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01/24/1984 - City Council RegularM SUBJECT TO APPROVAL • MINUTES OF A REGULAR MHE7NG OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 24, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on January 24, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, members Mulrooney, McCrea, Wilkins, Wold, Krob and Merkley. Member Bohne was absent. Also present were City Planner Runkle, City Administrator Hedges, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Upon motion by Krob, seconded McCrea, it was resolved that the Agenda be approved with the understanding that the applications of James and Arvella Horne and Horne Development Corporation for rezoning and preliminary plat approval be continued at the request of the applicants, that the Shoreland Ordinance be considered, and also discussion concerning tribute to past com- mission members. All voted in favor. • OATH OF OFFICE City Administrator Tom Hedges was present and gave the oath of office to Charles Hall and Garrett Mulrooney who are reappointed members on the Planning Commission for three year terms and,Scott Merkley, a new planning commission member for the one year alternate position. Scott Merkley was welcomed to the commission. ELECTION OF OFFICERS Tom Hedges then conducted the election of officers for 1984. Chairman. Krob moved, Wold seconded the motion to nominate Hall as Chairman for 1984. Wilkins moved, McCrea seconded the motion to nominate Mike Wold as Chairman. The nominations were then closed. and Mr. Wold withdrew his name as a candidate for the Chairmanship for the Commission. Mulrooney then moved, Krob seconded the motion to cast a unanimous ballot for Charles Hall as Chairman. All voted in favor. Vice Chairman. Mulrooney moved and Wilkins seconded the motion to nomi- nate Mike Wold as Vice -Chairman for the Commission for 1984. Wilkins then moved, McCrea seconded the motion to close the nominations and cast a unani- mous ballot for Mike Wold. All voted yes. 1 APC Minutes January 24, 1984 • Secretary. McCrea moved, Mulrooney seconded the motion that Doris Wilkins be the Secretary for 1984. Wold moved, Mulrooney seconded the motion to close the nominations and cast unanimous ballot for Doris Wilkins. All voted in - favor. Assessment Committee. Garrett Mulrooney volunteered to be a member of the Eagan Assessment Committee for 1984 and the Chairman appointed him to the Committee. Planning Commission Meeting Procedures. Chairman Hall reviewed the procedures for Planning Commission meetings with the commission members and with all persons present at the meeting. December 15, 1983 _ Regular Meeting. Upon motion by Wilkins, seconded McCrea, it was resolved that the minutes of the December 15, 1983 meeting be approved as distributed. All voted in favor except Rrob who abstained, indi- cating he was not present at the meeting. • HILLANDALE ADDITION NO. 2 - PRELDQNABY PLAT The continued hearing regarding the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres and containing approximately 112 dwelling units located in parts of Lot 2, Block 1, Lots 3 and 4,' Block 1, Lot 2, Block 2 and Outlot A, Hillandale No. 1 in Section 20 was then convened by Chairman Hall. The application was first presented to the Planning Commission in November, 1983 and additional information was requested, including traffic information, which has now been submitted by Westwood Planning 6 Engineering Company. It appears from the information that the proposed road specifications would be adequate to handle the additional 112 dwelling units in the proposed project. Dale Runkle reviewed the information that had been submitted, and further stated that another question that arose was whether the streets should be public or private. The setbacks would not be sufficient under the proposed plan if public right-of-way were required and thus the reason for the request for private right-of-way, but the developers do agree to install the streets with public street construction standards. In addition, the proposal is to build to the property line of I -35E in order to get adequate width to develop the property. It was noted there would be a gross density of 8.9 dwelling units per acre. Mr. Runkle noted the trade offs in regard to the type of develop- ment the City wants to have in the area, whether it be lower density or higher density in the event that the variances are not granted, are issues that the Planning Commission must decide. Mr. Hall stated that three letters have been • 2 • • APC Minutes January 24, 1984 a.}:.... submitted to the City, including one from the Minnesota Department of Trans- portation regarding location of the fence along I -35E and two letters, with a petition in support of the project. Mr. Runkle also stated that the proposed project does not meet the mandatory requirements for. an EAW but the City could, in its discretion, require the worksheet. A new diagram showing the area that would be taken for public street was displayed and Greg Du'Monceaux, the architect, appeared for the applicant and stated that if the project is not approved, the only other alternate for development would be an apartment type project. Karen Jensen, President of Meadowlark Homeowners Association No. 1 stated that her Association was opposed to apartment buildings and recommended a private street be installed. Jeff Johnson, a neighbor, stated that he was not opposed and had questions including whether a development contract would be entered into and whether the proposed plan will, in fact, be carried out. He also stated the neighboring owners wanted to be informed of the progress of the development, including whether any special signing or speed limits would be provided on the private streets. He stated the neigh- boring owners would prefer owner -occupied property but it was noted the City had no direct control over that type of provision. Member Krob had concerns about setbacks from streets and parking, but'it was noted that parking does exceed the minimum city requirements. Member McCrea recommended the Minnesota Department of Transportation letter concerning moving the fence be part of the Development Agreement including maintenance of the property along the fence. Doris Wilkins recommended a public street to be looped through the development and the developer indicated that he would prefer a private street. Mr. Du'Monceaux stated that it was his opinion that the Homeowners Association would have greater control with. lower maximum speeds in the event of a private street, and further stated that there would be two phases over approximately two years. Member Krob moved, McCrea seconded the motion to recommend approval of the application pursuant to the following conditions: 1. Approval of the variances in regard to setback from I -35E rights -of - way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3• A minimum of a 25 foot setback shall be required from the back of the curb to any dwelling unit or portion of dwelling unit in the development project. 4. A lot coverage variance not to exceed 2% shall be granted for the development. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. KI APC Minutes January 24, 1984 • 6. A private street loop shall be.provided.on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so.designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the • City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14.. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and • gutter and bituminous surfacing according to City standards. 4 APC Minutes • January 24, 1984 20. No dead-end lateral water mains will be allowed. Mr. Mulrooney recommended that public right-of-way be provided based upon the reasons outlined by the Engineering staff, including more control over maintenance, police and fire protection and general public safety. Those in favor were McCrea, Hall, Krob and Wold; against were Wilkins, Mulrooney and Merkley. Member Mulrooney stated the only reason he voted against the motion was he favored the public right-of-way in the project, and otherwise favored the proposal. THE RENTAL PLACE - CONDITIONAL USE PERMIT The hearing regarding the application of Larry D. Pedersen for condi- tional use permit for The Rental Place for a pylon sign on Lot 1, Block 1, Barton McGray Addition was convened by Chairman Hall. Dale Runkle outlined the proposal and indicated that the conditional use permit had . been granted for outside storage for the location of a rental business on the lot, and it appeared that the proposed sign would meet all the criteria of the sign ordinance including the 300 foot spacing from 'the existing Kinney Shoe Sign. • Contact had been made with Kinney Shoe but no determination as to removal of the sign had yet been made. Mr. Pedersen was present and stated that he would comply with the 300 foot spacing. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed -yearly in accordance with the Sign Ordi- nance. All voted in favor. GEORGE 6 MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 1/2 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of sumer- IS ous older cars on the east area of the property. Mrs. Nall stated the plan 9 APC Minutes January 24, 1984 • was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties. or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY EIEFPER - CONDITIONAL USE PERMT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for • the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on the property shall either have collector's license plates or current license plates in order that a Junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance is not being complied with. 3. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. • All voted in favor. 