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09/27/1983 - City Council RegularMINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA SEPTEMBER 2T, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 27, 1983 at 7:00 o'clock p.m. at the Eagan City Hall. Those present were Chairman Hall, Members, Wilkins, Krob, Wold and Bohne. Absent were Turnham, McCrea and Mulrooney. Also present were.City Planner Runkle, Assistant City Engineer Hefti, and City Attorney Keller. AGENDA Upon motion by Wilkins, seconded Krob, it was resolved that the Agenda be approved with the understanding that agenda item IV. I. consisting of the Gabbert Development application for preliminary plat of Westbury has been continued to the October meeting. All voted in favor. August 23, 1983 - Regular Meeting. Upon motion by Hall, seconded -Wilkins, it was resolved that the Minutes be approved as distributed. All voted yes. Q.S. HOMES CORPORATION - REZONING AND PRELIMINARY PLAT A public hearing concerning the application of U. S. Homes Corporation for rezoning from R-2 (Residential Double District) to R-1 PD (Residential Single District - Planned Development) to allow deviations from R-1 zoning standards for Lots ,1 through 12, Block 1, Ridgecliffe 4th Addition in Section 32 and for preliminary plat of those lots as Ridgecliffe 7th Addition was then convened by the chairman. After a brief presentation by City Planner Runkle, the applicant was asked to respond. Mr. John Musser was present with E.W. Fierke and Chuck Winden, and advised the Commission that conditions had been worked out with the Homeowners Association that would be impacted by the project and indicated that the developer was using an aluminum exterior appli- cation as opposed to the redwood initially intended. A representative of the Homeowners Association advised the Commission that the Association whole- heartedly endorsed the development with the terms that had been worked out with the developer. Wilkins moved,.Krob seconded the motion to recommend approval of rezoning from R-2 (Residential Double District) to R-1 PD (Resi- dential Single Family District - Planned Development). All voted in favor. Wilkins moved, Bohne seconded the motion to recommend approval of the preliminary plat, Ridgecliffe 7th Addition consisting of 2.16 acres and con- taining 10 small single family lots located on Lots 1 through 12, Block 1, Ridgecliffe 4th Addition, Section 32, subject to the following conditions: 1 0 APC Minutes September 27, 1983 ;s P 1. Detailed grading, drainage and erosion control plans shall be sub- mitted and approved by City staff. 2. The applicant shall vacate the appropriate easements and establish new easements in accordance with the new submitted plans. 3. The copy of revised covenants shall be submitted, reviewed and approved by City staff and recorded with each of the newly created, smaller single family lots. 4. Any utilities which must be relocated shall be at the sole expense of the developer. 5. All other City ordinances shall be adhered to. 6.. A planned development agreement and development contract shall be prepared and signed by the developer. All voted in favor. UN YOUNG YI - CONDITIONAL USE PERMIT Chairman Hall convened the public hearing concerning the application for conditional use permit to allow a Chinese carryout food facility at Silver Bell Shopping Center, Lot 1, Block 1, Eagan Metro Center, Section 17. City Planner Runkle described the proposed facility and its applicability in this particular area and the precedent set by Charkist. During this discussion, the Commission was advised that all landowners within 350 feet had been noti- fied and that compliance with Uniform Building Code would be a requirement of the conditional use permit. The applicant was advised .that the matter would be heard before the Council on October 18, 1983. Krob moved, Bohne seconded the motion to recommend approval of the application, subject to the following conditions: 1. The applicant adhere to all other City Code requirements and obtain building permits when necessary for the conversion of this bay for a carryout facility. All voted in favor. 2 APC Minutes. September 27, 1983 ALAN VOGEN - CONDITIONAL USE PERMIT The public hearing concerning the application of Dr. Alan Vogen for a conditional use permit to allow an animal clinic within a neighborhood busi- ness district located in part of Lot 2, Block 1, Hilltop Plaza was then convened by the Chairman. City Planner Runkle presented the application indicating that an animal clinic could be allowed within an NB District if no kenneling were allowed overnight. The applicant, Dr.Vogen, was present to address questions and indicated that hours of operation would be 9:00 a.m. to 6:00 p.m. Bohne moved, Wold seconded the motion to recommend approval of the application subject to the following conditions: 1. There shall be no kenneling of animals overnight in this facility. 