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03/22/1983 - City Council Regular• 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MARCH 22, 1983 A regularimeeting of the Eagan Advisory Planning Commission was held on Tuesday, March 22, 1983, at the Eagan City Hall commencing at 7:00 p.m. Those present were Chairman Hall, Members McCrea, Krob, Wold, Turnham and alternate Mulrooney. Absent were Bohne and Wilkins. Also present were City Planner Runkle, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Wold moved, Mulrooney seconded the motion to approve the Agenda as dis- tributed. All voted in favor. Upon motion by McCrea, seconded Hall, it was resolved that the minutes of the February 22, 1983 regular meeting be approved as distributed. All voted in favor. THIRD NORTHWESTERN NATIONAL BANK - PYLON SIGN A public hearing regarding the application of Third Northwestern National Bank of Minneapolis for conditional use permit for pylon sign at 3360 Pilot Knob Road was considered by the Planning Commission. The preliminary plat for Third Northwestern National Bank was approved by the City Council in January of 1983 and the temporary pylon sign will be located in the southwest corner of the temporary facility. When the new facility is completed, the sign will then be moved to its permanent location at the southwest corner of the lot. Larry Kranning, Manager of the bank was present and indicated that there will be only one sign. There were questions about the possible location of other potential pylon signs in the area which is unknown. Krob moved, Mulrooney seconded the motion to approve the application based upon the following condi- tions: 1. No more than one sign be allowed for the Northwestern National Bank facility. 2. The sign be no more than 27 feet in height. 3. The sign be no more than 125 square feet per side. 4. The conditional use permit will allow the temporary sign and also the relocation of the temporary sign to its permanent location. 5. Compliance with all applicable sign ordinance provisions. All voted in favor. • APC Minutes March 22, 1983 • JEANNE ALLAN - DOG GROOMING FACILITY - CONDITIONAL USE PERMIT The hearing regarding the.application of Jeanne Allan for conditional use permit to allow a dog grooming facility on Lot 1, Block 1, Silver Bell Shop- ping Center, 1975 Silver Bell Road, was convened by Chairman Hall. Jeanne Allan was present and there were no objections. There were concerns about notice to adjoining shop owners and there were no other appearances. Ms. Allan indicated that there would be no kenneling and only dog grooming and 'that the approximate hours are 8:00 a.m. to 6:00 p.m. Only the shopping center owner was notified of the hearing. She stated there would be four to six dogs per groomer, per day. Mulrooney moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 1. The facility being used strictly for animal grooming and that no boarding of animals be authorized. 2. That the activity of the facility be limited to normal business hours, with a maximum closing time similar to other retail shops in the center, but not later than 9:00 p.m. All voted yes. MCDONALDS CORPORATION - DRIVE-THRO FACILITY The public hearing regarding the application of McDonalds Corporation for conditional use permit for drive-thru restaurant facility at 1995 Silver Bell Road was convened by the Chairman. Richard Engstrom appeared for the appli- cant and stated that in 1981, McDonalds had appeared before the Council with a different drive-thru facility proposal which was denied at that time. He stated that McDonalds would retain its existing trash facility at the store without change. Eight inside seats would .be lost from a total of 124 and parking loss would be 5 stalls at a 10 foot x 20 foot stall size. There were concerns about stacking distance for the ordering station and it was noted that about 3 1/2 cars, plus the car at the ordering station would be able to line up along ther building. There would be 30 to 40 minutes per day when there would be some congestion, according to Mr. Engstrom's estimate. Krob moved, Turnham seconded the motion to recommend approval, subject to the following conditions: 1. The parking spaces shall be 10 feet x 20 feet. 2. Directional signs shall be installed designating entrance and exit to provide proper traffic circulation. 