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07/31/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 31, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA 'P. 'L A. APPROVE MINUTES P B. PERSONNEL ITEMS 1~ C. APPROVE CHECK REGISTERS ' D. APPROVE amendment to the 2006 Equipment Revolving Fund Budget P• E. APPROVE Tobacco License for Elias Saman, 1424 Yankee Doodle Road P- F. APPROVE MnDOT Traffic Signal Agreement for Project 778, TH 149 upgrade G. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 06-09 (Nicols Road & Z~ Blackhawk Hills Road - Sidewalk Improvements) H. RECEIVE Petition and Schedule Public Hearing (September 5, 2006) to Consider Vacation of Public Easements P • ` (Highview Park Addition) P•'G? I. AUTHORIZE preparation of City Code Amendment for parks dedication requirements to conform with recent legislation Z(~ J. APPROVE off-sale liquor license for Melina P. To, dba MT Liquory, 1629 Lena Court # 105 P• K. APPROVE sale of remnant City property (PIN 10-03600-020-82) to Revestors, Inc. P V. PUBLIC HEARINGS V1. OLD BUSINESS P, 25 A. PRELIMINARY SUBDIVISION - Eagan Hills Alliance Church - A Preliminary Subdivision of 10.26 acres to create 2 lots located at 760 and 700 Diffley Road on Lot 1, Block 1, Praise Lutheran Church 2nd Addition and Lot 1, Block 1, Sunset Twelfth Addition located in the NW 1/4 of Section 25. VII. NEW BUSINESS PM -0 A. PRELIMINARY SUBDIVISION AND FINAL SUBDIVISION - Lexington Ridge 2 Addition - Millerville - A Preliminary Subdivision to increase the size of Lot 16, Block 1, Lexington Ridge Addition and a Final Subdivision of 4.35 acres located at 1149 Lexington Ridge Court on Lot 16. Block 1, Lexington Ridge Addition in the NE 1/4 of Section 27. A:9 B. CONDITIONAL USE PERMIT -Oak Trust Credit Union - A Conditional Use Permit to allow a pylon sign located at 1642 Diffley Road on Lot 7, Block 1, Diffley Plaza in the NW '/4 of Section 28. ID C. PLANNED DEVELOPMENT AMENDMENT - Blue Cross Blue Shield - United Properties- A Planned Development Amendment to allow three (3) pylon directional signs and a uniform sign package for Blue Cross Blue Shield Minnesota Campus in and around the Highway 13 and Yankee Doodle area located at 3535 Blue Cross Road on Lot 1, Block 1, Blue Cross Addition and Outlot A, River Park Office Center in the NE 1/4 of Section 17 and the SE '/4 of Q~ Section 8. P, Eb D. CONDITIONAL USE PERMIT - Tiziani Golf Car Corp. - A Conditional Use Permit to allow outdoor storage of golf cars located at 3245 Terminal Drive on Lot 1, Block 1, Bachmans Eagan Addition in the SE 114 of Section 8. E. PLANNED DEVELOPMENT AMENDMENT - Wings Addition - Fendler Patterson- A Planned Development Amendment to allow a multi tenant retail center, a Class 11 restaurant less or equal to 4500 sq. ft, drive thru and 3.2 + / / beer and wine sale located on Lot 2, Block 1, Wings Addition in the NW '/4 of Section 10. P rL q F. CONDITIONAL USE PERMIT AND VARIANCE - Outdoor Specialties, LLC - A Conditional Use Permit to allow outdoor storage of landscaping items and a Variance for building setbacks and parking setbacks located on Lot 2, Plainview, south of the intersection of Lexington Avenue and Highway 55 in the NW '/4 of Section 2. lot I~ G. RECEIVE PETITION for extension of sanitary sewer and water, Project 941 (Lexington Avenue, Kenneth Street to TH 55 - Utility Improvements. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT 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. A City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 28, 2006 SUBJECT: AGENDA INFORMATION FOR JULY 31, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 31, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 31, 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 July 18, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 18, 2006 regular City Council meeting are enclosed on pages 3 through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 18, 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. Residents of London Lane discussed their concerns over the condition of the street overlay and resulting problems. Street Superintendent Tom Struve and Public Works Director Colbert provided an update on measures being taken to correct the problem. Council directed that options and a timeline be provided at the next Council meeting. A regular meeting of the Eagan City Council was held on July 18, 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 Planner Mike Ridley, City Engineer Russ Matthys, Traffic Engineer Tim Plath, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA Item D regarding National Night Out to be hied on August 1 was pulled from the consent agenda for discussion. Item S regarding meeting schedule changes was added. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 20, 2006 regular City Council meeting and the June 13, 2006 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jason Ziemer as an Administrative Intern. C. Check Re isters. It was recommended to ratify the check registers dated July 6, 2006 and July 13, 2006 as presented. D. Proclamation. It was recommended to adopt a proclamation recognizing August 1, 2006 as "National Night Out" in Eagan. E. Grant. It was recommended to approve a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2007 F. Surplus Property. It was recommended to award the sale of three surplus thermal imaging cameras to the City of Frazee for $150. G. Revolving Internal Loan. It was recommended to approve a resolution outlining the terms of a revolving internal loan in connection with the Southeast Eagan Tax Increment Financing District Number 1. H. Stanton Group Proposal. It was recommended to approve a proposal from the Stanton Group to provide actuarial services to value post employment benefits. 1. NOC Appointment. It was recommended to appoint Jason Ziemer, Administrative Intern as an alternate to the Minneapolis - St. Paul Airport Noise Oversight Committee (NOC). J. Traffic Signal Agreement. It was recommended to approve a Traffic Control Signal Agreement for Cliff Road at Trunk Highway 77 (Cedar Avenue) and Interstate 35E with the Minnesota Department of Transportation Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. 3 Eagan City Council Meeting Minutes DRAFT July 18, 2006 Page 2 K. No Parking Designation. It was recommended to approve a resolution to prohibit parking on both sides of Highway 149 (Wescott Road to Highway 55), and Holiday Lane (Highway 55 to Courthouse Lane) and authorize the Mayor and City Clerk to execute all related documents. L. Project 778. It was recommended to approve the Wetland Replacement Plan for Parcel No. 10-87000-020- 00 associated with Project 778 (Trunk Highway 149 - Street Upgrade) and authorize the Water Resources Coordinator to execute all related documents. M. Project 04-G. It was recommended to acknowledge the completion of improvements for City Project No. 04-G (Schwanz Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. N. Liquor License. It was recommended to approve the off-sale liquor license for K-Liquor, Inc., dba K- Liquor, 1274 Lone Oak Road. 0. Liquor License. It was recommended to approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. P. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Catrocho's Tree Service, 37412 nd Avenue S., Minneapolis. Q. Contract 06-02. It was recommended to approve Change Order No. 3 to Contract 06-02 (Citywide - Street and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. R. Easement Agreement. It was recommended to approve an Easement Agreement for access to Cliff Lake (Pond AP-11) with the owners of Parcel 10-17780-020-01 and authorize the Mayor and City Clerk to execute all related documents. S. Meeting Date Changes. It was recommended to change dates for two regular City Council meetings: Meeting scheduled for August 2 changed to July 31 and meeting scheduled for September 26 changed to September 25. PUBLIC HEARINGS PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS (PIN OAK DRIVE TO CLIFF ROAD) City Administrator Hedges introduced this item regarding proposed sidewalk improvements on Nicols Road between Pin Oak Drive an Cliff Road. It was noted that this item was continued from the June 6, 2006 Council meeting to allow time for an option to be included for construction of the sidewalk along the east side of Nicols Road. Traffic Engineer Plath gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve Project 938 (Nicols Road, Pin Oak Drive to Cliff Road - Sidewalk Improvements) with Alternate B, which provides for the construction of a 6- foot wide concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road; and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK STORM SEWER IMPROVEMENT City Administrator Hedges introduced this item regarding storm sewer improvement in the Sibley Terminal Industrial Park. City Engineer Matthys gave a staff report. Mayor Geagan opened the public hearing. Todd Johnson, Global Equity Partners, discussed runoff that effects his property. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvement) with alternative #4, bulkhead 30" culvert, improve ditch, and construct 4 Eagan City Council Meeting Minutes ~G.JR July 18, 2006 q F Page 3 pond; authorize the acquisition of the pond easement for the appraisal estimate; and authorize the preparation of detailed plans and specifications for a contract to be let within two years. Aye: 5 Nay: 0 PROJECT 929, RED PINE LANE / GUN CLUB ROAD STREET & UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding street and utility improvements on Red Pine Lane / Gun Club Road. Traffic Engineer Plath gave a staff report. Mayor Geagan opened the public hearing. Two residents of Red Pine Court suggested traffic speed reduction measures, improved signage at the crosswalk, and a sidewalk be installed. Mark Piper, 4895 Biscayne Avenue, discussed the proposed assessment to his property, stating he does not feel he should be assessed for the improvements as he paid assessments for the Biscayne Avenue improvements and his building is already connected to sewer and water. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Project 929 (Red Pine Lane / Gun Club Road - Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 GUN CLUB ROAD - RIGHT-OF-WAY VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of public right-of-way. He noted that it was recommended that consideration of this item be continued to be concurrent with the final plat approval of Red Pine Crossing. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to close the public hearing and continue consideration of the vacation of a portion of public right-of-way (Gun Club Road) to be concurrent with the Final Plat approval of Red Pine Crossing. Aye: 5 Nay: 0 VARIANCES - EAGAN AUTO MALL City Administrator Hedges introduced this item regarding a request for a variance to allow a detached trash enclosure and a variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached trash enclosure in the CSC district for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW '/4 of Section 15, subject to the following condition: Aye: 5 Nay: 0 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. Eagan City Council Meeting Minutes July 18, 2006 /q F Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 27 feet to the 50 foot front yard setback, for a detached trash enclosure for the Eagan Auto Mall located at 1379 Town Centre Drive in the NW '/o of Section 15, subject to the following conditions: Aye: 5 Nay: 0 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. The setback variance only applies to the detached trash enclosure in the location shown on the Site Plan received June 19, 2006. OLD BUSINESS There was no old business. NEW BUSINESS PRELIMINARY SUBDIVISION - EAGAN HILLS ALLIANCE CHURCH City Administrator Hedges introduced this item regarding a proposed preliminary subdivision to create two lots upon 10.2 acres located at 670 and 700 Diffley Road. City Planner Ridley gave a staff report. Tom Gothman, Business Manager of Eagan Hills Alliance Church, was present to answer questions. Scott Bailey, 4246 Augusta Court, expressed concern regarding the proposed expansion of the church in regard to drainage, lack of fencing or screening after the expansion of the parking lot, exterior lights that shine on his property, junk and vehicle storage, and noise coming from activities in the parking lot. It was the consensus of Council to continue consideration of this item to allow time for the church representatives to work with Mr. Bailey regarding his concerns. Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW of Section 25, to the July 31 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed legislation that addresses the cities' representation on the Metropolitan Airport Commission. Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the Airport Relations Commission to enter into discussion with the City's Legislative delegation and the other communities within the 65 dB DNL contour regarding legislation that addresses the cities' representation on the Metropolitan Airport Commission. Aye: 5 Nay: 0 City Administrator Hedges noted that the City of Eagan was named by CNN Money Magazine as the 12th best place to live in the country. Mayor Geagan recessed the regular City Council meeting to immediately convene a meeting of the Economic Development Authority at 8:20 p.m. The regular City Council meeting was reconvened at 8:30 p.m. ADMINISTRATIVE AGENDA Motion was made by Carlson, seconded by Fields to schedule a special City Council meeting on August 15, 2006 at 3:45 p.m. to interview Police Chief candidates. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 18, 2006 Page 5 T VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Carlson seconded a motion to adjourn the meeting at 8:35 p.m. 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 31, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officer-- ACTION TO BE CONSIDERED: To approve the transfer of Christopher Meade from Dispatcher to Police Officer. Item 2. Resignation/Part-time Clerical Tech III-Police- ACTION TO BE CONSIDERED: To accept the letter of resignation from Kathleen Moilanen, part-time Clerical Tech III in the Police Department. Agenda Information Memo July 31, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 20, 2006 and July 27, 2006 as presented. ATTACHMENTS: • Check registers dated July 20, 2006 and July 27, 2006 are enclosed without page number. q Agenda Information Memo July 31, 2006 Eagan City Council Meeting D. APPROVE AMENDMENT TO THE 2006 EQUIPMENT REVOLVING FUND BUDGET ACTION TO BE CONSIDERED: To approve amendment to the 2006 Equipment Revolving Fund Budget. FACTS: • On November 1, 2005 the City Council approved the 2006 - 2010 CIP Part II Vehicles and Equipment. That approval included $787,300 of capital to be financed by the Equipment Revolving Fund in accordance with City policy. The 2006 allocation was determined to be $932,921 meaning a balance of $145,621 was being carried forward from that allocation as the useful life of existing equipment is maximized. • Due primarily to the equipment becoming overburdened, the City has recently been experiencing an unacceptable rate of failures on the firewall equipment related to network transmissions. This particular piece of equipment is designed to prevent unauthorized access through the City's computer network. • Staff originally anticipated programming this replacement into the 2007- 2011 Part II CIP; however, the rate of failure and the critical nature of the network suggest that an earlier replacement would be appropriate. The replacement cost is estimated to be $21,000. • The purchase would best be made in 2006 and funds are available from the 2006 allocation to make this amendment. This mid-year adjustment will also be taken into consideration as the 2007 - 2011 Part II CIP is prepared for official City Council action. • Two earlier amendments to the 2006 Equipment Revolving Fund Budget totaling $39,000 have been approved by the City Council. ATTACHMENTS: (None) 1D Agenda Memo City Council Meeting July 31, 2006 CONSENT AGENDA: E. Tobacco License for Elias Saman, 1424 Yankee Doodle Road ACTION TO BE CONSIDERED: Approve Tobacco License for Elias Saman, 1424 Yankee Doodle Road (Eagan BP, Inc.) FACTS: • Elias Saman has applied for a tobacco license to sell tobacco products at 1424 Yankee Doodle Road. • All requirements of the application have been met • Staff deems the application in order for approval ATTACHMENTS: None (The application is available for review in the Administration Department) Agenda Information Memo July 31, 2006 Eagan City Council Meeting F. PROJECT 778, TH 149 UPGRADE TRAFFIC SIGNAL AGREEMENT ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. 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 Road. • 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. • New and/or revised traffic control signals incorporated with this agreement include the following intersections with TH 149: Wescott Road/Argenta Trail (new), Opperman Drive, Yankee Doodle Road, & TH 55/Holiday Lane. The agreement also includes temporary traffic signals at the TH 149 intersections of Yankee Doodle Road and TH 55/Holiday Lane during various construction phases. • The City of Eagan and MnDOT have maintenance, operation and cost agreements for all of the traffic signals in Eagan within or interconnected to traffic signals in MnDOT right-of-way. The City and Dakota County Transportation Department have an existing agreement for the intersection of TH 149 and Yankee Doodle Road that will remain in effect. • Traffic signals included with the TH 149 upgrade will include the following items: traffic control signals, poles/mast arms, street lights, emergency vehicle pre-emption, street signing, and interconnection to other existing traffic control. The City typically shares in the energy costs for all traffic signals and associated lighting. • An agreement between the City of Eagan, City of Inver Grove Heights and MnDOT for the new and updated traffic signals associated with Project 778 has been prepared providing for the design, installation, maintenance, operation and energy costs for the traffic signals and associated improvements at the aforementioned locations. • City staff have reviewed this agreement and found it to be similar to other traffic control signal agreements and policies and in order for favorable Council action. '1- Agenda Information Memo July 31, 2006 Eagan City Council Meeting G CONTRACT 06-09, NICOLS ROAD AND BLACKHAWK HILLS ROAD SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Plans & Specifications for Contract 06-09 (Nicols Road & Blackhawk Hills Road - Sidewalk Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 31, 2006. FACTS: • Contract 06-09 provides for the construction of a concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road. On July 18, 2006, the Council approved Project 938 (Nicols Rd - sidewalk) and authorized the preparation of detailed plans and specifications. • Contract 06-09 also includes an alternate for the construction of a concrete sidewalk along the north side of Blackhawk Hills Road, from Blackhawk Lake Drive to a point approximately 500 feet west which connects the existing concrete sidewalk to Blackhawk Lake Drive. Construction of this segment of sidewalk will provide a continuous, off-street sidewalk through the traffic calming "choker" (street narrowing) area that was constructed in 1999. • The construction of The Blackhawk Hills sidewalk has been programmed for 2006 in the City's 5-Year Capital Improvement Program and is included in Contract 06-09 because it is similar in scope to Project 938 and hopefully will benefit from an increased economy of scale. • Blackhawk Hills Road is designated as a minor collector roadway in the City's transportation system. The sidewalk will be constructed entirely within public right of way with no additional easements needed from adjacent property owners. In accordance with the City's Special Assessment Policy, there are no special assessments associated with this improvement. Subsequently, no public hearings are required. • Letters were sent July 27, 2006 notifying adjacent property owners of the proposed sidewalk construction along this segment of Blackhawk Hills Road. Any objections received will be forwarded to the Council for consideration of including this alternate in the contract award scheduled for the Sept. 5 Council meeting. • The plans and specifications have been completed for both segments and are being presented to the City Council for their approval and authorization to solicit competitive bids. ATTACHMENTS- Location C~ • Location maps, pages 14 and 15. r < x w 3 •t fi'r' .h .I` - 3 c- » x o L ~ v r K ~ fy Y = i af!' K ,r ='arses' ~ „ r~ ~ . 11 U t+:~}S~ r,B ti, ~ _ M 'xwc ~Cr ti t SI~.:. a I :a 6r n ~ ~ L h II' r, a s, ~j' ar r ! c. ~w f r 1'* f },?fR 'aft ~'ik y 1 r J 1 Agenda Information Memo July 31, 2006 Eagan City Council Meeting H. LOTS 2-3, BLOCK 1 HIGHVIEW PARK ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Lots 2 & 3, Block 1 Highview Park Addition and schedule a public hearing to be held on September 5, 2006. FACTS: • On July 21, 2006, City staff received a petition from Gloria Fritz, property owner of Lots 2 & 3, Block 1 Highview Park Addition, requesting the vacation of public drainage & utility easements within those lots, south of Highview Avenue and west of the intersection of Pilot Knob Road and Highview Avenue. • 10' wide easements were dedicated as part of the Highview Park Addition plat as the typical side lot easements for drainage and utility purposes, and to cover utility service across Lot 2 to the existing house on Lot 3. • The purpose of the request is to allow Ms. Fritz to subdivide the properties into four single-family lots as part of the Heritage of Highview Addition development, which received preliminary subdivision approval from the City Council June 20, 2006. • Typical 10' wide side lot easements for drainage and utility purposes will be dedicated as part of the new plat. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page. MENDOTA HEIGHTS INTERSTATE //494 Proposed Easement Vacation 0 . o m O Z Y ~o F- O J LONE OAK ROAD d Z Q J <U a M ~y o W r z h~ w YANKEE DOODLE ROAD YANKEE C t- " e~QKH wK SILVER BELL RD. l4oF l1J Q Q ~ m g6'~ 5 NORMAN rw~c (~cps~ PEE O a~~p0 DR avrs Z OED X W J DiFFLEY ROAD DIFFLEY ROAD Lots 2 & 3, Blk 1, Highview Park Addition City of Eap Proposed Easement Vacation 7/27/06 Engineering Department Location Map EXHIBIT DRAINAGE AND UTILITY EASEMENT VACATION r I//v 11 11C-111 A I /r-A/I I C- f7Ikl7 /L- V /9vGIVVC- N89'51'04"E 245.06 ,160.Qfi X85.00 ~I' 10'_1 _ORAINAGE AND U11U,• ,a~• I'tQ' EASEMENT PER PEAT JJJ , J lJ` TSB • 'a.~ r' 1 ~ q '=a is I I. 00 DO O a A 7- -7 oDkAINAGt,AND UTIU;7' ems- _r T o 'EASEMENT PER PLAT 1fi O.O6 ' 85.00 S89'51'04"W 245.06 The drainage and utility easements dedicated in the plat of HIGHVIEW PARK ADDITION, on Lots 2 and 3, Block 1, of said addition, according to the recorded plat thereof, Dakota County, Minnesota. Iv DENOTES DRAINAGE AND UTILITY EASEMENTS TO BE VACATED W E S 0 30 60 90 RECEIVED JUL 19 2006 SCALE IN FEET Anderson Engineering of Minnesota, LLC C I V I L E N G I N E E R I N G A N D L A N D S U R V E Y I N G 10924VACATEDU 13605 15T AVENUE NORTH, SUITE 100, PLYMOUTH, MN 55441 TEL (763) 383-1084 FAX (763) 383-1089 Agenda Information Memo Eagan City Council Meeting July 31, 2006 CONSENT AGENDA 1. AUTHORIZE PREPARATION OF CITY CODE AMENDMENT FOR PARKS DEDICATION RE UIREMENTS TO CONFORM WITH RECENT LEGISLATION ACTION TO BE CONSIDERED: To authorize preparation of a City Code Amendment for Parks Dedication requirements to conform with recent legislation. FACTS: ➢ The City of Eagan has a long standing commitment to the preservation and improvement of property for parks purposes as part of its development subdivision process. The standards for parks dedication - either land or cash dedication - are defined in the City's subdivision code. ➢ Legislation was adopted in the 2006 Legislative session that clarifies details of how park dedication is to be administered. The law takes effect on August 1, 2006. ➢ City staff and the City Attorney have prepared a review of the requirements of the new legislation and the City Attorney is in the process of analyzing the necessary changes that will need to be considered in the City Code to conform to the new law. Some of the changes will be editorial in nature, but those that raise policy questions will be identified for further discussion by the Advisory Parks and Recreation Commission and the Advisory Planning Commission. As a part of the subdivision code, an amendment will require a public hearing before the APC. ➢ At this time, staff is requesting authorization to work with the City Attorney's office to prepare a draft amendment of the City Code to address the requirements of the new law and to schedule a consideration of the amendment by the appropriate bodies. ATTACHMENTS: None. Agenda Information Memo July 31, 2006, Eagan City Council Meeting J. APPROVE OFF-SALE LIQUOR LICENSE FOR MELINA P. TO, DBA MT LIQUORY, 1629 LENA COURT #105 ACTION TO BE CONSIDERED: To approve an off-sale liquor license for Melina P. To, dba MT Liquory, 1629 Lena Court #105. FACTS: ➢ Melina P. To has applied for an off-sale liquor license with the City of Eagan. The business will be structured as a sole proprietorship. ➢ Melina To previously applied for an off-sale liquor license which was approved by the Eagan City Council on September 6, 2005. Ms. To was planning to purchase Comer's Liquors at 3090 Courthouse Lane, Suite #200; however, she was unable to secure the lease and the license approval lapsed. ➢ The applicant has submitted all required documents, which apply to the new location. They have been reviewed and deemed in order by City staff. ➢ The Police Department has conducted an investigation on the owner and does not find any reason to deny the applicant the off-sale liquor license. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (0): OD Agenda Memo July 31, 2006 Eagan City Council Meeting K. APPROVE SALE OF REMNANT CITY PROPERTY - PARCEL 10-03600- 020-82 - TO REVESTORS, INC. ACTION TO BE CONSIDERED: Approve the sale of a remnant City property (west portion of Parcel 10-03600-020-82) to Revestors, Inc., and authorize the Mayor and Clerk to execute all necessary documents. FACTS • In conjunction with right-of-way acquisition for the construction of Red Pine Lane in 1995, the City acquired fee title to the parcel (PIN #10-03600-020-82) that was severed by the Red Pine Lane right-of-way from the remainder of the property to the north. • The western portion of this severed parcel is approximately 0.14 acres and its development is not feasible without consolidation with the adjacent proposed development, Red Pine Crossing. • On April 4, 2006, Revestors, Inc. received preliminary subdivision and planned development approval for Red Pine Crossing. The approved layout included the anticipated inclusion of this remnant parcel. • The City has subsequently negotiated an acceptable sale price consistent with the Council's directive during a closed session discussion on July 6. • It has been determined to be in the best interests of both the City and the developement to authorize the sale of the property to Revestors, Inc. ATTACHMENTS • Survey sketch of Property, page. • Layout sketch of parcel to development, page. • Purchase Agreement, pages through I. 2J ~ 9 o GO J✓ ~ PN r~~ § I of d ~ 'l No: 1 I O a`° a i J ` 11 ~ I ✓wOr ~ ✓ 1 1 a ~ ~ ' I ~ ~ NW yi d r p i C if CJ' _ d o~ a9 ~ o Y p ` V a 3 a9 CI6 ak aS 1 0~ o ro. o ~a°'d ID So ~4i 1 ~ ^ a soon pa>lon t , 1 ~ d' ~ bS Jr ~Y 6919 Od 3,1-f, -0 ISM tJ Y / \J 11 Y ,J /1-J1, Y \J V 11 Ili .a I I I~IIi Irrr i low O~ ~RED PINE LANE 1.0 CIO Nm . PE ~~~onr \p0 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 Six Hundred Fifteen and no/100 Dollars ($15,615.00.) 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 Z~5 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 147th 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 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: ~c cs, -10-LA _A SELLER: CITY OF EAGAN, a Minnesota municipal Corporation By: Pat Geagan Its: Mayor By: Maria Petersen Clerk 4 Agenda Information Memo July 31, 2006 Eagan City Council VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION - EAGAN HILLS ALLIANCE CHURCH ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Preliminary Subdivision (Eagan Hills Alliance Church) to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW '/4 of Section 25, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ This item was continued from the July 18th City Council meeting to allow the applicant time to discuss and resolve issues with a concerned neighbor. An e-mail update from the church is attached. ➢ The site is located south of Diffley Road and west of Dodd Road. ➢ The site consists of two platted parcels, and each parcel is developed with a church. ➢ Eagan Hills Church is purchasing 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. ➢ The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. ➢ Cash trails dedication and cash water quality dedication are due for the existing 3.8-acre Eagan Hills Alliance Church parcel, not satisfied with previous development. ➢ The Advisory Planning Commission held a public hearing on June 27, 2006, and did recommend approval of the Preliminary Subdivision ISSUES: ➢ This development is subject to cash parks dedications. The City previously deferred park dedication for both churches until such time as the use of the property changed. The applicant is requesting the further deferment of park dedications. The Council will need to select one of the following conditions to reflect the decision regarding park dedications: This development is subject to cash park dedication a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. AGENCY ACTION DEADLINE: September 28, 2006 (120 days) ATTACHMENTS (3): E-mail update from Eagan Hills Alliance Church, page' June 27, 2006 APC Minutes, pages z tigo" Staff Report, pages 3 through f~ 10 1-0 Page 1 of 2 Pam Dudziak From: Tom Gothmann [TomGothmann@eaganhills.org] Sent: Wednesday, July 26, 2006 5:51 PM To: Pam Dudziak Cc: Bruce Konold Subject: Status Update for 7/31 City Council Meeting Attachments: Eagan Hills Map.pub Hi Pam I'm writing today to update you prior to our application being considered at the 7/31/06 City Council Meeting. As you know, the Council continued our item for two weeks at the meeting of 7/18. This was due to concerns that were expressed at the meeting by one of our neighbors, Scott Bailey. Mr. Bailey also spoke at the Advisory Planning Hearing on 6/27/06. Mr. Bailey submitted a letter to the City Council on 7/18. 1 will address some of his concerns in this email, as well as my communications with Mr. Bailey since that time. I met with Mr. Bailey after the Council meeting on 7/18, and again on 7/24. The purpose for these discussions was to facilitate communication around Mr. Bailey's concerns regarding our proposed purchase of land from Praise Lutheran Church, and future plans for expansion. While we want to address Mr. Bailey's concerns, it should be noted that Mr. Bailey's property (Letter B on attached map) is on the west side of the Eagan Hills Church property. The land purchase proposed for a parking addition (Letter A on map) is land that borders our property to the east, making Mr. Bailey's house completely across our current property from the proposed parking expansion. Mr. Bailey's concerns are as follows: 1 - Drainage: There is a drainage issue that exists with Mr. Bailey's residence and one of his neighbors from our previous parking lot expansion. You may recall that I discussed this issue with you and an Engineer from the City at one of our meetings. We will be working with Hedlund Engineering to design a permanent solution to this issue. The issue is that water that once drained onto Eagan Hills property from the homes to the West of our parking lot cannot drain over the curb. The parking addition that was completed in 2003 was designed for us with drainage and grading in mind. The application for grading and drainage was submitted to the City of Eagan, and was approved prior to construction. The parking lot was inspected after construction, and no issues were stated. Eagan Hills Church is willing to work to correct this issue, and we propose to correct this issue at the time we expand the current parking lot, which we anticipate will be this coming fall. This cost for this correction will be paid by Eagan Hills Church. Mr. Bailey made us aware of a drainage problem with a letter dated April 22, 2004. At that time, Mr. Bailey requested that the church install fill, sod, and trees in his yard. In June of 2004, volunteers from Eagan Hills Church installed fill, sod, and trees as requested. The cost for this project was approximately $1000. At that time, Mr. Bailey stated that he was pleased with the work that was done, and also with the willingness of the church to respond to his concerns. However, this drainage issue continues to exist. Hedlund Engineering has advised me that the recommended solution will be to install a drain near the property line on one or both neighboring properties, and to connect these drains to our existing drain basin so the water will drain properly into the church's drainage system. For financial reasons, I have been advised that this project will be best completed when the parking lot expansion takes place, since the materials and machinery for the repair will already be here. Mr. Bailey has also noted another potential drainage issue involving a storm basin in the Stirrup Street cul-de- sac. In conversations with Mr. Bailey and also with our neighbor on Stirrup Street, it is agreed that this would be a problem. It is our intent that all drainage from the proposed new parking area be planned to connect with our current catch basin and our drainage system. There is no intention to allow drainage to the storm basin located near the cul-de-sac on Stirrup Street. 2 - Lighting: Mr. Bailey has an issue with the lights in the church parking lot. He has requested that the lights be turned off at night. As with most churches and businesses, maintaining sufficient lighting in parking lots is a security issue. It is our opinion that our current parking lot is actually short of lighting. We have had issues with 07/27/2006 N Ll Page 2 of 2 vandalism in the past, and also with people not connected to our church being in our lot at night. We feel very strongly that lighting our parking lot is necessary. I have met with the neighbor whose property is next to the area where our proposed parking expansion will be (Letter C on map). This neighbor felt strongly that our lot must have adequate lighting for the purpose of security. I did, however, assure Mr. Bailey that we are willing to look into possible ways to deflect light from shining in the direction of his home and will continue to work with him on this issue. 3 - Screening: Mr. Bailey is concerned about landscape screening between the proposed parking lot expansion and the neighbors. It has always been our intention to provide adequate screening as part of this project, and you and I have even addressed this issue in our meetings. Senior Pastor Bruce Konold and I addressed this issue with the neighbors who potentially are most affected by our expanded parking (Letter C on map). We assured them at that time that we are committed to providing an appropriate buffering area between their residence and the parking lot, and we discussed with them what type of screening they would prefer. These discussions will be ongoing. In general, it is the desire of Eagan Hills Church to be a good and reasonable neighbor. We are confident that the drainage issue that currently exists will be eliminated at the time of our parking lot expansion. We are committed to work with Mr. Bailey and our other neighbors on issues related to our projects and expansion. This application to sub-divide is extremely important to Eagan Hills Church, and also to Praise Lutheran Church. Our greatest immediate need is additional parking space. If allowed to complete the purchase of land from Praise Lutheran Church and expand our parking capacity, we are confident that we can meet the future needs of our growing congregation. If this effort to purchase land to expand parking is not successful, Eagan Hills Church will likely be faced with putting our property up for sale and seeking to purchase a property that can accommodate our church. If Praise Lutheran Church is not able to sell this land to Eagan Hills Church, they will be required to pursue selling some or all of their property for potential development. It is the opinion of both Eagan Hills Church and Praise Lutheran Church that the best use of this land will be for both churches to remain and flourish in the future. If there are any questions prior to the City Council Meeting on 7/31/06, 1 can be reached at 651-283-1326. 07/27/2006 30 TJ r w `.r r r r r r r r - V x 4 . f *ONO s } %31 Advisory Planning Commission Minutes June 27, 2006 Page 7 C. Eagan Hills Alliance Church Applicant Name: Eagan Hills Alliance Church Location: 670 & 700 Diffley Road; Lot 1, Block 1 Sunset Twelfth Addition and Lot 1, Block 1, Praise Lutheran Church 2nd Addition Application: Preliminary Subdivision A Preliminary Subdivision of 10.26 acres to create 2 lot. File Number: 25-PS-07-04-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 16, 2006. She noted the background and history. Representatives of Eagan Hills Alliance Church were present to answer questions of the Commission. Chair Hansen opened the public hearing. Scott Bailey, 4246 Augusta Court expressed concerns regarding the proposed expansion of the church in regard to drainage, lack of fencing or screening after the expansion of parking lot, exterior lights that shine on his property, junk and vehicle storage, noise coming from activities in the parking lot, and the apparent lack of after hours security of the parking area. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen asked for response from staff regarding Mr. Bailey's concerns. City Attorney Bauer stated that the action before the Commission is a Preliminary Subdivision any that if there are code violations occurring on the property, that would be an enforcement issue handled separately from the application before the City at this time. City Planner Ridley stated that at the time of development (Building or Grading Permit), landscaping/screening issues would be addressed. He cautioned the Commission that typical landscape/screening would soften the view of the site from the neighbors, not eliminate it. Assistant City Engineer Gorder stated that the drainage issues would be addressed at the time of development. Representatives of the church stated they are currently studying and plan to incorporate measures to correct existing drainage issues. Member Dugan moved, Member Keeley seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at 670 and 700 Diffley Road, in the NW % of Section 25, legally described as Lot 1, Block 1, Sunset 12th Addition and Lot 1, Block 1, Praise Lutheran Church 2"d Addition subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final Nettie Broyles Page 7 07/28/2006plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. A vote was taken. All voted in favor. Motion carried 7-0 32, PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 2006 CASE: 25-PS-07-04-06 APPLICANT: Eagan Hills Alliance Church HEARING DATE: June 27, 2006 PROPERTY OWNER: Eagan Hills Alliance APPLICATION Praise Lutheran Church DATE: May 31, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 670 and 700 Diffley Road COMPREHENSIVE PLAN: QP, Quasi-Public ZONING: PF, Public Facilities SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road, in the NW '/4 of Section 25, legally described as Lot 1, Block 1, Sunset 12`h Addition and Lot 1, Block 1, Praise Lutheran Church 2„ a Addition. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. 35 Planning Report - Oak Hills Church April 25, 2006 Page 2 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. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Eagan Hills Alliance Church property was platted in 1987 as Sunset 12th Addition. The Praise Lutheran Church property was initially platted in 1987, and replatted as Praise Lutheran Church 2n6 Addition to incorporate additional land from Sunset 12th Addition in 1994. Eagan Hills Alliance Church is purchasing land from Praise Lutheran Church in anticipation of future expansion. The subdivision is necessary to allow the land transfer. 51 Planning Report - Oak Hills Church April 25, 2006 Page 3 EXISTING CONDITIONS Each existing parcel contains a church. Eagan Hills Alliance Church takes access off Diffley Road; Praise Lutheran Church takes access off Dodd Road. There are scattered wooded areas on the southern portion of the Praise Lutheran Church parcel, and around the pond on the northwest corner of the Eagan Hills Alliance Church parcel. Praise Lutheran Church has an existing play structure on the 2.15 acres Eagan Hills Alliance Church is purchasing. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Quest PF, Public Facilities QP, Quasi-Public utility building East Single-family R-1, Single-family residential; LD, Low Density Residential; residential; Fire PF, Public Facilities QP, Quasi-Public Station South Single-family R-1, Single-family residential LD, Low Density Residential residential West Single-family PD, Planned Development LD, Low Density Residential residential EVALUATION OF REQUEST Proposal - Eagan Hills Church proposes to acquire 2.15 acres of land from Praise Lutheran Church in anticipation of future extension needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two churches. Compatibility with Surrounding Area - There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Lots - The proposed lot areas are Lot 1 = 5.8 acres and Lot 2 = 4.46 acres. Setbacks - Public Facilities setbacks apply to both lots. Minimum required setbacks are two feet for every one foot of building height, with a minimum setback of 30 feet and maximum of 50 feet; 50 feet from Diffley Road and 40 feet from Dodd Road. Required parking setbacks are 20 feet from a public right-of-way and residential properties, and 5 feet from other lot lines. Planning Report - Oak Hills Church April 25, 2006 Page 4 Site Plan - The existing play structure should be relocated to within proposed Lot 2 (Praise Lutheran Church) prior to final subdivision approval. The site plan shows anticipated future parking expansion for Eagan Hills Alliance Church. The applicant should note that two-way drive aisles must be 24 feet wide. Grading/ Topography - The site is relatively flat and open with a wooded area in the northwest corner. Grading is not proposed at this time, but may be with a future parking lot expansion. The property owner will be required to obtain a City grading permit with any future parking lot expansion in excess of the City code threshold of 10,000 square feet. Storm Drainage - The site is currently served by a storm sewer system. No modifications to the system are necessary with the proposed property line revision. Utilities - The buildings on the site are served by City sewer and water with no changes proposed with this development. Access - No changes to public street access are proposed with this development. Eagan Alliance Church (Lot 1) will continue to take access to Diffley Road (County Road 30) to the north and Praise Lutheran (Lot 2) will maintain public street access to Dodd Road to the east. Interconnection of the two church parking lots is not proposed or planned. Access to Stirrup Street, a City street cul-de-sac, is also not proposed per City conditions of previous development approvals. Easements - Standard public drainage & utility easements cover the current property line between the two lots. The proposed property line revision does not require that this easement be vacated. Standard public drainage & utility easements will be dedicated on over the new common lot line between the two lots. Wetlands/Water Quality - This proposed subdivision was previously associated with Sunset 12th Addition and Praise Lutheran Church 2"d Addition. City water quality requirements were met through cash dedication in 1994 for the portion platted as Praise Lutheran Church 2"d Addition. Water quality requirements have not been met for the remaining 3.8 acres of Lot 1, Block 1, Sunset 12`h Addition. In lieu of water quality ponding, a cash dedication is appropriate for this portion of the development. There are no wetlands issues or concerns. Tree Preservation - Tree preservation will be addressed according to the provisions in the City ordinance at such time as expansion of the parking lot or building may occur on either lot. Parks and Recreation - This development is subject to cash parks and trails dedications. With the development of both churches, the park dedication was deferred by the City until such time as the use of the property changed to something other than a church. The applicant is requesting ZNP Planning Report - Oak Hills Church April 25, 2006 Page 5 that further deferment of park dedications. The continued deferment of park dedications is a policy matter to be determined by City officials. A cash trail dedication was paid on Praise Lutheran Church parcel in 1994. Trail dedication has not been fulfilled for the existing 3.8-acre Eagan Hills Alliance Church parcel. Therefore, a cash trail dedication on the 3.8 acres is due at this time, payable at the time of final plat. The 2006 rate for trail dedication is $1,251.00 per acre. Financial Obligation - At this time, there are no pending assessments or other financial. obligations on the parcels proposed for platting. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 10.2 acres located at south of Diffley Road and west of Dodd Road. There is no new development proposed at this time. The existing improvements satisfy setbacks and other dimensional standards. Existing drainage and utility easements should be vacated at the time of final subdivision and new easements dedicated with the final plat. Cash water quality and trail dedications are due for the existing 3.8-acre Eagan Hills Alliance Church parcel. The applicant is requesting continued deferment of park dedications. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW '/a of Section 16. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B2, B3, and B4. 2. The property shall be platted. 3. A cash dedication in lieu of on-site water quality ponding for 3.7 acres shall be required, payable at the time of final plat. 4. This development is responsible for a cash trail dedication for 3.7 acres, payable at the time of final plat at the rates then in effect. 5. This development is subject to cash parks dedications either a) deferred until such time as the use changes to something other than a church, at the rates then in effect; OR b) payable at the time of final plat, at the rates then in effect. ~1 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage 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. 3B 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. 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 1. 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: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval Eagan Boundary Parcel Away Location Ma Naway Park Area _ Building Footprint ~a`1" s ~ ~ ~t u a~ s~ ~ 9' 4 e 4 .v °b s ;:4 L-J-~f ~ s s s le ~ . t • O p 16 ' 0 T ` i I ■ r ~ r♦• ■ ® A 4 ~ t ®Er • a ~ • i ♦ . ~ fill r A o B fx.x. r ' 0 P d a . a • Sub"ect Site ti ' • a l t s++ P • ~ O O o a r r m ¢ P r a d s• 5• o s m r s ® e. g ,.=w.x 3 b ■ a 4f m m o ® c ~ t m ■ w~ a s ~ r ® ® q ~ g Pa vt o c ® se x~~®a. r .'moo JL- tia ars r ~ ~ 4 ~ ~A ♦ : ♦ ■ • ~ 9 m e rD ~ ° ~ to ~ ~ . ~ M d r i 0 e! 0 7 P a !Ty Ad' W d lib F. APR b a "a s m ad ea ■rr o w O 6• alit r A♦ d> 1 ®i S .Ny ® g C~ ` 16 ® 1 d C B ~ max. • • ~ r ® q e o ~ ~ u o. • _ . ~ s ~ 9 9 cif a es a m e ra _ 1000 0 1000 2000 Feet Development/Developer. Eagan Hills Alliance Church Application: Preliminary Subdivision Case No.: 25-PS-07-04-06 t Map Prepared using ERSI ArcView 3.1. Parcel base `map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Ea jan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Hills Alliance Church Prelim Subdivision 25-PS-07-04-06 Zoning Map P co R- A a Location R+ F R-1 Current Zoning: RR PF + o o A Public Facilities R'+ ® M PF A 1 R ® A R- R-1 A 1-11 ~"JLJ: R-1 600 0 600 1200 Feet P Comprehensive Guide Plan LD /~VJ \ D ■ LD Land Use Map P D 0 Location LD It of$ D,6 CID Current Land Use Designation: LD ® OF DP QP 77 ' Quasi-Public ® LD LD DP LD LD ■ 600 D 600 1200 Feet P LD ~ v 41 Parcel base map information providedby Dakota County Land S1 y Departmeri Decmbs 2005. N Zoning Information maintained byCity StaK City of Eap 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. 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A I I:' :1 I~~ Mi I I hi I: y OAD l R , a - ml--- - DOD- ¢ p, a of s ( -acs--= . - - J !i~ 12 1 ~I a Onn rl~ b oy Oml >j884SSSe ~m ~ z I [~e~oooe~ ° x °z~l Eag; ; , O^~ j4z BI 0> Z.< >s EXISTING CONDITIONS BAGAN NLLS CHURCH IST ADDITION ~~HEDLUND I ° BACSTTNC CONDITIONS PLAN „ sw . atlrrF, a r.~w s~,...r. & (,,r I as N p HiUa AAWanoa Church rt~/,ewC P'o.WJewx' srw.x'rwr. ras~ne.r ae xaas re. xu, ow.. & xw.~, uw ss.v xyw. wx wu l~ s,r,; lY rnw< (as+) .sx-ass rrr,. lesq .as-esoo sq~.rmw I Issr> ,os-sea uwm.. w,, uc ao. Iane VVV ocnl v. w .,a, -fip wo.-Lw (ISO) ma oow-LOr (Ita) Fwd cex-xs~ htc> "'°`u IE 5' 1 =~0~6 r 16 MM '~'3 RKL ~°3 R Q W MO .Id SOOL x'WI Wl G 3 ~ ~ awrrrs awrmmro v ya4ny.7 aouvy77Y ollsH uu~a,y C 8 .a °rr:..i+w w n:We.. 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I I II ~ 11 p p nsavmw.-^ I I - 111 0 II 'i r~ %3': I ,qll p ~ p I I I .i I .•i/„~'/' - Ili n , n II d -----J L----- ~a~ $ o I Y ?nn ~ ~ I I tl Y s w v n n I tl rC( Y AUGUSTA CT.- A-~.._..~ II Y 9 ~~4 if- _ I iio I Y G»--------------I ii 1 1 4 , I I r 11,'n l y - I I h 96 ~o-° C1 e es 5 I I 4 P,;,2 4 STIRRUP STREET - a-~ 9 I i ems,,. - - - - --J n Y- 11 ;;M 71 I I g ao C~ ~ e~ p;i9q)i~ --------1~p II M} Yi ~y Iml i ~2~ I I ~ $6 ~~csts _ II l I I I f ~ I~al• ,mm.) I ~ II M°"'o-I 3 :s y _ 11 I nYN Icy I ~ --~--ter- I 1 0 ~ I n e II o l h lu - I I ~i e~ l y I h IS I c i I III I o IF 5 i n n I ~ I N ~ I ~ I iio I~ I ti qL' e i y I e ~ ~ ~ II Y I y y I i o f I " iii I j I _ -d -it -'_e ea e d - L ROAD s~~mrears~ - DODDsss - - - - - - - !ld = ;:T' 6r~~#~ e € ~ = y t r > ~ A NIIIH 'I S z~I LA t !e eP M, V fr d~ ~geo~ a• q~ c I aZ I i}~~m~~f ~ ~ 9S9 ~@ ~ s c~iD ' IEr [ r a esa. 1 o o~ 'Ell ¢ a SITE PLAN I 5 °a pp`SACAX SILLS CHURCH IST ADDITION SITS PLAN HEDLIJND i N I E - HiW AM-¢ - Church n.urmm errcamevk swr-.sa 1 < / 100 W. , Rl 2005 PM OW D.M Gpaa „ 15130 C.p4 up SSIt3wl<<i YY O~ Pnena (Ut) s53-b93 (55,) .09-0000 SS"'1i•'~ SK (151) S .w Nmpll C NMVw - u Ma Ip5]p 44 Preliminary Subdivision Submittal Requirements Eagan Hills Alliance Church, 700 Diffley Road, Eagan MN 55123 has an agreement with Praise Lutheran Church, 670 Diffley Road, Eagan, MN 55123 regarding the purchase of approximately 2.15 acres of land from Praise Lutheran. The purpose of this proposal is to request preliminary subdivision approval from the City of Eagan. The proposal will be described below. Comprehensive Guide Plan & Zoning Designation (existing and proposed) - Both Eagan Hills Alliance Church and Praise Lutheran Church are currently designated as Public Use, and both are churches. There are no plans for either designation to change. This proposal details the transfer of 2.15 acres from Praise Lutheran Church to Eagan Hills Alliance Church. Purpose, Timing, and Phasing - Eagan Hills Alliance Church is purchasing approximately 2.15 acres of land from Praise Lutheran Church. This purchase essentially moves the property line between the two churches 165 feet to the east. The intention of Eagan Hills Alliance Church is to use this land to expand parking capacity. Currently, Eagan Hills Alliance Church has parking for approximately 106 automobiles. However, current parking needs exceed capacity. Eagan Hills Alliance Church has experienced substantial growth during the past two years. Average Sunday morning attendance has increased from approximately 250 persons to approximately 500 persons. With this increase has come the need for increased parking capacity. It is anticipated that Eagan Hills Alliance Church will have the capacity to add up to 200 parking spaces by utilizing the land specific to this application. This parking lot expansion will allow the church to meet current parking needs, and also gives parking options for future church building expansion. If City approval is obtained, it is planned that construction will begin to expand the parking lot to the southern portion of the proposed property in the fall of 2006. Existing Land Uses on Subject Property - The property that is being purchased by Eagan Hills Alliance Church is currently open land with a playground owned by Praise Lutheran Church. Praise Lutheran Church intends to move the playground to another spot on their property during June of 2006. Surrounding Land Uses and Zoning within 660 Feet - Directly to the East of the church building of Eagan Hills Alliance Church is a Qwest Utility Building. Praise Lutheran Church is located at 670 Diffley Road. There is a Fire Station located on the southeast corner of Dodd Road and Diffley Road. With these exceptions all areas are residential within 660 feet of the property. Park Dedication - It is understood that Park Dedication was deferred for both Eagan Hills Alliance Church and Praise Lutheran Church in the past, pending future changes in use. Eagan Hills Alliance Church and Praise Lutheran Church request further deferment at this time. The proposed use for both churches is not anticipated to change. Agenda Information Memo July 31, 2006 Eagan City Council VII. NEW BUSINESS A. PRELIMINARY AND FINAL SUBDIVISION (LEXINGTON RIDGE 2ND) _ MILLERVILLE, INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Preliminary Subdivision (Lexington Ridge 2°a) to allow create two lots located at 1149 Diffley Road in the NE 1/4 of Section 27 subject to the conditions listed in the staff report. To approve (or direct Findings of Fact for Denial) a Final Subdivision (Lexington Ridge 2") to create two lots located at 1149 Diffley Road in the NE 1/4 of Section 27. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The sixteen unit, seventeen lot Lexington Ridge was approved in 2004. ➢ The subdivision is a result of a Planned Development Amendment to allow a third stall garage addition to the unit on Lot 16, Block 1, Lexington Ridge Addition, Lot 16 will acquire additional land from the common area to accommodate the addition. ➢ The other units and lots will not change. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and the commission is recommending approval. 120 DAY AGENCY ACTION DEADLINE: November 10, 2006 ATTACHMENTS: (2) Draft APC Minutes, es throu h Staff report, pages =~--F-- through ,59. Advisory Planning Commission Minutes July 25, 2006 Page 1 of 17 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA July 25, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 25, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Heaney, Zoberi, and Dugan. Also present were, City Planner Mike Ridley Planner Pam Dudziak, Planner Shelia Cartney, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Zoberi moved, Member Chavez seconded a motion to adopt the Agenda. All voted in favor. Motion carried 6-0. June 27, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Zoberi seconded a motion to approve the June 27, 2006, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A Lexington Ridge 2nd Addition Applicant Name: Millerville Location: 1149 Lexington Ridge Ct.; Lot 16, Block 1, Lexington Ridge Application: Preliminary Subdivision A Preliminary Subdivision to increase the size of Lot 16, Block 1, Lexington Ridge Addition. File Number: 27-PS-11-06-06 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated 14, 2006. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. 41 Advisory Planning Commission Minutes July 25, 2006 Page 2 of 17 Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Preliminary Subdivision (Lexington Ridge 2"d Addition) to create two lots subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al 2. The property shall be platted. A vote was taken. All voted in favor. Motion carried: 6-0. 45 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 14, 2006 CASE: 27-PS-11-06-06 APPLICANT: Ray Miller HEARING DATE: July 25, 2006 PROPERTY OWNER: Same APPLICATION DATE: July 14, 2006 REQUEST: Preliminary Subdivision & PREPARED BY: Sheila Cartney Final Subdivision LOCATION: 1149 Lexington Ridge Ct COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Lexington Ridge 2°a) to adjust a lot line for property located at 1149 Lexington Ridge Court in the NE 1/4 of Section 27. The subdivision is a result of a Planned Development Amendment to allow a third stall garage addition to the unit on Lot 16, Block 1, Lexington Ridge Addition, Lot 16 will acquire additional land from the common area to accommodate the addition. 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. Qq Planning Report - Lexington Ridge 2nd July 25, 2006 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY In 2004, the subject site was approved as part of a Planned Development to create 17 lots; 16 town home units and common area. The development has reduced setbacks and is a cluster type development. Each unit was approved with a two stall attached garage. ou Planning Report - Lexington Ridge 2nd July 25, 2006 Page 3 In May 2006, a Planned Development Amendment was approved to allow a third stall garage addition to the unit on Lot 16, Block 1, Lexington Ridge. As a result of the Planned Development Amendment common area will be combined with Lot 16. EXISTING CONDITIONS The site is fully developed with 16 attached townhome units. Some of the units have been sold and the applicant is in the process of selling the remaining units. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Diffle Road ROW ROW South Diffley Lexington Athletic P, Park P, Park and Recreation fields open space East Diffley Lexington skate P, Park P, Park and Recreation ark open space West Ca oni Art Park P, Park QP, Quasi Public EVALUATION OF REQUEST Proposal - The subdivision is a result of a Planned Development Amendment for a third stall garage addition; as a result common area will be combined with Lot 16. The other units and lots will not change. Density - The density has not changed from previous approval; 2.8 units an acre. The Comprehensive Guide Plan allows a density of 0 to 4 units per acre for Low Density Residential. Lots - Lots 1-15, Block 1, Lexington Ridge will not change. Lot 1, Block 1, Lexington Ridge 2°d will be 4,373 square feet and the common area Lot 2, Block 2, Lexington Ridge 2°d will be 189,858 square feet. The lots range from 3,544 square feet to 7,218 square feet in area. Setbacks -The third stall garage addition for Lot 1, Block 1, Lexington Ridge 2°d will maintain the required 15 foot side yard setback from the east perimeter and 20 foot setback from the private street. Engineering, tree preservation and Water Quality issues were addressed with Lexington Ridge Addition and will not change for the proposed second addition. 51 Planning Report - Lexington Ridge 2"d July 25, 2006 Page 4 SUMMARY/CONCLUSION The applicant is proposing a Preliminary and Final Subdivision to create two lots, Lexington Ridge 2"d Addition. The subdivision is the direct result of a Planned Development Amendment to allow a third stall garage addition to Lot 16, Block 1, Lexington Ridge. Lot 16, Block 1, Lexington Ridge will become Lot 1, Block 1, Lexington Ridge 2nd Addition and Lot 17, Block 1, Lexington Ridge will become Lot 2, Block 1, Lexington Ridge 2°d Addition. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Lexington Ridge 2nd Addition) to create two lots. 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: Al 2. The property shall be platted. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage 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. n*5 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. 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 1. 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: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Fonns/Standard Conditions of Plat Approval 54 Eagan Boundary N Right-of-way Location Map Parcel Area Park Area - Building Footprint L~ 1-6 T, 11, f T 41111111 w d as I P~ J# t s r r Subject Site ~ IF li 4 lso 7cffitnIn ` 3a € t e ~ L~■ ~e f ■ a ■ ! • ■ / ■ % ■ IC' e,s r ~ ~ ♦ Np w« i f ~ ~ e ,j t I ♦ t~ • e, ■ P n A t it ■ 9 3 ° / ! ea 0 16 V 1110 -16 A* V 1000 0 1000 2000 Feet Development/Developer. Lexington Ridge Application: Preliminary Subdivision Case No.: 27-PS-11-06-06 Map Prepared using y ERSI Office w 3.1. Parcel base map data provided N by Dakota County Otfiee of of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EajaIl W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Lexington Ridge 2nd Land Use Map Prelim Subdivision 27-PS-11-06-06 Zoning Map Ay PD R-1 P PF Current Zoning: Location PF PD Planned Development P y a P PD 600 0 Goo 1200 Feet w LJ \ D F Comprehensive Guide Plan P Land Use Map HD P QP RC Location Current Land Use Designation: LD qjp Low Density Residential P ~ P e 0 t D ~ 9 P soo o 600 1200 Feet Parcel base map Information providedby Dakota County Land Survey Departmert Deember 2005. N City Ea p Zoning Information maintained byCity Stag City of l Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 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The developer has received approval to amend the planned development to include the construction of one-car garage addition to what was Lot 16, Block 1 of Lexington Ridge. This lot is the first lot as you enter the development on the south side of the street. To date, all of the 16 unit town homes have been constructed with the sale on 8 units currently completed. The final plat now identifies this lot at Lot 1, Block 1 of Lexington Ridge 2nd Addition. In addition, old Lot 17 of Lexington Ridge (which was the common space of the development) is replatted to be Lot 2, Block 1 to account for the reduced common space area. This final subdivision for the amended planned development will result in an additional drive access to the currently constructed private street. This garage addition will provide symmetry to the development in that the unit across the street will be matched from the east setback line. Lot 16 is one of the more difficult lots to market and this will provide an opportunity to provide an amenity to this unit that will make it intriguing to the buyer and another unique unit within this urban village setting. This plan will not have a detrimental affect on the surrounding property or land uses. This plan simply provides another mix of housing type in this area. Just like some buyers like a 3 or 4 bedroom home, other buyers would prefer a 3-stall to a 2-stall garage. There is no impact to public infrastructure and will have no impact to the surrounding properties outside this secluded development. The architecture will match the existing town homes and will incorporate similar building materials and style. We believe this will simply add diversity to the building construction and will supplement the unique architectural character in this environment. The timing of construction is to complete the addition once the necessary approvals from the City have been granted. The developer is committed to allowing this to be the only building modification within this development. 90oZ h inf GM333~ ~ 5g Agenda Information Memo July 31, 2006, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - OAK TRUST BANK ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit Amendment to allow a pylon sign for Oak Trust Bank located at 1642 Diffley Road in the NW '/4 of Section 28; subject to the conditions in the APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is proposing a 14 foot high, 125 square foot pylon sign with an LED message center advertising for the bank. ➢ The applicant was previously approved for a 24 foot high, 36 square foot pylon sign with an LED message center for time and temperature only. ➢ The Sign Code does not allow text copy with moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. As proposed the LED message will change up to 4 times per day. ➢ The APC held a Public Hearing on July 25, 2006 and recommended denial. 60 DAY AGENCY ACTION DEADLINE: August 20, 2006 ATTACHMENTS (3): Draft Advisory Planning Commission Minutes on pages * through . Planning Staff Report on pages through. Sign samples from applicant wi out page number Advisory Planning Commission Minutes July 25, 2006 Page 3 of 17 B Oak Trust Credit Union Applicant Name: Oak Trust Credit Union Location: 1642 Diffley Road; Lot 7, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign. File Number: 28-CU-06-06-06 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated July 12, 2006. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen stated concern with the number of times (4 times) the message will change per day. Member Chavez stated the message should only be allowed to change twice per day. Member Keeley stated that only time and temperature display should be allowed. She stated preference for the previously approved 36 square foot sign. She stated changes from the original application are not necessary. Marty Turner, representing Oak Trust Credit Union, stated the reader board would be used for basic information and marketing. He stated the size is within City code and the reader board is smaller than many in the City. He stated that it will only change up to four times a day and will remain static in between changes. He also discussed how the City of Burnsville only restricts this type of sign to change up to 8 times a day and other city's do not restrict this type of sign. Discussion occurred regarding the changing message board sign approved for Cliff Lake Center. It was noted that the Cliff Lake sign was approved to allow advertising for the many tenants of the in-line center located between Cub and Target. Member Dugan stated the original Conditional Use Permit should remain in effect and stated he will vote against approval. Member Dugan moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit amendment to allow a 125 square foot pylon sign 14 feet in height for Oak Trust Bank located at 1642 Diffley Road in the NW '/4 of Section 28 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 0 Advisory Planning Commission Minutes July 25, 2006 Page 4 of 17 2. The letters shall not scroll, intermittently change or flash; the content can change as the message changes up to four times a day. 3. All signage is subject to the Sign Ordinance. A vote was taken. Aye: Member Heaney. Nay: Chair Hansen, and Members Dugan, Zoberi, Keeley, and Chavez. Motion failed: 1-5. Member Dugan moved, Member Chavez seconded a motion to recommend denial of a Conditional Use Permit amendment to allow a 125 square foot pylon sign 14 feet in height for Oak Trust Bank located at 1642 Diffley Road in the NW '/4 of Section 28. A vote was taken. Aye: Chair Hansen, and Members Dugan, Zoberi, Keeley, and Chavez. Nay: Member Heaney. Motion carried: 5-1. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 10, 2006 CASE: 28-CU-06-06-06 APPLICANT: Oak Trust Credit Union HEARING DATE: July 25, 2006 PROPERTY OWNER: Same APPLICATION DATE: June 21, 2006 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 1642 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a pylon sign for the Oak Trust Bank located at 1642 Diffley Road in the NW 1/4 of Section 28. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems `X Planning Report - Oak Trust Bank CUP July 25, 2006 Page 2 and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY In 2005, two Conditional Use permits were approved for the subject site. The permits allow a drive-thru for the bank and a pylon sign. The pylon sign was approved at 36 square feet and 24 feet in height with a digital display for time and temperature. Earlier this year Thomas Lake Centre received approval of a Planned Development Amendment to allow a pylon sign with an LED display with copy other than time and temperature, the copy could change up to two times in a 24 hour period. The Eagan Community Center received approval of a Conditional Use Permit to allow pylon sign with LED display (that is 49 square feet in area) the copy changes twice a day. In 2004, the 28,000 square foot Cliff Lake Centre in- line retail property received Planned Development Amendment approval to add a 30 square foot LED sign to the existing pylon, with the message changing up to six times an hour. EXISTING CONDITIONS There are seven lots within this subdivision; the lots on either side of the subject site are developed (Metro shell gas station and CVS Pharmacy). The subject site is accessed from the north via Diffley Road and to the east and south via the private service road, provided by easement. The site is under development for the 3,131 square foot Oak Trust Bank. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Co3 Planning Report - Oak Trust Bank CUP July 25, 2006 Page 3 Existing Use Zoning Land Use Designation North Single-family PD, Planned LD, Low Density residential Development district (0-4 units/acre) South Vacant - Lot 4 Diffley NB, Neighborhood RC, Retail Plaza Business Commercial East CVS Pharmacy NB, Neighborhood RC, Retail Business Commercial West Metro Station NB, Neighborhood NB, Neighborhood Business Business EVALUATION OF REQUEST Compatibility with Surrounding Area - Neighborhood Business districts are defined as small business areas generally located adjacent to or in close proximity to residential neighborhoods that are intended to provide retail goods and services to the immediate area. The subject site is bounded on the north by County Road 30 (Diffley Road) and single family residential uses, on the east by CVS Pharmacy and on the west by Metro Service Station all zoned Neighborhood Business. Banks are a permitted use within the NB zone. A pylon sign is a conditional use. Sign Ordinance - The general sign standards of the sign code do not allow moving parts, or lights. The electronic reader board sign, if permitted will not be allowed to scroll, change intermittently or flash other than time and temperature. A pylon sign requires a Conditional Use Permit; the applicant is proposing a pylon sign on the northwest corner of the lot. The pylon sign shall not be more than 27 feet above lot level and shall not exceed 125 square feet in area per side. The proposed sign is 125 square feet and 14 feet in height. The proposed pylon sign is to be located 10+ feet from the property line meeting standard Sign Code requirements. Pylon signs are not to be located within 300 feet of each other on the same side of the street; the Site Plan indicates the proposed sign meets this requirement. Proposal - The applicant is requesting to amend the current CUP by altering what was previously approved in 2005. The proposed sign is 125 square feet in total area with a brick base to match the building. A 35 square foot electronic message board is proposed under the main 90 square foot sign. As proposed, the electronic reader board will change up to four times a day. The electronic reader board originally approved was limited to time and temperature. City Officials will need to determine the appropriateness of the electronic message board changing up to four times a day. SUMMARY/CONCLUSION The applicant is requesting to amend the existing Conditional Use Permit to change the pylon sign. The proposed sign will be 125 square feet total in area with a 90 square foot sign and a 35 square foot electronic reader board and 14 feet in height as opposed to the original Conditional Planning Report - Oak Trust Bank CUP July 25, 2006 Page 4 Use Permit for a 36 square foot sign, 24 feet in height with a digital display for time and temperature. The proposed electronic reader board will be for advertising and will change up to four times a day. The proposed pylon sign meets City Sign Ordinance standards. The sign standards of the sign code do not allow moving parts, or lights except for time and temperature. City Officials will need to determine the appropriateness of the electronic message board changing up to four times a day. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit amendment to allow a 125 square foot pylon sign 14 feet in height for Oak Trust Bank located at 1642 Diffley Road in the NW 1/4 of Section 28. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. The letters shall not scroll, intermittently change or flash; the content can change as the message changes up to four times a day. 3. All signage is subject to the Sign Ordinance. Eagan Boundary Right-of-way Para Location Map ~Park Area k Area - Building Footprint ae o. ~ d w all wale Subject Site 0011111M a, 4f , ■ t II. ~ : ae ~ d ° ~w1 / ~ '®rP Od • mm 9 f~ g~ ~ s ❑ m m p t+! eo r ED ® al 41`: ■ t w•. t. • a Ile a aP P ; tt I + We AIN ~r # b~ ~~~~~e• .,sees ~ .s ~ ~ a : Ve•grr tM ~o ~+Oi1 1000 0 1000 2000 Feet Development/Developer. Oak Trust Bank Application: Conditional Use Permit Case No.: 28-CU-06-06-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of EaEan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. THE COLORS 5HOWN IN THI5 DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS 5, 5 B1NE~:~D E 0 5•' G Fl ALTS 3 ~ SMART.slmple.SOLUTIONS. 5 6 -011 >>4 # AKTRusT CREDIT UNION 2 www.oalctrust.com 14'_ oO REVEAL i 42" DRIVE - UP ATM - 4"LAP isua>~aalul~~ssa~awaa~ m~ ter. imams imax IMS.2 =R17 Ml 46 a~s~rs®€/mm//~~€/i/~/~//~~ r~iE MR&Fwax al/~na~a~~sa~ao~ra~d~~>~d>~ . x~arn. ICUSTOMER OAK TRUST CREDIT UNION CITY EAGAN STATE MN THIS DRAWING IS THE PROPERTY OF FILE NAME MT3064 04 24 06 WITH APPP.OVAL OF THI5 DRAWING I HEREBY GIVE SCHAD TRACY SIGNS PERM155ION schadrtracy TO BEGIN PRODUCTION OF THE 51GNAGE ILLUSTRATED IN THIS DOCUMENT. I AGREE sIgn.s g SALES REP. MARTY T. THAT ALL THE SPECIFICATIONS, SPELLING, COLORS AND ELEVATIONS L15TED IN TH15 DRAWING 325 m MINNESOTA sow AVE. N. N. ARE CORRECT AND APPROVED. ANY CHANGES TO THI5 DRAWING AFTER PRODUCTION SCALE 1/4" = 1'-0" P.O. BOX 357 1610 E. CLIFF RD. HAS STARTED WILL RESULT IN ADDITIONAL CHARGE5. ORONOCO, MN 55960 BURNSVILLE, MN 55337 PHONE / 507-367 -2631 PHONE / 952-894-2421 DRAWN BY DARKEN & MARTY CUSTOMER APPROVAL DATE FAX/ 507-367-2633 FAX / 952-894-2748 REVISION 6 ORIG. DATE 04/24/06 11 REV. DATE 07/05/06 FONTS USED: 7 RECEIVED JUL G 6 2006 a u W- N » aT =~QIt 10 Z N f": m Z P P U C, ~I N U N' m ao ao It U, ] a N ui - N N z ° w ~ P tsn 1 p _I Q U, z ~ Z W Q O Z Y lL W ® d o a 3 ~ a- C 01 CL LJ = i•C S33di 3NId SNILSI%3 30 MMI z J o - w , ~ LA - r~ > ml----i ----'i----------------------------------------- U/^ (n~ - H ml Z O Wit a, li I F!. rv - ~ ~ ErJ N II I ~ I ~ P iaw ® n o n ~O cm) I? ~I zx~ WO O "ll m ° Z i t Via ( C11 x II m I II I II i I , ~ ~ ~ - - \ 1 - / I I I A~~_~_ ~ n 1 Q W- I owt r u 1 I 1 ' In ➢L ~ z~'v ~co IO I In% I , \ u~ 2 :z O[ O I -..fO11.bI II ii 1-6I .E-. U t z A I - - - < _ Z _ I p o < } I II d L - ` Z p L~j N < w I Ii Z O w t7 - OL jj\ ® m Jo°L~o M II 1 I oz W O Z< L'j 1 . 1 w U = Z Z C) W C, I 1 I \ a W < _ I m 3 w n 'Cl z In J _ _ i - h - - - d W 7-5,61 Ov=a \ K~=W~w w ICiOz __I D_z UU 2 01 L S) UI N a L- uz ozQ ~-n e 3RD<= U o ~Z o Z p o $ jl ;il E;r ~ Fj > ~ - Iw1 1 z < oz CD C~ U) ` W L 1 _ _ c~ m N I~ if iIf O Y>> Y w w 0 ~ < < Oo w 3 H~n~i O TRuST 610 Opperman Drive, Building 04 N559 Y AK Eagan, MN 55123 1 340 • vvvvvv.oaktrust corn C R E D I T UNION 651.687 5982 • 800.232 6728 • Fax 65 1687 1444 SMART.c €t►1111,-.SOLUTIONS. .tune 14. 2006 Mike Ridley - City Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Mike: We will be submitting our application on or before June 21 for an amendment to our conditional use permit regarding pylon signage. The proposed sign would incorporate a brick base using the same brick used in the building. The main portion of the sign would only be 90 SF and will stand 14' tall along with being setback 10' from property line. In addition a small electronic reader board will be part of the aluminum shroud totaling only 9.33 SF please see attached drawing for additional details. Per your conversation will Marty Turner of Schad Tracy Signs we would very much appreciate you authorizing work on the brick base & electrical while construction is going on with the building. The work would be limited to trenching of electric and communication wiring, digging footings, brick work, stone caps and threaded rod to secure sign at a later date. No sign will be installed until after all approvals are given for the new sign design. Thank you again for allowing us to start on the brick base phase of the project. If you have questions or concerns, please call me at (651) 687-3934. Sincerely, ho p ~~S Susan Zimmer Lj Executive Vice President Oak Trust Credit Union L^JJ NO CID RECEIVED JUN 2 12006 7 Agenda Information Memo July 31, 2006 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENT-BLUE CROSS BLUE SHIELD ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow three (3) pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties; two (2) pylons on Ll BI Blue Cross Addition in the NE'/4 of Section 17, and one (1) pylon on Outlot A Riverpark in the SE 1/4 of Section 8. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The subject site is the Blue Cross Campus which includes the Blue Cross Main Campus Building, Riverpark I and II, Yankee Place North and South, the Child Development Center, and Blue Cross University, in the area of Hwy 13, Yankee Doodle Road, and Blue Cross Road. ➢ Existing signage includes monument signs at Yankee Doodle and Blue Cross Road, Yankee Doodle and Hwy 13, and on Yankee Drive. Directional signs within the complex direct traffic to various parking and entrance areas. ➢ The applicant is proposing a sign package in which the overall sign design and materials used will be consistent throughout the entire campus area. The package includes the addition of three pylon signs and two monument signs, and refacing four monument signs which will remain on the properties. Two existing monuments signs, currently in the location of two proposed pylons, would be removed. The design uniformity and additional signage is proposed as a way to provide way finding for emergency services and visitors to the area. The proposed pylon sign locations would meet spacing requirements of 300 feet from another pylon sign, and setback requirements of 10 feet from all property lines. ➢ The proposed site for the Riverpark pylon (at Yankee Doodle Road and Yankee Drive) in within a drainage and utility easement, which would require the applicant to file a petition to vacate a portion of the easement. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and the Commission is recommending approval of the sign package subject to conditions. 60 DAY AGENCY ACTION DEADLINE: August 21, 2006 ATTACHMENTS (2): July 25, 2006 APC Minutes on pages 7 through 7 Z. Staff Report, pages a through 70 Advisory Planning Commission Minutes July 25, 2006 Page 5 of 17 C Blue Cross Blue Shield- Pylon signs Applicant Name: United Properties Location: 3535 Blue Cross Road; Lot 1, Block 1, Blue Cross Addition Application: Planned Development Amendment A Planned Development Amendment to allow three (3) pylon directional signs and a uniform sign package for Blue Cross Blue Shield Minnesota Campus in and around the Hwy 13 and Yankee Doodle area. File Number: 17-PA-08-06-06 Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 11, 2006. He noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez inquired about the illumination of the signage. Applicant Frank Fidler responded he is confident that the lighting plan will be consistent with the City Code. Member Hansen stated the proposal makes sense; the plan is uniform, attractive and will serve the area well. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment to approve a sign package that includes the addition of 3 pylons within the Blue Cross Blue Shield campus, two pylons installed on property located at 3535 Blue Cross Road legally described as L1 B1 Blue Cross Addition in the NE'/4 of Section 17, and one pylon installed on Outlot A Riverpark in the SE'/4 of Section 8, based upon an approval of an easement vacation subject to the following conditions: 1. A petition to vacate a portion of the easement area on Outlot A Riverpark must be applied for prior to recording of the Planned Development Agreement and issuance of sign permits. 2. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office within 60 days of Council approval. Recording of the Agreement must be completed prior to issuance of sign permits. 3. A sign permit must be obtained for each new pylon and monument sign to be installed, and for each face change-out on existing signage. -71 Advisory Planning Commission Minutes July 25, 2006 Page 6 of 17 4. All pylon and monument signs shall be set back at least 10 feet from all property lines. 5. The monument at Yankee Doodle Road and Hwy 13 shall be removed prior to installation of the pylon. The pylon shall not exceed 13-1/2' in height or 96 square feet in area. 6. The monument at Yankee Doodle Road and Blue Cross Drive shall be removed prior to installation of the pylon. The pylon shall not exceed 10-1/2' in height or 54 square feet in area. 7. The pylon at Yankee Doodle Road and Yankee Drive shall not exceed 9' in height or 40 square feet in area and applicant must obtain approval of a petition to vacate a portion of the easement area prior to installation. 8. All signs shall be similar in design, font and materials used with brick bases, aluminum square tubing posts, brushed aluminum faces, and black lettering. 9. 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: 6-0. 72-w PLANNING REPORT CITY OF EAGAN REPORT DATE: July 11, 2006 CASE: 17-PA-08-06-06 APPLICANT: Bill Everson, United Properties HEARING DATE: July 25, 2006 PROPERTY OWNER: Blue Cross Blue Shield APPLICATION DATE: June 21, 2006 REQUEST: Planned Development Amendment PREPARED BY: Mary Granley LOCATION: Ll B 1 Blue Cross Addition (3535 Blue Cross Road) and Outlot A Riverpark Office Center (1800 Yankee Doodle Road) COMPREHENSIVE PLAN: O/S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST Bill Everson of United Properties is requesting approval of a Planned Development Amendment to allow three pylon signs on Blue Cross Blue Shield properties; two pylons on L1 B 1 Blue Cross Addition in the NE '/4 of Section 17, and one pylon on Outlot A Riverpark in the SE '/4 of Section 8. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The 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. Chapter 11.70, Subd. 28. states in part that when an area identification is required, such as for a major complex, up to one freestanding or pylon sign may be allowed for each major adjacent street, after Council reviews the application to determine the maximum size, and taking into account such factors as terrain, safety, etc. It further states that no pylon may project more than 27 feet above lot level or exceed 125 square feet in area per side. No pylon may be located within 300 feet of any other pylon sign. The ~13 Planning Report - Blue Cross Blue Shield July 11, 2006 Page 2 applicant shall submit pylon design information to the City concerning the request prior to action by the Council upon the application. BACKGROUNWHISTORY The original Planned Development for the Blue Cross Addition was approved in 1981 and specified limited business, low and medium density residential, and park uses. A new preliminary Planned Development master plan was created in 2003. The Planned Development consists of office, low to medium residential, and daycare uses to be developed in four phases over 25 years. There are preliminary and final PD Agreements related to this site. The Planned Development for Riverpark Office Center was approved in 1999 for the addition of four office buildings to a site with an existing four-story office building. An amendment to the Planned Development in 2004 allowed for rezoning and adding the R.L. Johnson 2"d Addition to this Planned Development, and included two existing office buildings. Blue Cross Blue Shield is the second-largest employer in the City of Eagan. Blue Cross properties include the Blue Cross Main Campus Building, Riverpark I and H, Yankee Place North and South, the Child Development Center, and Blue Cross University. Blue Cross property ownership in Eagan accounts for at least 15 parcels and over 190 acres. EXISTING CONDITIONS The Blue Cross Addition between Hwy 13 and Blue Cross Road south of Yankee Doodle is the main campus building for Blue Cross Blue Shield and houses the headquarters operations including finance and human resources. Signage currently on the three parcels for the main campus building includes Blue Cross site monuments at Yankee Doodle and Blue Cross Roads, and Yankee Doodle and Hwy 13. Directional signs within the complex direct traffic to various parking and entrance areas within the main campus. The Riverpark location at Yankee Doodle Road and Yankee Drive provides customer service, claims adjudication, real estate, and facilities services. Signage currently on the two parcels for the Riverpark location includes a Blue Cross Riverpark Campus site monument at the main entrance on Yankee Drive. Directional signs within the complex direct traffic to various parking and entrance areas within the Riverpark campus. SURROUNDING USES The subject Blue Cross properties are surrounded by office service, residential, and industrial uses. EVALUATION OF REQUEST History - Blue Cross Blue Shield and United Properties staff began meeting with City police, dispatch, fire, and code enforcement staff in May 2005 to address the need for way finding methods Iq Planning Report - Blue Cross Blue Shield July 11, 2006 Page 3 around and within the large Blue Cross Blue Shield campus area. This need came about to assist in timely emergency police, fire and medical response, and to aid visitors to the campus. Updated address numbers on buildings and entrance numbers on doors have been installed, and two address changes have been approved and implemented in response to this need. Blue Cross Blue Shield has created a sign package that focuses on uniformity in sign design, text, and content to provide clear direction to the various buildings and addresses within the campus area. Description of Proposal -Blue Cross Blue Shield is proposing a sign package that includes adding three pylon signs and two monument signs, and refacing four monument signs. Two existing monument signs, currently in the location of two proposed pylons, would be removed to allow for pylon placement. Proposed Design, Size and Location Changes to the Freestanding Signnage • The applicant is proposing a sign package in which the overall sign design regarding materials used, text font style and content information presented on the signage is consistent throughout the entire campus area. The campus area includes Riverpark I and II, Blue Cross University, Blue Cross Main Campus, Yankee Place North and South, and the Child Development Center. • All pylon signage will consist of a brick base matching the exterior of the building on the property. All monument signage will consist of either a brick base matching the exterior of the building on the property or aluminum square tubing posts. • All pylon and monument signage are proposed with matching brushed aluminum finish faces. Flat cut-out aluminum letters will be painted in black to contrast the brushed aluminum surface background. All signage would display text in an easy-to-read Frutiger font, and includes directional arrows and the Blue Cross Blue Shield logos. It is proposed that some signs will be externally lit with flood lights, if deemed necessary after installation. • The pylon at the corner of Yankee Doodle Road and Hwy 13 is proposed to be 13-1/2' in height with a 96 square foot face. It will replace an existing monument sign at this location. The pylon at the corner of Yankee Doodle Road and Blue Cross Road is proposed to be 10-1/2' in height with a 54 square foot face. It will replace an existing monument sign at this location. The spacing between these two pylons is approximately 800 feet. The pylon at the corner of Yankee Doodle and Yankee Drive is proposed to be 9' in height with a 40 square foot face. • The two "Yankee Place" existing monuments visible from Hwy 13 are proposed to have sign face changes to indicate the location of the Blue Cross Yankee North and South buildings. • A new 6'-6"monument is proposed for the Blue Cross Main Campus building at the entrance on Blue Cross Road. • A new 5' monument is proposed for the Yankee Doodle Road entrance into Yankee North, and an existing monument at the Yankee Drive entrance into Yankee South will be refaced. • The Blue Cross University sign is proposed to have a sign face change. 