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08/22/1978 - City Council RegularE MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA AUGUST 22, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on August 22, 1978, at 7 p.m. at the City Hall. Those present were: Chairman Harrison, Members Blomqulst, Roszak, Sperling, and Hedtke. Dembroski was not present at the meeting. Also present were: City`Administrator Hedges, City Engineer Rosene, City Planner Voss, Zoning Administrator Runkle, and City Attorney Hauge. AGENDA. After review, the agenda was approved. MINUTES. Upon motion duly made and seconded, the minutes of the July 25, 1978, Advisory Planning Commission meeting were approved with the exception that the motion regarding the Road Machinery and Supply Company also should include the approval of a conditonal use permit for outside storage. All members voted in favor. FRED LEE CONDITIONAL USE.PERMIT HEARING. Chairman Harrison convened the continued public hearing regarding the application of Fred Lee for conditional use permit for restaurant with on sale beer and wine on Lot 1, Block 1, Barton McGray Addition. The application had been continued from the two previous meetings. No one was present to represent the applicant. The Planning Commission members discussed the application and later in the meeting Blomquist moved and Roszak seconded the motion to continue the public,hearing with the understanding that the staff will review the application and recommend to the APC whether to recommend dismissal of the application. In addition, the staff was requested to ✓make a recommendation regarding continuances of public hearings. JAMES REFRIGERATION COMPANY COMMERCIAL CENTER. Chairman Harrison next conveyed the continued public hearing regarding the application of James . Refrigeration Company for conditonal use permit for service station and variance to delete service bays in Neighborhood Business District at the Northeast corner of Pilot Knob Road and County Road 1130. The applicant requested a continuance Page 2 August 22, 1978 until the September meeting 0 Roszak moved and Blomquist seconded the motion, all members voted yes to continue the hearing until the September Commission meeting. LYNN THIELE REZONING. The public hearing concerning the application of Lynn Thiele to rezone from Agricultural to R-1, Residential, a one -acre parcel South of Lemay Lake on Towerview Road. Mr. Kenneth Ketchum, attorney, appeared for Mr. Thiele as did the applicant. Mr. Ketchum indicated that the applicant was willing to enter into a plat when the surrounding area owned by Martin Shields is platted. There was concern regarding the development of the street both along the West line and the South line of the property and it was noted that a 60 foot easement for extension of Towerview Road running Easterly would be required. After considerable discussion, Hedtke moved and Roszak seconded the motion, all members voted yea to recommend approval of the application for rezoning from A to R-1 subject to the following. Eiedtke then moved to recommend waiver of platting under Ordinance No. 10 with the following conditions: 1. That easements running to the City be granted including necessary dedication of 30 feet on the !Jest line and provision for 60 feet for the Easterly extension of Towerview Road. 2. That there be a limitation of one single family residential dwelling on the property. 3. That park dedication payment be made at the time of final building permit acquisition. 4. That the proposed lot be included in the plat of the property of the remainder of the Shields property lying westerly at the time of platting of that property. 5. Compliance with appropriate shore land regulations or ordinances. Blomquist seconded the motion, all members voted in favor. OAK WOOD GATES ADDITION PRELIMINARY PLAT AND VARIANCE. The public hearing regarding the application of Wilson Robinson - north River Road Properties, Inc., Page 3 August 22, 1978 for preliminary plat approval of Oak Wood Gates Addition and variance for six undersized lots near the Northeast corner of Dodd Road and County Road #30 was next convened. Mr. Robinson was present as was a representative of Wefald Associ- ates. The hearing convened at 7:55 p.m. The 65 acre parcel would be divided into twelve residential lots of 5 acres or more except for six undersized lots. The area is zoned Agricultural and will continue to be Agricultural until utilities are installed. There were a number of neighboring property owners present who were concerned about the development of the property including the proposed ponds and streets. A superimposed plat over the Oak Wood Gates Addition was also reviewed which included dedication of streets that would not be improved at the present time. It was also noted that a lift station for sanitary sewer would be needed in the future. Mr. Robinson stated that the Park Committee recommended cash donation for the plat. The report of Urban Planning was reviewed and the developer indicated that he was in agreement with all of the recommendations. Liedtke then moved to recommend approval of the preliminary plat with the following conditions including compliance with all applicable ordinances: 1: Approved by the Dakota County Plat Committee prior to final approval by the City. 2. Drainage easements shall be provided as required by the City Engineer along lot lines and along, ponding areas. 3. A temporary variance shall be granted for the undersized lots as shown on the preliminary plat because the minimum area requirements are met in that the cul-de-sacs which are to be dedicated for future development are not being improved at this time. 4. No direct access from present or future platted individual lots shall be permitted to either Dodd road or County Road 1130 which abutt this plat. 5. The placement of single family homes on individual lots shall respect the future platting plan presented with this petition and.reviewed and approved Page 4 August 22, 1978 6. Street #1 and the temporary cul-de-sac along Street 05 shall be required to be surfaced at this time in accordance with the minimum standards set forth by the City Engineer. 