04/01/2014 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
APRIL 1, 2014
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for
an item to be pulled for discussion)
A. APPROVE MINUTES
B. PERSONNEL ITEMS
C. APPROVE Check Registers
D. APPROVE Resolution of Support: Trunk Highway 77 Managed Lanes and Cedar Grove Transit
Station Access
E. Item removed
F. Item removed
G. Item removed
H. APPROVE Plans and Specifications, Contract 14 -04 (TH 55/ TH 149 Traffic & Safety
Improvements) and Authorize Ad for Bids for May 6, 2014
I. AWARD Contract No.14 -03 (2014 Citywide Street Improvements)
J. AWARD Contract No.14 -01 (2014 Water Quality/ Storm Sewer Improvements)
K. APPROVE Plans and Specifications, Contract 14 -09 (TH 13 /Silver Bell Rd and Nicols Rd /Cedar
Grove Pkwy /Silver Bell Rd Intersection Improvements) and Authorize Ad for Bids for May 1,
2014
L. DECLARE Unclaimed Bicycles to be Surplus
M. APPROVE an Easement Vacation, Final Planned Development and Final Subdivision for
Stonehaven 7th
N. Item removed
0. APPROVE a Professional Service Agreement from Universal Protection Service to
Provide Uniformed Security Professional at the Eagan Community Center's events
P. APPROVE Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 11, 2014
Q. AUTHORIZE Preparation of Outlet Center Travel Demand Management Plan
V. PUBLIC HEARINGS
VI. OLD BUSINESS
A. ORDINANCE AMENDMENT —An ordinance amendment to City Code Chapter 10 regarding Low
Maintenance Yards
VII. NEW BUSINESS
A. CONDITIONAL USE PERMIT —Crown Coco Inc./ Excel Development —a Conditional Use Permit to
allow minor auto repair shop located at 4195 Nicols Road
B. PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION — Eagandale Office Park
6t" Addition / Eagandale Properties - a Planned Development Amendment to allow separate lots
and to dissolve the association and a Preliminary Subdivision of approximately 3.9 acres to create 2
lots and an Outlot located at 1335 & 1345 Corporate Center Curve
C. PLANNED DEVELOPMENT AMENDMENT —Cedar Cliff Center Shoppes/ Schaefer Richardson Inc. —
a Planned Development Amendment to allow a fast food restaurant drive through service located
at 2109 Cliff Road
D. PRELIMINARY SUBDIVISION, REZONING and a PRELIMINARY PLANNED DEVELOPMENT— Hilton
Home2 Suites of Eagan / Morrissey Group and Eagan Economic Development Authority - a
Rezoning from CGD, Cedar Grove District to PD, Planned Development, a Preliminary Subdivision
of 1.8 acres to create 2 lots and a Preliminary Planned Development to allow a hotel located at
3939 Cedar Grove Parkway
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
(There are no EDA items scheduled for consideration at this time)
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
XII1. ADJOURNMENT
City of I bl�
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: MARCH 28, 2014
SUBJECT: AGENDA INFORMATION FOR APRIL 1, 2014 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the April 1, 2014 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
April 1, 2014 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 March 11, 2014 Special City Council and March 18, 2014 regular City
Council meeting as presented or modified.
Attachments: (1)
CA -1 March 11, 2014 minutes
CA -2 March 18, 2014 minutes
MINUTES
SPECIAL CITY COUNCIL MEETING
MARCH 11, 2014
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields and Tilley.
Councilmembers Hansen was absent.
City staff present: City Administrator Osberg, Director of Community Development Hohenstein and City
Planner Ridley.
ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as
presented. Aye:4 Nay:0
VISITORS TO BE HEARD
There were no visitors to be heard.
UPDATE FROM EAGAN'S BEYOND THE YELLOW RIBBON TEAM
City Administrator Osberg introduced the Yellow Ribbon volunteers. Madonna Backstrom, co -chair of
the Yellow Ribbon, provided an overview of their efforts currently underway in the community and
identified areas for additional partnership opportunities between the Yellow Ribbon team and the City
of Eagan.
DYNAMIC SIGNS
City Administrator Osberg introduced the item noting at the August 5, 2013 City Council's Listening
Session, the Council gave staff direction to review the current dynamic sign messaging frequency.
Planning staff gathered information from a number of metro area cities finding there is a wide spectrum
of allowed message intervals. Osberg noted staff performed additional on -line research and spoke with
consultants who have performed sign studies for cities in Minnesota. A single municipal regulatory
standard for on -site signage was not identified in the research. The conclusion was confirmed by the
consultants, who indicated that most definitive analysis, other than that done by the sign industry,
relates to off - premise /billboard signs and that on -site sign standards are often determined by
comparisons. The Director of Community Development Hohenstein gave a staff report.
The Council discussed the frequency of message change times. After further discussion the Council was
in agreement with message minimum display duration of no more than once per minute. Staff was
directed to place the item on a future City Council agenda.
2014 CITY PRIORITIES AND COMMUNITY VISIONING
City Administrator Osberg introduced the item noting at the January 28, 2014 Special City Council
Workshop, the Council gave direction to staff to compile a 2014 City work plan and priorities.
The Council discussed the 2014 City of Eagan Priorities and made certain changes and asked that the
final draft be included on the March 18, 2014 Consent Agenda for Council Approval.
Special City Council Minutes
March 11, 2014
Page 2
The Council took a 5 minute break.
City Administrator Osberg noted that since the Council's 2013 goals retreat, there has been discussion
about engaging the community in a visioning exercise to discuss the community's identity, values and
priorities. At the January 28, 2014 Special City Council Workshop, the Council discussed and reviewed
samples of work from two consultants who specialize in community visioning. Osberg noted should the
Council conclude there is interest in considering a visioning exercise throughout the entire community of
Eagan; a more formal Request for Proposal could be distributed to one or both consultants.
The Council discussed the information received by consultants Rebecca Ryan and Julia Novak, and
agreed they were comfortable moving forward with the Request for Proposal process for a community
visioning exercise in 2015. The Council agreed a more customized Request for Proposal should be
drafted and available for Council's review prior to sending out the request to Rebecca Ryan and Julia
Novak.
There was no other business to be heard.
OTHER BUSINESS
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn at 7:20 p.m.
Aye:4 Nay:O
Date
Mayor
City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
MARCH 18, 2014
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Acting
Mayor Fields and Councilmembers Bakken, Hansen and Tilley. Mayor Maguire arrived at 6:05 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, March 18, 2014 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 Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Director of Community Development
Hohenstein, City Planner Ridley, Director of Parks & Recreation Johnson, Director of Public Works
Matthys, Police Chief McDonald, and Executive Assistant Stevenson.
AGENDA
Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as
presented. Aye:5 Nay :0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations to be heard.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented: Aye: 5 Nay: 0
A. It was recommended to approve the minutes of March 4, 2014 City Council meeting.
B. Personnel Items
1. It was recommended to approve the hiring of Peter Akmenkalns as a temporary Building
Inspector, to approve the status change of Tom Miklya, current employee serving as
Property Maintenance Specialist to temporary Building Inspector, and approve
corresponding budget adjustment moving costs from Community Development budget
line 6310 — Professional Services to line item 6130 — Personal Services.
2. It was recommended to approve the hiring of Tom Schellinger, FT Fire Captain with the
Eagan Fire Department.
C. It was recommended to approve check registers dated February 28 and March 7, 2014.
D. It was recommended to approve the issuance of an RFP for a Police /City Hall Campus Facility
and Site Evaluation.
E. It was recommended to approve the 2014 City of Eagan Priorities.
F. It was recommended to approve the plans and specifications for Contract 14 -06 (Denmark
Lift Station Replacement — Sanitary Sewer Improvements) and authorize the advertisement
for a bid opening to be held at 11:00 a.m. on Friday, April 18, 2014 at the Utilities
Administration building located at 3419 Coachman Point, Eagan, MN.
G. It was recommended to receive the petition to vacate a public drainage and utility easement
on Lot 1, Block 2, Eagan Promenade, and schedule a public hearing to be held on April 16,
2014.
City Council Meeting Minutes
March 18, 2014
2 page
H. It was recommended to receive the petition to vacate public drainage and utility easements
on Outlot A, Great Oaks and Outlots A and B, the Woodlands North Addition, and schedule a
public hearing to be held on April 16, 2014.
I. It was recommended to approve a Joint Powers Agreement with the Dakota County
Transportation Department for Project 1146 (2014 Citywide Trail Improvements) within
County right -of -way in the City of Eagan, and authorize the Mayor and City Clerk to execute
all related documents.
J. It was recommended to receive bids for Contract 14 -08 (TH 55 /TH 149 Roadway Safety and
Capacity Upgrade — Traffic Signal Material and Equipment) and award the contract to
Millerbernd Manufacturing Company in the base bid amount of $182,374.00; and designate
Millerbernd Manufacturing Company as the City's purchasing agent for sales tax exemption
purposes; and authorize the Mayor and City Clerk to execute all related documents.
K. It was recommended to direct staff to initiate an ordinance amendment to Chapter 11 to
modify the message hold time for on premise dynamic signage.
L. It was recommended to approve an easement agreement with the owner of Parcel No. 10-
00100- 550 -20 for City Project 1011 (TH 55 /TH 149 Roadway Safety 7 Capacity
Improvements).
M. It was recommended to acknowledge Eagan as the recipient of the 2013 Tree City USA
Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution
setting Wednesday, May 14 as Arbor Day and May 2014 as Arbor Month in the City of
Eagan.
N. It was recommended to approve a 90 -day extension for recording the Conditional Use
Permit to allow outside storage of up to 620 passenger vehicles at 2905 Lexington Avenue
South.
0. It was recommended to approve a letter of support for a Congestion Mitigation and Air
Quality grant application for the Cedar Grove Transit Station access improvements.
P. It was recommended to direct staff to initiate an ordinance amendment to Chapter 11 to
permit and regulate Accessory Dwelling Units in R -1 and Estate Zoning Districts.
Q. It was recommended to adopt a resolution approving an Exempt Permit for the Red Pine
Elementary PTO to conduct a raffle on May 1, 2014 at Red Pine Elementary School, 530 Pine
Lane.
R. It was recommended to adopt a resolution approving a Premise Permit for the American
Veterans Post 1 to conduct lawful gambling at Blue Stone Steak and Seafood, 2864 Highway
55, Suite 200.
S. It was recommended to approve a temporary on -sale liquor license and waive the license
fee for Trinity School at River Ridge, 601 River Ridge Parkway, on May 3, 2014.
T. It was recommended to award contract 13 -05 conduit /fiber installation to Cedar Grove
Parking Garage to Michels Corporation, direct the City Attorney's office to prepare the
necessary contract and authorize the Mayor and City Clerk to sign the contract.
PUBLIC HEARINGS
OUTLOT M, STONEHAVEN 6T" ADDITION, EASEMENT VACATION
City Administrator Osberg introduced the item noting staff received a petition on January 31, 2014
to consider vacation of the existing drainage and utility easement that is part of Outlot M,
Stonehaven 6 t" Addition adjacent to Yankee Doodle Road and Lexington Avenue. Osberg noted the
City Council Meeting Minutes
March 18, 2014
3 page
approval of the plat for the Stonehaven 7th Addition final plat and subdivision is tentatively
scheduled for Council consideration on April 1, 2014. Director of Public Works Matthys gave a staff
report.
Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion
back to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing
for the vacation of public drainage and utility easements located on Outlot M, Stonehaven 6th Addition
and continue action to coincide with future City Council consideration of the Stonehaven 7th Addition
final plant and subdivision. Aye: 5 Nay: 0
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES)
City Administrator Osberg introduced the item noting the planned development amendment for
MFC Properties was before the City Council on February 3, 2014, and was continued to allow the
applicant time to address green space and vehicle maneuvering concerns the Council expressed.
City Planner Ridley noted the changes on the proposed plans and provided a site location map.
The applicant, Bruce Miller with MFC Properties, thanked the Council for allowing them to make
revisions to the original plans submitted on February 3, 2014. Miller noted the proposed revised
plan extends the drive -thru lane behind the building to accommodate a right turn movement when
exiting the drive -thru lane. Miller reiterated, he is seeking relief from the required conversion of
impervious area to green space because of a site upgrade in 2008 that added additional green
space of over 1,770 sf.
Rob Rule, the owner of Premier Cleaners, was available for questions.
Mayor Maguire opened the public comment. There being no public comment, he turned the discussion
back to the Council.
The Council discussed the revised plans and explored other options for the site that might address
the traffic concerns. After further discussion the Council noted the revised plan dealt with some
issues, but they still had concerns with traffic behind the buildings. Mayor Maguire noted the
redesign needs to show more detail and how it is going to direct exiting drive - through traffic to the
south and the west. The Council also suggested the applicant work with staff when making the
revisions.
The Council provided the following direction to the applicant:
• Redesign the drive - through exit lane
• Direct exiting drive - through traffic in a way that discourages vehicle movement north
behind the buildings
• Preserve as much green space as possible
City Council Meeting Minutes
March 18, 2014
4 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to continue the item to the
April 16, 2014 City Council meeting. Aye: 5 Nay: 0
NEW BUSINESS
There were no new business items to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at
7 :43 p.m. Aye: 5 Nay: 0
Date
Mayor
City Clerk
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
B. Personnel Items
Item 1
Action to be Considered: Approve City of Eagan Policy Changes for Temporary Full Time Fire
Captain and Temporary Full Time Fire Fighters.
Facts:
➢ Because of the nature of the work and how the work will be performed, certain City of
Eagan policies do not apply and require modification.
➢ Revisions were made to the policies that relate to how holidays are compensated, how
hours of work are determined, the definition of seniority and provisions for standard
uniforms.
Attachments: (1)
CB -1 Firefighter policy modifications
Item 2 Approve the promotion of Jennifer Saver, Rental Coordinator at the Eagan
Community Center
Action to be Considered:
Approve the promotion of Jennifer Saver, Rental Coordinator at the Eagan Community Center and
authorize replacement of the FT Manager on Duty position.
Facts:
➢ The City Council previously approved to fill the position on February 18, 2014.
➢ Ms. Saver has served as FT Manager on Duty at the Eagan Community Center since
November 2010.
Attachments: None
Item 3 Approve reclassification of Administrative Supervisor
Action to be Considered:
Approve the reclassification of the Administrative Supervisor from Level 9 to Level 11.
Facts:
➢ Due to the retirement of the Operations Superintendent -Level 14, and the sunset of this
particular job description, certain duties in the previous job description were reallocated to
the Administrative Supervisor job description.
➢ These additional duties were evaluated by Human Resources and determined to warrant a
classification level change from Level 9 to Level 11.
Attachments: None
City of Eagan
Benefit and Policy modifications for Full Time Fire Captain and Full Time Fire Fighters:
The Full Time Fire Captain and Full Time Fire Fighters shall be subject to all City policies as described in
the City of Eagan Personnel Policy Manual with the exception of those listed below:
Hours of work: The identified Fire Department employees will be scheduled 8.5 hours per day. A 30
minute unpaid lunch /rest break will be included in the 8.5 hours. There will be occasions when a call will
take precedent over the break time and it is expected that staff will respond to fire calls accordingly.
Holidays: Identified Fire Captain and Fire Fighters will be scheduled to work designated holidays
as directed by the Fire Chief or designee. Because of the nature of the work requires identified staff to
work holidays, the City of Eagan will compensate these employees by paying them 96 hours of holiday
pay annually in the form of a lump sum payment no later than December 31 of each calendar year.
Seniority: If more than one Fire Fighter is hired on the same day, seniority will be established using
the birth month and birth day to determine seniority. Those who we born earlier in the calendar year,
despite the year of birth, will be considered more senior that those with a birth month and birth day
later in the year.
Uniforms: The Fire Department will determine a standard issue of clothing and PPE for the full
time Captain and the full time Fire Fighters.
Severe Weather Conditions: The following policy shall not apply to the identified positions of Full Time
Fire Captain and Full Time Fire Fighters:
16.1.5.1 Severe Weather Conditions:
When severe weather conditions prohibit an employee from reporting for or completing
the employee's normal work shift, a non - exempt employee shall be paid only for those
hours actually worked. A non - exempt employee who has absences due to weather
conditions may charge those absent hours to accrued vacation or sick leave. An exempt
employee who is prohibited from reporting for work because of severe weather
conditions may charge the entire day's absence to accrued vacation or sick leave. An
exempt employee who does report for work shall be paid for the employee's normal work
day. If employees remain on the premises after office hours due to severe weather
conditions, they shall not be entitled to overtime compensation unless they remain to
work because they are required by departments to assist during the emergency situation
and the hours worked per week exceed forty.
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
C. Ratify Check Registers
Action To Be Considered:
To ratify the check registers dated March 14 and March 21, 2014 as presented.
Attachments: (2)
CC -1 Check register dated March 14, 2014
CC -2 Check register dated March 21, 2014
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
D. Trunk Highway 77 Managed Lanes and Cedar Grove Transit Station Access Study
Resolution of Support
Action To Be Considered:
Approve a resolution of support for the final recommendations of the Highway 77 (Cedar
Avenue Freeway) Managed Lane and Cedar Grove Transit Access Engineering Study completed
by the Minnesota Department of Transportation and authorize the Mayor and City Clerk to
execute all related documents.
Facts:
➢ The Highway 77 (Cedar Avenue Freeway) Managed Lane and Cedar Grove Transit Access
Engineering Study considered alternatives for a proposed managed lane on northbound
Hwy 77 between 138th Street in Apple Valley and Old Shakopee Road in Bloomington. The
study also considered access improvements for the Bus Rapid Transit (Red Line BRT) to the
Cedar Grove Transit Station. The successful study process has been completed as a result of
effective public and stakeholder involvement and recommendations have been selected.
On December 18, 2013, the Policy Advisory Committee (PAC) recommended Option 2B
(Widen /Restripe) for the Highway 77 Managed Lane. Option 2B (Widen /Restripe) would
construct a third lane from 138th Street in Apple Valley to near Diffley Road in Eagan. The
existing bus shoulder would be restriped between Diffley Road and Hwy 13 and eliminated
from Hwy 13 to Old Shakopee Road.
➢ Additional language included in the recommendation captures the relationship of the Hwy
77 project to future improvements and traffic conditions at the 1 -494 interchange area and
the uncertainty over the timing of the project. The additional language is as follows: PAC
members understand the benefits of the Hwy 77 Managed Lane project cannot be fully
achieved without improvements to manage or reduce congestion along westbound 1 -494
between Hwy 77 and 1 -35W in the Richfield /Bloomington area.
➢ On December 18, 2013, the PAC recommended Concept G (Center Station with Pedestrian
Bridge) for the Cedar Grove Transit Access. Center Station Concept G would have buses
move to the left hand lane and exit to a new center transit platform located in the Highway
77 median. Passengers would access the center platform via an enclosed climate - controlled
pedestrian crossing over the northbound lanes of Highway 77 to the existing Cedar Grove
station. Buses would re -enter the highway via the left hand (center) lane. The same pattern
would apply for either direction of travel.
➢ The key advantages of Concept G over the others studied include: greatest Red Line BRT
travel time savings; fastest option for through passengers; lowest cost; greatest bus
operator savings.
➢ Metro Transit and Dakota County are leading the effort to fund, design, and construct the
Cedar Grove Transit Access project and have it operational by 2016. On March 18, 2014, the
City Council approved a letter of support for a Congestion Mitigation and Air Quality grant
application for the Cedar Grove Transit Station access improvements. The Council's
resolution of support for the study recommendations would support these funding efforts.
Attachments: (1)
CD -1 Resolution
RESOLUTION OF SUPPORT
TRUNK HIGHWAY 77 (CEDAR AVENUE FREEWAY) MANAGED LANE and
CEDAR GROVE TRANSIT STATION ACCESS
ENGINEERING STUDY RECOMMENDATIONS
WHEREAS, the Minnesota Department of Transportation (MnDOT) has completed the
preparation of the Highway 77 (Cedar Avenue Freeway) Managed Lane and Cedar Grove
Transit Access Engineering Study (Study); and
WHEREAS, the Policy Advisory Committee for the Study has recommended Option 2B
for the Highway 77 Managed Lane to MnDOT, including construction of a third lane from 138th
Street in Apple Valley to near Diffley Road in Eagan and the restriping of the existing bus
shoulder between Diffley Road and Hwy 13 and elimination of the bus shoulder from Hwy 13 to
Old Shakopee Road; and
WHEREAS, the recommendation also states that the benefits of the Hwy 77 Managed
Lane project cannot be fully achieved without improvements to manage or reduce congestion
along westbound 1 -494 between Hwy 77 and 1 -35W in the Richfield /Bloomington area; and
WHEREAS, the Policy Advisory Committee for the Study has recommended Concept G
for the Cedar Grove Transit Access to MnDOT, including a new center transit platform located in
the Highway 77 median with an enclosed climate - controlled pedestrian crossing over the
northbound lanes of Highway 77 to the existing Cedar Grove station; and
WHEREAS, on April 1, 2014, the Eagan City Council considered the Study; and,
WHEREAS, the majority of these transportation projects are proposed within the City of
Eagan and are deemed important to the City Eagan.
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby supports the
Policy Advisory Committee's recommendations regarding the Trunk Highway 77 (Cedar Avenue
Freeway) Managed Lane and Cedar Grove Transit Station Access Engineering Study.
DATED this 1 st day of April, 2014
ATTEST:
Christina M. Scipioni, City Clerk
CERTIFICATION
State of Minnesota
County of Dakota
City of Eagan
Mike Maguire, Mayor
I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution
presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof
held in the City of Eagan, Minnesota, on the 1St day of April, 2014, as disclosed by the records
of said City in my possession.
Christina M. Scipioni, City Clerk
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
H. Contract 14 -04, TH 55/TH149 Roadway Safety and Capacity Upgrade
Street Improvements
Action To Be Considered:
Approve the plans and specifications for Contract 14 -04 (TH 55 /TH 149 Roadway Safety and
Capacity Upgrade — Street Improvements) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Tuesday, May 6, 2014.
Facts:
➢ Contract 14 -04 provides for transportation, safety and capacity improvements of Trunk
Highway (TH) 55, between the south intersection with TH 149 and the north intersection
with TH 149 (Project 1011), and TH 149, from TH 55 to Interstate 494 (Project 923), as
identified and approved in the City's 5 -Year CIP (2014- 2018). The proposed
improvements also include a bituminous trail on the south /west side of these segments
of state highways.
➢ These projects are being combined under one contract for economies of scale in the
competitive bidding process. The plans and specifications have been completed and are
being presented to the City Council for their approval and authorization for the
advertisement of bids.
➢ All bid advertisement notices will be published in the legal newspaper informing
contractors of the bid opening.
Attachments: (0)
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
Contract 14 -03, City -Wide Street Overlays
Street Improvements
Action To Be Considered:
Receive the bids for Contract 14 -03 (City -Wide Street Overlays - Street Improvements), award
the contract to Bituminous Roadways, Inc. for the base bid in the amount of $1,651,596.00 and
authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ Contract 14 -03 provides for the street improvements as outlined and discussed in the
respective feasibility reports for each of the following projects:
• Cedar Grove Additions — Project 1114
• Alden Pond — Project 1137
• Cedar Industrial Park — Project 1138
• Oakwood Heights 2nd Addition — Project 1139
• Stonebridge Ponds — Project 1140
and as programmed for 2014 in the City's 5 -Year Capital Improvement Program (2014-
2018).
➢ On January 21, 2014, the City Council authorized the street improvements for Projects
1137, 1139 and 1140. On February 3, 2014, the City Council authorized the street
improvements for Projects 1114 and 1138. These projects are being combined under
one contract for economies of scale in the competitive bidding process.
➢ On February 3, 2014, the Council approved the plans and specifications for Contract 14-
03 and authorized the solicitation of competitive bids.
➢ On March 18, 2008, the Council approved the use of `best -value solicitation of bids, as
allowed by State statute, providing for the consideration of bidders expected performance in
relation to their submitted bid. At 10:30 a.m. on March 24, 2014, technical performance
proposals from each bidder were received for this project. At 10:30 a.m. on March 27, 2014,
formal bids from each bidder were received for this project.
➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The base bid and past performance of Bituminous
Roadways, Inc. have been reviewed by the Public Works Department (Engineering) and
found to provide the best value, and the base bid from Bituminous Roadways, Inc. is in order
for favorable Council action.
Attachments: (1)
CI -1 Bid Summary
BID SUMMARY
CITYWIDE STREET OVERLAYS
CITY CONTRACT 14 -03
STONEBRIDGE PONDS
PROJECT NO 1140
OVERLAY
OAKWOOD HEIGHTS 2ND ADDITION
PROJECT NO 1139
OVERLAY
CEDAY INDUSTRIAL PARK
ALDEN POND
PROJECT NO 1138
PROJECT NO. 1137
OVERLAY & WATER MAIN REPLACEMENT
OVERLAY
CEDAR GROVE ADDITIONS
EAGANDALE BOULEVARD
PROJECT NO 1114
OVERLAY
OVERLAY
Bid Date/ Time: 10:30 a.m., Thursday, March 27, 2014
Contractors Total Base Bid
1. Bituminous Roadways, Inc. $ 1,651,596.00
2. McNamara Contracting, Inc. $ 1,704,318.75
3. Park Construction Co., Inc. $ 1,727,761.80
4. Northwest Asphalt, Inc. $ 1,816,585.74
5. Hardrives, Inc. $ 2,008,532.94
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1114 $1,272,197 $ 1,676,800 -24.1% $ 1,518,600 -16.2%
1137 $ 61,058 $ 83,700 -27.1% $ 72,300 - 15.5%
1138 $ 235,098 $ 244,000 -3.6% $ 245,700 -4.3%
1139 $ 42,918 $ 61,300 - 30.0% $ 51,100 -16.0%
1140 $ 31,484 $ 45,500 -30.8% $ 36,700 -14.2%
Eagandale Blvd. $ 8,841 N/A N/A $ 12,100 -26.9%
Totals $1,651,596 $ 2,111,300 -21.8% $ 1,936,500 -14.7%
Agenda Information Memo
April 1, 2014 City Council Meeting
CONSENT AGENDA
J. Contract 14 -01, 2014 City -Wide Water Quality
Storm Sewer Improvements
Action To Be Considered:
Receive the bids for Contract 14 -01 (2014 City -Wide Water Quality - Storm Sewer
Improvements), award the contract to Sunram Construction, Inc. for the Base Bid in the amount
of $224,581.85 and authorize the Mayor and City Clerk to execute all related documents.
