08/28/1984 - City Council Regular0
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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
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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.
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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
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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
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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
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• 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
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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
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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.
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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
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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.
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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
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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.
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• 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
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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
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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
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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.
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Secretary, APC
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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
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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.
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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
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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
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• 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
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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
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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.
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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
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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.
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• 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
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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
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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
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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.
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Secretary, APC