The URL can be used to link to this page

02/16/1999 - City Council Regular 4,? k., Y AGENDA EAGAN CITY COUNCIL-REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 16,1999 6:30 P.M. I. ROLL CALL&PLEDGE OF ALLEGIANCE II. ADOPT AGENDA&APPROVAL OF MINUTES(BLUE) III. VISITORS TO BE HEARD(10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITIONS&PRESENTATIONS A. RECOGNITION of Advisory Commission Members'Service V. DEPARTMENT HEAD BUSINESS(BLUE) �2 A A. CEDARVALE Area Study-Task Force creation VI. CONSENT AGENDA(PINK) f3 A. PERSONNEL ITEMS L� B. FINAL PLAT EXTENSION,Transport Corporation of America,Inc.for Transport America Headquarters Addition n C. FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION,Pulte Homes of MN,Inc.for Prr Oakbrooke�3 D. FINAL PLAT,Dart Transit for Gopher Eagan Industrial Park No.16 E. PROJECT 740,receive feasibility report/schedule public hearing,Silver Bell Rd. (Hwy 13 to Kennebec-Reconstruction) P �b F. PROJECT 764,receive feasibility report/schedule public hearing(Selmark,Harvey,Burrview Acres-Street Rehabilitation Overlay) / l'7 G. FINAL PLAT extension,Eaganwoods Office Park 2nd,Buffets,Inc. P�� H. SCHWANZ LAKE fishing pier grant,DNR a I. LICENSE renewals for Ciardelli Tree&Landscaping,The Tree Stump Company,Henning Rhode &Associates and AAA Lawn Service J. TOBACCO license for Tobacco Pride located at 1960 Cliff Lake Road p3 K. PROJECT 768,authorize right of way acquisition,Ring Road Alignment(Northwood Pkwy.) c L. TRAFFIC control signal,approve agreement with Mn/DOT(Diffley Road&TH 3) VII. OLD BUSINESS(ORCHID) A. PROJECT 745,Blue Gentian Road-reduce scope of public improvement (/ eZ? B. COMPREHENSIVE GUIDE PLAN Implementation and PRELIMINARY PLANNED DEVELOPMENT AMENDMENT for Easter Lutheran Church P 6� C. RELEASE option-Outlot A,Pinetree Forest(Royal Oaks Realty) VIII. NEW BUSINESS(TAN) p93 A. RESPONSE to Dakota County HRA on the Group for Affordable Housing's application for tax- exempt bonds to finance the acquisition of View Pointe Apartments �� B. CONTRACT 98-24,approve plans/order ad for bids(Blue Water-Street&Utility Improvements) f� Q 7j C. PRELIMINARY SUBDIVISION-Keith Hittner(Hittner Addition),of approximately 4.84 acres consisting of an existing home and creating four more lots and a VARIANCE to create lots without public street frontage,located on the southeast corner of Nicols Road and Pin Oak Road in the NE 1/4 of Section 31 104 D. PRELIMINARY SUBDIVISION-Amoco Oil Company(Amoco Second Addition)of five existing lots into two lots legally described as Lots 14-18,Block 5,Eagandale Center Industrial Park No.3, ` located on Neil Armstrong Boulevard in the Nati'1/4 of Section 11 IX. LEGISLATIVF,/INTERGOVERNMENTAL AFFAIRS UPDATE(GREY) X. ADMINISTRATIVE AGENDA(GREEN) XI. VISITORS TO BE HEARD(for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed,religion,national origin,sex,disability,age,marital status,sexual orientation,or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received,the City of Eagan will attempt to provide such aid. Updated 2/12/99- 9:40 a.m. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan,Minnesota February 2,1999 L A regular meeting of the Eagan City Council was held on Tuesday,February 2, 1999 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Masin,Blomquist,Carlson and Bakken. Also present were City Administrator•.Tom Hedges,Senior Planner Mike Ridley,Director of Public Works Tom Colbert, 4nd City Attorney Jim S1}edon. City Administrator Hedges noted thatltem E O'Yfh'e•toiiseiit Agenda,Final Planned Development and Final Subdivision, Pulte Homes for Oakbroo-1' Ind Item A of Old Business,Project 673R Red Pine Lane Final Assessments would need to be continued arid' ie scheduling of City Council retreats would need to addressed under the Administrative Agenda. Councilmember Masin moved,Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF TH)_::;xANUAIk'Y:j9,1999 REGULAR MEETING Councilmember Carlson moved,COUnc*i1mem1521''Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS Councilmember Masin asked for an update on the status of the request for additional rebroadcasts of City Council meetings. City Administrator Hedges stated that he has met with the appropriate staff to discuss this request and it appears possible to arrange additional playba ...b tt*%s of the meetings. CQiSEl 'AGENDA Councilmember Blomquist moved, Cg4ric`ilktiember:&rlson seconded a motion to separate Items D,E and L from the Consent Agenda. Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to approve the hiring of Lisa Bell and Maria Whiteman as part-time seasonal skating instructors for the civic arena. Item 2. It was recommended to approve the Lliii*1n`k`::of.$teve..P�.kstra and Burt Nicholas as part-time seasonal supervisors at the civic arena. Item 3. It was recommended to approve the.hiring of Aaron Wheeler and Daniel Zeroth as part-time seasonal warming house attendants. B. Extension for recording the final subdivisidii'''t'arRtii eines Schmitt for Deer Rest Pond Addition It i�kk was recommended to approve a 60-day extension for recording the final plat for Deer Rest Pond,consisting of four lots on 2.86 acres located between James Court and Rusten Road in the SW 1/4 of Section 31. C. Extension for recording the final plat Mini/USA•B tixibe_s for Town Centre 70 Twenty Second Addition It was recommended to approve a 60-day extensf¢ra'k :xeci the final plat for Town Centre 70 Twenty-Second Addition,consistisi 'of one lot on 4.4�4tres located west of Denmark Avenue north of Duckwood Drive in the NW 1/4 of Section 1 ,•;, D. Negative declaration on the need for ari' #�a::fckFio ;P,4V This item was pulled from the consent agenda upon motion by Councilmember Blitir gt'isst; i Eagan Cite Council meeting minutes;February 2,1999 Page 2 E. Final Planned Development and Final Subdivision,Pulte Homes for Oakbrooke. This item was pulled from the consent agenda upon motion by Councilmember Blomquist,seconded by Councilmember Carlson. Aye: 5 Nay: 0 F. Recommendation,Airport Relations Commission to submit letter to the MAC regarding test cell operations. It was recommended to approve a letter from to the Metropolitan Airports Commission regarding operation of the Nort#iFacility. G. Contract 98-10, approve final payment(TMhas Lake-Outlet Structure). It was recommended to approve the final payment for Contract 98-10(Thomas Lake-Outlet Structure)in the amount of$7,888.20 to Barbarossa and Sons,Inc.,and accept the improvement for perpetual City maintenance subject to warranty provisions. H. Assignment of responsibility,Semper Development,Ltd. It was recommended to approve the Assignment of Semper Development Ltd.rights under the lelopment Contract to Reliance Development Company LLP. I. Parade permit application for Eagan Con�p tion&Visitors Bureau for St. Patrick's Day parade. It was recommended to approve a parade permit f&.ihe EaOh';Convention &Visitors Bureau to hold the Eagan Go Bragh Irish parade on Nicols Road (north of;Diff]eY):to:Cedarvale Drive(Cedarvale Shopping Center). J. Exemption from lawful gambling license,Metro%Twin Torris'Ch'a'pter National Wild Turkey Federation,to conduct a raffle on March 20,1999 at the Royal Cliff Banquet facility. It was recommended to grant an exemption from the lawful gambling license requirement for the Metro/Twin Toms Chapter of the National Wild Turkey Federation for a raffle to be conducted at the Royal Cliff Banquet facility on March 20,1999. K. Commercial fertilizer license renewal for TruGreen/C wnSl�"$nd Tree contractor license renewal for Roggenbuck Tree Service. It was recommended to:al2ove: ie 1999 renewals for a commercial fertilizer license for TruGreen/Chemlawn and a tree contractor'..ceiisc-'fo'r Ro genbuck Tree Service as presented. L. Service station license and tobacco license fvr' &$ari.l�•tnoco located at 4205 Nicols Road. This item was pulled from the consent agenda upon motion by Councilmen-t-e ; lcssi3t uist,seconded by Councilmember Carlson. Aye: 5 Nay: 0 Councilmember Blomquist moved,Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Mayor Awada acknowledged the three•items that were separated by motion from the consent agenda. In regard to Item D,Negative declaration on: k ed'fo'r•an E.I.S. for Oakbrooke E.A.W.,Councilmember Blomquist indicated she would be abstainii4' 'n this itOW Councilmember Masin questioned if the wildlife habitat would be maintained. Senior Planrwc•Ridley stated that the proposed development will maintain a large portion of the site in its natural state and isSLisiSteTlt,?+`it the City's Tree Preservation Ordinance and wetland conservation requirements. Mayor Awada moved,Councilmember Carlson seconded a motion to approve a Resolution regarding a Negative Declaration on the need for an Environmental Impact Statement for the Oakbrooke residential development. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) In regard to Item E,Final Planned De�uel �'e'4ifi: �'� nal Subdivision,Pulte Homes for Oakbrooke,it was noted that the executed documents wei7e Sigt available arri .its as necessary to continue this item to a future City Council meeting. Councilmember Bakken moved,Cai?rlcilulemis. !Iast 9zonded a motion to continue the Final Planned Development(rezoning) of a 117 acre site t4��M:G * ti:oi i£tl< oad and east of I-35E (generally in the south half of Section 21)from A,Agricultural and RB,Roadside Business to PD,Planned Development and the Final Subdivision creating 79 single family detached dwelling units and 8 outlots upon a 117 acres site located north of Diffley Road and east of I-35E(generally in the south half of Section 21). Aye: 5 Nay: 0 Eagan City Council meeting minutes;February 2,1999 Page 3 In regard to Item L,Service station license and tobacco license for Eagan Amoco located at 4205 Nicols Road, Councilmember Masin mentioned that:here is a Sinclair service station in Burnsville that does not sell cigarettes out of public concern and commerit-how admirable that is. Councilmember Carlson moved,Cott c t x;�s!haft:s.,qzonded a motion to approve a service station license and tobacco sales license for Eagan A iio Q(#o i y a fi# 1's Amoco)located at 4205 Nicols Road. Ave: 5 Nay: 0 AIJU NISTRATIVE AGENDA City Administrator Hedges noted that all the items included in the Administrative Agenda are informative only. He mentioned that the Silver Anniversary calendar has been completed,pending a few minor changes. He commended the History ComMittee,West Group,Dakota Electric,Royal Oak Press,the Eagan Convention&Visitors Bureau and Commuilit tions Co#dinator Joanna Foote for their collaboration on this project. Councilmember Blomquist stated that.the.History Committee will be putting together a poster that will include items commemorating Eagan's 25th$ive :: ttvt8 . :.:,;..,..: Councilmember Masin commented on the Silver Citizen Reception that was held at Jensen's Supper Club. She noted that Tony Caponi was chosen as the Silver Citizen, Wenzel Heating&Air Conditioning was chosen as the Silver Company and the League of Women Voters was chosen as the Silver Civic Organization. City Administrator Hedges referenced the Cascade,.Bn-*:A.gUatic Facility brochure that was provided to the City Council and stated that copies will be sent t,o;� �J<rtS3di iii'with the next newsletter. He added that slightly less than 500 season passes have bee0t dMe. Thi?thanked staff for their work on the brochure. City Administrator Hedges referenced:i.l�:"eYii�eting schedule that was prepared for the City Council identifying upcoming meetings and events. Counciliime'iii)? rs: geed to schedule two retreats for February 16 beginning at 4:00 p.m. and for March 4 beginning at 4:30 p'Jff-: did that in regard to Council standing committees,additional information on suggested programs will be prepared. Senior Planner Ridley gave an update on the Comprehensive Guide Plan open houses that were held at Pilot Knob Elementary and the Municipal Center. LEGISLATIVE; �t?�OyR1f1lENTAL AFFAIRS City Administrator Hedges stated iat Goverr�ti :IJentura is talking about phasing out LGA and HACA in the year 2003. He added that staff will morAtgir the sitL�on. PROJECT 755,MEADOWLAND 1sT ADDITION (REHABILITATION OVERLAY) City Administrator Hedges provided an overview on this item. Development/Design Engineer Gorder gave a staff report. Councilmember Masin moved,Coutti#siiember Car'jscigeconded a motion to open the public hearing and approve Project 755 (Meadowland 1st Addition-Street Ovofiiy)and authorize the preparation of detailed final plans and specifications. There being no one wishing to speK92�tit::lye7t+ ec1 the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Eagan City Council meeting minutes;Februan•2,1999 Page 4 PROJECT 756,WOODGATE 3RD, (TIBERON ADDITIONS-REHABILITATION OVERLAY) City Administrator Hedges provided:•an overview on this item. Development/Design Engineer Gorder gave a.staff report. Councilmember Carlson moved,Coitlu2tiJie> onded a motion to open the public hearing and approve Project 756 (Woodgate 3rd,TibeYv�fta1J&rit: kd Additions-Street Overlay)and authorize the preparation of detailed plans and specifigekons. There being no one wishing to speak;Mayor Awada closed the public hearing. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT. 753,THOMAS LAKE ROAD (CLIFF ROAD TO DIO'EY ROAD-REHABILITATION OVERLAY) City Administrator Hedges provides ;an oveon this item. Development/Design Engineer Gorder gave a staff report. ... Councilmember Carlson moved,Co uncilriieiribe't'Iv2asiti 5iKbnded a motion to open the public hearing and approve Project 753 (Thomas Lake Road-Street Overlay) and authorize the preparation of detailed plans and specifications. Rich Rovang,4226 Boulder Ridge Point, stated that he doe5.not have a problem with the City's street assessment policy and is in support of the project. He askg4;.w;#j;::t#ie townhouses in Boulder Ridge were being assessed when the residents already have to pay t .:m� j ai i eir•own private streets and further questioned why the homes on Wexford Way were not being.-Ak$s's'et1 Director of Public Works Colbert expl&ih'.....the assessment policy is designed so that all properties accessing any public street are assessed. Mayor Awadd;4iij.�cF: ►� the City Council considers internal private streets comparable to driveways. There being no one else wishing to speak, Mayor Awada closed the public hearing. Councilmember Masin noted that any changes to the assessment policy by the Council will not impact the project schedule. A vote was taken on the motion. E} ay-- Blomquist Blomquist opposed) OLD;R1;SINESS PROJECT 6739;:9W':�#3--- At # L.. ASSESSMENTS (PARCEL•#10=0560ii- f;=�,OBERG) Councilmember Carlson moved,Councilmember Bakken seconded a motion to continue the proposed Final Assessment Roll for Project 673R(Red Pine Lane-Streets and Utilities)as it pertains to Parcel 10-03600-021- 79 to the March 2,1999 City Council meeting. Ayq::;:5:::) 12►y.:.::0 :,NEW BUSYj�IS COMPREHENSIVE.-GUIDE PLAN AMENDMENT-KAMI,INC. City Administrator Hedges provic(*i aN"i(ivi~)*it{i'Ori€}tiff:item. Senior Planner Ridley gave a staff report. Councilmember Carlson moved,Councilmember Bakken seconded a motion to approve a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of a 4.4 acre Eagan City Council meeting minutes;February 2,1999 Page 5 parcel of land located north of Yankee Doodle Road and east of Coachman Road from Neighborhood Business (NB)to Limited Business (LB). Aye: 5 Nay: 0 ROUND TABLE Councilmember Masin referenced a parking complaint on Gold Trail. Director of Public Works Colbert noted that4*klW��sweeping operations,signage will be posted regarding temporary parking restrictions in jvme areas where continuous onstreet parking is evident. He further noted that residents may contact the Police Deportment to report violations of the City's odd-even winter parking restrictions or parking too close to a stop sig-ft. Councilmember Carlson provided a handout to Councilmembers requesting they prepare questions they may have in regard to the City's assessment policy prior to the February 9 work session. Mayor Awada suggested that questions be submitted to staff:t!y Friday,February 5. Councilmember Masin asked if it w6*�D-i-I be posj��le to use the cable equipment from the Council Chambers in the Community Room followmi i�stallati,Qzi*f;*of new equipment in the Chambers. City Administrator Hedges stated that updates are proposed to be m44lQ.to.&Council Chambers in the next three to six months and staff believes that some of the cameras can be:reateitQie lAtitunity Room and possibly the Fire Administration Training Room. ... ADJOURNMENT The meeting adjourned at 7:40 p.m. to an Executive Session.to consider condemnation proceedings in regard to Projects 745 and 746. Present were Mayor Awada.apd.-iC... .... ......otincilmembers Masin,Blomquist,Carlson, Bakken,City Administrator Tom Hedges,Director.of.-?4b W:::.OikTom Colbert,and City Attorney Jim Sheldon. MLK Date City Clerk If you need these minutes in an alternative form such as large print,Braille,audio tape,etc.,please contact the City of Eagan, 3830 Pilot Knob Road,Eagan,MN 55122, (651)681-4600, (TDD phone: (651)454-8535). The City of Eagan is committed to the policy that elli avf�PA r�s :V.Ots* h GZ:ess to its programs,services,activities,facilities and employment without regard to race,color, gin,sex,disability,age,sexual orientation,marital status or status with regard to public assistance..* X -X. zL ,a-�- MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 12, 1999 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 16, 1999 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the February 16, 1999 City Council agenda and the minutes of the February 2, 1999 regular City Council meeting, the following items are in order for consideration. Agenda Information Memo February 16, 1999 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF ADVISORY COMMISSION MEMBERS' SERVICE ACTION TO BE CONSIDERED: To acknowledge outgoing commission members' service to the City of Eagan's advisory boards and commissions and to present certificates of appreciation. FACTS: • The following outgoing commission members were invited to attend the February 16, 1999 City Council meeting: Airport Relations Commission —Doug Pewowaruk, Jane Vanderpoel Advisory Planning Commission — Steven Burdorf Advisory Parks Commission —Jerry Farlee, Michael Vincent Economic Development Commission —Dave Vogt Solid Waste Abatement Commission —Dan Breva Individuals were not asked to RSVP; therefore, it is not certain how many will be in attendance at Tuesday's meeting. In the event an outgoing member is not present, the certificate will be mailed. Agenda Information Memo February 16, 1999 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. CEDARVALE AREA STUDY—TASK FORCE CREATION ACTION TO BE CONSIDERED: • Provide direction to staff regarding the creation of a task force as described in the accompanying memorandum. • Appoint two members to serve on the task force ATTACHMENTS: (1) February 12, 1999 Memorandum from City Administrator, pages through a� MEMO city of eagan TO: MAYOR& CITY COUNCILMEMBERS FROM: TOM HEDGES, CITY ADMINISTRATOR DATE: FEBRUARY 12, 1999 SUBJECT: CREATION OF TASK FORCE CEDARVALE AREA STUDY On February 3, 1999, Asst. City Administrator Jamie Verbrugge, Sr. Planner Mike Ridley, Plalming Consultant Greg Ingraham, and I, met with SRF study consultants Patrick Peters and John Larson to discuss the schedule for the Cedarvale Area Redevelopment Study and the need for a task force to help direct the study. The proposed composition and function of the task force is modeled after the Central Area Task Force created to assist in the direction of the development of the City's Central Area. Given this model, the Cedarvale task force would be comprised of area residents, business owners, City advisory commission representatives, and City Councilmembers. The intent of the task force is to guide the efforts of City staff and consultants and to act as representatives of the area and the City as a whole. The study schedule anticipates five to six meetings to be held in the next five months, the first being on Tuesday, March 2, 1999 at 4:30 p.m. until 6:00 p.m. in the Community Room. As with the Central Area Task Force, it is important to have a designated chairperson to direct meetings and lead discussions. Since the Economic Development Commission (EDC) has taken a leadership role in the study, it may be appropriate that a member of this Commission be chosen to serve as chair. Past practice has been that the City Council and each of the Commissions appoint their own representatives to the task force. Due to interest in the area and past activities as neighborhood spokespeople, the Council may wish to direct staff to contact Steve Wallick and Betty Bassett to fill two resident member positions. The task force can then decide on how the other three resident member positions should be recruited and filled. An ideal task force would consist of 16-20 members to insure broad representation and allow everyone to participate. Additional participation opportunities are built into the study process. A neighborhood-wide town meeting, 1:1 focus group meetings, half-day workshop, and a public open house meeting, will supplement the task force meetings. C;-) rs The proposed composition of the Cedarvale Area Study Task Force is as follows: • two City Councihnembers • two Economic Development Conunission members • two Advisory Planning Commission members • two Advisory Parks Commission members • five Cedarvale