Facts:
➢ On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for
Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the
public improvement process for the 2014 programmed improvements.
➢ Contract 14 -01 provides for storm sewer improvements in seven (7) waterbodies (one
lake, one wetland and five storm basins) as identified and approved in the City's 5 -Year
CIP (2014 - 2018). The improvements are being combined under one contract for
economies of scale in the competitive bidding process.
➢ On February 18, 2014, the City Council approved the plans and specifications for
Contract 14 -01 and authorized an advertisement for a bid opening.
➢ At 10:30 a.m. on Thursday, March 27, 2014, formal bids were received for this project.
A copy of the bid summary is enclosed.
➢ All bids have been reviewed for compliance with the bid specifications and accuracy on
unit price extensions and arithmetic. The low bid from Sunram Construction, Inc. has
been reviewed by the Public Works Department (Engineering /Water Resources) and
found to be in order for favorable Council action.
ATTACHMENTS: (1)
CJ -1 Bid Summary
BID SUMMARY
2014 STORM SEWER IMPROVEMENTS
CITY CONTRACT 14 -01
Bid Date/ Time: 10:30 a.m., Thursday, March 27, 2014
Contractors
Total Base Bid
1. Sunram Construction, Inc.
$ 224,581.85
2. Minnesota Dirt Works
$ 238,199.80
3. GF Jedlicki, Inc.
$ 268,839.02
4. Minnesota Utilities and Excavation
$ 306,875.51
5. Arnt Construction Company, Inc.
$ 335,652.20
6. Urban Companies
$ 339,386.50
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$ 224,582 $ 356,000
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Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
K. Contract 14 -09, TH 13 /Silver Bell Rd and Nicols Rd /Cedar Grove Pkwy /Silver Bell Rd
Intersection Improvements
Action To Be Considered:
Approve the plans and specifications for Contract 14 -09 (TH 13 /Silver Bell Road and Nicols
Road /Cedar Grove Parkway /Silver Bell Road — Intersection Improvements) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 1, 2014.
Facts:
➢ On June 4, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for
Public Works Infrastructure, Part III (2014 -2018) and authorized the initiation of the public
improvement process for the 2014 programmed improvements.
➢ The modification of traffic signals at the intersections of Trunk Highway 13 and Silver Bell
Road and Nicols Road, Cedar Grove Parkway and Silver Bell Road, as recommended in the
Cedar Grove Alternative Urban Areawide Review (AUAR) update, as well as the installation of
flashing yellow arrows, was included as part of the approved 2014 -2018 CIP.
➢ On February 3, 2014, the City Council approved Project 1150 (Trunk Highway 13 /Silver Bell
Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements),
to include modifications to signage, turn lanes, and signal timing at these intersections to
accommodate existing and anticipated traffic in the area. Contract 14 -09 provides for the
installation of these improvements.
➢ Project plans and specifications have been completed and are being presented to the
City Council for its approval and authorization for the advertisement of bids.
Attachments: (0)
Agenda Information Memo
April 1, 2014, Eagan City Council Meeting
CONSENT AGENDA
L. Declare unclaimed bicycles to be surplus.
Action To Be Considered:
To declare unclaimed bicycles to be surplus.
Facts:
➢ Throughout the year, the City acquires a variety of unclaimed bicycles. After the
bicycles are declared to be surplus by the City Council, State Law permits the City
to sell them.
➢ The City Council approved an agreement with PropertyRoom.com, an online
auction service specializing in the disposition of unclaimed surplus property.
Prior to the sale of the bicycles through PropertyRoom.com, the appropriate
legal notice will be published in Sun Thisweek Newspaper.
➢ Typically, before the designation of surplus property, a list of items is circulated
to all departments and, if there remains any public use for the property, it is
reallocated to the appropriate department instead of being sold. Because of
storage constraints, the Council is being asked to designate the bicycles as
surplus ahead of the typical process for other surplus items. Additional surplus
items will come before the Council at a later date.
➢ In some cases, if a bicycle has little or no value due to its condition, disposal is
the best option. Per the City's Policy for the Sale of Surplus City Property, surplus
property that is damaged or has nominal or no value may be deemed refuse or
may be recycled. PropertyRoom.com will dispose of unsalable bicycles for the
City.
Attachments: (1)
CL -1 Surplus Bicycle List
April 1, 2014 Surplus Bicycle List
Huffy Yellow 20" Boys
Next All Terran Shock Silver /Maroon 26" Girls
Columbia Trail Head Purple 26" Girls
Schwinn Ranger 24 Purple & White 24" Girls
Disney Princess Purple Pink 16" Girls
Schwinn XS 2000 Red 26"
Huffy Rocx IT Blue and White 20" Boys
Murry Spectra Red 26" Girls
Roadmaster Granite Reak Blue 24" Boys
Schwinn Ranger Charcoal 26"
Verticle Catupult Red 26"
Next Power Climber Blue 24"
Schwinn Blk and Red 26"
Next Tropical Splash pink 20" Girls
Magna Double Divide Blue and Green 24" Girls
Magna Charmer Purple 16" Girls
Next LaJolla Black with Orange 26" Boys
Roadmaster Granite Peak Lavendar 26" Girl
Huffy Stone Mountain Blue and Gray 26" Boys
GT Bike Green 20" Boys
Trek Multitrack Blue Green 26" Boys
Centerian Signet Purple and White 26" Boys
Diamond Back Recoilds Blue 26" Boys
Trek Mountain Track Purple 26" Boys
Raleigh MXR Blue 20" Boys
Magna Excitor Purple 24" Boys
Huffy Trainer IL Purple 26" Boys
Magna Ledge Charcoal /Red /White 26" Boys
Schwinn Trailway Blue 28"
Fuji Delray Grey 27" Boys
Magna Glacier Point Blue 20" Boys
Magna Great Divide Blue and Silver 26"
Magna Refuse Green /Silver 20" Boys
Next Chaos Green 20" Boys
Huffy Red 26" Boys
Haro Nyquigt Backtrail Yellow 20"
Abyss 659 2050 Blue 20" Boys
Trek Navigator 300 Blue 26" Girls
Trek Mountain Track 800 Sport Green 26" Girls
Huffy Cars Kids Red 16"
Magna Grid Iron Red 16" Boys
Spiderman Red 16" Boys
Agenda Information Memo
April 1, 2014, Eagan City Council Meeting
CONSENT AGENDA
M. APPROVE an Easement Vacation, Final Planned Development and Final
Subdivision for Stonehaven 7th — US Homes dba Lennar
Action To Be Considered:
To approve a Final Planned Development (Stonehaven 7th Addition) for 28 row townhome
units, located west of Wescott Woodlands and south of Yankee Doodle Road.
To approve an Easement Vacation of public drainage and utility easements located on
Outlot M, Stonehaven 6th Addition.
To approve a Final Subdivision (Stonehaven 7th Addition) for 28 townhome lots and 7
outlots for common space, located west of Wescott Woodlands and south of Yankee
Doodle Road.
Facts:
➢ The Preliminary Planned Development and Preliminary Subdivision for the
Stonehaven development were approved by the City on March 16, 2010. The
approval was for a total of 263 units of single - family, twin - homes, and
townhomes, and future 100 -unit multiple - family senior building upon
approximately 115 acres.
➢ Stonehaven 7th Addition is a replat of Outlot M, Stonehaven 6th Addition, located
south of Yankee Doodle Road and east of Lexington Avenue on the northern
portion of the Stonehaven development site.
➢ A Vacation of Easements throughout the site is proposed in conjunction with the
dedication of required drainage and utility easements with the Stonehaven 7th
Addition plat.
➢ On January 31, 2014, City staff received a petition from the developer requesting
the vacation of an existing drainage and utility easement on Outlot M,
Stonehaven 6th Addition for the purpose of recording a final plat of the outlot as
Stonehaven 7th Addition as a residential development.
➢ The vacation of the easement would clean up the proposed plat by avoiding any
underlying recorded dedications, which will no longer be needed upon the
construction of the Stonehaven 7th Addition street and utility improvements.
➢ The final plat of Stonehaven 7th Addition incorporates all necessary public
drainage and utility easements on this property.
➢ This vacation request has been reviewed by Public Works (Engineering Division)
staff and found to be in order for favorable Council action to coincide with
consideration of the Stonehaven 7th Addition.
➢ On March 18, 2014, a public hearing was held and action was continued to
coincide with future City Council consideration of the Stonehaven 7th Addition
final plat and subdivision. No objections have been received to date.
➢ Stonehaven 7th Addition consists of row townhomes in the northern portion of
the Stonehaven development site. Outlots A -G are common property of the
townhome association.
➢ The proposed Stonehaven 7th Addition is consistent with the preliminary
Stonehaven approval from March 2010.
➢ The Open Space Management Plan established with the earlier phases is also
made part of the Stonehaven 7th Addition Development Agreement and the Final
Planned Development Agreement.
➢ Public open space and a private tot -lot and recreation area in the center of the
townhome area was provided with the 6th and prior Additions.
➢ All documents are anticipated to be in order for execution at the City Council
meeting on April 1, 2014.
Attachments: (4)
CM -1 Location Map
CM -2 Approved Preliminary Stonehaven Site Plan
CM -3 Final Plat Stonehaven 7th Addition
CM -4 Easement Vacation Legal Description graphic
Location Map
Project Name: Stonehaven 7th Addition
Request: Final PD, Vacation of Easements, Final Subd.
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Agenda Information Memo
April 1, 2014, Eagan City Council Meeting
CONSENT AGENDA
O. Approve A Professional Service Agreement From Universal Protection Service
To Provide Uniformed Security Professional At Select Eagan Community Center
Events.
Action To Be Considered:
To approve an agreement with Universal Protection Service to provide uniformed
security professional at select Eagan Community Center events and direct the Mayor
and City Clerk to sign the appropriate documents.
Facts:
Prior to the Eagan Community Center opening the City Council developed a
policy to require the presence of an officer at all events serving alcohol. Off duty
police officers from the Eagan Police Department have been contracted for this
service to renters from the time the community center opened.
➢ The cost for this requirement is the responsibility of the renter and has been set
at a minimum three hour time period; typically from 10:00 p.m. —1:00 a.m. The
fee for off duty officers is currently $220.
➢ At the May 16, 2006 City Council meeting authorization was given to advertise
for request for proposals to provide private security officers for events serving
alcohol at the Eagan Community Center. Due to a number of staff changes, bids
were not solicited at that time. A number of recent wedding parties questioned
the fee charged for security. This led staff to solicit bids for a comparison of
service and fees.
➢ Proposals were received from American Security, JBM, and Universal Protection
Service.
➢ The majority of criteria were equal across all proposal, thus Universal Protection
Service is being recommended based on:
• They have been in business the longest
• They have the lowest per hour rate
• They have provided service at similar municipal sites
➢ Universal Protection Service would provide a security officer a minimum of four
hours per required event at a rate of $23.65 /hour which amounts to $94.60.
This would provide considerable savings to the renters.
➢ Universal Protection Service will meet with Eagan Community Center staff to
learn policies and procedures relating to events. The security staff will train their
officers on ECC specific procedures with the goal of being a part of the ECC event
operation.
➢ Universal Protection's president is an Eagan resident who is eager to be a part of
the ECC operations.
Attachments: (1)
CO -1 Agreement
Universal
Protection
SECURITY PROFESSIONAL SERVICE AGREEMENT
AGREEMENT made as of the 4th day of April, 2014 by and between Universal Protection Service, LLC
( "Universal ") and Eagan Community Center — City of Eagan, MN (Client), as follows:
1. Universal will provide uniformed security professionals at Client's property as set forth below and in the
attached Exhibit A beginning as of April 4th, 2014 or such other date as may be mutually agreed, and continuing
for one year. Thereafter, Universal may adjust its rates due to increases in wages, expenses, benefits (
including as a result of the Affordable Care Act), state, federal and local taxes, workers compensation and other
insurance costs, hours of service, scope of services or working conditions, upon written notification to client sixty
(60) days prior to anticipated adjustment. After one year this agreement shall continue until one of the parties
gives the other 30 days' written notice of termination.
2. Universal will invoice Client weekly (or as otherwise indicated on the attachment hereto) for each prior
week's (Friday through Thursday) services and payment must be received by Universal no later than 30 days
from the invoice date. Interest will be charged at the rate of 10% per annum from the invoice date on all
invoices unpaid within that time.
3. Universal will make a reasonable effort to provide additional security professionals as may be requested
by Client in case of emergency subject to additional charges of not less than 1.5 times the rate then being
charged for regular service. Any request for emergency service will be subject to a minimum charge of three
days' additional requested services.
4. Universal uniformed security professionals will be present and patrol Client's property as set forth in the
attachment hereto (unless otherwise directed by Client) and will monitor intrusion alarms, surveillance cameras
and similar equipment as may be provided by Client. Unless otherwise agreed, Universal security professionals
are not authorized to provide medical care or first aid or to operate or maintain Client's business or equipment.
If Universal and Client agree in writing, security professionals may monitor temperature gauges, pressure
gauges or similar devices at the sole risk of Client.
5. "Post Orders" describe duties of Universal uniformed security professionals specific to Client's property.
All must be in writing and maintained at Client's property within easy access of Universal personnel. All orders
and any changes must be in writing and approved by Universal.
6. Universal shall have no liability for damages resulting from Client's failure to implement procedures it
recommends or from Client's requests for services of Universal personnel not previously agreed to in writing by
Universal.
7. Client acknowledges that Universal is not an insurer of Client's risks and that the cost of its services are
unrelated to the value of Client's property or risks. Universal cannot and does not guarantee that losses will not
occur or that its services will prevent any adverse event. The number of Universal uniformed security
professionals present at Client's property has been determined by Client who agrees to defend, indemnify, hold
Universal harmless and hereby waives any claim for damages alleging inadequate staffing caused or
contributed to causing any occurrence, loss or harm to Client or others.
8. Universal has and will maintain workers compensation insurance, comprehensive general liability
insurance, automobile liability insurance and an employee dishonesty insurance or fidelity bond. In no event will
Universal be liable to client for loss of profits or consequential, exemplary or punitive damages. The parties
agree that due to the nature of the service to be provided it is impracticable and speculative to fix the damages
to Client, if any, resulting from any breach or alleged breach of performance or non - performance of any
obligation under this agreement and any claim for damages by Client shall in no event exceed the average six
month gross profit of Universal for the services provided to the Client hereunder as liquidated damages.
UNIVERSAL PROTECTION SERVICE
1551 North Tustin Avenue, Suite 650, Santa Ana, CA 92705 Mle: 714/619 EQMx: 714/619
SECURITY PROFESSIONAL SERVICE AGREEMENT
Page Two
9. Universal shall indemnify, defend and hold harmless Client, its agents and employees from and against
any loss, damages, injury, liability, claim or lien for injury to person or property or death of a person resulting
from the negligence or willful misconduct of Universal in the performance of its work hereunder. If Universal is
required to indemnify Client or any other party under this paragraph, its obligation shall be limited to and
satisfied only from the proceeds of insurance maintained by Universal. Client shall indemnify, defend and hold
harmless Universal, its agents and employees from and against any loss, damage, injury, liability claim, or lien
for injury to person or property or death of a person resulting from the negligence or willful misconduct of Client,
its agents or employees, or a dangerous or defective condition on Client's property or any other area maintained
by the Client or its agents.
10. Client acknowledges that Universal will incur significant expense in recruiting, hiring and training its
personnel to perform the services for Client. If client hires any employee of Universal without its consent during
the term of this agreement or within 30 days of its cancellation, Client will pay Universal an amount equal to the
gross average amount billed for that or similar employees of Universal for the previous six month period.
11. The work of Universal will be done according to accepted standards of practice for uniformed security
professionals. Universal shall not be liable to client, its officers, employees, agents, guests, invitees or any other
third party, and Client hereby releases Universal, its officers, employees and agents for any property loss,
economic loss or personal injury (including death) resulting from Universal's delay in performing or failure to
perform any service under this Agreement where such delay or failure is caused, in whole or in part, by any
event beyond the reasonable control of the Universal, its officers, employees and agents, including but not
limited to any act of God, active shooter incident, slip and fall, pandemic outbreak, flood, windstorm,
governmental embargo, quarantine, strike, riot, war or other military action, civil disorder, acts of terrorism,
rebellion or revolution, hostile fire, sabotage or governmental seizure.
12. This agreement shall be governed by the law of the State in which Client's property is located. Any action
arising out of it shall be brought in county and state where the Universal branch servicing the Client is located,
and the prevailing party shall be entitled to an award of all attorney fees and costs incurred.
13. This and the attached Exhibit A constitute the entire agreement between the parties and may not be
modified except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
Universal Protection Service, LLC Client Name & Billing Address:
1551 North Tustin Avenue, Suite 650 Marshall Grange — Community Center Manager
Santa Ana, California 92705 Eagan Community Center
1501 Central Parkway
Eagan, MN 55121
Universal Branch Providing Service: Phone: 651 - 675 -5557
Minnesota Branch
9036 Grand Avenue South
Bloomington, MN 55420
Phone: 952 - 881 -5865
Service address (if different):
By:
Title:
City of Eagan
By:
Mike Maguire, Mayor
ATTEST:
Christina M. Scipioni, City Clerk
UNIVERSAL PROTECTION SERVICE
1551 North Tustin Avenue, Suite 650, Santa Ana, CA 92705 E Tele: 714/619 -9700 E Fax: 714/619 -9701
EXHIBIT A
to
SECURITY PROFESSIONAL SERVICE AGREEMENT
By and Between
(Eagan Community Center— City of Eagan, MN)
Effective Date: April 4th, 2014
and
UNIVERSAL PROTECTION SERVICE, LLC
HOURLY BILLING RATES
Security
Office (s)
Regular Rate: $23.65
Holiday Rate: $35.48
Number of Initial Weekly Hours: Varies
Initial Schedule: Varies based on event needs
Other billable amounts, if any: N/A
Above bill rates approved (initials): Universal
Client
UNIVERSAL PROTECTION SERVICE, LLC
1551 North Tustin Avenue, Suite 650, Santa Ana, CA 92705 a Tele: 714/619 -9700 s Fax: 714/619 -9701
Agenda Information Memo
April 1, 2014, Eagan City Council Meeting
CONSENT AGENDA
P. Approve Exempt Permit for the Eagan Athletic Association to hold a raffle on
May 11, 2014 at the Lexington /Diffley Athletic Fields, 4201 Lexington Ave
Action To Be Considered:
To adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to
conduct a raffle on May 11, 2014 at the Lexington /Diffley Athletic Fields, 4201 Lexington
Avenue
Facts:
➢ The Eagan Athletic Association has applied for an Exempt Permit with the
Gambling Control Board to hold a raffle as listed above.
➢ All requirements for the application have been met and staff deems it in order
for approval.
Attachments: (1)
CP -1 Resolution
RESOLUTION NO. _
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
EAGAN ATHLETIC ASSOCIATION
WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct
a raffle on May 11, 2014; 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 the Eagan Athletic Association to
conduct a raffle on May 11, 2014 at 4201 Lexington Avenue.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: April 1, 2014
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 April, 2014.
City Cleric
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
CONSENT AGENDA
Q. Outlet Center Travel Demand Management Plan
Action To Be Considered:
Authorize the preparation of a Travel Demand Management Plan for the Twin Cities at
Eagan Outlets by SRF Consulting Group, Inc. and authorize the Mayor and City Clerk to
execute all related documents.
Facts:
➢ On July 17, 2012, the Economic Development Authority (EDA) approved a
purchase agreement with Paragon Outlets Eagan LLC for the acquisition of
property in the Cedar Grove Redevelopment District for the development of the
Twin Cities at Eagan Outlets. Construction of the outlets center is underway with
a currently scheduled opening of August 14, 2014.
➢ On March 13, 2014, City staff met with municipal staff from Livermore,
California, to discuss traffic and public service impacts related to the opening of
Livermore Premium Outlets by Paragon Outlets in November 2012. The meeting
and related information was immeasurably valuable and will greatly benefit the
City of Eagan regarding the coordination of local agency efforts and planning for
impacts associated with the outlets center opening and busier shopping days
throughout the year.
In order to accommodate the scheduled opening of the Twin Cities at Eagan
Outlets, it would be beneficial to have a travel demand management plan to
address the traffic anticipated with the projected busier shopping days,
especially since the greatest traffic demand is expected for the opening. Staff is
requesting authorization to prepare such a plan for this critical traffic
management.
Attachments: (0)
Agenda Information Memo
April 1, 2014 Eagan City Council Meeting
OLD BUSINESS
A. Ordinance Amendment — An ordinance amendment to City Code Chapter 10
regarding Low Maintenance Yards
Action To Be Considered:
To approve an ordinance amendment to City Code Chapter 10 regarding low
maintenance turf grass and alternative vegetation.
Facts:
➢ At the City Council Workshop Meeting of February 11, 2014, the Energy and
Environment Advisory Commission (EEAC) made recommendations to the City
Council regarding possible amendments of the City's ordinance requirements
pertaining to turf grass establishment and the maintenance of residential yards.
The focus of the recommendations is to permit residents to maintain their yards
with plantings /landscape vegetation in lieu of turf grass if they choose to do so.
The purpose of the recommendations is to allow greater use of plant materials
that will require less watering or irrigation, that will absorb and retain more
surface water in their root systems and that will require less power mowing,
thereby reducing air pollution.
➢ The Council reviewed and discussed the recommendations and Commission and
staff background in their regard. On that basis, the Council gave direction to
staff and the City Attorney to prepare an amendment of the City Code that
updates definitions, that permits up to 100% of residential yards to be planted
and maintained with non -turf grass plantings, that clarifies that non -turf
plantings may be greater than S" in height provided they are kept weed free and
maintained appropriately for the plant type and that regulates transitions
between such plantings and turf grass yards.
➢ The Council determined that the City will retain the zoning permit and right of
way permit application and review processes as they may pertain to structures
or plantings as means of educating and informing the public of best practices for
non -turf plantings and to protect public safety and public purposes (sight lines,
obstructions, run off into the surface water system, access to utilities, etc.) in the
case of improvements in the right of way.
Attachments: (5)
OBA -1 Draft Amendment of City Code Chapter 10
OBA -2 Minutes of February 11, 2014 City Council Workshop
OBA -3 EEAC recommended policy questions and findings
OBA -4 EEAC examples of yards landscaped with materials other than turf grass
OBA -5 Staff memo regarding policy questions
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER
TEN, ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.21
REGARDING PLANTING AND MAINTENANCE OF TREES AND GRASS ON PRIVATE PROPERTY;
AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Ten is hereby amended by revising Section 10.21 to read as
follows:
Subd. 1. Purpose and application. The regulations set forth in this section are for the purposes of
protecting and promoting the public health, safety and general welfare of the people of the city by
regulating the planting and maintenance of trees in order to protect trees and to prevent and abate
hazardous and nuisance trees and conditions within the city. It is also the purpose of this section to
regulate establishment of turf grass or other permitted vegetation to promote proper maintenance of
vegetation, control noxious weeds, and encourage the planting and maintenance of other permitted
vegetation to provide diversity and environmental benefits. This section applies to all private property at
all times on a continuing basis.
Subd. 2. Definitions.
Permitted vegetation means established vegetation that is one or a combination of the
following: turf grasses; low maintenance ground cover; ornamental plants; rain garden;
meadow; and edible vegetation when planted with other permitted vegetation. Permitted
vegetation does not include unmanaged vegetation or any prohibited tree species as defined
herein.
Edible vegetation means any herb plant or fruit or vegetable producing plant which all or a
part thereof is edible.
Invasive species plants) means Any plant species that is not native to Minnesota or its
regional ecosystem that can spread or be spread into any non - cultivated soil site and
establish itself, expanding the plant species' population by its own volition and generally
harm, destroy or prevent native plants. Invasive plant species include, but are not limited to
those plants identified as invasive species in the Minnesota Forest Invaders: A Guide to
Invasive Species published by the Minnesota SFI Implementation Committee.
Landscape bed means an area or tiered areas delineated by landscape material or
established turf grasses as its border(s) and is designed for and maintained with ornamental
plants or native grasses and forbs or edible vegetation.
Low maintenance turf grasses or ground covers means turf grasses and ground covers of a
species which is of a cultivar that requires little or no water or mowing once established.
Meadow means an area of grasses and forbs (flowering broadleaf plants) that are native or
adaptive to this State, excluding noxious weeds and turf grasses, but including and not
limited to: sedge meadow, mesic prairie, dry prairie, wet prairie, perennial wildflower, and
native plant communities.
Native grasses and (orbs mean grasses, including prairie grasses, and fortis (flowering
broad -leaf plants) that are indigenous to this State.
Native plant communities mean groupings of native grasses, fortis and other plants that
generally occur together in an area due to soil and light conditions, such as: wet prairie, dry
prairie, oak savannah, or maple- basswood forest.
Noxious weed means plants designated as such according to Minn. Stat. § 18.77, subd. 8.
Nuisance weed means a herbaceous plant generally not valued, growing wild and rank, and
regarded as cumbering the around or hindering the growth of desired vegetation that is
allowed to prow in excess of 8 inches in height, but is not a noxious weed as defined herein.
