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HomeMy WebLinkAbout1973-02-12 Evironmental Quality Commission Meeting MinutesENVIRONMENTAL QUALITY COMMISSION February 12, 1973 Council Room - Edina Village Hall Robert Sandilla called the meeting to order with the following members present: Bob Sandilla John Telfer June Schmidt James Bentley Ron Hays Earl Carson Carol Beim Don Johnson Staff present: Gary West, Robert Dunn, Harold Sand. Corrections were made to the minutes of January 10, 1973 and approved as amended. OLD BUSINESS A. Outlot A, Gleason Third Addition. Gary West gave a short report on Council action concerning the replatting of Outlot A, Gleason Third Addition. He re- ported that the proposal had received approval by the Council, subject to the granting of property along Nine Mile Creek. The proponent would be permitted to fill a portion of the pond but no more than 20% of the flood plain. He further stated that he questioned whether the site would be buildable under the provisions of the new flood plain ordinance which had just been approved by the Village Council at its last meeting. He stated that such a determination would be made at the time a building permit was applied for by the owner. B. Water Testing. It was reported that no further action had been taken on this item as of yet. The Commission requested the staff to contact Mr. Meyer to make the preparations for instruction in the testing procedures to be used. C. Recreational Area - 41st & Lynn. June Schmidt reported that a group of interested citizens had met at Miss Hertog's home on February 8th to discuss the 41st & Lynn proposal and to attempt to reach an agreement for changes to be made along the lines suggested at the January 10th meeting. There was a general consensus at the meeting to keep the area as natural as possible and to provide observation areas for wild life. They further recommended that there be no permanent ponding in the area. It was agreed that the Village Engineering Department would prepare a grading plan following the general suggestions of the area residents and have this for consideration at the special meeting to be held February 28th. D. Sound Pollution Committee. Mr. Sandilla reported that he was holding further suggestions for appointments until a determination had been made by the Village Council on the continued existence of the Environmental Commission. E. Flood Plain Ordinance. Mr. West reported that the Flood Plain Ordinance had received final approval by the Council at its January 15th meeting. He ENVIRONMENTAL QUALITY COMMISSION - 2 - February 12, 1973 further reported that this ordinance had changed considerably since the EQC had last had an opportunity to review it; however, most of the changes that had been made were to strengthen the ordinance and to comply with Department of Natural Resources requirements. NEW BUSINESS Karl Krahl Rezoning R 1 PRD 3. Mr. West, referring to the staff report dated February 12, 1973, advised the Commission that this proposal was being presented to them at their request and at the request of the Village Council. The proposal is to rezone a 7.75 acre parcel of property in western Edina to permit a 93 unit luxury type apartment building to be constructed at the base of the hill along Vernon Avenue. The Commission was advised that there would be some cutting into the hill and that a considerable amount of retaining walls would be required because of the steep slope. The Commission was advised that the Planning Commission had given concept approval of this proposal at its January meeting. Mr. West went on to say that there was a considerable amount of resident interest in the project. He stated that the questions before the EQC were (1) does the present proposal provide adequate safeguards for protec- tion of the environment for permitting a reasonable use of the property or can adequate safeguards be provided to accomplish this task, and (2) does develop- ment of the site in a reasonable manner so destroys the ecological balance of the neighborhood and the Village, that it is in the best interest of the Village to purchase the property to preserve it in its natural state. Mr. West stated that it was the staff's opinion that the concept proposed by the proponent was a reasonable one, justified, in view of the difficult slopes, soils and amount of tree cover on the site. The hill and the majority of the trees outside of the building perimeter would be retained in its present state, providing sound buffing deemed necessary by the area residents. Furthermore, that the staff did not consider the property of significant ecological value for the Village to expend the tax dollars necessary to purchase it and preserve it for the benefit of a single neighborhood area; and that if the homeowners in the neighborhood desired the property to remain in its present state, that the Homeowners' Association could purchase the property from the owner and provide for its maintenance. In conclusion, the staff recommended that concept approval be given the proposed development provided that final development, grading plans and detailed proposals for the construction of retaining walls and other erosion control devices be presented and approved by the EQC prior to the issuance of final approval by the Village Council. And furthermore, that the EQC express its willingness to call a special meeting, if necessary, to review said plans to avoid any unnecessary delays in final Council approval. Mr. West introduced Stan Taube, the attorney for the proponent Dynamic Develop- ment, Inc. Mr. Taube gave a brief history of their involvement with the site and the actions