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03/16/2004 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING March 16, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE H. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS fii? A. Dave Fritzie - Presentation Regarding Football Boosters Club Phosphorus Free Fertilizer Sale IV. CON SENT AGENDA /P3 A. APPROVE MINUTES ?p /O B. PERSONNEL ITEMS / C. REGISTERS CHECK / W/,1.D. APPROVE Change in Management on Liquor License at Parkview Golf Club P/3 E. AUTHORIZE Distribution of Request for Proposal for Sale of City Property at the Northwest corner of Highway 3 and Diffley Road. n?6 F. RECEIVE Final Assessment Roll and set Public Hearing for Project 851 (Town Center Area -Access Management and Street Improvements) .77G. RECEIVE Final Assessment Roll and set Public Hearing for Project 882 (Crestridge Lane - Street Overlay) H. APPROVE Plans and Specifications and Authorize the Advertisement for Bids for Contract 03-12 (TH 13 and / Silver Bell Road - Intersection Reconfiguration) Q ?9 I. APPROVE Fire Department Grant Request to the Assistance to Firefighters Grant (AFG) program / 3O J APPROVE Grant submission for DNR OR and authorize Mayor's signature on resolution ? / 31 K. APPROVE Contract with Lifeworks and Authorize Mayor's Signature L. APPROVE Agreement for providing electrical hook up: East Thomas Lake N APPROVE creation of Technology Task Force Committee charge and timeline . AUTHORIZE staff to hire a wireless broadband consultant not to exceed $30-$50,000 P P t„t.4t O. APPROVE Plans and Specifications for the Central Park Festival Grounds electrical system and direct staff to obtain quotes for implementation 1?C?9 P. APPROVE an amendment to the minutes of the December 8, 2003 City Council Workshop. V. PUBLIC HEARINGS A. VARIANCE - Jason and Laurie Fink - A Variance request of 1 percent to the maximum building lot coverage requirement for an addition on Lot 9, Block 1, Vienna Woods, located at 2083 Pin Oak Drive in the NE V, of Section tl, B. 31. VARIANCE - Manley Brothers Construction - A Variance to exceed lot coverage limits established by the Planned r Development Agreement for Centennial Ridge for Lots 3, 6, and 11, Block 1, and Lots 1-7, Block 2, Centennial Ridge, located on the east side of Johnny Cake Ridge Road on Marina Lane in the NW '/4 of Section 28. C. RIGHT OF WAY VACATION - Vacation of public right-of-way on Dodd Road TO D. PROJECT 877 - Lexington Avenue, Trunk Highway 55 to Lone oak Road (Street, Utility and Trail Improvements) A',?E. P_ PROJECT 790R (Central Parkway - Streets and Utilities), Final Assessment Hearing VI. OLD BUSINESS $? A. PRELIMINARY SUBDIVISION, Lexington Ridge - Millerville, Inc. - 17 lots and a Preliminary Planned Development to allow townhome on property located at 4225 Lexington Way South in the NE 1/4 of Section 27. V (53 B. ADOPT Findings of Fact for Denial for a Conditional Use Permit and Variance - Cedarvale Business Center VII. NEW BUSINESS JD A. ORDINANCE AMENDMENT - Chapter 10, Section 10.01, "Storage, Deposit and Disposal of Refuse" B. P b CONDITIONAL USE PERMIT - Midwest Tile Marble & Granite - A Conditional Use Permit to allow outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road in the SW '/4 of Section 12. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA X. ECONOMIC DEVELOPMENT AUTHORITY XI. OTHER BUSINESS XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT 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. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 12, 2004 SUBJECT: AGENDA INFORMATION FOR MARCH 16, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 16, 2004 City Council agenda, the following items are in order for consideration. Agenda Memo March 16, 2004 III. RECOGNITIONS AND PRESENTATIONS A. PRESENTATION / DAVE FRITZIE - EHS HEAD FOOTBALL COACH At the direction of the City Council, efforts are being made to educate the community on the importance of using phosphorus-free lawn fertilizer. For the past several years, the Eagan Football Booster Club, who sell lawn fertilizer as a fundraiser, have sold phosphorus-free fertilizer. Water Resource Coordinator Macbeth contacted Mr. Fritzie to see if he would appear before the Advisory Parks and Recreation Commission at their meeting on Monday, March 15, and share his plans to promote and sell the phosphorus- free fertilizer as part of their booster club fundraising efforts. The City Administrator spoke with Mr. Fritzie and suggested that he appear for a few minutes under the Presentation portion of the City Council agenda and share the same comments at the City Council meeting as a public announcement. Our thanks to the booster club for their partnership in the City's effort to educate our residents on the environmental sensitivity of using phosphorus-free lawn fertilizer. C::?,- Agenda Information Memo March 16, 2004 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 March 1, 2004 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 1, 2004 regular City Council meeting are enclosed on pages Lf through -q--- '9 CRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 1, 2004 A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, March 1, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that a resolution in support of state funding toward open space preservation would be added under Legislative / Intergovernmental Affairs Update. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CEDAR AVENUE CORRIDOR TRANSITWAY STUDY UPDATE Gene Frachett, Project Manager for Dakota County and Rick Nau of URS Corporation made a presentation regarding the Cedar Avenue Corridor Transitway Study. CONSENT AGENDA Items B. 5. and L were pulled for discussion. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approved the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 17, 2004 regular meeting, the February 17, 2004 Listening Session, the February 10, 2004 special Council meeting and the February 24, 2004 special Council workshop/retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Elizabeth Aloe as a part-time seasonal basketball scorekeeper. 2. It was recommended to accept the letter o resignation from Greg Lerner, Utilities Maintenance Worker. 3. It was noted that Donald Swanson has been hired as the full-time custodian at the Community Center. (Direction was given at the February 17, 2004 meeting) 4. It was recommended to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Richard Martinek due to failure to meet attendance requirements. 5. Pulled C. Check Registers. It was recommended to ratify the check registers dated February 19, 2004 and February 26, 2004 as presented. D. 2003 General Fund Budget Adjustments. It was recommended to approve the 2003 General Fund Budget adjustments related to Police contractual security and State aid revenue reductions as outlined in staff's memo of February 12, 2004. 1? Eagan City Council Meeting Minutes March 1, 2004 Page 2 DRAFT E. Tax Forfeited Parcel. It was recommended to approve the reconveyance of tax forfeit parcel 10-32990-020- 00 (Outlot B, Hills of Stonebridge) to the State of Minnesota. F. Tax Forfeited Parcel. It was recommended to approve the reconveyance of tax forfeit parcel (10-47752- 120-02), North Half of Lot Twelve, Block Two, McKee 3`d Addition to the State of Minnesota. G. Tax Forfeited Parcel. It was recommended to approve the new use of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1 Barton McGray Addition. H. Tree Contractor Licenses. It was recommended to approve Tree Contractor Licenses for Tree Tech, Inc. and Wright Tree Service. 1. Tobacco License. It was recommended to approve Tobacco Licenses for Cedar Grove Shell and Crowne Plaza. J. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 6.48 regarding the Licensing of Commercial Fertilizer Applicators. K. Premise Permit. It was recommended to approve Resolutions for Premise Permit Renewals for the Lions Club to operate pulltab operations at Cedarvale Bowl and Al Bakers Restaurant. L. Contract 04-03. Pulled. M. Project 790R. It was recommended to receive the Final Assessment Roll for Project 790R (Central Parkway - Street & Utility Improvements) and schedule a public hearing to be held on March 16, 2004. N. Change Order #17. It was recommended to approve change order #17 to the Eagan Community Center in the total amount of $11,087.00. 0. Final Plat. It was recommended to approve a Final Plat (Woodstone Townhomes 2nd Addition) to adjust a property line for Lots 7 and 8, Block 1, Woodstone Townhomes. P. Contract 01-12. It was recommended to approve the final payment for contract 01-12 (July 2000 Storm Mitigation Improvements) in the amount of $38,134.03 to Barbarossa and Sons, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Q. Consumption and Display (Set Up) Permit. It was recommended to approve the renewal of a Consumption and Display (Set Up) Permit application for Grand India Restaurant located at 1260 Town Centre Drive. B. 5. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue, to the March 16, 2004 Council meeting, the receipt of the decision of the independent hearing officer regarding the termination from membership in the Volunteer Fire Department of Todd Sutter, and (2) to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership in the Volunteer Fire Department of Fire Fighter Todd Sutter due to failure to meet attendance requirements. Continue to March 16, 2004 - Maguire - Tilley L. Contract 04-03 . Councilmember Carlson asked for clarification regarding this item. Councilmember Carlson moved, Councilmember Tilley seconded a motion to award Contract 04-03 (Coachman Land Co./Century Point/Donald Court/Terminal Drive/Borchert Lane - Street & Utility Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $478,892, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 859, TH 55/LEXINGTON AVE/BLUE GENTIAN ROAD INTERSECTION RECONFIGURATION City Administrator Hedges introduced this item regarding the intersection reconfiguration of Trunk Highway 55/Lexington Avenue/Blue Gentian Road. Public Works Director Colbert gave a staff report and introduced Jupe Hale, of WSB & Associates who made a presentation. Mayor Geagan opened the public hearing. Three residents spoke in opposition to the proposed project. One resident spoke in favor. 5 Eagan City Council Meeting Minutes March 1, 2004 Page 3 DRAFT There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Council asked that Public Works Director Colbert discuss the lane configuration. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 859 and authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, an the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE - TH 55 TO LONE OAK ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street, utility and trail improvements for Lexington Avenue, Trunk Highway 55 to Lone Oak Road. Public Works Director Colbert gave a staff report. Jupe Hale of WSB & Associates made a presentation. Mayor Geagan opened the public hearing. Seven residents spoke in opposition to the proposed project, raising various issues of concern. Dave Zeck and Tom Anton, Dakota County Transportation Department, addressed the issues raised by the residents. City Administrator Hedges and Administrative Services Director VanOverbeke addressed questions regarding assessments. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmembers held a discussion. Councilmember Fields moved to deny Project 877. A second to the motion was not made. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of Project 877 to the March 16, 2004 City Council meeting. Aye: 2 Nay: 3 Geagan, Tilley and Maguire opposed. Motion failed. Further discussion was held. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility & Trail Improvements) and authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 3 Nay: 2 Carlson and Fields opposed. Motion failed. Further discussion was held and Councilmembers agreed to request further information from Dakota County. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of Project 877 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street, Utility & Trail Improvements) to March 16, 2004. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER City Administrator Hedges provided brief background information regarding a request for a rezoning, preliminary subdivision and preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way. This issue was continued from the February 3, 2004 Council meeting. Community Development 6 Eagan City Council Meeting Minutes March 1, 2004 Page 4 DRAFT Director Hohenstein provided an update regarding access from Diffley Road and access through the Lexington/Diffley Park. City Planner Ridley provided an overview of the application. Three residents spoke expressing opposition to the rezoning of the property. Councilmembers and staff held a discussion regarding access options to the property. It was agreed to continue consideration of the item to allow the applicant time to present plans showing access along the perimeter of the park property around the water tower and maintenance building. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of a rezoning, preliminary subdivision and preliminary planned development for 17 lots and 16 townhome units for property located at 4225 Lexington Way. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCE - REALTY DESIGNS INC. City Administrator Hedges provided background information regarding this request for a Conditional Use Permit for a pylon sign and a variance of ten feet to he sign setback requirement for property located at 3902-3938 Cedar Grove Parkway. This item was last considered at the January 6, 2004 City council meeting. City Planner Ridley provided an update regarding a revised sign design submitted by the applicant. Director of Public Works Colbert explained the need for the construction easement and the impact to the applicant's parking lot. Mr. Colbert also explained the increased easement and expense to lower the elevation of the parking lot as proposed by the property owner. John Fitzgerald stated he is willing to allow construction easements on his property for the installation of a trail system proposed for Cedar Grove Parkway, however is not in agreement with the possibility of losing existing parking stalls and disrupting the circulation of traffic through his property. He stated the parking lot is in good repair and he would not be interested in participating in the cost of his preferred design. Councilmembers stated their regret wit the stalemate. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct the preparation of Findings of Fact for Denial of a Variance of ten feet to the sign setback requirement, for property located at 3902-3938 Cedar Grove Parkway. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - SOWLES PROPERTIES City Administrator Hedges stated that the applicant has withdrawn the application for this Conditional Use Permit. Councilmember Maguire moved, Councilmember Fields seconded a motion to acknowledge the withdrawal of a Conditional Use Permit application by Sowles Properties. Aye: 5 Nay: 0 NEW BUSINESS City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a dental clinic within a Business Park Zoning at property located on Lot 1, Block 2, Lexington 2nd Addition. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a dental clinic within a Business Park Zoning, at property located on Lot 1, Block 2, Lexington 2nd Additions, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 7 Eagan City Council Meeting Minutes DRAFT March 1, 2004 Page 5 2. All signage is subject to the City's Sign Ordinance. 3. The trash enclosure shall be constructed of materials to match the principal building. 4. Site development shall be in accordance with the Site Plan dated 1/21/04. 5. The building design shall be in accordance with the Exterior Elevation Plan dated 1/21/04. PLANNED DEVELOPMENT AMENDMENT - SILVER BELL COMMONS City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow limited retail sales, at property located at 2015 Silver Bell Road. City Planner Ridley gave a staff report. The applicant made a brief presentation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow limited retail sales, at property located at 2015 Silver Bell Road, subject to the following conditions: Aye: 5 Nay: 0 The Planned Development Amendment Agreement must be singed and recorded. The retail use shall only be in areas designated on the site plan received January 21, 2004. Within the designated area, no single tenant space shall have more than 25 percent of the lease space devoted to retail sales. The retail use shall be limited to 12.5 percent of the entire building. signage is limited to the sign criteria as depicted on sign Exhibit B. All other conditions of the original Planned Development apply. No window signage will be allowed. LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a proposed resolution in support of State funding towards open space preservation. Councilmember Tilley moved, Councilmember Maguire seconded a motion to adopt a Resolution in Support of State Funding Appropriations Towards Open Space Preservation. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting and immediately convene a meeting of the Economic Development Authority at 10:30 p.m. Councilmember Fields moved, Councilmember Maguire seconded a motion to reconvene the regular City Council meeting at 10:33 p.m. OTHER BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, NORTHEAST EAGAN REDEVELOPMENT DISTRICT, MARY IMRE/TMI COATINGS PROPERTY, 2805 AND 2809 DODD ROAD, AND RELATED STIPULATIONS AND RELOCATION AGREEMENTS Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of a Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/Tmi Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements to the March 16, 2004 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 1, 2004 Page 6 There were no visitors who wished to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:35 p.m. Date 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) 675-5000, (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. 9 Agenda Information Memo March 16, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. /0 Agenda Information Memo March 16, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 4, 2004 and March 11, 2004 as presented. ATTACHMENTS: Check registers dated March 4, 2004 and March 11, 2004 are enclosed without page number. Agenda Memo March 16, 2004 CONSENT AGENDA: D. APPROVE CHANGE IN MANAGEMENT ON LIQUOR LICENSE AT PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve a change in management on the liquor license for Parkview Golf Club located at 1310 Cliff Road. FACTS: A change in management has occurred at the above referenced location. The new manager of Parkview Golf Club, Jesse Malsom, has completed the necessary forms and paid the appropriate investigation fee. The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. /c? Agenda Information Memo March 16, 2004 Eagan City Council Meeting Consent E. AUTHORIZE DISTRIBUTION OF REQUEST FOR PROPOSAL FOR SALE OF CITY PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 3 AND DIFFLEY ROAD ACTION TO BE CONSIDERED: To authorize distribution of a request for proposal for sale of City property at the northwest corner of Highway 3 and Diffley Road. FACTS: The City acquired property located at the northwest corner of TH 3 and Diffley Road in 1994 for right-of-way and ponding purposes. The 12-acre site is unplatted and is partially improved with dual cell storm water ponds. The ponds were constructed over the western two-thirds of the parcel. The remaining residual (approximately 2.7 acres) adjacent to the corner of Highway 3 and Diffley Road has been graded to accommodate future development. Access to and from the subject parcel will be limited to a location on Diffley Road opposite Hawthorne Woods Drive. In November of 2002, the City approved a rezoning of the property from agricultural to a neighborhood business. The City Council also directed the City Attorney's office to record a Declaration of Restrictions and Covenants that prohibited certain uses on the property, notwithstanding the neighborhood business zoning designation. The City Council has declared the site to be excess property and has directed the preparation of a request for proposal to sell the property. The RFP requires the Buyer to identify its proposed use for the property. The sale price for the property is one factor that will be considered by the City, however, the proposed use, building design and developer qualifications will also be considered. ATTACHMENTS: • Draft RFP and attachments on page • Site map on page _? '?? 13 REQUEST FOR PROPOSALS/STATEMENT OF QUALIFICATIONS The City of Eagan seeks a Request for Proposals/Statement of Qualifications concerning the acquisition and development of approximately 12 acres located at the Northwest intersection of County State Aid Highway No. 30 (Diffley Road) and State Trunk Highway 3 in the Southeast Quarter of Section 24, Township 27, Range 23. 1. BACKGROUND/HISTORY. The City acquired the subject parcel in 1994 for right-of-way and ponding purposes. The 12- acre site is unplatted and serves as duel cell storm water ponds. The related ponds are critical for flood control as part of the City's storm water management plan for this area of the community. Due to elevation changes across the entire parcel, the ponds were constructed over the western two-thirds of the parcel. The remaining residual (approximately 2.7 acres) adjacent to the corner of Highway 3 and Diffley Road has been graded to accommodate future development. Access to and from the subject parcel will be limited to Diffley Road only at a location opposite Hawthorne Woods Drive, with no direct access allowed from Highway 3. In November of 2002, the City approved a rezoning of the property from agricultural to a neighborhood business. The permitted uses per the City Code for properties zoned "Neighborhood Business District" are as shown on the attached Exhibit "A." The City Council also directed the City Attorney's office to record a Declaration of Restrictions and Covenants that prohibited certain uses on the property, notwithstanding the neighborhood business zoning designation. Attached hereto as Exhibit "B" is a copy of the Declaration of Restrictions that was filed with the Dakota County Recorder. These restrictions and covenants run with the land and are binding upon all successors-in-title and may not be terminated absent approval by the City. Through this request, the City desires to sell the property and further requires the Buyer to identify its proposed use for the property. The sale price for the property is one factor that will be considered by the City, however, the proposed use, building design and developer qualifications will also be considered. The terms of the sale are set forth in the attached Purchase Agreement. City Code requires that the property must be platted prior to the issuance of a building permit. All platting costs will be the responsibility of the Buyer. II. SUBMISSION REQUIREMENT. If you are interested in submitting a proposal to the City, you must do the following: A. The attached Purchase Agreement must be executed and the proposed purchase price must be completed in paragraph 1. Finally, the Purchase Agreement must be accompanied by a cashier's check or certified funds representing 10% of the proposed purchase price. The Purchase Agreement together with the cashier's check or certified funds must be delivered to Eagan City Hall, 3830 Pilot Knob Road, no later than 4:00 p.m., Tuesday, April 20, 2004; B. Provide a summary of the proposed use for the property and a concept site plan. You should include illustrations of the proposed structure as well as an identification of the structure's exterior materials; and C. Provide a statement of your qualifications as the developer of the property. Questions concerning this proposal should be directed to: Jon Hohenstein, Community Development Director Eagan City Hall 3830 Pilot Knob Road Eagan,.MN 55122 Phone: (651) 675-5653 The City Council reserves the right to object any and all proposals, to waive irregularities and any informalities and further reserves the right to approve the purchase agreement that is in the best interest of the City. 2 /S' PURCHASE AGREEMENT The undersigned, hereinafter referred to as "Buyer", hereby agrees to purchase from the CITY OF EAGAN, hereinafter referred to as "Seller", interest in real estate legally described as follows: The South four hundred eighty-four and twenty-nine hundredths (484.29) feet of the East '/2 of the Southeast'/4 of Section 24, Township 27 North, Range 23 West lying West of the westerly right-of-way line of State Trunk Highway No. 3, EXCEPT that part designated as Parcel 5 on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 136 on file and of record in the office of the Dakota County Recorder (hereinafter called "Property") upon the terms and conditions hereinafter set forth: Purchase Price. The purchase price for the Property shall be Dollars ($ 2. Payment of Purchase Price. Buyer has provided Seller with ten percent (10%) of the above purchase price, which will be applied toward the purchase price at the time of closing, but retained by Seller as liquidated damages in the event Buyer fails to close with Seller. The remainder of the purchase price shall be paid in cash or certified funds on or before the date of closing. Title and Remedies. The Seller shall provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Seller shall be allowed 120 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the 16 Buyer, and neither party shall be liable for damages hereunder to the other party. All earnest money theretofore paid by the Buyer under this Agreement shall be refunded. If the title to said property shall be found marketable or shall be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, and in that case, the Seller may terminate this Agreement and on such termination all the payments made upon this Agreement shall be retained by said Seller and said agent, as their respective interest may appear, as liquidated damages, time being of the essence hereof. 4. Real Estate Taxes. Real Estate taxes for all years prior to the year of closing shall be Seller's responsibilities. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for the real estate taxes due and payable in all subsequent years. 5. Special Assessments and Development Charges. Seller shall be responsible for any levied special assessments. Buyer shall be responsible for all charges in connection with the development of the Property. 6. Closin . The closing shall take place no later than November 1, 2004, time being of the essence. The closing shall be at the offices of Severson, Sheldon, Dougherty & Molenda, P.A.; 7300 West 147th Street, Suite 600; Apple Valley, Minnesota 55124. 7. Obligation of Parties at Closing. The Seller and Buyer shall do the following at the closing: A. Seller shall: execute and deliver a Quit Claim Deed conveying fee title to the Property to the Buyer, free and clear of all liens and encumbrances, subject to the following: (A) Easements and restrictions of record; 2 (B) The Declaration of Restrictions and Covenants filed as Document No. 2022768; (C) Reservation of a conservation, ponding, drainage and utility easement over, under and across the western two-thirds of the property, the exact location of the easement reservation shall be shown on the plat; and (D) Access restrictions with no direct access allowed from Highway 3, or Diffley Road except directly opposite Hawthorne Woods Drive. B. Buyer shall: i. make the necessary payments as required under paragraph 2. C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. 8. Real Estate/Brokerage. Seller and Buyer both represent that no real estate broker or salesperson has been engaged in this transaction, and no commission is payable to any real estate broker or salesperson as a result of this transaction. Buyer and Seller each agree to hold the other harmless from and against any and all costs, expense or liability for commissions or other compensation claimed by any broker or agent by reason of services alleged to have been rendered at the instance of or agreed to by it in connection with this Agreement. 9. Notices. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: To the Seller: City of Eagan Attention: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 3 /8' With a Copy to: Robert B. Bauer, Assistant City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 To the Buyer: 10. Headings. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 11. Governing Law. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 12. Heirs, Successors and Assigns. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 13. Possession. Seller shall deliver possession of the Property to Buyer immediately after closing. 14. Default; Remedies. If either party shall default in any of their respective obligations under this Agreement, the other party may, by written notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than ten (10) days after the giving of such notice), terminate this Agreement and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. In the event of default by Seller, Buyer's sole and exclusive remedy shall be the right to terminate this Agreement. Upon such termination, Seller shall refund any earnest money paid by Buyer. In the event of default by Buyer, Seller shall have the right to terminate this Agreement and retain any earnest money paid 4 /9 by Buyer as liquidated damages. These shall be the sole and exclusive remedies of both Seller and Buyer, and neither party shall have the right of specific performance. 