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05/01/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING May 1, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS L} A. Recognition of Public Works Director Tom Colbert for his 34 Years of Service to the City of Eagan 5 B. Recognition of Friends of the Farm Volunteers for their volunteer hours at Holz Farm IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 'P• (.v A. APPROVE MINUTES P - 13 B. PERSONNEL ITEMS P. 14 C. APPROVE Check Registers • I D. APPROVE Resolution to accept donations to the Fire Department from Alerus Financial �� Bank and the Eagan Rotary Club I� • E. APPROVE Resolution to accept a donation to the Police Department from the Eagan P. Rotary Club 19 F. APPROVE an internal transfer of $5,900 to implement a Composting /Organics Pilot Program at the Eagan Community Center P. _i7 G. H. Item removed APPROVE Plans & Specs for Contract 12 -10, City -Wide Storm Sewer Improvements I. Item removed P - ZZ. J. DIRECT preparation of an ordinance amendment to Chapter 3, Section 3.05, Subdivision 5 �•Z3 (Water Meter Accessibility) K. APPROVE Preliminary Planned Development Extension for Boulder Lakes Business Park — L. Eagan Heights LLC APPROVE Exempt Permit for 360 Communities to hold a raffle on May 5, 2012 V. PUBLIC HEARINGS ?.'2.9 A. Certification of delinquent utility bills F -5 1 B. Certification of delinquent false alarm bills 53 C. Certification of delinquent noxious weed, mowing, and refuse removal bills x•55 D. VARIANCE — Sherwin Williams — A Variance of 40 feet to the required 50 foot right of way setback, to allow construction of a new building located at 1295 Town Centre Drive. VI. OLD BUSINESS A. Receive bids and approve resolution awarding sale of Taxable General Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment Certificates of Indebtedness, Series 2012B B. ORDINANCE AMENDMENT - An Ordinance Amendment to Chapters 11 and 5 to modify the definition of restaurant. VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — Hidden Horse Stables/ John Schonberg & Maggie Mell - A Conditional Use Permit to allow boarding of up to 5 horses on Lot 1, Block 1, Hidden Horse Stables. P 122, B. PLANNED DEVELOPMENT AMNEDMENT — The Urgency Room / EP Development, LLC / Thomas Klassen - A Planned Development Amendment to allow a medical facility located on Lot 1, Block 1, Eagandale Center Industrial Park No. 19. C. REZONING and FINAL PLANNED DEVELOPMENT— Oppidan, Inc. / Paul Tucci - A Rezoning from CSC, Community Shopping Center to PD, Planned Development and A Final Planned Development of approximately 2.8 acres to allow a multiple tenant building. located at Lot 1, Block 1, Rahncliff 1st Addition VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER h•183 B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes p, J $fc, 2. APPROVE Consultant Agreement with Maxfield for Outlet Market Analysis at Cedar Grove D. OLD BUSINESS E. NEW BUSINESS Iq(j 1. CONSIDER DEVELOPMENT AGREEMENT for Paragon Development for Retail Development Parcel in Cedar Grove Development District F. Other Business G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 2-1 4b� City of Eajan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 27, 2012 SUBJECT: AGENDA INFORMATION FOR MAY 1, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 1, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo May 1, 2012 Eagan City Council A. RECOGNITION OF PUBLIC WORKS DIRECTOR TOM COLBERT FOR HIS 34 YEARS OF SERVICE TO THE CITY OF EAGAN ACTION TO BE CONSIDERED: To recognize Public Works Director Tom Colbert for his 34 years of service to the City of Eagan. FACTS: • Tom Colbert has served as the City of Eagan's Public Works Director since 1978. • Director Colbert has overseen the development of the City from open farmscape to the residential and commercial hub of today. He successfully designed and implemented a nationally recognized stormwater drainage system and the ring road system alleviating traffic congestion at the Yankee Doodle /Pilot Knob intersection. • In 1995 Director Colbert was recognized as a Top Ten Public Works Leader in the nation. • City Administrator Hedges will address the City Council with more detail on Director Colbert's service to the City. • Director Colbert will be presented with a plaque in recognition and appreciation for his dedicated service to the community. ATTACHMENTS: (None) 4 Agenda Memo May 1, 2012 City Council Meeting B. RECOGNITION of Friends of the Farm volunteer for their volunteer hours at Holz Farm. ACTION TO BE CONSIDERED: Recognize Linda Klein for her volunteer hours at Holz Farm. FACTS: • Linda Klein is being recognized for reaching the 250 hour milestone. • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers from the Friends of the Farm and the Eagan Garden Club contributed over 1600 hours of service to Holz Farm in 2011. • Friends of the Farm volunteers are recognized by the City Council after they've reached specific volunteer hour milestones. • Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 201h and summer camps that will take place in June and July. The annual Clean Up Day will be held on Saturday, May 5 from 9 -Noon. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 12th • Parks & Recreation Director Johnson will recognize Ms. Klein in honor of her dedication to Holz Farm. ATTACHMENTS: None. 161 Agenda Information Memo May 1, 2012 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 17, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of April 17, 2012 Regular City Council meeting are enclosed on page ! through / z . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 17, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Resident Ronald Erickson, 3656 Woodland Trail, asked questions regarding the process of the Lockheed Martin development proposal. A regular meeting of the Eagan City Council was held on Tuesday, April 17, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, City Planner Ridley, Public Works Director Colbert, City Engineer Matthys, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, and Utilities Superintendent Eaton. AGENDA Administrator Hedges noted the applicants of Public Hearings items A, B and C requested the hearing be continued to the May 15, 2012 City council meeting. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the April 3, 2012 regular City Council meeting and the minutes of the March 20, 2012 and April 10, 2012 Special City Council meetings as presented or modified. B. PERSONNEL ITEMS 1. It was recommended to approve hiring of the IT Specialist position in the IT Department to be named 2. It was recommended to approve hiring of the PT Clerical Technician 4 position in the Police Department to be named 3. It was recommended to approve hiring of the Executive Assistant to be named 4. It was recommended to authorize Russ Matthys at Acting Public Works Director effective May 7, 2012 5. It was recommended to approve the reclassification of the Human Resources Specialist to Human Resources Generalist 6. It was recommended to approve the reclassification of the Water Resources Coordinator to Water Resources Manager 7. It was recommended to approve the reclassification of the Transportation Operations Engineer 8. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Utilities C. It was recommended to approve the Check Registers dated March 30, 2012 and April 13, 2012 D. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 4 relative to recreational fires E. It was recommended to approve Plans & Specs for Contract 11 -09 (Denmark & Yankee Doodle Rd — Traffic Operations) and Authorize Ad for Bids F. It was recommended to approve Easement Agreement for Project 905R (Long Acres /Lebanon Hills Regional Park — Storm Sewer Improvements) G. It was recommended to award Contract 12 -02, City -Wide Street Overlay Improvements tj City Council Meeting Minutes April 17, 2012 2 page H. It was recommended to approve Clean Water Partnership Grant Agreement with Minnesota Pollution Control Agency (Neighborhood Lakes Management Plan) & Authorize Consultant to prepare plans I. It was recommended to approve MnWARN Mutual Aid Agreement (Mn Water /Wastewater Agency Response Network) J. It was recommended to approve Change Order No. 5 for Contract 09 -18 (Duckwood Drive Overpass — Bridge Improvement) K. It was recommended to approve Dakota County Service Agreement for One -Stop Permit System (Right -of -Way Permitting) L. It was recommended to award bid for Contract 12 -08 Conduit/Fiber Installation, Alternates and Service Agreement and direct the City Attorney's Office to prepare the necessary contract M. It was recommended to approve Final Subdivision and Final Planned Development for Stonehaven 3rd Addition N. It was recommended to approve additional house plans for Stonehaven development O. It was recommended to approve Resolution to accept donations from Genisys Credit Union and Minnesota Pork P. It was recommended to approve Resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant and authorize the necessary budget adjustment Q. It was recommended to approve Resolution to proclaim May 20 as Arbor Day and the month of May 2012 as Arbor Month in the City of Eagan R. It was recommended to approve Resolution to temporarily extend the licensed premise of Cuz, Inc. DBA LaFonda de los Lobos located at 3365 Sibley Memorial Highway S. It was recommended to approve Exempt Permit for Pinewood Community School Parent Teacher Organization to hold a raffle May 18, 2012 APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Hedges introduced the item, noting that 14 of 15 advisory commission applicants were interviewed by the City Council on April 10, 2012. The City Council voted via individual ballots on their 2012 advisory commission appointments. The City Council appointed the following persons to serve on advisory commissions: Advisory Planning Commission 1. Peter Dugan 2. Thomas Heaney 3. Daniel Piper Advisory Parks and Recreation Commission 1. Michael Palmer 2. Ray Hobot Airport Relations Commission 1. Chad Stambaugh 2. Carol Wisnant 3. Scott Johnson Energy and Environment Advisory Commission 1. Tim Harder 2. Michael Wisniewski 3. Amir Nadav 4. Jon Drucker Gun Club Lake Watershed Management Organization 1. Wayne Sames (alternate) 10: City Council Meeting Minutes April 17, 2012 3 page Councilmember Fields moved, Councilmember Bakken seconded a motion to ratify the appointment of members to the City Council's Advisory Commissions and Gun Club Lake WMO with terms beginning in May 2012. Aye: 5 Nay: 0 PUBLIC HEARINGS DRAINAGE & UTILITY EASEMENT VACATION — OAKWOOD HEIGHTS TOWNHOMES City Administrator Hedges introduced the item regarding a drainage and utility easement vacation at the Oakwood Heights Townhomes and mentioned that staff is recommending that this item be continued to the May 15 agenda to allow the applicant more time to address the legal description and encroachment concerns raised by the Dakota Electric Association. Mayor Maguire opened the public hearing. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the public hearing for consideration to vacate public drainage and utility easements within Lot 1, Block 1, Oakwood Heights 3rd Addition to the May 15, 2012 City Council meeting. Aye: 5 Nay: 0 VARIANCE — GREGORY STEWART / HOMEOWNER 901 OAKWOOD HEIGHTS CIRCLE VARIANCE — NEIL HETHERINGTON / HOMEOWNER 903 OAKWOOD HEIGHTS CIRCLE City Administrator Hedges introduced the next two items regarding a variance application of 25 feet to the required 30 foot setback for a deck located at 901 Oakwood Heights Circle and a variance application of 8.7 feet to the required 30 foot setback for a deck located at 903 Oakwood Heights Circle. He also mentioned that the applicants would similarly like to have these items continued to the May 15 agenda as well to allow them to address encroachment concerns raised by the Dakota Electric Association. Mayor Maguire opened the public hearings. Both applicants were present and confirmed their request to have these items continued. Councilmember Bakken moved, Councilmember Tilley seconded a motion to continue the public hearings for the variance application of 25 feet to the required 30 foot setback for a deck located at 901 Oakwood Heights Circle and the variance application of 8.7 feet to the required 30 foot setback for a deck located at 903 Oakwood Heights Circle to the May 15, 2012 City Council meeting. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY PLANNED DEVELOPMENT, AND A FINAL PLAT — EAGAN CAR CLUB / KURT MANLEY City Administrator Hedges introduced the item regarding a rezoning for approximately 6 acres from NB, Neighborhood Business to PD, Planned Development and A Preliminary Planned Development of approximately 6 acres to allow 76 vehicle storage units and a club house and a Final Plat of approximately 6 acres to create one lot located just North of Valley Black Top. City Planner Ridley gave a staff report. Kurt Manley, applicant, stated he was available for questions. Bill Rudnicki, 4121 Countryview Drive, asked if there would be any improvements made to Highway 3 as part of this proposal and also commented that there appeared to be adequate screening associated with the proposed development. City Council Meeting Minutes April 17, 2012 4 page City Planner Ridley stated that construction of a right -turn lane is required by MnDOT for access to the site from southbound Highway 3. The City Council discussed the application. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from Neighborhood Business (NB) to Planned Development (PD) for six acres located west of Highway 3 and north of Diffley Road. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development to allow seven buildings with a total of 76 — 24' x 48' storage units (garages) and a club house, subject to the following conditions: Aye: 5 Nay: 0 A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to issuance of a building permit. Proof of recording shall be provided to the City. The following plans are required for the Agreement: • Site Plan • Building Elevations • Landscape Plan • Tree Mitigation Plan • Lighting Plan Any prospective add -on uses for the club house i.e. accessory product sales and/or service for the storage users shall be identified, reviewed and approved by the City. No unit owner residences or businesses shall be allowed; this shall also be a covenant restriction. No repair work shall occur between 10 PM and 7 AM. A property manager shall be identified and contact information for same shall be provided to the City. Refuse /recycling collection areas shall be identified on the Site Plan. Association documents shall be prepared and submitted for review and approval by the City Attorney and these documents shall be recorded against the property prior to any Building Permit issuance. The interior - facing fagade elevations are allowed with a prefinished metal primary surface. The following building fagades shall meet the City Code standard for materials and percentage breakdown: Building A: North, south and east Building B: North, south and east Building C: North Building D: North and west Building E: West and east Building F: West, east and south Building G: North, south and east 10. If the proposed parapets do not adequately screen the mechanical equipment, the developer shall provide an alternative screening mechanism. 11. The applicant shall execute the temporary access /construction easement prepared by the City Attorney for a mutually agreed upon portion of Captain Dodd Park. The Developer and the City shall also agree on the parameters for the use of the easement and restoration of same. 12. The applicant shall obtain a temporary easement from the property owner at 4135 South Robert Trail prior to issuance of the Building Permit. If the applicant is not able to obtain this easement, grading shall be contained entirely within the Eagan Car Club property. 13. The designer of the erosion/sediment control plan required under the MPCA permit shall be certified through a state erosion/sediment control design training course, such as offered by the Minnesota Department of Transportation, or a City- approved equal erosion/sediment control design_training course. 14. The underground stormwater infiltration systems shall be designed in accordance with City code, state water quality and engineering standards, and based on the available infiltration rates of the on -site soils. 15. The applicant shall be responsible for annual inspection and maintenance of the stormwater features and for providing the City documentation of these activities. 16. The developer shall be responsible to maintain the underground stormwater infiltration systems in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. 10 City Council Meeting Minutes April 17, 2012 5 page 17. The developer shall extend sanitary sewer and water main to the south edge of the development, at an adequate depth to serve the property to the south (4135 South Robert Trail) in accordance with City engineering standards. 18. This developer shall meet all conditions of plat approval and permit approval as required by MnDOT, including constructing a right -turn lane for south bound Highway 3. 19. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of sixty -four (64) Category A trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 20. The Developer shall install tree mitigation trees within the temporary easement and in proximity to the conservation easement area as approved by the City. All tree plantings in these areas shall be field verified by City Forestry staff before installation. 21. The developer shall be responsible for replacement of dead or dying material for the first year. 22. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 23. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the Grading Permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 24. Park Dedication shall be met through the creation of a Conservation Easement over the undeveloped portion in the northwest quadrant of the site. The developer and City shall agree on the easement area, the developer shall prepare the legal description of the area and the City Attorney shall prepare the easement document. 25. Trail dedication shall be met via a cash dedication. 26. The City shall grant a temporary access /grading easement to the developer over a mutually agreed upon portion of Captain Dodd Park. The developer and the City shall agree upon parameters for the use of the easement and restoration. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Final Plat creating one six acre lot located west of Highway 3 and north of Diffley Road. Aye: 5 Nay: 0 SEWER SERVICE CLAIM, 4321 STIRRUP ST. City Administrator Hedges introduced the item, reviewing the recommendation of the Public Works Committee. Public Works Director Colbert gave a staff report. Councilmember Bakken commented on the discussion of the Public Works Committee. The City Council discussed the claim. Gary Foster, representing the homeowners, addressed the City Council. Donald Bliss, 4321 Stirrup Street, addressed the City Council. The City Council further discussed the claim and staff responded to the homeowner's question. The City Attorney read the League of Minnesota Cities Insurance Trust's findings against the claim. Councilmember Bakken moved, Councilmember Fields seconded a motion to accept the report of the Public Works Committee and to direct that an offer be made to the claimants of $4,117.00, as part of the City's I &I program, the offer to be prepared and finalized by the City Attorney's office to include a release of all claims against the City. Aye: 5 Nay: 0 NEW BUSINESS There were no items for discussion. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. City Council Meeting Minutes April 17, 2012 6 page There were no items for discussion. There were no visitors to be heard. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:17 p.m. Aye: 5 Nay:0 Date Mayor Clerk iz Agenda Information Memo May 1, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve hiring of the Fire Administrative Assistant position in the Fire Department "to be named ". FACTS: • The City Council previously approved to fill this position on March 20, 2012. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Andy Koppang Parks & Rec Ballfield Attendant Concession Jule Andersen Parks & Rec Worker Concession Mitchell Marella Parks & Rec Worker Garrett Dimond Parks & Rec Landscape Crew Derek Moulton Parks & Rec Landscape Crew Charlie Williams Parks & Rec Landscape Crew David Griffin Parks & Rec Park Laborer Ray Vogtman Parks & Rec Tree Inspector INFORMATIVE& IT Specialist named: Ronald Waara • City Council approved hiring for this position on April 17, 2012. Executive Assistant named: Cheryl Stevenson • City Council approved hiring for this position on April 17, 2012. r� Agenda Information Memo May 1, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 13, 2012 and April 24, 2012 as presented. ATTACHMENTS: Check registers dated April 13, 2012 and April 24, 2012 are enclosed without page number. 4 Agenda Memo May 1, 2012 Regular City Council Meeting CONSENT AGENDA: D. APPROVE a resolution to accept donations to the Fire Department from Alerus Financial and Eagan Rotary. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $100 from Alerus Financial and a cash donation from the Eagan Rotary Club of $239 for rescue equipment and to authorize the necessary budget adjustments. FACTS: • Alerus Financial recently sent the fire department a $100 cash donation from their "Build a Community" program. • Each year the Eagan Rotary presents the "Outstanding Public Safety Award" to a member of the Eagan Fire Department and a member of the Eagan Police Department in recognition of their service to the community. • The year's award was presented at the Rotary club's April 11th meeting to Firefighter Lisa Karel. • Along with the award, the Rotary Club donated $239.00 to the fire department. • By approving these donations the 2012 Fire Department Equipment budget would receive a corresponding budget adjustment reflecting the cash donations: I. $339 to budget 1225.6222 • A thank you letter will be sent to both groups from the fire department. ATTACHMENTS: Resolution attached on page 16 15 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 1 st, 2012, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Alerus Financial has offered to donate $100 and Eagan Rotary has offered to donate $239 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks both parties for the gracious and generous donation. ADOPTED this May 1 st day of May, 2012 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo May 1, 2012, Eagan City Council Meeting E. Resolution to accept a donation from the Eagan Rotary Club ACTION TO BE CONSIDERED: To approve a resolution to accept a donation of $239 from the Eagan Rotary Club. FACTS: • Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. • This year's award was presented at the Rotary Club's weekly meeting on April 11th to Detective Lori Tripp. • As part of this year's recognition, the Rotary Club has donated $239.00 with the request that the funds be spent on public safety related equipment. ATTACHMENTS: Resolution on page 'U 17 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Rotary WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Rotary Club has presented the Police Department with a donation in the amount of $239 in recognition of the efforts of Detective Lori Tripp. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Rotary Club for the generous donation. ADOPTED this 1St day of May, 2012. Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Memo May 1, 2012 City Council Meeting F. APPROVE an internal transfer of $5,900 to implement a Composting/Organies Pilot Program at the Eagan Community Center. ACTION TO BE CONSIDERED: To approve an internal transfer of $5,900 to implement a Composting/Organics Pilot Program at the Eagan Community Center. FACTS: • In April 2011 the City of Eagan supported a proposal prepared by the Minnesota Technical Assistance Program (MnTAP) for a food source waste reduction program. • MnTAP was successful in receiving a $38,848 grant from the Environmental Protection Agency (EPA) to commence a waste sort and study in a select number of event/banquet facilities in Dakota County. The Eagan Community Center was chosen to participate. • In December 2011 the MnTAP staff did a week long waste sort at ECC and concluded that this building would be a good candidate for a pilot program that focuses on organic waste reduction and alternate disposal opportunities in this building. • This initiative fits well into the City Council's 2011 -12 environmental goal and the GreenStep City goals to reduce waste. • The Energy and Environment Commission learned about the waste sort at their December 11 meeting and showed a strong interest in hearing the results of the sort. • At their April 2012 meeting MnTAP representatives presented a report of findings and concluded that the ECC could benefit from a pilot program if they were interested in participating. • The EEAC took action at their April 2012 meeting to recommend that a portion of the carryover funds from Dakota County solid waste /recycling grant dollars ($5,900) be used to implement the pilot program at ECC. • The EEAC also suggested that staff and MnTAP look at opportunities to roll Market Fest into the organics pilot program if feasible. After much discussion it has been determined that if the $5,900 funds are made available for this project it would include the following: • Organics waste recycling within ECC to include the catering kitchen, concessions and common areas of the building. • Waste would be placed in compostable garbage bags and separated for pick up. • Purchase and use compostable cups and silverware in the concessions area of ECC. • Incorporate Market Fest into pilot from early July — September. ■ Containers and compostable bags will be provided by Dakota Valley Recycling so that organic waste from visitors can be separated and the vendors at the end of the night can also dispose of their organic waste. • Should the Council approve this expenditure of funds for this pilot project, staff will coordinate with Finance to ensure the correct coding is used to reflect the expenditure ATTACHMENTS: • None 19 Agenda Information Memo May 1, 2012 Eagan City Council Meeting H. CONTRACT 12 -10, CITYWIDE STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 12 -10 (Citywide Storm Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 31, 2012. FACTS: • Contract 12 -10 provides for the storm sewer improvements in the areas of: o Trapp Farm Park (Project 1036) • Beacon Hill Road (Project 1083) • Comanche Road (Project 1087) • Pond BP -35.1/ Jade Lane (City Project 1094) as outlined in the respective studies for each project or the City's 5 -Year Capital Improvement Program. • On August 3, 2009, the City Council authorized the preparation of plans and specifications for Contract 09 -07 (Phase II Implementation of 2007 Stormwater Management Plan — City- Wide Storm Sewer Improvements). The storm drainage system improvements were identified for areas of the City where analysis indicated flooding of structures could occur under July 2000 Storm conditions. The improvements for Pond BP -35.1 (City Project 1094) were included as an alternate that was not awarded as part of the contract due to the lack of the necessary easement. City staff and the property owner have agreed to a revised design and the necessary easement has been provided. • On November 4, 2010, the City Council awarded Contract 10 -21 (Trapp Farm Park Infiltration Basin and Sediment Removal — Water Quality Improvements), which included storm sewer improvements within Trapp Farm Park (Project 1036). On November 15, 2011, the improvements were accepted as complete and final payment was authorized to the contractor. Since the completion, erosion of the newly constructed basins has been ongoing due to a constant surfacing of upstream underground drainage. City staff believe the source of the drainage is related to the substandard construction of a portion of the upstream storm sewer, which would be replaced under this contract. • On January 17, 2012, the City Council approved Project 1087 (City-Wide Inflow and Infiltration Mitigation — Sanitary Sewer Improvements) and authorized the preparation of detailed final plans and specifications. While most of the improvements addressed enhancements to sanitary sewer structures, the needed improvements along Comanche Road mainly address the discharge of the existing storm sewer and its affect upon the nearby sanitary sewer system. • On March 20, 2012, the City Council held a public hearing for Project 1083 (Beacon Hill Road — Storm Sewer Improvements). After testimony from two affected property owners, the Council approved the project and authorized preparation of detailed plans and specifications for the drainage improvements within the 2012 construction season. City staff and the consultant have designed the plans cooperatively with the affected residents. The residents are in support of the proposed improvements. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City's consulting engineers, Stantec and SEH Inc., and are being presented to the City Council for their approval and authorization for the advertisement of bids. ZG Agenda Information Memo May 1, 2012 Eagan City Council Meeting H. CONTRACT 12 -10, CITYWIDE STORM SEWER IMPROVEMENTS (continued) • Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low -bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and performance. • BVC uses the relationship between performance and price to achieve the best overall value and lowest long -term cost for government construction projects. • On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method for the procurement system of public improvement projects for the City. • The BVC method of procurement has been successfully used for numerous previous street & utility improvement contracts since 2008. • The BVC method of procurement will be used for this contract, and will be advertised in the solicitation of these bids. All bids will be evaluated in an open and competitive manner. 