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11/03/1997 - City Council Regular (2)C AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING NOVEMBER 3,1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS P • B. RESOLUTION approving exemption from lawful gambling license, South Metro Chapter/ Minnesota Deer Hunters Association to conduct a raffle on February 27,1998 at Royal Cliff �• C. WAIVER OF SUBDIVISION for a duplex lot split to allow individual ownership for Lot 1, Block Ir 11 Wescott Hills 5th Addition, John B. Mahoney 1 10 D. FINAL SUBDIVISION, Opus Corporation for Eagan Promenade Third Addition l 2 E. RESOLUTION regarding continued participation in the Livable Communities Program 10 F. SET PUBLIC HEARING, Cedarvale Special Service District 1998 Budget f , ( G. CONTRACT 97-13, receive bids/award contract, Southern Lakes/Inver Grove Heights (Trunk Utilities) P H. CONTRACT 9801, approve plans/order ad for bids (Southern Lakes Water Tower) V 2-(0 I. CONTRACT 97-10, receive bids/award contract, TH 149 & Lone Oak Parkway (Signalization) J CONTRACT 97-15, approve Change Order No. 1, Murphy Parkway (Watermain Improvements) •Z K. CONTRACT 96-20, approve final payment/authorize City maintenance, Eagan Central Area i (Lighting Improvement) L. CONTRACT 95 -LL, extend completion date of development agreement, Eagan Heights Town Homes 16t Addition ^ M. CONTRACT 96-01, approve Changer Order No. 5, EagandaIe Corporate Center Phase I (Street & f)," � Utility Improvements) N3: PROJECT 687, receive final assessment roll/order public hearing, Biscayne Avenue (Street & Utility Improvements) 7:00 - PUBLIC HEARINGS (SALMON) Due to the excess levy referendum that School District 191 will be holding on November 4, the November 4 regular City Council meeting was rescheduled to November 3 and all public hearings originally scheduled for November 4 have been rescheduled to November 18 VII. OLD BUSINESS (ORCHID) A. CONDITIONAL USE PERMIT, Dart Transit, to allow off-site outdoor storage of semi -trailers on property located west of Highway 149 and south of Starks restaurant in the NW 14 of Section 12 VIII. NEW BUSINESS (TAN) n A. CONDITIONAL USE PERMIT, Jerry's Garden Center, to allow seasonal sales on Lot 1, Block 1, ,{ • Town Centre 70 Eleventh Addition (Wal-Mart), located on Town Centre Drive in the NW 1/4 of �1 Section 15 B. CONDITIONAL USE PERMIT, Jerry's Garden Center„ to allow seasonal sales on Lots 1 and 2, Block 1, Hadler Park, located on Cliff Road and Rahn Way on the west side of Walgreens in the NE 1/4 of Section 31 C. CONDITIONAL USE PERMIT, Eagan Evangelical Covenant Church, to allow seasonal sales on Lot 1, Block 1, Eagan Evangelical Church, located at 4100 Lexington Way in the SW 1/4 of Section 23 INTERIM USE PERMIT, Eagan Evangelical Covenant Church, to allow seasonal sales on 2.42 Agriculture zoned unplatted property, located on the southwest corner of Cliff Road and Dodd Road in the NW 1/l of Section 36 E. CONDITIONAL USE PERMIT, D.G. Enterprises, to allow outdoor storage on Lot 1, Block 1, Tan Me Industrial Park, located on Sun Drive in the SE 1/4 of Section 8 3F. CONDITIONAL USE PERMIT, R.J. Ryan Construction, to allow a trucking facility (Mats, Inc.) on I/ Lot 3, Block 2, Eagandale Corporate Center, located on Aldrin Drive in the SE 1/4 of Sectionil G. CONDITIONAL USE PERMIT, Minnwest Bank, for Outlot A, Town Centre 100 Sixteenth Addition for a bank with a drive through, located on the comer of O'Leary Lane and Yankee Doodle Road in the NE 1/4 of Section 15 /_� H. REZONING, Springbrook Corporation, of approximately 2.06 acres from A (Agriculture) to R-1 n� t/� (Single Family) and a PRELIAf NARY SUBDIVISION (Murphy Farm 2nd Addition) consisting of five single family lots, located on the east side of Murphy Parkway, north of Deerwood Drive and west of I -35E in the NW 1/4 of Section 21 t Q ! I. PRELIMINARY SUBDIVISION, Kennedy Transmission, (Town Centre 70 Twentieth Addition) (C� consisting of approximately .72 acres and one lot and a CONDITIONAL USE PERMIT to allow a vKennedy Transmission facility, located on the west side of Denmark Avenue behind Wal-Mart in the NW 1/4 of Section 15 J. ORDINANCE AMENDMENT, City of Eagan, to City Code Section 11.20 Subd. 22 (C) regarding schools in Business Park districts and by adopting by reference Eagan City Code Chapter 1 and `r Section 11.99 IX. LEGISLAT MISITERGOVERNMENTAL 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 10/31/97 - 8:05 a.m. MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMMERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 31,1997 SUBJECT: AGENDA INFORMATION MEMO FOR NOVEMBER 3,1997 EAGAN CITY COUNCIL MEETING .... ...................... ................ .. .. ...... .......... . ............ :::..:: .......... x .................................... ..... After approval of the November 3, 1997 City Council agenda and the regular City Council meeting minutes for the October 21, 1997 regular Council meeting, the following items are in order for consideration. MINUTES OF A REGULAR MEETING OF THE ;:;October 21,1997 A regular meeting of the Eagan Citjrpuncil was held:ott'Tuesday, October 21,1997 at 6:30 p.m. at the Eagan Municipal Center. Present werelVypr.Egay� aiouncilmembers Wachter, Awada, Masin and Blomquist. Also present were City Admiiifs€rafi '...-T : Iedges, Senior Planner Mike Ridley, Director of Public Works Tdm Colbert, and City Attorney Jim Sheldon. �GENDA City Administrator Hedges stated•:t%# : itr:.QbUaAJCwght want to consider a couple of the items on the Administrative Agenda at thei ii 4*64* i�ttici Tread Business. Councilmember Wachter moved, Councilmember Awak4seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OFTBE OL' TOBER 9',' �'9�-REGULAR MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 IIIVU'TES DF THF,s3Q.CTOBER x,1997 SPECIAL MEETING Councilmember Blomquist moved, Cbnirici..... ger Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 OF T1FIE SEPT $ 3WO SPECIAL MEETING Director of Public Works Colbert ids% :The Council to clarify if their intent with regard to Project 715 was to have the final assessment roll prepared based on the estimate contained in the feasibility report presented at the public hearing or to prepare it according to the minutes. Councilmembers concurred that the final assessment roll should be prepared according to the feasibility report and agreed that on page:5;:.*e ;d*.d;*mtence: :the third paragraph under Special Assessment Policy for Projects 714 and 7I3,•:s u�iitjcl: F e:i ii g�;:as follows, "After reviewing the reasons for the increase, City Councilmembers directed the DA- blic Woris .Director to prepare the final assessment roll for Project 715, based on the estimate contained in:fje feasibili.fyxeport presented at the original public hearing". Councilmember Blomquist moved, Councilmember Wif iter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 [?EPARTMENTAEAD BUSINESS APPROVE CONVENTION AND VISTTft$ BUREAU BUDGET City Administrator Hedges prove{ ;ai# :ti�re�.��::G : item. Ann Carlon, Executive Director with the Eagan Convention and Visitors Bricii cdtiiierifett oii the economic impact the hospitality industry has had on the City of Eagan this past year. She mepiaoned that two new hotels are planned to be opened in the City in the near future. Mayor Egan stated W-4the hospitality industry is very successful and everyone is a benefactor in the City. He addedi iat it enhances the quality of life in Eagan. Councilmember Blomquist thanked Ms. Carlon for her efforts and hard work. EAGAN CITY COUNCIL NE=G MINUTES; OCFOBER 21,1997 PAGE 2 X X Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the 1998 fiscal year Convention and Visitors Bureau:budget. Aye: 5 14i*Y'.'-'0 A FIRE ADMINISTRATION BUILDING COMMUNICATIONS USES City Administrator Hedges provided an overview on this item. Councilmember Awada suggested that this item be discussed in :#AjatqMpecial City Council meeting. X-* Councilmembers; concurred. In regard to Item 1A, Personnel Freese, Senior Planner City Administrator Hedges recognized Ms. Fr6ii2t"646Y"fie'r c6ifflA ... tibns to the City and stated that she was .. hl� very involved with the Eagan Promenade project and the direction she provided will be missed. Mayor Egan stated that Ms. Freese has provided professional input and analysis to the City. In regard to Item J, Contract 96-01, approve Change Order No. 5 (Eagandale Corporate Center Phase I - Street & Utihh, Improvements], Director of Public Works Colbert noted that there may be a potential discrepancy with the change or&ihd--he requested the item be continued indefinitely. Councilmembers agreed to a continuance. In regard to Item M, Project 724, receiyLi4el2ort /avpro%te�.*'DrgiectZ order plans (Southern Lakes Water Tower), Councilmember Wachter asked; tk ""k '"i"i"to make a determination regarding the q,pe of water tower. Director of Public WQKI.c§ . :J0 di'Oft : t - kplained that there are two primary designs that are being considered and he presented piq'Weis`ibieach. Tom Roushar, Bonestroo, Rosene, Anderlik & Associates, commented that the third design option that is not being pursued is the legged tower. He said the construction of this tower would probably result in savings of 10% initially but the maintenance costs would be far greater than the other two designs. He explained the advantages of the other two designs. Director of Public Works Colbert noted that bids AU be obtained for two of the three designs and detailed plans and specifications will beCouncil at the next City Council meeting. . I .... ........ 9 In regard to Item N, Project 95-FFF, find dev'e'l'o*p'er"*i'nd"' ult of development agreement (DeL Addition) Councilmember Blomquist stated that sl4i4s cone 'm. ed about the City not being able to work with the developer regarding this developmetit:,:::She qu6fibned if this was the old DeLosh Addition. Director of Public Works Colbert explain4that new subdivision of the old DeLosh property. A. Personnel Items Item 1. It was recommended to accept the resignation from Lisp ;Freese, Senior Planner in the Community Development Department Item 2. It was recommended to accept their lkbm Linda Marlin, part-time Receptionist for the Police Department. Item 3. It was recommended to approve the hiring of hfichel'e:k4abe as a part-time seasonal Skating Instructor. Item 4. It was recommended to approve the hiring of Melissa Berg as a part-time seasonal Skating Assistant for the Civic Arena. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 3 Item 5. It was recommended to approve the -hiring of Jennifer Hoops as a temporary Computer Design Intern for the Parks Planner/Landscape Arect Item 6. Informational only. The name of the pei p is 16'- ea for the part-time Dispatcher in the Police Department is Mary Jo Eilers and the name of the person to be hired for the part-time Building Maintenance Worker is Eric Hollo. B. Set public hearing, final assessment of delinctuer up bills. It was recommended to set a publc:iititi assessment of the delinquent weed cutting; faire j& them to Dakota County for collection with property C. A rove Citv Investment Polia. It was 18, 1997 to consider the final pick up/clean up bills and certify to ..pWve the City Investment Policy. D. Approve 1997 General Fund Bud eft ad'' 'sfinents aricf #citiser from 5Mrry TIF Fund. It was recommended to approve the 1997 General Fund Budget adjustments and to amend the Sperry TIF budget and authorize the transfer of the fund balance to the General Fund. E. ARprove Police Liaison Services Agreement. School District #197 and the Cities of Eagan, Mendota Heights and West St. Paul. It was recommended to approve the Police Liaison Services Agreement: School District #197 and the Cities of Eagan; Iv#iota Heights and West St. Paul. F. insurance C:om any variance for a reduction ihk he amou,0t ofiWtigation required by the Tree Preservation Ordinance for Lot 3Block 1, Ea ga ale�..;0!k Ci.N k 3rd Addition. It was recommended to confirm the Findings of Fact, Conclusions a.p.41e9Amon of Denial of a variance request for the reduction in the amount of mitigation required by the 14: Preservation Ordinance for the removal of trees on Lot 3, Block 1, Eagandale Office Park 3rd Addition located in the northeast quarter of Section 3. G. Purchase agreements,.Highway 55 Redevelopment District, Dennis and Linnea Klingel, 2795 Linde Lane and 912 Lawrence Avenue, and James and ioann Loewen, 2779 Linde Lane It was recommended to approve purchase agreements as part of t€te :M.**g 1W.ay.85:Re.dv*pment District for Dennis and Linnea Klingel in the amount of $175,000 for propty:at d1:L';::Rerutis and Linnea Klingel and Nets Linde in the amount of $180,000 for property at 2795:J:inde Lane.and James and Joann Loewen in the amount of $115,000 for property located at 2799 Lin&: ,ane. H. Recommendation A' ort Relations Commission 5relim�comments on extension of Runway 4- 22 for Hon Kon non-stoservice. It was recommended to approve a recommendation by the Airport Relations Commission in response to the scoping document for the Runway 4/22 extension and environmental assessment relative to non-stop Hong Kong service from Minneapolis/St. Paul. I. Project 711 receive final assessment rollDenmark Avenue Centre 70 - Sidewalk . It was recommended to approve the final assessment roll for Project (Denmark Avenue and Town Centre 70 - Sidewalk) and authorize its certification to.Dakata.County for collection_ J. Contract 96-01, approve Change Order Jt10:;5't'gtiiaale'orporate Center Phase I Street & Utility Improvements]. It was recommended to approve Change Ordor:No. 5 to Contract 96-01 {Eagandale Corporate Center Phase I - Street and Utility Improvements) 0d authorize the Mayor and City Clerk to execute all related documents. {This item was continued indefinitely.) EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 4 K. Contract 95-1313, acknowledge comple_ Improvements). It was recommended to Shores Addition - Utilities) and authorize L. Project 688 amend 12ending assessment roll' amend the pending assessment roll for Project 688 ge the completion of Contract 95 -DD (Cliff Lake City maixiterince subject to warranty provisions. risala? oraorate Centerl. It was recommended to againdale Corporate Center - Streets & Utilities). M. Project 724 receive report/approveproiectlorder ,plans (Southern Lakes Water Tower). It was recommended to receive the feasibility report and approve Project 724 (Southern Lakes Water Tower) and authorize the preparation of detailed plan�:iici sietitt.:;£puncilmembers Wachter and Blomquist opposed this item.} N. Project 95-FFF find developgr in default of development a • �eement eLosh Addition), It was recommended to find the developer Wayne Brekk K.; -D Projecf:4�FFF (DeLosh Addition) in default of the development agreement with the City bt:1a$a;t;:io:antlitize City staff to draw upon the developer's Letter of Credit to correct the del'iei'encies. O. Contract 96-02, approve final Rg4,mentlauthorize City maintenance fWell No. 18 - Site Improvementsl It was recommended to approve the final payment for Contract 96-02 (Well No. 18 - Site Improvements) in the amount of $12,879.34 to Brown & Cris, Inc., and to accept the improvement for perpetual City maintenance subject to warn%ntyT provisions. Councilmember Awada moved, Couiiciti i i ier:Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBL;�.��tIl�1G�' PROJECT 668, LONE OAK P,:(1VEIL ARMSTRONG THROUGH TH 55/149) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc. Mr. Hanson provided the detailscif te;pxoject.,..Ivka}o..Egan noted that Dakota County Engineer Dave Everds and County Commissioner Ila; itX: p 4 te:ptesent at the meeting. Councilmember Masin stated that it would be safer to construct a brie to accommodate the railroad crossing. Mr. Hanson explained the cost savings that would resulfiKconsti*li ng an at -grade crossing rather than a bridge. Director of Public Works Colbert provided f4kilier ratioiWe for constructing an at -grade crossing versus a bridge stating that an at -grade crossing wili 1641 safer sb; 0 signals and crossarms will also be installed and a bridge will create site distance restrictions for adjacent industrial accesses. Mayor Egan opened the public hearing to anyone wishing to speak. Brian Hanes, a resident on the east side of Highway 55, stated he was concerned about the impact of this project on the residents and on the storm sewer systemAh. a project cost and the steepness of the sides of the pond. Public Works Director Colbert explained: tlit:fhere will be no restriction to his driveway access. He added that easements may need to be acquired from him to accommodate the transition to the existing road and that thele i i e;st ?e:r�?g ck to his driveway during construction. He further added that there are no assessrii� i4 :` .. t sec#Yolii�-�iroperty under this project because he is beyond the scope of the permanent improvement. John Wynseg, a resident on the south end of Lone Oai't'kt ad, asked about the grade of the road in front of his property and whether he could have another driveway access. Public Works Director Colbert indicated that the project is not proposed to extend across the front of his property and it would not be possible to get another driveway access onto Lone Oak Road because of the proximity to the existing EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 5 access. He added that they try to consoli6# as many access poli as possible rather than granting new ones. Mr. Wynseg said he hopes the corner.4..Lone Oak Road and Highway 55 will be designed correctly to diminish the number of accidents that are:;kcurring thereai.i 6% time. Walter Muehlegger 715 Lone Oak Road; as#sii+lafiimprovements are proposed in front of his property and the impact to his driveway. Public Works Director Colbert explained that there is no significant construction planned in front of his house and the construction is not proposed to impact his driveway. Mr. Muehlegger stated that there is a knoll to the east of him that creates a safety problem. Public Works Director Colbert noted that the continuation of the improvement to Lone Oak Road is programmed for sometime within the next;fre+Rrsaiic i side :instances will be improved. Mr. Muehlegger asked if his home will be acquiiec�'�iy'tE$lp 'ity'�vfii: one Oak Road is widened in the future. Public Works Director Colbert said that if Lone Oak -*3k d is wiileried in the future there is not enough right-of-way on his property to accommodate the uj#mate des*a section and there will need to be acquisition of land from him but it should not r uzFe #fiehis house. Mr. Muehlegger stated that there were drawin g s that indicated the ri g.:.-.-. " ' ht through his garage. d Pblic Works iQ g Director Colbert indicated that the early gation of preliiiiiiary right-of-way drawings were based on alignment and typical cross-sections and would be refined in final design. He added that the City is trying to project a long-term alignment that will not impact the structures of the homes in the area. Mr. Muehlegger asked if the City would be removing the houses in this area since this is a commercial park area now. City Administrator Hedges stated that this area is east of the economic development and TIF district. Bob Burrows, property owner at Lone —01'Roam d Lunar Lane, asked what will happen to Lunar Lane. Public Works Director Colbert exp!xa ned the rioposcd impact to Lunar Lane. Gary Santoorjian, Dart Transit, asked if thoy: ve:right-in/right-out access for their employee parking lot. Public Works Dird that there will be full access for truck traffic and a right-in/right-out access for the employee parking. Mr. Santoorjian said they support the at -grade crossing because it will accommodate their trucks better and more safely. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin questioned putting in an at -grade crossing in the middle of a major street. She said this presents safety and convenience;p)rp).iie#ts .... it e� tber Wachter added that a bridge would be too costly to construct. Mayor Egan cdht�tiiiec# sti tii t is ike":at-grade crossing is the best solution. Councilmember Wachter moved, Councilmeii6fier Awada seconded a motion to close the public hearing and approve Project 668, Lone Oak Road (Neit:ArmsTH 55/149). Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Masin stated the reason she voted against this item was because she is not comfortable with installing an at -grade crossing. Councilmember Awada said that when Lone Oak Road is expanded in the future the City should determine if the houses in this neighborhood should remain there or be removed. PROJECT 700, FINAL ASSESSMENT. RF,.AMNG.(HALL ;ST. & TH 3 SERVICE RD. - UTILITIES) City Administrator Hedges provided aii o3erview oii'd& item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to:"one wishing to speak. David Kohlhoff, 4880 Dodd Road, stated that the options for subdividing his property were informative but he added that they do not have any plans to subdivide the property in the future. Councilmember Blomquist stated that three of the options require Mr. Kohlhoff to connect to water and EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 6 sewer which is not what they want to do aif:tihiis time. She said try do not benefit at this time. She further said they would receive more benefit -from connecting to:utilities installed along Dodd Road. Councilmember Awada noted that sadxetldciaw•irigs of possible subdivision options to determine where a logical lot split could occur aiiil}tiei=iy:iie'property owners would obtain their utilities from. She noted that the Kohlhoffs could potentially have three buildable lots. Heidi Kohlhoff asked if they could defer the assessment until the property is subdivided. Mayor Egan stated that the discussion at the last City Council meeting was focused on creating a fair deferment for their property. There being no one elseetvjg:poi; #:finied the discussion back to the Council. 5#?...:.. . Discussion occurred on where the lot split s1vuld occuY,.:Councilmember Blomquist noted that the Council is trying to determine where lots will boe lit: ~ated ori:;t#j Kohlhoff property which may never occur. She said that since the Kohlhoffs takaCeSS:iff!? fwd Iioid the assessment should be deferred until such time that development of the propeffy or coniteefioii occurs. She further said they should be assessed according to the prevailing rates at the time of the assessment, subject to the establishment of benefit. Councilmember Blomquist moved, Councilmember Masin seconded a motion to defer the assessment to Parcel 032-03 until developir'tent of the property or connection to utilities occurs on the lot, subject to an agreement with the property'q `;ft ; 5 Nay: 0 Public Works Director Colbert suggeste4:an agreeiiiertf bg prepared outlining the conditions of the deferment. Mayor Egan concurred. City Afti rney S.bPl4.. i Sited that the Council has the ability to assess and defer undeveloped property absent a#:a • eeriie 'A'since this property is already developed it is necessary to defer the assessment by wgggoment. Councilmember Wachter added that if their well or septic fails they will have to connect to Oitjr utilities. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve Project 700 (Hall Street & Hwy. 3 Service Road - Utilities) as modified and authorize its certification to Dakota County. Aye: 5 Nay: 0 WUTHERING HEIGHTSibAD DZ NAGE ISSUE City Administrator Hedges provided an oveiwiew on ".item. Director of Public Works Colbert gave a staff report. Charlotte Sommers, 2135 Wuthering Heights Road, stated that she does not understand why the Public Works Committee is recommending Option #4. She said that her concerns have been reduced to a private drainage and erosion problem. She further said that other neighbors are affected by this problem too. She stated that the City should be responsible for correcting the situation. Councilmember Wachter said that this situation is a poi to matter because it involves her private driveway. He suggested that if her neighbors wAnt,the .road improved they should sign a petition requesting the improvements. He stated .. :riot resolve disputes between neighbors. Councilmember Awada concurred. Mayor Egdi 'adi d'thit'Ms Sommers may need to seek legal action to resolve this dispute. Councilmember Masin questioned why Ms. Sommers is experiencing this erosion problem. Public Works Director Colbert provided clarification. EAGAN CITY COUNCIL MEETING MINR=; OCTOBER 21,1997 PAGE 7 Betty Basset, 2101 Wuthering Heigis Road, provided a- tory on the neighborhood stating that Wuthering Heights Road is a private road and the majority of the neighbors do not want the road improved. Councilmember Wachter moved, CoutigieFi##k::1#3bmquist seconded a motion to approve the Public Works Committee recommendation reaffirming the private nature of the erosion problems at 2135 Wuthering Heights Road with no City action to be taken. Aye: 5 Nay: 0 REVIEW DAKOTA COUNTY 5 -YEAR CAPITAL IMPROVEMENT PROGRAM (1998-2002) City Administrator Hedges provid4dri bV4r-VW*-i5ii't) :Atem. Director of Public Works Colbert gave a staff report noting that there are two issues for the Couw� to resolve: the upgrade to Cliff Road from ChesMar to Lexington and the extension of Lone;Oak Rogid.from TH 55 - County Road 63 in Inver Grove Heights. Councilmember Awada asked ho `*-h portant if i to'construct the extension of Lone Oak Road in conjunction with Inver Grove Heights or if it could be done at different intervals. Dakota County Engineer Dave Everds stated that Inver Grove Heights has other things going on at this time and are limited in their financing until the year 2000. He said the County would prefer to construct both segments at the same time in the year 2000. Councilmember Awada added that she would like to let the people who live in the area know when ta;expect the extension. Councilmember Masin stated that she'is *co'i*' ed: yuith the timing of the improvement at Diffley and Rahn Road. She further stated that a signar:is needed:kiidAe asked when it will be installed. Public Works Director Colbert explained that the Couriiy has started::: q analyze that intersection and would like to meet with the City Council at a work session: 6* :d te-iiW —w:*:: atoption should be pursued. He said it is the number one intersection in Dakota Co�ityediiig signalization. He further said the recommendation is to carry the study intq.A'0 8 and the results will determine when construction should be programmed, if feasible. Councilmember Wachter stated he does not object to the upgrade to Cliff Road in 1998 or the extension of Lone Oak Road in 2000. Mayor Egan noted that a letter Wdi-' eceit�ed-fib iXe" :&id Diane Olinger stating their opposition to installing medians at Parkcliff or Parkridge Drive:::::::. Kristi Soderling, 4657 Park Cliff Drive, requested the upgiade to Cliff Road be constructed in 1998. She stated that walking along Cliff Road is dafgLrous a -added that turning lanes should be provided to ensure safe turning into the neighborhood. She requested the intersection at Cliff and Parkridge Drive be left open for safety and convenience reasons and she said the vast majority of the residents support this also. She also requested the City work with the County regarding the stipulation that there cannot be open medians at both Parkcliff and Parkridge Drive. She cited reasons supporting leaving the median open at Parkridge Drive versus leaving tht-*edian open at Oak Chase Road. Roxanne Flett, 4654 Parkridge Coy .said ;that s�►e ws.told the upgrade to Cliff Road was going to be included in the 1995 Dakota CounbX- M: 44*4-fi t'sai l :tinct the shoulders aloe -g Cliff Road are dangerous to walk on. She stated that the mediai s�'at bitik- !� .6 Road and Parkridge Drive should be left open. She urged the Council to request the upgrade to Cliff RoM be completed in 1998. Sandy Fredrickson, 4590, Oak Chase Road, stated that access to Cliff Road from Oak Chase Road should be left open. She further stated that safety is their main concern. EAGAN CITY COUNCIL MEETING MIIZUTES; OCTOBER 21,1997 PAGE 8 X. Dal DeWolf, 4561 Oak Chase Circlo istated he spoke at*;�ity Council meeting in 1996 about the improvements to Cliff Road and at that point4he City Council.derided to defer them until 1998 or 1999. He said there were a number of people preOnt.that evening visit objected to the improvement to Cliff Road. He further said that the people preserit:ftVevgnin,0robably not aware that the issue is being discussed tonight. He wanted to ensure that ttie cpt ...U. made this evening are not representative of the overall view of the community with regard to these improvements. Mayor Egan stated that Mr. DeWolf raised a good point. He said there were very significant and realistic reasons why the project was denied previously. He further .said that he hopes these unresolved issues will be addressed when the project iksax:feiititia:;the future. He commented that the action before the Council this evening is to jirovi*&'dAnm rit's 44.'responses to Dakota County regarding their 5 -Year Capital Improvement Program and this.it�-ikot to hct 4.ihe public hearing. Councilmember Blomquist noted that the seashn for ssing access onto Cliff Road from Oak Chase Road was precipitated by theParkcFt d tf opaii *"W, :i ieir concerns for keeping both roads open. She said that design detail for Cliff ltoa'cl'i be looTcecf'at later, but khat is being addressed at this time is the three entrances onto Cliff Road. She further said that both of the neighborhoods were designed with these entrances and that was a strategic part of the planning. She stated it is important that the three accesses remain open. Katherine Karpinsky, 4553 Oak Qpe.Way, asked if it was possible to leave all three accesses open. Public Works Director Colbert exp lafti#kiat1fff Road is a County road and a major thoroughfare and the County has safety concerns with leavulga1l:.... Apgesses open. Ms. Karpinsky added that they want to pursue maintaining access in and out oftheir neighiioihood safely. Dakota County Engineer Dave Everds. �o ieilf6d"th' t'no median breaks were constructed on Pilot Knob Road in order to try and get PiW Ix:Roacf built ten years ago through an agreement with the Council. He stated that there is a goo�#:pdssibility that one or two of the median breaks on Cliff Road west of Pilot Knob Road will need to be closed in the near future to comply with the County's spacing guidelines. He further stated that although something was designed ten years ago it may not be suitable today. He said the intent is to provide a through street system and adhere to safety standards. He further said they are not able to recommend leaving both openings open and he would recommend closing the median at Oak Chase Road. Steve Boehm, 4576 Oak Chase Road, commeAed on safety issues. Councilmember Wachter asked for clarifica" about C-6uncilmember Blomquist's position at the Public Works Committee meeting where she stated tfieie were*,:a:1ot of people who wanted to close the access to Cliff Road from Oak Chase Road. Councilmember Bioiriquist stated that in her conversations with some neighbors during meetings held this summer they had requested the road be closed off. She further stated that it would be impossible to close this road because there are 700 plus average daily trips on Oak Chase Road to Cliff Road. Councilmembers concurred with programming the uding to Cliff Road in 1998 and extending Lone Oak Road from Highway.554p..CRb3. to ;the .yeas 2000. Councilmember Wachter moved, Cour'icilmeinlis'r Aw'atla seconded a motion to provide comments to Dakota County regarding their proposed 5-year:C-a}iital Improvement Program (1998-2002) to accelerate the Cliff Road upgrade (ChesMar to Lexington) tp:!"8 and to move the Lone Oak Road improvement (TH55 - CR 63 (IGHT's) to the year 2000. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 9 .: W $USINESS ' PLANNED DEVELOPMENT AMENDMENT & ? LIMINARY SUBDIVISION RAHN 1 # ra.ASSO_U- . 'IONS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision (Rahn Ridge Third:..' as#):GOMs sft f two lots on 2.42 acrescurrently platted as Lot 2, Block 1, Rahn Ridge Secoiiil _ following conditions: Standard Conditions 1. The Developer shall comps "i€h'# iese:s%anda t conditions of plat approval as adopted by Council on February 3,A7'993" Al, B1, C1, C2, C4, Dl and El 2. The property shall be platted. Access Street Design An easement for joint pas the City Attorney for revi easement shall be record( Parks and Recreation 2 shall be prepared and submitted to final subdivision approval. The 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedicatio.-O :sl}a}l•b�:f idled through a cash dedication. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmen &r Wadi seconded a motion to approve a Planned Development Amendment to allow constni bn of ar;:dffice building on proposed Lot 1, and a medical/ dental clinic on proposed Lot 2, Block 1, Rahn Ridge Tiiiid Addition. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2 subject to the following conditions: 1. A Preliminary Planned Development Agreementrshall be executed prior to final subdivision approval. The Agreement shall li�:iccorded at the County Recorder's office with the plat. 2. The term of the Preliminairy tifiie$'Ei ve3opment shall be five years. The following exhibits are required for the P Development Agreements: Preliminary Planned Development: Final Planned Development: Preliminary Site Plan Final Site Plan Preliminary Landscape Plan Final Landscape Plan EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER Z1, 1997 PAGE 10 Preliminary Building ElO�iations ftal Building Elevations Final Site Lighting Plan 4. All building, parking/ drive''a�:ad.sCped areas shall be properly maintained. Trash Enclosure 5. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure attached. to the principal structure, consistent with City Code requirements. Landscaping 6. Prior to final subdivision approv4r:landsq#0F,'plan shall be revised to include grading contours. Architecture/ Building Elevations 7. The clinic on Lot 2, Block 1, Rahn Ridge 3rd Addition shall be constructed with exterior materials of brick, siding and asphalt shingles with a gabled roof as shown on the building elevation plans dAted August 26,1997. The exterior materials shall be compatible with that of iia, 10$: building on Lot 1, Block 1, Rahn Ridge 2nd Addition. •.r 8. The proposed office building of lot 1, Wpck;lt:��hn Ridge 3rd Addition shall be consistent with the building el�di3tiori j�a is:dafed January 2,1997, last revised February 7,1997. For consistency wlt#n:fie Planned Development, the exterior materials shall be compatible with that of th. 4'"Kisting office on adjacent Lot 1, Block 1, Rahn Ridge 2nd Addition. Stege 9. One ground sign not excw""ffl tg 5e "'I " t:;rt; i igftt is allowed for each lot. All signage shall comply with City Sigtf'Code,ptb�iisiio-ii�:liir:tocation, size, setbacks and height. Lighting 10. A photometric lighting plan shall be Submitted Dior to Final Planned Development approval. For security reasons, lighting shall riot be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. Aye: 5 Nay: 0 Mayor Egan stated that this proposgl,.�q s;�,u6 prefer I over the last development proposal. Councilmembers agreed. COMPREHENSIVE GUIDE PLAN AMENDMENT :]DELTA DEVELOPMENT, INC. City Administrator Hedges provided an overview on this item. He stated that APC members expressed concerns about approving this proposal before a more comprehensive study of redevelopment in the Cedarvale area is completed. Senior Planner Ridley gave a staff report. EAGAN CITY COUNCIL MEETING MINUTE,9; OCTOBER 21,1997 PAGE 11 X. Mark Parranto, Delta Development; Showed a videota&:ig the proposed site and townhome projects he is developing in other communities. He also presented drawings of the concept plans of the proposed project. He stated that this prop4 kits within the:tia"3c zoning of the property. He said they are proposing a redevelopment of what theyecii5ite; tv •be;a:;[l3ghted area. He said they propose to develop tou nhouses that are segregated from"' c t ier 'and residential areas. Councilmember Masin said she appreciates the fact that the developer does not propose to do major grading and remove many trees. She asked for clarification on the difference between this proposal and the one denied earlier this year. Mr. Parranto stated that this proposal is less dense than the earlier proposal. Councilmember Masin commertiec7: ktitt:$ :�"�+c}fi S j?portive of changing the commercial use to residential and she does not supporfifaf'tYus:#iii# ei4ter:;:?ouncilmember Awada stated that the entire area should be redeveloped rather than just pjt'i:'t Mr. Pa iitito said that they are seeking the Council's input as to what they would prefer be done -in this area.. Councilmember Wachter noted tt i area hi"% � i '%%%" d commercial for sometime. He also noted that the Cedarvale area has been striEiggFiiig. He safed'tliat he supports the concept of redeveloping the whole area instead of just part of it Andrew and Cindy Hogan, 2085 Carnelian Lane, stated that a year ago the APC and City Council had indicated this type of development was not a good idea. Mr. Hogan gave credit to the developer for his efforts in attempting to develop the situ order to mitigate many of the neighbors' concerns but he stated that many of the problems still renikiFi:c: #. i said.they like the neighborhood the way it is. He added that previously they had submitted a 350 signatures of their neighbors who were opposed to this type of development. He stated tiie :woiiTd: prefer single family homes or commercial development on this site. Ms. Ho& questior ed.:V-: its amendment were approved would another developer be able to develop the land tt .fo di: tpMffium density of 202 townhomes. Councilmember Blomquist stated.. t the Cedarvale area has changed and what remains does not fit the CSC designation. She said she does not ever envision this area fully developing as commercial. She further said that this proposal looks like a good use for the area. She noted that the units will be owner occupied. She added that she would support the amendment if a condition was attached to limit the number of units. Mayor Egan stated that Mr. Parrartto:Yias }iiifi'&:# k1Y4tight and consideration into his development and is trying to follow the topography 4f.the site :and is cutting the density of the allowable townhomes in half. He further added that Cedarvale 6 not a Vi le commercial area and it is not likely that will change. He said that this residential develQpjpent will xovide a new market for that area and will eliminate the excess commercial and clean up bt. He i"d that this proposal should be secured via an agreement with the developer. . ' . ` Councilmember Awada stated that she always votes against townhouse proposals but was willing to support this request because CSC is not a viable use in this area. She further stated that it is the Council's goal to get a quality redevelopment in this area and:Sbg suggested that the applicant withdraw this request for the Comprehensive Guide Plan Amendment atiid;come back to the Council with a package request including a Comprehensive Guide Plan Amgpdmep.t, irezoning and preliminary plat approval. She added that the Council would be intexes t#: it; c sre#dpmeiit of the entire site. S1 i further added that the developer should address the neigftFsorhddtf'fvitteriis f3q keeping the height of the townhouses low and limiting tree loss. Mr. Parranto agreed to withdraw his request and suVi iif a new Comprehensive Guide Plan Amendment, rezoning, and preliminary plat request. EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 12 Councilmember Awada moved, Cj-Imcilmen withdrawal of the applicant's request for a,.Cgmprehi use designation on approximately 17 acres'�6 CSC (0-3 units per acre) to D -III Residential (6-12'i MR.;Pel property located on Beau De -Rue Drive in the'l ?;:i :seconded a motion to accept the isle Plan Amendment to change the land JW Shopping Center) and D -I Residential 316w development of townhomes on 19. Aye: 5 Nay: 0 DEVIATION FROM THE AWNINGS STANDARDS FOR EAGAN PROMENADE City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He indicated that Blockbuster'V de.'q:x'as'W .:df the architectural guidelines regarding awnings and failed to adhere to them. He'aidr#e 'tl f 13a .3i vertently overlooked the deviation in the guidelines that Office Max had shown on their phis. Councilmember Masin stated that BlockbugW.:should lie-.�ade to comply with the guidelines since they were informed and still installed. ttjxig5:""A$U �ti ';A ith the standards. Councilmember Blomquist stated that it is understandable for a business to install incompatible awnings if they were of the assumption that their awning complied with the guidelines but it is not acceptable for a business to disregard those standards after being informed of the City's standards. Councilmember Blomquist moved;:CQuncilmember Awada seconded a motion to deny an exception to the architectural guidelines reg z A%- Wings for Blockbuster Video. Aye: 5 Nay: 0 Mayor Egan moved, Councilmember Awada s'ecoitded'a motion to approve an exception to the architectural guidelines regarding awnings for Office Max..,Nay: 0 KD 11 TI$ pIVE AGENDA REQUEST TO RECONSIDER CERTAIN ACTION REGARDING ENFORCEMENT TO REMOVE BUS BENCHES & SIGNAGE City Administrator Hedges provided an overview on this item. Councilmember moved, Mayor reconsider action regarding enforcement to remove bus benches and signage. Councilmember Masin stated she was not opPpsed to t6..:action the City Council took, but she said she would prefer that the Council prepare a poiiep. Coune... ember Awada said that Eagan has low ridership and the benches are not being used other than for advertising. She stated that they are obstructions in the public right-of-way. Councilmember Wachter added that the benches are a nuisance for the Public Works Department with regard to plowing and mowing the boulevards. He stated that if the MVTA has specific places they need to have the benches placed that can be addressed at a later ;elate. He indicated he would be willing to extend the removal date of the benches to November 15. " Councilmember Blomquist stated:d9'fi"64*'liiel'ies'ate'iiot removed by the end of October they may interfere with snow plowing. She said that the benches are�erving as billboards and she felt the Council should adhere to their motion to have them removedbk :the end of October. A vote was taken on the motion. Aye: 2 Nay: 3 Due to the lack of a majority the motion failed and the request for reconsideration was denied. , EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 21,1997 PAGE 13 Councilmember Awada moved, Qjo iiiicilmember Wachk i -seconded a motion to approve an extension for removal of bus benches to NQvcmber 15,1997 to National Courtesy Bench and U.S. Bench Corporation. Aye: 5 Nay: 0 Public Works Director Colbert stated t14ia[tic of snow usually doesn't need to be done until the first of the year. Mayor Egan said that he ieceived a list of communities that allow bus benches and they do not appear to be concerned about safety with regard to bus benches and plowing. He further said that this was not a valid reason for denying bus benches in the City, but he stated there are other reasons. Len Thiel, U.S. Bench Corporation siatetI' c int Oy..� as been operating in the City for 30 years and National Courtesy Bench has only been opiefating in;jN'e City for six months. He added that U.S. Bench has a lot of commitments to fuMlL He syggested that the Council give further consideration to preparing a policy they had intended to prepare emit Fr►onths:a,�ii. Mayor Egan said that the Council has thought very hard about this issue and thai a i :#ia ..:*k-eii. Mr. Thiel added that they never heard any complaints from the Council in the 30:jf6ifs�ifiey had-W.nclies in the City. Councilmember Awada stated that the City Council cannot discriminate between what companies are allowed to do business in the City. She said she understood U.S. Bench's position but added that the City is now flooded with these benches and they have become an eyesore. She noted that the City does not want to be in the business -0 regulating them. REVIEW MLC . A VF!%# Gl$LATIVE PROGRAMS X. City Administrator Hedges provideda i overview Qx!,Omjtem. Councilmember Wachter commented about fiscal disparities and stated tl i ,.tone ? ,s; icitbeing used for what it should be. FIRE ADMINISTRATLQIV'BYJILDING COMMUNICATIONS USES This item was considered under Department Head Business and continued to a future Special City Council meeting. SPECIAL CIT :�P J1VG :KEETIXG - NOVEMBER City Administrator Hedges stated that the N.avember 4,1997 regular City Council meeting would need to be rescheduled since Independent School Dftict 191:W*having an excess levy referendum that evening. Mayor Egan moved, Councilmember Awada secondea'a`motion to reschedule the November 4 City Council meeting to November 3 and schedule a Special City Council meeting on November 3 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Aw:ad.e seconded a motion to reschedule all public hearings originally scheduled for November 4 to Novel' ler 18. Aye: 5 Nay: 0 HIGHWAY 5 .. ... ..M ,.�#IF DISTRICT DEVELOPMv'b "IIE1`Fii -AMENDMENT City Administrator Hedges provided an overview ori:*diis item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an amendment to the Eagan Business Commons TIF development agreement within the Highway 55 EAGAN CM COUNCIL MEETING MINUTES; OCrOBER. 21,1997 PAGE 14 redevelopment area to apportion anticipato.'d:tax increment prok*Ws to the respective buildings within the project. Aye: 5 Nay: 0 Councilmember Wachter commented on*a"*M':'A".r:iictl *.'Mdicating that health coverage costs are expected to rise next year. Councilmember Awada mentioned that she is moving her company to Eagan and it will be located in Eagandale Center. Councilmember Malin said she met with a i�*?'4`mj` ber of xiifthbors around Ashbury Lane who are concerned about the proposed Delta Development ori the Blue Cidss/Blue Shield campus. She further said they were concerned about traffic on Ashbury. La'e. She slikd that it was suggested to the neighbors to submit a petition requesting traft, be looked at by staff. She asked if staff could be authorized to proceed with byymg`tb'initiiaWiiie:6&ffic problems. Councilmember Awada said she felt it would be appropriate for staff to proceed to address the traffic problems. Councilmember BIomquist asked if a traffic count could be conducted on the number of average daily trips in the area. City Administrator Hedges noted that it is important to separate the traffic/ transportation issues from the Delta Dental proposal. Councilmember Blomquist stated that the issues can be separated but the traffic problems should be addressed now. Councilmember Masin requested c1&flftkti8h:oA to when and if the ring road will come through this area. City Administrator Hedges stated that be addressed at the Advisory Planning Commission meeting and then brought to the qit'. Council . . .... Councilmember Malin stated that she,:MAY gr:lgan and City Administrator Hedges were at an Eagan Foundation Community meeting. $h:,'�,,.tammented that the League of Minnesota Cities has prepared a videotape on building assets iri youth that she would like the Council to see. She said she attended the Minnesota Transit Conference and there was an excellent speaker who talked about global diversity in America. Councilmember Wachter moved dated October 16, 1997 in the amount of The meeting adjourned at 11:10 p.m. iotion to approve the check register Date City Clerk If you need these minutes in an alternative form such as large print,,Br4ille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122,(612) 681-4600, (Tbb':*"hone: (612) 454-8535). 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, -sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo November 3, 1997 Eagan City Council Meeting 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 fiuther 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. Secretary/Fire Department -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Secretary for the Fire Department. FACTS: Final interviews for this position were held on Friday, October 31, 1997. It is expected that there will be a name available at the City Council meeting of the person recommended for hire. If not, staff requests that the Council give approval for the hire of the person to be recommended. Item 2. Temporary Recycling Intern -- ACTION TO BE CONSIDERED: To approve the hiring of Amy Larkin as a temporary Recycling Intern. Item 3. Resignation/Temporary Building Inspector -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Franklin Martin, Temporary Building Inspector. Item 4. Resignation/Planning Intern -- M ACTION TO BE CONSIDERED: To accept the letter of resignation of Tamara Pregel as a temporary Planning Intern. Agenda Information Memo November 3, 1997 Eagan City Council Meeting Item 5. Finance -Administration Reorganization/New Pay Ranges -- ACTION TO BE CONSIDERED: To approve the pay range of clerical level 6 for the expanded position of Account Clerk/Deputy Clerk position and non-exempt pay range I for the expanded Administrative Secretary/Deputy Clerk position. FACTS: In official action at the October 7, 1997 City Council meeting, the Council approved the reorganization in Finance and Administration whereby the Administrative Assistant/Deputy Clerk position in Finance was eliminated and the Account Clerk position was expanded to Account Clerk/Deputy Clerk and the Administrative Secretary position expanded to Administrative Secretary/Deputy Clerk. Since that time, time spent profiles (TSP's) have been developed for the expanded positions and the results indicate that the Account Clerk/Deputy Clerk position should be placed in the clerical 6 pay range and the Administrative Secretary/Deputy Clerk position in the non-exempt I pay range. Item 6. Affirmative Action Policy/Repeal— ACTION TO BE CONSIDERED: To approve the repeal of the City of Eagan's affirmative action policy/plan. FACTS: On October 22, 1997 the Personnel Committee of the City Council met to review a number of items, including current national developments regarding affirmative action and how these developments would or should affect the City of Eagan's current affirmative action plan. Nationally, there has been legislation prohibiting affirmative action and court decisions against the use of affirmative action plans to make personnel decisions. It is the recommendation of the Personnel Committee that the City of Eagan's affirmative action plan/policy be repealed. The results of this action would still uphold the City's status as an equal opportunity employer. This means that all applicants and employees would be treated equally (as they are now) and there would be no discrimination because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. 9 Agenda Information Memo November 39 1997 Eagan City Council Meeting B. RESOLUTION APPROVING EXEMPTION FROM LAWFUL GAMBLING LICENSE ACTION TO BE CONSIDERED: To approve a resolution providing for an exemption from the lawful gambling license requirement for the South Metro Chapter of the Minnesota Deer Hunters Association for a raffle which will be held at the Royal Cliff facility on February 275 The City is in receipt of the above referenced application. It has been reviewed by staff and is in order for consideration by the Council at this time. Resolution attached on page, Application enclosed without page number. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLILNG LICENSE 0 WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the South Metro Chapter/Minnesota Deer Hunters Association will operate a raffle at the Royal Cliff Banquet Center on February 27, 1998: NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan. Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for South Metro Chapter/Minnesota Deer Hunters Association. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY C CITY C By: Its Attest: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota Cour.:y, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of November, 1997. E. J. VanOverbeke, City Clerk Agenda Information Memo 'November 3, 1997 Eagan City Council Meeting C. WAIVER OF SUBDIVISION — JOHN MAHONEY ACTION TO BE CONSIDERED: To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership for Lot 1, Block 1, Wescott Hills Vh located at 876 & 878 Wescott Square. FACTS: • This property was platted for twin home development and rezoned to R-2 in January of 1996. The proposed twin home development and lot split are consistent with the City's R-2 standards. ATTACHMENTS (1): Staff Report on pages through PLANNING REPORT CITY OF EAGAN REPORT DATE: October 28, 1997 APPLICANT: John Mahonev PROPERTY OWNER: Brad Jordahl REQUEST: Duplex Lot Split LOCATION: 876 & 878 Wescott Square CASE: 14-W-1-10-97 HEARING DATE: Nov. 3, 1997 PREPARED BY: Mike Ridley COMPREHENSIVE PLAN: D -III, Mixed Residential (6-12 ufac) ZONING: R-2, Double SUMMARY OF REQUEST John Mahoney is requesting approval of a Waiver of Subdivision to allow a duplex lot split for property platted as Lot 1, Block 1, Wescott Hills 5`h Addition located south of Wescott Square and west of Ivy Lane in the northeast '/4 of Section 14. BACKGROUND/HISTORY Wescott Hills 5' Addition was approved in January 1996 consisting of four lots. The site is zoned R-2, Double. EXISTING CONDITIONS The proposed duplex will have separate utilities to each unit. EVALUATION OF REQUEST The applicant is requesting the waiver of subdivision to allow individual ownership of each half of the duplex. Lot Sizes — The overall lot size is approximately 17,000 S.F. and the overall iot coverage is 14% although the proposed lot split results in unequal lots due to a 50° wide easement that runs the length of the west side of the lot. Setbacks — All building setback requirements are met. Utilities — Sanitary sewer and water are available. SUMMARY/CONCLUSION The applicant is proposing a duplex lot split to allow individual ownership of each half of the duplex. The property is consistent with R-2 performance standards and the surrounding duplex development. ACTION TO BE CONSIDERED To approve a Waiver of Subdivision to allow a duplex lot split for Lot 1, Block 1, Wescott Hills 5' Addition. 1. This Waiver of Subdivision shall be recorded with the Dakota County Recorder's Office within 60 days of Council action. 2. Separate utilities shall be provided to each unit. ,;L rn•o{Eagao City of Eagan Community Development Department Location Map 0 0 Yankee Doodle Rd 0 Subject Site Zia Ir W N p Jlj N F - John B. Mahoney Duplex Lot Split Lot 1, Block 1, Wescott Hills 5th Addition Case No. 14-W-1-10-97 \432-3000 NEY CONST IROBC CONSULTING a d LAND suRVEvon% ENGINEERING EcT N0.COMPRNY INC. 800EL`TPAGE1000 FAST 1461h lTREEi, @UTINSVILLE, MINNESDTA 33337 I -q d SCALE: 1'= 30' t5(= -N) :1.1 MaRy.. .rtJ IIYD. C i2AIL C-- '. -r R nsLS C-"() Fl -r -V. = OSS.76 H CERTIFICATE OF SURVEY LOT SPLIT DESCRIPTION PARCEL A: That part of Lot 1, Block 1, WESCOTT HILLS 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota which lies west of a line drawn southerly, to the south line thereof, and parallel with the east line of said Lot 1, Block 1 from a point on the north line thereof distant 38.00 feet westerly from the northeast corner of said Lot 1, Block 1, as measured along said north line. PARCEL B: That part of Lot 1, Block 1, WESCOTT HILLS 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota which lies east of a line drawn southerly, to the south line thereof, and parallel with the east line of said Lot 1, Block 1 from a point on the north line thereof distant 38.00 feet westerly from the'northeast comer of said Lot 1, Block 1, as measured along said north line. (2E(-' D DENOTES EXISTING ELEVATION 8]0.4) DENOTES PROPOSED ELEVATION —0-- INDICATES DIRECTION OF SURFACE DRAINAGE UaLb7 = FINISHED GARAGE FLOOR ELEVATION Sb� = BASEMENT FLOOR ELEVATION 00 = TOP OF FOUNDATION ELEVATION VJESGOTT SQUARE 'e j "!7i ( �g67g�.�%. jj�p e 79,65 p 38.1 56 l w(rl�J \ o I+�6685,� 63 1 10.0 o �'� 81�. (,7� 6111 p 10.00 1_•�� SE•.�T3 � PAKeel A - /7 531, Z S. F to,o I r � , Gotf/LgGE � 32.9 pl J PARCE L B° 6, 6 5S,5 8. e GAP - LI AP. 1M/FW10- S StreFAre = 1,7 4.4-, o s. r. covEe"r17 3 S = 30 8 c�J -J �. i \' W I.01 PRp pos r° - o ,ri ,=i,.:.: s`�J R0P.IfC certify f 0�0.00 O SE... cr C� land as 10 J VbuI7�5Ewe hereon. As prepared by me this - 191" , 0 u~i PROPnSeo PI S�PYICES� M� �-�T- PARCEL A r d' �EFYIcES PARCEL B HJ� �LEei - L82 "IM FLR, /� p 10.00 1_•�� PAKeel A - /7 531, Z S. F 1ArfM—t15 j41LF�ue = 5,'76 Z.4 6. Os'' r � , Gotf/LgGE � 32.9 pl J PARCE L B° 6, 6 5S,5 8. e 191 2 1M/FW10- S StreFAre = 1,7 4.4-, o s. r. covEe"r17 3 S = 30 8 c�J r° - o ,ri ,=i,.:.: 1_ V) AODRE5�E5� PARCEL q 876 WeScorr spgRE- PARcEL 6 WATER 076 WESGoT7 SQUiPRE f/y.424 � ,that I hereby certify this is a trueaand�co>.rect representation of a tract of land as shown and described hereon. As prepared by me this (0 79 day of 191" , /©-3p- i7 : AW 1^04WI0-1-1 4'rm 1A -7'e e4 i101+ �= n- Minn. Reg. 140. Agenda Information Memo November 3, 1997 Eagan City Council Meeting D. FINAL SUBDIVISION — EAG. -AN PROMENADE 3RD ADDITION ACTION TO BE CONSIDERED: > To approve or deny a Final Subdivision (Eagan Promenade.) Addition) consisting of one lot on property currently platted as Lot 9, Block 2, Eagan Promenade. FACTS: > In July 1997, the City Council denied a request by Opus to subdivide this property into two lots to accommodate a hotel and retail development. At that time, concerns were raised about the proposed extended stay hotel and the concept of development the property with both a hotel and retail. > On August 19, 1997 the Council approved a revised Preliminary Subdivision (Eagan Promenade 3`d Addition) consisting of one lot. The purpose of this subdivision is to split off the eastern portion of the current property. which contains a large wetland, so that it can be combined with Lot 8. Block 2, Eagan Promenade (the in-line center). > Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: > Final plat drawing, page �o 0 Ci f6r 3. P5., 0 1. ON LLJ jH OE O �j .a ��- �� $ to .f5� F � 5 I ca t . !f a S A Q,- 'as's i- s Jl E3.E zu Q9 24 LW — — — — — — — — — — — Ci f6r 3. P5., 0 1. ON Agenda Information :Memo November 3, 1997 Eagan Cite Council Meeting E. RESOLUTION REGARDING CONTINUED PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM ACTION TO BE CONSIDERED: To adopt a resolution to continue participation in the Metropolitan Livable Communities Act for 1997. FACTS: • In 1995, the City of Eagan decided to participate in the Metropolitan Livable Communities . Act program. The City has negotiated and adopted affordable and life cycle housing goals in accordance with the program and has submitted an action plan as a part of the Dakota County cluster. Thep rogram. requires that the City inform the Metropolitan Council of its intention to participate in the program each calendar year by resolution. The City must submit this resolution by November 15. In 1997, the City was required to expend its affordable and life cycle housing opportunities amount (ALHOA). The City of Eagan ALHOA amount for calendar year 1997 was $46,553.00. • Communities have flexibility in determining the use of their ALHOA contribution. Appropriate applications include local dollars for housing assistance, development or rehabilitation programs, local housing inspection and code enforcement, and tax levies to support local/county HRA's. In 1997, the City far exceeded the ALHOA amount with its allocation of community development block grant funds for single family housing rehab, down payment assistance, and the HRA tax leer. + In 1998, the City of Eagan will be required to expend its affordable and life cycle housing opportunities amount of $48,630.00. The City will easily be able to expend this amount with the ongoing HRA tax levy and our commitments to single family housing rehabilitation and down payment assistance with the CDBG program. + The formula for calculating the ALHOA amount is included as an attachment. BACKGROUND/ATTACHMENTS: (2) Resolution, pages through 14—. Metropolitan Council ALHOA worksheet, page. RESOLUTION NO. 97 - CITY OF EAGAN RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fundy comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1997, can continue to participate under Minnesota Statutes section 473.254 if. (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the IF 0 municipality. NONA', THEREFORE, BE IT RESOLVED THAT the Cite of Eagan hereby- elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Motion made by: Seconded by: Those in favor: All Those against: None Attest: CERTIFICATION Its Mayor Its Clerk I. E.J. VanOverbeke. Clerk of the City of Eagan. Dakota County. Minnesota. do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the Cite of Eagan. Dakota County. Minnesota. in a regular meeting thereof assembled this 3rd day of November 1997. resolution.]iv98 E.J. VanOverbeke, City Clerk IY � {E §ƒa% £u � 52tl� Aa��t }/�3� w 77{Q �■)2 §k§ 3j- \)/ ƒ � ƒ$/§K & # /k/§ƒ £ wd A) §]!g 7)t� £ \ � � \ 2 Agenda Information Memo November 3, 1997 Eagan City Council Meeting F. SET PUBLIC HEARING, CEDARVALE SPECIAL SERVICE DISTRICT 1998 BUDGET ACTION TO BE CONSIDERED: To set a public hearing for December 3 for the Cedanvale Special Service District 1998 1 consideration. FACTS: * To provide services for the Cedarvale Special Service District, statute requires that th hold an annual budget hearing and notice the affected property owners regarding the o individual properties and the cost anticipated for individual properties. ♦ Since the District's creation, the primary activities have been the construction and installa an area -wide sign, maintenance of the sign and mowing and maintenance of the co boulevard areas. ♦ Owners '"ithin the area met on October 23 and reviewed budget alternatives for the Special Service District budget and established a proposed budget for the coming Additional information concerning this matter will be provided at the time of the hearing. Agenda Information Memo November 4, 1997 G. CONTRACT 97-13, IGH/SOUTHERN LAKES ACTION TO BE CONSIDERED: To receive the bids for Contract 97-13 (IGH/Southern Lakes — Trunk Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 1, 1997, the City Council entered into a Joint Powers Agreement with the citta of Inver Grove Heights which provides for the extension of utilities to serve a limited defined area of development within Inver Grove Heights. • Contract 97-13 provides for the extension of trunk water main and storm sewer facilities to serve the proposed Southern Lakes development within Inver Grove Heights under Project 723 which was approved as a result of a public hearing held on September 2, 1997. • At 10:30 a.m. on Friday, October 3, formal bids were received. These bids have been reviewed for accuracy and compliance with the bid specification documents and found to be in order for favorable Council action. ATTACHMENTS: 1%;rl 19 page 11'07 Q city of eegan SOUTHERN LAKES (IGH) EAGAN, MLNNESOTA City Contract No. 97-13 City Project No. 723 File No. 49584 Bid Date: Friday, October 3, 1997 Bid Time: 10:30 a.m. Contractor Base Bid 1.) Burschville Construction, Inc. S 246.265.50 2.) G.L. Contracting, Inc. 259,704.98 3.) Brown & Cris. Inc. 286,633.10 4.) Utility Systems of America. Inc. 302,749.00 5.) Barbarossa & Sons, Inc. 307,483.00 Base Bid Preliminary Report Estimate (Base Bid): S 275,850 Under (-) Preliminary Report: -10.7% Engineer's Estimate (Base Bid): 290,000 % Under (-) Engineer's Estimate -15.0% Agenda Information Memo November 3, 1997 ACTION FOR COUNCIL CONSIDERATION: To approve the plans for Contract 98-01 (Southern Lakes — Water Tower) and authorize the advertisement for a bid opening to be held at 2:00 p.m. on Monday, December 8, 1997. FACTS • Contract 98-01 provides for the construction of a 1.0 Million Gallon (MG) water tower to be constructed on the NSP Wescott Gas Plant Facility in Inver Grove Heights approximately a half mile north of Cliff Road. • On October 21, the City Council received and reviewed the feasibility report for Project 724A, approved the project in accordance with the Joint Powers Agreement with Inver Grove Heights and authorized the preparation of detail plans and specification. • The plans provide for two alternative tower designs (fluted column and pedestal spheroid) for competitive bidding purposes. • In accordance with the JPA, Inver Grove Heights is in the process of acquiring the property to accommodate this tower installation. A Conditional Use Permit (CUP) is also being processed by Inver Grove Heights in accordance with their zoning code. The status of these acquisitions will be addressed at the December 16 Council meeting when the bids are received for consideration of formal contract award. 