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07/26/1983 - City Council RegularMINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 26, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 26, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Wilkins, Turnham, Mulrooney, Krob and McCrea. Wold arrived later in the meeting. Absent was Bohne. Also present were City Planner Runkle, Assistant City Engineer Hefti, Consulting Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. AGENDA Krob moved, Wilkins seconded the motion to approve the agenda with the understanding that item B has been decided by the City Council regarding Levi Heuer, and item D concerning the application of John Gruidel will be continued at the request of the applicant. All voted yes. McCrea moved, Turnham seconded the motion to approve the following minutes as prepared: Regular meeting of June 28, 1983; Special meeting of June 30, 1983; and Special meeting of July 12, 1983. All voted yea. KNOB HILL OF EAGAN — REVISED PRELIMINARY PLAT The continued public hearing regarding the application of Edmund B. Dunn for revision to the commercial portion of the Knob Hill of Eagan preliminary plat was convened by Chairman Hall. Mr. Runkle indicated that the proposal was to amend the plat from 14 to 15 lots and noted that a design phase and general proposal concerning architectural theme have been submitted. Greg Frank of McCombs & Knutson, Engineers, and Ed Dunn were present for the applicant. Mr. Frank indicated that parking will be in the rear yards and buildings will be from 4,000 to 6,000 square feet. He stated, however, there would be no specific architectural theme but it would be a variety of themes and showed potential architectural styles for the buildings. There were no objections from persons present. Member McCrea was opposed to the downsizing of the buildings in the plat and also opposed the multiple architectural scheme, or lack of specific scheme. Mr. Frank stated the diversity in the architecture could be desirable. He stated that there would be 25 to 30 feet between buildings and landscaping and berming would be included. There was discussion concerning signage, including that on the building and on-site signage. Mr. Dunn stated he has sold two sites. It was noted this is a planned development and the intent is to control the size of the buildings and also architectural theme if required by the agreement. After discussion, Krob moved, Wilkins seconded the motion to recommend approval, subject to the following conditions: 171 APC Minutes July 26, 1983 Is 1. The Advisory Planning Commission shall review all site plans and signs for the individual lots in order that the owner of the. lot conforms with an architectural review theme that is consistent with the project. 2. The plat shall be reviewed by the Dakota County Plat Commission because the proposed replat abuts two County roads. 3. All buildings proposed shall meet all of the criteria established in the LB (Limited Business District) of the Eagan City Code. 4. All other City ordinances shall be adhered to. 5. The plat shall be subject to the new commercial/industrial park dedication requirements. 6. A detailed grading and erosion control plan shall be submitted to the Engineering Department for approval. 7. If the public improvements are to be constructed privately, the plans and speifications shall be prepared by a registered engineer and sub- mitted to the Engineering Department for approval. B. The minimum width for the public street shall be 34 feet. The minimum width for the private drive shall be 28 feet and the minimum diameter of the cul-de-sac shall be 47 feet. 9. The private road shall be dedicated as an easement for utility purposes. 10. Adequate utility easements shall be dedicated as required by this report. 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 related to internal public improvements shall be the sole responsibility of this development. Those in favor were Wilkins, Turnham, and Krob. Those against were McCrea and Mulrooney. As McCrea stated, the 1/2 acre lots are too small and the entrances and exits could cause congestion, together with the fact that there is no general architectural theme. 2 t Id, J APC Minutes July 26, 1983 Ll LEVI HEUER - WAIVER OF PLAT APPLICATION 0 The next public hearing concerned the application of Levi Heuer for waiver of plat for Lot 8, Auditor's Subdivision No. 42 located on County Road 030. Mr. Runkle explained the proposal and noted that the City Council had acted to approve the application and asked that the information be submitted to the Planning Commission. The staff had requested that a plat overlay be included to show future development of the parcel. After discussion, McCrea moved, Wilkins seconded the motion to recommend approval of the application for variance to the waiver of plat to create a new homestead site on the 3.93 acre parcel, subject to the following: 1. The property cannot be further subdivided until sewer and water are available to the site. 2. The applicant shall locate the house and trailer and proposed garage in accordance with the overlay for future plan, in order that when utilities are available, the applicant can maximize the land use of the site. 3. The area shall be included with the platting of the property either to the east or to the west when this area is further subdivided. All voted yes. TOLLEFSON BUILDERS - VARIANCE - BRITTANY 4TH ADDITION The hearing on the application of Tollefson Builders for 5 foot variance for side yard setback for Lots 14, Block 1, Brittany 4th Addition was convened by the Chairman. The variance was for garage attached to the dwelling unit and Mr. Runkle explained the application. There were no objections but members indicated there was no showing of hardship and this was intended as a smaller lot. Another variance had been granted in the general area because of a survey error. Hall moved, Mulrooney seconded the motion to recommend denial because of lack of hardship shown. All voted yes. SUNSET 3RD ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Tri -Land, Inc. and Bradley J. Swenson to rezone approximately 