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10/23/1984 - City Council Regular0 n U 0 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 23, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on October 23, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall and Members, Wilkins, Krob and Wold. Member Taylor arrived at 7:25 p.m. Absent were members Bohne, McCrea and Mulrooney. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Chairman Hall convened the meeting and recommended that the Planning Commission discuss under other business the workload and meeting agenda for the rest of the year. Krob moved, Wold seconded the motion to adopt the Agenda with the addition recommended by Chairman Hall. All members voted in favor. Wold moved, Hall seconded the motion to approve the minutes of September 25, 1984. Hall and Wold voted in favor; Wilkins and Krob abstained, having been absent from the meeting. The motion passed. LA BB STATES EQUIPMENT CO. - CONDITIONAL USE PERMIT The application of Quentin Otis for a conditional use permit for Lake States Equipment Company to allow outside storage of equipment on approximate- ly 5.7 acres located on Lots 1 through 5, Block 6, Eagandale 3rd Addition, south of Gemini Road and east of Lexington Avenue, was brought before the Planning Commission. City Planner Dale Runkle noted that the applicant had requested a continuance to the regular meeting of the Planning Commission in November. Chairman Hall moved, Krob seconded the motion to postpone con- sideration of the application to the regular meeting in November. All members voted in favor. BELL COMPANY - SPECIAL PERMIT The public hearing concerning the application of Northwestern Bell Company for a special permit to allow a telephone utility building on approxi- mately .1 acre located in part of the southwest quarter of the southwest quarter of Section 23, west of Lexington Avenue and north of Diffley Road, was • convened by Chairman Hall. City Planner Dale Runkle introduced the applica- tion and noted that the parcel to the north has been purchased by the City for 1 0 • APC Minutes October 23, 1984 49 use as a well reservoir. The applicant was not present and there was no public comment. Dale Runkle noted that the design of the proposed building is similar to the design of other structures constructed by Northwestern Bell and that the other buildings were constructed well and landscaped well, in general. Member Wilkins noted that the landscaping for the building on Cedar Avenue by the Baptist Church was not well done. Member Krob moved, Wilkins seconded the motion to recommend approval of the special permit to allow a telephone utility building on the property described above, subject to the following conditions: 1. A minimum 50 foot building setback shall be maintained from the right-of-way of Lexington Avenue. 2. All other City ordinances shall be adhered to. 3. A detailed landscape plan shall be submitted for review and approval by City staff, and a landscape bond acceptable to City staff shall be posted and the conditions of the bond shall be strictly adhered to. • All voted in favor. LDNKA ADDITION - PRELM"ARY PLAT & VARIANCE Chairman Hall convened the hearing on the application of Rose Lunka for preliminary plat approval of Lunka Addition for two single-family lots on one acre and for a variance from the average front setback requirements along Towerview Road, for the area located in part of the northwest quarter of Section 10, along Towerview Road and east of Pilot Knob Road. City Planner Dale Runkle reviewed the application and noted that City staff had made a recommendation that Towerview Road be upgraded to City standards for the purpose of bringing the issue before the Planning Commission to discuss whether. it is necessary at this time to upgrade Towerview Road. Mr. Runkle noted that one of the lots had an existing home and the other lot on the proposed plat does not. The applicant, Rose Lunka, appeared and requested that Towerview Road not be required to be upgraded to City standards at this time because the property on the north of Towerview Road is undeveloped. It was noted that while the average setback along Towerview Road is 50 feet, the home immediately to the west of the plat faces Pilot Knob Road and has a side yard setback of less than the proposed 30 foot setback and that the overall effect in allowing the 30 foot setback would not be distracting. Dale Runkle noted that by allowing the 30 foot setback, a number of trees in the back yard of Lot 2 would be saved and use of the back yard as a garden would be allowed. Assistant City • Engineer Rich Hefti noted that the gravel road on Towerview Road is in good shape and that there is little traffic on it. During the discussion, member Taylor arrived. One of the neighbors noted that he had no objection to the proposed 30 foot setback. 2 9 • APC Minutes October 23, 1984 10 Member Wilkins moved, Wold seconded the motion to recommend approval of the preliminary plat of Lunka Addition for two single-family lots on one acre and to recommmend approval of the variance for a 30 foot front yard setback for Lot 2 with the understanding that Towerview road will not be required to be upgraded until there is future development to the north of Towerview Road, subject to the condition that a 30 foot half right-of-way for Towerview Road shall be dedicated with this plat. All members voted in favor. Dale Runkle noted that this application and the next application are scheduled for hearing at the October 30, 1984 meeting of the City Council. JOHANNES ADDITION - PRELIIIINARY PLAT The hearing on the application of John Tapper for preliminary plat approval of Johannes Addition consisting of 5 single family lots on 5.4 acres located in the southwest quarter of Section 13, west of Elrene Road, was convened by Chairman Hall and the Chairman noted that there was an addendum to the staff report, which the chair read. Dale Runkle reviewed the application and noted that this proposed plat is part of Gopher -Eagan Planned Development • which designates this property for multiple -residential use. He mentioned that the lay of the land makes this proposal for single family units prefer- able to the original proposal. There were no comments by the public. It was further noted by Dale Runkle that the area to the north of the proposed plat will probably connect to the property to its west, which is zoned R-4, and that the subject parcel is adjacent to property to the south zoned R-1 and property to the west zoned Agricultural, which is planned to be developed as R-1 in the Comprehensive Guide Plan. He further stated that if the plat is approved, it will become an amendment to the planned development. agreement as well. He also noted that the reduction in the number of units in this portion of the planned development would not result in increased density in other portions of the planned development. Member Wold moved and member Krob seconded the motion to recommend approval of the preliminary plat of Johannes Addition, consisting of five single family lots on the property described above, subject to the following conditions: 1. A public improvement project for storm sewer extension shall be authorized prior to final plat approval. 2. A 20 foot wide utility easement shall be dedicated over all storm sewer lines along with a ponding and utility easement dedicated to encompass the HWL for Pond JP -33- 3. An 80 foot right-of-way shall be dedicated for Elrene Road. 4. This development shall be responsible for trunk area storm sewer and • lateral benefit from trunk water main and sanitary sewer. 3 0 0 APC Minutes is October 23, 1984 5. All costs associated with internal lateral utility improvements and street improvements, including the widening of the west half of Elrene Road shall be the sole responsibility of this development. 6. This preliminary plat shall become an amendment to the Gopher -Eagan Planned Development to allow the R-1 use. 7. The dedication of a utility easement for the storm sewer overflow from Pond JP -33 to Pond JP -12 shall be required along with the installation of this overflow line. All voted yes. CEDAR SPACE CENTER ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing on the application of Norse Develop- ment for preliminary plat approval of Cedar Space Center Addition consisting of ten self -storage buildings on three lots on 13 acres located in the South- west quarter of Section 18, northeast of new Cedar Avenue. City Planner Dale Runkle introduced the application and stated that an Addendum to the staff report discussed the need for extension of a road from old Cedar Avenue, underneath the railroad bridge for the Cedar Avenue freeway. He stated that the applicant was aware of the problem and that the applicant had agreed to modify its proposal to allow for the question to be discussed and decided. at a later date as to whether the road will go along the section line to the south of the proposed plat, or whether it will go through the plat to the north of proposed Lot 3. He further indicated that the property is zoned Light Industrial and that the use is compatible with that zoning and with the existence of E -Z Mini Storage to the west of the Cedar Avenue freeway. He further noted that the Comprehensive Guide Plan had proposed that Silver Bell Road be extended to the west under the railroad bridge as previously described. The applicant, Peter Stalland, appeared and noted that there was an agreement with City staff to dedicate a road easement along the section line and to plat only Lot 3, with the remainder of the plat to be platted as an outlot so that it can be determined later whether the road will be along the section line or to the north of Lot 3. Mr. Stalland reviewed the follow- ing changes to the plat: 1. Lots 1 and 2 will be platted as an outlot in response to the road issue. 