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11/27/1984 - City Council Regular0 0 • MINUTES OF A REGULAR MELTING OF THE ADVISORY PLANNING COM4IISSION EAGAN, M@1NESOTA NOVEMBER 27, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on November 27, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall and Members, Wilkins, Rrob, Wold, McCrea and Mulrooney. Absent were members Bohne and Taylor. Also present were City Planner Dale Runkle, Assistant City Planner Greg Ingraham, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Chairman Hall convened the meeting. Member Mulrooney moved and member Wold seconded the motion to approve the Agenda. All members voted in favor. Chairman Hall moved and Wold seconded the motion to approve the minutes of the October 23, 1984 meeting with the following changes: (1) The third sentence on page 3 regarding the hearing for Johannes Addition should read as follows: "He mentioned that the lay of the land makes this proposal for single family units preferable to the original proposal"; (2) the seventh sentence in the same paragraph should delete the word "likely"; and (3) at page 13 of the minutes, the portion relating to the schedule for the remainder of the year should show that a meeting was scheduled for December 20, 1984. NANDEE■S, INC. - CONDITIONAL USE PM[IT - PYLON SIGN The public hearing concerning the application of Hardee's, Inc. for a conditional use permit to allow a pylon sign on approximately one acre located on Lot 1, Block 1 of Durnings Addition, Cliff Road and Nichols Road, was convened by Chairman Hall. City Planner Dale Runkle introduced the applica- tion. He stated that the proposed sign would be 111 square feet with an additional 31 square foot of an appendage sign, that this would exceed the 125 square feet total allowed sign area, requiring a variance, that a conditional use permit for the same size sign had been approved in 1981 but had never been utilized. Members of the Commission stated that the 125 square foot limitation could be met by either not including the appendage sign or by using a smaller 58 square foot primary sign, and that the Commission has been very strict on the size of signs. Member McCrea moved and Wilkins seconded the motion to recommend approval of the application of Hardee's, Inc. for a condi- tional use permit to allow a pylon sign at the property described above, subject to the following conditions: • 1. The sign shall be at least 10 feet from any right-of-way line. 1 0 • APC Minutes November 27, 1984 E 2. The size of the sign shall not exceed 125 square feet of sign area per side. 3. The existing ground sign shall be removed. 4. The location and lighting of the sign shall not cause any obstruc- tion of driver's vision. All voted in favor. BASRBEL DRSNCNHAHN - CONDITIONAL USE PERMIT - PYLON SIGN The public hearing concerning the application of Baerbel Drenckhahn for conditional use permit to allow a pylon sign on approximately one acre located in part of the east half of Section 4, 2781 Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and . explained that the proposal is for a may pole, 23 112 feet high, with a series of figurines and symbols decorating it. Assistant City Planner Ingraham stated that the total square footage on each side would not exceed 125 feet under the proposal. The applicant appeared and stated that the sign will be all wood with flowers at the base, that there will be spotlights at the bottom to shine up, but that the lights will not interfere with neighbors, and that the sign will be cared for to prevent it from becoming unsightly. Member Wold moved and Wilkins seconded the motion to recommend approval of the conditional use permit, subject to the following conditions: 1. No part of the sign shall be located closer than 10 feet from the Pilot Knob Road right-of-way. 2. The sign shall not exceed 24 feet in height or 8 feet in width along the bottom tier. 3. All other city ordinances shall be adhered to. 4. The City staff shall monitor the sightliness of the sign, and the owner shall correct any unsightliness. All members voted in favor. Chairman Hall informed the applicant that the matter would be heard by • the City Council at the December 4, 1984 meeting. E 0 • APC Minutes November 27, 1984 FLOYD DEAN - WAIVER OF PLAT The public hearing concerning the application of Floyd Dean for a waiver of plat to adjust a lot line 37 feet to the east between Lots 14 and 15, Block 5, of Country Home Heights Addition, located in part of the southwest quarter of Section 3, north of Rainier Lane and east of Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the purpose of the adjustment of the lot line was to place the clothes line and all of the driveway which are used in connection with the home on Lot 14, within the lot line for Lot 14, that at the present time, the clothes line and part of the driveway are within Lot 15, and that setbacks will not be a problem for any improvements in place at this time. The appli- cant was present and stated that he owns Lots 14, 15 and 16, all of the land affected. Member Mulrooney moved and Krob seconded the motion to recommend approval of the application of Floyd Dean for waiver of plat to adjust the lot line between Lots 14 and 15, Block 5 of Country Home Heights Addition, 37 feet to the east, subject to all City requirements. All voted in favor. • WHISPERING WOODS - REZONING, PRELIMINARY PLAT A VARIANCE The public hearing concerning the application of Hills Construction Co. for rezoning from A (Agricultural District) to R-1 (Residential Single Family) for preliminary plat approval of Whispering Woods, for a 20 foot variance from setback requirements for the lots along Slater Road, and for a 10 foot front setback variance for Lots 1 through 6 on the cul -de -.sac, located in part of the southwest quarter of Section 31, east of Slater Road and south of James Street, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the setbacks had been suggested by staff for the cul-de-sac in order to preserve trees and to work better with the topo- graphy, that the setback variance along Slater Road would not allow buildings any closer to the center of the road than buildings on Slater Road to the north of Cliff Road and to the south in Burnsville, because the right-of-way adjacent to the proposed plat is 100 feet wide as opposed to 80 feet wide north of Cliff Road and 60 feet wide in Burnsville, and that the chance of the 100 foot right-of-way being used by the City is very slim. A representative of the applicant appeared and stated that the applicant would prefer to have Outlot A platted as an 0utlot rather than a part of Lot 4 as proposed by City staff, because the owner of the lot adjacent to the plat and Outlot A has - approached the owner to buy Outlot A. • McCrea moved and Wilkins seconded the motion to recommend approval of the application to rezone the property described above from A (Agricultural) to R- 1 (Single Family Residential), including Outlot A. All members voted in favor. 3 E APC Minutes • November 27, 1984 0 Wilkins moved, and McCrea seconded the motion to recommend approval of the preliminary plat for Whispering Woods Addition consisting of 10 lots on 3.8 acres of land in the property described above, subject to the following conditions: 1. A detailed grading, drainage, erosion, and sediment control plan shall be submitted to the City for review and approval by City staff. 2. Outlot A shall be platted as part of Lot 4 unless at the time of final plat approval, a purchase agreement is presented to the City showing purchase of Outlot A by the owner of the lot behind the proposed plat and adjacent to Outlot A. 3. This development shall be responsible for the trunk area storm sewer assessment at the rate in effect at the time of the final plat. 4. The developer shall provide to the City all requested utility and drainage easements 10 feet in width adjoining all streets and 5 feet in width. adjoining side and rear lot lines, and the developer will provide at his own • cost, 20 foot wide utility easements for public utilities not constructed within the street right-of-way. • 5. The grading limits and area of woods to be preserved shall be adjusted according to the setback variance allowances. 6. No driveway access shall be allowed on to Slater Road for Lots 1 through 8. 7. Lots 9 and 10 shall have turn -around driveways constructed in 'con- nection with the construction of the dwellings on those lots in order to preclude backing of vehicles on to Slater Road. 8. The owner shall cooperate with the City in all respects if the City vacates part of the right-of-way along Slater Road. All members voted in favor. Wilkins moved and Wold seconded the motion to recommend approval of a 10 foot front setback variance for Lots 1 through 6 around the cul-de-sac due to the hardship of the topography and the triangular shape of the property, and to recommend approval of a 20 foot variance to allow a 30 foot setback along Slater Road for Lots 1, 8, 9, and 10, if the City does not pursue vacating a portion of the existing right-of-way along Slater Road. All members voted in favor. 4 0 • APC Minutes November 27, 1984 AIRPORT PARK - CONDITIONAL USE PERMIT AND VARIANCES The public hearing concerning the application of Nolan Bros. for a conditional use permit, building setback variance, parking lot setback variance, and parking stall variance for an Airport Park and Ride facility and a future mini storage area on 6 acres located in part of the east half of Section 2, Plainview Planned Development was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the original approval for the planned unit development provided for a 20 foot building setback, that the proposal provides for a 5 foot cedar fence and four landscaped islands to buffer the development from the neighboring McKee Addition, that the parking area would be 5 feet from the boundary line with McKee Addition, that 9 foot by 18 foot parking stalls have been approved for use by the City for one user employee lot such as Sperry Corporation, that if the property is developed in the future as a mini storage area, the property would have to be replatted at that point. The applicant, Charles Nolan, of Nolan Bros., Inc. appeared and stated that Nolan Bros. had met with neighboring owners who had expressed a desire to have a solid fence, to have water drainage controlled to prevent drainage on to their property, and to • insure that lights did not disturb the neighborhood, that the intent would be to plant trees for buffering if the property is developed as a mini storage area, that water drainage would be collected on the site and drained away from McKee Addition, that if .the size of the parking spaces hurt business, the size would be upgraded, that an area at the southeast corner was set aside for large vehicles and provided for 12 foot by 20 foot spaces, that a full time attendant would be on the property 24 hours a day and would be situated in a permanent booth at the entrance, that if the future use of the property as a mini storage area was not acceptable to the City, the applicant would not go through with the development of the Park and Ride facility due to a need to have a back-up use, that the hardship requiring the requested variances is due to the unusual size and shape of the parcel which is long and narrow with a very small area abutting Lexington Road, that the parking lot would be in use primarily during the same hours as the airport, that is until 11:00 p.m., and that there will be entrance and exit gates and a chin link fence surrounding the entire property. Mr. Sauter, an owner in McKee Addition, stated that the applicant had met with approximately 6 or 8 neighboring property owners and had satisfactorily answered all questions raised, that Mr. Sauter was in favor of the proposal because it would remove an eyesore from the neighborhood. McCrea moved, and Wold seconded the motion to recommend approval of the conditional use permit for an airport Park and Ride facility and future mini - storage area on 6 acres located on the property described above, subject to the following conditions: 1. A detailed landscaping plan showing plant species, location, and • size along with details of the fencing and screening shall be submitted for staff approval. 