5 acres from A (Agricultural) to R-1 (Residen- tial Single District) and for preliminary plat approval of Sunset 3rd Addi- tion, containing 5 acres and 7 single family lots was convened by Chairman Charles Hall. After explanation of the application by Mr. Runkle, it was noted that Lot 7 is the homestead of the current property owner and would remain intact. The lots all conform, with the minimum frontage and square 3 0 APC Minutes July 26, 1983 F footage requirements and noted that Lot 7 would not be easily subdividable. He stated that a neighborhood meeting had been held and there are no objec- tions from surrounding property owners. Wilkins moved, Krob seconded the motion to recommend approval of the application, for rezoning from A (Agri- cultural) to R-1 (Residential Single District). All voted yes. Then Wilkins moved, Mulrooney seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. No variances shall be allowed for side yard setbacks except for topographic or vegetation reasons. 2. The plat shall be subject to the Park Commission's review for park dedication. 3. A development agreement.shal1 be entered into and signed by the applicant prior to final plat application. 4. If streets and utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer in accordance with City standards. 5. In addition to typical utility and drainage easements, a 20 foot utility easement shall be dedicated over the common lot line between Lots 3 and 4, and an easement of sufficient width over the westerly portion of Lot 7 Iwill also be dedicated for storm sewer. 6. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. 7. All costs associated with extending the existing Golden Meadow Road and the utilities within Golden Meadow Road and also the internal street and utilities shall be the sole responsibility of this development. All voted in favor. NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT The hearing regarding the application of National Advertising Company for conditional use permit for outdoor advertising sign in the South 1/2 of the Southwest 1/4 of Section 18, within the railroad right-of-way and 20 feet northeasterly of the northbound right-of-way of Cedar Freeway was next con- vened by the commission. Mr. Runkle introduced the application and made some detailed comments concerning advertising signs and the current ordinance covering advertising signs in the City. He noted there are two applications that will be heard during the current meeting within 125 feet of each other, and the fact that the current application is within 25 feet of the center line of the railroad right-of-way. Cross sections and diagrams of the proposed sign were submitted and reviewed. There was a question as to whether the railroad is zoned and it appeared that there is Light Industrial zoning on each side of the rail road in that location. 4 0 APC Minutes July 26, 1983 0 It was further stated by Mr. Runkle that a permit was issued by the Eagan City Council for a sign in that location in June of 1977 and the permit has been renewed annually by the City and fees have been paid. A lease has been signed for the location and a sign was issued to allow for a 250 square foot sign, so therefore, a proposal for a 672 square foot sign exceeds the square footage. The height of the sign is 20 feet above the road level or 55 feet above lot level and the ordinance provisions were reviewed. Ralph Linvill, owner of the land directly to the north of the road right-of-way appeared and had concerns as to whether his parcel would be pre-empted from the location of signs and also objected that the railroad right-of-way was not zoned and whereas his property is zoned Light Industrial. His parcel is 4.4 acres with approximately 450 feet of frontage on new Cedar Avenue. Also, Julianne Bye of Naegele Outdoor Advertising Co. was present. It was noted that the Linvill property would be affected by the sign restrictions under the City Ordinance. Mr. Jerry Oster appeared for the applicant and stated that the reason for the sign located 20 feet above the roadway was for visibility and further, that the sign size of 14 feet by 48 feet was designed for visibility and exposure for advertisers. Krob suggested that the staff meet with the affected applicants to attempt to work out the resolution of the sign issues in the area. Member Wold appeared at the meeting at this time. Chairman Hall stated that the.Sign Ordinance perhaps should be changed to provide for setbacks from the edge of property lines and also the discretion concerning the height be defined more clearly in the ordinance. It was noted that there was no direct benefit to the City for the larger sign face. Hall moved, Mulrooney seconded the motion to recommend approval of the application, upon the condition that the sign will conform with the maximum square footage under the Ordinance, but that the height be approved at 55 feet with 20 feet above the road level. It was also suggested that the Linvill property be granted a permit for a free-standing ground sign in the event that such an application is submitited. All voted in favor except Wold who abstained. NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT The hearing regarding the application of National Advertising Company for conditional use permit for an outdoor advertising sign in the Northeast 1/4 of the Northeast 1/4 of Section 3, being 340 feet north of the north edge of Eagandale Blvd., along the west line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way was convened. Mr. Runkle, again introduced the application and indicated that the square footage requested was above the ordinance maximum square footage allowed. He displayed the drawings that were submitted by the applicant and there were no objections. Member McCrea ex- pressed the potential concerns that neighboring owners would have under the ordinance. Hardship was noted to be economic and member Mulrooney was con - 5 0 APC Minutes July 26, 1983 40 cerned also about exceeding the limits of the ordinance provisions. Krob was concerned about the unlimited permission for the sign and suggested a time limit for the start of construction. Hall