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07/08/1980 - City Council Regular11 4 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 8, 1980 A special meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 8, 1980, at 7:00 p.m. Present were Chairman Harrison and Planning Commission Members Bohne, Wilkins, Gits, Krob and Roszak. Member Hall was absent. Also present were Public Works Director Colbert, City Planner Runkle, City Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. PLEDGE OF ALLEGIANCE AND ROLL CALL After the Pledge of Allegiance, the roll call of the members present was taken. MINUTES Upon motion duly made and seconded, the minutes of the May 27, 1980, June 12, 1980, and June 24 meetings were approved. All voted yes. AGENDA The agenda was approved with the addition of discussion concerning housing to be added to the end of the agenda. COMPREHENSIVE PLAN Dale Runkle, City Planner, submitted a revision to Section X, paragraph D, on how the City will implement on-site septic systems and well policies in ordinances in the City. A contract has been made by John Voss with Metro Council representa- tives and it appeared acceptable to the Met Council staff. Wilkins moved, Gits seconded the motion, to approve the comprehensive plan as submitted with the under- standing that revisions may be made to Section X regarding on-site septic systems and wells. All voted yes. LEMBKE FIRST ADDITION PRELIMINARY PLAT REZONING AND CONDITIONAL USE PERMIT Chairman Harrison convened the public hearings regarding the.applications of Werner Lembke for preliminary plat approval of Lembke First Addition, rezoning from . Agricultural to I-1, Limited Industrial, and conditional use permit to allow a truck terminal in a Limited Industrial district, all located on Wescott Road in Section 13. The 2.4 acre parcel would contain one lot and it is intended to be used for a truck terminal and storage. It was noted that the surrounding property• is zoned I-1 and Mr. Lembke is a contract hauler for the Bulk Mail Center. The proposal is for a 40 foot by 70 foot steel building in order to store and repair. trucks. Mr. and Mrs. Lembke were present is was Alan Hastings ,from Del Schwanz's office. It was noted that there would be between 10 to 15 employees. There was discussion concerning the ability of the septic system to adequately handle the property and the need.to inspect the system by the City staff. After considerable discussion, Wilkins moved,'Krob seconded the motion, to recommend approval of the 'rezoning from A to I-1. All voted in favor. 0 APC Minutes July 8, 1980 Page TWO Wilkins then moved and Cits seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. The proposed steel building.shall have no garage doors on the Wescott Road side. 2. An asphalt surface shall be provided and employee parking should be pro- vided on the west side of the proposed building. 3. The storage area shall contain crushed limestone and dust control measures shall be enforced. 4. There shall be no tractors or trailers stored on the property which do not have current licenses. 5. The proposed facility should be limited to between ten (10) and fifteen (15) trucks and trailers. 6. No truck or trailer parts or materials or other debris shall be stored outside of the building. 7. Trucks and trailers shall not be parked outside.of the storage area. B. The house on the plat should be restricted to either, an office or home for the caretaker of the facility. 9. Solid screening should be provided along Wescott Road and on the east property line of the facility with the plan to be approved by the City staff. 10. A $2,000 landscape bond shall be required and not released until one (1) year after the landscaping has been completed. 11. The proposed fuel tank shall meet all the requirements of the Eagan and State Fire Marshalls and the MPCA. 12. The proposed building should be required to be hooked up__to City water service and the existing on site sewer disposal system for the existing house must be reviewed and approved by the City prior to the construction of any new septic system. All members voted in favor. Then Wilkins moved, Cits seconded the motion, to recommend approval'of the conditional use permit for outside storage subject to compliance with the applicable conditions relating to the preliminary plat concerning outside storage with the understanding,.however, that the conditional use permit may be withdrawn by the City Council upon recommendation of the Planning Commission if the owner does not comply with the conditions provided.above." All voted yes. APC `(inutes • July 8, 1980 Page Three TWIN VIEW MANOR 2ND ADDITION PRELIMINARY PLAT Chairman Harrison convened a public hearing regarding the application of Richard Strom for preliminary plat approval of Twin View Manor 2nd Addition consisting of Lots 1-6, and Lots 10-16, Block 4, Twin View Manor. Mr. Strom was