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CAS-02_CHES MAR REZONINGCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, N Affidavit of Publication ORDINANCE NO.O.521 521 AN ORDINANCE AMENDING CHAPTER 20 OF THE Southwest Newspapers CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY State of Minnesota) THE CITY COUNCIL OF THE CITY OF CHANHASSEN )SS. ORDAINS: Section 1. Chapter 20 of the County of Carver ) Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following - described property ("Subject Property") to PUD, Planned Unit Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized Development: agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- All property within the Ches lager and has full knowledge of the facts herein stated as follows: Mar Farm plat, all property within the Ches Mar Farm 2ndAddition plat, (A) These newspapers have complied with the requirements constituting qualification as a legal and all property within the Ches newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Mar Trails plat. amended. Section 2. The uses and requirements of the RR, Rural Residential District shall apply to (B) The printed public notice that is attached to this Affidavit and identified as No. the Subject Property subject to the was published on the date or dates and in the newspaper stated in the attached Notice and said following modifications: Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Permitted Use the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Lot 1, Block 2, Ches Mar Farm, inclusive, and is hereby acknowledged as being the kind and size of type used in the composition may continue the existing two -unit and publication of the Notice: structure and an attached garage. Accessory Use abcdefghijklmnopgrstuvwxyz Private Stables consistent with y ; ' Chapter 5, Article 3. Division 2. ; Section 3. The zoning map of IC 1 q the City of Chanhassen shall not be republished to show the aforesaid Laurie A. Hartmann zoning, but the Clerk shall --- appropriately mark the zoning map on file in the Clerk's Office for the Purpose of indicating the rezoning Subscribed and sworn before me on hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made this _day of`1. 2011 a part of this ordinance. Section . This ordinance shall be effective immediately upon its Passage and publication. n JYMME J. BARK PASSED AND ADOPTED by :NOTARY PtlBLIC - MINNESOTA the Chanhassen City Council this , My Commission Expires 01/31/2013 24t° day of January, 2011. Notar 1v t�lic ` 1 ATTEST: f Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, February 3, 2011; No. 4474) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED I I - c_, ;4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 521 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCII.OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following -described property ("Subject Property") to PUD, Planned Unit Development: All property within the Ches Mar Farm plat, all property within the Ches Mar Farm 2°d Addition plat, and all property within the Ches Mar Trails plat. Section 2. The uses and requirements of the RR, Rural Residential District shall apply to the Subject Property subject to the following modifications: Permitted Use Lot 1, Block 2, Ches Mar Farm, may continue the existing two -unit structure and an attached garage. Accessory Use Private Stables consistent with Chapter 5, Article 3. Division 2. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 241h day of January, 2011. ATTEST: I 7i � J&P�7� T d Gerhardt, City Manager Thomas A. Furlong, May, r (Published in the Chanhassen Villager on February 3, 2011) SCANNED ► I - oZ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #11-02 Ql, Application of the City of Chanhassen to rezone Parcels 1, 2 and 3 and amend the Ches Mar Farm/Ches Mar Farm 2nd Addition/Ches Mar Trails Planned Unit Development. On January 4, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning of property from Rural Residential (RR) to Planned Unit Development (PUD). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT Lot 1 Block 1, Ches Mar Farm 2nd Addition ("Parcel 1") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 2. The property in the plat of Ches Mar Trails ("Parcel 2") is currently zoned Rural Residential (RR). 3. The property in the plat of Ches Mar Farm ("Parcel 3") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 4. The properties are guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; including, land use guide of Residential Low -Density. b) The proposed zoning is or will be compatible with the present and future land uses of the area. c) The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. SCANNED d) The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f) Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning is consistent with the guidelines outlined within the comprehensive plan, including land use guide of Residential Low -Density. 7. The planning report #11-02 dated January 4, 2011, prepared by Angie Kairies is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: 1. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 1, Parcel 2, and Parcel 3 to Planned Unit Development (PUD). ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2011. CHANHASSEN PLANNING COMMISSION BY: ag� Its Chairman 2 Affidavit of Publication CITY OFCHANHASSEN Southwest Newspapers CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 11-02 State of Minnesota) NOTICE IS HEREBY GIVEN that the Chanhassen Planning )SS. Commission will hold a public County of Carver ) hearing on Tuesday, January 4, 2011, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to considers r� Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized for rezoningof property within Ches agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Mar Trails from Rural Residential (RR) to Planned Unit Development - lager and has full knowledge of the facts herein stated as follows: Residential ; rezoning of property withinin ChesChes Mar Farm Znd (A) These newspapers have complied with the requirements constituting qualification as a legal Addition from Planned Unit newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as Development-Residential(PUDR)to amended. Rural Residential (RR); and amending the Ches Mar Farm and (B) The printed public notice that is attached to this Affidavit and identified as No. y Ches Mar Trails Planned Unit was published on the date or dates and in the newspaper stated in the attached Notice and said Developments. Applicant: City of Chanhassen. Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of A plan showing the location of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both the proposal is available for public inclusive, and is herebyacknowledged as being the kind and size of used in the composition g g type p review on the City's web site at and publication of the Notice: www,ci.chanhassen.mn.us/serv/ Wan/11-02.html or at City Hall abcdefghijklmnopgrstuvwxyz during regular business hours. All interested persons are invited to �' attend this public hearing and BY G��C"' p� �� G✓i express their opinions with respect to this proposal. Laurie A. Hartmann Angie Kairies, Planner I Email: akairies(u: ci. chanhassen.mn.us Phone: 952-227-1132 Subscribed and sworn before me on (Published in the Chanhassen V illager on Thursday, December 23, 2010; No. 4461) this day of 2010 — A -- J� A -A A No Itc �. JYMME J. BARK r• NOTARY ?UBUC - MINNESOTA Uh: Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch 11 -c,a Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requfring exadring ineasurehl6if-0 distance of"dir8etion or preciSton in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. -{V 14 , _. J a 0 Y 0 • v CITY OF f .. CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us 049j82036654 $ 00-44° 12/23/2010 Mailed From 55317 US POSTAGE DEC 2 � 2010 ERIC & NICOLE MCNULTY 4432 PLEASANT AVE S MINNEAPOLIS MN 55419-4938 SCgNNED I�I,Ir�l�l hil'.1.li,��irii„dl Notice of Public Hearing Chanhassen Plannina Commission Meetina SCANNED Date & Time: Tuesday, January 4, 2011 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for rezoning of property within Ches Mar Trails from Rural Residential (RR) to Planned Unit Development -Residential Proposal: (PUDR); rezoning of property within Ches Mar Farm 2nd Addition from Planned Unit Development -Residential (PUDR) to Rural Residential (RR); and amending the Ches Mar Farm and Ches Mar Trails Planned Unit Developments. Applicant: ty of Chanhassen Property Location: See the location map on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1 • Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l1-02.html. If you wish to talk to someone about this project, please contact Angie Questions & Kairies by email at akairies@ci.chanhassen.mn.us or by Comments: phone at 952-227-1132, If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: i • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonmgs, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation- The item w it be opened for the public to speak about the proposal as apart of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to tbmmerciaVndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s) • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Council If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. FORWARD TIME EXPO- RTNa O SEIVp��s- MCNULTV 7062 HIGHOVER DR CHANHASSEN MN SS317-7572 RETURN TO SENDER i, i, i„I, I,,, i I,,,, I I i,,, i t i, ►,,,, l i, i„l I,,, i, I„1 i,,, i, I I„I JI-0:;,- Chanhassen City Council - January 24, 2011 20. The applicant shall verify that the tennis courts are outside any easements and meet the 15 foot side yard setback. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CHES MAR REZONINGS AND PUD AMENDMENTS: CONSIDER APPROVAL OF REZONING PROPERTY WITHIN CHES MAR FARM, CHES MAR FARM 2 ND ADDITION AND CHES MAR TRAILS TO PLANNED UNIT DEVELOPMENT (PUD); APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Mayor, members of the City Council. This item appeared before the Planning Commission on January 4`h and they unanimously recommended approval 5-0. The Ches Mar Farm is located off of Hazeltine Boulevard, just north of Camp Tanadoona and south of the Minnewashta Regional Park. This area, the underlying area around this is zoned rural residential and does not have any utility services to it. This parcel was brought to our attention, the three parcels as the Ches Mar, was brought to our attention when someone called in for a zoning information and we realized some ambiguity in the three different plats so it's before you today and really to simplify, similar to what we've done with the industrial property where we actually went back and had the PUD tied back to a specific, because there were no ordinances attached. We're tying this back to the underlying rural residential but for a couple anomalies which I'll speak to in a second. So the reason for the request is that we noticed the mapping area. Again we are the keeper of the mapping so if someone calls in to get zoning information for refinancing it needs to be correct and noted what their rights are with the property. So on researching these three plats the inconsistencies were determined and the purpose is to clarify the underlying zoning district, specifically the rural residential for the three parcels. The Ches Mar Farm, Ches Mar 2°d Addition and Ches Mar Trails. Also within that the anomalies then would be, there is an existing stable on the property that, in that district, we're going to make it, because it's already there, an accessory use rather than a conditional use because as long as that property stays in the rural residential, that horse property will stay there. So these are the number of parcels that are involved in all of the rezoning in itself so there's three outlots included in there, but they are different plats and that's where the little mess occurred. So over time there was a couple of subdivisions in place for this parcel and to correct that we're going to kind of go back through each of the different plats to show you how it worked and so these are the three parcels that were in place. The Ches Mar Farms, which had a number of properties on it, which I'll go through in a minute. The Ches Mar Farms 2"d Addition and then the Ches Mar Trails. So for the history of it the Ches Mar Farms in and of itself was done in April, 1986 and that was actually done because there was, it was an R-1 at that time. Was given a PUD to accommodate the fact there was multiple units out there. There were 12 parcels so I tried to parcel those out and in order to do that our ordinance allows for multiple units on one parcel using the PUD tool so it was done that. The problem that happened is it wasn't tied to an underlying zoning. We couldn't find that ordinance so to clarify too, before we did this rezoning with the Planning Commission, a notice went out to all the property owners explaining in detail what we intended to do and clarify. We met with all of those so some of them did show up to the Planning Commission but, so they were given a lot of notice and it does resolve some of their issues with the parcel in the fact that there are some non conforming uses on the property that will remain in place that we've addressed. So again it was a 12 acre parcel. It was split into 4 so each parcel had their own property. From that �11 SCANNED Chanhassen City Council - January 24, 2011 additional splits took place. So the 2"d Addition came in and that was Ches Mar Farms 2"d and the intent of this was to subdivide 22.8 acres into 2 lots. Again this time when the RR zoning was in place. Again no ordinance was applied. And then in 1991 an additional development was created. At that time the City Council stated that they could meet the conditions of the RR and wanted to do that but again there's no record of the ordinance in place. So what this does, takes all those ordinances and creates it all PUDR so they all have that same zoning. The one piece that was left off, that just left RR, we made it all PUD. It makes it easier. The underlying property owner's comfortable with that so they all are PUD with the underlying standards of the Rural Residential. The only other thing that changed will be on the ordinance part of it self and that was that we did allow under the no noted, under permitted use on Lot 1, Block 2, they can continue to use as a twin. A duplex up there and that property owner was at the Planning Commission meeting so that twin home will continue on that property as long as it stays in the state it's in now. And then the other would be the accessory use and rather the conditional use for the stable which has always been there. It's rather than conditional use, that lot will be an accessory use. So it does meet all the conditions of the PUD and the RR so with that we are clarifying the property itself. Putting together an ordinance so if someone wants to find out what's permitted on their property and what's it zoned, we have that legal document for them so it's really a clean up. So with that I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you. Questions for city staff. None? Okay. Very good. Thank you and thank you Ms. Aanenson for your efforts there and for the Planning Commission's as well. Any thoughts? Comments. Or would somebody like to make a motion? Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve the rezoning of Parcel 1, Lot 1, Block 1, Ches Mar Farms 2"d Addition, Parcel 2, Ches Mar Trails and Parcel 3, Ches Mar Farms to Planned Unit Development, PUD adoption of attached ordinance and adoption of Planning Commission's Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjomhom: Second. Councilman Laufenburger: Second. Mayor Furlong: We'll give it to Councilman Laufenburger. Councilman Laufenburger: It's a longer name than Tjornhom. Mayor Furlong: It is. Todd Gerhardt: Poor Nann. Mayor Furlong: Well Tjornhom, I mean come on. There isn't an Anderson or Johnson among us is there? Motion's been made and seconded. It is getting late if no one can tell. Any discussion on the motion? Seeing none we'll proceed with the vote. 57 Chanhassen City Council - January 24, 2011 Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2nd Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); adoption of attached ordinance and adoption of the Planning Commission's Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. SUPPORT OF A NOMINATION FOR METRO CITIES BOARD. Mayor Furlong: Mr. Laufenburger, you asked that this be put on. Councilman Laufenburger: Yes Mr. Mayor. I'd like to move that the Chanhassen City Council extend support for Councilwoman Vicki Ernst's nomination for filling a current vacant and unexpired term on the Board of Directors Metro Cities Board Minnesota. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Motion's been made and seconded. Discussion, Mr. Gerhardt. Can you give us a little background on the. Todd Gerhardt: Yeah, we are a member of the Metro Cities Board. Metro Cities advocates on behalf of their members in the metro area. Those cities that have decided to join Metro Cities. Each year Metro Cities develops a list of legislative priorities to advocate on behalf of it's members and they also have appointment authority to the Transportation Advisory Board, the Technical Advisory Commission, and a couple other organizations. The Metro GIS Policy Board and a Grant Evaluation and Ranking System. Metro Cities, we've been a member probably for 25 plus years. Mayor Furlong: Thank you. Any discussion to the motion? And so there'd be an application present. We don't have opportunity to make the appointment. We're just supporting your application. Todd Gerhardt: Just so council understands. There's one vacancy right now and there will be additional vacancies in April so, my guess is the motion included to apply for this vacancy and then the one in April also. Mayor Furlong: Sure. That'd be fine. Todd Gerhardt: Since we're clarifying all motions tonight. Councilman Laufenburger: It is. I'd just like to say this that I think that it's important for Chanhassen as one of the 80 members of this Metro Cities, it's important that we seek and take advantage of every opportunity to represent our interests amongst the legislative influencing bodies and this is a good opportunity to do so and I've heard from the Director, Executive Director Patricia Nowman that this would not incorrectly imbalance the make-up of the Board so m to MEMORANDUM TO: Todd Gerhardt, City Manager CITY OF FROM: Angie Kairies, Planner I CIMNSEN DATE: 24, 2011 January% 1� 7700 Market Boulevard ChanhassO Bnx 14 55317 SUBJ: Ches Mar Farm, Ches Mar Farm 2°d Addition and Ches Mar Trails Rezonings —Planning Case 11-02 Administration Phone: 952,227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952,227.1140 Fax: 952,227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227.1110 Recreation Center 2310 Cowaer Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources rnone: y62.22i.',130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www,achanhassen.mn.us PROPOSED MOTION "The Chanhassen City Council approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2°d Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); adoption of attached ordinance; and adoption of the Planning Commission's Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The City is proposing the rezoning of those properties located within the Plats of Ches Mar Farm, Ches Mar Farm 2°d Addition and Ches Mar Trails to Planned Unit Development. An inconsistency between the intended zoning and the City Zoning Map was discovered. The intent of the rezoning is to clarify the zoning and uses within the district, specify the Rural Residential Zoning District as underlying zoning district for the Ches Mar Farm, Ches Mar Farm 2°d Addition, and Ches Mar Trails PUD, and to permit private stables as an accessory use within the Planned Unit Development. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on January 4, 2011. The Commission voted unanimously (5 — 0) to recommend approval of the rezoning. The Planning Commission discussed the option of not rezoning Lot 1, Block 1, Ches Mar Farm 2°d Addition to Rural Residential and keeping it as part of the overall Planned Unit Development, as it is currently shown on the City Zoning Map. By incorporating this property into the PUD, this will eliminate having a single property zoned Rural Residential surrounded by properties zoned Planned Unit Development. The underlying zoning district of the PUD is the Rural Residential (RR) zoning district. If the PUD is silent on an issue or design standard, the RR zoning district standards will apply. Additionally, the PUD will pen -nit private stables as an accessory use. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Ches Mar Rezonings January 24, 2011 Page 2 While the zoning of the subject plats will change to PUD, there are no physical changes required to the properties located within the three plats as part of this rezoning. There were two residents that attended the meeting; both were in favor of the rezoning. Planning Commission minutes are item la of the January 24, 2011 City Council packet RECOMMENDATION Staff recommends approving the rezoning of Parcels 1, 2 and 3; adoption of the rezoning ordinance; and adoption of the Planning Commission's Findings of Fact. ATTACHMENTS 1. Ordinance Rezoning Properties. 2. Planning Commission Staff Report Dated January 4, 2011. gAplan\2010 planning cases\10-02 rezoning of bg properties\executive summary.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following -described property ("Subject Property") to PUD, Planned Unit Development: All property within the Ches Mar Farm plat, all property within the Ches Mar Farm 2"d Addition plat, and all property within the Ches Mar Trails plat. Section 2. The uses and requirements of the RR, Rural Residential District shall apply to the Subject Property subject to the following modifications: Permitted Use Lot 1, Block 2, Ches Mar Farm, may continue the existing two -unit structure and an attached garage. Accessory Use Private Stables consistent with Chapter 5, Article 3. Division 2. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 2011. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on PROPOSED MOTION: r. . . . .. "The Chanhassen City Council approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2"d Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); and adopts the Planning Commission's Findings of Fact." SUMMARY OF REQUEST: The City is proposing the rezoning of property Development Residential (PUDR) to Rural Residential (RR), and pr-eperties from Rural Residential (RR) to Planned Unit Development Residential (PUDR) to correct inconsistencies with the City Zoning Map and the intended zoning of the subject properties. The City is also proposing an amendment to the Ches Mar Farm/Ches Mar Farm 2"d Addition/Ches Mar Trails Planned Unit Development design standards to reference the underlying Rural Residential (RR) zoning district, consistent with the surrounding properties. LOCATION: East of Lake Minnewashta, West of Highway 41, South of Minnewashta Regional Park, and North of Camp Tanadoona. APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PUDR) and Rural Residential (RR) 2030 LAND USE PLAN: Residential Low Density (1.2 — 4 units per acre) DENSITY: .14 units/acre (gross) .44 units/acre (net) LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy -making capacity. A rezoning must be consistent with the City's Comprehensive Plan. Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 2 of 7 The City has a relatively high level of discretion in approving amendments to PUDs because the City is acting in its legislative or policy -making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. PROPOSAL/SUMMARY Staff discovered inconsistencies between the "City of Chanhassen Zoning Map" and the intended zoning of the subject properties located within the Ches Mar Farm 2" d Addition and Ches Mar Trails Addition. Staff is proposing to rezone the subject properties and correct the zoning map to reflect the correct zoning of the properties as approved by City Council. The Ches Mar Farm 2°d Addition property is currently depicted as Planned Unit Development Residential (PUDR); . Staff is proposing to incorporate this parcel as part of the overall PUD and not rezone it. The southern properties of the Ches Mar Trails addition are currently depicted as Rural Residential (RR); however, those properties were intended to be zoned Planned Unit Development Residential (PUDR). Current Zoning Map PUDR = Yellow RR = Green While the Ches Mar Farm subdivision is depicted correctly on the zoning map as PUD, There is no record of an ordinance rezoning this property. Therefore, staff is proposing to rezone the properties within the Ches Mar Farm plat. Since the Zoning Map is an official map that has been adopted in accordance with City Code, amendments to the zoning map must be approved by City Council following a public hearing and recommendation by the Planning Commission. In addition to rezoning the properties, staff is proposing to amend the Ches Mar Farm/Ches Mar Farm 2°d Additon/Ches Mar Trails Planned Unit Development (PUD) to reference the (RR) Rural Residential zoning district to be consistent with the surrounding properties Paden. Staff is also proposing to permit private stables as an accessory use. Ches Mar Farm 2"d Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 3 of 7 APPLICABLE REGULATIONS Chapter 20, Article II, Division 2, Amendments Chapter 20, Article XI, "RR" Rural Residential Zoning District Chapter 20, Article VIII, Planned Unit Development District Ches Mar Farm/Ches Mar Trails Planned Unit Development BACKGROUND On April 7, 1986, the Chanhassen City Council approved the final plat and rezoning of the Ches Mar Farm Addition (Blue) from R-la to Planned Unit Development Residential (PUDR). Originally, there were multiple structures located on a single 12-acre parcel. These structures included: • Four principal structures, all rentals: two single-family dwellings; one two-family dwelling; and one multiple dwelling containing six apartment units. • Four accessory structures: one underground structure, a barn, a garage, and a work shop. The intent of the Ches Mar Farm PUD was to subdivide the 12-acre parcel into four parcels and place each principal building on its own lot and eliminate the non -conforming status of the existing structures. The PUD allowed for both single-family and multi -family dwelling units. Ches Mar Farm is currently zoned PUDR, and is shown correctly on the City of Chanhassen Zoning Map. There is no record of an ordinance rezoning this property. y - r ` .• N. `�, Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 4of7 On October 23, 1989, the Chanhassen City Council approved the final plat of the Ches Mar Farm 2nd Addition (Green) zoned Rural Residential. The intent of this addition was to subdivide 22.8 acres into two lots that meet the Rural Residential (RR) zoning district standards. On July 8, 1991, the Chanhassen City Council approved the final plat for the Ches Mar Trails Addition (yellow striped). This addition is a combination of Ches Mar Farm (PUDR) and Ches Mar Farm 2nd Addition (RR) properties. The Council approved an amendment to the existing Ches Mar Farm PUD to create four single-family lots and one outlot (beachlot), platted as Ches Mar Trails. REZONING In October 2010, staff received a call regarding the zoning of a property located within the Ches Mar Trails subdivision and noticed that the City Zoning Map depicted the property incorrectly. Staff further researched the Ches Mar Trails subdivision and noticed that the southern properties in the development were inconsistent with the 1991 City Council action to rezone the properties from Rural Residential (RR) to Planned Unit Development Residential (PUDR). Staff is proposing to rezone those properties to PUDR and correct the City's Zoning Map. Ches Mar Farm 2°d Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 5 of 7 41 Ches Mar Far4PWel 3 1/ Ches Mar rm, R 44 1� Additionally, the remaining property within the Ches Mar Farm 2nd Addition is ineerreratly depicted as PUDR. The zoning of that property was never changed from Rural Residential (RR). However, Staff is proposing to leave Lot 1, Block 1, Ches Mar Farm 2"d Addition as Planned Unit Development and incorporate it as part of the overall Planned Unit Development, as it is currently shown on the City Zoning Map. By incorporating this property into the PUD, this will eliminate having a single Rural Residential zoned property surrounded by properties zoned Planned Unit Development Additionally, all of the properties within the three plats will maintain the Rural Residential zoning district as the underlying zoning and permit private stables as an accessory use. ro a that PFOPeFty to RR and e erat the C ty's Zoning Map. Current Zoning Map PUDR = Yellow �.Ir • . / RR =Green N. Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 6 of 7 Proposed Zoning Map PUDR= Yellow V - li'eni;iI1 s t� N. Staff was unable to locate an ordinance to rezone Ches Mar Farms to PUD; therefore, in order to correct the City Zoning Map, the City is proposing to rezone the following property within the recorded plats of Ches Mar Trails, Ches Mar Farm 2°d Addition, and Ches Mar Farm to Planned Unit Development Residential (PUDR): • Ches Mar Farms and Ches Mar Trails V The City is also proposing to incorporate a the following property as part of the overall €fem- Planned Unit Development Residential (PUDR) and leave it as PUDR as currently depicted as on the City Zoning Map to Rural Residential (RR): • Lot 1, Block 1, Ches Mar Farm 2ndF7 Addition _ Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 7of7 Currently, the Ches Mar Farm/Ches Mar Trails Planned Unit Development (PUD) states; "Except as specifically provided herein, the PUD shall comply with the standards and requirements of the A2, Agricultural Estate District, zoning classification as may be amended." Staff is proposing to amend this language to reference the (RR) Rural Residential zoning district to be consistent with the surrounding properties o of the C= M � 2� and t� Mien. Private stables are a permitted accessory structure in the A2 District and a Conditional Use in the RR district. Staff is proposing an amendment to permit private stables as an accessory use within the PUD. The Ches Mar Farm 2"d Addition will also maintain these PUD Standards. RECOMMENDATION .:, " .". .. -. r. . W4- "The Chanhassen City Council approves the rezoning of Parcel 1 (Lot 1, Block 1, Ches Mar Farms 2"d Addition), Parcel 2 (Ches Mar Trails), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); and adopts the Planning Commission's Findings of Fact." ATTACHMENTS I. Findings of Fact and Recommendation. .... vauaaauaavv 3. Ordinance Rezoning property from PUDR to RR. 4. Ches Mar Farm, Ches Mar Farm 2"d Addition, and Ches Mar Trails Research Timeline. 5. Public Hearing Notice and Affidavit of Mailing. gAplan\2011 planning cases\l 1-02 ches mar farms rezoning\stafrreport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #11-02 IN RE: Application of the City of Chanhassen to rezone Parcels 1, 2 and 3 and amend the Ches Mar Farm/Ches Mar Farm 2"d Addition/Ches Mar Trails Planned Unit Development. On January 4, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning of property from Rural Residential (RR) to Planned Unit Development (PUD). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. Lot 1 Block 1, Ches Mar Farm 2"d Addition ("Parcel 1") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 2. The property in the plat of Ches Mar Trails ("Parcel 2") is currently zoned Rural Residential (RR). 3. The property in the plat of Ches Mar Farm ("Parcel 3") is currently zoned Planned Unit Development (PUD); however, an ordinance to rezone the property could not be located. 4. The properties are guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; including, land use guide of Residential Low -Density. b) The proposed zoning is or will be compatible with the present and future land uses of the area. c) The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d) The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f) Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning is consistent with the guidelines outlined within the comprehensive plan, including land use guide of Residential Low -Density. 7. The planning report #11-02 dated January 4, 2011, prepared by Angie Kairies is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: 1. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 1, Parcel 2, and Parcel 3 to Planned Unit Development (PUD). ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2011. CHANHASSEN PLANNING COMMISSION M. Its Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following -described property ("Subject Property") to PUD, Planned Unit Development: All property within the Ches Mar Farm plat, all property within the Ches Mar Farm 2"d Addition plat, and all property within the Ches Mar Trails plat. Section 2. The uses and requirements of the RR, Rural Residential District shall apply to the Subject Property subject to the following modifications: Permitted Use Lot 1, Block 2, Ches Mar Farm, may continue the existing two -unit structure and an attached garage. Accessory Use Private Stables consistent with Chapter 5, Article 3. Division 2. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of , 2011. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CHES MAR RESEARCH TIMELINE Vacation 83-1: Ches Mar Drive Variance 84-07 July 9, 1984 Zoning Board of Adjustments and Appeals Meeting —Variance approved from section 19.15 of the Zoning Ordinance, which restricts each zoning lot to only one principal structure. Move an existing house (the Herman House) onto the Ches Mar Farms property (later proposed Lot 2), which currently has a total of eleven dwelling units located in four separate residential buildings. The proposal includes the removal of an existing two family home. PUD 84-2 Nov 2, 1984 Sketch Plan submitted for Ches Mar Farms creating a 4 lot PUD. The 12 acre parcel is zoned R-1a and located on Pine Circle %: mile north of Tanadoona Drive on Hwy 41. The existing buildings will remain with no new development. December 5, 1984 Memorandum - Sewer and Water not available to the site. All structures are presently serviced by private wells and septic systems. Continued use of Private Street not a problem, consider enlargement of outlot A to 50' for future installation of public roadway dedication. December 7, 1984 Staff Report — Existing Structures: Three principal structures, all rentals. One Single Family Dwelling, one two-family dwelling, and one multiple dwelling containing six apartment units. Four Accessory structures: one underground structure, barn, garage, and a small building used by the residents as a work shop. A fourth principal structure, the Herman House, will be moved on the property where a duplex has been removed. Dec 12, 1984 PC meeting — Current buildings were nonconforming structures and being rented. Applicant wanted to place each building on its own lot for better management and the ability to sell properties individually. No future development is planned. Applicant was not present. Item tabled. December 18, 1984 Letter to Gary Kirt (applicant) informing him of tabling sketch plan for Ches Mar Farms until January 9, 1985. Page 1 of 11 CHES MAR RESEARCH TIMELINE January 21, 1985 CC Meeting — Concerns with unsewerd lots less than 2 Yz acres. Council Approved the Sketch Plan for Ches Mar Farm PUD with recommendations. 1. Enlarge Outlot A to 50 foot width along Lot 2 and to a 40 foot width along Lot 1. 2. Increase Lot 3 to 2.5 acres. 3. Council suggested extending Lot 3 to Lot 4's driveway into Lot 2. 4. Lot 3 needs an additional 30,492 sq ft (.7 acres) to meet the 2.5 acres requirements. September 25, 1985 PC Meeting — Preliminary Plat #84-2 creating four lots containing multiple residential units on Property zoned R-la, Agricultural Residence. Intent of PUD to eliminate the non -conforming status of the existing structures. The PUD not only allows single family dwellings as a permitted use, but also allows two- family and multiple family structures as a permitted use. • Block 1 ■ Lot 1— 1.03 acres. This lot is self contained by the park property on the north, Hwy. 41 to the south and a separately owned lot immediately to the south. Because o f its location, a 2.5 acre minimum lot size cannot be achieved. The lot will contain on single family dwelling and a garage. • Block 2 • Lot 1— 2.4 acres. This lot is the smallest lot in the area of the proposed subdivision. Increasing the lot area of this lot will necessitate a reduction in the area form Lot 2. Lot 1 will contain the existing two unit structure and an attached garage. • Lot 2 — 2.S acres. As discussed earlier, this lot contains the Herman House and a new garage will be constructed after removal of the existing shed. ■ Lot 3 — 5.10 acres. The lot will contain the six unit apartment building, the underground structure, the barn and another accessory building. October 7, 1985 CC Meeting - City Council approved Preliminary Plat and final development plan request #84-2 for Ches Mar Farms including rezoning to P-1, Planned Residential Development based on the preliminary plat stamped "Received September 4, 1984" with the condition that the HOA shall maintain Outlot A and no increased density. April 7, 1986 City Council Approved Final Plat April 11, 1986 Permanent Roadway Easement Dedication over Outlot A. Page 2 of 11 CHES MAR RESEARCH TIMELINE W ,_ti• CHES MAR FARM �� SOT � `_�• 2 i �� yy '�� `aiL'.•k :JV.�.S. vim. x •w. ; :;. t� � /f f � ixvE March 141988 Violation letter for four families residing at 2761 Ches Mar Farm Rd, PUD agreement for two families only. April 1, 1988 Letter from Ron and Geri Eikaas stating the property at 2761-63 Ches Mar Farm Road contains 4 bathrooms, 4 fireplaces, four kitchens and eight exits in the building. The Eikaas would like to change the two family dwelling to a four family dwelling. April 13, 1988 Letter from Barbara Dacy stating that a condition of approval was that the density may not increase and a PUD amendment would be required with a complete application. PUD 88-1 WITHDRAWN Rural PUD Amendment Concept Plan approval for the subdivision of 11 acres into a single family lot and a double lot on property zoned PUD-R and located on Hwy 41, Ches Mar Farms: May 23, 1988 Request to subdivide 11 acres from 2 lots with a density of 7 units to 7 single family lots. Minimum lot size will be approx 1 acre. Plus the addition of approximately 21 acres be added to the new amended plat to contain 2 additional 1 acre single family lots plus a beach lot/common area containing a minimum of 18 acres. The additional acreage will meet the 1 unit per 10 acres requirement. Page 3 of 11 CHES MAR RESEARCH TIMELINE June 15, 1988 Planning Commission Meeting passed concept plan to the City Council with Comments: ■ Agrees with staff that the proposal does not meet rural lot standards. ■ Agrees that something should be done with the site, but does not feel this is appropriate plan. Economic hardship does not justify small lots. ■ Agrees that something should be done but ordinance is should and cannot justify amending the rules. Does not approve of plan. Is taking advantage of PUD designation. Is increasing the use and should meet rural lot standards. Original PUD accommodated existing uses. Now proposing urban subdivision in rural area. Not appropriate to count outlot, which cannot be subdivided, in the density calculation. July 11, 1988 City Council Update: the applicant presented a new plan to the City Council meeting which increased the lot size and reduced the number of lots. Since staff and the Planning Commission had not reviewed the new plan, the City Council moved to table action until staff and the Planning Commission could review the new plan. City Council commented that that they felt the site should be improved but that the sewer and water issues must be fully addressed. The City Council also wanted to see plans for the development of the outlot (i.e. recreational beachlot. It was also mentioned that he existing density and minimum lot area of 2.5 acres must be maintained. January 9, 1989 Letter to Brad Johnson (Developer): 88-1 PUD concept plan tabled at July 11, 1989 City Council Meeting. Six months passed and nothing has been resubmitted, file will be closed if nothing is submitted by January 25, 1989: No Items Submitted. SUB 88-27 (Ches Mar Farm 2nd Addition) Preliminary plat to subdivide 22.8 acres zoned RR, Rural Residential into 2 lots of 1.9 and 20.9 acres and located at Ches Mar Drive, approximately one mile north of Hwy 5. (Gross Property) (Ches Mar Farm 2nd Addition) October 19, 1988 Planning Commission meeting: Planning Commission tabled action until a legal opinion could be proved by the City Attorney regarding the city's ability to require the site to be subdivided. October 26, 1988 Letter from City Attorney in response to questions pertaining to subdivision of 22.8 acres. Page 4 of 11 CHES MAR RESEARCH TIMELINE November 2, 1988 Planning Commission meeting: Applicant requested the item be tabled and brought back to the Planning Commission at its March 1, 1989 meeting. March 1, 1989 Planning Commission meeting: The public hearing was tabled until the next regular Planning Commission meeting. August 16, 1989 Planning Commission meeting: Preliminary Plat for subdivision of 22.8 acres into 2 lots of 2.5 and 20.33 acres on property zoned RR, Rural Residential and located on Ches Mar Drive Approximately 1 mile north of Hwy. 5, Ches Mar Realty. Approval of preliminary plat Ches Mar Farm 2"d Addition "Received July 25, 1389" subject to conditions: ■ A 30 foot roadway easement shall be dedicated to the City along the northerly property boundary of Lot 1, Block 1 of Ches Mar Farm 2"d Addition. ■ The applicant shall enter into a development contract with the City designating that Outlot A has only one Building eligibility and the development contract must be recorded as part of the recording of the final plat. • Outlot A shall be designated as an outlot and is considered unbuildable until it is combined with adjacent property or provides two approved septic sites and street access. • The applicant shall submit a new plat designating Lot 2, Block 1 as Outlot A. August 28, 1989 City Council Meeting: Approved Subdivision 88-27 as stated above by Planning Commission. October 23, 1989 City Council Consent Agenda: Approval of Final Plat Ches Mar Farm 2"d Addition. CHES MAR FARM 2ND i b 1 . MHl u � Z � eg i - w` I i O U"T L O T - i i I �w •J .w.. o. sw. .n. On.» WEST ADDITION LOCK .I ,n tp,(( :1" cti P v 1 Page 5 of 11 CHES MAR RESEARCH TIMELINE PUD 91-1. WAP 91-1, CUP 91-4 Comp Plan amendment May 28, 1991 Application submitted: (current Zoning: PUD and RR) ■ PUD amendment to amend the Ches Mar Farm PUD to create 4 single family lots and one Outlot (Preliminary Plat: Ches Mar Trails). ■ Comprehensive plan amendment to amend from residential medium to residential low density. ■ Conditional use permit to create a recreational beachlot. ■ Wetland alteration permit to install a boardwalk through a Class A wetland. June 19, 1991 Planning Commission recommended: Approval of PUD Amendment 91-1 shown on plans dated May 29, 1991 with a variance to the lot width requirement for Lot 1, block 1 and with the following conditions: ■ The PUD agreement will be drafted and recorded against the property. The PUD agreement will contain all conditions of approval or the PUD. ■ A revised preliminary plat must be submitted re -designating Lot 2, Block 1 as Outlot B. ■ The residence on Lot 4, Block 1 shall either be a duplex or single family unit. The 6 apartment units must be vacated prior to final plat approval. • A driveway easement shall be provided across Lot 2 (Outlot B), Lot 1 and Outlot A and recorded against such properties. The driveway must be constructed so as to accommodate emergency vehicles and must be maintained in good passable condition. • The applicant shall be required to install a culvert sized by a professional engineer, and approved by City Engineers prior to construction, to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. ■ No more than 4 dwelling units will be permitted as part of the PUD: (One on Lot 1, One on Lot 3, and one on Lot 4 unless the existing building is converted to a duplex). ■ Demolition permits are required for all demolition; demolition o fall the buildings to be razed shall be completed within 6 months of final plat approval. ■ A revised preliminary plat shall be submitted showing all existing and proposed on -site sewage treatment sites and proposed house pads and elevations. ■ If a new residence is constructed on Lot 4, Block 1, it must meet all required setbacks. All other existing buildings on Lot 4 must be razed. ■ The applicant shall meet any and all conditions of CUP 91-4 and Wetland Alteration Permit 91-1. ■ A tree preservation plan shall be submitted by the applicant for city approval. ■ Revised preliminary plat shall be submitted by the applicant shall reflect revised southerly lot line of Lot 3, the trail easement across Lot 1, Block 1 in accordance with Park and Recreation recommendations, and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line Page 6 of 11 CHES MAR RESEARCH TIMELINE between Lot 1 and Outlot A to keep vehicles from driving or parking on the Outlot A. Approval of the Comprehensive Plan Amendment 91-1 changing the Land Use Designation form Residential Medium Density to Residential Low Density. Approval of CUP 91-4 for a recreational beachlot on Outlot A as shown on plans dated May 28, 1991 with the following conditions: ■ The recreational beachlot will be permitted only one dock with overnight storage of up to 3 watercraft. ■ Launching of boats form the recreational beach is prohibited. ■ The CUP for the recreational beachlot is only for the proposed dock improvements. Any additional improvements to the recreational beachlot shall require another CUP and wetland alteration permit. • The applicant shall meet any and all conditions fo the PUD Amendment 91-1 and Wetland alteration permit 91-1. Approval of Wetland Alteration Permit 91-1 for construction of a permanent boardwalk through a Class A wetland as shown on plans dated May 28, 1991 with the following conditions: • There shall be no filling or dredging/grating permitted within the wetlands. ■ The applicant shall receive a permit from the Department of Natural Resources for the permanent boardwalk. ■ The proposed trail shall be constructed at least 10 feet away from the wetland located in the southwest corner of Outlot A. • The wetland shall be permitted to return to is natural state after installation of the boardwalk. • No other alteration to the wetlands are permitted without receiving another wetland alteration permit. Further, all approved alterations shall be undertaken at a time and in a manner so as to minimize disruption to the wetland. ■ The applicant shall meet any and all conditions of the PUD Amendment 91-1 and CUP 91-4. July 8, 1991 City Council approved the following: ■ PUD amendment 91-1 shown on plans dated May 28, 1991, with a variance to the lot width requirement for Lot 1, Block 1 and the following conditions: ■ The PUD agreement will be drafted and recorded against the property. The PUD agreement will contain all conditions of approval or the PUD. ■ A revised preliminary plat must be submitted re -designating Lot 2, Block 1 as Outlot B. ■ The residence on Lot 4, Block 1 shall either be a duplex or single family unit. The 6 apartment units must be vacated prior to final plat approval. ■ The applicant shall receive an access permit from MnDOT for the proposed access servicing Lot 1, block 1, Lot 2, Block 2 and Outlot A and B. ■ A driveway easement shall be provided across Outlot B, Lot 1 and Outlot A and recorded against such properties. The driveway must be constructed so as to accommodate emergency vehicles and must be maintained in good passable condition. Page 7 of 11 CHES MAR RESEARCH TIMELINE ■ The applicant shall be required to install a culvert sized by a professional engineer, and approved by City Engineers prior to construction, to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. ■ No more than 4 dwelling units will be permitted as part of the PUD: (One on Lot 1, Block 1; One on Lot 2, Block 2; and One on Lot 1, Block 2 unless the existing building is converted to a duplex). ■ Demolition permits are required for all demolition; demolition o fall the buildings to be razed shall be completed within 6 months of final plat approval. ■ A revised preliminary plat shall be submitted showing all existing and proposed on -site sewage treatment sites and proposed house pads and elevations. • If a new residence is constructed on Lot 1, Block 2, it must meet all required setbacks. All other existing buildings on Lot 1, Block 2must be razed. ■ The applicant shall meet any and all conditions of CUP 91-4 and Wetland Alteration Permit 91-1. • A tree preservation plan shall be submitted by the applicant for city approval for Lot 1, Block 1. ■ A revised preliminary plat shall be submitted by the applicant shall reflect revised southerly lot line of Lot 2, Block 2; the +r-ai' ^ ^+ ret 1,°1^ck Fd ;+h Park and Rer-reatiep and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line between Lot 1 and Outlot A to keep vehicles from driving or parking on the Outlot A. ■ A twenty foot trail easement running north/south shall be provided in a location acceptable to the City. Approval of the Comprehensive Plan Amendment 91-1 changing the Land Use Designation form Residential Medium Density to Residential Low Density subject to the conditions of PUD Amendment, CUP and WAP. Approval of CUP 91-4 for a recreational beachlot on Outlot A as shown on plans dated May 28, 1991 with the following conditions: ■ The recreational beachlot will be permitted only one dock with overnight storage of up to 3 watercraft. ■ Launching of boats form the recreational beach is prohibited. ■ The CUP for the recreational beachlot is only for the proposed dock improvements. Any additional improvements to the recreational beachlot shall require another CUP and wetland alteration permit. • The applicant shall meet any and all conditions of the PUD Amendment 91-1 and Wetland alteration permit 91-1. Approval of Wetland Alteration Permit 91-1 for construction of a permanent boardwalk through a Class A wetland as shown on plans dated May 28, 1991 with the following conditions: ■ There shall be no filling or dredging/grating permitted within the wetlands. ■ The applicant shall receive a permit from the Department of Natural Resources for the permanent boardwalk. ■ The proposed trail shall be constructed at least 10 feet away from the wetland located in the southwest corner of Outlot A. ■ The wetland shall be permitted to return to its natural state after installation of the boardwalk. Page 8 of 11 CHES MAR RESEARCH TIMELINE ■ No other alteration to the wetlands are permitted without receiving another wetland alteration permit. Further, all approved alterations shall be undertaken at a time and in a manner so as to minimize disruption to the wetland. ■ The applicant shall meet any and all conditions of the PUD Amendment 91-1 and CUP 91-4. XXXX, 1991— City Council Meeting: Approve Ordinance amendment to rezone the following property to PUD: ■ Outlot A, Ches Mar Trails ■ Outlot B, Ches Mar Trails ■ Lot 1, Block 1, Ches Mar Trails ■ Lot 2, Block 1, Ches Mar Trails ■ Lot 3, Block 1, Ches Mar Trails ■ Lot 4, Block 1 , Ches Mar Trails August 10, 1992 City Council Meeting: Approval of 6 month extension for Final Plat approval for Ches Mar Trails. (January 8, 1993). October 12, 1992 City Council Meeting Consent Agenda: Approval of Final Plat and PUD agreement, Ches Mar Trails. CHES MAR TRAILS �y:; w. z8 'SKr �l<----t,--�`^��•.c / � / �?