0 • APC Minutes November 27, 1984 0 2. A detailed lighting plan showing the lighting direction and intensity shall be submitted for staff approval. 3. Concrete curbing shall be required along the site perimeter except bituminous curb shall suffice in areas in which future alteration is planned. 4. The parcel will require an approved final plat prior to conversion to the mini storage use, and an 80 foot variance from the 100 foot building setback requirement from the south property line, to allow a 20 foot building setback from the south property line, would be effective only upon final plat approval for use of the property as a mini storage area. 5. Only operable vehicles bearing current license plates. 6. A separate conditional use permit shall be required for any proposed pylon sign. 7. The minimum allowed size for parking spaces shall be 9 feet by 18 feet. • 8. The setback from the parking lot to the south lot line adjacent to the R-1 property to the south shall be no less than 5 feet. 9. Detailed grading plan shall be submitted to the City for staff approval. All members voted in favor. At 8:50 p.m. the Chair called a recess until 9:00 p.m. At 9:00 p.m. the meeting was reconvened. CTC BUSINESS CAMPUS - REZONING AND PRELIMINARY PLAT The public hearing concerning the application of Anderson Development for amendment to the Blackhawk Park Planned Development and preliminary plat approval for one office/production building and one outlot on 22 acres located in the southeast quarter of Section 16, west of Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application which had been continued from the October 23, 1984 meeting of the Advisory Planning Commission. Mr. Runkle stated that the 'City staff had attempted to address a number of concerns raised by the Planning Commission in a report that had been submitted to the Commission, and he also referred the Commission to a report prepared by the Consulting Planner, John Voss, relating to the proposal. Mr. • Runkle stated that the primary access had been revised from the original proposal in order to provide access at Violet Lane rather than at Crestridge 11 0 0 APC Minutes • November 27, 1984 Lane or Englert Road, that the building had been moved to the east in order to allow for a possible public street along the west side of the property, that the moving of the building to the east would require the removal of three residences to the east of the proposal and along Pilot Knob Road, that a concept plan of townhouses on the south portion of the property had been provided, which would access to Englert Road and which could provide a public street to the north for emergency access, that Dakota County had stated no objection to the proposed access,.and that a review of other parcels in the City of Eagan showed that there were other parcels which could accommodate this proposed use. The applicant was present and stated that the 4 acre parcel to the north will be acquired by the developer to allow access to Violet Lane, that verbal agreements had been reached with the property owners to the east as to purchase prices to each of the three properties, that a right -in, right -out entrance/exit at Crestridge Lane had been proposed primarily for the convenience of some employees, and not as a primary access point. In response to a question from the public, the applicant stated that Check Technology would use the property for manufacturing and light assembly for assembly of computers, rather than as a factory, and that the use is similar to the use made of the Sperry plant to the north. Dick Reid, one of • the property owners to the east, stated that purchase agreements had been prepared for those properties but that the properties had not as yet been sold. Dale Runkle made additional comments that the primary access would be at Violet Lane, the secondary access would be at Crestridge Lane, and a potential third access would be at Englert Road, that any connection to Englert Road could be designed for emergency use only and to prevent traffic from the business campus through the proposed townhouse area. In response to a question from member Mulrooney, the owner of CTC stated that the only noise generated by the facility would be kept inside of the facility, that incoming trucks would be limited to small vans and trucks, and outgoing trucks would average one per week to carry very large shipments. Warren Isrealson, one of the people appearing on behalf of the applicant, stated that the revised plan had been presented to the County and discussed with the County Surveyor who had stated that County approval for access onto Violet Lane would not be required because Violet Lane is already connected to Pilot Knob Road. Members of the Commission expressed concerns about what might happen if CTC does not complete the purchase of the Reid property, and that if the Reid property is purchased and consolidated into the plan, that the Reid property would have to be rezoned in the future. Krob moved and McCrea seconded the motion to recommend approval of the application of Anderson Development for amendment to the Blackhawk Park Planned Development from R=2 underlying_ zoning to allow a 72,000 square foot high tech production building and to recommend approval of the preliminary plat of CTC Business Campus for one office/production building and one outlot on 22 acres located in the .property described above, subject to the following • conditions for the zoning amendment: 7 9 • APC Minutes November 27, 1984 1. The applicant/owner shall enter into a planned development or amendment to the conditions of this specific development plan. 2. The architectural rendering used at the October 23, 1984 APC meeting shall be attached as an exhibit to the Planned Development Agreement. The conditions for the preliminary plat approval are as follows: 1. A comprehensive guide plan amendment shall be accepted by the Metropolitan Council. 2. That 219 parking spaces shall be provided with this facility with an expansion area as showing 30 to 40 additional spaces which could be constructed at a later date. 3. Only one access from Violet Lane shall be allowed to this facility. Right turn access only shall be allowed at Crestridge Lane, and access between the Business Campus portion and the townhouse portion of the property shall be • made feasible for the future. 4. A detailed landscape plan and adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 5. The plat shall be reviewed and approved by the Minnesota Department of Transportation because it abuts State right-of-way. 6. The loss of storage volume of Pond JP -3 resulting from site grading shall be compensated for. 7. Violet Lane shall be upgraded, including any utility extensions, to City standards. 8. Adequate half right-of-way as determined by the Dakota County Highway Engineer along with a 30 foot half right-of-way for Violet Lane shall be provided. 9. A 20 foot utility easement shall be dedicated over the sanitary sewer, water main, and storm sewer. 10. A ponding easement encompassing the HWL level for Pond JP -3 shall be dedicated with this plat. 11. This development shall be responsible for trunk area water, water • and storm sewer upgrading and lateral benefit from trunk water main. I 0 0 • APC Minutes November 27, 1984 12. All costs associated with the installation of internal public improvements shall be the sole responsibility of this improvement. 13. Acquisition of the Reid property to the east and of the property to the north shall be completed. Acquisition of access to Violet Lane and Pilot Knob Road shall be completed by the developer. 14. Access to the south shall be restricted to that necessary for emergency vehicles. 15. The property may be used only for the purposes of the high tech production building currently proposed and to the building as currently designed. 16. The preliminary plat approval is restricted to use by Anderson Development, Inc. and Check Technology. All members voted in favor except Chairman Hall who abstained. • PILOT KNOB SHOPPING CENTER - REZONING The public hearing concerning the application of Federal Land Company for rezoning from R-4 (Residential Multiple) to CSC (Community Shopping Center) for approximately 20 acres of land located on part of the southeast quarter of the northwest quarter of Section 15,. at the northwest corner of Duckwood Drive and Denmark Avenue, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that a request a few years ago had been made for a proposed shopping center and the problem at that time was the timing and the ability to connect to the adjacent property, that the property to the north and west is zoned CSC, the property to the east is developing as residential multiple, the property directly to the south is zoned R-4, and the property to the southwest is zoned Commercial. Vernon Colon appeared on behalf of Federal Land Company and stated that Federal Land Company now owns the land to the north and to the west, that if the rezoning is granted, the intent is to develop the subject property in connection with the property to the west and north as a shopping center, that Federal Land has a contract to purchase the subject property contingent on the approval of the rezoning request, that Phase One of the expected development would be 140,000 square foot community shopping center, including a major grocery store and major drug store, that the second phase of the expected development would include a 90,000 to 100,000 square foot discount store, such as a Target or K -Mart, and that the rezoning is requested in order to provide a large enough property to make it feasible to include a large discount store in the development. Ron Krank, appearing on behalf of the architect, stated that the potential tenants • needed property with substantial size and expansion capabilities in order to make development feasible. 