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07/06/2006 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 6, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE P ~ . li. ADOPT AGENDA (At approximately 8:00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA 'P.Z A. APPROVE MINUTES P~ ~ B. PERSONNEL ITEMS P C. APPROVE CHECK REGISTERS D. APPROVE Tree Maintenance Contractor License for Prime Cut Tree Service, 756 Jackson St., St. Paul !~' O E. APPROVE Massage Therapy Establishment License for Julie Bunde (All About You Salon), 525 Diffley Road P~ " F. APPROVE Record of Decision for Environmental Assessment/Worksheet for Project 778, TH 149 upgrade (or authorize Environmental Impact Statement) P~ ~~ G. APPROVE street name change of Baffin Trail /Delaware Trail to Argenta Trail ~` H. ACKNOWLEDGE completion and authorize City maintenance of Project 03-Q (Wentworth Park) ~~ ? I. APPROVE Antenna Lease Agreement with Cingular for Yankee Doodle Reservoir ff"" , ~ J. ACCEPT a grant award of a thermal imager from commercial Equipment Direct Assistance Program K. APPROVE extension of recording final plat of Kennerick Third Addition L. APPROVE sale of remnant City Property (Parcel 10-03600-020-82 to Revestors, Inc.) M. APPROVE change in address on off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor, from 525 Diffley Road, Suite 1030 to Suite 2050 p.'~~ N. APPROVE License and User Agreement with Davey Tree Expert Company P ~O. APPROVE Comprehensive Guide Plan Amendment, Rezoning, Preliminary Subdivision, Conditional Use Permit and Variance for Nature's Point, west of I-35E on Taconite Trail south of Diffley Road V. PUBLIC HEARINGS P• ~ J A. EASEMENT VACATION for Outlot A, Eagan Woods Office Park p, yZ- B. VARIANCE - A 3% variance to the 20% lot coverage requirement for a porch addition located at 1746 Galaxie Court on Lot 3, Block 1, Galaxie Hill Oaks in the NE'/4 of Section 32. VI. OLD BUSINESS p~~A. ORDINANCE AMENDMENT - An Ordinance of The City Of Eagan, Minnesota, Amending Eagan City Code Chapter 10 Entitled "Public Protection, Crimes And Offenses" By Amending Section 10.12, Subd. 7(D), Regarding Regulation Of Harboring Carrier Pigeons; and by Adopting by Reference Eagan City Code Chapter l and Section 10.99. P. SSB. REQUEST FOR MODIFICATION -Viva Italia -Condition regarding reserved parking signs in conjunction with PD Amendment to add patio dining to the Viva Italia restaurant at the Centennial Ridge retail building at 1629 Lena Court in the NW '/4 of Section 28. VII. NEW BUSINESS ~. S~ A. PRELIMINARY SUBDIVISION -Gopher Commons -Gopher Resources - A Preliminary Subdivision of approximately 21 acres to create 3 lots and 1 outlot located at the SW '/4 of Yankee Doodle and State Highway 149 n, ~ /^~~ in the N W '/4 of Section 13. '+ V REZONING, PRELIMINARY PLANNED DEVELOPMENT - Kennealy Ridge Apartments. A rezoning of 6.8 acres from (A) Agriculture and (R-4) Residential Multiple to (PD) Planned Development and a Preliminary Planned Development of 6.8 acres to create amulti-family apartment building and a Comprehensive Guide Plan Amendment from LD (Low Density) to HD (High Density) located at 2101 Wuthering Heights Road in the SE '/4 of Section 18. ~~ , ~ 2,C. PLANNED DEVELOPMENT AMENDMENT - Park Nicollet Health Services - A Planned Development Amendment to allow a pylon sign located at 1885 Plaza Drive on Lot 1, Block 1, Galaxie Cliff Plaza Second Addition in the N W %4 of Section 32. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY P) ~ A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Consider Approval of Advance Payment of Relocation Benefits to Southeast Entertainment Enterprises, Inc. (Grand Slam) 2. CEDAR GROVE REDEVELOPMENT DISTRICT -Schedule Public Hearing to Consider the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3820 Sibley Memorial Highway F. OTHER BUSINESS - The EDA will be asked to hold an executive session to discuss general aspects of relocation benefits and terms for tenants of the Cedarvale Mall. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. 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. City of Ea~a~ ~¢mo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 30, 2006 SUBJECT: AGENDA INFORMATION FOR JULY 6, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 6, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 6, 2006 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 June 20, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the June 20, 2006 regular City Council meeting are enclosed on pages 3 through ~. z MINUTES OF A REGULAR MEETING OF THE ~Rq EAGAN CITY COUNCIL F T Eagan, Minnesota June 20, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on June 20, 2006 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, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: S Nay: O RECOGNITIONS AND PRESENTATIONS The Eagan Explorers Post was recognized for 20 years of service. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 6, 2006 City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Adam Bourassa as a Utilities Maintenance Worker. 2. It was recommended to approve the hiring of Brea Bruggeman as a part-time Clerical Tech III in Police. 3. It was recommended to acknowledge the internal transfer of Anna Volk from Community Service Officer to 9-1-1 Dispatcher. 4. It was recommended to acknowledge the promotion of Sonja Rippe from Recreation Program Supervisor to Recreation Facility Manager. 5. It was recommended to acknowledge the promotion of Paula Nowariak from Recreation Program Supervisor to Recreation Program Manager. 6. It was recommended to approve the hiring of Jamie Feckey, Dawn King and Jessica Tone as part- time fitness attendants at the Community Center. 7. It was recommended to accept the letter of resignation from Police Officer Andrew Rapaway. C. Check Registers. It was recommended to ratify the check registers dated June 8, 2006 and June 15, 2006 as presented. D. Authorized Bank Account Signers. It was recommended to approve a resolution naming the authorized signers on the Anchor Bank accounts. E. Electronic Voting System Plan. It was recommended to adopt the City of Eagan's Municipal Electronic Voting System Plan authorizing the use of the AutoMARK Voter Assist Terminal. F. Donation. It was recommended to accept a 1965 replica Eagan Police Squad Car from the Eagan Citizens Crime Prevention Association (value $6,500). G. Kennel License. It was recommended to approve a kennel license for Lesley Tscherne at 3812 Blackhawk Ridge Place. H. 2006-2007 Massa eg Therapy Establishment License Renewals. It was recommended to approve license renewals for Massage Therapy Establishments for 2006-2007. I. 2006-2007 Amusement Device License Renewals. It was recommended to approve 2006-2007 amusement device license renewals. J. Ewan Foundation Application for Excluded Bingo. It was recommended to approve the application for excluded bingo for the Eagan Foundation to conduct bingo games on July 4, 2006 at the Eagan Community Center. 3 Eagan City Council Meeting Minutes June 20, 2006 Page 2 RAFT K. Project 929. It was recommended to receive the Draft Feasibility Report for Project 929 (Red Pine Lane / Gun Club Road -Street Improvements) and schedule a public hearing to be held on July 18, 2006. L. Release of Development Contract. It was recommended to approve release of a Development Contract between the City of Eagan and Opus Northwest, LLC for Lot I, Block 1, Cedar Bluffs Business Center and authorize the Mayor and City Clerk to execute a new Agreement between the City and Opus Northwest, LLC concerning the warranty of the public improvements installed under the development agreement. M. Contract 06-07. It was receive the bids for Contract 06-07 (2006 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute all related documents. N. Proiect 858. It was recommended to schedule a Public Hearing for Project 858 (Sibley Terminal Industrial Park -Storm Sewer Improvement) to be held on July 18, 2006. O. Southeast Eagan Redevelopment Plan. It was recommended to approve the Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment Financing Plan for the District and authorize a request for certification of the district by Dakota County. P. Final Subdivision. It was recommended to approve a Final Subdivision (Yankee Square) to create three lots on approximately 4.99 acres located at 3460 and 3470 Washington Drive in the NE '/4 of Section 16. Q. Premise Permit Renewal. It was recommended to approve a premise permit renewal for Metro Baseball League to conduct apull-tab operation at Joe Sensers Grill and Bar, 3010 Eagandale Place. R. Award Contract. It was recommended to award a contract to Harris Contracting Company to install energy conservation measures at the Eagan Civic Arena. S. Rieht of Way Vacation. It was recommended to receive the petition to vacate a portion of a public right-of- way (Gun Club Road) adjacent to proposed Red Pine Crossing (Parcels 10-03600-021-79) and 10-03600- 022-79) and schedule a public hearing to be held on July 18, 2006. T. Contract 04-05. It was recommended to approve the final payment for Contract 04-OS (Well No. 20 - Pumping Equipment) in the amount of $9,485.05 to Encomm Midwest, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. U. Donation. It was recommended to approve the acceptance of a $1200 donation from the Eagan Lioness for the purchase and installation of park bench in Central Park. V. Community Technology Advisors. It was recommended to approve hiring Community Technology Advisors to assist with telecommunications infrastructure language in the Comprehensive Plan Update and to outline possibilities to incorporate the same for City ordinances and subdivision regulations for an amount not to exceed $7,000. W. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Oakview Center 2"a Addition, located south of Lone Oak Road and north of Highway 55 in the N W '/4 of Section ] 2. X. Award Bid. It was recommended to award the bid for a diesel exhaust removal system for the five fire stations. Y. Extension for Recording Final Plat. It was recommended to approve an extension to July ] 0, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/< of Section 4. Z. Tree Contractor License. It was recommended to approve the application for Immediate Response, LLC, 8850 540`'' Street, Rush City, MN for a Tree Maintenance Contractor License. None PUBLIC HEARINGS OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges noted that Paster Enterprises has requested that consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area -Office/Service, to Special Area -Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE '/4 of Section 9 be continued to the February 6, 2007 City Council meeting. Eagan City Council Meeting Minutes June 20, 2006 Page 3 CRAFT Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area -Office/Service, to Special Area -Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE'/4 of Section 9. Aye: 5 Nay: 0 NEW BUSINESS CONDITIOINAL USE PERMIT -SHAW INDUSTRIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow outdoor storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit to allow outdoor storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW '/4 of Sectionl7, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All existing temporary signs shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen plantings or privacy fencing to be installed to screen the storage from public rights-of--way. 4. The outdoor storage shall not exceed 6' in height. 5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation through the storage area. PRELIMINARY SUBDIVISION (HERITAGE OF HIGHVIEW) -GLORIA FRITZ City Administrator Hedges introduced this item regarding a Preliminary Subdivision (Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at 1420 Highview Drive. City Planner Ridley gave a staff report. It was noted that the Advisory Planning Commission recommended denial of the proposed subdivision; however, the proposal is consistent with the Guide Plan designation and all zoning/subdivision requirements. Gloria Fritz discussed the proposed subdivision. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at 1420 Highview Drive, in the SE '/4 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1-3, D1, E1. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. This would require an inside noise level reduction of at least 20 dBA. 4. All existing sanitary sewer and water services shall be abandoned in accordance with City Public Works standards as part of this development. 5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to issuance of building permits for the proposed houses on those lots. 6. The developer shall dedicate a public trail easement, in a form acceptable to the City Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3. 7. Water Quality requirements shall be via a cash dedication. 5 Eagan City Council Meeting Minutes June 20, 2006 Page 4 BRA FT 8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision application that illustrates the placement of Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 9. The developer shall also contact the Forestry Division to set up apre-construction site inspection at least five days prior to grading to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. ]0. The developer is subject to a cash park and trail dedication for two lots based on past park dedication payments. 11. The developer's trail dedication shall be credited to the cost of constructing the trail connection to Highview Park. Construction costs not covered by trail dedication should be credited to the two lot park dedication. ADMINISTRATIVE AGENDA It was noted that the Economic Development Authority would be asked to hold an executive session to discuss negotiations for the possible acquisitions of the Cedar Grove Shell Station. Public Works Director Colbert discussed a request for a variance to the County's access spacing guidelines for the proposed Gopher Commons Addition. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize City Staff to submit a request for a Variance to the County's access spacing guidelines for the proposed Gopher Commons Addition. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council meeting at 7:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /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. Agenda Information Memo July 6, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Planning Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Leslie Chemielewski as a Planning Intern. 7 Agenda Information Memo July 6, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 22, 2006 and June 29, 2006 as presented. ATTACHMENTS: • Check registers dated June 22, 2006 and June 29, 2006 are enclosed without page number. a Agenda Memo July 6, 2006 Regular City Council meeting CONSENT AGENDA: D. Tree Maintenance Contractor License for Prime Cut Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Prime Cut Tree Service, 756 Jackson Street, St. Paul. FACTS: Prime Cut Tree Service has applied for a tree maintenance contractor license All requirements of the application have been met and fees have been paid Staff has reviewed the application and deem it in order for approval ATTACHMENTS: None. (The application is available for review in the Administration Department.) 9 Agenda Memo July 6, 2006 Regular City Council meeting CONSENT AGENDA: E. Massage Therapy Establishment License for Julie Bunde, All About You Salon ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Julie Bunde (All About you Salon), 525 Diffley Road FACTS: Julie Bunde has applied for a license to operate a massage therapy establishment at 525 Diffley Road All requirements of the application have been met and fees have been paid A background check was conducted and deemed clear by the Police Department ATTACHMENTS: None. (The application is available for review in the Administration Department.) /~ Agenda Information Memo July 6, 2006 Eagan City Council Meeting F. PROJECT 778, TH 149 -STREET UPGRADE ACTION TO BE CONSIDERED: Approve a Record of Decision for Environmental Assessment/Worksheet for Project 778 (Trunk Highway 149 -Street Upgrade) of a Negative Declaration on the need for an Environmental Impact Statement (EIS). FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side north of Wescott Rd. • On April 5, 2005, the City Council closed the public hearing and approved Project 778. The final plans and specifications are nearing completion with MnDOT's anticipated approval. The acquisition of right-of--way and easements from 42 properties is proceeding in anticipation of Fall 2006 construction for private utility relocations and 2007 for the major highway upgrade. • With TH 149 under MnDOT jurisdiction, the construction related activities must meet State environmental approval requirements. Similarly, the $6.0 million of Federal funding requires that all construction related activities must meet Federal environmental approval requirements, as well. Federal Environmental Assessment (EA) and the State Environmental Assessment Worksheet (EAW) documents are required to obtain the State and Federal environmental approvals. For this project, a combined document covering both requirements has been prepared. • Mailed notices were published in the legal newspaper and sent to adjacent property owners in Eagan inviting them to a public hearing to comment on the purpose, need, and anticipated social, economic, and environmental impacts of the project. • On June 6, 2006, the City Council held a formal public hearing during the 30-day public review period as required by the Environmental Assessment process. The review period ended June 21, 2006. No comments from the general public were received during the 30-day review period nor at the public hearing. Three written comments were received by other governmental agencies. The comments received do not support the need for a formal Environmental Impact Statement (EIS). • A resolution for a Negative Declaration on the need for an EIS is being presented for favorable Council consideration based on the "Findings of Fact & Conclusions and No Significant Impact" document. This document has also been posted on the City's web site for quick reference and review. • Based on the documentation of impacts in the EA, the comments received in response to the public hearing and the public comment period, and the Council's resolution of Negative Declaration, the Minnesota Department of Transportation will recommend that the Federal Highway Administration (FHWA) prepare a Finding of No Significant Impact (FONSI) for this project. ATTACHMENT • Resolution, page • Findings of Fact & Conclusions document, enclosed without page number. CITY OF EAGAN RESOLUTION NO. DECLARING A NEGATIVE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE TH 149 RECONSTRUCTION PROJECT FROM ALBANO TRAIL TO TH 55 CITY PROJECT NO. 778 WHEREAS, the City of Eagan is the Regulatory Government Unit in the preparation of the Environmental Assessment (EA)/Environmental Assessment Worksheet (EAW) for the proposed TH 149 Reconstruction Project from Albano Trail to TH 55, formally known as City Project No. 778; and, WHEREAS, the EA/EAW is based on the reconstruction of an existing "A" Minor Arterial Roadway, City Project No. 778; and, WHEREAS, ;the City of Eagan has submitted a copy of the EA/EAW to all public agencies on the EA and EAW distribution lists, publishing EA/EAW availability in the EQB Monitor on May 22, 2006, all of which were completed in accordance with applicable State laws, rules, and regulations; and, WHEREAS, a Public Hearing was held on June 6, 2006 for the purpose of receiving public comment; and, WHEREAS, the 30-day comment period ended on June 21, 2006, with three regulatory agencies commenting; and, WHEREAS, the City of Eagan acknowledges the comments from Dakota County, the Metropolitan Council, and the Minnesota Pollution Control Agency; and, WHEREAS, the comments received do not support the need for an Environmental Impact Statement on the proposed project; and, WHEREAS, the City of Eagan has considered the comments that were received and shall complete an Environmental Assessment Update/Findings of Facts and Conclusions supporting the declaration of negative need, including responses to the commenting regulatory agencies. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan has made a negative declaration on the need for an Environmental Impact Statement for the TH 149 Reconstruction Project from Albano Trail to TH 55. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented and adopted by the Council of the City of Eagan at a duly authorized meeting thereof held on the 6~` day of July 2006, as shown by the minutes of said meeting in my possession. City Clerk Agenda Information Memo July 6, 2006 Eagan City Council Meeting G. BAFFIN TRAIL -STREET NAME CHANGE ACTION TO BE CONSIDERED: Approve Street Name Change of Baffin Trail/Delaware Trail to Argenta Trail. FACTS: • Baffin Trail (formerly County Road 63) connects State Trunk Highway (TH) 149, at the intersection of Wescott Road, to Opperman Drive along our corporate border with Inver Grove Heights. It then becomes Argenta Trail as the roadway continues north through Inver Grove Heights and then changes to Delaware Trai•1 at the Sunfish Lake/Mendota Heights border. Only the west half of the roadway lies within the City of Eagan as it runs along the common border with Inver Grove Heights between Wescott Road and Opperman Drive. • In April 2005, Dakota County officially vacated and turned back the jurisdictional ownership and related maintenance responsibility for that portion of County Road 63 from TH 149 to the newly extended Yankee Doodle Road (CSAH 28) through the cities of Eagan and Inver Grove Heights. • On April 5, 2005, the City Council approved the upgrade of TH 149 to a 4-lane divided roadway, reducing the existing full accesses to right-in/right-out movements only for a number of local businesses. The businesses located along TH 149 between Opperman Dr & Wescott Rd will want to direct deliveries via Opperman Drive and Baffin Trail to accommodate full directional movement of goods and supplies. • The multiple street name designation for existing and former sections of Co. Rd. 63 (Baffin Trail, Argenta Trail & Delaware Trail) do not provide for clear directions for alternate routing access. Business representatives also voiced concern over the confusion of the Baffin Trail street name for such a short segment of what appears to be a continuation of Argenta Trail. • City staff also discovered the sole Eagan resident on Baffin Trail (at the intersection of Opperman Dr) had chosen a street address of Delaware Trail, even though Delaware Trail does not officially exist in Eagan or Inver Grove Heights and doesn't show up on either city's map. This parcel was the only property in Eagan or Inver Grove Heights that had a Delaware Trail address. • Both Eagan and Inver Grove Heights city staff have communicated the proposed street name change (Baffin Trail to Argenta Trail) to affected property owners along this road segment and received no objections. • On June 26, 2006, the Inver Grove Heights City Council approved the name change of the segment of roadway between TH 149/Wescott Road and Oppenman Drive from Baffin Trail to Argenta Trail. • Public Works staff has reviewed the proposed street name change and finds it appropriate for similar Council action. • Upon approval, staff will contact the Eagan Post Office to confirm that they will, as in the past, allow a dual name designation for aone-year transition for mail delivery. ATTACHMENT ~ t 1 • Letter from Don Kirchgatter, page t~ • Map of Road segments, page ~~J~ 13 3575 Delaware Trail Eagan, MN 55123-1336 May 22, 2006 RECEIVE Russ Matthys City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Dear Mr. Matthys, MAY ~ 1 2QQ~ ENGINEERIN pEpgp TMENE We are responding to the City of Eagan's proposal that our street address be changed from Delaware Trail to Baffin Trail. Certainly it is important to emergency vehicles, delivery vehicles, and visitors to residents in the neighborhood that it be as easy as possible to locate addresses in the neighborhood. We do not feel a change to Baffin Trail is in the best interests of the community. Instead, we propose that Eagan follow the lead of the City of Inver Grove Heights in continuing the name of Argenta Trail along the street now known as Delaware Trail through to Highway 149. This would provide continuity for the entire stretch of roadway between major crossroads. Thank you, f _l V Donn Kirchgatter ~ ~~ ~~~ ,,/ ~>%~~ Y Joann Kirchgatter l~ O~ Q O~ ~ M w W ~ Q ~MENDOTA HEIGHTS a w Q SUNFISH LAKE INTERSTATE 494 ~ a z 9 0 ~ ~~ I LONE OAK ROAD TRU I NK HWY No. 55 ~ ~ ~ ~~P ~ O ~~~ P G ao ROAD YANKEE DOODLE ~ ~~ ~1 ~ tip I ~G~NTA ~P ~pp,\ D ~ _ _ J Q Q' f- /^j `~ Z LL Q m ~~ WESCOTT ROAD G:JohnGorder BAllen GunClub2 City of Ea~~ll Map of Road Segments Fig. 1 D E rt t Baffin Trail / Argenta Trail /Delaware Ave. ~ I nglneenng men epa Agenda Information Memo July 6, 2006 Eagan City Council Meeting H. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION -CITY PROJECT 03-Q ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 03-Q (Wentworth Park) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Wentworth Park is a commercial office building development requiring the installation of public water main and storm sewer, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. i~ Agenda Information Memo July 6, 2006 Eagan City Council Meeting I. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement with Cingular Wireless for an antenna installation on the Yankee Doodle Reservoir at 760 Yankee Doodle Rd, Eagan, MN and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from Cingular Wireless for the installation of 6 wireless communications system antennae and ground support equipment on the Yankee Doodle Reservoir. • This application and lease have been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. 