7. The developer, his successors and salespersons, shall be required to inform all purchasers that it is the intent of:the City to extend public utilities into this area in the future and that it is intended that this area will be developed in accordance with the overlay plat as submitted at this time. Sperling seconded the motion, all members voted in favor. MALLARD PARR FIRST THROUGH THIRD ADDITIONS REZONING. The next public hearing regarded the resolution adopted by the City Council to consider the rezoning from R-4 Residential Multiple to R-1 Residential Single, covering Mallard Park First, Second and Third Additions in Sections 28 and 29. The Chairman convened the hearing and City Administrator Hedges reviewed the background of.the three additions including platting and zoning. It was noted that Mr. Willmus, the developer, had indicated to the City that the entire development would be a single family only. There was no opposition to the rezoning resolution. It was noted that Mr. Willmus had asked for a continuance regarding the First.Addition because of the potential sale,of a part or all of the lots in the First Addition. The Chairman again asked if anyone on the floor wished to address the application and no one had any comments. All members voted in favor. At that point, Mr. Johnson, the contract for deed buyer for Mallard Park First Addition, appeared and did not indicate opposition. Blomquist moved and Sperling seconded the motion to recommend approval of the rezoning of the Mallard Park Second and Third Additions from R-4 to R-1. Those in favor were: Blomquist, Hedtke, and Sperling. Those against were: Hall and Harrison. After discussion, Hall moved and Blomquist seconded the motion, all members voted in favor to rezone from R-4 to R-1, Mallard Park First Addition based upon the intent of the developer expressed to the City and neighboring owners at the time the applications for preliminary plat 0 Page 5 August 22, 1978 approval had been submitted to the City. CLEARVIEW NUMBER TWO PRELIMINARY PLAT 0 The next hearing convened by Chairman Harrison concerned an application of Thorpe Realty and Donald Thorpe, for prelimin- sty plat approval for Clearview Number Two consisting of existing Lot 1, Block 2, Clearview Addition on Cliff Road. Mr. Thorpe was present. Also present were several neighboring property owners who objected to the application. There was discussion concerning the need for common easement for access and for turn around on the property. There were also questions concerning restrictions for subdividing in the plat and it was noted that it appeared to be the first subdivision of a lot in Clearview Addition. After discussion, in light of the opposition from neighboring property owners, Sperling moved and Hall seconded the motion, all members voting in favor. It was Resolved that the Commission recommend to the Council that the application be denied because it would change the character of the neighborhood, that neighbors had purchased property with the understanding that lots would be maintained under the current size, access to Cliff Road with an additional residence would increase traffic and there would be a new precedent set in the subdivision. STANDARD OIL COMPANY CONDITIONAL USE PERMIT. The public hearing regarding the application of Standard Oil Company:and Ben Lindberg for conditional use permit to allow pylon sign in commercial district on Lot 1, Block 1, Bicentennial Addition was next convened. Mr. Lindberg of LeRoy Signs was present. Zoning Administrator Runkle indicated that it appeared to be about 200 feet distance from the existing Yankee Square Shopping Center sign. Mr. Martin Colen and Mr. Lindberg were present and stated the distance to be about 229 feet. Hedtke moved and Roszak seconded the motion, all members voted yes to recommend denial because it did not meet the ordinance spacing requirement under Ordinance No. 16. HARRY DEER CONDITIONAL USE PERMIT.' The next public hearing consisted of the application of Harry and Phyllis Deer for conditional use permit to operate a nur- Page 6 August 22, 1978 sery school and day care center on a one acre parcel on County Road X130 adjacent to Northview Elementary School., The report of John Voss dated August 17th, was reviewed and he recommended conditions in the event of approval of the application. Mrs. Deer was present and explained the',pwoposal and several neighboring adjacent property owners appeared and objected because of the small lot, the cars being stored on the property and the lack of necessary area for trunk turn around, etc. Because of some unanswered questions, Roszak moved and Hall seconded the motion' to continue the application for 60 days +for additional staff review and comments. MICHAEL NEISIUS CONDITIONAL USE PERMIT. The application for Michael Neisius I for conditional use permit on Lot 1, Blck 4, Dodd view Addition for storage and repair of motorized vehicles comprised the next hearing. Mr. Neisius was present and there were no objections to the application. He indicated that there ordinarily would be no storage of materials and that only his trucks with the exception of two other truck trailers owned by two other persons would be stored on weekends only. There was discussion concerning access to Highway #3 and the improvement of + i Hall Road. After considerable discussion, Hall moved and Blomquist seconded the motion to recommend approval of the application subject to the following: 1. That access to the site would be from Hall Street. 2. That a drainage plan be prepared by the applicant and approved by the City Engineer. 3. That all vehicles stored on the site should have current licenses at all times. 4. That the surfacing on the side of the bay doors be completed within one year and the balance of the surfacing,curbing when public facilities are installed or the updating of Hall Street whichever occurs first. 