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HomeMy WebLinkAboutPCMin_82Mar1_Public Hearing MINUTES PLAAINING COMMISSION MEETING~PLBLIC H'E'ARING March 1, 1982 The Planning Commission~Public Hearing was called to order at 7:00 P.M. by Chairman Al Stefanson. Stefanson, Olson, Wallin, Blomberg, Nilsen, Th'aldo, Labalestra and Mead. PRESENT Also present were Council Liaison Larson, Attorney Swanson, Engineer Lemberg and Planner Dale. ABSENT Bourquin. Harold Nilsen offered and John Labalestra seconded a motion for the adoption of Resolution 82-2 as follows: RESOLUTION 82-2 RESOLUTION 82-2 • A RESOLUTION RECOPJI?uIENDING THAT THE CITY COUNCIL ACCEPT THE PROPOSED PRELIMINARY STREET PLAN AS IDEI~TTIFIED BY SHEET N0. P-5 DATED JANUARY 18, 1982, AS PREPARED BY HAROLD J. WESTIN AND ASSOCIATES FOR THE AMERICAN SHELTER CORPORATION WITH RESTRICTIONS AS INCLUDED IN THE RESOLUTION Jerry Wallin stated that he felt the motion was premature since there was JERRY WALLIN no evidence at the public hearing that there would be a diminution of public health, safety or the general welfare or any testimony supporting a conclusion that there would be a diminution of property values or any devasting affect on the surrounding neighborhood. Harold Nilsen indicated that he went to the development in Arden Hills known as Arden View Court for the purpose of checking the traffic situation the morning of March 1. The traffic count on Nursery Hill Lane beginning at 6:115 A.M. until 8:00 A.M. revealed llil vehicles turning south, right turns, and !~8 vehicles turning north, left turns, for a total of 189 vehicles out of 360 units with one exit on Hamline Avenue. There is also an assumption that some residents car pool and 25 vehicles exited prior to 6:l~5 A.M. for a total of 2111 cars from 6:00 A.M. to 8:00 A.M. in the morning. Chairman Stefanson spoke in favor of the Resolution having given thought to the traffic problem that would be created on Tatum Street or in Falcon Woods. Therefore, if traffic would be directed westward toward Cleveland or to Roselawn, it would be a more acceptable approach. Stefanson also observed the development in Arden Hills and found that it does have more units than is being proposed by American Shelter Corporation with only one exit and one entrance. HAROLD NILSEN AL STEFANSON John Labalestra directed his comments to the traffic that would result JOHN LABALESTRA -2- on Tatum Street. He feels that with winter driving conditions, Tatum Street could not handle any more traffic exiting onto Larpenteur. If there is an ingress egress t o Cleveland, it would be more favorable for the project, and, therefore, he supports the Resolution. Don Mead is in favor of the Resolution if the traffic situation is resolved where there is no more traffic on Tatum Street. Mary Waldo questions when the traffic light on Prior would be installed. John Labalestra feels that since the Hewlett Packard development and the future development of the PUD project, it would be forthcoming within a short period. Emma Olson pointed out that Larpenteur Manor has 1!~!~ units with only one exit entrance and there does not seem to be a traffic problem onto Larpenteur whereas the proposed PUD project has 200 units. Since the Resolution brovides for an emergency exit and another possible exit, she is in favor of the Resolution. Following the discussion, the following voted in favor of the foregoing motion: Olson, Nilsen, Blomberg, Labalestra, Stefanson, Mead and V4~aldo, and voting against the same: Wallin. Motion carried to adopt the Resolution. Chairman Stefanson proceeded with the hearing advising the same foremat would be followed as in previous public hearings. He also pointed out • a change in the zoning--Ordinance #163 amended Ordinance #64, which should have been zoned R-1 on the Hawkins-Hermes property. There is no affect on the POD. Harold Westin did not have any objection to the P-5 Plan or to the Resolution, and will address questions asked after the Neighborhood Task Force presentations. Planner Carl Dale indicated that the safety factor of routing all the traffic to Larpenteur is satisfactory provided in the plan that Prior is left open only for emergency vehicles and that the easement also state that it can be used also for a general emergency such as accidents on Larpenteur~Prior, water pipes that might burst, utility work, etc. so that the street could be opened for a couple of hours to accommodate the neighborhood if regulated by the fire police department. Engineer Lemberg referred to the in-debth study that was requested on the utilities for the area under question. He has done a study of the sanitary sewer all the way to St. Marys and has found that the capacity of the existing sanitary sewer is more than adequate for the development. A more detailed report is contained in his February 25, 1982 letter to the Planning Commission. The waste water flows were examined and if the system is properly designed with the necessary percolation vaults or areas, the holding pond areas .and volumes are in proper retrospect with the plan that was done in 1971 and with the recent updating. He