3.5 Remand Marsh Glen Project
CITY OF
CIlANHASSEN
I City CtnttrDrivt,POBDx 147
'hanhassm, MinntSota 55317
Pho7tl612.937.1900
Groll'l/I Fax 612.937.5739
,ginming Fax 612.937.9152
blic Saftty Fax 612.934.2524
7rb www.a.chanhassm.mn.UJ
J.S-
MEMORANDUM
TO:
Mayor and City Council
FROM:
Cynthia R. Kirchoff, Planner II
DATE:
March 22, 2000
RE:
Marsh Glen
On March 13, 2000, the City Council tabled the Marsh Glen proposal for 60 days
so the applicant could redesign the plat to accommodate the neighbors' concerns.
The applicant intends to plat the property as a traditional singe faI)lily subdivision
with 15,000 sq. ft. lots. .
Since the proposed project has changed significantly, staff believes the Planning
Commission should review the new proposal. The project is preliminarily
scheduled for the April 16, 2000 Planning Commission meeting.
RECOMMENDATION
Staff recommends the City Council remand the Marsh Glen project to the
Planning Còmmission for review contingent upon the applicant giving a 60 day
extension.
Attachment:
,
I. Minutes from the March 13,2000 City Council Meeting
g:\plan\ék\plan comm\marsh glen mem to cc.doc
-
Chanhassen City Council Minutes - March 13, 2000
After a great deal of time and consideration the residents of Mission Hills Lane and Mission Hills Court
would like to reiterate our opposition to this rezoning. We'd like to restate that we made the investment
in our homes with the understanding that this properly would one day be an extension of our single
family residential neighborhood. We depended on the City's long term land use plan to provide us with
the covenants from the City regarding the use of the land and we respectfully request that the council
members support that commitment by voting to keep the current RSF zoning in place. We have taken
Mr. Kroiss' most recent revisions and with the temporary construction access from West 86th Street into
consideration. I think our biggest fear with that is that it is actually going to be built on Outlot D and
Outlot D is slated to be land that will be condemned for Trunk Highway 101 at some point in the future.
Now obviously we don't know when that will be. That could be, and we laugh when you say this. It
could be next week. But I mean seriously the timing is unknown and we're just not comfortable with
taking that risk. We think the risk ofthe unknown is less ofa risk for us to take. In addition to that I just
want to say that we do have other concerns about the subdivision itself going in as proposed. Objections
kind of with the layout. With the lack of buffer or transition from the single family into the townhomes
at time of buildout, as well as the number of units. So all of those things really came into playas we
thought about the project. We also would request that the council would vote on this issue tonight. As
you recognize that there was further consideration that was due it last time and we recognize that as well.
And we have been really...possible alternatives since that last meeting. It wasn't until really last
Thursday that we met with the developer and that's cutting it pretty close but the plan that he came to the
table with there, I think that we had hoped that there might be maybe some good will effort shown on the
plan greater than what was. POS5iblya reduction in the units or some greater transition from the
townhome into the single family neighborhood and we really didn't see that. We're just hoping that this
doesn't drag on for a great deal longer. That if you please take I guess into consideration the time that
the neighbors, the staff and yourselves spend on considering the project and if we are going to look at an
alternative project to this one, that that would be significantly different enough to warrant that time. We
also do feel very strongly that the property is a really desirable piece of property. It's in a prime
Chanhassen location. We think that it can attract a good quality single family residential builder. We
think that it can be developed to meet the current zoning regulations and I know that there are some
challenges with the Trunk Highway 101 coming in and that part of the land could pose some problems
for a potential developer but conversely to that, on the east side of that parcel of land there really is some
very nice lots that back up right to the wetland. And on the other side of Marsh Lake, I mean they're
building some wonderful, well not building but have built already some wonderful single family homes
that are very, that property values in the ranges from $500,000 to $800,000 so I just believe that there are
some positive things about this piece of land. Where it's located that could attract a good single family
residential project as well. In closing we'd just like to see the zoning on this land remain RSF as it was
initially designated and we feel that there really hasn't been any compelling reasons to justity a change.
Mayor Mancino: Thank you. And of course we won't make a decision tonight because we do want you
to come back again. I mean who would be here? What would we have to do? We're on a first name
basis with everyone now.
Bruce Hanson spoke as legal counsel on behalf of the property owners, Andrew and Linda Freseth.
Mayor Mancino: Thank you. Before we go back to council I got a letter from David Nickolay who is...
adjacent to the property. He asked me to read, he is unable to attend tonight's meeting. Dear Nancy.
This is a follow up to our telephone convèrsation concerning the proposed Marsh Glen development. I
will be unable to attend tonight's meeting so I ask that you read this letter when public input is allowed.
