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Council mtg 10-17-23 agenda memoAgenda Information Memo October 17, 2023, Eagan City Council Meeting CONSENT AGENDA M. Modify Conditions of Conditional Use Permit and Approve Final Plat (Yankee Doodle AREM) – Dart Action To Be Considered: To approve a modification to the conditions of a Conditional Use Permit for property located at the northeast corner of Yankee Doodle Road and Columbia Drive, legally described as Part of Lots 33-38, Block 4, Eagandale Center Industrial Park No. 4. To approve a Final Plat (Yankee Doodle AREM) to create one lot upon approximately 6.9 acres located at the northeast corner of Yankee Doodle Road and Columbia Drive, legally described as Part of Lots 33-38, Block 4, Eagandale Center Industrial Park No. 4. Required Vote For Approval:  Majority of Councilmembers present Facts:  The 6.9-acre parcel is undeveloped. A Conditional Use Permit (CUP) was approved for the property earlier this year allowing construction of a warehouse building with outdoor storage of trucks and trailers. A condition of CUP approval required the replat.  The site was previously platted and consists of portions of multiple previously platted lots that have been combined into one parcel for tax purposes.  The Final Plat replats the parcel on its current boundaries into a single lot, eliminating the internal lot boundaries and establishing necessary public drainage and utility easements.  The property to the north has a private storm sewer line that runs through the western portion of this parcel and drains the adjacent property’s parking lot toward the wetland located in the southwest corner of the site. The CUP included Condition #13, which requires that the applicant provide a private easement or agreement over this storm sewer serving the property to the north.  The applicant requests that Condition #13 be modified to remove the requirement to enter into an agreement with the neighboring property (see attached letter from applicant). The applicant acknowledges that the stormwater naturally flows into their property, and they intend to continue to maintain the storm sewer so it functions as intended.  Staff and the City Attorney reviewed the request to Modify Condition #13 and are not opposed to the applicant owning and maintaining the private storm sewer pipe, which would no longer require a private easement or agreement.  Condition #13 should be modified to state: “The applicant shall remove the public drainage and utility easement over the storm sewer serving the property to the north and provide a private easement or agreement to allow it to remain in a manner acceptable to the City Attorney.”  The CUP conditions also required private access easement and conservation easement over the wetland and buffer area. Both of these easement agreements have been provided.  The parcel meets the size and dimensional standards for the Limited Industrial (I-1) zoning district and has access via Columbia Drive.  The Dakota County Surveyor has reviewed the Final Plat and okayed it for mylars. Issues:  None Attachments: (3) CF-1 Location Map CF-2 Final Plat CF-3 Letter from applicant requesting modification of Condition #13 SAWGRASS TR ESPRINGWOOD PATHBLUE JAY CTTRAILS END RDCOUNTY ROAD NO.43 (LEXINGTON AVE.)HUMMINGBIRD LN WESCOTT SQUARE GREAT OAKS PLTANGLEWOOD CTMAPLE TR AIL COURT MI KECOL L I N S D R DISCOVERY RD STATION TRL IVY LAN E GREAT O A K S L N ALDRIN DRIVE ELRENE ROADSAWGRASS T R L W SUNWOOD TRAILMAPLESTREET BLUE JAY WAY SAWGRASS TR SBETTY LNDUCKWOOD DR THORWOOD CTPROMONT O R Y P LFALCON WAYMIKE COLLINS DRB O R C H E R T L N WOODL A N D C O U R T CHESTNUT LN WOLFBERRY CTSU N C R E S T C T ELRENE ROADCO. RD. NO. 43 (LEXINGTON AVE.)NEIL ARMSTRONG BLVD WOODLAN D T RAI LSAWGRASS TR WGREAT OAKS TR A I L ELRENE ROADCOLUMBIA DRG O L F V IE WDRASPEN COURTTRAILS END RD ELRENE ROADWDCRST CIRWESCOTT WOODLANDSBLUE JAY WAY MONAR CH TRL WILD ROSE CT SAWGRASS T R L E STA TE TRUNK HWY . NO . 