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6. Approve agreement with City of Shorewood to provide utility service for subdivision 1 6 CITYOF ---�- ‘‘ C I1ANIIASSEN 1 r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �r (612) 937 -1900 • FAX (612) 937 -5739 "% Mill N CI'y 1r -nrrt!s`,- to MEMORANDUM 1 TO: Don Ashworth, City Manager Dett ;�- J z:.4 :� 1 FROM: Paul Krauss, Planning Director - Gounc, 12 i DATE: December 8, 1992 I SUBJ: Proposed Agreement with the City of Shorewood to Provide Utility Service for a Residential Subdivision Located North of Koehnen Circle 1 BACKGROUND 1 In December of 1987, the City Council approved a request from Mr. John Sayer to serve three residential lots located in Shorewood with utility service from the City of Chanhassen. Due to local topographic constraints and the location of the sewer service in Shorewood, it was not 1 feasible to construct utilities from that community. Additionally, access to these 3 lots was to be gained by a shared private driveway to Koehnen Circle which is a public street lying entirely within the City of Chanhassen. At that time, water service was not an issue and many lots in I Shorewood continue to be served by private wells. An agreement was drafted and was signed and endorsed by both the Cities of Chanhassen and Shorewood as well as the developer. 1 Ownership of this property has changed and no development has yet been undertaken. After a brief review of the signed agreement, the City Attorney has indicated a belief that it is probably i still valid. PROPOSAL /SUMMARY 1 In recent months, staff has had conversations with Jeff Williams of J. Scotty Builders, Inc. Mr. Williams has obtained possession of the property and developed a proposal for a revised I subdivision. Under the current scenario, a total of 5 lots would be allowed under this subdivision. The lots would be served by a new public street which would connect to Koehnen Circle along the same route as the original proposed private drive. As before, sewer service from I Chanhassen is being requested. Additionally, water service is being requested, although the City of Shorewood staff maintains that it is still possible to serve these homes by private wells if so desired. Our Engineering Department has reviewed the request and found that we have sufficient 1 capacity to accommodate the water and sewer service being considered. 1 ., ti PRINTED ON RECYCLED PAPER 1 Don Ashworth December 8, 1992 ' Page 2 Staff raised a number of concerns with this proposal including the need to reinform neighbors on Koehnen Circle of the 'proposal, potential of annexation of the subdivision into the City of Chanhassen, ability to provide services and coordinate maintenance of streets and utilities, drainage issues, taxation issues and methods of meeting increased recreational demand. As a result, a meeting was set up between Chanhassen staff, Shorewood staff and the developer. ' Shorewood was represented by Brad Nielsen, the City Planner, and Jim Hurm, the City Manager. Chanhassen staff initially entered the meeting with the position that if we are going to be asked to provide access and services, then annexation into our community should be considered. ' Shorewood raised significant objections to this believing that it would never be approved by their City Council. It was also pointed out that at some point in the future, it may be possible to serve this property through Shorewood although that is by no means clear. We also discussed a number of instances where development in Chanhassen is served in part by parks, streets, and/or utilities that are located in Shorewood and that to handle this proposal in a different manner seemed inappropriate. Shorewood staff indicated that Mr. Williams' plat is pending before their Planning Commission and City Council but they believe that it would be approved as it met their standards for development. The lots range in size from 24,100 square feet up to 54,700 square feet, each of which is significantly larger than normal Chanhassen minimums. In light of the history of this proposal, we then discussed the outlines of an agreement which we ' could then bring back to our respective councils for authorization. The agreement would include the following: 1 1. Sewer and water services would be provided and maintained through the City of Chanhassen and Chanhassen would directly bill the Shorewood residents for the services. The City of Shorewood would have to agree to certify the assessments against property taxes in the normal manner should any of the property owners fail to keep their bills current. The developer will be responsible for construction of all utility lines in accordance with the city's latest edition of Standard Construction Specifications. The plans and specifications shall be reviewed and approved b y the City of Chanhassen. The developer shall enter into a developer contract with the City of Chanhassen and provide the financial security necessary to guarantee installation of the improvements. The 1 developer will also be responsible for all truck and connection charges at time of sewer and water permit application from the City of Chanhassen. 1 2. The site drains south into Chanhassen. Each of the homes will be charged a Surface Water Utility Fee which would be attached to their water and sewer bills. Additionally, ' based upon the plans that have been submitted, it does not appear that the developer is providing sufficient on -site ponding to meet city standards for water volume or quality. The applicant's engineer needs to provide plans to the city for approval; however, it was agreed that a charge would be established to ensure that this development pays the entire cost of any downstream improvements that would be required to accommodate water 1 1 1 Don Ashworth 1 December 8, 1992 Page 3 1 volume and quality needs. No development will be allowed to occur until this issue is resolved to the satisfaction of the City of Chanhassen. 1 3. The City of Chanhassen would not seek to establish a park dedication fee in light of the fact that there are several subdivisions in Chanhassen which regularly utilize Shorewood facilities since these are the nearest to their homes. 4. The new street would be built in a manner consistent with Chanhassen street standards. A development agreement would need to be enteredsinto between the developer, City of Shorewood and the City of Chanhassen covering all aspects of street and utility construction as well as drainage improvements. 1 5. Public safety emergency services for the subdivision would continue to be provided by the City of Shorewood. 1 6. Each of the lots in Shorewood shall be considered as benefitting from and be subject to all assessments for local improvements which may be made to Koehnen Circle in the future. Koehnen Circle is not built to current city standards and will probably need to be reconstructed at some point in the future. By so doing, the costs of improvement will be spread over a larger number of homes, thus reducing direct cost to Chanhassen residents. 1 7. The City of Shorewood agrees to assume responsibility for plowing Koehnen Circle and the new street. 8. Chanhassen would continue to maintain Koehnen Circle and the new utilities serving the proposed plat. The City of Shorewood would maintain the street in Shorewood. We believe that this proposed agreement is consistent with prior agreements and understandings as well as past actions concerning developments along common boundary. We believe it represents a fair division of responsibilities and actually represents some minor positive financial impact for both Chanhassen, and ultimately for Chanhassen residents along Koehnen Circle. We felt it was important to notify the residents on Koehnen Circle of this proposed agreement. Since this subdivision is going to be approved by the City of Shorewood, this would be the only opportunity our residents have to react in front of our Council. As indicated above, an agreement of this nature has been in effect for five years. We do not believe this represents a significant departure from it. However, it is an increase in intensity of development from 3 to 5 home sites and we felt our residents should be made aware and given an opportunity to comment. STAFF RECOMMENDATION Staff recommends that the City Council authorize entering into an agreement with the City of tY g Sr' Shorewood and the developer to provide utilities and access in a manner consistent with the • 1 1 1 Don Ashworth December 8, 1992 I Page 4 guidelines outlined above. Upon approval by the Council, the City Attorney will draft the I agreement for appropriate signatures. The developer shall be required to enter into a development contract with the City of Chanhassen concerning public improvements. Resolution of matters dealing with storm drainage shall be resolved to the satisfaction of the City of 1 Chanhassen prior to the issuance of any building permits in the proposed subdivision. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 November 30, 1992 CITY OF C A b3SE DEC 011992 City of Chanhassen 690 Coulter Drive EN(INEE M D P . P.O. Box 147 • Chanhassen, MN 55317 Attn: Don Ashworth Dave Hempel Paul Krauss ✓ 1 Re: Meeting on November 17, 1992 between the City of Chanhassen, City , of Shorewood and Jeff Williams along with his representatives: Rick Sathre, Al and Brian Klingelhutz. ' I would like to express my appreciation to both cities for their efforts in trying to make this development work for all parties involved. First, I would like to recap what was said in our meeting: 1. The City of Chanhassen and the City of Shorewood would work out a joint agreement for road maintenance, plowing, sweeping and general road repair. 