present and explained the proposal. Staff members indicated they had reviewed the project again .and indicated the proposal was the only feasible method for development. There was discussion concerning the easement to the existing street from Lot 11 and the need to control the location of houses within certain of the lots because of the steep grades. Richard Lane should be vacated and the developer should request vacation of the street including the north end of Erik's Boulevard according to staff recommendation. Mr. Strom has provided a U-shaped driveway with approximately 10% access grade to Lot 5. It was noted that Lot 4 would not have an 85 foot width at the 30 foot setback line and would require a variance. The staff recom- mended a 50 -foot driveway easement for Lot 10 on the west and the developer requested that a 30 -foot private Ariveway easement be permitted. It was recommended there be a cross easement or common driveway with Lot 11 with the property to be owned by the Lot 10 property owner. Roszak moved, Harrison seconded the motion, to recommend approval of the preliminary plat subject to the following: 1. The plat should be approved, subject to the Walden Heights final plat being recorded, because access to Twin View Manor 2nd Addition is provided from a stub street from the Walden Heights Addition. 2. The developer of Lot 4 would be required to locate and construct -the housing pad in the area shown on the plat submitted at the APC meeting. 3. The plat should be subject to the Dakota County Plat Commission's comments because the plat does abut a county road. 4. A revised grading and drainage plan shall be submitted indicating house bench elevations for each individual lot and how access is to be provided to Lot 5. 5. A 20 -foot utility easement shall be dedicated to provide for the utilities to the Twin View Manor Addition as determined by the City. 6. That the developer proceed with a petition to vacate Richard Lane and 'the north end of Erik's Boulevard. 7. That the owner will grant a 20 -foot utility.easement as determined by the city staff for the installation of utilities in Twin View Manor. All voted in favor. . Roszak then moved, Gits seconded the motion, to recommend approval of the variance for Lot 4 setback purposes because of the special topography. A11 voted in favor. APC Minutes • • Julv 8, 1980 Page Four JOYCE ADDITION REZONING AND PRELIMI-NARY PLAT i The public hearing was commenced regarding the application of Reuben and Joyce Meissner for approval fo rezone Lots 4 and 5, a portion of Auditor's Subdivision 38 on Highways 1149 and 1,155 including Lots 4 and 5 to GB, General Business, Lots 6-13 to R-'- and Lots 1-2 and 14-17 to R-1; further, the application for preliminary plat approval of Joyce Addition, all of which consists of 8.3 acres and contains two commercial lots, eight duplex lots, four buildings and seven single family lots. Reverend and Mrs. Meissner were present as was Allan Hastings of Del Schwartz's office. Rev. Meissner had no objections to the recommendations of the staff and several neighboring owners appeared and expressed strong concerns about drainage in the area. The applicant indicated that most drainage for Joyce Addition would be diverted to the north and would reduce the amount of drainage over the other adjacent property. It was also suggested that there be screening between the GB district and the Residential district and also concerns about solar access com- pliance. it was noted that the new Subdivision Ordinance would provide for such requirements. Gits moved to recommend approval of the application to.rezone according to the application, Roszak seconded the motion, all voted yes. Gits then moved, Wilkins seconded the motion, to recommend approval of the preliminary plat subject to the following: 1. The existing house on Lot 4.will become a nonconforming use and should be required to conform to the proposed zoning within five (5) years of approval of the preliminary plat. 2. Variance shall be granted for the length of the cul-de-sac street. 3.- Lots 4 and 5 abut State Highway right of way and shall be subject to Minnesota Department of Transportation recommendations and comments. 4. Grading, drainage and erosion control plans shall be approved by City staff prior to the approval of the final plat. 5. All easements shall be dedicated as requested by the City staff. 6. Fifteen (15) foot street right of way shall be dedicated along the northerly portion of Lot 1. 7. That the final plat shall not be approved until storm sewer outlet for. T. H. 055 has been installed and the outlet for the Burr Oak Pond has been ordered for improvement. 8. Lots 6 through 14 shall have a garage floor elevation a minimum of 12 inches above street grade. 