2.1 Agenda Information Memo May 1, 2012 Eagan City Council Meeting CONSENT AGENDA: J. ORDINANCE AMENDMENT - WATER METER ACCESSIBILITY ACTION TO BE CONSIDERED: Direct the City Attorney to prepare an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service for further consideration to allow the levy of a financial surcharge when access to City Water Meters is restricted. FACTS: • Municipalities use water meters installed on the internal plumbing system of private property to record the volume of City water used. These meters are the basis for establishing sewer and water Utility Bills which generate the required revenue to finance the Municipal Utility System. They are also the basis for the required annual reporting of ground water appropriations to various state agencies. • These water meters have a limited life cycle and must be replaced periodically to insure their continued accuracy to minimize lost revenue and proper environmental accounting. • Although the current City Ordinance provides the legal right for authorized City personnel to enter the private property to repair /replace city meters, it is not practical to resort to a drawn out legal process to enforce this right. • The City recently amended Ordinance 3.40 relating to Sanitary Sewer Service for the Inflow & Infiltration (I &I) Program that provides for the establishment and levy of a surcharge if the property owner does not provide reasonable access by the City to inspect for possible I &I connections. This surcharge has been very effective is obtaining cooperation that otherwise would require legal action to gain the needed access. • A similar Ordinance Amendment to Section 3.20 for the Water Service would provide continuity and equity in the enforcement process for securing access to private property for maintaining both our Water and Sewer systems. • The City Council first addressed this issue at the April 17 Council Listening Session. They subsequently agreed to consider directing the City Attorney at the May 1 Council meeting to prepare the appropriate Ordinance Amendment for formal consideration on a future Council agenda. 22 Agenda Information Memo May 1, 2012, Eagan City Council Meeting K. PRELIMINARY PLANNED DEVELOPMENT EXTENSION — EAGAN HEIGHTS, LLC ACTION TO BE CONSIDERED: To approve a 5 -year extension of the term of the Preliminary Planned Development Agreement for Boulder Lakes Business Park, located north of Lone Oak Road at Ames Crossing Road. REQUIRED VOTE FOR APPROVAL: At least 3 votes. FACTS: ➢ Boulder Lakes Business Park (initially called Lone Oak Business Campus) received Preliminary Planned Development approval on November 9, 2006 for a term of 5 years. ➢ The Preliminary Planned Development expired November 9, 2011. ➢ Site grading and installation of streets and utilities was completed in the first phase and one of the seven buildings has been constructed. ➢ Extending the term of the Preliminary PD Agreement will allow the developer more time to secure additional prospects for the development and to build out the business park while retaining continuity with the overall plan as intended. ➢ A 5 -year extension of the term to November 9, 2016 is proposed. ISSUES: ➢ None 60 -DAY AGENCY ACTION DEADLINE: June 12, 2012 ATTACHMENTS: (2) Location Map, page 2-4 5 Letter from applicant, pages 2 through 23 Lo c at' ®n Map Eagan Boundary Right -of -way � Parcel Area Park Area Building Footprint MEPdDOTA HEIGHTS .,.° O —Y Q a W, W ° o e EM o ul- _ n s Subject Site Q o 04 "i 3 ® O F7 tgTe:RU04K Hwy. .p o % o :@ e 9 ° ° o. ® ET RUNkH H� aJ 10 a 1000 0 1000 2000 Feet Cityof Eap Map Prepared using ERSI ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of April 2005. /► L/ N W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are TS S Community Development Department not responsible for errors or omissions. Interstate Partners uc 500 Jackson Street J Suite 200 •) St. Paul, MN 55101 J Tel: 651.406.8050 J Fax: 651.406.8628 ) interstatepartners.com R V D APR 13 2012 April 13, 2012 Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Boulder Lakes Business Park Dear Mike: Please consider this as our formal request to extend the term of the Preliminary Planned Development Agreement dated November 9, 2006 for an additional five (5) years from its current expiration date of November 9, 2011 to November 9, 2016. The reason for this request is that the economic conditions of the past five years has curtailed our activity; thereby requiring additional time to develop the Park as planned. As you know, we have successfully constructed Boulder Lakes III and are actively in the process of negotiating for the development of Boulder Lakes V. If successful, we will be constructing that building in 2013, leaving four remaining sites. We anticipate being able to complete the development of these four sites by the end of the extended term being requested herein. We appreciate your consideration regarding these matters and, as always, will be happy to address any questions or concerns you have with regards to our request as contained herein. 2-5 Sincerely, Eagan Heigh s LLC By:' &�qpox Its: _&Lit AJC By: Its:i1s ��1( Agenda Information Memo May 1, 2012, Eagan City Council Meeting L. APPROVE EXEMPT PERMIT FOR 360 COMMUNITIES TO HOLD A RAFFLE ON MAY 5, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for 360 Communities to conduct a raffle on May 5, 2012 at LaFonda de los Lobos, 3665 Sibley Memorial Highway. FACTS: ➢ 360 Communities has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page . (The application is available from the Office of the City Clerk.) 2i RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT 360 COMMUNITIES WHERAS, 360 Communities on has applied for an Exempt Permit to conduct a raffle on May 5, 2012; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for 360 Communities to conduct a raffle on May 5, 2012 at 3665 Sibley Memorial Highway in Eagan. Motion by: Seconded by: Those in favor: Those against: Date: May 1, 2012 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1St day of May, 2012. City Clerk MIM Agenda Information Memo May 1, 2012, Eagan City Council Meeting PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: ➢ The City Code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the April 3, 2012 City Council meeting, a public hearing was scheduled for the May 1, 2012 City Council meeting. ➢ The City currently has approximately 964 utility bill accounts with delinquent balances. The assessable amount of these accounts is $216,205.75. These items are in order for certification to the County. If certified another 3.5% interest is added. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ 129 utility accounts due for certification have had a sheriff's sale since January 1, 2007 or 13.3 %. 17 accounts had sheriffs sales in 2007, 11 accounts had sheriffs sales in 2008, 15 accounts had sheriff s sales in 2009, 18 accounts had sheriff s sales in 2010, 46 accounts had sheriff s sales in 2011 and in 2012 there have been 22 sheriffs sales to date. ATTACHMENTS (1): Delinquent account list; pages J,-� through 29 Pages 30 through 50 have been revised. The following pages have been updated to reflect further prepayments and an updated balance. Account # Service Address Certification Balance 0024712713 1366 BERRY RIDGE RD 92.04 0036201408 1485 LONE OAK RD 38.33 0012504403 1526 CLEMSON DR 158.50 0025209701 1610 BLACKHAWK LAKE PL 273.03 0012815403 4752 FLORA DR 49.78 0012111704 4563 HORIZON CIR 217.01 0025714700 4131 OAKBROOKE CURVE 167.28 0025719501 4177 OLD SIBLEY MEM HWY 75.91 0012508602 15646 BAYLOR CT 171.04 0025011800 3812 WILLOW WAY 40.28 0024210502 1504 WOODVIEW AVE W 154.35 0012014205 2048 KINGS RD 291.89 0025007105 3837 HEATHER DR 223.36 0012227708 820 CORNWALLIS CT 186.43 0025729906 2108 CEDAR GROVE TR 118.41 0012813705 4684 LENORE LANE 131.15 0036116705 1624 DONALD CT 132.02 0024403008 3434 WASHINGTON DR 4,064.32 0010905107 1346 EASTER LANE 233.29 0024407504 1300 DEERWOOD DR 187.26 0023406721 2113 WUTHERING HEIGHTS RD 346.74 0013152509 554 HAWTHORNE WOODS DR 284.54 0011622834 590 GREENLEAF DR S 212.52 0024333809 3866 DENMARK AVE 213.55 0036816601 697 HAVENHILL RD 485.13 0013216304 1896 RIDGECREST CIR 68.24 0037708005 1043 BRIAR CREEK RD 397.03 0036107100 3298 DONALD AVE 195.49 0011507506 4365 CAPRICORN CT 60.25 0010309201 4265 SANDSTONE DR 142.87 0012907200 1843 WALNUT LANE 442.47 0024216608 3422 HIGHLANDER DR 127.20 0025616202 4165 CASHELL GLEN 170.59 0024005209 1756 FLAMINGO DR 406.17 0023501703 1921 JADE LANE 199.10 0013196803 4926 RUSTEN RD 31.87 0036502409 2977 LEXINGTON AVE S 96.68 0010910909 1219 BALSAM TR E 307.65 0013107305 2035 SAFARI HEIGHTS TR 197.06 0038261509 928 TRAIL CT 50.00 0013002100 4618 PARKRIDGE DR 347.08 0024003105 1716 FLAMINGO DR 53.33 0013201009 1862 CLIFF LAKE CT 78.08 0010309508 4247 SANDSTONE DR 157.55 0036313203 2804 VILAS LANE 144.48 Account # Service Address Certification Balance 0012838702 1933 BERKSHIRE DR 130.65 0036822203 721 BRADFORD CIR 270.17 0013234109 4628 PINETREE CURVE 544.03 0011715208 1968 SHALE LANE 84.46 0024316606 1203 TIMBERSHORE LANE 172.89 0013196407 4942 RUSTEN RD 565.43 0012239208 4483 WHITETAIL WAY 432.16 0010303303 4253 JASPER DR 302.22 0023510902 3979 MICATR 234.64 0012205209 670 ATLANTIC HILL DR 303.42 0011309101 1258 DUNBERRY LANE 98.55 0024331100 1320 DEERCLIFF LANE 180.23 0012236006 4460 LYNX CT 419.32 0012007308 2041 PIN OAK DR 220.63 0037617107 3906 CANTER GLEN DR 270.52 0012301404 4679 RIDGE CLIFFE DR 44.77 0011118106 1659 WOODGATE LANE 407.71 0024205502 3483 GREENWOOD CT S 122.29 0012245809 4207 YORKTOWN DR 771.86 0025110008 3575 COACHMAN RD 157.79 0038230603 500 TYNE LANE 267.18 0024335903 3822 DEERCLIFF CT 201.46 0011010402 1797 WALNUT LANE 318.76 0036406106 3202 JURDY CT S 237.05 0036233203 1611 SKYLINE PATH 377.52 0011724309 1892 SUNRISE CT 177.27 0036803401 3816 FAIRHAVEN RD 286.00 0012611828 4597 SLATER RD 111.44 0012430104 4336 LEX POINTE PKWY 230.08 0010903805 1347 SIGFRID ST E 178.59 0013101308 584 HACKMORE DR 383.42 0025718909 1827 JOURDAN CT 313.41 0013243803 2268 WALL ST 550.81 0036912202 3770 WINDTREE DR 519.82 0012837803 4736 BERKSHIRE WAY 157.37 0036405306 1380 J U RDY RD 77.51 0011004801 1725 HICKORY HILL 693.41 0012631602 4469 CINNAMON RIDGE CIR 380.88 0037611001 757 MILL RUN CIR 231.71 0024440000 1327 WIN DCR EST AVE 111.59 0012603106 2099 CLIFFVIEW DR 219.78 0011005204 1721 HICKORY HILL 777.74 0012610200 4535 SCOTT TR 142.85 0012110409 4595 HORIZON CIR 80.52 0013018908 4650 PARKRIDGE CT 217.39 0012319703 4602 RIDGE CLIFFE DR 204.95 Account # Service Address Certification Balance 0013286109 1178 LEXINGTON RIDGE CT 63.69 0012122107 4458 WEDGWOOD DR 241.20 0024308603 3660 DENMARK AVE 116.70 0025663907 3740 BURGUNDY DR 74.21 0024514903 3805 W ESTB U RY LANE 276.41 0023901408 1830 KATHRYN CIR 172.34 0036204709 2860 SIBLEY HILLS DR 130.77 0036204600 2870 SIBLEY HILLS DR 92.99 0036230506 1590 STEPHANIE CIR 147.92 0024212201 1491 WOODVIEW AVE E 122.68 0011002607 1702 HICKORY HILL 157.02 0013261102 1607 SUMMIT HILL 125.95 0023906209 4072 CINNABAR DR 128.97 0024005100 1754 FLAMINGO DR 107.11 0025681008 1632 JOHNNY CAKE RIDGE WA 112.12 0012223301 4279 VALLEY FORGE PL 263.94 0023913007 4001 BLACKHAWK RD 203.05 0023808801 1839 CARNELIAN LANE 237.99 0025005703 3860 DOLOMITE DR 58.31 0037705100 1060 TICONDEROGA TR 167.26 0036605905 3318 WREN LANE 100.26 0037010303 3670 BLUE JAY WAY 405.99 0012228201 4291 AUGUSTA LANE 209.93 0036513208 1052 KEEFE ST 84.08 0036302305 1473 HIGHVIEW AVE 310.89 0010505808 1662 HICKORY LANE 92.03 0037401700 4037 NORTHVIEW TER 386.15 0023412109 3710 BLACKHAWK RD 146.21 0038243200 511 WAVENEY CT 238.07 0012107801 1123 KIRKWOOD DR 87.78 0012836102 1926 COVINGTON LANE 247.37 0036905701 710 BRENTWOOD LANE 234.65 0023209505 2085 JADE LANE 131.96 0012304101 4653 PENKWE WAY 62.59 0038302808 826 BALD LAKE CT 193.79 0036512101 1061 KEEFEST 261.62 0023801806 4001 PUMICE LANE 357.37 0012714002 1801 COVINGTON LANE 801.76 0010300200 4266 AMBER DR 191.42 0023901937 1815 DIFFLEY RD 375.03 0010210201 2125 MARBLE LANE 234.24 0024320400 1265 TIMBERSHORE LANE 125.16 0025206806 3712 BLACKHAWK LAKE CT 869.47 0038305702 935 WILD ROSE CT 135.99 0036901700 3709 SOUTH HILLS LANE 89.36 0012201307 773 HACKMORE DR 110.52 0 Account # Service Address Certification Balance 0011721206 4294 BEAVER DAM RD 321.45 0012233805 776 SUNSET DR 249.85 0013167309 4701 STRATFORD LANE 284.00 0010210607 4251 DIAMOND DR 115.90 0025013004 3807 HEATHER DR 273.33 0012818407 4702 GRENADA PT 136.33 0036607901 3220 RANDOM RD 220.24 0012012308 2054 VIENNA LANE 99.41 0038204608 611 EDEN CIR 132.76 0010711109 1290 CARLSON LAKE LANE 126.39 0037714607 964 SAVANNAH RD 54.14 0012224200 4289 TRENTON TR 214.86 0025715608 4113 OAKBROOKE CURVE 98.98 0012003208 4844 SAFARI CT N 671.93 0013131909 612 MCFADDENS TR 61.76 0012823407 1914 COVINGTON LANE 125.07 0038217402 731 CAMBERWELL DR 196.98 0013183207 4225 DANIEL DR 974.93 0023106800 4129 DIAMOND DR 38.47 0025703901 1570 OAKBROOKE TER 521.78 0038288908 894 OAK CT 147.08 0012575601 1606 MALLARD DR 302.12 0010514701 1675 HICKORY HILL 291.36 0024809600 3696 WIDGEON WAY 300.60 0012221701 4292 TRENTON TR 232.77 0010501500 1632 WALNUT LANE 229.01 0013242102 4649 ASPEN RIDGE CIR 26.68 0011100401 4440 WOODGATE CT 129.53 0025202300 1438 BLACKHAWK LAKE DR 79.34 0036917003 3633 WINDTREE DR 260.84 0037617206 3902 CANTER GLEN DR 89.07 0012828208 4744 RIDGE WIND TR 166.59 0025745407 4008 CEDAR GROVE LANE 189.13 0011106606 4462 WOODGATE PT 124.39 0023900509 1833 KATHRYN CIR 1,080.14 0023304603 2069 BLUESTONE DR E 206.79 0036147502 3130B FARNUM DR 107.71 0013150503 570 HAWTHORNE WOODS DR 121.87 0024337305 1320 DRESDEN CT 200.17 0036120509 3146B FARNUM DR 253.80 0012630505 4437 CINNAMON RIDGE CIR 91.87 0023306509 2030 BLUESTONE LANE 78.21 0038305603 3494 WOLFBERRY CT 153.45 0013288303 645 WOODLAND WAY 80.00 0023918105 4150 MEADOWLARK WAY 134.54 0012803706 1740 KARIS WAY 79.69 Account # Service Address Certification Balance 0024309205 1280 TIMBERSHORE LANE 40.57 0012712808 1846 KARIS WAY 144.88 0036232007 1550 SKYLINE CT 156.35 0013153101 530 HAWTHORNE WOODS DR 254.45 0036107605 3318 DONALD AVE 223.48 0012604807 2144 CLIFFVIEW DR 145.12 0037817509 983 STONY POINT RD 161.49 0012205001 745 GOLDEN MEADOW RD 198.25 0013144506 969 CONEFLOWER CT 294.97 0037502705 616 AUTUMN OAKS CT 95.29 0024450504 3899 DENMARK AVE 144.67 0012606901 2094 CLIFFHILL LANE 297.90 0012022901 1964 SAFARI TR 178.78 0024324501 3757 DENMARK TRW 299.83 0024714305 1348 CHATTERTON CT 168.59 0010704500 1371 CLEOME LANE 190.24 0037717709 1059 SAVANNAH RD 113.67 0025010307 3840 HEATHER DR 85.00 0013004403 4844 ERIKS BLVD 96.26 0012608808 4550 SCOTT TR 239.22 0089908270 3627 SPRINGWOOD CT 285.15 0023302805 2090 CARNELIAN LANE 1,001.66 0038257903 3551 WOODLAND TR 382.63 0023909807 1798 TACONITE TR 311.35 0012504601 1520B CLEMSON DR 302.85 0036503704 2836 LEXINGTON AVE S 152.55 0024102006 1745 COCHRANE AVE 110.46 0025730904 2128 CEDAR GROVE TR 111.86 0013193909 2207 MARILYN AVE 297.82 0023511207 3961 MICA TR 137.75 0012626305 4446 SLATER RD 74.41 0023304900 2057 BLUESTONE LANE 233.75 0025310988 1446 ROCKY LANE 187.50 0012809307 4671 SORREL PT 150.24 0023416605 1785 CRESTRIDGE LANE 216.97 0036205714 1530 LONE OAK RD 87.01 0012303707 4648 RIDGE CLIFFE DR 67.57 0036917409 3645 WINDTREE DR 50.00 0023909609 1806 TACONITE TR 307.49 0036512606 1076 KEEFE ST 80.16 0010402501 4354 JASPER DR 256.43 0011721305 4292 BEAVER DAM RD 317.56 0023100506 4152 NICOLS RD 159.24 0023210107 2106 JADE LANE 207.59 0011723608 1885 SUNRISE CT 110.82 0037800406 989 TICONDEROGA TR 109.20 A Account # Service Address Certification Balance 0036404705 3165 JURDY CT N 136.72 0012838306 4717 BERKSHIRE CT 161.56 0011719804 4297 SUNRISE RD 165.81 0038268801 822 BEAR PAW TR 1,089.72 0010207603 4259 AMBER CT 61.23 0012035408 2065 ROYALE DR 289.90 0010906808 1314 EASTER LANE 131.51 0036406015 3206 JURDY CT S 247.98 0012311809 4623 PENKWE WAY 126.09 0012833406 4778 GALAXIE AVE 119.49 0024327702 3811 WINDCREST CT 62.03 0023912603 1766 GABBRO TR 211.22 0024336208 3809 DEERCLIFF CT 83.60 0012113809 1135 TIFFANY DR 135.03 0012535308 1614 CLEMSON DR 66.90 0025716101 4130 OAKBROOKE CURVE 246.09 0011806007 4635 KINGSBURY DR 333.55 0011708203 1972 TIMBER WOLF TR S 215.27 0012232807 774 YORKTOWN PL 247.26 0024901605 1311 CRESTRIDGE LANE 286.05 0012228300 4285 AUGUSTA LANE 217.92 0036142404 3231 EVERGREEN DR 63.16 0011741709 1864 DEER HILLS TR 148.67 0011515301 4213 JUNIPER PT 87.71 0025666207 3465 DENMARK AVE 334.58 0010511202 1650 HICKORY HILL 118.30 0012107504 1120 GABBERT CIR 200.27 0013188404 658 WATERVIEW COVE 276.29 0024314205 1165 TIMBERSHORE LANE 95.27 0010915809 1236 CARLSON LAKE LANE 392.66 0013000609 4619 PARKRIDGE DR 140.96 0024000705 3786 RED ROBIN LANE 347.36 0011701604 1989 BADGER CT 177.08 0023607609 1778 TURQUOISE TR 108.60 0025648205 3709 BLACKHAWK RD 38.51 0036605301 3320 ROLL LANE 263.24 0012822607 4723 NARVIK DR 155.54 0013187802 639 WATERVIEW COVE 357.49 0036504306 1037 KENNETH ST 86.59 0023710601 3820 COUNTRY CREEK WAY 151.01 0012906301 4489B CLOVER LANE 106.85 0013179908 953 TRILLIUM CT 466.28 0024316903 1209 TIMBERSHORE LANE 108.53 0037200805 3786 GREENSBORO CT 175.17 0012004602 4860 SAFARI PASS 691.39 0011200508 4333 MEDARYAVE 163.97 g01K Account # Service Address Certification Balance 0037103306 4127 STATES AVE 194.78 0036723609 3449 ROLLING HILLS DR 175.49 0012121802 1006 WEDGWOOD LANE N 232.80 0024215204 3456 HIGHLANDER DR 68.68 0011502101 4344 ORION LANE 177.75 0025640103 1345 TOWN CENTRE DR 771.70 0012125209 958 WATERFORD DR W 124.03 0036103406 3314 HERITAGE LANE 161.90 0011707502 1971 TIMBER WOLF TR S 935.43 0024517609 3926 WESTBURY TR 194.51 0024335002 3805 DENMARK AVE 255.14 0012708988 1840 NARVIK CT 107.87 0024310708 1238 TIMBERSHORE LANE 67.31 0013159207 4367 BENT TREE LANE 172.40 0036903805 3797 SOUTH HILLS CIR 56.96 0013246707 1517 COVINGTON LANE 405.44 0025719600 4173 OLD SIBLEY MEM HWY 339.95 0037117603 844 NORTHVIEW PARK RD 94.11 0023102304 4084 DIAMOND DR 600.82 0011013604 1765 HICKORY HILL 175.41 0036504900 1061 KENNETH ST 306.01 0038010005 3770 LINDEN LANE 671.58 0012016614 2086 KINGS RD 249.38 0012604005 2110 CLIFFVIEW DR 561.95 0025737503 1716 TERRA GLENN CT 395.31 0010900405 1387 EASTER LANE 33.53 0038276507 810 EAGAN OAKS LANE 318.83 0024318909 1241 TIMBERSHORE LANE 200.74 0025500406 3760 BLACKHAWK RD 366.13 0036300200 1414 SKYLINE RD 224.67 0023502800 1952 CARNELIAN LANE 280.22 0037012101 3613 BLUE JAY WAY 216.78 0010700300 4360 GARDEN TR 249.14 0023700800 3937 TURQUOISE PT 228.48 0037801909 1006 TICONDEROGA TR 247.76 0025205907 1509 BLACKHAWK RIDGE WAY 785.08 0012608303 4534 SCOTT TR 352.72 0015512700 4227 SOUTH ROBERT TR 35,32 0012900106 1838 WALNUT LANE 161.10 0012316709 4654 PENKWE WAY 97.10 0012136701 914 PARK KNOLL DR 90,20 0036408003 1330 TOWERVIEW RD 503.47 0011813201 4773 BEACON HILL RD 94.71 0024830804 1148 BLUE HERON CT 213.34 0011308418 1259 DUNBERRY LANE 97.07 0036300101 1410 SKYLINE RD 206.27 0 Account # Service Address Certification Balance 0023910508 1770 TACONITE TR 257.72 0023810203 1847 PUMICE PT 346.35 0011717006 1874 DEER HILLS TR 185.61 0011717105 1876 DEER HILLS TR 59.60 0011716800 1878 DEER HILLS TR 127.75 0011716602 1882 DEER HILLS TR 122.46 0011743408 1893 DEER HILLS TR 73.27 0011715109 1960 SHALE LANE 285.13 0011704707 1969 TIMBER WOLF TR N 822.07 0010106904 2078 COPPER LANE 132.96 0012017703 2080 KINGS RD 147.71 0010102200 2134 SHALE LANE 209.05 0024601106 3560 WIDGEON WAY 258.67 0037011806 3601 BLUE JAY WAY 66.96 0024904609 3613 CROSSROAD CT 116.82 0024903007 3622 DENMARK AVE 260.13 0025652306 3766 BROWN BEAR TR 178.34 0025013806 3815 HEATHER DR 99.84 0025001306 3834 LAUREL CT 111.52 0025006602 3878 DOLOMITE DR 197.74 0023607302 3948 CINNABAR DR 338.85 0023811615 4064 MAGNETITE PT 104.13 0037106606 4114 PENNSYLVANIA AVE 234.34 0025715301 4119 OAKBROOKE CURVE 360.75 0025725300 4132 RAPTOR RD 39.53 0013100706 4205 SUMAC PT 210.19 0010403905 4242 SANDSTONE DR 113.52 0011716305 4249 BLACKHAWK RD 62.60 0011720000 4301 SUNRISE RD 160.13 0012428108 4317 LEX POINTE PKWY 178.42 0012632907 4418 CINNAMON RIDGE TR 308.94 0012630604 4439 CINNAMON RIDGE CIR 98.50 0012110805 4583 HORIZON CIR 201.88 0012711602 4631 LENORE LANE 126.91 0012809703 4670 TRAVERSE PT 266.41 0011901303 4801 SHEVLIN CT 196.75 0012134904 768 COUGAR DR 112.14 0035509207 940 CHLOE LANE 92.94 0038216503 3630 ELRENE RD 220.08 0037203106 3770 GREENSBORO DR 97.91 0025200908 1482 FEDERAL CT 242.84 0037710902 1057 KETTLE CREEK RD 156.51 0024207508 3466 GREENWOOD CT S 87.53 0011713401 4389 BEAR PATH TR 354.80 0012645305 4813 WHISPERING CT 342.09 0023215502 2034 FLINT LANE 222.04 Account # Service Address Certification Balance 0010208601 4230 DIAMOND DR 382.96 0013221908 538 MAJESTIC OAKS CT 167.85 0023604002 1850 GOLD TR 156.97 0023700206 3901 TURQUOISE PT 154.21 0024212102 1489 WOODVIEW AVE E 225.88 0010400505 2002 DIFFLEY RD 137.76 0037400801 3993 NORTHVIEW TER 213.24 0025012907 3805 HEATHER DR 236.99 0024108904 1721 MONTICELLO AVE 25.48 0012636403 4742 OAK CLIFF DR 108.27 0023919608 4112 SOUTH MEADOWLARK RD 454.86 0024830705 1152 BLUE HERON CT 175.16 0010701001 4395 GARDEN TR 275.59 0024007601 3785 RED ROBIN LANE 71.15 0013147608 1051 WALNUT RIDGE DR 209.28 0012800801 4722 ANNE PT 93.53 0036308500 2804 BEAM LANE 161.17 0036404507 3153 JURDY CT N 275.62 0013015607 4659 PARKRIDGE DR 254.99 0012622809 4564 CINNAMON RIDGE TR 174.18 0036232403 1547 SKYLINE TR 50.45 0011620804 4621 MANOR DR 147.36 0037015104 3632 FALCON WAY 306.50 0023211303 2058 JADE LANE 215.63 0037701604 1076 TICONDEROGA TR 66.09 0024112104 3908 RIVERTON AVE 222.50 0012609509 4555 SCOTT TR 159.20 0012909503 4431 CLOVER LANE 163.23 0025653205 3681 ROBIN LANE 509.43 0024322604 3728 DENMARK CT E 59.87 0012632766 4444 CINNAMON RIDGE TR 175.91 0023507700 4034 BERYL RD 414.37 0024333601 3855 DENMARK AVE 174.70 0023211600 2042 JADE LANE 206.49 0024315905 1193 TIMBERSHORE LANE 217.10 0023302607 2098 CARNELIAN LANE 257.83 0012510806 1569 CLEMSON DR 178.37 0011716313 4300 BLACKHAWK RD 238.63 0038254306 701 GRANITE DR 101.03 0010703908 1386 CLEOME LANE 76.87 0024211203 1480 WOODVIEW AVE E 129.30 0024320103 1259 TIMBERSHORE LANE 129.74 0012913000 4404 CLOVER LANE 654.77 0011816303 4713 COVINGTON CIR 181.43 0036602019 3211 HWY 55 82.22 0024333304 1272 DEERCLIFF LANE 119.04 % -k Account # Service Address Certification Balance 0012708707 4759 NARVIK DR 313.80 0012130407 850 SUDBERRY LANE 181.10 0010511905 1629 HICKORY HILL 121.83 0012633046 4370 CINNAMON RIDGE TR 240.12 0012629903 4419 CINNAMON RIDGE CIR 330.46 0023112402 2106 OPAL DR 227.75 0011202900 4362 METCALF DR 533.23 0036140903 1610 SNOWFLAKE DR 181.87 0010914703 1255 CARLSON LAKE LANE 172.20 0023811409 1830 CARNELIAN LANE 238.99 0012206900 627 ATLANTIC HILL DR 110.66 0013243209 2269 WALL ST 574.38 0012132007 4425 LYNX CT 97.41 0024429904 1261 WIN DCREST AVE 87.84 0025102005 3527 COACHMAN RD 184.09 0012613709 4504 CINNAMON RIDGE TR 90.67 0036405710 3205 JURDY CT S 220.16 0025603002 3943 CLIPPERS RD 384.52 0010310605 2063 CORAL LANE 441.18 0037116407 4056 PENNSYLVANIA AVE 206.96 0012608907 4556 SCOTT TR 318.97 0036815504 717 CASTLETON LANE 185.06 0013120605 4755 CYPRESS PT 348.12 0012839601 1951 BERKSHIRE DR 87.98 0013188107 646 WATERVIEW COVE 50.00 0013008008 1466 RICHARDS CT 97.79 0023310303 3940 BERYL RD 71.24 0012533907 4313B CLEMSON CIR 101.41 0024223604 3640 ASHBURY RD 184.20 0024511800 3945 WESTBURY DR 196.12 0012022208 1989 SAFARI TR 420.57 0010101905 2120 SHALE LANE 435.59 0038311502 497 CHAPEL CT 230.10 0023112006 2060 EMERALD LANE 309.25 0037010105 3615 FALCON WAY 225.17 0010602209 4225 PILOT KNOB RD 103.75 0012215703 4215 VALLEY FORGE PL 192.19 0012027108 2035 PIN OAK DR 204.64 0036611804 3107 JOYCE CT 165.00 0010202505 2058 MARBLE LANE 119.23 0013237102 4521 ALICIA DR 189.52 0024003006 1714 FLAMINGO DR 174.58 0013157607 4350 BENT TREE LANE 357.72 0036202604 2954 SIBLEY MEMORIAL HWY 121.50 0035501410 1426 SKYLINE RD 103.07 0010201200 2073 QUARTZ LANE 322.39 0 THIS PAGE 1S INTENTIONALLY loams m Agenda Information Memo May 1, 2012 Eagan City Council Meeting PUBLIC HEARINGS B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills. ➢ At the April 3, 2012 City Council meeting, a public hearing was scheduled for the May 1, 2012 City Council meeting. ➢ The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has 4 properties with delinquent false alarm bills. The assessable amount of these bills is $760. None of these properties have been or are in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 2 through June 1. If the assessment is paid after June 1, interest at 3.5% from May 2, 2012 to December 31, 2013 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2013 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 5 L 51 Address 3130 Lexington Avenue 3200 Denmark Avenue 3324 Promenade Avenue 3800 Tesseract Place Delinquent False Alarm Bills May 1, 2012 Delinquent Amount PID plus 10% penalty 10- 22502 -05 -370 $110.00 10- 80350 -01 -010 $110.00 10- 22472 -03 -010 $110.00 10- 75500 -01 -010 $330.00 52- Certification Total Fee Assessment $25.00 $135.00 $25.00 $135.00 $25.00 $135.00 $25.00 $355.00 Total $760.00 Agenda Information Memo May 1, 2012 Eagan City Council Meeting PUBLIC HEARINGS C. CERTIFICATION OF DELINQUENT NOXIOUS WEED, MOWING AND REFUSE REMOVAL BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent noxious weed, mowing and refuse removal bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection of delinquent noxious weed, mowing and refuse removal bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ At the April 3, 2012 City Council meeting, a public hearing was scheduled for the May 1, 2012 City Council meeting. ➢ The City currently has 9 properties with delinquent noxious weed, mowing and refuse removal bills. The assessable amount of these bills is $2,248.06. Since last fall, the City billed 15 properties for these services. Of the 15 billed, there were 6 property owners that paid the fees and 9 are in order for certification to the County. Of the 9 to be certified, 2 have been or are currently somewhere in the foreclosure process. ➢ The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 2 through June 1. If the assessment is paid after June 1, interest at 3.5% from May 2, 2012 to December 31, 2013 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2013 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 'A 53 O N O = N L 0) > (O J > N > 00 N a _`° o Q L c v >S Lmu c 0 Q JO O m N r-I CO W 1.0 O Ln N 9,0 O M O �* r-I 00 O 01 M r-I ri --t M r-I M --t M r-I V t0 O 00 N N C 0! N 01 h H Q FO- 5q CU a, H N m O +' X O O) C a w 0� p 3 E E 0 QN 3 L L Q/ O � H � L CL 4- `~ O 7 > O �O( W co ��( W L E w c c c C c c c v S H :O O O O O O O O� O c E E E E E E E v E E LA M Ln zt Ln :T O Ln O O 131 Ln O 'Z� Ln C1 Ln 0C1 c-I 00 M ri Ln N r-I e1 N f0 E Ln M 0 l0 00 - tD N ri aJ ++ y N r-I GY ri r-I Ln ri N N to t/? t/? to tn• Vl- tr� tl� 3 0 H f� Q C C m O C N m y 0 0 0 0 0 0 0 0 0 •3 %J = 01 LL Ln Ln Ln Ln 111 Ln Ln Ln Ln O N N N N N N N N N O N t/� i/? t/> tn• to tn 1^ tn• V)- U ei M w M Ln � Lit t TT O Ln O CC� O O O1 Ln O � Ln 01 Ln C 3 ate+ LD M 00 lD O Il l0 LD I" 3 0�c f6 E N t/� r-1 V? M :./1• rM-I t/? rri t/? - V? cM1 tl? r-I -4 -4 t/? O Q O. .O C Z 3 ri a+ C H 0J w CL 3 � cr O r-I O O O r-I O O O O c-I ri rI ri 00 O 01 N I, Q rLn N O O O O O O Ln N ri N r-t M O O O O O rii O O O D 4 4 M ri N 4 0 0 0 a Ln O-�I- Ln r.-I O O O O M I- O N n n Rt 00 Ln d' w I*l �* l0 w 00 M N 00 ri I, O0 ri ri ri r-I r� O O O O O O O O O r-i ri ri r-I ri r-I r-I e-I r-I O N O = N L 0) > (O J > N > 00 N a _`° o Q L c v >S Lmu c 0 Q JO O m N r-I CO W 1.0 O Ln N 9,0 O M O �* r-I 00 O 01 M r-I ri --t M r-I M --t M r-I V t0 O 00 N N C 0! N 01 h H Q FO- 5q Agenda Information Memo May 1, 2012, Eagan City Council Meeting D. VARIANCE —1295 TOWN CENTRE DRIVE (SHERWIN- WILLIAMS) ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Variance of 40 feet to the required 50 -foot setback from public right -of -way for construction of a new building on property located at 1295 Town Centre Drive subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned CSC, Community Shopping Center and is developed with an existing building which was a former Taco Bell fast food restaurant. ➢ A Conditional Use Permit was issued in 1986 to allow the drive - through and pylon sign. ➢ The applicant proposes to tear down the building but reuse the existing pylon sign infrastructure and much of the existing parking lot. ➢ The existing building is setback 28 feet from the west property line versus the 10 feet that is proposed. ➢ The minimum building setback requirement from interstate right -of -way is 50 feet and a side yard setback requirement is 10 feet; no Variance was required for the existing structure. ➢ The proposed redevelopment would meet side yard setback requirements. ➢ The redevelopment would result in additional greenspace added to the property by roughly 8 %, as well as additional landscaping to refresh the site and provide additional screening from the rights -of -way. ➢ The applicant's stated practical difficulty is that the buildable area of the site is constrained by the required setbacks from three public right -of -way frontages, two of which require 50 -foot building setbacks. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: June 8, 2012 ATTACHMENTS: (2) Location Map, page Planning Report, pages through 78 55 Location , • �� :a..:a.1`�� REPORT DATE: April 27, 2012 APPLICANT: NLD Eagan LLC PLANNING REPORT CITY OF EAGAN CASE: 15- VA- 03 -04 -12 HEARING DATE: May 1, 2012 PROPERTY OWNER: BFI Real Estate Holdings APPLICATION DATE: April 9, 2012 REQUEST: Variance LOCATION: 1295 Town Centre Drive PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: SA -RC, Special Area - Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 40 feet to the required 50 foot right -of- way setback for construction of a retail building on property located at 1295 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Fifth Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. 5'Y Planning Report — Sherwin Williams May 1, 2012 Paize 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The recently adopted Variance legislation is reflected in the City Code language above and also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. BACKGROUNDMISTORY The property was platted in 1986, and a Taco Bell fast -food restaurant was constructed on the site at that time. A Conditional Use Permit was granted in 1986 as well, permitting a drive - through facility and pylon sign. The pylon sign is located on the southwest corner of the site. EXISTING CONDITIONS The subject property is 0.67 acres in size. The property abuts Yankee Doodle Road right -of -way to the north, I -35E right -of -way to the west, and takes access from Town Centre Drive to the south. The site is currently developed with a 2,240 sq. ft. building that is vacant (former Taco Bell). SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: r Planning Report — Sherwin Williams May 1, 2012 Page 3 Surrounding properties are zoned CSC, Community Shopping Center, and guided SA -RC, Special Area — Retail Commercial. Surrounding development consists of restaurants (the new Taco Bell and Kentucky Fried Chicken) a grocery store (Rainbow) and the Town Centre Shopping Center. EVALUATION OF REQUEST Compatibility with Surrounding — The CSC zoning is intended for large scale retail commercial sales and services. Retail sales are a permitted use. Site Plan — The applicant proposes to redevelop the site with a new 3,500 sq. ft. building, in generally the same area as the existing fast food restaurant, with the building located closest to the west property line and parking to the east and south. The applicant's narrative states, "The proposed building is setback farther from Town Centre Drive and is slightly larger - approximately 12 feet wider to the west ". The redevelopment will utilize the existing curb cut with two -way access to Town Centre Drive; however, there will no longer be full circulation around the building. The existing drive - through area is proposed to be landscaped with the redevelopment. Setbacks — The proposed building satisfies the following minimum structure setbacks: 30 foot front yard; 10 foot side yard, and 50 feet from Yankee Doodle Road right -of -way. The building does not meet the 50 foot setback from the interstate right -of -way, which is further discussed later in this report. Staff has created an exhibit that highlights the required setback areas. The exhibit is attached to the report. Required parking setbacks are 20 feet from a public right -of -way and 5 feet from side and rear lot lines. Two parking stalls located along the south side are set back less than 20 feet from Town Centre Drive; however, this is an existing condition that will be maintained with the proposed redevelopment. Building Coverage /Green Space — The CSC Zoning District allows a maximum building to coverage of 30 %; 11.9% building coverage is proposed. The Zoning Ordinance requires a minimum 30% green space for commercial zoning districts; 37% green space is proposed which is an increase from the 29% existing green space. Parking — City Code requires one parking stall for every 200 sq. ft. of floor area for a retail use. The building is 3,500 sq. ft. and requires 18 parking stalls. The Site Plan provides a total of 27 parking stalls. Staff suggests the applicant submit a revised Site Plan that reduces the amount of parking so as to not over -park the site. A proof -of- parking plan should also be submitted so that at the time that the proof of parking is required, if ever, there is an approved plan. This is included as a condition of approval. N Planning Report — Sherwin Williams May 1, 2012 Page 4 Additionally, as the City has required in other proof of parking approvals, that if after review by the City, it is determined that additional on -site parking is needed due to high on -site parking levels, additional on -site parking should be provided as identified on the Proof of Parking Plan, within one year of notice to the applicant or its successors or assigns. This is also included as a condition of approval. City Code requires parking stalls to be 10' x 19'. The applicant proposes to utilize the pre- existing 10' x 18' parking stalls. The reduced parking stall depth is due to the width of the site (parking setbacks, stall depth and drive aisle width). Two -way drive aisles are a minimum of 24 feet which meets City Code requirements. Mechanical Equipment — The applicant's narrative states, "Roof mounted RTU's will be screened and /or painted from view." City Code requires the units to be setback from the edge of the roof a minimum of 20 feet. Roof top units are also required to be screened by a parapet wall of at least 30 inches in height. This is included as a condition of approval. A transformer is located on the ground near the southwest corner of the parking lot. Landscaping around this ground equipment should be enhanced to provide screening from all directions. Trash Enclosure — The Site Plan identifies the trash enclosure attached to the north side of the building and that it will be screened from view with a six foot masonry wall and a wood gate; however, no exterior elevation plans have been provided. The trash enclosure should be constructed consistent with the requirements of the City Code and include a screening gate of 90% or greater opacity. This has been included as a condition of approval. Landscaping — A Landscape Plan is required for any new construction in any commercial zoning district. The City Code requires visual penetration areas adjacent to freeway right -of -way be planted with a mixture of overstory and understory coniferous plant material to provide a visual screen at time of maturity. The applicant proposes installation of three evergreen trees along the NW corner of the site to meet this visual requirement and supplement the existing vegetation located within MnDOT right -of -way; however, no Landscape Plan was provided. A Landscape Plan should be submitted that includes the information stated above as well as building foundation plantings. This is included as a condition of approval. As previously mentioned, the applicant is proposing to remove the existing drive through lane along the west side of the property which will increase the greenspace area by 8 %. Building_ Architecture /Materials — City Code requires newly constructed buildings to consist of at least 65% Class I materials and utilize at least two different Class I materials. Class II and III materials may comprise not more than 35% of the finish. Planning Report — Sherwin Williams May 1, 2012 Paee 5 The building is proposed to be finished with primarily brick and glass, pre - finished architectural metal panels and architectural masonry block, accented with ornamental metal. According to the applicant's narrative, "EIFS will be used for the sign band above the awnings on the East and North elevations." Vertical brick pilasters provide articulation on each of the four building facades. The masonry block is proposed to be in two different colors to add visual interest (dark green and tan). While the material percentages appear consistent with City Code, the applicant should revise the elevation plan to include the percentage breakdown for each of the four elevations. Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers shall be a minimum height of 12 inches and in a contrasting color to the color of the building Si na e — Building signage is proposed on two elevations. In addition, the applicant proposes to utilize the existing pylon sign on the southwest corner of the site. This sign was permitted via a Conditional Use Permit. Building Signage — The applicant proposes wall signage on the north and east elevation. This is consistent with City Code. The proposed signage consists of the business name including the company logo. The business name appears to be constructed of channel letters whereas the logo appears to be an aluminum panel. All building signage should be constructed of the same type for consistency and channel letters are preferred. The applicant should submit a revised exterior elevation drawing that addresses this concern. H Planning Report — Sherwin Williams May 1, 2012 Page 6 All signs are subject to the requirements of the City Sign Code. A Sign Permit is required for each sign prior to installation of the sign. Site Lighting — A site lighting plan was not provided. Site lighting should be provided as necessary for security, safety and traffic circulation. Such illumination should be indirect and diffused. Lighting should not be directed upon public rights -of -way or adjacent properties and the source of light should not be visible from off the property. Grading/ Topography — The site was graded with previous development, and the proposed new building construction will require minor grading. Grades and slopes on the site are relatively flat and will remain generally as current, with the site sloping toward the west. Storm Drainage — A storm drainage system was constructed with previous development and will be utilized with the new proposal. Wetlands /Water Quality — There are no wetlands present on the site and existing storm drainage infrastructure will continue to be utilized with the redevelopment. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth, and capacity are available from Town Centre Drive for connection by this development. Streets /Access /Circulation — Public street access will remain at one location onto Town Centre Drive similar to the previous development. Pedestrian circulation in the area is provided by the existing sidewalk on Town Centre Drive. The proposed redevelopment should provide a designated pedestrian connection to this public sidewalk, as was a condition of approval with the redevelopment of the adjacent Pizza Hut/Taco Bell site to the west. Financial Obligation — At this time, there are no pending assessments on the parcel. VARIANCE The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." L2- Planning Report — Sherwin Williams May 1, 2012 Paae 7 The Zoning Ordinance states that relief may be granted provided the applicant proposes to use the property in a reasonable matter not permitted by the zoning provisions of the Code. The applicant is proposing to redevelop the property for a retail /commercial use. The existing structure was setback 28 feet versus the 10 feet as is being proposed. A Variance was not granted for the initial construction, as the setback was interpreted as a side yard and not from right -of -way. The side yard setback requirement is 10 feet. Utilizing the same interpretation from 1986 would result in the applicant not needing a Variance. Redevelopment of the site and maintaining the 10 -foot side yard setback appears to be a reasonable use of the property and the existing building was approved to be located within the 50 -foot right -of -way setback. The Zoning Ordinance states relief may be granted provided the plight of the applicant is due to circumstances unique to the property not created by the applicant. The applicant is hindered by the three right -of -way setback requirements, two of which are 50 -feet. Further, the applicant desires to utilize the existing entrance and parking lot configuration as much as possible. The requested Variance does appear to be the minimum required to alleviate the practical difficulties. The applicant is requesting relief from a required minimum setback to allow for the redevelopment of the property. The building footprint is limited in its location due to setback requirements and the existing parking lot design. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Additionally, since this request is specifically tied to a setback from interstate right -of- way, the greater setback provides for separation from noise and vehicles travelling at a faster speed. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. At the same time, the setback is from right -of -way affiliated with an on -ramp to the interstate and typically vehicles are travelling at lower speeds. It does not appear that granting of the Variance would result in detrimental effects to the adjacent properties or the public. The impact to the site compared to the existing development appears to be minimal. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative provides their reasoning for the request in detail and is attached for your review. Planning Report — Sherwin Williams May 1, 2012 Page 8 SUMMARY /CONCLUSION In summary, the applicant is requesting a setback Variance of 40 feet to allow the redevelopment of this site with a new retail building for Sherwin Williams. The proposed redevelopment will utilize the existing driveway access and maintain the existing parking setback to the south lot line. Due to the property having three sides adjacent to public right -of- way, the buildable area of the site is quite small. The proposed plan appears to be reasonable with a few suggested modifications included as conditions of approval. ACTION TO BE CONSIDERED To recommend approval of a Variance of 40 feet to the required 50 -foot right -of -way setback for construction of a retail building for property located at 1295 Town Centre Drive. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be required prior to construction of the building. 3. The building shall not exceed the size shown on the proposed Site Plan received April 2, 2012. 4. A pedestrian connection to the public sidewalk along Town Centre Drive shall be provided. 5. All mechanical equipment shall be screened from views from off the site, consistent with the provisions in the City Code. 6. The trash enclosure shall meet City Code requirements. 7. The applicant shall submit a Landscape Plan with the Building Permit application. The landscape materials shall meet the minimum size required at time of planting per City Code. 8. Landscaping around the transformer shall be enhanced to provide screening from all directions. 9. Additional landscaping shall be provided in the form of foundation plantings around the building and around the base of the pylon sign in the form of perennial planting beds or other small growth that will not hinder the function of the sidewalk, trail and snow storage easement. (t:�34 Planning Report — Sherwin Williams May 1, 2012 Page 9 10. A Lighting Plan shall be provided at time of building permit consistent with City Code requirements. The Lighting Plan shall provide the specifications that include the pole and base height, fixture information, and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly ". 11. The Lighting Plan shall provide parking lot and drive aisle lighting that achieves a minimum of 0.5 footcandles and average -to- minimum uniformity ratio not greater than 4:1. 12. A revised Elevation Plan shall be submitted with the building permit application and incorporate the material percentage breakdown for each of the four elevations, consistent with City Code requirements. 13. Building identification numbers shall be installed consistent with City Code Section 2.78. 14. The pylon sign shall be improved by replacing the metal pole with a brick support column or with a brick base constructed around the pylon. 15. All building signage shall be constructed of channel letters. 16. All signs are subject to the requirements of the City Sign Code. A sign permit is required for each sign prior to installation. 17. The applicant shall submit a revised Site Plan that reduces the number of parking stalls to be constructed. 18. The applicant shall provide a Proof of Parking Plan. If after review by the City, it is determined that additional on -site parking is needed due to high on -site parking levels, additional on -site parking shall be provided as identified on the Proof of Parking Plan, within one year of notice to the Applicant or its successors or assigns. N. Location . • i6wPark Park LRFA Will I vp LI ME WIN r w p nnn nmi nm rrt.I�lt�� a ® I - lull ®. - ► �` •� � � ®' ® ®T•wiv+�io ■Iloilo■ rr � ®� :a aa® ' wr.wr osmosis fl/ p�,� "`�� , ®� ®� Ep� ■lllllli» ® ®111 i �� r., ,. i � � ��[� ■ name 11111 '� 1 11 111 111 • 1 1 _ MMO City of Eajan Current Zoning and Land Use Map Application: NLD Eagan LLC Type: Variance Case No.: 15- VA- 03 -04 -12 Zoning CSC Community Shopping Center Land Use Plan SA -RC Special Area/ Retail Commercial 4A.- N 0 300 600 1,200 Feet b7 bet WON IRWIN d AY— t I A ` o € j j i z DenoWk Avenue �� f `I ._ . e -C_F._ °' a .. rep! � R� i d • - _. r/� 0 PERM, VeA rn m Ca . m Qw22 �zmmzzzzzz xz <��mmxxmmmmmp r,� T N y 6� m z m m p A D Z Z C D� Ln o y p <DzZvxc�c��z -- c m O A p m m n W y Om - C O O p-0 0< A n m D vmzprc��l W mn o x71 r- rmzrDZ m N r- M mn * D m t O O En O D m SITE PLAN crt W aS 0 w Xp0 V Z 0 ioo'at AO 'I ( *t G X fRl 7. n m O j Al (IMI 31x000 3EDINVA I 1 n :n � m W it -8 3 M $ d E i I3 D 3 W y (n Ny v m; z -0 my D K c p 1 m m0� �fL nm?m �AyOpO �O � Z Z N � y z m c� y iny z m O D i m O D = N m 09 p 0 A m 6a 1 = 3 0 c z r V r4 N N f0 _ O O O O O Og o I°a OrON y - y m z Lny Vly Tq0 r N Q mT - m� m, m y 'I m y z m ;7 ! LOT 1, BLOCK i, TOWN CENTRE 70 FIFTH ADD. 1295 TOWN CENTRE DRIVE ♦RCRrtECrS ENGIIEERS C S EAGAN, MN _ Wl! EnvIRCHrnEwru sEaNCEs LwO S a Vf U—ORs SITE PLAN ——ES 70 m ! M 'C m C= i re: i EXISTING CONDITIONS \ 135E L OOP x o_o °moo °�oso- ° O_O _ o i nm n EES ........... F O 4 L O' £ ��• �� Noox, $ Z` s' -i z m \m m I � I� m Q q n m��? j O B 't' ® "Y {? B4 ;Q � m ®p ®® • I I I � I I I I p [Q y� � s � till k v 5gg fill L. o 8 F g LOT 1, BLOCK 1, TOWN CENTRE 70 FIFTH ADDITION - ARLHRELT4 NC 1295 TOWN CENTRE DRIVE m� " � "m ®�'�°°"""^e^•^� ENGwEERs EAGAN, MN Wll� E—I mEN,u SERV s EXISTING CONDITIONS ......,.�. .,..ee.,...,_UNO sO 0 yr ELEVATIONS 7 Z C 9 �. o r _m a'm �r D O Z �l n A�� b e a- a S I� 7 Z C 9 �. o r _m a'm �r D O Z �l n A�� b e a- a S -71 hi M M 70 hJ '1 O FLOOR PLAN 30' -2` Ax 3' -4' 4'-0` 4'-6' ST H �wosc� era K%,CSV ]( W= sworn usr r� �v —laws r-3 IV - ---rvM wns4s— y 13.5 WMDSTACK RACKS piiiidddd S t t 9? 9: 1? 17 92 1.4 L J k - Rem o o STAGING /TINT AREA B 1207 S.F. NET —I EST F� >� FRM NI "LIVMr 1- 0999 -M 1- mull lot mlce UIDDENS � 001 � ,m SALES AREA 1745 S.F. PREP- pp ® �� A 1IX PARR S� 0m( WER SdO AWdS Kp �E CANVAS rw�Ee w c clEieaERS cR.fvr�s e� EAGAN, MN 03/05/2012 J: \DWGS\ WORK \E_t1FILES \E11034 \E11034.dwg 0 5 N F1►C A NJ 53005 S; 000K 0O7f GOON ODOM 15 0 _I N 0 1 v� © The Sherwin Williams Company 01/28/2011 Ax - DECK ST H 0 5 N F1►C A NJ 53005 S; 000K 0O7f GOON ODOM 15 0 _I N 0 1 v� © The Sherwin Williams Company 01/28/2011 NEW STRUCTURE SUPERIMPOSED OVER EXISTING ------------------------------ \ 135E LOOP c . p p ` O oro»y p q t �\ q l O O cwl ,. { a ❑ a �J _ o o 1 t7 z m O B ® + as ; d m 08 ®® ©•O 7' lie 38 _ Rm F; 1 1� s i�€ Y5 r Y S Sp O, $ _ 32 3iQ w. o C gg� 3Y� d3 �Y4� �?p s w � � 3 0 °E '•c � � 8 � ,$ `¢¢ f t3 s' =S R N LOT 1, BLOCK D CENTRE 70 FIFTH ADDITION 1295 TONM CENTRE DRIVE «. A° � W W EHVin aE.-EERS 1-11 R L NTRE EAGAN.MN �._�, • — R uN�.ESOUac-Es wn]EAa SETBACK RESTRICTIONS V i t i p x , k s �^? j a 4. : >, a t Vwl VAN t'4 me ZA 1 '! jili Application for Variance Request Applicant: NLD Eagan LLC Address: 1295 Town Centre Drive NARRATIVE PROJECT DESCRIPTION RECEIVED APR 2 3 7011 The property located at 1295 Town Centre Drive is a 0.67 acre parcel zoned Community Shopping Center District (CSC) and guided SA -RC (Special Area — Retail Commercial). The property is currently improved with a vacant, 2,240 SF former Taco Bell building with associated drive - through lane, parking lot and related site improvements. NLD Eagan LLC is proposing to remove and rebuild just the building structure and building walks, increase greenspace area by replacing the drive - through lane with landscaping and refresh and reuse the existing site improvements for use of the property as a 3,500 SF Sherwin- Williams retail store. Construction would commence upon receipt of City approvals and would be complete by Fall 2012. The proposed building is located in substantially the same location as the existing structure (Figure 1). The proposed building is set back farther from Town Centre Drive and is slightly larger - approximately 12' wider to the west. Both the existing and proposed building satisfy the required front yard setback from Town Centre Drive, but both buildings encroach on the 50' setback from I -35E right -of -way on the west side of the property, although no variance was required at the time that the former Taco Bell building was constructed in 1986. The proposed building is 10' from the west property line at its closest point (which is the required setback for a side yard). We respectfully request a variance to this 50' setback for the reasons discussed below. The proposed project would retain the existing access point to Town Centre Drive, with two -way vehicular drive - aisles serving the parking stalls. There would no longer be full circulation around the building, as the west and northwest sides of the building will be landscape area. Twenty -seven (27) parking stalls are proposed, which count satisfies the code requirement. Existing utility connections will be reused. The front entry to the retail store will face Town Centre Drive, with a secondary entry on the east side of the building. Deliveries will be received on the north side of the building via an overhead door with interior storage. An attached trash enclosure is located on the north side of the building, as shown on the site plan. The exterior of the building will incorporate a combination of brick, glass, pre - finished architectural metal panels and architectural masonry block, accented with ornamental metal. A band of split -face architectural masonry block will form the base of the building, with a complimentary band in the middle of the building (color "Eclipse" which is dark green) and smooth face architectural masonry block in between (color "Quiver Tan "). The top portion of the walls will be covered with pre - finished architectural metal panels with accentuating coping. Vertical brick pilasters will provide articulation on each of the four building facades. Roof mounted RTUs will be screened and /or painted from view. EIFS will be used for the sign band above the awnings on the East and North elevations. The existing pylon sign base will be reused (not to exceed 27' in height and 125 s.f. sign area per face). With the conversion of the paved areas on the west and northwest sides of the building to landscaping and by retaining the existing, mature landscaping on the east and north sides of the site, the proposed landscape area will be 37% of total site area. Installation of three (3) additional overstory coniferous trees is proposed along northerly portion the west property line to supplement the existing offsite landscaping provided within this visual penetration area from the freeway corridor. 911 Application for Variance Request Applicant: NLD Eagan LLC Address: 1295 Town Centre Drive Application is hereby made for a variance to the zoning code to reduce the setback from right -of -way on the west side of the property from fifty feet (50') to ten feet (101). a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of the property has no control. This property is an irregularly shaped parcel bound by Town Centre Drive to the south, the I -35E ramp and right -of -way to the west side, Yankee Doodle Road to the north (rear) and a commercial parcel to the east side. As such, this parcel abuts right -of -way on three sides or three "fronts ", two of which are classified as a major or minor thoroughfare resulting in an increased setback of 50' from the property line on the west and north sides. This significantly restricts the useable building envelope for this parcel. The shape of the parcel and the three frontages are circumstances over which the owner of the property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this code. The literal interpretation of the setback provisions of City Code assigning three "fronts" to this parcel (two of which require a 50' setback) would significantly restrict the size of a useable building envelope for this parcel, which would deprive the owner of this parcel use commonly enjoyed by other properties in the same district under the provisions of this code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. The shape of the parcel and the three frontages are circumstances over which the owner of the property has no control. The applicant is proposing to situate the new building in substantially the same area as the existing building and to keep the existing site improvements in place. The existing improvements on this property were constructed prior to a change in interpretation of City code imposing the 50' building setback on the west side. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. The requested variance would permit construction of a building structure that is similar to the existing building improvements on the property. The proposed use and the site 77 Application for Variance Request Applicant: NLD Eagan LLC Address: 1295 Town Centre Drive design and construction are consistent with other properties in the same zone and the granting of the variance requested would not confer any special privilege denied to owners of other lands. As such, the variance would not be materially detrimental to the purposes of Code or to other properties in the same zone. e. The variance requested is the minimum variance which would alleviate the practical difficulties. The variance requested to reduce the setback from right -of -way on the west side of the property from fifty feet (50') to ten feet (10') is the minimum variance which would alleviate the practical difficulties in constructing the proposed building. The existing drive aisles, parking stalls and fixed access point to Town Centre Drive that are east and south east of the proposed building envelope are to remain. Thus, the area available for construction of the building is to the north and west and a 40' variance is the minimum required to accommodate construction of the proposed building. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. The requested variance would permit construction of a building structure that is similar to the existing building improvements on the property. The proposed use and the site design and construction are consistent with other properties in the same zone. As such, the variance would not be materially detrimental to the purposes of Code or to other properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. This condition is satisfied in that the property for which the variance is requested is otherwise in compliance with the City Code. rAl w Agenda Information Memo May 1, 2012 Eagan City Council Meeting OLD BUSINESS A. Receive bids and approve resolution awarding sale of Taxable General Obligation Housing Improvement Bonds, Series 2012A, and General Obligation Equipment Certificates of Indebtedness, Series 2012B. ACTIONS TO BE CONSIDERED: • To approve the resolution awarding the sale of $1,660,000 Taxable General Obligation Housing Improvement Bonds, Series 2012A; • To approve the resolution awarding the sale of $585,000 General Obligation Equipment Certificates of Indebtedness, Series 201213; • To engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the above bonds. FACTS: • The Housing Improvement Bonds relate to the Coachman Oaks Housing Improvement Area. • Staff is working with Steve Rosholt from Faegre (bond counsel) and the Coachman Oaks association board to ensure the statutory requirements for issuing the Housing Improvement Bonds are met prior to the sale of the bonds. • The Equipment Certificates relate to the purchase of fire apparatus (snozzle unit) on order. • The bid openings will take place at 10:00 a.m. on May 1. • A representative from Springsted Inc. will be at the Council meeting to present the bids and recommend action. • Ratings were requested from both Moody's and Standard & Poors (S &P). Both ratings agencies have affirmed the current ratings on existing debt: Aaa ( Moody's) and AA+ (S &P). • Sale recommendations were previously made available to the Council. ATTACHMENTS: • Moody's credit rating report is attached on pages throu h [33 • Standard & Poors' credit rating report is attached on pages through . • Draft resolutions are lengthy and not included in the packet. They are available for review in advance upon request. NO EAGAN (CITY OF) MN Cities (including Towns, Villages and Townships) Minnesota Moody's Rating Issue Rating General Obligation Equipment Certificates of Indebtedness, Series 2012B Aaa Sale Amount $585,000 Expected Sale Date 05/09/12 Rating Description General Obligation Taxable General Obligation Housing Improvement Bonds, Series 2012A Aaa Sale Amount $1,660,000 Expected Sale Date 05/09/12 Rating Description General Obligation Moody's Outlook - NOO NEW YORK, April 26, 2012 -- Moody's Investors Service has assigned a Aaa rating to the City of Eagan's (MN) $1.7 million Taxable General Obligation Housing Improvement Bonds, Series 2012A and $585,000 General Obligation Equipment Certificates of Indebtedness, Series 2012B. Concurrently, Moody's has affirmed the Aaa rating on the city's outstanding general obligation debt, affecting $18.2 million post - sale. SUMMARY RATING RATIONALE The bonds are secured by the city's general obligation unlimited tax pledge. The Series 2012A bonds will finance housing improvements within the Coachman Oaks Housing Improvement Area, with debt service payable from special assessments. The Series 2012B will finance the acquisition of capital equipment. Affirmation and assignment of the Aaa general obligation rating reflect the city's mature tax base with recent declines in full valuation; sound financial operations with healthy General Fund reserves; use of alternate liquidity for capital projects; and low debt with rapid payout. STRENGTHS - Strong finances with alternate liquidity - Beneficial location near interstate 35 in Twin Cities metropolitan area and high income indices CHALLENGES - Depletion of alternate reserves for capital projects - Declining valuations DETAILED CREDIT DISCUSSION MATURE TWIN CITIES SUBURB HOME TO SEVERAL CORPORATE HEADQUARTERS; RECENT DECLINES IN FULL VALUATION Despite recent declines in full valuation, we anticipate that Eagan's tax base will remain stable in the long -term due to its favorable location in the Twin Cities area and ongoing commercial development. Located in Dakota County (GO rated Aaa /stable), Eagan is a first tier suburb south of St. Paul (Aa1 /stable). Growth in the city's large $6.7 billion tax base has slowed in recent years due to the economic downturn, combined with the city becoming fully developed. Full value grew through 2007, and began declining in 2008 bringing the average annual rate of decline to 4% over the past five years. Officials expect this trend to continue into the near term due to continued depreciation of residential properties. Eagan's population more than tripled in earlier decades, growing 129% between 1980 and 1990, and an additional 34.1% in between 1990 and 2000. As the city is nearing full development, population growth has slowed down, with just a 1% increase between 2000 and 2010. Resident income levels exceed national medians with per capita and median family income at 141.6% and 153.3% of nation, respectively. The city is home to the headquarters of several corporations, including Thomson Reuters and Blue Cross Blue Shield (BCBS) of Minnesota. Thomson Reuters (senior unsecured rating Baal /stable), a legal publishing company, is the city's largest taxpayer and employer, comprising 1.9% of assessed valuation and employs 6,000. BCBS is the second largest, comprising 1.2% of assessed valuation and employs 3,100. Officials report stable operations at the companies. Delta (senior unsecured rated B2 /stable) and Northwest Airlines merged in 2009. Northwest's headquarters had been located in Eagan prior to the merger and were moved to Atlanta, where Delta is headquartered. With the merger, the city lost a couple hundred jobs, which were phased out over a couple years. Despite this employment loss, Delta is the fourth largest employer with 1,600 employees. Notably, officials report other developments at United Parcel Service (UPS, senior unsecured debt rated Aa3 /rating under review) and other companies have added jobs. The city's unemployment rate of 5.0% was lower than the state's of 6.6% and the nation's of 8.7% for February 2012. SOUND FINANCIAL OPERATIONS SUPPORTED BY HEALTHY RESERVES; HISTORY OF CASH FINANCING OF CAPITAL The city's financial operations are expected to continue to remain stable given healthy reserve levels, strong management, and alternate liquidity that has supported large -scale capital projects. The city's formal General Fund balance policy calls for a minimum reserve of 40% to 45% of the subsequent year's budgeted expenditures. Historically, the General Fund balance has remained above 40% of annual General Fund revenues with the exception of fiscal 2008 due to an unallotment of Market Value Homestead Credit (MVHC) FOR from the state just before the close of the fiscal year. As a result, fiscal 2008 closed with a General Fund balance of $10.4 million, or a still healthy 39.8% of revenues. Fiscal 2008 is the second time in 30 years the city has gone below its formal General Fund balance policy, evidencing the city's history of sound financial management. The city's General Fund posted sizeable General Fund operating surpluses in fiscal years 2009 and 2010, bringing the General Fund to $13.3 million, or an ample 46.4% of revenues at the close of fiscal 2010. While officials report an additional operating surplus in fiscal 2011, the city used approximately $1.5 million of General Fund reserves towards the construction of a fire safety center. As a result, preliminary estimates indicate a year -end General Fund balance of $12.6 million, or approximately 45% of revenues. Officials passed a balanced budget for fiscal 2012 and report positive operations year -to -date. Property taxes are the city's primary operating revenue source, comprising 74.6% of operating revenues in fiscal 2010. Favorably, the city does not receive Local Government Aid from the state and the city has not budgeted for Market Value Homestead Credit (MVHC) monies. The MVHC program was eliminated in fiscal 2011, and effective fiscal 2012 was replaced by the homestead Market Value Exclusion, which is a reduction in taxable value to certain residential taxpayers. Notably, the city is no longer subject to state imposed operating levy limits, increasing financial flexibility. The city had accumulated alternate liquidity in various other funds over the years and has used these reserves to cash finance large capital projects. Beginning in 2008, the Cedar Grove Fund borrowed monies from various non -major governmental funds to finance land purchase, redevelopment and infrastructure. The city intended for tax increment financing (TIF) revenues to repay the funds. As growth in the regional and national economies has recently slowed down, there have been development delays in the city's Cedar Grove TIF district. In fiscal 2010, the TIF fund owed $39.1 million to the city's Capital Improvement Funds, Major Street Fund, and Public Utilities Fund. Officials expect the Cedar Grove fund will repay monies borrowed to the other funds over the medium to long -term, pending land sales and development. Officials report developers have expressed interest in 60 acres of the TIF. Despite the borrowings, the city's funds were healthy and held $27 million in cash across all governmental funds and an additional $13.5 million in non -major governmental funds. In addition, the city has not given any General Fund support for the TIF, and officials have no plans to do so. We will continue to monitor the deficit and development of the Cedar Grove TIF. LOW DEBT LEVELS WITH RAPID PRINCIPAL AMORTIZATION We believe Eagan's debt levels will remain low given the city's low debt burden with rapid principal amortization. At 0.3% and 1.5% of full value, respectively, the city's direct and overall debt burdens are below state and national medians. Principal amortization is rapid, with 86.4% of the city's direct debt paid in ten years. All of the city's outstanding debt is fixed r rate, and the city is not a party to swap agreements. Going forward, the city may issue debt for future equipment purchases. What could change the rating - UP - Strengthening of tax base and income indices - Maintenance of strong General Fund balance and liquidity levels What could change the rating - DOWN - Weakening of tax base valuation and /or socio- economic indices - Significant declines General Fund balance or other reserve levels KEY STATISTICS 2000 Census population: 63,557 (34.1% increase from 1990) 2010 Census population: 64,206 (1% increase from 2010) 2011 Full value: $6.7 billion 2011 Full value per capita: $104,356 2006 -2010 per capita income: 141.6% of US 2006 -2010 median family income: 153.3% of US Fiscal 2010 General Fund balance: $13.2 million (46.4% of General Fund revenues) Direct debt burden: 0.3% Overall debt burden: 1.5% Principal amortization (10 years): 86.4% Post -sale general obligation debt outstanding: $18.2 million Summary: Eagan, Minnesota; General Obligation Primary Credit Analyst: Errol Arne, New York (1) 212 - 438 -2379; errol_arne@standardandpoors.com Secondary Contact: Blake Yocom, Chicago (1 ) 312-233-7056- blake youcom@standardandpoors.com Table Of Contents Rationale Outlook Related Criteria And Research www. standardandpoors .com /ratingsdirect 1 Summary: Eagan, Minnesota; General Obligation US$1.66 mil taxable GO hsg imp bnds ser 2012A dtd 05/15/2012 due 02/01/2028 Long Term Rating AA+ /Stable New US$0.585 mil GO equip certs of indebtedness ser 20126 dtd 05/15/2012 due 12/01/2021 Long Term Rating AA+ /Stable New Eagan GO Long Term Rating AA+ /Stable Affirmed Rationale Standard & Poor's Ratings Services assigned its 'AA +' long -term rating and stable outlook to Eagan, Minn.'s 2012A taxable general obligation (GO) housing improvement bonds and 2012B GO equipment certificates of indebtedness. At the same time, Standard & Poor's affirmed its 'AA +' long -term rating and underlying rating (SPUR), with a stable outlook, on the city's existing debt. The rating reflects our assessment of the city's: • Participation in the Minneapolis -St. Paul economic base and role as an inner -ring suburb in the prosperous southern suburbs; • Very strong wealth and income levels; • Healthy financial performance with very strong fund balance levels, on both a dollar and a percentage -of- expenditures basis; and • Low -to- moderate debt levels as measured by debt per capita and debt as a percentage of market value, coupled with rapid amortization schedule. The city will pay debt service for the series 2012A bonds with fees pledged from benefited properties and a pledge of unlimited -tax full faith and credit and power to levy direct general ad valorem taxes. We understand that officials will use proceeds from the series 2012A bonds for housing improvements within Coachman Oaks. The city will pay debt service for the series 2012B certificates with a pledge of unlimited -tax full faith and credit and power to levy direct general ad valorem tax proceeds. We understand that officials will use proceeds from the series 2012B certificates to finance the acquisition of capital equipment. Eagan has a 2010 U.S. census population of 64,206 and is located 14 miles south of downtown Minneapolis -St. Paul, which allows residents access to the area's strong economy. Good highway access and proximity to the Minneapolis -St. Paul airport have contributed to steady growth in commercial and residential development and city officials say that the city is now fully developed. The city's net tax capacity has decreased by about 18% since fiscal 2009 to $76.3 million in fiscal 2011, and management expects a slight decrease for fiscal 2012 before leveling off. Despite the decline, the city's market value, a more accurate representation of sales price, was approximately $6.7 billion, which we consider extremely strong at $104,356 per capita. Median household and per capita effective buying income levels are very strong at 147% and 138% of the national Standard & Poors I RatingsDirect on the Global Credit Portal I April 24, 2012 2 Summary: Eagan, Minnesota; General Obligation levels, respectively, and remain well above the state averages as well. Eagan's unemployment levels have historically been below state and national figures through November 2011, the city's average unemployment rate was 5.5 %. The employment base is very diverse, with the top 10 taxpayers representing 7.3% of net tax capacity. Leading employers in the city include: • Thomson Reuters (6,000 employees), • Independent School District No. 196 (3,520), • Blue Cross -Blue Shield of Minnesota (3,100), and • United Parcel Service (1,498). Eagan's financial position is healthy, with strong general fund reserves. Property taxes generated 64% of general fund revenue in fiscal 2010. The city adopted a balanced budget for fiscal year -end Dec. 31, 2012, without the use of reserves. City officials expect results for 2011 to yield a usage of approximately $664,000 of reserves that included a one -time charge of $1.5 million to fund a fire - safety center. The last audit — 2010 -- produced a surplus in the general fund of $1.7 million, which increased the unreserved general fund balance to $13.3 million, which we consider very strong and equates 49.3% of expenditures. Officials pointed to higher grant revenue and lower expenditures due to attrition. The city also operates a multitude of capital project funds, including the Cedar Grove - Highway 13 Tax Increment Financing District Fund, which accounts for tax increment revenues, land acquisition, public infrastructure construction, and other costs related to the redevelopment of the Cedar Grove area of Eagan. The fund has operated on a deficit for the past few fiscal years, exacerbating the already negative fund balance, which totaled a negative $25.1 million in fiscal 2010. However, the city has stated that it has reduced the carrying costs of Cedar Grove by combining the water, sanitary sewer, and storm sewer into one utility system trunk fund, which advanced $15 million to the Cedar Grove fund. It's an interest free loan as opposed to a transfer so that if tax increment collections over the remaining term of the district exceed current estimates, funds can be returned to the combined utility trunk fund. Furthermore, $2.25 million was transferred (not loaned) to the Cedar Grove fund from the Housing fund, which had no other specific intended use. We consider Eagan's financial management practices "good" under Standard & Poor's Financial Management Assessment (FMA) methodology. An FMA of good indicates our view that financial practices exist in most areas but that governance officials might not formalize or regularly monitor all of them. The city has a thorough process for revenue and expenditure assumptions, does a comprehensive capital improvement plan that it updates regularly, and has a formal, well- considered fund balance policy. Furthermore, city officials closely monitor the status of the budget and the city's investment portfolio and report results to the city council monthly. The city does not employ a long -term financial plan. We consider Eagan's debt burden low at $1,605 per capita, or 1.5% of market value. Debt service carrying charges, in our view, were also low at 5% of governmental fund expenditures, less capital outlay, in fiscal 2010. Amortization is very rapid, in our view, with officials planning to retire 86% of principal over 10 years and 100% over 20 years. It is our understanding that the city does not have additional debt plans during the two -year outlook period. www. standardandpoors .conVratingsdirect MWE Summary: Eagan, Minnesota; General Obligation All full -time and certain part -time employees of Eagan are covered by defined benefit pension plans administered by the Public Employees Retirement Assn. of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost - sharing, multiple - employer retirement plans. According to the 2010 audit, the city made its required contributions of $767,303 and $872,076 to the GERF and PEPFE The city also contributes to the Eagan Volunteer Fire Department Relief Assn. and contributed $29,050 into this fund in 2010. The city provides other post - employment benefits for retired city employees and officials who meet PERA eligibility requirements and have been employed by the city for a minimum of 15 years. According to the 2010 audit, the city contributed $177,451. Management has stated that unaudited 2011 results will show that the Jan. 1, 2010, actuarial valuation liability of $3.9 million is overfunded as the value of the assets was $7.6 million. The total payments to the pension and health care funds represented 4% of total governmental expenditures. Outlook The stable outlook reflects our expectation that the city's continued healthy financial performance will support the maintenance of very strong fund balance levels in accordance with the city's policy. While we do not expect the rating to change during the two -year outlook period, we could raise the rating if the city adopts a long -term financial plan and debt management policy as part of its management practices. Related Criteria And Research USPF Criteria: GO Debt, Oct. 12, 2006 Complete ratings information is available to subscribers of RatingsDirect on the Global Credit Portal at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. Standard & Poors I RatingsDirect on the Global Credit Portal I April 24, 2012 4 Agenda Information Memo May 1, 2012 Eagan City Council Meeting VI. OLD BUSINESS B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTIONS TO BE CONSIDERED: Approve Ordinance Amendment to City Code Chapter 11, Sections 11.30 and 11.60, relating to Restaurant Definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. Approve Ordinance Amendment to City Code Chapter 5, relating to full- service and casual restaurant definitions and direct the City Attorney to publish a summary amendment in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City Council directed staff to prepare amendments to Chapter 11 and Chapter 5 at the March 13, 2012 Special City Council meeting. ➢ Chapter 11 currently defines restaurants as either Class I or Class II. The restaurant industry continuously tweaks service models and more and more Planning staff has struggled to fit certain restaurant models into one of the two existing categories. ➢ The proposed amendment to Chapter 11 will create four restaurant classifications Full Service, Casual, Fast Food and Delivery or Take -out. The amendment will also essentially replace any reference to Class I restaurant with Full Service and Casual and any reference to Class II restaurant with Fast Food and Delivery or Take -out. ➢ Allowing restaurants as `permitted' or by `conditional use' based on the Zoning category will not change. ➢ The APC held a Public Hearing regarding the Chapter 11 amendment on April 24, 2012 and they are recommending approval. ➢ The proposed amendment to Chapter 5 deletes the existing restaurant definitions and utilizes the Chapter 11 definitions of Full Service and Casual Restaurants. Full Service Restaurants are eligible for liquor, beer and wine licenses. Casual V� Restaurants are eligible for beer and wine licenses. Fast Food and Delivery or Take- out Restaurants are not eligible for alcohol licenses. ➢ The proposed Chapter 5 amendment removes the 50 percent food service requirement. ➢ State Statute requires minimum seating capacities of 25 seats to be eligible for a Wine License and 30 seats to be eligible for a Sunday Liquor License. The proposed Chapter 5 amendment removes all other seating requirements. ATTACHMENTS: (3) Staff report on pages % through Q�. Draft Chapter 11 Ordinance Amendment on pages 93 through 9p, �. Draft Chapter 5 Ordinance Amendment on pages �hroughQ�. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2012 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 02 -03 -12 HEARING DATE: April 24, 2012 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Sections 11.30 and 11.60 regarding restaurant definitions. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUND/HISTORY The Department of Administrative Services approached the City Council late last year regarding issues with certain restaurant establishments in the City in relation to their percentage of food versus liquor sales that were not consistent with requirements established in the City Code. The City Council directed the City Clerk's office to prepare background and provide research by polling other communities. In addition, staff also pointed out to the City Council that the definition(s) of restaurant were not consistent between City Code Chapters 5 & 11 and asked that the council direct staff to update the current Chapter 11 definitions to be more reflective of the current restaurant industry offerings and to provide consistency within the City Code chapters. rI Planning Report — Ordinance Amendment April 24, 2012 Page 2 EXISTING CONDITIONS Presently, Chapter 11 defines restaurant in one of two ways: • Class I: "Eating establishments where food and /or beverages are ordered, served, and consumed by customers seated at a counter or a table on the premises. Class I restaurants may include eating establishments where food and /or beverages are selected by a customer while going through a serving line and taken to a table for consumption." • Class II: "Fast food, drive -in, cafeteria, and carryout or delivery type restaurants. Class II restaurants include establishments that sell prepared and pre - prepared food and /or beverages directly to customers without table service, for consumption on or off - premises. Class II restaurants may include drive -up order, pick -up or delivery services." EVALUATION OF REQUEST The restaurant industry continuously tweaks service models and more and more Planning staff has struggled to fit certain restaurant models into one of the two existing categories. Staff researched other communities, worked with the City Clerk and the City Attorney and ultimately created a new set of restaurant categories listed here: Restaurant — Full Service: An eating facility that provides full wait staff service where food/ beverages are ordered, served and consumed by the customer while seated at a table, booth or counter. Accessory use may include take -out food service. No drive - through service is provided. Restaurant — Casual: An eating facility where customers place their order at a counter and either the customer takes the food/beverage to a table or wait staff serves the foodibeverage at the customer's table for on- premise consumption. Accessory use may include take -out food service. No drive - through service is provided. Restaurant — Fast Food: An eating facility where drive - through service is provided and customers may place their food order either at a counter inside the facility or from the customer's motor vehicle outside the facility by use of a drive - through service. This type of restaurant also includes a `drive -in' establishment where food and beverages are ordered from and consumed in the motor vehicle upon the premises outside of the building. Restaurant — Delivery or Take -Out: A facility where food is prepared, ready -to -eat or partially ready -to -eat and either picked up by or delivered to the customer for off - premise consumption. This type of restaurant may have a limited amount of seating, but not for more than 24 guests at one time. At their March 13, 2012, Special Meeting, the City Council reviewed the suggested definitions and directed staff to work with the City Attorney to prepare an ordinance amendment to Chapter 11 to update the definitions and apply them to the pertinent Zoning categories. QI Planning Report — Ordinance Amendment April 24, 2012 Page 3 The proposed amendment will essentially replace any reference to Class I restaurant with Full Service and Casual and any reference to Class Il restaurant with Fast Food and Delivery or Take- out. Allowing restaurants as `permitted' or by `conditional use' based on the Zoning category will not change. Also, `drive - through' as defined in the City Code, is generic in that it covers restaurants, banks, pharmacies, etc. While working through the specifics to incorporate the changes the City Attorney determined that a restaurant specific drive - through definition would also be wise. That suggested definition is as follows: Drive - through Service -- Restaurant: An accessory use of a restaurant whereby a customer pays for and picks up his/her foodibeverage order from a vehicle at a window of the restaurant facility regardless if the food may only be ordered in advance of arrival to the site or ordered while in a drive - through lane on the site via a menu board - ordering intercom system. SUMMARY /CONCLUSION The goal is to dovetail an amendment to update definitions with an amendment needed to provide consistency between Chapters 5 and 11. Planning staff believes that modernizing the restaurant definitions will provide clarity that will better serve residents, developers and brokers. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.30 and 11.60 regarding restaurant definitions. Q?- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" REGARDING RESTAURANT DEFINITIONS; AND <, BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION. I L99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleyen is hereby amended by deleting and adding the following definitions in Section 11.30 to read 4 - Kestaurant means an order from a vehicle at a window of restaurant facility: regardless if the food may be ordered in advance of arrival to the site or provided. - Full on the site via a menu board - orderina intercom and take -out — Casual means an eating facility where customers place their order at a counter and either the customer takes the foodibeverage to a table or wait staff serves the food/beverage at the customer's table for on- premise consumption Accessory use may include take -out food service. No drive - through service is provided. Restaurant — Fast Food means an eating facility where drive - through service is provided and customers may place their food order either at a counter inside the facility or from the customer's motor vehicle outside the facility by use of a drive - through service This type of restaurant also includes a "drive -in" establishment where food and beverages are ordered from and consumed in the motor vehicle upon the premises outside of the building, 1 Restaurant — Delivery or Take -Out means a facility where food is prepared ready-to-eat or partially ready -to -eat and either picked up by or delivered to the customer for off-premise consumption. This type of restaurant may have a limited amount of seating but not for more than 24 guests at one time. Section 2. Eagan City Code Chapter Eleven is hereby, amended by changing Section 11.60, Subd. 10(C)(9) to read as follows: 9. Restaurants — Full Service and .Casual Class= T;only those granted a permit according to appfkable C provisions tb �rve 3.2 beer or wine and an outdoor dining area m y�aijunction therewith; subject to the regulations thereofgsewhere iAis chanter_ Section 3. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.60, Subd. 11(B)(20), Subd. 11(C)(15 ):,and Subd 1::(D)(7) to read, as follows: LOU — Full Service class 4 (on -sale liquor subject to conditional use uses. Restaurants — Fast Food & Delivery or Take -Out Class if and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. D. Permitted accessory uses. 7. An outdoor dining area in conjunction with a Glass T or r, Full Service or Casual restaurant, except an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned 2 development approval as applicable, and any outdoor dining area shall be subject to the regulations thereof elsewhere in this Chapter. Section 4. Eagan City Code Chapter Eleven Subd. 12(B)(18), Subd. 12(C)(9), and Subd. 12(D)(( B. Permitted uses. dining area Conditional uses' accessory uses. by changing Section 11.60, on -sale liquor). Fast'Rood and Delivery or Take -Out and any outdoor to the regulations thereof elsewhere in this chapter. 6. An outd6br dining area in conjunction with a Cuss 1 Full Service or Casual restaurant; except an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor dining area shall be subject to the regulations thereof elsewhere in this Chapter. Section 5. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.60, Subd. 13(B)(7), Subd. 13(C)(16) and Subd. 13(D)(7) to read as follows: B. Permitted uses. 7. Restaurants - elass 1 Full Service and Casual. 3 C. Conditional uses. 16. Restaurants — Glass I Fast Food and,Delivery or Take -Out and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. D. Permitted accessory uses.' 7. An outdd&Zinmg 6 in conjunction with a Class T or GI Full Service or Casual rdstaur ti'x' except an outdoor dining area that does not meet the special use setbap`c rom a residential property or that provides seating for .. .. more than 24 persons Is subject to ra conditional use permit or planned developmerii; approval as p licable, sand any outdoor dining area shall be subject to the,i gulations thereof elsewhere in this Chapter. Subd. 14(B)(12) arid_: City Code - Chapter Eleven is hereby amended by changing Section 11. 60, i .14(D)(4) to read as follows: uses. :staurants — Class 1 Full Service and Casual. D. Permitted accessory uses. 4. An outdoor dining area in conjunction with a Class Full Service or Casual restaurant, except an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor dining area shall be subject to the regulations thereof elsewhere in this Chapter. 4 Section 7. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.60, Subd. 17(C)(8) to read as follows: C. Conditional uses. 8. Restaurants — Class 1 Full.Sen conjunction therewith, subject Chapter. 