2. The area of the self -storage buildings will be increased from 74,000 to 84,000 square feet and an additional row of buildings and more parking spaces will be added. • 3. The office is being moved and direct access to old Cedar Avenue is being proposed. 4 0 • APC Minutes October 23, 1984 0 4. It is now proposed that the distance between buildings be 28 feet and not 40 feet. In response to a question from a neighbor concerning how the buildings would hold up on the soft ground and what would happen to the stream running through the area, Mr. Stalland indicated that soil samples had been taken and that there are several possibilities which will allow the buildings to stand up on the soft ground and he further noted that the development will not affect the stream. Another neighbor stated that one woman living across the street from the proposed development is very unhappy about this development, and that he felt the same, due to the beauty of the area. Mr. Stalland stated that the same type of architecture is being proposed for this development as has been used in the E -Z Mini Storage development. There were concerns about the affect of the building on site lines for the neighborhood, about noise in the nieghborhood, about thefts in these types of developments, and about the effect of lights in the development on neighboring properties. Peter Stalland stated that a fence is proposed around the development to be eight feet high and that there will be a year-round resident caretaker on the site in an apartment adjacent to the office, and that these precautions should reduce thefts. Mr. Stalland stated that there are trees buffering the house adjacent is to the property to reduce the effect of lights, and the property directly across the street from the development is also zoned Light Industrial. Member Krob moved, Wold seconded the motion to recommend approval of the application for preliminary plat for Cedar Space Center Addition, consisting of 12 self - storage buildings on one lot and one outlot on the property described above, subject to the following conditions: 1. A public improvement project for water main/storm sewer installation shall be authorized prior to final plat approval. 2. This development's grading and drainage plans shall be reviewed by the Lower Minnesota River Watershed District prior to final plat approval. 3. This development shall be responsible for all costs associated with internal streets and utilities and all lateral benefit from water main and storm sewer improvements. 4. One residential unit for on-site caretaker shall be allowed for security purposes. 5. A detailed landscaping plan, including adequate buffering for neighboring properties shall be approved by the City, and an adequate land- scape bond shall be submitted for City approval and not released until one year after completion of the planting. 6. The applicant shall dedicate a road and utility easement approved by • City staff along the section line with the understanding that the City will grant a variance for setback purposes in the event that the road is installed along that easement. L • APC Minutes October 23, 1984 0 7. The City shall review and approve a lighting plan to reduce reflec- tion on neighboring properties. All members voted in favor. OAKWOOD ADDITION - PRELUUNARY PLAT Chairman Hall convened the hearing for preliminary plat approval of Oakwood Addition submitted by Vince Kennedy, consisting of 14 single family lots on 7.5 acres in the southeast quarter of Section 4, at the northwest corner of Lone Oak and Pilot Knob Roads. Dale Runkle introduced the applica- tion and stated that this plat will set a trend for the area which is at this time, largely undeveloped, that there is one previously existing land -locked parcel which is being platted as Lot 3, Block 1, which does have easement access along the easterly border of the property immediately south of Lot 3, Block 1, and that the City is not creating a land -locked parcel, it is merely including it in the plat. He indicated that the Assessment Committee had reviewed a similar proposal in 1980 and at that time had approved a deferral • of assessments on neighboring properties which were not being developed at that time, but that the same issue would have to be addressed again by the assessment committee in connection with this proposal. Vince Kennedy appeared on behalf of the proposal and stated that the owners of property to the north were open to the plan. The grandson of Eleanor Heinz appeared and requested to know the effect on the Heinz's property which is immediately adjacent to the proposed plat on the north. It was noted that the proposed street will end at the boundary of her property and that she will not be assessed for street, and that utility assessments could be levied against the Heinz's property, and that a deferral of the assessments could be requested, but no guarantee could be made at this time that the deferral would be granted since that is up to the City Council. Kenneth M. Erickson, owner of the property immediately to the west of the proposed plat, indicated that he would like to see the roadway looped across his property and would very much like to see overall development planned before any plats are approved. He also indicated that he has attempted to get the neighbors together to discuss an overall development plan, but since he has no legal authority, many of the owners have not been cooperative. He requested that the City do what it can to plan overall development. Assistant City Engineer Rich Hefti noted that a few years ago Mr. Erickson did prepare a layout for the area. Robert Erlandson, owner of Lot 1 of Treffle Acres, to the north of the prposed plat, stated that he agrees with Mr. Erickson and further noted that there were already two land -locked parcels in the area. Mr. Kennedy noted that this plan differed from the 1980 plan in that it did not include a cul-de-sac but allowed for looping with the adjacent properties, but that he could not guarantee coopera- tion of the owners to the west and north. Questions were raised concerning • what legal power the City has to require a concept plan or to require the neighbors to develop their property in conformity with any concept plan. Rich 3 0 • APC Minutes October 23, 1984 0 Hefti noted that a number of easements would be required for utilities and that it should be up to the developer to obtain the easements for sewer and water and for drainage and storm sewer. Mr. Erlandson stated that the Heinz property only has a cartway easement across the south 16.5 feet of his property to the east of her property, and that this cartway easement is less than a roadway easement and does not allow construction of a road. It was further noted that the Reizel property is also land -locked. Member Wilkins stated that she would like to see the 1980 plan and would also like to see a concept plan, especially in regard to the impact of the large parcel to the north and west of the proposed plat. She also indicated that a temporary circle would be necessary at the north of the street to be used as a turn- around for fire vehicles, and Rich Hefti agreed and stated that this would be part of the plan review. Mr. Kennedy noted that he has talked with members of the Woods, Reizel and Heinz families and that he would be glad to meet with Mr. Erickson and any of the other neighbors to discuss a concept plan. Dale Runkle indicated that while no written concept plan had been prepared, that the proposed plat was consistent with the concept of including a looped street in the area. Chairman Hall moved, Wold seconded the motion to recommend approval of the preliminary plat for Oakwood Addition consisting of 14 single family lots on 7.5 acres in the property described above, subject to the • following conditions: 1. A public improvement project for streets and utilities including the lift station outlet for Pond DP -1, shall be authorized prior to final platting. 