2 APC Minutes • January 24, 1984 The hearing concerning the application of James Curry for amendment to the Lexington South Planned Development to transfer densities -from R-2 (Mixed Residential Densities) and R-3 (Mixed Residential Densities) on two parcels east of Lexington Avenue and north of County Road 030 (Diffley Road) was next heard. Mr. Runkle explained the application and noted that the total dwelling units, according to minimum standards would be reduced from 1,368 to 1,008 units under the proposal. Jim Curry and Bruce Patterson of Suburban Engi- neering were present. Mr. Patterson reviewed some topographic constraints resulting in the amendment request and showed three concepts reflecting density and a fourth showing multiples with 12 to 36 units per building. A number of neighboring owners were present with questions but no objections. The transition, according to the plan, would provide for R-2 to R-3 to R-4 as proposed. It was also requested that the Planned Development Agreement be revised to limit the specific number of units that would be.permitted per parcel and that there be no shifting of densities in the future. Chairman Hall stated that the potential for development would be about 1,764 units and • the reduction would be to about 1,140 units if the maximum allowable were granted. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: • 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. It was also recommended that the owners of the parcels noted as excep- tions, should continue to monitor the development and attempt to provide for tie-ins of their parcels to future development. All voted in favor except Hall who abstained. 7 APC Minutes January 24, 1984 THE PINES - PRELIMINARY PLAT • The next hearing presented to the Planning Commission was the application of R.L.K. Corporation and Roger Kreidberg for preliminary plat approval of The Pines. The proposal is for 26 townhouse units located in Lot 11, Block 3, Hilltop Estates consisting of 3.6 acres north of Berry Ridge Road and east of Pilot Knob Road. Dale Runkle detailed the proposal with the Council and stated that Mr. Kreidberg submitted an application for preliminary plat approval in April of 1982. At that time, underground garages were proposed with only one building. The new application proposed two buildings and no underground garages but some detached and some attached garages. The zoning is R-3 and the maximum density allowed is 26.49 dwelling units with the project to consist of 18 two-bedroom units, 6 one -bedroom units and 2 three- bedroom units being marketed in the $60,000.00 to $75,000.00 price range. Topographic constraints on this parcel create some problems with its develop- ment. Staff recommended that the drive between the two buildings be widened in order that a fire truck could be turned around. Mr. Kreidberg and his architect from Arvid Elness Architects was present. Mr. Kriedberg stated they will retain nearly all of the pine trees and that they would accept the garage revision to allow greater space between the two buildings. Single phase construction is planned with one building built at a time. One neighboring • family was present and had concerns about the grade of Berry Ridge Road and it was noted that the Pilot Knob Road elevation may eventually be changed. Also, they had concerns about the additional traffic on Berry Ridge Road which potentially would be created from the site. Two fire hydrants will be pro- vided on the site, according to the architect. No play areas are being proposed because the developer expects that there will be very few children in the units. There was considerable discussion concerning the recommendation of the engineering staff for a residential street equivalent assessment covering the 283 feet of frontage on Pilot Knob Road for future Pilot Knob Road up- grading. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall.be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not, released until one year after the land- scaping has been completed. is L, APC Minutes • January 24, 1984 a-; 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer_ detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall be responsible for its residential street equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. The final escrow amount shall be determined utilizing 125% of the residential street equivalent rate for multiple dwell- ings subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. • 10. That the garages on the east end of the West building shall be realligned to allow greater emergency vehicle turning area. All voted in favor, except Hall who opposed the provision regarding escrowing funds for future Pilot Knob Road upgrading and stated that the City has not required that in the past. Mulrooney then moved, Hall seconded the motion to request the staff undertake a study concerning the propriety and procedures of advanced collections for potential assessments for public im- provements, including street improvements prior to the improvements being installed and that the staff report its findings to -the City Council. All voted in favor. Smm ►lig ADDITION - PRELimiNARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would • provide access to all of the single family lots south of Yorktown Place. Brad L APC Minutes January 24, 1984 • Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who.were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension -of Hackmore Drive in the future. Member Kroh stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from. smaller to larger lots to the south. Mr.'Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot • lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half *right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in • this report. 10 APC Minutes • January 24, 1984 i 0' 11 .:1 . 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition consisting of approximately one acre containing two single family lots located on the west side of Dodd Road, immediately north of Saddlehorn Addition was next heard. .Dale Runkle detailed the application and the City Public Works Department recommended that an overall plan for the land to the • west be submitted to provide for access to that parcel, which otherwise could be cut off except Dodd Road to the north and west. There were no objections to the application and the developer indicated that he would be willing to dedicate 25 feet along the north line for street access purposes, but re- quested that no street assessments be levied on the property for that street. The developer also asked, because of time constraints, that the Planning Commission recommend approval subject to the determination of the location of a street in the future. Mulrooney moved, Krob seconded the motion to continue the motion to the next regular meeting and instructed the developer and the staff to work toward a resolution of the access problem from the land to the west. All voted in favor. .. SHORELAND ORDINANCE Chairman Hall stated that an informal discussion of the proposed Shore - land Ordinance No. 77 will take place at the next regular Planning Commission meeting with a formal hearing concerning the ordinance at the regular March 1984 meeting. PHEASANT KNOLL - PRELIMINARY PLAT The staff indicated that attempts have been made to contact the developer of the proposed Pheasant Knoll plat with no success. McCrea moved, Mulrooney • seconded the motion to eliminate the application from the agenda and in the event the developer wishes to reappear, that a new application be submitted. All voted in favor. 11 APC Minutes January 24, 1984 • PAST CONUTTEE MEMBERS Member Krob suggested that the staff make a proposal as to recognizing past Advisory Planning Commission members. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. All voted yes. Secretary 12 PHH • • 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 24, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on January 24, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, members Mulrooney, McCrea, Wilkins, Wold, Krob and Merkley. Member Bohne was absent. Also present were City Planner Runkle, City Administrator Hedges, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Upon motion by Krob, seconded McCrea, it was resolved that the Agenda be approved with the understanding that the applications of James and Arvella Horne and Horne Development Corporation for rezoning and preliminary plat approval be continued at the request of the applicants, that the Shoreland Ordinance be considered, and also discussion concerning tribute to past com- mission members. All voted in favor. OATH OF OFFICE City Administrator Tom Hedges was present and gave the oath of office to Charles Hall and Garrett Mulrooney who are reappointed members on the Planning Commission for three year terms and Scott Merkley, a new planning commission member for the one year alternate position. Scott Merkley was welcomed to the commission. Tom Hedges then conducted the election of officers for 1984. Chairman. Krob moved, Wold seconded the motion to nominate Hall as Chairman for 1984. Wilkins moved, McCrea seconded the motion to nominate Mike Wold as Chairman. The nominations were then closed and Mr. Wold withdrew his name as a candidate for the Chairmanship for the Commission. Mulrooney then moved, Krob seconded the motion to cast a unanimous ballot for Charles Hall as Chairman. All voted in favor. Vice Chairman. Mulrooney moved and Wilkins seconded the motion to nomi- nate Mike Wold as Vice -Chairman for the Commission for 1984. Wilkins then moved, McCrea seconded the motion to close the nominations and cast a unani- mous ballot for Mike Wold. All voted yes. 1 APC Minutes January 24, 1984 Secretary. McCrea moved, Mulrooney seconded the motion