moved, Mulrooney seconded the motion to recommend approval of the application, to require that the sign be no larger than the maximum square footage permitted under the ordinance, and further, that construction be commenced within one year of approval of the application by the City Council. All voted yea. NAEGELE OUTDOOR ADVERTISING SIGN - CONDITIONAL USE PERMIT The hearing covering the application of Naegele Outdoor Advertising Sign Co. for conditional use permit for outdoor advertising sign in the Southeast 1/4 of the Southwest 1/4 of Section 18, at the southwest quadrant of Nichols Road and railroad right-of-way, was presented to the Planning Commission. Mr. Runkle presented the background of the application and noted that the sign will be 150 feet south of the center line of the rail road right-of-way on private property. Julianne Bye of Naegele was present and stated that she understood that her application was submitted before that of National in the same area. The poster panel on old .Cedar Avenue will be removed by the applicant and it would rebuild a new sign along New Cedar. She noted that an application had been submitted by Naegele in 1981 and had been denied by the City Council. She also stated that Naegele now has a new advertising sign size and requested that it exceed the maximum size limitation in order to communicate better with the moving vehicles. She stated that the size was based on an extensive study of the issue. Two feet on top of the sign is provided for extended advertising space which is not always used, but could contain logo or figures. The sign would be located 125 feet from the proposed National Advertising Sign permit location and it was noted that the applica- tion is subject to the 1,000 foot lineal setback from other existing adver- tising signs on the same side of the street. The variance would then be required for the size and also distance from permitted advertising location. Mulrooney moved, Krob seconded the motion to recommend denial for the following reasons: 1. That another permit had been issued for National Advertising Company within the restricted 1,000 feet from the current location proposed by the applicant. 2. That the sign would exceed the maximum square footage allowed under the Eagan Ordinance. - All voted yes. 9 0 APC Minutes July 26, 1983 40 LAOKKA-BECK EAGAN - REZONING OR AMENDMENT TO PLANNED DEVELOPMENT AND PRELIMINARY PLAT The hearing regarding the application of Laukka-Beck and Minnesota Jockey Club for rezoning or amendment to the planned development and for preliminary plat approval of Laukka-Beck Eagan in part of Section 1, south of proposed I- 494 was presented to the Planning Commission. The hearing commenced at 9:20 p.m. Runkle reviewed the applications briefly and noted that the Dayton - Hudson Corporation had purchased the property in the early 1970's and it was proposed for a regional shopping center. In 1977, it was proposed as a stadium site location and Laukka-Beck has purchased the property from Dayton - Hudson Corporation. Peter Jarvis of B.R.W. and several other representatives for the appli- cant were present, including representatives of the Minnesota Jockey Club. He stated that Laukka-Beck has owned the property for about 5 years and there have been several site reviews of the location. The parcel contains 450 acres and 240 acres are intended for the race track facility and the remaining 210 acres for retail office and office showroom purposes. Mr. Jarvis reviewed a number of diagrams and schematics, including the transportation plan, vegeta- tion display, soils, slopes, drainage, height of the parcels, site forces, utilities, proposed public utilities and private utilities, zoning, comprehen- sive guide land uses, and proposed layouts for the project. The architect for the project from Setter, Leach and Lindstrom, Architects, gave a brief review of the architectural characteristics of the project, including a description of the proposed race track facility. It was noted there was two designated DNR wetlands and storm sewer adjoins the property at the southwest. Also water and sanitary sewer layouts were presented and reviewed. Mr. Jarvis stated that the EAW will be completed in about 10 days and further indicated the trip generation and full development would be about 38,000 vehicles per day, in and out of the site. There would be about 5,600 vehicles per day on the race track site. Phase One would cover the race track facilities and other phases were also described by Mr. Jarvis, with development moving from the southwestern portion northerly, and to the northeasterly portion of the project. He also indicated Highway 11149 is scheduled to be completed in the fall of 1984 and I- 494 from 1155 to 11149 in the fall of 1985 with the balance of I-494 to Highway 11110 scheduled to be open in the fall of 1986 or spring of 1987. He further stated that the schedule of the Minnesota Racing Commission is to pick a site in January of 1984 and grading could then begin by February of 1984 if this site is selected amongst the 7 sites that are now being proposed. The opening would be scheduled for 1985 and a 60 -day race -track season from June 15 through August 15 would be proposed with expansion to three to four months possible. Mr. Jarvis also stated that 1,400 to 1,600 young people could be employed at the race track during the season. 