Special Service District Area members • five area residents Action to be considered: • Direct staff on the creation of a task force • Appoint two City Councilmembers to serve on the task force i City Administrator TLH/j s CV21 Agenda Information Memo February 16, 1999 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. PERSONNEL ITEMS Item 1. Promotion/Detective-- ACTION TO BE CONSIDERED: To approve the promotion of Patrol Officer Dan Mason to Crimes Against Persons' Detective. Item 2. Part-time Seasonal Warming House Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Christopher Colbert and Jessamine Kruzitski as part-time seasonal Nvarming house attendants. Item 3. Part-time Seasonal Rink Rat Hockey Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of John Nowariak as a part-time seasonal Rink Rats hockey instructor. Item 4. Personnel Policy Revision-- ACTION TO BE CONSIDERED: To approve revising Section 10.1 regarding working hours and overtime pay by adding the following underlined language: "for all non-exempt employees as defined by the Fair Labor Standards Act (FLSAI, except those non-exempt emplo ees specifically exempted from overtime provisions under the FLSA, 40 hours shall constitute a normal working week and all hours worked in excess of 40 hours per week shall be referred to as 'overtime."' FACTS: • Seasonal employees working for outdoor aquatic facilities, such as Cascade Bay, are exempted from overtime provisions under the Fair Labor Standards Act. • Therefore, it is necessary to revise the City's Personnel Policy to reflect this exemption. Agenda Information Memo February 16, 1999 Eagan City Council Meeting B. EXTENSION FOR RECORDING FINAL SUBDIVISION FRAUENSHUH COMPANIES FOR TRANSPORT AMERICA HEADQUARTERS ADDITION ACTION TO BE CONSIDERED: To approve a 60 day extension of the recording requirement for the Transport America Headquarters Addition(located north of Yankee Doodle Road and east of Highway 13 in the SE '/4 of Section 8). FACTS: ➢ The Transport America Final Planned Development was approved by Council action on December 15, 1998. ➢ The terms of Final Planned Development approval stipulate that the subject property must be platted and subsequently recorded by February 15, 1999. The requested extension is necessary due to the timing of expectant Dakota County and MnDot approvals. ➢ Approval of the requested 60 day extension would establish a plat recording deadline of April 15, 1999. ATTACHMENTS: (1) ➢ John V. Chaffee correspondence dated 1/28/99, page S, January 28, 1999 h FAXED TO: 651-681-4612 ENGINEERING Mr. Bob Kermis CORPORATION City of Eagan Planning Department 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: Transport America Headquarters Addition TH 13 and Yankee Doodle Road Dear Mr. Kermis, We would like to request a 60-day extension of the plat approval on the above site, which would extend the time for recording the plat to April 15, 1999. Consulting Engineers It will not be possible to record the plat by February 15 due to the expected timing of Land Surveyors County and MnDOT approvals. Thank you for your consideration of this request. Please feel free to call if you have questions. Yours, CLARK ENGINEERING CORPORATION John V. Chaffee, L. Equal Opportunity cc: John Donnelly, Frauenshuh Companies Employer Michael Margulies, Esq. Steve Maurelli, RSP Architects 621 Lilac Drive North Minneapolis,MN 55422 Soo Phone (612)545-9196 Fort Myers Aberdeen Sioux Falls Rapid City Fax (612) 541-0056 Florida South Dakota South Dakota South Dakota Agenda Information Memo February 16, 1999 Eagan City Council Meeting C. FINAL PD & FINAL SUBDIVISION (OAKBROOKE) —PULTE HOMES OF MINNESOTA, INC. l ACTION TO BE CONSIDERED: ➢ To approve a Final Planned Development (rezoning) of a 117 acre site located north of Diffley Road and east of 1-3 5E (generally in the south half of Section 21) from A, Agricultural and RB, Roadside Business to PD, Planned Development. ➢ To approve a Final Subdivision creating 79 single family detached dwelling units and 8 outlots upon a 117 acre site located north of Diffley Road and east of I-35E (generally in the south half of Section 21). FACTS: ➢ At their regular meeting on August 4, 1998, the City Council approved the Preliminary Subdivision (and related Final Planned Development) which called for the creation of 313 single family detached dwelling units upon the entire 117 acre site. ➢ The scope of the project required the preparation of a mandatory Environmental Assessment Worksheet (EAW). The comment period for the EAW ended January 13, 1999. On February 2, 1999, the City Council made a negative declaration on the need for an Environmental Impact Statement. ➢ Approval of the Final Planned Development shall be subject to the execution of a Final Planned Development Agreement. ATTACHMENTS: Final Subdivision drawings, pages 2 through44-2—. 6 'p it � _.._-----��,- 9+utT°too;D�}• � 1\\\�� T.n_ /'� � ��$ �< e•G•t:D�••��t•p, x gr r'°r rr ____ o'_t u..s `_�'. I aA�� U _ .� �� ,3'Pv�..A•ae<�¢ .�� v_ s�.a: _ �iR 8 v 81 � �� -c •� �. 'i i�8 r'•',�.c..��',Y'sYKra^� $•A�e `\� �.6 N &1 � :8 � 8 1 i��'Q/•�0�-f'�� r __=xr'-_ b:?=`1 "•K.zs.lcr\ __� el �-Kµ.m=per-el � y � /�,6 ✓.a ,'P , a:riar _ =�,°'\ / >i ra^t ,�• s l.ar r �•tt%C� < e.a"l T—Cr°ri. 'r � .t../ t.^:� `t 00 ./j0� ;y g�\ .> \� �`^\\ �•! c�-� .. d Rif irc.�.zt-v _ --$; � � `. r�Gp�\ '\�-'%e'•v ��\4r +'^� bio 8 i6.i� �y= '.'i -wr — ^1 .�.,a. rr, ��`°i`'•w. °C, a .z..,r pp R/ 2 ijr° �•+i�t..e I '-� \ Oy•t°.s°�.o• C__or_o__ y:..K_ca� i8�, Z-�0 ', st °r a '� —_ ,:.p ity1. cR9r l•b,KLC09 $; \ <�•� d ••c`^�fir.yr K,9 "w =_ > I ....... ......... n �11 ..\ •r0 r;°'.> \�� r�''R is � - "\..� a.p r,•°z, '�� — I vrce F7.R nv:c —_ —— ^ -jr to AA HOf 8 all r (g o.° rssz�ses 4 :; 'z¢ "\..,�' I y Y a 8'>a"ax'..�a.w�gA;,` `e:^^ >,i i�•r °�+a:-� �o o _ - _ �', S g \ � f,s tan ZeGb. / ^• b�rr,J .Gf' -5,"' i _ i .: /a i 'a°z'a s 3 .h• +9 s\/ o jv'.d,.\Y`5 +, v y,s• Sp.x.a - ar +.sts.ss iw.: :,'4 •''r Q•• dw•.. O �3'� M \. ! 3•s �� zs s xx 4 C ,��r, �c� .'t o°e �• �8 °. X Y°r�l:1. i d�� z e I S ¢ S .g�:fg�A r3 i ''�d a �'lrr � 1 •Q s..:�a s'sse° I - co !2r-, °zQ p 'pT Ay /9•� _ `'6.. fi j �� e',qR p\ei�.�. �x i�`a�s s��?°'c -t.aE / -•f/�5'�'� 6 eys' �V_ _ , I ... "•°+::..e`,r� i > ass'cc'° $RpOhi;;� �.,acC+ `e'C\j '�' see of, .scs e 8 t zz LLJA 6 �'R p'K�,� '� S •Q r. a-- s 11 8 = —T. sYt. tea. 'w•—.•Il ^i \ K.��:LC. yy 3 0�S a•s� — � 0°c.c r •�'_` _.— —..o.-er es,err'.o�,��m tevr.va .. _ ..—..—..— — I ml•[i.Y..Kt L 7 ��s 3_3«t s�C2i2 c` +a;Vie. ....... .•. �� 3^ :5's'= a � N ' '��Z\ ,�< ..''� Vii;, °`w, ,s �, n•°r. - � 8 42;, rs �� rc �,�' \\ :..4 a l� -,.;a; �-C'�`cf., . '•f. \., Zoe 2 '^t�r•r�•\`f�� \ '�e••oso ��,f�t�y 2, '�, � o dj,�CQ' �� `�� .,,a a , 1 �� W i © •+ b' Tt ''f .°r /d' / y;,`,,�`°@• ``>.i `�\ meg:' 3 •4.f \ .#'eP @y Y;y:s e-j.�i`�a''g :'' \''' 'e'y`r Z\` •^�,�v '� ,b� ^� '0r,• •'•e '4 moi' 9�n y��' \4 �: i \ V .�v �'o. ,_ p © � � '=rr+'b• � J f.aydg „� a \g A\ A,� -Iµ/4., ` $'af r3 gib.�,�'�,��'� /J 9yya�e,ki•g•.hf•�� :�ro\. \\\ p y\\\deb 3y;\\..��,.>.°jv j j �•s ��fw TI'� Q3qr Ov .� Cn 2 �•f N _n! trr( .�f•��,B Q� q D ,q� i/�� J. -- °` � ,>'\ __ _ EBF M1�'o Ni�iZC.K...S� •� �^.� �� `S�.°�tics%i .$9 ir^ 1 '\ MIt fl. Oe W •d�'r�9 s6.a^•^Lo- �� Or ♦ "t •\e^�,c»�,o-r�°g',gr� � f �' I Ne .tis'•~ od {rf$ ,� 3; a 'z -c 3.�_ i �'f4f'' "�• as -�-rg°• '��e 'oar• .g@ \ 4``"^ f 5 „b L �.;' -_ :� � • f� �So'O,'a�;:=d'bf�°�•�rf�•,'°fb "Qr \•A�—�..� S e 3 -__'�z�= �� @•+yr,�•�'��.. god• <g:f,° '°fb�.' / r ��-.� E o §_:5S f:r: Al ------------- ---------- LLJ ccS II k"Ig 3...ErAm 7 Sfe-7, 149 ts wu -7- §4 -------------- -------------- -------------- ---------- uj i fit ^E g eYVi.. Ey_1 i- 5 i ms^'E fir ?�'-- - `2 i l c y c a �<,•„ W • akt� ••.s..a 2 Lyr.¢m•,o .S w. , sr'°r"� Y°J»�,�� e 9-1 £L nh J' TT3 r st 7�11 / p• / W © ... fir''% -r '�., •\\\ z mi W i Nq'o �fi iS•.1 �r C•; g I O _ o •4. n Y O 2 2 W = ZP _ _ --J� ------- .� K'OZ. t:2 v — I W yw y L e.e t e.cfM,f.G• � � I ` L is -s>:: �\•, N ry' . ^ a >e 1I1111 r•a,.,r.ww • '.9` ' �G '.c .. �E' E-'o. y .. \l, ��•1.a,.,JO.sr, k a oaa I. / R ��---- ,yateh Line 6 C C` Agenda Information Memo February 16, 1999 Eagan City Council Meeting D. FINAL PLAT (EAGANDALE CENTER INDUSTRIAL PARK NO 16)— DART TRANSIT COMPANY ACTION TO BE CONSIDERED: To approve a Final Plat (Eagandale Center Industrial Park No. 16) that will replat fourteen individual parcels of land into three lots which correspond to the structures and uses that occupy the property located south of Lone Oak Road and west of T.H. 149 in the NE I/4 of Section 11 and the NW 1/4 of Section 12. FACTS: • At the regular meeting on July 7, 1998, the City Council approved a Conditional Use Permit to allow the establishment of a 12,456 square foot tractor repair and sales facility upon that portion of the subject property located west of TH 149 and north of Stark's Restauarant subject to the conditions listed in the APC minutes. • The conditions of Conditional Use permit approval required the "Dart property"to be replatted into either a single lot of record or individual parcels that correspond to the structures and uses that occupy the land. ATTACHMENTS (1): Final Plat drawing, page 13 i I s i o I ■ s a s ' I Y• c� O r ✓� rJ � O ;•� J� /�' IIC `J J `i iiin i 405, Szeo it e �1r�v • i� I exs � �� d: I it �L� }' � /��C;:] 1 '�`' i frc`� � , F_ serr.�re vsn�` ��CI�r-ik/P-•^�i'.�'%'r�•. �rJ�r 1 ♦� I„C� D ic.a�i� .. Lam, I � - � S i '�\�..� N , I �� ' • �C� ♦ r is Wa W'.2-Qu C,< <� C� '"�:" `�• ��r,t" a�,/,,J" c�. I C. �, `^ �j I=(� I j, ,,+fir "w`• r ii.;— I --- I ..J X�- I ;•, "� ^_ is h i� I I 0-1 I FINAL PLAT I Agenda Information Memo February 16, 1999 E. PROJECT 740, SILVER BELL ROAD STREET RECONSTRUCTION ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 740 (Silver Bell Road— Street Reconstruction) and schedule a public hearing to be held on March 16, 1999. FACTS: • On March 17, 1998, the City Council directed staff to prepare a feasibility report considering street rehabilitation improvements for Silver Bell Road from TH 13 to Kennebec Drive. • This street provides access to commercial and industrial properties northeast of the interchange of TH 77 and TH 13. • The reconstructing of Silver Bell Road was programmed for 1998 in the City of Eagan's 5- Year CIP (1998-2002). • On April 21, 1998, the City Council canceled the feasibility report for Project 740 due to the significant cost of the proposed improvements and staff's recommendation that preparatory maintenance should extend the usefulness of the existing street and the value of the initial investment. • Further inspection by staff in the summer of 1998 indicated that preparatory maintenance would not be an effective use of public funds. • A draft feasibility report has been completed consisting of the reconstruction of the bituminous street section and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the property owners prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS: • Draft Feasibility Report, enclosed without page numbers. Agenda Information Memo February 16, 1999 F PROJECT 764,SELMARK HARVEY, BURRVIEW ACRES STREET OVERLAY ACTION TO BE CONSIDERED: To receive the draft feasibility report for Project 764 (Selmark, Harvey, Burrview Acres - Street Overlay) and schedule a public hearing to be held on March 16, 1999. FACTS: • On October 20, 1998, the City Council directed staff to prepare a feasibility report considering street rehabilitation improvements within the Selmark, Harvey, Burrview Acres neighborhood. • The neighborhood includes Chapel Lane, Random Road, Rita Court, Sally Circle, Roll Lane, and Wren Lane, all southeast of the south intersection of TH 149 (Dodd Road) and TH 55. • The reconstructing of the streets within the Selmark, Harvey, Burrview Acres Additions is programmed for 1999 in the City of Eagan's 5-Year CIP (1998-2002). • This feasibility report has been completed and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. • An informational neighborhood meeting will be held with the residents prior to the Public Hearing to review and discuss the proposed improvements. ATTACHMENTS • Draft Feasibility Report, enclosed without page number. Agenda Information Memo February 16, 1999 Eagan City Council Meeting G. EXTENSION FOR RECORDING FINAL SUBDIVISION OCB REALTY, INC. FOR EAGAN WOODS OFFICE PARK 2nD ADDITION ACTION TO BE CONSIDERED: To approve a 90 day extension of the recording requirement for the Eagan Woods Office Park 2nd Addition (located west of Pilot Knob Road and east of Lost Spur Country Club in the NE 1/4 of Section 4). FACTS: ➢ The Eagan Woods Office Park 2nd Addition Final Planned Development and Final Subdivision were approved by Council action on September 14, 1998. ➢ At their regular meeting on November 17, 1998, the City Council approved a 90 day extension that established a plat recording deadline of February 12, 1999. ➢ According to the applicant, the requested extension is necessary to resolve some ambiguities in a document filed by MnDot related to the Pilot Knob right-of-way. Such ambiguities cannot be processed prior to the currently established February 12, 1999 plat recording deadline. ATTACHMENTS: (1) ➢ Paul S. Moe correspondence dated 2/8/99, pages/9through_ 6123363022 FROM FAEGRE & BENSON (MON) 2. 2' 99 17: 04.'ST. 16 :57/NO. 4562056476 P 2 FAEGRE & BENSON LLP 2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA 55402.3901 TELEPHONE 612-336.3000 PALS.S.Moll FACSIMILE 612-336-3026 612/336.3334 February 8, 1999 VIA TELECOPY AND U.S. MAIL Mr. Craig Knudsen City of Eagan Engineering Division Public Works Department 3820 Pilot Knob Road Eagan, MN 55122 RE: Request for Extension of Time to File Plat of Eagan Woods Office Park 2nd Addition Dear Craig: As you know, I represent OCB Realty, Inc., which owns land in the City of Eagan that it proposes to replat as "Eagan Woods Office Park 2nd Addition." The plat of this property was approved last fall by the City of Eagan. The deadline for filing the plat is February 12, 1999. For the reasons set forth in this letter, we respectfully request an extension of this plat filing deadline of 30 days, to March 12, 1999. As you know, a number of easements for right-of-way purposes and for drainage and utility purposes have been vacated in connection with the filing of the plat. More recently, the surveyor has identified an ambiguity in a document filed by the State Department of Transportation. The current hurdle is to convince the Dakota County Registrar of Titles that the proposed plat will not adversely affect title to certain land beneath the Pilot Knob Road right-of-way. I expect that this matter can be straightened out quickly with the assistance of James O'Connell, the Dakota County Examiner of Titles. To make sure that we have ample time to resolve this issue, however, we would like to receive an additional thirty-day extension to file the plat. Minneapolis Denver Des Moines London Frankfurt 6123363022 FROM FAEGRE & BENSON (MON) 2. S' 99 17: 04/ST. 16 :57/NO. 4862056478 P 3 February 8, 1999 Page 2 If you have any questions regarding this request, please give me a call. Thank you for your continued assistance. S' cerely, Paul S. Moe PSM:coodm cc: Damon Fraser Mark Schultz Ric Williams Ml:43438201 l9 H. SCHWANZ LAKE FISHING PIER AGREEMENT ACTION TO BE CONSIDERED: • To approve a cooperative agreement with the Minnesota Department of Natural Resources (DNR) for the provision of a fishing pier for Schwanz Lake and to authorize signature by the Mayor and City Clerk. FACTS: • Schwan Lake is a popular local fishing lake accessible from Trapp Farm Park. • The DNR has managed the lake as a"children's fishing pond," stocking it with catchable size panfish and bass. • The City made application to the DNR for a fishing pier through the Cooperative Water Recreation Grant Program. • The City has been notified that the application for the fishing pier has been approved. • The DNR will provide and assist with the installation of the pier in Trapp Farm Park on a foundation provided by the City. • Repairs and maintenance of the pier are the shared responsibility of the DNR and City. Each party will be responsible and liable for its own actions and the results thereof. • The design of the pier allows for full accessibility. The City will install a hard surface pathway to the pier ramp. • The required local match of$1,000 will be met through a $1,000 donation from the Apple Valley American Legion in cooperation with the In-Fisherman Club. • The agreement may remain in force for a term of up to 20 years—unless otherwise amended or extended by either party. • A similar fishing pier located on Fish Lake has proven to be very popular. ATTACHMENTS: None IA41b\schwanz agree 036 6_9 6) Agenda Information Memo February 16, 1999 Eagan City Council Meeting I. LICENSE RENEWALS FOR CIARDELLI TREE & LANDSCAPING, THE TREE STUMP COMPANY HENNING RHODE & ASSOCIATES AND AAA LAWN SERVICE ACTION TO BE CONSIDERED: To approve the 1999 renewals for Ciardelli Tree & Landscaping, the Tree Stump Company and Henning Rhode & Associates for tree contractor licenses and AAA Lawn Service for a commercial fertilizer license as presented. FACTS: • The City is in receipt of license applications from the above mentioned companies. • The applications have been reviewed by staff and are in order for consideration by the Council. Agenda Information Memo February 16, 1999 Eagan City Council Meeting J. TOBACCO LICENSE —TOBACCO PRIDE LOCATED AT 1960 CLIFF LAKE ROAD ACTION TO BE CONSIDERED: To approve a tobacco sales license for Tobacco Pride located at 1960 Cliff Lake Road. FACTS: • The City is in receipt of a tobacco license application from Laila Wazwaz for the above referenced location. The application has been reviewed by staff and is in order for approval by the City Council. ATTACHMENTS: • Application enclosed without page number. C�Q Agenda Information Memo February 16, 1999 Eagan City Council Meeting K. PROJECT 768, NORTHWOOD PKWY RING ROAD RIGHT OF WAY ACTION TO BE CONSIDERED: Authorize the acquisition of right-of-way for Project 768 (Northwood Parkway - Ring Road Extension). FACTS: • On June 16, the City Council held a Public Hearing to consider adopting an Official Map for the alignment for the extension of Norhtwood Parkway from 35E to Pilot Knob Road to preserve the needed right-of-way. The affected property owner of the Glen Pond Apartment complex objected to the proposed alignment and its negative impact on their expansion plans. Subsequently, the Council continued the Official Map process and directed staff to meet with all affected property owners to discuss and evaluate alternative alignments. • In the following months, as a result of several "neighborhood" meetings, an option was identified that would allow both the City to define its original alignment and accommodate the property owner's development proposal. This option involves the acquisition of surplus property from MnDOT adjacent to 35E and combining it with the proposed vacated right-of-way of Marice Dr. between Highsite Dr. and the new alignment of the Northwood Pkwy. extension. • MnDOT's process for the transfer of this excess right-of-way would take approximately 6 months. It could be shortened if the City performed the required appraisals and submitted the information with an official request. ATTACHMENTS: • Map,page cc �3 t - �w Agenda Information Memo February 16, 1999 L. TRAFFIC CONTROL SIGNAL DIFFLEY ROAD & T.H. 3 ACTION TO BE CONSIDERED: To approve the agreement with the Minnesota Department of Transportation for a traffic control signal (Diffley Road and T.H. 3) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Inver Grove Heights has approved a preliminary subdivision for a mixed-use commercial/residential development (Jubilation Addition) located on the east side of T.H. 3 at the intersection of Diffley Road (County Road 30). • As part of the development conditions, improvements have been constructed to T.H. 3, including a traffic control signal at the intersection with Diffley Road. • Since the traffic control signal is on the border of the cities of Eagan and Inver Grove Heights, and at the intersection of county and state highways, the four agencies will share the responsibilities of the maintenance and operation of the traffic control signal, street lights, EVP system, and signs. • This agreement has been reviewed by the Engineering Division and City Attorney's office and found to be in order for favorable Council action. • The agreement provides for the City of Eagan to pay for 25% of the electrical power costs, standard for most traffic control signals within the city. The associated cost will be the responsibility of the Utility Fund. Agenda Information Memo February 16, 1999 Eagan City Council Meeting OLD BUSINESS A. PROJECT 745, BLUE GENTIAN ROAD REALIGNMENT ACTION TO BE CONSIDERED: Reduce the scope of Project 745 (Blue Gentian Road — Streets & Utilities) by deleting that portion between Blue Water Road and Highway 55, and authorize amending the legal description for right-of-way and easement acquisition AS required by eminent domain condemnation. FACTS: • As a result of a public hearing held on August 18, 1998, the City Council approved Project 745 which provided for the construction of Blue Gentian Road with related utilities along a new alignment south and east of the current gravel road segment of Blue Gentian Road. With that approval, the Council authorized the acquisition of all easements and rights-of-way through condemnation, if necessary. • Detailed design plans and related public right-of-way and construction easements have been prepared. Negotiations with the affected property owners have been initiated. However, the City has encountered strong opposition from several property owners associated with the right-of-way acquisition for that portion of Blue Gentian Road located between Blue Water Road and Highway 55. The property owners of this vacant land have expressed concerns regarding the apparent disproportionment of taking and the resulting special assessments. They also felt that the taking was premature with no viable development proposals being anticipated in the foreseeable future. • Notice of reducing this project scope was sent to all potentially affected property owners soliciting their comments. The responses received as of Feb. 12 have been summarized and are being forwarded to the Council with this agenda item. • With adequate alternate access being provided from Blue Gentian Circle to Highway 55 via the new Blue Water Road, reducing the scope of the Blue Gentian Road realignment would be prudent at this time. • The refinement of this project's scope must be approved to allow the court to consider an accurate legal description in making the required public purpose declaration for this public improvement which is necessary for the City to complete the right of way acquisition. The final plat approval for the Grand Oak Two Addition (Wispark) had to be delayed until the March 2 Council meeting to accommodate this process. ATTACHMENTS: • Location sketch plan,pag " nr • Individual responses and summary,pages through 04L. a6 i Jf REMOVE CURB & ff UTTER AND ?AV fME1VT 01 / Wr N.EILIYl POND, /'v/ IE mom. v SEDIMENTATION BASIN o LEGEND a ->>-= EXIST. STORM SEWER ->>--♦ PROPOSED STORM SEWER EXIST. ROADWAY / / ✓� I PROPOSED ROADWAY CITY OF EAGAN FIGURE C.P. NO. 745—BLUE GENTIAN ROAD C.P. NO. 746—BLUE WATER ROAD GRAND OAK BUSINESS PARK 2 Consulting Group,Inc PROPOSED STREET AND STORM SEWER IMPROVEMENTS 00'JOJ, rile:SCJigr2 2-4-99 PROJECT 745 BLUE GENTIAN CIRCLE CUL-DE-SAC OPTIONS 1. What is your position regarding the postponement of constructing the realignment of Blue Gentian Road? _Agree Oppose No Opinion Comments: 2. If the proposed realignment of Blue Gentian Road is postponed, what is your preference for Blue Gentian Circle? _ Option 1 Cul-de-sac with connection to Hwy. 55 only. Option 2 Cul-de-sac with connection to Blue Gentian Road only. Option 3 No Cul-de-sac with connections to both Hwy. 55 and Blue Gentian Road. Other Options? U�� n a-i 11M Ge 152 Ad� 7UA o- &A=" po �,�n� �/�LR �4� v C. N U_+-z j&Ck V.6z Thank you for your input! ! V l Q-r e Z mA Q k Name ✓�. 