11 Agenda Information Memo November 3, 1997 ACTION TO BE CONSIDERED: To receive the bids for Contract 97-10 (Hwy 149 & Lone Oak Parkway — Signalization), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents, subject to MnDOT's approval of the cooperative agreement. FACTS: • Contract 97-10 provides for the installation of a signal on Hwy. 149 at its intersection with Lone Oak Parkway. The installation of this public improvement under Project 707 was approved as a result of a public hearing held on April 15, 1997. • The City Council approved the plans on September 16, 1997, and authorized a competitive solicitation of bids. Subsequently, a bid opening was held at 10:30 a.m. on Friday, October 17, 1997. • All costs associated with this project will be financed by the new United States Postal Facility under the terms and conditions of the development agreement. ISSUES: • City staff has received Municipal State Aid approval for this improvement. While we are currently awaiting receipt of the executed cooperative agreement (just maintenance/no funding) from MnDOT, it is recommended that the contract award be subject to execution of the related agreement. ATTACHMENTS: • Bid summary tabulation, pageC2 ( 3535 VADNAIS CENTER DRIVE, 200 SEN CENTER, ST. PAUL. MN 55110 6124%,-;-1000 800 325.2055 ARCHITECTURE ENGINEERING ENVIRONMEN7AL d TRANSPORTATION Dne (1) Full Traffic Actuated Traffic Control Signal System and Interconnect Highway 149 (Dodd Road) at Lone Oak Parkway City Project No. 707 City Contract No. 97-10 State Project No. 1917-36 State Aid Project No. 195-010-02 ID Bid Date: Friday, October 17, 1997 Bid Time: 10:30 a.m. CONTRACTORS TOTAL BID 1. Collins Electrical Construction Company $147,543.70 2. Peoples Electrical Contractors $152,483.17 3. Ridgedale Electric Inc. $161,669.20 4. Egan McKay Electrical Contractors $165,264.00 5. Polyphase Electric Inc. $172,243.40 6. Electrical Installation and Maintenance Company $192,267.72 Low Bid $147,543.70 Feasibility Report Estimate $167,090.00 Percent Over (+) Under (-) 11.7% Engineer's Estimate $178,204.00 Percent Over (+) Under (-) -17.2% SHORT ELLIOTT HENDRlCKSON INC. MINNEAPOLIS, MN ST. C UD, MN CHI EWA FALLS, W! MADISON. WI LAKE CUUNTY, IN E `AL.O✓ OH vN1 .IPLOYER Agenda Information Memo November 3, 1997 I CONTRACT 97-15, MURPHY P ARKWAY WATER MAIN IMPRO`'EMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 97-15 (Murphy Parkway— Trunk Water Main Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-15 provided for the construction of trunk water main along Murphy Parkway, north of Deenvood Drive, to interconnect the existing water main system at Blackhawk Ponds to the newly platted Murphy Farm Addition. • The improvements detailed in the change order address the addition of one fire hydrant along the east side of Murphy Parkway. • The additional fire hydrant will provide future fire protection for the new homes soon to be constructed in the immediate area. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $1,289.25 (1.5% of original contract). The associated cost will be the responsibility of the Trunk Water Main Fund. ATTACHMENTS: • Change Order No. 1, pages � through0� . city of eagan CONTRACT #: 97-15 PROJECT #: 722 CHANGE ORDER #: # 1 DATE: October 8. 1997 PROJECT NAME: -Mumhy Parkway — Watermain Im rovements PROJECT DESCRIPTION: Watermain installation along, Murphy Parkway to provide a looped watermain system from the existing watermain at Blackhawk Ponds to the newly platted area of the Murphy Farm Addition. CONTRACTOR: Brown & Cris 19740 Kenrick Avenue Lakeville MN 55044 DESCRIPTION OF CHANGE ORDER WORK: ENGINEER: City of Eagan Add one fire hydrant along the east side of Murphy Parkway. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: 3830 Pilot Knob —Eagan Mn 55122 To provide future fire protection for the platting of Parcel No. 010 — 29 and the immediate area. DESCRIPTION OF WORK ITEMS: 6" D.I.P. CL. 52 5 L.F. @ 15.25/FT. Hydrant 1 EA. @ 1213.00/EA. = 76.25 =1213.00 Total = $1289.25 CONTRACT STATUS Original Contract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: TIME/COMPLETION DATE November 15, 1997 November 15, 1997 Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMEIND D FOR APPROVAL: By: Project Manager By: City Department VaAger City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 - City 2 - Contractor I - Engineer G:(ENGIN7EER'FORMS&LISTS/97-15Proj722CMgordrFMZ doc AMOUNT $83.087.00 $ 1289.25 $ 0.00 $ 1289.25 $_1 289.25 $84,376.25 1.5% 1.5% By: 0 t � ��, � � � "/"., - e - Contractor Date: Zo -L / -P7 a �= Agenda Information Memo November 3, 1997 IMPROVEMENTSSTREETLIGHTING ACTION TO BE CONSIDERED: Approve the final payment for Contract 96-20 (Yankee Doodle Road, Denmark Avenue, Northwood Drive, Promenade Avenue — Street & Pedestrian Lighting Improvements) in the amount of $26,025.36 to Peoples Electric Company, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 96-20 provided for the roadway lighting and ornamental pedestrian lighting within the Yankee Doodle Road and Eagan Promenade development improvements. • Dakota Electric Association will provide maintenance of the streetlighting system on a time and material basis per the maintenance agreement with the City of Eagan. • This work has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. mw Agenda Information Memo November 3, 1997 L PROJECT 95 -LL, EAGAN HEIGHTS TO'%VN HOINIES, I ST ADDITION DEVELOPMENT AGREEMENT EXTENSION ACTION TO BE CONSIDERED: To extend the completion date for Project 95 -LL (Eagan Heights Town Homes, 151 Addition — Town & Country Homes) street construction stated in the development agreement with the City of Eagan to June 30, 1998. FACTS: • Project 95 -LL provided for the development of the Eagan Heights Town Homes, I" Addition, including Water Lily Lane and Creekside Court southeast of the intersection of Old Sibley Highway and Old Sibley Memorial Highway. The plat included town house lots. The construction of the street on Creekside Court has not been completed by the developer in accordance with the completion dates stated in the Development Agreement, although city staff has made significant effort to remind the developer of his contract with the City of Eagan. • Contrary to the statement made by the developer in the attached letter, the street work could have been completed regardless of the timing of the utility improvements on Old Sibley Highway. The public improvement had minimal impact on the accessibility of this portion of the developer's site. • Creekside Court is not a public street. It is approximately 265 feet in length and only provides access to the town homes. The delay of the completion of the street will have an adverse affect on the developer by delaying the occupancy of the town homes on Creekside Court and by extending the warranty period of the public utilities installed as part of the project. ATTACHMENTS; • Letter from Developer, page • Development Agreement, pag_. RECE?>lirEC :1 r T 7 1997 TOWN & dOSTY HOMES Minnesota Division October 24, 1997 Mr. Thomas Colbert Mr. John Gorder Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Request for Extension of Time to Complete Street Construction Creekside Court/Eagan Heights First Addition Dear Mr. Colbert and Mr. Gorder: Town & Country Homes is hereby requesting an extension of time under the terms of our Development Agreement with the City, for completion of the street surface improvements, including curb and gutter, and the final adjustments to storm inlets, for Creekside Court. As you know, the storm sewer lines, sanitary sewer and water main improvements are already in place in this street. It was our intent to complete this work this fall but the delay in completing the work on Old Sibley Highway has impacted our schedule. Specifically, because Creekside Court is our model area operation, we wanted to wait to finish the Creekside Court improvements until after Old Sibley Highway was completed. I believe Wayne Lamoreaux of Pioneer Engineering has provided a drawing to John Gorder that indicates the major impact that the Creekside Court improvements will have on the model setup and landscaping. Therefore, we respectfully ask that we be granted an extension to August 31, 1998, to complete the improvements to Creekside Court. Thanks for your consideration. Sincerely, Allan J. Block Executive Vice President Land Division 11471 Valle Vie �l�l E r iairic, %1\ 5�31 F h12 944-3455 • 17i(ix. i \ „� z- ( ) c . 1. [wilder Uccnsc_ )1 J 1 approved plans and specifications on file in the office of the Public works Department which are hereby made a part of this Contract as follows: ITEM COMPLETION DATE Erosion & Sediment Control Measures ............................... November 30. 1995 SiteGrading......................................................................... May 31. 1996 Subdivision Monuments...................................................... November 1. 1996 Utilities (sanitary, water, storm sewer) ................................ June 30, 1996 Streets (Concrete curb & gutter, gravel base, and the first lift of blacktop) .............................................. August 31. 1996 Boulevard Restoration......................................................... November 15. 1996 Street Lights......................................................................... November 30, 1996 Street (%1nDOT 2341 Modified Wearing Course) .............. July 15. 1997 except as this period of time is extended by resolution of the City Council. It is understood and agreed that failure of the City to promptly take action to enforce this Contract after expiration of time in which the work is to be complete& will not waive or release any rights of the City, and the City can take action at any time thereafter and that the terms of the Contract shall be deemed to be automatically extended until such time as the City elects by appropriate resolution of its Council to declare the Developer in default hereunder pursuant to the provisions of paragraph 11, "Default by Developer". A. Streets and Trails. The Developer shall grade private streets, boulevards, driveways, trailways; if any, and other lands as established in the grading plan to City approved grades and cross sections, the maximum grade of publicly dedicated right-of-w•ay shall not exceed eight percent (81/o), with required backslopes to be performed outside of the public right-of-way at a maximum slope of 3:1 as required by the City Public C Agenda Information Memo November 3, 1997 UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 5 to Contract 96-01 (Eagandale Corporate Center Phase I - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-01 provided for the construction of the street and utilities for Eagandale Corporate Center Phase I, including portions of Neil Armstrong Boulevard and Aldrin Circle, northeast of the intersection of Lexington Avenue and Yankee Doodle Road. • A considerable amount of storm sewer was included in the design for the project to provide adequate drainage for the site. • The improvements detailed in the change order address the revision of a storm sewer pipe location between a pond and the trunk storm sewer. The developer of the property requested the relocation of said pipe. The pond involved is Pond EP -2.1, northwest of the intersection of Aldrin Drive and Mike Collins Drive. • The relocation placed the pipe where the existing ground surface elevation was significantly higher and increased the depth of the trench needed for placement of the pipe. Depths of the trench for the storm sewer installation were up to 28 feet, much more than the less than 10 feet indicated for the Pond EP -2.1 portion of the plans. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $7,503.68 (0.8% of original contract). The associated cost will be assessed to the benefited property owners. ATTACHMENTS: ob • Change Order No. 5, pages -3-C-1 through city of eagan CONTRACT A 96-01 PROJECT A 688 PROJECTNAME. Ea andale Co orate Center Phase I CHANGE ORDER NO.: 5 DATE. 9 -Oct -97 PROJECT DESCRIPTION., Construction of new streets, Neil Armstrong Boulevard and Aldrin Drive with storm sewer, sanitary sewer, and watermain utilities. Site grading for this development is being completed by the Developer under a separate contract. CONTRACTOR: Erickson Construction, Inc. 13616 Pleasant Lane Burnsville, Minnesota 55337 ENGINEER. MSA, Consulting Engineers 1326 Enero Park Drive St. Paul, MN SS108-5202 DESCRIPTION OF CHANGE ORDER WORK- A negotiated unit price adjustment for changes in the scope of 12 -inch RCP storm sewer construction. JUSTIFICATION FOR/PURPOSE OFCHANGE ORDER - Due DER - Due to a storm sewer design change initiated by the Developer, plan revisions at Pond EP 2.1 resulted in a substantial decrease in the shallow depth 12 -inch RCP Class 5 from the original bid quantity. The original bid required the Contractor to construct all 12 -inch RCP at one unit price for the various depth zones. The portion deleted was designed at a shallow depth (0-10') and the 12 -inch RCP constructed was installed up to 28 feet deep. Due to the Developer requested design revisions and the resulting deletion of shallow storm sewer quantities, the Contractor is justified in receiving an increase in the unit price per linear foot of pipe installed at greater depths. The following unit price increase was negotiated between the City Staff and the Contractor. ITEM MnDOT NO. NO. ITEM -n 1 2503.511 12" RCP Storm Sewer 1 2503.511 12" RCP Storm Sewer CHANGE ORDER SUMMARY TOTAL ADDITIONS CHANGE ORDER TOTAL w%d—.AI MC.15d37 Z -)O MY OF EAGAN • CHANGE ORDER TOTAL ADDITIONS: ORDER AMOUNT -67,910.40 7,503.68 7.503.68 7,503.68 Page 1 of 3 CHANGE UNIT ORDER UNIT PRICE QTY. LF S 35.98 2,096.00 LF S (32.40) 2,096.00 Z -)O MY OF EAGAN • CHANGE ORDER TOTAL ADDITIONS: ORDER AMOUNT -67,910.40 7,503.68 7.503.68 7,503.68 Page 1 of 3 CONTRACT STATUS Original Contract: Jul, 1, 1997 $ 907,724-56 Change Order. • July 1, 1998 $ 7, 503.68 Subtotal of Previous Change Order: $ 178,478.73 This Change Order. • $ 7, 503.68 New Subtotal of All Change Orders. $ 185,982.41 Revise Contract: $ 1, 093, 706.97 Percent Increase or Decrease for this Change Order to Original Contract Amount: 0.8% Percent Increase or Decrease for Total of All Change Orders W Original Contract Amounts: 20.5% RECOMMENDED FOR APPROVA 4, By: /Date: �/` ��1"�7— f- By. ..f..�' � 1,.,/Date: toZ21� ro't er Contractor By: 2L,`'� /Date: e I/ ro�7 City Department Manager City of Approval City Contractor Engineer WkkAglll 121000.037 Council Action: 3� CITY OF EAGAN - CHANGE ORDER F.2.1.0 Agenda Information Memo November 4, 1997 1 . I I : 1.3 MW ACTION TO BE CONSIDERED: To receive the final assessment roll for Project 687 (Biscayne Ave. — Streets &Utilities) and authorize the final assessment hearing to be scheduled for December 16, 1997. FACTS: Project 687 provided for the installation of street and utility improvements along Biscayne Avenue within the Hailey's Addition located between Red Pine Lane and Gun Club Road. This project was originally approved as a result of a public hearing held on April 16. 1996. The construction has been completed, all costs tabulated and the final assessment roll prepared which is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to all affected property owners. ISSUES: The public hearing is being scheduled for December 16 to allow adequate time for staff to meet with the affected property owners. 3 o. Agenda Information Memo November 3, 1997 Eagan City Council Meeting PUBLIC HEARINGS Due to a school bond referendum election in Independent School District 191, this City Council meeting was rescheduled from November 4 to November 3. In order to meet the timelines for proper public notice, the public hearings originally scheduled for November 4 have been rescheduled for November 18. J -% Agenda Information :Memo November 3, 1997 Eagan City Council Meeting A. CONDITIONAL USE PERMIT - DART TRANSIT CO. ACTION TO BE CONSIDERED: > To approve or deny a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, west of TH 149, south of Stark's restaurant, in the east'/2 of Section 12, subject to the conditions listed in the Advisory Planning Commission minutes. FACTS: > Dart is requesting reconsideration of a conditional use permit request they submitted last year and which was continued indefinitely by the City Council in April. The CUP would allow off-site outside storage (parking) of 244 truck trailers on the 10 -acre "Kwik Trip" parcel. This is considered off-site because the Kwik Trip parcel is separate from the Dart headquarters property and Dart does not want to combine the properties at this time. > The request appears to meet the performance standards outlined in the Zoning Code for off-site outdoor storage. However, there are some issues regarding landscape irrigation, stormwater drainage, access and traffic. > The Advisory Planning Commission recommended approval of the Conditional Use Permit, on a 6-1 vote, subject to the conditions in the staff report as amended. These amendments are outlined below under Issues. ISSUES: > One APC member stated concerns that performance standard #a was not being met since Dart could locate additional trailer parking on their headquarters site. Other members stated that they felt Dart had shown that they do intent to expand on their headquarters site and that it makes sense for them to locate additional parking on the KNvik Trip parcel now, rather than wait until the building expansion occurs. > Dart is requesting that the requirement to install a landscape irrigation system be waived, in part because they intend on preserving some existing nature trees and to not want to disturb them by installing the irrigation. They state that they will do the necessary watering to ensure the plants survive and are willing to allow the City to hold their landscape guarantee escrow for an extended period of time to allow the plants to get established. The APC recommended that condition #8 in 3 �' the staff report be modified to read: "The developer shall allow the required $5,000 landscape guarantee to be held in escrow for two years." > The developer will be required to provide storm sewer along the west edge of the property either by constructing the storm sewer themselves, City initiation of a public improvement project and assessing the developer for the benefit they receive, or another alternative as approved by the City. The APC recommended that condition #2 in the staff report be amended to delete reference to "two" options and add a third option: "or another alternative as approved by the City." The APC also recommended deletion of the sentence "This benefit would be $28,864 as identified in the Financial Obligation portion of this report." That figure represents the maximum benefit the developer would be assessed. However, the actual amount of benefit to be assessed cannot be determined until the actual lineal feet of pipe needed is known. > Since the staff report was written, the City Attorney requested that another condition be added that refers to the termination language in the Code regarding off-site outdoor storage. As such, the following condition should be added: "The Conditional_ Use Permit shall terminate Won the development of the "Kwik Trilf" parcel or Won termination of the principal use on the Dart headquarters site, whichever comes first." BACKGROUND/ATTACHMENTS (2) > Minutes of October 28 1997 APC meeting, pagethrou > Staff report, pages through 3s SENT BY: 10-31-97 ; 14:31 ; SEVERSON SHELDON-+ 612 681 4612;# 3/30 Page 2 OcWba 28,1997 ADVISORY PT ANNING COM09810N OED BUSINESS @@AFY CONDITIONAL USE FERNM DART TPANS1T R-94% Commission Chair Hey! introduced this item regarding a Conditional Use Permit to allow off-site outdoor storage of trucks on 10 acres located on the west side of TI { 149, south of Starks Restaurant, in the NW'/4 of Section 12. This is a continuation of a request submitted in December of 1996. Planner Julic Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated October 23, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Famham noted that this is a reconsideration of a request submitted in December, 1996, that was continued by the City Council. The applicant, Gary Santoorjian was present and available for questions. Mr. Santoorj questioned the sentence in Condition No. 2 regarding the estimated benefit of $28,964.00 for the storm sewer as identified the Financial Obligation portion of the report. Ms. Farnham stated that amount is an estimate, and the actual amount may be less and agreed the sentence should be deleted from Condition No. 2. Mr. ' Santoorjian noted that Condition No. 7 should be deleted since there are no wetlands oil site, to which City staff concurred. He also noted that Condition No. 8 should be revised to state that the applicant would agree to hold the $5,000.00 landscape guarantee in escrow for two years rather than one year as required. Member Segal stated that he did not feel Dart is complying with Performance Standard "a" since they could park the trailers on the headquarters site or combine the parcels to eliminate the off -sine status. Other APC Members stated they felt Dart has shown good faith in their intent to expand their headquarters and that it makes sense to allow the trailer parking on the Kwik Trip parcel now, rather than later. Member Frank asked about traffic and circulation. Mr. Santoodian replied that access will be to TH-149 from Borchert Ingersoll Road. Eventually, there will be a connection to the Dart headquarters property. He also stated that they expect about 133 trucks per day with minor peaks during morning and evening rush hours. Member Carlson raised concern about Dart leasing parking spaces to others. City Attorney Dougherty stated that the Conditional Use Permit is for the use (storage of trailers) and not who is storing the trailers. 12 432 3780 10-31-97 03:43PM P003 #44 SENT BY: 14-31-97 ; 14:31 ; SEVERSON 9FI DON 612 681 46124 # 4/30 R=94% Page 3 October 28, 1997 ADVISORY PLANMIMO COIrrQvlISSION DCa�p Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to off-site outdoor storage of trucks on 10 acres located on the west side of TH 149, south of Starks Restaurant; in the NW%4 of Section 12, subject to the following amended conditions: 1. This CUP relates to off -sift outdoor storage per attached plans dated 10-7-97 to allow parking of 244 trucks. 2. The developer shall be responsible for their proportionate share of the construction of storm sewer along the west edge of the properly. This storm sewer shall be constructed in accordance with the Storm Water Management Plan and City Engineering standards. The developer may choose from the following options to fulfill this responsibility. 1) The developer can construct the storm sewer themselves to the south edge of the property for future extension to the south; 2) The City would initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the storm sewer system based on contributing flows. This public improvement should be ordered by the City Council prior to issuance of a conditional use permit; or 3) anodxx alternative as approved by the City. 3. The developer shall provide adequate drainage and utility casement over the trunk stohrn sewer along the west edge of the property prior to issuance of a conditional use permit. 4. The existing Borchert Ingersoll road on the south edge of the property shall be upgraded f-or'n a rural section to an urban section drive in accordance with City standards. 5. The developer shall comply with MnDOT requiements for receipt of an access permit onto TH 149. 6. Runoff from impervious surfaces within the site shall be treated with on -ante ponding prior to discharge off the site. The inlet to the pond shall contain an cncW dissipater of acceptable design to the City and a skimmer suitable to the City shall be installed on the outlet. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. The developer shall allow the required $5,000.00 landscape guarantee to be held in escrow for two years. S. The property shall be platted prior to issuance of a building permit: All voted in favor, except Member Segal opposed. 2 432 3780 10-31-97 03:43PM P004 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 23, 1997 APPLICANT: Dart Transit Co. PROPERTY OWNER: Dan Oren (Dart) CASE: #12 -CU -28-12-96 (continued) HEARING DATE: October 28,1997 PREPARED BY: Julie Farnham REQUEST: Conditional Use Permit to allow off-site outdoor storage LOCATION: West side of TH 149, south of Stark's Restaurant COMPREHENSIVE PLAN: IND Industrial ZONING: I-1 Limited Industrial SUMMARY OF REQUEST Dart Transit Company is requesting a Conditional Use Permit to allow off-site outdoor storage of trucks on 10 acres located on the west side of TH 149, south of Stark's Restaurant, in the NW 1/4 of Section 12. This is a continuation of a request submitted in December 1996. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: 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. Planning Report — Dart Transit (continued) October 28, 1997 PaL,e 2 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. City Code Section 11.40, Subd. 4. D. Conditions, states: 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. Additional standards are outlined in Section 11. 10, Subd. 21.1.C.1 that apply to the evaluation of a conditional use permit for off-site outdoor storage. These are reviewed more closely under Evaluation of Request beginning on page 4. Section 11. 10, Subd. 29, C.1. was recently amended. Regulations regarding outdoor storage by businesses are now under Section 11.10, Subd. 29.2, C. which includes the following standards: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. In General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial (I-1) and General Industrial (1-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the Corrprehensive Guide Plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 3� Planning Report — Dart Transit (continued) October 28, 1997 Pay e 3 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be property maintained to prevent deterioration. BACKGROUNDMISTORY In December 1996, Dart Transit submitted an application for a conditional use permit for outdoor storage for truck parking on this property, known as the "Kwik Trip" site. At that time they also submitted a request for a conditional use permit for outdoor storage on the 10 -acre parcel directly to the south, known as the "Sills" property. Both requests were reviewed by the APC at their January 1997 meeting and subsequently reviewed by the City Council in February. The APC recommended denial of the request and the City Council passed a motion to continue the request for 60 days to allow the applicant to submit additional detailed information. In April 1997 the Council approved a request by Dart to continue consideration of the conditional use permits indefinitely. Dart submitted a waiver to the 60 -day agency action deadline which allows this item to be continued indefinitely. The major concerns expressed during review of the initial application were the lack of detailed plans (e.g. grading, landscaping) and that the Trucking Study had not been completed. Area residents also felt the Trucking Study should be completed to ensure an informed decision. They also expressed concerns about additional traffic on TH 149 and screening of the outdoor storage area. The Trucking Study was formally accepted by the City Council in April 1997. The study recommends that existing trucking businesses be allowed to remain and expand as necessary. It also states that the properties on the west side of TH 149 between Lone Oak Road and Yankee Doodle Road should remain zoned for Limited Industrial uses, which includes truck terminals. The Trucking Study identified TH 149 as a major truck route. At this time, Dart is only requesting consideration of off-site outdoor storage on the "Kwik Trip" parcel. Their application includes preliminary site, grading and landscape plans. EXISTING CONDITIONS The site is undeveloped. Some mature trees exist around the perimeter of thL site. The property is relatively level, lying slightly below the elevation of TH 149, gently sloping north toward an existing detention pond west of Stark's restaurant. The site is bound on the south by the private, so- called "Borchert -Ingersoll Road". SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property �o Planning Report — Dart Transit (continued) October 28, 1997 PaL,e 4 North - Dart Transit headquarters; zoned I-1, guided IND South - Vacant ("Sills" parcel); zoned I-1, guided IND East - Commercial and mixed residential; zoned GB, NB, R-1, R-3; guided GB, NB, D -I, and D -H West - Industrial; zoned I-1, guided IND EVALUATION OF RE UEST The site proposed for the outdoor storage (Kwik Trip parcel) abuts the Dart headquarters site, but is a separate parcel. At this time, Dart does not want to combine the Kwik Trip parcel with the headquarters property because that would require platting, which would be subject to Dakota County's right-of-way acquisition requirements along Lone Oak Road. As such, the request constitutes off-site outdoor storage. The City's Zoning Code allows for off-site outdoor storage as a conditional use, provided the situation meets the performance standards listed in Sec. 11. 10, Subd. 12. LC. Proposed Use - Dart is proposing to use the 10 -acre "Kwik Trip" parcel to park semi -trailers used in its carrier operations. Truck tractors will not typically be stored on this site. Dart drivers own their own rigs and do not leave them on the Dart property. Dart states that no loads are delivered or picked up at the site. Com atibilit , with Surrounding Area - The Kwik Trip parcel is across TH 149 from properties guided for General Business and Neighborhood Business uses. Residential uses are located further south and east. There is no residential property directly across TH 149 from the Kwik Trip parcel. Properties to the north, west, and south are zoned and guided for industrial uses. Outdoor truck parking should not adversely impact surrounding industrial properties. The impacts on the commercial and residential properties will largely depend on visual screening and the amount of truck traffic generated by this use. Compliance with Performance Standards — Following is a point -by -point assessment of how the applicant's proposal complies with the performance standards listed in Sec. 11. 