2. There shall be no outside use for kennels or runs with this facility. All voted yea. DAVID JOHNSON & ASSOCIATES, INC. - WAIVER OF PLAT The Chairman convened the public hearing concerning the application for waiver of plat by David Johnson & Associates; Inc. for a duplex lot, Lot 2,, Block 5, Vienna Woods. City Planner Runkle presented the application and "Y -described the split requested as being a split of a duplex lot to allow individual ownership similar to two splits already approved in Vienna Woods. It was indicated there would probably be 12 more duplex lot splits in the future and the Commission discussed the possibility of ordinance or policy change to allow these types of"splits without public hearing. Bohne moved, Krob seconded the motion to recommend approval of the application for a waiver of plat in order to divide a duplex lot for separate ownership located at Lot 2, Block 5, Vienna Woods in Section 31, subject to compliance with all other ordinance requirements. All voted yes. JAMS REFRIGERATION CO. - WAIVER OF PLAT The next hearing concerned the application of James Refrigeration Co. for a waiver of plat in order to split Lot 3, Block 1, Hilltop Plaza into two lots located east of Pilot Knob Road and north of Diffley Road in Section 22. Mr. Runkle presented the application to the Planning Commission and stated that the request for the lot split related to the conditional use permit approved for National Child Care Center, Inc, for a day care facility located on a portion of Lot 3• Subdivision or split of the property was a condition imposed by the Commission when the conditional use permit was approved. It was noted that the proposed parcel B on which the day care facility was to be located, was designed to stay within the restriction for 20% lot coverage. There was no proposed use yet for Parcel A. Surveyor Harold Peterson was present and agreed that a temporary trail would be installed along the west side of Parcel A adjacent to Pilot Knob Road. After discussion, Wilkins moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 3. APC Minutes September 27, 1983 1. The waiver of plat shall be reviewed by the Eagan Park Commission and subject to the Park Commission's review and. comment for commercial park dedication. 2. The applicant shall submit all easements as requested by the City Engineer. 3. The waiver of plat application shall be reviewed by the Dakota County Plat Commission, because the lot split abuts County rights-of-way. 4. All other City Code requirements shall be met. ' 5. The developer shall provide an asphalt base temporary trail along Pilot Knob Road, across Parcel A. All voted yea except Hall who abstained. TOLLEFSON BUILDERS, INC. - WAIVER OF PLAT. The next hearing concerned the application of Tollefson Builders, Inc. for a waiver of plat in regard to Lot 3, Block 1, Brittany 4th Addition. City Planner Runkle presented the application indicating that there have been two prior variances due to surveyor errors resulting in the construction of homes which encroached upon side lot setback areas. It was noted in the present case the house was 7 feet from the side lot line. Therefore, it was necessary, to shift the lot line of Lot 3, three feet to the south to meet the setback requirements. However, this created a problem in that the adjacent Lot 2, would then only have 57 feet of width at the front setback line. Therefore, staff had suggested that waiver of plat also add an additional three feet to the south side of Lot 2, reducing the lot width of Lot 1 from 75.25 to 72.25 feet. Bohne moved, Wilkins seconded the motion to recommend approval of the waiver of plat for Lots 1, 2, and 3, of Block 1, Brittany 4th Addition so that side yard setbacks could be met and each lot would have a minimum 60 foot width, subject to the following conditions: 1. Drainage easements shall be reviewed by the Engineering Department to assure that they fulfill all of the requirements for easements requested by the City Engineer, including the granting of new easements and easement vaca- tions where necessary. 2. All other ordinance requirements be adhered to, including all set- back requirements. All voted yea. 4 C APC Minutes September 27, 1983 1 E DEVELOPERS CONSTRUCTION REVISED SITE PLAN/AMENDED DEVELOPMENT CONTRACT A hearing regarding the request from Developers Construction, Loren Spande, for a revised site plan to increase the remaining 8 -unit condominiums to 14 -unit condominiums on Lots 3, 5, and 6, Hilltop Condominiums was convened by the Chairman. City Planner Runkle presented the request as a revised site plan in that a new plat was not required nor were zoning changes necessary. It was indicated that the larger luxury units previously constructed by the developer, had not been selling well in this area. Mr. Spande indicated that he now proposed to construct smaller units of greater number to interest the types of buyers in the market place. It was indicated that the outside of the buildings would not be changed from the