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08/28/1984 - City Council Regular0 0 MINUTES OF A REGULAR DOMING OF THE ADVISORY PLANNING COMMISSION • EAGAN, MINNESOTA August 28, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on August 28, 1984, at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, and Members Krob, Wold, Mulrooney, Wilkins and Bohne. Absent were members McCrae and Taylor. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Mulrooney moved and Wold seconded the motion to approve the agenda. All voted yes. Hall moved and Wilkins seconded the motion to approve the minutes of the regular meeting of July 24, 1984, as presented. All voted in favor except Krob who abstained because he was not present at the July 24 meeting. THOMAS LAKE PLACE — PRELIhIINARY PLAT The continued public hearing concerning the application of Dominion Group for preliminary plat approval of Thomas Lake Place was convened by Chairman • Hall. It was noted that the application had been continued from the July 24 meeting to allow the developer and the staff time to address the impact of the buildings on surrounding areas including Lake Park Addition. Dale Runkle described the proposed development and indicated that the development had been discussed with the Park Committee and a proposed line of park dediction had been agreed upon which would be sufficient for a trail system adjacent to Thomas Lake. Mr. Runkle indicated that the units were within the allowed density. Mr. Runkle further discussed the concerns regarding the elevation of the buildings and their visibility across the lake from the Lake Park Shores area. He noted that the applicant had submitted site cross sections illustrating the height relationship between the proposal and the areas across Thomas Lake to the south and the east. The applicant, represented by Jack Safar and a representative of his architectural consultants indicated that it would be difficult to lower the building or to move the building farther to the north without encroaching on trees. Jean Parranto, developer of Lake Park Addition and owner of lots in the addition, stated that the site cross sections did not show the actual visibility from Lake Park Addition which is to the east of where the sightings are taken. He stated that the apartments would completely dominate the landscape and that additional environmental study was necessary. Mr. Parranto also stated that he was very concerned about the manner in which the park land would be used and how it would impact Lake Park Addition. The Commission discussed at length the site cross sections, the elevations of the buildings, the distance of the buildings from the water line, and the extent of tree buffering across the lake from Lake Park Addition. In response to • questions from the Commission, Mr. Safar indicated that their own marketing study and a marketing study by the Department of Housing and Urban Development T 1 indicated that there was a need for apartments in the Eagan/Burnsville area • and that none of the units would be subsidized through Section 8. Mr. Safar also presented to the Commission for its review a panorama of photographs showing the trees on the north side of Thomas Lake across from Lake Park Addition. Member Wold moved, and Member Wilkin seconded, the motion to recommend approval of the preliminary plat of Thomas Lake place containing 238 multiple dwelling units on approximately 17 acres located on part of the Southeast quarter of Section 28, subject to the following conditions: 1. Park dedication shall be accomplished in accordance with the requirements established by the City Council after review by the Advisory Park Committee. 2. A detailed landscape plan shall be submitted to and approved by the City staff prior to construction along with an adequate landscape bond which is not to be released until one year after completion of the landscaping. 3. The preliminary plat shall provide for two lots with each building situated on a separate lot. 4. A detailed outdoor lighting plan shall be submitted to and approved by the City staff prior to construction. 5. Access doors to the underground garages shall provide adquate height for emergency vehicle clearance. • 6. Due to the environmentally sensitive mature of the site, grading and cutting of trees should be kept to a minimum outside of the parking areas and building pads. 7. All other City ordinances and requirements shall be adhered to. 8. A specific underground parking space shall be required with the rental of an apartment unit. 9. This development shall be responsible for obtaining all required permits from the City and the Department of Natural Resources as applicable. 10. A minimum of an 8 -inch water main will be required to provide service to this proposed development. 11. The entrance roadway shall be a minimum of 34 feet wide. All internal roadways shall be a minimum of 24 feet wide. All roadways shall consist of concrete curb and gutter and bituminous surfacing. 12. A 40 -foot half right-of-way shall be dedicated for Thomas Lake Road. 13. Ten foot drainage and utility easements shall be dedicated adjacent to all public rights-of-way. • 14. A minimum of a 15 -foot utility easement shall be dedicated over all City utilities not constructed within City right-of-way. 0 0 15. This development shall be responsible for its trunk area water, • storm sewer, and storm sewer upgrading assessments as referenced in this report. 16. All costs associated with development of this parcel shall be the sole responsibility of this development. 17. In the citing of trails the developer, the Park Committee, and staff shall pay particular attention to existing vegetation. Also, that grading limits shall be put on the developer based on the recommendations of City staff to minimize damage to existing vegetation and also that no variances shall be granted. All members voted in favor. It was noted that this would be heard by the City Council at its September 4 meeting. LEXINGTON SOUTH PLANNED DEVELOPMENT AMENDMENT LEXINGTON SOUTH COMMERCIAL AREA The continued public hearing concerning the application of Lexington South Associates for amendment to the Lexington South Planned -Development was covened by Chairman Hall. It was noted that the application had been continued from the July 24 meeting and the June 26 meeting. Dale Runkle noted that the application was for an amendment to the Lexington South Planned Development to establish a concept plan for 194.7 acre commercial portion of the Lexington South Planned Development. Planning Consultant John Voss • discussed the proposal in detail as the plan related to certain objectives set forth by City staff. Mr. Voss noted that the only real drawback to the plan was its proximity to schools, but that school properties were purchased knowing that the subject property was zoned commercial. Because the property is adjacent to schools, he noted that it would be important to provide protected walkways and sidewalks and a pedestrian plan. He also suggested that Lot F in the plan should be restricted to Limited Business because of its proximity to a residential area. James Curry for the developer appeared as well as Bruce Patterson and Mark Ravich. John Olenschlager, the owner of a lot on the south side of Diffley Road which is surrounded on three sides by the proposed development, stated that he would like to see earth berming, shrubbery, and security fencing provided by the developer to protect his property. Member Wilkins noted for Mr. Olenschlager's benefit that at this time the Commission is only considering a concept plan and that when the property develops adjacent to his property he would be notified and would have the opportunity to discuss berming, shrubbery, and security fencing with the Planning Commission at that time. Member Krob noted his concern about the pedestrian traffic and the number of children in the area, and Mr. Curry noted that the main entrance to the high school would be on Lexington, some distance from the development and down a large hill so that the development would not be visible from the high school entrance. Rich Hefti noted that pedestrian traffic would probably require trails on both sides of Diffley. There was considerable discussion regarding protecting the commercial • nucleus and whether the use of Neighborhood Business surrounding the nucleus would discourage the use of the nucleus. There were concerns about quality 3 0 0 standards for the Neighborhood Business area and elevation of buildings • surrounding the buildings. There was further concern about starting with the Neighborhood and Limited. Business first rather than starting with the Commercial nucleus. Member Wold stated his desire to have guidelines for reviewing the planned development periodically to ensure quality standards and proper elevation, and Chairman Hall stated his desire to see a draft of the planned development amendment before it goes to the City Council. Mulrooney moved, Wilkins seconded the motion, to recommend approval of the amendment to the Lexington South Planned Development to establish a concept plan of the 194.7 acre Commercial portion of the Lexington South PD located in part of the NW 1/4 and the NE 1/4 of Section 26, subject to the exhibits in the planner's report, subject to preparation of a circulation plan including a plan for pedestrian traffic, subject to the requirement that Lot F be limited to Limited Busines, and subject to final review by the Advisory Planning Commission of the amended draft of the Planned Development Agreement. All members voted in favor. DOWNTOWN EAGAN FIRST ADDITION — PRELIMINARY PLAT Chairman Hall convened the hearing regarding the application of Tomark Development Company and Mark Ravich for preliminary plat approval of Downtown Eagan First Addition containing three commercial lots and two outlots on approximately 14 acres located at the southeast corner of Diffley Road and Lexington Avenue in the NW 1/4 of Section 26. Mr. Runkle explained the proposal and indicated that it was proposed to is be developed as a convenience center with a PDQ type store and other similar types of retail stores. He indicated that the first phase will include a portion of the convenience center to be located on Lot 1, Block 1, the second phase will complete the convenience center on Lot 2, Block 1, and phase three will complete the development. The convenience center on Lots 1 and 2, Block 1, is designed to face Lexington Avenue rather than a Planned Community Shopping Center. It was noted by John Voss that north of Diffley Road, the west side of road has a path and there will probably be a sidewalk on the east side of the road, and that this pattern will probably continue on Lexington Avenue south of Diffley Road. Steven Darling, an Eagan resident, objected to developing the outskirts of the area before the main shopping center developed. Mark