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09/26/1978 - City Council Regular• �� �oMI�NUTE A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA 0 i SEPTEMBER 26, 1978 regular meeting of the Eagan Advisory Planning Commission was held on v September 26, 1978, at 7 p.m. at the City Hall. Those present were: Chairman Harrison, Vice-chairman Blomquist, Members Roszak, Sperling, Hedtke, Hall and Dembroski. Also present were: City Zoning Administrator Runkle, City Engineer Rosen and City Attorney Hauge. AGENDA. There were no changes -to the agenda and it was accepted as submitted. MINUTES. It was noted that Charles Hall was present at the last regular meeting.. Roszak moved and Blomquist seconded the motion, all members voted yes to approve the minutes with the exception on Page 10 that the study relating to the Rosewood Corporation application cover the area from Pilot Knob Road to Highway 1113 and from Timberline to Yankee Doodle Road. FRED LEE CONDITIONAL USE APPLICATION. The continue public hearing regarding the application of Mr. Fred Lee for conditional use permit for restaurant with on - sale beer and wine on Lot 1, Block 1, Barton McGray Addition on Highway 1113 was next convened. Mr. Lee was not present and Zoning Administrator Runkle indicated that he had talked with Mr. Lee who was uncertain as to financing or when he would be back to the Planning Commission. Roszak moved and Hall seconded the motion, all members voted in favor, to table the application with the understanding that the matter will not come back to the Planning Commission unless a motion is adopted by the Planning Commission to remove from the table. VIENNA 140ODS PRELIMINARY PLAT - MISSION HILLS SOUTH. The next public hearing regarded the continued public hearing of Marvin Bump of B and K Properties for preliminary plat approval of proposed Vienna Woods in Mission Hills South. The 47 acre area would consist of 105 lots of which 90 would be single family and 15 would be duplexes. Mr. Bump was present as was Dennis Griswold, landscape architect. It was noted that several changes have been made and that Mr. Griswold showed a drawing of I -35E as proposed and how it would relate to the development. The developer requested upgrading of Kings Road including installation of utilities and stated that all owners on Kings Road are joining in the plat with the exception of Mr. and Mrs. Richard Kreitz. There still was not an agreement with the Kreitz', regarding access to the Kreitz property from the East over an alleged easement. The duplex lots would average 24,000 square feet and the single family, 14,000 square feet. The Park Committee is discussing the possibility of a 2 to 3 acre neighborhood Page 2 September 26, 1978 park East of the plat. Mr. Runkle recommended before final plat approval of Vienna Woods is given that anagreement be reached with the developers of Mission Hills South for designation and location of a park. There was considerable discussion regarding the park dedication. Mr. Bump indicated that he would pay all of the assessments on all of Pin Oak Drive to Cedar Avenue, and that a petition from the owners of Kings Road had been submitted for improvements. Mr. Richard Kreitz appeared and objected to the improvements on Kings Road. Hall moved and Blomquist seconded the motion to recommend approval, all members voted in favor except Sperling who abstained with the following conditions: 1. That the variance for Lot 11, Block 2, below the minimum 100 foot width be granted but that the shed on the lot be removed prior to issuance of a building permit for single family dwelling. 2. That park dedication requirements be met with the approval of the Park Committee including location of a park prior to filing of the final plat of Vienna Woods. 3. That Lots 27, 28, 29 and 31, Block 2, on the Kings Road not be granted building permits until the zoning to R-1 has taken place and further that the owners shall apply to rezone those lots at the earliest possible time including payment of the required fees. 4. That necessary drainage easements be dedicated as required bo the City Engineer. 5. That grading plans be approved by the City Engineer. 6. That temporary cul-de-sacs or other provisions for turning maintenance vehicles shall be provided along Vienna Lane and Pin Oak Drive at the Easterly edge of the plat as approved by the City Engineer. 7. That only two family dwelling lots shall be permitted on the 15 lots of Block 5 and 6 and that there be no mixing of single family dwellings on those lots. 8. That minimum requirements for R-1 development and R-2 development be complied with, with the exception of Lot 11, Block 2. 9. That no building permits be issued on Lots 23, 24, 25, adjacent to the Kreitz property until the issue of the easement to the Kreitz is completely resolved. 10. That berming adjacent to I-35E on the R-2 lots above natural berming be installed as recommended by the City Engineer. 