0 0 0 • APC Minutes November 27, 1984 A number of owners of townhomes directly to the south of the subject parcel and to the north of Crestridge Lane including Kim Rawlinson and Dotty Penny, appeared and expressed the following concerns: That the rezoning of this parcel might result in the rezoning of the remaining triangular shaped R- 4 parcel north of the townhouses and south of Duckwood Drive and that this would have a detrimental impact upon the townhomes, that a small shopping center already exists in the area and that additional shopping center space is not necessary, that the proposal for a grocery store/drug store/discount store anchored shopping center is not of high enough quality to avoid harming the values of surrounding. residential properties, and that the rezoning of the subject parcel would harm the residential nature of the neighborhood. Ken Applebaum appeared and stated that the area at issue was always intended to be developed as commercial property and that the builder of the townhomes to the south was aware of this at the time he developed the property, and that the triangular parcel between the townhouses and the subject parcel would probably only be developed for parking. Mr. Colon stated that Federal Land Company has no connection with the triangular parcel. Member McCrea stated her concerns that there is already too much commer- cial property in Eagan and much of the commercial property is still unde- veloped, and that the area to the north and west could still be.used as a commercial shopping center without adding the additional acreage of the sub- ject parcel. Member Wold stated his concerns that there is too much piece meal development in Eagan, that the proposal was preferable to piece meal development, that a galleria type of development would be preferable, but it may not be possible in Eagan, that while the Comprehensive Guide Plan does designate the subject parcel as Community Shopping Center, it also designates half of the property south of Duckwood and north of Crestridge Lane as Multiple Residential, and that he is uneasy about rezoning without being able to review a preliminary plat at the same time, since this might result in the property ultimately developing as a number of fragmented shopping centers. Chairman Hall stated that if it is rezoned Community Shopping Center, proposed plats could be denied at the time they come in. Dale Runkle stated that piece meal development could occur on the property already zoned Community Shopping Center, and that adding about 20 acres to the area would make it more likely that the property would not be developed piece meal. Mr. Colon stated that he had no objection to the rezoning being approved subject to the conditions that it be developed in connection with the adjacent property to the north and west, that the development remain close to the concept plan which was pre- sented to the Planning Commission, and that it be platted within a certain period of time, and he also stated that some of the property in Eagan zoned as Community Shopping Center is not developing because of bad locations, and that this property may eventually revert to Residential zoning and use. Member McCrea stated that that is not a certainty. Member Mulrooney stated that the proposal was realistic and responsibly planned. Member Krob stated that com- munity shopping center development is appropriate if there are sufficient conditions placed upon the development to prevent it from developing piece 10 • APC Minutes November 27, 1984 n U r] Is meal and he asked why similar proposals were denied in 1979 and 1980. Dale Runkle stated that the previous proposals were denied because there were three different land owners in the area and no concept plan had been prepared tying them together. Mr. Krank stated that the Planning Commission had approved the proposed rezoning at that time, but that the City Council denied the rezoning because much of the property was planned for future expansion as planned development. Mulrooney moved and Wold seconded the motion to recommend approval of the rezoning from R-4 to CSC of approximatley 20 acres of land located on part of the southeast quarter of the northwest quarter of Section 15, at the northwest corner of Duckwood Drive and Denmark Avenue subject to Federal Land Company presenting to the Advisory Planning Commission within the next two years, a viable preliminary plat similar to the concept plan presented to set forth the proposed use of the land and adjacent areas already zoned Community Shopping Center, with the condition that if such a preliminary plat is not approved, the zoning would revert to R-4 for purposes of future development. Mr. Colon stated that he believed that the two year period was reasonable. All members voted in favor except member McCrea who voted against. CEDAR CLIFF COMMERCIAL PARK - VARIANCE FOR GAS P0MS The public hearing concerning the application of Federal Land Company for a variance to allow gasoline pumps on approximately 4.5 acres located on Cedar Cliff Commercial Park, Lot 1, Block 2, Nicols Road and Cliff Road, was con- vened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that gas pumps had previously been proposed for the property and by agreement between the City, the applicant and neighboring property owners, gas pumps were not included in the plat, and that the application was in effect a request that the City change its policy against gas pumps without service bays. Martin Colon appeared on behalf of the applicant and stated that the reason the applicant was now requesting to install gas pumps was that the expected anchor for the shopping center, Tom Thumb now refused to locate in Cedar Cliff Commercial Park, because during construction of the shopping center, a Super America station at Yankee Square was constructed with gas pumps without service bays, in competition with the Tom Thumb in Yankee Square, and that this was a hardship to Federal Land. Mr. Colon stated that there are food stores with gas pumps and no service bays at County Road 30 and Highway 1113 in Burnsville, at County Road 1130 and Nicols Road in Eagan, at the Super America station in Yankee Square, in three locations in Mendota Heights, in many locations to the west and south in Burnsville and Apple Valley, and that Eagan is the only City he is aware of that has an ordinance or policy which prevents gas pumps without service bays. Mr. Colon proposed an alter- nate solution under which Federal Land Company would agree to develop land • down the road on Cliff Road which would be complimentary to Cedar Cliff and which would provide service bays. 11 0 • APC Minutes November 27, 1984 Ll A number of neighboring residents in Cedar Cliff Addition appeared, including Dawn Simpson, Steve Darling, and Jerry Nesman, and they raised the following concerns: That the land was originally zoned for office use, but that the zoning was changed based upon a proposal by James Durning which would have 4.5 acres of commercial use and the remainder for office use, that after the change of zoning, the property was sold to Federal Land Company which came in with a totally different plat, that strip centers are detrimental to the neighboring residential properties, that the development of Cedar Cliff Com- mercial Park was approved only by agreement between the City, neighboring residents, and Federal Land Company, that part of the agreement was that there would be no gas pumps, that there are already a number of gas pumps in the area, that noise of an intercom between the gas pumps and the store would disturb neighboring residents, and that if gas pumps without service bays are allowed in one place, the City would have to allow them in other places. In response to questions from the Commission, Mr. Colon stated that 50% of the Cedar Cliff Commercial Park is now rented, not including Tom Thumb, and that the plan is to open the shopping center about the first of the year. Member McCrea stated that she saw no hardship, and that because the City has already turned down a number of other requests for gas pumps without service bays, it would have to be consistent and deny this proposal. Member Wilkins stated • that the Super America came in at Yankee Square many years before the City policy on pumps was changed and Mr. Colon stated that the SA was originally proposed to be a Phillips 66 station with bays and that this was granted extensions for many years. Member Wilkins stated that the reason for the policy is that there are not enough service bays in the City and that full service gas stations will not come in and compete with service bays only. Mr. Colon responded that the market may not necessarily respond to the policy, since automobile service is now controlled by large companies such as Sears and Goodyear who will begin locating in Eagan only upon completion of high volume roads, such as I -35E and 494. Dale Runkle stated that the prohibition against gas pumps without service bays is a City ordinance and not merely a City policy. Member Krob stated that the plat was approved with the under- standing that there would be no gas pumps and he felt that Federal Land Company was breaking faith with the City by now asking for a change, and that the possibility of revising the ordinance may be discussed with the City Council in the next month. Member Mulrooney stated that the operator of Tom Thumb knew that the Super America station was going in at Yankee Square for a long time, and that the agreement was clear that there will be no gas pumps in Cedar Cliff Commercial Park. Member Wold stated that he agrees with Mr. Colon that the City should not try to dictate to the market place by ordinance or policy, but that to reverse the agreement would undermine the credibility of the negotiating process. Mulrooney moved and Wilkins seconded the motion to recommend denial of the application of Federal Land Company for a variance to allow gas pumps on approximately 4.5 acres located in Cedar Cliff Industrial Park, the property • described above, on the grounds that the overall plan was originally recom- mended for approval only with the elimination of gas pumps. All members voted in favor. 12 0 APC Minutes • November 27, 1984 0 EAGANDALE INDUSTRIAL PARE NO. 7 - REZONING AND PRELDIINARY PLAT The public hearing concerning the application of Alscor/Northwestern Mutual Life Insurance Company for rezoning from R & D to I-1 and preliminary plat approval of Eagandale Industrial Park No. 7 for approximately 22 acres and 4 lots located on Lots 1 through 7, Block 4 of Eagandale Center Industrial Park, Section 3, east of Burnside Avenue and south of Avalon Avenue was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the property had originally been zoned as Research and Development in order to act as a buffer zone between Country Home Heights Addition and the property at Eagandale Center Industrial Park zoned Light Industrial (I-1), that the proposed buildings would be office/warehouse buildings with truck access away from the residential area and car parking on the side of the building closest to the residential area, with no access from Burnside Avenue in Country Homes Heights, that the only problem under the Research and Development zoning is the 20% maximum lot coverage requirement because approximately 29 1/2% of the lots would be covered under the proposal, and that this is the reason for the request for rezoning to Light Industrial. Bob Worthington of Opus Corporation, the architects, stated that with the • current zoning the property could be developed with access to Burnside Avenue in Country Home Heights if the lot coverage were reduced, but that the current proposal was preferable because no access is proposed to Burnside and because the plan would screen and buffer between the residential area and the noise and traffic, that a neighborhood meeting had been held at which no major objections had been raised and at which the neighbors had been assured that there would be lighting and landscaping to reduce the impact on the residen- tial property. A number of property owners appeared from the Country Homes Heights area and stated their concerns about problems with the property in the past from noise at night and from the time when it was used as a huge gravel pit and dirt and noise was a problem, that at the time that the property was rezoned to R & D, that there were verbal agreements at the time of rezoning that there would be no access on Burnside, that the property would be better developed as R & D, and that if the proposal is accepted, there should be conditions preventing 24 hour operations, limiting noise and dirt and prohibiting access to Burnside. In response to questions, Mr. Worthington stated that the tenants of the proposed buildings have not yet been determined, that the buildings would be used primarily during normal office hours, that the dis- tance from the west property line adjacent to