75 Planning Report - Blue Cross Blue Shield July 11, 2006 Page 4 • The freestanding signage will be setback at least 10 feet from all property lines, and will meet the 300' minimum spacing requirements between all pylon signs. Staff has noted that the location indicated for the Riverpark pylon (at Yankee Doodle Road and Yankee Drive) is within a drainage and utility easement, which requires the applicant to file a petition to vacate a portion of the easement proposed to be occupied by the pylon. SUMMARY/CONCLUSION On behalf of Blue Cross Blue Shield of Minnesota, Bill Everson of United Properties is requesting approval of a Planned Development Amendment to allow three pylon signs as part of a proposed sign package for the Blue Cross Blue Shield campus area. The package includes the addition of two monument signs and the refacing of four existing monument signs. The proposed package mimics existing monument and directional signage in design to provide uniformity throughout the campus area. The proposed package will provide improved way finding methods to support the timely response of emergency services and direct visitors to the campus complex. The proposed location of the Riverpark pylon would require approval of a petition to vacate a portion of an easement area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to approve a sign package that includes the addition of 3 pylons within the Blue Cross Blue Shield campus, two pylons installed on property located at 3535 Blue Cross Road legally described as L1 B1 Blue Cross Addition in the NE 1/4 of Section 17, and one pylon installed on Outlot A Riverpark in the SE '/a of Section 8, based upon an approval of an easement vacation. If approved, the following conditions should apply: 1. A petition to vacate a portion of the easement area on Outlot A Riverpark must be applied for prior to recording of the Planned Development Agreement and issuance of sign permits. 2. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office within 60 days of Council approval. Recording of the Agreement must be completed prior to issuance of sign permits. 3. A sign permit must be obtained for each new pylon and monument sign to be installed, and for each face change-out on existing signage. 4. All pylon and monument signs shall beset back at least 10 feet from all property lines. Planning Report - Blue Cross Blue Shield July 11, 2006 Page 5 5. The monument at Yankee Doodle Road and Hwy 13 shall be removed prior to installation of the pylon. The pylon shall not exceed 13-1/2' in height or 96 square feet in area. 6. The monument at Yankee Doodle Road and Blue Cross Drive shall be removed prior to installation of the pylon. The pylon shall not exceed 10-1/2' in height or 54 square feet in area. 7. The pylon at Yankee Doodle Road and Yankee Drive shall not exceed 9' in height or 40 square feet in area and applicant must obtain approval of a petition to vacate a portion of the easement area prior to installation. 8. All signs shall be similar in design, font and materials used with brick bases, aluminum square tubing posts, brushed aluminum faces, and black lettering. 9. A landscape plan illustrating the location of landscaping to be removed and replaced shall be submitted. Eagan Boundary /V Parcel Area Location Map ~ParkArea - Building Footprint A -1 NN% • tat Rroaeh 10 " ET oPC ~ ' ~ ' ~ ♦ ~ i 1 a ' ~ 1 . ~r 1 M ! . 41 1 1 DONAUOeourb ' Subject S e eas Subject Site 1 IF . AaraDRY ROAD ■ ■ ■ t w AWIWR All, CRINIT RIDGE LANE aia~ Bill . 4 rortsRer uwc ~ ■ 1000 0 1000 2000 Feet Development/Developer. Blue Cross Blue Shield Application: PD Amendment Case No.: 17-PA-08-06-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. 0 City of EaQaIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY -1 w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 Community Development Department not responsible for errors or omissions. I LOGISMap Output Page Page 1 of 1 ~ r J - ` ,l r~ / ' eta, Q J s 5 fE3 (f( ©v~ i1 P1 ' E1 t r° !r ,s fir ~ f,, E2 > f ;v F' iy: ff, i` El i M2 , a;P1 - P3 = Proposed Pylon Signs M1 & M2 = Proposed Monument Signs E1 - E3 = Existing Monument Signs (faces to be changed) t SITE PLAN a 9001 1 Z Nnf 03AI3338 m } , ~o 1111 m c ? 11 1 tA~ o 0 0 111I1i ~ O= O M~ 1 W 0~0 = A, 111 i m M M ~ ~ F- ';111 ~1 ca D 1 ,1;1111 4m 1 1 4 o 0 M O N Ajq 00 O - ~ ~ 11 M 11 1 4) -C 00 _ d -°1 11111 ) m e o 0 0 1111 4-0 M 00 4- i~ ~ o 0 1111 O UVI 0 Oar i. 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M a~ ~ N 00 O O 1111 Q Z n 00 °C 1 hl Ln 1111 00 ~ ~ ~ ~ 11 111 00 o il~llll m IA 0 1111111 n C14 Ln ° O a~ ~tlll 4- M " Old Ln O o Ln~ N~ 11 ~ M m ~ l;l~l;l 11 y ♦ 4' 11111 1 ~1 O !1111'1 1 0 ~ V O aN ~ _ c O N Li to C ~ m m 1750 Yankee Doodle Road New Standard BCBS ID sign ~a 132 in BlueCross BlueShiel'd u of Minnesota -i3 d 1750 Yankee Doodle-_,''a a ,Y I ~ 14 a BlueQuss Blue Shiel ' . of Minnesota +j - nsorda. oooa. _ i rr June 20, 2006 *9is -SYSTEMS 9975 Flanders Court NE, Blaine, MN, 55449 (763) 784-5858 (763) 784-2300 Fax Project Manager: Dan 6inkel t M1 SIGN PLAN g~ RECEIVED JUN 2 12006 3535 Blue Cross Road New Standard BCBS ID sign 156 an BlueCross BlueShield " a of Minnesota 3535 Blue Cross Ro;a u -IRE BlueGoss &uegtwe ® of Minnesota 3535 81- 4ms Rul I Jr ~ June 20, 2006 SIG "SYSTEMS 9975 Flanders Court NE, Blaine, MN, 55449 (763) 7845858 (763) 7842300 Fax Project Manager: Dan Ginkel M2 SIGN P RECEIVED JUN 2 7 1750 Yankee Doodle Road Reface exisiting two single face "Yankee Place" signs. 99.1 in BlueCross BlueShield ® of Minnesota 7 7L 1750 Yankee Doodle Road 0,01 Bluecross BlueShield of Minnesota 1750 Yankee Doodle Rd June 20, 2006 ~SJO `SYSTEMS 9975 Flanders Court NE, Blaine, MN, 55449 (763) 7845858 (763) 784-2300 Fax Project Manager: Dan Ginkel El SIGN PLAN ECEIVED JUN 2 12006 9 1750 Yankee Doodle Road New Faces for Existing Sign at South Entrance BlueCross BlueShield 111119of Minnesota ~ l~rq 4 ♦ Deliveries 1750 Yankee Doodle Road BlueCross BlueShield 11109of Minnesota Visitors Please Use Yankee Doodle Road Entrance. 1750 Yankee Doodle Road Js June 20, 2006 _ ~si srsTEMS 9975 Flanders Court NE, Blaine, MN, 55449 (763) 784-5858 (763) 784-2300 Fax Project Manager: Dan Ginkel E2 SIGN PLAN ~ 900Z t Z Nnr 03AI3338 w 44 t - c Y o Los 4) s tv Q m kA c 7rm 4-0 M x LL 0 00 o VI M N C\ %A E a. p M V co 4) Do Tom 4) M a m lilt Ln a) Ln o~ z m LLI ' L a V O ~ O aN c O ~ N LL d Ln • C ~ Q~ Q Agenda Information Memo July 31, 2006, Eagan City Council Meeting D. CONDITIONAL USE PERMIT - TIZIANI GOLF CAR ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of 3,000 golf cars and utility vehicles for Tiziani Golf Car located at 3245 Terminal Drive in the SE'/4 of Section 08; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is proposing to store up to 3,000 golf cars (electric or gas cars) and utility vehicles onsite during the winter months. ➢ The outdoor storage of the golf cars is proposed in the rear and side yard of the site. There will be a 30 foot drive aisle around the buildings per Fire code requirements. ➢ The existing parking and storage areas are paved with blacktop or concrete surfaces. The applicant is proposing to construct and maintain new storage areas with a recycled asphalt aggregate gravel surface. ➢ The applicant agreed to supply a plan reflecting required parking. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and is recommending approval. ISSUES: ➢ City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The applicant is proposing a recycled bituminous surface similar to outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. ➢ Similar to other outdoor storage CUP's, staff has added a condition of staff review of the maintenance and adequacy for dust and damage control. 60 DAY AGENCY ACTION DEADLINE: August 20, 2006 ATTACHMENTS (2): Advisory Planning Commission Min on page ell' 10^ 1 through Staff report on pages Advisory Planning Commission Minutes July 25, 2006 Page 7 of 17 D Tiziani Golf Car Corp. Applicant Name: Tiziani Golf Car Corp. Location: 3245 Terminal Drive; Lot 1, Block 1, Bachmans Eagan Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of golf cars. File Number: 08-CU-07-06-06 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated July 12, 2006. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Dugan asked the applicant to address parking. Ted Carlson, Welsh Companies stated intent to provide the required number of parking stalls. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of golf cars on property located at 3245 Terminal Drive in the SE'/4 of Section 08 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage is limited to 3,000 golf cars and utility vehicles. 3. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 4. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 5. (A)T-he proposed eutdoor stGFage areas shall be surfaGed with bitumiReus asphalt. OR 5. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject 09 Advisory Planning Commission Minutes July 25, 2006 Page 8 of 17 to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. An approved turn around should be installed on the south side of the building for fire trucks. 8. Any outdoor storage visible from the public right-of-way shall be screened from view. 9. The applicant shall provide a revised site plan depicting 51 parking spaces upon the site. A vote was taken. All voted in favor. Motion carried: 6-0. 9D PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 2006 CASE: 08-CU-07-06-06 APPLICANT: Tiziani Golf Car Corp. HEARING DATE: July 25, 2006 PROPERTY OWNER: Gliori Properties APPLICATION DATE: June 21, 2006 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3245 Terminal Drive COMPREHENSIVE PLAN: 1ND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of golf cars and utility vehicles on property located at 3245 Terminal Drive in the SE I/4 of Section 08. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. q1 Planning Report - Tiziani golf car CUP July 25, 2006 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site was previously owned and operated by Bachman's. The property was platted in 2005. EXISTING CONDITIONS There are two existing buildings onsite and one large cement slab (previous location of greenhouses). The site generally slopes toward the west side of the site. The western one-half of the site is heavily wooded. SURROUNDING USES The subject site is surrounded by I-1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by industrial properties with outdoor storage nearby. Outdoor storage is typical in Industrial areas. Proposal - The applicant is proposing to store up to 3,000 golf cars (electric or gas cars) and utility vehicles onsite during the winter months. The applicant's business Tiziani Golf Car is a retailer and wholesaler of golf car and utility vehicle sales, leasing, part sales, service and special 92.... Planning Report - Tiziani golf car CUP July 25, 2006 Page 3 event rentals. According to the applicant they sell "approximately 4,000 new and used golf cars per year to golf courses and on the wholesale market." Hours of operation are Monday through Friday 8:00am to 5:00pm, and summers 9:00am to 12:00pm on Saturdays; there will be 21 fulltime and 6 part time employees. The applicant proposes to remodel the existing buildings and build a structure on the concrete slab as a future phase. Industrial lighting and security cameras will be installed along with a 6- foot fence with barbed wire. Recycled Bituminous is proposed for the storage area. Site Plan - The outdoor storage of the golf cars is proposed in the rear and side yard of the site. There will be a 30 foot drive aisle around the buildings per Fire code requirements. Outdoor Storage Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The entire back lot is enclosed by a fence; other areas of storage will be enclosed by a fence. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The main storage area is located in the rear of the buildings and is not encroaching into building setbacks. Some storage will take place in the side yard meeting building setbacks. c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area that will be visible from the public-right-of way will need to be screened. d. The storage area shall not interfere with any pedestrian or vehicular movement. Drive aisles will be maintained in the storage area that will not affect vehicular movement, there is limited pedestrian movement. e. The storage area shall not take up required parking spaces or landscaping areas. The parking requirement for the existing buildings is 51 stalls; the Site Plan does not indicate how many stalls are present. The applicant's narrative indicates there will be up to 26 employees on the site, the applicant should depict the ability to accommodate 51 parking spaces. It appears there is enough room on the site to meet parking requirements. 7-~ Planning Report - Tiziani golf car CUP July 25, 2006 Page 4 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. According to the applicant the storage area will be surfaced with recycled bituminous for dust control and erosion, this material has been used in the past for other outdoor storage uses in this industrial area. Grading- The existing site generally slopes toward the west side of the site. The western one-half of the site is heavily wooded. The existing parking and storage areas are paved with blacktop or concrete surfaces. The applicant is proposing to construct and maintain new storage areas with a recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of these outdoor storage areas with concrete curb and gutter. City code requires that all off- street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas, generally under Conditional Use Permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's codified land disturbance and erosion control regulations. Storm Drainage - Storm water runoff from the site will drain overland toward Pond CP-8 to the west of the property. Utilities - No new connections to the public water and sewer systems are proposed with this application. Access - Public street access is available from one existing driveway onto Terminal Drive to the east. There is 30 foot drive aisles proposed internally for fire access; a turn around on the south side of the site should be installed to accommodate the fire trucks. qq Planning Report - Tiziani golf car CUP July 25, 2006 Page 5 SUMMARY/CONCLUSION The applicant is proposing to store up to 3,000 golf cars (electric or gas cars) and utility vehicles onsite during the winter months. The applicant's business Tiziani Golf Car is a retailer and wholesaler of golf car and utility vehicle sales, leasing, part sales, service and special event rentals. According to the applicant they sell "approximately 4,000 new and used golf cars per year to golf courses and on the wholesale market, fewer than 150 cars and a limited number of parts are sold on a retail basis." Hours of operation are Monday through Friday 8:00am to 5:00pm, and summers 9:00am to 12:00pm on Saturdays; there will be 21 fulltime and 6 part time employees. The applicant proposes to remodel the existing buildings and build a structure on the concrete slab as a future phase. Industrial lighting and security cameras will be installed along with a 6- foot fence with barbed wire. Recycled Bituminous is proposed for the storage area. Outdoor storage requirements are met as proposed the applicant should address parking. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of golf cars on property located at 3245 Terminal Drive in the SE '/a of Section 08. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. Outdoor storage is limited to 3,000 golf cars and utility vehicles. 3. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. 4. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 5. (A)The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 5. (B)If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 6. All parking and storage areas shall be properly maintained to prevent deterioration. 7. An approved turn around should be installed on the south side of the building for fire trucks. 8. Any outdoor storage visible from the public right-of-way shall be screened from view. g5 Eagan Boundary N Right-of-way Para Location Map ~Park Area O k Area - Building Footprint M 4r 1 , .t . AI ♦ , e i Ptg~ i ® s. o war r 6L ° Sub'ect Site ® ' T ~ E 9 o . ~ ~ • ~ 1 111 R 4 L -Ea . ~'v ® ~ ~ 11 11 ~ Q P g4Q Q® ' • ■ a mom eo L05 'PEN o 1000 0 1000 2000 Feet Development/Developer. Tiziani Golf Cars Application: Conditional Use Permit Case No.: 08-CU-07-06-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided ^ N of 1y1(] gn by Dakota County Office of GIS and is current as of April 2005. / , My Oj Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY (M// 0 W+E The City of Eagan and Dakota County do not guarantee the accuracy of this inform ion and are S Community Development D.partment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Tiziani Golf Cars Land Use Map Conditional Use Permit 08-CU-07-06-06 Zoning Map 1-1 Location Current Zoning: 1-1 Limited Industrial T 1-1 PF -1 1110111 1111, 1-1 1 1-1 w~ A P R-1 R-1 0 800 0 600 1200 Feet \ S asses Comprehensive Guide Plan p IN Land Use Map P IND Location HD QP Current Land Use Designation: MD IND IND MD IND LD Industrial QP LD IND M =o' v' LD =3 Goo 0 000 1200 Feet \ IND Parcel bass map Information providedby Dakota County Land 3U y Departmett Decmbar 2003. N Zoning information maintained byCity Stag City of EajaIl 9 W + E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Informs Ion. S a °I.r 95 4 C41 -S a= _ i \ 1;2 14, 3. CD TO \ i. -TZ ``D-. C; Rvr~g 26 - r~-~~ •-3~O Z-- o.R O I • / -8 D Z ~?L-2876] p. <..e r '59'20- '7557 a.D n w w TTI B 1 _ i p 4' L p j ~y. 77 C, 5i s 2 Or), ~:d0 _ d ~p oRo _ ~ q : qF ~ 5~ aw 4d° o ei x z 3 " sF e e =WA - 3 ° C • V Conditional Use Permit Submittal Checklist Written Narrative • Comprehensive Guide Plan Designation - Industrial Use (existing and proposed) • Zoning Classification - Industrial (existing and proposed) • What do you want to do; timing/phasing - o Move entrance from back of front building to the side of the building (phase #1). o Move fence on south side of the property as far south as possible (phase #3) o Build structure over concrete pad in south center of property (phase #2) o Clear brush behind second building - up to the point the land begins to slope (phase #1) o Add recycled bituminous to the area that will provide storage to golf cars and utility vehicles (phase #1) o Golf car storage outside in various parts of the property up to 3,000 cars during the winter months (phase #1) o Add industrial lighting, cameras and 6 foot fence with barbed wire for security purposes (phase #2) o Remodel both buildings to meet our showroom, parts and service needs (phase #1) • Additional Information o Hours of Operation - Monday through Friday 8:00 am to 5:00 pin, Saturdays 9:00 am to 12:00 pm (summer only) o Number of Employees: 21 Full-time and 6 seasonal part-time o Type of business: Wholesale golf car and utility vehicle sales, leasing, part sales, service and special event rentals. We sell approximately 4,000 new and used golf cars per year to golf courses and on the wholesale market. o Company will engage in routine trucking of golf cars and utility vehicles at various hours of the day and various days of the week. • Existing Land Uses on Subject Property: The property is currently vacant. The property was previously used as a greenhouse and industrial sales location for Bachman's. • Surrounding Land Uses and Zoning within 660 feet: All areas within 660 feet surrounding the property are zoned for industrial uses. Please see Radius Report for surrounding landowners. RECEIVED JUL ° 62006 Ll qq Agenda Information Memo July 31, 2006, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - FENDLER PATTERSON ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW 1/4 of Section 10. The proposed PD Amendment specifically includes requests for the following: a) Pylon sign b) On-sale 3.2 beer and wine, in conjunction with restaurant uses c) Drive-through service d) Class Il or "fast casual" restaurant uses REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site is vacant and was previously graded. ➢ The applicant is proposing a 10,712 s.f. multi-tenant retail center. ➢ The proposed development utilizes the existing shared driveway access; the proposed drive-through service is located on the north end of rear of building, the stacking lane is screened from the right-of-way. A pylon sign is proposed on the SW corner of the site. CSC setback, lot coverage and dimensional standards are satisfied. ➢ Building materials and colors are designed to match other nearby commercial buildings, and the architecture is designed to mimic features of the adjacent Wings credit union and Slumberland buildings. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and recommended approval of the PD Amendment. 60-DAY AGENCY ACTION DEADLINE: August 29, 2006 ISSUES: None ATTACHMENTS (2): through APC Meeting Minutes, pages IM Staff report, pages through 125 1C~ Advisory Planning Commission Minutes July 25, 2006 Page 9 of 17 E Wings Addition Applicant Name: Fendler Patterson Location: Lot 2, Block 1, Wings Addition Application: Planned Development Amendment A Planned Development Amendment to allow a multi-tenant retail center, a Class II restaurant up to 4500 sq. ft., drive thru service and on-sale 3.2 beer and wine, and a pylon sign. File Number: 10-PA-09-06-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 2006. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. John Patterson, Fendler Patterson addressed green space, building materials, and parking requirements. Assistant City Engineer John Gorder addressed the potential future round-about intersection and 1-35E bridge crossing. Member Zoberi stated there is an adequate amount of fast food restaurants and strip malls in the area and the City is lacking a sporting goods store and the space should be utilized for such a use. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW '/4 of Section 10 subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Landscape Plan • Building Elevations • Signage Plan • Site Lighting Plan IC)I Advisory Planning Commission Minutes July 25, 2006 Page 10 of 17 2. A Final Planned Development Agreement shall be executed and recorded prior to commencing construction. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 3. On-sale liquor shall occur only in conjunction with a restaurant. 4. The developer shall provide private ingress/egress easement across all of Lot 2 to allow for the possible relocation of the current access driveway to Wings Addition, if necessary. 5. The developer shall confirm that the 30% minimum green space standard is satisfied. 6. A revised Landscape Plan shall be provided for incorporation into the Final PD Agreement which includes modifications to provide additional landscaped areas and corrected notes. All landscape areas shall have automatic irrigation and planting specifications shall note trees are to be planted with the root flare even with finished grade. 7. The Site Lighting Plan shall be revised to provide better uniformity and better security in the southeast parking lot. 8. The size and number of tenant signage shall be subject to City Sign Code requirements. All building signage shall consist of individual backlit channel letters. Can or cabinet signs shall not be allowed. A vote was taken. Aye: Chair Hansen, and Members Dugan, Keeley, Chavez, and Heaney. Nay: Member Zoberi. Motion carried: 5-1. O~ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2006 CASE: 10-PA-09-06-06 APPLICANT: Fendler Patterson HEARING DATE: July 25, 2006 PROPERTY OWNER: Wings Financial APPLICATION DATE: June 30, 2006 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 3240 Denmark Avenue COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW 1/4 of Section 10. The proposed PD Amendment specifically includes requests for the following: a) Pylon sign b) On-sale 3.2 beer and wine, in conjunction with restaurant uses c) Drive-through service d) Class 11 or "fast casual" restaurant uses AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The 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 1995, with the development of the Eagan Promenade shopping center, Denmark Avenue was extended north from Yankee Doodle Road east of I-35E, curving to the east becoming Northwood ld~ Planning Report - Fendler Patterson July 25, 2006 Page 2 Parkway and connecting to Lexington Avenue. The road left a remnant 3.28 triangular parcel southeast of Denmark Avenue/Northwood Parkway. In 1999, a Preliminary Planned Development was approved for the 3.28 acre site which identified potential commercial uses for the site, including retail and restaurant uses. Wings Financial developed the northeastern half of the site in 2004, providing a single driveway access to Denmark Avenue for the entire 3.28-acre parcel. Wings subsequently subdivided the property in 2005, creating a separate parcel consisting of the subject site. EXISTING CONDITIONS The property is currently vacant and was graded with previous development. The topography is flat and storm water ponding was constructed with the adjacent Wings development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North I-35E/Fireside ROW/PD, Planned Development ROW/SA, Special Area East Wings Financial PD, Planned Development SA, Special Area South Berl 's (Promenade) PD, Planned Development SA, Special Area West I-35E ROW ROW EVALUATION OF REQUEST Proposal - The applicant is proposing to construct a 10,712 sq. ft. multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue. The proposed PD Amendment specifically includes requests for the following uses which are typically considered conditional uses in the CSC zoning district: a) Pylon sign b) On-sale 3.2 beer and wine, in conjunction with restaurant uses c) Drive-through service d) Class 11 or "fast casual" restaurant uses - up to 4,500 sq. ft. and not exceeding 84 seats Compatibility with Surrounding Area - The proposed multi-tenant retail building is compatible with the surrounding uses which consist of retail and a credit union. Drive-through service was approved for the adjacent credit union, and appears to be appropriate in this location as well. Airport Noise Standards - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. I CYA Planning Report - Fendler Patterson July 25, 2006 Page 3 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 commercial retail will be considered consistent within Zone 4. Site Plan - The proposed development utilizes the existing shared driveway access to Denmark Avenue that was established with the Wings Financial construction. The proposed drive-through service is located on the north end of the rear elevation. The stacking lane is behind the building which screens it from the right-of-way. The required 5-vehicle stacking space is provided. Trash storage is provided in an enclosure attached to the building on the south end on the rear elevation. The enclosure is constructed of brick and block to match the building, with steel gates with 2x6 cedar stained to match the brick. The pylon sign is proposed on the southwest corner of the site. Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district, the CSC standards are applicable for comparative purposes. Green Space - Green space and impervious calculations were not provided. The CSC zoning district requires a minimum of 30% green space. The developer shall confirm that the 30% standard is satisfied. Setbacks - CSC zoning requires a front building setback of 30 feet, side yard setback of 10 feet, and rear yard setback of 20 feet. The proposed retail building satisfies these setbacks. The building is set back more than 80 feet from the right-of-way, and 20 feet from the side yard. The proposed rear yard setback far exceeds the minimum required 20 feet. Required parking setbacks are 20 feet from a public right-of-way and 5 feet in side and rear yards. The proposed parking lot is set back 20 feet from Denmark Avenue, and 7.5 feet from the south lot lines. The lot shares a private access drive with the Wings Financial Credit Union to the northeast so there is zero pavement setback there, however, actual parking stalls are set back a minimum of 15 feet from that property line. Building CoveragelHeight - The 10,712 sq. ft. building covers 15.2% of the lot area, which is less than the CSC maximum of 30%. The proposed building measures 27'4" to the highest point. Building Architecture/Elevations - The proposed building is an in-line retail center with separate entrances for each tenant space. The building utilizes a burnished concrete masonry unit base with cultured stone and brick. The roof line is varied in height and the elevated portions utilize a finished metal panel and parapet, "fins", to match the metal on the Wings Financial building. The sign panels above each tenant space are an EFIS material. While the ordinance does not strictly apply to PD zoning, it does apply to CSC zoning, which is the basis for evaluation of this proposal. The pertinent ordinance requirements are summarized below: Planning Report - Fendler Patterson July 25, 2006 Page 4 • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of Class I materials brick, glass, natural stone, copper panels, and comparable or superior materials and utilize at least three such materials. • Up to 35% of the building may be comprised of Class II or Class III materials specialty concrete block (including rock faced block), masonry stucco, EFIS, architecturally precast textured concrete panels, opaque panels, ornamental metal and other comparable or superior materials. • Not more than 10% may be Class IV materials smooth concrete block or tip-up panels, scored concrete block, ceramic, glass block, wood or other similar materials. Building materials consist of cultured stone, glass, brick, EFIS, burnished CMU and metal panels and "fins." The allocation of exterior materials is not quite consistent with the requirements. The Class I materials, brick and glass, along with the metal parapets, comprise 63.24% of the building. While metal is not typically considered a Class I material, it is a primary material on the adjacent Wings building and the architect is proposing materials to match and tie in with that existing building. EIFS, CMU and accent materials comprise 36.76% of the building. The acceptability of the proposed materials and architectural design is a policy matter to be determined by City officials. Parking - A total of 59 parking stalls are proposed. City Code requires 53 parking stalls for the proposed 10,712 sq. ft. retail building. Restaurant uses do change the parking requirements as they are based on seating capacity rather than square footage area. Up to 4,500 sq. ft. of the building is anticipated for potential restaurant uses, not to exceed 84 seats. If 4,500 sq. ft. of the building were to be restaurant uses with 84 seats, a total of 59 parking stalls would be required (31 for the 6,212 sq. ft. of retail plus 28 for the 84 restaurant seats). Parking stalls are consistent with the dimensional standards in the City Code. They are 10' wide, and 19.5' deep, with 24' wide drive aisles. Landscaping - The proposed landscape plan appears to provide thee required screening of parking areas from the public right-of-way. The proposed landscaping along Denmark Avenue consists of both deciduous (spirea and cranberrybush) and evergreen (juniper) shrubs. These materials are consistent with those used on the neighboring Wings property. The City Code provides the investment in plant materials should be equal to 3% of the building value. Staff is skeptical that this plan achieves that level of investment. Landscape features should be added around the base of the proposed pylon sign and also at the driveway entrance to the site. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare rather than the root ball even with finished grade. This will prevent planting too deep which can negatively impact the long-term health and viability of the trees. I DOO Planning Report - Fendler Patterson July 25, 2006 Page 5 A revised Landscape Plan should be provided for incorporation into the Final PD Agreement which includes the above modifications. Site Lighting - Site lighting is proposed to be accomplished through free-standing pole-mounted lighting. The proposed fixtures are 400 watt metal halide, single-head fixtures. Mounting heights were not specified. Typically, minimum light levels of 0.5 foot-candles within parking lots, and maximum light levels of 1.0 footcandle at the property line are considered acceptable. The Illuminating Engineering Society of North America (2003) manual suggests an average-to-minimum uniformity ratio not greater than 4:1. The ratios proposed for this plan are 4.88 in the southeast parking area and 2.21 in the northwest parking area. The southeast parking lot is more likely to be utilized by employees, and it is less visible from the right-of-way. For these reasons, lighting should be enhanced in the southeast lot to provide better uniformity and better security. Signage - The applicant is proposing a pylon sign on the southwest corner of the site. The proposed pylon sign meets the spacing guidelines of 300 feet from the nearest pylon sign ont eh same side of the street. The proposed sign consistent with City Sign Code requirements for height and area 27 feet in height and 125 sq. ft. of sign area. The pylon sign structure is proposed to consist of the same block base with decorative stone and brick as the principal building. Building signage is proposed on the north (front) elevation, and on the east and west endcap spaces. Building signs are proposed within the EIFS panel above each entrance. Consistent with the Sign Code, building signage shall be evenly distributed between all tenants and shall be similar in design. While specific sign specifications were not provided, the color rendering of the building appears to show individual backlit channel letters. The size and number of tenant signage shall be subject to City Sign Code requirements. Grading/Utilities/Storm Drainage - All engineering issues related to grading, utilities and storm drainage were addressed with building on Lot 1 and will be further addressed with building permit submittal on Lot 2 for this development. Streets/ Access/ Circulation - Public street access is available from Denmark Avenue/ Northwood Parkway to the west. The development proposes public street access at one location, at the shared full vehicle -movement driveway at the common lot line of Lots 1 and 2. As part of the City's planned Ring Road, Northwood Parkway will be extended via bridge over I- 35E in the area near this development. As part of this extension, Denmark Avenue will intersect Northwood Parkway. The configuration of the intersection may be as a circular roundabout, with the shared access to Wings Addition as one of the legs of the roundabout. The design will attempt to accommodate the current location of the shared driveway access, but the current location may not be able to be accommodated by the design. The preliminary design of the bridge and potential roundabout was approved by the City Council on June 6, 2006 and is scheduled to be completed by December, 2006. The developer should provide private 101 Planning Report - Fendler Patterson July 25, 2006 Page 6 ingress/egress easement across all of Lots 1 and 2 to allow for the possible relocation of the current access driveway to Wings Addition, if necessary. Easements/ Permits/ Right-of-Way - Private ingress/ egress easement providing for the shared driveway between Lots 1 and 2, in a form acceptable to the City Attorney, should be prepared and executed by the developer prior to release of the Final PD Agreement for recording. Wetlands/Water Quality - Both storm and water quality ponding were provided for this site with the development of the credit union on the northeastern portion of the property. Tree Preservation - There is no significant vegetation on the site, so a Tree Preservation plan is not necessary. Parks and Recreation -Parks and trails dedications have been previously satisfied for this lot. SUMMARY/CONCLUSION The applicant is proposing to construct a 10,712 sq. ft. multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue. The proposed PD Amendment specifically includes requests for several uses which are typically considered conditional uses in the CSC zoning district: a) a pylon sign, which is proposed to meet City Sign Code requirements; b) on-sale 3.2 beer and wine, in conjunction with restaurant uses; c) drive-through service; and d) Class II or "fast casual" restaurant uses - up to 4,500 sq. ft. and not exceeding 84 seats. The proposed pylon sign meets Sign Code standards. The proposed drive through is located along the rear of the building which provides sufficient stacking space and screening from the right-of-way. There are no residential or other uses in the vicinity that are incompatible with the proposed on-sale liquor. Parking is provided in an amount that can support the proposed amount of restaurant space/seats. Some modifications to the proposed Landscape Plan and Site Lighting Plan are needed. The proposed building architecture and materials are designed to tie together with the materials and colors used on the adjacent Wings credit union building. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to construct a multi-tenant retail center upon approximately 1.6 acres located at 3240 Denmark Avenue, legally described as Lot 2, Block 1, Wings Addition, in the SW 1/4 of Section 10. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Landscape Plan Planning Report - Fendler Patterson July 25, 2006 Page 7 • Building Elevations • Signage Plan • Site Lighting Plan 2. A Final Planned Development Agreement shall be executed and recorded prior to commencing construction. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 3. On-sale liquor shall occur only in conjunction with a restaurant. 4. The developer shall provide private ingress/egress easement across all of Lot 2 to allow for the possible relocation of the current access driveway to Wings Addition, if necessary. 5. The developer shall confirm that the 30% minimum green space standard is satisfied. 6. A revised Landscape Plan shall be provided for incorporation into the Final PD Agreement which includes modifications to provide additional landscaped areas and corrected notes. All landscape areas shall have automatic irrigation and planting specifications shall note trees are to be planted with the root flare even with finished grade. 7. The Site Lighting Plan shall be revised to provide better uniformity and better security in the southeast parking lot. 8. The size and number of tenant signage shall be subject to City Sign Code requirements. All building signage shall consist of individual backlit channel letters. Can or cabinet signs shall not be allowed. Eagan Boundary Right-of-way Location Map PareelArea Park Area - Building Footprint D on 41' Ir L 1jr ! ! Y , Sub'ect Site f v ° ~epraalu Da. • ~ ' o CZ) * *'sr TOM CENTRE DR % NOW y er o TOIyN cINTR[ DRIVE a i 1000 0 1000 2000 Feet Development/Developer. Reliance Development Application: PD Amendment Case No.: 10-PA-09-06-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. City of Eagn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W & The City of Eagan and Dakota County do not guarantee the accuracy of this information tY tY Y and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Fendler-Patterson Land Use Map PD Amendment 10-PA-09-06-06 1-i Zoning Map R-1 Bp I-i R-3 PD R-4 Current Zoning: BP R-4 Location PD PD Planned Development D A- p ~a O LB PD PD PD PD PD U Co- RDAD N0.2s (YANK!! DOODLE RDAD) 4 soo o soo ttoo r••e 7 pp Comprehensive Guide Plan IND Land Use Map BP MD IND SA Loc Vow SA [Current Land Use Designation: SA SAS Special Area sn~ SA SA SA SA COYNTY ROAD MO.IB (VAMKC! DOODL! ROAD) 'T soo 0 600 7200 F••t -7 F 77 r---1 SA \ 7 Parcel base map Information provid•dby Dakota County Land Sway Departmert Decmber 2003. N Zoning Information maintained byClty Staff. City of EalaIl ` l 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 cr M~1 av~ n~-W~t~tl~Jwrr ~T•w.•.~ Gccse Mtl '•m`K '1••ns ~n.el lMM e[W uol~Ons;saOD UOBJQ I'Rd .iaipuad m 8 ~e z 6~ o ~J ~•r•n n p U b I SaOA3Aan5 / Sa33NC)N3 / SONNYId ZjnS PI'1U. PagI YIS~V/tl•L'IV o~ s ° W yg ul IM 'H sower xoiUaav SDI 'T 1100TH •z 1di A3nans 'a ~s ;?^<ia fo$ ~E?s -azCa g-sue ~ e` _ F e ~yq s Sr ~1 -aiA~" a 4 o$$s O4EV3i ~O~~S gg s _ °g Fyp$a~ 4° .sW_ "=_sY 8§=~ a .W o cl-i 2. IM o. Z Lij .~nl l lnnu nr.l~ri~l-i~lnl n]^ p,• ,1Y IvvlyluuY ulvY I12 _~'=.r.~~ . rFa a33 Qg~ pig a Sf qee ~teeaY ~ iii, `c' •6•,. y Ali: ~ag i 1`. i I _ i[: ~ ccr nr rww tpe aig F ' Q ip ai t ~g x,03 1 i w-3p I I I.. \ all ~ i spy ~ §e9R~ ••4 1 ••b I Y 4 . 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G a G c ac v f l y 1 y sE t {e f~ ~[a~ E6 E~ EEd 8{ is G~j G EG G [gE 2r~ E I C P'ell I 'fill 41011:111 7~ ~ R[ f ~ Rat s c C' \n 1 lit stl c~ Tit A 1i B x 'C R rn E A 4, i < 5 I.~, ICN E` gr I li : E a C _ N Sr~ Esa axF1 . - r. T nn, sn~ [°hn Le i_ .y L.V 1vI L_I~..-. L~ .-..%L!II~/I♦ nT f ~ an liq .7. LDT 6" a 54 GRADING "z m $ LOT 2. BLACK 1, WINGS ADDITION James R. HIil, Inci. ° s N; z FINAL GRADINGE^'DRAINAGE & EROSION gNNERS / ENGNEERS / SURE m: CONTROL PLAN 1 E OR' o FENDLER PATTERSON'foa CONSTRUCTION, INC. .e~9 RST iMix AxEET, exwGE, ux sswe xo'.a"Fxi'ss-+.x i.i t~N:-ua S~ L O V~ 1! 9 N n (n ~ C7 N ~ In N r G7 { N C7 \ 3'. . Co T1 N W ~ V ~ ~ z C . r S W DJ ti ~ iE~ ~ 9R Y 2 i m 4~~~. g ~F ggF K ys~n 'sgg°c y of SR Itis k C r { b~~7P~ LR~ ,-g6aErgg~ q la ayGayR@ ~a{F qE_ ~~Y° o9y 4y ~f 2 i G Vii.' ( S L ` M } k~~ Fa 9 sERpe3yx , _ K IE 6 3 III > F, ; g R- s 5 ~ ~ ~ ~ z$ riEs !Si k a3 g~~~ R z R~fR U-4! _.L c `(E~i RRRA R E§ E S i a E`E E~ 4R s % o bRgF RF~ ~ LANDSCAPE PLAN LOT 2, HIACR 1, WINGS ADDITION \ EaG1 -1. James R. Hill' Inc. O N j m n R ° N i FINAL LANDSCAPE PLAN j PLANNERS / ENGINEERS° / SURVEYORS a s g o m FENDLER PATTERSON CONSTRUCTION. INC. i n .era .as* ixw smcn. s•vnx ssne ` ~ ri`i.>~:: e'`:axr.-n.~ P" P" Po P" nr" Po op e ~ ~x o c e ~ a cg of ag mg _ 6 sA q ~P 6S cq >A a~ a ® S 8 m n m_ C m a - c= r~ o F ~ ~ ~ s s~ ~ ~ e R z B pp ELEVATIONS p e z NORTIMOOD COURT ..„k~°. -o NEW MLAM-TENANT RETAIL CENTER G C~ y t•►~ E EACAN. UN TT- w• • i R y a w E 23 o2 r saw.... C 3 ~ ~ O N'[ PREIIYINARY EXTERIOR ELEVATIONS ~ °z = °s 7 ~.o 22'-m" CMU SIGN BASE _ r- - - - - - - - - - - - - - - EDGE OF ALUMINUM VALANCE _I - - - - - - - - - - - - - ! EDGE ❑F FLUSH SEAM PANELS -PLAN VIEW 281_0" PRE-FINISHED FLUSH SEAM METAL PANELS PRE- 3'-10 ETALI VALANCELUMINUM I ~Q Q~ M SIGN SURFACE = 125 S.F. NATURAL STONE VENEER N FACE BRICK - UTILITY KASOTA STONE ACCENT r- BURNISHED CMU In L4;; 811 201_811 QII 2 ELEVATION - -a» WINGS ADDITION RETAIL EAGAN, MN Fendler 4X36 yp8ENX5531s B 1 Patterson 852-880"~°m PYLON SIGN CONSTRUCTION 852-888.2916HIX 0m o < o O Q ~ .E. . . . ° (n CD ~[61~ D - - - _ III m §cc °n o m ,has ~ _ r N G~ Y~ O _ t 6 t C 6 Y C Y tl Y i Y Y Y Y' f F~ yy~ yy~ ~ • t 9 [ y T Y - _ 4 d Y Y C C[ Y EE ETE Y[ Y Y Y S f _Y 4 Y f Y Y 4 55 a Y Y C' 6 R G{ Y n~ e: ~ p S g~ i E E 4 e~ Y~ 1i R Y r F c{ 3 a C L Y i G i s f~$@ B C S c tl tl i i R Y Y i i i i Y Y i i i Y Y Y i Y Y i Y i Y i Y Y> Y Y Y Y i Y Y Y Y o~.1a Yptrrc~g:em~y~ggpeee:i~ _ _ _ _ _ _ 4s e e a o d ' S 6 5 E L E t R 6 b 6 6 6~ b 6 6 6 6 L 6 E 6£ E E 6 6~ 6 f 6 6 6 6 SITE LIGHTING o i e NORTHWOOD COURT ~T-~ a ...~.+-rw~..Y.+.+ o Ncw win-n~+urt xnui ceNrEw .`.,mow N 6 = p~ C9 ITl LWAK YM fir- Q g ~CDCL i 33 HOC PRELIMINARY PHOTOMETRIC PLAN ~l „w„Y, °z t.: #t ij .Y , a r A" + =A 7j 7 . t Y1 YI +i i r J r FF Fendier Patterson CONSTRUCTION June 21St, 2006 Ms. Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Northwood Court New Multi-Tenant Retail Facility Lot 2, Block 1, Wings Addition Dear Ms. Dudziak; Fendler Patterson Construction, Inc. (the applicant) is pleased to present the attached application and plans for a Planned Development Amendment for approval of a 10,712 s.f. multi-tenant retail facility. The existing vacant 1.62 acre parcel is bordered on the North and West by Northwood Parkway, on the East by Wings Financial, and on the South by Byerly's. Site; Currently, the site is zoned as a PD (Planned Development) - Special Area 4. This site is designed to have 59 parking stalls all of which meet the current size requirements. Due to the irregular shape of this lot, areas of the site are not able to be fully utilized and these areas are proposed to be additional landscaped areas. No new curb cuts onto Denmark Avenue are proposed with this development. Our design represents the project utilizing a shared drive between this property and the Wings Financial property. The main drive isle lines up with the drive isle for Wings Financial. The Isles at the rear of this center are located per the needs of this project however work well with the existing lanes of Wings Financial. All private utilities servicing the proposed retail building are designed to utilize the existing infrastructure located adjacent to Lot 2, Block 1 of Wings Addition identified on the plat. A drive-thru is located at the rear of the facility which is hidden from public right of way and does not impact or create unsightly conditions for the surrounding property neighbors. It is also designed to not impede on traffic for this center or the surrounding properties. RECEIVo ? 12006 4839 West 124`" Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t~t ems o n. c o m 11 `r ).D FF Fendier Patterson CONSTRUCTION Building; Exterior Finishes; Exterior materials represented are consistent with current ordinances. The facilities main finishes are cultured stone, face brick, EIFS, glass storefronts, with decorative prefinished metal panel parapet detailing similar to that found on many libraries and city hall projects of late. It is this parapet detailing along with heightened parapets on three sides of the facility which are intended to screen all roof top equipment from public right of ways. Trash Enclosure; The proposed trash enclosure and recycling area is neatly tucked into an inside corner of the facility. This created extremely low visibility and it is not visible from any public right of way. Proposed materials are consistent with the primary structure utilizing face brick and prefinished metal cap flashings. Lighting; Building lighting will consist of two types of lighting. The first being lighting around the facility as determined by city ordinance as well as life safety concerns. The second being lighting set into a metal shroud under the parapet fins to accent these elements. No lighting is proposed to direct light in a manner that creates life safety concerns or unsightly conditions. Signage; Building; Building mounted signage will be the responsibility of each individual tenant with the exception of signage required by code, Such as addresses as required by the fire marshal and any ADA compliant signage required by the building official. No revisions from the current signage ordinance are requested and each tenant will submit for a sign permit on an individual basis. Site; One pylon sign is requested with no alterations to the existing ordinance. This pylon sign is understood (and proposed) to be double-faced, limited to twenty-seven feet in height with a maximum of one hundred twenty five square feet in sign message area. As indicated on the site plan, the proposed pylon sign also meets the setback requirements of ten feet from all property lines. A separate permit (from the general building permit) prior to installation will be submitted to the City of Eagan for its review of ordinance compliance, as well as, overall design approval. 4839 West 124" Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m a IS1 Fendier Patterson F=l CONSTRUCTION Miscellaneous; This project anticipates some food related tenants such as; a coffee shop, sandwich shop, or a take 'n' bake. Basically, your typical "fast-casual" tenants typically found in a retail development. It is for this anticipation that we are requesting that 4,500 s.f. of this facility along with 84 seats be planned for, but not limited to, restaurant related uses with this amendment. Additionally, some of these tenants may typically serve 3.2 beer and wine along with their menus. An amendment allowing 3.2 beer and wine (on sale only) for this retail center is requested. We respectfully request approval of this application and its overall concept. Feel free to contact me with any questions that may arise or if any additional information is needed. Sincerely, Fendler Patterson Construction, Inc. John Patterson, Vice President 4839 West 124" Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 w w w. f e n d I e r p a t t e r s o n. c o m Fendier Patterson CONSTRUCTION June 29, 2006 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Planned Development Amendment Dear Pam; Per the letter dated June 27, 2006 sent to me by Sheila Cartney, the following breakdown is my calculations of the proposed exterior finish materials for the application pertaining to Northwood Court. Total Elevation Area 10,475 s.f. Class 1 Materials 6,624 s.f. 63.24% Class 2 Materials 983 s.f. 9.38% Class 3 Materials 2,868 s.f. 27.38% The above calculations, specifically Class 1, assume that the proposed metal parapets "fins" are to be included as Class 1 materials. This metal is proposed to match that of the adjacent Wings Financial facility. Also, our proposed Class 2 materials in their entirety are intended to match materials used on the Wings Financial facility. Feel free to contact me with any questions or comments. Sincerely, Jo Patterson, Vice President 4839 West 124th Street Savage, MN 55378 • Lic. 420011239 Tel. 952-890-4364 Fax 952-890-2916 www.fendIerpatterson.com Agenda Information Memo July 31, 2006, Eagan City Council Meeting F. CONDITIONAL USE PERMIT - OUTDOOR SPECIALTIES, LLC ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of equipment and landscape materials upon 0.58 acres located south of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview Addition; subject to the conditions in the staff report. To approve (OR direct findings of fact for denial for) a Variance of 10' to the required 20' side yard building setback on Lot 2, Plainview Addition, subject to the conditions in the staff report. To approve (OR direct findings of fact for denial for) a Variance of 15' to the required 20' parking setback from a right-of-way, subject to the conditions in the staff report. To approve (OR direct findings of fact for denial for) a Variance of 4 stalls to the required 14 parking stalls, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is proposing to store two trailers, pallets of CMU block and pavers, and bulk landscape materials such as rock, mulch, dirt and sand. ➢ The site is located south of Lexington Avenue and Hwy. 55, and is currently vacant. Access is provided via Lexington Avenue. ➢ The site is roughly triangular in shape and abuts right-of-way on three sides. The proposed building is situated in the south central portion of the site, with parking to the west and north and the outdoor storage lot to the east. ➢ The proposal satisfies three of the six performance standards for outside storage. Two standards are unsatisfied, and one is a policy matter as to the acceptability of the proposed screening material. ➢ The applicant's estimate of hardship for the Variance requests is that the site has right-of- way on three sides which increases yard setbacks and restricts the usable area of the lot. ➢ While the odd-shape and multiple frontages on rights-of-way do present development challenges, the Variances appear to be directly related to the proposed outside storage. Thus, the hardship appears to be self-created. ➢ The Advisory Planning Commission held a public hearing on July 25, 2006 and recommended denial of the CUP and Variances. 12. ISSUES: ➢ The APC cited as reasons for denial that the proposal will not satisfy items 2 and 3 of the Conditional Use Permit requirements, or item C of the Variance requirements in Section 11.50 of the City Code. These are summarized below: a) The proposal is not harmonious with the objectives of the Comprehensive Plan and City Code requirements b) The proposal is not compatible in appearance with the existing or intended character of the general vicinity, and will change the essential character of that area or substantially diminish or impair property values within the neighborhood. c) The proposed Variances are the result of the actions of the applicant and the claimed hardship is self-created. 60 DAY AGENCY ACTION DEADLINE: September 6, 2006 ATTACHMENTS (2): Advisory Planning Commission Minutes on page l?ip~ 17.6 Staff report on pages throughJ51 Advisory Planning Commission Minutes July 25, 2006 Page 11 of 17 F Outdoor Specialties, LLC Applicant Name: Outdoor Specialties, LLC Location: Lot 2, Plainview Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of equipment and landscaping items. File Number: 02-CU-08-06-06 Application: Variance A building setback variance of 10' to the required 20' setback in a side yard parking setback variance of 15' to the required 20' from a right-of-way and a variance of 4 stalls to the required 14 parking stalls. File Number: 02-VA-14-06-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 20, 2006. She noted the background and history. Mark Hansen and Chris Rossman, Outdoor Specialties, LLC addressed building placement on Lexington Avenue, storage, building materials, parking, and the location of the fence. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez stated concern with conditions two and three of the Conditional Use Permit standards and stated the Variances seem to be a self created hardship. He stated he will vote against approval. Member Dugan stated concern that the property will become an eyesore on the gateway to the City and stated he will vote against approval. Member Keeley agreed with Member Chavez and stated she will vote against approval. Member Hansen stated concern with the proposed density. He stated he supports getting the property into a productive use but agrees with Members Chavez, Dugan, and Keeley that this proposal is not right for the site. Mark Hanson suggested that the applicant is willing to work with the City to improve the appearance and questioned the likelihood of the site developing with an office use. 1210 Advisory Planning Commission Minutes July 25, 2006 Page 12 of 17 Member Dugan moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of equipment on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. 3. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 4. The Landscape Plan shall be revised prior to issuance of a building permit to add evergreen shrubs along the west side of the site, and modify the planting specifications to indicate that the root flare of trees shall be even with finished grade. All landscaped areas shall have automatic irrigation. 5. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare even with finished grade. 6. A Site Lighting Plan will be required at the time of building permit application. Site lighting shall be subject to compliance with City Code requirements. 7. The monument sign shall be constructed of materials to match the principal building. The monument sign shall comply with Sign Code requirements which limit the sign face to four feet in height, and shall satisfy required setbacks of 10 feet from all property lines. 8. Utility extensions shall be available to the property prior to the issuance of the building permit. 9. Outdoor storage items shall be placed within a solid 8' tall enclosure. A vote was taken. All voted against. Motion failed: 0-6 Member Dugan moved, Member Zoberi seconded a motion to recommend denial of a Conditional Use Permit to allow outdoor storage of equipment on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. The reason for denial is that City Code provisions Section 11.50, Subdivisions 4-C-2 and 4- C-3 regarding compatibility with the surrounding area and the City's Comprehensive Plan and City Code will not be met. I El Advisory Planning Commission Minutes July 25, 2006 Page 13 of 17 A vote was taken. All voted in favor. Motion carried: 6-0. Member Dugan moved, Member Chavez seconded a motion to recommend denial of a Variance of 10' to the required 20' side yard building setback on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. The reason for denial is that City Code provisions Section 11.50, Subdivisions 4-C-2 and 4- C-3 regarding compatibility with the surrounding area and the City's Comprehensive Plan and City Code will not be met, and Section 11.50, Subdivision 3-13-3-c that the variance be due to conditions not created by the applicant is not met. A vote was taken. All voted in favor. Motion carried: 6-0. Member Dugan moved, Member Chavez seconded a motion to recommend denial of a Variance 15' to the required 20' parking setback from a right-of-way; of on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. The reason for denial is that factor C of the variance requirements (Section 11.50, Subdivision 3-B-3-c) will not be met and Section 11.50, Subdivision 3-B-3-c that the variance be due to conditions not created by the applicant is not met. A vote was taken. All voted in favor. Motion carried: 6-0 Member Dugan moved, Member Chavez seconded a motion to recommend denial of a Variance of 4 stalls to the required 14 parking stalls on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. The reason for denial is that City Code provisions Section 11.50, Subdivisions 4-C-2 and 4- C-3 regarding compatibility with the surrounding area and the City's Comprehensive Plan and City Code will not be met and Section 11.50, Subdivision 3-B-3-c that the variance be due to conditions not created by the applicant is not met. A vote was taken. All voted in favor. Motion carried: 6-0 1u PLANNING REPORT CITY OF EAGAN REPORT DATE: July 20, 2006 CASE: 02-CU-08-06-06; 02-VA-14-06-06 APPLICANT: Outdoor Specialties HEARING DATE: July 25, 2006 PROPERTY OWNER: Estate of Helen Green APPLICATION DATE: July 7, 2006 REQUEST: Conditional Use Permit; Variance PREPARED BY: Pamela Dudziak LOCATION: South of Lexington Ave. and Hwy. 55 intersection COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of equipment and landscaping items and the following Variances: a) Variance of 10' to the required 20' side yard building setback; b) Variance of 15' to the required 20' parking setback from a right-of-way; c) Variance of 4 stalls to the required 14 parking stalls. The above requests pertain to the property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. Planning Report - Outdoor Specialties July 25, 2006 Page 2 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 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. 1 Planning Report - Outdoor Specialties July 25, 2006 Page 3 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/EXISTING CONDITIONS The property consists of approximately 0.58 acres and is vacant. The parcel is a triangular shape. To the south is a vacant office/warehouse cross-dock trucking building which was previously occupied by a trucking company. To the east is railroad right-of-way, and to the west is Lexington Avenue. The subject site is adjacent to the Northeast Redevelopment District. City policy matters should consider the impression this industrial outdoor storage request may have on future redevelopment in this immediate area. The small odd-shaped parcel presents some development difficulties; however, the variances requested appear to be directly tied to the outdoor storage component of the development proposal. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Lexington Ave/Hwy. 55 R-O-W South Office/Warehouse I-l, Limited Industrial IND, Limited Industrial East Railroad right-of-way/ R-O-W/1-1, Limited Industrial IND, Limited Industrial Warehouse West Lexington Avenue R-O-W EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use is an office/warehouse with outside storage for a landscape company, Outdoor Specialties. This business is a permitted use within the I-1 zoning district and the outside storage is a conditional use. `7~)l Planning Report - Outdoor Specialties July 25, 2006 Page 4 Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within the 65 dB contour, placing it within Noise Policy Zone 3. 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 industrial office/warehouse and outside storage uses will be considered compatible in Zone 3. Site Plan - The proposed site plan proposes a 3,456 sq. ft. building in the south center of the property. Access is proposed from Lexington Avenue. Two parking areas are proposed to the west and north of the building. The outdoor storage is proposed on the east side of the building. A fence is proposed to enclose the storage area and northern parking lot. The outdoor storage is proposed to include two trailers, pallets of CMU block and pavers, and bulk landscape materials such as rock, mulch, dirt and sand. The building is proposed to consist of 992 sq. ft. of office and 2,464 sq. ft. of warehouse. The office portion of the building is proposed on the west side of the building. Vehicle access into the warehouse portion of the building is provided via three overhead doors on the east elevation. Bulk Standards Parking - A total of 14 parking stalls are required for the 3,456 sq. ft. building - 7 stalls for the office and 7 stalls for the warehouse space. A total of 10 parking stalls are provided, resulting in a requested Variance of 4 parking stalls. If there were no outdoor storage with this development, additional parking could be provided in the area east of the building. The applicant states that this business does not involve customers visiting the site and the 10 proposed stalls will provide sufficient off-street parking for employees. Parking stalls satisfy the dimensional standards in the City Code, 10' wide by 19' deep. Building Coverage - Proposed building coverage is 17.4%. This is less than the maximum allowed 35% in an I-1 zoning district. Green Space - A minimum 25% green space is required; the proposed development provides 28.5% green space. Setbacks - The City Code requires a front building setback of 40 feet from a right-of-way, a side yard setback of 20 feet and a rear yard setback of 10 feet. The proposed building meets the 40' front yard setbacks, but is set 10 feet of the south property line. Since the building is oriented with its front to the west, the 20' side yard setback was applied to the south boundary, thus, the proposed building involves a 10' setback Variance. Parking, outdoor storage and pavement setbacks are required to be a minimum of 20 feet from a right-of-way, and 5 feet from side or rear lot lines. The parking and outdoor storage 1 Planning Report - Outdoor Specialties July 25, 2006 Page 5 areas meet the required 20' setback from the Lexington Avenue right-of-way, but are set only 5 feet from the north and east property lines, both of which abut street or railroad right-of- way. Thus a 15' setback Variance is requested for these two areas. Trash Storage - Trash storage was not specifically addressed in the proposal. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. Elevations/Architecture - The proposed building does not appear to comply with architectural standards of the City Code. The City adopted a new architectural standards ordinance earlier this year. The pertinent ordinance requirements pertaining to I-1 zoning are summarized below: • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of Class I or Class II materials (Class I brick, glass, natural stone, copper panels; Class II - specialty concrete, masonry stucco) or other comparable or superior materials. • Up to 35% of the building may be comprised of Class III or IV materials (Class III exterior finish installation system (EIFS), precast textured concrete panels, opaque panels, ornamental metal; Class IV smooth concrete block, smooth scored concrete block, smooth concrete tip up panels, ceramic, glass block, wood,) or other comparable or superior materials. • Not more than 10% maybe comprised of Class IV materials. The building is proposed to be constructed of decorative concrete masonry unit with some EIFS and cultured stone. These materials do not comply with the architectural standards ordinance which requires at least 65% of the building to be brick, glass natural stone, copper panels, specialty concrete, or masonry stucco. The proposed EIFS and decorative CMU are proposed to be the majority of the exterior finish, and should comprise only 35% of the finish materials. The building materials should be modified to achieve compliance with the architectural standards ordinance. Sig age - The monument sign is proposed to be a total of 7 feet in height. The base is cultured stone and the sign background is EIFS. Both materials should match the principal building. To comply with Sign Code requirements limiting the sign face to four feet in height, the sign base should be increased to a three foot height, or the sign face reduced from five feet to four feet in height. Landscaping - The proposed Landscape Plan shows landscaping along the west side of the property along Lexington Avenue. This is the side where the office portion of the building is located. Landscaping consists of shade trees along Lexington Avenue with spirea and euonymus bushes. The landscape ordinance requires that screening from the right-of-way achieve 75% opacity year around at maturity. Evergreen shrubs should be added along the west side of the site to provide year around green and screening. Ornamental Spring Snow Crabapple trees are proposed near the building, along with ornamental grasses and evergreen shrubs. The same ornamental grasses are proposed at the base of the monument sign. Planning Report - Outdoor Specialties July 25, 2006 Page 6 No landscaping is proposed along the north, south and east sides of the property. A fence will enclose this area which is proposed for outdoor storage. The proposed fence is chain link with privacy strips. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare even with finished grade. This will prevent planting too deep which can negatively impact the long-term health and viability of the trees. Site Li htinQ - A Site Lighting Plan was not submitted with this application. Site lighting is subject to compliance with City Code requirements, and a Site Lighting Plan will be required at the time of building permit. The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property." Gradin Topography - The site has been previously graded and is open and relatively flat. Utilities - Sanitary sewer, water main and storm sewer service is not readily available in the area, and will require extension from the Kenneth Street and Lexington Avenue (County Road 43) intersection, approximately 900 feet to the south. The applicant has submitted a petition for public improvement project to extend City utilities to the property. The petition will be received and considered by the City Council at their regular meeting July 31, 2006. The public improvement project providing for the utility extensions should be approved and a contract awarded by the City Council before issuance of a City building permit for this property. Access - Public street access is available only from Lexington Avenue to the west. The applicant should obtain a County driveway access permit prior to issuance of the City building permit. Wetlands/Water Quality - There do not appear to be any wetlands on the property. Due to the size of the subject site, water quality ponding is not feasible. To meet the City's water quality requirements, a cash dedication in lieu of ponding is appropriate for this development. The dedication is payable at the time of building permit at the rates then in effect. Tree Preservation - The property is subject to compliance with the City's Tree Preservation Ordinance. A Tree Inventory and Preservation Plan will be required at the time of building permit. There is currently little vegetation on the property. Parks and Recreation - This development is subject to cash parks and trails dedications, payable at the time of building permit at the rates then in effect. The 2006 rates for commercial/industrial property platted prior to 1/1/83 are $2,493 per acre for parks and $1,251 per acre for trails. 1 Planning Report - Outdoor Specialties July 25, 2006 Page 7 Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. This standard is satisfied. The outdoor storage is proposed to be enclosed with an 8' tall chain link fence with privacy strips. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. This standard is not satisfied. The outdoor storage area is located on the east side of the building. While the property has street right-of-way on two sides, and railroad right-of-way on one side, the site layout places the outdoor storage adjacent to the railroad right-of-way. The front of the building faces west and access to the site comes from Lexington Avenue to the west. The outdoor storage area is proposed to be set back 5 feet from the east and north property lines. City Code requires a 20' setback from the right-of-way. Variances are requested for these setbacks to be 5 feet rather than 20' from the right-of-way. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed screening consist of an 8' tall chain link fence with privacy slats. The visibility of this site from the rights-of-way requires that the enclosure also provide screening. The appropriateness of the proposed fence is a policy matter to be determined by city officials. Chain link fences are typical in I-1 zoning and while the property abuts a truck storage yard to the south, the site is in a highly visible location at the intersection of a county road and state highway and adjacent to a redevelopment district. From the north and northeast, Staff's concern with the proposed fence/screening is that the slats are not durable and over time the slats break and parts go missing, and then not only is the screening effect lost, but also the fence begins to have a dilapidated appearance. If outdoor storage is approved for this site, staff suggests the Commission and Council consider a more substantial and durable screening wall be required to meet this performance standard. d. The storage area shall not interfere with any pedestrian or vehicular movement. This standard is satisfied. The proposed storage area allows vehicular movement into and out of the site. 1V05 Planning Report - Outdoor Specialties July 25, 2006 Page 8 e. The storage area shall not take up required parking spaces or landscaping areas. This standard is not satisfied. The outdoor storage area does encompass the northern parking area, 5 parking stalls. The outdoor storage area also encroaches into required yard setbacks, which would otherwise provide landscaped area. I t(p Planning Report - Outdoor Specialties July 25, 2006 Page 9 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. This standard is satisfied. The proposed surfacing material is bituminous asphalt, which is acceptable. Variances/Applicant's Estimate of Hardship - The applicant is requesting Variances for building and parking setbacks. The applicant's narrative states that the site is irregular in shape with three of four property lines abutting rights-of-way. As such, those property lines entail larger front yard setbacks. The combination of the irregular shape and larger setbacks along more than one property line constrain the buildable and usable area of the site. Regarding the number of parking stalls, the applicant states that the proposed business requires fewer parking stalls than the City Code, and the proposed 10 parking stalls are sufficient to serve the business. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately one half acre in size, and a substantial portion of the rear yard is covered by a drainage and utility easement. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the property which do not apply generally to other properties in the same zone or vicinity. It is not typical for a site to have right- of-way frontage on three sides. Thus, it appears that special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to provide green space and space for screening between a development and the right-of-way. The purpose of the off-street parking provision is to ensure that adequate off-street parking exists to serve the development. The applicant states that while they are not providing as much parking as the City Code requires, the proposed development still meets the intent of Zoning Ordinance by providing sufficient off-street parking for their business. Without the proposed outdoor storage, the required setbacks from the right-of-way could be satisfied, landscape screening provided in that green space within the setback area, and additional parking provided to meet the requirements of the Zoning Ordinance. A demonstrable hardship is required to grant relief from the minimum required front yard setback. The applicant is requesting relief from required minimum setbacks and from off-street parking requirements to allow for outdoor storage. While the site has the unique characteristic of three frontages abutting rights-of-way, the hardship appears to be self-created in that the Variance requests are directly related to the applicant's proposal for outdoor storage, a conditional use in the 1-1 zoning district. Planning Report - Outdoor Specialties July 25, 2006 Page 10 The site is adjacent to the Northeast Redevelopment District and consideration should be given to the potential impact this outdoor storage use may have on anticipated redevelopment in this area. If outdoor storage is approved, staff suggests an 8' solid screen wall should enclose the storage area. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of equipment and landscaping items, Variances for building parking/pavement setbacks, and a Variance to the required number of parking stalls. The proposal satisfies three of the six performance standards for outside storage. Two standards are unsatisfied, and one is a policy matter as to the acceptability of the proposed screening material. The applicant's estimate of hardship is that the site has right-of-way on three sides, which entails increased yard setbacks and restricts the usable area of the lot. Thus, the applicant is requesting several Variances to those setbacks. In addition, a Variance to the required number of parking stalls is requested. While the site does have three frontages abutting right-of-way, the Variances are not due to the physical conditions of the land, but rather to the applicant's request for outdoor storage. The Variances do not appear to be necessary to develop this site with a similar building without the outside storage. Thus, the hardship appears to be self-created. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of equipment on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. 3. The exterior building finish materials shall be modified to achieve compliance with the architectural standards ordinance. 4. The Landscape Plan shall be revised prior to issuance of a building permit to add evergreen shrubs along the west side of the site, and modify the planting specifications to indicate that the root flare of trees shall be even with finished grade. All landscaped areas shall have automatic irrigation. 5. Regarding the landscape notes and planting details, all landscaped areas should be noted as having automatic irrigation, which is required by City Code. Also, trees should be set with the root flare even with finished grade. I b Planning Report - Outdoor Specialties July 25, 2006 Page 11 6. A Site Lighting Plan will be required at the time of building permit application. Site lighting shall be subject to compliance with City Code requirements. 7. The monument sign shall be constructed of materials to match the principal building. The monument sign shall comply with Sign Code requirements which limit the sign face to four feet in height, and shall satisfy required setbacks of 10 feet from all property lines. 8. Utility extensions shall be available to the property prior to the issuance of the building permit. 9. Outdoor storage items shall be placed within a solid 8' tall enclosure. To recommend approval of a Variance of 10' to the required 20' side yard building setback on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. 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. To recommend approval of a Variance 15' to the required 20' parking setback from a right-of- way; of on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. 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. To recommend approval of a Variance of 4 stalls to the required 14 parking stalls on property consisting of approximately 0.58 acres located south of the intersection of Lexington Avenue and Hwy. 55, legally described as Lot 2, Plainview, except the part taken for highway. 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. II Pt Cagan Boundary Right-of-way Parcel Area INI ParkArea Location Map 0 - Building Footprint Q ■ule ■■NTYN RD. as •tt 00 e,~R Subject Site d' a ■ 3~ ■ia.. 1 ;`11 NlNML111 ■T. ■ 'yi uaT■N:■ aT. aj. ■ qG~ ~A ■ Ir ~ lel.■a. ~ ■ ~ ~~4R 104 0 ■r. c ■ ■ ■ ■ a1 aRA / s ~ ■ Doo 1000 0 1000 2000 Feet Development/Developer. Outdoor Specialties Application: Conditional Use Permit; Variance Case No.: 02-CU-08-06-06; 02-VA-14-06-06 Map Prepared using y Off5.1. Parcel base map data provided N q by Dakota County Office ce of of G1S and is current as of April 2005. qty of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 6 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 Community Development Department not responsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan Outdoor Specialties Land Use Map Conditional Use Permit/Variance 15-CU-08-06-06/02-VA-14-06-06 € - Zoning Map i BP BP rNR BP Location e BP Current Zoning: BP 1 1 1_1 1-1 Limited Industrial 34 ~ NR `tom BP BP n d z 1•~ P I.1 3 G00 0 Goo 1300 Pest r Comprehensive Guide Plan S Land Use Map SA SA ~+a Location Y SA IND SA Current Land Use Designation: IND +r~ IND IND io NR IND Limited Industrial B IND IND BP y S P IND IND $ Goo 0 Goo 1200 Pest Parcel base map Information proNdedby Dakota County Land S-sy Department Deetnb. 2005. I N Zoning Information maintained byCity Stan. City of Eapn 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. 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At1 N.T.L L SUIUW O REWW AID APPRMAL OF THE OM D4ORDL E R(o1WIEL N CDdA. TIE PLAN 51x1 DPW FNRFACE DUFII ANT FROM A0011" PRaERM O ME SNONN DNYAAOE SFFSKAL PPNINt WARM PNROADP OWN R RPL MAC PLANTING PLAN SCHEDULE CALM, MxA6D1 me0l W QTY SIDE WDOl CaIAM.Id/ ROME S®GEF1C NAM coM 0m DAIL• 74" ® CORNER NNN[OlOt0 SS A L'-CS CoIIT. SPRI40 9NDf [RIDVPIL IWLS a IR'eRM Si0.Y04I IfA001 MDOON_9PO4TNOLG If ✓JA YV 5 r-U M8 NDRMr IIWr ACflI PLATEWIDOCS sill"O" LEAOU X O PD 2D PLUG PRAM[ OR10'51331 WMEo F6 wmnjm HAFT N PLC ~ ARCHITECTURAL AMDI.u - - LANDSCAPE ID r-0 D - COO MOUND 9MGA W *WA PLAN ® 10 rd o - &A"" 9/914 i m L WBN ICI TAMS Bccoo rAsfmw - CITY SUBMITTAL VED UL 0 6 2006 All 9 1 f o C"i a c ~9 ZZN Y i.; f rl V CI= T, ¢ 43 • • V a j Y f 'p •w s v/ N . Outdoor Specialties Site Location MHansen ~i Eagan, MN Hansen R Architectural Group )49 Fence (8'-0") Shop(Warehouse Outdoor Storage Office Entry Canopy Face Brick rorative CMU Customer Parking Maple EIFS AOffv Signage Dedicated Service Drive for PIN e rg y:\ RECEIVED JUN 2 12006 Mohagen Outdoor Specialties ArHaensen , L Eagan, MN croup Je' • C' ' Employee Parking Parking Outdoor Storage Screen Privacy Fence N A RECEIVED JUN 2 1 2006 Mohagen P-0.I Outdoor Specialties Hansen P Architectural ■ 1,5 Group fr~~`, .t Eagan, MN Maple Customer Parking Signage Office Shop / Warehouse 4W o v 14' x14' Overhead Doors 4 Dedicated Service Drive Gate Employee Parking Fence (8'-0") Outdoor Storage r Hansen Outdoor Specialties Hansen Eagan, MN RECEIVED J J ' 1 Z"U6Archit Group Outdoor Storage Employee Parking Fence (8'-0") Decorative CMU Accent Band Gate Flowering Crabapple Dedicated Service Drive' EIFS ■ Face Brick Signage Customer Parking Maple Property Line Os..~ -9L Cp RECEIVED JUN Z ~ 2006 nnohayen i~ Outdoor Specialties Hansen Architecturalc Eagan, MN Group 151 Project Narrative The proposed project involves the development of an irregular shaped site located south of the intersection of Highway 55 and Lexington Avenue. The existing property is a vacant .60 acre site with no existing building structured on the site. The site is located within the I-1 zoning designation with all of the surrounding properties within a 660 foot radius being zoned 1-1 as well. The site is bordered on the west by Lexington Avenue; on the north by Pacific Railroad tracks; and the south by an abandoned truck storage terminal. The proposed use for the site is an office/warehouse building which will house an Eagan based landscape company, Outdoor Specialties, Inc. Outdoor Specialties, Inc. has been a long-term Eagan business for 17 years, and will relocate its business to the proposed location. The building will consist of a decorative CMU high bay warehouse with a smaller office attached to the warehouse. The office building will consist of a face brick wainscot and an EIFS wall system which will be designed to compliment each other. The existing site not only being irregular in shape, is extremely tight with 3 of the 4 property lines being designated with front yard setback requirements. This constraint makes it extremely difficult to develop the site. Therefore, the proposed development is requesting the following variances in order to locate the required building size on the site, and provide the appropriate screened outdoor storage area. VARIANCE SUMMARY Property Line Requested Variance • West Property Line (Lexington Avenue) - No Variance Required • Northwest Property Line (Railroad Tracks/Lexington) Front Yard Variance Building: 20' in lieu of 40' Parking: 5' in lieu of 20' • North Property Line (Railroad Tracks) - Front Yard Variance Building: 20' in lieu of 40' Parking: 5' in lieu of 20' • South Property Line (Trailer Storage) - Side Yard Variance Building: 10' in lieu of 20' Parking: No Variance The development of the proposed site would be extremely difficult, if not impossible, to develop without the proposed variances. The development of the office/warehouse building is an appropriate use for the site, and if the requested variances and Conditional Use Permit process are successful, the project is scheduled to begin in the Fall of 2006. 3 152-- Agenda Memo July 31, 2006 Eagan City Council Meeting G. PROJECT 941, PLAINVIEW ADDITION UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Accept (or Reject) the petition and (if accepted) authorize the preparation of a Feasibility Report by the City Engineer for Project 941 (Plainview Addition - Utility Improvements). FACTS: • Plainview Addition is a commercial/ industrial subdivision platted in 1947 along the east side of Lexington Avenue south of the railroad tracks along Highway 55 and currently consists of the EZ Air Park facility, the ABF Freight building, and a vacant parcel (Lot 1, Plainview). • The developer of Lot 1 (Outdoor Specialties, LLC) now wishes to build on the property, but City utility service is not readily available and will require extensions from Kenneth Street, approximately 900 feet to the south. • The Outdoor Specialties conditional use permit is scheduled for City Council consideration on August 3. One of the conditions proposed for approval of the conditional use permit is the Council approval of the public improvement project and award of a contract for the extension of these petitioned utilities. • Based on the potential benefit to other adjacent properties along Lexington Avenue for the extension of these utilities, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ISSUES: • If the Conditional Use Permit is not approved by the Council prior to considering this petition, the petitioners should be asked to reaffirm their desire to pursue this proposed public improvement before the Council takes formal action on it. ATTACHMENTS: ~j • Location map, page X53 ❑ EN~~PN G Lv Rp p.0 Q ~rR JV SCALE: 1 00' ' v y Jam. `v (7', v PETITIONING EX. SANITARY SEWER PROPERTY i 3 sA ~ F~ q I j, ❑ KENNETH S ❑ r Z w ❑ L~ Li ❑ ❑ ❑ ❑ ❑ ❑ ❑o ❑ ❑ ❑ ❑ G:WGorder\BAllen\LEX SEWER EX Plainview Addition *City of Eap Utility Extensions Engineering Department Location Map - City Proj. No. 941