Ornamental plants means grasses, flowering perennial and annual plants, shrubs and
groundcovers that may not be indigenous to Minnesota, but are adaptable. Ornamental
grasses do not include turf grasses.
Public right -of way means the surface, air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard,
drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, or property within
the city owned by or under control of the city, or dedicated or otherwise conveyed to the
up blic.
Rain garden means a shallow excavated depression with loosened sub -soils in which
ornamental plants or native grasses and fortis that are adapted to moist conditions and have
deep roots are planted for the purpose of infiltrating and filtering rain water and reducing
storm water runoff.
Residential property means a lot of record on which the only residential permitted use is
single- family detached dwelling under the land use regulations of this Code.
Restoration or restored means the process of re- establishing or returning an area to be
covered by and comprised of vegetation that is of a native plant community original to the
locale of the property to be restored.
Turf grasses means commercially available cultured grass plant varieties, including
bluegrass, fescue and ryegrass blends, that are commonly used in regularly cut lawn areas
and low maintenance turf grasses as defined herein.
Unmanaged vegetation means diseased, dead, or poisonous vegetation, invasive species
plants, overgrown shrubs, or any area(s) on a property that is overgrown by turf grass or
nuisance weeds or noxious weeds.
Vegetation means any non -wood ply ants.
Woodland means an area of coniferous or deciduous trees interspersed with shrubs,
grasses, broadleaf plants, and other vegetation, excluding nuisance and noxious weeds and
unmanaged vegetation or invasive species plant(s), or prohibited species trees, that are
native or adaptive to this State.
Subd. 3. Establishment and maintenance of turf areas and other permitted vegetation.
the following requirements:
1.
Permitted
vegetation establishment required. All areas of a property that constitutes the yard of the
property, as the term is defined in the land use regulations of this Code, and that is not
otherwise occupied by the driveway or other parking surface, sidewalk, structures, landscape
beds, or recreational improvements (such as: swimming pool, tennis or sport court, play
equipment) shall be covered by turf grasses, permitted vegetation or woodland that are
compatible with the property's existing conditions, including soil, slope and shade conditions.
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Subd. 3. Establishment and maintenance of turf areas and other permitted vegetation.
the following requirements:
1.
Permitted
vegetation establishment required. All areas of a property that constitutes the yard of the
property, as the term is defined in the land use regulations of this Code, and that is not
otherwise occupied by the driveway or other parking surface, sidewalk, structures, landscape
beds, or recreational improvements (such as: swimming pool, tennis or sport court, play
equipment) shall be covered by turf grasses, permitted vegetation or woodland that are
compatible with the property's existing conditions, including soil, slope and shade conditions.
_2_._ Turf grass establishment required. All areas of a property, which is not a residential
property as defined in this Section, constituting the yard of the property, as the term is
defined in the land use regulations of this Code, and that is not otherwise occupied by the
driveway or other parking surface, sidewalk, structures, landscape beds, recreational
improvements (such as: swimming pool, tennis or sport court, play equipment) or established
woodland shall be covered by turf grasses that are compatible with the property's existing
conditions, including soil, slope and shade conditions. Notwithstanding the foregoing, up to
fifty percent (50 %) of all disturbed or maintained areas requiring turf grass may be restored to
a meadow or woodland condition, provided the requirements herein are met.
3 All +„4 nrncc The establishment of turf grass, permitted vegetation or woodland, as
required herein for the property, shall be completed
within eight months of the issuance of a certificate of occupancy or within 12
months of issuance of a building permit, whichever is earlier. Turf grass establishment shall
be completed through sodding or seed and mulch. Any turf grass establishment on and
within three feet of all impervious surfaces shall be accomplished through sodding.
4. The property owner shall be responsible for supplemental watering of all areas
established with turf grass, permitted vegetation or woodland -to ice- ensure sufficient
establishment and root development.
5. All areas of the property shall comply with the requirements of the provisions of the
Land Disturbance and Erosion Control regulations and any other provisions of the City Code
a♦ad -as applicable
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Wf . If any property, or portion thereof, is established as or restored to meadow or woodland,
then all - vegetation 4y- existing in the proposed establishment or restoration area
shall be eliminated in its entirety; and the meadow or woodland vegetation shall be
established through transplanting, seeding or other means of propagation. Any meadow or
woodland restoration area should be consistent with the Minnesota Department of Natural
Resources' native planting and restoration best practices methods and standards.
¢b}7. No area established as or restored to a woodland or meadow condition shall have any
i - . - is ^, 11 unmanaged vegetation or any prohibited tree species as provided in this
section.
¢o)3® A minimum three 3�feet wide buffer of turf grass shall be established and
maintained along the property boundary line of a -the property where a—mea
permitted vegetation other than turf grass, meadow or woodlands
abuts established turf grassapeaa on aR-the adjoining property in order to provide a transition
zone between the two types of plant communities. The minimum three (3) feet setback need
not be maintained as required in this paragraph if: (a) a fence is installed along the properly
line pursuant to a Zoning Permit; (b) the permitted non -turf grass vegetation, meadow or
woodland abuts a public park, open space, a vacant lot, or a wetland, pond, lake, stream or
natural area; or (c) the planting area is located on slopes equal to or greater than three feet
horizontal to one foot vertical (3:1).
¢d- . Soil erosion prevention measures shall be completed during the transition or
establishment period of any meadow, woodland or other permitted vegetation area --a
and shall comply with the provisions of the Land Disturbance and Erosion
Control Plan min effect for the property.
10. No shrub, tree, vegetation except turf grass, or any landscape material(s) may be
planted or maintained within the public right -of -way, unless approved by the City pursuant to
a right -of -way permit as regulated elsewhere in this Code.
11. Rain gardens shall be constructed and maintained in accordance with the best practice
methods and standards of the Minnesota Pollution Control Agency or other similar industry
practices and standards for rain gardens.
12 Unmanaged vegetation is prohibited and shall not be permitted or maintained on any
property.
913. Turf grass and other permitted vegetation maintenance
standards.
1. AH-vVegetation on a property shall not exceed a height of eight winches, measured
from the base at ground level to the tip of each stalk, stem, blade or leaf -, except permitted
vegetation other than turf grass that naturally exceeds eight (3) inches in height due to the
plant's cultivar.
2. Paragraph Qf 1 ) herein above shall not apply to the following:
(a) A wetland air
#lee�.;�- designated on the official city wetland inventory or zoning
map or along the shoreline of a lake, pond or stream ;
(b) A drainage pond or ditch wh+sh -that stores or conveys storm - water;
(c) An area currently being used as pasture land for domestic hoofed animals when
permitted by the city's land use regulations in this Code;
(d) An area on whiGh of land --d ��° ^ °¢°¢i ^^ °"n — that has not been
graded, landscaped, mowed or otherwise previously disturbed by human or mechanical
means;
(e) Ae steeply sloped area that is steeply sloped as to makes mowing or cutting of the
vegetation not reasonably practical for equipment operation or safety; and
(f) A meadow or woodland area established and maintained in accordance with the
provisions of this subdivision.
Subd.4. 3. Public nuisance. The following shall constitute a public nuisance and shall be
immediately abated by the property owner:
(a) Noxious weeds;
(b) Vegetation in violation of pafag ,„" �¢ + "i° °�s;aRthis Section; and
(c) Vegetation in violation of the public rights -of -way plant and vegetation placement
provisions in the City Code-.Land
(d) Unmanaged vegetation.
Subd. 35. City to control tree planting. It is unlawful to ' Ip ant ^r„hi "i +ems, �„o�ian +,, on any
lot or land parcel any tree or seed therefrom that is a prohibited species where such trees are not
naturally occurring. Prohibited species are defined as the following trees:
Ginkgo (female only)
Box elder
Non - disease - resistant elm species
Nonhybrid cottonwood species
Subd. 46. Shade tree diseases.
A. It is unlawful for any person to keep, maintain or permit, up9n ewne�LpFernises owned by 4#R
e� ulas�re ertwke ¢ rsen- ices tt"erOf tYee e,�er any nuisance as
defined in section 10.20 of the City Code.
B. Inspection, diagnosis and abatement of a nuisance shall be ,
er „ +"ar. Ase effeG+i. —I- +rm +i — +he infeGted +ree W �.,GGd in accordance with the procedures and
methods specified in section 10.20 of the City Code.
Subd. 57. Abatement. If any such owner fails to assume the primary responsibility described in
subdivisions 2, 3, or 4 of this Section or to abate any public nuisance under this Section, then the City's
performance of the work necessary for compliance of this Section or the abatement of the public
nuisance shall be in accordance with this Chapter.
Section 2. 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 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including 'Penalty for Violation "' and Section 4410.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim.
Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
11
By: Christina M. Scipioni By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
The following is the official summary of Ordinance No
Eagan on 12014.
ORDINANCE NO
as approved by the City Council of the City of
SECOND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER
TEN, ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES' BY AMENDING SECTION 10.21
REGARDING PLANTING AND MAINTENANCE OF TREES AND GRASS ON PRIVATE PROPERTY;
AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99
Section 10.21, regulating planting and maintenance of turf grass on private property within the City, was
amended to permit alternative vegetation or landscape plantings in lieu of traditional turf grass. The
amendment added definitions and regulations for establishment and maintenance of other permitted
vegetation.
A printed copy of the ordinance is available for inspection by any person during regular office hours
at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota
55122.
Effective date. This ordinance shall take effect upon its passage and publication.
MINUTES
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2014
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Councilmembers Bakken and Hansen. Councilmembers
Fields and Tilley were absent.
City staff present: City Administrator Osberg, Assistant City Administrator Miller, Communications
Director Garrison, Communications Coordinator Foote, Parks and Recreation Director Johnson, Public
Works Director Matthys, Director of Community Development Hohenstein and City Planner Ridley.
ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as
presented. Aye:3 Nay:0
VISITORS TO BE HEARD
There were no visitors to be heard.
OLD TOWN HALL CONSIDERATIONS
City Administrator Osberg introduced the item noting on September 8, 2013, an arsonist set fire to the
Old Town Hall building causing substantial damage. Since that time the building has been shrink
wrapped to preserve the structure through the winter. Osberg noted the Finance Committee reviewed
several options at a meeting on October 28, 2013. Per the committee recommendation and the
Council's concurrence those recommendations have been explored further.
Mary Ellen Voracek, Chair of the Eagan Historical Society and Bob Herskovitz of the Minnesota Historical
Society gave a summary of their recommendations and were available for questions. Communications
Coordinator Foote provided additional information.
The Council discussed the Old Town Hall considerations and agreed they are not interested in having the
Old Town Hall moved to the Eagan Community Center /Central Park area, or its history collection located
there. The Council indicated they are not interested in much higher costs to rebuild the Old Town Hall
with vintage 1914 materials compared to rebuilding with newer materials but meant to match what was
there.
After further discussion the Council gave direction to pursue proposals from architects seeking rough
cost estimates and sketches of the following three options associated with relocating /reconstructing Old
Town Hall:
1. Stand -alone building on the municipal campus with functional space (bathrooms, office
space, air condition /heat, etc.).
2. Use of the former Fire Administration building in partnership with other arts /history /culture
uses.
Special City Council Minutes
February 11, 2014
Page 2
3. Reconstruct Old Town Hall as a building addition (possible breezeway) utilizing amenities of
City Hall (air condition /heat, bathrooms, etc.).
LOW MAINTENANCE LANDSCAPING RECOMMENDATIONS OF THE
ENERGY AND ENVIRONMENT COMMISSION
City Administrator Osberg introduced the item and provided an overview of the expectations for
dialogue between the Council, Commission members and staff.
Director of Community Development Hohenstein thanked the Energy and Environmental Advisory
Commission for their work on the landscape ordinance issues and for their recommendations and policy
questions. Hohenstein noted the EEAC Landscape Ordinance Committee has performed research and
has participated in meetings with City Staff and the City Attorney regarding the potential to expand the
type and extent of vegetation other than turf grass that may be allowed in residential yards in addition
to what is currently permitted in the City Code. At the Council's direction to present Commission
recommendations, staff has worked with the Commission to define some overarching questions for
consideration by the Council.
Commission Chair Jeff LeClair indicated the focus of the Commission's recommendations has to do with
water conservation and the reduction of emissions from lawn mowers and similar equipment. Chair
LeClair and Commission member Amir Nadav presented examples of yards landscaped with materials
other than turf grass.
The Council discussed the low maintenance landscaping recommendations and policy questions. After
further discussion, the Council was in agreement to continue with the current right of way permitting
process for improvements other than turf grass in public rights of way and the zoning permitting process
for construction of structures elsewhere on residential lots and to continue to use these as a means of
educating the public and ensuring compliance with standards. The Council also stated that they will
continue to rely on the City Attorney in matters of City Code construction and consistency.
The Council members indicated they are open to up to 100% of a yard being material other than turf,
provided it is installed in keeping with other permits and standards. The Council was in agreement to
keep the standard for turf maintenance at 8" for turf grass and weeds and acknowledged that other
plant materials may be allowed to be taller than that if they are maintained, and that a three foot turf
transition strip should be maintained at property boundaries if the neighbor has mown turf as their yard
material. Regarding the public right -of -way, the Council pointed out the public safety and public welfare
reasons for preserving the additional level of review and control for the City as it pertains to rights of
way. The Council noted that the City Code should define the legal parameters and the permitting
process will improve the chances of successful changes in standards. They said the EEAC can educate
and encourage the community to use new best practices through communications materials.
The Council took a 10 minute break.
SPERRY WATER TOWER DISCUSSION
Public Works Director Matthys introduced the item noting staff is seeking direction from the Council
regarding the disposition of the Sperry Tower Reservoir and accommodations of the existing and future
telecommunications that are currently being served by the water tower.
Special City Council Minutes
February 11, 2014
Page 3
Communications Director Garrison presented the results of the on -line survey that was created to solicit
public input on the water tower.
B.J. Battig, Risk and Homeland Security Manager for Dakota County, was available for questions.
The Council discussed the Sperry Water Tower. After further discussion the Council was in agreement in
the removal and replacement of the existing structure, and directed staff to move forward with a
feasibility report and cost estimate on addressing the following factors:
• Ensure capacity for current antennas
• Provide room for future telecommunication services /antennas
• Potential aesthetics options for the replacement tower
• Minimize down time for current users
FINDINGS OF THE CABLE NEEDS ASSESSMENT & NEXT STEPS
Under the requirements of the Federal Communications Commission (FCC), municipalities must engage
in a community needs assessment before negotiating a new cable franchise with a provider. This was
done in November, 2013. Consultant Sue Buske of the Buske Group presented an overview of the
preliminary findings and was available for questions.
Communications Director Garrison and Attorney Grogan provided an update of the cable franchise
renewal process and discussed the next steps in the renewal process and were available for questions
The Council concurred they were satisfied with the status report.
There was no other business to be heard.
OTHER BUSINESS
ADJOURNMENT
Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn at 8:30 p.m.
Aye:3 Nay:O
Date
Mayor
City Clerk
Eagan Energy & Environment Advisory Commission
Landscaping Ordinance Committee
Recommendations for October 8, 2013 Meeting
Proposed overarching questions for discussion with the City Council:
1. What are the city of Eagan's goals with respect to landscaping and maintenance of
vegetation in residential areas and on the adjacent public right -of -way?
2. To what extent should Eagan residents be allowed to plant vegetation or establish ground
cover other than turf grass on their yards?
3. To what extent should permitting processes be applied to landscaping projects? Are
clarifications or modifications to existing permitting processes appropriate?
1. What are the city of Eagan's goals with respect to landscaping and maintenance of
vegetation in residential areas and on the adjacent public right -of -way?
EEAC Findings:
a) The 2011 - 2012 City Council Goals included the following:
i. Maintain a broad -based and comprehensive commitment to energy efficiency and
environmental sustainability by adopting conservation and alternative energy strategies
pursuing the use of local, non - polluting, renewable, and recycled resources, while
encouraging residents and businesses to do likewise.
b) The purpose section of Code 10.21 "Planting and maintenance of trees and grass on
private property" states:
i. The regulations set forth in this section are for the purposes of protecting and promoting
the public health, safety and general welfare of the people of the city by regulating the
planting and maintenance of trees in order to protect trees and to prevent and abate
hazardous and nuisance conditions within the city.
2. To what extent should Eagan residents be allowed to plant vegetation or establish ground
cover other than turfgrass on their yards?
EEAC Findings:
a) Current city code addresses meadows, woodland, turf grass, and noxious weeds. It is
mostly silent on edible vegetation, native grasses and forbs, ornamental plants, rain
gardens, and ground covers such mulch, gravel, or ornamental rocks.
b) According to University of Minnesota Extension, traditional turf lawns require 1 to 1.5
inches or water per week during the summer months. [1] For a 4,000 sq. ft. lawn, that
could amount to 44,000 gallons of water per summer. A quarter of an acre is equivalent
to 10,890 square feet.
c) A DNR test well shows that the average water level of Eagan's aquifer has declined
approximately 35ft over a 35 year period. [2] The Metropolitan Council predicts a 20 -40
foot drawdown of aquifer levels under the city of Eagan by 2030 under business as usual
conditions. [3]
d) In 2011, Eagan's average daily water use was 13.2 million gallons of water per day in the
summer months and 5.8 million gallons of water per day in the winter months. [4]
e) Compared to traditional turf grass, native vegetation requires less moisture, fertilizers,
and pesticides and places less stress on the public's water resources. [5]
fl Landscaping such as rain gardens filter and infiltrate stormwater, thereby protecting
surface water from polluted runoff and recharging groundwater resources. [5]
g) Gas powered garden tools emit 5% of the nation's air pollution. Forty million
lawnmowers consume 200 million gallons of gasoline per year. One gas - powered
lawnmower emits 11 times the air pollution of a new car for each hour of operation. [6]
h) Minnesota is at risk of non - attainment with National Ambient Air Quality Standards for
particulates and ozone. Estimated cost of compliance with federal regulations for
nonattainment ranges from $140 - $260 million. [7]
3. To what extent should permitting processes be applied to landscaping projects, particularly
the items listed below? Are clarifications or modifications to existing permitting processes
appropriate?
• Fencing
• Raised beds
Landscaping within the Right -of -Way (ROW)
EEAC Findings
a) ROW and Zoning permits provide educational opportunities to help property owners
comply with codes and standards in their initial investments.
b) City staff members estimate that as many as 10 -15% of zoning permit applications
submitted include structures or improvements that would have been in violation of
setbacks or other regulations if they had been installed as originally proposed.
Fences
a) A zoning permit is required for residential fences.
b) Communication with city staff has indicated that the permit may not be required for small
garden fences, although this is not stated on the permit form.
Raised Beds
• A zoning permit is required for retaining walls less than 4 feet in height.
• The permit requires submittal of
• Two copies of plans showing how the wall will be constructed, including plan
view, cross section and elevation drawings.
• Two copies of a site survey drawn to scale indicating the location of the wall on
the property, structures on the site, and all easements.
• Benefits of raised beds include: [8]
• Handicap- accessible gardening
• Better drainage than in- ground beds
• Longer growing seasons due to warmer soil temperature
• Protection of soil and plants from foot traffic compaction
• Enabling gardening in challenging areas (e.g. above buried utilities, uneven slope,
contaminated soil.)
Right -of -Way
a) According to the Eagan Citizens Support Center:
i. Approximately 12 -13 feet behind the curb is designated City Right -of -Way
ii. The Right -of -Way is intended for underground utility installations and winter snow
storage and should be kept clear of any item that may be damaged.
iii. The City is not responsible for damage to sprinkler systems or other items located in the
Right -of -Way.
b) A permit is required for planting of trees, shrubs, or installation of landscaping or
irrigation systems within the city ROW.
c) City code requires the owner of the abutting property to maintain turfgrass or other
shrubs and landscaping within the ROW.
d) Landscaping within the ROW is fairly common in residential areas in Eagan. City staff
estimate that the majority of landscaping within the ROW was established without a
permit.
e) State law governing excavations that require utility locates does not apply to gardening
unless it disturbs the soil to a depth of 12 inches or more; trees or shrubs unless
disturbing to a depth of 18 inches or more (Statute 216D.01).
f) Examples of materials that other cities allow in the ROW and setbacks:
i. Eden Prairie city code states that the right -of -way boulevard is composed of regularly
mowed turfgrass, trees, shrubs, wood chips, rock, and /or gravel. It also permits garden
beds, in addition to the aforementioned items, in setback areas
ii. Edina city code states that the setback areas from streets, side and rear yards, shall be
composed of pavement, rock, gravel, wood chips, regularly mowed turfgassses, trees or
shrubs.
iii. St. Paul city code allows property owners to plant and maintain gardens and flowers in
boulevard areas adjacent to their properties. Vegetation is limited to 36" in height or 18"
in certain areas.
iv. Minneapolis city code states that flowers under 36" (or 18" in certain areas), grass, and
certain trees are allowed in the boulevard without a permit.
Endnotes
[1] "Watering Lawns and other turf," UMN Extension. http: / /wwwl.extension.umn.edu/ ag rden/yard-
garden /lawns /waterin -lg awns/
[2] Data from DNR Observation well 19030
http: / /climate.umn.edu /ground water level /fetch well. phhp ?obwel1 =19030 and Metropolitan Council presentation,
slide 10
http: // www .cleanenerf4yresourceteams.org / sites / default /files /WaterConservationToolbox MetCouncil Lan ay Ross
GreenStepCities_21Ma, 2y 0l3.pdf
[3] "Graphic: A future of water shortages ?" Star Tribune. Feb. 23, 2013.
http://www.startribune.com/newsgraphics/19253765 l. htm 1
[4] City of Eagan 2011 Public Works Annual Report
http://www.cityofeagan.com/images/PublieWorks/Eng /ARUA.pd f
[5] GreenSteps Landscaping & Maintenance of Vegetation model ordinance
http://www.crplanning.com/ ordinances /landscaping.pdf
[6] U.S. Environmental Protection Agency, Green Landscaping
http://www.epa.gov/greenacres/nativeplants/factsht.html
[7] Minnesota's Clean Air Dialogue (2013)
https:Hdocs.google. com / file /d /OB71xtkzrVP13MFM5 dF91 eTNBY3M /edit ?usp = sharing
[8] UMN Horticulture http: / /www.extension.umn.edu/ distribution /horticulture /M1254.html and Gardening Matters
http:/ /www. ard�eningmatters.org/ sites / default / files/ G% 27M°/ a20Raised% 20Bed %20Factsheet, %20ian %202012.pddf
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City of Eagan Wm
TO: MAYOR MAGUIRE AND CITY COUNCILMEMBERS
CITY ADMINISTRATOR OSBERG
PARKS AND RECREATION DIRECTOR JOHNSON
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
MIKE RIDLEY, CITY PLANNER
DATE: FEBRUARY 6, 2014
SUBJECT: EEAC LOW MAINTENANCE TURF RECOMMENDATIONS
Staff appreciates the work the EEAC and its Landscaping Ordinance Committee
have done to outline their findings, recommendations and policy questions for the
Council's consideration. The following are some additional comments and
information for consideration in determining answers to those questions and
direction in follow up to the answers.
1. What are the city of Eagan's goals with respect to landscaping and maintenance of
vegetation in residential areas and on the adjacent public right -of -way?
The EEAC findings note that the purpose of the City Code section related to plantings on
private property is to promote health, safety and welfare and to prevent and abate
hazardous and nuisance conditions in the City. One of the focuses of the ordinance
relative to residential yards and public rights of way is to insure that plant material is in
place to stabilize soils and prevent erosion onto other private property and onto public
property. In the past, the typical yard planting that was used to accomplish that was turf
grass, either by sodding or seeding.
The City Code permits other plant materials to be planted to some degree for the same
purpose, including trees, shrubs, ornamentals and garden plants, but as is typical in
suburban communities, mowed turf grass has been the most common plant material in
most yards. Increasingly, discussions of purposes other than erosion control have
become more common. Specifically, water conservation (better retention of soil water
and reduced needs for irrigation) and the reduction of the use of gas powered garden tools
are reasons for considering options to mown turf grass where property owners wish to
manage their yards in other ways.
An important point is that all approaches to planting and plant materials require some
level of maintenance to prevent weed or erosion problems. Some require lower levels or
different types of maintenance and those may be less polluting or require less water, but
all need to be maintained in ways appropriate to their health and function. The
Commission's recommendations include photos of well installed and well maintained
non -turf plantings and ground covers. It appears that all but one or two would conform to
the current City Code.
The Commission's recommendations are to expand the types of plant materials that may
be permitted in residential yards, in addition to turf grass, and to clarify the means by
which that is accomplished through the City Code. It is a policy issue for the City
Council to determine the extent to which they want to do that.
Provided the addition of other plant materials to yards does not create nuisance
conditions or other challenges, City staff sees value in the availability of options. That
said, we understand from experience that different property owners have different
perspectives as to what is attractive within a neighborhood and what constitutes
appropriate maintenance. Broadening the options for yard maintenance from what has
been typical in suburban communities (yards that are predominantly mown turf) to a
wider variety of options will elicit a range of responses.
Several pictures are attached at the end of this memo that represent properties whose
location, installation and maintenance of non -turf yards have resulted in complaints from
neighbors and required enforcement actions by staff. Modifying the standards for yard
materials and maintenance is a policy matter for the City Council, but it is a change of
expectations that will be perceived by property owners in different ways.
For these reasons, it is important to consider options from the perspective of the City
Council's expectations about the community and the proper means of translating those
expectations to Code standards.
The Council's answers to the EEAC's questions will frame the direction to City staff and
the City Attorney for implementation of City Code amendments as may be necessary.
2. To what extent should Eagan residents be allowed to plant vegetation or establish
ground cover other than turf grass on their yards?
