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09/12/2023 - City Council Special
SPECIAL CITY COUNCIL MEETING TUESDAY SEPTEMBER 12, 2023 5:30 P.M. EAGAN ROOM – EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. JOINT MEETING WITH ADVISORY PARKS & RECREATION COMMISSION (APRC) IV. COMP GUIDE AMENDMENT: CONCEPT PLAN REVIEW (BCBS SITE) V. RESIDENTIAL CARE FACILITIES DISCUSSION VI. PROPOSED CANNABIS POLICY VII. OTHER BUSINESS VIII. ADJOURNMENT Agenda Information Memo September 12, 2023 Eagan Special City Council Workshop III. PARKS CIP PRESENTATION Direction For Consideration: To receive and discuss the Parks draft 5-Year Capital Improvement Plan (CIP), 2024 – 2028 with the understanding of approval of this plan will occur at a future regular Council meeting for formal consideration of adoption. Facts: ➢ The Advisory Parks and Recreation Commission (APrC) meets annually with the City Council to have dialogue that is important for their advisory work with respect to the Parks & Recreation Department. ➢ As part of the joint meeting, Director Pimental and Staff will present the 2024-2028 five-year Parks CIP to Council, with emphasis on the 2024 projects along with three larger Recreation Facility Projects (Art House Reconstruction, Goat Hill Park Redevelopment, and ECC Improvements). ➢ Like previous years, the CIP focuses on several areas of the park system and development that includes maintenance related items, new park amenities, improving current conditions and addressing deferred maintenance throughout the parks system. ➢ Foundational work for this CIP includes the 2015 Parks System Master Plan, Eagan Forward and the engagement work that was created throughout that process as well as the additional community engagement and research coordinated through the annual work of the APrC. ➢ When paired with the Parks 10 Year Master Plan, the 5-Year Capital Improvement Plan becomes the road map for programming and scheduling various capital improvements. In recent years, the Parks CIP has developed the following program themes: o Professional Services (Planning and Engineering Services for Future Projects) o Playground Improvements (Replacements & Enhancements) o Opportunistic/Grant Projects (Partnership Projects) o Small Projects (Corrections or Improvements on Existing Infrastructure) o Park Facilities (Park Buildings, Restroom Buildings, Sun Shelters, Fields/Courts) o Public Art (Commissioned Sculptures, Benches, Bike Racks) ➢ 2024 and beyond projects will continue to have an equity lens towards planning and programming redevelopment that balances services and readily available amenities throughout community along with timing of projects that align with annual subsidy support and fund balance resources. ➢ In summary, the recommended 2024 projects include: o Professional Services $200,000 o Tennis Court Rehab $175,000 o Small Projects $200,000 o Playground Replacement $75,000 o Public Art – Heart of Eagan $10,000 o Lex-Diffley Safety Netting $75,000 Total $735,000 Attachments: (3) PowerPoint Presentation 5-Year Parks CIP Guide Preliminary Art House Drawings Eagan Parks and Recreation 2024–2028 Capital Improvement Plan Presentation Outline & Themes Continued Parks System Goal Demonstrate a well-balanced City managed parks system for Eagan Residents with welcoming amenities along with quality and sustainable services in these highly visible and accessible community spaces. 5-Ye a r P l a n n i n g 2023 CIP Update In-Progress Projects 2024 CIP Forecast Proposed Projects 2025-2028 Placeholders Fi n a n c i a l s Budgeting Cost of labor & materials continue to rise. Recent years have shown heavy public use towards both existing and new infrastructure. Annual evaluation and prioritization of projects becomes even more critical. Pr o j e c t M a n a g e m e n t Team Approach Collaborative Projects Annual CIP Projects Larger Facility Projects Parks Capital Improvement Plan (CIP) Guiding Documents 10 Year -Parks Master Plan Flexible10-year road map with reinvestment and redevelopment opportunities that can be linked to the 20-Year Citywide Comprehensive Planning efforts while also aligning with 5-Year CIP Budgeting Funding Timing Park Dedication Funding Park Development Funding 10-Year Master Plan 5-Year CIP 20-Year Comp Plan Park Redevelopment Implementation Planning 2023 CIP Update –In Progress Project Descriptions •Oak Chase Tennis Courts •Professional Services & Consulting •Norse Park Shelter •Slater Acres Playground Replacement Oak Chase Tennis Court Rehab Project –Before Slater Acres Park –Before Norse Park Sun Shelter •Small Projects •Public Art Installation 2024 CIP Forecast Theme -Aging Infrastructure 2024 CIP Forecast Proposed Budget o Professional Services (Planning and Engineering Services for Future Projects)$200,000 o Tennis Court Rehab (Park Facilities Improvements)$175,000 o Small Projects (Corrections or Improvements on Existing Infrastructure)$200,000 o Playground Replacement (Playground Improvements)$75,000 o Public Art –Heart of Eagan (Loan Program at Civic Campus)$10,000 o Lex -Diffley Safety Netting (Ballfield Improvements) $75,000 Total $735,000 2025 –2028 Placeholders o Athletic Field Improvements and Corrections (Irrigation, Drainage, Crowning) o Playground Replacements and Playground Surfacing Enhancements o Tennis Court Rehabilitation and Reconstruction o Public Art Program o ADA Improvements Financials Tax Levy Support -Annual Tax Levy •2024 -$789,000 •2025 -$789,000 •2026 -$1,139,000 -Park Redevelopment Fund •Financial stability for Parks redevelopment •Next Parks Master Plan will include Asset Management focus Park Redevelopment Projects Tax Supported Revenue Park Dedication (Building Permit Revenue) Financials Park Dedication Funding -Park Dedication fees •impact fees associated with private development projects •legally required to be spent on park system expansions or enhancements. •Funding is unreliable and varies due to the nature of private developments Park Redevelopment Projects Tax Supported Revenue Park Dedication (Building Permit Revenue) 5-Year Parks CIP Summary (2024-2028) Recreation Facilities –Capital Improvement Plan Art House –Site Development Art House –Potential Massing & Floor Plan Goat Hill Pavilion 2023 Construction Goals: Improve Light Pollution Assist w/Maintenance Efforts Combat Snow/Rain Events Support Multipurpose Events/Activities Shelter Building 2023 Design 2024 Construction Goals: Year-Round Park Building Support Parking Lot Redesign Improve Access & ADA Tree Plantings & Storm Water Management ECC Study Update Established Service Categories Determined what activities fit in each category Determined the community impact of each category Determined the approximate cost recovery for each category Focus on ROI of Facility Spaces Analyzing current spaces and the function for each space Analyzing the appropriate uses and sizes of each space to determine ROI Researching potential future uses and right sizing of spaces ECC Study Next Steps •Facility Reservations are taken 2 years in advance •RFP for Design Services Approx. 2 months •Design Process Approx. 1 year Design Assumptions •Impact on Services & Revenues •Facility Disruption approx. 12-16 Months •Project Funding Timelines Construction Considerations Timing of Projects & Financials October 2023 Set Public Hearing November 2023 Public Notice Hearing Authorize the Issuance of Tax Abatement Bonds December 2023 Establish Set Sale Date for Bonds February 2024 Bond Sale Authorizing Resolution 2025 ECC Bond Sale Authorizing Resolution 2023 ECC Study Art House Design Goat Hill Pavilion Construction Financial Planning Public Education 2024 ECC Design Art House Construction Shelter Building Construction 2025 ECC Construction Questions on Phase 1 Projects or Timelines? Parks 5-Year CIP -Policy Question 1.Is Council supportive of the work plan and projects proposed in the 2024-2028 Parks CIP? 2024 Projects 2025 Projects 2026 Projects 2027 Projects 2028 Projects $200,000 Professional Services $100,000 Professional Services $100,000 Professional Services $100,000 Professional Services $500,000 Irrigation Replacement $175,000 Tennis Courts $250,000 Tennis Courts $125,000 Tennis Courts $125,000 Tennis Courts $125,000 Tennis Courts $75,000 Playgrounds $225,000 Playgrounds $225,000 Playgrounds $150,000 Playgrounds $150,000 Playgrounds $10,000 Public Art Allocation $10,000 Public Art Allocation $10,000 Public Art Allocation $10,000 Public Art Allocation $40,000 Public Art Allocation $75,000 Lex/Diff Safety Netting $200,000 Park