2. J. Scotty Builders, the developer, 1s to notify the home owners on Koehnen Circle of the proposed five lot development. (See enclosed letter dated November 30, 1992.) 3. The City of Chanhassen will require the proposed development to 1 go in front of the City Council on December 14, 1992. It is my understanding that Don Ashworth will be putting this on the 1 agenda for that meeting. 4. The engineering staff of Chanhassen is in agreement that the ' sewer line has the capacity for the five lots, and they would be in favor of allowing the five sewer and water hook -ups. 5. The City of Chanhassen will require a possible sur-charge on water run off if adequate ponding is not possible. 6. The City of Chanhassen will not charge a park and recreation fee. 1 1 7. The City of Shorewood wants to wait until after the December 14 City Council meeting to start the process for preliminary plat approval. P ersuant to our agreement, I have contacted each home owner b Y pho Circle. Each of the nine home owners, which were contacted little or no opposition to the five lot development. a evening that n of November 1 hat expressed some concerns were met with on the 9 23. After the meeting they felt comfortable that they would not be ' However, they want to be assured by the City re s onsible for any development costs such as, hook - up to sewer and p water on Koehnen Circle. It is my understanding, that if and when the City Coue� has to particip in at 1 approves the five lot hook the des w the exception of working out any further planning /zoning meeting the developers agreement. ' The following people have been contacted by J. Scotty Builders: 1 Marian Parker Thomas & Nancy Slower Glen & Pearl Doty 1 Val Wirtz Troy Aderson Charles & Tracy Cool Kent & Lysa Mosher Jeff & Brenda Williams 1 Lance & Judy Ford Thank you your for our time. If there are any additional items or questions about our meeting please feel free to call me at 949 -4909. Thank you again for your support. 1 Sincerely, , Y 1 I `4 1 J- Williams J. Scotty Builders, inc. 1 1 1 . November 30, 1992 1 1 1 Dear , Thank you for taking the time to speak with me on the phone Monday, November regarding 9 tuber 23 ardin the proposed five lot development on the north side of Koehnen Circle. I appreciate the support you have shown me in this matter. I wanted to follow up with this letter to confirm our discussion. ' Also, I would like to make sure that I was clear in explaining that the lots will be located in Shorewood and not within the boundries of Chanhassen. 1 Therefore, there will be no formal notification from the City of Chanhassen. However, on December 14 there will be a City Council meeting at Chanhassen City Hall regarding this development. ' One of the concerns mentioned was that there might be a charge to property owners living on Koehnen Circle for the 5 lot development. For example, upgrading the existing road or hook -up of sewer and water to the street. I reconfirmed with the City of Chanhassen on November 24 that this development will have no charges to the current residents living on 1 Koehnen Circle. From our discussions, it seems as though no one is opposed to the 1 five lot development. However, if you have any further comments, questions or concerns feel free to call me at home or I would be happy to ■ stop by (I only live a couple blocks away in Pheasant Hills) to discuss your ■ concerns. Thank you again for your time and support. Sincerely, , Jeff Willtams 1 J. Scotty Builders, Inc. 474 -0307 1 • , II 4 ,r e CITY OF SHORE WOOD II CQVIBINATICN AND SUBDIVISIO DEVELORVIENT AClfiEilVEIsTr JOHN E. SAYER PROPERTY THIS AGREEMENT, made this Qj ) day of ,LL/mb,j, 1987, by I and between the CITY OF SHO EWOOD, a Minnesota municipal corporation, hereinafter referred to as "Shorewood ", JOHN E. SAYER and CAIOLE A. SAYER, hereinafter referred to as "Developer ", and the CITY OF QHANHASSEN, 11 hereinafter referred to as "Chanhassen ". INHEREAS, the Developer is the owner of certain lands described in Exhibit 1 attached hereto and made a part hereof, which lands are 11 hereinafter referred to as the "Subject Property "; and HHEREAS, the Developer has made application under the Subdivision I provisions of the Shorewood City Code for approval of a combination and subdivision of said land to form Parcels A and B, described in Exhibits 2 and 3 attached hereto and made a part hereof; and L approval of the proposed combination and subdivision by Shorewood will result in Parcel A having no direct access to a public street within the City of Shorewood and no direct access to a sewer line II within the City of Shorewood; and tHEREAS, Chanhassen has agreed to permit a private driveway I access from Parcel A to Koehnen Circle and to permit Parcel A to connect with Chanhassen sewer lines, all subject to certain terms and conditions. II NOW, THEREPCRE, in consideration of the foregoing premises and approval by Shorewood of the proposed combination and subdivison, , the Developer, and Chanhassen agree as follows: '' 1. Any further division of the Subject Property shall be accomplished by formal plat. II 2. Any further division of Parcel A shall be limited to 3 lots. 3. Parcel A shall have access to Koehnen Circle by a private driveway to be maintained by the property owners within Parcel A. 1 4. Parcel A may receive sewer service from Chanhassen, subject to the conditions herein, and Developer hereby waives any right it may 1 have, now or in the future, to receive any sewer service from Shorewood for the benefit of Parcel A. II II 111•-- -".-.. _ .. _ _ _ — _ f 5. Prior to construction of the sewer line connecting with Chanhassen sewer line, Developer shall furnish Chanhassen with the following items: a. Copies of executed easements for road and utility purposes. b. A detailed plan of the proposed construction in accordance with plans and specifications approved by the Chanhassen City Engineer. 11 c. A letter of credit in the amount of 110% of the cost of • construction of the sewer line. 6. Developer shall be responsible for all construction costs and the continuing maintenance of the sewer line connecting with the Chanhassen sewer line. Develop shall be responsible for costs of inspection, trunk charges, user charges, and all other charges and fees ' which are normally associated with sewer service provided by Chanhassen. 7. Parcel A and any future subdivision thereof, shall be considered as benefiting from, and be subject to, all assessments for local improvements which may be made to Koehnen Circle by the City of Chanhassen. 8. Public safety and emergency services for the Subject Property ' will continue to be provided by Shorewood. 9. Developer shall furnish Shorewood with evidence satisfactory ' to Shorewood that it holds fee title to the Subject Property. 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, legal representatives, successors and assigns. 1 r 1 1 1 1 • . I IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. 1 CITY OF QIANHASSEN ! CITY OF S1U1ESPtXD 1 < :7,,,„,,,., t/ l i�� 1 Mayor Robert Rascop, Mayor _ . :,,.5C ATTEST: II City Manager / ./1 , SAM , ._if , / / 1 _ Sandra L. Kennel y, ty Clerk DEVELO• m 1 , f E. Sayer / aft6_L. O. 5 1 Carole A. Sayer 1 1 1 • 1 1 1 1 1 Y II STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) II On this day of 11O \Fmb l , 1987, before me, a Notary II Public within and or said County, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and II Caty Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrument to be the free act and II • • • SUSAN A. CCU .1 t' 1 1, NOTARY PUBLIC • MIt NESOIA ■ & 1 . 1 _ Ii HCQUNTY 1 fM Commiulen ENNEPIN E :oira Miu. 6, 1990 N.tary Public MITYMYYTIVYMWMYYMITYVVYWA STATE OF MINNESOTA) II ) ss QXJNIY OF CARVER. ) On this 05 day of / 14'. , 1987, before me, a Notary 1 Public within and for said County, personally appeared 0e- atc,, and ,' i,we -W., , to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor II and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said, ,, ,f iii.r,,,ie-,,, and , r- . acknowledged said instrument to be the free act and deed of said corporation. II Not ry 1 c 1 STATE OF MINNESOTA ) . N OTAR Y N P UBLIC • M` NESOT '` - CARVER COUNTY ) SS ` „ My commission &xpire) 10.1681 COUNTY OF IPIN ) On thisa3h day of tdale nbtR , 1987, before me, within and for said County, personally appeared John E. Sayer and Carole A. Sayer, who 1 executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. 