strongly DON MEAD MARY 1NALD0 EMMA OLSON AL STEFANSON HAROLD WESTIN, HAROLD WESTIN AND ASSOC. CARL DALE CITY PLANNER BRAD LEMBERG, CITY ENGINEER recommends that if the project were the proceed, that the water main on -3- • Cleveland Avenue be connected with the Falcon Woods system to strerghten water coming from two directions. In summary, the utilities are such that they can handle the future development. He also recommends that the Planning Commission request a performance bond so the project is completed as planned and carried out. Larry Stowe, representing the Neighborhood Task Force, felt that the Resolution as approved presented a sudden alteration to the plan. He presented a petition with 13Lt signatures from the Falcon Heights residents indicating that they urge that the application of American Shelter Corporation to develop the Hawkins-Hermes parcel be rejected for the following reasons: The average density of housing is too high, the proposed street access is unacceptable, the drainage and ponding of surface water is not properly addressed and there is inadequate buffering and berming on the west side of Tatum Street. The 1311 signatures represents 8!t people out of 87 households--one of which was away and one of which would not sign. This represents 97 percent support in the Tatum Street~Falcon Woods area. He also indicated the Neighborhood Task Force took a collection of funds for the purpose of professional consultant fees incurred as a result of presentations made. The response to the collection of funds was between 85 to 90 percent. He urges that the Planning Commission reject the proposal of American Shelter Corporation for this particular planned unit development. • Orlyn Miller, Wehrman Associates Planning Consultants, Golden Valley, addressed three primary points: (1) the basic concept of a PUD and the flexibility that it allows; (2) normal procedures and guidelines controlling the flexibility under PUD emphasizing the city's responsibility in the process; and (3) observations regarding the proposed development itself. He pointed out that PUD is intended to encourage creative and efficient development through a comprehensive planning approach. He feels the PUD offers flexibility and real opportunity for development both by the developer and from the communities' point of view; but, it is not a license to ignore reasonable planning principles and good design nor does it automatically imply density increases. The control of the community should increase not decrease in planned unit development because of the common good not only to the developer but to the community served. He showed several slides indicating the PUD concept. He reviewed the Falcon Heights PUD Ordinance and found it to be very liberal. If density and flexibility bonuses are to be considered, the PUD Ordinance should establish those guidelines. Most other municipalities have tighter ordinances for PUD. He considers very questionable the density increase as it was done in a very arbitrary manner. Therefore, he feels a rationale should be developed for what types of density increases should be provided, why, and what the relationship to the existing development should be. As far as the Falcon Crest proposal is concerned, certain elements of the design itself deserve additional scrutiny. Specific items that should be addressed include circulation, use relationship to existing development, recreational facilities, common open space, drainage storm water retention, and landscaping and screening. LARRY STOWE, 19511 AUTUMN ORLYN MILLER, UVEHRMAN ASSOCIATES PLANNING CONSULTANTS • -~1- John Bearden, Consulting Engineer, Comstock and Davis, addressed the issue of water storage on the site. Storm water storage on the site is a problem. A map showing high water (four acres) was presented and he recommended t hat thevuster should not be spread out over such a large area because of the maintenance required. Since the storage areas are connected together, when one fills it will overflow into another. When all storage areas are full, it will overflow onto the north/south streets and drain southerly to Larpenteur Avenue. He feels this will occur periodically. On the east boundary, the storage areas are abutted against residential properties without buffer and buffering should be considered in this area. The project is feasible; however, it is recommended that the storage of dorm water runoff be concentrated into smaller areas and that provisions be made so that water can slowly drain away between rainfall events by percolation and other means. This will minimize the problems with maintenance that will occur in the wet/dry zone. Whatever areas that are used for ground surface water should be in a drainage easement so that the city can come in if need be to police this area and perform this maintenance service if for some reason the homeowner's association does not complete the work. John Sirney, Principal Member and Vice-President, Zuber Architects, presented his information in slide format on community issues, PUD issues, neighborhood capability, project design and energy efficient design. The community