original plan, except for the number of garages, and a reduction in the common area courtyard. However, it did appear that there would be an increase in the square footage of living space. Many owners of neighboring single family homes were present to voice their objections arguing that they purchased their .homes partly in reliance on the original plan to construct the smaller number of luxury type units. They also complained of inadequate erosion control and the destruction of trees. The need for additional parking and the increase in traffic were discussed. In addition, the difficulty of erosion control was addressed by Assistant Engineer Hefti. The need for additional parking space was discussed, in- cluding the limiting of access to Hilltop Lane. A motion by Wold for approval, subject to several conditions died for lack of a second. Hall moved, Wilkins seconded the, motion to recommend denial of the revision due to the increase in square footage, contrary to the development contract. All voted yes. It was noted that the.application would be heard by the City Council on October 18, 1983. JAMES B. AND ARVELLA W. HORNE - REZONING Chairman Hall convened the public hearing regarding the application for rezoning 38 acres from A (Agricultural) and R-1 (Residential Single Family District) to 12 acres of NB (Neighborhood Business District) and 26 acres of R-4 (Residential Multiple District) located in Section 21. Mr. Horne was present to provide an in-depth presentation regarding the history of the property, its zoning, the comprehensive plan and the proposals for I -35E. During a very long discussion, it was indicated by the Commission that while Mr. Horne had plans for development, he had not brought before the Commission an application for preliminary plat approval, as was the policy when addressing rezoning applications. It was suggested that with the owner's indication that development was imminent, that requiring submission of an application for preliminary plat, to be addressed in conjunction with the rezoning, would in no way delay development. It was noted by the City Planner that in the past six years he was not aware of any rezoning granted without an accompanying application for preliminary plat. Various members expressed concern that they lacked adequate information for consideration of rezoning. 5 0 0 APC Minutes September 27, 1983 Wilkins moved to continue the application to the October meeting, directing the staff to inventory NH development under the Comprehensive Guide, cor- respond with Mr. John Voss, report on plans for I -35E, report on the status of the property north and south of the development, and to provide conditions in conjunction with a preliminary plat application. Kroh seconded the motion. All voted affirmatively. ZACHMAN HOMES, INC. AMENDMENT TO PD/REVISED PRELD(I4ARY PLAT Chairman Hall convened the public hearing regarding the request of Zachman Homes, Inc. for an amendment to the Cinnamon Ridge Planned Development to allow 27 twin -home buildings on Outlot H, Cinnamon Ridge 3rd Addition instead of the nine 8-plex buildings as originally planned. In conjunction with such an amendment was a preliminary plat application for Cinnamon Ridge 4th, 5th and 6th Additions, consisting of 7.52 acres and containing the 27 twin -home lots (54 dwelling units). City Planner Runkle presented the request indicating that there would be a reduction in density from 72 dwelling units to 54 dwelling units. John Anderson from Zachman Homes was also present to respond to questions. It was indicated that the Homeowners Association would .be responsible for snow removal, architectural control, and exterior building maintenance. Each owner would mow his own lawn, but be subject to assessment by the Homeowners Association with lien rights if the Homeowners Association should have to correct the failure to maintain the lot. There was significant discussion regarding the timing for the construction of Metcalf Drive. Hall moved, Wilkins seconded the motion to recommend amendment of the Cinnamon Ridge Planned Development and reduce the density from nine 8-plex buildings (72 units) to 27 twin -home buildings (54 dwelling units) on Outlot H, Cinnamon Ridge 3rd Addition, with the construction of Metcalf Drive to commence and to proceed expeditiously when not more than 16 units have been constructed. All voted yes. Hall moved, Wilkins seconded the motion to recommend approval of the replat Outlot H, Cinnamon Ridge 3rd Addition as Cinnamon Ridge 4th, 5th, and 6th Additions, subject to the following conditions: 1. Revisions shall be made to the planned development agreement spelling out the changes in the use and density for this particular phase. 2. A development agreement shall be completed and signed prior to the construction of the 4th Addition. 3. Developers shall commence the construction of Metcalf Drive for upon the completion of 16 units, said road to be completed prior to the completion of the development. 