Rehabilitation $1,000,000 Park Building Remodel $500,000 Restroom Building Remodel $500,000 Restroom Building Remodel $200,000 Small Projects $125,000 Small Projects $125,000 Small Projects $150,000 Small Projects $150,000 Small Projects $735,000 Total $910,000 Total $1,585,000 Total $1,035,000 Total $1,465,000 Total Parks and Recreation Thank you 5 Year Capital Improvement Plan 2024 CIP Projects 200,000$ Professional Services 175,000$ Tennis Court Reconstruciton (Bur Oaks) 75,000$ Playground Replacement (O'Leary) 10,000$ Public Art (HeART of Eagan) 75,000$ Lexington/Difflet Athletic Field Safey Netting 200,000$ Small Projects Field Rehabilitation 125,000$ Fibermulch ADA surfacing 75,000$ (Blackhawk Playground & concerte) 735,000$ Total 2025 CIP Projects 100,000$ Professional Services 250,000$ Tennis Court Reconstruction (Woodhaven) 200,000$ Park Rehabilitation (Lexington Park) 225,000$ 10,000$ Public Art (HeART of Eagan) 125,000$ Small Projects Wood Bench Replacements Athletic Field Irrigiation 910,000$ Total 2026 CIP Projects 1,000,000$ Quarry Park Building Remodel/Addition 100,000$ Professional Services 125,000$ Tennis Court Rehabilitation (Ridgecliff) 10,000$ Allocation for Public Art 225,000$ 125,000$ Small Projects 1,585,000$ Total (planning for a neighborhood tennis court, may amend for Northview courts & school district opportunity) Playground Replacement/Enhancements (Lakeside, Cedar Pond & Fish Lake Parks) Playground Replacement/Enhancements (Lexington, South Oaks & Walnut Hill Parks) Project locations may change based on annual evaluation 5 Year Capital Improvement Plan 2027 CIP Projects 125,000$ Tennis Court Rehabilitation (Pilot Knob Park) 100,000$ Professional Services 10,000$ Allocation for Public Art 150,000$ Playground Replacement/Enhancements (Rahn & Ridgecliff) 500,000$ Restroom Building Remodel (Rahn Athletic & Ohmann) 150,000$ Small Projects 1,035,000$ Total 2028 CIP Projects 500,000$ Northview Restroom Building/Sitework 500,000$ Northview Field 1-4 Irrigation Replacement 100,000$ Professional Services 150,000$ Playground Replacement/Enhancements (Peridot Path) 125,000$ Tennis Court Rehabilitation (Country Home Park) 40,000$ Allocation for Public Art 150,000$ Small Projects 1,565,000$ Total Project locations may change based on annual evaluation North Elevation East Elevation South Elevation ADULT CHANGING TABLE DEMO WHEEL FRONT PORCH BACK PORCH RAKU YARD KITCHEN WORK AREA DEMO WHEEL DEMO WHEEL ROOF LIGHT ABOVE CUBBIES/ HOOKS POTTERY FAMILY RESTROOM MECH/ ELEC/ WATER JANITOR GREEN ROOM TRASH STAFF SUPPLY STORAGE/ DATA FURNITURE STORAGE FLEX/ SENSORY ROOM POTTERY / FLEX GLAZINGKILN 80 SF RAKU STORAGE WELCOME GALLERY CIRCULATION VESTIBULE CLASSROOM CLAY STORAGE EAGAN ART HOUSE 09/12/23 | JLG 23113 | © 2023 JLG ARCHITECTS FLOOR PLAN SCALE: 1/8" = 1'-0" FLOOR PLAN SERVICE RAKU YARD LE X I N G T O N A V E EXISTING ART HOUSE MECH/ ELEC/ WATER JANITOR CLAY STORAGE CIRCULATION FLEX/ SENSORY ROOM WE L C O M E G A L L E R Y EXISTING RAIN GARDEN POTTERY GLAZINGKILN POTTERY / FLEX RAKU STORAGE CLASSROOM STAFF 26 EXISTING SPACES 51 EXISTING SPACES 33 NEW SPACES FRONT PORCH BACK PORCH ENTRY TRASH STORAGE DROP-OFF TURF FAMILY RESTROOM GREEN ROOM FURNITURE STORAGE PRAIRIE GRASS 09/12/23 | JLG 23113 | © 2023 JLG ARCHITECTS EAGAN ART HOUSE SITE PLAN Agenda Info Memo September 12, 2023 City Council Workshop VI. PROPOSED CANNABIS POLICY Action for Consideration: Discuss ordinance amendment to Eagan City Code Chapter Ten entitled “Public Protection, Crimes and Offenses” by adding section 10.61 regarding cannabis use within public property and public places and by adopting by reference Eagan city code chapter 1 and section 10.99. Facts: Minnesota Legislature recently approved the enactment of Chapter 341 of Minnesota Statutes which provides for the regulation of adult use cannabis. While the Legislature identified spaces where cannabis use is legal, it abstained from identifying spaces where cannabis use is not legal. The decision whether to restrict use in public places and on public property falls to cities. Public spaces include sidewalks, trails, athletic fields, playgrounds, open spaces, and parking lots. The City recognizes that the intent of this legislation is to decriminalize the use of cannabis in Minnesota. The proposal to approach cannabis like alcohol and tobacco respects this intent while addressing other considerations such as public intoxication, underage exposure, and smoke nuisance. Staff considered identifying specific public spaces, recreation areas, and facilities where cannabis use might be allowed, or alternatively specifying where it should be restricted, but determined that existing ordinances regarding alcohol and tobacco suffice for this purpose. Although staff evaluated options for an ordinance amendment that would treat cannabis smoke like tobacco smoke and intoxication like alcohol use, this draft ordinance prohibits cannabis use in public spaces. This approach is consistent with many cities across Minnesota. Violation of this ordinance is penalized as a petty misdemeanor. The intent for law enforcement will be to inform and educate before enforcing. Regarding the separate issue of zoning and cannabis sales, Eagan City Council held a public hearing and approved an ordinance amendment to City Code Chapter 12 regarding a moratorium for the study of restrictions on the establishment or operations of cannabis businesses, which ends January 1, 2025. Attachments: (1) Draft ORDINANCE Amendment Sec. 10.61 Cannabis Prohibited Use Agenda Information Memo September 12, 2023 Special City Council Meeting IV. Concept Plan Review, Comprehensive Guide Plan Amendment – Blue Cross Blue Shield, 3535 and 3545 Blue Cross Road (Bill Katter, Interstate Development Corporation) Direction for Consideration No action is required. Request is for discuss and feedback regarding a concept plan proposal regarding the Blue Cross Blue Shield main campus consisting of approximately 55 acres. Facts: In December 2021 City Council approved an amendment to City Code providing procedures for an informal review of a concept plan prior to a formal request of a Comprehensive Guide Plan Amendment. The subject property is located at 3535 and 3545 Blue Cross Road and consists of approximately 55 acres on 3 lots. The original Blue Cross Blue Shield (BCBS) building was constructed in 1969, with several building additions that followed. The site consists of the main building (approximately 190,000 square feet) and the day care building (consisting of just over 12,000 square feet). In 2003 the City approved a Master Plan and Preliminary Planned Development that re- envisioned the entire BCBS campus that involved over 800,000 square feet of office building, parking ramps, a new public road (Blue Cross Parkway), stormwater improvements, residential development, trail and green space improvements on 155 acres. The term of the PD Agreement was for 25 years. The BCBS main building sits largely vacant with many of the employees having consolidated to other BCBS buildings on the west side of Trunk Highway 13, off Yankee Doodle Road. The applicant, Interstate Development, and the property owner WP Carey, are seeking City Council input regarding a Concept Plan and land use change that would require re- guiding the property from MO, Major Office, to IND, Industrial. The applicant’s narrative and concept plan illustrate a proposed 460,000 square foot, state-of-the-art, warehouse and distribution facility with a potential 230,000 square foot future addition. The plans illustrate the building on the east central portion of the site, with loading docks and a truck court on the west side adjacent Trunk Highway 13. The plan also illustrates new points of access on the north end of the site to accommodate trucks in and out of the property, a new maintenance garage and generator building. The northerly portion of the BCBS property has long been used for youth soccer fields and other community events. Due to the proposed access drive and required stormwater ponds on the north end of the site, the applicant is proposing to relocate the fields to the south end of the site, directly across from Sky Hill Park. Although not part of the potential land use change, the Delta Dental building would become the office headquarters for the perspective tenant, maintaining the office use of the property. The existing day care would also remain and be repurposed as a corporate training center. The attached Planning staff report provides a cursory review of the proposal based