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04/26/1983 - City Council Regular0 0 MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 26, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 26, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Turnham, Wold, Wilkins, McCrea and Bohne. Absent were Krob and Mulrooney. Also present were City Planner Runkle, Assistant City Engineer Hefti," Public Works Director Colbert, and City Attorney Hauge. AGENDA Upon motion by Hall, seconded Bohne, the Agenda was approved as dis- tributed. All voted yes. 1. March 22, 1983 Regular Meeting. Upon motion by Hall, seconded Wold, it was resolved that the Minutes of the March 22, 1983 meeting be approved as prepared. All voted yea. 2. April 12, 1983 Special Meeting. Bohne moved, Wold seconded the motion to approve the Minutes of the April 12, 1983 meeting. All voted yes. WOODHAVEN ADDITION - REZONING AND PRELIMINARY PLAT The continued public hearing regarding the application of Terry Stover for rezoning approximately one acre from CSC (Community Shopping Center) to R- 4 (Residential Multiple) and preliminary plat of Woodhaven Addition located at the southeast intersection of Rahn and Beau D'Rue Drive was first brought before the commission. It was noted the preliminary plat would cover about two acres with two multiple lots. The application had been heard at the March 22 regular meeting of the Planning Commission and additional information was requested from the applicant. There were no affected neighboring property owners present nor any objections to the application. Mr. Stover was present and indicated that he met with the President of The Mount Calvary Lutheran Church, Church Council to review the feasibility and impact on the church and stated the Church Council has no objection to the project. He also has reviewed the application with the Advisory Park Committee and the Committee has recommended approval subject to certain -conditions noted in its Memorandum of April 15, 1983. Three variances were requested, including 1.2 units per building more than the code allows, garage variance and variance for Rahn Road setback of 2 feet to the proposed buildings. Mr. Runkle reviewed the Park Committee's comments and recommendations to eliminate the additional garages for Building B, which would reduce the grade between the buildings, reduce the slope to the east and also save some oak trees. The proposal would include 30 underground parking spaces for Building A and 29 spaces for Building B, noting that outside parking would be adequate, but inside parking would be short. 0 APC Minutes April 26, 1983 0 There were concerns about the additional units by member Bohne and showing of insufficient hardship. Erosion control concerns were expressed by member Turnham, but it was noted by staff that with proper maintenance, the erosion could be controlled. Member Wold expressed his concerns regarding the oaks that may not survive and the density, together with the additional fill being placed in the City pond. The applicant indicated that he would be willing to reduce the density to 17 units per building and this would then require no garage variance. After considerable discussion, Bohne moved, Wilkins seconded the motion to recommend approval of the application for rezoning as submitted. All voted yes. Bohne then moved, Wilkins seconded the motion to recommend approval of the preliminary plat with the following conditions: I. That there would be a maximum 17 units per building which would include 17 inside garages for Building A and 13 inside garages for Building B, resulting in less impact on the park to the east, with the four additional parking spaces to be made up in outside parking. 2. A variance to provide for 17 units per building. 3. The outside parking spaces and drives shall meet all City Ordinance requirements. 4. A detailed landscape plan shall be submitted and reviewed by staff prior to final plat approval. 5. A development agreement shall be entered into and approved prior to final plat. 6. All easements shall be dedicated as requested by City staff. 7. The development plan shall be subject to the Park Commission's recommendations of April 15, 1983 as follows: ting. a. That a cash dedication be required at the time of final plat - b. That an 8 to 10 foot bench be provided for a future trailway which would tie into the proposed and existing trails within the Woodhaven Park proper. C. That acceptable ground cover and/or terracing be put into place to stabilize the soils and slopes. d. That there be a landscaping bond, which would be in effect for at least two growing seasons, to insure stability of the soil on park property. q 0 APC Minutes April 26, 1983 e. That as many trees be saved as possible. E f. That the developer provide retaining walls, if necessary in accordance with staff recommendations, to allow the trail to be put in place. g. That fill be allowed on the park property; with minimal grades impacting the site as approved by City staff. B. All other applicable City ordinances shall be met. 9. A 40 foot half right-of-way shall be dedicated for both Beau D' Rue Drive and also for Rahn Road. 10. Ten foot utility and drainage easements shall be provided along all publicly dedicated rights-of-way and 5 foot drainage and utility easements shall be dedicated along all exterior lot lines with a 10 foot drainage and utility easements centered over all interior lot lines. 11. This development shall accept its responsibility for lateral benefit from trunk water main at the rates in effect at the time of final plat approval. 12. All costs for installing sanitary and water services, internal storm sewer, driveways, concrete curbing and parking areas shall be the sole respon- sibility of this development along with the costs for extending the City's existing 21 inch storm sewer to the toe of the proposed embankment. 13. The access from Building B to Beau D' Rue Drive shall be set back 150 feet from the intersection of Rahn Road. 14. A detailed grading, drainage and erosion control plan shall be submitted to the City for approval prior to final plat approval. Road. 15. A setback variance of 2 feet be approved for building from Rahn 16. That grading Plan B with the least amount of grading and fill be approved. All voted in favor. 