3. Drainage shall be improved according to plans approved by the City staff. All voted yes. E L APC Minutes March 22, 1983 0 CARL R. TOLLEFSON - BRITTANY 4TH ADDITION - VARIANCE The application of Carl Tollefson for five foot side setback variance from Lot 11, Block 1, Brittany 4th Addition was considered by the Planning Commission members. Preliminary plat approval for the 4th Addition was given in July of 1982 and it was noted that a home has now been constructed on Lot 11, Block 1, and a 5 foot survey error has been determined which provides for a 5 foot side setback on the lot. Several options were discussed, including replatting and relocating the westerly lot line of Lot 10, and adding 5 additional feet or request a variance from the side setback requirement. The staff recommended that the variance be allowed and; instead of replatting Lot 11 to add additional land, that the developer could provide the same setback or a greater setback on Lot 10. This would then provide the proper spacing between units, depending on whether the garage or the principal residence will adjoin the neighboring lot. There was no appearance for the applicant. There is no building on the adjoining lot and the same owner owns both lots. There were no objections to the application. Upon motion by Wold, seconded Mulrooney, it was recommended that the application be approved, subject to the following., 1. That either a 10 foot or 15 foot side setback be required from the easterly line of Lot 10 when the construction commences, depending on whether a garage or principal residence is located on that lot, closer to the property line. 2. Compliance with all other ordinance provisions. All voted in favor. WOODHAVEN ADDITION - REZONING AND PRELDIINARY PLAT The application of Terry Stover for rezoning approximately two acres from CSC (Community Shopping Center) to R-4 (Residential Multiple District) and preliminary plat approval of Woodhaven Addition covering property in the East 1/2 of the Northeast 1/4 of Section 19, at the southeast corner of Rahn Road and Beau D' Rue Drive was next convened by the Chairman. Mr. Stover was present and explained the applications. He stated that an attempt was being made to leave a buffer to the south, partly because of the terrain and also because of the heavy quality of tree stand. He indicated that it's a very steep parcel and very difficult to develop and that he tried to eliminate all traffic exiting onto Rahn Road only because of the grade on the street. All of the inside garages would be tuck -under. Part of the property is zoned R-4 and part is zoned CSC with the CSC District requiring conditional use permit for multiple development construction. The proposal is for two 18 -unit apart- ment buildings for a total of 36 dwelling units with 8 studios and 10 one - 3 0 0 APC Minutes March 22, 1983 bedroom with den, in each of the buildings. Two of the 10 one -bedroom units are being -proposed for handicapped persons in each building. Total density would be approximately 2.4 dwelling units over the allowed density for the net area of the lots under the application. Staff recommended reduction of the density. The applicant proposed 13 underground parking spaces for the dwelling unit and the Ordinance requires one garage space for each dwelling unit and 1 1/2 parking spaces per unit, for a total of 2 1/2 parking spaces per unit. A revision to the plan provides for 4 additional garage spaces on the end of each apartment building. The applicant proposes 30 outside spaces on Building A and 29 spaces for Building B. In addition, the outside spaces should be 10 feet x 20 feet, according to the City parking requirements. Mr. Stover stated that the variance for an extra 2.4 units would have little effect in basically a commercial area, and also the units are quite small so there are fewer people per unit. Each building covers 11.4% of the site, well under the 20% maximum, according to Mr. Stover. Another variance to allow 17 rather than 18 garage spaces, or in the alternate, 13 spaces, with 5 garage space variance per building, was discussed. Mr. Stover stated that either is possible to construct but there is greater fill to the east if the extra garages must be built, with fill on the park land. The third variance would be not to provide the 7 foot variance requested for additional right-of- way on Rahn and Beau D' Rue Roads to request a 7 foot variance from the 50 foot setback on Rahn and on Beau D' Rue Drive. Steve Darling, a member of the Board of Mt. Calvary Church was present and expressed concern about the view from the Pastor's residence of the apartment buildings and possible destruc- tion of the view. He stated the church had taken no formal action because it had very little information at the last Church Council meeting. Staff members recommended soil erosion measures along the park land be provided and approved. Mr. Mulrooney had concerns about whether there was any hardship to authorize variances. It was noted that the construction must utilize the uniqueness of the site. Mr. Stover stated the rentals would be from the low $300.00 range to the high $300.00 range, per month. It was also noted that there would be 42 and 43 parking spaces, if there are only 13 inside parking spaces per unit, and therefore would not meet the 45 parking space minimum per building. ' Chairman