10- a-? B 1�. ��.� ►� lid. Address a63 G LA DYS & ROGER R E I L I N G AvAvAvAv,&vAvAvAV 1877 Gluek Lane•Roseville,Minnesota 55113•Telephone(612)636-1794•Fax(612)636-1793 Thomas A. Colbert, P.E. February 11 , 1999 Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Project 745, Blue Gentian Road Realignment Dear Mr. Colbert: Your letter of 02/09/99 outlines several options for reducing the scope of the Blue Gentian Road improvement.We respectfully submit our objection to option #2 which prohibits direct access to Highway 55 by all properties along Blue Gentian Road. For consideration at the City Council meeting of February 16, we offer these facts: 1- Since all community services are situated to the west of the Blue Gentian neighborhood, response time in the event of an emergency would be substantially increased to all properties, most dramatically to our property at 1030 Blue Gentian Road. Police, fire and paramedical aid would be forced to travel a circuitous and confusing route which would increase the potential for bodily injury, property damage and even death. 2- Most residents of Blue Gentian Road can tell of many instances when ice and snow conditions made it impossible to drive up the steep hill at the east end of the street. Such a condition would prevent residents from reaching their homes, except by foot. 3- The marketing potential, and consequently the property values. are adversely affected by denying direct access from Highway 55 to any and all of these properties. Thank you for considering the above facts as you weigh the options for the future configuration of Blue Gentian Road. R & Gladys Reiling 9�'Gs� INTERSTATE 494 RAYMOND & MARIE NUTZMAN 1027 BLUE GENTIAN RD. GENS\AN CIROL � GENTIAN R�g�Ns ADD. ROGER & GLADYS REILING 1030 BLUE GENTIAN RD. qy SS �, X 50 0 50 ` scale I G:MISCDXF/BGR_OPTIONI BLUE GENTIAN / BLUE WATER ROAD FEB. 3, 1999 CITY OF EAGAN OPTION 1 RSC !°,/�[; F�r 1 ' ''� 2-4-99 PROJECT 745 BLUE GENTIAN CIRCLE CUL-DE-SAC OPTIONS 1. What is your position regarding the postponement of constructing the realignment of Blue Gentian Road? ✓ Agree Oppose No Opinion Comments. 2. If the proposed realignment of Blue Gentian Road is postponed, what is your preference for Blue Gentian Circle? Option 1 Cul-de-sac with connection to Hwy. 55 only. Option 2 Cul-de-sac with connection to Blue Gentian Road only. Option 3 No Cul-de-sac with connections to both Hwy. 55 and Blue Gentian Road. Other Options? Comments: for our in ` Thank you y put! Name 10 P2��G ev IL Address 2-4-99 PROJECT 745 BLUE GENTIAN CIRCLE CUL-DE-SAC OPTIONS 1. What is your position regarding the postponement of constructing the realignment of Blue Gentian Road? Agree _Oppose No Opinion Comments: Z TS G ✓v v '2 2. If the proposed realignment of Blue Gentian Road is postponed, what is your preference for Blue Gentian Circle? Option 1 Cul-de-sac with connection to Hwy. 55 only. —3< Option 2 Cul-de-sac with connection to Blue Gentian Road only. Option 3 No Cul-de-sac with connections to both Hwy. 55 and Blue Gentian Road. Other Options? Comments: � Li7' ' Thank you for your input! Name Address 6� a 2-4-99 PROJECT 745 BLUE GENTIAN CIRCLE CUL-DE-SAC OPTIONS 1. What is your position regarding the postponement of constructing the realignment of Blue Gentian Road? Agree Oppose No Opinion Comments: 2. If the proposed realignment of Blue Gentian Road is postponed, what is your preference for Blue Gentian Circle? Option 1 Cul-de-sac with connection to Hwy. 55 only. X_Option 2 Cul-de-sac with connection to Blue Gentian Road only. Option 3 No Cul-de-sac with connections to both Hwy. 55 and Blue Gentian Road. Other Options? Comments: Thank you for your input! 64- Name )0 /S G-EIJTj4M q. Address c:�6 G FEB I .19 2-4-99 PROJECT 745 BLUE GENTIAN CIRCLE CUL-DE-SAC OPTIONS 1. What is your position regarding the postponement of constructing the realignment of Blue Gentian Road? Agree Oppose No Opinion Comments: 2. If the proposed realignment of Blue Gentian Road is postponed, what is your preference for Blue Gentian Circle? Option 1 Cul-de-sac with connection to Hwy. 55 only. Option 2 Cul-de-sac with connection to Blue Gentian Road only. Option 3 No Cul-de-sac with connections to both Hwy. 55 and Blue Gentian Road. Other Options? 'R)'�) ��'� ��'�� 1Z71- Z" Comments: � Xa a� Z /J Q t�l�Y1 0-10V-11" �� n Cao 40 L;e cook u GUhoir� c a� V-& � � a�—' Ct.L w%� y/�e tLc.P. 40 C-7 opt_cn a S6g"'4 z� . Thank you for your input! Name qfy Address GEORGE WEINHANDL �g4 1015 BLUE GENTIAN \N�ERS�PZE � WIT! SlQ14, wy � GENT I A N BINS A�R STEVE & JULIE CHAPPLE 988 BLUE GENTIAN ROAD JIM HANSON 1000 BLUE GENTIAN RD. PATRICIA PAVLIC 990 BLUE GENTIAN RD. F �, FD � <01 �FNt II EAD i � I IR X I 50 50 I scale I G:MISCDXF/BGR_0PT10N2 BLUE GENTIAN / BLUE WATER ROAD FEB. 3, 1999 CITY OF EAGAN I OPTION 2 Agenda Information Memo February 16, 1999 Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT/PRELIMINARY PLANNED DEVELOPMENT AMENDMENT/—EASTER LUTHERAN CHURCH ACTION TO BE CONSIDERED: ➢ To implement a Comprehensive Guide Plan Amendment changing the existing Land Use Guide Plan designation of approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) from D-I (0-3 units per acre) to PF, Public Facilities. ➢ To approve or deny a Preliminary Planned Development Amendment to incorporate an additional 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) into the Preliminary Planned Development approved in 1995 subject to the conditions in the APC meeting minutes. FACTS: ➢ At their regular meeting on January 5,1999, the City Council approved the following: • The forwarding of a Comprehensive Guide Plan Amendment to the Metropolitan Council changing the land use designation of the subject property from D-I (0-3 units per acre) to PF, Public Facilities. • A Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a shoreland overlay district. ➢ As a condition of CUP approval, impervious coverage is not allowed to exceed 35 percent of the total site area (excluding anticipated Dakota County right-of-way dedications). Such maximum impervious surface coverage allowance is consistent with that initially approved by the City in the summer of 1995. ➢ The Metropolitan Council completed its review and approved the Guide Plan Amendment as documented in the attached letter dated 1/13/99. ➢ Consideration of the Preliminary Planned Development Amendment was postponed from the January 5, 1999 City Council meeting to allow additional staff and Dakota County review of proposed parking deck setbacks. Upon further review, the proposed "zero lot line"parking deck setbacks have been found to be acceptable to the County. a ➢ At their regular meeting on December 22, 1998, the Advisory Planning Commission held a public hearing to consider the Comprehensive Guide Plan Amendment, Preliminary Planned Development Amendment and Conditional Use Permit and recommended approval subject to the conditions listed in the APC minutes. ISSUES: ➢ The APC raised concern regarding the potential "zero lot line" condition of the proposed parking deck along Cliff Road (following anticipated right-of-way dedications) and its impact upon snow storage. The applicant has been asked to prepare a graphic depiction of the ultimate design of Cliff Road (as provided by the Dakota County Highway Dept.) in relation to the parking structure for Council review. ATTACHMENTS: Minutes of the December 22, 1998 APC meeting, pageZthrough3V. Staff report, pages through,!? fes, /311Qg9 Metropolitan Council letter of approval dated X98—P S g Applicant correspondence dated 2/9/99 Page 3 December 22, 1998 ADVISORY PLANNING COMMISSION MINUTES COMPREHENSIVE GUIDE PLAN AMENDMENT PRELIMINARY PLANNED DEVELOPMENT AMENDMENT CONDITIONAL USE PERMIT EASTER LUTHERAN CHURCH Commission Chair Heyl opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment, Preliminary Planned Development Amendment, and a Conditional Use Permit to allow the incorporation of a 2.5 acre parcel within the previously- approved Preliminary Planned Development for the Easter Lutheran Church property located at the NW intersection of Pilot Knob Road and Cliff Road in the SE 1/4 of Section 28. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in the City staff s planning report dated December 14, 1998. Mr. Kirmis noted the background and history, the surrounding uses and the existing conditions of the subject property. Reverend Borgschatz and Architect Chip Lindeke provided a brief presentation regarding the church's plans to expand on the subject property. Chair Heyl closed the public hearing as no one was present to speak. The applicant and City staff responded to questions raised by members regarding: 1) potential grading within the County right-of-way; 2) access in and out of the three level parking deck; 3) adequacy of parking for Phase I development; 4) zero lot line setback for the parking ramp to Cliff Road; and 5) traffic movements in and out of the site. Chair Hey] questioned the percentage of impervious surface as it relates to pre/post County right-of-way dedication. City staff responded that the calculation of impervious surface percentage was consistent with the method of calculation used in the City's 1994 approval of the Easter Lutheran Planned Development. There was further discussion regarding the relationship of a future six-lane divided Cliff Road to the parking structure on the subject property. Member Segal suggested that the applicant prepare a site plan reflecting an ultimate six lane design of Cliff Road and depicting the separation between the roadway surface and the proposed parking structure. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road from D- 1 (0-3 units/acre) to PF (Public Facilities) located in the SE '/4 of Section 28. All members voted in favor. Page 4 December 22, 1998 ADVISORY PLANNING COMMISSION MINUTES Member Segal moved, Member Frank seconded, a motion to recommend approval of a Preliminary Planned Development Amendment to rezone approximately 2.4 acres from R-1 (Single Family) to PD (Planned Development) subject to the 11 conditions listed in the staff report. 1. The applicant shall enter into a Preliminary Planned Development Agreement in accordance with Section 11.40 Subd. 6 of the City Code Prior to the Final Planned Development/Final Plat application. 2. The church shall be constructed in accordance with one of the following phasing plan scenarios: Phase Scenario #1 Scenario #2 Scenario #3 I —June 1999 Bldg. Area B Bldg. Areas A & B Bldg. Areas B & C II—June 2004 Bldg. Area C Bldg. Area C Bldg. Area D III —June 2009 Bldg. Areas A & D Bldg. Area D Bldg. Area A AREA ACTIVITIES BUILDING * AREA A Fellowship Hall, Youth Rooms, Kitchen, Lobby/Hallway Lobby/Hallway13,450 sq. ft. B Family Life Center, Pre-school Area, Infant & Toddler 29,070 sq. ft. Center/Classrooms, Receptionist, Administration, Lobby/ allwas, Locker/Showers, Mechanical C Sanctuary, Library/Lounge, Meeting Rooms, Hallways, 35,400 sq. ft. Sacristy, Narthex/Gathering/Hallways, Parking Structure D Learning Spaces, Meeting Rooms, Music Practice, 26,080 sq. ft. Chapel, Choir Practice, Lobby/Hallways Total 104,000 sq. ft. 3. The term of the Planned Development shall be 15 years from the date of City Council approval. 4. The entire site shall be platted prior to the initiation of phase I. 5. Prior to the issuance of building permits, the following plans shall be approved: i Final Plat Final Site Plan Final Lighting Plan Final Utility Plan Final Grading, Drainage & Erosion Control Plan ➢ Final Landscaping Plan Final Signage Plan Final Building Elevations Tree Preservation Plan 6. In an effort to reduce tree removal, staff and representatives of the applicant shall select at least twenty-seven (27) trees, from the tree removal inventory, for transplanting from construction areas to safe areas on site. This tree transplanting shall occur prior to grading and/or construction activities. 30 Paae 5 December 22, 1998 ADVISORY PLANNING COMMISSION MINUTES 7. If tree removal cannot be reduced to allowable limits (99 trees), via transplanting, the applicant shall install Category A, B, or C trees, in an amount determined by staff to fulfill tree removal in excess of allowable limits. 8. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 10. A natural boulder retaining wall shall be provided to increase the interval of undisturbed buffer to at least 20 feet in this area. All disturbed areas associated with this and other encroachments (as well as around the pond features) shall be re-established with native perennial grasses that are left in an un-maintained condition. 11. As a condition of Final Planned Development approval, the applicant shall be subject to a cash contribution for trails. All members voted in favor. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow impervious surface coverage of greater than 25% within the shoreland overland district subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation of its recording provided to the City. 2. Excluding anticipated right-of-way dedications (associated with the platting of the property), impervious surface coverage shall not exceed 35 percent of the site area. All members voted in favor. ,31 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 14, 1998 CASE: 28-PA-05-05-98 28-CG-03-05-98 28-CU-20-11-98 APPLICANT: Easter Lutheran Church HEARING DATE: December 22, 1998 PROPERTY OWNER: Easter Lutheran Church PREPARED BY: Bob Kirmis REQUEST: Comprehensive Guide Plan Amendment/Preliminary PD Amendment/ Conditional Use Permit LOCATION: 4200 Pilot Knob Road COMPREHENSIVE PLAN: D-1, Single Family Residential and PF, Public Facilities ZONING: R-1, Single Family and PD, Planned Development SUMMARY OF REQUEST Easter Lutheran Church is requesting approval of a Comprehensive Guide Plan Amendment to change the existing Land Use Guide Plan designation of a 2.4 acre parcel of land which abuts their present 12.9 acre property located north of Cliff Road and West of Pilot Knob Road. Specifically, the applicants wish to change the parcel's present D-I, Single Family designation to a PF, Public Facility designation. In conjunction with the requested guide plan amendment, the applicants have also requested a Preliminary Planned Development Amendment and Conditional Use Permit to incorporate the 2.4 acre parcel within the previously approved PD which applies to the 12.9 acre church property. The processing of a conditional use permit is necessary to accommodate impervious surface coverage of greater than 25 percent within a Shoreland Overlay District. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment The City's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The City's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably Planning Report— Easter Lutheran Church December 22, 1998 Page 2 relate to promoting the public health, safety, morals and general welfare. When a change to a City's Comprehensive Guide Plan is requested, it is the City's responsibility to determine if the change is in the best long-range interests of the City. The standard of review of a City's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the City. Rezoning City Code Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for it's consideration and recommendation. 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: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. 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. D. 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. 33 Planning Report—Easter Lutheran Church December 22, 1998 Page 3 E. 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. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 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 Since 1991, Easter Lutheran Church has been involved in the development of the subject property. In 1994, the church proposed a four-phase development that included a building approximately 73,000 square feet in size and an impervious surface coverage of approximately 53 percent. The development plans were ultimately denied by the City Council due to the intensity of the development and associated high impervious surface coverage in the Thomas Lake Shoreland Overlay District. In the summer of 1995, the City approved a Comprehensive Guide Plan Amendment which changed the land use designation of the original 13.3 acre parcel from DI, Single Family (0-3 units/acre) to PF, Public Facility and a Preliminary Planned Development/Conditional Use Permit to allow the development of a 79,000 square foot church facility upon the property. Although the building size increased, the impervious surface coverage was reduced. As a condition of the original Preliminary Planned Development approval, a maximum impervious surface coverage allowance of 35 percent was stipulated. Since receiving Preliminary Planned Development approval in 1995, the Church has acquired a 2.4 acre parcel which abuts the original development site on the west. It is the applicant's intent to amend the previously approved Preliminary Planned Development to incorporate the referenced 2.4 acre parcel in the church's overall development plan. 3 Planning Report— Easter Lutheran Church December 22, 1998 Page 4 EXISTING CONDITIONS The subject property overlays four individual parcels of land all of which border Thomas Lake. The site is characterized by rolling hills (which slope toward Thomas Lake) and some mature vegetation. The property lies within the Shoreland Overlay District of Thomas Lake. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Thomas Lake Park; zoned P; Public Facilities and guided PF, Public Facilities. South- Twin Manor Addition; zoned R-1, Residential Single Family and guided D-I, Single Family (0-3 units/acre). East - South Water Treatment Facility and Clearwater Park; zoned P; Public Facilities and guided PF, Public Facilities. West - Thomas Lake and Thomas Lake Addition; zoned R-1, Residential Single Family and guided D-I, Single Family (0-3 units/acre) EVALUATION OF REQUEST Comprehensive Guide Plan Amendment At present, the recently acquired 2.4 acre parcel of land (which abuts the subject property on the west) is guided D-I, Single Family Residential. To include the property in the church's development plan, it is necessary to change its guided land use designation to PF, Public Facilities. Such change would result in the entire 15.3 acre parcel of land under consideration having a PF land use designation. Preliminary Planned Development and Conditional Use Permit Compatibility with Surrounding Area- The subject site is bordered on the north and east by "public"uses (Thomas Lake Park and South Water Treatment Facility) and on the south and west by single family residential uses. The proposed church appears compatible with surrounding uses. Site a - The requested Preliminary Planned Development Amendment reflects the applicant's desire to incorporate the recently acquired 2.4 acre parcel into the church's overall development plan. Such land acquisition has resulted in several site plan modifications from the previously approved plan including: ➢ An increase in building size from 79,000 square feet to 104,000 square feet. An increase in off-street parking supply from 384 spaces to 525 spaces. 