1 s usAN A. Nlccuti Il,�ll q NOT ARY PUBLIC •MINN H ENNEPIN COUNTY No a ry Public � my Commission EzpIns Msr. 6, 1990 1 1 That part of Lot 121, Auditor's Subdivision No. 120, described as: Commencing at a txOint in the east line of Lot 124, Atxlitor's Subdivision No. 121) distant 860 feet north of the southeast corner thereof; thence South 83 degrees, 18 minutes West a distance of ' 336 feet to the actual point of beginning; thence North 83 degrees, 18 minutes Cast to Um east 1 ine of said Lot 124; thence north along the east line of Lot. 124 to the northeast corner thereof; thence west. along the north line of Lot 124 to a point 66 feet east. of the northwest corner of said Lot 124; theme south 87 ..feet.; thence it 66 feet to the west line of Lot 124; thence South along the west line. thereof 105 feet.; thence South 82 degrees, West 77.2 feet; thence south along the west line of Lot 12.1 a distance of 108.8 fret thereof; thence deflecting left 122 degrees a distance of 43 feet.; thence deflecting right 19 degrees . a dist:in a of 66 feet, more. or less, to the intersection with a line drown south from the point of beginning; thence north along said line to point of beginning. ALSO 1 ' • That. part. of Lot 124, Auditor's Subdivision No. 120, described as: • 1 Seginning at a point on the south line of said Lot., 180 feet east or the southwest corner thereof; thence. east 228 feet to the southeast corner of said Lot.; thence deflecting to the left 90 degrees 29 minutes 27 seconds, northerly, along the east line of said tot, a distance of 860 feet; thence deflecting to the left 95 degrees 38 minutes 26 seconds westerly, a distance of 336 feet; thence deflecting to the left 85 degrees 07 minutes 10 seconds southerly, a distance or 98 feet; thence deflecting to the left 25 degrees 45 minutes 58 seconds southeasterly, a distance of 69 feet, thence deflecting to the right 25 degrees 25 minutes 34 • seconds southerly, a distance of 122 feet; thence deflecting to the left 86 degrees 15 minutes 30 seconds easterly, a distance of 72 feet; thence deflecting to the right 87 degrees 21 minutes 29 seconds southerly, a distance of 540 feet to the point of beginning. ALSO 1 That pert of hot 124, Auditor's Sulxiivision No. 120, described as: ' The west 180 feet of the south 465 feet of said Lot. 124, Auditor's Subdivision No. 120. • 1 1 1 • e)(1 /r PARCEL A - • • • 71re south 540.00 fetet of that part of Lut 124, Auditor's Subdivision No. II 120, described as follows: II &•ginning at n point an the south lint of mid L,l., of the southwest corner thereof; 100 feet. ennt tcof• thence cant. 220 feet to the souti►enst. corner of scald Lot.; thence deflecting to the left 9U degrees 29 minutes 27 Rer!(nxis, northerly, n long the east. line of said NA, a distance of 850 feet; thence deflecting to the left 95 II degrees :)Et minutes 25 seconds Wen t, r l y, a distance. of 336 feet.; thence deflecting to the left 05 iIr,gr•een 07 minuten 10 seconds noul.herly, a distance of 90 feet.; thence deflecting to the to 25 II rt degrees 45 minuf -rn 58 serarxtq nrrut.hertytet•i ,� feet; thence dr.flec�tJre. Y. n di.etterx_e. of 3 4 g to hr. right 25 degrees 25 minutes 34 II seconds southerly, a diaintece of 122 fret; theism deflecting to the left 81; degrees 15 minutes 30 ser(-rrnrin easterly, 72 feet; thence deflecting to the right. 87 degrees a dlsetutte 2 seconds southerly, a distance of 540 feet to t minutes or r t�s o c'girening • ALSO Ex�i 11 lr • That part of Lot 124, Auditor's Sulxlivinion Nu. 120, described an: II • The weer 181) feet: of the south 465 feet of said bat 124, Auditor's II Sulxliviaion No. 12U. 11 II 1 . II 1 1 . 1 • II • X /#IBIJ x 1 ir PARCEL 11 I -,, that part of Lot 124, Auditor's Subdivision No. 120, described as: I; Commencing at a point in the east line of Lot 124, Auditor's I Subdivision No. 120 distant 860 feet north of the southeast corner thereof; thence South 83 degrees, 18 minutes West a distance of 336 feet to the actual point of beginning; thence North 83 degrees, 18 minutes East to the east line of said Lot 124; thence I north along the east line of Lot 124 to the northeast corner thereof; thence west, along the north line of Lot 124 to a point 86 feet eat or the northwest, corner of snid Lot 124; thence south 87 II 'feet; thence what. 66 feet to the west line of Lot 124; thence south along the west line thereof 105 feet; thence South 82 degrees, West 77.2 feet; thence south along the west line of Lot 12.1 a distance or 108.8 feet thereof; theme deflecting left 122 degrees a distnnoe or 43 feet; thence deflecting right 19 degrees n distance of 66 feet, morn . or leas, to the intersection with a line drawn south from the point of beginning; thence north along said line to point of beginning. ALSO 1 I that part of Lot 124, Auditor's Subdivision No. 120, described as: R* at a point on the south line of said 1.,ot., 180 feet east or the southwest corner thereof; thence, east 228 feet to the I southeast corner of Raid Lot; thence deflecting to the left 90 degrees 29 minutes 27 seconds, northerly, n the east line of said Lot, a distance of 860 feet; thence deflecting to the left 95 I degrees 38 minutes 26 seconds westerly, a distance or 336 feet; thence deflecting to the left 85 degrees 07 minutes 10 seconds southerly, a distance of 98 fret; thence deflecting to the left 25 II degrees 45 minutes 58 seconds southeasterly, a distance of 69 feet, thence deflecting to the right 25 degrees 25 minutes 34 seconds southerly, a distance of 122 feet; thence deflecting to the left 86 degrees 15 minutes 30 seconds easterly, a distance of I 72 feet; thence deflecting to the right 87 degrees 21 minutes 29 set:onds southerly, a distance of 540 feet to the point of beginning. which lies north of the south 540.00 feet thereof. II II • • II ,C'xbl) 3 L . 1 v CITY OF �l II , A CHANHASSEN ';1,,.. 11 i w[ " 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II " (612) 937 -1900 II June 7, 1989 II Mr. Kelly Bosworth 24000 Highway 7 Shorewood, MN 55331 Re: , Dear Mr. Bosworth: This letter is in regards to clarification of sanitary sewer and il water availability for your proposed plat within the City of Shorewood. Upon written approval from the City of Shorewood, the II City of Chanhassen would extend sanitary sewer and water service from Koehnen Circle consistent with the conditions set forth in the_Ctty horewood's subdivision development agreement signed by John Sayer November 25, 1987. If I may be of further assistance, please feel free to contact me. II Sincerely, CITY OF CHANHASSEN II AA Cjol G. Warren, P.E. II Ci •1' neer GGW:DCH:ktm ' c: Jo Ann Olsen, Senior Planner II I/ i II • 11 1 CITYOF _ A CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 November 17, 1987 1 Mr. John Sayer 22230 Murray Street Excelsior, MN 55331 Dear Mr. Sayer: ' This is to confirm that the City Council at the November 16, 1987, meeting reconsidered its action of November 2, 1987, on your subdivision request. The Council agreed to permit the negotiation and execution of a development contract to include the following: 1. The 4.7 acre property be limited to 3 lots. 2. The site be served by a private drive to be maintained by the property owners. 111 3. The City of Shorewood would provide public safety and emergency services. 4. Any costs incurred by the extension of Chanhassen utility lines shall be paid to the City of Chanhassen including but not limited to trunk charges and installation costs. A detailed plan shall also be submitted and reviewed by the City Engineer prior to installation. ' Should you need further information, please feel free to contact me. Very truly yo rs, J Barbara Dacy / City Planner • BD :v cc: Brad Nielsen, City of Shorewood 1 t. City Council Meeting - November 16, 1987 1r- Councilman Boyt: I think it has a lot to do with traffic patterns Tom and I would sure like people to establish a normal traffic patter rather than one that's brought on then by the current construction. • Councilman Boyt moved, Councilman Johnson seconded that the blockade on Frontier Trail remain for 2 more weeks or until the downtown has a paved road, whichever is first. Councilman Boyt and Councilman Johnson voted in favor, Councilman Horn and Mayor Hamilton opposed the motion and the motion failed with a tie vote of 2 to 2. 1 Councilman Horn: Can I ask Gary when this will be removed? Gary Warren: I talked with Jerry Schlenk today on it. We were finishing up Bluff Creek Drive. That was the priority that we are dealing with at this point so I would say that by the end of this week -it would be gone. 1 DISCUSS JOHN SAYER SUBDIVISON REQUEST, KOEHNEN CIRCLE. Mayor Hamilton: We had this item on the agenda two weeks ago and apparently 1 the applicant was not duly informed of what was happening or didn't get his mail or something. Barbara Dacy: Right. Staff advised the applicant that this matter should be considered by the Council again. One of the factors was that the applicant did not receive the packet for the November 2nd meeting. Secondly, he has submitted a letter that's included in your packet which staff believes meets the intent at least of Council's action on November 2nd. The applicant is ' proposing to agree to enter into a development contract between himself, the City of Shorewood and Chanhassen that would limit subdivision of the property to no more than 3 lots. That the street serving the lots would be a private drive and would not require maintenance from Chanhassen. That public safety services and emergency services would be provided by the City of Shorewood. Finally, as to utility service to this site, because the sewer along that area from the northern part of Chanhassen does flow into the Shorewood area, adding three units to that utility line would not adversely affect Chanhassen's capacity and the applicant would be responsible however for trunk charges and installation of the utility lines. So based on those factors, staff told Mr. Sayer that Council should look at this matter again and our recommendation is that the Council clarify it's action of November 2nd to permit the negotiation and execution of the development contract to provide for those four items. Mayor Hamilton: As I read through this I thought that's exactly what we had done. I didn't see anything here than what our action was two weeks ago. Is that wrong? Councilman Boyt: That's the way I saw it. 1 Mayor Hamilton: I thought it was exactly what we had talked about and approved. 