3 1 � . APC Minutes April 26, 1983 YAN M SQUARE INN - PYLON SIGN The hearing regarding the application of Federal Land Company for condi- tional use permit for pylon sign at Lots 1 and 2, Block 1, Bicentennial 8th Addition was convened by Chairman Chuck Hall. A pylon sign will be 27 feet in height with a black lantern placed 2 feet higher in the middle of the sign structure and with decorative area surrounding the facing of the sign. There were questions as to whether the restaurant to the north would be eligible for a pylon sign and it was noted that there is adequate 300 foot'spacing, but that an additional pylon sign for the Super America station would possibly not be allowed under the ordinance. With the decorative framing, the total square footage would be 139 square feet. McCrea moved, Turnham seconded the motion to approve the application subject to the following conditions: 1. No more than one pylon sign will be allowed for Yankee Square Inn. 2. The sign shall be no more than 27 feet in height plus the two foot lantern. 3. The sign shall not exceed 125 square feet in area per side. All voted in favor except Wold and Wilkins who voted no. , 1311 VIENNA HOODS - WAIVER OF PLAT The hearing regarding the application of Countryside Builders, Inc. for waiver of plat for Lot 7, Block 5, and Lot 3, Block 6, Vienna Woods Addition to divide two duplex lots for owner occupancy was convened by the Chairman. Jerry Lagro of Countryside Builders, Inc. was present as was Robert Newton, one of the neighboring property owners on Kings Road. Mr. Newton was con- cerned about the covenants that had been filed, apparently in February of 1983 covering the lots in the subdivision, which provided that all two-family homes would have a minimum of 1,150 square feet of above ground space per unit, plus double garage attached to each unit. He stated that the.ground floor space in each of the duplex units would be 900 square ,feet in each of the two build- ings. Mr. Lagro stated that there was 1,300 square feet being finished, including three levels and the building plans were approved by the Archi- tectural Review Committee, but he also stated the covenants do not specify the restrictions for split level homes. Member Wold was concerned about splitting a 15,000 square foot duplex lot into two separate lots and possibly subverting the R-1 lot size but it was noted that the split only allows two separate owners. Member Bohne moved to recommend approval of the application and McCrea seconded the motion, subject to the following: 1. All necessary easements shall be dedicated to the City as recom- mended by the City staff. 4 APC Minutes April 26, 1983 2. That notice be given to the developer that there is a minimum square foot requirement under the covenants, although the City will not be directly involved in policing the covenants. All voted in favor. 0AKWOOD HEIGHTS 29D ADDITION - PRELIMINARY PLAT The application of Countryside Builders, Inc. for preliminary plat approval of Oakwood Heights 2nd Addition to plat 46 duplex lots on a 21.5 acre site located in the northwest quadrant of Dodd Road and Wilderness Run Road was next brought before the Planning Commission. Ralph Wagner of Probe Engineering and Jerry Lagro of Countryside Builders were present for the applicant. Mr. Wagner indicated the NSP area to the north would be included in the plat and eventually deeded to the City for park purposes. Also, there would be public access to the lake from the south with park land around the south portion of the lake. There is no definite plan for the park area at the present time. A number of neighboring property owners were present, including Mr. and Mrs. Ed Schwanz who were concerned about trespassing on their property located immediately to the north. In addition, Mr. Schwanz was concerned about a portion of Schwanz Lake having public access and a portion only privately owned. The project would include 4.5 units per acre so that it is within the density allowed. The developer would provide for berming as recom- mended by the staff and also would eliminate the eyebrow cul-de-sacs. Member Bohne recommended a homeowners association to be organized and required, in order to avoid any inconsistency in maintenance and upkeep of the units. It was noted that the City has not required homeowners associations but is con- cerned about the restrictions imposed by such associations. Member Turnham had questions about hardship for less than 15,000 square foot lots as pro- posed, and Mr. Wagner indicated that the reason for the smaller lots is to make them more salable and less costly. He indicated that it may be possible to eliminate one lot along the northerly side in Phase B and pick up the lot in the southerly portion of that phase. Member Wold stated the only reason for the variance for lot sizes is financial and does not appear to be adequate hardship. Mr. Hefti indicated that the study of Schwanz Lake is now being conducted and that it is a DNR controlled lake with an NOHW now raised to 880 feet above sea level. There were also concerns about the park swap of 0.65 acres for 1.37 acres of park land and the Park Committee will review the issues. All units are intended to be owner -occupied. Chairman Hall stated the density in the second phase appears to be the issue and recommended a rework to eliminate the eyebrows and resolve the density. After extended discussion, Bohne moved, Wilkins seconded the motion to recommend approval of the application, subject to the following: 1. That Phase 1 shall be recommended for approval to include 20 duplex units and that the developer may proceed with that. phase to the City council. E J APC Minutes April 26, 1983 2. Phase 2 would be reworked and reviewed by the Advisory Planning Commission at its next regular meeting to implement the recommendations of the Commission. 3. That either one or two homeowners associations be created for the entire development with the association declarations to be reviewed by the City staff to assure that maintenance and upkeep standards will be imposed throughout the development. 4. The park boundary, park, dedication and development of a trail along Wilderness Run Road shall be done in accordance with the requirements estab- lished by the City Council after review and comment by the Eagan Advisory Park and Recreation Commission. 5. The undersized double bungalow lots, in terms of area and width, are approved as specifically shown on the "Oakwood Park Preliminary Plat" dated March 31, 1983. No other deviations from the minimum requirements for R-2 development, contained in the -Eagan Zoning Ordinance, shall be approved. 