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6. Discussion Preliminary Plat for Great Plains Golf Estates It • 6 CITY OF 4 k CHANHASSEN 1 s-r , _ ` ? 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I _ (612) 937-1900 "Mtor IMEMORANDUM r -- TO: Don Ashworth, City Manager .. 1 FROM: Jo Ann Olsen, Asst. City Planner _DATE: April 18, 1989 __.---- -��_ {� lr 1 � . < ... SUBJ: Discussion on Final Plat for Great Plains Golf Estates IIOn March 28 , 1988 , the City Council approved a one year extension for final plat approval for Great Plains Golf Estates sub- division (Attachment #1) . The final plat deadline was extended 1 to July 10 , 1989. The Great Plains Golf Estates subdivision received preliminary plat approval on July 6 , 1987. The prelimi- nary plat created 37 single family lots with a minimum lot area II of 2i acres . The applicant, Don Halla, is prepared to apply for final plat 1 approval within the next month for Great Plains Golf Estates. Mr . Halla is proposing to plat only three of the 37 lots and plat the remaining 34 lots as an outlot. When Mr. Halla plats the 34 lots in the future, the city could enforce the current I regulations for unsewered lots ( 2i acre minimum and 1 unit/10 acre density) . The City Attorney has stated that the City Council can choose to either enforce current regulations when the outlots are 1 platted, or can permit the preliminary plat to remain as approved in 1987. I The applicant is requesting the City Council to permit him to plat 34 of the lots as outlots and allow those 34 lots to remain as approved (Attachment #2) . The applicant has stated that he does not intend to replat the outlots for a long period of time, I in order to keep his nursery located at the site. In the past, when a long period of time has occurred between preliminary plat approval and the platting of an outlot, staff has required the 1 applicant to go through the prelim-inary plat process if the zoning regulations have changed. In all of the other rural sub- divisions which came in under the old ordinance regulations, the 1 applicants have moved forward with the development of the sub- division sites ( i .e. Lake Riley Woods North and South, Crimson Bay, Timberwood Estates) . 11 I , M ,' Mr. Don Ashworth April 18, 1989 Page 2 CITY COUNCIL ACTION On May 22 , 1989, the City Council tabled action until the appli- cant could provide staff with a phasing plan for the site( #3 ) . The applicant has submitted this for City Council review ( #4) . RECOMMENDATION , The City Council should determine one of the following: 1 . That the applicant must follow the submitted phasing plan and be allowed to designate the majority of his site as an outlot and that the 34 lots may remain as approved when they are subdivided in the future; or 2 . That if the applicant plats the 34 lots as outlots, he will forfeit the approved preliminary plat and be required to replat the outlots and meet all of the current zoning regulations. ATTACHMENTS 1. City Council minutes dated March 28 , 1988. 2 . Letter from Don Halla dated April 18 , 1989 . 3 . City Council minutes dated May 22 , 1989. 4 . Letter from Don Halla dated May 17 , 1989 . I I . 1 1160 City Council Meeting - March 28, 1988 I Mayor Hamilton: Perhaps we have time yet to review this. Have staff review it and bring it back at our next meeting. See if that's going to cause a tremendous hardship on the functioning of the park this year, than I think I would like to see Lori say that or perhaps even discuss it with the Park and Rec Commission. What our thoughts are and see what their thoughts are. Don Ashworth: I don't think there would be a significant impact if you want to potentially $2.00 in 1988 and instructed staff to look at like $1.00 in 1989. You will have a reduction in your daily fees but you will also pick up some additional useage out of that. Our previous experience has been that with an increase in the fees, you don't see significant increase in the amount of money but by contrast, by reducing fees, you do have increased useage. Councilman Boyt: I would like to make a comment here. It says in Lori's first ' page that there was considerable discussion. We didn't get the Minutes and we're really working in the dark here. Councilman Geving moved, Councilman Johnson seconded to table action on the Lake Ann Park Parking Fee Schedule until next meeting. All voted in favor and motion carried. 