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06-13-77 PC Minutes J 1�� MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION June 13: 1977 A regular meeting of the Golden Valley Planning Commission was held at 8:nQ P.M. on Monday, June 13, 1977 at the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sehlin presided and the following members were present: Commissioners Edstrom, Forster, Mindess, Polachek, Specktor, and Wagman. Also present was Jon Westlake, Staff inember. Members absent: Commissioners Herje and Hughes. l . APPROVAL OF MINUTES: MOVEO by Forster, seconded by Edstrom, carried unanimously, to approve the minutes of the May 23, 1977 Planning Corr�nission meeting as corrected as follows: Item #4, the name Grahm should be changed to Graham, wher.ever used. 2. P.U.D. INFORMATIONAL HEARING P.U.D. #20 Concept Plan Proponent: Elmo Ginkel Construction Company Location: 270' West of Ensign Avenue on Medley Lane Requests Construct 3 Townhouse Rental Units The proposal is to construct two buildings containing four living units in each structure for a total of eight (8) rental units. The proposal is on 2.34 acres of land resulting in 3.42 units per acre. Plans submitted are very general because the proponent has chosen the concept procedure under the Planned Unit Development Ordinance. The following is noted regarding the plans: 1 ) Each unit has a double garage, and the total exterior parking is 24 spaces. 2) The South elevation of the units is three stories, which is where the garage entrance is located. 3) Because of the terrain the design of the North elevation is two stories. In reviewing the site and the surrounding area, the following items should be decided in the concept stage: a) Land Use — Is the proposed land use correct and does it conform to the Comprehensive Plan? b) Density — Is the density appropriate for this land use? c) Traffic — Are there potential traffic problems? The reason for the structure location on the Northeast area of the site, which is the highest point, is that the sanitary sewer is approximately 37" deep, which� is located to the East of the property. To provide a gravity flow the units would have to be constructed on the higher terrain. This area of the site is wooded and a majority of the vegetation would be lost. The present zoning of the site is Residential . Th,e Comprehensive Plan indicates Park and Open Space for this parcel of land. The area to the South is park land, to the North (East 1�2 of site) is Residential , to the North (West 1�2 of site) is Institional , to the u+est is Galant Patio Homes, and to the East is Residential . � . Planning Commission June 13, 1q�/ page 2 Some of the major points to consider at the concept stage are: a) The Park and Recreation Commission recommended at their June 2, 1977 meeting, in the best interest of the Park system and City, not to devetop the land multiple because of the value the land has for Park and Recreation use. b) Land Use and Density. The land use and density are key points for the development of this land because of the terrain. The terrain is approximately 18 feet lower than the Galant Pation Homes. The site also contains the start of the higher terrain in the Northeast area of the site, which is the location of the cluster development. The Comprehensive Plan for the area to the North and East of the higher terrain on the site indicates a density of 2.5 units per acre while the density of the Galant Patio Homes to the West is 6.8 units per acre. James Cooperman, Architect, and Woody Ginkel , representing Elrr� Ginkel Construction Company who is the owner and deveioper of the subject property, were present for the request. Mr. Ginkel stated that their intent is to own and manage the town— house rental units, and they felt this was an appropriate time to develop this property because of the recent development of King' s Valley and the Ga�ant Patio Homes on adjacent properties. The proposed placement of the buildings on the site was decided upon because of the terrain and sewer elevations. Mr. Ginkel noted that they had met with the surrounding neighbors on Thursday, June 9, 1977. Chair Sehlin then opened the public hearing and the following residents expressed their concerns: Craig Carrison, 9010 Medley Lane, stated that this property is basically unusable because of the sewer situation, and if the western portion of the site is not built on, the density in the portion to be developed would be 6.�3 units per acre. Bonnie �c4Jilliams, Government Liaison Chairperson, repre— senting King' s Ualley Homeowner' s Association, stated that the two main concerns are density and rental units. Ms McWilliams then read a letter addressed to the Planning Commission dated June 13, 1977 from the Government Liaison Chair— person and Board of Directors, representing the HomeoHmer' s of King' s Valley. The letter indicated that there should be individual home ownership, not rental . Other concerns noted in the letter were traffic congestion, noise pollution, vehicle parking, and destroying one of the last remaining natural habitats in this area of Golden Valley. Burt Brown, Vice Chairman of the Park and Recreation Commission, indicated that this area of the City does not have sufficient park area. The specific recommend— ation of the Park and Recreation Corr�nission is that this area not be approved for Planned Unit Development because of the importance this land has for park use; however, the Park and Recreation Corr�nission in their specific recorr�nendation did not ask the City Council to acquire this land for park purposes. The Park Corr�nission will discuss this parcel again. Mrs. John Brenna, 2401 Ensign Avenue North, noted that this area is presently zoned Residential . Dave Albrecht, 8925 Medley Lane, felt that the West portion of this site witl never be developed for park purposes because of elevation and open drainage. If this development is approved, it will reduce the size of an already small park. The land should be acquired by the City to maintain the park area as it now exists. Richard Larson, 9036 Elgin Place, stated that this area is now over—populated and a heavy traffic problem exists. If this development is approved, he will attempt to get Dututh Street run through. Emile Johnson, *"s;,� � Planning Cornrnission June 13, 1977 page 3 2315 Decatur Avenue North, expressed concern in regard to losing the open space area and wildlife in the area. William Sermeus, 2425 Cavell Avenue North, felt that open space should be preserved. Mr. Schmidt, Trustee for Good Shepherd Lutheran Church, expressed concern over valdalism in the area. Chair Sehlin closed the public hearing. Commissioner Edstrom stated that if the Park and Recreation Commission felt the land should be purchased for park purposes, their motion should have recommended this to the City Council . Some Planning Comnission members questioned the legality of government specifying whether units can be rented or sold. The Planning Commission also expressed concern in regard to the proposed density and the denser population in this area of the comnunity. The proposal also conflicts with the designation of Park and Open Space as indicated by the Comprehensive Plan. It was moved by Edstrom, seconded by Wagman, carried unani�usly, to recommend that this request be denied, based on the fact that the request conflicts with the Comprehensive Plan map which indicates this area to be used for Park and Open Space. The Planning Corrxnission asked that the Open Space Commission Chair receive a copy of these Planning Commission minutes. 3. F.U.D. INFORMATIONAL HEARING P.U.D. #14-A General Plan Proponent: Jack Galant Location: 2400 Hillsboro Avenue North Request: Construct 28 Townhouse Units (To Complete Project) The Planning Report for P.U.D. #14-A includes sections of the October 25, 1976 Planning Commission minutes and current information. When the six townhouse units received general plan approval in April of 1975, a concept plan was submitted for the remaining 28 units. The site plan indicated a total site development which included an interior trail system, pond, and a City trail located North and East on the site. The six-unit structure completed on the site will be repeated in five and six unit buildings for a total of 34 units, or 6.8 units per acre. The following has been reviewed with the architect and landscape architect: l . Details of the site identity sign, 2. petails of the mailboxes, 3. Units to be identified for City Housing Policy a) Three to be at $30,000 plus cost factor b) Five to be at $40,QQ0 plus cost factor c) Six to be at $50,OQ0 plus cost factor 4. Information sheet on a) Type of exterior lighting �ixtures b) Details of kitchen area c) Details of bath area, 5. Detail for, and location of sedimentation traps, 6. Oetail of interior street construction. Nk , t=a',$� P 1 anni ng Corimi ssi on June 13, 1977 page 4 The Planning Cormnission asked if staging could be done in connection with bonding in Phase II because of the incomplete work on Phase I. This can be done. The bonding for Phase II could have a completion date of November 1 , 1977 and it coulci cover, for example, all pro�osed structures east of the existing structure, th� first bank of units to the south of the existing structures, poo) building, pool , courtyard, landscaping, streets, and curb and gutter. A clause could be added stating that no construction can take place on the remaining twelve units until the Fhase II area is completed. 7he bond for Phase III would s�ell �out the same items for the southerly area of the site. This bond would also have a completion date, for example, of October 1978. If the Planning Commission recorrunends approval of the Planned Unit Development, two items should be considered: 1 ) Rezoning the area from Open Development to Residential , and 2) Use Permit to contain the following additional item: There shall be no rental of units by the developer—owner, or knowledge of such for the 2$ units in Phase II. The six units in Phase I shall be sold by January i , 197�. Carl Dale, Planner, reviewed the remaining stage of construction at �he October 25, 197b Planning Corr�nission meeting—which are the same plans the Corrrni ssion has for the present request. Mr. Dale' s corrrnents were as follows: "1 . The detailed plans appear to be in conformity with previously approved generai plans and conditions imposed by the PUD Permit. 2. Landscaping details are excellent as to species, placement, and �ize of materials to be planted. It is assumed that landscaping wi11 be implaced under time requirements as imposed and constru— tion will be adequately inspected by the City both during and after development. 3. Other plan details such as the trail (pathl , pond shoreline treatment, recreation area, and the ]ike seem quite good. 4. 7here are no changes that we could recommend at this time. In our opinion, submitted plans indicate that this wili be a very high quality residential development and a very desirable addition to the corrvnunity' s environment." The Planning Commission then discussed the use and implementation of bonding if that method were used in an attempt to complete the phases of construction and landscaping. Also discussed was the type of penalties that could be incorporated in the performance bond, wording of bonds, stipulations, and dates to be placed on the bonds. The Corr�nission also discussed a letter of credit. Jack Galant, own�r of the property, and Forrest Russell , Landscape Architect, were present for the request. h1r. Galant explained that a portion of the sod has been put in; however, they have not completed sodding in the areas where landscaping and paving are to be done because of the probable destruction of the sod when further construction is started. Mr. Forrest Russell stated that complete interior landscaping and final sodding cannot be completed until Mr. Galant has completed Phase II of the development. Blacktopping, curb and gutter will have to be done at a later date because of the future construction of the Southerly units. Mr. Galant is now in the process of obtaining financing for 1$ additional units. Jerry At1en, Architect, felt it is essential to build the next 18 units in order to sell the existing units. � � Planning Commission June 13, 1977 page 5 The ,P�anning Corrrnission discussed the proposed order in which the remaining units wouid be buiit and expressed concern that the concrete curb and gutter, pool and pool building would not be completed until the irrrnediate surrounding structures have been completed. It was felt by the Planning Corrunission that curb and gutter and paving should be completed with each phase of construction in order to obtain a more pleasingly aesthetic situation, which might help the proponent sell the units. Chair Sehlin opened the public hearing and the following residents expressed their concerns: Bonnie McWilliams, Government Liaison Chairperson, King' s Valley Homeowner' s Association, read the following statement in a letter addressed to the Planning Commission dated June 13, 1977 from Ms. McWilliams, representing the King' s Valley Homeowner' s Association: "To state our views on this project would be redundant and we are aware of the Planning Commission' s position on this matter. However, we would like t� reiterate our opposition to any further building permit being issued until present construction has been sold to individual home owners." Emilie Johnson, 2315 Decatur Avenue North, felt that no additional units should be approved until the existing units are sold. Craig Carrison, 9010 Medley Lane, questioned why Mr. Galant wants to build more units when he cannot selt the units he has built and is losing money. Richard Larson, 9036 Elgin Place, stated that the water levet is a very big problem on this property. Dave Albrecht, 9025 Medley Lane, recommended that before any further construction is considered for this development, these existing units must be sold, and the Planning Corr�nission should request and obtain a bank letter of credit definitely stating the total number of dollars credit for Mr. Galant. Chair Sehlin closed the public hearing. The Planning Commission expressed much concern in regard to the P.U.D. #14 requirements not having been compieted by the owner and the performance in this development. The Planning Corrrnission also expressed concern that financing has not been obtained for the total project, and the Corr�r►ission discussed the probability that the total development may not be completed in the future. The Planning Corr�nission indicated that plans should be developed by the owner specifying what units are to be constructed, including the pool and pool building, and the possibility of stipulating that the buildings are not to be sold or rented until all requirements have been complied with. It was moved by Edstrom, seconded by Wagman, carried unanimously, to table this request pending the following: 1 . The proponent is to submit a written statement or schedute indicating the order in which development wilt be completed and the approximate completion dates in terms of months. 