6. The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 7. The preliminary plat shall be approved by the Dakota County Plat Committee prior to the filing of the final plat. 8. The internal unnamed streets shall be approved at a minimum right- of-way width of 50 feet. 9. The area to be dedicated for park shall be included in the plat and platted as an outlot. 10. If the streets and utilities are to be installed privately, the plans and specifications shall be prepared by a registered engineer in accor- dance with City standards and submitted for approval along with final plat approval. 11. In Phase 2, the bubbles on the through street shall be eliminated. 12. An 8 foot trailway shall be installed along this development's southerly border. 13. A 4o foot half right-of-way shall be dedicated for both Wilderness Run Road and Dodd Road and shall include the area adjacent to the park outlot. 11 1] APC Minutes April 26, 1983 14. A 10 foot utility easement shall be dedicated along all property abutting publicly -dedicated right-of-way, with a 5 foot utility easement dedicated along all exterior lot lines and a 10 foot drainage and utility easement centered.over all interior lot lines, except for the lot lines be- tween Lots 4 and 5, Block 12, Lots 1 and 2, Block 3 and Lots 7 and 8, Block 1. These easements shall be 20 feet in width and centered over the common lot line. 15. All costs for installation of internal street and utilities shall be the sole responsibility of this development. 16. This development shall accept its responsibility for trunk area storm sewer at the rates in effect at the time of final plat approval. All voted in favor SUNSET ADDITION - PRELIMINARY PLAT The application of Joseph M. Miller Construction Company for preliminary plat approval of Sunset Addition was next considered in the form of a formal hearing by the Commission. Brad Swenson appeared for the applicant and indi- cated that a new application has now been presented which complies with the ordinance requirements. An application that had been submitted for Planned Development approval at the regular March 1983 Planning Commission meeting had now been withdrawn. There were questions from adjacent owners mainly con- cerning drainage, and it was noted that temporary drainage provisions would be included in the plat. The owner of the land to the south was present and stated that the assessments for the road would be too onerous for her and that she was not willing to grant necessary street easements. Alternates were discussed, including improvement of only half right-of-way and improvement of the road to the west line of proposed Augusta Lane. The applicant was re- quested to negotiate with the owner for determination of the right-of-way and the assessment issues. Wilkins moved, Wold seconded the motion to recommend approval of the application, subject to the following: 1. Adequate right-of-way be obtained for Hackmore Drive prior to final plat approval according to City standards including the southerly 25 feet. 2. A temporary cul-de-sac shall be provided on the north end of Augusta Lane. 3. No variances shall be allowed for side setbacks except for topo- graphic or vegetation reasons. 4. The plat shall be subject to the Park Commission's review and recom- mendations. 7 10 APC Minutes April 26, 1983 5. The development agreement shall be entered into and signed by the applicant prior to final plat. 6. A berm and ponding area shall be constructed over Lot 1, Block 1, so as to contain all excess runoff as a result of this development. 7. A drainage easement or written agreement with the property owner to the north over whose land the runoff from the northern half of this plat will cross shall be acquired. 8. 15 foot utility and drainage easement shall be acquired over Lot 7, Block 2 and a 30 foot drainage and utility easement shall be acquired centered over the common lot line between Lots 4 and 5, Block 1. 9. 10 foot utility easement shall be dedicated adjacent to all publicly dedicated rights-of-way and 5 foot drainage and utility easements dedicated adjacent to all exterior lot lines with 10 foot drainage and utility easements centered over all interior lot lines. 10. The southerly 25 feet half right-of-way of Hackmore Drive shall be obtained prior to final plat aprpoval. 11. This development shall be responsible for its trunk area storm sewer assessment and all costs for the installation of streets and utilities within this development. 12. If the utilities and streets are installed privately, the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. All voted yea. EAGANDALE OFFICE PARR- REPLAT The public hearing regarding the application of Northwestern Mutual Life Insurance Co. for replat of portions of Blocks 1, 2, and 3 of the Eagandale Center Industrial Park into Eagandale Office Park was next convened by the Chairman. Michelle Foster of Opus Corporation appearead on behalf of the applicant. She indicated that the reasons for the replat were the impact of the condemnation of right-of-way by MnDOT for I -35E and also considerable land use planning has taken place which make revisions desirable, including better road access to the general area. She indicated that it is possible that the replatted area would be planned for office use. Representatives from Rose- mount, Inc. were present and were concerned about the berming in the area of Lot 1, Block 1 of the new replat. Further negotiations will take place including review of the grades in the area in order to resolve the concern. Ms. Foster indicated that if office purposes are pursued, the area would also require rezoning. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following stipulations: 0 0 APC Minutes April 26, 1983 0 1. Approval by the City Engineer of all utility, drainage and grading plans. 2. The replat shall be subject to the approval of the vacation of the affected streets by the City. 3. A 20 foot utility easement shall be dedicated along all publicly - dedicated right-of-way with 5 foot utility and drainage easements dedicated along all exterior lot lines and 10 foot drainage and utility easements dedi- cated along all interior lot lines. 4. A 20 foot utility easement shall be dedicated over the proposed water main located within Block 2. 5. The intersection of Avalon Avenue with Corporate Center Drive shall be reconstructred as a "T" intersection. 6. All costs associated with utility and street construction shall be the sole responsibility of this development. 