5. That the driving and parking area at least have a limestone surface to minimize dust. 6. Seeding and landscaping be completed within one year and that landscape 0 Page 7 August 22, 1978 bond be submitted. O 7. That any contract storage and repair be limited to double the number of units stored by the owner of the property. Those in favor were: Hall, Blomquist and Harrison. Those against were: Hedtke and Roszak. Sperling abstained. THRIFT WAY LEASING COMPANY - CEDAR INDUSTRIAL PARK. The next hearing convened by the Chairman concerned the application of Thrift [day Leasing Company for waiving of platting requirements in order to construct a building on part of Lots 1 and 2, Cedar Industrial Park and for conditional use permit to.allow outside storage. Mr. Besser of Thrift Way Leasing appeared and stated that there would be a maximum of 27 trailers under the present proposal, thatall trailers would be empty and that there would be no tractors on the site. He requested that precast concrete be installed for curbing on the side rather than concrete curbing. Hedtke moved and Roszak seconded the motion, all members voted in favor to recommend approval of the waiver of the platting with the understanding that concrete curbing would be installed on the sides and the :,front. Hall moved and Blomquist seconded. the motion, all members voted yea to recommend approval of the conditional use permit with the following conditions: 1. That the entire area be fenced. 2. That outside storage be limited to trailers only. 3. That the.permit be limited only to the present applicant and in the event of sale or lease, that an application be submitted to the Advisory Planning Commission for review concerning the new owner's or tenant's proposed use. 4. That the limitation on the height of the trailers and storage on the property would be up to 14 feet. ! THOMAS LAKE ELEMENTARY SCHOOL, DISTRICT #196. Chairman Harrison next convened the public hearing regarding the application of Rosemount School District 11196 for rezoning from Planned Development District to Public Facility District 0 0 Page 8 August 22, 1978 covering 15 acres on proposed Thomas Lake Road in Section 28. Mr. Richard Hammel, architect, appeared on behalf of the applicant and explained that there would be parking for sixty automobiles. The building will accomodate a maximum of 800 students with a cost of $2.25 million. The contract will be awarded with a few weeks and construction will begin in early fall of 1978, with occupancy in the fall of 1979. After review, Hedtke moved and Roszak seconded the motion to recommend rezoning from Planned Development to Public Facility it being understood that the 15 acre parcel will be platted at the time the developer of the surrounding area of Blackhawk Park PD plats that property. All members voted in favor. PHASE ONE - MISSION HILLS SOUTH PRELIMINARY PLAT. The application of Marvin Bump - BNK Properties Company was next Yeviewed as a public hearing. Mr. Bump was present as was Charles Slocum of Unisource Corporation. The report of John Voss dated August 22, 1978, recommended.a continuation of 30 days for acquisition of further information. A number of neighboring property owners appeared with questions and comments regarding assessments, street layout, etc. There was also an issue that arose regarding a possible private'easement over several lots proposed to be developed within the plat. It was noted that the Planned Development Agreement for Mission Hills South has been approved and that the final agreement is now prepared for signing by the appropriate officials. Mr. Griswold, the developer, was also present. Roszak moved and Hedtke seconded the motion to continue the application for one month for additional staff review and recommends- tion. The motion was withdrawn. There would be 80 single family lots and 30 duplex units with 2.67 units per acre. The discussion also revolved around park land dedication, surfacing of Kings Road and impact of 35E. Mr. Lindo requested a continuance as did Mr. Richard Krietz. It was noted that a number of issues had not been fully explored and Blomquist moved to continue the application for 30 days in order to do the following: 1. Permit the Park Committee to review park dedication. n u Page 9 August 22, 1978 �J 2. Review the development of the balance of the Mission Hills South Planned Development. 3. To explore the proposed assessments for Kings Road improvements and other issues that may arise through staff review. Sperling seconded the motion, all members voted in favor. COACHMAN OAKS PRELIMINARY PLAT - ROSEWOOD CORPORATION. Chairman Harrison then convened the public hearing regarding the application of Rosewood Corporation for preliminary plat approval of proposed Coachman Oaks Addition and review of concept plan for apartment building on a 14 acre parcel at the Southwest corner of Four Oaks Road and Coachman Road. Mr. Ted Yoch, president of Rosewood Corporation, was present as were Douglas Moe, architect, ;and Nick Nicols of Northland Mortgage Company. It was noted that Mr. Yoch stated that the land donation of 1.4 acres East of Coachman Road would be made at the time of approval of the plat. There would be 220 underground parking spaces and two above ground parking spaces per unit with expansion to two and one-half spaces per unit. The 3 story building would include face brick, rentals would'range from $290 to $475 plus underground parking and 20% - 25% are proposed for Section 8 subsidy assistance. The units will be planned for possible conversion.to condominiums. There was discussion concerning the application being submitted by the City for a Lawcon grant for an additional 8 acres of park land East of Coachman Road and it was understood that the approximately 74 acre parcel including the 14 acres would allow about 7 acres park land to be dedicated to the City. It was suggested that perhaps greater than 10% of the required 14 acre development be dedicated for parks at the present time to make a consistent park parcel. A number of neighboring property owners were present some of whom objected to the proposal because of traffic congestion, density, etc. Hedtke moved and Hall seconded the motion to recommend approval of the preliminary plat and site plan subject to the following: 9 0 Page 10 August 22, 1978 1. Development shall occur in accordance with the plan and details shown thereon which has been submitted by the petitioner. 2. All engineering details shall be approved by the City Engineer including the plan for utilities, grading, and stabilization of steep slopes to insure that erosion will not occur. 