-- ..1 �og�pCK 4,.P, g -Akb' WTIOT AL•'Si7iON 'do- o --SSTs tee- 3sYH'x'M �LfST /�~/ P Page 9 of 11 CHES MAR RESEARCH TIMELINE ADMIN SUB 93-20 Administrative Sub to convey a portion of Outlot B to Lot 1, Block 1, Ches Mar Trails. ADMIN SUB 96-10 Administrative lot split to Lot 1, Block 2, Ches Mar Trails. Planning Case 04-17 Ches Mar Area Land Use Amendment Public/Semi Public & Residential Medium Density to Residential Low Density May 4, 2004 Planning Commission Meeting: Recommends approval of re -guiding [Ches Mar Farms, 2"d, and Ches Mar Trails Properties] from Residential medium density and Public/Semi-Public to Residential Low Density (Net Density 1.2-4 units per acre). May 24, 2004 City Council Resolution #2004-34: Approval of Land Use Amendment to Re -Guide property from Public/Semi-Public and Residential Medium Density (Net Density Range 4-8 units/acre) and to Residential Low Density (Net Density 1.2-4 units per acre); located south of Minnewashta Regional Park between Highway 41 and Lake Minnewashta (Ches Mar Area). Page 10 of 11 CHES MAR RESEARCH TIMELINE September 2, 2005 Letter to Met Council regarding proposed land use amendment and related information. July 27, 2006 Letter from Met Council stating application was incomplete due to potential wastewater system and density policy issues. Requested additional information. September 29, 2006 Staff provided supplemental information to Met Council to complete submittal. Met Council extended the 60 day review period until January 27, 2007. January 24, 2007 Met Council meeting: Approval of Land Use Amendment. Page 11 of 11 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 23, 2010, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Ches Mar Rezoning and PUD Amendments — Planning Case 2011-02 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thiso ydday of f . 2010. A�� I P1 9:&=�� I otary Publ c 'a`' KIM T. MEUWISSEN 1 i Notary Public -Minnesota �". �' My Commission Expires Jan 31, 2015 Notice of Public Hearing Chanhassen Planninq Commission Meetinq Notice of Public Hearing Chanhassen Planninq Commission Meeting Date & Time: Tuesday, January 4, 2011 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for rezoning of property within Ches Mar Trails from Rural Residential (RR) to Planned Unit Development -Residential (PUDR); rezoning of property within Ches Mar Farm 2"d Addition Proposal: from Planned Unit Development -Residential (PUDR) to Rural Residential (RR); and amending the Ches Mar Farm and Ches Mar Trails Planned Unit Developments. _ Applicant:--- City of Chanhassen Property See the location map on the reverse side of this notice. Location: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 . Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l1-02.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting • A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification Date & Time: Tuesday, January 4, 2011 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for rezoning of property within Ches Mar Trails from Rural Residential (RR) to Planned Unit Development -Residential (PUDR); rezoning of property within Ches Mar Farm 2"d Addition Proposal: from Planned Unit Development -Residential (PUDR) to Rural Residential (RR); and amending the Ches Mar Farm and Ches Mar Trails Planned Unit Developments. Applicant: Cit of Chanhassen Property See the location map on the reverse side of this notice. Location: The purpose of this public hearing is to in you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/l1-02.html. If you wish to talk to someone about this project, please contact Angie Kairies by email at akairies@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you wish to have something to be included in the report, please contact the Planning Staff person named on the notification AHMAD SHALABI BRANT H & KATHLEEN J ROSSMAN BRIAN C BAKER 7260 HILLSDALE CT 2703 CHES MAR FARM RD 7176 ARROWHEAD CT CHANHASSEN MN 55317-7548 EXCELSIOR MN 55331-8041 CHANHASSEN MN 55317-4530 CARVER COUNTY DAN S & WENDY L SPILLUM DANIEL MOE 600 4TH ST E 7270 HILLSDALE CT 7161 ARROWHEAD CT CHASKA MN 55318-2102 CHANHASSEN MN 55317-7548 CHANHASSEN MN 55317-4530 DANIEL P & BARBARA J MURPHY DANIEL R BERG DAVID J & STEPHANIE L SEWARD 7265 HILLSDALE CT 7166 ARROWHEAD CT 7205 HAZELTINE BLVD CHANHASSEN MN 55317-7548 CHANHASSEN MN 55317-4530 EXCELSIOR MN 55331-8036 DAVID R & KAREN E WEATHERS DEAN A & JACQUELINE P SIMPSON ERIC & NICOLE MCNULTY 2600 ARROWHEAD LN 2590 ARROWHEAD LN 4432 PLEASANT AVE S CHANHASSEN MN 55317-4620 CHANHASSEN MN 55317-4608 MINNEAPOLIS MN 55419-4938 ERIC K & KELLY J DETTMER GERALDINE EIKAAS GREGORY L & NANCY L SCHMIDT 7275 HILLSDALE CT 2763 CHES MAR FARM RD 2700 CHES MAR FARM RD CHANHASSEN MN 55317-7548 EXCELSIOR MN 55331-8041 EXCELSIOR MN 55331-8041 JAMES G WAYNE JR KEVIN & SUSAN BACHMANN MARK R METTLER 7200 HAZELTINE BLVD 7140 HAZELTINE BLVD 7171 ARROWHEAD CT EXCELSIOR MN 55331-8035 EXCELSIOR MN 55331-8056 CHANHASSEN MN 55317-4530 MPLS COUNCIL OF CAMPFIRE PATRICIA REDMOND WEBBER PULTE HOMES OF MINNESOTA LLC GIRLS 2735 CHES MAR FARM RD 12701 WHITEWATER DR #300 3100 WEST LAKE ST STE 100 EXCELSIOR MN 55331-8041 MINNETONKA MN 55343-4160 MINNEAPOLIS MN 55416 RONALD L SCHULTZ ROXANNE J YOUNGQUIST RYAN R WARD 7250 HILLSDALE CT 2575 HIGHCREST CIR 2585 ARROWHEAD LN CHANHASSEN MN 55317-7548 CHANHASSEN MN 55317-4708 CHANHASSEN MN 55317-4608 SUSAN QUADY KENNEDI SWEE KEONG TAN THOMAS J DOLL 7100 CHES MAR DR 2550 ARROWHEAD LN PO BOX 148 EXCELSIOR MN 55331-8833 CHANHASSEN MN 55317-4608 EXCELSIOR MN 55331-0148 THOMAS L & JODI L DYVIG WILLIAM & BARBARA JOHNSON REV YOBERRY FARMS LLC 13418 EXCELSIOR BLVD 7060 CHES MAR DR 2575 HIGHCREST CIR MINNETONKA MN 55345-4910 EXCELSIOR MN 55331-8833 CHANHASSEN MN 55317-4708 Chanhassen Planning Commission - January 4, 2011 11-aa. 15. A stable emergency overflow shall be provided from the easterly basin to the pond. 16. The applicant shall demonstrate how the filtration swales are to be vegetated. At a minimum, fescues and/or other deep-rooted grasses should be used to promote infiltration. 17. The new outlet elevations are shown to be 1046 feet. It appears that the ordinary high water level (OHW) is at 1045.4 and the normal water level (NWL) is at an unknown elevation but likely at or around 1043.5. The newly proposed outlet shall be set at the NWL. 18. The applicant or their consulting engineer shall develop an operations and maintenance manual for the infiltration/filtration features and that this includes some type of vegetative filter to provide pretreatment of the water entering the system. 19. The applicant shall provide a security in the amount of $4,000 to guarantee erosion control. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: CHES MAR REZONINGS AND PUD AMENDMENTS: REQUEST FOR REZONING OF PROPERTY WITHIN CHES MAR TRAILS FROM RURAL RESIDENTIAL (RR) TO PLANNED UNIT DEVELOPMENT -RESIDENTIAL (PUDR); REZONING OF PROPERTY WITHIN CHES MAR FARM 2 ADDITION FROM PLANNED UNIT DEVELOPMENT -RESIDENTIAL (PUDR) TO RURAL RESIDENTIAL (RR); AND AMENDING THE CHES MAR FARM AND CHES MAR TRAILS PLANNED UNIT DEVELOPMENTS. APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2011- 02. Public Present: Name Address Geri Eikaas 2763 Ches Mar Farm Road Tom Dyvig 7250 Hazeltine Boulevard Kairies: Yes Chairman Aller, members of the Planning Commission. The item before you tonight is the proposed rezoning of Ches Mar Farms, Ches Mar Farms 2°d Addition and Ches Mar Farm Trails. The properties are bordered by Minnewashta Regional Park to the north, Camp Tanadoona to the south, Highway 41 to the east and Lake Minnewashta to the west. On the side, the way, I just want to point out how each plat is broken up. The blue parcels are part of the Ches Mar Farm Addition. The green property is, which is kind of hard to differentiate, the property most to the west, or I'm sorry to the east is Ches Mar Farm 2"d Addition, and then the properties in yellow are part of the Ches Mar Trails Addition. The reason for the request before you tonight is that staff noted that there was a mapping error and did some research and upon that research it was noted that there were some inconsistencies with the approved plats and that they're inconsistent with the actual zoning map so the intentions were not consistent with one 7 :CANNED Chanhassen Planning Commission - January 4, 2011 another. The proposed rezonings before you tonight is to clarify the zoning and the uses within the planned unit development in each of the districts. Also to specify that the Rural Residential zoning district would be the underlying district and back in early 2010 I believe it was, we did this with all of the planned unit developments in the commercial district so that if there was an issue or something that the planned unit development was silent on, there was an underlying zoning district to go back to and those standards would then apply. And also to permit, excuse me private stables as an accessory use within this planned unit development rather than require a conditional use permit. And just as a note, here are the existing conditions and the layout of the acreage within the entire Ches Mar area. As you can see that the reason for the planned unit development is because the properties are less than 2 t/2 acres. Some of them are. Some of them are larger. And they'll include 3 outlots, one of which is a beachlot and has a conditional use permit for that beachlot. And again just to clarify, the properties that we're rezoning, again the blue is the Ches Mar Farm Addition. The very light green is the Ches Mar Farm 2° Addition and the yellow is the Ches Mar Trails. I'm going to go ahead and give you a little background on how this all began. In April of 1986 the Ches Mar Farms plat was approved and it was approved for rezoning from R1A, which is Rural Residential to a Planned Unit Development. And the purpose of this was because there was a single 12 acre parcel with 4 principal structures and 4 accessory structures located on that parcel, and what happened was the parcel was subdivided so that each principal structure had it's own lot and that brought that non -conform, or the non -conformity went away by doing that. Unfortunately there is no record of the rezoning of that property and that is one of the reasons we're here today so that we have a record of that. In October of 1989 the Ches Mar Farms 2°d Addition was approved and it was approved as a Rural Residential zoning district, and the purpose of that was to subdivide 22.8 acres into 2 lots and again those lots met the Rural Residential standards. And in the striped, I hope you can see it, in July of 1991 the Ches Mar Trails Addition was approved and what that was a combination of the Ches Mar Farm PUD and the Ches Mar Farms 2°d Addition Rural Residential properties. There was also an amendment to the Ches Mar Farm PUD as a part of this and this created 4 single family lots and one beachlot, and again there is no record of the rezoning of these properties to Planned Unit Development. As stated in the staff report the intent is to eliminate the inconsistencies between the intent of the zoning and what the zoning map actually portrays. So Option A is to rezone Ches Mar Farm and Ches Mar Trails to Planned Unit Development as was intended originally, and to rezone, what do I have here? Rezone Ches Mar Farms 2°d Addition to Rural Residential. Currently it's shown as Planned Unit Development and the intent was to leave it as Rural Residential. Upon further research staff found another option that may be viable which would be to leave the Ches Mar Farms 2°d Addition as a Planned Unit Development and incorporate it into the entire Planned Unit Development so that all of the Ches Mar area would be consistent. It would all have the same underlying zoning district of Rural Residential. It would all allow horses as a permitted accessory use and it still incorporates the smaller lots. None of the lot lines are going to change. Everything physical on the site will remain the same. So again that would be just leaving Ches Mar Farms 2° Addition as a Planned Unit Development. And here I just wanted to put up so you can see the differences. Unfortunately this is a little lighter but again in Option A would be to rezone everything to PUD except for, except for the 2°d Addition which would be rezoned to Rural Residential. Or Option B, keep everything as Planned Unit Development and rezone those first two. So there are two recommendations before you tonight. The first again is Option A. Rezone Ches Mar Farms and Ches Mar Trails to Planned Unit Development and rezone Ches Mar Farms 2°d Addition to Rural 0 03,tN::�3 Chanhassen Planning Commission - January 4, 2011 Residential and adoption of the Findings of Fact. Or Option B which would be to rezone Ches Mar Farm, Ches Mar Farm 2°d Addition and Ches Mar Trails all to Planned Unit Development and adoption of the Findings of Fact and Recommendation. At this time I would be happy to answer any questions that you have. Aller: I'm going to jump in and just make sure I'm clear on the point that the actual use of the properties, regardless of A or B will not be changed? Kairies: Correct. Aller: So there's no impact to the actual residents or owners of the property by our rezoning at this point? Kairies: Correct. Aller: Okay. Aanenson: And maybe Angie didn't give you this in the background but a letter went out ahead of time to the property owners informing them of this. Again the legal implications of the zoning map is our official tool and in researching this we came up, we discovered the problem so a letter went out to the, to all the property owners ahead of this hearing to tell them about the direction that the staff wanted to do, because we're the initiator of it. The City is to fix this problem with the map so, so that letter went out to the neighbors explaining just exactly what you said Chairman. Is that the intent is not to change anybody's lots. Anybody's use but to clarify the zoning map and make sure that it's correct. So if someone was to do research on a piece of property for example there are some non -conforming structures out there and that's why the PUD was put in place. So if someone was ever to sell that, you want to have that record in place. Aller: So in fact it will actually make it easier for those individuals and property owners now... Aanenson: Correct. Correct. And to show that they are legal non -conforming. They have that right. Aller: Thank you. We'll start on the other side. Kevin. Ellsworth: Thank you Mr. Chair. Angie this, I read this a couple times and I'm apparently not very bright because it's kind of confusing to me. Aanenson: It's complex. Ellsworth: I guess you had the history here and trying to describe what had happened. It seems the one parcel was listed as a PUD and it shouldn't have been and the other parcel was listed as Rural Residential and should have been PUD. How, how could that happen or where is the original documentation that talked about the requirements of a PUD? Isn't there quite a few different things you have to go through to get a PUD and all kinds of requirements and things? N Chanhassen Planning Commission - January 4, 2011 didn't see any of that and it seems like we're just going to go ahead and approve this and we just created a PUD without a whole lot of discussion. Kairies: As part of the original PUD it was lacking a lot of that documentation and so what we did is we took anything that outside of the Rural Residential standards, because that would be the underlying, and incorporated those into what would be the new permitted uses. So that would include the stables. That also includes this lot here, which is Lot, call it C. Thank you. Which doesn't meet the 2 1/2 acres and it also contains an existing two dwelling unit, so that is a permitted use as part of the PUD. And that was original and that will stay in but there really wasn't very, there really wasn't documentation for standards for the original Planned Unit Development. Ellsworth: So do we by this action have to create and document those standards that will be in place now under the new PUD or the PUD that should have been there? I didn't see those in the packet. Kairies: It should be an attachment. Ellsworth: Maybe I just didn't recognize it. Kairies: And it doesn't look like the typical Planning Unit Development because it doesn't have a lot of variation from the Rural Residential standards. Ellsworth: So where in here would it be? I mean I did read this front to back and I guess I didn't recognize it as such. Aanenson: It's actually the ordinance. Kairies: Right. Aanenson: It's actually the ordinance and so what happened before is there's history, just to be clear. There is record of the Minutes that it went to the meeting. What we're missing was the ordinance and the rules that, so you know there's a record that there was a public hearing. There's a record that there was a public hearing and there was a record of Minutes but what you need to do is adopt your ordinance and within that ordinance, as Angie said, like when we did the, all the industrial ones, there needs to be an underlying zoning district that sets up the standards. So we're acknowledging that those uses are in place. They're non -conforming but we're saying that they still have to meet the RR setback except for the exceptions that Angie stated and that would be for the stable and the other one already has a Conditional Use Permit. Right now horses in the Rural Residential are, would need a Conditional Use Permit so we're taking that burden off of that one. But the rest of them would still follow that so whatever they have legal non -conforming, even if it was Rural Residential, it would be legal non -conforming. So the PUD what it does is takes all those mix of uses as was put in the background and record them as there are on the record. And I think the timeline is really where you find out the detail and that's where Angie spent most of her time is putting together the whole timeline. It shows you the history of the documentation that's out there. 