Ravich, the developer, stated that development of the outlying areas is necessary to service the neigborhood now, and that it is not unusual for peripheral development to go in_before a mall. John Voss stated that it would probably be decades before the subregional center would be required by the population, and that the people in the area should not wait that long for a neighborhood convenience center. He did state that if the peripheral areas are not developed properly, there is some jeopardy to the ability to develop the mall. Lloyd Krob stated that the City must be realistic in its development plans, and that Eagan is not yet ready for a very large shopping center. He expressed his concern that the staff police the landscaping very closely. Further concern was express by Members Wold, Mulrooney, and Bohne about whether a PDQ or convenience store is the best way to start what may be • a very crucial area of development for the City. Mr. Hum, an Eagan resident, expressed concern that a convenience center fit into the City's master plan for development of the area. There was further expression of concern about 4 0 0 • the possible uses of building by Members Wilkins and Hall. There was further discussion as to whether it would be more appropriate to defer decision on the matter until further informationcould be submitted concerning architectural control, landscaping, signing, and other details of the plan, or as to whether it would be better to deny approval with certain conditions and send the matter to the Council for their review. Mulrooney moved and Wold seconded the motion that the matter of development of a small strip center of the approximate size as shown, be deferred for reconsideration at a later time, based upon consideration of a more precise proposal showing location, size, proposed uses, facing of buildings, type of brick, type and size of road, street placement and access, and other details. Voting yes were Hall, Wold and Mulrooney, and voting no were Bohne, Krob and Wilkins, and the motion died. Bohne moved and Wilkins seconded the motion to recommend denial of the application for preliminary plat approval for Downtown Eagan First Addition containing three commercial lots and two outlots on approximately 14 acres located at the southeast corner of Diffley Road and Lexington Avenue in the Northwest quarter of Section 26 on the basis that it is inappropriate to start a major development such as this with a small strip shopping center, and that insufficient information concerning proposed uses, facing, type of brick, type and size of road, access, architecture, sidewalks, and other details had been presented to the Advisory Planning Commission for it to approve the plat. Also, it was noted that guidelines should be put into palce before action is taken. Member Krob stated that he is not against the strip concept, but would • vote yes in order to have the matter referred to the Council to avoid greater delays. Voting yes were Members Krob, Wilkins, and Bohne. Voting no were members Mulrooney and Wold. Abstaining was Chairman Hall. The motion passed. FLOOR BIN INTERNATIONAL - PRELIMINARY PLAT Chairman Hall convened the continued public hearing concerning the application for preliminary plat approval for Flour Bin - Burger King containing two commercial lots and consisting of 3.2 acres located at the southeast. corner of Cliff Road and Nicols Road. in the Northeast quarter of Section 31. It was noted that this had been continued from the previous hearing on July 24, 1984. Dale Runkle noted that a change had been made in the proposed plat -from the previous hearing to eliminate the Holiday Station store, the Rapid Oil Change store, and the Daycare Retail building. The new proposal contains a proposed Flour Bin restaurant and a Burger King restaurant. Mr. Runkle noted the primary concerns were retaining a natural buffer along the south linelof ttie property between the proposed parking lots and the adjoining residential properties, and the potential problem of circulation at the entry/exit adjacent to Cliff Road. He also noted that the applicant was present and had met with the neighbors to the south concerning buffering and trees. Eagan resident Steve Darling who lives in Cedar Cliff Addition stated his concern about the number of fast food restaurants in the area and the high traffic and noise that they generate. Concern was expressed by Member Bohne about possible internal traffic problems adjacent to the entrance/exit at • Cliff Road and the exit from the proposed drivethrough at the proposed Burger King building. The applicant stated that Burger King has committed to the site subject to the necessary approvals. Members Mulrooney and Hall noted 5 0 0 and that on that basis it would be very difficult to deny the preliminary plat • _ if all ordinance requirements were met. Member Wilkins moved,:and Member Krob seconded the motion, to recommend approval of the application for preliminary plat of Flour Bin/Burger King as amended containing two commercial lots and consisting of 3.2 acres located at the southeast corner of Cliff Road and Nicols Road in the northeast quarter of Section 31 subject to the following conditions: 1. A detailed grading, drainage, and erosion control plan shall be submitted and approved by staff prior to approval of the final plat. 2. A detailed landscape plan shall be submitted and approved by staff and a landscape bond for an adequate amount should be submitted and not released until one year after the landscaping has been completed. 3. The applicant should apply for a conditional use permit for the drive -up facility of the Burger King Restaurant. 4. The proper permits should be applied for in order to obtain signage for the two restaurants. 5. There shall be asphalt surfacing on the parking lot and concrete curbing shall be installed around the perimeter of the parking area. 6. A lighting plan shall be submitted and reviewed by City staff. • 7. Curb medians and islands 'shall be placed in accordance with the exhibit in order to channel the circulation. 8. The plat shall be reviewed by the Dakota County Plat Commission because of the access onto Cliff Road. The plat should be subject to the Plat Commission's comments and recommendations. The plat should be subject to the Park Commission's review and comment for park dedication for commercial industrial property. 9. All other City ordinances should be adhered to. 10. A detailed grading plan depicting existing and proposed two -foot contour intervals and proposed drainage patterns along with a detailed erosion control plan shall be submitted to the Engineering Department for approval. 11. If installed privately, plans and specifications for utility extensions or connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 12. The maximum width for access onto Cliff Road and Nicols Road shall be 32 feet from face of curb to face of curb. 13. A 40 -foot half right-of-way shall be dedicated for Nicols Road. 14. Easements shall be dedicated as referenced within this engineering report. • 15. Concrete islands shall be required within the parking lot area 0 s • according to staff's recommendations. • 15. Sidewalks where parking abuts shall be a minimum of 10 feet wide. 17. This development shall ;be responsible for upgrading trunk area water assessments over parcel 020-4, trunk area storm sewer over the entire parcel, lateral benefit from trunk water main on Nicols Road, and lateral benefit from trunk sanitary sewer along the east side of this development at the rates in effect at the time of final platting. 18. All additional costs of developing this proposed area shall be the responsibility of this development. 19. A plan to buffer"the south and east areas between the existing residences and the commercial property shall be submitted and approved by City staff. All members voted in favor. CEDAR CLIFF CMgMCIAL PARK CONDITIONAL USE PERMIT FOR PYLON SIGN The next hearing relating to an application for a conditional use permit for a pylon sign to be located at the Cedar Cliff Shopping Center located at the northeast corner of Cliff Road and Nicols Road in the southeast corner of Section 30 was opened by Chairman Hall. Dale Runkle explained the application and noted that while the application requested approval of a sign face with 70' square feet per side, the developer preferred to have approval of a sign not • to exceed 125 square feet on each side so as to allow additional sign space for the two major anchors in the shopping center to have their names included. The proposed sign is 20 feet high and 15 feet wide with the name of the shopping center on one area toward the top of the sign, with a separated reader board underneath the main part, and with space between the main portion of the sign and the reader board for areas to be inserted later stating the names of the two major tenants. The main part and the reader board alone would be 70 square feet on either side. The sign would be illuminated with lights recessed inside the facia on top of the sign. Eagan resident Steve Darling raised questions concerning the size and height of the sign, the look of berming behind -the center, and the elevation of the development. Tim Mernane, representing the applicant Federal Lane Company, stated that the sign would be illuminated but that the lighting would be controlled by a time clock. Mulrooney moved and Bohne seconded the motion to recommend approval of the application subject to the following conditions: 1. Upon completion of the construction of the pylon sign, the existing temporary advertising sign for the shopping center shall be removed. 2. No more than one sign will be allowed for Cedar Cliff Shopping Center. • 3. The sign shall be no more than 20 feet in height and not to exceed 70 square feet per side. 7 4. The sign shall be located at least ten feet in from the R.O.W. lines • and shall not obstruct driver's vision. Member Mulrooney noted that his motion was to have the sign as originally proposed, that is 70 square feet maximum, with the understanding that if the applicant has a specific proposal for a larger sign, it could come in and ask for approval of that sign subject to the ordinance limit of 125 square feet. Member Wold stated that he felt that the request for 125 feet should be approved at this time, and Chairman Hall stated that a 125 -square foot sign was proposed he would want to see the new design before approving it. Chairman Hall, and Members Bohne, Wilkins and Mulrooney voted in favor, Members Brob and Wold voted against, and the motion passed. JOHN GRUIDL - CONDITIONAL USE PERMIT FOR USED CAR SAL BS LOT Chairman Hall convened the hearing on the application of John Gruidl for a conditional use permit to allow a used cars sales lot at the Union 76 station northwest corner of Nicols Road and Diffley Road in the southwest quarter of Section 19. Dale Runkle explained the proposal stating that the property is currently zoned General Business which allows such a use only with a conditional use permit. Mr. Gruidl stated that he believed that there would be sufficient parking on his lot and the Union 76 lot to avoid on -street parking, that no pylon signs were requested but only ground signs, that on his lot there would be one parking space for a customer in addition to space for the used cars, that any other customers could park on the remainder of the Union 76 lot, that it was understood that there would be less space and less cars on the lot during the winter, and that the portable ground signs would • not be lit. Bohne moved and Hall seconded the motion to recommend approval of the application of John Gruidl for a conditional use permit to allow a used car lot at the Union 76 station at the Northwest corner of Nicols Road and Diffley Road in the southwest quarter of Section 19 subject to the following conditions: 1. The proposed signs meet all the City ordinance requirements and will not obstruct the vision of drivers or pedestrians. 