3. Park dedication shall be satisfied in accordance with a recommendation by the Park Committee and approved by the City Council. 4. A $1,000 landscape bond shall be submitted to insure the installation and maintenance of landscape materials for a minimum of one year. 5. The petitioner shall submit an,agreement to the City to be reviewed and approved by the City Attorney which will insure tha4parking spaces will not be occupied by the long-term storage of inoperable vehicles or recreational vehicles. 6. The petitioner shall be required to show the locations where additional parking could be provided in the event there is a need and the petitioner shall construct those additional spaces at such time as additional parking is required as determined by the City. All in favor except Blomquist who voted no. Roszak moved and Harrison seconded the motion to recommend that the staff prepare projections concerning density and zoning in the general area of Coachman Road and Donald Avenue for purposes of traffic, park land needs, and municipal services to the area. All members voted yes. JOHN REMICH VARIANCE. The application of Mr. and Mrs. John Remich for 60 foot variance under Ordinance No. 52.06 which requires 60 foot frontage on a public street for single family lot was next considered. It was noted that the Remich's present home on a 2.5 acre parcel South of Highview Avenue has an entrance by private easement and the 1.25 acre parcel where a proposed residence is intended to be constructed South of the existing home would require an additional private easement extension. It was noted that there is no public easement for utility 0 0 Page 12 August 22, 1973 purposes to the property. The Planning Commission members indicated that the City has in recent years attempted to acquire consensus of property owners in the general area to permit the installation of streets and comprehensive layout for the area. John O'Toole, a neighboring property owner, submitted a letter opposing the additional building permit. Hedtke moved and Roszak seconded the motion, all members voted in favor to recommend denial of the application on the basis of the folowing: 1. No public street access. 2. No public easement to bring sealer and water to parcel. 3. Approval would impede orderly 4evelopment of the area relating to development of public streets and utiliti ies. 4. Approval would give credence to "spot development" which is highly unde- sirable in this area. 5. Approval in this case would be arbitrary and indicates partiality as past request for lot division under similar circumstances have been denied by the City Council. 6. Approval would jeopardize a more systematic and more compatible development of the entire area. 7. No particular hardship or practical difficulty has been demonstrated as required under Ordinance No. 52, Subsection 52.09, Subdivision 3., Paragraph B. Those in favor were: Hall, Hedtke and Roszak. Abstentions: Blomquist and Sperling. FORTUNE REALTY - SAFARI ESTATES VARIANCES. The application of Fortune Realty for variance to exceed 6% grade for Safari Circle in proposed Safari Estates Addition and for variance for undersize lot in Thomas Lake Addition were next reviewed by the Commission. Mr. Byron Watchske appeared and stated that the application for variance in Thomas Lake Addition was not necessary because of the readjustment of lot lines. The Engineer recommended approval of the 8% grade variance. Hedtke moved and Roszak seconded the motion, all members voted in favor 0 Page 13 August 22, 1973 to recommend approval. EUROPEAN FLOWER MARKET VARIANCE. 0 'The application of European Flower Market for variance from 12 to 16 feet on front setback requirements was next reviewed. Mr. Donald Swenson appeared for the applicant and stated that the petitioner pro- posed to add a 30 foot by 180 foot greenhouse to the existing structure and that the variance from the 40 foot setback is required. He also stated that the appli- cant is proposing to purchase additional adjacent property and that until the adjacent property is purchased the waiver of plat would also be required. He stated that the lot would be replatted in the event of the purchase of that property. The waiver of plat applicatign has as not been submitted. Because of energy saving and consistency of building lines the application had been submitted. Hall moved and Hedtke seconded the motion to recommend approval of the variance as applied for and further recommended approval of waiver of plat with the i understanding that in the future the property would be replatted under the procedures required by the City. All members voted in favor. MISSION HILLS SOUTH PLANNED DEVELOPMENT AGREEMENT. City Attorney Hauge stated i that the Planning Commission and Council have approved the agreement for Mission Hills South and that certain exhibits have now been received from the applicant, Charles Slocum and that no further action is required by the Planning Commission. EAGANDALE INDUSTRIAL PARK RESEARCH.AND DEVELOPMENT DISTRICT. Representatives from the Machinist Union, the owners of.Lot 17 and 18, Block 3, Eagandale Industrial Park, were present and asked for an informal opinion of the Planning Commission as to compliance with the R & D District in that location for a proposed office t and warehouse for Martin & Associates, who are manufacturers' representatives. It was noted that under Ordinance No. 52.07, Subd. 19, that there is a 40 acre requirement, but it appeared that the technicality will not avoid the use of the property by the proposed developer. The question appeared to be whether the use Page 14 August 22, 1978 intended was appropriate under R & D zoning or whether Light Industrial zoning is required for that use. The general consensus of the APC members was that R & D zoning would not be revised, but that the owner could submit an application for reconing to I-1. The Planning Commission members recommended that the staff submit proposed recommendations for Research and Development uses and layouts. ADJOURNMENT. Upon motion by Roazak, seconded by Sperling, all members voted yes for adjournment