Hall had concerns about the impact on Woodhaven Park and the potential value of the taking of park land by the adding of additional material and the need for the parking, and further, that the Mt. Calvary Church Council review the application. Mulrooney moved, Turnham seconded the motion to continue the hearing until the next regular meeting to allow the Park Committee to review the application and make recommendations to the Planning Commission and also to allow the Mt. Calvary Church Council to con- sider the applications. All voted yes. 4 APC Minutes March 22, 1983 0 0 SUNSET ADDITION - REZONING AND PRELnunRY PLAT The public hearing regarding the application of Bradley Swenson and Tri - Land Company for rezoning approximately 5 acres from R-1 (Residential Single) to R-1 PD to allow deviation from the R-1 zoning requirements and for prelimi- nary plat approval of Sunset Addition, containing 18 single family lots, was convened by the Chairman. Bradley Swenson was present and reviewed the appli- cations with the Planning Commission members. It was noted that an applica- tion had been submitted in 1978 for rezoning and platting of this particular parcel and at that time, the preliminary plat was not completed because of technical bonding requirements that were not met by the applicant. The smallest lot would provide 67 foot lot width and 9,443 square feet, with the largest lot 85 feet wide and 11,980 square feet. The gross density is 3.6 dwelling units per acre and net density of 4.3 dwelling units per acre. The applicant is proposing to dedicate a 25 foot half right-of-way for the exten- sion of Hackmore Drive and an additional 5 feet would be required from the property owner on the south for right-of-way. If it cannot be aquired, then the entire 50 feet of right-of-way must be provided by the applicant. Fur- ther, it was recommended that on-site ponding be provided until storm sewers are brought in to the area. Mr. Swenson stated the attempt is to provide for salable lots and indicated the property is basically flat with the drainage pattern to be maintained essentially as it exists at the present time. A number of neighboring property owners were present objecting to the application, including the owner of the land directly to the west who had questions. It was noted that a number of the parcels to the south and west are five acres in size and the lots to the east are considerably higher than those proposed. There were objections to the small lot sizes and also some adjacent owners stated that they felt that drainage problems would result. There were also objections that emergency vehicles cannot maneuver on the cul- de-sac and that excessive traffic would be created. A petition from objecting neighboring property owners, some of whom favored 100 foot lots, was submitted to the Planning Commission. Phil Brandt also appeared on behalf of the appli- cant. Of 22 homeowners in Saddlehorn Addition, 18 signed the Petition op- posing the density. Mr. Mulrooney objected to the use of the Planned Develop- ment to circumvent the minimum lot sizes for single purpose relatively small parcels. Runkle indicated that the City Council has allowed deviation from the strict requirements of the Ordinance by Planned Developments under special circumstances and there was discussion concerning the definition of Planned Development and the purpose of PD in the City. Swenson stated that there is a surplus of large single-family lots and large lots are not selling at the present time. The hardship appears to be the inability to sell large lots and noted that R-1 provides for 0-3 units per acre. Mulrooney moved, McCrea seconded the motion to recommend denial of the application for rezoning and for preliminary plat approval for reasons including those stated above and the following: 5 0 0 APC Minutes March 22, 1983 1. The application is for R-1 as a part of a Planned Development and the information received by the Planning Commission is that the definition of Planned Development is not applicable to the parcel being proposed for PD. 2. The size of the proposed lots is inconsistent with the density of adjacent lots, particularly to the South and West. 3. The proposal is inconsistent with the Comprehensive Plan for the subject parcel. It was noted, however, that the parcel could be platted into approximate- ly 14 lots to conform with minimum lot sizes. All voted in favor. 