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07/16/2002 - City Council Regular6 e AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 16, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA A. APPROVE minutes ~7 B. PERSONNEL items / ~ C. RATIFY check registers for July 4, 2002 and July 11, 2002 / D. APPROVE Off-Sale Liquor License for K-Liquor, Inc. r ~QE. APPROVE Change Order No. 4 -Community Center ~~ ~ F. APPROVE Request for Proposals for employee benefits including health and dental insurance and authorize advertisement. /~,~ G. APPROVE Consulting Design Firm, Project 868 (North Water Treatment Plant Expansion) I~~3 H. APPROVE Change Order No. 1 for Contract 02-16 (Cedar Grove Access Modifications - Building Demolition) ~6 I. APPROVE Change Order No. 1 for Contract 02-02 (River Hills 9~' Addition -Street Overlay) ~q J. APPROVE Change Order No. 2 for Contract 01-14 (July 2000 Storm Mitigation -Storm Sewer K ~ Improvements) p K. APPROVE Final Payment for Contract 01-08 (Well No. 20, Central Park -Well Drilling) j~ L. APPROVE 2002 New Tobacco License j~M. APPROVE 2002/2003 Massage Therapy Establishment Renewals '~N. APPROVE Ordinance to regulate the sale of phosphorus fertilizer O. APPROVE revisions to City Code Section 6.37 regarding the licensing of waste haulers P y~P. APPROVE building security consultant contract V. 6:30 -PUBLIC HEARINGS S~A. VARIANCE -DAVID P. MANNINEN. A variance request to exceed the 20 percent building coverage allowed in a residential district on Lot 13, Block 3, Sehnark Addition, located at 624 Sally Circle in the NW '/, of Section 12. ~b~B: VARIANCE - RON AND DAWN DELLA PAOLERA. A variance request from the required 30 foot front yard setbacks on a comer lot for the construction of an addition on Lot 6, Block 5, Berkshire Ponds, located at 4756 Berkshire Way in the NW '/, of Section 32. VI. OLD BUSINESS P,~ A. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT Reconsideration or Findings of Fact for Denial -Cornerstone Construction. VII. NEW BUSINESS ~~ A. REZONING, PRELIMINARY SUBDMSION AND FINAL SUBDMSION - HARLAN LANGSTRAAT. A rezoning from Agriculture to R-1 (Residential Single Family) and a Preliminary and Final Subdivision (Langstraat Addition) of approximately five acres to create one single lot and one outlot located at 1250 Deerwood Drive in the SE '/. of Section 22. ~~ B. COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY SUBDMSION, PRELIMINARY PLANNED DEVELOPMENT, - DIEDRICH BUILDERS. A Comprehensive Guide Plan Amendment, a Preliminary Subdivision (Eagan Heights Townhomes 3`a Addition) of approximately 5.21 acres to create 36 lots, and a Preliminary Planned Development to allow 36 townhome units, located on the northwest comer of Diffley Road and Hwy. 77 across from Metcalf Jr. High School in the SW '/, of Section 19. ~ 33 C. COMPREHENSIVE GUIDE PLAN, REZONING AND PRELIMINARY SUBDMSION n~ Road and 35-E in the SE '/< of Section 20. MARK GERGEN AND ASSOCIATES. A Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 441ots for townhomes, one lot for a single family dwelling and three Outlots, located north of Blackhawk Plaza between Blackhawk D. PRELIMINARY SUBDMSION & VARIANCE - TILSEN HOMES INC. A Preliminary Subdivision (Thorpe Woodland Gardens 2na Addition) of approximately four acres to create five single family lots and a Variance to allow lots without frontage on a public street for property legally described as Lot 2, Block 1, Thotpe Woodland Gardens, located at 3460 Wescott Woodlands in the NE '/. of Section 14. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAII2S UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT p a~ ~ XI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD 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. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 12, 2002 SUBJECT: AGENDA INFORMATION FOR JULY 16, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 16, 2002 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 16, 2002 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the July 2, 2002 regular City Council meeting, the July 9, 2002 special City Council meeting and the June 25, 2002 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 2, 2002 regular City Council meeting are enclosed on pages 3 through ~. • Minutes of the July 9, 2002 special City Council meeting are enclosed on pages through ~. • Minutes of the June 25, 2002 special City Council meeting are enclosed on pages through ~. MINUTES OF A REGULAR MEETING OF THE D R A F T EAGAN CITY COUNCIL Eagan, Minnesota July 2, 2002 A regular meeting of the Eagan City Council was held on Tuesday, July 2, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councihnembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA Consent Agenda items G and I were pulled for discussion. Item S was added to the Consent Agenda. An Administrative Agenda Item was added to the Consent Agenda as item T. Councilmember Carlson moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the June 18, 2002 regular City Council meeting. B. Personnel Items. 1. It was recommended to approve the hiring of Peter McIlhon and Jason Wheeler as seasonal park maintenance workers. 2. It was recommended to accept the resignation of Kathy Bartel, Dispatch Supervisor. C. Check Re isg tern. It was recommended to ratify the check registers dated June 20, 2002 and June 27, 2002 as presented. D. Tree Contractor Licenses. It was recommended to approve new Tree Contractor Licenses for Sherwood Rohde Tree, 1495 Burlington Road, Two Harbors, MN, and Sherwood Tree, 12195 Upper 167x' Street, Lakeville, MN. E. Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for Comers Liquors Limited, 3090 Courthouse Lane. F. Massage Therapy Establishment License Renewals. It was recommended to approve 2002/2003 Massage Therapy Establishment License renewals for Neuromuscular Connection, 4580 Scott Trail, Eagan, MN; and Southwest YMCA, 550 Opperman Road, Eagan, MN. G. Pulled for discussion. H. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of-way and schedule a public hearing to be held on August 6, 2002. I. Pulled or discussion. J. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of--way and schedule a public hearing to be held on August 6, 2002. K. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare a Zoning Ordinance Amendment to Chapter 11 concerning the addition of on-sale liquor as a conditional use in the Business Park (BP) zoning district., L. Ordinance Amendment. It was recommended to direct the City Attorney's Office to prepare an ordinance amendment regarding employment background checks. M. Wavier of Subdivision. It was recommended to continue the Waiver of Subdivision for a duplex lot split located at 1327 & 1329 Easter Lane, legally described as Lot 8, Block 5, Wilderness Run 5's Addition, in the NW '/, of Section 27. N. Cedar Grove Redevelopment Area Draft AUAR. It was recommended to approve the Draft AUAR for the Cedar Grove Redevelopment Area to be distributed per MN State Statute. O. Project 751R. It was recommended to approve an Easement Agreement for Project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Utility and Trail Improvements) with Dakota County for Parcel 10-03600-010-54 (Lebanon Hills Regional Park) and authorize the Mayor and City Clerk to execute all related documents. P. Cedarvale Boulevard No Parking. It was recommended to approve a resolution to prohibit parking on Cedarvale Boulevard between Silver Bell Road and Nicols Road and authorize the Mayor and City Clerk to execute all related documents. 3 Eagan City Council Meeting Minutes July 2, 2002 Page 2 DRAFT Q. Contractual Agreement with Metropolitan Airports Commission. It was recommended to approve the contract between the Metropolitan Airports Commission (M.A.C.) and the City of Eagan to allow Eagan Police Officers to work at airport checkpoints. R. Project O1-N, Manlev Addition. It was recommended to authorize the time extension of the development agreement for Project O1-N (Manley Addition -Street and Utility Improvements) to October 15, 2002. S. Expense. It was recommended to approve an expense imposed by the Metropolitan Council for the production of documents relating to the Southern Minnesota Regional Legal Services and other groups. T. Exemption from Lawful Gambling License. It was recommended to approve an Exemption from Lawful Gambling License for Eagan High School Cheer Team to hold a raffle on July 4, 2002 at the Eagan 4~' of July Fun Fest at Skyhill Park. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Item G. National Ni hg t Out. City Administrator Hedges reminded the audience of National Night Out and invited neighborhoods to participate. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the proclamation observing August 6, 2002 as National Night Out. Ayes: 5 Nay: 0 Item I. Contract 01-05. Councihnember Bakken moved, Councihnember Tilley seconded a motion to receive bids for Contract 01- 05 (Cedar Grove Access Modifications), award the contract to S.M. Hentges & Sons, Inc., for the base bid in the amount of $2,900,056.41 without Alternative #2, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT (SIGN CODE) CITY OF EAGAN City Administrator Hedges discussed this item regarding an Amendment to Chapter 4.20 of the City Code which relates to placement, erection, and maintenance of signs. Councihnember Bakken moved, Councilmember Tilley seconded a motion to approve an Amendment to Chapter 4.20 (Placement, erection, maintenance of signs) of the City Code addressing the defmition of governmental signs. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE CONSTRUCTION City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from aone-story building to a two-story building. Senior Planner Ridley gave a staff report. Eric Rhiners of Architectural Unlimited presented the modifications made to the site plan. Eight residents spoke expressing both opposition and support for the proposed project. Concerns expressed included the following: Conformity to the zoning ordinance, size of the proposed building, aesthetics, and parking. The City Council discussed zoning and use of the property. Councilmember Carlson stated she felt that property should be kept at the planned development zoning level and the building should only be one story. ~f Eagan City Council Meeting Minutes July 2, 2002 Page 3 DRAFT Councihnember Tilley expressed concern regarding on-street parking, especially given that no sidewalk exists. Councilmember Fields stated she prefers cone-story building . Mayor Awada agreed that cone-story building would be more appropriate due to the residential area. Mayor Awada encouraged the applicant to come back with a one-story plan. Councihnember Carlson moved, Councihnember Fields seconded a motion to direct the City Attorney to draft Findings of Fact for Denial of a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from aone-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE '/. of Section 16. Aye: 4 Nay: 0 (Bakken abstained) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT LOT 1, BLOCK 1 HONEY TREE FIRST ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive. Senior Planner Ridley gave a staff report. The Council discussed the proposal and on site parking. Mayor Awada requested 10-foot parking standards as opposed to 9.5 foot. Council discussed deviation from 10-ft parking requirement and the need for two trash enclosures. Applicant, Fred Sabongi, presented his site plan to the Council. He stated he prefers only one trash enclosure due to it being dumped daily. He further stated that he had reduced the building size to allow for additional parking. Council further discussed trash enclosure and parking. Councihnember Carlson asked that a condition be added that if a second trash enclosure is needed in the future, City has right to make that request. Senior Planner Ridley highlighted condition number 10 from the draft Advisory Planning Commission minutes that requires the developer to locate a second trash enclosure or relocate the single enclosure to a more central area. Councilmembers agreed with that condition and that parking stalls must be 10-foot width in new parking area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW '/. of Section 30, subject to the following conditions: Aye: 5 Nay: 0 This Amendment to the Preliminary Planned Development changes the use on Lot 1, Block 1, Honey Tree 15t Addition to an office use with five single-story buildings having a total of 21,400 square feet of office space. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City. The following exhibits are required for the Preliminary PD Agreement: • Preliminary PD Agreement • Preliminary Site/Signage Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan A Final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exhibits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Signage Plans • Final Landscape Plan • Final Lighting Plan s Eagan City Council Meeting Minutes July 2, 2002 Page 4 DRAFT 4. Minimum required setbacks are 30 feet from Erin Drive 20 feet. Parking setbacks of 20 feet are required from Erin Drive. 5. The applicant should provide evidence of the private reciprocal parking agreements for review by the City Attorney prior to Final Planned Development approval. 6. The buildings shall be constructed of design and materials consistent with the Building Elevation plans dated May 15, 2002. Final building materials and colors should be included with the application for Final Planned Development. 7. The landscape plan should be revised to add additional plant materials and greater variety in species, based on the suggestions in the staff report. 8. Detailed signage plans should be submitted with the application for Final Planned Development. All signage should be submitted with the application for Final Planned Development. All signage should be subject to City Sign Code requirements. 9. Site lighting must be duected downward with no tilt, and shielded so that the source of light is not visible from off the property. 10. A trash enclosure shall be constructed on-site according to City Code standards. The trash enclosure shall be located or a second enclosure added to the site plan to provide convenient and accessible trash storage for occupants of all buildings. 11. Parking stalls shall be ten foot in width. PRELIMINARY SUBDIVISION - ANCHOR II (ANCHOR BANK City Administrator Hedges stated that the applicant is requesting action on the Preliminary Subdivision be continued indefmitely to allow time to evaluate alternative designs. Councilmember Fields moved, Councihnember Tilley seconded a motion to continue action indefinitely on the Preliminary Subdivision, Anchor II. Aye: 5 Nay: 0 ORDINANCE AMENDMENT -CITY OF EAGAN City Administrator Hedges introduced this item regarding a Zoning Ordinance Amendment to Chapter 11 concerning garage sales. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Zoning Ordinance Amendment to Chapter 11 concerning garage sales. Aye: 5 Nay: 0 CONTRACT 02-17, CENTRAL PARKWAY & CEDAR GROVE AREA STREETSCAPING IMPROVEMENTS City Administrator Hedges introduced this item regarding the Central Parkway and Cedar Grove area streetscaping improvements. Pubic Works Duector Colbert gave a staff report, including the Council's subcommittee recommendations. Councihnember Fields asked that a color pallet come back to subcommittee via the Informative prior to Council approval. Councihnember Bakken moved, Councihnember Fields seconded a motion to use the acorn lights in the streetscaping improvements. Ayes: 4 Nay: 0 (Carlson absent) Councilmember Bakken moved, Councihnember Fields seconded a motion to approve the plans for Contract 02-17 (Central Parkway and Cedar Grove Area Streetscaping and Lighting Improvements-using acorn style lighting) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 1, 2002. Aye: 5 Nay:0 ADJOURNMENT The meeting adjourned at 7:50 p.m. into an Executive Session to consider labor negotiations. 6 Eagan City Council Meeting Minutes July 2, 2002 Page 5 VISITORS TO BE HEARD No visitors to be heard. Date DRAFT Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that 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. DRAFT MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY JULY 9, 2002 MUNICPAL CENTER COMMUNITY ROOM 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, and Fields. Councilmember Tilley was not present when the meeting convened; however she arrived at 6:45PM. Staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Police Chief Therkelsen, Parks and Recreation Director Vraa, Communications Director Garrison, Communications Coordinator Foote, Assistant City Administrator Verbrugge, Civic Arena Manager Vaughan, and Assistant to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended to continue Item III to the August workshop. Aye: 4 Nay: 0 (Councilmember Tilley absent) II. VISITORS TO BE HEARD There were no visitors to be heard. III. PRESENTATION BY DAKOTA COUNTY PARKS REGARDING METHODS TO IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT This item was continued to the August City Council workshop. IV. CLARIFICATION OF R-4 ZONING City Administrator Hedges introduced the discussion regarding staff's process in updating the City's official Zoning Map. Senior Planner Ridley addressed the Council regarding three properties that currently are inconsistent with the City's zoning map. The Council discussed options for rezoning the property. The Council directed staff to rezone the properties in question to R-3, and to give the existing property owners variances in order that their properties can remain developed as they currently are. V. CEDAR GROVE REDEVELOPMENT City Administrator Hedges introduced the item, and asked Council tb'discuss the Ryan proposal, senior housing proposals, and property acquisitions.. Jim Prosser, of Ehlers and Associates, presented an analysis of the three senior housing proposals. Eagan resident, Doris Dahline, inquired about the developers being able to build around her property and DRAFT June 25, 2002 Special City Council Minutes Page 2 parking for the senior housing development. The Council discussed the three proposals, and agreed that only Keystone would be financially feasible and beneficial for the City. The Council directed Mr. Prosser to continue discussions with Keystone in order to enter into a final development agreement within the next 60-90 days. Mayor Awada requested that Keystone remain consistent in their project description and land payment valuations as Ehlers and Associates works with them to enter into a final development agreement. Assistant City Administrator Verbrugge introduced the discussion regarding Ryan Companies' proposed 175,000 square foot "office-showroom" development for the Cedar Grove area. Ryan Companies have informed the City that they are unlikely to proceed on the project without some level of City financial assistance. The Council directed that Ehlers and Associates to inform Ryan Companies of the maximum TIF assistance that will be granted for that property, which is the valuation of the assessments on that property. The Council also directed that Mr. Prosser inform Ryan Companies of the potential outcome should the Class A office site be developed prior to the site they are considering. Assistant City Administrator Verbrugge introduced a discussion regarding redevelopment project elements and policies. The Council discussed the policies and voiced their support of the project elements and policy document as presented. VI. 2003 CIVIC ARENA BUDGET City Administrator Hedges introduced the discussion on the 2003 Civic Arena budget, and noted that the Civic Arena budget is given special consideration in advance of other Public Enterprise and General Fund Operating Budgets due to the fact that operations run more concurrent with a fiscal year starting in September, rather than the traditional calendar year. Parks and Recreation Director Vraa and Civic Arena Manager Vaughan presented the 2003 Civic Arena budget. The City Council discussed the proposed budget and capital projects. The Council directed that staff bring back to the Council the following: 1) Revenues from the three previous years, and line up the revenue columns; 2) Add the debt offset by the Eagan Hockey Association; and 3) An explanation of revenue differences over the past six years as it relates to the Renewal and Replacement Fund. Mayor Awada moved, Councilmember Fields seconded a motion to hold a special City Council meeting on July 16 at 5:30 PM, prior to the listening session, in order that staff can present the requested information on the Civic Arena Budget. Aye: 4 Nay: 0 (Councilmember Tilley absent) 9 DRAFT June 25, 2002 Special City Council Minutes Page 3 VII. WASTE REDUCTION COMMISSION REPORT & PROPOSED ORDINANCE City Administrator Hedges introduced the item, noting that over the past year the Waste Reduction and Recycling Commission (WRAC) has worked on revising City Code Section 6.37 regarding the licensing of waste haulers. Communications Coordinator Foote presented the commission's recommended revisions to the ordinance. Councilmember Tilley arrived at 6:45PM. The Council discussed the revisions, particularly the 250 household minimum that haulers must have to get a City hauler license. WRAC Vice Chair, Rick Hooppaw, discussed the Commission's perspective on the cap with the Council. A representative of Armor Waste Service was present to request a license, and noted that two licenses are currently not being used. The Council directed that the ordinance revisions be on the July 16 consent agenda for approval. Upon being approved, the Council directed that the City verify that all current licensed haulers have the required 250 household base. Additionally, the City will begin a waiting list for haulers desiring licenses. Mayor Awada thanked the WRAC members for their commitment and volunteerism. VIII. DIRECTION RE: ORDINANACE REGULATING THE SALE OF PHOSPHORUS FERTILIZER City Administrator Hedges introduced the item, noting that the State recently enacted legislation to regulate the use and sale of phosphorus fertilizer; however, the State is choosing to enforce only the use of phosphorus fertilizer. If local governments wish to enforce the sale of phosphorus lawn fertilizer when the legislation goes into effect on January 1, 2004, an ordinance must be passed prior to August 1, 2002. The Council discussed the need for the ordinance, and noted Water Quality Coordinator Macbeth's recommendation for the ordinance. The Council agreed that the ordinance will enhance the City's water quality, and save money in the long run. Councilmember Carlson moved, Councilmember Bakken seconded a motion to direct the City Attorney to prepare an ordinance, using the City of Plymouth's ordinance as a model, to regulate the sale of phosphorus fertilizer. Aye: 5 Nay: 0 IX. OTHER BUSINESS Councilmember Carlson inquired about the progress being made on senior housing in Eagan. City Administrator Hedges noted the senior housing project under discussion for the Cedar Grove area,.and also informed the Council that he was in contact with /o DRAFT June 25, 2002 Special City Council Minutes Page 4 Mark Ulfers, Director of the CDA. Mr. Ulfers has met with architects on the O'Leary site and is ready to proceed. The Council directed staff to obtain a timeline from Mark Ulfers for the O'Leary project. Mayor Awada also directed staff to ask Mr. Ulfers about the opportunity for a clothing exchange operation for Eagan, noting that there is a need for such a facility, and a location next to senior housing would be desirable due to the senior volunteer base. Eagan resident Doris Dahline inquired about asphalt bring used in the streetscaping plan for Cedar Grove Parkway. Council directed that staff inquire with Public Works Director Colbert about using concrete rather than asphalt. X. ADJOURNMENT The meeting adjourned at 7:35 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that all, persons have equal access to its prograrns, 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. // DRAFT MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY JUNE 25, 2002 MUNICPAL CENTER COMMUNITY ROOM 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken and Carlson. Councilmemebers Fields and Tilley were not present when the meeting was convened; however, both members arrived during the meeting. Staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Police Chief Therkelsen, Parks and Recreation Director Vraa, Public Works Director Colbert, Assistant City Administrator Verbrugge, and Assistant to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Special City Council meeting to take place on July 2 for the purpose of a Community Center tour, and approve the agenda as presented, including items to: 1) Discuss the amended ordinance regarding liquor license violations; 2) Discuss a map for elections sign locations; and 3) Discuss the zoning ordinance as it relates to two residential properties zoned industrial. Aye: 3 Nay: 0 (Councilmembers Tilley and Fields absent) II. JULY SPECIAL CITY COUNCIL MEETING Councilmember Carlson moved, Councilmember Bakken seconded a motion to set the July Special City Council meeting for Tuesday, July 9. Aye: 3 Nay: 0 (Councilmembers Tilley and Fields absent) III.VISITORS TO BE HEARD Residents of the Fairway Hills neighborhood addressed the Council regarding standing water in their yards following the recent rainstorms and after storm mitigation improvements were made on their properties. The residents showed a video to the Council of the water that pooled in their yards during a recent rainfall. The Council discussed possible options with Public Works Director Colbert, and noted that the purpose of the mitigation was to prevent flooding, but not backyard drainage. Councilmember Tilley arrived at 6:10 P.M. The Council noted that any improvements to be made to the property might need to be paid for privately. The Council directed Public Works Director Colbert to do the modeling of the property again to verify the properties' flood risk and verify the North and South water flow. Colbert will bring the findings back to the Council for their review. is DRAFT June 25, 2002 Special City Council Minutes Page 2 IV. DISCUSS PROPOSED ZONING ORDINANCE UPDATE City Administrator Hedges introduced the discussion on the proposed zoning ordinance, and noted that at their regular meeting on May 21, 2002, the City Council continued this item to a June 2002 Special meeting. The APC, at their April 23, 2002 meeting, recommended the approval of the zoning ordinance amendment. The Council discussed the intent of the proposed amendment, and the right of future City Councils to decide on zoning regardless of the original intent of the amendment. Council directed Senior Planner Ridley to speak to the City Attorney regarding the inclusion of intent into the amendment; that being to accommodate difficult to develop property and existing subdivisions, open space purposes, or to accommodate potential downzoning. Council directed Senior Planner Ridley to brief the Council's subcommittee (Councilmembers Bakken and Carlson) on the City Attorney's findings, and if necessary, provide a revised ordinance that includes intent for the subcommittee's review. Once the subcommittee has reviewed the document, it will be brought back to the Council as a whole for their consideration. V. REVIEW CEDAR GROVE AUAR City Administrator Hedges introduced the executive summary of the Alternative Urban Area-wide Review (AUAR) for the Cedar Grove Redevelopment Area. Assistant City Administrator Verbrugge presented a summary of the findings, and proposed timeline and process for the AUAR. Verbrugge noted that following the 30-day public comment period, the AUAR will come back to the City Council for their consideration in September. VI. REVIEW COMMUNITY-WIDE SURVEY City Administrator Hedges introduced representatives of Decision Resources, Ltd. (DRL), who was selected to administer the 2002 Eagan Community-wide survey. DRL presented questions and topic areas to the City Council. The Council discussed topic areas to be included in the survey. Communications Director Garrison was present to answer any questions of the Council regarding the survey. Garrison stated that DRL will submit the final survey to City staff for approval, and upon approval, the survey will be administered in July so that results can be obtained by early August. /3 DRAFT June 25, 2002 Special City Council Minutes Page 3 VII. REVIEW PROPOSED POLICIES RE: COMMUNITY CENTER OPERATIONS City Administrator Hedges presented a summary of the June 3 Community Center Operations Committee. The Council, with Parks and Recreation Director Vraa, discussed the use of the Community Center by the Eagan Convention and Visitor's Bureau (ECVB) and the remaining space that is not to be used by the Chamber of Commerce. The Council agreed that they are comfortable with the decisions of the subcommittee and directed staff to explore options for the use of the available space, including the possibility that anon-profit entity could become a tenant. Parks and Recreation Director Vraa distributed sample plaque designs to be displayed in the Community Center. The Council discussed the two designs and provided staff with direction on their preferred design. Vraa noted that a ribbon cutting would most likely take place in September 2002. VIII. UPDATE & DISCUSSION RE: REVERSE 9-1-1 City Administrator Hedges introduced the discussion regarding Reverse 9-1-1, noting that the item is a part of the City Council's goals for 2001-2002. Police Chief Therkelsen presented a summary of the recent study that was done on rapid outbound telephone notification systems. At the recommendation of Councilmember Bakken, the City Council directed staff to budget for a subscription service for nine months, or up to one year. After that time, Council and staff could then review the service to determine whether to continue, abolish, or change services. Council also directed that Reverse 9-1-1 will be included in the 2003 budget proposal and will compete with other budget items during Council consideration. IX. STATUS UPDATE ON WESCOTT SQUARE Councilmember Fields arrived. City Administrator Hedges introduced Doug Mayo of CommonBond Communities, David MacGillvray and Bruce Kimmel of the City's fiscal consultant Springsted, and Assistant City Administrator Verbrugge to provide the Council with an update on the redevelopment opportunities at Wescott Square. Verbrugge briefed the Council on the changing market at Wescott Square, noting that units at Wescott Square had recently been sold for over $100,000. Doug Mayo informed the Council that with the inflated acquisition prices, it would not be financially feasible for CommonBond to redevelop Wescott Square at this time, without financial assistance. Bruce Kimmel, of Springsted, presented the option proposed by Jeff Johnson, a current owner of Wescott Square, which /~} DRAFT June 25, 2002 Special City Council Minutes Page 4 would have the City purchase Wescott Square by issuing $23.6 million in bonds. The City Council discussed the redevelopment options for Wescott Squaze. The Council agreed that the redevelopment project would be possible if the development were to go to market rate; however, the Council expressed their desire to retain Wescott Squaze as affordable housing. The Council expressed their disappointment that redevelopment by CommonBond would not be feasible at this time; however, should the unit acquisition prices become more favorable, the City and/o CommonBond may wish to explore the redevelopment of Wescott Square in the future. The Council also inquired with Police Chief Therkelsen about crime rates at Wescott Square. Therkelsen noted that calls for service have increased at Wescott Square as of late. Per the direction of the Council, Therkelsen will continue to monitor crime rates at Wescott Square. X. DISCUSS RE: RESIDENTIAL PROPERTIES ZONED INDUSTRIAL Councilmember Carlson discussed with the Council two residential properties in Eagan that are currently zoned industrial, but are listed as residential in the City's comprehensive Guide Plan. The Council directed that staff notify the two property owners that the City Council will be considering a change of use of the property in order to ensure that the zoning and comprehensive guide plan are compatible. The APC will consider the two properties' zoning and comprehensive guide plan designations at the July 23 APC meeting, prior to Council consideration. XI. DISCUSSION RE: LIQUOR LICENSE VIOLATIONS Councilmember Carlson addressed the Council on two establishments in Eagan that contacted her regazding the change in the City's liquor license violation penalties, and specifically, whether the City could directly fine the individual offender, such as the bartender or server. The Council discussed the new penalties, and agreed to continue fining the establishment, and allow the criminal system to handle the individual offenders. XII. DISCUSSION RE: MAP OF WHERE ELECTION SIGNS ARE ALLOWED Councilmember Carlson requested a map be available to display where signs aze legal, given the recent changes to the City's sign ordinance. Staff informed the Council that every Mayoral and City Council candidate will be given a packet of information, which will include a map of where signs are and are not allowed. The Council agreed that the City must take a zero tolerance policy in enforcing the sign ordinance. Communications Coordinator Garrison noted that a map and information about the sign ordinance could be /S DRAFT June 25, 2002 Special City Council Minutes Page 5 included as an upcoming newsletter item. The Council directed additional staff (police, filed inspectors, and street maintenance employees) be trained on sign enforcement. XIII. OTHER BUSINESS City Administrator Hedges briefed the Council that Mark Ulfers, of Dakota County CDA, informed the City that at this time he would like to look at the O'Leary site for additional senior housing, as opposed to expanding the Cliff site. The Council directed staff to contact Mr. Ulfers to further discuss