at 1:10 a.m. PHH DATED: i I City Clerk E MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA AUGUST 22, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on August 22, 1978, at 7 p.m. at the City Hall. Those present were: Chairman Harrison, Members Blomqulst, Roszak, Sperling, and Hedtke. Dembroski was not present at the meeting. Also present were: City`Administrator Hedges, City Engineer Rosene, City Planner Voss, Zoning Administrator Runkle, and City Attorney Hauge. AGENDA. After review, the agenda was approved. MINUTES. Upon motion duly made and seconded, the minutes of the July 25, 1978, Advisory Planning Commission meeting were approved with the exception that the motion regarding the Road Machinery and Supply Company also should include the approval of a conditonal use permit for outside storage. All members voted in favor. FRED LEE CONDITIONAL USE.PERMIT HEARING. Chairman Harrison convened the continued public hearing regarding the application of Fred Lee for conditional use permit for restaurant with on sale beer and wine on Lot 1, Block 1, Barton McGray Addition. The application had been continued from the two previous meetings. No one was present to represent the applicant. The Planning Commission members discussed the application and later in the meeting Blomquist moved and Roszak seconded the motion to continue the public,hearing with the understanding that the staff will review the application and recommend to the APC whether to recommend dismissal of the application. In addition, the staff was requested to ✓make a recommendation regarding continuances of public hearings. JAMES REFRIGERATION COMPANY COMMERCIAL CENTER. Chairman Harrison next conveyed the continued public hearing regarding the application of James . Refrigeration Company for conditonal use permit for service station and variance to delete service bays in Neighborhood Business District at the Northeast corner of Pilot Knob Road and County Road 1130. The applicant requested a continuance Page 2 August 22, 1978 until the September meeting 0 Roszak moved and Blomquist seconded the motion, all members voted yes to continue the hearing until the September Commission meeting. LYNN THIELE REZONING. The public hearing concerning the application of Lynn Thiele to rezone from Agricultural to R-1, Residential, a one -acre parcel South of Lemay Lake on Towerview Road. Mr. Kenneth Ketchum, attorney, appeared for Mr. Thiele as did the applicant. Mr. Ketchum indicated that the applicant was willing to enter into a plat when the surrounding area owned by Martin Shields is platted. There was concern regarding the development of the street both along the West line and the South line of the property and it was noted that a 60 foot easement for extension of Towerview Road running Easterly would be required. After considerable discussion, Hedtke moved and Roszak seconded the motion, all members voted yea to recommend approval of the application for rezoning from A to R-1 subject to the following. Eiedtke then moved to recommend waiver of platting under Ordinance No. 10 with the following conditions: 1. That easements running to the City be granted including necessary dedication of 30 feet on the !Jest line and provision for 60 feet for the Easterly extension of Towerview Road. 2. That there be a limitation of one single family residential dwelling on the property. 3. That park dedication payment be made at the time of final building permit acquisition. 4. That the proposed lot be included in the plat of the property of the remainder of the Shields property lying westerly at the time of platting of that property. 5. Compliance with appropriate shore land regulations or ordinances. Blomquist seconded the motion, all members voted in favor. OAK WOOD GATES ADDITION PRELIMINARY PLAT AND VARIANCE. The public hearing regarding the application of Wilson Robinson - north River Road Properties, Inc., Page 3 August 22, 1978 for preliminary plat approval of Oak Wood Gates Addition and variance for six undersized lots near the Northeast corner of Dodd Road and County Road #30 was next convened. Mr. Robinson was present as was a representative of Wefald Associ- ates. The hearing convened at 7:55 p.m. The 65 acre parcel would be divided into twelve residential lots of 5 acres or more except for six undersized lots. The area is zoned Agricultural and will continue to be Agricultural until utilities are installed. There were a number of neighboring property owners present who were concerned about the development of the property including the proposed ponds and streets. A superimposed plat over the Oak Wood Gates Addition was also reviewed which included dedication of streets that would not be improved at the present time. It was also noted that a lift station for sanitary sewer would be needed in the future. Mr. Robinson stated that the Park Committee recommended cash donation for the plat. The report of Urban Planning was reviewed and the developer indicated that he was in agreement with all of the recommendations. Liedtke then moved to recommend approval of the preliminary plat with the following conditions including compliance with all applicable ordinances: 1: Approved by the Dakota County Plat Committee prior to final approval by the City. 2. Drainage easements shall be provided as required by the City Engineer along lot lines and along, ponding areas. 3. A temporary variance shall be granted for the undersized lots as shown on the preliminary plat because the minimum area requirements are met in that the cul-de-sacs which are to be dedicated for future development are not being improved at this time. 4. No direct access from present or future platted individual lots shall be permitted to either Dodd road or County Road 1130 which abutt this plat. 5. The placement of single family homes on individual lots shall respect the future platting plan presented with this petition and.reviewed and approved Page 4 August 22, 1978 6. Street #1 and the temporary cul-de-sac along Street 05 shall be required to be surfaced at this time in accordance with the minimum standards set forth by the City Engineer. 