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HomeMy WebLinkAboutPL MINUTES 05161995 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII ioiuz Box: 19 Folder: PL MINUTES AND AGENDAS 199S Document: PL MINUTES 05161995 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING MINUTES 3 MAY 16, 1995 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 6 7:02 P.M. 7 II. ROLL CALL. 8 Commissioners present: Bergstrom, Makowske, Horst, Faust, Franzese, and Thompson. 9 Commissioner Gondorchin arrived at 8:35 P.M. 10 Commissioners absent: None 11 Also present: Michael Mornson, City Manager and Kim Moore-Sykes, 12 Management Assistant. 13 III. APPROVAL OF MAY 16, 1995 PLANNING COMMISSION AGENDA. 14 Chair Bergstrom asked if there were any additions or changes to the May 16, 1995 Planning 15 Commission agenda. There were none. 16 III. APPROVAL OF APRIL 18, 1995 PLANNING COMMISSION MINUTES. 17 Motion by Franzese, second by Faust, to approve the Planning Commission minutes of April 18, 18 1995 with the following changes: 19 Page 6, Line 2: change had to "has", was to "is", and add after visible "and distracting". 20 Page 17, Line 1 and 2: delete all after the word funds. 21 Page 17, Line 5: the correct spelling for Melkerson is Wilkerson". 22 23 Motion carried unanimously. 24 IV. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO COUNCIL'S MAY 25 23, 1995 REGULAR MEETING. 26 Commissioner Horst will represent the Planning Commission at the May 23, 1995 Council 27 Meeting. 28 V. PUBLIC HEARINGS. 29 Chair Bergstrom indicated the public hearings will be addressed individually with the first public 30 hearing regarding rezoning, then the public hearing regarding the subdivision of the property will 61 be addressed. He noted the order of discussion will be: staff report, applicant comments, 32 commission questions, and then public comments. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 2 1 A. Bruce Nedegaard, for XXXX Fordham Drive, rezoning. 2 At 7:07 P.M. Chair Bergstrom opened the public hearing for a site rezoning for XXXX Fordham 3 Drive. 4 Management Assistant Kim Moore-Sykes explained Nedegaard Construction Company, Inc. has 5 submitted a petition for rezoning of a parcel of land known heretofore as Mounds View Acres, 6 Second Addition, from R-1, Single Family District to R-2, Two Family District. Mr. Bruce 7 Nedegaard, owner of Nedegaard Construction, Inc. has acquired the back portion of 4001 8 Fordham Drive, and the vacant lots behind 3929 Fordham Drive, 3921 Fordham Drive and a 9 portion of the vacant lot behind 3917 Fordham Drive in order to construct a proposed twin 10 homes project that will be southwest of the Evergreen Townhomes. 11 Moore-Sykes indicated by allowing the rezoning of this parcel of land, Mr.Nedegaard's project 12 will benefit the City in a number of ways. Rezoning this area will allow development of these 13 vacant lots; the proposed project will increase the tax base of the City; and will provide alternate 14 living options for those people who no longer want to live in a single family residence or for 15 those who are first time home buyers. 06 Moore-Sykes stated staff recommends the approval of the rezoning of this R-1 zoned parcel to an 17 R-2 zoned parcel. 18 Commissioner Franzese asked, if in order to replat, does the entire parcel including the site of the 19 two single family homes. Moore-Sykes indicated Lots#15 and#16 will continue to be zoned R- 20 1, Single Family, only the property with the proposed townhomes would be rezoned. 21 Mr. David Newman, Vice-President Nedegaard Construction, reviewed the site and indicated the 22 request for rezoning is for only fourteen lots. He indicated each unit will be approximately 1400 23 square feet with a cost of approximately $130,000 and up. 24 Mr.Newman indicate there is a proposed storm retention pond on the northeast portion of the lot. 25 He noted the requirement for filing application with Rice Creek Watershed District is in process 26 and the district is scheduled to review the application the following week. 27 Mr. Newman indicated the applicant is also requesting Tax Increment Financing from the City. 28 Mr. Newman noted the covenants are similar to those presented with Evergreen. 29 Commissioner Franzese indicated she had met with a resident of Evergreen and noted their 30 concerns regarding Evergreen. The resident's concerns were: inefficient parking and inefficient •1 green space. Commissioner Franzese asked if those issues are addressed with this project. Planning Commission Regular Meeting Minutes May 16, 1995 Page 3 1 Mr. Newman indicated there will be approximately one-third of the units as compared to 2 Evergreen, there will be double garages and parking by the garages. In regards to the green 3 space,he believed it would be more than Evergreen, but was guessing because the requirements 4 of the Rice Creek Watershed District have not been given as of yet. 5 Chair Bergstrom invited the public to address the applicant or Commission with any of their 6 questions or concerns. 