11. That all applicable ordinances including street lighting be comalied with by the developer. JAMES REFRIGERATION CONDITIONAL USE VARIANCE AND SHOPPING CENTER PLAN HEARING. Page 3 September 26, 1978 The next public hearing convened by Chairman Harrison concerned the application of James Refrigeration Company for conditional use permit for service station in Neighborhood Business District, overall neighborhood business shopping center plan approval and variance to develop a self-service gas pumping facility with out providing services bays as required under Ordinance No. 52. Mr. Stelios Astelenidos of Urban Scope appeared with plans for a commercial development at the Northeast quadrant of County Roads 1130 and 031. There was discussion concerning county road access and he indicated the first phase would be the first portion developed with two retail and two offices uses. There was concern from neighboring residents relating to the uses of the property and the Neighborhood Business uses were reviewed by the Commission. There was also concern aout the use of the service station without service bays which is the intention of the ordiannace provision for neigh- borhood areas. Hedtke moved to recommend denial of the conditional use permit and variance without service bays on the following basis: 1. That an automobile service station is not a permitted use as specified under Ordinance No. 56.07, Subdivision 9.B.2. 2. That request for CUP does not meet requirements of Ordinance No. 56.07, Subdivision 9.C.3(b) with reference to any service station following and not preceding "The construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space." 3. That the service station does not provide service bays as required under Ordinance 56.07, Subdivision 9.C.3(c). 4. That a self-service gas facility as proposed will jeopardize the eventual construction of a "full service type" service station, which will deprive the residents in the neighborhood of this type of convenience and benefit. Richard Quanbeck appeared on behalf of James Refrigeration and explained the reasons for the self-service station without service bays. All members voted.in favor except Dembroski who voted no. Hall then moved and Hedtke seconded the motion with all members voting in favor to approve the overall Neighborhood Business shopping center plan for the project subject to engineering and planning recommendatic including the following: 1. That the petitioner shall agree in writing not to contest the future constructic by the City or Dakota County of a median restricting left turns to the shopping center from Pilot Knob Road (County Road 031). 2. That the petitioner shall also agree in writing that he will construct the Page 4 September 26, 1978 detached service road West of the shopping center either with the second phase of the shopping center of within 6 months after requested to do so by the City Council, to alleviate traffic problems; whichever event shall occur first. 3. That approval of the overall shopping center plan shall relate to those documer. submitted and so identified at this time, i.e., architecture, landscaping and site plan. 4. That a $1,000 landscape bond shall be submitted prior to issuance of a building permit to insure maintenance for one (1) year and similar bonds shall be required for each phase of construction. 5. That compliance -with all applicable ordinances including the necessary dedi- cation of easements for road rights of way . SUBURBAN ENGINEERING - SOUTHEAST PARTNERS PRELIMINARY PLAT IiEARING. The next public hearing regarding the application of Southeast Partners for preliminary plat approval of S.E. Addition in Cedarvale.Number Two on County Road #30 was opened. Mr. Bill Price appeared on behalf of S.E. Partners and indicated that he is re- appearing after a60 day continuance concerning construction of an office building on a 1 acre replat of the existing 12 acre lot. There were questions concerning the development of the balance of the 11 acres and Mr. Price indicated that he had not been able to get a commitment from the owners of that property. It was suggested that the right of way on the service road be approved prior to grant of the final plat and also a possible easement for future street right of way along the West line. Neighboring residents appeared with concerns about noise, view, etc.. After considerable discussion, Blomquist moved and Roszak seconded the motion to recommend denial of the application under Ordinance No. 52 requiring an approval of an overall plan before a shopping center is approved, the precedent factor allowing the 1 acre parcel to be developed before the overall plan has been submitted for the balance of the property, because it lies adjacent to single family and thepctential impact on the single family area. All members voted in favor except Dembroski who voted no. 14ESCOTT HILIS FOURTH ADDITION ZONING AND PLATTING. Chairman Harrison next convened the public hearing regarding the application of Raymar Incorporated to rezone from a mixture of commercial and