1 4 9 A R B O R C TIVY CTMIKE COLLINS DRGREAT O A K S CI RSP RINGWOOD CTGEM INI RD W E S C O T T H I LLS DR OAK STREET CO. HWY. NO. 28 (YANKEE DOODLE RD.) TRAIL CT O'Leary Park Wescott Commons Park Thresher Fields Thresher Fields 0 1,000 Feet ¯ Location MapLocation Map Project Name: Yankee Doodle AREM Plat (Dart) Request: Modify CUP/Approve Final Plat Case Nos.: 11-CU-01-06-23 11-FP-01-09-23 Subject Site YD2 LLC (“Dart Transit”) 800 Lone Oak Road Eagan, MN 55121 September 21, 2023 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE “Dart Transit” CUP (at Yankee Doodle and Columbia Drive) To Whom It May Concern, On August 2, 2023, the Eagan City Council approved our application for a condition use permit to store 26 semi-trailers as part of the development of our site located at the northeast corner of Yankee Doodle Road and Columbia Drive. Subsequent to the approval we have worked with city staff to have condition #13 either removed or modified. Condition #13 (Excerpt from Council Meeting Minutes) It has been determined that no public drainage and utility easement over the storm sewer exists. Furthermore, there is no need for a private easement to address water naturally flowing onto our property from the property to the north. We request that either the condition be removed or modified to state that we understand we own the storm sewer and are responsible for its continued maintenance so that it functions as intended – or something to that effect as the City may direct. Regards, Gary Santoorjian Secretary - YD2, LLC City Council Meeting Minutes October 17, 2023 Page 3 L. It was recommended to approve a resolution calling for a public hearing on November 21, 2023 for the approval of a proposed tax abatement for Park Improvement Projects and issuance of General Obligation Tax abatement bonds. M. It was recommended to approve a modification to the conditions of a Conditional Use Permit for property located at the northeast corner of Yankee Doodle Road and Columbia Drive, legally described as Part of Lots 33-38, Block 4, Eagandale Center Industrial Park No. 4; Further, it was recommended to approve a Final Plat (Yankee Doodle AREM) to create one lot upon approximately 6.9 acres located at the northeast corner of Yankee Doodle Road and Columbia Drive, legally described as Part of Lots 33-38, Block 4, Eagandale Center Industrial Park No. 4. N. It was recommended to approve a resolution appointing election judges for the November 16, 2023 and December 5, 2023 Special Election. O. It was recommended approve Final Payment for fiber extension to Denmark Lift Station and Eagan Civic Arena to AEI Construction, Inc and Accept the Improvements for Perpetual City Maintenance Subject to Warranty Provisions. V. PUBLIC HEARINGS WAIVER OF SUBDIVISION REQUIREMENTS – Twin Cities Habitat for Humanity – 2042/2044 Pin Oak Drive City Administrator Miller introduced the item and invited City Planner Schultz to provide additional information and a location map. City Planner Schultz provided a location map and staff report. Schultz noted each lot would meet the bulk and lot minimum standards of the R-2 zoning district. . Schultz clarified the typical subdivision requirements to be waived are platting and collection of fees such as park and trail dedications. Mayor Maguire asked if there were any questions of staff. Seeing none the Mayor asked if there were any public comments. Seeing none the Mayor asked for a motion. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Waiver of Subdivision Requirements for a duplex lot split located at 2042 and 2044 Pin Oak Drive, legally described as Lot 1, Block 5, Vienna Woods. Aye: 5, Nay: 0. Motion carried. FINAL ASSESSMENTS for the following: Project 1488, Coachman Rd / Four Oaks Rd / Coachman Oaks Project 1490, Duckwood Drive & Lexington Place Project 1491, Slater Road Project 1492, Wescott Road & Elrene Road Project 1493, Cedar Cliff 1st - 3rd Project 1494, Drexel Heights Project 1496, Murphy Farm Project 1497, Opperman Drive Project 1498, Pilot Knob Heights