17 Consent Agenda Information Memo July 6, 2006 Eagan City Council Meeting J. TACSIGHT Thermal Imager for Law Enforcement ACTION TO BE CONSIDERED: To accept a grant award of a thermal imager from Commercial Equipment Direct Assistance Program (CEDAP). FACTS: • With Council approval, the Eagan Police Department applied for an equipment grant with US Department of Homeland Security/CEDAP. • On June 12, 2006, the Eagan Police Department was notified by CEDAP that they were awarding the police department with the TACSIGHT thermal imager for law enforcement. • As part of the grant, an officer will travel to Florida for training in use of this equipment in August of 2006 at no cost to the department, except for wages. • The value of the TACSIGHT thermal imager is approximately $15,000. ATTACHMENTS: Attachments on pages ~ through i8 ~~f ~,. ' ,; ~~ Special Programs Office Chief Kent Therkelsen Eagan Police Department 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Dear Chief Therkelsen, DEPARTMENT OF THE ARMY U. S. ARMY ELECTRONIC PROVING GROUND POST OFFICE BOX 12718 FORT HUACHUCA, ARIZONA 85670-2718 June 12, 2006 My organization, the United States Army Electronic Proving Ground (EPG), administers the Commercial Equipment Direct Assistance Program (CEDAP) on behalf of the Department of Homeland Security, Office of Grants and Training (G&T). In response to your application, we have scheduled your agency to receive the TACSIGHT TM' Thermal Imager for Law Enforcement. The TACSIGHT thermal imager requires no light to operate and detects extremely small differences in temperature to enable law enforcement personnel to see heat signatures of objects, people, and other sources. The TACSIGHT thermal imager generates high-quality images on the darkest nights, even through smoke and fog. The Commercial Equipment Direct Assistance Program recognizes the importance of new equipment education and training, not only for the user, but also to ensure proper operation and deployment of the equipment. With this in mind, attendance at a training session is mandatory prior to receipt of the equipment. The program provides travel, lodging, and an allotment for one person per agency. Our TACSIGHTT"" Thermal Imager for Law Enforcement training session is scheduled for Monday, August 14th in Orlando, Florida and includes 4 hours of hands-on instruction. The program will provide the following for your designated attendee: • Airline tickets (Departure Sunday, August 13 with return on Tuesday, August 15) • Shuttle transportation from Orlando International Airport to hotel with return • Hotel lodging for 2 nights - Doubletree Hotel at the Entrance to Universal Studios (Sunday, August 13 & Monday, August 14) • Breakfast and lunch on training day (Monday, August 14) • Allotment to cover partial expenses Please call our toll-free number 1-866-659-9170 to schedule attendance with our Training Coordinator, Ms. Yvonne Lepisto or with any available staff member. This will be our third training session and will include over 850 law enforcement officers, firefighters, and first responders from across the nation. Our office is operating under a compressed time schedule and requires scheduling to be completed by June 22. If your agency fails to respond prior to the June 22 deadline, your agency will be removed from consideration and will not receive the equipment. Our office hours are Monday through Friday - 8:00 a.m. to 5:00 p.m. EST Saturday - 8:00 a.m. to 3:00 p.m. EST 19 The program pays for the airline ticket, hotel lodging, and meals prior to the session; thus, all airline transportation and hotel requirements are coordinated and scheduled through our office. Please have i~our designated attendee call at the earliest date and prior to June 22. All airline reservations will be non-refundable /non-changeable. After your designated attendee's flight is reserved, we will not be able to change the ticket, and any changes will be at the cost of the attendee. The following information is required when scheduling training attendance: • Agency name, address, telephone, and fax • Name • Address for Federal Express delivery of airline itinerary (If different from agency address) • Departing airport • Room preference (Smoking /non-smoking & bed type) Once initial coordination has been completed, our staff representative will email a copy of the scheduled airline itinerary to the attendee. Our office will send training packets to each attendee on August 4. Each packet will include: • Airline itinerary • Hotel pamphlet • Shuttle information • Training agenda Upon completion of training, the TACSIGHTT"' Thermal Imager for Law Enforcement will be shipped within 48 hours to your agency. I look forward to meeting your representative during the August training session in Orlando. L. J. Shnider Director 2D Agenda Information Memo July6, 2006 Eagan City Council K, EXTENSION FOR RECORDING FINAL PLAT (KENNERICK THIRD ADDITION) -GAIL MCMAHON ACTION TO BE CONSIDERED: To approve (OR deny) an extension to October 9, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/4 of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The City Council initially approved the Final Plat on November 15, 2005, and required the plat be recorded within 60 days of approval. - The applicant was not able to record the plat within the deadline. Due to a number of circumstances. - Extensions have been granted in January, May and June of this year; The current recording deadline is July 10, 2006. - The applicant is waiting for her mortgage company to conduct a new appraisal of her home. - The 90 day extension will allow the applicant to work out the issues with her mortgage company and record the Plat by October 9, 2006. ATTACHMENTS (2): Plat drawing on page Letter from applicant 2i -rz ~~~ $ ~ ~ ~ s ~~ ~~ a ~ ~ ~~ ~ I ` ~ ~ :a~ ~ ' [ .~ z s a e I ~~g 3 e ~ r ~ ~ E~"= a ~4, o s w ~ S ~ 7~r E ~ ~ ~ ~ ' SdLs s U S e M3c $ ig3 E F S~ &S3 v L i j ~ 5 ~ ~ ~ ~ y aEE ~E~ ~a ~ F ~ ~ ~ 3 a a a ~ 9 a 66 ~.add ~ F _ E ~ ': 3 A ~~ I ~ ~ s y~ F s ~~ '~ ° a" ~~ 9 a s m 'a 5 m ~'~ ~ _ ~ 3 lu ~ S S E I ~ ~ry~ i ~E g ~ $ p 3 B ee ~6c ~ $ aQ' ~_S gy3 ~~ a 35 ~ E Y ~ E SF3 A'g ~ 2 3p ~~I B2 [~,~ ~< s ~~ ~ ~ a e _g ~ & ~ x~ ,t_8 ~E zz 3~ ~.¢ cE ms rz °r m i2 _ ° N ~` 5 u m H° 3 ~< ~Cg99 ~ ~~ ~~ r'i ~ m_ zS ,fit5 3 62 .'.o ~ aF I-'a i_ ;~i ~Z F - ~3 °6 On5 ~~ tl A//7////7/7L/ /JA//7/77^ 1//1///7A/A/7f/ , /V(//1/VVY V/VL/~/J.~ -/h//L7 /V/Y~ // I ~ I .a.znao N ~ ~• ^ u•eet 7uumv afros nm~m s ncr y ui an un/ i 1 ~_~rt 1f'~ll I _ _ ~ ~ ~~ I I i--------- i ~ I 1 1 ~ f yv, ~ R V ~--~ I A ~ I : ; ~' S 1 [~ I i O ~j ; -e ~,, r I I (~ C\ i v I I '_~ i ~ `~ C,, ~ i w UCH I I __ ~ ~'` ~ C c' o,~, ~~ ~ §f~ V r~~J I F/ j ~ ~ L ~~ i ~ la a ~I ~ ~ I ~~ p1r , ' __J ~ v .\J ~lqq!l V ~+ I I F~ L___- ~ u ~ I01 ~ ~~6 I i 8~ ~ ~ w ~~I ;_- = =_ _ ---------------------- i I L~J I ~ ~__ .ativoo N csve I ~` ~ I K ' ~ ~ fir. ~ ' _' =r W l~l ~ ~ ~ ~j < <~ ~~ ~ ~~ ~~I ~ U ~~ ~~ ~ ~ ~;~ ~ ~xs ~ ~ ti Cj \~ ~~ b~~ 1 ~ ~__________________________J ~ ~ V~ L-_______ ___-____.l C ~~ / ----- l,,pttW ao~mf M .ZL 1C D 5 I_`~7 M .Y,.7dg0 S r 4 ~~ ~~ 9}y ~ A /~/ //i,.n.. '+ 1. /VV/1/VVY ~~ ~ ~~ ~ 3 /7A //7 /17,^ ~//1/1/7A /A /71/ \~ N a qp i4 ~a~ l~ ~" C ~ as f a ~ ~~ ~~9 H J a J U O 0 C~.I t~ mod,.! id.~ June 29, 2006 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 To Whom It May Concern: I would like to request an extension for final plat approval of Kennerick Third Addition. The City of Eagan and Dakota County have approved the plat changes. I am seeking a partial release or a consent to plat from CitiMortgage regarding the lot lines affecting Lot One, Block Two and Outlot C of Kennerick Second Addition. CitiMortgage had approved the partial release until the appraisal came in with an inappropriately low value, especially in relation to one I had done just last summer. I will need another set of appraisals done before final approval. I am seeking a 90 day extension as the process seems to be quite slow. I am continuing to work with CityMortgage to resolve these issues. Sincerely, J Gail McMahon 1429 Lone Oak Road Eagan, MN 55121-1113 651-454-5604 RECEIVED JUN 2 9 2006 23 Agenda Memo July 6, 2006 Eagan City Council Meeting L. APPROVE SALE OF REMNANT CITY PROPERTY -PARCEL 10-03600-020-82 - TO REVESTORS, INC. ACTION TO BE CONSIDERED: Continue indefinitely consideration of the sale of remnant City property (Parcel 10-03600-020-82) to Revestors, Inc. to allow for further negotiations. FACTS • In conjunction with right-of--way acquisition for the construction of Red Pine Lane in 1995, the City acquired property (Parcel 10-03600-020-82) that was severed from the remainder of the property to the north by the Red Pine Lane right-of--way. • The property is approximately 30,500 sq. ft. (0.7 ac) and of a configuration that makes it difficult to be developed on its own. • Revestors, Inc. has received preliminary subdivision and planned development approval on property ("Red Pine Crossing") adjacent to this remnant property. • Revestors, Inc. desires to purchase the property from the City and incorporate it into the Red Pine Crossing development to help meet density and setback requirements. • Given the unsuitability of stand-alone development of the property, it would be in the City's best interest to negotiate terms for the sale of the property to Revestors, Inc. It is unlikely that these negotiations will be completed by July 6, necessitating this continuance and further negotiation discussions by the Council in a closed session. ATTACHMENTS • Map of Property, page 4J . p • Purchase Agreement, pages ~ through 27 . 2~1 RF O I NE ,o~~F ~~ ~ `~ O Cj, ~ ~-~' ,~ ~P~~ ~~ P ~ ~N J ~ RED ~ 10-03600-020-82 D z ~:! ~ W 4 Q - (~ ~` ~ G~O 3 ~ ~ 3 I Q ~~ Q` ~ 2!'Q `V 2 2 W J `C_ W 022-79 03600-021-79 W 1 ~ 1 Q SUN CLU3 Rt7. cUn m OUTLOT A SPRUCE 2 1 Q G~ M LJ~1 J ~Q~ G~~. Cit f ~ Property Location Fig. 1 y o fl~flIl P ~~ I D 10-03600-020-82 Engineering Department PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made this _ day of , 2006, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "Seller") and REVESTORS GROUP 4, L.L.C., a Minnesota limited liability company (hereinafter "Buyer"). Seller and Buyer are collectively referred to as the "Parties"). WHEREAS, Seller is the owner of certain real estate (the "Property") located in Dakota County, Minnesota and legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota, lying northerly of the south 780 feet of said Northwest Quarter of the Southeast Quarter of Section 36, lying easterly of the easterly right-of--way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad and lying southerly of a line drawn 36.00 feet southerly of a line described as commencing at the southwest corner of the north 198.00 feet of the Northeast Quarter of said Southeast Quarter of Section 36; thence on an assumed bearing of South 0 degrees 08 minutes 27 seconds East along the west line of said Northeast Quarter of the Southeast Quarter of Section 36 a distance of 120.41 feet; thence South 59 degrees 58 minutes 09 seconds West a distance of 338.85 feet; thence westerly a distance of 208.41 feet along a tangential curve concave to the north, having a radius of 400.00 feet and a central angle of 29 degrees 51 minutes 09 seconds; thence South 89 degrees 49 minutes 18 seconds West, tangent to said curve, a distance of 73.07 feet to the point of beginning of the line to be described; thence westerly and northwesterly along a tangential curve concave to the north having a radius of 400.00 feet and a central angle of 33 degrees 29 minutes 30 seconds; thence North 56 degrees 41 minutes 12 seconds West tangent to last described curve, a distance of 219.24 feet and said line there terminating. WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be Fifteen Thousand Two Hundred Four and no/100 Dollars ($15,204.00.) 2. PAYMENT OF PURCHASE PRICE. The purchase price shall be paid by the Buyer in cash or certified funds on the date of closing. 3. TITLE. Buyer shall be responsible to satisfy itself as to the condition of title for the Property. 4. REAL ESTATE TAXES. Real estate taxes for all years prior to the year of closing shall be Seller's responsibility. Real estate taxes due and payable in the year of closing shall be Buyer's responsibility. Buyer shall be responsible for real estate taxes in all subsequent years. Buyer shall be responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending or levied special assessments against the Property. 6. CLOSING. The closing shall take place on or before July 31, 2006, at a place designated by Seller in Dakota County, time being of the essence, or other location mutually agreed to. 7. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: i. Execute and deliver a Quit Claim Deed conveying fee title to the Buyer. b. Buyer shall: i. Make the necessary payments required under paragraph 2 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Quit Claim Deed; iii. Pay the title insurance premiums and the closing fee charges by the title company, if any; and iv. Pay the state deed tax. 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. Seller makes no representations or warranties concerning the condition of the Property. Buyer has undertaken all necessary due diligence, including any and all environmental tests Buyer deems reasonably necessary to satisfy itself as to the physical condition of the property. Buyer is purchasing the Property "As-Is" with all faults. 9. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S. or Federal Express) or sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): 2 Z7 To the Seller: City of Eagan Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147' Street, Suite 600 Apple Valley, MN 55124 To the Buyer: REVESTORS GROUP 4, L.L.C. 3000 County Road 42 W Suite 310 Burnsville, MN 55337 Attn: Tim Anderson 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 constructed 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 insure to the benefit of the respective heirs, successors and assigns of the parties hereto. 13. DEFAULT. a. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason, Seller may enforce specific performance of this Agreement or may terminate this Agreement. b. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason, Buyer may terminate this Agreement as its sole and exclusive remedy. 14. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. 3 28 IN WITNESS WHEREOF the parties have executed this Agreement this day of 2006. BUYER: REVESTORS GROUP 4, L.L.C., a Minnesota limited liability company By: Its: SELLER: CITY OF EAGAN, a Minnesota municipal Corporation By: By: Pat Geagan Its:. Mayor Maria Petersen Clerk 4 29 Agenda Information Memo July 6, 2006, Eagan City Council Meeting M. APPROVE CHANGE IN ADDRESS ON OFF-SALE LIQUOR LICENSE FOR BLACK DIAMOND LIQUOR, LLC, DBA BLACK DIAMOND LIQUOR, FROM 525 DIFFLEY ROAD, SUITE 1030 TO SUITE 2050 ACTION TO BE CONSIDERED: To approve a change in address on the off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor, from 525 Diffley Road, Suite 1030 to Suite 2050. FACTS: - At the June 6, 2006, City Council meeting, anoff=sale liquor license was approved for Black Diamond Liquor. Since that time, the applicant contacted staff with a request to change the address. The applicant is moving within the same retail center due to security reasons. - Staff finds no reason to deny the address change. ATTACHMENTS (0): .~ Agenda Memo July 6, 2006 Regular City Council meeting CONSENT AGENDA: N. Approve License and User Agreement with Davey Tree Expert Company ACTION TO BE CONSIDERED: Approve license agreement with Davey Tree Expert Company for company to use specified city photos of Eagan's Grandfather Tree with proper credit and authorize the Mayor and Clerk to sign all necessary documents. FACTS: • The Davey Tree Expert Company is the parent firm of the company that was specially hired to handle the complex move of the Grandfather Tree in Eagan prior to the construction of the Eagan Community Center. • Photos city staff took of the relocation effort are among the best the company has ever seen regarding the move of a major tree and better than photos the company itself obtained at the time. • Both the City and the Company are desirous of allowing the company limited use of the photos in publicity efforts, as long as proper credit to Eagan is given. • A license and user agreement was prepared by the City Attorney's office, and has been signed by the Davey Tree Expert Company and is ready for authorized City signatures upon approval. ATTACHMENTS: A copy of the license agreement is on pages 3''~ ~~ 31 .28.2006 08:19 #1156 P.001 /006 LICENSE AND USER AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this o2S~ day of ~;,are_ 2006, by and between The Davey Tree Expert Company, an Ohio corporation ("Licensee', and the City of Eagan, a Minnesota municipal corporation (the "City") (collectively referred to as the "Parties"). The Licensee desires to purchase a limited license for the use of cextain City photographs, as identif ed on Exhibit A which is attached hereto and incorporated herein by reference, (the "Photographs") and the City desires to license to Licensee those Photographs. Subject to the terms and conditions of this License and User Agreexnent, the Parties agree as follows: LICENSE AND RESTR)[CTIONS. The City grants to the Licensee anon-exclusive, non-transferable and non-assignable right to use the Photographs in Licensee's publications and newsletters during the term of this Agreement_ Zf used on its web site, Lice~~see shall that the Photographs are in a non-downloadable format. No other use, including use in a different medium or using technology not yet invented without the prior written consent of the City is al..lowed. Licensee shall destroy and delete the Photographs from its files and shall cease using the Photographs upon the termination of this Agreement. Licensee shall destroy and delete from its files all other City photographs that are not licensed. under this License and Use Agreement. The Licensee shall include the following credit information with each Photograph that is published: Photograph under License by the City of Eagan, MN, C~ 2001 Eagan, ~N);N. TERM AND LICENSE 1F`EE. The term of this License shall be for thirty-six (36) months from the date of this Agreement set forth above. Licensee shall pay to the City a License fee of Fifty Dollars and no/100 ($50.00) for each Photograph. MISCELLANEOUS. Inden~nifieati.on. Licensee agrees to indemnify and hold harmless the City, its ofhcers, agents, and employees, from and against any losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, based upon or resulting from any claim arising from this I,ieense or Liecxasee's use of the Photographs, except to the extent such claim is based upon or arises from a breach of this Agreement by the City. Notice. Any notice required or desired to be given in connection herewith shall be in writing and sent by certilied mail, hand delivery, or overnight rr~ail service such as Federal Express, directed to Licensee or the City at the following respective address of each and shall be deemed effective when delivered to the party to whom it is directed: The Davey Tree Expert Company The City of Eagan 1500 N. Mantua St. c/o Thomas Garrison P.O. Box 5193 Directox of Communications Kent, OH 44240 3830 Pilot Knob Road Eagan, MN. 55122 Applicable Law_ This Agreement shall be governed by and construed in accord.anec with the laws of the State of Minnesota. Any lawsuits related to or arising out of disputes under this Agreement shall be commenced and tried in the Distxict Court of Dakota County, Minnesota and Licensee voluntarily submits to the jurisdiction of the District Court for such lawsuits. 32 JUN.29.2006 08:19 #1156 P.002 /006 IN WITNESS WHEREOF, the City and the Licensee have signed this Agreement. This Agreement Lvill be effective upon execution by the Mayor axed Clerk for the City of Eagan_ LICENSEE The Davey Tree Expert Coaxipany B. Title: CITY OF E.A.GAN, a Minnesota municipal corporation By: Pat Geagan Tts: Mayor By: Maria Petersen Its: Clerk Exhibit A .identification of Photographs (o OCR O~~I I . J 1~- (~7 ~t 1010oc~3. ~ ~SCoo oa ~ . J~~ ~~ ~~ ~i~zc~r1-fz~,f~,~ ~e..~ ~ ~,iacn_c!~ , n r~p.~.s~i000>~~m G'~ ~-er- (~ 33 Agenda Information Memo July 6, 2006, Eagan City Council Meeting O. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE -EPIC DEVELOPMENT X, LLC ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment to change the land use designation upon 4.34 acres from QP (Quasi-Public) to LD (Low Density) residential located west of I-35E and south of Deerwood Drive in the SW '/4 of Section 21. To approve (OR direct preparation of Findings of Fact for Denial) the following Rezonings for property located west of I-35E on Taconite Trail located in the SE'/4 of Section 20 and SW'/4 of Section 21: - 0.58 acres from A, Agriculture to PF, Public Facilities - 4.34 acres from A (Agriculture) to R-2 (Residential Double) - 7.62 acres from R-1 (Residential Single) to R-2 (Residential Double) To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Nature's Point) of 12.8 acres to create 301ots for construction of 28 twin homes located west of I-35E on Taconite Trail in the SE'/4 of Section 20 and SW %4 of Section 21. To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow a cell tower in the PF (Public Facilities) zoning district and a Variance of 290 feet to the required 300-foot setback for a tower from a residential zoning district for property located west of I-35E and south of Deerwood Drive in the SW'/4 of Section 21. REQUIRED VOTE FOR APPROVAL: - Comprehensive Guide Plan Amendment - At least four votes - Rezoning - At least three votes. - Preliminary Subdivision, Conditional Use Permit and Variance - Majority of Councilmembers present. FACTS: - On April 18, 2006, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. - One June 21, 2006, the Met Council responded, waiving further review and directing that the City may implement the land use amendment. - The full development proposal was reviewed by the City Council on April 18, 2006. The actions to be considered were outlined in the agenda memo for that meeting, but formal action was withheld until following Met Council review of the Comprehensive Guide Plan Amendment. 3'~ 60-DAY AGENCY ACTION DEADLINE: Expires June 28, 2006 ATTACHMENTS (3): ~~ April 18, 2006 City Council Meeting Minutes, page Correspondence from Met Council dated June 21, 2006, page Preliminary Plat, page ~~ 35 Eagan City Council Meeting Minutes April 18, 2006 Page 4 7~A cash dedication in lieu of on-site water quality ponding should be required fo • '-development. The dedit, n is payable at the time of final subdivision at the rates the ect. 8. This developm 11 be responsible for a cash parks at s dedication on Lot 1, payable at the time of final plat at the rates effect. 9. The new house on Lot 1 shall hav are ' ~ .way with the existing house with cross easements being created in a form able to the City Attorney. Councilmember Ti oved, Councilmember Maguire seconded a motion to approve a Var equest for an existing de ed accessory structure exceeding S76 square feet in area for the existing single-family home at 2900 Skyl' rive. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE -EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation of 4.4 acres from QP, Quasi-Public, to LD, Low Density residential; and companion items of a rezoning of l 2.8 acres to R-2, a preliminary subdivision of 12.8 acres to create 301ots; and a Conditional Use Permit & Variance for a free standing cell tower ]ocated west of I-35E and south. of Deenvood Drive. City Planner Ridley gave a staff report. Perry Ryan, applicant, stated he prefers to install the public improvements privately with no assessments to the adjoining properties. He also discussed the conditions regarding erosion /sediment control plans and a cash dedication in lieu of treatment ponding. Several residents expressed their concern over the possible assessment for the public improvements, drainage issues, increased traffic in the area, and tree removal. City staff addressed the questions and concerns. It was the consensus of the Council that the developer be allowed to install the public improvements privately. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP, Quasi-Public, to LD, Low Density residential, upon approximately 4.34 acres located west of I-35E and south of Deerwood Drive be submitted to the Metropolitan Council for review and approval. Aye: S Nay: 0 ORDINANCE AMENDMENT -CITY OF City Administrator es discussed this item regarding an Ordinance A dment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove Di 'ct (CGD) in regard to design review due the dissolution of the City's Economic Development Corrmiission. Councilmember Carlson moved, Counc' ember Maguir econded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Ce Grove strict (CDG) in regard to Design Review and direct the City Attorney to prepare and publish the amendment ' e legal newspaper. Aye: 5 Nay: 0 AUTHORIZATION FOR RES UTION GREYHAWK EASEMENT ACQUISITION City Administrator Hedges discussed dispute that has arisen be een the owner of a single family lot and the Greyhawk Homeowners Associati concerning the private street an intenance obligations, and the owner of the single family residence parkin ehicles on his property in a location tha structs the association's use of the trail. He outlined possible option or the Council to consider. Gary Fuchs, represen ' g the Greyhawk Homeowners Association discussed the situa ' nand stated that the homeowners sim wanted use of the trail as was intended when the property was deve ed. Mark Gerge ,developer of the Greyhawk Addition stated that he took responsibility for not sec g the trail easement rior to the sale of the single family property to a third party. He stated he would continue work with the prope owners to get the problems resolved. 