7 Ms. Sandy Rogers, 4011 Fordham Drive read a letter from her husband who was unable to 8 attend. His letter addressed various concerns regarding: 9 *invasion of privacy at 3924 Fordham Drive, due to auto headlights shining into their 10 bedroom window. 11 12 *130 additional automobile movements, dangerous for children already living in the area. 13 *Fordham Drive is already used as shortcut from Silver Lake to New Brighton 14 Boulevard, and could not handle increased traffic a *excessive number of multiple family dwelling including: Windsor South and Silver 16 Oaks Condominiums, to the north; Evergreen on the east and Diamond A. MacAlster 17 Apartments and numerous double bungalows to the south. 18 *concern for future possibility regarding home owned properties becoming rentals: 19 His letter requested that the Planning Commission review proposed projects to be sure that they 20 are not restrictive of future developments nor ignore problems of the existing Planned Unit 21 Developments. 22 Commissioner Franzese inquired if Ms. Rogers would have any ideas for other uses of property. 23 Ms. Rogers indicated she was unsure and indicated nine years ago the land was proposed as park 24 use, which would be beneficial to the neighborhood. 25 Mr. Bob Gram, 4020 Fordham Drive, expressed concern regarding the development of a property 26 that is hard to access, simply for the increase of$23,000 in funds received by the City. 27 Mr. Gram indicated the $23,000 would be divided by approximately 8,000 residents, indicating 28 approximately $3.00 per residents. He did not feel the benefit was greater than the detriment to 29 the neighborhood. He believed the value of the properties would decrease with the addition of 00 the townhomes. ; r Planning Commission Regular Meeting Minutes • May 16, 1995 Page 4 1 In response to Commissioner Makowske's question, Mr. Gram indicated devaluation of property, 2 and increase in traffic would create impacts to the neighborhood that he felt were detrimental. 3 Chair Bergstrom inquired if there were any traffic studies regarding Fordham Drive. 4 Moore-Sykes indicated the study done in 1991 does not include Fordham Drive, because traffic 5 count reports Fordham was not busy enough to be included in the traffic study. Moore-Sykes 6 indicated the statistics she had were for Silver Lake and Silver Lane. 7 Ms. Diane Schroeder, 3929 Fordham Drive, indicated this project started because of the desire of 8 accessible homes. She noted that while she and-her husband, Tom, would benefit as a result of 9 the replatting of the property, she too was concerned about additional traffic, but perhaps a stop 10 sign would be a benefit. She indicated her wheelchair is her only means of mobility, and she 11 would like to see a stop sign to slow traffic on Fordham Drive. 12 Mr. Roger Zambinski, 4013 Fordham Drive, inquired as to why the property could not be 13 accessed from Silver Lane. Moore-Sykes indicated that the property is a self contained area and the option of access through Silver Lane, would be through the Evergreen property. She indicated the road through Evergreen 16 is a private road and the residents of Evergreen have indicated they did not want traffic through 17 their property. 18 Moore-Sykes indicated that as suggested by the State traffic study, there may not be as 19 substantial an increase in traffic to Fordham Drive. This will depend upon the residents of the 20 Townhomes. 21 Mr. Newman indicted Nedegaard Construction, Inc. has sold all rights to Evergreen,that 22 property was not designed for an expansion. He noted the applicant is willing to work with 23 Evergreen if they would allow a drive through, but that does not seem to be the desire of the 24 residents. 25 Ms. Linda Jessen, 3476 Silver Lane,president of Evergreen Townhomes Homeowners' 26 Association, indicated the road under discussion is a private road and the residents do not want 27 through traffic. 28 Ms. Norma Gordon, 4012 Fordham Drive, asked if the Commission had seen the property. She 29 felt there was not enough room for the project and suggested fewer buildings. 30 Ms. Gordon suggested Single Family homes be proposed. 4p1 Chair Bergstrom indicated he had walked the site. He noted the lot sizes are in accordance with 32 City code. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 5 1 Ms. Gordon inquired if this is a fair use of the land, she felt there were too many multiple family 2 dwellings in the area. 3 Chair Bergstrom closed the public hearing at 7:42 P.M. 4 Commissioner Makowske indicated he would like to see more traffic information, he noted some 5 questions are still unanswered as to the need of stop sign or other options. 6 Commissioner Horst indicated in reviewing options he felt this was the best use for the property. 7 In regards to the access to Silver Lane, there is no option for access and a the proposed access is 8 the only way to service a multiple family development. 