1 CONSENT AGENDA: (E) REQUEST FOR EXTENSION FOR FINAL PLAT APPROVAL, GREAT PLAINS GOLF ESTATES. Councilman Horn: My only comment on this is, it seems to me that what we're doing here is allowing somebody to jump the gun on a development proposal just to take advantage of the 2 1/2 acres. I believe that's the only reason that this request came in when it did. I don't think there was any intent to develop it at that time. It's purely an attempt to beat the 1 in 10 ruling. ' Now we get a request to extend that time and it seems to me that all we're doing is delaying something that wouldn't have happened in the first place. I have a little problem with that. I wanted to get the rest of the Council's ' opinion on that. Counci.lman Geving: Don't you think though Clark that there are others, I seem to recall that there are probably others who have done the same thing. That were trying to beat the 2 1/2 acre proposal. I believe that's true isn't it Barb? Don't we have other proposals other than Don Halla's who basically are in the same position? ' Councilman Horn: That makes it even more relevant then because what that says is this is just the first of many requests we're going to get to extend these 11 and they're going to get extensions forever until they're ready to develop. Jo Ann Olsen: All the other ones are meeting all the deadlines. They are in the process of development. iBarbara Dacy: Except for Sever. Jo Ann Olsen: Sever, that's one tabled but that's with TH 212 property. Mayor Hamilton: That was legitimate. ' 4 City Council Meeting - March 28, 1988 Jo Ann Olsen: This is the only who hasn't moved. Councilman Johnson: I think he was very honest with you when he said he really doesn't want to develop. Met Council forced us, basically to make the rule in the first place or forced the city into the 1 in 10 and that forced to preserve his rights. This is one where I'm torn again. I see both your side of it and I see his side of it. He's got a growing nursery business that he doesn't want. to start taking out multi-hundred dollar trees in order to put houses in and to put streets in through the middle of his nursery when he doesn't really plan to sell those lots to anybody. He plans to continue growing trees. He doesn't need a standard street running through the middle of his nursery. I'm torn on this one personally. ' -One side of me says, shoot, let him extend it. If he doesn't want to develop, we shouldn't be forcing him and the Met Council made us force him in the first place. The other side is saying he's trying to get - away with something like what you were saying. Not away with something but he's stuck between the same rock and a hard spot as I think we are in looking at this. Mayor Hamilton: I just would feel that if we give him the extension, we're ' going to have to follow the same rules for everybody else. I think he's following the rules that we've established for doing this. He's not doing something we haven't ever done in the past but I think if we do it for him, we're going to have to do it for others. I understand your concern. Councilman Geving: I would say this Tom. If this extension were granted, this is a one time deal. By July of 1989 he should have this thing moving. Mayor Hamilton: I think perhaps that could be a part of passing this. Make David understand that we'll extend it for a year and if he hasn't begun doing something in a years time, the changes of his receiving another extension are pretty slim. Councilman Horn: I agree. Mayor Hamilton moved, Councilman Horn seconded to approve the extension for Final Plat Approval for Great Plains Golf Estates for one (1) year. If something hasn't occured at the end of this year's period of time, a second extension will not be looked upon favorably. All voted in favor and motion carried. CONSENT AGENDA: (L) APPROVAL OF FIRST SUPPLEMENTAL SETTLEMENT AGREEMENT, DAVID LUSE. Councilman Horn: My comment on (1) was, I was surprised to learn that the HRA is negotiating with Mr. Luse on the railroad depot. As a member of the HRA I was not aware of that. I'm not too excited about the idea, even on a temporary basis of setting up a trailer out there. It seems to me that unless I'm missing something here, where he says he needs some temporary space but remove the depot because we didn't need the space. Why would the depot not work but a temporary trailer will? Don Ashworth: It's an entirely different use. The primary issue is one that the City had looked, as a part of the settlement agreement with Mr. Luse, to 5 ,1 LqH A3A A q Z �7LAi �3 A "LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS" INC. �A ' '00....4,0\r e `�r.ynwe'����. 