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1278 Town Centre Dr - Banfield Pet Clinic oso EAGAN September 13, 2019 Mr. Blair Bonuccelli Epic Real Estate Partners, LLC 515 Congress Avenue, Suite 1925 Austin, TX 78701 RE: Banfield Clinic at Town Center— Use Determination Dear Mr. Bonuccelli, In official action taken on August 5, 2019, the Eagan City Council approved the determination of a veterinary clinic as a permitted use within the Community Shopping Center zoning district. A copy of the August 5, 2019, City Council meeting minutes is enclosed for your reference. If you have any questions, please do not hesitate to contact me. Sincerely, Fa_vi jiorke.:4_ Pamela Dudziak Planner Enclosure MAYOR I MIKE MAGUIRE COUNCIL MEMBERS I PAUL BAKKEN,CYNDEE FIELDS,GARY HANSEN, MEG TILLEY CITYOI=EAGAN.COM CITY ADMINISTRATOR I DAVID M. OSBERG MUNICIPAL CENTER 13830 PILOT KNOB ROAD, EAGAN, MN 55122-1810 MAIN: (651) 675-5000 HEARING IMPAIRED: (651) 454-8535 MAINTENANCE: (651) 675-5300 UTILITIES: (651) 675-5200 City Council Meeting Minutes August 5,2019 2 page A. It was recommended to approve the corrected minutes of July 2, 2019 regular City Council meeting and the July 16,2019 regular City Council minutes,as presented or modified. B. Personnel Items: 1. It was recommended to approve the promotion and transfer of Nicholas Wilson from Utility Maintenance Worker to Engineering Technician and authorize replacement of the Utility Maintenance Worker position. 2. It was recommended to approve the hiring of Sarah Johnson to the position of Human Resources Generalist. 3. It was recommended to authorize the Separation Agreement between the City of Eagan and Ms. Crystal King, Digital Marketing Specialist and authorize replacement of the position. 4. It was recommended to authorize the hiring of Matt Harding to the position of GIS Technician. 5. It was recommended to accept the resignation of Sheen Yang, Property Maintenance Specialist/Code Enforcement and authorize replacement of the position. C. It was recommended to ratify the check registers dated July 12, 19,and 26, 2019. D. It was recommended to approve the ordinary and customary contracts with AVI Systems Inc, Stephen and Mary Melcher,and Dakota County Technical College. E. It was recommended to approve an Agreement between the City of Eagan,as fiscal agent for the Dakota County Drug Task Force,and the Organized Crime Drug Enforcement Task Forces for reimbursement of investigations and strategic initiatives assistance. F. It was recommended to approve a Joint Powers Agreement between the City of Eagan and Dakota County for the administration and distribution of the High-Intensity Drug Trafficking Areas Program grant. G. It was recommended to approve a resolution authorizing execution of a sub-grant agreement with the Minnesota Department of Public Safety for an application to install lightning prediction and warning technology at Cascade Bay. H. It was recommended to approve the general insurance renewal for the period of July 1,2019 to July 1,2020. I. It was recommended to schedule a public hearing for September 3,2019 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. J. It was recommended to schedule a public hearing for September 3,2019 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. K. It was recommended to approve Change Order No. 1 for Contract 18-20 (City-Wide Intersection, Traffic Signal, Pedestrian and Street Lighting Improvements)and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve Change Order No. 1 Contract 19-01 (2019 Street Revitalization) and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve Change Order No.2 for Contract 19-01 (2019 Street Revitalization)and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to deem veterinary clinics as similar to other permitted uses within the CSC zoning district. O. It was recommended to approve a resolution to accept a donation from the Eagan Lions Club. P. It was recommended to approve an agreement with the Eagan Firefighters Relief Association for 2020-21. Q. It was recommended to adopt a proclamation recognizing August 6, 2019,as National Night Out in Eagan. Agenda Information Memo August 5, 2019, Eagan City Council Meeting CONSENT AGENDA N. Request to deem veterinary clinic as similar and compatible to other permitted uses within the CSC (Community Shopping Center) zoning district. Action To Be Considered: To deem veterinary clinics as similar to other permitted uses within the CSC zoning district. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ City staff received a proposal to locate a veterinary clinic in the Town Centre retail building, which is zoned CSC, Community Shopping Center. ➢ The use is not specifically listed within the CSC zoning ordinance as either a permitted or a conditional use. The zoning ordinance does list the use as permitted in Limited Business, Neighborhood Business, and General Business zoning districts. ➢ Historically,veterinary clinics have been and are currently located in areas with CSC zoning or comparable Planned Development zoning. ➢ Recognizing that the list of uses within the ordinance cannot be exhaustive, the City amended the zoning ordinance for CSC and other zoning districts in 2018 to include "uses deemed similar by the council." ➢ The proposed veterinary clinic has no outdoor uses, overnight boarding or long- term kenneling. ➢ Staff has prepared a memo summarizing the proposal, background, evaluation, and action for the Council's consideration. Attachments: (3) CN-1 Location Map CN-2 Staff Memo CN-3 Property Manager Letter and Exhibits N EAGAN Memo TO: Mayor and City Council FROM: Jill Hutmacher, Community Development Director Mike Schultz, City Planner PREPARED BY: Pam Dudziak DATE: July 31, 2019 SUBJECT: Proposed Veterinary Clinic in CSC Zoning District Summary of Request The Council is asked to determine whether a veterinary clinic is similar to other permitted uses within the CSC, Community Shopping Center District, zoning district. Background On June 5, 2018, the City Council approved an ordinance amendment to commercial and industrial zoning districts including CSC adding "or uses deemed similar by the council." This amendment recognized that it is impossible to enumerate every possible use that would or could be compatible within a given district, and that adding this language to the use districts provides flexibility for the City Council to determine when a proposed use not specifically listed can be rationally conducted in a use district, without formally amending the ordinance to do so. Proposal City staff was recently asked to confirm zoning for property at 1278 Town Centre Drive to allow a new tenant, Banfield Pet Clinic, to lease space in the Town Centre retail building. The property is zoned CSC, Community Shopping Center, and a review of the ordinance language showed the CSC District does not list veterinary clinic as either a permitted or conditional use. A description of the proposed tenant use was provided by Epic Real Estate Partners, which owns and manages the Town Centre property. The proposed Banfield Pet Clinic will occupy approximately 4,100 square feet and will provide full service veterinary care including "diagnostic capabilities, surgery suite, and pharmacy." The clinic does not provide outdoor amenities, overnight boarding, or long-term kenneling. Hours of operation are 8:00 a.m. — 7:00 p.m. 7 days per week. A pet waste station is provided near the clinic entrance for customers' convenience. Epic states that "with the evolving retail real estate landscape, retail centers are adapting by offering more service-based business that require storefronts" and Banfield is such a tenant. The landlord indicates traditional retail tenants are becoming scarcer and they have had to search for more creative uses to continue attracting tenants for the center. Evaluation The Town Centre property is zoned Community Shopping Center (CSC), and at present, veterinary clinics/animal hospitals are not listed as an allowed use in the CSC zoning district. The veterinary clinic use is listed as permitted within the General Business (GB) zoning district and by Conditional Use Permit in the Neighborhood Business (NB) District. While the zoning ordinance does not specifically list veterinary clinics in the CSC district, three such clinics currently operate in CSC zoning or areas zoned PD that are equivalent to CSC. 1) Companion Animal Hospital at 1321 Duckwood Drive, 2) Cliff Lake Veterinary Clinic at 1960 Cliff Lake Road, and 3) Banfield in the PetSmart in at 1295 Promenade Place. There are also three clinics in areas zoned PD equivalent to NB and LB (Limited Business) zoning districts: 1) Eagan Pet Clinic at 4395 Rahn Road, Pilot Knob Animal Hospital at 4145 Knob Drive, and 3) Lexington Pet Clinic at 1095 Diffley Road. In 1997, a Conditional Use Permit for Companion Animal Hospital was approved in a CSC zoning district, and at that time, the use was not listed as such in the ordinance. Companion Animal Hospital had previously been operating in a CSC zoning district since 1991, and the 1997 proposal also included the boarding of animals other than patients; hence, the Conditional Use Permit approach for the "kennel" component. Also at that time, Eagan Pet Clinic was located on Beau D'Rue Drive (now Cedar Grove Parkway) on property zoned CSC, and later relocated to Rahn Road (PD/CSC) as part of a Cedar Grove redevelopment. In addition, veterinary clinics currently operate as an ancillary use within pet stores such as PetSmart in Eagan Promenade, and Petco in Central Park Commons. Page 2 Action To Be Considered The Council is asked to determine whether a veterinary clinic is similar to other permitted uses within the CSC zoning district. For reference, the CSC zoning ordinance is attached as an exhibit to this memo. While veterinary clinics are not specifically listed in the ordinance as an allowed use within the CSC zoning district, historically the use has been allowed within commercial areas in NB and CSC zoning districts, or comparably zoned Planned Developments. Allowing veterinary clinics within the CSC zoning district is consistent with both past and current veterinary clinic locations. Page 3 U a f EAGAN . Z ii Location Map iiii J1 //' .-. Project Name:Banfield-Town Centre Request:Use Determination 'uoli li_, �1STSTW 41 [EL] , NT o KIWI J.,_ TOS C : .I, ,., lir .-0 1 V 4 e�. ®�®®. Park o $Ubject I Yli.! 11 III-111 1 # A alfillill �e ®® Map Area Extent il.LL Site of ,�. i ,.....- , LANE o/Z 11. k_ iii o t t O litakillillkiliPoloW4: • • : jirli 1 / _ ® 1 1 DM 110 ' I'u iiiniiiminermellri,zipti r. ,., —A CRESTRIDGE —�— airi .012L Allilk ri•riirrrii®:®®®®' - .d �. —,® b— �•i■iiiiiiiiiiii®� y% •rias■W A / Biiiiy sinoilii 0-- 111111/01111111 ., 1JuL eG 'AMMO= 0 • - �, ItItl!IØ! E=arm®-Iv �' N OJ' 'woe/ f Fish iiiiii®►Q`®� 1 1 IFeet isle/ Lake_P_ark e iiiirii 1.1111 / o 500 1,000 IIII ,T ,RT� 1 • i A / \ I_ A I lir o° y �y Town Centre Drive inF cr15?Q \ .m, oi wm 41, ,� �e xOf - v • 1 Cay` i • 4".- '' 2 ;11 :: == i „ ., - �• SUBJECT ,.5 ,�, - .0 _ SITE s 7` _, �W' . '� E w x as 4+ n � Tia. �.. T AA ? " 1F, E C ,Co 4 1, .i ;. ....�.... ■ a L 3 >r ■ _ This map is for reference use only. 0 35 70 Feet This is not a survey and is not indtended 1f1 Project Name: Banfield -Town Centre to be used as one. Application: Use Determination N Aerial photo-Fall-2018 Subd. 13. CSC Community Shopping Center District. A. Purpose. Community shopping center districts are intended for large scale retail commercial sales and services. B. Permitted uses. 1. Barbershops. 2. Beauty shops. 3. Financial institutions without drive-through facilities. 4. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 5. Offices. 6. Public utility tower mounted antennae, subject to the regulations thereof in this chapter. 7. Restaurants-Full service and casual. 8. Retail sales. 9. Pawnshops. C. Conditional uses. 1. Carwashes. 2. Coffee kiosks, subject to the regulations thereof elsewhere in this chapter. 3. Commercial recreation-Indoor. 4. Convenience stores. 5. Currency exchange operations, subject to the regulations thereof as set forth in chapter 6 of this Code. 6. Drive-through facilities. 7. Health and fitness clubs. 8. Motels and hotels. 