The Commission recommends that plant materials and ground covers in addition to turf
grass be specifically identified in the City Code as permitted means of establishing and
maintaining a residential yard. Item a) of the Commission's findings note the City Code
addresses meadow, woodlands, turf grass and noxious weeds, but it is mostly silent on
edible vegetation, native grasses and forbs (flowering plants), ornamental plants, rain
gardens and ground covers such as mulch, gravel or ornamental rocks.
As a matter of Code construction, this observation is correct because many of the
regulations in the past have focused on preventing and abating nuisances (erosion control,
noxious weed removal, etc.), understanding other plant materials are permitted, provided
they don't create such nuisances.
Gardens and planting areas composed of edible and decorative plants, foundation
plantings and landscaped areas made up of shrubs and ornamental plants and ground
covers and rain gardens are permitted and in place throughout the community. The City
has education and promotion resources available for rain gardens and has permitted
prairie restoration in a number of locations, at one end of the low maintenance landscape
spectrum.
To the extent the City Council wants to permit plant materials and ground covers in
addition to turf, it is reasonable and consistent with the City's goal for sustainability and
conservation. That basic question raises certain additional questions that are noted
below. At the expense of getting in the weeds, some of these questions are at a closer
level of detail, but they are included because their answers will facilitate the City
Attorney's efforts to draft an ordinance amendment in this regard, if it is directed:
The City Code currently limits the percentage of a yard that can be made up of
non -turf grass plantings to 50% of a yard. Is the Council open to other types of
plantings and ground covers to make up more than 50% of a yard or all of a
yard? Is the Council open to other types of plantings and ground covers to
make up a greater percentage of the front yard? (Note: Public rights of way
are discussed separately below.)
The City Code currently requires grass over 8" in height to be mowed as part of
the maintenance of a yard. By definition, many of the plants that in lower
maintenance yards naturally grow higher than that. Is the City Council open to
plant heights greater than 8" for certain yard materials, provided they are
properly maintained and do not interfere with sight lines or create other
nuisances?
The City Code currently provides for maintenance of three feet of turf grass along
property boundaries to preserve a "transition zone" between plant communities
(i.e. between a turf yard and a yard made up of other plant materials. These areas
are also frequently drainage and utility easements, such that the City may need to
enter them for maintenance or repairs. Is the Council open to permitting other
materials such as stone, woodchips or other mulch within this three foot
transition zone?
City staff typically defers to the City Attorney in terms of Code construction and
the internal consistency of various sections and subsections of the Code when
Ordinance amendments are drafted. In the work to date on a draft ordinance that
has highlighted the questions above, the City Attorney has advised that certain
suggestions by the Commission be addressed in particular ways for this purpose.
Does the Council want to follow the practice of deferring to the City Attorney
matters of Code construction and consistency in this case?
3. To what extent should permitting processes be applied to landscaping projects? Are
clarifications or modifications to existing permitting processes appropriate?
The City currently facilitates the installation of built structures in a yard through zoning
permits and it regulates the installation of structures and plantings other than turf grass, mail
boxes and irrigation systems in the public rights of way through right of way permits.
The use of zoning permits has served as much as an education process as a regulatory one,
but experience indicates that 10 -15% of the improvements done through the zoning permit
process would have been installed in violation of the City Code and could have required a
compliance action had the review and approval not occurred. Despite the best efforts of the
City's Code Enforcement staff to work with property owners to provide adequate timelines
and options for correcting a violation, bringing an in- place, non - compliant improvement into
compliance involves cost and effort on the part of the owner and the inconvenience of doing
the improvement over in a compliant fashion.
The right of way permit process is also an educational one, but there are additional
restrictions and limitations because the right of way is also used for public snow storage,
placement of public utilities and related infrastructure, access to fire hydrants and the like.
At curves and intersections, management of the right of way is important to prevent
interference with sight lines and, depending upon the slope behind the curb, management of
the right of way helps prevent erosion.
The Commission recommends that broader latitude be permitted for certain improvements in
residential yards and certain plantings and improvements in public rights of way, particularly
in the areas of:
Small Garden Fences /Garden Edging — Depending on a fence's height, location,
construction and material, it may or may not constitute an improvement that should
be reviewed through a permit, but even a small fence of a certain material,
constructed near a property boundary, in a particular way may require one. Since the
zoning permit is an educational tool, property owners are encouraged to share a
photo of the type of improvement and /or prepare a sketch plan of their proposed
improvements and review it with staff. This allows a conversation to determine
whether a permit applies or the plans need to be modified. Does the Council want
staff to create a list of improvements that may not require a zoning permit or
use the current system in which staff reviews proposed improvements to
determine whether permit requirements apply?
Raised Beds — This type of improvement uses one or more tiers of retaining walls to
create planting spaces above ground level. It offers all of the benefits outlined in the
EEAC findings. Raised beds are a permitted improvement in residential yards
provided they meet setbacks, avoid drainage and utility easements and retain existing
drainage patterns, but even a single tier wall installed in a drainage way can change
drainage patterns around the owner's home or divert drainage onto other properties.
These requirements are easily determined through a zoning permit review.
Excluding them from the zoning permit requirement increases the likelihood of a
non - compliant installation and the need to pursue compliance through an
enforcement action. Does the City Council want to exclude raised beds from the
zoning permit process?
Public Rights of Way — The Commission is recommending the expansion of the
types of plant materials and ground covers that may be permitted in public rights of
way. Specifically, these include plant materials that grow to less than 30" in height
or other height approved by the City and rock /stone, wood chips or other mulch.
Staff is open to the possibility of expanding the materials that may be permitted
within public rights of way, provided the right of way permit remains the means of
reviewing and approving those installations so: 1) a safe sight line height is
established for plants over 8" in height, 2) ground covers and mulch are placed in
locations and ways that they remain stable and are not likely to be washed out of a
yard and into the City's storm water system and 3) to prevent other conditions that
may create environmental degradation to the storm water system or other public
safety issues. Does the City Council want to permit additional types of plant
materials and ground covers in the public right of way? Does the City Council
want to continue to use the right of way permit process to manage materials and
improvements placed in the right of way?
Generally speaking staff understands the value and purpose of City Code modifications
regarding the types of plant materials or ground cover that may be permitted in residential
yards, but knowing the potential for well - meaning property owners to interpret regulations
differently, we would strongly encourage the continued application of the zoning and right of
way permitting processes to improve the likelihood an improvement is done correctly the
first time and to prevent hazards or nuisances within rights of way.
It will also be important to help property owners who are applying yard management
approaches different from traditional ones to implement them in ways that will meet their
interests, while minimizing negative perceptions of others who apply the traditional
approaches.
Agenda Information Memo
April 1, 2014, Eagan City Council Meeting
NEW BUSINESS
A. Conditional Use Permit — Crown CoCo
Action To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow a minor auto repair upon property located at 4195 Nicols Road, subject to the conditions
listed in the APC minutes.
Required Vote For Approval: Majority of Councilmembers present
Facts:
➢ The property is zoned GB, General Business, in which minor motor vehicle repair is
considered a conditional use.
➢ The property has had automotive related uses since the 1960's and several related
Conditional Use Permits (CUP's) since the mid 1980's.
➢ The property is vacant, except for a 50' pylon which was affiliated with the former use.
➢ The CUP is requested for a new business to be located on the property.
➢ According to the Applicant's narrative, the proposed two -story brick and stucco building
will include eight service bays.
➢ A Building Permit is required for the new structure and all applicable City Code
requirements apply.
➢ The Advisory Planning Commission held a public hearing on the proposal at their March
25, 2014 meeting, and did recommend approval.
Issues: None
60 -DAY AGENCY ACTION DEADLINE: April 20, 2014
Attachments: (3)
NBA -1 Location Map
NBA -2 Draft March 25, 2014, APC Meeting Minutes
NBA -3 Planning Report
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Advisory Planning Commission
March 25, 2014
Page 2 of 27
IV. PUBLIC HEARINGS
A. Crown CoCo, Inc.
Applicant Name: Jerzy Szoka, Excel Development
Location: 4195 Nicols Road; Lot 1, Block 1, EZ Stop
Application: Conditional Use Permit
A Conditional Use Permit to allow a minor auto repair shop.
File Number: 19- CU- 02 -02 -14
Planner Thomas introduced this item and highlighted the information presented in the City Staff
report dated March 14, 2014. She noted the background and history.
Member Piper questioned if a condition needed to be added related to the parcel being
considered a "waste site" by Dakota County.
Planner Thomas stated a condition did not need to be added because the staff report merely
noted the parcel had been flagged by Dakota County as having a potential need for
environmental remediation.
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.
Secretary Piper moved, Member Prashad seconded a motion to recommend approval of a
Conditional Use Permit (CUP) to allow a minor motor vehicle repair business located at 4195
Nicols Road, legally described as Lot 1, Block 1, E -Z Stop of Eagan, 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.
2. This Conditional Use Permit (CUP) shall replace any and all former Conditional Use
Permits for the property; except for the CUP for the pylon sign approved on January 3,
1991.
3. The applicant shall revise the Site Plan for Building Permit submittal to show compliance
with City Code requirements pertaining to the trash enclosure.
4. The proposed building shall be constructed of exterior finish materials and bulk standards
in accordance with City Code standards.
5. A Lighting Plan consistent with City Code standards depicting all fixtures and illumination
levels shall be provided at the time of Building Permit application.
6. A Landscape Plan, signed by a registered landscape architect, shall be provided at the
time of Building Permit application.
7. The pylon sign for the site shall meet City Code standards for area, setbacks and shall not
exceed 27' in height.
8. A Sign Permit is required for all signs prior to installation.
9. Building address numbers shall be installed in accordance with Section 2.78 of the City
Code.
10. Outside storage of vehicles is prohibited.
Advisory Planning Commission
March 25, 2014
Page 3 of 27
11. The property owner shall be responsible to remove the existing southern access to Nicols
Road and restore the street, curb and gutter, and boulevard, in a manner acceptable to the
City Engineer.
12. Prior to receiving a Building Permit, the applicant shall demonstrate compliance with City
Code §4.33 Post- Construction Requirements, for stormwater management.
13. All mechanical equipment shall be screened from off -site views in accordance with City
Code standards. Mechanical equipment (rooftop and ground mounted) shall be shown
on the plans for Building Permit with the screening methods identified.
14. The applicant shall obtain a Building Permit and the structure shall have adequate exhaust
ventilation per the Protective Inspections Division.
15. The site shall be graded in compliance with City Code standards.
Member Dugan stated the applicant is a colleague however they have not discussed the
proposal, therefore he will vote on the item.
All voted in favor. Motion carried 7 -0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 14, 2014
APPLICANT: Excel Development LLC
PROPERTY OWNER: Crown CoCo., Inc.
REQUEST: Conditional Use Permit
LOCATION: 4195 Nicols Rd
CASE: 19- CU- 02 -02 -14
HEARING DATE: March 25, 2014
APPLICATION DATE: Feb. 19, 2014
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: GB, General Business
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a minor motor
vehicle repair business located at 4195 Nicols Road, legally described as Lot 1, Block 1, E -Z
Stop of Eagan.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.40, 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.
Planning Report — Crown CoCo., Inc.
March 25, 2014
Paize 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.
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.
BACKGROUNDMISTORY
The 30,000 sq, ft, parcel was platted in 1992. At that time a 1,440 sq. ft. gas station and related
canopy and pump islands were located upon the property. Historical records identify auto uses
on the site dating back to the 1960's. The property has held multiple CUP's (Conditional Use
Permits) pertaining to auto related uses since 1984.
The most recent approvals pertain to the 50' pylon sign that remains on the property. A CUP
and Variance were approved in 1991 to allow a pylon sign with a height in excess of 27'.
The building and associated structures were demolished in 2010. The site remains vacant save
for the pylon sign.
EXISTING CONDITIONS
The property consists of approximately 0.74 acres. The structures and parking lot from the
previous gas station were removed and the site was restored with grass. There are currently two
access points onto Nicols Road. Standard drainage and utility easements are located around the
perimeter of the property.
A 50' pylon sign is located in the SW corner of the property adjacent to Diffley Road.
Plamling Report — Crown CoCo., Inc,
March 25, 2014
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property;
EVALUATION OF REQUEST
Proposal — The applicant proposes new construction of a two - story, 5,400 sq. ft. building, which
"will be architecturally appointed by using two tone brick and stucco. The 2"d floor will have a
conference room for training and meetings, storage /mechanical room and office space ".
According to the applicant's narrative, this will be a full service automotive repair and
maintenance center, excluding transmission and engine rebuilding.
Compatibility with Surrounding Area — The GB zoning district is generally located along arterial
roadways and intended to accommodate a wide range of retail commercial and office uses that
serve the community, The proposed use is a conditional use in the GB district and appears
compatible with both the existing development and adjacent land uses.
Airport Noise Considerations — The site is located within Airport Noise Policy Zone 4 one -mile
Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, commercial uses are considered
compatible within this zone.
Code Requirements --- Within the GB zoning district, minor motor vehicle repair is listed as a
Conditional Use, This use includes repair and replacement of parts not requiring the removal of
the engine head or pan, transmission or differential, incidental body and fender work, and minor
painting an upholstering service, all when applied to passenger vehicles and trucks up to 9,000
pounds gross vehicle weight. Since no specific conditions related this use are listed in the
Zoning Code, the general performance standards set forth above, which are applicable to all
Conditional Uses, apply to evaluation of this request.
Site Plan — As previously mentioned, the applicant proposes construction of a new, two -story
structure. The Conceptual Site Plan identifies eight service bays, 20 parking stalls and a
detached trash enclosure.
Parking -- This requirement is met. City Code requires four off - street parking spaces plus
two off - street parking spaces for each service stall. Parking stalls dimensions are 10' x
19', which satisfies City Code standards.
R xistina Use
Zoning
e Desi nation
North
multi - tenant
building
GB, General Business
il Commercial
tRC,Retail
South
Motor fiiel and
service station
NB, Neighborhood
Business
Commercial
East
School /institutional
PF, Public Facilities
QP, Quasi - Public
West
Hwy. 77
Right -of -Way
Right -of -Way
EVALUATION OF REQUEST
Proposal — The applicant proposes new construction of a two - story, 5,400 sq. ft. building, which
"will be architecturally appointed by using two tone brick and stucco. The 2"d floor will have a
conference room for training and meetings, storage /mechanical room and office space ".
According to the applicant's narrative, this will be a full service automotive repair and
maintenance center, excluding transmission and engine rebuilding.
Compatibility with Surrounding Area — The GB zoning district is generally located along arterial
roadways and intended to accommodate a wide range of retail commercial and office uses that
serve the community, The proposed use is a conditional use in the GB district and appears
compatible with both the existing development and adjacent land uses.
Airport Noise Considerations — The site is located within Airport Noise Policy Zone 4 one -mile
Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, commercial uses are considered
compatible within this zone.
Code Requirements --- Within the GB zoning district, minor motor vehicle repair is listed as a
Conditional Use, This use includes repair and replacement of parts not requiring the removal of
the engine head or pan, transmission or differential, incidental body and fender work, and minor
painting an upholstering service, all when applied to passenger vehicles and trucks up to 9,000
pounds gross vehicle weight. Since no specific conditions related this use are listed in the
Zoning Code, the general performance standards set forth above, which are applicable to all
Conditional Uses, apply to evaluation of this request.
Site Plan — As previously mentioned, the applicant proposes construction of a new, two -story
structure. The Conceptual Site Plan identifies eight service bays, 20 parking stalls and a
detached trash enclosure.
Parking -- This requirement is met. City Code requires four off - street parking spaces plus
two off - street parking spaces for each service stall. Parking stalls dimensions are 10' x
19', which satisfies City Code standards.
Planning Report — Crown CoCo., Inc.
March 25, 2014
Paae 4
Trash Storage — The GB zoning district requires all trash and recycling containers be
stored inside the building, or in an enclosure attached to the principal structure. The
applicant should revise the Conceptual Site Plan for Building Permit submittal to show
compliance with City Code requirements.
Additionally, any vehicles being serviced at the site should display current registration, or be
stored inside the building.
LandscUinj — A Landscape Plan was not provided. Landscaping will be reviewed for
compliance with City requirements with the Building Permit.
Lighting — A Photometric Plan was not provided. Lighting fixtures should be downcast and
shielded to prevent the source of light from being visible from off the property. A Lighting Plan
will be required with the Building Permit submittal.
Si�nage -- As previously mentioned a 50' tall pylon sign exists on the property. City staff
suggests that the removal of the previous use and building has resulted in the basis for the pylon
height Variance in 1991 to become moot and that any pylon signage supporting a new use on the
property should meet the 27' height standard. Further, a Sign Permit is required for all signs
prior to installation.
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.
Grading — The site was graded with previous development. Site grading will be reviewed for
compliance with city requirements through either a Grading Permit or with the Building
Permit. The applicant proposes to construct the parking lot and driveway entrance with
bituminous pavement and concrete curb and gutter, which is consistent with code requirements.
Stormwater Management /Water Quality — No information has been provided for stormwater
management for the proposal. An increase in impervious coverage over existing conditions will
require compliance with City Code §433 Post- Construction Requirements for Stormwater
Management.
Wetlands — There are no wetlands on site.
Utilities — Water and sewer services are currently available for connection.
Mechanical Equipment — All mechanical equipment should be screened from off -site views in
accordance with City Code standards. Mechanical equipment (rooftop and ground mounted)
shall be shown on the plans for Building Permit with the screening methods identified.
Planning Report — Crown CoCo,, Inc.
March 25, 2014
Page 5
Streets /Access /Circulation — Public street access is currently provided at two locations on Nicols
Road. The development only proposes to use the northern access. Due to its proximity to
Diffley Road and to avoid driver confusion, the property owner should be responsible to remove
the existing southern access to Nicols Road and restore the street, curb and gutter, and boulevard,
in a manner acceptable to the City Engineer.
Waste Site -- Dakota County has identified a portion of the site, approximately 3,000 sq. ft. in the
middle of the site, as a waste site (property flagged due to former use). A Phase I environmental
study should occur to determine the limits of construction, if any.
Financial Obligation — At this time, there are no pending assessments on the parcel
SUMMARY /CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow a minor motor
vehicle repair use upon vacant property located at 4195 Nicols Road. The proposed use appears
compatible with the surrounding area. The Conceptual Site Plan includes an eight service bay,
two - story, 5,400 sq. ft. building. The property was developed and operated as automotive repair
and motor fuel sales from the 1960's until demolition of the former structure in 2010. Outdoor
storage of vehicles is not proposed, and consequently, will not be allowed.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit (CUP) to allow a minor motor vehicle
repair business located at 4195 Nicols Road, legally described as Lot 1, Block 1, E -Z Stop of
Eagan. If approved the following conditions shall apply;
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. This Conditional Use Permit (CUP) shall replace any and all former Conditional Use
Permits for the property; except for the CUP for the pylon sign approved on January 3,
1991.
3. The applicant shall revise the Site Plan for Building Permit submittal to show compliance
with City Code requirements pertaining to the trash enclosure.
4. The proposed building shall be constructed of exterior finish materials and bulls standards
in accordance with City Code standards.
5. A Lighting Plan consistent with City Code standards depicting all fixtures and
illumination levels shall be provided at the time of Building Permit application,
6. A Landscape Plan, signed by a registered landscape architect, shall be provided at the
time of Building Permit application.
Naming Report — Crown CoCo,, Inc,
March 25, 2014
Pane 6
7. The pylon sign for the site shall meet City Code standards for area, setbacks and shall not
exceed 27' in height,
8. A Sign Permit is required for all signs prior to installation.
9. Building address numbers shall be installed in accordance with Section 2.78 of the City
Code.
10. Outside storage of vehicles is prohibited.
11. The property owner shall be responsible to remove the existing southern access to Nicols
Road and restore the street, curb and gutter, and boulevard, in a manner acceptable to the
City Engineer,
12. Prior to receiving a Building Permit, the applicant shall demonstrate compliance with
City Code §4.33 Post- Construction Requirements, for stormwater management.
13. All mechanical equipment shall be screened from off-site views in accordance with City
Code standards. Mechanical equipment (rooftop and ground mounted) shall be shown
on the plans for Building Permit with the screening methods identified.
14. The applicant shall obtain a Building Permit and the structure shall have adequate
exhaust ventilation per the Protective Inspections Division,
15. The site shall be graded in compliance with City Code standards.
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NARRATIVE
Request for conditional use permit for 4195 Nicols Rd. RECEIVED FEB 2:6 2014
The buildable lot is located at 4195 Nicols Rd. The vacant lot is owned by Crown Co., Inc.
This property is zoned for General Business ( GB).
The property is surrounded by commercial property to the north, is utilized by a low voltage
contractor, personal trainer, retail commercial building, BP gas station to the south, a school to
the east and Cedar Ave. corridor to the west.
We are requesting a conditional use permit to build a new building on Lot 1, Block 1, E -Z Stop of
Eagan. Fusion Auto Care will be full service automotive repair & maintenance center, excluding
transmission and engines rebuilding,
We are proposing a two story building. The building will be architecturally appointed by using
two tone brick and stucco. The 21d floor will have a conference room for training and meetings,
storage /mechanical room and office space.
Agenda Information Memo
February 3, 2104, Eagan City Council Meeting
Ii_ A!iI[3111[► * *1
B. Planned Development Amendment And Preliminary Subdivision (Eagandale 6th
Addition) — Eagandale Properties
Action To Be Considered:
To recommend approval of a Planned Development Amendment to dissolve the
association for property located at 1335 and 1345 Corporate Center Curve, legally
described as Lot 2, Block 1 Eagandale Office Park 5th Addition, subject to the conditions
listed in the APC minutes.
To recommend approval of a Preliminary Subdivision to create two lots and one outlot
upon 3.8 acres for property located at 1335 and 1345 Corporate Center Curve, legally
described as Lot 2, Block 1, Eagandale Office Park 5th Addition, subject to the conditions
listed in the APC minutes.
Required Vote For Approval:
➢ PD Amendment —At least three votes
Preliminary Subdivision — Majority of Councilmembers present
Facts:
➢ At the time the Eagandale Office Park PD was established in 1985, the subject
site and the adjacent property to the west comprised a single parcel.
➢ In 1997, the City approved a two -phase development for the entire parcel, of
which only phase one was constructed on the west end of the site. The second
phase expansion did not occur, and in 2000, the property was subdivided.
➢ In 2005 -2006, the easterly portion of the site was developed with office
condominiums.
➢ The existing PD for the property provides for four buildings, only two have been
constructed to date.
➢ The purpose of the proposed subdivision and PD Amendment is to allow the
association to be dissolved.
➢ Private easements are proposed to address issues such as shared ingress - egress,
cross - parking, utilities, maintenance, etc.
➢ No changes to the Site Plan are proposed. Lots 1 and 2 contain existing buildings
and parking lot areas, Outlot A is reserved for future development.
➢ Park and trail dedications have not been previously satisfied for this site. Cash
dedications are due at this time, for Lots 1 and 2 at the time of Final Subdivision,
and for Outlot A at the time of building permit.
➢ A public hearing was held on March 25, 2014, and the APC did recommend
approval.
Issues:
➢ The APC requested clarification of the required dedication of drainage and utility
easements. Required easements are 10' centered on the lot lines between
parcels (e.g. 5' on each side of the lot line); 10' along public rights -of -way, and
10' on both side of any public utilities.
➢ There are existing retaining walls in two locations that will be within these
required easement areas. As such, an additional condition should be added to
the Preliminary Subdivision action as follows:
Prior to Final Subdivision approval, the applicant shall have entered into an
encroachment agreement with the City, in a form acceptable to the City
Attorney, to permit existing encroachments of retaining walls within drainage
and utility easements.
60 -Day Agency Action Deadline:
➢ April 20, 2014
Attachments: (3)
NBB -1 Location Map
NBB -2 Draft January 28, 2014 APC Minutes
NBB -3 Planning Report
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Advisory Planning Commission
March 25, 2014
Page 4 of 27
B. Eagandale Office Park 6th Addition
Applicant Name: Arnie Heddle, Eagandale Properties, LLC
Location: 1335 & 1345 Corporate Center Curve; Lot 2, Block 1, Eagandale Office Park 5th
Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow separate lots and to dissolve the association.
File Number: 03- PA- 03 -02 -14
Application: Preliminary Subdivision
A Preliminary Subdivision of approximately 3.9 acres to create 2 lots and an Outlot.
File Number: 03- PS- 03 -02 -14
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 13, 2014. He noted the background and history.
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 Dugan stated the applicant is a former colleague however they have not discussed the
proposal, therefore he will vote on the item.
Secretary Piper moved, Vice Chair'Flipi seconded a motion to recommend approval of a
Planned Development. Amendment to dissolve the association for property located at 1335
and 1345 Corporate Center Curve, legally described as Lot 2, Block 1 Eagandale Office Park 5th
Addition, subject to the following conditions:
1. An Amendment to the Final Planned Development Agreement shall be executed eliminating
the requirement for an association. The PD Amendment Agreement shall be recorded
against the property with the Plat.
2. The property shall be platted.
3. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney.
4. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the
time of Final Subdivision. The dedications for Outlot A shall be collected at the time of
future development with issuance of the building permit.
5. This PD Amendment is intended to supplement and amend the prior Final Planned
Development Agreement. All other terms and conditions of the Final Planned Development
Agreement shall remain in full force and effect.
All voted in favor. Motion carried 7 -0.
Secretary Piper moved, Member Sagstetter seconded a motion to recommend approval of a a
Preliminary Subdivision to create two lots and one outlot upon 3.8 acres for property located
at 1335 and 1345 Corporate Center Curve, legally described as Lot 2, Block 1, Eagandale
Office Park 5th Addition, subject to the following conditions as amended:
Advisory Planning Commission
March 25, 2014
Page 5 of 27
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: B1, B2, and B4
2. The property shall be platted.
3. Public drainage & utility easements at least 10' in width shall be dedicated on both sides of
all public utilities, and 10 foot easements shall be dedicated along all lot lines. City Engineer
shall determine appropriate easement dedication prior to City Council approval.
4. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney.
5. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the
time of Final Subdivision. The dedications for Outlot A shall be collected at the time of
future development with issuance of the building permit.
All voted in favor. Motion carried 7 -0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 13, 2014
APPLICANT: Eagandale Properties, LLC
PROPERTY OWNER: Eagandale
Properties, LLC
REQUEST: PD Amendment and
Preliminary Subdivision
CASE: 03- PA- 03- 02 -14; 03- PS- 03 -02 -14
HEARING DATE: March 25, 2014
APPLICATION DATE: February 19, 2014
PREPARED BY: PamelaDudziak
LOCATION: 1335 and 1345 Corporate Center Curve
COMPREHENSIVE PLAN: MO, Major Office
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to dissolve the
association and a Preliminary Subdivision to create two lots and one outlot upon 3.87 acres for
property located at 1335 and 1345 Corporate Center Curve, legally described as Lot 2, Block 1,
Eagandale Office Park 5t" Addition.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
Plarming Report— Eagandale Office Park 6«' Addn,
March 25, 2014
Page 2
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements are not likely to cause
enviromnental damage.
F. That the design of the subdivision or the type of improvements are not likely to cause
health problems.
G. That the design of the subdivision or the type of improvements will not conflict with
easements of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access),
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminaiy plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Cleric hereinafter referred to as the "Water Quality
Management Plan ". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
Planned Development;
City Code Chapter 11.60, Subd, 18, A., states the intent of the Planned Development zoning
district as follows;
Planning Report — Eagandale Office Park 6"' Addn,
March 25, 2014
Page 3
1. Providing greater flexibility in enviromnental 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,
BACKGROUNDMISTORX
The Eagandale Office Park Planned Development was established in 1985. The subject site was
initially platted at that time and with the adjacent property to the west, comprised a single parcel.
In April of 1997, the City approved a Final Planned Development that called for a two phase,
90,000 square foot office building upon the entire parcel. The first phase was constructed on the
westerly portion in 1997, with a future expansion planned to the east, The expansion did not
occur, and in 2000, the property was subdivided. Subsequently in 2005 -2006, the easterly
portion developed with office condominium buildings.
EXISTING CONDITIONS
Use and development of the site is governed by a Planned Development Agreement, which
allowed multiple buildings on a single lot, The PD Agreement provides for a total of four
buildings; two have been constructed to date. Underground parking is provided under each of
the two existing buildings, accessed directly via a shared drive from Corporate Center Drive to
the north, Storm drainage ponding is provided at the east end of the site.
Site grading, the installation of utilities (water, storm sewer, and sanitary sewer) and a
stormwater pond, parking lots, and two buildings were constructed with the previous
development of Lot 2, Block 1, Eagandale office Park 5t1' Addition. The site generally slopes
from south to north, with elevations ranging frorn 896 to 880.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Planning Report — Eagandale Office Park 6 °' Addn.
March 25, 2014
Page 4
EVALUATION OF REQUEST
Proposal — The purpose of the proposed subdivision is to allow the association to be dissolved.
The applicant's narrative indicates that creating separate lots and dissolving the association "will
enhance the marketability of the existing buildings and future development of the current
undeveloped property."
No changes to the Site Plan are proposed. Private easements are proposed to address issues
raised by dissolving the Association, such as shared ingress /egress, cross- parking, utilities,
maintenance, etc. No changes to the development plan are proposed at this time. Future
development that is not consistent with the Planned Development Agreement would require an
Amendment.
Lots — The subdivision proposes two lots and one outlot. The two lots each contain one existing
building and a portion of the site's parking. Outlot A consists of the vacant portion of the
property reserved for filture development. Lot 1 is 0.88 acres, and Lot 2 is 0.75 acres.
City Code requires that all lots provide a minimum 50' public street frontage. The proposed plat
provides more than 100' of public street frontage for each lot along Corporate Center Drive. The
two lots extend only to the edge of the existing parking lot and do not have frontage on Corporate
Center Curve. Outlot A has frontage along both Corporate Center Drive and Corporate Center
Curve. The applicant is proposing to provide for shared access via private easements. Such
easements, and those for ingress /egress should be provided in a form acceptable to the City
Attorney,
Green Space — With the subdivision, bulls standards are not fiflly met on each lot individually.
Lot 1 provides 35% green space, and Lot 2, 21% green space. Overall, the development plan has
not changed and provides for 35% green space, which is more than the typical commercial
standard of 30% minimum. The Planned Development zoning can accommodate such
deviations.
Setbacks — The development plan design meets City Code standards for setbacks around the
perimeter of the site. A reduction in the parking setback along Corporate Center Curve from 20'
to 10' was approved with the Final PD, although that portion of the parking has not yet been
installed. The proposed side yard building setbacks are 9' -9.5'. The existing —19' distance
between buildings is as it was approved in the Final PD and will not change. However, with the
Existing Use
Zoning
Land Use Designation
North
Office
PD, Planned Development
MO, Major Office
South
Office
PD, Planned Development
MO, Major Office
East
Office /warehouse
I -1, Limited Industrial
IND, Limited Industrial
West '
Office
PD, Planned Development
MO, Major Office
EVALUATION OF REQUEST
Proposal — The purpose of the proposed subdivision is to allow the association to be dissolved.
The applicant's narrative indicates that creating separate lots and dissolving the association "will
enhance the marketability of the existing buildings and future development of the current
undeveloped property."
No changes to the Site Plan are proposed. Private easements are proposed to address issues
raised by dissolving the Association, such as shared ingress /egress, cross- parking, utilities,
maintenance, etc. No changes to the development plan are proposed at this time. Future
development that is not consistent with the Planned Development Agreement would require an
Amendment.
Lots — The subdivision proposes two lots and one outlot. The two lots each contain one existing
building and a portion of the site's parking. Outlot A consists of the vacant portion of the
property reserved for filture development. Lot 1 is 0.88 acres, and Lot 2 is 0.75 acres.
City Code requires that all lots provide a minimum 50' public street frontage. The proposed plat
provides more than 100' of public street frontage for each lot along Corporate Center Drive. The
two lots extend only to the edge of the existing parking lot and do not have frontage on Corporate
Center Curve. Outlot A has frontage along both Corporate Center Drive and Corporate Center
Curve. The applicant is proposing to provide for shared access via private easements. Such
easements, and those for ingress /egress should be provided in a form acceptable to the City
Attorney,
Green Space — With the subdivision, bulls standards are not fiflly met on each lot individually.
Lot 1 provides 35% green space, and Lot 2, 21% green space. Overall, the development plan has
not changed and provides for 35% green space, which is more than the typical commercial
standard of 30% minimum. The Planned Development zoning can accommodate such
deviations.
Setbacks — The development plan design meets City Code standards for setbacks around the
perimeter of the site. A reduction in the parking setback along Corporate Center Curve from 20'
to 10' was approved with the Final PD, although that portion of the parking has not yet been
installed. The proposed side yard building setbacks are 9' -9.5'. The existing —19' distance
between buildings is as it was approved in the Final PD and will not change. However, with the
Planning Report — Eagandale Office Park 6 "' Addn.
March 25, 2014
Pave 5
subdivision and creation of lot lines between buildings, the typical minimum side yard building
setbacks of 20' to the lot line cannot be satisfied. The PD zoning can accommodate this
deviation.
Parking — Each of the existing buildings has 12 underground parking stalls. A total of 85 surface
parking stalls are provided. The subdivision proposes to allocate 40 surface stalls to Lot 1, and
45 to Lot 2. Five additional proof of parking stalls are identified on Lot 1. This results in 57
parking stalls for each lot, which satisfies City Code requirements. Access and drive aisles are
shared and would be covered by private cross - easements.
Storm Water Drainage — The entire site lies within Drainage District H (as designated in the City
Storm Water Management Plan — 2007). Storm water generally flows towards both the storm
water pond (HP -8) located on the east side of the site, and into the storm sewer system to the
north on Corporate Center Drive. The storm water ultimately travels to the northwest where it
outlets near Gun Club Lance and the Minnesota River.
Utilities — The existing buildings are connected to City sewer and water services. Utility services
also have been provided for the rennaining vacant lot.
Easements /Permits /Ri hg t-of Way — The existing public drainage & utility easements on Lot 2,
Block 1, of the Eagandale Office Park 5th Addition will be vacated as part of the subdivision
process, and new easements dedicated with the Eagandale Office Park 5t" Addition plat. The
easements to be dedicated should include 10 foot wide minimum easements on both sides of all
public utilities, and 10 foot wide casements along all lot lines. No change in access is proposed,
and no additional right- of-way is anticipated.
Parks and Trail Dedications — Cash park and trail dedications are due for the subject site. The
dedications for proposed Lots 1 and 2 should be paid at the time of Final Subdivision. The
amount for Outlot A will be collected at the time of development, with issuance of the building
permit. At 2014 rates, the amount due is $9,110.60 for proposed Lot 1 (10,484 s.f. bldg. at
$869/1,000 s.f. ) and $9,183.60 for proposed Lot 2 (10,568 s.f, bldg. at $869/1,000 s.f.) Trail
dedication is based on net lot area at $1,251 per acre (gross acres of Lots 1 & 2 together is 1.63
acres, will need net acres from surveyor).
In 1997, dedications were paid only for the first phase of the then 2 -phase development. In 2000,
when the property was subdivided to its current configuration, it was noted that dedications for
Lot 2, the undeveloped portion of Eagandale Office Park 5 t Addn., would be collected at the
time of building permit. However, research shows that in 2005 park or trail dedications were
collected with the building permits for either of the two office condominium buildings.
Financial Obligation — At this time, there are no pending assessments on the parcel
Planning Report — Eagandale Office Park 6"' Addn.
Match 25, 2014
Page 6
SUMMARY /CONCLUSION
The applicant is proposing to subdivide the site to allow dissolution of an Association and
separate independent ownership of each building and lot. The applicant proposes to establish
private easements to address issues raised by eliminating the Association, such as ingress /egress
and parking. While individually, each lot may not satisfy minimum bulls standards, the approved
development plan is not changing and will remain consistent with the prior PD approval.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to dissolve the association for
property located at 1335 and 1345 Corporate Center Curve, legally described as Lot 2, Block 1
Eagandale Office Park 5t" Addition.
If approved, the following conditions shall apply:
1. An Amendment to the Final Planned Development Agreement shall be executed eliminating
the requirement for an association. The PD Amendment Agreement shall be recorded against
the property with the Plat.
2. The property shall be platted.
3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable
to the City Attorney,
4. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the time
of Final Subdivision, The dedications for Outlot A shall be collected at the time of future
development with issuance of the building permit.
This PD Amendment is intended to supplement and amend the prior Final Planned
Development Agreement. All other terms and conditions of the Final Planned Development
Agreement shall remain in full force and effect.
To recommend approval of a Preliminary Subdivision to create two lots and one outlot upon
3.8 acres for property located at 1335 and 1345 Corporate Center Curve, legally described as Lot
2, Block 1, Eagandale Office Park 5"' Addition.
If approved, the following conditions shall apply:
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 2, 1993: B 1, B2, and B4
2. The property shall be platted.
Planning Report — Eagandale Office Park 6 "' Addn,
March 25, 2014
Page 7
3. Public drainage & utility easements at least 10' in width shall be dedicated on both sides
of all public utilities, and 10 foot easements shall be dedicated along all lot lines.
4. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney.
s. Cash park and trail dedications are due for proposed Lots 1 and 2 and shall be paid at the
time of Final Subdivision, The dedications for Outlot A shall be collected at the time of
future development with issuance of the building permit.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1, This development shall accept its additional financial obligations as
defined in the staff's report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval,
B. Easements and Rights -of -Way
1, This development shall dedicate 10 -foot drainage and utility easements
centered overall lot lines and, 10 -foot drainage and utility easements
adjacent to all public rights-of-way where necessary to accommodate
existing or proposed utilities for drainage ways within the plat, The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards,
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights- of-way as required by the alignment, depth, and
storage capacity of all required public utilities and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development,
3. This development shall dedicate all public right- of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency,
4. This development shall dedicate adequate drainage and ponding
easements, in accordance with requirements set forth in the latest version
of the City's Stormwater Management Plan,
C. Plans and Specifications
1, All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval,
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval,
This development shall ensure that all dead -end public streets shall have a
permanent cul -de -sac, or temporary cul -de -sac to be removed upon further
extension (on stub streets), constructed in accordance with City
engineering standards, This development shall dedicate, provide, or
financially guarantee the acquisition costs of street easements or public
street rights-of-way as required by the alignment of the cul -de -sacs located
within or beyond the boundaries of this plat as necessary to service or
accommodate this development,
4, A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the
appropriate public improvement project and associated contract must be
awarded by Council action prior to final plat approval.
E. Permits
1, This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval,
F. Parks and Trails Dedications
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks Commission and as awarded by the
action of the City Council,
G. Tree Preservation and Mitigation
This development shall be responsible for preparing a tree preservation
plan and mitigating for any removal in excess of the allowable limits,
Mitigation shall be in the form of replacement trees, cash equivalent, or a
combination thereof in accordance with the recommendation of the
Advisory Parks Commission and as awarded by the action of the City
Council,
H. Stormwater Management and Water Quality Protection
1, This development shall manage stormwater and protect water quality by
meeting requirements for design standards, minimizing impervious surface
area and maximizing infiltration and retention, and providing acceptable
complementary stormwater treatments, stormwater treatment ponds,
regional ponds, and maintenance of private stormwater facilities in
accordance with the current City post construction regulations and as
recommended by the Advisory Parks Commission and awarded by
Council action,
I.
J.
K.
Wetlands Protection_ and Management
1. This development shall protect and manage wetlands by meeting
requirements for wetland delineations and assessments, sequencing and
replacement, and wetland buffers and setbacks in accordance with the
current wetland protection and management regulations and as
recommended by the Advisory Parks Commission and awarded by
Council action.
Airport Noise Attenuation
1. This development shall be responsible for meeting all appropriate noise
attenuation conditions if the property is located within the Metropolitan
Council Noise Exposure and /or Buffer Zone,
Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission
Approved: August 25,1987
City Council
September 15, 1987
Revised:_ July 10, 1990
Revised:_ February 2, 1993
Revised: July 7, 2009
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Type: Prelim. Subdivision; PD Amendment
Case No.: 03- PS- 03- 02 -14; 03- PA- 03 -02 -14
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Narrative for Subdivision Application
of Eagandale Properties, LLC, for
property currently platted as CIC Number 551, A Condominium,
Eagandale Business Center Condominium
The Eagandale Business Center Condominium was platted in 2006 as a CIC subdivision,
Two of the planned four office buildings have been constructed. The condominium format
proved unattractive to the market, and no separate office condominium units were sold to
separate owner- occupants and the mortgage lender ultimately foreclosed.
By the proposed subdivision, the current owner seeks to create separate lots for the two
existing buildings, and plat the remaining land as an outlot, pending future development plans for
one or two additional buildings, Concurrently with the plat, a comprehensive easement
agreement would be recorded against the entire property to provide for comrnon operation,
maintenance and repair of the shared parking lot and driveways.
An existing tenant in one of the two buildings has expressed an interest in purchasing its
building and expanding his business, subject to replacing the condominium regime with a
conventional subdivision, The owner and this tenant hope to close this potential sale in June,
2014,
No changes are proposed to the Comprehensive Guide Plan, zoning classification, or
existing land uses as part of this requested subdivision,
018766/313001/17894571
RECOVED FEB 19 2014
NARRATIVE
Narrative for Planned Development Amendment
requested by Eagandale Properties, LLC, for
property currently platted as CIC Number 551, A Condominium,
Eagandale Business Center Condominium.
Pursuant to a First Amendment to Final Planned Development Agreement Lot 2, Block I,
Eagandale Office Park 5 "' Addition dated January 4, 2005 (the "Development Agreement "), the
referenced property was approved for four buildings, with ownership and operation pursuant to a
condominium regime.
Two of the plaluled office buildings were constructed. The condominium format proved
unattractive to the market, and no separate office condominium units were sold to separate
owner - occupants and the mortgage lender ultimately foreclosed.
By a proposed subdivision, the new owner seeks to create separate lots for the two
existing buildings. Concurrently with the new plat, a comprehensive easement would be
recorded against the entire property to provide for common operation, maintenance and repair of
the shared parking lot and driveways.
The only amendment to the Development Agreement requested at this time would be (i)
an amen me - -� ofParag at p 4-in Exhibit A, -to-delete reference to con ommtum s association
documents and add, instead, reference to a "Declaration of Easements" which will provide for
and regulate the common parking lots and driveways, and (ii) supplementation of the Agreement
by adding a reference to the proposed subdivision.
The proposed amendment will have no impact on or change (i) existing and surrounding
land uses or zoning (ii) surrounding properties, or (iii) City services. The amendment, by
converting the subject property from a condominium regime to a conventional subdivision, will
enhance the marketability of the existing buildings and future development of the currently
undeveloped property,
In the future, when a potential tenant or owner /occupant is identified for the undeveloped
property, it is anticipated that a subsequent amendment to the Development Agreement will be
sought to reflect likely changes in the Site Plan and other exhibits, to reflect the building to be
constructed. As of today, however, no changes to the Site Plan or other exhibits to the
Development Agreement are being requested.
018766/313001/17894581
JV� TD " 9 �
Christina Scipioni
From: Mary Granley
Sent: Wednesday, March 26, 20141:22 PM
To: Christina Scipioni
Subject: Special Event Permits
Attachments: image001.gif
Hi Christina,
Here are my comments on the 4 permits under discussion this Friday:
Eagan Hills 5K
No tents
Appears from map signs are all directional. All but 3 held by volunteers. None should be placed on Diffley without
county permission.
Ambient music 8a -12p; speakers should be directed away from residential areas
Eat Your Colors Run
No tents
No sound
Appears to be directional arrow signs on residential streets only
Oral Cancer Walk
Tents, but too small to require building permit
Band shell microphone /speakers 10a -1p
Unable to identify advertising or directional signage
Scoops for Troops
No tents
Band shell amplification 10:30a -1:30p
Traffic signs on Lone Oak and Pilot Knob require county approval
That's all I've got! Have a great day.
Mary
Mary Granley I Senior Code Enforcement Technician I City of Eagan
City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1 Phone (651) 675-56901
Fax (651) 675 -5694 1 mgranleyna.cityofeagan.com City of Eap
THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient.
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Agenda Information Memo
April 1, 2104, Eagan City Council Meeting
NEW BUSINESS
C. Planned Development Amendment — Schafer Richardson, Inc.
Actions To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Planned Development
Amendment to allow a drive - through facility in conjunction with a fast food restaurant
operation at 2109 Cliff Road, subject to the conditions listed in the APC minutes.
Required Vote For Approval:
➢ At least 3 votes
Facts:
➢ Schafer Richardson, Inc. is requesting approval of a Planned Development
Amendment to allow a drive - through facility in conjunction with a fast food
restaurant as part of a reuse of the free - standing former bank building located in the
SE % of Section 30 at 2109 Cliff Road.
➢ The Cedar Cliff Commercial Park Addition plat was recorded in 1984. Although
the property is /was zoned PD, the bank (with drive - through) and pylon sign were
approved via a Conditional Use Permit in 1985. The building was constructed that
same year.
➢ The .42 acre parcel contains a single 2,667 SF building with a drive - through
canopy and a pylon sign. The subject building is owned and most recently occupied
by American Bank, which ceased operations at the site in 2008. The site is relatively
flat and sparsely landscaped.
➢ The physical layout of the site will be modified by the removal of the drive -
through canopy, added and relocated curb bump -outs and a detached trash
enclosure in the southeast portion of the parking lot, adjacent to the existing pylon
sign.
➢ Numerous improvements are proposed including Exterior improvements include
demolition of the existing bank drive - through canopy and the existing sidewalk
around the building as well as deteriorated pavement and concrete will be removed
and replaced. Added features include two new architecturally treated building
entrances, a new drive - through window and a new traffic island with a menu board.
➢ Other improvements include upgraded electrical service, new energy efficient
HVAC equipment, code compliant bathrooms, a landscaped patio area and a
pedestrian connection to the existing trail along Cliff Road.
➢ Deviations from standard City Code requirements include a shortage of on -site
parking, a detached trash enclosure and the setback for said enclosure. It appears
ample parking is available to serve the site provided a shared parking agreement is
executed. City policy makers shall determine the suitability of the proposed
detached trash enclosure.
Issues:
1]
60 -Day Agency Action Deadline:
➢ April 20, 2014
Attachments: (3 )
NBD -1 Location Map
NBD -2 Draft March 25, 2014 APC Minutes
NBD -3 Planning Report
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Advisory Planning Commission
March 25, 2014
Page 6 of 27
C. Cedar Cliff Center Shoppes
Applicant Name: Cynthia Hable, Schafer Richardson Inc.
Location: 2109 Cliff Road; Lot 2, Block 2, Cedar Cliff Commercial Park
Application: Planned Development Amendment
A Planned Development Amendment to allow a fast food restaurant drive through
File Number: 30- PA- 01 -02 -14
Member Dugan stated he will abstain from voting on the item.
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 18, 2014. He noted the background and history.
Cynthia Hable, Schafer Richardson Inc. stated a Jimmy John's restaurant with drive - through is
proposed with other retail and office uses.
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.
Secretary Piper asked whether the structure setback from the County road pertains more to
safety or aesthetics.
City Planner Ridley stated it was likely more for aesthetic reasons and pointed out the existing
drive - through canopy does not meet the 50' setback.
Secretary Piper moved, Member Filipi seconded a motion to recommend approval of a Planned
Development Amendment to allow a drive- through facility in conjunction with a fast food
restaurant operation at 2109 Cliff Road, subject to the following conditions as amended:
1. A Planned Development Amendment Agreement shall be executed and placed on file with
the Community Development Department prior to issuance of any permits.
2. The applicant shall revise the Site Plan to provide stall dimensions consistent with City
Code and handicap parking standards.
3. Cross- easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney.
4. The applicant shall provide a revised Landscape Plan, prepared by a Registered
Landscape Architect, providing new plantings around the base of the pylon sign,
transformers and the south side of the trash enclosure and shrub beds on either side of
the tree on the southern perimeter and a shrub bed on the east perimeter between the
transformers and the access to Cliff Drive should also be included.
5. Directional signage shall be provided at the entrance and exit of the one -way drive through
lane.
6. All signage is subject to the requirements of the City Sign Code and a Sign Permit is
required for each sign prior to installation.
7. Building address numbers shall be installed consistent with the provisions of Section 2.78
of City Code.
Advisory Planning Commission
March 25, 2014
Page 7 of 27
8. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of the water main service along Cliff Drive in a manner acceptable
to the City Engineer.
All voted in favor. Motion carried 6 -0.
Member Dugan abstained from voting on this item.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 18, 2014
APPLICANT: Schafer Richardson, Inc.
PROPERTY OWNER: CC Outlot, LLC
REQUEST: Planned Development Amendment
LOCATION: 2109 Cliff Road
CASE: 30- PA- 01 -02 -14
HEARING DATE: March 25, 2014
PREPARED BY: Michael J. Ridley, AICP
COMPREHENSIVE PLAN: Retail Commercial (RC)
ZONING. Planned Development (PD)
SUMMARY OF REQUEST
Schafer Richardson, Inc. is requesting approval of a Planned Development Amendment to allow
adrive- through facility in conjunction with a fast food restaurant as part of a reuse of the free-
standing former bank building located in the SE I/a of Section 30 at 2109 Cliff Road, legally
described as Lot 2, Block 2, Cedar Cliff Commercial Park Addition.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 5 states, in pant;
1. The provisions of this chapter maybe 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.
BACKGROUNWHISTORY
The Cedar Cliff Commercial Park Addition plat was recorded in 1984. Although the property
is /was zoned PD, the bank (with drive - through) and pylon sign were approved via a Conditional
Use Permit in 1985. The building was constructed that same year.
EXISTING CONDITIONS
The .42 acre parcel contains a single 2,667 SF building with a drive - through canopy and a pylon
sign. The subject building is owned and most recently occupied by American Ban1c, which
ceased operations at the site in 2008. The site is relatively flat and sparsely landscaped.
Planning Report — Planned Development Amendment
March 25, 2014
Page 2
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Proposal — The applicant is proposing an update and reuse of the former bank building that has
sat idle fora number of years. Specifically, the renovation plan is to divide the building into two
retail tenant spaces, one of which will be a fast food restaurant with drive - through service.
Exterior improvements include demolition of the existing bank drive- through canopy and the
existing sidewalk around the building as well as deteriorated pavement and concrete will be
removed and replaced. Added features include two new architecturally treated building
entrances, a new drive - through window and a new traffic island with a menu board.
Other improvements include upgraded electrical service, new energy efficient HVAC equipment,
code compliant bathrooms, a landscaped patio area and a pedestrian connection to the existing
trail along Cliff Road.
Compatibility with Surrounding Area — The existing center has contained a varied mix of
retail /service uses over the years. The proposed two tenant use and drive - through appear
compatible with the larger site and the area in general,
Site Plan — The physical layout of the site will be modified by the removal of the drive - through
canopy, added and relocated curb bump -outs and the applicant is proposing to construct a
detached trash enclosure in the southeast portion of the parking lot, adjacent to the existing pylon
sign.