7 E APC Minutes July 26, 1983 0 Mr. Runkle stated that the City could negotiate with the owners con- cerning a lower use in the event of default of the planned development agree- ment, and other possibilities would be provided. The race track would be regulation size with a grandstand having a capacity for 7,500 people with the prospect of increasing the size to 15,000 persons. The parking area would include 4,100 parking spaces for the race track with an overflow parking of 3,630. It is expected that the persons attending a normal racing day would be in the neighborhood of 7,000 to 8,000 people with major events generating 15,000 to 20,000 persons. About 800 horses could be stabled in the racing facility, and 8 large horse barns with expansion capability to 14 to 15 barns. Fencing would be provided completely around the storage or off-track area and there would be internal security for the horses. A number of neighboring property owners were present, including Karen Flood, who asked about parking and was told that all parking would be on site. The races would be run between 3:00 p.m. and 6:00 p.m., but could expand those hours. Tax increment financing would be proposed for the race track facility, and also industrial revenue bonding. Questions from the audience included assessments, time frame for utility installation, fire and ..a police protection and street construction. There would be on-site security j1 and fire suppression that is being planned and it was also noted that the proposal would contain less density than already approved for the site under the planned development. There were questions concerning the benefits to Eagan, and Mr. Hedges stated that there are many issues yet to be studied. A member of Lone Oak Lutheran Church was present and objected to the location of the race track. There were also objections concerning the potential for increased crime and possible reduction in property values in the area. Member Wold stated the following concerns and requested further informa- tion: 1. The site is a prime real estate location and he suggested study concerning the relative tax return for the race track facility as opposed to other retail and office uses. 2. As to increases in job, he stated that jobs would be of a temporary nature, whereas other uses would be on a full -year basis. 3. As to needs of community, he suggested a determination be made as to whether further office and retail space will be needed in the area. 4. As to impact on the community, he requested that statistics be acquired concerning possible increase in crime rates, the fire and police impact, crowd control issues, etc. 5. Are there other potential uses for the site? D 0 APC Minutes July 26, 1983 0 6. What types of increased services will the community need to provide for the installation of such a racing facility? 7. Should there be a specific time limit on the commencement of the planned development, and completion of phases of the PUD? 8. Park dedication should be addressed clearly and prior to the approval of such a project. Member Wilkins then cited the following concerns that she had: 1. Timing. If the proposal of the Minnesota Race Commission is to determine a site by January 1, 1984, then the application must move through the City on a rapid basis. 2. She asked whether the State Commission would run the track, and the answer was that the private owners would be licensed and the State would only regulate and potentially collect a tax. 3. She was concerned about reversion of the zoning if the planned development does not proceed according to the stages in the agreement. Member McCrea cited the following concerns that she had: 1. She suggested that the Eagan property owners in favor of the pro- posal submit reasons why they favored the project. 2. She asked for more specific information concerning the timing for the completion of the major roads in the area. 3. She recommended that staff members be authorized to investigate other sites around the Country where race track facilities are in operation and report back to the Planning Commission and Council. Mr. Krob cited the following concerns: 1. He suggested that the City compare the proposed racing facility with a similar facility in other areas of the Country. 2. He was concerned about the impact on fire and police protection. 3. The health, welfare and safety of the people in the City should be of primary importance. 4. He stated he was not certain that the race track facility is the best use and possibly more revenue would be produced from other uses on the same site. Gi 0 APC Minutes July 26, 1983 Member Mulrooney expressed the following concerns: i7 1. He stated more information is needed in order to make a reasonable decision or recommendation on the project. 2. He was interested in knowing why some residents in the area favored the project. 3. After questioning, he was told that the Jockey Club will own and operate and all of the owners of the Minnesota Jockey Club will be Minnesota residents. 4. In response to a question concerning the time frame for the develop- ment of the balance of the property, he was told that the 210 acres of office retail construction should be completed in 8 to 10 years. Chairman Hall made the following comments: 1. He said in all likelihood the project would not be developed as a regional shopping center as originally planned because of the other existing regional shopping centers in the metropolitan area. 2. He stated that the mixed uses would provide for about 2,500,000 square feet of space with possibly $250,000,000.00 in development. 3. The Park dedication issue must be addressed and resolved prior to approval of the application. 4. He also stated that prior to approval, the City should be given a complete resume' of the rest of the persons who will be involved in the Minnesota Jockey Club and the development and operation. 5. He stated that the social implications are not an issue for the Advisory Planning Commission, but other members stated that social issues clearly are involved in the decision making process by the Planning Commission. The Planning Commission members discussed the timing for action upon the application and Steve Pflaum, the President of the Jockey Club, who was present, stated that he realized that the Planning Commission would not be acting until it had additional informtion at its August meeting. At 12:05 p.m. Mulrooney moved, Turnham seconded the motion to continue the application until the regular Advisory Planning Commission meeting of August 23, 1983 noting that the Planning Commission members had requested extensive information to be submitted by the staff and asked that the staff submit the information to the Planning Commission about one week prior to the meeting. All voted in favor. 