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9. Preliminary Plate for Great Plains Golf Estates 1 1 ,:..„: clic OF , :__, AN EN I ,-.(2. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 . ..4':;i'_ t -\''>'-\''>' (612) 937-1900 .....:, ,,., r tl:mstrr4or �i _x_.2'!2 IMEMORANDUM TO: Don Ashworth, City Manager i_ eT r IFROM: Jo Ann Olsen, Asst. City Planner I DATE: April 18 , 1989 4.f- -)-(cam J__s SUBJ: Discussion on Final Plat for Great Plains Golf Estates IOn 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 ' 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 Iof 2z acres. The applicant, Don Halla, is prepared to apply for final plat I 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 ( 21 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 I 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 I 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 applicants have moved forward with the development of the sub- ' division sites ( i .e. Lake Riley Woods North and South, Crimson Bay, Timberwood Estates) . I I Mr. Don Ashworth April 18 , 1989 Page 2 Recommendation The City Council should determine one of the following: ' 1 . That the applicant should 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. 1 1 1.16? City Council :meeting - March 28, 1988 1 II 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 IRec 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 I 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 IIbut 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 I page that there was considerable discussion. We didn't get the Minutes and we're really working in the dark here. ICouncilman 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. II CONSENT AGENDA: (E) REQUEST FOR EXTENSION FOR FINAL PLAT APPROVAL, GREAT 11- GOLF ESTATES. Councilman Horn: M y 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 Ito 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. I 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 Iopinion on that. Councilman 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 I 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? IICouncilman 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 IIand 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. IJo Ann Olsen: Sever, that's one tabled but that's with TH 212 property. Mayor Hamilton: That was legitimate. 1 4 ml 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 " Lq� iSCAPEONIRAcIORS, GROWERS,, INC. S �° 9Grr•VE�`` 10,000 Great Plains Blvd., Chaska, Minnesota 55318 ` ' ` A 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. ' ' scerely yours, , /// Don E. Halla APR 18 1989 C9T+ „t U ANFASSEN K ' "THE PLACE TO GO FOR PLANTS THAT GROW" YOUR "NATIONAL LANDSCAPE AWARD" WINNING NURSERY FOR DESIGNING & PLANTING I SHADE TREES • EVERGREENS • FLOWERING CRABS • FRUIT TREES • FLOWERING SHRUBS • HEDGING •p,GROUND COVERS S. ERTI IZE ••Q��'4M.�i�r'S titi"y...e•'/�. �d:7Tx, ; '�� LANDSCAPE CONSULTATION • INSECTICIDES • PRUNING ■ LARGE TREE M OVING �ti; ISIi , IfitS ESIG NG z. VIII■ . 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 I.