Loading...
06/26/1984 - City Council Regular9 • MINUTES OF A REGULAR MEETING OF THE ADVISORY'PLANNING COMMISSION EAGAN, MINNESOTA .TUNE 26, 1984 A regular meeting of the Eagan Aadvisory Planning Commission was held on June 26, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, Members Krob, Wold, McCrea, Bohne, Mulrooney and Wilkins. Absent was alternate Roy Taylor, Jr. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and City Attorney Hauge. AGENDA Krob moved, Wilkins seconded the motion to approve the Agenda as pre- pared. All voted yes. Wilkins moved, Wold seconded the motion to approve the minutes with the exception on page 1 of the regular meeting minutes of May 29, 1984 relating to Alan Drenckhahn, that the plat area consists of 0.68 acres rather than 6.68 acres. All voted yes. • JAMES REFRIGERATION CO. - CONDITIONAL USE PERMIT - PYLON SIGN The public hearing regarding the application of James Refrigeration Co. for conditional use permit for a pylon sign at Hilltop Plaza was convened by Chairman Charles Hall. The proposal is for a 20 -foot high pylon sign with an 88 square foot sign face area. Mr. Runkle reviewed the application with the Planning Commission and Richard Quanbeck appeared on behalf of the applicant. There were concerns about the diversity of the signs in the area and Mr. Quanbeck stated they are not proposing to name all tenants in the Center on the same sign. The sign might show different uses and Mr. Quanbeck stated that the signs along the adjacent road will be removed, including the video sign. There was concern about the empty corner lot yet to be developed and it was noted that theoretically, a pylon sign could be included for that site provided that setbacks are adhered to. Mr. Quanbeck tried to leave open the option for a future pylon sign for the corner lot. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. The pylon sign shall be located so that it does not obstruct drivers' vision. 2. The pylon sign shall be no more than 20 feet in height and no more than 88 square feet per side. 3. The pylon sign shall be located at least 10 feet from any property • line. 1 APC Minutes June 26, 1984 • 4. No other pylon signs shall be allowed for Hilltop Plaza. 5. The sign shall be in conformance with all other applicable ordi- nances. All voted in favor except McCrea who abstained. WN,STBDRY 2ND ADDITION - PRMIMARY PLAT The hearing regarding the application of Gabbert Development for preliminary plat approval of Westbury 2nd Addition which is a replat of a part of Westbury Addition was next convened. The proposal would include 29 single family lots and 8.2 acres of Westbury 1st Addition, formerly occupied by 36 duplex lots. The area is designated R -II under the Land Use Plan and the average lot size is 12,170 square feet with the smallest being 9,135 square feet. The shortest width frontage would,be 60 feet at the front setback line and the two phases would include 16 lots in the first phase and 13 lots in the second. Mr. Runkle stated that the proposal is consistent with the lot sizes in the overall development. David Gabbert, developer, appeared and indicated that twin homes across the street from single families affect the value of single families homes and also stated that the saleability and planning of the new proposal is more desirable. The underlying zoning is Agricultural and it was recommended to continue the same underlying zoning with the land use of R- • II to include an exhibit to indicate the single family use is now being proposed for the 2nd Addition. Member Wilkins recommended that Lots 4 through 12 be increased in size to at least 65 front footage and it was noted that the reason for the smaller lots was for economic reasons only, according to Mr. Gabbert. Mr. Mulrooney objected to reducing the lot size for financial purposes only. The minimum lot size in the balance of the plat is 55 feet by 140 feet, or 9,100 square feet, whereas the minimum lot size in the proposed Westbury 2nd Addition would be 60.9 foot frontage with 150 depth with about the same square footage. Mr. Wold stated that an architectural review committee should be required and there was concern about the removal of trees in the southeast area. Mr. Gabbert stated the lower area with trees must be mucked out and refilled for road and lot development purposes. The trail along Lexington Avenue will be within a 150 foot lot depth and located on private lots. It was recommended that the lot density not be shifted to another portion of the Lexington South PUD. Member McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. That the 65 foot front footage be the minimum frontge on any of the lots. 2. That the reduction of lots within this plat will not be allowed to increase the lot density in the balance of the Lexington South Planned Development. • 3. No other variances will be allowed in the subdivision. . 2 APC Minutes • June 26, 1984 4. All structures shall undergo a review of a private architectural board. 5. All structures shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. %, 6. No direct access from individual lots shall be taken from either Wescott Road or Lexington Avenue. 7. The developer shall, at its cost, be required to construct an asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. 8. A detailed landscape plan shall be submitted illustrating the rear yard screening along Wescott and Lexington. 9. If utilities and streets are to be installed under public contract, this development shall be responsible for petitioning the City for these improvements over phase two. 10. A 55 foot -half right of way shall be dedicated for Lexington Avenue. 11. A 10 -foot trailway easement shall be provided adjacent Lexington Avenue. • 12. Existing easement locations for sanitary sewer and storm sewer, as indicated. on the Westbury lst Addition plat, shall be maintained in their same locations. 13. This development shall be responsible for all costs resulting from the implementation of public improvements for this area. All voted in favor except Mulrooney who voted no, stating that financial reasons should not be the sole basis for lot size reduction and further that the Land Use Guide deems the property for R -II use as the most appropriate type of development and there is no reasonable basis for ,change. CEDAR CLIFF ADDITION.