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.
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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. .
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• 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.
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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
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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,
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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.
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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
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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.
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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
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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:
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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.
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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.
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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. .
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• 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.
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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
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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,
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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.
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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
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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.
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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
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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.
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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
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Secretary
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