3~ Metropolitan Council Building communities that work ~~ ,-. c, ~. June 21, 2006 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, Comprehensive Plan Amendment Nature's Point; Administrative Review Metropolitan Council Review No. 18274-18 Metropolitan Council District 15 Dear Ms. Dudziak: The Metropolitan Council received the City's comprehensive plan amendment (CPA) on May 31, 2006. The amendment proposes to reguide 4.34 acres from Quasi-Public/Institutional (QP), to Low Density Residential (LDR). The amendment site is located west of I-35E and south of Deerwood Drive. The site's two existing homes will be replaced with the proposed 28 twin homes. The Metropolitan Council has identified certain types of local comprehensive plan amendments that may be reviewed by Council staff without further formal review by the governing body of the Council. These criteria include conformance with regional systems, consistency with Council policies, and a commitment by the community to address previous comprehensive plan review issues raised by the Metropolitan Council. Council staff finds that the amendment meets the Council's plan review waiver criteria and is in conformance with metropolitan system plans, consistent with the 2030 Regional Development Framework, and has no impact on the plans of other units of local government. Therefore, the City may place this amendment into effect immediately. The amendment, explanatory materials and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review, contact Tori Dupre, Principal Reviewer, at 651 602-1621. cc: Daniel Wolter, Metropolitan Council District 15 Jack Jackson, MultiFamily Market Analyst, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Patrick Boylan, Sector Representative Tori Dupre, Principal Reviewer Cheryl Olsen, Reviews Coordinator V:\REVIEWS\Communities\Eagan\Letters\Eagan 2006 CPA Natures 18274-18.doc www.metrocouncil.org ~~ Metro Info Line 602-1888 230 East Fifth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TTY 291-0904 An Equal Opportunity Employer ~.1~ ~ ~ ~#• ~ T ~_ ~W ~~ ~ \ ~ ~ = ~ _ $ qq ^~+ _ Cy ~yi \\` ~ ~ ~ ~~ x `~ ,~ r\~,r ~ 31 b1S~~ NNE l ~ ~ ~ ~ _ _ _ - _ -~. ~' y __ '~~__; '- ;~_ _~/~~I '--" ~~_.a _ _~__ _ gp.yOZ ~Ot.rL9zN h o Y ~ 11 ll~.. ,` `~~\ -___ I'~ t3 r~q i •a\ R e ~ 11 S ~'~l I ~;~ _ ii `~~gr~f. ?~' ~ ~_ ~ I l i^ ~ ~ i >„ ~ ^o,\ ~ 11 T! ir° i i ~\`^ ~ ° ^- C~ T P ~/ I ~ ~ ~ ~. \C '' ``'>~ ~ ~ I 11 \ ` ~(~ ~ „~~ ° O \\ V< e n \ 2 \ ~ ~v 125E \ 3 Y~ 'y~, yr: Y 8\ r-,; --' ~ \ (' _ ~`\\ \ / ~, ~`. ` i i^ we i \~(\_ \ N I '~ ~ e O `v VI ~~ \ Q / ~ :.~.' fi~4^!I . ~f~' _ Jd' Qom`} J~ / M1, ~' ~ Q %.. :, ~. \ ~ / ~ no Pms ~ `` \ \ ~ ~~°~ ~ ~ \~ \ \ ~ \ \ ~ ~ / / ~ \\ .~'~ry ~ \ ~ / \ \ ~ ~p \ / ~~ ~ ~~ Z ~ ~ \ ~ ~ ~ Q o s ~ / ~N U Bq a ~ o ~ ~/ SNP j/ > c~ Agenda Information Memo July 6, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. OUTLOT A, EAGAN WOODS OFFICE ADDITION RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public right-of- way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 22, 2006, City staff received a petition from James F. Morrison, Attorney representing Eagan Woods I, LLC, requesting the vacation of a portion of existing right-of--way (Eagan Woods Drive) within Eagan Woods Office Park Addition, northwest of the intersection of Pilot Knob Road and Buffet Way. • On June 6, the City Council scheduled a public hearing to be held on July 6 to consider the petition to vacate a portion of said right-of--way. • The public right-of--way was dedicated as part of the Eagan Woods Office Park Addition plat for the future construction of public street to serve the area, now largely developed as office uses. The public streets serving the area have been constructed in areas outside this public right-of--way. • On December 15, 1998, a similar right-of--way vacation was approved by the City Council on the property to the south, Lot 1, Block 1, Corporate Woods, in anticipation of development. • The purpose of the request is to allow the property owner to incorporate the excess right-of--way, if approved by the Council, into future development of the property. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date of this report. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page ~ O . • Right-of--Way Vacation Exhibit, page 39 Clty of Ea~~Il Engineering Department Outlot A -Eagan Woods Office Park Proposed Easement Vacation Location Map L,~j 5-22-06 1 i q G NORfH Mny 22, 2DD6 i 0~~~+N i,,,_ ~i~ o ~ o p q . ,~' r-----J I I S I Parcel A I That part of Eagan Woods Drive, as dedicated in the plat of Eagan ds I , / j Office Park, according to the recorded plat thereof, Dakota County, I I i5 /~ Minnesota, lying easterly of a line SD.DO feet easterly of an parallel west line of said Eagan Woods Drive the I ~~ I ; . \``'~~ ; ''~_ I ~~J "Parcel A" o~~`o~ P a~ .~ 0 0 0 C W Eagan ,/ ~ /'/ ooo' ~ s Blvd. %i/ ~i~ , "Parcel B" Parcel B That part of Eagan Woods Boulevard, as dedicated in the plat of Eagan Woods Office Park, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of a line SD.DD feet eastery of and parallel with the west line of Eagan Woods Drive. 0 0 Y 0 u~ Agenda Information Memo July 6, 2006, Eagan City Council Meeting B. VARIANCE TO EXCEED LOT COVERAGE AT 1746 GALAXIE COURT -ART AND CHAR LUNOW ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to exceed 20 percent lot coverage by 2.7 percent for an addition to the principal structure at 1746 Galaxie Court; subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: - The subject lot has been developed with a 2,073 square foot single family house with an 800 square foot attached garage. The lot is 13,359 square feet; the existing building coverage is 21.5 percent (no variance on file). - The property is zoned R-1 Single Family Residential; R-1 standards limit lot coverage to 20 percent. - The applicant designed the house with a doorway out to a future 3-4 season porch in the future and understood this was possible on this lot. - The porch addition is on the back of the house, which would not be visible from the front and mature trees screen the addition from adjacent properties. 60 DAY AGENCY ACTION DEADLINE - Deadline is August 16, 2006 ATTACHMENTS (2): Planning Staff Report pages~through~ Color photos without page number 42 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 26, 2006 APPLICANT: Arthur and Charlotte Lunow PROPERTY OWNER: Same REQUEST: Variance LOCATION: 1746 Galaxie Ct CASE: 32-VA-12-06-06 HEARING DATE: July 6, 2006 APPLICATION DATE: June 14, 2006 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to exceed the 20 percent building coverage for a porch addition by 2.7 percent, for property located at 1746 Galaxie Court in the NE '/4 of Section 32. 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. y-3 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 Section 11.60 subdivision SE bulk standards in the R-1 district, limits building coverage to 20 percent maximum. BACKGROUND/HISTORY The subject property was platted in 1994 as Lot 3, Block 1, Galaxie Hill Oaks. EXISTING CONDITIONS The lot has been developed with a 2,073 square foot single family house with an 800 square foot attached garage. The lot is 13,359 square feet; the existing building coverage is 21.5 percent. APPLICANT'S ESTIMATE OF HARDSHIP The applicant designed their house in 1998 to include a space for a future 3-4 season porch. According to the narrative, the applicant was led to believe the future 3-4 season porch would work in the proposed location with no issues, had they known at the time they would have reduced the garage size in preparation of the porch addition. The applicant indicates the back of the house looks unfinished and the proposed addition would complete the house. The addition will not impede on anyone as there are mature trees surrounding the backyard. EVALUATION OF REQUEST The subject lot is 13,359 square feet the existing house and garage are 2,873 square feet in area, resulting in a 21.5 percent coverage area. The proposed addition is 163 square feet resulting in a 22.7 percent coverage area. The existing house and garage exceed building coverage limitations by 1.5 percent and the proposed porch would increase the coverage to 22.7 percent. It is unclear why building coverage limitations were not discussed with the applicant in the past, but the house and proposed addition exceed limitations. The rear of the house is screened by mature trees; the proposed addition most likely would not be visible from off the property. The area the applicant describes as "unfinished" is the logical location for an addition. In that a doorway to the outside exists. The proposed addition will match the existing home design and finish. 4u The zoning code defines hardship as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. SUMMARY/CONCLUSION The subject site is the retirement home for the applicant and was designed to allow a future 3-4 season porch at the rear of the house. The applicant planned to finish the house in phases with the porch being the last phase. The applicant has been unaware of the building coverage limitations until the most recent inquiry. The applicant's house and garage already exceed building coverage by 1.5 percent (without any variances). The addition is not visible from the street and will have limited visibility from adjacent properties. City Policy Makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. ACTION TO BE CONSIDERED To approve a 2.7 percent Variance to the 20 percent building coverage requirement fora 163 square foot porch addition for property located at 1746 Galaxie Court in the NE '/4 of Section 32. If approved the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. Total building coverage shall not exceed 22.7 percent. y5 TO: Mayor Geagan, Peggy Carlson, Cyndee Fields, Mike McGuire, Meg Tilley FROM: Art and Char Lunow, 1746 Galaxie Court, Eagan, Minnesota 55122, 651-994-8940 REGARDING: Our request for a hard surface variance to build a screen porch on our home in the empty space where it was planned and designed to be built seven years ago. We hope to begin construction in July 2006, simultaneously with completing our lower level, finishing in October 2006. We request your approval of this variance based upon the following facts, needs, reasons, hardships, and considerations: --When we planned our retirement home 10 years ago, it included what we had long wanted but never had: a seasonal porch (and deck). --When we built our home from 10-98 to 3-99, financially unable to complete everything, we left the lower level unfinished, along with the clearly defined empty space between the kitchen and dinette (at the back corner of the house) where the porch and deck were carefully planned and designed to be built. Our builder assured us that this could be done at any time in the future. --On 6/3/06 our builder, John Symington, told us: "The city of Eagan was very careful and thorough to be sure everything was done right before your home was approved. All the surveys were done, and approval was obtained from the Park Board, Building and Forestry departments, and the Planning Checker Worker. We had plenty of space on the lot, and `hard surface' was never an issue on your house or any of the other houses I built in Eagan." --In the summer of 2004, as we began interviewing contractors to finish our lower level, porch, and deck, several of our potential builders and I contacted Eagan's departments of Building Inspection and Engineering to find out the requirements fora 3 or 4 season or screen porch, and deck. After some initial uncertainty they told us there was a setback requirement of 15 feet for the porch and 5 feet for the deck. Several times I asked if there were any other requirements we should know about, and the answer was "No." At no time, in response to my several inquiries and those of our potential builders, were "hard surface" limitations ever mentioned. --The first time any of us heard there was a "hard surface" issue regarding our home was in the fall of 2005 when Eagan City Engineer Mike Lence, helping us with some other building related questions, totally surprised us with the news that we would need a variance to be able to build our porch because our home was slightly over the 20% allowed. Why were neither the builder nor we informed of this before the house was approved and built in 1999? Mike did not know. --After 7 years of waiting to finish our home and finally being able to do it, it has been extremely difficult because: 1) We and our builder did everything required of us, 2) Our home was approved by the city 7 years ago, 3) We had an obvious and specifically designed plan for where the porch and deck would be built later, 4) We knew nothing about a "hard surface" issue until last fall, six years late. 5) Our carefully made plans for a porch and deck are now in jeopardy and dependent on a variance, because of something we did not know, 6) Had we or the builder known, or been informed prior to the approval and building of our home in 1999, that we were slightly over the 20% allowed, we would have gladly reduced the size of the garage and storage area so we could now build our porch and deck without the extra work and variance cost of almost $1,000. Unfortunately, we were not given that opportunity. 9002 Z l N(lf 03AI3~3a RECEIVED JUN 2 7 2006 ' 1 / _ r.~.y~ 2. --It has been difficult to look at the unattractive, unfinished roof and gaping space at the back "uncorner" of our home (something all builders have said looks "unfinished", "weird", and is the one major negative and resale obstacle to our otherwise attractive home), and to realize that without a variance, it will always be an unfinished, strange-looking, architectural "eyesore". --It has been difficult looking out a permanently locked kitchen door to a 10 foot drop-off, and also seeing an expensive retaining wall built seven years ago to provide a walkway to our porch- deck which can never be built and used as designed, unless a variance is granted. --Surrounded by woods with amosquito-breeding jungle of buckthorn and standing water, it is difficult not to be allowed ascreened-in-porch to protect us and our family from disease-carrying mosquitoes, wasps, and bugs which quickly drive us indoors and away from fully enjoying our wonderful three-seasons of outdoor meals, beautiful evenings, and family time. --Another factor in support of the variance, we believe, is that our porch, if allowed, is now and will continue to be surrounded by a dense and spacious woodland to the entire southeast side of us, where the porch is planned to be. Even the nearest home, the Klein's, in the planned new development northeast of us will be a considerable distance from us and so well-screened by thick woodland that our porch will likely not even be visible to them. At present, our planned porch and deck are about 150 feet away from the home on Karis Way nearest our porch. A few homes on the east and south sides of us have limited and distant views of our porch and home. Virtually 100% of all other homes to our south, west, and north who have been sent this request for variance notice, cannot even see our porch or home from their homes. In addition, with just a few left to contact, we have found that 23 households are supportive of the variance. --We are not adding or asking that much: only to be permitted to complete a screen porch of 163 square feet (approximately 12 x 13) exactly in the unfinished space and empty corner where it was designed to be built 7 years ago. It is my understanding that this will increase our hard surface by 1.2% over what was previously approved when our home was built in 1999. --We will be in full compliance with all set-back requirements, and the space beneath the porch will remain open, with no foundation and no increase in the size of the lower level. We believe that allowing this variance will be detrimental to no one, and will be a positive improvement and benefit to us, our neighborhood, community, tax base, and property values. --If our requested variance is not approved, the only other alternative we can think of would be to seek to purchase some property from one of our neighbors so a variance would not be necessary. But that seems totally impractical, impossible, and an additional hardship we could not handle. OUR HOPE IS THAT YOU WILL UNDERSTAND THE UNIQUE DIFFICULTIES AND HARDSHIPS WE HAVE BEEN DEALING WITH, THAT YOU WII,L APPROVE OUR VARIANCE, AND WILL GIVE US THE OPPORTUNITY TO FII~IISH AND FULLY ENJOY THE SCREEN PORCH (AND DECK) WE HAVE PLANNED AND LOOKED FORWARD TO FOR MANY YEARS. THANK YO RY MUC 4~7 Location Ma Eagan Boundary ~ Right-of-way Parcel Area Park Area - Building Footprint .`' ~ a' ~^ ~ , s ' • -`/ , ~ ti~ g ~ ~ r ~P •, ~ : a ~ ~ 6 S • ' r a sly 4 ~ ~ g ~ ~ A - ~- ~ ~ ^ ^: ~ :i ®r r o ff! 7 ~ po ~s Z ~ ~ i ® t~ IrM 1M ~ s ~ dh ~ 4 ~ t t • se ~, wn ~ y~"Wu ~ ~ ^ 4 C~ ~~.J~ ~ ~4 '~- ~ ® b~ . MOB" ^ ' ~~ ~ ®~ ®® ®' ® ? 3 LGE$. ' ® ® ^ ~ ® p3 ~ iii ® ® ® ~ ® • ® bP P ~ f' V w~uiY~J~ ~ r fib` ~~ d W * ~ i WMM1v! ~ ~ ~ S 0 O ® q 7 I o.r. ®® ~® 0 N 4 o... o.. ... L +ry x ~ ~. e b6' r ® ~ ® ` ~ •, ~ j' , „ ~ ~ o ~ ® :~ ~ Subject Site ' ~ ~+O+ru _ ~ w. ^ s ~ ~ ~ . ~ ~ ~' ^ ®n s ^ • ~y~ J. ® 0 w ' - ® ® ®P ® ' O ~ ®® ® • J. • ~ 3 ~®Ie ~' j~ b® ~~ ~ Z~ A® ~~ ~ ~~` ~~ ® 9 ® ®® ~ d ® ~ ~ ®® 4 M°µ ~ ~ ~ Q®~ ® ~ ®® 4P i b ® ^ ' ~ xa ~.• se a ® ® P ®® ~®® , ^ , y S ? ~v ® ® ® ~~ ~~ ~ ~ ` ~ ~~ `J® ~ ~ •9 1~ s 0 a ~ •ti~e 'o t`V~~ ® ® ® ® y ~ ~ '~ w • 4 P s ~,,,, + ~ p a s ~,~, d e s ` =' aa. u~ ~. y(P ~ ~ f A ® ® ~ ~ ~ + 4 ~ ® ~ aox t~ covM° ~ J Wv~xomxix. ~ ®~ A +' 8 ~ ~ f µY ~ 4 ~ '~ ~ F ~ 1 N ~ ' ~® o ,w _ ~Q ~ ~ O o 7`JP d gerq eti * s 4 ~ 8r~ • ' Y a,,, ,~.,~ o a 6 1000 0 1000 2000 Feet Development/Developer: 1746 Galaxie Court Application: Variance Case No.: 32-VA-12-06-06 C f E Map Prepared using ERSI ArcView 3.1. Parcel base map data provided ~ by Dakota County Office of GIS and is current as of April 2005. ~' ity O ~Q~Il THIS MAP IS INTENDED FOR REFERENCE USE ONLY W >; The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Davalopment DopaRm~nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan 7746 Galaxie Court Land Use Map Variance 32-VA-7 2-06-06 Zoning Map ~ j R7 ~~~ PD COUNTY STATE AID N Location ( CLIF F ROAD ) Current Zoning: R-1 Single Family Residential ~'~ PD P PD R-1 -1 00 0 600 7200 Nat LB PF P /~ X3-5 2 R 1 Comprehensive Guide Plan Land Use Map ~ L D i `/ COUNTY STATE AID NI L ocation (C LIF F ROAD ) Current Land Use Designation: LD Low Density Residential ois ~~ °' ois LD ois L LD f00 0 600 7200 hN QP ~ LD ` ~ III!! t Prcal baae map InTOrma[lon providadby Dakota County Land Surwy Dapartmstt Decmbar 2005. N Zoning Information maintained b~lty ~tatf. City Of Efl~~Il ~ W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. s xtificate of Description For: y4 (,P Unibilt, Inc. H98]92 L-=~ ] 89/56 ~' ~_ DELMAR H. SCHWANZ ,, ~~ '~ ~~`~~~ , LANO eUPVEYOPl. INC. ~~0 R~y1N~rW UnMr L~w~ el Tne Sl~u sl Mlnn~~e1~ ~ rt. 11750 SOUTH ROBERT TRAIL ROSEMOUNT, MINNESOTA 55068 612/127-1 769 SURVEYOR'S CERTIFICATE Property Address: 1746 Galaxie C.o]Itt Proposed garage floor elevation - 6 Scale: 1 inch • =Iron pipe rm ^ =Set r"tood htsb ~3 = EScistinq spo =Proposed ale =Proposed dire GALS Ci ERISTING HCC Property Description: IAt 3, Block 1, GALAXIE 33ILL QAKS, according to the record plat thereof (xikclta County, Minnesota. Also showing the location pf a proposed house staked thereon. I~~~uunmi°lrrrh•/,y, I hereby certlly that thla aunrey, plan, or report waa ~~`'~ila~E ~ S !~ )~~`'% /"" o• .: • `~ prepared 6y ma or under my dlra;ct aupervblon and ~ * '' ~'~ •- ! that I am adult' Reglaterod Und Surveyor under ,' ~:` `c~'-- 7 the tswa of the Sut. of Mlnneaota. _ ~ C?FLh1/\i~ H. ~ / f ~~ ~~ __ SCHWAPJZ ~ G/' I -G /~f 10-09-98 ~ . p~yg _ i =0elmar H. Schwanz r Dsted _,._ 3~('t ;~ `~Mlnne~ota Reglatrallon No. 6625 %~ ~~ . iii' 'llll:l(1~1f:1Y111~~4\\\\\ RECEIVED JUN 1 4 2006 -- ~~"~.~ ~1. St~c~~ w~ ~~" 5 t' c~ ~. o -~ ~ a u ~ e ~~~ ! ~' -~ ,, .E ~'' _ a~ . ~. ~~ - ...++ ~'t . •' :..~ Q :ti - ti: s .... ~, ,0. ~~ .:,~ ... ,ar ~ ~ ° ; t ~i '; ,~ ~~r , t ~! wy ~(~y ~ r~ '~' r .:r.. ,- .~ _~ K :; M-M.w--- _.._ - ~. -------~ .; _~__ ~~ - ,..- y„ww.w.. «~.w ~ ~: ~ ~ -~ ~: ~ ~ ~~ : ~ ~CJ tl ~ C.~Gi, i ~'"t t Yt ~,ICL~. ~ trc.d Cl ~ u~ra ~ K x ~-~ ~ a~ ~, a~c~ u ~ d ~ ~ cue. A n d ~ ~ t1 Q v J LL {~ ~ ~ 4+Y ~~Q W+ +~! ./ RV~ p~~}y U r ...+ +f~ h+ jh~YJ `~~...j.}.+. i~..~ t~ y` t ~ 't zs lrt -~- ~ ~ ~ ~ Q~ d ~ ~ ~ C?~ a+r ~ q# ~~ C3 ~t ~.~ Q~ (1~ I~ °'~'° i w 4 E!'t Lts tt? ~" U i3 Q ~? ~' '..IJ {.w~YJ i.+...~ `~ ~ ~ ~_ v ~ fir} F J ~.a1 ~ ..J tll ~ ~' ~" -~ ~~ /1.t3 V~ )+ '(~~ "( ~~wii1 +~.. ~\\ ~ ~ \ ~VdT"yrr \\ ti ~{+ / d 9- ~ ~ ..Q \. ~, ~- ~~. I ,\ ~ ~ _y tr i/ ~ ~f'\. \\ ~,~' ~ A ~ ~p F 5 6 ~~~s3 ~~ ~~ ~ ~ ~s - - - ,~ j 7 ahL ti~ ~ p ~~ ~ ~ ~ ~~- _ l "?~5, ~ ~ ~ 9 • iti i~ _ ~ /~-~ j ~ ~ 1 0 0 N z 0 w w U W -'-~~ 'J~~?66o .~s„I '~~~~~ . s _ d-~r ~~ ~ z~l ,~ ~~~ ,, o 7~~ 9 ~~Oo ~ r ~rv ,eras 'o 7~ ~~ m ~~ ,v 53 Agenda Information Memo July 6, 2006, Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT - AN ORDINANCE OF THE CITY OF EAGAN. MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12, SUBD. 7(D). REGARDING REGULATION OF HARBORING CARRIER PIGEONS: AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 ACTION TO BE CONSIDERED: To approve an ordinance amendment amending Eagan City Code Chapter 10 entitled "Public Protection, Crimes and Offenses" by amending Section 10.12, Subd. 7(d), regarding regulation of harboring carrier pigeons; and by adopting by reference Eagan City Code Chapter 1 and Section 10.99. FACTS: - On February 21, 2006 the City Council denied a license for the harboring of pigeons at 3880 Princeton Trail and directed the removal of the pigeons within 60 days. The Council further directed the preparation of an ordinance amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. - The proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. - Based on the advice of the City Attorney's Office, staff recommended and the City Council approved a moratorium ordinance on May 26, 2006 prohibiting consideration of the issuance of pigeon harboring licenses until September 30, 2006 or such sooner time as the City Council may determine. - At the Special City Council meeting held on June 13, 2006 staff and the City Attorney's Office were directed to prepare an ordinance amendment that would require the following additional items before a pigeon harboring license would be issued: 1. The owner of the pigeons must be a member in good standing of an organized pigeon club. By inference this suggests that the applicant must be the owner of the pigeons. The proposed ordinance also requires the applicant to be the property owner. 2. A minimum lot size would be added to the ordinance. Staff is suggesting a minimum lot size of/2 acre and that is written in the proposed ordinance. That minimum lot size will have the effect of prohibiting pigeon licenses in residential neighborhoods with densities greater than two units per acre. This would exclude the use from most properties in the more urbanized areas of the City, while licenses may continue to be considered on larger lots and in less urbanized areas. 3. A one year licensing period which is already proved for in the Code and therefore requires no change. - Consideration of the proposed ordinance amendment was specifically directed by the City Council to the July 6, 2006 regular meeting, therefore no additional notice has been provided to potential applicants or to representatives of the pigeon clubs. - Assuming approval of the proposed amendment, action to lift the moratorium on prohibiting consideration of the issuance of pigeon harboring licenses will be scheduled for the July 18 meeting. - Also upon approval of the ordinance amendment, all necessary steps to enforce the City Council's directive to have the pigeons removed from 3880 Princeton Trail will be undertaken. ATTACHMENTS: • Enclosed on pages C~ and ~~ is a copy of the proposed ordinance amendment. 55 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12, SUBD. 7(D), REGARDING REGULATION OF HARBORING CARRIER PIGEONS; 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 10 is hereby amended by changing 10.12, Subd. 7(D) to read as follows: D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is incomplete and contains false, fraudulent or deceptive statements. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire,. building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. 5. The applicant is not the owner of the piPgeon(s) and is not the occupant of the pro erty for which the permit is issued. 6. The applicant is not a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club that has rules that will hel~Qreserve the peace and tranquility of the neighborhood. No permit shall be issued for any property less than one-half (1/2Lacre in size. 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. 5~0 ATTEST: By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Pat Geagan Its: Mayor 5~ Agenda Information Memo July 6, 2006 Eagan City Council B PLANNED DEVELOPMENT AMENDMENT -JOE KOHAUT (VIVA ITALIA) ACTION TO BE CONSIDERED: To approve (or reject) the request for a modification to the conditions regarding reserved parking signs in conjunction with PD Amendment to add patio dining to the Viva Italia restaurant at the Centennial Ridge retail building at 1629 Lena Court in the NW '/4 of Section 28. FACTS: - On June 6, 2006, the City approved a Planned Development Amendment to allow outside dining on the west side of the building in conjunction with the Viva Italia restaurant. - One of the conditions of approval was that signs reserving parking for specific businesses in the Centennial Ridge shopping center be removed. The applicant is requesting that this condition be removed from the patio dining approval. - The applicant indicates that the reserved parking signs were installed as a condition of the leases with certain of the tenants to insure the availability of spaces for customers close to their businesses, in light of the popularity of the restaurant use. The applicant has stated that they have approached the tenants about removing the reserved parking signs, and they have been unwilling to amend their leases. - When the Centennial Ridge development was initially approved, the City required a cross -easement for ingress/egress over this lot, and the adjacent lot to the east, since access to both lots was provided from Johnny Cake Ridge Road. - In 2004, a PD Amendment was approved for this site allowing on-sale liquor and joint parking associated with a Class I restaurant, Viva Italia. - The joint parking was necessary because with the restaurant, the required parking for the retail building exceeded the number of parking stalls on the lot. At the time, Viva proposed the joint parking since the cross-easement was in place and their peak hours of business were at different times of the day. The City approved the use of joint parking. - In addition, proof of parking for up to 11 parking stalls was identified on the plans. These stalls were to be constructed at the Owner's expense in the event the City determines that additional parking is needed. - The City attorney has opined that the reserved parking violates the cross parking agreement and without the removal of the reserved parking signs, each lot in Centennial Ridge 2nd Addition is required under the City Code to provide the necessary parking for the tenants located on the lot. ATTACHMENTS (3): Letter from applicant, page Site Plan showing reserved parking signs, page ~D CC Agenda Memo, June 6, 2006, page ~--(p Staff report May 23, 2006, pages ~ through :XJ gun ca un u~:~lrip Nlondo IVlanagement June 29, 2U66 Pamela Dudziak Planner City of Eagan 3836 Pilot Knob Road Eagan, Minnesota 55122-1847 IZE: Planned Development Amendment for Viva Italia Outdoor .Patio Dear Perri,, 651-767-8689 p.2 On June 5, 200b the Eagan City Council granted approval for a Planned Development Amendment that allows an outdoor patio to be constnrcted on the west side of the diva Italia restaurant i`n Centennial Ridge 2n° Addition. i One condition of the approval requires that the eight parking stall„ signs, in favor of Fantastic. Sams-be. removed. TISe eight parking stalls were granted to the tenant, Good Hair bay, dlbla Fantastic Sams, as an amendment to the lease between the tenant and previous landlord, Commercial Property Development Company LLC, on June 23, 2004. As an aside, Centennial Ridge 2°d Addition was sold to Centennial Ridge, LLC in June 2006, who bas assumed the current leases. t have spoken to the owner of Fantastic Sams roquesling cooperation on this matter, but unfortunately ' the owner is not willing to remove the signage. Viva Italia is eager to start the installation of the patio, but construction can not commence until the condition of approval is met, Therefore, Viva ltalia would like to request that the condition be reconsidered for removal from our approval to construct the outdoor patio. As stated at the previous Council meeting, lack of parking has ' not been an issue at Centennial Ridge 2~ Addition, and therefore we hope the City Council will work with us in our efforts to add this new amenity to the restaurant for Eagan residents and guests-to enjoy. Thank you far this consideration. Sin rely, Joseph Kohaut Viva Italia YJ,~r~ J Wallis Mondo Management Centennial Ridge, LLC ._ ___ _5°t __ _ _ ___ 0 - 8 =aeg ~R9 ~C9 8g 8 ~ -ae a3°s ~ 33 s ss ~! - s '~ ! e e ~ m A_R ~ s -G~ t o I• I I r Ib I i O i Q ` O I ~ ~ I I ~1.