As I have repeatedly stated to city staff, Planning Commission, the Council and developer, the lots next
to my property should be a single family, one home site. Not two homes on this lot. This allows for a
transition from the home site in my Mission Hills Lane development. The developer has not responded
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Chanhassen City Council Minutes - March 13, 2000
to the Planning Commission and the City Council's direction to work out a plan with me. He has also not
responded to my letter to him. Please change the proposed plan so that Block I, Lots 9 and 10 are
combined into one single family homesite and direct that the house pad site will align with the Mission
Hills home to the south. Not the minimum 15 foot setback that is proposed. Respectfully, David
Nickolay on March 13th. With that, public comments is closed. We'll bring this back to council and I
would like to say on behalf of all the council, thank you, all of you for coming tonight... For doing a
good job. For the different homeowners that are adjacent to the property. Being so clear in letting us
know how you feel and taking the time to get organized and for speaking so articulately tonight. So
thank you. With that I know that Councilmember Engel.. . last time so if he would lead off this time. It
isn't your neighborhood so.
Councilman Engel gave his comments on this item that he would support the neighborhood's request for
not rezoning the property, even though he felt after looking at the site and driving through it that this
proposal would be a good development for this site.
Mayor Mancino: Okay, so just to clarity your position. You would not vote to rezone? ...
Councilman Labatt gave his comments that he was not in favor of rezoning this property.
Councilman Senn gave his comments that although he likes the project being proposed by this developer,
he would uphold the neighborhood's wishes to not rezone the property.
The Council discussed the possibility of the development consisting of a combination of the twin home
product that was being proposed and single family homes to serve as a transition from the current single
family neighborhood.
Councilman Engel: Yes. And this is...
Penny White, a resident from the adjoining neighborhood, asked a question regarding the proposal.
Mayor Mancino: So you get to come back here again ifthere was another request for a rezoning. Okay?
...Okay, coming back to council. Councilwoman Jansen. Do you have anything more to add or are you
done?
Councilwoman Jansen gave her comments that she would like to see a compromise between the number
of homes being proposed in this development and the number of single family lots that was being thrown
out by the neighborhood. Councilwoman Jansen also asked if this item should go back to the Planning
Commission for their input on a solution to this item.
Bruce Hanson asked if the neighborhood and the developer could take a few minutes to discuss a
compromise solution. Mayor Mancino stated that the City Council would continue on with the agenda
while they discussed the item and then come back later in the agenda for a decision.
APPROVAL OF LlOUOR ORDINANCE.
Scott Botcher presented the staff report on this item. Roger Knutson clarified some items that the City
Council members had questions on.
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Chanhassen City Council Minutes - March 13, 2000
a detour route and traffic control signage plan will need to be submitted to the city for review
and approval prior to construction.
19. Construction traffic to the site shall be limited to Dakota Avenue. Parking along Lake Drive'
East and Dakota Lane shall be prohibited.
20. Should parking ever exceed the lot limits, the developer or site owner shall be responsible for
the cost of "No Parking" signs installed on Dakota Avenue between Lake Drive and Erie
Avenue on the west side of the street and Lake Drive and Cheyenne Avenue on the east side
of the street."
All voted in favor and the motion carried unanimously.
CONTINUATION OF TIlE MARsH GLEN PROPOSAL.
Bruce Hanson stated that after discussion the neighborhood and the applicant were not able to come to a
consensus and asked that this item be tabled.
Councilman Senn moved, Councilman Engel seconded to table the Land Use Plan Amendment
#2000-2 to change the designation from residential low density to residential medium density, and
to table the rezoning #2000-1 of 13.41 acres from RSF, Residential Single Family to PUD-R for up
to 60 days to provide the applicant time to revise his plan, and ask that the applicant submit a
letter requesting to waive the time limit on this application. All voted in favor, except
Councilwoman Jansen: who opposed, and the motion carried with a vote of 4 to 1.
CONSIDERATION OF SOIITHWEST METRO TRANSIT JOINT POWERS AGREEMENT.
Scott Botcher presented the staff report on this item outlining the changes that were being proposed on
this document.
Councilwoman Jansen provided her input on this item being the City of Chanhassen representative on the
Southwest Metro Transit Commission.
Councilman Senn moved, Mayor Mancino seconded that the City Council table this item to see the
revised draft of the Southwest Metro Transit Joint Powers Agreement. All voted in favor and the
motion carried unanimously.
PROPOSED GARDEN SITE. JILL SINCLAIR.
Councilwoman Jansen moved, Mayor Mancino seconded that the City Council approve a budget
not to exceed $2,500 in the year 2000 for a proposed community garden site. All voted in favor,
except Councilman Senn who opposed, and the motion carried with a vote of 4 to 1.
CORRESPONDENCE DISCUSSION.
Scott Botcher and Councilman Senn discussed some items of interest in the Correspondence Section.
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