Burnside to the front of the building would be 100 feet, that the distance would be 130 feet from the center.of Burnside to the front of the building, and that there would be over 300 feet from houses along Burnside to the front of the building, that the parking lot to the west of the building would be 20 feet from the street, that the 20 foot area would be landscaped and it would include a slight bump to • visually screen parking and the building from the residential area, and that the buidings would be limited to one story. In response to questions, Dale 13 0 • APC Minutes November 27, 1984 0 Runkle stated that none of the zoning categories limits use to anything shorter than 24 hours. Chairman Hall stated that the proposal could be handled by either keeping the property zoned Research and Development and varying the lot coverage or by rezoning to Light Industrial, with the condi- tion that the buildings would be a maximum of one story. Member Wold stated that he would prefer not to rezone simply to deal with the lot coverage problem, but that there is no application for a variance. Member Mulrooney stated that there is more assurance of less offensive use such as noise with R & D as opposed to Light Industrial zoning and that rezoning would be drastic and that he would prefer a variance for lot coverage. Member Krob also stated that he would prefer a variance because of additional controls over the property if it remains zoned R & D. Member Hall stated concerns that the south six buildings on the concept plan exceed 30% lot coverage, and Mr. Worthington stated that he would agree that none of those buildings when developed would exceed 30% lot coverage. Member Mulrooney raised the question of whether warehouse use is allowable under Research and Development zoning as a use similar to light manufacturing and processing. Mr. Worthington stated that Opus Corporation had been advised by their legal counsel that while it would be stretching the definition of light manufacturing and processing to include warehousing, that this would be allowable under the Eagan ordinance. Member Hall stated his preference that the south portion of the proposal be • deleted and that only the area which is proposed to be platted at this time be considered, so that if the development of the north two lots works out, the developer can come back and propose development of the lower area. He also stated his preference to tie the concept plan for the two top lots to the plat approval to make sure that the property develops as it is designed, to prevent access on Burnside, to provide for sufficient berming and screening, and to restrict the height of the building to one story. Member Wold moved and Kroh seconded the motion to deny the application of Alscor/Northwestern Mutual Life Insurance Company for rezoning from Research and Development to Light Industrial of approximately 22 acres and 4 lots located on Lots 1 through 7, Block 4, of Eagandale Center Industrial Park in Section 3, east of Burnside Avenue and south of Avalon Avenue because the uses proposed can be done with the property zoned as R & D. All members voted in favor. Wold moved and Mulrooney seconded the motion to recommend approval of the preliminary plat for Eagandale Industrial Park No. 7 located on Lots 1 through 5, Block 4, Eagandale Center Industrial Park and part of Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 6, in Section 3, east of Burnside Avenue and south of Avalon Avenue, subject to the following conditions: 1. The property shall be developed according to the concept plan submitted to the Advisory Planning Commission relating only to the two lots contained in the platted portion of the proposal, including the access as shown on the concept plan, the berming and screening as shown on the concept • plan, and the building height of one story, and no deviations from the concept plan of the two lots at the north of the area shall be allowed except as approved by the City of Eagan. 14 9 • APC Minutes November 27, 1984 2. A detailed landscape plan shall be approved and reviewed by the City and representatives of Country Homes Heights, and an adequate landscape bond shall be submitted for City approval and not released until one year after the landscaping is completed. 3. A detailed lighting plan shall be submitted and reviewed by City staff in order that the lighting is not intrusive to the existing residential neighborhood. 4. All other City ordinances shall be adhered to. 5. Existing storm sewer systems servicing Burnside Avenue and the proposed future development shall be extended and connected to the existing system in Eagandale Blvd. and all costs associated with the storm sewer exten- sion shall be the responsibility of this development. 6. The acquisition and dedication of all required utility easements for the storm sewer system extension to Eagandale Blvd. shall be the responsi- bility of this development, and all other required standard easements shall be • dedicated on the final plat. 7. A cross easement for the common driveway shall be approved by the City and recorded at the City providing full right to all benefited lots as a condition of final plat approval. 8. Detailed erosion control/restoration plans, and specifications shall be approved by the City prior to the issuance of any building permit. 9. That a variance allowing up to 30% lot coverage is granted by the City of Eagan, with R & D zoning. All members voted in favor. RARNCLIFF 2ND ADDITION - REZONING The public hearing concerning the application of M. G. Astleford for rezoning of 5.7 acres of land from Roadside Business to Limited Business at Rahncliff 2nd Addition to allow a 65,000 square foot office building located in part of the northwest quarter of Section 32, south of Cliff Road and east of Rahn Road was convened by Chairman Hall. City Planner, Dale Runkle intro- duced the application and stated that the purpose of the request for rezoning was to allow an office facility, at the recommendation of the City Council. Chairman Hall moved and member Wilkins seconded the motion to recommend approval of the application with the restriction that the property will be • developed only as an office building. All members voted in favor. 15 • APC Minutes November 27, 1984 0 9 ROYAL OAKS CIRCLE - PRELIMINARY PLAT The public hearing concerning the application of Asp Construction for preliminary plat approval of Royal Oaks Circle consisting of 297 apartment units on approximately 21 acres located in part of the northeast quarter of Section 16, north of Violet Lane and west of Federal Drive was convened by Chairman Hall. City Planner, Dale Runkle introduced the application and stated that the property is presently zoned R-4. Richard Asp appeared on behalf of the applicant and stated in response to questions from the Commis- sion that a meeting had been held with neighbors in the Surrey Heights area, that the low area at the south and west of the property would probably be developed as a play area for children, that some of the apartments may be set aside for families with and without children, that there will be no efficiency apartments, 189 two-bedroom apartments, and 108 one -bedroom apartments, that the price of the units will probably be around $500.00 per month for two- bedroom apartments, that there will be an office and swimming pool in the central area with tot lots, that the applicant is requesting tax exempt financing which would require that 20% of the units be set aside for low and middle income people, that the applicant is confident the application for tax • exempt financing will be approved, that the exterior would be cedar and under- ground parking would be in each building, that the applicant has developed property in eight states, including Minnesota, but not in the twin cities area prior to this, that none of the company's other projects have failed after they got off the ground, that the project is contingent on approval of tax exempt financing, that the buildings will not be converted to condominiums for at least 10 years under the tax exempt financing rolls, and that management will be done by a local management company. Wold moved, and Wilkins seconded the motion to recommend approval of the preliminary plat of Royal Oaks Circle, consisting of 297 apartment units on approximately 21 acres located in the property .described above, subject to the following conditions: 1. The existing woods along the north property line shall remain intact. 2. That building heights shall conform to the heights shown on the site plan. 3. If the parking ratio is reduced to a 2 per unit ratio, then each unit's rental shall be tied to a specific indoor stall. 4. A detailed landscape plan showing plant species, size, and location, plus the provision of recreational facilities shall be submitted for staff approval. 5. That preliminary plat approval is subject to the filing of an • approved environmental assessment worksheet. 16 0 • APC Minutes November 27, 1984 E 6. All surface water drainage generated from this development shall be conveyed by way of a storm sewer system to Pond CP -1 in the northwest or JP -2 to the south as a condition of final plat approval. 7. The finished grading of this development shall not result in slopes steeper than 3 to 1, and an adequate erosion control/restoration plan must be approved by the City prior to final plat approval. 8. All parking lots must provide an access to the internal loop private drive with internal raised concrete curb medians being constructed where required by staff. 9. This development shall be responsible for the acquisition and dedi- cation of all required utility easements necessary to service this development with the required utilities in addition to the normal lot line utility ease- ment dedications. 10. Violet Lane shall be upgraded to its ultimate City standards from Federal Drive to approximately 300 feet west, adjacent to this development, or is its future projected assessment liabilities must be prepaid as a condition of final plat approval. 