- PLANNED DEVELOPMENT - PRELIMINARY PLAT The hearing regarding the application of Federal Land Company for amend- ment to the Cedar Cliff Commercial development and revision to the preliminary plat for Cedar Cliff Commercial Park Addition was next brought before the Planning Commission. Chairman Hall opened the hearing and Dale Runke explained the background, including the recent revision to the preliminary plat in 1984. He noted the changes that were incorporated from the last preliminary plat, including no access from Scott Trail, a bank in the south- east corner and covered gas pumps along the west side of the commercial building. Trash receptacles will be enclosed within the shopping center building. One new issue has arisen in that the WAYL radio station owners are concerned about the construction materials in the center and potential antenna that could obstruct the radio station. 3 APC Minutes June 26, 1984 • All members voted in favor. Wilkins then moved, Krob seconded the motion to approve the application for amendment of the planned development with the revised site plan included as 'the main land use exhibit to the planned development agreement. All voted yes. BLACKHANK OAKS ADDITION - PRELIMINARY PLAT & REZONING AND BLACKRAYK LAKE ADDITION - PRELIMINARY PLAT & VARIANCE The hearing regarding the application of Norse Development by Peter Stalland covering four applications, including rezoning approximately 13.2 acres from PD to R-1 and preliminary plat approval of Blackhawk Oaks Addition with 27 single family lots; the application for preliminary plat approval for Blackhawk Lake Addition consisting of 6.0 acres for four single family lots and an application for variance to allow 12% slope on the private access drive proposed for Blackhawk Lake Addition was next convened. Chairman Hall stated that two letters have been received, including a petition from a number of neighboring property owners in favor of the application and a letter from John and Marilyn Porter favoring the applications. Dale Runkle reviewed the four applications and stated that Blackhawk Oaks Addition property had been rezoned to Planned Development and is now being proposed to be changed to single family district. The plat will contain 27 single family lots with a gross density of 2.0 units per acre with all lots meeting the minimum requirements. There was considerable discussion concerning access to Blackhawk Lake • Addition, including the use of the northwest corner of Blackhawk Park and it was proposed by the developer to build a 20 foot private drive using a portion of the park or 12 foot private drive, if the park land would not be used for that purpose. A retaining wall would be required and construction easement also for the construction of the 12 foot private drive. The Advisory Park Commission has met and discussed the proposal and has recommended against the use of the park property for the private driveway. No sewer and water is proposed to the Blackhawk Lake Addition because of the very rugged terrain, although water may be extended to the Addition. Peter Stalland was present, as was Bill Maurer of Probe Engineering for the applicant. Mr. Stalland stated that if the City were to dedicate 2,000 square feet of the corner of the park land for the private drive, that Outlot D of Blackhawk Lake Addition consisting of 9,000 square feet would be dedicated to the. City. He also indicated fewer trees if the northwest corner could be used for the drive. Iver Sorenson, a neighbor, appeared and stated that virtually all neighbors favored the development but recommended against an access to the park in the general area. Wesley Carlson, a neighbor'on Palisade Point, objected to the height of the proposed residential home to be located on the lot to the north of his property and was concerned about drainage. It was noted, however, that drainage pattern will not change and drainage on the north side of the house would drain to the street. A variance was requested for a 12% grade and flat areas generally at the top and bottom of the private driveway would be provided. Member Wilkins questioned whether the five -acre minimum is required by the PCA for septic tank, but Mr. Hefti indicated he understood that a one acre parcel would suffice. The City also has some • policies concerning septic tank system installation, including. compliance with WPC -40 regulations. There were concerns about fire and police access on the n • APC Minutes June 26, 1984 Charles Bartholdi appeared for Federal Land Company and reviewed the application, as did Vernon and Martin Colon. It was indicated that Dakota County has now approved all of the proposed access points to Cliff Road and Nicols Road and that 120 to 200 pine trees at 10 foot intervals will be placed on the proposed berm, including sumac bushes. Dawn and Mark Simpson appeared as neighboring residents with objections and stated they spoke on behalf of several neighbors who were not able to be present, particularly objecting to the proposed bank and the gas pumps. They also indicated that the development is totally different from that previously approved by the City. Peter Beck, attorney, appeared on behalf of the WAYL-FM and KKSS-AM radio stations and stated that this type construction could affect the broadcast signal, but that they had no objections at the present time. They are simply protecting the station from any adverse effect in the future and also indi- cated that it appeared that an agreement will be entered into with the developers concerning the construction materials. He recommended that a provision be included in the planned development or development agreement reflecting the limitation on the number of antennas on the buildings. Martin Colon appeared and stated that there has been an attempt to be consistent architecturally and that the buildings have long-term utilization. There is a sign band on the front facie and there will be standard sign criteria. One pylon sign is being proposed on the corner. The development would include drug store, convenience center, women's hair salon, children's • barber shop, children's clothing store, etc. There would be four gas pumps with one canopy on one island. Member Krob was concerned about the policy of service bays with gas pumps currently utilized by the City. There was also discussion about the antenna being no higher than 45 feet above ground. It was noted there had been no neighborhood meeting with Federal Land Company. Vernon Colon stated that the developer would proceed and exclude the gas facility and the bank at the present time. Member Wold stated he felt the neighbors should have been contacted and given adequate input prior to the meeting. Mr. James Durning appeared and stated the concerns over the Scott Trail access and the hours in the commercial center were resolved during the previous application process. Dawn Simpson indicated that the neighbors were lead to believe that there would be much less heavy commercial use of the property. Further, the Outlot owned by Mr. Durning would retain a similar architectural theme. Wilkins moved, Krob seconded the motion to recommend approval of the application for preliminary plat approval with the following conditions: 1. No gas pumps will be allowed within the plat. 2. Hours will be from 7:00 a.m. to 1:00 a.m. 3• There shall be a common architectural theme throughout the entire commercial use area including the outlot. 