35- Planning Report—Easter Lutheran Church December 22, 1998 Page 5 r The elimination of a direct driveway connection between Pilot Knob Road and Cliff Road. r Additional on-site ponding. As in the case of the previous proposal, the ultimate construction of a parking deck in the extreme southeast corner of the site has been proposed. Similarly, impervious surface coverage is just under 35 percent. Following anticipated County right-of way dedication requirements however, the impervious surface coverage is expected to increase on a net land area basis. Impervious surface coverage issues are addresses in greater detail in the water quality section of this report The majority of off-street parking (473 stalls) is to be provided within a three level parking deck located in the southeast corner of the site. Smaller surface parking lots (totaling 52 stalls) have been proposed in the northeast and southwest areas of the site. It should be noted that the parking deck is included in the third phase of the church's development plan. As a result, off-street parking demand from the first two development phases will be accommodated largely upon temporary surface parking lots. The site is proposed to be accessed from the east via Pilot Knob Road and from the south via Cliff Road. PhasinE - According to the applicant, the building is proposed to be developed in four areas (to allow the project to be phased) as described below: AREA ACTIVITIES BUILDING * AREA A Fellowship Hall, Youth Rooms, Kitchen, Lobby/Hallway 13,450 sq. ft. B Family Life Center, Pre-school Area, Infant & Toddler 29,070 sq. ft. Center/Classrooms, Receptionist, Administration, LobbylHallways, Locker/Showers, Mechanical C Sanctuary, Library/Lounge, Meeting Rooms, Hallways, 35,400 sq. ft. Sacristy, Narthex/Gathering/Hallways, Parking Structure D Learning Spaces, Meeting Rooms, Music Practice, Chapel, 26,080 sq. ft. Choir Practice, Lobby/Hallways Total 104,000 sq. ft. * See attached exhibit for graphic depiction Three different phasing scenarios have been proposed combining the four building areas previously described. These scenarios are reiterated below: Phase Scenario #1 Scenario #2 Scenario #3 I—June 1999 Bldg. Area B Bldg. Areas A & B Bldg. Areas B & C II—June 2004 Bldg. Area C Bldg. Area C Bldg. Area D III—June 2009 Bldg. Areas A & D Bldg. Area D Bldg. Area A Planning Report — Easter Lutheran Church December 22, 1995 Page 6 Note: See Phasing Area Plan for reference At the suggestion of staff, the applicant has submitted a site plan that depicts Phase I development. The Phase I plan calls for the construction of a 29,070 Family Life Center/Administration building with the majority of off-street parking (127 spaces) being provided in the "footprint" of the future sanctuary location. As noted on the plan, Phase I does not include the construction of the parking deck. Lots - The subject site overlays four individual, unplatted parcels of land. These parcels must be combined through the platting process prior to building permit issuance. It should be noted that such platting must include additional right-of-way dedications along both Cliff Road and Pilot Knob Road as dictated by Dakota County. Combined, the four lots in question total 15.3 gross acres. Subtracting 3.5 acres of land below the ordinary high water mark (OHWM) of Thomas Lake and 1.6 acres expected to be devoted to future right-of-way dedication, the net area of the site will be approximately 10.2 acres. Setback s - As a designated "General Development Lake", a minimum 50 foot structure setback must be maintained from the OHWM of Thomas Lake. With a setback of 75 feet, this requirement has been satisfied. The Planned Development (PD) zoning district does not establish specific setback requirements. It should be noted however, that following anticipated County right-of-way dedications the proposed parking deck is expected to exhibit a"zero lot line" setback condition from the Cliff Road and Pilot Knob Road rights-of-way. Considering that the deck is to lie below the elevation of the adjacent rights-of-way and is not to be visible, the proposed"zero lot line" setback condition is not anticipated to have any detrimental aesthetic effect on the adjacent roadways and may be accommodated via the PD. Building Height - At this point, the church has no definitive architectural plans that specify structure height. As a result, building height issues will be addressed as part of the final PD. Parking - The City Code requires a minimum of one off-street parking space per 3.5 sanctuary seats. According to the applicant, the church sanctuary is to have a capacity of 1,050 seats. As a result, a total of 300 spaces are required. The church, based on its experience, believes it needs to provide parking at a much higher ratio than that required by the Code. The submitted development plan calls for a total of 525 spaces at a rate of one space for every 2 seats within the sanctuary. As mentioned previously, Phase III includes the construction of a parking deck to accommodate the increased seating in the worship area. The parking deck (or ramp) represents an effort to minimize the amount of impervious surface coverage on the property. Phase III development is not expected to occur until the summer of 2009. Planning Report— Easter Lutheran Church December 22, 1998 Page 7 Landsca nne - Landscaping related issues will be addressed as part of the forthcoming Final Planned Development application. Gradin - The site has large variations in topography with elevations ranging from 960 at Cliff and Pilot Knob Roads to 904 at Thomas Lake. Utilities -An 8-inch sanitary sewer stub has been provided from Cliff Road to serve this site. Existing water main is readily available from 8-inch water main stubs in the southwest corner from Cliff Road and in the northwest corner from Pilot Knob Road. Streets/Access/ Circulation- Public street access for the proposed development is available from Cliff Road(County Road 32) to the south and Pilot Knob Road (County Road 31) to the east. The proposed driveway connection to Cliff Road is in direct alignment with Thomas Lane to the south at an area of a median opening. The developer should be responsible for all modifications necessary to Cliff Road, as required by Dakota County, to accommodate the proposed driveway access (i.e. turn lanes, median modifications, etc.). North/ south access is proposed from Pilot Knob Road in direct alignment with the access road to the City's water treatment facility and Clear Water Park east of Pilot Knob. Dakota County's approval of the proposed access is contingent upon the removal of the three existing residential driveway connections onto Pilot Knob Road. Easements/Right-of-Way - Dakota County will require that this development provide 100 feet total of half right-of-way on Cliff Road and 75 feet of half right-of-way on Pilot Knob Road . Additional right-of-way dedications of 40 feet on Cliff Road and 25 feet on Pilot Knob Road will be required on the final plat to meet these half right-of-way requirements. These dedications are reflected on the preliminary plans submitted with the application. Wetlands/Water Quality - This development site lies on the southeast shore of Thomas Lake, a shallow (maximum depth of 6 feet), 45-acre lake classified as a Class I water body in the City's water quality management plan. To meet the non-degradation standards set for this lake in the plan, the developer has both minimized impervious surface coverage and incorporated extensive on-site ponding into the development plan. Modeling indicates that the on-site ponding proposed is sufficient to meet the stringent non-degradation standards for Thomas Lake. The most recent site plan indicates an increase in impervious coverage from 35%to 39%because the net site area has decreased as a result of the anticipated additional right-of-way to be taken for Cliff Road and Pilot Knob Road when the property is platted. The area of the site covered by impervious surface has not changed from the previous site plan, however. Thus, the runoff treatment obligations for the developer will not change. It should be noted that any development of the undeveloped road right-of-way will require separate stormwater quality mitigation before discharge to Thomas Lake. Previous staff reports have recommended that an ungraded, un-maintained buffer extending 50 feet back from the ordinary high water mark of Thomas Lake be preserved. The most recent grading plan indicates that with the exception of three areas, this buffer is preserved. Two of the Planning Report—Easter Lutheran Church December 22, 1998 Page 8 areas in which the buffer is disturbed are associated with grading to accommodate the necessary ponding while the third area of encroachment is caused by grading for the south entrance road off Cliff Road. The encroachment caused by the road brings the graded area within 10 feet of the waters edge of Thomas Lake. Staff recommends that the City consider requiring a natural boulder retaining wall to increase the interval of undisturbed buffer to at least 20 feet in this area. All disturbed areas associated with both this and the other encroachments as well as around the pond features should be re-established with native perennial grasses that are left in an un- maintained condition. No wetlands will be filled or drained as a result of the proposed development. Tree Preservation Significant Vegetation: The submitted tree inventory indicates that there are three hundred twenty-nine (329) significant trees on site. Tree species and sizes include: - oak trees, bur and red (3" to 32" diameter), - black cherry trees (6"to 7" diameter), - maple trees (9"to 32"diameter), - ash trees (6"to 14" diameter), - birch trees (14" diameter), - willow trees (12" to 24" diameter), - cottonwood trees (6"to 12" diameter), - elm trees (6"to 28" diameter), - boxelder trees (11"to 36" diameter), - and spruce, red and scotch pine trees (20' to 40' in height). Tree statistics summary: Trees Existing vegetation 329 To be removed 126 (38.3%) To be preserved 203 (61.7%) Allowable removal 99 trees (30%) Applicant needs to replace 27 trees Calculated mitigation 56 Category A trees According to the City of Eagan Tree Preservation Ordinance, allowable removal for this type of development (commercial, single lot) is set at 30% of the existing significant vegetation. Mitigation for tree removal in excess of allowable limits calculates to fifty-six (56) Category A trees or one-hundred twelve (112) Category B trees or two-hundred twenty-four(224) Category Planning Report—Easter Lutheran Church December 22, 1998 Page 9 C trees, or an equivalent combination of these tree sizes. This tree preservation mitigation is in addition to any landscape requirement. The City Forester has had discussions with the applicant concerning the amount of tree removal and the fact that removal in excess of allowable limits calculates to a mitigation requirement of 112 category B trees. With a landscape requirement also being applied to this site, the installation of an additional 112 trees might be improbable. Several options were recommended by staff that could reduce tree removal and mitigation amounts. The most attractive and probable solution would be to transplant 27 trees (which are proposed to be removed) from construction areas to "safe" areas on site. This transplanting operation would occur prior to any grading or construction activities. Twenty-seven trees from the tree removal inventory would be selected, and field verified for suitability for transplanting by staff and the applicant. Candidates for transplanting might include smaller diameter deciduous trees and shorter coniferous trees. Field selection of transplantable trees should occur this winter. Actual tree transplanting would occur early in the spring of 1999. If the transplanting of twenty-seven trees is not possible, the balance of the mitigation would be fulfilled by installation of purchased trees. Parks and Trails - The proposed use is exempt from park dedication requirements. As a condition of Final Planned Development approval however, the applicant shall be subject P PP PP Jbject to a cash contribution for trails at the rate in effect at the time ($920 per net acre for 1999). SUMMARY/CONCLUSION Comprehensive Guide Plan Amendment - The requested change in land use of the 2.4 acre parcel from D-I (0-3 units/acre) to PF, Public Facilities would result in compatible land uses. Preliminary Planned Development Amendment/Conditional Use Permit - Previous approval of the Preliminary Planned Development generally establishes the general use as acceptable in this area of the City. The proposed 2.4 acre expansion of the site is not expected to adversely impact surrounding properties. While the expected impervious surface coverage of 39.2 percent is technically greater than the 35 percent coverage previously approved by the City, such percentage reflects land area remaining following necessary right-of-way dedications. Excluding the right-of way dedications, (as in the case of the existing Planned Development) an impervious surface coverage of slightly under 35 percent results. �4O Planning Report— Easter Lutheran Church December 22, 1998 Page 10 ACTION TO BE CONSIDERED A. To recommend approval or denial of the requested Comprehensive Guide Plan Amendment to change the land use designation of approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) from D-I (0-3 units per acre) to PF, Public Facilities. B. To recommend approval or denial of the proposed Preliminary Planned Development Amendment to rezone approximately 2.4 acres of land located north of Cliff Road between Lake Park Drive and Pilot Knob Road (within the SE 1/4 of Section 28) from D-I (0-3 units per acre) to PD, Planned Development and amend the previously approved Easter Lutheran Church Preliminary Planned Development site plan to include the additional 2.4 acre property subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement in accordance with Section 11.40 Subd. 6 of the City Code Prior to the Final Planned Development/Final Plat application. 2. The church shall be constructed in accordance with one of the following phasing plan scenarios: Phase Scenario #1 Scenario #2 Scenario #3 I—June 1999 Bldg. Area B Bldg. Areas A & B Bldg. Areas B & C II—June 2004 Bldg. Area C Bldg. Area C Bldg. Area D III—June 2009 Bldg. Areas A & D Bldg. Area D Bldg. Area A AREA ACTIVITIES BUILDING * AREA A Fellowship Hall, Youth Rooms, Kitchen, Lobby/Hallway 13,450 sq. ft. B Family Life Center, Pre-school Area, Infant & Toddler 29,070 sq. ft. Center/Classrooms, Receptionist, Administration, Lobby/Hallways, Locker/Showers, Mechanical C Sanctuary, Library/Lounge, Meeting Rooms, Hallways, 35,400 sq. ft. Sacristy, Narthex/Gathering/Hallways, Parking Structure D Learning Spaces, Meeting Rooms, Music Practice, 26,080 sq. ft. Chapel, Choir Practice, Lobby/Hallways Total 104,000 sq. ft. 3. The term of the Planned Development shall be 15 years from the date of City Council approval. 4. The entire site shall be platted prior to the initiation of phase I. Planning Report— Easter Lutheran Church December 22, 1998 Page 11 5. Prior to the issuance of building permits, the following plans shall be approved: ➢ Final Plat Final Site Plan ➢ Final Lighting Plan ➢ Final Utility Plan ➢ Final Grading, Drainage & Erosion Control Plan ➢ Final Landscaping Plan Final Signage Plan ➢ Final Building Elevations ➢ Tree Preservation Plan 6. In an effort to reduce tree removal, staff and representatives of the applicant shall select at least twenty-seven (27) trees, from the tree removal inventory, for transplanting from construction areas to safe areas on site. This tree transplanting shall occur prior to grading and/or construction activities. 7. If tree removal cannot be reduced to allowable limits (99 trees), via transplanting, the applicant shall install Category A, B, or C trees, in an amount determined by staff to fulfill tree removal in excess of allowable limits. 8. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 10. A natural boulder retaining wall shall be provided to increase the interval of undisturbed buffer to at least 20 feet in this area. All disturbed areas associated with this and other encroachments (as well as around the pond features) shall be re-established with native perennial grasses that are left in an un-maintained condition. 11. As a condition of Final Planned Development approval, the applicant shall be subject to a cash contribution for trails. C. To recommend approval or denial of a Conditional Use Permit to allow impervious surface coverage of greater than 25 percent within a shoreland overlay district subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation of its recording provided to the City. Planning Report— Easter Lutheran Church December 22, 1998 Page 12 2. Excluding anticipated right-of-way dedications (associated with the platting of the property), impervious surface coverage shall not exceed 35 percent of the site area. FINANCIAL OBLIGATION PLANNED DEVELOPMMENT AMENDMENT EASTER LUTHERAN CHURCH The properties under consideration for rezoning to Public Facility were charged for their share of the City's public utility infrastructure at single family rates. There is no additional charge at the time of, or as a condition of rezoning. There are, however, additional charges due at the time of platting. The following estimate of charges due was prepared using the 1999 connection charge rates. The financial obligation will be computed at the rates in existence at the time of final platting. IMPROVEMENT USE RATE QUANTITY AMOUNT Lateral water P.F. $27.85 /F.F. 2,010 F.F. $55,978 Lateral sanitary sewer P.F. $21.85 /F.F. 1,060 F.F. 23,161 Storm sewer trunk P.F. P.F. 522,720 Sq. Ft. 21,954 Water Availability Charge P.F. $3,030/Ac. 12 Ac 36,360 TOTAL $137,453 Location Ma p r DI 0 CD p .1 z L I 1 -1. j 1 Ozjr�-1-7 1z Es is 9 0 2V=� 77 Sub"ect Site j j 37 F-Iij, "A.M.Me.32 J—J""AD) AS 1000 —0 1000 Feet Development/Developer. Easter Lutheran Church Application: Comp.Guide Amend./P0 Amend.(Rezoning)/C.U.P. Case No.: 28-CG-03-05-981 05-05-98/28-CU-20-11-98 ."— ng�R 11. Parcel base ffaP inl'cnl -provided Map City of Eagan k. wry Deparmwirml and is current as ef October 199& E* LTHIS MAP IS INTENDED FOR REFERENCE USE ONLY c.,y DV-wt S The City of Eagan and Dakota County do not quarantoo the accuracy of this Information. Comprehensive Guide Plan Land Use Map --- W PF J PF -1 P O Q P z 0 z D-1 V O � d O z z J5)-1 -� u P D-1 PF SC D-1 PF C.S.A.H.NO.32 (CLIFF ROAD) D- P -1 400 0 400 800 Feet Development/Developer: Easter Lutheran Church Case No.: 28-CG-03-05-98, 28-PA-05-05-98 trrent Guide Plan Designatio ublic Facility, D-1 Single Family Residential Map prepared on October 20,1998 uainy SSRI Arc View 3.oa III.E:lVI.I\proJeetakep—t—pr N ase map Information provided by Dakota County Land survey Department Clt of Eagan Camp.Guido pian Information provided by Lawroace Group 1996 and updated by City Staff. 14 E Y 9 Z . THIS MAP IS INTENDED FOR REFERENCE USE ONLY CO7m"tyDeveic IIE#DepffWar11 The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S ZoningMap P <� J -1 � L z y Y PD Oc PK 14 PK O o i a to u R-1 R1 PK PD 7 P P R-1 12 (CLIFF ROAD) 1 PK R-1 R R-1 Y t- J ' - L] 400 0 400 800 Feet Development/Developer. Easter Lutheran Church Case No.: 28-CG-03-05-98, 28-PA-05-05-98 Current Zoning: P ed Development, R-1 Single Family .�w..—p inf—an..proMdd by G.k.ta County L■d survey wp.ran.ot 1&2/93. sty y . r E. . . . z.nlry I.r.rnr.e..—11dd 4y L.--..Group 1196 and rPd.t.d by City Stan. c µ E. �/ THIS MAP IS INTENDED FOR REFERENCE USE ONLY . CwryxffdtyDeveIOpnmit Dgxv&T EYll The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S UI u 1TIai HARD COVER I I Site Area (9.9 Acre) 481,244 aq.ft. L&Irnpervlow Ani 147.500 sq.ft. ' Pveeat impervious 34.2% I I PARKING O O Ultimate Development 384 apa:.0 Sanctuary Capacity 1,050 ieau I O I J Parlanj Ritio 2.7 �— a�,1.• is nn..�v 1 ► �� I I r �\ Pi1ASE �� '•� ; TER E TWO p. PJASE, Ceruu.a ,1 Sur.—.w� l Ped Peed � I III Pha..Oar and TWO Pwtsa aC ae p+4 \ I I IC 717 Span A►.R t I ` / � 115 Spam Eab. � III Note i:ouo,L,r•. .u.., nu,J fr,�in U,Iu•.,�� II vl i,. .,nil ��n,„� I . • 'fop„p n,l,li, ��I�I,�:�� (�„�� I�.,,,.�., l n.� :l. i:u�, �� . _ Il,�,�t N 0 R T H o eo too teoo CONCEPT PLAN HolalnjWn Koeller Grout' Inc. EASTER LUTHERAN CHURCH PREVIOUSLY APPROVED SITE PLAN Thomas Lake Site . Eagan, Minnesc YN.•-..W , +7100 Y.U. Dwl.•. Ylno..Dl17/t00 GOeO. 00.]Y V - r0•,�co (-JRRE,NT CA'_C'JLaTIONI ! _ Sl- AREA (15.3 ACRES; 665.639 SC AREA BE Ow:,PDN Pr ID- ."ER rll. .50.7:0 Ort. ._.._.. R.0 W JEDICA101 , 6 CRES) NE" SITE APEA (102 ACRES) 446.163 Sq'I; IURrRs0U5 AREA I BUILDING.CC�41N7 60,200 CRtKS.SURE.CE PARKING 46.000 W.I. oil PARKING DECK 56.800 P'1ZAS/wAU(S 10.000 TOTAL 175,000 sG.tt. I I PERCENT IMPERv10U5' 39.27 .i I I HARP CO`.,r-R (ORIGINAL CALCULATION) / GPCSS SITE AREA (15.3 ACRES) 655.639 sa.`t. I ARE•BELOW CRDINARr NIC WATER ELE'v. 150.720 aoJt. i R,O.W. DEDICATION(.36 ACRES) 15.192 Wt- NET tNET SITE AREA (11.5 ACRES) 499.427 sG.'t. ; �--- IA1?=RV10US AREA /� I BUILDING FDC', RINT 60.200•0.ft ! ' I i CR•+ES/SURFACE PARKING 16.000 mtt. PARKING DECK 56.800 s4lt. P—AZAS/WAU(S 10.000 s0.'t. r TOTAL 75.000 sG.