11. A lighting plan shall be submitted to the City staff for review and approval. All members voted in favor. LI MUTION OF AGENDA Chairman Hall stated his concern about the length of the meeting, which had lasted six hours, and suggested that the number of items considered at each meeting could be cut back to 8. Mulrooney moved, and McCrea seconded the motion to adopt procedures limiting the agenda to 8 items per meeting. All members voted in favor. REVIEW OF PLATS BY PARK CON)UTTEE Chairman Hall stated his concern that approval of plats was being done subject to approval of the Park Committee on such items as greenage and landscaping which are properly under the Advisory Planning Commission's juris- diction, that three hearings, one before the Advisory Planning Commission, one before the Park Commitee, and one before the City Council is too much to expect of applicants, and that this problem should be discussed with the City • Council. Member Mulrooney suggested that the Park Committee should meet before the Planning Comission and that its recommendation be made part of the 17 0 • APC Minutes November 27, 1984 L staff report. Chairman Hall moved and Wilkins seconded the motion that the staff perform an analysis of review of plats by the,Park Committee and make a recommendation to the Advisoy Planning Commission at its next regular meeting concerning an appropriate method of having Park Committee review before hearings by the Advisory Planning Commission. All members voted in favor. Upon motion by Mulrooney, seconded by Wilkins, the meeting adjourned at 1:15 a.m. All voted in favor. • Secretary n U 18 0 0 0 • MINUTES OF A REGULAR MELTING OF THE ADVISORY PLANNING COM4IISSION EAGAN, M@1NESOTA NOVEMBER 27, 1984 A regular meeting of the Eagan Advisory Planning Commission was held on November 27, 1984 at 7:00 p.m. at the Eagan Municipal Center. Those present were Chairman Hall and Members, Wilkins, Rrob, Wold, McCrea and Mulrooney. Absent were members Bohne and Taylor. Also present were City Planner Dale Runkle, Assistant City Planner Greg Ingraham, Assistant City Engineer Rich Hefti, and Assistant City Attorney Bradley Smith. AGENDA Chairman Hall convened the meeting. Member Mulrooney moved and member Wold seconded the motion to approve the Agenda. All members voted in favor. Chairman Hall moved and Wold seconded the motion to approve the minutes of the October 23, 1984 meeting with the following changes: (1) The third sentence on page 3 regarding the hearing for Johannes Addition should read as follows: "He mentioned that the lay of the land makes this proposal for single family units preferable to the original proposal"; (2) the seventh sentence in the same paragraph should delete the word "likely"; and (3) at page 13 of the minutes, the portion relating to the schedule for the remainder of the year should show that a meeting was scheduled for December 20, 1984. NANDEE■S, INC. - CONDITIONAL USE PM[IT - PYLON SIGN The public hearing concerning the application of Hardee's, Inc. for a conditional use permit to allow a pylon sign on approximately one acre located on Lot 1, Block 1 of Durnings Addition, Cliff Road and Nichols Road, was convened by Chairman Hall. City Planner Dale Runkle introduced the applica- tion. He stated that the proposed sign would be 111 square feet with an additional 31 square foot of an appendage sign, that this would exceed the 125 square feet total allowed sign area, requiring a variance, that a conditional use permit for the same size sign had been approved in 1981 but had never been utilized. Members of the Commission stated that the 125 square foot limitation could be met by either not including the appendage sign or by using a smaller 58 square foot primary sign, and that the Commission has been very strict on the size of signs. Member McCrea moved and Wilkins seconded the motion to recommend approval of the application of Hardee's, Inc. for a condi- tional use permit to allow a pylon sign at the property described above, subject to the following conditions: • 1. The sign shall be at least 10 feet from any right-of-way line. 1 0 • APC Minutes November 27, 1984 E 2. The size of the sign shall not exceed 125 square feet of sign area per side. 3. The existing ground sign shall be removed. 4. The location and lighting of the sign shall not cause any obstruc- tion of driver's vision. All voted in favor. BASRBEL DRSNCNHAHN - CONDITIONAL USE PERMIT - PYLON SIGN The public hearing concerning the application of Baerbel Drenckhahn for conditional use permit to allow a pylon sign on approximately one acre located in part of the east half of Section 4, 2781 Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and . explained that the proposal is for a may pole, 23 112 feet high, with a series of figurines and symbols decorating it. Assistant City Planner Ingraham stated that the total square footage on each side would not exceed 125 feet under the proposal. The applicant appeared and stated that the sign will be all wood with flowers at the base, that there will be spotlights at the bottom to shine up, but that the lights will not interfere with neighbors, and that the sign will be cared for to prevent it from becoming unsightly. Member Wold moved and Wilkins seconded the motion to recommend approval of the conditional use permit, subject to the following conditions: 1. No part of the sign shall be located closer than 10 feet from the Pilot Knob Road right-of-way. 2. The sign shall not exceed 24 feet in height or 8 feet in width along the bottom tier. 3. All other city ordinances shall be adhered to. 4. The City staff shall monitor the sightliness of the sign, and the owner shall correct any unsightliness. All members voted in favor. Chairman Hall informed the applicant that the matter would be heard by • the City Council at the December 4, 1984 meeting. E 0 • APC Minutes November 27, 1984 FLOYD DEAN - WAIVER OF PLAT The public hearing concerning the application of Floyd Dean for a waiver of plat to adjust a lot line 37 feet to the east between Lots 14 and 15, Block 5, of Country Home Heights Addition, located in part of the southwest quarter of Section 3, north of Rainier Lane and east of Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the purpose of the adjustment of the lot line was to place the clothes line and all of the driveway which are used in connection with the home on Lot 14, within the lot line for Lot 14, that at the present time, the clothes line and part of the driveway are within Lot 15, and that setbacks will not be a problem for any improvements in place at this time. The appli- cant was present and stated that he owns Lots 14, 15 and 16, all of the land affected. Member Mulrooney moved and Krob seconded the motion to recommend approval of the application of Floyd Dean for waiver of plat to adjust the lot line between Lots 14 and 15, Block 5 of Country Home Heights Addition, 37 feet to the east, subject to all City requirements. All voted in favor. • WHISPERING WOODS - REZONING, PRELIMINARY PLAT A VARIANCE The public hearing concerning the application of Hills Construction Co. for rezoning from A (Agricultural District) to R-1 (Residential Single Family) for preliminary plat approval of Whispering Woods, for a 20 foot variance from setback requirements for the lots along Slater Road, and for a 10 foot front setback variance for Lots 1 through 6 on the cul -de -.sac, located in part of the southwest quarter of Section 31, east of Slater Road and south of James Street, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the setbacks had been suggested by staff for the cul-de-sac in order to preserve trees and to work better with the topo- graphy, that the setback variance along Slater Road would not allow buildings any closer to the center of the road than buildings on Slater Road to the north of Cliff Road and to the south in Burnsville, because the right-of-way adjacent to the proposed plat is 100 feet wide as opposed to 80 feet wide north of Cliff Road and 60 feet wide in Burnsville, and that the chance of the 100 foot right-of-way being used by the City is very slim. A representative of the applicant appeared and stated that the applicant would prefer to have Outlot A platted as an 0utlot rather than a part of Lot 4 as proposed by City staff, because the owner of the lot adjacent to the plat and Outlot A has - approached the owner to buy Outlot A. • McCrea moved and Wilkins seconded the motion to recommend approval of the application to rezone the property described above from A (Agricultural) to R- 1 (Single Family Residential), including Outlot A. All members voted in favor. 3 E APC Minutes • November 27, 1984 0 Wilkins moved, and McCrea seconded the motion to recommend approval of the preliminary plat for Whispering Woods Addition consisting of 10 lots on 3.8 acres of land in the property described above, subject to the following conditions: 1. A detailed grading, drainage, erosion, and sediment control plan shall be submitted to the City for review and approval by City staff. 2. Outlot A shall be platted as part of Lot 4 unless at the time of final plat approval, a purchase agreement is presented to the City showing purchase of Outlot A by the owner of the lot behind the proposed plat and adjacent to Outlot A. 3. This development shall be responsible for the trunk area storm sewer assessment at the rate in effect at the time of the final plat. 4. The developer shall provide to the City all requested utility and drainage easements 10 feet in width adjoining all streets and 5 feet in width. adjoining side and rear lot lines, and the developer will provide at his own • cost, 20 foot wide utility easements for public utilities not constructed within the street right-of-way. • 5. The grading limits and area of woods to be preserved shall be adjusted according to the setback variance allowances. 6. No driveway access shall be allowed on to Slater Road for Lots 1 through 8. 7. Lots 9 and 10 shall have turn -around driveways constructed in 'con- nection with the construction of the dwellings on those lots in order to preclude backing of vehicles on to Slater Road. 8. The owner shall cooperate with the City in all respects if the City vacates part of the right-of-way along Slater Road. All members voted in favor. Wilkins moved and Wold seconded the motion to recommend approval of a 10 foot front setback variance for Lots 1 through 6 around the cul-de-sac due to the hardship of the topography and the triangular shape of the property, and to recommend approval of a 20 foot variance to allow a 30 foot setback along Slater Road for Lots 1, 8, 9, and 10, if the City does not pursue vacating a portion of the existing right-of-way along Slater Road. All members voted in favor. 4 0 • APC Minutes November 27, 1984 AIRPORT PARK - CONDITIONAL USE PERMIT AND VARIANCES The public hearing concerning the application of Nolan Bros. for a conditional use permit, building setback variance, parking lot setback variance, and parking stall variance for an Airport Park and Ride facility and a future mini storage area on 6 acres located in part of the east half of Section 2, Plainview Planned Development was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the original approval for the planned unit development provided for a 20 foot building setback, that the proposal provides for a 5 foot cedar fence and four landscaped islands to buffer the development from the neighboring McKee Addition, that the parking area would be 5 feet from the boundary line with McKee Addition, that 9 foot by 18 foot parking stalls have been approved for use by the City for one user employee lot such as Sperry Corporation, that if the property is developed in the future as a mini storage area, the property would have to be replatted at that point. The applicant, Charles Nolan, of Nolan Bros., Inc. appeared and stated that Nolan Bros. had met with neighboring owners who had expressed a desire to have a solid fence, to have water drainage controlled to prevent drainage on to their property, and to • insure that lights did not disturb the neighborhood, that the intent would be to plant trees for buffering if the property is developed as a mini storage area, that water drainage would be collected on the site and drained away from McKee Addition, that if .the size of the parking spaces hurt business, the size would be upgraded, that an area at the southeast corner was set aside for large vehicles and provided for 12 foot by 20 foot spaces, that a full time attendant would be on the property 24 hours a day and would be situated in a permanent booth at the entrance, that if the future use of the property as a mini storage area was not acceptable to the City, the applicant would not go through with the development of the Park and Ride facility due to a need to have a back-up use, that the hardship requiring the requested variances is due to the unusual size and shape of the parcel which is long and narrow with a very small area abutting Lexington Road, that the parking lot would be in use primarily during the same hours as the airport, that is until 11:00 p.m., and that there will be entrance and exit gates and a chin link fence surrounding the entire property. Mr. Sauter, an owner in McKee Addition, stated that the applicant had met with approximately 6 or 8 neighboring property owners and had satisfactorily answered all questions raised, that Mr. Sauter was in favor of the proposal because it would remove an eyesore from the neighborhood. McCrea moved, and Wold seconded the motion to recommend approval of the conditional use permit for an airport Park and Ride facility and future mini - storage area on 6 acres located on the property described above, subject to the following conditions: 1. A detailed landscaping plan showing plant species, location, and • size along with details of the fencing and screening shall be submitted for staff approval. 