . Swimming Raft Yes No X 14 . Boat Launch Yes X No 15 . Motor vehicle access Yes X No Number of parking spaces O — I U /4 (' 1 v 16. Structures, including portable chemical toilets: A) Q AJ E II • — ' 'Vora R..5',••r nict , Je,ve//Sis.4/avr,Olio//e, 1.A/t/ r, /now a//nee 4 dcreYreientJ�1E,re,IV/thane Sein„d fvcc S'&a4,osA Anne., /f/// r^ 2,2,..t i.re JoJcp/ r/abn,,41,,,{Y.S./r,n/Ad J'ar.a/! /.0.,..4,,,,./, I ttLis £AAA'0,4 .T.•�n_�/f !,/,,('/c•Y, f/eror.:RM.r„n. _l9 n%L' tSC rJN r.✓/fa�ISC�/n/6G rlffc(. ZCzz/,ct ,fa,7'fa — /Yli//er„%'�cresa Y/ann„ Emc/eostw .`•.l A=J• , //o onr/fers /rr fee silt/f/Je of/tiSe -Re/reclrtt)ScArn,d Es/ale,6ciroy s`Ae d rect/4efi•s/waned en ,c/t'i f - Me Sed d Sel1CdrCf Scil,nia ,'deeeeisecl/ els .Xan-4 , c C'o'rrf retort.[o./ ///c .-::M.f/eco...CvJO//,'ec of Carver Ca itinr•.., /fas-c cat-exec!/he serine 4 4e ,c,./....-eyed .rrwcZ ,fu//eta'di Acre 7-ae/s nod /o Ae /Hann ae (.cc//n/ds Acre T,ac/s:deser ed as///aw.s:,-8efinorry ai.x,2aam/ori //a atChOrw Linc S/1/141nc/redaria4r'y eq/S/(27-v )/eefFasf'G{life/Karl'ltes: C• ".ardeckoaS,• T//6/i:, h'Eset — o/'//we S pr/ne.Dae//Yeridiarr://fence East ahoy 143 crr,fc/ o/a bra tad Recta( //t,kcei/a mr c y/in .7'44/;=;e rr'oua':lrlence Sere/ /6 cleyeas cardene'n/nasi ttsr(1-0.50)tet 1J/Ae cc,i,,of me frbi,ege/is <Ana Glencoe Road: //wence Seafft 32 a/eyreess anal iiinintrhr r'esf (/94)/ C1 a/a, Center rfs�/ara'7?ouce://ence Se1/40 /0 ceey-ees arxl2A1."nine/cs East (6S:S/fee/ la /0 keM/nncwus/r/a://ence Jou7r1 49 c/eseces Gina Orin/nu/cs/vest f37si1.)fee! er/a.,y said Lafce S.Fere:diene norm rr dey,e s 'Yes/6,/S2,LJ lee•f:/fence — I / sre Ares,'(64f2/r {eel s,/.4(�eJon Line 6e/wveen sees..sande: //fence 46/14.46/14.a/oy said sec.////7e(6/S) ce lb 4e. l/ne of foe /Wand s/„1..R.A Ai bf of n y : //feIce Nbrti 'f9 rley cccs East a/ou S•urf/ieRs few/y actraolay / l y Said AryI/of try iou,saCay(869)seeef /e f/ie so•t/4 hat o!f//r. /.we tea Road: 7`.4c/Ice Teo/.1.4:(7/45f) feet 1d f!e SCe//•/r /fire anrC /ace cf'6e7-7I•n/n9 J. and'Ye /were y dedicd a Me AO ae,,ant.%cart.evye .6 f+u6lic use forever /ire"tame as.Aoru,r onffre.steonr ooj,ylotaf. //B reserve fa,lire/Jrrvar& are ore/1e Ach's yz s . rr..L 1:1.:lr CJt�ns tYr Slrw/b of/and �/ lct ware a/ +y//re Neoke ^{oaJt I c17 1/f!/%J Lift 214 6encu — er y: p�rleel: :ii wi/�ess off/:ese ;,rese,r/J Pre /7b Lade M/nnews+r/fa e2'/rLl /twev.Fcc+e Reserve oJr Me aeee.r�rrn„ .�•l . //ere✓,rfa.ie/ oser .fonds rest! Seals: _ /_TJV.Isf,SES'- - - - - - - - - - - - -1 - - -- - - - --- -- - - - - - -- - J / - -lffElD _ ._ r — .r. - — -,"4.-i..1- yVL �• . .Y,.lir_- — ,01.1 —L_yt^si / ., —r.� - 4SEAL� f r ' - - - ..,,k-_-4._ '...1r1.L•(•(-2- _ -. EAL _ .1 .rt. /t . //C••'t_L.•..: FAQ /O C . - .f6,.L W�►.V'...moi .. L-Lji✓ SFA • _.."1.:t . ._..i 1 '. ' • - -- EAo Z rfArt !L Ll2.! t .L. -. - _ - Ig,E, 1 — _• t= _. _ .1. - 3- . -—-- - - : ,,),.,t,_0_” c a1•u v- _ - _,1 t _ i 4., s _,1_ _.LL.- _ -- - -fir'" — STATE or M,NNEso rAI ss COUNTY orH[�cP/NJ - / ---_o . .i9// (e/ore me, tX /Yaiesr'Puv/!o 1/1 On th s_`r Q__day of_c ..� J /� and for scud county, Zero onu//y ct/ojoec real /iic fiersons descrk,e,r in and/ao executed the /'reyorn9 insfrufrxnf ctnd acAifo/vled9•' said execution /o:6e /,ieir/;-ee acl and deed._ . . .- - - - - - - - -/- ; . . - - - . - - - - - - - - -NOTARY_. Puec/c__ - _ - ____ _ I %ere aert/fu/y /n //aer surveyed and/u)6eri.d Inv /and dcsert'/.e..l in t//.• I.ireyos%tz , t _s-/•✓:,.,./rAn infn etre r4•acsi.. /morin as /ols and /he same are- /..vnlere.' cunsecal, • � � CITY 1 Of viCT011U - \ A , *IS ROY W. WASSOM fro .8K 91, a 422 p P n 0 8 • .� z17.is T � •�a`. 3 CCC : 5 T WILLIAM 1.1.SCHMID 7. r ...:.,,,t,.,..,.,,e 1 3 r, / O' o`� 6 ‘t.i1r x00 r w�f'+o. , �yv+ , ��.��. 1xs - MIN 4 3 2 1 �� 5 1,4sits- 90 1-1.1. 6--i- • • 04% '‘''' 00 tO , ... 13 - - 2 0 ° 3o It `y-/ r I ° s , r I �`' IP - WrcaE I 9 p r f3 r __ _ . . _ . __ ___ _ _ ..._ . ..s,-------- —vve. - - - Is% ....... .:,.. ..0.1. . _-- 5., i 63, W WEST I y N KENNETH DURR ; a lR12S, l21a332s rshorewood poke Development,Int �. I CTF. Na 16592 A I �. CTF. No. 19865 !^G� y 1 3t 2 1 Qs- W . \ g 1 ii\f! . QQ N r ... .6 10 V I i" •KIRKS, �S �i IF cb �, 'tip' / T � tilrifitt. , lie. / IN : / • ��'/9Y ..r ' O/RO „/ �N� 13,5 ;;, D I 'II �D p"ii / i 7 i a MINNEWASH A i C-E'• I` . � Io � I 2 I, LsLff nAG"ES / FIRST \I 2 . ., 13 EXHIBIT C 1 � / : s --ZAsr-- - •-6441--- -- .. _ -.1E4sr -tr//g— J9�.7- • 5••tr.•,,41 — 1 Threitabr /14 Pion* cc. 6 . Sec.J T1 as m • +.r ref • Fie Naga / '41, 2 eeav beet Lei S I. Lot o c_1 rte.tr o ..=11‘Pia.or .r .a.i(1 fort tQ.i A'-, ♦ 1 '� — JJt.41 t o T l b Z of 8 , io b tea! �' 1,Gt 43 ''•.�'', go- — e �• •p e Y TO ..:! a 22o.,r. / o o4 _ 1 10. east NA. it - . lot2 SCHMID'S ACRE TRACTS y tOV C /+ 4:: . # Loi l 1► \i1 . / kc / — y4 Olt, as4► i . — EXHIBIT B 1 1 Torrens No. 829 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND In the Matter of the Application of Dana L. Johnson and Nancy M. Johnson, husband and wife, as joint tenants, to register the title to the following described real estate situated in Carver County, Minnesota, namely: That part of Government Lot 4 and that part of the Southwest Quarter of the Northwest Quarter, Section 5, Township 116, Range 23 , Carver County, Minnesota, described as follows: Beginning at the most northerly corner of Outlot B, MINNEWASHTA CREEK FIRST ADDITION, according to the recorded plat thereof ; thence on an assumed bearing of North 16 degrees 30 minutes 58 seconds East along the easterly right of way line of County State Aid Highway No. 15 according to said plat, a distance of 266. 28 feet; thence South 42 degrees 30 minutes 00 seconds East a distance of 231 feet more or less to the shoreline of Lake Minnewashta; thence southerly along said shoreline to the northerly line of said Outlot B; thence North 73 degrees 25 minutes 00 seconds West along said northerly line to the point of beginning. Dana L. Johnson and Nancy M. Johnson, Applicants, vs. Unknown heirs of Zadock D. Spaulding, deceased, Gordon Ingersoll , Jane Louise Berkey, Jane I . Berkey, State of Minnesota, unknown heirs of Nora B. Schmid, deceased, unknown heirs of Stuart Smith, aka Stuart R. Schmid, deceased, unknown heirs of Lenore Schmid, deceased, unknown heirs of Agnes Schmid, deceased, Peter J. Schmid, Gary S. Schmid, William D. Schmid, William H. Schmid, R. Stuart Schmid, unknown heirs of Sewell Sigafoos, deceased, Ruth Scissons, aka Ruth Scisson, Roy V. Wassom, unknown heirs of Dixie Wassom, aka Dixis Wassom, deceased, unknown heirs of Frank Wassom, deceased, unknown heirs of Rome Sigafoos, Jr. , deceased, Mardee Gibbons, Ralph Sigafoos , Ruth S. Klick, Deanna Jenkins, George Sigafoos, Evelyn Brekke, Donald Sigafoos, unknown heirs of Rome Sigafoos, deceased, unknown heirs of Sophia Sigafoos, deceased, Joseph Sigafoos, Kevin Sigafoos, Linda Smith, Bruce Sigafoos, Brenda Sigafoos, Rome Sigafoos III , aka Rome Allen Gould, unknown heirs of Darryl Sigafoos, deceased, Charles F. Miller, Lillian Sanders, Benjamin Miller, Harry L. Reinshagen, unknown heirs of Amy C. Reinshagen, deceased, Aimee Reinshagen, Mrs. Harold L. Babb, Clayton S. Miller, an incompetent, by his guardian, Craig C. Miller, Eva Miller, unknown heirs of Sadie Miller, deceased, unknown heirs of Wesley Miller, deceased, unknown heirs of Benjamin W. Miller, deceased, Celia Mann, Ralph W. Miller, Jr. , Gertrude Graves, Marjorie Steeves, Ellen Bloede, Amy Roberson, Walter F. Miller, unknown heirs of Ralph W. Miller, deceased, unknown heirs of Phoebe Kanimakaoli Miller, deceased, Woodside Cemetery Association, Elizabeth Scott Matthes, Mariana Smith, unknown heirs of Estella A. Miller, deceased, unknown heirs of Charles Miller, deceased, unknown heirs of Horace P. Mann, deceased, unknown heirs of Theresia Mann, aka Theresa Mann, deceased, Helen Arnold, Permilla Hahn, Lowell Hahn, Cosette Clegg, unknown heirs of Edwin Hahn, deceased, unknown heirs of Joseph Hahn, deceased, unknown heirs of Emerenzia Hahn, deceased, Francis G. Beckmann, Georgia Miller, Norma Schmid, unknown heirs of Robert Schmid, deceased, Fern M. Flatau, Gale Schmid, unknown heirs of Anna V. Schmid, deceased, unknown heirs of Daniel Schmid, deceased, unknown heirs of Lottie Schmid, deceased, David L. Schmid, Karen Falwell, unknown heirs of David Schmid, deceased, Marcia Hannum, Cheri Gailey, unknown heirs of Donald Schmid, deceased, unknown heirs of Sarah M. Schmid, deceased, unknown heirs of Otto Schmid, deceased, Harriet Nubson, unknown heirs of Louis E. Mann, deceased, unknown heirs of Zezilia Mann, deceased, Kenneth C. Durr, Gary D. Carlson, Maureen G. Carlson, Federal Home Loan Mortgage Corporation, Twin City Federal Savings and Loan Association, now known as TCF Bank Savings fsb, Craig C. Miller, Minnesota Housing Finance Agency, State Bank of Chanhassen, City of Chanhassen, City of Shorewood, Mark Francis MacPherson, Security Pacific Financial Services, Inc. , First Minnesota Savings Bank, F.S. B. , now known as Norwest Bank Minnesota, N.A. , Mark Dwaine Schurdevin, BancPLUS Mortgage Corp. , Kathy A. Schurdevin, Dale H. Collins, Marjorie Collins, Cyrus H. Juneau, Debbie A. Juneau, BarclaysAmerican/Mortgage Corporation, Timothy J. Latterner, Sheryl A. Latterner, First State Federal Savings and Loan Association, Drake Construction, Inc. , Kevin R. O 'Meara, Robin S. O 'Meara, Farm & Home Savings Association, Denise E . Zoellmer, Jeffrey R. Berge, Norwest Mortgage, Inc. , Peter A. Krebsbach, Patricia L. Beyer, United Mortgage Corporation, Terryl F. Buisman, Christine L. Buisman, Investors Savings Bank, Robert F. Carlson, Minola J. Carlson, Clinton B. Wager, Ralph A. Nelson, Shirley A. Nelson, Metropolitan Federal Bank, Terrance L. Toll , Dawn M. Toll , American Savings Bank, Centrust Mortgage Corporation, Alvin G. Gelschus, Elizabeth A. Gelschus, and TCF Bank Savings fsb; also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein, Defendants. 2 THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to answer the Application of the Applicants in the above-entitled proceeding and to file your answer to the said Application in the office of the Clerk of said Court , in said County, within 20 days after service of this Summons upon you, exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicants in this proceeding will apply to the Court for the relief demanded therein. 251'41 * WITNESS , District Court Thomas L. Owens #121459 Administrator/Clerk of said Attorney for Applicants Court, and the seal thereof, 1512 First Bank Place West at Chaska in said County Minneapolis, MN 55402 thisuf.b day of March, 1992 . Telephone: (612) 338-2919 GREGORY M. ES Court Adm. By: ety021C e ty 3 / i �w 30_0 30 60111 F C — I SCALE iN FEET l — — _•••.\\\ .',...1•• 32 ilk N. • \ \ • 't: •?.. / i t•gy \ �`.. .J 4. a �� Z�� \ \ �- a • %•,...:4\ . i A"..,,C, ; S i I 20 O p , - \-• ? \ ,'��C! jiii RI .7s.. -•-_____Azk‘\ \ .......s.7;\ -zir. ..6 T`„ • ;\,.. ..3) -." \ 'f — n 4 t1 ▪' \� \ �. l / \ \ R\ \ 1\ AV...::\4.\c"s....\- ''''.....--...,‘sN. la or\\14 r it � ''?;4; N CJS ..ti 77[ \ \ \ / — �► D _ tit`s • S . -/7 .4) ^ ' \ 7 i ��`° i n ewe : / + ' I s r, ; / ' /L•f J� ,a , 117 43 • Q .,o r. It n 'F V 4 .\•ie`' n 47) iilL CO \PI ,, • Q C.' m + M/4 . r' t • /h QI y� \� r,.• / : • = Z r ,- � 0 y ,, / '' _ v. • / A It .•----y: . 7 - 4 a , / ` � iCv rOV`'; , •- h - �71'2C. ?oz`•OF1CJ ' S � ''SSEri F............ ,-.--, . mi SMfp* ;� `•: , , 1 ` I r fSpT4 Op�S 45Spfr CIq e,�Zr/��• Mf I7 4 EXHIBIT A MINN Ag /rC4ftT BHEIGE S PORK — NOTICE OF PUBLIC HEARING // % I. �-''2i-a'i. 1:1,77: 10'-.-T-11116;°,00 PLANNING COMMISSION MEETING ``I;/_ j�+. _ =�•N Wednesday, March 17, 1993 - 7:30 • ; C, �ur� , P.M. in .f:t:..--+:, - - ��'�w4 ay r��r t 7 City Hall Council Chambers 1, 4..,aa-i. RfIldr ai '.1 AY�r•_Wrier=_`s.a Si 690 Coulter Drive •-=crtim,�.q.:mi�.■i , ,�� / LAKE Project: Schmid's Acres Non- . yy jt Conforming Recreational %a . . ''''' ( '''"`•4MINNE WA S HTA _ Beachlot 4 Developer: Schmid's Acres Homeowners • I ' I,II,ii ik. "unh • — Z � '• t� Association I 'AIrr> A _ Location: North side of Lake `�=1�y Minnwashta �- �� , � jffama; • Notice: You are invited to attend a public hearing about a development proposed in your area. Schmid's Acres Homeowners Association has applied for a non-conforming use permit for their recreational beachlot. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this _ project. During the meeting, the Planning Commission Chair will lead the public hearing through the following steps: — 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. — 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Kate Aanenson at 937-1900. If you choose to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 4, 1993. j 3 ,(tr Gary Carlson Dale Keehl Terrance Toll 3831 West 62nd Street 3841 West 62nd Street 3851 Church Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Gary & Mary Sundmeyer Melvin Menke Jeff Berge — 3828 Meadow Ct. 3842 Meadow Ct. 3856 Meadow Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Peter Knebsbach Terry Buisman Greg Baird 3891 Meadow Lane 3861 Meadow Lane 3870 Meadow Lane — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Steve Brauchamp Kevin & Robin O'Meara Tim & Sherri Latterner 3831 Meadow Lane 3814 Meadow Court 3790 Meadow Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Michael & Karyn Schuler Clint Wager 6330 Church Road 6320 Church Road Excelsior, MN 55331 Excelsior, MN 55331 JAMES MOORE SAMUEL POTTS ERIC BAUER _ 3630 HICKORY 3628 HICKORY 3624 RED CEDAR POINT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EDWIN SEIM STEVEN KEUSEMAN KATHLEEN LOCKHART 292 CHARLES DRIVE 3622 RED CEDAR POINT 3618 RED CEDAR POINT DR SAN LUIS OBISPO CA -EXCELSIOR MN 55331 EXCELSIOR, MN 55331 93401 RICHARD SCHLENER THADDEUS SCHWABA J D KNIGHT - 200 COMMERCE CIR S 3603 RED CEDAR POINT 485 PILLSBURY BLDG MINNEAPOLIS MN 55432 EXCELSIOR MN 55331 608 2ND AVE S MINNEAPOLIS MN 55402 WYNN BINGER PAUL LARSON LUMIR PROSHEK _ 2950 DEAN PKWY #1503 3609 RED CEDAR POINT 3613 RED CEDAR PT MINNEAPOLIS MN 55416 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EMIL SOUBA BIRATA DUNDURS LINDA JOHNSON 14025 VALE COURT 3627 RED CEDAR POINT 3629 RED CEDAR POINT - EDEN PRAIRIE MN 55344 EXCELSIOR MN 55331 EXCELSIOR MN 55331 -CHARLES ANDING HELEN ANDING CHESTER LOBITZ 3631 SOUTH CEDAR 1708 E 57TH STREET 3637 SOUTH CEDAR EXCELSIOR MN 55331 MINNEAPOLIS MN 55417 EXCELSIOR MN 55331 _ LARRY VANDERLINDE ANDREW JENSEN DAVID HEMPLE 211 CHESTNUT BOX 277 3707 SOUTH CEDAR CHASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331 FRANK BOYCE CLIFFORD PEDERSEN RICHARD ANDING - 3711 SOUTH CEDAR 3713 SOUTH CEDAR 3715 SOUTH CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BASIL BASTAIN CURRENT RESIDENT KENNETH SMITH _ 3719 SOUTH CEDAR 3725 SOUTH CEDAR 3837 RED CEDAR POINT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ROBERT C OSBORNE WALTER SCHWATZ JEROME AHLMAN 3815 RED CEDAR POINT 3888 FOREST RIDGE CIR 3896 LONE CEDAR - EXCELSIOR MN 55331 CHAKSA MN 55318 CHAKSA MN 55318 JOHN MCKELLIP CURRENT RESIDENT MORRIS MULLIN - 3431 SHORE DIVE 3441 SHORE DRIVE 3451 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RED CEDAR COVE INC WENDELL SCHOTT AURETHA SMITH _ C/O D C PRILLMAN 7034 RED CEDAR COVE 7044 RED CEDAR COVE 7064 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - CURRENT RESIDENT RALPH KARCZEWSKI WARREN RIETZ 7048 RED CEDAR COVE 7054 RED CEDAR COVE 7058 RED CEDAR COVE - EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 DAVID PRILLAMAN CURRENT RESIDENT CURRENT RESIDENT 7064 RED CEDAR COVE 7068 RED CEDAR COVE 7074 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - CURRENT RESIDENT STEVEN EMMINGS RICHARD HANSON 7078 RED CEDAR COVE 6350 GREENBRIAR 6400 GREENBRIAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 _ ROBERT HEBEISEN RICHARD ZWEIG CURRENT RESIDENT - 3607 IRONWOOD ROAD 3601 IRONWOOD ROAD 6331 CYPRESS DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 FRANCIS FABER RICHARD WING WILLIAM TURNER 3471 SHORE DRIVE 3481 SHORE DRIVE 3501 SHORE DRIVE - EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 DAVE HOELKE THOMAS WRIGHT MICHAEL MORGAN 3621 IRONWOOD ROAD 3611 IRONWOOD ROAD 3734 HICKORY - EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 L 0 PARSONS CURRENT RESIDENT MARVIN YORK 3732 HICKORY 3724 HICKORY 3716 HICKORY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - ALFRED SMITH GREGORY BOHER GARY PETERSON 3714 HICKORY 3706 HICKORY 1769 20Th AVE NW EXCELSIOR MN 55331 EXCELSIOR MN 55331 NEW BRIGHTON MN 55112 ESTATE OF AHRENS HERBERT PFEFFER PER & E JACOBSON _ RT 1 BOX 284 2850 TANAGERS 2840 TANAGERS BROWERVILLE MN 56438 EXCELSIOR MN 55331 EXCELSIOR MN 55331 GENE FURY STEPHEN ORTLIP HARRY NIEMELA 2821 WASHTA BAY ROAD 14880 30TH ST SW 2841 WASHTA BAY ROAD - EXCELSIOR MN 55331 WATERTOWN MN 55388 EXCELSIOR MN 55331 - DONALD ANDERSON WAYNE HOLZER NORMAN CASPERSON 2851 WASHTA BAY ROAD 2911 WASHTA BAY ROAD 2921 WASHTA BAY ROAD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 _ ALLAN TOLLEFSON GLENN COPPERSMITH JOSEPH BOYER 2931 WASHTA BAY ROAD 2941 WASHTA BAY ROAD 3630 VIRGINIA AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 WAYZATA MN 55391 CURRENT RESIDENT SUSAN FIEDLER THOMAS MERZ - 3111 DARTMOUTH DR 3121 DARTMOUTH DR 3201 DARTMOUTH DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES GINTHER STEPHEN MARTIN PAULA & ROBIN ROETTGER 3131 DARTMOUTH DR 3211 DARTMOUTH DR 3221 DARTMOUTH DR - EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 M MOORE/K HALL WARREN HANSON CURRENT RESIDENT 3231 DARTMOUTH DR 3241 DARTMOUTH DR 6341 CYPRESS DR _ EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - WILLIAM NAEGELE CURRENT RESIDENT BARBARA WINTHEISER 4300 BAKER ROAD 3311 SHORE DRIVE 3321 SHORE DRIVE MINNETONKA MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 _ FLORENCE BISCHOFF WILLIAM MCDANIEL F DENTON WHITE 3331 SHORE DRIVE 3341 SHORE DRIVE 3351 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 HENRY ARNESON KARL VANLANGEN M POSTHUMUS & E TUSSEY - 3401 SHORE DRIVE 3411 SHORE DRIVE 3421 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JOEL ANDERSON JOHN PETERJOHN CURRENT RESIDENT 3894 LONE CEDAR 3892 LONE CEDAR 3890 LONE CEDAR CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318 TERRANCE JOHNSON EDWARD OATHOUT GEOFFREY SCHIEFELBEIN 3898 LONE CEDAR 3940 HAWTHORNE CIR 3920 HAWTHORNE CIR CHASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STATE/MINNESOTA IN TRUST JOHN MERZ/DAVID TESTER C/O CARVER CO AUDITOR 3897 LONE CEDAR 600 EAST 4TH STREET CHASKA MN 55318 - CHASKA MN 55318 CITY 0 F PC DATE: 3/17/93 L.11111.1m.milmmillimmillillimmml•millimmimim.111.1.1m111\ � �� CC DATE: 4/12/93 CASE #: 93-1 PUD � By: Olsen/v STAFF REPORT PROPOSAL: Concept plan approval to allow property zoned BG, General Business to be rezoned to PUD, Planned Unit Development I- Z - Q LOCATION: 7900 Monterey Drive - Chaska Machine and Tool, Inc. Lots 3, 4 and 5, Burdick Park - .J a- - Q APPLICANT: Doug Hanson 17001 Stodola Road Minnetonka, MN 55345 PRESENT ZONING: BG, General Business ACREAGE: 95,394 square feet DENSITY: n/a ADJACENT ZONING AND LAND USE: N - BG, vacant _ Q S - Highway 5 E - BG, Market Square/City owned outlot W - PUD, Target — w WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The site has an existing light manufacturing building with parking (f) lot improvements, landscaping and utilities. 2000 LAND USE PLAN: Commercial • j-_ +,_, :v -1 '•, .�� a L O T U S �� ----- 6900— - _ f'r N 400 r .....-',1"1"• . %�"1:` Za i.....t "- lig‘,--Pi 7 000 1 ' <ir t' • � J ^ p, ; � •_i ; ' 00 5" ' ; !--, r( p, LAKE i` N+I`'4I � Tw.NMAPLE LANE — i II J :' +n , Etir7i1P - . BASSWOOD CIRCLE ti^ • k III j 1 '13Iljtr • 7400 ? . di al pilt% uP4 . SJI . „ - _._. - rairli 1;M1%t*sy-l_1.4.6„ 4,,„- ,--3 IN•_L.,.....i..u..m# , . _ __ R. 12 l. •c'ere.... . _ 55 .. 4 it34- nu . -"4 .,____1 --_. ir , ____- , 0 6' : .. , .. ,\ .,,,s,,, I, - . , , ,t. .:z ,,,, .. _ . .......1.. n . . . 12 .- nem •7 f/, :1�- r' ° "...7 �` • 7-4 Oh" Taii num 1 =4:1-: mi die:V L-' - ---.),j plifslisig: f-,-... - _ Ilimmo- , .„ - , II 2 cc-'---. BG Iii/ P . DRIVE- .. i E. 1Mill �" - RCC% 1 ,_ Ljj L.al 1 � �, -_-- 5 1 $H : -� sT r. -AKE DRQ ii '� :65- .5 5V;tCr- CI. 00110 garli _ KR �� , /1• t = LNA��,qN • .. T.4T£S _444 ?lit • i * i M/N/SS PARK r " X11: ms r t it mi co a _ //' _' `� it= a �� t `_ 810 0 1`,,� -•. �0 i ► ;`�; ♦ . "ri • L gi • 41 to441 MO fp I siva �,1 ■i rant .11 -8200 it 7►'�'�F RlCE A . / = ` 4,...�.-1 \r �� `■I�0Ili MARSH . �1. -LAKE sRCLE - — 8-300 ! CIRCLE PARK N . , LAKE SUSAN I Ni_UD-Ft • - y jr/ y 'w_i - — —8 l Iia \\ f R/CE Ar • •SH LAKE oo I1 _ .'-, .• . ,-.\'W ,..cf i I I E.imek /------- -'+'• I West One Expansion Chaska Machine March 17, 1993 Page 2 BACKGROUND On April 16, 1973 the subject site was zoned I-1, Industrial. On June 12, 1978, the City Council approved a site plan for a Office/Warehouse/Manufacturing facility on Lots 4 and 5, Burdick Park. The site plan was approved with conditions and a variance to setback requirements (see attachment #1). The site was developed meeting the original conditions of approval. PROPOSAL/SUMMARY The applicant, Doug Hanson, was involved in the initial development of the subject site and has requested approval to expand the building onto Lot 3, Burdick Park. Chaska Machine and Tool, Inc., which is a light manufacturing facility with an employment base of 40 (30 during the day shift and 10 during the evening shift) occupies the building. The shifts are from 6:30 a.m. - 4:30 p.m. and 4:30 p.m. to 3:30 a.m. The business is a metal stamping facility and the loading dock/truck activity is minimal and only used during the day. The zoning of the property has been changed, since the previous approval, from I-1, Industrial to BG, General Business. The BG, General Business District does not permit industrial uses such as manufacturing. Therefore, the existing use is now non-conforming and cannot be expanded. There is one more lot left vacant adjacent and to the south of the existing building (Lot 3, Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Monterey, between Market Square and Target/City owned outlot . The site is bordered to the south by Highway 5 right-of-way. Staff visited the site to determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial and therefore, should be maintained as commercial. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. The only options the applicant has to expand the site is to rezone the property to IOP, Industrial Office Park or PUD, Planned Unit Development. Staff did not feel rezoning the site to IOP, Industrial Office Park was appropriate. We did not wish to open the site up to any industrial use. Instead we recommended the applicant apply for rezoning to PUD, Planned Unit Development. This will allow the proposed expansion to the facility and also allow the city to maintain control on the improvements and uses. The comprehensive plan designates this property as commercial. The comprehensive plan will have to be amended as part of the application process to designate the subject site as industrial. The first step in this process is the concept plan approval. The concept plan allows the applicant to receive direction from the Planning Commission and City Council as to whether they will approve the proposed rezoning. West One Expansion Chaska Machine March 17, 1993 Page 3 PUD The City Code requires the PUD to only be used for the use for which the site is designated in the Comprehensive Plan. As stated above, the property is designated as commercial, and if the PUD is to be approved, the Comprehensive Plan will have to be amended to designate the site as industrial. The City Code requires a minimum area of five (5) acres for a PUD unless the applicant can demonstrate unique physical features of the site. There is no way for the site to contain five acres as it is abutted by Highway 5, Pica Drive, city property and Market Square. The site is also located adjacent to the Target PUD. For these reasons, we believe it is reasonable to waive the 5 acre standard as allowed by the ordinance. The current building is 19,980 square feet and is located on two lots (Lots 4 and 5, Burdick Park). The total area of the two lots is 61,158 square feet. The building is one story and is made of square block with canopies over the entrances. There is parking located at the front and rear of the building. There is no setback for the parking to the rear of the building. This was — permitted with a variance in 1978. The applicant is proposing to expand the existing building by 12,735 square feet with a future expansion of 5,400 square feet. The use of the building and expansion will remain the same, which is Chaska Machine and Tool - light manufacturing. The expansion of the building will be of the same material, color and architectural design as the existing building. There are a total of 65 parking stalls which could be provided. Typically with a PUD, the city would require higher quality architectural design than what exists and is being proposed. Since the desire with this situation is to have the expansion match the existing building, staff would agree to the proposed architectural design. The applicant is providing for 65 parking spaces. The City Code would only require 43 parking spaces (including one for a company vehicle). Therefore, 65 parking spaces are not necessary and the applicant can remove some of the parking area and replace it with landscaped open space. Some of the proposed parking is an extension of existing parking at the rear of the building. The applicant is proposing to continue to have this parking adjacent to the westerly lot line with no setback. This area abuts open space that has existing vegetation and which will never be developed. Staff would prefer to keep the parking in this area rather than add parking to the front of the building. Therefore, staff does not object to keeping the zero setback for the rear parking. The hard surface — coverage has not yet been calculated, but it cannot exceed 70%. The landscaping plan will have to show existing and proposed vegetation and shall meet the new landscaping regulations. Outdoor storage will not be permitted. RECOMMENDATION Rezoning the property to PUD will allow the expansion of the existing use which has proven to be compatible to the site and surrounding uses. The rezoning will also allow the business to remain in the city and the development of a lot which might otherwise remain vacant if it — West One Expansion Chaska Machine March 17, 1993 Page 4 remains zoned commercial. A PUD allows the city more control over the development of the site, such as improved landscaping and site specific conditions (i.e. no outdoor storage). If the site remains as is, it is non-conforming and the city has less control over the site. Since this is only concept plan approval,staff will be recommending general conditions. More detailed review of specific plans (i.e. utilities, grading, landscaping, etc.) will take place at the next phase of approval. Planning Staff recommends the Planning Commission recommend approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit Development with the following conditions: 1. The applicant shall receive and meet the conditions of the following approvals: a. Preliminary and Final Plat approval combining Lots 3,4 and 5, Burdick Park into one lot with appropriate easements. b. Comprehensive Plan amendment changing the land use designation from Commercial to Industrial. c. Site Plan approval for the building expansion. d. Rezoning approval from BG, General Business to PUD, Planned Unit Development. 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. MANAGER'S COMMENTS: Which came first--the chicken or the egg? In this case, staff decided that the Planning Commission's thoughts and concerns should be obtained before asking the HRA if they want to sell their land. Given the battles which occurred in attempting to move Hanus, Hendrickson Dry West One Expansion Chaska Machine _ March 17, 1993 Page 5 Wall, Instant Web, FMS, etc., out of downtown; I must admit that an expansion of an industrial user is of concern. Paul advises me that those concerns can be alleviated through the PUD contract. IV)A/ ATTACHMENTS 1. Variance Contract for building. 