his building plans. XIV. ADJOURNMENT The meeting adjourned at 8:35 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (TDD phone: 651-454-8535). The City of Eagan is committed to the policy that 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. /6 Agenda Information Memo July 16, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal GIS/GPS Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Lindsay Dahl as a seasonal GIS/GPS Intern. /7 Agenda Information Memo July 16, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 4, 2002 and July 11, 2002 as presented. ATTACHMENTS: • Check registers dated July 4, 2002 and July 11, 2002 are enclosed without page number. /~' Agenda Information Memo July 16, 2002 D. APPROVE OFF-SALE LIQUOR LICENSE FOR K-LIQUOR, INC. ACTION TO BE CONSIDERED: To approve the off-sale liquor license for K-Liquor, Inc., 1274 Lone Oak Drive. FACTS: • Phal Paula Ku and Khonesavanh Souphanthavong have applied for anoff--sale liquor license with the City of Eagan. They are the only two officers of the corporation and will be operating K-Liquor, Inc. under the name K-Liquor. • The off-sale will be located at 1274 Lone Oak Drive. • The required documents have been submitted and have been reviewed and deemed in order by City staff. • The Police Department has conducted an investigation on the owners and does not find any reason to deny the applicants the off-sale liquor license. ATTACHMENTS: • Memo from Police Department regarding background check enclosed without page number. • Application enclosed without page number. /9 Agenda Information Memo July 18, 2002Eagan City Council Meeting E. APPROVE Change Order Number 4 Community Center ACTION TO BE CONSIDERED: To approve change order number #4 to the Eagan Community Center in the total amount of $45,729 FACTS: Change order number 4 is being recommended for approval after review by the Architect, Construction Manager and staff and consists of the following items: 1) Structural Revisions PCO 1040, 1045, 1047, 1O50A, 1058, 1059 and 1060 These changes were required to facilitate the continued evolution of the structural design and the various associated components discovered through the RFI (Request for Information) process. ADD $ 4,956.00 to Contract #OS -Ben's Tool and Iron ADD $20,994.00 to Contract #06 -Hawk and Son's 2) Mechanical and Electrical Revisions PCO 1010 This change modified and added electrical fixture(s) types to the facility in accordance with TKDA Proposal Request #03. ADD $7,865.00 to Contract #36 -Peoples Electrical PCO 1032 This change added a floor drain and hose bib connection into the Children's Playspace # 139 in accordance with TKDA Proposal Request #04. ADD $2,198.00 to Contract #34 - NorWern Air Corporation PCO 1052 These changes modified the rain leader overflow piping from 6" to 8" as well as added an 8" downspout in accordance with RFI's #016 and 017. ADD $3,693.00 to Contract #34 -Northern Air Corporation PCO 1053 This change added and modified the ductwork, louver, damper and intake hood systems in support of Exhaust Fan #OS (EFS) in accordance with RFI #055-SSA. ADD $6,OZ3.00 to Contract #33 - Javens Mechanical TOTAL these changes $45,729 00 To be funded from Contingency ao Agenda Information Memo July 16, 2002, Eagan City Council Meeting F. APPROVE REQUEST FOR PROPOSALS FOR EMPLOYEE BENEFITS INCLUDING HEALTH AND DENTAL INSURANCE AND AUTHORIZE ADVERTISEMENT ACTION TO BE CONSIDERED: To approve request for proposals for employee benefits including health and dental insurance and authorize advertisement. FACTS: • The City is required to request proposals for health insurance coverage every five yeazs. An 1tFP was last completed in 1998 to cover the plan years 1999, 2000, 2001, 2002, and 2003. • Given the recern and projected increases in premiums, the City's consultant, Jeff Azen of James Bissonett i& Associates, Inc., has recommended that the RFP process be completed one yeaz early. • RFP's for both health insurance and dental insurance have been developed by the City's Insurance Committee consisting of representatives from all City departments and bargaining units along with the consultants. • The Committee has developed the dental RFP at the request of employees with the understanding that any City Contribution to dental insurance premiums would resuh in a reduction from the City contribution to the heahh insurance premiums. • There is an expectation within the Committee that the RFP process will probably result in a total carrier replacement for health insurance meaning that there would only be one provider rather than the two options currently available. • The ItFP's will be due August 23, 2003. The Committee has scheduled two meetings in September to review the proposals with a recommendation scheduled to come before the City Council at their October 15, 2002 meeting. Open enrollment would be conducted in November and the benefit plan would be effective on January 1, 2003. ATTACHMENTS: • Enclosed without page number are the Health and Dental Insurance RFP's as proposed by the City's Insurance Committee. a~ Agenda Information Memo July 16, 2002 Eagan City Council Meeting G. PROJECT 868 CONSULTANT SELECTION -COACHMAN WATER TREATMENT PLANT EXPANSION ACTION TO BE CONSIDERED: Approve retaining the firm of SEH, Inc. to perform technical design and construction engineering services for Project 868 (Coachman Rd. Water Treatment Facility -expansion and renovation) and authorize the Mayor and City Clerk to execute all related contract documents. FACTS: • Project 868 provides for the expansion and renovation of the City's north Water Treatment Plant located on Coachman Rd. to accommodate the community's planned growth and projected demands for potable water. This improvement has been long identified and programmed in both the City Comprehensive Water Supply and Distribution Plan and the Capital Improvement Program since 1998. • On Mach 19, the City Council authorized the Howard R. Green (HRG) firm to assist the City in preparing a detailed Scope of Services (SOS) and a formal Request for Proposal (RFP) to use in the solicitation of professional design firms. In response to this solicitation, 3 local firms submitted proposals for consideration. They were Bonestroo, Rosene, Anderlik & Assoc. (BRAA); Short, Elliot, Hendrickson (SEH) and Toltz, King, Duval, Anderson & Assoc.(TKDA). All three firms were experienced in this type of work as well as with the City of Eagan. Two of the firms (BRAA & TKDA) partnered with two other national firms (CH2MHi11 & CDM, respectively) under joint proposals. A sixth firm (Black & Veatch of Kansas City) chose not to submit a proposal. On July ] 0, all three firms were interviewed by a staff committee consisting of the City Administrator, Public Works Director, City Engineer, Supt. of Utilities, Water Production Supervisor and monitored by representatives of HRG. • As a result of a detailed analysis of all information provided and related reference checks, it is the committee's recommendation that the firm of SEH Inc. be retained to provide the necessary technical services for the design, construction and contract management of Project 868 for the North Water Treatment Plant, subject to the execution of an acceptable contract prepared by the City. as Agenda Information Memo July 16, 2002 H. CONTRACT 02-16. CEDAR GROVE ACCESS MODIFICATIONS BUILDING DEMOLITION ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-16 (Cedar Grove Access Modifications -Building Demolition) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-16 provides for the demolition of the Twin City Poultry (3810 Sibley Memorial Highway) and Express Donuts (3808 Sibley Memorial Highway) buildings in preparation for Contract O 1-05. • Contract O1-OS will provide for the intersection modifications of Trunk Highway (TH) 13 and Silver Bell Road and Silver Bell Road, Cedarvale Boulevard and Cedar Grove Parkway (Beau D'Rue), including median improvements and a new traffic signal at this new intersection, associated utility improvements and streetscaping, all as part of the Cedar Grove (Cedarvale) redevelopment efforts, and as outlined and discussed in the feasibility report (Project 800R). • The revisions detailed in Change Order No. 1 address changes in Contract 02-16 including the removal of additional asbestos flooring, transite pipe and a hydraulic vehicle hoist. All of these items were concealed by existing components of the Twin City Poultry building structure and were not indicated in the preliminary inspection completed by the City's consultant. An extra set of utility service lines were also discovered during the demolition. • Due to state and federal regulations regarding the handling of asbestos material, the asbestos flooring and transite pipe must be carefully removed and separated from the typical construction demolition material. • The hydraulic vehicle hoist was discovered under the existing concrete floor of the building. Its removal and the removal of the associated fluids are necessary for the redevelopment of the site. • Sanitary sewer and water services for the Twin City Poultry building were provided from Cedarvale Boulevard. An unused set of utility services was discovered on the Cedar Grove Parkway (Beau D'Rue), side of the building. The removal of these service lines would complete their proper abandonment. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. • 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 a cost increase of $9,447.60 (15.85% of original contract). The associated expenditure will be the responsibility of the City's Major Street Fund. ATTACHMENTS: • Change Order No. 1, pages ~ and a3 .sue .~~ city of eagan CONTRACT #: 02-16 CHANGE ORDER #: 1 PROJECT #: NIA DATE: July 5.2002 PROJECT NAME: Demolition and Building Removal !Commercial) PROJECT DESCRIPTION Demolition and complete building removal of commercial buildings located at 3808 and 3810 Sibley Memorial Highway. CONTRACTOR: Lloyd's Construction Services ENGINEER: City of Eagan 7207 West 128 Street 3830 Pilot Knob Road Savagg, MN 55378 Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: The removal of additional asbestos flooring, transite pipe, buried car hoist, hazardous fluids, and associated equipment time and trucking. Also, additional water and sewer service was capped at 3835 Beau D'Rue Drive. (Twits City Poultry building had two addresses and two water and sewer services. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The listed items were not detected at the time of the asbestos and hazardous waste survey. The items and prices are justified due to the extra time needed for its removal and the requirement of proper disposal. DESCRIPTION OF WORK TEEMS: ITEM UNIT Asbestos flooring removal S.F. Plus ] 0% -Contr. markup 12" Transit pipe removal Plus 10% - Contr markup Excavator 300 Excavator 330 w/Demo Fro Transite Pipe Disposal Fec Trucking for pipe disposal Pumping Hazardous Fluids Excavator 300 -Hoist Removal Excavate and cap additional water and sewer service at 3835 Beau D'Rue Drive QTY 1200 L.F. 400 Hour 10 Hour 2 Ton 0.96 Hour 3 L.S. 1 Hour LS. i UNIT PRICE $ 1.00 5 10.00 5150.00 5250.00 5 65.00 $ 70.00 5805.20 5150.00 5500.00 TOTAL CHANGE ORDER #1 NOTE: All additional cots were assa:iated with the poultry building. DOLLAR A.'4iT $1,200.00 ~0. 0 $1,320.00 54,000.00 400.00 54,400.00 51,500.00 $ 500.00 5 62.40 S 210.00 $ 805.20 $ 150.00 $ 500.00 S9,-t~17.60 aq 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 lone 25.2002 Percent Increase or Decrease for this Change Order to Original Contract Amount: 51 85% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount 15. RECOMMENDED FOR Project Man er City Departrn Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION I -City 2 -Contractor I -Engineer G:CHANGE ORDERSR002/02-16 A ICommercul Darn AM U T 559.600.00 S 9.447.60 S 0.00 S 9,447.60 Z 9,447.60 S 69.047.60 ~;Z~~.-- By. Contractor Date: ~- /O ' O ~ as Agenda Information Memo July 16, 2002 Eagan City Council Meeting I. CONTRACT 02-02, CEDAR CLIFF/ MARI ACRES/ RIVER HILLS 9T" POST/ RUSTIC HILLS/ OSTER ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-02 (Cedar Cliff/ Mari Acres/ River Hills 9`~/ Post/ Rustic Hills/ Oster Additions -Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-02 provides for the bituminous overlay of the streets in the Cedar Cliff/ Mari Acres/ Rustic Hills and Oster Additions neighborhoods and the bituminous resurfacing of the streets in the River Hills 9`'' and Post Additions neighborhoods, as authorized by the City Council under City Projects 794, 796 and 852. • The change order provides for the bituminous overlay of an additiona1485 feet of Metcalf Drive from south of Clark Street to Cinnamon Ridge Trail, adjacent to the River Hills 9"' Addition. The construction was added to maintain this portion of street in similar condition to the remainder of Metcalf Drive within the River Hills 9`h Addition. • The additional work under this change order was completed under negotiated unit prices, comparable to other bid unit prices on City projects for similar work. • The 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 approximately $2,801.40 (0.62% of original contract). The typical assessable properties (i.e. Cinnamon Ridge Addition) were not included in the original project scope or related public hearings. Therefore, the Major Street Fund will carry these costs in the interim until the Cinnamon Ridge neighborhood is rehabilitated and then included in the future assessable costs currently programmed for 2004. ATTACMENTS: • Change Order No. 1, pages~through~. a6 ~ ~ .f~T a :* ~~a ~r city of eagan CONTRACT #: 02-02 PROJECT #: 794 PROJECT NAME: River Hills 9~ Addition CHANGE ORDER #: 1 DATE: July 8.2002 PROJECT DESCRIPTION: The construction of curb replacement, bituminous reclamation, and the paving of bituminous base and wear courses. CONTRACTOR: Ace Blacktog, Inc. 7280 Dickman Trail Inver Grove Heights. MN 55076 DESCRIPTION OF CHANGE ORDER WORK: Additional 485 feet of roadway added to overall project. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: 4150 Olson Memorial HWY. Suite 300 Minneapolis. MN 55422 Additional footage added on Metcalf Drive to meet at the intersection with Cinnamon Ridge. The 485 feet completed the development and avoided a joint in the middle of the street. Milling was completed instead of reclaiming because the new base course was already down on the rest of the River Hills 9~ development. DESCRIPTION OF WORK ITEMS: ITEM UNIT I Qom' I Ri('F. ~ AMC/i1NT Millin Full De th and Re-sha in SY 1,334 $2.10 $2,801.40 TOTAL CHANGE ORDER AMOUNT $ 2,801.40 ENGINEER: WSB & Associates, Inc. F.•\WPWINV380.01\ChanaeOrJerNo. l.doc CONTRACT STATUS Original Contract: Change Order: TIME/COMPLETION DATE Aueust 1.2002 Julv 8.2002 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: 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: RECOMMENDED FOR APPROVAL: By: ~ ~~ David E. Hutton, P. ., Project Manager $y; ~-- ? - 1 1-~ Z City Departm t Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 -City 2 -Contractor 1 -Engineer ~~ 0.62 % 0.62 % AMOUNT $452.741.25 $ 2.801.40 $ 0.00 $ 2.801.40 $ 2,801.40 $ 455.542.65 sy: ' !7 ~~ ~~~. Contractor Date: ~' ~ -U 'L F:\WPWlNV 380-0!\Chande Order No. l.doc i Agenda Information Memo July 16, 2002 J. CONTRACT 01-14, JULY 2000 STORM MITIGATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 01-14 (July 2000 Storm Mitigation Improvements -Misc. Areas #1, 4, 5 & 10) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-14 provides storm water drainage system mitigation improvements in areas affected by the July 2000 Super Storm (Areas #1, 4, 5 & 10), as outlined and discussed in the Preliminary Design Report (April 2001), including the River Hills area (Project 838) and Hilltop Pond near Diffley Road and Pilot Knob Road. • The change order deletes the storm system maintenance improvements in both the River Hills area and Hilltop Pond from Contract 01-14. This deletion is due to the inability of the contractor (Lametti & Sons, Inc.) to complete the work during the past winter season. The relatively mild winter conditions did not provide the frozen pond and soil conditions necessary to complete the maintenance work in those two areas. • This work is proposed to be deleted from Contract 01-14 at the contractor's request. This work has been re-bid and awarded to Danner, Inc. under Contract 02-13. • The cost of the work deleted is consistent with bid prices received for Contract 01-14. The cost of the work awarded to Danner, Inc. under Contract 02-13 was $135,315.00, only a very slight increase from the work to be deleted from Contract 01-14. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order deletes costs of $135,300.00 (16.9°/a of original contract). The associated cost will be the responsibility of City Storm Water Fund. ATTACHMENTS: • Change Order No. 2, pages ~ through a9 •r ~1-~~ CHANGE ORDER NO. 2 CLIENT PROJECT N0.831 CL[ENT CONTRACT NO.OI-14 BRA FILE N0.49-O1-113 PROJECT DESCRIPTION JULY 2000 STORM MITIGATION IMPROVEMENTS Lametti & Sons [nc. 16028 Forest Blvd. N. P. O. Box 477 Hugo, MN, 55038 Date: June 21, 2002 Engineer: Bonestroo, Rosene, Anderlik & Associates, Inc. 2336 West Highway 36 St Paul, MN 55113 DESCRIPTION OF CHANGE ORDER WORK: This Change Order provides for the deletion of Part 7 River Hills -Maintenance (Project No. 838) and Part S HilRop Pond - Maintenance from the contract. JL'STIF[CATION FOR /PURPOSE OF CHANGE ORDER With the lack of a severe winter, the Contractor was unable to do the work. With the request of the Contractor the work was delayed. Contract Unit Total ~o. ltcm Unit Quantity Price Amount CHANGE ORDER VO. 2, Part 7 -River Hllls -Maintenance (Project No. 838) 1 Vtobili7ation LS 1 (59,000.00) (59,000.00) 2 TrafTic control LS 1 (5850.00) (5850.00) 3 Clear and grub LS l (53.500.00) (53.500.00) 4 Remove storm sewer pipe LF 90 (510.00) (5900.00) 5 Remove manhole or catch basin EA I (5250.00) (5250.00) 6 Salvage and reinstall ex. 12" RCP storm sewer LF 60 (540.00) (52,400.00) 7 Salvage and reinstall ex. I S" RCP storm sewer LF 40 (550.00) (52.000.00) 8 Connect to existing storm sewer FA I (5450.00) (5450.00) 9 Skimmer structure ~ ' EA I (53,500.00) (53,500.00) 10 4' diameter storm sewer MH EA l (52,500.00) (52,500.00) 1 I 4' storm sewer manhole overdepth LF 1.4 (S 125.00) (S 175.00) 12 Clazs ll[ random riprap CY ZO (575.00) (51,500.00) 13 Common borrow (LV) CY 1000 (52.00) (52.000.00) 14 Pond Excavation (E~ CY 5250 (54.50) (523.625.00) 1> Grade overflow LS 1 (52,000.00) (52,000.00) l6 Improved pipe foundation LF 100 (53.00) (5300.00) l7 Strcet Sweeper with pick up broom with operator _ HR 2 (575.00) (5150.00) 18 Wa[er for dust control 1000 GAL 1 S (530.00) (5450.00) 19 Structure marker sign EA 3 (535.00) (S 105.00) +9oi i isctto: x~ t;~o Coatraet Unlt Toul No. Item Ualt Qaaetiry Priee Amount 20 Seeding, w/:rln/DOT seed miz 60A AC 2 (53,000.00) (56,000.00) 21 Sodding, lawn type SY 1700 (54.00) (56,800.00) 22 Topsoil borrow (LV) CY 700 (S 12.00) (58,400.00) Total CHANGE ORDER NO. 2, Part 7 - River Hills - Mainteaaace (Project No. 838) (576,855.00) CHANGE ORDER NO. 2, Part 8 -Hilltop Poad - Malateaance 23 Pond excavation (LV) - Area A CY 670 (S 10.50) (57,035.00) 24 Pond excavation (LV) - Area B CY 30 (S 12.00) (5360.00) 25 Pond excavation (LV) - Area C CY 50 (S 12.00) (5600.00) 26 Pond excavation (LV) - Area D CY 560 (S 10.00) (55,600.00) 27 Remove bog (L~ CY 3900 (S 11.50) (544,850.00) Total CHANGE ORDER NO. 2, Part 8 -Hilltop Pood - Maiateoaace (558,445.00) Total CHANGE ORDER NO. 2, Part 7 -River Hills -Maintenance (Project No. 838) Total CHANGE ORDER NO. 2, Part 8 -Hilltop Pond -Maintenance Total CH.~NGE ORDER NO. 2: r (576,855.00) (558,445.00) (5135,300.00) woi i uttio: ,v 3 , CONTRACT STATUS TIS1E/COMPLETION DATE AMOUNT Oringal Contract: $802,372.00 Change Order: ($135,300.00) Subtotal of Previous Change Orders: $194,910.00 This Change Order: ($135,300.00) New Subtotal of all Change Orders: $59,610.00 Revise Contract: $861,982.00 Percent Increase or Decrease for this Change Order ~ to Original Contract Amount: -/Iv,SEj%_~y'~/a Percent Increase or Decrease for total of all Change ~/J Orders to Original Contract Amount: ~r ~--3 % 09'7 RECOMMENDED FOR APPROVAL • n ' ~ ,J ~ t, B Date: -7 - e~ - p Z B . Projecr Manager Conrrncto~ By: ~~--- ~ Date: 7 - ! I - 0 2 Cirv Depurrmenr.Nanager City ojEagan Council Action: ,bfaror: Clerk: Approti~af Dare: Distribution cc: 1 -City 2 -Contractor 1 -Engineer I -Bonding Company Z_ 490111JCM02 xls Agenda Information Memo July 16, 2002 Eagan City Council Meeting K CONTRACT O1-08 WELL NO 20 CENTRAL PARK WELL DRILLING ACTION TO BE CONSIDERED: To approve the final payment for Contract 01-08 (Well No. 20, Central Park Well Drilling) in the amount of $17,459 to E.H. Renner & Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 01-08 provided for the drilling and development of Well No. 20 located on the east side of Central Park near Pilot Knob Road, north of Central Parkway. • The related well house structure is currently being constructed under a separate contract in conjunction with the Park pavilion building. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ,33 AGENDA MEMO JULY 16, 2002 CONSENT AGENDA: L ~ ~ 2002 New Tobacco License ACTION TO BE CONSIDERED: Approve 2002Tobacco License for Tobacco Outlet (formerly Tobacco Etc.), 1480 Yankee Doodle Road. FACTS: • The application has been reviewed by staff and deemed in order. 3y AGENDA MEMO JULY 16, 2002 CONSENT AGENDA: ~I, ~. 2002/2003 Massage Therapy Establishment Renewals ACTION TO BE CONSIDERED: Approve 2002 / 2003 Massage Therapy Establishment Renewals for Kristal Spa and Salon, 1380 Marice Drive; Divine Touch Massage Center, 2130 Cliff Road; and Life Time, 1565 Thomas Lake Drive. FACTS: • The applications for renewal have been reviewed by staff and deemed in order. 3s Agenda Infom~ation Memo July 16, 2002 CONSENT AGENDA ~. I~• APPROVE AN ORDINANCE TO REGULATE THE SALE OF PHOSPHORUS FERTILIZER ACTION TO BE CONSIDERED: To approve an ordinance regulating the sale of phosphorus lawn fertilizer. FACTS: • This past April, the Minnesota Legislature passed legislation (SF-1555) regarding the use and sale of phosphorus fertilizer. • The legislation gives the state authority to regulate both the use and sale of phosphorus lawn fertilizer; however, the state has opted not to exercise their authority over the sale of the fertilizer when the bill goes into effect on January 1, 2004 • Therefore, with the passage of SF-1555 into law, local governments have until August 1, 2002 to enact ordinances regulating the sale of phosphorus lawn fertilizer if they want this authority to continue after January 1, 2004. • Per the direction of the Council at the July 9 City Council meeting, the City Attorney's office prepared an ordinance to regulate the sale of phosphorus lawn fertilizer. • Per the direction of the City Council at the July 9 meeting, the City of Plymouth's ordinance to regulates phosphorus lawn fertilizer was used as a model ordinance. ATTACHMENTS: • Attached on page ~ is the proposed ordinance to regulate the sale of phosphorus lawn fertilizer. 36 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MIlVNESOTA, AMENDING EAGAN CTfY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.51 REGARDING SALE OF TURF FERTII.IZER; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.51 to read as follows: 6.51. Sale and Display of Lawn Fertilizer. No person, firm, corporation, franchise, or commercial establishment shall sell or display for sale any lawn fertilizer, liquid or granular, that contains any amount of .phosphorous or other compound containing_phosphorous, such as phosphate, within the City unless: (a) Phosphorous-free fertilizer is also available for sale; (b) Phosphorous-free fertilizer and fertilizer with phosphorous are separatel~isplayed with each di~l~ being clearlymarked as to whether or not the fertilizer contains phosphorous: (c) Displays of phosphorous-free fertilizer are of equal or greater size and prominence; and (d) A sign or brochure is on prominent display next to any fertilizer displaYcontaining the City of Eagan's regulations concerning the use of fertilizer with phosphorous. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Patricia E. Awada Its: Mayor 3~ Agenda Information Memo July 16, 2002 Eagan City Council Meeting O. APPROVE REVISIONS TO CITY CODE SECTION 6.37 REGARDING LICENSINOF WASTE HAULERS. ACTION TO BE CONSIDERED: Approve revisions to City Code section 6.37 regarding licensing of waste haulers. FACTS: At the direction of the City Council, the Waste Reduction and Recycling Advisory Commission worked with the City Attorney and a number of Eagan waste haulers to identify revisions to the City Code chapter 6.37. The proposed revisions serve the following six primary functions: o To provide language which reflects current practices and removes dated information; o To clarify hauling districts by type and by area; o To create a more enforceable ordinance for licensing staff; o To clarify the language regarding the non-transferability of residential licenses; o To provide for a waiting list to be kept by the City of Eagan and that preference be given when certain types of ownership transitions occur; and o To create a mechanism which ensures that licensed residential haulers are actually utilizing their licenses and providing service to the citizens of Eagan. • The City Council reviewed the proposed revisions at its July 9, Special City Council workshop and recommended that the revisions be adopted as ammended. ATTACHMENT: Proposed revisions to City Code section 6.37 ~/ 38 city of eagan MEMO MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATION COORDINATOR DATE: JULY 2, 2002 SUBJECT: ORDINANCE 6.37 REVISION As you are aware, the Waste Reduction and Recycling Commission has been working to make revisions to the City Code, Section 6.37 regarding the licensing of waste haulers. The recommended revisions serve six primary functions: A) To provide language which reflects current practices and removes dated information; B) To clarify hauling districts by type and by area; C) To create a more enforceable ordinance for licensing staff; D) To clarify the language regarding the non-transferability of residential licenses; E) To provide for a waiting list to be kept by the City of Eagan and that preference be given when certain types of ownership transitions occur; and F) To create a mechanism which ensures that licensed residential haulers are actually utilizing their licenses and providing service to the citizens of Eagan. The Commission has worked with the City Attorney, a number of impacted waste haulers, and staff to identify the needed revisions and in drafting appropriate language to meet these needs. While evaluating the ordinance section, the Commission discussed Subdivision 5 which pertains to the licensing of waste transfer stations (this subdivision of the ordinance is included as the last page of the attachment). The Commission agreed that this subdivision relates to a variety of zoning code issues which have been of some concern in previous transfer station application situations. The Commission members therefore offer their recommendation that this subdivision be further evaluated by the Advisory Planning Commission if the City Council deems this to be the appropriate action. The Commission now respectfully submits these recommendations for review by the City Council. If you have questions or require further information, please do not hesitate to contact me. mmunications Coordinator 39 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Joanna Foote, Communications/Recycling Coordinator FROM: Sharon K. Hills, City Attorney DATE: July 1, 2002 RE: Garbage Hauler License Requirements Our File No. 206-5943 In accordance with the requested revisions by the Waste Reduction Recycling Advisory Conunission at its June 20, 2002 meeting, please find enclosed a revised ordinance amendment for Section 6.37. If you have any questions or further revisions, please do not hesitate to contact our office. SKH/jlt ~o DRAFT/7.1.02 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.37 REGARDING GARBAGE, REFUSE AND RECYCLING HAULERS REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing the following definitions in Section 6.37, Subd. 1, to read as follows: D. Targeted recyclables means materials metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cazdboazd, plastics (as defined by the county), office paper and mail, magazines, catalogs or other materials as defined by council resolution. F. Single ,family/multiple dwellin~~individual household service hauling means garbage, refuse and recycling hauling services in which the hauler specifically services an individual residential dwelling unit for the pickup of gazbage, refuse or recyclables of that individual residential dwelling unit at that specific unit, regardless of whether it is asingle-family dwelling or a dwelling unit within a multiple dwelling unit structure. G. Commercial/multiple dwelling-commingled service hauling means garbage, refuse or recycling hauling services provided to any commercial establishment or any multiple dwelling units of which all residents commingle their gazbage and refuse in a dumpster or other similar container for shared pickup service by the hauler or commingle their recyclables in a dumpster or other similar container for shared pickup service by the hauler. J. Daily residential hauling district means a residential area in which garbage, other refuse, recyclables and yard waste are collected on the same day, the boundaries and day of collection of which are defined hy~-astie~ as follows: ~ Monday Residential Hauling District - anv area in the City north. of Dffley Road and west of Lexington Avenue *,r,..,a°-~ °~"°°*~~^; (ii) Wednesday Residential Hauling District - any area in the City south of Diffley Road and east west of Lexington Avenue ;and (iii) '{% DRAFT/7.1.02 Friday Residential Hauling District -any area in the City east of Lexington Avenue Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(A), to read as follows: A. Hauler licenses shall be granted only upon the condition that the licensee has watertight packer-type vehicles or, in the case of recycling and construction or demolition debris haulers, appropriate container vehicles in condition to prevent loss in transit of liquid or solid cargo; that the vehicle be kept clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. All hauler licenses shall be subject to the following requirements: 1. There shall be fear three license categories defined by the type of account served: (1) commerciaUmultiple dwelling=commingled service hauling, (2) single family/multiple dwelling individual household service hauling, ,and (-43) construction and demolition debris haulin . 2. CommerciaUmultiple dwelling_commingled service and ~esidex~i-al duel-ling single famil~multi~le dwelling-individual household service hauling licenses include ~+y~ recycling hauling_services~isei3ses. 3 v°~:a°r*~^' a•=~°"~^^''^•~'~^R'Licensees shall make curbside recycling collection available to all single-family and multiple dwellingresidences with individual household services. d~~eg-ae~e At a minimum, such service shall include all targeted recyclables as defined herein. CommerciaUmultiple-dwelling hauling licensees shall make recycling collection available to all commercial establishment accounts , ~3. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Single family/multiple dwelling= individual household service hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all single family/multiple dwelling-individual household service hauling accounts ~ subject to the daily residential hauling district restrictions. 2 ~~ DRAFT/7.1.02 (a) It is unlawful for ,.~ hauler vehicles to operate on residential streets in si~ch ~ districts on any e~e~ day other than as permitted for the daily single-family. multiple dwelling-individual household service hauling district, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. 5. At a minimum, commerciallmultiple dwelling-commingled service hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts under its license ne~~ v6t91~°r t~r~-iiion. 6. It shall be the responsibility of the licensee that the name and telephone number of the owner of any and all containers which are located on and hauled off a construction or demolition site by the licensee be permanently affixed to each such container. 7. All hauler vehicles shall be in full compliance with the Minnesota Department of Transportation requirements and all hauler vehicles shall be available for inspection by the City. 8. In order to receive or retain a hauling license hereunder, the applicant/licensee shall be in compliance with all state. county and Cit~egulations. including any conditional use permits. Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(B), 4(C), 4(D), 4(G) and 4(H) to read as follows: B. Before a hauling license sl~ll maybe issued, the applicant shall file with the city clerks evidence of the ~€e~atien ev~g following insurance coverages and amounts for each vehicle oQerated under the license from an insurance company authorized to do business within the state-a~e~~ tee.-f;~;,...~o „4'~otF;.,~,,.-.,,.,,.e„ ,,.++.~ A~;.,,,e~~~_Sr.~~r~. 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided sl3e~t~ shall be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. 