~ J ( ~ I (~ I I I I I I ~~ I ,• \ ~ ~~ ~3~e~ ~ ~ zE~ S L~ 1 y i g~ 4 c. s :~g ~ ~y ~~ :e~e2= ~ : Eq~ e da ~x$zpg' E9: ~ p3$ ~ sa3 ;ySsE~ g_r Z ~ Z ,. ~ ~ 0. `~ W ~ N II I \i ` ` t W . ~~ - - ~ I ~ ~ ~ I 3 I , \~ 1 \ ~~ Z ~ 8 4 a~ $Yr ~~ _ ~• 0 - - - - - - - Via- . ~ O _ ~ .r .a~ O r o r2~tir O O ~. O ~ +~ ads ~~• 10'.e•I ~. .M..~ r T~ f :, _~..~. ~~C-` f- ~`C1 fi t-` _ O a . J ~ - ° ~~.r-c~ie'•~(ri'r 3 I m rm • ~ -^ a 1 . JA_y Snr s r r-r . .~ ` a 1 s > ~ I ~ I 3 m •o C I I - ~. `'~ ~ .` 6 ~'/ f f•~~ , r0 W ' 1~ izx '0.J: ~' ad0~ 3~Q1~ 3}id~ .INNHOf ~~ =- ~ E~~ g~ ~g qg~~ ~ gs Y g- ~e ~ ~ a y t- a Es $= ~ ~ ~` g9$ ~~t ~g ~Y ~e t 5~ ~~ ~~ ~~~r ~ , a~ ~ Z O Y_ c 3 ~, ~ c9 , e~ =~ 9 G .\ ~ Z ~~ O ` ,~ XnA __.M uyi ~ W ~- ~. ri ~ ~ ~~ ~ 1 l 1 o ~ i a r Ydi ~~ - ~ e ~ yes 'e~ ? ~= ~ ~ ~ ~ ~ - ~` i t:. c 'S d .~_. k ( -~ ~ ~~ Agenda Information Memo June 6, 2006 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT -JOE KOHAUT (VIVA ITALIA ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally described as Lot 1, Block 1, Centennial Ridge 2°d Addition, in NW '/4 of Section 28, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: - The site is located on the southeast corner of Diffley Road and Johnny Cake Ridge Road. - An existing multi-tenant retail building which was built in 2004 is present on the site. - Viva Italia, a Class I restaurant, occupies the west end of the building, approximately 4,700 sq. ft. - The applicant proposes to create a patio on the west side of the building, removing existing landscaping in the 6-foot space between the sidewalk and building, and placing tables along the building. Each table would seat two people. - The patio is proposed to be enclosed by a fence, with access provided from inside the building. - A retractable awning in a color to blend with the brick on the building is also proposed to be installed on the west side of the building over the existing window. - The City typically has not considered outside seating in parking calculations. However, the additional seats do have the potential to increase parking demand, at least seasonally. - The restaurant was originally approved with joint use parking for 7 stalls. The City is not currently experiencing any parking problems at the site, however, it maybe appropriate for the Council to consider whether to require installation of some or all of the proof of parking areas identified in 2004. - The Advisory Planning Commission held a public hearing on May 23, 2006, and did recommend approval of the Planned Development Amendment. ISSUES: - Since the APC meeting, the applicant has provided additional information on the fence- post lighting and battery powered table lights. - A resident from the neighborhood to the south was present at the APC meeting and spoke against the proposal, stating his concerns about noise, among other things. (~~ ~"u~U~ ~, a~ ~crr~ ~ - The APC's recommendation was for 7 tables, not 10 as proposed, and called for the installation of 7proof-of-parking stalls. The proof of parking plan from 2004 showed two areas for added parking, one with 6 stalls and one with 5 stalls. With the reduced number of tables and fewer outdoor seats, if additional parking is required, the Council may consider having only one of the two proof of parking areas installed. AGENCY ACTION DEADLINE: August 17, 2006 (120 days) ATTACHMENTS (2): May 23, 2006 APC Minutes, pages through Staff Report, pages through Additional lighting information, pages through ez PLANNING REPORT CITY OF EAGAN REPORT DATE: May 15, 2006 CASE: 28-PA-06-04-06 APPLICANT: Joe Kohaut, Viva Italia, LLC PROPERTY OWNER: Commercial Property HEARING DATE: May 25, 2006 APPLICATION DATE: April 19, 2006 Development Corp. REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1629 Lena Court COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST • Joe Kohaut of Viva Italia, LLC, is requesting approval of a Planned Development Amendment to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court (southeast corner of Diffley Road and Johnny Cake Ridge Road), legally described as Lot 1, Block 1, Centennial Ridge 2"d Addition, in NW `/4 of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 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 oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Planned Development and platting was approved in 2003 and the building was constructed in 2004. In 2004, a PD Amendment was approved allowing on-sale liquor and joint parking associated with a Class I restaurant, Viva Italia. (~3 Planning Report -Viva Italia May 23, 2006 Page 2 EXISTING CONDITIONS The property contains a multiple tenant retail building. The restaurant is located on the west end of the building and occupies approximately 4,700 square feet. Seating capacity is 106. The restaurant hours are 4:00 p.m. to 10:00 p.m. during the week and 4:00 p.m. to 11:00 p.m. on Friday and Saturday. The original restaurant proposal included outdoor seating, but that was removed from the final plan that the City approved in 2004. While joint use parking for 7 stalls was approved, the City also required proof of parking for additional stalls to be constructed at the Owner's expense in the event the City determines that additional parking is needed. To date, this proof of parking has not been constructed. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Residential (Oakbrooke) PD, Planned Develo ment LD, Low Density West CVS Pharmacy NB, Neighborhood Business RC, Retail Commercial South Residential (Centennial Rid e) PD, Planned Development MD, Medium Density East Office; Single-Family Residential PD, Planned Development; R-1, Single-Family Residential RC, Retail Commercial, LD, Low Density EVALUATION OF REQUEST Proposal -The applicant proposes to install an outside dining patio on the west side of the building for the Viva Italia restaurant. The property is currently zoned PD, Planned Development, and is guided RC, Retail Commercial. Site Plan -The applicant is proposing ten outdoor tables, each seating two people. Existing landscaping and rock mulch between the sidewalk and the building on the west side will be removed and the area paved. The applicant's narrative states "Portable pole-mounted lighting will be used to illuminate the patio after dusk for safety purposes." The patio area will be fenced, and a gate installed at the entrance. The "plan provides fora 36-inch passage area between the fence and the tables, as well as a clear space of 60 inches to meet ADA passage and wheelchair turning space requirements." The submitted site plan shows a 6-foot width for the patio area, with afour-foot sidewalk outside the fence along the parking lot. Compatibility -The acceptability of the outdoor dining in this location is a policy matter to be determined by City officials. The site is located at the intersection of a Diffley Road and Johnny Cake Ridge Road. The building and patio are separated from Johnny Cake Ridge Road by the Planning Report -Viva Italia May 23, 2006 Page 3 setback and topography, and is screened with landscaping. A residential neighborhood is situated just to the south of this development. A decorative fence delineates the boundary and a buffer of evergreen trees lines the area between the residential and commercial properties. Building Modifications - A retractable awning in a color to blend in with the brick veneer on the building is proposed over the existing restaurant window, and includes a drop valance for protection from the afternoon sun. Staff is concerned that portable pole-mounted lights will be cumbersome in the narrow space available. Staff suggested sconce wall-mounted lights be installed instead. The applicant has looked into that and indicated sconce lighting is not feasible. The applicant is now proposing light caps on the fencing, and table-top lights. Details about the light caps and table-top lights should be provided for incorporation into the PD Amendment Agreement. Parkin -While the City has not typically figured outdoor seating into parking calculations, the addition of 20 outdoor seats to this restaurant potentially creates a higher parking demand, at least seasonally. 20 seats would require an additional 7 parking stalls. While the City has not recently experienced parking problems at this site, the APC and Council should consider whether the proof of parking should be installed at this time. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to allow outdoor dining in conjunction with a Class I restaurant on property located at 1629 Lena Court. The proposed outdoor dining patio would be located on the west end of the building, enclosed with a decorative wrought iron fence, and be open during suitable weather for restaurant patrons. Staff suggests uses of wall sconce lighting rather than the proposed portable pole-mounted lights. Clear access to the emergency access panel and for the side door must be maintained in accordance with fire safety and other applicable codes and ordinances. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow an outdoor dining patio on the west end of the building at 1629 Lena Court, in conjunction with a Class I restaurant, on property legally described as Lot 1, Block 1, Centennial Ridge 2°d Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. Proof of parking areas as identified on the 9/28/04 site plan shall be installed with construction of the patio. 3. The operation of the restaurant and outside dining shall comply and be operated in accordance with all relevant state laws and regulations regarding on-sale liquor. ~5 Planning Report -Viva Italia May 23, 2006 Page 4 4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside the building. The fence and gate shall be similar to the existing fence on the south side of the building. 5. Patio lighting shall be provided by light caps on the fencing and table-top lights. Details about the light caps and table-top lights shall be provided for incorporation into the PD Amendment Agreement 6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be allowed on the awning. ~~ Eagan Boundary a L®cat s ®n NI a p N O Right-of-way Parcel Area Park Area Building F otprint o / rr o ~ Rya ^~ 8i ~ co ~ ~ C 9 p [~ B ~.f d ~8, d f3 8.•.r~ •Q.Q O q ~ ~ G oPU '® y [ ~ \I ~ O f7 dZTF • i O © 4 q Q., ® p~ b q - =c ® ® 8 a ~d ~a 6 "~ ++„< g E ~ v r ~3. -,. [ c q oo P D o : 9. • 9 v ~ rte: ~ o . 8 a 6 m are Q "°„ 0 ~ - ~ ~ - - ~1 a p 0 6 A Poo o O D o O m ®®®® ~ '+ - ~ ~ -3' - Sub ect Site ~ q~ ~ ' s' z - '~ .: ~ O 9 ~€~ 4 ~ ~, d o ~a ~ ~ ~ ~ a°cfl a~ r p a o= oQ ~ B© ®. - ~ ~iD 0 d p ~ ~ a s 0~© •44~ pd ~ fl a .~o~ O ~' _ ~ ca ~ . B ap O ~ ~ mm B - _ ~ , o dda po 0 O~ o a r a _ - a mmB ,•~oo omm ~ o o b w _ ~ eye ~ ~ ''~,' ~ _~ o. c.:'7cO -_ 0 ~ 9 0 O~QOCa~ QQQ°"R aoa 9 P e F© @ q ~ ~pO~O© a®Q ~ ~ a p•. OD O ®® 6.•O > fl 0 a 6Q a ~ p 6 e q ® p a p° ~W. ..... 4 p p O Q Q Q ©Q O ®©~ O po ..^ 0 ~p0~ o ~ a ° d 6 ~ ~ b D ~ .00•....v"6 C' _..:. . 8t Q Q~• C1 p 1 ~~ a~ e _ _ ~ ry s ~7 Q ,R " ~ _ _~ ~ o 0 0~ o p O m 3 D p O ~ o _ ~ a o o a :. .. e 1000 0 1000 2000 Feet Development/Developer. Viva Italia Application: Planned Development Amendment Case No.: 28-PA-06-04-06 ~~ C f ~ Map Prepared using ERSI ArcVew 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of April 2005. N W E lty O O~OIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S communrcy oeveiopmen~ o.partment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Viva Italia Land Use Map PD Amendment 28-PA-06-04-06 Zoning Map °0~ v o R- ~ P PD Location Current Zoning: PD Planned Development )DIFLET ROAD) NO. x iDIFFLCY ROAD) PD a ~ •` ® ' ^ mm ~ m e ` Q ® 1 ~ 87 8 m~ mmma ®® ® ~ ® ~ PD m pp,, PD ®®m K7 ®® ® ®® ®® 600 0 600 1300 FAN - _ w -v ® Comprehensive Guide Plan MD ~ u"v _ q Land Use Map MD L LD L ti oca ® on D~ Current Land Use Designation: iDIFLLT R011D) Ca R O. ]O /01FF10Y RO/i0) RC RC ~ ''^o 4 Retail Commercial ; 'F'^ m~ o o L mmma ®® MD pp~~ MD ®tp® /~, ro ®MD 600 0 600 1200 hit ~ QP ®® ® ®® ®®~ ® ® ® / Parcel base map Information provideiy Dakota County Land Survey Dspartmel! Decmber 2005. N Zoning information mainhinsd byClty Stall '" E Cit f E y o a~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~~ n Z O ~ • B SPA ES 10' BO'- ' °O o~ SICN ` .~`', .. - - - - - `~ ~ L1GHT ~ „ o~ 0 i R3'-6" o ~ 0 ~ 0 W ~ a ~ 38' 0" 24'-0" 19'-0" N O a 5'_0" '~~___ ® ~. ~ ~ ~ R3'-6" b HC ~~'~~s I _ BUILDI G SETBACK ® ~'~ 0 ~ ~ ~P2, -~ ~ !. pPCE `s. ~ v, 20'-0" ~ 19 7 S ACE ®1 '=7U _0, 5'_0"I cp, I, PARKING ~ g ~ i .~, SETBACK ~ SPPC .Q ~_ ~ 8,0 ~~l ~ i,i o, o ... ~ ' ,I,, IJGHi RS ` I o 6 5 OES HC H I I o : V, I. ~""~` ~ o• BUD G #1 ~ -a" '~s~ ~ ~ ~- ucHr ,,:. ~6-~~~ ~6, ss'0• ~ ~ 11,690 S RETAIL ~ ~ \ s'-2~" TRASH ROOFl'OP EcH. ENCL UNIT, T1P, e'-e' x ~ '-a' ~ 9SACE ~_ ~ I o~ ~ SICJV , ~ ~ -o . II ~.~" O RS'0~' 33.6 ` ~ ''0 ~ ~- _ ~ _ ~. _.._ _ _ . \9 U 0., o. / / . LIGHT o ~, I / / ~: L..L/JC~/ 0 • SEE CIVIL DRAWINGS FOR COMPLETE BOUNDARY INFORMATION AND DEFINITIO OF NEW PROPERTY LINE THROUGH SITE "` 30 0 30 60 LAND9~ =~,PE PL~,N? OVERSTORY, ORNAMENTAL, AND EVERGREEN TREES ~ ~ ~ ` 1' GNU ni\ I ~ i i i ~l i I i , f,+~i Miusriia 1 ~1 ~ ~ I \ \ ` I 1 Illull L9q? \ ~` 1 111111f ~.; ~ `~ ~, _~~\~~ ~I ~ ~ / F t ~~~-_~ _ 1 I I ' ~\ -)HSR~~IREES I ^gig~ --- ~~ ~E _~ i /~ ~ ~ ` `9 s° . J i , i~ I I ~ - l a ~ ^ 9AO/ r_~~ ~~ \~ II ~, o xs so IDo GRAPHIC SCALE IN FEET ~ * ** * PIONEER ,~ engineering .: * * ** M........ a...~s 95E ~6- jA1/ 9t's ~ /,rte ~ / ~,~ \` \ LANDSCAPE DEFINITIONS CITY OF EAGAN SHRUB t ~ ~ t, ~r-p ~~ I ' f;~ j ~ 1 ~~ I I I I ~ ~ 11 I 111111 ~~ ~~ 1 . 9 ,11 1 1 II 1(j~~ _~___~_=< 1 ! ~ / ~. ~ 4; ~ ~~ v Il ~ i ~~~~ '\p ~ 9~ Y ~~ ' \I I I ` '~ 1 ~ \~ ~ ~ Q ~ ' ~ , 1„ ~ ~~ SHR B PLAN AR~I I (~ ^ tl 1 Q 1 1 ' O' _ ~ ._Tw I O (~ ~ ' LLJ O I t Q ~ ~-'/ I ^ - - -~ i. I \ ~ ~ ~ ~~ , v I\ i y I ~o ~T N ~ A I ~; a 1 ( 2Z I , /I ' I I O ~ _ <~~ _\ Iv ~' 1 III ~J Y ^ ,1 ~; '~ DFCIDUOUS TREES. NOT LE55 THAN a INCHES m DIAUETER CATEGORY CONIFEROUS TREES, NOT LE55 THAN t7 tEET w HEIGHT •8• DECIDUOUS 7REE5. NOT LESS THAN 7 7~2 INCHE$ IN DIAMETER CATEGORY CONIFEROUS TREES, NOT LESS THAN ~6 FEET iN HEIGHT "C DECDUOUS TREES. NOT LESS TRhN 1 t/2 INCHES IN DIAUETER CATEGORr CONIFEROUS TREES. NOT LE55 rHAN a tEET IN HEIGHT TREE PLANTED A`. ADDITIONAL LAND' `~~ 0 :~ Its 1 Xneey ce.llry teat lnls plan .os p.eParea t1Y me er uneer my aired Nam. 1-s/Ol/0]-ADD YITIDATED 1REE5 cuPerr:sion ana tool I am o aaly Carlilwa Nursery ana Lanascope 3enni er L Nallerviq 2-5/fA/03-OlY CONYEN i$ Prslezsuntl. _ Dole 7-5/71/03-FOfMDAT10N PLANS ~- t Planned Development Amendment Lot 1, Block 1, Centennial Ridge 2"d Addition Viva Italia Outdoor Seating Request Viva Italia, the traditional Italian restaurant located at 1629 Lena Court in Centennial Ridge, is proposing to add an outdoor seating patio along the west side of the existing restaurant facility. A copy of the Site Plan showing the restaurant location is attached as Exhibit A. Our intent is to complete the necessary improvements as soon as Council approval has been granted so customers will be able to enjoy this new seating option for the remainder of 2006. Our concept sketch includes seven tables, each seating two persons (total of fourteen seats) along the north side of the restaurant's service door, and three tables that will also each seat two persons (total of six seats) on the south side of the service door. We are requesting approval for a total of 20 seats, as shown in Exhibit 8. Patio hours will be concurrent with Viva's present hours of operation: 4:OOpm to 10:OOpm Sunday -Thursday, and 4:OOpm to 11:OOpm Friday - Saturday. Portable pole lighting will be used to illuminate the patio after dusk for safety purposes. These lights will be used during business hours only. The patio will be surrounded by a fence that will be secured to the concrete surface. Agate will also be installed at the entrance. Our plan provides fora 36- inch passage area between the fence and the tables, as well as a clear space of 60-inches to meet ADA passage and wheelchair turning space requirements. Viva Italia also plans to install a retractable awning over the existing restaurant window. Exhibit C shows the west elevation in diagram 2 where the awning will be installed. The awning will include a drop valance feature for additional protection from the late afternoon sun. The awning color will be chosen to blend in with the brick veneer on the building. The proposed awning is shown on Exhibit D. The surrounding land uses and zoning near Viva Italia includes R-1 Single Family Residential, Neighborhood Business, and Planned Development. Impacts to these surrounding properties and land uses will be nominal. The twenty seat addition on the patio area is a relatively low number which will keep the noise to a minimum. The additional lighting will be minor and will only be used during business hours. In the summer of 2005, Manley Land Development installed a row of Black Hills Spruce north of the wrought iron fence that runs along the property line between the residential homes and the commercial 7~ ~~~EI°~~~u ~aP~ 1 ~ 2~0~ 1 development. This creates a natural buffer to inhibit noise and generate privacy between the two land uses. Adding outdoor seating at Viva Italia will have a positive impact on the subject property, and will add an additional amenity to the Centennial Ridge commercial area for Eagan residents and visitors to enjoy. This addition to the restaurant would bring in clientele that may not otherwise dine at Viva Italia. City services such as sewer, water, storm water run-off and roads should not be adversely impacted by the addition of this outdoor seating area. This amendment would create a benefit to the public who visit Viva Italia. The current use of the space where the patio is planned to be located consists of a rock-mulched planting bed with shrubbery. The shrubs will be relocated into other planting beds on the site. The installation of a patio will provide a new use to this established restaurant, as it will promote a relaxing dining environment for those who prefer to be outdoors. Exhibit E provides a visual of the patio in it's completion. Viva Italia's intent is to implement this outdoor seating area to enhance our customers' dining experience by providing the option to dine outdoors, which tends to be a very popular choice during the summer months. 72 , `~§ . # ~~a "a ~ o ~ ~ < ~ Z ~ ~~ ~~ 1 gRg~Y~~ga La $ d Z = z a ~~ ~ 'I 5 5 ~ W p ~ o~c ~ n ° ~ i!s 6~3e H ~ bkn~C. 4 - ~ ~ P ~ M n • ! AM 3~g~~ g e$yyp~ r A s R ~: ~~~ ry~~ L9~ n nR R¢~~ zp~ •~$~ Cali ~.^ $ 6 ~ $i ~R°A ik~R it ~ ~ 9 9~ s~~ 3~ A A! tg ~ E ~ ~g~ Ep~ Y 1~ 4~ Y _aYE ~'-~~ A~ a p I - - - -.+,- - - - - I I i' I i I I I I I ~~ I I I I IA l y~ O . O I ~ ~ ~ ~ ~ I ' I H ~ I 1 I I I w I ~ I u. I ~~-. I I ~ I I I= ~ Ig I I I ~------ I I ~ ~4 o I I~ O I A,,. O I - I II .' 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PRELIMINARY SUBDIVISION (GOPHER COMMONS) GOPHER RESOURCES ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 21 acres to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13; subject to conditions in the January 24, 2006 APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: - The site consists of a single unplatted parcel. The property is vacant. For several years, a concrete recycling facility operated on this site. - The proposal consists of three office/warehouse buildings, users are not identified and should be consistent with Limited Industrial uses, Final Planned Development approval will be required for each parcel. - A private easement exists across the site to provide the property to the south (Thomson) access to Yankee Doodle Road. - As a Planned Development parking will be shared, the overall parking is exceeded by 41 parking stalls. - Outdoor storage is not proposed at this time and would require a Planned Development Amendment if future outdoor storage is needed. - A public hearing was held on January 24, 2006 at the Advisory Planning Commission, the Commission recommended approval. ISSUES: - The Dakota County Plat Commission did not approve the preliminary plat in January because the proposed full access location does not meet County spacing guidelines from Highway 149. - The city requested a Variance to the county spacing guidelines; the Plat Commission indicated approval if the Preliminary Subdivision on June 26, 2006, with a minor modification to boundaries of Outlot A. 120 DAY AGENCY ACTION DEADLINE: July 18, 2006 ATTACHMENTS: (2) January 24, 2006 APC Minutes, pa es SZ through O`1'. Staff report, pages ~ through ~~ 81 B. Gopher Commons Applicant Name: Gopher Resource Location: SW 1/4 of Yankee Doodle and State Hwy 149 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 21 acres to create 3 lots and 1 outlot. File Number: 13-PS-06-12-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 17, 2006. She noted the background and history and stated correction to the Staff Report of 41 stalls and the addition of the action requested and the conditions. David Kutoff, Gopher Resource Corporation requested the following correction to the Staff Report: Building Height - As proposed the building at its highest point is 33 feet, well under the 40' max. Chair Heyl opened the public hearing. Tom Walrath, Thomson Legal & Regulatory stated support for the proposal and that Gopher has worked with Thomson on the proposed design/layout. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder addressed issues of access and stated that the County Plat Commission did not approve the plat as submitted. He stated the spacing from Hwy 149 does not meet county requirements to maintain full access at Yankee Doodle Road. Member Dugan stated concern with limited access in relation to lease-ability and truck traffic movements without full access. Mr. Kutoff stated Gopher is in the process of reviewing the possibility and ramifications of shifting the access west to increase spacing. He stated the lack of a full access would be detrimental to the development. The Advisory Planning Commission discussed access to the site. Chair Heyl stated condition numbers seven and eight address the concerns of access. Member Bendt moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision of 21 acres (Gopher Commons) to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13 subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,2,3,4, C1,2,3, D1, and E1. 2. The property shall be platted. 8~ 3. The designer of the erosion/ sediment control plan required under the MPCA permit shall be certified through a state erosion/ sediment control design training course, such as offered by the Minnesota Department of Transportation, or aCity-approved equal erosion/ sediment control design training course. 4. The developer shall be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right-of-way prior to Final Subdivision approval. 5. The developer shall reduce the amount of discharge to one point, and provide sufficient storm flow energy dissipation so as not to erode areas within the"railroad right-of-way ditch, as approved by City staff. 6. The developer shall construct an outlet skimmer on the proposed 'storm water basin, in accordance with City standards. 7. This development shall meet all conditions of plat approval and permit approval as required by Dakota County. - 8. The developer shall provide a private ingress/ egress easement in favor of the West Publishing property providing for future use of the private. street within the development, as approved by the City Attorney. 9. The developer shall provide cross easements for parking and access in a form acceptable to the City Attorney. 10. The developer shall be responsible for acquiring permit approval from Magellan Petroleum for all development work within the pipeline easement on the property. 11. The developer shall be responsible for acquiring: permit approval from the MN Department of Transportation for- all work within Highway 149 right-of-way, prior to final subdivision approval 12. If the Outlot is not buildable it shall be combined with Lot 1 at Final Subdivision, the developer shall make this determination. 13. This development shall be responsible for a cash parks and trails dedication. 14. The applicant shall fulfill the required tree mitigation through the installation of forty-two (42) Category B trees, or an equivalent combination of Category A, B, or C trees. 