9. Motor fuel sales-Class I 10. Motor vehicle repair-Minor. 11. Off-site off-street parking and off-site outdoor storage, subject to the regulations hereof in this Code. 12. On-sale liquor, 3.2 beer or wine. 13. Outdoor event-Seasonal, subject to regulations thereof elsewhere in this chapter. 14. Outside storage and sales of garden supplies. 15. Outdoor storage when conducted by an occupant of the principal building, subject to regulations thereof elsewhere in this chapter. 16. Restaurants-Fast food and delivery or take-out and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. 17. Transit stations. D. Permitted accessory uses. 1. Building mounted antenna or satellite dishes, subject to the regulations thereof elsewhere in this chapter. 2. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Outdoor display, subject to the regulations thereof elsewhere in this chapter. 4. Private garages, off-street parking and loading spaces, as regulated by this chapter. 5. Public telephone booths provided all yard requirements are met. 6. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to the regulations thereof elsewhere in this chapter. 7. An outdoor dining area in conjunction with a full service or casual restaurant, except an outdoor dining area that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor dining area shall be subject to the regulations thereof elsewhere in this chapter. 2 EPIC REAL ESTATE PARTNERS July 25, 2019 City of Eagan—Planning Department ATTN: Pam Dudziak 3830 Pilot Knob Rd. Eagan, MN 55122 RE: Eagan Town Center—Tenant Business Use Variance—Veterinary Clinic- Banfield Pet Hospital To Whom It May Concern, Eagan Town Center, located at 1276 Town Center Dr., Eagan, MN, is requesting a variance to the set retail use of the center allowing Banfield Pet Hospital, a veterinary clinic, to lease, open, and operate within Suite 1951, consisting of +1- 4,144 square feet of gross leasable area on the accompanying site plan in Exhibit A. Banfield Pet Hospital does not intend to operate outdoor facilities or complete exterior changes at this location, other than tenant signage. Banfield Pet Hospitals provide ful-service veterinarian care; including diagnostic capabilities, surgery suite, and pharmacy. All activities occur within the tenant space. We do not provide outdoor amenities such as dog runs or storage yards and no grooming, long term kenneling, boarding or overnight facilities. Our hospital will primarily service the neighboring community providing a necessary service at a close and convenient location. The proposed location reduces transportation time for clients and provides a location to receive needed veterinarian care services at a convenient one-stop shopping center location. Banfield Pet Hospitals will operate between the hours of 8:00am — 7:00pm, 7 days per week. Each location averages 30 pet appointments daily and half of these appointments are drop-offs. Although staffing varies depending on workload, typical mature Banfield Pet Hospitals operate with a staff of 6 to 10; including Licensed Veterinarians, Veterinary technicians, and administrative support staff. All functions are fully contained within the premises minimizing impact on adjacent tenants or properties. Any potential sound transmission from within the premises is mitigated by insulated demising walls providing acoustic 1 separation between our space and adjacent tenants. Banfield Pet Hospital does not "walk" pets for pet safety reasons. We provide a pet-waste station with bags and disposal near our entrance for customer's convenience. The retail real estate landscape is evolving thanks to increased competition from delivery services via internet marketplaces, therefore retail centers are adapting to this evolution by offering service-based business that require storefronts. Banfield Pet Hospital is an excellent example of this type of business that is a benefit to the community and center. Retail tenants are becoming scarcer and with the permitted development of the HyVee Center across the highway, Epic has had to search for more creative uses to continue attracting tenants for a key real estate asset in your community. 515 Congress Avenue,Ste. 1925 1 Austin,TX 78701 1 tel: (512) 265-2161 Thank you for your time and continued willingness to work with us to make Eagan Town Center a better shopping center for the city and community of Eagan, MN. Sincerely, 14%zei Aititeeetd6f Blair Bonuccelli I Director, Asset Management 1 Epic Real Estate Partners, LLC 515 Congress Ave., Suite 1925 I Austin, TX 78701 main: (512) 265-2161 I direct: (512) 686-3746 1 cell: (916) 834-7853 I fax: (512) 265-2158 bbonuccelliepicrepartners.com I www.epicrepartners.com 515 Congress Avenue,Ste. 1925 I Austin,TX 78701 tel: (512)469-5505 I fax: (281)955-3875 EXHIBIT A v DRIVE 4GINTOW4'YC'&Y1Ti� ,y,JcoMT�E - ----�-- -- 64m41!miss 1 ff '��_f fin"-run-1-1-rrr n n r rr n �_---� N ���� 1 I111111111111I1I I I I I I 1111 I I ;, tor0 4.-. c\4(111 \TTt1T1T7f111TIT1"i 1 I II : 1 , � . \GiiiiiiIIIIIIIII±, . IIIII IIIIIilf. � et I 1 9 11 I I I I 1 I� �(1 I I I 1' : .. / 4111+H l 111 1111 +1-1 tel$ j 1.'I ,ti 1 i� I +Z 4 g A 11 U11111111111111111 o non 000�— UU11II1H111111111114 OCL.. . .IQs N 1. 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(1) 515 Congress Avenue,Ste. 1925 I Austin,TX 78701 tel: (512)469-5505 I fax: (281)955-3875 Scott Gaylord From: Blair Bonuccelli <bbonuccelli@epicrepartners.com> Sent: Thursday, July 25, 2019 9:48 AM To: Pam Dudziak Cc: Scott Gaylord; Schisel, Kris Subject: RE: Banfield -Town Centre Attachments: Banfield Pet Use Var - ETC - City of Eagan 7-24-19.pdf; Epic_Eagan Site Plan Banfield_ 190724.pdf [EXTERNAL SENDER] Pam, Check will be delivered today or tomorrow.Attached is the requested information. Please let me know if you need anything else. If not, I will see you on 8/5. EPIC REAL ES1ArE PARTNERS Blair Bonuccelli 1 Director, Asset Management I Epic Real Estate Partners, LLC 515 Congress Ave., Suite 19251 Austin, TX 78701 main: (512) 265-2161 I direct: (512) 686-3746 1 cell: (916) 834-7853 I fax: (512) 265-2158 bbonuccelliepicrepartners.com I www.epicrepartners.com