2. Workers' compensation insurance certificate as required by Minnesota Statutes. The licensee shall file with the City Clerk and copy of the licensee's certificate of insurance which shall list the vehicle identification number of each vehicle operated 3 f 3 DRAFT/7.1.02 under the license. The certificate of insurance shall be for the period of the annual license, expiring on December 31St of the license Year. C. The council, in the interest ~ of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than seven ~°~~a°-'*~°' a-•~°"~~° single-family-multiple dwelline-individual household service hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. Upon the termination of a license as a result of change of ownersh~ as provided herein, a license application of the new hauler shall be granted license approval preference over any other license applicant provided the hauler makes application within 30 days of the license termination and the hauler meets all conditions and regulations for licensing_as required herein. If the licensee's name changes and the change is not due to change of ownership during the period of the license within 30 days of the name change, a new application for license must be submitted to the City and subsequently approved by the City in order for license to remain in effect. D. Each applicant shall file with the city clerk-treasurer, before a garbage and refuse hauler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. 1. Single famil /maple dwelling-individual household service hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re-usage and recycling. l~~es~er~~ial-fig Single family/multiple dwelling_ individual household service hauling licensees are prohibited from imposing a greater charge on residents who recycle phut than on residents who do not recycle. G. Each vehicle for which a haulers license is issued shall exhibit such license in a prominent position on said vehicle. The applicant shall submit with the application a list of the vehicle identification number and license plate number for each vehicle to be operated under the license. This information shall be provided on the license for each separate vehicle. ~s~ DRAFT/7.1.02 H. All single family/multiple dwelling-individual household service; and commerciaUmultiple dwelling-commingled service, licensees shall report to ~e e-i~} Dakota County, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills and any other information as required by state, county or local laws. by--tem}age;-~i#~-tl3o-e~septien-+~,,,+ ..a ~t~a7=~r~~°~ra~~t° Section 4. Eagan City Code Chapter Six is hereby amended by adding Section 6.37, Subd. 4(I) and 4(J), to read as follows: I. The duration of a license shall be for a calendar year, expiring on December 31 of each mar, regardless of the date of issuance. All existing licenses on December 31 of each year will be automatically renewed provided the licensee pays the license fee prior to issuance and is in compliance with all requirements of this Section. J. All single family/multiple dwelling-individual household service hauling licenses shall be subject to the licensee providing single family/multiple dwelling= individual household hauling services to not less than 250 residential households in the City, with their own equipment, excluding multiple dwelling units which fall within the definition of commerciallmultiple dwellin -cg ommingled service hauling. The licensee shall make available for inspection upon request, a list of all single family/multiple dwelling-individual household service accounts, by address, within the City. If the licensee fails to provide proof of providin single family/multiple dwelling-individual household service hauling services to households as required herein by the end of the calendar year, (December 31 of all years), the license shall automatically terminate. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Karels Its: City Clerk CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor 5 ~~ DRAFT/7.1.02 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 6 ~6 Agenda Information Memo July 16, 2002 Eagan City Council Meeting 1• APPROVE BUILDING SECURITY CONSULTANT CONTRACT ACTION TO BE CONSIDERED: To approve contracts with SecuriCo for security consulting services, subject to City Administrator and City Attorney approval. FACTS: • In August 2001, the City Council authorized $38,000 for a building security upgrade project to improve access control at City Hall. • While preparing to bid the approved project, staff became aware that the original estimate did not account for hardware upgrades that were likely to increase costs. • In light of the discovery of hidden costs and the events of September 11, staff convened a security working group to evaluate security needs at all City-owned buildings and facilities. As the review process concluded, it became apparent that staff did not have the technical expertise or industry knowledge to prepare bid specifications and review proposals. • The proposed contracts, to be paid from the previously allocated funding, provide for a first phase needs assessments and a second phase system specification and bid preparation. The third contract is for hourly services to evaluate the needs of the Community Center and design a system compatible with the rest of the City-owned facilities. • SecuriCo was selected in part because it is an independent consulting firm that does not also sell a product. SecuriCo has worked with a number of large and reputable companies, including here in Eagan, and local governments. • Staff has been working with LMCIT to identify Homeland Security funding that may be available to local governments, and SecuriCo has also advised the City in this regard. • The City Attorney and staff are reviewing final contract language. Any changes from the contracts attached for Council review will be subject to approval of the attorney and city administrator. ATTACHMENT: • Contracts are attached on pages ~hrough~ ~~ ~~~ L~~~r~C~~ Inc. Security Consulting, Design and Project Management Services Thursday, July 11th, 2002 City of Eagan Mr. Jamie Verbrugge 3830 Pilot Knob Road Eagan, MN 55122 Re: Phase 1 -Pre-Design Assessment Dear Jamie: This correspondence constitutes a LETTER OF UNDERSTANDING ("Letter") regarding security consulting services. SecuriCo, Inc. and its consultants ("SecuriCo") will provide consulting services for: City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ("the client and/or you"). Commencing upon the signing of this agreement, we will begin the consulting services outlined in this letter. Phase 1-Pre-Design Assessment -Total $9,855.00 During this phase, SecuriCo will perform observations and inspections for the purpose of recommending options for the installation of an integrated electronic access control, employee identification, and alarm monitoring (via the electronic access control system) systems in the following Eagan facilities: • City Hall/Police Department • Civic Arena • Cascade Bay Water Park • Maintenance Facility • Cold Storage Building • Bridle Ridge Park Building • Goat Hill Park Building • Quarry Park Building • Rahn Park Building • Sky Hill Park Building • Trapp Farm Park Building • Water Treatment Plant #1 • Water Treatment Plant #2 SecuriCo will attend a project initiation meeting to discuss the coordinate the expectations of the client and to schedule access requirements. Upon completion of the pre-design assessment SecuriCo will: • 1 Site visit to each location and 2 meetings with City of Eagan project coordinator. • Evaluate preliminary systems needs and provide preliminary budget figures for a card access, alarm monitoring, CCTV and photo-id system at the above building locations. • Provide input to the pre-design phase of the project as it relates to security systems and other security related sub-systems. 14573 Grand Avenue South, Suite 100 • Burnsville, IvIN 55306 • Office: 952.898.5500 • Fax: 952.898.5571 ~ s' Prepared for the City of Eagan, Minnesota • Make general comments and recommendations concerning existing security equipment and infrastructure as it relates to the expansion needs of the City of Eagan. • Provide a report of written findings and recommendations. • 1 meeting to discuss the preliminary budget developed by SecuriCo. PROFESSIONAL FEES The estimate for the cost of our services, based upon the scope, is $9,855.00 plus expenses incurred. Any additional services beyond the stated scope shall be billed at the following rates: $150.00 per hour for Principal Consultant, $135.00 per hour for Senior Consultant and $120.00 per hour for a Project Manager. Any CAD drawings required will be billed at an hourly rate of $80.00 per hour. Billing for services will be monthly, due upon receipt. The completion date for the project will be secured by agreement the City of Eagan and SecuriCo. If the City of Eagan desires that the project be completed at a specific time, every effort will be made to complete the project within the desired time frame. The client agrees that SecuriCo is to recommend design standards, systems, policies, procedures, vendors, devices, etc. that are reasonable in nature, and the recommendations or lack of recommendations will not be construed as errors or omissions of SecuriCo. The client understands that SecuriCo is not an insurance company and that SecuriCo is only providing certain services to attempt to help provide a security services program. The client acknowledges that they continue to be solely responsible for any insurance coverage for any loss or damage to any person or property at their premises. Since it is extremely difficult for SecuriCo to determine the nature of or amount of any loss that maybe incurred due to any action or inaction by SecuriCo, the client agrees that SecuriCo's liability for any such loss shall be limited to the sum of $250.00. This limitation does not apply to gross negligence. The client agrees to indemnify, defend and hold SecuriCo, its agents, and employees, harmless against any claims, lawsuits, or losses asserted or sustained by persons other than the client which are alleged to have been caused by SecuriCo's performance hereafter, except for those resulting solely and directly from the actions of the SecuriCo employee while on the client's premises. Jamie, I appreciate the opportunity to partner with the City of Eagan. If there are any changes or additions to the scope of this letter, please contact me at (952) 898-5500. Thank you. Sincerely, ~,,,,,,, ,s' ~~... James S. Andrews, President SecuriCo, Inc. Approved By: Date: Billing Address: Confidential (P,a~ge 2 7/11/2002 .~~L L'I//`%~iII ~~~. Security Consulting, Design and Project Management Services Thursday, July 11 `h, 2002 City of Eagan Mr. Jamie Verbrugge 3830 Pilot Knob Road Eagan, MN 55122 Re: Phase 2 -Systems Engineering, Design and Procurement Dear Jamie: This correspondence constitutes a LETTER OF UNDERSTANDING ("Letter") regarding security consulting services. SecuriCo, Inc. and its consultants ("SecuriCo") will provide consulting services for: City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ("the client and/or you"). Commencing upon the signing of this agreement, we will begin the consulting services outlined in this letter. Phase 2 - Systems En~ineerint?, DesiEn and Procurement -Total Cost - $18,600.00 SCOPE-Security Systems Design will include Proximity Reader Card Access System with alarm monitoring, CCTV and Photo-ID capability. This includes the design for the following buildings: • City Hall/Police Department • Civic Arena • Cascade Bay Water Park • Maintenance Facility • Cold Storage Building • Bridle Ridge Park Building • Goat Hill Park Building • Quarry Park Building • Rahn Park Building • Sky Hill Park Building • Trapp Farm Park Building • Water Treatment Plant #1 • Water Treatment Plant #2 During this phase, SecuriCo will provide the following: • Define Systems Issues/Problems • Define Requirements For Solutions • Develop Conceptual Solutions • Preliminary Design Drawings. Hand marked only and provided by the City of Eagan • Preliminary Design Analysis 14573 Grand Avenue South, Suite 100 • Burnsville, MN 55306 • Office: 952.898.5500 • Fax: 952.898.5571 SO Prepared for the City of Eagan, Minnesota Preparation of Final Design and Development of Bid Documents Technical specifications will be developed and produced in bid form based upon the needs assessment and preliminary design process. SecuriCo will provide the systems as-build drawings. The actual drawings are part of this proposal and will be provided by SecuriCo only if provided in CAD format. Otherwise, they will be marked up by hand. Drawings will detail all equipment locations, electrical rooms, etc. within the facility. The specifications and drawings will provide the project with an invaluable source of information for not only the initial bidding process but on-going documentation for the system operation. During this phase, SecuriCo will provide the following: • Development of Security Systems configuration. CAD plans will be hand marked. • Up to two meetings with owner to finalize design • Detailed Specifications • Design Analysis • Final Cost Estimate • Bid Package-1 only NOTE: Any re-design costs will be treated as outside the scope, which will be based on an hourly rate, specified in our agreement. Vendor Selection and Procurement During this phase, SecuriCo will provide the following: • Evaluation of up to 3 vendors will be done by the City of Eagan and SecuriCo • Phone support as needed • Pre-bid meeting with selected vendors • Thorough evaluation of bids with owner • Negotiation on an as need basis with vendor • Recommendation of vendor and system PROFESSIONAL FEES The estimate for the cost of our services, based upon the scope, is $18,400.00 plus expenses incurred. Any additional services beyond the stated scope shall be billed at the following rates: $150.00 per hour for Principal Consultant, $135.00 per hour for Senior Consultant and $120.00 per hour for a Project Manager. Any CAD drawings required will be billed at an hourly rate of $80.00 per hour. Billing for services will be monthly, due upon receipt. The completion date for the project will be secured by agreement between the City of Eagan and SecuriCo. If The City of Eagan desires that the project be completed at a specific time, every effort will be made to complete the project within the desired time frame. The client agrees that SecuriCo is to recommend design standards, systems, policies, procedures, vendors, devices, etc. that are reasonable in nature, and the recommendations or lack of recommendations will not be construed as errors or omissions of SecuriCo. Confidential Page 2 7/11/2002 S/ Prepared for the City of Eagan, Minnesota The client understands that SecuriCo is not an insurance company and that SecuriCo is only providing certain services to attempt to help provide a security services program. The client acknowledges that they continue to be solely responsible for any insurance coverage for any loss or damage to any person or property at their premises. Since it is extremely difficult for SecuriCo to determine the nature of or amount of any loss that maybe incurred due to any action or inaction by SecuriCo, the client agrees that SecuriCo's liability for any such loss shall be limited to the sum of $250.00. This limitation does not apply to gross negligence. The client agrees to indemnify, defend and hold SecuriCo, its agents, and employees, harmless against any claims, lawsuits, or losses asserted or sustained by persons other than the client which are alleged to have been caused by SecuriCo's performance hereafter, except for those resulting solely and directly from the actions of the SecuriCo employee while on the client's premises. Jamie, I appreciate the opportunity to partner with the City of Eagan. If there are any changes or additions to the scope of this letter, please contact me at (952) 898-5500. Thank you. Sincerely, ~,,..,. S ~u-~- James S. Andrews, President SecuriCo, Inc. Approved By: Date: Billing InTormation Billing Address: Confidential Page 7! 11 /2002 S~ ~~LL~~~r~~~~ Inc. Security Consulting, Design and Project Management Services Thursday, July 11, 2002 City of Eagan Mr. Jamie Verbrugge 3830 Pilot Knob Road Eagan, MN 55122 Re: Community Center Hourly Consulting Support Dear Jamie: This correspondence constitutes a LETTER OF UNDERSTANDING ("Letter") regarding security consulting services. SecuriCo, Inc. and its consultants ("SecuriCo") will provide consulting services for: City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ("the client and/or you"). Commencing upon the signing of this agreement, we will begin the consulting services outlined in this letter. Community Center Hourly Consulting Sunnort SecuriCo will provide hourly support for the following elements of the project: Design review • Evaluation of current documentation for security related systems • Evaluation of current door hardware specifications relating to security systems • Evaluation of proposed system and its ability to integrate into the City of Eagan access control and monitoring system Installation and Project Management • Oversee schedule with selected vendor for City of Eagan review. • Schedule apre-installation meeting with SecuriCo, City of Eagan and selected contractor/s to coordinate installation. • Provide phone support and direction, as needed, to electrician, low voltage contractor/s, security vendor and / or hardware contractor for compliance to systems specifications and functionality. • Visits to site by SecuriCo during installation to verify conformance to specifications. • SecuriCo will attend construction meetings, as needed, with the City of Eagan, security vendors and others. Test and Acceptance /Commissioning Process 14573 Grand Avenue South, Suite 100 • Burnsville, MN 55306 • Office: 952.898.5500 • Fax: 952.898.5571 S3 Review of the following vendor supplied documents with any changes noted in order to meet compliance: o Installation documents o Equipment manuals . o Shop drawings Final walk-through, system test and punch list prior to final payment to contractor PROFESSIONAL FEES Work on this project shall be billed at the following rates: $150.00 per hour for Principal Consultant, $135.00 per hour for Senior Consultant, and $120.00 per hour for a Project Manager. Any CAD drawings required will be billed at an hourly rate of $80.00 per hour. The total fee for SecuriCo's support on this project can be estimated at approximately 8-12% of the cost of the total system. Any additional services beyond the stated scope shall be billed at the same rates. Billing for services will be monthly, due upon receipt. The completion date for the project will be secured by agreement the City of Eagan and SecuriCo. If the City of Eagan desires that the project be completed at a specific time, every effort will be made to complete the project within the desired time frame. The c]ient agrees that SecuriCo is to recommend design standards, systems, policies, procedures, vendors, devices, etc. that are reasonable in nature, and the recommendations or lack of recommendations will not be construed as errors or omissions of SecuriCo. The client understands that SecuriCo is not an insurance company and that SecuriCo is only providing certain services to attempt to help provide a security services program. The client acknowledges that they continue to be solely responsible for any insurance coverage for any loss or damage to any person or property at their premises. Since it is extremely difficult for SecuriCo to determine the nature of or amount of any loss that may be incurred due to any action or inaction by SecuriCo, the client agrees that SecuriCo's liability for any such loss shall be limited to the sum of $250.00. This limitation does not apply to gross negligence. Jamie, I appreciate the opportunity to partner with the City of Eagan. If there are any changes or additions to the scope of this letter, please contact me at 952-440-5006. Thank you. Sincerely, ~~ James S. Andrews President Approved By: Date: Billing Address: SY Agenda Information Memo July 16, 2002, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE -DAVID P. MANNINEN (624 SALLY CIRCLE) ACTION TO BE CONSIDERED: To approve a 1.7 percent Variance from the maximum 20 percent building coverage standard in Residential zoning districts for the construction of a 192 squaze foot addition on property located at 624 Sally Circle (Lot 13, Block 3, Selmazk) in the NW '/< of Section 12. FACTS: The existing single family dwelling and detached garage were constructed in 1972 and a 220 square foot (10 feet by 22 feet) patio was constructed in 1975. In 1994, a 432 square foot garage addition was built. A 240 squaze foot storage shed is also present on the property. The existing building coverage is 20.2 percent. In Residential zoning districts building coverage is limited to 20 percent of the lot area. The applicant is requesting a building coverage Variance to allow for the construction of a 192 square foot (12 feet by 16 feet) four season patio enclosure to an existing single family dwelling. The patio enclosure would replace the existing deck. The proposed building coverage is 21.7 percent. The proposed addition meets all required minimum setbacks. The applicant contends that the Variance is needed to accommodate additional first floor living space. ISSUE: The condition upon which the Variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. It exceeds the minimum lot area required for properties zoned R-1. ATTACHMENT: Planning staff report, pages ~ through ~„~ SS PLANNING REPORT CITY OF EAGAN REPORT DATE: July 11, 2002 APPLICANT: David Manninen PROPERTY OWNER: Same REQUEST: Building Coverage Variance CASE: 12-VA-10-06-02 HEARING DATE: July 16, 2002 APPLICATION DATE: June 17, 2002 PREPARED BY: Cynthia R. Kirchoff LOCATION: 624 Sally Circle (Lot 13, Block 3, Selmark) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Residential Single Family SUMMARY OF REQUEST David Manninen is requesting a 1.7 percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 192 square foot addition on property located at 624 Sally Circle (Lot 13, Block 3, Selmark) in the NW '/4 of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 56 Planning Report - Manninen Variance July 11, 2002 Page 2 CODE REQUIREMENTS City Code Chapter 11, Sec. 11.20, Subd. 6, F., states that "all buildings including accessory buildings together shall not cover more than 20 percent of the site azea" in Residential zoning districts. BACKGROUND/HISTORY The subject site was platted as part of Selmark Addition. The existing single family dwelling and a detached garage were constructed in 1972. In 1975, a 220 square foot (10 feet by 22 feet) patio was constructed. In 1994, a 432 square foot gazage addition was built. A 240 square foot storage shed is also present on the property. EXISTING CONDITIONS A single family dwelling, 960 square foot detached garage, and 240 squaze foot storage shed are present on the site. EVALUATION OF REQUEST Proposal - The applicant is requesting a building coverage Variance to allow for the construction of a 192 square foot (12 feet by 16 feet) four season patio enclosure to an existing single family dwelling on property zoned R-1 (Residential Single Family). The patio enclosure would replace the existing deck. The Zoning Ordinance limits building coverage to 20 percent of the lot area on residential properties. The existing building coverage is 20.2 percent. The proposed building coverage is 21.7 percent. The site plan submitted by the applicant indicates that all existing structures comply with minimum setbacks. The proposed addition is on the reaz of the home and meets the required 15 foot rear yard setback. Variance Criteria - The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. In order to justify the granting of a Variance, the applicant must demonstrate that there aze special conditions that apply to the land. The subject site is 12,066 square feet in area, thus structures can occupy 2,413 square feet of the lot. The applicant is seeking permission to cover 2,624 square feet with buildings. The lot meets the minimum lot area and width required for properties zoned R-1, so there are no demonstrate special conditions, such as nonconforming lot azea that apply to the property. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Zoning Ordinance. That is, the purpose of S~ Planning Report - Manninen Variance July 11, 2002 Page 3 the building coverage provision is to provide open space for the health of the community. Since the request is to exceed the maximum building coverage requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the maximum building coverage standard. The applicant is requesting an additional 1.7 percent of building coverage to allow for the construction of a 192 square foot four season patio enclosure. It must be noted that any addition would require a Variance because the home and accessory buildings already occupy 20.2 percent of the lot. The property has the same use as those within 350 feet and the same opportunity to construct a single family home with two-stall gazage without relief from the Zoning Ordinance. In 1985, an 8 foot Variance was granted from the 30 foot front yard setback for the construction of a living space and garage addition at 603 Chapel Lane (Lot 7, Block 3, Selmazk). APPLICANT'S ESTIMATE OF HARDSHIP The applicant has indicated that the additional building coverage is needed for living space. Specifically, "because the size of our family get-togethers are getting larger, a four season porch enclosure would solve our problem." SUMMARY/CONCLUSION The applicant is requesting a building coverage Variance to construct a patio enclosure addition to an existing single family dwelling. A single family dwelling with a large detached garage is present on the site. According to the submitted site plan, it meets all other applicable zoning standards. The condition upon which the Variance appears to be based is applicable to other properties within the R-1 zoning district. This property does not appear to exhibit a unique or special feature that would require or warrant relief from City ordinances. It exceeds the minimum lot area required for properties zoned R-1. A determination regarding relief from the ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a 1.7 percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 192 square foot four-season patio enclosure located at 624 Sally Circle (Lot 13, Block 3, Sehnazk Addition) in the NW '/4 of Section 12. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. S8' Planning Report - Manninen Variance July 11, 2002 Page 4 ' Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Building coverage shall not exceed 21.7 percent of the lot. 3. The patio enclosure shall be constructed of materials compatible with the existing single family dwelling. 4. The addition shall comply with all other applicable Zoning Ordinance provisions. V Q Eaoae Boundrry «~ in. ~ L i M P~ ap ocat on Bulidino Footprint ~ s { ~ a9 ~~ a ~ J; : ' ~ ~ r - • - ~ a ~. • ~ a ~ s S a ~ ~ 4 ,. ~ ~ ~ ~ a m t ~ ~ ~ ~ ~'~~ ~ ` ~b ~ ~ _ t a ~ ~ ~ ~ ~ _ e ~- ~, ~. Sub'ect Site " ~~ _ ~ ~ as : ~ ~~ ° 'a' ~~\~~ ,~~ ~ , ~ } 0 W o` - r ~ ~ J' s ; ,~ '~ g ~ r» o ~ o T~ a ;, - ` , ~ ~ `T', oe~uo ~~ a~/' '~ = J ,: t ~ /"'`, 7 I ~ '~ E ~ ~ ~ ~ ti ~ '~ 3 ~ ~Y ~ ,~ s4 ^~o ;s rte ;y 3 ~ ~ 1 ~ S - ~ i~ ' J ~ s 3 ~~• f ~ • ~~ o .a _ L' ~ ^ ~,~. r. r.w.. ~ ~ t J J '~ n 7 ~ . J ~ ~ ~~ tt ~ V/~~-WOMlMGt.~ . ` ~ ~~~ ~~ I-' ~® L i ® ® ® ~ L ® V~ C~Yw. ~V~~ ~ I ~ / / ~~~ ~ ~~~ 1(~ Feel Development/Developer. David P. Manninen Application: Variance Case No.: 12-VA-10-06-02 /~ Map Vr.p.r.d wing ERSI AreYNw 3.1. p.rc.l Gw m.p dab proviE.d pY Dakoh County L.ntl Survey DlpartrrNM .nA i. cumnl a o/ March MO7. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E .M. i N .N E S O T~ A Thy City o/ Esy~n snd Dakota County do not gwrantN the arcunq of this IMormstlon and an S Com~wudty Dwrop~t O.paA~nt not rosponsiblo for ~nen a omissions. ~~' TA : MtNNB90t Y~L~LEY , .a SUR,~1~YQitS ~~~e1"GtNElRS CORP. ~1~, 17000137TH -YOMIf f01tlgl.^' OIRNWM1t{. Yr1010SOf- 10)70 ~J M~ ~777~ ~ ~ /4• Cectif icate of Survey for : ~~ f ~L~~~i~~ ~' ,Say ~~ 1 ~ O, 00 ~ •° ~~ ,~~ ~ ~ -. , ~ l ~ I r "•.~ 2 X. I 15' SETB/ ~CK IL I ~! 5~ ~~ J•.•~ 1? L7 . ... - / ,~- / O / . ~ J ~ r PROPOSED ADDITION s ,~ ~. , ,% ~; .'• ~ ..r a! •n- ,ow~d,a• wl ~.• .. <,. ~IKr~b~~ Iu..A, ~ ~..1~1 Ytrti. CJ"). w••J •1 .M~ .n. a' Jn JI Y11 !. •in'~• 1"...~•\, •1~~ •.I Ill. b'• ~'•, ,. 7~ y ... SURVEY Variance Check List What do we want to do? Our intent for this project is to replace our existing deck, with afour-season Patio Enclosure on the back (south) side of our home. We would like to have this project completed before August 24, 2002. Our immediate concern is n wedding celebration that week end, and this space available to friends and relatives from out of town. There are two phases to the project. The first is to remove and replace the existing deck with approved footings and a heavier floor joist, and secondly the actual installation of the patio enclosure by Patio Enclosures, Inc. Because of the increase in size of our family get-togethers are getting larger. AFour-Season enclosure seems like it would solve our problem. 6~ NARRATIVE ~~l q-o ~ ~ 1~..~ ~~~ ~~ ~ l~ ss ice- j :,`, ` , ~ ~, 1 0 2002 , ~~ ~ t ~~ IQy _~~-..~__.- 63 Agenda Information Memo July 16, 2002, Eagan City Council Meeting B. VARIANCE - RON AND DAWN DELLA PAOLERA (4756 BERKSHIRE ACTION TO BE CONSIDERED: To approve a 3.1 foot Variance from the required 30 foot front yard setback from Berkshire Way and a 2 foot Variance from the required 30 foot front yard setback from Covington Lane for the construction of a living space addition on property located at 4756 Berkshire Way (Lot 6, Block 5, Berkshire Ponds) in the NW '/4 of Section 32. FACTS: The applicant would like to construct an L-shaped addition approximately 575 square feet in area on the front and side of an existing single family dwelling. The subject site abuts Berkshire Way, Covington Lane, and Galaxie Avenue. The proposed addition includes an open porch, dining room, and family room. The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of--way. The proposed building setback from Berkshire Way is 26.9 feet and 28 feet from Covington Lane. The proposed addition meets the required 30 foot front yard setback from Galaxie Avenue and maximum 20 percent building coverage standard. The proposed addition appears to blend with the style of the home. The applicant has indicated that the alleged hardship is the existing interior layout of the dwelling and attached garage. ISSUES: The addition could be reduced in area to meet the required 30 foot setback from Covington Lane and Berkshire Way. The condition upon which the variance appears to be based is applicable to other properties within this PD. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. The property meets the minimum lot area and lot width requirements. ATTACHMENT: Planning staff report, pages through 6y PLANNING REPORT CITY OF EAGAN REPORT DATE: July 11, 2002 APPLICANT: Ron & Dawn Della Paolera PROPERTY OWNER: Same REQUEST: Setback Variances CASE: 32-VA-11-06-02 HEARING DATE: July 16, 2002 APPLICATION DATE: June 25, 2002 PREPARED BY: Cynthia R. Kirchoff LOCATION: 4756 Berkshire Way (Lot 6, Block 5, Berkshire Ponds) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Ron and Dawn Della Paolera are requesting a 3.1 foot Variance from the required 30 foot front yard setback from Berkshire Way and a 2 foot Variance from the required 30 foot front yard setback from Covington Lane for the construction of a living space addition on property located at 4756 Berkshire Way (Lot 6, Block 5, Berkshire Ponds) in the NW '/a of Section 32. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 6s Planning Report - Paolera Variance July 11, 2002 . Page 2 CODE REQUIREMENTS City Code Section 11.20, Subd. 6, A, requires a 30 foot front yard setback on property zoned R- 1. BACKGROUND/HISTORY The subject property was platted as part of Berkshire Ponds, which was approved in 1984. The project was zoned Planned Development in order to deviate from the 12,000 square foot minimum lot area in the R-1 (Residential Single Family) zoning district. The plat consists of 73 lots with an average area of 11,256 square feet. In 1985, the single family dwelling with attached two-stall garage was constructed. The subject site abuts three public rights-of--way, Berkshire Way, Covington Lane, and Galaxie Avenue. EVALUATION OF REQUEST Proposal - The applicant is requesting two front yard setback Variances to allow for the construction of a 574 square foot L-shaped addition to an existing single family dwelling on property zoned PD (Planned Development). The proposed addition includes an open porch, dining room, and family room. The Zoning Ordinance requires a 30 foot setback for buildings abutting public rights-of--way. The proposed building setback from Berkshire Way is 26.9 feet and 28 feet from Covington Lane. The existing single family dwelling maintains a 30.5 foot setback from Berkshire Way and a 40 foot setback from Covington Lane. The survey indicates that the existing home maintains a 9.6 foot nonconforming setback from the side interior property line. The proposed addition meets the required 30 foot front yard setback from Galaxie Avenue and maximum 20 percent building coverage standard, according to the survey submitted by the applicant. The elevation plan indicates the proposed addition blends with the existing architecture of the home. ~. ~ I` ~~ .r-~. -.~, Variance Criteria - The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. As previously mentioned, Berkshire Ponds is zoned PD (Planned Development) because many of the lots deviate from the R-1 (Residential Single Family) minimum lot size of 12,000 square feet. The subject site is 13,460 square feet in area. The Zoning Ordinance states that relief maybe 66 Planning Report - Paolera Variance July 11, 2002 Page 3 granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions, such as small lot size, apply to the property. The survey indicates that azea is available for an addition, just not of the size proposed by the applicant. The relief sought by the applicant does not appeaz to be contrary to the Comprehensive Guide Plan, but maybe inconsistent with the intent of the Zoning Ordinance and the Planned Development. That is, the purpose of the building setback provision is to provide open space. Since the request is to exceed the minimum 30 foot front yazd setback requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a living space addition. The property has the same use as those within 200 feet and the same opportunity to construct a single family home with two-stall garage without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that they plan to add a formal dining room and living room and to eliminate a closet encroachment into the existing garage. Furthermore, the addition on the front (Berkshire Way) elevation intends to bring the home flush with the existing garage. SUMMARY/CONCLUSION The applicant is requesting setback Variances for the construction of a living space addition. A single family dwelling with atwo-stall garage is present on the site. The applicant has indicated that the alleged hardship is the existing interior layout of the dwelling and attached garage. The addition could be reduced in size to meet the required 30 foot setback from Covington Lane and Berkshire Way. The condition upon which the variance appears to be based is applicable to other properties within this PD. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. The property meets the minimum lot area and lot width requirements. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. 67 Planning Report - Paolera Variance July 11, 2002 Page 4 ACTION TO BE CONSIDERED To approve a 3.1 foot Variance from the required 30 foot front yard setback from Berkshire Way and a 2 foot Variance from the required 30 foot front yard setback from Covington Lane for the construction of a living space addition on property located at 4756 Berkshire Way (Lot 6, Block 5, Berkshire Ponds) in the NW '/4 of Section 32 If approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for an extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the addition shall match those of the existing dwelling. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. G8" 0 Egan sotttta.ry Location Map ~P~~'M BuNtAtq Footprint i ~ c ~ ®~v~~~ ! ~~ I ~ I I I ~'~ I I J y '~ ~ ~. ' . ,~ Y ~~ ~~r 9 aa+ ~ ~ 4 w a ~~.'.. r / ~ ~ 8 ti a~ ~ "~ ~ ~ ; i . e _ . % „It 7J` a S ~ 9 e e .1 QY f ~ Sub ect Site .r b 3 e J ~ a ~ ~ 9 ~ J ~ ~ ~ Y _ I Y 7 y q.: `, a ,' 7 '~` ty .9 ~ _ 4 ~ tit ~ c 3 r ~ h:v m rc~ J _ Cv ~.~~• eq,~-~ ~ ~ a 7• ~ b~-' ~ Y R ~ ~ ~ 4 .p' j ~ o° ~+. ~ ~ ~ / ~t C : rip 9 ~ © ~ u ~ ,f b ~ P r~ J ~ ~ w r1q ~ 7 d ~~ ~ ~ ~ ~ ~~ ~ ~ l ~^/`~ / ~ ~ t . ~ ~ ~ r A A ~ 0 ~ E ~ V ~ ~ P I ~~ < ~.~, a9a d ~ ~ ~ £~ ~ `~ v ~ .rr~ 1000 0 1000 2000 Feel Development/Developer•. Ron and Dawn Paolera Application: Variance . Case No.: 32-VA-11-06-02 6 g Map pnpend usirp ERSI AreVlew 7.1. Vereel WM nlep rich provided M Dekoh Cowrty lJnd Swey Depenmerd end ie cvtent as of Mereh 2002. TNIS MAP Is INTEN R REFE NCE UsE ONLY N w E City of Eagan :Y. i NNE .i 0 ;' a DED FO RE Tha Clty of Eagan and Dakota County do not yuarantoe tho aeeuney of this IMortnwtion and an 5 Ce~ennun)ty Dewiepinent De~eRn~nt not roeponsibl• for errors ar otnNelone. ~(1N3~d 3{Xd~d~ M ,60,0 Lo00 S 00'Ofi O ~ _ DRAINAGE AND UT~UTY EASEnAE"~T ~ ~ i ~ ~ ~ ~, Z ~~ i -----, ~n ~o ' Z~` I-vI Q 00 CJ ~ o ~ Q~'I -~ J _~ ( I a m ~.,a i m~~ r I ° ? ~ ~'' w 3 ~b ( a MMM ~ x a c~; ~ ~ W YQ may" jam- Q Q ~ r.- ~ `~ 6 N "j}~~'1 a W ~ ~ a o f a Z o ~' ~ II z o ~ O bo °r 1 a _ ~ ` - o az ..~~' . a f a I ~` J ~ a a o ._ ~ S ~ u' ~ ~ ~' ,tom,. -~ ~ , -~--~ ~- 0 a ~ C '.~.1T pp m ~v.~ t' 73.22 R~283•06 S 01 °33' 12' W ~=14°49~ ~ 3 ::::::::::::PROPOSED ADDITION Y BERKSHIR \~~ .. [D U -W- W W ~ U ~ r. ~ ~ ~ ~ r-- a ZI ~"'~ .:~ a M . II 11 O ~ d :--' -` Z ~ I JI ~ i V Z r ~ ~ ~ , U I .. Z Q N I ) SU R~JEY WRITTEN NARRATIVE 6/23/02 4756 BERKSHIRE WAY LOT 6 BLOCK 5 BERKSHIRE PONDS This submittal is to request a variance of our 30' setback. This variance is for 2 feet on the south side of the house and 1 foot on the southeast corner of the house. The addition to the house extends the south side by 14 feet and the southeast side by 8 feet. This 8-foot addition on the east side will make the front of the house flush with the garage. No part of the house (including addition) will extend past the existing garage. A current survey and plans for the addition will show the proposed changes. 2. A proposal (quote) from the builder is included. 3. This house is located in a residential area. 4. We are planning several changes to the house, but the main point of this submittal is as follows. We plan on adding a Formal Dining Room and shifting the existing Living Room. The house currently does not have a Formal Dining Room. When planning for this addition we realized there was an additional issue. This issue is that the house has atwo-car garage that cannot fit two cars because the living room closet protrudes into the garage by almost 3 feet. The plan is to eliminate this closet and add a walk-in closet with pantry in the existing entryway. This causes us to move the existing front door farther south on the front of the house. This causes us to shift the living room. We chose the addition on the east side of the house to be 8 feet so that the front of the house would be flush with the garage. The project is scheduled for 4 months. The starting date is the end of June. ~/ ~ NAR~iATIVE O I ~~ o_ ~~ I~I'' `-~l.l ti V ~ f Ji S ~ Q ~o '~ £ ~ ~ = Q .`.. q~ ~ V I ~\\ ~ ~ oC ~o w ~ ~ a ~_. _ . i ~` 1 j 1 . n ~ -- ~~ ~~~ ~ ~ r~' ~ ~ ~ '~ ~ ~ e ~,.: -- ( a -~ ~- ~'~ '~ ' o ~ ~' ~ i _ ~ ~~ ' 4 ~ ~ _-. _- ~~ O\ _ 3 z H :~ 1 ~. 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ELEWATIONS ~~ i ~. ` ~: ~` ~_ ~. ~. ~, 'W(( ~I O ~. ~ `~• `, '~YI `, ~ Vt .n ac '^ ao ~ Q q` ,~ ~ ~ ~ I -- I -i ;I k ~ - ---- .i ... - -: --- q q - ~,-_~-.. - - ~C ~ - -' -~ 1 / 4 i -~ ~ ; ~L -~ -- r i_---~--E ~~_- ~' - - I - z11 ~ ,~ / Q '~ ~ +', Lr' i _- .. ,,; _ , ~ ii - -'---~ Y 7 ~ ! : ~ ~?- // i is .~ -"r i ,- ~ ~~ _f f- ~ZI .. ~ ~ ~ ~~ ' l9 y ' ~ ~ 1 \} '~ ~' i \~~~ ( J2_T ~.~ ~z -~ z ., -~-- o.. ~ 11- \, _~ ~ ~ ~, 1 ~=- ~ l ---- _-_ v C- -,~,. ~ i lu ~w ~ ,~ j i 1 /' .~ s ,~~ ~- ~ i ~~ = ~ ~--~ Oc. <`6 ~' v~ ~ I ~ .. -..~- t- l ~ ~ ~ ~~~ ~~~ ~/3 ~~ -- 0 \\ L,~ v w M I o~~ 3 q ~ ~ ~ ~ ~~ ~ ~ ~ Q a 3 ~ `~ ~~ ~3~ IL i ~ !; ~ i :~; ,; ,~ ~ z ~~ ' -~ .; z ~~ ~ n i ~ ~ '' o ~ _ . Q __ ~_-- _! ,. ti ~~ ~c i~ _... - -- :~ ~~ ;; -- I _ _ ,,ft--- 'i ~ - _ , - r----- ~~ ~' I I 1 I u ~ ~.:... -- ~ t ! ±' T,, ~~~~ ~ ~L, ~ ~~ ~ qH ~` 1~ a II ~ ~ I 1~z 4 1 ~ ~ ~ I i cr ~ - ~ -'l ; i I i ,. ;, I ~~ ~~ Agenda Informational Memo July 16, 2002, City Council Meeting VI. OLD BUSINESS A. REQUEST FOR RECONSIDERATION OF A CONTINUANCE OF A PLANNED DEVELOPMENT AMENDMENT OR ADOPT FINDINGS OF FACT, CONCLUSIONS, & RESOLUTION OF DENIAL (CORNERSTONE CONSTRUCTION) ACTION TO BE CONSIDERED To approve a Reconsideration for a continuance of a Planned Development Amendment or adopt the Findings of Fact, Conclusions & Resolution of Denial to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from aone-story building to two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE '/. Section of 16. FACTS: • The City Council directed the City Attorney to prepare a Findings of Fact and Resolution of Denial for the Planned Development Amendment to allow atwo-story, 11,577 square foot office building on the subject site on July 2, 2002, and directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial. • Based upon discussion that took place at the City Council meeting, the applicant has reduced the size of the building from atwo-story, 11,577 square foot building to a one-story, 7,540 square foot building. • The applicant would like the item to be reconsidered for a continuance to revise the site plan for the one-story building and present it to the City Council at their regularly scheduled meeting on August 6, 2002. • The subject site was platted as Lot 3, Block 2, Knob Hill Professional Park in 1984. • The property is zoned PD (Planned Development) and was to be developed in compliance with LB (Limited Business) uses and standards. • The Knob Hill Planned Development Agreement specified the use for this lot as a one-story, 5,600 square foot building. • On June 25, 2002, the APC held a public hearing on the request and unanimously recommended denial due to inadequate parking, the proposed use being inconsistent with the approved Planned Development, and the inappropriate location of the trash enclosure. ISSUES: • At the City Council meeting, residents expressed concern regarding the two-story building as well as the traffic resulting from the development of the property. ATTACffiVIENTS: Draft July 2, 2002, City Council Meeting Minutes, page to Letter from Architecture Unlimited, dated July 8, 2002, page Findings of Fact, Conclusions, & Resolution of Denial page ~ to ~s Eagan City Council Meeting Minutes July 2, 2002 Page 2 DRAFT Q. Contractual Aereement with Metropolitan Airports Commission. It was recommended to approve the contract between the Metropolitan Airports Commission (M.A.C.) and the Ciry of Eagan to allow Eagan Police Officers to work at airport checkpoints. R. Project O1-N. Manlev Addition. It was recommended to authorize the time extension of the development agreement for Project O1-N (Manley Addition -Street and Utility Improvements) to October 15, 2002. S. Expense. It was recommended to approve an expense imposed by the Metropolitan Council for the production of documents relating to the Southern Minnesota Regional Legal Services and other groups. T. Exemption from Lawful Gambling License. It was recommended to approve an Exemption from Lawful Gambling License for Eagan High School Cheer Team to hold a raffle on July 4, 2002 at the Eagan 4m of July Fun Fest at Skyhill Pazk. Councihnember Cazlson moved, Councihnember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Item G. National Night Out. City Administrator Hedges reminded the audience of National Night Out and invited neighborhoods to participate. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the proclamation observing August 6, 2002 as National Night Out. Ayes: 5 Nay: 0 Item I. Contract 01-05. Councilmember Bakken moved, Councihnember Tilley seconded a motion to receive bids for Contract 01- 05 (Cedar Grove Access Modifications), award the contract to S.M. Hentges & Sons, Inc., for the base bid in the amount of $2,900,056.41 without Alternative #2, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDIVIENT (SIGN CODE) CITY OF EAGAN City Administrator Hedges discussed this item regarding an Amendment to Chapter 4.20 of the City Code which relates to placement, erection, and maintenance of signs. Councihnember Bakken moved, Councihnember Tilley seconded a motion to approve an Amendment to Chapter 4.20 (Placement, erection, maintenance of signs) of the City Code addressing the defuution of governmental signs. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT -CORNERSTONE CONSTRUCTION City Administrator Hedges introduced this item regarding a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Pazk, from aone-story building to a two-story building. Senior Planner Ridley gave a staff report. Eric Rhiners of Architectural Unlimited presented the modifications made to the site plan. Eight residents spoke expressing both opposition and support for the proposed project. Concerns expressed included the following: Conformity to the zoning ordinance, size of the proposed building, aesthetics, and pazking. The City Council discussed zoning and use of the property. Councihnember Carlson stated she felt that property should be kept at the planned development zoning level and the building should only be one story. ~~ Eagan City Council Meeting Minutes July 2, 2002 Page 3 DRAFT Councihnember Tilley expressed concern regarding on-street parking, especially given that no sidewalk exists. Councihnember Fields stated she prefers cone-story building . Mayor Awada agreed that cone-story building would be more appropriate due to the residential azea. Mayor Awada encouraged the applicant to come back with a one-story plan. Councihnember Cazlson moved, Councihnember Fields seconded a motion to duect the City Attorney to draft Findings of Fact for Denial of a Planned Development Amendment to amend the permitted use of Lot 3, Block 2, Knob Hill Professional Park, from cone-story building to a two-story building, located between Knob Drive and Pilot Knob Road, north of Diffley Road in the SE %. of Section 16. Aye: 4 Nay: 0 (Bakken abstained) PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT LOT 1, BLOCK 1 HONEY TREE FIRST ADDITION City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow five one story office buildings oa Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive. Senior Planner Ridley gave a staff report. The Council discussed the proposal and on site parking. Mayor Awada requested 10-foot pazking standazds as opposed to 9.5 foot. Council discussed deviation from 10-ft pazking requirement and the need for two trash enclosures. Applicant, Fred Sabongi, presented his site plan to the Council. He stated he prefers only one trash enclosure due to it being dumped daily. He further stated that he had reduced the building size to allow for additional parking. Council further discussed trash enclosure and parking. Councihnember Cazlson asked that a condition be added that if a second trash enclosure is needed in the future, City has right to make that request. Senior Planner Ridley highlighted condition number 10 from the draft Advisory Planning Commission minutes that requires the developer to locate a second trash enclosure or relocate the single enclosure to a more central area. Councihnembers agreed with that condition and that parking stalls must be 10-foot width in new parking area. Councihnember Cazlson moved, Councihnember Tilley seconded a motion to approve a Planned Development Amendment to allow five one story office buildings on Lot 1, Block 1, Honey Tree First Addition, located at 4490 Erin Drive in the SW '/. of Section 30, subject to the following conditions: Aye: 5 Nay: 0 1. This Amendment to the Preliminary Planned Development changes the use on Lot 1, Block 1, Honey Tree 1~` Addition to an office use with five single-story buildings having a total of 21,400 squaze feet of office space. 2. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City. The following exhibits are required for the Preliminary PD Agreement: • Preliminary PD Agreement • Preliminary Site/Signage Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 3. A Final Planned Development Agreement shall be executed prior to Final Planned Development approval. The following exlu~bits are necessary for the Final PD Agreement: • Final Site Plan • Final Building Elevations • Final Signage Plans • Final Landscape Plan • Final Lighting Plan '~ 7 Jurc 5. ~Ot)^ P:1tri~i:t E..~wada. N[a_vor City of i/agan 3S ~0 Pilot Knob Road Esgan. ~il~ j~ l ??-1897 Copy: Paut Bakken. City Council Member PeQO~• Carlson, City Council 11~Iember Cyndee Fields, City Council Member 1~Ieg Tilly. City Council iVlember Cindy Kirchoff, Planner Re: Planned Development :amendment for Lot 3, Block 2 Knob Hiii Professional Park Un bzhalt of thz property owner and project developer, I would like to respectfully request reconsideration for a continuance and a stay of official action on our Planned ne~~eJopnien:amendment pending another re-design of the project. The City Council Iormally dznied our application in the July 2, 20Q2 meeting for a two ~t.~l":. 1 t .-0f; ~.:. su•ucture on a !ot originally planned to receive a one story. 5,600 s.f. ~uvcturc. a::h.xivh a 5.600 s. f. structure is not fiscally reasonable any toner, we would like ~~ redirect .:nether proposal to the City Council and introduce it to you at your Augua 6'' mee::ng. The re~•i;ed project design would include a single story structure containing appre~imately 7.000 net rentable square feet, and provide 60 parkins spaces ~~n site (13 more titan required by the City parking ordinance for this building type). Please feel frze to contact me with any questions or consult with Cindy Kirchoff in the City Plannin~~ office regarding specific details about our project or site. Sincerer:, 1% c • ~ ( i ~; Lr?~.-~ Reiner:..~lA ~'i~e President Architecture Unlimited, Inc. 275 Ur,vr..,tl P.ve~ue Watt. Suite 200 St. Paul, Min^ esota 55114 phone: 651.603.7200 fax: 651.603.7205 ~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Cornerstone Construction for a Planned Development Amendment FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at its meeting of July 2, 2002. The Council received and considered the June 25, 2002, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on June 25, 2002; evidence from the neighboring residents, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input, which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. O'Halloran Murphy Funeral Home is the owner of Lot 3, Block 2, Knob Hill Professional Park (the "Property"). 2. The application by Cornerstone Construction (the "Applicant") for an amendment to the Planned Development Agreement to permit the construction of a two-story, 12,512 square foot office building on the Property (the "Project") is properly brought before the Eagan City Council. 3. The Property is designated as O/S (Office/Service) on the Comprehensive Guide Plan Land Use Map. 79 4. To the south of the Property is a single-story dental office, to the west are single- family dwellings, to the east is a single-story motor fuel station and commercial single story building, and to the north are single-family dwellings. 5. The Property is currently zoned PD, Planned Development. A Planned Development Agreement dated August 3, 1982, establishes the use of the Property fora one- story, 5,600 square foot building. 6. The issuance of a Planned Development Amendment is governed by Section 11.40 of the Eagan City Code. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. The physical characteristics of the Property do not support the construction of a multi-story building. 3. The neighbors of the Property relied on the existing Planned Development. 4. A two-story building, more than twice the size stated under the Planned Development Agreement, is a significant deviation to the permitted development of the Property. 5. The amendment of the Planned Development Agreement to support the Project would not enhance the physical and aesthetic setting of the Property and would not benefit the community at large. 6. The character of the adjacent properties would be adversely affected by the approval of the Project. 7. The Applicant has provided no evidence or reason for the City to amend the Planned Development Agreement. 8. The Property retains a viable use under the Planned Development Agreement. go 9. By the greater weight of the record, and the information presented, it is hereby determined by the City Council of the City of Eagan that approval of the Project is not warranted. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Planned Development Amendment to allow for a Planned Development Amendment is hereby denied. Dated at Eagan, Minnesota this day of , 2002. CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: City Clerk 8/ Agenda Information Memo July 16, 2002, Eagan City Council Meeting VII. NEW BUSINESS A. REZONING, PRELIMINARY AND FINAL SUBDIVISION, ~LANGSTRAAT ADDITION) - HARLAN LANGSTRAAT ACTIONS TO BE CONSIDERED: To approve a Rezoning of a 4.75-acre parcel from A (Agriculture) to R-1 (Residential Single Family) located on Deerwood Drive in the SE %4 of Sec. 22. To approve a Preliminary Subdivision and Final Subdivision to create one lot for the existing single-family dwelling and one outlot for park purposes (Langstraat Addition) on property located at 1250 Deerwood Drive in the SE '/4 of Sec. 22, subject to the conditions listed in the APC meeting minutes. FACTS: • The City Council authorized the purchase of the southern portion of the Langstraat property for park purposes on May 7, 2002. • There is no new construction or development associated with this proposal. Consequently, the Preliminary and Final Subdivisions are being processed simultaneously. • On June 25, 2002, the Advisory Planning Commission held a public hearing on this item and unanimously recommended approval with three conditions. • All documents are in order for execution at the regular meeting of the City Council on July 16, 2002. ATTACHMENTS (2): June 25, 2002, APC meetin minutes, ages ~4e-- Planning staff report, pages to ga City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 3 III. PUBLIC HEARINGS A. REZONING & PRELIMINARY SUBDIVISION - HARLAN LANGSTRAAT A Rezoning from Agriculture to R-1 (Residential Single Family) and a Preliminary & Final Subdivision (Langstraat Addition) of approximately five acres to create one lot and one Outlot, located at 1250 Deerwood Drive in the SE'/4 of Section 22. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 20, 2002. She noted the background and history. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Kaess moved, Member Steininger seconded a motion to approve the Rezoning from Agriculture to R-1 (Residential Single Family) for property located at 1250 Deerwood Drive in the SE '/4 of Section 22. All voted in favor. Member Kaess moved, Member Steininger seconded a motion to approve the Preliminary & Final Subdivision (Langstraat Addition) of approximately five acres to create one lot and one Outlot, located at 1250 Deerwood Drive in the SE '/a of Section 22 subject to the following Conditions: 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, and B4 2. The property shall be final platted. The transfer of Outlot A to the City shall occur at the time of recording the final plat for Langstraat Addition. All voted in favor. 8.3 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2002 CASES: 22-PS-08-OS-02 22-RZ-OS-OS-02 APPLICANT: Harlan Langstraat HEARING DATE: June 25, 2002 PROPERTY OWNER: Same PREPARED BY: Pamela Dudziak REQUESTS: Rezoning Preliminary and Final Subdivision LOCATION: 1250 Deerwood Drive C01~1PREHENSIVE PLAN: LD, Low Density (0-4 units/acre) ZONING: A, Agriculture SU11I1~1ARY OF REQUEST Harlan Langstraat is requesting approval of a Rezoning from Agricultural to R-1 Single-Family Residential, and a Preliminary and Final Subdivision (Langstraat Addition) to create one lot and one outlot, on approximately five acres located at 1250 Deerwood Drive in the SE '/4 of Section 22. ' AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. ~y Planning Report-Langstraat Addition June 2~, 2002 Page 2 Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake ~~'atershed 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 gs Planning Report-Langstraat Addition June 25, 2002 Page 3 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 On May 7, 2002, the City Council approved the acquisition of Outlot A, which is approximately 1.7 acres in area and is adjacent to Patrick Eagan Park. There is no new construction or development associated with this proposal. Since there is no development associated with this proposal, the Preliminary and_ Final Subdivisions are being processed simultaneously. The property is being platted, and the plat shows dedication of 33-feet ofright-of--way for Deerwood Drive. EXISTING CONDITIONS There is an existing single-family home on the northwest corner of the site, which was constructed in 1982. A wetland exists in the east central part of the site, and spans proposed Lot 1, Outlot A, and the adjacent property to the east. The property is accessed via Deerwood Drive, which is unimproved at this segment. The site is located within the McCarthy Lake Shoreland Overlay District. There is a significant elevation change from the rear of the existing home to the southern property line. The property is heavily wooded and contains a wetland. SURROUNDING USES The following table lists existing uses, zoning, and comprehensive guide plan designations surrounding Langstraat Addition: Existin Land Use Zonin Land Use Desi nation North Sin le Famil Dwellin A, A 'culture LD, Low Densit South Patrick Eagan Park P, Park P, Park and Recreational O en S ace East Sin le-Famil Dwellin R-1, Sin le-famil Residential LD, Low Densit West Sin le Famil Dwellin R-1, Sin le-famil Residential LD, Low Densit 86 Planning Report-Langstraat Addition June 25, 2002 Page 4 EVALUATION OF REQUEST A. Rezoning Comprehensive Guide Plan -The Land Use Plan map indicates this property is designated LD, Low Density Residential, which allows residential development with a density range of 0 to 4 units per acre. The applicant is proposing to rezone the property to R-1, Residential Single Family. This zoning is consistent with the land use designation. In the future, Outlot A will be rezoned from R-1 to P, Park and will have the land use designation in the Comprehensive Guide Plan changed from LD to P, Park and Recreational Open Space. B. Preliminary Subdivision Compatibilitywith Surrounding Area -The property to the north is 58 acres. The property to the east was recently subdivided in similar fashion, with the southerly 1.69 acres being acquired by the City for incorporation into Patrick Eagan Park. There is no new development associated with the proposed subdivision and Patrick Eagan Park is adjacent to the site to the south. The proposed preliminary subdivision appears consistent with adjacent land uses. Density -With the existing house being on a 3.06-acre lot, the net density of the subdivision is 0.33 units per acre. The Comprehensive Guide Plan permits residential densities of 0 to 4 units per acre. Lots -The proposed lot complies with the minimum standards of the R-1 zoning district and Shoreland Ordinance as indicated in the following table. Lot 1, which contains the existing home, is 3.06 acres in area and Outlot A is 1.69 acres. R-1 Standards Shoreland Standards Lot 1 Outlot A Lot Area 1.00 acre* 40,000 s . ft.* 3.06 acres 1.69 acres Lot width 85 ft. 100 ft. 330 feet 330 feet " Mitumum lot area for properties without municipal water and sewer. Setbacks -The R-1 zoning district requires the following minimum principal structure setbacks: 30-foot front yard, 10-foot side yard (5-foot garage), and 15-foot rear yard. Based on the new lot lines, the existing home will comply with these setbacks. Other Shoreland Standards -The shoreland ordinance permits not more than 25 percent of the lot to be covered with impervious surface (i.e., house, shed, driveway, etc.). There are no plans for additional development at this time, however, the impervious area limits and restrictions on topographic alterations and vegetation removal should be considered in any future development of the property. S? Planning Report-Langstraat Addition June 25, 2002 Page 5 Gradine/TopoQraphy -The existing site has large variations in topography and is heavily wooded. The site generally slopes from north to south with grades ranging from 880 to 824 feet in elevation. No grading is proposed as part of this subdivision. Utilities -The existing house on Lot 1 is served by private septic and well systems. Existing sanitary sewer and water main lines lie within the improved portion of Deerwood Drive near the northwest corner of the site. If Deerwood Drive is extended further east, sanitary sewer and water main will likely be constructed to serve this property. Access - No change in access is proposed with this subdivision. Access for the existing house on Lot 1 is onto an existing private gravel driveway that extends from the end of the improved portion of Deerwood Drive. Public right-of--way exists along the north edge of this property for future easterly extension of Deerwood Drive. City Code requires all lots in a subdivision have improved (concrete curb & gutter, pavement, storm sewer) public street access, however, there is no new development associated with this subdivision and in reviewing the Bergin Addition last year, the City determined that the improved portion of Deerwood Drive should not be extended eastward at this time. Parks and Trails - Although a purchase agreement has not been executed to date, the property owner is a willing seller in the City's purchase of Outlot A. The transfer of Outlot A to the City should occur at the time of recording for the final plat. Storm Drainage -Storm sewer improvements will not be necessary as part of this subdivision. Airport Noise Considerations -The property lies outside of the airport noise exposure zones established by the Metropolitan Council. SU1~IMARY/CONCLUSI Old' The proposed Rezoning from A to R-1 is consistent with the Comprehensive Guide Plan designation and the proposed subdivision is generally compatible with surrounding properties. The proposed Preliminary Subdivision complies with relevant provisions of the City Code. Because there is no development associated with this proposal, there are no parks, trails, water quality, wetland or tree preservation issues relative to this subdivision at this time. ACTIOISS TO BE CO`SIDERED To recommend approval of a Rezoning to change the zoning from Agriculture (A) to Residential Single Family (R-1). To recommend approval of a Preliminary Subdivision to create one lot and one outlot (Langstraat Addition) on property located at 1250 Deern~ood Drive in the SE'/, of Section 22. If approved, the following conditions should apply. 8'8' Planning Report-Langstraat Addition June 25, 2002 Page 6 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, B3, and B4 2. The property shall be final platted. 3. The transfer of Outlot A to the City shall occur at the time of recording the final plat for Langstraat Addition. $9 STANDARD CONDITIONS OF PLAT APPROVAL a B. C. 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. 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 financial{y 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 a!I 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. 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. q0 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. ff 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 al! 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 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTSxS STANO~RD.CO~"J 9/ FINANCIAL OBLIGATION Langstraat, Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the pazcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The chazges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT TOTAL Staff recommends that no financial obligation be attached to this subdivision. The reason for this recommendation is to accomplish a sale of a portion of the property to the City. No other development will occur as a result of this subdivision. 9~ Eagan Boundary L i ~ ~ ~a~'na ocat on Map P~° ~ _j Building Footprint p c ~ ~ ~ti _ O ~ ~ ''3 ~~ ~ L~ G"_ ~ ~. ~ a ~ ~ ~- t 0 e s a ^ ~ J ~ - s ~ ~r--~~ ~ _ - ~ ~ ~ 39~-`D Fp 9 ~, ~-J ~ ~ a t J 7 i Ir G . (~ '_ ....... •... 2 y j O .T j ' L P uv ~~ M• a ~ 3 ;~ • y .., 3 ~~ q ~ .. A ~'~~ f ~ ~ 9 ®®~~'~ va a v C G 6 ~ ~ ~ , a ® 3 p c3 a s ~ s ,. as a E °: h ~ 4 . ~ . ~' ~ 4 ~ a ~ P a Q D 6 Q • ;;g ~ ~ ~ a d o ~ ~ ~ ~ ~,~. 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Pared Wu rtnp date ptovitlad try Dakota Counry Lend S~riey Departrrwnt end 4 cvnrrt as d Mucb 2002 / THIS M ",P IS ttvTENDED FOR REFERENCE USE ONLY ~ E .. t '. _ ~ - TSa City of Eagan r^~~ Dc' --~' _c,t t;• do cvt guarantee tba accuracy of th1~ {r4~--~r!'-•.. ~~,, ' S cor•,r~..y c-~d_-~~. r , .~-, !~-ta for anon or omtaaloes. Current Zoning and Comprehensive Guide Plan Land Use Map Langstraat Addition Case No. 22-RZ-05-05-02 and 22-PS-08-05-02 Zoning Map r ' . t A ~- '~ P Current Zoning: P t A Agriculture A R-1 R 1 A R-1 R-1 P R-~ P s00 0 000 t2oo r«t ~'~ O P Comprehensive Guide Plan ~ LD Land Use Map - P LD D D >< 3 Current Land Use Designation: QP LD LD LD Low Densit Residential y P F P e00 0 fW 1390 t«t ~., ^. parcel Mse map Normal prorl~idY Da~ uary Land Survey Depattmert Apr112002 ` !~ ~ ton malntatned lryCky StafL ti _ City of ~an~M ~ '~ ., •. E ' ~, TNISMAPISII`:"~"r'`~'' '~:"-R=?ICEUSEONLY ~ ~:r-_nitjD~'.°1~r."ar'. 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'u ` I ?~ t _ ' f. r ' ' 'a S ~ - A ~ • c'.} i -n~ - _ ~ ~ ~ ~ ~ ~' ~ -~ f1 ,~ ~ v ~ c u; s ~ • L ~ ~ _ _ ~ H E ~ _ _ >~ _ 'ca b;M1b i(.; ' ~ ~cNn r X cf~ z. ¢rE~ C E_ - v a ~? 8' ~I ~_ i -- - ~ -- ~ • 'f T~ •v. , •.•. r v •. -7 ^ -~ w lL 0 Agenda Information Memo July 16, 2002, Eagan City Council ~.g COMPREHENSIVE GUIDE PLAN AMENDMENT, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - EAGAN HEIGHTS TOWNHOMES 3~ ADDITION (DIEDRICH BUILDERS, INC.) ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment to establish an MD, Medium Density residential land use guide plan designation upon upon 5.21 acres of land located north of Diffley Road and west of Hwy. 77 in the SW '/o of Section 19, be submitted to the Metropolitan Council for review and approval. FACTS: • The subject site consists of approximately 5.21 acres located north of Diffley Road and west of Hwy. 77 south of Metcalf Junior High School, in the SW '/4 of Section 19. • Diedrich Builders is proposing to construct 36 townhomes on this site (29 east and 7 units west of Old Sibley Memorial Highway). • The property has been designated for commercial use since at least 1974. Because the proposed development is a residential use, Diedrich Builders is requesting approval of a Comprehensive Guide Plan Amendment from RC (Retail Commercial) to MD (Medium Density residential) to allow the townhome use on this site. • The City considered an application by Frauenshuh Companies in 2000 for ahigh-density residential land use designation for this site. No action was taken by the City at that time, and Frauenshuh eventually withdrew that request. • In evaluating the proposed Comprehensive Guide Plan Amendment, the policy matter to be determined by the Council is whether a residential townhome use is appropriate and desirable in this location. • The land use amendment request was considered by the Council at the May 7, 2002 meeting. At that time, the Council continued the request to allow the applicant to bring forward the plans for Preliminary Planned Development and Preliminary Subdivision to be considered concurrently with the proposed land use amendment. • The Advisory Planning Commission held a public hearing on the Preliminary Planned Development and Preliminary Subdivision on June 25, 2002 and recommended approval subject to conditions. • The Advisory Planning Commission held a public hearing on the Comprehensive Guide Plan Amendment on Apri123, 2002 and recommended approval. 