7iee and Casual and any outdoor dining area in to-the regulations thereof elsewhere in this Section 8. Eagan City'.ode ChapterEleven' Subd. 21(B)(9), Subd. 21(C)(5)-" and ;Subd ,24'(D)(4) to B. Permitted uses. .Within .the 'CGD no or more of the following uses,;pxovi( :sa'uare'feet in floor area: s C. :by amended by changing Section 11.60, as follows: ure or land may be used, except for one zch use is equal to or less than 10,000 restaurants — Full Service 5.'1;01 An outdoor dining area in conjunction with a Class 4 Full Service or Casual restaurant - except an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor dining area shall be subject to the regulations thereof elsewhere in this Chapter. D. Conditional uses. Within the CGD, no structure or land may be used for the following uses except by conditional use permit: 5 a 4 Class 11 festa tfant Restaurant — Fast Food and Delivery or Take -Out and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. Section 9. Summary approved. The City Col summary marked "Official Summary of Ordinance N clearly informs the public of the intent and effect:of tl determines that publication of the title and such sumn and effect of the ordinance. Section 10. Eagan City Code Chapter 1` e Applicable to the Entire City Code Including 'Per "Violation a Misdemeanor" aro,`herebv adopted in verbatim. Section 11. Effective publication according to law. $y: Christ i a IM S City Clerk Date-Ordinance Ai Date Ordinance P.0 in the Legal Newspaper: Date of Advisoty Planning Commission Hearing: hereby determines that the text of the A copy of which is attached hereto, dinarce. The City Council further will clearly inform the public of the intent eneral Proviskns and Definitions liolation "' anaection 11.99, entitled irety by reference as though repeated take effect upon its adoption and '-ITY OF EAGAN City Council By: Mike Maguire Its: Mayor ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED 'BEER, WINE,:. AND LIQUOR LICENSING AND REGULATION" REGARDING RESTAURANT DEFIN ITIONS FOR ON -SALE LICENSE ELIGIBILITY; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by deleting and adding the following definitions in Section 5.01 to read as follows: ordered, served, and eensumed at the eustemer's table. Full - service restaurant shall have the meaning as the term is defined in the zoning regulations of Chapter 11 of this Code. MAP r. � p OWN UNION �1. 1111M ordered, served, and eensumed at the eustemer's table. Full - service restaurant shall have the meaning as the term is defined in the zoning regulations of Chapter 11 of this Code. MAP Casual restaurant shall have the meaning as the term is defined in the zoning regulations of Chapter 11 of this Code. Section 2. Eagan City Code Chapter Five is hereby amended by changing Section 5.33, subd. 6, to read as follows: Subd. 6.• On -sale licenses shall be granted only to bona fide clubs, teal full- service or casual restaurants, golf courses /clubs, and hotels. Off -sale licenses may be granted to liquor stores, brewpubs operated in connection with a restaurant establishment, and general food stores. Section 3. Eagan City Code Chapter Five is hereby amended by changing Section 5.52, subd. 5, 10 and 11(B), to read as follows: Sec. 5.52. Liquor license restrictions and regulations. Subd. 5. No person under the age of 18 years shall be employed upon premises or in any rooms constituting the same, except that persons under the age of 18 years may be employed as musicians or to perform the duties of a busboy or dish - washing services in a place defined as a full - service restaurant or hotel. Subd. 10, On -sale licenses shall be granted only to hotels, tfaditional full- service restaurants and clubs. Subd. 11. Thirty-seven on -sale licenses may be authorized. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit or terms of planned development approval. The 37 licenses shall be distributed as follows: B. 27 licenses for tFaditional full- service restaurants; Section 4. Eagan City Code Chapter Five is hereby amended by changing Section 5.54 to read as follows: The electorate of the city having heretofore authorized the same, a Sunday on -sale liquor license may be issued to hotels, motels, full- service restaurants, or clubs, as defined in this chapter, which have on -sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 2:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act. Section 5. Eagan City Code Chapter Five is hereby amended by changing Section 5.70, Subd. 3(H) to read as follows: Subd. 3. On -sale wine license restrictions and regulations. H. On -sale wine licenses shall be granted, only to full- service or casual restaurants with seating capacity for 25 or more guests at one time. Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 8. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipiom Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor AD/ Agenda Information Memo May 1, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — MAGGIE MELL ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ A Conditional Use Permit (CUP) to board up to 9 horses was heard by the City Council on May 19, 2009. The Council tabled the CUP permit and recommended the applicant apply for an Interim Use Permit (IUP). ➢ An IUP for the boarding of up to five horses was approved on July 7, 2009. The IUP expires on July 7, 2012. ➢ The applicant platted the 5 acre property in 2009 as a condition of the IUP approval. ➢ A single family home and attached garage are present on the site. Also present are a barn and two run -ins, a riding arena and a rear paddock that was section into thirds as a condition of the IUP approval. ➢ The property is wooded, with steep terrain that generally slopes toward Patrick Eagan Park to the west. ➢ The 2009 proposal was reviewed and a site visit was conducted by: • A Resource Conservationist with Dakota County Soil & Water Conservation District. • Eagan Animal Control. • City Parks & Recreation, Planning and Water Quality staff. ➢ The DNR also reviewed the 2009 proposal and did not oppose the request. Imo. ➢ City Code does not have codified standards for the boarding of horses. Consultation with the aforementioned agencies, as well as with an Agriculture Extension Educator with the University of Minnesota Extension service provided information for review of the request and conditions of approval. ➢ Erosion control and manure management were specifically reviewed by the Dakota County Resource Conservationist and deemed acceptable. The conditions of approval will allow public agencies on -going access to the site for monitoring compliance with the manure management plan. ➢ There have been no known complaints of the existing use to City staff since the 2009 IUP approval. ➢ Planning staff has contacted Dakota County and has received response that the site is in compliance with their permit. ➢ The applicant is not proposing any changes to the operation from the existing IUP approval. ➢ The Advisory Planning Commission held a public hearing on April 24, 2012, and is recommending approval of this Conditional Use Permit. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: May 17, 2012 ATTACHMENTS: (3) Location map on page �d Draft April 24, 2012 APC minutes o1n� a'ge � through 100. Staff report on pages through l Lt rev 7 11 a Advisory Planning Commission April 24, 2012 Page 2 of 17 IV. PUBLIC HEARING New Business A. Hidden Horse Stables Applicant Name: Homeowner Location: 4085 Lexington Ave S; Lot 1, Block 1, Hidden Horse Stables Application: Conditional Use Permit A Conditional Use Permit to allow boarding of up to 5 horses. File Number: 22- CU- 02 -03 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 17, 2012. She noted the background and history. Applicant John Schonberg explained the request, provided history and stated he and his wife were available for questions. Member Supina asked for an explanation on Coggins Testing. Maggie Mell, applicant, explained Coggins Testing that rules out Equine Infectious Anemia, a communicable disease in horses. Chair Heaney opened the public hearing, There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the'Commission. Member Piper moved, Member Supina seconded a motion to recommend approval of a Conditional Use Permit to allow boarding of up to five horses on property located at 4085 Lexington Avenue South, legally described as Lot 1, Block 1, Hidden Horse Stables Addition, subject to the following conditions: 1, This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording shall be submitted to the City. 2. The applicant shall utilize the site as identified on the Site Plan received March 19, 2012. 3. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 4. The applicant shall meet all environmental and water quality standards. 5. No signage shall be displayed for advertising of the boarding facility. 6. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 7. No horses shall be buried on the property. 8. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received March 19, 2012. The manure shall be picked up weekly and removed from the site on a semiannual basis. 9. There shall be no additional removal of trees or vegetation of any kind on the property. 10. The paddock shall remain sectioned into thirds as was required with the 2009 approval, which includes an electrical fence to be in place as per the submitted maintenance plan. 11. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. Advisory Planning Commission April 24, 2012 Page 3 of 17 12. Soil samples shall be submitted annually to the university of Minnesota Soil Testing Lab for "regular series" and results provided to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 13. The east frontage of the property along Lexington Avenue shall remain fenced with a gate at the driveway. 14. Annual Coggins testing shall be administered to the horses with results made available to City staff. Following the motion and the second, Member Filipi stated Coggins Testing does not appear to be related to land use and suggested it should be removed from Land Use Permit list of conditions. Planner Thomas explained that a City Council Member added the condition during the Interim Use Permit approval in 2009 and conditions were copied over to this application to cover all bases. City Attorney Bob Bauer stated the condition may have been a result of an investigation working with the HPA (Horse Protection Act). He recommends the condition remain until further research is done to determine the reason for the condition. Chair Heaney stated it relates to health and safety. Member Filipi stated satisfaction with retaining the condition. All voted in favor. Motion carried 7 -0 RWM PLANNING REPORT CITY OF EAGAN REPORT DATE: April 17, 2012 APPLICANT: Maggie Mell PROPERTY OWNER: Maggie Mell REQUEST: Conditional Use Permit LOCATION: 4085 Lexington Avenue S COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agriculture SUMMARY OF REQUEST CASE: 22- CU- 02 -03 -12 HEARING DATE: April 24, 2012 APPLICATION DATE: March 19, 2012 PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit to allow boarding of up to five horses located at 4085 Lexington Avenue South, legally described as Lot 1, Block 1, Hidden Horse Stables. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Im Planning Report — Maggie Mell CUP April 24, 2012 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDIHISTORY The applicant applied for a Conditional Use Permit (CUP) for a riding arena and a CUP for the boarding of up to 10 horses which were heard by the City Council on May 19, 2009. The City Council approved the CUP for the riding arena and tabled action on the CUP for the boarding of horses and suggested the applicant consider requesting an Interim Use Permit (IUP). On July 7, 2009, the City Council approved the IUP to allow for boarding of up to five horses on the property for a three year term that expires on July 7, 2012. The applicant has adhered to the conditions of the IUP approval. BACKGROUND/EXISTING CONDITIONS The property consists of approximately 5 acres and much of the property is wooded with steep terrain. A single family home with an attached garage is present on the site. The site has housed horses for many years. A fenced paddock exists in the rear yard, approximately 0.5 acres in size and is sectioned into thirds, to prevent overgrazing as required with the 2009 IUP. A paddock is defined as a small, usually enclosed field near a stable or barn for pasturing or exercising animals. A three -stall barn and two run -in's (a three- sided structure for shelter from the weather) also exist in the rear yard. A riding stable exists in the front yard. Planning Report — Maggie Mell CUP April 24, 2012 Page 3 Patrick Eagan Park shares the west property line of the subject site. To the north and south are single family homes and to the east is Lexington Avenue which is screened by wooded areas. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is requesting approval of a CUP to allow a small scale boarding facility on this agricultural property. The applicant proposes five horses to be allowed with the boarding facility. The applicant is not proposing any changes from the 2009 IUP approval, but wishes to have the permanent approval to reduce the cost of repeating the process every three years. Compatibility with Surrounding — The proposed use is allowed within the A zoning district via a CUP. The boarding facility has been in operation for three years and staff is unaware of any complaints from surrounding property owners. Site Plan — The applicant does not propose any changes from the approved 2009 Site Plan. Environmental — City staff verified the site is in compliance with the Dakota County Soil and Water Conservation District (SWCD). Staff worked with the Minnesota Pollution Control Agency (MPCA) and SWCD to gain a better understanding of pasture and manure management for recreational horse owners in 2009 when the original permit applications were received. Research was also conducted through the University of Minnesota Extension Service and the MN Department of Agriculture. A Feedlot Registration form is required by the MPCA for properties having more than 10 animal units within the shoreland area; however, the applicant is not proposing that many horses. Additional findings from the 2009 research include the following: Expansion — The site was determined not to be expanding within the required area, as the riding stable was planned, and ultimately constructed, east of the existing barn and paddock area. S' Existing Use Zoning Land Use Designation North Single Family home R -1, Residential Single Family LD, Low Density South Single Family home R -1, Residential Single Family LD, Low Densit East Lexington Ave R -O -W West Patrick Eagan Park P, Park P, Parks, Open Space and Recreation EVALUATION OF REQUEST Proposal — The applicant is requesting approval of a CUP to allow a small scale boarding facility on this agricultural property. The applicant proposes five horses to be allowed with the boarding facility. The applicant is not proposing any changes from the 2009 IUP approval, but wishes to have the permanent approval to reduce the cost of repeating the process every three years. Compatibility with Surrounding — The proposed use is allowed within the A zoning district via a CUP. The boarding facility has been in operation for three years and staff is unaware of any complaints from surrounding property owners. Site Plan — The applicant does not propose any changes from the approved 2009 Site Plan. Environmental — City staff verified the site is in compliance with the Dakota County Soil and Water Conservation District (SWCD). Staff worked with the Minnesota Pollution Control Agency (MPCA) and SWCD to gain a better understanding of pasture and manure management for recreational horse owners in 2009 when the original permit applications were received. Research was also conducted through the University of Minnesota Extension Service and the MN Department of Agriculture. A Feedlot Registration form is required by the MPCA for properties having more than 10 animal units within the shoreland area; however, the applicant is not proposing that many horses. Additional findings from the 2009 research include the following: Expansion — The site was determined not to be expanding within the required area, as the riding stable was planned, and ultimately constructed, east of the existing barn and paddock area. S' Planning Report — Maggie Mell CUP April 24, 2012 Page 4 The MPCA prohibits new feedlots within 1,000 feet of Department of Natural Resources (DNR) protected lakes, however expansion of existing feedlots under 1,000 animal units is allowed as long as the expansion is not located closer to the ordinary high water level than any existing portion of the animal feedlot or manure storage areas; which is the case here. From aerial photographs, it appears that the existing feedlot (the barn where the horses are stabled) is approximately 790 feet from the edge of McCarthy Lake, which is a protected lake. Manure Management — There are many MPCA rules for manure management and where potential manure stockpiles can be placed. The MPCA provides a form with a good overview of those rules. Specific to this site, a few of the most important rules are: • Stockpiles are prohibited on land with greater than 6% slope. (Much of the property has greater than 6% slopes.) • The same stockpile site cannot be used from year to year. All of the accumulated manure is required to be removed from the site at least once per year and spread on cropland at agronomic rates as fertilizer. The applicant has utilized a location outside of the 1,000 foot distance which is near the riding stable. The manure is picked up weekly and the dumpster is removed on a biannual basis. Number of Animal Units — There does not appear to be a definitive answer as to how many horses are allowed per acre or per grazable area. Research conducted in 2009 found that the suggested numbers range between one half acre to two acres per horse. Animal Mortality — Animal mortality will unfortunately occur. A condition of approval does not allow horses to be buried on the property. Animal Control — The City of Eagan's Animal Control Officer has stated that there have been no issues with the site during the three years of operation. Signage — No signage is proposed. This is included as a condition of approval to keep unnecessary traffic off of the site. As the applicant has previously stated, "We do not want people driving in knowing horses are here, from the road a passerby would never know. Privacy is important to us...it is to remain a home first and foremost ". Grading/Topography — The property slopes to the west where the approximate 0.5 acre paddock is located and toward Patrick Eagan Park. Erosion Control — The applicant has sectioned off the paddock to reduce runoff from the site and erosion of the property, as required by the conditions of the IUP approval. If erosion into the park occurs, additional steps may be necessary to resolve the issue. Ito Planning Report — Maggie Mell CUP April 24, 2012 Access — Access exists and would remain from Lexington Avenue. No additional parking is proposed as the only additional traffic would consist of an occasional trailer used for transporting the horses. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow boarding of horses which is intended to replace the IUP approved in 2009. Through proper manure management and appropriate grazing methods to limit erosion, the use of the site as a boarding facility, the operation has not experienced any issues with the City or any other governmental agency. The applicant proposes to maintain the existing conditions as approved with the 2009 IUP. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow boarding of up to five horses on property located at 4085 Lexington Avenue South, legally described as Lot 1, Block 1, Hidden Horse Stables. If approved the following conditions shall apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording shall be submitted to the City. 2. The applicant shall utilize the site as identified on the Site Plan received March 19, 2012. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 4. The applicant shall meet all environmental and water quality standards. 5. No signage shall be displayed for advertising of the boarding facility. 6. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. 7. No horses shall be buried on the property. 8. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received March 19, 2012. The manure shall be picked up weekly and removed from the site on a semiannual basis. 9. There shall be no additional removal of trees or vegetation of any kind on the property Planning Report — Maggie Mell CUP April 24, 2012 Page 6 10. The paddock shall remain sectioned into thirds as was required with the 2009 approval, which includes an electrical fence to be in place as per the submitted maintenance plan. 11. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. 12. Soil samples shall be submitted annually to the university of Minnesota Soil Testing Lab for "regular series" and results provided to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 13. The east frontage of the property along Lexington Avenue shall remain fenced with a gate at the driveway. 14. Annual Coggins testing shall be administered to the horses with results made available to City staff. City of EapIl Current Zoning and Land Use Map Application: Hidden Horse Stables Type: Conditional Use Permit Case No.: 22- CU- 02 -03 -12 Zoning A Agriculture Land Use Plan LD, Low Density N 0 300 600 1,200 Feet �1 _r 414 1ZNi k. �09* � � � Mar � � ,l. ;'!��. r .. +' `* """r, -+" .. .. �. - �.?' Aft* ir YON I Al 71 All Ar, SITE PLAN S 0 °07'52 °W 380.08 (PER DEED) S 00 07159 W 380.62 (MEAS.) - 2 %L� F THE EAST 1/2 OF THE EAST 1/2 OF THE S� „a 0 t "Z2�� r-+_�c� l.v� s '✓bJ- 1 I S \ 9'; LTG` W, •� �-a�v. �1 I��zoll N / 11 �Y P n cn ° 4- 6) m _ cp U fi 3 Q (A W Q? ( 0 Q a) rT O S W = ,) u mb _ m'" J -T K -- •J L � N� r •% � �Soa,da �o CD 1 S1 oz hb� w •D 0 N A W 140.66 >11 00 '- N 0 °09`24" E - 109.34 w �o a T2 m ♦ m N mrr `z1 ♦ -u :o an En m �m CO 0 s z fRo m mz 7 Ln 1 ` v pU n w po — b m m to < m 'cc) N O O (/ 0 n n 'o p \ N J % �S 3 S � W i 1 O RECEIVED MAR 19 2012 a M ■ ■ 3 -19 -2012 John Schonberg and Maggie Mell at 4085 Lexington Ave S. Eagan, Mn. 55123 are applying for a Conditional Use Permit based on our Interim Use Permit granted in 2009. We would like a CUP to eliminate the cost to repeat the process every three years of an IUP. We have moved our fence inside the property line and maintained our existing fences. The lower paddock was sectioned off into thirds. Pay for a monthly rental of a dumpster to store horse manure outside the Shoreland Overlay District Removed manure on a bi- annual basis. Soil testing to University of Minnesota Met state environmental and water quality standards Coggins Tests were administered and results given to the City MPCA guidelines adhered to for manure management Dakota County permit approved City and County agents inspection No signage or advertising of boarding facility No buried horses No removal of trees or vegetation Moved our fence inside property line to give extra space for vegetation and grasses to grow and create buffer to eliminate soil erosion A gate was put in at the driveway. Property was platted by Jacobson Engineers permit was issued We have met all of the conditions of the IUP and will continue to meet the conditions annually. RECEIVED MAR 19 2012 It in City Council Minutes July 7, 2009 CITY COUNCIL MINUTES JULY 7 2009 Page 3 OLD BUSINESS There were no old business items. NEW BUSINESS INTERIM USE PERMIT — MAGGIE MELL City Administrator Hedges introduced this item regarding an Interim Use Permit to allow boarding of up to seven horses at 4085 Lexington Avenue south. He noted that this item was presented to the City Council as a proposed conditional use permit on May 19, 2009. City Planner Ridley gave a staff report and suggested two additional conditions of approval. John Schonberg and Maggie Mell were present and available for questions. Councilmembers discussed the City Attorney's response to the question regarding the feedlot permit required by Dakota County. Peter Ramstad, neighboring property owner, further discussed the requirements by the County.for a feedlot. He stated that he does not object to issuance of a feedlot permit but that he does object to the number of horses proposed for the property. He commented also on the dimensions of the subject parcel and further requested that the manure container be required to have a cover. Councilmembers held a discussion which included, the number of horses that should be allowed on the property and where the horses would be exercised, the need for a vegetative buffer, soil testing that should be required on a regular basis, potential runoff into Patrick Eagan Park, manure containers, fencing and /or gating of the property, and Coggins testing / verification. Mr. Schonberg noted that the proposed use of the property is not a commercial use. He further noted that the manure container has a cover, and a gate could be installed at the end of the driveway near Lexington Avenue which is the only area that the horses would be able to exit the property. He stated that the horses would be moved from the barn to the riding area daily for exercise, as well as being ridden in Lebanon Park. Ms. Mell addressed the Coggins testing, stating it has always been her practice to test her horses. She stated she would provide documentation of the tests. Councilmember Tilley stated she was opposed to seven horses being kept on five acres. Councilmember Bakken stated that he had done additional research and that seven horses can be managed on the site provided proper maintenance is utilized. He also stated his support for a vegetative buffer between eh lower paddock and the park property is appropriate and that he would suggest annual soil testing via the University of Minnesota Extension Service. Councilmember Fields stated she also did additional research and stated that the useable area of this property for horses if far less than five acres. She stated she was uncertain if keeping seven horses on such a small parcel of land was humane. She further noted that Ms. Mell is not to ride her horses in Patrick Eagan Park, and if she does so, Councilmember Fields would be very upset. Mr. Schonberg stated he understood the concerns raised by Councilmembers but suggested that was the purpose of changing the application from a Conditional Use to and Interim Use. He stated they would like to have the chance to show the Council and neighbors that they can manage the site and all of the conditions of approval associated with the requested permit. 1,. �� City Council Minutes July 7, 2009 Page 4 Mayor Maguire commended the applicants for their perseverance and cooperation throughout the process of considering their request. He also stated that he appreciates all of the concessions they have made and also stated that he will not support a reduction in the number of horses from seven. Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow boarding of up to seven (7) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the conditions in the Advisory Planning Commission minutes of June 23, 2009. Discussion following the motion included Councilmembers Fields and Tilley stating their belief that seven horses was too many for the site. Councilmember Hansen suggested changing the number of horses from seven to five. Councilmember Bakken stated he was not in favor of the change. Mayor Maguire said he agreed with Mr. Bakken and further stated his belief that the Interim Use Permit has been overly regulated already. Councilmember Hansen requested a friendly amendment to the motion, changing the number of horses from seven to five. Mayor Maguire did not accept the amendment. A vote was taken on the amendment which passed 3 -2. Councilmember Tilley stated her support for the amended motion was due to the fact that there had been no horses on the site for a number of years and that the riding arena was previously approved. Councilmember Fields clarified that she was not in attendance at the May meeting but had shared with Councilmember Bakken her desire that an interim use permit be used rather than a conditional use permit. Councilmember Bakken stated that he is sorry and disappointed with the disservice this action represents. The motion was amended to read: Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the following conditions: Aye: 3 Nay: 2 (Mayor Maguire and Councilmember Bakken opposed). 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in three years (July 7, 2012). 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 5. The applicant shall meet all state environmental and water quality standards. 6. There shall be no more than seven horses on the site for the purpose(s) of boarding and personal use. 7. No signage shall be displayed for advertising of the boarding facility. 8. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. City Council Minutes July 7, 2009 Page 5 9. No horses shall be buried on the property. 10. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received June 10, 2009. The manure shall be picked up weekly and removed from the site on a biannual basis. 11. There shall be no additional removal of trees or vegetation of any kind on the property. 12. The applicant shall section off the lower paddock into thirds to reduce overgrazing and erosion of the property. An electrical fence shall be in place according to the maintenance plan in the narrative received June 8, 2009. 13. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. 14. The portion of the fence currently located on park property shall be removed and relocated or rebuilt within the applicant's property line. 15. The property must be platted and a building permit issued prior to the issuance of the Interim Use Permit. 16. The applicant shall receive and maintain an interim permit from Dakota County for correction of pollution hazard. 17. Soil samples shall be submitted annually to the University of Minnesota Soil Testing Lab for ,.regular series" and results provide to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 18. The east frontage of the property along Lexington Avenue shall be fenced with a gate at the driveway; provided no trees shall be removed. 19. Annual Coggins testing shall be administered to the horses with results made available to City staff. PLANNED DEVELOPMENT AMENDMENT — TOWN CENTRE 100 (TOWN CENTRE SHOPPES) City Administrator Hedges introduced this item regarding a planned development amendment to allow detached recycling enclosures at the three buildings of Town Centre Shoppes and to allow an outdoor dining area located at 1260 Town Centre Drive (Sambol restaurant). City Planner Ridley gave a staff report. The applicant was present to answer questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow detached recycling enclosures at the three buildings of Town Centre Shoppers, legally described as Lots 3 and 4, Block 1, Town Centre 100 Sixth Addition and Lot 1, Block 1, Town Centre 100 20th Addition, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. A building permit is required prior to construction of the enclosures. 