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74-04 - Park 1 PUD pt 1I LARSON & MERTZ Y ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE C RAIG M. MERTZ (612) 335-9565 OF COUNSEL March 7, 1979 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel Chanhassen City Hall Box 147 Chanhassen, Minnesota 55317 Re: Plat of Park 1 (Gabbert & Gabbert Company) Dear Bob: As a part of the north Highway #5 frontage road project, this office was charged with the duty of obtaining from Gabbert and Gabbert Company an easement for West 77th Street running northerly from the southwest corner of the property approximately half -way to the Milwaukee Road right- of-way and thence easterly to the Eden Prairie boundary. The preliminary plat which was approved by the City Council on February 5, 1979, contained a proper dedication of the easement in question. I am closing this office's easement acquisition file for the Gabbert and Gabbert property, on the assumption that you will be verifying that the final plat to be signed by the Mayor will contain a dedication of West 187th Avenue and West 77th Street as depicted on the preliminary plat. CMM:ms Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney lei rf7y79 RECEIVED VIL4Aag ejp CHANHA RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. James E. Boerhave c/o BRW 7101 York Avenue South Minneapolis, MN Dear Mr. Boerhave: LAHSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 25, 1979 TELEPHONE (612) 335-9565 Re: Plat of Park One (Gabbert and Gabbert Company) This office represents the City of Chanhassen. We are in the process of obtaining the necessary right of way easements for the Highway #5 Frontage Road improvement project which is presently being executed in the City of Chanhassen. Z was in attendance at the January 24, 1979 public hearing on your proposed plat of Park One. I note that the alignment of the frontage road depicted on your preliminary plat does not conform to the alignment selected by the City Engineer. For your convenience, I have enclosed a map depicting frontage road easements #4 and #7 and a copy of the legal descriptions of those two easements. In their development contract for The Press, Incorporated, Gabbert and Gabbert Company agreed to dedicate the necessary frontage road easements. Easements #4 and #7 should be incorporated into the final plat document. If you have any questions, please feel free to call. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. cc: Bob Waibel John Emond, Schoell & Madson Warren Beck �3�L�,"CS�%�r�a� `L .nq JAN1979 IECSIVED + VILLAGE OF 4% �! CHAANHASSEN, zC MINK. .�� Gabbert & Beck, Inc. 6950 FRANCE AVE. SO., EDINA, MINNESOTA 55435 PHONE (6121925-4321 July S, 1974 Planning Commission Village of Chanhassen Chanhassen, Minnesota Attention: THE CITY COUNCIL - CHANHASSEN Gentlemen: MAYOR COUNCILMEN _ COUNCILMEN COUNCILMEN _ COUNCILMEN _ CLK•ADM. _ TREAS. - :,SST. ZONING BLDG. I NSP. PUB. WK_ D;R. UTILITY SUP T . , RE: DISTRICT 14, PLAT 25007 PARCELS 7030,1050,-1'06'0' -arid '1070. I attended the June 12 meeting of the Planning Commission, at which time it was indicated that the Commission would recommend hearings for downzoning of the above property unless we sub- mitted a development plan and schedule for development. Nobody desires to develop the property more than we do. It costs money to hold raw land, for both taxes and carrying charges mount. But the time is not now ripe for development. As you know, the prime interest rate is at an all time high of ll %. With con- struction loans currently drawing interest at from 3 to 3z points above the prime rate, the effective interest rates are in the neighborhood of 15%. Further, it is difficult to obtain loans even at this rate, for the difficulties which banks are experienc- ing in drawing money are drying up their loan funds. Finally, it is no secret that the economy in general is depressed at the moment. We do not feel that it is either to our advantage or to Chanhassen's to begin development which may prove economically infeasible. We have consulted our attorneys with respect to the Planning Commission's proposed action. They have advised us that Section 14.07 of the ordinance apparently does not apply with respect to pre-existing P-4 districts, such as ours, which were "grand - fathered" in under the new zoning ordinance. The downzoning provided by