10 APC Minutes July 26, 1983 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. All voted in favor. PHH L Secretary 11 MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 26, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 26, 1983 at the Eagan City Hall commencing at 7:00 o'clock p.m. Those present were Chairman Hall, Members Wilkins, Turnham, Mulrooney, Krob and McCrea. Wold arrived later in the meeting. Absent was Bohne. Also present were City Planner Runkle, Assistant City Engineer Hefti, Consulting Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. AGENDA Krob moved, Wilkins seconded the motion to approve the agenda with the understanding that item B has been decided by the City Council regarding Levi Heuer, and item D concerning the application of John Gruidel will be continued at the request of the applicant. All voted yes. McCrea moved, Turnham seconded the motion to approve the following minutes as prepared: Regular meeting of June 28, 1983; Special meeting of June 30, 1983; and Special meeting of July 12, 1983. All voted yea. KNOB HILL OF EAGAN — REVISED PRELIMINARY PLAT The continued public hearing regarding the application of Edmund B. Dunn for revision to the commercial portion of the Knob Hill of Eagan preliminary plat was convened by Chairman Hall. Mr. Runkle indicated that the proposal was to amend the plat from 14 to 15 lots and noted that a design phase and general proposal concerning architectural theme have been submitted. Greg Frank of McCombs & Knutson, Engineers, and Ed Dunn were present for the applicant. Mr. Frank indicated that parking will be in the rear yards and buildings will be from 4,000 to 6,000 square feet. He stated, however, there would be no specific architectural theme but it would be a variety of themes and showed potential architectural styles for the buildings. There were no objections from persons present. Member McCrea was opposed to the downsizing of the buildings in the plat and also opposed the multiple architectural scheme, or lack of specific scheme. Mr. Frank stated the diversity in the architecture could be desirable. He stated that there would be 25 to 30 feet between buildings and landscaping and berming would be included. There was discussion concerning signage, including that on the building and on-site signage. Mr. Dunn stated he has sold two sites. It was noted this is a planned development and the intent is to control the size of the buildings and also architectural theme if required by the agreement. After discussion, Krob moved, Wilkins seconded the motion to recommend approval, subject to the following conditions: 171 APC Minutes July 26, 1983 Is 1. The Advisory Planning Commission shall review all site plans and signs for the individual lots in order that the owner of the. lot conforms with an architectural review theme that is consistent with the project. 2. The plat shall be reviewed by the Dakota County Plat Commission because the proposed replat abuts two County roads. 3. All buildings proposed shall meet all of the criteria established in the LB (Limited Business District) of the Eagan City Code. 4. All other City ordinances shall be adhered to. 5. The plat shall be subject to the new commercial/industrial park dedication requirements. 6. A detailed grading and erosion control plan shall be submitted to the Engineering Department for approval. 7. If the public improvements are to be constructed privately, the plans and speifications shall be prepared by a registered engineer and sub- mitted to the Engineering Department for approval. B. The minimum width for the public street shall be 34 feet. The minimum width for the private drive shall be 28 feet and the minimum diameter of the cul-de-sac shall be 47 feet. 9. The private road shall be dedicated as an easement for utility purposes. 10. Adequate utility easements shall be dedicated as required by this report. 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 related to internal public improvements shall be the sole responsibility of this development. Those in favor were Wilkins, Turnham, and Krob. Those against were McCrea and Mulrooney. As McCrea stated, the 1/2 acre lots are too small and the entrances and exits could cause congestion, together with the fact that there is no general architectural theme. 2 t Id, J APC Minutes July 26, 1983 Ll LEVI HEUER - WAIVER OF PLAT APPLICATION 0 The next public hearing concerned the application of Levi Heuer for waiver of plat for Lot 8, Auditor's Subdivision No. 42 located on County Road 030. Mr. Runkle explained the proposal and noted that the City Council had acted to approve the application and asked that the information be submitted to the Planning Commission. The staff had requested that a plat overlay be included to show future development of the parcel. After discussion, McCrea moved, Wilkins seconded the motion to recommend approval of the application for variance to the waiver of plat to create a new homestead site on the 3.93 acre parcel, subject to the following: 1. The property cannot be further subdivided until sewer and water are available to the site. 2. The applicant shall locate the house and trailer and proposed garage in accordance with the overlay for future plan, in order that when utilities are available, the applicant can maximize the land use of the site. 3. The area shall be included with the platting of the property either to the east or to the west when this area is further subdivided. All voted yes. TOLLEFSON BUILDERS - VARIANCE - BRITTANY 4TH ADDITION The hearing on the application of Tollefson Builders for 5 foot variance for side yard setback for Lots 14, Block 1, Brittany 4th Addition was convened by the Chairman. The variance was for garage attached to the dwelling unit and Mr. Runkle explained the application. There were no objections but members indicated there was no showing of hardship and this was intended as a smaller lot. Another variance had been granted in the general area because of a survey error. Hall moved, Mulrooney seconded the motion to recommend denial because of lack of hardship shown. All voted yes. SUNSET 3RD ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Tri -Land, Inc. and Bradley J. Swenson to rezone approximately 5 acres from A (Agricultural) to R-1 (Residen- tial Single