7. The developer, his successors and salespersons, shall be required to inform all purchasers that it is the intent of:the City to extend public utilities into this area in the future and that it is intended that this area will be developed in accordance with the overlay plat as submitted at this time. Sperling seconded the motion, all members voted in favor. MALLARD PARR FIRST THROUGH THIRD ADDITIONS REZONING. The next public hearing regarded the resolution adopted by the City Council to consider the rezoning from R-4 Residential Multiple to R-1 Residential Single, covering Mallard Park First, Second and Third Additions in Sections 28 and 29. The Chairman convened the hearing and City Administrator Hedges reviewed the background of.the three additions including platting and zoning. It was noted that Mr. Willmus, the developer, had indicated to the City that the entire development would be a single family only. There was no opposition to the rezoning resolution. It was noted that Mr. Willmus had asked for a continuance regarding the First.Addition because of the potential sale,of a part or all of the lots in the First Addition. The Chairman again asked if anyone on the floor wished to address the application and no one had any comments. All members voted in favor. At that point, Mr. Johnson, the contract for deed buyer for Mallard Park First Addition, appeared and did not indicate opposition. Blomquist moved and Sperling seconded the motion to recommend approval of the rezoning of the Mallard Park Second and Third Additions from R-4 to R-1. Those in favor were: Blomquist, Hedtke, and Sperling. Those against were: Hall and Harrison. After discussion, Hall moved and Blomquist seconded the motion, all members voted in favor to rezone from R-4 to R-1, Mallard Park First Addition based upon the intent of the developer expressed to the City and neighboring owners at the time the applications for preliminary plat 0 Page 5 August 22, 1978 approval had been submitted to the City. CLEARVIEW NUMBER TWO PRELIMINARY PLAT 0 The next hearing convened by Chairman Harrison concerned an application of Thorpe Realty and Donald Thorpe, for prelimin- sty plat approval for Clearview Number Two consisting of existing Lot 1, Block 2, Clearview Addition on Cliff Road. Mr. Thorpe was present. Also present were several neighboring property owners who objected to the application. There was discussion concerning the need for common easement for access and for turn around on the property. There were also questions concerning restrictions for subdividing in the plat and it was noted that it appeared to be the first subdivision of a lot in Clearview Addition. After discussion, in light of the opposition from neighboring property owners, Sperling moved and Hall seconded the motion, all members voting in favor. It was Resolved that the Commission recommend to the Council that the application be denied because it would change the character of the neighborhood, that neighbors had purchased property with the understanding that lots would be maintained under the current size, access to Cliff Road with an additional residence would increase traffic and there would be a new precedent set in the subdivision. STANDARD OIL COMPANY CONDITIONAL USE PERMIT. The public hearing regarding the application of Standard Oil Company:and Ben Lindberg for conditional use permit to allow pylon sign in commercial district on Lot 1, Block 1, Bicentennial Addition was next convened. Mr. Lindberg of LeRoy Signs was present. Zoning Administrator Runkle indicated that it appeared to be about 200 feet distance from the existing Yankee Square Shopping Center sign. Mr. Martin Colen and Mr. Lindberg were present and stated the distance to be about 229 feet. Hedtke moved and Roszak seconded the motion, all members voted yes to recommend denial because it did not meet the ordinance spacing requirement under Ordinance No. 16. HARRY DEER CONDITIONAL USE PERMIT.' The next public hearing consisted of the application of Harry and Phyllis Deer for conditional use permit to operate a nur- Page 6 August 22, 1978 sery school and day care center on a one acre parcel on County Road X130 adjacent to Northview Elementary School., The report of John Voss dated August 17th, was reviewed and he recommended conditions in the event of approval of the application. Mrs. Deer was present and explained the',pwoposal and several neighboring adjacent property owners appeared and objected because of the small lot, the cars being stored on the property and the lack of necessary area for trunk turn around, etc. Because of some unanswered questions, Roszak moved and Hall seconded the motion' to continue the application for 60 days +for additional staff review and comments. MICHAEL NEISIUS CONDITIONAL USE PERMIT. The application for Michael Neisius I for conditional use permit on Lot 1, Blck 4, Dodd view Addition for storage and repair of motorized vehicles comprised the next hearing. Mr. Neisius was present and there were no objections to the application. He indicated that there ordinarily would be no storage of materials and that only his trucks with the exception of two other truck trailers owned by two other persons would be stored on weekends only. There was discussion concerning access to Highway #3 and the improvement of + i Hall Road. After considerable discussion, Hall moved and Blomquist seconded the motion to recommend approval of the application subject to the following: 1. That access to the site would be from Hall Street. 2. That a drainage plan be prepared by the applicant and approved by the City Engineer. 3. That all vehicles stored on the site should have current licenses at all times. 4. That the surfacing on the side of the bay doors be completed within one year and the balance of the surfacing,curbing when public facilities are installed or the updating of Hall Street whichever occurs first. 