2. There will be no on street parking for the service station or sales lot. 3. The vehicle sales lot will be limited to 10 vehicles with the maximum vehicle length being 20 feet. 4. No accessory buildings will be allowed for the sales lot. 5. That the conditional use permit shall be reviewed after two years. All members voted in favor. SILL ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing for the application of Road Machinery and Supply Company and Mike Sill for preliminary plat approval for Sill Addition and for approval of a variance to allow a portion of the building to • be placed within the 100 -foot setback area, Sill Addition containing one industrial park and consisting of 13.96 acres located in part of .the northeast H quarter of section 19. Dale Runkle noted that the original application for • this had been made in 1978, that it had been modified in 1980, and approved by the City Council at that time, and that this hearing was for the purpose of reviewing the proposal again in light of current conditions. Mike Sill appeared on behalf of the applicant and explained that there would be little traffic and that he would be able to screen the property from the residential neighborhood as necessary. Mr. Lester Spencer and other neighbors across Silver Bell Road from the proposed plat stated that there is considerable water damage to their property as a result of storm water drainage from the subject property, and that development of the property would increase the problem. Mr. Spencer stated that a berm had been built by Mr: Sill previously and that the berm should stay and that other precautions should be taken to correct the current problem and prevent additional problems. Rich Hefti of the Engineering Department sbated that he was aware of the concerns, that the Engineering Department had not had the opportunity to review the matter in detail, but that a review of the problem would be completed before the matter is submitted to the City Council. In response to questions from the Councilmembers, Mr. Sill stated that he does not own the triangle of property to the east of the proposed plat, but that he does intend to purchase the small triangle to the west of the property. The requested setback is a 50 - foot setback as opposed to 100 feet as required by the ordinance. Mr. Sill stated that he would correct whatever drainage problem might exist. Wold moved and Wilkins seconded the motion to recommend approval of the preliminary plat and variance for Sill Addition containing one industrial lot and consisting of 13.96 acres located in part of the northeast quarter of Section 19, subject to the following conditions: • 1. If the triangle to the east is acquired, and the building is moved easterly, then the aplicant should review with the staff the potential realignment with Wuthering Heights Road of the access road. 2. The parking areas shall have a bituminous surfacing with concrete curbing around the perimeter. The storage area shall be required to have a crushed rock base and dust control shall be implemented on this area. 3. There shall be no storage of equipment on the north side of the building. 4. The plans, including drainage, shall be reviewed by the Minnesota Highway Department, because the proposed plat abuts the state highway. 5. The proposed office facilities shall be limited to 15,900 square feet unless additional parking spaces are provided. 6. The developer shall submit a detailed landscaping plan to staff for its review and approval and provide an adequate landscaping bond and shall pay particular care to screen and buffer the industrial and residential areas. 7. All easements shall be required in accordance to the recommendations of the City staff. 8. The westerly entrance drive should be relocated to avoid direct • access toward building. • 9. All utility relocations and/or removal shall be accomplished at the • developer's expense. 10. All utilities subsequently located within the property limits of this plat will become the private maintenance responsibility of the developer. 11. A revised grading, drainage, and erosion control plan shall be submitted and approved by City staff prior to final plat application. 12. A 40 -foot half right-of-way shall be dedicated for Silver Bell Road. 13. The 50 -foot setback variance is only applicable to portions of the building protruding within 50 feet of north property line and the triangle to east required the setback still applies only to that portion of the building. 14. That no parking facility or other use than greenery for setbacks shall be required. 15. That the conditional use permit be approved subject to compliance with all City ordinances and requirements and that if a conditional use is required, that the APC recommends approval of a loading dock. 16. There shall be a detailed review of the drainage plan to ensure that adequate drainage is provided and to avoid intrusion of drainage upon adjacent residential property. 17. Specific building and site plans shall be submitted for staff review • prior to any City approvals. 18. Revised landscaping and drainage plans shall be submitted to help mitigate the conflict between the industrial use and the adjacent residential area. 19. Recently there has been the construction of a Naegele billboard on the subject parcel, if the plat contains the building and sign on the lot, the sign should'be removed. All members voted in favor except Chairman Hall who abstained. SILL ADDITION - CONDITIONAL USE PER1IIT FOR OUTSIDE STORAGE Chairman Hall convened the hearing concerning the application of Road Machinery and Supply Company and Mike Sill for a conditional use permit to allow outside storage in an industrial district, proposed Sill Addition. Based upon the previous discussion, Wilkins moved and Wold seconded the motion to recommend approval of the application for a conditional use permit to allow outside storage in an industrial district, proposed Sill Addition, subject to the condition that the conditional use permit shall be reviewed every two years. All members voted in favor except Chairman Hall who abstained. OAR CLIFF THIRD ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing on the application of Amoco Oil • Company for preliminary plat approval of Oak Cliff Third Addition containing one commercial lot and one outlot on 8.98 acres located at the southwest 10 0 0 corner of Slater's Road at Cliff Road in the NW 1/4 of Section 31. Dale • Runkle explained the application and the applicant, represented by Mr. Jim Fillippi, explained that the applicant agreed with the staff recommendations except that it preferred a 32 -foot driveway width rather than 24 feet in order to be able to accomodate gasoline transportation trucks. Rich Hefti stated that if 32 feet was necessary to accomodate such trucks, City staff did not oppose that, but that it preferred the smaller width to avoid confusion of drivers if the entrance is too wide. Mr. Hum, a resident of Eagan living approximately a mile south of the subject property off of Slater's Road, stated that he felt that the proposed gas station would create traffic problems which would make. access to his home difficult. He requested preparation of an Environmental Impact Statment. Member Wold stated that Limited Business use is already approved under the Planned Development and that the Advisory Planning' Commission and City Council have previously approved the concept of pumper and service bays on the site. Dale Runkle noted that a signal will ultimately be installed at the corner of Slater's Road and Cliff Road and that Slaters Road may extend northward into the Cinnamon Ridge area. Mulrooney moved and Wold seconded the motion that the application of Amoco Oil Company for preliminary plat approval of Oak Cliff Third Addition containing one commercial lot and one outlot on 8.9 acres located at the southwest corner of Slaters Road and Cliff Road in the northwest quarter of Section 13 be recommended for approval subject to the following conditions: 1. A detailed landscape plan shall be submitted for approval by the City staff along with an adequate landscape bond which will be released one year • after the landscaping is completed. 2. The number of parking spaces be increased to 20. 3. The plat should be subject to review and approval by the Dakota County Plat Commission and the Minnesota Department of Transportation since the plat abuts county and state roads. 4. The plat shall be subject to the review and recommendations of the Advisory Park Commission for park dedication requirements. 5. The minimum required building setback shall relate to any canopy, weather protection, pump island or building. 6. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require a conditional use permit for an approved open sales lot. 7. A minimum twenty -foot (20) landscaped yard shall be provided along all abutting public rights-of-way lines, except where approved driveways occur. 8. All goods offered for sale on the motor fuel station site, other than those generally required for the operation and maintenance of motor vehicles, shall be stored, sold and displayed within a building. • 9. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. 11 • 10. The outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. 11. This development shall be responsible for the construction of a 6 - inch water service line to this property either under private contract or public contract. 12. If the water main is installed under private contract, the plans and specifications shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 13. If the water service is to be constructed under a public contract, then this development will be responsible for submitting a petition for the water main installation. 14. The curb cuts for the driveway entrances shall be made in accordance with City guidelines. 