2. The centerline of Oakwood Drive shall be shifted seven (7) feet easterly. 3. (a) A 50 foot frontage -on public right-of-way shall be required for Lot 3, Block. 1, or (b) The access easement across Lot 6 of Zehnder Acres shall be provided to City staff for their review and approval and .shall be shown on the final plat. 4. A 55 foot half right-of-way shall be dedicated for Lone Oak Road. 5. This development shall obtain all easements necessary for extension of public utilities through property not included within this development. 6. This development shall be responsible for all costs of public improvements except those benefitting Lot 6 of Treffle Acres. 7. This development shall be responsible for trunk area water and sanitary sewer upgrading, trunk storm sewer and lateral benefit from trunk • watermain assessments. 7 0 • APC Minutes October 23, 1984 0 8. Lot 7, Block 1, and Lot 7, Block 2 shall relocate their driveway access onto Oakwood Drive. 9. That there shall be a temporary cul-de-sac at the north end of the road. Those in favor were Hall, Wold, Wilkins and Taylor; against was member Krob. The motion passed. , CTC BUSINESS CAMPUS - PRELIMINARY PLAT & REZONING Chairman Hall convened the hearing on the application of Anderson Development for preliminary plat approval of CTC Business Campus and amendment to the Blackhawk Park planned development, or rezoning to Planned Development, for one office -production building and one outlot on 22 acres located in the southeast quarter of Section 16, west of Pilot Knob Road. Dale Runkle introduced the application and noted that the property would either have to be rezoned to P.D. or the planned development for Blackhawk Park would have to be amended. He further noted that while it is not clear whether all of the • property is technically in the planned development, staff is treating it as if it is, because the change was brought about by the realignment of I -35E. He noted that access is proposed to be immediately across from Crestridge on Pilot Knob, but that it would be necessary to remove an existing residence to do this and that the applicant had not yet obtained the necessary property. Scott Anderson appeared on behalf of the developer and stated that this site had been chosen over approximately eight other sites that were considered in the City of Eagan because of its freeway visibility, the pond, and its access to the bank and proposed shopping mall across the street. He noted that the rear of the facility for parking and trucks is recessed from sight. Tim Fitzgerald, an officer of Check Technology Corporation, appeared on behalf of the owner of the property and explained the corporation is involved in computerized printing services and that little noise or truck traffic would be generated by the facility. He stated that proximity to the airport was very important to the company and that the company would provide jobs and community involvement. Mr. Anderson said that there are continuing negotiations with the owners of the property to the east, which would be used for access, and that if those negotiations did not work out, that the developer would be happy to connect to Englert Road, rather than Pilot Knob Road. Dale Runkle stated that there is a 40 foot setback adjacent to the freeway, but that otherwise the plan appears to be well done. Tom Merritt, a neighboring resident on Englert Road, stated that if the access was to Englert Road, that this would be immediately in front of his yard, and that his yard might end up being a turnaround for employees of CTC. • Rich Hefti noted that Englert Road is planned to be a cul-de-sac and it might be possible to extend a roadway from Englert to the north, along I -35E to 2 0 • APC Minutes October 23, 1984 10 Violet Lane. Dale Runkle indicated that a road has always been proposed along the East part of I -35E and that the proposed plat precludes bringing this road to the north of Englert Road and past the building, because the building is so close to the freeway. Mr. Merritt asked about the intended development of Outlot A which is immediately to the north of his property, across Englert Road and Dale Runkle indicated that multiple use was requested but that no specific plan ,had been made. Ron Bruestle, a resident of the area on Englert Road, mentioned the difficulty ;of getting on to Pilot Knob Road from Englert Road because of the heavy traffic. Ken Applebaum, a developer of property across Pilot Knob Road from the proposed development, welcomed CTC to Eagan, stated that the use was good, but mentioned concerns about access. He noted that from his many contacts with State and County officials concerning development of the area, that he was aware that Minnesota Department of Transportation and County transportation officials wanted access to the area to be lined up with Violet Road rather than Crestridge, that an access to Crestridge would be too steep to stack more than 8 cars and that there would be better stacking potential off of Englert Road. He further noted that Federal Land Company is purchasing the property to the north of the proposed development and that it is proposing a road to • the north. Martin Colon, one of the owners of Federal Land Company stated that the development was a fine development, but mentioned concerns regarding the access, and further noted that in November his company is coming in with a plan for development of the property to the north and across Pilot Knob Road and that a northerly access from the proposed plat would take traffic away from the residential areas and could connect to the major access planned at Violet Lane. Mr. Applebaum mentioned that Crestridge is only a 60 foot road and that Duckwood is an 80 foot road and plans are to signalize Englert Road and Duckwood Drive but not 'Crestridge. Scott Anderson noted that CTC's current lease expires in May and that they need to break ground in the fall in order to open the facility in the spring, negotiate with the other owners in other than a public forum, to provide access to the north, and that they will work with City staff concerning the access. Members of the commission welcomed CTC to the City and stated concerns that the Comprehensive Guide Plan sets aside the property as fairly low resi- dential density, that access to Crestridge would require signals too close together, that north access would be preferable to bring traffic away from the residential area to the south, that as things stand the existing single family homes along Englert Road are surrounded by multiple residential use which will result eventually in extensive traffic along Englert Road, that this was adding additional commercial property to the City which already has substan- tial commercial property either developed or undeveloped, that the plan does not adequately consider the impact on existing residents who have lived in the area for years, that no written approval has been obtained from the County approving access to Pilot Knob Road, that review of a previous report concern- ing development along this area to the east of I -35E would be necessary before a decision could be made, that no input had been obtained from the fire 0 0 • APC Minutes October 23, 1984 Is department as to the effect of this access, that restrictive conditions would be necessary to insure that the property be used only for high tech use and is not converted at a later time to other less compatible uses. Dale Runkle stated that his recollection of the previous report concerning the land use in the area was that after I -35E was moved to the east and made this property narrower, it was expected that while the Comprehensive Guide Plan shows an R - II use, that this property and the property to the north would probably be developed as commercial' property and that the use makes sense because of the proximity to I -35E and Pilot Knob Road. Member Wilkins moved, Krob seconded the motion to continue the hearing to the next regular Advisory Planning Commission meeting and that the following should be accomplished before the meeting: 1. The applicant shall approach the owners to the north concerning the feasibility of access to Violet Lane. 2. The applicant shall meet with neighbors and discuss the plans with them. 3. The applicant shall present a concept of what it plans to do with • the south half of the property. 4. City staff shall make an inventory of developed and undeveloped commercial property in the City. • 5. The applicant shall obtain a firm written committment from Dakota County not to object to any Pilot Knob Road access. 