Zoning Letter 1-28-211 Y
oi CITY OF ClIANIIASSEN0-,q
N HAS
5 Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
January 28, 2021
Wayne Preuhs, L.S.
Vice President
Advance Surveying & Engineering Co.
17917 Highway 7
Minnetonka, MN 55345-4125
Re: 1361 Lake Drive West, Chanhassen, Minnesota 55317, PID # 25-6360020
Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition, Carver County, MN
Planning Case No. 2021-04
Dear Mr. Preuhs:
This office has been requested to confirm certain facts and circumstances concerning the current
zoning and land use of the above-referenced property. In furtherance of that request, we hereby
confirm and advise you as follows, to wit:
1. The above-referenced property is located within the corporate limits of the City of
Chanhassen, Carver County, Minnesota. Accordingly, the building and other improvements
are under the jurisdiction and are required to comply with the building codes, ordinances and
regulations of the City of Chanhassen, Minnesota.
2. The property currently is located in a district with zoning classification of Planned Unit
Development—Residential (PUD-R) and a comprehensive plan designation of Residential
High Density(Net Density 8-16 Units/Acre). The zoning classification is consistent with the
comprehensive plan designation. (A copy of the Planned Unit Development Agreement is
enclosed.)
3. The use of the property for an apartment building is a permitted use of the property. The
project is a permitted use under the aforesaid zoning classification and is consistent with the
aforesaid comprehensive plan designation.
4. On January 25, 2021, the Chanhassen City Council approved the site plan for a 110-unit,
three-story apartment building with a variance for the building height to allow 42 feet to the
midpoint of the roof(Planning Case #2021-04). A separate building permit application is
required prior to construction of the building.
5. The project complies with the above-stated current zoning classification and all current
zoning requirements and regulations applicable thereto, and also complies with the above-
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 •CHANHASSEN •MINNESOTA 55317
Wayne Preuhs
Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition
January 28, 2021
Page 2
stated comprehensive plan designation and all requirements applicable thereto. Any future
construction on the site must comply with current city codes.
6. There was a height variance granted in conjunction with the site plan approval.
7. The property complies with the subdivision ordinances affecting it and can be conveyed
without the filing of a plat or replat of the property.
8. The property is located in Flood Zone x, which is an area of minimal flood hazard,
Community Panel Number 27019CO231 D, effective on December 21, 2018.
9. All utility services are available to said property including water, sanitary sewer, stormwater,
telephone, gas, and electric.
10. Parking as proposed in Site Plan#2021-04 is in conformance with zoning requirements.
11. Our review of the records of this office with respect to the property reveals (a) no current
active violations of the property of the zoning regulations and land use approvals applicable
thereto, (b)no past violations of the same which remain uncured at this time, and (c) no
current or uncorrected building code violations.
12. There are no additional variances, conditional use permits, or special use permits required for
the construction of the improvements on the property.
This information was researched by the undersigned on request as a public service. The
undersigned certifies that the above information is believed to be accurate. However, neither the
undersigned nor the city assumes liability for errors or omissions. All information was obtained
from public records which may be inspected during normal business hours.
Should additional information be required of this office concerning the property, you may contact
the undersigned at(952) 227-1131 or bgenerous@ci.chanhassen.mn.us. The city's web site is
www.ci.chanhassen.mn.us.
Since ,
Robert Generous, AICP
Senior Planner
Enclosure
g:lplanlzoning letters11361 lake drive west 1-28-21.docx
f
EXHIBIT "C"
k PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT, dated November 16, 1987, between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City") , and LAKE
SUSAN HILLS, a Minnesota general partnership, and JAMES A. CURRY and
BARBARA CURRY, husband and wife (the "Developer") .
1. Request for Planned Unit Development Approval. The
Developer has asked the City to approve a Planned Unit Development to be
known as "LAKE SUSAN HILLS WEST PUD" (the "Development") on the land
legally described on the attached Exhibit "A".