R-4 zoning to R-2 and R-3, for preliminary plat approval of a replat of a portion of Wescott Hills Addition on Yankee Doodle Road, and for a 100 foot variance from the 500 foot maximum requirement for a cul- de-sac of the new Wescott Hills Fourth Addition. Mr. Ray Brant appeared for the applicant and indicated that the 16.5 acres would be divided into 25 lots including 0 Page 5 September 26, 1978 5 duplexes lots and 20 townhouse lots for a total of 90 units. No lot would have direct access to Yankee Doodle Road. After discussion, Hedtke moved to recommend rezoning to R-2 and R-3', Dembroski seconded the motion, all members voted yes. Hedtke then moved to recmmend approval of the preliminary plat and the variance as requested subject to the following: 1. That a site plan be approved showing location of all structures and all lots. 2. That landscape plans and drainage layout be approved by City staff. 3. That no direct access be allowed from Yankee Doodle Road. 4. That the Park Committee make a recommendation as to the park dedication. 5. That a 100 foot right of way be provided on Yankee Doodle Road. 6. That all ordinances be complied with including street lighting. 7. That the Planning Commission recommend that Kost Road be upgraded to City standards as part of the platting process. 8. That the staff review and make a recommendation on whether the cul-de-sac should be eliminated and a through street to Rost Road be installed. Roszak seconded the motion and all members voted in favor. MACHINE TOOL AND SUPPLY CONDITIONAL USE PERMIT. The peblic hearing regarding the application of Machine Tool and Supply Company for conditional use permit for pylon sign under Ordinance No. 16 was next convened. Mr. Roy Ott'3 appeared and requested that the location of the sign be changed to the Northwest part of the property in frontof the parking lot. Blomquist moved and Dembroski seconded the motion, all members voted in favor to recommend approval subject to the Planner's review and recommendation of the new location. It was noted that Charles Hall was excused from the remainder of the meeting. GABBERT DEVELOPMENT REZONING AND PRELIMINARY PLAT HEARING - CHES MAR EAST. Chairman Harrison convened the next public hearing regarding the application of Gabbert Development Company to rezone approximately 40acres from Agricultural - Planned Development to Residential, R-1, for preliminary plat approval of Ches Mar East and four separate variances. Mr. David Gabbert appeared and reviewed the variances including variances in the proposed Thi'idAddition. A number of neighboring property owners appeared and had strongconcerns regarding the potential run-off and the effect of additional water in Oak Chase Pond, Carlson Lake and Thomas Lake. Alternatives were discussed including the possibility of a moratorium on development in the general area until the drainage issues are studied and resolved. Blomquist moved to continue the application for 30 days to permit the staff to study the rI Page 6 September 26, 1978 0 the drainage problems and that the Council proceed with a master plan to implement the storm sewer plan from Thomas Lake to Blackhawk Lake, Roszak seconded the motion. Those in favor were: Blomquist and Roszak. Those against were: Sperling, Dembroski and Hedtke. The motion died. Sperling then moved to strongly recommend to the Council that it implement a storm sewer drainage plan in the area of Thomas Lake, Carlson Lake, etc.. . rhere weerrgc�-n-o s cond and the motion died. Hedtke next moved to recommend approval of thq Ftrst and 'ecgnd Additions of Ches Mar East with the understanding that no grading will commenceon the Second Addition until 1979 or until the Council has studied and commenced implementation of plans for aesolving the water drainage problems in the general area of Oak Chase, Carlson Lake and Thomas Lake. Dembroski seconded the motion, all members voted in favor except Blomquist and Roszak who voted no. Hedtke's next motion was to recommend rezoning of the First and Second Additions, Dembroski seconded the,motion, all members voted in favor. Hedtke then moved and Sperling seconded the motion to recommmend approval of the following variances with 10% grade on Road E where a maximum of 3% is permitted and lot width variances on Lots 10, 11, 12, 13, 17, 18, 19 and 20, of Block 2, of the First Addition to provide for 50 foot setback for a minimum of 100 foot width rather 30 foot front setback. All members voted yes except Blomquist who voted no. BEACON HILLS REZONING AND PRELIMINARY PLAT APPROVAL. The public hearing regardin the application of Dunn S Curry Real Estate Management, Inc. to rezone from Agri- cultural to PUD Planned Development and preliminary plat approval of Beacon Hills Addition in.the E1/2 of the KW1/4 of Section 33 consisting of 80 acres South of Cliff Road was next convened. Beacon Hills would consist of 190 single family lots with a density of 2.4 unit per acre. It was noted that Mr. .James Hill appeared as did Mr. Ed Dunn and Mr. John Hankenson for the applicants. Some lots would be under the normal ordinance minimum requirements which was a reason for the Planned Development with Agricultural underlayment. Mr. Dunn indicated that all lots would be used for single family purposes only. There was concern by Planning Commission members whether the Planned Development concept was being subverted with the application. Harrison moved and Blomquist seconded the motion to continue the application for 30 days to review the Planned Development concept and the proposed agreement for the planned 8evelopment including the acquisition of park land. It was noted that the Park Committee has reviewed the proposal but had not made a recommendation. All members voted in favor. 