9. That there be provision for berming and screening as soon as possible between the General Business, district and the residential lots according to a plan to be submitted by the developer and approved by the staff. There was discussion concerning a request of the developer to allow a develop- ment of a minimum number of lots prior to construction of storm drainage for the area. No action was taken on that matter. All voted in favor of the motion. Wilkins then moved, Roszak„seconded the motion, to recommend the 250 foot variance for the extra length cul-de-sac because of the topography and lack of an alternate access. All voted yes. I" , . APC Minutes • • July 8, 1980 Page Five L & F ADDITION REZONING AND PRELIMINARY PLAT . ` Chairman Harrison convened the public hearing concerning the application of Ralph Linvill to rezone approximately 6.4 acres from FP, Flood Plain District, to I-1, Limited Industrial located on part of Government Lots 3,4, and 8 in the south- west quarter of Section 18 on north Cedar Avenue. Further, an application for preliminary.plat approval of L & F Addition consisting of one proposed platted lot was also submitted. Mr. Linvill appeared as did Ralph Wagner, his engineer. It was noted that the lot would not include the old Palmer Nursery property and Mr. Linvill stated that the Corps of Engineers had indicated no objection and the Pollution Control Agency has also been contacted. Soil borings have been acquired and it was noted that a substantial amount of peat either would have to be removed or that piling would have to be installed for construction of a proposed warehouse building. There were concerns about outside storage and Planning Commission Members were not favorable towards such outside storage. Chairman Harrison opposed the project because of the precedent that could be caused by rezoning a Flood Plain District Area for industrial purposes, that the soil conditions are poor, that it would be environmentally damaging, the future use of the property is potentially for park purposes, the potential need for an EIS study and EAW and it was also noted that there was a trout stream through the area. Mr. Runkle indicated that an,EAW could be prepared for the next meeting of the APC. Krob moved, Wilkins seconded the motion to continue the application until the regular July 1980 meeting or the regular August meeting if the applicable information is not submitted to the staff's approval. This would apply both to rezoning and preliminary plat. All voted in favor. BRITTANY ADDITION: LOT 1 BLOCK 1, VARIANCE The public hearing concerning applications. for variance for Lot 1, Block 1, Brittany as submitted by William Dolan was next convened by the chairman. Mr. Dolan was present and stated that he had requested a five foot setback variance in order to build a residential home five feet from the side property line rather than the required 10 feet on Lot 1, Block 1, Brittany along Johnny Cake Ridge Road. He noted the berm is blocking the sunlight and a passive solar home is planned. There were no objections to the application. Harrison moved, Gits seconded the motion, to recommend approval of the application as submitted subject to compliance with all setback and ordinance requirements. All voted yea except Wilkins who was against and stated there was no hardship involved. PLANNED DEVELOPMENT ANNUAL REVIEWS Dale Runkle reported to the Council that Planned Development Annual Reviews are now due and requested whether a special meeting.should be set by the APC jointly with the Council to review the existing Planned Developments. Roszak moved, Bohne seconded a motion, to.designate September 9, 1980, at 7:00 p.m. as a special meeting of the Planning Commission and recommended that the Council - members also be invited to be present to review all planned developments within the City. APC Minutes July 8, 1980 Page Six 0 0 HOUSINC. ISSUE City Administrator Hedges discussed with the APC an informal request of Borson Corporation for the construction of a subsidized housing project on the north side of the City Hall. There was considerable discussion regarding policy to be set by the City concerning the installation_of subsidized housing areas. It was noted that some of the factors involved should be the need to adopt a policy. to look at the merits of each project, the conditions in the area, the surrounding uses, traffic issues, intensity of development, quality of the project, the nature of the development, the record of the developer in previous comparable develop- ments, the Met Council and County NRA guidelines on subsidized housing, compliance wit, the City housing plan and goals for subsidized housing, effect upon grant applications submitted by the City to state and federal agencies, the impact on community services, prior City policy, etc. The staff was requested to research the issue and submit further .information to the Commission at a later meeting. ADJOURV-TENT Upon motion by Harrison, seconded Wilkins, the meeting adjourned at 10: 25 p.m. All