7. A detailed erosion control/grading plan shall be submitted for approval along with the final plat. 8. All other applicable ordinance requirments shall be met. 9. Rosemount, Inc. and Transilwrap shall be contacted to resolve any questions about impact on their lots. 10. The Planning Commission recommends waiving the park dedication requirement for the replat of this plat only. All voted in favor. E APC Minutes April 26, 1983 0 CROSSROADS APARTMENTS - PRELIMINARY PLAT The hearing regarding the application of Marell, Inc. and Kenneth Apple- baum for preliminary plat approval of the Crossroads Apartments, consisting of Lot 1, Block 2, and Outlot A of Pilot Knob Heights 1st Addition was convened by the Chairman. Ron Erickson of Korsunsky, Krank, and Erickson Architects, appeared on behalf of the applicant. The plat would encompass approximately 4.7 net acres with two lots and a 32 unit rental apartment building on each lot. Mr. Erickson indicated the units would rent for between $400.00 and $500.00 per month, with garages located on the second floor of each building. The buildings would have varying heights from different directions above- ground level because of the uneven topography. Four foot berms plus land- scaping would be included around the east and south sides of the project. A number of neighboring property owners were present including Dick Giefer who requested higher screening along the east line to separate the single family lots. Several owners in the St. Francis Wood and Duckwood Estates subdivi- sions to the east appeared and several of them expressed their dissatisfaction with the developer's alleged misrepresentations in their subdivisions in the construction of their homes, including lot representations and covenants. It was understood that Marell will build, own and manage the complex and has no intention of selling the complex at the present time. Mr. Runkle indicated, upon questioning, that the underlying zoning had _. been R-4 with the Pilot Knob Heights PD commenced in 1970 and the Planned Development Agreement signed in 1974. It appeared that there had been no change in plans for the parcel, according to City records. Member Wold stated that it was his opinion that the high density was inappropriate in light of the zoning surrounding the site. Also, there were concerns about the single access from the project to the adjoining streets, but staff members indicated that they could see no alternates. It was also noted by commission members that there is very little park land in the area and there were concerns whether there were adequate interior recreational facilities. It was also noted that the Planned Development process in the City has some architectural control and the planned development contract can also control the issue to a certain extent. There were also objections about the large parking lot adjacent to the residential area on the east and it was recommended that a tenant in each unit be required to rent one covered parking stall to avoid excess cars in the outside parking lots. After extensive discussion and questions from the audience and members, Wold moved that the application be continued until the next regular meeting of the Commission in order to allow the staff to review the controls being imposed by the City under the Planned Development process, including screening, elevations of the buildings, that a meeting be held with affected neighboring property owners, and also to determine what controls the City .can impose upon the development, including heights of buildings, land- scaping, size of parking lots, berming, etc. Those in favor were McCrea and Wold; those against were Hall, Turnham, Wilkins and Bohne. Wilkins then moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 10 0 APC Minutes April 26, 1983 �i 1. Park dedication shall be accomplished in accordance with the re- quirements established for the "Pilot Knob Heights Planned Development". 2. A detailed landscape plan shall be submitted to and approved by City staff prior to construction with appropriate landscape bond. 3. A detailed plan providing for outside lighting shall be submitted to and approved by City staff prior to construction. 4. ' All other applicable City ordinance requirements shall be met. 5. A four foot berm with vegetation on top shall be located on the south and east borders of the development. 6. Drainage and erosion control plans shall be approved by the City Engineering Department. 7. Concrete curb and gutter shall be constructed along the perimeter of all outside parking areas and the north island of the parking lot located on Lot 1 shall be constructed with concrete curb and gutter. •' 8. The two curb cuts located along Denmark Avenue shall be removed and replaced with B 618 curb and gutter and the existing driveway approach off of Duckwood Drive shall be eliminated and replaced with B 618 curb and gutter. 9. A 5 foot concrete sidewalk shall be constructed along the westerly property line to Duckwood Drive and also along the northerly property line from the entrance to Denmark Avenue. 10. A cross easement shall be required across Lot 1 along with an easement of sufficient width for the fire hydrant and fire hydrant lead. 11. A 10 foot utility easement shall be required along all property abutting publicly -dedicated right-of-way with a 5 foot drainage and utility easement dedicated along all exterior lot lines'and a 10 foot drainage and utility easement centered over all interior lot lines. 12. This development shall accept its upgraded assessment for streets in the amount of $20,510. 13. All costs for the internal utilities and parking lots shall be the sole responsibility of this development. 14. One inside parking space shall be required to be rented for each unit and outside parking of at least one space per unit. ;•:`;� 15. The Development Agreement shall include all working drawings pre- pared to this stage. 11 0 APC Minutes April 26, 1983 16. Provisions shall be included in the Development Agreement to assure development will take place as presented in the application process. 