97 ISSUES: • Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Preliminary Planned Development will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan Amendment. • Although formal City action on the proposed Preliminary and Final Planned Development will be withheld pending Metropolitan Council review and approval of the Comprehensive Guide Plan Amendment from RC to MD, it is appropriate for the Council to comment on the proposed Planned Development at this time. • Based on comments from the Council regarding the Concept Plan submitted with the land use amendment, the developer has refined the site plan to provide more buildings with fewer units per building, and reduced the number of units from 38 to 36. • The proposed Planned Development meets most typical City Code requirements for a townhome development. As a policy matter, however, the acceptability of the proposed building type an appearance, parking, site design, omission of on-site recreation space, setback deviations and other elements of the Planned Development must be determined by the Council. ATTACHMENTS: June 25, 2002, APC Minutes, pages ~ through Staff report dated June 25, 2002, pages through ~~ 9a City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 14 F. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - DIEDRICH BUILDERS A Preliminary Subdivision (Eagan Heights Townhomes 3rd Addition) of approximately 5.21 acres to create 36 lots and a Preliminary Planned Development to allow 36 townhome units, located on the northwest corner of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW'/< of Section 19. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 20, 2002. She noted the background and history. Applicant Bill Diedrich, Diedrich Builders, discussed the proposed development and alterations made to the proposal since the land use amendment application earlier in the year. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Segal stated approval of the proposal. Member Kaess moved, Member Segal seconded a motion to approve the Preliminary Planned Development to allow 36 townhome units, located on the northwest corner of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW '/4 of Section 19 subject to the following conditions: 1. The property shall be platted. 2. A revised Landscape Plan shall be submitted with the application for Final Planned Development. The landscaping shall be enhanced along the south boundary of the site to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The revised plan shall also include shrub beds to fill in gaps between clumps of trees and create a more solid and continuous landscape element. 3. Setbacks shall be a minimum of 40 feet from Diffley Road, 20 feet between buildings, and 30 feet from adjacent property and from Old Sibley Memorial Highway, and 20 feet from the private streets. 4. Each unit shall have atwo-stall garage, and allow for off-street parking within each unit driveway to fit two vehicles. 5. Visitor parking areas shall be redesigned to provide sufficient maneuvering area to allow for vehicles to turn around. 99 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 15 6. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 7. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 8. The development plans show vacation of a portion of the Old Sibley Memorial Highway right-of--way. Because setbacks, site area and the private streets and parking would be impacted if the vacation does not occur, in that event, the final development plans may need to be revised accordingly. 9. The developer shall submit building elevation plans showing all sides of the buildings with the application for final Planned Development. All sides of each building shall have the same architectural treatment as the front. The applicant shall also submit samples of the exterior materials with the application for Final Planned Development approval. 10. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 11. The development shall incorporate decorative street lights consistent with Dakota Electric's standards. 12. All signage must meet City Sign Code requirements. All voted in favor. Member Kaess moved, Member Segal seconded a motion to approve the Preliminary Subdivision (Eagan Heights Townhomes 3rd Addition} of approximately 5.21 acres to create 36 lots located on the northwest corner of Diffley Road and Hwy 77 across from Metcalf Jr. High School in the SW '/4 of Section 19 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, Cl, C2, C4, D1 and E1 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior /Q~ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 16 to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 4. The landscaping along the south boundary of the site shall be enhanced to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The landscape plan shall also include shrub beds to fill in gaps between clumps of trees and create a more solid and continuous landscape element. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 6. This proposal shall be subject to a cash water quality dedication in lieu of ponding. 7. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 8. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 9. The developer shall be responsible for obtaining permits from Dakota County for all work within Diffley Road right-of--way. 10. The applicant shall fulfill tree preservation mitigation through the installation of eighteen (18) category B trees. The mitigation trees shall be clearly identified on the landscape plan and shall be provided in addition to the required landscaping. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development shall be responsible for a cash parks dedication and cash trails dedication, payable prior to release of the final plat for recording at the rates then in effect. All voted in favor /o~ PLANI~'ING REPORT CITY OF EAGAN REPORT DATE: June 20, 2002 APPLICANT: Diedrich Builders PROPERTY OWNER: Frauenshuh Companies REQUEST: Preliminary Subdivision Preliminary Planned Development CASE: 19-PS-10-OS-02 HEARING DATE: June 25, 2002 APPLICATION DATE: (May 29, 2002) PREPARED BY: Pamela Dudziak LOCATION: Northwest corner of Diffley Road and Hwy. 77 (Cedar Avenue) CODIPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Diedrich Builders is requesting approval of a Preliminary Planned Development and Preliminary Subdivision to create 381ots for the construction of 36 townhome units in 8 buildings on 5.21 acres of land located north of Diffley Road across from Metcalf Junior High in the SW '/4 of Section 19. 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. /o.~ r;i~..n~ Report- Eagan Heights To«~~oaies ~ .~,~.::uoa Tile 25, 2002 Pase 2 D. That the site physically is suitGble for the proposed density of development. E. That the design of the subdi~~ision or the proposed improvement is not likely to cause em~ironmental 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 fled with the office of the City Clerk hereinaRer referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; /03 P.a:~:i?",~ Report -Eagan Heights To,,:u.,:: i:. _ - r..:.c;i~n June 2~, 2002 Page 3 (2) be feasible for the owner and developer economically to comple?e according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The site consists of two parcels located bet«-een Hwy. 77 (Cedar Avenue) and Old Sibley Highway north of Diffley Road. The larger of the two parcels extends across Old Sibley Highway to the west to encompass the area between Super America and Old Sibley Highway. The City considered an application by Frauenshuh Companies in 2000 for a high density residential land use designation for this site. No action was taken on that request, and Frauenshuh later withdrew the request. Earlier this year, the City considered a request by Diedrich Builders for an amendment to the land use designation for this site from RC, Retail Commercial to MD, Medium Density residential. At the May 7, 2002 meeting, the City Council tabled the land use request to allow the applicant time to submit plans for rezoning and subdivision of the property to be considered concurrent with the proposed land use amendment. EXISTING CONDITIONS The site was previously graded and is open and relatively flat. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North Condominium Townhomes; zoned PD, Planned Development; guided CPD, Commercial Planned Development South - Metcalf Junior High; zoned P, Public Facilities; guided PF, Public Facilities East - Cedar Ave. (Hwy. 77) West - Super America; zoned RB, Roadside Business; guided RB, Roadside Business EVALUATION OF REQUEST Compatibility with Surroundine Area -There is an existing townhome development to the north, which has a MD, Medium Density residential land use designation, the same as is proposed for this site. An extension of the same use to this site appears to be compatible with surrounding uses. There is some potential for incompatibilitly with the adjacent Super America to the west, /off -c ._.:... F.croi ~ - Eacan Heil :ts : ~~,;.:i.:ues ~ addition Jtii72 ?~. iOVL P°~. -f alt'.~euah the configuration of the Super America site places the parking and fuel pump activity on the west end of the Super America site with the store adjacent to the proposed townhomes. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property v~~ithin I~TOise Zone N. Within this area, multiple residential development would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA (provisional land use performance standards) as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL Density -The gross density of the proposed 36-unit development is 5.8 units per acre, with a net density (exempting the land dedicated for Diffley Road right-of--way) of 7.1 units per acre. The westerly portion of the site has a net density of 7.5 units per acre, while the net density of the easterly portion of the development is 7.0 units per acre. Preliminary Subdivision: Lots -Eight buildings totaling 36 units are proposed. The buildings range from three to six units. Separate lots are proposed for each dwelling unit, and the lots vary in size corresponding to the type of unit proposed. The City Code requires typical townhome development to have a minimum of 6,000 square feet of lot/site area per unit. Overall, the proposed development provides 6, 171 square feet of net site area per unit - 5,849 s.f. per unit on the westerly portion of the site, and 6,249 s.f. per unit on the easterly portion of the site. The developer submitted a concept site plan with his request for a land use amendment earlier this year. In response to that plan, the Council suggested that the plan be revised to show buildings with fewer units. The developer responded to this suggestion by breaking up the northerly line of buildings into three buildings (two buildings of four units and one of six units) rather than t<vo buildings (one of six units and one of seven units). The far easterly building .vas reduced from four to three units, and the building on the westerly portion of the site u~as changed from one 8-unit building to two buildings (one of four units and one of three units). Landscaping -The landscape plan shows a variety of trees throughout the site. Tree mitigation is included on the landscape plan. Staff suggests that landscaping be enhanced along the south boundary of the site to provide a more solid buffer to Diffley Road because of the reduced /06 r.ar..;ng Report -Eagan Heights 1 JI~TJiJaii~a - aQuition June 25.2002 Paee 5 setbacks that are proposed. Tl~e landscape plan should also include shrub beds to fill in gaps beh~•een clumps of trees and create a more solid and continuous landscape element. Gradin -The preliminary grading plan is acceptable. The site is open and has been previously graded. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain via public storm sewer system to an existing storm sewer pipe provided from the Eagan Heights Townhomes Addition to the north. This pipe drains north to an existing storm water pond within that subdivision. Water Ouality/Wetlands -This 5.2-acre parcel is located in the "A" Watershed that essentially drains north to the Minnesota River. Because it is adding 0.7 acres of impervious cover to the City, this development is subject to the City's water quality requirements. Due to the nature of the parcel and the proposed use thereon, however, water quality poriding is not feasible. Therefore, to meet the City's requirements, a cash dedication in lieu of ponding is appropriate for this development. There are no wetlands associated with this development. Utilities -The preliminary utility plan is acceptable with modifications. Water main is available within Old Sibley Memorial Highway and from a stub provided from Eagan Heights Townhomes Addition to the north for connection by development of this site. Sanitary sewer is available within Old Sibley Memorial Highway and to the north from a pipe stub provided with the Eagan Heights Townhomes development. Access/Street Design -Street access is proposed to dead-end private streets that will connect to Old Sibley Memorial Highway. The developer has petitioned the City for the vacation of a portion of the right-of--way for Old Sibley Memorial Highway. If approved by the City Council, the vacated right-of--way will be incorporated into the final plat for the subdivision. Because setbacks, site area and the private streets and parking would be impacted if the vacation does not occur, in that event, the final development plans may need to be revised accordingly. The Dakota County Plat Commission has reviewed the preliminary plat for the development will not allow direct driveway access onto Diffley Road (County Road 30) for this property due to its close proximity to the Highway 77 off-ramp and Diffley Road intersection. The developer should remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. /06 Punning Report -Eagan Heigi;t~ 1 v.,i,.~~rr.es 3" Addition Jtuie 2~, 2002 Page 6 Ili lieu of a cash trails dedication, the developer should construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road, as shown on the preliminary site plan. Easements/Riahts of Way/Permits -With the platting of this property, Dakota County is requiring the dedication of an additional 15 feet ofright-of--way (for a total of 75 feet of %2 right- of-way) along the entire length of this site along Diffley Road, as shown on the preliminary plat submitted. The developer should be responsible for obtaining permits from Dakota County for all work within Diffley Road right-of--way. Tree Preservation - A tree inventory submitted with this application indicates that there are 36 significant trees in the inventory. The majority are cottonwood, with some boxelder, green ash and willow. The development as proposed will result in the removal of 21 significant trees (58.3 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to eighteen (18) Category B trees. The applicant is proposing to fulfill Tree Preservation requirements through the installation of 18 Category B trees. The mitigation trees shall be clearly identified on the Iandscape plan and shall be provided in addition to the required landscaping. Parks and Recreation -This development will be responsible for a cash parks dedication and a cash trails dedication, payable prior to release of the final plat for recording at the rates then in effect. The 2002 rates are $1,406.00 per unit for parks, and $183.00 per unit for trails. Planned Development: Setbacks -City Code requires minimum building setbacks of 50 feet from Diffley Road, 50 feet from Cedar Avenue, 30 feet from local streets and 30 feet from the perimeter of the site. Typically, a 30-foot setback between buildings is also applied. The developer is proposing 30-foot minimum building setbacks at the perimeter of the site. Minimum building setbacks of 40 feet are proposed from the Diffley Road and Cedar Avenue rights-of--way. Setbacks between buildings are proposed to be a minimum of 20 feet, and are shown at 25 feet or more in some locations. The westerly portion of the site is proposed to have minimum building setbacks of 30 feet from the west property Line (adjacent to the Super America) and 45 feet from the Diffley Road right-of--way. /0 ? ria:~::.i:i~ Report - Eagan hr;ti;ts f o~~,nnomes 3`` addition ?ane 2~, 2002 Pa^_e 7 Private drives are proposed into each part of the site from Old Sibley Memorial Highway. The buildings are proposed to be set back a minimum of 20 feet from the private drive on both parts of the development. The setbacks that do not meet typical Code standards can be accommodated within the Planned Development zoning, however, its acceptability is a policy matter to be determined by City officials. The developer should note that these setbacks are measured from the structure, not from the lot line encompassing the structure. Often in developments such as this, the building is allowed to extend to the full boundary of the lot on which it sits. However, if structure setbacks are to be maintained as shown, the buildings may not be constructed up to the lot boundary. Off-street Parking -The City Code requires that at least two parking stalls be provided for each townhome unit. Each unit in this development is proposed to have atwo-stall (20 ft. by 21 ft.) garage. Also, the individual driveways provide two additional parking spaces per unit. Additional visitor parking is provided in a few locations throughout the site (four stalls on the westerly portion of the site, and 20 on the easterly portion of the site). Most of the visitor parking on the easterly part of the development is concentrated on the east end of the site. Some of the visitor parking stalls are designed such that they do not allow the parked vehicles to turn around without using one of the unit driveways. The visitor parking should be redesigned to provide sufficient maneuvering area to allow for vehicles to turn around. The private drive on the westerly portion of the site is proposed to be set at a zero setback from the Old Sibley Memorial Hwy. right-of--way, based on the anticipated right-of--way boundary after the vacation of a portion of the existing right-of--way. On the east side, the private street and parking setback from Old Sibley Memorial Hwy. is proposed to be about 15 feet. These setbacks from Old Sibley Memorial Hwy. satisfy the typical Code standards of 20 feet. These proposed setbacks can be accommodated within the Planned Development, and their acceptability is a policy matter to be determined by City officials. Architecture and Buildins? Materials -The proposed buildings on the westerly portion of the site are three levels, while the easterly portion consists of ramblers and two-story units. All of the buildings will have vinyl siding, with brick accents and asphalt shingles on the roof. The color scheme is neutral in tan and beige tones -- the siding is proposed to be "monterey sand," with a whitish brown brick and "antique parchment" soffit, fascia and trim. These colors should be compatible with the existing Eagan Heights Townhome development. Staff questions whether the architectural plans and color choices for the exterior will provide sufficient visual interest, relief and contrast on such lengthy buildings. The APC and Council may comment on these elements of the building design to provide direction to the developer. The submittal for Final Planned Development should include building elevation plans showing all sides of the buildings, and all sides of the buildings should have the same architectural treatment as the front. The applicant should also submit samples of the exterior materials with the application for Final Planned Development approval. /0 8 Planning Report -Eagan Hei•Ji-.,~ i o~.,.::or.~es ~ 'Addition June 25, 2002 Paee 8 To«-r~home Association - Th;. de~-eloper shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. Recreation Space -The zoning ordinance requires that each multiple dwelling complex provide recreational space on site. At least 200 sq. ft. per unit must be reserved as recreation/open space. Given the proposed 36 units, a total amount of 7,200 square feet of recreation area would typically be required. This requirement is not satisfied with this proposal. The developer has indicated that the market for these units is not oriented toward families with children, but is typically "professionals or empty nesters" and who are not interested or have little need for on- site recreational amenities. The developer also mentions that the site connects to the city trail system and there are facilities at the nearby school for children. Site Liehtin~ -Decorative street lights are proposed, consistent with Dakota Electric's standards. Si a e -There is no signage proposed for this development at this time. Any future signage must meet City Sign Code requirements. ' SUI\ZI\ZARY/CONCLUSION In summary, Deidrich Builders, Inc. is requesting approval of a Preliminary Planned Development and Preliminary Subdivision to create 381ots on 5.21 acres located north of Diffley Road and west of Hwy. 77 (Cedar Ave.). The proposed use and density appear compatible with the proposed MD, Medium Density land use designation, which is currently pending for this property. The land use and density also appear compatible with the subject site and surrounding property. The proposed subdivision appears acceptable with regard to site development standards for grading, drainage and utilities, and the development will not cause environmental or health problems, and the development is compliant with the City's Water Quality Management Plan. The proposed Planned Development appears generally compatible with typical City standards for townhome development. However, the acceptability of the proposed building type and appearance, parking, site design, omission of on-site recreation space, setbacks and other elements of the Planned Development are a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development for 36 townhome units in eight buildings on 5.21 acres of land located north of Diffley Road across from Metcalf Junior High in the SW '/4 of Section 19. If approved, the following conditions should apply: /0 9 Planning Report - Ezgau ti c: s..a 'I o~, ili~omes 3rd Addirion June 25, 2002 Page 9 1. The property shall be platted. 2. A revised Landscape Plan shall be submitted «-ith the application for Final Planned Development. The landscaping shall be enhanced along the south boundary of the site to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The revised plan shall also include shrub beds to fill in gaps beriveen clumps of trees and create a more solid and continuous landscape element. 3. Setbacks shall be a minimum of 40 feet from Diffley Road, 20 feet between buildings, and 30 feet from adjacent property and from Old Sibley Memorial Highway, and 20 feet from the the private streets. 4. Each unit shall have atwo-stall garage, and allow for off-street parking within each unit driveway to fit two vehicles. 5. Visitor parking areas shall be redesigned to provide sufficient maneuvering area to allow for vehicles to turn around. 6. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 7. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 8. The development plans show vacation of a portion of the Old Sibley Memorial Highway right-of--way. Because setbacks, site area and the private streets and parking would be impacted if the vacation does not occur, in that event, the final development plans may need to be revised accordingly. 9. The developer shall submit building elevation plans showing all sides of the buildings with the application for final Planned Development. All sides of each building shall have the same architectural treatment as the front. The applicant shall also submit samples of the exterior materials with the application for Final Planned Development approval. 10. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 11. The development shall incorporate decorative street lights consistent with Dakota Electric's standards. 12. All signage must meet City Sign Code requirements. //0 Planning Repot? - 1r2gan Heights To~~nhomes 3rd Addition June 2~, 2002 Page 10 To recommend approval of a Preliminary Subdivision to create 38 lots for 36 townhomes on 5.21 acres of land located north of Diffley Road across from Metcalf Junior High in the Sti'~",% of Section 19. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, B3, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 4. The landscaping along the south boundary of the site shall be enhanced to provide a more solid buffer to Diffley Road because of the reduced setbacks that are proposed. The landscape plan shall also include shrub beds to fill in gaps between clumps of trees and create a more solid and continuous landscape element. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 6. This proposal shall be subject to a cash water quality dedication in lieu of ponding. 7. The developer shall remove the existing entrance and driveway onto Diffley Road, in accordance with Dakota County and City standards. 8. The developer shall construct a 10-foot wide bituminous trail along the entire southern edge of the development adjacent to Diffley Road. 9. The developer shall be responsible for obtaining permits from Dakota County for all work within Diffley Road right-of--way. 10. The applicant shall fulfill tree preservation mitigation through the installation of eighteen (18) category B trees. The mitigation trees shall be clearly identified on the landscape plan and shall be provided in addition to the required landscaping. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. /// Planning Report - E~g~n rIe;~~~~s "i'ot~i~liomes 3`~ Addition June 25, 2002 Page 11 12. The applicant Tall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the appro~~ed Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development shall be responsible for a cash parks dedication and cash trails dedication, payable prior to release of the final plat for recording at the rates then in effect. /ra STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObliQations This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered 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. //.3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee`cr such plan shall be included in the Development Contract and shall nct be released until one year after the date of City certified compliance. D. Public Improvements 1. >f 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 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 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 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 ~TSxs STANOARO.CON //~ FTNA~" ~CIAL OBLIGATION Eagan Heights Townhomes 3rd Preliminary Subvi~~ision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT Storm Sewer Trunk USE RATE M.F. $.1125/Sq. Ft QUANTITY AMOUNT 38,768 Sq. Ft. $4,361 Total /is $4,361 ~~ ,~~ r~ E:.gan Boundary ~ Street Centerifne Locat~o~ ~~°~ap ~F~.fAre. Building Footprint ~ c ~. .Y ~ / ~ ~ a y cam. ~.- l ~ try ~" ~~ t/ `~,. G r ~ ('' ~~ , z ~ ~ ~~ shy ~`~ ~ G L ~~ ~ t c.~ ^ ~. ~ ~ ~ t ~, P r .. ~~ _ .. 4. ~ ` °r. t~ D d ~ ~ ~ F S, ca c' .. ~. ~ ~ - t- a, ~ 4 u F t: ~ tai` e m ~ ~ ~ ~ b ~ a ;,~ e . ® ~ ~ ~ ~ ~ .... ~ ~ ~° ac r ~ M k W t=~rscC ~ c E r, Ft' i,~'~~~~ L ~ ~ f ~ e` E s '= i ~~ a 4` ~ 3> `~ ~~ r' ~: ~ L aG a ~ ~ ctc ~ ~' ~ Q ~ i ~ r ~ ~ ~ 9 Q e '"' ~` " ~~' /~-~ ~~ ~ ~ ~ . . ~ ~` a n ,. 1000 D 1000 2000 Feet Development/Developer: Eagan Heights Townhome 3rd Addition Application: Preliminary Subdivision and PD Amendm Case No.: 19-PS-10-05-02 and 19-PD-0405'02 ~/ / i ~-~'- h Map Pnpamf uainp ER51 AreVMw 7.7. Panxl baw map tlah provided Dy Dakou Count' Land Survey Deparhrrnf and u euneM a of Man:h 2002. City of Eagan ~' Tttls MAP 1S tNrENDED FOR REFERENCE YSE ONLY ~ E k! ~ .a' h' E S C T A The City of Eagan and Daketa Ceurrty do not guannt.a the accuracy et this Iraformatfen and an 5 Cemmuriry tJwelopment Depertrrarnt not rosponatbl• for arrora or omiaNona. r---- - --- - - - -- - ~c~~~cl-t ~.vniag and Con-t~.~~~~~ts-~e Guide Plan Ladd Use Map -, C:~c~~:;s ;~{~igi'-ts Tovrttif;ar~~~s ~ 3rd Addition I Case No. 19-PS-10-05-02 Zoning Map Current Zoning: PD Planned Development 000 0 000 ~aa r..t tmi D s GB PF PD B a s PF ~ R8 d z R-3 ~~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: RC Retail Commercial 000 0 000 +aoe r..t tmi IND MD W W RC R RC QP R YI ~ r u GC QP ~ MD ~ ! 1 -aneN l.u. ,n.p Mlemut prevWeat, my Land fwMYCeWMne/t Apr11200L N Zen malntalned byCMy ft.IL City of Eagan Z. W~ E Community Development Department THIS MAP IS INTENDED FOR REFERENCE uSE ONLY S Tha Gty of Eagan and Dakota Cotnty do not auaranteo tha aeetaaey of thlf information. .a. ~_ oros Y~~v ~ ~?/lnoy~ ~'~; ~S M ~~ ~+ ~1 ~' r I . :e 3: u..~ t`~I `` ,~ ~ O ;~I~ c lil~i, -13g~ ~ Q = a ~'~ta y~,Y r ~ E 7:a i ~ ~ z ~ r e n~'r~" .fi I Z~ Rai ;'I;1 jt r ~ ~ p~ .I ~ ~ ~,~ ~ Y ys~ , Q ~ ~ ~~~ ;r0 ~ ~J I ~ l ~ Z ~ I s I ' j * I I~ z ,: ~ o ~ ~ ~ ~ a i ~~ Q W 1 I ~ r ~ ` ~ . ~ bi I 1 ~ ~ ~ ~ ~ 3 ~~ 1 ~ `~ ` ~ , ~ • ~ ~~ \ e ` ~ 1 N ~ ~ a 'I i e` ~ 1 ' ~ ~I / / I ~ 1 1 • ! 1 ~ ja ` \ ~ • M ~ ~ 1 1 J , ~ _ 1 1 ~~ / ` 1 ~ I i~ ~ N • -~~ I ~ `Li ~ 1 , •' 1 i ~ ; i~ ~ ~ ~ I I ~~ 1• I ~ ~~ o ~ ~ 1 _- .Jw ~ ~ ~ ~ ' - ~ i ~~i r e:. 1 I ° 1 1 i ` 0 ~ ~ ~, '' a F r i f rr - 1 ( 1 1 I ~ ' ~ ' ~ ~ , c !y -' ~ ' ' i{~ ~ .i `~ ~ ~, -~ S S ~ J ^- I ~ -` 1 r ~ e A ~v ~ I ~ e . I. ~ _ M` ., : 1 ,l -- * ` jY •~. e ~ -.~i - -- -i I a 1 t I --J - ' i y L- I ~ 1 N. 1 ~-~ ~ 1 ~ e7 • ~.-.. .. .~ I ; ( • I ~ e 1 I O I 1 I ~ .. ~ ~ _~ ^ ' ~ 1 1 1 ~.--i ~ ~ --~ i i I i ~ I I i ' ~ -. ..~M.- - ~ - O I I ~ i p. ~ ~s'~ L-_.. ~J .e yi C 1N ~qY ••~__ . y O ~ o~ _ 41 ~~ ~' ~... ....~ • • - e ~ r { ~ --- 1'i~S.-~ ~~~ I ~~~ a //8 J 0 r CONCEPT PLAN 'r0/ ~.0.rtd kSC 0.menc~wlpn'~' e ~~-Q R -- ~, a r--~ti--t-- F ~ ~ . V ~ _ ' L.-1--- --' ~, ---+ a- ~_ ~ py td A y^ ~~ i lf' ~`W lV 1~ ~ _ I I ~; ~~e~t, A~~R~l~~i1 W ._~ ~ ~ ~ i I x iI i;~~~fr~~~i~l~i{;~ ~ ~ ~ ~ ~ I W ~i ~~l~~j'i~lili;~ll ~ g ;~ ~1~i~I~Ql~l;~~f~l~ `' '=~~i ~ ~~ ~~ F,• . _ ~~L i ~ .'`^~j ~. :-1 ~1S !_ ~E o ~ ~~ I ` r c: ~~ _ 4~ ~~ -----------~.:'~-~6 O PRELIM, PLAT s~ `~ V Z d ZZ~ ~~ W d ~~ ~ eZV iW i~ ~: ~~. ~1~6~ ~~~s~E~ ~~~~E~ \~- I I _~~ ~ I I I ~° ~°I I ,li, I! F M1n 11 ~l_^T1 ' , il', - '. ~ ~ ; ~~ ~ I I \ ey 1~ r ±~ ' F I ( to ~ I I I F ~ ~ ~ ~ 1 i ~ ~ ., ' t__= ;t; a I ~ I~ j ~ Yom - I' ~ , I, ` f-+- L , ; ., J -- i ~ ti '~ I ~ ~~ ^Q 4~ e _ 4 L Yn ~ L ~_ ~ ~ ~ 111 ~ r~ c~7 1 f - ' ~ 1 ' 1`` S PUCtUpE `1 /''_ ~ ~ ! if ;, ~~~ p= "r ' ~I I /2 I ~ ,' ~ u~ ~F ~!I~ i y. ~oy~yt, NIGR~~ ~ =~~ O1D °~~ .~ ~ ~~ ; J O ] o a..: r-}---~C y r~ t ----~ :~ : i a ~. ~ ~ F_~- `fir }_ n ... ~ `~ n :~ ~ v i I I y rr ~ ~ I , F___ +~ L~ q ~ Q AA 'r ; a ~~ RC -- ` `D -R r '~ i :t ~ o F,. ~ s ~ tp I f Imp{ ' ~ i ~~ pF ^ w ~ ~ p n r ;:6 ~e^: ~~ I I I I I I I PRELIM. UTILITY PUN __ .__ /3~D z sA ~~ ~A ~~ ~~ ~~ W x i- i d' n m ~~ o wy~ W ~ S ~ i t~9 i ~ ~~~ ~ ~ t~~-~, i~~~q~ ~~~ ~ ~- F ~ z -Y .- Z}~ ~~: W y (7 ~Z~J ~W a 8 Q-~Q a g •{ r`,~y =z~ __° ~_ e 3 s s s s 1 ~~5~ ~ ,s ~ ~ \ ` ~ ill it w ~qp ~ ` i sue' I i, ~ '~' : S n t ~ ~ !I Y ~~ I i o ~ ! v ~~,,• ~ ~Iji o i '11 I~ a I'tlt ~" I ~I~ ; ,~ W B ' 1• z ~ ~~ 4 N ®'. ~ i h Z O oA C+ A ~a r-~ V O •C ~1 ~x ~-- I ,' z 'r--. ~_. t..__. _.. '~~; ~~ ~ i ~--- ~ -°~ ~~ '~ 1 \I ~_ I I , :~ ~ _~ _ ~ I 1~ ~ ~ \ ` ~ 4IIt ~ t\ I\ j `~~'~ \\~~`~/ \ III ~~~~\ ~ ~. :_~ `~ / \ \, / /~ ~ ' ~ / / ~ IIIIJ ~` / \~ // / II s~ ~ II w¢ 'u ~ II ~ ~ I `e ~ / \ J ~ ~I 1 -~ ~~ _ ~ \ I ~l ~ / ~ Joai I ~:_,-~ ~ t r~ ' a ~ I l ~: -~ / \~~~-~~ ~ 1 1 \~~ i i 1 ,\ M 1 1 \ ~ ' `~\\ ~\ II / /~ ' 11 ~t / / // `~ ' W ' I ~;I/ ~, ~~ ~~II is ,-~,~ II II I~ ' a ~ ~ : ~ ` \ ~ \~• ~~_ _ - ~~_ .r' r- '- ~_-_ _ _~ \ \ i ~ i ~. \' J' i~h I ~~ I' II I11 II ICI! ~~~o,, I , ~,, I Ill,x~ I I hall '!III Vi II Ilvll ~~I I ~ I Iql I lol i la I ' L~ ~,,, ( { ~ 1V I I ~II~II -~ '~ I --`-~----- ire; :I I /":.r ~ II -~ _~ I __ - - , ~~ I r I I _~ ~ PRELIM. GRADING PLAN o J ~ N m~ = o Y v~ ~ ~_ ~y W ¢ D '! t~y ~ t~r T ~. =r} ~ fr1 F~ ~#~~4/~ /= a Z i ~~ Z ~ ~-~ ?'z s~ W <L W r0 ? 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'^y ~~. ., ~~< . .:~r.` ~e s y I s " ;~ m` I~ ~K.LYL06 ~~ I i I ~! I ~ ~~ c =~'= 1 5 ~` t~ "` ~ ~i ~_ _ __ -_.__y~lt ~ /~~ Si E s' s ~~ A ~ p s Vii; E~; ~~ ~ ;° _~ ~ C~ £ C ~ ~,a~ ~ ~ r ~ ~ ~~ ~~~ ~~ ~ ~~~ ~~ ~ LIa \ z Q ~~ a~ ~~ W •=~ a~ II ~, f} - ~~ ~i ~~~ r[# !