9 Commissioner Franzese indicated in reviewing the Comprehensive Plan the area including the 10 Evergreen property is noted as industrial, which is even more incompatible than what is being 11 proposed. 12 Chair Bergstrom indicated the task is to find the appropriate zoning for the property. Commissioner Makowske indicated the R-2 zoning would be the most agreeable. He still questioned the detriment to the neighborhood of a townhome development. He indicated the 15 Commission has not heard a better use for the property. 16 Chair Bergstrom questioned the age of the homes on Fordham Drive. 17 Commissioner Franzese indicated the Evergreen site previous to the townhome development was 18 used as a dumping site and there were various vacant lots in the area with older homes in 1971. 19 A resident from the audience inquired as to how much it would cost to have the soil corrected, 20 and if the City was reimbursing the applicant for the entire cost. 21 City Manager Mornson indicated the totals have not been finalized as of yet, but would be 22 approximately $150,000 that the City would reimburse the applicant. 23 Commissioner Horst indicated in response to references that the townhomes would become 24 unsightly, he noted the townhomes would be owned by the occupants and there would be a 25 Homeowners' Association that would impose regulations upon the townhomes. 26 Commissioner Faust indicated if the Commission believes in the system, they have to review the 27 highest and best use for the property. He believed the highest and best use would be the 28 proposed townhome development. Commissioner Faust indicated in response to the comment of the area becoming park, a park qlo would not be an option due to the railroad. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 6 1 Commissioner Faust continued, in response to traffic, this would be an assumption that traffic 2 would increase to the detriment of the neighborhood. He noted a stop sign could be reviewed. 3 Commissioner Faust felt there would not be a devaluation of the surrounding homes, the units 4 would be $130,000 for each unit, probably higher than most of the surrounding homes. 5 Commissioner Faust commented that with the cost at$130,000 it would be most unlikely the 6 owners would rent the property out. He noted there would be procedures the owners would have 7 to go through before renting, including approaching the Homeowner's Association. 8 Chair Bergstrom indicated the Commission is only making a recommendation to the City 9 Council and they will give the final approval of the project. 10 Commissioner Thompson indicated he did not believe traffic would become a problem. He 11 believed if a project can be brought in to improve the area, it would increase the value of the 12 homes as compared to an empty lot. 13 Commissioner Makowske estimated the increase in traffic to be at 30%, but reiterated that would 14 only be an estimate. He still believed this would be the highest and best use of the site. 0 15 Commissioner Franzese agreed with previous comments of the Commission, that this is the 16 highest and best use of the land. She inquired if there would be a way to buffer the auto 17 headlights for the property to the east. 18 Chair Bergstrom also felt the proposed project to be the highest and best solution for the site. 19 Motion by Commissioner Faust, second by Commissioner Makowske, to recommend to Council 20 approval of the rezoning of parcel of land know as Mounds View Acres, Second Addition from 21 an R-1, Single Family District to R-2, Two Family District, on the basis that this is the highest 22 and best use of the property and zoning is compatible and is not incompatible with the 23 Comprehensive Land Use. 24 Commissioner Franzese asked for a friendly amendment, to direct staff to address the issues 25 regarding traffic and automobile headlights. 26 Chair Bergstrom suggested that those comments be forwarded to the City Council by 27 Commissioner Horst. 28 Motion carried unanimously. 29 Chair Bergstrom indicated this item will be reviewed by the City Council at their May 23, 1995 meeting and urged those concerned to attend that meeting. Planning Commission Regular Meeting Minutes May 16, 1995 Page 7 1 B. Property subdivision request for property known as Mounds View Acres, Second 2 Addition. 3 Chair Bergstrom opened the public hearing at 8:02 P.M. 4 5 Management Assistant Kim Moore-Sykes explained Nedegaard Construction Company, Inc. has 6 submitted a petition for subdivision of property known as Mounds View Acres, Second addition 7 into three parcels which would allow for the construction of six two family residential dwellings 8 and two single family dwellings. The two parcels for the single family dwellings are on 9 Fordham Drive and will have that street address. The third parcel will be used to construct the 10 proposed twinhomes project. 