4. The developer shall meet with the residents prior to Council • consideration with a tentative meeting being scheduled for 4:00 p.m. July 1, 4 0 0 APC Minutes June 26, 1984 • 1984 at the Yankee Square Inn. 5. No more than one antenna per building will be allowed on top of each building unless specifically approved by the City. 6. The bank will be held in abeyance for the present. 7. A revised Planned Development Agreement shall be entered into and this revised site plan shall be the main land use exhibit with this Planned Development Agreement. 8. The first phase development shall meet all of the City Code require- ments regarding lot coverage, setbacks, etc., also the architectural exhibit shall be included as exhibits to the Planned Development Agreement in order that the buildings are constructed as they are presented to the City. 9. The plat shall be subject to the Park Commission's review and com- ment regarding park dedication for commercial property. 10. A detailed grading of berms along the northern edge of the property shall be constructed with the first phase of the development. 11. The plat shall also be subject to Dakota County Plat Commission's review and comment because the plat abuts County right-of-way. • 12. Detailed landscape, grading plan and erosion control plan shall be submitted and approved by City staff prior to construction. 13. All other City ordinances shall be adhered to. 14. Access to proposed shopping center off of Nicols between proposed public street and Cliff Road shall be designated as right -in, right -out traffic movements. 15. An 8 -foot bituminous trailway adjacent this development's west and south boundaries shall be the responsibility of this development. 16. A 5 -foot concrete sidewalk shall be required along one side of the proposed internal street. 17. Easements shall be dedicated as referenced in the Engineering Report. 19. This development shall accept its responsibility for upgrading the trunk water area assessment as referenced in the Engineering Report. 20. This development shall accept its responsibility for lateral benefit for trunk watermain as referenced in the Engineering Report. 21. This development shall be responsible for all costs associated with • installation of public improvements. P11 APC Minutes June 26, 1984 • 12 foot street and it was recommended that in any event, a hammerhead be constructed at the east end of the cul-de-sac. Ken Zero of Solar Homes, which is a joint venturer in the project, also appeared and indicated that the developers will review the architectural plans for all of the homes. Wold moved and Wilkins seconded the motion for approval of the application for preliminary plat approval of Blackhawk Lake Addition, subject to the following: 1. The plat shall be subject to review by the Park Committee and resolution of the access into!Blackhawk Lake Addition. 2. A development agreement shall be executed prior to final plat approval. 3. The private drive slope variance shall be subject to review and approval of the City Engineering Department. 4. A minimum setback of 75 feet shall be maintained from the high water level of Blackhawk Lake for any building. 5. All applicable City ordinances shall be adhered to. 6. An adequate turnaround at the end of the private drive in Blackhawk • Oaks Addition shall be installed with City approval. 7. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 8. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 9. If public improvements installed privately, then the plans and specs shall be prepared by a registered engineer and approved by the City engineering department. 10. This development shall be responsible for extending sanitary sewer from Silver Bell Road to the west line of the development. 11. The developer shall submit a detailed grading and erosion and sediment control plan to the City in accordance with City policy for review and approval. 12. The sanitary sewer septic system shall be constructed in accordance with the Minnesota Pollution Control Agency Regulation WPC -40. 13. A homeowners association shall be organized and the restrictions and articles shall be submitted to the City for approval and such association shall adequately control maintenance and use of all outlots including those utilized for the access. • 14. The developer will organize an architectural review committee to 7 0 0 APC Minutes is June 26, 1984 review plans for all homes. • 15. The APC recommends a 20 -foot drive with dedication of Outlot D to the City with grant of a portion of the park land to the developer. All voted in favor. Wold moved, Wilkins seconded the motion to recommend approval of the application for rezoning of Blackhawk Oaks Addition from Planned Development to R-1 Single Family District, subject to compliance with the zoning ordinance. All voted yea. Next Wold moved, Mulrooney seconded the motion to approve the application for approval of the preliminary plat for Blackhawk Oaks Addition, subject to the following conditions: 1. A development agreement shall be executed prior to final plat approval. 2. All applicable City ordinances shall be adhered to. 3. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 4. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 5. Concrete curb and gutter shall be constructed along the East side of Blackhawk Road abutting this development. 6. The developer shall construct storm sewer with catch basins at the intersection of Blackhawk Road and proposed Riverton Avenue to pick up the surface drainage from this proposed plat. 7. A homeowners association shall be organized and the restrictions and articles shall be submitted to the City for approval and such association shall adequately control maintenance and use of all outlots including those utilized for the access. 