17. The developer shall meet with area residents prior to the next meeting with the Council to review the project in detail. All voted in favor, except Wold. At 11:30 p.m. Turnham moved, McCrea seconded the motion to adjourn the meeting and to consider the rest of the agenda items at a continued meeting on Thursday, April 28, 1983 at 7:00 p.m. at the City Hall. All voted yes. PHH wSecretary 12 0 0 MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 26, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 26, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Turnham, Wold, Wilkins, McCrea and Bohne. Absent were Krob and Mulrooney. Also present were City Planner Runkle, Assistant City Engineer Hefti," Public Works Director Colbert, and City Attorney Hauge. AGENDA Upon motion by Hall, seconded Bohne, the Agenda was approved as dis- tributed. All voted yes. 1. March 22, 1983 Regular Meeting. Upon motion by Hall, seconded Wold, it was resolved that the Minutes of the March 22, 1983 meeting be approved as prepared. All voted yea. 2. April 12, 1983 Special Meeting. Bohne moved, Wold seconded the motion to approve the Minutes of the April 12, 1983 meeting. All voted yes. WOODHAVEN ADDITION - REZONING AND PRELIMINARY PLAT The continued public hearing regarding the application of Terry Stover for rezoning approximately one acre from CSC (Community Shopping Center) to R- 4 (Residential Multiple) and preliminary plat of Woodhaven Addition located at the southeast intersection of Rahn and Beau D'Rue Drive was first brought before the commission. It was noted the preliminary plat would cover about two acres with two multiple lots. The application had been heard at the March 22 regular meeting of the Planning Commission and additional information was requested from the applicant. There were no affected neighboring property owners present nor any objections to the application. Mr. Stover was present and indicated that he met with the President of The Mount Calvary Lutheran Church, Church Council to review the feasibility and impact on the church and stated the Church Council has no objection to the project. He also has reviewed the application with the Advisory Park Committee and the Committee has recommended approval subject to certain -conditions noted in its Memorandum of April 15, 1983. Three variances were requested, including 1.2 units per building more than the code allows, garage variance and variance for Rahn Road setback of 2 feet to the proposed buildings. Mr. Runkle reviewed the Park Committee's comments and recommendations to eliminate the additional garages for Building B, which would reduce the grade between the buildings, reduce the slope to the east and also save some oak trees. The proposal would include 30 underground parking spaces for Building A and 29 spaces for Building B, noting that outside parking would be adequate, but inside parking would be short. 0 APC Minutes April 26, 1983 0 There were concerns about the additional units by member Bohne and showing of insufficient hardship. Erosion control concerns were expressed by member Turnham, but it was noted by staff that with proper maintenance, the erosion could be controlled. Member Wold expressed his concerns regarding the oaks that may not survive and the density, together with the additional fill being placed in the City pond. The applicant indicated that he would be willing to reduce the density to 17 units per building and this would then require no garage variance. After considerable discussion, Bohne moved, Wilkins seconded the motion to recommend approval of the application for rezoning as submitted. All voted yes. Bohne then moved, Wilkins seconded the motion to recommend approval of the preliminary plat with the following conditions: I. That there would be a maximum 17 units per building which would include 17 inside garages for Building A and 13 inside garages for Building B, resulting in less impact on the park to the east, with the four additional parking spaces to be made up in outside parking. 2. A variance to provide for 17 units per building. 3. The outside parking spaces and drives shall meet all City Ordinance requirements. 4. A detailed landscape plan shall be submitted and reviewed by staff prior to final plat approval. 5. A development agreement shall be entered into and approved prior to final plat. 6. All easements shall be dedicated as requested by City staff. 7. The development plan shall be subject to the Park Commission's recommendations of April 15, 1983 as follows: ting. a. That a cash dedication be required at the time of final plat - b. That an 8 to 10 foot bench be provided for a future trailway which would tie into the proposed and existing trails within the Woodhaven Park proper. C. That acceptable ground cover and/or terracing be put into place to stabilize the soils and slopes. d. That there be a landscaping bond, which would be in effect for at least two growing seasons, to insure stability of the soil on park property. q 0 APC Minutes April 26, 1983 e. That as many trees be saved as possible. E f. That the developer provide retaining walls, if necessary in accordance with staff recommendations, to allow the trail to be put in place. g. That fill be allowed on the park property; with minimal grades impacting the site as approved by City staff. B. All other applicable City ordinances shall be met. 9. A 40 foot half right-of-way shall be dedicated for both Beau D' Rue Drive and also for Rahn Road. 10. Ten foot utility and drainage easements shall be provided along all publicly dedicated rights-of-way and 5 foot drainage and utility easements shall be dedicated along all exterior lot lines with a 10 foot drainage and utility easements centered over all interior lot lines. 11. This development shall accept its responsibility for lateral benefit from trunk water main at the rates in effect at the time of final plat approval. 12. All costs for installing sanitary and water services, internal storm sewer, driveways, concrete curbing and parking areas shall be the sole respon- sibility of this development along with the costs for extending the City's existing 21 inch storm sewer to the toe of the proposed embankment. 13. The access from Building B to Beau D' Rue Drive shall be set back 150 feet from the intersection of Rahn Road. 14. A detailed grading, drainage and erosion control plan shall be submitted to the City for approval prior to final plat approval. Road. 15. A setback variance of 2 feet be approved for building from Rahn 16. That grading Plan B with the least amount of grading and fill be approved. All voted in favor. 