District) and for preliminary plat approval of Sunset 3rd Addi- tion, containing 5 acres and 7 single family lots was convened by Chairman Charles Hall. After explanation of the application by Mr. Runkle, it was noted that Lot 7 is the homestead of the current property owner and would remain intact. The lots all conform, with the minimum frontage and square 3 0 APC Minutes July 26, 1983 F footage requirements and noted that Lot 7 would not be easily subdividable. He stated that a neighborhood meeting had been held and there are no objec- tions from surrounding property owners. Wilkins moved, Krob seconded the motion to recommend approval of the application, for rezoning from A (Agri- cultural) to R-1 (Residential Single District). All voted yes. Then Wilkins moved, Mulrooney seconded the motion to recommend approval of the application for preliminary plat approval, subject to the following conditions: 1. No variances shall be allowed for side yard setbacks except for topographic or vegetation reasons. 2. The plat shall be subject to the Park Commission's review for park dedication. 3. A development agreement.shal1 be entered into and signed by the applicant prior to final plat application. 4. If streets and utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer in accordance with City standards. 5. In addition to typical utility and drainage easements, a 20 foot utility easement shall be dedicated over the common lot line between Lots 3 and 4, and an easement of sufficient width over the westerly portion of Lot 7 Iwill also be dedicated for storm sewer. 6. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. 7. All costs associated with extending the existing Golden Meadow Road and the utilities within Golden Meadow Road and also the internal street and utilities shall be the sole responsibility of this development. All voted in favor. NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT The hearing regarding the application of National Advertising Company for conditional use permit for outdoor advertising sign in the South 1/2 of the Southwest 1/4 of Section 18, within the railroad right-of-way and 20 feet northeasterly of the northbound right-of-way of Cedar Freeway was next con- vened by the commission. Mr. Runkle introduced the application and made some detailed comments concerning advertising signs and the current ordinance covering advertising signs in the City. He noted there are two applications that will be heard during the current meeting within 125 feet of each other, and the fact that the current application is within 25 feet of the center line of the railroad right-of-way. Cross sections and diagrams of the proposed sign were submitted and reviewed. There was a question as to whether the railroad is zoned and it appeared that there is Light Industrial zoning on each side of the rail road in that location. 4 0 APC Minutes July 26, 1983 0 It was further stated by Mr. Runkle that a permit was issued by the Eagan City Council for a sign in that location in June of 1977 and the permit has been renewed annually by the City and fees have been paid. A lease has been signed for the location and a sign was issued to allow for a 250 square foot sign, so therefore, a proposal for a 672 square foot sign exceeds the square footage. The height of the sign is 20 feet above the road level or 55 feet above lot level and the ordinance provisions were reviewed. Ralph Linvill, owner of the land directly to the north of the road right-of-way appeared and had concerns as to whether his parcel would be pre-empted from the location of signs and also objected that the railroad right-of-way was not zoned and whereas his property is zoned Light Industrial. His parcel is 4.4 acres with approximately 450 feet of frontage on new Cedar Avenue. Also, Julianne Bye of Naegele Outdoor Advertising Co. was present. It was noted that the Linvill property would be affected by the sign restrictions under the City Ordinance. Mr. Jerry Oster appeared for the applicant and stated that the reason for the sign located 20 feet above the roadway was for visibility and further, that the sign size of 14 feet by 48 feet was designed for visibility and exposure for advertisers. Krob suggested that the staff meet with the affected applicants to attempt to work out the resolution of the sign issues in the area. Member Wold appeared at the meeting at this time. Chairman Hall stated that the.Sign Ordinance perhaps should be changed to provide for setbacks from the edge of property lines and also the discretion concerning the height be defined more clearly in the ordinance. It was noted that there was no direct benefit to the City for the larger sign face. Hall moved, Mulrooney seconded the motion to recommend approval of the application, upon the condition that the sign will conform with the maximum square footage under the Ordinance, but that the height be approved at 55 feet with 20 feet above the road level. It was also suggested that the Linvill property be granted a permit for a free-standing ground sign in the event that such an application is submitited. All voted in favor except Wold who abstained. NATIONAL ADVERTISING COMPANY - CONDITIONAL USE PERMIT The hearing regarding the application of National Advertising Company for conditional use permit for an outdoor advertising sign in the Northeast 1/4 of the Northeast 1/4 of Section 3, being 340 feet north of the north edge of Eagandale Blvd., along the west line of the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way was convened. Mr. Runkle, again introduced the application and indicated that the square footage requested was above the ordinance maximum square footage allowed. He displayed the drawings that were submitted by the applicant and there were no objections. Member McCrea ex- pressed the potential concerns that neighboring owners would have under the ordinance. Hardship was noted to be economic and member Mulrooney was con - 5 0 APC Minutes July 26, 1983 40 cerned also about exceeding the limits of the ordinance provisions. Krob was concerned about the unlimited permission for the sign and suggested a time limit for the start of