6. City staff shall request that Ed Dunn, developer of Blackhawk Park Planned Development, redo Exhibit "E" of the planned development to show the actual location of I -35E and the properties affected by the moving of I -35E. 7. City staff shall present its comments on the appropriateness of the land use. 8. City staff shall, study the. impact of the proposed land use on the property to the south for multiple use and on the property on the north for commercial use. All members voted in favor. Member Krob stated that while he does not have any problem with the high tech use, he does have problems with possible R-4 use on the south -portion of the property. Mr. Anderson stated that the developer has no problem with including restrictive convenants on the property. 10 0 • APC Minutes October 23, 1984 E BLACMWK TOi KHMSE APARTHEWS - PRELIIIINARY PLAT Chairman Hall convened the hearing on the application of Sharevest, Inc. for preliminary plat approval of Blackhawk Townhouse Apartments consisting of 168 apartment units on 11.7 acres located in the northeast quarter of Section 29, east of Blackhawk Road and south of Diffley Road. Dale Runkle introduced the proposal. He stated that access is proposed to line up with the street across Blackhawk Road from the proposed development, that there will be 21 eight -unit buildings surrounding two loops, and that a variance would be necessary for the, property adjacent to I -35E to require 30 foot setback rather than the required 50 feet. He stated that proper landscaping will be as effective as moving the buildings to reduce freeway noise. Ron Erickson, the architect for the proposal, appeared and stated that the developer is willing to plat the property without the setback variance, but feels that the develop- ment will be better and will impact the property to the south less if the variance is granted. He mentioned that the proposal had been discussed in a neighborhood meeting. Jay Tscherne, a neighboring resident at 4230 Blackhawk Road, stated that there is a swamp on the north part of the subject property, which is also partially on his property, which could be dangerous to children • in the area and could expose him to liablity. He also expressed his concern about the density of the development and about the lack of.ownership of the buildings, and mentioned that only one access is being proposed, which is between two existing homes and would affect those homes adversely. Neighbor- ing resident, Darold Holden, of 4232 Blackhawk Road, stated that his home is immediately to the north of the northeast corner and would be subject to headlights shining into his home, and that he has a number of farm animals on his property which could be dangerous to children if they come on to his property. He proposed a fence to screen noise and light and to keep children off his property. Jim Ashworth, a neighbor to the west of the plat, at 4235 Blackhawk Road, stated that the development does not fit into the area, which is primarily single family at this time. Mark Atkinson, a neighbring resident at 4276 Blackhawk Road noted his concern that children from the development will cut through his yard, that the development is too dense and does not fit the location. Commission members noted that the property is zoned R-4 and that the Comprehensive Guide Plan shows it as R -III, that it would be extremely costly to the City to down -zone the property and reduce the density, but that the developer must do whatever is possible to make the development fit into the existing properties as much as possible. A number of questions were raised concerning drainage, and it was noted by neighbors that the pond across Blackhawk Road is flooding adjacent properties and that the swamp in the proposed development, which is connected to the pond across the street by storm sewer, is also rising. Rich Hefti stated that the roads in the plat extending north and south of the access road should be wider than the plan • shows. The applicant noted that the homes will be made of plaster brick and wood trim, that the rents will be $465.00 to $475.00 for the least expensive one -bedroom units, and $660.00 to $675.00 for the most expensive two-bedroom 11 F • APC Minutes October 23, 1984 apartments, that the target market is young marrieds and mature singles in the 23 to 38 year old range, that the units will eventually be condominiums, that children will be allowed but no heavy emphasis will be placed on them, that two to three tot lots will be provided, and that the developer is willing to screen or fence as required, but does not feel it would be good for the development or for the neighbors. Member Kroh mentioned that studies by school districts have shown that very few children live in developments of this nature. Rich Hefti'noted that while the current speed limit is 55 miles per hour on this stretch of Blackhawk Road, that the City has applied for reduction studies and wants to reduce the limit to 35 miles per hour. There was a question as to whether the City can require fencing, and member Krob noted that fences are oftentimes more of a danger than help because they inhibit rescue activities. Chairman Hall noted that one of the properties to the south of the proposed access is zoned as Neighborhood Business. Member Wold moved, Kroh seconded the motion to recommend approval of the preliminary plat for Blackhawk Townhouse Apartments consisting of 168 apartment units on 11.7 acres located on the property described above, subject to the following conditions: 1. Permits for filling within right-of-way and Northern Natural Cas • Company's easement must be obtained prior to final plat approval. 2. A 20 foot utility easement shall be obtained by the applicant from MnDOT for the water main construction. 3. A ponding and utility easement shall be dedicated to encompass HWL for Pond AP -74. 4. The private drive entrance shall line up opposite to the Dear Hills Trail intersection. 5. Right-of-way shall be dedicated to provide for a 50 foot half right- of-way. 6. All costs associated with the public improvements for this develop- ment shall be the sole responsibility of this development. 7. Additional evergreen landscaping and berming shall be provided along the north and east property lines to help mitigate noise and screen automobile headlights. A landscaping bond shall be issued and not released until one year after planting. 8. A 20 foot variance shall be granted from the 50 foot building setback to the I -35E right-of-way. 9. An outlet connecting Pond AP -7 to the existing storm sewer outlet • shall be completed prior to final plat approval. UK 0 0 APC Minutes • October 23, 1984 10. The north and south roads on the west end of the development shall be 32 feet wide rather than 24 feet wide as proposed. 11. Tot lots shall be provided. 12. The developer shall install appropriate safety methods along the north edge of the property, which shall include either fencing or very dense mature vegetation as part of a landscaping plan to be required by the City and to be reviewed and approved by the City staff. 13. A detailed landscaping plan shall be submitted for review and approval by the City staff to provide appropriate screening on the north side of the property to protect the neighbors from car lights, lights in the units and lights in the parking lots. 14. The developer shall include in the landscape plan a method accept- able to the City to minimize light encroaching on neighbors adjacent to the access road. 15. An adequate landscaping bond shall be posted. • All members voted in favor. SCHEDULE FOR THE REMAINDER OF THE YEAR The Commission discussed the fact that a number of applications have been coming through which might make it necessary to have more than one meeting per month for the rest of the year. Dale Runkle noted that there are a number of smaller items, such as conditional uses, as well as some larger items which are in process, but that it is not clear when they will come before the Planning Commission. It was noted that 10 items is the most that the Commis- sion could consider and that it is not fair to the public to go past 11:00 p.m. It was suggested that meetings could be held on the 4th Tuesday of the month and the Thursday following, if necessary, and that the projects could be divided up according to the expected length of time per hearing. City staff will know by November 1 how busy the November meeting will be and will schedule accordingly. Also, due to the Christmas holiday, the December APC regular meeting has been scheduled for December 20, 1984. FORMAT OF STAFF REPORTS Dale Runkle noted that at the request of the City Council, the staff reports have used a different format which combines Engineering and Planning recommendations and eliminates a number of conditions which are standard in • all situations. The Commission requested that the staff prepare a list of standard conditions which are used in all cases so that the public will still be aware of these conditions. 13 • APC Minutes October 23, 1984 • I 1 LJ 0 0 Upon motion by Wold, seconded Krob, the meeting adjourned at 11:45 p.m. All members voted in favor. 