From: Pam Dudziak<pdudziak@cityofeagan.com> Sent: Monday,July 8, 2019 12:04 PM To: Blair Bonuccelli<bbonuccelli@epicrepartners.com> Subject: Banfield -Town Centre Hi Blair, Attached is the e-mail I received from Stephen Miller of Banfield describing their operations. As I explained,Town Centre is zoned CSC, and the Zoning Ordinance does not list animal or veterinary clinic as an allowable use in that zoning district. However, it appears to be consistent with other veterinary clinic operations elsewhere in the City that operate in similar commercial zoned areas. The ordinance does allow us to present the question to the City Council for a determination of the use as similar and compatible with the CSC zoning. For that, please provide the following: • Revised Site Plan exhibit clearly identifying the tenant space proposed for the Banfield clinic. • Cover letter from Landlord and repackaged description of the Banfield clinic and its operations (stating services provided,as well as services that are not provided like overnight boarding or outdoor play/run area). Mr. Miller's description in the e-mail will suffice,just excerpt it and repackage as a one-page letter. • $500 escrow deposit for staff and City Attorney time to prepare the information for the City Council's consideration. S we discussed,we will tentatively schedule this for consideration at the August 5th Eagan City Council meeting.Thank you and let me know if you have any questions or if I can be of further assistance. Kind regards, 1 Pam Dudziak OF E4 A , 9 .\ Pam Dudziak f V `� ' • Z, � Planner • " j 3830 Pilot Knob Rd I Eagan, MN 55122 s Y � !a ,4 Office:651-675-5691 mai+�r+►�° httos://www.citvofeaoan.com DISCLAIMER: This message is intended only for the personal and confidential use of the recipients named above. If the reader of this email is not the intended recipient, you have received this email in error and any review, dissemination, distribution or copying is strictly prohibited. If you have received this email in error,please notify the sender immediately by return email and permanently delete the copy you received. This message is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments.EPIC Real Estate Partners is not responsible for any recommendation,solicitation,offer or agreement or any information about any transaction, customer account or account activity that may be attached to or contained in this communication.EPIC Real Estate Partners accepts no liability for any content contained in the email,or any errors or omissions arising as a result of e-mail transmission. Any opinions contained in this email constitute the sender's best judgment at this time and are subject to change without notice.Some of the information in this communication may include"forward-looking statements"that are based on beliefs and assumptions and on the information currently available. We can give no assurance that these statements will prove to be correct, and our actual results may differ materially.Any index shown has been selected for purposes of comparing the performance of a strategy in the fund and is not subject to any of the fees or expenses to which the fund is subject.Past performance is not indicative of future results. 2 EPIC REAL ESTATE PARTNERS July 25, 2019 City of Eagan—Planning Department ATTN: Pam Dudziak 3830 Pilot Knob Rd. Eagan, MN 55122 RE: Eagan Town Center—Tenant Business Use Variance—Veterinary Clinic-Banfield Pet Hospital To Whom It May Concern, Eagan Town Center, located at 1276 Town Center Dr., Eagan, MN, is requesting a variance to the set retail use of the center allowing Banfield Pet Hospital, a veterinary clinic, to lease, open, and operate within Suite 1951, consisting of +/- 4,144 square feet of gross leasable area on the accompanying site plan in Exhibit A. Banfield Pet Hospital does not intend to operate outdoor facilities or complete exterior changes at this location, other than tenant signage. Banfield Pet Hospitals provide ful-service veterinarian care; including diagnostic capabilities, surgery suite, and pharmacy. All activities occur within the tenant space. We do not provide outdoor amenities such as dog runs or storage yards and no grooming, long term kenneling, boarding or overnight facilities. Our hospital will primarily service the neighboring community providing a necessary service at a close and convenient location. The proposed location reduces transportation time for clients and provides a location to receive needed veterinarian care services at a convenient one-stop shopping center location. Banfield Pet Hospitals will operate between the hours of 8:00am — 7:00pm, 7 days per week. Each location averages 30 pet appointments daily and half of these appointments are drop-offs. Although staffing varies depending on workload, typical mature Banfield Pet Hospitals operate with a staff of 6 to 10; including Licensed Veterinarians, Veterinary technicians, and administrative support staff.All functions are fully contained within the premises minimizing impact on adjacent tenants or properties. Any potential sound transmission from within the premises is mitigated by insulated demising walls providing acoustic separation between our space and adjacent tenants. Banfield Pet Hospital does not "walk" pets for pet safety reasons. We provide a pet-waste station with bags and disposal near our entrance for customer's convenience. The retail real estate landscape is evolving thanks to increased competition from delivery services via internet marketplaces, therefore retail centers are adapting to this evolution by offering service-based business that require storefronts. Banfield Pet Hospital is an excellent example of this type of business that is a benefit to the community and center. Retail tenants are becoming scarcer and with the permitted development of the HyVee Center across the highway, Epic has had to search for more creative uses to continue attracting tenants for a key real estate asset in your community. 515 Congress Avenue,Ste. 1925 I Austin,TX 78701 I tel: (512)265-2161 Thank you for your time and continued willingness to work with us to make Eagan Town Center a better shopping center for the city and community of Eagan, MN. Sincerely, i3(616 Blair Bonuccelli I Director, Asset Management I Epic Real Estate Partners, LLC 515 Congress Ave., Suite 1925 I Austin, TX 78701 main: (512) 265-2161 I direct: (512)686-3746 I cell: (916) 834-7853 I fax: (512)265-2158 bbonuccelli(a�epicrepartners.com I www.epicrepartners.com 515 Congress Avenue,Ste. 1925 I Austin,TX 78701 tel: (512)469-5505 I fax: (281)955-3875 EXHIBIT A J '--- -- -a— — DRIVE R7MNMYAlCAIE // .�'`` —!'?T9 TrT tT T9 TSTIT O P 77.: MOW wow . 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'I 1 I G- f C- _ \� W 2 M 1\ S II — j \, 5 I3 W� ; • j-I TT(TI TI- 17 Tl 1 [1 t ilk Q 5 I- —I— _—I— -+- v .� 1\ —I= —I I _i_ n llliiiii111111111111Ii II® M \ ¢ \\ I— —I— _�_ _1_ _I �, U II IIIIIII1111111IIIIII I J . \\ I- —I— —1— —I— —1— �' 10 , _i \. _1_ —I—_ —I— _—I— n l l l l l l l l l l l l l l l l l l l l l l (� I g \ I— —1— _-1— —1—_ -Ti �• U I I I I I I I I I I I I I I I I I I I I I I I I I \ \ I— =_I— -t_ -11 n 1 I I I I I I I I I I I I I I I I I I I I If1 I B� g —� 1 + U I I I I I I I I I I I I I I I I I I I I I I L)1- � �]� rr � $ \` \`\ t -- L -G \ �\ nlllllllllllllllllllllffla 1 \ ❑ UIIIIIIIIIIIIIIIIIIIIIILT11� ` °°—__ n I 1 I I I I 1 I I I I I I I I I I I I I I I f . . �x \\ \ WI U I I I I I I I I I I I I I I I I I I I I I� g .. , ` \ \\ o o 0� i2j nllll ll lllllllll llllll\ \ ���li U I I I I I I n (� �i I I I I I I I 1 I I I I ii I I > i J i :: \ `\ \ ` \ �J I I I I I I I I I I I I I I I I I J i, ,_� LL \\ Z11L111J111Ui �___—' t ` \\ \ ✓_ m 2 ° \ _ / 0 Pam Dudziak From: Pam Dudziak Sent: Monday, July 29, 2019 2:19 PM To: Blair Bonuccelli Cc: Scott Gaylord; Schisel, Kris Subject: RE: Banfield - Town Centre I have placed this item on the August 5th City Council meeting agenda,which will be confirmed by City Administration tomorrow morning. I'm preparing a background memo for the City Council,to include the information you provided, and that will be available on our web site at the end of the week,which you will be able to find here https://www.cityofeagan.com/meetings So I think we have everything we need. The meeting is next Monday,August 5th, and starts at 6:30 p.m. It is my understanding that this item will be on the Consent Agenda. Typically all items listed on the Consent Agenda are approved in one motion without discussion on any of the items individually, unless a Councilmember pulls an item off the Consent Agenda at the meeting. I'll be in touch this week if I have any questions while I'm putting together the memo. Let me know if I can be of any further assistance. Pam Dudziak OPE, 44 t , c Pam Dudziak • Planner• • • Z • 3830 Pilot Knob Rd I Eagan, MN 55122 • o •r .•�•. �s Office:651-675-5691 Lcsss° / httos://www.cityofeagan.com From: Blair Bonuccelli<bbonuccelli@epicrepartners.com> Sent: Monday,July 29,2019 2:04 PM To: Pam Dudziak<pdudziak@cityofeagan.com> Cc:Scott Gaylord<SGaylord@midamericagrp.com>; Schisel, Kris<Kris.Schisel@colliers.com> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED]RE: Bonfield-Town Centre Pam, Any update on the time of the meeting on the 5th? Do you have everything you need? .2 EPIC REAL ESTATE PARTNERS Blair Bonuccelli I Director, Asset Management I Epic Real Estate Partners, LLC 1 515 Congress Ave., Suite 1925 I Austin, TX 78701 main: (512) 265-2161 I direct: (512) 686-3746 I cell: (916) 834-7853 I fax: (512) 265-2158 bbonuccelli(a�epicrepartners.com I www.epicrepartners.com From: Pam Dudziak<pdudziak@cityofeagan.com> Sent:Thursday,July 25, 2019 11:00 AM To: Blair Bonuccelli<bbonuccelli@epicrepartners.com> Cc:Scott Gaylord<SGavlord@midamericagrp.com>; Schisel, Kris<Kris.Schisel@colliers.com> Subject: RE: Banfield -Town Centre Thank you,we will watch for the check and prepare this for City Council consideration at their 8/5 meeting. -, © eq Pam Dudziak U . Z Planner ;. PI r . e '' " ' 3830 Pilot Knob Rd I Eagan, MN 55122 *0. .`/ Office:651-675-5691 Isri°.‘„,/ From: Blair Bonuccelli<bbonuccelli@epicrepartners.com> Sent:Thursday,July 25, 2019 9:48 AM To: Pam Dudziak<pdudziak@cityofeagan.com> Cc:Scott Gaylord<SGaylord@midarimericagrp.com>; Schisel, Kris<Kris.Schisel@colliers.com> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED]RE: Banfield -Town Centre Pam, Check will be delivered today or tomorrow.Attached is the requested information. Please let me know if you need anything else. If not, I will see you on 8/5. EPIC Of At F TATE PAf *tt Blair Bonuccelli I Director, Asset Management I Epic Real Estate Partners, LLC 515 Congress Ave., Suite 1925 I Austin, TX 78701 main: (512) 265-2161 I direct: (512) 686-3746 I cell: (916) 834-7853 I fax: (512) 265-2158 bbonuccelli(a�epicrepartners.com I www.epicrepartners.com From: Pam Dudziak<pdudziak@cityofeagan.com> Sent: Monday,July 8, 2019 12:04 PM To: Blair Bonuccelli<bbonuccelli@epicrepartners.com> Subject: Banfield -Town Centre Hi Blair, Attached is the e-mail I received from Stephen Miller of Banfield describing their operations. As I explained,Town Centre is zoned CSC, and the Zoning Ordinance does not list animal or veterinary clinic as an allowable use in that zoning district. However, it appears to be consistent with other veterinary clinic operations elsewhere in the City that operate 2 in similar commercial zoned areas. The ordinance does allow us to present the question to the City Council for a determination of the use as similar and compatible with the CSC zoning. For that, please provide the following: • Revised Site Plan exhibit clearly identifying the tenant space proposed for the Banfield clinic. • Cover letter from Landlord and repackaged description of the Banfield clinic and its operations(stating services provided,as well as services that are not provided like overnight boarding or outdoor play/run area). Mr. Miller's description in the e-mail will suffice,just excerpt it and repackage as a one-page letter. • $500 escrow deposit for staff and City Attorney time to prepare the information for the City Council's consideration. S we discussed,we will tentatively schedule this for consideration at the August 5th Eagan City Council meeting.Thank you and let me know if you have any questions or if I can be of further assistance. Kind regards, Pam Dudziak /47 ;CqW Pam Dudziak II t j�•���',.'