CC_Minutes_2009_0713 - Laserfiche WebLink

Home

Regular City Council. Meeting Monday, July 13, 2009 Page 19 Peter Coyle, Land Use Attorney with Larkin, Hoffman, et al, 7800 Xerxes Avenue, Bloomington, MN; Legal Counsel for Ferriswood, Midland Grove, and Mr. Enzler Mr. Coyle addressed the legislative authority of the City Council, and super- majority requirement for rezoning by amendment to the comprehensive plan; and thanked the Planning Commission and City Council for the time taken to consider this proposed project. Mr. Coyle asked that the City Council use their maximum discretion in making this decision; and if approving the request, to require a final plan as part of that approval. Mr. Coyle respectfully suggested that the number of policy deviations requested by the developer should raise sufficient concern for the Council in not granting the request; and suggested that the City Council defer a decision given the amount of opposition, uncertainties of the final product, and current market conditions. Mr. Paschke clarified that staff viewed the current zoning of the Enzler property as medium density and PUD, not single-family zoning. Carl Albing, 2020 W Co Rd B Mr. Albing expressed concern for his family in the property jumping to high den- sity, and impacts to his frontage and lack of green transition. Mr. Albing opined that a park or medium density would be much more appealing to him and his neighbors across the street in a row of single-family homes. Mr. Albing spoke in support of medium density for the parcel Applicant Response: Darrel LeBarron and Tim Johnson with Station 19 Ar- chitects (Mr. LeBarron is a Roseville resident at 2101 West County Road B) Mr. LeBarron noted that there were several in the audience in support of the pro- ject, who were willing to speak to the project, if the Council so-desired. Mr. Le- Barron also noted his willingness to make the presentation on the Orchard. Project, as previously presented to the Planning Commission. Mayor Klausing thanked Mr. LeBarron; however, noted that the presentation would be outside the merits of the question currently before the City Council re- lated to change in comprehensive plan designation. Mr. LeBarron briefly spoke to the size of the project, one of the smallest projects of this type to-date for his firm; the lack of economic viability of projects before SOunits; the quality, experience and expertise of the design team; and careful preparation of this good and careful plan for this property. Mr. LeBarron recog- nized his friends in the audience from the neighborhood, and in all fairness, asked that facts rather than emotions be given full consideration. Mr. LeBarron opined that this was a relatively small and reasonable project, with sufficient and gener- ous distances and separations. Mr. LeBarron provided specifics from an architec- tural perspective, and corrections to zoning and drainage issues due to this project.