11 Moore-Sykes indicated staff recommends the approval of the subdivision of the property and the 12 replatting of this parcel, which will update the legal description, create two single family 13 residential lots on Fordham Drive and create a parcel large enough for the proposed construction 14 of the twinhome project. 15 Chair Bergstrom indicated he had spoken with Kate Drewry,representative of the Rice Creek `16 Watershed District, and she had indicated they have received application from the Nedegaard Construction Company and will be making their analysis in the near future. He noted the District 18 will hold a$2,000 bond already provided, until completion of the project and will not release 19 until they have had full inspection of the site. 20 Mr. Dave Newman, Vice-President of Nedegaard Construction Company, Inc., in response to 21 previous concerns indicated although occupancy is not restricted, the market for the townhomes 22 will be for older residents without children, or those who do not have children yet. He note this 23 will address several of the traffic concerns. 24 Mr. Newman, in response to the issue of the automobile headlights, the applicant will work with 25 the resident to resolve this issue. 26 Chair Bergstrom asked if the resident impacted, would be able to contact Mr. Newman with any 27 concern. Mr. Newman indicated that would be fine. 28 Mr. Newman, in response to concerns of the City Attorney noted that the Homeowners' 29 Association will be provided, the road will be a private road, all setback requirements are met, lot 30 size requirements are met, each unit will have private utilities, final plat will show drainage 31 easements, and evidence of title will be provided by final plat. 32 Mr. Newman indicated the plat meets all other City Code requirement and he believes the design is a good one. 34 Chair Bergstrom inquired if the railroad has any jurisdiction regarding setbacks. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 8 1 Moore-Sykes indicated she had contacted the railroad company and their only jurisdiction is to 2 the property line. 3 Mr.Newman indicated the only time there may be concern is when there is FHA financing, 4 sometimes there are requirements of setbacks from a railroad. 5 Commissioner Franzese inquired as to the entrance of the private drive. 6 Mr. Newman indicated the applicant has not received direction from staff as to an entrance 7 monument. 8 Commissioner Franzese asked if a fence could be added along Fordham Drive. 9 Mr. Newman indicated the developer is hesitant to adding a fence due visibility of the road. He 10 indicated they would prefer a stop sign. 11 Commissioner Faust inquired if speed bumps could be added. Mr. Newman indicated there would be an issue of liability and the applicant still prefers the stop 162 sign. 14 Commissioner Horst asked for the location of the common areas. 15 Mr. Newman indicated Lots 1 through 12 would be conveyed and Lots 13 and 14 would be 16 deeded to the Homeowners' Association and would be common areas. 17 Chair Bergstrom indicated an arrow on the landscape plan noting the emergency flow of the 18 detention pond. 19 Mr. Newman indicated the plan is still preliminary until the Rice Creek Watershed District has 20 given their direction, but the overflow would not be allowed to go into any other property 21 without consent. 22 Commissioner Horst asked if Lots 15 and 16 were for the Single Family homes. 23 Mr. Newman indicated Lots 15 and 16 are for Single Family homes with one being moved in and 24 one being constructed. 25 Chair Bergstrom asked if there would be any variances required for these Single Family homes. •6 Mr. Newman indicated there would be no variances requested for these homes. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 9 1 Commissioner Makowske inquired if the Fire Department had an opportunity to review this site 2 plan. 3 Moore-Sykes indicated she had contacted the Department and they had no concerns at this time. 4 Commissioner Franzese asked if the applicant has held a neighborhood meeting. 5 Mr. Newman indicated due to time restraints,the applicant has not held any neighborhood 6 meetings. 7 Commissioner Franzese indicated a neighborhood meeting would provide answers to the 8 residents that still had concerns. 9 Mr. Bob Rapp, 3924 Fordham Drive, inquired as to total number of Single Family homes on the 10 site. 11 Mr. Newman indicated there would be only two, and pointed the sites out on the map. Ms. Linda Jessen, 3476 Silver Lane,president of Evergreen Townhome Homeowners' Association, expressed concern for drainage onto the Evergreen property. 14 Ms. Jessen also expressed concern that children from the proposed site would migrate to the 15 Evergreen site, and danger of the two ponds on the Evergreen site would be an issue. She 16 suggested a visual separation of the properties would help address this. 17 Chair Bergstrom indicated according to the City Ordinance,the proposed property could not 18 cause any additional drainage run off onto the property of Evergreen. 