on the information provided by the applicant. Additional analysis would be conducted if a formal application is submitted. Attachments: (3) IV-1 Location Maps IV-2 Planning Report IV-3 Concept Plan and Narrative YANKEEDRIVE DONALD AVE BLA C KH A W K R O AD DONALD CO U RT BIR C H P O N D R D ASHBURY ROAD B R O WN BE A R T RAIL MONTEREY LANE DONALD AVE LETENDRE ST S T A T E T R U N K H I G H W A Y N O .1 3 KEN N E B E C D R IV E B I R CHPOND RD R O BIN L A N E SILVER BELL CR B L A C K H A W K C O V E BLACKHAWK PT KYLLO LANE LETENDRE ST A S H B URYPLACE B L A C K H A W K R O A D KEN N E B E C D RIV E TERMINALDRIVE ASHBURY ROAD R E D F O X LN HUNT DRIVE ALDER LANE PLANTROAD B I R C H P O N D PL C O M A N C H E R O A D B OARDWAL K COUNTY ROAD NO. 28 (YANKEE DOO DLE ROAD) SILVER BELL ROAD KNOLL RIDGE DRIVE SILVER BELL ROAD B L A C K H A W K L A K E P L CREST RIDGE LANE S E N E CA ROA D HERITAGE LANE BLUE CROSS RD. BUR G UNDY DR BLACKHAWK ROAD YANKEE D O O D LE R O A D BLU E C R O SS R O A D S H A W NEE R O AD CENTURY POINT WILLOWWAY LAUREL CT STATE T R U N K HIG H W AY N O.13 STATEHIGHWAYNO.13 K E N N E B E C D R I V E Sky Hill Park Blackhawk Park Fort SnellingState Park Location Map 0 1,000500 Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: BCBSM RedevelopmentRequest: Concept Plan ReviewFile Nos.: Subject Site ASHBURY RD YANKEE DOODLE RD SIBLEY MEMORIAL HWY KENNEBEC DR BLUE CROSS RD COACHMAN RD BIRCHP O N D R D BLACKHAWK RD YANKEE DR DONALD AVE HERITAGE LN HUNT DR CR ESTRIDGE LN SHAWNEE RD BALTICAVE C O M A N C H E R D BOA R D W ALK RO BIN LN TERMINAL D R R E D FOXRD PACIFIC AVE DO N AL D C T CENTURY PT JO U RDANCT SIBLEY MEMORIAL HWY LAND USE MAP Compre hens ive Guide Plan ConceptBCBSM HQ Redevelopment Subject Site 0 400 800200 Feet E LD-Low Density MD-Medium Density HD-High Density O/S-Office/Service RC-Retail Commercial MO-Major Office BP-Business Park IND-Limited Industrial MU-Mixed Use P-Parks, Open Space & Recreation QP-Public/Quasi-Public Private Recreation Municipal Boundary ASHBURY RD COAC HMA N RD YANKEE DOODLE RD SIBLEY MEMORIAL HWY BLUE CROSS RD KENNEBEC DR BIRCHPO N D R D BLACKHAWK RD YANKEE DR DO NALD AVE HERITAGE LN HUNT DR CR ESTRIDGE LN SHAWNEE RD BALTICAVE BOA R D W ALK RO BIN LN TERMINAL D R PACIFIC AVE R E D FOXRD C O M A N C H E R D D O NA L D C T CENTURY PT A S H B URY CT J O U RDANCT PARK PL SIBLEY MEMORIAL HWY Current Land Use Map Proposed Land Use Map Subject Site YANKEE DRIVE DO N A L D A V E B L A C K H A W K R O A D DONALD COU R T BI R C H P O N D R D ASHBURY ROAD MONTEREY LANE DO N A L D A V E B I R CHPOND RD KYLLO LANE LETENDRE ST B L A C K H A W K R O A D TER MINAL D RIVE ASHBURY ROAD R E D F OX LN HUNT DRIVE B I R C H P O ND PL B OARDWAL K COUNTY ROAD NO. 28 (YANKEE DOODLE ROAD) KN O L L R I D G E D R I V E CREST RIDGE LANE HERITAGE LANE BL U E C R O S S R D . YA N KEE D O O D L E R O A D B L U E C R O S S R O A D CENTURY POINT S H A W N E E R O A D HWY 1 3 ( S I B L E Y M E M O R I A L H W Y ) S T A T E T R U N K HIG H W A Y N O. 13 HW Y 1 3 ( S I B L E Y M E M O R I A L H W Y ) STATE HIGHWAY NO. 13 KEN N E B E C D R I V E Copyright nearmap 2015 Location Map Blue Cross HQ Redevelopment 0 800400 Feet PLANNING REPORT CITY OF EAGAN REPORT DATE: September 7, 2023 CASE: N/A PROPOSER: Interstate Development WORK SESSION DATE: September 12, Corporation PROPERTY OWNER: WP Carey APPLICATION DATE: September 6, 2023 REQUEST: Informal Review of Concept Plan – PREPARED BY: Mike Schultz Comprehensive Guide Amendment LOCATION: 3535 and 3545 Blue Cross Road COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant, Interstate Development Corporation, in conjunction with owners WP Carey, current owner, are requesting informal discussion with City Council regarding a proposed comprehensive guide amendment concept plan. The proposal involves the Blue Cross Blue Shield main building, associated day care, and open space at the southeast corner of Yankee Doodle Road and Trunk Highway 13. The three subject properties comprise of 55 acres. The former Delta Dental property is also part of the development proposal, but a land use amendment is not required. The group is seeking Council input regarding a proposal to reguide the current land use designation from MO, Major Office to IND, Industrial to accommodate a redevelopment of the site for warehouse and distribution use. The former Delta Dental property, comprising of 16 acres, would remain guided as Major Office as the applicant intends to retain the office use as part of the proposal. The Planning Report is intended to provide a cursory review of the property and this request. A complete review will be provided upon submittal of a formal development application. AUTHORITY FOR REVIEW Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 2 City Code Chapter 11, Section 11.50, Subdivision 5(I) states: Comprehensive Guide Plan Amendment concept plan. Prior to filing a land use application that would require an amendment to the City’s Comprehensive Guide Plan, any person may submit to the City a concept plan for a proposed comprehensive guide plan amendment, along with a written request that the concept plan be presented to the City Council for informal presentation and discussion of the feasibility of the proposed comprehensive guide plan amendment. The request shall be made by addressing a letter to the City Council; the request and concept plan will be presented at a subsequent City Council meeting as agenda availability permits. A concept plan review hereunder will be limited to one plan review per property in a twelve-month period. Submission of the concept plan shall not constitute formal filing of a plan or application with the City. The City Council will not take formal action or provide an opinion as to its action upon a formal application for the amendment; the sole purpose of the City Council ’s review of the submitted concept plan is to review and obtain information about the potential/conceptual comprehensive guide plan amendment. BACKGROUND/HISTORY The subject property is located at 3535 and 3545 Blue Cross Road, also described as the area south of Yankee Doodle Road to Blackhawk Road and west of Blue Cross Drive to Trunk Highway 13. The Blue Cross Blue Shield building was originally constructed in 1969, with a number of building additions that followed. The day care building was constructed in 2005. In 1981, the City approved a Planned Development and Master Plan that included the subject property, the undeveloped property east of Blue Cross Drive, the former Delta Dental property, and the area that became the Terra Glen single-family development. The Planned Development encompassed a variety of uses including Limited Business, Low Density Residential, Medium Density Residential and Park uses. More specifically, the plan incorporated the existing 190,000 square foot Blue Cross office building and the following use allotments: Limited Business Uses: o 88.7 acres o 1.065 million square feet of office Medium Density Residential: o 32.9 acres Low Density Residential: o 44.9 acres Park: o 12 acres In the winter of 1998, the City approved a Final Planned Development for construction of the Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 3 64,300 sq. ft. Delta Dental office building. In 2004, following approval of a revised Master Plan, the City approved the construction of the day care building on the south end of the campus. In 2002, BCBS and the City approved an Alternative Urban Areawide Review (AUAR) that reimagined and reallocated the future development of the BCBS campus. In 2003 the City approved a Preliminary Planned Development Agreement for 157 acres of property that included the existing campus and the land east of Blue Cross Road (see below Master Plan). The PD Agreement called out the following staging and land use allocations: Phase I (Anticipated construction to commence in 2005) • Approximately 210,000 gross square foot office (Bldg C) • Parking ramp • Poten�al Coachman Road connec�on • Poten�al construc�on of man-made pond and central landscaped green area • Poten�al development of approximately 35,000 gross square foot conference center/daycare Phase II (Anticipated construction to commence by 2008) • Approximate 210,000 gross square foot office building (one large or two smaller, Bldgs B1 & B2) • Poten�al parking ramp Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 4 • Poten�al development of approximate 35,000 gross square foot conference center/daycare (in not part of an earlier phase) • Poten�al re-rou�ng of Blue