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05/24/1983 - City Council Regular0 0 MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MAY 24, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 24, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Turnham, Wilkins and Wold. Absent were McCrea, Bohne, Krob and Mulrooney. Also present were City Planner Runkle, Assistant City Engineer Hefti, City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. Chairman Hall convened the meeting and noted that a quorum was not present initially, but by 7:10 a quorum was present. MINUTES The Minutes of the April 26 and April 28, 1983 regular meeting of the Planning Commission and the special meeting of May 10, 1983 were presented to the Planning Commission. Wold moved, Turnham seconded the motion to approve the minutes as presented. All voted yes. AGENDA The Agenda as distributed was approved with the addition of discussion concerning Planned Development Agreements. PHILLIP SWIGGUM - WAIVER OF PLAT - WILDERNESS RUN 5TH ADDITION The public hearing regarding the application of Phillip Swiggum for waiver of plat covering Lot 4, Block 1, Wilderness Run 5th Addition was presented to the Planning Commission. The purpose was to split the duplex home for owner/occupancy and there were no objections. Mr. Swiggum was present and upon motion by Wold, seconded Turnham, it was resolved that the application be recommended for approval, subject to the following conditions: 1. All necessary easements shall be dedicated to the City as recom- mended by staff. 2. All applicable ordinances must be complied with. All voted in favor. APC Minutes May 24, 1983 0 0 PARRCLIFF 2ND ADDITION - REZONING AND PRELIMINARY PLAT The public hearing regarding the application of Parkcliff Development Co. and Richard Winkler for rezoning from R-1 (Residential Single District) to R-1 PD (Residential Single District Planned Development) to allow deviation from the R-1 zoning requirement and for revised preliminary plat approval for Parkcliff 2nd Addition, consisting of 39 single family lots, was convened by Chairman Hall. Mr. Winkler was present as was Ralph Wagner., Engineer. Mr. Winkler stated that there is now no letter of credit problem and also that Phase II, which is being proposed, would have homes in the $150,000.00 to $160,000.00 price range. He also stated that there would be more restrictive covenants with increase in square footage minimums in the 2nd Addition. All lots would have 95 foot frontage or greater, with 7 lots 10,450 square feet, but 95 foot frontages. A number of neighboring property owners appeared and objected, including Bruce Cords who read a statement dated May 24, 1983, objecting to certain aspects of the proposal. Mr. Runkle stated that the developer could comply with minimum square footages by revising the plat, and have only one lot under the square footage minimum requirement. A sales brochure indicating 66 lots was submitted by the neighboring owners and it was noted that the original proposal provided for 112 foot lot widths along the east boundary of the subdivision. The reason for smaller lots, according to Mr. Winkler, was because there was only 290 feet along the east line resulting :. in 60 foot right-of-way and lots of 110 and 120 foot depths. Staff recom- mended the 60 foot right-of-way because of the terrain, even though 50 foot minimum is permitted. It was also noted that if the street were moved westerly, it would reduce the usability of lots on the west side of the street, adjacent to the pond. Mr. Colbert stated that the Engineering staff did not receive sufficient information to make recommendations, which was not the fault of the developer. Member Wold was concerned about erosion problems in the first phase. Mr. Winkler claimed a hardship for the lots along the easterly border and it was noted that a change in policy has taken place by the Planning Commission regarding use of Planned Development for under -sizing the lots and noted in this case that the developer's reason appeared to be financial. It' was further noted this is an R -I land use area, which does not conform with the current policy and would require a variance. It was also suggested that a neighborhood meeting be held and also discussion for an amendment to the application for 'variance purposes. After lengthy discussion, Hall moved, Wold seconded the motion to recommend approval of the application for preliminary plat, subject to the following: 1. Compliance with existing City R-1 lot requirements. 2. Submission of all necessary engineering information to the City and recommendation made by the City Engineering staff. 3. Authorization for the split of the large lot 13, adjacent to the pond, into lots that will comply with the minimum R-1 requirements. 2 0 0 APC Minutes May 24, 1983 1t111jjt11 �r.-.r 4. The revision of the easterly tier of lots to comply with the minimum City lot requirements. 5. That the applicant withdraw its application for R-1 Planned Development. 6. That. the developer and his engineer will meet with the neighboring property owners, approximately during the week of June 6, and that the City Engineering recommendations be prepared prior to consideration by the City Council. 7. A Developer's Agreement shall be prepared and signed prior to final plat approval. 8. All easements shall be dedicated as requested by City staff. 9. All other City ordinances shall be adhered to. 10. The plat shall be subject to the Park Commission's review and com- ment regarding the 10 foot trailway easement between Lots 11 and 12, Block 2. �1'ra 11. The plat 'shall be subject to Dakota County Plat Commission's review and comment because the plat has access on Cliff Road. All voted in favor, except Wilkins who voted no. DDCKWOOD TRAILS 2ND ADDITION PLANNED DEVELOPMENT AND PRELIMINARY PLAT The hearing regarding the application of the owners of the Duckwood Trail Development for revision to planned development and preliminary plat approval of Duckwood Trails 2nd Addition next came to the Planning Commission. Ron Erickson of Korsunsky, Krank h Erickson, Architects, was present, as was Gerald Singer, attorney. The first application is a request to amend the Duckwood Trails Planned Development, to change the 90 -unit condominium and 58 - townhouse units to allow two 81 -unit apartment buildings and dedicate land to the City for parkland purposes. The second application is a request for preliminary plat approval and detailed site plan approval for the two 81 -unit apartments and an outlot, which will be dedicated for park purposes. It was noted the project would consist of 33.5 acres of development land and 9.3 acres of park land. The apartments would include