construction. Hall moved, Mulrooney seconded the motion to recommend approval of the application, to require that the sign be no larger than the maximum square footage permitted under the ordinance, and further, that construction be commenced within one year of approval of the application by the City Council. All voted yea. NAEGELE OUTDOOR ADVERTISING SIGN - CONDITIONAL USE PERMIT The hearing covering the application of Naegele Outdoor Advertising Sign Co. for conditional use permit for outdoor advertising sign in the Southeast 1/4 of the Southwest 1/4 of Section 18, at the southwest quadrant of Nichols Road and railroad right-of-way, was presented to the Planning Commission. Mr. Runkle presented the background of the application and noted that the sign will be 150 feet south of the center line of the rail road right-of-way on private property. Julianne Bye of Naegele was present and stated that she understood that her application was submitted before that of National in the same area. The poster panel on old .Cedar Avenue will be removed by the applicant and it would rebuild a new sign along New Cedar. She noted that an application had been submitted by Naegele in 1981 and had been denied by the City Council. She also stated that Naegele now has a new advertising sign size and requested that it exceed the maximum size limitation in order to communicate better with the moving vehicles. She stated that the size was based on an extensive study of the issue. Two feet on top of the sign is provided for extended advertising space which is not always used, but could contain logo or figures. The sign would be located 125 feet from the proposed National Advertising Sign permit location and it was noted that the applica- tion is subject to the 1,000 foot lineal setback from other existing adver- tising signs on the same side of the street. The variance would then be required for the size and also distance from permitted advertising location. Mulrooney moved, Krob seconded the motion to recommend denial for the following reasons: 1. That another permit had been issued for National Advertising Company within the restricted 1,000 feet from the current location proposed by the applicant. 2. That the sign would exceed the maximum square footage allowed under the Eagan Ordinance. - All voted yes. 9 0 APC Minutes July 26, 1983 40 LAOKKA-BECK EAGAN - REZONING OR AMENDMENT TO PLANNED DEVELOPMENT AND PRELIMINARY PLAT The hearing regarding the application of Laukka-Beck and Minnesota Jockey Club for rezoning or amendment to the planned development and for preliminary plat approval of Laukka-Beck Eagan in part of Section 1, south of proposed I- 494 was presented to the Planning Commission. The hearing commenced at 9:20 p.m. Runkle reviewed the applications briefly and noted that the Dayton - Hudson Corporation had purchased the property in the early 1970's and it was proposed for a regional shopping center. In 1977, it was proposed as a stadium site location and Laukka-Beck has purchased the property from Dayton - Hudson Corporation. Peter Jarvis of B.R.W. and several other representatives for the appli- cant were present, including representatives of the Minnesota Jockey Club. He stated that Laukka-Beck has owned the property for about 5 years and there have been several site reviews of the location. The parcel contains 450 acres and 240 acres are intended for the race track facility and the remaining 210 acres for retail office and office showroom purposes. Mr. Jarvis reviewed a number of diagrams and schematics, including the transportation plan, vegeta- tion display, soils, slopes, drainage, height of the parcels, site forces, utilities, proposed public utilities and private utilities, zoning, comprehen- sive guide land uses, and proposed layouts for the project. The architect for the project from Setter, Leach and Lindstrom, Architects, gave a brief review of the architectural characteristics of the project, including a description of the proposed race track facility. It was noted there was two designated DNR wetlands and storm sewer adjoins the property at the southwest. Also water and sanitary sewer layouts were presented and reviewed. Mr. Jarvis stated that the EAW will be completed in about 10 days and further indicated the trip generation and full development would be about 38,000 vehicles per day, in and out of the site. There would be about 5,600 vehicles per day on the race track site. Phase One would cover the race track facilities and other phases were also described by Mr. Jarvis, with development moving from the southwestern portion northerly, and to the northeasterly portion of the project. He also indicated Highway 11149 is scheduled to be completed in the fall of 1984 and I- 494 from 1155 to 11149 in the fall of 1985 with the balance of I-494 to Highway 11110 scheduled to be open in the fall of 1986 or spring of 1987. He further stated that the schedule of the Minnesota Racing Commission is to pick a site in January of 1984 and grading could then begin by February of 1984 if this site is selected amongst the 7 sites that are now being proposed. The opening would be scheduled for 1985 and a 60 -day race -track season from June 15 through August 15 would be proposed with expansion to three to four months possible. Mr. Jarvis also stated that 1,400 to 1,600 young people could be employed at the race track during the season. 7 E APC Minutes July 26, 1983 0 Mr. Runkle stated that the City could negotiate with the owners con- cerning a lower use in the event of default of the planned development agree- ment, and other possibilities would be provided. The race track would be regulation size with a grandstand having a capacity for 7,500 people with the prospect of increasing the size to 15,000 persons. The parking area would include 4,100 parking spaces for the race track with an overflow parking of 3,630. It is expected that the persons attending a normal racing day would be in the neighborhood of 7,000 to 8,000 people with major events generating 15,000 to 20,000 persons. About 800 horses could be stabled in the racing facility, and 8 large horse barns with expansion capability to 14 to 15 barns. Fencing would be provided completely around the storage or off-track area and there would be internal security for the horses. A number of neighboring property owners were present, including Karen Flood, who asked about parking and was told that all parking would be on site. The races would be run between 3:00 p.m. and 6:00 p.m., but could expand those hours. Tax increment financing would be proposed for the race track facility, and also industrial revenue bonding. Questions from the audience included assessments, time frame for utility installation, fire and ..a police protection and street construction. There would be on-site security j1 and fire suppression that is being planned and it was also noted that the proposal would contain less density than already approved for the site under the planned development. There were questions concerning the benefits to Eagan, and Mr. Hedges stated that there are many issues yet to be studied. A member of Lone Oak Lutheran Church was present and objected to the location of the race track. There were also objections concerning the potential for increased crime and possible reduction in property values in the area. Member Wold stated the following concerns and requested further informa- tion: 1. The site is a prime real estate location and he suggested study concerning the relative tax return for the race track facility as opposed to other retail and office uses. 2. As to increases in job, he stated that jobs would be of a temporary nature, whereas other uses would be on a full -year basis. 3. As to needs of community, he suggested a determination be made as to whether further office and retail space will be needed in the area. 4. As to impact on the community, he requested that statistics be acquired concerning possible increase in crime rates, the fire and police impact, crowd control issues, etc. 5. Are there other potential uses for the site? D 0 APC Minutes July 26, 1983 0 6. What types of increased services will the community need to provide for the installation of such a racing facility? 7. Should there be a specific time limit on the commencement of the planned development, and completion of phases of the PUD? 8. Park dedication should be addressed clearly and prior to the approval of such a project. Member Wilkins then cited the following concerns that she had: 1. Timing. If the proposal of the Minnesota Race Commission is to determine a site by January 1, 1984, then the application must move through the City on a rapid basis. 2. She asked whether the State Commission would run the track, and the answer was that the private owners would be licensed and the State would only regulate and potentially collect a tax. 3. She was concerned about reversion of the zoning if the planned development does not proceed according to the stages in the agreement. Member McCrea cited the following concerns that she had: 1. She suggested that the Eagan property owners in favor of the pro- posal submit reasons why they favored the project. 2. She asked for more specific information concerning the timing for the completion of the major roads in the area. 3. She recommended that staff members be authorized to investigate other sites around the Country where race track facilities are in operation and report back to the Planning Commission and Council. Mr. Krob cited the following concerns: 1. He suggested that the City compare the proposed racing facility with a similar facility in other areas of the Country. 2. He was concerned about the impact on fire and police protection. 3. The health, welfare and safety of the people in the City should be of primary importance. 4. He stated he was not certain that the race track facility is the best use and possibly more revenue would be produced from other uses on the same site. Gi 0 APC Minutes July 26, 1983 Member Mulrooney expressed the following concerns: i7 1. He stated more information is needed in order to make a reasonable decision or recommendation on the project. 2. He was interested in knowing why some residents in the area favored the project. 3. After questioning, he was told that the Jockey Club will own and operate and all of the owners of the Minnesota Jockey Club will be Minnesota residents. 4. In response to a question concerning the time frame for the develop- ment of the balance of the property, he was told that the 210 acres of office retail construction should be completed in 8 to 10 years. Chairman Hall made the following comments: 1. He said in all likelihood the project would not be developed as a regional shopping center as originally planned because of the other existing regional shopping centers in the metropolitan area. 2. He stated that the mixed uses would provide for about 2,500,000 square feet of space with possibly $250,000,000.00 in development. 3. The Park dedication issue must be addressed and resolved prior to approval of the application. 4. He also stated that prior to approval, the City should be given a complete resume' of the rest of the persons who will be involved in the Minnesota Jockey Club and the development and operation. 5. He stated that the social implications are not an issue for the Advisory Planning Commission, but other members stated that social issues clearly are involved in the decision making process by the Planning Commission. The Planning Commission members discussed the timing for action upon the application and Steve Pflaum, the President of the Jockey Club, who was present, stated that he realized that the Planning Commission would not be acting until it had additional informtion at its August meeting. At 12:05 p.m. Mulrooney moved, Turnham seconded the motion to continue the application until the regular Advisory Planning Commission meeting of August 23, 1983 noting that the Planning Commission members had requested extensive information to be submitted by the staff and asked that the staff submit the information to the Planning Commission about one week prior to the meeting. All voted in favor. 10 APC Minutes July 26, 1983 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. All voted in favor. PHH L Secretary 11