� 9j Planner • " 3830 Pilot Knob Rd I Eagan, MN 55122 ,* �'� .' Office:651-675-5691 •crsNao` https://www.citvofeagan.com DISCLAIMER: This message is intended only for the personal and confidential use of the recipients named above. If the reader of this email is not the intended recipient, you have received this email in error and any review, dissemination, distribution or copying is strictly prohibited. If you have received this email in error, please notify the sender immediately by return email and permanently delete the copy you received. This message is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments.EPIC Real Estate Partners is not responsible for any recommendation,solicitation,offer or agreement or any information about any transaction, customer account or account activity that may be attached to or contained in this communication.EPIC Real Estate Partners accepts no liability for any content contained in the email,or any errors or omissions arising as a result of e-mail transmission. Any opinions contained in this email constitute the sender's best judgment at this time and are subject to change without notice.Some of the information in this communication may include"forward-looking statements"that are based on beliefs and assumptions and on the information currently available. We can give no assurance that these statements will prove to be correct, and our actual results may differ materially.Any index shown has been selected for purposes of comparing the performance of a strategy in the fund and is not subject to any of the fees or expenses to which the fund is subject. Past performance is not indicative of future results. DISCLAIMER: This message is intended only for the personal and confidential use of the recipients named above. If the reader of this email is not the intended recipient, you have received this email in error and any review, dissemination, distribution or copying is strictly prohibited. If you have received this email in error,please notify the sender immediately by return email and permanently delete the copy you received. This message is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments. EPIC Real Estate Partners is not responsible for any recommendation,solicitation,offer or agreement or any information about any transaction, customer account or account activity that may be attached to or contained in this communication.EPIC Real Estate Partners accepts no liability for any content contained in the email,or any errors or omissions arising 3 as a result of e-mail transmission. Any opinions contained in this email constitute the sender's best judgment at this time and are subject to change without notice.Some of the information in this communication may include"forward-looking statements"that are based on beliefs and assumptions and on the information currently available. We can give no assurance that these statements will prove to be correct, and our actual results may differ materially.Any index shown has been selected for purposes of comparing the performance of a strategy in the fund and is not subject to any of the fees or expenses to which the fund is subject.Past performance is not indicative of future results. 4 • Pam Dudziak From: Pam Dudziak Sent: Monday, July 08, 2019 12:04 PM To: bbonuccelli@epicrepartners.com Subject: Banfield - Town Centre Attachments: Banfield Pet Hospital; Potential Site in Eagan, MN Hi Blair, Attached is the e-mail I received from Stephen Miller of Banfield describing their operations. As I explained,Town Centre is zoned CSC, and the Zoning Ordinance does not list animal or veterinary clinic as an allowable use in that zoning district. However, it appears to be consistent with other veterinary clinic operations elsewhere in the City that operate in similar commercial zoned areas. The ordinance does allow us to present the question to the City Council for a determination of the use as similar and compatible with the CSC zoning. For that, please provide the following: • Revised Site Plan exhibit clearly identifying the tenant space proposed for the Banfield clinic. • Cover letter from Landlord and repackaged description of the Banfield clinic and its operations(stating services provided,as well as services that are not provided like overnight boarding or outdoor play/run area). Mr. Miller's description in the e-mail will suffice,just excerpt it and repackage as a one-page letter. • $500 escrow deposit for staff and City Attorney time to prepare the information for the City Council's consideration. S we discussed,we will tentatively schedule this for consideration at the August 5th Eagan City Council meeting.Thank you and let me know if you have any questions or if I can be of further assistance. Kind regards, Pam Dudziak ' of /4 , • • ; c , Pam Dudziak ' _# . Planner • "' • 3830 Pilot Knob Rd I Eagan, MN 55122 \ 46,„. -,. �.`/ Office:651-675-5691 r4,s M•° httos://www.citvofeagan.com 1 Pam Dudziak From: Jill Hutmacher Sent: Tuesday, July 02, 2019 7:06 PM To: Pam Dudziak Cc: Mike Schultz Subject: Banfield Pet Clinic Pam: I spoke to Bob. He agreed that the "deemed similar use by the City Council" provision would be appropriate for the Banfield Pet Clinic question. Banfield should submit an application,then the question could go on the consent agenda. It does not need to go to APC. Please contact Bob if you have any questions about process. Jill /of S i�-t,• F\ Jill Hutmacher Director of Community Development • • 4. 3830 Pilot Knob Rd I Eagan, MN 55122 Z, r.� �; j Office:651-675-5653 +.t+sNio`/ https://www.citvofeagan.com 1 1 frov-- is ( C----- biciAt-PLQL -7-- eL.A..i--pk_. Pam Dudziak die-yY1 161/YjILLI — From: Jill Hutmacher r! Sent: Tuesday, July 02, 2019 4:20 PM jaa - j To: Pam Dudziak; Mike Schultz Subject: RE: Eagan Town Center - Banfield �Lt) 2 77 Pam: A few thoughts. . . 1. Thank you for your research, thoughtfulness, and possible solutions! 