10 Chanhassen Planning Commission - January 4, 2011 Ellsworth: But wouldn't the ordinance then need to spell out what those exceptions or grandfathered items are, and I don't see that in the ordinance. Kairies: If there were separate motions for a Conditional Use Permit, that's it's own thing. If there was an exception for a variance, that's it's own thing. It doesn't need to be part of this PUD. Ellsworth: Okay. Those exist elsewhere? Kairies: Right. Right. They're their own motion and those are still existing and will remain the way. Ellsworth: Alright. Very helpful, thank you. Aanenson: Yeah, and that was part of the purpose of putting the time line in I think just to show you all those things too so. Again when someone's financing some of this is where the record the bank's going to go to to say what's on the property? What do we have documentation of so this is something that we just need to get fixed so. I just want to make one more clarification. So when we looked at the two options, I think Angie did a good job explaining the difference between and, we'd have a donut hole and typically we don't like to see that. Leaving the one RR so rethinking, we came back and said we should really just make the whole thing PUD because whether it's still going to have the underlying Rural Residential standards and if they wanted to have horses on that property they could too but it just makes the whole neighborhood consistent you know for, again so we don't have the Scribner's or interpretation area that it's all PUD with the underlying zoning district of RR. So the one change on that one was a permitted use which allowed. Kairies: Which allowed for the duplex on this property right here. Aanenson: And that was called out specifically for that one lot. Kairies: Correct. Aanenson: That they could have a duplex so then everything else is, that kind of tracks Commissioner Ellsworth what your issue was. That that was documented then in Option B. That that could be legitimized as non -conforming. Kairies: Right, so you should have Option B. That includes the duplex and just not rezoning Lot 1, Block 1, Ches Mar Farms 2nd Addition. Aller: And because of the way this is done as Option B, my understanding would be, and I'm asking this as a question. We don't need to re -notice this. Aanenson: No. 11 Chanhassen Planning Commission - January 4, 2011 Aller: Because it's really just leaving it as it is. Aanenson: Correct. That's correct. Yes. And re -thinking that, that's kind of where, it is complex because you had some uses that didn't meet the underlying zoning district that wanted to make some changes so incrementally they were made. Instead of looking at it holistic so now we're stepping back and saying really let's look at all three plats and make some sense out of all three. Without penalizing anybody but just clarifying it. Aller: Sorry I jumped in Kevin, did you have anything more? Ellsworth: No, that's it. Thank you Mr. Chairman. That's all. Aller: Thank you. Kathleen. Thomas: I don't think I have any questions but I'm happy we came up with Option B because when I was reading it and I was trying to figure out how we were going to do this and have one outlying property that was going to be different and I was thinking is there any way we could combine so I'm happy that there's an Option B now. Aller: Tom, any thoughts? Doll: Of letters that went out, what was the response from the residents? Kairies: I received phone calls and the majority of them were just making sure that we were not changing anything physically to their properties which includes no further development. Connections with sewer and water. Just making sure that nothing physically was going to change to their site. And I believe that there are some homeowners here that may want to speak to that as well. Doll: Nothing further. Undestad: No. Aller: Okay. Thank you very much. With that we'll open the public hearing portion of the meeting and anyone that wants to come up and actually speak on this. If you'd come to the podium and state your name and address, that would be great. Tom Dyvig: My name is Tom Dyvig and I own the property just to the south. Right there, 7250 Hazeltine Boulevard. I rent that property out but it's going to be developed down the road. That's kind of my plan 5 years out that I was just clarifying. I think you stated that it's not going to affect, there's not going to be any changes in the surrounding there. It's just kind of a clarification. I think I was the one that called today so. That was the only question I had. Aller: Thank you Mr. Dyvig. Thank you for coming. It answered all your questions? Tom Dyvig: Yep. 12 Chanhassen Planning Commission - January 4, 2011 Aller: Great. Anyone else? Ma'am, if you could come forward and state your name and address for the record. Geri Eikaas: Geri Eikaas, 2763 Ches Mar Farm Road. Just came here to get clarification and I'm very glad for what I heard. Thank you. Aller: That's always nice to hear. Thank you. Aanenson: It's confusing but it makes a lot of sense. Doll: So she was for this? Aller: For this. Anyone else? Okay, we're going to close the public portion of the hearing. Comments. Ellsworth: Mr. Chair, a question for Angie. We talk about no underlying change to the physical area. Does that mean the Rural Residential piece prevails and the current structures and the current platting can't change? So when I see PUD I immediately envision you know 30 homes and all kinds of development. None of that's changing. That was kind of the comments I think I heard. Kairies: Right. So if what's there that does not meet the 2'h acres is legal non -conforming or part of the PUD. Anything new would have to meet the 2'/z acres or it would have to be a PUD amendment to decrease or to deviate from the RR standards. Ellsworth: Okay, thank you. Aanenson: And just another point of clarification. So we don't anticipate any of that happening unless something was to change down the road and that would maybe being sewer and water. Then somebody may want to urbanize that area but right now it's not in the near future plans. Ellsworth: That's all. Aller: Okay we'll entertain any motions. Thomas: Okay I'll motion the Chanhassen Planning Commission recommends that the City Council approves the rezoning of Parcel 1, Lot 1, Block 1, Ches Mar Farms 2°d Addition and Parcel 2, Ches Mar Trails and Parcel 3, Ches Mar Farm to Planned Unit Development and adoption of the attached Findings of Fact and Recommendation. Doll: Second. Aller: Having a motion and a second, any further discussion? 13 Chanhassen Planning Commission - January 4, 2011 Thomas moved, Doll seconded that the Chanhassen Planning Commission recommends that the City Council approves the rezoning of Parcel 1, (Lot 1, Block 1, Ches Mar Farms 2"d Addition), and Parcel 2, (Ches Mar Trails), and Parcel 3, (Ches Mar Farm) to Planned Unit Development and adopt the attached Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Doll noted the verbatim and summary Minutes of the Planning Commission meeting dated December 7, 2010 as presented. COMMISSION PRESENTATIONS: None. CITY COUNCIL ACTION UPDATE. None. Chairman Aller adjourned the Planning Commission meeting at 7:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 14 4 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: January 4, 2011 CC DATE: January 24, 2011 REVIEW DEADLINE: NA CASE #: 11-02 BY: AK "The Chanhassen Planning Commission recommends that the City Council approve: 0�v 1. The rezoning of Parcel 1 (Lot I Block 1, Ches Mar Farms 2nd Addition) from Planned Unit Development (PUD) to Rural Residential (RR). 2. The rezoning of Parcel 2 (Ches Mar Trails) from Rural Residential (RR), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD); and 3. Adoption of the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The City is proposing the rezoning of property from Planned Unit Development Residential (PUDR) to Rural Residential (RR), and properties from Rural Residential (RR) to Planned Unit Development Residential (PUDR) to correct inconsistencies with the City Zoning Map and the intended zoning of the subject properties. The City is also proposing an amendment to the Ches Mar Farm/Ches Mar Trails Planned Unit Development design standards to reference the underlying Rural Residential (RR) zoning district, consistent with the surrounding properties. LOCATION: East of Lake Minnewashta, West of Highway 41, South of Minnewashta Regional Park, and North of Camp Tanadoona. APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development Residential (PUDR) and Rural Residential (RR) 2030 LAND USE PLAN: Residential Low Density (1.2 — 4 units per acre) DENSITY: .14 units/acre (gross) .44 units/acre (net) LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy -making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City has a relatively high level of discretion in approving amendments to PUDs because the City is acting in its legislative or policy -making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. SCANNED Ches Mar Farm 2"d Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 2 of 6 PROPOSAL/SUMMARY Staff discovered inconsistencies between the "City of Chanhassen Zoning Map" and the intended zoning of the subject properties located within the Ches Mar Farm 2"d Addition and Ches Mar Trails Addition. Staff is proposing to rezone the subject properties and correct the zoning map to reflect the correct zoning of the properties as approved by City Council. The Ches Mar Farm 2"d Addition property is currently depicted as Planned Unit Development Residential (PUDR); however, the property was intended to be zoned Rural Residential (RR). The southern properties of the Ches Mar Trails addition are currently depicted as Rural Residential (RR); however, those properties were intended to be zoned Planned Unit Development Residential (PUDR). Current Zoning Map PUDR = Yellow RR = Green While the Ches Mar Farm subdivision is depicted correctly on the zoning map as PUD, There is no record of an ordinance rezoning this property. Therefore, staff is proposing to rezone the properties within the Ches Mar Farm plat. Since the Zoning Map is an official map that has been adopted in accordance with City Code, amendments to the zoning map must be approved by City Council following a public hearing and recommendation by the Planning Commission. In addition to rezoning the properties, staff is proposing to amend the Ches Mar Farm/Ches Mar Trails Planned Unit Development (PUD) to reference the (RR) Rural Residential zoning district to be consistent with the surrounding properties and the zoning of Ches Mar Farm 2"d Addition. Staff is also proposing to permit private stables as an accessory use. APPLICABLE REGULATIONS Chapter 20, Article Il, Division 2, Amendments Chapter 20, Article XI, "RR" Rural Residential Zoning District Chapter 20, Article VIII, Planned Unit Development District Ches Mar Farm/Ches Mar Trails Planned Unit Development Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 3 of 6 BACKGROUND On April 7, 1986, the Chanhassen City Council approved the final plat and rezoning of the Ches Mar Farm Addition (Blue) from R-la to Planned Unit Development Residential (PUDR). Originally, there were multiple structures located on a single 12-acre parcel. These structures included: Four principal structures, all rentals: two single-family dwellings; one two-family dwelling; and one multiple dwelling containing six apartment units. Four accessory structures: one underground structure, a barn, a garage, and a work shop. The intent of the Ches Mar Farm PUD was to subdivide the 12-acre parcel into four parcels and place each principal building on its own lot and eliminate the non -conforming status of the existing structures. The PUD allowed for both single-family and multi -family dwelling units. Ches Mar Farm is currently zoned PUDR, and is shown correctly on the City of Chanhassen Zoning Map. There is no record of an ordinance rezoning this property. On October 23, 1989, the Chanhassen City Council approved the final plat of the Ches Mar Farm 2°d Addition (Green) zoned Rural Residential. The intent of this addition was to subdivide 22.8 acres into two lots that meet the Rural Residential (RR) zoning district standards. Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 4of6 On July 8, 1991, the Chanhassen City Council approved the final plat for the Ches Mar Trails Addition (yellow striped). This addition is a combination of Ches Mar Farm (PUDR) and Ches Mar Farm 2°d Addition (RR) properties. The Council approved an amendment to the existing Ches Mar Farm PUD to create four single-family lots and one outlot (beachlot), platted as Ches Mar Trails. REZONING In October 2010, staff received a call regarding the zoning of a property located within the Ches Mar Trails subdivision and noticed that the City Zoning Map depicted the property incorrectly. Staff further researched the Ches Mar Trails subdivision and noticed that the southern properties in the development were inconsistent with the 1991 City Council action to rezone the properties from Rural Residential (RR) to Planned Unit Development Residential (PUDR). Staff is proposing to rezone those properties to PUDR and correct the City's Zoning Map. Additionally, the remaining property within the Ches Mar Farm 2°d Addition is incorrectly depicted as PUDR. The zoning of that property was never changed from Rural Residential (RR). Staff is proposing to rezone that property to RR and correct the City's Zoning Map. Current Zoning Map PUDR = Yellow RR = Green Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 5 of 6 Proposed Zoning Map PURR = Yellow RR = Green Staff was unable to locate an ordinance to rezone Ches Mar Farms to PUD; therefore, in order to correct the City Zoning Map, the City is proposing to rezone the following property within the recorded plats of Ches Mar Trails and Ches Mar Farm to Planned Unit Development Residential (PUDR): • Ches Mar Farms and Ches Mar Trails The City is also proposing to rezone the following property from Planned Unit Development Residential (PUDR) to Rural Residential (RR): Lot 1, Block 1, Ches Mar Farm 2°d Addition Currently, the Ches Mar Farm/Ches Mar Trails Planned Unit Development (PUD) states; "Except as specifically provided herein, the PUD shall comply with the standards and requirements of the A2, Agricultural Estate District, zoning classification as may be amended." Staff is proposing to amend this language to reference the (RR) Rural Residential zoning district to be consistent with the surrounding properties and the zoning of the Ches Mar Farm 2"d Addition. Ches Mar Farm 2nd Addition & Ches Mar Trails Rezonings Planning Case 11-02 January 4, 2011 Page 6 of 6 Private stables are a permitted accessory structure in the A2 District and a Conditional Use in the RR district. Staff is proposing an amendment to permit private stables as an accessory use within the PUD. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 1 (Lot 1 Block 1, Ches Mar Farms 2nd Addition) from Planned Unit Development (PUD) to Rural Residential (RR). 2. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 2 (Ches Mar Trails) from Rural Residential (RR), and Parcel 3 (Ches Mar Farm) to Planned Unit Development (PUD). and 3. Adoption of the attached findings of fact and recommendation." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Ordinance Rezoning properties from RR to PUDR. 3. Ordinance Rezoning property from PUDR to RR. 4. Ches Mar Farm, Ches Mar Farm 2nd Addition, and Ches Mar Trails Research Timeline. 5. Public Hearing Notice and Affidavit of Mailing. gAplan\201 I planning cases\11-02 ches mar farms rezoning\staff repomdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION PLANNING CASE #11-02 IN RE: Application of the City of Chanhassen to rezone Parcels 1, 2 and 3 and amend the Ches Mar Farm/Ches Mar Trails Planned Unit Development. On January 4, 2011, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for rezoning of property from Rural Residential (RR) to Planned Unit Development (PUD), and Planned Unit Development (PUD) to Rural Residential (RR). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT Lot 1 Block 1, Ches Mar Farms 2"d Addition ("Parcel 1") is currently zoned Planned Unit Development (PUD). 2. The property in the plat of Ches Mar Trails ("Parcel 2") is currently zoned Rural Residential (RR). 3. The property in the plat of Ches Mar Farm ("Parcel 3") is currently zoned Planned Unit Development; however, an ordinance to rezone the property could not be located. 4. The properties are guided in the Land Use Plan for Residential Low Density (1.2 — 4 units per acre). 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan; including, land use guide of Residential Low -Density. b) The proposed zoning is or will be compatible with the present and future land uses of the area. c) The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d) The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e) The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f) Traffic generation by the proposed zoning is within capabilities of streets serving the property. 6. The proposed zoning is consistent with the guidelines outlined within the comprehensive plan, including land use guide of Residential Low -Density. 7. The planning report #11-02 dated January 4, 2011, prepared by Angie Kairies is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the following: 1. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 1 from Planned Unit Development (PUD) to Rural Residential (RR). 2. The Chanhassen Planning Commission recommends that the City Council approve the rezoning of Parcel 2 from Rural Residential (RR), and Parcel 3 to Planned Unit Development (PUD). ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2011. CHANHASSEN PLANNING COMMISSION MN Its Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following -described property ("Subject Property") to PUD, Planned Unit Development: All property within the Ches Mar Farms Plat and all property within the Ches Mar Trails plat. Section 2. The uses and requirements of the RR, Rural Residential District shall apply to the Subject Property subject to the following modifications: Accessory Use Private Stables consistent with Chapter 5, Article 3. Division 2. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of , 2011. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA �' u 1►:_► AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning the following described property to RR, Rural Residential District: Lot 1, Blockl, Ches Mar Farms 2`d Addition Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 4'h day of January, 2011. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.11-02 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 4, 2011, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for rezoning of property within Ches Mar Trails from Rural Residential (RR) to Planned Unit Development - Residential (PURR); rezoning of property within Ches Mar Farm 2"d Addition from Planned Unit Development -Residential (PUDR) to Rural Residential (RR); and amending the Ches Mar Farm and Ches Mar Trails Planned Unit Developments. Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/11-02.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Angie Kairies, Planner I Email: akairies@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 23, 2010) SCANNED 0 December 9, 2010 «FirstName» «LastName»«Suffix» «Street» CITYOF «City», «State» «Zip» CIMMSENRe: Ches Mar Proposed Rezoning 7700 Market Boulevard Dear «Prefix» «LastName»: PO Box 147 Chanhassen, MN 55317 This letter is to notify you that the City has discovered inconsistencies between the "City of Chanhassen Zoning Map" and the existing zoning of your property. A mapping error depicts Administration the zoning of Ches Mar Farm 2"d Addition and Ches Mar Trails Addition incorrectly. In order Phone:952,227.1100 to correct these errors, certain properties will be rezoned to reflect the City Council Fax: 952.227.1110 approval for those subdivisions. All of the properties are zoned for residential use and guided Residential Low Density in the 2030 Comprehensive Plan; therefore, the rezoning will Building Inspections not affect the use nor require physical changes to the properties. Phone: 952.227.1180 Fax:952.227,1190 Background Engineering Phone,952227,1160 The Ches Mar Farm Addition (Blue) was platted as a Planned Unit Development (PUDR) in Fax.952.227.117C 1984. Originally, there were multiple structures located on a single property. The intent of the Ches Mar Farm PUD was to subdivide the 12 acres into four parcels and place each Rnarn building on its own lot and eliminate the nonconforming status of the existing structures. Phone:952.227.1140 The PUD allowed for both single family and multi family dwelling units. Ches Mar Farm is Fax:952227.1110 currently zoned PUDR, and is correct on the zoning map. Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 Fax: 952 227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227,1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn. us The Ches Mar Farm 2"d Addition (Green) was platted in 1988 and was zoned Rural Residential (RR). The intent of this addition was to subdivide 22.8 acres into 2 lots that met the Rural Residential zoning district standards. Chanhassen is a Community for Life Ches Mar Proposed Rezoning December 9, 2010 Page 2 The Ches Mar Trails Addition (striped) was platted in 1991 and is a combination of Ches Mar Farm (PUDR) and Ches Mar Farm 2"d Addition (RR) properties. The intent was to amend the original PUD to create four single family lots and one Outlot (beachlot). n � • ' �i{i{f t Issue The current Zoning Map depicts the Zoning incorrectly. Current Zoning Map PUDR = Yellow RR = Green According to previous City Council action, the properties shown in yellow (Ches Mar Farm and Ches Mar Trails) should be zoned PUDR. The property shown in green (Ches Mar Farm 2"d Addition) should be zoned RR. Proposed Zoning Map PUDR = Yellow RR = Green Ches Mar Proposed Rezoning December 91 2010 Page 3 The City intends to rezone the following properties from Rural Residential (RR) to Planned Unit Development Residential (PUDR): • 25-2160050 • 25-2160010 • 25-2160040 The City also intends to rezone the following property from Planned Unit Development Residential (PUDR) to Rural Residential (RR): • 25-2060010 �J This rezoning will be taken through the public hearing process, which will be held on January 4, 2011 at 7:00 p.m. before the Planning Commission to review this item. If you have any questions, please feel free to contact me at 952-227-1132 or email me at akairies@ci.chanhassen.mn.us. Sincerely, Angie Kairies Planner I g:\plan\aa\ches mar farms research\letter to affected property owners 12-9-10.doc IV V James Wayne, Jr. Kevin and Susan Bachmann Brant and Kathleen Rossman 7200 Hazeltine Boulevard 7140 Hazeltine Boulevard 2703 Ches Mar Farm Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Geraldine Eikaas Patricia Redmond Webber Gregory and Nancy Schmidt 2763 Ches Mar Farm Road 2735 Ches Mar Farm Road 2700 Ches Mar Farm Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 CHES MAR FARM CHES MAR FARM 2ND ADDITION Intended to be PUDR PUD 91-1 (included amendment to PtTD 84-4) Portioms are PtTD and RR Cf CHES MAR FARM 2ND ADDITION en-11 c "AD -MAll Q I CHES MAR FAY Vacation 83-1: Ches Mar Drive Variance 84-07 July 9, 1984 Zoning Board of Adjustments and Appeals Meeting — Variance approved from section 19.15 of the Zoning Ordinance, which restricts each zoning lot to only one principal structure. Move an existing house (the Herman House) onto the Ches Mar Farms property (later proposed Lot 2), which currently has a total of eleven dwelling units located in four separate residential buildings. The proposal includes the removal of an existing two family home. PUD 84-2 Nov 2, 1984 Sketch Plan submitted for Ches Mar Farms creating a 4 lot PUD. The 12 acre parcel is zoned R-la and located on Pine Circle %2 mile north of Tanadoona Drive on Hwy 41. The existing buildings will remain with no new development. December 5, 1984 Memorandum - Sewer and Water not available to the site. All structures are presently serviced by private wells and septic systems. Continued use of Private Street not a problem, consider enlargement of outlot A to 50' for future installation of public roadway dedication. December 7, 1984 Staff Report — Existing Structures: Three principal structures, all rentals. One Single Family Dwelling, one two-family dwelling, and one multiple dwelling containing six apartment units. Four Accessory structures: one underground structure, barn, garage, and a small building used by the residents as a work shop. A fourth principal structure, the Herman House, will be moved on the property where a duplex has been removed. Dec 12, 1984 PC meeting — Current buildings were nonconforming structures and being rented. Applicant wanted to place each building on its own lot for better management and the ability to sell properties individually. No future development is planned. Applicant was not present. Item tabled. December 18, 1984 Letter to Gary Kirt (applicant) informing him of tabling sketch plan for Ches Mar Farms until January 9, 1985. January 21, 1985 CC Meeting — Concerns with unsewerd lots less than 2 %: acres. Council Approved the Sketch Plan for Ches Mar Farm PUD with recommendations. 1. Enlarge Outlot A to 50 foot width along Lot 2 and to a 40 foot width along Lot 1. Increase Lot 3 to 2.5 acres 3. Council suggested extending Lot 3 to Lot 4's driveway into Lot 2. 4. Lot 3 needs an additional 30,492 sq ft (.7 acres) to meet the 2.5 acres requirements. September 25, 1985 PC Meeting — Preliminary Plat #84-2 creating four lots containing multiple residential units on Property zoned R-1a, Agricultural Residence. Intent of PUD to eliminate the non -conforming status of the existing structures. The PUD not only allows single family dwellings as a permitted use, but also allows two- family and multiple family structures as a permitted use. • Block 1 ■ Lot 1 —1.03 acres. This lot is self contained by the park property on the north, Hwy. 41 to the south and a separately owned lot immediately to the south. Because o f its location, a 2.5 acre minimum lot size cannot be achieved. The lot will contain on single family dwelling and a garage. • Block 2 ■ Lot 1— 2.4 acres. This lot is the smallest lot in the area of the proposed subdivision. Increasing the lot area of this lot will necessitate a reduction in the area form Lot 2. Lot 1 will contain the existing two unit structure and an attached garage. ■ Lot 2 — 2.5 acres. As discussed earlier, this lot contains the Herman House and a new garage will be constructed after removal of the existing shed. ■ Lot 3 — 5.10 acres. The lot will contain the six unit apartment building, the underground structure, the barn and another accessory building. October 7, 1985 CC Meeting - City Council approved Preliminary Plat and final development plan request #84-2 for Ches Mar Farms including rezoning to P-1, Planned Residential Development based on the preliminary plat stamped "Received September 4, 1984" with the condition that the HOA shall maintain Outlot A and no increased density. April 7, 1986 City Council Approved Final Plat April 11, 1986 Permanent Roadway Easement Dedication over Outlot A. CHES MAR FARM do 2 - i 2 i I six E � � L March 14 1988 Violation letter for four families residing at 2761 Ches Mar Farm Rd, PUD agreement for two families only. April 1, 1988 Letter from Ron and Geri Eikaas stating the property at 2761-63 Ches Mar Farm Road contains 4 bathrooms, 4 fireplaces, four kitchens and eight exits in the building. The Eikaas would like to change the two family dwelling to a four family dwelling. April 13, 1988 Letter from Barbara Dacy stating that a condition of approval was that the density may not increase and a PUD amendment would be required with a complete application. PUD 88-1 WITHDRAWN Rural PUD Amendment Concept Plan approval for the subdivision of 11 acres into a single family lot and a double lot on property zoned PUD-R and located on Hwy 41, Ches Mar Farms: May 23, 1988 Request to subdivide it acres from 2 lots with a density of 7 units to 7 single family lots. Minimum lot size will be approx 1 acre. Plus the addition of approximately 21 acres be added to the new amended plat to contain 2 additional 1 acre single family lots plus a beach lot/common area containing a minimum of 18 acres. The additional acreage will meet the 1 unit per 10 acres requirement. June 15, 1988 Planning Commission Meeting passed concept plan to the City Council with Comments: ■ Agrees with staff that the proposal does not meet rural lot standards. ■ Agrees that something should be done with the site, but does not feel this is appropriate plan. Economic hardship does not justify small lots. ■ Agrees that something should be done but ordinance is should and cannot justify amending the rules. ■ Does not approve of plan. Is taking advantage of PUD designation. Is increasing the use and should meet rural lot standards. Original PUD accommodated existing uses. Now proposing urban subdivision in rural area. Not appropriate to count outlot, which cannot be subdivided, in the density calculation. July 11, 1988 City Council Update: the applicant presented a new plan to the City Council meeting which increased the lot size and reduced the number of lots. Since staff and the Planning Commission had not reviewed the new plan, the City Council moved to table action until staff and the Planning Commission could review the new plan. City Council commented that that they felt the site should be improved but that the sewer and water issues must be fully addressed. The City Council also wanted to see plans for the development of the outlot (i.e. recreational beachlot. It was also mentioned that he existing density and minimum lot area of 2.5 acres must be maintained. January 9, 1989 Letter to Brad Johnson (Developer): 88-1 PUD concept plan tabled at July 11, 1989 City Council Meeting. Six months passed and nothing has been resubmitted, file will be closed if nothing is submitted by January 25, 1989: No Items Submitted. SUB 88-27 (Ches Mar Farm 2nd Addition) Preliminary plat to subdivide 22.8 acres zoned RR, Rural Residential into 2 lots of 1.9 and 20.9 acres and located at Ches Mar Drive, approximately one mile north of Hwy 5. (Gross Property) (Ches Mar Farm 2nd Addition) October 19, 1988 Planning Commission meeting: Planning Commission tabled action until a legal opinion could be proved by the City Attorney regarding the city's ability to require the site to be subdivided. October 26, 1988 Letter from City Attorney in response to questions pertaining to subdivision of 22.8 acres November 2, 1988 Planning Commission meeting: Applicant requested the item be tabled and brought back to the Planning Commission at its March 1, 1989 meeting. March 1, 1989 Planning Commission meeting: The public hearing was tabled until the next regular Planning Commission meeting. August 16, 1989 Planning Commission meeting: Preliminary Plat for subdivision of 22.8 acres into 2 lots of 2.5 and 20.33 acres on property zoned RR, Rural Residential and located on Ches Mar Drive Approximately 1 mile north of Hwy. 5, Ches Mar Realty. Approval of preliminary plat Ches Mar Farm 2"d Addition "Received July 25, 1389" subject to conditions: ■ A 30 foot roadway easement shall be dedicated to the City along the northerly property boundary of Lot 1, Block 1 of Ches Mar Farm 2"d Addition. ■ The applicant shall enter into a development contract with the City designating that Outlot A has only one Building eligibility and the development contract must be recorded as part of the recording of the final plat. • Outlot A shall be designated as an outlot and is considered unbuildable until it is combined with adjacent property or provides two approved septic sites and street access. ■ The applicant shall submit a new plat designating Lot 2, Block 1 as Outlot A. August 28, 1989 City Council Meeting: Approved Subdivision 88-27 as stated above by Planning Commission. October 23, 1989 City Council Consent Agenda: Approval of Final Plat Ches Mar Farm 2nd Addition. CHES MA R FA RM 2ND A DDI TION C*,P EAST 7 of 5 -o t3».n MST - SSir SSs�33'SSww' �I�/ r � PUD 91-1, WAP 91-1, CUP 91-4, Comp Plan amendment May 28, 1991 Application submitted: (current Zoning: PUD and RR) ■ PUD amendment to amend the Ches Mar Farm PUD to create 4 single family lots and one Outlot (Preliminary Plat: Ches Mar Trails). ■ Comprehensive plan amendment to amend from residential medium to residential low density. ■ Conditional use permit to create a recreational beachlot. ■ Wetland alteration permit to install a boardwalk through a Class A wetland. June 19, 1991 Planning Commission recommended: ■ Approval of PUD Amendment 91-1 shown on plans dated May 29, 1991 with a variance to the lot width requirement for Lot 1, block 1 and with the following conditions: ■ The PUD agreement will be drafted and recorded against the property. The PUD agreement will contain all conditions of approval or the PUD. ■ A revised preliminary plat must be submitted re -designating Lot 2, Block 1 as Outlot B. ■ The residence on Lot 4, Block 1 shall either be a duplex or single family unit. The 6 apartment units must be vacated prior to final plat approval. ■ A driveway easement shall be provided across Lot 2 (Outlot B), Lot 1 and Outlot A and recorded against such properties. The driveway must be constructed so as to accommodate emergency vehicles and must be maintained in good passable condition. ■ The applicant shall be required to install a culvert sized by a professional engineer, and approved by City Engineers prior to construction, to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. ■ No more than 4 dwelling units will be permitted as part of the PUD: (One on Lot 1, One on Lot 31 and one on Lot 4 unless the existing building is converted to a duplex). ■ Demolition permits are required for all demolition; demolition o fall the buildings to be razed shall be completed within 6 months of final plat approval. ■ A revised preliminary plat shall be submitted showing all existing and proposed on -site sewage treatment sites and proposed house pads and elevations. ■ If a new residence is constructed on Lot 4, Block 1, it must meet all required setbacks. All other existing buildings on Lot 4 must be razed. ■ The applicant shall meet any and all conditions of CUP 91-4 and Wetland Alteration Permit 91-1. ■ A tree preservation plan shall be submitted by the applicant for city approval. ■ Revised preliminary plat shall be submitted by the applicant shall reflect revised southerly lot line of Lot 3, the trail easement across Lot 1, Block 1 in accordance with Park and Recreation recommendations, and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line between Lot 1 and Outlot A to keep vehicles from driving or parking on the Outlot A. Approval of the Comprehensive Plan Amendment 91-1 changing the Land Use Designation form Residential Medium Density to Residential Low Density. Approval of CUP 91-4 for a recreational beachlot on Outlot A as shown on plans dated May 28, 1991 with the following conditions: ■ The recreational beachlot will be permitted only one dock with overnight storage of up to 3 watercraft. ■ Launching of boats form the recreational beach is prohibited. ■ The CUP for the recreational beachlot is only for the proposed dock improvements. Any additional improvements to the recreational beachlot shall require another CUP and wetland alteration permit. ■ The applicant shall meet any and all conditions fo the PUD Amendment 91-1 and Wetland alteration permit 91-1. ■ Approval of Wetland Alteration Permit 91-1 for construction of a permanent boardwalk through a Class A wetland as shown on plans dated May 28, 1991 with the following conditions: ■ There shall be no filling or dredging/grating permitted within the wetlands. ■ The applicant shall receive a permit from the Department of Natural Resources for the permanent boardwalk. ■ The proposed trail shall be constructed at least 10 feet away from the wetland located in the southwest corner of Outlot A. ■ The wetland shall be permitted to return to is natural state after installation of the boardwalk. ■ No other alteration to the wetlands are permitted without receiving another wetland alteration permit. Further, all approved alterations shall be undertaken at a time and in a manner so as to minimize disruption to the wetland. ■ The applicant shall meet any and all conditions of the PUD Amendment 91-1 and CUP 91-4. July 8, 1991 City Council approved the following: ■ PUD amendment 91-1 shown on plans dated May 28, 1991, with a variance to the lot width requirement for Lot 1, Block 1 and the following conditions: ■ The PUD agreement will be drafted and recorded against the property. The PUD agreement will contain all conditions of approval or the PUD. ■ A revised preliminary plat must be submitted re -designating Lot 2, Block 1 as Outlot B. • The residence on Lot 4, Block 1 shall either be a duplex or single family unit. The 6 apartment units must be vacated prior to final plat approval. ■ The applicant shall receive an access permit from MnDOT for the proposed access servicing Lot 1, block 1, Lot 2, Block 2 and Outlot A and B. ■ A driveway easement shall be provided across Outlot B, Lot 1 and Outlot A and recorded against such properties. The driveway must be constructed so as to accommodate emergency vehicles and must be maintained in good passable condition. ■ The applicant shall be required to install a culvert sized by a professional engineer, and approved by City Engineers prior to construction, to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. ■ No more than 4 dwelling units will be permitted as part of the PUD: (One on Lot 1, Block 1; One on Lot 2, Block 2; and One on Lot 1, Block 2 unless the existing building is converted to a duplex). ■ Demolition permits are required for all demolition; demolition o fall the buildings to be razed shall be completed within 6 months of final plat approval. ■ A revised preliminary plat shall be submitted showing all existing and proposed on -site sewage treatment sites and proposed house pads and elevations. ■ If a new residence is constructed on Lot 1, Block 2, it must meet all required setbacks. All other existing buildings on Lot 1, Block 2must be razed. ■ The applicant shall meet any and all conditions of CUP 91-4 and Wetland Alteration Permit 91-1. ■ A tree preservation plan shall be submitted by the applicant for city approval for Lot 1, Block 1. ■ A revised preliminary plat shall be submitted by the applicant shall reflect revised southerly lot line of Lot 2, Block 2; the *Fail easemeRt , S Wt1, 13194 and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line between Lot 1 and Outlot A to keep vehicles from driving or parking on the Outlot A. ■ A twenty foot trail easement running north/south shall be provided in a location acceptable to the City. ■ Approval of the Comprehensive Plan Amendment 91-1 changing the Land Use Designation form Residential Medium Density to Residential Low Density subject to the conditions of PUD Amendment, CUP and WAP. ■ Approval of CUP 91-4 for a recreational beachlot on Outlot A as shown on plans dated May 28, 1991 with the following conditions: ■ The recreational beachlot will be permitted only one dock with overnight storage of up to 3 watercraft. ■ Launching of boats form the recreational beach is prohibited. • The CUP for the recreational beachlot is only for the proposed dock improvements. Any additional improvements to the recreational beachlot shall require another CUP and wetland alteration permit. ■ The applicant shall meet any and all conditions of the PUD Amendment 91-1 and Wetland alteration permit 91-1. ■ Approval of Wetland Alteration Permit 91-1 for construction of a permanent boardwalk through a Class A wetland as shown on plans dated May 28, 1991 with the following conditions: • There shall be no filling or dredging/grating permitted within the wetlands. ■ The applicant shall receive a permit from the Department of Natural Resources for the permanent boardwalk. ■ The proposed trail shall be constructed at least 10 feet away from the wetland located in the southwest corner of Outlot A. ■ The wetland shall be permitted to return to its natural state after installation of the boardwalk. ■ No other alteration to the wetlands are permitted without receiving another wetland alteration permit. Further, all approved alterations shall be undertaken at a time and in a manner so as to minimize disruption to the wetland. ■ The applicant shall meet any and all conditions of the PUD Amendment 91-1 and CUP 91-4. XXXX, 1991— City Council Meeting: Approve Ordinance amendment to rezone the following property to PUD: • Outlot A, Ches Mar Trails ■ Outlot B, Ches Mar Trails ■ Lot 1, Block 1, Ches Mar Trails ■ Lot 2, Block 1, Ches Mar Trails • Lot 3, Block 1, Ches Mar Trails ■ Lot 4, Block 1 , Ches Mar Trails August 10, 1992 City Council Meeting: Approval of 6 month extension for Final Plat approval for Ches Mar Trails. (January 8, 1993). October 12, 1992 City Council Meeting Consent Agenda: Approval of Final Plat and PUD agreement, Ches Mar Trails. CHES MAR TRAILS 'aRR7 OUTLOT- •'ti N ACIDMON •tea f/ �rsa•as•w /�R``' g ADMIN SUB 93-20 Administrative Sub to convey a portion of Outlot B to Lot 1, Block 1, Ches Mar Trails. ADMIN SUB 96-10 Administrative lot split to Lot 1, Block 2, Ches Mar Trails. Planning Case 04-17 Ches Mar Area Land Use Amendment Public/Semi Public & Residential Medium Density to Residential Low Density May 4, 2004 Planning Commission Meeting: Recommends approval of re -guiding [Ches Mar Farms, 2"d, and Ches Mar Trails Properties] from Residential medium density and Public/Semi-Public to Residential Low Density (Net Density 1.2-4 units per acre). May 24, 2004 City Council Resolution #2004-34: Approval of Land Use Amendment to Re -Guide property from Public/Semi-Public and Residential Medium Density (Net Density Range 4-8 units/acre) and to Residential Low Density (Net Density 1.2-4 units per acre); located south of Minnewashta Regional Park between Highway 41 and Lake Minnewashta (Ches Mar Area). September 2, 2005 Letter to Met Council regarding proposed land use amendment and related information. July 27, 2006 Letter from Met Council stating application was incomplete due to potential wastewater system and density policy issues. Requested additional information. September 29, 2006 Staff provided supplemental information to Met Council to complete submittal. Met Council extended the 60 day review period until January 27, 2007. January 24, 2007 Met Council meeting: Approval of Land Use Amendment. 60 10 E w .0 .CAGE iN IEET CHES MAR FARM Pub N-z- pu� o Oerrofea 4 mcfr 14-�nrh sel ron rn. E fh hne of A. NFI/( of /he ppr marked by Gcuree No. I7oo6 NW Ii4 of Sec 9, rN6N, R 23 W hoJ or rr� d aswmcd beor.ng EAST e Oenofes V2-mh.14-inch Icd on ppe mocked by license No. E414 jI od 8 � 8 � 2eq 0. 0 Q O i 4— a / lLv elll,ef wifh fhe S line oflh. *4 = a eF fhe AM1J ii of Sec 9 W oo00oPI. NE�EoI-H* NW `4 of Sec 9 / 61 %-- _ .. czJ ao... ..- .6p \ e � s )O.y�oo'F 9� / 6J no ) no sea � r�or 2 3 669.6E �r � 0 P 110 0 I- of N,e NW i4 or 4. NFl/4 of Sec 9 1 9E9•s9'E6^ W 9W corn.. of the NWY4 ofbhe NF%4 and H. SF comrof ff. NFV4 of the NWy of Sec 9 E N S Rs CHOELL& MADSONJ INC. n s L ,od v C o z 96'1e Nb 'l�ne� Z ool Ob. O� ry0 569.��W vivo- 8 ,� . N� J 6 N. sIe-zoo.,/ . E x C E P 7. f �20,6 0 N s o� No, v h mox-Ti 4 (s OFFICIAL PLAT CHES MAR FARM 2ND ADDITION SLC6 Vg- 27 Wur •lw.[ton on JNly L, I9Xl I. 9Y9.10 Ill Inert Yn.Nn .. <lev.tl.n 1 945. In IN. L.V.A. 19)91 ardt1N t. Tr arch of th.n ULY9x'D1LMi or Nniulul. NP.lWNL'Lfi, IT— M M1 NM.1:-6pTn.a P � T b ° r o u- T L 01 r n•c9. o..•yrxr; I)a.. N9 2373.71 WEST .. NLNcxluaN mr�hat rr<r lr o <M.[.oVun.•POh ID 4.( Ou^INt • .Hasp (..t N.rtlwe.[olr a! �ti sra. xtanrr.y P.1 ev.<1 on 1005.8) leer lM. f.. V.A Ippp) 200 0 200 000 SCALE IN FEET �IN:MUT[ti Ili - 1NCN . lA TNCX SPT I NON PIPL ItAN27A IY LI C¢NSL xU. 909Y • MNIIT[5 rININA 112 - INCH lRom YIP! Tne .,oh it. .( rhn N.rth..rl Qla.rr er u( ln. Mor[nwn[ rt.r of h. . T.rNrhlp ll., npe [!, n aurae firer lNl PLAT FILE NO. - 177 C.R DOC. NO. 110412 N Ina / I �.•„�` .so- ry ry °ry I rry?� x L.121.31 e•o•33'l0' I OCK cl a� a•Ls2.D O.,9 Y. Gnd lrprSllx22pA"w N 2lODi or <xI .L. 1Ya9r M< r I/� iA�27 orJJp YU; J� ryh x� l3pp h iii•I! / O• J `— �< �F •fir G6-ho"'•W �� , A �,� r n �u y",a • �� N ,�s ape• 111i.T)x sap• SY l3"W //� \<. by •!!3• a.vx � in or xP ..r tx. r•'ha a.a ., I., 1 ' wr.�..r 9< x.n or x. i/. w ut � r[n / � °z'JJ.• 1 \\n to. a xayn ar rW •i3 j `a..r„rW J 1..1 •.I..•d .In11p 9....9.1..N9v II." II I s �I 4 � I o I.I r9 1 19.1 In .191r .n0 ..Jetnl.t 1.l 11 n.1 vnlraf et Y. r.la• In91 <r1.9 •n /I.l rn1 Y. nl 19 I.rt 1n .I.t. . a.1r1 nIr1 n1�Yt-r1-..l Iln.a, rnl raa .l.•rrl ar In11<rt•. rr t.• .I.t. DENA" GA111LL LAND IUMYOIN. INC. ihP.P-1 i W.r .1•re1m• •0 N•Y 2.. 1.1 • 911.I5 fn1 (KW 1929 xlgM,l Ymm� . «Inr•I�on I, —III lest (IIUYU1911) . ara'ny In IM r•[arOf of tM U[DARLN[N1 01 M2UM1 0.[SWAC2f. S-1 Of NINI[fUTA. • J•n01•, I/r 'ncn n 11 loco ,•1 ron D'0• urY•d eY ll[.n,. M. I IOW Denatu ,ran op. found, i n. .nt Iln. of an9t A, cars NM rARn rlu Amn1aN, no .n ., w..d e•..�rp ar Mrtn D a.Dr... w .mat•, sA :•cone, u.1e. SL2W1AB6: SDIM In wrin I.c. of f•nc. Wfl n r n n1 •luny rn .•,1 Iin. •I Wllot A,�fx2i MN IM115, It .d9. of vtl•nd, n[1•«.t'on 91S Br [«•t INGYII 19r9) CHES MAR TRAILS ub CLkp ' ) ►f 1 I Cam, fIaa-n %trnt,•►ci. �� d0•P 2, a —leofe�iz r -� orB�OK 1 at.".C� •118 VES1 .g9rtAxU 200 0 200 100 SCALE IN FEET OUTLOT SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS 1,A " � AACJDi'I'i0N „ _ � vwn•eo•e�•Ni @•1n•q •nd ut 111tY ••*•^I•nt[ ere ,M+n tnvf. .Y/ � b Being 10 Ieet In rldtn .M •dJotniry right• of-+•Y 11n.f d N.I ng t te.t in +1atn •M •dlaln log all Ivl Imes, unlaf, ON•rvlse Indl c.t•d, •f fngm wi tM DI•l. SHEET 2 OF 2 SHEETS See Additional Files PUD 88=1 91=1 Subdivision 88=27 93=10 (Admin) 93=20 (Admin) A-Y,'" 04- r v 4 Ches Mai Fanns (Ptl)) = C'hes Alin Farms 2nd Additon (RR) _ Ches Afar Trails (PUD) = ro '31 .14 144 364 CE ?o +4� 4 Ches Alai- Fauns (PUD) = Ches Alai- Farms 2nd Additon (RR) _ Ches Mai- Trails (PUD) = -WETLAND JCL 1 ox) ��x �9OUTH LFAW .:F AEI/4OF THE WWI,40f SEC.9, )I&.R23;50t;-,i -LNI� OF N%VI/4OF NCV4 Of SEG.9 / 1S'w. c9 at ?1'0-4A 0w Nie /4 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) AGREEMENT dated SPECIAL PROVISIONS , 1989, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, ("City"), and CHES MAR REALTY COMPANY, a Minnesota general partnership, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHES MAR FARM 2ND ADDITION (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A --Plat dated by 19 prepared Plan B--Grading, Drainage, and Erosion Control Plan dated 01 19 , prepared by 4. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at 10/25/89 the following address: 4300 Baker Road, Suite 4, Minnetonka, Minnesota 55343. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317. 5. Other Special Conditions. No structure, includinq but not limited to a house, may be constructed on Outlot "A" of the plat until all of the following occur: A. The Outlot is replatted into a lot. B. Two (2) separate septic sites are approved on the property by the City. C. Zoning ordinance requirements on minimum frontage on a public street and access to the public street are satisfied either by connecting the property with adjacent property or by the construction of a public street to serve the property. 9. General Conditions. The general provisions of this Contract are attached as Exhibit "B" and incorporated herein. (SEAL) CITY F CHANHASSEN BY,: ona Chmiel, Mayor AND Don AshworUh, City Manager DEVELOPER: CHES MAR REALTY COM ral partner -2- STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1989, by Donald J. Chmiel, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF, ) The foregoing instrume was acknqWle ep before me this �� 1h day of /',�C'G`�n1�� r , 1989, by a general partner of Ches Mar Realty, ompany, a Minnesota general partnership, on its behalf. DRAFTED BY: Grannis, Grannis & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 NOTARY PUBLIC • SHERRIE L. FOSS • WARY PUBLIC—MWNESDTA HENNEPIN COUNTY MY CWnM Egkw Agri 5. 