5. That the driving and parking area at least have a limestone surface to minimize dust. 6. Seeding and landscaping be completed within one year and that landscape 0 Page 7 August 22, 1978 bond be submitted. O 7. That any contract storage and repair be limited to double the number of units stored by the owner of the property. Those in favor were: Hall, Blomquist and Harrison. Those against were: Hedtke and Roszak. Sperling abstained. THRIFT WAY LEASING COMPANY - CEDAR INDUSTRIAL PARK. The next hearing convened by the Chairman concerned the application of Thrift [day Leasing Company for waiving of platting requirements in order to construct a building on part of Lots 1 and 2, Cedar Industrial Park and for conditional use permit to.allow outside storage. Mr. Besser of Thrift Way Leasing appeared and stated that there would be a maximum of 27 trailers under the present proposal, thatall trailers would be empty and that there would be no tractors on the site. He requested that precast concrete be installed for curbing on the side rather than concrete curbing. Hedtke moved and Roszak seconded the motion, all members voted in favor to recommend approval of the waiver of the platting with the understanding that concrete curbing would be installed on the sides and the :,front. Hall moved and Blomquist seconded. the motion, all members voted yea to recommend approval of the conditional use permit with the following conditions: 1. That the entire area be fenced. 2. That outside storage be limited to trailers only. 3. That the.permit be limited only to the present applicant and in the event of sale or lease, that an application be submitted to the Advisory Planning Commission for review concerning the new owner's or tenant's proposed use. 4. That the limitation on the height of the trailers and storage on the property would be up to 14 feet. ! THOMAS LAKE ELEMENTARY SCHOOL, DISTRICT #196. Chairman Harrison next convened the public hearing regarding the application of Rosemount School District 11196 for rezoning from Planned Development District to Public Facility District 0 0 Page 8 August 22, 1978 covering 15 acres on proposed Thomas Lake Road in Section 28. Mr. Richard Hammel, architect, appeared on behalf of the applicant and explained that there would be parking for sixty automobiles. The building will accomodate a maximum of 800 students with a cost of $2.25 million. The contract will be awarded with a few weeks and construction will begin in early fall of 1978, with occupancy in the fall of 1979. After review, Hedtke moved and Roszak seconded the motion to recommend rezoning from Planned Development to Public Facility it being understood that the 15 acre parcel will be platted at the time the developer of the surrounding area of Blackhawk Park PD plats that property. All members voted in favor. PHASE ONE - MISSION HILLS SOUTH PRELIMINARY PLAT. The application of Marvin Bump - BNK Properties Company was next Yeviewed as a public hearing. Mr. Bump was present as was Charles Slocum of Unisource Corporation. The report of John Voss dated August 22, 1978, recommended.a continuation of 30 days for acquisition of further information. A number of neighboring property owners appeared with questions and comments regarding assessments, street layout, etc. There was also an issue that arose regarding a possible private'easement over several lots proposed to be developed within the plat. It was noted that the Planned Development Agreement for Mission Hills South has been approved and that the final agreement is now prepared for signing by the appropriate officials. Mr. Griswold, the developer, was also present. Roszak moved and Hedtke seconded the motion to continue the application for one month for additional staff review and recommends- tion. The motion was withdrawn. There would be 80 single family lots and 30 duplex units with 2.67 units per acre. The discussion also revolved around park land dedication, surfacing of Kings Road and impact of 35E. Mr. Lindo requested a continuance as did Mr. Richard Krietz. It was noted that a number of issues had not been fully explored and Blomquist moved to continue the application for 30 days in order to do the following: 1. Permit the Park Committee to review park dedication. n u Page 9 August 22, 1978 �J 2. Review the development of the balance of the Mission Hills South Planned Development. 3. To explore the proposed assessments for Kings Road improvements and other issues that may arise through staff review. Sperling seconded the motion, all members voted in favor. COACHMAN OAKS PRELIMINARY PLAT - ROSEWOOD CORPORATION. Chairman Harrison then convened the public hearing regarding the application of Rosewood Corporation for preliminary plat approval of proposed Coachman Oaks Addition and review of concept plan for apartment building on a 14 acre parcel at the Southwest corner of Four Oaks Road and Coachman Road. Mr. Ted Yoch, president of Rosewood Corporation, was present as were Douglas Moe, architect, ;and Nick Nicols of Northland Mortgage Company. It was noted that Mr. Yoch stated that the land donation of 1.4 acres East of Coachman Road would be made at the time of approval of the plat. There would be 220 underground parking spaces and two above ground parking spaces per unit with expansion to two and one-half spaces per unit. The 3 story building would include face brick, rentals would'range from $290 to $475 plus underground parking and 20% - 25% are proposed for Section 8 subsidy assistance. The units will be planned for possible conversion.to condominiums. There was discussion concerning the application being submitted by the City for a Lawcon grant for an additional 8 acres of park land East of Coachman Road and it was understood that the approximately 74 acre parcel including the 14 acres would allow about 7 acres park land to be dedicated to the City. It was suggested that perhaps greater than 10% of the required 14 acre development be dedicated for parks at the present time to make a consistent park parcel. A number of neighboring property owners were present some of whom objected to the proposal because of traffic congestion, density, etc. Hedtke moved and Hall seconded the motion to recommend approval of the preliminary plat and site plan subject to the following: 9 0 Page 10 August 22, 1978 1. Development shall occur in accordance with the plan and details shown thereon which has been submitted by the petitioner. 2. All engineering details shall be approved by the City Engineer including the plan for utilities, grading, and stabilization of steep slopes to insure that erosion will not occur. 3. Park dedication shall be satisfied in accordance with a recommendation by the Park Committee and approved by the City Council. 4. A $1,000 landscape bond shall be submitted to insure the installation and maintenance of landscape materials for a minimum of one year. 5. The petitioner shall submit an,agreement to the City to be reviewed and approved by the City Attorney which will insure tha4parking spaces will not be occupied by the long-term storage of inoperable vehicles or recreational vehicles. 6. The petitioner shall be required to show the locations where additional parking could be provided in the event there is a need and the petitioner shall construct those additional spaces at such time as additional parking is required as determined by the City. All in favor except Blomquist who voted no. Roszak moved and Harrison seconded the motion to recommend that the staff prepare projections concerning density and zoning in the general area of Coachman Road and Donald Avenue for purposes of traffic, park land needs, and municipal services to the area. All members voted yes. JOHN REMICH VARIANCE. The application of Mr. and Mrs. John Remich for 60 foot variance under Ordinance No. 52.06 which requires 60 foot frontage on a public street for single family lot was next considered. It was noted that the Remich's present home on a 2.5 acre parcel South of Highview Avenue has an entrance by private easement and the 1.25 acre parcel where a proposed residence is intended to be constructed South of the existing home would require an additional private easement extension. It was noted that there is no public easement for utility 0 0 Page 12 August 22, 1973 purposes to the property. The Planning Commission members indicated that the City has in recent years attempted to acquire consensus of property owners in the general area to permit the installation of streets and comprehensive layout for the area. John O'Toole, a neighboring property owner, submitted a letter opposing the additional building permit. Hedtke moved and Roszak seconded the motion, all members voted in favor to recommend denial of the application on the basis of the folowing: 1. No public street access. 2. No public easement to bring sealer and water to parcel. 3. Approval would impede orderly 4evelopment of the area relating to development of public streets and utiliti ies. 4. Approval would give credence to "spot development" which is highly unde- sirable in this area. 5. Approval in this case would be arbitrary and indicates partiality as past request for lot division under similar circumstances have been denied by the City Council. 6. Approval would jeopardize a more systematic and more compatible development of the entire area. 7. No particular hardship or practical difficulty has been demonstrated as required under Ordinance No. 52, Subsection 52.09, Subdivision 3., Paragraph B. Those in favor were: Hall, Hedtke and Roszak. Abstentions: Blomquist and Sperling. FORTUNE REALTY - SAFARI ESTATES VARIANCES. The application of Fortune Realty for variance to exceed 6% grade for Safari Circle in proposed Safari Estates Addition and for variance for undersize lot in Thomas Lake Addition were next reviewed by the Commission. Mr. Byron Watchske appeared and stated that the application for variance in Thomas Lake Addition was not necessary because of the readjustment of lot lines. The Engineer recommended approval of the 8% grade variance. Hedtke moved and Roszak seconded the motion, all members voted in favor 0 Page 13 August 22, 1973 to recommend approval. EUROPEAN FLOWER MARKET VARIANCE. 0 'The application of European Flower Market for variance from 12 to 16 feet on front setback requirements was next reviewed. Mr. Donald Swenson appeared for the applicant and stated that the petitioner pro- posed to add a 30 foot by 180 foot greenhouse to the existing structure and that the variance from the 40 foot setback is required. He also stated that the appli- cant is proposing to purchase additional adjacent property and that until the adjacent property is purchased the waiver of plat would also be required. He stated that the lot would be replatted in the event of the purchase of that property. The waiver of plat applicatign has as not been submitted. Because of energy saving and consistency of building lines the application had been submitted. Hall moved and Hedtke seconded the motion to recommend approval of the variance as applied for and further recommended approval of waiver of plat with the i understanding that in the future the property would be replatted under the procedures required by the City. All members voted in favor. MISSION HILLS SOUTH PLANNED DEVELOPMENT AGREEMENT. City Attorney Hauge stated i that the Planning Commission and Council have approved the agreement for Mission Hills South and that certain exhibits have now been received from the applicant, Charles Slocum and that no further action is required by the Planning Commission. EAGANDALE INDUSTRIAL PARK RESEARCH.AND DEVELOPMENT DISTRICT. Representatives from the Machinist Union, the owners of.Lot 17 and 18, Block 3, Eagandale Industrial Park, were present and asked for an informal opinion of the Planning Commission as to compliance with the R & D District in that location for a proposed office t and warehouse for Martin & Associates, who are manufacturers' representatives. It was noted that under Ordinance No. 52.07, Subd. 19, that there is a 40 acre requirement, but it appeared that the technicality will not avoid the use of the property by the proposed developer. The question appeared to be whether the use Page 14 August 22, 1978 intended was appropriate under R & D zoning or whether Light Industrial zoning is required for that use. The general consensus of the APC members was that R & D zoning would not be revised, but that the owner could submit an application for reconing to I-1. The Planning Commission members recommended that the staff submit proposed recommendations for Research and Development uses and layouts. ADJOURNMENT. Upon motion by Roazak, seconded by Sperling, all members voted yes for adjournment at 1:10 a.m. PHH DATED: i I City Clerk