3RD ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Windtree Company, c/o Richardson i{ Properties, Inc. for rezoning Blocks 1, 2, and 3, Windtree 2nd Addition, consisting of approximately 15 acres from R-1 to R-1 PD, to allow deviation from R-1 zoning standards, and to replat Blocks 1, 2, and 3, Windtree 2nd Addition, into 39 single family lots, to be called Windtree 3rd Addition, was next convened. Jim Hill, Planner, and Martha Gillman appeared for the appli- cant. Mr. Hill stated that the increase will be 27 to 39 lots with a 65 foot minimum at the 30 foot setback line with the smallest lot being 9,100 square feet. Mr. Hill stated that a neighborhood meeting had been held with the property owners in the South Hills addition to explain the proposal. He further stated that there is natural topography on the property and there is a tree separation between the areas of east and west Elrene Road, and further, that lots backing on to Elrene Road meet the City Code requirements. He stated that market demands require smaller lots. Martha Gillman indicated the project had been started in 1979 with very slow sales through 1981 and no activity had taken place in the 1st addition, with no interest in the 2nd Addition through 1982. Covenants will be included covering the lots and an architectural control committee will also be implemented. Steven Bryant of West Publish4ng Co. expressed concerns about the barriers that would be desirable between the residential parcels and the West Publishing Industrial area, particularly if smaller lots are provided. It was noted that the subject land was zoned _ndustrial when West Publishing acquired its property to the east. There were concerns about precedent and assurance from the developer of suitable bu_"'ers to maintain separation between the residential and industrial property. 5 APC Minutes March 22, 1983 Neighboring owners objected to the reduction below the R-1 standards, including Larry Frank, a neighbor from South Hills who stated that Windtree 2nd Addition meets only minimum standards under the R-1 requirements. He also stated that South Hills took a long time to develop because of its remote location and lack of activity in the immediate area. There was also concern about reduction of vegetation, that the parcels in the subdivision would not be compatible with the irregular site, that the remaining Windtree area would be rezoned and also the size of the proposed lots, but no committment was made by the developers regarding the remainder of the property at the present time. There were concerns about degrading the value of the sizable homes in South Hills and that this is simply an attempt to circumvent the requirements of the City Ordinance. Mr. Hill stated that the topopgraphy dictates.the location of the streets and there would be no change in the streets. There were questions about prices for lots and whether there actually would be a reduction in the sale price of the smaller lots. McCrea had concerns about the policy of the City in regard to reducing lot sizes under Planned Development zoning and Mr. Turnham felt that the Planned Development method to allow deviations was preferable to authorizing substantial reduction in minimum lot size according to the ordinance. Mr. Hill stated that he was unsure whether the developer would continue with the same plan for the balance of the Windtree Addition lots. Wold moved, Hall seconded the motion to recommend denial of the appli- cation for rezoning for reasons mentioned above and the following: 1. It is inconsistent with the development of the adjacent property to the west, South Hills Addition. 2. It is inconsistent with the development of the Windtree property generally. 3. The reasons for the hardship deviations under the minimum require- ments of the zoning ordinance are based upon market conditions and it is not an adequate reason for the deviation. All voted yes. PLANNED DEVELOPMENT DEVIATIONS There were questions from Planning Commission members whether the Planned Development zoning was intended to be used and should be used for deviations from minimum requirements under the single-family and under residential zoning categories to reduce lot sizes. Some members stated the purpose of the Planned Development was to blend different land uses and not necessarily subvert the strict minimum requirements. Also, there were concerns about misleading previous buyers of adjacent property regarding the minimum lot standards. It was recommended the City Council review the policy regarding deviations under Planned Developments. Several alternates were suggested: 7 • 0 APC Minutes March 22, 1983 1. Possible new category for residential lots below the minimum lot guidelines. 2. The use of Planned Developments with an agreement covering the guidelines for the lot. ' 3. Straight variances from minimum lot requirements. 4. Limitation of the strict ordinance provisions and refusal to use Planned Development zoning for deviations. It was further recommended that a special meeting with the City Council be scheduled possibly for April 12, 1983 at the City Hall to discuss planning issues, including the Planned Development with the City Council. Upon motion by McCrea, seconded Mulrooney, it was resolved that the ?'