Cross Road • Poten�al construc�on of a man-made pond and central landscaped green area (in not part of an earlier phase) Phase III (Anticipated construction to commence after 2008) • Approximate 420,000 gross square foot office building, may be one larger or two smaller (Bldgs A1 & A2) • Poten�al Coachman Road connec�on (if not part of an earlier phase) • Poten�al development of an approximate 35,000 gross square foot conference center/daycare (if not part of an earlier phase) • Re-rou�ng of Blue Cross Road (if not part of an earlier phase) The term of the PD Agreement was for 25 years, expiring in 2028. Staff outlined the above terms to demonstrate the City approvals given regarding the land use type and intensity of uses on the BCBS campus. EXISTING CONDITIONS This site includes 55.3 acres on the west side of Blue Cross Road, and 16.2 acres east of Blue Cross Road (former Delta Dental). The west side is currently developed with the former corporate headquarters building for Blue Cross / Blue Shield, a small daycare building, a very large parking lot, and soccer fields that are leased by the City of Eagan. The east side is developed with the former Delta Dental headquarters building and a large parking lot. Most of the utilities on the sites are privately owned and maintained with the exception of a public sanitary sewer line that runs through the north side of the western site. The perimeter of the site is lined with mature trees. The site is fronted by Trunk Highway 13 to the west, Yankee Doodle Road (CSAH 28) to the north, Blackhawk Road to the south, and Blue Cross Road primarily to the east. The western side of the site has two driveways, and the eastern side one driveway, to Blue Cross Road. A bituminous trail is located along the southern boulevard of Yankee Doodle Road, the eastern boulevard of Blue Cross Road, and the northern boulevard of Blackhawk Road. The trail network has a gap along Trunk Highway 13 adjacent to this property. SURROUNDING USES The following existing uses, zoning and comprehensive guide plan designations surround the subject property. Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 5 Existing Use Zoning Land Use Designation North Office Planned Development Major Office South Single-family Residential R-1, Residential Single Low Density East Vacant / Vacant office building Planned Development – Office Major Office West Trunk Highway 13 Planned Development - Industrial Industrial EVALUATION OF REQUEST Concept Plan – The concept plan proposes an initial 460,000 square foot automated warehouse, with potential for a 230,000 square foot addition, on approximately 55-acres. The concept plan also includes retaining the existing 12,000 square foot day care building, along with new buildings for a truck maintenance garage and generator building. The proposed plan would also include reuse of the former Delta Dental building as the corporate headquarters building for the potential buyer. Proposal – The request is to raze the existing 190,000 square foot office building, including the parking lots and ballfields to construct a 460,000 square foot warehouse and distribution facility, with potential for a 230,000 square foot addition. The applicant’s narrative states the former Delta Dental building would become the administrative headquarters for the company. The concept plan proposes flipping the existing site layout by siting the proposed warehouse building closer to Blue Cross Road and the loading/truck court area fronting Trunk Highway 13. The applicant notes the proposed building height at 60 feet to accommodate storage and a ceiling-mounted material handling system. The existing BCBS building was constructed utilizing existing grades and is terraced from east to west, with more of the building exposed along the Trunk Highway 13 side of the property. The concept plan illustrates a new 8,000 square foot truck maintenance building and an adjacent generator building. The existing day care building on the south end of the site would remain and is proposed to be reused as a corporate training center. The concept plan proposes increasing the number of access drives from three to five, four along Blue Cross Road and one along Blackhawk Road. The applicant notes the new main access, along with relocation of the soccer fields, allows the truck traffic to be located away from existing residential neighborhoods and Sky Hill Park. The applicant proposes to relocate a portion of the youth soccer fields from the north end of the campus to the south end of the campus directly across from Sky Hill Park. The concept plan illustrates 6 youth size fields and 2 larger fields for a total of eight soccer fields (currently there are 12 youth and 2 large fields). The concept plan also illustrates new parking lots serving both the soccer fields and proposed training center building. The applicant’s narrative notes the potential buyer are strong supporters of Minnesota youth soccer. Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 6 The applicant and potential buyer state they have outgrown its current Twin Cities location and have been searching for a suitable site in the southeast metro area that “could potentially move our office headquarters as well as construct a state-of-the-art light industrial facility to serve as our primary distribution warehouse in the state of Minnesota”. Due to the proposed size of the building, 460,000 square feet with potential 230,000 square foot addition, an environmental study will be required prior to any approvals. State Statutes require an Environmental Assessment Worksheet (or an AUAR - Alternative Urban Areawide Review) be completed for industrial facilities exceeding 450,000 square feet (for second class cities). Compatibility with Surrounding Area – The Comprehensive Plan notes the following compatibility considerations for Industrial land use designation “Due to the high intensity of industrial uses, buffering and other mitigation techniques may be required to make them compatible with lower intensity uses, particularly residential uses. Industrial uses are generally compatible with office, retail and service uses, given appropriate design treatment. With adequate buffering and attractive architectural treatment, light industrial uses with low levels of truck traffic can be compatible in close proximity to some residential uses”. The subject property is situated east of Trunk Highway 13 and south of Yankee Doodle Road. Currently, Industrial land use designations are situated on the west side of the highway, providing separation of existing residential land uses that are located predominately east of Trunk Highway 13. Truck traffic is also primarily relegated to the west side of the highway, although both Trunk Highway 13 and Yankee Doodle Road serve as major truck routes through the City. The property east of Blue Cross Road and south of Yankee Doodle Road, currently owned by BCBS, is guided Major Office and remains undeveloped. The BCBS Master Plan identifies future office buildings on the vacant parcel that could provide a transition from industrial to existing single-family. Additionally, the former Delta Dental property and the BCBS day care parcel could remain designated as Major Office they are both located on separate lots and would be reused as corporate office and a training center, respectively. Alternatively, a required setback buffer from Blackhawk Road for industrial uses could be considered as part of a future Planned Development. The existing BCBS building was constructed utilizing the existing grades on the site and is terraced from the parking lot (elevation of 850) down to Trunk Highway 13 (elevation 822); which allows the building to have a low profile on the site, save for the turret that extends above the roofline on the west side of the building. The concept plan illustrates the proposed 60-foot building on the high side of the property (elevation 854), which would change the overall character of the site (for comparison, the former Transport America building on the north side of Yankee Doodle Road measures approximately 53.5 feet in height). The plans do Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 7 not include contour information, but staff assumes the loading and truck court side of the building will need to be level with the truck court, requiring significant grading of the property, potentially requiring the need for retaining walls along Trunk Highway 13. Code Requirements – The concept plan review does not include detailed analysis