11, 0 0 APC Minutes September 21, 1111 4. There shall be a homeowners association established which would control the maintenance of all private drives, snow removal, architectural design and additions, exterior building maintenance and failure of any indi- vidual owner to maintain his lawn. 5. All other City Code requirements such as setbacks, lot coverage, etc, shall be adhered to. 6. All easements as acquired by staff shall be dedicated on the final plat. 7. All utility and street construction shall be in accordance with plans and specifications as approved by City staff. 8. The Metcalf Drive connection shall be constructed as a 28 foot wide street. All voted in favor. PERASANT KNOLL - PRELI) rpARY PLAT WILL STENZEL CONSTRUCTION The hearing regarding the application of Will Stenzel Construction for preliminary plat approval of proposed Pheasant Knoll was brought before the Planning Commission. Mr. Runkle made the presentation in regard to the appli- cation indicating that of the total 18.7 acres purchased by the applicant, 10.1 has been designated for park dedication as part of the Blackhawk Park PUD. The Park Committee had decided to accept this park dedication, including part of Heine Pond and the area around it. This left the developer with 8.6 acres upon which he had requested 120 townhouse units. It was noted that this was above the 6 to 12 units allowed in the R-3 district. Therefore, staff had suggested that a maximum of 103 units could be allowed. Mr. Will Stenzel was present to field questions from the Commission and the many neighbors who were present voicing their concerns regarding the high density use, erosion into Heine Pond, loss of trees, value of the homes to be constructed, and the quality of Heine Pond. After considerable discussion, Krob moved, Wilkins seconded the motion to continue the application to the October meeting to allow the developer to meet with the neighbors and for staff to provide additional information. All voted yea. 7 APC Minutes September 27, 1983 E CENTURY ADDITION - PRELDffNARY PLAT DONALD B. KLOBER - CENTURY 21 REALTY The Chairman convened the public hearing regarding the application of Century 21 Realty and Donald B. Klober for preliminary plat of Century Addi- tion consisting of 5 commercial lots located on Lot 1, Block 2, Fox Ridge Addition. City Planner Runkle presented the application consisting of 3.99 acres zoned NB (Neighborhood Business District) prior to be designated in the Comprehensive Guide Land Use Plan as R-4. Mr. Klober was present and indi- cated that Mr. Sandeen, of the County Highway Department, had advised him that the access proposed on to Yankee Doodle Road was not a problem for the County. It was indicated that the property lacked proper storm sewer drainage. The owner is hoping to have a culvert installed under Yankee Doodle Road when it is upgraded unless drainage facilities are discovered on the property. After discussion, Krob moved, Wilkins seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. A development agreement shall be entered into and signed prior to the application for final plat. 2. Detailed grading, drainage and erosion control plans shall be sub- -mitted and reviewed by City staff prior to final plat application. 3. A detailed landscape plan which should include buffering along the northern edge of the property shall be submitted and reviewed by City staff, and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 4. Adequate rights-of-way approved by the City shall be dedicated for Yankee Doodle Road. 5. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts Yankee Doodle Road. 6. The plat shall be subject to the Park Commission's review and com- ments for park dedication for commercial property. 7. All other City Code requirements shall be adhered to in the con- struction of buildings on the proposed plat. 8. The internal storm sewer system shall be constructed discharging southerly under County Road 28 into CP -2 as the sole responsibility of this development in accordance with approved City plans and specifications. 9. Sanitary sewer and water extensions to service this plat shall be the responsibility of this development in accordance with City approved plans and specifications. 0 0 0 APC Minutes September 27, 1983 10. Access shall be allowed to County Road 28 and access onto Coachman Road shall maintain a 152 foot setback from the centerline of County Road 28, subject to County approval. 11. An additional five feet of right-of-way shall be dedicated for County Road 28. 12. All utility easements as required by staff shall be dedicated on the final plat. 13. Coachman Road must be ordered for upgrading to its ultimate design prior to final plat approval. 