2. Staff report dated May 7, 1979. 3. Concept plan. CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC . VARIANCE CONTRACT FOR BUILDING AT BUILDING AT PICHA DRIVE AND MANDAN DRIVE _ WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc . , a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert O. Nyen, as the proposed owner and operating entity of a 19 , 000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building" , to be constructed upon the above described tract of land . (Said corporation and said partnership are hereinafter referred to collectively as "The Applicants") ; and WHEREAS, the subject property is presently zoned I-1 , — Industrial District; and WHEREAS , the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances ; and WHEREAS , §462. 357 , Subd. 6 of Minnesota Statutes , and §22 . 02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS , a public hearing was held by the Chanhassen Board of Adjustments and Appeals on July 6 , 1978 to consider public comment on said variance requests; and WHEREAS, the Chanhassen City Council has , by its resolution dated June 12, 1978 , approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2 , subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments and Appeals, by its resolution dated July 6, 1978, approved the proposal of the Appli- cants as hereinafter set forth; and WHEREAS , the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of §22 . 02 of the Chanhassen Zoning Ordinance; -1- NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City" ) of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows : 1 . Improvements by Applicants . Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c . storm and surface water drainage, d . boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2 . Scope of Development Governed by Exhibits . The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in - conformance with that certain Site Plan dated April , 1978, Site Plan dated May, 1978 , Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction - Plan dated April 13 , 1978 as revised by the City Engineer on April 21 , 1978 , and Storm Drainage Plan dated April 13 , 1978 as revised by the City Engineer on April 21 , 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect — shadow line . Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all _. entrances to the Building. 3 . Effect of Conflicting Ordinance Provisions . The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12 . 05, 12 . 08 and 9 . 07 of the Chanhassen Zoning Ordinance. The parties — hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided , and with the exception of licensed vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- 5. Overnight Parking Requirements. No motor vehicle of larger than 9000 lbs. licensed gross weight shall be parked overnight except in parking spaces 439-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8' x 24 ' . Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1 , 1979 ; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7. Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants 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 have no control which will delay the completion of the work , the City , in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants ' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours , proposed grading elevations , drainage configurations , storm water drainage configurations , spot elevations , proposed access driveway road profiles , location and candlepower of all illuminaries , and locations of exterior trash storage areas . 9 . Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable city ordinances. -3- 10 . Landscape Plan. The Applicants agree to prepare and submit — to City staff a final landscape plan which shall include location, type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed berms . — No landscaping permit shall be issued and the Applicants shall perform no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement of Costs. The Applicants shall reimburse 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 with- in contract, and the performances thereof by the Applicants . — 12 . Performance Bond.- For the purpose of assuring to the City that the improvements to 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 agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants — agree to furnish to the City a cash deposit in the amount of $15, 000 .00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc. , the City Engineers . 13 . Public Welfare . The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. — 14 . Screening. All trash areas, mechanical equipment, compressors and air conditioning equipment, including roof top equipment, shall be screened from view from West 78th Street, Mandan Drive, and Picha Drive. — 15 . Nuisance. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise. The — proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 16 . Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the Applicants. 17 . Other Regulations. The Applicants shall comply with all City Ordinances, state laws, and regulations of state agencies and depart- ments . -4- 18 . Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19 . Erosion Control . The Applicants, at their expense, shall provide temporary dams, earthworks, or such other devices and practices, _ including the seeding or sodding of graded areas , as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20 . Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Applicants , the Applicants ' contractors or subcontractors , 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 agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants 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 . 21 . Written Work Orders . The Applicants shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for com- pensation for work or materials so done or furnished. 22 . Liability Insurance . The Applicants shall take out and main- - tain, until the time of completion of the Building and the improvements described in ¶1 above, 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 their 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 Applicants shall file a copy of the insurance coverage with the City . 23 . Remedies Upon Default. a . In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects , may cause any of the improvements described in tl above to be constructed and installed, and may cause the entire cost thereof , including all reasonable engineering , -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such - improvement within thirty (30) days after its adoption. App- licants 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 lien on all of Applicants ' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- close said lien in the manner prescribed for the foreclosure of mechanic 's liens under the laws of the State of Minnesota . b. 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 hereunder , to collect, pay or reimburse the City for 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 condi- tions creating the emergency . c. 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 variance contract, to restrain or - abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24 . Address of Developers . The address of the Applicants for - purposes of this development contract and for purposes of notice under this contract shall be: Box 207 , Chanhassen, Minnesota 55317 . 25 . Successors and Assigns . It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective successors and assigns . IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on this day of , 1978 . CITY CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC . ea By : ••� By ' /; �� , :< Mayor Its ATTEST : 7 �` And 4 . i- /.. City Manager is r I- ,% -6- WEST I PROPERTIES ( Je f E'. Swpolund, a Partner Roxanne Swedlund; a Partner - / (/ / Douglas' M. Hansen, a Partner • 1 c . . � • � 4' / L t . Beverly J. .�4ansen, a Partner ;%f 1/ Thomas A. Klingelhutz, a/Partner . / / Catherine M. Klingelhutz, a Partner i !. T ) 1, �r Rol*rt 0. Nyen, a Partner STATE OF MINNESOTA ) ss . -' COUNTY OF (;arts-w%./ ) On this /L zx day of yh..et.- , l971, before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation Notary Pu is LJ ;• � KAREN J. ENGELHARDT -7- 10 NOTARY PUBLIC-MINNESOTA CARVER COUNTY Oo•,r.iss,-^ ' ,.res Oct. 11.11116 vim. STATE OF MINNESOTA ) — ss . COUNTY OF On this day of , 1978 , before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ss . COUNTY OF ; ;.� _ 'v ) On this day of 7-};'c. , 1979, before me, a notary public within and for said cdunty, personally appeared JEFFERY E. SWEDLUND, to me personally known, who being by me duly sworn did — say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. _ Notary Public STATE OF MINNESOTA ) ss. COUNTY OF n �� L ) On this " day of '7/-1,14- , 1979, before me, a notary public within and for said comity, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, and she acknowledged to me that such partnership executed the same. a • Jvlt•'r-tk ,07- Notary Public STATE OF MINNESOTA ) ss . COUNTY OF t*'^Z btu - ) On this b day of )); u 1979, before me, a notary public within and for said coun€y, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that — he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. Notary Public /: -8- STATE OF MINNESOTA ) COUNTY OF L c� t v ) ss . _ On this S day of `]7-7 C44� , 197,, before me, a notary public within and for said county, personally appeared BEVERLY J. HANSEN, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- -- ment and she acknowledged to me thatsuch partnership executed the same. •tel-exJ a . �✓42., ,,t_e?Notary P ` STATE OF MINNESOTA ) ss . COUNTY OF ew W`t/ ) On this C.- day of 77)c cy- , 1979, before me, a notary public within and for said county, personally appeared THOMAS A. KLINGELHUTZ , to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such partnership executed the same. STATE OF MINNESOTA ) Notary Public ) ss . COUNTY OF ) On this G day of 7)^iti , 1979, before me, a notary public within and for said county, personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. Notary Public _ STATE OF MINNESOTA ) ss . COUNTY OF ) On this /!sem day ofy��: - , 197, , before me, a notary public within and for said county, personally appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru- ment and he acknowledged to me that such partnership executed the same . Ndtary Public KAREN J. F'�u�IHARD7 •;?"44,;• - M'NNESOTA { 1,(ll�jjj :F- COUNT l j Cpmmise' � 'es Oct. 11,1405 -9- � — HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND MANDAN DRIVE EXHIBIT A Lots 4 and 5, Block 2, Burdick Park Addition, according to the map or plat thereof on file — and of record in the office of the County Recorder in and for Carver County, Minnesota . -10- CITY JF CHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 action py COI Mailmilt1367 PLANNING REPORT E"d0 rsed DATE : May 7, 1979 �`:.�-----r.— pet: pito c,hr7;ttd to Commis TO: City Manager, Don Ashworth Gcnc� FROM: Assistant Manager/Planner, Bob Waibel �''� � SUBJ: Development Contract Amendment Request, H & K Warehouse, Burdick Park APPLICANT: Hasen and Klingelhutz PLANNING CASE : P-481 Petition The applicants are requesting to amend Sections 4 and 5 of their proposed development contract with regards to overnight motor vehicle parking. As shown in the attached planning commission minutes of April 4 , 1979 , the planning commission moved to recommend that "the council amend the development contract, item 4 be amended to read licensed vehicle parking, item 5 increased the weight restrictions from 7 ,000 to 9 , 000 lbs for overnight parking on the east and south , that outside storage be confined to the west side of the building with no storage of vehicles larger than 3 x 20 feet. " This office recalls that during the site plan review of the subject proposal , the plans were presented in a manner indicating that the bay doors on the building were designed so that they could accomodate various types of construction equipment mounted on trailers. Based upon the concerns of the planning commission during site plan review regarding the issues of storage and parking on the subject property, and the fact that many service vans and pick up type vehicles are licensed at 9 , 000 lbs. , I recommend that Section 5 of the development contract be amended to read that no motor vehicle larger than 9 , 000 lbs . licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 : 00 a.m. and 6 : 00 a.m. on any day. Furthermore , I recommend that all vehicles to be stored overnight shall be self propelled light duty over the road vehicles, and that permission be restricted to the west property line only. ,_ :b. CITYOF ,4.,, - :.: t, _ \ t i • i -. CHANHASSEN .... .:F_= 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 — (612) 474-8885 PLANNING REPORT DATE: April 2, 1979 — TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Development Contract Review for H & K Warehouse — APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-581 — This item was before the planning- commission at it's regular February 28, 1979 , meeting, at which time the planning commission wanted staff to look at alternative amendments concerning the overnight parking at the H & K warehouse site in Burdick Park. From an administrative standpoint, I believe that staff is not authorized to enter into — amendment negotiations until the city council so directs that the development contract mightbe amended. What is needed at this time, is a polling of the planning commission, and a motion resulting from that polling stating how and if the development contract should be amended. This motion will be submitted concurrently with the staff recommendation to the city council for r their consideration. Based upon the recollection that the initial plan proposal, was pre- — sented so as to indicate -that the door bay heights were adequate to clear equipment on trailers, I recommend that section 5 weight restrictions be increasedto vehicles no larger than 9 ,000 lbs. , — that this provision apply only to the western side of the property, and that the vehicles eligible for overnight parking shall be self- propelled light duty over the road vehicles. CITY OF 11;11ilfrCHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: February 28 , 1979 TO : Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ : Development Contract Amendment Request APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-481 Attached hereto you will find the letter of amendment request of behalf of Hansen and Klingelhutz and involved section of the development contract. As stated in section 5 , no motor vehicle larger than 7, 000 lbs . be permitted to be parked at the site between the hours of 2 : 00 a.m. and 6 : 00 a.m. on any day. The second page of the Hansen and Klingelhutz letter of January 18, 1979 , appears to imply that a business leasing must have the right to park a truck, trailer and equipment if need be . The attached planning commission minutes of May 10 , 1978 , state that materials will be stored outside but vehicles may be parked outside and that an adequate development contract controlling the visual quality of the grounds should be implemented. From my recollection, I believe that it was also stated at site plan review that bay doors of the structure were desiged as such to allow equipment of tenants to be stored indoors overnight. It is for these reasons , that I recommended that section 5 of the development contract be amended to read that no motor vehicle larger than 9 ,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 : 00 a.m. and 6 : 00 a.m. on any day . Furthermore the motor vehicles to be stored outside shall be self-propelled light duty , over the road vehicles . i s">_41 ''fi am: C4 AJrrinistr fcr lr5Peietrad To: • ti, MjrCra. - COURtil • A!:�J'n'Y HANSEN & su 1�cesu.sr KLINGELHUTZ ;3 6 construction construction, inc. Stfect liasrt, Utiiiiies Press DATE: January 18, 1979 Date /7=7—u 7 TO: City Manager, Don Ashworth AND the City Council FROM: Hansen & Klingelhutz Construction, Inc. — SUBJ: City Development Contract for Industrial Building on Mandan Drive Upon reviewing the City contract for our industrial building on Mandan Drive in Chanhassen and having some experience in the leasing process of the building, we find that we cannot live with the restriction as stated in item 5 (overnight parking prohibited). We would like you to reconsider this portion with the following changes: 1. Change 7000# to 9000„ gross weight so it may include all vans and pick up trucks commonly licensed at 9000;;. 2. Change this overall restriction to apply to vehicles in the front area of building only-not to include parking restrictions on the side or rear of our private property. _ I recommend this for the following reasons: 1. Many ordinary vans and pick ups are licensed for 9000#. 2. By changing the restriction to apply to the front of the building only,you will still accomplish what I think you are intending to do, which is keep the appearance of the site in front neat and clean looking with no large vehicles • parked in front. The rear and south of the building will be screened by the building itself which is approximately — 18' high. 3. We are completely screened in the rear by the woods which I assume will likely remain. The tree line is an asset of great value especially along .the lot line to whomever owns the property. cont. — 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 HANSEN & KLINGELHUTZ construction, inc. Industrial Bldg. Contract cont. Page 2 We request this change not because we expect a mess but because a business leasing here must have the right to park a truck, trailer, equipment if need be. This should be a lessors right in Eden Prairie, Edina, Chanhassen or wherever. I assure you, backed by our reputation in dealing with you in the past, that our building and site will be kept neat and clean in front and back with no trace of junked cars or trucks etc. as seen in other parts of Chanhassen. Please consider this seriously since it is very important for us to succeed in leasing the building. I hope you will approve this change and we will do our part in policing our parking so the overall appear- ance is pleasing. Sincerely, 141. 4'.. • ty1/171k5 Douglas N. Hansen Thomas 0. Faingelhu tz • 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 Planning Commission Meeting May 10, 1978 -7- - SITE PLAN REVIEW - nANSEN & KLINGELHUTZ : Ton. ..ling elhutz , Doug Hansen, Jim Hawks , and Jeff Swedlund were present . H. & K. are proposing to construct a 19 , 800 square foot office/warehouse facility on Lots 4 and 5 Burdick Park. The property is currently zoned I-1 and is shown on the HRA plan as General Business . Sewer and water are available to the property. The proposed building has seven 30 ' x 90 ' bays and approximately 600 square feet of that will be office . Seventy-six parking spaces are shown but some may have to be eliminated near the loading dock. No materials will be stored outside but vehicl -s may be parked outside. The building will be eight inch concrete block with a fractured block band along the top for decoration. Walter Thompson moved to recommend the Council look with favor on the Hansen and Klingelhutz office/warehouse facility subject to : 1 . That an adequate development contract controlling the visual quality of the grounds be implemented. 2 . That the proposed rear yard setback be allowed as submitted . 3 . That parking up to the westerly property line be permitted. 4 . That the clear aisle widths by the loading docks be increased to meet ordinance standards . 5 . That the loading dock width be increased to 12 feet . 6 . That the berm at the north access on Mandan Drive should not exceed 22 feet in height. 7 . That more detailed information be supplied concerning the outside storage facilities . 8 . That information regarding the architectural treatment of the building be furnished. 9 . That plans for signage be submitted for Sign Committee review. 1, 10 . The developer submit a lighting plan for review by the Planning - Co:.uuis sion. 11 . The front yard setback is 23 feet. The ordinance calls for a 30 foot front yard setback. - 12 . The developer consider 45° angle parking along the west property line. The Guide Plan and CBD Plan show the area to the west to be something other than R-1A, therefore, the Planning Commission recommends a side yard variance be granted. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Bridger and unanimously approved. Meeting adjourned at 12 : 30 a.m. Don Ashworth City Manager - (:_ NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City" ) of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows : 1 . Improvements by Applicants . Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c . storm and surface water drainage, d . boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits . The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April, 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21 , 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building . 3 . Effect of Conflicting Ordinance Provisions. The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12 . 05, 12 . 08 and 9 . 07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided , and with the exception of motor vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building. -2- 1 : 5 . Overnight Parking Prohibited . No motor vehicle of larger than 7, 000 pounds licensed gross weight shall be parked or stored outside of the Building on the subject property between the hours of 2 : 00 o' clock A.M. and 6 : 00 o 'clock A.M. on any day . The Applicants acknowledge that their acceptance of the foregoing restriction was the keystone to the City' s action approving the variances requested by the Applicants , and further acknowledge said restriction must be • strictly complied with and may be enforced by the City in proceedings at law or in equity. 1 1 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in 112 _ above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space . i b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the Building . - 7 . Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the_ satisfaction and approval of the City on or before ,�ciC: / , 197 . The Applicants 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 have no control which will delay the completion of the work, the City, - in its discretion, may extend the date hereinbefore specified for completion . 8 . Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the Building until the Applicants ' final grading plan has been reviewed by City i staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed f grading elevations , drainage configurations , storm water drainage 1 configurations , spot elevations, proposed access driveway road profiles, i location and candlepower of all illuminaries, and locations of exterior 1 trash storage areas . 1 9 . Sign Plan . The Applicants agree to prepare and submit to the 1 City a sign plan, which shall include location, type, and dimensions of s all proposed exterior signs . No exterior signs shall be erected and no - s sign permit shall be issued until after said sign plan has been reviewed ' by the City for purposes of verifying that said sign plan is in confor- i mity with applicable City ordinances . _ 1 1 -3- _ Planning Commission Seting April 4 , 1979 -3- from Chapparal would be reduced from about 113 cfs prior to development to 54 cfs after development. The Engineer is engaged in a study 4 to determine whether this reduction in flow is enough to eliminate the existing erosion problem in the creek. Additional controls within the Chapparal development are not recommended. The storm sewer system has adequate capacity except that a second catch basin should be added in the most southeasterly cul-de-sac . The watermain in Kerber Blvd. should be 18 inch instead of 16 inch. The slopes on the pond should be 3 : 1 or possibly 4 :1 for maintenance and safety reasons . Pat Swenson moved to recommend the Council grant final approval of the plat as proposed with the shifting of the boundary of the second addition to encompass the southern boundary of the road (Exhibit A, Road A) and subject to the conditions of staff . Motion seconded by Mal MacAlpine and unanimously approved. DEVELOPMENT CONTRACT AMENDMENT - HANSEN AND KLINGELHUTZ , BURDICK PARK : Tom Klingelhutz and Doug Hansen were present requesting amendments to items 4 and 5 in their development contract. Mal MacAlpine moved to recommend the council amend the development contract, item #4 be amended to read licensed vehicle parking , item #5 increase the weight restriction from 7 ,000 to 9 ,000 lbs. for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 20 feet. Motion seconded by Jerry Neher and unanimously approved. MC GINN LOT SPLIT; LOT 4 , BLOCK 1, HARVIR HILL : Mr. McGinn is seeking approval to subdivide Lot 4 , Block 1, Harvir Hill into two lots . Pat Swenson moved to hold a public hearing on April 25 , 1979 , to consider the lot split conditioned upon receipt of an abstractor ' s certificate by April 9 . Motion seconded by Mal MacAlpine and unanimously approved. THE BALTIC COMPANY - SITE PLAN: The Baltic Company is requesting rezoning of Lots 1 and 2 , Minnewashta Park from R-1 to C-1. The property currently is the site of Cermak Sales and Service. Reynold Roberts , representing the owners, gave a presentation. They are proposing to remodel the existing building into an office building. The remaining structures and equipment would be removed from the property. Eleven parking spaces would be provided on the east side of the building. The Baltic Company would be the owner/user of the building. The Assistant City Attorney asked for vertification of ownership of the property. Mal MacAlpine moved to hold a public hearing on April 25 , 1979 , to consider rezoning from R-1 to C-1 subject to proof of ownership. Motion seconded by Jerry Neher and unanimously approved. r 5, CITY 0 F 01 1°1 4 I 11 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Senior Planner DATE: March 8, 1993 SUBJ: Dock Setback Zoning Ordinance Amendment PROPOSAL The Planning Commission had this issue on their agenda on August 5, 1992. This item was tabled because staff felt the proposed amendment needed some modifications before the Planning Commission could make a recommendation to the City Council. As the city has gone through the non-conforming recreational beachlot process, there has been a lot of confusion as to what the dock setback zone means. The definitions section of Chapter 20 and Chapter 6 of the City Code states that dock setback zone means: "That portion of any lake lying within one hundred (100) feet of the ordinary high watermark and which is bounded by the extended side lot lines of any lake shore site, and by a line inside of and running parallel to and ten (10) feet distant from extended side lot lines of any lake shore site, as measured at right angles to the extended side lot lines." Much of the confusion raised during the public hearings was how far the lot lines extend out into the water, and are the lines extended or do they run at right angles. Failure to run the lines at right angles produces overlaps in dock setback areas as illustrated on an attached map. This stems from extensions of angles of property lines on shore. The City Attorney has recommended new language to state that the lot lines would be extended at right angles a distance of 100 feet into a lake. Staff feels that this would be much easier to interpret and enforce violations of the recently adopted 10 foot dock setback zone. In addition, there are circumstances where the 10 foot setback may not be achieved. These exemptions from the standards would be in situations where there is a common dock between property lines, and where there is a wetland and the city has requested that in order to minimize the impact to the wetland, the dock setback may be less than 10 feet. tPRINTED ON RECYCLED PAPER Planning Commission March 8, 1993 — Page 2 RECOMMENDATION — Staff would recommend to the Planning Commission that the proposed amendment to Sections 20-1, 6-1 and 6-22 of the Chanhassen City Code concerning dock setbacks be amended as per — attached proposed ordinance. ATTACHMENTS 1. Zoning ordinance amendment. 