7 1 234 1 • City Council Meeting - November 16, 1987 1 Councilman Johnson: It's kind of what staff was saying too is that it yng just meets the intent of what you all said last time. Mayor Hamilton: I didn't see anything new or different. Co we need to move on this again? Is everybody happy? 1 John Sayer: I made the request. You just stated that you made this last Council meeting already. Barbara Dacy: Maybe I was in error then. In my letter to the applicant, I interpretted the Council's action to limit development on that one piece as to one home so that's what I represented to the applicant and going to the 1 Shorewood Planning Commission but if the Council agrees... Councilman Boyt: We approved item 3 last time. Option 3 which would basically I think read as Barbara has interpretted. No further resubdivision of the property which would necessitate utilities, street or public safety service. 1 Mayor Hamilton: I guess that's right. Councilman Johnson: This won't. Councilman Boyt: I think what you're proposing makes a problem with this does it? 1 Barbara Dacy: The problem was that you didn't have the assurance from the applicant at that time. I had not spoken to him before the last meeting. Councilman Boyt: Is that how it stands now? Is what you're proposing compatible with Option #3? John Sayer: If, when you say no further redivision, the first addition that I have, I had 10 acres and I drew a line between them and so that's the division of the one so if you took that and then interpretted this that there was no redivision, resubdivision of that one parcel, then I think that's what Barb is interpretting. What we're suggesting is that we be allowed to have the three homes on a private drive. There's about 5 acres back there. What we're saying is yes, there would be no resubdivision of those three lots. Mayor Hamilton: All three of then would be hooked to Chanhassen sewer? ' Barbara Dacy: That would be the only Chanhassen service that would be provided and what staff is saying, that clearly that is the only way to service that as far as sewer is concerned. It would not be an impact. Mayor Hamilton: You're creating about 12 to 15 trips per day down the Koehnen Circle or whatever it is now? Barbara Dacy: Yes. Did you have something else John? John Sayer: No, just is that how it was understood then? 8 _ 1. e 2 35 City Council Meeting - November 16, 1987 1 Mayor Hamilton: I think Bill is correct. I think we said one owner, was Barb's interpretation was and it was one home. Anybody else here from that neighborhood who has comments? Councilman Johnson: Did you approve Option 3 as stated? Councilman Boyt: I believe so. ' Councilman Johnson: Which doesn't say one home. It says further subdivision which necessitates additional utility, street or public safety service. He's getting public safety from Shorewood. Streets are already there. We don't have to put any additional streets in. Do we have to put any additional utilities in other than utilities that are existing? I don't think so. ' Barbara Dacy: So far sewer has been discussed. I believe Shorewood would permit installation of three wells on the property. ' Councilman Johnson: And the sewer's already there. It's not like we have to build sewer for him. He just has to hook up to the existing sewer. I don't see any restrictions. Mayor Hamilton: I suspect that just wasn't made clear. John wasn't here last time. I guess we thought that's what your request was to have one home and the rest was just going to.stay in the ground. John Sayer: I have no plans in the immediate future to do anything but I do think it's wise to keep my options open. As I mentioned in my letter, it would be ideal to find one person interested in buying the property. On the other hand, I think it would be wise to have the option of selling three 1 1/2 acre lots as they are woody in nature, street improvements wouldn't be required. That's all I'm saying. Councilman Johnson: If somebody wanted to further clarify it, we could say additional utilities other than sewer. If you're saying sewer is the only contention on here then he's free to do whatever he wants. Mayor Hamilton: I'm not even contending that. I'm saying he can hook up as long as he pays the sewer bill to Chanhassen. Councilman Boyt: I think that the question here then is the three homes on a private drive. I'm not sure that I saw anything in the information packet that directly addressed three homes on a private drive other than just to say that it was going to be done. Can you give me a little more background? Barbara Dacy: The Shorewood subdivision ordinance does permit the creation of three lots on a private drive. The applicant is not proposing that at this time but is just saying, he wants it as an option if the new buyer for that 5 acre lot could come in and resubdivide it to three lots. The maximum that it could be subdivided to get three lots. (__ Councilman Boyt: What we need to propose then is Option #2 of the options ' that you gave us last time which would allow, leaves the decision as to how 9 1 11 2 1 City Council Meeting - November 16, 1987 the future resubdivision is to be serviced open for the further discussion. . n Is that right? Barbara Dacy: Yes. I think you could interpret that the cover memo for tonight's meeting is really recommending Option 2 that was presented at the last meeting. Councilman Boyt: So we would need a motion to reconsider. Mayor Hamilton: This is actually a separate proposal than what we had approved. Co we need a motion to reconsider? ' Roger Knutson: I don't think it makes too much difference. You could do it that way. That would be fine. A motion to reconsider. That takes a two - thirds vote to pass then you vote on the motion if the motion to reconsider ' passes. That would be appropriate. Mayor Hamilton moved, Councilman Boyt seconded to reconsider the John Sayer subdivision request on Koehnen Circle. All voted in favor except Councilman Johnson who abstained and motion carried. Councilman Boyt: I would think it might be appropriate to put this off for two weeks. Is that going to really delay you if we hold this for two weeks? John Sayer: I'm looking at him. He purchased by previous home and we're ' trying to close and to do that I have to get a clear title. To do that I've got to show the lot division. To do that I have to make sure that it's approved by both councils, Chanhassen and Shorewood so if we could agree tonight... Councilman Boyt: Okay, I understand. ' Councilman Horn: Why would we want to delay? Councilman Boyt: I'm trying to understand the issue a little more clearly ' Clark and this is something that I didn't read the way that I now understand it. When I initially read the packet I thought that what had been asked for was really what we had approved previously and we were simply bringing it up again because Mr. Sayer had not received notice. As I look at it and as it's ' been explained now, this is quite a different situation and it's one that we talked about two weeks ago and decided that we would choose option 3 instead. Now we're going back and saying well, given what we know now maybe 2 makes sense. I'm saying it may make more sense to give this some thought rather than just to bounce from pillar to post. Councilman Horn: As I recall, the only reason that we packed number 3 over numnber 2 was that we felt it was even more restrictive and if the applicant didn't care, which we thought at that point, that's the only thing that's really changed, we would stay with the more restrictive but we have no other ' criteria to decide on 3 over 2 other than that. Now we find out that was a false assumption so I don't know that our discussion needs to be totally made all over again. 10 1 . 237 City Council Meeting - November 16, 1987 Councilman Boyt: So I would gather then that you're speaking in favor of accepting Option 2? Councilman Horn: Yes. John Sayer: I understood that one reason Option 3, it wasn't clear if the City of Chanhassen in fact would be responsible for public safety, emergency vehicles and so forth so at this meeting we brought in that information that in fact the City of Shorewood would be responsible for those things and two, it would be a private drive requiring no city maintenance and I'm not sure that was defined at your last council meeting. Councilman Boyt: Gary, do you know the standards to which this private drive will be built? Gary Warren: Not at this point. , Barbara Dacy: Again, that would be an issue that would be addressed in the development contract and also, the applicant is just seeking the Council's concurrence that this would be agreeable to the "City of Chanhassen. Right now he's just trying to get split approval of the 10 acre piece into two 5 acre parcels. The development agreement would have to come back to Chanhassen for approval and review to make sure that utility costs and utility plans would be provided. f_ Councilman Boyt: This is in Shorewood but we would be deciding on what the development contract would look like? • Barbara Dacy: Right, because it would be a three party agreement. ' Councilman Johnson: Barb, do we allow three houses on a private drive in this part of town? 1 Barbara Dacy: Only in the rural area. Councilman Johnson: Is this the rural area? i Barbara Dacy: No. Councilman Johnson: So this would require a variance from us in order to install a private drive in the City of Chanhassen servicing three houses through a third lot? 1 Barbara Dacy: I think the City of Shorewood has that. The parcel is physically located within the City of Shorewood. You have to go through a Shorewood subdivision regulations. What they are proposing to do is exit through that easement across the lot line and along