3. The enclosures shall be located as shown on the Site Plan dated May 20, 2009. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow an outdoor dining area located at 1260 Town Centre Drive (Sambol restaurant), legally described as Lot 3, Block 1, Town Centre 100 Sixth Addition, subject to the following conditions: Aye:5 Nay:0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. The outdoor seating shall be contained within the fenced area as shown on the Patio Plan dated June 4, 2009. 3. The outdoor dining patio shall not obstruct pedestrian movement. X 110 SWCD COMPLIANCE Sarah Thomas From: Becker, Brad <Brad.Becker @CO. DAKOTA. MN. US> Sent: Wednesday, March 28, 2012 10:53 AM To: Sarah Thomas Subject: RE: 4085 Lexington Ave, Eagan Thanks Sarah. Maggie contacted me a few weeks ago regarding the same issue. I'll just reword the same language I sent to her and forward it to you: Because of the site's animal unit capacity and the way the Minnesota Pollution Control Agency (MPCA) feedlot rules are written, the feedlot located at 4085 Lexington Avenue was only required to secure an initial Interim Permit from Dakota County. That Interim Permit set forth a handful of conditions that the feedlot owners were required to meet before August 18, 2011 - most notably - locating the manure storage bin outside of McCarthy Lake's 1,000' Shoreland area setback. A site inspection on June 23, 2010 concluded that all of the Interim Permit's conditions had been met. So long as the feedlot owners continue to follow all applicable MPCA feedlot rules, no further permitting from Dakota County is required. Thanks again, Sarah. Please let me know if that language is not adequate or if you have any questions. Brad Becker Dakota County Soil & Water Conservation District From: Sarah Thomas [mailto:SThomas @cityofeagan.com] Sent: Wednesday, March 28, 2012 10:27 AM To: Becker, Brad Subject: RE: 4085 Lexington Ave, Eagan Hi Brad, Touching base with you once again as Maggie Mell has applied for a Conditional Use Permit for the boarding of up to 5 horses on her property. The IUP which was approved in 2009 will expire on July 7, 2012. Maggie is hopeful that the CUP is approved which will allow her the boarding of horses in perpetuity. I've attached the complete letter provided to Maggie for your information. If you could, it would be helpful to receive a response from you via separate e-mail or letter format that could be included in the public packet outlining any concerns and /or confirming compliance. Thank you- Sarah Sarah Thomas I Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651- 675 -5696 1651- 675 -5694 (Fax) I sthomasna.citvofeagan.com �{ of Elan THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Becker, Brad [ mailto : Brad. Becker @CO. DAKOTA. MINI. US] Sent: Tuesday, October 11, 20114:09 PM To: Sarah Thomas Subject: RE: 4085 Lexington Ave, Eagan Agenda Information Memo May 1, 2012, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT — EP DEVELOPMENT, LLC ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a medical office at 3010 Denmark Avenue, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The vacant 1.5 acre property is zoned PD (Planned Development) and was previously approved for a 6,450 sq. ft. Class I restaurant. ➢ The property was originally platted in 1988 and in 1998 a PD approved a two - building development. ➢ The hotel on the adjacent property to the east was constructed in 1998. ➢ A subdivision was approved in 2006 creating 2 lots to allow for separate ownership. ➢ Additional right -of -way was dedicated at time of subdivision for Lone Oak Rd. ➢ Private easements ingress /egress and a shared pylon were required and executed. ➢ The proposed medical use is conditional within BP (Business Park) zoning and BP zoning bulk standards were utilized to review the proposal. ➢ Deviations from standard zoning are primarily tied to the proposed proof of parking plan. ➢ The Advisory Planning Commission (APC) held a Public Hearing on April 24, 2012 and is recommending approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: May 19, 2012 ATTACHMENTS: (3) Location map on page I C-✓ Draft April 24, 2012 APC minutes on page I Z through I2.5 Staff report on pages 17. through 12.1 3 ' FIF Location Map " ( I I s as$ i !4 0 ,a oe Map Area Extent MR I I- � I LIILUJ FiiiiA��Ilw "liam Project Name: The Urgency Room /EP Development LLC Request: Planned Development Amendment Case Nos.: 10- PA- 02 -03 -12 City of EaQau 12':�b Feet 0 500 1,000 2,000 Legend J WIIS �ttd City Boundary Parcels /r Parks Buildings N Advisory Planning Commission April 24, 2012 Page 4 of 17 B. The Urgency Room Applicant Name: EP Development, LLC Location: 3010 Denmark Ave; Lot 1, Block 1, Eagandale Center Industrial Park No. 19 Application: Planned Development Amendment A Planned Development Amendment to allow a medical facility. File Number: 10- PA- 02 -03 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 20, 2012. She noted the background and history and stated the location map included in the staff report is incorrect; however, the location map distributed on the public hearing notification is correct; therefore the Advisory Planning Commission can proceed with the application. She stated the Advisory Planning Commission received the correct location map via email. Member Piper inquired about the proof of parking and the depth of the stalls along the east side of the building. Planner Thomas discussed the proof of parking and explained the size difference between 60 degree and 90 degree parking stalls. City Planner Ridley stated the Fire Marshal has reviewed the plan and signed off on it. Planner Thomas added that the Fire Marshal is comfortable with the plan because of access near the hotel development that provides emergency access to the back of the building. Applicant Tom Klassen,:EP Development, LLC, provided background and stated he accepts all of the conditions of approval and would be available for any questions. Member Supina asked about the size of the building and the parking situation at the Woodbury Urgency Room. Mr.'Klassen stated the situations are difficult to compare because the Woodbury facility is part of an existing strip- retail center. However, based on their experience there,'they believe the proposed parking will be adequate. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Supina moved, Member Flipi seconded a motion to recommend approval of a Planned Development Amendment to allow the construction of a one story medical office upon 1.5 acres of land located at 3010 Denmark Avenue, subject to the following conditions: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscape Plan (including monument sign) • Final Signage Plan 2. All green and landscaped areas shall be irrigated. iz4 Advisory Planning Commission April 24, 2012 Page 5 of 17 3. The applicant shall submit a revised Photometric plan that provides the specifications that include the pole and base height, fixture information, and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly ". 4. The applicant shall revise the Photometric Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 5. The revised Photometric Plan shall have an average -to- minimum uniformity ratio not greater than 4:1. 6. The revised Photometric Plan shall incorporate 30 foot poles plus a base for a total height of 32' 6 ". 7. The building signs shall consist of either individual channel letters or backlit letters. 8. All signage shall comply with City Sign Code requirements. 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The Site Plan (A010) shall be revised to add a north arrow. 11. Building identification numbers shall be installed consistent with City Code Section 2.78. 12. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on- site parking shall be provided in the proof -of- parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors or assigns. 13. At the time that the proof of ,parking is required to be constructed, the directional sign adjacent to Denmark Avenue shall be removed. 14. The applicant shall ensure fire hydrant coverage is provided on this lot, in accordance with City Fire and Engineering standards. 15. The applicant shall provide evidence that a private access agreement with the 3000 Denmark Avenue (Microtel Inn) exists and is in a, form acceptable to the City Attorney. This document shall be recorded prior to issuance of any Building Permits. 16. The applicant shall reach an agreement with the property owner of 3000 Denmark Avenue (Microtel Inn) regarding connection access and future maintenance of the water line, in a form acceptable to the City Attorney, prior to building permit issuance. All voted in favor Motion carried 7 -0. 125 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2012 APPLICANT: EP Development, LLC PROPERTY OWNER: Larson Properties, LLC REQUEST: Planned Development Amendment LOCATION: 3010 Denmark Avenue COMPREHENSIVE PLAN: BP, Business Park ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 10- PA- 02 -03 -12 HEARING DATE: April 24, 2012 APPLICATION DATE: March 21, 2012 PREPARED BY: Sarah Thomas Thomas Klassen, on behalf of EP Development, LLC, is requesting approval of a Planned Development Amendment to allow the construction of a one story medical office upon 1.5 acres of land located at 3010 Denmark Avenue legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 19. The proposed medical clinic constitutes a change from the previously approved " Eagandale Center Industrial Park No. 9" Planned Development (1998) that called for the construction of a 6,450 sq. ft. Class I restaurant on the subject property. Approval of the requested amendment will constitute approval of a Final Planned Development subject to execution/recording of a Final Planned Development Agreement. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. Planning Report — The Urgency Room April 24, 2012 Page 2 BACKGROUND/HISTORY The property was originally platted in 1988 as Lot 1, Block 2, Eagandale Center Industrial Park No. 9. The property remained undeveloped until 1998, when a two - building Planned Development was approved for the property consisting of a hotel on the easterly portion of the site, and a restaurant on the westerly portion. The hotel was constructed in 1998; the restaurant has not been built. A subsequent subdivision was approved in 2006, creating two lots to allow for separate ownership of the restaurant site. The subdivision resulted in dedication of additional right -of- way and restricted access for Lone Oak Road and Lexington Avenue. A pedestrian connection to the trail on Lone Oak Road was also provided. Additionally, private easements for ingress /egress and for a shared pylon sign were required and executed. EXISTING CONDITIONS The vacant site was graded in 1998 with initial development. Access into the subject site and the hotel site is provided from Denmark Avenue. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant proposes to develop a 12,565 sq. ft. medical facility. According to the applicant's narrative, "EP Development has already secured Emergency Physicians Professional Association (EPPA) as a long -term tenant. EPPA has requested a clinic opening date of October 1, 2012. Upon City approval, EP Development is prepared to break ground immediately." According to the applicant's narrative, "the clinic will be EPPA's second "Urgency Room" concept. The original clinic opened in Woodbury in 2010. The clinic would provide a new option for unscheduled acute care needs and is staffed by board certified emergency physicians, emergency trained nurses and paramedics. It offers medical services that fall between an urgent care facility and a hospital emergency department but does not accept patients by ambulance. Hours of operation are 8:00 a.m. — 11:00 p.m., 365 days a year." 12_-1 Existing Use Zonin Land Use Designation North Single Family Residential T, Transitional RC, Retail Commercial South Office /Showroom PD, Planned Development BP, Business Park East Hotel - Microtel Inn & Suites PD, Planned Development BP, Business Park West Hotel- Homestead Studio Suites I PD, Planned Development I BP, Business Park EVALUATION OF REQUEST Description of Proposal — The applicant proposes to develop a 12,565 sq. ft. medical facility. According to the applicant's narrative, "EP Development has already secured Emergency Physicians Professional Association (EPPA) as a long -term tenant. EPPA has requested a clinic opening date of October 1, 2012. Upon City approval, EP Development is prepared to break ground immediately." According to the applicant's narrative, "the clinic will be EPPA's second "Urgency Room" concept. The original clinic opened in Woodbury in 2010. The clinic would provide a new option for unscheduled acute care needs and is staffed by board certified emergency physicians, emergency trained nurses and paramedics. It offers medical services that fall between an urgent care facility and a hospital emergency department but does not accept patients by ambulance. Hours of operation are 8:00 a.m. — 11:00 p.m., 365 days a year." 12_-1 Planning Report — The Urgency Room April 24, 2012 Paee 3 Compatibility with Surrounding Area — The surrounding area contains other commercial and industrial uses. The BP (Business Park) bulk zoning standards have been utilized to review the proposed development. Health care facilities are allowed via Conditional Use Permit in the BP zoning district. Airport Noise Standards — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is located within Noise Policy Zone 4. The adopted zoning standards consider office uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Site Plan — The Site Plan shows a 12,565 sq. ft., one -story medical clinic on the 1.5 acre site, with parking on all but the east side of the building. The building's main entrance faces west. The Site Plan (A010) should be revised to add a north arrow. This is included as a condition of approval. Bulk Standards — As a Planned Development deviation from typical zoning bulk standards may be allowed. The BP bulk zoning standards have been utilized to review the proposed redevelopment. Setbacks — The proposed plan meets building setback requirements. The BP Zoning District requires setbacks of 40 feet for the public right -of -way; however, Lone Oak Road is a Minor Arterial which requires a 50 -foot setback. Side and rear yard setback requirements are 20 feet in the BP Zoning District. Required setbacks for parking are 20 feet from a public right -of -way and five feet from side and rear lot lines. The parking setbacks are also met. The applicant is proposing proof of parking which is discussed in more detail in the "Parking" section of this report. The parking setback from Lone Oak Road, as shown on the Proof of Parking Plan, does not meet the 20 -foot setback requirement. An 18 -foot setback to Lone Oak Road is proposed to allow a five -foot sidewalk adjacent to the north side of the building. This deviation appears reasonable. To provide perspective, since the Microtel to the east was constructed prior to the subdivision of the property, the parking lot only has a five -foot setback to Lone Oak Road since additional right -of -way was taken at time of the subdivision. Building Coverage — The proposed building coverage is consistent with ordinance requirements at 18.3% or 12,565 sq. ft. BP district zoning standards allow 40% coverage or 27,434 sq. ft. Building Height — The proposed building height is consistent with ordinance requirements. The proposed one -story clinic building measures 24 feet plus a three foot mechanical unit screen for a total of 27 feet at its highest point, as shown on the Elevations Plan. BP district zoning standards allows up to 45 feet. Planning Report — The Urgency Room April 24, 2012 Page 4 Green Space — The proposed green space is consistent with ordinance requirements. The green space calculation, including the proposed proof of parking area being built out, is 25 %, which is the code minimum. The proposed Site Plan identifies the green space to be 30.5 %. Exterior Building Materials — The building is proposed to be constructed with masonry brick, glass and ornamental metal in percentages that meet City Code requirements. The Zoning Ordinance requires newly constructed buildings in the BP zoning district to meet the following exterior finish materials standards. The building must utilize at least two different Class I materials (brick, glass, natural stone, architectural metal panels) comprising at least 65% of the building. Up to 35% of the building may be Class II or Class III (specialty concrete block, masonry stucco, manufactured stone — Class II; EIFS, precast concrete, Class III) or Class IV materials (smooth concrete or scored concrete block, tip up panels). The maximum amount of Class IV material should not exceed 10 percent. Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers should be a minimum height of 12 inches and in a contrasting color to the color of the building. Mechanical Equipment — The Roof Plan identifies the rooftop mechanical units to be located approximately 13 '/2 feet from the edge of the roof, with an aluminum louvered mechanical screen that measures between 3 — 3 '/z feet in height. City Code requires the units to be setback from the edge of the roof a minimum of 20 feet; however, it is acknowledged that this requirement is not always practical. Roof top units are also required to be screened by a parapet wall of at least 30 inches in height. City Code states, "A physical screen should be used in combination with the parapet wall if the mechanical equipment cannot be fully screened by a parapet design. ", as is the case with the proposed design. Trash Enclosure — Refuse and recycling containers are proposed to be stored within the building. Parking — City Code requires that parking be provided in the amount of three parking spaces for each staff doctor practicing on the premises at any one time or one space for each 150 square feet of gross floor area, whichever is greater. The Owner has stated that the maximum number of doctors practicing at one time would be two, which equates to a requirement of four parking stalls. According to the applicant, 75% of the time there is only one doctor practicing at any given time at their Woodbury location. The gross floor area calculates to a minimum required parking amount of 84 stalls. The applicant is proposing to construct 43 parking stalls and to provide proof of parking for an additional 39 stalls (82 total), which would result in two stalls less than minimum ordinance requirements. It should be noted that an additional 19 parking stalls are located upon the southern edge of the subject property; however, these stalls are not included in the applicant's parking calculations. Upon researching the site history, the applicant IZ1 Planning Report — The Urgency Room April 24, 2012 Paee 5 determined that there is a private parking easement in this location and the existing spaces are allocated to the adjacent hotel property. According to the applicant, "...given the experience of the number of spaces used during peak times at the Woodbury site, it became clear that providing the required number of spaces would mean excessive hardscape on the site. The proposed site plan reduces the parking to a level appropriate to provide sufficient capacity for peak facility function and increases the amount of non - pervious landscape. The increase in the landscaped area follows the City's desire to encourage and promote "green" initiatives whenever and wherever possible." Parking stalls are proposed to be 10 feet wide by 19 feet deep; two -way driving aisles are proposed to be 24 feet wide. These dimensions are consistent with City Code requirements. The one -way drive aisle along the rear of the building is proposed to be 16 feet. The City Code does not provide a requirement for one -way versus two -way drive aisles; however, the 16 -foot drive aisle is consistent with the requirement for 60 degree angled parking. Proof of parking — As previously mentioned, the proof of parking plan provides for an additional 39 parking stalls. The additional stalls are proposed primarily to the north and east of the building. A five -foot sidewalk provides a buffer to the north side of the building, which results in an 18 -foot versus required 20 -foot parking setback to Lone Oak Road. The parking stalls located to the rear of the building are proposed to be 11 ft. 6 in. x 17 ft. versus 11 ft. 5 in. x 19 ft. 5 in. which is required by City Code. Additionally, the plan identifies an additional stall located in the row of parking adjacent to Denmark Avenue. Specifically, the stall is located adjacent to the directional sign. This appears to be problematic as there is no buffer between the sign and the parking stall. At the time that the proof of parking is required, if ever, the directional sign should be removed. This is included as a condition of approval. Lastly, as the City has required in other proof of parking approvals, that if after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking should be provided in the proof -of- parking location, as identified on the Site Plan, within one year of notice to the applicant or its successors or assigns. This is also included as a condition of approval. Landscaping — The Landscape Plan is generally acceptable; however, the applicant should modify the plan to provide plantings near the base of the monument sign. The applicant proposes the addition of a Colorado Blue Spruce and deciduous trees (mix of four varieties), planted throughout the site, as well as ornamental trees (Serviceberry and Red Jewel Crab). A variety of shrubs are provided along Lone Oak Road to provide screening of headlights from the right -of -way. Berming and a mix of plantings are proposed to provide the appropriate screening to Denmark Avenue right -of -way. Foundation plantings are proposed, primarily on the Planning Report — The Urgency Room April 24, 2012 Page 6 front of the building and wrapping around the sides. There are no foundation plantings on the back of the building; however, a mix of shrubs and grasses are proposed on the rear of the property adjacent to the Microtel property. The use of Dwarf Korean Lilacs will assist to provide a visual barrier from the adjacent parking lot. Lighting — The City Code Sec. 11.70, Subd. 21.D.8 requires that site lighting be provided as is necessary for security, safety and traffic circulation. Such illumination should be indirect and diffused or shielded. Lighting should not be directed upon public rights -of -way or adjacent properties and the source of light should not be visible from off the property. While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout and light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to- minimum uniformity ratio not greater than 4:1. Lighting fixtures should be consistent throughout the development. All fixtures should be downcast and shielded to prevent glare. The lighting plan indicates there are going to be eight pole mounted lights and four building mounted lights. The specifications provided on the plan are illegible and the applicant should provide a revised plan that includes the specifications. Specifically, the applicant should include the pole and base height, and fixture information. The fixtures should have full cutoff performance which are "nighttime friendly ". The photometric plan shows acceptable light levels except for the area behind the building to the east and a portion to the north side of the property. The applicant should revise the plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. Also, the average to minimum ratio has been provided within zones which are difficult to interpret. The revised plan should include an overall average to minimum ratio to ensure that site lighting is uniform. The adjacent property, Microtel, has 30 foot poles plus a base for a total height of 32' 6 ". Staff suggests the revised plan incorporate the same pole height to provide a cohesive design between the two properties. Si_gnage — The applicant proposes building signage on the north and west elevations and construction of a monument sign in the NW corner of the site. Building Signage — A business name sign is proposed on the west elevation and two signs, a business and logo sign, are proposed on the north elevation. The elevation plan identifies these signs as "internally lit box type ". City staff is unfamiliar with this type of signage. The depiction of the sign appears to be channel letters and therefore staff suggests individual channel letters or backlit letters be utilized. This is a condition of approval. Monument Sign — The monument sign meets City Code requirements. The sign is proposed to be a 6 foot 8 inch tall, 32 sq. ft. pylon sign, with a brick base to match the building. The sign is proposed to be located 12 feet from the property lines at the intersecting corner of Lone Oak Road and Denmark Avenue. 131 Planning Report — The Urgency Room April 24, 2012 Financial Obli ag tion — There is a pending street and entrance assessment on this parcel in the amount of $7,299.40 under the Denmark Avenue Street Improvement (City Project No. 1079). Grading/Topography — The site was graded with previous development and the proposed new building construction will require minor grading. Grades and slopes on the site are relatively flat and will remain so, with the site sloping toward the southeast. Storm Drainage /Water Quality — A storm drainage system and stormwater pond DP -3.3 were constructed with previous development and will be utilized with the new proposal. The existing infrastructure fulfills City Code §4.33 Post Construction Requirements for this site's stormwater management. Utilities — Existing sanitary sewer and water service lines of sufficient size, depth and capacity are available from Denmark Avenue for connection and extension by this development. The water line extended through the property is currently privately maintained by the property to the east, 3000 Denmark Avenue. The applicant should reach an agreement with the property owner of 3000 Denmark Avenue (Microtel Inn) regarding future shared maintenance of this water line. The applicant should ensure fire hydrant coverage is provided on this lot, in accordance with City Fire and Engineering standards. Streets /Access /Circulation — Public street access will remain at one location onto Denmark Avenue, via shared access with the 3000 Denmark Avenue (Microtel Inn) to the east. The applicant should provide evidence of a private access agreement with the 3000 Denmark Avenue, in a form acceptable to the City Attorney. Tree Preservation — There is no significant vegetation on the site. Parks and Recreation — Park and trails dedications on this property have been previously satisfied. Trail dedication was fulfilled in 1989 with construction of a sidewalk on the property and park dedication was paid with the building permit for the hotel in 1998. SUMMARY /CONCLUSION The applicant is proposing a Planned Development Amendment to change the approved use from a restaurant to medical clinic. The use appears compatible with surrounding uses; however, the proposal includes some deviations from development standards in the Planned Development Agreement and from typical commercial zoning standards. It is a policy matter for City Officials to determine whether the proposed change in use is acceptable and whether to accept the proposed deviations as part of the Planned Development approval. The following deviations are proposed: 13Z Planning Report — The Urgency Room April 24, 2012 Pap-e 8 • Rooftop mechanical unit setback • Parking stall count (Proof of Parking, 82 provided vs. 84 required) • Parking setback (Proof of Parking) • Parking stall size (Proof of Parking) Approval of the Planned Development Amendment would simultaneously constitute approval of a Final Planned Development. The execution and recording of the Final Planned Development Agreement should occur prior to issuance of a Building Permit. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the construction of a one story medical office upon 1.5 acres of land located at 3010 Denmark Avenue. If approved the following conditions shall apply: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscape Plan (including monument sign) • Final Signage Plan 2. All green and landscaped areas shall be irrigated. 3. The applicant shall submit a revised Photometric plan that provides the specifications that include the pole and base height, fixture information, and average to minimum calculations for the entire site. The fixtures shall have full cutoff performance which are "nighttime friendly ". 4. The applicant shall revise the Photometric Plan so that the parking lot and drive aisle lighting achieves a minimum of 0.5 footcandles. 5. The revised Photometric Plan shall have an average -to- minimum uniformity ratio not greater than 4:1. 6. The revised Photometric Plan shall incorporate 30 foot poles plus a base for a total height of 32' 6 ". 7. The building signs shall consist of either individual channel letters or backlit letters. 8. All signage shall comply with City Sign Code requirements. Planning Report — The Urgency Room April 24, 2012 Pap-e 9 9. The monument sign base shall be constructed of the same materials used for the principal building. 10. The Site Plan (A010) shall be revised to add a north arrow. 11. Building identification numbers shall be installed consistent with City Code Section 2.78. 12. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking shall be provided in the proof -of- parking location, as identified on the Site Plan, within one year of notice to the Applicant or its successors or assigns. 13. At the time that the proof of parking is required to be constructed, the directional sign adjacent to Denmark Avenue shall be removed. 14. The applicant shall ensure fire hydrant coverage is provided on this lot, in accordance with City Fire and Engineering standards. 15. The applicant shall provide evidence that a private access agreement with the 3000 Denmark Avenue (Microtel Inn) exists and is in a form acceptable to the City Attorney. This document shall be recorded prior to issuance of any Building Permits. 16. The applicant shall reach an agreement with the property owner of 3000 Denmark Avenue (Microtel Inn) regarding connection access and future maintenance of the water line, in a form acceptable to the City Attorney, prior to building permit issuance. 13t� Location Map I* City of Eapu 135 City of EaRaIl Current Zoning and Land Use Map Application: The Urgency Room Type: Planned Development Amendment Case No.: 10- PA- 02 -03 -12 Zoning PD, Planned Development Land Use Plan BP, Business Park N 0 300 600 1,200 Feet i R-1 o III -1 III \ z 0 0 I -1 b I -1 T Subject Site C.S.A.H. NO.26 (LONE OAK RD.) PD PD I J� O IND IND RC Subject Site L C.S.A.H. N0.26 (LONE OAK RD.) 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NARRATIVE Project Narrative for Proposed Urgency Room Facility 3010 Denmark Avenue EPPA's existing Woodbury facility EP Development, LLC respectfully submits for your approval this Planned Development Amendment application. We propose to develop a 12,565 square foot medical facility on a 1.57 acre vacant lot that is located east of 35E at the intersection of Lone Oak Road and Denmark Avenue, addressed as 3010 Denmark. The current Planned Development Agreement (PDA) contemplates a sit -down restaurant for this site. We believe this restriction has prevented the property from achieving its potential. While businesses have thrived on adjacent locations over the last fourteen years, the proposed site has remained undeveloped and unused. EP Development is prepared to commence construction immediately, and has already secured Emergency Physicians Professional Association (EPPA) as a long -term tenant. EPPA has requested a clinic opening date of October 1, 2012. Upon City approval, EP Development is prepared to break ground immediately. The medical facility will offer Eagan residents a remarkable new option for unscheduled acute care needs. It will be EPPA's second clinic using its "Urgency Room" concept. The Urgency Room is a clinic staffed by board certified emergency physicians, emergency trained nurses, and paramedics. It offers medical services at a level between an urgent care facility and an emergency department, but does not accept patients by ambulance. The clinic houses on -site imaging (including CT scanning and ultrasound capabilities) and high complexity lab resources. The Urgency Room dramatically improves the experience that patients typically associate with emergency rooms and urgent care facilities. In addition to the higher level of expertise provided by emergency physician specialists, the clinic delivers on its promise of minimal wait times (usually less than 20 minutes to see a physician) and friendly, personable service. Without the associated hospital overhead, EPPA can significantly reduce the total cost of care for its patients. EPPA opened its first Urgency Room clinic in Woodbury in 2010. It has been very well- received by the community, serving more than 11,000 patients in its first year. Patients rave about their experience, and spread the word to family, friends, and neighbors. � IUD The proposed site for the new Urgency Room is one of the last properties to be developed in the area. The surrounding 660 feet includes Planned Development and Limited Industrial zoning designations. The immediate vicinity includes light commercial use buildings, retail establishments, and hotels. Our proposed medical facility will not limit or negatively impact other land uses. As a facility that offers unscheduled acute care treatment 8:OOam — 11:OOpm, 365 days per year, the clinic will support patrons and employees of the surrounding industrial and hospitality uses. We envision no negative impact to the present City services or the surrounding businesses. The proposed development will positively improve the existing property, as the smaller footprint of a medical facility fits appropriately on the lot. The clinic will not require significant City water and sewer needs, and can be wholly served using the capacity of existing facilities. Our proposal includes a plan to manage storm water runoff via the existing PDA's designed internal system. The proposed water, sanitary sewer, and storm water systems conform with the master plan for services in the area. The existing current roads, including Lone Oak Road, Denmark Avenue, and Lexington Avenue provide access to the facility and will not become overburdened with the minimal additional clinic traffic. Notably, because the facility will not accept patients by ambulance, The Urgency Room will not burden the surrounding community will additional high - speed, loud -siren traffic associated with emergency response vehicles. Narrative Describing the Public Benefit of the Proposed Development 3010 Denmark Avenue EPPA's new Urgency Room clinic will be a lasting asset and source of pride for the Eagan community. Currently, Eagan residents are forced to leave the city for hospital emergency department needs. The Urgency Room will offer a new local alternative for acute care needs. By establishing an Eagan -based clinic, EPPA can better serve the health needs of the community. EP Development's proposal will result in a better use of the existing land. The City of Eagan does not have a hospital, and The Urgency Room will help fill to this void. Eagan residents will benefit greatly from having a local facility that provides complex, life- saving medical care quickly and at a significantly reduced cost. The conversion of this undeveloped site, which has remained vacant in the shadow of surrounding development, will add to the tax base of the City and supplement the existing land uses in the area. In addition, EPPA will be a strong corporate partner with Eagan. The organization has served the Twin Cities medical communities for over 40 years. Established in 1969, the group's physicians have staffed hospital emergency departments in partnership with various health systems, and treated in excess of 20,000,000 patients. The group employs 125 physicians and 320 employees. EPPA is highly involved in the communities that it serves, and remains active through sponsorships and participation in local events. Its physicians and employees are active in local chambers and business associations, and also assist on committees and volunteer for events. We believe that Eagan, EPPA, and EP Development will enjoy a long -term successful partnership in improving the health of the Eagan community. � 149 Narrative Describing Size of the Drive Lanes The drive lane on the east side of the building begins and ends with short 16' -0" sections intended as traffic control for this one -way drive. The drive lane widens out to 24' once past these entry /exit portions. This is intended to provide a safe pull -in for ambulance pick -ups at the northern door and deliveries at the south door. The proposed site conditions were reviewed to insure that the site meets the International Fire Code for access to the building (Section 503.1 Buildings and Facilities: "The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility..." The turning radius at the northeast corner of the drive lane has been increased to 20' to help facilitate access to the east service drive. Narrative Describing the Proof -of- Parking for the Proposed Development 3010 Denmark Avenue In developing the site careful consideration was given to the amount of parking required by the City, the amount of green space required by the ,City and the amount of parking needed for the facility based on their experience at their Woodbury site. A proof -of- parking site plan has been provided in the drawings. This plan shows the capability of the site to meet the code - required number of parking spaces. However, given the experience of the number of spaces used during peak times at the Woodbury site, it became clear that providing the required number of spaces would mean excessive hardscape on the site. The proposed site plan reduces the parking to a level appropriate to provide sufficient capacity for peak facility function and increases the amount of non - pervious landscape. The increase in the landscaped area follows the City's desire to encourage and promote "green" initiatives whenever and wherever possible. MO, Agenda Information Memo May 1, 2012, Eagan City Council Meeting C. REZONING AND FINAL PLANNED DEVELOPMENT — OPPIDAN, INC. ACTIONS TO BE CONSIDERED: ➢ To approve a Rezoning of 2.8 acres from Community Shopping Center (CSC) to Planned Development (PD) for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court. ➢ To approve a Final Planned Development to allow a 7,150 sq. ft. multi- tenant retail building for property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property is zoned CSC and is surrounded by PD zoned properties developed with retail /commercial uses. The property was platted in 1986 and a condo plat was approved at the County thereafter. ➢ The applicant proposes to demolish a vacant convenience gas station, canopy and the car wash portion of the multi- tenant building; all located upon one parcel. ➢ The Final PD would allow for a 2 "d multi- tenant building on one property, along with joint parking, outdoor patio dining and on -sale liquor of beer /wine. ➢ Deviations from standard zoning are primarily tied to existing conditions (pylon spacing and parking stall size). ➢ The existing trail along Rahncliff is located on private property. Through the redevelopment of the site, the trial would be located in a public easement. ➢ The Advisory Planning Commission (APC) held a Public Hearing on April 24, 2012 and is recommending approval. ISSUES: ➢ The APC questioned the west elevation finish of the existing multi -tenant building after demolition, as no elevation was provided. The applicant stated the elevation would match the existing building. City Policymakers may wish to require the west elevation finish to match the existing by adding a condition of approval. 60 DAY AGENCY ACTION DEADLINE: May 19, 2012 ATTACHMENTS: (3) Location map on page 152 Draft April 24, 2012 APC minutes on age 153 through Staff report on pages through _ 15I f��, r,. ! ir'F: Advisory Planning Commission April 24, 2012 Page 6 of 17 C. Eagan Retail Applicant Name:Oppidan, Inc. Location: 1992 & 1996 Cliff Road & 1984 Rahncliff Ct.; Application: Rezoning A Rezoning from CSC, Community Shopping Center to PD, Planned Development. File Number: 32- RZ- 04 -03 -12 Application: Final Planned Development A Final Planned Development of approximately 2.8 acres to allow a multiple tenant building. File Number: 32- PD- 04 -03 -12 Member Dugan abstained from voting on these items. Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 19, 2012. She noted the background and history. Chair Heaney asked if it is standard practice to approve on -sale liquor before having the tenant identified. Staff, including the City Attorney, stated it was customary within Planned Developments. Member Supina asked if a drive- through feature could be added in the future. City Planner Ridley stated a drive - through could be requested in the future via a Planned Development Amendment. Applicant Paul Tucci was present and stated he agrees with the suggested conditions of approval and was available for questions. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Filipi<<seconded a motion to recommend approval of a Rezoning from CSC, Community Shopping Center, to PD, Planned Development, upon approximately 2.12 acres located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, legally described as Auto Plaza Condo Units 1, 2, 3 and 4, being part of Lot 1, Block 1, Rahncliff 1st Addition. Member Supina asked if the 'new' end wall on the existing center would match the existing materials of that building. Mr. Tucci stated the new end would match the existing materials. All voted in favor. Motion carried 6 -0. Member Filipi moved, Member Jansma seconded a motion to recommend approval of a Final Planned Development to permit an approximately 7,150 sq. ft. multi- tenant retail building located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, legally described as Auto Plaza Condo Units 1, 2, 3 and 4, being part of Lot 1, Block 1, Rahncliff 1 St Addition, subject to the following conditions: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. 153 Advisory Planning Commission April 24, 2012 Page 7 of 17 • Final Site Plan • Final Building Elevations (including trash enclosure) • Final Site Lighting Plan • Final Landscape Plan (corresponding to legend) • Final Signage Plan 2. This Final Planned Development allows for the following: • Multiple buildings on one parcel • Joint parking • Outdoor patio dining, not to exceed 24 total seats (subject to building permit, SAC determination and site plan approval by City staff) • On sale liquor (beer /wine; subject to liquor license approval) 3. All owners of the CIC plat shall be a party to the Final PD Agreement and provide signatures on said document. 4. This development shall dedicate street & trail easement along Rahncliff Road to a minimum of two feet east of the existing trail along the east side of Rahncliff Road. 5. The applicant shall be responsible for relocating the existing hydrant at the new entrance onto Rahncliff Court under the building permit application, in accordance with City engineering standards. 6. Mechanical equipment units shall be setback from the edge of the roof a minimum of 20 feet. Screening of said units shall meet all City Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. The trash enclosure shall meet City Code requirements. 9. The developer shall provide evidence of the condominium plat and the necessary signatures of both owners and lenders, in a form acceptable to the City Attorney, prior to recording of the Final PD Agreement. Signage 10. The exterior elevations shall be revised to accurately reflect the number of tenants, equally allot the sign, bands, provide adequate spacing between the sign bands and reduce the number of wall signs, up to two total signs for the end units and one for each interior tenant, as required by City Code. 11. The pylon sign shall not 'exceed 27 feet in height and shall comply with all other City Sign Code requirements. 12. Sign permits shall be obtained prior to installation for both the building and pylon signs. 13. All awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude "tenant identification. Landscapinq 14. The 'Final Landscape Plan shall provide labels with the plant type key in accordance with the legend. 15. All landscaped areas shall be irrigated. 16. The applicant shall be responsible for regular inspections and maintenance of the stormwater features and for reporting to the City about these activities. All voted in favor.-Motion carried 6 -0. Member Piper stated the requested deviations all make sense and that they are tied to existing conditions and should be approved. 11�_ PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2012 CASE: 32- RZ- 04- 03 -12; 32- PD- 04 -03 -12 APPLICANT: Oppidan, Inc. HEARING DATE: April 24, 2012 PROPERTY OWNER: Holiday Stationstores Inc. APPLICATION DATE: March 21, 2012 REQUEST: Rezoning & Final Planned Development PREPARED BY: Sarah Thomas LOCATION: 1992 and 1996 Cliff Road and 1984 Rahncliff Court COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from CSC, Community Shopping Center, to PD, Planned Development, and a Final Planned Development of 2.12 acres to permit an approximately 7,150 sq. ft. multi -tenant retail building upon property located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, legally described as Auto Plaza Condo Units 1, 2, 3 and 4, being part of Lot 1, Block 1, Rahncliff 1St Addition. Approval of the Rezoning will constitute the Preliminary Planned Development approval. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Val Planning Report — Eagan Retail April 24, 2012 Paee 2 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDMISTORY The 2.12 acre property was platted in 1986 as Lot 1, Block 1, Rahncliff 1St Addition. Since that time a condominium plat was recorded with Dakota County. The parcel is within the shoreland overlay district of Cliff Lake. EXISTING CONDITIONS The property is developed and contains a vacant convenience gas station and accessory canopy as well as a vacant car wash. A multi -tenant building with uses that cater to auto - oriented businesses (Rudy's Auto, O'Reilly Auto Parts and Valvoline Oil Change) is also developed on the parcel. A pylon sign for the gas station is located in the NW corner of the site. SURROUNDING USES The subject site is surrounded by Planned Development zoned properties that are developed with retail commercial uses. EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to rezone the parcel from CSC to PD to redevelop the property and maintain multiple buildings on one parcel, which cannot be accommodated through straight zoning. Planning Report — Eagan Retail April 24, 2012 Page 3 Flexibility in typical zoning standards to encourage creative site design, efficient use of the land, and preservation and enhancement of desirable site characteristics and natural features can be accommodated via the Planned Development. The CSC bulk zoning standards have been utilized to review the proposed redevelopment. The applicant is proposing to demolish the existing gas station, gas canopy and pylon sign. The car wash that is located on the west end of the multi- tenant building is also proposed for demolition. A new 7,150 sq. ft. retail building with outdoor patio dining is proposed. Construction is slated to begin in summer 2012. Additional site modifications proposed include the relocation of access to Rahncliff Court, elimination of access to Rahncliff Road, and the addition of a trail easement along Rahncliff Road. The redesigned site will result in slightly less impervious surface (75.6% to 73.1%) and new landscaping. The proposed Final Planned Development incorporates the following: • Multiple buildings on one parcel • Joint parking • Outdoor patio dining • On -sale liquor (beer /wine) Compatibility with Surrounding Area — The applicant is proposing a retail building which is consistent with the surrounding properties and existing uses. Site Plan — The proposed tenants in the new 7,150 sq. ft. retail building include a quick serve restaurant, a deli /sandwich shop and two general retail spaces. The building is proposed to be situated in the same general location as the existing gas station building in the SW corner of the site. Trash Enclosures — The Site Plan identifies the trash enclosure attached to the SW corner of the building; however, no exterior elevation plans have been provided. The trash enclosure should be constructed consistent with the requirements of the City Code and include a screening gate of 90% or greater opacity. This has been included as a condition of approval. Mechanical Equipment — The applicant's narrative states that the HVAC units will be located near the center of the building and not closer than 10 feet from the building edge. City Code requires the units to be setback from the edge of the roof a minimum of 20 feet. This has been included as a condition of approval. Additionally, parapets will provide screening from the right -of -way as well. 15� Planning Report — Eagan Retail April 24, 2012 Paee 4 Building Address Numbers — In accordance with Section 2.78 of the City Code, building numbers should be conspicuously displayed on the building, in a suitable location in an upper corner or near the building entrance so it can be clearly seen from the street and read during all hours of the day. Commercial building numbers should be a minimum height of 12 inches and in a contrasting color to the color of the building. Setbacks — The proposed plan meets building setback requirements. The CSC zoning district requires setbacks of 30 feet from the public right -of -way; however, Cliff Road is a Minor Arterial which requires a 50 -foot setback. Required setbacks for parking are 20 feet from a public right -of -way and five feet from side and rear lot lines. The proposed drive aisle along the west side of the property does not meet this requirement as the drive aisle is five feet from the proposed trail easement. The necessity of the trail easement is explained in more detail later in this report; if not for the trail easement, the parking /drive aisle setback would meet City Code requirements. This setback deviation is noted due to the unique situation on the site. Parkin — A minimum of one parking space for each 200 square feet of floor area, up to 10,000 square feet is required for retail uses. Restaurant uses require one parking space for each three seats based on design capacity. Based upon the breakdown provided by the applicant for both the new and existing building, with two restaurant uses and the remaining retail, 87 parking stalls are required. The Site Plan provides for 80 parking stalls. The existing parking stalls are 10 ft. in width by 18 ft. in depth. The Zoning Ordinance requires stalls to be 10 ft. by 19 ft. This deviation is acceptable because it is an existing condition. The new parking stalls and drive aisles exceed City Code requirements of 11.5 ft. x 19.5 ft. with 16.5 ft. drive aisles. The proposed parking is seven stalls short of the required parking; however, the Applicant has requested approval to allow for joint parking. The Applicant has provided a copy of the Condominium Documents and the related Association Agreement which allow, privately, for joint parking. City Code requires a CUP (Conditional Use Permit) for the reduction of up to 30 spaces which can also be approved as part of the PD. Reductions are allowed to minimize the amount of hardcover and maximize real estate potential. This is allowed when required parking facilities serving two or more facilities are located on the same lot. City staff has reviewed the conditions required for joint use, and based upon the information provided by the Applicant in the narrative, it appears as though the uses will not conflict with each other. Exterior Buildinp, Materials — The building is proposed to be constructed with masonry brick, EIFS and glass in percentages that meet City Code requirements. • Planning Report — Eagan Retail April 24, 2012 Paee 5 The Zoning Ordinance requires newly constructed buildings in the CSC zoning district to meet the following exterior finish materials standards. The building must utilize at least two different Class I materials (brick, glass, natural stone, architectural metal panels) comprising at least 65% of the building. Up to 35% of the building may be Class II or Class III (specialty concrete block, masonry stucco, manufactured stone — Class II; EIFS, precast concrete, Class III) or Class IV materials (smooth concrete or scored concrete block, tip up panels). The maximum amount of Class IV material should not exceed 10 percent. Signage — The applicant proposes building signage on all four elevations and replacement of the existing pylon sign. Building Signage — The applicant proposes wall signage on each elevation. The proposed front elevation provides an appearance as though this is a five tenant building; however, the floor plan identifies four tenant spaces. The front elevation should only have four tenant signs if that is the accurate number of tenants. The panels should be distributed evenly (e.g. 10 foot width or 12 foot width for all) and provide space for visual clarity between the brick and EIFS materials on the building. A two -foot spacing should suffice. End units are allowed wall signage on two elevations and interior units are allowed wall signage on one elevation per Code. Since there are four panels proposed on the pylon sign, one for each tenant, the building signage should not exceed City Code requirements. The applicant should submit a revised exterior elevation drawing that addresses each of these concerns. Pylon Sign — The pylon sign is proposed to be a 27 foot tall, 125 sq. ft. pylon sign, with a five -foot brick base to match the building, which is allowed per City Code. The City Code also requires a minimum of 300 -foot spacing between pylon signs. The proposed sign does not meet this spacing requirement; however, the new sign is replacing an existing pylon in the same location. Awnings — The proposed awnings are to be constructed of canvas material which is a durable material that is often utilized. Similar retail commercial developments have been allowed Sunbrella, Arlon or Canvas material. These materials have been included as a condition of approval to ensure consistency and quality. Further, the awnings should not allow for additional tenant identification. Landscaping — The Landscape Plan is acceptable; however, the applicant should provide a revised plan that labels the plant type key in accordance with the legend. The applicant proposes the addition of 22 deciduous trees (mix of four varieties), planted throughout the site, as well as seven ornamental trees (Spring Snow Crabapple). Shrubs (Maney Juniper and Sugar Plum Lilac) are provided along Cliff Road to provide screening of headlights from the right -of -way. Foundation plantings are proposed for those areas with limited pedestrian traffic and that are not future patio areas. Two raingardens are provided as infiltration basins, which are further discussed later in the report. The impervious surfaces on the site will slightly decrease with the redevelopment from 75.6% to 73.1 %. 159 Planning Report — Eagan Retail April 24, 2012 Lighting — The Lighting Plan is acceptable. The City Code Sec. 11.70, Subd. 21.D.8 requires that site lighting be provided as is necessary for security, safety and traffic circulation. Such illumination should be indirect and diffused or shielded. Lighting should not be directed upon public rights -of -way or adjacent properties and the source of light should not be visible from off the property. While not specified in City Code, parking lot lighting should provide minimum light levels of 0.5 footcandles throughout and light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to- minimum uniformity ratio not greater than 4:1. Lighting fixtures should be consistent throughout the development. All fixtures should be downcast and shielded to prevent glare. The lighting plan indicates there are going to be five 17 -foot tall poles with a three foot base for an overall height of 20 feet. These lights are to have full cutoff performance which are "nighttime friendly ". The new light poles are distributed throughout the site. Site lighting is also provided by five building mounted lights. Financial Obli ag tion — At this time, there are no pending assessments on the parcel. Grading/ Topography — The site was graded with previous development, and the proposed development will generally follow the existing grades. Storm Drainage /Water Quality — The proposed development will utilize the existing storm drainage system on the site, which ultimately drains to Pond AP- 42 north of Cliff Road. Consistent with City Code §4.33 Post Construction Requirements for stormwater management, the proposed development will result in 2,384 ft2 (3.5 %) less impervious coverage than existing conditions. Stormwater infiltration/filtration features are also proposed to reduce the volume and increase the water quality of runoff from the site. The applicant should be responsible for regular inspections and maintenance of the stormwater features and for reporting to the City about these activities. Utilities — Sanitary sewer and water service lines of sufficient size, depth, and capacity currently serve the existing building, and are available to serve the proposed new building. The applicant should be responsible for relocating the existing hydrant at the new entrance onto Rahncliff Court under the building permit, in accordance with City engineering standards. Parking/Access /Circulation — Public street access onto Rahncliff Road to the west is proposed to be removed. The access onto Rahncliff Court to the south is proposed to remain but to be re- aligned with the existing driveway entrance across Rahncliff Court to the south. Right- in/right- out access will also remain onto Cliff Road (County State Hwy. 32) via shared service drive with the property to the east. Planning Report — Eagan Retail April 24, 2012 Page 7 City code requires that all off - street parking and storage areas be properly maintained to prevent deterioration. The existing bituminous surface that is proposed to remain on the site surrounding the existing building is in fair condition, and will require maintenance to prevent further deterioration. Pedestrian circulation in the area is provided by sidewalk connection to the existing trail on Rahncliff Road, which is connected to the City's trail system. Right -of -Way/ Easement — There is currently insufficient right -of -way covering Rahncliff Road adjacent to this property. This development should dedicate a street & trail easement along Rahncliff Road to a minimum of two feet east of the existing trail along the east side of Rahncliff Road. Tree Preservation — There is no significant vegetation on the site. Parks and Recreation — The requirements have previously been satisfied. At their October 4, 1984 meeting, the Advisory Parks and Recreation Commission recommended a cash dedication to satisfy park requirements and to provide a sidewalk along Rahn Road. This recommendation became a condition of subdivision approval by the City Council. Outdoor Patio Dining — The applicant is requesting outdoor patio dining approval for the future tenants. Enclosure of the patio space and controlled access from within the building is required if the restaurant will be serving liquor, as is proposed for this site. Since the tenants are not yet secured, the patio plan details are unknown; however, the most logical location for the patio(s) would be on the concrete surface adjacent to the building. This location would satisfy setback requirements. The applicant and/or future tenant(s) should submit a patio plan for staff approval and obtain a building permit for the required fence. A sewer availability charge will be part of the building permit review. The patios should not provide more than 24 cumulative seats, so as not to require additional parking. The outdoor patio dining should meet City Code requirements. This has been included as a condition of approval. On -Sale Liquor — The applicant is requesting on -sale liquor zoning approval for the future tenants. This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses. There are no protected uses (i.e., daycare centers, schools, churches) within the special use setback. The appropriate liquor license would need to be obtained from the City for any restaurant. On -sale liquor sales should also comply and be operated in accordance with all relevant state laws and regulations. iii Planning Report — Eagan Retail April 24, 2012 Page 8 SUMMARY /CONCLUSION The applicant is requesting approval of a Rezoning and Final Planned Development to allow redevelopment of this former gas station and car wash site. The redevelopment will include a multi - tenant building with outdoor patio dining and on -sale liquor (beer /wine). The rezoning from CSC to PD allows the potential for deviations from typical zoning requirements. The acceptability of the deviations is a policy matter to be determined by City officials. The following deviations are proposed: • Parking setback/drive aisle • Parking stall depth (existing condition) • Pylon sign spacing (existing condition) Approval of the Rezoning will constitute the Preliminary Planned Development approval. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning from CSC, Community Shopping Center, to PD, Planned Development, upon approximately 2.12 acres located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, legally described as Auto Plaza Condo Units 1, 2, 3 and 4, being part of Lot 1, Block 1, Rahncliff 1St Addition. To recommend approval of a Final Planned Development to permit an approximately 7,150 sq. ft. multi- tenant retail building located at 1992 and 1996 Cliff Road and 1984 Rahncliff Court, legally described as Auto Plaza Condo Units 1, 2, 3 and 4, being part of Lot 1, Block 1, Rahncliff 1St Addition. If approved, the following conditions should apply: 1. A written Final Planned Development Agreement shall be executed and recorded with the County Recorder's office. The following exhibits are necessary for the Final PD Agreement. • Final Site Plan • Final Building Elevations (including trash enclosure) • Final Site Lighting Plan • Final Landscape Plan (corresponding to legend) • Final Signage Plan 2. This Final Planned Development allows for the following: • Multiple buildings on one parcel • Joint parking • Outdoor patio dining, not to exceed 24 total seats (subject to building permit, SAC determination and site plan approval by City staff) • On sale liquor (beer /wine; subject to liquor license approval) A�L Planning Report — Eagan Retail April 24, 2012 Paize 9 3. All owners of the CIC plat shall be a party to the Final PD Agreement and provide signatures on said document. 4. This development shall dedicate street & trail easement along Rahncliff Road to a minimum of two feet east of the existing trail along the east side of Rahncliff Road. 5. The applicant shall be responsible for relocating the existing hydrant at the new entrance onto Rahncliff Court under the building permit application, in accordance with City engineering standards. 6. Mechanical equipment units shall be setback from the edge of the roof a minimum of 20 feet. Screening of said units shall meet all City Code requirements. 7. Building identification numbers shall be installed consistent with City Code Section 2.78. 8. The trash enclosure shall meet City Code requirements. 9. The developer shall provide evidence of the condominium plat and the necessary signatures of both owners and lenders, in a form acceptable to the City Attorney, prior to recording of the Final PD Agreement. Signage 10. The exterior elevations shall be revised to accurately reflect the number of tenants, equally allot the sign bands, provide adequate spacing between the sign bands and reduce the number of wall signs, up to two total signs for the end units and one for each interior tenant, as required by City Code. 11. The pylon sign shall not exceed 27 feet in height and shall comply with all other City Sign Code requirements. 12. Sign permits shall be obtained prior to installation for both the building and pylon signs. 13. All awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. Landscaping 14. The Final Landscape Plan shall provide labels with the plant type key in accordance with the legend. 15. All landscaped areas shall be irrigated. 16. The applicant shall be responsible for regular inspections and maintenance of the stormwater features and for reporting to the City about these activities. 410. 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Creator of value. 5125 COUNTY ROAD 101 • #100 • MINNETONKA, MN 55345 • PHONE: 952/294 -0353 • FAx: 952/294 -0151 • WEB: www.oppidan.com April 4, 2012 Ms. Sarah Thomas, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Development Application Proposed Re- Development 1984 Rahncliff Road and 1992 & 1996 Cliff Road Former Gas Station & Canopy, Former Car Wash and Rudy's Auto Eagan, MN Dear Sarah: The following is an overview of the redevelopment being proposed at the above referenced location. The parcels are currently owned by Holiday Companies, under a condominium, and Oppidan has entered into agreement to purchase with the owners. The Applications (including the supporting fees) and requests for the site are as follow: 1. Rezoning of the property to modify the zoning from the current CSC designation to PD. 2. A Final Planned Development for the proposed improvements to the property. 3. An Amended Condominium Plat, representing the new building on the parcel. Dakota County will review and approve. This is being presented to The City of Eagan for information only. 4. Request for Joint Parking. 5. Conditional Use for Outdoor Patio Seating /Dining 6. Conditional Use for Liquor Sales (Beer & Wine). 7. City of Eagan Deposit Agreement for the application and a check for $3,700 representing the Application Fee of $350 for both the Rezoning Application and Final Planned Development Application and a $3,000 escrow. An overview of the application requests,, proposed redevelopment and site specific improvements are as follow: E"- 0 3 2012 • Holiday is the current owner of the vacant gas station (including canopy), the vacant car wash and the Rudy's Auto portion of the condominium. O'Reilly Auto Parts store and Valvoline are currently operating within the site and are owned by separate entities, under the condominium. • Current Zoning is CSC and the City has requested that this be modified to PD, a.more appropriate zoning for this location. • A new Condominium Plat is proposed. This will eliminate the current condominium units for the - gasst .tion; gas canopy, and car wash and replace those with a single.unit for the new retail ; building. • . 'Relocation of the - access -point on Rahncliff Court to the .east-by approximately 50 feet • Project demolition and construction will.start Summer, 2012. Demolition of the current gas station building, gas canopy and car wash building. Elimination of the old Marathon Gas pylon.sign o,n'the n`orthwest.corner of the lot:and replacing that with a new multi - tenant sign as indicated, for the new retail building tenants. • Addition of.a new retail building,- consisting of approximately 7,150.s:qu8re feet, is proposed: This building will allow for patio seating adjacent to the building on:designated area "sand po.tentialiy' sidewalk seating. • The elimination of the current Riot-In/Right-Out access along Rahncliff Road. • The addition of a Trail Ease ment,,along the walking path - currently installed on the west side of the property, will be put in place. Today, the trail is located on private property without an easement. An easement is proposed from the west "property line to a point of 2 feet +/- to the " east of the existing trail This easement is being placed with, the comment that all parking and building setbacks be determined from the west property line, not the easement line. • New landscaping along Rahncliff Road and in other areas, the addition -of smaller rain gardens and the pruning /trimming of the existing trees along Cliff Road. e A slight decrease in the amount of impervious surface at the site. Storm water will continue to be handled with the current off -site system. • The new building will be a combination of masonry, glass and EFIS, the design meeting the City requirements for materials on all sides. Signage "will meet City requirements for the building face to be signed. • HVAC units will be screened from the adjoining R -O -W's by placing the units along the center beam line of the building and proving that not - unit.be closer than 10 feet from the edge of the building. The parapets of the building will provide the screening of these units when positioned as described. • Lighting will include new lights in the western portion of the site. All new lighting will meet City design criteria and cutoffs: • No Drive Thru is contemplated at this time. If a Drive -Thru is contemplated, a separate application, review and approval would need to take place. RECEIVED APR 17? • The quick serve restaurant will require the serving of beer and wine. A Conditional Use Permit is part of this request for the sale of beer and wine. The individual user will need to make application for the license, once their lease is signed. • There are two patio area provided on this building site. A Conditional Use Permit has been requested for outdoor seating /dining. Each user, if they elect to have outdoor seating, will need to provide a.Patio Plan for staff review and approval prior to any dining in these areas. • A Final Planned Development Agreement -will be executed by all owners of the property.`This will allow current owners to maintain their current use (i.e. Valvoline, Rudy's Auto,,O'Reilly Auto Parts),and set the guidelines for future modifications to the balance of the site.- • ` The CIC Plat will be amended with Dakota County once the final building is completed. The plat has-been submitted to The'Cityof Eagan for information only: . • .Condominium documents exist today.that provide for the parking to be common to all Condominium Owners within the development. Within the new retail building, it is anticipated that the users will include -a Quick serve restaurant (with _ approximately 75 seats), a deli /sandwich location (approximately 40.seats) and two general retail users, totaling 2,600 s.f. In addition, the'Rudy's Auto (3,300 s.f. with 3 service bays), the O'Reilly Auto Parts (5,300 s.f.) and Valvoline -Oil Change (1;600 s.f. with 2 service bays) will remain in. their current operational condition. The Site has 90 parking stalls total, with the new parking configuration bn the west side. Parking required for the entire development is as follows: Quick Serve Restaurant (2,700 s.f. contains 75 seats) 25 stalls required Deli /Sandwich Shop:(1,700 s.f. contain 40 seats) ` 13 stalls required Retail New (2,600 s.f at 1 stall per 200 s.f. to 10,000s.f.) 13 stalls required Existing New (5,300 s.f at 1 stall per 200 s.f. to 10,000s.f.) 26 stalls required Rudy's Auto'Service (3,300 s.f.) 10 stalls required Valvoline (1,600 s.f.) 8 stalls required Total Required if.Each were Independent 95 Stalls The code states that parking for "Retail" over 10;000 s.f. is at a ratio of 1 stall per 250 s.f. Applying that threshold to the site (after using the two restaurants in the initial 10,000 s.f.) the resulting required parking would be. 3 stalls less. Additionally, the Code allows for a reduction of up to 30% is there is a Joint Parking facility, which this is under the Condominium Documents and the related Association 4�D REC 2012 rte' Agreement, filed of record. That would allow for a reduction of up to 27 stalls, leaving the site well within the required parking limits now and in the future for other uses. The land uses surrounding the property are all commercial. To the east, there is a fast food restaurant and shopping center. To -the west, there is a Walgreen's and another multi- tenant building. To the south, there is fast food and hotels and to the north (across Cliff Road) is Target, Cub, tenant shop space and the movie theatre. The impacts of the proposed redevelopment on this property and the surrounding property are neutral: The redevelopment is an upgrading of, current vacant uses wi.fhin the property and will enhance the area as an overall destination for goods and services. Traffic should have no impacts, going from a gas /convenience and car wash operation to a "multi - tenant building with the uses identified., Additionally, we are removing one access point to, have a better flow to "and from this location. Utility service exists at the location today and the proposed improvements will enhance-the site with a bit less impervious surface and some enhancement to storm water management with rain gardens in areas. All plans required are included with this application. We are excited about the opportunity. to redevelop this site and the potential to enhance the community. We look forward to working with the city on a successful development within the City. Sincerely, Paul J. cd. RECEIVED APR 0 3 2012 2 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 1, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Consultant Agreement with Maxfield Research for Cedar Grove Outlet Center Market Analysis. D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Preliminary Development Agreement with Paragon Outlets for Property in the Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN l�2 Agenda Information Memo Eagan Economic Development Authority Meeting May 1, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the April 3, 2011 EDA meeting are enclosed on pages 's through IE'tb 2. APPROVE Consultant Agreement with Maxfield Research for Cedar Grove Outlet Center Market Analysis — As part of its action regarding the preliminary concept plan for the Paragon Outlets proposal, the EDA directed the preparation of a market analysis to confirm that whether an outlet center of the kind and scale proposed at Cedar Grove could be accommodated within the market if the CSM Central Park Commons project were to be approved and constructed. Because Maxfield Research did the Central Area Market Study, they have done the background necessary to perform the additional study of the proposed Paragon I� project. Staff requested and Maxfield provided the proposal enclosed on pages — through lFf') and find it in order for the EDA's consideration. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 3, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 3, 2012 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioners Bakken, Hansen and Tilley. Also present were Executive Director Hedges, Deputy Executive Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Maguire moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 It was recommended to approve the minutes of the March 20, 2012 EDA meeting as presented. NEW BUSINESS PRELIMINARY CONCEPT PLAN FOR RETAIL DEVELOPMENT FOR PROPERTY IN THE CEDAR GROVE REDEVELOPMENT DISTRICT Deputy Executive Director Hohenstein introduced the item regarding the Paragon Outlets Preliminary Redevelopment Concept Plan. Jim McCaffery and Len Pratt provided an overview of the project and introduced Kelvin Antill and Salem LaHood of Paragon Outlet Partners, LLC. Antill and LaHood provided a presentation of the proposed outlet center. Don Henson, Eagan resident, addressed the Commission regarding the experience of the developer in a northern climate. )PA The Commission discussed the developer's proposal and voiced support for the proposed change to move the park use to the south side of Cedar Grove Parkway. Deputy Executive Director Hohenstein summarized the preliminary findings related to traffic and previous retail market studies. Commission direction was given to staff to review the Maxfield retail study to review the proposed CSM development and the proposed outlet center to determine compatibility. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Paragon Outlets Preliminary Redevelopment Concept Plan dated March 28, 2012 for a portion of the core area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Tilley seconded a motion to direct preparation of a preliminary real estate agreement between the Eagan EDA and Paragon Outlets for the area defined by the Preliminary Concept Plan to be considered at the ESA meeting of May 1, 2012. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded the motion to adjourn. Aye: 5 Nay 0 Date Thomas Hedges, Executive Director T Aeld Research Inc. April 9, 2012 Eagan Economic Development Authority City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Mayor McGuire and EDA Members: This letter will serve as our agreement for Maxfield Research Inc. to provide the City of Eagan with a market opinion memorandum that will outline projected growth trends in population and consumer expenditures for various categories of retail goods and services that will focus on the types of outlets that will be found at Paragon. We will compare /contrast this with the proposed target tenants for the CSM site to identify how these two properties will generally have different mixes of tenants that will overall expand the retail options in Eagan, rather than cannibalize existing retailers. This will be especially true with Paragon as most of their tenants are likely to be soft goods retailers (clothing, furniture, shoes, accessories, household items) which are not well- represented among the current offerings or the proposed offerings at the CSM center. We will prepare this primarily through using the material already prepared for the previous retail market analysis with some updated figures if they are available. We propose a cost of $2,000.00 to compile this memorandum including all out of pocket expenses. Maxfield Research Inc. will provide opinions and collect and review data, using our most previous report completed for the City of Eagan. The intent of the consulting assignment is to provide information to the Council that is focused on the differentiation between the CSM development and the Paragon development. Scope and Cost of Services Maxfield Research will provide the above range of consulting services to the City of Eagan in examining current market conditions and the potential demand for differing types of retail establishments in the Eagan draw area. We will provide this information in a memorandum for a not to exceed fee of $2,000.00, including all out -of- pocket expenses. Fees for services rendered will be billed monthly as costs are incurred. MAXFIELD RESEARCH INC. I� Mayor McGuire and EDA Members April 9, 2012 Eagan Economic Development Authority Page 2 Payment All invoices are payable to Maxfield Research Inc., within thirty (30) days of receipt of an invoice showing the work completed and the direct costs for expenses. A finance charge of one and one -half percent (1.5 %) per month will be added to the unpaid balance of each invoice not paid within sixty (60) days. Disclaimer The objective of this research assignment is to gather and analyze as many market components as is reasonable within the time limits and projected staff hours set forth in this agreement. We assume no responsibility for matters legal in character. Certain information and statistics contained in any report that may be generated, which are the basis for conclusions contained in any report, may be obtained by other independent sources. While we believe this information is reliable, it may not have been independently verified by us and we assume no responsibility for its accuracy. The conclusions in any report that we may generate for this assignment are based on our best judgments as market research consultants. Maxfield Research Inc. disclaims any express or implied warranty of assurance of representation that the projections or conclusions will be realized as stated. This agreement will be construed according to the laws of the State of Minnesota. Termination This agreement may be terminated upon written notification of either party to the other. In the event of termination, the Client will pay Maxfield Research Inc. for staff hours performed at the firm's normal hourly rates, plus all expenses incurred through the date of termination. If this agreement meets with your approval, please sign and return one copy to the offices of Maxfield Research Inc. MAXFIELD RESEARCH INC. 1 � Mayor McGuire and EDA Members April 9, 2012 Eagan Economic Development Authority Page 3 Agreed to this day of MAXFIELD RESEARCH INC. fir, 1 ,M 1 Mary C. Bujold President MAXFIELD RESEARCH INC. 2012. ECONOMIC DEVELOPMENT AUTHORITY Mayor Mike McGuire President BLANK SHEET NO MATERIALS MISSING w VA Agenda Memo Eagan Economic Development Authority Meeting New Business May 1, 2012 1. CEDAR GROVE REDEVELOPMENT DISTRICT - PARAGON OUTLETS PRELIMINARY DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve a Preliminary Development Agreement with Paragon Outlets Eagan LLC for property in described in the Preliminary Redevelopment Concept Plan and authorize the EDA officers to execute the document. FACTS: At its meeting of April 3, 2012, the EDA approved a Preliminary Redevelopment Concept Plan for Paragon Outlets proposal to construct a 400,000+ sf outlet shopping center and related parking improvements on approximately 35 acres in the core area of the Cedar Grove Redevelopment District. As a part of that action, the EDA directed the preparation of a preliminary development agreement between Paragon and the EDA to provide the company with site control through the preliminary marketing phase and the negotiation of a purchase agreement. That agreement has been negotiated, executed by Paragon and is in order for consideration by the EDA at this time. /TW .T41 I tUDI � M -1T • Preliminary Concept Plan on page • Agreement on pages J!_ through jqC) }\ _ \\ / \ / z d U >� 2 � {� 7 \ \ \ { \ / ( z ��. . g. ^ � \. � � \ PRELIMINARY REDEVELOPMENT AGREEMENT THIS PRELIMINARY REDEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of the day of April, 2012, by and between Eagan Economic Development Authority, a Minnesota public body corporate and politic (hereinafter the "EDA "); and Paragon Outlets Eagan LLC, a Delaware limited liability company (hereinafter "Paragon "). The EDA and Paragon shall hereinafter be referred to as the "Parties." WHEREAS, Paragon has presented a Preliminary Concept Plan for the development of an outlet mall within the Cedar Grove Redevelopment District ( "the Project "), which redevelopment area consists of approximately 35 acres and is generally depicted on Exhibit "A" attached hereto (hereinafter the "Property "); and WHEREAS, in an effort to pursue the Project, Paragon has requested that the EDA grant it an exclusive right to negotiate with the EDA for a formal option or purchase agreement (collectively, "a Purchase Agreement ") for the Property; and WHEREAS, the EDA is the owner of the Property and legally entitled to convey it to Paragon pursuant to a Purchase Agreement for that purpose; and WHEREAS, the EDA is willing to grant Paragon the exclusive right to negotiate a Purchase Agreement for the Property, provided that Paragon submits an escrow to cover such reasonable costs as the EDA may incur in connection with reviewing Paragon's Project proposal and negotiating a Purchase Agreement. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: l . TERM of AGREEMENT. The term of this Agreement is One Hundred Fifty (150) days from the date of this Agreement. The term of the Agreement shall be extended for an additional 30 days upon request of Paragon provided the EDA and Paragon are engaged in good faith negotiations over the terms of a Purchase Agreement for the Property. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the EDA in reviewing Paragon's development proposal and the negotiation of the Purchase Agreement, and in further consideration of the amount of $25,000.00 paid by Paragon to the EDA (the "Deposit "), the receipt of which is hereby acknowledged, the EDA hereby agrees that for the term of this Agreement it will not solicit, consider, negotiate or enter into any agreement for the development, lease, sale or other transfer or disposition of the Property with any other party. During the term of this Agreement, Paragon shall have the exclusive right to make a proposal and negotiate the terms of a Purchase Agreement for the Property. This Agreement shall continue, unless earlier terminated as provided herein, for a period of One Hundred Fifty (150) days from the date hereof, or until such later date as the Parties may mutually agree in writing. Subject to Paragraph 1 above, the EDA and Paragon will commit to good faith negotiation of a Purchase Agreement during the term of the Agreement. THE PROJECT. The Project will consist of the development and construction of an outlet mall and structured parking facilities as agreed between the EDA and Paragon. The building design must be consistent with the design standards for the Cedar Grove Redevelopment Area. 4. DELIVERY OF DOCUMENTS. The EDA agrees to provide Paragon, upon reasonable request therefor, with copies of any surveys, engineering plans or specifications, environmental reports, title reports, feasibility studies or analyses and other documents concerning the Property in the FDA's possession. The EDA shall have fulfilled its obligations under this Section by delivering such information to Paragon or by posting them online at the City's website. 5. ANALYSIS FOR PUBLIC ASSISTANCE. The EDA has not and is not making any commitment to provide a type, level or amount of public assistance to Paragon for the Project. The EDA will work with Paragon to determine if public assistance is available to the Project. The EDA intends to engage the services of Faegre, Baker, Daniels, LLP, Ehlers & Associates, Inc. and Dougherty, Molenda, Solfest, Hills & Bauer P.A. as well as other persons (collectively referred to as the "Consultants "). The Consultants are being retained to assist with issues pertaining to the financial feasibility of the Project, including the availability of public assistance, and the negotiation and preparation of the Purchase Agreement. The EDA will reimburse itself from the Deposit to cover the reasonable costs and expenses incurred by the Consultants retained by the EDA. Documentation of such costs and expenses will be provided to Paragon. 6. TERMINATION. This Agreement may only be terminated prior to its expiration by mutual agreement of the Parties. 7. LEGISLATIVE JUDGMENT. Paragon understands that many of the actions which may be necessary for the Project and the negotiation of the Purchase Agreement are matters that involve discretion by the members of the EDA (whom also serve as members of the Eagan City Council), and in some instances, their legislative judgment as Eagan City Council members. Some of these actions may only be made following established procedures, and the EDA does not and cannot agree, in advance, to any specific decision in such matters. 8. NOTICES. All written communications shall be directed to Paragon at: Paragon Outlet Partners LLC dba Paragon Outlets Eagan LLC Attn: R. Kelvin Antill 217 East Redwood Street 21" Floor Baltimore, MD 21202 Paragon Outlet Partners LLC d/b /a Paragon Outlets Eagan LLC Attn: Tom Burnside, Esq. 217 East Redwood Street 21" Floor Baltimore, MD 21202 With a copy to: Peter J. Coyle, Esq. Larkin Hoffman 7900 Xerxes Avenue South, #1.500 Minneapolis, MN 55431 All written communications shall be directed to the EDA at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122 -1810 With a copy to: Robert B. Bauer, City Attorney Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147'" Street, Suite 600 Apple Valley, MN 55124 3. PA IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. Eagan Economic Development Authority, a Minnesota public body corporate and politic By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director Paragon Outlets Eagan LLC, a Delaware limited liability company By: Rob rt A. Brvenik President STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of April, 2012, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota public body corporate and politic, on behalf of the municipal corporation. Notary Public 4. i STATE OF ftbVlrAd ) )ss. COUNTY OF I HMO-f- ) The foregoin was acknowledged before me this D3rd da of April 2012, by eeart - t vac n K the {�f�e =c1e of Paragon Outlets Eagan LLC, a Delaware limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 26768) 1402399.1 N r ublic Michele F. Cherry Notary Public, State of Maryland Baltimore County Gommieeion Explree 12.20 5. 1 q (0