2. Map illustrating setbacks. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 AND CHAPTER 6 OF THE CHANHASSEN CITY CODE CONCERNING DOCK SETBACKS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 20-1 and Section 6-1 of the Chanhassen City code are amended by amending the definition of "dock setback zone" to read as follows: DOCK SETBACK ZONE: Dock setback zone means the area inside and running parallel to and — ten(10) feet from the extended lot lines of a lot abutting a lake. "Extended lot lines" means an extension of the side lot lines 100 feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap, then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap. Exemptions from dock setback: 1. A wetland alteration permit issued by the city stipulating the location of a dock. _ 2. A common dock between two adjacent property owners located on the property line. _ Section 2. Section 6-22 of the Chanhassen City Code is amended by adding subparagraph (c) to read as follows: (c) On or before June 1, 1993, all docks not already conforming to dock setback requirements must come into compliance with dock setback requirements. Section 3. This ordinance shall be effective immediately upon its passage and publication. — PASSED AND ADOPTED by the Chanhassen City Council this day of , 1993. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1993.) \ . . .",v.,\<\\ \ I _ • \ I / / r - --......1 \ I / //".: <(21 . ----------Ni AA\\ \\*51 ...\\ _ L --___ _ - -j _ _. . - - 1 j ', 0 _ _ I I CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 3 , 1993 Chairman Batzli called the meeting to order at 7:35 p .m . MEMBERS PRESENT: Joe Scott , Brian Batzli , Nancy Mancino , Ladd Conrad , Jeff Farmakes and Matt Ledvina MEMBERS ABSENT: Diane Harberts STAFF PRESENT: Paul Krauss , Planning Director ; Kate Aanenson , Senior Planner ; and Sharmin Al-Jaff , Planner I PUBLIC HEARING: SITE PLAN REVIEW FOR A 16,410 SQUARE FOOT OFFICE/WAREHOUSE FACILITY ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK AND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PARK PLACE AND PARK ROAD, LOT 3, BLOCK 1 , CHANHASSEN LAKES BUSINESS PARK 5TH ADDITION, MARK UNDESTAD/EDEN TRACE CORPORATION, TECHNICAL INDUSTRIAL SALES. Sharmin Al-Jaff presented the staff report . Chairman Batzli called the public hearing to order . Mark Undestad: I 'm Mark Undestad with Eden Trace . Brought this back a little bit ago . What we 've gone through , I wish we would have brought the first time . This design is more what we like to put out here . . .very nice looking building . Batzli : Okay . Did you , apparently the staff is making some requests . Have you seen the staff report , and do you agree with those changes? Mark Undestad: Yes I have and actually we 've already made the changes . . . We 've staggered the trees along the front there . We 've added some . . .to go back here . . . Batzli : Sharmin , do these changes that he 's showing us right now comply with what you were talking here earlier? Al-Jaff : Yes . .- Batzli : Okay . So this is the final plan we 're looking at? Al-Jaff: Correct . Batzli : Okay . Okay , we may have some additional questions for you later as we go around among the Commissioners . Thank you . This is a public hearing . Is there anyone else present that would like to address the Commission on this issue? If there is , I 'd like you to come up to the microphone and give us your name and address before you address the Commission . Is there a motion to close the public hearing? Conrad moved , Scott seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Batzli : Ladd , do you want to start off? Planning Commission Meeting March 3 , 1993 - Page 2 Conrad: Nothing . Batzli : Nothing? Okay . Scott : I think the City staff is fine with the changes . We spent quite a bit of time last meeting going through this so I have no comments . Batzli : Okay , thank you Joe . Jeff , you came in late . Let me come back to you in a minute . Nancy , do you have any comments? Mancino: I just want to say that I like the additions and that I did go — to the building that you developed in Chaska and saw the Mankato Rehabilitation Center . It was quite nice . I really liked it . I liked the way the scale and the proportion of the building and your uses of materials in the existing block with those other two Chaska brick buildings . I thought it fit quite well . So I 'd just like to say that I saw it and I like it . Batzli : Jeff , you were here last week and they 've made some changes that are reflected there . I don 't know if you 've had an opportunity to look at those but . _ Farmakes : I have no further questions . I reviewed the plan . I think they responded to our comments . Batzli : Okay , very good . And I have nothing else here . So is there a motion? Scott: I 'll move that the Planning Commission approve Site Plan Review #93-1 as shown on the site plan dated February 22 , 1993 subject to the conditions numbers 1 thru 6 as set forth in the Planning Commission packet,_ of February 24 , 1993 . Batzli : Is there a second? Mancino: I 'll second . Batzli : Is there any discussion? What 's going to happen when it goes to — City Council I assume is that these are incorporated into their packet and so some of these conditions go away . Is that right? Al-Jaff : Correct . Batzli : Okay , they can handle that then . Is there any other discussion? Al-Jaff: We will send it to the City Council this coming Monday , the 8th . And at the last meeting we agreed that the applicant would pay Nann to type the Minutes overnight so that we would have everything in . Scott moved, Mancino seconded that the Planning Commission recommend approval of Site Plan Review #93-1 as shown on the site plan dated February 22, 1993 , subject to the following conditions: — Planning Commission Meeting March 3 , 1993 - Page 3 1 . The applicant shall submit a detailed drawing of proposed signage . A separate sign permit is required . 2 . The applicant shall obtain and comply with all conditions of the Watershed District permit as outlined in their attached memo dated February 4 , 1993 . 3 . All disturbed areas should be seeded or sodded immediately upon completion of the parking lot . The City 's boulevard along Park Road must be sodded . Vegetation along the north shall be replaced with a mix of conifers and deciduous trees . 4 . The northwesterly parking space shall be striped to allow trucks to back-up into the space . The most northwesterly stall shall be deleted . 5 . Connection to the City 's storm sewer system shall be in accordance to City standards . City staff shall inspect and approve the storm sewer connection prior to extension onto the site . The applicant 's contractor shall contact the City 's Engineering Department for an inspection 24 hours in advance of the proposed work . At the time of building permit issuance , the applicant shall escrow $500 .00 with the City to guarantee the proper installation of the storm sewer and payment of any inspection fees incurred by the City . 6 . Meet all conditions of the Fire Marshal as outlined in his memo dated January 26 , 1993 . All voted in favor and the motion carried. ( Matt Ledvina was not present to vote on this item . ) _ APPROVAL OF MINUTES: Chairman Batzli noted the Minutes of the Planning Commission meeting dated February 17 , 1993 as presented . CITY COUNCIL UPDATE: Batzli : Kate , do you want to do a report from the Director or do we want to get Paul down here? Aanenson: Stone Creek received final plat approval for the first phase . The development contract was pulled . It will be on for the meeting next _ Monday . Gateway East was also approved by the City Council . That 's the Hanus building . That 's clearing up the lot lines based on the Rapid Oil . Interpretation of the conditional use , that was quite a lengthy discussion at the City Council meeting . I think what the Council felt was that there needed to be some interpretation and gave time for the applicant to come back and go back through the process and do some more research on exactly what the history of that was . Batzli : This wasn 't the one where they were going to store telephone utility poles on the site was it? Planning Commission Meeting emoof March 3 , 1993 - Page 4 Aanenson: Well , there was a question as to whether or not there 's been — continuous use of the property since the building was never done and it was alleged that the building wasn 't put up because the Building Department made certain requirements of Code and it was a rather lengthy — matter . Their attorney representing them . The Council decided that they needed time to look at this again . They even talked about getting another 6 months to review it so they asked that it be brought back and we do more staff research on it . Exactly what happened on that . The Abra/Goodyear , '- that item was tabled . Kind of moratorium issue kind of came up again . The Council I met tonight to talk about the Highway 5 Task Force . Where it 's going . How long it 's going to take . — Batzli : They tabled it again? Aanenson: Abra . They didn 't even consider it last Council meeting . It 's going to be on , not this Monday because we didn 't put it on based on the fact that they were meeting tonight in a work session . They 're meeting right now to talk about how long it 's taking with the Highway 5 . Rearranging priorities to make sure that Task Force can move along . Batzli : I attended the first moratorium meeting . This is after that one?— Aanenson: Right . They didn 't go forward with that but they did give the staff some direction . They may go back and do , they talked about _ temporarily doing an overlay zone or maybe rezoning everything PUD . Even looking at , I think what the final consensus was was putting in a , looking at all the conditional uses or making conditional uses , that seemed to be the sore thumb was fast foods and auto related services so they 're asking — staff to look at that and come back and making those conditional uses so there 's more control there . Because it was felt , even with the PUD or the overlay zone , yeah you can make it prettier but the use is still there so — that doesn 't really solve the problem . And also we felt as a staff , we really need to look at the whole corridor . We can 't really go back . They wanted the staff to come forward with specific pieces of this done . We felt uncomfortable doing that because the whole study is really , each — piece is a part of the bigger puzzle and we 're not sure how it all relates together and we felt it really needs to come together as a comprehensive package to you and to the Council so I think that 's what we 'll be looking — at and they want that on the next , not this Monday but 2 weeks from next Monday in March . The second meeting in March to actually looking at the conditional uses . Maybe making fast foods and auto related conditional uses . So maybe we can say , maybe it 's appropriate here but not at this — location kind of thing . That was a directive tonight . Boley . The City Council recommended approval of that preliminary plat . Again , that 's contingent upon what Victoria does so that was going to sit until we get a— recommendation from Victoria . School acquisition site , that was tabled . There was concerns raised by Councilman Senn . Again , that 's something that Council 's meeting on tonight too , talking about that . And Moon Valley litigation . Paul was in Court on that last week . Still waiting to see what happens as far as with Judges . Ledvina : I had a question on that . Did they ever excavate the clay? -' That was the last proposal that we heard . Planning Commission Meeting March 3 , 1993 - Page 5 Aanenson: It 's my understanding he 's going forward in saying , to balance the site he needs to excavate from the other side . Ledvina: No , but we had a specific proposal in front of us for the excavation of 200 ,000 yards of clay . Batzli : From the northern side? Ledvina: Yeah , on the northern side and then they were going to redo those ponds . Did that ever happen or no? Aanenson: I 'm sorry Matt , I 'm really not sure on that . My only _ understanding is that to balance it he needs to work both sides and we 're saying no . He can 't work both sides . Batzli : We approved it . Ledvina: No we didn 't . Batzli : It went to Council without with our approval? Ledvina : No . It didn 't even go to Council . I think we sent it back to the staff to iron out some questions . I think you had some questions on ground water contamination . Batzli : No , it got up to Council . Ledvina : Did it? Farmakes: I wanted to see it back and I was in the minority . Ledvina : Okay . So it did get sent up? Batzli : Yeah . Aanenson: And it was that they could only work the one side and that 's what he 's contending now . That he 's found he needs to balance it and so that 's why we 're back in court trying to get that resolved . _ Batzli : Okay , thank you . We have administrative approvals , and I assume that we have none to talk about tonight . We 're going to , with permission of the other commissioners , jump over our open discussion items for just a minute because the Council isn 't down here and Paul isn 't and I assume they 're going to be involved . Were either of these other two things in the pack to the Highway 5 Task Force . The letter from Don , Mayor Chmiel . What is this about? I don 't understand . Aanenson: Well what happened on that is , you 'll be hearing more about that tonight . That 's part of what we ' ll be talking about , the northern frontage road alignments . The Task Force made a recommendation as to the alternatives and in looking at that , the staff felt , and in speaking with the consultants , that maybe there was a possibility for some crossovers . We ' ll be talking about that in more detail tonight and I think that Jim — was feeling that the staff kind of usurped the Task Force in going ahead Planning Commission Meeting March 3 , 1993 - Page 6 and making some alterations to that . And then there was also some concern— about the direction the Task Force was going in itself . That meeting was kind of bounced all over the place . I think we 're kind of back on track . The last meeting we put together some goals and policies . Maybe Nancy can_ comment or Jeff , that were at the meeting . And we felt that we were kind of back on track . We realized that by not having goals and policies , everybody didn 't have a clear understanding of where we were going and what we 're trying to accomplish and I think our last meeting , I got a lot of positive feedback and I think we 're kind of back on track . So we put that in here so you can see what the status of that . I think that was what the Council was also concerned about . Making sure that we do have a _ clear purpose and we 're sticking to the task at hand . Farmakes: I think part of the problem perhaps might have stemmed from the fact that there is a subgroup within the Commission that had been working on it for a year . And they , in their own discussion , for some of the catch words , Main Street and so on , perhaps discussed it among themselves but in using it in discussion among the larger group , was much more subject to interpretation and I think that there was some confusion as to what the overall goals and policies were . But in the issue of the EPA study here , I think that occurred when we were trying to eliminate some possibilities of route and there were some crossover areas from the top to the bottom . You can see where they cross over . I believe , correct me if I 'm wrong but I believe what they said was , you have to pick one or the other and the issue was , that you may like part of one . Like the "' crossover to the upper one but the problem was , is that the way they worded it , you couldn 't consider the crossover . You had to pick one from Column A or one from Column B . That 's where the problem arose . I think — Paul responded to that . Basically we 're talking about a half of block worth of difference of physical space . I mean it wasn 't , if you were looking at it as an EPA study , it probably wasn 't going to be a _ significant difference . If it would work for one than studying the other . Aanenson: That 's really the heart of the Highway 5 discussion that we ' ll be having in our open meeting . The consultants will be here to talk about those two alternatives . Batzli : Okay . Don needs to upgrade his address . Jim doesn 't live in my neighborhood anymore . Okay . Aanenson: If you 'd like , I think the consultants would like a chance to maybe pull some of the things around . If you 'd like to maybe take a minute and look around and rally the troops . They 've got a lot of information to maybe look at before they start their presentation . Batzli : Okay . So we will take about a 3 minute , 5 minute break here . ( The Planning Commission took a break at this point in the meeting to review the information on the frontage road alternatives along Highway 5 . Chairman Batzli turned the meeting over to Vice Chairman Conrad at this point . ) Planning Commission Meeting March 3 , 1993 - Page 7 INFORMATIONAL MEETING REGARDING PROPOSED ALTERNATIVES FOR A FRONTAGE ROAD NORTH OF HIGHWAY 5 BETWEEN POWERS BOULEVARD AND HIGHWAY 41 . Public Present: Name Address Barry Warner Barton-Aschman Assoc . Deborah Porter Barton-Aschman Assoc . James Unruh Barton-Aschman Assoc . Jay Dolejsi 6961 Chaparral Lane Vernelle Clayton 422 Santa Fe Cricle WIMP Gene Borg Highway 5 Task Force Thomas J . & Sharon Eischens 7460 Hazeltine Blvd , Excelsior Pat Kerber 1620 Arboretum Blvd , Chaska _ Doug Kunin Eckankar Marlene Bentz 7300 Galpin Blvd . Mike Gorra 1680 Highway 5 Ray & Lisa Notermann 1450 Arboretum Blvd . Paul Krauss presented the staff report on this item and then Vice Chairman Conrad asked for the consultants to give their presentation . Barry Warner : My name is Barry Warner . I 'm a principle with Barton- Aschman who lead the land use and landscape architecture planning areas of the company . With me tonight is James Unruh who is a civil engineer and Deborah Porter who will be writing the Environmental Assessment for the north access boulevard . I 'm going to very quickly and concisely give you an overview of what character this roadway is going to likely accommodate . James is going to talk about some of the specific alignments and then Deborah will highlight very quickly the procedures in the Environmental Assessment . As Paul pointed out , and I 'm going to quote from a document _ put together by the University . They had done some study early on for the access boulevards and they make the statement that an objective should be adhered to to make boulevards not frontage roads but connect into the community network . For example , the proposed roads , Chanhassen Avenue and Arboretum Boulevard kind of expressed local character and identity . With that being one of the guidelines , and working with our civil engineers , landscape architects , traffic engineers and environmentalist as well as staff , we put together some specific criteria or design objectives which we hope the access boulevards will adhere to . This specific purpose is two fold . To facilitate local trips . That is traffic movement between sub areas or neighborhoods within the city and second , to provide local access to those parcels abutting and in general proximity to the corridor . I might point out that the access boulevards are viewed to be different in function and design from traditional frontage roads , specifically from a visual standpoint . They may vary in some cases from the alignment of the Highway 5 mainline and they certainly will have a different visual character . In addition , the access boulevards should provide both _ pedestrian and bicycle facilities . A couple of specific design principles that we 've tried to adhere to . Number one , the access boulevard should include corridor landscaping in establishing unique roadway character unique within Chanhassen . Boulevard trees and landscape treatments should occur at intersections and where possible , where the roadway abuts the Planning Commission Meeting March 3 , 1993 - Page 8 Highway 5 mainline . There should be distinctive signing . Distinctive — lighting , and as I pointed out , there should also be some specific amenities for rest areas and potentially overlooks . Number two , the roadway alignment , both horizontal and vertical layout should respond to _ the lay of the land . That is the topography , the wetlands , vegetation and so on . Number three , access to the abutting parcels should be provided but in a manner that is consistent with the designated land use type . I might point out that we are not intending to provide immediate access — from specific single family parcels . Number four , proper dimensional setbacks from the Highway 5 mainline to the access boulevard intersections should be designed to provide for traffic operational purposes . Number five , a buffer should be established between the 5 mainline and the access boulevard where it occurs , and that can occur with earthen berms and landscaping . And the last item is that we 're trying to in all cases remain sensitive to wetlands , drainage areas and so on . With that , the specific criteria that the roadway will likely adhere to includes a classification of a high density roadway type . A design speed that would likely be about 40 mph , although it may be signed at something less . — Perhaps 35 mph . The Highway 5 Task Force took a look with our assistance , at four different cross section alternatives . In their December meeting they looked at and agreed that the most appropriate alternative was one that allowed for a 32 foot wide top of the roadway within an urban section . That is it includes curb and gutters . That would include two 12 foot travelways and two 4 foot shoulders and the roadway therefore would occur within an 80 foot right-of-way . This also would allow for adequate — space for landscaping and for a 10 foot bituminous trail that would run the length of the access boulevard . It also would allow for boulevard plantings or other natural type plantings to occur . As I pointed out previously , specific access to individual single family homes would not be allowed for . However , obviously subdivisions and so on would be . The roadway would be designed to a 9 ton classification . Parking would be prohibited from the roadway itself . Right and left hand turn slots would occur atintersections and where large users abut the access boulevard . The access boulevard should also accommodate bus traffic and transit opportunities and designed within the 80 foot right-of-way should be public utilities . Obviously storm sewer , sanitary sewer and water . So those are some of the broad parameters or design objectives that we tried to adhere to and James Unruh is now going to highlight some of the corridors so we can get a better idea as to the status of those corridors and where they specifically occur . James Unruh: Thanks Barry . I just want to work mostly over here and give you some specifics as to how we got to the alignments that are shown on these maps right here . One main factor in getting to where we 're at now was the various comments we got from the Highway 5 Task Force . Each time — we 've come before the Task Force we 've gotten some very good comments and we 've incorporated those into subsequent versions of these layouts . I just want to touch on Alternative 2 , first of all . How did that come about , and some of you correctly surmised that it 's mostly from the Morrish study that 's hanging on that wall over there . Patterned very closely after that . How did we get a separation distance from the access boulevard to the highway? We tried to fit a 5 foot mound inbetween the access boulevard and the highway . Obviously you could separate them more and put a higher mound inbetween them . Between the actual , from curb to Planning Commission Meeting March 3 , 1993 - Page 9 curb is 47 feet is what you need to get about a 5 foot mound in . An example of that is a frontage road on the south side of Highway 5 , just east of Mitchell Lake , and MnDot participated in that frontage road and we did get a 5 foot mound inbetween those two . So that 's where the criteria for the separation distance comes about . For example this separation distance at this west city street was dictated by I tried to minimize impacts to the stand of trees here and also to get adequate stacking distance for vehicles turning on that crossroad . At Galpin Boulevard here , we wanted to get as close to the creek as we could , to Bluff Creek that is , so that this , as much area and this parcel here would be able to be developed . That 's how we got this location here . Again we come back to the butting up against the main line and then there 's a small wetland in here that we swung back around to minimize impacts and then back around to Audubon Road here . The offset for Audubon Road is dictated by these , when you get right about here , the slope starts dropping off pretty significantly . So we tried to minimize construction costs by this separation distance here . Our traffic analysis will tell us if this is too close or not . It may have to get pushed back a little bit but then you increase impacts to trees and some different things back here . Here 's Lake Ann Park . We wanted to minimize encroachment into Lake Ann Park so that 's why the frontage roads , or the access boulevard stays close to the highway . Right in here there 's a small hill which basically we 're just going around with the frontage road , or the access boulevard to keep it separated from the main line . Any questions on specifically Alternative 2? I just want to give you a background as to how we got to what we 've got here specifically . Farmakes: The abandoned farmhouse there , the distance from the highway to the abandoned farmhouse is? James Unruh: Let 's see . About 400 feet . 