19 Mr. Bob Gram, 4044 Fordham Drive, did not feel the resulting effects of the development upon 20 the neighborhood would be worth the benefits received by the City. 21 22 *Commissioner Gondorchin arrived at 8:35 P.M. 23 Chair Bergstrom indicated he did not know how to answer,he inquired if there were any 24 information regarding the detailed analysis of the Tax Increment Financing. 25 City Manager Mornson indicated these parcels were once in the Tax Increment District and they 26 will be put back in the District. The funds used will come from existing Tax Increment funds, so 27 the potential is there that the taxes be immediately be paid to the County, City, School District 28 and miscellaneous taxing districts. 419 Mornson indicated the guideline for the Tax Increment Financing will indicate in the year 2002 30 the area will benefit by $60,000. Planning Commission Regular Meeting Minutes May 16, 1995 Page 10 1 Mornson indicated the request by the applicant was for$260,000, but the City is only providing 2 $150,000. 3 Mr. Gram inquired if there has been borrowing for this project. 4 Morrison said the funds are already available, there is no borrowing for this project. 5 Morrison, in response to Mr. Gram, indicated that the money is set aside by Minnesota Statutes 6 for the use in Tax Increment Financing and can not be used for other projects. 7 Commissioner Faust indicated if the funds are not used, the City does not received them. He 8 noted the taxes received by the City do not cover the expenditures of the City. 9 Mr. Gram still believed the amount of money received by the City is insignificant and does not 10 cover the detrimental affect to the residents. His main point was the cost/benefit for the residents 11 is negative. 12 Commissioner Makowske indicated Mr. Gram feels the project is going to have a negative effect on the neighborhood, but how could the development of homes be more detrimental than an empty lot. 15 Mr. Gram indicated the units would be worth only $65,000 and that would be devaluating to the 16 neighborhood. 17 Commissioner Makowske indicated Mr. Gram misunderstood, each unit would be sold for 18 $130,000 or more. 19 Mr. Keith Gordon, 4012 Fordham Drive, inquired if a traffic study could be done by the May 20 23rd meeting of the City Council. 21 Morrison indicated that would not be the business of the City, traffic studies are done by the 22 County. 23 Mr. Gordon, inquired as to the soil correction, were there borings done. 24 Mr. Newman indicated studies had been done, and borings were provided to staff. 25 Mr. Gordon asked if the reimbursement by the City for soil correction is based on actual or 26 estimated cost. Morrison indicated the City has set a cap to the funds at$150,000. 28 A resident indicated the City does have a traffic counter and could hold a traffic study. Planning Commission Regular Meeting Minutes May 16, 1995 Page 11 1 Chair Bergstrom requested staff to do a traffic study and have the results for the Council by their 2 May 23rd meeting. 3 Chair Bergstrom closed the public hearing at 8:47 P.M. 4 Commissioner Horst indicated even after a traffic study is done, the numbers would still be 5 estimates and it would be difficult to quantify the results. 6 Chair Bergstrom indicated presumably there is a maximum to the capacity of traffic for the road. 7 Commissioner Thompson indicated if he lived on Fordham Drive he would welcome this type of 8 development. 9 Commissioner Makowske indicated he felt the development would have benefit to the 10 neighborhood. He urged the developer to hold a neighborhood meeting to answer questions of 11 the residents. 12 Commissioner Makowske indicated the headlights are still an issue, but if the developer is 3 willing to work with the residents, his concerns would be addressed. 46 14 Motion by Commissioner Faust, second by Commissioner Horst, to recommend Council 15 approval of property subdivision of property known as Mounds View Acres, Second Addition 16 into three parcels, with specific attention to: 17 * drainage and Rice Creek Watershed District requirements 18 * visual separation of property between Mounds View Acres and Evergreen Townhomes 19 * stop sign placed on 39th and Fordham Drive to address traffic concerns 20 * resident directly across from entrance to Mounds View Acres, be given consideration 21 regarding automobile headlights. 22 Commissioner Gondorchin inquired if there is concern with any site plan changes. 23 Mr. Newman indicated there would be no drastic changes other than custom designs,perhaps 24 patios, etc., but the overall appearance of the site plan would not change. 25 Motion carried unanimously. Chair Bergstrom indicated this item will be reviewed by Council at their May 23, 1995 meeting, 7 and urged those concerned to attend that meeting. Planning Commission Regular Meeting Minutes May 16, 1995 Page 12 1 Chair Bergstrom called a brief recess at 9:03 P.M. Chair Bergstrom reconvened the meeting at 2 9:12 P.M. 3 C. Rezoning request for Arnie Gregory, for 2926, 2930, 2938, and 3004 Old Highway 8. 