Koehnen Circle. Councilman Johnson: In effect Shorewood is not seeing a private drive, Chanhassen is. 11 -23S City Council Meeting - November 16, 1987 Barbara Dacy: Right but executing an easement across a piece of property in Chanhassen is not in effect causing a necessity to go through our subdivision process unless the City Attorney disagrees. Roger Knutson: No, they are not subdividing land in Chanhassen. Councilman Johnson: No, I'd agree but under what circumstances do we allow a private drive servicing three homes in the city of Chanhassen? Mayor Hamilton: The three homes aren't in the city of Chanhassen. Councilman Johnson: No, I say servicing three homes where the private drive is in Chanhassen. ' Barbara Dacy: Part of it is. ' Mayor Hamilton: It's not even a question we need to consider. Councilman Boyt: Does the question boil down to whether or not we are willing ' to allow three hook -ups to our sewer system? Barbara Dacy: Yes. ' Councilman Boyt: Maybe that's all we have any jurisdiction over. I guess I'm alright with it. Mayor Hamilton moved, Councilman Horn seconded to approve the John Sayer subdivision request, Koehnen Circle with the conditions established by the staff in Option #2. All voted in favor except Councilman Johnson who abstained and motion carried. LAKE SUSAN HILLS WEST, CONSIDER ENVIRONMENTAL ASSESSMENT WORKSHEET. Jo Ann Olsen: The action tonight is for the Council to determine whether a negative declaration on the EAW should be made or whether or not an EIS should be pursued. We received all the comments with the EAW. The two major comments was one from the Met Council and the other one was from Carver County. Met Council is concerned with the water quality. The applicant met with Met Council's staff and they provided an agenda for the EAW. Still staff feels that they should provide some additional mitigative measures to lessen the impact of the water quality to Lake Riley. As far as Carver County, we have discussed with Carver County for them to provide us with a grading plan that staff can use as each phase comes in to determine where excess fill should be located and what areas should be graded with each phase. As far as the other comments, the applicant is having a historical survey performed at this time. Those are pretty much the major concerns of the EAW. Everything else met staff's approval so we are recommending a negative declaration of the EAW with the conditions that we recommend that additional mitigative measures ' be provided. If these measures are not found necessary, we are asking that the applicant show us the equations, provide us with equations that would determine that mitigative measures would not provide the necessary impacts to 12 CITY OF - 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 MEMORANDUM F TO: Don Ashworth, City Manager FROM: Barbara Dacy, City Planner I _j /,$ /8 DATE: November 13, 1987 c= SUBJ: John Sayer Subdivision Request - Koehnen Circle Although this item was considered at the November 2, 1987, City Council meeting, it has been scheduled for additional con- sideration by the City Council due to the following: 1. The applicant, John Sayer, did not receive the packet for the November 2, 1987, meeting and was therefore unable to present his viewpoint to the City Council. 2. The applicant has submitted a letter dated, November 5, 1987, 1 which proposes a willingness to enter into a development agreement between Chanhassen, the City of Shorewood and 11 the property owner to: a. Limit development to no more than 3 lots. b. Access to the lots would be a private drive and would not be maintained by the City of Chanhassen. c. Sewer service to the subdivision would be paid to the 1 City of Chanhassen. Because of these two factors, this office advised Mr. Sayer that 1 further clarification from the Council should be received. Council action at the November 2, 1987, meeting was to authorize a driveway cut onto Koehnen Circle and allow sewer service to one home; however, there would be no further subdivision of the prop- erty which would necessitate additional utility, street and public safety service from the City of Chanhassen. Unfortunately, this office was not able to discuss these issues with the applicant prior to the Council meeting of November 2nd. Although a phone message was left for Mr. Sayer, he did not receive the message and matters were compounded by the fact that he did not receive the agenda and packet for the November 2nd ' 1 Mr. Don Ashworth November 13, 1987 Page 2 meeting. Staff believes that the position proposed by the appli- cant addresses the concerns of the Council. A development agreement can be executed and negotiated by the three affected parties. Public safety and emergency services to the lots would be pro- ' vided by the City of Shorewood. The proposed street would not require street maintenance services from Chanhassen as the appli- cant indicates that it will be a private drive. More significant to the Council was the unknown factor of how many lots the 4.7 acre parcel would generate. Given the applicant's willingness to limit the development to three lots, traffic concerns are mini- mized. Sewer connections into the city's sewer system is feasible for three units. This portion of the city flows north into the Shorewood Interceptor so there will be no additional demands on Chanhassen's capacity. The applicant would be respon- sible for trunk charges and installation costs. ' The Shorewood Planning Commission approved the property split /combination. The item has been scheduled for the Shorewood City Council meeting of November 23, 1987, in order to allow the applicant to discuss this item further with the Chanhassen City ' Council. RECOMMENDATION ' It is recommended that the City Council clarify its action on November 2, 1987, to permit the negotiation and execution of a development contract for the property split /combination to include the following: 1. The 4.7 acre property be limited to 3 lots. 2. The site be served by a private drive to be maintained by the property owners. 1 3. The City of Shorewood would provide public safety and emergency services. 1 4. Any costs incurred by the extension of Chanhassen utility lines shall be paid to the City of Chanhassen including but not limited to trunk charges and installation costs. A detailed plan shall also be submitted and reviewed by the City Engineer prior to installation. ' ATTACHMENTS 1. Letter from John Sayer dated November 5, 1987. 2. Letter from Barbara Dacy dated November 5, 1987. 3. Staff report dated October 29, 1987. 1 Carol A. Say er John E. & Ca 1 y 22230 Murray Street Excelsior, MN 55331 November 5, 1987 1 City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attention: Chanhassen City Council Dear Chairman and Board Members, I have recently applied to the City of Shorewood for a lot division. My intentions are to divide an 8.8 acre lot into two lots. I will sell my home and approximately 4.1 acres, and keep the remaining 4.7 acres as an investment with future potential. The 4.7 acres I intend to keep is landlocked, having very few potential access routes. I have employed a survey company and have worked with the City of Shorewood, the planner and engineer, to determine possible access routes. The terrain around the property, as well as multiple ownership of the surrounding property, makes access within the cities' own boundaries almost impossible; certainly unrealistic. The most logical access would be through an easement across lot 4, Terera Acres, on the north side of East Koehnan Circle, Chanhassen. The owner of this property has agreed to this easement. The Shorewood Planning Commission has approved the lot split at their meeting November 3rd. A number of questions, however, were raised regarding the future division of the lot I am holding. Minimum lot size required in Shorewood is approximately 1/2 acre (my lot would then have a potential division of 6 or 7 lots). The City of Shorewood, like the City of Chanhassen, allows only three lots on a private drive. Further, they asked Barbara Dacy to voice any concerns the City of Chanhassen would have regarding future development of this lot. Several major concerns were reported: 1) The road maintenance requirements. 2) Public safety. 3) Emergency service. 4) Utilities. 