10, Subd. 12.1.C. a. The dominant parcel, which shall be served by the off-site off-street parking or off-site outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. The applicant states that the Dart headquarters site (dominant parcel) could currently accommodate additional truck parking. However, Dart intends to expand the headquarters building in the future and reconstruction cf Lone Oak Road will require a new access drive configuration, both of which will displace area currently identified as proof of parking for truck trailers. They prefer to locate additional trailer parking on the Kwip Trip parcel now, so they can retain maximum flexibility for building expansion on the headquarters site. 4 I Planning Report — Dart Transit (continued) October 28, 1997 Pakie 5 b. The parcel on which the off-site off-street parkiinnL, or off-site outdoor storage is located and the dominant arcel which the off-site off-street arking or outdoor stora_,e services shall be within the same zoning districts. Both the Dart headquarters (dominant) and Kwik Trip (servient) properties are zoned I-1 and guided for industrial uses. c. The servient parcel on which the off-site off-street parking or off-site outdoor storaze is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served b% the off-site off-street parking or off-site outdoor storagge area. The Kwik Trip property abuts the Dart headquarters property. d. The off-site off-street parkinL, area shall meet the requirements set forth in Section 11. 10, Subd. 12, herein. The proposed parking area meets the requirements of Sec. 11.10, Subd. 12 as follows: The parking lot will consist of bituminous pavement with concrete curb and gutter. Eight, 30 -foot tall, single head light poles will be located around the lot perimeter. These will be downcast fixtures with illumination levels similar to that on the Dart headquarters site. The parking lot will be screened from public right-of-ways by landscaping and berming. The landscaping includes a mix of evergreen and deciduous trees and shrubs that will form a solid screen at maturity and will be 75-100% solid at time of planting along the north and east (TH 149) property lines. The proposed mixed landscaping also extends along the south property line about 100 feet. The remainder of the south property line is proposed to be screened with hedge plantings that will grow 5-8 feet tall. The applicant also intends to preserve some of the existing mature trees along the perimeter. This proposed landscaping exceeds the requirements of the Zoning Ordinance which only requires screening on the east property line abutting public right-of-way (TH 149). e. The off-site outdoor storage area shall meet the requirements set forth in Section 11. 10, Subd. 29(c)(1), except those provisions governing building or height restrictions. The proposed parking area meets the requirements of Sec. 11.10 Subd. 29.2.C. as follows: A 6 -foot tall chain link fence is proposed to enclose the parking area. The access driveway onto Borchert -Ingersoll Road will be gated. The proposed parking lot setbacks (44' — 70' along TH 149, 35' side and 32' rear) meet or exceed required setbacks. The parking/storage area will be screened with landscaping and berming. The storage area will not interfere with pedestrian or vehicular movement and will not occupy required parking or landscape areas. f. Off-site off-street pazidng and off-site outdoor storage on the servient V rce1 shall have fewer arking spaces, less area, and less outdoor stora^e area than the dominant_ parcel. The Kwik Trip (servient) parcel is 10 acres in size and is proposed to accommodate 244 trailer parking spaces. The Dart headquarters (dominant) parcel is 23 acres in size and could currently accommodate 278 trailers (existing and proof) and 336 tractors (existing and proof) for a total of 614 trucks. With the proposed building expansion and driveway access reconfiguration, the Dart parcel could accommodate 188 trailers and 185 tractors for a total of 373 trucks (see Exhibits A and B). a Planning Report — Dart Transit (continued) October 28, 1997 Paze 6 g. Off-site outdoor storage on the servient parcel shall be bermed and landscaped on sides abutting public fi lit -of -way and residentially zoned districts. The combined berming and landsca int shall be a 6 foot tall screen that is 75% o as ue abutting public right-of-way and 100% opaque abutting residential zoning districts or residential uses. The outdoor storage area will be bermed and landscaped on sides abutting public right-of-way to achieve a 6 -foot tall screen that is 75% opaque. This parcel does not abut (either directly or across TH 149) any property zoned or guided for residential uses. Parkin �-,,'Stora, e Lot Desi - The site plan submitted indicates 244 trailer parking spaces. The trailer parking stalls are 12' wide by 53' long. Drive aisles between parking stalls are proposed to be 75' wide. One 78' wide entry access is provided onto Borchert -Ingersoll Road. Landscape Plan - The proposed landscape plan will provide screening in excess of that required by codes. However, the applicant is not proposing to install an irrigation system, which is also required by code. They believe that installation of an irrigation system would be disruptive to the existing vegetation they are attempting to preserve. They also state that they would commit to regular watering of the new plantings to ensure they survive. It is standard practice for the City to hold a $5,000 landscape guarantee in escrow for one year after planting. This guarantee is not released unless the planting is completed to the City's satisfaction and can be used to replace any dead or missing plants that the developer fails to replace. Staff notes that young plants may not survive well after one year if they do not receive adequate water. As such, if the City determines that a variance to the irrigation system requirement is merited, consideration should be given to requiring an additional, long-term guarantee to ensure the landscaping survives and thrives without an irrigation system. Gradin= ' Wetlands - The preliminary grading plan is acceptable. There is one identified wetland within the development parcel. That wetland is associated with Pond EP -4 which currently receives storm water discharges from parcels to the east. The developer has assembled air photo documentation that shows that the area of the site currently occupied by Pond EP -4 did not exhibit wetland characteristics prior to introduction of storm water and is therefore exempted from regulation under the Wetlands Conservation Act. Storm Draina�,e/Water QualiL� - Site drainage is proposed to be directed to the west edge of this parcel. The City's Stormwater Management Plan (1990) identifies the need inr a trunk storm sewer system along the west edge of this property to serve this site as well as properties upstream in this drainage district. The developer should be responsible for their proportiorate share of the construction of this storm sewer in accordance with the Storm Water Mangement Plan and City Engineering standards. Two possible options to fulfill this responsibility are as follows: 1. The developer can construct the storm sewer themselves in accordance with City Engineering standards along the south edge of the development property for future �3 Planning Report — Dart Transit (continued) October 28, 1997 Paye 7 extension to the south. 2. The City would initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the .storm sewer system based on contributing flows. This public improvement should be ordered by the City Council prior to issuance of the conditional use permit. This parcel is located in Drainage Basin E and will generate runoff that will discharge to an existing storm water management basin (Pond EP4) on the site, then to Pond EP -1. Pond EP -1, a designated nutrient trap, is connected with an equalizer pipe with Pond EP -2, a water body that is classifed for indirect contact recreation because it is located within a prospective park area (North Park). To protect water quality in Pond EP -2, on-site ponding is recommended for this development. The inlet to the pond to be constructed by the developer should contain an energy dissipator of acceptable design to the City and a skimmer suitable to the City should be installed on the outlet. The developer is proposing to increase the wet pond volume of Pond EP -4 from less than 2 acre- feet to 5.5 acre-feet to meet runoff treatment requirements for both this 10 -acre parcel and another 10 -acre parcel to the south that the developer plans to develop in the future for a similar use. The increase in volume is adequate to meet the treatment requirements for both parcels. A MnDOT stormwater drainage permit will be required for any stormwater discharge onto the TH 149 right-of-way. Utilities — Sanitary sewer is available for connection along the west edge of the site. Water main is available for connection along TH 149. Access/Street Design - Access to TH 149 for this development is proposed via Borchert -Ingersoll Road, an existing paved private roadway. Use of this access onto TH 149 is subject to approval by MnDOT via access permit approval. MnDOT has done a preliminary review of this proposal and has indicated that construction of a right turn lane on southbound TH 149 and a bypass lane on northbound TH 149 will be required for permit approval. MnDOT is also requiring that a traffic analysis be completed to determine the impacts of the proposed development on TH 149. The traffic analysis would also determine if any trunk highway improvements are needed. A study is currently underway regarding the Yankee Doodle Road/TH 149 corridor that will include some traffic analysis. Dakota County is the lead agency for this study which is anticipated to be completed in approximately 4 months. The developer should work with MnDOT to determine whether this information satisfies MnDOT's needs. If so, the developer has the caption of delaying the development until the pending Corridor Study is completed or conduct their own traffic analysis. Borchert -Ingersoll Road is currently used by Power Brake Equipment Company, located on the west side of the railroad tracks. Power Brake has a private ingress/egress easement to use the road. Planning Report — Dart Transit (continued) October 28, 1997 Pate 8 With the proposed development on the Kwip Trip parcel, this road should be upgraded from its current rural section to an urban section drive in accordance with City standards which require concrete curb and gutter, storm sewer and bituminous surfacing. Easements/Ri�,hts of Way/Permits - The developer should provide adequate drainage and utility easements over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. SUMMARY/CONCLUSION Dart Transit Company is requesting a conditional use permit to allow off-site, outdoor storage of trucks on a 10 -acre parcel (Kwik Trip) located just south of the Dart headquarters property. The proposed parking lot will accommodate 244 parking spaces for truck trailers. This is a continuation of a request reviewed by the City in early 1997. The proposed use and site plan appear to comply with the performance standards for off-site outdoor storage listed in Sec. 11.10, Subd. 21.1.C.1. There are some issues with regard to landscape irrigation, stormwater drainage, access and traffic. The applicant will be required to provide storm sewer along the west edge of the property. A traffic analysis and possibly turn lanes will need to be completed prior to receipt of a permit from MnDOT to access TH 149. In addition, the City will require that Borchert -Ingersoll Road be upgraded to an urban section drive. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, west of TH 149, south of Stark's restaurant, in the east 1/i of Section 12, subject to the following conditions: 1. This CUP relates to off-site outdoor storage per attached plans dated 10-7-97 to allow parking of 244 trucks. 2. The developer shall be responsible for their proportionate share of the construction of storm sewer along the west edge of the property. This storm sewer shall be constructed in accordance with the Storm Water Management Plan and City Engineering standards. The developer may choose from two options to fulfill this ro sponsibility. 1) The developer can construct the storm sewer themselves to the south edge of the property for future extension to the south; or 2) The City would initiate a public improvement project to construct the system and the developer would be assessed the lateral benefit from the stone sewer system based on contributing flows. This benefit would be $28,864 as identified in the Financial Obligation portion of this report. This public improvement should be ordered by the City Council prior to issuance of a conditional use permit. Planning Report — Dart Transit (continued) October 28, 1997 Paze 9 3. The developer shall provide adequate drainage and utility easement over the trunk storm sewer along the west edge of the property prior to issuance of a conditional use permit. 4. The existing Borchert -Ingersoll road on the south edge of the property shall be upgraded from a rural section to an urban section drive in accordance with City standards. 5. The developer shall comply with MnDOT requirements for receipt of an access permit onto TH 149. 6. Runoff from impervious surfaces within the site shall be treated with on-site ponding prior to discharge off the site. The inlet to the pond shall contain an energy dissipator of acceptable design to the City and a skimmer suitable to the City shall be installed on the outlet. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. Any wetland fill or drain impacts that require mitigation shall be approved by the City prior to issuance of a grading permit. 8. The developer shall install an irrigation system to cover all landscaped areas. 9. The property shall be platted prior to issuance of a building permit. FINANCIAL OBLIGATION 12 -CU -28-12-96 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Lateral Benefit Storm Sewer C/I $45.10/L.F. 640 L.F. 4 1 Amount $28,864 Location Map or. r 131 Dart Transit Company Between Hwy 149 & Soo Line Railroad Conditional Use Permit Case No. 12 -CU -28-12-96 Gtr of Eegen Community Development Deportment n� hhve�ewr ru a am 0 800 Feet N � E 14 M L1 41 Zoning Map I 8T+ V m i A L0*191 Current Zoning 1-1 Limited Industrial Between Hwy 149 & Soo Line Railroad ►E Case Na. 12 -CU -28-12-96 a low o ,000 roc b of Eagan Community D.v.lopmanl Dapamm.M q9- 1 _ ensive Compreh Plan Map a ■�� MEN ■1 Mill IM: on a.. . ■11111■■ it ��, �� +moi► � � ; M� �: ■. �r ,�- CA :. ar MEMO M WE MEMO t, ► A Between Hwy • & Soo Line Railroad Case No. 12 -CU -28-12-96 000 0 IOW Feet \ '\ � < �I. a I•. f; YJ r \ �c r 7 Nd CnG r I -CE t+3�_�'} �1 M-�f r I ►�\�v \ 1 N r-1-- —S� -- , t -t I I I I I i I I P'. -CE N I I I I i I I P'. lid -Nd w w 9w co to 04 bo 4 L44 m 0 to 0 Im 04 cn 0 *-r en rl- co 00 CF) U Lr) Ln 00 co lid -Nd w w 9w co to 04 bo 4 L44 m 0 to 0 C ,DWG\97118\97118EXIST.dwg Tue Oct 07 09:39:56 1997 DAVE PATTEN Nn. EXISTING HWY /4Y TRAILER n DART TRANSIT COMPANY r v "0.... R T ® CONDITIONS p/T PLAN STORAGE YARD iACAII IRIiEAOiA moo LOW OAK ■oAo MAX YM Ktli . .K '""•""'• awa �7MIY >•m �iie� ne '�' C:\IJWG\97118\9711B503.dwg Tue Oct 07 09:39:13 1997 DAVE PATTEN b it Ilk 11 19gig € ggg T= e ; q i 2 y ~ 'J "/,fid'""� •/ j/ I� 1 1 Y 1 Ep yA Q 1 1 1 a mz r I� �1 1 a mz r I� z n 17115 - .nn. PRELIMINARY HWY TRAILER n DART TRANSIT COMPANYRLK 81TE PLAN STORAGE GE YARA too LOMOAK■oao ® w uxn el16AK YYEi tOTA v0Ax4 � Kt41 iii wynx ' •TIMI �r xs � � n>-Ilm L <5 y 00' E rC:\DwG\97118\NEM\GRADE.dwg Tue Dct 07 09:40:34 1997 DAVE PATTEN I p G Rel lip lip q 62 XJ°?' R1 19 R .2 $ g o gay � Y; e >�-� 6R P �E^ pa r�1 a jS' o S 8 , { A SR o C' �o 0Z a 8 F ]g� 3 7! Lo IIII r1 4= r � �„ �g •- p B p J °p E �\� �8 "Sir,! - _ ---------- ----- i82 if Nr r U'J' I PRELIMINARY GRADING, NWY 149 TRAILER n DRAINAGE i EROSION STORAGE YARD CONTROL PLAN MAGAK MWWSOTA n!r en na. ori. o. DART TRANSIT COMPANY �K�� !'�o 900 LOW OAK ROAD u EAGAK rr uc, ne �ue� n.-ina V z m C-) m rn 0 CO CID S2 C:\DWG\97118\NEW\LAND.dwg Tue Oct 07 09:42:23 1997 DAVE PATTEN 7 t[.ltl[i �l�r, wM•i. a,Lrl ��r � • int AL YI 9 fiI � o '.r .z a C m C7 co d Ow � U z Q— z \ I r=-7-1 In„ is wrar, r�oc,tlaln wrar, ,,,,,.,., OrGY aro #ol 00, OtlrA 3Jrtl018 ANYdK03 USNVHL lsvo � a8'Urtll 8►1 AMN I U s Xrld qL LNOI110I DMISIX8 rN —] I 0 H ��r � • int AL YI 9 fiI '.r ,r ��4•_ ��J I ,C/�i op z �i; �, � � �� . Sega �� •' � � �'• �, � S 1&�9 Agenda Information Memo November 3, 1997 Eagan City Council Meeting NEW BUSINESS A. CONDITIONAL USE PERMIT — JERRY'S GARDEN CENTER ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Town Centre 70 11" Addition (Wal-Mart), located on Town Centre Drive in the NW 1/4 of Section 15. FACTS: • In 1996, Jerry's Garden Center operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. + Staff is unaware of any problems, or concerns, caused by this operation at this location last year. The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of October 28, 1997 me ting, pages, through (PD . Staff Report, pages � through. SENT BY: 10-31-97 ; 14:32 SEVERSON SHELDON-► 612 681 4612;# 5/30 Page 4 October 28,1997O PulaiIIJ ADVISORY K ANNINCCCOMi ESSION PUBLIC HEARINGS R=93% CONDITIONAL USE PERMPr JERRY'S GARDEN CENTER - WAGMART Commission Chair Heyl opened the fust public hearing of the evening regarding a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trees to be located is the parking lot of the Wal-Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NWV, of Section 15. Senior Planner Mike Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated October 14, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply abs next year. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a seasonal outdoor gale consisting of Christmas trees to be located in the parking lot of the Wal-Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NWV/ of Section 15, subject to the following conditions: 1. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and proof submitted to the City. 3. The CUP shall be continually subject to the following conditions: 4. 7be Christmas tree stand shall be allowed on the site between November 28th and December 24th of each year. 5. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 6. All signage shall meet City Code requirements. 7. No outdoor storage other than which is approved by the City shall occur on the site. 612 432 3780 10-31-97 03:43PM Pon #44 SFNr BY: 10-31-97 ; 14:32 ; SEVERSON SHELDON-) 612 681 4612;# 6/30 Page 5 October 28, 1997 ADVISORY PLANNING COMMISSIONa , a r ' I 8. The site shall be maintained free of trash and debris. 9_ No parking associated with the seasonal sale shall occur off-site. 10. Tear down and clean up shall be completed no later than January i st of each year. All voted in favor. C) R=94% 612 432 3780 10-31-97 03:43PM P006 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 APPLICANT: Jerry's Garden Center PROPERTY OWNER: Wal-Mart REQUEST: Conditional Use Permit LOCATION: 1360 Town Center Drive COMPREHENSIVE PLAN: CA — Central Area ZONING: CSC — Commercial Shopping Center SUMMARY OF REQUEST CASE: 15 -CU -27-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Becky Robertson Jerry's Garden Center is requesting. approval of a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of Christmas trees to be located in the parking lot of the Wal- Mart store at 1360 Town Center Drive legally described as Lot 1, Block 1, Town Centre Addition in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW 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 fords 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. �0r 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. Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. Section 11.10 Subd. 29, C.2. states that in addition to the standards for Conditional Use Permits, seasonal outdoor sales shall conform to the following standards: (a) The Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter. (b) The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. (c) The sale area shall not encroach into any required front building setback area or other required setbacks. (d) The sale area shall be screened from view from adjacent residential uses and residential zoned property. (e) The sale area shall not take up required parking spaces or landscaping areas of the principal use. (f) The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/ EXISTING CONDITIONS Town Center 70 Eleventh Addition (Wal -mart) was platted in 1990 and the building was built in 1991. The Wal-Mart store is part of the Town Center Shopping Center located north of Duckwood Drive and east of Town Center Drive. Jerry's Garden Center occupied this space for Christmas tree sales within the Wal-Mart parking lot last year under administrative approval from October to December. Since that time the City has adopted the temporary event and seasonal outdoor sale ordinance. A Conditional Use Permit had been approved earlier this year to allow Severs Market to sell produce in this same area of the parking lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Town Center Shopping Center; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) South - Frank's Nursery and Duckwood Square; zoned Commercial Shopping Center (CSC) and guided Central Area (CA) East - Town Center 70 Fifteenth Addition acant) ; Commercial Shopping Center (CSC) and guided Central Area (CA) West - Super America and Mermaid Car Wash; Commercial Shopping Center (CSC) and guided Central Area (CA) EVALUATION OF REQUEST The Christmas tree lot will be set up shortly after City Council action on November 4, 1997. The trees will be partially delivered the first week of November 4, 1997; with continuous delivery thereafter. Days of operation will be the Friday after Thanksgiving; November 28, 1997 through December 24, 1997. The lots will be open to the public from 11:00 A.M. — 9:00 P.M. Monday through Friday; and 9:00 A.M. — 9:00 P.M. Saturday and Sunday. They plan to sell Christmas trees, wreaths, stands, etc. The sales operation and tear -down and clean-up is to be completed by January 1, 1998. Compatibilit% with Surrounding Area — The proposed site is zoned and guided for commercial uses. All of the properties surrounding the proposed site area are also zoned and guided commercial uses. The seasonal outdoor sale of Christmas trees within the parking lot of the Wal- Mart store appears to be compatible with the uses of the surrounding area. Site Plan — The site plan shows the proposed tree lot to be located in the parking lot at the southwest corner of the site. City Code requires a seasonal outdoor sale to be placed in an enclosure to achieve appropriate security and containment or for public safety reasons. The applicant proposes a three foot high wire fence around the perimeter of the lot to serve as an enclosure. Trees should not be stored outside of the fenced area. Setbacks — City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets the required setback from adjacent properties. Signage — The application does not contain any information concerning signage. All signage for this seasonal outdoor sale should conform to City Code standards. City Code requires the applicant to obtain a sign permit from the City. " This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. (.'0'3 Parking — Currently, 772 parking spaces are provided on-site. The proposed use will occupy approximately 20 spaces in the southwest portion of the parking lot. The City does not have any record of parking problems associated with the Wal-Mart store and the sale of Christmas trees in previous years. Therefore, the temporary loss of 20 parking spaces should not cause parking problems this year. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties due to the location of the stand. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Wal-Mart store will be located at the southwest comer of the parking lot along Town Centre Drive. The sale will occur beginning November 28, 1997 and last until December 24, 1997. The hours of operation for the lot will be 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. The booth will be cleared by January 1, 1998. ACTION TO BE CONSIDERED Recommend approval/denial a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale consisting of Christmas trees to be located in the parking lot of the Wal-Mart store at 1360 Town Centre Drive, Lot 1, Block 1, Town Centre 70'bAddition in the NW 1/4 of Section 15.' If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: The CUP shall be recorded at Dakota County within 60 days of Council approval and proof submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 2V and December 24"' of each year. 2. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. Tear down and cleanup shall be completed no later than January 1" of each year. FINANCIAL OBLIGATION 15 -CU -27-9-97 Lot 1, Block 1, Town Centre 70th 116 Addition There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 (�5 0160:11IsA01'I+rii 50 Town Contra IM •w• i • ■ l'10":10 L F;E--m I qlo. MI W17i Luning fu Shnnninn Canfa awn centre cieventn i4ounic ase Nn_ 7 5.CU.27.09.97 s • W, R awn centre 7u weve asci No- 9 5 -PP -27 -AA. Fj yj A— —E 511 'F.ririr. un! r .. �;e! I MC R, milmo! IMSFI-I =10 ae Pian oesignatic CA Central Area 'F.ririr. un! r .. �;e! I MC R, milmo! IMSFI-I =10 Agenda Information Memo November 3,1997 Eagan City Council Meeting B. CONDITIONAL USE PERMIT — JERRY'S GARDEN CENTER ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 2, Block 1, Hadler Park, located on the south side of Cliff Road, west of the Walgreens store, in the NE quarter of Section 31. FACTS: In 1996, Jerry's Garden Center operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. Staff is unaware of any problems, or concerns, caused by this operation at this location last year. The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. ISSUES: Mr. Richard Schweim, President of Jerry's Home and Garden Showplace, has written a letter regarding the City's fees for processing Conditional Use Permits. Until a recent City Code change which codified a process covering temporary and seasonal sales, activity such as Christmas tree sales, was allowed by a Special Use Permit. The cost to the applicant was $50.00 per lot on an annual basis. With the Code changes, most of these sales became subject to the Conditional Use Permit process and subject to certain conditions, run with the land indefinitely, and are not subject to annual renewal. The present City fee schedule requires a $150.00 application fee and a $500.00 escrow deposit. The escrow deposit is used to cover the City's costs (including staff time, etc.) with the balance refunded upon completion of the process. Total fees covered by the escrow deposit typically run the full range depending on the complexity of the use, site, etc., however, these specific applications will probably be in the $200.00 range. Regarding the two Conditional Use Permits referenced by Mr. Schweim, the $150.00 application fees were paid; but escrow deposits were not collected pending this appeal to the City Council. The issue remaining is whether the City will require, or waive, payment for the costs ordinarily covered by the escrow deposit. The City Council agenda also contains a Conditional Use Permit and an Interim Use Permit for Eagan Evangelical Covenant Church for Christmas tree sales. They have paid both the application fee and escrow deposit. In the event the City Council decides to waive any, or all, fees questioned by Mr. Schweim, staff would like direction regarding the broader policy issue of waiving fees in instances such as these. BACKGROUND/ATTACHMENTS: (3) APC Minutes of O to er 28, 1997 eeting, pages 7L- Staffthrough Report, page through . Letter from Mr. Schweim, page. 402 SM BY: 10-31-97 ; 14:32 ; SEVERSON SHELDON-* 612 681 4612;# 7/30 R-94% Page 6 Ooto 28, 1997 ADVISORY PLANNINU COMMISSION CONDITIONAL USE PERMIT JERRY'S GARDEN CENTER - WALGREEN'S Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Road on properly legally described as Lots 1 and 2, Block .1, Hadler Park in the NE%4 of Section 31. Senior Planner Mike Ridley introduced this item, Mr. Ridley highlighted the information presented in City staffs planning report dated October 14, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply again next year. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Road on property legally described as Lots 1 and 2. Block 1, Hadley Park in the NE% of Section 31, subject to the following conditions; 1. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use: permit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 3. The CLIP shall be continually subject to the following conditions. 4. The Christmas tree stand shall be allowed on the site between November 29th and December 24th of each year, 5. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M, Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 6. All signage shall meet City Code requirements. 7. No outdoor storage other than which is approved by the City shall occur on the site. � .0 61, 432 3780 10-31-97 03:43PM P007 #44 SEM' BY: 10-31-97 ; 14:33 ; SEVERSON SHELDON-4 NEC 7 Oet bcr 28, 1997 ADVISORY PLA1414IN i CONO&SSION 612 681 4612;# 8130 8. The site shah be maintained free of trash and debris. 9. No parking associated with the seasonal sale shall occur off-site. 14. Access drive aisle from Cliff Road to Walgreens shall not be blocked. 11. Tear down and clean up shall be completed no later than January 1, 1998. All voted its favor. R=94% 7t 612 432 3780 10-31-97 03:43PM P008 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 APPLICANT: Jerry's Garden Center PROPERTY OWNER: Walgreen's REQUEST: Conditional Use Permit LOCATION: 2010 Cliff Rd CASE: 15 -CU -28-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Becky Robertson COMPREHENSIVE PLAN: PD — Planned Development ZONING: CPD — Commercial Planned Development SUMMARY OF REQUEST Jerry's Garden Center is requesting approval of a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of Christmas trees, stands, and wreaths to be located next to the parking lot of the Walgreens store at 2010 Cliff Rd on property legally described as Lots 1 and 2, Block 1, Hadler Park in the NE 114 of Section 31. AUTHORITY FOR REVIEW 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 propert: - 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. 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 that 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. Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. Section 11.10 Subd. 29, C.2. states that in addition to the standards for Conditional Use Permits, seasonal outdoor sales shall conform to the following standards: (a) The Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter. (b) The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. (c) The sale area shall not encroach into any required front building setback area or other required setbacks. (d) The sale area shall be screened from view from adjacent residential uses and residential zoned property. (e) The sale area shall not take up required parking spaces or landscaping areas of the principal use. (f) The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/ EXISTING CONDITIONS The final subdivision for the Hadler Park Planned Development was approved in 1992. The plat included four lots, one for the old courthouse facility, one for Walgreens, and two lots for Class I restaurant pads. The proposed site is county owned, currently vacant, and has not been maintained for some time. The applicant would need to have the site cleared for this proposed outdoor seasonal sale. Jerry's Garden Center occupied this same space last year under an administrative approval from October to December. Since that time .the City has adopted the temporary event and seasonal outdoor sale ordinance. 