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Home My WebLink About1998-10-28 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA PLANNING COMMISSION OCTOBER 28, 1998, 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS MEMBERS PRESENT: Chair, Johnson, Helen McClelland, John Lonsbury, Charles Ingwalson, Lorelei Bergman, Ann Swenson MEMBERS ABSENT: David Runyan, Geof Workinger, David Byron I. NEW BUSINESS: Leo Evans Request: Amendment to Final Development Plan, and Plat of Olde Vernon Mr. Larsen informed the Commission City Council approved Final Rezoning, R-1 to PRD -1, and granted Final Plat approval for Olde Vernon on April 27, 1997. The approved plan illustrated 26 detached townhouses on this site. Mr. Larsen told the Commission development of the site has commenced with the construction and installation of improvements including utilities and a private street which serves all 26 units. Mr. Larsen pointed out the proposed modification affects the far westerly portion of the site, near the intersection of Vernon Avenue and Olinger Road. The proponents requests the addition of two (2) units on this westerly portion. Mr. Larsen reminded the Commission the original proposal was for a 34 unit townhouse development. The City Council reduced the density to 26 units when it gave the development preliminary approval on October 7, 1996. Concluding, Mr. Larsen stressed density was the key issue considered by the Council in its review of this development. Continuing, Mr. Larsen stated staff recommends denial of the request to modify the approve plan and plat. Mr. Johnston with Landform was present representing Mr. Leo Evans. Chairman Johnson asked Mr. Larsen what was proposed in the original plan for this westerly space. Mr. Larsen responded the original plan was platted in three phases with the most westerly portion of this area(owned by Mr. Evans) presenting three units and open space with additional landscaping. Commissioner McClelland asked Mr. Larsen if the area in question is an Outlot. Mr. Larsen said that it is not an Outlot in the traditional sense. Continuing, Mr. Larsen acknowledged there is some confusion about the depicted line on the plat, but this area is designated as open space for the development, and is to be planted with vegetation. Mr. Larsen stated the Council clearly expressed that this far westerly portion of the site remain undeveloped. Commissioner McClelland stated she seems to recall when Mr. Dommer presented this proposal to the Commission in 1996, he specifically indicated this area, in the future could be developed with more homes. Mr. Larsen said that is correct, pointing out when Mr. Dommer projected that as an option it included the property next door that is owned by Mr. Dennis Wegner. Mr. Wegner never sold his property to Mr. Evans, and at this writing that situation still exists. Concluding, Mr. Larsen said he believes there will not be an agreement between Mr. Evans and/or Mr. Wegner in the near future. Commissioner Ingwalson asked Mr. Larsen who Cudd is, and how he/they got into the picture. Mr. Larsen explained Mr. Dommer was retained by Mr. Leo Evans to develop this site, and take it through the City process. After the project received final approval, Mr. Evans sold 75% of his property to Charles Cudd Company, with Mr. Dommer no longer in the picture. Mr. Evans chose to retain 25% of his property. Mr. Johnston interjected that he does not believe, for whatever reason, Mr. Evans and Mr. Wegner will ever come to an agreement to combine their properties. Mr. Johnston explained during excavation of the site a "dumping area" was uncovered containing a large number of glass bottles, cans, garbage, etc. This "find' was a surprise to Mr. Evans, and the refuse uncovered needed to be removed from the site as soon as possible. Continuing, Mr. Johnston said the cleaning and clearing of the site cost Mr. Evans in excess of Three Hundred Thousand dollars. At this time, Mr. Evans is proposing to the Commission and Council the construction of two additional homes to mitigate the cost of clearing/clearing the site from debris. Chairman Johnson asked Mr. Johnston who he works for, Mr. Cudd or Mr. Evans. Mr. Johnston said his firm was originally retained by Mr. Philip Dommer of Philip Stephens Companies to be the surveyor and site developer for the project. When Mr. Evans sold a portion of his property to Mr. Cudd, both parties continued to retain Landform. Mr. Johnston said this evening he represents Mr. Leo Evans, property owner. Chairman Johnson asked Mr. Johnston if he or any representative from Cudd spoke with Mr. Wegner. Mr. Johnston said Mr. Cudd and Mr. Wegner have a working relationship. 2 Commissioner McClelland asked Mr. Johnston if the units proposed by Mr. Evans are still detached. Mr. Johnston said that is correct. Mr. Evans is keeping with the Final Development Plan. His request is to construct an additional two structures Commissioner McClelland said she has a concern regarding the Wegner property, and when, and if, it will ever tie into Olde Vernon. Mr. Johnston responded at this time he is also uncertain. Commissioner Ingwalson stated as he reviewed the request the only thing that has changed is that a "dumping" area was found on the site, which, in his opinion, is the reason Mr. Evans is requesting construction of two additional structures. Commissioner Ingwalson acknowledged the "dump" was a hardship for Mr. Evans, but the Commission should not consider it as a hardship when deciding on the request this evening. Concluding, Commissioner Ingwalson said he agrees with staff, and can not support the request petitioned by the proponent. Chairman Johnson questioned if this area is designated as an official "Outlot" would the City be in a better position of control. Mr. Larsen responded creating an Outlot would confuse the issue, and would be a change from what is approved for this parcel of land. Mr. Larsen stated the situation that exists at present is how it should remain. City Council determined on this 9.1 acre piece of land that no more than 26 individual units can be constructed. Mr. Larsen said he supports and stands by the decision of the Council. Concluding, Mr. Larsen said staff also has a concern if the Commission were to approve more units on this site, a misrepresentation would occur to those individuals who may have already purchased a lot. Commissioner Ingwalson said he agrees with staff, reiterating he can not support the request. Continuing, Commissioner Ingwalson said if the Wegner site were included in this submission it would be a different scenario warranting further consideration. Commissioner Ingwalson stated in his opinion nothing has changed on this site to trigger a re-evaluation of the approved Final Development Plan. Mr. Johnston interjected in his opinion Mr. Evans would be happy if the Commission would create an Outlot over the landscaping area. This would enable him in the future to possibly develop this Outlot area. Commissioner McClelland said she has a concern if the Commission denies this request it may "shut the door' on further development which would include the Wegner property. She added this "landscaped" section of Olde Vernon could be redeveloped in the future with the Wegner property. Commissioner McClelland said if redeveloped she would not be in favor of townhouse units. Chairman Johnson pointed out Berne Circle is directly across from this area and is developed with a townhouse scenario. Commissioner Lonsbury noted Mr. Evans can retain this piece of land as long as he wants. Mr. Larsen interjected at present the City has an approved Final Development Plan depicting 26 individual structures. Twenty-six individual structures have been represented to the public at large as the final plan for Olde Vernon. 3 Commissioner Swenson moved to recommend denial of the Amendment to the Final Development Plan for Olde Vernon. Commissioner Lonsbury seconded the motion. Commissioner Lonsbury commented in his opinion the City does not have to approve the utilization of every piece of undeveloped land in the City. Commissioner Lonsbury reminded the Commission Mr. Evans has had the choice for a number of years to develop this site, he received an approved plan, which included landscaped area, and now wants the approved plan revised. Ayes, Lonsbury, Swenson, Ingwalson, Bergman, Johnson. Nay, McClelland. Commissioner Bergman questioned Mr. Johnston on how many units have been sold on the Olde Vernon site. Mr. Johnston stated he is not sure how many units are sold. Commissioner Bergman asked if there are any purchase agreements for any unit(s). Mr. Johnston stated to the best of his knowledge one unit is sold, and six units have purchase agreements. 0