that had been taken by the Planning Commission at its January meeting. He introduced Mike Winer of Kronsky-Krank Architects, who went into detail about the proposal with regard to its size, layout, lot coverage and ENVIRONMENTAL QUALITY COMMISSION - 3 - February 12, 1973 attempts to preserve the natural amenities of the site. Several questions were asked by various Commission members as to the use and design of retaining walls, setbacks and retention of trees on the site. Mr. Winer explained that detailed plans had not been prepared at this stage of the proposal to answer all of the detailed questions concerning slopes, cut and fill, exact building location, etc. He went on to explain that under the PRD ordinance much of this information was not required at the concept approval stage, but only when the final development plans were being presented for approval prior to granting of the rezoning. Mr. Sandilla requested a clarification from the staff on the meaning of concept approval. Mr. West explained that under concept approval the developer was re- quired to present certain schematic drawings of his proposal. If, in the view of the Planning Commission and Village Council, the proposal was a logical land use and complied with the zoning ordinances, concept approval would be given. The developer would then prepare detailed plans of the project, which would then be returned to the Planning Commission and Council for their approval. He stressed that "concept approval" means approval of the idea only, not of the exact size, shape and placement of the buildings on a site. Furthermore, that concept approval did not amount to rezoning, but that a rezoning could be denied by the Council at the final approval stage. Robert Kasbohm, 6147 Artic Way, read to the Commission the definition of concept approval contained in Village Ordinance 811. Mr. West replied that he did not really see any difference in the definition he had offered and that contained in Ordinance 811. Several residents spoke in opposition to the proposed rezoning and development, basing their opposition on the density, the effect that cutting into the hill would have upon the trees and possible soil erosion, the alleged historical significance of the site, and that it was one of the last oak groves in Hennepin County. Various members of the Commission expressed concern over the accuracy of the typographical data presented by the proponent and stated that they did not feel they could give the matter a fair hearing without more data as to the environ- mental impact on the site. Jim Bentley suggested that the Village has really two alternatives, permit someone to build on the site or to purchase the site. Ron Hays asked if it would be possible for the developer to provide an environ- mental impact statement plus inventory of the trees to be removed due to con- struction, calculations and delineation of cut and fill for the proposal, a front view elevation and a certified copy of the typographical survey used in their proposal. If this were provided, he suggested that the Environmental Quality Commission should perhaps hold a special meeting to go over this data and come up with a recommendation for the Council prior to their March 5th meeting. Mr. Taube agreed that they would attempt to provide some statement of the environmental impact and other such data as is economically possible. Robert Sandilla moved and John Telfer seconded that the EQC deny the requested ENVIRONMENTAL QUALITY COMMISSION February 12, 1973 concept approval until the proponents provide sufficient information to the Environmental Quality Commission to make an intelligent analysis of the pro- posal and its effects upon the environment. James Bentley offered an amend- ment to this motion to defer EQC action until such information was available. The amendment was approved unanimously and the motion carried unanimously. Ron Hays moved and Earl Carson seconded that a special meeting to hear the Karl Krahl proposal be set for February 28th at 7:30 P.M. in the Village Hall. Motion seconded, motion carried. COMMITTEE REPORTS A. Planning Commission. Due to the absence of the Planning Commission repre- sentative, Clifford Johnson, no report of Planning Commission activities was given. B. Water Resources. Mr. Telfer reported that he had requested that the Department of Natural Resources send any model ordinances that they had for soil erosion, to be used by the water resources and soil erosion committees. C. Solid Wastes. James Bentley presented a written report from the solid waste committee and advised the Commission that a solid waste collection station was to be opened March 10th at the Edina Public Works Building. This center would be operated each Saturday by various civic groups in the Village. D. Land Resources. June Schmidt requested that everyone read the open space committee report that they had received and announced a Metro Open Space hear- ing to be held March 1. E. Air Quality. Earl Carson distributed copies of the Metro Clean Air Committee's evaluations of bills presented to '73 State Legislature concerning air pollution and suggested requirements by the PCA for reducing air pollution. F. Soil Erosion. Due to the absence of Clifford Johnson, there was no report from the soil erosion committee. G. Education. Carol Biem reported that she had no report for this meeting. H. Other. John Telfer questioned the status of Mud Lake task force to be appointed by the Council. He was advised that the task force had been appointed and that they had held their first organizational meeting. Adjournment. There being no further business, the meeting was declared ad- journed