8. The developer will organize an architectural review committee (for each plat) to review plans for all homes. All voted yes. Wold moved, McCrea seconded the motion to recommend approval of the application of 12% slope variance for the private access drive for Blackhawk Lake Addition. All voted yes. [] 0 0 APC Minutes June 26, 1984 HAEG FIRST ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Mr. and Mrs. Eugene Haeg to rezone 5 acres of land from A (Agricultural) to R-1 (Residential District) and for preliminary plat approval of Haeg Addition consisting of 8 single famiy lots on the 5 acre parcel was next brought before the Planning Commission members. Mr. & Mrs. Haeg were present and Dale Runkle detailed the application for the Commission. Existing zoning is Agricultural with one home on the 5 acre lot. The proposal is to provide for 4 lots on Hackmore Drive in the first phase and 4 lots on Dodd Road in the second phase. There were no objections to the application and after discussion, McCrea moved, Wilkins seconded the motion to recommend to the City Council approval of the application for preliminary plat, subject to the following conditions: 1. The plat shall be subject to the Park Commission's review for park dedication. 2. A development agreement shall be entered into and signed by the applicant prior to Final Plat application. 3. All setback and lot size requirements shall be adhered to. 4'. All other applicable ordinances shall be adhered to. • 5. The applicant shall submit a detailed grading and erosion and sediment control plan to the City in accordance with City policy for review and approval. 6. Utility and drainage easements shall be dedicated as referenced in the engineering report. 7. The driveway entrances of Phase II shall be constructed so that lots 1 and 2 have a common driveway and lots 3 and 4 have a common driveway to Dodd Road. 8. This development shall be responsible for the trunk storm sewer area assessments at the rate in effect at the time of final platting. 9. Sanitary sewer shall be extended from Hackmore Drive to Phase 2 when developed. All voted yes. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A (Agricultural District) to R-1 (Residential District) subject to compliance with the zoning ordinance. A11 voted yes. SUNSET SIXTH ADDITION - PRELIMINARY PLAT The application of Swe-Dun, Inc. and Brad Swenson for preliminary plat approval for Sunset Sixth Addition was brought in the form of a hearing before 9 0 0 APC Minutes June 26, 1984 the Advisory Planning Commission. The application would provide for 29 single family lots on 9.6 acres and would be located between Diffley Road and Yorktown Place, 1,200 feet west of Dodd Road. Brad Swenson, Jim Curry and Laura Marks were present on behalf of the applicant. The land is zoned Planned Development under the Lexington South Planned Development and the proposed land use is R -II on a portion of the property and R -I on approximately half of the parcel. Twenty-nine principally small lots single family homes are being proposed on the 9.6 acres with the average lot size of 10,920 square feet and the smallest lot being 7,800 square feet. The minimum lot width would be 65 feet and the average lot width 70 feet. Mr. Runkle had explained the project noting there were some deviations from lot sizes. Several neighbors who were present spoke, including Dick Joos of 7980 Diffley Road. He was somewhat concerned about the smaller lot sizes but had no strong objections. There were concerns by member Krob about how well the small lot plats had developed. Mr. Curry indicated there was an attempt to blend the larger lots with some smaller lots but it was noted that the City policy has generally been that small lots would be in areas designated R -II land use. Mr. Mulrooney stated that if the reason for small lots is financial, that he would object to the reduction in lot sizes. All but four lots are below the minimum lot size. There were concerns about abutting subdivisions all complying with minimum lot requirements and it was recommended that all lots except those • abutting County Road 30 be increased in size to comply with minimum standards. Wold then moved, Mulrooney seconded the motion to recommend denial of the application for the following reasons: 1. That small lots be located only where the land use desigantion is R - II and it was noted that part of the subject property is R -I land use. 2. The development would not be compatible with surrounding subdivisions which generally conform with minimum requirements. 3. The smaller lots should not be approved for financial reasons only. The developer then requested a continuance to relook at the plat to provide for lots that would conform with minimum standards. Wold withdrew the motion. Mulrooney moved, Hall seconded the motion to continue the hearing until the next regular meeting to allow further study of the lot sizes and to review the concerns of the Planning Commission members. All voted in favor. �1;(tyk-LaT,'7ch: 0 APC Minutes June 26, 1984 John Owenschlager, the owner of the exception to the parcel, appeared and objected. He requested buffering, stated that he would have security problems, and that his property'value would be decreased. There were also objections from other single family owners in the general area concerning the high density proposed. There was a suggestion that offices be built along the areas abutting single family uses on the east. Mark Ravich, the developer of the apartment complex to the west of Lexington Avenue, was present and indicated that he would develop the initial convenience center. Mr. Curry indicated that the proposal is to downgrade the density of the property from CSC to a'portion of the property being Neighborhood Business and Limited Business. There were objections to the CSC property abutting the single family on the east and it was noted that the center and eastern portion of the project would include community shopping center uses. There were also concerns expressed about the City ordinance requirement for a 20,000 square foot minimum initial development in CSC zoned areas, but it was noted that the initial development would be in a Neighborhood Business district. _Member Bohn objected to the small convenience use as the first development on the 178 -acre site. Mr. Curry stated that berming would be provided around the property noted as an exception and expected eventually that the property would be used for commercial purposes. Member Hall had concerns about the Wescott Hills Road configuration, the • high school location to the north, the amount of Limited Business and Neighborhood Business zoning proposed, and suggested that John Voss, the consulting planner, review the application. Hall then moved, Mulrooney seconded the motion, to continue the application until the next regular meeting and requested that John Voss be requested to review the application and make recommendations to the Council concerning the entire site and also that Mark Ravich be authorized to submit an application for the construction of the convenience center. All voted in favor. • Upon motion duly made by Wilkins, seconded by McCrae, the meeting was adjourned at 12:45 p.m. 11 � -'�/ Secretary 1 109-P G, PHH 9 • MINUTES OF A REGULAR MEETING OF THE ADVISORY'PLANNING COMMISSION EAGAN, MINNESOTA .TUNE 26, 1984 A regular meeting of the Eagan Aadvisory Planning Commission was held on June 26, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, Members Krob, Wold, McCrea, Bohne, Mulrooney and Wilkins. Absent was alternate Roy Taylor, Jr. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and City Attorney Hauge. AGENDA Krob moved, Wilkins seconded the motion to approve the Agenda as pre- pared. All voted yes. Wilkins moved, Wold seconded the motion to approve the minutes with the exception on page 1 of the regular meeting minutes of May 29, 1984 relating to Alan Drenckhahn, that the plat area consists of 0.68 acres rather than 6.68 acres. All voted yes. • JAMES REFRIGERATION CO. - CONDITIONAL USE PERMIT - PYLON SIGN The public hearing regarding the application of James Refrigeration Co. for conditional use permit for a pylon sign at Hilltop Plaza was convened by Chairman Charles Hall. The proposal is for a 20 -foot high pylon sign with an 88 square foot sign face area. Mr. Runkle reviewed the application with the Planning Commission and Richard Quanbeck appeared on behalf of the applicant. There were concerns about the diversity of the signs in the area and Mr. Quanbeck stated they are not proposing to name all tenants in the Center on the same sign. The sign might show different uses and Mr. Quanbeck stated that the signs along the adjacent road will be removed, including the video sign. There was concern about the empty corner lot yet to be developed and it was noted that theoretically, a pylon sign could be included for that site provided that setbacks are adhered to. Mr. Quanbeck tried to leave open the option for a future pylon sign for the corner lot. Mulrooney moved, Krob seconded the motion to recommend approval of the application, subject to the following conditions: 1. The pylon sign shall be located so that it does not obstruct drivers' vision. 2. The pylon sign shall be no more than 20 feet in height and no more than 88 square feet per side. 3. The pylon sign shall be located at least 10 feet from any property • line. 1 APC Minutes June 26, 1984 • 4. No other pylon signs shall be allowed for Hilltop Plaza. 5. The sign shall be in conformance with all other applicable ordi- nances. All voted in favor except McCrea who abstained. WN,STBDRY 2ND ADDITION - PRMIMARY PLAT The hearing regarding the application of Gabbert Development for preliminary plat approval of Westbury 2nd Addition which is a replat of a part of Westbury Addition was next convened. The proposal would include 29 single family lots and 8.2 acres of Westbury 1st Addition, formerly occupied by 36 duplex lots. The area is designated R -II under the Land Use Plan and the average lot size is 12,170 square feet with the smallest being 9,135 square feet. The shortest width frontage would,be 60 feet at the front setback line and the two phases would include 16 lots in the first phase and 13 lots in the second. Mr. Runkle stated that the proposal is consistent with the lot sizes in the overall development. David Gabbert, developer, appeared and indicated that twin homes across the street from single families affect the value of single families homes and also stated that the saleability and planning of the new proposal is more desirable. The underlying zoning is Agricultural and it was recommended to continue the same underlying zoning with the land use of R- • II to include an exhibit to indicate the single family use is now being proposed for the 2nd Addition. Member Wilkins recommended that Lots 4 through 12 be increased in size to at least 65 front footage and it was noted that the reason for the smaller lots was for economic reasons only, according to Mr. Gabbert. Mr. Mulrooney objected to reducing the lot size for financial purposes only. The minimum lot size in the balance of the plat is 55 feet by 140 feet, or 9,100 square feet, whereas the minimum lot size in the proposed Westbury 2nd Addition would be 60.9 foot frontage with 150 depth with about the same square footage. Mr. Wold stated that an architectural review committee should be required and there was concern about the removal of trees in the southeast area. Mr. Gabbert stated the lower area with trees must be mucked out and refilled for road and lot development purposes. The trail along Lexington Avenue will be within a 150 foot lot depth and located on private lots. It was recommended that the lot density not be shifted to another portion of the Lexington South PUD. Member McCrea moved, Wilkins seconded the motion to recommend approval of the application, subject to the following conditions: 1. That the 65 foot front footage be the minimum frontge on any of the lots. 2. That the reduction of lots within this plat will not be allowed to increase the lot density in the balance of the Lexington South Planned Development. • 3. No other variances will be allowed in the subdivision. . 2 APC Minutes • June 26, 1984 4. All structures shall undergo a review of a private architectural board. 5. All structures shall meet the minimum setback requirements established in Chapter 11 of the Eagan City Code. %, 6. No direct access from individual lots shall be taken from either Wescott Road or Lexington Avenue. 7. The developer shall, at its cost, be required to construct an asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. 8. A detailed landscape plan shall be submitted illustrating the rear yard screening along Wescott and Lexington. 9. If utilities and streets are to be installed under public contract, this development shall be responsible for petitioning the City for these improvements over phase two. 10. A 55 foot -half right of way shall be dedicated for Lexington Avenue. 11. A 10 -foot trailway easement shall be provided adjacent Lexington Avenue. • 12. Existing easement locations for sanitary sewer and storm sewer, as indicated. on the Westbury lst Addition plat, shall be maintained in their same locations. 13. This development shall be responsible for all costs resulting from the implementation of public improvements for this area. All voted in favor except Mulrooney who voted no, stating that financial reasons should not be the sole basis for lot size reduction and further that the Land Use Guide deems the property for R -II use as the most appropriate type of development and there is no reasonable basis for ,change. CEDAR CLIFF ADDITION.