2. I am hesitant to bring any staff-requested ordinance amendments to the Council unless it is part of a to-be-developed-and-approved Planning Work Program. In this case, this issue was surfaced by a potential applicant, and the applicant should submit an application and escrow that covers staff and legal costs. 3. I agree with you that your Option #3 below is the least attractive. 4. In my history here, it seems that we generally try to let projects proceed with the least amount of permanent change to the Code. For example, Club Pilates asked for the removal of the prohibition of health and sports clubs and/or allowance of a fitness studio up to 4,000 square feet. The staff memo offered a possible interpretation that the fitness studio was not a health and sports club (so the prohibition could remain) and limited the space to 1,840 square feet. 5. I think Option #1 below could potentially allow the use with the least change to the Code, but given that the section is relatively new, I'm not quite sure what the process would be. Since the Code says, "uses deemed similar by the City Council", I don't believe it can be an administrative decision, but I don't know what the process would be for the Council to approve. I think that might be a Bob question. If Bob and Dave feel that, given the history you've presented below, this could be an Additional/Listening Session item, I'm comfortable with that approach as well as a formal Council consideration. Thank you again for your careful consideration of the issue and your outline of possible actions. I've asked Mike to work with you and Bob on this question. There's no need to wait until my return to proceed. Jill Q E� Jill Hutmacher Director of Community Development .:m, to. 3830 Pilot Knob Rd I Eagan, MN 55122 *� Office:651-675-5653 Aa '' https:Ilwww.cityoteagan.corn From: Pam Dudziak Sent:Tuesday,July 2, 2019 12:46 PM To: Mike Schultz<mschultz@cityofeagan.com>;Jill Hutmacher<jhutmacher@cityofeagan.com> Subject: RE: Eagan Town Center- Banfield Jill—What do you think? 1 I heard you say recently you were a bit hesitant to bring ordinance changes to the City Council. Is this something we could present as an informative item letting the Council know it's a use we've historically allowed in CSC zoning, even though it's not specifically listed in the ordinance,and then see if anyone on the Council questions it? Alternatively,we could bring it to the Council as more of a formal request by the applicant. Th Council could deem it acceptable based on historical similar use,and maybe direct an ordinance amendment. But if the Council decided they didn't want to allow vet clinics in CSC,then the others would become non-conforming,and that is probably not a desirable outcome. Let us know if you want to visit,or if we should put this on a back burner until you are back from vacation. Pam / \ Pam Dudziak u ,;, , ' , Z Planner `" """ 3830 Pilot Knob Rd I Eagan,MN 55122 , Office:651-675-5691 4t**4"*,: httos://www.cityofeac]an.com From: Mike Schultz Sent:Tuesday,July 02, 2019 11:45 AM To: Pam Dudziak<pdudziak@cityofeagan.com> Cc:Jill Hutmacher<ihutmacherPcityofeagan.com> Subject: RE: Eagan Town Center Pam—We should sit down and discuss with Jill to determine most appropriate route. It would seem appropriate to utilize the "similar use as determined by City Council" as the appropriate route for the Banfield request as it seems Sola is a good barometer for these situations. As part of the request going to Council Staff should than ask Council if a Code amendment moving forward would be appropriate. I know the client was hoping to avoid taking this to City Council, but the Code doesn't appear to allow for a lot of staff interpretation, however the "similar use" option seems like a viable tool that allows Council to review and evaluate each use. Does the applicant(or staff) need to identify other similar uses within the zone district to base the argument of "similar use" (example: "clinic" or other use)or can the applicant argue "similar circumstance"with the other animal clinics allowed within the CSC zone? Thoughts? °C 6 Mike Schultz, AICP V *'a F ;�'*'z City Planner .., < ) 3830 Pilot Knob Rd I Eagan, MN 55122 tk •0 / Office:651-675-5650 '+crsw10�/' https://www.cityofeagan.com 2 From: Pam Dudziak Sent: Monday,July 1,2019 4:49 PM To: Mike Schultz<mschultzt citvofeagan.com> Subject: FW: Eagan Town Center Mike, I'd like to firm up what approach we should take with this vet clinic proposal. After further research and thought, I am thinking this may be a housekeeping item for the City to add vet clinics to the CSC text and make the written ordinance consistent with our actual practice, considering we seem to have established the veterinary clinic use as acceptable in CSC in spite of it not being listed in the CSC ordinance. Let me know what you think of that approach. I researched how we handled Sola Salon in 2018, and I've attached some info on that. After the Sola Salon question in 2018,the City initiated an ordinance amendment to add "uses deemed similar by the City Council" to other zoning districts, including CSC, which was adopted in May 2018. I also researched the ordinance relative to vet clinics, and past/current vet clinics in the city. We have a history of allowing vet clinics to operate in CSC or PD/CSC areas, so if we treat it as already deemed similar and allowed in CSC,then the ordinance amendment becomes a housekeeping item. Otherwise there are three more formal options for Banfield to proceed: 1) They ask the Council to deem the veterinary clinic similar to other uses that are permitted in CSC. • The Banfield proposal is a little different from the Sola Salon proposal in that we have approved this use via CUP in CSC zoning before, and at the time acknowledged that the CSC ordinance didn't list the use (see background info below). We also have two other clinics operating in PD/CSC areas without CUPs as far as I know. Give all that, it seems there is already sufficient record that the City Council has previously deemed the veterinary clinic as an allowed use in CSC, so we don't really need to bring the question to the City Council. 