of City Code requirements. However, staff has reviewed some base performance and development standards associated with this proposal. Parking: The concept plan appears to have fewer parking stalls than required by the City Code. Code requires at least one parking space for each 400 square feet of gross floor area up to 6,000 square feet and one parking space for each 1,000 square feet of gross floor area over 6,000 square feet, resulting in 439 parking stalls for the initial 430,000 square foot building, and an additional 230 if the entire 230,000 square foot addition is constructed. The concept plan does not identify the total number of stalls; however, based on estimated dimensions of the parking illustrated north of the proposed building and the area around the maintenance and generator buildings, approximately 300 parking stalls are proposed. Green Space: The I-1 zoning district requires a minimum 25 percent green space. Staff estimates a majority of that would be fulfilled if the soccer fields are transitioned to the south side of the 55-acre site. Building Height: The I-1 zoning district allows a maximum building height of 40-feet, the applicant is proposing a 60-foot height. Setbacks: The I-1 zoning district requires a 40-foot setback from public right-of-way. The concept plan appears to show an approximately 50-foot setback along Blue Cross Road. Although not required within the I-1 district, additional setbacks are required for buildings that exceed the maximum building height. For example, in residential districts three additional feet of setback is required for every one-foot over maximum; within the Business Park zoning district one additional foot of setback for every one-foot over maximum. Upon review of the Planned Development, additional building setback from Blue Cross Road may be considered. The two buildings shown along Trunk Highway 13 are approximately 75-feet from the property line, which appear to meet required setbacks of 50 feet from property line, or 125 feet from centerline, whichever distance is greater. Building Architecture – The concept plan does not include building elevations. The architectural requirements for new construction buildings located 800 feet or less from county, state or federal right-of-way are at least two different Class I or Class II materials and the building be finished with: at least 65 percent Class I materials or 65 percent combination of Class I and II Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 8 materials provided not less than 35 percent is Class I materials; not more than 35 percent of Class III and Class IV materials; in no case shall Class IV materials exceed ten percent. The City Code also requires that all exterior vertical surfaces shall have an equally attractive or the same finish, any building facade exceeding 40 feet (80 feet in I-1/I-2) in width shall be designed with multiple planes, multiple sections of coordinating materials, or both, and the ground level of any three-story or taller structure shall be visually distinct from the upper stories. Landscaping/Tree Mitigation – A landscape plan is not required with the concept plan; however, the plan does illustrate potential landscaping for screening purposes, and cursory comments are provided. The Blue Cross Blue Shield property has numerous mature trees located throughout the property; tree mitigation will be a significant aspect of redevelopment. The concept appears to illustrate maintaining the existing row of trees along the BCBS side of Blue Cross Road, which would maintain some of the mature growth trees on the site. Additional landscaping appears along Trunk Highway 13 to screen the loading area and truck court. Existing mature vegetation along an undulating berm helps provide visual interest, screening, and buffering. Many of the trees along Trunk Highway 13 appear to be located within the right-of-way that contain several jogs along the north end of the site. The applicant should work with City staff and MNDOT to preserve the existing berms and landscaping to retain site screening. Grading – The west side of the site generally drains to the west, and the east side of the site drains to the regional pond to the north. Elevations range from 863 to 807. Based on the concept plan, the vast majority of the west side of the site would need to be graded to accommodate the new building, entrances, parking lots, and relocated soccer fields. The existing soccer fields would be reconstructed to accommodate a parking lot, the truck access to the rear of the building, and ponding. The new soccer fields and ponding at the south end of the site will require substantial grading to create a flat area and may require several retaining walls. No grading would occur on the east side of the site unless the proposed building is expanded. Wetlands – A wetland is located on the southern side of the western site, and a smaller wetland might exist along Trunk Highway 13. Minn. Rules Ch. 8420 (Minnesota Wetland Conservation Act) and City Code section 11.67 (wetland protection and management regulations) apply to this proposed redevelopment. The wetlands will need to be delineated by a Certified Wetland Delineator, including assessing the wetland utilizing the Minnesota Routine Assessment Method (MNRAM), for the City to determine the appropriate classification and buffers. Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 9 Water Quality – Any redevelopment will need to comply with the City’s current Post Construction Stormwater Management Requirements (City Code section 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1-inch Volume Control. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control – performance standards. They also provide for minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. The concept plan shows two stormwater ponds in the northwest portion of the site. Current requirements generally require infiltration of stormwater instead of storage in a pond, so those facilities will need to be reviewed during preparation of the civil plans. Storm Water Drainage – The majority of the site lies within Drainage District C, except the southernmost portion is located in Drainage District A (as designated in the City Storm Water Management Plan – 2007). The majority of the existing private storm sewer system will need to be relocated/redesigned to accommodate the proposed building, parking lot, entrances, and soccer fields. As mentioned in the Water Quality section of this report, any new and/or reconstructed impervious surface will require modifications to the system to improve the quality of stormwater leaving the site. Utilities – The vast majority of the existing private watermain and sanitary sewer will need to be relocated to accommodate the new use. The existing public sanitary sewer will need to be relocated from under the proposed building footprint. Streets/ Access / Pedestrian Circulation – The site is fronted by Sibley Memorial Highway (Trunk Highway 13) to the west, Yankee Doodle Road (CSAH 28) to the north, Blackhawk Road to the south, and Blue Cross Road primarily to the east. Following MnDOT’s access spacing guidelines, no access will be allowed to Trunk Highway 13. There are three existing points of access on the east side of the site that access off of Blue Cross Drive. The central access will be eliminated altogether. Two entrances would be relocated further north, one to be used as the primary truck entrance to the site. The applicant indicated all their trucks would use the entrance and would enter and leave the site to the north toward Yankee Doodle Road (not through the neighborhood to the south). A second personal vehicle parking lot entrance is proposed slightly south. The existing southern entrance would remain and serve as a parking lot loop for trucks. New access drives are shown for the new soccer field parking lot, slightly south of Ashbury Road, and a new entrance for the southernmost building is proposed onto Blackhawk Road, directly across from Jourdan Court. If possible, that access should be combined with the soccer field parking lot entrance onto Blue Cross Road. The number of parking stalls in the soccer field lot is not indicated, but the size of the lot appears small for the number of soccer fields. Trunk Highway 13 has a bituminous trail along its entire eastern boulevard except immediately adjacent to this property. Any redevelopment should include the construction of a trail to fill Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 10 this