~; t ?fi s ,~ r~ E~EF[~ t~{j F F ~7 ~ Z f ~-~ zZt `~ W t ~ Sao € W ~I i~~~'1 r i~ I L~r. I t -° ~_. ._ ~. r-- ,.. Agenda Information Memo July 16, 2002, City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELINIINARY SUBDIVISION - GREYHAWK TOWNHOMES (MARK GERGEN) ACTION TO BE CONSIDERED: To direct that a Comprehensive Guide Plan Amendment changing the land use designation from RC (Retail Commercial) to MD (Medium Density Residential) on Lot 3, Block 1, Blackhawk Plaza, located at 4150 Blackhawk Road in the SW '/< of Section 19 (Interstate Highway 35E and Diffley Road), be submitted to the Metropolitan Council for review and comment. FACTS: • The 3.2 acre vacant site is zoned RB (Roadside Business). • The applicant is proposing to change the Comprehensive Guide Plan designation from RC (Retail Commercial) to MD (Medium Density Residential - 4 to 12 units per acre) to develop the site and adjacent 5.1 acre unplatted parcel to the west (designated MD) into 44 townhomes. • The existing single family dwelling is proposed to be incorporated into the development. • The overall development site is 8.3 acres and 45 units are proposed, thus the density is 5.75 units per acre. • The proposed land use designation appears to be compatible with the townhomes to the north and commercial uses to the west. • Townhomes are proposed to be configured in three, four, and five unit groupings. • A recreational area is incorporated into the development. • Access for the townhome development is proposed via Blackhawk Road and through the Diffley Plaza commercial center. • The City Council reviewed and denied the request on May 7, 2002, because the existing RC land use designation was determined to be a more appropriate use of the property due to its location adjacent to Interstate Highway 35E, and the submitted site plan did not provide adequate information for the City Council to determine compatibility with the land use of adjacent parcels. • On May 7, 2002, the City Council approved Mr. Gergen's request for reconsideration to allow the Comprehensive Guide Plan Amendment to be processed concurrently with the, then yet submitted, Rezoning and Preliminary Subdivision applications. • On June 25, 2002, the APC reviewed the Preliminary Planned Development and recommended approval by a vote of 6 to 1, with one Commissioner dissenting because he felt the project should not be zoned PD, but R-3 (Residential Townhouse). The Preliminary Subdivision was also reviewed and the Commission recommended approval by a unanimous vote. ISSUES: Since Comprehensive Guide Plan Amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Preliminary Planned Development and Preliminary Subdivision will be withheld until the Metropolitan Council has responded to the proposed land use designation change. Although formal City action on the proposed Preliminary and Final Planned Development will be withheld pending Metropolitan Council review and comment of the Amendment, it is appropriate for the Council to comment on the proposed rezoning and subdivision at this time. /33 Agenda Informational Memo Comp. Guide Plan Amend., Rezoning, and Prelim Subd. - Greyhawk Townhomes July 16, 2002, City Council Meeting Page 2 • At the June 25, 2002, public hearing for the Preliminary Planned Development and Preliminary Subdivision, residents expressed concern regarding drainage, tree removal, and traffic resulting from the development of the property. • The site plan has issues with building elevations and pad placement. Architectural relief should be provided with use of several exterior materials and alteration in pad arrangement. • The proposed recreation area does not appear to be in an appropriate location for its purpose. • The applicant submitted a revised landscape plan on July 8, 2002. The plan addresses much of the comments and conditions of approval in the planning staff report. ATTACHMENTS: June 25, 2002, APC meetin minutes age~o ~ ~~ Planning staffreport, pageto /a y City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 17 G. REZONING & PRELIMINARY SUBDIVISION - MARK GERGEN & ASSOCIATES A Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 44 lots for townhomes, one lot for a single family dwelling and three Outlots, located north of Blackhawk Plaza between Blackhawk Road and 35-E in the SE Y4 of Section 20. Planner Kirchoff introduced this item and highlighted the information presented in the City Staff Report dated June 21, 2002. She noted the background and history. Mark Gergen described the position of the proposed tree protection fence. He displayed a color rendering of the proposed townhomes. He stated the street width would be 28 feet, indicating the need for a private street. Chair Huusko opened the public hearing. Four Eagan residents were present and expressed concern for the preservation of existing trees along the common property line, maintenance of green space and ground water run off. They also stated concern with traffic safety, access through the shopping center and tree preservation to help with noise control from the recreational area. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Mr. Gergen described proposed tree preservation along the property line abutting the townhome development. He stated the proposal is for a tree fence eight feet from the property line, leaving the underbrush. Member Kaess moved, Member Segal seconded a motion to approve the Rezoning of approximately 8.4 acres from A (Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Planned Development for 44 townhomes, one single family dwelling, and three outlots on 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) located north of Diffley Plaza and west of Interstate Highway 35E in the SE'/< of Section 20 subject to the following conditions: 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for 44 townhomes and one single family dwelling. 3. The term of this Planned Development shall be five years. /3S City of Eagan Advisory Planning Commission Meeting June 25, 2402 Page 18 4. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Additional deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Windows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around all windows 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. Member Steininger expressed opposition and stated the property should be zoned R-3. A vote was taken. /~ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 19 Aye: Chair Huusko, Bendt, Nosbush, Kaess, Segal and Stackhouse. Nay: Steininger. Motion carried 6-1. Member Kaess moved, Member Segal seconded a motion to approve Preliminary Subdivision to create 45 lots and three outlots on 8.235 acres (Greyhawk Townhomes) on property located at 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) north of Diffley Plaza and west of Interstate Highway 35E in the SE '/4 of Section 20 subject to the following conditions: Standard Conditions The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; C1, 2, 4; D1; E1 Platting 2. The property shall be platted. Parks and Recreation 3. The proposal shall be subject to cash park and trail dedication. Tree Preservation 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" areas along roads and between buildings for landscape requirement trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. c. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. To acknowledge that the applicant will preserve tree #45 by transplanting it to an area near the west pond. 7. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. /3 7 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 20 8. To require that the applicant contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality 9. This development shall be responsible for a cash dedication in lieu of ponding. Erosion Control 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. Easements 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of final subdivision. 12. If the property owner of Parcel 010-78 is agreeable to accepting a private street access easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. Townhome Association 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own Outlot B. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. All voted in favor. /38 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2002 CASES: 20-PS-11-OS-02 20-PD-OS-OS-02 APPLICANT: Mark Gergen HEARING DATE: June 25, 2002 PROPERTY OWNER: Hugh/Judith Steward, APPLICATION DATE: May 30, 2002 Michael Tobin, and Thomas Roberts REQUESTS: Preliminary Planned Development PREPARED BY: Cynthia R. Kirchoff Preliminary Subdivision (Greyhawk Townhomes) LOCATION: 4106 Blackhawk Road and 4150 Blackhawk Road (LJnplatted Parcel and Lot 3, Block 1, Blackhawk Plaza) East of Blackhawk Road and west of Interstate 35E COMPREHENSIVE PLAN: MD, Medium Density Residential - 4-12 u/a (Unplatted parcel) RC, Retail Commercial (Lot 3, Block 1, Blackhawk Plaza) ZONING: A, Agriculture (Unplatted parcel) RB, Roadside Business (Lot 3, Block 1, Blackhawk Plaza) SUMMARY OF REQUEST Mark Gergen and Associates is requesting Preliminary Planned Development approval for 44 attached townhomes and one single family dwelling and Preliminary Subdivision (Greyhawk Townhomes) approval to create 441ots for attached townhomes, one lot for a single family dwelling, and three outlots on 8.3 acres located east of Blackhawk Road, north of Diffley Square, and west of Interstate 35E in the SE'/4 of Section 30. The Planned Development zoning is necessary to accommodate the proposed mixed housing types in one zoning district, private streets, and lots without public street frontage. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: /39 Planning Report - Greyhawk Townhomes June 21, 2002 Page 2 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 chazacteristics 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 solaz energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." /~o Planning Report - Greyhawk Townhomes June 21, 2002 Page 3 Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The proposal overlays two parcels, one of which is unplatted and the other, located immediately adjacent to Interstate Highway 35E, is Lot 3, Block 1, Blackhawk Plaza, which was platted as part of a nine lot commercial development. When the plat was approved in 1986, a four story hotel was shown on the plans for the subject site. Lot 3 does not have direct access to a public street, but does have an access easement through Lots 1 and 2, Block 1, Blackhawk Plaza. In 1996, the City preliminarily approved, but did not implement, a Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza, to change the land use designation from RB (Roadside Business) to D-IV (Multiple Family Residential) for the construction of an affordable elderly housing development. On April 16, 2002, the City Council denied Mark Gergen's request for a Comprehensive Guide Plan Amendment to change the land use designation on Lot 3, Block 1, Blackhawk Plaza, from RC (Retail Commercial) to MD (Medium Density Residential) because the existing RC land use designation was determined to be a more appropriate use of the property due to its location adjacent to Interstate Highway 35E and the proposed site plan did not provide adequate information for the City Council to determine compatibility with the land use of adjacent parcels. However, on May 7, 2002, the City Council approved the applicant's request for reconsideration to allow the Comprehensive Guide Plan Amendment to be processed concurrently with the, then yet submitted, Rezoning and Preliminary Subdivision applications. EXISTING CONDITIONS A single family dwelling, constructed in 1963, and two accessory structures occupy the unplatted parcel. Lot 3 is vacant. Significant trees are scattered throughout the site. A depression is present in the extreme southeast portion of Lot 3 and a knoll exists near the center of the unplatted parcel. ~~/ Planning Report -Greyhawk Townhomes June 21, 2002 Page 4 SURROUNDING USES The following table displays existing uses, zoning, and land use plan designations surrounding the proposed Greyhawk Townhomes: Existing Use Zoning Land Use Designation North Townhomes; Single R-4, Residential MD, Medium Density Family Dwellings Multiple; Residential A, Agriculture South Diffley Square -- NB, Neighborhood RC, Retail Commercial RetaiUCommercial Business East Interstate Highway 35E West Blackhawk Road; PD, Planned LD, Low Density Single Family Development Residential Dwellings EVALUATION OF REQUESTS I. Preliminary Planned Development Proposal - The applicant proposes to develop the site with 44 townhomes and one single family dwelling. The existing single family dwelling is to be retained with this proposal. Townhomes are proposed to be configured in three, four, and five unit groupings. Outlot A and C are reserved for future development and Outlot B is proposed as the private street. Access is proposed via Blackhawk Road and through the Diffley Square shopping center to the south with a private street easement. A recreational area is incorporated in the development. A trail proposes to connect the project with the trail on Blackhawk Road. Comprehensive Guide Plan - The Comprehensive Guide Plan designates the unplatted parcel as MD (Medium Density Residential - 4 to 12 dwelling units per acre) and Lot 3, Block 1, Blackhawk Plaza as RC (Retail Commercial). The proposed townhome development is consistent with the MD designation of the unplatted parcel. Townhomes are not consistent with the RC land use designation. The Comprehensive Guide Plan states that Medium Density Residential often acts as a buffer between low density residential and higher intensity uses. This land use category provides for the development of attached housing units, including two-family dwellings, townhomes, and condominiums. It is deemed compatible with some commercial given appropriate scale, buffering, and design treatment of the higher intensity uses. ~~ Planning Report - Greyhawk Townhomes June 21, 2002 Page 5 As previously noted, the applicant did seek to amend the Comprehensive Guide Plan on the platted parcel from RC to NID to allow for the development of townhomes. The Advisory Planning Commission recommended approval, but the City Council did not support the initial request because of insufficient information and potential incompatibility with adjacent uses. The Comprehensive Guide Plan Amendment would need to be approved by the City Council prior to Preliminary Planned Development and Preliminary Subdivision approval. Compatibility with Surrounding Area - The subject site abuts a townhome development to the north, a commercial development to the south, and Interstate Highway 35E to the east. A townhome development appears compatible with the adjacent uses and rights-of--way. Planned Development Zoning - The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the R-3 (Residential Townhouse) zoning district standards are used as a basis for comparison with this proposal. R-3 Bulk Standards - Although the applicant is requesting to rezone the property to PD (Planned Development), the site plan was reviewed utilizing the R-3 (Residential Townhouse) zoning district standards. Setbacks - A 30 foot perimeter setback is required in the R-3 zoning district. Since the development abuts an interstate the minimum setback from the property line is 50 feet. The proposal indicates that all units will comply with the minimum setbacks; however, decks are shown on the elevation plans but not on the site plan. Decks more than 30 inches above fmished grade cannot encroach into minimum required setbacks. The Subdivision Ordinance requires a minimum ZS foot setback for buildings from a private through street and 20 feet for private dead-end streets. The site plan indicates that the front yard setback can be maintained. Building Coverage - In any residential zoning district, a maximum of ZO percent of the lot can be covered with buildings. The site plan indicates the total building coverage is approximately 16 percent. Lot Area - The Zoning Ordinance requires a minimum of 6,000 square feet of area be provided for each dwelling unit. The property is 8.3 acres and 45 units are proposed, thus, the density is 5.75 units per acre. Based upon the minimum square footage per unit allowed by the Zoning Ordinance, 60 townhome units could be placed on the subject site. However, that number of units would not be possible due to site configuration and existing features. /f~3 Planning Report - Greyhawk Townhomes June 21, 2002 Page 6 Building Height - Building height is limited to 3 stories in height. The proposed elevation plans indicate the units will be two story walkouts or two story units with a crawl space. ArchitectureBuilding Design - The elevation plans indicate that siding is proposed on all elevations of the townhome units. All units have gazage doors on the front and windows on the back. No windows are proposed on the sides of the end units. Building elevations appear to lack interest and variety. Garage door and window placement aze too symmetrical. Staff recommends that architectural relief be provided with the use of several exterior materials and/or building placement, windows on side elevations, several styles of garage doors, and accent trim around windows. Landscaping -The landscape plan is not acceptable. The number and type of proposed plantings do not appear to be appropriate. Deciduous trees aze proposed along the property line abutting Interstate Highway 35E for noise abatement.. Coniferous planting should be installed to act as a screen. Existing vegetation and berming in the right-of--way cannot be utilized to comply with ordinance, because they are not located on the subject site. Limited amounts of deciduous and coniferous plantings are proposed for internal landscaping. Additional deciduous plantings and shrubs should be incorporated into the landscape plan. A foundation landscape plan, including small shrubs, has also been provided along the front of each unit. The Zoning Ordinance requires commercial uses to be screened from residential. The landscape plan indicates that the Diffley Square commercial center has provided conifer screening along the rear of the existing building; however, landscaping has not been provided on the adjacent vacant commercial lot. The landscape plan indicates that coniferous trees are proposed to act as a buffer. The total amount of landscaping does not appeaz to equal three percent of the building value, as required by the Zoning Ordinance. Tree mitigation cannot be considered in determining landscape value. Staff recommends that additional deciduous understory and overstory and coniferous be installed on the site. Additional comments concerning plantings are included under Tree Preservation. Pazking - The Zoning Ordinance requires two stalls for each dwelling unit. A gazage will fulfill this requirement. Each unit is proposed to have two enclosed stalls (with the gazage) and two stalls in the driveway. Ten visitor parking stalls are incorporated into the site plan. The Zoning Ordinance does not specify a minimum number of stalls for a townhome development. Staff recommends that the two visitor stalls shown near the entrance be shifted to the east to be more centrally located within the development. Li htin -Alighting plan was not submitted with the Preliminary Planned Development. The Zoning Ordinance requires that on-site lighting shall be provided as is necessary for security, ~~`~ Planning Report - Greyhawk Townhomes June 21, 2002 Page 7 safety and traffic circulation. Illumination shall be shielded and not directed towazd public rights-of--way or adjacent properties. Staff recommends that light fixtures on poles be limited to 20 feet in height. Signage - A signage plan was not submitted with this proposal. Any signage installed for the development shall comply with applicable portions of the Sign Ordinance. That is, a freestanding ground sign shall not exceed seven feet in height with no more than four feet of height dedicated for sign display area. Also, the sign shall be located a minimum of 10 feet from all property lines. Recreation Area - The Zoning Ordinance requires that multiple family dwelling developments have a minimum recreation azea of 300 square feet per unit. The site plan indicate a recreation area is proposed at the southeast corner of the site adjacent to Interstate Highway 35E. Staff has concerns about the proposed location due its utility and location (not central in the development). Planned Development Standazds -The Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: 1. better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2. be feasible for the owner and developer economically to complete according to proposed plans; 3. benefit the community at lazge to a greater degree than would development of the underlying zoning district. Finding: The use appeazs to be appropriate given the location and adjacent uses. However, the site plan could be reconfigured to provide additional landscaping, particulazly adjacent to Interstate Highway 35E and internally, and relief in the placement of the units. Staggering the pads and varying exterior.materials would offer interest in the overall site plan. Term - Staff recommends a five year term for this Preliminary Planned Development. II. Preliminary Subdivision Lots - The applicant proposes to subdivide 8.3 acres into 441ots for townhomes, one lot for a single family dwelling, and three outlots. The townhome lots range in gross area from 2,536 to 35,341 square feet. The lot for the single family dwelling is 20,789 squaze feet in area. Outlot A and C aze reserved for future development and Outlot B is proposed as a private street for the development. A recreation area is shown on Lots 15 and 16. Staff recommends that the recreation area be platted as an outlot. /~S Planning Report - Greyhawk Townhomes June 21, 2002 Page 8 Preliminary Subdivision Findings/Design - The proposed subdivision complies with most applicable City Code provisions, but the eastern portion of the development is not in compliance with the Comprehensive Guide Plan because it is guided RC (Retail Commercial). The physical characteristics of the site are suitable for this type of development; however, the amount of tree removal exceeds the amount permitted by the Zoning Ordinance. Tree Preservation - A tree inventory submitted with this application indicates that there are 60 significant trees on the development site. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Elm 15" 12"-21.5" 28 47% Spruce 30 ft. hgt. 13'-45' hgt. 13 22% Cottonwood 30" 12"-37.5" 7 12% The balance of the tree inventory is comprised of box elder, maple, basswood, and crabapple trees averaging approximately 12 inches in diameter. The development as proposed will result in the removal of 40 significant trees (or 66.7 percent of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40 percent of the total significant trees. With a proposed removal more than the allowable amount, there will be required tree mitigation for this proposal. This required tree mitigation calculates to 21 Category A trees, 42 Category B trees, or 84 Category C trees, or an equivalent combination of any Category. The applicant has proposed to preserve tree number 45, a 13 foot tall spruce tree, by transplanting it to an area south of the proposed pond in the west portion of the site. The applicant has submitted a Tree Mitigation Plan that shows fulfillment of Tree Preservation requirements through the installation of 22 Category A trees. Staff recommends the following revisions to the landscape and tree mitigation plan: a. Tree mitigation trees shall be placed in more "natural" areas, (around ponds or along external property lines), while reserving "plantable" areas along roads and between buildings for landscape requirement trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. Such trees will grow to a mature width, at the base, resulting in sight line and/or physical space problems. c. Tree species and caliper size shall be noted on the Tree Mitigation Plan (and the Landscape Plan). The submitted plan indicates only that coniferous trees and deciduous trees will be installed. Wetlands/Water Quality - The 8.4-acre proposed subdivision is located in the "A" Watershed that drains to the west through the stormwater system to the Minnesota River. The development is proposed to meet the City's water quality requirements by directing stormwater from each of /S~6 Planning Report - Greyhawk Townhomes June 21, 2002 Page 9 two sub-drainage areas to a constructed treatment pond. One sub-drainage area (5.0 acres) is proposed to drain west to a treatment pond that is proposed to be located adjacent to Blackhawk Road. This pond should have a minimum treatment volume of 0.52 acre-feet covering a minimum surface area of 0.24 acres. The other sub-drainage area (2.4 acres) is proposed to drain to the southeast to a treatment pond. The pond should have a minimum treatment volume of 0.38 acre-feet covering a minimum surface area of 0.20 acres. Both proposed stormwater ponds should be constructed with a 10:1 aquatic bench from the normal water level and outlet structures should meet CityAdesign standards. Stormwater from 1.0 acre of the site is proposed to drain off the development site. This will be subject to a cash dedication in lieu of ponding. There are no wetlands associated with this development. Noise Abatement - A noise abatement plan is required when a plat abuts a freeway, major arterial or other area that generates high volumes of noise, according to the Zoning Ordinance. Abatement shall be accomplished by the use of berms, vegetation, walls or combination of the three. Since the site abuts Interstate Highway 35E, a noise abatement plan is required. The proposed landscaping consists of eight deciduous trees. Deciduous trees do not typically provide a noise buffer, therefore, staff recommends that coniferous plantings be incorporated into plan. Grading/Erosion Control - The preliminary grading plan is acceptable. The site is lightly to heavily wooded and generally slopes toward the center and the west edge of the site. Two retaining walls, one five feet in height and the other six feet in height, are proposed around Parcel 010-78 in the northwest corner of the site to accommodate the proposed development. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -The preliminary storm drainage plan is acceptable. A majority of the storm water runoff from the development will drain via public storm sewer to a constructed storm water pond near Blackhawk Road that will drain through the existing storm sewer system in within Blackhawk Road. The remainder of the development's runoff will drain to Pond AP-7.2 (as designated in the City Storm Water Management Plan -1990) an existing pond low area in the southeast corner of the site. The developer is proposing to modify the pond to satisfy the development's flood control and water quality needs. Pond AP-7.2 drains to the west through existing storm sewer pipe within the Diffley Square commercial development. Utilities - An existing 8-inch diameter water main is available through the center of this property for connection by development of this site. The proposed development will require the relocation of a portion of the existing water main on the site. Sanitary sewer of sufficient size, depth and capacity is available within Blackhawk Road to the west and from the Diffley Square retail development to the south. /~f~ Planning Report -Greyhawk Townhomes June 21, 2002 Page 10 Streets/Access/ Circulation - Public street access is proposed from Blackhawk Road to the west, in direct alignment with Kathryn Circle. Private street access is also available, and proposed to be utilized, through the Diffley Squaze retail development to the south. The existing driveway for the existing house on proposed Lot 1, Block 4 onto Blackhawk Road is proposed to be relocated to have access via the private street Easements/RiQhts of Way/ Permits - The developer will be responsible for obtaining all regulatory agency permits required by the affected agencies. Existing drainage and utility easements within the site are proposed to be vacated and re- dedicated with the final plat. The vacation of the existing easements should be petitioned by the developer and approved by the City Council at time of Final Subdivision. To eliminate a the possible future direct access onto Blackhawk Road, a collector roadway, this development should provide the opportunity for street access for the possible development of Parcel 010-78 (shown as the exception parcel on the preliminary plat). If the property owner of Parcel 010-78 is agreeable to accepting a private street access easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant should prepare and record the easement subject to review and approval by the City Attorney. Townhome Association - The applicant shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted to and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townhome Association should be recorded with the subdivision. Park and Trail Dedication - On June 17, 2002, the Advisory Parks Commission reviewed this item and recommended that park and trail dedication be fulfilled through a cash dedication paid prior to release of the final plat for recording at the rate then in effect. Future Development of Adiacent Parcel - The applicant has submitted a plan indicating how the exception parcel could potentially develop in the future in relation with the proposal. It shows an additional seven units accessed via the proposed private street. Approval of the subject proposal does not constitute approval of the ghost plat of the exception pazcel. Neighborhood Meeting - The applicant hosted an informational meeting on June 18, 2002, to present plans to adjacent property owners. Staff did not attend this meeting. /~~' Planning Report - Greyhawk Townhomes June 21, 2002 Page 11 SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development and Preliminary Subdivision to create 441ots for townhomes, one lot for a single family dwelling, and three outlots on 8.3 acres. The proposed development is consistent with the Comprehensive Guide Plan on the unplatted parcel, but is inconsistent with the land use designation on the platted parcel. Approval of the Comprehensive Guide Plan Amendment for Lot 3, Block 1, Blackhawk Plaza is required prior to approval of the Preliminary Planned Development and Preliminary Subdivision. Overall, the use appears to be generally compatible with the adjacent residential and commercial. However, the site plan has issues with landscaping, tree mitigation, and building pad placement. The number and placement of plantings should be revised to provide a more appropriate plan. Furthermore, some architectural relief should be provided with use of several exterior materials and pad placement. The proposed recreation area does not appear to be in an appropriate location for its purpose. The appropriateness of the proposed Preliminary Planned Development on the subject site is considered a policy decision to be determined by the Advisory Planning Commission and City Council. ACTIONS TO BE CONSIDERED I. To recommend approval of a Preliminary Planned Development for 44 townhomes, one single family dwelling, and three outlots on 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) located north of Diffley Plaza and west of Interstate Highway 35E in the SE'/4 of Section 20. If approved, the following conditions should apply: 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for 44 townhomes and one single family dwelling. 3. The term of this Planned Development shall be five years. 4. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan /u9 Planning Report - Greyhawk Townhomes June 21, 2002 Page 12 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Additional deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Windows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around al] windows 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. II. To recommend approval of a Preliminary Subdivision to create 451ots and three outlots on 8.235 acres (Greyhawk Townhomes) on property located at 4106 and 4150 Blackhawk Road (Lot 3, Block 1, Blackhawk Plaza) north of Diffley Plaza and west of Interstate Highway 35E in the SE'/4 of Section 20. If approved, the following conditions should apply: Standard Conditions The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; C1, 2, 4; D1; E1 /Sd Planning Report - Greyhawk Townhomes June 21, 2002 Page 13 ' Plattin 2. The property shall be platted. Parks and Recreation 3. The proposal shall be subject to cash pazk and trail dedication. Tree Preservation 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. 5. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" azeas along roads and between buildings for landscape requirement trees. b. Coniferous trees (spruce or pine) shall not be planted neaz buildings, vehicle intersections, and trails. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. The applicant shall preserve tree #45 by transplanting it to an area neaz the west pond. 7. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 8. The applicant contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Water Quality 9. This development shall be responsible for a cash dedication in lieu of ponding. Erosion Control 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standazds. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. /S/ Planning Report -Greyhawk Townhomes June 21, 2002 Page 14 Easements 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of final subdivision. 12. If the property owner of Parcel 010-78 is agreeable to accepting a private street access easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. Townhome Association 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own Outlot B. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. /S~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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-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 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. /5"3 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 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANOARD.CON /~" FINANCIAL OBLIGATION Greyhawk Preliminary Subdivision There are pay-off balances of special assessments totaling $3,458 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the pazcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following chazges aze proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk M.F. $.1125/Sq. Ft 68,038 Sq. Ft. $7,654 Storm Sewer Trunk M.F. .0225/Sq. Ft. 82,500 Sq. Ft. 1,856 Water Lateral M.F. 6.10/Sq. Ft. 476 F.F. 2,904 Storm Sewer Lateral M.F. 25.55/F.F. 376 F.F. 9,607 Total $22,021 /ss a Eagan floundary Location Map ~~~N`,~ .M ~ euudMno F~fMet r ~ , ~ _a- ~~ ~ _ r DevelopmerrtlDeveioper: Grayhawk Townhomes Application: Preliminary Subdivision/Prelim PD/Rezoning Case No.: 20-PS-11-OS-02/20-Pi?-fly-L~5-42120-RZ-06-05-02 Map pnpan a:rq ~. 1 7 ' nral '.+a as ma ab providad ~' M Dakoh t:oa+ . ;ard y' . ~a :umn • of Mares 2802 C1ty Of Eagan TMI9 H-a. ,`rT?"''c7 T03 F.°; HCE UEE ONLY v Y •. c ~ ~' a C.y ct Eagan er.d Oaiot. ~o J~ ~- ~ i +- tha aceuncy o} thfe IrAormatior... .. Cemw,u y!y c.. r~a~Mr warn-.mot - n.~t ~~~_ :•wr or omleslone. ®~^ l®. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Pian Greyhawk Townhomes Case No. 20-PS-11-05-02, Land Use Map 20-PD-05-05-02, 20-RZ-06-05-02 Zoning Map Current Zoning: RB Roadside Business A Agricuture NB Neighborhood Business 000 0 000 7300 F..1 _ ~~ ~=~- R-4 P ®~ R-4 ~® I i ~ I A ~; ~ NB RB PD A G.S.A.N. NO. 30 (DIFLlY ROAD) PD GB R-4 ~~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: MD Medium Density Residential RC Retail Commercial 000 0 000 1200 F..l r~ ~ i MD P ®® ~~ MD ~ d C ~~ M ~° D ~ RC RC QP GiA.N. NO. 30 (DIFLEY ROAD) MD MD ~. ~ ~ D 1 U i ~ ~-r t A / ,~ /sc.l ba>• nup Mf alb o •my'r(wwyy,,^J''a Can Land 3wey D.paRn7eR April 2002. ~rMfe atlo~ainuln byCity StaK <_ City o~ r=;~,r.