14. This development shall assume its trunk area storm sewer assessment liability in accordance with the rates in effect at the time of final plat approval. All voted yes. Upon motion by Wilkins, seconded Wold, it was resolved that the meeting adjourn at 12:25 p.m. All voted yea. DGK Secretary MINUTES OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA SEPTEMBER 2T, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 27, 1983 at 7:00 o'clock p.m. at the Eagan City Hall. Those present were Chairman Hall, Members, Wilkins, Krob, Wold and Bohne. Absent were Turnham, McCrea and Mulrooney. Also present were.City Planner Runkle, Assistant City Engineer Hefti, and City Attorney Keller. AGENDA Upon motion by Wilkins, seconded Krob, it was resolved that the Agenda be approved with the understanding that agenda item IV. I. consisting of the Gabbert Development application for preliminary plat of Westbury has been continued to the October meeting. All voted in favor. August 23, 1983 - Regular Meeting. Upon motion by Hall, seconded -Wilkins, it was resolved that the Minutes be approved as distributed. All voted yes. Q.S. HOMES CORPORATION - REZONING AND PRELIMINARY PLAT A public hearing concerning the application of U. S. Homes Corporation for rezoning from R-2 (Residential Double District) to R-1 PD (Residential Single District - Planned Development) to allow deviations from R-1 zoning standards for Lots ,1 through 12, Block 1, Ridgecliffe 4th Addition in Section 32 and for preliminary plat of those lots as Ridgecliffe 7th Addition was then convened by the chairman. After a brief presentation by City Planner Runkle, the applicant was asked to respond. Mr. John Musser was present with E.W. Fierke and Chuck Winden, and advised the Commission that conditions had been worked out with the Homeowners Association that would be impacted by the project and indicated that the developer was using an aluminum exterior appli- cation as opposed to the redwood initially intended. A representative of the Homeowners Association advised the Commission that the Association whole- heartedly endorsed the development with the terms that had been worked out with the developer. Wilkins moved,.Krob seconded the motion to recommend approval of rezoning from R-2 (Residential Double District) to R-1 PD (Resi- dential Single Family District - Planned Development). All voted in favor. Wilkins moved, Bohne seconded the motion to recommend approval of the preliminary plat, Ridgecliffe 7th Addition consisting of 2.16 acres and con- taining 10 small single family lots located on Lots 1 through 12, Block 1, Ridgecliffe 4th Addition, Section 32, subject to the following conditions: 1 0 APC Minutes September 27, 1983 ;s P 1. Detailed grading, drainage and erosion control plans shall be sub- mitted and approved by City staff. 2. The applicant shall vacate the appropriate easements and establish new easements in accordance with the new submitted plans. 3. The copy of revised covenants shall be submitted, reviewed and approved by City staff and recorded with each of the newly created, smaller single family lots. 4. Any utilities which must be relocated shall be at the sole expense of the developer. 5. All other City ordinances shall be adhered to. 6.. A planned development agreement and development contract shall be prepared and signed by the developer. All voted in favor. UN YOUNG YI - CONDITIONAL USE PERMIT Chairman Hall convened the public hearing concerning the application for conditional use permit to allow a Chinese carryout food facility at Silver Bell Shopping Center, Lot 1, Block 1, Eagan Metro Center, Section 17. City Planner Runkle described the proposed facility and its applicability in this particular area and the precedent set by Charkist. During this discussion, the Commission was advised that all landowners within 350 feet had been noti- fied and that compliance with Uniform Building Code would be a requirement of the conditional use permit. The applicant was advised .that the matter would be heard before the Council on October 18, 1983. Krob moved, Bohne seconded the motion to recommend approval of the application, subject to the following conditions: 1. The applicant adhere to all other City Code requirements and obtain building permits when necessary for the conversion of this bay for a carryout facility. All voted in favor. 2 APC Minutes. September 27, 1983 ALAN VOGEN - CONDITIONAL USE PERMIT The public hearing concerning the application of Dr. Alan Vogen for a conditional use permit to allow an animal clinic within a neighborhood busi- ness district located in part of Lot 2, Block 1, Hilltop Plaza was then convened by the Chairman. City Planner Runkle presented the application indicating that an animal clinic could be allowed within an NB District if no kenneling were allowed overnight. The applicant, Dr.Vogen, was present to address questions and indicated that hours of operation would be 9:00 a.m. to 6:00 p.m. Bohne moved, Wold seconded the motion to recommend approval of the application subject to the following conditions: 1. There shall be no kenneling of animals overnight in this facility. 