4 Commissioner Makowske stepped down from the Planning Commission for this issue due to 5 conflict of interest. 6 Assistant Manager Kim Moore-Sykes explained Arnold Development has submitted a petition 7 for rezoning of 2938, 3004, and 2926/2930 Old Highway 8 to an R-4 zoning district. These 8 properties were originally know as the Mako Inc./Olson propertiesand the residential structures 9 were converted to rental units before the area was zoned. 10 Moore-Sykes noted out of consideration of the neighbors, Mr. Gregory is requesting that the 11 Planning Commission consider approving an R-3 designation rather than the original request to 12 rezone the property to an R-4. The City Attorney has indicated to City staff that a petitioner can 13 revise a zoning request to a lower zoning level during the public hearing but can not go up to a 14 higher zoning level. Moore-Sykes indicate with minor adjustments to the site plan and plat map, Mr. Gregory's 16 project meets all the height, area, density, front and sideyard setbacks and parking requirements. 17 He will require a variance for backyard setbacks, which will be addressed in a later public 18 hearing. He is also petitioning the City for Tax Increment Financing assistance to defray 19 demolition costs that estimate to be $30,000. 20 Moore-Sykes indicated after reviewing the developer's revisions to this project, the Staff 21 recommends the approval of the rezoning of this R-2 property to R-3, allowing for the 22 construction of owner occupied townhomes. 23 Mr. Arnie Gregory, of Arnold Development, indicated the site is difficult to develop and 24 believed this proposed development would be the best use for this site. 25 26 Mr. Gregory indicated as mentioned before, the townhomes would be for sale for owner 27 occupancy. 28 Mr. Jerry Mazzara, architect for the project elaborated regarding the site plan and described the 29 proposed development and townhome design,using diagrams. He indicated there would be 30 extensive landscaping, exceeding the City's requirements. 31 Commissioner Gondorchin inquired as to the fireplace. Mr. Mazzara indicated the fireplaces �2 would be gas units. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 13 1 Commissioner Gondorchin inquired as to why the site is unsuitable for Single Family homes. 2 Mr. Gregory indicated with the topography and the price of the land, it was not economically 3 feasible. 4 Commissioner Gondorchin inquired if there is concern with the cul-de-sac and emergency 5 vehicles. Chair Bergstrom indicated he had reviewed the plan with the Fire Department and they 6 had no concerns. 7 Commissioner Gondorchin inquired about a fire hydrant on the site. Mr. Mazzara noted a 8 hydrant on the site. 9 Mr. Gregory indicated he had held a neighborhood meeting and address various questions at that 10 time. 11 Ms. Robin Bednarz-Rovich, 3000 Croft Drive, indicted she felt this project proposed is a 12 wonderful alternative to the current apartments. 13 Ms. Bednarz-Rovich expressed concern regarding future development in the other near by sites, eand additional density. 15 Ms. Bednarz-Rovich indicated in regards to quality of life and free enterprise, she encouraged the 16 Planning Commission to weigh all aspects in their review of petitions. 17 Ms. Bednarz-Rovich indicated she felt the proposed plan was a good design, but was concerned 18 for green space on the site. 19 Chair Bergstrom closed the public hearing at 9:40 P.M. 20 Chair Bergstrom indicated this land use is compatible with the Comprehensive Land Use Plan. 21 Motion was made by Commissioner.Horst, second by Commissioner Faust,to recommend 22 Council approval of rezoning of 2938 Old Highway 8, 3004 Old Highway 8, and 2926/2930 Old 23 Highway 8, from an R-2 to an R-3 zoning district. 24 Motion carried unanimously. 25 Chair Bergstrom indicated this item will be reviewed by the City Council at their May 23, 1995 26 meeting, and he urged all those concerned attend that meeting. 27 D. Property subdivision for 2926, 2930, 2938, and 3004 Old Highway 8. q8 Chair Bergstrom opened the public hearing at 9:43 P.M. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 14 1 Management Assistant Kim Moore-Sykes explained the request for the subdivision of property 2 and the platting of 2926, 2930, 2938 and 3004 Old Highway 8. These properties were originally 3 known as the Mako Inc./Olson properties and the residential structure were converted to rental 4 units after the area was rezoned R-2. 5 Moore-Sykes indicated staff recommends the approval of the subdivision of property and the 6 replatting of this parcel, which will update the legal description and create a single parcel of land 7 for the proposed construction of the townhome project. 8 Commissioner Horst inquired as to the location of the current streets and alleys. Mr. Gregory 9 indicated the locations using the maps and diagrams. He noted the alley would be blocked at the 10 corner, but landscaped and kept available for emergency vehicles. 