swimming pool and tennis courts, and it was also noted that the apartment building had been moved i., farther away from the R-1 area. There was an attempt to retain the residen- tial character. Steve Klein, a neighbor to the west, spoke in favor and also represented 7 neighboring owners. He stated that the proposal would provide for a buffer and preservation of wetlands, improved aesthetic quality and 3 0 APC Minutes May 24, 1983 f`: would be a general advantage to the neighboring area. One neighbor objected to the increase in density and was concerned about the fill in the lake. The applicant stated that it would not be encroaching on the lake, according to its plans. It was noted that the Park Committee members are informally receptive, according to Mr. Runkle, and the proposal would help, to resolve the park issue in the neighborhood. The rentals would be $425.00 to $525.00 non - subsidized, according to Mr. Singer. The traffic study submitted was reviewed in light of the additional access to Lexington Avenue, and it was recommended that the access along the north line of the property to Lexington, be eliminated and only Duckwood Drive and Duckwood Trail be permitted. DeBoer Park of approximately 8 acres, the Eagan Commercial Park area of about 3 acres, and the new proposed Duckwood Trail Park would be combined to serve the general park needs in the area. Mr. Wold questioned whether the City will require additional park contribution from the developers of the Eagan Commercial. Park to the north under the new Commercial/Industrial Park Policy. He recommended that as much land as possible north of DeBoer Park be included in the park dedication because of the demands of the neighborhood due to the increased density. It was also stated that it was expected some years ago that the land to the north would be developed R-3 and because the devel- oper is now proposing R-4, that the Duckwood developers which had agreed to reduce to R-3 density, now were requesting more intense density on a portion of the property. There was duscussion concerning parking and it was noted that there is additional parking area available, if it becomes necessary to use it. Wold moved, Hall seconded the motion to recommend approval of the amendment to Duckwood Trails Planned Development, subject to an Amendment to the Planned Development Agreement being entered into and signed by both the City and the Developer. All voted in favor. Wold then moved, Hall seconded the motion to recommend approval of the preliminary plat and detailed site plan for the two 81 -unit apartments, subject to the following: 1. A development agreement shall be entered into prior to the final Plat. 2. Outlot A shall be conveyed to the City as parkland, free of all liens, encumbrances, taxes or assessments. 3. An underground parking space shall be required with the rental of each dwelling unit in order to allow only one outside parking space per unit. 4. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts a county road. 5. A detailed landscape plan shall be required and an adequate land- scape bond be submitted and not released until one year after the landscaping has been completed. 4 APC Minutes • • May 24, 1983 6. The architectural scheme and materials shall be included with this planned development amendment to insure the buildings are constructed in accordance with the proposed plan. 7. A 20 foot green area shall be provided from the right-of-way of Duckwood Trail and the beginning of the parking lot area. B. The existing storm sewer outlet for O'Leary Lake shall be relocated at the developer's expense in accordance with City approved plans and specifi- cations. 9. All necessary additional drainage, utility and ponding easements shall be dedicated on the final plat. 10. Any existing drainage, utility or ponding easement that must be vacated shall be done so prior to or at the time of final plat approval at the expense of the developer. 11. The access onto Lexington Avenue shall be eliminated and the nor- therly parking lot redesigned to provide for a cul-de-sac turnaround. 12. This development shall be responsible for any additional assessments associated with lateral benefit from trunk water main along Lexington Avenue. 13. This development shall pay in full all outstanding assessments which are the responsibility of the land to be dedicated to the City as park proper - I:. ' ty. 14. Concrete curb and gutter shall incorporate all hard surfaced parking lot and driveways. 15. Parking lot stalls shall be a minimum of 10 x 18 feet. 16. Appropriate permits from the DNR and Army Corps of Engineers and any other agencies necessitated by any filling of O'Leary Lake shall be obtained prior to final plat application. 17. Detailed grading, drainage and erosion control plans with detailed plans and specifications for internal storm sewer design shall be reviewed minimizing the impact on O'Leary Lake and approved by staff prior to final plat application. 18. Outlot A shall be graded and seeded by the developer as approved by the City within 30 days of final plat approval. 19. To replace parking area with driveway into the basement garage of the Duckwood Trails project. All voted yes. 5 APC Minutes May 24, 1983 0 0 ARLENE KRECKLAQ - SUNSET 2ND ADDITION REZONING AND PRELIMINARY PLAT The public hearing regarding the application of Arlene Krecklau for rezoning approximately 5 acres from A (Agricultural) to R-1 (Residential Single District) and preliminary plat approval of Sunset 2nd Addition, con- taining 12 single family lots, was convened by the Chairman. Arlene Krecklau was present as was Brad Swenson, Engineer. Mr. Swenson stated that all lots comply with the minimum R-1 lot requirements and he reviewed the proposed plat, the utility plat, and the contours of the property. A neighboring owner, Jerry Sauter, appeared and had no objections. Also, Mr. Rice, owner to the south, appeared and stated that he had no objection to the project. It was noted that an easement will be requested by the City through the Rice property for storm sewer purposes. It was proposed the price range would be about $85,000.00 per unit. After discussion, Wold moved, Wilkins seconded the motion to recommend approval of the application for rezoning. All voted yes. Wold moved, Turnham seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: �= 1. No variances shall be allowed for side setbacks except for topo- graphic or vegetation reasons. -3 2. The plat shall be subject to the Park Commission's review and recom- mendations. 3. A development agreement shall be entered into and signed by the applicant prior to final plat application. 4. An approved detailed erosion control/grading plan shall be received prior to final plat approval. 5. Storm sewer shall be required to be extended from the trunk storm sewer within Golden Meadow Road to provide for drainage for this development. 6. The water main shall be stubbed to the south boundary line of this development. 7. If installed privately, the plans and specifications for the utili- ties and streets shall be prepared by a registered engineer and approved by the Engineering Department. 8. If previously not dedicated, the 25 foot half right-of-way for Hackmore Drive shall be dedicated as part of this final plat along with the right-of-way for Kirsten Court, 9. Sufficient easements shall be dedicated along all property lines and rights-of-way lines, according to City requirements. 2 0 APC Minutes May 24, 1983 "A 40 10. This development shall accept its responsibility for trunk area storm sewer assessments at the rates which are in effect at the time of final plat approval. 11. All costs for installing the internal utilities and streets shall be the sole responsibility of this development. All voted yea. BLACRHAWC ACRES REPLAT - HERBERT W. BERGSTROM, JR. REZONING AND PRELILMINARY PLAT The hearing regarding the application of Herbert W. Bergstrom, Jr. for rezoning approximately 2 acres from R-4 (Residential Multiple District) to R-3 (Residential Townhouse District) for townhouse development on Lots 7 through 12, Blackhawk Acres, and for preliminary plat approval of approximately 5.5 acres, concerning 25 townhouse units was presented to the Planning Commission members. Brad Swenson again appeared on behalf of the applicant and noted' that Lots 7 through 10 are zoned R-4 and the balance of the property is zoned R-3. Several easements cross the property, making the development very diffi- cult and he noted that all R-3 minimum requirements have been fulfilled in the proposal. The density, excluding right-of-way, would consist of 5.5 units per acre, and right-of-way for Robin Lane is 0.93 acres, with net density of 4.5 acres. The applicant is proposing double car garages for each of the dwelling units, and 20 foot stacking in front of each of the units. Several neighboring owners to the east were present and objected to townhouse use of the property and the expected height of the townhouses block- ing their view to the west. It was noted that the purpose of the application is simply to determine the density, but that terrain creates problems, as do the existing easements. The zoning to multiple zoning took place in approxi- mately 1969. After extended discussion, Hall moved, Wilkins seconded the motion to continue the hearing until the next regular meeting to allow a neighborhood meeting to take place between the developer and the neighboring owners, to acquire grades to Robin Lane from the consulting. engineer's office and also, to determine whether other alternates may be advisable for the development of the property, taking into account the terrain, easements, etc. All voted in favor. 7 APC Minutes May 24, 1983 0 ROBIN LANE 1ST ADDITION - PRELIMINARY PLAT The hearing concerning the application of Metram Properties and Vasco Bernardi for preliminary approval of Robin Lane 1st Addition was convened by Chairman Hall. Ron Erickson, Architect, and Mr. Bernardi were present for, the applicant. The parcel consists of 9.6 acres which contains two condominium buildings with 112 dwelling units and 10 townhouse units located in the SW 1/4 of the SE 1/4 of Section 17. The parcel is zoned R-4 (Residential Multiple District) and R-3 (Residential Townhouse District) and the application is consistent with the existing zoning. It was noted that one of the critical issues was access to the site and the triangular portion on the south end did not allow access to Silver Bell Road with no other available access, thus the reason for the acquisition of the parcel adjacent to Robin Lane, with outlet to Robin Lane. There were two apartment buildings for a total of 112 units, each building containing 24 one -bedroom units, 26 two-bedroom units and 6 three-bedroom units, for a total of 56 units per building. There was a proposal for 116 underground parking spaces and 108 outside parking spaces for a total of 224 spaces. It was also recommended that parking spaces comply with Eagan minimum space requirements of 10 feet by 20 feet. Mr. Hall asked if there were any objections by Planning Commission members or others present, concerning his association with Tony Bernardi, the brother of Mr. Vasco Bernardi and there were no such objections. There were no variances required and Mr. Erickson stated that the three-story building would include under- ground parking with condominium units provided for sale. Rod Johnson, Presi- dent of, the Shannon Glen Homeowners Association was present and had certain concerns as follows: 1. Density and traffic in the area. 2. Closeness of the driveway to the condominium units. 3• He stated the drainage to the west is a problem and asked for methods of solving the drainage problem in the Shannon Glen area. Mr.. Erickson answered the questions concerning parking along the souther- ly building, noting that substantial cuts would be required if parking were to be repositioned. He also stated that he would attempt to resolve the drainage problems. The lengthy cul-de-sac of 700 to 800 feet was discussed but it appeared to be the only access available. It was suggested that the interior street be widened and it was noted that it provides for 28 feet in width. Mr. Erickson also stated that there would be a buffer between the driveway and the Shannon Glen development to the west. Wold moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. A development agreement shall be signed and entered into prior to final plat approval. E APC Minutes May 24, 1983 f' u 2. Robin Lane shall be upgraded in order to provide proper access to this development. 3. The parking spaces shall be in conformance with the Eagan City Code which is a 10 foot x 20 foot dimension. 4. The applicant shall conform to City Code for condominium parking. 5. A detailed landscape plan shall be submitted and approved by City staff and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. The landscaping plan shall include buffer between the parking area and the Shannon Glen No. 1. 6. The plat shall be subject to the Park Commission's review and com- ment for park dedication and tot lots if appropriate. 7. An approved detailed erosion control/grading plan shall be received by City staff prior to final plat approval and coordination be entered into to resolve drainage in bording Shannon Glen area. 8. If the utilities and streets are to be installed privately, then plans and specifications prepared by a registered engineer shall be submitted 2 to the Engineering Department for B B P approval. 9. The proposed internal platted street shall be a minimum of 28 feet wide with concrete curb and gutter and bituminous surfacing. 10. The parking areas shall have concrete curbing around the perimeter with any interior islands consisting of concrete curbing also. 11. The entire right-of-way of Robin Lane shall be dedicated as a part of the final plat. 12. A minimum of a 20 foot utility easement shall be required over all water main, sanitary sewer and storm sewer to be constructed within this proposed development. 13. Ten foot utility easements shall be dedicated adjacent to all public right-of-way with a minimum 5 foot utility and drainage easements being dedi- cated along all exterior lot lines and 10 foot utility and drainage easements dedicated over all interior lot lines. 14. A ponding easement shall be granted to encompass the 840.0 foot high water level elevation of Pond AP -38. 15. This development shall be responsible for its additional storm sewer trunk assessment resulting from upgrading of zoning from residential to mul- tiple. E 0 APC Minutes ff _ May 24, 1983 0 16. All costs for installation of internal utilities and streets shall be the sole responsibility of this development. All voted in favor. MALL RD PARK 2ND ADDITION - TOLLEFSON BUILDERS. REZONING AND REPEAT The hearing regarding the application of Tollefson Builders to rezone approximately 21.4 acres from R-1 (Residential Single District) to R-1 PD (Residential Single District Planned Development) to deviate from the R-1 zoning standards and for replat of the Mallard Park 2nd Addition to contain 54 single family lots was presented to the Eagan Planning Commission. Bill Dolan, Engineer and Carl Tollefson were present for the applicant. It was noted that the present zoning is R-1 and the Comprehensive Guide Plan desig- nates the parcel with an R -II land use with 3 to 6 dwelling units per acre; the proposed development will consist of 2.5 dwelling units per acre, slightly less than what is proposed in the Comprehensive Guide Plan. The original proposal included 42 single family lots and the present plan �s with 54 lots, with a net increase of 12. Minimum lot width ` proposed is 65 feet at the 30 foot setback and minimum lot area of 9,000 square feet with the average lot size of 13,675 square feet. All streets and utilities have been installed and assessed, and some lots will not be changing their configuration because of existing utilities along lot lines. Two phases are being proposed. There was discussion concerning the revised guidelines sent out by the Plan- ning Commission and it was noted that the reasons for the small lots in essence were as follows: 1. The surrounding land uses include smaller lots. 2. The surrounding land uses provide for R-3, R-4, and smaller single family lots. 3. The land use currently provides for R -II. 4. The rough topography makes it conducive for smaller lots and there is no grading problem resulting in smaller lots. 5. The proposal includes large rear yards, even though front widths are narrower than the minimum R-1 requirement. Also the smaller lots are more appropriate for starter single-family homes. Mr. Tollefson stated that Mr. Willmus has requested the City authorize the grading of Johnny Cake Ridge Road north to Diffley Road, but Mr. Colbert stated the City's policy is not to upgrade until full City standards have been met. 10 0 0 APC Minutes May 24, 1983 Mr. Wold asked about the architectural controls and the developer indi- cated he will submit the house plans, the elevations for the home and also the specific types of units for each of the lots. A three-year planned develop- ment was proposed for the development. Wold moved to recommend rezoning from R-1 to R-1 PD because the application falls within the recommended guidelines of the Advisory Planning Commission spelled out at its May 10, 1983 special meeting, noting the following: 1. That the proposal is compatible with surrounding land uses of R-4, R-3 and small single family lots. 2. That there is an R -II land use density. 3. The topography makes it amenable to smaller lots without creating damage. Hall seconded the motion. All voted in favor. Wold then moved, Wilkins seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. A revised development agreement shall be prepared and agreed to by the City and the developer. 2. A three year planned development agreement be prepared for the smaller lot subdivision which will encompass the controls and conditions addressed by the Advisory Planning Commission at its May 10, 1983 special meeting and will provide sufficient control by the City to ensure an inte- grated and well planned subdivision with the draft PD Agreement to be submit- ted to the APC for review. 3. All easements shall be dedicated as requested by City staff. 4. The grading plan with house elevation and type of home constructed on the particular lots shall be included in the planned development agreement and adhered to. 5. If installed privately, the plans and specifications for the addi- tional services to the new lots shall be prepared by a registered engineer and approved by the Engineering Department prior to final plat.approval. 6. All easements to be vacated shall be vacated prior to final plat approval. 7. This development shall accept its responsibility for a lateral benefit assessment from trunk water main at the rates in effect at the time of final plat approval. 11 APC Minutes May 24, 1983 8. All costs for constructing utility services to the newly created lots shall be the sole responsibility of this proposed development. 9. All delinquent assessments shall be paid at the time of final plat approval. All voted in favor. EAGAN HEIGHTS COMMERCIAL PARK - PLANNED DEVELOPMENT AGREEMENT It was noted that the Eagan Heights Commercial Park planned development agreement has not been executed by the City nor the developer, and the Plan- ning Commission asked that it be put on the agenda at the next meeting for review. PARK DEDICATION POLICY FOR INDUSTRIAL/COMMERCIAL . A copy of the Eagan Park Dedication Policy for Industrial/Commercial land uses was distributed to the Planning Commission for review by the members. PLANNED DEVELOPMENT AGREEMENT Member Wold recommended that more conditions be imposed on Planned Developments at the beginning stages so as to avoid the inability to impose the conditions at later stages of the development. He suggested looking into the length of the Planned Development Agreement, the possibility of a no assignment clause in the planned developments, and that they be reviewed to a greater extent in stages. Upon motion duly made and seconded, the meeting adjourned at 12:15 p.m. PHH 12 0 0 MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA MAY 24, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, May 24, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Turnham, Wilkins and Wold. Absent were McCrea, Bohne, Krob and Mulrooney. Also present were City Planner Runkle, Assistant City Engineer Hefti, City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. Chairman Hall convened the meeting and noted that a quorum was not present initially, but by 7:10 a quorum was present. MINUTES The Minutes of the April 26 and April 28, 1983 regular meeting of the Planning Commission and the special meeting of May 10, 1983 were presented to the Planning Commission. Wold moved, Turnham seconded the motion to approve the minutes as presented. All voted yes. AGENDA The Agenda as distributed was approved with the addition of discussion concerning Planned Development Agreements. PHILLIP SWIGGUM - WAIVER OF PLAT - WILDERNESS RUN 5TH ADDITION The public hearing regarding the application of Phillip Swiggum for waiver of plat covering Lot 4, Block 1, Wilderness Run 5th Addition was presented to the Planning Commission. The purpose was to split the duplex home for owner/occupancy and there were no objections. Mr. Swiggum was present and upon motion by Wold, seconded Turnham, it was resolved that the application be recommended for approval, subject to the following conditions: 1. All necessary easements shall be dedicated to the City as recom- mended by staff. 2. All applicable ordinances must be complied with. All voted in favor. APC Minutes May 24, 1983 0 0 PARRCLIFF 2ND ADDITION - REZONING AND PRELIMINARY PLAT The public hearing regarding the application of Parkcliff Development Co. and Richard Winkler for rezoning from R-1 (Residential Single District) to R-1 PD (Residential Single District Planned Development) to allow deviation from the R-1 zoning requirement and for revised preliminary plat approval for Parkcliff 2nd Addition, consisting of 39 single family lots, was convened by Chairman Hall. Mr. Winkler was present as was Ralph Wagner., Engineer. Mr. Winkler stated that there is now no letter of credit problem and also that Phase II, which is being proposed, would have homes in the $150,000.00 to $160,000.00 price range. He also stated that there would be more restrictive covenants with increase in square footage minimums in the 2nd Addition. All lots would have 95 foot frontage or greater, with 7 lots 10,450 square feet, but 95 foot frontages. A number of neighboring property owners appeared and objected, including Bruce Cords who read a statement dated May 24, 1983, objecting to certain aspects of the proposal. Mr. Runkle stated that the developer could comply with minimum square footages by revising the plat, and have only one lot under the square footage minimum requirement. A sales brochure indicating 66 lots was submitted by the neighboring owners and it was noted that the original proposal provided for 112 foot lot widths along the east boundary of the subdivision. The reason for smaller lots, according to Mr. Winkler, was because there was only 290 feet along the east line resulting :. in 60 foot right-of-way and lots of 110 and 120 foot depths. Staff recom- mended the 60 foot right-of-way because of the terrain, even though 50 foot minimum is permitted. It was also noted that if the street were moved westerly, it would reduce the usability of lots on the west side of the street, adjacent to the pond. Mr. Colbert stated that the Engineering staff did not receive sufficient information to make recommendations, which was not the fault of the developer. Member Wold was concerned about erosion problems in the first phase. Mr. Winkler claimed a hardship for the lots along the easterly border and it was noted that a change in policy has taken place by the Planning Commission regarding use of Planned Development for under -sizing the lots and noted in this case that the developer's reason appeared to be financial. It' was further noted this is an R -I land use area, which does not conform with the current policy and would require a variance. It was also suggested that a neighborhood meeting be held and also discussion for an amendment to the application for 'variance purposes. After lengthy discussion, Hall moved, Wold seconded the motion to recommend approval of the application for preliminary plat, subject to the following: 1. Compliance with existing City R-1 lot requirements. 2. Submission of all necessary engineering information to the City and recommendation made by the City Engineering staff. 3. Authorization for the split of the large lot 13, adjacent to the pond, into lots that will comply with the minimum R-1 requirements. 2 0 0 APC Minutes May 24, 1983 1t111jjt11 �r.-.r 4. The revision of the easterly tier of lots to comply with the minimum City lot requirements. 5. That the applicant withdraw its application for R-1 Planned Development. 6. That. the developer and his engineer will meet with the neighboring property owners, approximately during the week of June 6, and that the City Engineering recommendations be prepared prior to consideration by the City Council. 7. A Developer's Agreement shall be prepared and signed prior to final plat approval. 8. All easements shall be dedicated as requested by City staff. 9. All other City ordinances shall be adhered to. 10. The plat shall be subject to the Park Commission's review and com- ment regarding the 10 foot trailway easement between Lots 11 and 12, Block 2. �1'ra 11. The plat 'shall be subject to Dakota County Plat Commission's review and comment because the plat has access on Cliff Road. All voted in favor, except Wilkins who voted no. DDCKWOOD TRAILS 2ND ADDITION PLANNED DEVELOPMENT AND PRELIMINARY PLAT The hearing regarding the application of the owners of the Duckwood Trail Development for revision to planned development and preliminary plat approval of Duckwood Trails 2nd Addition next came to the Planning Commission. Ron Erickson of Korsunsky, Krank h Erickson, Architects, was present, as was Gerald Singer, attorney. The first application is a request to amend the Duckwood Trails Planned Development, to change the 90 -unit condominium and 58 - townhouse units to allow two 81 -unit apartment buildings and dedicate land to the City for parkland purposes. The second application is a request for preliminary plat approval and detailed site plan approval for the two 81 -unit apartments and an outlot, which will be dedicated for park purposes. It was noted the project would consist of 33.5 acres of development land and 9.3 acres of park land. The apartments would include swimming pool and tennis courts, and