15. To meet water quality requirements, one pond shall be constructed to treat stormwater from 20 acres. It shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 10 feet and a 10:1 aquatic bench from normal water level. 16. In lieu of ponding to treat stormwater runoff from 2.8 acres, a cash dedication should be required. 17. Final Planned Development review is required for development of these lots. 18. Any outdoor storage would require a Planned Development Amendment. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 17, 2006 APPLICANT: Gopher Resources PROPERTY OWNER: Same CASE: 13-PS-06-12-OS HEARING DATE: January 24, 2006 APPLICATION DATE: Dec. 30, 2005 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: SW Corner Yankee Doodle Rd and Highway 149 COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 21 acres (Gopher Commons) to create 3 Lots and one Outlot on property located in the southwest comer of Yankee Doodle Road and Highway 149 in the NW '/4 of Section l 3. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use ~s Planning Report -Gopher Commons January 24, 2006 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The site consists of a single unplatted parcel. The property is vacant. For several years, a concrete recycling facility operated on this site. The property is currently zoned Planned Development and is designated in the Comprehensive Guide Plan for Limited Industrial land uses. env Planning Report -Gopher Commons January 24, 2006 Page 3 EXISTING CONDITIONS The site is open with some wooded areas and a wetland on the east end of the property. The property contains a steep slope up to the west, with otherwise gentle topography sloping downward to the east. An area in the northern part of the site appears to have been used for battery casing disposal in the past. Canadian Pacific Railroad line abuts the east side of the property, parallel to Hwy. 149. SURROUNDING USES The subject property is surrounded by Industrial and office uses; Gopher Resources and Thomson are the users of the surrounding properties. A city water tower abuts the subject site to the west and is zoned Public Facility. EVALUATION OF REQUEST Proposal -The applicant proposes to construct three office/warehouse buildings totaling 145,000 sq. ft. on this site. Access to the site is proposed from Yankee Doodle Road. A private easement exists across the site to provide the property to the south (Thomson) access to Yankee Doodle Road. Users are not identified at this time. The uses should comply with I-1 uses. Final Planned Development review is required for development. Compatibility with Surrounding Area -The site is surrounded by industrial type uses, the office/warehouse that is proposed is consistent with the surrounding area. Lots -Three lots and one Outlot are proposed. If the Outlot is not buildable due to steep slopes and easements it should be combined with proposed Lot 1. It is up to the developer to determine if the Outlot is buildable. Lot 1 is 399,041 square feet (9.2 acres), Lot 2 is 241,410 square feet (5.5 acres) Lot 3 is 197,672 square feet (4.5 acres) and the Outlot is 82,380 square feet (1.9 acres). Proposed Lot 3 does not have public street frontage therefore requiring a Variance to Chapter 13.30 Subdivision 8(C) requiring at least 50 feet of public street frontage. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Simply for the purpose of discussion this proposal is reviewed under the I-1 district minimum and maximum standards. Setbacks -The I-1 setbacks apply, 50 feet from Yankee Doodle Road right-of--way, and 20 feet from the side and rear lot lines, all buildings as proposed meet these requirements. The proposed private street through Lot 1 has a 25 foot setback; the ghost plat for Lot 1 does not meet this requirement as proposed it shows an 18 foot setback. Building Coverage -The I-1 zoning district allows for a maximum of 35 percent building coverage. As proposed each lot meets this requirement. a-~ Planning Report -Gopher Commons January 24, 2006 Page 4 Building Height -Building height is limited to 40 feet in height in the I-1 district. As proposed the building at its highest point is 33 feet as shown on the Exterior Elevations Plan. Green Space -Green space minimum is 25% of the site in the I-1 district. The Site Plan does not break down the green space per lot but overall the green space is 31.9%. It is not clear if each lot meets this requirement, the applicant should address this issue. With the flexibility of the Planned Development an overall green space calculation could be used, but a minimum for each lot should be established as for a reference for future expansions. Parking -Overall, the site exceeds parking requirements by 41 stalls (including proof of parking). Lot 1 is shown as possible future development on the Site Plan with office and warehouse uses. Lots 2 and 3 are shown as office/warehouse uses 80% warehouse and 20% office. The parking breakdown is as follows. Lot Re uired stalls Provided stalls Proof of arkin Total stalls 1 154 105 30 135 2 107 98 43 141 3 92 84 34 118 Cross easements are proposed for access and parking could be included in that as well allowing each lot to meet the minimum requirements. Parking setbacks and stall requirements are met. Landscapes -The Landscape Plan appears adequate and meets Ordinance requirements. Trash Enclosure - A trash enclosure is not shown on the Site Plan, all trash and recycling receptacles should be placed within an enclosure either attached or detached from the principal building. The enclosure should meet principal structure setbacks, should be constructed of materials to match the exterior of the principal building, with gates or doors having at least 90% opacity. The enclosure should be no less than six feet and not more than 10 feet in height. Outdoor Storage -Outdoor storage is not proposed at this time which includes any outdoor storage of trucks, trailers, equipment etc. If outdoor storage is necessary for a future tenant a Planned Development Amendment would be required. Gradin Topography/ Erosion Control -The preliminary grading plan is acceptable. The existing site is generally open and slopes to the east, with elevations ranging from 960 along the west edge of the site to 900 to the east. Grading of the site will require a Minnesota Pollution Control Agency storm water permit for construction activity for developments of more than one acre in size. This development must meet all requirements of this permit. The designer of the erosion/ sediment control plan required under the MPCA permit should be certified through a state erosion/ sediment control design training course, such as offered by the Minnesota Department of Transportation, or aCity-approved equal. Planning Report -Gopher Commons January 24, 2006 Page 5 Storm Drainage -The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development is proposed to drain via public storm sewer to a storm water pond to be constructed in the south-central portion of the site. The pond will then flow via pipe to the Canadian Pacific Railroad along the east edge of the site, and ultimately to an existing storm sewer system within Highway 149 right-of--way. The discharge to the railroad right-of--way is proposed to be concentrated in one location at a substantial rate. The developer should reduce the amount of discharge to one point, and provide storm flow energy dissipation so to reduce potential erosion within the railroad right-of--way ditch, as approved by City staff. The developer should construct an outlet skimmer on the proposed storm water basin, in accordance with City standards. Wetlands/Water Quality -The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. The developer proposes to direct a majority (88 percent) of the runoff to an on-site treatment pond that will be constructed. Stormwater from the remaining 13 percent of the site is proposed to drain off-site. A cash dedication in lieu of ponding would be required for this untreated stormwater drainage. At its August 16, 2005 meeting, the Eagan City Council determined a depression area with wetland conditions in southeast corner of the site to be exempt from state replacement requirements Utilities -The preliminary utility plan is acceptable with modifications. Sanitary sewer of sufficient size, depth and capacity is available for connection along the east side of Highway 149. This connection will require the boring of a casing pipe under the Canadian Pacific Railroad right-of--way and Highway 149 right-of--way. Water main service of sufficient size and capacity is available from Yankee Doodle Road. Streets/ Access/ Circulation -This site is adjacent to Yankee Doodle Road (County Road 28). Access to the site is via private street proposed to intersect Yankee Doodle Road in direct alignment with the existing access to the north (Gopher Resources) approximately 800 feet west of Highway 149. The Dakota County Plat Commission did not approve the preliminary plat because the proposed full access location does not meet County spacing guidelines from Highway 149. Moving the access location west to achieve the required spacing distance from Highway 149 would call for substantial grading because of the extreme topography along the west edge of the site adjacent to the City's water reservoir property. If the developer desires the access to remain at the current proposed location, Dakota County will require developer to construct the full closure of the median on Yankee Doodle Road to restrict vehicle movements to right-in/ right-out only, or pursue a variance to the spacing guidelines with the Plat Commission. The closure of the median will also affect Gopher Resource property access to the north. This development should meet all conditions of plat approval and permit approval as required by Dakota County. Planning Report -Gopher Commons January 24, 2006 Page 6 The private street will extend through the development north-south and will provide access for future development of West Publishing property to the south. The developer should provide a private ingress/ egress easement in favor of the West Publishing property providing for future use of the private street within the development, as approved by the City Attorney. Easements/ Permits/ Right-of--Way -The developer should be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right-of--way, prior to final plat approval. The developer should be responsible for acquiring permit approval from Magellan Petroleum for all development work within the pipeline easement on the property. The developer should be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 149 right-of--way, prior to final subdivision approval. Financial Obli ation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat. Im rovement Use Rate Quantit Amount Water Lateral C/I $35.10/ F.F. 1,949 F.F $68,410 Storm Sewer Lateral C/I $41.20/ F.F, 145 F.F $5,974 Storm Sewer Trunk C/I $0.159/ S.F. 936,984 S.F. $148,980 Total $223,364 Tree Preservation -The submitted tree inventory indicates that there are twenty-eight (28) significant trees in the inventory for the entire site. All of these trees are located along the east property line, adjacent to State Highway 149. The development as proposed will result in the removal of all twenty-eight (28) significant trees (100 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this development is 30%. The applicant has submitted a combination Tree Mitigation Plan and landscape Plan that indicates the fulfillment of required tree mitigation through the installation of forty-two (42) Category B trees. Ra Planning Report -Gopher Commons January 24, 2006 Page 7 Parks and Recreation -The proposed lots are subject to Park and Trail cash dedication, which would be collected at the time of building permit. The Advisory Parks and Recreation Commission reviewed this application on January 12, 2006 and recommended approval. Building Architecture/Materials - No less than seventy-five (75) percent of the exterior, exposed walls of any newly constructed building in light industrial (I-1) district shall be constructed of a vertical finish made of noncombustible, non-degradable, and low maintenance construction material, including, but not limited to, face brick; natural stone; specially designed precast concrete or synthetic stucco or comparable material (e.g., dryvit) units, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building in light industrial (I-1), general industrial district maybe constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block; or any other material not within the standards set forth in paragraph b.i. Any metal surface or siding as permitted herein shall be coated or anodized with anon-reflective, glare-free finish. As proposed these standards are met. As a Planned Development higher standards for finish materials could be established. S - An entrance Sign is shown on the Landscape Plan but does not provide any detail. The subject site is subject to the Sign Ordinance. A pylon sign would require a Planned Development Amendment. Li htin -The lighting plan seem efficient for an industrial use. The poles will be 30 foot poles with "shoe-box" style lights. Lighting should not be directed upon public right-of--way or adjacent properties and the source of light shall not be visible from off the property. SUMMARY/CONCLUSION The applicant is proposing to subdivide 21 acres (Gopher Commons) to create 3 Lots and one Outlot. The applicant proposes to construct three office/warehouse buildings totaling 145,000 sq. ft. on this site. Users are not established at this time, Final Planned Development review is required for development. Uses should comply with I-1 uses. Any outdoor storage would require a Planned Development Amendment. As proposed the I-1 standards are met with exception to the building height, the Elevation plans indicate a building height of 55 feet; the I-1 district limits height to 40 feet. Tree mitigation, water quality, grading, storm drainage, and utilities are acceptable as proposed. This site is adjacent to Yankee Doodle Road (County Road 28). Access to the site is via Private Street proposed to intersect Yankee Doodle Road in direct alignment with the existing access to the north (Gopher Resources) approximately 800 feet west of Highway 149. The Dakota County Plat Commission has reviewed and approved the preliminary plat with access restricted to right- 9/ Plaruiing Report -Gopher Commons January 24, 2006 Paee 8 in/ right-out turning movements only because the proposed access location does not meet County spacing guidelines. If the developer desires the access to remain at the current proposed location, Dakota County will require developer to construct the full closure of the median on Yankee Doodle Road to restrict vehicle movements to right-in/ right-out only, or pursue a variance to the spacing guidelines with the Plat Commission. The closure of the median will also affect Gopher Resource property access to the north. This development should meet all conditions of plat approval and permit approval as required by Dakota County. As proposed building material standards are met. Entrance monument signs are shown on some of the submitted plan sheets, but no details are given. Signage should meet the City Sign Ordinance and a pylon sign would require a Planned Development Amendment. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of 21 acres (Gopher Commons) to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1,2,3,4, C1,2,3, D1, and E1 2. The property shall be platted. 3. The designer of the erosion/ sediment control plan required under the MPCA permit shall be certified through a state erosion/ sediment control design training course, such as offered by the Minnesota Department of Transportation, or aCity-approved equal erosion/ sediment control design training course. 4. The developer shall be responsible for acquiring permit approval from Canadian Pacific Railroad to allow the discharge of storm water and construction activity within railroad right- of-way prior to Final Subdivision approval 5. The developer shall reduce the amount of discharge to one point, and provide sufficient storm flow energy dissipation so as not to erode areas within the railroad right-of--way ditch, as approved by City staff. 6. The developer shall construct an outlet skimmer on the proposed storm water basin, in accordance with City standards. 7. This development shall meet all conditions of plat approval and permit approval as required by Dakota County. 8. The developer shall provide a private ingress/ egress easement in favor of the West Publishing property providing for future use of the private street within the development, as approved by the City Attorney. 9. The developer shall provide cross easements for parking and access in a form acceptable to the City Attorney. 10. The developer shall be responsible for acquiring permit approval from Magellan Petroleum for all development work within the pipeline easement on the property. 11. The developer shall be responsible for acquiring permit approval from the MN Department of Transportation for all work within Highway 149 right-of--way, prior to final subdivision approval. 9L Planning Report -Gopher Commons January 24, 2006 Page 9 12. If the Outlot is not buildable it shall be combined with Lot 1 at Final Subdivision, the developer shall make this determination. 13. This development shall be responsible for a cash parks and trails dedication. 14. The applicant shall fulfill the required tree mitigation through the installation of forty-two (42) Category B trees, or an equivalent combination of Category A, B, or C trees. 15. To meet water quality requirements, one pond shall be constructed to treat stormwater from 20 acres. It shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are acceptable to the City. The treatment ponds shall be constructed according to NUItP standards with a maximum depth of 10 feet and a 10:1 aquatic bench from normal water level. 16. In lieu of ponding to treat stormwater runoff from 2.8 acres, a cash dedication should be required. 17. Final Planned Development review is required for development of these lots. 18. Any outdoor storage would require a Planned Development Amendment. tiuirc '~,~ Planning December 21, 2005 ' -' "~' ~' Civil Engineering Michael Ridley Land Sun-e~~ing Clty Of Eagan !,nm.~~~'L~u~h.n~~~l:~,,:~.:.-.u 3830 PIIOt Knob Road Landscape Architecrine Eagan, MN 55122 Environmental RE: Gopher Commons Preliminary Subdivision Submittal Eagan, MN Mr. Ridley, We are submitting information and plans for the preliminary subdivision of the following parcel: DESCRIPTION OF PROPERTY SURVEYED Per Torrens Certificate of Title No. 89324 All that part of Section 13, Township 27, Range 23, Dakota County Minnesota, according to the Government Survey thereof, lying westerly of the westerly right-of -way Fine of the Chicago, Milwaukee, St. Paul and Pacific Railway and lying easterly and northerly of the following described line: Beginning at a point on the north line of the Northwest Quarter of said Section 13, distant 1419.8 feet east of the Northwest corner of the Northwest Quarter; thence south at a right angle to said north line 776.50 feet; thence east parallel with said north line, distant 1454.98 more or less to the westerly right-of--way line of said Chicago, Milwaukee, St. Paul and Pacific Railway, and there terminating. EXCEPTING THEREFROM that part platted as GOPHER EAGAN INDUSTRIAL PARK 1sT ADDITION, according to the recorded plat thereof. This parcel, currently zoned PD would be subdivided into 3 lots and 1 outlot, and zoned I-l, Light Industrial. We would then like to construct one building per lot, which would house general office/warehouse. The construction would start this coming Spring of 2006 with the mass grading. After that, the building would undergo construction when specific users of each building are brought on board. The existing land use is a storage facility for an excavation company, for their excess material. The surrounding land use is: City property, water tower and park to the west, commercial property (undeveloped) to the east, Gopher Resource to the north and light industrial to the south. Residential properties are further west and south. ~ f. ..,~ .,.4 :. .:... -~ c~A n r~ Sincerely, Bill Sharbono, Loucks McLagan ;~;; h,lini,~~~,~~~!i ~~~~ r ~°~ ~ ~,~~ 4~ e ~Q~5 9~ January 13, 2006 City of Eagan Attention Sheila Cartney 3739 Pilot Knob Road Eagan MN 55122-1810 Re: GOPHER COMMONS The Dakota County Plat Commission met on January 9, 2006, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 28, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat is located in the southwest quadrant of CSAH 28 and Trunk Highway 149. This plat shows one full private access onto CSAH 28 and is located approximately 800 feet from TH 149. This access meets the requirements of 1/8-mile spacing for right turns only access. A full access at this location would require a variance from the current Access Spacing Guidelines and was not supported by the Plat Commission. The city indicated that Thompson Legal, which has undeveloped property to the south and southwest of this plat, has interest in this development as an access easement to CSAH 28. In the future, Thompson Legal is expected to expand current operations, resulting in increased traffic in the area. The Plat Comrission stated that the city should plan for Thompson Legal to connect to the Elrene Road in the future and utilize the current full access at CSAH 28 and Elrene Road. The Plat Commission is recommending closure to the median at the proposed full access location to restrict the access to right turns only. Closure of the median will be required through the permitting process by the Transportation Department. The Plat Commission recognizes that the median closure impacts the access to the Gopher site to the north of CSAH 28. If the developer/city wishes to pursue a full access at the proposed location, a variance letter must be submitted through the city. The letter should state the conditions causing the hardship. In addition, the Plat Commission did not rule out the possibility of a full access location if moved to the west boundary line, having approximately 1150 feet of spacing from TH149. This western boundary location would need to be studied to determine if there are adequate sight distances, stop distances and can accommodate large truck movements. The Plat Commission recommends that the County Transportation Department, the city and the developer meet to discuss the difficulty ofa full access and the need for future local road connections in the area. The Plat Commission did not approve the preliminary plat as submitted. 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 the permitting process which 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. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Loucks McLagan q5 ~~~P~ /jf ~~°~~ 9i~ee ~1:~ Q~~~g/~ nn9peAa... ~b'~~! ~\ ,~c/q • ,~N Storm Cd terdi <FG,F ~d ter qT /O~ Stor~i 3 Se~er`dter ~ 9 ~ dv d/ 48 F F~9. ~ Aa ~ci~an er Tr4nk ~ rStSF F ~e/ ~id1 •F (,0 7p ~ ~b/i 836 pher t30 p gdtion ' 884 Co~~o 5226 `SF STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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 requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. p7 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 Dedications This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication This development shall be responsible for provided 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 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 City Council Approved: Au;;ust 25, 1987 September 15, 1987 Revised: July 10,1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 98 a Location Map Eagan Boundary ~ Right-of-way ~PareelArea Park Area - Building Footpnnt s t ~^! ry+ ! +win... tw~~ tij ~ ~ • ~ sr• ~ ® r ' A 4 ~ ... ® ~ Q ® F ® + ' e d ~ off it 4 +4 ~ r ~fe O df~ a b ~~ $ ^ ® ~ Subject Site i® 0 i ~ ®~~ 4 ^ ~ ~! 4 er- ~ ~ 0 q9 +.., ~ . ~ d ~ A o D ~ -t;~ ~ o G • ~ y 4 O z a ~ ~ iP ~9 0 * ® 1a $ n .a ~ . ~ /~ (/~~ 'a~ L L ~~ S ~ 9 ®~ ~' ~ a 6 ~ ~® ~®~ ® a O t ~ ~ e ® ~ f ~ ~ i ab t °' e ®®4~,. ® g,¢ rs a A ' Mb s ~ ® M~ A~ (p~ ~ 9' ... wV ~ ®~ ~®@. r ti a ~ e ° ~- ~ 1 ~ g ' fs ~ 4 .. °Mw.. ~ ' t 0. 4 .® ~ 1000 0 1000 20 00 Feet Development/Developer. Gopher Commons Application: Prelim Subdivision Case No.: 13-PS-06-12-05 pnq q n C t ~ Map Prepared using ERSI ArcView 3.1. Parcel base map data provided by Dakota County Otfice of GIS and is current as of April 2005. N W y O l LQ~Qll TNIS MAP IS INTENDED F OR REFERENCE USE ONLY & The City of Eagan and Dakota County do not guarantee the accuracy of this informatio n and are S Community Dev.lopm.nt D.p.rtment not responsible for errors or omissions. Gopher Commons Current Zoning and Comprehensive Guide Plan Prelim Subdivision Land Use Map Case No. 13-PS-06-12-05 Zoning Map ~ PD ~ 4 1 - ~z 0 . ~ PD ~' PD E,,i pNKEE DOODLE RD.) 1 O' Current Zoning: N °. ~~ BP PD I"~ PF Planned Development Subject . Area PD '"o 0 PD t~ PP, 1- (~o f00 0 800 7200 h.t 9~ Comprehensive Guide Plan IND ~ Land Use Map o IND IND MO 1a lr PtIKEE DOODLE RD.) p0. ~°~ BP IND Current Land Use Designation: aP Subject Area IND IND Industrial IND a$ IND ym ~A `v P O f00 0 800 7200 F.N 7Q Parcel bass map Informatlon provided by Dakota County Land Survey Department Juna 2007 ~ N Zoning Informatlon maintained by City Staff. 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To approve (OR direct preparation of findings of fact for denial for) a Rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road in the SE'/4 of Section 18. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to create a 107-unit apartment building upon 6.8 acres located west of Silver Bell Road and Hwy. 13 in the SE 1/a of Section 18, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Variance of 30 feet to the required 50-foot setback from a public right of way for the existing apartment building on 2099 Silver Bell Road from the new public street to serve the proposed Kennealy Ridge apartment development. REQUIRED VOTE FOR APPROVAL: - Comprehensive Guide Plan Amendment - At least three votes - Rezoning and Preliminary Planned Development - At least three votes - Variance - Majority of Councilmembers present FACTS: - On Apri14, 2006, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. - One May 25, 2006, the Met Council responded, waiving further review and directing that the City may implement the land use amendment. - The City Council also indicated that Planned Development would be a more appropriate zoning for the development site. - The developer subsequently submitted a Preliminary Planned Development application. - The proposed development combines three existing parcels into one for construction of an apartment building on the westerly 5.1 acres with access to the building via a new icy public street from Silver Bell Road through the southeasterly 1.7 acres. - Ponding is located near the new public street leading into the development. - The new dedicated right-of--way extends to the Wuthering Heights Road right-of--way, and ends with no direct street connection to Wuthering Heights Road. - The dedicated right-of--way also includes the remnant land south of the new street. - The remnant Outlot A on the adjacent L1, B1, Vogelpohl Addition should be included in the right-of--way easement for the new public street. - The proposed net density is 17.2 units per acre, meets typical R-4 standards, and is consistent with the HD, High Density, land use designation. - The grading and storm drainage plans are acceptable with some modifications. Water quality requirements are satisfied and tree mitigation is required. - This development is subject to cash park and trail dedications payable at the time of final plat. - On June 27, 2006, the Advisory Planning Commission held a public hearing on the Rezoning and Preliminary Planned Development and recommended approval. ISSUES: - Tree mitigation is proposed within newly dedicated right-of--way and should be relocated. - The proposed placement of the monument sign off-site and at less than 10' setbacks is unacceptable. - The proposed building is 55.5 feet in height and requires additional setbacks for building height >35', these additional setbacks are not fully met. - Prior to Final PD approval, compliance with recreational space requirements, and revisions to the landscape, mitigation, and site lighting plans are required. ATTACHMENTS (3}; ~~ ~ June 27, 2006 APC Minutes, pages through I) y Staff Report dated June 21, 2006 (revised June 28, 2006), pages[ ~ through Correspondence from Met Council dated May 23, 2006, pages through I~ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 27, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 27, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Jensen, Heaney, Feller and Dugan. Also present were, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Planner Mike Ridley, City Attorney Bob Bauer, and Deputy City Clerk Mira Pepper. AGENDA Member Heaney moved, Member Keeley seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. May 23, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Chavez moved, Member Feller seconded a motion to approve the May 23, 2006 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Kennealy Ridae Apartments Applicant Name: Sunrise Properties, LLC Location: 2101 Wuthering Heights Road; Application: Rezoning A Rezoning of 68 acres from (A) Agriculture and (R-4) Residential Multiple to (PD) Planned Development. File Number: 18-RZ-06-05-06 Application: Preliminary Planned Development A Preliminary Planned Development of 6.8 acres to create amulti-family apartment building. File Number: 18-PD-02-05-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 21, 2006. She noted the background and history. Theresa Haglund, Sunrise Properties, was present to answer questions of the Commission. Chair Hansen opened the public hearing. Michael Corbit, 2125 Wuthering Heights Road, questioned the proposed access to the subdivision. ~o~ There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Commission members held a discussion which included the number of proposed units in the apartment building, signage height, location of monument sign, landscape design, easement acquisition and rights- of-way. In response to a question, Ms. Haglund stated Sunrise is reviewing the sign location issue and that they would like the City to consider allowing replacement and/or landscape trees to be installed in the excess right-of-way adjacent to the new street. Chair Hansen stated the density and other aspects were consistent with the R-4 requirements. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Developmeht of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 SilverBell Road h the SE'/4 of Section 18. A vote was taken. All voted in favor. Motion carried: 7-0 Member Keeley moved, Member Feller seconded a motion to recommend approval of a Preliminary Planned Development to create a 107-unit apartment building upon 68 acres located west of Silver Bell road and Hwy. 13 in the SE'/< of Section 18 subject to the following .conditions: 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. The property shall be platted prior to issuance of any building permits. 3. Architectural design and-construction methods for construction of the apartment building shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The remnant Outlot A'of Lot 1, Block 1, Vogelpohl Addition shall be included in the right-of-way easement area. 5. R-4, Residential Multiple setbacks shall apply to this development except as noted otherwise. 6. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final plat and planned development approval. 7. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 8. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The developer shall construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. 10. The proposed public street shall be constructed to City engineering standards. i~ 11. The developer shall acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and Final Planned Development approval. The easement shall be in a form acceptable to the City Attorney. 12. The developer shall acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to cover the proposed street extension, prior to final plat and planned development approval. The easement shall cover the necessary street extension and include the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. The easement shall be in a form acceptable to the City Attorney. 13. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 14. This development shall provide all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, in a form acceptable to the City Attorney. 15. This development shall dedicate adequate drainage and ponding,easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 16. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 17. The developer shall provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for_the public street and utility work for the development, prior to final-plat and planned development approval. 18. The developer shalt provide as-built'record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building 19. Two ponds should be utilized to treat stormwater runoff as proposed. The ponds should have dimensions acceptable to City standards. 20. The developer shall fulfill tree mitigation requirements through the installation of one hundred three (103) Category B trees, and a cash payment of $22,500.00. 21. The developer shall.. protect preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 22. The developer shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 23. The developer shall demonstrate compliance with recreational space requirements and interior storage space requirements prior to Final Pianned Development approval. i~ 24. The developer shall revise the Landscape Plan fo preserve proof of parking areas for future use and maintain visibility along the drive lanes. 25. The Landscape Plan shall be revised prior to Final Planned Development approval to address the following: 8. Review placement of trees on the slope west of the building to ensure that planting and maintenance can be accomplished. b. Substitute tall deciduous trees for conifers on the west side of the building. C. Maintain visibility along the drive lanes d. Substitute shorter ornamental trees near the patio so as not to obstruct emergency access to the upper floors of the building. 26. The Tree Preservation Plan shall be revised to relocate trees shown within the right-of-way (south of the new public street) elsewhere within the property. If the site cannot accommodate these relocated trees, alternative mitigation measures will need to be explored,. subject to review and approval by the City Forester. 27. The Final Landscape Plan shall be signed by the landscape architect or certified' nurseryperson who prepared it. 28. The monument sign shall be relocated within the site on proposed Lot 1, Block 1, Kennealy Ridge Apartments, and shall be set back at least 10 feet from all property lines. 29. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the planting plan to ensure the two do not conflict. Any conflicts shall be resolved and reflected on the Final Site Lighting plan required for the Final Planned Development application, and shall be subject to review and approval by City staff. 30. The developer shall. have the ,lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes, and add pedestrian level lighting if necessary. Security and safety lighting shall be shown on the Final Site Lighting Plan required for Final Planned Development approval; and shall be subject to review and approval by City staff. 31. This proposal shall be.responsible for a cash parks and trails dedications payable at the time of final plat at the rates #hen in effect.. A vote was taken. All voted in favor. Motion carried: 7-0 I I~ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2006 (revised June 28, 2006) APPLICANT: Sunrise Properties CASE: 18-PD-02-OS-06 HEARING DATE: June 27, 2006 PROPERTY OWNER: Betty Bassett APPLICATION DATE: May 31, 2006 Silver Pines Acquisition, LLC REQUEST: Rezoning; Variance; PREPARED BY: Pamela Dudziak Preliminary Planned Development LOCATION: 2101 Wuthering Heights Rd. /west of Silver Bell Road and Hwy.13 COMPREHENSIVE PLAN: LD, Low Density Residential (request for HD, High Density residential is pending) ZONING: A, Agriculture; R-4 Residential Multiple SUMMARY OF REQUEST Sunrise Properties is requesting approval of a Rezoning from A, Agriculture and R-4, Residential Multiple, to PD, Planned Development, a Preliminary Planned Development to allow construction of an apartment, and a Variance to allow a structure setback of less than 50 feet to a public street, upon approximately 6.8 acres located at 2101 Wuthering Heights Road and property adjacent to 2099 Silver Bell Road (west of Hwy. 13), in the SE %4 of Section 18. AUTHORITY FOR REVIEW 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. Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 2 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Variance: 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. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY The site consists of 6.8 acres comprised of three parcels. One parcel is a vacant 1.7 acre outlot (zoned R-4) southwest of an existing apartment building at 2099 Silver Bell Road. The two others are unplatted parcels that comprise a 5.1 acre site which contains a single family home. This portion of the site is currently zoned A, Agriculture. The site is surrounded by a variety of uses. Public Facilities to the west, industrial to the north and east, commercial office to the south, and both multiple-family and single-family residential to the west. ~ ~Z Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Comprehensive Land Use Plan -Earlier this year, the City considered a request to change the Comprehensive Guide Plan Land Use designation from LD, Low Density, to HD, High Density residential. On Apri14, 2006, the City Council directed the amendment to be sent to the Metropolitan Council for review. The City Council also concurred with the Advisory Planning Commission that Planned Development would be a more appropriate zoning for the development site. On May 25, 2006, the City received the Metropolitan Council's response to the proposed land use amendment, waiving further review and directing that the City may implement the land use amendment. EXISTING CONDITIONS The 5.1 acre site is heavily wooded and generally slopes to the northwest. A heavily wooded ravine extends along the west edge of the property. The ravine has steep slopes with significant natural resource considerations, including tree preservation and impacts to downstream property. This ravine is directly above the Minnesota River flats, and appears to be highly susceptible to erosion. The ravine should be subject to stringent temporary and permanent erosion control measures with any type of land use and development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Seneca Plant I-1, Limited Industrial IND, Limited Industrial South A artments/Condos R-4, Multi le Residential HD, Hi h Density residential East Industrial I-l, Limited Industrial IND, Limited Industrial Northwest/ Southwest Vacant/Single- family PF, Public Facilities/ R-l, Single Family Residential QP, Quasi-Public/ LD, Low Density residential EVALUATION OF REQUEST Description of Proposal -The existing three parcels are proposed to be replatted as a single parcel. The applicant proposes to construct afour-story 107-unit apartment building on the westerly 5.1 acre parcel, providing access to the building via a new public street from Silver Bell Road through the existing 1.7 acre outlot. Compatibility with Surrounding Area -There are a variety of land uses adjacent to this site - office, industrial, multi-family and single-family and quasi-public. The proposed multi-family residential use appears compatible with this mix of existing uses. Airport Noise Considerations -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter i i3 Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 4 in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the area as LD, Low Density residential. The site is located 3.5 miles south of the north-south runway at MSP, adjacent to the arrival and departure flight track for that runway. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the one-mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that shared-entry multi-family residential dwellings will be a provisional use within the Buffer Zone. This property is located within Airport Noise Policy Zone 4. With the opening of the new North- South runway at MSP in Fall 2005, this property experienced increased exposure to aircraft overflights. Architectural designs and construction methods for construction of ashared-entry multi-family building should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. Conforming Plan -The conforming plan is intended to show a development that conforms with R-4 zoning, for comparison purposes to the proposed Planned Development. The conforming plan shows the 107-unit apartment building. Parking stalls conform to dimensional standards and required number of stalls. The conforming plan shows conforming minimum structure setbacks, but does not include the additional setbacks required in conjunction with the increased building height. In the conforming plan, street access is provided via Wuthering Heights Road. Density - As a Planned Development, the acceptability of the proposed density is a policy matter to be determined by city officials. To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. Proposed -The developer is proposing 107 units on a gross site area of 6.8 acres, resulting in a gross density of 15.7 units per acre. With the dedication of approximately 0.6 acres for right-of--way for the new public street, the net site area is 6.2 acres, resulting in a net density of 17.2 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq, ft. per unit for each unit served by underground garage, resulting in a net required site area per unit of 2,450 sq. ft.. With 107 proposed units, this translates into a required site area of 6.0 acres (the equivalent of 17.8 units per acre density). The proposed site, whether measured by gross or net area, exceeds the 6.0 acre minimum, and thus, the site area complies with R-4 standards. i i4 Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 5 The development as proposed has a net density of 17.2 units per acre, which includes the allowed credit for underground garages, whereas the R-4 zoning district allows a density of 17.8 units per acre. In summary, this proposal complies with R-4 zoning standards for required site area and density. Lots -The existing parcels are proposed to be replatted as a single parcel. Lot 1, Block 1, is proposed to be 6.2 acres, while 0.6 acres will be dedicated as right-of--way. The dedicated right- of-way includes the area of the new public street, and the remnant land south of the new street. The preliminary plat shows the new public street crossing the adjacent parcel (Lot 1, Block 1, Vogelpohl Addition) creating a small triangular remnant to the south of the new street identified as Outlot A. This remnant should be included in the right-of--way easement area for the new public street. Grading/ Topog_raphy Erosion Control -The preliminary grading plan is acceptable with modifications. The site is heavily wooded and generally slopes to the northwest. A heavily wooded ravine extends along the west edge of the site. This ravine is directly above the Mirmesota River flats, and appears to be highly susceptible to erosion. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final plat and planned development approval. All erosion/ sediment control plans submitted for development and gading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation oferosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installerceitification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage -The preliminary storm drainage plan is acceptable with modifications. A majority of the site storm water runoff is proposed to drain to the existing pond within the adjacent property to the north, Lot 1, Block 1 Cedar Bluffs Business Center, either through direct pipe drainage or from a proposed pond within the development. This storm sewer layout is intended to direct runoff away from the ravine as much as possible. The pond proposed on the site is located near the public street leading into the development. In order to meet water quality and rate control requirements, the developer is proposing to expand the existing pond on Lot 1, Block 1, Cedar Bluffs Business Center. The developer should construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. Utilities -The preliminary utility plan is acceptable with modifications. Water main and sanitary sewer service is readily available to serve development of the property. 115 Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 6 Streets/ Access/ Circulation -The preliminary site plan shows the extension of a public street from Silver Bell Road west toward Wuthering Heights Road, arural-section gravel road within public right-of--way. A temporary cul-de-sac is proposed on the end of this street, with no direct connection to Wuthering Heights Road. One driveway connection to the proposed apartment building is shown to the public street. Construction of the public street will require public street easement dedication across the adjacent parcel (Lot 1, Block 1, Vogelpohl Addition). The proposed public street should be constructed to City engineering standards. Easements/ Permits/ Ri t-of--Way -The developer should acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and planned development approval. The developer should acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to cover the proposed street extension, prior to final plat and planned development approval. The easement should cover the necessary street extension and include the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. This development should dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. This development should dedicate alI public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. This development should dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. The developer should provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for the public street and utility work for the development, prior to final plat and planned development approval. The developer should provide as-built record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building. Water Quality/Wetlands -This 5.1-acre development is located in the northwest sector of the City, immediately adjacent to property of Metropolitan Council Environmental Services, which operates the Seneca Wastewater Treatment Plant. The developer proposes to meet the City's water quality requirements by directing stormwater runoff to two treatment ponds, one on the parcel to be constructed and another to be expanded on the adjacent parcel to the north. Requirements for the volume of water quality treatment ponds are based on the imperviousness of proposed developments (i.e., the proportion of land covered by buildings, parking lots, driveways, and walks). As proposed, stormwater treatment for this development exceeds the minimum total volume. There are no wetlands associated with this parcel. ua Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 7 Tree Preservation - A tree inventory submitted with this application indicates that there are one- hundred forty-three (143) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent o~'Total Boxelder 18" 12"-30" 55 38% Cottonwood 35" 12"-72" 40 28% Conifer 30 foot height 14'-50' height 40 28% (Red Cedar, White Spruce, Pine) The balance of the tree inventory is comprised of a variety of deciduous trees, including species such as silver maple, black cherry, ash, and willow trees averaging 20" in diameter. The development as proposed will result in the removal of ninety-seven (97) of the one-hundred forty-three (143) significant trees (67.8 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single- phase, single-lot, multiple-unit residential) is set at 30% of the total significant trees. With a proposed removal more than the allowable amount, there is a required tree mitigation of one hundred seventy-eight (178) Category B trees. The applicant has submitted a Tree Mitigation Plan that indicates the installation of one-hundred- three (103) Category B trees to partially fulfill tree mitigation requirements. The balance of the required tree mitigation is proposed to be fulfilled through a cash payment. This cash balance is calculated at $22,500.00. Bulk Standards -While the City Code does not specify bulk standards for the PD zoning district, the R-4 standards are applicable for comparative purposes. The R-4 zoning district requires the following: Building Setbacks -The required and proposed building setbacks are summarized in the tables below. City Code states "all minimum setbacks ...shall be increased by three feet for each one foot of building height over 35 feet." In the R-4 zoning district, this additional setback provision does not identify a maximum setback, however, in other zoning districts, a maximum setback of 60 feet on the front and 40 feet on side and rear yards applies. Thus, with no maximum specified and a building height of 55.5 feet, the building setbacks should be increased an additiona161.5 feet. These amounts are shown below. The proposed building satisfies minimum R-4 standards, but does not satisfy the additional setback requirements. Required Setbacks: Minimum With SS. S' Bldg. Ht. Front yard/public right-of--way = 50 feet 111.5 feet Side yard = 30 feet 91.5 feet Rear yard = 30 feet 91.5 feet m Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 8 Proposed Setbacks: North (rear -- adjacent to industrial) ~30' East (side -- adjacent to multi-family) ~80' South (front -- adjacent to single-family) ~80' West (side -- adjacent to public facilities) ~80' Variance - A Variance is required for the existing building setback from the proposed public right-of--way. The R-4 zoning district requires a minimum 50 foot setback to a public street, the existing building at 2099 Silver Bell Road will be set back approximately 20 feet from the proposed new public street right-of--way. Building Coverage -Building coverage in residential districts is typically 20%. Building coverage proposed for this site is 13.1 Green Space -The development proposes an overall green space of 34%. Building Height -The R-4 zoning district allows a maximum building height of 60 feet. Building height is measured to the mean roof level of a pitched or hip roof, and to the highest point of a flat or mansard roof. Using this method of measurement, the proposed apartment building has a height of 55 to 55.5 feet. Trash Enclosures -Trash storage should be provided within the principal structure, typically in the underground garage area. The submitted floor plan indicates that interior trash storage areas are provided. Required Recreation Area -The zoning ordinance requires that each multiple dwelling complex provide recreation area for its residents. The recreation area requirements are summarized below. Required recreation areas must be located at least 100 feet from any ponding area. Given the proposed 107 units, a total amount of recreation area required is 21,600 square feet. The plans do not identify specific on-site recreation space. TYPE OF UNITS # OF UNITS RECREATION AREA PER UNIT TOTAL REQUIRED RECREATION AREA Efficient 16 200 s . ft. 3,200 s . ft. 1-Bedroom some lus den) 48 200 sq. ft. 9,600 sq. ft. 2-Bedroom (some lus den 44 200 sq. ft. 8,800 sq. ft. Totals 107 21,600 s . ft. Storage Area -The zoning code requires that a minimum of 150 cubic feet of storage shall be provided within the building for each unit, exclusive of storage space within each dwelling unit. The architect should verify that the required storage space is provided prior to Final Planned Development approval. n~ Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 9 Off-Street Parking -The zoning code requires two parking stalls for each dwelling unit, one of which must be enclosed. The proposed development contains 107 dwelling units. Each building will have an underground garage that provides one enclosed parking stall for each dwelling unit. 76 surface parking stalls are provided, with another 43 stalls identified as future proof or parking. Total possible surface parking is 119 stalls. Parking stalls are ten feet wide and 20 feet deep. Landscaping -The City landscape ordinance requires that tree