2. There shall be no outside use for kennels or runs with this facility. All voted yea. DAVID JOHNSON & ASSOCIATES, INC. - WAIVER OF PLAT The Chairman convened the public hearing concerning the application for waiver of plat by David Johnson & Associates; Inc. for a duplex lot, Lot 2,, Block 5, Vienna Woods. City Planner Runkle presented the application and "Y -described the split requested as being a split of a duplex lot to allow individual ownership similar to two splits already approved in Vienna Woods. It was indicated there would probably be 12 more duplex lot splits in the future and the Commission discussed the possibility of ordinance or policy change to allow these types of"splits without public hearing. Bohne moved, Krob seconded the motion to recommend approval of the application for a waiver of plat in order to divide a duplex lot for separate ownership located at Lot 2, Block 5, Vienna Woods in Section 31, subject to compliance with all other ordinance requirements. All voted yes. JAMS REFRIGERATION CO. - WAIVER OF PLAT The next hearing concerned the application of James Refrigeration Co. for a waiver of plat in order to split Lot 3, Block 1, Hilltop Plaza into two lots located east of Pilot Knob Road and north of Diffley Road in Section 22. Mr. Runkle presented the application to the Planning Commission and stated that the request for the lot split related to the conditional use permit approved for National Child Care Center, Inc, for a day care facility located on a portion of Lot 3• Subdivision or split of the property was a condition imposed by the Commission when the conditional use permit was approved. It was noted that the proposed parcel B on which the day care facility was to be located, was designed to stay within the restriction for 20% lot coverage. There was no proposed use yet for Parcel A. Surveyor Harold Peterson was present and agreed that a temporary trail would be installed along the west side of Parcel A adjacent to Pilot Knob Road. After discussion, Wilkins moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 3. APC Minutes September 27, 1983 1. The waiver of plat shall be reviewed by the Eagan Park Commission and subject to the Park Commission's review and. comment for commercial park dedication. 2. The applicant shall submit all easements as requested by the City Engineer. 3. The waiver of plat application shall be reviewed by the Dakota County Plat Commission, because the lot split abuts County rights-of-way. 4. All other City Code requirements shall be met. ' 5. The developer shall provide an asphalt base temporary trail along Pilot Knob Road, across Parcel A. All voted yea except Hall who abstained. TOLLEFSON BUILDERS, INC. - WAIVER OF PLAT. The next hearing concerned the application of Tollefson Builders, Inc. for a waiver of plat in regard to Lot 3, Block 1, Brittany 4th Addition. City Planner Runkle presented the application indicating that there have been two prior variances due to surveyor errors resulting in the construction of homes which encroached upon side lot setback areas. It was noted in the present case the house was 7 feet from the side lot line. Therefore, it was necessary, to shift the lot line of Lot 3, three feet to the south to meet the setback requirements. However, this created a problem in that the adjacent Lot 2, would then only have 57 feet of width at the front setback line. Therefore, staff had suggested that waiver of plat also add an additional three feet to the south side of Lot 2, reducing the lot width of Lot 1 from 75.25 to 72.25 feet. Bohne moved, Wilkins seconded the motion to recommend approval of the waiver of plat for Lots 1, 2, and 3, of Block 1, Brittany 4th Addition so that side yard setbacks could be met and each lot would have a minimum 60 foot width, subject to the following conditions: 1. Drainage easements shall be reviewed by the Engineering Department to assure that they fulfill all of the requirements for easements requested by the City Engineer, including the granting of new easements and easement vaca- tions where necessary. 2. All other ordinance requirements be adhered to, including all set- back requirements. All voted yea. 4 C APC Minutes September 27, 1983 1 E DEVELOPERS CONSTRUCTION REVISED SITE PLAN/AMENDED DEVELOPMENT CONTRACT A hearing regarding the request from Developers Construction, Loren Spande, for a revised site plan to increase the remaining 8 -unit condominiums to 14 -unit condominiums on Lots 3, 5, and 6, Hilltop Condominiums was convened by the Chairman. City Planner Runkle presented the request as a revised site plan in that a new plat was not required nor were zoning changes necessary. It was indicated that the larger luxury units previously constructed by the developer, had not been selling well in this area. Mr. Spande indicated that he now proposed to construct smaller units of greater number to interest the types of buyers in the market place. It was indicated that the outside of the buildings would not be changed from the original plan, except for the number of