300 or 400 feet . Something like that . So it 's pretty tight . Farmakes: That includes the right-of-way? James Unruh : I 'm just going from the edge of the lanes . Pretty much from the edge of the lane , which actually the existing right-of-way is at exactly the edge of this lane right here . So it is as an existing right- of-way . Batzli : When you cross the creek , how do you do that? _ James Unruh: Probably with a culvert underneath the roadway . With just a culvert underneath the roadway . Right now there 's a 48 inch diameter culvert crossing under Highway 5 . That 's probably what the size of the culvert underneath the access boulevard would be . Underneath Highway 5 we 're thinking either we 'd have some kind of a pedestrian tunnel or a pedestrian tunnel with a creek crossing incorporated in it . But MnDot is not real high on putting bridges on Highway 5 in this location and the frontage road . The cost is about twice what this pedestrian culvert is and maintenance costs get pretty intensive over the years . Farmakes: You showed us several , I believe those drawings there for when you refer to a culvert . Did you bring those drawings with you? They had Planning Commission Meeting March 3 , 1993 - Page 10 those at the previous meeting . James Unruh: We have some of those . Farmakes: Okay . I was wondering because when you say culvert , some people might tend to think that it 's a cow culvert out here or something . James Unruh: For pedestrians we 're looking at a couple of different sizes . One of them is a 13 foot wide arch culvert and I know that some of you have seen those drawings already . But that would be about the width is a 13 foot , up to 20 foot wide arched culvert . And I 'm sure all of you _ have been on pedestrian trails where you 've seen those types of culverts . So it 's called an arch culvert . That 's where the terminology comes in . Maybe that 's a little bit , puts a bad impression on it . To carry the water underneath the highway or underneath the access boulevard would — probably be just a 48 inch , round culvert . I just want to touch on Alternative 1 here as well . And there we look at what kind of land use could fit in between Highway 5 and the access boulevard . That was one of — the first criterias is what setback do we need to get a decent development in there . So that was a starting point for how far back you go with Alternative 1 . The second criteria that we looked at then was basically the topography and the lay of the land . And we tried to not go through a big hill or right over a real dip in the land but tried to match the land as best we could and we 've done some fairly detailed work on that and that 's what you see here . The map behind you is a topographic map that — shows contours on it and the City of Chanhassen needs to be commended for that aerial photography with the contours . That is a goldmine as far as design standpoint is concerned . You can really get a , as a designer you can have a 3 dimensional model almost . You have to visualize it but a model of just how this roadway would look and you have to be almost up against it to see the actual roadways but that was the starting point of looking at the topography and aligning the roadway to fit the topography . The only other comment I want to make about Alternative 1 is here at Galpin Boulevard , we wanted to again come as close to Bluff Creek as we could but stay far enough away from Bluff Creek that we didn 't cause any — adverse impacts . From a design standpoint , I really can 't say that one of these is better than the other one , as far as geometrically and as far as what happens at these crossroads . I really can 't say that there 's anything that 's better about one than the other . They both have positive points and negative points . Mancino: I have a question . On the Alternative 1 , west of Galpin . Does that go right through a house? James Unruh: Yeah , that one would . Well , the house is actually here and — these are two barns here . But that is one of the environmental impacts or socioeconomic impacts that will have to be analyzed and certainly this alignment doesn 't do that . Alternative 2 doesn 't cause the impacts . We really , it 's hard to tell but it looks like that would pretty much jeopardize this whole operation if you take those two buildings out . Mancino: And on the east side it comes close to a house also but not . Planning Commission Meeting March 3 , 1993 - Page 11 James Unruh: It comes pretty close . We don 't know for sure yet at this point if that would mean taking that house or not . It might be uncomfortable . Uncomfortably close but that 's part of the environmental assessment is to analyze that . But the problem is , if we go closer to Bluff Creek , we 're almost into the ravine . Farmakes : The more secluded version of the cut-off there with the natural topography would be the northern route? The cross over . If Alternative 2 went to Alternate 1? On the north side of Bluff Creek . James Unruh: Let 's see . Over here? Farmakes: Yeah . No , the other way . James Unruh: This one . Farmakes: Come up from 2 to 1 coming from the east to the west . There . Now come up , that would be the north side of Bluff Creek versus the south side . If you were driving on the highway , would the topography more seclude the road behind , I believe there are trees there and so on . Would that from the highway more seclude the road . . .? James Unruh: Oh definitely . Definitely because there 's a good stand of trees all the way through here . Farmakes : And how much elevation is that lowered? James Unruh: It 's about , from here down to here I believe is about 20 to 25 feet . Farmakes: So it 's quite a bit . James Unruh: Yeah , it 's quite a bit . This trail that goes along with Alternative 1 , that 's why it 's colored blue here , would kind of snake it 's way through the trees somehow and then come down to some kind of a crossing of Highway 5 . Mancino: And it 's a 10 foot wide trail . James Unruh: Yeah , right . We show it on here , actually a 30 foot wide trail corridor easement though it 'd probably have to be purchased . Maybe it could be something less than that . We don 't know for sure . Farmakes: With the trail in consideration , would the southern crossover or the northern crossover have any advantage over one or the other? James Unruh : Either way , that 's a good point . We have assumed that the trail would be on the north side of each of these alternatives . So to get over to this crossing here , you would have to go all the way to Galpin Boulevard and then cross . And the same with Alternative 2 . It essentially does the same thing . Now obviously some people are probably just going to jump across the roadway here and here . I don 't know how you avoid that but that is a good point . You still , either way correctly you have to go over to Galpin Boulevard and then cross the frontage road and Planning Commission Meeting aft March 3 , 1993 - Page 12 then down to the crossing of Highway 5 . These crossovers that you see are,+ all color coded too so you can see that they stand out from the Alternative 1 and Alternative 2 . But you could do any one of these combinations . You could come from Alternative 1 , cross to Alterantive 2 and it 's obvious all the different things that you could do . And that 's the good part of the flexibility of this plan . Scott : Doesn 't it have a major , significant impact on the cost of the environmental assessment because instead of talking of Alternative 1 , Alternative 2 , we 've got 1 and 2 and then we 've got a couple of different options where we mix the two and obviously the environmental assessment _ has to be taken into consideration of the crossovers . But that 's basically what we 're getting is 1 and 2 and the effect of the crossovers and then we have to distill that impact based upon which combinations we take . James Unruh: That 's correct and maybe that 's a good point for me to break and give it over to the person doing the environmental assessment work . Any other specific questions on how we got to these alignments here? Mancino : I just have one other question . Not how but Alternate 1 where it comes into TH 41 there . I stood there , or sat there in my car and actually could not see to the right of me . I mean if I came out of that road , I couldn 't see around the curve on TH 41 . James Unruh: Previous versions of this layout had Alternative 1 coming in right about here . It doesn 't look like it 's going to make a lot of difference moving this maybe 100 or 200 feet one way or the other . But _ based on some comments that we got , and then I did go out there and drove it several times back and forth to figure out just where a good place would be . So we moved it to the south side of this row of evergreen trees here so that we 're quite a ways south of where it previously was and feel a lot more confident that that will not be a severe sight constraint . Because that is very crucial . I mean you 've got to be able to sit here and see if traffic is coming from this direction . So we 've made some _ modifications to accommodate that . Mancino: And Alternative 2 will give enough stacking on that intersection of TH 41 and Th 5? James Unruh: That 's another one that previously we showed it coming in closer on a previous version and based on some comments that the Task Force , we 've moved it up about 200 or 300 feet from where it previously was and we 're comfortable that we should have enough stacking distance between these two right now . Again , we 'll have to analyze those in the environmental assessment but from a design standpoint , we 're fairly comfortable with it . Scott : Does the environmental assessment take into consideration the "' potential , the one land use that I think we 're all particularly aware of is the land use on the northeast corner of TH 5 and TH 41 . If we use the Alternative 2 , does that negate the possibility of putting a Mills Fleet Farm type operation on that corner because I think , was that 500 feet? Is that what the setback is? Planning Commission Meeting March 3 , 1993 - Page 13 James Unruh: Actually it 's about 700 feet . Yeah , the previous one was about 500 feet and they moved it back . Scott : Does the environmental assessment take into consideration what financial impact that , various alternatives are going to have on people who have property and have planned land use for that property? James Unruh: For that I 'm going to turn it over to Deb Porter . She is my associate doing the environmental assessment . Batzli : Let me ask you one question before you turn it over to her . The Alternative 1 at the break between the two boards you 've got behind them . Right here . You 're at about 992 there and you 're probably inbetween two hills at about that point . What do you do to get down to the creek elevation? I mean the creek is what , at about 950? James Unruh: Well , it 's on the map behind you . Batzli : Yeah , it 's at 950 . I 'm asking but it 's at 950 . Farmakes: It was a trick question . _ Batzli : It was a trick question . So you 've got a significant difference there as you 're heading down towards the creek and then it climbs back up on the other side . James Unruh: Right in through here . Batzli : Are you filling? Are you grading? What are you doing to the land right there to get down to the creek level or at least the edge of the ravine or what have you? _ James Unruh: I 've just been working on that the last couple of days and you almost have to split the difference . You cut about halfway through the hill and fill about halfway through the ravine . I could not , what you 're saying is there 's a hill here and then there 's a low point right in there . Arid I couldn 'tbring it up , or bring it down quick enough to hit the bottom of that ravine and then up again high enough to hit the top of the hill . So I cut pretty much through the two of them and try to split the difference so that you 're half filling in half of this and cutting half of this hill . Batzli : What does that do to the corridor right there? Our creek corridor by doing that to landform right there? James Unruh: On that topography map , I show the exact construction -- limits . How far out the fill will be and the cut and maybe that 's something , it 's on a green line which is a little bit difficult to see . But that 's maybe something we can look at afterwards . It 's very _ appropriate you ask that . I 've just been working on that to determine the exact construction limits . You know how far out are we going to be filling on each side of this road , and it isn 't as severe in really any locations as I thought it would be . But maybe we can look at that a little bit later , and that 's something we 're still working on . But Deb Planning Commission Meeting March 3 , 1993 - Page 14 Porter is from Barton-Aschman is going to talk to you about the environmental assessment . Deb Porter : I get the feeling that James has done a lot more work on this at this point than I may have . What I 'd like to go over tonight is this two page handout that I think was part of your packet and we have copies here this evening too entitled , Arboretum Boulevard Project Review . And what this is is a very brief overview of the purpose and scope of the environmental assessment . We go over some of the possible funding sources and what the expected schedule is for the access boulevard and how that relates to Trunk Highway 5 . The environmental assessment document , for those who may not be familiar with the process , is somewhat less formal than an environmental impact statement , an EIS but it will cover a full range of impact issues . It will be prepared for the federal , state and local agency reviews as well as the general public and it will identify — the impacts of all the alternatives that we 're looking at here tonight . The Alternative 1 and 2 corridors and the crossover options . You asked how that will be addressed in the document and it could be cumbersome if — you 're looking at all combinations , permeatations of those corridors but I think the way we plan to handle that is looking at Alternative 1 , the norther corridor , Alternative 2 and then the crossover segments of A , B , C and D , which are anywhere from I think 500 , 800 , 900 feet in length . And kind of handle those separately . To combine them as an Alternative , we may do in some kind of table format . It 's a little awkward but I think we ' ll be able to get a look at the total impact of each segment . You 'd have to sort of add those up to get the full picture I guess . In terms of impact studies , and mitigation plans , that 's also required . Any impacts we identify , we 'll need to offer some type of way in reducing or possibly even eliminating some of the adverse effects of the project . The impact studies themselves , it will be a wide range of studies . The impact to the physical environment will include things like , what we 've already been talking about . The wetland basins . The storm water runoff . The erosion control . Other water quality issues . We 'll look at air quality . Noise impacts . Land use development will also be one of the impact studies . We ' ll look at the visual changes and the landscape of the corridor , and also the traffic study is important in that that will look at , or estimate the future traffic volumes both on Highway 5 and the different alternative corridors and how that might impact the major intersections along the _ corridor . We ' ll look at the level of service along there and the whole traffic operations between Highway 41 , Powers Boulevard , and how that ties in with the central business district of Chanhassen . We 'll also be looking at all mitigations for any type of impacts that we identify there ."' Once that 's been put together in a draft form , we forward that to MnDot . They will review it and if satisfied , then we 'll issue it for a public review into all the regulatory agencies . We plan to hold a public hearing_ so there 's an opportunity for comment from the general public and the agencies . I guess our guess right now would be mid-year 1993 . We might be ready for a hearing at that point . Once all the comments have been received , and responded to in writing in the document , it becomes formalized by MnDot . They issue something called a negative declaration , meaning that an EIS is not needed at that point is their position . It then is forwarded to the Federal Highway Administration who is really the -- ultimate sign-off authority on the document . And they issue what 's callec a Finding of No Significant Impact , or FONSI I guess is how we generally Planning Commission Meeting March 3 , 1993 - Page 15 refer to it . At that point the environmental process is pretty well completed and for this project , assuming that we begin work on this soon , March of this year , we expect to be done by the end of this year . That 's the typical timeframe for an environmental assessment for a project of this length is 9 , 10 months to a years time . I think that pretty well covers the EA process . I mean it 's somewhat involved . I haven 't listed every topic that we ' ll be covering in the document . There 's probably 20 or so different impact studies . Are there any questions about what we plan to cover in that document? I guess I could have brought some documents but . . .bias what people may be expecting later on . But it 's a fairly comprehensive document . It should allow you towards the end of that process to identify a preferred alternative based on the range of impacts and advantages , disadvantages of various alternatives . Batzli : Paul , did you say that the City 's paying for the EA? Krauss: That 's correct . Batzli : And what is the impact of doing a second alternative route and all these crossovers as far as monetary impact to the city? Krauss: It 's in there . I mean it 's part of the process that 's already been approved . Deb Porter : I think if there 's other questions we ' ll be here later this evening to talk about that . Another point here that I want to go over is the schedule for the project , and Paul has already gone over that somewhat . That 's on the second page . We 've outlined a time table actually and I guess what we want to make sure everyone 's aware of is the fact that this access boulevard project is closely coordinated with the Highway 5 project . MnDot views that as one design package . So in that regard then we need to look at the program construction date of Trunk Highway 5 which is February , 1996 . So that would also then probably become the construction date of the access boulevard . Backing up from that then , from February , 1996 , we 've identified as you can see here , a 2 year time period for right-of-way acquisition and final design work . And that again is typically what 's required for a project of this size and the number of parcels involved . So that would bring us back to February of 1994 . At that point we need to have construction limits established for 4 the preferred alternative . We 'd be through with the environmental review process . We 'd be into the permit application phase , and that essentially gives us then the remainder of this year to finish the environment _ process . I think that it 's very doable and a lot of the design work , as James is talking about , is already progressing and as soon as it 's really spring , we 'll be able to do a lot of our field work too . I think you can expect to see a draft EA this June , I would imagine for your review . It will be coming before the city staff and City Council prior to being released to the public so it 's something you find acceptable . So I think in the memos and so on that I 've read from the city , they 've stated that very well in terms of how critical it is to keep this project on track with Trunk Highway 5 . Now as far as funding is concerned , as Paul mentioned , the construction costs are primarily through federal funds and then supplemented somewhat by the city and MnDot . And the right-of-way acquisition costs at this point will be some mixture of city and MnDot Planning Commission Meeting March 3 , 1993 - Page 16 funds and it is somewhat dependent on the location of the access boulevard . As Paul said , MnDot 's prior commitment in upgrading TH 5 was to provide some short , what would have been frontage roads to some of those properties on the north side of TH 5 that would no longer have access to the highway . So their commitment then is tied in with that . You know what they had promised in the past is something they plan to keep to and possibly supplement in areas like through the park and so on . But the farther away an access boulevard becomes from the main line , the less they may be interested in funding because at that point that may be setting a precedent of MnDot pays for city street construction , and that 's not the case . So I guess that 's something that needs to be kept in mind . Are there any other questions , either on the schedule or the EA or any of those topics? Mancino: Deborah , when you just said that MnDot is sharing the cost of — the access boulevard depends on where it 's placed . . .acquisitions of land or actual construction? Deb Porter : No , that 's only as far as right-of-way acquisition costs are concerned . The construction costs I think are probably as much as 80% federal dollars and the remainder being city and MnDot . But this negotiation or further discussions on right-of-way acquisition , that certainly would have to go on with MnDot and it 's for right-of-way only . Conrad: Brian , do you want me to continue . . . Batzli : Yeah , go ahead . Conrad : Or do you want to take it back over? Batzli : No . I 'm going to have to leave in a few minutes , so please . Conrad: Paul , anything else? It is an informational meeting and we have a lot of people here . It 's not a public hearing but my understanding is , what we 're doing right now is , as Paul 's pointed out , we 're affirming that_ these are the alternatives to study . We 're not making a recommendation which ones we like tonight . We 're saying these are the ones to spend our time looking at . I think if anybody has some comments that is here tonight , I think we 'd be interested in them . Again , we 're not taking a — vote on which ones you like . That 's going to be later on but our role here as a Planning Commission is to make some comments in terms of what we , if we feel these are the right ones and then move that up to City Council . Are there any , yes ma 'am . Pat Kerber : The home that we own . . . Conrad: Would you give us your name . Pat Kerber : Pat Kerber . Batzli : Can you hear her for the record? Conrad: Would you step up to the microphone . Planning Commission Meeting March 3 , 1993 - Page 17 Pat Kerber : Okay , I 'm Pat Kerber and we own 3 acres of land . We are abutted on the east side by Lake Ann Park . The tree farm . Now here in this diagram it shows that it 's going back by the creek evidentally . And we own from the highway to the creek . What are we going to do? Do we stay there or do we get bought out completely? I sure don 't want a road on each side of me . When Highway 5 gets to be a four lane . Scott : Excuse me Mrs . Kerber . I want to make sure I understand exactly where your property is . So you 're going to have to speak very slowly for me . Pat Kerber : Okay , it 's right on . Scott : Okay , I see Lake Ann Park . I see the tree farm . And it looks like there 's a . Pat Kerber : And Audubon Road as it goes north would be right beside our house . Scott: Okay , and your house is located very close to the Highway 5? Pat Kerber : Well go back , I don 't know . We built back far enough . . . Scott : It looks like there 's a very long drive and then your property is due south of Lake Ann about 100 feet? Mancino: On the north side of TH 5 . Pat Kerber : It 's right in here . Scott : Oh okay . So very close to Highway 5 . Okay . You can see your house from the road when you just get past Lake Ann on the right . Pat Kerber : It 's a red house . Scott : I got you . Pat Kerber : But I 'd like to know , do you buy us out completely or what? I don 't want to sit there with a half acre and a house between two roads . Scott : I got you . Conrad: Paul , do you have a? Krauss: Yeah , if it 's the property that I 'm aware of . I understand the concern . Pat Kerber : Well my husband was born and raised on that farm . Krauss : And I 've heard talk from time to time about acquisition of the property relative to the park and different things . So if I 'm understanding right , your hourse would be basically on that island of land that 's created . Planning Commission Meeting March 3 , 1993 - Page 18 Pat Kerber : Between the two . Krauss: Yeah , that 's really something . We don 't know the exact answer to it but the likely answer is that , when you isolate property like that , typically it becomes part of the right-of-way acquisition , unless there 's some legitimate way of saving it but you 're severing , when you 're doing that you 're severing a house from it 's natural environment . Pat Kerber : That 's right . Krauss: And we recognize that and MnDot recognizes that . It 's something that 's going to have to be developed as part of the EA . I think we 'll have to make some guesses in the EA as to what 's likely to happen but just looking at it now , it looks likely that it would probably be considered as part of the right-of-way acquisition . _ Scott : And the right-of-way is 80 feet so . Krauss: No . The right-of-way itself is 80 feet for the roadway but in areas where you bump the road north to set it back for sufficient stacking distance , you may be creating a . Scott : A berm or something like that . Krauss: Right . Right . Conrad: One of the purposes of going through what we 're doing the study right now is to understand a little bit more what would happen . _ Pat Kerber : Well I wasn 't at the last meeting but my husband couldn 't be here tonight so . And I was interested . I mean that 's his homestead . He 's been there for 72 years . Or a few years he was in the service and that and we acquired the land from his father . And built the house and we 've been there since 1958 . Now to get moved out , or sit there with just a little piece , I don 't want that . Conrad: I 'm sure we 'll be working with you on that . Any other comments? Again we 're looking at , are these the right alternatives to look at . _ Planning Commission comments . Scott: Yeah , could I ask . There 's a comment from . Tim Keene: Good evening Mr . Chair , members of the Planning Commission . My name is Tim Keene and I 'm with Larkin , Hoffman , Daly and Lindgren and here on behalf of Mills Fleet Farm . Just a couple of questions . One as it — relates to the design alternatives and the other procedural . I guess I 'd like to hear from the engineer how much flexibility we have as it relates to the western terminus and the location of Alternatives 1 and 2 to move those around . We 're a little bit handicapped in evaluating this as it .. impacts the property because we don 't have exact spacing distances on a drawing thatisn 't scaled . We could estimate them but that certainly does impact the property depending on what the spacing and separation are and — so we 'll reserve our comments for later in the process when we 've had an opportunity to take a look at that . And that relates to the second Planning Commission Meeting March 3 , 1993 - Page 19 question I had . At what point will we , as property owners have to provide the most meaningful comment and address our thoughts as it relates to the alternatives? Will that be when the environmental assessment document is put on the street in June? Conrad: I assume that 's coming back to us isn 't it? Krauss: Well , it will but I think there 's going to be two opportunities here for Tim to make specific comments and deal with something that 's being offered in some specificity . The EA document 's going to come back before the Planning Commission , City Council and we 'll have a formal public hearing at that time . But I 'm expecting that even before that 's done , we 're going to have a draft document and we 're going to try to feed that back in to the Highway 5 Task Force . They 've already said that they want to have public information meetings because they 're making decisions based not only on what they 're going to hear back on the EA but also what in their vision is the best , the most appropriate land use . The most sensitive way of developing and other things . So we need for those two processes to come together so again , I think there 's going to be public informational meeting at the Task Force on that and there certainly will be a public hearing ultimately on the Highway 5 plan and again on the EA . Tim Keene : Thank you very much . Conrad: Anything else? Planning Commissioners . Scott: Gene Borg is here and you 're the Co-Chair of the Highway 5 Task Force . I just have a question . Is there a position that a majority of the Highway 5 Task Force has as to which alternative they believe or you folks believe is the best one based upon all the factors that you 're taking into consideration? Gene Borg: No . Scott : Okay . Gene Borg: That 's about the plain truth . There 's as much disagreement on which way . . . We were rushed two meetings ago trying to choose an alignment . . . Conrad: Well that opens up the next question . As this is going on , what else is happening? Krauss: Well the larger Highway 5 corridor planning process is happening . They have been charged with not only looking at these access boulevards but also inputting into the main line design of Highway 5 . Giving proposals on land use changes in the corridor . Defining environmentally sensitive areas and means for protecting them . Developing a strategy for how the Highway 5 corridor should be developed . Developing an overlay district ordinance . They 're tying together a lot of stuff . Conrad: How do the cost implications get wrapped into this Paul? I see the Alternative 2 and some of the things we talked about in terms of landscaping . When the EA comes back to us and we start making some Planning Commission Meeting March 3 , 1993 - Page 20 decisions , are we going to know all the cost factors at that time? Does the EA , does that wrap up some but are there missing? Are we going to be missing pieces and is that a charter of the Task Force or? Krauss: I honestly don 't know the level of detail that we 're going to have . I mean we 're going to have some ballpark cost estimates in terms of acquisition and development . I don 't think at that point we 're going to know specifically how many dollars are the Feds kicking in . How many dollars is the State going to kick in . I mean those things need to be worked out on an ongoing process . We will provide as much information as we can at the time we have it certainly . It 's been my experience that those kinds of , do you protect the forest . Do you spend a few more dollars or , that 's a difficult one for a resident or a citizen based task force to grapple with but it 's certainly one that the Planning Commission and also to a very large extent the City Council are in a position to deal with because it 's the City Council utlimately that 's going to have to cut the deal with MnDot . It 's going to be their name on the dotted line . So all that information will be available at the time that decision is made . — I 'm just not certain how much of that the Task Force is going to be able to digest . Conrad: You talked about zoning issues . Can we really zone before we get the EA back? Krauss: Well again , you have a cart and horse situation . We 're under a — great deal of pressure to produce the Highway 5 plan and we 're really not in a position to say well let 's wait 6 months and see what the EA says . I mean this is an outgrowth of what we 've done to date . It 's an iterative— process . I mean one of the things we spend lots of time on is running back and forth between our consultants , MnDot , the Task Force , the Planning Commission , the City Council trying to pull all these things together . I think we 're honing in on decisions of the Task Force . As more information becomes available , they will make some determination . For example , I mean there is a very significant question , Joe you raised it about the Fleet Farm ownership on the corner , and Tim Keene spoke to that .