3 1 � . APC Minutes April 26, 1983 YAN M SQUARE INN - PYLON SIGN The hearing regarding the application of Federal Land Company for condi- tional use permit for pylon sign at Lots 1 and 2, Block 1, Bicentennial 8th Addition was convened by Chairman Chuck Hall. A pylon sign will be 27 feet in height with a black lantern placed 2 feet higher in the middle of the sign structure and with decorative area surrounding the facing of the sign. There were questions as to whether the restaurant to the north would be eligible for a pylon sign and it was noted that there is adequate 300 foot'spacing, but that an additional pylon sign for the Super America station would possibly not be allowed under the ordinance. With the decorative framing, the total square footage would be 139 square feet. McCrea moved, Turnham seconded the motion to approve the application subject to the following conditions: 1. No more than one pylon sign will be allowed for Yankee Square Inn. 2. The sign shall be no more than 27 feet in height plus the two foot lantern. 3. The sign shall not exceed 125 square feet in area per side. All voted in favor except Wold and Wilkins who voted no. , 1311 VIENNA HOODS - WAIVER OF PLAT The hearing regarding the application of Countryside Builders, Inc. for waiver of plat for Lot 7, Block 5, and Lot 3, Block 6, Vienna Woods Addition to divide two duplex lots for owner occupancy was convened by the Chairman. Jerry Lagro of Countryside Builders, Inc. was present as was Robert Newton, one of the neighboring property owners on Kings Road. Mr. Newton was con- cerned about the covenants that had been filed, apparently in February of 1983 covering the lots in the subdivision, which provided that all two-family homes would have a minimum of 1,150 square feet of above ground space per unit, plus double garage attached to each unit. He stated that the.ground floor space in each of the duplex units would be 900 square ,feet in each of the two build- ings. Mr. Lagro stated that there was 1,300 square feet being finished, including three levels and the building plans were approved by the Archi- tectural Review Committee, but he also stated the covenants do not specify the restrictions for split level homes. Member Wold was concerned about splitting a 15,000 square foot duplex lot into two separate lots and possibly subverting the R-1 lot size but it was noted that the split only allows two separate owners. Member Bohne moved to recommend approval of the application and McCrea seconded the motion, subject to the following: 1. All necessary easements shall be dedicated to the City as recom- mended by the City staff. 4 APC Minutes April 26, 1983 2. That notice be given to the developer that there is a minimum square foot requirement under the covenants, although the City will not be directly involved in policing the covenants. All voted in favor. 0AKWOOD HEIGHTS 29D ADDITION - PRELIMINARY PLAT The application of Countryside Builders, Inc. for preliminary plat approval of Oakwood Heights 2nd Addition to plat 46 duplex lots on a 21.5 acre site located in the northwest quadrant of Dodd Road and Wilderness Run Road was next brought before the Planning Commission. Ralph Wagner of Probe Engineering and Jerry Lagro of Countryside Builders were present for the applicant. Mr. Wagner indicated the NSP area to the north would be included in the plat and eventually deeded to the City for park purposes. Also, there would be public access to the lake from the south with park land around the south portion of the lake. There is no definite plan for the park area at the present time. A number of neighboring property owners were present, including Mr. and Mrs. Ed Schwanz who were concerned about trespassing on their property located immediately to the north. In addition, Mr. Schwanz was concerned about a portion of Schwanz Lake having public access and a portion only privately owned. The project would include 4.5 units per acre so that it is within the density allowed. The developer would provide for berming as recom- mended by the staff and also would eliminate the eyebrow cul-de-sacs. Member Bohne recommended a homeowners association to be organized and required, in order to avoid any inconsistency in maintenance and upkeep of the units. It was noted that the City has not required homeowners associations but is con- cerned about the restrictions imposed by such associations. Member Turnham had questions about hardship for less than 15,000 square foot lots as pro- posed, and Mr. Wagner indicated that the reason for the smaller lots is to make them more salable and less costly. He indicated that it may be possible to eliminate one lot along the northerly side in Phase B and pick up the lot in the southerly portion of that phase. Member Wold stated the only reason for the variance for lot sizes is financial and does not appear to be adequate hardship. Mr. Hefti indicated that the study of Schwanz Lake is now being conducted and that it is a DNR controlled lake with an NOHW now raised to 880 feet above sea level. There were also concerns about the park swap of 0.65 acres for 1.37 acres of park land and the Park Committee will review the issues. All units are intended to be owner -occupied. Chairman Hall stated the density in the second phase appears to be the issue and recommended a rework to eliminate the eyebrows and resolve the density. After extended discussion, Bohne moved, Wilkins seconded the motion to recommend approval of the application, subject to the following: 1. That Phase 1 shall be recommended for approval to include 20 duplex units and that the developer may proceed with that. phase to the City council. E J APC Minutes April 26, 1983 2. Phase 2 would be reworked and reviewed by the Advisory Planning Commission at its next regular meeting to implement the recommendations of the Commission. 3. That either one or two homeowners associations be created for the entire development with the association declarations to be reviewed by the City staff to assure that maintenance and upkeep standards will be imposed throughout the development. 4. The park boundary, park, dedication and development of a trail along Wilderness Run Road shall be done in accordance with the requirements estab- lished by the City Council after review and comment by the Eagan Advisory Park and Recreation Commission. 5. The undersized double bungalow lots, in terms of area and width, are approved as specifically shown on the "Oakwood Park Preliminary Plat" dated March 31, 1983. No other deviations from the minimum requirements for R-2 development, contained in the -Eagan Zoning Ordinance, shall be approved. 6. The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 7. The preliminary plat shall be approved by the Dakota County Plat Committee prior to the filing of the final plat. 8. The internal unnamed streets shall be approved at a minimum right- of-way width of 50 feet. 9. The area to be dedicated for park shall be included in the plat and platted as an outlot. 10. If the streets and utilities are to be installed privately, the plans and specifications shall be prepared by a registered engineer in accor- dance with City standards and submitted for approval along with final plat approval. 11. In Phase 2, the bubbles on the through street shall be eliminated. 12. An 8 foot trailway shall be installed along this development's southerly border. 13. A 4o foot half right-of-way shall be dedicated for both Wilderness Run Road and Dodd Road and shall include the area adjacent to the park outlot. 11 1] APC Minutes April 26, 1983 14. A 10 foot utility easement shall be dedicated along all property abutting publicly -dedicated right-of-way, with a 5 foot utility easement dedicated along all exterior lot lines and a 10 foot drainage and utility easement centered.over all interior lot lines, except for the lot lines be- tween Lots 4 and 5, Block 12, Lots 1 and 2, Block 3 and Lots 7 and 8, Block 1. These easements shall be 20 feet in width and centered over the common lot line. 15. All costs for installation of internal street and utilities shall be the sole responsibility of this development. 16. This development shall accept its responsibility for trunk area storm sewer at the rates in effect at the time of final plat approval. All voted in favor SUNSET ADDITION - PRELIMINARY PLAT The application of Joseph M. Miller Construction Company for preliminary plat approval of Sunset Addition was next considered in the form of a formal hearing by the Commission. Brad Swenson appeared for the applicant and indi- cated that a new application has now been presented which complies with the ordinance requirements. An application that had been submitted for Planned Development approval at the regular March 1983 Planning Commission meeting had now been withdrawn. There were questions from adjacent owners mainly con- cerning drainage, and it was noted that temporary drainage provisions would be included in the plat. The owner of the land to the south was present and stated that the assessments for the road would be too onerous for her and that she was not willing to grant necessary street easements. Alternates were discussed, including improvement of only half right-of-way and improvement of the road to the west line of proposed Augusta Lane. The applicant was re- quested to negotiate with the owner for determination of the right-of-way and the assessment issues. Wilkins moved, Wold seconded the motion to recommend approval of the application, subject to the following: 1. Adequate right-of-way be obtained for Hackmore Drive prior to final plat approval according to City standards including the southerly 25 feet. 2. A temporary cul-de-sac shall be provided on the north end of Augusta Lane. 3. No variances shall be allowed for side setbacks except for topo- graphic or vegetation reasons. 4. The plat shall be subject to the Park Commission's review and recom- mendations. 7 10 APC Minutes April 26, 1983 5. The development agreement shall be entered into and signed by the applicant prior to final plat. 6. A berm and ponding area shall be constructed over Lot 1, Block 1, so as to contain all excess runoff as a result of this development. 7. A drainage easement or written agreement with the property owner to the north over whose land the runoff from the northern half of this plat will cross shall be acquired. 8. 15 foot utility and drainage easement shall be acquired over Lot 7, Block 2 and a 30 foot drainage and utility easement shall be acquired centered over the common lot line between Lots 4 and 5, Block 1. 9. 10 foot utility easement shall be dedicated adjacent to all publicly dedicated rights-of-way and 5 foot drainage and utility easements dedicated adjacent to all exterior lot lines with 10 foot drainage and utility easements centered over all interior lot lines. 10. The southerly 25 feet half right-of-way of Hackmore Drive shall be obtained prior to final plat aprpoval. 11. This development shall be responsible for its trunk area storm sewer assessment and all costs for the installation of streets and utilities within this development. 12. If the utilities and streets are installed privately, the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. All voted yea. EAGANDALE OFFICE PARR- REPLAT The public hearing regarding the application of Northwestern Mutual Life Insurance Co. for replat of portions of Blocks 1, 2, and 3 of the Eagandale Center Industrial Park into Eagandale Office Park was next convened by the Chairman. Michelle Foster of Opus Corporation appearead on behalf of the applicant. She indicated that the reasons for the replat were the impact of the condemnation of right-of-way by MnDOT for I -35E and also considerable land use planning has taken place which make revisions desirable, including better road access to the general area. She indicated that it is possible that the replatted area would be planned for office use. Representatives from Rose- mount, Inc. were present and were concerned about the berming in the area of Lot 1, Block 1 of the new replat. Further negotiations will take place including review of the grades in the area in order to resolve the concern. Ms. Foster indicated that if office purposes are pursued, the area would also require rezoning. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following stipulations: 0 0 APC Minutes April 26, 1983 0 1. Approval by the City Engineer of all utility, drainage and grading plans. 2. The replat shall be subject to the approval of the vacation of the affected streets by the City. 3. A 20 foot utility easement shall be dedicated along all publicly - dedicated right-of-way with 5 foot utility and drainage easements dedicated along all exterior lot lines and 10 foot drainage and utility easements dedi- cated along all interior lot lines. 4. A 20 foot utility easement shall be dedicated over the proposed water main located within Block 2. 5. The intersection of Avalon Avenue with Corporate Center Drive shall be reconstructred as a "T" intersection. 6. All costs associated with utility and street construction shall be the sole responsibility of this development. 7. A detailed erosion control/grading plan shall be submitted for approval along with the final plat. 8. All other applicable ordinance requirments shall be met. 9. Rosemount, Inc. and Transilwrap shall be contacted to resolve any questions about impact on their lots. 10. The Planning Commission recommends waiving the park dedication requirement for the replat of this plat only. All voted in favor. E APC Minutes April 26, 1983 0 CROSSROADS APARTMENTS - PRELIMINARY PLAT The hearing regarding the application of Marell, Inc. and Kenneth Apple- baum for preliminary plat approval of the Crossroads Apartments, consisting of Lot 1, Block 2, and Outlot A of Pilot Knob Heights 1st Addition was convened by the Chairman. Ron Erickson of Korsunsky, Krank, and Erickson Architects, appeared on behalf of the applicant. The plat would encompass approximately 4.7 net acres with two lots and a 32 unit rental apartment building on each lot. Mr. Erickson indicated the units would rent for between $400.00 and $500.00 per month, with garages located on the second floor of each building. The buildings would have varying heights from different directions above- ground level because of the uneven topography. Four foot berms plus land- scaping would be included around the east and south sides of the project. A number of neighboring property owners were present including Dick Giefer who requested higher screening along the east line to separate the single family lots. Several owners in the St. Francis Wood and Duckwood Estates subdivi- sions to the east appeared and several of them expressed their dissatisfaction with the developer's alleged misrepresentations in their subdivisions in the construction of their homes, including lot representations and covenants. It was understood that Marell will build, own and manage the complex and has no intention of selling the complex at the present time. Mr. Runkle indicated, upon questioning, that the underlying zoning had _. been R-4 with the Pilot Knob Heights PD commenced in 1970 and the Planned Development Agreement signed in 1974. It appeared that there had been no change in plans for the parcel, according to City records. Member Wold stated that it was his opinion that the high density was inappropriate in light of the zoning surrounding the site. Also, there were concerns about the single access from the project to the adjoining streets, but staff members indicated that they could see no alternates. It was also noted by commission members that there is very little park land in the area and there were concerns whether there were adequate interior recreational facilities. It was also noted that the Planned Development process in the City has some architectural control and the planned development contract can also control the issue to a certain extent. There were also objections about the large parking lot adjacent to the residential area on the east and it was recommended that a tenant in each unit be required to rent one covered parking stall to avoid excess cars in the outside parking lots. After extensive discussion and questions from the audience and members, Wold moved that the application be continued until the next regular meeting of the Commission in order to allow the staff to review the controls being imposed by the City under the Planned Development process, including screening, elevations of the buildings, that a meeting be held with affected neighboring property owners, and also to determine what controls the City .can impose upon the development, including heights of buildings, land- scaping, size of parking lots, berming, etc. Those in favor were McCrea and Wold; those against were Hall, Turnham, Wilkins and Bohne. Wilkins then moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 10 0 APC Minutes April 26, 1983 �i 1. Park dedication shall be accomplished in accordance with the re- quirements established for the "Pilot Knob Heights Planned Development". 2. A detailed landscape plan shall be submitted to and approved by City staff prior to construction with appropriate landscape bond. 3. A detailed plan providing for outside lighting shall be submitted to and approved by City staff prior to construction. 4. ' All other applicable City ordinance requirements shall be met. 5. A four foot berm with vegetation on top shall be located on the south and east borders of the development. 6. Drainage and erosion control plans shall be approved by the City Engineering Department. 7. Concrete curb and gutter shall be constructed along the perimeter of all outside parking areas and the north island of the parking lot located on Lot 1 shall be constructed with concrete curb and gutter. •' 8. The two curb cuts located along Denmark Avenue shall be removed and replaced with B 618 curb and gutter and the existing driveway approach off of Duckwood Drive shall be eliminated and replaced with B 618 curb and gutter. 9. A 5 foot concrete sidewalk shall be constructed along the westerly property line to Duckwood Drive and also along the northerly property line from the entrance to Denmark Avenue. 10. A cross easement shall be required across Lot 1 along with an easement of sufficient width for the fire hydrant and fire hydrant lead. 11. A 10 foot utility easement shall be required along all property abutting publicly -dedicated right-of-way with a 5 foot drainage and utility easement dedicated along all exterior lot lines'and a 10 foot drainage and utility easement centered over all interior lot lines. 12. This development shall accept its upgraded assessment for streets in the amount of $20,510. 13. All costs for the internal utilities and parking lots shall be the sole responsibility of this development. 14. One inside parking space shall be required to be rented for each unit and outside parking of at least one space per unit. ;•:`;� 15. The Development Agreement shall include all working drawings pre- pared to this stage. 11 0 APC Minutes April 26, 1983 16. Provisions shall be included in the Development Agreement to assure development will take place as presented in the application process. 17. The developer shall meet with area residents prior to the next meeting with the Council to review the project in detail. All voted in favor, except Wold. At 11:30 p.m. Turnham moved, McCrea seconded the motion to adjourn the meeting and to consider the rest of the agenda items at a continued meeting on Thursday, April 28, 1983 at 7:00 p.m. at the City Hall. All voted yes. PHH wSecretary 12