0 Page 7 September 26, 1978 0 MICHAEL LEITNER 14AIVER OF PLATTING. The last public hearing convened concerned the application for Michael Leitner for wa'vyer of platting requirements on Light Industrial property to permit a building permit for a storage garage North of Highway 1113 and Meadow View Road. It was noted that the 30 foot by 32 foot metal storage garage would be built to store two vehicles. The structure would be temporary. Mr. Leitner appeared and had no objection to the recommendations of the Planner. Hedtke moved and Blomquist seconded the motion to recommend approval of the application on a temporary basis for a maximum of 5 years.or until the property is developed to its full potential; further subject to the following conditions: 1. That the proposed storage garage be disassembled and removed from the property at the end of the 5 year period maximum unless specifically extended by the APC and the City Council. 2. That the proposed structure meet all requirements of the building code and other applicable ordinances. All members voted in favor. FYI -ON SIGN SETBACK VARIANCE - J.E. PARRANTO. The application of J.E. Parranto. for a ten foot setback variance to relocate a pylon sign on Mr. Donut property of Silver Bell Road and Highway 1113 was next considered. It was noted that MN/Dot has required the moving of the sign approximately 28 to 30 feet East of the existing location. It was recommended that the location of the sign be located as close to the property line as possible. Blomquist moved and Dembroski seconded the motion, all members voted in favor to recommend approval of the application. ADJOURNMENT. Roszak moved and Blomquist seconded the motion, all members voted in favor to adjourn at approximately 11:40 p.m. DATED: September 26, 1978 CITY CLERK PHH • �� �oMI�NUTE A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA 0 i SEPTEMBER 26, 1978 regular meeting of the Eagan Advisory Planning Commission was held on v September 26, 1978, at 7 p.m. at the City Hall. Those present were: Chairman Harrison, Vice-chairman Blomquist, Members Roszak, Sperling, Hedtke, Hall and Dembroski. Also present were: City Zoning Administrator Runkle, City Engineer Rosen and City Attorney Hauge. AGENDA. There were no changes -to the agenda and it was accepted as submitted. MINUTES. It was noted that Charles Hall was present at the last regular meeting.. Roszak moved and Blomquist seconded the motion, all members voted yes to approve the minutes with the exception on Page 10 that the study relating to the Rosewood Corporation application cover the area from Pilot Knob Road to Highway 1113 and from Timberline to Yankee Doodle Road. FRED LEE CONDITIONAL USE APPLICATION. The continue public hearing regarding the application of Mr. Fred Lee for conditional use permit for restaurant with on - sale beer and wine on Lot 1, Block 1, Barton McGray Addition on Highway 1113 was next convened. Mr. Lee was not present and Zoning Administrator Runkle indicated that he had talked with Mr. Lee who was uncertain as to financing or when he would be back to the Planning Commission. Roszak moved and Hall seconded the motion, all members voted in favor, to table the application with the understanding that the matter will not come back to the Planning Commission unless a motion is adopted by the Planning Commission to remove from the table. VIENNA 140ODS PRELIMINARY PLAT - MISSION HILLS SOUTH. The next public hearing regarded the continued public hearing of Marvin Bump of B and K Properties for preliminary plat approval of proposed Vienna Woods in Mission Hills South. The 47 acre area would consist of 105 lots of which 90 would be single family and 15 would be duplexes. Mr. Bump was present as was Dennis Griswold, landscape architect. It was noted that several changes have been made and that Mr. Griswold showed a drawing of I -35E as proposed and how it would relate to the development. The developer requested upgrading of Kings Road including installation of utilities and stated that all owners on Kings Road are joining in the plat with the exception of Mr. and Mrs. Richard Kreitz. There still was not an agreement with the Kreitz', regarding access to the Kreitz property from the East over an alleged easement. The duplex