gap in the trail network. Pedestrian connections from the buildings and/or parking lots should also be made to the surrounding trail system. Easements/ Permits/ Right-of-Way – The original plat does not include any perimeter drainage and utility easements, so easements should be dedicated according to current engineering standards. The existing easement over the public sanitary sewer that runs through the proposed building footprint will need to be vacated and re-dedicated over the new alignment. Dakota County’s right-of-way needs map includes 75 feet of half right-of-way (150 feet total), and currently 125 to 145 feet of right-of-way exists, so the County will likely request additional right-of-way to be dedicated with the plat. MnDOT will also review the plat for additional right- of-way needs, and will likely require a drainage permit for any stormwater that leaves the site into MnDOT property. No additional right-of-way is required along the adjacent city streets. Parks and Trails – Based on previous staff reports, BCBS fulfilled the park dedication requirements for the residential portion of the development by dedicating the property that is now Sky Hill Park (the requirement in 1981 was 10% of residential area, which was 7.78 acres, the City had an “option” to purchase remaining 4.42 acres). The report also notes that in addition to the park land dedication, an agreement was reached to allow the community use of a portion of the corporate property as an interim use prior to its development. At the time of the 2001 report, it was assumed Phase II of the master plan would occur in 2005, displacing events and activities at the existing soccer fields south of Yankee Doodle Road. No park dedication fees were collected for construction of the Delta Dental building (1998) or the daycare building (2004). The report goes on to note that internal trails would be available for community use as early as Phase I (est. 2003). A trail was planned as part of the proposed realignment of Blue Cross Road. However, the Preliminary Planned Development approved in 2002 illustrates a new road, Blue Cross Parkway, that would loop east of the Delta Dental building north, eventually reconnecting at Blue Cross Road. A trail plan illustrates a future public trail to be constructed parallel to the road, neither the road nor trail were constructed. As previously noted, the applicant suggests relocating the soccer fields from the north to the south end of the site, directly across from Sky Hill Park for continued use by the City. The applicant’s narrative does not detail the arrangement with the City other than that “[We] would ensure that the newly located soccer fields remain available to the public”. A parking lot is also illustrated near the fields, it appears to accommodate approximately 140 to 150 vehicles. Staff will need to complete additional research to conclude if both park and trail dedication has previously been satisfied or if additional dedication is required. (see below Trail Plan part of 2003 PD Agreement) Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 11 SUMMARY The applicant is seeking City Council discussion regarding the proposed concept plan and potential Comprehensive Guide Plan Amendment request to reguide the subject property from MO, Major Office to IND, Industrial to construct a 460,000 square foot warehouse and distribution facility on approximately 55-acres. The Comprehensive Plan currently relegates Industrial land uses to the west side of Trunk Highway 13, utilizing the road and right-of-way to create separation from nearby residential land uses. The proposal would involve the demolition of the existing 190,000 square foot Blue Cross Blue Shield building that was originally constructed in 1969. The proposed 60-foot tall warehouse building would sit atop the site nearer Blue Cross Road. The entire site likely would be disturbed to accommodate such a large structure and the warehouse/distribution use of the site. The applicant proposes new access drives on the north side of the site to minimize traffic conflicts with residential property located closer to Blackhawk Road and Ashbury Road. The applicant is proposing to relocate the long-used soccer fields on the north end of the site to the south end of the property, across from Sky Hill Park. The City and BCBS had an agreement, formalized through yearly use agreements, to utilize the space for youth soccer and/or other community events. Planning Report – 3535 and 3545 Blue Cross Road September 7, 2023 Page 12 ACTION TO BE CONSIDERED No formal action shall be taken. The purpose of this process is to provide an opportunity for an informal conversation between a proposer and City Council. Council may ask questions and voice personal concerns regarding the concept as presented but should abstain from voicing support or nonsupport of the request. Agenda Information Memo September 12, 2023 Special City Council Workshop V. Residential Programs and Emergency Shelters Direction for Consideration: Provide direction to staff for proposed City Code amendments to Chapter 11 regarding Residential Programs and Emergency Residential Shelters Background The City has recently been approached regarding two similar land uses that are not specifically addressed within the Zoning Code – a privately operated Intensive Residential Treatment Service (IRTS) facility and a County operated emergency shelter. At a July 2023 Listening Session, staff provided information regarding a proposal to construct a 16-unit IRTS facility and its conformance to a Residential Program, as defined in the Code. The privately operated IRTS facility would provide community-based, medically monitored mental health rehabilitation/habilitation services with stays of no more than 90 days. Clients are provided sleeping and bathroom facilities within each unit and a centralized kitchen for food service. Facilities are licensed through the Minnesota Department of Public Health. Council ultimately requested that staff provide additional information on IRTS facilities and potential City Code amendments. The County is planning a 40-bed congregate care facility that would provide private sleeping arrangements and include shared dining and living areas. The facility will serve both single adults and couples, with priority going to older and vulnerable adults and will focus on transitioning guests to stable housing. The County is also considering providing 15 additional beds at the same location for seasonal shelter. The facility would include private sleeping and storage areas with shared bathrooms, dining, and living areas. The County currently provides 110 beds across three shelter providers. Dakota County has reached out to the city regarding potential locations for a County operated emergency shelter. Although a site has not been identified, the Zoning Code does not specifically address this type of service facility. Because the two uses have similarities involving temporary housing, which does not meet the definition of dwelling unit in Code, and would provide mental and social services to those in need, both are being considered as part of this discussion. Two City Code definitions closely align with either or both of these uses, but cannot be fully applied due to certain restrictions: o Community service operation means a not for profit function or program designed to provide a contribution to the welfare of others. The definition is limited to “not for profit” programs, and is allowed only as an accessory use when associated with a church, which apply in the Public Facilities (PF), Limited Business (LB), and Park (P) zoning districts. Several churches within Eagan participate/participated in a revolving emergency shelter program. o Residential program means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner of human services, to provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner of human services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under Minn. Stats. 