- PLANNED DEVELOPMENT - PRELIMINARY PLAT The hearing regarding the application of Federal Land Company for amend- ment to the Cedar Cliff Commercial development and revision to the preliminary plat for Cedar Cliff Commercial Park Addition was next brought before the Planning Commission. Chairman Hall opened the hearing and Dale Runke explained the background, including the recent revision to the preliminary plat in 1984. He noted the changes that were incorporated from the last preliminary plat, including no access from Scott Trail, a bank in the south- east corner and covered gas pumps along the west side of the commercial building. Trash receptacles will be enclosed within the shopping center building. One new issue has arisen in that the WAYL radio station owners are concerned about the construction materials in the center and potential antenna that could obstruct the radio station. 3 APC Minutes June 26, 1984 • All members voted in favor. Wilkins then moved, Krob seconded the motion to approve the application for amendment of the planned development with the revised site plan included as 'the main land use exhibit to the planned development agreement. All voted yes. BLACKHANK OAKS ADDITION - PRELIMINARY PLAT & REZONING AND BLACKRAYK LAKE ADDITION - PRELIMINARY PLAT & VARIANCE The hearing regarding the application of Norse Development by Peter Stalland covering four applications, including rezoning approximately 13.2 acres from PD to R-1 and preliminary plat approval of Blackhawk Oaks Addition with 27 single family lots; the application for preliminary plat approval for Blackhawk Lake Addition consisting of 6.0 acres for four single family lots and an application for variance to allow 12% slope on the private access drive proposed for Blackhawk Lake Addition was next convened. Chairman Hall stated that two letters have been received, including a petition from a number of neighboring property owners in favor of the application and a letter from John and Marilyn Porter favoring the applications. Dale Runkle reviewed the four applications and stated that Blackhawk Oaks Addition property had been rezoned to Planned Development and is now being proposed to be changed to single family district. The plat will contain 27 single family lots with a gross density of 2.0 units per acre with all lots meeting the minimum requirements. There was considerable discussion concerning access to Blackhawk Lake • Addition, including the use of the northwest corner of Blackhawk Park and it was proposed by the developer to build a 20 foot private drive using a portion of the park or 12 foot private drive, if the park land would not be used for that purpose. A retaining wall would be required and construction easement also for the construction of the 12 foot private drive. The Advisory Park Commission has met and discussed the proposal and has recommended against the use of the park property for the private driveway. No sewer and water is proposed to the Blackhawk Lake Addition because of the very rugged terrain, although water may be extended to the Addition. Peter Stalland was present, as was Bill Maurer of Probe Engineering for the applicant. Mr. Stalland stated that if the City were to dedicate 2,000 square feet of the corner of the park land for the private drive, that Outlot D of Blackhawk Lake Addition consisting of 9,000 square feet would be dedicated to the. City. He also indicated fewer trees if the northwest corner could be used for the drive. Iver Sorenson, a neighbor, appeared and stated that virtually all neighbors favored the development but recommended against an access to the park in the general area. Wesley Carlson, a neighbor'on Palisade Point, objected to the height of the proposed residential home to be located on the lot to the north of his property and was concerned about drainage. It was noted, however, that drainage pattern will not change and drainage on the north side of the house would drain to the street. A variance was requested for a 12% grade and flat areas generally at the top and bottom of the private driveway would be provided. Member Wilkins questioned whether the five -acre minimum is required by the PCA for septic tank, but Mr. Hefti indicated he understood that a one acre parcel would suffice. The City also has some • policies concerning septic tank system installation, including. compliance with WPC -40 regulations. There were concerns about fire and police access on the n • APC Minutes June 26, 1984 Charles Bartholdi appeared for Federal Land Company and reviewed the application, as did Vernon and Martin Colon. It was indicated that Dakota County has now approved all of the proposed access points to Cliff Road and Nicols Road and that 120 to 200 pine trees at 10 foot intervals will be placed on the proposed berm, including sumac bushes. Dawn and Mark Simpson appeared as neighboring residents with objections and stated they spoke on behalf of several neighbors who were not able to be present, particularly objecting to the proposed bank and the gas pumps. They also indicated that the development is totally different from that previously approved by the City. Peter Beck, attorney, appeared on behalf of the WAYL-FM and KKSS-AM radio stations and stated that this type construction could affect the broadcast signal, but that they had no objections at the present time. They are simply protecting the station from any adverse effect in the future and also indi- cated that it appeared that an agreement will be entered into with the developers concerning the construction materials. He recommended that a provision be included in the planned development or development agreement reflecting the limitation on the number of antennas on the buildings. Martin Colon appeared and stated that there has been an attempt to be consistent architecturally and that the buildings have long-term utilization. There is a sign band on the front facie and there will be standard sign criteria. One pylon sign is being proposed on the corner. The development would include drug store, convenience center, women's hair salon, children's • barber shop, children's clothing store, etc. There would be four gas pumps with one canopy on one island. Member Krob was concerned about the policy of service bays with gas pumps currently utilized by the City. There was also discussion about the antenna being no higher than 45 feet above ground. It was noted there had been no neighborhood meeting with Federal Land Company. Vernon Colon stated that the developer would proceed and exclude the gas facility and the bank at the present time. Member Wold stated he felt the neighbors should have been contacted and given adequate input prior to the meeting. Mr. James Durning appeared and stated the concerns over the Scott Trail access and the hours in the commercial center were resolved during the previous application process. Dawn Simpson indicated that the neighbors were lead to believe that there would be much less heavy commercial use of the property. Further, the Outlot owned by Mr. Durning would retain a similar architectural theme. Wilkins moved, Krob seconded the motion to recommend approval of the application for preliminary plat approval with the following conditions: 1. No gas pumps will be allowed within the plat. 2. Hours will be from 7:00 a.m. to 1:00 a.m. 3• There shall be a common architectural theme throughout the entire commercial use area including the outlot. 