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13. Exention of Platting Aproval for 2 1/2 acre lots 0 , CITYOF r 4 1 _..,, _,„ t _ t. . 4444v;s - , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 Actialt by Cott.Ad/m7 bt nfstfat Endorsed r DINfr MEMORANDUM Nodiitied Necte ,�- TO: Don Ashworth, City Manager 'j DeN Submitted to Commission II FROM: Paul Krauss, Planning Directors Date Sutu,':1 to CoJnCit I DATE: April 30, 1990 `�_wo_ ur SUBJ: Request for Extension of Preliminary Plat for 2; Acre Lots by Gilbert Laurent, Bruce Jeurissen and Sever IPeterson On Monday, February 26, 1990, the City Council approved an II extension to the preliminary plat for Laurent, Peterson and Jeurissen. These individuals had gotten preliminary approval for 211 acre residential lots prior to the enactment of the Lake Ann Interceptor Agreement and the deletion of the zoning category from I the city's zoning ordinance. They were originally given 3 months past the date of the adoption of the Official Map of Highway 212 to submit a firm preliminary plat request. The City Council extended I this deadline to June 11, 1990. Shortly thereafter on March 8th, city staff received a letter from one of the individuals, Gil Laurent, who indicated that he was withdrawing his preliminary plat II application. It is their belief that the location of Hwy. 212 so severely impacted his site that what is remaining cannot be developed. Staff addressed this matter in the minutes so that Mr. Laurent would have firm evidence to present to MnDOT during the I actual acquisition process that he was in fact entitled to 21/2 acre lots but could not proceed due to the location of the highway. It was staff's belief that in so doing the inherent value of his Iproperty could be protected. . On April 19, 1990, staff received a letter (attached) signed by the three original property owners who were requesting a further I extension of time for platting the property into 21 acre lots. They are requesting that no specific deadline be established since the ultimate determination for the highway construction program is I yet to be made. They indicated the desire to continue farming the property and avoiding actual development but wanted at the same time to protect the value of their property for the time when Iultimately MnDOT acquisition does take place. Staff has discussed this matter at length with all three individuals. We explored different alternatives with them and are II II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II Plat Extension Request April 30, 1990 Page 2 inclined to agree that platting their lots at this time poses a problem. The highway either severely impacts the lots directly, requires the construction of lengthy access roads which would ultimately be moved by the highway or would result in lots that are impacted by proximity to the highway all of which have the effect of diminishing the desirability of platting at this time. We have ' also agreed with the individuals that 21 acre zoning is probably not optimal in that it tends to use significant land areas for relatively few homes and that at some point in the future, when and ' if utilities are extended to this area, the land would clearly have an ability to contain more intense uses. We should point out, however, that the site in question are south of the currently proposed MUSA line amendment and we do not anticipate having utilities in this area for some time. However, the sites are located in what is designated at this time as the 1995 Study Area due to the pending construction of Hwy. 212 with the proposed ' interchange at Powers Boulevard/County Road 17. Staff is reluctant to recommend further time extensions for the ' plat for the purposes stated. We note that the procedure of giving time extensions to these and other properties appears to have been done at city initiative without its direct approval or observation ' by the Metropolitan Council. The Lake Ann Interceptor Agreement to provide the sewer interceptor for the city's future development was a controversial document and by contract we agreed to take action to cease 21 acre zoning. In the interest of fairness, these extensions have been granted, however, we are concerned that to continue doing so, has a good chance of provoking the Metropolitan Council. At the same time, the city is working on a major comprehensive plan amendment that would have a direct impact on over 2, 000 acres and we do not wish to jeopardize this by alienating the Council on what is otherwise a relatively minor ' matter. We continue to believe that the interests of these individuals could be protected by placing information in the official record indicating they were eligible to proceed with 21 acre zoning but declined to do so because of the impact of the ' highway. We would ask that the minutes be required to reflect this and would further propose, if so desired, that letters be directed to the owners to indicate our understanding of this matter. STAFF RECOMMENDATION Based upon the foregoing, staff recommends that the further ' continuances requested for preliminary platting of the requested parcels be denied but the City place notice in the permanent record regarding the current ability of these properties to develop into ' 21 acre lots. ' II Chanhassen City Council, 1 We would like to request an extension of time for platting our property into ' two and one half acre lots. In February of 1987 we were granted an extension until the Hwy 212 alignment could be established. However, any alignment changes in the future, until the Highway is built or until the corridor is actually acquired, would dramatically affect our land use. ' We are third and fourth generation taxpayers in the community and our desire ' is to continue to use our land for farming until the highway and road ' corridors are, in fact, acquired. We feel that this would not only be in our best interest but Chanhassen's as well. We also feel that it serves no good ' purpose to get a preliminary plat without being certain what roads or highways will actually be built and where they will be built. At the present time Chaska Utilities service the property joining ours to the South West. Chanhassen's exploding growth may require a sooner than anticipated 1 extension of the MUSA line. For the above reasons we would like to keep our two and one half acre zoning 1 and continue farming our land until the roads and highways are actually built or the corridors acquired. We believe this time frame would be far more ' prudent for Chanhassen in terms of planning and for ourselves in terms of expending additional money on premature preliminary plats at this time. Respectfully, '4261L1�.