that Doris Wilkins be the Secretary for 1984. Wold moved, Mulrooney seconded the motion to close the nominations and cast unanimous ballot for Doris Wilkins. All voted in favor. Assessment Committee. Garrett Mulrooney volunteered to be a member of the Eagan Assessment Committee for 1984 and the Chairman appointed him to the Committee. - Planning Commission Meeting Procedures. Chairman Hall reviewed the procedures for Planning Commission meetings with the commission members and with all persons present at the meeting. MINUTES December 15, 1983 _ Regular Meeting. Upon motion by Wilkins, seconded McCrea, it was resolved that the minutes of the December 15, 1983 meeting be approved as distributed. All voted in favor except Kroh who abstained, indi- cating he was not present at the meeting. HILANDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing regarding the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres and containing approximately 112 dwelling units located in parts of Lot 2, Block 1, Lots 3 and 4, Block 1, Lot 2, Block 2 and Outlot A, Hillandale No. 1 in Section 20 was then convened by Chairman Hall. The application was first presented to the Planning Commission in November, 1983 and additional information was requested, including traffic information, which has now been submitted by Westwood Planning & Engineering Company. It appears from the information that the proposed road specifications would be adequate to handle the additional 112 dwelling units in the proposed project. Dale Runkle reviewed the information that had been submitted, and further stated that another question that arose was whether the streets should be public or private. The setbacks would not be sufficient under the proposed plan if public right-of-way were required and thus the reason for the request for private right-of-way, but the developers do agree to install the streets with public street construction standards. In addition, the proposal is to build to the property line of I -35E in order to get adequate width to develop the property. It was noted there would be a gross density of 8.9 dwelling units per acre. Mr. Runkle noted the trade offs in regard to the type of develop- ment the City wants to have in the area, whether it be lower density or higher density in the event that the variances are not granted, are issues that the -• Planning Commission must decide. Mr. Hall stated that three letters have been 2 APC Minutes January 24, 1984 submitted to the City, including one from the Minnesota Department of Trans- portation regarding location of the fence along I -35E and two letters, with a petition in support of the project. Mr. Runkle also stated that the proposed project does not meet the mandatory requirements for an EAW but the City could, in its discretion, require the worksheet. A new diagram showing the area that would be taken for public street was displayed and Greg Du'Monceaux, the architect, appeared for the applicant and stated that if the project is not approved, the only other alternate for development would be an apartment type project. Karen Jensen, President of Meadowlark Homeowners Association No. 1 stated that her Association was opposed to apartment buildings and recommended a private street be installed. Jeff Johnson, a neighbor, stated that he was not opposed and had questions including whether a development contract would be entered into and whether the proposed plan will, in fact, ^e carried out. He also stated the neighboring owners wanted to be informed of the progress of the development, including whether any special signing or speed limits would be provided on the private streets. He stated the neigh- boring owners would prefer owner -occupied property but it was noted the City had no direct control over that type of provision. Member Krob had concerns about setbacks from streets and parking, but it was noted that parking does I� exceed the minimum city requirements. Member McCrea recommended the Minnesota Department of Transportation letter concerning moving the fence be part of the Development Agreement including maintenance of the property along the fence. Doris Wilkins recommended a public street to be looped through the development and the developer indicated that he would prefer a private street. Mr. Du'Monceaux stated that it was his opinion that the Homeowners Association would have greater control with lower maximum speeds in the event of a private street, and further stated that there would be two phases over approximately two years. Member Krob moved, McCrea seconded the motion to recommend approval of the application pursuant to the following conditions: 1. Approval of the variances in regard to setback from I -35E rights-of- way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3. A minimum of a 25 foot setback shall be required from the back of the curb to any dwelling unit or portion of dwelling unit in the development project. 4. A lot coverage variance not to exceed 2% shall be granted for the development. 5. A building setback variance shall be approved by the City along the 1-35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 3 0 APC Minutes January 24, 1984 0 6. A private street loop shall be provided on proposed Lot l rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, Hy -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the, Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with.installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 4 APC Minutes • January 24, 1984 I 20. No dead-end lateral water mains will be allowed. Mr. Mulrooney recommended that public right-of-way be provided based upon the reasons outlined by the Engineering staff, including more control over maintenance, police and fire protection and general public 'safety. Those in favor were McCrea, Hall, Krob and Wold; against were Wilkins, Mulrooney and Merkley. Member Mulrooney stated the only reason he voted against the motion was he favored the public right-of-way in the project, and otherwise favored the proposal. THE RENTAL PLACE - CONDITIONAL USE PERMIT The hearing regarding the application of Larry D. Pedersen for condi- tional use permit for The Rental Place for a pylon sign on Lot 1, Block 1, Barton McGray Addition was convened by Chairman Hall. Dale Runkle outlined the proposal and indicated that the conditional use permit had been granted for outside storage for the location of a rental business on the lot, and it appeared that the proposed sign would meet all the criteria of the sign ordinance including the 300 foot spacing from the existing Kinney Shoe Sign. Contact had been made with Kinney Shoe but no determination as to removal of the sign had yet been made. Mr. Pedersen was present and stated that he would comply with the 300 foot spacing. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1.. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- nance. All voted in favor. GEORGE & MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan 5 APC Minutes • January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on. the property shall either have collector's license plates or current license plates in order that a junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance' is not being complied with. 3. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. 9 APC Minutes I• January 24, 1984 0 0 LEXINGTON SOUTH PUD The hearing concerning the application of James Curry for amendment to the Lexington South Planned Development to transfer densities from R-2 (Mixed Residential Densities) and R-3 (Mixed Residential Densities) on two parcels east of Lexington Avenue and north of County Road 1130 (Diffley Road) was next heard. Mr. Runkle explained the application and noted that the total dwelling units, according to minimum standards would be reduced from 1,368 to 1,008 units under the proposal. Jim Curry and Bruce Patterson of Suburban Engi- neering were present. Mr. Patterson reviewed some topographic constraints resulting in the amendment request and showed three concepts reflecting density and a fourth showing multiples with 12 to 36 units per building. A number of neighboring owners .:ere present with questions but no objections. The transition, according to :ie plan, would provide for R-2 to R-3 to R-4 as proposed. It was also requested that the Planned Development Agreement be revised to limit the specific number of units that would be permitted per parcel and that there be no shifting of densities in the future.' Chairman Hall stated that the potential for development would be about 1,764 units and i . the reduction would be to about 1,140 units if the maximum allowable were granted. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. It was also recommended that the owners of the parcels noted as excep- tions, should continue to monitor the development and attempt to provide for tie-ins of their parcels to future development. All voted in favor except Hall who abstained. 