15. Well Disclosure/Sewer Septic Disclosure. Seller certifies that the Seller does not know of any wells on the Property. 16. Buyer's Representation. Buyer hereby represents and warrants that Buyer has the full and complete authority to enter into this Agreement and the person executing this Agreement on behalf of the Buyer has full and complete authority to do so. The representations and warranties contained in this paragraph shall survive the closing of the transaction contemplated herein. IN WITNESS WHEREOF the parties have executed this Agreement this day of 2004. SELLER: CITY OF EAGAN BUYER: By: By: Pat Geagan Its: Its: Mayor By: Maria Petersen Its: Clerk 5 ao EXHIBIT "A" Subd. 11. NB Neighborhood Business District. A. Purpose. Neighborhood Business Districts are small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide daily retail goods and services. B. Permitted uses. 1. Bakeries. 2. Barbershops. 3. Beauty salons. 4. Clinics. 5. Clubs and lodges. 6. Copy centers. 7. Drug stores. 8. Financial institutions without drive-through facilities. 9. Florists. 10. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 11. Funeral homes and mortuaries. 12. Gift shops. 13. Hardware stores. 14. Hobby shops. 15. Laundry and dry cleaners. 16. Laundromats. 17. Off-sale liquor stores. 18. Photography studios. 19. Offices. 20. Restaurants - class I (on-sale liquor subject to conditional use permit). 21. Shoe stores. 22. Specialty food stores. 23. Sporting goods stores. 24. Variety stores. P_/ r w 0 u rQ '?, ° W ? 0 W ,... ? U tt3 ?.=.?U s uJ. LS. 15 OC) 3: T CV 73 X w r U) lA UJ 0 N F v =w .? fl U. F- [CLV? W N ooao m 0 O O W w o-- Z IS, cc .d J ¢ s U N 1z LL. 0 Wm r-+ W W U U 0 D co v C= ' LL. 2022768 DECLARATION OF RESTRICTIONS AND COVENANTS 2002, by This Declaration ("Declaration") is made this day of 1Lt1Vi7 the City of Eagan, a Minnesota municipal corporation ("Declarant"). RECITALS WHEREAS, Declarant is the fee owner of that certain real property located in Dakota County, Minnesota legally described as follows (the "Property"): The South Four hundred eighty-four and twenty-nine hundredths (484.29) feet of the East '/2 of the Southeast 1/4 of Section 24, Township 27 North, Range 23 West lying West of the westerly right-of-way line of State Trunk Highway No. 3, EXCEPT that part 3 designated as Parcel 5 on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 136 on file and of record in the office of the Dakota County Recorder; `?• WHEREAS, Declarant desires to subject the Property to the covenants and restrictions contained in this Declaration; DECLARATION NOW THEREFORE, in consideration of the foregoing premises, Declarant hereby makes this Declaration and subjects the Property to the covenants and restrictions set forth herein, hereby declaring that this Declaration shall constitute covenants running with the land and declaring that the Property shall be owned, encumbered, used, occupied, operated and conveyed subject to the covenants and restrictions described in this Declaration, all of which shall be binding upon each person-owning " or acquiring any rights title or interest therein and their respective heirs, personal representatives, successors and assigns. 1. Use Restrictions. Subject to the terms and conditions of this Declaration and the reservations and covenants contained herein, Declarant hereby declares and imposes upon the Property the use restrictions set forth below: The following uses shall not be permitted upon the Property or any portion RECEIVED thereof: DAKOTA COUNTY TREASURER-ALUTOR ti, 0? W2_ a. Restaurants b. Radio and Television studios c. Motor Fuel Stations d. Drive-thrus e. Convenience Stores f. Car Washes All of the foregoing uses shall be prohibited uses on the Property. 2. Covenants. Declarant hereby covenants that the Property shall not be held, transferred, sold, conveyed, occupied, altered, or used in violation of the restrictions set forth in Paragraph 1 of this Declaration. 3. Reservation. Nothing contained in this Declaration shall in any way prohibit, restrict or limit the Declarant, its successors or assigns, from fully conveying, transferring, occupying or using the Property for all purposes not inconsistent with the use restrictions set forth in Paragraph 1. 4. Bindin Effect. The covenants and restrictions created hereunder shall constitute covenants running with the land and will be binding upon an inure to the benefit of Declarant's respective successors, assigns, transferees, tenants, employees, agents, customers, licensees and invitees. 5. Enforcement. Declarant shall have the right to enforce by a proceeding at law or equity, all covenants and restrictions now or hereinafter imposed by the provisions of this Declaration. In view of the purposes of this Declaration and the unique characteristics of the Property, it is acknowledged that money damages to Declarant in the event of a violation of the terms hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby. Accordingly, Declarant shall have the right, in addition to any other remedies available at law or equity, to apply for and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining order, injunction or otherwise, prohibitory or mandatory, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, Declarant shall be entitled to recover from the party violating the terms of this Declaration, reimbursement for all costs and expenses of litigation, -including reasonable attorneys' fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief. 6. Severability. Invalidation of any of the provisions hereof by judgment or court order shall not effect any of the other provisions which shall remain in full force and effect. 2 a3 CITY OF EAGAN, Minnesota By: Patricia E. Aa.da Its: Mayor By: Maria Karels Its: City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Z._Ifday of 2002, by Patricia E. Awada and Maria Karels, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT DRAFTED BY SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 SAL (206-20691) MIRA MCGARVEY NOTARY PUBLIC MINNESOTA My Cammisston Expw s 1/3112005 3 ay I Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint 4 L--L-7 Sub'ect Site g h m ? ? T.r4y4C ?.? as 1 a I? ® P 9 O _ C 4,f s p X \ 1000 0 1000 2000 Feet City Owned Property for Proposed RFP aSD- Map Prepared using ERS1 ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. N f THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E en nn Clt o v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devdopment Department not responsible for errors or omissions. Agenda Memo March 16, 2004 F. PROJECT 851, TOWN CENTRE AREA STREET & ACCESS MANAGEMENT IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 851 (Town Centre Area - Street & Access Management Improvements) and schedule a public hearing to be held on April 20, 2004. FACTS: • Project 851 provided for the bituminous overlay and access management improvements of the streets in the Town Centre Area. The improvements included the construction of concrete sidewalk along the westerly/northerly side of Town Centre Drive, driveway relocations along the easterly/southerly side of Town Centre Drive and driveway apron construction throughout the Town Centre Area. • This project, constructed under Contract 03-01, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments for low and high density residential properties are approximately 7% below, and the final assessments for commercial/ industrial properties are approximately 68% below to 86% above (for various portions of the work under the project) the estimate contained in the feasibility report presented at the public hearing held on December 2, 2002, a6 Agenda Memo March 16, 2004 G. PROJECT 882, CRESTRIDGE LANE STREET IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 882 (Crestridge Lane - Street Improvements) and schedule a public hearing to be held on April 20, 2004. FACTS: • Project 882 provided for the bituminous overlay of Crestridge Lane, from Pilot Knob Road to Denmark Avenue. • This project, constructed under Contract 03-01, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 17% over the estimate contained in the feasibility report presented at the public hearing held on February 4, 2003. The proposed final assessments are over the original estimate due to a higher than estimated bid price for bituminous pavement and additional indirect costs. Due to combining this project with Project 851, Town Centre Area - Access Management and Street Improvements, the final assessments are still less than typical assessments for an overlay in a residential neighborhood. a Agenda Memo March 16, 2004 H. CONTRACT 03-12, TH 13 & SILVER BELL ROAD INTERSECTION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the revised plans and specifications for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 15, 2004. FACTS: • Contract 03-01 provides for the reconfiguration of the intersection of Silver Bell Road and TH 13, including traffic and access management improvements providing benefit to the operation of TH 13 as requested by MnDOT. • On February 6, 2001, the City Council approved Project 800R, the reconfiguration of Silver Bell Road, from Trunk Highway (TH) 13 to Cedar Grove Parkway, and authorized the preparation of final plans and specifications. Due to the lack of approved state funding for the addition of dual left-turn lanes on north and southbound TH 13 at Silver Bell Road, this portion of the originally proposed improvements was not included in the final plans for City Contract 01-05, constructed in 2002. • On August 4, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-12. • On September 2, formal bids were rejected for this contract since the low bid received was about 25% more than the Engineer's Estimate. Fall bidding often encounters higher prices due to the lack of available contractors. The City Council authorized re-bidding the plans and specifications in the spring of 2004. • On February 17, 2004, formal bids were rejected again for this contract since the bid received from the low bidder was below the Engineer's Estimate and contained errors. The City Council authorized re-bidding the plans and specifications for construction in 2004. • By definition, local agencies constructing public improvements through the open advertised bid process are required to award contracts to "the lowest responsible bidder." The definition of responsible had previously been accepted as "one who is able to obtain a Bid Bond." • City staff has experienced significant project cost increases and delays caused by the inefficiencies and deficiencies of some "low bid" contractors. Often these additional costs to the project ultimately exceed the proposals of other contractors who bid on the contract. Additional unrecorded costs are also incurred by the general public in delays, property damage and lost business. • Case law has recently been established in Westra Construction, Inc., vs. City of Minnetonka which supports local agencies' ability to qualify the responsibility of bidders on public improvement contracts. The plans and specifications for Contract 03-12 have been revised to include language providing for the qualifying of bidders in an attempt to truly obtain the lowest responsible bid. • Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. • The revised plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. ??_ 9 Agenda Memo March 16, 2004 CONSENT AGENDA: Approve Grant Application for the Assistance to Firefighters Grant Program ACTION FOR CONSIDERATION: Approve an application from the Eagan Fire Department for the purpose of securing funding for replacement of the mobile command vehicle. FACTS: • Since 1979, the Eagan Police and Fire Departments have utilized a converted 1974 school bus as a mobile command vehicle to support incident command at the scene of major fires or police actions. • With age, this vehicle has becoming increasingly difficult to use due to mechanical issues, and cannot support many of the technologies used for major incident management. • Both the Fire and Police Departments have identified the replacement of this vehicle in their CIP proposals since 2002. • The Eagan Fire Department would like to apply for Mobile Command Vehicle finding through the Assistance to Firefighters Grant (AFG) program. The AFG is awarded federally through the Department of Homeland Security's Federal Emergency Management Agency (FEMA). • Applicants who are awarded a grant must agree to share in the cost of the grant activities. • Based on an estimated cost of $325,000, the City of Eagan would be responsible for a 30% match of $97,500. • The application deadline for this grant is April 2, 2004. ATTACHMENTS: None. A copy of the grant application will be available for review if desired. a? Agenda Information Memo March 16, 2004 Eagan City Council Meeting Consent Agenda J APPROVE GRANT SUBMISSION FOR DNR OUTDOOR RECREATION GRANT AND AUTHORIZE MAYOR'S SIGNATURE ACTION TO BE CONSIDERED: Approve submission of the DNR Outdoor Recreation Grant, and authorize Mayor to sign a resolution of support for the project. FACTS: • In a workshop session on January 27, 2004, a Council subcommittee agreed that an application should be made to the DNR Outdoor Recreation Program for a shelter/trail head structure at Thresher Fields. • On February 17, 2004, Council approved a public hearing for the grant to be held at the regular APrC meeting of March 15, 2004. • The Advisory Parks Commission held a public hearing on March 15, 2004. • The grant requires a 50% local match. The grant application requests $187,500 from the DNR. The remainder of the project cost, $187,500, would be derived from the Park Site Fund. • Discussions with DNR staff indicate that a shelter/ trail head building is in the spirit of the Outdoor Recreation grant, and is an entirely appropriate type of project to apply for. • Should the grant request prove successful, the shelter/ trail head structure could be built in 2005. ATTACHMENTS: None 3c) Agenda Information Memo March 16, 2004 Eagan City Council Meeting Consent Agenda K RENEW CONTRACT WITH LIFEWORKS SERVICES INC. AND AUTHORIZE MAYOR'S SIGNATURE ACTION TO BE CONSIDERED: Approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • Lifeworks provides unskilled employment opportunities for physically and mentally challenged adults. • The City of Eagan has contracted with Lifeworks for the past 14 years to provide janitorial services in designated park buildings on a part-time basis. • Lifeworks provides an on-site supervisor, insurance and assumes liability for its staff. • Hourly rates includes staff wages, transportation, supervision and insurance. The rate is prorated depending upon the predetermined ability of each worker. • The contract may be canceled by either party with appropriate notice. ATTACHMENTS: None 3/ Agenda Information Memo March 16, 2004 Eagan City Council Meeting Consent Agenda L APPROVE AGREEMENT FOR PROVIDING ELECTRICAL HOOK UP; EAST THOMAS LAKE ACTION TO BE CONSIDERED: Approve agreement to be entered into between Mr. Robert E. Peterson and the City for providing electrical service at East Thomas Lake for lake aeration. FACTS: • Water Resources staff routinely monitors winter oxygen levels in lakes and ponds with significant fisheries resources. • Lakes need winter oxygen to avoid fish kills caused by thick ice and snow cover. This cover eventually blocks sunlight, tipping the balance from oxygen-producing photosynthesis to oxygen-depleting decomposition. • East Thomas Lake is a shallow 9-acre waterbody along Pilot Knob Road east of Thomas Lake Park and has a history of depleted oxygen levels occurring in the winter. • Water Resources' winter aeration program has been limited in the past at East Thomas Lake because electrical service is non-existent. Staff experimented for two winters with a solar aeration system, but that has not been reliable or very effective.. • Several lake neighbors have expressed willingness in assisting the City with lake management. With oxygen plummeting on the lake this past season, one resident (Mr. Peterson) allowed for an aerator hookup from his house on a temporary basis. • Staff has worked with Mr. Peterson, a willing advocate, to extend the use of an aerator on an annual basis, with an electrical hook up from the Peterson home.. • The city would compensate the home owner for the electrical consumption ATTACHMENTS: Attachments: Letter to homeowner, pg,3. 3 J, 40?dty of eagan PAT GEAGAN March 3, 2004 Mayor Mr. Robert E. Peterson 1380 Wilderness Run Road PEGGY CARLSON Eagan, MN 55123 CYNDEE FIELDS Dear Mr. Peterson: MIKE MAGUIRE MEG TILLEY On behalf of the City of Eagan, thank you for supporting fisheries management of East Thomas Council Members Lake by allowing property access and providing electrical service to run an aerator. Your friendly, willing cooperation is encouraging and important as the Water Resources Division attempts to maintain and improve water quality conditions in lakes and ponds citywide. THOMAS HEDGES City Administrator As promised during our recent visit to your home, I am sending this letter to propose an agreement between the City and you regarding electrical use for the aerator during winter months, as needed. Property access and electricity may be needed on an annual basis. Municipal Center: The City proposes to provide the following: 3830 Pilot Knob Road 1. One-time installation in 2004 of a new 20-amp circuit with outside duplex-outlet. Eagan, MN 55122-1897 Although you would have full use of this circuit when not being used by the aerator, its Phone: 651.675.5000 installation would be at no cost to you; 2. Remuneration of calculated electrical use by the aerator based on current Xcel Energy Fax: 651.675.5012 residential kilowatt-hour rates. Annual payments would be calculated from actual hours TDD: 651.454.8535 of aerator operation; and 3. One-time payment in 2004 of $100 for your inconvenience and goodwill. Maintenance Facility: The City proposes to make payments to you once annually after the aerator is disconnected for 3501 Coachman Point the winter season, which will most likely be by the end of March. Eagan, MN 55122 Please call me at your earliest convenience at (651) 675-5300 to indicate your acceptability of Phone: 651.675.5300 this proposal. Fax: 651.675.5360 TDD: 651.454.8535 Thank you very much. Sincerely, www.cityofeagan.com Eric Macbeth Water Resources Coordinator THE LONE OAK TREE The symbol of strength Cc: Ken Vraa, Director of Parks and Recreation and growth in our Jim Storland, Water Resources Technician community 1 3$) Agenda Information Memo March 16, 2004, Eagan City Council Meeting M. AUTHORIZE CREATION OF TECHNOLOGY TASK FORCE, COMMITTEE CHARGE, AND TIMELINE ACTIONS TO BE CONSIDERED: To approve creation of a Technology Task Force and the official charge to the committee as outlined in the attachments, and set the timeline for reporting back to the City Council. FACTS: • At the February 10, 2004 Special City Council Meeting an overview of wireless broadband opportunities and issues was presented by Communications Director Garrison. • The City Council directed that a Technology Task Force be formed to include members of the EDC and Telecommunications Commission. • The City Council directed staff to bring back recommendations on the make-up for a task force and the timeline needed for completion of its work. • The Council also directed that a consultant be hired to advise on technology and wireless issues. (That action is addressed in a separate consent agenda item.) • In reviewing the public policy issues, the City Council concurred that Eagan should have a technology infrastructure plan, that the City should be active in taking inventory of, planning for, and implementing Eagan's technology infrastructure. • The City Council concurred that the objectives included 1) revenue, 2) more alternatives for the public, 3) increased operating efficiencies and/or decreased costs, 4) business recruitment and retention, and 5) fostering competition. ATTACHMENTS (6): Proposed Charge to the Technology Task Force on page,5 Proposed Make-up of the Task Force on page Proposed Timeline & Target Dates on pages ,38' ?Q_ January 20, 2004 Wireless Broadband Issues arid Opportunities Memo, pages 32 7 February 10, 2004 Wireless work session minutes on page ;L 3?4 CHARGE TO THE TECHNOLOGY TASK FORCE 1. ASSESS THE PUBLIC NEED WITHIN EAGAN'S BUSINESS AND RESIDENTIAL COMMUNITY FOR ADDITIONAL BROADBAND ALTERNATIVES AND MARKET COMPETITION FOR BROADBAND SERVICES, INCLUDING THE LIKELY IMPACT SUCH COMPTETITION WOULD HAVE. II. DETERMINE THE FEASIBILITY OF ADDITIONAL BROADBAND CAPABILITIES IN EAGAN INCLUDING, SPECIFICALLY A. THE NEED OR DESIRE FOR "REDUNDANCY" WITHIN THE EAGAN BUSINESS COMMUNITY B. WHETHER EAGAN NEEDS OR SHOULD PURSUE SO-CALLED WIRELESS HOT SPOTS WITHIN THE CITY, GIVEN THE PROLIFERATION OF HANDHELD DEVICES C. WHETHER A WIRELESS NETWORK WITHIN EAGAN IS FEASIBLE D. WHETHER ADDITIONAL BROADBAND CAPABILITY OR OTHER TECHNOLOGY INFRASTRUCTURE IMPROVEMENTS CREATE AN ECONOMIC DEVELOPMENT/BUSINESS RECRUITMENT/RETENTION ADVANTAGE E. THE OPTIONS AND COSTS FOR OPTIONS TO PURSUE DESIRED TECHNOLOGY GOALS F. POTENTIAL FOR AND APPROPRIATENESS OF ENHANCED CITY REVENUES BY MAKING TOWER SPACE AVAILABLE TO A WIRELESS BROADBAND PROVIDER WHO WOULD REVENUE SHARE. III. ANY OTHER SIGNIFICANT TECHNOLOGY INFRASTRUCTURE RECOMMENDATIONS THE TASK FORCE HAS FOR THE CONTINUED PROSPEROUS GROWTH OF EAGAN AS A DESIRABLE PLACE TO LIVE AND WORK. IV. IN CONCERT WITH THE CONSULTANT TO THE PROJECT, DEVELOP A REPRODUCEABLE METHODOLOGY FOR MEASURING EAGAN'S TECHNOLOGY INFRASTRUCTURE IN THE FUTURE. V. BRING ANY SIGNIFICANT PUBLIC POLICY ISSUES BACK TO THE CITY COUNCIL PRIOR TO COMPLETION OF THE TASK FORCE'S WORK. 315- Make-up of the Technology Task Force Two large corporation IT representatives (2) • Thompson West • Lockheed/NWA/Blue Cross or Unisys Two Eagan residents (2) • One citizen at large • One with a home-based business or who relies on computing @ home Three general business representatives (3) • Including one Chamber representative • One small business representative • One business representative at large Representative(s) of the Economic Development Commission (2) Representative of the Telecommunications Commission (1) Staff Representative (1) • Communications Director Garrison (as convener until chair named; other staff brought in as appropriate to the discussions. TOTAL (11) Support to City & Task Force Wireless Broadband Consultant (1)* Other Staff Resources Kristi Peterson, IT Coordinator Jon Hohenstein, Community Development Tom Colbert, Public Works Director Gene VanOverbeke, Director of Administrative Services Other departments as necessary Minutes kept by *lf Taskforce determines it is necessary, Consultant will also contact County, State & School District officials regarding technology infrastructure and/partnering opportunities. 3' Technology Task Force Timeline Council approve task force, charge, & hiring consu March 16, 2004 Mid-term progress & policy report to Council August 10, 2004 March 31, 2004 September 29 Final report written October 1-15 October 19, 2004 First meeting of task Final task force Report to Council force meeting 3?1 3/12/2004 Target Dates Wireless consultant names solicited Task force components determined Task force members solicited Task force consultant hired First meeting of task force April meeting May meeting June meeting Mid-term update to Council re August meeting Final taskforce meeting Final report written Report to Council *tentative February 23-March 16 February 23-March 16 March 19-26 March 19-26 March 31 * April 28 May 26 June 30 progress & policy August 10 work session* August 25 September 29 by mid-October October 19, 2004 38' TO: FROM: DATE: SUBJECT: MEMO City of Eagan CITY ADMINISTRATOR HEDGES COMMUNICATIONS DIRECTOR GARRISON January 20, 2004 Wireless Broadband Issues & Opportunities / Request for Council Feedback Last Fall the City of Eagan was approached by a Minnesota company wanting to build, at its cost, a wireless broadband network in Eagan that would be installed on City water towers and involve a very different revenue model than traditional lease arrangements. Broadband is the high speed conveyance of Internet traffic, typically through fiber in the ground, often using the public rights of way. Right now Comcast is the only broadband provider in Eagan. Wireless broadband is also high speed but uses small antennas placed on towers to convey Internet traffic point-to-point. The proposal involved the payment of a percentage of gross revenues from future wireless (residential and business customer) subscriptions in lieu of lease payments. Currently, because of an FCC ruling, cities are unable to collect franchise fees from cable modem service. Franchise fees in general have also come under attack and it is possible they will not survive the Internet taxation debate. A staff group consisting of Communications, Community Development, Finance, IT, Police, and Public Works has looked into the matter enough to know that while wireless broadband may offer a significant opportunity it also raises significant public policy issues that likely should be addressed by the City Council. The purpose of this memo is to briefly identify those policy issues, to ask guidance on how best to address them with the Council, and to determine how involved the Council would like us to be with any Wireless options before proceeding further. (See attached news article about a local firm using wireless technology.) Overview Currently more than 160 Minnesota cities have wireless broadband services covering all or parts of their localities. Many of these cities are small and rural where "in the ground" fiber is too expensive an option, but other cities such as Minneapolis, St, Paul, Bloomington and Burnsville are served by wireless broadband providers in competition with or as a redundant back-up to traditional cable modem service providers. 3? Wireless Memo January 20, 2004 Though it made the final cut to three, recently the City of Eagan lost a bid to attract a significant technology-intensive company in part because of a perceived lack of redundancy in high speed connections in Eagan. Whether this lack of redundancy is perceived or real has yet to be verified with an actual inventory of technological assets. This much is clear. Wireless technology is becoming more prevalent. Whether in use in the home or business or with handheld devices, the use of wireless technology is growing and may pose an opportunity or strategy Eagan wishes to pursue. The Advantages of Eagan's Active Involvement • Eagan currently has unused tower capacity not currently producing leasing revenue • A wireless broadband option would provide market competition for high speed Internet service for residents and businesses. • Eagan could receive money for wireless Internet hookups, where currently it receives nothing from Cable modem hookups. • If a provider covers all installation costs and can insure frequencies do not interfere with existing communications on those towers, there is little risk for the City. • Provides a level of redundancy for businesses within Eagan and might save the City money or provide an alternative to future "in-the-ground" costs. • Though not currently on the City's shopping list, wireless broadband could assist in police and security applications, particularly for remote surveillance of water facilities and other sensitive locations. • Some cities are using Wi-Fi (short for "wireless fidelity") as an economic development tool to develop complete or ad hoc wireless local area networks (WLANs) to provide high-speed data connections between mobile data devices (such as laptops) and nearby Wi-Fi access points such as a "hot spot" at an airport, a library, a coffee shop or restaurant. A hotel might offer free wi-fi to guests. A company or university might offer on-premises free access for verified employees/students. Or a home user could set up their own network to which only they had access. This is the same band as some cordless phones, although the technologies are designed to co-exist and not interfere with different networks allowing different kinds of access. Disadvantages of Eagan's Involvement • In the short-term any revenues the City would generate off of wireless connections would be significantly less than traditional lease payments • It is uncertain what effect competition with Comcast would have. While competition might moderate potential cable broadband price increases, would the City, in essence be competing against itself and weaken a cable provider that, at least currently, is paying franchise fees for its Cable TV connections? Wireless Memo January 20, 2004 . Unless adequately protected, wireless can be susceptible to access from the outside by unauthorized users. Security safeguards such as the Wired Equivalent Privacy (WEP) encryption standard should be used. With many wireless providers under capitalized or sometimes "here today and gone tomorrow," does the City incur any blame or liability if such a venture fails? Public Policy Questions How active does the City of Eagan want to be in taking inventory of/defining/planning for/implementing Eagan's technology infrastructure? How active a player does Eagan City Government wish to be in providing its residents wireless Internet connections? Some cities have formal plans for how "wired" a community they wish to be in the future, others say, "Let the market decide," and still other cities seek public/private partnerships. Does Eagan want to have a technology plan? . If yes, how should the investigation/research be conducted? What process should the City use? (Examples: Staff responsibility, hire a consultant, refer to a Commission, issue a request for proposal, etc.) . What are the City's objectives? Some examples might be: 1. Revenue 2. More alternatives for the public 3. Increased operating efficiencies/decreased costs 4. Business recruitment tool Should the City participate in a percentage of hook-ups in lieu of standard or revised lease payments for tower rental? Is this an appropriate use of public facilities and does it create any precedent for future vendors seeking to use public facilities? To what extent is wireless capability or redundant capability in the City's interest as an economic development strategy? . Is competition among broadband providers a good thing? To what extent does competition with Comcast help or hurt the City? Direction Sought: Pending your review and consideration, it seems that this matter would be appropriate to schedule for City Council discussion at an upcoming work session. I will await your direction before undertaking any other action. 3 Y/ MINUTES CITY COUNCIL MEETING TUESDAY, FEBRUARY 10, 2004 5:30 P.M. EAGAN ROOM / EAGAN CITY HALL IV. REVIEW WIRELESS BROADBAND ISSUES AND OPPORTUNITIES City Administrator Hedges introduced the item noting that the City was recently approached by a high speed wireless broadband provider wanting to place such technology on unused City water tower space and provide an alternative to broadband via cable modems. Hedges added that currently there is only one major provider of broadband services in Eagan and the City receives no franchise fees for use of its public rights-of-way for broadband services. Communications Director Garrison provided an overview of the wireless broadband issues and opportunities that exist for the City. Garrison stated that broadband is the high speed conveyance of Internet traffic, typically through fiber in the ground often used in the public rights-of-way. Garrison added that wireless broadband is also high speed, but uses small antennas placed on towers to convey Internet traffic .Mr. Garrison informed the City Council that the City of Burnsville recently instituted a technology committee made up of the mayor, civic and business leaders, and city staff, reportedly with the goal of having numerous wireless hot-spots within Burnsville and specifically targeting medical technology companies to locate in Burnsville. The City Council discussed the public policy questions raised by staff. There was Council concurrence that the City of Eagan should be very active in taking inventory, defining, planning for, and implementing Eagan's technology infrastructure. The City Council also concurred that they would like to see Eagan have a technology plan. The City Council discussed the technology objectives they have. Objectives they suggested included: 1.) revenue; 2.) more alternatives for the public; 3.) increase operating efficiencies/decreased costs; 4.) business and resident recruitment and retention tool; and 5.) fostering competition. City Administrator Hedges noted that in speaking to the Mayor, the Mayor offered his support for technology initiatives and would include questions regarding technology needs when he meets with the CEO's of various Eagan corporations and industries. The City Council directed that a technology task force be formed to include members of the EDC and Telecommunications Commission, which will be led by a consultant. The Council directed that the task force develop an RFP for wireless broadband providers. There was City Council consensus that revenues made off of wireless services should be directed back into the technology needs of the City. Councilmember Carlson suggested that the task force explore start-up incentives. The City Council agreed that members of the Council could attend any of the task force meetings, subject to open meeting laws, but that no City Councilmembers would serve as representatives on the task force. The Council directed that meeting notes of the task force be kept and passed on to the City Council. The City Council directed that staff bring back recommendations on the make-up for a task force as well as the timeline needed. The Council requested that the background/qualifications of individuals be considered when determining which commission members could best serve on the task force. yea Agenda Information Memo March 16, 2004, Eagan City Council Meeting N. AUTHORIZE STAFF TO HIRE WIRELESS BROADBAND CONSULTANT NOT TO EXCEED $30-50,000 ACTIONS TO BE CONSIDERED: Approve the hiring or a wireless broadband technology consultant to assist the work of the Technology Task Force in completing its charge. Cost for this consultant shall not exceed $30- $50,000 to be paid from City franchise fees. FACTS: • At the February 10, 2004 Special City Council Meeting an overview of wireless broadband opportunities and issues was presented by Communications Director Garrison. • The City Council directed that a Technology Task Force be formed and that a consultant be hired to advise on technology and wireless issues. • Statements of qualifications have been obtained from at least three potential vendors. • Vendors contacted thus far indicate projects of this kind vary in price from $30K to $50K, depending upon the number of interviews to be conducted and amount of work to be performed. • A more definitive price will be established when the scope of work is agreed upon and the contractor is chosen. • Work to be performed will follow the City Council's charge to the Technology Task Force. • Work will include, but not be limited to 1) creating a methodology to inventory the city's technology assets/infrastructure, 2) conducting that inventory, 3) helping guide and inform the Task Force's work, 4) conducting interviews, as necessary, with key business leaders, school officials, and county or state technology planners to help determine the City's technology plan, and 5) formal preparation and presentation of the plan for Council review. • The consultant's work will follow the timeline adopted in Item M. ?Z3 Agenda Information Memo March 16, 2004 Eagan City Council Meeting Consent Agenda 0 APPROVE PLANS AND SPECIFICATIONS FOR THE CENTRAL PARK FESTIVAL GROUNDS ELECTRICAL SYSTEM AND DIRECT STAFF TO OBTAIN QUOTES FOR IMPLEMENTATION. ACTION FOR CONSIDERATION Approve plans and specifications for the installation of an electrical system for the Central Park Festival grounds and Authorize staff to implement the plan utilizing the services of the contractor providing the lowest responsible quotation within the budget. FACTS: • The Central Park Festival Grounds are intended to be used for a variety of Community activities including the Arts and Crafts Fair and the 4TH of July celebration. • Many of the attractions, events and participants require electricity. • For last year's events, large generators were rented and brought to the site. Generators require on-site maintenance, fueling, create noise and are expensive. • The Council directed staff to explore alternatives for a permanent system. • The system as shown was designed through a collaborative effort that included staff, the 4TH of July Committee and an electrical design consultant. The system includes three large above ground panels which are sized to meet the needs of current and future events. • The consultant has estimate the project cost to be $25,000-$30,000, a cost range that allows for quotations versus formal sealed bids thereby accelerating the implementation schedule. • The 2004 Parks and Recreation CIP include $50,000 for the installation of an electrical system on the Festival grounds. • Completion is expected in time for the Arts and Crafts Festival scheduled for the end on June. ATTACHMENTS: • A site plan and concept plans for the cabinets are attached as pages 1. V8 yI 0 r W U a a E w x ? a ?o o O OO ,? U 0 ?E o a V [? o N / X33 f., a o ?- al V a V r{ S N. M Q N I ?N N Q W co LO ° ?N T ZV N MB 28 w -J W W c 3 ?¢o ZJC a Wz z ZN a> ix Zc) aM o M z Q W Z NA LJ ° W C. i.7 Ce C ? 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J p z JOZ ln ? = < ¢= o Z F 0 Q M? 3 Li Li<o Agenda Memo Date of Regular City Council meeting CONSENT AGENDA: P. APPROVE AN AMENDMENT TO THE MINUTES OF THE DECEMBER 8, 2003 CITY COUNCIL WORKSHOP. ACTION TO BE CONSIDERED: To approve an amendment to the minutes of the December 8, 2003 City Council Workshop FACTS: • The City Administrator was contacted by Mr. and Mrs. Mike and Sheila Nelson regarding a concern they had with minutes from the December 8, 2003 City Council workshop, at which Mr. Nelson addressed the City Council. • Per the request of Mr. Nelson, the minutes have been modified to more clearly state the opinion that Mr. Nelson expressed to the City Council at the December 8, 2003 workshop. ATTACHMENTS: • Enclosed on page 5 is the section of the December 8, 2003 minutes that is proposed to be amended. Y9 City Council Minutes December 8, 2003 Council Workshop Page 6 John Ward, 1634 Murphy Parkway, provided a handout to the City Council and noted that he is a member of Friends of Eagan Core Greenway. Mr. Ward said there were alternative solutions to alum dosing as well as environmental solutions. Jack Conrad, 7872 Sunset Drive, also a member of Friends of Eagan Core Greenway stated his concerns with the costs of the proposed project and the condemnation that would be needed. Mr. Conrad inquired about the legalities of condemnation, the costs of the project, and other alternatives to the proposed alum dosing. Joan Bohlig, 1680 Blackhawk Cove, noted that she is very concerned about the trees around Blackhawk Lake that have died from high water levels and also stated that the algae on the lake is very bad. Don Holmes, 936 Waterford Drive, recommended that the City take their time on this project to consider the funding. He also added that education is critical if the project is implemented. Todd Haglind, 1484 West Pond Road, noted that the lake looks like a swamp in the summer. Mike Nelson, resident on Denmark Court, noted that he backyard to benefit the water quality others. -feels alum dosing is fixing one problem while creating another problem. Ms. Haugen again addressed the City Council with her concerns about the legality of the project. Parks and Recreation Director Vraa, at the request of Mayor Geagan, again noted that the project was permitted by the state. Vraa also added that at the time the project was implemented, informational meetings were held with the residents. City Administrator Hedges again noted that no action is required at the December Stn workshop, however, action would be needed if the City Council wanted to remove the sludge from JP-47 during the 2003/2004 winter season. The City Council recommended that they consider the removal of the current sludge from JP-47 as a separate issue from the proposed alum dosing project. The City Council provided direction to staff to include the approval of plans and specifications for the removal of the sludge from JP 47 on the December 18 City Council meeting to be included on the Consent Agenda. The Council also asked for a cost breakdown regarding the removal of sludge from JP-47. Councilmember Carlson and Councilmember Fields left the meeting at 8:35 p.m. VII. OTHER BUSINESS There was no other business to be discussed. ADJOURNMENT so Agenda Information Memo March 16, 2004 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - JASON AND LAURIE FINK ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a building lot coverage of 21% for property located at 2083 Pin Oak Drive, legally described as Lot 9, Block 1, Vienna Woods, in the NE'/4 of Section 31. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The subject lot was platted as part of the Vienna Woods subdivision and is part of the Mission Hills South Planned Development. The Vienna Woods development requires that all residential City Code standards shall be maintained. City Code requires a 20% maximum building lot coverage. • The subject lot is 12,066 square feet and the existing home has a building footprint of 2,280 square feet creating a building lot coverage of 18.9%. • The applicants would like to remove an existing 850 square foot deck attached to the rear of the home and replace it with a 224 square foot deck and a 256 square foot covered screened porch in order to increase the green space of the rear yard. • The proposed construction will increase the amount of building coverage by 256 square feet due to the screened porch addition. This will create a building lot coverage of 21%. • The proposed construction will not be visible from the public right-of-way. 60 DAY AGENCY ACTION DEADLINE • April 20, 2004 ATTACHMENTS (1): Planning staff report, page to 7 S/ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 3, 2004 APPLICANT: Jason and Laurie Fink PROPERTY OWNER: Jason and Laurie Fink REQUEST: Variance for Lot Coverage CASE: 31-VA-02-02-04 HEARING DATE: March 16, 2004 APPLICATION DATE: February 20, 2004 PREPARED BY: Erik Slettedahl LOCATION: 2083 Pin Oak Dr COMPREHENSIVE PLAN: LD Low Density (0-4 units/acre) ZONING: PD Planned Development SUMMARY OF REQUEST The applicants are requesting a Variance to allow a building lot coverage of 21 % for property located at 2083 Pin Oak Drive, legally described as Lot 9, Block 1, Vienna Woods, tax PID# 10- 81950-090-01. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. sa e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60, Subd. 5, requires a maximum building lot coverage of 20% in an R-1 zoning district. Only covered structures and buildings are considered when calculating building lot coverage. BACKGROUND/HISTORY The subject lot was platted as part of the Vienna Woods subdivision approved in 1979. Vienna Woods is part of the Mission Hills South Planned Development and was approved for a mix of residential unit types including 90 single family homes and 30 twin homes. The Vienna Woods development requires that all residential City Code standards shall be maintained. EXISTING CONDITIONS The subject lot is 12,066 square feet and the existing home has a building footprint of 2,280 square feet creating a building lot coverage of 18.9%. An existing 850 square foot deck is attached to the rear of the existing home and occupies a significant portion of the relatively small rear yard. The subject property is in an area of similar sized homes and lots, and borders the south property line of the MNDOT Driver's Testing Station located on Cliff Road. S3 Subject Home - Rear Subject Home - Front EVALUATION OF REQUEST The applicants are proposing to remove the existing 850 square foot deck and replace it with a 224 square foot deck and 256 square foot screened porch. The proposed construction will reduce the structure area on the lot by 370 square feet but increase the amount of building coverage by 256 square feet due to the screened porch addition. This will create a building lot coverage of 21 %. The proposed structure will not be visible from the public right-of-way and will be located approximately 110 feet from the closest neighboring home. APPLICANT'S ESTIMATE OF HARDSHIP The applicants have stated that they would like to increase the green/open space of their lot by reducing the size of the existing deck and also creating a space where they can enjoy their yard sheltered from bugs. SUMMARY/CONCLUSION The applicants are requesting a Variance from the required 20% maximum building lot coverage requirement to construct a 256 square foot screened porch located at the rear of the existing home. The proposed porch and adjacent deck will replace an existing deck for the purpose of increasing the amount of green space in the rear yard. The proposed structure will not be visible from the public right-of-way and appears to have little impact on the neighboring properties. ACTION TO BE CONSIDERED To approve a Variance to allow a building lot coverage of 21% for property located at 2083 Pin Oak Drive, legally described as Lot 9, Block 1, Vienna Woods. 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. 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. Location Map Development/Developer. Jason and Laurie Fink Application: Variance Case No.: 31-VA-02-02-04 R IB B /?®® ?0< ? 7'9 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N AmhhL by Dakota County Office of GIS and is current as of January 2004. W E Cit OF en an THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Eagan Boundary Street Centerline Parcel Area Building Footprint 1000 0 1000 2000 Feet Porch House Garage Driveway 2083 Pin Oak Drive ° 10 20 4eet Variance Request Site Plan ?6 N t?O EGA yvd 9 o ?o °b sq Agenda Information Memo March 16, 2004 Eagan City Council Meeting B. VARIANCE - MANLEY BROS. CONTRUCTION ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a 25.2% building lot coverage where 24.7% had been originally approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge located in the NW %4 of Section 28. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • On March 4, 2003, the City entered into a Final Planned Development Agreement with Manley Land Development, Inc. to development the subject site with 12 rambler and 12 two-story, townhome style, detached homes. • The Planned Development Agreement allows a maximum building lot coverage of 24.7% to be applied to the residential development in its entirety. • To date the City of Eagan has issued 9 building permits within the development, 2 two-story and 7 rambler style units. • The applicant would like to replace the ten remaining required two-story units with a smaller rambler style floor plan. This proposal would increase the overall lot coverage for the development to 25.2%. • The applicant believes that there is a greater demand for the rambler units from their target market and that the lot coverage increase from the new design will have minimal impact on the development. 60 DAY AGENCY ACTION DEADLINE • April 26, 2004 ATTACHMENTS (1): ?q Planning staff report, pages. /to bS ss? PLANNING REPORT CITY OF EAGAN REPORT DATE: March 5, 2004 APPLICANT: Kevin Manley PROPERTY OWNER: Manley Bros. Const. REQUEST: Variance to exceed lot coverage CASE: 28-VA-03-02-04 HEARING DATE: March 16, 2004 APPLICATION DATE: February 27, 2004 PREPARED BY: Erik Slettedahl LOCATION: Centennial Ridge development COMPREHENSIVE PLAN: MD-Medium Density Residential ZONING: PD Planned Development SUMMARY OF REQUEST The applicant is requesting a Variance to exceed lot coverage and building design requirements established by a Final Planned Development Agreement for the Centennial Ridge development located on Marina Lane in the NW '/4 of Section 28. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. gy f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Lot coverage requirements for this development are regulated by an approved Planned Development Agreement requiring an overall maximum building lot coverage of 24.7%. The Planned Development Agreement also states that any changes to the approved building plans, future additions, or expansions that increase the lot coverage would require a Variance or Amendment to the Planned Development. BACKGROUND/HISTORY In December of 2001, the City approved a Preliminary Planned Development for the subject area consisting of both a single family detached residential area with a maximum gross density of 5.5 units/acre and a commercial area along Diffley Road. In October of 2002, the City approved a preliminary subdivision establishing a site layout and lots for the residential portion of the development with a gross density of 4.4 units/acre. On March 4, 2003, the City entered into a Final Planned Development Agreement with Manley Land Development, Inc. to development the residential portion of the subject site with 12 rambler and 12 two-story, townhome style, detached homes. Although the Planned Development limits the development to two floor plans, lot sizes and building lot coverage varies within the development. Instead of approving building lot coverage for each individual lot, the Planned Development Agreement allows a maximum building lot coverage of 24.7% to be applied to the residential development in its entirety. EXISTING CONDITIONS To date the City of Eagan has issued 9 building permits within the development, 2 two-story and 7 rambler style units. The rambler design has a 2,354 square foot building footprint and the two-story has a 1,864 square foot building footprint. Two Story The commercial development associated with Centennial Ridge 2nd Addition is under construction to the north of the subject area and will contain an office/dental clinic and retail center. An established single family detached residential area is located to the east, and Summitt Hill, a small lot single family detached housing development is nearing completion to the south. dD EVALUATION OF REQUEST The applicant would like to replace the ten remaining required two-story units with a smaller rambler style floor plan. The proposed smaller rambler design will have a building footprint of 1,956 square feet, an increase of 92 square feet from the two-story plan, but a reduction of square feet from the approved rambler style. If this increase is applied to the ten units, the overall lot coverage increases to 25.2 %. The applicant is not proposing an increase in the amount of units or unit density. The Planned Development agreement also requires a 15 foot side yard separation between structures for all but two locations. This requirement, as well as all other setback requirements, will still be met as originally proposed. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has stated that, at the time of final approval, they were concerned that the demand for the rambler style unit would be greater than the two-story units. The applicant has indicated that their experience over the last year has shown that their initial concerns about the demand for rambler units was warranted as they have seen a much greater demand for these units from their target market. The applicant believes that the proposed smaller rambler design will fit nicely into the development and the increase in lot coverage will be minimal. SUMMARY/CONCLUSION The applicant is proposing to replace the remaining required two-story units with redesigned rambler units and is requesting that the maximum building lot coverage requirement be increased from 24.7 % to 25.2%. All original development densities and building setbacks will not change. ACTION TO BE CONSIDERED To approve a Variance to allow a 25.2% building lot coverage where 24.7% had originally been approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge located in the NW 1/4 of Section 28. 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. 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. V// Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint ? - L LEI---L Development/Developer. Manley Brothers Construction Application: Variance Case No.: 28-VA-03-02-04 N Map Prepared using ERSI AcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. w E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are -- -d-Insert Deoartnent not responsible for errors or omissions. 1000 0 1000 2000 Feet c F ? K W O ^ ! r ` Y< o N < ? a a U If Y ?S5 ? <<j m F O & Z 3 ° IyE b W \ K>l! lV O ?U Z G? W ? g S ?W n 44 UZ1i' F m N:2 =oN ? W o LL 6a E N?Nf1N g g yi X _Rg U 1 iJ Opo j< GA K. ei1 41 ?LL pin ?? J om gFF °` z t N Q°??°?n? `9 S z =? N z b'?2o s k' IC ?ca„I?"r S "?? d <?zl z BUS WJ? a! ?K I-C ?m SOH 2ZW ? 7 YNWm :,??( V I I I r rw?, I Z I Z 41- __ _ ? ? 1- - I L- ? o+ ?? l__?I I I 4 ? _? F'la _, i t I I a 1 4 m ?? L _? r--, r O i 1 II - a i ? i ? I I a DD ' \ 1 r I N - " I .I N +' \ I i I Imo; Nno ?? ?" ? I I I I ? I, 1 1 I L A [ r--- _ _s.?vm r7i;1FI±Tbt? ? iii l o l c< 1?. _ gg > ??---BSU iii l o l ( oS z> ! iII ii iii I Iil iII a I iii I c III - o w ii I ii 09 lii I a III gg rcae ? < r oe-oR 11 it it } II II ii I o?Il fG IL ---- > III ,• J ------j i i. r I I !I r_J I = - t •----------- aV08 A31JJ10 - F ? (1 I? II =a =.i REVISED SITE PLAN na 63 Centennial Ridge (12 Large,10 Small Rambler/2 Two-story Plan) Block 2 Area (s.f.) Coverage (s.f.) % Cov'g Lot 1 17,465 1956 11.20% Lot 2 6,829 1956 28.64% Lot 3 6,829 1956 28.64% Lot 4 8,000 1956 24.45% Lot 5 10,569 1956 18.51% Lot 6 7,024 1956 27.85% Lot 7 15,655 1956 12.49% 151.78% Sum of % Cov'g Blk 2 21.68% Avg. Lot Cov'g BIk 2 Totals 72,371 13,692 18.92% Total Cov'g Blk 2 (13,692172,371) Block I Lot 1 9,615 2354 24.48% Lot 2 7,076 2354 33.27% Lot 3 7,006 1956 27.92% Lot 4 12,353 2354 19.06% Lot 5 9,094 2354 25.89% Lot 6 6,140 1956 31.86% Lot 7 7,140 2354 32.97% Lot 8 7,165 2354 32.85% Lot 9 7,868 2354 29.92% Lot 10 7,059 2354 33.35% Lot 11 5,918 1956 33.05% Lot 12 11,219 2354 20.98% Lot 13 8,577 2354 27.45% Lot 14 7,116 1864 26.19% Lot 15 6,194 2354 38.00% Lot 16 6,139 2354 38.35% Lot 17 6,880 1864 27.09% 502.67% Sum of % Cov'g BIk 1 29.57% Avg. Lot Cov'g Blk I Totals 132,559 37,844 28.55% Total Cov'g Blk 1 (37,844/132,559) Total Blocks 1 &2 204,930 51,536 25.15% Total site cov'g (51,5361204,930) LOT COVERAGE ALLOCATION RECEIVED FEB 2 7 2004 6,? 1,956 sq rt PROPOSED BUILDING RECEIVED PARTIAL PLANS 2-27-04 CHECKED 2-27-04 SMALL RAMBLER DESIGN 46,50",- R E C D Y !" 17 un 2 7 2004. 15.00 I.uu Agenda Memo March 16, 2004 C. VACATE PUBLIC RIGHT OF WAY, DODD ROAD ACTION TO BE CONSIDERED: Approve the vacation of public right-of-way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road), reserving the rights for drainage & utility purposes, and authorize the Mayor and City Clerk to execute all related documents, OR Deny the requested vacation of the Dodd Road public right-of-way. FACTS: • On September 17, 2003, City staff received a petition from Mr. Rich Ragatz, representing the owners, Roger and Stuart Weierke (660 Cliff Road), requesting the vacation of public right-of-way on a portion of the Dodd Road right-of-way adjacent to the property located south of Cliff Road in southeast Eagan. • The portion of Dodd Road adjacent to the property was re-aligned in 2002 as part of the Dodd Road Street & Utility Improvements (City Project No. 751R) to better align with Cliff Road. The re-alignment shifted the roadway to the west, creating potentially excess right-of-way in the area. • The right-of-way covered the previous alignment of Dodd Road. • The purpose of the request is to allow the incorporation of potentially excess right-of-way area into the subdivision plat of the adjacent property. • There is public water main and other private utilities within the right-of-way proposed to be vacated that will require the City to retain the rights for drainage and utility purposes including maintenance, repair and construction. • On November 6, 2003, the City Council continued consideration of the vacation request to coincide with the applicant's preliminary subdivision proposal (Woodland Place Addition) which subsequently occurred on February 17, 2004. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners and/or interested parties informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action to vacate the right-of-way with the City retaining the rights for drainage and utility purposes including maintenance, repair and construction. ATTACHMENTS: • Legal Description Graphic and location map, page and ? • Petitioner's Letter, page ?_. 66 4 In8Hi •- nary-~-------- ° 31? NVI03IW FI sX x00 Cliff Road -+ THRU I.'_ 25' FOR CSAH 32 ---------------- 660 Cliff Road -------------- 1 n Proposed Vacation Area ------ ------------------ ---------------------- ----------------- LEGEN D ---------- Dojo S.F. 0.09 Ac. 1 , ' O r o0 O \ i i ? 1 I o- Commencing at the NE corner of the NW '/4 of Section 36, Township 27, Range 23, \ lJ Dakota County, Minnesota; thence South 0 Degrees 09 minutes 32 seconds East, a 0 distance of 45 7.32 feet; thence North 89 degrees 43 minutes 17 seconds West, a distance / 1i of 549.39 feet; thence North 25 degrees 40 minutes 19 seconds West, a distance of 184.74 feet to the point of beginning; thence along a tangential curve concave to the west having a delta of 10 degrees 36 minutes 09 seconds and a radius of 334.57 feet, a distance of 61.91 feet; thence North 33 degrees 22 minutes 53 seconds West, a distance of 122.19 feet; thence along a tangential curve concave to the east having a delta of 47 degrees 23 minutes 07 seconds and a radius of 24.33 feet, a distance of 20.12 feet; thence North 89 , degrees 40 minutes 13 seconds East, a distance of 30.35 feet; thence South 25 degrees 39 minutes 52 seconds East, a distance of 224.08 feet, more or less, to the point of beginning. i 0 30 60 Scale in feet DODD ROAD AND CLIFF ROAD INTERSECTION EAGAN, MINNESOTA FIGURE 1 AVAILABLE ROW AREA ROW PRESERVATION.DWG DATE: 1-28-04 COMM:49-03-000 67 Bonestroo Rosene ?¦ Anderlik & Associates Engineers & Architects co ti 0 ROSEMOUNT Proposed Easement Vacation 3/12/04 Location Map cCity d Eagan To Whom It May Concern: I am interested in getting the right of way vacated at the southeast corner of Cliff and Dodd Roads so that this 7,020 square foot parcel could be incorporated into the overall design of the Woodland Place subdivision. I would like to be able to plant trees and do other aesthetics things for the future homeowners and the current surrounding neighborhood residents. I look forward to your feedback. 40 Agenda Memo March 16, 2004 D. PROJECT 877, LEXINGTON AVENUE ACTION TO BE CONSIDERED: Close the Public Hearing and (select one of the following): 1. Approve Project 877 (Lexington Ave - Street & Trail Improvements) as presented with the modified Pending Assessment Roll and authorize the preparation of a cost participation agreement with Dakota County, OR 2. Approve Project 877 - Modified (Lexington Ave. - Trail only Improvements) and authorize the preparation of a cost participation agreement with Dakota County, OR 3. Deny Project 877(Lexington Ave - Street & Trail Improvements) as presented. REQUIRED VOTE FOR APPROVAL: Option # 1 requires a 4/5ths vote in favor from all members due to the proposed Special Assessment financing. Options # 2 & 3 only require a 3/5ths vote in favor as no Special Assessment financing would be required. FACTS: • The north 1 mile of Lexington Avenue (County Rd. 43) in Eagan is classified as a B- minor arterial. The northern 1/3`d segment was reconstructed and realigned when I- 35E was built in 1983 and is in need of a maintenance surface mill & overlay. The middle section is over 35 years old with significant distresses and does not meet current County structural design standards. To do so would require a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Rd intersection and is in need of only a maintenance surface mill & overlay. • Lexington Ave. has been programmed for this reconstruction/resurfacing in the County's Capital Improvement Program for 2004. As a part of its traffic management operations, the County will also restripe this roadway from its current 4-lane to a 2- lane (with center left turn lane) design incorporating a safety shoulder on each side. The City is proposing to install an off-road transportation trail along the east side from the existing trail segment just north of Lone Oak Rd. to Kenneth St. • In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable being financed from the City's Major Street and Trail Fund. All maintenance improvements (i.e. surface mill & overlays) on County roads are financed 100% by the County and do not require cost participation from the City. • On September 2, 2003, the City Council authorized the preparation of a feasibility report to summarize the scope, schedule, cost and financing of this improvement. ?D • Although Dakota County will design Project 877, they have agreed to combine Project 859 (TH 55/Lexington Ave/Blue Gentian Rd - Intersection Reconfiguration) and 877 under one contract with the City acting as the lead agency upon the City Council's approval of both projects. • On January 20, 2004, the feasibility report for Project 877 was presented to the City Council and a Public Hearing was scheduled for March 1 to formally present and discuss the report with the City Council and adjacent property owners. • An informational open house meeting was hosted by County and City staff on February 23, from 5:00 to 7:00 p.m. in the Eagan Room at City Hall. Of the 173 notices mailed out to representatives of the 35 Commercial parcels and 17 Residential parcels proposed to be assessed, as well as additional property owners within the adjacent area, 22 persons attended the informational meeting. • All notices were published in the legal newspaper and sent to all affected property owners informing them of the March 1 public hearing. • At that public hearing, the Council voted to continue consideration of this project to the March 16 Regular meeting. • The County will be available to provide additional information regarding the traffic volumes and projections along with some options for the Council's consideration and, along with City Staff, to address any further questions or concerns the Council or public may have. ISSUES: • Since County Road 43 (Lexington Ave.) is under the jurisdiction of Dakota County, all operational and maintenance improvements are the responsibility of that agency. Dakota County has evaluated the structural condition, past traffic volumes, future traffic projections, crash history and operational efficiencies and determined that it is timely and appropriate to perform a combination of structural and operational improvements. At a minimum, Dakota County will perform a structural maintenance mill & overlay along the entire segment of Lexington Ave. from Lone Oak Rd. to Hwy 55. This minimum maintenance improvement will not require any cost participation from the City of Eagan and, as such, does not require Council approval. However, it will not result in a roadway section that meets the County's structural standards for a 10 ton/axle load limit. Subsequently, it may result in the implementation of annual spring load limits in the future. • If the City is willing to participate in upgrading the middle section of Lexington Ave. to meet current County and City structural standards, it will require a cost participation agreement which results in the City levying special assessments to finance this local share. As part of this upgrade, the City would typically incorporate the reconstruction of all the commercial driveway entrances, where required, to meet the City's standards. Several of these commercial driveways are located along the unassessable maintenance overlay section (north and/or south segments) and were inadvertently omitted from the previous Preliminary Assessment Roll. A modified assessment roll is included with this packet. These additional assessments are adequately covered by the previous legal notices. • The installation of an off-street trail along the east side of Lexington Ave. to connect the McKee residential neighborhood to the City's Transportation Trail System is at 91 the City's option for either the County's base maintenance improvement or the cost participating structural upgrade. • The traffic management re-striping and lane configuration modification upon the completion of any improvement option is at the direction of Dakota County as the jurisdictional agency. ATTACHMENTS- • Project Map, page n r • Traffic Count & Forecast Maps, page and / J • Typical Street Section, page • Options Pros & Cons, page • Modified Special Assessment Roll, page 747Q., 494 TRAPP AVE. ATE EAGAN INDUSTRIAL RD. \T E ?F2 CU AVE. j O w 0 V) z co F1 vP?° >? A RD. 35E GEt City Project No. 859 / I U Mill & Overlay 43 ?PC?P Q14C KENNETH ST. 'Qp BEATRICE (" ST. Reconstruct McKEE ST. Replace Bftuminous, Curb & Gutter KEEFE (~n ST. wFsT SERO w 0:: Trail Mill O la V -J J w a ver y , J111 Lone Oak Road ? <" 717 2a P CLUBVIEW DR. ?Po 0 w Z U 0 APOLLO I Lemay 2 >° J Lake A 07 GEMINI RD. 0 500 ft 1000 ft Feasibility Report Figure Number 2 Lexington Avenue - Lone Oak Road to CP RR Crossing City Project No. 877 - City of Eagan, Minnesota Street Improvements Map t:\01555-00\Feas\877 (Lex Ave)\fig-02.dgn on 01% 1 MU RD. o ZD F -AM- 29M'tCNDOTA HEIGKTS u a RD. ti LJ ^ ?? 53•i vi l 37 ¢ ]v'1 o f/! v e131V?Iid ®MOH! T °° o O!F!O OP ° 9y o° CT a r CONC ORD L O 0940 o o a Q ¢ y'•1 Y jI W\ " a'J i o 44 994 _ZZ7?? 77? 77?? 71 . RD. GENTIAN NZ1AN C1R. RO oN??v °pe?. 00 TRAPP AVE. o e pa m `? J [1 0 EAGAN INDUSTRIAL RD. 55 1G?9 ® ® RTNY 53_ CCAREMONT DR Fy 54. BEDFORD CT. Fq ry 'Pp o RKY/P? S5. STOCKBRIDGE RD. A CQy 43 df o° a 56. MORSON CIR• ?oP?, .lypGs ¢ l ,(q 57. WJNTHROP CT. O,p F.?Op TRlQ! ® KENNETH ST. yF` . / PF ,[/f O BEATRICE ? ST. 149 w MCKEE = ST. 51 P?OP?? Hwe~ 35F KEEFE SY ??° o? ¢4RRO. O47,ES T. G Gt. WEST p.,? a d 0 Z c W . zO Ul RD. 0 $ $ " LONE OAK?g'? RD. 26 ?°• a o 4954 J Q < j 1 ter' ?? COURTHO ? 2 Qr CLUBYIEl4 ? --}-_ J (p LA APOLLO RD. 55 06a' Owl ® ?'' u COU°THOVS ® a o `? o RITA BL t'p > ' zo CT T? P? ?Y 4P, 000 xSALLY EAGAN GEMINI RD- G? O q CI R P LA 2000 POP. 63.557 i s 1Pa?P GVP o tid PO Z CHAPS N &T, z ° P? fI? r vC?i op AL!!11 T = JDRINDR W ROIL) lC fry ST b, pRIYYJ s? s e 49. FOREST RIDGE TR. oW ® fsZOE OR. Ovr b1ENA0E ? T27N R23W a PL. o FOOD ® 1011 ° aG? DR. IRONWOOD L. 4NOR? ?_ 15 14ERY RO- O 51. REDWOOD TT_ O d N ? 52. SPRUCE PT. 28 ? YANKEE caoOaoDLE R. 28 X75 00 WES COTT 44'0. INTER OR. a ® o o SQUARE 48.Q 47. EAGAN OAKS CT. w l9 (^9 \ AND RD_ 48. EAGAN OAKS LA_ R. CENTER D COCFV WESCOTT TR Y z I ` IF ° . Y 64. WOLFBERRY CT. CT. 65. THORW000 CT. 10KI PONDS OVERLOOK TRAIL 4i TAWARAC YIAt O'Leary MERGANSER CT_ z D DAKS PT. ¢L? Z Lak? KITTIWAKE CIR. WILD ROSE v TR. 1 0 CT. v ) PT Q1 Q DUCK?000 JAY Ip?? WOOD a b(, pe??hQ" OPPERMAN °DR. A cc O z ?" 5 s 1R CT MD r oP CRE4 9 w u. 37. 04KS LA ° 52 DUCKHOOD DR. ° BETTY LA. LA. TAN GE R T. FRANC! W 74V PA C' pAK?' d rt C7, N = S. G CL BIRD LA_ O C{)ES ti r O ® do FLIC KER z ND) C moo ?, CT T v O o ory G1R _ c H-?tp q1 V' JAY WAY h P? qR l O9 °a A:ot*b CIR. r Nj0 aG r y,P T yJ 8P 5S fn) p RIDGFyO w pOOD l ?o O Lt • o0 ? ° G o Cl E CZ _ - FALCON of ?A h QN?C`Gt. o u oy } ; z 5uN CT RF`sC 4, VFR>01, yE CT. <v TRE1; d ?a0tl K TlraBc o w 1 a o cT DE O o J ? 9` ; a a 2 Q° x J OP O ?? 5. HILLS S LA" 0 Q O O?FeFf NAfARK Y v o ?' " 2?,? 00 IN CT. E Hurley 4 o r 4P40 z CROSS Cl 0` 0 PWAYih OR siv- c- p N Ilk Lake a3 a ZZp?q p? RD. OoQO s ??? S Ro- INK- WESCOTT c?1??`'dd ? GREE?Clp a lA lq HILLS BRENTWOOD LN. )EN CT RD. y vi C7. W)ESCOTT RD. 936007°30'* r7/ / OG'Z I -VA-1c,;c Co +C Lexingtion Ave. Area 2025 Model Output/ Forecasts `` r F` - A Jl? I / <. L `? . - ?u o ? n 6 0 c7 ° G V it / ! ! oe s94 Qco 0 gr3 la'n I AMOLI c'o- u M.M m 25,r L.:_l 6 11 10 6 _.., n - ...._ 24 24 15 C?j I f L L_- Ln Hatched Area is Land Forecast To develop (2000-2025) Planned Land use bnaWM MIU+.",RMIWnW ht.wdU. Sk,& . F'" andR.RMtion 12 2000 Traffic Count l FWntl ROLdOLL Cantu" Mnpb Uw - S-W UNIT Open Sp. : RaMCbd U. w?• SiF-"R. W 1?°°w Influu nw AJ`p°n 28. 2025 Preliminary Forecast (ADT) EXISTING TYPICAL SECTION 11 26' 26' /4' 12' /2' /4' Lone Lone Lone Lane 86/8 CURB / B6/8 CURB (BIT CURB IN SOME LOCATIONS) EXISTING SECT/ON AT LONE OAK INTERSECT/ON 36' C 36' 14' 12' 14' 4' 14' /4' RIgIY/Ttru Lone SB Left Lone Lone Lane Turn Lone t 8618 8618 CURB -\ / CURB PROPOSED TYPICAL SECTION C 26' 1 26' B618 CURE Pavement Sections 2 MV3 Wear 2' MV2 Non-Wear Existing Pavement 0 Existing Aggregate Base Overlay I %z' MV3 Wear 2 %px MV2 Non-Wear 2 %p" LV2 Non-Wear -44 zzzz, ° 8 9' Class 5 Aggregate Base 2' Granular Subcut Reconstruct 2 AW3 Wear Ei Class 5 Aggregate Base Trail Section Feasibility Report Figure Number 3 Lexington Avenue - Lone Oak Road to CP RR Crossing City Project No. 877 - City of Eagan, Minnesota Typical Sections t:\01555-00\Feas\877 (Lex Ave)\fig-03.Cgn -*;1V 8' 12' ILI' 12' 8' lO' /O' Shld Lane Turn Lane Lone Shld Blvd Troll C O U N T Y Dakota County Transportation Department Western Service Center • 14955 Galaxie Avenue 3rd Floor Apple Valley, MN 55124 952.891.7100 • Fax 952.891.7127 www.co.dakota.mn.us Benefits of the 3-lane roadway • Capacity of 18,000 - 20,000 vehicles per day • Provides adequate capacity for Lexington Avenue • Provides dedicated lane for left turning vehicles • Demonstrated safety improvement over 4-lane • Improved drainage (storm water is not in driving lane) • Provides shoulder area for disabled vehicles or bicycles Option #2 Modified Project (Mill & Overlay) Advantages of a modified project: • Reduced overall project cost • Mill & overlay at County cost - no City participation • Short construction period (3 weeks) • Design life of 10 years • Buys time as area develops or redevelops • As property develops, right-of-way can be dedicated • Opportunity to evaluate 3-lane operation • Trail could be included - County/City cost split Disadvantages of a modified project: • Does not construct a 10 ton roadway • Lexington Avenue could be subject to spring load restrictions • Curb would not be upgraded to concrete Option #1 Reconstruction of Lexington Avenue (City Project 877) Considerations: • 10 ton design (legal traffic year round) • Concrete curb the entire length • Design life of 20 years • Higher construction cost • 2 - 3 month construction period • Requires City approval • City cost participation (assessments) 7? e m N Cfl in C) U) 0 N 0. 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PROJECT 790R, CENTRAL PARKWAY FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Close the Public hearing and adopt the Final Assessment Roll for Project 790R (Central Parkway - Streets and Utilities) and authorize its certification to Dakota County for collection. FACTS: • Project 790R provided for the installation of streets and utilities creating the new alignment of Central Parkway between Yankee Doodle Rd and Pilot Knob Rd providing the needed access for the development of the Central Park and Duke Realty (Argosy) property. • This project was constructed under Contracts 01-04 and 02-09, has been completed, all related improvement costs tabulated and the Final Assessment Roll prepared. This Roll was presented to the Council on March 2 with a Final Assessment Public Hearing scheduled for March 16. • All notices have been published in the legal newspapers and sent to all affected property owners. Two of the assessable properties (Perron Family & Duke Realty) have signed waivers to the public hearing process and any related rights to object. Northwest Airlines and Unisys are being assessed for their related Trunk Area Storm Sewer based on their previously unassessed parcel areas and 2002 rates in effect at the time of the original public hearing when the project was approved. Lockheed Martin's proportionate share of the improvement's costs are borne proportionately by the City's Central Park and Duke Realty property based on a previous existing agreement in effect at the time of purchase. ATTACHMENTS: • Final Assessment Roll summary, pages through ?4 . 79 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - Project 790R ASSESSMENT - March 16, 2004 NAME - Central Parlcway/Northwondc Parkway IMPROVEMENT- March 19, 200/r nuary 16, 2001 Dili and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL FINAL RATE SANITARY SF WER TWITS RATE IRNTT STORM SEWER ? Trunk 0 Trunk Si 3 Sa_ Ft_ ? Lateral ? Service ? Lat. Benefit/trunk WATER ? Trunk ? STREET Gravel Base 0 Lateral S79,953 L_S.. 0 Central Parkway %106105 I.E. ? Service ? Multi Fam Equiv. ? Lat. Benefit/trunk ? WAC ? C/I Equiv. ? Trail/Sidewalk OTHER STREET LIGHTS Completion ? Installation CONTRACT NO. OF INTEREST AMOUNT CITY MOL PARCELS TERMS RATE, ASSESSED FINANCED 01-04/02-09 fi 15 Years 550% 53.539,714.77 934,493 03 ga MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R. WOBSCHALL, FINANCIAL CONSULTANT DATE: February 20, 2004 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 790R STREETS AND UTILITIES The City Council at the conclusion of the public hearings on March 19, 2002/January 16, 2001 ordered Project 790R. According to the feasibility report, the following improvements, raw water main, water lateral, storm sewer lateral, trunk storm sewer and street were to be constructed and/or assessed. In the feasibility report, it was proposed to assess the street, street drainage and water lateral improvements using a linear method of assessment and trunk storm sewer using an area method of assessment. A condition for acquiring the property (Lot 2, Block 1, Unisys Park 2nd Add) from Lockheed Martin was that their property not be assessed for the various improvements. The construction of the improvements was accomplished under Contracts 01-04 and 02-09, which have been completed. The assessment hearing is scheduled for March 16, 2004. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $2,653,581.03 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of: engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $1,422,302.80 and easement costs totaling $398,323.96 were incurred resulting in an improvement and project cost of $4,474,207.79. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT IMPROVEMENT COST & EASEMENTS COST Street Costs $2,295,520.67 $1,218,773.63 $3,514,294.30 Trunk Storm Sewer 173,545.82 87,592.37 261,138.19 Water Lateral 53,135.00 26,818.40 79,953.40 Traffic Signal 37,982.00 19,170.35 57,152.35 Raw Water Main 93,397.54 47,139.78 140,537.32 Easements 421,132.24 421,132.24 Total $2,653,581.03 $1,820,626.76 $4,474,207.79 2 8l H. ASSESSMENTS A. TRUNK ASSESSMENTS Storm sewer trunk assessments were proposed at the public hearing for this project and will be proposed in this assessment roll at 13.5 cents per square foot. This is the 2002 assessment rate quoted in the feasibility study. B. UTILITY LATERAL AND STREET IMPROVEMENTS 1. Street Improvement with Drainage Central Parkway was extended from Yankee Doodle Road to Pilot Knob Road and then east of Pilot Knob Road as Northwood Parkway. The construction cost was $2,295,520.67. Other costs in the amount of $1,158,599.43, which includes a portion of the easement costs in the amount of $60,174.20 were allocated to the construction costs resulting in an improvement cost of $3,514,294.30. The assessable cost was determined by reducing the improvement cost by the cost of Northwood Parkway east of Pilot Knob Road. That cost is computed at $452,099.70. The resulting cost of $3,062,194.61 is assessable to the benefited parcels. The feasibility report called for this improvement to be assessed using a linear method to only the property located on the west and north side of Central Parkway. IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $3,062,194.61 2,886 L.F. $1,061.05/L.F. The assessment to the Duke Realty property and the Perron property will be allocated under methods allowed by various agreements. 2. Trunk Storm Sewer Improvement The trunk storm sewer improvement consists of a lift station, force main and gravity main to provide an outlet for Pond CP4. The cost to construct the lift station and its appurtenances amount to $161,795.82. Other costs that total $85,879.37 were allocated, which results in an improvement cost of $247,675.19. This improvement will be financed by trunk area storm sewer assessments to: Lot 2, Block 1, Unisys Park, (168,192.99) Lot 3, Block 1, Unisys Park ($229,378.78). 3. Water Lateral 1,599 feet of eight inch DIP and appurtenances were installed at a construction cost of $53,135.00. Other costs in the amount of $26,818.40 were allocated resulting in an improvement cost of $79,953.40. The feasibility report called for this improvement to be assessed to the properties served. The assessment to the Duke Realty property and the Perron property will be allocated under methods allowed by various agreements. 4. Raw Water Transmission Main The contractor installed 1,958 feet of 16-inch DIP at a construction cost of $93,397.54. Other costs in the amount of $ 47,139.78 were allocated resulting in an improvement cost of $140,537.32. This improvement will be financed by the Water Division of the City's Utility Enterprise Fund. 5. Traffic Signal The signal improvements included hand holes, conduit and the revision of the existing signal system at the intersection of Yankee Doodle Road and Central Parkway. The hand holes and conduit were installed to provide the future installation of a signal at the intersection of Pilot Knob Road and Central Parkway. These improvements were installed at a construction cost of $37,982.00. Other costs in the amount of $19,170.35 were allocated resulting in an improvement cost of $57,152.35. The traffic signal improvements are to be financed by the City's Major Street Fund. Dakota County will be billed 50% of these costs. 6. Easements The City paid $839,984.66 to acquire land for right-of-way for Central Parkway and Northwood Parkway. Interest in the amount of $107,173.85 was allocated resulting in a cost of $947,158.51. The City previously assessed $501,834.90 of this cost to the Duke property. This assessment was allowed under agreement acquiring the property. The balance of the easement costs $445,323.16 are to be financed by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE (RESPONSIBILITY) Street Costs $3,514,294.30 $3,062,194.60 (452,099.70) Trunk Storm Sewer 261,138.19 397,566.77 136,428.58 Water Lateral 79,953.40 79,953.40 0 Raw Water Main 140,537.32 (140,537.32) Traffic Signal 57,152.35 (57,152.35) Easement 421,132.24 (421,132.24) TOTAL $4,474,207.80 $3,539,714.77 ($934,493.03) <Z3 The following City Funds will provide noted financing of the City Responsibilities for the Projects 790R and 768. FUND AMOUNT Major Street Fund $930,384.29 Utility Enterprise 140,537.32 Storm Sewer Trunk (136,428.58) TOTAL Gerald R. Wobschall Reviewed F-- olgg?? Public Works Dep ent Dated Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I 5 $934,493.03 ,F? 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N 0 W N 0 Q 0 a a 5s a. 3 Agenda Information Memo March 16, 2004, Eagan City Council Meeting OLD BUSINESS A. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER ACTIONS TO BE CONSIDERED: To approve (OR direct findings for denial) a Rezoning of 6.9 acres located at 4225 Lexington Way from R-1, Single family residential to PD, Planned Development. To approve (OR direct findings for denial) a Preliminary Subdivision (Lexington Ridge) to create 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the '/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. To approve (OR direct findings for denial) a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the northeast'/4 of Section 27; subject to the conditions listed in the Advisory Planning Commission minutes. OR Deem the plan modifications significant and direct the applications back to the APC for Public Hearing at the earliest available date. ? Items in bold represent new information REQUIRED VOTE FOR APPROVAL Majority of Quorum FACTS: ? At the March 1, 2004 City Council meeting the applicant agreed to a continuation of this item to the March 16, 2004 and the Council asked the applicant to work with staff to develop a revised development plan that would provide access to the site via the Diffley/Lexington Way intersection and address to respond to several other issues raised at the meeting. ? In response to a letter regarding the Council direction that staff sent on March 2, 2004, the applicant met with staff on March 5 and reviewed means of responding to the Council direction. On March 11, 2004, the applicant submitted modified plans and a revised narrative reflecting the Council discussion, including access to the site from the Lexington Way/Diffley Road intersection, clustering the proposed units to the S7 east end of the site and provision of a conservation easement on the west and north sides of the property. ? The City Attorney reviewed the revised plans and does not believe the modifications establish a change of such significance to warrant the application to be directed back to the APC. However, the City Council must ultimately make the determination on the significance of the modifications. ? The revised plans maintain the sixteen townhome units (17 total lots); however, the units are shifted to the east resulting in a structure setback from the west property line of over 100' at the closest point, and a conservation easement has been designated along the west and north portions of the subject site. ? Staff have reviewed the modified plans v. conditions of approval from the APC minutes and all conditions still apply except: ¦ Condition # 8 will need to be modified prior to Final Subdivision approval to properly reflect affected trees to be preserved. ¦ Condition # 15 should be replaced with "The developer shall be responsible for constructing a street and bituminous trail to current City standards from the development site to the existing park access at Diffley Road and Lexington Way. ¦ Condition # 17 should be replaced with "The developer shall prepare and submit a conservation easement agreement for review and approval by the City Attorney prior to Final Subdivision approval." ? The applicant has discussed the proposed revised development plan with Tony Caponi, the neighboring property owner and developer of the Caponi Art Park property. Mr. Caponi has submitted comments indicating that, if the development is to be approved, he believes that a chain link fence and an appropriate landscape buffer between the development and the Art Park amphitheater should be installed. If the Council acts to approve the application, it may wish to add these two items to the conditions of approval. ? At the February 3, 2004 City Council meeting that applicant agreed to continue this item to the March 1, 2004, in order to work with staff to provide pros and cons of access from Diffley Road and access through the park. ? The subject site contains an existing single family home and several out buildings. The single family home has access through the Lexington/Diffley Park by easement. ? The site is zoned R-1 single family residential and Guided Low Density Residential (0-4 units/acre). ? The proposed density is 2.7 units/acre, which is consistent with the Comprehensive Land Use Plan. Due to the topography, vegetation, and costs associated to upgrading Diffley Road, the applicant is proposing cluster townhomes on part of the site through a Planned Development zoning. ? Access is proposed via Diffley Road. ? In 2003, the City received two applications for R-1, single family development of this property, the first application was directed for findings of denial (but withdrawn) based on access through the park, and the second application was withdrawn by the applicant due to costs associated to improvements to Diffley Road. ? The Advisory Park and Recreation Commission reviewed the current application on January 15, 2004 and recommended approval. 88' ? The Advisory Planning Commission held a public hearing on January 27, 2004 and recommended approval. ISSUES: ? The City Council gave direction at the meeting of March 1 regarding potential modifications of the proposed development plan, but has yet to take action on any aspect of the applications. The applicant submitted revised plans on the basis of that direction. ? Staff and the City Attorney have not determined the changes in the revised plan to be significant enough in comparison to the original application to automatically require the proposal to be returned to the Advisory Planning Commission to have a new public hearing, however, a final determination in that regard is a prerogative of the City Council. If the Council deems it necessary to return the matter to the Planning Commission, it will be necessary for the applicant to agree to agree to further waive the statutory timeline for action or for the City Council to direct findings for denial of the application before it. ? If the City Council determines that the changes are not significant enough to warrant a new public hearing, then an action should be taken on each of the items outlined under the action to be considered above. ? Tony Caponi and several Friends of Eagan Core Greenway group stated they are not in favor of this development and would like to see it become park property. ? The Advisory Planning Commission requested that information be provided to the City Council regarding fire emergency vehicle response time (a memo regarding fire response time and issues is attached) ? The Advisory Planning Commission requested examples of properties within Eagan that have similar slopes to this proposal. Nicols Pointe and Rocky Lane are examples of private streets that have similar slopes to this proposal. Murphy Parkway is a public road that has an even greater slope than Lexington Ridge, but Murphy Parkway is publicly maintained. ? Eagan Fire and Police would prefer access to this site through the Lexington/Diffley Park site. There is a concern with the access onto Diffley as proposed. Police has concerns with u-turns and other illegal traffic movements with the right in-right out access. A memo from Community Development Director Hohenstein summarizing the history of the access issue and concerns is attached. 120 Day Agency Action Deadline: April 15, 2004 ? A waiver has been signed for the Preliminary Planned Development and the Rezoning. ATTACHMENTS (11): March 2, 2004 Staff Letter to Mr. Miller on pages _?I- through -72. g9 Revised Narrative from Mr. Miller on pages 9 through Revised Development Plans on pages through 106. E-mail from Tony Caponi on page I. /U,2 Additional correspondence received since March 1, 2004 on pages through A957 Advisory Planning Commission Minutes on pages/ through. Planning Staff Report pages through in 01, Memo from Community Development Director Hohenstein on pages ?O through Letter from Tony Caponi on pages through tS?3. Memo from the Fire Marshal on page Planned Development Ordinance on pages through /57ol 90 March 2, 2004 Ray Miller Millerville, Inc. 1566 Murphy Parkway Eagan, MN 55122 Dear Mr. Miller: As you may be aware, in action taken at the meeting of March 1, 2004, the City Council continued consideration of your planned development and preliminary subdivision applications associated with the Lexington Ridge proposal. In taking that action, the City Council expressed consensus for the consideration of a revised development plan that would take its access by a public street along the northwest corner of the Lexington - Diffley Park property from the Diffley Road - Lexington Way intersection to the east side of your development site. The Council directed staff to work with you on a revised plan that could be presented for consideration. The extent to which the proposed plan differs from proposals that have been previously presented for public hearing will determine whether the proposal can be acted upon by the Council or needs to be returned to the Planning Commission for public hearing. We will address that with you in more detail when we have a chance to meet. In reviewing a proposed modified development plan, the Council identified the following issues that will need to be addressed: • The development plan should cluster units to the east as much as practical to provide the maximum buffer between the construction and the Caponi Art Park amphitheater property to the west. • The development should consider the potential for fewer than 16 units if that will accomplish the clustering and buffering proposed above. • The development should consider the identification and dedication of a conservation easement over undisturbed portions of the property, most likely to the north and west sides of the property. `T/ The planned development should restrict additional site improvements or out buildings that would conflict with the Council's expectation of buffering to the west. I have asked our staff to coordinate a meeting with you at the earliest possible time so that these questions can be addressed prior to the City Council meeting on March 16. As part of that discussion, we will determine whether the application needs to be withdrawn or can be modified in a way that would permit the Council to act. If you have any questions, please to contact Sheila Cartney, Mike Ridley, or me. We look forward to meeting with you at the earliest possible time to resolve these issues. Sincerely, Jon Hohenstein Community Development Director cc: Tom Hedges, City Administrator Mike Ridley, City Planner Sheila Cartney, Planner Ken Vraa, Director of Parks & Recreation Tom Colbert, Director of Public Works Mike Dougherty, City Attorney ?0?, Written Narrative for Lexington Ridge Development The developer is proposing the development of 16 town house lots in a single-phase development. The existing land use consists of one single-family home. The home has been on the site for many years. No known wetlands are located on the site. The developer previously submitted two separate subdivision requests under the same name that proposed 8 single-family residential lots. The first had access through the Lexington/Diffley Athletic Fields. The Council denied access through the Park. The second had access from the West property line off Diffley. Dakota County submitted their response by requiring the developer to have a right hand turn lane and a right-in/right-out median. Both applications were withdrawn and a third submittal proposed access off of Diffley Road from the East property line, using the existing curb cut, and allowing for the County's requirements stated above. The revised application included a change from the 8 single family lots to a PD with 16 Townhouse lots. There were safety concerns raised by the Council regarding the proposed access off Diffley. Staff was asked to develop a list of "pros and cons" in regard to access off Diffley or the Lexington Diffley Park. On March 1, 2004, after the report was presented the Council decided to direct access for this development around the Northern edge of the Park. This proposal is a combination of the two previously submitted plats with minor modifications. From the first submittal we revived the access along the edge of the Park with a cul-de-sac toward the Westerly side of the property. City Staff has suggested the pubic street changes in the Park as depicted in the proposed plat. From the second submittal we are retaining the 16 Town house lots and the cul-de-sac at the Easterly side of the property. The units are in relatively the same position with minor adjustments to move the "cluster" to the East and to have four units now enclose the West cul-de-sac. The property is currently guided R-1 (0-4 units per acre) for single-family residential development. The current zoning would allow for 23 units (5.93 acres at 4 units per acre). The density is not changing and therefore no change in the Comprehensive Guide Plan is required for this project. However, we will be requesting a zoning change to PD. The surrounding land uses and zoning within 660 feet of the development consist of the existing Diffley Road, the Lexington/Diffley Athletic Fields, the Caponi Art Park along with an existing planned residential development south of the Lexington/Diffley Fields and an agriculturally zoned but low-density guided parcel north of the site west of Lexington Way. Site grading will be minimized to fit the town homes, to the extent possible, within the existing vegetation. The site is heavily wooded. Based on the preliminary grading plan, the estimated tree loss will be 20 percent of the total site. No tree mitigation plan is necessary for the submittal but eighty-two tress will be planted. The utility infrastructure will start at existing adjacent properties. Water service is available from a stub out of a parking lot east of the property line within the athletic field complex. Sanitary sewer service is also available from the Park southeast of the property. Storm sewer will be discharged to the existing storm sewer in Diffley Road. The developer will provide a private access easement throughout the development. q3 The pond located at the northeast corner of the property will provide storm water ponding for quality and quantity. This pond currently perks as evidenced by no existing wetland vegetation. Water from the northern portion of the property will be collected in this pond. An outlet control structure will be constructed to control post-development flow to pre-development rates. This proposed development would provide the City of Eagan several benefits. First, the access through the Park will provide a savings of over 40% of the trees that were to be removed if access was taken from Diffley Road. Second, the developer is willing to grant approximately 1/3 of the parcel as a conservation easement from the North and West property line, 125 feet and 75 feet in width respectively. Third, the developer has provided for privacy to the Caponi Art Park located on the West property line by providing substantial landscaping as a visual buffer; the developer is proposing to build a berm with deciduous landscaping behind the West units and an additional buffer for the Caponi Art Park of at least 20 coniferous trees adjacent to the property line at approximately the 990 elevation. If it is desired by the Eagan Core Greenway group and approved by the City Staff and Council the developer would also remove the barbwire fence on the West property line and replace it with an unobtrusive fence. Fourth, the developer is providing a unique plan to the City of Eagan. The urban quaint development of Lexington Ridge will provide another fine example of Eagan's foresight into City planning and will provide a unique housing architecture to the City. Lexington Ridge will be a private area with entrance exclusive to the development. The development is intended to mimic the experience you would imagine of an urban street in that it will be closely confined, well manicured and landscaped. The facade of each residence will be of similar materials but different enough in its architecture to provide visual interest. The garages will be hidden from the street so the house will be the dominant feature. The street will be a combination of cement or bituminous and pavers, colored concrete or colored bituminous as depicted in the drawings. The landscaping plan is extensive and depicted in the drawings by an overall plan for the development and a typical plan for each of the units A and B. The house materials will be a combination of cement fiber-board (Hardi plank), stone or stucco, and cedar shingles. Soffit and fascia will be either cedar or Miratech (a pre-primed hardboard.) There will NOT be any aluminum or vinyl used on any part of the houses except for the windows; they will be aluminum clad. The entry doors and garage doors will be custom. The roof will be a 30-year asphalt shingle or a new recycled rubber roof imitating the look of slate. As you see depicted in the renderings, the architecture is stunning and detailed. This development will prove the test of time in its enduring architecture. To ensure the development maintains its architectural appeal, a Home Owner's Association will be formed to provide overall maintenance and to control the use of the property to eliminate the potential for building other structures. It is the developer's intention, upon receipt of preliminary plat approval, to prepare final engineering plans in anticipation of a spring 2004 start of construction. It is the intention to complete the public streets and utility infrastructure in the summer of 2004. Concurrent with the construction of the public infrastructure, the development of town homes will be underway with expected occupancy of by the end of 2004. It is anticipated that the construction of all town homes will be complete by 2006. HE;,"?ydJ 2004 I, I, 11 III , I'I ? Iii jl I _J ?I ,, ,I ,I .l` I'.I 1 I;I ? I II r +, II II 11 III; J? I, ?, I, I, I, I 11 I, I, III LI I. 11; P I, I, I, II^o' I'rn? it O Z 2 III II' r 11 111O 4 11 d II' I ; Q '1 (IIM I I 1 ?I11 1 I I I 111 111 1, 11 1 1i III 1, 11, e9 111 III I I, I I III 1 I IIII _ I \ \ >A ?? ?_ A bS ? .1 l( 1 \ \ ? ? 'I ? / 1 L J; L -J 1 \ \ \ \ \ / , \ I I ( ?? A-/ /-moo ?? 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E E a H n F v j z P d O 6 s 3 Is b a Y? Ta e & ? .? yp y? ' E S E S 6 y o x -, x a a I I I I I I b z Y ? 5 ? Y W1? J g m a m tl m tl m tl a ? ? m = m m ? z 7n I j m z a ? m E ii3 s ?a as as < U V O o U U VI In U , 7 use 5191 44 ? 5? IEt UI ffig alp S g?y$y?1 $q l6ti5 - WOL 01 v on E.P'3dV3SO 1-30, INOdY3\11 3Ld\s 33Hs NY d\AKd° d I \3TIl tl311IY1\ J ??33? Page 1 of 2 Mike Ridley From: Jon Hohenstein Sent: Thursday, March 11, 2004 3:59 PM To: 'Anthony Caponi' Cc: Tom Hedges; Ken Vraa; Mike Ridley; Dougherty, Mike Subject: RE: Lexington Ridge Development Tony, Thank you for following through with this email to confirm our discussion. We will follow up with the developer and the Council regarding these agreements/conditions. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 johenstein@cityofeagan.com -----Original Message----- From: Anthony Caponi [mailto:anthonycaponi@gbronline.com] Sent: Wednesday, March 10, 2004 7:39 PM To: Jon Hohenstein Subject: Lexington Ridge Development As per our phone conversation of today I am sending you this email about my concerns in regard to the Lexington Ridge development. I would prefer that there was no development on these 6-acres but on the assumption that the City Council will grant rezoning and allow the project to go forward I met with Mr. Miller on March 9th to register my concerns. We discussed distancing the buildings from the Art Park and how to resolve the issues of park security, landscaping and sound abatement. Regardless of which specific plat the Council finally accepts these issues need to be addressed. Mr. Miller committed himself to the following remedies: Park Security Mr. Miller agreed to replace the existing barbed wire fence between the Art Park and the development with a chain link fence the same height and specifications as the City required for the fence inside the Diffley Road underpass. We did not determine who would own the fence and therefore be responsible for its maintenance. Landscaping and Sound Abatement Mr. Miller agreed to plant trees on the development side of the fence as a visual and sound barrier between the two properties. He said he would use evergreens because they stay dense year round and mature quickly and that he would use sizable trees so they would function immediately. He also said he would mix the planting with other under-story vegetation to increase its effectiveness as a sound barrier. We did not specify the what kind of trees or how may will be needed to achieve the desired effect. I suggest that the City help with the specific language to clarify and formalize this agreement. 3/11/2004 /o/ Page 2 of 2 Sincerely, Anthony Caponi 1215 Diffley Road Eagan, MN 55123 651.454.4338 3/11/2004 /oa Page 1 of 1 Mike Ridley From: Mira McGarvey Sent: Thursday, March 11, 2004 8:20 AM To: 'FRED L HAUENSTEIN' Subject: RE: Eagan Core Greenway Your message has been forwarded to the City Council. Thank you for your comments. -----Original Message----- From: FRED L HAUENSTEIN [mailto:fhauenstein@msn.com] Sent: Wednesday, March 10, 2004 10:22 PM To: City Council Subject: Eagan Core Greenway To our City Council: I am writing you to lend my support for your decision of retaining the Miller development as single residential zoning. If the property must be "sacrificed" to development at all, then let us at least try to keep it as open and uncongested as possible. Also, I would like to voice my support for keeping the Eagan Core Greenway as intact as possible in this decision and in the future. It is a very important corridor, not only for wildlife but for the enjoyment of the residents, and the value of the community. Eagan's well laid out green spaces have always been one of the most attracting features to this city. These open spaces are also widely used by its residents. Finally, I would like to respectfully add that I personally feel Eagan has more than enough of the 600,000 dollar housing units. Thank you for taking the time to listen to my viewpoints. Respectfully submitted, Cathleen Hauenstein 1131 Parkview Ln. 3/12/2004 103 Mike Ridley From: Mira McGarvey Sent: Thursday, March 11, 2004 2:03 PM To: 'Don Holmes' Subject: RE: Miller Development Your message has been forwarded to the City Council. Thank you for your comments. -----Original Message----- From: Don Holmes [mailto:donholmes8@mac.com] Sent: Thursday, March 11, 2004 10:09 AM To: Mike Maguire; Meg Tilley; Pat Geagan; Peggy Carlson; Cyndee Fields Subject: Miller Development Esteemed Members of Eagan City Council, Please consider the following points as you come to a decision regarding rezoning of the Miller property next to the Art Park. There are considerations that must be given to the developer, but it is important that the city also receive benefit. I appreciate your consideration: -Alternative to rezoning would presumably be the 8 home plat presented in October of 2003. Contours of the land suggest it would be difficult and expensive to build more homes there. (If you have not seen this plat, it's at the following location on the net; apologies if this is not a link and has to be copied: http://www.friendsofpatrickeaganpark.org/e-group_postings/Miller_8unit_Plat2 •j p9 ) -That October plat should be the basis for comparison with the 16 unit plan as it is the single residence alternative offered. -Rezoning should only be done if there is a clear public benefit. -Eagan desires to save trees and move units as far from the Art Park as possible. Mr. Miller desires to build his development with more units than he originally suggested, which would give him a better profit. -There should be a bargain struck where both sides receive something substantial. -Eagan is offering a considerable advantage with a road through the park and should receive a significant improvement in return. Mr. Miller would save quite a bit of money if the road is through the park on level ground instead of on the steep slope on his property. -Eagan should request a reduction in the number of units from 16 to 8, ?D'f 10, or at most 12 in order to keep the residences as far from the Art Park as possible. -Failing that, the 8 home plan would have residences in harmony with the surrounding area, and there would be no reason to rezone. Thank you again for your consideration. Sincerely, Don Holmes 936 Waterford Drive East Eagan, MN 55123 (651) 365-0150 donholmes8@mac.com /050, APC 71INUTES JANUARY 27, 2004 C. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MILLERVILLE, INC. A Rezoning from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots and a Preliminary Planned Development to allow 16 townhomes on property located at 4225 Lexington Way South in the NE 14 of Section 27. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 20, 2004. She noted the background and history. Ray Miller explained that at the APrC meeting there was discussion with concerns about the vicinity of this property in conjunction with the surrounding park properties. He stated concern of noise and visibility of the park from the townhome development. He stated the townhome development was moved to the furthest corner of the site to separate the park and the townhome development. Chair Heyl opened the public hearing. Jack Conrad, 782 Sunset Drive stated concern with the loss of green space. He is part of the The Friends of Eagan Core Greenway. John Word, 1634 Murphy Parkway displayed and discussed a map of the related parks. Mr. and Mrs. Tony Caponi, 1215 Diffley Road, presented a letter dated January 27, 2004 regarding: Reasons to deny the Lexington Ridge multi-family development application submitted by Millerville, Inc. They displayed a map of the area and discussed the areas highlighted in the letter. They are opposed to the subject site developing. Laura Hegland, Wilderness Run Road stated the land is one of the most beautiful areas because of what Mr. Caponi has done. Mr. Conrad discussed funding that was raised for another local park and stated the same could be done for this park. Member Steininger questioned whether or not there was funding available right now to purchase the subject property. Mr. Conrad stated there aren't funds readily available, but we are working on it. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Advisory Planning Commission. Assistant City Engineer John Gorder addressed the site drainage and ponding on the property. He also discussed roadway safety and police department concerns. He discussed the medians and safety concerns in regards to location of the median. Mr. Miller stated berming and fencing would not prevent the noise going either direction. He stated a separation barrier has been considered, along with the development being moved further to the east. He stated lighting has not been discussed, however he is open to discussing less intrusive lighting. He suggested that the fire department dispatch from another close fire station to avoid the difficult turn /06 APC MINUTES JANUARY 27, 2004 around. He stated he attempted to contact Mr. Caponi regarding the contract with his son. He explained that he told them that he would back away if someone wanted to purchase the property for park property. Assistant City Engineer Gorder explained that three fire stations would be called for this location, if needed. With the three stations being called, two of the three would have to make a u- turn to access the property. He stated a minute to a minute and a half would have to be added to the response time to make the u-turn. He stated the access road through the park is not plowed during the winter, so access through the park would not be an option during all four seasons at this time. Member Bendt asked if there is adequate space for a turn around within the site. Assistant City Engineer Gorder stated there is adequate room for a turn around within the site. Member Bendt inquired about the type of median that is proposed for Diffley Road. Assistant City Engineer Gorder stated the median would be six feet wide. He also explained that in order to lengthen the median, the road would have to be widened. City Planner Ridley explained that access through the park is prohibited by current City policy. He discussed turning options from west bound Diffley Road into the site. Chair Heyl stated difficulty with left hand turns on Eagan roads, without added complications. She stated the noise and light would not be coming from the townhomes as much as it would be from the park. She stated the proposal is the best thus far. If Dakota County or private citizens would like to purchase the property, the developer has said that he would back away from his plan if he were reimbursed for his costs. Member Steininger stated the residents could buy the property if they choose, but they can not expect the developer to wait forever. Member Hansen stated the points made against the proposal are valid. He stated opposition to the proposal due to unanswered questions and safety issues. Member Leeder explained that improvements had been made to the proposal; however he still has safety concerns. Member Bendt stated the proposal is good, however he would ultimately like to see the property remain green and undeveloped. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way in the northeast Y4 of Section 27. A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. 107 4 APC MINUTES JANUARY 27, 2004 Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 2, 3, 4, C1, 2, 3, D1, El 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Developmentshall be responsible fora cash trai_I_sdedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. 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 and off-site (i.e. park trees). 10. To require that the applicant contact the City Forestry Division and set up a preconstruction 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. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development. 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. /o r RRUA FPSr 2004 15. The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. Chair Heyl stated the response times would be beneficial to look at. A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. Member Steininger moved, Member Heyl seconded a motion to recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast % of Section 27, subject to the following conditions: The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan A vote was taken. Aye: Chair Heyl, Members Bendt, Steininger, and Leeder. Nay: Hansen. Motion carried 4-1. IV. OTHER BUSINESS City Planner Ridley stated that an APC workshop will take place on Thursday February 12, 2004 unless the Commission is notified otherwise. V. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) 6 Al 9 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 20, 2004 APPLICANT: Ray Miller PROPERTY OWNER: Remo Caponi CASE: 27-PS-24-12-03 HEARING DATE: January 27, 2004 APPLICATION DATE: December 17, 2003 REQUEST: Rezoning, Preliminary Subdivision, Preliminary Planned Development PREPARED BY: Sheila Cartney LOCATION: 4225 Lexington Way COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from R-l, single family residential to PD, Planned Development, a Preliminary Subdivision (Lexington Ridge) to create 17 lots for 16 townhome units and a Preliminary Planned Development for property located at 4225 Lexington Way in the northeast'/4 of Section 27. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be 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 of two-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. Preliminary Subdivision: //o Planning Report - Lexington Ridge January 27, 2004 Nee 2 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 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 Planning Report - Lexington Ridge January 27, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In 1994, an application for rezoning this property from Agriculture to Single Family Residential and an 11 lot subdivision (Vantage Point) was proposed for this parcel. The proposal indicated access to these lots would be through Lexington/Diffley Park. The City Council denied the subdivision largely due to the proposed access through the park. The rezoning was approved from Agriculture to R-1, Single Family Residential. In July 2003, an application for an eight lot subdivision (Lexington Ridge) was proposed for this site. The proposal indicated access to these lots would be through Lexington Diffley Athletic Fields. The City Council denied the subdivision; one major contributor to the denial was the access through the park. The applicant withdrew the application prior to Findings of Fact For Denial were adopted. After withdrawing the subdivision application in July the applicant reapplied for a similar subdivision with access via Diffley Road. After Dakota County Plat Commission review and comments the applicant withdrew this application based on the expense to of county required improvements to Diffley Road, the applicant has a new proposal, with a higher density that responds the cost of upgrading Diffley Road for the new access. //,2, Planning Report - Lexington Ridge January 27, 2004 Pane 4 EXISTING CONDITIONS There is an existing single family home on the subject site and several out buildings. The existing single family home has access through the Lexington/Diffley Park by easement. The subject property has frontage on Diffley Road, there are many mature trees and vegetation throughout the property, and there is significant topographic changes on the north side of the lot SURROUNDING USES The subject property is surrounded by Park land, property zoned Park and Guided for Park use. EVALUATION OF REQUEST 1. Preliminary Planned Development Proposal - The applicant is proposing to subdivide the property into 17 lots, for 16 townhouse units and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association, which will oversee the maintenance of the area. The townhomes will be in a 2-plex or a 4-plex configuration. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." The street will be a combination of bituminous up to the entrance into the development then cement and pavers or colored concrete will be used. Compatibility with Surrounding Area - The subject property is directly surrounded by Park property. Properties to the Northeast have residential and commercial uses. In 1994 this property was rezoned from Agriculture to Single Family residential. At that time single family residential development was deemed compatible with the surrounding area. The Comprehensive Land Use Plan designates this parcel for Low Density Residential, 0-4 units/acre; the proposed subdivision is consistent with this designation. Architecture/Building Design - The zoning ordinance does not have specific architecture requirements for residential development. However, with the request to rezone to Planned Development it is expected that the proposal provide components not noramally required of standard development proposals. The proposed residences will have similar materials but varied enough in its architecture to provide some distinction between the units. The proposed building materials will be a combination of cement fiber-board (Hardi-Plank), stone or stucco, and cedar shingles. The only aluminum or vinyl materials will be used for the windows. The garage doors and entry doors will be custom designed for each unit. The color renderings offer great detail. 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 //3 Planning Report - Lexington Ridge January 27, 2004 Page 5 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. Bulk Standards - This proposal is reviewed under the R-3 zoning district minimum and maximum standards. Setbacks - As the table below indicates the proposal meets all of the standard setback requirements except for the 20 foot building setback from a private road, the building setback from the rear property line and the, side setback for parking. Setback requirements are not established in a Planned Development zoning. Setback Building Parkin Ordinance Proposed Ordinance Proposed Front yard: Diffley Road 50 feet 200 feet 20 feet -290 feet Front yard: Private Road 20 feet 10 feet Side yard: 30 feet 36 feet- __ -20 feet 15 feet Rear yard: 30 feet 15 feet 20 feet --35 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. According to the applicant 39,332 square feet of buildings cover the site, which is about 15 percent. Building Height - Building height is limited to 35 feet in height. The applicant indicates the building height from the street to the highest peak of the roof is 30 feet. The submitted plans do not indicate building height; the applicant is required to submit such plans with final subdivision and final planned development. Landscaping - The submitted Landscape Plan lacks detail and is not acceptable. The applicant's narrative indicates there is an extensive Landscape Plan for this development. The submitted plan indicates the larger species of trees for the site, but not the decorative landscaping that would be suitable for this proposal. Staff suggests the applicant work with staff on a revised plan for Final Planned Development approval. The Landscape Plan indicates some of the existing trees and woodlands to remain, which can be used for screening purposes from Diffley Road. Parkin - The zoning code requires at least one enclosed parking space per unit and at least one outdoor parking space per unit. The site plan indicates two garage stalls per unit and two parking spaces within the unit's driveway. The plan also indicates there are eight visitor parking stalls separate from the driveway parking. The proposed stalls are nine feet by 20 feet the code requires 10 feet by 19 feet. Trash Enclosure - The site plan does not indicate any exposed trash enclosures. The applicant should address this with the Final Planned Development. Typically with townhome developments the unit owners have individual trash cans that are stored inside the garage. //y Planning Report - Lexington Ridge January 27, 2004 Page 6 Lighting Plan - A Lighting Plan was not submitted with this application. A detailed Lighting Plan is required with Final Subdivision and Final Planned Development application. Signage - Signage is not proposed at this time. All signage is subject to the City of Eagan Sign Ordinance. II. Preliminary Subdivision Density- The net site available is 5.93 acres 16 units are proposed with this development resulting in 2.7 acres units/acre. The density is consistent with the Comprehensive Land Use Plan of 0-4 units/acre. Lots - The lots range from 3,460 square feet to 193,864 square feet. Planned Development zoning does not have lot size requirements. R-3, Residential townhouse zoning requires 6,000 square feet of land per unit-. Each unit is platted property, Lots 1-16 are less than 6,000-square feet in area; however, the overall site meets this requirement. Grading - The preliminary grading plan is acceptable. The site generally slopes to the northeast corner of the property near Diffley Road, with elevations ranging from 996 to 940. Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer to an existing low area to be utilized as a pond for storm water management in the northeast corner of the site. This area will discharge to an existing storm sewer system within Diffley Road. A portion of the proposed pond area lies within City park property and Diffley Road right-of-way. The developer should be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. Wetlands/Water Quality - This proposed 5.9-acre single-family subdivision is located in the City's J-watershed. Stormwater from 1.3 acres of the site is proposed to drain off site. Stormwater from the remaining 4.6 acres is proposed to drain to a low-lying area in the northeast corner of the parcel and then into the City's stormwater system, which eventually connects to City Pond JP-8 in Patrick Egan Park. Pond JP-8 is one of the City's Class III - Scenic Recreation waterbodies, according to the Water Quality Management Plan. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of approximately 12 percent, a minimum, wet-pond volume of .19 acre-feet and a maximum depth of 6 feet would be needed to treat stormwater. An outlet structure acceptable to City standards would need to be installed. However, the developer is not proposing to construct the stormwater treatment pond, but to use an existing low-lying area for stormwater infiltration and temporary storage. Part of this low- //S- Planning Report - Lexington Ridge January 27, 2004 Page 7 lying area also is on City of Eagan park property. The developer modeled the area assuming a vertical wall at the property line to demonstrate that all ponding can be accommodated within the Lexington Ridge project, but this is not likely to occur in reality. The developer believes that constructing a basin to contain the stormwater on-site would have more impact to City park trees than allowing the stormwater to infiltrate and temporarily store in the low-lying area. The developer may need to address any questions the Commission has about the following: The real extent and duration of any temporary storage of stormwater runoff, relative to City park trees, and assurance that the infiltration capacity of the soils in this low-lying area will remain the same over time versus being diminished by gradual siltation. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. There are no jurisdictional wetlands associated with this site. Significantly steep slopes on this parcel raise concerns about erosion control, particularly where land is proposed to be severely disturbed to construct roads, install storm sewer lines, and establish building pads. Utilities - Water main of sufficient size and capacity is available for connection for this development within Lexington/ Diffley Park to the east. Sanitary sewer of sufficient size, depth and capacity is available for connection by this proposed development. The nearest sanitary sewer is approximately 400 feet to the southeast within Lexington/ Diffley Park. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within the park. The developer should be responsible for restoring the sanitary sewer and water main disturbance area within the park to equal or better than its current condition. Streets/ Access/ Circulation - The Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road (County Road 30), if a variance to the County access spacing guidelines is requested by the City and the proposed access point onto Diffley Road accommodates right-in/ right-out traffic movements only. Access to the development is proposed via private street with access to Diffley Road in the northeast corner of the property where there is an existing median on Diffley Road that would allow right-in/ right- out traffic movements only. Dakota County will require the construction of a right-turn lane on Diffley Road. The developer should meet all conditions set forth by the Dakota County Plat Commission regarding access to Diffley Road. Previous applications for development of this property have been proposed with access through Lexington/Diffley Park. These applications have been denied based on safety, park hours, does not comply with code because there was no access to a public street, the proposed cul-de-sac was greater than 500 feet, Lexington Diffley Park is not designed to accommodate a street, the property has public street accessibility to Diffley Road, and the property continues to retain viable use as presently zoned. / Planning Report - Lexington Ridge January 27, 2004 Page 8 Police Department - The police department has some concerns with the proposed entrance to the development. Comments suggest that the median be extended to prevent people from trying to make a left turn out of the site against traffic. Police is uncertain as to where the median should be extended to; reactionary time with the u-turns is very limited due to the hill on Diffley Road. Also with extending the median people will be waiting to make a u-turn which is dangerous on a 45 MPH road. Police suggest putting a left turn lane into the development from the west bound lane or not to have the entrance on Diffley at all. Fire Department - The Fire Marshal has reported that the fire department is not in support of the proposed entrance off of Diffley. This site will be serviced by Fire Station 4, located on Dodd and Diffley Road. The proposed access is not adequate because the fire trucks will not be able to make a u-turn around the median to access the site; they would have to make a u-turn down by Blueberry Lane further to the west of the site. It will be difficult for emergency vehicles to make this turn because the on-coming traffic will not see the vehicles until they are over the hill. Also response time is slowed down by the u-turn and avoiding on-coming traffic. Easements/Rights of Way/ Permits - This development should dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. The developer should be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. Tree Preservation - The tree preservation is acceptable. A tree inventory submitted with this application indicates that there are one-hundred seven (107) significant trees in the inventory. The tree inventory is comprised of large oak, pine, cedar, spruce, and birch as well as, box elder, elm, black cherry, cottonwood, hackberry, ash, and apple trees averaging 20" in diameter. The development as proposed will result in the removal of thirty-nine (40) significant trees (37.4 % 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, multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. In an attempt to maximize tree preservation, the applicant intends to preserve several large trees adjacent to areas to be graded. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of several trees that are to be preserved on site (tree #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009). To ensure survival of these preserved trees, staff is recommending that a long-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these trees. No encroachment is to occur inside tree protection areas. Parks and Recreation - The Development is located adjacent to Lexington-Diffley Park. A cash park dedication is suggested. //7 Planning Report - Lexington Ridge January 27, 2004 Page 9 Given the close proximity to Lexington-Diffley Park and amenities including the skate park, as well as the Caponi Art Park to the west, it may be advantageous to recommend that a portion of the Developments landscaping requirement (there is no tree mitigation required) be utilized to enhance and/or create a vegetative buffer on the east, west and south side of the development. The current owner of the single family home on the subject parcel is allowed access through the park as the result of a long standing easement. With the advent of this Development and the resulting access directly to Diffley Road, it would be advisable to terminate the access easement and require the removal of the existing gravel driveway, installation of a curb and reestablishment of turf. The Developer has proposed to construct a bituminous trail extending from the east border of the Development to an internal park trail. Unlike a typical connector trail that passes through a development or connects one neighborhood to another, the trail would essentially dead-end at the boundary of the development and thereby have minimal benefit to park users or the public other than those living in the development. The construction of the trail, along the alignment shown, would have minimal impact on the park or its amenities. Because of the minimal public benefit, it is suggested that construction of the trail, and associated landscaping, as shown, be allowed with no credit given towards what would then be a full cash trails dedication. Advisory Parks and Recreation Commission - The Commission recommended approval of the plat, but express concern about the adjacent land uses. Because the parcel is essentially bounded by park, they feel that the development is rather an abrupt interruption of land use and of the greenway corridor. They also expressed concern about stormwater runoff intruding into the park, if the proposed ponding system failed. The APrC suggested building a policy into the homeowner's association that states the homeowners are responsible for making sure the ponding system remains operational. SUMMARY/CONCLUSION The applicant is requesting approval of a rezoning from R-1, Single family residential to PD, Planned Development and a preliminary subdivision creating 17 lots. The applicant is proposing to subdivide the property into 17 lots, 16 townhouse lots and common area. Each unit will be individually platted and the remaining land will be managed by a self-governed association. The development as proposed will be a private area with an entrance exclusive to the development. According to the applicant "the development is intended to mimic the experience you would imagine of a Boston urban street." Although the applicant is requesting Planned Development zoning, the R-3 standards are applied for comparison. The majority of the R-3 setbacks are met with a few exceptions regarding the private road. Building height and coverage are satisfactory. Planning Report - Lexington Ridge January 27, 2004 Page 10 Stormwater is proposed to drain on and off site. Sanitary sewer is available about 400 feet southeast of the property within the Lexington/Diffley Park. Dakota County Plat Commission has indicated that street access for the development may be allowed to Diffley Road, if a variance to the County access spacing guidelines is requested by the City and the access provides a right in right out access. A right turn lane is required as well. The Police and Fire Departments are not in favor of the proposed access location on Diffley Road. There are 107 significant trees on-site, tree mitigation is required. Cash park dedication is required with this development. Park and Recreation staff recommends that the access easement through the park become void with development. ACTION TO BE CONSIDERED 1. To recommend approval of a Rezoning from R-1, Single Family Residential to PD, Planned Development for property located at 4225 Lexington Way in the northeast '/4 of Section 27. II. To recommend approval of a Preliminary Subdivision to create 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast 1/4 of Section 27, 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: Al, B1, 2, 3, 4, Cl, 2, 3, D1, El 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. The existing access easement through the City park shall be terminated and the gravel portion of the existing driveway access restored to a turf condition and a curb section installed by the Developer. The Developer shall execute such documents as may be required by the City Attorney to terminate the easement. 8. To ensure survival of preserved trees, #191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 9. 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 /i9 Planning Report - Lexington Ridge January 27, 2004 Page 11 Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off- site (i.e. park trees). 10. 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. 11. The commission may want to recommend or get some kind of assurance that the developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to City park trees. 12. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development 13. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 14. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington/Diffley Park to equal or better than its current condition. 15. The developer shall meet all conditions set forth by the Plat Commission regarding access to Diffley Road (Dakota County Road 30). 16. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 17. The developer shall be responsible for obtaining a Dakota County permit to construct the proposed street access within Diffley Road right-of-way. 18. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the Association. The association and deed shall be approved by the City Attorney. III. To recommend approval of a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way in the northeast V4 of Section 27, subject to the following conditions: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan /cQO STANDARD CONDITIONS OF PLAT APPROVAL A. financial Obligations 1. 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 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. /C) / 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 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 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 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 STANDARD.CON FINANCIAL OBLIGATION-Lexington Ridge Preliminary Subdivision There are pay-off balances of special assessments totaling $-O-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 parcel 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 charges 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 Storm Sewer Trunk (1) S.F. $.11875/Sq. Ft. 243,050 Sq. Ft. $28,862 Lateral Benefit Storm Sewer S.F. 26.95/F.F. 575 F.F. 15,496 Water Lateral S.F.- -- 31.30/F.F. - - - 575_ F.F. 17,998 Total $62,356 2004 rates are used to compute this financial obligation. The actual obligation will depend on the year in which the final subdivision is approved. (1) Area for storm sewer trunk computation will be finalized at time of final subdivision approval. /a3 MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: 01-16-04 TO: Sheila Cartney FROM: Officer Todd Kirchgatter SUBJECT: Concerns and Recommendations for Lexington Ridge The main issue with this project that I will be addressing is the entrance to Lexington Ridge from County 30 (Diffley Rd.). Due to the fact that it is a right turn in and right turn out type of entrance, the cement median should be extended to the west. Doing so will prevent people from "taking a chance" by taking a left turn out of the development, the wrong way against traffic, to do a u-turn to go back east. The next question is where to extend the median too. If you extend it 200' to the west, you will end up on the east side of the hill, below the crest. With the median extended to that distance, a majority of left hand turns out of the development will be eliminated. But that creates a problem for west bound traffic who will be attempting u-turns to go back east bound to get to the entrance. Vehicles attempting to do that u-turn are doing so with a very small reactionary gap with east bound traffic coming over the crest. That reactionary gap applies to both east bound traffic and the vehicle doing the u-turn. You could extend the median even further, even to the crest of the bill. But I noticed while sitting in that area that there is not a point on the crest where traffic in both directions can clearly see a vehicle either stopped or doing a u- turn and have enough of a reactionary time to react. Wherever the median is extended to, the idea of having a vehicle stopped on County 30 (Diffley Rd.) waiting to do a u-turn where the speed limit is 45 MPH, with limited visibility, is simply a dangerous situation. In my opinion, the best solution to this issue is to either put in a left turn lane from west bound County 30 (Diffley Rd.) to the entrance to the development, or don't have the entrance on County 30 (Diffley Rd.). Thank You, Officer Todd Kirchgatter /a y Written Narrative for Lexington Ridge Development The developer is proposing the development of 16 town house lots in a single-phase development. The existing land use consists of one single-family home. The home has been on the site for many years. No known wetlands are located on the site. The developer previously submitted two separate subdivision requests under the same name that proposed 8 single-family residential lots. The first proposed access through the Lexington/Diffley Athletic Fields. The Council denied access through the Park. The second submittal proposed access from the west property line off Diffley Road. Dakota County submitted their response by requiring the developer to construct a right-turn lane and a right- in/right-out access only. Both applications were withdrawn and this submittal represents a proposed access off of Diffley Road from the east property line, in the location of an existing curb cut, thereby following the right-in/right-out criteria and agreeing to construct the right-turn lane as required. The property is currently guided R-1 (0-4 units per acre) for single-family residential development. The current zoning would allow for 23 units (5.93 -acres at 4 units per acre). The developer is proposing a Planned Development withl 6 town house units. The density is not changing and therefore no change in the Comprehensive Guide Plan is required for this project. However, we will be requesting a zoning change to PD. The surrounding land uses and zoning within 660 feet of the development consist of the existing Diffley Road, the Lexington/Diffley Athletic Fields, the Caponi Art Park along with an existing planned residential development south of the Lexington/Diffley Athletic Fields and an agriculturally zoned but low-density guided parcel north of the site west of Lexington Way. The rezoning to a PD should have a positive impact on the surrounding area. There is not an increase in density to this area, access will be limited to a single access off of Diffley Road, and a separate right-turn lane will be constructed to minimize traffic flow on Diffley to the traveling public in this area. The development should not have an adverse affect on land value in the area, and may in fact have a positive affect to adjacent properties. It is the developer's intention, upon receipt of preliminary plat approval, to prepare final engineering plans in anticipation of a spring 2004 start of construction. It is the intention to complete the private access and utility infrastructure in the summer of 2004. Concurrent with the construction of the private and public infrastructure, the development of town homes will be underway with expected occupancy of several homes by the end of 2004. It is anticipated that the construction of all town homes will be complete by 2006. This proposed development would provide the city of Eagan several benefits. First, the existing access through the Lexington/Diffley Athletic complex to the current residence will no longer be used. The developer plans to grade the existing drive to blend with the current vegetation and landscaping, removing the curb cut where the current drive exists within the Park, and extend the existing berm along the Park property line in order to provide privacy and a line of demarcation between the Park and proposed development. Second, the developer has taken care during the engineering process to preserve a specimen tree (as requested by Greg Hove) on the east property line in order to maintain the umbrella it now provides the Park. Third, the developer has provided for privacy to the Caponi Art Park located on the West property line. By providing a retaining wall near the property line, placing the road well below the existing grade and locating the town homes toward the east end of the property (furthest from the Caponi Art Park) we have given the privacy that they requested. Fourth, the developer is providing a unique plan to the city of Eagan. The urban quaint development of Lexington Ridge will provide for another fine example of Eagan's foresight into City planning. Lexington Ridge will be a private area with an entrance exclusive to the development. The development is intended to mimic the experience you would imagine of a Boston urban street. The facade of each residence will be of similar materials but different enough in its architecture to provide visual interest. The garages will be hidden from the street so the house will be the dominant feature. The street will be a combination of cement and pavers or colored concrete as depicted in the drawings. The landscaping plan is extensive. Greg Hove (City Forester) provided assistance in tree selections. The house materials will be a combination of cement fiber-board (Hardi plank), stone or stucco, and cedar shingles. Soffits and fascia will be either cedar or Miratech (a pre-primed hardboard.) There will NOT be any aluminum or vinyl used on any part of the houses except for the windows; which will be aluminum clad. The entry doors and garage doors will be custom. The roof will be a 30 year asphalt shingle. As you see depicted in the renderings, the architecture is stunning and detailed. This development with the residences will prove the test of time. -- ---- ------ - Site grading will be - minimized to fit the town homes,-to the extent possible,-within the existing vegetation. The site is heavily wooded. Based on the preliminary grading plan, the estimated tree loss will be less than 35 percent of the total site and therefore no tree mitigation plan is included in the submittal. The utility infrastructure will start at existing adjacent properties. Water service is available from a stub out of a parking lot east of the property line within the athletic field complex. Sanitary sewer service is also available from the Park southeast of the property. Storm sewer will be discharged to the existing storm sewer in Diffley Road. The developer proposes a private drive of 24 feet width which will take private access off of Diffley Road. The drive will traverse from east to the west up the slope to the westerly property line which will level out to provide access to the lots. The developer will provide a private access easement throughout the development. Storm water ponding for quality and quantity will be provided by the pond located at the northeast comer of the property. This area is believed to have a high percolation rate as evidenced by no existing wetland vegetation. Water from the northern portion of the property will be collected in this pond. An outlet control structure will be constructed to control post- development flow to pre-development rates. Based on our analysis of the infrastructure, the rezoning to PD should not have an impact on the City infrastructure in the area. Infrastructure is available in sufficient capacity to serve this development. Based on the care and consideration provided to make this development a unique residential development within the City of Eagan, we believe that the change to PD will result in a superior development for the City. We believe that this is a type of development not currently available in the City and will add to a more diverse housing mix within the City. /a6 Eagan Boundary Location Map / Street Centerline Q Parcel Area Building Footprint Development/Developer: Lexington Ridge Application: Rezoning, Preliminary Subdivision, Preliminary PD Case No.: 27-PS-24-12-03 Map Prepared using E cYew ] ase map tlata provided N try Dakota County Office and is current as of June 2003. W-E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of engcin The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are s community D..dopment Department not responsible for errors or omissions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Lexington Ridge Land Use Map Case No. 27-PS-24-12-03 Zoning Map Current Zoning: R-1 Single Family Residential 000 0 .00 1200 F«t or, PD P R.1 Fi PF A PF P R-1 p P P P F.1 Comprehensive Guide Plan Land Use Map Current Land Use Designation: LD Low Density Residential (0-4 units/acre) 000 0 00. 1201 P.0t lV' P D? i HD QP A LD RC QP LD RC P P N P O/5 MD Parcel be.. map into aUon toWd.. Da? and5vvay Dapartn. 0 Jwa 2003. N ntalned hyCity Staft City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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G7 ; j C4 SE'/ t-- ry q. z Li 'Lt U F v rA X U z z L'aCi ? c La-7 °? m ? d in r-- o np c :; az tl 132 z O 7 ? y d = C 11 /38 ,z, O Y December 31, 2003 City of Eagan Attention Marilyn Wucherpfenning Surveyor's Office 3739 Pilot Knob Road Fred M. Johnson Eagan MN 55122-1810 County Surveyor Re: LEXINGTON RIDGE Dakota County Western Service Center The Dakota County Plat Commission met on December 29, 2003, to reconsider the preliminary plat of 14955 Galaxie Avenue LEXINGTON RIDGE. Said plat is adjacent to CSAH 30, and is therefore subject to the Dakota Apple Valley, MN 55124-8579 County Contiguous Plat Ordinance. 952.891.7087 The preliminary plat indicates access to CSAH 30 on the east portion of the property where there is an Fax 952.891.7097 existing median in the road and would require right turns only. The Dakota County access spacing www.co.dakota.mn.us guideline for right-in and right-out only turns is one-eighth mile spacing. The proposed preliminary plat does meet the one-eighth spacing guideline at CSAH 30. However, during the permit process to = construct -access -at-CSAH_30, the median may need to be expanded or extended and the right-turn lane needs to be constructed at the developer's expense. Also, there are concerns regarding a safety- issue of proper sight distance at the access point at CSAH 30. The Plat Commission would like the developer to locate the access point at CSAH 30 in the field- The County Transportation Department will then inspect the access point for proper sight distances and possible median expansion. The preliminary plat does not show proper dedication from the existing centerline on CSAH 30. The plat must dedicate 75 feet of one-half right of way from the existing centerline. Restricted access must be shown and dedicated to Dakota County along all of CSAH 30, except for the one access opening. The Plat Commission did not approve the plat as submitted. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely, Todd Tollefson Plat Commission Secretary c: Tom Hedges, City Administrator Tom Colbert, Public Works Director Millerville, Inc. 1 1 17 JAN 0 I 2 2004 ; I ?- Ported on -yded Paper ?J J __-____•_.. ••_..--._.- ,.iA 30% postKOnsumr wute. 1 - EQUay c"oR UnRY EMNAYEA MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOIIENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 27, 2004 SUBJECT: LEXINGTON RIDGE ACCESS ISSUES The Lexington Ridge Subdivision has been the subject of a number of land use applications and decisions over the years. At different times, development proposals have included access to the property through park property at the Lexington Diffley Athletic Fields. A long standing City policy position has been that, if the property is to be developed, it should take its access from Diffley Road and not through the park. The current subdivision application-has been-designed-on -the basis ofthis policy and-proposes an access on Diffley Road, west of the Lexington Water Reservoir and the park entrance. In reviewing the details of the subdivision design, certain challenges associated with the direct access to Diffley Road have been identified. While staff believes that the proposed design will provide feasible access to the development site, a number of issues were also raised that the Planning Commission and City Council should consider as it approaches a decision in this regard. As the staff report was being compiled, the extent of the issues about the detailed design of the site access became apparent. At the staff meeting this morning, it was determined that a more complete review of the issue be provided to the Commission and Council so that the basis for the original policy is articulated and the nature of the specific access issues is outlined. Unfortunately, this discussion occurred after the Advisory Parks and Recreation Commission had already reviewed the development as presented. As a consequence, the APrC was not informed of these issues and has not had the benefit of this additional background. Site Access Policy Background In 1994 and in 2003, the City considered, but did not approve, development applications for the Remo Caponi that proposed to take access through the Lexington Diffley Park site. The reasons for these decisions were as follows: • Necessity to Upgrade the Existing Driveway to City Street Standards. Approximately 600 feet of internal access road would need to be realigned and widened to applicable City standards. The ingress/egress points of 2 parking lots would need to be realigned and possibly relocated possibly resulting in the loss of parking capacity. An existing trail, outfield fencing and landscape beds could require relocation. Because the road would terminate at a private street, a cul-de-sac would be required resulting in the potential loss of additional parking stalls! park space. • Variance Requirements. The existing maintenance garage, US Cellular/PD cell building and out field fences may fall within the road right of way. The road length may exceed that allowed for a road with a cul-de-sac terminus. /1/0 Public Safety Issues • Emergency Vehicle Access. With the proposed access design, emergency vehicles attempting to access the subdivision from westbound Diffley Road would be required to make a u-turn from westbound to eastbound Diffley. Given the traffic speeds and limited visibility from both directions, there are concerns about the safety of this u-turn. Public Safety staff doubts that a full sized fire vehicle could actually make a u-turn on Diffley Road, even with the additional right turn lane planned for eastbound Diffley. • Illegal U-Turns. History tells us that even with a posted no u-turn and occasional enforcement efforts, that some motorists on westbound Diffley will attempt u-turns to gain access to this subdivision. Traffic speeds and limited visibility make this a very dangerous violation. • Turning Options. For those westbound vehicles who wish to access the subdivision, but not make the illegal u-turn at the end of the traffic median, it is likely that they will turn on either Amberleaf Trail, or MalmoBlueberry in order to turn around to go east on Diffley. This may not present a problem in the legal sense, but could result in additional complaints from residents of those streets. Operational and Maintenance Issues • Traffic Speeds. The speed limit on County Road 30 (Diffley Road) is posted at 45 mph. Observed travel speeds are more commonly 45 - 55 mph due to hills. Stopping and sight distance is limited to the west. • U-Turn Traffic Conflicts. There is a potential for "U" turns on Diffley creating rear-end safety hazards. Potential for development traffic to make illegal/improper left turns into oncoming County Road traffic to access west bound Diffley. • North Facing Hill. The internal street would be on the north slope of wooded hill side resulting in freeze/thaw snow and ice concerns (Private street and related maintenance responsibilities create a burden for association resulting in future request for City maintenance). Mitigation Requirements To address the issues outlined above, the proposed access alignment can be expected to require the following mitigation steps: • Additional signage, enforcement and advance warning signage on Diffley Road. • Potential need to extend median to the west. Restrictive/Prohibitive movement sign installation with related enforcement. • Construct street to City standards to allow future takeover by City if Association can't/won't maintain it in a safe manner. As noted above the purpose of this memo is to reiterate the reasons for the City policy to date to prohibit development of this property from having street access through the park, while acknowledging that the proposed access location on Diffley presents challenges as well. This is intended to provide decision makers with additional background on which to make final decisions with respect to this development proposal and the access to it. If you have any questions, please let me know. /4// ! t fv To: Eagan Advisory Planning Commission From: Anthony Caponi Date: January 27, 2004 Re: Reasons To Deny The Lexington Ridge Multi-Family Development Application Submitted By Millerville, Inc. The City of Eagan and Dakota County have been actively working to preserve the Eagan Core Greenway and the citizens of Eagan voted overwhelmingly in support of the county bond referendum that is making this possible. The Millerville 6-acre property is part of the lynch pin of the Eagan Core Greenway. It connects Patrick Egan Park and the Caponi Art Park to City parks and Lebanon Hills _-Regional Park to the south and east. Multi-family housing is an incompatible use of this property. Regardless of how well the development is designeFor how beautiful the houses - They are in the wrong place! How these 6-acres fell through the cracks is a long story but suffice it to say that this property was one of the sites to be purchased by the city of Eagan had the park bond referendum passed in 1995. The owner waited for years for the chance to make this land part of the Caponi Art Park. He couldn't wait any longer. After all, it was only last week that I found out myself that Dakota County approved funds toward assuring the future of the Art Park. So it is understandable how the offer of a large sum of money at this time changed the whole situation. The developer has paid big money for these 6-acres and his main concern is to make a profit. Neither his development nor his expensive townhomes has anything to do with community need. On the other hand both the City and the County have. recognized the value of the Art Park for the community. In 1993 when Diffley Road was expanded they made major changes to the design to accommodate the needs of the Park. The bike path on the south side of Diffley was omitted so as not to cut into the hill that forms the back of the park's amphitheater. They went to the expense of installing a pedestrian underpass to make up for the missing sidewalk. Even the Dakota Electric Association buried its power lines the full length of the Art Park to maintain the natural setting along Diffley. The City and County also removed the center lane from the road because there was no room for it without damaging the Art Park. If you stand at the intersection of Diffley and Pilot Knob Roads looking east you will see that the road narrows from 5' lanes to 4 at the Art Park until it reaches the median near the end of the Park where it begins to expand again for the intersection with Lexington Way and the entrance to the athletic fields. Where the road is narrow there are steep slopes on the south side and equally steep pits on the north side that discourage expansion on either side of the road. I%ra Now comes the proverbial developer with his bulldozers with plans to truncate one of the highest hills in Eagan and requires major changes to Diffley Road to provide a safe entrance to a minor development that intrudes on the organic unity of the Eagan Core Greenway. The Police Department knows what it's talking about when it speaks of the danger of an entrance off of Diffley. The Fire Department knows what it's talking about when it suggests it needs a left-turn lane for its equipment. I know what I'm talking about because I've lived here for 50 years and know the land. The remedies suggested to accommodate the development are too intrusive and too costly to be justified by a strictly commercial enterprise. • There are only drop-offs where the road is supposed to be widened for the extra lane or to permit the extension of the median. • Extending the median will block access to the service road into the north half of the Art Park, the parcel that is in the process-of becoming City property. • I know how dangerous it is to have driveway access directly onto Diffley. I will skip the details of requiring the developer to install sound abatement fences and my concerns about light pollution because all our efforts should go toward denying approval of the Lexington Ridge application altogether. /4/-3 MEMO city of eagan TO: SHEILA CARTNEY, PLANNER FROM: DALE WEGLEITNER, FIRE MARSHAL DATE: JANUARY 29, 2004 SUBJECT: LEXINGTON RIDGE The issue with the Lexington Ridge development is access, not response time. While fire trucks would respond to a call from both stations, fire station 3 at Pilot Knob and Wilderness-Run Road, and fire station-4 located-at Dodd-and Diffley Roads, in most cases, the--- first fire truck would be coming from Fire Station 4. For this truck to gain access to the development, the driver would need to make a U-turn on Diffley Road between two hills, which is a very dangerous turn. If the driver did not make a U-turn, the driver would have to travel west on Diffley Road to the area near Blueberry Road and N. Malmo Lane, turn, and go back east to gain access to the development. Fire trucks would then be passing each other on Diffley Road, causing more confusion. Fire Marshal DW/js cc Bob Kriha, Fire Chief Dale Schoeppner Chief Building Offical Draft - 9.15.03 Subd. 18. PD Planned Development District. A. Intent. 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive-Plan. B. Standards. The provisions of this code shall be interpreted in accordance with the following: Rules of Interpretation: a. Where inconsistent therewith, the requirements set by this section shall be followed for Planned Developments. This section shall have no affect upon other developments or district requirements. b. Planned Developments may be excluded from certain requirements of the zoning code when specifically approved as a part of the Planned Development. Such exclusions shall only be granted for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the developer. All provisions of the zoning codes not specifically excluded in the Preliminary and/or Final Plan shall apply to the Planned Development. Building permits shall not be issued that are not in conformity with the approved Planned Development. d. Whenever a dispute arises concerning the interpretation and/or application of any section of this code, the matter may be referred to the Board of Adjustments and Appeals for hearing as governed elsewhere in this Chapter. 2. Relation of Planned Development Site to Adjacent Areas. The design of a Planned Development shall take into account the relationship of the site to the surrounding areas. The perimeter of the Planned Development shall be so designed to minimize undesirable impact of the development on adjacent properties and conversely, to minimize undesirable impact of adjacent land use and development characteristics on the Planned Development. City of Eagan Zoning Regulations / ! `-? page 72 Draft - 9.15.03 Minimum Area for Planned Development. The minimum total area required for a Planned Development shall be five (5) acres of contiguous land. Tracts of less than five (5) acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because a Planned Development is in the public interest and that one or both of the following conditions exist: a. Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard zoning would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community. b. The property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. 4. Residential Unit Densities. A Planned Development may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units allowed in a -development shall be determined by either: a. The density specified by the City's Comprehensive Guide Plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the zoning regulations otherwise applicable to the site; however, the applicant has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Council, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public facilities and services to be achieved by: The location, amount and proposed use of common open-space, 2. The location, design and type of dwelling units, and The physical characteristics of the site. 4. Open Space. A primary function of this Planned Development Section is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum intensity or density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial including but not limited to the following: The amount and location of private common open-space area shall be consistent with the stated purpose of this section and in no case shall be less than fifteen (15) percent of the total project area. The residential portion of the project area shall further City of Eagan Zoning Regulations / ?Z page 73 Draft - 9.15.03 conform to the mandatory public park, playground and open space area dedication requirements of Code. All open-space shall be labeled as such and as to its intent or designed functions. b. Operation and Maintenance of Common Facilities. In the event certain land areas or structures are provided within the Planned Development for recreational use or as service facilities, the owner of such land and buildings shall file a suitable agreement with the City that assures the continued operation and maintenance to a pre-determined reasonable standard. These common areas may be placed under the ownership of one of the following, depending which is more appropriate: Landlord control. 2. Homeowner's Association, provided all of the following conditions are met: a. The Homeowner's Association must be established prior to any sale. b. Membership must be mandatory for each owner, and any successive buyer. The open-space restrictions must be permanent, not for a given period of years. d. The Association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities. Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Minnesota Statutes. f. The Association must be able to adjust the assessment to meet changed needs. Permitted Uses. Uses approved and permitted under a Planned Development shall only include permitted, conditional and accessory uses allowed in Residential Districts in the City and those business, industry and institutional uses specifically approved as a part of the Planned Development and in accordance with standards herein provided. The property to be included in the Planned Development shall be in single ownership or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this code. City of Eagan Zoning Regulations < page 74 Draft - 9.15.03 C. Procedure. General. Planned Developments shall be proposed and approved in accordance with this section. 2. Concept Plan. Prior to filing a petition, any person may request a meeting with the Advisory Planning Commission to present a Concept Plan to discuss the feasibility of a Planned Development. Such request shall be made by addressing a letter to the Advisory Planning Commission where upon said request shall be heard at a subsequent meeting. Petition. The petition for a Planned Development shall be on a form provided by the City and shall include all of the following information: a. Signature(s) of owner(s) and developer(s). b. All data normally required by the City for a rezoning and preliminary plat petition. c. All information and plans comprising a "Preliminary Development Plan" as defined in herein. 4. Preliminary Development Plan Approval. The petition for a "Preliminary Development Plan" of a Planned Development shall be processed by the City in the same manner in which rezoning petitions are processed as described in the Zoning Code. Development Agreements. As a condition to approval of a Preliminary Development Plan, the City shall require the owner and developer of a proposed Planned Development to execute an Agreement which may include, but not be limited to, all information required in the Preliminary Development Plan as provided herein. 6. Fees. The fee for a Planned Development shall be the same as the fee charged for a rezoning and preliminary plat when the latter is also included. 7. Performance Bond. The owner and/or developer of a proposed Planned Development shall furnish a public contractor's performance bond as prescribed by Minnesota Statutes, with corporate surety in a penal sum equal to one hundred twenty-five (125) percent of the City Director of Public Works cost estimate for the required improvements to be furnished or installed by the owner and/or developer, including, but not limited to, street surfacing, curbs, gutters, sanitary sewer and water service and storm sewers. The performance bond shall be approved by the City Attorney prior to its acceptance. A certified check shall be submitted by the owner and/or developer for the estimated inspection costs of the required improvements to be furnished or installed by said owner and/or developer. Said check shall be submitted at the time of the submission of the performance bond. Variances. Variances granted as a part of a Planned Development shall not be subject to the zoning code. Said variances shall be permitted as a part of the City of Eagan Zoning Regulations ! ¶ / gj page 75 Draft - 9.15.03 overall approval of the Planned Development provided said variance from zoning code provisions are so stated in the Planned Development Agreement. 9. Effect of Approval of Preliminary Development Plan. Upon approval of a Preliminary Development Plan, a Planned Development may not be altered, revised or withdrawn without the approval of the City Council. 10. A public hearing shall not be required provided the Final Development Plan is in substantial conformance with the Preliminary Development Plan. Any major change as determined by the City shall require a public hearing. 11. Council Action. The approval of a Preliminary Development Plan and a Final Development Plan of a Planned Development shall require an affirmative vote of the majority of all members of the Council except when the proposed rezoning is from an existing residential district to a Planned Development District with commercial or industrial uses in which case a two-thirds majority vote is required. 12. Preliminary Development Plan. The Preliminary Plan of a Planned Development shall include the following information: a. All information required in the Subdivision Code for a Preliminary Plat. b. A general development plan indicating: The proposed site and existing development and adjacent properties. 2. The proposed use of all areas of the site. The proposed density, type, size and location of all dwelling units. 4- The general-size,location and-use-of prop osed-business industrial or institutional buildings. Public and private streets, entrance and exit drives, walkway locations. 6. Parking areas and stall arrangement. Landscaping. 8. Park and open space lands. Dimensions. 10. Proposed drainage and utility systems. c. A summary sheet indicating: City of Eagan Zoning Regulations / 4 ? page 76 Draft - 9.15.03 Area of land in each use or each separate intensity of use. 2. Number of residential dwelling units proposed in each area. Number of acres of common open space. 4. Modifications of any provisions of the City Zoning Ordinance. d. A staging plan indicating the geographical sequence and timing of development of the Plan or portions thereof, including the date of beginning and completion of each stage. The Staging Plan shall also include the number of dwelling units, commercial structures, public streets, utilities and recreation areas. e. A detailed plan of first phase development indicating buildings, parking areas, driveways and similar detail on the site plan and including architectural elevation drawings of all buildings. f. A preliminary plat may be required by the City for those areas where development is imminent, and a sketch plan shall be required for the remaining areas. g. A written statement by the applicant stating how the proposed Planned Development conforms to the stated objectives and purposes of this section and why the proposal would be in the public interest. 13. Final Development Plan. The Final Development Plan for a Planned Development shall be accompanied by a legal description of the total property together with the following: a. A Final Plat adopted in accordance with the requirements of the Code, except as otherwise specifically provided in this Section. b. A Final Site Plan showing the locations of all structures, including placement size and type, as well as streets, parking areas, walkways, open space and similar detail areas on a scaled and dimensional drawing. A Landscape Plan showing the location, species and size of all plant materials. Grading information shall be located on the landscape plan. d. A Utility Plan showing the location and size of all utilities and easements. The Utility Plan shall include sanitary sewer, water, storm sewer and drainage, electrical and gas. e. Building Plans shall be submitted in sufficient detail to warrant issuance of a building permit. Scale architectural drawings of the exterior of all buildings shall be submitted in sufficient detail to allow the City to review said plans for the impact they will have upon adjoining properties and the general area in which the buildings are located. City of Eagan Zoning Regulations / c3 page 77 Draft - 9.15.03 f. Deed restrictions, covenants, agreements, by-laws or proposed Homeowner's Association or other documents or contracts controlling the use or maintenance of property. Where such information is lacking, the Council may require a bond or similar guarantee to insure that areas held common by persons residing in the development will be developed and maintained. g. Proposed zoning changes or variances with legal descriptions of any district boundary changes. h. A Final Staging Plan indicating the geographical sequence and timing of development of the Plan or portions thereof, including the date of beginning and completion of each stage. i. Any other information necessary to fully represent the intentions of the Preliminary Plan. 14. Standards and Criteria for Advisory Planning Commission and Council Action. The Advisory Planning Commission may recommend and the Council may act to approve, approve with conditions, or deny a Preliminary or Final Plan for a Planned Development. The Advisory Planning Commission, in making a recommendation, and the Council, in acting upon a plan, shall consider the following factors: a. The consistency of the proposed Planned Development with the adopted or proposed Comprehensive Guide Plan of the City. b. The extent to which the proposed Planned Development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. c. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. d. That any exceptions to the City Zoning Ordinance are justified by the design or the development. The sufficiency of each Planned Development phase's size, composition, and arrangement in order that its construction and operation is feasible without dependence upon any subsequent phase. f. The burden or impact created by the Planned Development on parks, schools, streets, and other public facilities and utilities. g. The impact of the Planned Development on environmental quality and on the reasonable enjoyment of the surrounding property. City of Eagan Zoning Regulations / S l page 78 Draft - 9.15.03 15. Effect of Final Planned Development Approval. Except as provided in this Section, no building permit shall be issued for any building on land for which a plan for a Planned Development has been approved which does not conform to the approved Final Plan. b. Except as provided in this Section, development of land for which a Planned Development has been approved which does not conform to the approved Final Plan shall only be allowed after one of the following: Amendment to the approved Final Plan of the Planned Development by the City Council in the same manner as required for approval of a Planned Development. 2. Term of the approved Planned Development by the City Council after notice and public hearing in the same manner as required for approval of the Planned Development. The Council may further condition the vacation of a Planned Development in order to better protect the public health., safety and weT are-.- - ---- 16. Termination. Upon expiration of the specific time period approved by the City for total development of a Planned Development, the subject area shall become a permanent Planned Development District, and the conditions, provisions and restrictions of the Final Development Plan shall continue to govern the use of the land. Provided, nevertheless, that if a Planned Development is not completed within the required time period, the Planned Development District Classification shall automatically terminate as to that portion of the district that has not been developed. The requirements and provisions of the underlying zoning classification in its entirety shall thereafter apply to the undeveloped area. Any factual disputes arising under this subsection shall be presented to and determined by a majority vote of the City Council. 17. Penalties for Violation. Each provision of this code is separable, and a judicial declaration of invalidity of any one provision thereof shall not invalidate the remainder. Any person who shall violate any of the provisions of this code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding minimums as adopted by Minnesota State Statute. City of Eagan Zoning Regulations 15(4- page 79 Agenda Information Memo March 16, 2004 Eagan City Council Meeting B. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - CEDARVALE BUSINESS CENTER ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. OR To continue consideration of the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway to the April 7, 2004 City Council meeting. FACTS: ? At its regular meeting of March 1, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit and setback Variance requested by Realty Designs, Inc. to be considered at the March 16, 2004 regular Council meeting. ? This item is placed on the agenda under Old Business rather than the Consent Agenda, which is customary, because the property owner's attorney has requested that consideration of the Findings of Fact be continued to allow her and her client to meet with City staff "...to see if we can work out a solution that meets everyone's needs..." ? The matter was before the City Council on December 1 and 18, 2003, January 6, 2004, and March 1, 2004. ? The CUP and Variance request was heard by the Advisory Planning Commission on November 25, 2003. ATTACHMENTS: (2) Findings of Fact, Conclusions & Resolution of Denial, page 19 r through h5r Letter requesting continuance, page 10-[. / 5?3 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Realty Designs, Inc. FINDINGS OF FACT, for a Conditional Use Permit and Variance to CONCLUSIONS AND Erect a Pylon Sign at the Cedarvale Business RESOLUTION Center This matter came before the Eagan City Council at its meetings of December 1 and 18, 2003, January 6, 2004 and March 1, 2004. The Council received and considered the November 14, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on November 25, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Representatives of the landowner appeared at the public hearing held by the Advisory Planning Commission or at the meetings of the City Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Realty Designs, Inc. (the "Applicant") for a Conditional Use Permit to erect a pylon sign at 3902 - 3938 Cedar Grove Parkway (the "Property") and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign (the "Project") is properly brought before the Eagan City Council. 2. The property is legally described as being a part of Lot 1, Block 1, Stryker Addition, and over, across and upon Lot 1, abutting Cedar Grove Parkway, is a ten foot drainage and utility easement dedicated to the public on the plat of Stryker Addition (the "Easement"). 3. The Property is owned by Cedarvale Business Center and is designated SA, Special Area within the City's Comprehensive Guide Plan Land Use and is zoned CSC, Community Shopping Center. 4. The Property is developed with a mixed use, there are commercial uses on the ground level and apartments above. There exists a parking lot in front of the building along Cedar Grove Parkway, that is owned by Cedarvale Business Center, while an additional parking area to the rear of the building is owned by Cedarvale Highlands Apartments. 5. There currently exists a monument sign in front of the building, that is located in the public right of way for Cedar Grove Parkway. The monument sign is approximately in the middle of the lot between the east and west property lines for the Property. 6. A portion of the parking lot located along Cedar Grove Parkway extends into the dedicated Easements. 7. The Applicant's project includes the removal of the existing monument sign and the placement of a pylon sign near the same location. 8. Applicant's proposed sign would be located within the Easement. 9. The Applicant intends to provide a sign panel for each of the tenants located within the business center. 10. Section 11.70, subd. 28(3)(a) defines a business sign as any sign upon which there is any name or designation that has as its purpose business identification. 11. Section 11.0, subd. 28(c)(3) provides: "no business sign shall be located nearer than ten feet from any property or dividing line. 12. Applicant's proposed sign does not satisfy the minimum ten foot setback and therefore, a variance has been requested. /ss? 13. Section 11.40, subd. 8 prohibits the location of any structure in or on any public lands or right of way without approval by the City Council. 14. Section 11.30 of the City Code defines a public right of way as: "the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city..." 15. Section 11.50 of the City Code provides the evaluation criteria for the issuance of a conditional use permit, and includes that such permit shall issue only if the council finds that the use at the location will be harmonious with the objectives of the comprehensive plan and code provisions. 16. Section 11.50, subd. 3, of the City Code sets forth the requirements for the Council to consider in the review of an application for a variance. 17. The Advisory Planning Commission recommended approval of the conditional use permit and variance, subject to conditions as found in the Minutes of November 25, 2003. 18. The Advisory Planning Commission's recommendation stated that the drainage and utility easement must be vacated prior to the issuance of the conditional use permit and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Under Section 11.50, subd. 3, the Council shall consider the following factors in its review of an application for a variance: a. Exceptional or extraordinary circumstances apply to the Property which do not apply generally to other properties in the same vicinity and result from lot size or shape, topography or other circumstances of which the owners of the Property have no control. /s? b. The literal interpretations of the provisions of this Code would deprive the Applicant proper use, commonly enjoyed by other properties in the same district. c. Special conditions or circumstances do not result from actions of the Applicant. d. The granting of the variance will not confer on the Applicant any special privilege that is denied by this ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. 3. The Applicant's narrative submitted in connection with the variance application states that they are asking to place the sign at the curb line because: "this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign." 4. Section 11.50, subd. 3 of the City Code states that the purpose for variances is to relax a strict application of the Code where practical difficulties or particular hardships result in carrying out the letter of the regulations. 5. The Applicant has failed to establish a hardship that would result from the placement of the sign in accordance with City ordinances. 6. Locating the sign on the Applicant's Property in conformance with City ordinances would not result in the removal of any significant vegetation, nor impact existing trees on the Property. 7. Enforcement of the City's regulations would not deprive the applicant of the enjoyment of any right held by other properties in the same district; however, the granting of a variance would confer the Applicant with a special privilege of having a structure in a City easement, a privilege not enjoyed by other owners of property in the same district. 8. The Property retains a viable use in its existing condition with a sign that meets City standards. is? RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Conditional Use Permit and Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk /SFl MAR.09'2004 11:26 952 432 3780 SEVERSON SHELDON DOUGHERTY #1747 P.003/003 From: Karen E. Marty To: MIchael0. Dougherty Date: 3/8/04 Timo: 4:26:42 PM MARTY LAW FIRM, LLC 3601 Minnesota Drive Suite 800 Bloomington, MN 55435 Michael G. Dougherty Severson Sheldon Dougherty & Molenda, P.A. 7300 W. 147a St. Suite 600 Apple Valley, MN 55124 Dear Mr. Dougherty: March 8, 2004 Telephone: (952) 921-3959 e-mail: lanstty@ix netoom. oom Fax: (952) 830-8211 Thank you for speaking with me this afternoon. As we discussed, I have been retained by John Fitzgerald, who has seeking a sign permit for the Cedarvale Business Center building. We would lice the opportunity to see if we can work out a solution that meats everyone's needs, prior to the City ocusidering and adopting Findings. Consequently, we would like this left off the next City Council agenda, with the hope that we can come back to the Council with something positive soon. In keeping with this desire to find a prompt and satisfactory resolution, we have scheduled a meeting on the sign permit for next Thursday, March 181°, at City Hall. I look forward to meeting with you and staff at that time. If you have any questions, please let mo know. cc: John W. Fitzgerald MARTY LAW FIRM, LLC Attorney at 1rew /S7 I=ago2 of 2 Agenda Memo March 16, 2003 NE t BUSINESS A. Ordinance Amendment - Chapter 10, Section 10.01, "Storage, Deposit of Refuse" ACTION TO BE CONSIDERED: To adopt an ordinance amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse". REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: • Section 10.01, Subdivision 1.1 of the City code requires that all refuse containers be place a minimum of 8 feet behind the curb during the winter months to avoid conflicts with snow removal operations. • This setback requirement is beyond the capabilities of the newer mechanical arms used by the refuse trucks to pick up the refuse containers. • Staff is proposing that this section of the ordinance be amended to reference a minimum 3 foot setback for enclosed containers. The 8 foot setback would remain for all loose refuse (i.e. yard waste plastic bags, etc.) or open containers (i.e. recycling, etc.) that have to be physically picked up. ATTACHMENTS: • A copy of the draft ordinance amendment is attached as page V. 16 0 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 AMENDING SECTION 10.01, SUBD. 1 REGARDING STORAGE, DEPOSIT AND DISPOSAL OF REFUSE; 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 changing Section 10.01, Subd. 1(I), to read as follows: 1. Curbside means the collection point for garbage, yard wastes and recyclables, which shall be and area not less than three feet of from the street or curb for fully enclosed vendor supplied containers and not less than eight feet from the street or curb for open containers or refuse not placed in containers. onor- near T ept during the . ter- nths when s ,ch materials shall be placed of eight f et behind the curb. 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 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 Petersen Its: City Clerk Date Ordinance Adopted: By: Pat Geagan Its: Mayor Date Ordinance Published in the Legal Newspaper: /6/ Agenda Information Memo March 16, 2004, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - MIDWEST TILE ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Conditional Use Permit to allow additional outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL Majority of Quorum FACTS: ? Midwest Tile developed the site in 2000. The initial design and development did not contemplate outdoor storage. ? In 2001, a CUP was issued for outdoor storage on the west and south side of the building. ? The currently proposed outdoor storage area was originally designated for future building expansion. ? The proposed outdoor storage is to be located on the north side of the building within a slatted chain link fence. Storage items will consist of slabs of natural stone and granite slabs 5-6 feet tall. ? The Advisory Planning Commission held a public hearing on February 24, 2004 and is recommending approval subject to the conditions in the APC minutes. ? The APC did not reach consensus on the enclosure materials but suggested the applicant prepare a more specific Site Plan (i.e. what gets stored where) and narrative for the City Council to consider. ISSUES: ? The current proposal results in three out of four sides of the building having outdoor storage. ? The proposed outdoor storage area is currently a landscaped green area that has high visibility from the adjacent property to the north, the residential properties east of the site, and to the traveling public on Highway 149. ? Due to the proximity and visibility of the proposed storage area, staff suggests an 8' masonry enclosure matching the existing building. Staff will provide additional photos of the proposed storage area for Tuesday's meeting. /6a ? While consensus was not achieved, the APC did recommend unanimous approval of the application with condition #3 being modified to require masonry materials only on the east side of the enclosure. ? In regard to zoning enforcement and the subject site, achieving and maintaining compliance with outdoor storage requirements has proven elusive and on-going for Eagan code enforcement staff since the Midwest Tile building first opened in 2000. 60 DAY AGENCY ACTION DEADLINE May 21, 2004 (Includes City's 60 day extension) ATTACHMENTS (4): Advisory Planning Commission Minutes page(s) Planning Staff Report pages/ throughj5 Revised narrative on pages through ? Revised Site Plans on pages / ' through !' . /63 Eagan Advisory Planning Commission Meeting Minutes February 24, 2004 Page 4 C. CONDITIONAL USE PERMIT - MIDWEST TILE MARBLE & GRANITE A Conditional Use Permit to allow outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road in the SW '/4 of Section 12. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated February 17, 2004. She noted the background and history. Applicant John Morehouse, Midwest Tile explained concern with condition numbers 4, and 3. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked what the future plan for the property is in regard to outdoor storage. She stated she would like to see a more specific plan of what materials would be stored and where the items would be located. Mr. Moorehouse stated this would be the last area requested for outdoor storage. He stated the A frames as shown in the Staff Report are to store the materials on between receiving and selling the materials. He stated sales are steady, year round. He stated all of the area on the south and west side of the building is used for storage currently, with exception to traveling area for forklifts. City Planner Ridley explained that the applicant has been storing things inside and outside the enclosures, including materials and cargo trailers. He stated it has been an on going effort for code enforcement staff to attain compliance. He suggested that the storage be confined to one area with a more permanent masonry enclosure rather than a chain link fence. Member Gladhill asked if the storage on the southwest side of the building is enclosed. City Planner Ridley stated the storage areas on the south and west sides of the building are enclosed with a chain link fence with slats. He stated the current Condition Use Permit pertains to the south and the west sides of the building. Member Steininger stated favor of the proposal because it is an industrial area. He suggested a block enclosure only on the east side for screening and slatted chain link for the remainder. Member Gladhill disagreed and stated that while an 8' masonry wall would be more expensive than chain link, it would be significantly less expensive than expanding the building to increase internal storage capabilities. Member Bendt stated the chain link fence does not shield the material in excess of six feet height. City Planner Ridley stated the original Conditional Use Permit requires an eight foot fence. 16 y Eagan Advisory Planning Commission Meeting Minutes February 24, 2004 Page 5 Member Gladhill stated condition number 4 does not make since it eliminates two storage areas, equal in size to the one proposed. Chair Heyl suggested that a detailed storage plan be submitted by the applicant. She suggested landscaping as additional screening to improve the aesthetics. Member Steininger stated he is against requiring a detailed storage plan and dictating what the applicant can store. Member Leeder agreed with Member Steininger in regard to the storage dictation. Chair Heyl suggested adding a condition that says the applicant provides a landscape or buffer plan and a list of items, and location of the items to be stored before he meets with the City Council. If these things are provided, the City Council should reconsider condition number 3. Member Gladhill stated he would like to see condition number 4 deleted. He stated this proposal is complaint driven, so it is visible to the public. Member Steininger moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road in the SW ' of Section 12 subject to the following conditions as amended: The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. A landscape plan be submitted prior to recording the Conditional Use Permit. 3. The proposed outdoor storage area shall be enclosed by an eight foot tall masonry wall that matches the existing building in color and material. Areas that do not front on HWY 149 may be eight foot high slatted chain link fence. 4. , 2001 shall terminate 5. The subject site must maintain full compliance with the conditions of this CUP. 6. The outdoor storage area is limited to the area depicted on the site plan received January 20, 2004. 7. The outdoor storage is limited to natural stone slabs that are 5-6 feet tall and natural stone tile stored in cartons. Member Heyl stated she will vote in favor, but still suggests a list be presented to the City Council. A vote was taken. 165- PLANNING REPORT CITY OF EAGAN REPORT DATE: February 17, 2004 APPLICANT: Robert McCabe PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 3181 Dodd Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial CASE: 12-CU-01-01-04 HEARING DATE: February 24, 2004 APPLICATION DATE: January 21, 2004 PREPARED BY: Sheila Cartney SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow additional outdoor storage on property located at 3181 Dodd Road, in the SW 1/4 of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems /U6 Planning Report - Midwest Tile CUP February 24, 2004 and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Eagan Pointe subdivision was approved in December of 1999. The Midwest Tile building was constructed and occupied in 2000. In 2001 a Conditional Use Permit was approved to allow outdoor storage in designated areas on the west and south side of the building. EXISTING CONDITIONS The subject 1.9 acre site is occupied by a 15,860 square, foot office/warehouse. According to the site plan there are a total of 35 parking spaces on site. The site is accessed from the south via a shared driveway (that extends westward from Dodd Road). There is outdoor storage on the south and west side of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Industrial I-1, Limited Industrial IND, Industrial South Industrial I-l, Limited Industrial IND, Industrial East Single family residential R-1, Single family residential LD, Low Density residential West Industrial 1- 1, Limited Industrial IND, Industrial /6? Planning Report - Midwest Tile CUP February 24, 2004 EVALUATION OF REQUEST Compatibility with Surrounding Area - With the exception of residential to the east the site is surrounded by Industrial uses. Outdoor storage is a Conditional Use within in the I-1 Zoning district. The property has been approved for outdoor storage in two designated areas on the west and south side of the building. In 2001, outdoor storage was approved via a CUP, staff has concerns with the addition of outdoor storage on the north side of the building as well. This site was developed in 2000, for Midwest Tile, and was not designed for outdoor storage. The building will be surrounded by outdoor storage on three of the four sides. The outdoor storage will be visible from Highway 149; the applicant proposes to install a slatted chain link fence for screening. Staff suggests that a fence that matches the existing building materials would be appropriate. The proposed area for outdoor storage was originally designated for future building expansion. Site Plan - The site plan indicates the proposed outdoor storage area is on the north side of the existing building. A slatted chain link fence is proposed to enclose the storage area, height is not indicated. Fences in the I-1 zoning district are allowed to be up to eight feet in height. The site plan also shows a loading dock in the proposed storage area. The outdoor storage items will consist of slabs of natural stone granite that are 5-6 feet tall and natural stone tile that are in cartons that are shipped in wooden crates. Outdoor Storage - In addition to the requirements for a conditional use permit listed previously, City Code Section 11.70, Subdivision 22, C2, lists performance standards for outdoor storage as follows: a) Outdoor storage items shall be placed within an enclosure. All such enclosures shall be attached to the principal building except in the Limited Industrial district. The outdoor storage is proposed to be enclosed by a slatted chain link fence. Staff suggests the portion of the enclosure that faces Highway 149 should be constructed of materials that match the principal building. b) The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposed storage area is located in the side yard and satisfies both side and front building setback requirements. The I-1 requires a 20 foot side yard setback; the site plan indicates a side yard setback of 20 feet. c) The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed outdoor storage area will be screened by a chain link fence with slats. The property is not adjacent to any residential properties. 16 8" Planning Report - Midwest Tile CUP February 24, 2004 Page 4 d) The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area does not appear to interfere with any pedestrian movement. The storage area abuts the curb edge therefore not interfering with vehicular movements. e) The storage area shall not take up required parking spaces or landscaping areas. Based on a warehouse use the subject site is required to have 25 parking stalls onsite, there are currently 35 stalls available. The proposed outdoor storage area is in a grassy area of the site. It is unclear if landscaping will be affected by the proposed storage. f) The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The site plan indicates the outdoor storage area will be concrete. Existing outdoor storage - As mentioned previously a Conditional Use Permit was approved for outdoor storage in two areas on the subject site. The areas approved for outdoor storage are in a fenced in area on the south and west side of the building. Code Enforcement staff have been working regularly with Midwest Tile on keeping the storage areas in compliance with the issued CUP. Several violations have taken place since the issuance of the CUP. Landscaping - It appears the proposed outdoor storage area is planned to replace some sodded and landscaped area. Staff recommends adding additional landscaping in front of the outdoor storage area on the east side of the building facing Highway 149. A landscape plan was not submitted, additional landscaping may be necessary onsite. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage associated with the business. The outdoor storage items will consist of slabs of natural stone granite that are 5-6 feet tall and natural stone tile that are in cartons that are shipped in wooden crates. In 2001 a Conditional Use Permit was approved for outdoor storage on the south and west side of the building. The building was built in 2000, for Midwest Tile, which was not designed for outdoor storage. The building will be surrounded by outdoor storage on three of the four sides. The outdoor storage will be visible from Highway 149, the applicant proposes to install a slatted chain link fence for screening; however, staff suggests an enclosure that matches the existing building materials. Code Enforcement staff have been working with Midwest Tile on keeping the storage areas in compliance with the issued CUP. Several violations have taken place since the issuance of the CUP. Staff recommends adding additional landscaping in front of the outdoor storage area on the east side of the building facing Highway 149. A landscape plan was not submitted, additional landscaping may be necessary onsite. /69 Planning Report - Midwest Tile CUP February 24, 2004 Page 5 Staff suggests that if approved, the current Conditional Use Permit should replace the CUP issued in 2001. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of natural stone slabs that are 5-6 feet tall and natural stone tile stored in cartons as depicted on the site plan received January 20, 2004, for property located at 3181 Dodd Road; if approved the following conditions apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. A landscape plan be submitted prior to recording the Conditional Use Permit. 3. The proposed outdoor storage area shall be enclosed by an eight foot tall masonry wall that matches the existing building in color and material. 4. Upon recording the 2004 Conditional Use Permit, the Conditional Use Permit issued in 2001 shall terminate. 5. The subject site must maintain full compliance with the conditions of this CUP. 6. The outdoor storage area is limited to the area depicted on the site plan received January 20, 2004. 7. The outdoor storage is limited to natural stone slabs that are 5-6 feet tall and natural stone tile stored in cartons. 120 FINANCIAL OBLIGATION-12-CU-01-04, Lot 5, Block 1, Eagan Pointe Midwest Tile and Granite There are pay-off balances of special assessments totaling $5,944 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and 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. IMPROVEMENT USE RATE QUANTITY AMOUNT Total 1071 January 20, 2004 To: City of Eagan 3830 Pilot Knob Road Eagan Minnesota 55122-1897 Re: Application for Conditional Use Permit Attn: Ms. Sheila Cartney Dear Ms. Cartney, Midwest Tile, Marble & Granite intends to utilize an area of our site originally designated as future expansion as outdoor storage for material that has been brought into our facility and put into our inventory until it can be loaded onto our delivery trucks and shipped to our local customers. This material is presently unloaded in our parking lot, our new outdoor storage area will incorporate a dock that trucks can backup to and leave flatbeds and containers for unloading. This will enable us to unload the material behind the building and not in the parking lot. The material that we will be storing in the outdoor storage area comes to us in cartons that are shipped in wooden crates. Our intent for the construction of this outdoor storage area is concrete paving with a slatted chain link fence enclosure. The dock will also be constructed of concrete, and will be designed and built to currant building codes. Respectfully Submitted, John Morehouse / 7c), Midwest Tile, Marble and Granite, Inc. 200 West Industrial Lake Drive Lincoln, Nebraska 68528 402-476-2542 Fax 402-476-7891 Toil Free 888-818-6864 4515 South 90th Omaha, Nebraska 68127 402-331-3800 Fax 402-593-7529 Toll Free 800-818-6813 t RECEIVED JAN 2 0 20 303599th Street Urbandale, Iowa 50322 515-334-0139 Fax 515-334-0142 Toll Free 800-747-8453 3181 Dodd Road, Eagan, Minnesota 55121-2308 651-405-0707 Fax 651-405-0574 Toll Free 888-887-8663 - - - - - 1075 W. Sam Houston Parkway North, Suite 200, Houston, Texas 77043-5018 713-984-8085 Fax 713-984-8086 _. Toll Free 80.0.-55377866 W227 N 722 Westmound Dr. Waukesha, WI 53186 262-547-8400 Fax 262-547-8585 Toll Free B00-724-7105 16950 I.H. 35 Buda, TX 78610 512-312-2905 Fax 512-312-2906 Eagan Boundary ¦ Location Map Street Centerline Parcel Area Building Footprint 1 V '" I ar \ j t s; \\ a p Al ?4 ?+ 'tR 14 E o?'?• <? re- 61"'. 'yf, _ ®e r'S ? u Fr a6L f as J 4 Q/ S?'> Q ? Subject Site --4 1 w ? t `c . ? ?•. ut fh 6? ? e+ __ . tY.?NKEeypOpllRD:I--- NOS t:A 6 .> ® 9 P © c? ig. L 1000 0 1000 2000 Feet Development/Developer: Midwest Tile Application : Conditional Use Permit Case Noe / : 12-CU-01-01-04 Map Prepared using ERSI ArcYrew 31. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. tcitV of eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY of this information and are c t th t W E Th e ac uracy guaran ee e City of Eagan and Dakota County do no S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Midwest Tile Land Use Map Case No. 12-CU-01-01-04 Zoning Map ft1 P P Current Zoning: o 4 'bill r1opb c' 114 Limited Industrial AC PD PD . 1S `v pNKEE DOODLE RD.) D, N o BP 600 0 600 12D0 F..t F Comprehensive Guide Plan Land Use Map ®? m P P IN D ? ?l`? s9 d? C3 L C d urrent an Use Designation: IND ., IND Industrial JIND m IND \ ?. - ly pNKEE DOODLE RD.) D' N ao' BP IND 600 0 600 1200 F..t (%P L7LI Parcel b... ' map y Dakota County Land Survey Department Jun. 2003. N Zoning Information maintained D)City StafL City of Eagan v ( THIS M I W E Community Development Department The City of Eagan A S INTENDED FOR REFERENCE USE ONLY and DakP ota County do not guarantee the accuracy of this information. S z z m w W O 0 Z 3c O IJ W z d O .Z ? gg S 1 Jill 6 , U QLM ? A I ? J 3AIJ? 31v/`I?d \ ?o\_ } FiF ?i • ? Y $ ? mtlo t = - .tll _< gJj O pill _ ° ? g stl ig CV r-•. j t:? :] MIDWEST TILE, MARBLE & GRANITE, INC. March 4, 2004 To: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Amendment to Conditional Use Permit for outdoor storage Attn: Ms. Sheila Cartney Dear Ms. Cartney, In an effort to maintain the strong growth of sales at our Eagan facility, Midwest Tile is requesting an area on the North side of the building to be incorporated into the existing C.U.P. for outdoor storage. This area shall be enclosed with material to match the building structure on the East side which is adjacent to Highway 149, and across Highway 149 from any residential areas. The remaining sides are adjacent to industrial properties and shall be enclosed with an 8-foot chain link fence with opaque screening slats. The area of storage covers approximately 3400 square feet plus an area of approximately 900 square feet to build a loading dock. This are shall be paved with concrete and shall not effect any of the parking stalls currently shown for use on the site plan. The loading dock shall be within the screened enclosure and all appropriate set-backs. The property shall maintain over 35% green space and all of the existing landscaping. There are two Black Hills Spruce Trees that will be relocated from the rear of the property to the front as additional screening to highway 149. The material stored in the enclosure shall be below the 8-foot height of the stone block walland screened fence. This material shall consist of natural stone slabs and tile that is crated. Midwest Tile, Marble and Granite, Inc. 1026 200 West Industrial Lake Drive Lincoln, Nebraska 68528 402-476-2542 Fax 402-476-7891 Toll Free 888-818-6864 4515 South 90th Omaha, Nebraska 68127 402-331-3800 Fax 402-593-7529 Toll Free 800-818-6813 303599th Street Urbandale, Iowa 50322 515-334-0139 Fax 515-334-0142 Toll Free 800-747-8453 3181 Dodd Road, Eagan, Minnesota 55121-2308 651-405-0707 Fax 651-405-0574 Toll Free 888-887-8663 1075 W. Sam Houston Parkway North, Suite 200, Houston, Texas 77043-5018 713-984-8085 Fax 713-984-8086 Toll Free 800-553-7866 W227 N 722 Westmound Dr. Waukesha, WI 53186 262-547-8400 Fax 262-547-8585 Toll Free 800-724-7105 16950 I.H. 35 Buda, TX 78610 512-312-2905 Fax 512-312-2906 -2- March 4, 2004 The containers that this material is unloaded from shall be within the enclosure on the west side of the building when they are backed up to the dock for unloading. The remaining area on the West and South side shall be used to stage material that is taken from our inside inventory and loaded onto our delivery trucks, and our customer's vehicles. Sincerely) John Morehouse /'*? 7 Midwest Tile, Marble and Granite, Inc. 200 West Industrial Lake Drive Lincoln, Nebraska 68528 402-476-2542 Fax 402-476-7891 Toll Free 888-818-6864 4515 South 90th Omaha, Nebraska 68127 402-331-3800 Fax 402-593-7529 Toll Free 800-818-6813 303599th Street Urbandale, Iowa 50322 515-334-0139 Fax 515-334-0142 Toll Free 800-747-8453 3181 Dodd Road, Eagan, Minnesota 55121-2308 651-405-0707 Fax 651-405-0574 Toll Free 888-887-8663 1075W. Sam Houston Parkway North, Suite 200, Houston, Texas 77043-5018 713-984-8085 Fax 713-984-8086 Toll Free 800-553-7866 W227 N 722 Westmound Dr. Waukesha, WI 53186 262-547-8400 Fax 262-547-8585 Toll Free 800-724-7105 16950 I.H. 35 Buda, TX 78610 512-312-2905 Fax 512-312-2906 I iJ,a bJm?:3 e_ rrr ° 3SVHd - NVId 3dYOSONVl Y r- t J- 1 ?? r,u' ?1O63NNI I 'NVOV3 -66 ON 103f0Ed A110 4ry r?1 i f ? o 3 i o R ;'?F a wlr D F + J E o 5} { S '""? k 3sno"3uv 31NIOd NV9V3 M ?I! , = z a- I- z Z W 0 W 2 w W Z ? G Y? 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