HomeMy WebLinkAbout2001-09-26 Planning Commission Meeting Minutes RegularAGENDA
REGULAR MEETING OF THE
EDINA PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 26, 2001
7:30 P.M., COUNCIL CHAMBERS
4801 WEST 50TH STREET
I. APPROVAL OF THE MINUTES:
August 29, 2001
II. NEW BUSINESS:
S-01-6 Plat Approval and Final Development Plan Approval
& Leo Evans, etal
P-01-3 Southeast quadrant of Vernon Avenue and Olinger Rd.
III. NEXT MEETING DATE:
October 31, 2001
IV. ADJOURNMENT:
MINUTES OF THE REGULAR MEETING OF
THE EDINA PLANNING COMMISSION
SEPTEMBER 26, 2001, 7:30 P.M.
EDINA CITY HALL COUNCIL CHAMBERS
4801 WEST 50TH STREET
MEMBERS PRESENT:
Chair, Gordon Johnson, John Lonsbury, Ann Swenson, David Byron,
Helen McClelland, David Runyan, Geof Workinger, Lorelei Bergman
STAFF PRESENT:
Kris Aaker and Jackie Hoogenakker
I. APPROVAL OF THE MINUTES:
The minutes of the August 29, 2001, meeting were filed as submitted.
II. NEW BUSINESS:
S-01-6 & P-01-3 Preliminary Plat, Final Plat and Final Development
Plan Approval for Leo Evans, etal.
Ms. Aaker presented the staff report noting in 1997 the City Council
approved 26 units. The proposal before you this evening slightly increases the
overall density of the site by two. Ms. Aaker said the question before the
Commission is if the additional two units were approved would this approval have
a negative impact on the overall project. Ms. Aaker concluded if this area is not
developed it might be the subject of future proposals that may not be compatible
with the existing Olde Vernon.
Mr. Fred Richards was present representing the property owner Leo
Evans.
Commissioner Swenson asked Ms. Aaker if Outlot A was included in the
original Olde Vernon plat. Ms. Aaker said that portion was included in the plat
but remained platted as an outlot. Ms. Aaker reminded the Commission Olde
Vernon is platted in phases.
Commissioner Runyan asked Ms. Aaker how the 22,300 square foot outlot
parcel will be divided. Ms. Aaker responded the 22,300 square foot outlot will be
divided to match the size of the existing parcels in the Olde Vernon 26-unit plat.
Commissioner Byron asked Ms. Aaker what setbacks are proposed. Ms.
Aaker explained if approved as submitted the outlot will be folded into the Olde
Vernon plat which is zoned PRD-1. The PRD-1 zoning district allows for up to
4.15 units per acre with setbacks of 30 feet for the front and side street, 20 feet
for the interior side yard, and 25 feet for the rear yard. Ms. Aaker said the
Commission should note within the PRD-1 zoning district all measurements are
from the perimeter of the site.
Commissioner Byron asked Ms. Aaker if she believes the outlot benefits
from the PRD-1 zoning with regard to setback. Ms. Aaker said not necessarily.
Expanding, Ms. Aaker explained if the subject outlot were to be zoned R-1, single
dwelling unit district the setbacks would be similar. R-1 zoning states a minimum
front yard setback of 30 feet, rear yard setback of 25 feet, interior side yard
setback of 10 feet, and side street setback of either 15 or 20 feet.
Commissioner Swenson said in her opinion what is being requested this
evening is increasing a previously approved plat for 26 homes to 28. Ms. Aaker
said that is correct.
Chairman Johnson said he has a problem with the fact that the outlot is
not part of the present homeowners association and questioned why or how that
happened.
Mr. Richards introduced himself explaining he represents the property
owner, Mr. Leo Evans who resides in California. Mr. Richards explained the
development history of this site dates back many years. Continuing, Mr.
Richards said in 1996 a proposal requesting a rezoning of the subject site from
R-1 to PRD-1 was brought before the City Council. The request was for a 32-unit
townhouse development. At that time the City Council determined a 32-unit
townhouse development was not appropriate for the site and the Council
recommended reducing the unit count from 32 to 26. Mr. Richards said in 1997 a
revised plan was brought before the Council illustrating a 26-unit townhouse style
development. However, all buildings would be constructed on "individual" lots.
Mr. Richards said the approved project would contain no common building walls,
with property owners only owning the building pad of their home with all open
space commonly held by a homeowners association. Concluding, Mr. Richards
said the concept of a detached 26-unit development received final approval. Mr.
Richards stated after this process was completed it appears Mr. Evans sold a
portion of the subject site to Charles Cudd for development, but retained a
portion of the site for future development. Presently, the majority of the subject
site is developed by Mr. Cudd with 22 building sites.