. meeting adjourn at 11:05 p.m. PHH Secretary D • 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MARCH 22, 1983 A regularimeeting of the Eagan Advisory Planning Commission was held on Tuesday, March 22, 1983, at the Eagan City Hall commencing at 7:00 p.m. Those present were Chairman Hall, Members McCrea, Krob, Wold, Turnham and alternate Mulrooney. Absent were Bohne and Wilkins. Also present were City Planner Runkle, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Wold moved, Mulrooney seconded the motion to approve the Agenda as dis- tributed. All voted in favor. Upon motion by McCrea, seconded Hall, it was resolved that the minutes of the February 22, 1983 regular meeting be approved as distributed. All voted in favor. THIRD NORTHWESTERN NATIONAL BANK - PYLON SIGN A public hearing regarding the application of Third Northwestern National Bank of Minneapolis for conditional use permit for pylon sign at 3360 Pilot Knob Road was considered by the Planning Commission. The preliminary plat for Third Northwestern National Bank was approved by the City Council in January of 1983 and the temporary pylon sign will be located in the southwest corner of the temporary facility. When the new facility is completed, the sign will then be moved to its permanent location at the southwest corner of the lot. Larry Kranning, Manager of the bank was present and indicated that there will be only one sign. There were questions about the possible location of other potential pylon signs in the area which is unknown. Krob moved, Mulrooney seconded the motion to approve the application based upon the following condi- tions: 1. No more than one sign be allowed for the Northwestern National Bank facility. 2. The sign be no more than 27 feet in height. 3. The sign be no more than 125 square feet per side. 4. The conditional use permit will allow the temporary sign and also the relocation of the temporary sign to its permanent location. 5. Compliance with all applicable sign ordinance provisions. All voted in favor. • APC Minutes March 22, 1983 • JEANNE ALLAN - DOG GROOMING FACILITY - CONDITIONAL USE PERMIT The hearing regarding the.application of Jeanne Allan for conditional use permit to allow a dog grooming facility on Lot 1, Block 1, Silver Bell Shop- ping Center, 1975 Silver Bell Road, was convened by Chairman Hall. Jeanne Allan was present and there were no objections. There were concerns about notice to adjoining shop owners and there were no other appearances. Ms. Allan indicated that there would be no kenneling and only dog grooming and 'that the approximate hours are 8:00 a.m. to 6:00 p.m. Only the shopping center owner was notified of the hearing. She stated there would be four to six dogs per groomer, per day. Mulrooney moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 1. The facility being used strictly for animal grooming and that no boarding of animals be authorized. 2. That the activity of the facility be limited to normal business hours, with a maximum closing time similar to other retail shops in the center, but not later than 9:00 p.m. All voted yes. MCDONALDS CORPORATION - DRIVE-THRO FACILITY The public hearing regarding the application of McDonalds Corporation for conditional use permit for drive-thru restaurant facility at 1995 Silver Bell Road was convened by the Chairman. Richard Engstrom appeared for the appli- cant and stated that in 1981, McDonalds had appeared before the Council with a different drive-thru facility proposal which was denied at that time. He stated that McDonalds would retain its existing trash facility at the store without change. Eight inside seats would .be lost from a total of 124 and parking loss would be 5 stalls at a 10 foot x 20 foot stall size. There were concerns about stacking distance for the ordering station and it was noted that about 3 1/2 cars, plus the car at the ordering station would be able to line up along ther building. There would be 30 to 40 minutes per day when there would be some congestion, according to Mr. Engstrom's estimate. Krob moved, Turnham seconded the motion to recommend approval, subject to the following conditions: 1. The parking spaces shall be 10 feet x 20 feet. 2. Directional signs shall be installed designating entrance and exit to provide proper traffic circulation. 