garages, and a reduction in the common area courtyard. However, it did appear that there would be an increase in the square footage of living space. Many owners of neighboring single family homes were present to voice their objections arguing that they purchased their .homes partly in reliance on the original plan to construct the smaller number of luxury type units. They also complained of inadequate erosion control and the destruction of trees. The need for additional parking and the increase in traffic were discussed. In addition, the difficulty of erosion control was addressed by Assistant Engineer Hefti. The need for additional parking space was discussed, in- cluding the limiting of access to Hilltop Lane. A motion by Wold for approval, subject to several conditions died for lack of a second. Hall moved, Wilkins seconded the, motion to recommend denial of the revision due to the increase in square footage, contrary to the development contract. All voted yes. It was noted that the.application would be heard by the City Council on October 18, 1983. JAMES B. AND ARVELLA W. HORNE - REZONING Chairman Hall convened the public hearing regarding the application for rezoning 38 acres from A (Agricultural) and R-1 (Residential Single Family District) to 12 acres of NB (Neighborhood Business District) and 26 acres of R-4 (Residential Multiple District) located in Section 21. Mr. Horne was present to provide an in-depth presentation regarding the history of the property, its zoning, the comprehensive plan and the proposals for I -35E. During a very long discussion, it was indicated by the Commission that while Mr. Horne had plans for development, he had not brought before the Commission an application for preliminary plat approval, as was the policy when addressing rezoning applications. It was suggested that with the owner's indication that development was imminent, that requiring submission of an application for preliminary plat, to be addressed in conjunction with the rezoning, would in no way delay development. It was noted by the City Planner that in the past six years he was not aware of any rezoning granted without an accompanying application for preliminary plat. Various members expressed concern that they lacked adequate information for consideration of rezoning. 5 0 0 APC Minutes September 27, 1983 Wilkins moved to continue the application to the October meeting, directing the staff to inventory NH development under the Comprehensive Guide, cor- respond with Mr. John Voss, report on plans for I -35E, report on the status of the property north and south of the development, and to provide conditions in conjunction with a preliminary plat application. Kroh seconded the motion. All voted affirmatively. ZACHMAN HOMES, INC. AMENDMENT TO PD/REVISED PRELD(I4ARY PLAT Chairman Hall convened the public hearing regarding the request of Zachman Homes, Inc. for an amendment to the Cinnamon Ridge Planned Development to allow 27 twin -home buildings on Outlot H, Cinnamon Ridge 3rd Addition instead of the nine 8-plex buildings as originally planned. In conjunction with such an amendment was a preliminary plat application for Cinnamon Ridge 4th, 5th and 6th Additions, consisting of 7.52 acres and containing the 27 twin -home lots (54 dwelling units). City Planner Runkle presented the request indicating that there would be a reduction in density from 72 dwelling units to 54 dwelling units. John Anderson from Zachman Homes was also present to respond to questions. It was indicated that the Homeowners Association would .be responsible for snow removal, architectural control, and exterior building maintenance. Each owner would mow his own lawn, but be subject to assessment by the Homeowners Association with lien rights if the Homeowners Association should have to correct the failure to maintain the lot. There was significant discussion regarding the timing for the construction of Metcalf Drive. Hall moved, Wilkins seconded the motion to recommend amendment of the Cinnamon Ridge Planned Development and reduce the density from nine 8-plex buildings (72 units) to 27 twin -home buildings (54 dwelling units) on Outlot H, Cinnamon Ridge 3rd Addition, with the construction of Metcalf Drive to commence and to proceed expeditiously when not more than 16 units have been constructed. All voted yes. Hall moved, Wilkins seconded the motion to recommend approval of the replat Outlot H, Cinnamon Ridge 3rd Addition as Cinnamon Ridge 4th, 5th, and 6th Additions, subject to the following conditions: 1. Revisions shall be made to the planned development agreement spelling out the changes in the use and density for this particular phase. 2. A development agreement shall be completed and signed prior to the construction of the 4th Addition. 3. Developers shall commence the construction of Metcalf Drive for upon the completion of 16 units, said road to be completed prior to the completion of the development. 11, 0 0 APC Minutes September 21, 1111 4. There shall be a homeowners association established which would control the maintenance of all private drives, snow removal, architectural design and additions, exterior building maintenance and failure of any indi- vidual owner to maintain his lawn. 5. All other City Code requirements such as setbacks, lot coverage, etc, shall be adhered to. 6. All easements as acquired by staff shall be dedicated on the final plat. 7. All utility and street construction shall be in accordance with plans and specifications as approved by City staff. 8. The Metcalf Drive connection shall be constructed as a 28 foot wide street. All voted in favor. PERASANT KNOLL - PRELI) rpARY PLAT WILL STENZEL CONSTRUCTION The hearing regarding the application of Will Stenzel Construction for preliminary plat approval of proposed Pheasant Knoll was brought before the Planning Commission. Mr. Runkle made the presentation in regard to the appli- cation indicating that of the total 18.7 acres purchased by the applicant, 10.1 has been designated for park dedication as part of the Blackhawk Park PUD. The Park Committee had decided to accept this park dedication, including part of Heine Pond and the area around it. This left the developer with 8.6 acres upon which he had requested 120 townhouse units. It was noted that this was above the 6 to 12 units allowed in the R-3 district. Therefore, staff had suggested that a maximum of 103 units could be allowed. Mr. Will Stenzel was present to field questions from the Commission and the many neighbors who were present voicing their concerns regarding the high density use, erosion into Heine Pond, loss of trees, value of the homes to be constructed, and the quality of Heine Pond. After considerable discussion, Krob moved, Wilkins seconded the motion to continue the application to the October meeting to allow the developer to meet with the neighbors and for staff to provide additional information. All voted yea. 7 APC Minutes September 27, 1983 E CENTURY ADDITION - PRELDffNARY PLAT DONALD B. KLOBER - CENTURY 21 REALTY The Chairman convened the public hearing regarding the application of Century 21 Realty and Donald B. Klober for preliminary plat of Century Addi- tion consisting of 5 commercial lots located on Lot 1, Block 2, Fox Ridge Addition. City Planner Runkle presented the application consisting of 3.99 acres zoned NB (Neighborhood Business District) prior to be designated in the Comprehensive Guide Land Use Plan as R-4. Mr. Klober was present and indi- cated that Mr. Sandeen, of the County Highway Department, had advised him that the access proposed on to Yankee Doodle Road was not a problem for the County. It was indicated that the property lacked proper storm sewer drainage. The owner is hoping to have a culvert installed under Yankee Doodle Road when it is upgraded unless drainage facilities are discovered on the property. After discussion, Krob moved, Wilkins seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. A development agreement shall be entered into and signed prior to the application for final plat. 2. Detailed grading, drainage and erosion control plans shall be sub- -mitted and reviewed by City staff prior to final plat application. 3. A detailed landscape plan which should include buffering along the northern edge of the property shall be submitted and reviewed by City staff, and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 4. Adequate rights-of-way approved by the City shall be dedicated for Yankee Doodle Road. 5. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts Yankee Doodle Road. 6. The plat shall be subject to the Park Commission's review and com- ments for park dedication for commercial property. 7. All other City Code requirements shall be adhered to in the con- struction of buildings on the proposed plat. 8. The internal storm sewer system shall be constructed discharging southerly under County Road 28 into CP -2 as the sole responsibility of this development in accordance with approved City plans and specifications. 9. Sanitary sewer and water extensions to service this plat shall be the responsibility of this development in accordance with City approved plans and specifications. 0 0 0 APC Minutes September 27, 1983 10. Access shall be allowed to County Road 28 and access onto Coachman Road shall maintain a 152 foot setback from the centerline of County Road 28, subject to County approval. 11. An additional five feet of right-of-way shall be dedicated for County Road 28. 12. All utility easements as required by staff shall be dedicated on the final plat. 13. Coachman Road must be ordered for upgrading to its ultimate design prior to final plat approval. 14. This development shall assume its trunk area storm sewer assessment liability in accordance with the rates in effect at the time of final plat approval. All voted yes. Upon motion by Wilkins, seconded Wold, it was resolved that the meeting adjourn at 12:25 p.m. All voted yea. DGK Secretary