7 - APC Minutes • January 24, 1984 I 0 0 THE PrM - PRFLD"ARY PLAT The next hearing presented to the Planning Commission was the application of R.L.K. Corporation and Roger Kreidberg for preliminary plat approval of The Pines. The proposal is for 26 townhouse units located in Lot 11, Block 3, Hilltop Estates consisting of 3.6 acres north of Berry Ridge Road and east of Pilot Knob Road. Dale Runkle detailed the proposal with the Council and stated that Mr. Kreidberg submitted an application for preliminary plat approval in April of 1982. At that time, underground garages were proposed with only one building. The new application proposed two buildings and no underground garages but some detached and some attached garages. The zoning is R-3 and the maximum density allowed is 26.49 dwelling units with the project to consist of 18 two-bedroom units, 6 one -bedroom units and 2 three- bedroom units being marketed in the $60,000.00 to $75,000.00 price range. Topographic constraints on this parcel create some problems with its develop- ment. Staff recommended that the drive between the two buildings be widened in order that a fire truck could be turned around. Mr. Kreidberg and his architect from Arvid Elness Architects was present. Mr. Kriedberg stated they will retain nearly all of the pine trees and that they would accept the garage revision to allow greater space between the two buildings. Single phase •construction is planned with one building built at a time. One neighboring family was present and had concerns about the grade of Berry Ridge Road and it was noted that the Pilot Knob Road elevation may eventually be changed. Also, they had concerns about the additional traffic on Berry Ridge Road which potentially would be created from the site. Two. fire hydrants will be pro- vided on the site, according to the architect. No play areas are being proposed because the developer expects that there will be very few children in the units. There was considerable discussion concerning the recommendation of the engineering staff for a residential street equivalent assessment covering the 283 feet of frontage on Pilot Knob Road for future Pilot Knob Road up- grading. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. I_• 0 0 APC Minutes January 24, 1984 1 • I* 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall be responsible for its residential street equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. The final escrow amount shall be determined utilizing 125% of .the residential street equivalent rate for multiple dwell- ings subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. •10. That the garages on the east end of the West building shall he realligned to allow greater emergency vehicle turning area. All voted in favor, except Hall who opposed the provision regarding escrowing funds for future Pilot Knob Road upgrading and stated that the City has not required that in the past. Mulrooney then moved, Hall seconded the motion to request the staff undertake a study concerning the propriety and procedures of advanced collections for potential assessments for public im- provements, including street improvements prior to the improvements being installed and that the staff report its findings to the City Council. All voted in favor. SONSBT 4TH ADDITION - PRSLiKiNARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad 9 E APC Minutes ieJanuary 24, 1984 0 Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Krob stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset lst Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in this report. 10 APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset lst Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition consisting of approximately one acre containing two single family lots located on the west side of Dodd Road, immediately north of Saddlehorn Addition was next heard. Dale Runkle detailed the application and the City Public Works Department recommended that an overall plan for the land to the i west be submitted to provide for access to that parcel, which otherwise could be cut off except Dodd Road to the north and west. There were no objections to the application and the developer indicated that he would be willing to dedicate 25 feet along the north line for street access purposes, but re- quested that no street assessments be levied on the property for that street. The developer also asked, because of time constraints, that the Planning Commission recommend approval subject to the determination of the location of a street in the future. Mulrooney moved, Krob seconded the motion to continue the motion to the next regular meeting and instructed the developer and the staff to work toward a resolution of the access problem from the land to the west. All voted in favor. SHORELAND ORDINANCE Chairman Hall stated that an informal discussion of the proposed Shore - land Ordinance No. 77 will take place at the next regular Planning Commission meeting with a formal hearing concerning the ordinance at the regular March 1984 meeting. PHEASANT KNOLL - PRELIMINARY PLAT The staff indicated that attempts have been made to contact the developer !' of the proposed Pheasant Knoll plat with no success. McCrea moved, Mulrooney • seconded the motion to eliminate the application from the agenda and in the event the developer wishes to reappear, that a new application be submitted. All voted in favor. • APC Minutes IJanuary 24, 1984 0 PAST COMMTTEE MEMERS Member Krob suggested that the staff make a proposal as to recognizing past Advisory Planning Commission members. F]ICIlili ,w�IAI Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. All voted yes. 0 12 Secretary PHH M SUBJECT TO APPROVAL • MINUTES OF A REGULAR MHE7NG OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 24, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on January 24, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, members Mulrooney, McCrea, Wilkins, Wold, Krob and Merkley. Member Bohne was absent. Also present were City Planner Runkle, City Administrator Hedges, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Upon motion by Krob, seconded McCrea, it was resolved that the Agenda be approved with the understanding that the applications of James and Arvella Horne and Horne Development Corporation for rezoning and preliminary plat approval be continued at the request of the applicants, that the Shoreland Ordinance be considered, and also discussion concerning tribute to past com- mission members. All voted in favor. • OATH OF OFFICE City Administrator Tom Hedges was present and gave the oath of office to Charles Hall and Garrett Mulrooney who are reappointed members on the Planning Commission for three year terms and,Scott Merkley, a new planning commission member for the one year alternate position. Scott Merkley was welcomed to the commission. ELECTION OF OFFICERS Tom Hedges then conducted the election of officers for 1984. Chairman. Krob moved, Wold seconded the motion to nominate Hall as Chairman for 1984. Wilkins moved, McCrea seconded the motion to nominate Mike Wold as Chairman. The nominations were then closed. and Mr. Wold withdrew his name as a candidate for the Chairmanship for the Commission. Mulrooney then moved, Krob seconded the motion to cast a unanimous ballot for Charles Hall as Chairman. All voted in favor. Vice Chairman. Mulrooney moved and Wilkins seconded the motion to nomi- nate Mike Wold as Vice -Chairman for the Commission for 1984. Wilkins then moved, McCrea seconded the motion to close the nominations and cast a unani- mous ballot for Mike Wold. All voted yes. 1 APC Minutes January 24, 1984 • Secretary. McCrea moved, Mulrooney seconded the motion that Doris Wilkins be the Secretary for 1984. Wold moved, Mulrooney seconded the motion to close the nominations and cast unanimous ballot for Doris Wilkins. All voted in - favor. Assessment Committee. Garrett Mulrooney volunteered to be a member of the Eagan Assessment Committee for 1984 and the Chairman appointed him to the Committee. Planning Commission Meeting Procedures. Chairman Hall reviewed the procedures for Planning Commission meetings with the commission members and with all persons present at the meeting. December 15, 1983 _ Regular Meeting. Upon motion by Wilkins, seconded McCrea, it was resolved that the minutes of the December 15, 1983 meeting be approved as distributed. All voted in favor except Rrob who abstained, indi- cating he was not present at the meeting. • HILLANDALE ADDITION NO. 2 - PRELDQNABY PLAT The continued hearing regarding the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres and containing approximately 112 dwelling units located in parts of Lot 2, Block 1, Lots 3 and 4,' Block 1, Lot 2, Block 2 and Outlot A, Hillandale No. 1 in Section 20 was then convened by Chairman Hall. The application was first presented to the Planning Commission in November, 1983 and additional information was requested, including traffic information, which has now been submitted by Westwood Planning 6 Engineering Company. It appears from the information that the proposed road specifications would be adequate to handle the additional 112 dwelling units in the proposed project. Dale Runkle reviewed the information that had been submitted, and further stated that another question that arose was whether the streets should be public or private. The setbacks would not be sufficient under the proposed plan if public right-of-way were required and thus the reason for the request for private right-of-way, but the developers do agree to install the streets with public street construction standards. In addition, the proposal is to build to the property line of I -35E in order to get adequate width to develop the property. It was noted there would be a gross density of 8.9 dwelling units per acre. Mr. Runkle noted the trade offs in regard to the type of develop- ment the City wants to have in the area, whether it be lower density or higher density in the event that the variances are not granted, are issues that the Planning Commission must decide. Mr. Hall stated that three letters have been • 2 • • APC Minutes January 24, 1984 a.}:.... submitted to the City, including one from the Minnesota Department of Trans- portation regarding location of the fence along I -35E and two letters, with a petition in support of the project. Mr. Runkle also stated that the proposed project does not meet the mandatory requirements for. an EAW but the City could, in its discretion, require the worksheet. A new diagram showing the area that would be taken for public street was displayed and Greg Du'Monceaux, the architect, appeared for the applicant and stated that if the project is not approved, the only other alternate for development would be an apartment type project. Karen Jensen, President of Meadowlark Homeowners Association No. 1 stated that her Association was opposed to apartment buildings and recommended a private street be installed. Jeff Johnson, a neighbor, stated that he was not opposed and had questions including whether a development contract would be entered into and whether the proposed plan will, in fact, be carried out. He also stated the neighboring owners wanted to be informed of the progress of the development, including whether any special signing or speed limits would be provided on the private streets. He stated the neigh- boring owners would prefer owner -occupied property but it was noted the City had no direct control over that type of provision. Member Krob had concerns about setbacks from streets and parking, but'it was noted that parking does exceed the minimum city requirements. Member McCrea recommended the Minnesota Department of Transportation letter concerning moving the fence be part of the Development Agreement including maintenance of the property along the fence. Doris Wilkins recommended a public street to be looped through the development and the developer indicated that he would prefer a private street. Mr. Du'Monceaux stated that it was his opinion that the Homeowners Association would have greater control with. lower maximum speeds in the event of a private street, and further stated that there would be two phases over approximately two years. Member Krob moved, McCrea seconded the motion to recommend approval of the application pursuant to the following conditions: 1. Approval of the variances in regard to setback from I -35E rights -of - way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3• A minimum of a 25 foot setback shall be required from the back of the curb to any dwelling unit or portion of dwelling unit in the development project. 4. A lot coverage variance not to exceed 2% shall be granted for the development. 5. A building setback variance shall be approved by the City along the I -35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. KI APC Minutes January 24, 1984 • 6. A private street loop shall be.provided.on proposed Lot 1 rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, By -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so.designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the • City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 14.. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and • gutter and bituminous surfacing according to City standards. 4 APC Minutes • January 24, 1984 20. No dead-end lateral water mains will be allowed. Mr. Mulrooney recommended that public right-of-way be provided based upon the reasons outlined by the Engineering staff, including more control over maintenance, police and fire protection and general public safety. Those in favor were McCrea, Hall, Krob and Wold; against were Wilkins, Mulrooney and Merkley. Member Mulrooney stated the only reason he voted against the motion was he favored the public right-of-way in the project, and otherwise favored the proposal. THE RENTAL PLACE - CONDITIONAL USE PERMIT The hearing regarding the application of Larry D. Pedersen for condi- tional use permit for The Rental Place for a pylon sign on Lot 1, Block 1, Barton McGray Addition was convened by Chairman Hall. Dale Runkle outlined the proposal and indicated that the conditional use permit had . been granted for outside storage for the location of a rental business on the lot, and it appeared that the proposed sign would meet all the criteria of the sign ordinance including the 300 foot spacing from 'the existing Kinney Shoe Sign. • Contact had been made with Kinney Shoe but no determination as to removal of the sign had yet been made. Mr. Pedersen was present and stated that he would comply with the 300 foot spacing. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed -yearly in accordance with the Sign Ordi- nance. All voted in favor. GEORGE 6 MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 1/2 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of sumer- IS ous older cars on the east area of the property. Mrs. Nall stated the plan 9 APC Minutes January 24, 1984 • was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties. or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY EIEFPER - CONDITIONAL USE PERMT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for • the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on the property shall either have collector's license plates or current license plates in order that a Junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance is not being complied with. 3. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. • All voted in favor. 2 APC Minutes • January 24, 1984 The hearing concerning the application of James Curry for amendment to the Lexington South Planned Development to transfer densities -from R-2 (Mixed Residential Densities) and R-3 (Mixed Residential Densities) on two parcels east of Lexington Avenue and north of County Road 030 (Diffley Road) was next heard. Mr. Runkle explained the application and noted that the total dwelling units, according to minimum standards would be reduced from 1,368 to 1,008 units under the proposal. Jim Curry and Bruce Patterson of Suburban Engi- neering were present. Mr. Patterson reviewed some topographic constraints resulting in the amendment request and showed three concepts reflecting density and a fourth showing multiples with 12 to 36 units per building. A number of neighboring owners were present with questions but no objections. The transition, according to the plan, would provide for R-2 to R-3 to R-4 as proposed. It was also requested that the Planned Development Agreement be revised to limit the specific number of units that would be.permitted per parcel and that there be no shifting of densities in the future. Chairman Hall stated that the potential for development would be about 1,764 units and • the reduction would be to about 1,140 units if the maximum allowable were granted. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: • 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. It was also recommended that the owners of the parcels noted as excep- tions, should continue to monitor the development and attempt to provide for tie-ins of their parcels to future development. All voted in favor except Hall who abstained. 7 APC Minutes January 24, 1984 THE PINES - PRELIMINARY PLAT • The next hearing presented to the Planning Commission was the application of R.L.K. Corporation and Roger Kreidberg for preliminary plat approval of The Pines. The proposal is for 26 townhouse units located in Lot 11, Block 3, Hilltop Estates consisting of 3.6 acres north of Berry Ridge Road and east of Pilot Knob Road. Dale Runkle detailed the proposal with the Council and stated that Mr. Kreidberg submitted an application for preliminary plat approval in April of 1982. At that time, underground garages were proposed with only one building. The new application proposed two buildings and no underground garages but some detached and some attached garages. The zoning is R-3 and the maximum density allowed is 26.49 dwelling units with the project to consist of 18 two-bedroom units, 6 one -bedroom units and 2 three- bedroom units being marketed in the $60,000.00 to $75,000.00 price range. Topographic constraints on this parcel create some problems with its develop- ment. Staff recommended that the drive between the two buildings be widened in order that a fire truck could be turned around. Mr. Kreidberg and his architect from Arvid Elness Architects was present. Mr. Kriedberg stated they will retain nearly all of the pine trees and that they would accept the garage revision to allow greater space between the two buildings. Single phase construction is planned with one building built at a time. One neighboring • family was present and had concerns about the grade of Berry Ridge Road and it was noted that the Pilot Knob Road elevation may eventually be changed. Also, they had concerns about the additional traffic on Berry Ridge Road which potentially would be created from the site. Two fire hydrants will be pro- vided on the site, according to the architect. No play areas are being proposed because the developer expects that there will be very few children in the units. There was considerable discussion concerning the recommendation of the engineering staff for a residential street equivalent assessment covering the 283 feet of frontage on Pilot Knob Road for future Pilot Knob Road up- grading. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall.be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not, released until one year after the land- scaping has been completed. is L, APC Minutes • January 24, 1984 a-; 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer_ detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall be responsible for its residential street equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. The final escrow amount shall be determined utilizing 125% of the residential street equivalent rate for multiple dwell- ings subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. • 10. That the garages on the east end of the West building shall be realligned to allow greater emergency vehicle turning area. All voted in favor, except Hall who opposed the provision regarding escrowing funds for future Pilot Knob Road upgrading and stated that the City has not required that in the past. Mulrooney then moved, Hall seconded the motion to request the staff undertake a study concerning the propriety and procedures of advanced collections for potential assessments for public im- provements, including street improvements prior to the improvements being installed and that the staff report its findings to -the City Council. All voted in favor. Smm ►lig ADDITION - PRELimiNARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would • provide access to all of the single family lots south of Yorktown Place. Brad L APC Minutes January 24, 1984 • Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who.were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension -of Hackmore Drive in the future. Member Kroh stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from. smaller to larger lots to the south. Mr.'Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot • lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half *right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in • this report. 10 APC Minutes • January 24, 1984 i 0' 11 .:1 . 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset 1st Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition consisting of approximately one acre containing two single family lots located on the west side of Dodd Road, immediately north of Saddlehorn Addition was next heard. .Dale Runkle detailed the application and the City Public Works Department recommended that an overall plan for the land to the • west be submitted to provide for access to that parcel, which otherwise could be cut off except Dodd Road to the north and west. There were no objections to the application and the developer indicated that he would be willing to dedicate 25 feet along the north line for street access purposes, but re- quested that no street assessments be levied on the property for that street. The developer also asked, because of time constraints, that the Planning Commission recommend approval subject to the determination of the location of a street in the future. Mulrooney moved, Krob seconded the motion to continue the motion to the next regular meeting and instructed the developer and the staff to work toward a resolution of the access problem from the land to the west. All voted in favor. .. SHORELAND ORDINANCE Chairman Hall stated that an informal discussion of the proposed Shore - land Ordinance No. 77 will take place at the next regular Planning Commission meeting with a formal hearing concerning the ordinance at the regular March 1984 meeting. PHEASANT KNOLL - PRELIMINARY PLAT The staff indicated that attempts have been made to contact the developer of the proposed Pheasant Knoll plat with no success. McCrea moved, Mulrooney • seconded the motion to eliminate the application from the agenda and in the event the developer wishes to reappear, that a new application be submitted. All voted in favor. 11 APC Minutes January 24, 1984 • PAST CONUTTEE MEMBERS Member Krob suggested that the staff make a proposal as to recognizing past Advisory Planning Commission members. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. All voted yes. Secretary 12 PHH • • 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 24, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on January 24, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, members Mulrooney, McCrea, Wilkins, Wold, Krob and Merkley. Member Bohne was absent. Also present were City Planner Runkle, City Administrator Hedges, Assistant City Engineer Hefti, and City Attorney Hauge. AGENDA Upon motion by Krob, seconded McCrea, it was resolved that the Agenda be approved with the understanding that the applications of James and Arvella Horne and Horne Development Corporation for rezoning and preliminary plat approval be continued at the request of the applicants, that the Shoreland Ordinance be considered, and also discussion concerning tribute to past com- mission members. All voted in favor. OATH OF OFFICE City Administrator Tom Hedges was present and gave the oath of office to Charles Hall and Garrett Mulrooney who are reappointed members on the Planning Commission for three year terms and Scott Merkley, a new planning commission member for the one year alternate position. Scott Merkley was welcomed to the commission. Tom Hedges then conducted the election of officers for 1984. Chairman. Krob moved, Wold seconded the motion to nominate Hall as Chairman for 1984. Wilkins moved, McCrea seconded the motion to nominate Mike Wold as Chairman. The nominations were then closed and Mr. Wold withdrew his name as a candidate for the Chairmanship for the Commission. Mulrooney then moved, Krob seconded the motion to cast a unanimous ballot for Charles Hall as Chairman. All voted in favor. Vice Chairman. Mulrooney moved and Wilkins seconded the motion to nomi- nate Mike Wold as Vice -Chairman for the Commission for 1984. Wilkins then moved, McCrea seconded the motion to close the nominations and cast a unani- mous ballot for Mike Wold. All voted yes. 1 APC Minutes January 24, 1984 Secretary. McCrea moved, Mulrooney seconded the motion that Doris Wilkins be the Secretary for 1984. Wold moved, Mulrooney seconded the motion to close the nominations and cast unanimous ballot for Doris Wilkins. All voted in favor. Assessment Committee. Garrett Mulrooney volunteered to be a member of the Eagan Assessment Committee for 1984 and the Chairman appointed him to the Committee. - Planning Commission Meeting Procedures. Chairman Hall reviewed the procedures for Planning Commission meetings with the commission members and with all persons present at the meeting. MINUTES December 15, 1983 _ Regular Meeting. Upon motion by Wilkins, seconded McCrea, it was resolved that the minutes of the December 15, 1983 meeting be approved as distributed. All voted in favor except Kroh who abstained, indi- cating he was not present at the meeting. HILANDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing regarding the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres and containing approximately 112 dwelling units located in parts of Lot 2, Block 1, Lots 3 and 4, Block 1, Lot 2, Block 2 and Outlot A, Hillandale No. 1 in Section 20 was then convened by Chairman Hall. The application was first presented to the Planning Commission in November, 1983 and additional information was requested, including traffic information, which has now been submitted by Westwood Planning & Engineering Company. It appears from the information that the proposed road specifications would be adequate to handle the additional 112 dwelling units in the proposed project. Dale Runkle reviewed the information that had been submitted, and further stated that another question that arose was whether the streets should be public or private. The setbacks would not be sufficient under the proposed plan if public right-of-way were required and thus the reason for the request for private right-of-way, but the developers do agree to install the streets with public street construction standards. In addition, the proposal is to build to the property line of I -35E in order to get adequate width to develop the property. It was noted there would be a gross density of 8.9 dwelling units per acre. Mr. Runkle noted the trade offs in regard to the type of develop- ment the City wants to have in the area, whether it be lower density or higher density in the event that the variances are not granted, are issues that the -• Planning Commission must decide. Mr. Hall stated that three letters have been 2 APC Minutes January 24, 1984 submitted to the City, including one from the Minnesota Department of Trans- portation regarding location of the fence along I -35E and two letters, with a petition in support of the project. Mr. Runkle also stated that the proposed project does not meet the mandatory requirements for an EAW but the City could, in its discretion, require the worksheet. A new diagram showing the area that would be taken for public street was displayed and Greg Du'Monceaux, the architect, appeared for the applicant and stated that if the project is not approved, the only other alternate for development would be an apartment type project. Karen Jensen, President of Meadowlark Homeowners Association No. 1 stated that her Association was opposed to apartment buildings and recommended a private street be installed. Jeff Johnson, a neighbor, stated that he was not opposed and had questions including whether a development contract would be entered into and whether the proposed plan will, in fact, ^e carried out. He also stated the neighboring owners wanted to be informed of the progress of the development, including whether any special signing or speed limits would be provided on the private streets. He stated the neigh- boring owners would prefer owner -occupied property but it was noted the City had no direct control over that type of provision. Member Krob had concerns about setbacks from streets and parking, but it was noted that parking does I� exceed the minimum city requirements. Member McCrea recommended the Minnesota Department of Transportation letter concerning moving the fence be part of the Development Agreement including maintenance of the property along the fence. Doris Wilkins recommended a public street to be looped through the development and the developer indicated that he would prefer a private street. Mr. Du'Monceaux stated that it was his opinion that the Homeowners Association would have greater control with lower maximum speeds in the event of a private street, and further stated that there would be two phases over approximately two years. Member Krob moved, McCrea seconded the motion to recommend approval of the application pursuant to the following conditions: 1. Approval of the variances in regard to setback from I -35E rights-of- way. 2. The Homeowners Association shall maintain the area between I -35E fence and the adjacent buildings which lies partially on MnDOT right-of-way. 3. A minimum of a 25 foot setback shall be required from the back of the curb to any dwelling unit or portion of dwelling unit in the development project. 