10,000 Great Plains Blvd.,Chaska, Minnesota 55318 3 Miles South of Chanhassen on Hwy. 101 Phone 612-445-6555 City of Chanhassen ' City Council 690 Coulter Street Chanhassen,MN,55317 Dear Councilmen, Joann Olson recently brought to my attention that there is a need ' for clarification and approval by the City Council in regard to the sub- division of our nursery property. As you may recall from previous council minutes that it has long been my intention to start the subdivision with only 3 lots and maintain the balance of the property as outlots. The development of the balance of the property would be done slowly as I do not wish to retire or go out ' of business at this time. ' My basic intention of doing the subdivision was to maintain the value of our property by having it set up as 22 acre lots. For legal purposes ' there must be a formal approval of the outlot and the continuation of the development. Thank you for your courtesy and attention in this matter. lerely yours, /-4/11- Don E. Halla ' APR 1 8 1989 iANHASSEN K ' "THE PLACE TO CO FOR PLANTS THAT CROW" YOUR "NATIONAL LANDSCAPE AWARD"WINNING NURSERY FOR DESIGNING & PLANTING ' #5�1ARE TREES •,- EVERGREEN$ *,.FLOWERING CRABS • FRUIT TREES!_FLOWERING SHR BS �,; 7,};1 �! �• i ,a �%{ A x � �f3`, Y, :r,�ss7•' ��:a''.c� f'e'JAJ dp.• � �a.t�`C 1 e'� ., s 4t.p.o siDscj1kt:6-4,41`,zii46N!,1 ECTIC E`S '-+ NC} /►R R L Nl! 7.. t � - OAR City Council Meeting - April 24, 1989 II about being forced to develop 37 individual g p properties with a septic system on every one. Looking at the outline of the land around there, there's going to be more people having that problem as we start having more people dumping into that soil. That whole thing, in my book, should wait for city water and sewer. It's not far down the road right now in Eden Prairie and they're coming this way. If he wants to wait 10 years, let's let him wait and get the city into it and do it right instead of making everybody put in water and their wells and their septic systems and then a couple years all of a sudden you're on city water and sewer. Thanks. Councilman Johnson: I'm at the point of saying, let's have staff come back to us with what the phasing plan was... Mayor Chmiel: Let's table it and which was shown previously and go from there. Councilman Johnson moved, Councilwoman Dimler seconded to table action on the ' preliminary plat for Great Plains Golf Estates until the phasing plan is submitted. All voted in favor and the motion carried. SELECT THE PREFERRED ALTERNATE FOR TH 101 PRELIMINARY ALIGNMENT STUDY (TH 101 TO TH 5) . ' Gary Warren: As the Council may recall, we commissioned a study here to allow us to obtain land use input as well as alignment input for TH 101. The impetus I for the study was actually the submittal by MnDot of the proposed official map for the TH 212 corridor of which an intersection was shown with TH 101. Our initial reaction to the area was that MnDot's plan was showing TH 101 would, from the intersection, off load traffic onto the current alignment of TH 101 which would then abut onto all the property owners as it currently does along Lake Susan. That did not seem to be a reasonable proposal although we have included it in this analysis as the do nothing alternative. As a result, the City commissioned Fred Hoisington and BRW to look at the alignment and land use issues. The current information in front of you and Mr. Hoisington is here tonight to go into the details as you see fit, deals primarily with the alignment of TH 101 and the four alternates that we looked at. Although in order to make some sense out of it, we did include some preliminary land use input so that you could see how the alignment does impact land use options in the corridor. There is a separate study that is going to be compiled for approval at a future date dealing specifically with adopting the land use alternatives. However, this is strictly to address the preferred alignment for TH 101 from TH 212 to TH 5. At your. discretion, Mr. Hoisington is available with some charts to go into any details. Likewise we have some of the land owners and interested parties here. We had a very good, I thought public information meeting on April 17th and we got some good input there so would you like Mr. Hoisington to go into any presentation or what's your pleasure? Mayor Chmiel: Is there anyone in the audience wishing to take another look see at what Fred has done previously? I've sat through this probably about 3 times and I'm sure most of you sitting here have gone through it as many times as I have and the rest of the Council. Have you seen it? If not hearing any, we'll dispense with it because of the time that's fleeting. 