it was also noted that the apartment building had been moved i., farther away from the R-1 area. There was an attempt to retain the residen- tial character. Steve Klein, a neighbor to the west, spoke in favor and also represented 7 neighboring owners. He stated that the proposal would provide for a buffer and preservation of wetlands, improved aesthetic quality and 3 0 APC Minutes May 24, 1983 f`: would be a general advantage to the neighboring area. One neighbor objected to the increase in density and was concerned about the fill in the lake. The applicant stated that it would not be encroaching on the lake, according to its plans. It was noted that the Park Committee members are informally receptive, according to Mr. Runkle, and the proposal would help, to resolve the park issue in the neighborhood. The rentals would be $425.00 to $525.00 non - subsidized, according to Mr. Singer. The traffic study submitted was reviewed in light of the additional access to Lexington Avenue, and it was recommended that the access along the north line of the property to Lexington, be eliminated and only Duckwood Drive and Duckwood Trail be permitted. DeBoer Park of approximately 8 acres, the Eagan Commercial Park area of about 3 acres, and the new proposed Duckwood Trail Park would be combined to serve the general park needs in the area. Mr. Wold questioned whether the City will require additional park contribution from the developers of the Eagan Commercial. Park to the north under the new Commercial/Industrial Park Policy. He recommended that as much land as possible north of DeBoer Park be included in the park dedication because of the demands of the neighborhood due to the increased density. It was also stated that it was expected some years ago that the land to the north would be developed R-3 and because the devel- oper is now proposing R-4, that the Duckwood developers which had agreed to reduce to R-3 density, now were requesting more intense density on a portion of the property. There was duscussion concerning parking and it was noted that there is additional parking area available, if it becomes necessary to use it. Wold moved, Hall seconded the motion to recommend approval of the amendment to Duckwood Trails Planned Development, subject to an Amendment to the Planned Development Agreement being entered into and signed by both the City and the Developer. All voted in favor. Wold then moved, Hall seconded the motion to recommend approval of the preliminary plat and detailed site plan for the two 81 -unit apartments, subject to the following: 1. A development agreement shall be entered into prior to the final Plat. 2. Outlot A shall be conveyed to the City as parkland, free of all liens, encumbrances, taxes or assessments. 3. An underground parking space shall be required with the rental of each dwelling unit in order to allow only one outside parking space per unit. 4. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts a county road. 5. A detailed landscape plan shall be required and an adequate land- scape bond be submitted and not released until one year after the landscaping has been completed. 4 APC Minutes • • May 24, 1983 6. The architectural scheme and materials shall be included with this planned development amendment to insure the buildings are constructed in accordance with the proposed plan. 7. A 20 foot green area shall be provided from the right-of-way of Duckwood Trail and the beginning of the parking lot area. B. The existing storm sewer outlet for O'Leary Lake shall be relocated at the developer's expense in accordance with City approved plans and specifi- cations. 9. All necessary additional drainage, utility and ponding easements shall be dedicated on the final plat. 10. Any existing drainage, utility or ponding easement that must be vacated shall be done so prior to or at the time of final plat approval at the expense of the developer. 11. The access onto Lexington Avenue shall be eliminated and the nor- therly parking lot redesigned to provide for a cul-de-sac turnaround. 12. This development shall be responsible for any additional assessments associated with lateral benefit from trunk water main along Lexington Avenue. 13. This development shall pay in full all outstanding assessments which are the responsibility of the land to be dedicated to the City as park proper - I:. ' ty. 14. Concrete curb and gutter shall incorporate all hard surfaced parking lot and driveways. 15. Parking lot stalls shall be a minimum of 10 x 18 feet. 16. Appropriate permits from the DNR and Army Corps of Engineers and any other agencies necessitated by any filling of O'Leary Lake shall be obtained prior to final plat application. 17. Detailed grading, drainage and erosion control plans with detailed plans and specifications for internal storm sewer design shall be reviewed minimizing the impact on O'Leary Lake and approved by staff prior to final plat application. 18. Outlot A shall be graded and seeded by the developer as approved by the City within 30 days of final plat approval. 19. To replace parking area with driveway into the basement garage of the Duckwood Trails project. All voted yes. 5 APC Minutes May 24, 1983 0 0 ARLENE KRECKLAQ - SUNSET 2ND ADDITION REZONING AND PRELIMINARY PLAT The public hearing regarding the application of Arlene Krecklau for rezoning approximately 5 acres from A (Agricultural) to R-1 (Residential Single District) and preliminary plat approval of Sunset 2nd Addition, con- taining 12 single family lots, was convened by the Chairman. Arlene Krecklau was present as was Brad Swenson, Engineer. Mr. Swenson stated that all lots comply with the minimum R-1 lot requirements and he reviewed the proposed plat, the utility plat, and the contours of the property. A neighboring owner, Jerry Sauter, appeared and had no objections. Also, Mr. Rice, owner to the south, appeared and stated that he had no objection to the project. It was noted that an easement will be requested by the City through the Rice property for storm sewer purposes. It was proposed the price range would be about $85,000.00 per unit. After discussion, Wold moved, Wilkins seconded the motion to recommend approval of the application for rezoning. All voted yes. Wold moved, Turnham seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: �= 1. No variances shall be allowed for side setbacks except for topo- graphic or vegetation reasons. -3 2. The plat shall be subject to the Park Commission's review and recom- mendations. 3. A development agreement shall be entered into and signed by the applicant prior to final plat application. 4. An approved detailed erosion control/grading plan shall be received prior to final plat approval. 