�. 1 da4A4'h14- t April 19, 1990 Vil iris 171=4..IJ VICL1.1.11 1L, 17710 Councilman Boyt: Boy you really know how to garner votes out there guy. !laver Ctpmiel: I'm still not getting your direction. Paul Krauss: Well yeah, I think we got same. Why don't you let us do save more *pork on it. Mayor Chmiel: Pine. GIL LAURENP PRELIMINARY PLAT, PLANNING DIRECTOR. Paul Krauss: At a recent neeting you approved a preliminary plat extension for Laurent, Ppeterson and Jeurissen. They had qualified for 2 1/2 acre zoning and they were supposed to came in with a plan before TH 212 or within 3 months after I the official napping of TH 212. I've had some discussions with I . Laurent and the situation is that his property is going to be so chopped up by the new TN 212 that it really is impossible for him to develop it and he's pulling out of ' that coalition of three. I indicated I would bring this before you so we would get same record of this in the Minutes so that at same point when he needs to go through an acquisition process with MnDot for his property, that there is save II official record of the fact that you had approved a concept for 2 1/2 acre lots. Even though he's not going to be going for that, the value of his land should be based on what he could have done before the highway came through. I guess the only reason again for bringing this before you tonight is so that it was in the ' Minutes and we acknowledge that situation, that he is withdrawing. Mayor O iel: Okay. One thing Paul that I see here in the first paragraph as II opposed to the second paragraph. I see a little bit of contradictory - discussions going in here. Here you indicate that they will not be pursuing • development of their property. That they're withdrawing their preliminary plat application. The last paragraph says as far as staff knows, Peterson's and IIJeurissen's are still pursuing their preliminary plat application. Paul Krauss: Yes. The other two parties are. IMawr Oriel: Okay. Great. IICouncilman Workman moved, Councilwoman Dialer seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 12:15 a.>U.• - Submitted by Don Ashworth IICity Manager Prepared by Mann Opheim 82 1 CITY OF ioit, • — f CHANHASSEN,r 5 ViM I ,s,_ _, t - ,: 690 COULTER DRIVE•• P.O. BOX 147•• CHANHASSEN, MINNESOTA 55317 I (612) 937-1900• FAX(612)937-5739 MEMORANDUM 1 TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Senior Planner I DATE: March 8, 1990 SUBJ: Gil Laurent Preliminary Plat I On Monday, February 26, 1990, the City Council approved an Iextension to the preliminary plat for the Laurent/Peterson/ Jeurissen property. The subject property is impacted by the Hwy. 212 right-of-way and the applicants have been receiving extensions to the preliminary plat deadline until the Hwy. 212 official map I was approved and finalized. On March 2, 1990, the City received a letter from Gilbert and Margaret Laurent stating they will not be pursuing development of I their property and that they are withdrawing their preliminary plat application. The location of Hwy. 212 is removing a large portion of their buildable land and they do not feel what is remaining can I be developed. k The property could have been developed into 21 acres parcels since I the application was made prior to the 1 unit/10 acre density being required by the amended zoning ordinance. As far as staff knows, Messrs. Peterson and Jeurrissen are still pursuing their ' preliminary plat application. . I I I I . I 3 _ 9a 1 d_Lea4,)711 , pctz.e.to.). 1 -,,,, _ , s ' air/ / CIL■C,-.La/ ••••#'2-'•efre'edt'.4.11 1 cf�-J- ,/r/ ./ _....e;4-- _.....44; ----re-e-- -4P-rtre, c-e-er-•42--4--,--e9 1 I ' -j---4-11-f-e--481*-8, 1 ,,4 76 P ` rze:1 C�c..a.a , n • 6—S3 !e ic.ii .5 -3 X6,5 I I MAR 0 5 WO WTY.OF CHAN'HASSEN I I I I CHANHASSEN CITY COUNCIL I REGULAR MEETING FEBRUARY 26, 1990 I Mayor Chmiel called the meeting to order at 7:30 p.m.. The meeting was opened with the Pledge to the Flag. ' COUNCIL MEMBERS PRESENT: Mayor Chmiel, Councilman Boyt, Councilman Workman, Councilwoman Dimler and Councilman Johnson STAFF PRESENT: Don Ashworth, Paul Krauss, Gary Warren, Jim Chaffee, Elliott Knetsch and Roger Knutson, City Attorneys Mayor Chmiel wished Councilwoman Dimler a happy birthday. APPROVAL OF AGENDA: Councilman Johnson moved, Councilwoman Dimler seconded to approve the agenda with the following amendments: Councilman Workman wanted to move item 6(a) to 1.3 under Unfinished Business and to discuss Metro Waste Control Advisory Commission and a resolution proposal to the legislature; Mayor Chmiel wanted to discuss the drug awareness program and National Earth Day. All voted in favor of the agenda as amended and the motion carried. CONSENT AGENDA: Councilman Johnson moved, Councilman Workman seconded to I approve the following Consent Agenda items pursuant to the City Manager's recommendations: e. Accept Proposal for Official Mapping of TH 101 Between Entrance and Proposed TH 212. f. Approve Agreement for Deposit of Securities in Lieu of Retainage, Northdale Construction. g. Review Specifications for Public Works Equipment, Authorize Advertising for ' Bids. h. Approve Plans and Specifications for Public Works Auxiliary Storage , Building, Phase II, Authorize Advertising for Bids. i. Resolution #90-22: Approve Contract Amendment No. 1, North Side Parking Lot Improvement Project. k. Approval of Accounts. 1 1. City Council Minutes dated February 12, 1990 Planning Commission Minutes dated February 7, 1990 Park and Recreation Commission Minutes dated February 13, 1990 Public Safety Commission Minutes dated February 8, 1990 m. Zoning Ordinance Amendment Regarding Recreational Beachlots, Final Reading. ' n. Extension to Preliminary Plat Deadline for Laurent and Peterson All voted in favor and the motion carried. ' r 1