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3. Consider Building Moratorium for Properties in Vicinity of Great Plains Blvd and West 78th St.Chanhassen Realty Co. Gerald & Lois Schlenk Wilbar Properties c/o Mason Properties 225 West 78 Street 7811 Great Plains Blvd. 1589 Hwy. 7 Chanhassen, MN 55317 Chanhassen, MN 55317 Hopkins, MN 55343 Church of St. Hubert's HRA 7707 Great Plains Blvd. City of Chanhassen Chanhassen, MN 55317 NOTICE OF PUBLIC HEARING CITY COUNCIL Monday, April 14, 1997 at 7:30 p.m. City Hall Council Chambers 690 Coulter Drive ABJECT: Moratorium of Downtown Sites �PLICANT: City of Chanhassen ►CATION: Downtown Area (see map) N OTICE: You are invited to attend a public hearing about a proposal in your area. The ty of Chanhassen is requesting a 6 month moratorium to review future land use ;velopment for the sites listed below: 5 - 1730010 Chanhassen Realty Co. 5 - 0130100 Wilbar Properties 5 - 0130300 City of Chanhassen i 0130800 i - 0131200 i - 0131400 i- 0131600 5- 0132700 Gerald & Lois Schlenk 5- 0132800 Gerald Schlenk 5- 0500010 St. Hubert's Church Old St. Hubert's Church 'hat Happens at the Meeting: The purpose of this public hearing is to inform you about the weloper's request and to obtain input from the neighborhood about this project. During the eeting, the Mayor will lead the public hearing through the following steps: Staff will give an overview of the proposed project. The Developer will present plans on the project. Comments are received from the public. Public hearing is closed and the Council discusses project. !uestions and Comments: If you want to see the plans before the meeting, please stop by City all during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to Dmeone about this project, please contact City Attorney Roger Knutson at 452 -5000. If you choose to ibmit written comments, it is helpful to have one copy to the department in advance of the meeting. taff will provide copies to the Council. ■■ �■ ■■ m■ ■■ ■■ ■� X1111 ■�J ■ ■��,� .�,,� X1111■ otice of this public hearing has been published in the Chanhassen Villager on April 3, 97� A/ Mayor and City Council April 9, 1997 Page 2 greater purpose. Let's make the assumption that during the next six months we make a decision that the church should stay as a church but that the school portion of the property should become higher density residential. The only way that that goal could be achieved is through the city's actions in regards to modifying zoning and probably participating in part of the cost of demolition or reconstruction. The same would be true of the Kenny's site. Let's assume that in six months we decide that the existing building should be removed and that we should be looking to a two story structure, similar to what has been discussed for the Pauly site, public assistance would be assured. All of the same comments relate to the Schlenk property or Klingelhutz property. We have not harmed our ability to make any of these decisions if we simply go about the task of trying to state what our goals are and how we are going to go about achieving them. Whether we are condemning a new tenant out of the Kenny's building six months from now, with or without a moratorium, will cost the city no more money one way or the other. In some ways, an interceding sale would help us as the value of the property will be known. It would appear as though one of the primary reasons that the moratorium was discussed was to ensure control of the Pauly/Pony/Pryzmus site. I can assure the city council that no action will occur at the HRA level which will change the city council's ability, acting as an EDA, to make the decision as to whether or not that property should be used for a park or a two -story office building. Recommendation This office would recommend that we modify our work session agendas so as to establish this item as a priority work session and then go about the task of implementing a plan for that area. G: \mgr \moratorium.doc I r� CITY OF 3 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: April 9, 1997 SUBJ: Consider Establishment of a 6 Month Building Moratorium to Allow for Review of Future Land Use Developments on Properties in the Vicinity of Great Plains Boulevard and West 78` Street The city council set this evening as the official hearing date to consider establishing a building moratorium on various properties in the vicinity of Great Plains Boulevard and West 78 Street (see attached notice and the resolution required to effectuate the moratorium). Moratoriums — Overview: I have watched other cities adopt moratoriums over the years and have been involved with at least two moratoriums in the City of Chanhassen. Virtually every moratorium, ours or someone else's, has had a very justifiable goal. Unfortunately, every one of those that I am familiar with have ended in failure, i.e. the moratorium time came and went with the city council being in virtually the same position that it was in six months earlier. During the process, the one thing that was accomplished was that the parcels affected were not able to be sold, improved, or in some other fashion, bettered. By contrast is the example of the Highway 5 corridor project. Although we discussed a moratorium, the final determination was that if we went about our business and placed that item as a priority, that we could complete the study and have it adopted in advance of harming a particular development, prohibiting a potential sale, etc. One of the problems with a moratorium is that it doesn't really accomplish some of the good things that we set out in the original goal, i.e. should the owner of Kenny's or the Catholic Church find a buyer for either of those two buildings, they would have the full right to have that buyer occupy either of those structures as long as they met existing ordinances. Should either of the two new owners need to carry out structural changes, they would have a problem. It is this perceived belief that they may want to make a structural change which will kill the bank financing for either of the two projects, or will have either of the two potential buyers walk away. Another problem with a moratorium is that it really doesn't change your ability to do some