`t. I ?ER_ENT IMFERVICGS- 357. \ I I I I I I PARKING RATIO I �I ARY CAPA ITY 1,050 SEA-5 ANC U C TOTAL 381 SPACES 2.75 UL r�A'E OE` ?")ENT 525 5?ACES 2.0 1I ?ARKINO DECK— 473 %SURFACE— 52) THOMAS LAKE / I r �. �� p � <I ll� il �ll�lllllll F r J �' I i p•}r •E pp' �I�N0'3+7a•WJ090' .a+�+P..a.D0 1Z�•EAlb2' ._.._.._.._.._.._..J i _— I SITE PLAN (PHASE 1) ur 9LFFACE PLAN-PRAM t Ij : a 8 1 ,"• Master Plan PRfl_pA AFry urour Alii SLFFACE PLAN-PHASE 1 t � !F�n�>> i i , , : ; ; ,•,;',j. Easter Lutheran Church Thomas Lake Site �`'° ' iz N i' I :�ii1i Eagan, Mimesota HARE C; rR (CjRIE^JT CALCIJI A7,CN1 I i „ROSS Sj'E ARE; (15.3 ACRES) 665.639 sq f, . ._.._.. N8^:5'3 ' 34JC AREA BELOWORDINARY IGH WATER 150,720 at 7- ROW DEDICA'On(1.6 ACRES) 88.'5] ' NET SITE AREA (10.2 ACRES) 446.163 sq.ft. I j IA1PcR`/IOUS AREA 8wLOINC cCO7PRINT 60.200 w-It- I jORI%LS/SURiACE PARKING 48.000—ft � �� PARKING OE'> 56,800 sa.ft. a, j PLA-AS/WALKS 10,000—ft, TOTAL 175,OC; sq.ft. �I j OERCENT IMPER`AOUS• 39.2% a, HARD COVER (GR;GiNAL CALCULA710N) CROSS SIE. AREA 1,15.3 ACRES) 665.639 Sq.R. I / AREA BELOW ORCINARY NIGH WATER ELEV. 1SC,720 soft. R.O.W. DEDICATION (.38 ACRES) 15.•92 w_ft. zl : NET SITE AREA (11.5 ACRES) 499.427 sq.ft. IAJPERVIOL:S AREA BUILDING FOO-PRINT 60.200 sR.n. I 0IVES/S4JRf`ACE PARKING 48.000 Q.ft. j PDECK 56.800 aR.ft / PLP.:LAZ.S•S/WAVS 10 ap.tt. 707AL 175.0;;sq.`t. PERCENT IM-ERVCL;S• 35: ?ARKIN G RA70 I 81 I I SANC71JAR" CAPAC;TY 1.050 S=A7S R: \ TOTAL 32; SPACES 2.76 al a«r _I_7U CE E_ ot.,_v' 525 SPACES 2.0 (PARK.NC�DEC. - 47] I SJRFACE- 52) .I i THOMAS LAKE / TpI f P Y zI )/ 1Af I Ih I C1187W1 EDUC'.�laON ( I �. I III II I Illli!il �, i i �: Ill illl � III IIIIIIIIII (\ � I I Iliill llililll 11 I l l Y _ — Y•WISWbPOPJ.6 1 III IIIiIIIII�IIIII�IIIIII m.31 ._..S 0347x•E 3'62 .._. J _..._.. .. ._.. ._.._.._.._.._.._.. �' ' 2'd'E 3-.2.C' on.m Io fn a svW fa - so SITE PLAN (ULTIMATE) Ps�►.�'wtY uYouT Ace PtJIN •� •,• M Master Plan pFELIA 1AiiY uYOUT ANO SJ*ACE PLAN ,•,��,� Easter Lutheran Church ,l�EI 1mrnrn Thomas Lake Site � '9 ill -<-< Eagan, Mkwxsota �!�'^ iI i� �_-- \.y r� TI- THOMAS LAKE �aa e55rm Lr fl ` r GRADING PLAN •�+■+ Master Plan �e1 y, np9> cfnor+o raw i ; ,� i�� Easter Lutheran Church yi;�� Thomas Lake Site o r)o�-� Eaganl E ^z , Minnesota O' DEt,0TES TREES r,, E3C SAiEO AND PROTECTED UY FENCE X CEfiOTES TREES To BE R-EmC�ED 11F�(--ANT TREES TO BE REPLACED I 39 To 20' 20* A 17* TO 0 —111ER c:i, )r 7 A:.AN Z' SPECIES KEY AAS ASH w B'Rc. ��/7) / _ BL::" BLACK CHERRY : cx DWELZER uR BUR UK COT COr?ONw000 EW V-w .APL TnJtvlAs P.R RED DPINEPNs SCOTCH PWC G.. POP FOPLAA OAK 0- spqcs CREEJ+SPRUCE w-O. 7 LAKE C—ER KAREN uCSS ,a D C)i TI ON .7 THOMAS LAKE E 7"-il CA-�7- RZ O.G E R & $HAPDN KRECH jC.1 is A?—'S5 C:,Q.CS V I> va N U w ROAD NO. 32 (CL Ir-F ROAD) DAKOTA COUNTY RC)AO RIGHT OF WAY MAP N:) 27A Note: Survey obtained from Sunde Land Surveying Inc. NITI 1 8 PEE PRESERVATION PLAN TREE PRESERVATION PLAN C' PPCEERVATICIj PLAN Moster Plun Easter Lutheran Church Lnx Thomas Lake Site r)0--1 X--4 4 Eagan, M'nr�e.Cto 4 L,Z-<-< Qp Section 5 Master Plan Concept 1 'il i i� tL7333� � a.. .. -., ,xi- .. . SOUTH ELE��,TION L l;r�..rr.- WEST ELEV'.aTION Cliff Road\ .......... .... T' UPPer _' ^I ---- Me�w�TFloa�r�Flev 526, Loveotl.evee`—Flotir.Eier9ld'� 'R.O.W. r inary ign at ev gpg' Dedication SECTION BUILDING ELEVATIONS/ SECTION S13 Rafferty Rafferty Tollelson Architects 34 Easter Lutheran Church Master Plan Section 5 Master Plan Concept IarcHEN FU-LC~ ENTRY ADM rrc LIBRARY CtiAP�- r - --� T T. (GREAT POOM OPEN BELCW) PRACME i WOFSW cer'ER i ROOMS i Ri PRAG ENTRY` MAIN LEVEL FLOOR PLAN 60 200 SF FLOOR PLAN (MAIN LEVEL) V 31 Laster Lutheran Church Master Plan Rallcrtv Rafferty Tollcfson Architects /D , Section 5 Master Plan Concept ADUk FCCWr UPPER LEVEL FLOOR PLAN 10 500 SF FLOOR PLAN (UPPER LEVEL) RatTcrty Rafferty ToIlrCson Architects 33 Eastcr Lutheran Church Master Plan Section 5 Master Plan Concept YOUTH ROO►B __j-►NTNG A00m: i CFEAT HOCM Fr1 WE* ROM 5 F1------- LLLJ LJ LOWER LEVEL FLOOR PLAN 33 300 SF FLOOR PLAN (LOWER LEVEL) Rafferty Rafferty Tolle,fson Architects 32 Easter Lutheran Church Master Plan Z, n A B l w �+ Phasing Areas Bldg Area Area Description of Activities A Fellovvship Hall, Youth Rooms, Kitchen, Lobby / Hallv�.ey 13,450 B Family Life Center, Preschool Area, Infant & Toddler Center / Classrooms, Receptionist, Administration, Lobby / HalMeys, Locker / Shovers, Mechanical 29,070 C Sanctuary, Library / Lounge, Meeting Rooms, Hallv�eys, Sacristy, Narthex / Gathering / Hallvays, Parking Structure 35,400 D Learning Spaces, Meeting Rooms, Music Practice, Chapel, Choir Practice, Lobby / HalMeys 26,080 All Total Building Area (gross square feet) 104'000 PHASING AREA PLAN �3, Metropolitan Council Working for the Region, Planning for the Future January 13, 1999 Mr. Bob Kirmis Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: City of Eagan Comprehensive Plan Amendment—Easter Lutheran Church Metropolitan Council District 15 Referral File No. 16964-2 Dear Mr. Kirmis: Metropolitan Council staff has completed its review of the comprehensive plan amendment received by the Council on January 11, 1999. The proposed amendment is for a land use designation change for a 2.4 acre parcel from Single-Family to Public Facility. We have determined that the proposed amendment is consistent with the Regional Blueprint, including the Regional Growth Strategy, and in conformance with metropolitan system plans. Therefore,the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide,the Council will waive further review of this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. If you have any questions regarding this review, please contact Linda Milashius, principal reviewer, at 651/602-1541. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning cc: Kevin Howe,Metropolitan Council District 15 Don Bluhm, Ann Braden, Linda Milashius,staff Sherry Narusiewicz,MnDOT Carl Schenk, Sector Representative AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St. Paul, Minnesota 55101-1626 (612)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888 An Equal Opportunity Employer Easter Lutheran Church James P. Borgschatz, Pastor 4200 Pilot Knob Road Thomas H. Johnson, Pastor Eagan, MN 55122-1822 Lois A. Pallmeyer, Pastor (651) 452-3680 February 9, 1999 City of Eagan Regarding our Application for Amendment to the Planned Development for Easter Lutheran Church and specifically the request for a zero foot set back from the proposed right of way for the parking structure. City Council and Staff: 1. The needs and concerns of Easter Lutheran Church in the proposed Planned Development amendment and those of the City of Eagan overlap. Both of us want the very best development on that site which respond to all the issues including water quality, preservation of trees and open space, impact on the land and community as well as highest and best use. 2. Under normal circumstances the ordinances of the City insure that developments address and meet these needs. The normal set back of 20 feet from a right of way is designed to keep a sense of openness, provide for adequate screening of parking and drives, provide for access to utilities, safety accessibility and similar services. The occasion of our request was brought about by the notice of the County that they would be requiring additional right of way for the future needs of the County Roads adjacent to our property. That additional land is 40 feet along Cliff Road and 25 feet along Pilot Knob Road. Normally, that would mean the proposed development would simply move that much away from those proposed right of way boundaries. But our circumstance is different. Thomas Lake won't move. And the amount of land remaining between the right of way and the set back from the lake is finite. 3. Because there is a significant elevation difference between the roads at the intersection and the lake we believe it is in the City's best interest as well as our own to utilize the 20 feet of land guided for set back from the right of way inside the development rather than on the edge of it. 4. Screening can be accomplished in a variety of effective ways for the ramp. First 70% of the ramp is already screened from view because it is stacked space. Second a safety fence would need to be built on the top of the retaining wall for the ramp allowing effective and esthetic screening with vegetation (such as ivy) or other products. The ramp surface that is proposed is well below grade and would not be seen any more than if a solid five foot wall would shield it on grade. Further, the County has indicated that it has no objection if we plant screening material in the right of way as long as it is understood that they are not responsible to maintain it and if they need to remove it that they could without objection. 5. Safety is a significant issue. The proposed development allows for full and free access to the building and the parking structure in the garden like area between those structures. If it is necessary to squeeze that area, plantings and trees and other garden development would have to be � / excluded to accord that full and free access to fire trucks and emergency vehicles. It is in the City's best interest here as well as ours to utilize the set back area within the development instead of at the edge of it. 6. There is a concern about precedent with a zero set back. First, there is no other condition in Eagan that is similar to this. Second, there are no other ramps that are planned for a tuck-in topography as we are proposing. This is a creative solution for all. Third, issues that present themselves with closer than 20 foot set backs can be addressed with mitigating planning. Such issues include snow storage, water drainage,maintenance and utility access (they are already in the proposed right of way) already have two or three possible solutions. Our commitment is to find economical solutions that work for both us and the City. 7. The last reason for our request is primarily our own issue. We purchased the additional 1.8 acres of the fourth parcel in order to improve the whole development including access to the roads. The current Planned development agreement shows the structure closer to the county roads because the additional right of way was not requested at that point. The County request results in a 1.6 acre loss to the sight and to our development land. With City cooperation some of that loss can be mitigated by utilizing the set back area inside the development instead of at its edge where it does the least good for the lake, for the church's use, for the community use of the space. So it is with some level of confidence that this request for the zero set back condition for the parking and ramping structure is in the interest not only of the church but of the City and the County as well. On behalf of Easter Lutheran Church, James P. Borgschatz, Pastor CENTERLINE PLAT KNW RD PROPERTY t u r • _ Iill a ' aaasee r ; i d Y R f . 0 RAFFERTY EASTER LUTHERAN CHURCH PROPOSED =km ROAD EXPANSION PLAN RAFFERTY THOMAS LAKE SITE Date: 2/9/1999 TOLLEFSON Scale 1•=150-0- ARCHITECTS �` ESOTA X—Refs: Xxx Al 253 EAV UNM mica GADO FTIe XXX 00)SAN - 1 FrxON) 0°1°' / Detail/Sheet Reference No.: XX/XXX P.l a.wa n.p.)smM RRT Project No.: 9791.01 9+¢T No. Agenda Information Memo February 16, 1999 Eagan City Council C. RELEASE OF OPTION ON OUTLOT A, PINETREE FOREST (ROYAL OAKS REALTY) ACTION TO BE CONSIDERED: To approve or deny a release of an option to acquire Outlot A, Pinetree Forest, for right-of-way purposes. The subdivision is located in the southwest 1/4 of Section 36. FACTS: • The final plat for the Pinetree Forest Addition was approved by the City on Sept. 2, 1997. During consideration of that development proposal, the Advisory Planning Commission and City Council expressed concerns regarding the need for and timing of a second access to State Highway 3 along the 120th Street alignment. No further development is to occur until a second access is provided. • At that time, the City of Rosemount's Comprehensive Land Development Plan did not provide for the extension of utilities to accommodate similar urban development adjacent to the southerly side of 120th Street. Their future proposed Land Use Plan had a designation of Rural Residential. This provides for 5-10 acre "estate" lots with no utilities. • There was a concern regarding Eagan's ability to finance the improvement of 120th St. which would serve future urban residential lots with utilities in Eagan and large estate lots without utilities in Rosemount. Extensive right of way would also need to be acquired. The Council thought that it might be more economically feasible to relocate the 120th St. alignment into Eagan to facilitate development of urban lots along both sides instead of the "single loading" option. Hence, a condition of approval was added that Outlot A be reserved for optional acquisition by Eagan for$1, if necessary, after the Comprehensive Land Use Plan update had been completed. • The developer is now requesting that the City release its option to acquire Outlot A so that parcel can be replatted as a lot, and sold. The developer indicates that having this outlot reserved leaves some uncertainty for potential buyers and has affected sales of adjacent lots in the development. The developer has submitted a letter and supporting documents explaining their request. • Rosemount's current draft Comprehensive Plan shows 120th St. as a Community Collector street along its current alignment with no time frame. But the plan also show the land along this street as being served with utilities extended from Eagan. Since the Transportation and Utility chapters of our Comprehensive Plan update have not yet been completed, the alignment and functional classification issue has not been resolved. Additional discussions need to continue with Rosemount regarding the timing and best alignment. Therefore, it appears releasing the city's option to acquire Outlot A would be premature at this time. ATTACHMENTS: Area Map, page63 Letter and supporting documents from Royal Oaks Realty, pages a through 6o?. �� GfR HACKMORE DR-LLJ DR HACKMORE 1 2 0- $ 17�e l/ HACKMOR GO�� CALVIN o (77 �i RNF CT. CT. OQ. / -Twp ' S E Z CRIMSON LEAF G~ AG J �1V1NG s° FARM25 TRUL w 4400 48 PARK -� = 16 R. UMM LN. i t� X SqTLAn ?� ? COV C . W Z 52 ,1C �Y o "Ell 2 SU�DBERRy' - . .,LYNXW� ' �4i �� r: KAY �_ E TI Cr V),..{ i Z aE� o =1 KAY LAKE } Lw -:: I a �n HAY E <Z, y DR.N. �C J! . ¢ POND OVERHIL?L v Y Y O I i CLIFF ROAD 4600 _ DR. ILS c \ ALLAN ti� Ct. W H McDONOUGH 3 � LAKE LN. u IDD r LLQ 49 LN w e ¢. ° T 0�� U 0 �Cy RD. fi a AVL. N' w m WESTON LLI SCHULZ HILL Z LAKE o FRZ LAKE PL. — o ly � R C W 36 LANE4800 NAwoo � I w� Rfp8� o J SYCAMORE CT. f N i LN. 3 i ;= HITE 1 P NE WAY lz 50 FARM RD GUN m ; PINE WAY 1 DEN SPRUCE z ORNER ST. i > m PARK W U z N D 7 BUTWiN ROAD V Li 000 12 12Dth ST. ROSEMOUNT AREA MAP 63 ROYAL 01AKS Rp REALTY, INC. February 3, 1999 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mayor Patricia E. Awada, and City Councilmembers Paul Bakken, Bea Blomquist, Peggy Carlson, and Sandra Masin: Our company is requesting the Eagan City Council to drop the City's option to acquire street right of way across Outlot A in Pinetree Forest. Condition number 17 of a motion to approve the preliminary plat stated the following: The owner andlor developer shall dedicate upon the plat Outlot A for the future construction of 12e Street. The ownerldeveloper shall grant to the City an option for a period of five years to acquire the property for one dollar for street purposes. A copy of the recorded agreement is attached. At the City Council meeting on March 18,1997 and in relation to the approval of Pinetree Forest, discussion was made on the possible future connection of 120th Street West to State Highway 3 as another neighborhood outlet for traffic. Hence the City wanted to keep their options open and hold Outlot A for a possible realignment of 120th Street west. We believe for the following reasons that the City Council should release their option to acquire the Outlot: 1. That portion of 120th Street south of the single-family lots in Pinetree Forest should not be vacated. That existing road not only serves as an access into Pinetree Forest (via Pine Lane) but it also serves access to a number of rural estate homes in the cities of Inver Grove Heights and Rosemount. 2. Outlot A is approximately 2000 feet east of the Highway 3 right of way. There is ample distance between Outlot A and Highway 3 to plan a prudent 120th Street alignment without utilizing Outlot A. 4196 Lexington Avenue • Shoreview, Minnesota 55126 • (651) 483-5518 9 Fax (651) 483-5642 3.The configuration and location of Outlot A relative to the newly constructed Sycamore Drive does not provide for the proper geometric needed to build a collector street intersection. We currently have a party interested in the purchase of Outlot A for the purpose of constructing a single family home. Lot 10 north of the outlot has been sold, however we are unable to sell Lot 11 (south of the outlot) because people fear that the lot will have a street on three sides. An application for the replatting of Outlot A has been made to the city staff. The final plat hardshells have also been made. The Planning staff did not want to proceed with a request for Final Plat approval until the City Council first discussed the release of the option to acquire the outlot. I plan to attend the February 16, 1999 City Council meeting to answer any questions you may have of our Company. Ytou.rs ruly, Michael J. Black ZZ4 if fp Xq V IL P. 5 1 j -E I-M S 3 �as Al 'fi W� • .Ui:- 1223— 21 u Ulu k Em to cr Ire Cm it, V Ai, i A i i•" .l P i �~'� 6 a 1 r go, Blip, ........... D 6 ar)-o Nro sx v MAM= t7 R.LS MCI 9900. OONOTCS MORA/EN TS TOIArJ. S LOT L.NES NO NONIA ENTATICN SHOWN AT ANY STATUTE - N WOTM REOUNNED LOCATION NOCATES A R-AT MONUMENT MAT WILL K SET STMN ONE YEM OF THE _OT LOWS RECOiRONC OF THIS PIAT. SAID MONUMENT WILL PLAT. K HMiQO BY R.LS. No. 90M - _ t TR T L' _ \�_---�----- -----•l;-----;-----.,I CITY OF ROSE 9012 01 IST •�^1� 1 1x6 100 1'L I I . .. . •• .. .. I 1 :::I t: I wE T SE LINE 36 MSE 1/4 O M SE 1/4-l-,• _ -____607.52__1____ 1 I g T SECTION 36, 227. R23 I / I I NB949'1N3 6 / t' 1332.501 I I b 3 0_Lr3a oO06 1 -__-- _ r--T4n-7--I -------$9s.9e------- 7t I San r-Tw.ff-] r-lwcu-1 r ,00.00 1 r-,cK(o-1 b b I DRAINAGE k __ 14, j;+ 8 14 a Is ` 81 11 � 8 g 11 FJ UTU TY EASEMENT rlh r L" �` r 5x21 L^' `-� I- I W 1 �I I Jcl 1 L__&W4i S2'E_ yp1�•y- Cb BRC- IL I I I I I I I --T4757--� R-752-17 _ 1 70°90. L_100.OQ_J L_1Da02LJ L_ �_J L_�6b 02_3 b JO' L-2i-62 -L�_k- p.t9 b I$ 1 500•,}',8,E--- L-5496' SMEET ��?Tp -TS i •ACI A7 Ib b.,, o-arATJ6- _ =+ - , A-04.40$5-R -.1 Y .as.Jt R E-�J0 R-722.,7 - ---- - -- - R-72217: rOQOr J27.b D-4S7J•1/'. u T 1 L-to.00 aS_if L-59.07 1 S; T--- S� E- 83'5 tom_1/66.41 S2'£_J A-Ori3'05' '1FY _ I rd TiiL45--� 13 R-722.17--- ( r(��i 1a 021 r 73630 1 r AZ1S Lp�, D VL7y J L-2796 I oo I 1 1 do`y1 a I '/'1 z ib ao2-so'o'•' C '4 moo- oI B II I s�� g I oq bS•SOOi°•E R-$92.17 18 I B 81 i im703� L-x-� _ f'I r• I I ��- _-- o L_Nd9aL32.•.E_J L J4d9�t�ZF_J L_N69._tt"3Y_E._J L_6a v'SIt L4 Jo 30 - r M90W'00'� r a� b 130 L_%W.:4L52_E_J e L_NG9!fli5Z3_J L-A}fl9�:' _J L_NS9St527 o _i� ': m � �� $� oma! 1d r DRAINAGE !, p O L'Ty.JT7 ESaN T.1 29 , ---- r L------ LtJ L_-hag.!.�:52F� J L__rid9�t3L"`- �EJ.,�/`' •�' c{ 1-r, --- - 4".371'4 '52-E J71'5 -E "o Of NS * �=-};�----� I I• 11 L_Na9 t 3z•r J ^i L Jfd4�lS�_J Sa9•Nr'S2'w 0 _- -1-V 30-- \ ti -- oJ�j.\ L I I I .+J v�`_��t-p'`•r 1---1�`' � SI I I I � I L-N69.�L52'L.� 202 - - I O � •st'S._E LSd9�l'SI,I_ -x7630---' W F g cr Q: ' ! L_N69s LSzL J � o - L_JN69�LSrF_J $ 30-- = r-136.30--r .4c7 u� r--{Sly,- -1 r W I I > I I V O isI I $�Z IB $I I 3 IN 18 8 $1 =' 1$ $I 9 I !- tR 1 I a I I I I �I L_hLS:..LS7'F J C L11C91132"F_J I r-X30-_ _ - ._� L JiCa:�L•SZT_J r__r�3�-� m r�J$.3O---i I I To I b I$ 9 81 I 2 $1 ( 1$ Q3 OJ 81 $I = I $I I L1/694,373_J r---:97n- O I 139 __ -1 -133.so-- 84 ^ Im 20 8'1 b 1 a i I b'b .otr� b 81 gl I __ _ I $I I I I I e1 �b-/ �`N09:liST:L J SUBJECT LJL523-J L--'�s0__J L�18 �_ '� �� PARCEL 8 �-- e - � -00 -7e �.42�'D- 8 � KvV 9 v I 30 �iN5a.3o J I B3D-i rZ$-ap N• ��i' C L_ tl0�� b il 21 I I 1 1 3 l \ \ ._; L_-',54•x__J J0 I J0 100.:70_J L_!Soo_ L_S20-1 L_-_-199.50 ---W7.90 , � NIsa,6120th STREET WEST.i, _ R .9.40 .0- S89'40'29"W ---. I 1336.21 — � r t :• OPTION & WAIVER AGREEMENT T IS OPTION AGREEMENT is made and entered into this o?NV day of �, 1997, by and between ROYAL OAKS REALTY, INC., a Minnesota Jc oration (hereinafter "Landowner") and the CITY OF EAGAN, a Minnesota icipal corporation (hereinafter the "City"). WHEREAS, the Landowner is the owner of property in the City of Eagan, and legally described as Outlot A, Pinetree Forest, Dakota County, Minnesota according to the recorded plat thereof; and WHEREAS, the Landowner acknowledges the benefits accruing to it as a result of the approval by the City of the plat of Pinetree Forest and will execute a Development Agreement, which Agreement provides for the future construction of a road across Outlot A; and WHEREAS, in consideration of the approval of the Pinetree Forest Addition, the Landowner does hereby agree to grant the City an option to acquire a right-of-way, drainage and utility easement over, under and across Outlot A, Pinetree Forest Addition, Dakota County, Minnesota, according to the recorded plat thereof subject to the terms and conditions stated below. NOW, THEREFORE, based on the foregoing facts and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landowner and City do hereby agree as follows: 1. The City is hereby granted an option to acquire a permanent right-of-way, drainage and utility easement over, under and across Outlot A, Pinetree Forest Addition, Dakota County, Minnesota, for the sum of One and no/100 Dollars ($1.00). This Option may be exercised by delivery of a written Notice of Intent to Exercise to the owners at the following address: 6� Royal Oaks Realty, Inc. 4196 Lexington Avenue Shoreview, MN 55126 Upon receipt of said Notice, the Landowner shall deliver to the City at: City of Eagan Attn: Thomas A. Colbert, Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Severson, Sheldon, Dougherty & Molenda, P.A. Attn: Michael G. Dougherty, City Attorney 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 A unencumbered easement, over, under and across Outlot A, Pinetree Forest Addition for right-of-way, drainage and utility purposes. Landowner shall provide the City with evidence or unencumbered title to said Outlot A. Such easement shall be delivered to the City within thirty (30) days after receipt by the Landowner of such Notice of Intent to Exercise. This easement is being given to the City as a requirement under Minn. Stat. §462.358 and the undersigned recognizes that no additional consideration will be received for the granting of the easement. 