lots would average 24,000 square feet and the single family, 14,000 square feet. The Park Committee is discussing the possibility of a 2 to 3 acre neighborhood Page 2 September 26, 1978 park East of the plat. Mr. Runkle recommended before final plat approval of Vienna Woods is given that anagreement be reached with the developers of Mission Hills South for designation and location of a park. There was considerable discussion regarding the park dedication. Mr. Bump indicated that he would pay all of the assessments on all of Pin Oak Drive to Cedar Avenue, and that a petition from the owners of Kings Road had been submitted for improvements. Mr. Richard Kreitz appeared and objected to the improvements on Kings Road. Hall moved and Blomquist seconded the motion to recommend approval, all members voted in favor except Sperling who abstained with the following conditions: 1. That the variance for Lot 11, Block 2, below the minimum 100 foot width be granted but that the shed on the lot be removed prior to issuance of a building permit for single family dwelling. 2. That park dedication requirements be met with the approval of the Park Committee including location of a park prior to filing of the final plat of Vienna Woods. 3. That Lots 27, 28, 29 and 31, Block 2, on the Kings Road not be granted building permits until the zoning to R-1 has taken place and further that the owners shall apply to rezone those lots at the earliest possible time including payment of the required fees. 4. That necessary drainage easements be dedicated as required bo the City Engineer. 5. That grading plans be approved by the City Engineer. 6. That temporary cul-de-sacs or other provisions for turning maintenance vehicles shall be provided along Vienna Lane and Pin Oak Drive at the Easterly edge of the plat as approved by the City Engineer. 7. That only two family dwelling lots shall be permitted on the 15 lots of Block 5 and 6 and that there be no mixing of single family dwellings on those lots. 8. That minimum requirements for R-1 development and R-2 development be complied with, with the exception of Lot 11, Block 2. 9. That no building permits be issued on Lots 23, 24, 25, adjacent to the Kreitz property until the issue of the easement to the Kreitz is completely resolved. 10. That berming adjacent to I-35E on the R-2 lots above natural berming be installed as recommended by the City Engineer. 11. That all applicable ordinances including street lighting be comalied with by the developer. JAMES REFRIGERATION CONDITIONAL USE VARIANCE AND SHOPPING CENTER PLAN HEARING. Page 3 September 26, 1978 The next public hearing convened by Chairman Harrison concerned the application of James Refrigeration Company for conditional use permit for service station in Neighborhood Business District, overall neighborhood business shopping center plan approval and variance to develop a self-service gas pumping facility with out providing services bays as required under Ordinance No. 52. Mr. Stelios Astelenidos of Urban Scope appeared with plans for a commercial development at the Northeast quadrant of County Roads 1130 and 031. There was discussion concerning county road access and he indicated the first phase would be the first portion developed with two retail and two offices uses. There was concern from neighboring residents relating to the uses of the property and the Neighborhood Business uses were reviewed by the Commission. There was also concern aout the use of the service station without service bays which is the intention of the ordiannace provision for neigh- borhood areas. Hedtke moved to recommend denial of the conditional use permit and variance without service bays on the following basis: 1. That an automobile service station is not a permitted use as specified under Ordinance No. 56.07, Subdivision 9.B.2. 2. That request for CUP does not meet requirements of Ordinance No. 56.07, Subdivision 9.C.3(b) with reference to any service station following and not preceding "The construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space." 3. That the service station does not provide service bays as required under Ordinance 56.07, Subdivision 9.C.3(c). 4. That a self-service gas facility as proposed will jeopardize the eventual construction of a "full service type" service station, which will deprive the residents in the neighborhood of this type of convenience and benefit. Richard Quanbeck appeared on behalf of James Refrigeration and explained the reasons for the self-service station without service bays. All members voted.in favor except Dembroski who voted no. Hall then moved and Hedtke seconded the motion with all members voting in favor to approve the overall Neighborhood Business shopping center plan for the project subject to engineering and planning recommendatic including the following: 1. That the petitioner shall agree in writing not to contest the future constructic by the City or Dakota County of a median restricting left turns to the shopping center from Pilot Knob Road (County Road 031). 