48 II. • City Council Meeting - April 24, 1989 Don Halla: As far as? Councilman Johnson: Your request for platting 3 lots? Was that phase 1? ' Don Halla: That was Phase 1. Councilman Johnson: It was only 3 lots? Don Halla: Yes. So I've been operating under the thought that what I needed to ' come in by July 10th I guess is the date was Phase 1 and that took care of everything beyond that. ' Councilman Johnson: Our packet's a little missing in some information. Mayor Chmiel: Maybe we should just table this. ' Councilwoman Dimler: I have another question before we do that. Jo Ann, is that correct that all the others that were in this window period have finished except for Sever because of the TH 212 property? ' Jo Ann Olsen: They're all in the process of being developed. Lake Riley Woods North though does have an outlot that will be coming in with platting at the corner of TH 101 and Pioneer Trail. Councilwoman Dimler: Do they have the same deadline? Jo Ann Olsen: Yes, they've all met the guidelines. It's just that there's an underlying where the Council has the discretion to either allow the table, what was approved originally or else to apply the new ordinance. We knew that with ' this one it was going to be several years like 10 years, 15, 20 and we just wanted the applicant to have a chance to know that he should plat it now. We understand it's up to whatever Council is on at that time. ' Councilwoman Dimler: I don't know. Leaving it open ended that long. Maybe we could put a time limit on it. ' Mayor Chmiel: Maybe that's what we could look at right now with the tabling as was suggested. Showing the phasing which was provided previsouly to the City and take it from there. Councilman Johnson: I think if we look back at the notes or at the Minutes from the meetings, and like Don said, he was very honest. He wants to grow trees out there. He doesn't want to plat and he wants to save his property value. ' I think the Council very well knew that and the time that we passed this, I think we were very generous and we indicated that we'd probably continue being generous. We're not trying to get rid of Halla Nursery. If you'd rather grow ' trees, that's fine with us. The thrust of 1 in 10 did not come from the City of Chanhassen. The thrust of 1 in 10 came from the Metropolitan Council and in some people's opinion, was part of their method of making our population meet their predictions. Boyd Peterson: My name is Boyd Peterson at 325 Pioneer Trail. I'm a property owner. right adjacent to the nursery there and I have something to say about the 1 septics out there. I've got to have mine pumped every year and he's talking 47 City Council Meeting - April 24, 1989 subsequent phase. Each addendum had it's own portion that would be final platted. Councilman Johnson: As I remember. Chan Vista, we platted each phase, the phase behind my house first so I had the 37 homes behind me built first. Did we at that point on that final plat put everything as an outlot? Gary Warren: Right. Councilman Johnson: Then when they came to the next phase, which was under the ' new zoning ordinance, we allowed the next phase to be developed in accordance with the preliminary plat. So when he took part of his outlot and developed it according to the preliminary plat, which was approved under the old zoning ordinance, same situation because Chan Vista was originally approved under the old zoning ordinance and all the final plats were under the new zoning ordinance were under the old zoning ordinance basically. So in this case, I guess what I'm saying is Chan Vista, if we treat him the same as Chan Vista, his outlots would be platted under the old zoning ordinance in accordance with his preliminary plat. Not in accordance with anything new. Gary Warren: I think, and Roger can correct me if I'm wrong but that was the discretion of the Council at that time when they came in with the final plat. If you wanted to enforce the new rules, that was your choice and in this case.. . ' Councilman Johnson: I wish somebody had told me that at the time. Jo Ann Olsen: I don't know that that had been over 2 years thought either. I Gary Warren: And that was residential single family, not rural. Jo Ann Olsen: We just pointed this out because it will be several years before he comes in and we just wanted some sort of understanding now so he would know. Councilman Johnson: I think he deserves to know where he sits but if he comes back 3 councils later, lord knows where he sits 3 councils from now. These 5 people probably won't be here 3 councils from now. Some of them might. Don Ashworth: You had mentioned there originally was a phasing plan that you had submitted and that the City had agreed to? Don Halla: It's all on our original, on our preliminary plat all has phasing plans on it. Don Ashworth: Maybe that would be one way to resolve this issue. We table it , this evening and resubmit the item showing that phasing and seeing whether or not the Council is in agreement with that original phasing plan for this plat extension. In other words, 3 lots within 1 year. 12 lots with 2 years. Whatever the original phasing plan was. Don Halla: I don't think we had time limits on the phasing but we had certain lots being developed in certain stages. Councilman Johnson: Did you request within that phasing plan? 46 1 II. City Council Meeting - April 24, 1989 lots and not