1 1 1 Page 1 Barbara Dacy reported that the City of Chanhassen would allow for one building site on the 4.7 acre lot. The purpose of this letter is to address the concerns listed above and petition the City Council of Chanhassen to provide sewer and water for three building sites on the said lot. 1 1) The roadway to the three lots would be a private drive, requiring no maintenance from either city. 1 2) The City of Shorewood would provide public safety and emergency 3) services to the said lots. 1 4) Utility costs would be paid to the City of Chanhassen. Finally, there are only nine homes on the East Koehnan Circle culdesac. ' The City of Shorewood does not feel an additional three lots would be unreasonable, nor add a significant increase to the traffic. In fact, there are only five homes between Cardinal Avenue and the private drive. My objective at this time is to keep my options open. I have no immediate plans to sell, divide or develop this property. When I do sell, it would be ideal to find a party interested in owning one large, 4.7 acre lot. 1 Yet, I think it is wise for me to keep as many options open as possible. I would prefer to have the option of full development, but, as suggested by the Shorewood City Attorney, I would be amiable to entering into a ' development contract with the City of Shorewood and the City of Chanhassen, limiting my development potential to only three lots on the private drive. Thank you for your consideration. Respectfully submitted, 1 John & Carol Sayer JES /lm 1 1 1 1 1 • . CITYOF 1 . _ , ., G 1 .0BANHAssEN \I, P AL: , 1 �_ _ 690 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317 a ' (612) 937 -1900 1 November 5, 1987 1 • • Mr. John Sayer 22230 Murray Street . Excelsior, MN 55331 1 Dear Mr. Sayer: This is to confirm that the City Council at the November 2, 1987, 1 meeting reviewed your proposed subdivision request. The Council felt that the City of Chanhassen would authorize a driveway onto Koehnen Circle and if necessary would authorize a sewer connec- , tion for one home; however, there is to be no further resub- division of the property which would necessitate additional utility, street and public safety service from the City of 1 Chanhassen. As was discussed at the Shorewood Planning Commission meeting of November 3, 1987, it was agreed that you would submit a letter to Chanhassen detailing items you would be II willing to put into a development agreement regarding road main- tenance, public safety service, and utility costs. These items would be presented at the November 16, 1987, City Council meeting for further discussion. I have already arranged for this item to 1 be on the agenda and have received your letter dated November 5, 1987. Should you have any questions, please feel free to contact me. 1 Very t ly yours, II Barbara acy II City Planner BD:v 1 1 1 1 /02... r 1 CITYOF i , CHANHASSEN _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN,. MINNESOTA 55317 ` � (612) 937 -1900 `� 1 � • MEMORANDUM I TO: Don Ashworth, City Manager r FROM: Barbara Dacy, City Planne DATE: October 29, 1987 //A /f7 r SUBJ: Consideration of Proposed Subdivision for John Sayer - torth of Koehnen Circle in Shorewood 1 PROPOSAL The public hearing on this item is to be conducted by Shorewood Planning Commission on November 3, 1987. This item is brought to I the Council for discussion so that I can attend the meeting and represent to the Shorewood Planning Commission the viewpoint of the City Council. 1 My office was notified regarding a potential combination/ subdivision proposal for the property located within the City of r Shorewood just across the city boundaries near Koehnen Circle. The proposal is to combine three existing parcels of record and rearrange lot lines to create two parcels. The land area is landlocked except for a private road easement to the northly par - 1 cel where an existing house is located. The Shorewood Subdivision Ordinance requires that if a parcel is to be created without public street frontage a 50 foot easement must at least I be provided. Proposed is to obtain the easement through Lot 4 of Terrera Acres, a subdivision within Chanhassen served by Koehnen Circle. Upon visiting the site and reviewing the property I ownership mapa, no other access is possible from the north or east. Access from the west to Cardinal Drive may be an option but has not been researched as several property ownerships exist. The most direct access to a street is south through Lot 4 to 1 Koehnen Circle. ANALYSIS 1 The applicant's intent is to create two parcels one of which is to be served by the easement from Koehnen Circle. Although it is not intended to be resubdivided, property ownerships do change I and the parcel if established with the 50 foot easement could be resubdivided into three lots served by private driveway according to Shorewood regulations or up to potentially 6 lots with an II improved public street. 1 Don Ashworth 1 October 29, 1987 Page 2 1 If the parcel contains only one single family lot, impact onto the Koehnen Circle area is minimal. Sewer service would have to come from the sewer line in Koehnen Circle. One single family home will not cause a significant increase increase in traffic. The City of Shorewood would allow the installation of a private 1 well on the property. In a resubdivision option, however, other issues arise such as extension of utilities, improvement of the roadway, maintenance responsibilities and public safety respon- sibilities. The following options are available for Council consideration: 1. The City of Chanhassen would not permit the additional driveway cut onto Koehnen Circle. The City Attorney contends that this option would have to be 1 substantiated by specific problems which would arise from the installation of one single family home. 1 2. The City of Chanhassen would allow the driveway cut onto Koehnen Circle; however, no further subdivision of the parcel is permitted until the City of Shorewood and the City of Chanhassen execute an agreement identifying responsibilities for utilities, maintenance and public safety. 3. The City of Chanhassen would authorize the additional 1 driveway cut into Koehnen Circle; however, there is to be no further resudivision of the property which would necessitate additional utility, street, and public safety service from the City of Chanhassen. RECOMMENDATION 1 Option #1 is not recommended as it would be difficult to substan- tiate evidence indicating severe problems arising from the construction of one single family home. 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II, 1199494,90 al ca '5- trios mai 9 err aa ma t s•E‘115 ' •-.3 -to •II 1 ..gr . 20 I .e.s sap•ar. - ! .. - . j AN° I.Y. . - 1 ,i. t .. _ gm... ! 61 MI5 • f ' - 514% i 5 L • r; • W 2 ,,, I .1 . E ars: 71 6 K •A I L . . CLAY lOCKI99011 MM. IP 1ST /0 99 re, 9 sea i ! i /op ,t. 41 /630 i %A.76 il' i 149 ..1•:•• : 9T. 4 ' - . - -es -4 :-. 6.5P69 .. . pa" .16 • 1 f ' 4‘ ts .1 /621 011 ' . ." 1 111 Twat z • . VA a. 1 1 " "." a s. STOISDART 411101! 1.. tot :St. Vt011(1•1 • OK I IP 449-486 it ktiti .. 1 1 I I; I • .4- CIO I LEONARD KOEHNEN ;. I •-s. 1. . s' 2 ./* - ISI ds., $• . SK 60, P 206 4 • • IF 1• X. I 1 . 4 . ? s IT or IA - tro, 1 i - 309- . _ • i - . iii, . f • .=• - --- -_ _._ .... mg 0 % _ 1 :101p • . trammtuyami .,gsanwra... 7.- * *-- 1 - 1 • ***! * I -- __ ____ A 4 1g. i 09 1 ::::"" 41191 0 i ,t,.. • 1 D • 'a ' - • r i 0 I ■ . 9111/1 tvIlal /146 a I I I f .: 1 . ' 1 031 ease, ...a 1 (V 1 1 / 1- 4 7 - 7 7 it a g 1 4714411 j j I 1----LV-Z la! 1 iiiik\ ? I I 1 111111 '111.111-- -.- 4 foto I . , \ A to,s... toot. . i \ .. I r 0 , -1 1 Kg,„ I I i -i 4 ---- --,-, 1 1 ,- _ ...- . , __ . „_/- ...-■ 1 . , -,_-_ ,„, / ■ 4.-=.--,, st , , _ __ o -11 ::, ____ / -t NNW • 1 : .49' I 111111111prAt. IMIT 4 ot I i tti._::•--1 i i:, #c::, m \-1 Figni&/■ rr - - - - - 7 1 •, ') ) , 1 ej A .- In r - , - I- -%(... N. CI, --...) Z 1 t 4 ' 1 l 11 (71 a P k F -.4$1 • ' : - - O I iT .":" 1 ••• • - __ 1 1 -114 .---- IN-. - - - ---I ---t--1,,, . • 1 / . .....1 . 1 1 . . __ - ipflititatextr---3 • MAYOR g = h :. Robert Rascop -; COUNCIL "IP Jan Haugen `- Kristi Stover Robert Gagne Barb Brancet ADMINISTRATOR 1 C ITY OF Daniel J. Vogt W SHOREWOOD a. Y 11111 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 4743236 II MEMORANDUM II TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL , FROM: BRAD NIELSEN DATE: 28 OCTOBER 1987 II RE: SAYER, JOHN - SIMPLE SUBDIVISION /COMBINATION AND VARIANCE II FILE NO.: 405 (87.45) BACKGROUND II Over the past several years Mr. John Sayer has acquired three parcels of land II just north of the Shorewood /Chanhassen municipal boundary, and midway between Cardinal Drive and Apple Road (see Site Location map - Exhibit A, attached). He now wishes to sell his home plus the north half of the property on which II it is located, along with the parcel north of it. The parcel identified as #1355 on Exhibit A is currently landlocked. At the direction of this office Mr. Sayer proposes to combine the southern half of parcel #1300 with #1355. He proposes to provide the resulting parcel with an II access easement south to Koehnen Circle. The resulting division and combination are illustrated on Exhibit B. The proposal is complicated somewhat by the fact that Koehnen Circle and the lot over which Mr. Sayer proposes to gain access to his property are located in Chanhassen. The current zoning of the property is R -1C, Single - family Residential. The II areas of the three parcels are as follows: #1375 82,925 square feet #1300 218,791 square feet #1355 83,700 square feet II The proposed division would result in two parcels, one of which will contain II 206,820 square feet (4.7 acres), and the other will contain 178,596 square feet of area (4.1 acres). Since the southerly parcel will not have frontage on a public road, the proposed division /combination also requires a variance. II It is worth noting that all of the property is currently accessed by a private easement extending eastward from the west end of Murray Street. II A Residential Community on Lake Minnetonka's South Shore 1 Re: John Sayer Subd. tli . _ 28 October 1987 ANALYSIS/RECOMMENDATION . I Since both of the proposed parcels are significantly larger than required by R-1C zoning, the City must concern itself with how they sight be developed in 'the future. Chanhassen will undoubtedly rant to know as well, if they are to approve the access, and likely sewer service, from Koehnen Circle. - il At our request Kr. Sayer's engineer has provided a resubdivision sketch showing the southerly parcel divided into three lots (see Exhibit C). II Although the current zoning of the property would allow more lots than what is shown. the sketch is based upon Shorewood's current policy which limits the number of lots served by a private road to three. According to Mr. I Sayer's engineer it is virtually