Parking The applicant is proposing to reconfigure the parking lot to accommodate the new
restaurant drive- through and provide head -in angled parking along the south side of the building
and 90 degree stalls will remain west of the building. In total, 12 stalls are shown on the subject
Existing Use
Zoning
an Use Designation
North
Cedar /Cliff In -line
PD, Planned Development
RC- Retail Commercial
retail
East
Commercial
PD, Planned Development
RC- Retail Commercial
Retail /Service
South
Cliff Road and
CSC, Community Shopping
RC-Retail Commercial and
Retail /Service
Center and LB, LimitedO
/S- Office /Service
Business
West
Nicols Road and
CSC, Community Shopping
RC - Retail Commercial
Retail /Service
Center
EVALUATION OF REQUEST
Proposal — The applicant is proposing an update and reuse of the former bank building that has
sat idle fora number of years. Specifically, the renovation plan is to divide the building into two
retail tenant spaces, one of which will be a fast food restaurant with drive - through service.
Exterior improvements include demolition of the existing bank drive- through canopy and the
existing sidewalk around the building as well as deteriorated pavement and concrete will be
removed and replaced. Added features include two new architecturally treated building
entrances, a new drive - through window and a new traffic island with a menu board.
Other improvements include upgraded electrical service, new energy efficient HVAC equipment,
code compliant bathrooms, a landscaped patio area and a pedestrian connection to the existing
trail along Cliff Road.
Compatibility with Surrounding Area — The existing center has contained a varied mix of
retail /service uses over the years. The proposed two tenant use and drive - through appear
compatible with the larger site and the area in general,
Site Plan — The physical layout of the site will be modified by the removal of the drive - through
canopy, added and relocated curb bump -outs and the applicant is proposing to construct a
detached trash enclosure in the southeast portion of the parking lot, adjacent to the existing pylon
sign.
Parking The applicant is proposing to reconfigure the parking lot to accommodate the new
restaurant drive- through and provide head -in angled parking along the south side of the building
and 90 degree stalls will remain west of the building. In total, 12 stalls are shown on the subject
Planning Report -- Planned Development Amendment
March 25, 2014
Page 3
J1LG, 111G IUgUIIUU PUFlUllg lllF wo /,,66/ 6r nunding on the sunject site is approximately 30 stalls
based on the proposed uses.
The reconfigured parking lot provides new concrete curb and gutter bump -outs to delineate the
parking stalls and two one -way drive lanes on the east side of the building.
The plans show four 90 degree parking stalls with widths ranging from approximately 8.5' to 9'
(including one handicap space) and eight stalls that appear to be 45 degree angled parking stalls
shown at 9' wide and 13' deep. The City Code requires angled stalls to have a 60 degree angle
with a stall dimension of 11.5' x 19.5' and 90 degree stalls require a dimension of 10' x 19'. The
applicant should revise the Site Plan to provide stall dimensions consistent with City Code and
handicap parking standards.
According to the applicant, there are 225 parking stalls available between the two sites, This
commercial development is made up of the subject building and a 38,800 SF in -line retail center
Required retail parking standards were updated since the site developed and the current City
Code parking requirement for the combined properties is roughly 166. Given the fact that 225
stalls are available, ample parking exists to serve both properties provided cross - easements for
ingress /egress and shared parking exist.
Trash Enclosure — Due to the type of building construction and site design, the applicant is
proposing a detached covered trash enclosure in the southeast portion of the parking lot.
Unfortunately, the chosen location is setback approximately 17'from the south property line,
The required building setback from a county road is 50'.
The enclosure is proposed to be constructed of brick and stone to match the principal building.
Staff suggests the proposed enclosure location could be compatible with the site and area
provided landscape screening is provided to soften the appearance; however, the suitability of
this deviation is policy question for City decision makers,
Landscaping — Landscaping is virtually non - existent on the site save for a tree on the south side
of the property along Cliff Road and a few overgrown plantings near the base of the pylon sign
and the transformers. The applicant is proposing anew landscape bed just west of the building
in a maintained lawn area and the narrative states a new planting bed will be added to screen the
existing transformers; however, the plans do not depict landscaping in the area of the pylon or
transformers.
The applicant should provide a revised Landscape Plan, prepared by a Registered Landscape
Architect, providing new plantings around the base of the pylon sign, transformers and the south
side of the trash enclosure. Shrub beds on either side of the evergreen tree on the southern
perimeter and a shrub bed on the east perimeter between the transformers and the access to Cliff
Drive should also be added.
Signage — Elevation plans show each tenant space will have two wall signs and the applicant
proposes reusing the existing pylon sign structure. The existing cabinets will be removed and
new panels in the same square footage will be added for each new tenant; all of which is
Planning Report — Planned Development Amendment
March 25, 2014
Page 4
w11616LUM wrLix %-1Ly %,UUU sLanuarus. H.n signage is supiect to t11e requirements of the City Sign
Code and a Sign Permit is required for all signage prior to installation.
Building Address Numbers -- Building address numbers should be installed consistent with the
provisions of Section 2.78 of City Code,
Streets /Access /Pedestrian Circulation — No public street access modifications are included with
this proposal. The existing site was developed for one -way drive thru traffic for a bank. The
entrance currently is located east of the building, with traffic exiting to the west. The proposal
removes the bank drive thru and relocates the one -way entrance to the west side of the property,
with traffic exiting to the east. Directional signage should be provided at the entrance and exit of
the one -way drive thru.
A public trail is located along the Cliff Road right -of- -way. The proposal includes the installation
of a private sidewalk connecting the trail to the western entrance of the parking lot, and a
crosswalk to direct pedestrians to the patio area.
Water /Sanitary Sewer Services — The building is currently served with water and sanitary sewer
services, however, with the addition of a restaurant user, the water demand is expected to
increase, resulting in the need for a larger water service. The water main that serves this
property is located on the east side of Cliff Drive, directly east of the site. Installation of the new
service will require open cutting the parking lot, boulevard, and street. The developer should be
responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the
City Engineer.
Streets /Access /Pedestrian Circulation — No public street access modifications are included with
this proposal. The existing site was developed for one -way drive thru traffic for a bank. The
entrance currently is located east of the building, with traffic exiting to the west. The proposal
removes the bank drive thxu and relocates the one -way entrance to the west side of the property,
with traffic exiting to the east. Directional signage should be provided at the entrance and exit of
the one -way drive thru.
A public trail is located along the Cliff Road right-of-way, The proposal includes the installation
of a private sidewalk connecting the trail to the western entrance of the parking lot, and a
crosswalk to direct pedestrians to the patio area.
Financial Obligation — At this time, there are no pending assessments on the parcel.
SUMMARY/CONCLUSION
The proposal represents an investment to update and reuse a building /site developed in 1985 that
has been vacant since 2008. Numerous upgrades to the building are proposed and while the fast
food drive - through is a new feature, a four -lane bank drive - through arrangement exists today.
Deviations from standard City Code requirements include a shortage of on -site parking, a
detached trash enclosure and the setback for said enclosure. Ample parking is available to serve
Planning Report — Plaimed Development Amendment
March 25, 2014
Page 5
aL�c Nxvviucu a �iiuicu l�uxluu�; a�,rpctn�riC is exeCUCeq. Uity policy makers shall determine the
suitability of the proposed detached trash enclosure.
ACTION TO BE CONSIDERED
To recommend Approval of a Planned Development Amendment to allow a drive - through
facility in conjunction with a fast food restaurant operation at 2109 Cliff Road.
If approved, the following conditions should apply;
1. A Planned Development Amendment Agreement shall be executed and placed on file
with the Community Development Department prior to issuance of any permits.
2. The applicant shall revise the Site Plan to provide stall dimensions consistent with City
Code and handicap parking standards.
3. Cross - easements for ingress /egress and shared parking shall be executed in a form
acceptable to the City Attorney,
4. The applicant shall provide a revised Landscape Plan, prepared by a Registered
Landscape Architect, providing new plantings around the base of the pylon sign,
transformers and the south side of the trash enclosure and shrub beds on either side of the
tree on the southern perimeter and a shrub bed on the east perimeter between the
transformers and the access to Cliff Drive should also be included.
5. Directional signage shall be provided at the entrance and exit of the one -way drive
through lane.
6. All signage is subject to the requirements of the City Sign Code and a Sign Permit is
required for each sign prior to installation.
7. Building address numbers shall be installed consistent with the provisions of Section 2,78
of City Code,
8. Installation of the new water service will require open cutting the parking lot, boulevard,
and street. The developer shall be responsible to restore the street, curb and gutter, and
boulevard in a manner acceptable to the City Engineer.
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CONSORTIUM L,L,C, SHOPPING CENTER
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Mlnnenpollo, MN 66401 fnx 612.092 -9900
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WRITTEN NARRATIVE PROPOSAL
CC Outlot, LLC, an Investment company managed by Schafer Richardson Inc.,
purchased the former American Bank building on February 27, 2013 and entered into a
lease agreement with Lamb! Partners, LLC, a Jimmy John's franchise in March 2014
contingent upon governmental approvals.
CC Outlot, LLC proposes the following attached plans which would subdivide the
property into two (2) retail spaces consisting of approximately 1,100 square feet on the
west side and 1,453 square feet on the east side with a drive thru which is the space
leased to Jimmy Johns. The renovation plan will start with a complete demolition of the
existing drive thru with four (4) lanes and the metal canopy, existing sidewalk and
deteriorated pavement and concrete. The Interior building walls will be gutted and the
vault will be removed. After demolition, the renovation improvements will include the
following;
• Two newly constructed and enhanced entrances with new glazing,
stone /brick design and an arbor structure above the entrances.
0 A new drive up window will be located on the east side of the building.
• A new concrete sidewalk will be installed around the building.
A new concrete patio with landscaping area will be added on the west
side.
• Jimmy Johns would like to place no more than three round tables with
umbrellas seating (4) persons at each table. The exterior seating will
create an inviting outdoor environment for people to gather,
• A drive up lane with menu board will be installed at the southern end of the
parking lot running parallel to the grass area.
• An exterior trash enclosure will be built next to the pylon sign. Since the
property is not sprinkled with a fire suppression system placing the trash
enclosure on the interior of the building would not be safe. The trash
enclosure will -be made of brick and stone to match the building and will be
covered to reduce odor from omitting which may negatively affect the drive
thru customers. In addition, the access door to the dumpsters will face the
north so the trash removal company will have easy access to the
dumpsters inside.
• The paving will be repaired, replaced and restriped.
• eight (8) new parking spaces will be added provide more parking on -site
along with better driving lanes through the project,
• An insulated wadi will be constructed subdividing the two tenant spaces,
• The electric service will be upgraded and separated to serve two (2) new
tenants.
• New energy efficient HVAC equipment will be installed for each tenant
space.
• Tenants will have signage on two sides of the building,
• The existing pylon sign will be upgraded to remove the non - functioning
temp /time reader panel and a new panel will be installed within the
existing size requirements and shared by both tenants.
2
WRITTEN NARRATIVE PROPOSAL
A new landscaping bed will be added around the transformer to hide the
equipment,
A new connecting pedestrian concrete sidewalk and striped pavement
cross section will be added to the site providing safe passage from the city
sidewalk along Cliff Road through the project and adjacent shopping
center.
New code - compliant bathrooms will be installed in each tenant space,
Provided that our application is approved by City Staff, we would like to proceed
with the Planning Commission in March and City Council in April. Both landlord and
tenant will be submitting plans immediately following an approval to the Planned
Development Amendment and commence work upon receipt of permits. The landlord
should have their work completed within 60 days of starting construction and the tenant
estimates an additional 30 -60 days to complete the store build out, Both parties will
work in conjunction to open the retail stores as soon as possible. We project a store
opening for Jimmy John's no later than September 2014.
The highest and best use for the property is a partial renovation with commercial
retail space. The layout of the existing bank was functionally obsolete and made it
difficult for another financial Institution to have interest in the property. We are
proposing a partial exterior renovation versus a full exterior renovation due to cost
restraints and the ability to lease the space under current market rents,
Applicant and Owner reviewed initial conceptual plans with city staff and were
informed that due to parking code changes in the City of Eagan in 2013, our proposed
property plans would be under- parked for the classification of a restaurant with a drive
thru operation with respect to Jimmy John's use, We would like to enter into an
agreement with the City of Eagan to utilize some of the parking spaces from the Cedar
Cliff Shopping Center to make up for the shortage on the proposed site. Currently, we
have 225 parking stalls proposed between the two properties as depicted on Plan Al -D,
The shopping center requires of a total of 144 parking stalls based on current occupancy
which reflects an overage of 69 parking stalls, The proposed site requires a total of 28
parking stalls reflecting a shortage of 16 parking stalls, We propose that a parking
agreement is arranged between the two property owners and approved by the City of
Eagan that would allow the Cedar Cliff Shopping Center to loan the Cedar Cliff Shoppes
the necessary 16 parking spaces to comply with parking codes,
Agenda Information Memo
April 1, 2104, Eagan City Council Meeting
NEW BUSINESS
D. Preliminary subdivision, Rezoning And Preliminary Planned Development —
Hilton Home2 Suites Of Eagan/ Morrissey Group And Eagan Economic
Development Authority
Actions To Be Considered:
To approve (or direct preparation of Findings of Fact for Denial) a Preliminary
Subdivision (Cedar Grove Parkway 4th Addition) to create two lots upon 1.8 acres legally
described as Lot 2, Block 1, Cedar Grove Parkway 2nd Addition, located along Cedar
Grove Parkway between Fen Way and River Valley Way, subject to the conditions listed
in the APC minutes.
To approve a Rezoning from CGD (Cedar Grove District) to PD (Planned Development)
for proposed Lot 1, Block 1, Cedar Grove Parkway 4th Addition, located along Cedar
Grove Parkway between Fen Way and River Valley Way.
To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned
Development for proposed Lot 1, Block 1, Cedar Grove Parkway 4th Addition, to allow a
four - story, 123 -unit hotel located along Cedar Grove Parkway between Fen Way and
River Valley Way, subject to the conditions listed in the APC minutes.
Required Vote For Approval:
➢ Preliminary Subdivision —Majority of Councilmembers present
➢ Rezoning and Preliminary Planned Development —At least 3 votes
Facts:
➢ The Eagan EDA is proposing to create two parcels upon 1.8 acres. The site is
currently owned by the Eagan EDA.
➢ On February 3, 2014, the EDA entered into a purchase agreement to sell the
property to MHC Cedar Grove, LLC for development of a hotel. The purchase
agreement contemplates that much of the parking necessary to support the
hotel will be provided within the adjacent Cedar Grove parking garage which is
currently under construction.
➢ MHC Cedar Grove, LLC is proposing a Rezoning from CGD to PD, and a
Preliminary PD for proposed Lot 1, to construct a 4 -story 123 -unit hotel
development.
➢ The City has anticipated that specific developments within the Cedar Grove
Redevelopment District will be implemented through Planned Development
zoning.
➢ The PD zoning affords flexibility with the objective of supporting greater
creativity and more efficient use of the land in furtherance of the objectives of
the Comprehensive Plan and mutual benefit.
➢ The site design incorporates a direct driveway access to Cedar Grove Parkway
that will be shared with future development on proposed Lot 2, and a direct
vehicle connection to the upper level of the parking garage.
➢ A parking and drop -off area is located on the west end of the building adjacent
to the main lobby. An outdoor patio is shown on the south side accessed
through the lobby, and on the north side accessed through the indoor swimming
pool area.
➢ The proposed development includes some deviations to typical City Code
standards for building architecture and materials, number and placement of
signs, and setbacks. The deviations are discussed in more detail in the staff
report.
➢ Sidewalk connections are provided to the garage in two locations, and to a
sidewalk along Cedar Grove Parkway.
➢ The applicant has provided additional correspondence related to outstanding
policy questions outlined in the Issues section below. This additional
correspondence is included as an attachment.
➢ A public hearing was held on March 25, 2014, and the APC did recommend
approval.
Issues:
➢ Parking Garage Access Alignment — Further discussion between staff and the
developer has resulted in a modification to the driveway alignment with the
parking garage. As modified, the driveway curves into Lot 2 to align opposite the
drive aisle in the parking garage, while maintaining as much of the two -way
access within Lot 1 to maximize potential future development on Lot 2. A sketch
of the modified access alignment is included in the attachments. Both staff and
the developer are in agreement with this modified design.
➢ Wall signage —The City Code allows building signage on two sides of the building.
The developer is proposing signage on the north, east and west sides of the
building in order to be visible from the outlet center and from the two
approaches along Cedar Grove Parkway. By Code, signage would only be
permitted on the south and west sides of the building. It is a policy matter for
the Council to determine whether a) to permit additional building signage and b)
to allow building signage in locations other than those permitted by City Code.
➢ Roof Top Beacon and Illumination of Beacon on South Side of Building —The
developer indicates that the translucent, glowing beacon at the top of the
primary sign tower is a signature feature of the new HOME2 brand. They further
indicate it is an important visual cue for potential visitors approaching the
property on Cedar Avenue or Hwy 13 to recognize the product from a distance.
To the extent that it is intended to attract attention, it may be considered to be a
sign and rooftop signage is not permitted in the district. A feature of this kind is
unusual in Eagan (the only other similar feature being the acrylic dome on top of
the Regal Theater on Cliff Road). It is a policy matter for the Council to
determine whether this is an acceptable feature to be permitted through the
Planned Development zoning. If it is permitted, one consideration would be
whether it needs to be shielded on the south side in some way such that it would
not be visible to the residential neighborhoods to the south when illuminated.
➢ Building Materials — The developer indicates that they are working to balance
the requirements of Hilton for the finishes applied to their new HOME2 product
with the requirements of the Cedar Grove Zoning District. The requirements in
the district are for 60 %- 30 % -10% and the hotel as proposed is at 24 %- 66 % -10 %.
The proposed palette of materials is consistent with the brand image and
appears similar to other HOME2 developments elsewhere. In this proposal, the
two most extensively used materials, stucco (34 %) and cement fiber board
(32 %), are both classified by the City as secondary materials. Adding brick to the
building in place of either material would result in a primary materials ratio of
over 50 %. The acceptability of the proposed material mix or some other mix is a
policy matter to be determined by City officials..
➢ Building Architecture - In addition, the district requires the building facades to be
broken up by vertical structures in bays no longer than 40 feet. That dimension
is exceeded on both the north and south facades. The north fagade has two such
bays, of approximately 60 and 85 feet. The south fagade has one expanse of
over 90 feet. Introducing an additional vertical element similar to the others on
the building near the middle of each of these bays would reduce these expanses
and bring them closer to the maximum 40 foot standard. It is a policy issue for
the Council to determine whether the proposed fagade articulation is an
acceptable balance or if it needs to be amended to meet or come closer to the
requirements of the district.
60 -Day Agency Action Deadline:
➢ April 17, 2014
Attachments: (4)
NBD -1 Location Map
NBD -2 Draft March 25, 2014 APC Minutes
NBD -3 Planning Report
NBD -4 Modified Access Alignment
NBD -5 Additional Correspondence from Applicant
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Location Map
Project Name:
Cedar Grove Parkway 4th Addition/
Hilton Home2 Suites of Eagan
Request;
Preliminary Subdivision
Rezoning
Preliminary Planned Development
Case Nos.:
19-PS-04-03.14
19-RZ-01-02-14
19-PD-02.02-14
Legend
PARCELS 08-2013
Buildings
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Advisory Planning Commission
March 25, 2014
Page 8 of 27
D. Hilton Home2 Suites of Eagan
Applicant Name: William Morrissey, MHC Cedar Grove, LLC
Location: 3939 Cedar Grove Pkwy; Lot 2, Block 1, Cedar Grove Parkway 2nd Addition
Application: Rezoning
A Rezoning from CGD, Cedar Grove District to PD, Planned Development.
File Number: 19- RZ- 01 -02 -14
Application: Preliminary Planned Development
A Preliminary Planned Development to allow a hotel.
File Number: 19- PD- 02 -02 -14
Application: Preliminary Subdivision
A Preliminary Subdivison of 1.8 acres to create 2 lots.
File Number: 19- PS- 04 -03 -14
Member Dugan stated he will abstain from voting on this item.
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated March 20, 2014. She noted the background and history.
William Morrissey, MHC Cedar Grove, LLC discussed his enthusiasm for the proposal and
discussed mixed residential and commercial feel to blend with surrounding uses. He discussed
the hotel use and market demands for a hotel like Home2 Suites Hotel by Hilton.
Aaron Roseth, Architect, displayed renderings of the proposal and discussed the building
materials and connections to walking paths.
Member Prashad asked about the location of the "beacon" feature. Mr. Roseth explained the
location and purpose.
Chair Heaney opened the public hearing.
Zhixin Hou, neighboring property owner stated concern to the height and size of the proposed
hotel. He stated concern for the visual intrusion, along with light and noise pollution.
Terry Johnson inquired about the rate structure and the smoking policy.
There being no further public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
Bill Morrissey stated the proposed hotel is a modern lifestyle product and is smoke free. He
stated rates will be in the upper - middle to upper rate structure.
City Planner stated a multilevel building in this location was envisioned in order to create a
buffer between the residential and the parking ramp and commercial uses.
Member Prashad asked about the proposed building finishes.
Advisory Planning Commission
March 25, 2014
Page 9 of 27
City Planner Ridley explained the standards established for the CGD district and the not
uncommon strain the Commission and City Council deal with between the City's desired
standards and national chain prototype.
Secretary Piper moved, Member Prashad seconded a motion to recommend approval of a
Preliminary Subdivision (Cedar Grove Parkway 4t" Addition) to create two lots upon 1.8
acres legally described as Lot 2, Block 1, Cedar Grove Parkway 2nd Addition, located along
Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following
conditions:
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C4, D1, and E1.
2. The property shall be platted.
3. The applicant shall maintain erosion control, re -grade the site, and establish turf on Lot 2,
Block 1, Cedar Grove Parkway 4t" Addition, during and after construction, as required by
the City Engineer and at no cost to the City.
4. Lot 2 shall be vacated upon issuance of the Lot 1 Certificate of Occupancy, the sale of Lot
2, or within 30 days written request by the City.
5. No construction equipment or vehicles shall use the parking garage during development of
this site.
6. All erosion/ sediment control plans submitted for development and grading permits shall
be prepared by a designer who has received current Minnesota ,Department of
Transportation (MNDOT) training, or approved equal training as determined by the City
Engineer in designing stormwater pollution prevention plans. Also, all personnel
responsible for the installation of erosion / sediment control devices, and the establishment
of vegetation for the development, shall have received Erosion /Sediment Control
Inspector /Installer certification through the University of Minnesota, or approved equal
training as determined by the City Engineer.
7. A storm sewer catch basin or manhole shallbe provided at the right -of -way line at the
Cedar Grove Parkway entrance between Lots 1 and 2 for future extension into Lot 2.
8. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of the water main service along Cedar Grove Parkway in a
manner acceptable to the City Engineer.
9. All ,public and private streets, drainage systems, and utilities necessary to provide service
to this development shall be designed and certified by a registered professional engineer
in accordance with City adopted codes, engineering standards, guidelines, and policies.
10. This development shall provide hydrant spacing and locations in accordance with City Fire
Department and Public Works standards.
11. The front door canopy shall provide a minimum 12' clearance for public safety vehicles.
12. The driveway shall be centered on the lot line between Lot 1 and 2 to provide a shared
access for both properties.
13. The exit lane on Lot 2 shall be constructed by the developer.
14. A private access agreement should be required to allow access and circulation between
Lots 1 and 2 in a form acceptable to the City Attorney.
15. The connection to the parking garage shall be aligned with the drive aisles within the
garage, be a minimum of 28' wide, provide access into and out of the garage, and a
"clearance bar" installed to limit large vehicles.
16. The developer shall install bollards at the pedestrian connection to the parking garage.
17. The developer shall extend the public concrete sidewalk in the Cedar Grove Parkway
right -of -way through the site.
Advisory Planning Commission
March 25, 2014
Page 10 of 27
18. Streets lights shall be extended through the site by the developer.
19. Public drainage & utility easements at least 10' in width shall be dedicated on both sides of
all public utilities, and 10' easements shall be dedicated along all lot lines.
20. The developer shall obtain all outside agency permits as necessary for completion of the
site improvements.
21. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the
streetscape and on -site landscaping work together.
22. This development shall accept its additional financial obligations as defined in the staff's
report in accordance with the final plat dimensions and the rates in effect at the time of
final plat approval.
23. The monument sign location shall be at least 10' from the property line and outside of the
utility easement area.
All voted in favor. Motion carried 6 -0.
Member Dugan abstained from voting on this item.
Secretary Piper moved, Vice Chair Filipi seconded a motion to recommend approval of a
Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for proposed Lot 1,
Block 1, Cedar Grove Parkway 4th Addition, located along Cedar Grove Parkway between Fen
Way and River Valley Way, subject to the following conditions:
All voted in favor. Motion carried 6 -0.
Member Dugan abstained from voting on this item.
Secretary Piper moved, Vice Chair Filipi seconded a motion to recommend approval of a
Preliminary Planned Development for proposed Lot 1, Block 1, Cedar Grove Parkway 4th
Addition, to allow a four -story, 123 -unit hotel located along Cedar Grove Parkway between Fen
Way and River Valley Way, subject to the following conditions as amended:
1. A Preliminary Planned Development Agreement shall be executed. The following exhibits
shall be made part of the Agreement:
• Preliminary Site Plan
• Preliminary Landscape Plan
• Preliminary Building Elevations Plan
• Preliminary Site Lighting Plan
• Preliminary Signage Plan
2. The property shall be platted.
3. Rooftop mechanical units shall be shown on the Building Elevations at the time of building
permit, and ,placement of units 20' from the building edge and parapet height shall be
demonstrated on the permit plans. If these measures alone do not fully screen some
equipment, additional screening measures shall be employed in accordance with City
Code.
4. The building finish materials shall be modified to more closely align with the expectation of
60% use of primary materials and not more than 30% use of secondary materials.
5. All primary and secondary exterior building finish materials shall be integrally stucco, stone
and cement fiber board.