— That 's certainly no secret . We 've known for the past 4 or 5 years that Fleet Farm has owned it . There 's never been an active city policy , one way or the other pro or con on it but clearly the Task Force is going to — have to make , first of all they 're going to have to make a recommendation as to whether or not it has any merit at all , and I think they 're going to approach that as a land use issue . Then you also have to put in which , if you decide it is okay , then probably there 's only one road alternative that supports it . If not , you go with , you have either of the other options and will take it on their own merits . Again , it 's an iterative process . It 's not clean . We 're just not going to have everything in front of us at any one time to make all those decisions . Mancino: Not only Fleet Farm but . . .that whole study area and looking at that for land use questions that come up . Scott : What is the study estimated to cost? The EA . Deb Porter : I think our budget is between $120 ,000 .00 and $130 ,000 .00 . Planning Commission Meeting March 3 , 1993 - Page 21 Scott : Is there an implied time line based upon the fact that the alternatives need to track with Highway 5 with MnDot 's schedule . Is there an implied decision point at the , and this is a question I guess for the Chairman or for you Paul . When we have to come to a decision on this . I sense that there 's a very tight timeframe here that hasn 't been articulated . I 'd like to know precisely what 's expected here . Krauss: Well , I mean clearly you 're going to have to , the City 's going to have to take a position on a preferred route . Deb has made it very clear to us on a number of occasions that we can 't go to MnDot keeping all the cards in our back pocket and say well , we 're not going to tell you which one we want to do but we want you to pay for it nevertheless . We have to make those decisions in that timeframe and that seems to give us another 5-6 months I guess to get it together on that . I think we really have an opportunity here , and it 's an opportunity that we saw slipping through our fingers . When we started working on Highway 5 issues a year , year and a half ago , MnDot 's initial position was , don 't bother us . It 's all done . I mean we 've already planned , we designed it years ago . You really have nothing to input . Well , with a lot of hard work they 've moved off of that to working with us on a lot of things but it 's imperative that we keep to their timeframe or all bets are off . So I regard this is as a window of opportunity . Yes it 's rather time , the constraints are significant but it 's opportunities that we didn 't think we 'd have 6-8 months ago . Conrad: Let me go back to this point . I asked you before Paul but when the EA is done and it comes back here and we get this informational meetings , one alternative 's going to have some highway acquisition costs . Or not highway but just Alternative 2 , if we want to do something like this , there are other costs there . Who 's developing those other costs? That 's going to effect how we perceive one alternative versus the other . Where does that come from? _ Deb Porter : Well I think as Paul said before , ballpark estimates . That 's generally a part of the EA or EIS . We would look at approximate construction costs and approximate right-of-way acquisition costs when it comes to the corridor itself . That still is something that , as I have on the schedule , that really doesn 't get finalized until we have construction limits , MnDot has the . . .and so on . It 's very easy to make a wrong estimate on right-of-way costs . At time you may think , well we 'll just take a quarter of this property and as it turns out because of access or ~ an unwilling seller or whatever , you end up buying the entire parcel . So you could be plus or minus a few million off on that cost . That 's really beyond the scope of an EA . We 'll come up with the construction costs and estimated right-of-way so you can feel comfortable with it but the number you 're looking for I don 't think is going to come into this document . Not as a definite number . Krauss: We are probably also going to have to work with Barton-Aschman too in developing a cost projection for all those non-covered items . I _ mean you could well have a budget that says we 're going to have 3 ,000 overstory trees and we 're going to pay for brick paver treatments here and there and the crossings and all these other things that are the city 's option and develop a cost package for that . We clearly would have to do that and present it to the City Council and HRA to gain their support . Planning Commission Meeting March 3 , 1993 - Page 22 But that 's beyond the EA process . Probably something we 're going to have to do in addition . Conrad: But it 's got to merge . When we start looking at alternatives here , that 's a parcel , that 's part of it . Okay . But thanks . Deb Porter : While we may not be able to give you an exact cost figure , we will look at , under the relocations and right-of-way impacts , we will loot ' at the number of parcels . Number of landowners and what we estimate as being complete and partial takings of properties . So that should give you some gauge on cost but yeah , as Paul 's explaining to you . Everything involving with landscaping , purchasing that additional corridor for berming and screening between the highway and the access road , that could get into a wide range of costs . Mancino: . . .those estimates will be in the draft that we get in June? Deb Porter : The construction estimates will but the right-of-way costs are something we 'll have to talk about in a more qualitative way rather than quantitative I think . We 'll be discussing it with MnDot . They should be able to give us some input on what they think is needed in terms.. of the access road , at least closer to the highway . Krauss : If I could Mr . Chairman . Barry Warner and I were just whispering back and forth . Barton-Aschman 's worked with us on the first phase of Highway 5 and the public improvements for that and we developed a cost package that was taken back to the HRA . It 's quite likely we 're going to have to add a work task program that 's independent of the EA but to develop these costs . I mean obviously we need to get that information anc we have experience working with them to do just that . Scott : So basically what we 're looking at then is sometime between August and November of this year we 'll be , we and others are going to be determining which alternative is going to be presented to MnDot? Krauss: Yes . Conrad: And at that time we will have the other costs developed? Deb Porter : . . . need some input from you on a tenatively identified preferred alternative . That needs to be in the draft EA before that 's finalized and brought to the Federal Highway Administration . Scott : Is that June? r Deb Porter : June I think is more when we 're looking . June-July . It 's not an absolute , definite decision at that point because you haven 't had your public hearing yet or all of your agency comment but in order to .� issue that document and to give the agencies and the public some idea of what you 're thinking , rather than here 's all the alternatives . We don 't know yet . We like to do what 's called a tentative identification of preferred alternative . And that gives people something a little more to react to instead of you know , all the issues and all the potential impactE still being out there considered . It narrows it down somewhat . And it Planning Commission Meeting March 3 , 1993 - Page 23 can be changed if something comes up that was unforeseen . Not considered . Generally doesn 't but . Conrad: So then Paul we 're going to be developing some additional costs that will be bundled into that package? Okay . Other comments? Anything . Again , we 're reacting to are these the right alternatives to study . Anything else? Gene Borg: I 'd like to make one comment about choosing an alternative route . You get the cart and the horse . . .do the land use first and then place the road around it . Something 's got to come first . It sounds like the road placement is going to come first and then we 're going to recommend zoning to fit the road . Krauss: We 've done some preliminary investigations working with Barton- _. Aschman and our other consultant Camiros on how drastic an impact the road placement has on the uses . And it 's really not as great as we would have thought . I mean it clearly in one or two instances has a major impact but beyond that , it really didn 't . So I think we 'd like to keep working with the Task Force on the land use issues and we can feed that information back into Barton-Aschman . Conrad: Okay . Anything else? Need a motion just to recommend that we affirm that these are the right alternatives to study . _ Mancino: I move that the Planning Commission affirm the draft alternatives for analysis of two alterantives in the Environmental Assessment document . Farmakes: Second . Conrad: Any discussion? Mancino moved, Farmakes seconded that the Planning Commission affirm the draft alterantive for analysis of two alternatives in the Environmental Assessment document . All voted in favor and the motion carried. DISCUSSION OF ENTRY MONUMENTS - TODD GERHARDT. Conrad: Is Todd here? Barry Warner : Mr . Chair , he delegated it to me so I 'll pick a couple of boards up and highlight those things for you . Conrad: Okay , you want to discuss the entry monuments? Barry Warner : Mr . Chair , members of the Commission . The panel that you see in front of you tonight is the panel that Jeff had assisted staff and ourselves in looking at . A monument sign at Market , adjacent to Highway 5 to serve as an entrance into the downtown area . It shows some of the metal work and so on top of a limestone radius wall . This is a more updated image of that same scheme with exception of this does not show the metal work . What is being suggested is the metal work would be bid as a Planning Commission Meeting March 3 , 1993 - Page 24 part of the sign when it is sent out for construction bids so that we would have prices on both the wall and the metal work intact . So in essence I 'm filling in for Todd tonight so if there 's any specific questions that I can respond to , I 'd be very pleased to do so . This has been something that 's been ongoing for the last few years and I think witl- Jeff 's assistance , we 've been able to advance forward with it and are looking forward to taking it into construction bids and potentially constructing it this spring if we can still obtain the landscape work during the spring construction season . Ledvina : A question . You mentioned metal work . Did you mean the letters_ or? Barry Warner : The metal work that I was speaking to was the ornamentation_ that is on the top and on the other side . Ledvina : So they 'll bid both parts of that? Not necessarily construct the metal work at this time . Barry Warner : I think that that would be the city 's perogative once the bids were received . Ledvina: Okay , so that would be an option that they 'd exercise if it was a real favorable situation? Barry Warner : That 's correct . Ledvina : Okay . That 's reasonable . _ Mancino: What are the letters made out of? What is the medium? Barry Warner : It would be metal . Mancino: The letters? Is it a black metal? Barry Warner : No , they would be a bronze colored metal that we would select a specific color with a contractor but it will have , it 's a metal letter that will be an anodized material so that it will appear as a bronze color or something similar to that . Farmakes: It depends on the cost of materials . There 's bronze . There 's brass . There 's copper . It depends on the staying factor . The maintenance . And whether or not the economy as to whether or not you go to an electroplated steel . The idea is I believe it would be painted green with . . . Mancino: What 's behind the lettering? The Chanhassen lettering? What 's the? Barry Warner : That 's merely a change in the same type of material . It 's a limestone but this would be a smooth face and this is a rough cut material . So it is the same material , come from the same quarry . It would have the same color but it would have a different relief . This is a course texture block and this is a smooth texture san finish . Planning Commission Meeting March 3 , 1993 - Page 25 Farmakes: I talked to Todd a little bit about that . What we had discussed in the meeting that there were some differences of opinion as to '- that stone . I still feel a Kasota creme colored limestone or the Chaska golder color limestone was better for the rough treatment and a whiter limestone behind the lettering . We 're talking about the same quarries . Same limestone but different types of limestones . Barry Warner : That 's correct . It 's basically how the material is quarried . Scott : Where is this going to be located and what is the orientation going to be relative to the? Barry Warner : It 's in the northeast quadrant of Market and Highway 5 . And there will be some landform that will be required . Some grading work to allow the sign to be situated so that it can be seen and there is going to be some landscaping behind it . Scott : So it 's going to be oriented , so if we were to look at this . Barry Warner : If you 're westbound on Highway 5 , the sign is going to be facing you . Scott : Okay . Mancino: And if you 're eastbound? Barry Warner : You 're still going to be seeing it because it 's a round , it 's a radius wall and that expression is going to be seen for traffic that would be on westbound as well . If you 're westbound , I 'm sorry . I 've confused you . If you 're eastbound on Highway 5 , the sign 's oriented towards you . If you 're westbound , you 're still going to be picking it up but to a lesser degree . Farmakes: The one thing that I didn 't understand , and it was a recent _ petition , is the extension 's coming out from the wall and I understand that the purpose was to blend it into the contouring of the landscaping that they were going to do . But what I don 't understand , it 's difficult to assess what that is achieving when it 's cut up like that on the drawing and the overhead . There 's an overhead and the illustrative drawing here . It 's cut off . You 're not seeing it in any relationships . I guess the illustration isn 't really achieving the purpose naturally for me anyway . Barry Warner : Well let 's state to what the objective is rather than what the graphic is saying . The objective is to make the monument sign in scale with the area . The comment came specifically from Bill Morrish and he felt that if the radius sign would walk around in a stepped fashion and walked back into the adjacent grade , that in fact it would appear more comfortable with the area . So that 's what we 're trying to respond to . Farmakes: The one thing that 's missing off of here in relationship is there is landscaping in front of that sign . It appears to be more massive here than . Planning Commission Meeting March 3 , 1993 - Page 26 Barry Warner : In front of the sign or in back of it? Farmakes: In front of it . Isn 't there flower plantings in front of it? Barry Warner : There 's flower plantings , right . Farmakes: How much height from the baseline that you 're showing here? Barry Warner : Well it depends on the variety of flowers that we put in front of it but I would imagine you 're looking at 12 to 15 inches . Mancino : Barry , what kind of plantings are going in behind it? Barry Warner : There are canopy trees , maples that are kind of frame if you will the image to the church tower . In fact if you sit , if you 're eastbound on Highway 5 and you 're sitting at the intersection , the plantings through the sign will actually frame the church tower . Scott : We 're talking about two structures? Farmakes: These landscaping plans that you 're looking at here are not the ones he 's talking about . That is not relevant to what he 's talking about . Scott : This has nothing to do with that? Farmakes: Correct . Scott: Okay . _. Farmakes: The only thing , the wall itself that you 're looking at there is relevant to scale to what is being discussed . Conrad: So this shows the relationship though to the highway? Scott : This is by Holiday and I have no idea . Conrad: I 'm real interested in how that 's oriented . Scott : Yeah , I don 't know yet either . Farmakes: The confusion is that there 's two signs . Two locations . You 're dealing with the one on Market . This is the scaled down version . It 's really the last page is all you should be looking at . Scott : Jeff , if we were , let 's take that radius view of the top . If that 's an aerial view , is it south? Farmakes: It 'd be southeast . No , excuse me , southwest . Yeah , slightly southwest . Barry Warner : For your orientation , Highway 5 is shown at the bottom . Market Boulevard is oriented to the north . If you can imagine , if you 're sitting eastbound on Highway 5 , this is in the northeast quadrant and the sign is oriented to you . But the question was before , if you 're going Planning Commission Meeting March 3 , 1993 - Page 27 westbound , can you still see the sign? Yes you will because you 'll be staged at this point . This exact traffic island currently exists . And the question about the landscaping , I believe that this isn 't quite the current drawing but in essence there would be massings of maple trees that would provide and frame a view of the church steeple . Farmakes : The long term thinking for this signage was that there 'd be , these sign repeated in east and west entrances of downtown . So what you 're looking at here is the center sign on Highway 5 Conrad: And the orientation Jeff is really to the west? Farmakes : It splits the difference . The orientation that they have here . Conrad: It 's really not good for anybody driving east to west . Farmakes : Correct but if you have been driving from the east , you would have passed one . . .but that 's one of the sites that 's in consideration . Barry Warner : That 's correct . In fact I think that the Morrish group had just presented , as you might remember , to the Highway 5 Task Force , the notion that there might be another type of monument at that point . So for traffic that is going from east to west , that would be one of the locations . You might remember back some months , actually a year ago we took a look at both quadrants and this is much more accepting of some type of a monument because if you look at the west side , you have a wetland basin that 's situated there and that would require significant filling to make any type of a platform on which the sign would be situated . Councilman Wing: This isn 't an east/west orientation of this sign . Market Boulevard and TH 101 is the main road coming from the south . For the south entryway monument and . . .so this really isn 't oriented east and west . . . Is that correct? That 's how I remember it . Farmakes: I think also , eventually isn 't TH 101 will wind up coming up through there? Coming from the north so it 's kind of splitting the difference but you have to view this as in use with other signage . With other monuments so you actually get a repeat impression . The purpose of this is not to be a 360 degree reading . Barry Warner : That 's correct Jeff . And the other thing you might recall is that when the Target parcel was applied for , there were provisions made in the outlots adjacent to County Road 17 and Highway 5 that there might also be some type of a some monumentation adjacent in the northeast quadrant so think of them as Jeff is doing it . There 's a series of these announcing and providing monumentation for the city . Conrad : Take us back to the other diagram please . The scale is real big . The height of that is 10 feet? Barry Warner : That is correct . But one needs to also keep in mind that the grade is dropping off so that the sign from a vehicle is not going to seem massive by any means . The grade is dropping off . The sign is set back into the northeast quadrant and also it 's a fairly generous parcel so Planning Commission Meeting March 3 , 1993 - Page 28 we believe that because of that , the scale is more consistent . Actually — at times in the , this sign has really gone through a significant evolution . I mean it 's been around for 3 years? In varying forms and we believe that this is the strongest candidate because it has been reduced _ in size from what we even had pursued a few months ago . It 's more in keeping with the parcel . The way it steps . Is consistent with the topography and so on . _ Mancino: In the final construction , who 's actually overseeing , who 's picking out all the materials and . . .? Barry Warner : Well I can 't answer that entirely , but there 's really three groups of people that are involved here . Jeff , staff and ourselves . It has gone through a number of iterations . Our specifications at this point_ have been written and I think there needs to be more dialogue in terms of what specific quarry the material 's going to come from . Conrad: Jeff , you 're comfortable with the scale? You 've been part of the— process . Farmakes: What I had suggested in the site is that there still needs to be some site evaluation with sizing . The letters are 2 1/2 feet high . You can see a 2 1/2 foot high letter . You can get one . You can take it out to the site . See what it is in relationship to the height . Obviously giving that kind of mass is going to be difficult . You can peg off where the 65 feet is going to be . As far as the width goes and you can put up on a , stand on a ladder with a 6 x 9 leaf or piece of styrofoam so you can see the relationship of mass to the size . This is a very opened up area . — There 's a large expanse of highway on one side . There 's a wetland there . And the Americana Bank is set quite a ways back from where it is . There 's a wetland on the opposite side . A lot of open room there . So although it_ looks large here , because it 's confined within this drawing and it 's actually being cut off on the drawing . There 's a lot of area around it . Conrad: I guess my concern is , just for perspective . A Naegele billboard— is 10 x 36 . The big ones are 14 x 48 . This is longer . This is big . Farmakes : It is set . It 's not as high as a Naegele billboard . Conrad: Right . But it 's big and again , that 's why site evaluation is critical . We could , I don 't know . It 's bigger than what I thought it was going to look like . Farmakes: It 's actually smaller than what was originally proposed . Barry Warner : This is smaller even than it was . Farmakes: I think actually a 2 1/2 foot letter really would be a minimum size . . . Barry Warner : To help you understand the situation . This is the scale of an individual right here so I think that gives you some perspective of what this is going to appear at . However , if you can imagine yourself in an automobile , stepped back some significant distance from the sign as we Planning Commission Meeting March 3 , 1993 - Page 29 have shown in this plan view , to where the vehicle 's actually situated , it 's a substantial distance . Farmakes: The overhead actually is , that 's an extension that they 've added to the wall . The wall really is where that gray area is there or he 's shadowed it . Anything above the pink there . The pink is the planting in front of it so it 's only a part of that . So you can see in relationship to the property , it 's quite small . Can you just point out with your finger , just run it down where the actual wall would be . Barry Warner : The actual wall is right in here . Farmakes : The wall , without the little extensions coming off that little one foot high . Barry Warner : These are the wing elements that are literally I believe 18 inches in height . They 're more of a seeding wall if you will . _ Conrad: What 's the drop from the road back to that? How many feet do we lose? Barry Warner : In terms of elevation? Conrad: Elevation , yeah . Farmakes: About equal elevation . Right on the ridge and then it drops off . Barry Warner : There 's about an 8 foot drop . From this point in back . Farmakes : Once it gets to the planting though on that ridge , they 're of equal with the road height . Scott : So it kind of dips and comes back up? So you 're going . _ Barry Warner : There 's a swale that comes back in through here . We have to carry water across the face of the sign . That 's one of the reasons the swale is in . Farmakes: The elevation that they show here is not the elevation currently that 's on the property , particular as it heads towards the wetland . They would have to build that up a bit . Barry Warner : There is going to be some filling in this portion of this basin to accommodate the sign . It 's a moderate amount . Conrad: So from Highway 5 , I don 't want to belabor this . Let 's get out of here but from Highway 5 , it 's the same elevation so basically we 're going to look at from here to the ceiling is the height of this sign . Barry Warner : Actually the face of the sign is 6 feet lower than the back of curb . So it is depressed . Even though it 's perched up a little bit . Farmakes: And the wall is of varying height . Planning Commission Meeting March 3 , 1993 - Page 30 Conrad: I 'm really worried about blocking . Farmakes: Originally the wall was one flat wall . Conrad : Yeah , and I like how this has been . . . Farmakes: It 's stepped down so in reality the width really just forms around the 2 1/2 foot letters . Which again I think are a minimum so -� that 's , there 's no more wall there than . . . Conrad: Yeah , I like the lettering . . . I think that 's fine and yeah , I like_ the change in the . Farmakes: And again , I found that the metal work , again the materials in the . . .effect has a lot to do with budget that remains . . . But the wings added onto it , I guess the verdict 's still out as far as my opinion for that because I 'm not , it 's difficult to assess based on this particular drawing on an illustrative approach built into the landscaping . It 's difficult on the overhead for me to assess that that is a good thing to do versus breaking it up with some smaller plantings . Versus running the 18 inches into the , directly into the ground . I know that in a previous reincarnation of this , there were I think it 's in there , there were sort of little plantings that sort of followed in a straight line and I don 't think that that would have been right either . It makes it very . . . contemporize the feeling of that . This is really a continuation of what — was done up here on Great Plains . The material that 's being used in the oval there for the Dinner Theatre . This is similar to that type of material . Which is sort of indicative of this area . _. Scott : Chaska 's got a monument that sounds like it 's quite a bit smaller than that but of similar look . Farmakes : Well they have a historic church up there that 's made out of the same material . Conrad: Okay , any questions for Barry? We don 't need to vote on this do we? Ledvina : No , I like it . Conrad : We 're just looking at it . Okay , anything else? Scott moved, Ledvina seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 9:45 p.m. Submitted by Paul Krauss Planning Director Prepared by Nann Opheim CITY OF 011111' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Paul Krauss, Planning Director DATE: March 10, 1993 SUBJ: Report from Director At the March 8, 1993, City Council meeting, the following actions were taken: 1. Stone Creek First Addition, 8400 Galpin Boulevard, Hans Hagen Homes, was approved _ on the consent agenda. The Planning Commission will recall you approved this project last year; however, construction did not begin at that time due to delays in provision of city sewer and water services. These have been constructed over the past winter and single family residential development is now set to begin. 