0 • APC Minutes November 27, 1984 0 2. A detailed lighting plan showing the lighting direction and intensity shall be submitted for staff approval. 3. Concrete curbing shall be required along the site perimeter except bituminous curb shall suffice in areas in which future alteration is planned. 4. The parcel will require an approved final plat prior to conversion to the mini storage use, and an 80 foot variance from the 100 foot building setback requirement from the south property line, to allow a 20 foot building setback from the south property line, would be effective only upon final plat approval for use of the property as a mini storage area. 5. Only operable vehicles bearing current license plates. 6. A separate conditional use permit shall be required for any proposed pylon sign. 7. The minimum allowed size for parking spaces shall be 9 feet by 18 feet. • 8. The setback from the parking lot to the south lot line adjacent to the R-1 property to the south shall be no less than 5 feet. 9. Detailed grading plan shall be submitted to the City for staff approval. All members voted in favor. At 8:50 p.m. the Chair called a recess until 9:00 p.m. At 9:00 p.m. the meeting was reconvened. CTC BUSINESS CAMPUS - REZONING AND PRELIMINARY PLAT The public hearing concerning the application of Anderson Development for amendment to the Blackhawk Park Planned Development and preliminary plat approval for one office/production building and one outlot on 22 acres located in the southeast quarter of Section 16, west of Pilot Knob Road, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application which had been continued from the October 23, 1984 meeting of the Advisory Planning Commission. Mr. Runkle stated that the 'City staff had attempted to address a number of concerns raised by the Planning Commission in a report that had been submitted to the Commission, and he also referred the Commission to a report prepared by the Consulting Planner, John Voss, relating to the proposal. Mr. • Runkle stated that the primary access had been revised from the original proposal in order to provide access at Violet Lane rather than at Crestridge 11 0 0 APC Minutes • November 27, 1984 Lane or Englert Road, that the building had been moved to the east in order to allow for a possible public street along the west side of the property, that the moving of the building to the east would require the removal of three residences to the east of the proposal and along Pilot Knob Road, that a concept plan of townhouses on the south portion of the property had been provided, which would access to Englert Road and which could provide a public street to the north for emergency access, that Dakota County had stated no objection to the proposed access,.and that a review of other parcels in the City of Eagan showed that there were other parcels which could accommodate this proposed use. The applicant was present and stated that the 4 acre parcel to the north will be acquired by the developer to allow access to Violet Lane, that verbal agreements had been reached with the property owners to the east as to purchase prices to each of the three properties, that a right -in, right -out entrance/exit at Crestridge Lane had been proposed primarily for the convenience of some employees, and not as a primary access point. In response to a question from the public, the applicant stated that Check Technology would use the property for manufacturing and light assembly for assembly of computers, rather than as a factory, and that the use is similar to the use made of the Sperry plant to the north. Dick Reid, one of • the property owners to the east, stated that purchase agreements had been prepared for those properties but that the properties had not as yet been sold. Dale Runkle made additional comments that the primary access would be at Violet Lane, the secondary access would be at Crestridge Lane, and a potential third access would be at Englert Road, that any connection to Englert Road could be designed for emergency use only and to prevent traffic from the business campus through the proposed townhouse area. In response to a question from member Mulrooney, the owner of CTC stated that the only noise generated by the facility would be kept inside of the facility, that incoming trucks would be limited to small vans and trucks, and outgoing trucks would average one per week to carry very large shipments. Warren Isrealson, one of the people appearing on behalf of the applicant, stated that the revised plan had been presented to the County and discussed with the County Surveyor who had stated that County approval for access onto Violet Lane would not be required because Violet Lane is already connected to Pilot Knob Road. Members of the Commission expressed concerns about what might happen if CTC does not complete the purchase of the Reid property, and that if the Reid property is purchased and consolidated into the plan, that the Reid property would have to be rezoned in the future. Krob moved and McCrea seconded the motion to recommend approval of the application of Anderson Development for amendment to the Blackhawk Park Planned Development from R=2 underlying_ zoning to allow a 72,000 square foot high tech production building and to recommend approval of the preliminary plat of CTC Business Campus for one office/production building and one outlot on 22 acres located in the .property described above, subject to the following • conditions for the zoning amendment: 7 9 • APC Minutes November 27, 1984 1. The applicant/owner shall enter into a planned development or amendment to the conditions of this specific development plan. 2. The architectural rendering used at the October 23, 1984 APC meeting shall be attached as an exhibit to the Planned Development Agreement. The conditions for the preliminary plat approval are as follows: 1. A comprehensive guide plan amendment shall be accepted by the Metropolitan Council. 2. That 219 parking spaces shall be provided with this facility with an expansion area as showing 30 to 40 additional spaces which could be constructed at a later date. 3. Only one access from Violet Lane shall be allowed to this facility. Right turn access only shall be allowed at Crestridge Lane, and access between the Business Campus portion and the townhouse portion of the property shall be • made feasible for the future. 4. A detailed landscape plan and adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 5. The plat shall be reviewed and approved by the Minnesota Department of Transportation because it abuts State right-of-way. 6. The loss of storage volume of Pond JP -3 resulting from site grading shall be compensated for. 7. Violet Lane shall be upgraded, including any utility extensions, to City standards. 8. Adequate half right-of-way as determined by the Dakota County Highway Engineer along with a 30 foot half right-of-way for Violet Lane shall be provided. 9. A 20 foot utility easement shall be dedicated over the sanitary sewer, water main, and storm sewer. 10. A ponding easement encompassing the HWL level for Pond JP -3 shall be dedicated with this plat. 11. This development shall be responsible for trunk area water, water • and storm sewer upgrading and lateral benefit from trunk water main. I 0 0 • APC Minutes November 27, 1984 12. All costs associated with the installation of internal public improvements shall be the sole responsibility of this improvement. 13. Acquisition of the Reid property to the east and of the property to the north shall be completed. Acquisition of access to Violet Lane and Pilot Knob Road shall be completed by the developer. 14. Access to the south shall be restricted to that necessary for emergency vehicles. 15. The property may be used only for the purposes of the high tech production building currently proposed and to the building as currently designed. 16. The preliminary plat approval is restricted to use by Anderson Development, Inc. and Check Technology. All members voted in favor except Chairman Hall who abstained. • PILOT KNOB SHOPPING CENTER - REZONING The public hearing concerning the application of Federal Land Company for rezoning from R-4 (Residential Multiple) to CSC (Community Shopping Center) for approximately 20 acres of land located on part of the southeast quarter of the northwest quarter of Section 15,. at the northwest corner of Duckwood Drive and Denmark Avenue, was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that a request a few years ago had been made for a proposed shopping center and the problem at that time was the timing and the ability to connect to the adjacent property, that the property to the north and west is zoned CSC, the property to the east is developing as residential multiple, the property directly to the south is zoned R-4, and the property to the southwest is zoned Commercial. Vernon Colon appeared on behalf of Federal Land Company and stated that Federal Land Company now owns the land to the north and to the west, that if the rezoning is granted, the intent is to develop the subject property in connection with the property to the west and north as a shopping center, that Federal Land has a contract to purchase the subject property contingent on the approval of the rezoning request, that Phase One of the expected development would be 140,000 square foot community shopping center, including a major grocery store and major drug store, that the second phase of the expected development would include a 90,000 to 100,000 square foot discount store, such as a Target or K -Mart, and that the rezoning is requested in order to provide a large enough property to make it feasible to include a large discount store in the development. Ron Krank, appearing on behalf of the architect, stated that the potential tenants • needed property with substantial size and expansion capabilities in order to make development feasible. 