15. The driveway widths shall be 32 feet maximum. 16. A 10 -foot drainage and utility easement shall be dedicated along Cliff Road with a 5 -foot drainage and utility easement dedicated adjacent the easterly and southerly property lines. 17. All costs associated with this development shall be the sole • responsibility of this development All members voted in favor. FOREST RIDGE - PRELIMINARY PLAT Chairman Hall convened the hearing concerning the application of Forest Ridge Partnership for preliminary plat approval of Forest Ridge containing 249 dwelling units on 20 acres located at the northeast corner of Duckwood Drive and Denmark Avenue in the northwest quarter of Section 15. Dale Runkle explained the application noting that it fulfilled all garage and parking requirements, that the townhouses around the pond area did not fulfill the required 25 -foot setback, but that this would be revised to comply, that the applicant and neighboring property owners had met concerning the application the previous night. Dan Gustafson appeared for the applicant and stated that he agreed with staff recommendations including setbacks on the townhouse units. He discussed the apartment building adjoining Duckwood Estates, and noted that the building would be built into the side of the hill with the walkout level on the outside toward the rear of three lots in Duckwood Estates. He further noted that parking in that building would be screened from the residential areas, and that if townhouses were installed in the area as an alternative, because of the topography, the garages and street access would have to be adjacent to the rear lot lines of the neighbors in the Duckwood Estates development. A number of neighbors expressed their opposition to the apartment • building in the southeast corner of the development, including Brian Malloy, Claudia Devnar, Rick Roth, Ed Findley, Cathy Malloy, and Marilyn 'McKee. They 12 stated that a 50 -foot setback was not enough from the single family • residential area, that the high density would destroy the quiet and safe nature of the area, that the building would be too high and would dominate the residential properties, and that there are insufficient trees to screen the apartment building from the neighboring properties. Chairman Hall referred to a letter dated August 24, 1984, received from Charles Mizia, a neighbor who expressed concern that the natural tree barrier between his property and the proposed plat not be affected. A copy of the letter is made a part of these minutes. Mulrooney stated that he believed that an environmental assessment worksheet would be required in this case and suggested that if the preliminary plan is okayed it might be done subject to approval by the necessary agencies of the EAW. Mr. Runkle stated that an EAW would require the neighbors' concerns to be analyzed and addressed. Dan Gustafson indicated that he was comfortable with having an EAW prepared, that much of the traffic could be handled by Denmark Avenue and that Duckwood Drive would not be required to handle all of it, that there are no balconies facing Duckwood Estates, but that there are patios on the lower level, and that all but a very few of the existing trees will not be disturbed. Neighbor Brian Malloy stated his belief that a berm or privacy fence would still be necessary. Members Mulrooney and Wold noted that the proposed density is within the allowed limits and that the current zoning of R-4 cannot be avoided. Chairman Hall suggested consideration of removing the top floor of the apartment building in the southeast corner and adding those units to other buildings which are farther from Duckwood Estates. Member Wilkins stated that the City always prefers a buffer between multiple residential and single family residential and that • townhouses might be more appropriate in the southeast corner. There was discussion about continuing the matter to allow further discussion of the apartment building in the southeast corner, on proposed Lot 12, and Mr. Gustafson noted that he has asked the City Council for approval of financing assistance which will be heard on September 18 and that the financing must be completed by October 12. Mr. Gustafson further noted that this is not low income housing but that if industrial revenue bonds are used to finance the project, it would be required that 20% of the units be available for low income persons pursuant to Section 8, but that the City Council generally requires that 20% be the maximum. Chairman Hall moved and Member Wilkins seconded the motion to continue the hearing 'on the call of the chair to allow further discussions among the developer, the neighbors, and City staff, to attempt to resolve the problem with the apartment building in the southeast corner. All members voted in favor. S & W INDUSTRIAL ACRES - PRELIMINARY PLAT Chairman Hall convened the public hearing on the applicatiGn of J. E. Parranto Associates for preliminary plat approval of S & W Industrial Acres containing four industrial lots on 16.85 acres located in part of the southwest quarter of Section 19. Dale Runkle explained the application noting that the lot in question is very visible but that the access is limited. He further noted that E -Z Mini Storage has been there for some time and that the -City Councill.:has approved .,expansion of E -Z Mini Storage subject to approval of platting. It was noted that the proposed plat would contain three lots and an • outlot for road purposes, that E -Z Mini Storage is currently located on Lot 1, that it desires to expand into Lot 2, and that John Deere has expressed interest in using Lot 3. Rich Hefti noted that either the proposed road 13 0 0 connection to Old Highway #13 would have to be shifted to the northeast to • avoid a steep grade, or a variance would have to be granted from the 2% approach slope regulation. Wold moved and Mulrooney seconded the motion to recommend approval of the preliminary plat of S & W Industrial Acres containing four industrial lots on 16.85 acres located in part of the southwest quarter of Section 19, 'subject to the following conditions: 1. The plat be reviewed by the Minnesota Department of Transportation because the plat abutts state right-of-way. 2. The plat be subject to commercial park dedication on the undeveloped lots. 3. There shall be a detailed grading, drainage and erosion control plan submitted and approved by the City staff prior to attaining final plat approval. 4. All other City ordinances shall be adhered to. 5. The intersection of the public street and Old Highway 1113 shall be shifted northeasterly to accomodate the 2% approach slope requirement. 6. A detailed grading and erosion control plan should be submitted to the Engineering Department for approval prior to final platting approval. 7. Storm sewer will be required to collect runoff from this development and transmit into pond AP -6. • 8. This development will be responsible for the installation of streets and utilities for this development. 9. A 60 -foot right-of-way shall be dedicated on the plat for the public street. 10. Easements of sufficient width shall be dedicated over the storm sewer required between the public road and pond DP -6. 11. A 10 -foot utility easement will be required to be dedicated adjacent all public right-of-way with 5 -foot drainage and utility easements being dedicated adjacent all remaining lot lines. 12. The public streets shall be named prior to final plat approval. 13. All costs associated with the installation of the streets and utilities will be the sole responsibility of this proposed development. All members voted in favor. KEG F= ADDITION - PRELIMINARY PLAT AND REZONING Chairman Hall opened the public hearing concerning the application of Gary King for preliminary plat approval and rezoning of King First Addition, containing eight single family lots on approximately five acres located in • part of the northwest quarter of Section 25, rezoning to be from Agricultural to R-1. Dale Runkle explained the application and noted that road grades were I 14 not yet set and the impact of the topography on the installation of utilities • had not yet been thoroughly evaluated. The property is steeply sloped. Gary King appeared and stated that his surveyor, Del Schwanz, had indicated that the grades would not be a problem in developing the property. Jerry Sauter, owner of the property immediately to the east of the subject property, stated that Lots 5 and 6 of the proposed plat drain into the Sauter property, and that erosion control would be necessary if the property were developed. He also noted that other property owners as well as himself and his wife on Hackmore Drive oppose the installation of sanitary sewer and water along Hackmore Drive because it is not cost effective, and proposed instead that King 1st Addition be serviced from Golden Meadow Road.. Other neighbors, including Arnold Marks, Tom Murr, Jean Moore, and Mrs. Murr, all addressed the proposal and expressed concern about drainage and the amount of assessments and indicated that they believed their properties would not be benefitted to the extent of the assessments. Tom Murr suggested a per lot assessment rather than a per square foot assessment because he has a large lot which, due to a sizeable easement and low lying areas, cannot be subdivided. The Moores stated that their property was in the same situation. Wilkins moved and Bohne seconded the motion that consideration of the preliminary plat and rezoning of King First Addition be continued until the next regularly scheduled Advisory Planning Commission meeting for the sole purpose of allowing the developer to meet with neighbors and review the grade elevations and drainage on the property and to allow feasibility reports for sanitary sewer and water to be completed. All members voted in favor. KING 2ND ADDITION - PRE[JUNARY PLAT AND REZONING • Chairman Hall opened the hearing concerning the application of Gary King for preliminary plat and rezoning of King 2nd Addition containing five single family lots on approximately five acres located on part of the northwestern quarter of Section 25, with rezoning to be from Agricultural to R-1. It was noted that there are similar concerns relating to drainage, grades, elevation, and feasibility of utilities in King 2nd Addition as had been expressed for King 1st Addition. Wilkins moved and Bohne seconded the motion to postpone consideration of Gary King's application for preliminary plat and rezoning of King 2nd Addition until the next regularly scheduled Advisory Planning Commission for the sole purpose of allowing the developer to meet with the neighbors to review grades, elevations, drainage, and to allow preparation of feasibility reports for sanitary sewer and water. All members voted in favor. • Upon motion duly made and seconded, the meeting adjourned at 1:30 a.m. All members voted in favor. 15 Secretary, APC 0 0 MINUTES OF A REGULAR DOMING OF THE ADVISORY PLANNING COMMISSION • EAGAN, MINNESOTA August 28, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on August 28, 1984, at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall, and Members Krob, Wold, Mulrooney, Wilkins and Bohne. Absent were members McCrae and Taylor. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Mulrooney moved and Wold seconded the motion to approve the agenda. All voted yes. Hall moved and Wilkins seconded the motion to approve the minutes of the regular meeting of July 24, 1984, as presented. All voted in favor except Krob who abstained because he was not present at the July 24 meeting. THOMAS LAKE PLACE — PRELIhIINARY PLAT The continued public hearing concerning the application of Dominion Group for preliminary plat approval of Thomas Lake Place was convened by Chairman • Hall. It was noted that the application had been continued from the July 24 meeting to allow the developer and the staff time to address the impact of the buildings on surrounding areas including Lake Park Addition. Dale Runkle described the proposed development and indicated that the development had been discussed with the Park Committee and a proposed line of park dediction had been agreed upon which would be sufficient for a trail system adjacent to Thomas Lake. Mr. Runkle indicated that the units were within the allowed density. Mr. Runkle further discussed the concerns regarding the elevation of the buildings and their visibility across the lake from the Lake Park Shores area. He noted that the applicant had submitted site cross sections illustrating the height relationship between the proposal and the areas across Thomas Lake to the south and the east. The applicant, represented by Jack Safar and a representative of his architectural consultants indicated that it would be difficult to lower the building or to move the building farther to the north without encroaching on trees. Jean Parranto, developer of Lake Park Addition and owner of lots in the addition, stated that the site cross sections did not show the actual visibility from Lake Park Addition which is to the east of where the sightings are taken. He stated that the apartments would completely dominate the landscape and that additional environmental study was necessary. Mr. Parranto also stated that he was very concerned about the manner in which the park land would be used and how it would impact Lake Park Addition. The Commission discussed at length the site cross sections, the elevations of the buildings, the distance of the buildings from the water line, and the extent of tree buffering across the lake from Lake Park Addition. In response to • questions from the Commission, Mr. Safar indicated that their own marketing study and a marketing study by the Department of Housing and Urban Development T 1 indicated that there was a need for apartments in the Eagan/Burnsville area • and that none of the units would be subsidized through Section 8. Mr. Safar also presented to the Commission for its review a panorama of photographs showing the trees on the north side of Thomas Lake across from Lake Park Addition. Member Wold moved, and Member Wilkin seconded, the motion to recommend approval of the preliminary plat of Thomas Lake place containing 238 multiple dwelling units on approximately 17 acres located on part of the Southeast quarter of Section 28, subject to the following conditions: 1. Park dedication shall be accomplished in accordance with the requirements established by the City Council after review by the Advisory Park Committee. 2. A detailed landscape plan shall be submitted to and approved by the City staff prior to construction along with an adequate landscape bond which is not to be released until one year after completion of the landscaping. 3. The preliminary plat shall provide for two lots with each building situated on a separate lot. 4. A detailed outdoor lighting plan shall be submitted to and approved by the City staff prior to construction. 5. Access doors to the underground garages shall provide adquate height for emergency vehicle clearance. • 6. Due to the environmentally sensitive mature of the site, grading and cutting of trees should be kept to a minimum outside of the parking areas and building pads. 7. All other City ordinances and requirements shall be adhered to. 8. A specific underground parking space shall be required with the rental of an apartment unit. 9. This development shall be responsible for obtaining all required permits from the City and the Department of Natural Resources as applicable. 10. A minimum of an 8 -inch water main will be required to provide service to this proposed development. 11. The entrance roadway shall be a minimum of 34 feet wide. All internal roadways shall be a minimum of 24 feet wide. All roadways shall consist of concrete curb and gutter and bituminous surfacing. 12. A 40 -foot half right-of-way shall be dedicated for Thomas Lake Road. 13. Ten foot drainage and utility easements shall be dedicated adjacent to all public rights-of-way. • 14. A minimum of a 15 -foot utility easement shall be dedicated over all City utilities not constructed within City right-of-way. 0 0 15. This development shall be responsible for its trunk area water, • storm sewer, and storm sewer upgrading assessments as referenced in this report. 16. All costs associated with development of this parcel shall be the sole responsibility of this development. 17. In the citing of trails the developer, the Park Committee, and staff shall pay particular attention to existing vegetation. Also, that grading limits shall be put on the developer based on the recommendations of City staff to minimize damage to existing vegetation and also that no variances shall be granted. All members voted in favor. It was noted that this would be heard by the City Council at its September 4 meeting. LEXINGTON SOUTH PLANNED DEVELOPMENT AMENDMENT LEXINGTON SOUTH COMMERCIAL AREA The continued public hearing concerning the application of Lexington South Associates for amendment to the Lexington South Planned -Development was covened by Chairman Hall. It was noted that the application had been continued from the July 24 meeting and the June 26 meeting. Dale Runkle noted that the application was for an amendment to the Lexington South Planned Development to establish a concept plan for 194.7 acre commercial portion of the Lexington South Planned Development. Planning Consultant John Voss • discussed the proposal in detail as the plan related to certain objectives set forth by City staff. Mr. Voss noted that the only real drawback to the plan was its proximity to schools, but that school properties were purchased knowing that the subject property was zoned commercial. Because the property is adjacent to schools, he noted that it would be important to provide protected walkways and sidewalks and a pedestrian plan. He also suggested that Lot F in the plan should be restricted to Limited Business because of its proximity to a residential area. James Curry for the developer appeared as well as Bruce Patterson and Mark Ravich. John Olenschlager, the owner of a lot on the south side of Diffley Road which is surrounded on three sides by the proposed development, stated that he would like to see earth berming, shrubbery, and security fencing provided by the developer to protect his property. Member Wilkins noted for Mr. Olenschlager's benefit that at this time the Commission is only considering a concept plan and that when the property develops adjacent to his property he would be notified and would have the opportunity to discuss berming, shrubbery, and security fencing with the Planning Commission at that time. Member Krob noted his concern about the pedestrian traffic and the number of children in the area, and Mr. Curry noted that the main entrance to the high school would be on Lexington, some distance from the development and down a large hill so that the development would not be visible from the high school entrance. Rich Hefti noted that pedestrian traffic would probably require trails on both sides of Diffley. There was considerable discussion regarding protecting the commercial • nucleus and whether the use of Neighborhood Business surrounding the nucleus would discourage the use of the nucleus. There were concerns about quality 3 0 0 standards for the Neighborhood Business area and elevation of buildings • surrounding the buildings. There was further concern about starting with the Neighborhood and Limited. Business first rather than starting with the Commercial nucleus. Member Wold stated his desire to have guidelines for reviewing the planned development periodically to ensure quality standards and proper elevation, and Chairman Hall stated his desire to see a draft of the planned development amendment before it goes to the City Council. Mulrooney moved, Wilkins seconded the motion, to recommend approval of the amendment to the Lexington South Planned Development to establish a concept plan of the 194.7 acre Commercial portion of the Lexington South PD located in part of the NW 1/4 and the NE 1/4 of Section 26, subject to the exhibits in the planner's report, subject to preparation of a circulation plan including a plan for pedestrian traffic, subject to the requirement that Lot F be limited to Limited Busines, and subject to final review by the Advisory Planning Commission of the amended draft of the Planned Development Agreement. All members voted in favor. DOWNTOWN EAGAN FIRST ADDITION — PRELIMINARY PLAT Chairman Hall convened the hearing regarding the application of Tomark Development Company and Mark Ravich for preliminary plat approval of Downtown Eagan First Addition containing three commercial lots and two outlots on approximately 14 acres located at the southeast corner of Diffley Road and Lexington Avenue in the NW 1/4 of Section 26. Mr. Runkle explained the proposal and indicated that it was proposed to is be developed as a convenience center with a PDQ type store and other similar types of retail stores. He indicated that the first phase will include a portion of the convenience center to be located on Lot 1, Block 1, the second phase will complete the convenience center on Lot 2, Block 1, and phase three will complete the development. The convenience center on Lots 1 and 2, Block 1, is designed to face Lexington Avenue rather than a Planned Community Shopping Center. It was noted by John Voss that north of Diffley Road, the west side of road has a path and there will probably be a sidewalk on the east side of the road, and that this pattern will probably continue on Lexington Avenue south of Diffley Road. Steven Darling, an Eagan resident, objected to developing the outskirts of the area before the main shopping center developed. Mark Ravich, the developer, stated that development of the outlying areas is necessary to service the neigborhood now, and that it is not unusual for peripheral development to go in_before a mall. John Voss stated that it would probably be decades before the subregional center would be required by the population, and that the people in the area should not wait that long for a neighborhood convenience center. He did state that if the peripheral areas are not developed properly, there is some jeopardy to the ability to develop the mall. Lloyd Krob stated that the City must be realistic in its development plans, and that Eagan is not yet ready for a very large shopping center. He expressed his concern that the staff police the landscaping very closely. Further concern was express by Members Wold, Mulrooney, and Bohne about whether a PDQ or convenience store is the best way to start what may be • a very crucial area of development for the City. Mr. Hum, an Eagan resident, expressed concern that a convenience center fit into the City's master plan for development of the area. There was further expression of concern about 4 0 0 • the possible uses of building by Members Wilkins and Hall. There was further discussion as to whether it would be more appropriate to defer decision on the matter until further informationcould be submitted concerning architectural control, landscaping, signing, and other details of the plan, or as to whether it would be better to deny approval with certain conditions and send the matter to the Council for their review. Mulrooney moved and Wold seconded the motion that the matter of development of a small strip center of the approximate size as shown, be deferred for reconsideration at a later time, based upon consideration of a more precise proposal showing location, size, proposed uses, facing of buildings, type of brick, type and size of road, street placement and access, and other details. Voting yes were Hall, Wold and Mulrooney, and voting no were Bohne, Krob and Wilkins, and the motion died. Bohne moved and Wilkins seconded the motion to recommend denial of the application for preliminary plat approval for Downtown Eagan First Addition containing three commercial lots and two outlots on approximately 14 acres located at the southeast corner of Diffley Road and Lexington Avenue in the Northwest quarter of Section 26 on the basis that it is inappropriate to start a major development such as this with a small strip shopping center, and that insufficient information concerning proposed uses, facing, type of brick, type and size of road, access, architecture, sidewalks, and other details had been presented to the Advisory Planning Commission for it to approve the plat. Also, it was noted that guidelines should be put into palce before action is taken. Member Krob stated that he is not against the strip concept, but would • vote yes in order to have the matter referred to the Council to avoid greater delays. Voting yes were Members Krob, Wilkins, and Bohne. Voting no were members Mulrooney and Wold. Abstaining was Chairman Hall. The motion passed. FLOOR BIN INTERNATIONAL - PRELIMINARY PLAT Chairman Hall convened the continued public hearing concerning the application for preliminary plat approval for Flour Bin - Burger King containing two commercial lots and consisting of 3.2 acres located at the southeast. corner of Cliff Road and Nicols Road. in the Northeast quarter of Section 31. It was noted that this had been continued from the previous hearing on July 24, 1984. Dale Runkle noted that a change had been made in the proposed plat -from the previous hearing to eliminate the Holiday Station store, the Rapid Oil Change store, and the Daycare Retail building. The new proposal contains a proposed Flour Bin restaurant and a Burger King restaurant. Mr. Runkle noted the primary concerns were retaining a natural buffer along the south linelof ttie property between the proposed parking lots and the adjoining residential properties, and the potential problem of circulation at the entry/exit adjacent to Cliff Road. He also noted that the applicant was present and had met with the neighbors to the south concerning buffering and trees. Eagan resident Steve Darling who lives in Cedar Cliff Addition stated his concern about the number of fast food restaurants in the area and the high traffic and noise that they generate. Concern was expressed by Member Bohne about possible internal traffic problems adjacent to the entrance/exit at • Cliff Road and the exit from the proposed drivethrough at the proposed Burger King building. The applicant stated that Burger King has committed to the site subject to the necessary approvals. Members Mulrooney and Hall noted 5 0 0 and that on that basis it would be very difficult to deny the preliminary plat • _ if all ordinance requirements were met. Member Wilkins moved,:and Member Krob seconded the motion, to recommend approval of the application for preliminary plat of Flour Bin/Burger King as amended containing two commercial lots and consisting of 3.2 acres located at the southeast corner of Cliff Road and Nicols Road in the northeast quarter of Section 31 subject to the following conditions: 1. A detailed grading, drainage, and erosion control plan shall be submitted and approved by staff prior to approval of the final plat. 2. A detailed landscape plan shall be submitted and approved by staff and a landscape bond for an adequate amount should be submitted and not released until one year after the landscaping has been completed. 3. The applicant should apply for a conditional use permit for the drive -up facility of the Burger King Restaurant. 4. The proper permits should be applied for in order to obtain signage for the two restaurants. 5. There shall be asphalt surfacing on the parking lot and concrete curbing shall be installed around the perimeter of the parking area. 6. A lighting plan shall be submitted and reviewed by City staff. • 7. Curb medians and islands 'shall be placed in accordance with the exhibit in order to channel the circulation. 8. The plat shall be reviewed by the Dakota County Plat Commission because of the access onto Cliff Road. The plat should be subject to the Plat Commission's comments and recommendations. The plat should be subject to the Park Commission's review and comment for park dedication for commercial industrial property. 9. All other City ordinances should be adhered to. 10. A detailed grading plan depicting existing and proposed two -foot contour intervals and proposed drainage patterns along with a detailed erosion control plan shall be submitted to the Engineering Department for approval. 11. If installed privately, plans and specifications for utility extensions or connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 12. The maximum width for access onto Cliff Road and Nicols Road shall be 32 feet from face of curb to face of curb. 13. A 40 -foot half right-of-way shall be dedicated for Nicols Road. 14. Easements shall be dedicated as referenced within this engineering report. • 15. Concrete islands shall be required within the parking lot area 0 s • according to staff's recommendations. • 15. Sidewalks where parking abuts shall be a minimum of 10 feet wide. 17. This development shall ;be responsible for upgrading trunk area water assessments over parcel 020-4, trunk area storm sewer over the entire parcel, lateral benefit from trunk water main on Nicols Road, and lateral benefit from trunk sanitary sewer along the east side of this development at the rates in effect at the time of final platting. 18. All additional costs of developing this proposed area shall be the responsibility of this development. 19. A plan to buffer"the south and east areas between the existing residences and the commercial property shall be submitted and approved by City staff. All members voted in favor. CEDAR CLIFF CMgMCIAL PARK CONDITIONAL USE PERMIT FOR PYLON SIGN The next hearing relating to an application for a conditional use permit for a pylon sign to be located at the Cedar Cliff Shopping Center located at the northeast corner of Cliff Road and Nicols Road in the southeast corner of Section 30 was opened by Chairman Hall. Dale Runkle explained the application and noted that while the application requested approval of a sign face with 70' square feet per side, the developer preferred to have approval of a sign not • to exceed 125 square feet on each side so as to allow additional sign space for the two major anchors in the shopping center to have their names included. The proposed sign is 20 feet high and 15 feet wide with the name of the shopping center on one area toward the top of the sign, with a separated reader board underneath the main part, and with space between the main portion of the sign and the reader board for areas to be inserted later stating the names of the two major tenants. The main part and the reader board alone would be 70 square feet on either side. The sign would be illuminated with lights recessed inside the facia on top of the sign. Eagan resident Steve Darling raised questions concerning the size and height of the sign, the look of berming behind -the center, and the elevation of the development. Tim Mernane, representing the applicant Federal Lane Company, stated that the sign would be illuminated but that the lighting would be controlled by a time clock. Mulrooney moved and Bohne seconded the motion to recommend approval of the application subject to the following conditions: 1. Upon completion of the construction of the pylon sign, the existing temporary advertising sign for the shopping center shall be removed. 2. No more than one sign will be allowed for Cedar Cliff Shopping Center. • 3. The sign shall be no more than 20 feet in height and not to exceed 70 square feet per side. 7 4. The sign shall be located at least ten feet in from the R.O.W. lines • and shall not obstruct driver's vision. Member Mulrooney noted that his motion was to have the sign as originally proposed, that is 70 square feet maximum, with the understanding that if the applicant has a specific proposal for a larger sign, it could come in and ask for approval of that sign subject to the ordinance limit of 125 square feet. Member Wold stated that he felt that the request for 125 feet should be approved at this time, and Chairman Hall stated that a 125 -square foot sign was proposed he would want to see the new design before approving it. Chairman Hall, and Members Bohne, Wilkins and Mulrooney voted in favor, Members Brob and Wold voted against, and the motion passed. JOHN GRUIDL - CONDITIONAL USE PERMIT FOR USED CAR SAL BS LOT Chairman Hall convened the hearing on the application of John Gruidl for a conditional use permit to allow a used cars sales lot at the Union 76 station northwest corner of Nicols Road and Diffley Road in the southwest quarter of Section 19. Dale Runkle explained the proposal stating that the property is currently zoned General Business which allows such a use only with a conditional use permit. Mr. Gruidl stated that he believed that there would be sufficient parking on his lot and the Union 76 lot to avoid on -street parking, that no pylon signs were requested but only ground signs, that on his lot there would be one parking space for a customer in addition to space for the used cars, that any other customers could park on the remainder of the Union 76 lot, that it was understood that there would be less space and less cars on the lot during the winter, and that the portable ground signs would • not be lit. Bohne moved and Hall seconded the motion to recommend approval of the application of John Gruidl for a conditional use permit to allow a used car lot at the Union 76 station at the Northwest corner of Nicols Road and Diffley Road in the southwest quarter of Section 19 subject to the following conditions: 1. The proposed signs meet all the City ordinance requirements and will not obstruct the vision of drivers or pedestrians. 2. There will be no on street parking for the service station or sales lot. 3. The vehicle sales lot will be limited to 10 vehicles with the maximum vehicle length being 20 feet. 4. No accessory buildings will be allowed for the sales lot. 5. That the conditional use permit shall be reviewed after two years. All members voted in favor. SILL ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing for the application of Road Machinery and Supply Company and Mike Sill for preliminary plat approval for Sill Addition and for approval of a variance to allow a portion of the building to • be placed within the 100 -foot setback area, Sill Addition containing one industrial park and consisting of 13.96 acres located in part of .the northeast H quarter of section 19. Dale Runkle noted that the original application for • this had been made in 1978, that it had been modified in 1980, and approved by the City Council at that time, and that this hearing was for the purpose of reviewing the proposal again in light of current conditions. Mike Sill appeared on behalf of the applicant and explained that there would be little traffic and that he would be able to screen the property from the residential neighborhood as necessary. Mr. Lester Spencer and other neighbors across Silver Bell Road from the proposed plat stated that there is considerable water damage to their property as a result of storm water drainage from the subject property, and that development of the property would increase the problem. Mr. Spencer stated that a berm had been built by Mr: Sill previously and that the berm should stay and that other precautions should be taken to correct the current problem and prevent additional problems. Rich Hefti of the Engineering Department sbated that he was aware of the concerns, that the Engineering Department had not had the opportunity to review the matter in detail, but that a review of the problem would be completed before the matter is submitted to the City Council. In response to questions from the Councilmembers, Mr. Sill stated that he does not own the triangle of property to the east of the proposed plat, but that he does intend to purchase the small triangle to the west of the property. The requested setback is a 50 - foot setback as opposed to 100 feet as required by the ordinance. Mr. Sill stated that he would correct whatever drainage problem might exist. Wold moved and Wilkins seconded the motion to recommend approval of the preliminary plat and variance for Sill Addition containing one industrial lot and consisting of 13.96 acres located in part of the northeast quarter of Section 19, subject to the following conditions: • 1. If the triangle to the east is acquired, and the building is moved easterly, then the aplicant should review with the staff the potential realignment with Wuthering Heights Road of the access road. 2. The parking areas shall have a bituminous surfacing with concrete curbing around the perimeter. The storage area shall be required to have a crushed rock base and dust control shall be implemented on this area. 3. There shall be no storage of equipment on the north side of the building. 4. The plans, including drainage, shall be reviewed by the Minnesota Highway Department, because the proposed plat abuts the state highway. 5. The proposed office facilities shall be limited to 15,900 square feet unless additional parking spaces are provided. 6. The developer shall submit a detailed landscaping plan to staff for its review and approval and provide an adequate landscaping bond and shall pay particular care to screen and buffer the industrial and residential areas. 7. All easements shall be required in accordance to the recommendations of the City staff. 8. The westerly entrance drive should be relocated to avoid direct • access toward building. • 9. All utility relocations and/or removal shall be accomplished at the • developer's expense. 10. All utilities subsequently located within the property limits of this plat will become the private maintenance responsibility of the developer. 11. A revised grading, drainage, and erosion control plan shall be submitted and approved by City staff prior to final plat application. 12. A 40 -foot half right-of-way shall be dedicated for Silver Bell Road. 13. The 50 -foot setback variance is only applicable to portions of the building protruding within 50 feet of north property line and the triangle to east required the setback still applies only to that portion of the building. 14. That no parking facility or other use than greenery for setbacks shall be required. 15. That the conditional use permit be approved subject to compliance with all City ordinances and requirements and that if a conditional use is required, that the APC recommends approval of a loading dock. 16. There shall be a detailed review of the drainage plan to ensure that adequate drainage is provided and to avoid intrusion of drainage upon adjacent residential property. 17. Specific building and site plans shall be submitted for staff review • prior to any City approvals. 18. Revised landscaping and drainage plans shall be submitted to help mitigate the conflict between the industrial use and the adjacent residential area. 19. Recently there has been the construction of a Naegele billboard on the subject parcel, if the plat contains the building and sign on the lot, the sign should'be removed. All members voted in favor except Chairman Hall who abstained. SILL ADDITION - CONDITIONAL USE PER1IIT FOR OUTSIDE STORAGE Chairman Hall convened the hearing concerning the application of Road Machinery and Supply Company and Mike Sill for a conditional use permit to allow outside storage in an industrial district, proposed Sill Addition. Based upon the previous discussion, Wilkins moved and Wold seconded the motion to recommend approval of the application for a conditional use permit to allow outside storage in an industrial district, proposed Sill Addition, subject to the condition that the conditional use permit shall be reviewed every two years. All members voted in favor except Chairman Hall who abstained. OAR CLIFF THIRD ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing on the application of Amoco Oil • Company for preliminary plat approval of Oak Cliff Third Addition containing one commercial lot and one outlot on 8.98 acres located at the southwest 10 0 0 corner of Slater's Road at Cliff Road in the NW 1/4 of Section 31. Dale • Runkle explained the application and the applicant, represented by Mr. Jim Fillippi, explained that the applicant agreed with the staff recommendations except that it preferred a 32 -foot driveway width rather than 24 feet in order to be able to accomodate gasoline transportation trucks. Rich Hefti stated that if 32 feet was necessary to accomodate such trucks, City staff did not oppose that, but that it preferred the smaller width to avoid confusion of drivers if the entrance is too wide. Mr. Hum, a resident of Eagan living approximately a mile south of the subject property off of Slater's Road, stated that he felt that the proposed gas station would create traffic problems which would make. access to his home difficult. He requested preparation of an Environmental Impact Statment. Member Wold stated that Limited Business use is already approved under the Planned Development and that the Advisory Planning' Commission and City Council have previously approved the concept of pumper and service bays on the site. Dale Runkle noted that a signal will ultimately be installed at the corner of Slater's Road and Cliff Road and that Slaters Road may extend northward into the Cinnamon Ridge area. Mulrooney moved and Wold seconded the motion that the application of Amoco Oil Company for preliminary plat approval of Oak Cliff Third Addition containing one commercial lot and one outlot on 8.9 acres located at the southwest corner of Slaters Road and Cliff Road in the northwest quarter of Section 13 be recommended for approval subject to the following conditions: 1. A detailed landscape plan shall be submitted for approval by the City staff along with an adequate landscape bond which will be released one year • after the landscaping is completed. 2. The number of parking spaces be increased to 20. 3. The plat should be subject to review and approval by the Dakota County Plat Commission and the Minnesota Department of Transportation since the plat abuts county and state roads. 4. The plat shall be subject to the review and recommendations of the Advisory Park Commission for park dedication requirements. 5. The minimum required building setback shall relate to any canopy, weather protection, pump island or building. 6. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require a conditional use permit for an approved open sales lot. 7. A minimum twenty -foot (20) landscaped yard shall be provided along all abutting public rights-of-way lines, except where approved driveways occur. 8. All goods offered for sale on the motor fuel station site, other than those generally required for the operation and maintenance of motor vehicles, shall be stored, sold and displayed within a building. • 9. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. 11 • 10. The outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. 11. This development shall be responsible for the construction of a 6 - inch water service line to this property either under private contract or public contract. 12. If the water main is installed under private contract, the plans and specifications shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 13. If the water service is to be constructed under a public contract, then this development will be responsible for submitting a petition for the water main installation. 14. The curb cuts for the driveway entrances shall be made in accordance with City guidelines. 