voted yes. Dated': 'July 8, 1980 APC 6MRETARY 11 4 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 8, 1980 A special meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 8, 1980, at 7:00 p.m. Present were Chairman Harrison and Planning Commission Members Bohne, Wilkins, Gits, Krob and Roszak. Member Hall was absent. Also present were Public Works Director Colbert, City Planner Runkle, City Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. PLEDGE OF ALLEGIANCE AND ROLL CALL After the Pledge of Allegiance, the roll call of the members present was taken. MINUTES Upon motion duly made and seconded, the minutes of the May 27, 1980, June 12, 1980, and June 24 meetings were approved. All voted yes. AGENDA The agenda was approved with the addition of discussion concerning housing to be added to the end of the agenda. COMPREHENSIVE PLAN Dale Runkle, City Planner, submitted a revision to Section X, paragraph D, on how the City will implement on-site septic systems and well policies in ordinances in the City. A contract has been made by John Voss with Metro Council representa- tives and it appeared acceptable to the Met Council staff. Wilkins moved, Gits seconded the motion, to approve the comprehensive plan as submitted with the under- standing that revisions may be made to Section X regarding on-site septic systems and wells. All voted yes. LEMBKE FIRST ADDITION PRELIMINARY PLAT REZONING AND CONDITIONAL USE PERMIT Chairman Harrison convened the public hearings regarding the.applications of Werner Lembke for preliminary plat approval of Lembke First Addition, rezoning from . Agricultural to I-1, Limited Industrial, and conditional use permit to allow a truck terminal in a Limited Industrial district, all located on Wescott Road in Section 13. The 2.4 acre parcel would contain one lot and it is intended to be used for a truck terminal and storage. It was noted that the surrounding property• is zoned I-1 and Mr. Lembke is a contract hauler for the Bulk Mail Center. The proposal is for a 40 foot by 70 foot steel building in order to store and repair. trucks. Mr. and Mrs. Lembke were present is was Alan Hastings ,from Del Schwanz's office. It was noted that there would be between 10 to 15 employees. There was discussion concerning the ability of the septic system to adequately handle the property and the need.to inspect the system by the City staff. After considerable discussion, Wilkins moved,'Krob seconded the motion, to recommend approval of the 'rezoning from A to I-1. All voted in favor. 0 APC Minutes July 8, 1980 Page TWO Wilkins then moved and Cits seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. The proposed steel building.shall have no garage doors on the Wescott Road side. 2. An asphalt surface shall be provided and employee parking should be pro- vided on the west side of the proposed building. 3. The storage area shall contain crushed limestone and dust control measures shall be enforced. 4. There shall be no tractors or trailers stored on the property which do not have current licenses. 5. The proposed facility should be limited to between ten (10) and fifteen (15) trucks and trailers. 6. No truck or trailer parts or materials or other debris shall be stored outside of the building. 7. Trucks and trailers shall not be parked outside.of the storage area. B. The house on the plat should be restricted to either, an office or home for the caretaker of the facility. 9. Solid screening should be provided along Wescott Road and on the east property line of the facility with the plan to be approved by the City staff. 10. A $2,000 landscape bond shall be required and not released until one (1) year after the landscaping has been completed. 11. The proposed fuel tank shall meet all the requirements of the Eagan and State Fire Marshalls and the MPCA. 12. The proposed building should be required to be hooked up__to City water service and the existing on site sewer disposal system for the existing house must be reviewed and approved by the City prior to the construction of any new septic system. All members voted in favor. Then Wilkins moved, Cits seconded the motion, to recommend approval'of the conditional use permit for outside storage subject to compliance with the applicable conditions relating to the preliminary plat concerning outside storage with the understanding,.however, that the conditional use permit may be withdrawn by the City Council upon recommendation of the Planning Commission if the owner does not comply with the conditions provided.above." All voted yes. APC `(inutes • July 8, 1980 Page Three TWIN VIEW MANOR 2ND ADDITION PRELIMINARY PLAT Chairman Harrison convened a public hearing regarding the application of Richard Strom for preliminary plat approval of Twin View Manor 2nd Addition consisting of Lots 1-6, and Lots 10-16, Block 4, Twin View Manor. Mr. Strom was present and explained the proposal. Staff