0 0 0 • APC Minutes November 27, 1984 A number of owners of townhomes directly to the south of the subject parcel and to the north of Crestridge Lane including Kim Rawlinson and Dotty Penny, appeared and expressed the following concerns: That the rezoning of this parcel might result in the rezoning of the remaining triangular shaped R- 4 parcel north of the townhouses and south of Duckwood Drive and that this would have a detrimental impact upon the townhomes, that a small shopping center already exists in the area and that additional shopping center space is not necessary, that the proposal for a grocery store/drug store/discount store anchored shopping center is not of high enough quality to avoid harming the values of surrounding. residential properties, and that the rezoning of the subject parcel would harm the residential nature of the neighborhood. Ken Applebaum appeared and stated that the area at issue was always intended to be developed as commercial property and that the builder of the townhomes to the south was aware of this at the time he developed the property, and that the triangular parcel between the townhouses and the subject parcel would probably only be developed for parking. Mr. Colon stated that Federal Land Company has no connection with the triangular parcel. Member McCrea stated her concerns that there is already too much commer- cial property in Eagan and much of the commercial property is still unde- veloped, and that the area to the north and west could still be.used as a commercial shopping center without adding the additional acreage of the sub- ject parcel. Member Wold stated his concerns that there is too much piece meal development in Eagan, that the proposal was preferable to piece meal development, that a galleria type of development would be preferable, but it may not be possible in Eagan, that while the Comprehensive Guide Plan does designate the subject parcel as Community Shopping Center, it also designates half of the property south of Duckwood and north of Crestridge Lane as Multiple Residential, and that he is uneasy about rezoning without being able to review a preliminary plat at the same time, since this might result in the property ultimately developing as a number of fragmented shopping centers. Chairman Hall stated that if it is rezoned Community Shopping Center, proposed plats could be denied at the time they come in. Dale Runkle stated that piece meal development could occur on the property already zoned Community Shopping Center, and that adding about 20 acres to the area would make it more likely that the property would not be developed piece meal. Mr. Colon stated that he had no objection to the rezoning being approved subject to the conditions that it be developed in connection with the adjacent property to the north and west, that the development remain close to the concept plan which was pre- sented to the Planning Commission, and that it be platted within a certain period of time, and he also stated that some of the property in Eagan zoned as Community Shopping Center is not developing because of bad locations, and that this property may eventually revert to Residential zoning and use. Member McCrea stated that that is not a certainty. Member Mulrooney stated that the proposal was realistic and responsibly planned. Member Krob stated that com- munity shopping center development is appropriate if there are sufficient conditions placed upon the development to prevent it from developing piece 10 • APC Minutes November 27, 1984 n U r] Is meal and he asked why similar proposals were denied in 1979 and 1980. Dale Runkle stated that the previous proposals were denied because there were three different land owners in the area and no concept plan had been prepared tying them together. Mr. Krank stated that the Planning Commission had approved the proposed rezoning at that time, but that the City Council denied the rezoning because much of the property was planned for future expansion as planned development. Mulrooney moved and Wold seconded the motion to recommend approval of the rezoning from R-4 to CSC of approximatley 20 acres of land located on part of the southeast quarter of the northwest quarter of Section 15, at the northwest corner of Duckwood Drive and Denmark Avenue subject to Federal Land Company presenting to the Advisory Planning Commission within the next two years, a viable preliminary plat similar to the concept plan presented to set forth the proposed use of the land and adjacent areas already zoned Community Shopping Center, with the condition that if such a preliminary plat is not approved, the zoning would revert to R-4 for purposes of future development. Mr. Colon stated that he believed that the two year period was reasonable. All members voted in favor except member McCrea who voted against. CEDAR CLIFF COMMERCIAL PARK - VARIANCE FOR GAS P0MS The public hearing concerning the application of Federal Land Company for a variance to allow gasoline pumps on approximately 4.5 acres located on Cedar Cliff Commercial Park, Lot 1, Block 2, Nicols Road and Cliff Road, was con- vened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that gas pumps had previously been proposed for the property and by agreement between the City, the applicant and neighboring property owners, gas pumps were not included in the plat, and that the application was in effect a request that the City change its policy against gas pumps without service bays. Martin Colon appeared on behalf of the applicant and stated that the reason the applicant was now requesting to install gas pumps was that the expected anchor for the shopping center, Tom Thumb now refused to locate in Cedar Cliff Commercial Park, because during construction of the shopping center, a Super America station at Yankee Square was constructed with gas pumps without service bays, in competition with the Tom Thumb in Yankee Square, and that this was a hardship to Federal Land. Mr. Colon stated that there are food stores with gas pumps and no service bays at County Road 30 and Highway 1113 in Burnsville, at County Road 1130 and Nicols Road in Eagan, at the Super America station in Yankee Square, in three locations in Mendota Heights, in many locations to the west and south in Burnsville and Apple Valley, and that Eagan is the only City he is aware of that has an ordinance or policy which prevents gas pumps without service bays. Mr. Colon proposed an alter- nate solution under which Federal Land Company would agree to develop land • down the road on Cliff Road which would be complimentary to Cedar Cliff and which would provide service bays. 11 0 • APC Minutes November 27, 1984 Ll A number of neighboring residents in Cedar Cliff Addition appeared, including Dawn Simpson, Steve Darling, and Jerry Nesman, and they raised the following concerns: That the land was originally zoned for office use, but that the zoning was changed based upon a proposal by James Durning which would have 4.5 acres of commercial use and the remainder for office use, that after the change of zoning, the property was sold to Federal Land Company which came in with a totally different plat, that strip centers are detrimental to the neighboring residential properties, that the development of Cedar Cliff Com- mercial Park was approved only by agreement between the City, neighboring residents, and Federal Land Company, that part of the agreement was that there would be no gas pumps, that there are already a number of gas pumps in the area, that noise of an intercom between the gas pumps and the store would disturb neighboring residents, and that if gas pumps without service bays are allowed in one place, the City would have to allow them in other places. In response to questions from the Commission, Mr. Colon stated that 50% of the Cedar Cliff Commercial Park is now rented, not including Tom Thumb, and that the plan is to open the shopping center about the first of the year. Member McCrea stated that she saw no hardship, and that because the City has already turned down a number of other requests for gas pumps without service bays, it would have to be consistent and deny this proposal. Member Wilkins stated • that the Super America came in at Yankee Square many years before the City policy on pumps was changed and Mr. Colon stated that the SA was originally proposed to be a Phillips 66 station with bays and that this was granted extensions for many years. Member Wilkins stated that the reason for the policy is that there are not enough service bays in the City and that full service gas stations will not come in and compete with service bays only. Mr. Colon responded that the market may not necessarily respond to the policy, since automobile service is now controlled by large companies such as Sears and Goodyear who will begin locating in Eagan only upon completion of high volume roads, such as I -35E and 494. Dale Runkle stated that the prohibition against gas pumps without service bays is a City ordinance and not merely a City policy. Member Krob stated that the plat was approved with the under- standing that there would be no gas pumps and he felt that Federal Land Company was breaking faith with the City by now asking for a change, and that the possibility of revising the ordinance may be discussed with the City Council in the next month. Member Mulrooney stated that the operator of Tom Thumb knew that the Super America station was going in at Yankee Square for a long time, and that the agreement was clear that there will be no gas pumps in Cedar Cliff Commercial Park. Member Wold stated that he agrees with Mr. Colon that the City should not try to dictate to the market place by ordinance or policy, but that to reverse the agreement would undermine the credibility of the negotiating process. Mulrooney moved and Wilkins seconded the motion to recommend denial of the application of Federal Land Company for a variance to allow gas pumps on approximately 4.5 acres located in Cedar Cliff Industrial Park, the property • described above, on the grounds that the overall plan was originally recom- mended for approval only with the elimination of gas pumps. All members voted in favor. 12 0 APC Minutes • November 27, 1984 0 EAGANDALE INDUSTRIAL PARE NO. 7 - REZONING AND PRELDIINARY PLAT The public hearing concerning the application of Alscor/Northwestern Mutual Life Insurance Company for rezoning from R & D to I-1 and preliminary plat approval of Eagandale Industrial Park No. 7 for approximately 22 acres and 4 lots located on Lots 1 through 7, Block 4 of Eagandale Center Industrial Park, Section 3, east of Burnside Avenue and south of Avalon Avenue was convened by Chairman Hall. City Planner, Dale Runkle, introduced the application and stated that the property had originally been zoned as Research and Development in order to act as a buffer zone between Country Home Heights Addition and the property at Eagandale Center Industrial Park zoned Light Industrial (I-1), that the proposed buildings would be office/warehouse buildings with truck access away from the residential area and car parking on the side of the building closest to the residential area, with no access from Burnside Avenue in Country Homes Heights, that the only problem under the Research and Development zoning is the 20% maximum lot coverage requirement because approximately 29 1/2% of the lots would be covered under the proposal, and that this is the reason for the request for rezoning to Light Industrial. Bob Worthington of Opus Corporation, the architects, stated that with the • current zoning the property could be developed with access to Burnside Avenue in Country Home Heights if the lot coverage were reduced, but that the current proposal was preferable because no access is proposed to Burnside and because the plan would screen and buffer between the residential area and the noise and traffic, that a neighborhood meeting had been held at which no major objections had been raised and at which the neighbors had been assured that there would be lighting and landscaping to reduce the impact on the residen- tial property. A number of property owners appeared from the Country Homes Heights area and stated their concerns about problems with the property in the past from noise at night and from the time when it was used as a huge gravel pit and dirt and noise was a problem, that at the time that the property was rezoned to R & D, that there were verbal agreements at the time of rezoning that there would be no access on Burnside, that the property would be better developed as R & D, and that if the proposal is accepted, there should be conditions preventing 24 hour operations, limiting noise and dirt and prohibiting access to Burnside. In response to questions, Mr. Worthington stated that the tenants of the proposed buildings have not yet been determined, that the buildings would be used primarily during normal office hours, that the dis- tance from the