2. Willowridge Second Addition, Lake Lucy Road, for Lundgren Bros. Construction. The final plat was approved on the consent agenda. 3. Zoning ordinance amendment, Section 20-1023, Height of Fences and Section 20-1019, Location of Fences, final reading. This item was pulled from the consent agenda for some additional discussion. Councilman Senn agreed with the language revisions which had been changed slightly since the Planning Commission reviewed this item. He asked that fences be allowed in non-corner lot, front yard situations subject to height and design limitations. The amendment was approved with these changes. 4. Lake Lucy Road Extension Official Mapping, T. H. 41 to Galpin Boulevard. While this item has been handled by the Engineering Department, it does has some implications for Planning as well. The issue concerns the extension of Lake Lucy Road west of Galpin Boulevard that has conceptually been shown on the City Comprehensive Plan. The city was petitioned by several property owners at the western terminus of this proposed street along Hwy. 41 who wish to develop their properties. Consequently, we undertook to do a feasibility study and proposed to the City Council that they consider building the western portion of the road and in addition, officially map the road in its entirety. Is t J PRINTED ON RECYCLED PAPER Planning Commission March 10, 1993 — Page 2 Ultimately after extensive discussion, the Council continued action on this matter to gain — any additional input. Several area property owners objected to consideration of the road on their property and the position of the Westside Baptist Church, which had originally petitioned for the improvement, is now open to question. Staff advocates approving the — official map to protect the right-of-way into the future. The item was continued. 5. School Site Acquisition, Highway 5 and Galpin Boulevard. The Planning Commission — may be aware that this item was discussed previously with the City Council. The City Manager is seeking authorization to enter into a contractual arrangement with the school district whereby tax increment funds would be used to acquire the site, ultimately selling _ it to the school district at a slightly reduced cost. Staff strongly supports the location of the school in this area from the land use and community development prospective. Many of the Council's questions had to do with financing options for the property. The Council _ conceptually approved the acquisition and asked a purchase agreement be brought back to them in 4 weeks time. A public information meeting on the purchase will be held at that time as well. — 6. Site Plan Review for Technical Industrial Sales Office/Warehouse Building, Park Road. The Council reviewed this plan with the revised architectural landscaping that had been — requested by the Planning Commission. They found the proposal to be very satisfactory and approved it with relatively little discussion. 7. Affirmation of Alternative Alignments for the Environmental Study of the Access Boulevard located North of Highway 5. This item was presented at the last Planning Commission meeting and was sent to the City Council for a prompt response. The City — Council reviewed the matter and heard from several residents who gave testimony similar to that which was received by the Planning Commission. They voted to affirm the alternatives, asking staff to ensure that impacts on properties such as those that were "' described by Mr. Kerber are adequately addressed. 8. Preliminary Plat to Subdivide 17.2 Acres into 35 Single Family Lots, Rezoning from A2 — to RSF on Galpin Boulevard for Rottlund Company. The Council approved this plat request with relatively little discussion. Adopted conditions are those which were — recommended by the Planning Commission. 9. Review proposed Highway 41 Realignment in Chaska and Related Issues. I have attached — the staff report on this proposal to this memo. Apparently, Chaska and MnDOT have had some long standing plans for realigning Hwy. 41 out of Chaska to the vicinity of the Chaska/Chanhassen border. They are seeking funding to acquire a portion of the right-of- — way that is currently being proposed for development. Chanhassen staff reviewed the proposal and concluded that it did not seem to be supportable for a variety of reasons. The City Council undertook to adopt a resolution stating its opposition to the highway — Planning Commission March 10, 1993 Page 3 realignment, which is now being forwarded to MnDOT. and Chaska. This highway realignment is not on MnDOT's 20-year plan and there is no anticipated date as to when it may actively be considered. Legislative Updates 1. Wetlands Legislation. As the Planning Commission is aware, I have been very active in issues concerning the new State Wetlands Law. In spite of our involvement, the law and _ associated rules are very poorly drafted and result in a bureaucratic nightmare, while at the same time diminishing the ability of local government to manage its affairs. Therefore, I have participated in organizing the Urban Wetlands Management Coalition to actively work with the legislature to solicit changes to the law. The coalition is a group comprised of a number of cities, watershed districts and developers who believe in and support the no-net-loss wetlands concept, but want a law that clears up the administrative and other problems that have been created. We submitted testimony to the Administrative Law Judge on the rules and got some changes incorporated. We are now in the process of actively lobbying the legislature and I will likely be testifying in front _ of several committees in the near future. Staff will keep you posted as to the progress. 2. Orfield Bills. There are a series of bills that have been submitted to the state legislature by Representative Myron Orfield of Minneapolis. Orfield is a very articulate supporter of central cities and seems to have a fairly good understanding of the problems and trends that have resulted in urban decay in Minneapolis and throughout the rest of the nation. -- However, he has proposed a series of bills which he believes will offer a solution to reversing urban decay. I, and many others, believe that his approach is quite naive and results in a further balkanization of the Twin Cities region, rather than helping to create a framework on which we can all work on these and related issues. This concept is basically one of determining that the suburban development is the cause of all evil. Therefore, if it can be stopped, people will naturally migrate back to Minneapolis. He has accused the south and southwestern suburbs of being particularly at fault, naming us the fertile crescent. Chanhassen is often one of the communities he speaks of. He has significant momentum in the legislature and has the support of the north side Mayor's -' Conference, which is on record of saying that there has been a conspiracy to induce development to go to the south and southwest. I suppose all of you are part of the conspiracy. Although this flies in the face of facts and history, it is becoming commonly accepted mythology in Twin Cities regional government. Staff has organized a response through the Southwest Communities Coalition of which we are a part. John Boland, former head of the Metropolitan Council and State Legislator, who works with the group is going to be lobbying against the bills on our behalf. We also understand that Dakota County has retained a lobbyist to work on the same matter. Planning Commission March 10, 1993 Page 4 — 3. Issues Concerning the Landscape Arboretum and Peter Olin's Initiatives to Disrupt Local Planning. Please refer to attached letters for detailed information. — CITYOF 41141v. CHANHASSEN - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 mon n l c'RY AOminislretor Endorse ✓ 1 w 44- MEMORANDUM MEMORANDUM TO: Don Ashworth, City Manager Sete submitted to Comms — FROM: Paul Krauss, Planning Director Pitt Sub-nrrEa to Cot DATE: February 23, 1993 SUBJ: Staff Response to Inquiries Regarding Chaska's Proposal to Obtain Right-of-way for a Potential Realignment of Highway 41 At your February 8, 1993, meeting, you heard a visitor presentation from William Meyer. Mr. Meyer owns a lot in the Hesse Farm subdivision in the southern part of the city. He alerted the — City Council that Chaska was proposing to "officially map" a realigned right-of-way for State Highway 41 adjacent to the Chanhassen border. Furthermore, the city was proposing to draw on a source of state funding to acquire a portion of the right-of-way to prevent it from being developed. Staff indicated that we had only been made aware of Chaska's action a few days earlier. We were not notified by Chaska but rather alerted by a resident who saw the official _ notice in the Chaska paper. Staff was directed to research the matter and report back at an upcoming meeting. BACKGROUND After this issue was raised, staff had an opportunity to be briefed on the proposal by Chaska, MnDOT and Carver County staff. We have compiled the following information. The idea of relocating Highway 41 has appeared to have been discussed over the past few decades. However, it should be stressed that there never has been a formal planning program, environmental review or public hearing process that is normally associated with a major highway project. This seems to stem from the fact that although the relocation has been discussed, actual construction appears to be so far into the future that a serious design review effort has never been conducted. Highway Purpose Chaska has been concerned with the number of over the road trucks on Highway 41, which runs — through their downtown. Highway 41 serves as one of the primary links between Highway 169, southwestern Minnesota and the Twin Cities. They are seeking long term relief by creating a arti N.or PRINTED ON RECYCLED PAPER Don Ashworth February 23, 1993 _ Page 2 new route and river crossing. As currently conceived, new Highway 41 would connect with new — Highway 212 and Highway 169 in Shakopee with an intersection with the new Shakopee by-pass. A major bridge crossing is anticipated by connecting the two bluffs over a large span. The only thing close to this design in the area is the Mendota Bridge. Furthermore, it was noted that there — may be a long term need for a new river crossing to accommodate the continued expansion of urbanization. The MnDOT Engineer used the analogy of the Bloomington Ferry Bridge, indicating that 20 years ago it was hard to see the need for that span. — Past Planning While the possibility of realigning Highway 41 appears to have been discussed for many years, available documentation is more recent in nature. • The highway route is in the Chaska Comprehensive Plan. • Consideration of the highway does not appear to have occurred in 1975, when the Hesse — Farm subdivision was approved by the city. This strikes staff as unusual since the original alignment ran through the western edge of the plat. However, an omission could have occurred. — • The existence of the alignment was clearly understood and considered in the planning for new Hwy. 212. Its official map includes provisions for a highway to highway interchange — between 212 and 41. A copy of the EIS technical report showing the highway on page 26 is attached. The city also appears to have had some knowledge of the TH 41/212 configuration at the time the Bluff Creek upgrading project was approved in 1992. — • The issue of a new river crossing was discussed by the Metropolitan Council's Transportation Advisory Board in a September, 1989, report entitled, "Major River Crossings Study" (attached). The report outlined the top 10 crossing needs in the metro area. The new Highway 41 crossing was rated 7 out of 10. It called for a study to occur within 5 years to work with interested parties to identify a preferred design and project — right-of-way. Need for the crossing was not anticipated to occur prior to 2010. No further studies have ever been taken. We are not aware if any staff was involved in the study process. '- • The Eastern Carver County Transportation study also contains a reference to the highway. The city participated in this planning effort with Carver County and other area communities in 1990. It was reviewed by the City Council at that time. I participated in that study. As I recall, I raised some concerns with the need for new Hwy. 41. _ However, Chaska and Carver County felt strongly regarding retaining the corridor. Since it seemed very hypothetical to staff at the time, we did not push the issue. Don Ashworth February 23, 1993 Page 3 CHASKA'S CURRENT CONSIDERATIONS Chaska staff has indicated they regret not notifying Chanhassen or local residents. It was an oversight. Furthermore, they note that they had MnDOT redesign the right-of-way so that it is located entirely within Chaska. The original proposal would have split the right-of-way between the two cities. At this point in time, the only direct impact in Chanhassen not anticipated in the Hwy. 212 official mapping is to accommodate the ramp from northbound Hwy. 41 to eastbound Hwy. 212 which crosses Lot 10 in Hesse Farm. MnDOT staff indicated that plans could be further modified to reduce or eliminate this impact. Chaska staff believes that they were being sensitive to what they anticipated to be Chanhassen's concerns. They note that MnDOT shifted the right-of-way west, out of Chanhassen, at their request. Further that the land they are proposing to acquire is currently proposed for a standard single family subdivision which Hesse Farm residents may find objectionable. These homes would normally be platted up to their property lines. Under Chaska's proposal, this land would sit as vacant green space for a long period of time and possibly forever if the highway is never built. Lastly, they note that if they don't protect the alignment and the highway as needed in the future, then MnDOT would likely take the path of least resistance. They believe that since the development density in Hesse Farm is lower than development in Chaska, MnDOT would route the road through Hesse Farm to save acquisition funds. SUMMARY AND STAFF RECOMMENDATION The potential of relocating Hwy. 41 has clearly been under consideration by other agencies and Chaska for many years. In spite of this, I would argue that the re-routing has never been exposed to the bright light of serious public input or environmental review. Nor has it been included in MnDOT's 20 year plan and there is no groundswell of public support such as that which was required to get Hwy. 5 and Hwy. 212 to be scheduled after years of hard effort. I have serious reservations as to whether this highway will ever be justified. The Bloomington Ferry and Shakopee Bridges are currently being rebuilt and improved, which resolves near term capacity issues. Both the extension of Hwy. 212 west of Chaska and the Shakopee by-pass will serve to induce traffic to take routes around rather than through Chaska. When Chaska's concerns are taken out of the equation, we have a road alignment that is based upon the continued and extensive spread of urbanization to the west. While I do not doubt that this will occur, I believe there is ample data to indicate the rate of growth will slow. Furthermore, as urbanization in the south and west sectors of the metro moves further out from the central business districts and I-494 strip, other portions of the metro area become more attractive to development. In summary, I believe that a persuasive case has not been made for its need. Don Ashworth February 23, 1993 _ Page 4 Secondly, if there is ultimately a need, is this the right place for a crossing? The answer remains — unclear. We do know that the proposed alignment will cause extensive damage to the Minnesota River Bluff line, Minnesota Valley National Wildlife Refuge and an extremely rare and sensitive wetland complex found around Assumption Creek. The idea of a bluff to bluff bridge is also phenomenally expensive. Based upon this information, staff believes that the highway alignment proposal is premature and _ probably ill conceived. At the same time, we are unsure as to what action we can recommend at this time. There is no study underway for us to participate in and raise concerns. No construction is being proposed at any time in the foreseeable future. — Chaska is requesting funding through the Metropolitan Council. There is no mechanism for Chanhassen to intervene in this funding decision. Furthermore, the Chaska request is only for — a small portion of the ultimate right-of-way. While I understand the concerns this action is raising, it is far from completing the process. Staff has two recommendations for the City Council to consider. Based upon the foregoing, we are recommending that the City Council — adopt a resolution in opposition to the potential realignment of Hwy. 41. This would put other agencies and the public on notice from this day on that it is not supported by the city and serve to guide future actions should the need arise. — The second recommendation is somewhat more basic. We are recommending that you request MnDOT redraft their maps to take the proposed access ramp out of the area not contained in the Hwy. 212 official map. Thus, if this issue does resurface in the future, at least there will be some common understanding of the route. MAJOR,441 114 I 11 RIVER CROSSINGS STUDY R EP OR T 1 9 8 9 September 1 9 8 9 ses*gliga°11swimiligin 3 � Transportation Advisory Board -F. • m.A results of that ana_ys_s, it may be appropriate to reserve _�•' -�: - _� all w inplerentation at a future date. reconstruct:on of TH 159 is consistent with the Council's highest priority c: n_intainir.g the regional highway system. Estimated cost is $6 m___ion. TH , ST=-LW •TER The Environ=ental :m pact Study (EIS) that is now in process should be completed. Cnce the preferred alternative is selected, if it is a build alternative, "".n/DOT, Wis/DCT and county and city governments should work together to protect the right-of-way and develop a funding scheme, since the t„- costs are significant, ranging from $46.4 to $53.2 million. (Minnesota's share would' be half this amount. ) Minnesota's approach roadways would cost $3 . 1-$15million, depending upon the corridor selected. TH 61 , HASTINGS_„^ Needed studies should be initiated to provide added capacity at this river crossing after the year 2000. Cost estimates have not been prepared for this The E_S, which is in process, should be completed and the selected alternative ve :-:_ -entea. This project should follow the completion of the initial phase of__AH 13 construction. Increasing the capacity of this bridge by addi - ibh ^-- , 'ncy vehicle (MOV) lanes is on the Council's priority list of highway capital improvement projects. The estimated cost ranges from $8 to $2.. —0 TH ;1 , CHASKA The immediate need for this bridge is lessened due to the improvements under way and recommended for this stretch of river. Due to the impacts in downtown Chaska and the construction of TM 169 Shakopee bypass, at some time a new bridge located between TH 41 and TH 169 connecting new TH 212 and the TM 169 Shakopee Bypass is recommended. Working in cooperation, Mn/DCT, the ''metropolitan Council, counties and cities should undertake within five years the needed studies to identify the preferred design and location and then proceed to protect the right-of-way so that new development does not preclude construction in the future. At that time a decision should be made to determine if the bridge should be either a two-lane expressway or a four-lane freeway. The need for this improvement is not anticipated prior to 2010. Cost estimates have not been prepared for this bridge. TH 55, `EgOOTA This bridge should be rehabilitated in accordance with the Kn/DOT Highway :mprovement program, which calls for work to begin in 1991 . The reconstruction of this bridge is consistent with the Council's highest priority of maintaining the regional highway system. The estimated cost is $12 million. 7 4- J TH 212 ENVIRONMENTAL IMPACT STATEMENT TECHNICAL REPORT I TRANSPORTATION CHARACTERISTICS i1 + AUGUST 1989 / - Conclusions The CSAH 10 and old TH 212 interchanges meet the requirements of the Metropolitan Council interchange qualifying criteria. The Old TH 212 interchange is not needed for capacity reasons but is warranted to - maintain the integrity and safety of the mainline and the connecting roadway. VI. New TH 41 River Crossing At some point in the future a New TH 41 River Bridge may be constructed, east of the present TH 41 Bridge. This is an issue - separate from the study of the need for, or the impacts of, New TH 212. However, there is a need to address New TH 41 such that nothing planned or constructed for TH 212 would preclude the future addition of New TH 41. If New TH 41 were built it would have an interchange with Old TH 212 and would continue north and terminate with a directional interchange (no local access) with New TH 212. Traffic forecasts were prepared for the year 2010 for this scenario of adding a New TH 41 River Bridge to the Build Alternatives of TH 212. For illustration purposes, the discussion focuses on addition of the 6=6 NEW TH 1:1 River Bridge to Alternative 2 . The general conclusions reached from these forecasts would hold for the other Build Alternatives also. Appendix B contains a description of the process utilized to prepare traffic forecasts for this addition to the Preferred Alternative. As noted in the Appendix, for this scenario, the assumptions utilized in the regional assignment process may overstate traffic volumes on TH 212 due to a lack of consideration of the impacts of congestion on route selection. With that caveat noted, Figure 9 is presented _ showing the year 2010 traffic assignment for Alternative 2 with the New TH 41 Bridge in place . Only volumes which change by 10 percent or more from the Alternative 2 are shown. Construction of the New TM 41 Bridge will change traffic patterns in two manners. First, the bridge • will provide relief to the two immediately adjacent river bridges, Old TH 41 and TH 101/TH 169. This will decrease volumes on Old TH 41 and Old TH 212 through Chaska. By decreasing volumes on TH 169/TH 101, some measure of relief will be provided to the traffic signals at Old TH 212/TH 169/TH 101. The second manner in which traffic will shift is a regional pattern. Approximately 10,500 trips with an origin or — destination south of the Minnesota River will be diverted to the New TH 41 bridge rather than the CSAH 18 River Bridge. Through the TH 212 Study Area, these trips are oriented to the I-494 Regional inter- _ change. Although about 10,500 of these daily trips have been identi- fied, the volumes on TH 212 will increase by only about 7,000. This is due to congestion related effects which will divert some trips from TH 212 to other roadways. Figure 9 reflects this by illustrating increased volumes on TH 5 and Pioneer Trail. -25- - _ — , tiii 0 . r= , LIJ IJ w CC 0 - ?if... ..."......- " 0, ..;,... :• 012 > la m• .4. - 7 ''" C.) CI (0) IA• rs ,...: •. ..J. 7., z .,'-'Cr-'' • E .. :..- :-. ..cit < II:5 443; ___. I E1 c,, s...... . - °.• 4 1/4....-7-......\ I \......../„.._, ,, .. ,---- \ .........„.............. '''•••••...---..1 , • • — • Z., 6. (-i 1 : .....::.:: ,..! % • 1 _. . 1 ••••••••••"... r 1 4.1 • • • • • • •• • • ;.J....1 • • ., . _ .. • C..7 - :, - • . _ _ . • L.L.I , .. • , .. — • mmi ' IP •o, - ' a .,•• a • . ••-.„ 9 / at r-, n e 00 ri : a , Y. e it 9 6 v 1 to tz w _ --..-- •••••;sh / , 1 ' 0 . \..--,.. •-•—•.-'''''Mr; t--?... ..._ 4t,_ . o ,1:A.,...::•••.' o — 14. •••-........._.............. •4.4 41,......2.' o.....” ....'" ..,........ ..-- _ ...1......".....9 • • • 11."- 00 ,Z) pc -I Asl•- to.0001.0 - to ___... — . • • 00, ........./ (3•00L01 '` (11-00L,:it ' 13-0:•:t..1 'Th'..***..... ...--.: 4................L.-.......7.........,..__......7 jo.,) ).,., • I / . • 6• • ' • ; • . V7,....-- L ; . . • • • • 01 A • I ; 'i /(:\ •.t4i •--...—- a a • s`, L /\j ....... . ........ ............ __ • - . . _. _. ;.....- : tl.• 0 i ' • : I • 1 . ' - 1 t .•V • • I: i . .. Ir. / • ‘ . ' - i.... :::•-- — .11•1•••• ,\\ As discussed in Appendix B, regionally some of these trips may not shift to New TH 41/New TH 212 due to this increased congestion just described. As such, the volumes on Figure 9 likely represent the high end estimate or "worst" case forecast for traffic volumes and service levels in the TH 212 Study Area with the New TH 41 Bridge in place. VII. Safety A. Accident Analysis The Minnesota Department of Transportation (Mn/DOT) collects and publishes data on accident rates by different categories of roadway. This data was used to project accident rates along New TH 212 for the "- Build Alternatives. Between Cologne and Chaska Township in-place TH 212 will be upgraded from a rural two lane section to a four lane divided section. The Mn/DOT category which best fits this upgraded roadway is "Rural Expressway" . Between 1985 and 1987 (the most recently published data) the three year statewide accident rate for this type of facility was 1. 1 accidents per million vehicle miles (MVM) . This value will be used as the projected accident rate for Alternatives between Cologne and Chaska Township. From Chaska Township to I-494, New TH 212 will be constructed as a freeway section under all Build Alternatives. The statewide accident rate for "All Freeways" between 19E5 and 1987 was 1. 