19W -3- CONSENT Ches Mar Realty Company , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this 27th day of STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) November � i his 1 The foregoing instrument was acknowledged before me this 27th day of November , 19 89, by Roger A. Peterson DRAFTED BY: Grannis, Grannis & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 i ,- SHERRIE L. FOSS NOTARY PUBUC-41P1NfS40TA HENNEPIN COUNTY MY Comm. B#ft Apra 5. 1W4 MAP -4- EXHIBIT A ,. That girt of.the Northwest Quarter of the Northeast Quarter of Sect'on n, Tgwnship 116 North, Range 23 West of the Sth Princ ipal Meridian dP.s:ribed as follows: Commencing at the rsouthwest corner of the northeast Quarter of the Northwest Quarter of said Section 9; thence nil an assumed bearinq of East, along the south line of said "urthe.!'•'_ Quarter of the N n r t h w e s t 1uarter, a distance of 625:00 feet: thence North 23 degrees 00 minutes 00 seconds East a nistdnce of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 110.00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence %orth 23 dea_rees 40 minutes 00 seconds East a distance of 200.00 feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315.00 feet; thence South 18 degrees 20 minutes 00 seconds East to the easterly right-of-way line of 01d Highway No. 12; thence southerly, along said easterly -right- of-way line, to the intersection with a line which bears South 66 degrees 20 minutes OQ seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginning. Those parts of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West .of the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter 1 of the Northwest Quarter of said Section 9; thence on an assumed hearing of Eat, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.^n feet; thence North, 23 degrees 00 minutes 00 seconds East a Cistance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 9?0.00 feet; thence $oath 23 degrees 40 minutes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to he described; thence South 66 degrees 20 minutes n0 seconds East to the easterly right-of-way line of Old Highway 12; thence Southerly;-aIong said easterly right-of-way line, to the southerly line of said Northwest Quarter of the Northeast Quarter; thence westerly, along said*Southerly line, to the southeast corner of said . Northeast Quarter of the Northwest Quarter; thence on a bearing of West, along the southerly line of said Northeast Quarter of the Northwest Quarter to a point thereon distant 625.0'0 feet easterly from the southwest: corner of said Northeast Quarter of the Northwest Quarter; thence North 23 degrees 00 minutes Of! seconds East a distance of 351.00 feet; thence on a bearing of East, parallel with the southerly line of said Northeast Quarter of the Northwest Quarter, to the intersection with a line which bears South 23 degrees 40 mint,tes 00 seconds West fror+ the oeint of beginning; thence Nortti 23. degrees 40 minutes 00 seconds East to the point of beginning. The South 185.00 feet of Government Lot 1 and that part of the South 185.00 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said. Northeast Quarter of the Northwest Quarter; thence easterly, .along the south.line of said Northeast Quarter of the Northwest Quarter, a distance of 625.60 feet to- the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said line there terminating. That part of Government Lot-1, Section 9, Township 116 North, Range 23 West .Of the 5th Principal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel. with the west line of the Northwest Quarter of said Section 9 and which lies southerly of a line 680.00 feet northerly of, measured at a right angle to and parallel with the south line of said Government Lot 1, EXCEPT the South 185.00 feet thereof. CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT 11B11 GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the plat has been recorded with the County Recorder's Office of the County where the plat is located, and 3) the City Engineer has issued a written letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. 3. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and -5- the Developer. Thereafter, notwithstanding anything in this Contract 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 dedication requirements enacted after the date of this Contract. 4. Park and Trail Dedication. Prior to the issuance of building permits for residential construction within the plat, the Developer, its successors or assigns, shall pay to the City the park and trail dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions. S. Landscaping. Unless the lot already has one tree on it, the Developer shall plant a tree on every lot in the plat. Suitable trees include: Maples Ash Linden Basswood Green Ash Birch Honeylocust Ginko (male only) Hackberry Kentucky Coffee Tree Oak Other species of trees may be approved by the building inspector. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two (2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard. The Developer shall sod the front yard, boulevard, side yards to the rear of the structure on every lot, and drainage ways. Weather permitting, the trees, sod, and seed shall be planted before Certificates of Occupancy are issued for a lot. Q- 6. Lot Plans. Prior to the issuance of building permits an acceptable Grading, Erosion Control, and Tree Removal Plan shall be submitted for each lot as required in the Special Provisions, for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent With City Ordinance. 7. Existing Assessments. Any existing assessments against the plat will be respread against the plat in accordance with City standards. 8. Street Ligbting. Before the City signs the final plat, the Developer shall pay the City a fee of $200.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each light for twenty (20) months or until homes have been built on each lot in the plat, whichever first occurs. 9. Street signs. All street name and traffic signs required by the City as a part of the public improvements shall be furnished and installed by the City at the sole expense of the Developer. 10. Responsibility for Costs. A. The Developer shall reimburse the City for all out-of- pocket costs incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. -7- C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. E. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 11. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. -8- 12. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Delays. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all resulting liability and costs from delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. G. Occupancy. Unless approved in writing by the City engineer, no one may occupy a building for which a building permit is -9- issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface. H. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. I. Release. This Contract shall run with the land and may be recorded against the title to the property . After the Developer has completed the work required of it under this Contract, at the Developer's request the City will execute and deliver to the Developer a release. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. -10- L. Construction Hours. Construction equipment may only be operated in the plat between 7:00 a.m. and 6:00 p.m., Monday through Saturday. Operation of construction equipment is also prohibited on the following holidays: New Year's Day, Memorial Day, Labor Day, July 4th, Christmas Eve Day, and Christmas Day. -11- CHES 166.32 - S84°00.34'E 3 00 N 00 0 O� O M °� o CO ° 0 lD Z I CO N 0 O Z LO O ui m V MAR IS08.12 0 U T L m FARM i O M 6 W N 3 a EAST 2N0 150.52 ; N23°00`00'E T ` SEC 9 ' 625.00 i Ea;T. 2573.78 WEST 200 0 200 4C':� SCALE IN FEET 0 denotes 112 - inch x 14 inch set iron pipe Marked by License No. 906(� ADDITION �\ 9j0 00 � Slp° 4p 0\� 0 o o O �a. O i O VL� C o , ry i `v E 1, 1047.68 q EAST `. LINE RAR4LLEL WITH THE SO, 1 OF THE NEB' W 3 .q OF THE O Z 0 OF THE NW %4 OF SEC.9 w m o Li z u W W W 0 LLo ^ ? o A Z J3 o ; W z1 , 746.07 %E -F •.E 4CFTHE `,A qOF SEC.9, i116,R.23 S69. 3 ",(),Or) Drainage and utility easements shown thus: Being 5 feet in width and adjoining lot lines unles otherwise indicated on plat and being 10 feet in , width and adjoining right-of-way lines, unless otherwise indicated on the plat. PLAT FILE NO. C. R. DOC. NO. _ OFFICIAL COPY COMMUNITY DEVELOPMENT DEPT. p -1g-g0\ a-C- �� IHOL N DEMARS - GABRIEL LAND SURVEYORS, INC. ghPPt 2 of 2 (�"hPPfG CITY OF CHANHASSEN DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated October 28 , 1992, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and CRAIG T. SWAGGERT and TANNA L. MOORE, husband and wife, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHES MAR TRAILS (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit A. 2. Request for Planned Unit Development Approval. The Developer has asked the City to approve the plat and planned unit development. 3. Conditions of Plat and Planned Unit Development Approval. The City hereby approves the plat and planned unit development on condition that the Developer enter into this Contract and abide by its terms. 4. Development Plan. The plat shall be developed in accordance with the approved plat. S. Improvements. The Developer shall install and pay for the following: A. Site Grading B. Underground Utilities (e.g. gas, electric, telephone, CATV) C. Setting of Lot and Block Monuments D. Surveying and Staking r10/20/92 6. Zoning. Except as specifically provided herein, the PUD shall comply with the standards and requirements of the A-2, Agricul- tural Estate District, zoning classification as may be amended. 7. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. S. Grading, Drainage, and Erosion Control. Before the site is rough graded, and before any construction is commenced or building permits are issued, a grading, drainage, and erosion control plan must be prepared by the Developer and approved by the City. The Developer shall implement the plan and the City may make periodic inspections to ensure compliance. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the grading, drainage, and erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the grading, drainage, and erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. -2- M No development will be allowed and no building permits will be issued unless the plat is in full compliance with the approved grading, drainage, and erosion control plan. Erosion control must be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the Site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. 9. Security. To guarantee compliance with the terms of this Contract the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $2,750.00. The amount of the security was calculated as 110% of the following: Drainage Improvement and Erosion control $ 2,000.00 Engineering, surveying, and inspection $ 500.00 TOTAL COST $ 2,500.00 The security shall be furnished the City before the plat is graded or a building permit issued. The security will be released when the work is complete. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 100 of the original amount until all work is complete and accepted by the City. -3- 10. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: 2739 Ches Mar Road, Chanhassen, Minnesota 55337. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937-1900. 11. Other Special Conditions. (a) This planned unit development agreement shall be recorded against the plat. (b) The applicant must receive an access permit from the Minnesota Department of Transportation for the proposed access servicing Lot 1, Block 1; Lot 2, Block 2; and Outlots A and B. (c) A driveway easement acceptable to the City shall be provided across Outlots A and B for the benefit of Lot 1, Block 1, and recorded against such properties before the City issues a building permit for Lot 1, Block 1. The driveway must be constructed so as to accommodate emergency vehicles and must be maintained in good passable condition. (d) The applicant shall install a culvert sized by a professional engineer, and approved by the City Engineers prior to construction to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. (e) No more than four dwelling units shall be permitted as part of the planned unit development; one on Lot 1, Block 1; one on Lot 2, Block 2; and one on Lot 1, Block 2, unless the existing building is converted to a duplex. Dwellings are prohibited on Outlots A and B. (f) Demolition permits are required for all demolition; demolition of all the buildings to be razed shall be completed within six months of final plat approval. (g) If a new residence is constructed on Lot 1, Block 2, it must meet all required setbacks. All other existing buildings on Lot 1, Block 2 must be razed. -4- (h) The applicant shall meet any and all conditions of Conditional Use Permit No. 91-4 and Wetland Alteration Permit No. 91-1. (i) A tree preservation plan shall be submitted by the applicant for City approval for Lot 1, Block 1, before grading the plat. (j) A revised preliminary plat shall be submitted by the applicant and shall reflect the revised southerly lot line o Lot 2, Block 2 ; acc -rd with recommendation; and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line between Lot 1, Block 1 and Outlot A to keep vehicles from driving or parking on Outlot A. (k) A twenty foot trail easement running north/south shall be provided in a location acceptable to the City. ( SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) CITY OF HANHASSEN BY: DcYnald m -e , Ma AND: Don shworthi ity Manager DEVELOPER: CRA T. SWAGG / l TANNA L. MOORE The foregoing instrument was acknowledged before me this -w�- day of 1992, by Donald J. Chmiel, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NO Y PUj8LIC +� KAREN J ENGELHARDT �! j ( 1 NOTARY PLBL;C-t!INNESOTA _5- S CAR`dER COUNTY �!7 Cca - �s,. Ez; :ros CrO 16, 1997 1 CONSENT Americana Bank which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this 28th day of October , 1992. t By- Joe H. Arends It Vice President STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of i .: .1,t,� , 1992, by -Jt Al �� i� D �Z� i 1°�� f��► rn Pritl's�t�, P 0�1�NK� NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 '=e NOTA +4- rin PUBUC (MIal"4NNESOTA HENNEPIN COUNTY my owwassion wq*n S." W N E` E 0 100 200 300 t SCALE IN FEET h1z 31zm ryv Shoreline per Ci�y o�C(lon�dssen /Qeria( iopogroP�Ftt� i O �� Q \\\ e e of Wef/anc/5 on 524.91 Permanent {JOCK -5�oreiine on 5.24 91 ........... *4 1 ul •� 4 j; 'e 9k9j5 r 94'1.2 r 1 I �Difc� �iTlok(in 00 X hater on 5.24 91 Ap&oximale �_:.. I ------ 2ts— - -- — — i Weffands--- -`1 I) 9l 95e 950 �� 1 A. Proposed Ho. Pod 0. C1 v,, Q o Z Z J o W o w Cie UJ S PRELIMINARY PLAT $F: CHES PRE ( CRAIG SWAGGERT & GARY KIRT 2500 STONE ARCH ROAD WVAYZATA, MINNESOTA. 55391 TEL. 449 9043 �s---------- ----- lJfi�r a---^--- l' e�riop Sep is Site OUTLOT_, , Ay��proxirrto e Weflands EXISTING DESCRIPTION: Lots 2 and 3, Block 2, CHES MAR FARM and Outlot A, CHES MAR FARM 214D ADDITION, according to the recorded plats thereof. PROPOSED DESCRIPTION• Lot 1, Block 1, Lots 1 and 2, Block 2 and Outlots A and 8, CHES MAR TRAILS. GENERAL NOTES: 1. Total number of Lots = 5. 2. Lot Areas: Lot 1, Block 1 = 118,400± square feet or 2.72 acres. Lot 1, Block 2 = 168,175± square feet or 3.86 acres. Lot 2, Block 2 m 128,500± square feet or 2.95 acres. Outlot A = 159,000± square feet or 3,65 acres. Outlot B = 650.160+ square feet or 14.92 acres Total Area = 1,224,235± square feet or 28.10 acres. 3. Topographic information obtained from the City of Chanhassen. 4. All lot dimensions are by scale. 5. Proposed drainage and utility easements shall be 5 foot along adjoining lot lines and 10 foot along adjoining right-of-way lines. j 6. Private driveway easement to be acquired by separate document. 7. Revised May 28, 1991 to show changes in preliminary plat. 8. Revised September 23, 1991 to show changes in preliminary plat. This drawing has been checked and reviewed this Z't day of by�{� � 19 ck i SCHOELL & MADSON, INC. NGINEERS•SURVEYORS•PLANNERS SOL TESTING • ENVIRONMENTAL SERVICES 10580 WAYZATA BLVD. MINNETONKA, MN. 55343 (612) 546-7601 FAX: 546-9065 t 04 ` Prof. go. Pad / !7/ k 32 � o i /x%r I .r do � �\ / ° ' � , � •\ `` � ,..� I lob �1A \° ^g / _ '� /� �� . �.. �.) ,• / � ' it � � \ � � \ \ 1022 0 d` s1020 (p It ova° •` 9 f (/ 0Ao 1O 98810 (Oo 77 v \9>%Propo --- 990 / l ' 1 1 � ffi i r i . 'b y r*7L k - f •Ate n l� d z i hereby certify that this su rveyp itai ` Prepared . undermy supervision and that " 1 am a licensed Land Surveyor Under the IaWS f the State of'minne ta._ t t . yF ..: �. "`• be0ds>fi'e Kenna A�, License No-_ 170or r f 5 n 43JxGi�i'Y�$ r