3. Drainage shall be improved according to plans approved by the City staff. All voted yes. E L APC Minutes March 22, 1983 0 CARL R. TOLLEFSON - BRITTANY 4TH ADDITION - VARIANCE The application of Carl Tollefson for five foot side setback variance from Lot 11, Block 1, Brittany 4th Addition was considered by the Planning Commission members. Preliminary plat approval for the 4th Addition was given in July of 1982 and it was noted that a home has now been constructed on Lot 11, Block 1, and a 5 foot survey error has been determined which provides for a 5 foot side setback on the lot. Several options were discussed, including replatting and relocating the westerly lot line of Lot 10, and adding 5 additional feet or request a variance from the side setback requirement. The staff recommended that the variance be allowed and; instead of replatting Lot 11 to add additional land, that the developer could provide the same setback or a greater setback on Lot 10. This would then provide the proper spacing between units, depending on whether the garage or the principal residence will adjoin the neighboring lot. There was no appearance for the applicant. There is no building on the adjoining lot and the same owner owns both lots. There were no objections to the application. Upon motion by Wold, seconded Mulrooney, it was recommended that the application be approved, subject to the following., 1. That either a 10 foot or 15 foot side setback be required from the easterly line of Lot 10 when the construction commences, depending on whether a garage or principal residence is located on that lot, closer to the property line. 2. Compliance with all other ordinance provisions. All voted in favor. WOODHAVEN ADDITION - REZONING AND PRELDIINARY PLAT The application of Terry Stover for rezoning approximately two acres from CSC (Community Shopping Center) to R-4 (Residential Multiple District) and preliminary plat approval of Woodhaven Addition covering property in the East 1/2 of the Northeast 1/4 of Section 19, at the southeast corner of Rahn Road and Beau D' Rue Drive was next convened by the Chairman. Mr. Stover was present and explained the applications. He stated that an attempt was being made to leave a buffer to the south, partly because of the terrain and also because of the heavy quality of tree stand. He indicated that it's a very steep parcel and very difficult to develop and that he tried to eliminate all traffic exiting onto Rahn Road only because of the grade on the street. All of the inside garages would be tuck -under. Part of the property is zoned R-4 and part is zoned CSC with the CSC District requiring conditional use permit for multiple development construction. The proposal is for two 18 -unit apart- ment buildings for a total of 36 dwelling units with 8 studios and 10 one - 3 0 0 APC Minutes March 22, 1983 bedroom with den, in each of the buildings. Two of the 10 one -bedroom units are being -proposed for handicapped persons in each building. Total density would be approximately 2.4 dwelling units over the allowed density for the net area of the lots under the application. Staff recommended reduction of the density. The applicant proposed 13 underground parking spaces for the dwelling unit and the Ordinance requires one garage space for each dwelling unit and 1 1/2 parking spaces per unit, for a total of 2 1/2 parking spaces per unit. A revision to the plan provides for 4 additional garage spaces on the end of each apartment building. The applicant proposes 30 outside spaces on Building A and 29 spaces for Building B. In addition, the outside spaces should be 10 feet x 20 feet, according to the City parking requirements. Mr. Stover stated that the variance for an extra 2.4 units would have little effect in basically a commercial area, and also the units are quite small so there are fewer people per unit. Each building covers 11.4% of the site, well under the 20% maximum, according to Mr. Stover. Another variance to allow 17 rather than 18 garage spaces, or in the alternate, 13 spaces, with 5 garage space variance per building, was discussed. Mr. Stover stated that either is possible to construct but there is greater fill to the east if the extra garages must be built, with fill on the park land. The third variance would be not to provide the 7 foot variance requested for additional right-of- way on Rahn and Beau D' Rue Roads to request a 7 foot variance from the 50 foot setback on Rahn and on Beau D' Rue Drive. Steve Darling, a member of the Board of Mt. Calvary Church was present and expressed concern about the view from the Pastor's residence of the apartment buildings and possible destruc- tion of the view. He stated the church had taken no formal action because it had very little information at the last Church Council meeting. Staff members recommended soil erosion measures along the park land be provided and approved. Mr. Mulrooney had concerns about whether there was any hardship to authorize variances. It was noted that the construction must utilize the uniqueness of the site. Mr. Stover stated the rentals would be from the low $300.00 range to the high $300.00 range, per month. It was also noted that there would be 42 and 43 parking spaces, if there are only 13 inside parking spaces per unit, and therefore would not meet the 45 parking space minimum per building. ' Chairman Hall had concerns about the impact on Woodhaven Park and the potential value of the taking of park land by the adding of additional material and the need for the parking, and further, that the Mt. Calvary Church Council review the application. Mulrooney moved, Turnham seconded the motion to continue the hearing until the next regular meeting to allow the Park Committee to review the application and make recommendations to the Planning Commission and also to allow the Mt. Calvary Church Council to con- sider the applications. All voted yes. 4 APC Minutes March 22, 1983 0 0 SUNSET ADDITION - REZONING AND PRELnunRY PLAT The public hearing regarding the application of Bradley Swenson and Tri - Land Company for rezoning approximately 5 acres from R-1 (Residential Single) to R-1 PD to allow deviation from the R-1 zoning requirements and for prelimi- nary plat approval of Sunset Addition, containing 18 single family lots, was convened by the Chairman. Bradley Swenson was present and reviewed the appli- cations with the Planning Commission members. It was noted that an applica- tion had been submitted in 1978 for rezoning and platting of this particular parcel and at that time, the preliminary plat was not completed because of technical bonding requirements that were not met by the applicant. The smallest lot would provide 67 foot lot width and 9,443 square feet, with the largest lot 85 feet wide and 11,980 square feet. The gross density is 3.6 dwelling units per acre and net density of 4.3 dwelling units per acre. The applicant is proposing to dedicate a 25 foot half right-of-way for the exten- sion of Hackmore Drive and an additional 5 feet would be required from the property owner on the south for right-of-way. If it cannot be aquired, then the entire 50 feet of right-of-way must be provided by the applicant. Fur- ther, it was recommended that on-site ponding be provided until storm sewers are brought in to the area. Mr. Swenson stated the attempt is to provide for salable lots and indicated the property is basically flat with the drainage pattern to be maintained essentially as it exists at the present time. A number of neighboring property owners were present objecting to the application, including the owner of the land directly to the west who had questions. It was noted that a number of the parcels to the south and west are five acres in size and the lots to the east are considerably higher than those proposed. There were objections to the small lot sizes and also some adjacent owners stated that they felt that drainage problems would result. There were also objections that emergency vehicles cannot maneuver on the cul- de-sac and that excessive traffic would be created. A petition from objecting neighboring property owners, some of whom favored 100 foot lots, was submitted to the Planning Commission. Phil Brandt also appeared on behalf of the appli- cant. Of 22 homeowners in Saddlehorn Addition, 18 signed the Petition op- posing the density. Mr. Mulrooney objected to the use of the Planned Develop- ment to circumvent the minimum lot sizes for single purpose relatively small parcels. Runkle indicated that the City Council has allowed deviation from the strict requirements of the Ordinance by Planned Developments under special circumstances and there was discussion concerning the definition of Planned Development and the purpose of PD in the City. Swenson stated that there is a surplus of large single-family lots and large lots are not selling at the present time. The hardship appears to be the inability to sell large lots and noted that R-1 provides for 0-3 units per acre. Mulrooney moved, McCrea seconded the motion to recommend denial of the application for rezoning and for preliminary plat approval for reasons including those stated above and the following: 5 0 0 APC Minutes March 22, 1983 1. The application is for R-1 as a part of a Planned Development and the information received by the Planning Commission is that the definition of Planned Development is not applicable to the parcel being proposed for PD. 2. The size of the proposed lots is inconsistent with the density of adjacent lots, particularly to the South and West. 3. The proposal is inconsistent with the Comprehensive Plan for the subject parcel. It was noted, however, that the parcel could be platted into approximate- ly 14 lots to conform with minimum lot sizes. All voted in favor. 