2. Planned Unit Development Concept Approval. The City hereby
grants general Concept Plan approval of the plan attached as Exhibit
B". Approval is subject to the following: development and final stage
approval, a negative declaration of the EAW, compliance with the EAW
review findings and compliance with the terms and conditions of this
Agreement. Except as modified herein, each plat shall also be subject to -
the standards of the City's Zoning and Subdivision Ordinances as may be -.
amended from time to time.
3. Density and Use. The following densities are approximate
and subject to change:
A. Single Family Residential. The total number of single
family lots in the development shall not exceed 411 . Except as modified
herein, single family lots shall be developed in accordance with the
uses, standards, and requirements of the RSF Zoning District.
B. Multiple Family (High Density Residential) . The
development shall provide a minimum of 21.5 acres of high density
40 multiple family residential units. The total number of dwellini*B¢its3f
NOV 19 1987
r 1 1 /1 6/8 7 CITY OF CHANHASSEN
7
1
high density multiple family residential property shall not exceed 375,
or a density greater than 17.4 units per acre. Except as modified
herein, the development of the high density multiple family residential
shall be in accordance with the uses, standards, and requirements of the
R-12 Zoning District.
C. Multiple Family (Mixed Medium Density Residential) . The
development shall provide a minimum of 23.6 acres of mixed medium
density residential units. The total number of dwelling units of mixed
medium density residential property shall not exceed 221, or a density
greater than 9.3 units per acre. Except as modified herein, the
development of the mixed medium density residential shall be in
accordance with the uses, standards, and requirements of the R-8 Zoning
District.
4. Parks. The Developer shall dedicate to the City Outlot F
4) (
18.1 acres) , Outlot G (9.8 acres) , Outlot H (3.9 acres) , and Outlot E.
A credit of 6.7 acres for park dedication will be given for Outlot E.
Unless otherwise required by the City, conveyances of the park land
shall be made when the final plat, wherein a park is located, is signed
by the City. The land shall be platted as Outlots and transferred to the
City by warranty deed. The Developer, at its sole cost, shall grade the
land for the City in accordance with a timetable and plans to be
furnished by the City. The Developer shall be given a credit of 50% of
the park fee per dwelling unit in the plat for the conveyance of the
above described land to the City. The balance of the park dedication
fees shall be paid in cash in an amount and at the time required by City
ordinance and policies in effect when final plats are approved.
4111
2-Q 027 _._ •sinew
r.t ,
5. Trail and Sidewalk Development. The Developer shall
dedicate trails and sidewalks throughout the Development to the City as
indicated on the Comprehensive Trail Plan. This dedication satisfies the
City's trail dedication fee requirements. Trails shall be completed at
the time street improvements are constructed in the phase where the
trails and sidewalks or portions thereof are located. The Developer
shall construct the following trails and sidewalks:
1) . Eight (8) foot wide bituminous trail along the west
side of Lake Susan.
2) . Eight (8) foot wide bituminous off-street trail along
the east side of Audobon Road; and an eight (8) foot
wide bituminous off-street trail along the east side
of Powers Boulevard.
3) . Five (5) foot wide concrete off-street trail-sidewalk
along one side of all internal streets except cul-
de-sacs when the streets are constructed.
4) . Twenty (20) foot wide bituminous off-street trail
easement on the west side of Powers Boulevard. This
trail segment shall only be constructed if ordered by
the City Council. If ordered, the Developer will
convey the easement to the City without cost, but the
City will pay for the construction. Construction
timing will be at the discretion of the City Council.
6. Additional Conditions of Approval.
A. The Developer shall provide buffer areas, acceptable to
the City, between multiple family and single family areas to assure
adequate transition between uses, including use of berms, landscaping,
and setbacks from lot lines.
B. The Developer shall not damage or remove any trees
except as indicated on the grading and tree removal plans to be approved
by the City and submitted with each plat. Trees shall be protected from
destruction by snow fences, flagging, staking, or other similar means
411 during grading and construction.