14 Secretary BS 0 n U 0 0 MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 23, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on October 23, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall and Members, Wilkins, Krob and Wold. Member Taylor arrived at 7:25 p.m. Absent were members Bohne, McCrea and Mulrooney. Also present were City Planner Dale Runkle, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Chairman Hall convened the meeting and recommended that the Planning Commission discuss under other business the workload and meeting agenda for the rest of the year. Krob moved, Wold seconded the motion to adopt the Agenda with the addition recommended by Chairman Hall. All members voted in favor. Wold moved, Hall seconded the motion to approve the minutes of September 25, 1984. Hall and Wold voted in favor; Wilkins and Krob abstained, having been absent from the meeting. The motion passed. LA BB STATES EQUIPMENT CO. - CONDITIONAL USE PERMIT The application of Quentin Otis for a conditional use permit for Lake States Equipment Company to allow outside storage of equipment on approximate- ly 5.7 acres located on Lots 1 through 5, Block 6, Eagandale 3rd Addition, south of Gemini Road and east of Lexington Avenue, was brought before the Planning Commission. City Planner Dale Runkle noted that the applicant had requested a continuance to the regular meeting of the Planning Commission in November. Chairman Hall moved, Krob seconded the motion to postpone con- sideration of the application to the regular meeting in November. All members voted in favor. BELL COMPANY - SPECIAL PERMIT The public hearing concerning the application of Northwestern Bell Company for a special permit to allow a telephone utility building on approxi- mately .1 acre located in part of the southwest quarter of the southwest quarter of Section 23, west of Lexington Avenue and north of Diffley Road, was • convened by Chairman Hall. City Planner Dale Runkle introduced the applica- tion and noted that the parcel to the north has been purchased by the City for 1 0 • APC Minutes October 23, 1984 49 use as a well reservoir. The applicant was not present and there was no public comment. Dale Runkle noted that the design of the proposed building is similar to the design of other structures constructed by Northwestern Bell and that the other buildings were constructed well and landscaped well, in general. Member Wilkins noted that the landscaping for the building on Cedar Avenue by the Baptist Church was not well done. Member Krob moved, Wilkins seconded the motion to recommend approval of the special permit to allow a telephone utility building on the property described above, subject to the following conditions: 1. A minimum 50 foot building setback shall be maintained from the right-of-way of Lexington Avenue. 2. All other City ordinances shall be adhered to. 3. A detailed landscape plan shall be submitted for review and approval by City staff, and a landscape bond acceptable to City staff shall be posted and the conditions of the bond shall be strictly adhered to. • All voted in favor. LDNKA ADDITION - PRELM"ARY PLAT & VARIANCE Chairman Hall convened the hearing on the application of Rose Lunka for preliminary plat approval of Lunka Addition for two single-family lots on one acre and for a variance from the average front setback requirements along Towerview Road, for the area located in part of the northwest quarter of Section 10, along Towerview Road and east of Pilot Knob Road. City Planner Dale Runkle reviewed the application and noted that City staff had made a recommendation that Towerview Road be upgraded to City standards for the purpose of bringing the issue before the Planning Commission to discuss whether. it is necessary at this time to upgrade Towerview Road. Mr. Runkle noted that one of the lots had an existing home and the other lot on the proposed plat does not. The applicant, Rose Lunka, appeared and requested that Towerview Road not be required to be upgraded to City standards at this time because the property on the north of Towerview Road is undeveloped. It was noted that while the average setback along Towerview Road is 50 feet, the home immediately to the west of the plat faces Pilot Knob Road and has a side yard setback of less than the proposed 30 foot setback and that the overall effect in allowing the 30 foot setback would not be distracting. Dale Runkle noted that by allowing the 30 foot setback, a number of trees in the back yard of Lot 2 would be saved and use of the back yard as a garden would be allowed. Assistant City • Engineer Rich Hefti noted that the gravel road on Towerview Road is in good shape and that there is little traffic on it. During the discussion, member Taylor arrived. One of the neighbors noted that he had no objection to the proposed 30 foot setback. 2 9 • APC Minutes October 23, 1984 10 Member Wilkins moved, Wold seconded the motion to recommend approval of the preliminary plat of Lunka Addition for two single-family lots on one acre and to recommmend approval of the variance for a 30 foot front yard setback for Lot 2 with the understanding that Towerview road will not be required to be upgraded until there is future development to the north of Towerview Road, subject to the condition that a 30 foot half right-of-way for Towerview Road shall be dedicated with this plat. All members voted in favor. Dale Runkle noted that this application and the next application are scheduled for hearing at the October 30, 1984 meeting of the City Council. JOHANNES ADDITION - PRELIIIINARY PLAT The hearing on the application of John Tapper for preliminary plat approval of Johannes Addition consisting of 5 single family lots on 5.4 acres located in the southwest quarter of Section 13, west of Elrene Road, was convened by Chairman Hall and the Chairman noted that there was an addendum to the staff report, which the chair read. Dale Runkle reviewed the application and noted that this proposed plat is part of Gopher -Eagan Planned Development • which designates this property for multiple -residential use. He mentioned that the lay of the land makes this proposal for single family units prefer- able to the original proposal. There were no comments by the public. It was further noted by Dale Runkle that the area to the north of the proposed plat will probably connect to the property to its west, which is zoned R-4, and that the subject parcel is adjacent to property to the south zoned R-1 and property to the west zoned Agricultural, which is planned to be developed as R-1 in the Comprehensive Guide Plan. He further stated that if the plat is approved, it will become an amendment to the planned development. agreement as well. He also noted that the reduction in the number of units in this portion of the planned development would not result in increased density in other portions of the planned development. Member Wold moved and member Krob seconded the motion to recommend approval of the preliminary plat of Johannes Addition, consisting of five single family lots on the property described above, subject to the following conditions: 1. A public improvement project for storm sewer extension shall be authorized prior to final plat approval. 2. A 20 foot wide utility easement shall be dedicated over all storm sewer lines along with a ponding and utility easement dedicated to encompass the HWL for Pond JP -33- 3. An 80 foot right-of-way shall be dedicated for Elrene Road. 4. This development shall be responsible for trunk area storm sewer and • lateral benefit from trunk water main and sanitary sewer. 3 0 0 APC Minutes is October 23, 1984 5. All costs associated with internal lateral utility improvements and street improvements, including the widening of the west half of Elrene Road shall be the sole responsibility of this development. 6. This preliminary plat shall become an amendment to the Gopher -Eagan Planned Development to allow the R-1 use. 7. The dedication of a utility easement for the storm sewer overflow from Pond JP -33 to Pond JP -12 shall be required along with the installation of this overflow line. All voted yes. CEDAR SPACE CENTER ADDITION - PRELIMINARY PLAT Chairman Hall convened the hearing on the application of Norse Develop- ment for preliminary plat approval of Cedar Space Center Addition consisting of ten self -storage buildings on three lots on 13 acres located in the South- west quarter of Section 18, northeast of new Cedar Avenue. City Planner Dale Runkle introduced the application and stated that an Addendum to the staff report discussed the need for extension of a road from old Cedar Avenue, underneath the railroad bridge for the Cedar Avenue freeway. He stated that the applicant was aware of the problem and that the applicant had agreed to modify its proposal to allow for the question to be discussed and decided. at a later date as to whether the road will go along the section line to the south of the proposed plat, or whether it will go through the plat to the north of proposed Lot 3. He further indicated that the property is zoned Light Industrial and that the use is compatible with that zoning and with the existence of E -Z Mini Storage to the west of the Cedar Avenue freeway. He further noted that the Comprehensive Guide Plan had proposed that Silver Bell Road be extended to the west under the railroad bridge as previously described. The applicant, Peter Stalland, appeared and noted that there was an agreement with City staff to dedicate a road easement along the section line and to plat only Lot 3, with the remainder of the plat to be platted as an outlot so that it can be determined later whether the road will be along the section line or to the north of Lot 3. Mr. Stalland reviewed the follow- ing changes to the plat: 1. Lots 1 and 2 will be platted as an outlot in response to the road issue. 