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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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•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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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APC Secretary
PHH
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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.
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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
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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
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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.
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November 22, 1983
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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.
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November 22, 1983
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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.
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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.
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November 22, 1983
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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
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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.
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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
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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
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December 15, 1983
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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APC Secretary
PHH