2. The proponent is to submit details of financing. 3. The The proponent is to submit complete detailed plans of the structures and pool building, interior road design and landscaping. 4. Units to be identified for City Housing Policy. a) Three to be at $30,000 plus cost factor b� Five to be at $40 000 plus cost factor � Six to be at $50,�00 plus cost factor. 5. The lending institution is to submit a letter of intent stating rr�ney will be a�aailable to 'the proponent and indicate for which units. ��$ Planning Commissian June 13, 1977 page 6 The request for P.U.D. #14—A is not to be placed on the agenda for Public H�aring until the criteria of the motion has been met. 4. WAIVER OF THE PLATTING OROINANCE Applicant: Dr. Orbuch Location: 3920 Glenwood Avenue Request: Divide 120' off Roanoke Circle _�oni ng"c . Resi denti al ' , The proponent is requesting to divide off the rear 120' contiguous to Roanoke Circle. The square footage of the lot would be 12,500 with a frontage of 110' at the 35' setback line. The South parcel off Glenwood Avenue would have a depth of 240' and a square footage of 26,400. The parcel of land is presently divided as shown on the map; however, the City has no official record of the parcel being divided. Years ago land was divided by Hennepin County without City approval . If the Planning Commission approves the division, they should consider two requirements: 1 ) an additional 10' Right of Way for Roanoke Circle, which the proponent has been made aware of, and 2) interior lot to be combined with southerly parcel . The proponent, Dr. Orbuch, was present for the request and explained that they ' are requesting to divide off the Northerly portion of their property which is on Roanoke Circle because of the taxes and assessments they incurred when Roanoke Circle was constructed. It was moved by Edstrom, seconded by Mindess, carried unanimously, to recorronencl approval of the wa�,ver of the Platting Ordinance, subject to an additional 10' of Right of Way for Roanoke Circle and the interior lot to be combir►ed with the southerly parcel . 5. WAIVER OF THE PLATTING ORDINANCE Applicant: R. LaVerne Johnson Location: 234 Sunnyridge Lane Request: Change in Legal Description (Approved by Planning Commission June 1976) Zoning: Residential This request was approved by the Ptanning Commission on June 14, 1976 and by the City Council . A letter by the proponent' s attorney indicated that the legal description is incorrect and therefore the proponent is requesting that the minutes be changed to reflect the new legal description. The smallest parcel , or East parcel , would have a frontage of 125' with 13,750 square feet in the lot. It was moved by Forster, seconded by Specktor, carried unanimously, to recorrxnend that the wording in the legal description be changed to read as foltows: 234 Sunnyridge Lane North — Lot 1 except the East 125 feet of said Lot 1 , SUNNYRIOGE ADDITION. 3905 Poplar Drive — The East 125 feet of Lot 1 , SUNNYRIOGE ADDITION. � �1� � �5 F6� '� Planning Commission June 13, 1977 page 7 6. P.U.D. #16—A General Plan Proponent; Cheyenne Land Company Location: 5616 Glenwood Avenue Request; Construct 52 Townhouse Units This item was not heard by the Planning Corrmission because the proponent was not present for the request. 7. GENERAL Plat — Golden Valley Estates Chair Sehlin read a letter from the City Manager stating that the proponent has requested withdrawal of the plat (Golden Valley Estates) , and because of this the Council did not set a hearing for platting or rezoning. Corr�nissioner Mindess informed the Planning Corrrnission of a letter from Fran Hagen, Engineer, stating that the building sites are 11 ' above water level . 160,000 cubic yards of fill is needed for this site, which would incur a total cost of $370,000; therefore, the purchase price of the tots plus land improvement costs would merit lots with a cost of approximately $25,000 each. There being no further business to come before the meeting, it was on motion, duly seconded, adjourned at 11 :05 P.M. Jody Sehlin, Chair G. William Forster, Secretary