7'5 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Taco Bell; zoned Planned Development (PD) and guided Commercial Planned Development South - Rahncliff Learning Center and a pond; zoned Planned Development (PD) and guided Commercial Planned Development East - Walgreens; zoned Planned Development (PD) and guided Commercial Planned Development West - Minnesota Drivers License & Exam Facility; zoned Public Facilities (P) and guided Limited Business (LB) EVALUATION OF REQUEST If approved the Christmas tree lot will be. set up shortly after City Council action on November 4, 1997. The trees will be partially delivered the first week of November 1997 with continuous delivery thereafter. Days of operation will be the Friday after Thanksgiving; November 28, 1997 through December 24, 1997. The lot will be open to the public from 11:00 A.M. — 9:00 P.M. Monday through Friday and 9:00 A.M. — 9:00 P.M. Saturday and Sunday. They plan to sell Christmas trees, wreaths, stands, etc. The sales operation, teardown, and clean up is to be completed by January 1, 1998. Com2atibilit-v with Surrounding Area — The proposed site is zoned and guided for commercial use. All of the properties surrounding the proposed site area are also guided commercial uses. Three of the surrounding properties are zoned for commercial uses, while the fourth is zoned for public facilities. The seasonal outdoor sale of Christmas trees next to the Walgreens store parking lot appears to be compatible with the uses of the surrounding area. The drive located off of Cliff Road that serves Walgreens is not blocked by this proposed sale. Site Plan — The site plan shows the proposed tree lot to be located in the parking lot to the west of the Walgreens store. City Code requires a seasonal outdoor sale to be placed in an enclosure to achieve appropriate security and containment or for public safety reasons. The applicant proposes a three-foot high wire fence around the perimeter of the lot to serve as an enclosure and trees should not be stored outside of the fenced area. Setbacks — City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area appears to meet the required setback from adjacent properties. Signage — The application does not contain any information concerning signage. All signage for this seasonal outdoor sale should conform to City Code standards. City Code requires the applicant to obtain a sign permit from the City. This type of permit has a fee for the first year given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Parkins — It is not clear from the proposed site plan that parking associated with the outdoor sales event will not spill over onto adjacent properties due to the location of the stand. The stand operated last year during the same time period and in the same location and the City does not have any record of parking problems associated with the sale last year. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Walgreens store will be located at in the parking lot to the west of the store along Cliff Road. The sale will begin November 28, 1997 and last until December 24, 1997. The hours of operation for the lot will be 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. The booth will be cleared by January 1, 1998. ACTION TO BE CONSIDERED Recommend the Approval/denial a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale located next to the parking lot of the Walgreens store at 2010 Cliff Rd on property legally described as Lots 1 and 2, Block 1, Hadler Park in the NE 1/4 of Section 31. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 28th and December 24"' of each year. 2. Sales shall only be permitted during the following hours: 11:00 A.M. to 9:00 P.M. Monday through Friday and 9:00 A.M. to 9:00 P.M. Saturday and Sunday. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. Access drive aisle from Cliff Road to Walgreens shall not be blocked. 8. Tear down and clean up shall be completed no later than January 1, 1998. FINANCIAL OBLIGATION 31 -CU -28-9-97 Lots 1 and 2, Block 1 Hadler Park There are pay-off balances of special assessments totaling $45,350 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 •;e':III*Iaml'fr:Is Man ��,j 'aen a.ent Rd. I Use Per 1-CU.28.9 JIMUF mer rarK Aaamon ;e No. 31 -CU -28-09 C I I I A Is 0 kyj ro10 err 11 Pd np-vp-r©nme T r a F- m mm= [r�rI Y�'I 1 Mot! lipLF Xl- * � i 11 11 i 1 1 • � • • �• a ager Park Addition ;e Ne_ 31.CU.2a.m.; -:. !3 r September 17, 1997 Dear City of Eagan: I'm writing with regard to the new fees for the "Temporary Use Permit" the city has this year. My store has been sponsoring Boy Scout Troop 345 and Troop 510 of Eagan with their Christmas Tree Lots for the last 5 years. For every tree we sell. we donate $2.50 a tree to each troop. The Troops rely on this fund raiser each year to help out the Boy Scouts in their camping, equipment. and fees incurred for each Troop. The store has been trying to do their best to give back to Eagan some of what Eagan has given to us over the years. The new fees are very high: totaling $1300.00 for the two Troops. Neither the Troops or the store can afford to spend this money. If taken from the Troops-, they barely have a reason to spend the time and *energy helping out at the lots. Each Boy Scout gives a certain amount of time each year at the lots and their parents accompany them on their time. We feel that the $500.00 escrow per lot should be waived as this is a charitable fund raiser for Boy Scout Troop 345 and Boy Scout Troop 510. The City of Apple Valley waives all its fees for qualified Apple Valley area non-profit organizations. The Boy Scout Troops qualify as such. We believe it to be in the best of both our interests to provide the troops' with a quality experience to both learn and profit from. and to let us provide it to them. In turn you will have our gratitude for providing us with the ability to help succeed in our goal. � 1 Regards, (chard Schweim President FO Agenda Information Memo November 3, 1997 Eagan City Council Meeting C. CONDITIONAL USE PERMIT — EAGAN EVANGELICAL COVENANT CHURCH ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow seasonal sales on Lot 1, Block 1, Eagan Evangelical Church, located at 4100 Lexington Way, in the southwest quarter of Section 23. FACTS: In 1996, Eagan Evangelical Church operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. • Staff is unaware of any problems, or concerns, caused by this operation at this location last year. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of OctobQr 2 , 1997 et' g, pages�through�. Staff Report, pages �—f- `hrough �r SEV BY: 10-31-97 ; 14:33 ; SEVERSON SH1.DON-� 612 681 4612;# 9/30 rage 8 October 28,1 M ADVISORY PI.AWINCi COMMISSION CONDMONAL USE PERMIT EAGAN EVANGELICAL COVENANT CHURCH Commission Chair Heyl opened the next public bearing of the evening regarding a Conditional Use Permit to allow a Seasonal Outdoor Sate of Christmas trees on Lot 1, Block 1, Eagan Evangelical Covenant Addition located at 4100 Lexington Avenue in the SEV4 of Section 22. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated October 20, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Commission Chair Heyl noted that if this item is approved, the applicant will not have to apply again next year. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a Seasonal Outdoor Sale of Christmas trees on Lot 1, Block 1, Eagan Evangelioal Covenant Addition located at 4100 Lexington Avenue in the SEf4 of Section 22, subject to the following conditions: If approved, the CUP shall be subject to the following conditions prier to issuance of a interim use permit: 2. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 3. The CUP shall be continually subject to the following conditions: 4. The Christmas tree stand shall be allowed on the site between November 15th until December 20th of each year. 5. Sales shall only be permitted Monday through Thursdays 5 p.m. until 9:00 p,m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m., and Sundays 12:00 p.m. unti18:00 p.m. 6. 7. 8 R=94% All signage shall meet City Code requirements. No outdoor storage other than which is approved by the City shall occur on the site. The site shall be maintained free of trash and debris. K12C432 3780 10-31-97 03:43PM P009 #44 SENT BY: R=93% 10-31-87 ; 14:33 ; SEVERSON SHELDON- 612 681 4612;#10/30 ,g EOctober 28, 1997 9. No parking associated with the seasonal sale shall occur off-site. 10. The proposed seasonal outdoor We shall be in compliance with the submitted plan dated September 19, 1997. 11. Tear down and clean up shall be completed no later than January lst of each year. All votcd in favor. 6T14 32 3780 10-31-97 03:43PM P010 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 1997 APPLICANT: Eagan Evangelical Covenant Church PROPERTY OWNER: Eagan Evangelical Covenant Church REQUEST: Conditional Use Permit LOCATION: 4100 Lexington Avenue CASE: 23 -CU -29-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Tamara Pregl COMPREHENSIVE PLAN: PF, Public Facilities. Quasi -Public ZONING: PF, Public Facilities SUMMARY OF RE UEST The Eagan Evangelical Covenant Church is requesting approval of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale of Christmas trees on Lot 1, Block 1, Eagan Evangelical Covenant Addition located at 4100 Lexington Avenue in the SE'/4 of Section 22. AUTHORITY FOR REVIEW Conditional Use Permit City Code Chapter 11, Section 11.40, Subd. 4, C 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. 6T � Planning Report — Eagan Evangelical Covenant Church October 28, 1997 Page 2 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. 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. City Code Chapter 11, Section 11.40, Subd. 4, D 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. City Code Chapter 11, Section 11.40, Subd. 4, E states that if the Plan Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. Seasonal Outdoor Sales Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The recently revised and adopted City Code Chapter 11, Section 11. 10, Subd. 29.4 states that in addition to the standards for conditional use permits, seasonal outdoor sales shall conform to the following standards: A. Seasonal Outdoor Sale shall meet the minimum requirements for temporary outdoor events set forth in the Chapter 11. B. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. C. The sale area shall not encroach into any required front building setback area or other required setbacks. D. The sale area shall be screened from view from adjacent residential uses and residential zoned property. Planning Report. — Eagan Evangelical Covenant Church October 28, 1997 Page 3 E. The sale area shall not take up required parking spaces or landscaping areas of the principal use. F. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS The Eagan Evangelical Covenant Church Addition received final plat approval in October 1989. A building permit for the church was issued in 1989. The site is 4.84 acres in size and contains an 8,500 square foot church and a barn. In September of 1995, a variance request and moving permit were granted to relocate a barn from the Soderholm Addition onto the church's property for the purpose of a church youth and family center. The EECC has conducted Christmas tree sales on the site in past years. According to the applicant, approval was done administratively. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Lexington Avenue South - Soderholm; zoned Planned Development (PD) and guided Neighborhood Business East - Lexington Hills 1" Addition; zoned Planned Development (PD) and guided Mixed Residential, 6-12 units/acre (D -III) West - Single Family Residential; Residential Single Family (R-1) and Agricultural (A) EVALUATION OF RE UEST The City Zoning Code allows for seasonal outdoor sales as a conditional use within a public facilities zoning districts of the city, subject to the adopted standards. The applicant has applied for a Conditional Use Permit for the seasonal outdoor sale of Christmas trees. Sale hours are to occur as follows: Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p:m., and Sundays 12:00 p.m. until 8:00 p.m. The setup and sale period will take place from November 15t' through December 20te of each year. According to the applicant, members of the church and members of the Boy Scout Troop 458 who are sponsored by the church and volunteers from the community will sell the trees. The proceeds from Christmas tree sales will be used fora `Barn Project'. Como,atibilin with Surrounding Area — The proposed site is zoned and guided for public facilities use. The seasonal outdoor sale of Christmas trees, which will be located in the Planning Report — Eagan Evangelical Covenant Church October 28, 1997 Page 4 southeast corner of the parking lot, does not appear to be obtrusive to surrounding areas. This is a temporary event that will occur from November 15' until December 20'. The amount of traffic that maybe generated from this event will not likely exceed the amount of traffic that is presently audible at the retail area to the south of the site on Diffley Road. Site Plan — The site plan shows the proposed tree lot, warming shelter and tree storage area to be located at the southeast corner of the parking lot. Five temporary lighting fixtures that will be installed around the tree lot to allow sales during evening hours. The lighting will be halogen suitable for outdoor use. They will be mounted on poles and aimed in such a manner as to illuminate the trees and not shine on surrounding streets. The tree lot will be fenced with wire and a wooden slat type of fencing. Excess trees stock will be stored to the south of the proposed tree lot. Access/Circulation — The proposed location of the tree lot will not interfere with pedestrian or vehicular traffic on-site. The tree lot is proposed to be placed on the grassy area on the southeast corner of the parking lot. There is a single access to the site off of Lexington Way. Signage - The applicant is proposing a banner along Cliff Road. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Setbacks — City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets that required setback from adjacent properties. Parking — Currently, there are 83 parking spaces on-site. Parking associated with the outdoor sales event does not appear likely to spill over onto adjacent properties. Parking for this event will be contained within the parking area designated for the church. The request complies with Conditions A through E of the City Code Chapter 11, Section 11. 10, Subd. 29.4, Seasonal Outdoor Sales; however, Condition G requires that the sale area be surfaced with concrete or an approved equivalent to control dust and erosion. The proposed event will occur during the months of November and December. Snow and ice should provide an acceptable surface for the sale of Christmas trees. SUMMARY/CONCLUSION The proposed seasonal outdoor sale of Christmas trees at the Eagan Evangelical Covenant Church will be located at the southeast corner of the parking lot. The timing of this project will occur from November 15`' until December 200'. Christmas tree sale hours are to occur as follows: Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m., and Sundays 12:00 p.m. until 8:00 p.m. The location of the tree lot and cashier area will be located on what is now a grassy area in the southeast corner of the existing parking lot. This proposed site would not interfere with vehicular traffic on-site. Planning Report — Eagan Evangelical Covenant Church October 28, 1997 Page 5 ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit (CUP) to allow a Seasonal Outdoor Sale of Christmas trees If approved, the CUP shall be subject to the following conditions prior to issuance of a interim use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The CUP shall be continually subject to the following conditions: 1. The Christmas tree stand shall be allowed on the site between November 15`' until December 206 of each year. 2. Sales shall only be permitted Monday through Thursdays 5 p.m. until 9:00 p.m., Fridays 5 p.m. until 10:00 p.m., Saturdays 9:00 a.m. until 9:00 p.m., and Sundays 12:00 p.m. until 8:00 p.m. 3. All signage shall meet City Code requirements. 4. No outdoor storage other than which is approved by the City shall occur on the site. 5. The site shall be maintained free of trash and debris. 6. No parking associated with the seasonal sale shall occur off-site. 7. The proposed seasonal outdoor sale shall be in compliance with the submitted plan dated September 19, 1997. 8. Tear down and cleanup shall be completed no later than January 1 s` of each year. FINANCIAL OBLIGATION 23 -CU -29-9-97 Lot 1, Block 1, Eagan Evangelical Covenant Church There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 MAR +AW:1N[old mi'If:fi do 1=vifer-NoK--IlcaI a-uirNga 11 Levinate elms[. M& r.IWx101N1eria0a-0 V ga ma 9]11111• ■ m I � T �41P EPP � �I � E ■ ■■ �, .w _ ......t I �!� • -- -. �. 0 ■■n.■■■■ J irn pnlual %ouvenc .rU.29.n-Q.97 IaMVtOJIIIsIs � � ■4mu 7[� 111"r.Mff ime Pian vesignatic PF Public Facilifiac mean evangelical uvvene ase Nn- 23.cu.29.n9.97 10 111411/'i -111//j IN, I i II '4u, �-�---,F-- 9rslsc�) S"hr1S ,�Q V 7 W 'r �j W 1 -, F za nn d \ II II '4u, �-�---,F-- 9rslsc�) S"hr1S ,�Q V October 20, 1997 O C i 2 1 1997 City of Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 re: 23 -CU -29-09-97 Dear People, My wife and I want to express our approval in the granting of the Conditional Use Permit to the Eagan Evengelical Covenant Church. We are not members of that congregation, but we want you to know that we couldn't "wish" for better neighbors. Please encourage the City Council to approve this permit without delay. Sincerely, Floyd J.Rodmyre 7 Mar 'ret E. Rodmyre 4145 Lexington Way Eagan, MN 55123 Agenda Information Memo November 3,1997 Eagan City Council Meeting D. INTERIM USE PERMIT — EAGAN EVANGELICAL CHURCH ACTION TO BE CONSIDERED: To approve/deny an Interim Use Permit to allow seasonal sales on 2.4 acre agriculturally -zoned unplatted property located at the southwest corner of Cliff Road and Dodd Road in the NW 1/4 of Section 36. FACTS: • In 1996, Eagan Evangelical Church operated Christmas tree sales at this location after receiving approval administratively prior to the City adopting the Seasonal Sales and Temporary Outdoor Sales Ordinance. • Staff is unaware of any problems, or concerns. caused by this operation at this location last year. • The City Zoning Ordinance does not allow seasonal outdoor sales as a Conditional Use within agricultural zoning districts; therefore, the applicant has applied for an Interim Use Permit. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of OctDbe_L 28, 1997 meeting, pages through". Staff Report, pages through ILL. 9f SENT BY: 10-31-97 ; 14:34 ; SEVERSON SHELDON-4 612 681 4612;#11/30 R=94% page IU 0doter 28, 1997 AL)VLSUKY PLANNINO WhOMSION INTERIM USE PERMTf EAGAN EVANGELICAL COVENANT CHURCH Commission Chair Heyl opened the next public hearing of the evening regarding an interim Use Permit to allow seasonal outdoor sales of Christmas trees on the southwest corner of Cliff Road and Dodd Road in the NWA of Section.36. EECC is seeking a multiple year interim use permit for a minimum of S years or until &e property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs plmming report dated October 21, 1997. Mr. Ridley noted the background and history, the surrounding uses and the wdsting conditions of the subject property. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of an Interim Use Permit to allow seasonal outdoor sales of Christmas trees on the southwest corner of Cliff Road and Dodd Road in the NWK of Section 36. EECC is seeking a multiple year interim use permit for a minimum of 5 years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed, subject to the following conditions: The 1UP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. The IUP shall be continually subject to the following conditions; 3. The permit shall be valid for five (5) years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and dcvclopcd, which ever comes first. 4. The Christmas tree lot scall be allowed on the site between November 16th and December 20t1L 5. The hours of operation shall be limited to: Monday through Thursday, 5:00 p.m. until 9:00 p.m.; Friday, 5:00 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; and Sundays 12:00 p.m. until 5:00 p.m. 6. All signage shall meet City Code requirements. 6 3780 10-31-97 03:43PM P011 #44 SENT BY: 10-31-97 ; 14:34 ; SEVERSON SHELDONi 612 681 4612;#12130 October 28,1997 ADVISORY PLANNING CONNISSION 7. No outdoor storage other than which is approved by the City shall occur on the site. S. The site shall be maintained free of trash or debris. 9. No parking associated with the seasonal sale shall occur off -sine. 10. Access to the site shall be strietly from Dodd Road. ll, The proposed seasonal outdoor sales event 9ha11 be in compliance with all applicable City regulations. 12. Tear down and clean up shall be completed no later than January Ist of each year. All voted in favor. R-94% 61q23 2 3780 10-31-97 03:43PM P012 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 1997 APPLICANT: Eagan Evangelical Covenant Church PROPERTY OWNER: Phil Larson REQUEST: Interim Use Permit CASE: 36 -IN -2-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Tamara Pregl LOCATION: Southwest corner of Cliff Road and Dodd Road COMPREHENSIVE PLAN: A, Agriculture ZONING: A, Agriculture SUMMARY OF REQUEST Eagan Evangelical Covenant Church (EECC) is requesting an Interim Use Permit (IUP) to allow seasonal outdoor sales of Christmas trees on the southwest corner of Cliff Road and Dodd Road in the NW %4 of Section 36. EECC is seeking a multiple year interim use permit for a minimum of 5 years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed. AUTHORITY FOR REVIEW Interim Use Permit City Code Chapter 11, Section 11.22 defines an interim use as a "temporary use of property until a particular date, until the occurrence of a particular event or -until zoning regulations no longer permit it." This section further provides that the Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to th zoning regulations herein;. B. The date or event that will terminate the use can be identified with certainty; C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; Planning Report - Eagan Evangelical Covenant Church October 28, 1997 Page 2 D. The use agrees to any conditions that the Council deems appropriate for permission of the use; E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Conditional Use Permit City Code Chapter 11, Section 11.40, Subd. 4, C 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. 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. City Code Chapter 11, Section 11.40, Subd. 4, D 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. bi Planning Report - Eagan Evangelical Covenant Church October 28, 1097 Page 3 Seasonal Outdoor Sales Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The recently revised and adopted City Code Chapter 11, Section 11. 10, Subd. 29.4 states that in addition to the standards for conditional use permits, seasonal outdoor sales shall conform to the following standards: A. Seasonal Outdoor Sales shall meet the minimum requirements for temporary outdoor events set forth in the Chapter 11. B. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. C. The sale area shall not encroach into any required front building setback area or other required setbacks. D. The sale area shall be screened from view from adjacent residential uses and residential zoned property. E. The sale area shall not take up required parking spaces or landscaping areas of the principal use. F. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/EXISTING CONDITIONS The property is located on the southwest corner of Cliff Road and Dodd Road. The property is owned by Mr. Phil Larson. In the past, this site has been the home of Pahl's Market, a seasonal produce stand. There is a trailer on the site that faces Cliff Road used for Pahl's Market. The site has two access points, one access off of Cliff Road and the other off of Dodd Road. The EEOC has conducted Christmas tree sales on the site in past years. Approval was done administratively. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Fawn Ridge Subdivision; zoned Planned Development (PD) and guided Single Family, 0-3 units/acre (D -I) South - Residential and Dakota Electric Power Substation; zoned Agriculture (A) and guided Single Family, 0-3 units/acre (D -I) (oo Planning Report - Eagan Evangelical Covenant Church October 28, 1997 Page 4 East - Bloomquist Design Landscaping; zoned Agriculture (A) and guided Mixed Residential, 0-6 units/acre (D -II) West - Vacant; zoned Agriculture (A) and guided Single Family, 0-3 units/acre (D -I) EVALUATION OF REQUEST The City Zoning Code does not allows for seasonal outdoor sales as a conditional use within an agricultural zoning district of the City. Therefore, the applicant has applied for a Interim Use Permit for the seasonal outdoor sales of Christmas trees. Sale hours are to occur: Monday through Thursdays, 5 p.m. until 9:00 p.m.; Fridays, 5 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; Sundays, 12:00 p.m. until 8:00 p.m. The setup and sale period will take'place from November 15th through December 20th. According to the applicant, members of the church and members of the Boy Scout Troop 458 who are sponsored by the church and volunteers from the community will sell the trees. The proceeds from Christmas tree sales will be used for a "Barn Project." The applicant has received permission from Mr. Phil Larson, property owner, to sell Christmas trees on this site. Compatibility with Surrounding Area - The site is located on the southwest corner of Cliff Road and Dodd Road. The season sale of Christmas trees does not appear to be incompatible to the surrounding area. This is a temporary event that will occur from November 15th until December 20th. The amounts of traffic generated from this temporary event will unlikely exceed the amount of traffic presently experienced on Cliff Road and Dodd Road. Site Plan - The site plan submitted shows the proposed Christmas tree lot to be located behind the existing trailer that is used by Pahl's Market during the summer months. Six temporary lighting fixtures will be installed around the tree lot to allow sale during evening hours. The lights will be halogen suitable for outdoor use. They will be mounted on poles and aimed in such a manner as to illuminate the trees and not shine on surrounding streets. The tree lot will be fenced with wire, the type of fencing used to enclose gardens. Access/Street Design - There are currently two access points to the site. One access off of Cliff Road and the second access off of Dodd Road. Staff has concerns about direct access of Cliff Road, a two lane rural segment, particularly in the wintertime and believes that access should be limited to Dodd Road only. Signage - The applicant is proposing a banner along Cliff Road. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. This type of permit has a fee for the first year, given the sign stays the same from year to year. The code also allows a maximum of 25 square feet of signage for a conditional use. Setbacks — City Code requires a seasonal outdoor sale to be a minimum of 10 feet from any property line. The proposed display area meets that required setback from adjacent properties. (01 Planning Report - Eagan Evangelical Covenant Church October 28, 1997 Page 5 Parkin — A parking lot has been identified on the Site Plan. Currently, the site has a gravel area that has been used as parking for Pahl's Market during the summer months. According to the applicant, since this event will occurring during the months of November and December with the likelihood of snow, parking will be designated by the plow. However, if no snow has fallen by then, the applicant will put stakes with markers defining the parking area. The request complies with Conditions A through E of the City Code Chapter 11, Section 11. 10, Subd. 29.4, Seasonal Outdoor Sales; however, Condition F requires that the sale area be surfaced with concrete or an approved equivalent to control dust and erosion. The proposed event will occurring during the months of November and December. Snow and ice should provide an acceptable surface for the sale of Christmas trees. SUMMARY/CONCLUSION The proposed seasonal outdoor sales of Christmas trees by the Eagan Evangelical Covenant Church will be located on the corner of Cliff Road and Dodd Road. The timing of this temporary event will occur from November 15th until December 20th. Christmas tree sale hours are to occur: Monday through Thursdays, 5 p.m. until 9:00 p.m.; Fridays, 5 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; Sundays, 12:00 p.m. until 8:00 p.m. The setup and sale period will take place from November 15th through December 20th. The tree lot will be located behind the existing trailer on the site. To avoid possible traffic problems on Cliff Road, access to the site should be limited to Dodd Road only. ACTION TO BE CONSIDERED To recommend approval or denial of a Interim Use Permit (IUP) to allow a seasonal outdoor Sales of Christmas trees. If approved, the IUP shall be subject to the following conditions prior to issuance of a interim use permit: The IUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. The IUP shall be continually subject to the following conditions: This permit shall be for a minimum of five (5) years or until the property is zoned such to allow for the issuance of a Conditional Use Permit or until the property is sold and developed, which ever comes first. 2. The Christmas tree lot shall be allowed on the site between November 16th and December 20th. Planning Report - Eagan Evangelical Covenant Church October 28, 1997 Page 6 3. The hours of operation shall be limited to: Monday through Thursday, 5:00 p.m. until 9:00 p.m.; Friday, 5:00 p.m. until 10:00 p.m.; Saturdays, 9:00 a.m. until 9:00 p.m.; and Sundays 12:00 p.m. until 8:00 p.m. 4. All signage shall meet City Code requirements. 5. No outdoor storage other than which is approved by the City shall occur on the site. 6. The site shall be maintained free of trash or debris. 7. No parking associated with the seasonal sale shall occur off-site. 8. Access to the site shall be strictly from Dodd Road. 9. The proposed seasonal outdoor sales event shall be in compliance with all applicable City regulations. 