members indicated they had reviewed the project again .and indicated the proposal was the only feasible method for development. There was discussion concerning the easement to the existing street from Lot 11 and the need to control the location of houses within certain of the lots because of the steep grades. Richard Lane should be vacated and the developer should request vacation of the street including the north end of Erik's Boulevard according to staff recommendation. Mr. Strom has provided a U-shaped driveway with approximately 10% access grade to Lot 5. It was noted that Lot 4 would not have an 85 foot width at the 30 foot setback line and would require a variance. The staff recom- mended a 50 -foot driveway easement for Lot 10 on the west and the developer requested that a 30 -foot private Ariveway easement be permitted. It was recommended there be a cross easement or common driveway with Lot 11 with the property to be owned by the Lot 10 property owner. Roszak moved, Harrison seconded the motion, to recommend approval of the preliminary plat subject to the following: 1. The plat should be approved, subject to the Walden Heights final plat being recorded, because access to Twin View Manor 2nd Addition is provided from a stub street from the Walden Heights Addition. 2. The developer of Lot 4 would be required to locate and construct -the housing pad in the area shown on the plat submitted at the APC meeting. 3. The plat should be subject to the Dakota County Plat Commission's comments because the plat does abut a county road. 4. A revised grading and drainage plan shall be submitted indicating house bench elevations for each individual lot and how access is to be provided to Lot 5. 5. A 20 -foot utility easement shall be dedicated to provide for the utilities to the Twin View Manor Addition as determined by the City. 6. That the developer proceed with a petition to vacate Richard Lane and 'the north end of Erik's Boulevard. 7. That the owner will grant a 20 -foot utility.easement as determined by the city staff for the installation of utilities in Twin View Manor. All voted in favor. . Roszak then moved, Gits seconded the motion, to recommend approval of the variance for Lot 4 setback purposes because of the special topography. A11 voted in favor. APC Minutes • • Julv 8, 1980 Page Four JOYCE ADDITION REZONING AND PRELIMI-NARY PLAT i The public hearing was commenced regarding the application of Reuben and Joyce Meissner for approval fo rezone Lots 4 and 5, a portion of Auditor's Subdivision 38 on Highways 1149 and 1,155 including Lots 4 and 5 to GB, General Business, Lots 6-13 to R-'- and Lots 1-2 and 14-17 to R-1; further, the application for preliminary plat approval of Joyce Addition, all of which consists of 8.3 acres and contains two commercial lots, eight duplex lots, four buildings and seven single family lots. Reverend and Mrs. Meissner were present as was Allan Hastings of Del Schwartz's office. Rev. Meissner had no objections to the recommendations of the staff and several neighboring owners appeared and expressed strong concerns about drainage in the area. The applicant indicated that most drainage for Joyce Addition would be diverted to the north and would reduce the amount of drainage over the other adjacent property. It was also suggested that there be screening between the GB district and the Residential district and also concerns about solar access com- pliance. it was noted that the new Subdivision Ordinance would provide for such requirements. Gits moved to recommend approval of the application to.rezone according to the application, Roszak seconded the motion, all voted yes. Gits then moved, Wilkins seconded the motion, to recommend approval of the preliminary plat subject to the following: 1. The existing house on Lot 4.will become a nonconforming use and should be required to conform to the proposed zoning within five (5) years of approval of the preliminary plat. 2. Variance shall be granted for the length of the cul-de-sac street. 3.- Lots 4 and 5 abut State Highway right of way and shall be subject to Minnesota Department of Transportation recommendations and comments. 4. Grading, drainage and erosion control plans shall be approved by City staff prior to the approval of the final plat. 5. All easements shall be dedicated as requested by the City staff. 6. Fifteen (15) foot street right of way shall be dedicated along the northerly portion of Lot 1. 7. That the final plat shall not be approved until storm sewer outlet for. T. H. 055 has been installed and the outlet for the Burr Oak Pond has been ordered for improvement. 8. Lots 6 through 14 shall have a garage floor elevation a minimum of 12 inches above street grade. 