1998, chapter 245B. Residential programs include home and community-based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home. The land use is defined in Code, but the use is not specifically listed within any of the zoning districts. State Statutes require cities to allow these facilities within all residential zoning districts, serving six or fewer persons. The existing definition of Residential Program does not fully reflect IRTS and other treatment facilities and uses terms that have become outdated. The City of Eagan has three facilities that provide emergency housing services: o The Lincoln House, a youth housing program owned by the Dakota County CDA. The use was reviewed and approved through a Planned Development. o Robert Lewis House, a women’s shelter that is owned and operated by 360 Communities. The use was approved in 1985 through a conditional use permit within the Limited Business (LB) zoning district. o Dakota Woodlands (previously known as Mary’s Shelter) provides services for displaced families (women and children), including connecting them with service providers for transportation, medical and social services, and finding permanent housing. A conditional use permit was approved in 1997, although the facility had operated at that location since 1995. The property is also zoned Limited Business (LB). Residential Programs (IRTS) Findings Staff researched other communities regarding allowances of residential programs that are monitored and licensed by the State of Minnesota. The communities included Dakota County cities, in addition Bloomington, Golden Valley, Maple Grove, Minnetonka, Minneapolis, Plymouth, Roseville, Savage, Shakopee, St. Paul, and Woodbury. An Intensive Residential Treatment Service facility generally falls under a type of Residential Program defined in State Statutes. However, IRTS is specific type of residential program that is designed to meet the needs of individuals who require more intensive mental health services than those provided in traditional residential programs. The State provides the following definition for IRTS facilities: Intensive Residential Treatment Services (IRTS) are time-limited mental health services provided in a residential setting. Recipients of IRTS are in need of more restrictive settings (versus community settings) and at risk of significant functional deterioration if they do not receive these services. IRTS are designed to develop and enhance: psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live in a more independent setting. Most communities address State-licensed “Residential Programs” by differentiating programs having 6 or less persons and programs serving up to 16 persons. Some cities have also included allowances of programs having more than 16 persons. Under State Statutes communities are required to allow Residential Programs (sometimes also referred to as Residential Care facilities) serving up to six residents. Communities on the research list all allow State-licensed residential programs or facilities serving 6 or fewer residents as a permitted use within all residential zoning districts. Staff found that most communities direct State-licensed residential facilities serving 7 to 16 persons within medium to higher density zone districts, although some cities do allow them within certain non-residential districts or public/institutional zoning districts. Attached is a chart of the communities that were surveyed. An IRTS facility was approved by the City of W. St. Paul adjacent the West Service Center utilizing R-3 (Townhome) zoning. The facility will be owned by Dakota County CDA and leased to a private operator (Guild Inc.). In Savage, the City approved a 16-bed IRTS facility (also operated by Guild Inc.) in the downtown area using Planned Development zoning. Photos of IRTS facility in Savage. Emergency Housing / Shelters Staff researched the same communities for emergency housing or shelter facilities. Staff included many Dakota County communities including Apple Valley, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount, and West St. Paul. Other communities outside of the County included Bloomington, Golden Valley, Maple Grove, Minnetonka, Minneapolis, Plymouth, Roseville, Savage, Shakopee, St. Paul, and Woodbury. Emergency shelters and emergency housing are two different types of temporary housing options for people who are experiencing homelessness in Minnesota. Emergency shelters are typically short-term housing options that provide a safe place to sleep, food, and other basic necessities for people who are experiencing homelessness. Emergency housing, on the other hand, is a longer-term housing option that provides more comprehensive services to help people transition out of homelessness and into permanent housing. Westcott Woodlands is an example of emergency housing that is provided for women and children within Dakota County. Dakota County’s facility appears to be offering both emergency housing (approximately 40 beds) and emergency shelter (approximately 15 seasonal beds) as part of its program. Staff found that some communities, including Plymouth and Richfield, have allowed smaller residential shelters, serving up to sixteen (16) persons through review of a conditional use permit, in most residential zones. Other findings include: o Lakeville allows Residential Shelters in some of its residential zoning districts through the review of an interim use permit. o Plymouth allows residential shelters through review of a conditional use in all residential zoning districts, future restricted development (FRD), and the public- institutional (P-I) zones. o Richfield has two shelter designations. Emergency shelters serving no more than 16 persons may be allowed through conditional use permit within all residential zoning districts. Emergency shelters with no limit on number of persons are conditional in the General Commercial (C-2) zone. o St. Paul differentiates between emergency housing facilities that provide housing for those in need for periods of up to 90 days as permitted uses in many of its residential zoning districts. Whereas homeless service facilities, which generally provide services including meals, are conditional and limited to transitional and commercial zoning districts. Additional Considerations State Statutes allow for Residential Program facilities to have a minimum separation of 1,320 feet between facilities. In certain situations, cities may allow facilities that do not meet that spacing requirement through review of a conditional use permit. Policy Questions 1. Should the definition of Residential Program be amended to align with State Statute definitions and to include IRTS and treatment facilities for up to 16 people? a. Does Council support allowing Residential Program facilities serving up to 16 persons in medium (R-3) and high (R-4) density zoning districts, similar to other communities, as a conditional use? b. Should facilities of that size be placed in commercial zoning districts such as Limited Business (LB) or similar? 2. Should the zoning code be amended to include a definition of emergency shelter facilities? Based on the County proposal of a 40-bed facility, and possibly an additional 15 beds during extreme weather, is the Council supportive of limiting emergency shelter facilities to only commercial zoning districts? 3. The Public Facilities zoning district is generally reserved for government buildings or operations. However, privately operated facilities such as schools, hospitals and churches are also allowed. Would Council support Residential Program facilities or emergency shelter facilities in this zoning district? Attachments (1): V-1 Presentation Discussion on Residential Programs and Emergency Shelters September 12, 2023 Residential Programs and Emergency Shelters •July 2023 Listening Session, •16-unit IRTS facility. Clients provided sleeping and bathroom facilities, centralized kitchen for food service. •Dakota County planning 40-bed congregate care facility •Would provide private sleeping arrangements, shared dining and living areas. •A final location has yet to be determined. •Because the two uses have similarities involving temporary housing, and provide services to those in need, both are being considered as part of this discussion. The communities included Dakota County cities: •Lakeville •Burnsville •Apple Valley •Farmington •Rosemount •Mendota Heights •West St. Paul Other Communities: •Bloomington •Golden Valley •Maple Grove •Minnetonka •Minneapolis •Plymouth •Roseville •Savage •Shakopee •St. Paul •Woodbury Researched Communities Residential Programs Findings •City defines “Residential Program”, but not listed in any zoning districts •Intensive Residential Treatment Service facilities fall under Residential Programs as defined in State Statutes. •IRTS is type of residential program designed to meet the needs of individuals who require more intensive mental health services •Most communities follow State Statutes for “Residential Programs” •Programs with 6 or less persons •Programs serving