2. That the petitioner shall also agree in writing that he will construct the Page 4 September 26, 1978 detached service road West of the shopping center either with the second phase of the shopping center of within 6 months after requested to do so by the City Council, to alleviate traffic problems; whichever event shall occur first. 3. That approval of the overall shopping center plan shall relate to those documer. submitted and so identified at this time, i.e., architecture, landscaping and site plan. 4. That a $1,000 landscape bond shall be submitted prior to issuance of a building permit to insure maintenance for one (1) year and similar bonds shall be required for each phase of construction. 5. That compliance -with all applicable ordinances including the necessary dedi- cation of easements for road rights of way . SUBURBAN ENGINEERING - SOUTHEAST PARTNERS PRELIMINARY PLAT IiEARING. The next public hearing regarding the application of Southeast Partners for preliminary plat approval of S.E. Addition in Cedarvale.Number Two on County Road #30 was opened. Mr. Bill Price appeared on behalf of S.E. Partners and indicated that he is re- appearing after a60 day continuance concerning construction of an office building on a 1 acre replat of the existing 12 acre lot. There were questions concerning the development of the balance of the 11 acres and Mr. Price indicated that he had not been able to get a commitment from the owners of that property. It was suggested that the right of way on the service road be approved prior to grant of the final plat and also a possible easement for future street right of way along the West line. Neighboring residents appeared with concerns about noise, view, etc.. After considerable discussion, Blomquist moved and Roszak seconded the motion to recommend denial of the application under Ordinance No. 52 requiring an approval of an overall plan before a shopping center is approved, the precedent factor allowing the 1 acre parcel to be developed before the overall plan has been submitted for the balance of the property, because it lies adjacent to single family and thepctential impact on the single family area. All members voted in favor except Dembroski who voted no. 14ESCOTT HILIS FOURTH ADDITION ZONING AND PLATTING. Chairman Harrison next convened the public hearing regarding the application of Raymar Incorporated to rezone from a mixture of commercial and R-4 zoning to R-2 and R-3, for preliminary plat approval of a replat of a portion of Wescott Hills Addition on Yankee Doodle Road, and for a 100 foot variance from the 500 foot maximum requirement for a cul- de-sac of the new Wescott Hills Fourth Addition. Mr. Ray Brant appeared for the applicant and indicated that the 16.5 acres would be divided into 25 lots including 0 Page 5 September 26, 1978 5 duplexes lots and 20 townhouse lots for a total of 90 units. No lot would have direct access to Yankee Doodle Road. After discussion, Hedtke moved to recommend rezoning to R-2 and R-3', Dembroski seconded the motion, all members voted yes. Hedtke then moved to recmmend approval of the preliminary plat and the variance as requested subject to the following: 1. That a site plan be approved showing location of all structures and all lots. 2. That landscape plans and drainage layout be approved by City staff. 3. That no direct access be allowed from Yankee Doodle Road. 4. That the Park Committee make a recommendation as to the park dedication. 5. That a 100 foot right of way be provided on Yankee Doodle Road. 6. That all ordinances be complied with including street lighting. 7. That the Planning Commission recommend that Kost Road be upgraded to City standards as part of the platting process. 8. That the staff review and make a recommendation on whether the cul-de-sac should be eliminated and a through street to Rost Road be installed. Roszak seconded the motion and all members voted in favor. MACHINE TOOL AND SUPPLY CONDITIONAL USE PERMIT. The peblic hearing regarding the application of Machine Tool and Supply Company for conditional use permit for pylon sign under Ordinance No. 16 was next convened. Mr. Roy Ott'3 appeared and requested that the location of the sign be changed to the Northwest part of the property in frontof the parking lot. Blomquist moved and Dembroski seconded the motion, all members voted in favor to recommend approval subject to the Planner's review and recommendation of the new location. It was noted that Charles Hall was excused from the remainder of the meeting. GABBERT DEVELOPMENT REZONING AND PRELIMINARY PLAT HEARING - CHES MAR EAST. Chairman Harrison convened the next public hearing regarding the application of Gabbert Development Company to rezone approximately 40acres from Agricultural - Planned Development to Residential, R-1, for preliminary plat approval of Ches Mar East and four separate variances. Mr. David Gabbert appeared and reviewed the variances including variances in the proposed