9. That there be provision for berming and screening as soon as possible between the General Business, district and the residential lots according to a plan to be submitted by the developer and approved by the staff. There was discussion concerning a request of the developer to allow a develop- ment of a minimum number of lots prior to construction of storm drainage for the area. No action was taken on that matter. All voted in favor of the motion. Wilkins then moved, Roszak„seconded the motion, to recommend the 250 foot variance for the extra length cul-de-sac because of the topography and lack of an alternate access. All voted yes. I" , . APC Minutes • • July 8, 1980 Page Five L & F ADDITION REZONING AND PRELIMINARY PLAT . ` Chairman Harrison convened the public hearing concerning the application of Ralph Linvill to rezone approximately 6.4 acres from FP, Flood Plain District, to I-1, Limited Industrial located on part of Government Lots 3,4, and 8 in the south- west quarter of Section 18 on north Cedar Avenue. Further, an application for preliminary.plat approval of L & F Addition consisting of one proposed platted lot was also submitted. Mr. Linvill appeared as did Ralph Wagner, his engineer. It was noted that the lot would not include the old Palmer Nursery property and Mr. Linvill stated that the Corps of Engineers had indicated no objection and the Pollution Control Agency has also been contacted. Soil borings have been acquired and it was noted that a substantial amount of peat either would have to be removed or that piling would have to be installed for construction of a proposed warehouse building. There were concerns about outside storage and Planning Commission Members were not favorable towards such outside storage. Chairman Harrison opposed the project because of the precedent that could be caused by rezoning a Flood Plain District Area for industrial purposes, that the soil conditions are poor, that it would be environmentally damaging, the future use of the property is potentially for park purposes, the potential need for an EIS study and EAW and it was also noted that there was a trout stream through the area. Mr. Runkle indicated that an,EAW could be prepared for the next meeting of the APC. Krob moved, Wilkins seconded the motion to continue the application until the regular July 1980 meeting or the regular August meeting if the applicable information is not submitted to the staff's approval. This would apply both to rezoning and preliminary plat. All voted in favor. BRITTANY ADDITION: LOT 1 BLOCK 1, VARIANCE The public hearing concerning applications. for variance for Lot 1, Block 1, Brittany as submitted by William Dolan was next convened by the chairman. Mr. Dolan was present and stated that he had requested a five foot setback variance in order to build a residential home five feet from the side property line rather than the required 10 feet on Lot 1, Block 1, Brittany along Johnny Cake Ridge Road. He noted the berm is blocking the sunlight and a passive solar home is planned. There were no objections to the application. Harrison moved, Gits seconded the motion, to recommend approval of the application as submitted subject to compliance with all setback and ordinance requirements. All voted yea except Wilkins who was against and stated there was no hardship involved. PLANNED DEVELOPMENT ANNUAL REVIEWS Dale Runkle reported to the Council that Planned Development Annual Reviews are now due and requested whether a special meeting.should be set by the APC jointly with the Council to review the existing Planned Developments. Roszak moved, Bohne seconded a motion, to.designate September 9, 1980, at 7:00 p.m. as a special meeting of the Planning Commission and recommended that the Council - members also be invited to be present to review all planned developments within the City. APC Minutes July 8, 1980 Page Six 0 0 HOUSINC. ISSUE City Administrator Hedges discussed with the APC an informal request of Borson Corporation for the construction of a subsidized housing project on the north side of the City Hall. There was considerable discussion regarding policy to be set by the City concerning the installation_of subsidized housing areas. It was noted that some of the factors involved should be the need to adopt a policy. to look at the merits of each project, the conditions in the area, the surrounding uses, traffic issues, intensity of development, quality of the project, the nature of the development, the record of the developer in previous comparable develop- ments, the Met Council and County NRA guidelines on subsidized housing, compliance wit, the City housing plan and goals for subsidized housing, effect upon grant applications submitted by the City to state and federal agencies, the impact on community services, prior City policy, etc. The staff was requested to research the issue and submit further .information to the Commission at a later meeting. ADJOURV-TENT Upon motion by Harrison, seconded Wilkins, the meeting adjourned at 10: 25 p.m. All voted yes. Dated': 'July 8, 1980 APC 6MRETARY