3 accidents per `VM. This rate will be used as the projected accident rate on the freeway segment of New TH 212. For the No-Build Alternative the existing accident rates along TH 5, TH 212 , and TH 169 may be used as an indication of future accident rates. Presently the accident rate along TM 5 between TH 41 and I-494 • is 3. 60 ACC/MVM, along TM 212 between Cologne and TH 169 the rate is _ 1. 96 ACC/MVM, and along TH 212 between TH 169 and TH 494 the rate is 2 .75 ACC/MVM. With no additional safety or capacity improvements these rates would be expected to trend higher in the year 2010 with the No-Build Alternative due to increased congestion and its effect on traffic operations. With safety or capacity improvements such as the widening of TH 5 this upward trend to accident rates may be lessened or reversed. For the purposes of this analysis, future accident rates along TH 212 and TH 5 under the No-Build Alternative will be set equal to existing accident rates for those facilities . The No-Build Alternative accident rates range from approximately two to three times the accident races of the Build Alternatives. B. Violations of Federal Aid Highway Standards The proposed alignments and configurations for all of the TH 212 Build Alternatives will contain no violations of the Federal Aid Highway Standards. Existing violations along in-place TH 212, documented - previously would remain under the No-Build Alternative. There are 32 violations along existing TH 212 between Cologne and 1-494. NMI /- William H. Meyer and Jennifer L. Hafkey Hesse Farm West,Lot# 11 Chanhassen, MN February 2, 1992 •\ \./7 E` l; :-_ Citi of Chanhassen � U U Hon. Mayor Don Chmiel and Council Persons do Don Ashworth, City Manager 690 Coulter Dr. Chanhassen, MN 55317 Your Honors: We attended the Cite of Chaska, City Council Meeting held at 9:30 PM on Monday, February 1, 1992. We learned. to our surprise,that the City of Chaska Planning Department was recommending that the Council "officiall map" a new County Highway 41 ("New 41"). New 41 would proceed south from a new_ unmapped intersection with Highway 212 and lead to a new river crossing. The Ne'N 41 corridor would be located within the City of Chaska until it encounters Chanhassen land at the _ Minnesota River"bottoms"area. Part of the interchange with 212 would be in Chanhassen. The road is planned as a four lane.free-way style affair. My concerns are these: 1. Lots 7, 9 and 11 of Hesse Farm West in Chanhassen would be TAKEN by the new, previously unmapped interchange ramp (north New 41 to east 212)under the Chaska plan. A home exists on Lot 9. 2. The highest and best use of other lots at Hesse Farm West (south of lot 11) might be changed because the corridor right-of-way would be placed directly against the City of Chanhassen boarder and, thus. said Lot's property lines. 3. A wet land would be taken which feeds the pond on "Out Lot A" ceded by Harold Hesse to the Cit of Chanhassen. 4. Certain rare and protected wet lands in the Minnesota River bottoms may become threatened. 5. The Minnesota Department of Transportation has complied with Chaska's request by mapping the proposed lane "center lines" for New 41. MNDOT says that Chanhassen has not participated in the mapping process. Furthermore,the proposal was not originated by MNDOTs. 6. Chaska implies there is a tie-in between the mapping of New 41 and the approved mapping of 212. I am not sure why they choose such language. The Chaska staff responding to public comments finally did admit that neither the New 41 corridor nor the proposed ramps are a part of the 212 mapping. MNDOT has confirmed the new design is not part of the 212 mapping. 7. Chaska's Planning Department admitted at their Council meeting that their mapping process had nor involved the advice or consent of the City of Chanhassen. 8. Chaska will (assuming Council approval) immediately ask the Metro-Council for public funds to acquire property. Is it a good public policy to tie up public moneys in a right-of-way acquisition for a road not in MNDOT's year 2010 comprehensive plan? 9. No notice was given to the souls residing or owning property at Hesse Farm West. Discovery of the plan happened by a chance reading of the Chaska newspaper. 10. I will soon be applying to the City of Chanhassen for a building permit on Lot it 11. My ability to build or sell is now impaired without benefit of Due Process. — 11. The forgoing implies certain feelings on the part of Chaska regarding the sovereignty of Chanhassen. 12. Time is short. The Chaska Council agreed with the public comments to postpone its decision...only until its meeting on Monday, February 22, 1993. I request that you,the City Council Members of Chanhassen,take the following actions: 1. Direct the City Staff to contact MNDOT. The Staff would request a re-draft of the New 41 interchange. The new design should indicate no taking of land in the City of Chanhassen and place the New 41 corridor and all ramps entirely within the City of Chaska. MNDOT has indicated that such a design is feasible...but must be requested by Chanhassen. — 2. Direct the Staff to hold conversations with Chaska to coordinate its legitimate interests with those of Chaska. 3. Require that an Environment Impact Statement be completed regarding: a. the impact of taking the wet land in Chaska that feeds the pond on Out Lot A of Hesse Farm West. The wet land drains eastward through a ravine on Lot 11 and into said pond. b. the impact of road chemicals, salt, lead and the like on the pond on Out Lot A. c. the impact of the corridor on the wet lands and Fens at the Minnesota River bottoms 4. Require that Due Process be followed in the above matters. Chanhassen property owners must be — kept informed of their rights and given notice of official proceedings always. 5. The Council ought resolve to actively oppose all funding requests made to the Metro-Council by the City of Chaska. until: –' a. Chanhassen has completed its legitimate planning process and reviews. b. Chanhassen has assured itself that the rights of its'citizens have been honored in the process. Thank 'ou Sincerely. — William H. Meyer 73 Rockwell — 3660 Independence Ave So St. Louis Park, MN 55426 935-7480 (h), 371-4136 (w) _ cc: City of Chanhassen Planning Department, Paul Krauss — Metropolitan Council, Ann Braedon Minnesota Department of Transportation, Evan Green Harold and Pat Hesse Hesse Farm West Homeowner's Association, President / .r ,f est' - ' I4 // d. /i J 1 ,I -IY 431'4i* / h` / /' / • I I '111 ~ , //'i0 r / / Y r 1 MI 4/ 1- ,� //1 i, / �!1': / r 41 111 .�1/ 7%6 / 1 G ' /,�/ 15+.` / / I 1 Ill �r4 / rl ti / 1 I ill / i/i / r .7 ow /1/;,....1.4........,/,.. .. d �`` T� icr I 111 4 1 i% �1 u, w „, s /� ./ 1 `i<.1......./.. r 1 1111 i ' =„11• 1 s l N 0 i illi •"I i €i1 S�11 X�1�11 # 9 e 1 9YT� a.-IL-IT-It-1:- _-rr...,� i WI u d!' ! 171I � � 111.,...:, , 111 - `.\ ` rA I IIII j1. /) / f — ••.!, ... �1 f,r "_"' ' l ii rr t so ' �; ;/1:...ti)ii 11 ir11- ft 1, / j/ :, o�� aeR \ �_'F ' /.\ 1 Ilh . l i AI 111.T l: '•C ,11%.''' i of° �\ 4 i ou':o' A c`':"•c-•` 1 1,:,1111 n'I / // `S 4.c e's` ',gF- ` tuil11 I 1 111 91 11;1 12 \'•��• 1 G.. .. E 11 I 111'' 1 ii 1111 h 1'/' %.-.....z.....,, `� 1111 11'H 11 lY: �• /rill Ifni / •�•.J~� / 1111111, N lint i !i 13 ' A :./ 1111, 1.q.;;; , fill — III II \ Ill II //..._. 1, 111 11 \., 11 :T.::..7,:,:.!k h(i r 111 1` (--` till IIII -„ 111 n, rJl �Iltl ,/'�rr i i .\ u:� 1 a 1 ] 1� r 011 ), \ 1111 111 i — WI 111 1111 Ilrl /1111/111 lilt /, Il lti 1111 1 IIII 1111 IN n11 n:::: - Iihl•.1,11 x:.om 4 . Oatat•&*‘. AL‘GNhEMT Cv►c 'cLc4 4atvvos*,` __ > .01.a. — _� VAR• 1100c `�� t ri 1100 A (/� r I. / N�J l f .. \ /'l , /700 100 4.-.4e: �) * I Anilliti OW,t. /4-#-- IOW lta 41:2) ' /- `� -a 4,,i- a / 101 4 000e _ — rD�• ----"-}„ _ . . Alit' _. L,411 r.,-iki\-5 'am _. 030c - , - I �i , irip.ii iiiiiii-._, .. 4 r .. , ,411 i .., 010111r1.." I. X00friller 4 r nboio,"; 7 PIPIr 'Ina S 1 �� i 140 . .. if 3 ,..-. ------�— — COTT — r - — City Council Meeting - February 8, 1993 MAPPING OF NEW HIGHWAY 41, BILL MEYER, HESSE FARM. ;S: Bill Meyer: Thank you Mr. Mayor and City Council persons. My name is Bill Meyer. I've owned a lot on Hesse Farm West , just on the west side of Bluff Creek, Lot 11 for, since the summer of 1985. We were surprised, I got a surprise call about 8-10 days ago from Harold Hesse, who had on a chance reading the Chaska newspaper, discovered that a week ago tonight Chaska was going to be officially mapping a new Highway 41 corridor which would proceed south from the currently mapped 212 and the right-of-way would be located directly against the Chanhassen city border. Located in Chaska but against the Chanhassen city — border . I was surprised because we had received no notice and knew nothing of this. It turns out in addition to the corridor being directly against the Chanhassen city property line, there will be a diagonal ramp connecting 212 with _ the proposed 41. That ramp alarms us in that it involves a taking of property on the Hesse Farm West area, specifically Lots 7, 9, 10, and 11 . I own 11. A number of issues in addition to the taking of land without notice or process are alarming to us. I'm concerned whether the land south of us, which is also, contains housing. Single family housing. If single family housing will in fact be the highest and best use of that land in the future with a freeway style road proposed by Chaska, abutting those properties. There's a pond on the Hesse Farm West which is fed by a wetland that would be consumed by this road. In addition to that , the road would presumably lead to a very expensive river crossing and at the south, the river encounter Chanhassen ground once more. There are some _ pristine wetlands in that vicinity and some fens, I guess it has some environmental import . Of real concern to us is the fact that Chanhassen knew nothing about this. Perhaps that 's why we didn't get any notice. It came out at the Council meeting that in Chaska that there had not been coordination with the staff here in this city. And in essence they had asked MnDot to simply draw some lines in a corridor for them and MnDot had complied with that . This TH 41 is not in MnDot 's 2010 plan, according to MnDot . It 's not in the City of — Chanhassen 2005 plan, which some years ago Barb sent to me. And I think anybody buying a parcel of land over there would not have had an expectation that this sort of mapping would go on, or the potential that land would be taken from them. A number of elements involved but I think you've got a long agenda and _ what I would recommend simply is that the City direct it's planning staff to coordinate with Chaska and make sure that the City knows what 's going on there. I would recommend that some sort of environmental impact statement be conducted — before any official mapping be done. As I said, there are wetlands both in the river bcttoms area that may be effected. There are also wetlands and a ravine drainage ponding system located in this city that would be effected. And I think beyond that there's a basic question of whether this is an appropriate corridor for a farm to market traffic pattern that currently is of trouble in downtown Chaska, which Chaska is apparently seeking share. To share with the city of Chanhassen and I'm not sure if those traffic studies or the general thought is to the need for a road in this location, or another location, is in fact recent thought . Needless to say, these questions come up because there has not been a public process. There has not been notice or has not been comments. A lot of the work is apparently old work and work that was not mapped and somebody looking to buy a parcel of property over there would not have known about or had any cause to be suspicious about . So in essence we would like to _ see the two cities coordinate their efforts with each other. We'd like to see the ability for some sort of public comments. Some sort of discussion about the appropriateness of the road and the location of the road. We'd like to see an 5 City Council Meeting - February 8, 1993 environmental impact statement be conducted with regard to the effected ground. And until such time as those sorts of steps have been completed, Chaska parathetically is apparently going to seek RALF money from the Metro Council — almest immediately on completing their mapping and we would encourage the city to not cooperate. To suggest that delay be the current mode until such time as the process has been allowed to take effect and work it 's way through the system, which to this point has not been done, at least with respect to the — residents of Chanhassen. So I thank you for your time and any questions? Mayor Chmiel: Does anyone have any questions? I did do a little checking on — this and did find out that , that road has been in the picture for something like 25 years right now. Conceiveably with the 212 corridor and with this all really happening, it might take an awful long time before you may see another 20 years. But with that staff is in position to discuss with the City of Chaska, even though they didn't bring us into the discussions when they proposed this. It was all news to us until you brought it forward here. And we've had some discussions with that . Discussions will continue and I'm not sure whether the — EIS or an LAW would be required with that proposal . But I'm sure that MnDot and the City of Chaska would go through that particular process as to what would be required to do in that corridor. So with that , I guess if there are no other — questions, we do thank you for coming in and we will keep coordination with them. And if you'd like to, at some time get back to Paul Krauss, who is our planner . Paul could probably keep you updated. Bill Meyer : That 'd be great and to the degree that notice can be provided to the homeowners there, that would also be appreciated. Thank you. Paul Krauss: Mr . Mayor, if I could add. The City Engineer and I met with the planners down in Chaska and MnDot and also with the Carver County Engineer this afte-noon. We get a lot of background material on this. They apologized for their oversight in not notifying us or the neighbors. As you indicated Mr. Mayor, this is apparently something that 's been lurking in the background for 20 or 25 years, and it probably will stay there for another 20 or 25 years, but it does raise some legitimate concerns. What we had anticipated doing is having representatives cf the County, the City, and MnDot come before you at your , well it 's either going to be 2 weeks or 4 weeks from tonight and at that point we can give you a lot more feedback. We're not at all sure what sort of ability we _ have to interact in the process right now. This is only a section of the right-cf-way. They're using regional dollars through the Metro Council has set it aside sc a developer doesn't build houses all over it . We may not have any latitude on that process now but we certainly will if anything progresses and — there's any environmental studies to be done. Mayor Chmiel : Good. Thank you. Is there anyone else that would like to have a Visitor Presentation? It always sort of pleases me to see that we finally have some faces in those chairs that we normally have. I know we have the moratorium of course discussion coming up, which is the next item. But it 's a definite pleasure to see as many people here. Thank you for coming and showing your concern. 6 CITY 4F 01 1 Pi I CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 March 8, 1993 Mr. Peter Olin Minnesota Landscape Arboretum P.O. Box 39 Chanhassen, MN 55317 Dear Peter: Recently. I heard a story on Minnesota Public Radio concerning the perceived impact of urbanization on rural or fringe areas. Although I only caught part of the story, the report appeared to focus on Plymouth and Chanhassen. I believe that at least one of the two individuals that were quoted works for or with you. The story contained several serious misconceptions. For example. one quote indicated that the individual was appalled at the possibility of development occurring around the Arboretum. He stated that the only reason Chanhassen is considering allowing development in this area was because we "are jealous" of industrial growth that has occurred in Chaska. Neither I nor any other staff or Council member was interviewed for the story, so we were not in a position to lay this ludicrous statement to rest. Furthermore, no attempt was made to discuss all the initiatives being undertaken by Chanhassen that have put us in a leadership position in the areas of urban design and environmental protection, efforts that you are by now certainly familiar with. In the last few days I have begun receiving postcards and letters from members of the Minnesota Landscape Arboretum Foundation (copies attached). They appear to have been prompted by some sort of notice or newsletter from your office. I have no knowledge of how these people were alerted, but given your past handling of this issue, I can only conclude that they were not given all the available information. Finally, at the last Hwy. 5 Task Force meeting, out of the blue you suggested that there be some sort of a zone established around the Arboretum. While you were not specific, this sounded a lot like your attempt several years back to have the State or Metropolitan Council undermine the City Council's authority by imposing a zone where presumably you and/or your board would be able to have the ability to impose development standards without regard to local self- determination. As I recall, you told the Planning Commission that they had an obligation to preserve the Arboretum's setting in what you consider to be a natural state. ILO PRINTED ON RECYCLED PAPER Mr. Peter Olin March 8, 1993 — Page 2 Part of my purpose in writing you is to express my concern and dismay that you appear to feel the need to work outside of the Highway 5 process of which you are already a part. You were invited to serve on the Task Force so that you would have an opportunity to air your concerns and have them dealt with in a rational manner. At the very least, I would expect you to do the — City the courtesy of allowing us to comment on your efforts since we have made considerable efforts to offer you this opportunity. Finally, I want to restate my position of several years ago. As a representative of the City, I will not recommend that the City in any way support or condone any action by an outside agency that will diminish the City Council's ability to manage the community in the best interests of our — residents. The City currently maintains a very effective set of controls over development in our community. As you are aware, these are in the process of being supplemented by the Highway 5 program of which you are a part. Also as you are aware, the Highway 5 plan is taking great — pains to ensure that the Arboretum is protected as a community asset. If you envision there being a tertiary level of control in the hands of the Arboretum or other outside agencies, I believe we have a fundamental misunderstanding. Based upon past actions of the Planning Commission and City Council, I can only conclude that this will not be allowed to occur. Should you continue to work with the Hwy. 5 Task Force, I would hope that you will be more forthcoming regarding your concerns in the future. Sincerely, (77:4 Paul Krauss, AICP Director of Planning c: Mayor and City Council Planning Commission — Highway 5 Task Force CITY OF 04CHANHASSEN , . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 -16 March 8, 1993 Ms. Jane Kristianson 3801 Huntington Avenue Minneapolis, MN 55416 Dear Ms. Kristianson: Thank you for your recent inquiry to the City of Chanhassen. We have received a number of inquiries regarding the potential impact of development and the Arboretum which is partially located in our community. We are not sure how you received your information but believe that at the very least, it appears _ you were not given all the facts. Chanhassen has long recognized the importance of the Arboretum to our community and has taken great pains to ensure that urbanization only occurs in a coordinated and sensitive manner. In fact, Chanhassen is the home of many important -- sensitive areas we are working to protect. These include the Minnesota Valley National Wildlife Refuge, Lake Minnewashta Regional Park, Camp Tanadoona operated by the Camp Fire Girls, six major recreational lakes and the Bluff Creek valley. Additionally, we are blessed with over — 400 wetlands. In recognition of the need to protect our resources. the City has worked diligently for many years. We had a no-net-loss wetlands ordinance in place over eight years before the rest of the State of Minnesota dealt with that issue. As a part of our Surface Water Management Program, we have updated our wetlands protection program to the point where it is now considered to be a model for other communities. The program is additionally working to halt and reverse water quality impacts that result from non-point runoff. We also have a tree protection code in the process of being updated. We have also been extremely active in the area of urban design. The Arboretum is located in what we are calling the Highway 5 Corridor. Recognizing the need to ensure that only compatible development occurs, we have established the Highway 5 Corridor Planning program. We have a Task Force working hard on the plan and have included Peter Olin, as a representative IS- t PRINTED ON RECYCLED PAPER March 8, 1993 Page 2 — of the Arboretum, in the group. I am enclosing a copy of our "Building Community Across the Corridor" newsletter that describes some of these efforts. While it is clear that the City will be — developed and ultimately, that roadways will be improved, the Highway 5 program has the following goals: • Identify environmentally sensitive areas and design protection strategies • Develop an overlay zoning district to ensure that when development does occur, it meets the highest possible standards • Work with MnDot and other agencies to ensure that road impacts are minimized. In fact, we are working to reduce right-of-way and grading requirements, minimize impacts on trees and wetlands, incorporate significant landscaping,etc. For example, we are working to utilize a bridge over Bluff Creek rather then a culvert, to preserve this recreational and natural feature Chanhassen has also been an innovator in many other areas of interest. We are one of the few — suburban communities with a strong and vital,pedestrian-oriented downtown. We have expended considerable time and money in this area and invite you to visit. We are also working diligently with Southwest Metro Transit programs to reduce reliance on the automobile and are having excellent success. I hope this letter has answered some of your questions. Please feel free to call or visit on your — next trip to the Arboretum. We are proud of our City and like to have the opportunity to show it off. Sincerely, • / Paul Krauss, AICP Planning Director c: Mayor and City Council Planning Commission Highway 5 Task Force , N1 I N N E ; 0 -r A 1_ A N I: . c A h l: ---•`'....4;v -i: • :t. ` .q! �r , g. sr ' fir eL , iboretumNew s r, NI r • ,, :I_ , l} • ,1 „ \i \i _ . I \:i 2 i • .. i ! 1 1 .•. . 1 , ---."'-"'AiYF:4.- lz...,, - iir••4K-.. •,.;; ' •• : i .r t.:./•4. • • . .4 , One plant's ideal soil is another plant's worst enemy. : . milk e ? ' Far left,Asclepias tuberose(buttertly weed)thrives in : i•• .. . --: j1-1•. sandy,well drained conditions while ins sioirice t-• •_ ;• (siberian iris). left,enjoys rich.moist humus.All soil _ t• - e, r types benefit from the occasional addition of well :; composted organic material.shown below. :: fs7 id,I�AR .y' ,• 1 r,_ t rt_ -•"yam. A....\*.! • •'.,:.•� 'f , It'. \. qki ^i •' , . 0 E , - .,..../ '445• 1`.. . . -- ' Ifli-m4r.' -'''.% • ..;1;. � ,!R ## rte- _� \1l.ti!•i.r t� ` •— ,.,„ • _ . I t t % t diiti , • l •az - 'f • t t! t �4 �.•C'%% lr �- �`- r rti.. 1� 'Y i.., miff`•I. RS •'�i� T.I• t ..� h'" ••• • 'r • c, 1M �;. = t;i•. 1C iil��l j • •.:•.-......,...,..,..;::- i, . ) . .. PRIMING YOUR GARDEN SOIL II .,;; . ;4 . . .t. .t4.. NOTES _ _ ;,. ?t'r ,OWER •, � •J - .,• • •,•...... . FROM 'SHE ^'t •UNCH • : -•,• UNDERGROUND . . „• ...21 ... :, ..V,;in t- IIS STARK CONTRAST TO THE BRIGHT. COLORFUL LEAFY world t:i JonT,' 7:E— :ER � ,�ll •above—the soil, gardening's carker side, :s a mysterioc s .y� .-iG underworld of pale succulent roots and dank earth. Mostly .- :y':•Pk unseen and often neglected, soil is the foundation of a beautiful, .--F.,.t ` productive landscape. .yr A healthy, thriving soil community provides four essentials to •- ' .� + • plants: air,water.food and a firm foothold for the plant. Many obstacles can ''!Prix. ' a P..--.-.: •• prevent the attainment of these essentials: impenetrable clay,poor drainage. .. '• ` •: poor moisture retention, meager nutrients, burning salts. and so on. Forta- ` , • nately,even the most stubborn and barren of soils can be improved. • •. • .. THE SOIL SURVEY -?,*f Knowing the depth,fertility.texture.structure.and organic matter cnntcnt of your soil •_~ '+e is vital to planting and nurturing a productive landscape. By digging trenches or pits in •' • - several places you can study the layers of your soil's profile. Topsoil.the uppermost layer of soil,is the layer the gardener will spend the most - .. - - (' . ,, , •1 VI rr) ., , p ) ,l RC"1" ."..) ; MESSAGE L . 1 CRISIS L EVERY NOW AND THEN SOMETHING 0 A farm.critical p.etely removed to accommodate CONE'S UP that threatens the growt at the Door because it connects the development of the proposed one and of:he Arboretum.Sometimes it's a Arboretum.end the Horti- two-acre buildings on this currently financial problem.other times it's /,S•PETER OLi . cultural Research Center steep site.This development also puts drough:or a had storm. We devise Dy,,.ee.a• alor2 Highway 5,is likely to light industry,a gas station and multifam- solutions to these problems.solve become a prime residential ily housing up to the border of the la them and move forward. At this time, development 1-liens our back Arboretum on me corner of Hignways 41 a new problem sits at our doorstep—a doorstep.This land has half controlling and 82nd Street. , seemingly benign situation called interest of our presently secluded Amazingly,even the Arboretum Inas "prcgress." Wood Duck Pond.Up to now,Arbore- been approached to sell the Horticultural Progress is the^reposed development turn purchase offers have no:been Research Center(HRC)property for a looming over almost the entire Arboretum accepted. shopping:enter. Already,east cf and 3 perimeter.It threatens the sanctity of our 4) Behind the Arboretum on the sour adjacent to the Arboretum Horticultural J. grounds as a haven for plants and people. boundary.a 2(1-acre piece of land was Research Center property.old tarts have and it compromises the inherent integrity just placed on the market for S 101)00 per mostly been sold for future land speculation. I of the singular beauty here. acre. We cannot buy all the land around us. 1 Over the past several years,land 0 Noisy mo::'r traffic will dramatically We should,however.expect to have speculators,developers and corporations increase on the entire south edge of rite compatible development surrounding us as have been buying the open land surround- Arboretum—should a push by Chaska, a.special development zone.The Arbore- ing:he Arboretum.Chanhassen.Chaska Victora and Chanhassen to connect tum is t nationally recognized resource and and Victoria arc also busy with approved new County F.oati IE• in Chaska to the needs special consideration for compati'ale and proposed plans to: (1)widen state propose:upgraded We,:52nd Street usage to its surroLnding border:.Tne impact al• Highway 5 to four lanes up to the and Bavaria road succeed. of all: is development aria roadway Arboretum's border;(2)widen and 6 &. 