5. Storm sewer shall be required to be extended from the trunk storm sewer within Golden Meadow Road to provide for drainage for this development. 6. The water main shall be stubbed to the south boundary line of this development. 7. If installed privately, the plans and specifications for the utili- ties and streets shall be prepared by a registered engineer and approved by the Engineering Department. 8. If previously not dedicated, the 25 foot half right-of-way for Hackmore Drive shall be dedicated as part of this final plat along with the right-of-way for Kirsten Court, 9. Sufficient easements shall be dedicated along all property lines and rights-of-way lines, according to City requirements. 2 0 APC Minutes May 24, 1983 "A 40 10. This development shall accept its responsibility for trunk area storm sewer assessments at the rates which are in effect at the time of final plat approval. 11. All costs for installing the internal utilities and streets shall be the sole responsibility of this development. All voted yea. BLACRHAWC ACRES REPLAT - HERBERT W. BERGSTROM, JR. REZONING AND PRELILMINARY PLAT The hearing regarding the application of Herbert W. Bergstrom, Jr. for rezoning approximately 2 acres from R-4 (Residential Multiple District) to R-3 (Residential Townhouse District) for townhouse development on Lots 7 through 12, Blackhawk Acres, and for preliminary plat approval of approximately 5.5 acres, concerning 25 townhouse units was presented to the Planning Commission members. Brad Swenson again appeared on behalf of the applicant and noted' that Lots 7 through 10 are zoned R-4 and the balance of the property is zoned R-3. Several easements cross the property, making the development very diffi- cult and he noted that all R-3 minimum requirements have been fulfilled in the proposal. The density, excluding right-of-way, would consist of 5.5 units per acre, and right-of-way for Robin Lane is 0.93 acres, with net density of 4.5 acres. The applicant is proposing double car garages for each of the dwelling units, and 20 foot stacking in front of each of the units. Several neighboring owners to the east were present and objected to townhouse use of the property and the expected height of the townhouses block- ing their view to the west. It was noted that the purpose of the application is simply to determine the density, but that terrain creates problems, as do the existing easements. The zoning to multiple zoning took place in approxi- mately 1969. After extended discussion, Hall moved, Wilkins seconded the motion to continue the hearing until the next regular meeting to allow a neighborhood meeting to take place between the developer and the neighboring owners, to acquire grades to Robin Lane from the consulting. engineer's office and also, to determine whether other alternates may be advisable for the development of the property, taking into account the terrain, easements, etc. All voted in favor. 7 APC Minutes May 24, 1983 0 ROBIN LANE 1ST ADDITION - PRELIMINARY PLAT The hearing concerning the application of Metram Properties and Vasco Bernardi for preliminary approval of Robin Lane 1st Addition was convened by Chairman Hall. Ron Erickson, Architect, and Mr. Bernardi were present for, the applicant. The parcel consists of 9.6 acres which contains two condominium buildings with 112 dwelling units and 10 townhouse units located in the SW 1/4 of the SE 1/4 of Section 17. The parcel is zoned R-4 (Residential Multiple District) and R-3 (Residential Townhouse District) and the application is consistent with the existing zoning. It was noted that one of the critical issues was access to the site and the triangular portion on the south end did not allow access to Silver Bell Road with no other available access, thus the reason for the acquisition of the parcel adjacent to Robin Lane, with outlet to Robin Lane. There were two apartment buildings for a total of 112 units, each building containing 24 one -bedroom units, 26 two-bedroom units and 6 three-bedroom units, for a total of 56 units per building. There was a proposal for 116 underground parking spaces and 108 outside parking spaces for a total of 224 spaces. It was also recommended that parking spaces comply with Eagan minimum space requirements of 10 feet by 20 feet. Mr. Hall asked if there were any objections by Planning Commission members or others present, concerning his association with Tony Bernardi, the brother of Mr. Vasco Bernardi and there were no such objections. There were no variances required and Mr. Erickson stated that the three-story building would include under- ground parking with condominium units provided for sale. Rod Johnson, Presi- dent of, the Shannon Glen Homeowners Association was present and had certain concerns as follows: 1. Density and traffic in the area. 2. Closeness of the driveway to the condominium units. 3• He stated the drainage to the west is a problem and asked for methods of solving the drainage problem in the Shannon Glen area. Mr.. Erickson answered the questions concerning parking along the souther- ly building, noting that substantial cuts would be required if parking were to be repositioned. He also stated that he would attempt to resolve the drainage problems. The lengthy cul-de-sac of 700 to 800 feet was discussed but it appeared to be the only access available. It was suggested that the interior street be widened and it was noted that it provides for 28 feet in width. Mr. Erickson also stated that there would be a buffer between the driveway and the Shannon Glen development to the west. Wold moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. A development agreement shall be signed and entered into prior to final plat approval. E APC Minutes May 24, 1983 f' u 2. Robin Lane shall be upgraded in order to provide proper access to this development. 3. The parking spaces shall be in conformance with the Eagan City Code which is a 10 foot x 20 foot dimension. 4. The applicant shall conform to City Code for condominium parking. 5. A detailed landscape plan shall be submitted and approved by City staff and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. The landscaping plan shall include buffer between the parking area and the Shannon Glen No. 1. 6. The plat shall be subject to the Park Commission's review and com- ment for park dedication and tot lots if appropriate. 7. An approved detailed erosion control/grading plan shall be received by City staff prior to final plat approval and coordination be entered into to resolve drainage in bording Shannon Glen area. 8. If the utilities and streets are to be installed privately, then plans and specifications prepared by a registered engineer shall be submitted 2 to the Engineering Department for B B P approval. 9. The proposed internal platted street shall be a minimum of 28 feet wide with concrete curb and gutter and bituminous surfacing. 10. The parking areas shall have concrete curbing around the perimeter with any interior islands consisting of concrete curbing also. 11. The entire right-of-way of Robin Lane shall be dedicated as a part of the final plat. 12. A minimum of a 20 foot utility easement shall be required over all water main, sanitary sewer and storm sewer to be constructed within this proposed development. 13. Ten foot utility easements shall be dedicated adjacent to all public right-of-way with a minimum 5 foot utility and drainage easements being dedi- cated along all exterior lot lines and 10 foot utility and drainage easements dedicated over all interior lot lines. 14. A ponding easement shall be granted to encompass the 840.0 foot high water level elevation of Pond AP -38. 15. This development shall be responsible for its additional storm sewer trunk assessment resulting from upgrading of zoning from residential to mul- tiple. E 0 APC Minutes ff _ May 24, 1983 0 16. All costs for installation of internal utilities and streets shall be the sole responsibility of this development. All voted in favor. MALL RD PARK 2ND ADDITION - TOLLEFSON BUILDERS. REZONING AND REPEAT The hearing regarding the application of Tollefson Builders to rezone approximately 21.4 acres from R-1 (Residential Single District) to R-1 PD (Residential Single District Planned Development) to deviate from the R-1 zoning standards and for replat of the Mallard Park 2nd Addition to contain 54 single family lots was presented to the Eagan Planning Commission. Bill Dolan, Engineer and Carl Tollefson were present for the applicant. It was noted that the present zoning is R-1 and the Comprehensive Guide Plan desig- nates the parcel with an R -II land use with 3 to 6 dwelling units per acre; the proposed development will consist of 2.5 dwelling units per acre, slightly less than what is proposed in the Comprehensive Guide Plan. The original proposal included 42 single family lots and the present plan �s with 54 lots, with a net increase of 12. Minimum lot width ` proposed is 65 feet at the 30 foot setback and minimum lot area of 9,000 square feet with the average lot size of 13,675 square feet. All streets and utilities have been installed and assessed, and some lots will not be changing their configuration because of existing utilities along lot lines. Two phases are being proposed. There was discussion concerning the revised guidelines sent out by the Plan- ning Commission and it was noted that the reasons for the small lots in essence were as follows: 1. The surrounding land uses include smaller lots. 2. The surrounding land uses provide for R-3, R-4, and smaller single family lots. 3. The land use currently provides for R -II. 4. The rough topography makes it conducive for smaller lots and there is no grading problem resulting in smaller lots. 5. The proposal includes large rear yards, even though front widths are narrower than the minimum R-1 requirement. Also the smaller lots are more appropriate for starter single-family homes. Mr. Tollefson stated that Mr. Willmus has requested the City authorize the grading of Johnny Cake Ridge Road north to Diffley Road, but Mr. Colbert stated the City's policy is not to upgrade until full City standards have been met. 10 0 0 APC Minutes May 24, 1983 Mr. Wold asked about the architectural controls and the developer indi- cated he will submit the house plans, the elevations for the home and also the specific types of units for each of the lots. A three-year planned develop- ment was proposed for the development. Wold moved to recommend rezoning from R-1 to R-1 PD because the application falls within the recommended guidelines of the Advisory Planning Commission spelled out at its May 10, 1983 special meeting, noting the following: 1. That the proposal is compatible with surrounding land uses of R-4, R-3 and small single family lots. 2. That there is an R -II land use density. 3. The topography makes it amenable to smaller lots without creating damage. Hall seconded the motion. All voted in favor. Wold then moved, Wilkins seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. A revised development agreement shall be prepared and agreed to by the City and the developer. 2. A three year planned development agreement be prepared for the smaller lot subdivision which will encompass the controls and conditions addressed by the Advisory Planning Commission at its May 10, 1983 special meeting and will provide sufficient control by the City to ensure an inte- grated and well planned subdivision with the draft PD Agreement to be submit- ted to the APC for review. 3. All easements shall be dedicated as requested by City staff. 4. The grading plan with house elevation and type of home constructed on the particular lots shall be included in the planned development agreement and adhered to. 5. If installed privately, the plans and specifications for the addi- tional services to the new lots shall be prepared by a registered engineer and approved by the Engineering Department prior to final plat.approval. 6. All easements to be vacated shall be vacated prior to final plat approval. 7. This development shall accept its responsibility for a lateral benefit assessment from trunk water main at the rates in effect at the time of final plat approval. 11 APC Minutes May 24, 1983 8. All costs for constructing utility services to the newly created lots shall be the sole responsibility of this proposed development. 9. All delinquent assessments shall be paid at the time of final plat approval. All voted in favor. EAGAN HEIGHTS COMMERCIAL PARK - PLANNED DEVELOPMENT AGREEMENT It was noted that the Eagan Heights Commercial Park planned development agreement has not been executed by the City nor the developer, and the Plan- ning Commission asked that it be put on the agenda at the next meeting for review. PARK DEDICATION POLICY FOR INDUSTRIAL/COMMERCIAL . A copy of the Eagan Park Dedication Policy for Industrial/Commercial land uses was distributed to the Planning Commission for review by the members. PLANNED DEVELOPMENT AGREEMENT Member Wold recommended that more conditions be imposed on Planned Developments at the beginning stages so as to avoid the inability to impose the conditions at later stages of the development. He suggested looking into the length of the Planned Development Agreement, the possibility of a no assignment clause in the planned developments, and that they be reviewed to a greater extent in stages. Upon motion duly made and seconded, the meeting adjourned at 12:15 p.m. PHH 12