impossible to serve the property with access, and possibly utilities, other than through the lot in Chanhassen. Property ownership patterns and significant topographical constraints in the subject area are cited as reasons for the access to Koehnen Circle. Area II topography is shown on Exhibit D. It should be expected that Chanhassen may be concerned with the development II potential of Parcel A. What if, for example, some future Shorewood Council changes the current policy relative to private roads, allowing more lots to be served by a private road? While utility service provides them some control over the future development of the site, Shorewood can further II minimize their concerns by recording in the resolution that future development of Parcel A rill be limited to no more than three single- family residential lots. The City Attorney suggests that if Chanhassen wants to go II a step further, a development agreement could be drafted involving the property owner, Shorewood and Chanhassen. Since the proposal requires a variance, Shorewood could require such an agreement to be recorded with the I division. Barbara Dacy, Chanhassen's City Planner, will present the proposal to her City Council on 2 November. She will also be present at our public hearing II the following evening to inform us of Chanhassen's decision. From Shorewood's perspective the proposed division and combination should be II considered reasonable. Assuming Chanhassen is willing to approve the access easement for potentially three lots in the future, the resubdivision sketch is considered to be an acceptable design solution. 1 Since the overall number of parcels is being reduced from three to two, and both parcels have potential for further division, there is no need to require drainage and utility easements at this time. Nor are park dedication fees II appropriate as part of this approval. Prior to release of the Council resolution approving the request, the I developer must submit an up-to -date (within 30 days) title opinion for review by the City Attorney. The division and combination must be recorded within 30 days of the applicant's receipt of the resolution approving the request. II The resolution should also stipulate that any further division of either parcel will be by formal plat. cc: Dan Vogt John Sayer I Glenn Froberg Barbara Dacy Jim Norton Chanhassen Mayor and City Council I/ -2- l yti►'• J•. o of _ss ...,,.S\ ........... - 4 , s ./ 1 , y ,.., ... .,,,. ii , .. A - 6 ..„ , 40 i • 40 - 1 zit 0 e • - ` , ' i s t i ' ? vi •: - M l) `ts • 14 . 1 , - -- I L��' . t ar - \ 1�1e'St.�.k. �n1 / o i. a sat 1 so 0 -- � ` • ' - P3 — . & Ji l l I A 17 t ; 4 I (.07-73.7, i 9 _ _ -{MLA— J , i - f '�`� 40 s . .. ,. S' 1 0' -LS - sts. L - 1 ss — 1 . i L • ,rl[ , ., J '� • - '' ,,• . 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N� I sus • �” ° i I w I t g ! - E m ill K t # L 4 t - M . a RSON *Irk Pin "' e� ,far P h , : ' ii.79 pr 1,3 .1% •.....: i I I. . ! los erIr s - 4.3RC- - .. - i• -.-- N .j — :.w • _ ,. I 4 02/ ., e- ,rrr>R I . • - to TRICK _ ..,i t • ' ' F / a *�•rw M4M W 7 s � 44, , i = j 1 .I 1 LEONARD KOEI{NEN 1 . • w ' r OK 60, P 206 4 • ~ wlq L , 1 ' • - : . . 0 swot .} fir •, / i 446•1"I 'r a eke ar ,�' V1' - : • - . , . — '- =wn a r i r- . • • _ -. •.TOT 1 - - $Ztlibit A 1 ' SITE LOCATION Sayer — Simple Subdivision /Combination and Variance I - . - i . : )1 • . 1 ) / _ ., 4 71.'71:„ el 'Ow.... • 1,..4 1 1 $ l , • 1 - 1 0 1 - t. 7 / I 10 * CO Aii / ' / .,:-...-••• __ . r+ - '..7 � ' - �- '` 1'• - • >r ai . w OAT••• -k— ••• l O i 1 • ! I 4 3 122 I r . 3y i ` ON aI . Ant � I K ♦ , . % 00 `� � l 4 fi ' IIIL 11 9 a takes i K l I 1 A S e° b;• • • gi .,r. , ' ' r 1 } l I 1 , 1'4'. _ � �' ►- ijL o i. . - �� , tit 't er 4..i I „Oa , 1 :3 ) .. Nl , 7 II. 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M - �� war a' .02/ 1 1 ( r is TICK a t L moan - M w1...wa 1 /64" i M� ie. asps - a • w+t ISn • ; _ • . 'I ' LEONARD KOEHNEN 1 ..;. ' , ``� *; 1 1 8K 60, P 206 - q WIl � • 1 • r .• S.i. _ G.�� te r:. , � =ISOM '' r.' - y4 � 1 I. i � • . A -I w..w amass. - - • EYhibit E 1 : / ' PROPOSED DIVISION /COMBINATION 1 • ;., 1 .... ....- - ..... ..- N ..:„. ..• _1 .... ... , 1 I Ir . , • '\ s .,.. ". • • ,„1 \ .1 \.... . ..._....._ - ...... „....._ ... g•r+K N 1 i.lic to 'ad- . e i . _ 4 iki, C) 1 1................ .111. :T1 / • VI Fi .. 1 2 I a ' .) 1 IP 0:01:40101/#1 s t.; •:........,.... I t - I , - I 111 0Mile . : i r 1 !.. TA 111 i ' 4111V -4\ 0 0 IIIIIIIInr ',": - i . U 11■111I-..,- : 1. • 4...- OM. .'• 4 k - imr: iit4NI• to, Or , t 4 . ' ' ' . . . ' . i - .A ,.' :. . • - °: " 4 . *•• il- I. 4 5KOte*.leo 1 tait. . C IVA INA ' Ate A : I . •1 I i :1 . frafe6tA TERF.;' j< i AC.R ES A '-' ($ 4 ) II L'I i . I; - t . 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A 4 1 I , \ .... 4 I/ .....7 '':(, - I . (. . % % f -- o ) : 1 El ci III ‘-d• - • 3' — --. • j . _ .--- •, -• sr ' 4 .4 1/4 .... 4c..r... . r ... .. ..0 ,x , s-- ../ ; ' i '4 7.2::'•:?4. ...,! -.i .• i•- - - 11%.1 , - b :---. % - - ; ;..) • A • P l' ' 4 .: ' ' . 1 l' •El k .... ' C.. ... * 0 . ' ' ' ''''.• Sa' • •.; 0 4 0, r. It . 4. it. I . 7 . • A *.. .. c..-- rte.-. f City Council Meeting - November 2; 1987 1 Councilman Geving: And how far north and south? 3 Gary Warren: Just the immediate area north and south up to Chan View... Councilman Geving: Would you say from 79th to 77th street? , Mayor Hamilton: I don't think it's going to encompass 79th or 77th. Gary Warren: We're taking the poles down like by Filly's and through that 1 area but not south of the railroad tracks. - Geving: Okay, so it's_basically just the main street? 1 Mayor Hamilton: Right. Councilman Geving: When are they going to put them in? Gary Warren: It's going on. Councilman Geving: We haven't approved 9 = pproveci i yet. Gary Warren: On good faith. ' Mayor Hamilton: There's no reason we shouldn't. We're saving so much money doing it. ' 4 Mayor Hamilton moved, Councilman Horn seconded to approve the underground electrical lines improvements by NSP for the downtown area. A11 voted in favor and motion carried. PROPOSED SUBDIVISION NORTH OF KOEHNEN CIRCLE IN SHOREWOOD, JOHN SAYER, APPLICANT. Mayor Hamilton: Does anyone have any questions on this one? , Councilman Geving: I don't have any problem. Barbara Dacy: Which option? ' Councilman Geving: I really don't care because 2 and 3 to me sound alike. I don't see any difference between 2 and 3. 1 Barbara Dacy: The difference between 2 and 3 is 3 is very. definitive in saying we will service one lot and one lot only. No additional resubdivision shall occur with Chanhassen utility services. Option 2 is a little more open ended in that it leaves that issue unresolved until there is a resubdivision. Councilman Geving: I think I'll change my statement. I think 3 is the best ' option for you to take as a participate at tomorrow nights meeting in Shorewood as the City Council's decision here. It's a strong position and it's definitive. I'll. restate my statement and say that 3 is really the best. 35 1 c7 City Council Meeting - November 2, 1987 Gary Warren: Just a question. I haven't gotten all the details. There are 1 a number of areas where the City of Chanhassen's sewer system, sanitary sewer, flows into Shorewood. Does Shorewood seem to be in agreement that like our we don't want your sewer and it's still reasonable? Barbara Dacy: I don't understand your question. Gary Warren: We have a number of areas where Shorewood says we aren't going to accept your sewage. The whole northern stage of the city flows into Shorewood. Here, if I'm saying this right, we're saying we would not allow any sewage to come from the subdivision right? ' Barbara Dacy: No, that would only be upon resubdi.vision. We are saying the one connection would be allowed. However, if additional resubdivision would occur, it would not come from Chanhassen. Councilman Geving: But we do have areas where we provide water to Shorewood. We bill Shorewood residents. Gary Warren: It goes back and forth on the city lines and I think you want to have a cooperative relationship with your border cities. Councilman Geving moved, Mayor Hamilton seconded to approve the consideration of the proposed subdivision for John Sayer north of Koehnen Circle in Shorewood using Option 3 in the City Planner's memo dated October 29, 1987 and ' that the City Planner will advise the Shorewood City Council of this decision. All voted in favor and motion carried. CEMETARY EXPANSION, COUNCILMAN GEVING. Councilman Geving: As part of our condition with the Hartung /Otto subdivision it was suggested that Don and I meet at the cemetary and review some of the plans that we might have and we had a tour scheduled for last Saturday morning. Bill and myself, Jay, Don and our reporter Mary Durban were there on the site. I guess the key to this whole thing is that we're talking about a 2 acre expansion of the existing cemetary. I'm looking at the bottom line here is basically is the fact that this 2 acres would and should pretty well take us well into the year 2000 and beyond at a very reasonable price. The price of buying that Lot 1 at $45,000.00 is unreasonable in my mind and at this time I couldn't support that but the natural movement along the road on Galpin Blvd. and backwards approximately, on the right side at least, by the cemetary another 150 feet and then approximately 200 and some feet along the road is I think a very good amenity. If we don't pick up this particular piece of property at this time, it's gone. We would have to look for another site in ' Chanhassen at some other