sell one of them but they're a platted lot out there? The platting does not mean you put the streets and improvements on them. What is the ' requi.rements for putting improvements on? Does he have to show some effort towards improvements? Gary Warren: It gets to be a question of phasing but typically, if he plats it ' he'll have to enter into a development contract and our development contract gives him a 2 year window basically on zoning changes or rule changes. But to avoid paper platting situations, we do require the security be placed in to see that those improvements are completed. Councilman Johnson: But the development contract is per phase? You don't do it for the entire project? So if his first phase is 3 lots, he'll enter into a development contract for those 3 lots and the phasing plan would then have the next lots at some time in the future? But in order to have all 2 1/2 acres, you'd have to plat them all now because when you put it into an outlot and you ' come back and replat that outlot later, that's a new platting. We're under the new rules. The window's closed. If you change your plat now to have 3 lots and one huge outlot and you come back and subdivide that outlot later, you're ' subdividing under the new rules. Not the rules that expired 2 years ago. Don Halla: I guess I didn't understand that. ' Councilwoman Dimler: And in fairness we'd have to do that. In fairness to all the other people. Councilman Johnson: How long do you think, maximum foot dragging it would take? After he plats the first 3 lots, or after he develops the first 3 lots, if none of those sell, are we going to say in 2 years you have to start developing more ' lots even though none of those 3 have sold? Gary Warren: He can plat the outlots at his discretion. ' Councilman Johnson: What I'm saying is, he plats all 37. I shouldn't say plat. Develops 3 of the lots. His first street going into whatever 3 he's trying to develop right now and none of those sell within the next 4 years. Is there some ' kind of schedule that we're trying to say in so many years he has to build then all out? I mean we've got subdivisions around here that have lots that haven't sold in 20 years. Gary Warren: I don't see that we'd be requiring him to go ahead. That's the developer/landowner's right I guess is to develop his land at a pace that makes sense economically for him. What we're just saying is whatever is final ' platted, typically the City does take security to see that any improvements that go along with it are accomplished and if those lots don't sell, like Saddlebrook for example. Things are picking up. They've had a lot of lots that they wished they had sold earlier but who knows how long they may be. Don Halla: But you're required to enter into a development contract for the whole property or just phase 1 or 2 or 3? Gary Warren: For the portion that you're final platting. Chan Vista's a good example. Chan Vista went to phases. There were 4 additions to Chan Vista and each addition, we had an overall contract and then we added an addendum for each 45 244y Council Meeting - April 24, 1989 •' with our final plat. In all of our original paperwork, if you look at the plans and so forth, we had everything in phases and it was originally considered and discussed that we would start the project and do it slowly over a period of time. Not convert the whole thing at one time. That actually is falling into what MnDot has wanted because they didn't want rapid development and really what happened because of switching from the 2 1/2 acre to 1 to 10, many, many different lots came up and people subdivided instantly and it actually caused what they were trying to prevent. Now really by my asking not to have to be forced to develop the whole thing at once, I am trying to go along really with the 1 in 10 plan as far as doing it slowly. If I am forced to have to do it and go into 2 1/2 acres immediately, then that's exactly what I would have to do. I purchased my brother out of the property based upon it being 2 1/2 acre developable lots. If it reversed, I would lose three-fourths of what I paid him for that land. I can't afford to do that bottom line and if I'm forced to do it, I'll have to find whatever remedies I can to work around it but I would just as soon, it was, as my understanding was, that we were allowed when we originally came in and discussed this, that phasing was not a problem and it was approved on that basis. There was a question I think that Jo Ann came up with that it needed direct Council statement and approval just to make sure that in the future there would not be any problem with that and that the 2 1/2 acres would carry forth. That's really what I'm here for and I would like to see an approval of that rather than a disapproval and I assure you that that would be less problems with the sewer problems and so forth and hopefully there will be sewer by the time that it was developed. I don't know but I would be forced into doing it immediately by July 10th if that's what you decided to the opposite. Councilwoman Dimler: What is your time line if we don't? If we give you an I extension, when will you have it done? Don Halla: I don't know. That's the honest answer. If you wanted to force me into making a time line and you say that you want 37 lots out there with houses on in 10 years or 5 years or whatever, you would come to that conclusion. If that's what you really want, that's what I present can be done. , Councilwoman Di.mler: You see my point is that we would be treating. You had the window. You took advantage of that but then you didn't go beyond that. You didn't complete the process. I guess other people, I'm thinking of Mike Gorra here. He didn't get in on that and say the Deglers or somebody wanted to subdivide, they would not be able to get on that. They'd have to go with the 1 and 10 so I'm saying that you had your opportunity and then after that we're just going to have to treat you equally like we would have to treat anyone else that comes in here. Don Halla: But that's exactly what I've done. I came in on the window. I have followed all the rules and regulations. Councilwoman Dimler. : But the window is closed. ' Don Halla: But we did what was required within that window. Councilman Johnson: I think I can ask some questions of staff and I think we may clarify something here. If he plats all 37 lots today, does he have to build all his roads? Does he have to sell all the lots? Can't you plat the 44 '• City Council Meeting - April 24, 1989 IItown, you shall change your comprehensive p lan and your zoning ordinance to only allow 1 house per every 10 acres in the rural area of town. At the time the ' zoning ordinance was 1 house every 2 1/2 acres so they went through about a year of public hearings and stuff. I wasn't on the Council at that time but I attended some of the public hearings redoing the zoning ordinance. Finally ' passed it after much argument on it and they gave an extension until January 1st I believe of the next year, maybe it was the 15th or 30th, whatever, for anybody to come in under the old ordinance and preliminary plat their lots. At that ' time, that's when everybody, we had the Gagne property. The Halla property. Your friends from Eden Prairie there that we talked to the other day. Sever Peterson. He came in and several other people. Some of those were also involved in the TH 212 and they've been given extensions because of TH 212. ' Mr. Halla was probably the most honest of everybody saying he wants to grow trees. He doesn't really want to subdivide but to protect his property value, which is what everybody wants to do is protect their own property value, I'd ' want to do it too, he wanted to plat this at this time into lots. So he's been working on that. I just wanted to give you that background. It was a tough issue at the time, especially for trying to change that zoning ordinance. There were some fun meetings. We packed them in out there in the hall. Councilwoman Dimler: Gee I wish we could do that. I guess I have a concern of treating people equally and who knows what the future is. I think it's really ' unwise for a Council to make a judgment today on future decisions. In today's circumstances and what's the circumstances going to be the day he comes in to do that. It is my understanding that right now he's got until July 10th to still I go ahead with the 2 1/2 acres and then after that he'd be in the 1 and 10. Is that correct, the July 10th? Jo Ann Olsen: His intention is to outlot a majority of that site so the City ' Council could either continue to have it 2 1/2 acre as it was approved or else to enforce the 1 unit per 10 acres. ' Councilwoman Dimler: Okay. That window was granted for a period of time and I don't know how long that was. Is that closed now? The window on the 2 1/2 acres? That's closed? ' Councilman Johnson: Over 2 years ago. Councilwoman Dimler: Yes, this is a real problem. I guess my other concern is ' that you know we do have ground water problems and we could be looking at the possibility of putting in 37 septic tanks out there or the property, this probably is more unlikely but it could be served at the time and the 1 and 10 would no longer be in effect. So I don't know. We're making a decision here not knowing what it's going to be at the time and I think that's in poor judgment. I think we should continue and treat him like we have everyone else. The window is closed and give him until July 10th to do the 2 1/2 acres. So I ' would go with option 2 on the recommendation. Mayor Chmiel: First of all, is Mr. Halla here? Don Halla: Thank you. I have all through the time been very up front with my discussion on it and I have met all the requirements of the city. We did file ' timely the first time when other people were given extensions after that. Many extensions have been granted. We asked for a 1 year extension before coming in ' 43 242 City Council Meeting - April 24, 1989 Councilman Workman: Is that usual? Is it usual to notify? Al Krueger: It is in Watertown and some of the towns west of here. Councilman Johnson: Could you also, since I'm suggesting modifications to your motion, look at asking the Public Safety Commission to review the licensing ordinance to include the provision of notification of the neighbors? Because any kennel, if you're putting a kennel in, there should be a notification. That's a noisy thing. If you try to subdivide your land you have to notify everybody. Subdividing your land is not going to be noisy if you're splitting your lot in two but you still have to notify everybody. I think the dogs should be. Mayor Chmiel: Would you like to make that as part of your motion Tom? ' Councilman Workman: Yes. Councilman Johnson: I'll make that part of my second then. Councilman Workman moved, Councilman Johnson seconded to table action on the kennel permit application for Phil Mathiowetz until the applicant could be present. Also, to direct the Public Safety Commission to reviewing the licensing ordinance to include the provision of notification of neighbors and to notify the neighbors in this situation. All voted in favor and the motion carried. Jim Chaffee: Al, could you get the ICR numbers to Scott here so we can investigate that please? Al Krueger: I only have one at this point. When you wake up in the middle of the night... DISCUSSION OF PRELIMINARY PLAT FOR GREAT PLAINS GOLF ESTATES, TH 101 AND PIONEER TRAIL, DON HALLA. Jo Ann Olsen: The applicant received an extension for his preliminary plat which expires July 10th of this year. He did receive preliminary plat approval for 37 single family lots. He came in under the old ordinance where it was just 2 1/2 acre minimum lot size and there was no 1 unit per 10 acre density requirement as there is now. The applicant has stated that he will only be platting 3 of the 37 lots and the rest will be outlots which he can maintain his nursery. The plat is valid for 2 years so when he would come in in the future to plat those outlots, the 1 unit per 10 acre density could be enforced and we just wanted the City Council to determine at this time whether or not they would feel that the old regulations would still apply or whether or not Mr. Halla would have to meet whatever requirements are in effect at that time. We just felt a little uncomfortable with these 3 lots being platted. Councilman Johnson: I'm not sure how familiar you all are with what happened here about 3 years ago. With the Lake Ann Interceptor project, the Met Council forced basically by contract said if you want this interceptor through your 42 .1 � I r'" �t:ti ATBA A "LANDSCAPE , CONTRACTORS, GROWERS" A i A `L P A ' 7 s_ � `� _ , �x°7_- O MAILING ADDRESS 100ffa Great Plains Blvd. Chaska, Minnesota 55318 I 100 Acre Growing Range - 3 Miles South of Chanhassen on HWY 101 (612) 445-6555 IMay 17, 1989 II City of Chanhassen 690 Coulter Drive P.O. Box 147 IIChanhassen, MN 55317 Attn: Jan Olson I Dear Ms Olson, Today you requested I send you a list as to the approximate time or phasing as conceived for the development of Great Plains Golf I Estates. The approximate phasing would be as follows: Phase 1: Block 1, Lots 14, 15 & 16 would be completed within one year of the final plot approval date. II Phase 2: Block 2, Lot 3,4,5,6; Block 3, lot 9,10,11,12,& 13, this phase would be done in approximately 5-10 years after the sale of the lots in phase 1. II Phase 3: Block 3, lots 1,2,3,4,5,6,& 8, Block 2 lot 1,2,& 3 to be plotted within 5-10 years of completion of the sale of phase 2. II Phase 4: Block 1, lots 1,2,3,4,5,6, & 7 to be done within 5 years of completion of the sale of Phase 3. Phase 5: Block 1 , lots 12,13,17 & 18 to be completed Iwithin 5 years of the final sale of the lots in phase 4. Phase 6: Block lot 8,9,10, & 11 to be completed within years of the final sale of lots in phase 5. IS Thanking you for your cooperation and consideration and hoping this meets satisfactorily with everyone's approval. 1 . . . remain sincereL7 yours, II �- - Donald E. Halla, President Halla Nursery, Inc. II I "TIIE PLACE TO CO FOR PLANTS THAT CROP["' YOUR "NATIONAL LANDSCAPE AWARD"WINNING NURSERY FOR DESIGNING & PLANTING I -14t t'-;-,SHADE 4TREES-! EVERGREENS FL•WERING CRABS • FRUIT RE S,• LOWE t SHRU • ► t E � , + "'4".117"""'"'■ -:.) -x 1:'44ANDSCAPE • r o,Y 4 SA + tt a.t. if 7 r r'[h�'xrr F t ! '1