2. After this Option is exercised, the City intends to build and construct right- of-way, drainage and utility improvements over and across Outlot A, Pinetree Forest Addition and to install such other improvements in connection therewith that the City may deem necessary, including but not limited to, signage, sidewalks, streetlights, sewer and water mains, and other utilities (hereinafter referred to as the "Public Improvements"). 3. All costs and improvements incurred by the City, its agents, servants and contractors regarding the construction of the Public Improvements shall be charged, assessed and levied against the lots within the Pinetree Forest subdivision. The Landowner agrees to accept the costs and expenses for the construction of the Public Improvements constructed over, upon and across said Outlot A, Pinetree Forest Addition. As a benefit to its respective properties, provided said assessments are determined m accordance with the standard practices and policies of the City. 6 4. The Landowner hereby waives notice of any public hearing under Minn. Stat. §429 and in connection with any public improvement and/or assessment pertaining to the construction of the Public Improvements, over, under and across said Outlot A. 5. The Landowner waives its right to object and appeal the adoption of the assessment for the construction of the Public Improvements as set forth in Minn. Stat. §429.081. 6. The Landowner acknowledges and agrees that the provisions of this Agreement benefit to the lots contained within the Pinetree Forest subdivision and shall run with each of said lots and shall be binding upon and inure to the benefit of all parties having any right, title or subsequent interest in or to all or any portion of said lots or any of them, their respective heirs, administrators, successors or assigns. ROYAL OAKS REALTY, INC., a CITY OF EAGAN, a Minnesota Minnesota corporation municipal corporation By: arcel Eibenstemer By: Thomas—A. Egan Its: President Its: Mayor f B .J. VanOverbeke Its- ity Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this o?St5 day of �K u s 1997, before me a Notary Public within and for said County, pers nally appeared MARCEL EIBENSTEINER to me personally known, who being by me duly sworn, did say that he is the President of Royal Oaks Realty, Inc., the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of the corporation. 1A LePAGE .4,�; t,,, r: ice-Mir;'�ESOTA (•? (r(X Q 1 Notary Public �0 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On thisaFNI? day of 1997, before me a Notary Public within and for said County, ersonally appeared THOMAS A. EGAN and E.J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. f � � Not P blic THIS INSTRUMENT WAS DRAFTED BY: '� � CAItGT�CCCNTY �a� SEVERSON, SHELDON, DOUGHERTY "` • '' My Come sic F p(re.�� 1,�� & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (612) 432-3136 RBB/wkt 206-14569 J6 of It JIIS? b E h I C2 • 00 ii— L------- -- to - w V, ui PROIPOSED FINAL PLAT Agenda Information Memo February 16, 1999 Eagan City Council Meeting VIII. NEW BUSINESS A. APPROVE RESPONSE TO DAKOTA COUNTY HRA ON THE GROUP FOR AFFORDABLE HOUSING'S APPLICATION FOR TAX-EXEMPT BONDS TO FINANCE THE ACQUISITION OF VIEW POINTE APARTMENTS ACTION TO BE CONSIDERED: To approve a response to the Dakota County HRA to the application submitted by the Group for Affordable Housing for the issuance of tax-exempt bonds to finance the acquisition of View Pointe Apartments. FACTS: • The Dakota County HRA has received an application from the Group for Affordable Housing to issue tax-exempt 501(c) 3 bonds to finance the acquisition of the View Pointe Apartments. • The HRA per its policy will not consider approving a final bond resolution before a 30 day comment period has elapsed, or comments are received from the host community, whichever comes first. • The HRA will not approve requests for bonds where a community indicates that the development is not consistent with the community's plan, policies, or goals. • At its meeting held on February 9, 1999 the HRA set a public hearing for March 9, 1999 at which time the project will be considered for approval. • The County Board will give consideration to the project later in the month. • The HRA will negotiate on behalf of the City to include appropriate language into the agreements to provide for items that the City Council would like to incorporate. • The agreements will require the payment of the City's multi-family housing fee of 1/8°i of 1% on the outstanding debt service principal balance. • City staff has met with the applicants twice; once before the application was submitted to the HRA and once subsequent to the application being received at the County. The HRA was represented at the second meeting. • The staff has raised three issues and requested a response from the applicant for the City Council's information. The issues include long term maintenance of the apartment complex, continuation of an appropriate income distribution among the apartment tenants, and complete participation by apartment management in the City's multi-family housing crime prevention program. • Although, this request covers an existing complex rather than new construction, this is the same process that was used with the Marice Manor Senior Living Community project that was recently approved by the City Council. ATTACHMENTS: • Enclosed on pages through-V—is a copy of the applicant's response to the issues raised by the staff as well as additional information about the benefit of non- profit ownership of the complex. • Enclosed without page number is information about the applicant, "Group for Affordable Housing". Group For Affordable Housing, Inc. 2855 Anthony Lane South, Suite 201 St. Anthony, A17V 55418 February 11, 1999 VIA: Facsimile/Mail Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55112-1897 RE: View Pointe Apartments Eagan, Minnesota Dear Mr. Hedges: Thank you for the opportunity to introduce our organization and explain the View Pointe Apartment transaction to you and your colleagues Monday afternoon. We would like to take this opportunity to expand on our meeting and to address several of the questions that were raised. Group For Affordable Housing is seeking the support of the City of Eagan for a tax exempt 501(c)(3) bond sale to enable it to acquire the 327 unit View Pointe Apartments located South of the Cedarvale Shopping Center on Rahn Road in Eagan. The View Pointe Apartments were listed for sale by Scott Pollack, United Properties, in the fall of 1998. Mr. Pollack received 15 offers for the property. Our offer was contingent upon an inspection of the property. the completion of a physical needs assessment, a review of the current rent roll, the consent from the City of Eagan and the approval and issuance of the bonds by the Dakota County HRA. We have advanced to date, $50,000 in non-refundable earnest money, and the timeframe for the purchase of this property is driving the accelerated request for consent and approvals from both the City of Eagan and the Dakota County HRA. With the exception of the City and HRA approvals, we have waived the balance of the contingencies. Our initial review of the Rent Roll and resident profile for the View Pointe Apartments confirmed what we initially believed to be the case. The property is occupied by an excellent mix of residents with incomes ranging from below 50% of the areas median income to those earning more than 80% of the median income. There are ten residents that are receiving Section 8 rental assistance through the Dakota County HRA. with the balance of residents paying market rents. This resident mix meets the requirements of the tax exempt bond program without any lease cancellations or any need Mr. Thomas Hedges February 11, 1999 Page 2 for relocation. We do not have any plans for changing the resident profile at this property, and are encouraged by the diversity of incomes because we believe that this diversity will contribute greatly to the long range success of this property. View Pointe Apartments offers an affordable rental option to individuals in the City of Eagan. We have included a profile of the current resident income and family size below (also see attaclunent). Income Breakdown Units Percentage Running Total Below 50 % of Median Income 117 36% 36% Between 50% and 60 % of Median Income 63 19% 55% Between 60% and 80 % of Median Income 68 21% 76% Above 80 % of Median Income 76 23% 99% Vacant 3 1% 100% Total 327 100% Section 8 Residents 10 3% Resident Profile Single 251 77% Family 60 18% Elderly 13 4% Vacant 3 1% Total 327 100% TENANT MIX Group for Affordable is the managing general partner of the Thomas Lake Pointe Apartments in Eagan. The developer of this property was Dominium. Inc., and they are the current property manager, and an additional general partner. The involvement of Group for Affordable in the Thomas Lake property was to enable the property to meet a component of providing affordable housing options for 40% of the units within the property. Today, Thomas Lake Pointe has set aside 86 units for occupancy by low and moderate income residents. REINVESTMENT INTO THE PROPERTY The current owner spent in excess of$1.8 million dollars on capital improvements over the last five years. A breakdown of the capital expenditures for the last five years is included as an appendix to this letter. Improvements included updating the appearance of the common areas, apartment interiors, club house/office area, and the building exteriors. In addition to the updating of the overall appearance of the property the owners replaced the following building components: Mr. Thomas Hedges February 11, 1999 Page 3 • Installed new appliances; • Updated the apartment interiors; • Installed new hallway carpets; • Replaced a majority of the apartment carpets; • Five Roofs have been replaced or built up; • One hundred twenty three garage doors have been replaced; • Forty seven first floor windows have been replaced; • Three new boilers have been installed; • All of the water heaters have been replaced: and, • All of the water softeners have been replaced. As part of Group For Affordable Housing's acquisition of View Pointe Apartments a capital reserve account of$350,000 ($1,070 per unit) will be established and will be used to complete the rehabilitation component of the acquisition. The capital reserve fund will be used to upgrade the remaining unit interiors and establish a fungible reserve that can be used for, but not limited to, the following items: • Replace unit carpet, • Repair and/or replace roofs; • Repair and/or replace windows; • Repair and/or replace boilers; • Repair and/or replace asphalt parking areas; • Repair and/or replace garage roofs; • Repair and/or replace garage doors; • Repair and/or replace portions of the plumbing; and, • General and miscellaneous repairs. In addition to the capital reserve account an additional $65,400 will be reserved for capital improvements on an annual basis. Both of these reserve funds will be used to replace major capital items. These reserve accounts will provide adequate funds for the replacement of major building components over the life of the loan. Proper maintenance and general upkeep of the property is essential for the long- term success of any property and the Group for Affordable Housing is committed to those goals. In the case of View Pointe Apartments, Group For Affordable Housing and Piper Jaffray have commissioned an Architect to perform a long-term projection of the property's capital needs. This report indicates that the property is in overall good condition. To ensure that the property will continue to be in good to excellent condition Piper Jaffray and Group For Affordable Housing have agreed to commission an Architect to perform a physical needs assessment every five years. This report will be used to readdress the annual contribution to the capital reverse account and to address any repairs that may immediate attention. The loan documents will require that the replacement reserve never be less than $65,400 annually. Mr. Thomas Hedges February 11, 1999 Page 4 In addition to receiving a Physical Needs Assessment and Phase One Environmental from Nova Engineering, and an MAI Appraisal of the property, Dominium Inc. assisted us in the overall evaluation of the property and the physical plant. Their staff conducted a unit inspection of the property that covered a random fifty percent of all housing units. Their inspection found the property to be in overall excellent condition. We have included a list of the capital improvements that have been completed at the property over the past several years. We have also included a listing of proposed longer-term capital improvements. As we indicated earlier $30.000 has been set aside as an initial reserve for replacements. and the property is budgeted to contribute an additional $65,400 annually. EAGAN'S CRIME FREE MULTI-HOUSING PROGRAM The View Pointe Apartments are presently participating in the Crime Free Multi- Housing Program in Eagan. Dominium, Inc. as manager of the Thomas Lake Pointe Apartments is also participating in this program for Thomas Lake. We would expect as a condition of Dominium. Inc. management of this property that they continue with the certification process and continue to use the Lease Addendum for Crime-Free/Drug-Free Housing at View Pointe. In speaking with Dominium, they are active in Crime Free Multi-Housing Programs in Richfield. Brooklyn Park. Anoka. Champlin. Coon Rapids and other communities in the Twin City area. Dominium manages in excess of 15.000 multi family units. Managed properties include luxury housing. affordable housing, assisted housing and senior housing. The View Pointe property is a management opportunity that they, are looking forward to working with the City of Eagan and continuing their involvement with Eagan's Crime Free Multi-Housing Program. SUMMAR Y The acquisition of View Pointe meets the goal of our Board by providing safe, sanitary and affordable housing opportunities both currently and into the future. We believe that through the acquisition of older, well maintained and well situated properties in strong and growing communities. and through a combination of lower fixed rate financing, professional management.. maintenance, and carefully planned long term improvements that this property will be an excellent investment for us and for the bond holders. We also feel that the City of Eagan will benefit from a non-profit owner because cash flow from operation will be funneled back into the property in the form of reserves and capital improvements, rather than partnership distributions. �19 Mr. Thomas Hedges February 11. 1999 Page 5 We are scheduled to attend the Council Meeting on February 16t" and are prepared to address any additional question you might have at this time. Sincerely, Group For Affordable Housing, Inc. Robert Foster, Esq. Copy to: Eu;eue J. Van Overbeke, CPA, City, of Eagan Jamie Verbrugge, City of Eagan Mark Ulfers, Dakota eomaj.,HRA Teri Wirt, Dakota County HRA RF/msm View Pointe Apartments Eagan, Minnesota Affordablity of Rents Current Monthly 60%Of Median Difference Between Rent Current Rents Rent Rents Levels Crestview studio $ 499 $ 667 $ 168 Cliffview 1 Bedroom/1 Bath/Interior 567 715 148 Cliffview 1 Bedroom/1 Bath/Interior 578 715 137 Cityview 1 Bedroom 11 Bath/Comer 589 715 126 Parkview 2 Bedroom/1 Bath/Interior 682 858 176 Valleyview 2 Bedroom/1 Bath/Comer 699 858 159 Total/Average $ 602 $ 755 $ 152 60 %Median Median Area Income Levevls Area Income Income One Person Household $ 26,700 $ 44,500 Two Person Household 30,540 50,900 Three Person Household 34,320 57,200 Four Person Household 38,160 63,600 Five Person Household 41,220 68,700 Total/Average $ 34,188 $ 56,980 06) O f� M O O to CO CO O O CO et O O f� O O r to O f� Oo O O O � � w 07 f, M OCTco- lq U") (O r, N M M Cn r t[) (O M M N CO O CO O CC) M O op — M N M et 00 N D N et p M N CO er M I., N It N N r co 601) E4 O O cc O O O O O O O O O O O cc O O O O O O O O O Go O M ' ' O O ' O ' ti ' ' ' O ' ' CO ' O ' ' ' ' O O O ' CO M p C) O It O CC) p CO O Cn C7 O� M qqr O tt Mr- F CO M 00 O O O O O O 00 Cn 00 O O O 0 0 0 Cn O 0O0 O fO OLQO' ' O ' O ' O O O O ' CO ' N M O� toN PI- O O � 'Ct N O O CO) CO M N N N N ce 600. O co to U') M OD N CO i r- 0 Lr) 1 1 i 1 1 1 1 � � i I i i I I I i i I Cn � M N O p /�( F Iq �1 CC3 O O CO qt CO 0 0 0 0 0 0 0 0 0 O N CN r 0 0 LO 9 � CC') O O O 0 q O O N N- `/ O 00 00 O p ' O M f- O O 00 O I- � CO ' ' ' ' ' ' ' ' ' O O 4-4D N C m O 1, M V p to G O O N C6 L � (O '- � M O ' M M N r 00 N N p 603, 6013 CA cco O O o 0 O LO (3r) ' M O ' ' CO of MI CO I i f i I i I i � N r .'� N M cl d ( O Nq � CO M O Ch M F N 69 yq N WY CA CL c EH E •c E N CVC O C a E C O '. y O a ` 'O 0 c y N L y d j d N CU H `O p C a' C+�f w CC N Y E c ca (D CLOWO o o > -C c a � cc ia . tcC �� HUa o o �UoM O m o0o CC ? U a -i - acc CL UW o mo0 a� ° c rn 'c •c . a? c Vc Q) o CL c CL > . (D -p U) CVV ° CD IL- cndC < L ) wil � U -) IxmUcl � cvmwa 3m` V Agenda Information Memo February 16, 1999 B. CONTRACT 98-24, BLUE WATER ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 98-24 (Blue Water Road - Street and Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 11, 1999. FACTS: • Contract 98-24 provides for the new construction of the street and utilities for Blue Water Road as outlined and discussed in the feasibility report for Project 746 and a portion of the realigned Blue Gentian Road as presented in the feasibility report for Project 745. • On August 18, 1998, the City Council held a Public Hearing for Projects 745 and 746. After hearing presentations and comments from some of the affected property owners within the area adjacent to the proposed improvements, the council approved the projects and authorized the preparation of detailed plans and specifications. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Agenda Information Memo February 16, 1999 Eagan City Council C. PRELIMINARY SUBDIVISION (HITTNER ADDITION) - KEITH HITTNER ACTION TO BE CONSIDERED: To approve or deny a Preliminary Subdivision to create five lots and one outlot, with a Variance to allow parcels without public street frontage, on 4.8 acres at the southeast corner of Pin Oak Drive and Nicols Road in the NE 1/4 of Section 31. FACTS: • The proposed development site consists of the applicant's lot at 4700 Nicols Road. The subdivision would create five lots and one outlot. The existing home will remain on Lot 2 and the applicant plans to build himself a new home on Lot 1. A private drive is proposed to serve all five lots. A Variance is required since two lots (Lots 3 and 4) have no public street frontage and will be served only by the private drive. • The site is largely wooded and contains two wetlands. The conditions of approval require that a 30-foot ungraded buffer around the wetlands be maintained and the grading plan will need to be revised to reflect the buffer. Each of the new lots will be custom graded at the time of construction and compliance with the Tree Preservation Ordinance will be determined at that time. • The Advisory Planning Commission held a public hearing on January 26, 1999 and did recommend approval, subject to the conditions in the APC minutes. ISSUES: • There is a gap of apparently unclaimed property between the east side of the development site and the western boundary of the Vienna Woods development. Staff has some concerns about the continued unclaimed status of this strip of land and the potential for tax forfeiture in the future. The applicant has indicated he is willing to work with the City and the County to resolve the discrepancy, but does not want to incur additional costs or delays since it apparently resulted from a surveying adjustment by the County. The applicant has stated that it would take about one year and cost $5,000 to $10,000 to undertake the process to claim that land. • During the public hearing, the applicant asked that the swimming pool be allowed to remain until new construction begins so that the cost of removing the pool can be minimized. The APC was amenable to this suggestion, so long as it is written into the Development Agreement and financial security is granted to the City to ensure that the work will be done. ATTACHMENTS: January 26, 1999 APC Minutes, pages through Staff Report, pages through,&S' 0-1 Page 2 r January 26, 1999 ADVISORY PLANNING CONMSSION t PUBLIC HEARINGS PRELIMINARY SUBDIVISION AND VARIANCE HITTNER ADDITION - KEITH HITTNER Commission Chair Heyl opened the first public hearing of the evening regarding a Preliminary Subdivision (Hittner Addition) to create five lots on 4.8 acres, with a Variance to create lots without public street frontage, on property located with the southeast corner of Pin Oak Drive and Nicols Road in the northeast 1/4 of Section 31. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated January 21, 1999. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak highlighted the concerns staff had with the feasibility of Lot 5 as a building site. Ms. Dudziak noted the 30-foot wetland buffer, slopes, trees and a necessary cul-de-sac provide limitations to the ability to build on Lot 5. Ms. Dudziak also pointed out that a gap exists to the east of the applicant's property and staff has asked the applicant to explore the possibility of including the area within the plat. The applicant, Mr. Hittner addressed the Planning Commission noting concerns with items 3, 4 and 5 of the proposed conditions to the approval. Mr. Hittner expressed concerns over the time and cost to acquire the gap area. Mr. Hittner further expressed concerns as to the timing of when the swimming pool had to be removed and questioned the requirement for the 30-foot setback from the wetlands. Several residents addressed the Planning Commission with respect to the destruction of open lands and loss of trees. These residents also expressed concerns with the impact to the wetlands associated with the area. Chair Heyl closed the public hearing. Discussion ensued with respect to the removal of the swimming pool. The applicant and staff agreed that the item could be addressed in the Development Contract with the grant of financial security to the City. Member Segal moved, Member Tilley seconded, a motion to recommend approval of Preliminary Subdivision (Hittner Addition) to create five lots on 4.8 acres, with a Variance to create lots without public street frontage, on property located with the southeast corner of Pin Oak Drive and Nicols Road in the northeast 1/4 of Section 31, subject to the following amended conditions: U Page 3 January 26, 1999 7 ADVISORY PLANNING COMMISSION 1. The Developer shall comply with these standard condition of plat approval as adopted by Council on February 3, 1993: Bl, B4, C1, C2, DI and El 2. The property shall be platted. 3. Prior to final subdivision, the Developer should explore more fully the possibility of obtaining the land east of this site and west of Vienna Woods for inclusion in this subdivision. 4. The swimming pool shall be removed in accordance with the Development Agreement to be approved by the City with financial security granted to the City to be held until the swimming pool is removed simultaneously with any new construction. 5. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of both wetlands shall be preserved. The final grading plan shall be revised to maintain this buffer area around the wetlands and grading on Lot 5 shall be done so as not to encroach on this buffer. 6. A cash water quality dedication is required in lieu of on-site ponding. The cash dedication required is based on the area and impervious characteristics of developed lots and is payable at the time of final subdivision. 7. The private drive shall be constructed with concrete curb and gutter to a minimum width of 20 feet (face-to-face of curb) as required by City Code. The drive shall also be constructed with a vehicle turnaround at its south end in accordance with City standards. 8. A homeowner's association shall be established for the ownership and maintenance of Outlot A, the private drive. Outlot A shall be designated as common area and with the recording of the plat, the Developer shall also record conveyance of Outlot A to the homeowner's association. 9. Ponding easement to three feet above the calculated high water level of the wetland shall be dedicated on the final plat for this development. 10. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for each of Lots 1, 3, 4 and 5. O Page 4 January 26, 1999 ADVISORY PLANNING COMMISSION �a 11. Lots 1, 3, 4 and 5 are subject to a cash parks and trails dedication payable at the rates in effect at the time of final subdivision. All voted in favor. Member Segal noted that the property was already zoned for single-family and that the subdivision request met the City's ordinances. Chair Heyl noted the amount of trees being preserved in the development and noted that it appeared the developer was making an effort to save existing vegetation. g6 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 1998 CASE: 31-PS-11-12-98 APPLICANT: Keith Hittner HEARING DATE: January 26, 1999 PROPERTY OWNER: Keith Hittner PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision LOCATION: 4700 Nicols Road COMPREHENSIVE PLAN: D-I, Single Family (0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Keith Hittner is requesting approval of a Preliminary Subdivision (Hittner Addition) consisting of five lots and one outlot on 4.8 acres located at the southeast corner of Pin Oak Drive and Nicols Road in the northeast 1/4 of Section 31. The request also includes a Variance to allow parcels without public street frontage. AUTHORITY FOR REVIEW 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. 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. Planning Report - Hittner Addition January 26, 1998 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the 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 Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is unplatted and contains a single-family home constructed in 1967 and an in- ground swimming pool installed in 1985. Access to the home is from Pin Oak Drive. There is a gap of apparently unclaimed property between this site and Vienna Woods to the east. This gap may have resulted from a previous surveying error or adjustment. The subdivision and platting of the applicant's property raises some concerns about the continued unclaimed status of this strip of land and the potential for tax forfeit property. Although the city is unable to require the inclusion of this strip into this plat if it is not under the applicant's ownership and control, the developer should explore more fully the possibility of obtaining that land for inclusion in this subdivision. Planning Report - Hittner Addition January 26, 1998 Page 3 EXISTING CONDITIONS The existing residence and swimming pool are located on the northeast portion of the site. The southwest corner of the site is heavily wooded with steep slopes. The site contains two wetlands, a larger wetland in the center of the site and a smaller wetland in the southeast corner. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Residential, zoned R-1 (Residential Single Family); guided D-I (Single Family Residential) South - Residential, zoned R-1 (Residential Single Family); guided D-I (Single Family Residential) East - Residential, zoned PD (Planned Development ); guided D-I (Single Family Residential) West - Nicols Road and State Highway 77 (Cedar Avenue) EVALUATION OF REQUEST Compatibility with Surrounding Area - The surrounding area is developed with single-family residences. The proposed residential subdivision appears compatible with the surrounding development. Airport Noise Considerations - This property is not within an airport noise zone. Density - The five lots on 4.8 acres results in a gross density of just under one unit per acre (.96 units/acre). Lots - The lots range from 13,559 square feet (Lot 3) to 76,779 square feet (Lot 1). All of the lots meet the minimum 85-foot lot width and 12,000 square feet lot area requirements of the R-1 zoning district. The swimming pool (an accessory use and structure) cannot continue to exist on a separate lot without a principal structure (house). For this reason, the pool should be removed prior to final subdivision approval. Setbacks - Sufficient area is provided to meet the R-1 zoning district requirements for a minimum front yard setback of 30 feet, a rear yard setback of 15 feet and side yard setbacks of 10 feet for the house and five feet for a garage. Landscaping - A landscape plan is not required with a residential subdivision. Planning Report - Hittner Addition January 26, 1998 Page 4 Grading/Storm Drainage - The preliminary grading plan is acceptable. The site generally drains towards a wetland in the middle of the site. The developer is proposing to grade a private drive from Pin Oak Drive extending to the south through the central portion of the site. The grading to accommodate the private drive to Lot 5 will encroach on the 30-foot ungraded buffer area around the wetland areas as required by the City Water Resources staff. The final grading plan should be revised to maintain this 30-foot buffer area. The house pads for Lots 1 and 3 - 5 are proposed to be custom-graded at time of building permits. Storm water runoff from the development will drain to the existing wetland on the site. This wetland discharges to an existing storm sewer in the northeast corner of the site. Wetlands/Water Quality - The site is located in Drainage Basin A, in southwest Eagan. Only approximately half of the 4.8-acre parcel will be developed under this proposal. The development will generate runoff that will be discharged to Pond AP-9, a 5.5 acre pond designated as a sediment basin in the City's Water Quality Management Plan. Pond AP-9 in turn discharges to AP-39, also classified as a sediment basin, which then discharges to the Minnesota River bottomlands. There are no recreational classified water bodies downstream of the proposed development. Because this is a small development, and there are already two natural wetlands located on the site, staff recommends that no on-site ponds be constructed to treat runoff from the impervious areas of the development. However, a cash dedication in lieu of on-site ponding is recommended. The cash dedication required is based on the area and impervious characteristics of developed lots and is expected to be from $1,300.00 to $1,450.00. No filling or draining of the wetlands is proposed. However, to accommodate the private drive and overflow, the grading plans show grading in the area between the two wetlands and between the larger wetland and Lot 4. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of both wetlands should be preserved. Grading on Lot 5 should be done so as not to encroach on this buffer. Utilities - Sanitary sewer and water main are available at Pin Oak Drive for connection and extension through the development. Access/Street Design - The developer is proposing to construct a private driveway from Pin Oak Drive to serve all of the lots within the development. Although all of the lots will be served by the private drive, only Lots 1, 2 and 5 have frontage on a public street, either Pin Oak Drive or Nicols Road. Lots 3 and 4 have no public street frontage. The City's Subdivision Code states that as a general rule, the City shall not permit land locked parcels or parcels that are served only by private easements. Consequently, a Variance is required to allow parcels that do not have public street frontage. The private drive is less than the maximum length of 500 feet allowed by City Code for a cul-de- sac. Because the drive serves more than four lots, it should be constructed with concrete curb and gutter to a minimum width of 20 feet (face-to-face of curb) as required by City Code. The Planning Report - Hittner Addition January 26, 1998 Page 5 drive should also be constructed with a vehicle turnaround at the south end in accordance with the City standards. Construction of the turnaround should occur in a manner that does not encroach on the 30-foot buffer area around the wetlands. A homeowner's association should be established for the ownership and maintenance of Outlot A, the private drive. Outlot A should be designated as common area and with the recording of the plat, conveyance of Outlot A to the homeowner's association should also be recorded. Easements/Riahts of Way/Permits - Ponding easement to three feet above the calculated high water level of the wetland should be dedicated on the final plat for this development. Tree Preservation - The site is about 50%wooded and contains two existing wetlands. The site has elevations changes from 912 feet (at the wetlands) to 945 feet (in the southwest corner). The existing vegetation on site consists of mostly oak trees with a few scattered cottonwood, cherry, elm, ash and pine. There are also several landscape trees on site around the existing residence. The tree inventory submitted for this site indicates that there are 113 significant trees on site (tree count number revised by staff per current Tree Preservation Ordinance significant tree definition). Eighty-one significant trees are oaks, ranging in diameters from 6" to 32". The Grading/Site Plan submitted indicates that four new lots will be custom graded. It is estimated that there will be a potential total tree removal of 27 significant trees on these four lots. As is standard procedure for custom graded residential development, the developer/builder of each of the four lots (Lots 1, 3, 4, and 5) should submit an Individual Lot Tree Preservation Plan at the time of building permit application. Parks and Recreation - The four new lots (Lots 1, 3, 4, and 5) in this development are subject to a cash parks and trails dedication payable at the rates in effect at the time of final subdivision. The 1999 parks and trails dedication rates are 51,235.00 per lot and 5163.00 per lot. SUMMARY/CONCLUSION The developer is requesting a Preliminary Subdivision to create five lots on 4.8 acres with a Variance to create two lots without public street frontage. The proposed development is for the construction of single-family homes, which is consistent with surrounding development. Each of the lots will be custom-graded and compliance with the tree preservation ordinance will be handled on an individual lot basis at the time of building permit application. Because of the necessary cul-de-sac turnaround, grading encroachments into the required 30-foot wetland buffer, and the slopes and trees in the southwest corner of the site, staff has concern about the feasibility of Lot 5 as a building site. The gap of land west of the development site east of the Vienna Woods development presents some concern regarding the potential non-use and tax forfeiture of the property. The developer should be responsible for exploring the possibility of inclusion of that land into this development prior to final subdivision. Planning Report - Hittner Addition January 26, 1998 Page 6 ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision (Hittner Addition) to create five lots on 4.8 acres, with a Variance to create lots without public street frontage, on property located at the southeast corner of Pin Oak Drive and Nicols Road in the northeast 1/4 of Section 31. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1, B4, C1, C2, D1, and E1 2. The property shall be platted. 3. Prior to final subdivision, the developer should explore more fully the possibility of obtaining the land east of this site and west of Vienna Woods for inclusion in this subdivision. 4. The swimming pool shall be removed prior to final subdivision approval. 5. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of both wetlands shall be preserved. The final grading plan shall be revised to maintain this buffer area around the wetlands and grading on Lot 5 shall be done so as not to encroach on this buffer. 6. A cash water quality dedication is required in lieu of on-site ponding. The cash dedication required is based on the area and impervious characteristics of developed lot and is payable at the time of final subdivision. 7. The private drive shall be constructed with concrete curb and gutter to a minimum width of 20 feet (face-to-face of curb) as required by City Code. The drive shall also be constructed with a vehicle turnaround at its south end in accordance with City standards. 8. A homeowner's association shall be established for the ownership and maintenance of Outlot A, the private drive. Outlot A shall be designated as common area and with the recording of the plat, the developer shall also record conveyance of Outlot A to the homeowner's association. 9. Ponding easement to three feet above the calculated high water level of the wetland shall be dedicated on the final plat for this development. 10. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for each of Lots 1, 3, 4, and 5. 11. Lots 1, 3, 4, and 5 are subject to a cash parks and trails dedication payable at the rates in effect at the time of final subdivision. pc2_ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs 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 over all lot lines and, in addition, 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 to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. 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. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 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 project must be approved 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 Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. 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 LTS#S STANDARD.CON FINANCIAL OBLIGATION—HITTNER ADDITION There are pay-off balances of special assessments totaling $-0- on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary sewer lateral SF $21.85/FF 615FF $13,438 Water lateral SF $22.10/FF 795FF 17,570 Storm sewer trunk SF $.084/SQ FT 137,927SQ FT 11,586 TOTAL $42,594 The area used for the storm sewer charge will be reduced when the area of the storm sewer ponding easement is known. S Location Ma p 1 , Raw 41z Subject Site 1121 4` 0, 011 it w EiT� 4P, 'a W7 % 4p, VA & wee r6 ica. 0-- 1OX FW Development/Developer. Hittner Addition Application: Preliminary Subdivisi Case No.: 31-PS-11-12-98 N Map PnqwWusing ERS1 ArcMewll.Parcel base map i,ft.. Gonprovkled by Dei"C-sty Laid&svw Depart ""is wrens as of D"-im N& µ. E City of Eagan AlbilTHIS MAP 13 INTENDED FOR REFERENCE USE ONLY C---*Y IXIWW..M DV.Vll" + The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S ZoningMap PD C C PDL11 11 j I P N CSC LB PD A LB PF LD O PD PD tam PD rk m a m` o 2 e P Zo R-1 J h� qO. PK g� Sub-ect Sit P R- R. R�1 E 4p* 400 E 400 0 400 800 Feet Development/Developer. Hittner Addition Case No.: Preliminary Subdivision Current Zoning: R-1 Single Family Residenti p•IC•1 N.a.m.p Inlortn■tlon proMdW by Dakota county L.nd sur..y D•p.nm.nt 1aL9l. ze" �nt.nn•den provld.d.y I.-atop 7990 and updated.y city staff. City of Eagan 2-- THIS MAP IS INTENDED FOR REFERENCE USE ONLY CWTIrms9tyDevdcp7w#Depwtnem The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Comprehensive Guide Plan Land Use Map LC-, CPD EC LB LB O PF LB LB F7 Sub'ect Site Q D-1 -I P P D D-11 D-1 400 0 400 800 Feet Development/Developer. Hittner Addition Case No.: Preliminary Subdivisio Current Guide Plan Designation: D-1 Single Family Residen 121 1(0.3 units/acre) Famal base map Information provided by Dakota County Land Survey Department 10/2/99. Camp.Quid•plan IMrn oratloe provided by Lawrance Group 1999 and updated by City Staff. City of Eagan -?/ �� E THIS MAP IS INTENDED FOR REFERENCE USE ONLY COITn1JINtyDeV1?I0p!It�►t The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Ij I ------------ t �r-——————— I � t •. I I I I W I js ro i al j `•� ii I ��n _ i i I j -I -I I � i'� �'�I4 i i• I i l L_ • I -.1 I I al l rA I — re>n�Fav I ----------- I y auxa I I I ------------------------- --------- 6 e of o •� a >�„ j � o y�.a '� i� �- �1 � ,O a C S ♦ �� i <A 2 s I; f,�F°- a i t ,i -�2 �_ '! "o +` �k!? 1 0 ?Citi }:Ei}�= O e� �s��,� C'3?i'3 =s �` QXt 2 3 t PRELIM. PLAT I I I ( TI L �----- I '�- \ :M \\\\\\ �i �r�l � IIJ�11 (�• //%�-�-1 1 IIS �\ r'� 1 :1 I 'I I _ �- \ i \\ \ \\\\ �- \\ r 1, I fl1 J \ ? \ lY I 1 • i I �, I \I , ,A1111 A A \ I i,+',��'��.��.;��` \ � I - ,v A •� it /il I �:1 1 it 111111 \ I • i —��1, I `� �`� �. � �..� �, ,�I _ N1 \ 1 ` � ul 1 7t, -=1� i'Il11l1 I x Z � 4 '3 s•. lit } ZE f .��.. .�T:.. AFEM UWAV SITE/GRADING PLAN L-------r__J I lr____. - --------- - ----- � I � I f _ L---J rJ I --------- � -- I '� I I I �� Y �•. 1� i i( I I F- r� s {--.----------� iI --------- I I r I I (s I i fJ ----- i r—� r ' I —L— =_—_===J NZ — — --- - ---, r-, I ---i al 19 it U77Lny PUN c� REAM(/No � I atYs sm"a i 1.va-.Wo wry G..1 �� UTILITY PLAN !� � _._.f— — T. T �—�--�--•j sus,-�- �— '�'+— — 44 / I ` :: 999 I \ I �I f rfl I I! J��1 a �i • .. I 1 \ l\ y I �.-....r �` I Ir- \V A� tit"S �/ •f�� „l�v V A \ �'�� r �” � � 11 i � I � s i r It- >< Gill I� 4, I 1 II\;= ��:�\ \\\\44Y •� e x 3 01 I / � Ilk \ \ \`\ \I'i l�lr ; I .•._�_� 1 III 1 / I 1 , 111.1 1 1� -.! , T ! I ibil, , l / / I\ v..:,?:'•.�--Y� I i�� . 17::ftiill3tft+ezza a>z n•zzezee.e.a e,z z>aase eaee.0 ce.avec eazz e••a••e ............... ......eac_cc:"c_s --•-•---) ti♦�i17:ic.ccSS^5=55•S�S i^^$+ii Sii Si SS=Si115i S+iii+5Sf iiii-+iii 715 i7 ii_�1S7+i�Sil`SS•7?ii 179?S+.q+;+iSiS+f1?Sii 1i1i1 i 1 e RS S O el }i Lt tl))111 t�1{t{tttU ill ttit a ttlttt a tttttttt ill tttltllttLilt tttlt it tltlittltttltltl 91 99111111111�t:l lllis��i' ' [tilt 1t 1t 11 � O IIS/S� 77N9 C'ONPM0NS/TR1I ATSNTORY � N « A*EITA�d1TTNIR AWL MANAP � y tom.