time. I look at it this way. The people of Chanhassen are a relatively young population. We have not had more than 3 or 4 burials at Chanhassen cemetary for a number of years but that's understandable. We're a young population and we also have not really marketed this. We have not gone out of our way to make it available other than to let people know it's a city cemetary. I think this will change that. This expansion will change that in the sense that we would go in there and use it 36 1 John E. & Carol A. Say 22230 Murray Street Excelsior, MN 55331 November 5, 1987 , • City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Attention: Chanhassen City Council Dear Chairman and Board Members, I have recently applied to the City of Shorewood for a lot division. My intentions are to divide an 8.8 acre lot into two lots. I will sell my home and approximately 4.1 acres, and keep the remaining 4.7 acres as an investment with future potential. The 4.7 acres I intend to keep is landlocked, having very few potential access routes. I have employed a survey company and have worked with the City of Shorewood, the planner and engineer, to determine possible access routes. The terrain around the property, as well as multiple ownership of the surrounding property, makes access within the cities' own boundaries almost impossible; certainly unrealistic. The most logical access would be through an easement across lot 4, Terera Acres, on the north side of East Koehnan Circle, Chanhassen. The owner of this property has agreed to this easement. The Shorewood Planning Commission has approved the lot split at their meeting November 3rd. A number of questions, however, were raised regarding the future division of the lot I am holding. Minimum lot size required in Shorewood is approximately 1/2 acre (my lot would then have a potential division of 6 or 7 lots). The City of Shorewood, like the City of Chanhassen, allows only three lots on a private drive. Further, they asked Barbara Dacy to voice any concerns the City of Chanhassen would have regarding future development of this lot. Several major concerns were reported: 1) The road maintenance requirements. 2) Public safety. 3) Emergency service. 4) Utilities. 1 1 Page 2 1 Barbara Dacy reported that the City of Chanhassen would allow for one building site on the 4.7 acre lot. The purpose of this letter is to address the concerns listed above and petition the City Council of Chanhassen to provide sewer and water for three building sites on the said lot. 1) The roadway to the three lots would be a private drive, requiring no maintenance from either city. 2) The City of Shorewood would provide public safety and emergency 3) services to the said lots. 4) Utility costs would be paid to the City of Chanhassen. Finally, there are only nine homes on the East Koehnan Circle culdesac. ' The City of Shorewood does not feel an additional three lots would be unreasonable, nor add a significant increase to the traffic. In fact, there are only five homes between Cardinal Avenue and the private drive. 1 My objective at this time is to keep my options open. I have no immediate plans to sell, divide or develop this property. When I do sell, it would be ideal to find a party interested in owning one large, 4.7 acre lot. Yet, I think it is wise for me to keep as many options open as possible. I would prefer to have the option of full development, but, as suggested by the Shorewood City Attorney, I would be amiable to entering into a ' development contract with the City of Shorewood and the City of Chanhassen, limiting my development potential to only three lots on the private drive. Thank you for your consideration. ' Respectfully submitted, ohn & Carol Sayer ' JES /lm 1 1 1 1 1 C1TYDF II _ , -� 1 ..„., 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 1 September 24, 1981 1 - Mr. John Sayer II 22230 Murray Street EXcelsior, MN 55331 Dear Mr. Sayer: 1 I apologize for the amount of time it has taken for this response. I hope this will be helpful in answering your questions concerning Lot 4, 1 Block 1 of Terrera Acres. 1. The requirements for building on Tot 4, Block 1 are that both the II newly created parcel and the remainder of the parent parcel must have at least 90 feet of frontage on a public street & 15, 000 square feet of lot area. Regardless of whether a subdivision occurs or II not, Lot 4 has had two sewer and water accessments levied which must be administered. Additionally, any conveyance of title on lot 4 will necessitate a Public Hearing and subsequent City Council action. II 2. The combination of a portion of It 4 with your two acre parcel may be possible, however, I an not certain what impact the Shorewood II Ordinances might have on such a combination and what real benefit might be gained other than a building site and /or access to the two acre parcel. Although the number of residential units that would be permitted on your property by the Shorewood C1rdinance would probably II be significantly limited, it will have an impact as far as traffic generation and public service needs. As such, it must be verified that 1) the two acres parcel is conditionally or uncontional.ly dev- II elopable according to the Shorewood's Ordinances and policies, 2) the only possible alternative for access to the two acre parcel is via Lot 4 and 3) whether or not the request is eligible for a variance II to the 500' long cul-du -sac, street frontage, and private street pro - visiorSof Chanhassen subdivision ordinance 33. Although there is not sufficient information forme to make a concrete 1 repsonse at this time, I feel that every avenue should be explored in an attempt to find access to the subject property that would not intensify the present non- conformity of Koehnens Circle. Should it be determined II that access is absolutely only available to the subject property via Koehnens Circle, it would be most beneficial to have staffs of both Chanhassen and Shorewood work closely together at the outset of the variance reviews II of the proposal. II Mr. John Sayer -2- September 25, 1981 Please call me if you have any questions on the above or if you have decided to initiate a formal variance review. Sincerely, / 3"#/. ' "14411 Bob Waibel 1 City Planner 1 BW:bf;ke 1 1 1 1 1" 1 1 1 1 1 1 1 II John E. Sayer 22230 Murray Street II Excelsior, MN 55331 r June 26, 1981 II City of Chanhassen 690 Coulter Drive II Chanhassen, MN 55317 ATTENTION: Mr. Bob Waibel II Dear Bob, I am interested in gaining access to a two acre parcel of land I that I now own, but to which I do not have access. This two acres is located in Hennepin County, and is adjacent to my present home- stead property of five acres. (See Exhibit A.) II The only way I can gain access to this two acres is through a portion. of Lot #4, Block 1 of Terera Acres. The owner of this lot II was recently assessed another $6000 (sewer assessment) because of his large lot size large enough for another home. Accordingly, he is interested in selling me a portion of his lot, thus, I would gain access to my two acre parcel. 1 My questions are: 1. What are the requirements (if any) for the division 1 of Lot 4, Block 1 of Terera Acres? 2. Can I combine this division with my two acre parcel? 1 3. What driveway (or road) requirements must be met for: a. A single home located on the two acres. I b. More than one home in a sub - division of the I acreage I own. 4. Regarding the possibility of a future sub - division on the acreage I own, what is required from the City of I Chanhassen for accessibility to this land via Koehnen Circle? Bob, if I may answer any questions, please call at 474 -7136. I 1 appreciate your time and effort in this matter. Best regards, , v7L -� _ CA" CITY OF CHANHASSEN RECEIVED • ohn Sayer 1 JUN 261981 • JS:pb COMMUNITY DEVELOPMENT DEPT. I V w i ac . 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BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 • MEETING NOTICE PROPOSAL TO PROVIDE CITY UTILITIES AND ACCESS VIA KOEHNEN CIRCLE TO A 5 LOT SUBDIVISION LOCATED IN SHOREWOOD 1 On Monday, December 14, 1992, the Chanhassen City Council will be reviewing a request to provide city utilities and access to a 5 lot subdivision located in the City of Shorewood. Due to its remote location, it is not possible to service these lots directly from Shorewood. A similar ' request for a 3 lot division and private street was approved by the Chanhassen City Council in 1987. This project was never completed. The current developer, Jeff Williams, has modified the proposal to call for 5 lots served via a public street. of the subdivision is the responsibility of the City Direct approval o th ubdi th sp ty ty of Shorewood. The Chanhassen City Council will determine if they will allow the use of city utilities and streets to serve this project. 1 If you need additional information, please contact Dave Hempel, Sr. Engineering Technician or Paul Krauss, Planning Director at 937 -1900. 1 1 1 1 A'61 1 , 0 to PRINTED ON RECYCLED PAPER 1 1 Troy Anderson Charles Cool V. C. Wirtz 1600 Koehnen Circle 1601 Koehnen Circle 1620 Koehnen Circle Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 1 Jeff Williams Kent Mosher Glen Doty 1691 Koehnen Circle 1641 Koehnen Circle 1690 Koehnen Circle 1 Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Lance Ford Marion Parker Lynn Kolstad 1 1711 Koehnen Circle 1750 Koehnen Circle 1730 Koehnen Circle Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 1 Chas Osterfeld Daniel Plaziak 1 6211 Cardinal Avenue 6225 Cardinal Avenue Excelsior, MN 55331 Excelsior, MN 55331 1 1 1 1 1 1 1 1 1 1 1 1