2. The area of the self -storage buildings will be increased from 74,000 to 84,000 square feet and an additional row of buildings and more parking spaces will be added. • 3. The office is being moved and direct access to old Cedar Avenue is being proposed. 4 0 • APC Minutes October 23, 1984 0 4. It is now proposed that the distance between buildings be 28 feet and not 40 feet. In response to a question from a neighbor concerning how the buildings would hold up on the soft ground and what would happen to the stream running through the area, Mr. Stalland indicated that soil samples had been taken and that there are several possibilities which will allow the buildings to stand up on the soft ground and he further noted that the development will not affect the stream. Another neighbor stated that one woman living across the street from the proposed development is very unhappy about this development, and that he felt the same, due to the beauty of the area. Mr. Stalland stated that the same type of architecture is being proposed for this development as has been used in the E -Z Mini Storage development. There were concerns about the affect of the building on site lines for the neighborhood, about noise in the nieghborhood, about thefts in these types of developments, and about the effect of lights in the development on neighboring properties. Peter Stalland stated that a fence is proposed around the development to be eight feet high and that there will be a year-round resident caretaker on the site in an apartment adjacent to the office, and that these precautions should reduce thefts. Mr. Stalland stated that there are trees buffering the house adjacent is to the property to reduce the effect of lights, and the property directly across the street from the development is also zoned Light Industrial. Member Krob moved, Wold seconded the motion to recommend approval of the application for preliminary plat for Cedar Space Center Addition, consisting of 12 self - storage buildings on one lot and one outlot on the property described above, subject to the following conditions: 1. A public improvement project for water main/storm sewer installation shall be authorized prior to final plat approval. 2. This development's grading and drainage plans shall be reviewed by the Lower Minnesota River Watershed District prior to final plat approval. 3. This development shall be responsible for all costs associated with internal streets and utilities and all lateral benefit from water main and storm sewer improvements. 4. One residential unit for on-site caretaker shall be allowed for security purposes. 5. A detailed landscaping plan, including adequate buffering for neighboring properties shall be approved by the City, and an adequate land- scape bond shall be submitted for City approval and not released until one year after completion of the planting. 6. The applicant shall dedicate a road and utility easement approved by • City staff along the section line with the understanding that the City will grant a variance for setback purposes in the event that the road is installed along that easement. L • APC Minutes October 23, 1984 0 7. The City shall review and approve a lighting plan to reduce reflec- tion on neighboring properties. All members voted in favor. OAKWOOD ADDITION - PRELUUNARY PLAT Chairman Hall convened the hearing for preliminary plat approval of Oakwood Addition submitted by Vince Kennedy, consisting of 14 single family lots on 7.5 acres in the southeast quarter of Section 4, at the northwest corner of Lone Oak and Pilot Knob Roads. Dale Runkle introduced the applica- tion and stated that this plat will set a trend for the area which is at this time, largely undeveloped, that there is one previously existing land -locked parcel which is being platted as Lot 3, Block 1, which does have easement access along the easterly border of the property immediately south of Lot 3, Block 1, and that the City is not creating a land -locked parcel, it is merely including it in the plat. He indicated that the Assessment Committee had reviewed a similar proposal in 1980 and at that time had approved a deferral • of assessments on neighboring properties which were not being developed at that time, but that the same issue would have to be addressed again by the assessment committee in connection with this proposal. Vince Kennedy appeared on behalf of the proposal and stated that the owners of property to the north were open to the plan. The grandson of Eleanor Heinz appeared and requested to know the effect on the Heinz's property which is immediately adjacent to the proposed plat on the north. It was noted that the proposed street will end at the boundary of her property and that she will not be assessed for street, and that utility assessments could be levied against the Heinz's property, and that a deferral of the assessments could be requested, but no guarantee could be made at this time that the deferral would be granted since that is up to the City Council. Kenneth M. Erickson, owner of the property immediately to the west of the proposed plat, indicated that he would like to see the roadway looped across his property and would very much like to see overall development planned before any plats are approved. He also indicated that he has attempted to get the neighbors together to discuss an overall development plan, but since he has no legal authority, many of the owners have not been cooperative. He requested that the City do what it can to plan overall development. Assistant City Engineer Rich Hefti noted that a few years ago Mr. Erickson did prepare a layout for the area. Robert Erlandson, owner of Lot 1 of Treffle Acres, to the north of the prposed plat, stated that he agrees with Mr. Erickson and further noted that there were already two land -locked parcels in the area. Mr. Kennedy noted that this plan differed from the 1980 plan in that it did not include a cul-de-sac but allowed for looping with the adjacent properties, but that he could not guarantee coopera- tion of the owners to the west and north. Questions were raised concerning • what legal power the City has to require a concept plan or to require the neighbors to develop their property in conformity with any concept plan. Rich 3 0 • APC Minutes October 23, 1984 0 Hefti noted that a number of easements would be required for utilities and that it should be up to the developer to obtain the easements for sewer and water and for drainage and storm sewer. Mr. Erlandson stated that the Heinz property only has a cartway easement across the south 16.5 feet of his property to the east of her property, and that this cartway easement is less than a roadway easement and does not allow construction of a road. It was further noted that the Reizel property is also land -locked. Member Wilkins stated that she would like to see the 1980 plan and would also like to see a concept plan, especially in regard to the impact of the large parcel to the north and west of the proposed plat. She also indicated that a temporary circle would be necessary at the north of the street to be used as a turn- around for fire vehicles, and Rich Hefti agreed and stated that this would be part of the plan review. Mr. Kennedy noted that he has talked with members of the Woods, Reizel and Heinz families and that he would be glad to meet with Mr. Erickson and any of the other neighbors to discuss a concept plan. Dale Runkle indicated that while no written concept plan had been prepared, that the proposed plat was consistent with the concept of including a looped street in the area. Chairman Hall moved, Wold seconded the motion to recommend approval of the preliminary plat for Oakwood Addition consisting of 14 single family lots on 7.5 acres in the property described above, subject to the • following conditions: 1. A public improvement project for streets and utilities including the lift station outlet for Pond DP -1, shall be authorized prior to final platting. 