15. The driveway widths shall be 32 feet maximum. 16. A 10 -foot drainage and utility easement shall be dedicated along Cliff Road with a 5 -foot drainage and utility easement dedicated adjacent the easterly and southerly property lines. 17. All costs associated with this development shall be the sole • responsibility of this development All members voted in favor. FOREST RIDGE - PRELIMINARY PLAT Chairman Hall convened the hearing concerning the application of Forest Ridge Partnership for preliminary plat approval of Forest Ridge containing 249 dwelling units on 20 acres located at the northeast corner of Duckwood Drive and Denmark Avenue in the northwest quarter of Section 15. Dale Runkle explained the application noting that it fulfilled all garage and parking requirements, that the townhouses around the pond area did not fulfill the required 25 -foot setback, but that this would be revised to comply, that the applicant and neighboring property owners had met concerning the application the previous night. Dan Gustafson appeared for the applicant and stated that he agreed with staff recommendations including setbacks on the townhouse units. He discussed the apartment building adjoining Duckwood Estates, and noted that the building would be built into the side of the hill with the walkout level on the outside toward the rear of three lots in Duckwood Estates. He further noted that parking in that building would be screened from the residential areas, and that if townhouses were installed in the area as an alternative, because of the topography, the garages and street access would have to be adjacent to the rear lot lines of the neighbors in the Duckwood Estates development. A number of neighbors expressed their opposition to the apartment • building in the southeast corner of the development, including Brian Malloy, Claudia Devnar, Rick Roth, Ed Findley, Cathy Malloy, and Marilyn 'McKee. They 12 stated that a 50 -foot setback was not enough from the single family • residential area, that the high density would destroy the quiet and safe nature of the area, that the building would be too high and would dominate the residential properties, and that there are insufficient trees to screen the apartment building from the neighboring properties. Chairman Hall referred to a letter dated August 24, 1984, received from Charles Mizia, a neighbor who expressed concern that the natural tree barrier between his property and the proposed plat not be affected. A copy of the letter is made a part of these minutes. Mulrooney stated that he believed that an environmental assessment worksheet would be required in this case and suggested that if the preliminary plan is okayed it might be done subject to approval by the necessary agencies of the EAW. Mr. Runkle stated that an EAW would require the neighbors' concerns to be analyzed and addressed. Dan Gustafson indicated that he was comfortable with having an EAW prepared, that much of the traffic could be handled by Denmark Avenue and that Duckwood Drive would not be required to handle all of it, that there are no balconies facing Duckwood Estates, but that there are patios on the lower level, and that all but a very few of the existing trees will not be disturbed. Neighbor Brian Malloy stated his belief that a berm or privacy fence would still be necessary. Members Mulrooney and Wold noted that the proposed density is within the allowed limits and that the current zoning of R-4 cannot be avoided. Chairman Hall suggested consideration of removing the top floor of the apartment building in the southeast corner and adding those units to other buildings which are farther from Duckwood Estates. Member Wilkins stated that the City always prefers a buffer between multiple residential and single family residential and that • townhouses might be more appropriate in the southeast corner. There was discussion about continuing the matter to allow further discussion of the apartment building in the southeast corner, on proposed Lot 12, and Mr. Gustafson noted that he has asked the City Council for approval of financing assistance which will be heard on September 18 and that the financing must be completed by October 12. Mr. Gustafson further noted that this is not low income housing but that if industrial revenue bonds are used to finance the project, it would be required that 20% of the units be available for low income persons pursuant to Section 8, but that the City Council generally requires that 20% be the maximum. Chairman Hall moved and Member Wilkins seconded the motion to continue the hearing 'on the call of the chair to allow further discussions among the developer, the neighbors, and City staff, to attempt to resolve the problem with the apartment building in the southeast corner. All members voted in favor. S & W INDUSTRIAL ACRES - PRELIMINARY PLAT Chairman Hall convened the public hearing on the applicatiGn of J. E. Parranto Associates for preliminary plat approval of S & W Industrial Acres containing four industrial lots on 16.85 acres located in part of the southwest quarter of Section 19. Dale Runkle explained the application noting that the lot in question is very visible but that the access is limited. He further noted that E -Z Mini Storage has been there for some time and that the -City Councill.:has approved .,expansion of E -Z Mini Storage subject to approval of platting. It was noted that the proposed plat would contain three lots and an • outlot for road purposes, that E -Z Mini Storage is currently located on Lot 1, that it desires to expand into Lot 2, and that John Deere has expressed interest in using Lot 3. Rich Hefti noted that either the proposed road 13 0 0 connection to Old Highway #13 would have to be shifted to the northeast to • avoid a steep grade, or a variance would have to be granted from the 2% approach slope regulation. Wold moved and Mulrooney seconded the motion to recommend approval of the preliminary plat of S & W Industrial Acres containing four industrial lots on 16.85 acres located in part of the southwest quarter of Section 19, 'subject to the following conditions: 1. The plat be reviewed by the Minnesota Department of Transportation because the plat abutts state right-of-way. 2. The plat be subject to commercial park dedication on the undeveloped lots. 3. There shall be a detailed grading, drainage and erosion control plan submitted and approved by the City staff prior to attaining final plat approval. 4. All other City ordinances shall be adhered to. 5. The intersection of the public street and Old Highway 1113 shall be shifted northeasterly to accomodate the 2% approach slope requirement. 6. A detailed grading and erosion control plan should be submitted to the Engineering Department for approval prior to final platting approval. 7. Storm sewer will be required to collect runoff from this development and transmit into pond AP -6. • 8. This development will be responsible for the installation of streets and utilities for this development. 9. A 60 -foot right-of-way shall be dedicated on the plat for the public street. 10. Easements of sufficient width shall be dedicated over the storm sewer required between the public road and pond DP -6. 11. A 10 -foot utility easement will be required to be dedicated adjacent all public right-of-way with 5 -foot drainage and utility easements being dedicated adjacent all remaining lot lines. 12. The public streets shall be named prior to final plat approval. 13. All costs associated with the installation of the streets and utilities will be the sole responsibility of this proposed development. All members voted in favor. KEG F= ADDITION - PRELIMINARY PLAT AND REZONING Chairman Hall opened the public hearing concerning the application of Gary King for preliminary plat approval and rezoning of King First Addition, containing eight single family lots on approximately five acres located in • part of the northwest quarter of Section 25, rezoning to be from Agricultural to R-1. Dale Runkle explained the application and noted that road grades were I 14 not yet set and the impact of the topography on the installation of utilities • had not yet been thoroughly evaluated. The property is steeply sloped. Gary King appeared and stated that his surveyor, Del Schwanz, had indicated that the grades would not be a problem in developing the property. Jerry Sauter, owner of the property immediately to the east of the subject property, stated that Lots 5 and 6 of the proposed plat drain into the Sauter property, and that erosion control would be necessary if the property were developed. He also noted that other property owners as well as himself and his wife on Hackmore Drive oppose the installation of sanitary sewer and water along Hackmore Drive because it is not cost effective, and proposed instead that King 1st Addition be serviced from Golden Meadow Road.. Other neighbors, including Arnold Marks, Tom Murr, Jean Moore, and Mrs. Murr, all addressed the proposal and expressed concern about drainage and the amount of assessments and indicated that they believed their properties would not be benefitted to the extent of the assessments. Tom Murr suggested a per lot assessment rather than a per square foot assessment because he has a large lot which, due to a sizeable easement and low lying areas, cannot be subdivided. The Moores stated that their property was in the same situation. Wilkins moved and Bohne seconded the motion that consideration of the preliminary plat and rezoning of King First Addition be continued until the next regularly scheduled Advisory Planning Commission meeting for the sole purpose of allowing the developer to meet with neighbors and review the grade elevations and drainage on the property and to allow feasibility reports for sanitary sewer and water to be completed. All members voted in favor. KING 2ND ADDITION - PRE[JUNARY PLAT AND REZONING • Chairman Hall opened the hearing concerning the application of Gary King for preliminary plat and rezoning of King 2nd Addition containing five single family lots on approximately five acres located on part of the northwestern quarter of Section 25, with rezoning to be from Agricultural to R-1. It was noted that there are similar concerns relating to drainage, grades, elevation, and feasibility of utilities in King 2nd Addition as had been expressed for King 1st Addition. Wilkins moved and Bohne seconded the motion to postpone consideration of Gary King's application for preliminary plat and rezoning of King 2nd Addition until the next regularly scheduled Advisory Planning Commission for the sole purpose of allowing the developer to meet with the neighbors to review grades, elevations, drainage, and to allow preparation of feasibility reports for sanitary sewer and water. All members voted in favor. • Upon motion duly made and seconded, the meeting adjourned at 1:30 a.m. All members voted in favor. 15 Secretary, APC