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MINUTES PLANNING COr1MISSION APRIL 18, 1983 PAGE 3 . James W. Maenner, First National Bank of Minneapolis, requested rezoning JAMES W of the remaining ~.2 acres of the Hawkins Estate. They are requesting the chan e in r z i . M.~IENNER, g e on ng now because they feel it is the logical time to do so. The three principal reasons are: (1) th FIRST NAT- ere are three different zoning classifications on the property--B-lA, R-2 and R-1. If it is changed to IONAL BANK OF I~'LS B-lA, it would be a logical and compatible use with the surrounding area; (2) G d V l ' . oo a ue s. intent is to create a separate and distinct neighborhood, hi h w c will be accomplished by ponding and berming to the south of the property; and (3) sets the use of the land--anyone interested in purchasing the land will know what the zoning is. The three different zonings creates a difficult situation for the Hawkins Estate as well as the county, the tax assessor and others. He also feels if it was rezoned now to B-lA it , would benefit the city because it would generate higher taxes. It also gives theEstate more flexibility as B-lA is the highest classification of property in Falcon Heights and would permit the widest range of uses A11 . future hassles with the land would be eliminated. His current plans for the Estate is to finish the administration the early part of the summer when vhe ~a.nd will be transf erred into a trust at the bank in the names of the Hawkin' heirs whi h ill s , c w ultimately end in a partnership. George Plant asked how many acres are involved and Mr. Maenner answered 2 acr 5 s PLANT/ . . e IlIAENI~Z Jim Bourquin questioned the ultimate use of the land. It appeared from the BOURQUIIJ/ Falcon Woods #3 Subdivision Plat that the grading on the south part of the I-iA~~R./ plat and the proposed grading in the new rezoned area anticipates that a ma3or art f thi d SCHUNICHT p o s rainage pond and three substantial berms would be on the land that is requested to be rezoned. Therefore; since the berms located on the land are to the benefit of the entire area, they should be a permanent structure of berming and ponding. He wonders if the change in zoning should not be encumbered in some way to assure the permanence of the ponding and berming which would protect the people to the north. James Maenner advised that a letter of understanding had been sent to Good Value Homes, the City (Engineer and Attorney), and Hewlett-Packard along with a proposed storm water development agreement and felt that making the berms a permanent fixture could be included as part of the storm water development agreement. Bob Schunicht advised that they have recommended to the City that they obtain an easement to the elevation of 976, which is a 100 year high level on the pond, and that berms be placed as a temporary measure that would buffer the single family residential site. These berms would be maintained in some form when development occurred on the Hawkin's property as part of the planning process and part of the process to determine what should be built on the land. He recommended that the berms not be encumbered at this time because they may not exactly fit with what is developed on the property. The ponding should be permanent but berming should be dealt with at the time the property is developed. Jim Maenner stated he felt the berming should be permanent in order to maintain the separation of the two uses and they add to that separation. He did not know the proper procedure to accomplish the permanent berming but felt it could be included in the storm water development agreement. A11 parties will be signing the agreement. • Harold Nilsen noted in the April 8, 1982 Tatum Woods Task Team report, under "(1)-(2) If th NILSEN more an one type of housing is proposed, low density type should be located at the north and east ort'ons of the site wi, hi her density types to the south and west" ~ t~ d ~ . n o er wor s, a more ien e