mitigation be provided in addition to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the landscape ordinance standards, absent any mitigation plantings. Landscaping plantings are proposed around the building and consist of foundation plants all around the building, shade and ornamental trees along the front (east} of the building, and evergreen trees on the north and south ends of the site. Trees on the northeast corner of the site are shown in the proof of parking areas, and conifers will obstruct visibility at driveway corners and turns.. The developer should explore an alternative landscape design to preserve the future parking areas, and maintain visibility along the drive lanes. Scattered trees are shown on the west side of the building, on the down side of the slope. Staff is concerned about planting in these areas, both to ensure that trees do get planted to help stabilize the slope and prevent erosion, and that the tree placement be accomplished early enough in the construction project while the necessary equipment can access that area. Staff also has concerns about crowding, and suggests that spacing between trees, particular the conifers, be increased. The patio shown on the northeast end of the building exists in part to provide emergency vehicle access to that corner of the building. The selection of trees in that area, particularly between the patio and the building, should be a short variety, such as an ornamental crabapple or Japanese Tree Lilac, so as not to obstruct emergency access to the upper floors of the building. Mitigation plantings are concentrated on the existing 1.7-acre outlot. Planting around the storm drainage pond and along the public street within proposed Lot 1, Block 1 is acceptable, however, a significant amount of the mitigation is proposed south of the new street, on public right-of--way. Planting within public right-of--way is not acceptable and these trees should be relocated elsewhere within the site. If the site cannot accommodate additional planting, alternative mitigation measures will need to be explored, subject to review and approval by the City Forester. The Final Landscape Plan should be signed by the landscape architect or certified nurseryperson who prepared it. Building Architecture/Elevations -The proposed building is a three and four-story building with underground garage. The three-story section is on the west end of the site, nearest the adjacent single-family homes. Building materials include cementitious siding (Hardi-board or similar material) in two colors, vinyl siding resembling cedar shakes, glass, brick and rock face CMU. The roof material is asphalt shingles. The exterior includes balcony/decks. I~q Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 10 The roof is a pitched roof with gable elements spaced along the length of the building. A tower with a round window and peak roof is shown on the south end of the northeast facade above the building entrance to the main lobby. This same tower feature is mimicked in the proposed monument sign design. The building shape consists of several segments as the building conforms to the topography of the site. All facades should be treated as a front and utilize the same finish materials, and the plans appear to do so. Sig_nage -City Sign Code allows afree-standing sign for each site entrance to a major apartment complex. A monument sign is permitted. City sign code standards for a monument sign limit the height to 7 feet, with a maximum height of the message area of 4 feet. The proposed monument sign reflects the materials and design features of the principal building and consists of a sign face supported by two pillars. The two pillars have a brick base to match the building and a peaked roof cap. One pillar reflects the architectural style of the building with vinyl "cedar shake" siding. The height to the top peak of the pillars is 7 feet, and to the top of the sign panel is 5.5 feet. The monument sign design is consistent with City Sign Code requirements. The monument sign is proposed to be located adjacent to Silver Bell Road, on the remnant Outlot A. This location is not acceptable. The proposed monument sign location is off-premises, on a remnant of the adjacent L1, B1, Vogelpohl Addition and does not meet the required 10 foot setback from the property lines. In addition, it is recommended that the remnant outlot be included in the right-of--way easement for the new public street connection to Silver Bell Road, in which case the sign cannot be placed within right-of--way or right-of--way easement. The monument sign should be relocated within the site, on Lot 1, Block 1, Kennealy Ridge Apartments, and must be set back at least 10 feet from all property lines. Site Lighting Plan -Site lighting is proposed to be accomplished through free-standing pole- mounted lighting. Some building mounted lighting is also proposed. The standard fixtures are 400 watts, high pressure sodium, mounted at 25 feet. Typically, minimum light levels of 0.5 foot-candles are acceptable within parking lots, and maximum light levels of 1 footcandle at the property line are acceptable. The Illuminating Engineering Society of North America (2003) manual suggests an average-to-minimum uniformity ratio not greater than 4:1. The average-to- minimum ratio identified on this plan is 3.6 and 3.8 This suggests fairly uniform light levels throughout the site. The photometric plan was difficult to read, but appears to satisfy these standards. The developer should have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials and placement of light fixtures do not conflict. The lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes and additional pedestrian level lighting should be added if necessary. iz~ Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Paee 11 Parks and Recreation -This development is responsible for cash parks and trails dedications payable at the time of building permit at the rates then in effect. The 2006 rates are $3,070 per unit for parks and $238 per unit for trails. Financial Obligation/ Connection Charges - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of--way required with the plat: Im rovement Use Rate Quanti Amount Storm Sewer Trunk MF $0.1325/ sf 277,302 sf $36,743 SUMMARY/CONCLUSION Sunrise Properties is requesting approval of a Rezoning from A, Agriculture and R-4, Residential Multiple, to PD, Planned Development, and a Preliminary Planned Development to create afour-story 107-unit apartment building, upon 6.8 acres. A Variance is also requested for setback of an existing building from the new public street. The Planned Development zoning allows for flexibility from strict code requirements, and provides for review and approval of the building architecture and design, monument signage, landscape plan, site lighting, and other elements of the development. This flexibility is intended to encourage greater creativity and environmental sensitivity in site design and more creative and efficient use of land. The proposed development combines three existing parcels into one for construction of an apartment building on the westerly 5.1 acres with access to the building via a new public street from Silver Bell Road through the southeasterly 1.7 acres. The dedicated right-of--way extends to the Wuthering Heights Road right-of--way, and ends in a temporary cul-de-sac with no direct connection to Wuthering Heights Road. The dedicated right-of--way also includes the remnant land south of the new street. The remnant Outlot A on the adjacent L1, Bl, Vogelpohl Addition should be included in the right-of--way easement for the new public street. Ponding is located near the new public street leading into the development. The proposed density is acceptable, meets typical R-4 standards and is consistent with the HD, High Density, land use designation. The grading and storm drainage plans are acceptable with some modifications. Water quality requirements are satisfied and tree mitigation is required. Tree mitigation is proposed within newly dedicated right-of--way, and the proposed placement of the monument sign is unacceptable. The building is 55.5 feet in height and as a result requires ~z~ Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 12 additional setbacks which are not satisfied. The developer will need to demonstrate compliance with recreational space requirements prior to Final Planned Development approval. Site landscaping and lighting plans will need additional scrutiny and some modification prior to Final Planned Development approval. This development is subject to cash park and trail dedications payable at the time of final plat. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture and R-4, Residential, Multiple, to PD, Planned Development of 6.8 acres located at 2101 Wuthering Heights Road and adjacent property south of 2099 Silver Bell Road in the SE '/4 of Section 18. To recommend approval of a Preliminary Planned Development to create a 107-unit apartment building upon 6.8 acres located west of Silver Bell road and Hwy. 13 in the SE '/4 of Section 18. If approved, the following conditions shall apply: 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. The property shall be platted prior to issuance of any building permits. 3. Architectural design and construction methods for construction of the apartment building shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The remnant Outlot A of Lot 1, Block 1, Vogelpohl Addition shall be included in the right-of--way easement area. 5. R-4, Residential Multiple setbacks shall apply to this development except as noted otherwise. 6. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final plat and planned development approval. i~ Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 13 7. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. The developer shall construct an outlet skimmer structure, in accordance with City engineering standards, on the outlet from the proposed pond. 10. The proposed public street shall be constructed to City engineering standards. 11. The developer shall acquire the necessary public drainage & utility easement to cover the proposed storm sewer pipe and pond expansion on Lot 1, Block 1, Cedar Bluffs Business Center, prior to final plat and Final Planned Development approval. The easement shall be in a form acceptable to the City Attorney. 12. The developer shall acquire the necessary public street easement from Lot 1, Block 1 Vogelpohl Addition to cover the proposed street extension, prior to final plat and planned development approval. The easement shall cover the necessary street extension and include the area shown as Outlot A within Vogelpohl Addition on the preliminary site plan. The easement shall be in a form acceptable to the City Attorney. 13. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of--way. 14. This development shall provide all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency, in a form acceptable to the City Attorney. 15. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 16. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards, guidelines and policies. 17. The developer shall provide a financial guarantee and inspection escrow, in amounts and types in accordance with City final subdivision procedures and policies, for the public street and utility work for the development, prior to final plat and planned development approval. iz3 Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 14 18. The developer shall provide as-built record plans of all public streets and utilities, in a form acceptable to the City Engineering Department, at the completion of the development and before occupancy of the proposed building 19. Two ponds should be utilized to treat stormwater runoff as proposed. The ponds should have dimensions acceptable to City standards. 20. The developer shall fulfill tree mitigation requirements through the installation of one hundred three (103) Category B trees, and a cash payment of $22,500.00. 21. The developer shall protect preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to 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. 22. The developer shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 23. The developer shall demonstrate compliance with recreational space requirements and interior storage space requirements prior to Final Planned Development approval. 24. The developer shall revise the Landscape Plan to preserve proof of parking areas for future use and maintain visibility along the drive lanes. 25. The Landscape Plan shall be revised prior to Final Planned Development approval to address the following: a. Review placement of trees on the slope west of the building to ensure that planting and maintenance can be accomplished. b. Substitute tall deciduous trees for conifers on the west side of the building. c. Maintain visibility along the drive lanes d. Substitute shorter ornamental trees near the patio so as not to obstruct emergency access to the upper floors of the building. 26. The Tree Preservation Plan shall be revised to relocate trees shown within the right-of--way (south of the new public street) elsewhere within the property. If the site cannot accommodate these relocated trees, alternative mitigation measures will need to be explored, subject to review and approval by the City Forester. 27. The Final Landscape Plan shall be signed by the landscape architect or certified nurseryperson who prepared it. i24 Planning Report - Kennealy Ridge Apartments June 27, 2006 (revised June 28, 2006) Page 15 28. The monument sign shall be relocated within the site on proposed Lot 1, Block 1, Kennealy Ridge Apartments, and shall be set back at least 10 feet from all property lines. 29. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the planting plan to ensure the two do not conflict. Any conflicts shall be resolved and reflected on the Final Site Lighting plan required for the Final Planned Development application, and shall be subject to review and approval by City staff. 30. The developer shall have the lighting engineer should also verify that the sidewalk areas are sufficiently lit for safety and security purposes, and add pedestrian level lighting if necessary. Security and safety lighting shall be shown on the Final Site Lighting Plan required for Final Planned Development approval, and shall be subject to review and approval by City staff. 31. This proposal shall be responsible for a cash parks and trails dedications payable at the time of final plat at the rates then in effect. ~~s Q a ~-~-~- 2111 \ \ - -- o \\\/// G -- -_- _ _ ~! ~. ~~~V. ~ 2113 ~~ - 2121 Q 2099 ~,,~ -- J ~ -- 213 2125 - -"' 2120 - 2020 - ------...... ~ 2095 Q O~ 3786 2110 00 ^ O [z.~ ~ ~ LJ ~'-I .J '-' 202 2D91 Z 211 s 2141 2135 2131 2127 212s SILVER gELL Q N ~ U --~ 3800 ~O a ~ ~ 13 ~~ els W F- ~ w` ~~`v FINANCIAL OBLIGATION LEGEND Storm Sewer Trunk - 277,302 S.F. G:JohnGorder BAllen Kenneal Add Financial Obligation Cit of E~ ~Il ~ ~ Kennealy Ridge ~ Apartments ~Z Fig. 1 Engineering Department Location Map Eagan Boundary Pa9ce Areay O Park Area - Building Footprint ~1 a `~ ~ • ® o P ~so , , .~ ~` r ~.foa P~v- ~ ' ~ ~ ®~ ? ~~ • • s ~ V ` Sub'ect O O Site ~ ® ~ ® ' ~ ~" ' ~ ~ ®® ~ s ® ~ ~~ ®~ ~~ • C '`~d A, 9~[ r`'~ ~®~ ~' ~ •" 9 d ~ r ii~ ~ ~ P • 9 ^ ,~~ ~ ~r (6 ~ ®® ~® 1 O ~ ° saa i~ ~® ~®®o ~ ®~ ,s ~~' ®~ yil~~® ¢PtE 3'~ t °'~ °9` ~'~ e ® Y , p'P, 0 ,f' ® d- ~ ~ ~ g ~d ~~ 0 ~ ~o nua • e 0 ® , B ~ ~ i ~ ~ ~ ® ~ O ~.®~ • L ® fa ® ~ ' p O ~ ~ ,w s ®~ ® y °''~e ' o s ~ ® ® ® O ~ ` Its ~ ~ ~ ~ ~ ® f ~ ... ® ~ ~ `4. s r ~ q ~ r s F 1000 0 1000 2000 Feet Development/Developer: Bassett Property Application: Rezoning and Prelim Planned Development Case No.: 18-RZ-06-05-06 and 18-PD-02-OS-06 City of Efl~flIl Map Pfepared using ER51 ArcView 3.1. Pafcel base map data prwidetl ~ ~~ by Dakota County Office of GIS and is current as of April 21105. THIS M IS EN E N W E community Drv~topmant Orpanmrnt AP INT D D FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan Land Use Map Kennealy Ridge Apartments Rezoning, Prelim. PD and Variance 18-RZ-02-02-06; 18-PD-02-05-06; 18-VA-11-05-06; Zoning Map P I., -, Location I., Current Zoning: A, Agriculture R-4, Residential Multiple I., I., It " PD ~'' ~'a R- 4 a~F r '~ P PD ' CDD R1 CGD CGD R~4 t,t O ~ *,~~,f •~ G F i ccD 600 o coo zoo F..t °', Comprehensive Guide Plan Land Use Map IND ID P Location P IND ND P IN IN Current Land Use Designation: DF LD, Low Density Residential (HD, High Density pending) F tD IND ~ pa .P `" ,~'' P D ~,, HD, High Density Residential :" 6A LD " D/B i" i" SA P 7 ~ ND `*~ „ E A MD 6 P k t 600 0 600 1200 F..t F ~pq~ S 6" p F w `N (~ ~ _ - , j 6-fi'" ~ t ~ }selpe..; -. ~ _~ =.,._~4~T~ oc,. pc• _ 1 °-e:. ~`-\\::> :` _` ~ \\ ~ ',' I ~ Yw V ~~ nN'~ / ~ a o. ` ~ ~ .lr `I~ ~ „'' ,-f ^`-&wr \~v ~~ \"~~ ~.~: ,~l, 'tom--...'"'~`l~ ~ 1~~ I I r: ~l 1:; 4d~q, F~^Jrr \ \ [ ~ \•'`, ~`{~.{',~`'~-'.f ~.o r 1 \ \tf ~ e--, I j I I b ice/ J ~"d E~\ •\~.~~ \ ~ `J~ "-'w„ ~i \~~ ~ = `4 `' .__ ~iL~+. 1 1 ~- /l Vii', ~ r ~ f 0 7 / i "- - \- \ \' ~ +!-'~_- ~~ ~ ` - ~ rr= = \ ., - ~ V -. ~ \ '+---=~ )=r_~K .Y~ ~ ,~ ,~/~ \ - :~;;~,'\~~ - 4- "t ~ :~`~ 1, -41 ; 1 dr ~,gl i '/r,;'` ~c f/e~ ~(~~` ;;y'/ i \\$ -- i \\ T _= I Ilia ~'/I' ,` ~_`~`, j I\Ijl / ~ '/~.'~~I S',',r /s~~ )) _ ^ /N \ ~\-°~ / ,,\ li ~l~ III'/ I`~ ~` /r ~f _ I i `~A . /T i ~ ';;'P• ' / c;''r: Y ~ !/ \ \ _. .. j" ! i l I ~' ~ '. ``-~v / .~ _ r \ \ ~~/i ~ A`J '%.'; •'~ n ~,, , /i /- ,f~/ //ice ,.~`k/ ~_ ? ~ ~-., `/ / \ \ X_ v is /ii' / /r/ r ^. 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Q N ^ , b L^A O WJ n ~_ it Z 0 ` N ^~ W 0 W /~~ O 0 W 1!1 C ~ ~n a o ~ ~, I~ May 31, 2006 Ms. Pam Dudzialc City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Dudziak Sunrise Properties is requesting a rezoning of property and Preliminary Planned Development approval of our project located Northwest of Highway 13 and Silver Bell Road in the SE'/a of Section 18. In addition, a variance to the required front setback is requested to construct a public access to site within 50 feet of an existing apartment building. Comprehensive Guide Plan The Silverpines property is currently guided High Density Residential (HD} and Bassett property Low Density residential (LD). Both are surrounded by property to the north guided Quasi Public/ Institutional (QP), property to the east guided Limited Industrial (IND), property to the west guided Low Density residential (LD), and property to the south guided High Density residential (HD) and Special Area (SA). A request for a comprehensive guide plan amendment to change the land use of the Bassett property from Low Density residential (LD) to High Density residential (HD) is currently at the Met Council for review. The change in the land use designation would allow for the construction of multiple family units on the Bassett property. Zoning The Silverpines property is currently zoned Residential Multiple (R-4) and The Bassett property Agricultural (A). Both properties are surrounded by property to the north zoned Public Facility (PF), property to the east zoned Limited Industrial (I-1), property to the west zoned Residential Single Family (R-1), and property to the south zoned Residential Multiple (R-4) and Planned Development (PD). The property also lies within the MSP Noise Buffer Zone. Given the sensitive physical characteristics -trees, topography and proximity to a sensitive wetland and the Minnesota River flats - as well as our desire to utilize a new public street access, we request the City to consider a rezoning of the Bassett and Silverpines property to PD, Planned Development with the intent of: EcEEV~o ~~~ ~ 1 Baas ao Icy - providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. - recognizing the economic and cuIturaI advantages that will accrue to the residents of a planned community. - encowaging a more creative and efficient approach to the use of the land. - encowaging the preservation and enhancement of desirable site characteristics, natural featwes, and open space. - encouraging a development pattern that is consistent with the land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Ezisting Laad Use The Bassett property currently is used for one single family residence and includes two pazcels totaling 5.11 acres. The Silverpines property is currently vacant and 1.7 acres in size. Both are surrounded by property to the north that is vacant with significant -- --wetlands; properiyto-the east-that~i ~ffi~ce/-wareliouse;-property-to the west-that-is single - ----~~~---- family residential, and property to the south that contains apartments, condominiums, and office/ warehouse uses. The existing Residence on the Bassett property will be removed as part of the site preparation of the proposed development. All existing wells on the project property will be capped per Minnesota Rules. Land Use Conceut Plan The combined project area includes 5.11 acres of the Bassett property and 1.7Z acres of property owned by Silverpines Acquisitions. Acquisition of the Silverpines property will provide access to Silver BeII Road. A 30 foot variance to the required 50 foot front building setback is requested to allow public access to the site off Silver Bell Road because of the following factors: - Currently the only public access to the site is Wuthering Heights Road, which enters the property from the west through an existing single family neighborhood. Access to the site through this road is discouraged in order to minimize traffic impacts on the neighborhood. - Access to the project site off Silver Bell Road would be consistent with access to the existing apartments on either side of project property. - The project site could be accessed by a private driveway but by constructing the access as public right of way there will be the future opportunity to "loop" Wuthering Heights to Silver Bel] Road. The multi-family use proposed for the site provides a transition and buffer to the adjacent light industrial and is compatible with the adjacent multi-family uses. Impacts to the ,. 147 residential neighborhood to the west will be minimized by prohibiting access to the residential street and by providing a landscape buffer to the adjacent single family Home. Existing trees on site consist of softwoods of various sizes such as Cottonwoods, Box elder and Basswoods with a few evergreens scattered throughout. Significant grading and tree removal will likely occur on the property in order to meet its intended multi-family use. The project will need to conform to Eagan Ordinance No. 217 2"d Series regarding tree preservation and mitigation. The Silverpines property could provide an area for tree mitigation, if needed. Project Justification The vision for the Bassett and Silverpines property is to develop a residential environment that provides a lifesycle and lifestyle housing for the residents of Eagan. It is the intent of Sunrise Properties to provide multiple family housing, while minimizing the impact to adjacent single family residences. As a long time single family residence, the Bassett property has been recently impacted by the development of office/ warehouse and condominiums on two adjacent parcels. It is also located within the MSP Noise Ordinance Buffer Zone and the recent opening of runway 17/35 will have an ongoing "-~~~- ---- unpact on the si ef-and-surroundtng properties. The site's continue use as single family residential is not compatible with these uses. Project Schedule & Phasing It is assumed the apartments will be constructed as a single phase project. Plan approval and site construction would need to begin in 2006 in order to complete'the project by 2007. Preliminary Proiect Schedule Descriution Completion Date Rezoning & Comp. Guide Plan Amendment Parks & Rec. Commission March 2006 Planning Commission March 2006 City Council Apri12006 Met Council June 2006 City Council final adoption June 2006 -~ 19'd Preliminary Plat Parks & Rec. Commission June 2006 Planning Commission June 2006 City Council July 2006 Grading September 2006 Final Plat October 2006 Construction 2007 Please feel free to contact me with any questions or comments regarding our submission. Vile Look forward to working with your staff. Sincerely, Theresa Hegland Sunrise Properties LLC (651) 209-1721 ~~~~ /T~ d ~,r Metropolitan Council Building communities that work May 23, 2006 Pam Dudziak, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan, Basset Property Comprehensive Plan Amendment Administrative Review MAY 2 5 2006 Metropolitan Council Review No. 18274-17 Metropolitan Council District 15 Dear Ms. Dudziak: The Metropolitan Council received the City's Basset Property plan amendment on May 4, 2006. The amendment reguides about 5.1 acres from LD Low Density Residential to HD High Density Residential, located northwest of TH 13 at Wuthering Heights Road. The purpose of the amendment is to reguide land for the development of a 107-unit apartment building. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on May 11, 2005. The amendment is also consistent with Council Guidelines for Evaluating Plan Amendments Proposing Changes to Metropolitan Urban Service Area (MUSA) Timing-Staging as adopted on January 12, 2005. Therefore, further action on this review is waived and the City may place this amendment into effect. Council staff offers the following advisory comments: Aviation (Chauncey Case, 651-602-1724) The amendment site is in the general approach area to the new runway 17/35 operations at MSP International Airport. The project is about 1,200' outside the year 2007 DNL 60 noise contour. The runway will have increased operations and is also used for noise abatement purposes. The City of Eagan has adopted aone-mile noise buffer zone that extends noise control efforts beyond the 60 DNL contour. Under the Council's land use compatibility guidelines for noise, the proposed 1-esidential use could be allowed in the buffer zone if local building code ordinances will attenuate exterior to interior noise to meet an interior level of 45dba. Application of guidelines for noise control in a buffer zone is at the discretion of the affected community. The proposed project, assuming noise and energy controls, would be consistent with the Council's TPP/Aviation Policy Plan. Council staff recommends that the City require notification of owners as concerns aircraft noise and that best management procedures be followed by the contractors in caulking, and control of noise flanking through vents to the outside of the structure. Regional Parks and Trails (Freya Thamman, 651-602-1750) The amendment site is located about % mile from the Minnesota Valley State Trail, and is also located adjacent the proposed Minnesota Valley/Lebanon Hi11s Regional Trail. Council staff www.metrocouncil.org I ~~ Metro Info Line 602-1888 230 East Fifth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TTY 291-0904 An Equal Opportunity Employer May 23, 2006 Ms. Pam Dudziak Page 2 recommends that the City coordinate potential amendment impacts and trail connections with the Dakota County Parks Director. Surface Water Management (Jim Larsen, 651-602-1159) The City's update local surface water management plan was due in 2004. It is our understanding that the City is currently preparing a draft updated plan that is expected to be completed by the end of 2006 and submitted to the Council and watershed organizations upon completion. The amendment, explanatory materials and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review, contact Greg Pates, Principal Reviewer, at 651-602-1410. Sincerely, ~~ ~ /_' Phyl~ anson, Manager Local Planning Assistance cc: Jack Jackson, MultiFamily Market Analyst, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Daniel Wolter, Metropolitan Council District 15 Patrick Boylan, Sector Representative Greg Pates, Principal Reviewer Cheryl Olsen, Reviews Coordinator :<z ~' ~, i r, Z'u _. ~ 3i:2 ~~3~ :!i L: iii) il':~ ~ .. ~:_ ; i1;; le _ ~ , ~bdi'>.i?r`C 151 Agenda Information Memo July 6, 2006 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT -PARK NICOLLET ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3`d Addition in the NW '/4 of Section 32 subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: - The subject site contains a 20,000 medical facility located on Plaza Drive adjacent to I- 35E. - Building signage is located on the east and west exteriors facing Plaza Drive and includes an 260+ square feet sign located on a large wall on the roof of the building that is used to screen mechanical equipment. - The applicant is proposing to locate a 27-foot high pylon sign in an area northwest of the property adjacent to the I-35E right-of--way to increase the facility's visibility from both Cliff Road and I-35E. The proposed sign location would meet spacing requirements of 300 feet from another pylon sign. - The subject site is included in the Galaxie Cliff Planned Development and is now fully developed. Existing pylon signs are currently located on three of the five parcels within the Planned Development including the adjacent properties to the north and south of the subject site. - The proposed site currently contains mature landscaping and trees that would removed to accommodate both the location and visibility of the proposed sign. - A pylon sign request in 1997 was denied for the subject site as it appeazs a majority of the City Council believed the existing signage was adequate for the site and they did not want to see a proliferation of pylon signs along I-35E. - The Advisory Planning Commission held a public hearing on June 27, 2006 and the Commission is recommending approval of the pylon sign subject to conditions. 60 DAY AGENCY ACTION DEADLINE: July 26, 2006 ATTACHMENTS (2): June 27, 2006 APC m tes on pa es t~axg~i.,. Staff Report, pages ~hrough 152 B. Park Nicollet Clinic Applicant Name: Park Nicollet Health Services Location: 1885 Plaza Drive; Lot 1, Block 1, Galaxie Cliff Plaza Second Addition Application: Planned Development Amendment A Planned Development Amendment to allow a Pylon sign. File Number: 32-PA-07-05-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 24, 2006. He noted the background and history. Paul Carlson, Maintenance Manager, Park Nicollet, discussed the proposed pylon sign and tree replacement and said that Park Nicollet is agreeable to removing the signage on the rooftop mechanical screen wall, if the pylon sign is approved. Chair Hansen opened the public hearing. There being no public comment, he closed the public hearing and turned the discussion back to the Commission. Chair Hansen stated he was in favor of the pylon sign and removal of the building signage. Member Dugan moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3~d Addition in the NW '/a of Section 32subject to the following conditions: 1. The developer shall execute and record a Planned Development-Amendment Agreement at Dakota County within 60 days of City Council approval... 2. A sign permit shall be obtained prior to sign placement and the proposed pylon sign shall meet all City Code requirements including spacing and size limitations. Sign face area shall be limited to 125 square feet per side. 3. The pylon sign shall serve as the subject site's identification signage from I-35E and the existing building signage located on the rooftop mechanical screen wall shall be removed. 4. A landscape plan illustrating the location of landscaping to be removed and replaced, shall be submitted. A vote was taken. All voted in favor. Motion carried 7-0 15~ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 24, 2006 APPLICANT: Park Nicollet Clinic PROPERTY OWNER: Park Nicollet REQUEST: Planned Development Amendment CASE: 32-PA-07-OS-06 HEARING DATE: June 27, 2006 APPLICATION DATE: May 17, 2006 PREPARED BY: Erik Slettedahl LOCATION: Lot 1, Block 1, Galaxie Cliff Plaza 3`d Addition 1885 Plaza Drive COMPREHENSIVE PLAN: O/S Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3`d Addition in the NW '/4 of Section 32. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 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 Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 1988, the initial Planned Development was approved for this area that specified Limited Business uses. In 1990, the original Park Nicollet medical clinic was constructed as part of the Galaxie Cliff 2"d Addition. In 1997, Park Nicollet acquired additional property from the property owner to the south for an addition to the building. The City approved a Planned Development Amendment at that time that allowed the building expansion and a new plat, Galaxie Cliff 3`d Addition. However, a pylon sign request that was part of the 1997 application was denied for the subject site. It appears the sign was denied because a majority of the City Council believed the 15~{- Planning Report -Park Nicollet Pylon Sign PD Amendment June 27, 2006 Page 2 existing signage was adequate for the site and they did not want to see a proliferation of pylon signs along I-35E. In October of 1998, the City Council approved a pylon sign for the adjacent RHS office building to the south. This sign was designed to provide enough distance to establish a pylon sign on the Park Nicollet site, at a later date, that would meet city code requirements. Previously, pylon signs were approved for the Burnet Realty building next to the subject site and the child care facility within the same Planned Development. EXISTING CONDITIONS The subject site contains a 20,000 medical facility located on Plaza Drive adjacent to I-35E. Building signage is located on the east exterior facing Plaza Drive and on the west facing I-35E. The west facing signage is approximately 260+ square feet and is located on a large wall on the roof of the building that is used to screen mechanical equipment. Mature landscaping is located along the I-35E property line. The Galaxie Cliff Planned Development includes the subject site and is now fully developed. Existing pylon signs are currently located on three of the five parcels within the Planned Development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Office Building- PD O/S Office Service Burnet Realty South Office Building-RHS PD O/S Office Service East Residential-Oakpointe PD Low Density of Eagan Residential (0-4 units/acre) West I-35E EVALUATION OF REQUEST City Code Requirements Properties within the Galaxie Cliff Plaza Addition Planned Development are subject to City Code requirements. The City Code requires that pylon signs (freestanding business signs over 7 feet high) may not exceed 27 feet in height and are limited to 125 square feet of sign area per side. An on-premises pylon sign for identification purposes is allowed as a Conditional Use for a 155 Planning Report -Park Nicollet Pylon Sign PD Amendment June 27, 2006 Page 3 business sign located directly adjacent to a freeway within the City. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. Existing Signa~e The Park Nicollet facility has front building signage that faces Plaza Dr and a large building sign located on a wall used to screen mechanical equipment located above the roof line of the building. City sign permit records indicate there was discussion regarding the validity of this sign. It appears the sign may have been permitted in error because the sign is located above the roof line, which is not allowed by City Code. If a pylon sign is approved for this site, it should serve as a replacement to the exiting building signage located on the mechanical screening wall. Mature landscaping partially obscures the existing building signage when viewed from I-35E. Proposed Sign The applicant has stated that a pylon sign is desired at their facility to provide better visibility for both patient direction and marketing purposes. The applicant believes the Plaza Drive location makes it difficult for patients to find their location from Galaxie Avenue and they have no other marketing facade. The applicant indicates that the existing sign is not visible to I-35E traffic until the Cliff Road exit is passed and provides limited visibility from Cliff Road. The applicant believes a pylon sign will help direct patients off the Cliff Road exit and provide better visibility similar to the Burnet Realty sign located on the adjacent property to the north. The applicant is proposing to locate a pylon sign in northwest area of the property along the I- 35E right-of--way. There is an area of approximately 10 feet available within this location that meets the 300-foot spacing requirement between pylon signs. The proposed sign measures 27 feet high and has a sign area measuring 128 square feet per side, 3 square feet above the 125 square foot per side limit. Landscape/Tree removal In order to accomplish spacing requirements, the sign would need to be located in an area that currently contains mature landscaping and trees. This landscaping would be removed to accommodate both the location and visibility of the proposed sign. Replacement landscaping should be required near this location that would accomplish its intended purpose of screening the parking area. SUMMARY/CONCLUSION Park Nicollet is requesting approval of a pylon sign located in the northwest area of their property to assist with patient direction and marketability of their facility. The proposed sign meets City Code requirements with the exception of the sign face size requirements. In 1997, a similar application requesting a pylon sign at this location was denied. It appears the sign was denied because a majority of the City Council believed the existing signage was adequate for the site and they did not want to see a proliferation of pylon signs along I-35E. 150 Planning Report -Park Nicollet Pylon Sign PD Amendment June 27, 2006 Page 4 ACTION TO BE CONSIDERED To approve a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff 3`d Addition in the NW '/4 of Section 32. If approved the following conditions shall apply: 1. The developer shall execute and record a Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. A sign permit shall be obtained prior to sign placement and the proposed pylon sign shall meet all City Code requirements including spacing and size limitations. Sign face area shall be limited to 125 square feet per side. 3. The pylon sign shall serve as the subject site's identification signage from I-35E and the existing building signage located on the rooftop mechanical screen wall shall be removed. 4. A landscape plan illustrating the location of landscaping to be removed and replaced, shall be submitted. ~ 5'~ Eagan Boundary ^ Location Map ~ Right-of•way Parcel Area Park Area - Building Footpnnt . ~iW~ ~~~ P' V s a i ' O • ~~ ~ ~~ ~ s ~ ~ ~ ~~a ,s Ia ~ ~ E o.a•n•+ ~ ~ ®®® N ~ u~~,Q ®®®®® ® r~ ® + a i i ~' ,,,,,. ® ~ ®® br ., a • .,.,..R•* • ewq•Rt f + O ~®®® ® ~ 777 ~ ~ ~ i^ ~ od ~ a • 0 ~ ... e r ^ . • ®® + ~ .~... w na r~,. r . ~Q ': E' p ro i o~~ 4 Y ® • s • 1 r s • r ° ~ ~ p °' 0 4 ~ • •'~ : Li ~~'p ~ " a~ ~ 0 '~ ®' K Sub ect Site ' /r Y® ~• ^ r as es e ® ~ A a L I~ ~ ~ ~ • w 1 ~ !+i , s >. ~ ~ j v w • ~ ~ ` ~ s ,y a ~ 0 i s .,~ ~ ° . ~ s a g ~, a ~ • ~ ® bSP ® ` ~ I m n. s ~ e ' ~~ " a i { ® ~, • 1 a 0 w ~ ° ~a a °- t ~ e ~ ~ ~„te ® q 1 . ~ i ' ~ ' , - ~ a ° , a ^ L r ~ D f '~ ~ ~ m cb r 4PC" ~4 ' + 3 s d a d B 8 ~ .,.w ® F 3 ^ rta A~ ~{" 1^e 1 999 °^ 1 dry ~ ~°4 ® + ~ P ..+^ < d ,R F b® ~~ ^ ~ a • w o s'r ^ ` ~t ~ ~ ' e *. ~ m ~ ~ t~ ~ ~°"` e~ •~ f 0 , f J 9 ~ 's w '.d'® R ~ pe 0 ~ R~~ Q O 1000 0 1 000 200D Feet Development/Developer. Park Nicollet Application: PD Amendment Case No.: 32-PA-07-OS-06 Cit f E Map Prepared using ERSI ArcView 3.7. Parcel base map data provided 1 ~~ by Dakota County Office of GIS and is current as of April 2005. 1 N W E y o ~~~Il THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D~v~lepm~nt D~p.rtm~nt not responsible for errors or omissions. any aixe~e~ c 0 >, a m C ~X W ~ ~i ;~ ~ U ~, v/ 'p . ' ,/,' `' U %~^:. ,' ./ j ~ ~`~~ ,' %~ ,~ ; ~' ~~ /~ ` ~ ~ ~ \\ % l w .. /\ / ~ \ ~~. ~ , ~ ~~ ` ~ `. a ~ .r ~ ~ c ~ ~ `~ ~ ~' Z ~ ~ ` : ~~~ : Y .~ :: . ~ . ~ ~\~ ~ ~ i . ~ G~ `J `` \, ~ _ N O ~ / ~\ \ . ',~ J p~~ ~ ~ \, a ~ ,. 0 .. .. 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St. Louis Park, !`9N 554]6 952-993-3123 rel ~~~~~~tv.pa r k n ico I ler.co m We are writing to request an amendment to our plan development zoning regarding a tall pylon sign that we would like to install on the Interstate 35E frontage road. We have outlined below the reason for the additional sign to compete in today's business climate. The large wall sign seemed adequate at the time the clinic was built, but we now realize its shortcomings. When surveyed, our patients indicated how difficult it was to find the clinic or commented that they never realized a clinic was located at Cliff Road and 35E. In the past few years, hospitals and clinics have stepped up their marketing efforts because of increased competition. More and more, we are turning into astore-front retail marketing business and rely heavily on signs, advertising, marketing literature, and billboards to grow our client base. An easy way to help illustrate our point is to compare the signage of our clinic to the Burnet Realty signage next door, so we will use that as a reference throughout this discussion. Northbound 35E - As you travel northbound on the Interstate, a grove of trees blocks the view of our clinic. As you pass the trees, you are beyond the Cliff Road exit. Additionally, the only way you can see the existing wall sign is to look up and to the right. Most drivers never notice the sign from this direction. The Burnet Realty pylon, positioned perpendicular to the Interstate, is very visible to northbound traffic. We believe a tall pylon sign will help direct patients off the exit. Southbound 35E -From this direction, the Burnet Realty wall sign (about 30 feet above the ground) and the Burnet Realty pylon sign are visible peeking above the Cliff Road overpass. As you pass under the bridge, you again are due west of the clinic and never notice the wall sign. Again, a tall pylon sign will do a better job of catching the traveler's attention. Eastbound Cliff Road -This is the only direction the wall sign is truly visible to traffic. RECEIVED MAY ~ 7 200Q APPLICANT'S NARRATIVE ~~ Award-winninb Cn Park Nicollet Health Services Park Nicollet Clinic Park Nicollet Foundation Park Nicollet Institute Methodist osprtal lL./ City Council - City of Eagan Page 2 May 17, 2006 Westbound Cliff Road - No visibility to westbound traffic. The Burnet Realty pylon sign is visible as you near the overpass. A pylon sign for our clinic would also be visible to people traveling west on Cliff Road. Difficult Location on Plaza Drive -Because of the difficulty directing patients onto Plaza Drive, we believe the pylon will "mark" the location in the patient's mind and help them find the clinic. No Other Marketable Facade -Since there is virtually no traffic through Plaza Drive, except for the patients who already know where the clinic is located, the I-35E facade is the only publicly visible side of the site informing thousands of travelers everyday of our presence. In addition, we do not have a major sign presence on Plaza Drive which I am sure your ordinance allows. Therefore, we must put that signage exposure on the pylon sign on the highway side. I hope you understand our situation and will work with us to correct this major problem for us and our patients. If you have any questions, please feel free to call me at 952-993-3029. Sincerely, ~~_ ~ii Paul G. Carlson, CFM Maintenance Manager Real Estate and Support Services RECEII/~7 ~`a~~ ~- ~ zoos I~f AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 6, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Consider Approval of Advance Payment of Relocation Benefits to Southeast Entertainment Enterprises, Inc. (Grand Slam) 2. CEDAR GROVE REDEVELOPMENT DISTRICT -Schedule Public Hearing to Consider the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3$20 Sibley Memorial Highway F. OTHER BUSINESS -The EDA will be asked to hold an executive session to discuss general aspects of relocation benefits and terms for tenants of the Cedarvale Mall. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. 1/6 Agenda Information Memo Eagan Economic Development Authority Meeting July 6, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 16, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the May 16, 2006 EDA meeting on pages' l(olo MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 16, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 16, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the May 2, 2006 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS SOUTHEAST EAGAN RENOVATION AND RENEWAL DISTRICT RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO.1 AND ESTABLISHING SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO.1 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN Community Development Director Hohenstein introduced Rebecca Kurtz ,Ehlers and Associates, who discussed the Southeast Eagan Redevelopment Project Area No. 1 and the establishment of the Southeast Eagan Tax Increment Financing Plan. Commissioner Cazlson moved, Commissioner Tilley seconded a motion to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and Adopting a Tax increment Financing Plan for the District. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT RESOLUTION FOR THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL, AMENDMENT TO TIF DEVELOPMENT AGREEMENT Community Development Director Hohenstein discussed the request by the developer for the use of eminent domain to acquire the Cedarvale Mall, and an amendment to the TIF /(~7 Development Agreement modifying the timeline by which applications for the development of the first phase of the redevelopment project will be submitted. Commissioner Carlson moved, Commissioner Fields seconded a motion to approve Findings of Fact, Conclusions and Resolution to authorize the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties to further the redevelopment of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Commissioner Carlson moved, Commissioner Maguire seconded a motion to approve an amendment to the TIF Development Agreement between the City of Eagan and Cedar Grove Development Corporation to amend the timeline by which applications for the development of the first phase of the redevelopment project will be submitted. Aye: 5 Nay: 0 Commissioner Carlson moved, Commissioner Maguire seconded a motion to approve the Condemnation Acquisition Agreement between the City of Eagan and Cedar Grove Properties LLC. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT AND RELATED DOCUMENTS FOR ACQUISITION OF THE NIKOLAY AND NATALIA BRUTSKY PROPERTY AT 3992 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the purchase agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway. Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve a Purchase Agreement and related documents for acquisition of the Nikolay and Natalia Brutsky Property (Minsk Market) at 3992 Sibley Memorial Highway. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT POTENTIAL ACQUISITION OF THE BASIL DYAB PROPERTY AT 3830 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the potential acquisition of property at 3830 Sibley Memorial Highway. Commissioner Maguire moved, Commissioner Fields seconded a motion to authorize staff to enter into negotiations for the potential acquisition of the Basil Dyab (Cedarvale Shell Station) property at 3830 Sibley Memorial Highway. Aye: 5 Nay: 0 iroa CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein discussed an option agreement for relocation sites for Cedarvale Mall tenants. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve an Option Agreement for Relocation Sites for Cedarvale Mall tenants. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. It was noted that the EDA would hold an executive session to discuss negotiations for the possible acquisition of the All American Recreation property at 3820 Sibley Memorial Highway. The meeting was adjourned following the executive session. Date Thomas Hedges, Executive Director I~ Agenda Memo Eagan City Council Meeting July 6, 2006 1. CONSIDER APPROVAL OF ADVANCE PAYMENT OF RELOCATION BENEFITS TN THE AMOUNT OF $111,000.00 TO SOUTHEAST ENTERTAINMENT ENTERPRISES, INC. (GRAND SLA1V~. ACTION TO BE CONSIDERED To approve an advanced payment of relocation benefits in the amount of $111,000.00 to Southeast Entertainment Enterprises, Inc. (Grand Slam). FACTS - Once the City has secured approval from the District Court for the acquisition of the Cedarvale Mall through eminent domain, the City is responsible for providing relocation assistance to displaced tenants under the Federal Relocation Act. - The City has been working with Southeast Entertainment Enterprises, Inc. (Grand Slam) to review the items that are eligible for relocation assistance. City Staff has also engaged a fixture appraisal to review an appraisal report prepared by ('hand Slam. - In the interim, an advance on the amount of anticipated relocation benefits would be appropriate. - The payment of an advance is consistent with the Federal Relocation Policy, which encourages condemning authorities to make advanced payments to allow displaced tenants to construct improvements to their replacement facility. - The relocation consultant has recommended an advanced payment of $111,000.00 to Grand Slam. This amount represents the maximum $10,000.00 business re-establishment payment; the maximum $1,000.00 searching expense; an advance of $100,000.00 for anticipated moving expenses. ATTACHMENTS: - None. 17d CITY OF EAGAN RESOLUTION TO SCHEDULE PUBLIC HEARING ON AUGUST 3, 2006 TO CONSIDER AUTHORIZATION OF EMINENT DOMAIN TO ACQUIRE THE ALL AMERICAN RECREATION PROPERTY FOR REDEVELOPMENT PURPOSES BE IT RESOLVED by the Eagan City Council to schedule a Public Hearing on August 3, 2006 to consider authorization of an eminent domain action to acquire the All American Recreation property at 3820 Sibley Memorial Highway for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 6th day of July, 2006. Maria Petersen, City Clerk 171 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING ON AUGUST 3, 2006 TO CONSIDER AUTHORIZATION OF EMINENT DOMAIN TO ACQUIRE THE ALL AMERICAN RECREATION PROPERTY FOR REDEVELOPMENT PURPOSES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to schedule a Public Hearing on August 3, 2006 to consider authorization of an eminent domain action to acquire the All American Recreation property at 3820 Sibley Memorial Highway for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 6th day of July, 2006. Jon Hohenstein, Secretary/Deputy Executive Director 171- Agenda Memo Eagan City Council Meeting July 6, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT -SCHEDULE PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN TO ACQUIRE ALL AMERICAN RECREATION PROPERTY ACTION TO BE CONSIDERED To schedule a public hearing on August 3, 2006 to consider the use of eminent domain for the acquisition of the All American Recreation property at 3820 Sibley Memorial Highway and direct staff to notify the property owner and the tenant of the meeting. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • As the process leading up to the redevelopment of the area has been going on, the City has considered the acquisition of properties, in which there is a willing seller. • With respect to the All American Recreation property, staff has discussed the possible acquisition of the property with its owner, Jerry Schutz, doing business as JR Mega Inc. • In keeping with its past practice, the City asked Mr. Schutz if he would be interested in preparing an appraisal of the value of the property on which to base negotiations for purchase. In lieu of doing so, in February, Mr. Schutz sent correspondence asking the City to make an offer for his property. • The City had an appraisal prepared and, on its basis, an offer of $1.25 million was made to Mr. Schutz for the property. Mr. Schutz has responded that he believes that the offer is insufficient, but he has not made a counteroffer or submitted appraisal information that would provide the basis for further negotiation. • As a consequence, staff and the City Attorney are requesting that the EDA consider the scheduling of a public hearing to determine whether to proceed with eminent domain to bring about the acquisition of the property. To penmit time for proper written and published notice, the next available date for the hearing would be on August 3, 2006. ATTACHMENTS: - Resolutions on pages through 173 Agenda Information Memo Eagan Economic Development Authority Meeting July 6, 2006 F. OTHER BUSINESS The EDA will be asked to hold an executive session to discuss general aspects of relocation benefits and terms for tenants of the Cedarvale Mall. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. /'1~{