Chairman Johnson commented one of his concerns is with the
appearance of the proposed lots on Olinger Road.
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Mr. Richards acknowledged that concern and pointed out Mr. Evans is
willing to have Mr. Cudd develop this portion of the site. Mr. Richards pointed out
the outlot in question contains over 22,000 square feet and it is up to the
Commission and Council to determine if they believe this section of the site
should be developed to mirror and fold into the existing Cudd development, be
redeveloped on its own, or left undeveloped. Continuing, Mr. Richards reiterated
Mr. Evans would agree to a continued development by Mr. Cudd with the
proposed new homes (on Olinger) belonging to the present Olde Vernon
Homeowners Association.
Commissioner Runyan commented in his opinion it would be difficult to
develop the two sites on Olinger Road with a separate homeowners association.
Commissioner Runyan said if developed he wants a common association.
Commissioner Byron stated he agrees with the previous comment from
Commissioner Runyan. Commissioner Byron pointed out the outlot is isolated
from the rest of the development and he believes if approved at 28 any approval
should be conditioned on it being part of the original homeowners association.
Mr. Richard interjected in speaking with Mr. Evans; Mr. Evans would
agree to add Olde Vernon Two to the current homeowners association. Mr.
Richards told the Commission, Mr. Solheim, president of the Olde Vernon
Homeowners Association is present this evening and deferred Commissioner's
Byron question to him.
Mr. Solheim addressed the Commission and said with respect to the two
lots off Olinger Road that the association does not really care one way or the
other if this outlot is added to the homeowners association. Mr. Solheim said the
concern of the association is that any development should be compatible with
what presently exists in Olde Vernon. Mr. Solheim said if approval is granted for
the two proposed building pads the association would welcome them. Mr.
Solheim acknowledged that piece of the site is isolated from the rest of Olde
Vernon. He explained currently the homeowners association collects dues for
street maintenance, landscaping, lawn care etc. and pointed out the street
maintenance portion of the dues will not benefit the proposed properties off
Olinger Road. Continuing, Mr. Solheim said the bylaws of the association do
include a "lesser benefit" clause that could be implemented for those two building
sites. Mr. Solheim told the Commission the association will willingly accept those
two sites adding the association is concerned about continued construction in the
area, and the lack of care the construction vehicles take with the existing street.
Mr. Solheim explained the current roadway system within Olde Vernon is
stressed by construction vehicles. Mr. Solheim said the association understands
construction will occur but want the construction team to be more respectful of
the area. Mr. Solheim said another concern expressed by members of the
association is the vacant piece of property owned by Mr. Evans off Olinger Road.
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Mr. Solheim reiterated if developed it would be beneficial if this parcel is
compatibly developed.
Chairman Johnson said the "lesser benefit" cause is interesting in
addressing the two new proposed sites off Olinger Road. Chairman Johnson
acknowledged this proposal is a challenge because it deviates from the original
proposal approving a 26-unit site.
Mr. Richards acknowledged the original proposal was approved at 26. He
said for some it may be a difficult jump from 26 to 28 if they have it in their mind
that only 26-units should be developed on this site. Mr. Richards said he
understands that, but pointed out when the Commission and Council approved
this 26-unit detached development this type of product was a rather new
development concept in Edina. He said since its concept the product has been
very well received and there is an expressed need for this form of housing. Mr.
Richards pointed out if approved and consequently developed only 27 units will
be constructed on this site. One person has purchased two building pads and
constructed one home over them. Continuing, Mr. Richards said in his opinion if
developed as proposed, with the entire site under one homeowners association;
the site will have a finished development look.
Commissioner Byron reiterated a point previously made by Chairman
Johnson on how Mr. Evans retained this portion of the site.
Mr. Richards said it is his understanding the original Olde Vernon was
platted in phases. Mr. Evans retained ownership over this phase. Mr. Richards
said there is no doubt Mr. Evans believes his original submission for 32-units was
the proper density for this parcel of land, and Mr. Evans has in a sense played a
waiting game. Mr. Richards said he does not know the reason Mr. Evans has
retained this piece of land for so many years paying taxes on it, leaving it
undeveloped, but he has. Mr. Richards said to him it makes more sense if the
site is developed as presented this evening.
Commissioner Workinger said if the Planning Commission decides not to
approve the request by Mr. Evans what will happen to the outlot. Mr. Richards
said in all probability nothing will happen to it.
Chairman Johnson said this is difficult because it is an outlot and people
who own outlots have come before the Commission and Council in the past for
development of those outlots. Chairman Johnson said what this may come down
to is a political judgment.
Mr. Richards said that might be the correct assumption. Mr. Richards said
if the Commission can remove itself from the political issue of past approval for
26-units this site could be developed to meet the standards set forth in the
original Olde Vernon development, while complying with all ordinance standards.
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Commissioner Byron commented in reality what Mr. Evans is asking for is
similar to revisions that have occurred in previous City developments that have
been platted in phases. He pointed out the Parkwood Knolls Harvey Hansen
tract has been developed in phases with each phase increasing or decreasing
the number of lots. Centennial Lakes, Edinborough and Grandview are all
platted in phases and minor deviations have occurred. Ms. Aaker acknowledged
that is correct.
Commissioner Byron asked Mr. Richards if it is his understanding that Mr.
Evans if firm on 5 building sites. Mr. Richards stated in his discussions with Mr.
Evans that Mr. Evans is firm on 5 lots. Mr. Richards said he understands the
position of the Commission with regard to Mr. Evans. Mr. Richards
acknowledged, "Leo is being Leo", adding it might be difficult to separate the
politics and Mr. Evans personality from this project.
Commissioner Byron commented if he remembers correctly at past
meetings on this site some neighbors might still believe what exists today at Olde
Vernon is too dense. Ms. Aaker said that might be correct, noting the
Comprehensive Plan designation for this parcel has always indicated a low-
density development, not single family residential.
Commissioner McClelland interjected stating in the past a number of
neighbors attended the hearings, especially the immediate neighbor off Olinger
Road. Continuing, Commissioner McClelland said if she recalls past hearings
density was always an issue and the adjacent property owner off Olinger Road
resides on a rather deep parcel noting there was some discussion if his parcel
could be tied into the Olde Vernon Development. Mr. Richards agreed density
was an issue during past hearings, which is the reason for the reduction from the
original 32. Mr. Richards said as he understands it the adjacent property owner,
Mr. Dennis Wegner and Mr. Evans have had contact in the past about possible
development options, but to the best of his knowledge nothing has transpired
between them.
Commissioner Workinger said it is difficult for the Commission to assume
what may have transpired between Mr. Wegner and Mrs. Evans and the decision
of the Commission should be based on what is presented to us this evening.
Continuing, Commissioner Workinger said what he believes the job of the
Commission is is to either uphold the past Council decision, or carefully consider
what is presented this evening. In all reality what is proposed is one more
building site than previously approved, and does the City feel that is agreeable,
or do we leave this area undeveloped.
Mr. Solheim interjected that his concern is that the subject site is left
undeveloped or if developed does not tie in with the existing Olde Vernon site.
Mr. Solheim said the association wants uniform homes constructed on this site.
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The association does not want to see two story homes constructed in this area
that are not architecturally compatible to Olde Vernon. Mr. Solheim said this
proposal could be viewed in a positive light if the right conditions are placed on
approval. Mr. Solheim said in a sense this could be "breaking the log jam" that
is present on this site. Mr. Solheim concluded Mr. Cudd constructs quality
homes and bringing the proposed 5 building pads on board is a plus.
Commissioner Lonsbury said, as he understands it, the original proposal
is for 26 units. 22 units are "accounted for" because one property owner
purchased two pads for the placement of one home. Commissioner Lonsbury
suggested instead of the proposed 5 building pads, that Mr. Evans consider four
new sites with a different configuration. Commissioner Lonsbury acknowledged
building pad placement may be difficult because of site and road configuration,
but internal reconfiguration may be possible.
Mr. Richards said his client believes five building pads is reasonable, and
what is proposed is actually under the density requirement allowed by the PRD-1
zoning. Mr. Richards said Mr. Evans firmly believes the proposal is what is
needed in Edina and there is a large demand for this type of housing.
Commissioner McClelland said she doesn't like feeling she has to make a
decision on this outlot. She pointed out it may be possible the Olde Vernon
Association may want to purchase the outlot to develop tennis courts on the
corner of Olinger Road and Vernon Avenue. Commissioner McClelland said she
believes Commissioner Lonsbury 's suggestion of reconfiguring this piece is a
possibility.
Ms. Judith Schmidt, 5900 Merold Drive told the Commission in the past
density was an issue for the residents on Merold Drive. Ms. Schmidt asked what
the notification process is for public hearings. Chairman Johnson explained the
City mails notices to residents who live within 500 feet of the subject property for
public hearings before the City Council. Chairman Johnson explained if this
proposal moves forward this evening the Council will hear this request at its
October 16, 2001 hearing.
Commissioner Bergman asked Ms. Aaker if the proposed new sites are
similar in size to the existing sites in Olde Vernon. Ms. Aaker responded the
sites are similar in size. Ms. Aaker explained if approved at 5 lots the density
would increase from 2.86 units per acre to 3.08 units per acre. Ms. Aaker
reminded the Commission the PRD-1 zoning district allows up to 4.15 units per
acre. Commissioner Bergman said in viewing the proposal and listening to the
discussion thus far she believes the proposal can work. Commissioner Bergman
pointed out the lots are similar in size and fall below the allowed density, adding
in her opinion complete uniform development of this site is a plus. Continuing,
Commissioner Bergman said she couldn't think of another type of development
that would work at this corner. Commissioner Bergman said she doesn't feel
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single-family homes are appropriate on this corner. She said she believes if
approved as presented and the right conditions are placed on the development
this proposal makes sense.
Commissioner Swenson said in her opinion she can't visualize the outlot
as part of the existing Olde Vernon Homeowners Association, it is too isolated.
She said in her opinion a single family home(s) may work.
Chairman Johnson commented if a single family home(s) is allowed to be
constructed on that corner it will one of the few single-family home sites west of
Jerry's.
Commissioner Workinger said in going back to one of the first questions
raised by the Commission what is the intent of this outlot and what is an outlot.
(He said he is somewhat sympathetic to the proponent and believes what is
proposed would work). Ms. Aaker said an outlot is considered an area, parcel or
lot of land on a plat or subdivision. Commissioner Workinger asked if outlots
can be developed. Ms. Aaker responded they can be developed.
Commissioner Byron said in thinking out loud the City may have had a
good reason in keeping the unit count at 26, maybe it is density, but as
previously mentioned the density is lower than what is allowed by ordinance. He
said important points for the Commission to consider is if developed building
construction should be compatible with what exists. Continuing, Commissioner
Byron reiterated if developed the outlot should be part of the Olde Vernon
Homeowners Association.
Commissioner McClelland stated what is being discussed is what type of
housing may go on the outlot. Commissioner McClelland reiterated it is possible
the homeowners association may want this outlot for tennis courts or some other
form of amenity, like open space, it doesn't have to be developed.
Commissioner McClelland acknowledged in the past Mr. Evans has been difficult
to work with, but that doesn't mean the Commission should allow this outlot to be
developed.
Mr. Richards asked the Commission not to take into account the
personalities involved with this development but view the proposal as a product
that has been very well received in the City. Continuing, Mr. Richards reiterated
he understands caution on the part of the Commission as it addresses this issue.
He acknowledged density was an issue in the past and still is an issue, pointing
out the density with this development is still less than what is allowed by
Ordinance standards. Concluding Mr. Richards stated when the Commission
and Council originally heard this proposal the concept was relatively new and we
really did not know how it would be received.
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Commissioner Bergman addressed the Commission and stated she
believes the question before the Commission is; would the additional two units
negatively impact the overall project. She pointed out if developed as proposed
the total unit count would be 27, one over the originally proposed 26.
Commissioner Bergman also noted the proposed units fit the site, and require no
variances. Commissioner Bergman concluded she supports the proposal. She
added if the proposed development is constructed with similar housing styles and
is a member of the Olde Vernon Homeowners Association it is a reasonable
project.
A discussion ensued with regard to making a motion, and if the request
should be addressed in parts.
Commissioner Byron moved to recommend approval for an amendment to
the Final Development Plan for P-01-3. Commissioner Runyan seconded the
motion. Commissioner Workinger moved for an amendment to the motion that
includes if amended the site becomes part of the Olde Vernon Homeowners
Association. Commissioner Byron and Runyan accepted the amendment.
Commissioner McClelland commented she will not support this motion
because it does not include the possibility of reduction in units as mentioned by
Commissioner Lonsbury. Ayes; Lonsbury, Byron, Runyan, Bergman, Workinger,
Johnson. Nays; Swenson, McClelland. Motion to approve amendment to the
Final Development Plan approved 6-2.
Commissioner Byron moved to recommend final plat approval of Olde
Vernon Three subject to staff conditions and the additional conditions that Olde
Vernon Three be part of the Homeowners Association of Olde Vernon and if Olde
Vernon Two is approved that it is also part of Olde Vernon. Ayes; Byron,
Lonsbury, Runyan, Workinger, Bergman, Johnson. Nays, Swenson, McClelland.
Commissioner Byron moved to recommend final plat approval for Olde
Vernon Three and preliminary plat approval of Olde Vernon Two with approval of
Olde Vernon Two to be tied to final plat approval of Olde Vernon Three. Ayes;
Lonsbury, Byron, Runyan, Workinger, Bergman, Johnson. Nay; Swenson.
Abstain; McClelland.
Chairman Johnson informed Mr. Richards and interested neighbors the
City Council will hear this proposal at their October 16, 2001, meeting.
III. ADJOURNMENT:
The meeting adjourned at 9:30 P.M.
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