4. A lot coverage variance not to exceed 2% shall be granted for the development. 5. A building setback variance shall be approved by the City along the 1-35E boundaries in order to permit structures at a zero lot setback where a minimum of 50 feet is required. 3 0 APC Minutes January 24, 1984 0 6. A private street loop shall be provided on proposed Lot l rather than a long, dead-end private street. 7. Concrete curbs shall be provided along the perimeter of all driving surfaces. 8. If individual units are to be sold, the developer shall provide a revised lot and block plan. In any instance, the developer shall provide a phasing plan. 9. The City attorney shall review and approve the proposed Articles of Incorporation, Hy -Laws and Restrictions of the Homeowner's Association to insure that proper access to a public street will be guaranteed for all properties and that the Association will maintain the private streets. 10. If the petitioner is requesting a model home and sales office, this shall be so designated as a part of the approval by the City with any appro- priate conditions related thereto. 11. Park dedication shall be satisfied in a manner determined by the City Council after review by the Eagan Park Committee. 12. A landscape plan shall be submitted for review by the City staff and approval by the City Council with the approval of the final plat and the existing two Homeowners Associations shall review the plan. The landscape plan, through vegetative screens and berming, shall provide additional noise attenuation related to I -35E where necessary and practical. 13. If installed privately, plans and specifications for utility and street construction shall be prepared by a registered engineer and submitted to the, Engineering Department for approval. 14. The private drives on Meadowlark Road shall form an intersection according to the eingeering plans approved by the City. 15. The existing right-of-way shall be vacated prior to final plat approval. 16. Easements shall be dedicated as required by the City. 17. This proposed development shall be responsible for trunk area storm sewer assessments at the rates in effect at the time of final plat approval. 18. All costs associated with.installing public improvements and private streets shall be the sole responsibility of this development. 19. Private streets shall be 32 feet wide and have concrete curb and gutter and bituminous surfacing according to City standards. 4 APC Minutes • January 24, 1984 I 20. No dead-end lateral water mains will be allowed. Mr. Mulrooney recommended that public right-of-way be provided based upon the reasons outlined by the Engineering staff, including more control over maintenance, police and fire protection and general public 'safety. Those in favor were McCrea, Hall, Krob and Wold; against were Wilkins, Mulrooney and Merkley. Member Mulrooney stated the only reason he voted against the motion was he favored the public right-of-way in the project, and otherwise favored the proposal. THE RENTAL PLACE - CONDITIONAL USE PERMIT The hearing regarding the application of Larry D. Pedersen for condi- tional use permit for The Rental Place for a pylon sign on Lot 1, Block 1, Barton McGray Addition was convened by Chairman Hall. Dale Runkle outlined the proposal and indicated that the conditional use permit had been granted for outside storage for the location of a rental business on the lot, and it appeared that the proposed sign would meet all the criteria of the sign ordinance including the 300 foot spacing from the existing Kinney Shoe Sign. Contact had been made with Kinney Shoe but no determination as to removal of the sign had yet been made. Mr. Pedersen was present and stated that he would comply with the 300 foot spacing. Mulrooney moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1.. All of the conditions regarding the Sign Ordinance shall be adhered to regarding height, size and distance from other pylon signs. 2. The sign shall be renewed yearly in accordance with the Sign Ordi- nance. All voted in favor. GEORGE & MIRIAM NALL - VARIANCE The hearing regarding the application of George and Miriam Nall for a variance for the keeping of horses on a 4 112 acre parcel of land zoned R-1 located at 3960 Pilot Knob Road was next convened. Dale Runkle detailed the application and noted that the applicant now is requesting that 5 horses be stabled on the property. A sketch showing the proposed fenced area on the north property line and a shed to the rear that would house the horses was reviewed by the Planning Commission. Alice and Ted Bolke were present and asked questions about the sheltering of horses and also the storage of numer- ous older cars on the east area of the property. Mrs. Nall stated the plan 5 APC Minutes • January 24, 1984 was to remove most of the cars and indicated that the property is being rented with the renters stabling the horses on the property. Questions concerning the size of the fenced area and the type of fence were asked by members Wilkins, and there were also concerns about the nearness of the property to Pilot Knob Road, the residential character of the neighborhood and the need for variance under the 5 acre minimum for agricultural purposes. Noting the objections that were submitted by neighboring owners, Mulrooney stated that there was no showing of any practical difficulties or hardships according to ordinance requirements and was also concerned about precedent problems and the fact that it was rental property. Krob moved, Mulrooney seconded the motion to recommend denial of the application based upon the concerns of the neigh- boring property owners, and that there was no hardship shown or practical difficulties. All voted in favor. PERRY KIEFFER - CONDITIONAL USE PERMIT The public hearing regarding the application of Perry Kieffer for condi- tional use permit for personal storage located at 3955 Dodd Road was brought before the Council. Dale Runkle stated that the Kieffer property is approxi- mately 5 acres and is presently a farmstead with a barn and new pole building constructed on the property. The City staff issued a permit in late 1983 for the pole barn noting that it was on agricultural property. Mr. Kieffer is a collector of antique cars and has a rental car business for which he has requested space to store some of the vehicles he presently owns himself or with his business. Mr. Kieffer was present and stated that he has approxi- mately 30 vehicles stored outside with 40 or 50 vehicles inside at the present time and not all are licensed. A neighboring owner had concerns as to whether the proposal would meet the ordinance guidelines. Mr. Kieffer stated that he would agree to license all of the automobiles if it was a requirement of the City and also may request a permit for an additional pole building in the near future. He also stated that he would agree with the annual renewal condi- tional use permit if the request was imposed. After discussion, McCrea moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. All vehicles stored on. the property shall either have collector's license plates or current license plates in order that a junkyard or that type of facility would not be created. 2. The conditional use permit shall be renewed at least every three years unless objections arise and the City determines that the ordinance' is not being complied with. 3. No more than 40 vehicles shall be stored outside at any one time. 4. The property shall not be used for commercial purposes. All voted in favor. 9 APC Minutes I• January 24, 1984 0 0 LEXINGTON SOUTH PUD The hearing concerning the application of James Curry for amendment to the Lexington South Planned Development to transfer densities from R-2 (Mixed Residential Densities) and R-3 (Mixed Residential Densities) on two parcels east of Lexington Avenue and north of County Road 1130 (Diffley Road) was next heard. Mr. Runkle explained the application and noted that the total dwelling units, according to minimum standards would be reduced from 1,368 to 1,008 units under the proposal. Jim Curry and Bruce Patterson of Suburban Engi- neering were present. Mr. Patterson reviewed some topographic constraints resulting in the amendment request and showed three concepts reflecting density and a fourth showing multiples with 12 to 36 units per building. A number of neighboring owners .:ere present with questions but no objections. The transition, according to :ie plan, would provide for R-2 to R-3 to R-4 as proposed. It was also requested that the Planned Development Agreement be revised to limit the specific number of units that would be permitted per parcel and that there be no shifting of densities in the future.' Chairman Hall stated that the potential for development would be about 1,764 units and i . the reduction would be to about 1,140 units if the maximum allowable were granted. McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. An amendment shall be initiated and the land use exhibits changed in the Lexington South Planned Development Agreement. 2. The densities shall be spelled out where Parcel 3 would be allowed to be transferred to an R -II land use with a maximum density of 528 dwelling units and that Parcel 3 have a land use of R -III (6-12 dwelling units) with no more than 480 total dwelling units approved on the overall site. It was also recommended that the owners of the parcels noted as excep- tions, should continue to monitor the development and attempt to provide for tie-ins of their parcels to future development. All voted in favor except Hall who abstained. 7 - APC Minutes • January 24, 1984 I 0 0 THE PrM - PRFLD"ARY PLAT The next hearing presented to the Planning Commission was the application of R.L.K. Corporation and Roger Kreidberg for preliminary plat approval of The Pines. The proposal is for 26 townhouse units located in Lot 11, Block 3, Hilltop Estates consisting of 3.6 acres north of Berry Ridge Road and east of Pilot Knob Road. Dale Runkle detailed the proposal with the Council and stated that Mr. Kreidberg submitted an application for preliminary plat approval in April of 1982. At that time, underground garages were proposed with only one building. The new application proposed two buildings and no underground garages but some detached and some attached garages. The zoning is R-3 and the maximum density allowed is 26.49 dwelling units with the project to consist of 18 two-bedroom units, 6 one -bedroom units and 2 three- bedroom units being marketed in the $60,000.00 to $75,000.00 price range. Topographic constraints on this parcel create some problems with its develop- ment. Staff recommended that the drive between the two buildings be widened in order that a fire truck could be turned around. Mr. Kreidberg and his architect from Arvid Elness Architects was present. Mr. Kriedberg stated they will retain nearly all of the pine trees and that they would accept the garage revision to allow greater space between the two buildings. Single phase •construction is planned with one building built at a time. One neighboring family was present and had concerns about the grade of Berry Ridge Road and it was noted that the Pilot Knob Road elevation may eventually be changed. Also, they had concerns about the additional traffic on Berry Ridge Road which potentially would be created from the site. Two. fire hydrants will be pro- vided on the site, according to the architect. No play areas are being proposed because the developer expects that there will be very few children in the units. There was considerable discussion concerning the recommendation of the engineering staff for a residential street equivalent assessment covering the 283 feet of frontage on Pilot Knob Road for future Pilot Knob Road up- grading. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Two lots shall be created in order that each building would fit on an individual lot. 2. The development agreement shall be completed prior to the construc- tion of any dwelling units. 3. A homeowner's association shall be established and the articles, declarations and bylaws shall be reviewed by the City Attorney prior to the submission of the final plat. 4. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be provided and not released until one year after the land- scaping has been completed. I_• 0 0 APC Minutes January 24, 1984 1 • I* 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts County Road right-of-way. 6. A detailed grading, drainage and erosion control plan must be sub- mitted for approval depicting the proposed measures to stabilize side slopes and disturbed areas. 7. A storm sewer detention ponding system shall be constructed in the NE 1/4 of this proposed development. 8. Adequate utility easements shall be provided over the water main hydrant lead extensions. 9. This development shall be responsible for its residential street equivalent assessment for the 283 feet of front footage adjacent Pilot Knob Road to cover future upgrading. The final escrow amount shall be determined utilizing 125% of .the residential street equivalent rate for multiple dwell- ings subject to reconsideration, modification or elimination by the City Council at the time of final plat approval. •10. That the garages on the east end of the West building shall he realligned to allow greater emergency vehicle turning area. All voted in favor, except Hall who opposed the provision regarding escrowing funds for future Pilot Knob Road upgrading and stated that the City has not required that in the past. Mulrooney then moved, Hall seconded the motion to request the staff undertake a study concerning the propriety and procedures of advanced collections for potential assessments for public im- provements, including street improvements prior to the improvements being installed and that the staff report its findings to the City Council. All voted in favor. SONSBT 4TH ADDITION - PRSLiKiNARY PLAT The application of Tri -Land Company and Bradley Swenson for preliminary plat approval of Sunset 4th Addition, consisting of approximately 15.16 acres with 32 single family lots in part of the Northwest quarter of the Northwest quarter of Section 25 south of Diffley Road, west of Saddlehorn Addition and north of Hackmore Drive was next heard. Dale Runkle introduced the project and noted the parcel is zoned Planned Development and is a part of Lexington South PD. The proposed land use is R -II with a density of 3 to 6 units per acre and the overall plat density would contain 2.2 dwelling units per acre. The minimum guidelines under R-1 zoning will be met in the proposal and it was noted the applicant is proposing a looped street, Sunset Drive, which would provide access to all of the single family lots south of Yorktown Place. Brad 9 E APC Minutes ieJanuary 24, 1984 0 Swenson and Jim Curry appeared for the applicant. Mr. Swenson explained the slope features and heavy tree cover on the south and stated there is little chance of the southerly portion of the lots being developed because of the slope. There are smaller lots to the north and larger residential lots to the south and it was suggested that the lot sizes make a reasonable transition. He stated that neighborhood meetings have been held and no objections have been received, in fact, neighbors generally approved the project. The owner of the property to the east appeared and supported the proposal as well as other property owners who were in support of the project. There was discussion concerning the proposal of the engineering staff to provide that the southerly lots be divided, including outlots on the south side of each lot to allow future development, also assessments for the possible extension of Hackmore Drive in the future. Member Krob stated that the Planning Commission and Council must listen to the staff recommendations and not only look at the immediate development but the long-term city responsibility, but also was aware of the transition from smaller to larger lots to the south. Mr. Sauter, an owner to the south, was present and stated that he may need access to Hackmore Drive extended if his land is subdivided. Wilkins moved, McCrea seconded the motion to recommend approval of the application subject to the following conditions: 1. All lots shall meet the minimum R-1 zoning criteria which is 85 -foot lot width and 12,000 square feet. 2. The applicant shall dedicate all easements as requested by City staff. 3. All other City ordinances shall be met. 4. A detailed grading and erosion control plan shall be submitted for staff review. 5. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 6. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset lst Addition. 7. This development shall be responsible for placing the gravel base for Yorktown Place. 8. A minimum 25 foot half right-of-way shall be dedicated for Hackmore Drive. 9. Utility and drainage easements shall be dedicated as referenced in this report. 10 APC Minutes January 24, 1984 10. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 11. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 12. Utilities shall be extended to the east line of Sunset lst Addition. All voted in favor except member Krob who voted no, indicating that he felt that the southern lots should be subdivided as recommended. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition consisting of approximately one acre containing two single family lots located on the west side of Dodd Road, immediately north of Saddlehorn Addition was next heard. Dale Runkle detailed the application and the City Public Works Department recommended that an overall plan for the land to the i west be submitted to provide for access to that parcel, which otherwise could be cut off except Dodd Road to the north and west. There were no objections to the application and the developer indicated that he would be willing to dedicate 25 feet along the north line for street access purposes, but re- quested that no street assessments be levied on the property for that street. The developer also asked, because of time constraints, that the Planning Commission recommend approval subject to the determination of the location of a street in the future. Mulrooney moved, Krob seconded the motion to continue the motion to the next regular meeting and instructed the developer and the staff to work toward a resolution of the access problem from the land to the west. All voted in favor. SHORELAND ORDINANCE Chairman Hall stated that an informal discussion of the proposed Shore - land Ordinance No. 77 will take place at the next regular Planning Commission meeting with a formal hearing concerning the ordinance at the regular March 1984 meeting. PHEASANT KNOLL - PRELIMINARY PLAT The staff indicated that attempts have been made to contact the developer !' of the proposed Pheasant Knoll plat with no success. McCrea moved, Mulrooney • seconded the motion to eliminate the application from the agenda and in the event the developer wishes to reappear, that a new application be submitted. All voted in favor. • APC Minutes IJanuary 24, 1984 0 PAST COMMTTEE MEMERS Member Krob suggested that the staff make a proposal as to recognizing past Advisory Planning Commission members. F]ICIlili ,w�IAI Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. All voted yes. 0 12 Secretary PHH