6. Detailed sign plans shall be submitted with the application for Final Planned Development
including dimensions, type of construction, and how the signs are to be lit. Conformance
with City Code standards will be confirmed at that time. All signs shall require a Sign
Permit prior to installation.
Advisory Planning Commission
March 25, 2014
Page 11 of 27
7. Building signage shall be revised to comply with City Code standards, located on only two
sides of the building.
8. The monument sign location shall be at least 10' from the property line and outside of the
utility easement area. The base shall be masonry to match the principal building. Design
plans for the monument sign should be provided at the time of Final Planned
Development, and conformance with the CGD design standards confirmed at that time.
9. Building address numbers shall be installed consistent with the provisions of Section 2.78
of City Code.
10. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the
streetscape and on -site landscaping work together.
11. A Photometric Lighting Plan shall be provided at the time of Final Planned Development,
illustrating levels of illumination in conformance with CGD standards.
All voted in favor. Motion carried 6 -0.
Member Dugan abstained from voting on this item.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 20, 2014
APPLICANT: Eagan EDA;
MHC Cedar Grove, LLC
PROPERTY OWNER: Eagan EDA
REQUEST: Rezoning/Prelim. & Final
Planned Development
LOCATION: 3939 Cedar Grove Parkway
CASES: 19-PS-04-03-14;
19- RZ- 01 -02 -14
19-PD-02-02-t4
HEARING DATE: March 25, 2014
APPLICATION DATE: March 5, 2014
PREPARED BY: Pamela Dudziak
COMPREHENSIVE PLAN: SA/MU, Special Area /Mixed Use
ZONING: CGD, Cedar Grove District
SUMMARY OF REQUEST
The applicant is requesting approval of a Preliminary Subdivision (Cedar Grove Parkway 0'
Addition) to create two lots upon 1.8 acres legally described as Lot 2, Block 1, Cedar Grove
Parkway 2nd Addition, a Rezoning from CGD (Cedar 'Grove District) to PD (Planned
Development) and a Preliminary Planned Development for proposed Lot 1, Block 1, Cedar
Grove Parkway 01 Addition, to allow a four - story, 123 -room hotel. The subject site is located
along Cedar Grove Parkway between Fen Way and River Valley Way,
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
Planning Report — Hilton Hone2 (Cedar Grove Parkway 6"' Addn,)
March 25, 2014
Page 2
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements are not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements are not likely to cause
health problems.
G. That the design of the subdivision or the type of improvements will not conflict with
easements of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan ". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Cleric to
maintain the Water Quality Management Plan and make the same available to the
public."
Planning Report — Hilton T -Iome2 (Cedar Grove Parkway 6 "' Addn.)
March 25, 2014
Page 3
Rezoning:
City Code Chapter 11, Section 11.50, Subd. 5 states in part,
1. The provisions of this chapter maybe 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 reconunendation.
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 site is within the Cedar Grove Redevelopment Tax Increment Financing (TIF) District. The
TIF District was certified by Dakota County in July of 2003. Also in 2003, the City's
Comprehensive Guide Plan was amended with the approval of the small area plan for Special
Area #5 (Cedar Grove). The City adopted the new Cedar Grove Zoning District ordinance in
December 2002 and on June 3, 2003, the City Council approved a rezoning of approximately 96
acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar
Grove District, including the parcel that comprises the subject site. The City's current 2030
Comprehensive Guide Plan, adopted in April 2010, continues to include this property within the
Cedar Grove Commons Special Area.
Planning Report — Hilton Horne2 (Cedar Grove Parkway 6 "' Addn.)
March 25, 2014
Page 4
In 2013, the City approved the Paragon Outlets development, a retail outlet center consisting of
approximately 400,000 s.f of retail space on 24.5 acres. That project is located west of Rahn
Road between Nicols Road and Eagan Outlets Parkway and is currently under construction. Also
approved within the core area of the redevelopment district in 2013 was a 4 -story apartment
development (The Flats at Cedar Grove) with 11,000 s.f. of commercial retail space on the first
level. A two level parking garage is under construction by the Eagan EDA adjacent to the site
between Eagan Outlets Parkway, Fen Way and River Valley Way, and provides approximately
1,500 parking stalls for Paragon and other new development, including the proposed hotel user.
The purchase agreement contemplated that the applicant would purchase the necessary parking
stalls within the garage to satisfy City Code,
REDEVELOPMENT PLAN AND DISTRICT
Histo —The proposed project is located in the core area of the Cedar Grove Redevelopment
District. The District was created by the City in 2003 as an outcome of the conclusions of the
Cedar /13 Task Force, an ad hoc group of business people, residents, the Chamber of Cominerce
and representatives of City advisory commissions. The Task Force was formed in response to
concerns by business and property owners in the area regarding the challenges the businesses and
property owners had maintaining their vitality following the replacement of the Hwy 13 -Cedar
Avenue intersection with the freeway interchange that shifted most traffic around the area and
changed the location from a pass through opportunity to one relying on destination customers for
their trade. As a consequence of this change, the area had begun to decline as businesses that
relied on the previous traffic pattern closed and relocated.
The Task Force report, referred to as the Village Plaza Plan, concluded that in order for the area
to be revitalized, it would be necessary for it to change from a predominantly community
shopping center use to a mixed use area consisting of a combination of residential, neighborhood,
hospitality and destination uses that could take advantage of its location and proximity to the
interchange and regional assets like the airport and Mall of America. It was recognized that the
combination of multiple small lots arranged around a road system that had been developed as a
state highway and frontage roads would not be assembled and converted through the private
market alone.
TIF District and Redevelopment Activities — In response to those findings, the City and its
Economic Development Authority (EDA) performed a review of the condition of the properties
and determined the area met the requirements for the creation of a redevelopment tax increment
financing district. Public hearings were held and the district was formed to facilitate the
acquisition and assembly of properties and provide for funding to offset the extraordinary costs
of acquisition, assembly and preparation of the area for private redevelopment. In a
redevelopment district, EDA's recoup such costs through a combination of the resale of the
development property and the additional tax revenue created by the new development. In this
case, the EDA has also secured grant funds to pay certain of the costs and it will continue to do
so as the redevelopment progresses. Developers who acquire property for new development
must also follow the ordinary development application and review process.
Plaraiing Report — Hilton Home2 (Cedar Grove Parkway 6 "' Addn)
March 25, 2014
Page 5
The overall goal for the area has been to reestablish it as a gateway to Eagan in a pedestrian and
transit oriented form through a combination of residential and commercial uses, incorporating
existing destination uses within the area, such as Jensen's Supper Club and Cedarvale Lanes.
Redevelopment projects within the district also will provide the opportunity to make trail
connections through the area between the City and regional trail systems to complete connections
frorn the neighborhoods to the public spaces within the area and the Minnesota River Valley trail
system.
Since 2003, the EDA has acquired properties within the area, relocated affected businesses,
cleared the property, performed environmental remediation and taken other steps to prepare the
area for new development. In parallel, the City has constructed improvements to the Hwy 13-
Silver Bell Road -Cedar Grove Boulevard -Cedar Grove Parkway intersection and roadways.
While the recession has limited investment in new development within the core area,
redevelopment and new development has occurred in the surrounding properties, including
Keystone Senior Living, Nicols Ridge Townhomes, Lincoln Place, Cedar Bluffs Business Center,
Schwan's Home Service and Eagle Ridge Condominiums. During this same time, individual
property owners invested privately in upgrades of McDonalds and the Shoppes at Cedar Grove
and the Minnesota Valley Transit Authority completed the first phase of the Cedar Grove Transit
Station, which will be one of the stops on the Cedar Avenue /Red Line Bus Rapid Transit system.
EXISTING CONDITIONS
The site has been graded with adjacent construction of the parking garage. The parking garage
surrounds the property on three sides. Access to the site is from Cedar Grove Parkway, which
abuts the fourth side. The proposed subdivision divides the site into two parcels. Lot 1 is 42,849
s.f. (0.98 acres) in size and is proposed for the hotel development. Lot 2 is 35,714 s.f. (0.82
acres) and is reserved for future development. Only Lot 1 is proposed for Rezoning and
Preliminary Planned Development at this time. Lot 2 will remain zoned CGD until a specific
development application comes forward for that lot.
SURROUNDING USES
The property and surrounding area is zoned Planned Development and is within the Cedar Grove
Special Area. The City's Comprehensive Guide Plan designates the subject site and areas
northwest of Cedar Grove Parkway for Mixed Use. To the south across Cedar Grove Parkway,
the property is designated Medium Density residential, and is developed with multi - family and
townhomes.
EVALUATION OF REQUEST
Description of Proposal — The proposal consists of two parts. The first is to subdivide the
existing parcel into two lots so that the easterly lot, Lot 1, can be sold for development.
Secondly, the proposal involves establishing a Preliminary Planned Development on Lot 1 for
Planning Report — Hilton Home2 (Cedar Grove Parkway 6 "' Addn)
March 25, 2014
Page 6
construction of a four -story hotel. The Eagan EDA is currently the owner of the subject site;
MHC Cedar Grove, LLC is the purchaser and developer of Lot 1.
The EDA is constructing a public parking garage adjacent to the site and development of this
parcel, both proposed Lots 1 and 2, are intended to utilize parking within the garage. Access is
from Cedar Grove Parkway, and is designed to be in one location shared by both the proposed
hotel on Lot 1 and future development on Lot 2.
Planned Development and Public Benefit — The property is currently zoned CGD, Cedar Grove
District, The CGD zoning district was established in 2002 as a tool to implement the principles
of the Cedar Grove Design Framework. for compact mixed -use development with an urban
design that is pedestrian friendly. To this end, the CGD district establishes specific standards
related to site planning, architecture, building materials, landscaping, signage and other elements.
By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more
intense development than is the case in other areas of the City. While the CGD Zoning District
permits that to occur, in order to be implemented, the details of individual developments may not
align with all of the specific requirements of the Zoning District. As a consequence, the City
anticipates that the developments within the district will reflect the general expectations of the
Code, but will be implemented through Planned Development Zoning, with the specific plans
being compared to the standards of that district as well as the redevelopment goals and principles
of the Cedar Grove Commons Special Area Plan of the City's Comprehensive Guide Plan.
This proposal provides for development of a multi -story hotel within the core area of the
Cedar Grove Redevelopment TIF District. The applicant's narrative indicates the
development will add local jobs and contribute to tourism and lodging taxes. Locally -based
Morrissey Hospitality Companies will own and manage the facility.
The Planned Development zoning affords flexibility to both the developer and the City with the
objective that the mutual flexibility benefits both parties. The developer is requesting some
deviations to typical Code requirements such as for setbacks exceeding the 0' -10' build -to line,
building materials and architecture, and signage. This report evaluates the proposed Planned
Development in comparison to the CGD zoning district and other City zoning standards, as well
as the principles of both the Cedar Grove Commons Special Area Plan and the Cedar Grove
Design Framework.
Compatibility with Surrounding Area — The 2003 Village Plaza Plan identified a successful
redevelopment in this area to include neighborhood commercial, hospitality, residential, and
destination uses. Paragon Outlets provides a destination use, and residential uses in the area are
both existing (Nicols Ridge, Keystone, and Lincoln Place) and new (The Flats at Cedar Grove).
The proposed Hilton Home2 hotel provides the complementary hospitality component.
Naming Report — Hilton Home2 (Cedar Grove Parkway 6"' Addn)
March 25, 2014
Paae 7
Consistency with Comprehensive Guide Plan — State law provides for the Planning Commission
to make a determination as to the consistency of the proposal with the City's Comprehensive
Guide Plan, when a City or EDA considers the sale of property to a private entity. In that regard,
the question of consistency with the Comprehensive Guide Plan was considered by the Advisory
Planning Commission in December 2013, prior to the EDA's consideration of the purchase
agreement for sale of the site to MHC Cedar Grove, LLC.
In this case, MHC Cedar Grove, LLC, and the Eagan EDA have entered into a purchase
agreement for the sale of the parcel described in the development action for the proposed
development of a hotel development in the core area of the Cedar Grove Conunons Special Area.
The agreement is contingent on approval of the development proposal.
Preliminary Subdivision:
Lots — The site consists of property which has been acquired by the Eagan EDA as part of the
Cedar Grove Redevelopment District. The property is proposed to be subdivided and platted into
two parcels, and the easterly parcel (Lot 1) is proposed for the hotel development at this time.
Airport Noise Considerations — The site is located within Airport Noise Policy Zone 4 one -mile
Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this
area. Within the Buffer of Zone 4, transient lodging uses are considered compatible.
Topo rg gphy /Grading — The site is open with no trees, and generally flat with elevations ranging
from 815 to 817.
The preliminary grading plan is acceptable. The entire site will be disturbed in preparation for
the proposed building, driveways, and parking area. The adjacent vacant parcel (Lot 2, Block 1,
Cedar Grove Parkway Ott' Addition) can be used as a staging area. The applicant should maintain
erosion control, re -grade the site, and establish turf on Lot 2, Block 1, Cedar Grove Parkway 01
Addition during and after construction, as required by the City engineer and at no cost to the
City. Lot 2 should be vacated upon issuance of the Lot 1 Certificate of Occupancy, the sale of
Lot 2, or within 30 days written request by the City. No construction equipment or vehicles
should use the parking garage during development of this site.
All erosion/sediment control plans submitted for development and grading permits should be
prepared by a designer who has received current Minnesota Department of Transportation
(MNDOT) training, or approved equal training as determined by the City Engineer in designing
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development,
should have received Erosion/Sediment Control Inspector/ Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer. Also,
all public and private streets, drainage systems, and utilities necessary to provide service to this
development should be designed and certified by a registered professional engineer in accordance
with City adopted codes, engineering standards, guidelines, and policies.
Maiming Report — Hilton Honie2 (Cedar Grove Parkway 6"' Addn.)
March 25, 2014
Nee 8
Storm Water Management /Water Quality — The preliminary storm drainage plan is acceptable,
with modification. The entire site lies within Drainage District A (as designated in the City Storm
Water Management Plan — 2007), and generally flows northwest toward Highway 13 and Pond
AP -52 within the Cedar Grove Boulevard and Highway 13 right -of -way.
This redevelopment is subject to the City's post construction requirements (City Code §4.33) for
stormwater management and surface water quality. These regulations include: design standards
for volume control and reduction; total phosphorus control; total suspended solids control; oil
and grease control; and runoff rate control — performance standards. They also provide for:
minimization of impervious surface area and maximization of infiltration and retention;
acceptable complementary stormwater treatments; pond requirements; regional ponding; and
maintenance of private stormwater facilities. According to §4.33, redevelopment projects such
as this need primarily to meet requirements for stormwater associated with increases in
impervious surface, as compared to the original development (i.e., Cedar Grove). The City has
determined overall redevelopment of the designated Special Area is not well suited to fulfill
§433 requirements on -site. Pond AP -52 has been modified as part of the City's public
improvement project (Cedar Grove Boulevard — Phase II, Project No. 1088), and will provide
storm water management per City standards for the entire redevelopment area, including this
proposed development.
Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and
management regulations, does not apply.
Utilities -- The preliminary utility plan is acceptable, with modifications. Trunk and lateral
sanitary sewer and water main of sufficient size, depth, and capacity are available for connection
to serve the development. Sanitary sewer District W (as designated in the City's Comprehensive
Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing
and locations in accordance with City Fire Department and Public Works standards. Water
service is proposed from the existing water main lateral located under Cedar Grove Parkway.
Installation of the new service will require open cutting the street and boulevard. The developer
should be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable
to the City Engineer. A storm sewer catch basin or manhole should be provided at the right -of-
way line at the Cedar Grove Parkway entrance between Lots 1 and 2 for future extension into Lot
2.
A sanitary sewer lateral was installed under the parking garage to allow flexibility for
development and marketability of Lots 1 and 2. This lateral provides gravity flow service deep
enough to accommodate a full basement design. The current proposed hotel location does not
provide sufficient space to stub the sanitary sewer along the northwest property line to serve the
unoccupied Lot 2. The proposed hotel would need to maintain a setback of 40 feet from the
parking structure wall to the northwest if the City wishes to maintain sanitary sewer service at
Lot 2 capable of gravity flow from a structure having a full basement. The setback is currently
shown about 17 feet from the parking garage wall. Service could still be provided for Lot 2 from
Planning Report — Hilton Home2 (Cedar Grove Parkway 6t1' Addn.)
March 25, 2014
Page 9
the sanitary sewer under Cedar Grove Parkway, but the existing pipe is too shallow to serve a full
basement under gravity flow conditions, so any use on that property would be likely be limited to
"slab on grade" construction.
Streets /Access /Pedestrian Circulation — Access for the site is proposed via Cedar Grove
Parkway. The proposed 24' wide driveway provides two -way traffic into the site, all on Lot 1.
The driveway should be shifted so it is centered on the lot line between Lot 1 and 2 to provide a
shared access for both properties. The developer should construct the exit lane on Lot 2. A
private access agreement should be required to allow access and circulation between both sites in
a form acceptable to the City Attorney. A one -way 22' wide two -lane driveway loops from the
entrance at Cedar Grove Parkway to the front door, which is covered by a canopy. The canopy
should provide a minimum 12' clearance for public safety vehicles. A direct access into and out
of the parking garage is also shown. The connection to the parking garage should be aligned
with the drive aisles within the garage, be a minimum of 28' wide, provide access into and out of
the garage, and a "clearance bar" installed to limit large vehicles.
Pedestrian access and circulation will be provided through concrete sidewalks within the site area
and connect into the parking garage. The developer should install bollards at the pedestrian
connection to the parking garage. A public concrete sidewalk is located within the Cedar Grove
Parkway right -of -way and terminates at the property line of this development. The developer
should extend the public concrete sidewalk in the Cedar Grove Parkway right -of -way through the
site.
Street Lights — Public street lights are currently located along Cedar Grove Parkway and
terminate at the property line of this development. The developer should extend the street lights
along Cedar Grove Parkway adjacent to the site.
Easements /Permits /Right -of -Way — The casements to be dedicated should include 10 foot wide
minimum easements on both sides of all public utilities, and 10 foot wide easements along all lot
lines. The developer should obtain all outside agency permits as necessary for completion of the
site improvements,
Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed for
platting.
Landscaping — The CGD zoning district includes specific design standards for landscaping
including placement of trees every 25' where parking abuts the site perimeter, one overstory tree
for every 500 sq. ft. of landscape area on the site, certain prohibited species and other species to
be used only in certain circumstances, such as evergreen trees only in areas protected from winter
wind conditions.
The Landscape Plan shows the front yard area occupied by sod with foundation plantings of both
evergreen and deciduous shrubs, and some perennials. The front patio is surrounded by
ornamental grasses with birch trees at each corner. The center of the front yard area shows a bed
Planning Report — Hilton Home2 (Cedar Grove Parkway 6`1' Addn.)
March 25, 2014
Page 10
of three maple trees. Additional trees are proposed behind the building and on both the east and
west ends of the building. In all, 12 overstory trees (birch, maple, honeylocust) and five
ornamental trees (serviceberry) are proposed. In addition, the Cedar Grove Parkway streetscape
provides a line of trees along the property as well. These off -site street trees should be shown on
the Final Landscape Plan to illustrate how the streetscape and on -site landscaping work together.
Tree Preservation — The site has been graded with the parking garage development. There are no
tree preservation issues with this site..
Parks and Recreation — This development is responsible for park and trail dedications. The
dedications will be calculated based on actual construction plans at the time of Building Permit
and collected prior to release of the Building Permit. Based on the 2014 Fee Schedule, the cash
park dedication is anticipated to be $55,848 ($869/1000 s.f of bldg. at 64,267 s.f of building).
Trail dedication is to be satisfied through construction of trails on and adjacent to the site
Rezoning and Preliminary Planned Development:
The proposed Rezoning and Preliminary Planned Development apply only to proposed Lot 1.
Lot 2 is reserved for future development, and will retain the existing CGD, Cedar Grove District,
zoning designation.
Site Plan — The Site Plan provides for a shared driveway access for Lots 1 and 2 fronn Cedar
Grove Parkway. The driveway provides direct access to the upper level of the parking garage for
hotel guest parking. The design allows traffic to both enter and leave the parking garage in this
location. Accessible parking stalls and a guest drop - off /pickup area is provided within the site.
The Site Plan shows two patios, one on the north side accessed through the indoor swimming
pool, and the other on the south side accessed via the gathering area near the front lobby.
A pedestrian walkway connects the hotel front door and the parking garage, with the garage
walkway leading to the central bank of staircases and elevators directly across from Paragon
Outlets. A sidewalk extends along Cedar Grove Parkway within the public right -of -way, with
connections to the site at the east end of the building, and near the guest patio located on the
south side of the building. At the east end of the building, a sidewalk also connects to the
parking garage near the staircase.
Setbacks - The CGD zoning district establishes a minimum front yard setback of 0' and
maximum of 10', a minimum setback of 0' for side yards, and a minimum setback of 20' for rear
yards. Parking setbacks are a minimum of 5' on side and rear yards, and 20' in front yards
adjacent to public rigbt- of-way.
The proposed rear yard setback is 12'9" from, which is less than the 20' minimum. In the front
yard, the proposed building setback is approximately 38', with a projection at the east end of the
building, and the patio near the west end lobby, both extending to about 18'. Thus, the front
yard setback exceeds the CGD standard of 0' —10' build -to line. In the side yard, the east end is
Planning Report — Hilton Home2 (Cedar Grove Parkway 6t1' Addn.)
March 25, 2014
Pave 11
set back 7'. The west side setback acconunodates the drive, parking and drop off areas with an
82' setback to the building. The canopy over the drop -off area is set back 44' from the west side
lot line.
While the CGD district encourages building placement near the street with less than 10'
setbacks, the presence of a storm sewer line and associated utility easement effectively push the
building back.
Lot Coverage /Density — CGD zoning does not specifically define density or establish a maximum
building to lot area coverage ratio. This is consistent with the goal of achieving a more urban
redevelopment and providing maximum flexibility for a mix of uses within the Cedar Grove
District.
The proposed project is 123 hotel units on 0.98 acres. The total building area is 64,267 s.f.,
which translates to a floor area ratio of 1.5. The building to lot area coverage ratio is 42 %.
Parkin — City Code requires one parking stall for each room, plus one for every eight rooms.
With 123 rooms in the hotel, a total of 138 parking stalls are required. The Site Plan provides for
six stalls within the site, with the balance in the adjacent parking garage. The FDA's purchase
agreement contemplated that the developer would purchase use of the necessary stalls to satisfy
City Code. As such, an amendment to the purchase agreement will be prepared.
Site Lighting — The CGD district restricts pole lights to a maximum height of 20'. A minimum
illumination of 0.5 footcandles is required in surface parking lots, with lighting averaging 1.5
footcandles. Lighting should not exceed 0.5 footcandles at the property lines, and no glare
should be directed onto adjacent right -of -way or neighboring properties.
With most of the parking for this site located in the adj acent garage, on -site lighting is limited.
Bollard lighting is proposed along walkways, and pole lighting is proposed in the parking and
driveway areas on the west end of the lot. The applicant is proposing to utilize an LED pole -
mounted fixture. Recessed lights are proposed beneath the canopy to illuminate the drop -off
area. Wall- mounted downlighting and string lighting is proposed for the two patio areas. A
Photometric Lighting Plan should be provided at the time of Final Planned Development,
illustrating levels of illumination in conformance with CGD standards.
Green Space — The CGD ordinance does not set any standard for green space, and storm drainage
and water quality treatment are handled in area ponds.
Building Architecture — The CGD district contains specific provisions related to building design
and exterior finish materials. The applicant's narrative speaks to the proposed deviations from
the City Code standards.
Height — The proposed building is four stories and 43' in height for the primary building.
An architectural feature of the Hilton Home2 Suites design is the "beacon" which is
Naming Report — Hilton Home2 (Cedar Grove Parkway 6`1' Addn,)
March 25, 2014
Page 12
situated on the west (lobby) end of the building and extends 10' above the primary
structure, putting the tallest point of the building at 52'611. The applicant's narrative
indicates that this is "not a large component of the building, but is a central feature in the
Brand's design."
Architectural Design — The COD zoning district established architectural design criteria
for buildirigs more than 50' in length. These criteria include providing horizontal and
vertical offsets, recessed windows on the first floor, and use of different materials or
textures to architecturally divide the fagade into bays between 20' and 40' in width, In
addition, finish materials on all sides of a building shall be treated as a front side and have
the same finish materials, major materials shall be complementary colors, and use of both
vertical and horizontal pattern designs in the building fagade,
The proposed building has a flat roof. The Hilton Home2 beacon provides a
distinguishing visual element in the architecture of the building. The use of different
materials and colors provides vertical offsets along the length of the building; however,
some of these sections exceed 40' in length, Horizontally, the first floor is visually
anchored with a large format "buff stone tile." Stucco and cement fiber board are utilized
on the upper levels, with a prefinished metal accent band between each story of the
building.
Given the scale and location of the building, and type of use being a hotel, the
acceptability of the building architecture is a policy matter to be determined by City
officials.
Building Materials — The COD zoning district establishes that primary materials cover at
least 60 % of the fagade, and secondary materials occupy not more than 30% of the
fagade. Accent materials may make up not more than 10 %. Primary materials include
brick, stone and glass; secondary materials may include decorative block or integrally -
colored stucco. In addition, all primary and secondary materials shall be integrally
colored, Cement Fiber Board is a material not specifically identified in the COD
architectural provisions. The City has previously classified Cement Fiber Board as a
secondary material in the COD district (The Flats at Cedar Grove).
The proposed plan provides the following materials and ratios:
Stucco 34%
Cement fiber board 32%
Windows /glass 16%
Prefrnished metal 10%
Stone 8%
Applying the COD architectural standards to the proposal, the stone and glass are
considered primary materials (24 %). The stucco and cement fiber board are considered
secondary materials (66 %), and the preflnished metal (10 %) is an accent material. With
Planning Report — Hilton Home2 (Cedar Grove Parkway 6 °' Addn.)