west property line adjacent to Burnside to the front of the building would be 100 feet, that the distance would be 130 feet from the center.of Burnside to the front of the building, and that there would be over 300 feet from houses along Burnside to the front of the building, that the parking lot to the west of the building would be 20 feet from the street, that the 20 foot area would be landscaped and it would include a slight bump to • visually screen parking and the building from the residential area, and that the buidings would be limited to one story. In response to questions, Dale 13 0 • APC Minutes November 27, 1984 0 Runkle stated that none of the zoning categories limits use to anything shorter than 24 hours. Chairman Hall stated that the proposal could be handled by either keeping the property zoned Research and Development and varying the lot coverage or by rezoning to Light Industrial, with the condi- tion that the buildings would be a maximum of one story. Member Wold stated that he would prefer not to rezone simply to deal with the lot coverage problem, but that there is no application for a variance. Member Mulrooney stated that there is more assurance of less offensive use such as noise with R & D as opposed to Light Industrial zoning and that rezoning would be drastic and that he would prefer a variance for lot coverage. Member Krob also stated that he would prefer a variance because of additional controls over the property if it remains zoned R & D. Member Hall stated concerns that the south six buildings on the concept plan exceed 30% lot coverage, and Mr. Worthington stated that he would agree that none of those buildings when developed would exceed 30% lot coverage. Member Mulrooney raised the question of whether warehouse use is allowable under Research and Development zoning as a use similar to light manufacturing and processing. Mr. Worthington stated that Opus Corporation had been advised by their legal counsel that while it would be stretching the definition of light manufacturing and processing to include warehousing, that this would be allowable under the Eagan ordinance. Member Hall stated his preference that the south portion of the proposal be • deleted and that only the area which is proposed to be platted at this time be considered, so that if the development of the north two lots works out, the developer can come back and propose development of the lower area. He also stated his preference to tie the concept plan for the two top lots to the plat approval to make sure that the property develops as it is designed, to prevent access on Burnside, to provide for sufficient berming and screening, and to restrict the height of the building to one story. Member Wold moved and Kroh seconded the motion to deny the application of Alscor/Northwestern Mutual Life Insurance Company for rezoning from Research and Development to Light Industrial of approximately 22 acres and 4 lots located on Lots 1 through 7, Block 4, of Eagandale Center Industrial Park in Section 3, east of Burnside Avenue and south of Avalon Avenue because the uses proposed can be done with the property zoned as R & D. All members voted in favor. Wold moved and Mulrooney seconded the motion to recommend approval of the preliminary plat for Eagandale Industrial Park No. 7 located on Lots 1 through 5, Block 4, Eagandale Center Industrial Park and part of Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 6, in Section 3, east of Burnside Avenue and south of Avalon Avenue, subject to the following conditions: 1. The property shall be developed according to the concept plan submitted to the Advisory Planning Commission relating only to the two lots contained in the platted portion of the proposal, including the access as shown on the concept plan, the berming and screening as shown on the concept • plan, and the building height of one story, and no deviations from the concept plan of the two lots at the north of the area shall be allowed except as approved by the City of Eagan. 14 9 • APC Minutes November 27, 1984 2. A detailed landscape plan shall be approved and reviewed by the City and representatives of Country Homes Heights, and an adequate landscape bond shall be submitted for City approval and not released until one year after the landscaping is completed. 3. A detailed lighting plan shall be submitted and reviewed by City staff in order that the lighting is not intrusive to the existing residential neighborhood. 4. All other City ordinances shall be adhered to. 5. Existing storm sewer systems servicing Burnside Avenue and the proposed future development shall be extended and connected to the existing system in Eagandale Blvd. and all costs associated with the storm sewer exten- sion shall be the responsibility of this development. 6. The acquisition and dedication of all required utility easements for the storm sewer system extension to Eagandale Blvd. shall be the responsi- bility of this development, and all other required standard easements shall be • dedicated on the final plat. 7. A cross easement for the common driveway shall be approved by the City and recorded at the City providing full right to all benefited lots as a condition of final plat approval. 8. Detailed erosion control/restoration plans, and specifications shall be approved by the City prior to the issuance of any building permit. 9. That a variance allowing up to 30% lot coverage is granted by the City of Eagan, with R & D zoning. All members voted in favor. RARNCLIFF 2ND ADDITION - REZONING The public hearing concerning the application of M. G. Astleford for rezoning of 5.7 acres of land from Roadside Business to Limited Business at Rahncliff 2nd Addition to allow a 65,000 square foot office building located in part of the northwest quarter of Section 32, south of Cliff Road and east of Rahn Road was convened by Chairman Hall. City Planner, Dale Runkle intro- duced the application and stated that the purpose of the request for rezoning was to allow an office facility, at the recommendation of the City Council. Chairman Hall moved and member Wilkins seconded the motion to recommend approval of the application with the restriction that the property will be • developed only as an office building. All members voted in favor. 15 • APC Minutes November 27, 1984 0 9 ROYAL OAKS CIRCLE - PRELIMINARY PLAT The public hearing concerning the application of Asp Construction for preliminary plat approval of Royal Oaks Circle consisting of 297 apartment units on approximately 21 acres located in part of the northeast quarter of Section 16, north of Violet Lane and west of Federal Drive was convened by Chairman Hall. City Planner, Dale Runkle introduced the application and stated that the property is presently zoned R-4. Richard Asp appeared on behalf of the applicant and stated in response to questions from the Commis- sion that a meeting had been held with neighbors in the Surrey Heights area, that the low area at the south and west of the property would probably be developed as a play area for children, that some of the apartments may be set aside for families with and without children, that there will be no efficiency apartments, 189 two-bedroom apartments, and 108 one -bedroom apartments, that the price of the units will probably be around $500.00 per month for two- bedroom apartments, that there will be an office and swimming pool in the central area with tot lots, that the applicant is requesting tax exempt financing which would require that 20% of the units be set aside for low and middle income people, that the applicant is confident the application for tax • exempt financing will be approved, that the exterior would be cedar and under- ground parking would be in each building, that the applicant has developed property in eight states, including Minnesota, but not in the twin cities area prior to this, that none of the company's other projects have failed after they got off the ground, that the project is contingent on approval of tax exempt financing, that the buildings will not be converted to condominiums for at least 10 years under the tax exempt financing rolls, and that management will be done by a local management company. Wold moved, and Wilkins seconded the motion to recommend approval of the preliminary plat of Royal Oaks Circle, consisting of 297 apartment units on approximately 21 acres located in the property .described above, subject to the following conditions: 1. The existing woods along the north property line shall remain intact. 2. That building heights shall conform to the heights shown on the site plan. 3. If the parking ratio is reduced to a 2 per unit ratio, then each unit's rental shall be tied to a specific indoor stall. 4. A detailed landscape plan showing plant species, size, and location, plus the provision of recreational facilities shall be submitted for staff approval. 5. That preliminary plat approval is subject to the filing of an • approved environmental assessment worksheet. 16 0 • APC Minutes November 27, 1984 E 6. All surface water drainage generated from this development shall be conveyed by way of a storm sewer system to Pond CP -1 in the northwest or JP -2 to the south as a condition of final plat approval. 7. The finished grading of this development shall not result in slopes steeper than 3 to 1, and an adequate erosion control/restoration plan must be approved by the City prior to final plat approval. 8. All parking lots must provide an access to the internal loop private drive with internal raised concrete curb medians being constructed where required by staff. 9. This development shall be responsible for the acquisition and dedi- cation of all required utility easements necessary to service this development with the required utilities in addition to the normal lot line utility ease- ment dedications. 10. Violet Lane shall be upgraded to its ultimate City standards from Federal Drive to approximately 300 feet west, adjacent to this development, or is its future projected assessment liabilities must be prepaid as a condition of final plat approval. 11. A lighting plan shall be submitted to the City staff for review and approval. All members voted in favor. LI MUTION OF AGENDA Chairman Hall stated his concern about the length of the meeting, which had lasted six hours, and suggested that the number of items considered at each meeting could be cut back to 8. Mulrooney moved, and McCrea seconded the motion to adopt procedures limiting the agenda to 8 items per meeting. All members voted in favor. REVIEW OF PLATS BY PARK CON)UTTEE Chairman Hall stated his concern that approval of plats was being done subject to approval of the Park Committee on such items as greenage and landscaping which are properly under the Advisory Planning Commission's juris- diction, that three hearings, one before the Advisory Planning Commission, one before the Park Commitee, and one before the City Council is too much to expect of applicants, and that this problem should be discussed with the City • Council. Member Mulrooney suggested that the Park Committee should meet before the Planning Comission and that its recommendation be made part of the 17 0 • APC Minutes November 27, 1984 L staff report. Chairman Hall moved and Wilkins seconded the motion that the staff perform an analysis of review of plats by the,Park Committee and make a recommendation to the Advisoy Planning Commission at its next regular meeting concerning an appropriate method of having Park Committee review before hearings by the Advisory Planning Commission. All members voted in favor. Upon motion by Mulrooney, seconded by Wilkins, the meeting adjourned at 1:15 a.m. All voted in favor. • Secretary n U 18 0