issues are the broadening of the tax base, population increase and adequate utilities to the proposed development while the PUD issues encourage amore creative approach to the use of a land. He refers to a 1961 Ordinance, Section 1.l~.6, Paragraph 3, stating that the number of dwelling units for the entire site in the planned development category shall not exceed the total number permitted under the density control provisions for the district under v~ich the land is located. As far as neighborhood capability, does the project jeopardize the facilities of the park and should this proposed plan include recreational facilities within the site? With regard to project design; what is the hard data, what are the projections, and does the access to Cleveland actually exist? There is too much density with lack of open space, park areas, and recreational facilities. He is concerned with the ponding areas i.e. fencing. The solar issue was addressed by slides indicating how the condominuims would block the sun from the houses on Tatum Street during different times of the year. Inc inclusion, he feels the land. is very valuable and this should be weighed not only monetarily. He is in favor of the PUD concept and that it will respond not only to the landowner giving him a high return on his investment but the community can also gain by getting parks and open space. Gus Hard, 1937 Autumn, feels that there is a lack of dedication of the land for park and recreational purposes and therefore, there is a lack of the concept in general. It is the weakest aspect of the project as a whole. Referring to concepts, he means what can the property be used for and how can we best present and make that a useable functional relationship as far as the community is concerned. He refers to Ean McCard in putting together a design in that "There is no project until JOHN BEARDEN, ENGINEER, COA~STOCK AND DAVIS JOHN SIRNEY, VICE-PRESIDENT ZUBER ARCHITECTS GUS HARD, 1937 TATUM • -5- • you have studied the feasibility of that project itself." Feasib- ility - Financial, how is is going to be worked through and how is it going to be phased (are the dollars there?),and community acceptance, unless the community can accept the program, there is no program. He was concerned about the destruction of existing vegetative cover and felt the plan completely disregarded existing vegetation. Also, he feels that the ~t-1/2 acres plus of ponding areasvd.ll probably have to be fenced which will not make a park like appearance but water holes and parking lots. He feels the contiguous people should be able to use the property for a place to walk, bird watch and look at flowers. He wants the Planning Commission to look at the PUD as to what will be good for the residents of Fdcon Heights. • Jim Steiland, Attorney at Law, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., spoke to the legal ramifications of the PUD. He feels that the Planning Commission has the leverage to control the development and this control will be given away if the plan is approved. The developer will acquire rights that will put the planning Commission in a jeopardy position and in litigation which the Commission will lose. The second point he made was that the citizens were not given the opportunity to consider the traffic control issue that was passed by Resolution in the early part of this meeting. He felt it was a significant enough item that was changed that it may require a new notice and hearing. The City Attorney should address this issue before a final decision is made. Larry Stowe summed up by requesting the Planning Commission to reject the proposal of American Shelter Corporation for the PUD. Harold Westin indicated that some of the drainage areas will be there only 21~ to ~8 hours after a 100 year intensity rainfall and will return to grassy swales except for the ones that will be lined with impervious bottoms to recirculate the water. These amount to three permanent ponds with 18" fences, which will be covered with shrubbery. He feels that the land is a very valuable piece of land and is treated as such with their plan. The Resolution as adopted will be very workable within their plan with regard to traffic outlets. He would be willing to furnish a traffic signal at Prior as part of the project. Thomas Goodman, Attorney for American Shelter Corporation, pointed out that the present zoning is not practical--and everyone is in agreement with that. He points out that the density has to do with economics and there is a positive public need for housing. The plan is not arbitrary and is clearly defensible, not capricious and if challended, the victory would be on the part of the city. He agrees that the city has a great deal of leverage over the development and this has been exercised, he is in favor of the PUD, he disagrees with the financial strength of the developer, disagrees that the Commission needs more time to study the project and that the Commission should get on with the procedure since this is only a preliminary plan. He feels that the Commission should take affirmative action with restrictions as necessary. JIM STEILAND, ATTORNEY, POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. LARRY STOWE HAROLD ~NESTIN THOMAS GOODMAN, ATTORNEY, AMERICAN SHELTER CORP. • -6- Carl Dale indicated that his mind was not changed by the presentations of the other professionals. The PUD Ordinance is very similar as the other ordinances in many other villages. He felt most of the testimony related to procedures and could not find what specific harm this plan presented to the general community. Each plan as presented has been an improvement over the previous one and the city will not lose control because specific controls were set up with an open-ended PUD. He feels it is a good blan and worthy of consideration. Gus Hard asks Planner Dale why he felt the plan was a good plan from the beginning and with three improvements, it was still a good plan. Planner Dale answered that he had not changed his position and felt there was no need for the neighbors to hire professionals. • Engineer Lemberg again indicated that if the project were to be adopted that the access other than Larpenteur go to Cleveland as the plans at that time showed as an alternate method. All the work that was done indicated that the r~roject will require very technical design and with the review of the sanitary sewer, that information is valuable to the city for this designed project or any other project. It was his understanding all the way through the project that the nursery people were maintaining the right to remove the nursery stock from the area. Labalestra asked Engineer Lemberg if he considered future development along Larpenteur on both sides of Tatum to the capacity of the R-3 zoning. Lemberg answered that it had been considered for the present zoning. CARL DALE GUS HARD CARL DALE ENGINEER LEMBERG Orlyn Miller rebutted a couple of questions: More information could ORLYN MILLER have been included in the ordinance which would not have required an eight page document; arbitrary--there are no guidelines in the ordinance, and the existing zoning--he does not condemn it and it could be used as R-1. John Sirney again stated that the right to the sun will be denied to people who have enjoyed it for 30 to 1~0 years--those living on Tatum Street and to some of the townhouses within the development. Larry Stowe asked if negotiations had been finalized with the University regarding the leasing or purchase of the land necessary for an access onto Cleveland Avenue. He also asked if the access onto Prior Avenue thru Falcon Woods will remain an emergency access in years to come. Nilsen stated that the resolution as adopted was meant to protect the people in Falcon Woods and Tatum Street and asked whether some form of guarantee could be written. Discussion indicated that no such guarantee could be made and Attorney Swanson advised that you could not preclude future action by the City Council. The City Council has the power to condemn property and within that power is the power to condemn restrictions. JQHN SIRNEY LARRY STOWE • -7- • Harold Nilsen asked whether Attorney Swanson was satisfied with the NILSEN/ wording of the permit form. Attorney Swanson advised that the permit SWANSON was not yet in final form and the City Council has ample authority to regulate the use of the property and it can do that by permit as well as by the plans to be adopted for that property. When you approve a PUD, you approve a plan as well as a written statement on how to implement the plan. The plan includes the design, structures, etc. and when that is approved, it is in a sense a contract, although legally it is not. It is an ordinance on how the property can be used. The plan can be changed by action of the City Council but the property owner cannot change the -plan without Council consent. Jerry Wallin requested Attorney Swanson look at the Resolution earlier WALLIN/ passed to see whether or not its adoption constituted a defect in the SWANSON proceedings tonight so as to jeopardise the city-and subject it to litigation. dark Ascerno, 1871 Tatum, requested the plan be disapproved until a MARK ASCERNO guarantee can be made for an access onto Cleveland. 1871 TATUM Ray Garcia, 1906 Prior, asked that the Planning Commission accept the RAY GARCIA wishes of the people affected by the plan and reject the proposal 1906 PRIOR until a proposal can be reached that is satisfactory. Terry Brennan, President of American Shelter Corporation, indicated that TERRY BRENNAN, he is the purchaser of the Hawkins-Hermes property and he intends to PRESIDENT, • put the property to the best and highest use, a lawful use and a use AMERICAN that can be accommodated for the people who will buy the property. He SHELTER CORP. feels that the neighbors and the city will benefit from his use of the property. A project of his has just been completed in 'Nest St. Paul and it fits very favorable into the neighborhood. Mr. Brennan stated he intends to meet his financial obligations and that he has met them in the past. The initial fonder and takeout fonder has approved the design and layout. Tom Mc Gough asked Mr. Brennan if he could put up a performance bond. He answered he had the