March 25, 2014
Page 13
primary materials well below the 60% CGD standard, and secondary materials well in
excess of the 30% CGD standard, the proposed building materials do not meet the
expectations of the CGD district. The building finish materials should be modified to
more closely align with the expectation of 60% use of primary materials and not snore
than 30% use of secondary materials.
According to the project architect, the proposed hotel design "conforms to Hilton's design
specifications which call for a more even distribution of materials [as compared to the
City's 60 % -30% ratio] across the exterior while providing some flexibility in color and
individual materials." Tn addition, the narrative states the proposal provides "visual relief
throughout the exterior," within budget and allows the design "to be integrated into the
overall development and Cedar Grove Area."
The acceptability of the proposed building materials is a policy matter to be determined
by City officials.
Si_gnag e — The proposal includes both building mounted wall signs and a free - standing
monument sign.
Building Signs- Wall signage is proposed on all four sides of the building. At the west
end, which houses the main entrance and lobby, the signs are located beneath the beacon.
On the east end, the sign is located level with the fourth story windows.
The CGD ordinance provides the following parameters for wall signage. Wall signs may
be located within a 3' sign band, between 10' and 15' above ground. The proposal
locates the wall signs at the fourth story level of the building, more than 30' above the
ground.
Attached wall signage to be script letters or logo; box signs are prohibited. The
Submitted sign plans show a backlit channel letter design. Sign sizes appear to be below
the allotted 1.5 sq. ft. per lineal foot of building frontage. Final dimensions should be
confirmed with the Final Planned Development, and at the time of Sign Permit
application.
The applicant proposes signage on all four sides of this building. This exceeds the
number permitted by City Code standards. The CGD zoning district allots 1.5 sq, ft, of
wall signage per lineal foot of building frontage on a public street or public open space or
private parking area. Thus, City Code permits building wall signs on the south and west
elevations and building signage should be revised to comply with City Code provisions.
The applicant's narrative indicates that placement of the sign near the top of the beacon
on the northwest elevation is "a key design component from the Brand's perspective" and
also "is desirable from ownership's perspective as it will face directly northwest towards
potential guests arriving in the Cedar Grove area via Highways 77 and 13."
Planning Report— Hilton Home2 (Cedar Grove Parkway 6 °i Addn.)
March 25, 2014
Page 14
Freestanding Signs -- One free- standing sign is proposed at the west end of the lot
adjacent to Cedar Grove Parkway, just east of the driveway entrance. The proposed sign
location may conflict with a utility easement that extends along the front of the property.
The monument sign location should be at least 10' from the property line and outside of
the utility easement area. The proposed monument sign is an internally lit cabinet. The
base should be masonry to match the principal building.
The CGD district allows freestanding signs up to 12' in height. The sign base should be
constricted of materials to match the principal building, with a minimum base height of
3' and a maximum sign area of 45 s.f. on one side. Design plans for the monument sign
should be provided at the time of Final Planned Development, and conformance with the
CGD design standards confirmed at that time.
Building Address Numbers — Building address numbers should be installed consistent with the
provisions of Section 2.78 of City Code.
Mechanical Equipment /Trash Storage — City Code requires a minimum 30" parapet for new
buildings, and that mechanical units be placed at least 20' from the edge of the building. A 42"
parapet is provided along the entire roof line.
Rooftop mechanical units should be shown on the Building Elevations at the time of building
permit, and placement of units 20' from the building edge and parapet height should be
demonstrated on the permit plans. If these measures alone do not filly screen some equipment,
additional screening measures should be employed in accordance with City Code.
Trash storage — Trash is proposed to be stored inside the principal building, accessed through an
exterior door to parking area on the west side of the building.
Tree Preservation — The site has been graded with the parking garage development. There are no
tree preservation issues with this site.
SUMMARY /CONCLUSION
The applicant is proposing a Preliminary Subdivision, Rezoning and Preliminary Planned
Development to allow construction of a four -story 123 -unit hotel within the core area of the
Cedar Grove Redevelopment District. The proposal divides the existing 1.8 acre parcel into two
lots. Lot 1 is proposed for the Rezoning and hotel development, Lot 2 will retain the CGD
zoning designation is reserved for future development.
The proposed development takes access from Cedar Grove Parkway, and establishes a direct
vehicle connection to and from the parking garage. The majority of parking to support the hotel
is provided within the garage. The site plan provides for sidewalks around the building and
connections to adjacent public trails and to the garage. The PD zoning provides flexibility in the
application of zoning standards for mutual benefit. The developer is requesting some deviations
Planning Report — Hilton Home2 (Cedar Grove Parkway 6t1' Addn.)
March 25, 2014
Page 15
to typical Code requirements such as for setbacks exceeding the 0' -10' build -to line, building
materials and architecture, and signage. The appropriateness of proposed deviations as outlined
in this report is a policy matter to be determined by City officials.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision (Cedar Grove Parkway 0' Addition)
to create two lots upon 1.8 acres legally described as Lot 2, Block 1, Cedar Grove Parkway 2nd
Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way,' If
approved, the following conditions shall apply:
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on Febivary 2, 1993: A1, B1, B2, B3, B4, C1, C2, C4, D1, and E1.
2. The property shall be platted.
3. The applicant shall maintain erosion control, re -grade the site, and establish turf on Lot 2,
Block 1, Cedar Grove Parkway 4th Addition, during and after construction, as required by
the City Engineer and at no cost to the City.
4, Lot 2 shall be vacated upon issuance of the Lot 1 Certificate of Occupancy, the sale of Lot
2, or within 3 0 days written request by the City.
5. No construction equipment or vehicles shall use the parking garage during development
of this site.
All erosion/ sediment control plans submitted for development and grading permits shall
be prepared by a designer who has received current Minnesota Department of
Transportation (MNDOT) training, or approved equal training as determined by the City
Engineer in designing stolinwater pollution prevention plans. Also, all personnel
responsible for the installation of erosion/ sediment control devices, and the
establislunent of vegetation for the development, shall have received Erosion/Sediment
Control inspector /Installer certification through the University of Minnesota, or approved
equal training as determined by the City Engineer,
7. A storm sewer catch basin or manhole shall be provided at the right-of-way line at the
Cedar Grove Parkway entrance between Lots 1 and 2 for future extension into Lot 2,
8. The developer shall be responsible to restore the street, curb and gutter, and boulevard
damaged by installation of the water main service along Cedar Grove Parkway in a
manner acceptable to the City Engineer.
Plaiming Report — Hilton T3ome2 (Cedar Grove Parkway 6"' Addn,)
March 25, 2014
Page 16
9. All public and private streets, drainage systems, and utilities necessary to provide service
to this development shall be designed and certified by a registered professional engineer
in accordance with City adopted codes, engineering standards, guidelines, and policies.
10. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
11. The front door canopy shall provide a minimum 12' clearance for public safety vehicles.
12. The driveway shall be centered on the lot line between Lot 1 and 2 to provide a shared
access for both properties.
13. The exit lane on Lot 2 shall be constructed by the developer.
14. A private access agreement should be required to allow access and circulation between
Lots 1 and 2 in a form acceptable to the City Attorney.
15. The connection to the parking garage shall be aligned with the drive aisles within the
garage, be a minimum of 28' wide, provide access into and out of the garage, and a
"clearance bar" installed to limit large vehicles.
16. The developer shall install bollards at the pedestrian connection to the parking garage.
17. The developer shall extend the public concrete sidewalk in the Cedar Grove Parkway
right -of -way through the site.
18. Streets lights shall be extended through the site by the developer.
19. Public drainage & utility casements at least 10' in width shall be dedicated on both sides
of all public utilities, and 10' easements shall be dedicated along all lot lines.
20. The developer shall obtain all outside agency permits as necessary for completion of the
site improvements
21. Off-site street trees shall be shown on the Final Landscape Plan to illustrate how the
streetscape and on -site landscaping work together.
22. This development shall accept its additional financial obligations as defined in the staff's
report in accordance with the final plat dimensions and the rates in effect at the time of
final plat approval.
23. The monument sign location shall be at least 10' from the property line and outside of the
utility easement area.
Planning Report — Hilton Home2 (Cedar Grove Parkway 6'11 Addn)
March 25, 2014
Page 17
To recommend approval of a Rezoning from COD (Cedar Grove District) to PD (Plaimed
Development) for proposed Lot 1, Block 1, Cedar Grove Parkway 0 Addition, located along
Cedar Grove Parkway between Fen Way and River Valley Way.
To recommend approval of a Preliminary Planned Development for proposed Lot 1, Block 1,
Cedar Grove Parkway 4t1i Addition, to allow a four - story, 123 -unit hotel located along Cedar
Grove Parkway between Fen Way and River Valley Way. If approved, the following conditions
shall apply;
1. A Preliminary Planned Development Agreement shall be executed. The following
exhibits shall be made part of the Agreement;
• Preliminary Site Plan
• Preliminary Landscape Plan
• Preliminary Building Elevations Plan
• Preliminary Site Lighting Plan
• Preliminary Signage Plan
2. The property shall be platted.
3. Rooftop mechanical units shall be shown on the Building Elevations at the time of
building permit, and placement of units 20' from the building edge and parapet height
shall be demonstrated on the permit plans. If these measures alone do not fully screen
some equipment, additional screening measures shall be employed in accordance with
City Code.
4. The building finish materials shall be modified to more closely align with the expectation
of 60% use of primary materials and not more than 30% use of secondary materials.
5. All primary and secondary exterior building finish materials shall be integrally stucco,
stone and cement fiber board.
6. Detailed sign plans shall be submitted with the application for Final Planned
Development including dimensions, type of construction, and how the signs are to be lit.
Conformance with City Code standards will be confirmed at that time. All signs shall
require a Sign Permit prior to installation.
7. Building signage shall be revised to comply with City Code standards, located on the
south and west elevations only.
8. The monument sign location shall beat least 10' from the property line and outside of the
utility easement area. The base shall be masonry to match the principal building. Design
plans for the monument sign should be provided at the time of Final Planned
Development, and conformance with the COD design standards confirmed at that time.
Planning Report — Hilton Hoxme2 (Cedar Grove Parkway 6"' Addn.)
March 25, 2014
Nee 18
9. Building address numbers shall be installed consistent with the provisions of Section 2.78
of City Code.
10. Off-site street trees shall be shown on the Final Landscape Plan to illustrate how the
streetscape and on -site landscaping work together.
11. A Photometric Lighting Plan shall be provided at the time of Final Planned Development,
illustrating levels of illumination in conformance with CGD standards.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as
defined in the staff's report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered overall lot lines and, 10 -foot drainage and utility easements
adjacent to all public rights -o£ way where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right -of -way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding
easements, in accordance with requirements set forth in the latest version
of the City's Stormwater Management flan.
C, Plans and Specifications
1, All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval,
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval,
This development shall ensure that all dead -end public streets shall have a
permanent cul -de -sac, or temporary cul -de -sac to be removed upon further
extension (on stub streets), constructed in accordance with City
engineering standards. This development shall dedicate, provide, or
financially guarantee the acquisition costs of street easements or public
street rights-of-way as required by the alignment of the cul -de -sacs located
within or beyond the boundaries of this plat as necessary to service or
accommodate this development.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
If any improvements are to be installed under a City contract, the
appropriate public improvement project and associated contract must be
awarded by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks Commission and as awarded by the
action of the City Council,
G. Tree Preservation and Mitigation
1. This development shall be responsible for preparing a tree preservation
plan and mitigating for any removal in excess of the allowable limits.
Mitigation shall be in the form of replacement trees, cash equivalent, or a
combination thereof in accordance with the recommendation of the
Advisory Parks Commission and as awarded by the action of the City
Council.
H. Stormwater Management and Water Quality Protection
1. This development shall manage stormwater and protect water quality by
meeting requirements for design standards, minimizing impervious surface
area and maximizing infiltration and retention, and providing acceptable
complementary stormwater treatments, stormwater treatment ponds,
regional ponds, and maintenance of private stormwater facilities in
accordance with the current City post construction regulations and as
recommended by the Advisory Parks Commission and awarded by
Council action.
I, Wetlands Protection and Management
1, This development shall protect and manage wetlands by meeting
requirements for wetland delineations and assessments, sequencing and
replacement, and wetland buffers and setbacks in accordance with the
current wetland protection and management regulations and as
recommended by the Advisory Parks Commission and awarded by
Council action.
J. Airport Noise Attenuation
1. This development shall be responsible for meeting all appropriate noise
attenuation conditions if the property is located within the Metropolitan
Council Noise Exposure and /or Buffer Zone,
K, Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action,
Advisory Planning Commission City Council
Approved: _ August 25,1987
September 15, 1987
Revised: July 10, 1990
Revised: February 2, 1993
Revised: July 7, 2009
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EAGAN, MN f-� Al
ESG Project No, 214301
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Project Description
The Hilton Home2 Suites Hotel of Eagan is proposed to be a 4 -level hotel with
123 guest rooms, an indoor pool, fitness center, guest gathering and breakfast
space, and meeting room. It will be located on —1.0 acre of land in the Cedar
Grove Redevelopment District; guests will arrive to the hotel from the south on
Cedar Grove Parkway and park in the adjacent parking facility being constructed
by the City of Eagan. There will be pedestrian and vehicular access to parking,
the premium outlet mall north of the hotel, and the high -speed transit station west
of the site. Less than 10 miles from the hotel resides the Mall of America and
Minneapolis -St. Paul International Airport. The hotel will provide a shuttle service
to area businesses and attractions for hotel guests.
The hotel will offer extended stay guest rooms and suites ranging from 330 sq. ft.
to 540 sq. ft. Design will revolve around clean lines and simple furnishings,
relying on fabrics, accessories and artwork to provide delight, playfulness, and a
sense of place. Lobby design will inject a human scale into the space by creating
intimate conversational groupings juxtaposed with flashes of color and
impressive sources of ambient light. The guiding principle of "affordable style" will
bring confidence and familiarity to the guest, who is increasingly exposed to
online, catalog, and other retailers promising to bring to the buyer, or rather
return the buyer to, products that are clean, stimulating, usable, and practical.
The exterior finishes will be carefully designed so as to be integrated with the
Cedar Grove Development, meet brand standards and to be visible as a new
lodging brand and exciting addition to the city of Eagan. The core of the building
is anticipated to be a prefinished brown fiber cement lap siding with a bronze
metal accent band, white stucco wrap and large, buff stone tiles at the base
support. The signature design component, per Hilton, is the Beacon, located on
the northwest- corner of the hotel, and is wrapped in dark gray stucco decorated
with a prefinished green metal panel and glass backlit crown at the top.
The enclosed pool, fitness center, and one of two patios will be on the north side
of the hotel, separated from the parking ramp by well - designed landscaping and
an ornamental, prefinished metal fence. The south side of the hotel, facing the
residential neighbors, will have the second patio of the hotel featuring
landscaping, stone walls, and outdoor fire feature for guests to enjoy as if in a
neighborhood setting. There will be a walking / running / pedestrian path which
will allow guests to access the hotel from all sides while the vehicular access to
the hotel and ramp is anticipated to be on a one -way, drop off lane located on the
western side of the hotel. Landscaping around the hotel will add green
beautification and a sense of guest privacy between the hotel, parking structure,
and the surrounding neighborhood.
NARRATIVE
2000 LANDMARK TOWERS, 345 ST. PETER STREET, SAINT PAUL, MN $5102.1221
PH. 651.221.0815 • WWW,MORRISSEYHO §PITALITY.COM
The hotel is expected to break ground in the late spring of 2014 and have a 12-
month construction period. During this time, local businesses and organizations
will be engaged by management to provide services, products and support to the
project where possible. Plans are for this property and its team to become
partners with the local chambers of commerce and trade organizations in
promoting the economic vitality of the redevelopment district and surrounding
areas.
To the north of the hotel, a new, high -end, regional outlet mall is being developed
by Paragon Outlet Partners and is expected to open the summer of 2014 with
more than 441,000 square feet of retail space. The mall will have an extensive
list of "who's who" of designer and brand names, including Barneys, New York,
Columbia Sportswear, Calvin Klein, Coach, Gap, J. Crew, Nike, Neiman Marcus,
Saks Fifth Avenue, Tommy Hilfiger, and more. This premium outlet mall will be a
complement to the Mall of America, which draws regional and international
visitors. The mall is being developed by a proven developer in delivering 100 %
leased premium outlet malls in Dallas, San Francisco, Orlando, and now the
Twin Cities.
Eagan is home to more than 2,000 diverse businesses and has had the highest
job growth in the Twin Cities metro over the last decade. Blue Cross & Blue
Shield's headquarters and its 3,900+ employees will be less than 1 mile from the
hotel and Delta Airlines, Wells Fargo Mortgage, USPS, and Thomson Reuters
employ more than 10,000 people within 6 miles. The city of Eagan estimated
more than 25,000 employed people in the city for 2012, creating an attractive
business traveler market and support network for the hotel.
Community and City Benefits
The Hilton Home2 Suites of Eagan will be a supportive addition to the
redevelopment site and will benefit the people, community and city of Eagan by
providing 16 full- time, local jobs, added visibility and publicity to the city, tourism,
municipal, county and local lodging taxes, and added value to the Cedar Grove
Redevelopment Site, which will encourage further development at the site and in
the city.
The hotel will be managed by locally -based Morrissey Hospitality Companies,
Inc. with a current portfolio and history of managing successful hotels in the Twin
Cities and Midwest like The Saint Paul Hotel, The Hotel Minneapolis, and the St.
James Hotel. Our vision is to add to the development's sense of place and
community with a thoughtful and sophisticated design, outstanding guest service,
and a desired location for business and leisure travelers.
2/17/14
MHC culture is to be very active in the communities we reside in. All managers of
MHC are encouraged and supported to belong to business and personal
organizations and actively volunteer. William Morrissey, founder and principal of
MHC, has an extensive history of civic, philanthropic, and business involvement
locally and nationally.
Rezoning Request
We are requesting the subject land to be purchased be rezoned from the Cedar
Grove District (CGD) to Planned Development (PD). The proposed rezoning will
allow for the commercial development of a hotel /hospitality product to exist
among other property types, keeping the proposed project consistent with overall
plans for mixed use development throughout the Cedar Grove Redevelopment
District. Therefore, this rezoning request should not impact surrounding property
or land uses.
The rezoning of the subject land to PD will be beneficial to the District as it will
make use of the vacant site the City of Eagan is currently preparing, will anchor
development on the south side of the Redevelopment District and add a
commercial benefit to visitors to the area by providing quality and affordable
lodging.
As part of the City of Eagan's plan for redevelopment of the Cedar Grove District
which is to include a mix of dense residential and commercial properties, the
proposed PD zoning will allow the development of this hotel and meet the City's
plans. Consequently, typical draws by a hotel of this size upon city services such
as sewer, water and local transportation infrastructure would be expected as part
of the commercial component of this redevelopment plan. Storm water
management plans have reportedly been previously created and are to be
handled via plans pertaining to the Paragon Outlet Mall development for the
entire District.
The proposed rezoning will allow the construction and operation of the Hilton
Home2 Suites Hotel of Eagan, which itself will aid in the City's goals of
redevelopment and revitalizing the Cedar Grove District. The physical design of
the hotel will be in line with other design elements of the District while the lodging
services offered will meet an important amenity demand by both retail visitors to
the shopping mall as well as local businesses.
City Ordinance Requests
Subdivision 21, Section E, 15: Height Limit — The proposed hotel will be four
stories with a height of approximately 43'0" for the primary structure. Positioned
on the northwest corner is a structure within the hotel called the "beacon ", a
principal design element to the Home2 Suites by Hilton Brand. This feature rises
2117/14
higher than the roof of the primary structure by approximately 10', resulting in a
maximum height at this particular spot in the building of 52'6 ". The beacon is not
a large component of the building but is a central feature in the Brand's design.
Subdivision 21, Section J, 3: Visual relief on walls greater than 50' in length —
There is a portion of the exterior wall on the north and south sides of the hotel
which exceeds the 50' threshold due to the prototypical layout of the hotel brand.
This particular property was redesigned to have the suites on the eastern end of
the hotel have a different exterior fagade so as to provide a break in the color
palate and linear design of the primary wall. However, given the physical layout
demands of the guest room package, these suites needed to be located closer to
the eastern side of the property, inhibiting the design relief from meeting a 50'
threshold.
Subdivision 21, Section J, 5: Primary, secondary and accent materials — Code
calls for the primary materials to cover 60% of the building with secondary
covering 30 %. However, Hilton's standard design for the Home2 product calls for
a more even distribution of materials across the exterior, while providing some
flexibility in color and individual materials. Because of this, the two most common
materials present in this hotel's plans, stucco and fiber cement board lap siding,
account for 34% and 32% of the surface area, respectively. The rest of the
surface area is comprised of windows /glass (16 %), prefinished metal (10 %), and
stone (8 %). This conforms to Hilton's design specifications as well as providing
visual relief throughout the exterior. Further, the proposed selection of materials
meets both budget allotments and allows the design of the hotel to be integrated
into the overall development and Cedar Grove Area.
Subdivision 21, Section J, 14(b): Wall signs — Wall signage on buildings is not
to be more than 15' above ground. Hilton calls for its primary wall sign, the
Home2 logo, to be placed near the top of the beacon located on the northwest
side of the property, at a height approximate to the 4t" story of the hotel, above
the 15' threshold. Not only is this structure a key design component from the
Brand's perspective; it also is desirable from ownership's perspective as it will
face directly northwest towards potential guests arriving in the Cedar Grove area
via Highways 77 and 13.
2/17114
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MHC Response to APC Report
March 27, 2014
Building Materials (page 12):
The CGD zoning district establishes that primary materials cover at least 60% of the fagade, and
secondary materials occupy not more than 30% of the fagade. Accent materials may make up not more
than 10 %. Primary materials include brick, stone and glass; secondary materials may include decorative
block or integrally - colored stucco... Cement Fiber Board is a material not specifically identified in the CGD
architectural provisions. The City has previously classified Cement Fiber Board as a secondary material in
the CGD district) ... Applying the CGD architectural standards to the proposal, the stone and glass are
considered primary materials (24 %). The stucco and cement fiber board are considered secondary
materials (66 %),...
The design proposed conforms to a selection of materials and colors allowed by Hilton as part of the
approved design solutions for the Home2 Suites brand. Hilton's standard design for the Home2 product
calls for a more even distribution of materials across the exterior. To date, Home2's have largely been
constructed in the southern portions of the country, possessing warmer /brighter colors and materials to
match the environment in which they exist. When the developer initially proposed its design /color
selection for this project, public feedback was concerning about the exterior look, particularly colors,
and how they would relate to both the newly constructed retail as well as the residential units on the
south side of Cedar Grove Parkway.
While selecting among the design elements from Hilton, the developer sought one which would directly
correspond to approved Brand prototype designs, incorporate some of the material /color elements of
other buildings in the area, and possess materials /colors which are not only long lasting in a northern
climate but also provide modern /fresh elements, which are an integral aspect of the Home2's brand
focus.
• Reflecting on the feedback from City review and residents concern on the initial design in 2013,
the developer sought to propose a hotel design that incorporates colors and materials from not
only the new outlet mall but also the residential units and other buildings around Cedar Grove
Parkway. An understood key goal of this development was to act as a transitional buffer
between the commercial activity surrounding the mall and the neighborhood -feel on the south
side of the parkway. The use of white and brown colors matches those of the mall, parking ramp
and apartments currently under construction in the district while stone and stucco incorporate
similar materials while providing durable and long lasting finishes to the exterior— a must given
northern climate conditions. The design also incorporates Cement Fiber Boards, the
arrangement and appearance of which provides a transition from commercial development to
residential feel, maintaining a sense the hotel stands as a compliment to the neighborhood, not
a direct contrast.
MHC Response to APC Report
March 27, 2014
• The materials and colors proposed are among the approved combinations provided by Hilton in
its Home2 brand standards. Initial design feedback from Hilton has been positive with these
finishes because of this conformity and has aided in the approval process for the franchise
application, a necessary requirement for this development. This will allow an anticipated
approval of the franchise to occur by June, conforming to both land closing and construction
scheduling.
• While such materials /colors help the hotel to blend in with the rest of the area, the combined
features also allow some uniqueness to the site with a modern feel to it. Hilton's design for
Home2 is to be an eco- friendly hotel with a fresh, forward design, as it looks to position it for
the next generation of hotel guests. External building materials, such as those depicted, allow
the brand to stand out from other Hilton brands, such as a Hampton or Garden Inn. This
uniqueness will be a key distinction for the property and greatly assist the hotel in establishing
its place in the market.
Signage (page 13):
The applicant proposes signage on all four sides of this building. This exceeds the number permitted (2)
by City Code Standards.
The initial design proposed called for four signs to be placed on each side of the hotel, in conformity
with Home2 brand standards. Such signage does have soft illumination to them so as to highlight the
hotel without the necessity of a pylon sign. The purpose of such signage is to face towards incoming or
potential guests and alert them to the location of the property. The most important areas for such
signage is on the northwest corner of the building as it faces both Highways 13 and 77, the major
thoroughfares in the area.
After discussing some concerns with the City and residents on the south side of Cedar Grove Parkway,
the developer would agree that the exterior sign on the south side of the hotel is not necessary for
attracting or directing guests and would propose to the brand to drop the sign. While not a powerfully lit
sign, it would further reduce any light being directed at the residences, whether from the hotel or any
commercial property in the area. The developer would request the ability to place signs as depicted on
this north /west corner of the hotel as well as a third sign as shown on the east end of the building. As
guests turn off from Highway 13 onto Cedar Grove Parkway, this eastern sign will direct them towards
the hotel and away from interference with mall or other property traffic.
ADDITIONAL APPLICANT CORRESPONDENCE