MEMWMMMIII
C. Wetlands Nos. 14-10 and 23-01 as shown in Exhibit "Cf
shall be preserved in their natural state.
D. The following shall be the maximum percentage of
allowable impervious surface: Outlot A 32%, Outlot B 30%, Outlot C 31%,
and Outlot D 27%.
E. The Developer shall provide $500.00 of landscaping per
multiple family unit and $150.00 per single family unit.
7. Effect of Planned Unit Development Approval. For five (5)
years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, or official controls shall apply to or affect the
use, development, density, lot size, lot layout, or dedications of the
development unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter; notwithstanding
anything in this Agreement to the contrary, to the full extent permittedJI
by state law, the City may require compliance with any amendments to the
City's Comprehensive Plan, official controls, platting or dedicating
requirements enacted after the date of this Agreement.
8. Phased Development. The Developer shall develop the
development in eleven (11) phases in accordance with the EAW. No earth
moving or other development shall be done in any phase prior to approval
of final plats and development contract for the phase by the City.
9. Compliance with Laws and Regulations. The Developer
represents to the City that the proposed development complies with all
applicable City, County, Metropolitan, State, and Federal laws and
regulations, including but not limited to: Subdivision Ordinances,
Zoning Ordinances, and Environmental Regulations. The Developer agrees
to comply with such laws and regulations.
4-
10. Variations from Approved Plans. Minor variances from the
approved plans may be approved by the City's Planning Director.
Substantial departures from the approved plans shall require an amend-
ment to the Planned Unit Development, in accordance with the Chanhassen
Zoning Ordinance.
11. License. The Developer hereby grants the City, its agents,
employees, and officers a license to enter the plat to inspect the work
to be done by the Developer and to perform all work required hereunder
if Developer fails to perform in accordance herewith.
12. Utility, Pond, and Drainage Easements. The Developer shall
dedicate to the City at the time of final plat approvals utility,
drainage, and ponding easements located within the plat, including
access, as required to serve the plat.
13. Responsibility for Costs.
A. The Developer shall hold the City, its officers,
agents, and employees harmless from claims by the Developer and third
parties, including, but not limited to, lot purchasers, other property
owners, contractors, subcontractors, and materialmen, for damages
sustained, costs incurred, or injuries resulting from approval of the
Agreement, the development, final plats, plans and specifications, and
from the resulting construction and development. The Developer shall
indemnify the City, its officers, agents, and employees for all costs,
damages, or expenses, including reasonable engineering and attorney's
fees, which the City may pay or incur in consequence of such claims.
B. The Developer shall reimburse the City for costs
incurred in the enforcement of this Agreement, including reasonable
engineering and attorney's fees. The Developer shall pay in full all411/
5- f _. Q1 I
bills submitted to it by the City for such reimbursements within sixty
60) days after receipt. If the bills are not paid on time, the City may
halt all development work until the bills are paid in full. Bills not
paid within sixty (60) days shall be subject to an eight (8%) percent
per annum interest charge.
14. Miscellaneous.
A. Breach of any material term of this Agreement by the
Developer shall be grounds for denial of building permits, plats, and
certificates of occupancy.
B. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Planned Unit Development Agreement is for
any reason held invalid as a result of a challenge brought by the
Developer, its agents or assigns, the City may, at its option, declare
the entire Agreement null and void and approval of the Final Development
Plan shall thereby be revoked.
C. The action or inaction of any party shall not consti-
tute a waiver or amendment to the provisions of this Agreement. To be
binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. Any
party's failure to promptly take legal action to enforce this Agreement
after expiration of time in which the work is to be completed shall not
be a waiver or release.
D. This Agreement shall run with the land and may be
recorded in the Carver County Recorder's Office.
E. This Agreement shall be liberally construed to protect
the public's interest.
411
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J 1/
a0es
1
F. Due to the preliminary nature of many of the exhibits
110 and plans and the timing of the overall Development, addendums to this
Agreement may be required to address concerns not specifically set forth
herein.
G. This Agreement shall be binding upon the parties, their
heirs, successors or assigns, as the case may be.
H. The Developer represents to the City that the plat is
not of "metropolitan significance" and that a state environmental impact
statement is not required. However, if the City or another governmental
entity or agency determines that a federal or state impact statement or
any other review, permit, or approval is required, the Developer shall
prepare or obtain it at its own expense. The Developer shall reimburse
the City for all expenses, including staff time and reasonable
attorney's fees, that the City may incur in assisting in preparation.
15. Notices. Required notices to the Developer shall be in
writing and shall be either hand delivered to the Developer, their
employees or agents, or mailed to the Developer by certified or
registered mail at the following address: 7600 Parklawn Avenue, Edina,
Minnesota 55435. Notices to the City shall be in writing and shall be
either hand delivered to the City Clerk or mailed to the City by
certified or registered mail in care of the City Clerk at the following
address: P.O. Box 147, 690 Coulter Drive, Chanhassen, Minnesota 55317.
411
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5 02 7 1VE
IN WITNESS WHEREOF, the parties have hereunto set their hands
the day and year first above written.
CITY OP—PLANHASSEN%
BY: / f T { c.h.(G'.
Thomas Hamil 01, Mayor
BY: 4 /`J
Don As worth, City Manager
LAKE SUSAN HILLS
BY: ti.
A partner
JAMES A. CURRY
L% h'Jti _ c.4.4^4.4 /
BARBARA CURRY d
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
day of1,,,S,Q.,yA./ , 1987, by Thomas L. Hamilton, Mayor, and by Don
Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to authoritygrantedbyitsCityCouncil.
STATE OF MINNESOTA ) s•=
C,C NUTAfiY F ryLJ F' '':OTA
COUNTY O oqF`'' r "."_"1 My commsuon c:.+ i .F1-9I
the foregoing instrument was acknowledged before me thisdayofl1987, by /¢f)J eS 7. //9' cc a
partner of Lake Susan Hills, a Minnesota general partnershi n itsbehalf.
4- ( --
BARBARA FISHER NOTARY PUBLICc-s\
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jury 19.1E92
8—
441'1,'• • to'—v'ht.
III
STATE OF MINNESOTA )
ss. Comrk.7.;..tet. .:(;.1`.•C. •
COUNTY OF vvvAvvvrvivvvvy..iv.a
The foregoing instrument was acknowledged before me this 1
day of DtcEm,b-4.4.. 1987, by JAMES A. CURRY and BARBARA CURRY,
husband and wife.
a1/444AL 144"e).7-
770TARY PUBLNIC
DRAFTED BY:
Grannis, Grannis, Farrell
Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
612) 455-1661
J1
9- 17 97._
LEGAL DESCRIPTION FOR LOCATION PURPOSE ONLY
All that part of the Southwest Quarter and the Southeast QuarterofSection14andthenorthone-half of the Northwest Quarter and
the Southeast Quarter of the Northwest Quarter of Section 23, allinTownship116 , Range 23 , Carver County, Minnesota lying south-erly of Outlot D, CHANHASSEN LAKES BUSINESS PARK, according to
the recorded plat thereof, said Carver County, and lying westerlyofthewesterlyright-of-way line of new County Road No. 17.
EXCEPT that part of the Northwest Quarter of said NorthwestQuarterlyingwesterlyofthefollowingdescribedlineand itsnortherlyandsoutherlyextension:
Commencing at the southeast corner of said Northwest QuarteroftheNorthwestQuarter; thence South 89 degrees 04 minutes49secondsWest, bearing assumed , along the south line of
said Northwest Quarter of the Northwest Quarter, a distance
of 790.00 feet to the point of beginning of the line to bedescribed; thence North 1 degree 57 minutes 27 seconds West,
a distance of 460. 00 feet; thence North 18 degrees 32
minutes 33 seconds East, a distance of 330.00 feet; thence
North 52 degrees 00 minutes 00 seconds West, a distance of638.57 feet; thence North 1 degree 57 minutes 27 secondsWest, a distance of 150. 59 feet to a point on the north line
of said Northwest Quarter of the Northwest Quarter distant156.07 feet westerly of the northwest corner of said
Northwest Quarter of the Northwest Quarter as measured alongsaidnorthlineandthereterminating.
ALSO EXCEPT that part of the east one-half of said NorthwestQuarterlyingwesterlyofthewesterlyright-of-way line of saidNewCountyRoadNo . 17 and southerly and easterly of thefollowingdescribedline :
Commencing at the northwest corner of the Southeast QuarteroftheNorthwestQuarterofsaidSection23; thence South 1degree .50 minutes 17 seconds East, bearing assumed, alongthewestlineofsaidSoutheastQuarteroftheNorthwestQuarter , a distance of 675.00 feet ; thence East, a distanceof305 .00 feet; thence North 40 degrees 00 minutes 00
seconds East, a distance of 270.00 feet; thence North 2degrees00minutes00secondsWest, a distance of 200.00feet; thence North 19 degrees 00 minutes 00 seconds West , adistanceof323.00 feet ; thence North 69 degrees 00 minutes00secondsEast , a distance of 130.00 feet; thence North 20degrees00minutes00secondsEast , a distance of 410.00feet; thence North 89 degrees 00 minutes 00 seconds East, a
distance of 395 . 74 feet to the westerly right-of-way line ofNewCountyRoadNo . 17 and there terminating.
Page a2_2.
0, 411
LEGAL DESCRIPTION FOR LOCATION PURPOSE ONLY410
All that part of the east one-half cf the Southeast Quarter of
Section 15, Township 116, Range 23, Carver County, Minnesota
lying easterly of the centerline of old County Road No . 17 as
travelled.
I7..... _
mimimmummilmimmmi
CITY OF CHANHASSEN
411 DEVELOPMENT CONTRACT
Developer Installed Improvements)
EXHIBIT "D"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb theearth, remove trees, construct sewer lines, water lines, streets,
utilities , public or private improvements , or any buildings untilallthefollowingconditionshavebeensatisfied: 1) this
agreement has been fully-executed by both parties and filed withtheCityClerk, 2) the necessary security and fees have been
received by the City, 3) the plat has been recorded with the
County Recorder 's Office of the County where the plat is located,and 4) the City Engineer has issued a 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'sComprehensivePlan , 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 theDeveloper. 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' sComprehensivePlan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the
Special Provisions of this Contract shall be installed in accor-
dance with City standards, ordinances, and plans and specifica-
tions which have been prepared and signed by a competent
registered professional engineer furnished to the City andapprovedbytheCityEngineer. The Developer shall obtain all
necessary permits from the Metropolitan waste Control Commissionandotheragenciesbeforeproceedingwithconstruction. The Citywill , at the Developer ' s expense, have one or more construction
411 Revised 2/18/88.
Approved by the
City Council on
2/22/88. GC-1
a) 7_ -
inspectors and a soil engineer inspect the work on a full or1
part-time basis. The Developer shall instruct its engineer to
respond to questions from the City Inspector(s) and to.make
periodic site visits to satisfy that the construction is beingperformedtoanacceptablelevelofqualityinaccordancewiththeengineer' s design. The Developer or his engineer shall sche-
dule a preconstruction meeting at a mutually agreeable time at
the City Council chambers with all parties concerned, includingtheCitystaff, to review the program for the construction work.
Within sixty ( 60) days after the completion of the improvements
and before the security is released, the Developer shall supplythecitywiththefollowing: (1) a complete set of reproducibleMylaras-built plans, (2) two complete sets of blue line as-built
plans, (3) two complete sets of utility tie sheets, (4) locationofburiedfabricusedforsoilstabilization, (5) location sta-tioning of all utility stubs, and (6) bench mark network.
5. 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.