3RD ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Windtree Company, c/o Richardson i{ Properties, Inc. for rezoning Blocks 1, 2, and 3, Windtree 2nd Addition, consisting of approximately 15 acres from R-1 to R-1 PD, to allow deviation from R-1 zoning standards, and to replat Blocks 1, 2, and 3, Windtree 2nd Addition, into 39 single family lots, to be called Windtree 3rd Addition, was next convened. Jim Hill, Planner, and Martha Gillman appeared for the appli- cant. Mr. Hill stated that the increase will be 27 to 39 lots with a 65 foot minimum at the 30 foot setback line with the smallest lot being 9,100 square feet. Mr. Hill stated that a neighborhood meeting had been held with the property owners in the South Hills addition to explain the proposal. He further stated that there is natural topography on the property and there is a tree separation between the areas of east and west Elrene Road, and further, that lots backing on to Elrene Road meet the City Code requirements. He stated that market demands require smaller lots. Martha Gillman indicated the project had been started in 1979 with very slow sales through 1981 and no activity had taken place in the 1st addition, with no interest in the 2nd Addition through 1982. Covenants will be included covering the lots and an architectural control committee will also be implemented. Steven Bryant of West Publish4ng Co. expressed concerns about the barriers that would be desirable between the residential parcels and the West Publishing Industrial area, particularly if smaller lots are provided. It was noted that the subject land was zoned _ndustrial when West Publishing acquired its property to the east. There were concerns about precedent and assurance from the developer of suitable bu_"'ers to maintain separation between the residential and industrial property. 5 APC Minutes March 22, 1983 Neighboring owners objected to the reduction below the R-1 standards, including Larry Frank, a neighbor from South Hills who stated that Windtree 2nd Addition meets only minimum standards under the R-1 requirements. He also stated that South Hills took a long time to develop because of its remote location and lack of activity in the immediate area. There was also concern about reduction of vegetation, that the parcels in the subdivision would not be compatible with the irregular site, that the remaining Windtree area would be rezoned and also the size of the proposed lots, but no committment was made by the developers regarding the remainder of the property at the present time. There were concerns about degrading the value of the sizable homes in South Hills and that this is simply an attempt to circumvent the requirements of the City Ordinance. Mr. Hill stated that the topopgraphy dictates.the location of the streets and there would be no change in the streets. There were questions about prices for lots and whether there actually would be a reduction in the sale price of the smaller lots. McCrea had concerns about the policy of the City in regard to reducing lot sizes under Planned Development zoning and Mr. Turnham felt that the Planned Development method to allow deviations was preferable to authorizing substantial reduction in minimum lot size according to the ordinance. Mr. Hill stated that he was unsure whether the developer would continue with the same plan for the balance of the Windtree Addition lots. Wold moved, Hall seconded the motion to recommend denial of the appli- cation for rezoning for reasons mentioned above and the following: 1. It is inconsistent with the development of the adjacent property to the west, South Hills Addition. 2. It is inconsistent with the development of the Windtree property generally. 3. The reasons for the hardship deviations under the minimum require- ments of the zoning ordinance are based upon market conditions and it is not an adequate reason for the deviation. All voted yes. PLANNED DEVELOPMENT DEVIATIONS There were questions from Planning Commission members whether the Planned Development zoning was intended to be used and should be used for deviations from minimum requirements under the single-family and under residential zoning categories to reduce lot sizes. Some members stated the purpose of the Planned Development was to blend different land uses and not necessarily subvert the strict minimum requirements. Also, there were concerns about misleading previous buyers of adjacent property regarding the minimum lot standards. It was recommended the City Council review the policy regarding deviations under Planned Developments. Several alternates were suggested: 7 • 0 APC Minutes March 22, 1983 1. Possible new category for residential lots below the minimum lot guidelines. 2. The use of Planned Developments with an agreement covering the guidelines for the lot. ' 3. Straight variances from minimum lot requirements. 4. Limitation of the strict ordinance provisions and refusal to use Planned Development zoning for deviations. It was further recommended that a special meeting with the City Council be scheduled possibly for April 12, 1983 at the City Hall to discuss planning issues, including the Planned Development with the City Council. Upon motion by McCrea, seconded Mulrooney, it was resolved that the ?'. meeting adjourn at 11:05 p.m. PHH Secretary D