upon the motion of June Schmidt and the second of Jim Bentley. ENVIRONMENTAL QUALITY COMMISL,I.ON February 12, 1973 Council Room - Edina Village Hall Robert Sandilla called the meeting to order with the following members present: Bob Sandilla John Telfer June Schmidt James Bentley Ron Hays Earl Carson Carol Beim. Don Johnson Staff present Gary West, Robert Dunn, Harold Sand. —Corrections-wars-made to the_minutes_of_Jannary 10 ,1973 and approved as amended, OLD BUSINESS A. Outlot A, Gleason Third Addition. Gary West gave a short report on Council action concerning the replatting of Outlot A, Gleason Third Addition. He re- ported that the proposal had received approval by the Council, subject to the granting of property along Nina Mile Creek. The proponent would be permitted to fill a portion of the pond but no more than 207. of the flood plain. He further stated that he questioned whether the site would be buildable under the provisions of the new flood plain ordinance which had just been approved by the Village,Council at ite last meeting. He stated that such a determination would be made at the time a building permit vas applied for by the owner. B. Water Testing, It was reported that no furthee action had been taken on this item as of yet. The Commission requested the staff to contact Mr. Meyer to make the preparations for instruction in the testing procedures to be used. C. Recreational Area - 41st Silme June Schmidt reported that a group of interested citizens had met at Miss Hertog's home on February 8th to discuss the 41st & Lynn proposal and co attempt to reach an agreement for changes to be made along the lines suggested at the January 10th meeting. There was a general consensus at the meeting to keep the area as natural as possible and to provide observation areas for wild life. They further recommended that there be no permanent ponding in the area. It was agreed that the Village Engineering Department would prepare a grading plan following the general suggestions of the area residents and have this for consideration at the special meeting to be held February 28th. D. Sound Pollution Committee. Hr. Sandilla reported that he was holding further suggestions foi appointments until a deterednetion had been made by the Village Council on the continued existence of thy Environmental Commission. E. Flood Plain Ordinance. Mr. West reported that the Flood Plein Ordinance had received final approval by the Council at its Jlnuary 15th meeting, He ENVIRONMENTAL We `.1'Y COMKISSIOe A.973 further eaporeee that thin erdieenee had ehaeard eensiderehly einee eee Esq had last. had an cpportunity to revtew it; however, most of the change e that had been made were to strengthen aAre ordinance end to comply with ,tea rtment of Natural Resources requirements. NEW •EUSINee e earl Krahl Rezoning R lee PRD 3. Mr. West, eoftering to the stafe raeore dated February 12, 1973, advised the Comniesien that thin peoposae eee being presented to them at their request and et the reeueat of the Villele Ceencil. The proposal is to rezone a 7.75 acre parcel ef property in western edeea to permit a 93 unit luxury type apartment buildieg to be coeltructee at tee base of the hill along Vernon Avenue. The Commiseion wee sdvesed thet there would be some cutting into the hill and that a conledevaele amount of reteenine wales 'could be required because of the steep slope. The CoMiS3i0A. was aeeined thee ehe Planning Commission had given concept eppeoeal of this proposel ee January meeting. Mr. West went on to say thee there waa a consieeraele amouce of resident interest in the project. He etated that the leftatione before the EQC were (1) does the present proposal provide adequate sefestuardt fer protec- tion of the environment for permitting a reamouable use o the prepeety or cer. adequate safeguards be provided to accomplish this tach, and (2) eoee develop- ment of the site in a reasonable manner so deetroye tee eeologiee belence of the neighborhood and the Village, that it is en the: best eetereet of the VillEee se purchase the property to preserve it in ies eateral state , Mr. West stated that it was the ataft's opin!cirt thet eencee.eroeosed by the proponent was a reasonable one, justified, in vie'v o! the eiffecelt slopes, soils and amount of tree cover on the site. The hill and the majcriey of the trees outside of the building perimeter would be retaened in it pre; ent state, providing sound buffing deemed necessary by the erea easidente. Fueehermore, that the stafa did not consider the property of significant ecologicel value for the Village to expend the tax dollars necessary to perchaae it aid preserve It for the benefit of a single neighborhood area; end that if the honacwnere tu the neighborhood desired the property to remain in its present state;, that Homeowners' Avsociation could purchase the property from the owner add provide for its maintenance. In conclusion, the staff recemmeeded that coecept approval be given the proposed development provided thet final development, grading plEa3 and detailed proposals for the construction of esteineng wells and other ercoice control devices be presented and approved by the EN prior to the issuance of final. approval by the Village Councie. And furthermore, tett the EiSe express its willingners toe call a special meeting, le rescersary, to eeviee arid plans to avoid any unnetessary delays in final Council appreeal, Mr. West introduced Stan Tautest', the attorney for tee eeopeocne Delsoee Develoe- mont, Inc, Me. 