~ : ~ ~,~ - - - THIS M ~ ~ " - ='. -.:"E USE ONLY `_~_ The City of Eagan and Dakota~.~t.'+ _-_ _ ~_ 5 ~ a' ~.a the accuracy of this Infortnatior.. t.~~. ~, S r ` r t~ S i t i t T r S i - , t L i t t~• f - i~~ iF;; i i iii ~ S ~~ . - ' E S R ~~ r_ ' ~ !f ~ i i J ~~5 ^ s ~ ~ { e + ~ ~ ~ _ ! l j n ~t ? _~_~ i j • Y f~E' 71 `ti =t~~~ij ~ S r E i`j_~I ,.ia /% z `~ ~~` ' > .,^`' / . p~7 / t i ~' `,'ji - 'I, h ~± J W I! ~ ~ Q e V li a ~ i , .,•. a, ~~ '° ~ t• '``1 ` •d p r' ~ '~• 1 i ~~ ~ •ti .,. ~ , «. ~ 'is ii of ~ + - ~ f1 - - - - ~s ~ .,~.~ _.~.- - -~ - ,,r, - ,",,. 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I•' '', -III' !I;,!~ _ ~.~;.t' .I h'~ ~:.. II I .. iY. Ay~.. n~ ' ;~I r f ' „ ~~~1 i i ~4 •,r n „ '1'i'„I~;;a. ~, .I,' ~~~ . s ~ ~ifi 1 It dl~; .II~;I~i~11..~i sjlfr~!' ' ,} .I. n i~. LEI ~lid~ ~IlPll~l ill I ~' I I~I , li'+ f 'L'I I ;. i ••!I' r,jl~~ll'tilpLl ~~ IIII .~,I '1 `fir'. ~ .. i I~~ j ,II I I. ~ !I~I.I '~ ,III (I!I~~, ~~III II :' I I~ Iiil I• .. I' l~ i._. ' L '~ .. li' li ~ ~_' ' 1, 'll, ~~'I - ~l (/~ ti~ ~ "i :' t iY:i:.S'r , S ~ 1 V~ ~~• !~1 ,•~ S ,e: ~.A .' ~ fi~. ~~,~! ~ I i i i I i i i i I 1 I i i I, I - 'Im ~ ~ I ~~ ~~~ ~ ~I .~ ~_. I _ - . _ ~' -~ _~ ,; - I, ~~, ~ I. ~~ - j A~ i ~ III > - :. ~_ 0 ~~ ~ -~~~ I ~I. ~ ~I ~ ~ i ,~~ ~~ .-~- - i.._ i ~ ~„' ii: -~ ~~I! _, . •~ 0 c _'~ I ~:. I ~ ~ c' a ac c ~_ a ~~ r' LtiZ .J c t- w J /6 7 REAR ANC Sl~E E'.._.EVATION r } J I J '1' ~ I ~~ ~ d,.° I~ °- ~~~ ,, !~ ~ I ;~ ~~~~ ~~ ` II I I r ~ II' '1 ~ ~~~ I ~ I, II ~j ~;~ ~ I~ i;'~-! I ~ i I +_ !~ ~ ~~_ ~- h I i 6..v~ ~ ~~ '~ ~, I ~; ~ ;; 1 ~ ~~ I I: i ~' ~ I ~ ' ~ ~I ~ ~ ~~~ lI , I ' I fI -->JI T,~ I»- r, ~I ~II ~~ ~ I~ ,c A I I ~~ ?~~,;,- ~ '' _-,; I~ II I II it i } / ~ it II =~ ~~ :n :~, ~~ Q -- x J dJ ~~ a W J ,L ~^~ ~" q a, i I~ -~ ! o 0 ~~ a~ ~I W ld ~ , OL N /6S' May 28, 2002 Ms. Cyntttla R. Kirchoff City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1287 Dear Cindy, The purpose of this letter is to describe the application request for Rezoning and Preliminary sutxlivision for the properties known as 4106 Blackhawk Road and Lot 3, Block 1 Blackhawk Plaza. The property 4106 Blackhawk Road is currently used as a single-family residence. It is located on approximately 5 acres of land. lot 3, Block 1 Blackhawk Plaza is currently a vacant, 3.8 acre piece of property. This piece of land was originally developed in 1987, and remains vacant. To create 'Greyhawk', a new 4d-unit townhouse community, we propose a division of the 4106 Blackhawk Road property. The existing home would remain in tact on an approximately one-half acre lot, and the balance of the land would be combined with l_at 3, Block 1 Blackhawk Plaza to allow for the development of Greyhawk. The table bebw outlines the existing and proposed Comprehensive Guide Plan designations and Zoning Classifications for the two proAerties mentioned above. Status 4106 Blackhawk Road Lot 3, Stock 1, Blackhawk Plaza Existing Comprehensive 'Medium Density (MO} Retail Commerdal (RC) ~ Guide Plan Proposed Comprehensive Single family residence Ivt -low Medium Density (MD). Case 20- Guide Ptah designartion ~ density (R 1) CG-03002-02 is currenty in i Rers~aining land - Medium process. Densi MD Existi ZoN Classification ~ A ricuftural AG Roadside Business RB Proposed Zoning Single family residence lot -low Planned Development (PD) Clasaiflca~tion density (R1} Remaining land - Plannded tJev Pp The current surrounding land use and zoning consists of. • An exit ramp from Interstate 35 onto Diffiey Road to the east and southeas#, • ~ A townhouse community to the north/northeast, and • Three single family homes and Blackhawk Plaza's retail shops to the west. We believe that this n~uest would make these two properties (4106 Blackhawk Road and Lot 3, Bbck 1 Blackhawk Plaza) consistent with the surrounding Land use described above. In addition to providing a positive impact on the adjacent retail area, including Lot 3, Blockk 1 Blackhawk Plaza in this development would allow residents alternate traffic access to Oiffley Road -other than via Blackhawk Road. /69 .. . _ I ~ . ~ ~,~ May 2t3, 2002 Page 2 Should all approvals be obtained from the City of Eagart, MN DOT and the Metropolitan Counci{, it would be our intent to construct this project during this calendar year. Thank you for your time and consideration. Please call me at 612-414-7143 should you have any questions. Siync~en3ty, _~' t Mario Gergen Mar1c Gergen b Associates, Inc. /70 Y Y ° r s ~ ~~ - ~~~ !' ~ ~ ! -s ~ f a LL ~' ~~ ~ w 4 ~ t = ~!1 ggL~ ~r 1~ E ~ ~ 1 ~ ~ °. !/7 ~A ~ Y ~ ~ ~ ~ ~ S ~~ ~~ a ~ U 4 i I z ~ ~ m m v~ ~ ~ I Q ~€ Y ~ ~ i I ~! i' m 0 m m ~ gl ~ 3 ~ - - ~ - - i ~ Ilai OW ~~ N J ~ J ~ ~.• ~~ • m (' t~ ~ I al z ~/ .~ ~'\ ~ ~ ~~ ~ • -~ \~ ~ •~\~~ ~~ ~ c ~~ ` ~ :.. e /' ~' ~ ~ ~ Iii ~~,~\\\ r. ~•. • .4•;.. .~•.•. :•. p W ~... .•!.' i.. .'.~••• I C ..i•:• i e 'j ti • • •• ~ ~... -T - - ~, .•~. •• .}: I U {{• ~; i I • c~ ~ ~ :1;:. ::t i ~ I ~, •~.•• ~ .• ~•..•.•. • • ••• ••'•". ..I ~~ ~ I ~I .•`. i. :'~ $: '~:'~ . ~ I !ui '~ ~ I i \ g:.: I ~ - J ~ I ~ . ~.,~:•. :: i ~ ti. ~ ~ I i t ~~ t-~ d , Cam. ~' f" ~ 1 !•:~ ~: /7/ - Save Our Privacy. Save Our Basements. (Save the 'I~ees and the Burm!) Re: Proposed Greyhawk Development Case #20-PS-11-05-02 I chose my particular unit because of the privacy offered by the trees (as did many of my neighbors). Trees add to the value of property, protect against weather and we've had no trouble with basement floods (unlike other overdevel- oped areas). The people purchasing units in the new development will also appreciate the privacy afforded by the row of trees. There is no reason to remove these trees and this Burm. The new development can easily work around it. Please add a variance that states these trees are NOT to be mowed down. . __ .:~ ~ i-llihlllNl ll~i~~lillllll i f I . ~:.: ~I ~ 1 111111~~~~~~ ~ What I see off my balcony now. (_-~nd what I'd still like to see after development.) ~ ~• ~ ~,' ;~ ,c 'r ~ -~~~, - .1 •' ~ _ y ... ~:y~ f A ~v~. a ~"~ ~ - ~. ~... :~~ Sue Hansen 4160 Meadowlark Way Eagan, MN 55122 H: 651-688-2569 W: 952-746-4066 / 7e2 RESIDENT LETTERS ~ / 'r. i~~l~~~~ ~~ j, ,'f: ~ ~ ~ ~ vv~~~~~1~ ~ 5 ~~ ~ ~ , ~ ~- ~~~ ~ J `~,- w`~ \ ~~ J f ~,~~ ~ ~ c ~ ~ ~~ ~ -~ ~ ~ ~, 1'; JUN 2 1 2002 '' ~~~ L `- J d ~ ~ mot- ~'~-~ ~Q ~ ~ ti~~ BY _------- f ~~ j Jinvill j~roperties jnc. JUL ~ . ~~ Burnsville Heights Business Center 11975 Portland Ave. So., Suite 138 Burnsville, Minnesota 55337 (952) 890-5400 July 1, 2002 iVl»yUf GL : SV4~d a Members of the City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Endorsement of proposed Grayhawk Development I am a neighboring business owner to the proposed Greyhawk townhouse development at Diffley Road and Blackhawk Road. I have met with Mark Gergen to discuss his proposed development and, based on my understanding of the project, I support it without reservation. I hope the City will strongly consider approving it as I feel that the development would benefit the area and its business owners. Please feel free to contact me at the number above should you have any questions or wish to discuss this further. Thank you. Sincerely, .`, ...~ ~: Margaret D. Linvill' Owner/Manager=' Diffley Square II MDL/mtc /J~ 07/10/02 10:23.; P.003 near Ms. Awada: I bel;eve you, and the rest of the city council, received my letter and my flyer about my concerns over the proposed Greyhawk Development which I believe is to be addressed July 16, 2002. Mr. Gergen has met with me, and other neighbors, to address our concerns over the trees, the burin, and traffic. He made arrangements with the existing commeraal owners on the adjacent property to the south to have a second exit from the devebpment io help with traffic issues. Also, at the planning commission meeting he stated that he would preserve the trees 8' back from the property Ilne. 1 left him a message saying it sounded good, but could he stake it aut so I could see which trees would be saved. Mr. Gergen came out this past Sunday and placed property Nne stakes and then put tape around the tree line. It looks as though most of the trees and burin in that row will be saved. My neighbor and I are the only two with units that will directly face units in the proposed development and it looks as though our privacy will be preserved- Only one larger tree fell outside the Tape and Mr. Gergen said he would do his best to save that one as well. Mr. Gergen seems to be a hands-on developer concerned with resolving neighbor issues to their satisfaction. Eventually that property will be developed and I prefer this residential plan to a commerUal one. (Especially a clan with a developer willing to address our concems.) 'f you have any questions, please feel free to call me at work or at home. My numbers are bebw. ?'HANKS, Sue Hansen -t 160 Meadowlark Vl,'ay F,aQan, MN SS 122 651-688-2569 Datakey Electronics, Inc a03 West Travelers Trail Burnsville, MN 55337 Phone: 952-746-4066 x323 Fax: 952-.746-4061 /7s Agenda Information Memo July 16, 2002 Eagan City Council D. PRELIMINARY SUBDIVISION (THORPE WOODLAND GARDENS 2ND) - TILSEN HOMES. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision, with a Variance to create lots without public street frontage, to create five single-family lots on 3.8 acres located at 3460 Wescott Woodlands in the NE'/4 of Section 14, legally described as Lot 2, Block 1, Thorpe Woodland Gardens, subject to the conditions listed in the APC minutes. FACTS: • There is an existing single-family home on the site was built in the mid-1960s. • The site is heavily wooded and there is a large wetland that separates the southwesterly portion of the site from the northeasterly portion of the site. Street access to the site is provided via Wescott Woodlands. • The area southwest of the wetland is proposed for development; no development is proposed northeast of the wetland at this time. • The site is currently zoned R-1, Single-family Residential, and guided LD, Low Density residential. • All five proposed lots satisfy the minimum lot area (12,000 sq. ft.) and lot width (85 ft.) standards for the R-1 zoning district, including when only the land above the high water level of the wetland is considered. • The property is located within Airport Noise Policy Zone 4. The proposed in-fill residential development is considered a conditional use within Noise Zone 4. • A cash dedication in lieu of water quality ponding will be required. • The development will be subject to cash dedications for parks and trails for the three new lots. • The Advisory Planning Commission held a public hearing on June 25, 2002, and did recommend approval, subject to the conditions in the APC minutes. ISSUES: The applicant has submitted a letter dated July 10, 2002, explaining their position with regard to the tree inventory and tree protection measures. The applicant's letter also indicates an objection to condition #8, which requires the installation of sanitary sewer on this site to serve possible future development on the adjacent property to the north. / 76 • Tree preservation and removal has been a focus of much of the discussion pertaining to this proposal. There are two issues with regard to trees: 1) whether the allowable tree removal amount should be based on an inventory of the entire site, or only of that portion of the site being developed south and west of the wetland, and 2) the potential negative impacts to off- site trees from grading and construction activity on the subject site, and how much that required protection for off-site trees will impact development on this site. • City staff has prepared tree removal evaluations based on both the entire site, and on just the portion of the site being developed. The Forester indicates that a total of 76 trees are classified as being removed due to construction activity. Based on an inventory of the entire site, the removal percentage is less than the 40% allowed and no mitigation is necessary. However, based on an inventory of only the portion of the site being developed south and west of the wetland, the removal percentage is 56.3% and mitigation of 52 Category B trees would be required. • The applicant's original narrative alluded to possible future development north and east of the wetland, but none is proposed at this time and any future development would need to go back through city reviews for subdivision. ATTACHMENTS (5): June 25, 2002, APC Minutes, pagesthrough ~ w Staff Report, pages ~ through Letter from Rachel Thorpe Newman, pages through ~, July 5, 20021etter from City to applicant, page ~~ July 10, 2002 letter from applicant in response and attachments, pages through E-mails from City Forester dated July 9, 2002, pages ~~~r /7~ City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 11 E. PRELIMINARY SUBDIVISION & VARIANCE - TILSEN HOMES INC. A Preliminary Subdivision (Thorpe Woodland Gardens 2°d Addition) of approximately four acres to create five single family lots and a Variance to allow lots without frontage on a public street for property legally described as Lot 2, Block 1, Thorpe Woodland Gardens, located at 3460 Wescott Woodlands in the NE '/4 of Section 14. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 18, 2002. She noted the background and history. Chair Huusko opened the public hearing. Dan Tilsen, Tilsen Homes stated his availability for questions. Rachel Thorpe Newman, sister of property owner and neighboring property owner stated objection to the proposed development. She stated the proposed homes would negatively affect the area. She expressed concern with possible damage to the critical root zones of the trees on her property. She explained that one of the proposed homes would encroach into the City-recommended radius of root protection. She stated her concern with possible inaccuracies in the tree inventory, emergency vehicle access, proposed storm drainage plan, and incompatibility with surrounding property. She requested that the City revisit the tree inventory and proposed tree preservation plan. She stated on a personal note that her mother, the previous owner of the property, was adamantly against development of the property. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Planner Dudziak stated that the Fire Marshall had indicated that the proposed private street would be acceptable for emergency vehicle access. Mr. Gorder stated the drainage would be adequate for this development. Planner Dudziak explained that the City Forester had confirmed, from a more recent site inspection, that the critical root zones of onsite trees would be protected by the conditions listed in the Staff Report. Member Nosbush asked if retaining walls would be installed on the property. Mr. Tilsen explained that retaining walls could be installed for tree preservation. Member Kaess asked the applicant if the trees on the neighboring property could be realistically protected. / 78 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 12 Mr. Tilsen expressed confidence that the trees would be protected, however he stated some critical root zones would be difficult to avoid. Member Stackhouse stated concern for the protection of the trees on the neighboring property. Chair Huusko stated concern with the preservation of trees. He suggested that condition number 13 be amended to require protection of off-site trees as well. Member Nosbush stated opposition to the proposal due to the number of problems with private streets, the `T' turn around design and the amount of tree removal. Member Stackhouse expressed opposition to the proposed development due to unanswered questions and erosion control. Member Bendt stated his approval for the proposal. He stated narrow streets receive enough attention from the City at the time of approval to keep them maintained. Member Kaess moved, Member Steininger seconded a motion to approve the Preliminary Subdivision (Thorpe Woodland Gardens 2°d Addition) of approximately four acres to create five single family lots and a Variance to allow lots without frontage on a public street for property legally described as Lot 2, Block 1, Thorpe Woodland Gardens, located at 3460 Wescott Woodlands in the NE '/4 of Section 14 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, Cl, C2, D1 and El 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This requires an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also /79 City of Eagan Advisory Planning Commission Meeting June 25, 2002 Page 13 subject to the City's recently codified land disturbance and erosion control regulations. 6. This development shall be responsible for a cash water quality dedication in lieu of ponding. 7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. 8. The developer shall construct a sanitary sewer lift station and force main pipe to serve the development and the future development of Parce1010-01 to north, in accordance with City engineering standards. 9. This development shall provide a gravity flow sanitary sewer pipe, in accordance with City engineering size, depth and capacity standards. 10. The existing house on Lot 3 shall be required to connect to the City sanitary sewer and water main systems, when available with development. 11. The existing septic and well systems on Lot 3 shall be abandoned in accordance with City and County standards. 12. The private drive shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 13. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of both onsite and offsite significant trees/woodlands to be preserved on-site. 14. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 15. This development shall be responsible for a cash .parks dedication and a cash trails dedication for four lots, payable prior to release of the plat for recording, at the rates then in effect. A vote was taken. Aye: Chair Huusko, Bendt, Steininger, Kaess and Segal. Nay: Nosbush and Stackhouse. Motion carried 5-2. /So PLANNING REPORT CITY OF EAGAN REPORT DATE: June 18, 2002 CASE: 14-PS-07-OS-02 (revised June 24, 2002) APPLICANT: Tilsen Homes, Inc. PROPERTY OWNER: Colin Thorpe REQUEST: Preliminary Subdivision HEARING DATE: June 25, 2002 APPLICATION DATE: (May 29, 2002) PREPARED BY: Pamela Dudziak LOCATION: 3460 Wescott Woodlands COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Tilsen Homes, Inc. is requesting approval of a Preliminary Subdivision (Thorpe Woodland Gardens 2°d Addition) to create five lots on 3.8 acres, and approval of a Variance to create lots without public street frontage, located at 3460 Wescott Woodlands, legally described as Lot 2, Block 1, Thorpe Woodland Gardens, in the NE %4 of Section 14. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or. improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use l8/ Planning Report -Thorpe Woodland Gardens 2°d Addirion June 25, 2002 Page 2 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 available to the public." Variance: City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. /8~ Planning Report -Thorpe Woodland Gardens 2°d Addition June 25, 2002 Paee 3 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY There is an existing single-family home on the site was built in the mid-1960s. This lot was originally part of a nine-acre parcel that was subdivided into three parcels in the early 1990s. This site is the middle parcel of that plat, and contains the original dwelling. Anew single- familyhome has since been constructed on the parcel to the north, and the parcel to the south was incorporated into the Royal Oaks subdivision a few years ago. EXISTING CONDITIONS The site is heavily wooded and there is a large wetland that separates the southwesterly portion of the site from the northeasterly portion of the site. Street access to the site is provided via Wescott Woodlands. The area southwest of the wetland is proposed for development; no development is proposed northeast of the wetland. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Sin le-famil Residential R-1, sin le-famil residential LD, Low Densit South Sin le-famil Residential R-l, sin le-famil residential LD, Low Densit East Sin le-famil Residential R-1, sin le-famil residential LD, Low Densit West Carria e Hills Golf Course P, Public Facilities P, Park EVALUATION OF REQUEST Compatibility with Surrounding Area -The property is currently zoned R-1, Single-family Residential, and is designated in the Comprehensive Guide Plan as LD, Low Density Residential (0-4 units per acre). Surrounding properties to the north, east and south also have the LD land use designation and R-1 zoning. To the west is Carriage Hills Golf Course, which is zoned P, Park, and guided P, Public Facility. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter /8'3 Planning Report -Thorpe Woodland Gardens 2°a Addition June 25, 2002 Page 4 in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 4. Within this area, infill single-family residential development would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land • use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 6.5 miles (direction) of the nearest runway at the airport. On an annual average, approximately half of all amvals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north- south runway. At current traffic levels, this equals approximately 520,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and a smaller portion of the arrivals will track over or near the property. The property is approximately five miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the Stage III airline fleet, federally mandated by the year 2000, will create less noise per operation, the future net effect of such reductions is not certain. As such, regional policy requires that cities take current noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. As part of its updated Comprehensive Land Use Guide Plan, the City will depict the Metropolitan Council's noise policy contours on its land use and zoning maps. This will serve as notice to future occupants of the potential noise from aircraft operations. (Issue #6) /8~ Planning Report -Thorpe Woodland Gardens 2°d Addition June 25, 2002 Paee 5 If the City determines that findings concerning these conditions support the approval of this application for in-fill development, architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). (Issue #5) Density -The proposed development would result in five single-family homes on 3.8 acres, for a gross density of 1.3 units per acre. The density of the proposed development based only on the land west of the wetland that is above the high water level (1.8 acres) is 2.77 units per acre. Lots -All of the proposed lots satisfy the minimum lot area (12,000 sq. ft.) and lot width (85 ft.) standards for the R-1 zoning district. The lot area standard is also satisfied when only the land above the high water level of the wetland is considered. The proposed lot sizes are as follows: Lot Area Lot Area (above HWL) Lot 1 13,270 s . ft. 13,270 s . ft. Lot 2 96,117 sq. ft. 13,660 sq. ft. (west of wetland) 50,412 s . ft. (east of wetland Lot 3 24,342 s . ft. 19,652 s . ft. Lot 4 12,730 s . ft. 12,730 s . ft. Lot 5 12,103 s . ft. 12,103 s . ft. Homeowners' Association - A homeowner's association will be necessary for common ownership and maintenance of the private street, Outlot A. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. Grading -The site is heavily wooded with relatively steep topography, with elevations ranging from 846 to 884. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -Storm water runoff from the development will be accommodated by existing storm sewer systems and ponding in the area. No additional storm sewer improvements will be necessary. Water Quality -This site is located in the "E" Watershed that drains to City Pond EP-2, which is in North Park. Due to the size and nature of this residential subdivision, water quality ponding is /gs Planning Report -Thorpe Woodland Gardens 2°d Addition June 25, 2002 Page 6 not feasible. Therefore, a cash water quality dedication in lieu of ponding is appropriate for this development. Wetlands -There is a wetland (City Pond EP-2.2) located east of the proposed subdivision, however, the development is proposed not to impact either the wetland or the standard 30-foot buffer alongside the wetland. Utilities -The preliminary utility plan is acceptable. A sanitary sewer stub is available in the southwest corner of the site. The depth of the sanitary sewer stub is not sufficient to accommodate gravity flow to all basement levels of the existing house on Lot 3 and proposed houses. In order to accommodate the sanitary flow of the proposed development, the developer will be required to construct a lift station to pump sanitary flow to the existing sanitary sewer. The developer should construct a sanitary sewer lift station and force main pipe to serve the development and the future development of Parce1010-O1 to north (as mentioned below), in accordance with City engineering standards. To accommodate future gravity sanitary sewer service to Parce1010-01 (3450 Wescott Woodlands) to the north, this development should provide a gravity flow sanitary sewer pipe, in accordance with City engineering size, depth and capacity standards. In providing this pipe, the need for a future lift station pump or individual house pumps for development of Parce1010-01 will be greatly reduced or eliminated. An existing water main stub is available in the southwest corner of the site for connection and extension through the development. The existing house on Lot 3 is not connected to the City utility system and should be required to connect to the City sanitary sewer and water main systems, when available with development. The existing septic and well systems on Lot 3 should be abandoned in accordance with City and County standards. Access/Street Design -The developer is proposing a single 20-foot wide private drive from Wescott Woodlands to serve all proposed properties. This drive should be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. The Fire Marshal has reviewed the plans and indicated that the "T" turnaround design with the opposing driveways for Lots 2 and 4 is acceptable. Tree Preservation - A tree inventory submitted with this application indicates that there are two- hundred eight (208) significant trees in the inventory. The majority of trees are oak (42%) and black cherry (13%), the balance of the tree inventory is comprised of various conifers (spruce, cedar), hackberry, boxelder, and cottonwood trees. The development as proposed will result in the actual removal of twenty-nine (29) significant trees (14% of the total), and in fifty (50) trees being negatively impacted through grading operations occumng within the tree Critical Root Lone (24 % of the total). Therefore, a total of / 8'6 Planning Report -Thorpe Woodland Gardens 2°d Addirion June 25, 2002 Page 7 seventy-nine (79) significant trees (38 % of the total) are categorized as "being removed" from the site. According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Parks and Recreation -This proposal will be subject to a cash parks dedication and cash trails dedication for four lots, payable prior to release of the plat for recording, at the rates then in effect. The 2002 rates are $1,550.00 per unit for parks, and $183.00 per unit for trails. Setbacks -The R-1 zoning district requires a minimum rear yard setback of 15 feet. Required side yard setbacks are 10 feet for the house and 5 feet for the garage. The minimum front yard setback from a private cul-de-sac is 20 feet from the curb. The existing house satisfies these minimum setbacks from the proposed new lots lines. There are no special setbacks from the wetland, however, no structures maybe placed within the drainage and utility easement covering the wetland. SUMMARY/CONCLUSION Tilsen Homes is requesting approval of a Preliminary Subdivision to create five lots on 3.8 acres with a Variance to allow lots without public street frontage on property located at 3460 Wescott Woodlands. The existing house will remain on proposed Lot 3. Lot 2 is proposed to encompass the bulk of wetland and the land northeast of the wetland. The proposed Preliminary Subdivision complies with relevant provisions of the City Code. The proposed single-family development is compatible with surrounding uses and the proposed density is within the parameters established by the City's Comprehensive Guide Plan. The proposed design will not conflict with easements of record, and the development is compliant with the Water Quality Management Plan and Tree Preservation ordinance. All of the lots are proposed to connect to municipal sanitary sewer and water service. In order to limit site disturbance and tree removal, access is proposed via a private cul-de-sac (Chloe Lane) extending into the site, necessitating the Variance request. The private street will serve five lots and satisfies the design specifications in the City's Subdivision Ordinance. Single-family~development is a conditional use within Airport Noise Policy Zone 4 and in order to approve the preliminary subdivision, the Advisory Planning Commission and City Council would need to determine acceptable findings relative to the eight items listed in this report regarding airport noise compatibility and make a statement to that effect. /£~~ Planning Report -Thorpe Woodland Gardens 2°d Addition June 25, 2002 Pace 8 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Thorpe Woodland Gardens 2na Addition) to create five lots on 3.8 acres, and approval of a Variance to create lots without public street frontage, located at 3460 Wescott Woodlands, legally described as Lot 2, Block 1, Thorpe Woodland Gardens, in the NE 1/4 of Section 14. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by .Council on February 2, 1993: A1, B1, B2, B3, C1, C2, D1 and E1 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This requires an inside noise level reduction of at least 20 dBA (DNL level minus required dBA level). 4. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a homeowners' association. The documents should be submitted and approved by the City attorney's office prior to final subdivision approval. Transfers of common areas to the homeowners' association shall be recorded with the subdivision. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 6. This development shall be responsible for a cash water quality dedication in lieu of ponding. 7. This development shall maintain a minimum 30-foot undisturbed buffer from the delineated wetland edge. 8. The developer shall construct a sanitary sewer ]ift station and force main pipe to serve the development and the future development of Parce1010-01 to north, in accordance with City engineering standards. 9. This development shall provide a gravity flow sanitary sewer pipe, in accordance with City engineering size, depth and capacity standards. 10. The existing house on Lot 3 shall be required to connect to the City sanitary sewer and water main systems, when available with development. /8~ Planning Report -Thorpe Woodland Gardens 2°d Addition June 25, 2002 Page 9 11. The existing septic and well systems on Lot 3 shall be abandoned in accordance with City and County standards. 12. The private drive shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 13. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 14. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 15. This development shall be responsible for a cash parks dedication and a cash trails dedication for four lots, payable prior to release of the plat for recording, at the rates then in effect. /89 STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 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 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 uti{ities 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. /90 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 tf 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 Traits 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: AuQUSt 25, 1987 City Council September 15, 1987 Revised:_ July 10. 1990 Revised: February 2, 1993 lTS~S STA,VGARD.CON n FINANCIAL OBLIGATION Thorpe Woodland Gardens 2nd, Preliminary Subdivision There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The chazges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The chazges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk S.F. .09/Sq. Ft. 55,827 Sq. Ft. $5,024 TOTAL 55,024 /9~- Location Map ~_ c / _J ~a ,~ ~ ~ _ s± ~ ~~:~ C ® 5 id Development/Developer: Thorpe Woodland Gardens 2nd Addition Application: Preliminary Subdivision and Variance Case No.: 14-PS-07-05-02 anA-07.05-02 g Map Pnpa d usin~ ~~Partel G map data provided / by Dakota Co ty 4n ur party t and is rrent.e of Mereh 2001. µ' E Clt~/ Of ~c ~':'l l ~ TMIS MA NTEN7ED FERENCE USE ONLY -~~ I The City of Eagan and Dak~~a Co~:n'y ~o* ?=~" ~~^=°s tea accuracy cf thia '_:~_c "'< - ~ -i -r. S Common y n- ~. k rnt te_•'~ r :c: >' ors or ocissions. Eagan Boundary /~~ Street Canterlina iL~J PareN Area Building Footprint I 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Land Use Map Thorpe Woodland Garden's 2nd Addition Case No. 14-PS-O?-05-02 Zoning Map Q L__.~_____ .2 -z R- I ~ R. ~~ C t Z i urren on ng: R-1 Single Family Residential F R-~ a R- 1 1 a R-~ d 000 0 00o t0n0 r«t Comprehensive Guide Plan Land Use Map - BP IND ND QP ~ M ® < Current Land Use Designation: • LD Low Density Residential (0-4 units/acre) p LD , LD LD 000 0 000 taoo f«t ~ ~ 1 I l l Cit O# ~21~~!1 CC(`if"'JLIt/l.'BVE.'n~:.,~. ^i_ i ~'.E.T. r,.0af bas. fm~ ~ oakot aty ~,.ds0.wr MWrttnant ~t zoo2. q'n s tion talnad bKtq Dtaf! Z ' : '1 ' ? ` '?;~ _9 FOR REFERENCE USE ONLY Tha Ciy o! E:.~~r, a :_ c:o not guarantee ffio aecura:y c' .. ~ , ~~E f 9 _ .ss... Z T .~ fir - ter::'<. -~ ' r~ <3 L~i.r ~~ yrtL~ _'~ . .O y~ ; > `a O •~„~ / y ~ i J. ~ ` t `^q ,,.~_ l `~ar~: ^'~ d_ ? `~ A ~ ~. 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NO 8~m / " O ~f s p r'1 A Q ^ i n '0 ~~- O n 2 / ` ~ \~~ N .