up to 16 persons •Some cities have also address programs having 16+ persons •Residential Programs serving 7 to 16 •Medium to higher density zone districts through CUP •Some cities allow in non-residential districts o Commercial, transitional & public/institutional zoning districts Residential Programs Findings •Residential Programs serving 1 to 6 persons •Most residential zone districts •State requires cities allow up to 6 in residential zone districts unless specified Recommended Zoning Districts for:A ( A g r i c u l t u r e ) E ( E s t a t e ) R- 1 ( R e s i d e n t i a l S i n g l e ) R- 1 S ( R e s . S i n g l e S m a l l L o t ) R- 2 ( R e s i d e n t i a l D o u b l e ) R- 3 ( R e s i d e n t i a l T o w n h o u s e ) R- 4 ( R e s i d e n t i a l M u l t i p l e ) R- 5 ( M a n u f a c t u r e H o m e P a r k ) LB ( L i m i t e d B u s i n e s s ) NB ( N e i g h b o r h o o d B u s i n e s s ) GB ( G e n e r a l B u s i n e s s ) CS C ( C o m m u n i t y S h o p p i n g C e n t e r ) I- 1 ( L i m i t e d I n d u s t r i a l ) I- 2 ( G e n e r a l I n d u s t r i a l ) RD ( R e s e a r c h a n d D e v e l o p m e n t ) BP ( B u s i n e s s P a r k ) PD ( P l a n n e d D e v e l o p m e n t ) P ( P a r k ) PF ( P u b l i c F a c i l i t i e s / I n s t i t u t i o n a l ) CG D ( C e d a r G r o v e D i s t . ) T ( T r a n s i t i o n a l ) State-licensed residential facility serving six or fewer persons P P P P P State-licensed residential facility serving 16 or fewer persons C C C PD/A C Emergency Shelters serving no more than 16 persons C C PD/A C Emergency Shelters - no more than 75 beds C C PD/A C Notes and comparable uses regarding Residential Facilities R-4 - P: Multi-family buildings LB - P: Institional uses; CUP: nursing homes, retirement homes, etc NB - CUP Uses: Daycares, nursing homes, retirement homes or hospitals for human care, and day care centers PD - PD or Amendment to allow public hearing, similar to CUP process PF - P: Hospital and schools; CUP: Daycares associated with churches Notes and comparable uses regarding Emergency Shelters LB - P: Institutional uses; CUP: Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers Also have historically used LB for other like facilities (i.e. Lewis House, Westcott Woodlands) BP - CUP: Hotels and motels PD - PD or Amendment to allow public hearing, similar to CUP process •Emergency shelters and emergency housing are two different types of temporary housing •Emergency shelters: short-term housing providing safe place to sleep, food, and other basic necessities for people who are experiencing homelessness. •Emergency housing: longer-term housing option providing comprehensive services to transition out of homelessness and into permanent housing ➢Westcott Woodlands is an example of emergency housing that is provided for women and children within Dakota County. Emergency Shelter Findings Emergency Shelter Findings •Lakeville allows Residential Shelters in select residential zoning districts through interim use permit. •Plymouth allows residential shelters through review of a conditional use in all residential zoning districts, and the public -institutional (P-I) zones. •Richfield has two shelter designations. •Emergency shelters serving no more than 16 persons –CUP within all residential zoning districts. •Emergency shelters with no limit –CUP in General Commercial (C-2) 1.Should the definition of Residential Program be amended to align with State Statute definitions and to include IRTS and treatment facilities for up to 16 people? a.Does Council support allowing Residential Program facilities serving up to 16 persons in medium (R-3) and high (R-4) density zoning districts, similar to other communities, as a conditional use? b. Should facilities of that size be placed in commercial zoning districts such as Limited Business (LB) or similar? Policy Questions 2. Should the zoning code be amended to include a definition of emergency shelter facilities? Based on the County proposal of a 40-bed facility, and possibly an additional 15 beds during extreme weather, is the Council supportive of limiting emergency shelter facilities to only commercial zoning districts? 3.The Public Facilities zoning district is generally reserved for government buildings or operations. However, privately operated facilities such as schools, hospitals and churches are also allowed. Would Council support Residential Program facilities or emergency shelter facilities in this zoning district? Policy Questions Agenda Info Memo September 12, 2023 City Council Workshop VI. PROPOSED CANNABIS POLICY Action for Consideration: Discuss ordinance amendment to Eagan City Code Chapter Ten entitled “Public Protection, Crimes and Offenses” by adding section 10.61 regarding cannabis use within public property and public places and by adopting by reference Eagan city code chapter 1 and section 10.99. Facts: ➢ Minnesota Legislature recently approved the enactment of Chapter 341 of Minnesota Statutes which provides for the regulation of adult use cannabis. ➢ While the Legislature identified spaces where cannabis use is legal, it abstained from identifying spaces where cannabis use is not legal. The decision whether to restrict use in public places and on public property falls to cities. ➢ Public spaces include sidewalks, trails, athletic fields, playgrounds, open spaces, and parking lots. ➢ The City recognizes that the intent of this legislation is to decriminalize the use of cannabis in Minnesota. The proposal to approach cannabis like alcohol and tobacco respects this intent while addressing other considerations such as public intoxication, underage exposure, and smoke nuisance. ➢ Staff considered identifying specific public spaces, recreation areas, and facilities where cannabis use might be allowed, or alternatively specifying where it should be restricted, but determined that existing ordinances regarding alcohol and tobacco suffice for this purpose. ➢ Although staff evaluated options for an ordinance amendment that would treat cannabis smoke like tobacco smoke and intoxication like alcohol use, this draft ordinance prohibits cannabis use in public spaces. This approach is consistent with many cities across Minnesota. ➢ Violation of this ordinance is penalized as a petty misdemeanor. The intent for law enforcement will be to inform and educate before enforcing. ➢ Regarding the separate issue of zoning and cannabis sales, Eagan City Council held a public hearing and approved an ordinance amendment to City Code Chapter 12 regarding a moratorium for the study of restrictions on the establishment or operations of cannabis businesses, which ends January 1, 2025. Attachments: (1) Draft ORDINANCE Amendment Sec. 10.61 Cannabis Prohibited Use ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY ADDING SECTION 10.61 REGARDING CANNABIS USE WITHIN PUBLIC PROPERTY AND PUBLIC PLACES AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10.61 to read as follows: Section 10.61. Cannabis Use Prohibited. Subd. 1. Definitions. For purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Public place means property or premises thereon that is generally open to or accessible by the public, except on those premises licensed by the State of Minnesota to permit on-site consumption. Public property means property, real and personal, that is owned, managed, or controlled by the City, including, but not limited to: City buildings and all the land thereon, parking lots, parks, pathways and trails, and city rights-of-way consisting of both the traveled portion and the abutting boulevard, sidewalks and trails, and any City personal property, such as motor vehicles, city equipment, and the like. Cannabis flower, Cannabis products, Lower-potency hemp edibles, and Hemp- derived consumer products shall have the meanings as defined in Minn. Stat. §342.01 (enacted under Minnesota Laws 2023). Subd. 2. Prohibition. No person shall use cannabis flower, cannabis products, lower- potency hemp edibles, or hemp-derived consumer products within public property or in a public place. Subd. 3. Penalty. A violation of this Section is a petty misdemeanor. Section 2. Eagan City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including ‘Penalty for Violation’” and Section 10.99 entitled “Violation of a Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim. 2 Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: ____________________________ By: _____________________________ Elizabeth VanHoose Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: