8d. HSZ development, Public Hearing ,-
e-,
I
1.6-1- C ITY OF P.C. DATE:
I r 4 - CHANHASSEN C.C. DATE: April 25, 1988
Y - CASE NO: 88-3 Vacation
--.....\,.- ..
I ' ' Prepared by: Dacy/v
I STAFF REPORT
I
IPROPOSAL: Request to Vacate a Portion of 64th Street
F-
I 4i
LOCATION: 64th Street, south and west of TH 7 and TH 41
04( APPLICANT: HSZ Development Don Shafer
123 North 3rd Street, #808 Barrientos Engineering
I Minneapolis , MN 55401 123 North 3rd St. , #801
MinnP,Apnliq . MN 55401
I I
PRESENT ZONING:
it:In by 1A1 :','•4Hztrcr
IACREAGE:
DENSITY:
111 ADJACENT ZONING
AND LAND USE: N-
I S-
atli
I lg . E-
W-
I1±. WATER AND SEWER: Municipal lines exist within the street
...... right-of-way
IPHYSICAL CHARAC. :
I2000 LAND USE PLAN:
I
HSZ Development - Vacation
April 25, 1988 tN
Page 2 I
REFERRAL AGENCIES
Minnegasco Attachment #1 '
City Engineer Attachment #2 '
BACKGROUND
The 64th Street right-of-way was originally platted as part of ,
Bardwell Acres in 1907. At that time, 32 feet was platted for a
right-of-way. Since that time, an additional 18 feet has been
gained by easement (9 feet on the north side and 9 feet on the
south side) to achieve a 50 foot right-of-way.
The Maple Lane right-of-way was vacated by the City Council on
June 2, 1986.
ANALYSIS
The primary purpose of the vacation request is to permit the HSZ
development to have a full movement intersection into the commer-
cial center approximately 635 feet south of TH 7 . The prelimi-
nary plat application was conditioned upon approval of this
vacation request and resolution of the realignment of 64th
Street. The staff update in the preliminary plat item discussed
the street options to be considered by the Council . All four
options would require partial vacation of 64th Street.
Despite the options, the following needs to be accomplished if
the vacation request is approved:
1 . Reservation of a 50 foot drainage and utility easement to
provide public access to the existing water, sewer, and gas
mains as well as to the proposed storm sewer improvements in
this area.
2 . Relocation of an existing driveway for 2441 64th Street. It
would be recommended that the applicant be responsible for
these costs . Further, determination of a new driveway loca-
tion
point would have to be approved by MnDOT.
3 . Submission of a restoration and reconstruction plan of 64th
Street from Oriole Lane to TH 41 including grading and street
construction details.
As stated in the staff update for the preliminary plat report,
staff maintains its recommendation that the Council require that
64th Street be realigned through the Reed property and connect to
TH 41 prior to building permits being issued for the commercial
site. This would be accomplished either by Option #1 or Option
#2 or some other option that would provide a street connection.
If the Council choses Option #3 ( the creation of a cul-de-sac at
the immediate southwest corner of the subject property) , ,
I
I r ' HSZ Development Vacation
April 25, 1988
Page 3
' additional steps will need to be undertaken by the developer in
order for the city to acquire the necessary right-of-way for the
cul-de-sac:
' 1 . Typical city requirements are for 100 foot diameter cul-de-
sac. A 50 foot right-of-way exists and additional area would
' have to be acquired by the developers to construct the cul-
de-sac. Although the city would acquire the additional land
and right-of-way from the abutting property owners, the
developer should be responsible for those costs .
' 2 . Submission of a restoration and reconstruction plan.
' 3 . The costs referred to in the above items should be included
in the amount of the letter of credit that is submitted as
part of the development contract. If the city would have to
go through condemnation for the additional land area for the
' cul-de-sac, the developers would also be held responsible for
appraisal and legal fees.
' Option 4 necessitates the items on page 2 to be accomplished.
Other issues would be addressed during preliminary plat review of
the Reed property.
' RECOMMENDATION
Staff recommends that a partial vacation of 64th Street is
' warranted if 64th Street is realigned to another point south
intersecting TH 41. Staff maintains its original recommendation
that is contained in the preliminary plat report. Should the
Council approve the vacation request, the following motion is
suggested:
' "The City Council approves of Street Vacation Request #88-3 for a
partial vacation of 64th Street subject to the following items
being executed prior to filing the resolution to vacate 64th
Street:
1 . Approval of a final plat, execution of a development contract
and filing of a letter of credit assuring the construction of
' a realigned 64th Street to TH 41.
2 . Submission of a restoration and reconstruction plan including
grading, utility and street construction details and other
items as may be required by the Engineer' s Office.
3 . If Option #3 is chosen, the letter of credit shall include
fees as required by appraisers or attorneys to complete
acquisition of the extra right-of-way for the cul-de-sac or
condemnation proceedings.
' 4 . Reservation of a 50 foot utility and drainage easement.
r
I
HSZ Development Vacation N '
April 25, 1988
Page 4
5 . Relocation of the driveway on 2441 64th Street including any
approvals needed from MnDOT. Driveway relocation expenses
shall be paid by the developer. ,
6 . The applicant shall be responsible for all costs incurred
with constrution of new 64th Street.
7 . Realigned 64th Street ( if connected to TH 41) shall be
constructed prior to filing of the resolution vacating 64th
Street.
ATTACHMENTS
1 . Letter from Minnegasco dated March 3 , 1988. '
2 . Memo from Larry Brown dated April 21, 1988.
3 . Detailed location map showing existing water and sewer lines .
4 . Letter from Evan Green dated April 7, 1988. i
1
1
r
I
I
1 j,qinnegasco
A Company of Diversified Energies, Inc.
1 -
March 3, 1988
Ms. Barbara Dacy
City Planner
' 690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Dear Ms. Dacy:
' Attached are the plans for HSZ Development showing the location of our existing
gas main in that portion of 64th Street West proposed to be vacated.
Since this gas main is an important part of our distribution system, we must
' object to this proposed vacation unless suitable easement rights are reserved
Minnegasco, Inc. over the South 1/2 of 64th Street West proposed to be vacated,
pursuant to MSA 160.29.
If the petitioner wishes to have the line relocated, Minnegasco will require
reimbursement to cover the costs. Please contact Rick Pilon, Supervising Engi-
neer, at 342-5426 if relocation is required.
I appreciate your advance notice, and please keep me informed on this matter.
' Sincerely,
",„
Steven Von Bargen
Real Estate Specialist
Minnegasco, Inc.
/lh
Attach.
cc: Rick Pilon
Dave Henningsgaard
? 4R 7 1988
MY OF CHAINHASSLIV
1
700 West Linden Avenue ' 4 " "//
Minneapolis,MN 55403
1
CITYOF
a
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM 1
TO: Don Ashworth, City Manager
FROM: Gary Warren, City Engineer 1
DATE: April 22, 1988
SUBJ: West 64th Street Vacation
HSZ Development
Planning File No. 88-3 Vacation 1
The issues surrounding the vacation of West 64th Street is the
age old question of the necessity of providing secondary access
to a neighborhood ( see attached map) ; in this case the Oriole and
Orchard Lane neighborhood. It should be clearly understood that
MnDOT will allow only one access connection to Highway 41 within
1,100 feet of Highway 7 (see Attachment #1) . West 64th Street
connection presently exists as that one connection. The HSZ site
plan submitted for City Council review requests elimination of
the West 64th Street connection to Highway 41 in order to allow
them to construct their driveway access connection located
approximately 635 feet south of the Highway 7 intersection cen-
terline.
HSZ has provided four options for City consideration. Options 1
and 2 provide secondary access to the neighborhood while options
3 and 4 each propose a cul-de-sac scenario. In addition to the
Reed property immediately to the south of West 64th Street, there
are approximately 12 properties affected by this issue. As of
the writing of this staff report, only the option 3 cul-de-sac is
within the control of the developer since the other alternatives
require the acquisition of, in some cases, substantial amounts of
right-of-way from the Reed and/or Gowan properties . This would
ultimately force development of these properties unless the
construction costs were assumed in total or significant part, by
HSZ . Option 1 even has cost implications to the City, since it
is abutted by City property all along the west side of the
north/south extension of Oriole Lane.
The most noticeable ramification of the elimination of a West '
64th Street access to Highway 41 is the impact on the neigh-
borhood for southbound Highway 41 travel. Without the Highway 41
connection, residents of Oriole and Orchard Lane will have to use
Highway 7 to achieve Highway 41 southbound ( see traffic diagram) .
I
' Don Ashworth
April 22 , 1988
Page 2
The site plan provided by HSZ , as stated earlier, anticipates the
vacation of the West 64th Street connection to Highway 41. If
the City can go along with the cul-de-sac option proposed in
option 3 , the HSZ development becomes simplified requiring only
the acquisition of a minor amount of right-of-way to accomodate
' the cul-de-sac bubble. The other three options if chosen, espe-
cially options 1 or 2 , will require necessary guarantees in the
form of development contract conditions and financial security
before the City should proceed with any vacation requests for
' West 64th Street. These assurances obviously will require HSZ to
come to terms with the Reed and/or Gowan properties to make them
accomplishable.
' From the access standpoint, it is the position of this office
that secondary access would be "desirable" and option 2 would be
the most attractive scenario due to its ability to service the
adjoining properties as well as providing a more equitable cost
sharing of improvement costs. Neighborhood input and the develo-
pers discussion obviously needs to be heard on this issue.
It might be helpful to keep in mind when reviewing this request
that this consideration is perhaps reversed from that which is
' normally encountered in the planning process in that normally we
are on the other side of the issue fighting to have easements
dedicated for future use when properties develop. In this case,
we already have an access point, however, I fully anticipate that
if the Council chooses to vacate and cul-de-sac, that it would be
with the understanding that at such time as the Reed and Gowan
properties are proposed for development that we would be
' requiring the West 64th Street connection to ultimately be made
through these properties.
' I anticipate considerable discussion of this item at Monday
night' s meeting since it is impossible to address all of the
issues in a staff report of this nature. In either case, actual
vacancy of West 64th Street should not be undertaken until the
City has the appropriate assurances in the form of a developers
agreement and financial guarantees to accomplish the required
tasks .
' Attachments
' 1 . Letter from MnDOT dated April 7 , 1988
2 . Options 1 through 4 ( see Planning Report)
3 . Traffic Diagram
4 . Aerial Map
004EsoT4 Minnesota
,
a
* yo Department of Transportation
- r < District 5
F �Qe 2055 No. Lilac Drive
OF Tap Golden Valley, Minnesota 55422 ,
April 7, 1988 (612)593-8537
Barbara Dacy, City Planner
City of Chanhassen
Community Development Department
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
Dear Barb,
I am in receipt of the proposed HSZ development for our review. As you
know, several different plans for this location have been reviewed by us
before. This plan is essentially the same except that a full access is
suggested on T.H. 41. Also, as a part of this plan, the developer has
proposed to relocate 64th Street and eliminate several driveways along
the west side of T.H. 41.
In general, our comments are the same as before with the following addi-
tional
continents:
- Access to T.H. 41 would be limited to a single driveway located
approximately 635'+ south of T.H. 7. A southbound right turn lane
and a bypass lane would need to be constructed for this inter-
section.
- West 64th Street would be closed at T.H. 41 and relocated to the
south. All other access points on the west side of T.H. 41 between ,
the proposed entrance to the development and approximately 1100'
south would be closed.
- The existing access point in the NE corner of the proposed develop- ,
ment must be closed.
- A right turn off of T.H. 7 would be allowed between Oriole and T.H. ,
41.
Details of the proposed entrances and access changes will be worked out as
a part of the permit process. Permits must be applied for and approved
before any construction may begin within the highway right-of-way.
Sincerely, ,
Evan R. Green '
Project Manager APR 0
b 1988
E CI I Y OF
ERG:p1
An Equal Opportunity Employer
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Minnesota
• 4 yO_ Department of Transportation
m ta District 5
- 43 2055 No. Lilac Drive
OF TRP' Golden Valley, Minnesota 55422
• April 7, 1988 (612)593 8537
Barbara Dacy, City Planner
City of Chanhassen
Community Development Department
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
Dear Barb,
I am in receipt of the proposed HSZ development for our review. As you
know, several different plans for this location have been reviewed by us
before. This plan is essentially the same except that a full access is
suggested on T.H. 41. Also, as a part of this plan, the developer has
proposed to relocate 64th Street and eliminate several driveways along
the west side of T.H. 41.
In general, our comments are the same as before with the following addi-
tional
comments:
- Access to T.H. 41 would be limited to a single driveway located
approximately 635'+ south of T.H. 7. A southbound right turn lane
and a bypass lane would need to be constructed for this inter-
section.
- West 64th Street would be closed at T.H. 41 and relocated to the
south. All other access points on the west side of T.H. 41 between
the proposed entrance to the development and approximately 1100'
south would be closed.
- The existing access point in the NE corner of the proposed develop- 11
went must be closed.
- A right turn off of T.H. 7 would be allowed between Oriole and T.H. '
41.
Details of the proposed entrances and access changes will be worked out as
a part of the permit process. Permits must be applied for and approved
before any construction may begin within the highway right-of-way.
Sincerely,
Evan R. Green
Project Manager APR 0 g 1988
ERG:p1
Cl)Y OF C,�ANr.,%.,:,c.N I
An Equal Opportunity Employer
i