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HomeMy WebLinkAboutCCMin_74Jul1_SpecialT~iINUTES OF SPECIAL COUTJCIL MEETING FALCON HEIGHTS, MINNESOTA JULY 1, 197. A special meeting of the Falcon Heights City Council was called to order by rlayor Warkentien at S :03 P.T-1. T~tayor ti~Tarkentien, Councilmen Black, Ecklund, Steele, PRESENT and Labalestra, Also present were Clerk-Administrator Barnes, Engineer Lemberg and Attorney Kenefick. None. ABSENT Mayor Warkentien explained that the special meeting was called for the consideration of 1. The application to rezone property presently R-1 and~R-2 to R-3, 2. The application to grant a special use permit for a muntiple dwelling in a B-1-A district, and 3. The application to grant a variance for a five story building. Said property is located at 2001 ti~J, Larpenteur Avenue. The application is Alfred Hermes, Hermes Floral Company. Councilman Black read the minutes of the meeting of the Planning Commission which conducted a public hearing on June 21~, 1971. The recommendation of the Planning Commission was that the proposed rezoning and the other requests be denied for the following reasons 1. traffic flow, including ingress and egress to Larpenteur Avenue. 2. density, with the advisability of 35 units per acre being questioned as being high for a suburban area, and 3. lack of plans for future land use of the adjoining property. The proponents then made their presentations to the Council and the audience. r1r, Robert I~loder, 1365 Midway Parkway, real estate agent for T•1r. Hermes, explained the circumstances leading to the request for rezoning by ~1r. Hermes. He stated that the prospective buyer had been working on plans for the development of this property for app roximately two years. The estimated cost of the project would be 7 million dollars, and the City of Falcon heights would realize approximately a 10`~ increase in taxes. Tyr. Carl Ohrn, of the firm Barton and Aschman, Planning Consultants, mnployed by T~1r. T4oder, explained that the rezoning would involve about 5.6 acres of R-1 and 3.6 acres of R-2 property, which the developers are pro- psoing to rezone to R-3, He explained that they were aware that a special use permit or conditional use would have to be obtained to allow for the construction of a five-story building. The present zoning ordinance limits the height of buildings to three stories or less. The height of the five-story building would be t~9.5 feet. Also explained was that the side yard must be '~ the height of the building or in this case 25 feet, which would pertain to the east and west sides of the building. The developers feel that they will adequately meet this requirement. He stated that according to density re- quirements, Falcon Heights allows 29 units per acre for one bedroom units and 22 units per acre for two bedroom 5 O units, the proposed density of the complex is 26 units per acre, Included in the plan are 1t2 efficiency apartments, 200 one bedroom apartments and 78 two bed- room apartments. According to studies made, the sanitary sewer system in the area is adequate for the proposed apartments. There is a twelve inch watermain serving the property which is also felt to be adequate, and according to the City Engineers drainage report, water drainage fr~n the property would be satisfactory if a holding pond were developed and maintained at approximately 1~.5 acre feet. The cost of the holding pond would be paid for by the developers. Mr. Todd Heglund, Traffic Engineer, employed by the developers to study ingress and egress of traffic on Larpenteur Avenue, stated that he had studied maps and charts provided by the Ramsey County Engineer and Highway Department, and that he was satisfied that the location of existing entrances on Lam enteur are adequate to handle increased traffic flow. T~:r, Moder explained that he had conferred with Captain Fred Spencer of the Ramsey County Sheriff's Department about the police protection and that Captain Spencer felt that the protection now provided would sufficiently provide for the City and for the increased number of residents. Mayor Warkentien explained that when the policing contract was first discussed it was proposed that Falcon Heights, Lauderdale and the Minnesota State Fairgrounds enter into a joint contract, but the idea was rejected by Lauderdale and the Fairgrounds. He also explained that sine the demise of Lauderdale~s police force, that Falcon Heights had been trying to negotiate a contract with the City of Lauderdale in an effort to reduce policing costs for both communities. Fire Chief Al Helbig stated that he felt an apartment of the size proposed would not be an obstacle for the fire department. He stated that he felt the department was adequately prepared to handle the proposed project