4. The developer shall meet with the residents prior to Council • consideration with a tentative meeting being scheduled for 4:00 p.m. July 1, 4 0 0 APC Minutes June 26, 1984 • 1984 at the Yankee Square Inn. 5. No more than one antenna per building will be allowed on top of each building unless specifically approved by the City. 6. The bank will be held in abeyance for the present. 7. A revised Planned Development Agreement shall be entered into and this revised site plan shall be the main land use exhibit with this Planned Development Agreement. 8. The first phase development shall meet all of the City Code require- ments regarding lot coverage, setbacks, etc., also the architectural exhibit shall be included as exhibits to the Planned Development Agreement in order that the buildings are constructed as they are presented to the City. 9. The plat shall be subject to the Park Commission's review and com- ment regarding park dedication for commercial property. 10. A detailed grading of berms along the northern edge of the property shall be constructed with the first phase of the development. 11. The plat shall also be subject to Dakota County Plat Commission's review and comment because the plat abuts County right-of-way. • 12. Detailed landscape, grading plan and erosion control plan shall be submitted and approved by City staff prior to construction. 13. All other City ordinances shall be adhered to. 14. Access to proposed shopping center off of Nicols between proposed public street and Cliff Road shall be designated as right -in, right -out traffic movements. 15. An 8 -foot bituminous trailway adjacent this development's west and south boundaries shall be the responsibility of this development. 16. A 5 -foot concrete sidewalk shall be required along one side of the proposed internal street. 17. Easements shall be dedicated as referenced in the Engineering Report. 19. This development shall accept its responsibility for upgrading the trunk water area assessment as referenced in the Engineering Report. 20. This development shall accept its responsibility for lateral benefit for trunk watermain as referenced in the Engineering Report. 21. This development shall be responsible for all costs associated with • installation of public improvements. P11 APC Minutes June 26, 1984 • 12 foot street and it was recommended that in any event, a hammerhead be constructed at the east end of the cul-de-sac. Ken Zero of Solar Homes, which is a joint venturer in the project, also appeared and indicated that the developers will review the architectural plans for all of the homes. Wold moved and Wilkins seconded the motion for approval of the application for preliminary plat approval of Blackhawk Lake Addition, subject to the following: 1. The plat shall be subject to review by the Park Committee and resolution of the access into!Blackhawk Lake Addition. 2. A development agreement shall be executed prior to final plat approval. 3. The private drive slope variance shall be subject to review and approval of the City Engineering Department. 4. A minimum setback of 75 feet shall be maintained from the high water level of Blackhawk Lake for any building. 5. All applicable City ordinances shall be adhered to. 6. An adequate turnaround at the end of the private drive in Blackhawk • Oaks Addition shall be installed with City approval. 7. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 8. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 9. If public improvements installed privately, then the plans and specs shall be prepared by a registered engineer and approved by the City engineering department. 10. This development shall be responsible for extending sanitary sewer from Silver Bell Road to the west line of the development. 11. The developer shall submit a detailed grading and erosion and sediment control plan to the City in accordance with City policy for review and approval. 12. The sanitary sewer septic system shall be constructed in accordance with the Minnesota Pollution Control Agency Regulation WPC -40. 13. A homeowners association shall be organized and the restrictions and articles shall be submitted to the City for approval and such association shall adequately control maintenance and use of all outlots including those utilized for the access. • 14. The developer will organize an architectural review committee to 7 0 0 APC Minutes is June 26, 1984 review plans for all homes. • 15. The APC recommends a 20 -foot drive with dedication of Outlot D to the City with grant of a portion of the park land to the developer. All voted in favor. Wold moved, Wilkins seconded the motion to recommend approval of the application for rezoning of Blackhawk Oaks Addition from Planned Development to R-1 Single Family District, subject to compliance with the zoning ordinance. All voted yea. Next Wold moved, Mulrooney seconded the motion to approve the application for approval of the preliminary plat for Blackhawk Oaks Addition, subject to the following conditions: 1. A development agreement shall be executed prior to final plat approval. 2. All applicable City ordinances shall be adhered to. 3. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 4. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 5. Concrete curb and gutter shall be constructed along the East side of Blackhawk Road abutting this development. 6. The developer shall construct storm sewer with catch basins at the intersection of Blackhawk Road and proposed Riverton Avenue to pick up the surface drainage from this proposed plat. 7. A homeowners association shall be organized and the restrictions and articles shall be submitted to the City for approval and such association shall adequately control maintenance and use of all outlots including those utilized for the access. 