2. The centerline of Oakwood Drive shall be shifted seven (7) feet easterly. 3. (a) A 50 foot frontage -on public right-of-way shall be required for Lot 3, Block. 1, or (b) The access easement across Lot 6 of Zehnder Acres shall be provided to City staff for their review and approval and .shall be shown on the final plat. 4. A 55 foot half right-of-way shall be dedicated for Lone Oak Road. 5. This development shall obtain all easements necessary for extension of public utilities through property not included within this development. 6. This development shall be responsible for all costs of public improvements except those benefitting Lot 6 of Treffle Acres. 7. This development shall be responsible for trunk area water and sanitary sewer upgrading, trunk storm sewer and lateral benefit from trunk • watermain assessments. 7 0 • APC Minutes October 23, 1984 0 8. Lot 7, Block 1, and Lot 7, Block 2 shall relocate their driveway access onto Oakwood Drive. 9. That there shall be a temporary cul-de-sac at the north end of the road. Those in favor were Hall, Wold, Wilkins and Taylor; against was member Krob. The motion passed. , CTC BUSINESS CAMPUS - PRELIMINARY PLAT & REZONING Chairman Hall convened the hearing on the application of Anderson Development for preliminary plat approval of CTC Business Campus and amendment to the Blackhawk Park planned development, or rezoning to Planned Development, for one office -production building and one outlot on 22 acres located in the southeast quarter of Section 16, west of Pilot Knob Road. Dale Runkle introduced the application and noted that the property would either have to be rezoned to P.D. or the planned development for Blackhawk Park would have to be amended. He further noted that while it is not clear whether all of the • property is technically in the planned development, staff is treating it as if it is, because the change was brought about by the realignment of I -35E. He noted that access is proposed to be immediately across from Crestridge on Pilot Knob, but that it would be necessary to remove an existing residence to do this and that the applicant had not yet obtained the necessary property. Scott Anderson appeared on behalf of the developer and stated that this site had been chosen over approximately eight other sites that were considered in the City of Eagan because of its freeway visibility, the pond, and its access to the bank and proposed shopping mall across the street. He noted that the rear of the facility for parking and trucks is recessed from sight. Tim Fitzgerald, an officer of Check Technology Corporation, appeared on behalf of the owner of the property and explained the corporation is involved in computerized printing services and that little noise or truck traffic would be generated by the facility. He stated that proximity to the airport was very important to the company and that the company would provide jobs and community involvement. Mr. Anderson said that there are continuing negotiations with the owners of the property to the east, which would be used for access, and that if those negotiations did not work out, that the developer would be happy to connect to Englert Road, rather than Pilot Knob Road. Dale Runkle stated that there is a 40 foot setback adjacent to the freeway, but that otherwise the plan appears to be well done. Tom Merritt, a neighboring resident on Englert Road, stated that if the access was to Englert Road, that this would be immediately in front of his yard, and that his yard might end up being a turnaround for employees of CTC. • Rich Hefti noted that Englert Road is planned to be a cul-de-sac and it might be possible to extend a roadway from Englert to the north, along I -35E to 2 0 • APC Minutes October 23, 1984 10 Violet Lane. Dale Runkle indicated that a road has always been proposed along the East part of I -35E and that the proposed plat precludes bringing this road to the north of Englert Road and past the building, because the building is so close to the freeway. Mr. Merritt asked about the intended development of Outlot A which is immediately to the north of his property, across Englert Road and Dale Runkle indicated that multiple use was requested but that no specific plan ,had been made. Ron Bruestle, a resident of the area on Englert Road, mentioned the difficulty ;of getting on to Pilot Knob Road from Englert Road because of the heavy traffic. Ken Applebaum, a developer of property across Pilot Knob Road from the proposed development, welcomed CTC to Eagan, stated that the use was good, but mentioned concerns about access. He noted that from his many contacts with State and County officials concerning development of the area, that he was aware that Minnesota Department of Transportation and County transportation officials wanted access to the area to be lined up with Violet Road rather than Crestridge, that an access to Crestridge would be too steep to stack more than 8 cars and that there would be better stacking potential off of Englert Road. He further noted that Federal Land Company is purchasing the property to the north of the proposed development and that it is proposing a road to • the north. Martin Colon, one of the owners of Federal Land Company stated that the development was a fine development, but mentioned concerns regarding the access, and further noted that in November his company is coming in with a plan for development of the property to the north and across Pilot Knob Road and that a northerly access from the proposed plat would take traffic away from the residential areas and could connect to the major access planned at Violet Lane. Mr. Applebaum mentioned that Crestridge is only a 60 foot road and that Duckwood is an 80 foot road and plans are to signalize Englert Road and Duckwood Drive but not 'Crestridge. Scott Anderson noted that CTC's current lease expires in May and that they need to break ground in the fall in order to open the facility in the spring, negotiate with the other owners in other than a public forum, to provide access to the north, and that they will work with City staff concerning the access. Members of the commission welcomed CTC to the City and stated concerns that the Comprehensive Guide Plan sets aside the property as fairly low resi- dential density, that access to Crestridge would require signals too close together, that north access would be preferable to bring traffic away from the residential area to the south, that as things stand the existing single family homes along Englert Road are surrounded by multiple residential use which will result eventually in extensive traffic along Englert Road, that this was adding additional commercial property to the City which already has substan- tial commercial property either developed or undeveloped, that the plan does not adequately consider the impact on existing residents who have lived in the area for years, that no written approval has been obtained from the County approving access to Pilot Knob Road, that review of a previous report concern- ing development along this area to the east of I -35E would be necessary before a decision could be made, that no input had been obtained from the fire 0 0 • APC Minutes October 23, 1984 Is department as to the effect of this access, that restrictive conditions would be necessary to insure that the property be used only for high tech use and is not converted at a later time to other less compatible uses. Dale Runkle stated that his recollection of the previous report concerning the land use in the area was that after I -35E was moved to the east and made this property narrower, it was expected that while the Comprehensive Guide Plan shows an R - II use, that this property and the property to the north would probably be developed as commercial' property and that the use makes sense because of the proximity to I -35E and Pilot Knob Road. Member Wilkins moved, Krob seconded the motion to continue the hearing to the next regular Advisory Planning Commission meeting and that the following should be accomplished before the meeting: 1. The applicant shall approach the owners to the north concerning the feasibility of access to Violet Lane. 2. The applicant shall meet with neighbors and discuss the plans with them. 3. The applicant shall present a concept of what it plans to do with • the south half of the property. 4. City staff shall make an inventory of developed and undeveloped commercial property in the City. • 5. The applicant shall obtain a firm written committment from Dakota County not to object to any Pilot Knob Road access. 