0 A final blow in the form of a enlargement could be uevasta:ing. regrade Highway 41 at the intersection of major industrial and commercial ND authorization should be given to Highway 5; 13I Widen and straighten development (some ]?6 acres)has just development wh°ch destroys the natural Bavaria rood along the Arboretum west been conceptually approved by the features of any piece of land,be it water. f border:ar.d(4)widen. straighten.level Chanhrs ere Ci:y Counce for the wetlwids.vegetation or landform. urthe-. and pave West 52nd Street along :he southeast corner of Highway 5 and 41. no deeloprrent should be approved un::: Arboretum south boundary. Tee It.ndtorm, will need to be coin- the de,eloper presents an appropriate On the surflt_e.:r.ese plans almos: .y seem wholesome at best and innocuous atrticuttural i worst.But probe a little further,and the rch C `'F �=enter :- 'i%i combined impact,if allowea to proceed '/ ///� Proposed :1•;lir ewashta I / Bavaria Rd kwp 41 unchecked,becomes alarmingly apparent: 5,; -, / Upgrade 0 Mills Fleet Fern has parchssed >>': farmland on the northeast corner of �//� ///// Z j 0 — Hignu ays.5 and 41. intent spat: '••/ - buil:):ng a largediscount c::re there. / ,/„../ /�%//1 Hwy S r/Ali:� ..r.�. - iii; // % ii�/i/ (w} �l;�r?hxl::.! ate t;�he Acted to I`.r , c;F/,/%// f '•' tie%elopment untietwz.} acro..,the ,.!!--.:t1 yf'/// • 1=:01 the Arbor:rum entrance i ,W/7/, ,',j/ ' / / 0 S,:,uare):. in the center of a major llnl '//'%� :7t'N'Siled ol'the Arht►rYtUm,just west :e�%, / , //� , ' ,� Propcsec of the ab::ve-mrnl.cnec sit;. a muild• """ :'..1-1 / County Hwy tB , ab.e Int ;r,cac:ally ,inning in Lake ,,,, , , l:' ti' 1111111111 11111111 _I 11inni-:::1411-1 await,:,',u�:r to gyral .t> Yucerb // 0 , fate its a trcnuutent :o lax ,taltdards. r4i. 4 A \ -. t' l \ (' i '•1 I 1 e P. •4 iM 10 • • i}:t . 1 I I t,. ` "' i r . }1 . v of 'UNTEER con.el�•.ral pian whi.•' rel..:c•.new ; nis11Uti, :111C1'�0 ,lle.> I1L::n'41 rc•.Jn1W,. a •,� " r '1 4.. and r :t'•,fl'\p:ct l:•thy. :l1ItU1:. develop- OPPORTUN1TI ES �F ..r'. •> ren: :atter. set ov: by the city .. r Ili_ ,i '' if}ou are ir:etestea in any of the following,%oi..:necr :'s t w h,1 an o: do::-.•heir,die Ashore . . al di. i .* :n`' At the moment. a:rite:e the opp'-`nunities.plc4s:call Shirley vlah k,)oy un. ' .•_ • li!I +re ' volunteer program coordinator,at(612)443-2;60,ext. 0• - '' Ch_nh.sser City Ccunc::members 566 "!: expressing your concern about the development arcunc the Arboreta H and its Office Assistant—Assist with research on grant aPp::cantos,typing,filing.photocopy:rig,data:ntt;.. paten:ally deleterious impact on our site: • g r t H�s asst:� C n COUNCIL mailings and other clerical .asks as r.eeded. Compute: 6:1+' C!:cLTE� Dhr:t. knowledge.:s helpful but not necessary. Ori•-the-rob . _. , (:H '; .. :'. MN 55317 training will :ncic.de learning Wos:Pelfec.and Dlia e • vj'e .:ill roc:.i rhe he.,of neer• :reml.-er en the comp-ter. Job-, •.:ail.ble Mor.d.:y-Friday .....• ';;l1 only. Ccnni:men:s for 1!2 day a week. •''• aro' 1 !I: and leu, to rake: major change in already.' ) .-::111111• • app-:.c•d and pro_•os.ed cevelocinc1t 1 hoe Giftshop Helper—Job duties include pricing. waiting. . i�, we ca 1 r•'ur l.1r yot r:-..peer. lr on c us terneri. sorting inventor:and he:ag cashier. ▪ i i• 1 He..-r. is needed on weekdays and weekends. On—the— • , '-‘• -o h tra.iing will be provided. Commitment is for 112Pij'MUAi"t day a weer. ''�t Annual Hospitality Aide—Greet and welcome the -,-, -'i , rel• •I. Third �nnual :isirocs ir:the tearoom. Help carry the food trays for 11: , 7 - t-e elderly. disab.ed and families with children and ; 1111' Pa I'��:1J.lg LCt (..,:inference beverages ta the diningguests Help is.needed : i 11111 - •gin Saturdays anti Sundays from 11:30 a.m.- 3 p.m. . .F March 19,1993 On the jo`- training w:'.:be provides_ Commitment is t ill 8 a.m.— 4:30 sane for either Saturday or Sunday. .;.▪- 1I In A. Minnesota Landscape Arboretum ' Fee, lurch inclined:940.00, 515.01:students . •• _•:^•'F._ntt ` .1� ..• ,�' Voluear Appractatlon Day • The Minr:e:.:to L.rdscar'e Aroretu an: the . Be stare no mark your calendar for the annual sprang ;>R• {-: tvlintesota Chapter cf the American Society of Volunteer Appreciation Day to be held on the afternoon • — `.:..v` :1413, Invitations will be sent to :-' Landscape Alchitecta are pleased to nnnomce an o::r� : irn 'live:va3 of it•'int parking lots—beyond m' - ;$ s'. , "t.•' helped in]992 with l• 0 . ;ta hob s-,.,--.,.--01-...• '-` ' 1t ee tithe:•For Mem—ben-of Plant -'• i plait and plants.th•:per :nz lo:as a pieceof art. Y �� . .;, — Ch.::enge your definition of a parking lot by listen- •.1,1„.•,.....,$),..„,,..!„../62rh'.•1r�;;s-sI 1eMyer.6 , - : • ins to rrn_rning xeyrete speaker Dianne Bos,visual • l ''fit n,;•�e Plant�5octety forge tee, •li ti a.1_i manager for Harhojrfrort Centre,Toronto as site ;aw• I.•:.1•:,...!...1.,..+ 'g,: ,' ~1,'1 - a'' r - • - denic,strLtes the-.ue of gardens as art:n the toughest 44a`'s i 1$-•-••••,--' _ • f..•`' of all urban environments. Stanton Sears_a local �— . err:iron-~en:31 artist.disclsses the artist's perspective trees that survive and prosper in the parking lot of a p..-li:ng Io:;heck Becker reviews 3teL parking lot eivironment.Engineers Mike Marty ane Bill Cod. •=,•-,',: happenin_:znd Rip Rapson.deputy mayor of consider alternative methods of construction and a -. , Minneapolis.presem•the ci:y•s novel ideas and drainage that reduce the negative environmental • - _ .4. . — a7ploache - arptoaches to the harking lot. impact of puking lots. The atle'rnocn fectures keynote speaker,Jon Spethi thanks 10 rift_' US. tea• r'Seel* rlrvw .I r•• Burley.:ands:ape arc-litect. University of Minnesota Forestry Censer for a grant in support of this confer- ail. ' : al_mnus and doctoral candidate.presenting findings ence.To register or receive more information, call . 1 . '; • ;y ii'li! on now grow in:mis difficult environment. Carol Spa 1,443-2460 ext. 772. Register by Marco . � ill' i. • Extension forester Gary Johrson discusses alternative 15, 1993. P {I • IMMO NNairch S , ( qcS C1 r\kaSse.r. C CrLoCALL(r‘Lc.-\ Th&r 4 S, — t� Af-Q-E lLT Lzse)...t..` 4 re- a w t rc Cl.k% re(TON' PV-7t-Ar 0\ n 's rne_sset-ce._ 1\1\OA'Ck r1 — frkAD,Or ettt ek.o5 rM teArrn:r‘L przypo sQ 1 e.rN7 a rt1 Per b6rel-Lon. — P 4 se_ h� � wl14)-:- \,41_ s cu_cs-s- ctb tum a- 5w40(okn Caw\poc jb Q.. A exckap+�ty - 2o nIlTs e. Y� s a_ rtaTVa- aPQ pct,^ cure 4_ q n� 1 �t4 � C�� i 6 �Gn;.\ ` 0;;l1 ; s Q� YvkArck-cre e- a n Z k C r ;\rkc, (--d-Cr oTh (51/t"e• r s k1-�t.wb cu � rr errA1 , Se-✓ - cl_r_..1i1�S, C'\vc -zc_ a 1n a se 61 V \CcEiY cam. a/c ca.ks a r Sl\o.re_woe , S c-e n-e-r r - k ; 'v1-1 1e f. s T w; S 4"\c(r a (Ncai t asc tme____ °krz 0- - r+n•e s Ye- aiat S 4SSeX - Lk) h �o.e t___ hey ems L ei c h er)p-e--1 1/t s o n a r,Z W z rNe ctr) Ph)T'Qc� r: RECEIVE1 s nc - :),Tv 00- (-IF�rH/ISSFh w 1 Y\� 5i-L4 8—c1 — crane 1'. X¢isttansson Rf.GEIVED — 3807 cl{unttn9ton egvenue eftinnea/otic, e'�Qn. 55476 10i. / , 1993 CP Y ut Cr,gn1HQs f^j Pi,,,, iGt 'z -;'7 f.Fif t/ �..4-,1-.11/4---- C`72. ,44;,(--,.7.."( < ..-16'7�u : rJ�� G�,� � / 7).2.4 -Eer- ��- L i I L. Q y --.a.eZit.,ei,sec,et>n-i--76,-"77-‘ / 0,71, ..e.7t. , !fad"._ .." ._4 , v ethl- 1.04.-1-4-,2 i„,?je /f-- -1 /44- , .._ „ ,...,,,,,„%__ , 1-,e 74i, it,-..#7._,-,6., ..,-z4-71.(74,liz-74-z-e- ,, -�C .2_� ,',,ter Ate. '?' ,c .. % //,/ Zal...C2C. `I Z - 6/3 - -RECEIV Coun MAR 5199;; CITY OF CHANHASSEN The E'C e i2i c. L Ilk) s u, ey o � ti �� e T ce Kau i , +-t-e 14 in/4 J w r•a' 104i 0'1 4A - /o K v' ct-e c S / i C o nc--,40/11i15 71-410• 4 d 74-4e l yeti K L e e p 1 k? 'kwp el /OQ/ /tVOr1/ - — nn 1, 1, Q5 -/ c) v1 i ( ua1 c1-rd I / -e L' Iv M e,1 "9- 7h 1.5 /1 ec -SSav/ — ' l 4-0wiG✓ �'�lr ►f � t�' S � C (CIS.S 6.,,ay? l Le-re{ ' / Gq S / ocrid M <! Su'' e /4.176� ✓ � u S � I.1-6 d1 ' z ,1 uq si - rtL - - / 61+,, ► ✓I 14' / TL( 7`l t q f `uO,Sikti — iL'=%�` e se r^ w Gi 1-f - ci/ yo{, (`0c; 9 +h -ef/' — 15 r tektQL e ef 46.e 1-41. 5 L4)61/1 u S e •P Lctci 1_1 w ?Ili*. l,(,) ri d Paqi C .4,4 u e gf frrri "t-• a 5-91 47 ,i . sf303 _ `3 93 RECEIVED e&.t/ � �'�-�-�'�✓ 63MAF 5 199:. - OF CHAN . CITYHASSE� Xe' ' .( 47--/-e-e-, , C2 ��✓ 1`---�Cif / GZ� / „et- A -z; a 41- yet< RECEIVED MO, 199. Marcn 4, 159a, CITY OF CHANHAssFN Richaro & Margo Berg 4706 Oxboroug'l Lane, E. B 1 oomi ngt on, MN ' • • NEM . . - . _ t j•ii. cI• :_•••71•1-11:t t proposeci new CIEVe_ • • • • us •e,4r . -• c.c.= t he 1--:rec.o-7.teurr tor .7 years now. Frankiy, the A r- • - iamlly ' escape' on weekends. Wheneve- we cet . • 1 e•4fo.1fra pIPasz,rit early rocrnirca wail ••• , •• . t . • ti'• "). ; k•-iL3 01.1'r t te.,11 '•; er roorntni-•• we • : . • • .• • lent t,'" r area at . • • -.E. • ,-; r. • - • - r - • L • nct ) I r•et.-I. et; e • _ : : or ow- :VOL 1 Ckr.. "1 . . j j .„! et, y f t r1„. !, t ;• k ers; • 1 y 0•••• c. r- '7 / _ .4 February 28,1993 /.; �� ' ` ' `. Chanhassen City Council 7( / P �. .. !' s . . . � 600 Coulter Drive ) � . Chanhassen MN 55317 Dear City Council Members: I am writing to you to express my very grave concern about the development being proposed that will surround the Minnesota Landscape Arboretum. I lived in the Minneapolis area for almost 30 years before I became acquainted with this wonderful retreat from pavement, buildings and urban rush. I'm just in the beginning stages of finding out what this oasis has to offer! I don't want it to be compromised. You have a very valuable resource in your city; one that should be promoted and protected - not hemmed in by _ development. Isn't this Twin City area overrun with shopping centers and strip malls crying for tennants? Your tax revenue you say. Will money once again rule? Is there no value placed on the irreplaceable? A wise city that values its unique resource would protect its asset with a buffer zone around the perimeter of the Arboretum. It would provide air quality and sight protection. Please take pride and pleasure in this asset to your city. Protect it so that it will continue to be a resource for all Minnesotans to enjoy and from which to benefit.. Don't hem it in with strip malls and 4 lane highways. Don't dissect it with the proposed Hwy.18. Don't ruin a good thing! Thank you. , • ) 'I •j-• --/Jackie Regan Member, Minnesota Landscape Arboretum 13425 Minnetonka Drive Minnetonka MN 55305 cc: Minnesota Landscape Arboretum • 1531 East River Parkway Minneapolis , MN 55414 - March 2 , 1992 Chanhassen City Council 600 Coulter Drive Chanhassen , MN 55317 Dear Council Members ; I am a member of the Minnesota Landscape Arboretum and have just read about the developments planned for the areas surrounding the Arboretum. I am very concerned about the impact that these projects will have on the Arboretum . Research done at the Arboretum has a positive impact directly or indirectly on all of us . It contributes to the beauty of the world we live in by developin new plant materials that are more "cost effective" because they require less car or are hardier and long-lived in our landscapes . A reduction in pollution is the result of the of improved horticultural techniques and introduction of plant= that need less fertilizer or pesticide , thereby reducing the damage to oL environment . Agriculture and forestry concerns are a major focus of the researcu. done there . The battle over " improving" paved roads currently rages in several places . I Minneapolis we struggle with what is gained and lost by paving over established urban neighborhoods to allow those who live in the suburbs to reach their jobs— I am disturbed to learn that the Arboretum will be ringed by four major roe " improvement" projects . Who benefits the most from these larger roads? Won' t it mainly be of short-term benefit to the developers who want these "amenities_" to help sell their developments? These developers will not remain in the are to mourn the losses necessary to provide them with these roads . Will the are,, benefit more from additional pavement , or from preserving a more natural feel to the area? Our Arboretum is a very special place . It is well known regionally and nationally . It would be a shame to lose the special qualities of this places simply to provide us with one more mega-store , or by allowing further buildin that is profitable to the developers , but leaves us poorer as a state because ol what was lost in order to make these profits possible . I understand that it is difficult to balance the needs and rights of all parties . but I would like to voice my support for doing what you can to preserve this unique resource . Natural areas that are accessible to large numbers of peopl— are becoming scarce . As these areas are destroyed , we have to build more road to get us to those areas that remain , and we must then provide services ( yet more development ) for people once they reach these more remote destinations . I do hope that the City Council considers the proposed plans with an eye to the futur of the area . The very qualities that make the Arboretum area so attractive t„ developers are likely to be destroyed if the only considerations are the potential monetary gains . Sincerely , E�y � • P ( 41993 OF CHANHA�SEN Paula Denman ��TY e g le k-C-57 A„ z - 71/ 4/6763 7 c -6-1,4e-e-eg zi , — • e2") / 9 L/ Jvxte , c a trz.a.. (A' /tit 4 -eZa z - ( '04.•_.2-4.4Z St.Paul-Ramsey Medical Center Ramsey Clinic —_ 640 Jackson St. Department of Surgery St. Paul, Minnesota 55101 Steven D. Eyer, M.D. 612-221-2131 RECEIVED Maz: 199: CITY ur Chanhassen City Council 600 Coulter Drive Chanhassen, MN 55317 March 2, 1993 Dear Council Members: As a member of the Minnesota Landscape Arboretum Foundation,I am concerned over the development planned and occuring on the perimeter of the Arboretum. This is truly a special place for its plants, animal habitat, and serenity to the human soul. Development around it will spoil this special effect. Development in this area should give careful consideration to preservation of its natural features and certainly should not include shopping centers,parking lots, housing that clears the land or fills in wetlands. Please keep in mind the treasure that you have in the Arboretum. If protected, it will repay your community with dividends for generations to come. Thank you for hearing my opinion. Sincerely, Steven D. E M.D. Equa! Opportunm Employer Mx4,4,?943. 9usn Sias , Ina..dAF..e , d.<e pts d; si-ora-rcc� o,- -� 'TL�c ht Lig Ad o SteA r'+C/.' 13o R z_te _ t , • c::371-1-372• ' - 11-% ccL - :{— ,s ti erk< Pra.t) rs sok aKi c.fi i a. Ate 174 m 4-'z4 a Re��; JAMES KERN J) 440 FIRST AVENUE N.E. ( ORONOCO, MINNESOTA 55961 C I-114.144SSEN cO7 cv,4L 60C Cc tAlfea1)/Z.: 6.412 whZ' SSeNi AAN S5317- 3/4.3 RECEIVED - M:= 31993 ✓ de CITY l`� �nr,��r•-,SSENV — G:e � � i C/ ,t/2e G �sZ - c •cam .��iu. 7‘ 12e g >911 Q a-u- - i dip �J r zi - oet� "_.e) a.ge ef Ze- G 7yu . �' � u , hi d P.S, - • - , , ..t,. .,.,, G - - h; — IS-c) e „pi— -- - �JMOLENAAR e 'O CON MN 55009 _�'2 ; (' 4bZs n 2 N '' a ` -431\45/t C 11 i 41_3 -- , Chanhassen City Council members - a r, RECEIVED e expressing yet.;concern about the MAF 3 1993 development around the Arboretum and its potentially deleterious impact on our site: Cl I i yr t..nnivrlASSEN U(� (� �(J' /' CHANHASSEN Crfy COUNCIL O. nr.a.�,..6Q?,. V ,elf 1" 600 COULTER DRIVE ��//// J CHANHASSEN, MN 5531 ti vi,^tti.7Get Viet. Adv*N. u.A BGC,e • — k.oS - ta 910e ‘.µ_, Mo ere /c ,& I shot . ON THE TERRACE 1881,by Pierre-Auguste Renoir(French,1841-19191 Pbotagnpb;TLe Granger Copeetia,New York RENOIR A Postcard Book" ett/0 ita Jlguif Priesboth Pritiaiea P.5, 8' au L470`"'` Oil% M µ,, . — I�,EQJ�, 5G proiee/ 4'L 40./-& 76/- ? l JIiA _deve/e/oziur7jL /is /4aJ ,arc - %6the Wart ,6e/7, 406 - Q-�'�G� ,s'/i-AYfe, 771 alfrierre45 rne Joy"- p ,Lf Ghl v s // d 74 9v reap ,a_LI er-2,0 7,01a41-- l�'.SG // / .L J,# r/eI/ ` b1=7z 7i,"0 _?, ,o.Y1 i-1_is "lot a-e✓G/470, ' /--- - `%kJ e «Yl�!q� T ,/4 e ' / reoez: / car aer7e.� / 6/ a.// e--$/e - 4 !be L1-sriD't /Yj6�tj ��t. -r)2v77Gl/4 ARO 41993 / - - OF CHANMAasrn4 40ivEG 1993 4500 Chatelain Terrace Golden Valley, MN 55422 March 5, 1993 Chanhassen City Council 600 Coulter Drive Chanhassen, MN 55317 Greetings: As an member of, and frequent visitor to, the Minnesota Landscape Arboretum, I am dismayed by all the development that is proposed in its immediate area. No reasonable person would be naive enough to think the Arboretum would be forever surrounded by gently rolling farmland and wooded areas. As the Twin Cities grow it's inevitable that some form of "development" will encroach on its boundaries -- the financial resources simply are not there to buy sufficient quantities of land to serve as an adequate buffer zone. Steps need to be taken immediately to insure that this development will be compatible with the vision of the Arboretum. I can only hope that the Council has the wisdom to preserve the character of the area surrounding the Arboretum as much as possible, so that future generations may visit this important resource without the visual blight and noise that some of the currently proposed development would surely bring. _ Sincerely, � • _dandy Schultz RECEIVED ;,•3: fi 1993 ,n.,ANHAS,Srlo March 5 , 1993 4801 Highland Road Minnetonka, MN 55345 City Council 600 Coulter Drive — Chanhassen, MN 55317 Dear Council Members , I am writing to express my concern for the development of land around the Minnesota Landscape Arboretum. We have been members of the Arboretum for over 10 years and have just taken for granted that this commuinty "jewel" would always be here , protected as a natural haven for plants and people . When I learned recently about the potential for development around its perimeter I realized something very important and unique to our community was being threatened ; hence , this letter to you . As proposals for development of land adjacent to the Arboretum are evaluated , I believe that very careful consideration must be given to the impact these plans would have on the integrity of the Arboretum. The Arboreum would not be the same if it were approached by noisy four lane highways and squeezed into space surrounded by busy shopping plazas and housing developments . The Arboretum offers unspoiled bogs and woodlands and unusual migratory birds . These features are not as easily relocated as shopping plazas or business parks . I realize that some development around the Arboretum is , unfortunately , inevitable . But what is not inevitable is what is done and how it is done . I strongly urge that any plans for development around the Arboretum demonstrate compatability with the special character of the Arboretum. I believe viewlines , noise levels and population density all must be considered . I would urge that there be some kind of buffer zone established around the Arboretum so what we have now will be here to be enjoyed by future generations . Thank you for your consideration of these concerns ; concerns shared by many in our community. Sincerely, — (/ /ad(' Christy"Z .--bachelet _ Elizabeth J.Tisel 4155 Garfield Avenue South RECFIVED Minneapolis, Minnesota 55409 N, 1993 USA /993 pe4A, ' . I , - 1 Ot e&-uA/ti.L, Ja/n/tr /I i d a/1461A/t P/149P94eie -. //f ' .1 w i7) ,ACa4C14-- 1 }-AI/L "ii. YV 'ffri‘L %`2ZI Z-a/kt. - - TAU& 74 -‘ ‘' f . 7" /-71 fir9-7//Oa Ci" Aci-)AL-iwi - `7 I-Y' _ ivtd,„,„i-rj , A4,900-0-xil aA-eaA- t9i- . a- -- ±e,„ . ‘ • aA/Lce a,44- a- recvc-e- (5'f. ActA%)Y _ .- l ' bV- _ ONIA 4eA-em-A.sflj • Eh - A„,i," -diziA,effi j,,,,,,vir.kj w-621/(,C-ce A / vf y ca '- , „ PhaAe-- w., -2,k_ ./-0 gi. 4-t9ec-t , . 1 /4-r-6611,eium/t, _ aA4....0 ("Sy_ - (9-/ jeicArLd. ailm-Ct `t'- I ., i _ of .ala , e 1- _ (4,41-. ., -/-(,,L cad Aa ' -/-gt Arboithm4 . - r2-0--c-g-ed. -7'm,c e A-e-e-y , 6e)e; Le,0 RECEIVED March 5 , 1993 MAE S 1993 - 7631 Harold Ave . C!TY 1.:-ANHASSIA Golden Valley , Mn . 55427 President Chanhassen City Council 600 Coulter Drive — Chanhassen, Mn . 55317 Dear Sir ; The Minnesota Landscape Arboretum, is an entity which has active and passive support from a very wide range of citizens which reside in many geographical areas in the State of Minnesota . This is a very important educational function of the University of Minnesota and is further supported by many oryanizations from the metro and out state areas of _ Minnesota . Preservation of this very valuable educational function is very important to all concerned as it should be to your body of community leaders . All of the development around the boundaries of the most valuable Arboretum site is very important . There should be established a large open-green — space buffer around the entire Arboretum tract . Developments like the Mills Fleet Farm project should be dis- allowed and be required to locate to another site in your community . All other commercial development should be well away f _„.r, the Arboretum site so as to protect the Arboretum from all of the pollution created by commercial development . Further , any residential development should be restricted as not to impede the views now enjoyed from the Arboretum property , such a lake and other wet lands views . _ Additionally , the proposed county highway 18 route needs to be relocated further way from the boundaries of the Arboretum. The pollutions caused by the traffic and construction of such a road will be damaging to the goals and objectives of the Arboretum. The citizens of your community are your customers and you need to act in their best interests as well as the customers which the Arboretum brings to your community. The commercial and residential development must be controlled and well planned as to retain and enhance the beauty and serenity of the wonderful place you now have . You have plenty of spaces available to accommodate the developments which you are asked to approve without impacting the Arboretum. Sir -erely yours . — , Charles J. ag ONGOING ISSUES REVISED MARCH 17, 1993 ISSUES STATUS 1. 1995 Study Area (North) and Hwy. 5 On-going work with Task Force. Corridor Study 2. 1995 Study Area (South) Assigned to Planning Commission staff. Work to be initiated as time commitments allow OTHER ITEMS Staff update and review of issues due for the March 3, 1993, Planning Commission Meeting 1.* Sign Ordinance Draft ordinance has been completed and will be reviewed by the Hwy. 5 Task Force in April. Staff expects to get it to the PC during May. CC asked that the committee look at limiting the number of sign boards on building exteriors for office buildings. _ 2. Tree Protection Ordinance, Mapping Inventory is completed. Over view of of significant vegetative areas existing tree protection regulations requested by Commissioner Erhart. Advisory Tree _ Board established by City Council. Currently working on issue.. 3. Shoreland Ordinance Staff is currently working on draft of the ordinance. Initial comments delivered to MnDNR. Will place on upcoming PC agenda. 4. PC input in Downtown Planning and Ongoing. Traffic Study 5.* Review of Architectural Standards to Hwy. 5 Task Force is working on this issue. Promote High Quality Design Will likely influence what is done in balance of city. 1 6. Bluff Creek Corridor Greenway Park and Recreation Commission is undertaking update of the recreational _ element of the Comprehensive Plan. Bluff Creek issues to be dealt with in this format. 7. Temporary uses, sales - new Staff to bring back to Planning Commission ordinance at a future meeting. 8. Sexually oriented businesses PC reviewed on 3/4/92. Sent to Public Safety Commission. Reviewed on 7/8/92. To be forwarded to CC. — 9.* Fence Requirements Approved by CC 3/8/93. 10. Open Space Zoning Requested by PC. 11.* Upgrade landscaping ordinance To PC in April or May. Staff attending — standards to meet criteria established Parking Lot Design Conference in March. during Target Review. * Change in status since last report. 2 CITY OF 01°1CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 March 1, 1993 Ms. Paula Schroeder Minnesota Public Radio _ 45 East Seventh Street St. Paul, MN 55101 Dear Ms. Schroeder: I was glad we had the opportunity to speak the other day regarding suburban communities that are diligently working to develop a sense of community. As we discussed, what most concerned me about the story that was aired by MPR, was the lack of an attempt to really get a handle on suburban communities where. for all practical purposes, most of us in this metro area, as well as nationally. now live. There has truly been a fundamental change in American cities over the last twenty years. This change was articulated quite well in a book entitled "Edge Cities" which was written by Joel Garreau, a reporter with the Washington Post. In his book, he documents the existence of dynamic edge cities which have developed on the periphery of the old urban cores. These are often much more dynamic than the urban areas that spawned them. In our own region we have seen ample evidence of this. Many "urbanologists" have recognized the existence of our local "edge city" along the 1-494 corridor. This linear city, which arguably extends from Eagan to Chaska, contains more population than St. Paul, and will soon have more employment than Minneapolis. What I believe will be important for a story to delve into is to gain an understanding of what the Twin Cities region is today. which is largely suburban. This in no way diminishes the two urban cores and their problems, but rather puts them into a different perspective. Suburban communities, such as Chanhassen, are completely different than the suburban bedroom communities that our parents built after World War II. Chanhassen has a population of 13,000, and we have nearly 7,000 jobs in our community. This kind of ratio was unheard of twenty years ago, but is now relatively common and found in communities such as Eagan, Bloomington, Minnetonka, Plymouth, and Maple Grove. These jobs are part of a massive growth in employment in the region, and are not due to businesses simply relocating from older areas. The Twin Cities' economy is the engine that has been driving the state economy for the past few decades. In a real sense, the suburban economies have become the major factor in the metro economy. n %a PRINTED ON RECYCLED PAPER Ms. Paula Schroeder March 1, 1993 Page 2 — My community has been innovative in a number of areas that we believed helped to define and protect our sense of community. We've been on the cutting edge of environmental protection — issues. Our wetlands and water quality protection programs are considered models for other communities. We are putting ourselves on the cutting edge of urban design, with a goal of promoting a strong downtown and neighborhoods linked to it and to the balance of the — community. We have been active in the provision of services to our senior community by constructing a senior center and being on the verge of building senior housing. We are looking into building a community center, and are buying land for new facilities to be constructed by the school district. We operate the bus company in conjunction with the Cities of Chaska and Eden Prairie, and offer much higher levels of service than would ever be envisioned by the MTC. As — I noted on the phone, we are in fact bussing people out from the urban core to employment opportunities in our communities. We have a spectacular open space and park system. And last but not least, we are of a manageable size. Our residents are able to interact in local government — in a way that would never be possible in a traditional major city. In short, we have seen the future, and unlike the commentary presented in the recent MPR report, we don't believe it's all that bad. — I look forward to having an opportunity to work with you on a future program on these issues. I am also forwarding some materials to you which will help you get an idea about our urban _ design program and some of our environmental protection efforts. Please feel free to call me after you have had a chance to discuss this with your editors and with Bill Morrish at the University. — Sincerely, l alai Krauss, AIC' Planning Director PK:k Enclosure — pc: Mayor and City Council Planning Commission — Highway 5 Task Force Bill Morrish