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11/22/1983 - City Council Regular0 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA NOVEMBER 22, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 22, 1983, at 7:00 p.m. at the Eagan City Hall. Present were Member Wold, who chaired the meeting, Members Turnham, Wilkins and Krob and alternate member Mulrooney. Absent were McCrea, Hall, and Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA After the Pledge of Allegiance Wilkins moved, Mulrooney seconded a motion to approve the agenda with the understanding that the application of Dennis Dunn for waiver of plat on Lot 4, Block 5, Wilderness Run 5th Addition will be continued at the request of the applicant. All voted in favor. The minutes of the October 25, 1983, regular meeting were presented and upon motion by Wilkins, seconded Turnham, it was Resolved that the minutes be approved with the exception that on page 2, relating to the Pheasant Knoll preliminary plat, that Member Bohne recommended that when Planned Development density is reduced upon approval of a specific plat, that the entire Planned Development density will be reduced by the number of units reduced for that specific plat. All voted yea. DECEMBER MEETING The regular meeting of the Advisory Planning Commission will be held on December 13, 1983, at the new City Center at 7:00 p.m. instead of the normal date of December 27. A special meeting will be held on Thursday, December 15, at 7:00 p.m. to consider the annual review of planned developments in the City. Chairman Wold also noted that the policy of the Planning Commission is to reserve the right to adjourn at approximately 11:00 p.m. in the event that the agenda items have not been completed at that time for all meetings. 1 40 APC Minutes November 22, 1983 JAMES HORNS AND HORNE DEVELOPMENT CORPORATION REZONING AND PRELIMINARY PLAT The public hearing was convened by the Chairman regarding the application of James and Arvella Horne and Horne Development Corporation for rezoning approximately 38 acres from Agricultural to NB, Neighborhood Business, and R- 4, Residential Multiple in Section 21 and also for preliminary plat approval for Eagan Center. Mr. Runkle stated that the applicants have requested an extension of time because Mr. Runkle's report that was requested by the Plan- ning Commission, dated November 5, 1983, had not been adequately reviewed by the applicants. Mr. and Mrs. Horne were present and Mr. Horne did make some comments including the fact that his planner had not had a chance to review the land use study of the area done by Mr. Runkle and may not be ready for the December 13 meeting. On September 27, 1983, Mr. Horne had made his initial presentation to the Advisory Planning Commission concerning the request for rezoning. Mr. Horne further stated that he felt that the zoning requested is proper and that noise will be a very strong factor in the development of this property. Wilkins moved, Wold seconded a motion to continue the hearing on the applications until January 24, 1983, at 7:00 p.m. at the City Center. All voted yes. Mr. Mulrooney suggested that a review of the noise impact also be included in the study presented to the Planning Commission in January. LARRY PEDERSEN — CONDITIONAL USE PERMIT, BARTON MCGRAY ADDITION The public hearing on the application of Larry Pedersen for a conditional use permit for outside storage on Lot 1, Block 1, Barton McGray Addition, was convened by the Chairman. Mr. Runkle reviewed the application of Mr. Pedersen who was present, together with some consultants. Mr. Runkle stated that the General Business district is designed for heavy uses and that the rental business is a permitted business, but that outside storage requires condi- tional use permits. The proposal is for a 6,300 square foot building with 4,500 square feet of warehouse space for rental equipment and outside storage on the northern portion of the lot adjacent to the Trunk Highway #77 ramp. Six parking spaces will be provided on the outside of the secured storage area and the applicant is proposing a 10 -foot fence including three strands of barbed wire. Landscaping and a 10 -foot green strip are proposed along the Cedar Avenue side and, in addition, the applicant had requested a permit for pylon sign. The staff did not advertise the application for pylon sign and noted that the location proposed would be within the 300 -foot spacing of the Kinney Shoe Store pylon sign, which permit has not been renewed. Mr. Krob suggested that a contact be made with the Kinney Shoe owner concerning re- newal. Mr. Pedersen stated he could move the sign to allow for the 300 -foot spacing on the westerly side of the building. There were concerns about the gravel base on a portion of the parking lot and Mr. Pedersen stated the reason is because of the large cost of blacktopping the entire lot at the present 0 0 APC Minutes November 22, 1983 time. He would apply whatever is necessary to reduce dust. Planning Commis- sion Members recommended monitoring the outside storage parking and also provide for staged blacktopping. Staff indicated that it felt there was adequate parking provided and that advertising for the sign permit application would be required for action on it. Krob moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area will be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel parking area is inadequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six feet high in the storage area. 3. An adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. 5. The conditional use permit for outside storage shall be reviewed annually to determine whether it meets reasonable storage standards. 6. Dust control shall be provided regularly on the Class 5 gravel park- ing area. All members voted in favor. Mulrooney then moved, Turnham seconded the motion to authorize preliminary approval of the pylon sign as requested pro- vided that it conforms with the provisions of the sign ordinance, including the 300 -foot spacing from existing pylon sign, and subject to submission of an application and final approval by the Planning Commission and City Council of the sign permit. All voted yea. NAEGELE OUTDOOR ADVERTISING CO. -- CONDITIONAL USE PERMIT The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H.#13 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 10,6" x 36, sign that, on its normal face, would be 378 square feet but the extended spacing would be 450 square feet. The maximum 3 APC Minutes November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway #13 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be allowed signs, their location, the sizing and specifications for the signs. Ms. Bye stated that she understood that there are locations for about two to five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. SIGNS SSANDARDS AND GUIDELINES Wold moved and Wilkins seconded a motion to recommend to the City Council that. the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number and location of advertising signs. All voted in favor. 4 APC Minutes November 22, 1983 E 0 WESTBURY ADDITION - PRELIMINARY PLAT The public hearing concerning the application of Gabbert Development Company for preliminary plat approval of Westbury Addition in Section 2, south of Wescott Road and east of Lexington Avenue, was convened by Chairman Mike Wold. The proposal is to include 47 acres with 36 twin home lots and 125 single family lots for a total of 197 units. Mr. Runkle introduced the application and Dave Gabbert and Jim Curry were present for the applicant. The property is zoned Planned Development with R-2 usage and the Comprehensive Guide Plan designates R -II near the intersection of Wescott Road and R -I for the balance of the property. No direct access is provided to Lexington Avenue or to Wescott Road from any of the lots. Deviations from lot size and fron- tage are being requested for at least 90 lots below the 12,000 square foot minimum and the minimum lot width would be 60 feet at the front setback line for the single family homes. All twin home lots would exceed the 15,000 square foot minimum. Mr. Gabbert stated that the density would be 2.74 units per gross acre but with the 197 units on 47 acres there would be approximately four units per gross acre less the streets and park of approximately 8.3 acres. The Planned Development requires park dedication of 8.3 acres from the parcel. It was noted that the topography is very rough on the west where 80 - foot lots would be included for single family. Park dedication of a tot lot and trailway along the south line would also be included. The staff recom- mended a second access street to the west from the bubble. The developer recommended only one connection but would install a second if required. Mr. Gabbert stated, however, that the developer would install a 60 -foot street to the west if required. Krob recommended that the proposed trails connect with the City and County trail system. It was noted also that berms would be included along the west side of Lexington Avenue with a variety of architec- tural styles to break the straight street design parallel with Lexington Avenue. Mr. Gabbert stated the single family narrower lots will include homes from the $70,000 to low $80,000 price range, with $90,000 price range for the wider single family lots. Mr. Gabbert also contended that the Planned Development allows for smaller lot sizes whereas the City's position is that all lot sizes must conform unless specifically provided in the Planned Development Agreement. Mr. Gabbert also stated that it is not feasible to conform with minimum lot sizes and sell homes with the current interest rates. Member Wilkins objected to the 150 -foot access road connection to Wescott Road west of Lexington Avenue for safety reasons. Mr. Gabbert also, upon question, indicated that most twin home lots are owner occupied but that there is no guarantee. 5 0 APC Minutes November 22, 1983 0 Upon question, Mr. Runkle stated that there appears to be a one to 1-1/2 year inventory of smaller single family lots and members asked for a more complete inventory concerning residential lots in the City. Mr. Gabbert also stated that the project may be viable if 50% are twin home lots and 50% are 80 -foot minimum lots but the interest rates at the present time do not allow for the sale of duplex lots readily. It was noted also that the access to Wescott Road was moved easterly because there is a 10 -foot strip north of the proposed Westbury Addition not owned by the developer. Mr. Wold and Mr. Turnham indicated that the Planning Commission's concern should not be finan- cial feasibility. Mr. Gabbert stated no other variances would be required other than those included in the application. Member Wold suggested an archi- tectural group be formed to insure continuity of architectural theme and Mr. Gabbert had no objections to the proposal. Krob moved, Turnham seconded a motion to recommend approval of the application subject to preliminary plat approval with 36 twin home lots and 125 single family lots subject to the following: 1. Park dedication shall be met as recommended by the Eagan Park and Recreation Committee and approved by the City Council. 2. The plat shall be subject to Dakota County Plat Committee review since it abuts on a County Road (Lexington Avenue). l 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 -foot right-of-way for the development of a trail. 6. A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved by the City Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. 9. No additional variances will be allowed other than those authorized under the application for lot sizes and widths. rl 0 APC Minutes November 22, 1983 10. Access shall be provided to the McCarthy property to the west from the "bubble" on the westerly north -south internal street, with the under- standing that a through street will depend on development to the west. 11. Any costs incurred due to the necessity of the relocation of the Williams Brother pipeline under the Wescott Road access shall be the sole responsibility of this development. 12. A 55 -foot half right-of-way shall be dedicated for Lexington Avenue. 13. All internal easements shall be dedicated in accordance with staff recommendation. 14. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 15. All costs associated with the internal streets and utilities shah be the sole responsibility of this development. 16. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 17. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road installation. All voted yea except Mulrooney who voted no. HILLANDALE ADDITION #2 - PRELD(INARY PLAT The hearing regarding preliminary plat approval of Hillandale 412 was presented to the Planning Commission. Mr. Runkle reviewed the application indicating 12.58 acres containing approximately 125 dwelling units. It con- sists of a replat of a portion of the previously platted Hillandale Addition #1 located east of Blackhawk Road, north of Diffley Road. The zoning is R-4 and it was also noted that MnDOT has widened the I -35E which creates less depth for the lots adjacent to the I -35E ramp. It is proposed to cul-de-sac Meadowlark Lane on the north and that private drives be installed throughout the development. Eighteen percent lot coverage is provided and the setbacks between units appear to conform. The setback from I -35E, however, requires review by MnDOT and setback variances would be required for nearly all build- ings adjacent to I -35E. Greg DuMonceaux, architect, appeared as did a repre- sentative of the applicant. Mr. DuMonceaux indicated there is a spine circu- lation throughout from Blackhawk on the south to Meadowlark Road on the north as provided on private streets. He stated that a meeting had been held with MnDOT officials indicating that MnDOT would not object to the setback of the buildings proposed and indicated that the setbacks would be entirely within the City control. Twenty to 30 foot berms would be installed adjacent to the off ramp by MnDOT. 7 0 APC Minutes November 22, 1983 0 Karen Johnson, the president of Meadowlark Ridge Homeowners Association 111 and Maurice McKay, president of Meadowlark Ridge Homeowners Association #2, were present as were other owners in the immediate area. They indicated that a meeting had been held with the developer on November 21 and that a response to the proposal had not been completed. Ms. Jensen read a position statement and submitted written objections to the Planning Commission. She stated that no official notice had been received by the 100 families in the projects and they only were recently notified of the proposal. Objections cited included lack of contribution to the quality of living, security problems, safety problems due to the increase in the use of Meadowlark Road, adverse affect on equity of the existing owners in Hillandale, there would not be adequate Dark and recreation area and there would be excessive noise and congestion created by the proposal. Harry Baker, an adjoining resident in Meadowlark #2, objected to private roads which he stated would increase safety problems with 125 units. He had concerns about whether the vegetation and terrain will be maintained and suggested an owner -occupancy provision in the governing title documents and further recommended provisions for open space. Hugh Stewart appeared and had concerns about school children having access to school buses on Blackhawk Road. Lynn Keefer also appeared and indicated that the Associa- tions own all buildings and grounds and lease agreements are provided with the Association by all residents. He stated there is not adequate snow removal or parking in the existing development and also noted that even with owner - occupied provisions in Hillandale #2 there are still rental problems that exist. Safety of the children and security of the area are strong concerns and he stated that a homeowners association will not be adequate to control the non-homowner occupied units. It was noted that the reason for private streets is to reduce the right- of-way and setbacks and to create greater density. Upon question, Mr. Hefti indicated that there is generally no control that the City has on maintenance of the private streets. It was noted that not all owners had been notified of the proposal and there had been inadequate review by neighboring property owners or a response to the objections by the developer. Krob moved, Wilkins seconded the motion to continue the hearing to allow a meeting between the developer and the owners, to allow the staff to review the records concerning notice to adjoining property owners, and also requested comments from MnDOT about the proposed building setbacks. All voted in favor. WINDTREE THIRD ADDITION - PRELDIINARY PLAT The application of Windtree Company and Judith Bright for replatting a portion of Windtree 2nd Addition into Windtree 3rd Addition, except Lots 13 and 14, Windtree 2nd Addition, was convened by the Chairman. Windtree 2nd Addition contains 27 family lots and it is proposed to be increased to 31 excluding Lots 13 and 14. In February of 1983 an application had been sub- mitted by Windtree Company to replat and rezone Windtree 2nd Addition to A 0 0 APC Minutes November 22, 1983 create smaller single family lots which the Planning Commission and Cit,; Council denied. Two lots, Lots 13 and 14, have been sold and it was noted that the proposed lots will conform with minimum single family ordinance requirements. The original application was submitted in May of 1979 covering 101 acres including 137 single family lots. The proposal is to increase the number of lots to 169 throughout the balance of the project. No alterations to the streets would be required and the only modification would be some additional curb boxes in the right-of-way to provide services to the newly created lots. Jim Hill and Judith Bright on behalf of Windtree Companies were present as was Jim Gustafson, the developer. The average lot sizes will be changed from 22,000 square feet to 19,500 square feet and the average frontage at the front setback line will be 98 feet. Services can be adjusted according to Mr. Hill. Ms. Bright reviewed the project and indicated that the covenants and restrictions will be retained, that the same price range will continue for the homes and the quality of housing expected in the development will remain. Jeff Gustafson stated that seven of 14 lots are now built on in the first addition and they are generally second and third time home buyers. Other builders will also construct in the 3rd Addition and he felt that there would be no effect on the two lots that have been sold in the 2nd Addition. A representative of :Jest Publishing was also present and expressed concerns that West Publishing will, at some time, expand its plant and recommended that a man made barrier be constructed so that there are no future problems in the event of expansion of the facility. Fred Hauenstein of South Hills appeared and stated that the owners in South Hills Addition generally have no objec- tions to the proposal unless changes occur. Ted Morrison, the owner of Lot 13 indicated that he has started construction of his home and objected to the 15% increase in the number of lots and had understood that there would be no increase in the number of lots in the subdivision when he purchased the lot. Ms. Bright indicated that the intent is to have a better land use and there is no attempt to replat the lots again after the 3rd Addition is approved. It was recommended that all buyers be informed of all potential industrial development to the east. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 0 0 0 APC Minutes November 22, 1983 5. If installed privately, the plans and specifications for the utility services shall be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. 8. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All members voted in favor. 11 Olt NIn i�I�m, YY Upon motion by Krob, seconded Mulrooney, all voting in favor it was Resolved that the meeting adjourn at 11:50 p.m. APC Secretary 10 Qh.1.1 n lJ •SUBJECT TO APPROVAL A SPECIAL MEETING OF THE ADVISORY PLANNING COMMISSION HAGAN, MINNESOTA NOVEMBER 10, 1983 A special meeting of the Advisory Planning Commission was held at the City Hall at 7:00 p.m. Those present were Chairman Hall, Members Krob, Wold and Turnham. Absent were Members Bohne, Wilkins, McCrea and Mulrooney. Also present were Dick Helde from Faegre & Benson, Don Kaysser of Evansen & Dodge, City Administrator Hedges, City Planner Runkle and City Attorney Hauge. Chairman Hall convened the meeting and noted that the Commission had considered a Planned Unit Development Zoning and Preliminary Plat for the Laukka-Beck property, including a proposed race -track facility. This included a 233 acre site for Class A paramutual horse -racing facility proposed by Minnesota Jockey Club, Inc. The following approval of the two applications by the City Council were submitted by the Minnesota Jockey Club requesting that the City Council consider industrial revenue financing in the approximate amount of $26,000,000.00 to construct the grandstand and other related build- ings and also for tax increment financing to cover infra -structure costs, more specifically, utilities, parking, grading, etc. The City has set two public hearings for the November 15, 1983 City Council meeting, first to consider tax increment financing and second, industrial financing for the project. It was noted the Finance Committee has met on three occasions with repre- sentatives of Bond Counsel and Fiscal Representatives, together with City staff persons. Before an application for tax increment financing can be reviewed by the City Council according to Minnesota Statutes, it must be accompanied by a redevelopment plan, a statement of the method proposed for financing the project and the written opinion of the planning agency, if there is one. A Tax Increment Financing Plan, Redevelopment District #1 dated November 15, 1983 has been prepared by Evansen & Dodge, fiscal consultants, and was distributed to the Planning Commission members before the meeting to review the plan in some detail. Mr. Hall stated the main purpose was to determine whether the plan is consistent with the City's Comprehensive Guide Plan. There were no objections to the proposal and after discussion, Turnham moved, Wold seconded the motion to reaffirm the action of the Planning Commission regarding the zoning and the preliminary plat and to issue a written opinion that the plan is consistent with the Eagan Comprehensive Guide Plan and recom- mend for approval to the City Council. All voted in favor. ADJOURNMENT Upon motion by Wold, seconded Krob, it was resolved that the meeting adjourn at 7:15 p.m. All voted yes. Then followed a detailed question and answer period with the consultants, including Steve Pflaum of the Minnesota Jockey Club concerning the proposed tax increment financing and industrial revenue financing for the project. The meeting continued until 9:00 p.m. PHH Secretary 0 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 15, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 15, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Hall, Members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were Krob and Wold. Dale Turnham has submitted his resigna- tion to the City Council indicating he will not be a candidate for reappoint- ment to the Advisory Planning Commission. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Bohne moved, Wilkins seconded the motion to approve the Agenda as distri- buted with the continuation of the application of Dennis Dunn for Waiver of Plat and James and Arvella W. Horne and Horne Development Corporation for rezoning and preliminary plat, both until the January 1984 regular meeting. All voted yes. Upon motion by Wilkins, seconded Turnham, it was resolved that the Minutes of the November 22, 1983 meeting be approved. All voted in favor. HILL NDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing concerning the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres containing approximately 125 dwelling units, located in parts of Lot 2, Block 1, and Lots 3 and 4, Block 1, Lot 2, Block 2, and Outlot A, Hillandale No. 1, in Section 20 was convened by Chairman Charles Hall. Mr. Runkle reviewed the application noting that it had been continued from the regular meeting in November with some'questions arising by Planning Commission members and neighbors. Mr. Runkle stated that a meeting had been held between the developer and neighboring property owners without any compromises and proposed changes being made by the applicant. Lynn Keefer, a neighboring resident, appeared for the Hillandale Homeowner's Association No. 1, and stated that the Association still had objections to the proposal. Harry Baker appeared from Association No. 2 and had concerns about the blind intersection at Blackhawk Road, together with other questions. He stated that area resi- dents would prefer an interior park within the development and also objected to private streets being installed. Mr. Hefti stated that the City may re- quire the standard improved street width and it was noted that the private street ,was requested for density reasons. Other neighboring residents 0 APC Minutes December 15, 1983 0 appeared and questioned how an EAW and EIS could be requested because of the noise expected from I -35E. Other objections included the increase in traffic, the water run-off and the potential excessive parking along the streets. Safety of children was another primary issue. In addition, questions arose concerning maintenance of the private street and it was noted that the Home- owner's Association would be required to maintain the street. There were objections to proposed variances for setbacks along the I -35E right-of-way. Maurice McKay, President of the Homeowner's Association No. 2 questioned whether there would be controls on rental of the units. Greg DeManceau, Architect, appeared together with the developer and stated that a maximum of 170 to 180 units could be built but the plan included about 112 units. In addition, they are installing some additional parking stalls. and the developer does not recommend public park within the develop- ment. It was noted that MnDOT has no concern about the setbacks of tha buildings from the right-of-way of I -35E. The City staff recommends a through street for circulation purposes and noted that the northerly cul-de-sac is greater than 500 feet. The staff also recommended a loop near the northwesterly property line, and possibly the fire chief will recommend a loop along the northwesterly property line. Member McCrea was concerned about the possibility of inadequate parking space and it was further noted that a loop street would be of advantage to the residents in the area. In addition, there were questions about the amount of trips gener- ated within the area that would result. Mr. Runkle stated that if no vari- ances are allowed, that the developer could build higher density units within the development. R-3 zoning would allow 7.2 units per acre maximum and it was suggested that the Develpment Agreement control the type of townhouse use. After extended discussion, Mulrooney moved and McCrea seconded the motion to continue the application to the next regular meeting and request that the Developer submit a comprehensive study regarding traffic patterns and trip generation and further that the staff submit a report concerning whether the streets should be private or public streets and whether sidewalks should be recommended. All voted in favor except Bohne and Hall who voted no. PUROLATOR COURIER CORPORATION - CONDITIONAL USE PERMIT The hearing regarding the application of Purolator Courier Corporation for conditional use permit for outside storage to store vehicles for the Courier Service being proposed to be located in Eagandale Industrial Park was then convened by the Chairman. The proposal is to lease the former Warner Hardware Building which is an existing building in Eagandale Park. There is an existing parking area where the vehicles are proposed to be stored and it is the City's understanding that the majority of the truck servicing and dispatching would be done inside the building and a few trucks will be stored outside. Dale Runkle presented the application by describing the request for the permit and the location. There were no questions from the audience. 2 0 0 APC Minutes December 15, 1983 Representatives from Purolator Courier Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDUNARY PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right-of- way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that are recommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3 0 0 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1. and 2, and ,only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the.Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. Water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Calaxie Avenue. Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II land use including 3 to -6 dwelling units per acre. 11 0 0 APC Minutes December 15, 1983 The 73 single family lots would have a minimum 65 foot lot width, and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended that the park be accepted by the City because of its being a self-contained area. !ie stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City. He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested accesz directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request for Park dedication and Mr. Runkle stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, 'Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 5 0 APC Minutes IDecember 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat. 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicated to provide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. All voted in favor except Mulrooney who voted no. Upon motion duly made and seconded, the regular meeting adjourned at 9:40 p.m. PHH Secretary 2 IQHmBs OF A REOOLAR POWUNG OF THE RAGAH ADVISOR! PLANNDE rOParearOR RADAR, KUMCSOTA NDVEMBER 22, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 22, 1983, at 7:00 p.m. at the Eagan City Hall. Present were Member Wold, who chaired the meeting, Members Turnham, Wilkins and Krob and alternate member Mulrooney. Absent were McCrea, Hall, and Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA After the Pledge of Allegiance Wilkins moved, Mulrooney seconded a motion to approve the agenda with the understanding that the application of Dennis Dunn for waiver of plat on Lot 4, Block 5, Wilderness Run 5th Addition will be continued at the request of the applicant. All voted in favor. The minutes of the October 25, 1983, regular meeting were presented and upon motion by Wilkins, seconded Turnham, it was Resolved that the minutes be approved with the exception that on page 2, relating to the Pheasant Knoll preliminary plat, that Member Bohne recommended that when Planned Development density is reduced upon approval of a specific plat, that the entire Planned Development density will be reduced by the number of units reduced for that specific plat. All voted yea. The regular meeting of the Advisory Planning Commission will be held on December 13, 1983, at the new City Center at 7:00 p.m. instead of the normal date of December 27. A special meeting will be held on Thursday, December 15, at 7:00 p.m. to consider the annual review of planned developments in the City. Chairman Wold also noted that the policy of the Planning Commission is to reserve the right to adjourn at,approximately 11:00 p.m, in the event that the agenda items have not been completed at that time for all meetings. 1 APC Minutes November 22, 1983 JAMES BORNE AND WERE DEVELOPMENT COR] REZONING AND PRET DUDIANS PLAT The public hearing was convened by the Chairman regarding the application of James and Arvella Horne and Horne Development Corporation for rezoning approximately 38 acres from Agricultural to NB, Neighborhood Business, and R- 4, Residential Multiple in Section 21 and also for preliminary plat. approval for Eagan Center. Mr. Runkle stated that the applicants have requested an extension of time because Mr. Runkle's report that was requested by the Plan- ning Commission, dated November 5, 1983, had not been adequately reviewed by the applicants. Mr. and Mrs. Horne were present and Mr. Horne did make some comments including the fact that his planner had not had a chance to review the land use study of the area done by Mr. Runkle and may not be ready for the December 13 meeting. On September 27, 1983, Mr. Horne had made his initial presentation to the Advisory Planning Commission concerning the request for rezoning. Mr. Horne further ,stated that he felt that the zoning requested is proper and that noise will be a very strong factor in the development of this property. Wilkins moved, Wold�seoonded a motion to continue the hearing on the applications until January 24, 1983, at 7:00 p.m. at the City Center. All voted yes. Mr. Mulrooney suggested that a review of the noise impact also be included in the study presented to the Planning Commission in January. LAM PEDERSEN — CONDITIONAL USE PERMIT, BANTON MCGRA! ADDITION The public hearing on the application of Larry Pedersen for a conditional use permit for outside storage on Lot 1, Block 1, Barton McGray Addition, was convened by the Chairman. Mr. Runkle reviewed the application of Mr. Pedersen who was present, together with some consultants. Mr. Runkle stated that the General Business district is designed for heavy uses and that the rental business is a permitted business, but that outside storage requires condi- tional use permits. The proposal is for .a 6,300 square foot building with 4,500 square feet of warehouse space for rental equipment and outside storage on the northern portion of the lot adjacent to the Trunk Highway 477 ramp. Six parking spaces will be provided on the outside of the secured storage area and the applicant is proposing a 10 -foot fence including three strands of barbed wire. Landscaping and a 10 -foot green strip are proposed along the Cedar Avenue side and, in addition, the applicant had requested a permit for pylon sign. The staff did not advertise the application for pylon sign and noted that the location proposed would be within the 300 -foot spacing of the Kinney Shoe Store pylon sign, which permit has not been renewed. Mr. Krob suggested that a contact be made with the Kinney Shoe owner concerning re- newal. Mr. Pedersen stated he could move the sign to allow for the 300 -foot spacing on the westerly side of the building. There were concerns about the gravel base on a portion of the parking lot and Mr. Pedersen stated the reason is because of the large cost of blacktopping the entire lot at the present 2 APC Minutes November 22, 1983 time. He would apply whatever is necessary to reduce dust. Planning Commis- sion Members recommended monitoring the outside storage parking and also provide for staged blacktopping. Staff indicated that- it felt there was adequate parking provided and that advertising for the sign permit application would be required for action on it. Brob moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area will be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel parking area is inadequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six feet high in the storage area. 3. An adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. 5. The conditional use permit for outside storage shall be reviewed annually to determine whether it meets reasonable storage standards. 6. Dust control shall be provided regularly on the Class 5 gravel park- ing area. All members voted in favor. Mulrooney then moved, Turnham seconded the motion to authorize preliminary approval of the pylon sign as requested pro- vided that it conforms with the provisions of the sign ordinance, including the 300 -foot spacing from existing pylon sign, and subject to submission of an application and final approval by the Planning Commission and City Council of the sign permit. All voted yea. The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H. 413 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 1016" x 36' sign that, on its normal face, would be 378 square feet but the extended spacing would be 450 square feet. The maximum Cl APC Minutes November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway #13 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be.allowed signs, their location, the sizing and specifications for the signs.. Ms. Bye stated that she understood that there are locations for about two to.five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. SIGNS SrMME0)S AHD GMELnm Wold moved and Wilkins seconded a motion to recommend to the City Council that the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number and location of advertising signs. All voted in favor. 4 APC Minutes November 22, 1983 YffiTRORS ADDITION - FELIHIRM PLAT The public hearing concerning the application of Gabbert Development Company for preliminary plat approval of Westbury Addition in Section 2, south of Wescott Road and east of Lexington Avenue, was convened by Chairman Mike Wold. The proposal is to include 47 acres with 36 twin home lots and 125 single family lots for a total of 197 units. Mr. Runkle introduced the application and Dave Gabbert and Jim Curry were present for the applicant. The property is zoned Planned Development with R-2 usage and the Comprehensive Guide Plan designates R -II near the intersection of Wescott Road and R -I for the balance of the property. No direct access is provided to Lexington Avenue or to Wescott Road from any of the lots. Deviations from lot size and fron- tage are being requested for at least 90 lots below the 12,000 square foot minimum and the minimum lot width would be 60 feet at the front setback line for the single family homes. All twin home lots would exceed the 15,000 square foot minimum. Mr. Gabbert 'stated that the density would be 2.74 units per gross acre but with the 197 units on 47 acres there would be approximately four units per gross acre less the streets and park of approximately 8.3 acres. The Planned Development requires park dedication of 8.3 acres from the parcel. It was noted that the topography is very rough on the west where 80 - foot lots would be included for single family. Park dedication of a tot lot and trailway along the south line would also be included. The staff recom- mended a second access street to the west from the bubble. The developer recommended only one connection but would install a second if required. Mr. Gabbert stated, however, that the developer would install a 60 -foot street to the west if required. Rrob recommended that the proposed trails connect with the City and County trail system. It was noted also that berms would be included along the west side of Lexington Avenue with a variety of architec- tural styles to break the straight street design parallel with Lexington Avenue. Mr. Gabbert stated the single family narrower lots will include homes from the $70,000 to low $80,000 price range, with $90,000 price range for the wider single family lots. Mr. Gabbert also contended that the Planned Development allows for smaller lot sizes whereas the City's position is that all lot sizes must conform unless specifically provided in the Planned Development Agreement. Mr. Gabbert also stated that it is not feasible to conform with minimum lot sizes and sell homes with the current interest rates. Member Wilkins objected to the 159 -foot access road connection to Wescott Road west of Lexington Avenue for safety reasons. Mr. Gabbert also, upon question, indicated that most twin home lots are owner occupied but that there is no guarantee. E APC Minutes November 22, 1983 Upon question, Mr. Runkle stated that there appears to be a one to 1-1/2 year inventory of smaller single family lots and members asked for a more complete inventory concerning residential lots in the City, Mr. Gabbert also stated that the project may be viable if 50% are twin home lots and 50% are 80 -foot minimum lots but the interest rates at the present time do not allow for the sale of duplex lots readily. It was noted also that the access to Wescott Road was moved easterly because there is a 10 -foot strip north of the. proposed Westbury Addition not owned by the developer. Mr. Wold and Mr. Turnham indicated that the Planning Commission's concern should not be finan- cial feasibility. Mr. Gabbert stated no other variances would be required other than those included in the application. Member Wold suggested an archi- tectural group be formed to insure continuity of architectural theme and Mr. Gabbert had no objections to the proposal. Kroh moved, Turnham seconded a motion to recommend approval of the application subject to preliminary plat approval with 36 twin home logs and 125 single family lots subject to the following: 1. Park dedication shall.be'met as recommended by the Eagan Park and Recreation Committee and approved by the City Council. 2. The plat shall be subject to Dakota County Plat Committee review since it abuts on a County Road (Lexington Avenue). 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 -foot right-of-way for the development of a trail. 6. A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved by the City'Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. 9. No additional variances' will be allowed other than those authorized under the application for lot sizes and widths. U R APC Minutes November 22, 1983 10. Access shall be provided to the McCarthy property to the west from the "bubble" on the westerly north -south internal street, with the under- standing that a through street will depend on development to the west. 11. Any costs incurred due to the necessity of the relocation of the Williams Brother pipeline under the Wescott Road access shall be the sole responsibility of this development. 12. A 55 -foot half right-of-way shall be dedicated for Lexington Avenue. 13. All internal easements shall be dedicated in accordance with staff recommendation. 14. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 15. All costs associated with the internal streets and utilities shall be the sole responsibility of .this development. 16. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 17. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road installation. All voted yea except Mulrooney who voted no. BILLA®ALS ADDITION /2 - PRELDUNAEY PLAT The hearing regarding preliminary plat approval of Hillandale #2 was presented to the Planning Commission. Mr. Runkle reviewed the application indicating 12.58 acres containing approximately 125 dwelling units. It con- sists of a replat of a portion of the previously platted Hillandale Addition 01 located east of Blackhawk Road, north of Diffley Road. The zoning is R-4 and it was also noted that MnDOT has widened the I -35E which creates less depth for the lots adjacent to the I -35E ramp. It is proposed to cul-de-sac Meadowlark Lane on the north and that private drives be installed throughout the development. Eighteen percent lot coverage is provided and the setbacks between units appear to conform. The setback from I -35E, however, requires review by MnDOT and setback variances would be required for nearly all build- ings adjacent to I -35E. Greg DuMonceaux, architect, appeared as did a repre- sentative of the applicant. Mr. DuMonceaux indicated there is a spine circu- lation throughout from Blackhawk on the south to Meadowlark Road on the north as provided on private streets. He stated that a meeting had been held with MnDOT officials indicating that MnDOT,would not object to the setback of the buildings proposed and indicated that the setbacks would be entirely within the City control. Twenty to 30 foot berms would be installed adjacent to the off ramp by MnDOT. 7 APC Minutes November 22, 1983 Karen Johnson, the president of Meadowlark Ridge Homeowners Association 01 and Maurice McKay, president of Meadowlark Ridge Homeowners Association 42, were present as were other owners in the immediate area. They indicated that a meeting had been held with the developer on November 21 and that a response to the proposal had not been completed. Ms. Jensen read a position statement and submitted written objections to the Planning Commission. She stated that no official notice had been received by the 100 families in the projects and they only were recently notified of the proposal. Objections cited included lack of contribution to the quality of living, security problems, safety problems due to the increase in the use of Meadowlark Road, adverse affect on equity of the existing owners in Hillandale, there would not be adequate park and recreation area and there would be excessive noise and congestion created by the proposal. Harry Baker, an adjoining resident in Meadowlark 02, objected to private roads which he stated would increase safety problems with 125 units. He had concerns about .whether the vegetation and terrain will be maintained and suggested an ,owner -occupancy provision in the governing title documents and further recommended provisions for open space. Hugh Stewart appeared and had concerns about school children having access to school buses on Blackhawk Road. Lynn Keefer also appeared and indicated that the Associa- tions own all buildings and grounds and leaseagreements are provided with the Association by all residents. He stated there is not adequate snow removal or parking in the existing development and also noted that even with owner - occupied provisions in Hillandale 02 there are still rental problems that exist. Safety of the children and security of the area are strong concerns and he stated that a homeowners association will not be adequate to control the non-homowner occupied units. It was noted that the reason for private streets is to reduce the right- of-way and setbacks and to create greater density. Upon question, Mr. Hefti indicated that there is generally no control that the City has on maintenance of the private streets. It was noted that not all owners had been notified of the proposal and there had been inadequate review by neighboring property owners or a response to the objections by the developer. Krob moved, Wilkins seconded the motion to continue the hearing to allow a meeting between the developer and the owners,. to allow the staff to review the records concerning notice to adjoining property owners, and also requested comments from MnDOT about the proposed building setbacks. All voted in favor. J'P1 MIA 1176711 The application of Windtree Company and Judith Bright for replatting a portion of Windtree 2nd Addition into Windtree 3rd Addition, except Lots 13 and 14, Windtree 2nd Addition, was convened by the Chairman. Windtree 2nd Addition contains 27 family lots and it is proposed to be increased to 31 ;t excluding Lots 13 and 14. In February of 1983 an application had been sub- mitted by Windtree Company to replat and rezone Windtree 2nd Addition to E APC Minutes November 22, 1983 create smaller single family lots which the Planning Commission and City Council denied. Two lots, Lots 13 and 14, have been sold and it was noted that the proposed lots .will conform with minimum single family ordinance requirements. The original application was submitted in May of 1979 covering 101 acres including 137 single family lots. The proposal is to increase the number of lots to 169 throughout the balance of the project. No alterations to the streets would be required and the only modification would be some additional curb boxes in the right-of-way to provide services to the newly created lots. Jim Hill and Judith Bright on behalf of Windtree Companies were present as was Jim Gustafson, the developer. The average lot sizes will be changed from 22,000 square feet to 19,500 square feet and the average frontage at the front setback line will be 98 feet. Services can be adjusted according to Mr. Hill. Ms. Bright reviewed the project and indicated that the covenants and restrictions will be retained, that the same price range will continue for the homes and the quality of housing expected in the development will remain. Jeff Gustafson stated that seven'of 14 lots are now built on in the first addition and they are generally second and third time home buyers. Other builders will also construct in the 3rd Addition and he felt that there would be no effect on the two lots that have been sold in the 2nd Addition. A representative of West Publishing was also present and expressed concerns that West Publishing will, at some time, expand its plant and recommended that a man made barrier be constructed so that there are no future problems in the event of expansion of the facility. Fred Hauenstein of South Hills appeared and stated that the owners in South Hills Addition generally have no objec- tions to the proposal unless changes occur. Ted Morrison, the owner of Lot 13 indicated that he has started construction of his home and objected to the 15% increase in the number of lots and had understood that there would be no increase in the number of lots in the subdivision when he purchased the lot. Ms. Bright indicated that the intent is to have a better land use and there is no attempt to replat the lots again after the 3rd Addition is approved. It was recommended that all buyers be informed of all potential industrial development to the east. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 0 0 APC Minutes November 22, 1983 5. If installed privately, the plans and specifications for the utility services shall be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. 8. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All members voted in favor.'. Upon motion by Krob, seconded Mulrooney, all voting in favor it was Resolved that the meeting adjourn at 11:50 p.m. 10 APC Secretary PHH 0 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA NOVEMBER 22, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 22, 1983, at 7:00 p.m. at the Eagan City Hall. Present were Member Wold, who chaired the meeting, Members Turnham, Wilkins and Krob and alternate member Mulrooney. Absent were McCrea, Hall, and Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA After the Pledge of Allegiance Wilkins moved, Mulrooney seconded a motion to approve the agenda with the understanding that the application of Dennis Dunn for waiver of plat on Lot 4, Block 5, Wilderness Run 5th Addition will be continued at the request of the applicant. All voted in favor. The minutes of the October 25, 1983, regular meeting were presented and upon motion by Wilkins, seconded Turnham, it was Resolved that the minutes be approved with the exception that on page 2, relating to the Pheasant Knoll preliminary plat, that Member Bohne recommended that when Planned Development density is reduced upon approval of a specific plat, that the entire Planned Development density will be reduced by the number of units reduced for that specific plat. All voted yea. DECEMBER MEETING The regular meeting of the Advisory Planning Commission will be held on December 13, 1983, at the new City Center at 7:00 p.m. instead of the normal date of December 27. A special meeting will be held on Thursday, December 15, at 7:00 p.m. to consider the annual review of planned developments in the City. Chairman Wold also noted that the policy of the Planning Commission is to reserve the right to adjourn at approximately 11:00 p.m. in the event that the agenda items have not been completed at that time for all meetings. 1 40 APC Minutes November 22, 1983 JAMES HORNS AND HORNE DEVELOPMENT CORPORATION REZONING AND PRELIMINARY PLAT The public hearing was convened by the Chairman regarding the application of James and Arvella Horne and Horne Development Corporation for rezoning approximately 38 acres from Agricultural to NB, Neighborhood Business, and R- 4, Residential Multiple in Section 21 and also for preliminary plat approval for Eagan Center. Mr. Runkle stated that the applicants have requested an extension of time because Mr. Runkle's report that was requested by the Plan- ning Commission, dated November 5, 1983, had not been adequately reviewed by the applicants. Mr. and Mrs. Horne were present and Mr. Horne did make some comments including the fact that his planner had not had a chance to review the land use study of the area done by Mr. Runkle and may not be ready for the December 13 meeting. On September 27, 1983, Mr. Horne had made his initial presentation to the Advisory Planning Commission concerning the request for rezoning. Mr. Horne further stated that he felt that the zoning requested is proper and that noise will be a very strong factor in the development of this property. Wilkins moved, Wold seconded a motion to continue the hearing on the applications until January 24, 1983, at 7:00 p.m. at the City Center. All voted yes. Mr. Mulrooney suggested that a review of the noise impact also be included in the study presented to the Planning Commission in January. LARRY PEDERSEN — CONDITIONAL USE PERMIT, BARTON MCGRAY ADDITION The public hearing on the application of Larry Pedersen for a conditional use permit for outside storage on Lot 1, Block 1, Barton McGray Addition, was convened by the Chairman. Mr. Runkle reviewed the application of Mr. Pedersen who was present, together with some consultants. Mr. Runkle stated that the General Business district is designed for heavy uses and that the rental business is a permitted business, but that outside storage requires condi- tional use permits. The proposal is for a 6,300 square foot building with 4,500 square feet of warehouse space for rental equipment and outside storage on the northern portion of the lot adjacent to the Trunk Highway #77 ramp. Six parking spaces will be provided on the outside of the secured storage area and the applicant is proposing a 10 -foot fence including three strands of barbed wire. Landscaping and a 10 -foot green strip are proposed along the Cedar Avenue side and, in addition, the applicant had requested a permit for pylon sign. The staff did not advertise the application for pylon sign and noted that the location proposed would be within the 300 -foot spacing of the Kinney Shoe Store pylon sign, which permit has not been renewed. Mr. Krob suggested that a contact be made with the Kinney Shoe owner concerning re- newal. Mr. Pedersen stated he could move the sign to allow for the 300 -foot spacing on the westerly side of the building. There were concerns about the gravel base on a portion of the parking lot and Mr. Pedersen stated the reason is because of the large cost of blacktopping the entire lot at the present 0 0 APC Minutes November 22, 1983 time. He would apply whatever is necessary to reduce dust. Planning Commis- sion Members recommended monitoring the outside storage parking and also provide for staged blacktopping. Staff indicated that it felt there was adequate parking provided and that advertising for the sign permit application would be required for action on it. Krob moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area will be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel parking area is inadequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six feet high in the storage area. 3. An adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. 5. The conditional use permit for outside storage shall be reviewed annually to determine whether it meets reasonable storage standards. 6. Dust control shall be provided regularly on the Class 5 gravel park- ing area. All members voted in favor. Mulrooney then moved, Turnham seconded the motion to authorize preliminary approval of the pylon sign as requested pro- vided that it conforms with the provisions of the sign ordinance, including the 300 -foot spacing from existing pylon sign, and subject to submission of an application and final approval by the Planning Commission and City Council of the sign permit. All voted yea. NAEGELE OUTDOOR ADVERTISING CO. -- CONDITIONAL USE PERMIT The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H.#13 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 10,6" x 36, sign that, on its normal face, would be 378 square feet but the extended spacing would be 450 square feet. The maximum 3 APC Minutes November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway #13 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be allowed signs, their location, the sizing and specifications for the signs. Ms. Bye stated that she understood that there are locations for about two to five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. SIGNS SSANDARDS AND GUIDELINES Wold moved and Wilkins seconded a motion to recommend to the City Council that. the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number and location of advertising signs. All voted in favor. 4 APC Minutes November 22, 1983 E 0 WESTBURY ADDITION - PRELIMINARY PLAT The public hearing concerning the application of Gabbert Development Company for preliminary plat approval of Westbury Addition in Section 2, south of Wescott Road and east of Lexington Avenue, was convened by Chairman Mike Wold. The proposal is to include 47 acres with 36 twin home lots and 125 single family lots for a total of 197 units. Mr. Runkle introduced the application and Dave Gabbert and Jim Curry were present for the applicant. The property is zoned Planned Development with R-2 usage and the Comprehensive Guide Plan designates R -II near the intersection of Wescott Road and R -I for the balance of the property. No direct access is provided to Lexington Avenue or to Wescott Road from any of the lots. Deviations from lot size and fron- tage are being requested for at least 90 lots below the 12,000 square foot minimum and the minimum lot width would be 60 feet at the front setback line for the single family homes. All twin home lots would exceed the 15,000 square foot minimum. Mr. Gabbert stated that the density would be 2.74 units per gross acre but with the 197 units on 47 acres there would be approximately four units per gross acre less the streets and park of approximately 8.3 acres. The Planned Development requires park dedication of 8.3 acres from the parcel. It was noted that the topography is very rough on the west where 80 - foot lots would be included for single family. Park dedication of a tot lot and trailway along the south line would also be included. The staff recom- mended a second access street to the west from the bubble. The developer recommended only one connection but would install a second if required. Mr. Gabbert stated, however, that the developer would install a 60 -foot street to the west if required. Krob recommended that the proposed trails connect with the City and County trail system. It was noted also that berms would be included along the west side of Lexington Avenue with a variety of architec- tural styles to break the straight street design parallel with Lexington Avenue. Mr. Gabbert stated the single family narrower lots will include homes from the $70,000 to low $80,000 price range, with $90,000 price range for the wider single family lots. Mr. Gabbert also contended that the Planned Development allows for smaller lot sizes whereas the City's position is that all lot sizes must conform unless specifically provided in the Planned Development Agreement. Mr. Gabbert also stated that it is not feasible to conform with minimum lot sizes and sell homes with the current interest rates. Member Wilkins objected to the 150 -foot access road connection to Wescott Road west of Lexington Avenue for safety reasons. Mr. Gabbert also, upon question, indicated that most twin home lots are owner occupied but that there is no guarantee. 5 0 APC Minutes November 22, 1983 0 Upon question, Mr. Runkle stated that there appears to be a one to 1-1/2 year inventory of smaller single family lots and members asked for a more complete inventory concerning residential lots in the City. Mr. Gabbert also stated that the project may be viable if 50% are twin home lots and 50% are 80 -foot minimum lots but the interest rates at the present time do not allow for the sale of duplex lots readily. It was noted also that the access to Wescott Road was moved easterly because there is a 10 -foot strip north of the proposed Westbury Addition not owned by the developer. Mr. Wold and Mr. Turnham indicated that the Planning Commission's concern should not be finan- cial feasibility. Mr. Gabbert stated no other variances would be required other than those included in the application. Member Wold suggested an archi- tectural group be formed to insure continuity of architectural theme and Mr. Gabbert had no objections to the proposal. Krob moved, Turnham seconded a motion to recommend approval of the application subject to preliminary plat approval with 36 twin home lots and 125 single family lots subject to the following: 1. Park dedication shall be met as recommended by the Eagan Park and Recreation Committee and approved by the City Council. 2. The plat shall be subject to Dakota County Plat Committee review since it abuts on a County Road (Lexington Avenue). l 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 -foot right-of-way for the development of a trail. 6. A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved by the City Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. 9. No additional variances will be allowed other than those authorized under the application for lot sizes and widths. rl 0 APC Minutes November 22, 1983 10. Access shall be provided to the McCarthy property to the west from the "bubble" on the westerly north -south internal street, with the under- standing that a through street will depend on development to the west. 11. Any costs incurred due to the necessity of the relocation of the Williams Brother pipeline under the Wescott Road access shall be the sole responsibility of this development. 12. A 55 -foot half right-of-way shall be dedicated for Lexington Avenue. 13. All internal easements shall be dedicated in accordance with staff recommendation. 14. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 15. All costs associated with the internal streets and utilities shah be the sole responsibility of this development. 16. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 17. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road installation. All voted yea except Mulrooney who voted no. HILLANDALE ADDITION #2 - PRELD(INARY PLAT The hearing regarding preliminary plat approval of Hillandale 412 was presented to the Planning Commission. Mr. Runkle reviewed the application indicating 12.58 acres containing approximately 125 dwelling units. It con- sists of a replat of a portion of the previously platted Hillandale Addition #1 located east of Blackhawk Road, north of Diffley Road. The zoning is R-4 and it was also noted that MnDOT has widened the I -35E which creates less depth for the lots adjacent to the I -35E ramp. It is proposed to cul-de-sac Meadowlark Lane on the north and that private drives be installed throughout the development. Eighteen percent lot coverage is provided and the setbacks between units appear to conform. The setback from I -35E, however, requires review by MnDOT and setback variances would be required for nearly all build- ings adjacent to I -35E. Greg DuMonceaux, architect, appeared as did a repre- sentative of the applicant. Mr. DuMonceaux indicated there is a spine circu- lation throughout from Blackhawk on the south to Meadowlark Road on the north as provided on private streets. He stated that a meeting had been held with MnDOT officials indicating that MnDOT would not object to the setback of the buildings proposed and indicated that the setbacks would be entirely within the City control. Twenty to 30 foot berms would be installed adjacent to the off ramp by MnDOT. 7 0 APC Minutes November 22, 1983 0 Karen Johnson, the president of Meadowlark Ridge Homeowners Association 111 and Maurice McKay, president of Meadowlark Ridge Homeowners Association #2, were present as were other owners in the immediate area. They indicated that a meeting had been held with the developer on November 21 and that a response to the proposal had not been completed. Ms. Jensen read a position statement and submitted written objections to the Planning Commission. She stated that no official notice had been received by the 100 families in the projects and they only were recently notified of the proposal. Objections cited included lack of contribution to the quality of living, security problems, safety problems due to the increase in the use of Meadowlark Road, adverse affect on equity of the existing owners in Hillandale, there would not be adequate Dark and recreation area and there would be excessive noise and congestion created by the proposal. Harry Baker, an adjoining resident in Meadowlark #2, objected to private roads which he stated would increase safety problems with 125 units. He had concerns about whether the vegetation and terrain will be maintained and suggested an owner -occupancy provision in the governing title documents and further recommended provisions for open space. Hugh Stewart appeared and had concerns about school children having access to school buses on Blackhawk Road. Lynn Keefer also appeared and indicated that the Associa- tions own all buildings and grounds and lease agreements are provided with the Association by all residents. He stated there is not adequate snow removal or parking in the existing development and also noted that even with owner - occupied provisions in Hillandale #2 there are still rental problems that exist. Safety of the children and security of the area are strong concerns and he stated that a homeowners association will not be adequate to control the non-homowner occupied units. It was noted that the reason for private streets is to reduce the right- of-way and setbacks and to create greater density. Upon question, Mr. Hefti indicated that there is generally no control that the City has on maintenance of the private streets. It was noted that not all owners had been notified of the proposal and there had been inadequate review by neighboring property owners or a response to the objections by the developer. Krob moved, Wilkins seconded the motion to continue the hearing to allow a meeting between the developer and the owners, to allow the staff to review the records concerning notice to adjoining property owners, and also requested comments from MnDOT about the proposed building setbacks. All voted in favor. WINDTREE THIRD ADDITION - PRELDIINARY PLAT The application of Windtree Company and Judith Bright for replatting a portion of Windtree 2nd Addition into Windtree 3rd Addition, except Lots 13 and 14, Windtree 2nd Addition, was convened by the Chairman. Windtree 2nd Addition contains 27 family lots and it is proposed to be increased to 31 excluding Lots 13 and 14. In February of 1983 an application had been sub- mitted by Windtree Company to replat and rezone Windtree 2nd Addition to A 0 0 APC Minutes November 22, 1983 create smaller single family lots which the Planning Commission and Cit,; Council denied. Two lots, Lots 13 and 14, have been sold and it was noted that the proposed lots will conform with minimum single family ordinance requirements. The original application was submitted in May of 1979 covering 101 acres including 137 single family lots. The proposal is to increase the number of lots to 169 throughout the balance of the project. No alterations to the streets would be required and the only modification would be some additional curb boxes in the right-of-way to provide services to the newly created lots. Jim Hill and Judith Bright on behalf of Windtree Companies were present as was Jim Gustafson, the developer. The average lot sizes will be changed from 22,000 square feet to 19,500 square feet and the average frontage at the front setback line will be 98 feet. Services can be adjusted according to Mr. Hill. Ms. Bright reviewed the project and indicated that the covenants and restrictions will be retained, that the same price range will continue for the homes and the quality of housing expected in the development will remain. Jeff Gustafson stated that seven of 14 lots are now built on in the first addition and they are generally second and third time home buyers. Other builders will also construct in the 3rd Addition and he felt that there would be no effect on the two lots that have been sold in the 2nd Addition. A representative of :Jest Publishing was also present and expressed concerns that West Publishing will, at some time, expand its plant and recommended that a man made barrier be constructed so that there are no future problems in the event of expansion of the facility. Fred Hauenstein of South Hills appeared and stated that the owners in South Hills Addition generally have no objec- tions to the proposal unless changes occur. Ted Morrison, the owner of Lot 13 indicated that he has started construction of his home and objected to the 15% increase in the number of lots and had understood that there would be no increase in the number of lots in the subdivision when he purchased the lot. Ms. Bright indicated that the intent is to have a better land use and there is no attempt to replat the lots again after the 3rd Addition is approved. It was recommended that all buyers be informed of all potential industrial development to the east. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 0 0 0 APC Minutes November 22, 1983 5. If installed privately, the plans and specifications for the utility services shall be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. 8. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All members voted in favor. 11 Olt NIn i�I�m, YY Upon motion by Krob, seconded Mulrooney, all voting in favor it was Resolved that the meeting adjourn at 11:50 p.m. APC Secretary 10 Qh.1.1 n lJ •SUBJECT TO APPROVAL A SPECIAL MEETING OF THE ADVISORY PLANNING COMMISSION HAGAN, MINNESOTA NOVEMBER 10, 1983 A special meeting of the Advisory Planning Commission was held at the City Hall at 7:00 p.m. Those present were Chairman Hall, Members Krob, Wold and Turnham. Absent were Members Bohne, Wilkins, McCrea and Mulrooney. Also present were Dick Helde from Faegre & Benson, Don Kaysser of Evansen & Dodge, City Administrator Hedges, City Planner Runkle and City Attorney Hauge. Chairman Hall convened the meeting and noted that the Commission had considered a Planned Unit Development Zoning and Preliminary Plat for the Laukka-Beck property, including a proposed race -track facility. This included a 233 acre site for Class A paramutual horse -racing facility proposed by Minnesota Jockey Club, Inc. The following approval of the two applications by the City Council were submitted by the Minnesota Jockey Club requesting that the City Council consider industrial revenue financing in the approximate amount of $26,000,000.00 to construct the grandstand and other related build- ings and also for tax increment financing to cover infra -structure costs, more specifically, utilities, parking, grading, etc. The City has set two public hearings for the November 15, 1983 City Council meeting, first to consider tax increment financing and second, industrial financing for the project. It was noted the Finance Committee has met on three occasions with repre- sentatives of Bond Counsel and Fiscal Representatives, together with City staff persons. Before an application for tax increment financing can be reviewed by the City Council according to Minnesota Statutes, it must be accompanied by a redevelopment plan, a statement of the method proposed for financing the project and the written opinion of the planning agency, if there is one. A Tax Increment Financing Plan, Redevelopment District #1 dated November 15, 1983 has been prepared by Evansen & Dodge, fiscal consultants, and was distributed to the Planning Commission members before the meeting to review the plan in some detail. Mr. Hall stated the main purpose was to determine whether the plan is consistent with the City's Comprehensive Guide Plan. There were no objections to the proposal and after discussion, Turnham moved, Wold seconded the motion to reaffirm the action of the Planning Commission regarding the zoning and the preliminary plat and to issue a written opinion that the plan is consistent with the Eagan Comprehensive Guide Plan and recom- mend for approval to the City Council. All voted in favor. ADJOURNMENT Upon motion by Wold, seconded Krob, it was resolved that the meeting adjourn at 7:15 p.m. All voted yes. Then followed a detailed question and answer period with the consultants, including Steve Pflaum of the Minnesota Jockey Club concerning the proposed tax increment financing and industrial revenue financing for the project. The meeting continued until 9:00 p.m. PHH Secretary 0 0 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 15, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 15, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Hall, Members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were Krob and Wold. Dale Turnham has submitted his resigna- tion to the City Council indicating he will not be a candidate for reappoint- ment to the Advisory Planning Commission. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Bohne moved, Wilkins seconded the motion to approve the Agenda as distri- buted with the continuation of the application of Dennis Dunn for Waiver of Plat and James and Arvella W. Horne and Horne Development Corporation for rezoning and preliminary plat, both until the January 1984 regular meeting. All voted yes. Upon motion by Wilkins, seconded Turnham, it was resolved that the Minutes of the November 22, 1983 meeting be approved. All voted in favor. HILL NDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing concerning the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres containing approximately 125 dwelling units, located in parts of Lot 2, Block 1, and Lots 3 and 4, Block 1, Lot 2, Block 2, and Outlot A, Hillandale No. 1, in Section 20 was convened by Chairman Charles Hall. Mr. Runkle reviewed the application noting that it had been continued from the regular meeting in November with some'questions arising by Planning Commission members and neighbors. Mr. Runkle stated that a meeting had been held between the developer and neighboring property owners without any compromises and proposed changes being made by the applicant. Lynn Keefer, a neighboring resident, appeared for the Hillandale Homeowner's Association No. 1, and stated that the Association still had objections to the proposal. Harry Baker appeared from Association No. 2 and had concerns about the blind intersection at Blackhawk Road, together with other questions. He stated that area resi- dents would prefer an interior park within the development and also objected to private streets being installed. Mr. Hefti stated that the City may re- quire the standard improved street width and it was noted that the private street ,was requested for density reasons. Other neighboring residents 0 APC Minutes December 15, 1983 0 appeared and questioned how an EAW and EIS could be requested because of the noise expected from I -35E. Other objections included the increase in traffic, the water run-off and the potential excessive parking along the streets. Safety of children was another primary issue. In addition, questions arose concerning maintenance of the private street and it was noted that the Home- owner's Association would be required to maintain the street. There were objections to proposed variances for setbacks along the I -35E right-of-way. Maurice McKay, President of the Homeowner's Association No. 2 questioned whether there would be controls on rental of the units. Greg DeManceau, Architect, appeared together with the developer and stated that a maximum of 170 to 180 units could be built but the plan included about 112 units. In addition, they are installing some additional parking stalls. and the developer does not recommend public park within the develop- ment. It was noted that MnDOT has no concern about the setbacks of tha buildings from the right-of-way of I -35E. The City staff recommends a through street for circulation purposes and noted that the northerly cul-de-sac is greater than 500 feet. The staff also recommended a loop near the northwesterly property line, and possibly the fire chief will recommend a loop along the northwesterly property line. Member McCrea was concerned about the possibility of inadequate parking space and it was further noted that a loop street would be of advantage to the residents in the area. In addition, there were questions about the amount of trips gener- ated within the area that would result. Mr. Runkle stated that if no vari- ances are allowed, that the developer could build higher density units within the development. R-3 zoning would allow 7.2 units per acre maximum and it was suggested that the Develpment Agreement control the type of townhouse use. After extended discussion, Mulrooney moved and McCrea seconded the motion to continue the application to the next regular meeting and request that the Developer submit a comprehensive study regarding traffic patterns and trip generation and further that the staff submit a report concerning whether the streets should be private or public streets and whether sidewalks should be recommended. All voted in favor except Bohne and Hall who voted no. PUROLATOR COURIER CORPORATION - CONDITIONAL USE PERMIT The hearing regarding the application of Purolator Courier Corporation for conditional use permit for outside storage to store vehicles for the Courier Service being proposed to be located in Eagandale Industrial Park was then convened by the Chairman. The proposal is to lease the former Warner Hardware Building which is an existing building in Eagandale Park. There is an existing parking area where the vehicles are proposed to be stored and it is the City's understanding that the majority of the truck servicing and dispatching would be done inside the building and a few trucks will be stored outside. Dale Runkle presented the application by describing the request for the permit and the location. There were no questions from the audience. 2 0 0 APC Minutes December 15, 1983 Representatives from Purolator Courier Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDUNARY PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right-of- way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that are recommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3 0 0 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1. and 2, and ,only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the.Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. Water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Calaxie Avenue. Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II land use including 3 to -6 dwelling units per acre. 11 0 0 APC Minutes December 15, 1983 The 73 single family lots would have a minimum 65 foot lot width, and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended that the park be accepted by the City because of its being a self-contained area. !ie stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City. He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested accesz directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request for Park dedication and Mr. Runkle stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, 'Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 5 0 APC Minutes IDecember 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat. 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicated to provide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. All voted in favor except Mulrooney who voted no. Upon motion duly made and seconded, the regular meeting adjourned at 9:40 p.m. PHH Secretary 2 IQHmBs OF A REOOLAR POWUNG OF THE RAGAH ADVISOR! PLANNDE rOParearOR RADAR, KUMCSOTA NDVEMBER 22, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, November 22, 1983, at 7:00 p.m. at the Eagan City Hall. Present were Member Wold, who chaired the meeting, Members Turnham, Wilkins and Krob and alternate member Mulrooney. Absent were McCrea, Hall, and Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA After the Pledge of Allegiance Wilkins moved, Mulrooney seconded a motion to approve the agenda with the understanding that the application of Dennis Dunn for waiver of plat on Lot 4, Block 5, Wilderness Run 5th Addition will be continued at the request of the applicant. All voted in favor. The minutes of the October 25, 1983, regular meeting were presented and upon motion by Wilkins, seconded Turnham, it was Resolved that the minutes be approved with the exception that on page 2, relating to the Pheasant Knoll preliminary plat, that Member Bohne recommended that when Planned Development density is reduced upon approval of a specific plat, that the entire Planned Development density will be reduced by the number of units reduced for that specific plat. All voted yea. The regular meeting of the Advisory Planning Commission will be held on December 13, 1983, at the new City Center at 7:00 p.m. instead of the normal date of December 27. A special meeting will be held on Thursday, December 15, at 7:00 p.m. to consider the annual review of planned developments in the City. Chairman Wold also noted that the policy of the Planning Commission is to reserve the right to adjourn at,approximately 11:00 p.m, in the event that the agenda items have not been completed at that time for all meetings. 1 APC Minutes November 22, 1983 JAMES BORNE AND WERE DEVELOPMENT COR] REZONING AND PRET DUDIANS PLAT The public hearing was convened by the Chairman regarding the application of James and Arvella Horne and Horne Development Corporation for rezoning approximately 38 acres from Agricultural to NB, Neighborhood Business, and R- 4, Residential Multiple in Section 21 and also for preliminary plat. approval for Eagan Center. Mr. Runkle stated that the applicants have requested an extension of time because Mr. Runkle's report that was requested by the Plan- ning Commission, dated November 5, 1983, had not been adequately reviewed by the applicants. Mr. and Mrs. Horne were present and Mr. Horne did make some comments including the fact that his planner had not had a chance to review the land use study of the area done by Mr. Runkle and may not be ready for the December 13 meeting. On September 27, 1983, Mr. Horne had made his initial presentation to the Advisory Planning Commission concerning the request for rezoning. Mr. Horne further ,stated that he felt that the zoning requested is proper and that noise will be a very strong factor in the development of this property. Wilkins moved, Wold�seoonded a motion to continue the hearing on the applications until January 24, 1983, at 7:00 p.m. at the City Center. All voted yes. Mr. Mulrooney suggested that a review of the noise impact also be included in the study presented to the Planning Commission in January. LAM PEDERSEN — CONDITIONAL USE PERMIT, BANTON MCGRA! ADDITION The public hearing on the application of Larry Pedersen for a conditional use permit for outside storage on Lot 1, Block 1, Barton McGray Addition, was convened by the Chairman. Mr. Runkle reviewed the application of Mr. Pedersen who was present, together with some consultants. Mr. Runkle stated that the General Business district is designed for heavy uses and that the rental business is a permitted business, but that outside storage requires condi- tional use permits. The proposal is for .a 6,300 square foot building with 4,500 square feet of warehouse space for rental equipment and outside storage on the northern portion of the lot adjacent to the Trunk Highway 477 ramp. Six parking spaces will be provided on the outside of the secured storage area and the applicant is proposing a 10 -foot fence including three strands of barbed wire. Landscaping and a 10 -foot green strip are proposed along the Cedar Avenue side and, in addition, the applicant had requested a permit for pylon sign. The staff did not advertise the application for pylon sign and noted that the location proposed would be within the 300 -foot spacing of the Kinney Shoe Store pylon sign, which permit has not been renewed. Mr. Krob suggested that a contact be made with the Kinney Shoe owner concerning re- newal. Mr. Pedersen stated he could move the sign to allow for the 300 -foot spacing on the westerly side of the building. There were concerns about the gravel base on a portion of the parking lot and Mr. Pedersen stated the reason is because of the large cost of blacktopping the entire lot at the present 2 APC Minutes November 22, 1983 time. He would apply whatever is necessary to reduce dust. Planning Commis- sion Members recommended monitoring the outside storage parking and also provide for staged blacktopping. Staff indicated that- it felt there was adequate parking provided and that advertising for the sign permit application would be required for action on it. Brob moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area will be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel parking area is inadequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six feet high in the storage area. 3. An adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. 5. The conditional use permit for outside storage shall be reviewed annually to determine whether it meets reasonable storage standards. 6. Dust control shall be provided regularly on the Class 5 gravel park- ing area. All members voted in favor. Mulrooney then moved, Turnham seconded the motion to authorize preliminary approval of the pylon sign as requested pro- vided that it conforms with the provisions of the sign ordinance, including the 300 -foot spacing from existing pylon sign, and subject to submission of an application and final approval by the Planning Commission and City Council of the sign permit. All voted yea. The hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign in the north- east quadrant of Old Cedar Avenue and T. H. 413 was brought before the Plan- ning Commission. Mr. Runkle reviewed the application and indicated that the spacing from other advertising signs conforms with the ordinance provision and the proposal is for a 1016" x 36' sign that, on its normal face, would be 378 square feet but the extended spacing would be 450 square feet. The maximum Cl APC Minutes November 22, 1983 height above grade would be 34 feet. Juliane Bye, on behalf of Naegele, was present and indicated the reason for requesting the sign in excess of the 250 square foot facing allowed by the ordinance is because exposure is required due to the speeds and heavy traffic in the area. There was considerable discussion concerning other Naegele advertising signs throughout the City and it was noted that the sign at Blackhawk and Highway #13 has now been moved with a sign permit authorized between Cliff and Diffley Road on Cedar Avenue in recent months. Mr. Mulrooney suggested that clear and convincing evidence be presented that the sign facing should be allowed in excess of the 250 square feet, and that the larger sign is more effective. Ms. Bye indicated the advertising industry does have standard sign sizes. In addition, there was discussion concerning two other applications for advertising signs on Cedar Avenue and also discussion regarding federal and state law in respect to advertising signs. Chairman Wold suggested that additional guidelines be developed by the City regarding square footage and the criteria that the Planning Commission and Council can use in determining whether the applicants should be.allowed signs, their location, the sizing and specifications for the signs.. Ms. Bye stated that she understood that there are locations for about two to.five more advertising signs in the City because of zoning and spacing requirements. There were also questions as to what benefit the City acquires from advertising signs and the fees received. After a lengthy discussion, Mulrooney moved, Wilkins seconded a motion to recommend to the City Council that the application be denied on the basis of the objec- tions noted above and the following: 1. There were no adequate reasons submitted by the applicant to be entitled to a deviation from the City Ordinance size standards. 2. There were no adequate showing of unique circumstances to allow the increase in size in the current application. 3. The City should not concern itself with economic factors regarding size of signs. All voted yes. SIGNS SrMME0)S AHD GMELnm Wold moved and Wilkins seconded a motion to recommend to the City Council that the City staff prepare standards and guidelines regarding advertising signs within the City to include the following: 1. Conditions for approval of advertising signs to exceed greater than 250 square foot facing. 2. Conditions for advertising signs within the City concerning number and location of advertising signs. All voted in favor. 4 APC Minutes November 22, 1983 YffiTRORS ADDITION - FELIHIRM PLAT The public hearing concerning the application of Gabbert Development Company for preliminary plat approval of Westbury Addition in Section 2, south of Wescott Road and east of Lexington Avenue, was convened by Chairman Mike Wold. The proposal is to include 47 acres with 36 twin home lots and 125 single family lots for a total of 197 units. Mr. Runkle introduced the application and Dave Gabbert and Jim Curry were present for the applicant. The property is zoned Planned Development with R-2 usage and the Comprehensive Guide Plan designates R -II near the intersection of Wescott Road and R -I for the balance of the property. No direct access is provided to Lexington Avenue or to Wescott Road from any of the lots. Deviations from lot size and fron- tage are being requested for at least 90 lots below the 12,000 square foot minimum and the minimum lot width would be 60 feet at the front setback line for the single family homes. All twin home lots would exceed the 15,000 square foot minimum. Mr. Gabbert 'stated that the density would be 2.74 units per gross acre but with the 197 units on 47 acres there would be approximately four units per gross acre less the streets and park of approximately 8.3 acres. The Planned Development requires park dedication of 8.3 acres from the parcel. It was noted that the topography is very rough on the west where 80 - foot lots would be included for single family. Park dedication of a tot lot and trailway along the south line would also be included. The staff recom- mended a second access street to the west from the bubble. The developer recommended only one connection but would install a second if required. Mr. Gabbert stated, however, that the developer would install a 60 -foot street to the west if required. Rrob recommended that the proposed trails connect with the City and County trail system. It was noted also that berms would be included along the west side of Lexington Avenue with a variety of architec- tural styles to break the straight street design parallel with Lexington Avenue. Mr. Gabbert stated the single family narrower lots will include homes from the $70,000 to low $80,000 price range, with $90,000 price range for the wider single family lots. Mr. Gabbert also contended that the Planned Development allows for smaller lot sizes whereas the City's position is that all lot sizes must conform unless specifically provided in the Planned Development Agreement. Mr. Gabbert also stated that it is not feasible to conform with minimum lot sizes and sell homes with the current interest rates. Member Wilkins objected to the 159 -foot access road connection to Wescott Road west of Lexington Avenue for safety reasons. Mr. Gabbert also, upon question, indicated that most twin home lots are owner occupied but that there is no guarantee. E APC Minutes November 22, 1983 Upon question, Mr. Runkle stated that there appears to be a one to 1-1/2 year inventory of smaller single family lots and members asked for a more complete inventory concerning residential lots in the City, Mr. Gabbert also stated that the project may be viable if 50% are twin home lots and 50% are 80 -foot minimum lots but the interest rates at the present time do not allow for the sale of duplex lots readily. It was noted also that the access to Wescott Road was moved easterly because there is a 10 -foot strip north of the. proposed Westbury Addition not owned by the developer. Mr. Wold and Mr. Turnham indicated that the Planning Commission's concern should not be finan- cial feasibility. Mr. Gabbert stated no other variances would be required other than those included in the application. Member Wold suggested an archi- tectural group be formed to insure continuity of architectural theme and Mr. Gabbert had no objections to the proposal. Kroh moved, Turnham seconded a motion to recommend approval of the application subject to preliminary plat approval with 36 twin home logs and 125 single family lots subject to the following: 1. Park dedication shall.be'met as recommended by the Eagan Park and Recreation Committee and approved by the City Council. 2. The plat shall be subject to Dakota County Plat Committee review since it abuts on a County Road (Lexington Avenue). 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. 5. The developer shall be required to construct an eight -foot asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 -foot right-of-way for the development of a trail. 6. A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved by the City'Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. 9. No additional variances' will be allowed other than those authorized under the application for lot sizes and widths. U R APC Minutes November 22, 1983 10. Access shall be provided to the McCarthy property to the west from the "bubble" on the westerly north -south internal street, with the under- standing that a through street will depend on development to the west. 11. Any costs incurred due to the necessity of the relocation of the Williams Brother pipeline under the Wescott Road access shall be the sole responsibility of this development. 12. A 55 -foot half right-of-way shall be dedicated for Lexington Avenue. 13. All internal easements shall be dedicated in accordance with staff recommendation. 14. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 15. All costs associated with the internal streets and utilities shall be the sole responsibility of .this development. 16. The developer shall pursue acquisition of the 10 -foot strip along Wescott Road to move the access road to Wescott further west than proposed. 17. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road installation. All voted yea except Mulrooney who voted no. BILLA®ALS ADDITION /2 - PRELDUNAEY PLAT The hearing regarding preliminary plat approval of Hillandale #2 was presented to the Planning Commission. Mr. Runkle reviewed the application indicating 12.58 acres containing approximately 125 dwelling units. It con- sists of a replat of a portion of the previously platted Hillandale Addition 01 located east of Blackhawk Road, north of Diffley Road. The zoning is R-4 and it was also noted that MnDOT has widened the I -35E which creates less depth for the lots adjacent to the I -35E ramp. It is proposed to cul-de-sac Meadowlark Lane on the north and that private drives be installed throughout the development. Eighteen percent lot coverage is provided and the setbacks between units appear to conform. The setback from I -35E, however, requires review by MnDOT and setback variances would be required for nearly all build- ings adjacent to I -35E. Greg DuMonceaux, architect, appeared as did a repre- sentative of the applicant. Mr. DuMonceaux indicated there is a spine circu- lation throughout from Blackhawk on the south to Meadowlark Road on the north as provided on private streets. He stated that a meeting had been held with MnDOT officials indicating that MnDOT,would not object to the setback of the buildings proposed and indicated that the setbacks would be entirely within the City control. Twenty to 30 foot berms would be installed adjacent to the off ramp by MnDOT. 7 APC Minutes November 22, 1983 Karen Johnson, the president of Meadowlark Ridge Homeowners Association 01 and Maurice McKay, president of Meadowlark Ridge Homeowners Association 42, were present as were other owners in the immediate area. They indicated that a meeting had been held with the developer on November 21 and that a response to the proposal had not been completed. Ms. Jensen read a position statement and submitted written objections to the Planning Commission. She stated that no official notice had been received by the 100 families in the projects and they only were recently notified of the proposal. Objections cited included lack of contribution to the quality of living, security problems, safety problems due to the increase in the use of Meadowlark Road, adverse affect on equity of the existing owners in Hillandale, there would not be adequate park and recreation area and there would be excessive noise and congestion created by the proposal. Harry Baker, an adjoining resident in Meadowlark 02, objected to private roads which he stated would increase safety problems with 125 units. He had concerns about .whether the vegetation and terrain will be maintained and suggested an ,owner -occupancy provision in the governing title documents and further recommended provisions for open space. Hugh Stewart appeared and had concerns about school children having access to school buses on Blackhawk Road. Lynn Keefer also appeared and indicated that the Associa- tions own all buildings and grounds and leaseagreements are provided with the Association by all residents. He stated there is not adequate snow removal or parking in the existing development and also noted that even with owner - occupied provisions in Hillandale 02 there are still rental problems that exist. Safety of the children and security of the area are strong concerns and he stated that a homeowners association will not be adequate to control the non-homowner occupied units. It was noted that the reason for private streets is to reduce the right- of-way and setbacks and to create greater density. Upon question, Mr. Hefti indicated that there is generally no control that the City has on maintenance of the private streets. It was noted that not all owners had been notified of the proposal and there had been inadequate review by neighboring property owners or a response to the objections by the developer. Krob moved, Wilkins seconded the motion to continue the hearing to allow a meeting between the developer and the owners,. to allow the staff to review the records concerning notice to adjoining property owners, and also requested comments from MnDOT about the proposed building setbacks. All voted in favor. J'P1 MIA 1176711 The application of Windtree Company and Judith Bright for replatting a portion of Windtree 2nd Addition into Windtree 3rd Addition, except Lots 13 and 14, Windtree 2nd Addition, was convened by the Chairman. Windtree 2nd Addition contains 27 family lots and it is proposed to be increased to 31 ;t excluding Lots 13 and 14. In February of 1983 an application had been sub- mitted by Windtree Company to replat and rezone Windtree 2nd Addition to E APC Minutes November 22, 1983 create smaller single family lots which the Planning Commission and City Council denied. Two lots, Lots 13 and 14, have been sold and it was noted that the proposed lots .will conform with minimum single family ordinance requirements. The original application was submitted in May of 1979 covering 101 acres including 137 single family lots. The proposal is to increase the number of lots to 169 throughout the balance of the project. No alterations to the streets would be required and the only modification would be some additional curb boxes in the right-of-way to provide services to the newly created lots. Jim Hill and Judith Bright on behalf of Windtree Companies were present as was Jim Gustafson, the developer. The average lot sizes will be changed from 22,000 square feet to 19,500 square feet and the average frontage at the front setback line will be 98 feet. Services can be adjusted according to Mr. Hill. Ms. Bright reviewed the project and indicated that the covenants and restrictions will be retained, that the same price range will continue for the homes and the quality of housing expected in the development will remain. Jeff Gustafson stated that seven'of 14 lots are now built on in the first addition and they are generally second and third time home buyers. Other builders will also construct in the 3rd Addition and he felt that there would be no effect on the two lots that have been sold in the 2nd Addition. A representative of West Publishing was also present and expressed concerns that West Publishing will, at some time, expand its plant and recommended that a man made barrier be constructed so that there are no future problems in the event of expansion of the facility. Fred Hauenstein of South Hills appeared and stated that the owners in South Hills Addition generally have no objec- tions to the proposal unless changes occur. Ted Morrison, the owner of Lot 13 indicated that he has started construction of his home and objected to the 15% increase in the number of lots and had understood that there would be no increase in the number of lots in the subdivision when he purchased the lot. Ms. Bright indicated that the intent is to have a better land use and there is no attempt to replat the lots again after the 3rd Addition is approved. It was recommended that all buyers be informed of all potential industrial development to the east. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 0 0 APC Minutes November 22, 1983 5. If installed privately, the plans and specifications for the utility services shall be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. 8. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All members voted in favor.'. Upon motion by Krob, seconded Mulrooney, all voting in favor it was Resolved that the meeting adjourn at 11:50 p.m. 10 APC Secretary PHH