10. Tear down and clean up shall be completed no later than January 15t of each year. •:W:1MIslas k"Irvi• nrso" ■ ■tee ILMa ay Fm1-In 10C1YDSIS! Lw -T A =J■IlrmilillaIa fv Corner oT GIITT KCI fir. VOOCI Rif ase Ne. 36.lN.02_p9_97 J' I F. G 0 L;orner oT uim Ka t a No. 36-IN-02-09-c- iam" WI ncie 1 ian De; nlp Fnmilu Ir •r-r.r:■:r. IIIIr_IaIa I i I f� (I c) DELMAR He SCHWANZ LAND SURVEYORS. INC. Registered Under laws of The State of Minnesota 14750 SOUTH ROBERT TR —1- ROSEMOUNT. MINNESOTA 55068 612/423.1769 03�o8O 03� '�S SURVEYOR'S CERTIFICATE NE. corner of NW} - Sec. 36 Ad CT North line of NWI Sec. 36 312.68 N89°4150 W -- -- 805.84 N�89 o CLIFF ROAD CP 1sr %�4 h turf Q S 1 S • d \ �Q �3� 3 � '� iia►\,•c„t Y = 1ty��' t. O .42 ACRES) a easement \ �� S � � nt - y co D( NVQ \ d ark N Utility easement \`O fe \ , 202's8911 rN83°0022 E 233.80 EAST \- i Dakota Electric SCALE: 1 inch = 100 feet LEGAL DESCRIPTION That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 805.84 feet to the point of beginning of land to be described; thence continuing North 89 degrees 41 minutes 50 seconds West along said north line a distance of 312.68 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 286.00 feet; thence on a bearing of East a distance of 233.80 feet; thence North 83 degrees 00 minutes 22 seconds East a distance of 202.89 feet; thence North 25 degrees 02 minutes 00 seconds West a distance of 286.55 feet to the paint of beginning. Subject to a public road easement o the east for Dodd Road and on the north for Cliff Road. Containing 2.42 acres. O Uh `1i i r nn7 OAT 9000141$11■l'1�:1! velIcal a..a • - Nei rii i :i -GTT f..Jl m rT [: ■ IrMr. 1 Y.aS dS 'V'` Zoning Map Current Zoning A Agriculture SW Corner of Cliff Rd & Dodd Rd Case No. 36 -IN -02-09-97 of Eagan Community Development Department I+ E C)1060 o ,000 Fed 0 0 CIO Plan Ileslonatic • i -i binuie Family (U-3 units/acre Corner of Cliff Kd & Dodd KC No. 36 -IN -02-09-97 DELMAR He SCHWANZ LAND SURVEYORS. INC. Replslemd Under Laws of The Stele of IAlnnesols 14750 SOUTH ROBERT TR "I_ ROSEMOUNT. MINNESOTA 55068 612/423-1769 o •, �� p'�(oOQ - Oaf ��S SIJRVEYOR'S CERTIFICATE NE. corner of NWI sec. 36 td� North line of NW} Sec. 36 312.68 N89°4150 W - -' 805.84 Nr 8904 0 1' CLIFF ROAD In ra I o 15 d \ �� s33 3 _o O X� X x \Cro In.42 ACRE: \ � o�,, 0 VV $ Ln Q{� Q'��'g Utilityy easement \ y a .g � \ 0 nt - ark N Utility easement 15 , 202 89 „ N83°00 22 E `33 233.80 EAST i \,;;5 Dakota Electric SCALE: 1 inch = 100 feet LEGAL DESCRIPTION That part of the Northwest Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the northeast corner of said Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West (assumed bearing) along the north line thereof a distance of 805.84 feet to the point of beginning of land to be described; thence continuing North 89 degrees 41 minutes 50 seconds West along said north line a distance of 312.68 feet; thence South 00 degrees 15 minutes 00 seconds West a distance of 286.00 feet; thence on a bearing of East a distance of 233.80 feet; thence North 83 degrees 00 minutes 22 seconds East a distance of 202.89 feet; thence forth 25 degrees 02 minutes 00 seconds West a distance of 286.55 feet to the paint of beginning. Subject to a public road easement on the east for Dodd Road and on the north for Cliff Road. Containing 2.42 acres. 10')7 Agenda Information Item November 3,1997 Eagan City Council Meeting E. CONDITIONAL USE PERMIT - D.G. WELDING ACTION TO BE CONSIDERED: • To approve or deny a request for a Conditional Use Permit for D.G. Welding to allow the outdoor storage of structural steel, finished product, company vehicles and a trailer at its facility located on Lots 1, Block 1 Tan Me Addition (3265 Sun Drive) subject to the conditions listed in the APC minutes. FACTS: At its regular meeting on October 28, 1997 the Advisory Planning Commission (APC) held a public hearing on this item. No one from the public appeared for this item. The APC recommended approval of this item subject to the conditions listed in the planning report. The welding shop and office are a permitted use in the I-1 zoning district. The proposed outdoor storage requires a Conditional Use Permit. • The proposed outdoor storage area (approximately 1,530 s.£) is located in the rear portion of the site, is proposed to be completely fenced, and the landscaping and topography will screen it from any view from Sun Drive (a private road). BACKGROUND: Minutes from October 28, 1?17 APC meeting - page �. Planning Report - pages - �( a SENT BY: 10-31-97 ; 14:34 ; SEVERSON SHE DON-+ 612 681 4612;#13/30 Page 12 WoUr 29,1997 ADVISORY P1.ANNINGCOMMISSION p'l .7 CONDITIONAL, USE PERMIT � `` � �; E' D. G. EN L"RISES Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of structural steel, finished product, company vehicles and a trailer at 3265 Sun Drive (Lot 1, Block 1, Tan Me Addition), west of Terminal Drive, north of Yankee Doodle Road in the SE14 of Section 8. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated October 14, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant and his representative were present but made no comment, Member Frank moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of structural steel, finished product, company vehicles and a trailer at 3265 Sum Drive (Lot 1, Block 1, Tan Me Addition), west of Terminal Drive, north of Yankee Doodle Road in thr, si1;% of Section 8, subject to the following conditions: The Conditional Use Permit slA be recorded at Dakota County within 60 days of its approval by the City Council. 2. The storage shall not exceed 6' in height. 3. The outdoor storage shall be limited to company vehicles, structural steel, finished products, and a trailer as identified on the site plan dated October 3, 1997. All voted in favor. R=94% f 6112 432 3780 10-31-97 03:43PM P013 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 14, 1997 APPLICANT: D.G. Enterprises PROPERTY OWNER: Delores Dolney CASE:1 I -CU -22-8-97 HEARING DATE: October 28, 1997 PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit - Outdoor Storage LOCATION: Lot 1, Block 1, Tan Me Addition COMPREHENSIVE PLAN: Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST D.G. Enterprises has requested a Conditional Use Permit to allow outdoor storage of structural steel, finished product, company vehicles and a trailer at 3265 Sun Drive (Lot 1, Block 1, Tan Me Addition), vilest of Terminal Drive, north of Yankee Doodle Road in the SE 1/4 of Section 8. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: 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. Planning Report - D.G. Welding - CUP October 28, 1997 Page 2 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. Performance Standards. Outdoor storage permitted in accordance with Subparagraph A. (Outdoor Storage by Businesses) herein shall comply to the following requirements, in addition to those requirements set forth in Subdivision 4 of Section 11.40 of this Chapter: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. In General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial (I-1) and General Industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right of way and from any adjacent property which is designated for residential uses in the Comprehensive Guide Plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY In 1995, Lot 7, Block 1, Sibley Terminal Industrial Park was subdivided into three lots, Tan Me Addition. D.G Welding is located on Lot 1, Block 1, Tan Me Addition (1.95 acres). i,s Planning Report - D.G. Welding - CUP October 28, 1997 Page 3 EXISTING CONDITIONS The welding shop and office are permitted uses and the 18,112 s.f, building is currently under construction. According to the applicant the storage of, raw steel, finished products, company vehicles and a trailer (used to move finished product) are associated with the principal use. D.G. Welding employs approximately 19 people and specializes in custom welding. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Bachman's; zoned I-1; guided IND. South - Tan Me office & Warehouse; zoned I-1, guided IND. East - Henning Rhode; zoned I-1, guided IND. West - City of Eagan; zoned I-1; guided IND. EVALUATION OF REQUES Site Plan - The site plan shows the proposed outdoor storage to be located in the rear portion of the site. Two main areas, identified on the site plan, specifically designate the outdoor storage locations. The site nearest the building is approximately 360 s.f, and the larger 1,167 s.f area is located along the retaining wall at the north end of the parking lot. According to the applicant the storage areas would be used for storage of structural steel and finished product before shipping. The area is surfaced with bituminous pavement and concrete curb. The rear parking lot is proposed to be completely fenced with a 6' chain link fence; a gate is located on the east side of the building. The site plan indicates a future accessory building, it is not yet known when or if this building will be constructed. The applicant is proposing 35 parking spaces, 14 - 10'x 18' customer parking spaces and 21-9'x 18' employee spaces. Forty-one spaces area required by Code. Six spaces are identified on the plan as proof of parking. Landsca in - A landscape plan was submitted with the building permit. The plan provides screening of the storage area from Sun Drive (private road) Grading and Utilities - The grading and utilities plan are acceptable. Planning Report - D.G. Welding - CUP October 28, 1997 Page 4 Compatibili!y with Surrounding Area -. Many of the businesses in the area have outdoor storage areas utilized for company trucks, equipment, containers, and trucks. The outdoor storage site is located in an inconspicuous area. Its proposed location on the rear side of the building, the topography and landscaping should screen this from view. Access/Street Design - Access to the site is from Sun Drive which is a private drive to serve Tan Me, D.G. Welding, and a future use to be located on the vacant Lot 3, Block 1, Tan Me Addition. SUMMARY/CONCLUSION The proposed outdoor storage area is located in an area of minimal visibility. The use of outdoor storage as proposed appears compatible with the area and the standards set forth for outdoor storage by a business. The outdoor storage areas have been defined and do not compete with parking or landscaped areas. ACTION TO BE CONSIDERED The action for consideration is to recommend approval or denial of the proposed Conditional Use Permit allowing outdoor storage structural steel, finished product, company vehicles and a trailer subject to the following conditions. The Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval by the City Council. 2. The storage shall not exceed 6' in height. 3. The outdoor storage shall be limited to company vehicles, structural steel, finished products, and a trailer as identified on the site plan dated October 3, 1997. hi FINANCIAL OBLIGATION 8 -CU -21-8-97 Lot 1, Block 1, Tan Me, Industrial Park There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount Location ONEa�ar� D. G. Enterprises Conditional Use Permit N Case No. 08-CU-21-08-97 N E 0 800 _,_800 Feet City of Eagan Community Development Department / Zoning Map Current Zoning 1-1 Limited industrial D. G. Enterprises Case No. 08 -CU -21-08-97 of Eagan Communky N E 1000 0 1000 �t ofEog- Comprehensive Plan Map it �4k � f jai 1� Guide Plan Designation IND Limited Industrial D. G. Enterprises Case No. 08 -CU -21-08-97 City of Eagan Community Development Department u 1 1 10000 1000 Feet ..ou wu innaav, -a,.r avoru .� _ uiLoiro 7HI'1NHNdpl3A30 O?1dCi'd 4 Q IL155 'NLI NV9V3 9HIbn17MimNY11 1 7N1013A1 94 'nn SAma Nns 91L£ 'bOd 1.11117'dd MSN 0380dObd m m a m a LU LU m < t4 Z 4 0 a ^~�OPf sit 1 ' C < AA - - is Ln 2. 4 % '. o @ F Lin 2 Q. I XZ1, 0 b a P 3 con y iLi 1 i g� b tg N, y6 ! lit 8 I1 1 i•�xX•! 1[m I P V ' N, y6 U 9 s_ }� Agenda Information Memo November 3,1997 Eagan City Council Meeting F. CONDITIONAL USE PERMIT — R. J. RYAN CONSTRUCTION ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow a trucking facility (Mats, Inc.) on Lot 3, Block 2, Eagandale Corporate Center, located on the south side of Aldrin Drive in the SE 1/4 of Section 11. FACTS: R.J. Ryan, on behalf of Mats, Inc., is requesting approval of a trucking facility that is adjacent to and closely matches the Hoovestal Trucking facility approved by Council action earlier this year. • The request appears to meet performance standards outlined in the Zoning Ordinance regarding building and parking setbacks, number of parking stalls, and most performance standards required. There are, however, some minor outstanding issues that can be resolved at the time of building permit issuance. The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. ISSUES: • Additional landscaping should be added along the east and west sides of the site and plant materials should also be installed in the parking islands located in the employee parking area. Architectural standards in the industrial zoning district must also be met. BACKGROUND/ATTACHMENTS: (2) APC Minutes of Octob 28, 1997 meet' g, page%=through 4r Staff Report, page;through /a3 SENT BY: 10-31-97 ; 14:35 SEVERSON SHELDON-4 612 681 4612;#14/30 :Page 1-1 �, October 28, 1997 ADVISORY PLANNING COMMISSION CONDMONAL USE PERMIT RYAN CONSTRUCTION Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow a truck terminal on Lot 3, Block 2, Eagandale Corporate Center located on the south aide of Aldrin Drive, in the SEI! of Section 11. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information Presented in City staffs planning report dated October 22, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject Property The applicant was present for questions. Jeff Roberts who owns a nearby business stated his concern that there are already too many trucks in the area and the roads are not wide enough. Design Engineer John Corder noted that Lone Oak Road will be upgraded to four lanes next year and that other streets such as Mike Collins Drive are wide enough. Member Bakken moved, Member Carlson seconded, a motion to recommend aPProval of a Conditional Use Permit to allow a truck terminal on Lot 31 Block 2, Eagandalc Corporate Center located on the south side of Aldrin Drive, in the SEV2 of Section 11, subjeot to the following conditions: 1. The CLIP shall be recorded at Dakota County within 60 days of Council approval with evidence of recording submitted to die City. 2. 3. 4. 5. 21 R-94% The ging of the site shall not encroach within the drainage and utility easement for Fond EP -3.2 located west of the site. Grading easements should be obtained for grading, if any, on adjacent Lot 4, Block 2, prior to the issuance of a building permit. The area of the Rockfam C.M.U. that has been indicated to have single scoring must be scored at least twice. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. Plant material shall be installed in the two standalone islands in the employee parking area. f� 612 432 3780 10-31-97 03:43PM P014 #44 SENT BY: 10-31-97 ; 14:95 SEVERSON SHELDON-+ 612 681 4612;#15/30 Pago 14 October 28.1997 _ ADVISORY PLANING COMIMSSION t t R ' ? �} � i • 7 7. Additional plant material shall be installed along the east and west perimeter of the site. S. All trash and recyclable containers shall be stored inside the principal building or shall comply with City Code standards for outside storage of trash and recyclables. 9. All lighting shall conform to City Code standards. 10. The proposed truck germinal shall be in compliance with the submitted site plan dated October 9, 1997. All voted in favor. R=94% / C-� S 612 432 3780 10-31-97 03:43PM P015 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 22, 1997 APPLICANT: Mats, Inc. PROPERTY OWNER: CASE: 11 -CU -26-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Tamara Pregl REQUEST: Conditional Use Permit to allow a truck terminal LOCATION: Block 2, Lot 3, Eagandale Corporate Center on Aldrin Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Mats, Inc. is requesting approval of a Conditional Use Permit (CUP) to allow a truck terminal on Lot 3, Block 2, Eagandale Corporate Center located on the south side of Aldrin Drive, in the SE 1/2 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C 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 propert} values within the neighborhood. ( Q� Planning Report — Mats, Inc. October 28, 1997 Page 2 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. 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. BACKGROUND/EXISTING CONDITIONS The Eagandale Corporate Center was subdivided and platted in 1995. A conditional use permit was granted for Hoovestol, Inc in 1995 to allow a truck terminal and sales and service of trucks and trailers on the adjacent site to the east. The site is largely open with no significant vegetation. It does appear that the site has been graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Under construction (future site of Dart Transit Company Warehouse); zoned Industrial (I-1) and guided Industrial (IND) South - Stock Lumber and Terminal Warehouse Company; zoned Industrial (I-1) and guided Industrial (IND) East - Hoovestol, Inc.; zoned Industrial (I-1) and guided Industrial (IND) West- Vacant; zoned Industrial (I-1) and guided Industrial (IND) EVALUATION OF REQUEST Proposed Use - Mats, Inc. is a LTL (less then truck load carrier) that operates on a regional basis. They specialize in the movement of air and surface freight. According to the applicant, almost half of the business is airfreight related. However, their main source of revenue is from freight movements between the Chicago and Twin Cities terminals with service to points beyond. Mats, Inc. has been leasing terminal space at Air Cargo City at the Minneapolis, St. Paul International Airport for twenty-five years. Due to the addition of the new north/south runway at the airport that requires the removal of their present terminal by the year 2001, the applicant is proposing to relocate the business to this site. According the applicant, more then half of their 1a 7 Planning Report — Mats, Inc. October 28; 1997 Page 3 customers have relocated to Eagan making this site an ideal location. Not only will this site be a terminal for cross -dock operations, it will be the location of Mats' Corporate Headquarters. There are currently 60 employees, 45 of which will be based in the Eagan terminal. The present hours of operation are Monday through Friday from 5:00 a.m. to 2:00 a.m. and Saturday from 6:00 a.m. to 5:00 p.m. Compatibihiv with Surrounding Area — The proposed truck terminal appears compatible with other uses in this area. The site is completely surrounded by other industrial uses, which include several truck terminals, manufacturing and warehouse facilities. Setbacks - City Code Section 11.20, Subd. 20 requires a minimum 40 foot building setback along a public right-of-way; a 20 foot setback from the side yard; and a 30 foot rear yard setback in an industrial zoning district. The proposed office and warehouse meet these City Code setback requirements. Parkin</Streets/Access/Circulation - The site plan indicates 93 parking stalls for employee parking, 4 of which are designated handicapped stalls. City Code requires 82 parking stalls based on the proposed building usage of 9,066 s.f. office and 25,000 s.f. warehouse. The stalls and drive aisles in the employee parking area meet code requirements for size and width. According to the applicant, they operate 30 tractors and 40 trailers of which 23 tractors and 30 trailers will be based in Eagan. The proposed site plan indicates trailer storage on the southeast corner'of the site. Trucks and employee vehicle access is proposed at two locations from Aldrin Drive. Aldrin Drive was recently constructed as part of the City Project No. 688. Building Design — The proposed structure will include a 9,066 s.f. office area and 25,000 s.f. warehouse. The main entry of the office area faces north. There are two entrances into the building. The materials that will be used for the entries include standing seam metal roof and fascia. The exterior architectural material for the office building consists of Rockface Concrete Masonry Unit (C.M.U.). The base of the office building will be painted. It does not appear that there will be any scoring on this portion of the building. The remainder of the building will also be painted. There are three bands in the middle portion of the building that extend the length of the office building and on the sides. These bands are evenly spaced and will be painted. The upper portion of the building will include painted accent blocks evenly spaced across the face of the building. The color of the building is not identified on the plans. The base of the building and the portions of the building that do not include the bands and accent blocks have been indicated to have single scoring. In accordance with City Code, these blocks must be scored at least twice. The rectangular warehouse area includes 39 dock doors. The applicant has indicated that the exterior architectural material to be used for the warehouse building will match the base of the office building (Rockface Concrete Masonry Unit, which is painted). Along the top portion of no Planning Report — Mats, Inc. October 28, 1997 Page 4 the warehouse building a painted band has been indicated on the site plan. This band appears to be consistent around the entire building. The roofline for both the office building and warehouse is flat. The plans show that the top of the roof will have pre -finished cap flashing. Signage — No signage other than address numbers have been identified on the site plan. According to the applicant, a monument sign will be installed in the future. All signage shall conform to City Code standards. Trash Enclosure — No trash/recyclable materials enclosure is shown on the plans. According to the applicant, all trash and recyclable materials storage will be inside the principal building. Landscaping — With minor modifications, the landscape plan is acceptable. The foundation planting consists of shrubs (spirea, honey suckle, hydrangea) with landscape bedding of rock mulch and five Flowering Crab trees will also be planted in the front of the building. The landscaping plan shows that the two stand-alone islands in the employee parking area will consist of rock mulch. These islands should be planted and irrigated. The landscaping along Aldrin Drive appears to comply with the 75% screening of the parking area required by City Code. Four Blackhill Spruce will be planted in the center. On each side of these spruces will be three Skyline Locust with five Redtwigged Dogwood (low growing shrubs). It appears on the site plan that a wall will be constructed extending east and west beyond the office building in order to screen the dock area. Three spruce trees will be planted in front of the walls on each side. Along the east and west perimeter of the site, Amur Maple trees will be planted. However, only three trees on the east and west perimeters of the site have been indicated on the landscape plan to be planted beyond the office building. They appear to be spaced approximately 80 feet apart. Additional Maple trees should be planted along the east and west sides of the property. At the rear of the site there is a 12 -foot grade that goes down to a pond to the west of the site. It has been indicated on the landscaping plan that all areas shall irrigated and sodded. Lighting — There are two designated recessed can lights above each entry of the office building. On the east and west elevations of the warehouse building, there are three 250 watt H.P.S. lights. On the rear portion of the building, there is one 250 watt H.P.S. light and two down lights above the doors. No lighting has been identified in the employee parking or loading areas. All lighting must meet Code requirements. Grading/Wetlands — The preliminary grading plan is not acceptable. The grading plan depicts the filling of portion of Pond EP -2.s, a wetland mitigation pond created with the Eagandale Corporate Center development located west of the site. The grading of the site should not encroach within the drainage and utility easement for Pond EP -3.2. The grading plan also does not accurately reflect the existing grades of the Hoovestol development on Lot 4, Block 2 to the / a Planning Report — Mats, Inc. October 28, 1997 Page 5 east and how this development will match those grades. The grading plan should be revised to accurately reflect these grades. Grading easements should be obtained for grading, if any, on adjacent Lot 4, Block 2 prior to the issuance of a building permit. Storm Draina�:�e/Water Qualir — The storm drainage plan is acceptable. Storm sewer of sufficient size, depth and capacity has been stubbed to the site as part of city Project 688 — Eagandale Corporate Center Streets & Utilities. The developer is proposing to connect an internal storm sewer system to the stub. Utilities — Sanitary sewer and water main stubs are available for connection within Aldrin Drive right-of-way. Parks and Recreation — A park and trail cash dedication will be required at the time of the issuance of the building permit. SUMMARY/CONCLUSION The applicant is proposing to construct an office and truck terminal warehouse, which will house Mats' Corporate Headquarters and be the primary Minnesota terminal location for the company. The proposed truck terminal appears compatible with other uses in this area. The site is completely surrounded by other industrial uses, which include several truck terminals, manufacturing and warehouse facilities. No signage has been identified on the site. Any signage to be added to the site must conform to Code requirements and issued a sign permit. Landscaping along Aldrin Drive and along the front of the office building appears to be adequate; however, additional trees should be added along the east and west sides of the site extending to the rear. Plant material should be installed on the stand-alone islands in the employee parking area. The site plan indicates that all City standards are met for building setbacks and parking requirements. ACTION TO BE CONSIDERED To approve or deny a Conditional Use Permit for Mats, Inc. to allow a truck terminal on Lot 3, Block 2, Eagandale Corporate Center located on the south side of Aldrin Drive subject to the conditions listed below: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval with evidence of recording submitted to the City. 2. The grading of the site shall not encroach within the drainage and utility easement for Pond EP -3.2 located west of the site. 1� Planning Report — Mats, Inc. October 28, 1997 Page 6 3. Grading easements should be obtained for grading, if any, on adjacent Lot 4 ,Block 2 prior to the issuance of a building permit. 4. The area of the Rockface C.M.U. that has been indicated to have single scoring must be scored at least twice. 5. All signage shall conform to City Code standards. City Code requires the applicant to obtain a sign permit by the City. 6. Plant material shall be installed in the two stand-alone islands in the employee parking area. 7. Additional plant material shall be installed along the east and west perimeter of the site. 8. All trash and recyclable containers shall be stored inside the principal building or shall comply with City Code standards for outside storage of trash and recyclables. 9. All lighting shall conform to City Code standards. 10 The proposed truck terminal shall be in compliance with the submitted site plan dated October 9, 1997. !3 / FINANCIAL OBLIGATION 11 -CU -26-9-97 Lot 3, Block 2, Eagandale Corporate Center There are pay-off balances of special assessments totaling $23,626 on the parcel for which the conditional use is requested. At this time, there are pending assessments in the amount of $59,690 on the parcel for which the conditional use permit is requested. These pendings are for Projects 688, Eagandale Corporate Center and Project 694, Northwood Drive and Lexington Avenue. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount None $ 0 4 Location Map �.e IIS CIICs�e I�1�lC� E7� +■I� � .fit. ■�flllhrr�� C1 BUB- logo.0 ison B00 0 am Feet R. J. Ryan Construction Aldrin Drive Conditional Use Permit N Case No. 11 -CU -26-9-97 �1■E 5 City of Eagan Community Development Department ..__..// CaIIaIsl11fr:l• mv 5 Mji- mo I=IM =: Comprehensive Plan Map Guide Paan Designation IND Limited Industrial Eagandale Corporate Center Case No. 11 -CU -26-09-97 City of Eagan Community Development Department 35 + 3 1000 0 1000 Feet AAT 9 0.6auult •uvfv3 au j 1 1= =!'frR Com , aoj fa1P1!n[i pasodoad + M i l: l :_N : a ;ala � I M � I_ 1 i 4'rle� 3f IF!3 li�A z A � 6e �Q a teL i1_ 1_it e kill •{°ls�l= �r:.r{iAfj� bt �I• � J d ., - o a - + N a Jiisl:Ei;ii'•if • �i�iJJlii�i �til_`i r it 1 iI !1a I k e -0p a k �• I. a a u u! W u a f a g �e cif► I ! ' s Z v NT Jl fuIPflua Paaod0Jd � -��" ■M3 �p9 e: � E� • Y � S i i� IL� [B�■ � �� r i Li S F [ j: � � V!II II VIII 9 yy 3 0. z --------------y I 11 1 II II II I � ��r ^u j�i.e¢' � rr a • i o c a u a F p • a r 8a� - � 6el; �r►iIL"III V9, 1.2i. It C ari 03 7u {PIFrH Paaodold �� II QIBa ij 6� e I I I�I �� II II II n °n -• I. n I I II TII I II i II �b it II �� II .. I• �- II I � n °n -• I. n I I II TII I II i II �b it II — y _ i Agenda Information November 3,1997 E G. FINAL PLAT AND CONDITIONAL USE PERMIT - (TOWN CENTRE 10017TH) ACTION TO BE CONSIDERED: • To approve/deny a Final Plat for Town Centre 100 17th Addition, in the NE 1/4 of Section 15. • To approve/deny a Conditional Use Permit to allow a bank with a drive through facility on Lot 1, Block 1, Town Centre 100 17th Addition, located on the southeast corner of O'Leary Lane and Yankee Doodle Road in the NE 1/4 of Section 15. FACTS: • Minnwest Bank is proposing to construct a new bank facility on this property currently zoned Limited Business and is proposing to incorporate a drive through facility as part of this bank development which requires a Conditional Use Permit. • Minnwest is proposing an initial phase development of a 5,000 sq. ft. bank with the option to expand the bank by another 5,000 sq. ft. The applicant has shown that Code required parking can be met on site for up to a 10,000 sq. ft. bank facility and all building and parking setback requirements can be met. • The Advisory Planning Commission recommended approval of the Conditional Use Permit subject to the conditions listed in the staff report. BACKGROUND/ATTACHMENTS: (2) APC Minutes of October 28, 1997 meeting, pages I q0through. Staff Report, pages Zthrough�. /37 SENT BY: 10-31-97 ; 14:95 ; SEVERSON SHE7..DON-+ 612 661 4612;#16/30 Page 15 Ooio* 28,1997 ADVISORY PLANNING COMMMS ION t;. CONDITIONAL LJSE PERMIT M[NNWEST BANK Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow for a drive-through facility for a new bank on Outlot A, Town Centre 100 16th Addition located at the southeast corner of Yankee Doodle Road and O'Leary Lane in the NEV4 of Section 15. Senior Planner Ridley introduced this item. W. Ridley highlighted the information presented in City staffs planning report dated October 16, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant, Greg Burger, explained that they are a small baaldng family and are anxious to be in Eagan. Steve Madison, Project Manger, questioned Condition No. 2 as to the angled patting. Mr. Ridley stated that City staff' could work with the developer on this item. Member Segal moved, Member Bakken seconded, a motion to recommend approval of a Conditional Use Permit to allow for a drive4rough facility for a new bank on Outlot A, Town Centre 100 16th Addition located at the southeast corner of Yankee Doodle Road and O'Leary Lane in the NEV4 of Section 15, subject to the following amended conditions: 1, The Conditional Use Permit shall be recorded with the find plat of Town Centre 100 Seventeenth. 2. The site plan shall be revised to relocate the five future parking spaces shown just north of the site entrance to the east side of the drive-through lane and shown as angled parking. If those stalls are constructed in the future, they should be signed `Employee Parking'. 3. 4. 5. 