Thi'idAddition. A number of neighboring property owners appeared and had strongconcerns regarding the potential run-off and the effect of additional water in Oak Chase Pond, Carlson Lake and Thomas Lake. Alternatives were discussed including the possibility of a moratorium on development in the general area until the drainage issues are studied and resolved. Blomquist moved to continue the application for 30 days to permit the staff to study the rI Page 6 September 26, 1978 0 the drainage problems and that the Council proceed with a master plan to implement the storm sewer plan from Thomas Lake to Blackhawk Lake, Roszak seconded the motion. Those in favor were: Blomquist and Roszak. Those against were: Sperling, Dembroski and Hedtke. The motion died. Sperling then moved to strongly recommend to the Council that it implement a storm sewer drainage plan in the area of Thomas Lake, Carlson Lake, etc.. . rhere weerrgc�-n-o s cond and the motion died. Hedtke next moved to recommend approval of thq Ftrst and 'ecgnd Additions of Ches Mar East with the understanding that no grading will commenceon the Second Addition until 1979 or until the Council has studied and commenced implementation of plans for aesolving the water drainage problems in the general area of Oak Chase, Carlson Lake and Thomas Lake. Dembroski seconded the motion, all members voted in favor except Blomquist and Roszak who voted no. Hedtke's next motion was to recommend rezoning of the First and Second Additions, Dembroski seconded the,motion, all members voted in favor. Hedtke then moved and Sperling seconded the motion to recommmend approval of the following variances with 10% grade on Road E where a maximum of 3% is permitted and lot width variances on Lots 10, 11, 12, 13, 17, 18, 19 and 20, of Block 2, of the First Addition to provide for 50 foot setback for a minimum of 100 foot width rather 30 foot front setback. All members voted yes except Blomquist who voted no. BEACON HILLS REZONING AND PRELIMINARY PLAT APPROVAL. The public hearing regardin the application of Dunn S Curry Real Estate Management, Inc. to rezone from Agri- cultural to PUD Planned Development and preliminary plat approval of Beacon Hills Addition in.the E1/2 of the KW1/4 of Section 33 consisting of 80 acres South of Cliff Road was next convened. Beacon Hills would consist of 190 single family lots with a density of 2.4 unit per acre. It was noted that Mr. .James Hill appeared as did Mr. Ed Dunn and Mr. John Hankenson for the applicants. Some lots would be under the normal ordinance minimum requirements which was a reason for the Planned Development with Agricultural underlayment. Mr. Dunn indicated that all lots would be used for single family purposes only. There was concern by Planning Commission members whether the Planned Development concept was being subverted with the application. Harrison moved and Blomquist seconded the motion to continue the application for 30 days to review the Planned Development concept and the proposed agreement for the planned 8evelopment including the acquisition of park land. It was noted that the Park Committee has reviewed the proposal but had not made a recommendation. All members voted in favor. 0 Page 7 September 26, 1978 0 MICHAEL LEITNER 14AIVER OF PLATTING. The last public hearing convened concerned the application for Michael Leitner for wa'vyer of platting requirements on Light Industrial property to permit a building permit for a storage garage North of Highway 1113 and Meadow View Road. It was noted that the 30 foot by 32 foot metal storage garage would be built to store two vehicles. The structure would be temporary. Mr. Leitner appeared and had no objection to the recommendations of the Planner. Hedtke moved and Blomquist seconded the motion to recommend approval of the application on a temporary basis for a maximum of 5 years.or until the property is developed to its full potential; further subject to the following conditions: 1. That the proposed storage garage be disassembled and removed from the property at the end of the 5 year period maximum unless specifically extended by the APC and the City Council. 2. That the proposed structure meet all requirements of the building code and other applicable ordinances. All members voted in favor. FYI -ON SIGN SETBACK VARIANCE - J.E. PARRANTO. The application of J.E. Parranto. for a ten foot setback variance to relocate a pylon sign on Mr. Donut property of Silver Bell Road and Highway 1113 was next considered. It was noted that MN/Dot has required the moving of the sign approximately 28 to 30 feet East of the existing location. It was recommended that the location of the sign be located as close to the property line as possible. Blomquist moved and Dembroski seconded the motion, all members voted in favor to recommend approval of the application. ADJOURNMENT. Roszak moved and Blomquist seconded the motion, all members voted in favor to adjourn at approximately 11:40 p.m. DATED: September 26, 1978 CITY CLERK PHH