8. The developer will organize an architectural review committee (for each plat) to review plans for all homes. All voted yes. Wold moved, McCrea seconded the motion to recommend approval of the application of 12% slope variance for the private access drive for Blackhawk Lake Addition. All voted yes. [] 0 0 APC Minutes June 26, 1984 HAEG FIRST ADDITION - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Mr. and Mrs. Eugene Haeg to rezone 5 acres of land from A (Agricultural) to R-1 (Residential District) and for preliminary plat approval of Haeg Addition consisting of 8 single famiy lots on the 5 acre parcel was next brought before the Planning Commission members. Mr. & Mrs. Haeg were present and Dale Runkle detailed the application for the Commission. Existing zoning is Agricultural with one home on the 5 acre lot. The proposal is to provide for 4 lots on Hackmore Drive in the first phase and 4 lots on Dodd Road in the second phase. There were no objections to the application and after discussion, McCrea moved, Wilkins seconded the motion to recommend to the City Council approval of the application for preliminary plat, subject to the following conditions: 1. The plat shall be subject to the Park Commission's review for park dedication. 2. A development agreement shall be entered into and signed by the applicant prior to Final Plat application. 3. All setback and lot size requirements shall be adhered to. 4'. All other applicable ordinances shall be adhered to. • 5. The applicant shall submit a detailed grading and erosion and sediment control plan to the City in accordance with City policy for review and approval. 6. Utility and drainage easements shall be dedicated as referenced in the engineering report. 7. The driveway entrances of Phase II shall be constructed so that lots 1 and 2 have a common driveway and lots 3 and 4 have a common driveway to Dodd Road. 8. This development shall be responsible for the trunk storm sewer area assessments at the rate in effect at the time of final platting. 9. Sanitary sewer shall be extended from Hackmore Drive to Phase 2 when developed. All voted yes. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A (Agricultural District) to R-1 (Residential District) subject to compliance with the zoning ordinance. A11 voted yes. SUNSET SIXTH ADDITION - PRELIMINARY PLAT The application of Swe-Dun, Inc. and Brad Swenson for preliminary plat approval for Sunset Sixth Addition was brought in the form of a hearing before 9 0 0 APC Minutes June 26, 1984 the Advisory Planning Commission. The application would provide for 29 single family lots on 9.6 acres and would be located between Diffley Road and Yorktown Place, 1,200 feet west of Dodd Road. Brad Swenson, Jim Curry and Laura Marks were present on behalf of the applicant. The land is zoned Planned Development under the Lexington South Planned Development and the proposed land use is R -II on a portion of the property and R -I on approximately half of the parcel. Twenty-nine principally small lots single family homes are being proposed on the 9.6 acres with the average lot size of 10,920 square feet and the smallest lot being 7,800 square feet. The minimum lot width would be 65 feet and the average lot width 70 feet. Mr. Runkle had explained the project noting there were some deviations from lot sizes. Several neighbors who were present spoke, including Dick Joos of 7980 Diffley Road. He was somewhat concerned about the smaller lot sizes but had no strong objections. There were concerns by member Krob about how well the small lot plats had developed. Mr. Curry indicated there was an attempt to blend the larger lots with some smaller lots but it was noted that the City policy has generally been that small lots would be in areas designated R -II land use. Mr. Mulrooney stated that if the reason for small lots is financial, that he would object to the reduction in lot sizes. All but four lots are below the minimum lot size. There were concerns about abutting subdivisions all complying with minimum lot requirements and it was recommended that all lots except those • abutting County Road 30 be increased in size to comply with minimum standards. Wold then moved, Mulrooney seconded the motion to recommend denial of the application for the following reasons: 1. That small lots be located only where the land use desigantion is R - II and it was noted that part of the subject property is R -I land use. 2. The development would not be compatible with surrounding subdivisions which generally conform with minimum requirements. 3. The smaller lots should not be approved for financial reasons only. The developer then requested a continuance to relook at the plat to provide for lots that would conform with minimum standards. Wold withdrew the motion. Mulrooney moved, Hall seconded the motion to continue the hearing until the next regular meeting to allow further study of the lot sizes and to review the concerns of the Planning Commission members. All voted in favor. �1;(tyk-LaT,'7ch: 0 APC Minutes June 26, 1984 John Owenschlager, the owner of the exception to the parcel, appeared and objected. He requested buffering, stated that he would have security problems, and that his property'value would be decreased. There were also objections from other single family owners in the general area concerning the high density proposed. There was a suggestion that offices be built along the areas abutting single family uses on the east. Mark Ravich, the developer of the apartment complex to the west of Lexington Avenue, was present and indicated that he would develop the initial convenience center. Mr. Curry indicated that the proposal is to downgrade the density of the property from CSC to a'portion of the property being Neighborhood Business and Limited Business. There were objections to the CSC property abutting the single family on the east and it was noted that the center and eastern portion of the project would include community shopping center uses. There were also concerns expressed about the City ordinance requirement for a 20,000 square foot minimum initial development in CSC zoned areas, but it was noted that the initial development would be in a Neighborhood Business district. _Member Bohn objected to the small convenience use as the first development on the 178 -acre site. Mr. Curry stated that berming would be provided around the property noted as an exception and expected eventually that the property would be used for commercial purposes. Member Hall had concerns about the Wescott Hills Road configuration, the • high school location to the north, the amount of Limited Business and Neighborhood Business zoning proposed, and suggested that John Voss, the consulting planner, review the application. Hall then moved, Mulrooney seconded the motion, to continue the application until the next regular meeting and requested that John Voss be requested to review the application and make recommendations to the Council concerning the entire site and also that Mark Ravich be authorized to submit an application for the construction of the convenience center. All voted in favor. • Upon motion duly made by Wilkins, seconded by McCrae, the meeting was adjourned at 12:45 p.m. 11 � -'�/ Secretary 1 109-P G, PHH