6. City staff shall request that Ed Dunn, developer of Blackhawk Park Planned Development, redo Exhibit "E" of the planned development to show the actual location of I -35E and the properties affected by the moving of I -35E. 7. City staff shall present its comments on the appropriateness of the land use. 8. City staff shall, study the. impact of the proposed land use on the property to the south for multiple use and on the property on the north for commercial use. All members voted in favor. Member Krob stated that while he does not have any problem with the high tech use, he does have problems with possible R-4 use on the south -portion of the property. Mr. Anderson stated that the developer has no problem with including restrictive convenants on the property. 10 0 • APC Minutes October 23, 1984 E BLACMWK TOi KHMSE APARTHEWS - PRELIIIINARY PLAT Chairman Hall convened the hearing on the application of Sharevest, Inc. for preliminary plat approval of Blackhawk Townhouse Apartments consisting of 168 apartment units on 11.7 acres located in the northeast quarter of Section 29, east of Blackhawk Road and south of Diffley Road. Dale Runkle introduced the proposal. He stated that access is proposed to line up with the street across Blackhawk Road from the proposed development, that there will be 21 eight -unit buildings surrounding two loops, and that a variance would be necessary for the, property adjacent to I -35E to require 30 foot setback rather than the required 50 feet. He stated that proper landscaping will be as effective as moving the buildings to reduce freeway noise. Ron Erickson, the architect for the proposal, appeared and stated that the developer is willing to plat the property without the setback variance, but feels that the develop- ment will be better and will impact the property to the south less if the variance is granted. He mentioned that the proposal had been discussed in a neighborhood meeting. Jay Tscherne, a neighboring resident at 4230 Blackhawk Road, stated that there is a swamp on the north part of the subject property, which is also partially on his property, which could be dangerous to children • in the area and could expose him to liablity. He also expressed his concern about the density of the development and about the lack of.ownership of the buildings, and mentioned that only one access is being proposed, which is between two existing homes and would affect those homes adversely. Neighbor- ing resident, Darold Holden, of 4232 Blackhawk Road, stated that his home is immediately to the north of the northeast corner and would be subject to headlights shining into his home, and that he has a number of farm animals on his property which could be dangerous to children if they come on to his property. He proposed a fence to screen noise and light and to keep children off his property. Jim Ashworth, a neighbor to the west of the plat, at 4235 Blackhawk Road, stated that the development does not fit into the area, which is primarily single family at this time. Mark Atkinson, a neighbring resident at 4276 Blackhawk Road noted his concern that children from the development will cut through his yard, that the development is too dense and does not fit the location. Commission members noted that the property is zoned R-4 and that the Comprehensive Guide Plan shows it as R -III, that it would be extremely costly to the City to down -zone the property and reduce the density, but that the developer must do whatever is possible to make the development fit into the existing properties as much as possible. A number of questions were raised concerning drainage, and it was noted by neighbors that the pond across Blackhawk Road is flooding adjacent properties and that the swamp in the proposed development, which is connected to the pond across the street by storm sewer, is also rising. Rich Hefti stated that the roads in the plat extending north and south of the access road should be wider than the plan • shows. The applicant noted that the homes will be made of plaster brick and wood trim, that the rents will be $465.00 to $475.00 for the least expensive one -bedroom units, and $660.00 to $675.00 for the most expensive two-bedroom 11 F • APC Minutes October 23, 1984 apartments, that the target market is young marrieds and mature singles in the 23 to 38 year old range, that the units will eventually be condominiums, that children will be allowed but no heavy emphasis will be placed on them, that two to three tot lots will be provided, and that the developer is willing to screen or fence as required, but does not feel it would be good for the development or for the neighbors. Member Kroh mentioned that studies by school districts have shown that very few children live in developments of this nature. Rich Hefti'noted that while the current speed limit is 55 miles per hour on this stretch of Blackhawk Road, that the City has applied for reduction studies and wants to reduce the limit to 35 miles per hour. There was a question as to whether the City can require fencing, and member Krob noted that fences are oftentimes more of a danger than help because they inhibit rescue activities. Chairman Hall noted that one of the properties to the south of the proposed access is zoned as Neighborhood Business. Member Wold moved, Kroh seconded the motion to recommend approval of the preliminary plat for Blackhawk Townhouse Apartments consisting of 168 apartment units on 11.7 acres located on the property described above, subject to the following conditions: 1. Permits for filling within right-of-way and Northern Natural Cas • Company's easement must be obtained prior to final plat approval. 2. A 20 foot utility easement shall be obtained by the applicant from MnDOT for the water main construction. 3. A ponding and utility easement shall be dedicated to encompass HWL for Pond AP -74. 4. The private drive entrance shall line up opposite to the Dear Hills Trail intersection. 5. Right-of-way shall be dedicated to provide for a 50 foot half right- of-way. 6. All costs associated with the public improvements for this develop- ment shall be the sole responsibility of this development. 7. Additional evergreen landscaping and berming shall be provided along the north and east property lines to help mitigate noise and screen automobile headlights. A landscaping bond shall be issued and not released until one year after planting. 8. A 20 foot variance shall be granted from the 50 foot building setback to the I -35E right-of-way. 9. An outlet connecting Pond AP -7 to the existing storm sewer outlet • shall be completed prior to final plat approval. UK 0 0 APC Minutes • October 23, 1984 10. The north and south roads on the west end of the development shall be 32 feet wide rather than 24 feet wide as proposed. 11. Tot lots shall be provided. 12. The developer shall install appropriate safety methods along the north edge of the property, which shall include either fencing or very dense mature vegetation as part of a landscaping plan to be required by the City and to be reviewed and approved by the City staff. 13. A detailed landscaping plan shall be submitted for review and approval by the City staff to provide appropriate screening on the north side of the property to protect the neighbors from car lights, lights in the units and lights in the parking lots. 14. The developer shall include in the landscape plan a method accept- able to the City to minimize light encroaching on neighbors adjacent to the access road. 15. An adequate landscaping bond shall be posted. • All members voted in favor. SCHEDULE FOR THE REMAINDER OF THE YEAR The Commission discussed the fact that a number of applications have been coming through which might make it necessary to have more than one meeting per month for the rest of the year. Dale Runkle noted that there are a number of smaller items, such as conditional uses, as well as some larger items which are in process, but that it is not clear when they will come before the Planning Commission. It was noted that 10 items is the most that the Commis- sion could consider and that it is not fair to the public to go past 11:00 p.m. It was suggested that meetings could be held on the 4th Tuesday of the month and the Thursday following, if necessary, and that the projects could be divided up according to the expected length of time per hearing. City staff will know by November 1 how busy the November meeting will be and will schedule accordingly. Also, due to the Christmas holiday, the December APC regular meeting has been scheduled for December 20, 1984. FORMAT OF STAFF REPORTS Dale Runkle noted that at the request of the City Council, the staff reports have used a different format which combines Engineering and Planning recommendations and eliminates a number of conditions which are standard in • all situations. The Commission requested that the staff prepare a list of standard conditions which are used in all cases so that the public will still be aware of these conditions. 13 • APC Minutes October 23, 1984 • I 1 LJ 0 0 Upon motion by Wold, seconded Krob, the meeting adjourned at 11:45 p.m. All members voted in favor. 14 Secretary BS