6. R=93% The brick and rock face block building with an asphalt shingled roof shall be of a color scheme that is compatible with the existing clinic located to the east. All signage shall be consistent with the City Sip Ordinance. The traWrecycling containers enclosure shall be attached to the building constructed to match the principal building. A cash water quality dedication of $2,875 will be required for the subject site. O l 612 432 3780 10-31-97 03.43PM P016 #44 SFNr BY: Page 16 10-31-97 ; 14:36 SEVERSON SHELDON-, 612 681 4612;#17/30 October 28, 1997 ADVISORY MANNING CQMMMION , 7. The sanitary sewer will require work within Dakota county right-of-way. S The developer will need to obtain permit approval from the county prior to the City issuing a building permit, 8. The final plan shall show a manhole for inspection and monitoring purposes of the sanitary sewer service at the right-of-way line. All voted in favor. R=94% /4� 612 432 3780 10-31-97 03:43PM P017 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 1997 CASE: 15 -CU -23-9-97 APPLICANT: Lee Ashfeld HEARING DATE: October 28,1997 PROPERTY OWNER: Eagan Heights Comm Park PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (bank with drive-through) LOCATION: Southeast corner of Yankee Doodle Road & O'Leary Lane COMPREHENSIVE PLAN: Central Area (CA) ZONING: Limited Business (LB) SUMMARY OF REQUEST Minnwest Bank is requesting approval of a Conditional Use Permit (CUP) to allow for a drive- through facility for a new bank on Outlot A, Town Centre 100 16`' Addition located at the southeast comer of Yankee Doodle Road and O'Leary Lane in the northeast %4 of Section 15. AUTHORITY FOR REVIEW 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 compatilhle 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. a 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. 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 The property in question was rezoned from Planned Development (PD) to LB and subdivided in 1995 as part of the Allina Health Systems Oak Point Clinic that is located on the corner of Yankee Doodle Road and Lexington Avenue. The Allina subdivision resulted in one lot and three outlots. EXISTING CONDITIONS The 2.1 -acre subject parcel is currently platted as Outlot A, Town Centre 100 16'bAddition. The site slopes gently to the northeast and has been previously graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Eagan Oaks Apartments; zoned PD and designated CA South - Undeveloped; zoned LB and designated CA East - Allina Clinic; zoned LB and designated CA West - Valvoline Instant Oil Change; zoned PD and designated CA EVALUATION OF REQUEST The proposed bank will operate as Minnwest Bank — Eagan and is a branch of Minnwest Bank Montivideo. Minnwest Bank has total of 15 locations mostly in west and west central Minnesota with total assets exceeding $550 million. The proposed bank is a permitted use in the LB Zoning District; however, the drive-through facility requires a CUP. Comhatibiliiv with Surrounding, Area - The use appears to be compatible with existing and anticipated uses in this specific area as well as the surrounding area. Site Plan — With one minor modification, the site plan is acceptable. The Site Plan calls for a 5,000 S.F. bank building with three drive-through lanes plus one unencumbered bypass lane. The plans also reflect a potential expansion of the bank building to add an additional 5,000 S.F. If the bank expansion occurs and the five future parking spaces shown just north of the site entrance are constructed, the conflict created by vehicles entering/exiting the site and the vehicles maneuvering in/out of those stalls will present a safety issue that can be avoided. The five future stalls should be relocated to the east side of the drive-through lane and shown as angled parking. If those stalls are constructed in the future, they should be signed `Employee Parking'. . Setbacks - All LB building and parking setbacks are met. Drive-throw7h — All three drive-through lanes appear to provide adequate stacking and the by- pass lane will allow vehicles to avoid congestion caused by the stacking. Parking — Twenty parking stalls are required for a 5,000 S.F. bank. The site plan provides 25 stalls to be constructed with the initial development and also provides for another 15 stalls that are shown as "proof of parking". If the second phase of the bank building is constructed, the parking available can be expanded to accommodate the additional 5,000 S.F. or a total of 40 stalls. Buildinc Architecture — The brick and rock face block building will have asphalt shingles and be approximately 24' tall. The developer has not provided the building color scheme but it should be compatible with the existing clinic located to the east. Signage — The site plan calls for a pylon sign to be located on the northwest corner of the site perpendicular to Yankee Doodle Road and building signage on the north and west building facade. The pylon sign is allowed without a separate Conditional Use Permit as part of the Town Centre Pylon Sign Agreement. All signage should be consistent with the City Sign Ordinance. Trash/Rec3lcling — The developer is proposing the trash/recycling containers to be stored outside within an enclosure attached to the building. The enclosure should be constructed to match the principal building. (4 Landscaping — The Landscape Plan is acceptable. The plan provides a good mixture of plant material and continues the planting theme established by the Allina clinic to the east. Gradinc/Wetlands — With minor modifications the preliminary Grading Plan is acceptable. The plan shows a 4 -foot high retaining wall along the east edge of the development site, a portion of which is located within the existing drainage and utility easement for the storm sewer outlet pipe in the northeast corner of the site. The final plan should be revised to show the retaining wall outside of the easement boundary. There are no protected wetlands on site. Storm Drainaue/Water Quality — The preliminary storm drainage plan is acceptable. The site will drain through a private storm sewer system to a water quality pond on the east edge of the site, which was constructed as part of the Allina development to accommodate and treat runoff from the subject site. The pond does not completely handle all of the water quality treatment requirements for the entire thirteen -acre Town Centre 100 16`h Addition site. A cash water quality dedication will be prorated for each of the parcels. The contribution for the subject site, Outlot A, is $2,875. Utilities — With minor modifications, the preliminary Utility Plan is acceptable. Sanitary sewer is available for connection; however, this connection will require within Dakota county right-of- way. The developer will need to obtain permit approval from the county prior to the City issuing a building permit. The final plan should also show a manhole for inspection and monitoring purposes of the sanitary sewer service at the right-of-way line. Access — A single access is provided to the site from the existing private drive currently serving the Allina site. Tree Preservation — There are no trees located on this previously graded site. Parks and Recreation — Park dedication was previously satisfied with the creation of the Town Centre 100 Planned Development. SUMMARY/CONCLUSION The proposed land use is consistent with the existing zoning and Guide Plan land use designation and should fit well with this quadrant of the central area. With minor modifications to some of the plans, the proposed bank and drive-through will meet all City development requirements. ACTION TO BE CONSIDERED To recommend approvaUdenial of a Conditional Use Permit to allow a drive-through facility as part of a bank for Lot 1. Block 1, Town Centre 100 176 Addition located at the southeast intersection of Yankee Doodle Road -and O'Leary Drive in the northeast '/< of Section 15. ( 4S Approval is subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the final plat of Town Centre 100 Seventeenth. 2. The site plan shall be revised to relocate the five future parking spaces shown just north of the site entrance to the east side of the drive-through lane and shown as angled parking. If those stalls are constructed in the future, they should be signed `Employee Parking'. 3. The brick and rock face block building with an asphalt -shingled roof shall be of a color scheme that is compatible with the existing clinic located to the east. 4. All signage shall be consistent with the City Sign Ordinance. 5. The trash/recycling containers enclosure shall be attached to the building constructed to match the principal building. 6. A cash water quality dedication of $2,875 will be required for the subject site. 7. The sanitary sewer will require work within Dakota county right-of-way. The developer will need to obtain permit approval from the county prior to the City issuing a building permit. 8. The final plan shall show a manhole for inspection and monitoring purposes of the sanitary sewer service at the right-of-way line. FINANCIAL OBLIGATION 15 -CU -23-9-97 Outlot A Town Centre 100 160i Addition There are pay-off balances of special assessments totaling $4,209 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I .022/S.F. 91,040 S.F. $ 2,003 Water Avail. Charge C/I $2,855/Ac. 2.09 Ac. 5.967 Total The collection of this financial obligation is not a condition for the issuance of the conditional use permit. It will be collected when the final plat is processed. Location Map Minnwest Bank Corner of Yankee Doodle Road & O'Leary Lane Conditional Use Permit Case No. 15 -CU -23-9-97 City of Eagan Community Dwolopmont Department am 0 Boo Feet N -E 5 61211116miTirl• 6 -,q� 0, 0 7�1@ 1 NO IM 1 V ON, T� ■ Imilmol "abb- %ourrenx tuning 3 Lim tpd Ru -nine Dwn Gentre i uu Sixteenth Additie 7: rs'mt.'SN1FVAIII/L' A MI Dwn centre 7 oa ase No. Is -PP -2 i)mnr p-hpn -la►p- P We 3e Fria r e e :.TaiiaswAv r.ikdr. y. aesianatje ,Ole V • .� �Jd�i��'isiiC i S � ? 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PYLON SIGN — SIGN TYPE SI SCALE 3/8" = 13-0" / 20-3 57 A �c'-) 8h tee Number z 0 r.� T� �1 0 z 15, Y m~ y� w? �.-5 Z 3ull Y m~ CO z WZ �:i Z3 36 C) Shat Number war^r ftp .m-- sMr'id 400'U avow MOOG MWA u! INMSVH I NQVW NVJV3 -XWO 1S Ayeaw II I erEe•.xr-rrr •.r.� rrxs•.xr rt• .•� tr•er sr•ss.n r •.rr......rs �. ups r.•••t rrr. exx ------------- 7 IMIFIT 13 rw i M N IN 13 "i „ -E- 12 N . W W N N Nw N U W w� O z W N 4Ln J �- L -� w W H N 'z �w j2 C ,g� z w U 2 U7 H llfON 1- •�_ Will BYCUZ I L '�. ris�i �• � _ I' x � E$ 3aa�1 s3`g u� '1— 00 W Z W i e d a\ •\ ,op .�' Z 9yi,J 1 co i0'sLl - � e'S IM.60.Zr,00M I W W N N Nw N U W w� O z W N 4Ln J �- L -� w W H N 'z �w j2 C ,g� z w U 2 U7 H Agenda Information Memo November 3,1997 Eagan City Council Meeting H. REZONING AND PRELIMINARY SUBDIVISION (MURPHY FARM 2ND ADDITION) — SPRINGBROOK CORPORATION ACTION TO BE CONSIDERED: > To approve or deny a Rezoning from Agricultural to R-1 Single Family on 2 acres located on the east side of Murphy Parkway, in the NW 1/4 of Section 21. > To approve or deny a Preliminary Subdivision (Murphy Farm 2nd Addition) consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NW %4 of Section 21, subject to the conditions recommended by the Advisory Planning Commission. FACTS: > The proposed rezoning to R-1 Single Family is consistent with the Comprehensive Guide Plan which designates this property for D -II Mixed Residential (0-6 units/acre). > The proposed subdivision will create 5 lots for single family development. All of the proposed lots meet code requirements for size and width and will result in a density of 2.5 units per acre. > Some significant trees exist on proposed lots 1-3. Individual tree preservation plans will be required at the time of building permit application for these lots. > Park dedication was satisfied for this property in conjunction with approval of Murphy Farm Addition earlier this year. A cash dedication for trails is recommended. BACKGROUND/ATTACHMENTS > Minutes from October 28, 1997 APC meeting, page —, > Staff report, pages hrough�Q SENT BY: 10-31-97 ; 14:36: SEVERSON SHELDON-� 612 681 4612;#18/30 Page 26 Octoba 28,1997 ADVISORY PLANNING COMMISSION REZONING & PRBLINIINARY SUBDIVISION SPRINGBROOK CORP. Commission Chair Heyl opened the next public hearing of the evening rcgarding a Rezoning of approximately 2 acres from A (Agriculture) to R- l (Single -Family and a Preliminary Subdivision (Murphy Farm 2nd Addition) consisting of five lots located on the east side of Murphy Parkway, north of Deerwood Drive in the N)F/4 of Section 21. Plainer Farnham introduced this item. Ms. Fambam highlighted the information presented in City staffs planting report dated October 21, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant was present for questions. Ms. Farnham stated that there should be additional natural screen requirements along the freeway. Member Burdorf moved, Member Carlson seconded, a motion to recommend approval of a Rezoning from A (Agriculture) to R-1 (Single -Family) of approximately 2 acres located on the east side of Murphy Parkway, north of Deerwood Drive in the NW/4 of Section 21.. All voted in favor. Member Burdorf moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Murphy Farm 2nd Addition) .consisting of five lots located on the east side of Murphy Parkway, north of Deerwood Drive in the NW% of Section 212 subject to the following conditions, including an additioual condition regarding freeway landscaping: Standard Conditia 1. The developer shalt comply with these standard conditions of plat approval as adopted by Council on February 3,1993; B1, B2, Cl, C2, C4, D1, El, F1, 01 R=94Y. I (� 10*5 612 432 3780 10-31-97 03:43PM P018 #44 57rNr BY. 10-31-97 ; 14:36 ; SEVERSON SHELDON-+ 612 681 4612;#19/30 Page 27 October 28, 1997 r • .. _- ADVISORY PLANNI NCr COMMLSsloN Special Conditions 2. Individual tree preservation plans will be required for Lots 1, 2, and 3 at the time of building permit application. No tree removal or grading shall occur on these lots prior to approval of individual tree preservation plans. 3. Tree protective measures (Le. 4 foot polyethylene laminate safety ne ling) shall be installed at the drip line or at the perimeter of the critical root zone, which em is greater, of significant ftwWwoodlands to be preserved during individual lot development. 4_ 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 individual Tree Preservation Plans. 5. The developer shall obtain a MnDOT permit for any grading within the I -35E right -or way adjacent to this development prior to final subdivision approval. 6. The developer shall plat the property. 7. The developer shall provide landscaping consisting of a mix of deciduous and evergreen trees and shrubs in the fi=way setback area. All voted in favor. R=94% 12 432 780 10-31-97 03:43PM P019 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: Oct. 21, 1997 CASE: #21 -PP -19-9-97 APPLICANT: Springbrook Corp. HEARING DATE: October 28, 1997 PROPERTY OWNER: Howard Kyllo PREPARED BY: Julie Farnham (Springbrook Corp.) REQUEST: Rezoning and Preliminary Subdivision LOCATION: East side of Murphy Parkway, north of Deerwood Dr. COMPREHENSIVE PLAN: D-11 Mixed Residential (0-6 units per acre) ZONING: A - Agriculture SUMMARY OF RE UEST Springbrook Corporation is requesting a Rezoning of approximately 2 acres from A (Agriculture) to R-1 (Single Family) and a Preliminary Subdivision (Murphy Farm 2nd Addition) consisting of five lots located on the east side of Murphy Parkway, north of Deerwood Drive in the NW 1/4 of Section 21. 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 the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. (cis Planning Report — Murphy Farm 2nd Addition October 28, 1997 Pa -,e 2 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). 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 This property was originally part of the Murphy farmstead. It was split off from the rest of the farm when Murphy Parkway was constructed. The eastern portion of this site was also acquired by MnDOT for I -35E right-of-way. The State recently turned the right-of-way back to the City who, in turn, gave it back to Leo Murphy. Springbrook Corp. recently purchased the property from Mr. Murphy. The applicant must obtain assurance from MnDOT that they no longer need the property for right-of-way purposes. EXISTING CONDITIONS The site is somewhat mounded and is higher than Murphy Parkway and I -35E. There is a grove of significant woodlands on the site. The rear lot lines of the proposed subdivision abut the I -35E right-of-way. Planning Report — Murphy Farm 2" Addition October 28, 1997 Pa -e 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide . plan designations surround the subject property: North - Single family (Murphy Fane) and large lot residential; zoned R-1 and A, guided D -I and D -H South - I -35E and Bieter property; zoned A; guided D -H East - I -35E and townhomes; zoned R-3, guided D-11 West - Single family (Murphy Farm); zoned R-1, guided D -H EVALUATION OF RE UEST Rezoning The proposed rezoning from Agriculture to R-1 Single Family is consistent with the Comprehensive Guide Plan which designates the property for D-11 Mixed Residential (00-6 units/acre). The proposed R-1 zoning will allow development of single family residential units. Preliminary Subdivision Lots - The proposed subdivision consists of 5 lots for single family development. All lots meet code requirements for area and width. The minimum lot size allowed in R-1 is 12,000 s.f. Proposed lots range in size from 15,920 to 21,131 s.f. Densi - The density resulting from 5 lots on 2 acres is about 2.5 units per acre. This is within the allowed density limits for R-1 zoning which allows a maximum of 3.6 units per acre. Corr ,atibili[y with Surrounding Area - The proposed development will be compatible with existing and new development in the surrounding area. Setbacks - All of the proposed lots are of sufficient size and shape to be developed without setback variances. Grading Wetlands - The preliminary grading plan is acceptable. The site generally slopes toward the north and is open except for a woodland area in the middle of the property. The site ranges from 4-26 feet below Deerwood Drive which is located along its south border. There are no jurisdictional wetlands on this site. The preliminary grading plan shows grading on MnDOT right-of-way to raise the elevation of the existing berm along I -35E. Any grading within I-35 right-of-way will require permit approval from MnDOT. Storm Drainage/Water (2uality - Existing storm sewer within Murphy Parkway, built with the �(o7 Planning Report — Murphy Farm 2°d Addition October 28, 1997 Pa,Ye 4 Blackhawk Ponds Addition, will accommodate storm runoff from this development. This storm sewer flows north to Pond BP -29, a stormwater basin which drains to Blackhawk Lake. Runoff from this development will eventually reach Blackhawk Lake after traveling through two treatment basins. The development area is too small to accommodate an on-site treatment basin so a cash water quality dedication is recommended by the APrC. Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available at the north edge of the site within Murphy Parkway for connection and extension to serve the development. The developer is proposing to extend the sanitary sewer along the south and east boulevard within the existing right-of-way and easement of Murphy Parkway. Water main is available for service connection along the north edge of the development. This water main was constructed under the recent City public improvement — Project No. 722 — Murphy Parkway Water Main Improvements. Access - Public street access for all lots is available directly onto Murphy Parkway. Easements/Ri ,:!hts of Wav/Permits - As mentioned above, the developer should obtain a MnDOT permit for any grading within the I -35E right-of-way adjacent to this development. The developer will be responsible for acquiring all regulatory agency permits required by the affected agency prior to final subdivision approval. Tree Preservation - Lots 1, 2, and 3 of the proposed five lots have significant vegetation on them. To date, neither a tree preservation plan or a tree inventory have been submitted for these lots. According to the City's Tree Preservation Ordinance, an individual lot tree preservation plan will be required at the time of building permit application for these three lots. Parks and Recreation - Park dedication was satisfied in conjunction with approval of Murphy Farm Addition. At that time, 3.55 acres of land was dedicated to the City for incorporation into Blackhawk Park. The APrC is recommending cash trails dedication for the 2 acre subdivision. SUMMARY/CONCLUSION The proposed rezoning to R-1 Single Family is consistent with the Comprehensive Guide Plan which designated this property for D -H Mixed Residential (0-6 units/cre). The proposed Preliminary Subdivision (Murphy Farm 2°d Addition) will create 5 lots for single family development. All of the proposed lots meet code requirements for size and widtY and will result in a density of 2.5 units per acre. Planning Report — Murphy Farm 2nd Addition October 28, 1997 Pay=e 5 ACTION TO BE CONSIDERED A. To recommend approval or denial of a Rezoning from Agriculture to R-1 Single Family on 2 acres located on the east side of Murphy Parkway, in the NW '/4 of Section 21. B. To recommend approval or denial of a Preliminary Subdivision (Murphy Farm 2nd Addition), consisting of 5 lots on approximately 2 acres located on the east side of Murphy Parkway, in the NW '/4 of Section 21, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, Cl, C2, C4, D1, E1, Fl, Gl Special Conditions 2. Individual tree preservation plans will be required for Lots 1, 2, and 3 at the time of building permit application. No tree removal or grading shall occur on these lots prior to approval of individual tree preservation plans. 3. 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, which ever is greater, of significant trees/woodlands to be preserved during individual lot development. 4. 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 individual Tree Preservation Plans. 5. The developer shall obtain a MnDOT permit for any grading within the I -35E right-of-way adjacent to this development prior to final subdivision approval. 6. The developer shall plat the property. 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 All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: _ August 25, 1987 _ LTS#5 sTANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FINANCIAL OBLIGATION Murphy Farm 2nd There are pay-off balances of special assessments totaling $3,674 on the parcel for which the conditional use is requested. At this time, there are pending assessments in the amount of $12,500 on the parcel for platting. This pending is for Project 722. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. $1,730 Ac. .494 Ac. $ 855 Storm Sewer Trunk S.F. .079/S.F. 21,519 S.F. 1.700 Total g 5 •AVVIWO14[C@mill ra16 mpringurouK toorp East Side of Murphy Parkway Rezoning R. PrQliminary Suhrlivicie D. 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NO 11100V OHL � () min rl?JVJ AHdann Agenda Information Memo November 3, 1997, Eagan City Council I. PRELIMINARY SUBDIVISION (TOWN CENTRE 70 TWENTIETH ADDITION) AND CONDITIONAL USE PERMIT — KENNEDY TRANSMISSION ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision (Town Centre 70 Twentieth Addition) consisting of two lots on 7.63 acres currently platted as Outlot A, Town Center 70 Nineteenth Addition, subject to the conditions listed in the Planning Commission minutes. > To approve or deny a Conditional Use Permit to allow construction of an auto service facility on proposed Lot 1, Block 1, Town Centre 70 Twentieth Addition, subject to the conditions listed in the Planning Commission minutes. > To approve or deny a footing and foundation permit to allow construction of the auto service facility to begin prior to final subdivision approval and filing of the plat. FACTS: > The proposed subdivision would create one lot of .72 acres and one outlot of 6.9 acres. A six -bay, 4,844 square foot auto service facility is proposed to be constructed on Lot 1. > In 1996 the City approved a conditional use permit for a self-service car wash which has been constructed on the parcel north of this site. > The Advisory Planning Commission held a public hearing on October 28, 1997. The APC recommended approval of the Preliminary Subdivision and approval of the Conditional Use Permit. ISSUES: > The issues that were identified with previous development proposals for this infill area included concerns about piece -meal development and the compatibility of additional auto - related uses. Consistency among the commercial buildings in such things as building design and landscaping, safe and logical traffic circulation and discreet signage and lighting were identified as key elements to unify the commercial development and achieve compatibility with adjacent residential uses. > The applicant is requesting approval of a footing and foundation permit to allow construction to begin prior to final subdivision approval and filing of the plat. The reasons for this request are outlined in the applicant's letter. ATTACHMENTS: October 28, 1997 APC Minutes, pages through Staff Report, pagesLA throug$ bof SENT BY. 10-31-97 ; 14:38 ; SEVERSON SHELDON-# 612 681 4612;#25!30 R=93% Page 33 October 28, 1997 ADVISORY PI NN1NG COMIMION E"'-►• is i..J,�' , i ' 3 PRELIA'IINARY MDIVISTON & CONDMONAL USE PERMIT KENNEDY TRANSMISSION Commission Chair Heyl opened the next public nearing of the evening regarding a Preliminary Subdivision (Toon Centre 70 Twentieth Addition) to create one lot (Lot 1, Block 1) and one outlot consisting of 7.63 acres currently platted as Outlot A, Town Centre 70 Nineteenth Addition and a Conditional Use Permit to construct an auto service facility on proposed Lot 1, Block 1, in a Community Shopping Center zoning district on the west side of Denmark Avenue north of Duckwood Drive in the NWy4 of Section 15. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City stalls planning report dated October 24, 1997. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant, Tim Draft is the owner of the Eagan franchise. Nir. Kraft stated that they are currently in Eagan Auto Mall on Pilot Knob Road and need room to expand. ARRA will take over their space in the Auto Mall and he wants to build a larger facility, Jeff Amerman, the architect, was also present; Ivlr. Amerman questioned the need for a gabled roof, and indicated, it would add to the cost of the building, and he felt the brick materials and smaller scale of the building can create the appropriate transition without the gabled roof. Mr. Amerman also stated that if there are rooftop units, they will be screened. Commission Chair Heyl stated Ler concern for the visual appeal factor, that the building blend in with the car wash. She questioned the appropriateness of auto uses so close to residential. Bruce Miller, representing the owner of Eagan Tower Partnership, explained that his property has been difficult to find a buyer for. The property does not have great visibility and exposure, so development needs to be a service or destination business, not rctail that depends on exposure, Member Frank indicated he thought the gabled roof would not look appropriate on this type of facility, adding that the short end of the building hm Denmark Avenue. He asked staff why that condition was included. Staff responded that it was primarily for continuity among buildings because similarity in architecture in future development of this land was called for in the previous approval of the car wash The Commission agreed they would be comfortable removing the condition requiring a gabled roof. 61 432 3780 10-31-97 03:43PM P025 #44 SENT BY: 10-31-97 ; 14:39 ; SEVERSON SHELDON 612 661 4612;#26/90 R=93% Page 34 Dctaba 28,1997 ADVISORY PLA109W COMMISSION Member Burdorf commentod that he did not think the auto -related uses were a problem in this location and that the City opened the door for that kind of development here with the approval of the car wash. Member Carlson stated she felt that the existing businesses in Eagan that are successful and need to expand should be able to do so in Eagan and the City should be interested in keeping successful businesses in the City. Ultimately, it is the market demand that determines what types of businesses want to develop on these kinds of in -fill and leftover parcels_ Member Carlson moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision Crown Centre 70 Twentieth Addition) to create one lot (Lot 1, Block 1) and one outlot consisting of 7.63 acres currently platted as Outlot A, Town Centre 70 Nineteenth Addition on the west side of Denmark Avenue north of Duckwood Drive in the NW's. of Section 15, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B2, C1, C2, C4, Di and. E1, G1. 2. The property shall be platted Easements 3. Cross -easements for the internal service drives as shown on the master plan for Outlot A must be reviewed by City staff prior to filing of the plat. Parks and Recreation 4. Parks and trails dedication shall be fulfilled through a cash dedication. 5. The master plan for future development on proposed Outlot A, including internal service drives, dated 9/19/95 and last revised 7/29/96, shall be used to guide development on Oudot A. AU voted in favor, except Commission Chair Heyl opposed. 6'1 2 2 3780 10-31-97 03:43PM P026 #44 SENT BY: R=93% 10-31-97 ; 14:39 SEVERSON SHEL..DON-► 612 681 4612;#27/30 NF 35 October 28, 1997 ADVISORY PLANMNG CO&WSSION :: f;.a.,• Member Segal moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to construct an auto service facility on proposed Lot 1, Block 1, in a Community Shopping Center zoning district on the west side of Denmark Avenue north of Duck -wood Drive in the NW'/4 of Section 15, subject to the following conditions, including an added Condition No. 9 regarding operations: 1. This permit shall be recorded at the Dakota County Recorder's office with the inial plat. Building Architecture 2. Any rooftop mechanical equipment must be screened from view. 3. The brick exterior should be a beige or tan color scheme similar to that of the car wash building. h. All signage shall comply with the City of Eagan Sign Ordinance. A separate sign permit is required prior to installation of each sign. Trash/Recyclables Storalre 5. All trash and recyclable materials shall be stored inside the principal building. Landscaping G. The landscape plan should he revised to include other plants that will provide a green element during the winter. 7. Automatic irrigation of all landscaped and green areas is required. L' tin S. To minitnivisibility of the source of light from off the site, the proposed angled light fixture at the west side of the lot shall be replaced with one that is aimed directly downward. 61.2 4 2 3780 10-31-97 03:43PM P027 #44 SENT BY: 10-31-97 ; 14:40 ; SEVERSON SHELDON-4 612 681 4612;#2$/30 R=93% Page 36 October 29, 1997 ADVLsoR,Y PLANNNM CO1 &USSION erations 9. All auto repair and maintenance shall be done inside the building. All voted in favor, except Commission Chair Heyl opposed / e-5 ` 512 432 3780 10-31-97 03:43PM P028 #44 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 24, 1997 APPLICANT: Kennedy Transmission PROPERTY OWNER: Eagan Tower Office Building Partnership CASE: 15 -PP -22-9-97 HEARING DATE: October 28, 1997 PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision and Conditional Use Permit LOCATION: Outlot A, Town Centre 70 Nineteenth Addition COMPREHENSIVE PLAN: CA - Central Area ZONING: CSC — Community Shopping Center SUMMARY OF REQUEST Kennedy Transmission is requesting approval of a Preliminary Subdivision (Town Centre 70 Twentieth Addition) to create one lot (lot 1, Block 1) and one outlot consisting of 7.63 acres currently platted as Outlot A, Town Centre 70 Twentieth Addition, and a Conditional Use Permit to construct an auto service facility on proposed Lot 1, Block 1, in a Community Shopping Center zoning district on the west side of Denmark Avenue north of Duckwood Drive in the NW '/4 of Section 15. 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 Coae 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. Planning Report — Kennedy Transmission October 28, 1997 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed 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). 