ability but it is very costly but will do so if it is a statutory requirement. Mark Ascerno offered pictures taken of the West St. Paul project and asked where the 200 mature trees were planted? Dick and Carolyn Gay, 1930 Summer, asked the total cost of the project. DICK AND They expressed their views on timings of documents, changes in plans, CAROLYN GAY, the tax base and building costs per square foot. 1930 SUMMER Mark Ascerno asked if American Shelter Corporation will indeed be the MARK ASCERNO builder/developer of the property. Thomas Goodman advised that if the plan is approved anyone could build on the property according to the specifications of the plan. Erma Olson moved to adopt the preliminary plan for the following ERMA OLSON reasons: • -8- • (1) Plan is in conformity with the comprehensive plan for the city, (2) Will assure the city of Falcon Heights that we keep our population above 5,000 (Metro Council announced new population estimates for 1981 and the certified figures indicated that the population decreased .from the census figures of 1980), (3) Will improve the city's tax base by 20 percent, (1t) Evidence submitted does not show reasonable potential for undue adverse affects upon existing adjacent and nearby housing, and (5) Density is appropriate for this area. Erma Olson moved and ti1'allin seconded the adoption of RESOLUTTON 82-3 A RESOLUTION RECOMIutENDING THAT THE CITY COUNCIL AP°ROVE THE REZONING OF THE PROPERTY KNOWN AS THE HAW'KINS-HERMES PROPERTY AND AS MORE SPECIFICALLY DESIGNATED BY THE IN- CLUDED LEGAL DESCRIPTION TO A PLANNED UNIT DEVELOPMENT DISTRICT A5 APPLIED FOR BY AMERICAN SHELTER CORPORATION ON DECEIvIBER 17, 1981 • Harold Nilsen requested Attorney Swanson's decision on whether the adoption of Resolution 82-2 was in fact a defect in the proceedings and Attorney Swanson advised it was not since Resolution 82-3 contained the modification as a restriction. Bob Blomberg questions whether a performance bond is part of the Resolution and Jerry UVallin indicated a performance bond was not a part of the preliminary plan. Mr. Stefanson advised it is something that the City Council could add on if it vuere approved tonight. Nilsen stated that the plan would be approved in principal and the details would be worked out at a later date. Chairman Stefanson speaks in favor of the Resolution. The plans have changed at each public hearing making it a more favorable plan. The density of under ten is what the Planning Commission felt was a workable density number. This project is very important to the city of Falcon Heights and to its future. It will increase the tax base considerably and the PUD method will give the City Council more control. He has listened very carefully to all the input given by the neighborhood task force at all the meetings and public hearings. Therefore, it makes the decision of the Planning Commission very difficult when the citizens surrounding the PUD are not in agreement. However, he has to think back to when he was appointed t o the Planning Commission by the City Council and at that time he took an oath to do what was best for the city of Falcon Heights, and be fair and open-minded. So, after six months of meetings and public hearings, he feels it is a good project-- especially with the street plan change--and will vote in favor of it. RESOLUTION 82-3 NILSEN~ SWANSON BOB BLOMBERG AL STEFANSON -9- • Walso asks a question about the report submitted by Engineer Lemberg and whether the Resolution includes his recommendations. Stefanson advised that both Lemberg's and Dale's recommendations were included. John Labalestra has one major objection to the plan as submitted and that relates t:o the density of the surrounding area in light of the people who live there and their expectations. However, in light of what is best for the city of Falcon Heights, the hope of building single family homes is not something that is in the future. He wishes there has been an opportunity for the builder and the citizens to meet to discuss the project. He is also voting against the Resolution because there are no recreational ammentities on the site; i.e. tennis courts, swings, etc. JOHN LABALFSTRA Harold Nilsen asked President Terry Brennan, American Shelter Corporation, NILSEN~ whether the plan could decrease the density and still be viable. He BRENNAN answered by stating that feasibility of financing is so very close both in construction and take-out financing that it is getting to a point where it is touch and go. He wn.ll consider the question by the 10th of March. Following the discussion, the following voted in favor of the foregoing motion: Olson, Nilsen, Stefanson, Wallin, Mead and 'rl+aldo, and voting against the same: Blomberg and Labalestra. Motion carried to adopt the Resolution. It will be passed on to the City Council for a public hearing on March 10th at 7:00 P.M. Chairman Al Stefanson thanked each member of the Planning Commission for their time spent on the project. Wallin moved, seconded by Labalestra that the meeting be adjourned at ADJOURN 11:15 P.M. Motion carried unanimously. ,~ ? ~ 1 .l~wl, , ,Derry Wallin, Secretary