11 Mr. Gregory indicated the easement stops at the alley, they would like to keep the remainder of 12 the alley open for the residents, so they would have access to their properties. 13 Commissioner Gondorchin inquired as to parking. Mr. Mazzara indicated guest parking and 14 noted, the width of the street is 68 feet from curb to curb. Mr. Roger Braun, 3000 Rankin Road, indicated his property is north of the edge of the property 16 and he has an easement to the alley, or Lot 13 as noted. He indicated his access would be cut off 17 if the alley was landscaped at the corner. 18 Chair Bergstrom inquired if his lot was the only one impacted by the landscaping. Mr. Braun 19 indicated his lot would be the only one that would be prevented access, unless he backed up 20 approximately 100 feet to Croft Drive from his garage. 21 Chair Bergstrom inquired if the landscaping would be an infringement onto Mr. Braun's 22 easement. Mr. Braun believed the landscaping would be an infringement of his easement. 23 Mr. Jerome Grummier, indicated he felt the project was a very good project and he encouraged 24 the developer to stay with the proposed plan and block off the alley to prevent drive through. He 25 also suggested to prohibit truck use on the alley. 26 Ms. Vandarsrobik also supported the block off in the alley,this would prevent racing in the alley. 27 Mr. Gregory indicated if the alley remained open, the marketability would be limited for the end 28 townhome. He indicated he would work with Mr. Braun to resolve the issue. 29 Mr. Chuck Makowske, 3005 Croft Drive, indicated Lot 13 (alley) is owned by Mako and ep easements were given to the residents. He pointed the boundaries of Lot 13 on the diagrams. 31 Chair Bergstrom closed the public hearing at 10:06 P.M. Planning Commission Regular Meeting Minutes • May 16, 1995 Page 15 1 Motion was made by Commissioner Franzese, second by Horst,to recommend Council approval 2 for subdivision of property and the platting of 2926, 2930, 2938, and 3004 Old Highway 8. 3 Motion carried unanimously. 4 Chair Bergstrom indicated this item will be reviewed by the City Council at their May 23, 1995 5 meeting and urged those concerned to attend that meeting. 6 E. Backyard variance request for 2926, 2930, 2938, and 3004 Old Highway 8. 7 Chair Bergstrom opened the public hearing at 10:07 P.M. 8 Management Assistant Kim.Moore-Sykes explained the request for backyard variance for the 9 Arbors Townhome development. 10 Moore-Sykes indicated Mt. Gregory is requesting he be granted a 10 foot variance to the 11 backyard setback of the townhome development. 12 Moore-Sykes indicated staff recommends approval of the backyard variance request. 13 Mr. Gregory indicated due to the reconfiguration of the site the variance is requested for the 14 backyard setback. 15 Ms. Carol Barkley, 3003 Rankin Road, indicated the proposed development is a good design,but 16 the backyard setback should not be allowed. She indicated the backyard in question would face 17 her property's backyard. 18 Ms. Barkley inquired as to what type of guarantee would they have to develop the site as 19 proposed. 20 Mr. Greg Barkley, 3003 Rankin Road, indicated he agreed with his wife. He indicated if a buffer 21 could be created between the yards, it would not be as much of a concern. 22 Mr. Mazzara.indicated mature trees would be placed in that area and other options could be used 23 to alleviate any visual concerns. 24 Chair Bergstrom closed the public hearing at 10:21 P.M. 25 Commissioner Franzese complimented the developer on their presentation and the willingness to 26 work with the neighborhood. IR7 Commissioner Faust inquired if the Barkleys' would be satisfied with the developer's proposal 28 for additional screening. Ms. Barkley indicated if there was a guarantee, she would be satisfied. Planning Commission Regular Meeting Minutes May 16, 1995 Page 16 1 Mr. Mazzara indicated this would be identified in the landscape plan and approved by staff. 2 Motion was made by Commissioner Faust, second by Commissioner Thompson, to recommend 3 Council approve the backyard variance of 10 feet for Lots 1 through 8 due to the shape and the 4 topographical conditions of the parcel. 5 Commissioner Gondorchin inquired if added conditions could be added to guarantee the site plan 6 be developed as presented. 7 Commissioner Horst did not believe the Planning Commission could add that condition. 8 City Manager Momson indicated this has been done in the past, but could refer conditions to the 9 Council. 10 Motion carried unanimously. 11 Chair Bergstrom indicated this item will be reviewed by the City Council at their May 23, 1995 12 meeting and urged those concerned to attend that meeting. F. Zoning ordinance amendment regarding lot coverage. 14 Chair Bergstrom opened the public hearing at 10:32 P.M. 15 Commissioner Makowske rejoined the Planning Commission at this time. 16 Management Assistant Kim Moore-Sykes explained that staff was asked to research the 17 possibility of increasing lot coverage for R-1, R-IA, and R-2 zoning districts. 18 Moore-Sykes indicated staff recommends that lot coverage be increased from 30%to 35%. Lot 19 coverage will continue to include driveways and sidewalks. 20 Commissioner Faust indicated he understood this was not going to be discussed. 21 Commissioner Gondorchin indicated he was not in favor of increasing lot coverage. 22 Commissioner Horst felt this would give new homes more opportunity for building in St. 23 Anthony. 24 Various discussion was held regarding lot coverage and previous variances, it was concluded that 25 most all previous variances were for garages and did not address lot coverage. 46 Chair Bergstrom closed the public hearing at 10:42 P.M. Planning Commission Regular Meeting Minutes May 16, 1995 Page 17 1 Motion was made by Commissioner Horst, second by Commissioner Franzese, to recommend to 2 Council approval of the increase of lot coverage from 30%to 35% for R-1, R-IA, and R-2 3 zoning districts. 4 Vote: Commissioners Franzese, Thompson and Horst voted yes. 5 Commissioners Bergstrom, Makowske, Gondorchin and Faust voted no. 6 Motion failed. 7 G. Zoning ordinance amendment regarding adult uses. 8 Chair Bergstrom opened the public hearing at 10:43 P.M. 9 Management Assistant Kim Moore-Sykes explained in October, 1994, the City Council 10 discussed the possibility of amending the City's Code of Ordinances to include an adult use 11 ordinance in the event that someone may be interested in locating such a business in St. Anthony. 12 13 Moore-Sykes noted the Courts have indicated to local governments that they can only regulate, not restrict, adult use/sexually oriented businesses. The City Council, the City Manager, Staff and the City Attorney have been working to draft an amendment to the Zoning Ordinance that 16 will regulate these businesses. 17 Chair Bergstrom inquired if the restrictions are imposed, the only location for this type of 18 business is Apache. Moore-Sykes indicated it the only location available would be the Apache 19 Plaza and still meet the distance required in the proposed ordinance. 20 Chair Bergstrom closed the public hearing at 10:55 P.M. 21 Motion was made by Commissioner Franzese, second by Commissioner Horst, to recommend 22 Council approval of Ordinance regulating Adult Use and Sexually Oriented Businesses as 23 proposed by the City Attorney. 24 Motion carried unanimously 25 26 VII. MISCELLANEOUS. 27 A. Concept review of house to be moved onto Lot 16 of the Village Commons replat 28 (Nedegaard). 29 Management Assistant Kim Moore-Sykes reviewed the proposal for moving a single story, rambler-type house from property on Silver Lake onto Lot 16 of the Village Commons replat. q'i She presented a drawing of the home. 32 Planning Commission Regular Meeting Minutes May 16, 1995 Page 18 1 City Manager Morrison indicated this is for Planning Commission information, the Commission 2 would not need to take action on this item. 3 B. Tax Increment Financing Amendment. 4 Management Assistant Kim Moore-Sykes indicated in the Minnesota Statue 469.027, the 5 planning agency of a municipality is to receive a plan for redevelopment of an area for 6 consideration. Once the planning agency has reviewed the redevelopment plan an opinion shall 7 be submitted to the municipality in writing. 8 City Manager Morrison indicated this would not be a redevelopment of the taxing district. This 9 would provide for a list of areas to be redeveloped with Tax Increment, but the list would only be 10 an option, the City may or may not develop those areas. 11 Commissioner Faust did not feel comfortable with providing an opinion with something he did 12 not understand. 13 Chair Bergstrom indicated the Commission could give random comments or a Commissioner could review the information and make a presentation to the Commission and then provide comments. 16 Morrison indicated through the discussion held, the obligation of the Planning Commission is 17 met. 18 Morrison indicated various areas where funds are available in the Tax Increment District, but 19 could not be used if not identified before the deadline. 20 Commissioner Makowske did not feel comfortable with any comments. 21 Commissioner Franzese inquired as to those items not on the list. 22 Momson indicated changes could be made up to the public hearing on June 27, 1995, but the 23 City Attorney suggested doing any changes by 30 days prior. 24 Commissioners Faust and Gondorchin indicated they were not informed well enough to form an 25 opinion. 26 Mornson indicated the comments would be forwarded to the City Council. • Planning Commission Regular Meeting Minutes May 16, 1995 Page 19 1 VIII . ADJOURNMENT. 2 Motion by Makowske, second by Franzese, to adjourn the meeting at 11:22 P.M. 3 Motion carried unanimously. 4 Respectfully submitted, 5 Ruth McLaurin 6 TimeSaver Off Site Secretarial 7 barkley