��1� IIIwC 010.fA'. 1wK,wG 1W c 8 EXISTING CONDITIONS & TREE INVENTORY IVId 'IN1138d i 2 Q e � )•� �iaj f Q: rClxi IUj ` Q• V °31if9ifl t, ——————— ---------------------------� --————I as sN>f : {.•,•:' :..•per.•.. ......' �'::::: ......... •I•� :•}:• �:I:�:;'=, :�:;�:; :'�:: :�:� �� t��;tee kx Ctl CD N.Y. ••.'. ..V:}:`::•:�`:.'..... �.•.�.�.�.'.'.'.'.'. .. I N.M A' ... •�:'•'••�• .:':.. 111 !! — ( ' f �•: ::�: :; :::..:::•::.•::.......:::.... f. • I c c CD CD : 'S F a CD a a- unnmumNonuumnuuin,,,,„n,,,,,ll,1,i,1,1,1,1,1,i,1,ll,,,uuuuuunumnmuuuuuuuuuuuuuuuuuuuuu�u I O W • i v • I /0.3 � 6866184 0L'03;1999 00: 03 6866184 HITTNER WALTERS PAGE 02 Hittner Development Narrative Description: My name is Keith Hittner. I have lived at the address of 4700 Nicols Rd. in Eagan for over 15 years. I have raised five children on this property and want now to prepare for the grand children to come. It is my wish to build a new home on just less than two acres of my land and build a few custom homes on the remaining lots. Because it is my intention to remain on this property for the foreseeable future, I want the sight to be as attractive as possible. I want to create a picturesque neighborhood of a few quality homes. I feel those homes would be best served by a private shared drive in order to preserve the character of the sight. We want to be able to enjoy the natural beauty of the wetland sight and minimize the impact on trees. The swimming pool that is currently on the sight will be removed as a result of the division of the property. The private drive will allow access to the lots and at the same time provide a building pad lower on the elevations, minimizing the impact to the trees that make the lots desirable in the first place. I wish to derive some revenue from the sale of the lots, and the resulting construction, to help offset the cost of construction of my own home. But because I plan to live there the final result is also very important to me. This lot is less than 5 acres with one single family home on it. I am not a large developer asking to bulldoze hundreds of acres. I want to build my oven home and two or three other special homes on a unique sight in Eagan. Please consider the proposed development of this sight and give a favorable recommendation. Thank you Keith Hittner Adam&Carolvn Bock 4717 Oak Way Eagan, MN 55122 Ph 651-686-2906 January 19, 1999 Dear Community Development Department, We are writing to you after having learned of the proposed development at Pin Oak Road and Nicols Road (Case#31-PS-11-12-98). From what we understand,the existing property is to be sub-divided into lots, where five additional homes are to be constricted. We are very concerned about this proposed construction and its affects on the surrounding neighborhood. When we purchased this home and property in June 1998,we were drawn to the location and its secluded feel, due mainly to the heavily wooded areas behind the home. This wooded area supports a varied and interesting microcosm, including birds,squirrels,rabbits,deer,foxes and other wildlife, as well as a range of botanicals naturalized to a wooded environment. We are concerned that this habitat will be disturbed by the removal of trees and ensuing construction. To the best of our knowledge,this property was not to be developed at a future time. The demise of this woodland habitat will greatly reduce the value of our property, as well as our enjoyment of it. In the process of selecting the site of our home,were very impressed by Eagan's apparent commitment to preserving natural spaces within it's developed spaces, and have enjoyed both regional parks and the community's layout to this end. The proposed development undermines this principal of preserving a green community: what is the point of spending a huge sum on"Eagan,Forever Green"(in which we have participated), planting scores of small trees that will take years to mature,while on the other hand approving a decision to mow down hundreds of beautiful adult trees and an entire natural habitat in one stroke. Once they are gone, it will take decades to re-create the feel of this land. The loss of these trees will increase the noise flow from Highway 77 into the entire Vienna Woods development and will reduce the value of every home along Nicols Road, as well as the west side of Oak Way. The loss of value to our property makes us seriously question our commitment to immediate improvements we had been planning for both our home and landscape. We hope you will consider the extensive negative impact the proposed development would have on the surrounding community when making your recommendation to the City Council during the meeting on January 26. Thank you for your time, v Adam&Carolyn Bock P.S. If possible,we would like to receive a drawing of exactly how the current lot will be divided and how the proposed new homes would sit. Agenda Information Memo February 16, 1999 Eagan City Council Meeting D. PRELIMINARY SUBDIVISION—AMOCO 2 I ADDITION ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision (Amoco 2nd Addition) consisting of two lots on 9 acres currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located in the NW '/4 of Section 11 subject to the conditions listed in the APC minutes. FACTS: > The proposed new lots, Lot 1 (1.47 acres) and Lot 2 (7.6 acres) exceed minimum I-1 standards for lot width (100 feet) and area(1/2 acre). > Lot 1 will include the existing truck fueling station approved in 1997. Lot 2 is currently undeveloped. At this time Amoco does not have any plans to develop Lot 2. > Future development on Lot 2 must comply with all applicable development regulations and standards including, but not limited to: wetland protection, water quality, tree preservation, architectural design, and signage. > At their regular meeting on January 26, 1999 the APC recommended approval of the preliminary subdivision subject to the conditions in the APC minutes. BACKGROUND/ATTACHMENTS > Minutes of January 26, 1999 APC meeting, pages AQ'7through,0Q > Staff report, pages through 119 X016 Page 6 Januar}'26, 1999 ADVISORY PLANNING COM'vIISSION —7 PRELIMINARY SUBDIVISION AMOCO OIL COMPANY Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision to create two lots on property currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located in the NW%4 of Section 11. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated January 21, 1999. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. A representative of the applicant noted his presence and stated he would answer any questions. Chair Heyl closed the public hearing. Member Frank noted that the application presented a more useable land layout for the site. Member Huusko agreed. Member Segal moved, Member Huusko seconded, a motion to recommend approval of a Preliminary Subdivision to create two lots on property currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located in the NW%4 of Section 11, subject to the following conditions: 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B3, B4, Cl, C2, C4, DI, El, Fl and G1 2. The property shall be platted. 3. Development on Lot 2 shall meet its water quality mitigation requirements through on-site ponding. Ponds should be constructed to meet the City of Eagan Detention Basis Design Standards with a surface are and wet volume of at least .37 acres and 1.0 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basis and the discharge pipes from the detention basis should be extended to the NWL of Pond EP-7. 4. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands shall be preserved. The low area in the Page 7 January 26, 1999 ADVISORY PLANNING COMMISSION southwestern portion of the site should be evaluated for possible wetlands. No filling or draining of any wetlands is allowed. 5. Future development on Lot 2 will be subject to the requirements of the Eagan Tree Preservation Ordinance (City Code Section 11.10, Subd. 15.1). A tree inventory and tree preservation plan shall be submitted with an application for a building permit on Lot 2. 6. Cash dedication for parks and trails is required on 4.9 acres. All voted in favor, except Member Steininger abstained. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 1999 CASE: #11-PS-13-12-98 APPLICANT: Amoco Oil Company HEARING DATE: January 26, 1999 PROPERTY OWNER: Amoco Oil Comp. PREPARED BY: Julie Farnham REQUEST: Preliminary Subdivision LOCATION: 3079 Neil Armstrong Boulevard COMPREHENSIVE PLAN: IND - Industrial ZONING: I-1 Limited Industrial SUMMARY OF REQUEST Amoco Oil Company is requesting a Preliminary Subdivision (Amoco 2nd Addition) to create two lots on 9 acres currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located on Neil Armstrong Boulevard, in the NW '/4 of Section 11. 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. 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. /0 9 Planning Report—Amoco 2"d Addition January 26, 1999 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the 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 Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Amoco Oil Company owns five lots (lots 14-18, Block 5, Eagandale Center Industrial Park No. 3) located along Neil Armstrong Boulevard. In 1997 Amoco Oil received a conditional use permit to construct a truck fueling station on the easterly portion of lots 14 and 15. The balance of the property (lots 16-18) remains undeveloped. At this time, Amoco is proposing to re-subdivide the property to create two lots. Lot 1 will include the fueling station facility and Lot 2 will consist of the balance of the property. At this time Amoco does not have any plans to develop the vacant property and will likely sell it in the future to a new owner to develop. IV Planning Report—Amoco 2"d Addition January 26, 1999 Page 3 EXISTING CONDITIONS As stated above, a truck fueling station is located in the northeast portion of the site. The rest of the property is undeveloped. A wetland, approximately 0.6 acres in area, exists just south of the fueling station. The southern two-thirds of the site is wooded with a variety of hardwood deciduous trees, mostly oaks with diameters ranging from 12-24". Access to the property is from Neil Armstrong Boulevard. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North— Industrial/office; zoned I-1; guided IND South - Industrial; zoned I-1; guided IND East - Industrial/office/warehouse; zoned I-l; guided IND West - Residential; zoned Ag; guided IND EVALUATION OF REQUEST Compatibility with Surrounding_Area - The fueling station exists and appears to be compatible and complementary to surrounding industrial uses. There are no plans at this time to develop the vacant property. Any future development will need to comply with the regulations and standards of the I-1 zoning district. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Industrial development is considered consistent with the noise policies in this area. Lots - The proposed subdivision will consist of two lots. Lot 1 will be 1.47 acres and Lot 2 will be 7.6 acres. Both lots exceed the minimum 1-1 standards for lot width (100 ft.) and area (1/2 acre). Setbacks-- The fueling station meets or exceeds setback standards. Future development on Lot 2 will be required to meet the minimum setback standards. In an I-1 district, building setbacks are 40 feet from a public street and 20 feet from a side or rear lot line. For parking the setbacks are 20 feet from a public street and 5 feet from a side or rear lot line. Grading—The proposed Lot 2 has rolling topography with elevations ranging from approximately 870 along the north, west, and south edges to 850 at the wetland in the east central portion of the site. All of Lot 1 (fueling station) was graded with the previous development. //f Planning Report—Amoco 2"d Addition January 26, 1999 Page 4 Storm Drainage - A majority of the site drains to the existing wetland in the east central portion of the site. Storm water runoff from the existing fuel station on Lot 1 drains via storm sewer to a storm water pond built within that site. This pond flows to the on-site wetland that in turn discharges to storm sewer with Neil Armstrong Boulevard. Wetlands/Water Quality—This site is located in Drainage Basin E in central northeast Eagan. Development on this site will generate runoff that will discharge to Pond EP-1, an 8.4-acre pond designated as a nutrient trap in the City's Water Quality Management Plan. Pond EP-1 is connected to Pond EP-2 via an equalizer pipe. Pond EP-2 is a designated recreational water body and warrants a higher level of protection. Pond EP-1 discharges to Pond FP-1, a designated nutrient trap that discharges to Pond FP-14, a designated stormwater management basin that in turn discharges into the Minnesota River. No development is planned for Lot 2 at this time. As such, no grading or conceptual ponding plan has been submitted at this time. Likewise, a wetland survey has not been completed for this site yet, however, there is at least one jurisdictional wetland within the site. When development occurs a wetland survey must be submitted and water quality requirements must be met. It appears that water quality mitigation can be met entirely through on-site ponding. Utilities - Sanitary sewer and water main are available within Neil Armstrong Boulevard for connection by future development on Lot 2. Access/Street Design - Public street access is available from Neil Armstrong Boulevard along the east edge of the site. Landscaping - Landscaping on Lot 1 was approved with the CUP for the fueling station. No development is proposed for Lot 2 at this time. Any future development must comply with the landscape requirements in Section 11.10, Subd. 15 and 11.20, Subd. 2 LB of the zoning code. Tree Preservation - A tree inventory has not been submitted because no new development or grading is proposed at this time. It appears that there are a number of significant trees on the proposed Lot 2. Tree preservation issues will be addressed at the time a building permit application is submitted for Lot 2. Allowable removal for commercial/industrial development is 30% of the significant trees and woodlands. Removal in excess of allowable limits must be mitigated in accordance with the Tree Preservation Ordinance. Parks and Recreation— A cash dedication for parks and trails was paid for the existing Lots 14 and 15 (4.2 acres) when the building permit was issued for the fueling station in 1997. Therefore, the APrC is recommending a cash dedication for parks and trails on the remaining 4.9 acres be collected for the proposed Lot 2. Building Architecture/Materials - Future development on Lot 2 must comply with the City's architectural standards outlined in Section 11.10, Subd. 30 and 11.20, Subd. 2LA. of the zoning code. Planning Report—Amoco 2"Addition January 26, 1999 Page 5 Signage,- Any future signage must comply with Section 4.20 and Section 11.20, Subd. 21.0 of the City Code. Lighting - Lighting for future development must not filter onto adjacent properties or public rights-of-way. SUMMARY/CONCLUSION Amoco is requesting a preliminary subdivision to create two lots on 9-acres currently platted as five lots. Both of the proposed new lots exceed the City's minimum standards for lot size and width. Lot 1 will contain an existing truck fueling station approved by the City in 1997. Lot 2 is undeveloped. At this time, Amoco does not have any plans to develop Lot 2 and will likely sell it to someone else to develop in the future. ACTION TO BE CONSIDERED To recommend approval or denial of a Preliminary Subdivision to create two lots on property currently platted as Lots 14-18, Block 5, Eagandale Center Industrial Park No. 3, located in the NW '/4 of Section 11, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Bl, B2, B3, B4, Cl, C2, C4, D1, E1, F1, G1 2. The property shall be platted. 3. Development on Lot 2 shall meet its water quality mitigation requirements through on-site ponding. Ponds should be constructed to meet the City of Eagan Detention Basin Design Standards with a surface area and wet volume of at least .37 acres and 1.0 acre-feet, respectively. Skimmers of suitable design to the City shall be installed on the outlet of all detention basins and the discharge pipes from the detention basins should be extended to the NWL of Pond EP-7. 4. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of any wetlands shall be preserved. The low area in the southwestern portion of the site should be evaluated for possible wetlands. No filling or draining of any wetlands is allowed. 5. Future development on Lot 2 will be subject to the requirements of the Eagan Tree Preservation Ordinance (City Code Sec. 11.10, Subd. 15.1). A tree inventory and tree preservation plan shall be submitted with an application for a building permit on Lot 2. 6. Cash dedication for parks and trails is required on 4.9 acres. //.3 FINANCIAL OBLIGATION AMOCO 2ND There are pay-off balances of special assessments totaling $-0- on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. IMPROVEMENT USE RATE QUANTITY AMOUNT None $-0- TOTAL Location Map ' d t® Ell C.LU&.N0.26(&.ONE 04!RD.) Sub'ect SiteVA circ AME ,s x 0' z RK D 1171. t � +�4y .wr.ure 4 E s E T e o j z n+. ° d l � c" g ! € E ROAD) 1000 0 1000 Feet Development/Developer. Amoco Second Addition-Amoco Oil Co. Application: Preliminary Subdivisi Case No.: 11-PS-13-12-98 / S I N MIP PreParsd ung ERS An;View 31. P. base nap i,fon, an provided City of Eagan / by DskM C; mty`"&r ey Departnsv and is a rent as of Deoen°e"99fl NE C---!Yp"oM,npq"V THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S Zoning Map I-1 PF A C.S.A.N.NO.26(LONE OAK RD.) Z Sub ect Site Q 1-1 PD A I-1 1-1 1-1 1-1 1-1 I-1 1-1 P SP BP 1-1 � 400 0 400 800 Feet Development/Developer: Amoco Second Addition Case No.: Preliminary Subdivision Current Zoning: 1-1 Limited Industrial f Faroe)ba.e map information provided by Dakota County Land S—ey Department 1o/2/99. Zoning Information provided by Lawrence Group 1996 and updated by City Staff. *City of Eagan 2 tiE THIS MAP IS INTENDED FOR REFERENCE USE ONLY + Cort—"tyDene ffeW DqwVrw# The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Comprehensive Guide Plan Land Use Map IND IND Subject Site IND IND 01 IND IND CA 400 0 400 500 Feet Development/Developer. Amoco Second Additio0//7 Case No.: Preliminary Subdivison Current Guide Plan Designation: IND Limited Industrial Parcel base may Intorinatlon 1-1ded by Dakota County Land Survey Department 10/2/96. N CemP.Guld.Plan i"ftnab ion provided by Lawmnc•Group 1996 and updated by City Staff. City of Eagan E �:dF1f1 tyDevelolElltD� �bnwt THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S U Z s ` Will�e it y� oa: € 3yy I it -olls W� 2 sl W tx i'I .' dj _ 8 }ieE $i5s as �g� ; ag s" a e� 9�gisi bz > Y� g'ss 4°Y i yJ .3: — '_�� L a :ii:vzi-Sr:i�: ul. ........... 2t0'SCS M.S0,6Z0s i i _ un ..ecn o.sew •w.wv� o o + 3 `� I a' W �� I r• o +0ni8 ON0615✓+8d 113N 5 r.. �..:::...... z N rooz __ /// (3nN3nv NOlONix 3� 3.00ALOM � •/�,c'n I I [t ON AtlMM'�IH Al Nl10� oz O8 oz Vl _�z 0 51 I I C4 y� o 00m, m 1- 01 ySy� yW� Z � _ �W=� mU �'F• • I O 081 =N Opi S Y Z (INI Or S.. .....-. we ONUi . 10W 3 S0.6Z.ON W mo z /� o O to w qL) . :€,'ik u W s : 3 �' � � i Yt' E i urr •� J V7 ' Y rd 0. d •/1A1 �i\i�� illl -0, OC (.'i �I a 4 Qc��V11_1..., iVIVI� lJ11 V_J�l _J IVVIVV�/V_J ZLLI O .-__• r.—in�'_.__. —tlllll �a:...j.-"t—__'e=T— T=l—=r_ s=.—.._�. -67 —` OddA3lf108 ' c cc �Noa`Iswad—.—.M.—--.Mari—.—.— Wvci 00 ooZ LO Scr _. — W I- --------- ------ c'.s _�'c� C I .=-,.r.n.1,�yn.,:+r.,••c o..r�r � o � �a ' \att � � �t ��•F I r f b 4= f" - ,� SCI•'-�'�' ; it r' 00 I i I i gg o Y :o'� � �,! ` •e e' � � 1 I e s � ISI b° c e iF�a z E's2 lip ft i ° =5:88, y[ops co 0000% 3.50.6 Z.ON ....a... / / I' `C '. <" §Hn E• f�},— �V -- , `�. .,�� \1 y1 I EGn:acz•W3 Aad a [y cc Ln 0 a 6� j ois §R t I 00'00 t . 3.S0,6Z.ON�� _ Z. t- r 0Lo \ 0 ya eY e F S o � - C z 8 ga,R asp -YQ - r _ . , ...... .._.. ;-1to's�b 3.90.6Z.ON o r = s S40.00 per license _6?New Renewal 3 CITY OF EAGAN 3820 PILOT KNOB ROAD • EAGAN,MN 55122-1897 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS Applicant L a: Lo. r1/AZW42- Birthday S'-3a - 196 Resident Address otie Ad-1.221- _,k46vA,, mw S-•s) street city state zip Business Address1 q G D G 1► �F L�41Lt d �,(�i,¢,� ,moi N ,S'S )�� street city state zip Home Phone—01- h% g- O9 5- \ Business Phone Business name in Eagan where tobacco is to be sold OAA r c V /t Business address in Eagan where tobacco is to be sold _MbO L)i-Cf. _ak, td :9"dL/p TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) _ Cigarettes,cigars and other smoking tobacco Snuff,plug and other chewing tobacco Clippings,cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices _ Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) - _�� Individual pack or can Two or more packs or cans packaged together _ Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS• (Check all that apply) _fie Self-service merchandise Over-the-counter Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUND FOR SUSPENSION OR REVOCATION OF LICENSE. I (WE) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNEOSTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. - /r DATF1Q__ja 9" AUTHORIZED SIGNATURE L _ \ \� ��-W A�• FOR OFFICE USE ONLY City Council Approval Date Date Issued