2) They request that the City amend the text of the CSC ordinance to include veterinary clinics as either a permitted or conditional use. • Since it is a use listed elsewhere in the ordinance,the Council would need to decide whether to allow it in the CSC district also, which requires looking broadly at all CSC property and not just Town Center. 3) They request to rezone the property to NB which allows veterinary clinics as a conditional use, or GB which allows veterinary clinics as a permitted use. • This does not seem to be a viable option since it affects all the other uses in the Town Center property and either opens the door to other potentially undesirable uses (as with GB) or closes the door to a whole host of uses currently allowed in CSC (as in the case of NB). More background discussion: I am not sure whether it was intentional that veterinary clinics are not listed in CSC. I looked back at the pre- 2002 ordinance, and found that it also listed animal clinics as a conditional use in NB, and permitted use in GB, and it was not one of the many uses listed in CSC, so that has been consistent over time and appears to be intentional. Nonetheless, there are three veterinary clinics currently operating in CSC or PD/CSC areas, and interestingly, there are also at least two located in PD/LB areas. The three clinics in CSC or PD/CSC areas are: 1) Companion Animal Hospital at 1321 Duckwood Dr, 2) Cliff Lake Veterinary Clinic at 1960 Cliff Lake Rd, and 3) Banfield in the PetSmart in at 1295 Promenade Place. 3 And the three clinics in PD/NB and PD/LB zoned areas are: 1) Eagan Pet Clinic at 4395 Rahn Road (PD/LB), Pilot Knob Animal Hospital at 4145 Knob Dr(PD/LB), and 3) Lexington Pet Clinic at 1095 Diffley Rd (PD/NB). In 1997, we issued a CUP for Companion Animal Hospital and at that time,the use was not listed as such in the ordinance and the report stated that. Companion Animal Hospital had already been operating in a CSC district since 1991, and the 1997 proposal also included the boarding of animals other than patients. The report also referenced a vet clinic on Beau D'Rue Drive, which was the Eagan Pet Clinic that moved to Rahn Road as part of a Cedar Grove redevelopment relocation. Thanks, Pam QFC t Pam Dudziak G , �'',.' r Planner i 3830 Pilot Knob Rd I Eagan, MN 55122 ."P f, Office:651-675-5691 \•*a rswev '' https://www.cityofeagan.com From:Schisel, Kris<Kris.Schisel@colliers.com> Sent: Friday,June 28, 2019 4:09 PM To: Pam Dudziak<pdudziakPcityofeagan.com> Subject: Eagan Town Center Hello Pam— I am the listing agent for EPIC Partners,the owner of Eagan Town Center. As you know,we are negotiating with Banfield Pet to become a part of the center. It sounds like the Landlord needs to apply for a Zoning Amendment as our current zoning does not allow for veterinary clinics/animal hospitals. Do you have time for a call on Monday to help guide me through this process? Thank you. Have a great weekend! Kris Kris Schisel Senior Associate Dir +1 952 897 7715 Main+1 952 897 77001 Fax+1 952 842 7715 kschiselAwelshco.com I www.welshco.com I X-Team Web Colliers International I Minneapolis-St. Paul 4350 Baker Road, Suite 400 Minnetonka, MN 55343 I United States 4 www.colliers.com PARTNER r TEAM A A 5 Pam Dudziak From: Stephen Miller <Stephen.Miller@banfield.com> Sent: Tuesday, June 04, 2019 3:21 PM To: Pam Dudziak Cc: Christopher Roth Subject: Banfield Pet Hospital; Potential Site in Eagan, MN Attachments: Eagan Town Centre.pdf Follow Up Flag: Follow up Flag Status: Flagged Pam — I appreciate you discussing with me yesterday our permitted use in the CSC Community Shopping Center District. What follows is a project description and additional information about Banfield Pet Hospital. Banfield Pet Hospital is interested in an existing 4,209 soft space, Suite 195 on the attached site plan, for a tenant improvement in the Eagan Town Centre at 1278 Town Centre Drive, Suite 195, Eagan, MN 55123. No outdoor facilities or exterior changes are proposed other than tenant signage. Typical Banfield Pet Hospitals provide full service veterinarian care; including diagnostic capabilities, surgery suite, and pharmacy. All activities occur within the tenant space. We do not provide outdoor amenities such as dog runs or storage yards and no grooming, long term kenneling, boarding or overnight facilities. Our hospital will primarily service the neighboring community providing a necessary service at a close and convenient location. The proposed location reduces transportation time for clients and provides a location to receive needed veterinarian care services at a convenient one-stop shopping center location. Banfield Pet Hospitals typically operate 8:00am—7:00pm, 7 days per week. Typically, an average of 30 pets daily are scheduled for appointments; approximately half of these appointments are drop-offs. Although staffing varies depending on workload, typical mature Banfield Pet Hospitals operate with a staff of 6 to 10;including Licensed Veterinarians,Veterinary technicians, and administrative support staff. As previously mentioned, Banfield Pet Hospital does not provide long term boarding, overnight stays or outdoor dog runs. All functions are fully contained within the premises minimizing impact on adjacent tenants or properties.Any potential sound transmission from within the premises is mitigated byinsulated demisingwalls providingacoustic separation 9 P between our space and adjacent tenants. Banfield Pet Hospital does not"walk" pets for pet safety reasons.We provide a pet-waste station with bags and disposal in close proximity to our entrance for customer's convenience. Please don't hesitate to contact me for additional information. Thanks, Stephen Miller Project Engineer Banfield Pet Hospital 18101 SE 6th Way, Vancouver, WA 98683 p 360-784-5248 I c 503-887-6136 14- PB flS�il PILYAL Together, we will lead a revolution in pet health and wellness. 000 "0 O 1 Confidentiality This email and any attachments may be confidential.If received in error,please do not disclose the contents to anyone,but notify the sender by return email and • delete this email and any attachments from your system. 2