'retest awe a brief history of tZvaix ievolveeent with eee stte and the =dors that had been taken by the nannies. Comadeeien ee It eenuary meeting. He I roduced Mice Winer of Kronsky-Kraae Archileceo vee eeee into detail about the peoposal with regard to its elze, yout. N-rva,r. and ENTWANAeETAL QUALITY COMMISSION Febroery 12 1973 mtenmetate preserve the natural amenitiee of the site. Several qiestiene were eehed hy verioue Commission members as to the ase and design of retaining walls, seebecke and retention of trees on the site. Mr. Winer explained that detailed plane had not been prepared at this stege of the propoaal to answer all of the deteiied quotations concerning slopes, eut and fill, exact building location, etc. H& newt on to emplain that undef the Ihin ordinance much of this information was uoe eequired pit the ooncept appeovel eetge, but only when the final development plank were being presented for approve) prior to granting of the rezoning. Mr, h'eliiita revested a clarification from the staff on the meeeing of concept: appiereal, Hr. Wast explained that under concept approval the developer was re- quired to preeent certain schematic drawings of his proposal. if, in the view oi he Plannins Cmomission and Ville:age Council, the proposal vas a logical land use and complied with the zoning ordinances, concept approval woutd be elven. The developer would :)scan prepare detailed plans of the project, which would then he rerurned to the P3aening Commission and Council for their approval. He s-reeied that heooeepe approval" means approval of the idea only, cot of the ease size ebape and placement of the buildings on a site. Furthermore, that coeeeet approval did not amount to rezoning, but that a rezoning could he denied by _he Council at this final approval .stage. Robert Kashohm, 6147 Artie Way, reed co the Commission the definition of concept approval contained in Village Ordinance 811. Mr. West replied that he did not really see any diffetenee in the definition he had offered and that contained in Ordinance eu. Several reeidenta epoke in opposition. to the proposed rezoning and development, basing their epposition on the density, the effect that cutting into the hill would have upon the trees and possible coil erosion, the alleged historical significance chi the Fite, end that it was one of the last oak groves in Hennepin County. Various members of the Commission expressed concern over the accuracy of the typographical data presented by the proponent and stated that they did not feel they could give the mateer a fair hearing without more data as to the environ- mental impact on the site, jim Eentlee suggested that the Village has really two alternatives, permit someone to build on the site or to purchase the site. Ron Hays asked if it would be possible for the developer to provide an environ- mental impact eattement elms inventory of the trees to be removed due to con- struction, calculations and delineation of cut and fill for the proposal, a front view elevation and A certified copy of the typographical survey used in their•proposal. If'this were provided, he suggested that the Environmental Quality Commission should perhaps held a special meeting to go over this data and come up sath a recommendation for the Council prior to their March 5th meeting. Mr. Taube agreed that they 'imuld attempt to provide some statement of the environmental impact and othee vcb data as is economically poesible. icObert: Sandilia moved and John Telfe mhaded that the EQC deny the requested 6'1 ENVIRONMITAL QUALITY COMMISSION February 12, 1973 concept approval until the proponents provide sufficient information to the Environmental Quality Commission to make an intelligent analysis of the pro- posal and its effects upon the environment. James Bentley offered an amend- ment to this motion to defer EQC action until such information was available. - • The amendment was approved unanimously and the motion carried unanimously. • Ron Hays moved and Earl Carson seconded that a special meeting to hear the Karl Krahl proposal be set for February 28th at 7:30 P.M. in the Village Hall. Motion seconded, motion carried. COMMITTEE REPORT-S A. Planning Commission. Due to the absence of the Planning Commission vilyre- sentativa, Clifford Johnson, no report of Planning-Commission activities was given. B. Water Resources. W. Telfer reported that he had requested that the Department of Natural Resources- send any model ordinances that they had for soil erosion, to be used by the water resources and soil erosion committees. C. Solid Wastes.' James Bentley presented a written report from the solid waste committee and advised the Commission that a solid waste collection station was to be opened March 10th at the Edina Public Works Building.. This center would be operated each Saturday by various cLvic groups in the Village. D. Land Resources. June Schmidt requested that everyone read the open space committee report that they had received and announced a Matro Open Space hear- ing to be held March 1. E. Air QualiSLI Earl Carson distributed copies of the Metro Clean Air Committee's evaluations of bills.preeented to '73 State Legislature concerning air pollution and suggested requirements by the PCA for reducing air pollution. F. Soil Erosion. Due to the absence of Clifford Johnson, there was no report from the soil erosion committee. G. Educations Carol Bien reported that she had no report for this meeting. H. Other. John Telfer questioned the status of Mud Lake task force to be appointed by the Council. He was advised that the task force had been appointed and that they had held th4Air first organizational meeting. fAinspietat. There being no further business, the meeting was declared ad- journed upon the motion ol June Schmidt and the second of Jim Bentley.