~ f _ O~ m 'A 2 _ •' r~l O y N 72~ S N I op ' 1R2/ pp i L . i Z p' _ yO' ~ O ZO • ~~ ~ ! ~5'" _- - o - --_ ~ `t - - . ,g ~ ~. _ N \ '•, ~\ `:` I Ilt I ~}l I 1 '. / ~. ~,: _ . a ~• ~~~ ~; A ~~ ~ '?~".t yam, ,~, .' r (, -='.1~ ~~_y _ is O :~l ,:.. A - q ~ = ^ l~ i~ `~ W V N O o~ U h ~ F N W ,~ Y - _. N ~ ~ _ N -- W ....... ~ _ • z - f,1 ~~~~~~- `: ~ ~~ ._-~ __ ~__\.~``--,. ~ /, ~`~3~~/ ~.~~%~ ~ Vii- :iii i~(~: 11 ~.~;;;: ,`;;; ~ j ~ 'ri / , j. :. ~ l:::j ::~:. r" '~r i Z - _ r. ~~~, : i ~ .. _ i ~ ~ ,r.•: • ~ i~ [s au:•i.•: .ti. ~ a~.• . ~. ~.. ~. City of Eagan PROJECT DESCRIPTION Use: To develop 5 single family lots (including the existing home) on the property using a private street as access. All lots will be at least minimum code size and meet all applicable setback requirements. This is consistent with the comprehensive plan and zoning. South and east of the property are similar, newer R-1 lots, and a small undeveloped area (zoned A). North is a large-lot residence (R-1 ), further north are rental townhomes (R-4) and a women's shelter (zoned L-B). West is Carriage Hills Goff Course (P). The plan is to develop the property this summer. Variance request: Some of the lots are accessed off a private road and do not have "legal" frontage on a City street. The private road following the contour of the existing driveway will preserve many trees. The property includes a pond within an existing easement making a large landlocked parcel of approximately 1 3!4 acres that was created when the adjacent land was developed without provisions for access. In order to reasonably utilize the remaining site we are requesting the variance. The average lot size is over 3/4 of an acre each figured on the whole piece; excluding the landlocked property they are still approximately 1!2 acre. We also are requesting permission to divide off the landlocked area if (contingent upon) it being sold to and combined with (an) adjacenf parcel(s). Location: East of Wescott Woodlands (Wescott Hills Drive), 1/2 mile south of Yankee Doodle Road. Subdivision Name: Thorpe Woodland Gardens 2"d Addition Property Size: 3.804 acres Number of Lots: 5 Project Marketing Name: Thorpe Woodland Gardens Phone: 651 436-1413 ao~ Thorpe Woodland Gardens 2"d Addition Application Notes for staff: 1. The recently installed sewer connection (paid for by the owner) is not deep enough to service the existing house or any of the proposed homes. We expect the City wil! take this into consideration in the site review and in allocating the cost of the lift station. 2. Greg Hove has reviewed the site and agreed that the trees on the undisturbed landlocked area need not be individually surveyed. a o3 Planning Commission Re: Tilsen Homes Preliminary Plat Concerns of Rachael Thorpe Newman Ladies and Gentlemen of the Planning Commission. Thank you for hearing my comments this evening. My husband and I are the property owners to the north of the proposed project. My brother, Colin, is the current property owner of the site in question. The site is also our family homestead. I am here to object to the development as proposed. I believe that due to the steep topography and dense, mature vegetation that the density of the proposed new homes will negatively impact the site and the surrounding neighborhood. Although the proposed plan may appears to meet current development criteria outlined in the city code, it does not in several areas. I. Grading A. Although I know the topography of the property, I am not an engineer. I met with an engineer who worked on the Royal Oak project. He reviewed the plans and noted that in several areas, the grading that is proposed is less than the 3-1 slope recommended by the city. He felt that these areas would be impossible to construct as drawn. Examples: Two areas are particularly notable since additional grading would effect tree preservation. 1. Lot 3. Grading of driveway to the north toward the drainage easement area. 2. Lot 1. Northwest of proposed Chloe Lane. If the grading was extended to a 3-1 slope it would in many areas double the grading area, which would negatively impact approximately 6 additional significant trees. B. The Lot 3 driveway grade is 12-14%, which is over the city criteria of 10%. II. Tree Preservation A. How is the city going to protect trees on my property whose critical root zones are in construction areas? Examples: l . Lot 1. Tree 751 is a 32" white oak only 3' from the property line, actually, it's the reason for the location of the property line. It has a 70' canopy! According to the city code, a 32'-35' radius would be needed to protect this huge tree. Using the city calculation, the proposed house in lot 1 would intrude 13'- 16' into the critical root zone of this tree. 2. Lot 1. Trees 645/646 are a similar example. The base of this tree is on the property line and splits into 16" and 18" limbs. . ao~ How is the city going to guarantee protection of the trees on my property? B. Using the city guidelines, there are an additional 4 large trees that could not be protected given the proposed construction. Examples: Lot 1: Tree 737 - 32" Oak Lot 3: Tree 775 - 30" Oak Lot 3: Tree 655 -18" Oak Lot 5: Tree 567 - 32" Cottonwood How is the city going to follow its code and approve the plat? C. I was able to compare the plan to the actual site and found numerous inaccuracies. Examples: 1. Trees 739 (lot 1) and 651 (lot 3) are dead, but are listed to be "saved" 2. I noted 4 significant trees on lot 2 alone that were not included on the inventory. 3. Trees inventoried as 826/827 are duplicate counts of tress 790/791. How many other errors are there in the inventory and how do they impact the plan? The only reason this plan appears to fit into the city requirements is because of the areas that will be undisturbed around the existing home. I ask that the tree inventory and tree preservation plan be reviewed further to ensure that trees are protected and city codes are met. Additional Concerns I have some additional questions and concerns that are not specific contradictions of the city code, yet they significantly affect the area. A. I am concerned that the storm drainage plan for all 5 lots relies solely on pond EP-2. Given the steep topography and history of erosion to the current driveway, l am concerned that the drainage plan will be inadequate during heavy rains causing erosion of the drainage easement and silt deposits in the easement area and the pond. B. I ~am skeptical that emergency vehicles will be able to access the area as planned. I wonder whether the 20' private drive with steep grades, curves, and deep ditches will give reasonable access throughout the seasons. If the T turnaround is approved allowing the use of driveways 2 and 4, then does that limit the homeowners use of their driveways? C. I feel that 5 lots on 1.8 acres are inconsistent with development in the area. When the Royal Oak development was planned, it took into consideration the topography and vegetation of the area. There are currently smaller lots where the terrain is flat and where there were few significant trees. These range from 13,788 sq ft. to 22,107 sq ft. The areas that have similar topography and vegetation to this project have lots that are generally 26,000 to 36,000 sq ft. The Tilsen proposal allows for much smallest lots. Although the ADS existing home is given 24,342 sq ft, the lots in the new construction area only range from 12,103 to 13,366 sq ft. These are all smaller than the smaller lot in Royal Oaks. D. Homes size and styles? 3 tuck-under garages? Where would decks be placed? Specific footprint? Smaller homes? 1. 70x30 2. 50x30 4. 70x35 5. 60x20 My 2-bedroom house is considered small for the area with a footprint of 70x35. Lot 4 is the largest of the proposed homes and has a similar footprint. E. Former property owner intent. On a very personal note, Mary Louise Thorpe was my mother and the former owner of the property. Each of us inherited a portion of the original 10-acre parcel. My mother was adamantly against development, but came to understand reasonable development when my brother Bryce developed his property as part of the Royal Oaks project. It is my belief that my brother Colin should have the opportunity to develop this property, but I know that my mother did not intend for her gift to be used in this manner. In closing, I feel that 3 lots would be much better suited of this development site. This number would allow for reasonable development value, while maintaining the integrity of the woodland area and my mother's desires. Although this development appears to meet city codes, it cannot be built as planned. The proposed development does not fit the topography and vegetation of the property and will have a negative impact on the trees, watershed, and wetland area. It is not in keeping with the lots and homes in the surrounding neighborhood. I ask that these concerns be investigated further before the planning committee recommends approval of this preliminary plat. ad6 ['ATRICIA E. AW,4DA Mayor P.aUL BAKKEN ['ECGY CARLSON CYNDEE FIELDS ~IEG TILLEY Counal Members city of eag~n July ~, 2002 Mr. James Tilsen Tilsen Homes, Inc. ~123~ E. Balsam Trail Eagan, ;Vf1V 55123 Mr. Colin Thorpe 1109 Quixote Avenue N. Lakeland, MN 5043 Case Dios. 14-PS-07-OS-02 and 14-VA-07-0~-02 Dear Sirs: THOIrWS HEDGES I am writing to follow-up on your applications for Preliminary Subdivision and Variance CityAdm;nistrator ~ submitted on Mav I~, 200Z. A public hearing w•as held on by the Advisory Planning Commission on June ?~, 2002, and City Council action was anticipated to occur on July 16. 2002. Municipal Center It has come to our attention that additional information will be required by the Ciry Council: 1) installation of tree protection fencing along the north property boundary. and 3830 Pilot Knob Road a Sun~ey showing the dimensions of the buildable lot area between the required front and Eagan, MN X5122-t89~ side yard setbacks and the tree protection fence; and 2) revised tree inventory, removal and mitieation plan encompassing only that part of the development site lying Phonr: 651.68I.46oo southwesterly of the wetland. Item number 2 is requested because the applicant Fax: 65I.68I.46IZ i contemplates future subdivision and development of the northeasterly portion of the site. TDD:65t.454.8535 ~ as reelected in the submitted Project Description. Alternatively. the Council may condition approval of the Preliminary Subdivision on the applicant creating a conservation easement on the portion of the site lying north and east of the wetland. Maintenance Facility: j In order to allow you time to prepare the additional information in advance of the item's 3501 Coachman Point appearance before the City Council, the City is extending the initial 60-day agency action Eagan, MN 55122 I deadline on your application by 60 days pursuant to MN Statutes Chapter 1.99, Section Phone: 651.681.4300 ~ 1, Subd. 3 (f). The agency action deadline as extended is September 12, 2002. (120 days from the date of application). We anticipate that the request will be considered by the Fax: 651.681.4360 City Council in August, provided the above information is provided in a timely manner. TDD:6ii.454.8535 , We appreciate your cooperation in this matter. If you have any questions, please call me at 6~ 1-681-4691. www.ciryofeagart.com Sincerely, '~~~ i ' ~ ~~~ Pamela Dudziak "I'HE LONE OAK"CREE planner "Ihr symbol of ~~rcngth f and growth in gnu community I ~ O~ _~ Titsenbift Homes July 10, 2002 Mayor and City Council City of Eagan Re: Thorpe Woodland Gardens 2"~ Addition Honorable Mayor and City Council Members, Tilsen Homes, Inc. 1235 Balsam Trail East Eagan, MN 55123-1705 (651) 552-7120 Fax 455-4946 452-4980 Thank you for considering our plat application. This letter is in response to the action taken on June 26th by the Planning Commission, and the letter dated July 5m from the City Planner. Please note that we object to two of the conditions attached to the recommendation for approval. The letter from the City staff also relates to one of these issues. The first condition we object to is the extension of sanitary sewer to the property to the north, between Lots 1 and 2, for the following reasons: • Both properties have been previously assessed for sewer service. • The adjacent property owner has repeatedly stated they have no intentions of developing their property. It is unfair, and on questionable legal grounds to expect one property owner to pay for improvements which have no benefit for them but only benefit another. While we agree this may make good planning and engineering sense, we propose at this time that we plat an easement for future use. The easement would be in place to install the facilities at that time. If the improvement is required now, we request that the City pay the additional cost. If the adjacent owner then develops their property or hooks up to the sewer, the City could recoup the expense at that time. The other condition we object to is the requirement that we protect trees outside our property. On June 25th, the day before the Planning Commission meeting, additional recommendations from the Supervisor of Forestry were added to his previous report and to the approval forwarded to you. • This action appears to be an illegal taking of property. • The property to the east and south was graded to the property line without regard to the trees on the subject property. • The City tree ordinance does not mention off-site trees. • All building setbacks are met with no variances. • This action implies that if someone wishes they could control land outside their property via the canopy of their trees. There are tens of thousands of trees in Eagan whose critical root zones extend into neighboring properties. Is this where we want to go? The City has requested a survey showing the dimensions of the buildable lot area between the required front yard setbacks and the tree protection fence. There is some room to move the Land Developers • Residential Construction • Property Management Builder License #1637 a~ house pad, however, the location shown on the submittal is much better for grading, privacy, the street scene, and overall tree preservation. The City Forester has suggested we hire an arborist and do what we can to preserve these trees. We are certainly willing to do that. We would also agree to a five year escrow to replace the affected oak tree according to the mitigation standards in the City ordinance, if the tree does not survive. The City has also requested a revised tree inventory, encompassing only part of the site. We have included it, but would like to make these points clear: • We do not see any valid reason not to include the entire property in the tree inventory. We have no development plans for the northeasterly portion of the site. Through the action of the previous owner and of the City through its platting of the adjacent lands, we have no access to the parcel except through a pond. We would like to self all or part of this property to one or more of these other property owners that may gain some benefit from it. We requested on the subdivision application permission to do this (only to the abutting owners that do have access) without going through another subdivision process. The staff told us that cannot be done and did not even consider this request in the review. In any event, any development would need further City approval. • The idea of a conservation easement has also been raised. We would be open to this as long as some partial park credit is included. Although there is no public access, there are 11 lots that will have frontage on it. aiv ! !!'~+'' j1 !t ttlt d t , Z a ,t! tt j aua d ! ~ ~iI~,I111I11~fj~~ f+ inlnfljfllt~ffElfff~~~il ~~ r:"_rsYp`_~k4htYrYr F -f4:hY`L-y44lkrrr!-Y~frrY'~ 0 1! w ~!!R!!!R!I!llilltii { { Ipi-bllitl'Jli3ililtillllltii ~ $ 8z5 d Itd dldi d t a t x ~~@~ _` ~~~t, a ~~~tii4~iifiiiii ~1 1 j i ~~11~ f ~$a~~ 9t~3i 90ip1lnitlli3iili ~PA9~p R ! RtP R ~ ~ r ~~~~~ : t:d da ~a t t!t t da ! ata s ~Iit ~1 i i t ~~,~ ~t1 ~ il~ ~ ~ . 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I i ~~ }, { ~ ` lJ J 7 C lJ lJ J 1 i i r I I I .LL .J LJI ~ JV UvL~ I I I~U~ L-it~l I I~~I~ I I ILH.:~ I VVL ~ ,~._ , SEE REPORT FOR TR~SUMMARY ~ ,~ ', /. ' r / ~; 1 l J 1 ~ ~ ~' ~, '~ ~ q bk9 1 ~ ,~~ ~ ~ b* •b/ ~ ~~ ~ / %~ i F~ '•i3 b !'~ j~ -~ ~~ ~~ ~ - ~ / ~. L b ~ i ,~ ~~ ' I / .~ ~ ,~ I: ,~ ~ ~/ , I ~ /~~~ ` I /// ~ / ~/ '~ ~ ;: ~. t ~ / '`~ ~ b/ ~ /b~ / ! / r~~ i` ~~ r j j ~ :`~ ~ ~ / ~ ~~b~ r f z' :` 1 a b r ~ ~~ ~b/ / ~/ •, ~b~ (r ,-,~ ~/ ~'~~~ ~ / j ~ ~ i / f~~ i , ~~ '1h j ' ~ 1 ~~ . ~A0 \ .- ~ i kM /J ~1 / r ~~~~~ ~r / ~ ~~ ;INS LIMITS,`~~ b ~` ,r .ca~~ ~~ r=~ ~ ` ~ >~ e ~ ~ ~° ,,\ ~ / 1. ~p _J '° \ ~~ hb, ~~: -' r Y~ : q ~ b~D~ .~ .~' __.~ _ ~'` `' ~,~qh ~ TOTAL GREEN SPACL 3,.33 ACKLS =, t3 /. 6 ~ ` TOTAL IMP~~RVIOUS SURFACE 0.47 A~~CRES = 12 4 ~+ ~` ~ ,~ {: 1 %, ;' ~ ~. ~~, ;~/ ' . ~ i ~~ K ~~ ( `. ~ ----~- - -- /~-~~ i /~ ` ~ ~ ~ ~ ~ ,,- ~~ ,-~ ~~~ ' >~ I I 9 ~ ~ ~ ~ I ~, / ~ f o i / ~~ ~ ~ J -- N ;~ ~ / ~ ~ \ 4 /~ % ~-n ( i ~ l N r., ' ~~ ~ O. i i ~ ~ ~ 1. f ~ ~ ~ ~~, ~ ~: ~. ~r ,! gyp, ~ ,- ' ~ ~'~ ~ ~~ ~ ~y ~ t ~n. . , = ---~--- i ., ~ ~..~ o i ~~ .i ~' _._--- LOT 2 r, Pam Dudziak F-om: Gregg Hove Sent: Tuesday, July 09, 2002 9:36 AM To: Pam Dudziak Cc: Mike Ridley Subject: Revised tree slats for Thorpe Woodland Gardens Pam, attached is an excel spreadsheet with tree inventory/removal data that you requested. This analysis includes only the significant trees existing south west of the pond. Allowable removal for this is 40%. The grading/tree removal plan indicates that 29 trees will actually be removed and 47 additional trees have encroachment inside the critical root zone (CRZ), so these trees are also counted as being removed (even though the applicant says they will not be cut down, but they will be negatively affected). Therefore, 76 trees are classified as being "removed". Required mitigation calculates to 52 category B trees. I calculated the required mitigation by using only the 29 trees that will actually be removed. Let me know if you have any other questions. ~~ Thorpe Wo°dland Gardens 2nd ~ ... Gre~~ Ho~•e Supervisor of Forestry Pam Dudziak From: Gregg Hove Sent: Tuesday, July 09, 2002 10:05 AM To: Pam Dudziak Cc: Mike Ridley Subject: More information on Thorpe site trees Pam, I mentioned yesterday that I would get you information concerning the amount of critical root zone of the 32" white oak tree (tree'#751) that will be affected by the existing grading plan. I did a planimeter measurement of this trees CRZ (figured using 1 foot radius per each inch tree diameter, i.e. this tree's CRZ has a 32 ft radius) and of the area that is encroached by current grade limits. CRZ = 3,130 ft sq. Affected CRZ = 983 ft sq. This calcuates to about 31 %. Typically a healthy tree can withstand about 40% root loss. After talking with other arborists, any time you have about 25% encroachment (root loss) some type of longterm tree management (recovery) plan is recommended. Hope this information helps. GreQa Hove Supervisor of Forestry City of Eagan 3501 Coachman Point Eagan, MN 55122 Phone: 651-681-4300 Fax: 651-681-4360 Email: ghove@ci.eagan.mn.us WWW: www.cityofeagan.com/forestry/forestry.htm a~6 AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 16, 2002 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVAL OF MINUTES 1. May 7, 2002 D. NEW BUSINESS 1. Delta Development 2. United Properties E. ADJOURNMENT a~~ Agenda Information Memo July 16, 2002 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF JUNE 4, 2002 EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the June 4, 2002 EDA meeting. ATTACHMENTS: • Resolution is attached on page~9~ a~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF JUNE 4, 2002 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the June 4, 2002 meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16`" day of July, 2002. James Verbrugge, Secretary a~9 Agenda Information Memo July 16, 2002 Eagan Economic Development Authority Meeting D. NEW BUSINESS 1. DELTA DEVELOPMENT ACTION TO BE CONSIDERED: To give staff direction regarding the possible structure of a final development agreement with Delta Development. FACTS: • Delta Development and the City of Eagan are currently working together under the terms of a previously approved preliminary redevelopment agreement for the Cedar Grove Redevelopment Area. • Delta is proposing to build 230 owner-occupied townhouses south of Cedar Grove Parkway, in the area east of Nicols Road and west of the Cedarvale Highlands at Rahn Road. • Delta has proposed a deal structure for a final development agreement. Staff will outline the proposed structure for the EDA and will discuss the various benefits and risks associated with the proposed deal. Sao Agenda Information Memo June 4, 2002 Eagan Economic Development Authority Meeting D. NEW BUSINESS 2. UNITED PROPERTIES ACTION TO BE CONSIDERED: To give staff direction regarding the United Properties marketing plan for the Cedar Grove Corporate Center. FACTS: • The EDA entered into a preliminary redevelopment agreement with United Properties in June 2002 for the purpose of pursuing redevelopment of properties in the northeast quadrant of the Highway 77 and Highway 13 interchange. • A condition of the agreement was that United Properties would develop a marketing plan for the subject area. ATTACHMENT: • Cedar Grove Corporate Center Marketing Plan is attached on pages o~,~hrough ~ ~ , aai CEDAR GROVE CORPORATE CENTER MARKETING PLAN 1. GENERAL MARKETING COLLATERAL We will print afour-color, two-sided sales brochure for use in direct mailings (to prospects and brokers) and for proposal presentations. The brochure will highlight the benefits and present important amenity, location and building information. Budget (Quantity: 2,000) ........................................................................................... $1,500 REAL ESTATE MEDIA We will list the property in the CommerciaUIndustrial Exchange primary multiple listing service and the Internet. Budget ............................................................................................................................... $0 IN-HOUSE We will address the United Properties sales staff which include approximately 50 professionals focused on various real estate disciplines. In addition, we will distribute written information on the project. Budget ............................................................................................................................... $0 E-BROCHURE We will create an e-brochure which is a comprehensive marketing piece that is designed to be e-mailed to brokers and tenants. This electronic brochure will include renderings, fact sheets, aerials, floor plans and city information. It allows for detailed information to get to prospects quickly. Budget ........................................................................................................................ $1,500 SIGNAGE We will strategically place two 4' x 8' leasing signs on the property to provide basic information and contact names. Budget ........................................................................................................................ $1,500 aaa- 2. PROSPECT MARKETING TARGET MAILING Direct mail has proven to be an effective part of the strategy in reaching top executives in large firms. The mailing has to be unique and appealing enough to cut through the clutter and screens to reach them. We will develop a professionally bound information package that will highlight and detail the overall project. We will identify 50 of the top prospective companies and mail them the package along with a letter and follow up with a personal telephone call. Budget ........................................................................................................................... $750 ANCHOR MAILING We propose sending a brochure and personalized letter to approximately 300 of the leading companies in the Twin Cities marketplace. We will identify those companies who have maintained a substantial presence or are newer, aggressive companies on the rise. We will implement an anchor marketing campaign that reiterates the benefits and availabilities at the project to the business community. We will personally follow up with telephone calls. Budget ........................................................................................................................... $500 DIRECT MAILING We recommend sending a brochure and informational piece on Cedar Grove Corporate Center to numerous prospects in the South Suburban markets. It is important in today's market to include all area tenants with information on the building. Our objective is to reach the local audience who may be in need of additional space or looking to relocate within the suburban marketplace (estimate 650 pieces). Budget ........................................................................................................................... $900 PROSPECT PROMOTION Periodically, specialty items or enticements shall be provided to attract tenants to the building. Examples include lunch, gift certificates or specialty items. Budget ........................................................................................................................... $300 aaa 3. BROKER MARKETING DIRECT MAIL The brochure along with a letter outlining the available space and features of Cedar Grove Corporate Center will be mailed two times to approximately 250 Twin Cities' commercial real estate brokers. Budget ........................................................................................................................... $650 BROKER PROMOTIONS We will continue to reiterate the opportunity at Cedar Grove Corporate Center to the brokerage community. We will contact key brokers and plan various events to promote the project such as inviting individuals or small groups to lunch, a sporting event, a golf round, etc. Budget ........................................................................................................................... $150 E-MAIL We will send an a-mail to approximately 400 brokers on a quarterly basis. This marketing is effective in continually reminding brokers of location, amenities, benefits and availabilities at Cedar Grove Corporate Center. Budget ............................................................................................................................... $0 Total ........................................................................................................................... $7,750 aa~ POLICE DEPARTMENT MEMO Page 1 of 2 ' ~, Maria Karels From: Doug Matteson Sent: Wednesday, July 03, 2002 2:19 PM To: Kent Therkelsen Cc: Maria Karels Subject: 02004044 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-681-4700 651-681-4738 FAX DATE: July 3, 2002 TO: CHIEF KENT THERKELSEN FROM: DET. DOUG MATTESON SUBJECT: K-LIQOUR, INC On June 19, 2002, K-Liquor Inc. made application to the City of Eagan to receive a new liquor license for K-Liquor, located in the Lone Oak Plaza strip mall, 1274 Lone Oak Road, in Eagan. The applicants are Khonesavanh Souphanthavong dob 8-21-72 and Phal Paula Ku dob 3-4-74. Both applicants, are naturalized US citizens, each possessing an INS Permanent Resident status (green card). Both of the applicants live in the City of Savage. Neither applicant does have a criminal background, nor do they have any records with local law enforcement that would prevent them from possessing anoff--sale liquor license. The applicants indicate they will be the only employees working at the store. Neither of the applicants has been in the retail liquor business in the past, as both have bee working in the production/warehouse business in the past. Both applicants will be using a total of $60,000 personal savings to set the store up and to secure the lease. The lease is in place with Tri Star management, pending approval of the liquor license. Chief, the application as submitted is complete and the area is zoned for and would allow this type of business. The applicant has no criminal background, meets the criteria for possessing a liquor license, both at the state level and municipal level, and I see no reason to deny the applicant the requested license and/or permits. 7/3/2002 "~~~ ~; l~innescn Departtnes>t of Public Safety :s. ' :~. Y ij ~I.CUHCL APdI) ~GA..iffi,I1`7G'+ `iF®RCE1~T ~I~SI®I`I ~`'-,--~-~ ~ Cesar St, Suite 1~3, St. Pau1,1c1N ~~ I01-~ U3 - ~~ (651)'96979 F~X.(65I)297-5259 TTY(65I)282-6555 ~~iC~ workers cpmnettsation insurance cam. i`ratue Iv ~ f Mal~r.~ ~-+ri>- -t~,., v,~~ -L Policy Lic.-nsee's Sales. and Use Tax II~ # 5 ~ ~ ~ s 3 ~ ro ~ry~ar a .~t~ ~ rte. u>Q ID ~. ~n ~6s1~ z~~a! ~ ~Nae~sGwt~~ If a cnrooratloa. sn officrs shall es~exute #his anolicadon 7f a Dartaer9ieip, a partner shall exezttbe this $onflgdon. Licensee.Name (Individual, Corporation, Partnership; LLC) Social Sectuiry # Trada Name or DBA License Location (Street Address at Blocic No.) License Period Applicam's Home Phone # /,Z ~~ l.c,~~ G1K n~=~~L From To Cc~ 4~~t- yS'~;:-~~-yam ~1,ti1 K"- `/s Z -fir'! - :~;~ City ' Couary State Zip Code Name of Store Manager Business Phone Number DOB (Individual Applicant) ~~ ri $ mrporatlon or I.LaC a~ name, dabs of birth, Social Secarity # address, title, and shares hdd by each oficer. If a pactnershnp, state names, address and date of birth of each partner. Partner Officer (First, middle, last) DOB SS# Title Shares Address, City, State, Zip Code ~~.-~.: ~ ~2..~c._ Kll > ~l/77 yI~"/~- ~.SL> f ~~~~. Sl.: l.: ~.~/C tG .75~G4C Ga•~.~. .(I^,' ~ rj-Jfr Partner Otficer (First, middle, last) DOB SS# itle Shares Address, City, State, Zip Code K~'~C ?f~-:v •~.t N ~~ ~~'- ~ rl~x~~ 5~:<'r.*~v.lliiL=n:'L~ i _-.i1~7o2 _ !)~ll'S~5'~~NZ f" „~ V: u;•isrcL~ ~Si.L'CC yiyZ 1,<J j~+(.'-` 5~~. sQ„~~ a .,t-(n.' ~L3-'~" Partnez Officer (First, middle, last) DOB SS# itle Shares Address, City, State, Zip Code Partner Officer (First; middle, last) DOB SS# itle Shares Address, City, State, Zap Code 1. If a corporation, date of incorporation -.,.Ll: ~ '~ ~ - , state~incarporated in ~~1 ~ ~.~-~~' +T amount paid in > capital If a subsidiary of any other corporation, so state and give purpose of corporation If incorpornted under the laws of another state, is cotporation atrtharized to do business is the state of 1/ftnnesota7 Q Yes Q No 2. Describe premises to which license applies; sncb; as. (fast floor, second floor, basement, etc.) or if entire building, so state. 3. 1;s establishment located near nay state uaivetsiry, Stale hOSpital, trarnrng 9CllOOl, reformatory or pnson? QYes o If yes state approximate distance. 4. Name and address of building owner- ° ~ ~ ~~ ~ ~ i a .,u ~a ,.~` . -7 < < X F v ~ a ,~v ~_ ~ ~z s ~ . Ga Ic(c -, ~s I (.., , ,~/,n/ ~~~~ owner of any cmaa~ecita~n, ~ m y, app es 5. Is applicant or any of the associates in this application, a member of the governing body of the municipality is which this license is to be issued? ^ Yes ~io If yes, is what capacity? 6. State whether any person other than applicants has a~ riQlit title or interest in the furniture, fisiurES or equipment for which license is applied and if so, give name and details. - .rl:.~, ~r - 7. Have cants a~ interest whatscever, directly or indirectly, is any other liquor establishment is the state of 1/Iinaesota? u Yes~t'o If yes, live name and address of establishment 3. Are the prtrnises now occ ed or to be occupied by the applicant antireln separate and inclusive 5om any other baseness estai7lishment? `Yes o °. State whether applicant has or be grunted, an Cn sale Liquor License in coajtraction with dtis Off Sale Liquor Licxase and for the same premises. ^Yes ~To C WiII be gtazrted I0. State whether a Ii' has or be granted a Sunday (7n Sale Liquor License ~ conj~mcrion with the regular On Sale ".:gtror License. ^ Yes No ^ Will be granted 11. If this application is for a Co card Off Sale License, state the dis[ancx in miles to the neatest mtmicipeiity. ~ 1Z. State Number ofEmplayees 13. If application far. county board o -sale, was a pubfic hearing head the issuattcx of the license? Yes No 14. If Yer m Question I3, °rovide date of hearing N/A 1. State whether apoicant or airy of the associates is this application, have ever had an application for a liquor licea9e nj cored by any mtmicipality ar state authority, if so, give dates and details. - ,yr~:ti z - Z. Has the applicant or nay of the associates is this application, dtrriag the five years itntnediatcly preceding this applicaCian ever had a licrase under the N~SOta Liquor Control Act revoked for airy violation of such laws or Local ordinantres; . if so, give dates and details. - --~ ~ - 3. .app partners, c or enrp ogees ever nay quor vto ttons m ~ to or ere, fate quor Conrol penalties? ^ Yes No If yes, give dates, charges and final otrtcome- d. During past license year, has a sutnraons been issued under the Liquor C;•vil Liability Law (Dram Shop) MS. 34011:802. ^ Yes 'vo If yes, attach a copy of the summons. . This licensee must have one of the following: (ATT~iC~ CERT~+7[C1l~'E OF dNSIIRAI~TCE '~`O'TP[I$ FORIVL) ~~ A. Liquor Liability Insurance (Dram Shop) - 550,000 per person, S10Q000 more than one person; $10,000 property destruction; 550,000 and $100.000 for loss of means of support. or ^ •B. A surety bond from a surety company with minimum coverage as specified in A ar ^ C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of 5100,000 or $100,000 in cash or securities. _ e e ons • are o t name of app cant a tgnattue of p ^ ~- to -- ~8 D)~'.~RTI~EIYT REP©RT BY P This is to certify that the applicant and the associates Warned heron have not bees convicted within the past five years for a~ violation of laws of the State of ivlianesota or mtmicipal ordinances relating to intoxicating ligtrar etc:ept as follows: F~~~~ P~ (~~ ~ Dom, IMarrr~ , ~~, ~cn~ PoliceiSberi$s Departraent ~ .Title Sigasirrre County Attonxy's Signattae PS 9136-00 ~1VII'~ORTANT NOTICE All retail liquor ?ic.-nsees roust have a cuaent Federal Special 0ccagational Stamp. This stamp is leaned by the Btueau of Alcohol, Tobacco, and Firesans. For information ~ll (651)290-,496.