6. Erosion Control. Before the site is rough graded,
and before any utility construction is commenced or building per-mits are issued, the erosion control plan, Plan B, shall be
implemented by the Developer and inspected and approved by theCity. The City may impose additional erosion control require-
ments if they would be beneficial. All areas disturbed by the
411 excavation and backfilling operations shall be reseeded forthwith
after the completion of the work in that area. Except as other-
wise provided in the erosion control plan, seed shall be certi-
fied seed to provide a temporary ground cover as rapidly aspossible. All seeded areas shall be fertilized, mulched, anddiscanchoredasnecessarytorseedretention. The partiesrecognizethattimeisoftheessenceincontrollingerosion. If
the Developer does not comply with the erosion control plan and
schedule of supplementary instructions received from the City,the City may take such action as it deems appropriate to controlerosionattheDeveloper'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 andCity' s rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless the plat isinfullcompliancewiththeerosioncontrolrequirements .
Erosion control needs to be maintained until vegetative cover has
been restored, even if construction of the improvements 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 remove the erosion control
measures. Before the City signs the final plat, the DevelopershallpaytheCityafeeof $1.00 per foot of erosion control
that is required to be constructed in accordance with the erosion
control plan for the plat, Plan B, to cover the City' s cost fortheremoval.
411 7. Clean up. The Developer shall maintain a neat and
GC-2
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1 — a ieS
I -
orderly work site and shall daily clean, on and off site, dirtanddebris, including all blowables, from streets and the
surrounding area that has resulted from construction work by theDeveloper, its agents or assigns.
8. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construc-
tion required by this contract, the improvements lying withinpubliceasementsshallbecomeCityproperty. After completion oftheimprovements, a representative of the contractor, and a
representative of the Developer's engineer will make a finalinspectionoftheworkwiththeCityEngineer. Before the Cityacceptstheimprovements, the City Engineer shall be satisfied
that all work is satisfactorily completed in accordance with the
approved plans and specifications and the Developer and his
engineer shall submit a written statement attesting to same withappropriatecontractorwaivers. Final acceptance of the publicimprovementsshallbebyCityCouncilresolution.
9 . Claims. In the event that the City receives claims
from labor, materialmen, or others that work required by thisContracthasbeenperformed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking
payment out of the financial guarantees posted with the City, andiftheclaimsarenotresolvedatleastninety (90) days before
the security required by this Contract will expire, the Developer
hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for theDistrictCourts, to draw upon the letters of credit in an amount
up to 125% of the claim(s) and deposit the funds in compliance
with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further pro-
ceedings as it pertains to the letters of credit deposited with
the District Court, except that the Court shall retain jurisdic-tion to determine attorneys ' fees.
10. 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 CitytheparkandtraildedicationfeestheninforcepursuanttoChanhassenCityOrdinancesandCityCouncilresolutions.
11. 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.1 Trees which can cause a public nuisance, such as cotton producingtrees, or can be a public hazard, such as bug infestation or weak
GC-3
bark, are prohibited. The minimum tree size shall be two (2 )
inches caliper, either bare root in season, or balled andburlapped. The trees may not be planted in the boulevard. In
addition to any sod required as a part of the Erosion Control
Plan (Plan B) , the Developer shall sod the boulevard area and all
drainage ways on each lot utilizing a minimum of four inches oftopsoilasabase. Weather permitting, the trees, sod, and seed
shall be planted before Certificates of Occupancy are issued foralot.
12. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty work-
manship for a period of one (1) year after its completion and
acceptance by the City. All trees, grass, and sod shall be
warranted to be alive, of good quality, and disease free at thetimeofplanting. All trees shall be warranted for twelve (12)months from the time of planting. The Developer or his
contractor(s) shall post maintenance bonds (Miller-Davis CompanyformNo. 1636 or equal) or other security acceptable to the Citytosecurethewarrantiesatthetimeoffinalacceptance.
13 . Lot Plans. Prior to the issuance of building per-
mits an acceptable Grading, Drainage, 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 frombuildingsandthattreeremovalisconsistentwithCityOrdinance.
14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordancewithCitystandards.
15. Street Lighting. Before the City signs the final
plat, the Developer shall pay the City a fee of $200.00 for eachstreetlightinstalledintheplat. The fee shall be used by the
City for furnishing electricity for each light for twenty ( 20)months.
16. 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 theDeveloper.
17 . Responsibility for Costs.
A. The Developer shall pay an administrative fee
in conjunction with the installation of the plat improvements.
This fee is to cover the cost of City staff time and overhead foritemssuchasreviewofconstructiondocuments , preparation of
the Development Contract, monitoring construction progress, pro-cessing pay requests, processing security reductions and finalacceptanceofimprovements. This fee does not cover the City' scostforresidentconstructioninspections . The fee shall be
calculated as follows:
GC-4
r
i) if the cost of the construction of public
improvements is less than $500,000 , three
precept (3%) of construction costs ;
ii) if the co411stoftheconstructionofpublic
improvements is between $500,000 and
1,000,000, two percent (2%) of construction
costs;
iii) if the cost of the construction of public
improvements is over $1 ,000 ,000 , one and one-
half percent (1+%) of construction costs .
Before the City signs the final plat, the Developer shall deposit
with the City a fee based upon construction estimates. After
construction is completed, the final fee shall be determined
based upon actual construction costs. The cost of public impro-
vements is defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the
Developer shall reimburse the City for all out-of-pocket costs
incurred by the City for providing resident construction inspec-
tions. This cost will be periodically billed directly to the
Developer based on the actual progress of the construction.
Payment shall be due in accordance with Article 17E of this
agreement.
C. The Developer shall hold the City and its offi-
J cers and employees harmless from claims made oy 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.
D. In addition to the administrative fee, the
Developer shall reimburse the City for costs incurred in the
enforcement of this Contract, including engineering and attor-
neys' fees .
E. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this 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 havesold, until the bills are paid in full. Bills not paid within
thirty ( 30 ) days shall accrue interest at the rate of 8% per
year.
F. In addition to the charges and special
assessments 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.
1 18. Developer's Default. In the event of default by
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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.
19. 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 (3°) days
following the acceptance of the public improvements unless other-
wise 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. Beach 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, subsec-
tion, 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 im-
provements caused by the City, Developer, its contractors, sub-
contractors, materialmen, employees, agents, or third parties.
G. Occupancy. Unless approved in writing by theCityengineer, no one may occupy a building for which a building
permit is 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
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a waiver or release.
I. Release. This Contract shall run with the landandmayberecordedagainstthetitletotheproperty. 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. Insurance. Developer shall take out and main-
tain until six (6) months after the City has accepted the publicimprovements, public liability and property damage insurance
covering personal injury, including death, and claims for pro-perty damage which may arise out of Developer' s work or the work
of its subcontractors or by one directly or indirectly employedbyanyofthem. Limits for bodily injury and death shall be notlessthan $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than
200,000 for each occurrence; or a combination single limit
policy of $1,000,000 or more. The City shall be named as an
additional insured on the policy, and the Developer shall file
with the City a certificate evidencing coverage prior to the Citysigningtheplat. The certificate shall provide that the Citymustbegiventen (10) days advance written notice of the can-
cellation of the insurance. The certificate may not contain anydisclaimerforfailuretogivetherequirednotice.
K. Remedies. Each right,power or remedy herein
conferred upon the City is cumulative and in addition to every
j 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 andremedyhereinsetforthorotherwisesoexistingmaybeexercisedfromtimetotimeasoftenandinsuchorderasmaybedeemed
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.
L. 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.
M. Construction Hours. Construction equipment mayonlybeoperatedintheplatbetween7: 00 a.m. and 6 :00 p.m. ,Monday through Saturday. Operation of construction equipment isalsoprohibitedonthefollowingholidays: New Year' s Day,Memorial Day, July 4th, Labor Day, Thanksgiving Day, ChristmasEveDay, and Christmas Day.
N. Access. All access to the plat prior to theCityacceptingtheroadwayimprovementsshallbetherespon-
sibility of the Developer regardless if the City has issuedbuildingpermitsoroccupancypermitsforlotswithintheplat .
411 0. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
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tr
subdivision are accepted by the City. Warning signs shall be
placed by the Developer when hazards develop in streets to pre-
vent the public from traveling on same and directing attention toIIPdetours. If streets become impassable, the City may order thatsuchstreetsshallbebarricadedandclosed. The Developer shall
maintain a smooth roadway surface and provide proper surfacedrainage. The Developer may request, in writing, that the City
plow snow on the streets prior to final acceptance of the
streets. The City shall have complete discretion to approve or
reject the request. The City shall not be responsible for
reshaping or damage to the street base or utilities because of
snow plowing operations. The provision of City snow plowing ser-
vice does not constitute final acceptance of the streets by theCity.
P. Soil Treatment Systems. If soil treatment
systems are required, the Developer shall clearly identify in thefieldandprotectfromalteration, unless suitable alternative
sites are first provided, the two soil treatment sites identified
during the platting process for each lot. This shall be done
prior to the issuance of a Grading Permit. Any
violation/disturbance of these sites shall render them as unac-
ceptable and replacement sites will need to be located for each
violated site in order to obtain a building permit.
END OF GENERAL CONDITIONS - - -
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
r ayFilingFee09/•
This is to certify that this doc ment
fil;d in office qr hg Sday
of 11 .A.D.at / o clock
fl• .and was duly recorded as
doc me t no.
CARL W.HANSON JR.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
ORDINANCE NO. 300
AN ORDINANCE AMENDING CHAPTER 20
OF THE CHANHASSEN CITY CODE,BEING THE
ZONING CHAPTER OF THE CITY OF CHANHASSEN
BY AMENDING A PLANNED UNIT DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 20 of the Chanhassen City Code is hereby amended to amend the Planned
Unit Development zoning on the following described property located within the City of Chanhassen,
Minnesota:
Outlot A,LAKE SUsaN HILLSc
SECTION 2. Zoning Regulations. The allowed uses and performance standards for the above
described property are set forth in the following documents on file with the City Clerk which are incorporated
herein by reference:
Amendment to Planned Unit Development Agreement dated March 13,2000.
Planned Unit Development Agreement dated November 16, 1987.
SECTION 3. The Zoning Map of the City of Chanhassen referred to and described in Chapter 20
shall not be republished to show the aforesaid amendment, but the zoning map on file in the City Clerk's
office shall be appropriately marked for the purpose of indicating the zoning provided for in this ordinance.
SECTION 4. Effective Date. This ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED AND ADOPTED this 13th day of March, 2000, by the City Council of the City of -
Chanhassen,Minnesota.
ATTES
1lit4 t MAAAT"
Scott A. Botcher,City Manager Nancy K.M6(ncmo,Mayor
Published in the Chanhassen Villager on April 6,2000).
85301.01
RNK03/15/00
AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated March 13,2000, between the CITY OF CHANHASSEN,a
Minnesota municipal corporation(the"City"), and LAKE SUSAN HILLS,a Minnesota general
partnership,and JAMES A.CURRY and BARBARA CURRY,husband and wife(the
Developer").
1. PLANNED UNIT DEVELOPMENT AGREEMENT. The Planned Unit
Development Agreement dated November 16, 1987("PUD Agreement")shall
remain in full force and effect except as specifically amended herein.
2. AMENDMENT. Paragraph 6D of the PUD Agreement is amended to read as
follows:
D. The following shall be the maximum percentage of allowable impervious
surface: Outlot A 35%, Outlot B 35%, Outlot C 40%,and Outlot D 35%.
CITY OF CHANHASSEN LAKE SUSAN HILLS
BY: BY:
Nancy K. Mancino, Mayor Its general partner
AND
Scott A. Botcher,City Manager JAMES A. CURRY
BARBARA CURRY