with fire protection, and also that if need arose, Falcon Heights could call on twenty-nine other fire departments in the T~Zutual Aid Association who would be on the scene minutes after an emergency call was re- ceived. Mr. Jim Cooperman, Architect for the developers was present and explained the layout of the buildings. He stated that there would be 320 units with a total of 610 parking spaces. Recreation for the tenants of the buildings will be provided in the form of a recreation room, indoor and outdoor pools and tennis courts. This concluded the formal presentation by the applicants. A number of citizens then spoke in opposition. r•Tr. Erling Hallanger, 1875 Tatum, was concerned that an apartment of this height would dominate the land- scape.: He also felt that more studies should be made concerning ingress and egress of traffic onto Lar- tenteur Avenue. He also f eft that to increase tax benefits to the City, the apartment units would have to be occupied and stated that he feels there is at the present time an adequate number of apartments in the City with their share of vacancies. He questioned the adequacy of police and fire protection with the added number of residents. Tyr. Lois Kerarner, 1768 Tatum, explained that at the present time there is a drainage easement between her house and the neighbors, and stated that she feels an apartment complex of this type would increase the water flow through this area, and feels that the drainage ditch would be unable to handle the capacity. Tom PicGough, 1938 Summer, questioned the size of the holding pond to be constructed, and also the density of units proposed. He stated that 26 units per acre was high and that it did not conform with standards set by the T~letro Government and other municipalities. Engineer Lemberg explained how the size of the holding pond is determined and explained the unit measure of acre feet. Chet Saunders, 1786 Tatum, indicated that he felt developments of apartments on this property would devalue the adjacent property and that traffic would increase considerably on both Lindig and Fairview Avenues with the development. Ray Garcia, 1905 r1. Prior, questioned how the increase in the number of people in the City, by approximately 20 per cent could possbily mean there would "not have to be added police and fire protection. He stated that a complex of this type would be depressing to the people adjacent to it, and that they would not have the opportunity to enjoy the evening sun. He also stated that he does not feel that the developers are the only willing buyers for property of this kind and that in the future someone would present an idea which would be more suited to the land use. Eugene A11en, 1715 Lindig, read a letter from Florian Lauer, 1736 Tatum, stating his objections to the proposed rezoning, which is on file in the C1erkTs office. T-ir. Allen questioned the times during which traffic counts were made and stated that he feels the present entrances on Larpenteur would be inconvenient for people in the apartments and add to the already congested Larr~enteur Avenue. He also stated that a complex of this nature would be likely to attract students who might become noisy and unruly at times. T~1r. Bill Cunningham, 176t~ Lindig, stat ed that h e felt a buyer should not be able to rezone a piece of property 3ust because it would better: fit his business. He stated that he felt Falcon Heights was an attractive rural residential area and a complex of this type was not keeping with the character of the community Councilman Black replied that there is no restriction on who can apply for a rezoning. Bruce Chapman, 1865 Larpenteur inquired if rezoning of this nature would be considered spot rezoning and would b e in violation of the City~s comprehensive plan. A question was also asked pertaining to the application for a variance and conditional use permit for this same development, and also if there had been a written report submitted by the Falcon Heights Planning Commission on file. Attorney Kenefick stated that the City Ordinance does not require a written report of the Planning Commission, it only requires that the Commission study the request and make a recommendation to the Council, as was done in this case. He also stated that a comprehensive plan provides for future development and does. not bind a City to a particular zoning plan. Al Englehart, 1927 Autumn, asked if this issue could possibly be put to the people as a referendum in a special election, because it affects all of the residents in Falcon Heights. Attorney Kenefick stated that there were no provisions in the City Ordinance stating that rezoning petitions are to be submitted for a referendum and therefore, the authority to rezone rests with the Council. Bi11 Iiueg of the University of Minnesota, Director of Experimental Stations, was present and stated that some residents of the City have approached the University inquiring if they were interested in purchasing th e Hermes property. He stated that the University is not at the present time considering purchasing any more land in the City and it is not interested in this particular piece of property. Reverend A. G. Lewis, 1987 Autumn, stated that he felt there should be some indication from the audience as to how they felt about the proposed rezoning. Curtis Larson, 1885 Tatum, inquired how the runoff on the property would be contained when the holding pond reaches its full capacity, and also stated that he feels the developers have not given satisfactory reasons as to why they are applying for rezoning at this time. Chet Saunders inquired what would be considered spot rezoning. s~ Attorney Kenefick replied that there is no exact definition of spot rezoning. George Kilgriff, 1739 Tatum, inquired what size the watermains are in this area, and what the fire chief would consider adequate. Chief Helbig stated that they are twelve inch mains with approximately 60 pounds of pressure and that he feels this would be adequate. Questions regarding the storm and sanitary sewer systems capacities and the drainage study report were answered by the City Engineer. Reverend A. G. Lewis asked if this proposal would have any adverse affect of the surrounding property. Tor. Cooperman answered that he felt any developments or redevelopments had some kind of adverse affect on surrounding property. Mr. Moder explained at this time they are not spot rezoning, that they are taking two areas which are zoned differently and rezoning them to one use. Mayor Warkentien explained that the Council had hop ed to have an overall plan worked out for the rezoning of all the property in this area, but that no proposals were completed at this time. Mr. George, 17.8 Tatum, suggested that a traffic survey be made during the school year which would show increased amount of traffic on Laroenteur Avenue due to students going to the University. Councilman Black corrected the Planning Commission minutes which stated that it felt 35 units per acre in density was too high. The request is for 26 units per acre. Mr. Cooperman explained that the plan was to go up instead of having urban sprawl. He stated that a building of five stories would provide more open space and green grass then a three story building spread over the grounds. Chet Saunders inquired if th ere was any stipulation requiring a green or open space barrier between the ar~artments and the adjacent property owners. Attorney Kenefick inquired if permission was received from the T~amsey County Highway Department to utilize existing entrances on and off Larp enteur Avenue. Mr. Heglund replied that there were no objections on the part of the County. Bev Boekerman, 1773 Tatum, stated that she felt with an apartment complex of this type there are bound to be a lot of domestic problems and asked that the Council consider the saf ety factor of the residents of the City and future residents of the apartment complex. ~~ A count of hands of people living adjacent to the property being considered for rezoning, showed seven for~the rezoning, 26 opposed. A count of hands of all residents of the City, showed 17 for the rezoning, 62 opposed. Councilman Black stated that the Comprehensive Plan of the City had been adopted in 1961 and that he saw no dufficient reason to change this plan and that insufficient inf ormation was supplied regarding ingress and egress, density and other facotrs. Amore modest plan could be considered for the parcel of property. Councilman Black moved, seconded by Councilman Steele, that the application for rezoning of the Hermes property be denied. Upon a vote being taken thereon, the follot~*ing voted in favor thereof : mayor TrTarkentien, Councilmen Black, Ecklund, Steele and Labalestra. T•4otion unanimously carried. Councilman Ecklund moved, seconded by Councilman Black, to deny the request for a conditional use on the Hermes property. Upon a vote being taken thereon, the following voted in favor thereof : Playor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra. T~Iotion unanimously carried. Councilman Steele moved, seconded by Councilman Labalestra, to deny the request for a variance on the Tiermes property. Upon a vote being taken thereon, the following voted in favor thereof : rlayor ti,TarT:entien, Councilmen Black, Ecklund, Steele, and Labalestra. Motion unanimously carried. Councilman Black moved, seconded by to adjourn the meeting at 10:16 P.T~"_. s~ Councilman Labalestra, ADJOURN?-2E^TT TTotion carried. T;JILLIS C. A. WARKEPdTIETd, Mayor Attest: > > ewan B. Barnes, Clerk-Administrator Special Meeting of July 1, 197? 1