Section 14.07 is the culmination of a procedure which includes submission of proposed and final development plans in connection with obtaining zoning under the new code, Planning Commission Village of Chanhassen July 8, 1974 Page 2 a procedure which was of course not followed with respect to our property. They have suggested that we may want to resist the downzoning by legal proceedings. We certainly have no desire to get involved in such proceedings, as I am sure you do not. In short, we ask that the City of Chanhassen take no action at this time. To repeat, we are as anxious as you to get the show on the road, but we have no control over the economic facts of life. I will attend the July 10 meeting of the Planning Commission at which time we can further discuss this matter and discuss generally our plans for the property. Sincerely, GABBERT AND GA BBERT COMPANY rren Beck, General Partner CC: City Council - Chanhassen Lloyd Schnelle Planning Commission Members I 09HSE VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 6, 1974. Gabbert, Gabbert and Beck- 6950 France•Avenue South Edina, MN 55435 Dear Sir: You have been scheduled to meet with the Chanhassen City Planning Commission, Wednesday evening, June 12, 1974 at 8:40 p.m., to review the status of your•Planned District zoning in regards to your progress in developing this zoned land. If you have any quostions.on this matter, please feel free to contact me. My te3.0phone.number is 474-8885. Sincerely yours, Lloyd G. Schnelle Clerk -Administrator LGS:k 7610 LAREDO DRIVE 0 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 •. (612) 474-8885 May 16, 1974 Gabbert, Gabbert and Beck 6950 France Ave. South.. Edina, MN 55435 SUBJECT: Your property zoned for Planned Development Dear Sir: The Planning Commission has scheduled you to appear at their meeting on May 22, 1974. The Zoning Ordinance No. 47, Subsection 14.07, adopted by the City of Chanhassen reads as follows: 1. Planning Commission review. The Planning Commission shall review all Planned Unit Development Districts at least once each year and submit a report to the City Council on the status of development. 2. City Council Action. If the City Council finds that development has not occurred within a reasonable time after approval of the final development plan, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. This review by the Planning Commission is very important so that the City can coordinate Planned Development's with the other necessary City requirements, such as utilities, streets, traffic problems, schools, etc. Sincerely yours, Lloyd G. Schnelle Clerk -Administrator' LGS:k Gabbert & Beck, Inc. 6950 FRANCE AVE. SO., EDINA, MINNESOTA 55435 PHONE 1612) 925-4321 April 25, 1974 Mr. Lloyd Schnelle, Clerk Administrator Chanhassen Village 7610 Laredo Drive P. O. 147 Chanhassen, Minnesota 55317 SUBJECT: GABBERT AND GABBERT PROPERTY Dear Mr. Schnelle: This letter will confirm my telephone conversation with Jerry Schlink of your office Tuesday, April 23rd, in which I indicated that we would be unable to attend the Planning Commission meeting scheduled April 24th per a request in your letter of April 19th. I will be most happy to appear before the Planning Commission at a later meeting. I would appreciate your early notice of your next available meeting date. Incidentally, I would appreciate your changing your address records and forwarding all future correspondence to Gabbert & Beck, Inc., 6950 France Avenue South, Edina, Minnesota 55435. Telephone 925-4321. Because of the changed address, we did not receive your letter until April 24th, the day of the Planning Commission meeting. Sincerely, / MAYOR COUNCILMEN I +� COUI:CILPa1EN V CGUNCIVAEN wairre Beck, President CLA-A-, ;:�• r: bi'DL". U 01LI TT 7A April.19, 1974 Gabbert and Gabbert V 7317 Czhill Road Minneapolis, Minnesota SUBJECT; Your property zoned for Planned Development. Dear Sir:'� The Planning Commission has scheduled 'you`'to appear'attheir meeting on April 24, 1974, at 9:45.p.Me The 'zoning Ordinance No. 47 adopted'.#�yr the, City of Chanhassen Subsection 14.07 Annual ROviG : A' planning Commission .noview.. ` The- Planning - Gommi�ssion shall review all Planned Unit Development Districts at least once each year and submit a'%teport to the City Council on the status of.; deveiopment ' 2.' City Council.. Action: ` If the City Council finds, that development -has not occurred within a reasonable time after approval of the f inal � development plan, the City ' . Council; may instruct the Planning Cor,�mission to initiate rezoning to the original. zoning district by removing the Planned ',District .'zoning. t This review by the;. Planni� g, Co,'iFssion i s very. ':important so that the City can coordinate planned Development's with the other necessary City raquirem®nts, such as utilitie&, streets, traffio•problems� schools, etc.. Sincerely yours, Lloyd Schnelle 'Clerk -Administrator i LS : jm April 19, 1974 Gabbert and Gabbert 7317 Cahill Road Minneapolis, Minnesota SUBJECT: Your property zoned for Planned Development. Dear Sir: The Planning Commission has scheduled you to appear at their meeting on April 24, 19740 at 9:45 p.m. The Zoning Ordinance No. 47 adopted by the City of Chanhassen Subsection 14.07 .annual Review: 1. Planning Commission Review. The Planning Commission shall review all Planned Unit Development Districts at least once each year and submit a report to the City Council on the status of development. 2. City Council Action: If the City Council finds that development has not occurred within a reasonable time after approval of the final development plan, the Citv Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned District zoning. This review by the Planning Commission is very important so that the City can coordinate Planned Development's with the other necessary City requirements, such as utilities, streets, traffic problems, schools, etc. Sincerely yours, Lloyd Schnelle Clerk -Administrator LS:jm Gabbert & Beck, Inc. 6950 FRANCE AVE. SO., EDINA, MINNESOTA 55435 PHONE 16121925-4321 May 23, 1973 Village Clerk Village of Chanhassen Chanhassen, Minnesota Gentlemen: I recently attended a 'Village Council meeting where a hearing date was established for June 18, 1973 for assessments on sanitary sewer and water installation affecting Gabbert and Gabbert Company property. I would appreciate receiving from you the specific details re- garding this assessment. Specifically, I am interested in the exact location of the services, the cost of the assessment, the amount to be assessed on the individual properties and the method by which the Gabbert and Gabbert property will be assessed inasmuch as it is presently undeveloped property. Thank you very much for your assistance. Sincerely, OOAW Warren Beck �►,� ZP L6 MAY 1973 RECEIVED VILLAGE or CHANHASSEN, en. MINN. ,A . Gabbert & Beck, Inc. 6950 FRANCE AVE. SO., EDINA, MINNESOTA 55435 PHONE (6121925-4321 May 22, 1973 Village Council Village of Chanhassen Chanhassen, Minnesota Gentlemen: Thank you for your consideration at the May 21st Council Meeting and your review of the Gabbert and Gabbert property planned unit.development zoning. As agreed, I am writing you at this time to summarize the status of the property relative to the zoning ordinance requirement for annual reports.. As a real estate property developer, our company purchased the property in 1969 with the intention to develop the property as an Industrial Park. The property was zoned 'planned industrial' at the time of our purchase. TYis zoning did affect our appraisal of the property at the time of purchase. During the subsequent period 1970-1972 the industrial real estate market in the metropolitan area became extremely soft. Even large developers indicated to us their reluctance to initiate new projects because of the market conditions during that period. Similarly, we did not feel the market justified our investment of large sums of money in the con- struction of streets, sewers, curb and gutter, and other improvements on the property in order to attempt to market it during those periods. During this period of time, however, we did engage Brauer and Associates to do a planning study on the property. We have subsequently worked with Bather-Ringrose- Wolsfeld asking their evaluation of the property for planning purposes. Concurrently, we ran on frequent occasions classified adver- tising and direct mail advertising campaigns as well as posting signs on the property indicating our willingness to develop the property on a sale or lease -back arrangement. �cy�v +►"'s'� •: ` 41AY 1973 �^ VILLAGE OF CHAtVHAygEIV, ��� MI►VIW. Village Council Chanhassen, Mn May 22, 1973 Page 2 In accordance with your wishes, I have initiated contact with the Chamber of Commerce of Chanhassen and will endeavor to maintain closer contact with the Village officials in order to avail ourselves of all possible leads for users of the property. For the Council's information, we will divide the property in parcels ranging from five to thirty acres on terms including "build for lease", "build for sale" or out right property sale. Interested parties may be directed directly to our office or should Village officals have con- tact with interested parties, we would appreciate receiving this information directly. Please be assured that we are in agreement with the Village's desire to have this property developed to the benefit of all concerned at the earliest feasib le date. Sincerely, Warren L. Beck President Nav 220 1973 Mr. Charles M. Schneider Chanhassen Chamber of Commerce % State Bank of Chanhassen Chanhassen, W.' 55317 Hear Mr. Schneider: Cahbert & Beck, inc. is the developing agent for SO acres of industrially zoned property on the eastern edge of the Chanhassen Business District adjacent to :3ighuray 5 and. the .M,inneapolis, Northfield, Southern Railroad right -of -tray. We would like to enlist your assistance in developing this nronerty. May T sugoest Z Lunch ;oith yourself and anv others within the Village whoa you feel may have an inter- est in an industrial building within Chanhassen or who may have contact with persons who do have such an interest. Z will contact you during the next several days to arrange a convenient time for us to cret tocxether. Sincerely, warren Pec1: , ^resident Ir' cc: lyillage Council Village of Chanhassen 0 •� A I R.LTSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 December 18, 1972 Chanhassen Planning Commission Chanhassen Minnesota 55317 Re: Beiersdorf and Gabbert Planned Development Districts Gentlemen: A request having been made that I examine the status of the Beiersdorf (P-3) and .Gabbert (P-4) Planned Development Districts in light of the Zoning Ordinance, I submit herewith my report and recommendations . Past Procedural History. TELEPHoNB 335-9565 These areas were zoned as P-3 and P-4 Districts by adoption of the zoning map as part of the enactment of the Zoning Ordinance. This zoning was based upon what actually amounted to sketch plans for development submitted by the owners, but without approval of a prelimi- nary development plan of the type now called for under Section 14.05 (4) of the ordinance. Present Zoning Ordinance. Because of the enactment of the Zoning Ordinance, the development of these areas as P Districts will now have to be governed by the provisions of the Ordinance in all respects, except that no rezoning will be neces- sary as this has already taken place. 0 Chanhassen Planning Commission -2- Recommended Procedures. December 18, 1972 The owners of these tracts should be advised in writing of the enactment of the Zoning Ordinance and that this ordinance will henceforth govern every aspect of their intended development of these areas. I am of the opinion that the plans initially submitted for these tracts do not qualify as preliminary development plans as now called for under the Ordinance'. Therefore, all procedural requirements of Section 14.05 , et seq. will have to be followed, including the necessity of holding a public hearing .on any proposed development plan, excluding rezoning. In other words, all future development of these areas will bey subject to the direct and continuing authority and control of the Planning Commission and Council as contemplated by the Ordinance. Review and Rezoning. Annual review of all P Districts by the Commission is required by Section 14.07 (1) of the. Ordinance. As no P District preliminary develop- ment plans have actually been approved by the Council, it would appear that any. review by the. Commission would be limited to consideration of whether P District Zoning should be continued for these tracts. Rezoning can be undertaken through the authority of Section 14.07 (2) or 24.02 . er trul yours Russell H. Larson Chanhassen Village Attorney RHL: b cc Council Members John Neveaux we h xzAhliec4 ?rR?rrMMg property for mule, or lcnee, in from uourecn deemed reiinble; but no warra:ay or rcprcren!MInn 1.1 mn4c un I• .ahmit-�T ia„t-irct to crrorm. ornlenfon., cl.nnc;n of prlco, rental. or otbor onndltlann, prior enlo or lcoac, or wltbdnawai wlti d WA