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 a-jailable to the public." Conditional Use Permit: City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. �� 7 Planning Report — Kennedy Transmission October 28, 1997 Page 3 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. 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 A movie theater and associated parking lot was previously proposed for this site as part of an overall concept for. Town Centre. However, the movie theater was built further north near Yankee Doodle Road and this property remained undeveloped. Early in 1996 the City approved a request to construct a Class II restaurant (Dairy Queen) at the south end of this parcel, but instead the Dairy Queen located on a lot in Eagan Promenade. In the summer of 1996, the City Planning Report — Kennedy Transmission October 28, 1997 Page 4 approved development of a self -serve car wash that has been constructed at the north end of this property. EXISTING CONDITIONS The site is open and generally slopes from east to west, with the southern portion of the site occupied by a detention pond (JP -66). There is no significant vegetation. A service road that provides service and delivery access to Wal-Mart, Kohl's and Eagan Town Centre, runs along the west edge of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Town Centre Car Wash; Zoned CSC Community Shopping Center; Guided CA Central Area South - Townhomes; Zoned PD Planned Development; Guided CA Central Area East - Forest Ridge Apartments; Zoned R-4 Multiple Residential, Guided CA Central Area West - Kohl's/Wal-Mart/Eagan Town Centre; Zoned CSC Community Shopping Center; Guided CA Central Area EVALUATION OF REQUEST A. Preliminary Subdivision (Town Center 70 Twentieth Addition) Lots — The proposed Preliminary Subdivision consists of one lot (Lot 1, Block 1 - .72 acres) and one outlot (Outlot A — 6.9 acres). Outlot A consists of property for future development and includes a 68,913 square foot pond easement. Only Lot 1, Block 1, is currently being considered for development. A master development plan was submitted with the previous development application for the car wash to guide future development of this property. The site layout and lot configuration appears consistent with that master plan (dated 9/18/95 and last revised 7/29/96), and that master plan should be used to guide future development on proposed Outlot A. Setbacks — In the CSC zoning district, minimum building setbacks of ten feet from side and rear lot lines, and 50 feet adjacent or across the street from residential development are required. All of these required building setbacks are satisfied. A continuation of the internal service drive to provide access within Outlot A is setback 20 feet from the east property line adjacent to Denmark Avenue. Grading /Wetlands — The preliminary grading plan is acceptable. The site generally slopes from east to west and is open. The preliminary grading plan shows a maximum cut of seven feet with no significant fill areas. The proposed building elevation will be approximately five feet in Planning Report — Kennedy Transmission October 28, 1997 Page 5 elevation below the existing car wash building to the north. No filling or draining of the wetland associated with Pond JP -66 is allowed. There are no jurisdictional wetlands on the proposed development site. Storm Draina+e/Water Qualiv. — The preliminary storm drainage plan is acceptable. Storm sewer was constructed with previous development along the west edge of the site and is available for connection. The developer is proposing to connect the internal storm sewer on Lot 1 to this existing storm sewer. This storm sewer drains to Pond JP -66, a Class 6 Sediment Basin in the northwest corner of Denmark Avenue and Duckwood Drive. Pond JP -66 discharges through an existing storm sewer to Fish Lake (Pond JP -1). Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main is readily available for connection along the west edge of the development. Access/Street Design — Access to the site is proposed from the two service drive stubs to the north provided with the Town Centre 70 Nineteenth Addition development. This development will also extend these service drives to the south edge of Lot 1 for future development of Outlot A to provide internal circulation between businesses along Denmark Avenue, thereby minimizing access locations onto Denmark Avenue. The west service drive also connects to the existing service drive to Wal-Mart and Kohl's which is covered by an existing ingress -egress easement that allows this development access. Easements/Rip-hts of Wav/ Permits — Cross -easements for the internal service drives as shown on the master plan for the remainder of the undeveloped property should be reviewed by City staff prior to filing of the plat. Tree Preservation — There are no significant trees on the property. Parks and Recreation — The APrC is recommending a cash parks and trails dedication. B. Conditional Use Permit Kennedy Transmission has been located in the Eagan Auto Mall at the northeast corner of Pilot Knob Road and Duckwood Drive since 1988. The applicant has been looking for a suitable relocation site in order to accommodate the growth in business and because of the limited expansion space within the auto mall. The current facility has three service bays, whereas the proposed free-standing facility on Denmark Avenue would have six service bays. Compatibilit-v with Surrounding Area — The proposed use within the CSC zoning district is allowed as a conditional use. Because of the proximity of this site to existing residential development, concerns are still present regarding the piece -meal development of this infill property and the compatibility of additional auto -related uses. The developer was made aware of these concerns and has provided a narrative (see attached) explaining his site selection process. 70 Planning Report — Kennedy Transmission October 28, 1997 Page 6 During the City's review of the car wash development plans, in order to achieve compatibility with the existing development consistency in building design and landscaping, safe and logical traffic circulation and discreet signage and lighting were noted as critical to making development in this area compatible with adjacent residential uses. These various elements of the proposal are evaluated in this report for such consistency as well as for compliance with zoning code requirements. Building Desitin — The 4,844 square foot building has six service bays. On the east end at the front of the building are the office, customer waiting area, restrooms, and employee break room, showers and locker room. Exterior architectural materials consist of a light color face brick with darker brick accents, however, the specific color was not identified. The roof line is flat and the walls are 18 feet tall with a parapet extending an additional two feet on the west and east ends giving the appearance of a 20 foot high building. No rooftop mechanical equipment was shown on the building elevations, but any such equipment should be screened from view from the public right of way. The surrounding buildings contain a variety of colors and materials from white block and turquoise trim (Town Center) to gray painted block with navy, red and white trim (Wal-Mart) and tan rock -faced block (Kohl's), making it difficult to coordinate a color scheme. The recently constructed car wash was built of beige brick, and has a gabled roof with asphalt shingles. During review of the car wash development, it was noted that future development south of the car wash should incorporate a coordinated color scheme and architecture to provide visual continuity in this infill area along Denmark Avenue. Therefore, the brick should be a beige or tan color scheme similar to that of the car wash building, and the building should have a gabled roof with asphalt shingles also similar to the existing car wash to the north. Signage — Wall signage is shown on the east building elevation only. The applicant proposes to relocate the sign from the existing facility in the auto mall to this new building. A monument sign is shown on the east side of the property. The base of the monument sign is brick to match the building, with a 4 -foot high by 8 -foot wide sign panel. The proposed signage appears to be consistent with the requirements of the City Sign Ordinance. A separate sign permit is required prior to installation of each sign. Trash Enclosure — No trash/recyclable materials enclosure is shown on the plans. All trash and recyclable materials storage will be inside the principal building. Parking/Circulation — The site layout attempts to maximize the number of parking stalls. A total of 28 parking stalls (two of them handicapped accessible) are provided. This number exceeds what would be required for an auto service station, but falls four short of what would be required for a retail use should the use of this building change in the future. The building is set at the minimum 20 -foot setback from the north property line, and most of the parking is along the south side of the property at the minimum five-foot setback. Additional parking is provided at the west and east ends of the building. The parking stalls at the east end of the building are nearest to the /9� Planning Report — Kennedy Transmission October 28, 1997 Page 7 customer entrance. Access to these parking stalls is directly off the shared access drive on the east side of the property. However, because the access drive is a private drive that serves the existing car wash, the proposed Kennedy Transmission, and future developments on Outlot A, the traffic along this drive is not anticipated to interfere with access to those parking stalls. Landscaoinr — With minor modifications, the landscape plan is acceptable. The landscape ordinance requires screening of parking lots from the public right of way, and irrigation of all landscaped and green areas. The grade change between Denmark Avenue and the east service drive provides screening from the public right of way. The proposed landscape materials are consistent with those used for the car wash. Two overstory trees are proposed along Denmark Avenue, and ornamental trees along the south and west edges of the parking lot. Foundation plantings for the building consist of shrubs (potentilla) on the east side of the building. Additional shrubs (spirea) are shown on the west end of the parking lot. Low -growing evergreens are proposed around the base of the monument sign and at the northeast and northwest corners of the building. Additional landscaping could be provided at the west end of the building by shifting the sidewalk away from the building to provide a landscape bed. Also, staff notes that the choice of landscape materials is primarily deciduous trees and shrubs, and the evergreen shrubs that are shown are a low -growing (6-8 inch height) variety. The landscape plan should be revised to include other plants that will provide a green element during the winter. Lighting — Site lighting is proposed to come mainly from wall paks on the building. A 10 foot light pole with a globe fixture is located on the east side of the building near the entrance, and a 20 foot light pole with a metal halide shoebox fixture is located on the west end of the site. The proposed shoebox fixture is tilted at an angle and could produce glare toward the apartments across Denmark Avenue. To minimize visibility of the source of light from off the site, the proposed angled light fixture should be replaced with one that is aimed directly downward. SUMMARY/CONCLUSION The applicant is requesting a Preliminary Subdivision (Town Centre 70 Twentieth Addition) consisting of one lot and one outlot, and a Conditional Use Permit to construct a six -bay auto service facility on proposed Lot 1 in a CSC (Community Shopping Center) zoning district. The concerns that were raised during reviews of previous development proposals for this area regarding piece -meal development and compatibility with existing residential developments still remain. The issues identified in this report relate primarily to consistency among the commercial buildings and compatibility with surrounding existing uses, particularly the residential uses to the east. The car wash was the initial commercial building constructed on this infill site, and it set the stage as a model for additional development to the south. For this reason, the proposed Kennedy Transmission should be compatible in its site design, landscaping, architecture, building materials, color, and signage. Planning Report — Kennedy Transmission October 28, 1997 Page 8 ACTION TO BE CONSIDERED A. To recommend approval or denial of a Preliminary Subdivision (Town Centre 70 Twentieth Addition) consisting of one lot (Lot 1, Block 1 -.72 acres) and one outlot (Outlot A — 6.9 acres) on 7.63 acres on the west side of Denmark Avenue, north of Duckwood Drive, in the NW '/4 of Section 15. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, C1, C2, C4, D1 and E1, G1. 2. The property shall be platted. Easements 3. Cross -easements for the internal service drives as shown on the master plan for Outlot A must be reviewed by City staff prior to filing of the plat. Parks and Recreation 4. Parks and trails dedication shall be fulfilled through a cash dedication. 5. The master plan for future development on proposed Outlot A, including internal service drives, dated 9/18/95 and last revised 7/29/96, shall be used to guide development on Outlot A. B. To recommend approval or denial of a Conditional Use Permit to allow construction of a six -bay auto service facility (Kennedy Transmission) on proposed Lot 1, Blockl, Town Centre 70 Twentieth Addition. If approved, the following conditions should apply: 1. This permit shall be recorded at the Dakota County Recorder's office with the final plat. Building Architecture 2. Any rooftop mechanical equipment must be screened from view. 3. The brick exterior should be a beige or tan color scheme similar to that of the car wash building, and the building should have a gabled roof with asphalt shingles also similar to the existing car wash to the north. Planning Report — Kennedy Transmission October 28, 1997 Page 9 Signage 4. All signage shall comply with the City of Eagan Sign Ordinance. A separate sign permit is required prior to installation of each sign. Trash/Recti clables Storace 5.. All trash and recyclable materials shall be stored inside the principal building. Landscaping 6. The landscape plan should be revised to include other plants that will provide a green element during the winter. 7. Automatic irrigation of all landscaped and green areas is required. Lighting To minimize visibility of the source of light from off the site, the proposed angled light fixture at the west side of the lot shall be replaced with one that is aimed directly downward. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligation 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-Wav 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. � �s 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 Approved: August 25, 1987 LTS#5 STANDARD.CON City Council September 15}_1987 Revised: July 10, 1990 Revised:_ Februa[y 2, 1993 l9� FINANCIAL OBLIGATION Town Centre 70th 20th Addition There are pay-off balances of special assessments totaling $1,280 on the parcel for which the conditional use is requested. At this time, there are pending assessments in the amount of $31,000 for Project 711 on the parcel proposed for platting. The pending assessment will be allocated to the lots created by the plat. The estimated financial obligation presented is subject to change based upon 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 the availability of the City's utility. Improvement Use Water Availability Charge C/I Total Rate Quantity Amount $2,855/Ac. .725 Ac. $2,070 2 70 l;+r10400III*ISO 1lfr:'Is MIST WUP Of LiannlarK Avenuip �,reiiminary Use Pe / i V Subdivision 4m Goncinional Case No. 15 -PP -22-9-97 ftaCp Nn_ 9 S.CI1.9d.Q.47 FAR i awn Centre 7V -i-wentie ase N e_ 5.C11.2�.DA.97 91211iiesl'1r:'le = FAI-0-01 ME_ M�ll TE III 21 u en -L dLvning ifs Shy nninn Cpnfom •1•INif[. 0 ne Plan Designatia CA Cp-ntra! Aron awn Centre 70 Twentieth Additia ase No. 119-PP.22.09.97 0 r� man � illaii1 _ mrd 9 M 'I ,I G..yr• L.y.•r1� Z� I 4rrr• ( .+fvw� L.r.r pj I' �� Il�ijl � j � ' ► '"' ,I il- I� II I 11i1 j!jil� I� I li'I'i lli i I � II; �I11 II iII�II I��i��3 !I ilil;jl� G(ilwtA �� iilliill 11�� I Jill OU LOT 11A 1 ,•.IIi 1I�II I II.1� J �;11 Jill I is ' I Y I. oweo iep .ttnY•ns ttt. .tt py knn an.y. a11p .p....t e*tp —<�� O.tttw MrMtO PM[ laYt —t1�. 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TIT/ ev++lt 70 .itiifmr. 11m1rJo.. rele9 o tM r OW Pl•t tyrpf. aaou co.ner, Ju•y..t.. i Denuinlov xlx,Is* Nwn !w[ / ].{3700 prtt fOP11t: CSC - Ctat•rr," swpp—q Cwt.r W.I131•L 5170— .t,la,nv. scone ]0 tat S,a•r•ra ID Tae 4 rron tn9 i 1 x0 fat } _1111 1111. 1111 Pur 3 tat Iax1P sev11lpn 4yn ra rraf Oce tm l6, nq ,aa. •.•tt 11alq p,lyi•, ip. r•n tta•r•1 ,.•na C.y^Y 1701 ,ttwy y •tpp s*.• • Otf•e. 11 ..A,. 335 1170 ... Nlnptpl N, Y lSIDx +,ntla ..... lttyall 0•rY ItYrl.ltp Gt•n. n. 11511: Ttl•. UJ -7377 rtne•et: LeiDJ-j,D3 n,)1•r 1�) Y• Ox•P•nt I—r• 1*1751 •p 7.7117] 1– .•1.. ,r•AIaY tPe • t*[tN Y J rti •1 1•ne 15 fptt.la•. 11,nq nt 41 I I e11 _ I 70113 iI ••_ a a.s uw[.s •w ii }AWuritW w Y7„i 0_t 1..Jtea 1 31. Si{ Nett. / 0.1711. par Y 11- A 700. UI y,[e. / ..110735 w � « (e Ttttl 777.170 w.fa. / 7.ti7y pct. ,.t. a.tytt as {I tU "-ft- / 4.St1144 ter. 0 L _ P11TLlln11.117 YL tT of PRELIMINARY PLAT f:\SOSKPROJ\1976\PLOT\1976aO1 Wed Oct 01 10:12:57 1997 e i• 1 � A a� D ." N ;� i f ;M N I ; ;ij 3 x1N lm a Z �1 e i• r n.• rr ..e• / m z z m zz o \ r z- I I / � N m r 4 D 1� ------------------------i M1P1/ - - - - - - - - - - - - - - •"• DENMARK G VE!dUE -------;I;p----------------------------------- SITE PLAN -I 1 � A w I'll! l r n.• rr ..e• / m z z m zz o \ r z- I I / � N m r 4 D 1� ------------------------i M1P1/ - - - - - - - - - - - - - - •"• DENMARK G VE!dUE -------;I;p----------------------------------- SITE PLAN -I q., dGHNNEC'Y TC.�.-�\Si'�Ivsl�� I'll! l T ILO RACON E m f:\SOSKPROJ11976\PLOT\i976g01 wed Oct 01 10:49:12 1997 r v M p4 m --E =f \ i 1 / / lu a I��II� sill //1 �'.� /,1' 1 1� 1 :^IfTN�• ((- T !7 \ I u 1 II ii �1I � I T / D E gill INC DENMARKA,sNU= PRELIM. GRADING/ UTILITY PLAN RU" aneV1 1; K=N'�_✓7TR.:,Iti II5SIG11 L f:\S0SKPROJ\1976\PLOT\1976]01 Wed Oct 01 ]0:09:57 1997 � •j+i+�a Fj• ,.Iii !! g r I �Im pp'i F 9 � A Y Z— iI� n x gfe -I 'I Y 3 I�€xtn£t��°-�t�£ i p • �I �.1 j / � I=.�G��Mi ^r�^� -- -- — _ � U •III s�9O 11€ t �.� Il I �------------ all, L .�+I t a I F € F q IX C r° / o / Elloo/ a OO�1 I DEN rAR< AVENUE LANDSCAPE 1 1 yq�!R KENNEDY TR4N5i155;CN jet 5 .> ii4 f:\SDSKPROJ11976\PLOT\1976a05 Wed Oct 01 10: 37:56 1997 II 1 11 I 11 ' II 1 11 ' IP 1 11 I 11 � II , II , II , " I 11 , II , II , II 11 ; II II !l II II , II , II , II , 1 II I II , II , II , II , II 11 ; II , II , 11 , II , II , II " II , II , II , �i) sap 0 � ! om Will II 11 N 1� g I 1 11 II II II 11 a � I m II D " 11 I1 Zv II II 1, 11 11 11 1 II 11 II II 11 It 11 11 II II 11 11 II I 11 11 II 1 II II II II 11 11 11 11 II II 11 11 11 11 11 11 I! I ��i •f2 •`, 9e �gy t 4 I 71 Y i� ELEVATIONS ;a <=\N=Z)Y 9 TR—'N'5—,15c- ��n�Ip1 •ii I ! ! r I I f:\SDSKPROJ\1976\PLOT\i976aO3 wed Oct 01 10:26:17 1997 KENNEDY TRANSt"115510\ J f w,t,u «ti�or.awT ,.71 K _ •- rutul7 «vl7aw•7T V I I I I I rutval «�I7a.c.T ,.7.K Illlff f IUTUty «Kl0►•[•7T 73. K 1GD IAIIW MI ' n O I I r�'Tutl «n�o.l.a.71 I \ ,30 K \ 111if11 III II I!;III!;III:!Ilil rUTUa7 CKVIIO•.CWT 7.00 K I \� Iss,Wc Dain Or.WI WID Mo. 570. t.a7 K •pt •. ( IWsTWC 50-1 70 •00� IWSTWC I.TK—Cl KKE Eonumby Kraok Lrkkmm A rCL/l![Ta. lot. .m r......,...... au�7fv.7a I.a r.7 -r7.• PROPOSED 204 R..7 COMMERCIAL DEVELOPMENT LACAN. MN �1 � DQE ALOPED BY FEDERAL LAID COWANY ttt� �rtw tti w �. a�.trtr. � fir. wiwwrtr rtr rwr ��.. \rlrt♦.• A" comulmcbemL 1 .rrw 02COA04S'DO ptaa.. I•!YN Wto l7 �aa7i_ L� MASTER PLAN ENNIEDY TRANSMISSION OF EAGAN, INC. „ s _ � r• �- October 8, 1997 OCT 9 i991 Mayor Egan City Council Members Planning Commission Members City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Mayor, Commission and Council Members As you address the conditional use permit for Kennedy Transmission of Eagan, I thought my experiences over the last two years in the site planning for my building would be of interest to you. My failure to find another auto repair or parts business to share a three plus acre site on Krestwood Drive should greatly reduce concerns of a great influx of potential auto related business seeking C.U.P.'s in the foreseeable future. Over a two-year period, I contacted over twenty national and regional home offices of household name auto business to gamer even preliminary interest in the location. Because all but three had existing locations too close to Eagan's Town Centre area, they believed they were already servicing the Eagan area. Two of the remaining three were already working with the city in their expansion, and the third was looking for a larger parts warehouse location only. I'm aware of a preference by Eagan's city officials that auto related businesses not be spread over a large commercial area. The Eagan Auto Mall would then be a preferential location. I began Kennedy Transmission of Eagan in January 1988 after buying out and converting Trusty Transmission (an unsuccessful local business venture), to Kennedy. As the Eagan community has grown, the limited space available in the Auto Mall has not been sufficient to accommodate our growth, In my talks with the other business owners in the mall, I'm not aware of any other desires to relocate outside of the mall. It's my understanding ABRA will expand into Kennedy's vacated area, which will satisfy their need for expansion. Because Kennedy's current lease expiration on May of 1998 is not extendable due to the Landlord's expansion commitment to ABRA, it is extremely important that I ask for a footing and foundation permit to begin construction before the frost sets in during November. As Goodyear, Tires Plus and Big Wheel have been allowed, Kennedy Transmission's independent facility with a normal six bay configuration rather than the limiting three bay facility we currently occupy, will also prove to be a well utilized and needed business expansion for Eagan's residents. Sincerely, U Tim Kraft President, Kennedy Transmission of Eagan, Inc. il•.ir. 7trnV• ��, /►. o. ar uw.+ L•w• FINANCIAL OBLIGATION + LEGEND Water AvelabARy Charge - Bio rrtr ,r. t....rt !.W rr �1; —..— tan•t•r ...n..a fw•r itw III I� � i i —••— ..•rw rrn.•.r pr•r iW pI ` _� Hrrr rtr•1 {r •\••lar ill l" � _ � i �a��a\T�'./�j trr.• ws,.r •lr . i firQ•r R.otrrer rtl•t70 7. Y[•utdso —•at rD�rw•ata wt trrrt. _ r• 1, � d•Wa1•! 773.1N Nrrr !rt / ).l77e4 •err 1 f♦ .rt» �� Or �ereaal a•rr,M C•n[•r 1 c6 I I wwuu.t anatra3 1 � rt1a.M• 7rMe N 1», 1 �. • . ,. _ .. 7,a.>•r• if pre Nra,•t IroK )e iwt TT t••e>trf ! ewt II rasa .a7� t.wrrefl,» auuu•t r•r,. rr, wltr •aYl.en. 7r. tie:.A4 ... 1•K r:..•."J 1701 f•ntrr 70 D/(ae• 11 rl,t 316 �rw tt JD: fl•wrrl[a. r tsar) 3b/33 Dr,w duw, rt, D•atu Lr II / Gn,att: at.w •ull•r hJ•. 713.1313 1 / I M reset tarrn Ml),1 W 707917 f•r •le•••la. Ira 11 N, •r • •,weaa ///�1'• � wer . etra. •1 1•K If tw, M. t71M far 1 OF 4! O aiiw t�an� s 7rtvaanr r rri W 7. liar 1 J1.W N•!t. / /.77tN rer eK!•t • ra.Nt N•ft. / a.N)33 rfr Uaal 771.aN Ndt. / 7..J7N rt•r !�/ NMrt rr N,li) N•!a. / 7.Nt3! rr L_ _ RECEIVED OCT - 2 1997 c il•.ir. 7trnV• ��, /►. o. ar uw.+ L•w• FINANCIAL OBLIGATION + LEGEND Water AvelabARy Charge - Bio rrtr ,r. t....rt !.W rr �1; —..— tan•t•r ...n..a fw•r itw III I� � i i —••— ..•rw rrn.•.r pr•r iW pI ` _� Hrrr rtr•1 {r •\••lar ill l" � _ � i �a��a\T�'./�j trr.• ws,.r •lr . i firQ•r R.otrrer rtl•t70 7. Y[•utdso —•at rD�rw•ata wt trrrt. _ r• 1, � d•Wa1•! 773.1N Nrrr !rt / ).l77e4 •err 1 f♦ .rt» �� Or �ereaal a•rr,M C•n[•r 1 c6 I I wwuu.t anatra3 1 � rt1a.M• 7rMe N 1», 1 �. • . ,. _ .. 7,a.>•r• if pre Nra,•t IroK )e iwt TT t••e>trf ! ewt II rasa .a7� t.wrrefl,» auuu•t r•r,. rr, wltr •aYl.en. 7r. tie:.A4 ... 1•K r:..•."J 1701 f•ntrr 70 D/(ae• 11 rl,t 316 �rw tt JD: fl•wrrl[a. r tsar) 3b/33 Dr,w duw, rt, D•atu Lr II / Gn,att: at.w •ull•r hJ•. 713.1313 1 / I M reset tarrn Ml),1 W 707917 f•r •le•••la. Ira 11 N, •r • •,weaa ///�1'• � wer . etra. •1 1•K If tw, M. t71M far 1 OF 4! O aiiw t�an� s 7rtvaanr r rri W 7. liar 1 J1.W N•!t. / /.77tN rer eK!•t • ra.Nt N•ft. / a.N)33 rfr Uaal 771.aN Ndt. / 7..J7N rt•r !�/ NMrt rr N,li) N•!a. / 7.Nt3! rr L_ _ RECEIVED OCT - 2 1997 Agenda Information Memo November 3, 1997 Eagan City Council Meeting J. ORDINANCE AMENDMENT – CITY OF EAGAN ACTION TO BE CONSIDERED: To approve/deny an Ordinance Text Amendment allowing elementary and middle schools as a Conditional Use in the Business Park zoning district. FACTS: • At its regular meeting on October 7, 1997, the Eagan City Council directed staff to initiate a text amendment to the Business Park zoning district to allow for elementary and middle schools as a Conditional Use. This request was made by attorneys representing the Faithful Shepherd Catholic School which is proposing to locate an elementary -middle school on property currently zoned Business Park. The Advisory Planning Commission voted 6:1 in favor of the text amendment. • The Advisory Planning Commission recommended approval of the amendment. ISSUES: • An attorney representing a property owner north of Yankee Doodle Road and east of Eagandale Corporate Center 2nd Addition opposed the text amendment based on reasons of incompatibility of uses and safety. Advisory Planning Commission members discussed those issues and determined that a text amendment is valid because it is site specific. Safety issues and compatibility of uses would be analyzed and discussed in depth with an application for a Conditional Use Permit for an elementary or middle school. BACKGROUND/ATTACHMENTS: (2) APC Minutes of October 28, 1997 meeti�, pag� ;�(th—Rh Staff Report, pagep:D 4hrougjt�. SENT BY: R=93% 10-31-97 ; 14:40 ; Page 37 October 28.1997 AU'VISORY PLANNTNG COMMISSION SEVERSON SH©..DON-► ORDINANCE AMENDMENT CITY OF EAGAN 612 681 4612;#29/30 Commission Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to City Code Section 11.20, Subd. 22(C) regarding schools in Business Park districts; and by adopting by reference Eagan City Code Chapter I and Sectiou 11.99. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in his memorandwn to the APC; of October 23, 1997. Bill Griffith of Larkin, Hoffman, who represented a nearby by trucking terminal stated his concern regarding access and the safety of children. Dari Mollicker of McGough stated that this is not a typical neighborhood school and that children will be coming from many areas and they will be bussed in. Commission Chair Heyl stated that this area is zoned Business Park and not Industrial. Member Segal stated that this should be in a residential area. There was general discussion regarding Tesseract school and other schools located in industrial and commercial areas. Member Burdorf moved, Member Bakken seconded, a motion to recommend approval of an Ordinance Amendment to City Code Section 11.20, Subd, 22(C) regarding schools in Business Pads districts; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. All voted in favor, except Member Segal opposed. \ 1 612 432 3780 10-31-97 03:43PM P029 #44 .' city of eagan TO: CHAIR CARLA HEYL ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: OCTOBER 23,1997 SUBJECT: TEXT AMENDMENT BUSINESS PARK ZONING DISTRICT MEMO At its regular meeting on October 7, 1997, the Eagan City Council directed staff to initiate a text amendment to the Business Park zoning district to allow for elementary and middle schools as a conditional use. This request was made by the attorney representing Faithful Shepherd Catholic School which is proposing to locate an elementary -middle school on the eastern portion of the southern 80 acres of Eagandale Corporate Center located north of Yankee Doodle Road and east of Lexington Avenue. 41_�C'4e_ Senior Planner MR/j s aha SENT BY 612 432 3780 10- 9-97 : 15:45 : SEVERSON SHELDON 681 4694:# 2/ 3 ORDINANCE NO. 2ND SERJES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20, SURD. 22(C) REGARDING SCHOOLS IN BUSINESS PARK DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding a conditional use to Section 11.20, Subd. 22(C), to read as follows: C_ Conditional uses. Within the BP district, no structure or land shall be used for the following uses or uses deemed similar by the council except through the granting of a conditional use permit: 1. Day care facilities. 2. Elementaa and iniddle schools. 3. Financial institutions and banks with drive-through facilities. 3 4. Health care facilities. 4. 5. Health and fitness clubs. Sr. 6. Hotels and motels. 7. Off-street parking and loading as regulated in section 11. 10, subdivision 12. 1, herein. 8. Restaurants (class I). Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. a ( 3 SENT BY 612 432 3786 10- 9-97 : 15:46 : SEVERSON SHELDON-a 681 4694:# 3/ 3 Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory.Planning Commission Hearing: a ( � ANDREW J. EISENZIMMER LEO H. OEHLER THOMAS S. WIESER JOHN C. GUNDERSON CHARLES M. SICHLER Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 MEIER, KENNEDY & QUINN CHARTERED ATTORNEYS AT LAW SUITE 2200, NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET SAINT PAUL, MINNESOTA 55 101•2100 TELEPHONE (61 2) 228.1 911 FACSIMILE (61 2) 223-5483 September 29, 1997 RE: Faithful Shepherd Catholic School Our File No. 3842.645 Dear Mr. Ridley: WILLIAM C. MEIER (1920.1981) TIMOTHY P. QUINN (1921.1991) ALOIS D. KENNEDY, JR. (RETIRED) SEP 3 0 1997 As we discussed, on behalf of Faithful Shepherd Catholic School, I am requesting that the City of Eagan consider amending its zoning ordinance to allow "Schools", specifically including elementary and middle schools, as a conditional use on property zoned Business Park. Thank you, and please contact me if you need additional information. CMB:sak cc: Reverend Kevin Clinton Mr. Wayne Bugasch miidley Very truly yours, MEIER, KENNEDY & QUINN, CHARTERED Charles A Bichler a �� Revo6/96 Minnesota Lawful Gambling For Board Use Only Application forAuthorization for an Fee Paid Exemption from Lawful Gambling License Check # Initals Date Recd- ecdOrgan Organization zation information Organization Name 5 } ; .�'Yl � �° ,F._ _ . -Previous. iawfui -gambling exemption number Mtnn e so+c� { eerr A u4u-s A`soTGir 4 Street City State Zip Code County A4?_ 3 501 34 S �1 tnh .c�_ ,s 1�� N 55qo8 Name of Chief Executive Officer of organization (CEq) First Name Last Name Daytime Phone number of CEO L nn >'vtan (WA) 3$3 ame rganiza ion Treasurer First Name Last Name Daytime Phone Number of Treasurer � kod LA-za ((4) 9,04 — 0308 Type of Nonprofit Organization -Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: CJ Q IRS letter indicating income tax exempt status Fraternal 0 veterans Q Certificate of good standing from the Minnesota Secretary of State's office Q Religious A charter showing you're an affiliate of a parent nonprofit organization Other nonprofit 0 Proof previously submitted and on file with the Gambling Control Board Gamblling Promises Information Name of Establishment where gambling activity will be conducted `"Roy o f 1 d f Scan u.c Q evye Street City State Zip Code County 9 8 8 0 Gi 1 K Rwl Ea an M iv 55/019, t�k oiu Date(s) of activity (for raffles, indicate the date of t e drawing) r e6 rv,c,r ,, gr7 1W Check the box or boxes which indicate the type of gambling activity your organization will be conducting Q *Bingo ® Raffles Q *Paddlewheels Q *Pull-tabs Q *Tipboards *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist.