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07/21/2009 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 21, 2009 6:30 P.M. n I. ROLL CALL AND PLEDGE OF ALLEGIANCE i'. II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P a A. APPROVE MINUTES P./OB. PERSONNEL ITEMS P.11 C. APPROVE Check Registers ?.IaD. APPROVE Tree Contractor Licenses for Jim Blanske, JB Tree and Steven Hovland, About Tree Care f,13 E. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 30, 2010 10 ( 5F. AWARD Bids for replacement fitness equipment for the Eagan Community Center for equipment budgeted for replacement in 2009 /V G. AUTHORIZE submission of an application to renew the trademark for C Breeze and the Cascade Bay logo design H. RECEIVE Final Assessment Roll and Schedule Public Hearing (August 18, 2009 for Project 858 (Sibley Terminal Industrial - Storm Sewer Improvements) P (9 I. APPROVE Final Payment and Authorize City Maintenance of Contract 07-07 (Dodd Parkside and Marsh Cove - Sanitary Sewer Lift Station and Utility Improvements) -Paa J. APPROVE Final Payment and Authorize City Maintenance of Contract 08-02 (Lone Oak Lift Station - Sanitary Sewer Improvements) a1 K. APPROVE Change Order No. 1 for Contract 09-12 (Diffley Road / Rahn Road - Roundabout/Street Improvements) V. PUBLIC HEARINGS 1P QaA. WAIVER OF SUBDIVISION and FINAL PLAT for Valley View Plateau Plat 3 -John S. Kenny/ Homeowner -A Waiver of Subdivision and Final Plat to adjust a single family lot line located at 1467 & 1469 Highview Avenue on Lots 4 & 5, Block 3, Valley View Plateau in the NE 1/4 of Section 04. VI. OLD BUSINESS VII. NEW BUSINESS f9alp A. COMPREHENSIVE GUIDE PLAN AMENDMENT and a PLANNED DEVLOPMENT AMENDMENT - Coventry Senior Living - Greg Johnson - A Comprehensive Guide Plan Amendment from (SA/MD) Special Area / Medium Density to (SA/HD) Special Area / High Density and A Planned Development Amendment to allow a 2 story senior living facility located at 1650 Hunt Drive on Lots 1 & 2 Terra Glenn 3`d Addition in the NW 1/4 of Section 16. Q OOB. ORDINANCE AMENDMENT - JAZB Ordinance - An Ordinance Amendment to Chapter 11 relating to the Minneapolis St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, adopted and amended by the Wold-Chamberlain Field Joint Airport Zoning Board r ZC. Ordinance Amendment, Chapter 5, regarding premises licensed VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY r A. CALL TO ORDER l J B. ADOPT AGENDA C. CONSENT AGENDA D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT- Consider Settlement in the Matter of the Relocation of Plourde Sales formerly located at 3935 Cedarview Drive F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT A City of EIn TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 17, 2009 SUBJECT: AGENDA INFORMATION FOR JULY 21, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 21, 2009 City Council agenda, the following items are in order for consideration. I Agenda Information Memo July 21, 2009 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 7, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes the July 7, 2009 regular City Council meeting are enclosed on pages through. a DRq F T MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 7, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Pastor Jim Borgschatz, from Easter Lutheran Church questioned the City's policy regarding pre-school representation at the Market Fest Business Night and other such City sponsored events. Parks and Recreation Director Seydell-Johnson discussed the City's current policy. Council members concurred that the policy should be reviewed and discussed at the August 11, 2009 Council workshop. There were no other visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 7, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted there would be an addition under recognitions and an item under personnel in the Consent Agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay: 0 RECOGNITIONS AND PRESENTATIONS 4T" of JULY COMMITTEE AND EAGAN AMBASSADOR COURT The 4th of July Committee was recognized for the coordination of the Eagan Funfest 4th of July Parade, Miss Eagan Pageant and the fireworks display. Raleigh Seelig, Chair of the Committee was present and introduced Committee members. Members of Eagan's Ambassador Court were also recognized. CONSENT AGENDA Item I was removed from the agenda. City Administrator Hedges discussed Items M, N and O. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the June 16, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to adopt a resolution proposing the re-structuring of the Community Development Department. C. It was recommended to ratify check registers dated June 11, 2009, June 18, 2009 and June 25, 2009 as presented. D. It was recommended to approve the 2009 - 2010 Amusement Device renewal for Lieberman Companies. E. It was recommended to approve a Massage Therapy Establishment License for Kimberly Dwyer, Body Wellness and Beyond, Inc., 4141 Old Sibley Memorial Highway, Office #304. 3 City Council Minutes July 7, 2009 Page 2 '1 T F. It was recommended to accept a $4,000 donation from Eagan Wal-Mart. G. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to Chapter 5 regarding premises licensed for the sale of alcoholic beverages. H. It was recommended to approve an amendment to the 2009 General Facilities Renewal and Replacement Budget. 1. REMOVED J. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Sumac Ridge. K. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Lindstrom 2nd Addition. L. It was recommended to approve updates to the Standard Conditions of Plat Approval. M. It was recommended to approve the purchase of four acres of land at the intersection of Yankee Doodle Road and Wescott Woodlands Drive for the purpose of a future relocation site for Fire Station Two. N. It was recommended to authorize the preparation of a Feasibility Report by the City Engineer for Project 1012 (Fire Station Relocation and Duckwood Drive - Street & Utility Improvements). 0. It was recommended to direct staff to execute a contract with SRF Consulting Group, Inc. to complete an Environmental Assessment Worksheet for the 120 acre site located at 3535 Wescott Woodlands. P. It was recommended to accept Findings of Fact, approve Wetland Bank Application and authorize preparation of Plans and Specifications for Contract 09-06 (Wandering Walk Park). Q. It was recommended to award Contract 09-08 (2009 City-Wide Trail Improvements), to Aslakson's Blacktopping, for the base bid in the amount of $208,411.25 and the Alternate Bid in the amount of $15,961.77, and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve the final acceptance of Contract 06-01 (TH 149 Reconstruction and Upgrades) from Park Construction Co., including certain improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve the final payment for Contract 08-08 (Citywide Trail Improvements) in the amount of $9,187.21 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. T. It was recommended to approve Change Order No. 2 for Contract 08-02 (Lone Oak Lift Station - Sanitary Sewer Trunk Improvements) and authorize the Mayor and City Clerk to execute all related documents U. It was recommended to approve a resolution to prohibit parking on Northwest Parkway between Highway 149 and Lone Oak Parkway and authorize the Mayor and City Clerk to execute all related documents V. It was recommended to approve a Joint Powers Agreement with the St. Paul Police Department to join a multi agency task force that combats internet crimes where children are victims W. It was recommended to approve a Massage Therapy Establishment License for Tim Turner, T- Squared Massage and Body Works, 4141 Old Sibley Memorial Highway, (Office 303) X. It was recommended to approve a resolution allowing the City of Eagan to continue its participation I the Dakota Traffic Safety Program through 2010 Y. It was recommended to approve an agreement with the MN State Patrol to work traffic on Pilot Knob Road PUBLIC HEARINGS AMENDMENT TO 2009 FEE SCHEDULE City Administrator Hedges introduced this item regarding an amendment to the 2009 Fee Schedule establishing a permit fee for outdoor electronic sound system/ audio equipment use after 10:00 p.m. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing. Action on the item was continued until later in the meeting. q City Council Minutes July 7, 2009 Page 3 n OLD BUSINESS There were no old business items. NEW BUSINESS INTERIM USE PERMIT - MAGGIE MELL City Administrator Hedges introduced this item regarding an Interim Use Permit to allow boarding of up to seven horses at 4085 Lexington Avenue south. He noted that this item was presented to the City Council as a proposed conditional use permit on May 19, 2009. City Planner Ridley gave a staff report and suggested two additional conditions of approval. John Schonberg and Maggie Mell were present and available for questions. Councilmembers discussed the City Attorney's response to the question regarding the feedlot permit required by Dakota County. Peter Ramstad, neighboring property owner, further discussed the requirements by the County for a feedlot. He stated that he does not object to issuance of a feedlot permit but that he does object to the number of horses proposed for the property. He commented also on the dimensions of the subject parcel and further requested that the manure container be required to have a cover. Councilmembers held a discussion which included, the number of horses that should be allowed on the property and where the horses would be exercised, the need for a vegetative buffer, soil testing that should be required on a regular basis, potential runoff into Patrick Eagan Park, manure containers, fencing and/or gating of the property, and Coggins testing / verification. Mr. Schonberg noted that the proposed use of the property is not a commercial use. He further noted that the manure container has a cover, and a gate could be installed at the end of the driveway near Lexington Avenue which is the only area that the horses would be able to exit the property. He stated that the horses would be moved from the barn to the riding area daily for exercise, as well as being ridden in Lebanon Park. Ms. Mell addressed the Coggins testing, stating it has always been her practice to test her horses. She stated she would provide documentation of the tests. Councilmember Tilley stated she was opposed to seven horses being kept on five acres. Councilmember Bakken stated that he had done additional research and that seven horses can be managed on the site provided proper maintenance is utilized. He also stated his support for a vegetative buffer between eh lower paddock and the park property is appropriate and that he would suggest annual soil testing via the University of Minnesota Extension Service. Councilmember Fields stated she also did additional research and stated that the useable area of this property for horses if far less than five acres. She stated she was uncertain if keeping seven horses on such a small parcel of land was humane. She further noted that Ms. Mell is not to ride her horses in Patrick Eagan Park, and if she does so, Councilmember Fields would be very upset. Mr. Schonberg stated he understood the concerns raised by Councilmembers but suggested that was the purpose of changing the application from a Conditional Use to and Interim Use. He stated they would like to have the chance to show the Council and neighbors that they can manage the site and all of the conditions of approval associated with the requested permit. City Council Minutes July 7, 2009 DR A T Page 4 Mayor Maguire commended the applicants for their perseverance and cooperation throughout the process of considering their request. He also stated that he appreciates all of the concessions they have made and also stated that he will not support a reduction in the number of horses from seven. Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow boarding of up to seven (7) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the conditions in the Advisory Planning Commission minutes of June 23, 2009. Discussion following the motion included Councilmembers Fields and Tilley stating their belief that seven horses was too many for the site. Councilmember Hansen suggested changing the number of horses from seven to five. Councilmember Bakken stated he was not in favor of the change. Mayor Maguire said he agreed with Mr. Bakken and further stated his belief that the Interim Use Permit has been overly regulated already. Councilmember Hansen requested a friendly amendment to the motion, changing the number of horses from seven to five. Mayor Maguire did not accept the amendment. A vote was taken on the amendment which passed 3-2. Councilmember Tilley stated her support for the amended motion was due to the fact that there had been no horses on the site for a number of years and that the riding arena was previously approved. Councilmember Fields clarified that she was not in attendance at the May meeting but had shared with Councilmember Bakken her desire that an interim use permit be used rather than a conditional use permit. Councilmember Bakken stated that he is sorry and disappointed with the disservice this action represents. The motion was amended to read: Mayor Maguire moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to allow boarding of up to five (5) horses for Maggie Mell located at 4085 Lexington Avenue South, subject to the following conditions: Aye: 3 Nay: 2 (Mayor Maguire and Councilmember Bakken opposed). 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate in three years (July 7, 2012). 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The premises shall be open for inspection by City and County agents and they shall be allowed access to inspect the premises. 5. The applicant shall meet all state environmental and water quality standards. 6. There shall be no more than seven horses on the site for the purpose(s) of boarding and personal use. 7. No signage shall be displayed for advertising of the boarding facility. 8. The applicant shall maintain the existing fences to contain the horses and to prevent the animals from escaping onto neighboring properties or injuring the public. ~2 City Council Minutes - , July 7, 2009 J Page 5 9. No horses shall be buried on the property. 10. The applicant shall adhere to the MPCA guidelines for manure management. The composting shall occur outside the Shoreland Overlay district as identified on the Site Plan received June 10, 2009. The manure shall be picked up weekly and removed from the site on a biannual basis. 11. There shall be no additional removal of trees or vegetation of any kind on the property. 12. The applicant shall section off the lower paddock into thirds to reduce overgrazing and erosion of the property. An electrical fence shall be in place according to the maintenance plan in the narrative received June 8, 2009. 13. The applicant shall take and maintain measures to eliminate soil erosion from the subject property onto adjacent property. 14. The portion of the fence currently located on park property shall be removed and relocated or rebuilt within the applicant's property line. 15. The property must be platted and a building permit issued prior to the issuance of the Interim Use Permit. 16. The applicant shall receive and maintain an interim permit from Dakota County for correction of pollution hazard. 17. Soil samples shall be submitted annually to the University of Minnesota Soil Testing Lab for "regular series" and results provide to the City. If the results are not acceptable to City staff, measures shall be taken to correct the condition of the soil. 18. The east frontage of the property along Lexington Avenue shall be fenced with a gate at the driveway; provided no trees shall be removed. 19. Annual Coggins testing shall be administered to the horses with results made available to City staff. PLANNED DEVELOPMENT AMENDMENT - TOWN CENTRE 100 (TOWN CENTRE SHOPPES) City Administrator Hedges introduced this item regarding a planned development amendment to allow detached recycling enclosures at the three buildings of Town Centre Shoppes and to allow an outdoor dining area located at 1260 Town Centre Drive (Sambol restaurant). City Planner Ridley gave a staff report. The applicant was present to answer questions. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow detached recycling enclosures at the three buildings of Town Centre Shoppers, legally described as Lots 3 and 4, Block 1, Town Centre 100 Sixth Addition and Lot 1, Block 1, Town Centre 100 20th Addition, subject to the following conditions: Aye: 5 Nay: 0 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. 2. A building permit is required prior to construction of the enclosures. 3. The enclosures shall be located as shown on the Site Plan dated May 20, 2009. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow an outdoor dining area located at 1260 Town Centre Drive (Sambol restaurant), legally described as Lot 3, Block 1, Town Centre 100 Sixth Addition, subject to the following conditions: Aye: 5 Nay:0 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. 2. The outdoor seating shall be contained within the fenced area as shown on the Patio Plan dated June 4, 2009. 3. The outdoor dining patio shall not obstruct pedestrian movement. City Council Minutes July 7, 2009 /y Page 6 4. A separate building permit is required for the site renovations and for a sewer access charge (SAC) redetermination. PLANNED DEVELOPMENT AMENDMENT - TOWN CENTRE PLAZA City Administrator Hedge introduced this item regarding a planned development amendment to permit tenant building signage and modifications to the monument sign for the office building at 1185 Town Centre Drive. City Planner Ridley gave a staff report. The applicant was present to answer question. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to permit tenant building signage and modifications to the monument sign for the office building at 1185 Town Centre Drive, legally described as Lot 1, Block 1, Gatewoods Addition, in the NE % of Section 15, subject to the following conditions. Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. 2. A sign permit must be obtained prior to refacing the monument sign, and prior to installation of each building sign. 3. The monument sign location shall not change, and the brick base to match the building shall be retained. The monument sign not exceed 7 feet in overall height, and the sign face shall not exceed 4 feet in height and 12 feet in width. 4. The monument sign message area shall consist of the building name and address, in dark bronze aluminum characters mounted on a beige background. 5. Building signage shall consist of one building identification name above the main entrance on the south elevation; four tenant names on the south elevation and one tenant name on the east elevation, per the approved Sign Plan dated May 15, 2009. 6. All building signage shall consist of non-illuminated reverse channel letters in dark bronze, individually mounted to the building. 7. Major products or services offered by a tenant may be included in a tenant's sign, provided it conforms to the same style as the other building signs in color, type size and font. 8. Building signs including corporate logos, emblems and shields are not permitted. ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to Chapter 11, regarding screening of building and ground-mounted mechanical equipment. City Planner Ridley gave a staff report. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, specifically as it relates to the screening of building and ground-mounted mechanical equipment and direct the City Attorney to publish the amendment in the Legal Newspaper. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an amendment to Chapter 10, Section 10.31, as it pertains to noisy parties or gatherings and electronic sound systems/audio equipment use. City Planner Ridley gave a staff report. 8 City Council Minutes July 7, 2009 F Page 7 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Chapter 10, Section 10.31, as it pertains to noisy parties or gatherings and electronic sound system/audio equipment use to require a permit for outdoor electronic sound system/audio equipment use after 10:00 p.m. Aye: 5 Nay:0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to Chapter 11, Section 11.70, as it pertains to Temporary Outdoor Events. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution approving an amendment to the 2009 Fee Schedule establishing a permit fee for outdoor electronic sound system/audio equipment use after 10:00 p.m. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:47 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 8:53 p.m. ADMINISTRATIVE AGENDA There were no items for the Administrative Agenda. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 9:55 p. M. Date Administrative Secretary / Deputy Clerk Agenda Information Memo July 21, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Reduction in personnel hours in Administrative Services-- ACTION TO BE CONSIDERED: Approve the reduction in hours for the non union Clerical Tech III in Administrative Services to 20 hours per week. Item 2. Part-time Seasonal Concessions Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Allison Arthur as a part-time seasonal concessions worker. ~O Agenda Information Memo July 21, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 2, 2009, July 9, 2009 and July 16, 2009 as presented. ATTACHMENTS: • Check registers dated July 2, 2009, July 9, 2009 and July 16, 2009 are enclosed without page number. ~l J Agenda Memo July 21, 2008 City Council Meeting CONSENT AGENDA: D. Tree Maintenance Contractor Licenses for Jim Blanske, JB Tree, and Steven Hovland, About Tree Care ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for Jim Blanske, JB Tree, 830 221St Avenue NW, Oak Grove, MN; and Steven Hovland, About Tree Care, 4749 Narvik Drive, Eagan FACTS: • Jim Blanske and Steven Hovland have applied for tree maintenance contractor licenses and all requirements of the applications have been met and fees have been paid. • Staff recommends approval of the licenses. ATTACHMENTS: • The applications are available for review in the Administration Department. ~o~ Agenda Memo City Council Meeting July 21, 2009 CONSENT AGENDA: E. Exempt Permit for Faithful Shepherd Catholic School ACTION TO BE CONSIDERED: Adopt Resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on January 30, 2010 at 3 3 5 5 Columbia Drive. FACTS: • Faithful Shepherd Catholic School has applied with the Minnesota Gambling Board for an Exempt Permit to hold a raffle at 3355 Columbia Drive on January 30, 2010. • This event will be part of the school's annual gala. • All requirements of the application have been met and staff recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page I • The application is available for review in the Administration Department. ~3 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Faithful Shepherd Catholic School to conduct a raffle on January 30, 2010 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: July 21, 2009 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2l't day of July, 2009. Maria Petersen, City Clerk Agenda Memo July 20, 2009 Regular City Council Meeting F. AWARD bids for replacement tread mills and ellipticals for the Eagan Community Center for equipment budgeted for replacement in 2009. ACTION TO BE CONSIDERED: Award equipment contract to One Source Fitness for replacement of six (6) tread mills in the amount of $41,831.81, budgeted for replacement in 2009. Award equipment contracts to One Source Fitness for replacement of four (4) ellipticals in the amount of $21,653.20 and 2"d Wind Exercise for eight (8) ellipiticals in the amount of $24,552.48, budgeted for replacement in 2009. FACTS: • During the 2009 budget process staff proposed the replacement of six (6) tread mills and twelve (12) ellipticals for the ECC fitness center. • The estimated cost for the replacement equipment was very close to the threshold requiring formal competitive bids and the City Council authorized the solicitation of bids on June 16, 2009. • The treadmill replacement budget amount was $60,000 and the successful bidder came in at $41,831.81. There were four bidders for this equipment. • The elliptical replacement budget amount was $72,000 and the successful two bidders came in at a total of $46,205.68. There were four bidders for this equipment. • While the elliptical equipment could have been purchased from one vendor there was enough variety that two separate products were selected to enhance the family of equipment offerings in the fitness center. • The purchase of equipment would come out of the existing renewal and replacement funds and the new equipment replacement would be reallocated into the renewal and replacement cycle. ATTACHMENTS: • None Agenda Memo July 20, 2009 Regular City Council Meeting G. AUTHORIZE submission of an application to renew the trademark for C Breeze and the Cascade Bay logo. ACTION TO BE CONSIDERED: Authorize the submission of an application to renew the trademark for C Breeze and the Cascade Bay logo. FACTS: • In 1999 when Cascade Bay opened there was a significant amount of work dedicated to the name and theme of the park. • Once the Cascade Bay logo was designed, additional work was done to create a signature character that appeared on signs throughout the park. • In order to preserve the integrity of the Cascade Bay logo and the Captain C Breeze character both were trademarked in 1999. • The initial trademark period of 10 years will expire in October, 2009 and needs to be renewed. • The renewal fee for the next 10 years is $25 and requires the signature of the Mayor on behalf of the Eagan City Council. ATTACHMENTS: • None Agenda Information Memo July 21, 2009 Eagan City Council Meeting H. PROJECT 858, SIBLEY TERMINAL/ HWY 13 - STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: 1. Receive the bids for Contract 08-13 (Sibley Terminal/Highway 13 - Storm Drainage), and continue consideration of contract award to August 18, 2009; and, 2. Receive the Final Assessment Roll for Project 858 (Sibley Terminal/ Highway 13 - Storm Drainage Improvements) and schedule a Final Assessment Hearing to be held on August 18, 2009. FACTS: • Project 858 provides for storm drainage improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. • On May 19, 2009, the latest Public Hearing for Project 858 was held. After the presentation of the feasibility report and discussion from the affected property owners, the City Council approved the project and authorized the preparation of detailed plans and specifications along with an assessment benefit appraisal for the affected properties. • On June 2, 2009, the City Council approved the plans and specifications for Contract 08-13 and authorized a solicitation of formal bids to obtain a firm construction cost estimate of the proposed improvement. As a result of a bid opening held on July 16, 2009, the low bid is 38.9% below the Engineer's Estimate and 41.6% below the Feasibility Report estimate. The alternate bid is a cost estimate to replace a unrelated section of watermain as a maintenance improvement at another location. • Due to objections to the proposed assessments expressed at the time of the Public Hearing on May 19, a Final Assessment Hearing is proposed to be held prior to the Council's consideration of awarding the contract. Since any non assessable cost will become the responsibility of the City, the limiting assessable benefit valuation and low bid will be presented at the Final Assessment Hearing proposed for August 18, 2009. • Appraisals of benefit for the affected properties were not yet available at the time of preparation of this memo, but will be forwarded to the Council with the Administrative Agenda. • This revised Final Assessment Roll is being presented to the Council for their consideration of scheduling a Public Hearing to formally present the final costs to be levied against the benefited properties. • An informational meeting with the affected property owners will be scheduled prior to the Final Assessment Hearing to present the information and answer any questions regarding the process. ATTACHMENTS: • Project 858 Final Assessment Roll, to be distributed with the Administrative Agenda. • Bid Summary, enclosed on page I~ BID SUMMARY - CITY CONTRACT 08-13 SIBLEY TERMINAL INDUSTRIAL/ TH 13 STORM DRAINAGE IMPROVEMENTS CITY PROJECT 858 COMANCHE ROAD WATER MAIN IMPROVEMENTS (ALTERNATE BID) Bid Date/ Time: 10:30 a.m., Thursday, July 16, 2009 13 Bids Received - Low 5 Bidders Shown Contractors Total Base Bid Alternate Bid 1. G.F. Jedlicki, Inc. $82,315 $89,896 2. Stocker Excavating $86,947 $99,059 3. Northwest Asphalt, Inc. $90,324 $89,601 4. Carl Bolander & Sons $90,793 $91,624 5. Quiring Excavating $93,233 $85,785 Project i i. Bid Feasibility Report Estimate ' Estimate Estimate i Estimate 858 $82,315 $140,915 -41.6% $134,700 -38.9% Add Alt. Alternate Bid i Over/Under Engineer's % Under FR Estimate Estimate Eng Estimate Bid Report Estimate Comanche $89,896 NA NA $114,300 -21.4% Rd Water Main GTrojects.&Contracts/08-13/Bid Summary Results Agenda Information Memo July 21, 2009 Eagan City Council Meeting 1. CONTRACT 07-07, DODD PARKSIDE/ MARSH COVE SANITARY SEWER LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 07-07 (Dodd Parkside/ Marsh Cove - Sanitary Sewer Lift Station & Utility Improvements) in the amount of $ 9,671.29 to Geislinger & Sons, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-07 provided for public water main, sanitary sewer and lift station improvements to serve the Dodd Parkside and Marsh Cove developments, and surrounding area, in southeast Eagan, as petitioned for by the developer of Dodd Parkside and approved by the City Council under City Project 951 on June 19, 2007. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. /7 Agenda Information Memo July 21, 2009 Eagan City Council Meeting J. CONTRACT 08-02, LONE OAK LIFT STATION IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 08-02 (Lone Oak Road - Lift Station Upgrade Improvements) in the amount of $13,154.97 to Minger Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions, contingent upon receipt of required final documentation from the Contractor. FACTS: • Contract 08-02 provided for the replacement and upgrade of the existing sanitary sewer lift station (NG.1) located southwest of the intersection of Lone Oak Road (County Road 26) and Poppler Lane, as approved by the City Council in the 2008- 2012 Capital Improvement Program. • These improvements have been completed, inspected by representatives of the Public Works Department and Dakota County, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo July 21, 2009 Eagan City Council Meeting K. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD - INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 09-12 (Diffley & Rahn Road - Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-12 provides for construction of a roundabout at the Diffley Road intersection with Rahn Road, as well the construction of a bituminous trail on the north side of Diffley Road from Rahn Road to Blackhawk Road (Project 719). • On June 2, 2009, the City Council awarded Contract 09-12 for these improvements. • Change Order #1 provides for additional traffic control and detour signing necessary to properly maintain traffic while the project is constructed. • The change order provides for an estimated ADD of $3,246.90 (0.34% of original contract). The cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the City's Engineering Division and Dakota County and found to be in order for favorable Council action. R1, Agenda Information Memo July 21, 2009, Eagan City Council Meeting V. PUBLIC HEARINGS A. WAIVER OF SUBDIVISION - JOHN KENNY AND SANDRA MARSYLA ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Waiver of certain Subdivision requirements to allow a Final Plat to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau, located at 1469 and 1467 Highview Avenue. To approve a Final Plat (Valley View Plateau Plat 3) to shift the lot line between Lots 4 and 5, Block 3, Valley View Plateau, located at 1469 and 1467 Highview Avenue. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The property owner has applied for a Waiver of Subdivision in order to complete a simple lot split by replatting the property via a Final Plat. The Waiver of Subdivision allows for the City Council to forgo the Subdivision requirements since the total acreage of the property is remaining the same and the only change occurring is the location of the common lot line. ➢ The property owner of Lot 4 has utilized a pie-shaped piece of property, thought to be her own, for maintenance of arborvitae trees and an underground irrigation system. ➢ The two property owners want to rectify this misunderstanding by adjusting the lot line between the two lots. ➢ The strip of land affected is 746 sq. ft. ➢ The proposed adjustment would shift the common lot line approximately 6.8 feet on the south end of the properties, to the east (into Lot 5) so that the trees and irrigation system are on Lot 4. ➢ Both Lots 4 and 5 will continue to exceed the minimum 12,000 sq. ft. lot size and the structures will continue to meet required setbacks. ➢ The Lots are proposed to be replatted into Lots 1 and 2, Block 1, Valley View Plateau Plat 3. ➢ The plat and recording of same will allow a readjustment of a lot line. ➢ The property is zoned R-1 (Residential Single Family) and is adjacent to Highview Avenue Road. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: August 21, 2009 ATTACHMENTS (3): Location Map, page Applicant's narrative, pageoJ4 Final Plat drawing on page- . ~o~ Eagan Boundary Right-of-way Location Map Park Area Area k Area Building Footprint 01 ~W P- 1 ~ 7 i ~ ` 'F~~~r• CJ r . l p co 7', to - y. o . o C3 @ 4 f © © i,-~,> 1 Ell Nte o 13 a ® ° Sbjed a©o s d4. o a o o 0 o C © a O Y cam 0 in I o © Do b ® to © Q y. fl c o © ® , r "I o D ❑ p fl fl oo p o 0 o cj p' P Li ® 4 a ® 0 F7 0 0 Lo 0 b 70 g mm t' ~•~O °o 00 p o ~ p o 1000 0 1000 21100 Feet Development/Developer: Kenny Application: Waiver of Subdivision Case No.: 04-WA-01-06-09 Q3 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of EBQflIl The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. s community Development Department NARRATIVE CITY OF EAGAN DEVELOPMENT APPLICATION ATTACHMENT REGARDING PROJECT DESCRIPTION FOR APPLICANT JOHN AND PATRICIA KENNY Project Description Use: The fee owners are adjoining land owners. Sandra Marsyla owns the property located at 1469 Highview Avenue, Eagan, Minnesota, legally described as Lot 4, Block 3, Valleyview Plateau. The Kennys own the property located at 1467 Highview Avenue, Eagan, Minnesota, legally described as Lot 5, Block 3, Valleyview Plateau. Each of these properties are used as residential properties. As a result of a survey by the Kennys, it was determined that Ms. Marsyla had been using a pie-shaped piece of land, approximately 6.8 feet wide at its widest point, for maintenance of arborvitae trees, and an underground irrigation system for some time, believing such land to be owned by her. The purpose of the proposed re-plat is to re- plat Ms. Marsyla's legal description to include this pie-shaped piece of land, and to exclude it from the Kenny's legal description. Both properties will continue to be used as residential properties. Location: The properties in question are adjoining properties located at 1469 Highview Avenue, legally described as Lot 4, Block 3, Valleyview Plateau, and, 1467 Highview Avenue, legally described as Lot 5, Block 3, Valleyview Plateau, both in Eagan, Minnesota. Subdivision Name (existing/proposed): There will be no change to the subdivision name. Property Size: (acres/square feet) Number of Lots: 2 *Marketing name of project: Not applicable *Telephone number: N/A 94 r OL49aAL PLAT VALLEY VIEW FLA TEAU 0LA T 3 KNOW ALL PERSONS BY THESE PRESENTS: Tbpt Jan. S. Ninny nand Pvlriciv A. RIPly. and -I. Dwnera ..d p Op I-I, OI 111 p erllly tool I e d plotted Ine properly eeaeribee m is ~vt oa VALLEY ettNEW PLATEAU PLAT J: Inat this plat b Idiowlnq axrAS Oe property altuoled In IT, County If D.-I, Stele PI MlnneaolO, I. wit. enectyrepreamblbn o ynw too rwy, l a Belo m ly dmi9nvled Pn Ine plot: that III --I, Lot 5. IN- 3, Volley View P101eeu, D.-I County, Minn-P IWFIK M m IN e Dbl here bell 1c11 Mye pxMY let Pf intli<aled on Ihe~DIPL I- WI I-1., bwndwiee end ref fonds Oa defined b MS 505.D1, 5 od. 3 ea atMq va oIne dale el t... cxtifitalbn ore shown and I0Me0 m Ine DIPI: Ihdl Olt went ways we fnpwn me labeled On INe plot. And tool Sangre L. Morello. owner and plb,- Of the lallawlrlq de.wbed property PI.- b Ine Cw.ty If D.K.I.. Stole OI Minnea.tP, I. wit. LAI 1, Bbes 3, v y Vi- PlPlew. D.- C-.I,. Mmneaele N~neS to Llcenae W. 15.;0 STATE OF MINNESOTA ae o. Nora cauae4 Ine Iwne P be axwyed and plotted as VALLEY VIEW PLATEAU PLAT J and do hereby dIdl,,t, to the pVbik. Ica DVblic use COLNTY OF RENNEPIN Iwevx, the mWWYWI1 Of anown m Iola pet Ica dralna9e and utility mly. Tne Iwegobq r'f Cerlilkvle wvf ecane.ledged before me I- I, If 200by OrK S. NonsP .-API. LlcmR.a< No.. ISABO n wiineaa caner S. Kenny II Ontl POtcicb A. Ninny, nu4rme end w e, nave hereunto ael heir nenda Inn y I el 300 ~ n lery PuWie, CwntY. mne My Commifaion EapNea Jmn S. Kenny II P.-im A. K -y W. I. ne y --y of vn III y 1 200- Ine City Cwnca If Eegen. Mmnxolo opwowd In po. STATE OF CIXM TI OF _ 711 we9Pbq in eanewleegee belie me l im dvy If 200by Jenn 5. K -y 11 Old Pnlrbla A. K Y. Vabm0 and wale. Pvrwont I. SecUOn 3830.65. Mmneaeta SlalVlee. InK peal nef bee app owe InK Y I 20D_ - wY Public, _ Cau.ly, My Cw.mib- E.pwea BY: Tae__--_-_---_-- e B. Tdbam Delwle Ceunly Surwyer 1. Pit-, -If Iaid Sonero L. Mwayo. single, noI hxeunle fel her hind Iola 1, Ol 200_. -by cerllly tool N. IPw. Ica lne yepr 300- IOr ne I.nd --Id m la Plot as VALLEY NEW PLATEAU PLAT ] hew been pod and ne dtlNwe.t I.- wt Me me trmafer -1.- in a ddy el 200- Spnd.a L MonNo STATE OF County Treaa Mm caNrY OF Doaom CwnlY. r. Mmn.aae Tne foregoing inatrumenl woo Pesnewledged Delwe me ton y 1 200_ Dy Smdra L. uorsyl0, single. DOCUMENT NUMBER Nolmy P-.. County, I hxlUy certify that thla Inii-Ill was filed b N. ofl" If the C-ly Recorder ix I- on INK day If My ew.mKb.. E.p:ea 200_ al o nOCK -4.. and wva tluly recorded b It- If on DpQe Cwntl'Kecarex r77~>l7vitrrrr rv i~11~ L. vC'~ n~~717v1AV Denote County, Mint. _ _ nn'v'snr s2enn 589'45'I0 T BI MEAS (Z5Q GO VALLEY NEW PLATEAU) - w r rellFxt xc 1. I, ajNXA0 MIRRAP MRA IDIT, DNwf~ ARD afAI,Y FAxWD,T- (rK.w9 Aawenar uwnrw*) THE EAST/WEST -TER LINE MINNESOTA OF SECTKN 1, TOWNSHIP 27, RANK 23, DAKOTA COUlT Y, MINNESOTA A IS ASSWED TO BEAR 1499'53'31'W. vrld. s. c_ I I I 13 1 I I 0 DENOTES IRON MONUMENT SET 8 I rJe 'r I Iry I AND MARKED BY RLS 15150 WmTY YAP F I g • DENOTES IRON MONUMENT FOUND SEC, 4 TVP 27 FIX 23 I I I~ v L. rr LOT 1 GIL LOT 2 ,1r. N A I 0 I~ a o 2 V v 3 , fJ' 'ff' I I-- N I I~ la A ~ ' I A r l I5 ~ L -~-'--J JBE Jw - s s ' Fg0'IJB'~ Q y 1 ? 1)167 r, Ilam ° --N89'45'40'W 149.73 WAS (230.00 VALLEY NEW PLATEAU) JO 0 30 60 F /71l>T7V ILIIy rY V'ElV UL S SCALE IN FEET SSSUNDE RECEIVED MAY 2 12009 Agenda Information Memo July 21, 2009, Eagan City Council Meeting VII. NEW BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - COVENTRY SENIOR LIVING ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment (OR direct preparation of findings of fact for denial) that would change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), to allow for a 64 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW '/o of Section 16. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The subject site is part of the Blue Cross Blue Shield East Campus Master Plan The Council approved a subdivision in 2003 to allow 12 unit townhome buildings on two separate lots. The Council approved a Planned Development Amendment to allow one 24 unit townhome building on two lots in 2007. Due to market conditions this application was withdrawn prior to recording of the approvals. A 71 unit Assisted Living Facility was proposed on the site in 2008 but ultimately withdrawn prior to Council action. Access occurs from Hunt Drive, which was renamed from 815` Street, via Coachman Road, South of Yankee Doodle Road. ➢ The site has been graded and the parking lot and storm water pond were also installed with the 2003 approvals, but modifications will be required per the proposed plan. Surrounding development consists of Single Family homes, Apartments, and the City Maintenance Facility. The proposed Site Plan identifies a 64 unit Senior Living Facility with a density of 28.4 units per acre, which constitutes the need to reguide the property. The proposed amendment would require a number of deviations from standard R-4 (residential multiple) zoning. Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road (has since been eliminated) • Parking stall width • Parking of less than two stalls per unit • Building coverage greater than 20 percent • Recreation area less than that required a2 The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment on June 23, 2009 and is recommending denial. ISSUES: Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Planned Development Amendment request will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan amendment. However, it is appropriate for the Council to comment on the other request at this time. ➢ Subsequent to review by the Metropolitan Council, if so directed, the following action will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow for a 64 unit Senior Living Facility for property legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/a of Section 16. The applicant has waived the 60-day agency action deadline on this application to allow for the Comprehensive Guide Plan amendment process, which cannot be submitted to the Metropolitan Council until they have approved the City of Eagan's 2030 Comprehensive Plan update. • The applicant must also apply for a Final Plat to combine Lots 1 and 2, Block 1, Terra Glenn 3`d Addition. ➢ The APC stated that the proposed use appeared too intense for the proposed site with the number of proposed deviations and they saw no compelling reason or public benefit to modify the land use designation to allow an increase in density. Many neighbors spoke in opposition to the project due to potential increases in traffic, noise, crime, the hourly workforce, poor aesthetics and devaluation of properties. All of the jurisdictions, which are required to receive notification of the proposed Comprehensive Guide Plan Amendment, have responded to the notification and have no comments or concerns regarding the proposal. ➢ The Applicant has submitted a modified Site Plan which eliminates the need for the setback deviation from Yankee Doodle Road, and also a modified Conforming Plan and narrative (attached) to reduce the number of deviations to speak to the concerns discussed at the Advisory Planning Commission meeting. 120-DAY AGENCY ACTION DEADLINES: September 18, 2009 ATTACHMENTS (6: Location Map, pagesc'~ttuuugh- Draft June 23, 2009 APC Minutes, pagesa through-? Planning Report on page~through Revised Narrative and Graphics from Applicant received July 13, 2009 on pagethrough7~>_ Wagner e-mail received June 23, 2009 on pages2Zt Property tax information received June 23, 2009 on pages through Eagan Boundary Right-of-way Parcel Area Location Map Park Area Building Footprint .o ® 6 ® r Igo o fa o ® a o ® 9 ta7 e 6 ® Emu p o HUNT DRIVE so 8 Sub'ect Site a goo I z, q m ~ rEt cp c; ~ ~B d 6 m v 4 MIR GO d w ®P®®a ~ ® 4 e s .09 IP 1000 0 1000 2000 Feet Development/Developer: Coventry Senior Living Application: Comprehensive Guide Plan Amendment Case No.: 16-CG-02-05-09 r) 10 N C~p E8 THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City o p n The City of Eagan and Dakota County do not guarantee the accuracy of this information and are b not responsible for errors or omissions. S ton+mun![v DeYe/oprment Department B. Coventry Senior Living Applicant Name: Coventry Senior Living Location: 1650 Hunt Drive; Lots 1 & 2, Block 1, Terra Glenn 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from (SA) Special Area to (HD) High File Number: 16-CG-02-05-09 Application: Planned Development Amendment A Planned Development Amendment to allow a two- story senior living facility. File Number: 16-PA-05-05-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 17, 2009. She noted the background and history. She distributed and discussed an email received from resident Jenifer Berger dated June 23, 2009. Greg Johnson, Coventry Homes, discussed the proposal including aspects of the facility, setbacks, parking, neighboring homes, the need for this type of facility in Eagan, delivery schedules, garbage pick-up, screening, recreation space, and the potential for 28 units of rental space if conversion was needed. He stated the paved lane on the west property line was requested by the Fire Marshal. He also discussed the State of Minnesota background check requirement for staff of the facility. Vice Chair Keeley opened the public hearing. Nicole Fox, 3570 Birchpond Road, stated' concern for potential increases in traffic, noise, crime, the hourly workforce, poor aesthetics and devaluation of her home. Vladimir Storchak, 3542 Birchpond Road, stated concern for this type of business being placed in the neighborhood. He asked where the families are coming from and stated concerns with problems occurring at other similar facilities. Chris Young, 3533 Birchpond Road, stated concern for the safety of children and questioned the proper procedures for the applications, and if the City Code was being followed properly in that the burden of proof should be on the applicant that this project would not have an adverse impact on neighboring properties. Alex Gohar, 3545 Birchpond Road, stated concern for the current maintenance of the property and stated the property taxes are delinquent. Amy Ryan, 3513 Birchpond Road, agreed with stated concerns for the neighborhoods property values and the safety of its residents and also ambulance traffic and the high degree of transient people at the proposed facility. Todd White, 3586 Birchpond Road, stated concern for the safety of his children and stated the facility will see more visitors than projected. He stated he built his home based on the approved 24 townhome unit configuration. Kenny Young, 1716 Terra Glenn Court, stated agreement with all concerns already mentioned. He stated disagreement that the Skyhill Park would be used by the residents of this facility. He stated the park is one-half mile from the facility and the shortest route, through his neighborhood, lacks sidewalks. He disagreed with the projected number of visitors and the 0)? level of care promised. There being no further public comment, Vice Chair Keeley closed the public hearing and turned the discussion back to the Commission. City Attorney Bauer addressed the standards used for the Compressive Land Use Plan. He explained what is appropriate for the Advisory Planning Commission to discuss regarding the proposal. Vice Chair Keeley stated medium density is more appropriate for the area. She also stated concern for the amount of parking if the building was converted to market rate apartments. Member Filipi stated agreement with Vice Chair Keeley and stated the surrounding land use greatly differs from the proposal, which is too dense. He stated he will vote against the proposal. Member Heaney moved, Member Dugan seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SAND (Special Area/ Medium Density), to SA/HD (Special Area/ High Density) for a 64 unit senior living facility on 2.25 acres forproperty located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3~ Addition, in the NW'/4 of Section 16. A vote was taken. All voted against. Motion failed: 0-7. Member Filipi moved, Member Heaney seconded a motion to recommend denial of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density) for a 64-unit senior living facility on 2.25 acres forproperty located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3~ Addition, in the NW %4 of Section 16. A vote was taken. All voted in favor. Motion carried: 7-0. It was stated that the reasons for denial are the deviations from City Code standards indicating that the project is too dense for the site. Member Heaney moved, Member Dugan seconded a motion to recommend denial of a Planned Development Amendment to construct a 64-unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW % of Section 16. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2009 CASE: 16-CG-02-05-09 16-PA-05-05-09 APPLICANT: Coventry Senior Living HEARING DATE: June 23, 2009 PROPERTY OWNER: Yankee Doodle Properties Inc. APPLICATION DATE: May 21, 2009 REQUEST: Comprehensive Guide Plan Amendment and Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3`d Addition COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW `/4 of Section 16. AUTHORITY FOR REVIEW Comprehensive Land Use Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. 31 Planning Report - June 23, 2009 Coventry Senior Living Page 2 PD Amendment: Chapter 11, Section 11. 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 1981, the city approved a Planned Development for the property that encompassed a variety of uses including Limited Business, Low Density Residential, Medium Residential and Park uses. The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS had a plan proposing a total of 720,000 square feet of additional office space to be added from 2004 to 2015. In addition, approximately 25% of the 162 acre site was devoted to undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to single family residential. In 2002 a Preliminary Planned Development was approved to incorporate the master plan which included medium density residential east of the existing campus, south of Yankee Doodle Road, west of the City's Maintenance Facility and single family residential south of the medium density development. The subject site was approved as part of a larger subdivision in 2003, which created 54 single family and 24 townhome units on 39.5 acres of property. The development was proposed to be built in three phases, two single family phases and one townhome phase. The majority of the single family homes have been constructed. A Final Planned Development was approved in 2004 allowing two 12 unit townhome buildings on separate lots for a total of 24 units. The property owner received approval in 2007 for a Planned Development Amendment to construct a single three story building containing 24 condominiums on the medium density property but withdrew the application due to market changes. In 2008 the property owner applied for a Comprehensive Guide Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility but withdrew the application prior to action by the City Council. EXISTING CONDITIONS The subject site currently consists of two platted parcels. The current proposal will require an application to replat the property into one single parcel as well as vacation of existing drainage and utility easements. The property has been graded and the storm water pond has been constructed per the original approvals in 2003. The parking lot has also been installed, however modifications to the grading, pond and parking lot will be needed for the newly proposed development. Planning Report - June 23, 2009 Coventry Senior Living Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South City Maintenance facility PF, Public Facility QP, Quasi Public East City Maintenance facility PF, Public Facility QP, Quasi Public West Single Family PD, Planned Development SA, Special Area Residential Homes EVALUATION OF REQUEST Code Requirements - The Planned Development Amendment in 2007 approved the 24 unit townhome building on one lot, however the development never commenced and the applications were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots for a total of 24 units. The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. This is meant to encourage a more creative and efficient approach to the use of the land, and preserve and enhance desirable site characteristics, natural features and open space. Proposal - According to the Applicant's narrative the benefit of the proposed Planned Development Amendment to the city is that, "Currently, there is a lack of housing for this demographic of elderly in the Eagan Community." The revised proposal includes a change to allow for high density residential, specifically, a 64 unit senior living facility which includes two-story residential wings with 16 home neighborhoods on each floor. Each 16 unit neighborhood is private and secure with one bedroom and 15 studio units surrounding a central living space. The proposed building results in a higher density than allowed by the R-4 zoning district standards, the building setback less than 50 feet from Yankee Doodle Road, building coverage greater than 20 percent, recreation area less than that required, reduction of parking stall width from 10 feet to nine feet and parking of less than two stalls per unit. All of these deviations from City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the deviations is a policy matter to be determined by City officials. The requested Planned Development Amendment cannot be implemented (or processed further) without the approval of the land use change by the Met Council. 33 Planning Report - June 23, 2009 Coventry Senior Living Page 4 Compatibility with Surrounding Area - The proposed density is not consistent with the MD (Medium Density) designation and for that reason the applicant has applied for the Comprehensive Land Use Plan Amendment. Comprehensive Land Use Plan - The subject site is currently guided SA/MD (Special Area/ Medium Density). While the entire 40 acre SA is divided into four different land use categories, this site provides areas for medium density residential which allows for 4 to 12 units per acre. The proposed SA/HD (Special Area/ High Density) designation is to provide for high density attached housing units including townhomes, condominiums and apartments allowing for gross densities greater than 12 units per acre, including the common areas. With appropriate buffering, high density residential uses can be compatible with other lower density residential uses as well as with more intense commercial and industrial uses. In some situations, high density residential uses may serve as the buffer between lower density residential and higher intensity commercial and industrial uses. High density developments may be best suited to properties with severe development limitations such as steep slopes, trees and wetlands because attached dwellings are well suited to clustering techniques. Access needs vary with the size of the development as those with a large number of units should be located along arterial or collector roads and close proximity to transit serviced is desirable. The site has good visibility along Yankee Doodle Road (County Road 28) which is classified as an "A" minor arterial which extends from TH 13 to CSAH 56 in Inver Grove Heights. This location is part of a mixed-use planned development, in proximity to both apartments and retail commercial businesses and next to both single family homes and the Public Works maintenance facility. Densi - To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. Proposed - The developer is proposing 64 units on a gross site area of 2.25 acres, resulting in a gross density of 28.4 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage stalls. With 64 units and 1 underground garage stalls, the required site area would be 4 acres (the equivalent of 16 units per acre). The site area is less than 4 acres and the proposed density, exceeds 16 units per acre and thus, deviates from typical R-4 zoning standards. For comparative purposes: ➢ Gramercy (Independent Senior Living) provides 14 units per acre ➢ Marice Manor (Assisted Living) provides 35 units per acre ➢ Keystone (Assisted Living) provides 56 units per acre 3q Planning Report - June 23, 2009 Coventry Senior Living Page 5 Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility. Conforming _Plan - The applicant provided a conforming plan with the proposal; however the narrative explains the reason for less height (2 stories instead of 3 or more) and therefore a greater building footprint to best fit the surrounding neighborhood. The conforming plan has less green space and landscaped areas as more of the property is covered with impervious surfaces. The applicant also submitted an "Alternate Apartment Plan" which identifies how a future conversion of the 64 units to market rate apartments may occur. The plan identifies 28 total units but does not accommodate for the necessary 56 parking stalls (one enclosed or underground garage space per unit and one outdoor parking space per unit), discussed under the parking section of this report. Performance Standards - For the purpose of discussion, this proposal is reviewed under the R-4 (Residential Multiple) zoning district minimum and maximum standards. These are the same standards that were utilized to review the condominiums and townhomes previously proposed on this site. Setbacks - As the table below indicates the proposal. does not meet the setback requirement of 50 feet from Yankee Doodle Road. The ordinance requirements are listed below. Setback requirements are not established in a Planned Development zoning. Ordinance Approved w/Condominiums Proposed Front yard: Yankee Doodle 50 feet 80 feet 45 feet Front yard: Hunt Drive 50 feet 116 feet 95 feet Side yard: east property line 30 feet 148 feet 94 feet Side yard: west property line 30 feet 50 feet 32 feet Building Coverage - The R-4 zoning district allows for a maximum of 20 percent building coverage. The applicant proposes a maximum of 25 percent coverage. Building Height - Building height is measured from the average grade to the midpoint of a pitched roof. City Code allows a maximum building height of 35 feet. The elevations depict the height of the building is approximately 31 feet. Building Elevations/Architecture - The building is proposed to be constructed of brick and glass (31%), and cement board siding and trim (69%). City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The elevations meet this requirement. The colored elevations depict the garage door to be painted a color to match the building. This is also included as a condition of approval. 3S Planning Report - June 23, 2009 Coventry Senior Living Page 6 Mechanical Equipment - All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. The applicant has stated that all mechanical equipment is designed to be housed inside of the building. Recreation Area - As mentioned later in this report, Skyhill Park was dedicated as part of the original plat for this development. However, City Code requires that on-site recreation space be provided in multiple-family developments. The Code requires 200 sq. ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula based on 64 units, a total of 12,800 square feet is required. This area must be a minimum of 100 feet from the ponding area which is located on the east side of the property. The applicant has identified 3,060 square feet of recreation area on the site plan, which is enclosed with a six foot fence. There is a gate which provides access to a five foot concrete walk that leads to the fire lane adjacent to the west side of the building. This design not only provides emergency fire access but also a future recreation area if it is necessary for the site. Parking - The proposed building provides 43 parking spaces for 64 units, a ratio of 0.67 to 1. This ratio is less than that of prior approvals for other senior housing apartments. For comparative purposes: ➢ Clare Bridge - Alzheimer's & Dementia Care Community (1997) provides .5 stalls per unit (with proof of parking to total .88 stalls per unit) ➢ O'Leary (1997) provides 1.16 stalls per unit ➢ Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) ➢ Oakwoods Phase I (1991) provides 1.7 stalls per unit ➢ Keystone (2003) provides 0.87 stalls per unit ➢ Oakwoods Phase 11(2007) provides 1.1 stalls per unit The City Code requires two parking stalls for each multi-family dwelling unit (at least one covered or underground), with no specified parking standard for senior housing facilities. As noted in the applicant's narrative, underground parking was researched and the costs were found to be extraordinary. Staff points out if the conversion to market rate apartments were to occur at a future date, the site would be under-parked approximately 13 parking stalls. More specifically, the applicant proposes 42 surface parking stalls and 1 garage parking stall. The stalls are proposed to be 9 feet wide which is a deviation from the 10 foot width requirement. According to the applicant, the reduction in stall width is to maximize onsite parking. The applicant provided a memo from Essential Decisions, Inc., a firm that specializes in data collection and market research for senior housing projects. According to the memo, the parking demand for such a facility as proposed can range from .52 to .42 based upon the availability of transportation services close to the site. Also, according to the memo, 39 parking stalls would be more than adequate to serve the proposed development which includes parking for residents, employees and visitors. The applicant expects 17 parking stalls needed for operations at peak hours and only 3 stalls for residents. The remaining 23 stalls would be available for visitors. Planning Report - June 23, 2009 Coventry Senior Living Page 7 Site Lightin - Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 footcandles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average- to-minimum uniformity ratio not greater than 4:1. All fixtures should be downcast and shielded to prevent glare. The submitted photometric lighting plan appears to satisfy the above standards except that it is unknown if the fixtures are downcast and shielded. The two pole-mounted parking lot lights are proposed to be mounted 23' in height (20' pole on a 3' base). The photometric lighting plans show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average:minimum ratio. Light levels exceed 1 footcandle at the southern border of the property near the eastern parking lot light. The plan should be revised to not exceed 1 footcandle at the property line. Sidewalk lighting in front of the building and within the enclosed recreation space is provided by 10' poles. Additional lighting is provided on the building. Sig_nage - The submitted application did not include a specific sign plan, however the site plan identifies a monument sign located east of the site entrance. As a condition of approval, all site signage should comply with applicable provisions of the City Sign Ordinance. Landscaping - City Zoning Ordinance requires a landscape plan for new construction of all multiple residential developments. Landscaping is required to provide shade and break up expanses of hard-surface area, screen parking, loading and service areas, control erosion, and provide visual interest. The proposed landscape plan appears acceptable with some modifications. The proposed landscape plan does not provide adequate screening of the parking lot for the residential properties to the south. A solid screen of not less than 3' 6" should be constructed to capture the vehicle light beams and muffle the vehicle noise. Foundation plantings should also be added to the rear of the building to provide visual interest. All landscaped areas are required and proposed to be irrigated. Storage Space - City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit. According to the applicant, the facility will be providing resident storage of 150 cubic feet each. Trash Storage - Trash storage is proposed inside the building on the first floor plan, adjacent to the garage. Grading - The site was graded as part of previous development proposals. The preliminary grading plan depicts re-grading of a majority of the site to accommodate the change in land use. Existing retaining walls on the site will be modified to accommodate the development. Long- term maintenance of these retaining walls will be the responsibility of this development. -37 Planning Report - June 23, 2009 Coventry Senior Living Page 8 Storm Drainage - The developer is proposing the oversizing and perforating of storm sewer pipes within the site to allow for infiltration before discharge to the storm water pond. Detailed soils information and infiltration calculations for this proposed storm water system should be submitted for review and approval by the City Engineering Department prior to building permit issuance. The developer should enter into an agreement with the City, in a form acceptable to the City Attorney, providing for all future maintenance of this storm sewer infiltration system by the property owner. To satisfy City water quality requirements when the original plan for this site was approved in 2003, a storm basin (treatment pond) was constructed immediately east of the parcel and in between it and a wetland further east. Minimum City requirements for the volume and size of this treatment pond were based on the impervious surface of the original area draining to the pond and the development originally approved. The City required the treatment pond to have at least 0.62 acre-feet of "wet-storage" volume and at least 0.27 acres of surface area. According to City "as-built" record plans, however, the treatment pond (City Pond CP-2.1) actually has a "wet-storage" volume of 0.53 acre-feet and a surface area of 0.19 acres. Thus, City Pond CP-2.1 is too small to treat stormwater for the originally approved development. Although the area draining to City Pond CP-2.1 has not changed, this proposed development would add more impervious surface than the originally approved plan. To meet City requirements for water quality treatment ponds, City Pond CP-2.1 would need to be expanded 0.16 acre-feet to at least 0.69 acre-feet of volume and 0.10 acres to at least 0.29 acres of surface area (increases of 30 percent and over 52 percent, respectively). Such a reconstruction of City Pond CP-2.1 is neither feasible nor prudent. To meet the City's existing comprehensive stormwater management requirements, this development is now subject to City Code §4.33, Post Construction Requirements (effective October 31, 2008). These regulations emphasize reducing the need for "traditional" stormwater management infrastructure by using natural topography, minimizing impervious surface areas, and maximizing infiltration and retention. Developments are required to control and reduce stormwater runoff volume; control total phosphorus and total suspended solids in stormwater runoff; and control stormwater runoff flow rates initially through the use of "best management practices," to the maximum extent practicable. Best management practices (BMPs) include a broad range of strategies such as: narrowed street widths, reduced or shared parking facilities, permeable pavements, rainwater gardens, and cisterns. According to City Code §4.33, if the BMPs available at the time of development cannot control, prevent, and minimize degradation of surface water, ponding shall be considered acceptable. As provided by City Code §13.20, this development may be subject to cash dedications in lieu of the above requirements, at the City's discretion. Planning Report - June 23, 2009 Coventry Senior Living Page 9 Therefore, in consideration of the above, the following City comprehensive stormwater management requirements are relevant to this development proposal: 1. Volume control/reduction: The first one half-inch of runoff from any storm event shall be infiltrated or retained on site. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. Soil borings indicate unsuitability for infiltration; b. New infiltration of the equivalent runoff volume the applicant accomplishes elsewhere within the same City sub-drainage district c. The potential of groundwater contamination due to such variables as, but not limited to, the following: 1) Geology that exposes aquifer vulnerability; 2) Land use that causes high pollutant and sediment levels in stormwater; or d. Other circumstances that may affect feasible and prudent implementation of the infiltration policy set forth in the Water Quality & Wetland Management Plan. II. Total phosphorus (TP) control: TP loading shall be controlled as follows: a. Stormwater runoff shall be treated to achieve no-net-increase of the predevelopment TP load on an annual basis before discharge to natural water bodies. III. Total suspended solids (TSS) control: TSS loading shall be controlled as follows: a. Stormwater runoff shall be treated either to achieve no-net-increase of the predevelopment TSS load on an annual basis before discharge to natural water bodies. IV. Runoff rate control: All stormwater facilities shall be designed, installed, and maintained to accomplish the following: a. Maintain pre-development peak runoff rates for the 50%, 24-hour storm event; b. Maintain pre-development peak runoff rates for the 10%, 24-houre storm event. At a minimum, the storm sewer system shall be designed for the 10%, 24-hour storm event. Low areas must have an acceptable overland drainage route with the required transfer capacity when the event is exceeded; c. Maintain pre-development peak runoff rates for the 1%, 24-hour storm event. d. Where the City's stormwater management plan and its updates show lower rates for the 50%, 10%, or I% events, this lower rate shall supersede the pre-development rate control criteria. Wetlands - This development would not be subject to City Code § 11.67, Wetland Protection and Management Regulations, because there are no wetlands immediately on this parcel and there are no proposed wetland alteration activities that would affect the wetland or wetland buffer to the east of City Pond CP-2.1. Utilities - Sanitary sewer and water main stubs of sufficient size and capacity are available for connection from Hunt Drive. Planning Report - June 23, 2009 Coventry Senior Living Page 10 Streets/ Access/ _Circulation - The development proposes one public street access onto Hunt Drive, formerly 81St Street, to the south. Pedestrian access to the site is provided via an existing trail along the north side of Hunt Drive. Easements/ Permits/ R ght-of-Way - The developer should dedicate drainage & utility easements over all public storm sewer and ponds within the lot. Tree Preservation - The subject property originally appeared before the Park Commission in November 2003 and again at their meeting on March 17, 2008. There is no additional removal of existing significant vegetation proposed with this application. Existing; on-site Tree Miti ag tion - Sixty-two Category B mitigation trees required through the Terra Glenn application tree mitigation requirements had previously been installed on site in 2007. These trees are to be preserved or replaced throughout this application. The applicant has submitted a Landscape Plan and project narrative that indicates the following: • 22 trees will be removed and replaced with similar sized trees 23 trees will remain as is • 3 trees will be relocated on site • 12 trees are currently dead and/or missing and will be replaced • 2 additional trees will be installed • 36 new trees will be installed as per the plant list on page L1. Parks and Recreation - The Park Dedication for the entire Blue Cross parcel (including the subject site) was satisfied through the dedication and development of what is now Skyhill Park. No additional park dedication is required. This development shall be subject to a cash trails dedication. The dedication is payable at the time of building permit at the rates then in effect. Additional Information - The applicant held a neighborhood meeting on June 16, 2009, which four individuals attended, including a representative from Blue Cross Blue Shield. A letter in support of the application from BCBS is attached for your information. SUMMARY/CONCLUSION Coventry Senior Living is proposing to construct a 64-unit senior living facility on 2.25 acres. The applicant is requesting approval of a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the change of use and increase in density. Planning Report - June 23, 2009 Coventry Senior Living Page 11 The proposed amendment will allow the introduction of high density residential in an area where medium density residential was approved. Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Building coverage greater than 20 percent • Recreation area less than that required • Parking stalls of a 9-foot width • Parking of less than two stalls per unit Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The applicant's narrative indicates that the proposed project is flexible in design to allow for changes in response to the market and will serve a segment of the Eagan population that currently has few options. The acceptability of the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Compliance with the City's tree preservation ordinance as well as water quality will be confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this project. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density) for a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW %4 of Section 16. To recommend approval of a Planned Development Amendment to construct a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/4 of Section 16. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits are necessary for the agreement: a. Final Site Plan b. Final Building Elevations c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Site Lighting Plan 2. The property shall be replatted into a single lot. 11 Planning Report - June 23, 2009 Coventry Senior Living Page 12 3. The applicant shall petition the City separately for vacation of existing drainage and utility easements. 4. A revised Landscape Plan shall be submitted to provide screening of the parking lot to the south and to add foundation plantings to the rear of the building. 5. There shall be no additional removal of existing significant vegetation. 6. The applicant shall fulfill the previously required tree mitigation conditions through the preservation and/or installation of sixty-two (62) Category B trees as follows: a. 22 trees will be removed and replaced with similar sized trees, b. 23 trees will remain as is, c. 3 trees will be relocated on site, d. 12 trees are currently dead and/or missing and will be replaced e. 2 additional trees will be installed f. 36 new trees (items 6a + 6d + 6e) will be installed as per the plant list on the Landscape Plan received June 3, 2009. 7. The applicant shall protect the preserved significant woodland areas through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the 23 significant trees/woodlands to be preserved on-site. 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. The applicant shall dedicate drainage & utility easements over all public storm sewer and ponds within the lot. 10. Detailed soils information and infiltration calculations for this proposed storm water system shall be submitted for review and approval by the City Engineering Department prior to building permit issuance. 11. The applicant shall enter into an agreement with the City, in a form acceptable to the City Attorney, providing for all future maintenance of this storm sewer infiltration system by the property owner. 12. The applicant shall submit a plan to meet water quality requirements prior to issuance of the building permit. 13. All mechanical equipment shall be internal or screened from views from off the property consistent with City zoning ordinances. 14. Trash storage shall be inside the building. Planning Report - June 23, 2009 Coventry Senior Living Page 13 15. All site signage shall comply with City Code requirements. 16. The garage door shall be painted a similar color to match the building. 17. This development shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. 18. Site Lighting shall not exceed one foot candle at the property line. All fixtures shall be downcast and shielded to prevent glare. Pole-mounted fixtures shall not exceed 20 feet in height. 19. Per City Code, 150 cubic square feet of storage space shall be provided per unit. ~3 Eagan Boundary Right-of-way Map ~Para Location ParkArea Park Area Building Footprint ewa am it t I 33 ® ® ® S 1 y „ it I' IM-ft neM I~ pump 1 1 v 1 ® 1 1 ® i; MA, ® ■ ® , m® . IM, AMM HUNT DRIVE 1 \ ~o• A Subject Site . • 1 8p 4■ v v ♦♦daa t e® ■ ® J+ ® ®®m a 6 d s 4 ♦ w aP~~~ apt° ■ ° A 1000 0 1000 2000 Feet Development/Developer: Coventry Senior Living Application: Comprehensive Guide Plan Amendment Case No.: 16-CG-02-05-09 ~I C7 N of THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City Of Eap The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan Coventry Senior Living Land Use Map Comprehensive Guide Plan Amendment 16-CG-02-05-09 - WL; 7L PWWA-M Zoning Map Q .o tt~ Op ' • ~I~ A lain IL- a RD q8 - Current Zoning: .1 'A CO rY ROAD NO. A(VAMKE9~DDODLE ROAD) Planned Development PF1 ° R~ le PO HUNT DRI VE 8-310 oe PF 3 /.OCat/0 I ALP 1 ~ ~ C7P D . _ P S O• ® ® 3 PD t ~ 16 ip 6 tr f00 0 f00 1200 Hat Comprehensive Guide Plan ` . Land Use Map t ® P ° ' • ~~I1~ O L"- cou ROAD N e (YANKEE DOODLE ROAD) Current Land Use Designation: D 4f HUNT DRIVE Q SA/MD L.ocat/o lpw Special Area/Medium Density a©a ~ . P ss s ~ . ~ 4D0 O 400 1200 Feet 4 a Parcel base map Information Provided by Dakota County Land Survey Department Decmber 2003. N Zontny 1RfoneaNon maintained by City Staff. w + E l THIS MAP IS INTENDED FOR REFERENCE USE ONLY My of ~ rho --rac- of this information. S i L ~ I II y jl' IIf IV.r t j y j : CNE -c.= RiJ!,r1 io.,.:: III z Es t STUGdC t1U% il~i R C _ _ _ _ 355.03' S89•44'16'B UNITS ' ^T I id lI51x REr_euw,- _ _ - h--- ~Y = !I' Is~E I - E I. - II I -E161Y-pE ! 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M:liJ hl._.., r'::- f..r Y, U.:S.~ N. >..,r:-;+t;w¢ix~.,y34'._.~,V 4.: -~F. _rr n:a;.;. .a+sn.,t-.inrJriwL•~;m,;1.:+f I_, K ~.H 'eilY i.' x r ' 14 AN, b Y, c T v, @Y . • «N.. > , 4,Sl,_ r +^an.w ;P.. .nwn+t (r I, „h` ~-,,,y` p~,~'~,1 'All rt,~"hi~ i' ~ • 4 lylrM+N i'9 ~~r~nM'~MMm4'Y t>+D!M>n 'grMMC ~'C. w• ` - ,F e x p 1, ' Tl k` tDY'H. 'x[°a -«f - _t_'% r t $ yo ~i~, e ; T , e~•*i . ~I' q : y° Q T S 1, ~ T y'~~ ~1 `t p~~~'N . 4 24 ~i ~i ,j Project Narrative The proposed project consists of 64 units. The concept behind our community is to better serve the frail elderly. Currently, there is a lack of housing in Eagan for this demographic. There are no nursing homes located in the community, seniors must look to Apple Valley or Burnsville for this higher level of care. Through this facility, we are proposing to fill that need locally. Our project is designed as a "small house" concept. This concept allows the frail elderly to have fewer corridors and less travel distance from their home to their daily activities. The common areas are laid out in. the middle of each neighborhood to maximize the resident interaction as well as resident/staff interaction. It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the University of Minnesota that these "small house" concepts promote a more intimate setting for the resident (as well as for staff) and create very positive care outcomes for the residents. The staff in our facility will be responsible for multiple chores throughout the day, keeping them involved with the residents. Residents and families will have greater choice and input into their daily care, e.g., made to order meals, escorts to the dining room, etc. The facility will have licensed nurses on site 24/7, allowing us to serve a much higher acuity level than the traditional "assisted care facility". Our goal is to provide a continuum of care that allows the resident to age in place as their needs increase. We are requesting the City to approve this project through your PUD process. As we will explain throughout this narrative, we feel this project merits your consideration as a PUD. We have spent a considerable amount of time and energy to design a concept that will serve the community of Eagan for many years to come. The project is flexible in its design and allows for changes in response to the market. With this concept, we are proposing to serve a segment of the population that currently has few options, particularly within the City. We ask that you. keep an open mind as you consume the following information. R 00 3 1005 EXTERIOR DESIGN In designing the exterior of the building, we paid close attention to the surrounding neighborhood. Our goal was to complement the existing homes in the area. We incorporated several residential aspects into our building, including the front entry porch, dramatic overhangs, garage doors, shed dormers and bay windows. The exterior colors of the building will be earth tone in design. The exterior finish materials, including architectural shingles, brick and hardi-siding will enhance the details of the building. . We lowered the building to two stories and added hipped roofs to further lower the roof line and limit the impact on the surrounding neighborhood. By lowering the building to two stories yet retain the required square footage, the building footprint does creep into the required set back from Yankee Doodle Road necessitating a variance. We believe the variance is justified as, with the existing set back from Yankee Doodle Road to the property line at 65 feet and another 45 feet from our property line to the building, we are still 100 feet away from the road, not encroaching onto the existing corridor of Yankee Doodle Road nor any future expansion of the roadway. The granting of the variance lessens the visual impact on the adjacent residential neighborhood. INTERIOR DESIGN On the inside of the building, we paid close attention to the "small house" concept. The residential wings are each two-story with two 16 home neighborhood's on each floor. This design creates small communities or neighborhoods, and allows for different levels of care for either assisted living or memory care seniors in each neighborhood. Each 16 unit neighborhood is private and secure with 1 one bedroom, and 15 studio units surrounding a central living space. Each central living space consists of an intimate hearth room and living room, a dining room, a den, and a kitchen as well as a balcony, a laundry room and storage areas. All residents will share a secure yard. A few shared amenities for the entire community are located in the central core area common space, located between the individual housing neighborhoods. On the main floor, residents and guests are greeted by a luxurious two-story Grand Lobby with its' two story fireplace and main stair which creates a warm comfortable living room atmosphere. The main entrance porch and vestibule, offices, public restrooms, and main kitchen, are centrally located off of the Grand Lobby. A shared resident pick-up/drop-off garage for Minnesota's cold winters is located off of the Grand Lobby. J~ Shared amenities located on the second floor include an activity room, a bathing room, and a salon. An elevator is located in the central core area to handle traffic from all communities. The mechanical equipment, the water and sprinkler system riser, the elevator equipment, and other. support areas for the building are located in the basement. OPERATIONS We are working with Ebenezer Management Services to be the operating manager of this property. Since 1917, Ebenezer has worked to fulfill one mission-to help older adults and others make their lives more independent, healthful, meaningful and secure. Ebenezer, through its partnership with Fairview Health Services, provides older adults throughout Minnesota with access to a full range of housing options and community- based programs and services. To view more information on Ebenezer and their programs, please visit http://www.fairviewebenezer.org/index.asp. SITE DESIGN The 2.25 acre site allows for a large yard and green areas for new landscaping and the existing trees. We have created a recreational area for the residents on the north side of the building. In this area, there will be extensive plantings, areas for residents to have small gardens and water features. The recreational area will be secured for resident safety. Our building design causes us to exceed the allowable hard-surface coverage on this property. Again, we took into consideration the surrounding neighborhood and felt that a two story building had less impact and fit into the area better than a three story building. Storm water will drain into an existing storm water retention pond located on the east side of the site. Any additional runoff created by our development will be handled on site with underground storage if necessary. There are a total of 43 parking spaces provided for on the site, which consists of 42 open spaces on the surface and one space in the shared garage. We believe this amount of parking is more than adequate to handle the expected volume. Any parking by residents would be minimal; we have set aside three stalls for residents. This will limit the parking primarily to staff, deliveries and visitors. We have explored underground parking for the project, but the additional costs to have underground parking beneath one of the neighborhoods is $400,000 - $450,000. This is an extraordinary expense on the project and one we hope not to incur. We have included a summary from EDI (a consultant with extensive knowledge in this arena) explaining their research on the matter. In addition, below is a chart for you to view showing our staff parking needs at peak hours: Staff Parking Needs 1 Director 1 Cook 1 Marketing Coordinator 1 Server 1 Receptionist 1 Maintenance 1 RN 2 Housekeeper 1 LPN 7 Home health aides 17 Total stalls needed for operations at peak hours SUMMARY In addition to supplying a much needed service to the community, this project will create upwards of 35 new jobs, which is something to consider when weighing the relative benefits of the facility. We thank you for your time and look forward to discussing this project with you in the near future. Memo To: Greg Johnson Select Senior Living From: Bob Van Slyke Essential Decisions, Inc. Date: May 29, 2009 Subject: Select Senior Living Eagan, MN. Project Parking Review Essential Decisions, Inc. is a firm which specializes in data collection and market research analysis for senior housing clients. You have requested us to provide you with a parking demand analysis for your Eagan project. It is our understanding the proposed project would consist of 64 assisted living units. Based upon data of other assisted living facilities, the parking demand can range from .52 to .42 based upon the availability of transportation services in close proximity to the site. According to studies done by ITE (Institute of Transportation Engineers), their data shows that assisted living facilities have a peak parking demand rate of .36, .30, and .34 per dwelling unit for weekday, Saturday and Sunday respectively. The average parking demand rate is .33, .24, and .28 per dwelling unit for weekday, Saturday and Sunday respectively. According to the ASHA (American Seniors Housing Association) study, vehicle ownership at assisted living facilities is 0.05 vehicles per unit. For 64 units, a minimum of 3 parking stalls are needed for residents. With a conservative approach, a minimum rate of .60 parking stalls ,per unit would be more than adequate to serve the proposed development which equates to 39 spaces for the proposed project (64units x .60 stalls per unit). This rate assumes the inclusion of resident, employee, and visitor parking. RECEIVED JUN 0 3 2009 t~ Colleen Connors, J.D. Senior Vice President s Human Resources & Facilities Services Blue Coss and Blue Shield of Minnesota 1800 Yankee Doodle Road, P33 Fagan, MN 55121-1644 Phone: 651 662-1150 rax: 651 G62 2059 colleen connors @bluecrnssnut.com RECEIVED JUN 17-11009 June 17, 2009 Mr. Greg Johanson Coventry Senior Living 12415 55'h Street North Lake Elmo, MN 55042 Re: BCBSM, Inc. Preliminary Approval of Proposed Eagan Development Dear Mr. Johnson: BCBSM, Inc., a Minnesota non-profit corporation, dba Blue Cross and Blue Shield of Minnesota ("BCBSM") issues this letter to grant preliminary approval of certain aspects of the proposed Coventry Senior Living development in Eagan, Minnesota per the terms of that certain Approval Restrictive Covenant in favor of BCBSM ("Covenant") encumbering Lots 1 and 2, Block 1, Terra Glen 3rd Addition, in Dakota County, Minnesota. Pursuant to the Covenant, BCBSM hereby approves the following: i) Number of lots/units equal to 64, as shown on (i) Site Plan on Sheet A1.1 dated 06/03/09 prepared by DBA Architects ("DBA") and (ii) Floor Plans on Sheets A2.2 and A2.3 dated 06/03/09 prepared by DBA; ii) Layout of streets, which do not alter existing public rights-of-way (including without limitation Hunt Drive), as shown on the Utility & Paving Plan on Sheet C2 dated 6/3/09 prepared by Clark Engineering Corporation ("Clark"); iii) Landscaping as shown on (i) Tree Preservation Plan dated 6/3/09 on. Sheet C4 prepared by Clark and (ii) Landscape Plan dated 6/3/09 on Sheet Ll prepared by Clark; iv) Housing designs as shown on (i) undated Title Sheet A.0.0 dated 6/3/09 prepared by DBA and Clark and (ii) Elevations Sheets A3.1 and A3.2 dated 06/03/09 prepared by DBA; V) Grading as shown on Grading & Erosion Control Plan Sheet C1 dated 6/3/09 prepared by Clark; and tr': fill,? Cruss`• and (;hue Shield-1, of lrfarnesota is a nonprofit independent licensee of the 131ue C cs and [clue Shield Associaticn YI Coventry Senior Living June 17, 2009 Page 2 vi) Storrawater management as shown on Utility & Paving Plan on Sheet C2 dated 6/3/09 prepared by Clark, provided, however, BCBSM's approval of the stormwater management plan assumes the proposed development's stormwater will (i) drain into the pond to the east of the proposed development site and (ii) not adversely impact BCBSM in any way. BCBSM generally supports the proposed development. As aspects of the proposed development change, BCBSM will need to be kept informed of such changes so that BCBSM can review such changes and determine whether to issue its final approvals under the Covenant prior to the Eagan City Council's approval of the development. Sincerely, Colleen Connors Senior Vice President, Human Resources & Facilities Services cc: Scott D. 7olmston Frank Fidler 1 2655610 %,02 06/16/2009 RECEIVED JUL 131009 rootfe P111~J1X ( ~~112 I' M1-' t~1` C~.ewe1'!Nci A 1.11 Project Narrative The proposed project consists of 60 studio and 4 one bedroom assisted care units. Our mission is to better serve the frail elderly. There is a need in the community for this higher care facility. There are no nursing homes located in the Eagan community; seniors must look to Apple Valley or Burnsville for higher levels of care. Through this facility, we are proposing to fill that need locally. Our project is designed as a "small house" concept. This concept allows the frail elderly to have fewer corridors and less travel distance from their home to their daily activities. The common areas are laid out in the middle of each neighborhood to maximize the resident interaction as well as resident/staff interaction. It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the University of Minnesota that these "small house" concepts promote a more intimate setting for the resident (as well as for staff) and create very positive care outcomes for the residents. The staff in our facility will be responsible for multiple chores throughout the day, keeping them involved with the residents. Residents and families will have greater choice and input into their daily care, e.g., made to order meals, escorts to the dining room, special services needing to be performed on a daily basis, etc. The facility will have licensed nurses on site 24/7, this along with a higher staff to resident ratio will allow us to serve a much higher acuity level than the traditional "assisted care facility". Our goal is to provide a continuum of care that allows the resident to age in place as their needs increase. We are requesting the City to approve this project through your PUD process. As we will explain throughout this narrative, we feel this project merits your consideration as a PUD. We have spent a considerable amount of time and energy to design a concept that will serve the community of Eagan for many years to come. The project is flexible in its design and allows for changes in response to the market. With this concept, we are proposing to serve a segment of the population that currently has few options, particularly within the City. We ask that you keep an open mind as you consume the following information. 10a 4- First we will address the project as proposed for the PUD, following that we will discuss an alternative conforming plan that meets the City's site requirements and restrictions. PROPOSED PLAN LOCATION The site sits directly adjacent to Yankee Doodle on the South side of the road. To the East of our property is Oak Hills Church. To the south is the City Public Works building and single family residential. To the West is the future expansion area for the Blue Cross Blue Shield campus. We feel the proposed project is ideal for this site. With a very busy thoroughfare in Yankee Doodle Road, the proposed project acts as a buffer for the lesser density single family residential to the south. We have included an aerial shot of the property and surrounding uses for you to see the intensity of development along the Yankee Doodle cooridor and how we may be a nice transition buffer to the single family properties to the south. EXTERIOR DESIGN In designing the exterior of the building, we paid close attention to the surrounding neighborhood. Our goal was to complement the existing homes in the area. We incorporated several residential aspects into our building, including the front entry porch, dramatic overhangs, garage doors, shed dormers and bay windows. The exterior colors of the building will be earth tone in design. The exterior finish materials, including architectural shingles, brick and hardi-siding will enhance the details of the building. . We lowered the building to two stories and added hipped roofs to further lower the roof line and limit the impact on the surrounding neighborhood. INTERIOR DESIGN On the inside of the building, we paid close attention to the "small house" concept. The residential wings are each two-story with two 16 home neighborhood's on each floor. This design creates small communities or neighborhoods, and allows for different levels of care for either assisted living or memory care seniors in each neighborhood. Each 16 unit neighborhood is private and secure with 1 one bedroom, and 15 studio units surrounding a central living space. ~e3 Each central living space consists of an intimate hearth room and living room, a dining room, a den, and a kitchen as well as a balcony, a laundry room and storage areas. All residents will share a secure yard. A few shared amenities for the entire community are located in the central core area common space, located between the individual housing neighborhoods. On the main floor, residents and guests are greeted by a luxurious two-story Grand Lobby with its' two story fireplace and main stair which creates a warm comfortable living room atmosphere. The main entrance porch and vestibule, offices, public restrooms, and main kitchen, are centrally located off of the Grand Lobby. A shared resident pick-up/drop-off garage for Minnesota's cold winters is located off of the Grand Lobby. Shared amenities located on the second floor include an activity room, a bathing room, and a salon. An elevator is located in the central core area to handle traffic from all communities. The mechanical equipment, the water and sprinkler system riser, the elevator equipment, and other support areas for the building are located in the basement. OPERATIONS We are working with Ebenezer Management Services to be the operating manager of this property. Since 1917, Ebenezer has worked to fulfill one mission-to help older adults and others make their lives more independent, healthful, meaningful and secure. Ebenezer, through its partnership with Fairview Health Services, provides older adults throughout Minnesota with access to a full range of housing options and community- based programs and services. To view more information on Ebenezer and their programs, please visit http://www.fairviewebenezer.org/index.asp. SITE DESIGN The 2.25 acre site allows for green areas for new landscaping and the existing trees. We have created a recreational area for the residents on the north side of the building. In this area, there will be extensive plantings, areas for residents to have small gardens and water features. The recreational area will be secured for resident safety. Our building design causes us to exceed the allowable had-surface coverage on this property. We took into consideration the surrounding neighborhood and felt that a two story building would have less impact. Storm water will drain into an existing storm water retention pond located on the east side of the site. Any additional runoff created by our development will be handled on site with rain gardens and ponding if necessary. CA TRAFFIC There are a total of 43 parking spaces provided for on the site, which consists of 42 open spaces on the surface and one space in the shared garage. This amount of parking should be more than adequate to handle the expected volume. Any parking by residents would be minimal; we have set aside three stalls for residents. This will limit the parking primarily to staff, deliveries and visitors. We have explored underground parking for the project, The additional expense is significant but not prohibitive. We anticipate the additional expense to be $400,000 - $450,000. By constructing the underground parking with this plan we add an additional 24 underground stalls. We have included a summary from EDI (a consultant with extensive knowledge in this arena) explaining their research on the parking matter. In addition, we have included a chart for you to view showing our staff parking needs at peak hours: Staff Parking Needs 1 Director 1 Cook 1 Marketing Coordinator 1 Server 1 Receptionist 1 Maintenance 1 RN 2 Housekeeper 1 LPN 7 Home health aides 17 Total stalls needed for operations at peak hours Traffic is another item we have addressed. We hired Spack Consulting to perform a traffic study for us on the site. They are a respected independent company based in the Twin Cities and have worked on projects with the city of Eagan in the past. We asked them to compare the 24 townhome units that are currently approved for the site to that of our 64 unit assisted care facility. The study showed there is a minimal effect of traffic from this proposal to that of a 24 unit town home project. We have included this memo for your review CONFORMING PLAN 7~- In our early design of this project, City Staff asked us to create a conforming design that meets the Cities requirements on this site. We have modified the design to make it more attractive both inside and out. Many of the items talked about above stay the same, however the physical appearance of the building has changed along with the site design. EXTERIOR DESIGN The exterior design of the building has been raised to three stories, the roof has been changed from pitched to flat. As with our two story design we have taken significant time in designing a quality exterior. The exterior pillars and balustrades will give the building a stately mansion feel. Brick and hardi siding will be used to complement the exterior facade of the building. This design helps us meet the City requirements for height as well as several other benefits. INTERIOR DESIGN The interior design of the building will change to accommodate more units on each floor. Although not as desierable a floor plan, we will still be able to accommodate our residents and staff with the intended mission for this project. There will continue to be intimate areas throughout the neighborhoods, we will have gathering areas for residents on special occasions. SITE DESIGN This conforming plan does give us significant improvement on our site plan. We have considerably more open space along with additional proof of parking. Our building foot print is at 18% coverage, meeting the 20% coverage. Our proposed parking is 39 surface stalls with 25 covered stalls (24 underground 1 covered on West end of building) a total of 64 with proof of parking for an additional 24 stalls if necessary for a grand total of 88 parking stalls. RE-DEVELOPMENT OF PROJECT As this is a PUD proposal, any use other than what is proposed needs approval from the City. With that said, if this project looked to change its use, we looked at the building to redevelop in to market rate condos or apartments. In redesigning the building using the existing foot prints of the two buildings we maxed out the project at 28 units. With that number of units we would more than satisfy any of the parking requirements set forth in the city's guidelines. We feel that the design of our project gives us the flexibility to change with the market as we move forward into the future. Our ownership is well capitalized and committed to serving the community for years to come. (V ~ EMPLOYEES There will be a wide range of employees at our facility, with a wide range of pay schedules depending on the type of service an employee may provide. We will have a director who is in charge of the whole facility and works in conjunction with the RN to assist in the day to day functions of the neighborhoods. We will have one RN whose job it is to manage patient care along with the overseeing of the LPN's and universal workers. We will have several LPN's who work three different shifts to help give our facility the on site care we have proposed. We will have several Universal workers who interact with the residents on a daily level. The Universal worker will be responsible for bathing, clothing, assisting with meals, cleaning and laundry. There will be onsite maintenance personnel to maintain the property on a daily basis. Marketing will be on site along with an office administrator. We will have a chef to prepare made to order meals and a few part time staff to help fill in when care level is at its peak during the day. In addition to Ebenezer's tight hiring policies, all employees are required to provide information for a background check completed by the State of Minnesota. Any employee who does not pass the background check is not eligible for employment. SURROUNDING VALUES We have talked to several appraisers and looked through many databases for information on this specific type of project and the affects it has on surrounding single family neighborhoods. In talking with the appraisers, both commercial and residential, there does not seem to be any negative impact to those single family homes. In fact it was felt that this project would be a nice transition for the single family homes and may actually help stabilize the neighborhood for the future. In searching for information we came across several studies that looked at the impact of high density residential on single family neighborhoods. These studies did not speak specifically to Assisted care however they were very telling in their findings. One study in particular commissioned by the National Multi Housing Council, Sierra Club and ULI can be found in its entirety at http://www.nmhc.orWContent/ServeFile.cfm?FilelD=4647. Although not specifically commissioned for Assisted living, it does touch on the effects this project may have on the surrounding single family property. For your review, we have included the section pertaining to values. SUMMARY We have created both of these designs with the knowledge that either community would allow us to meet our intended mission. We feel both of the proposed design's offer the surrounding area multiple benefits. This project could be a tremendous benefit to the community. We are proposing to serve a segment of the population that does not have many of options when looking for higher acuity extended care. We are providing a new base of jobs for the Eagan community. We are proposing to add a new asset to the community in a project that would be valued over $9 million dollars. When looking at this project, we ask you to keep in mind that this building is no bigger than a 28 unit one and two bedroom condominium building. This building is very self sufficient and needs little in the way of public services. We would make a great neighbor and be a great asset for the community. Our affiliation with the Ebenezer community will allow us to be on the leading edge of the senior care industry for years to come. We thank you for your time and look forward to discussing this project at your next meeting. s t# z :r 04 leuo i i f4 law* S -k RECEIVED JUL 13 2009 a q THE TRAFFIC STUDY COMPANY Memorandum To: Greg Johnson, Coventry Senior Living From: Mike Spack, P.E. Date: 7/10/2009 Re: Coventry Senior Living Traffic Generation - Eagan, MN A senior assisted living facility is proposed near 81st Street and Coachman Road in Eagan, MN. The facility is proposed to have 64 units with 64 beds. Development on the site was previously approved for 24 townhome units. This memorandum documents the amount of traffic expected to be generated by the proposed assisted living facility versus the traffic that would have been generated by the approved townhome project. A trip generation analysis was performed for the site based on the methods and rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8th Edition. The ITE Trip Generation Manual is a compilation of traffic data from existing developments. The results of the analysis are shown in Table 1. The amount of traffic generated by the proposed assisted living facility is comparable to the traffic anticipated to be generated by the approved towhhomes. Table 1 - Vehicles Enter! n /Exitin Ea an Site Daily ITE Land Use Description Out In Out In • 254 Proposed Assisted Living 64 Beds 85 85 8 4 11 12 230 Approved Townhomes 70 70 2 9 8 4 24 Dwelling Units Difference +15 +15 +6 -5 +3 +8 ITE's Transportation Impact Analyses for Site Development report recommends a detailed traffic impact study be done for developments generating 100 or more trips in a peak hour. The proposed assisted living facility is expected to generate 23 peak hour trips, well below the 100 trip threshold. Traffic generated by the proposed facility is not anticipated to have a noticeable impact on the nearby transportation network. Therefore, a traffic impact study analyzing nearby intersection operations is not warranted for the proposed facility. RECEIVED JUL la MYTH AND FACT n ry 111rrr ~ HC National Multi 'y,1/'n1„J Housing Council" S 1 mm cLtj~ =AIA it J1j_►~ Ut W of f `7 No discernible difference exists in the appreciation rate of properties located near higher-density development and those that are not. Some research even shows that higher-density development can increase property values. The precise value of real estate is determined by many factors, and isolating the impact of one factor can be difficult. Although location and school district are the two most obvious determining factors of value, location within a community and size and condition of the house also affect value. Several studies have examined whether multifamily housing has any impact on the value of nearby single-family detached houses. These studies have shown either no impact or even a slightly positive impact on appreciation rates. For instance, one study by the National Association of Home Builders looked at data from the American Housing Survey, which is conducted every two years by the U.S. Census Bureau and the Department of Housing and Urban Development. It found that between 1997 and 1999, the value of single-family houses within 300 feet of an apartment or condominium building went up 2.9 percent a year, slightly higher than the 2.7 percent rate for single-family homes without multifamily properties nearby.' Another study, commissioned by the Family Housing Fund in Minnesota, studied affordable apartments in 12 Twin Cities neighborhoods and found "little or no evidence to support the claim that tax-credit family rental developments in [the] study eroded surrounding home values."2 And a long-term study by Harvard University's Joint Center for Housing Studies published in 2003 also confirms that apartments pose no threat to nearby single- family house values, based on U.S. Census data from 1970 to 2000.3 Not only is there compelling evidence that increased density does not hurt property values of nearby neighbors: researchers at Virginia Tech University have concluded that over the long run, well-placed market-rate apartments with attractive design and landscaping actually increases the overall value of detached houses nearby.4 They cite three possible reasons. First, the new apartments could themselves be an indicator that an area's economy is vibrant and growing. Second, multifamily housing may increase the pool of potential future homebuyers, creating more possible buyers for existing owners when they decide to sell their houses. Third, new multifamily housing, particularly as part of mixed-use development, often makes an area more attractive than nearby communities that have fewer housing and retail choices.s ' National Association of Home Builders, "Market Outlook: Confronting the Myths about Apartments with Facts" (Washington, D.C.: Author, 2001), p. 4. 2 Maxfield Research, A Study in the Relationship between Affordable Family Rental Housing and Home Values in the Twin Cities (Minneapolis: Author, November 2000). 3 Alexander Hoffman, The Vitality of America's Working Communities (Cambridge, Massachusetts: Harvard University Joint Center for Housing Studies, 2003). 4 Arthur C. Nelson and Mitch Moody, "Price Effects of Apartments on Nearby Single-Family Detached Residential Homes;" Working Draft (Blacksburg, Virginia: Virginia Tech University, 2003) 5 Arthur C. Nelson, "Top Ten State and Local Strategies to Increase Affordable Housing Supply," Housing Facts & Findings, vol. 5, no. 1. Echelon at Lakeside Echelon at Lakeside is the only multifamily development in an upscale, master-planned single-family suburban neighborhood of Lakeside on Preston in Plano, Texas a suburb of Dallas. Florida-based developers Echelon Communities, LLC, overcame initial community opposition from area residents through high-quality innovative design. The award-winning architecture blends seamlessly with the surrounding neighborhood's traditional style. Larger-than-normal floor plans, individual entries, and attached garages combine to mirror the grand estates in the surrounding communities. Although street elevations make the buildings appear to be one single family home, they actually house several multifamily units. Memphis-based architects Looney Ricks Kiss used five building types and three building styles. All units include high-quality interior finishes; community amenities include a resort-style pool, fitness facility, clubroom, business and conference center, and full-time concierge. PROFILE The award-winning apartments at Echelon at Lakeside were designed to blend with the neighboring luxury homes. Concerned citizens should use the entitlement process to demand high-quality development in their communities while understanding that density and adjacent property values are not inversely related. Higher-density real estate developers and investors in higher-density real estate need to appreciate the fact that most Americans' wealth is held in their home equity. Therefore, changes in property values can have very real consequences to existing property owners. Likewise, homeowners would benefit from knowing that developers make a substantial financial commitment when investing in new higher-density projects. This investment is an incentive to make the project successful, which can give the community leverage in working with the developer. Such interrelated and overlapping economic interests among these stakeholders make it all the more likely that a mutually beneficial agreement can be reached. Such an agreement can result in a project that enhances the existing community, ensures the appreciation of residents', developers', and the local government's financial interests, and addresses the needs of current and future residents of the community and region.6 6 This entire review was created by the ULI Haughey, Richard M. Higher-Density Development: Myth and Fact. Washington, D.C.: ULI-the Urban Land institute, 2005. ULI Catalog Number: N27 International Standard Book Number: 0-87420-941-2 ^73 RECEIVED JUL 13 2009 _=Ee E F riCY E -E~'_K l III', z m~ n \ j 0 I • ~ rn e f, _ I I U 1. I / I ('1 I I 61 o 111 4. - I 6 61 t) ~ _ n n I l~_____-ec=ee"_ae _ _ c~ ei ~ II Al C) ~'t C 1'] < sal 0 _ ~ 0 r a, o t, c~ t~ , o ' m r I. n m ,c1 t r c~ 1 s~ ~ n ~ tr ~ n t r < 'r' i nt i ~i i t •e m e O 1 t:. ct r. r_ n t, ti o c, t~ i 1^ nl c . 1~t dl o. T t' i 1 L- n. i 1 ° 1* IT' COVENTRY SENIOR LIVING a NOT TO BE 1 11n,reCrs 11',IIONI (INI 11U (INI: l I'IF, w USED FOR CONrJTRUCTION 7300 HUDSON BLVD. N., SUITE230 OAKDALE, MN65128 PH(651)714A115 FAX 16511735.1218 1 -7L[ -dbaarrl~Xecltcan i RECEIVED JUL 13 2009 IL ii1 k „ ~ II n LI O ,;"TO ['3E architr COVENTRY SENIOR LIVING a NO l~ U I11 win ( wl 'N! ( U lI t'( I'II ~ CONSTRUCTION 3oonuosoHeLVD.n.,su E230 OAKDALE, MN 55128 PH(651)714A115 FAX (651)735-1228 79 RECEIVED JUL 13 1009 _ t iO DE61GN FEAW --1 i FM CEI EOMO 61DN6 ~ U { PEER OEMW OOPFO TdM L 5 51 vWER V N 2 O R006dCE El C/ S 7 dR'NI1E014Rl1 F'FFLd6T ~ 21 r tl tl ~ 6YItl 61tl6 ® ~w 6LW YHII -~}a _ ^ t tliiWY I yaw LFr~~ a - - - - 107"'.'7"1 1100, _X r Liillll EOi F 7'M. 0•% -'I9HED RQ:R L n.o-ee OOK Z N 1 p s D VO FMIS 11 RIm _ uev.. Imml C o LL ~ ~NORTN ELEVATION ~ Z VALE, LA V6". . 7d X 36 6Cd E M FE U Q BO4 . I'.p- . M k 7 m, S p. Itl. ~I• O WON* t Po ~9 IVY W lit ~ PMIIR FLOOR F~ II II_ r,IIIII o TroFM%oFLooR c 9p it I 9Ul~~N. I 11JIL ~ II JI v 150" °AED FLOOR ~ 100.1'O 50UT AM N ELEVATION FROJEOT,OE-601 BOdLE~ V6' . I'-0' . 7{X36 e,~C M FEET x.eLE~'n6° • r~^ . o x n m { e~• ELEVGTICNS From: Jenifer Berger [mailto:jenibergerl@gmail.com] Sent: Tuesday, June 23, 2009 8:33 AM To: APC Cc: amy.ryan@bestbuy.com; roger_w_kleppe@bluecrossmn.com; Jane Gohar Subject: Coventry Senior Living Proposal Dear Advisory Planning Commission Members, I am writing to you to express my concerns over the Coventry Senior Living proposal on 1650 Hunt Drive, Lots 1 & 2 Terra Glenn 3rd Addition. This project was up for review last year and was denied due to the multiply requests for exceptions to Eagan's building codes and simply trying to cram too many people on such a small space . I am a resident of Terra Glenn, one of the closet homes to this project. A visual you won't see in the presentation is the homes that are 100-300 yards of the lot. We can see this property and will certainly have to deal with the increased traffic, parking and noise. I would like you to carefully consider not approving this project for the following reasons; 1) When the residents of Terra Glenn bought our homes, we were told 12 town homes would be built on that property, not a business with 62 units plus staff and consistent deliveries. This is not even close to what we were told was planned. The idea of senior living is nice, but it seems if you are going to change what its zoned for, a project 1/5 of the proposed size would be appropriate. 2) The space is just too small for this size project. 3) Is Blue Cross Blue Shield aware of the plan and do they approve this time? The project proposal is not much different from last time and they objected over environmental integrity. 3) Increased traffic, large trucks consistently coming in a residential neighborhood and not enough parking. We already deal with City of Eagan maintenance vehicles and people cutting through our neighborhood at extreme speeds, this will magnify the problem that already exists. We cannot let our children play in our front yards due to the frequent and fast cars/trucks/mowers. The parking study the applicant supplied was done for them- this seems to be a conflict of interest to me. In addition, the parking study uses senior living as a base, this is somewhat different. We were told by the applicant the top floor will be occupied by people who will pass within a few days. With that being the case, I have to believe they would have many more visitors than someone who just needs more help due to age. Last, since the top floor will be people in critical condition and only an RN will be on staff, ambulances will be frequent for emergencies that require a MD. 4) The staff- will the staff and delivery people be screened/back ground checked so we do not have violent/sexual criminals within a couple hundred yards of our children? This may sound ridiculous, but would not be doing my job as a mother if I did not ask. Is there a policy in place for these places of work? 5) Last, yet still important is our home values. Terra Glenn is one of Eagan's nicest neighborhoods, and placing a business in our neighborhood will not help increase the value of our homes. As city planners, I would think you want to keep that in mind as its benefits the city to keep all home prices up to attract more future residents. I would like to be there for the meeting, however, I am out of town. Thank you for taking the time to read this and listen to my friends/neighbors this evening. Regards, Jenifer Berger Dakota County Property Tax Payment Stub Page 1 of 1 Property Taxation & Records 1590 Highway 55 Hastings MN 55033 651 138-0576 Fax 651-338-0399 www.dakotacounty.us L3 i"aW~A'tJi"b9f?"AZ AM Print Dakota County provides this data as a service only and does not warranty or otherwise guarantee the accuracy or the correctness of the data in any manner. If you have questions or need further information, please call 651-438-4576 Back Property ID: 10 75402 010 01 SD: 197 Property Owner: Property Address: YANKEE DOODLE PROPERTIES INC Total Payable in 2009: $2,542.00 Total Paid-Year To Date: Tax Penalty Total $0.00 $0.00 $0.00 Our records indicate prior year taxes due on this parcel. Contact our Property Information Center at 651-438-4576 for information. Mailed payment must be postmarked on or before due date. 1st HALF PAYMENT STUB - PAYABLE 2009 FULL YEAR TAX $2,542.00 To avoid penalty pay on or before May 15, 2009 FIRST HALF TAX $1,271.00 PROPERTY ID: 10 75402 010 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIII IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TAXPAYER(S): IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 1st Half Due $1,271.00 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $101.68 Total $1,372.68 107540201001 00000127100 00000254200 00000010168 1 2nd HALF PAYMENT STUB - PAYABLE 2009 2 To avoid penalty pay on or before October 15, 2009 I SECOND HALF TAX $1,271.00 PROPERTY ID: 10 75402 010 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIillillllllllllllllllllllll TAXPAYER(S): IIIIIilllllllllllllllllllllllllllllllllllllllllllllilllllllllllll YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 2nd Half Due $1,271.00 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $0.00 Total $1,271.00 107540201001 00000127100 00000254200 00000000000 7 -I ~ http://services.co.dakota.mn.us/TaxPaymentStub/TaxStub2.aspx?Id=107540201010 6/23/2009 Dakota County Property Tax Payment Stub Page 1 of 1 Property Taxation & Records ez- 1590 Highway 55 Hastings MN 55033 651-438-4576 Fax 651-4384399 www.dakotacounty.us LIB 5WftJi"6@fQMt%AM Prlnt Dakota County provides this data as a service only and does not warranty or otherwise guarantee the accuracy or the correctness of the data in any manner. If you have questions or need further information, please call 651-438-4576 E Back Property ID: 10 75402 020 01 SD: 197 Property Owner: Property Address: YANKEE DOODLE PROPERTIES INC Total Payable in 2009: $1,270.62 Total Paid-Year To Date: Tax Penalty Total $0.00 $0.00 $0.00 Our records indicate prior year taxes due on this parcel. Contact our Property Information Center at 651-438-4576 for information. Mailed payment must be postmarked on or before due date. 1 1st HALF PAYMENT STUB - PAYABLE 2009 FULL YEAR TAX $1,270.62 To avoid penalty pay on or before May 15, 2009 FIRST HALF TAX $635.31 PROPERTY ID: 10 75402 020 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIIIIIIIIIIIIilllllllllllll IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII TAXPAYER(S): Illilllllllllllllllllllllllllllllllllllllllllllilllllllllllllllll YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 1st Half Due $635.31 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $50.82 Total $686.13 107540202001 00000063531 00000127062 00000005082 9 2nd HALF PAYMENT STUB - PAYABLE 2009 2 To avoid penalty pay on or before October 15, 2009 SECOND HALF TAX $635.31 PROPERTY ID: 10 75402 020 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllll TAXPAYER(S): I IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiI YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 2nd Half Due $635.31 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $0.00 Total $635.31 107540202001 00000063531 00000127062 00000000000 8 `1 http://services.co.dakota.mn.us/TaxPaymentStub/TaxStub2.aspx?Id=107540201020 6/23/2009 Agenda Information Memo July 21, 2009 Eagan City Council Meeting B. ORDINANCE AMENDMENT - JOINT AIRPORT ZONING BOARD (JAZB) ORDINANCE ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to City Code, Chapter 11, creating an Airport Zoning Overlay District and adopting by reference the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, adopted and amended by the Joint Airport Zoning Board. To approve the Metropolitan Airport Commission's Indemnification and Cooperation Agreement regarding the Wold-Chamberlain Field Joint Airport Zoning Board and the Minneapolis-St. Paul International Airport Zoning Ordinance REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On April 29, 2004, the Wold-Chamberlain Field Joint Airport Zoning Board (JAZB) adopted the Restated and Amended Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance. ➢ At its regular meeting on December 20, 2005, the City Council authorized preparation of an amendment to the City ordinance to implement JAZB Airport Zoning Ordinance. ➢ Portions of northwestern Eagan are within the "safety zones" and "airport boundary and airspace zoning limits" defined by the Airport Zoning Ordinance. As such, new development and redevelopment in those areas will be subject to the restrictions in the Airport Zoning Ordinance as well as the City's zoning ordinance. ➢ The primary regulation within the ordinance that will need to be considered for properties in Eagan will be structure height limits at locations under certain of the safety zones from each of the airport runway ends. ➢ The recommended method of enforcement is by the municipality with a reference to the Airport Zoning Ordinance within the City zoning ordinance. Thus, the draft ordinance creates and overlay district within the City's zoning ordinance, and adopts the regulations of the Airport Zoning Ordinance by reference. ➢ In consideration of the adoption of the Airport Zoning Ordinance, the Metropolitan Airports Commission will enter into an indemnification agreement to protect participating cities from legal challenges arising from the enforcement of the ordinance standards. ➢ At its regularly scheduled meeting on June 23, 2009, the Advisory Planning Commission recommended approval of the draft amendment to the City ordinance. ISSUES: None ATTACHMENTS: (4) ➢ Draft June 23, 2009 APC minutes on g ➢ Staff report on pages; through. ➢ Draft Ordinance for Chapter I I on pages through ➢ MAC Indemnification Agreement on pag707 through ~I E. JAZB Ordinance (MSP Zoning Ordinance) Applicant Name: City of Eagan Application: Ordinance Amendment JAZB - Joint Airport and Zoning Board File Number: 01-OR-05-05-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 17, 2009. She noted the background and history. Vice Chair Keeley opened the public hearing. There being no public comment, Vice Chair Keeley closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Filipi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 creating an Airport Zoning 'Overlay District and adopting by reference the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, adopted and amended by the Joint Airport Zoning Board. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2009 CASE: 01-OR-05-05-09 APPLICANT: City of Eagan HEARING DATE: June 23, 2009 PROPERTY OWNER: NA APPLICATION DATE: NA REQUEST: Amendment to Chapter 11 PREPARED BY: Pamela Dudziak adopting the MSP International Airport Zoning Ordinance LOCATION: City-wide COMPREHENSIVE PLAN: NA ZONING: NA SUMMARY OF REQUEST The City of Eagan is requesting an Amendment to City Code, Chapter 11, to create an overlay zoning district and adopt by reference the Minneapolis-St. Paul International Airport (Wold- Chamberlain Field) Zoning Ordinance, adopted and amended by the Joint Airport Zoning Board (JAZB). AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, 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. BACKGROUND/HISTORY On April 29, 2004, the Wold-Chamberlain Field Joint Airport Zoning Board (JAZB) adopted the Restated and Amended Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, also referred to as the MSP Zoning Ordinance. The MSP Zoning Ordinance provides for regulations related to the safety of property development in proximity to the airport such as clear zones, structure height and use types at various distances from the airport. As such, it operates in addition to, but separate from, zoning regulations associated with airport noise mitigation. V3 Planning Report Ordinance Amendment-JAZB Ordinance June 23, 2009 Page 2 of 3 Eagan was a participant in the JAZB preparation of the amended MSP Zoning Ordinance. Portions of northwestern Eagan are within the "safety zones" and "airport boundary and airspace zoning limits" defined by the MSP Zoning Ordinance. As such, new development and redevelopment in those areas will be subject to the restrictions in the MSP Zoning Ordinance as well as the City's zoning ordinance. The recommended method of enforcement is by the municipality with a reference to the MSP Zoning Ordinance within the City zoning ordinance. Thus, the City Council authorized preparation of an ordinance amendment to Chapter 11 on December 20, 2005. Shortly thereafter, in 2006, the City entered into a lawsuit with the Metropolitan Airports Commission regarding noise exposure and this ordinance amendment was put on hold pending resolution of that lawsuit. The lawsuit's settlement agreement took effect in 2008. With no further pending litigation at this time, staff is now bringing the JAZB MSP Zoning Ordinance amendment forward. In addition to the general purposes of considering the adoption of such an ordinance in the interests of the health, safety and welfare of the residents of the City, the Metropolitan Airports Commission offers an indemnification agreement to cities that adopt the ordinance. The purpose of the agreement is to provide defense and indemnification to the city if it is sued for its enforcement of height, use or other restrictions under the ordinance. EVALUATION OF REQUEST The JAZB MSP Zoning Ordinance defines the safety zones surrounding the airport and regulates development within those safety zones. Specifically, the ordinance sets height limits for development within the safety zones, and restricts and prohibits certain uses within the safety zones. These restrictions are related to safety, land use compatibility and elimination of potential obstructions or hazards to air traffic. A portion of northwestern Eagan falls within the safety zones and is therefore subject to the restrictions of the JAZB MSP Zoning Ordinance. As a consequence of the area of the Minnesota River valley that lies between the runway ends and the City, the portions of the safety zones that extend into the developed and developable portions of Eagan are the least restrictive of the zones as they pertain to land use. The primary regulations that would be applicable to Eagan properties would be height restrictions. As a point of context, the most proximate location in Eagan within one of the safety zones would be the properties at Eagan Woods Office Park and the Lost Spur Country Club. At that location, structures would be restricted if they were to exceed 80-90 feet in height. The permitted height for structures steps up from there for properties more distant from the runway ends. The structure height limits identified in the ordinance exhibits take into account changes in ground elevation and vary between -80 feet and -210 feet. These are the maximum structure height limits allowed without a permit. The height limits in the MSP Zoning Ordinance exceed the maximum structure height limits of the City's zoning ordinance. Also, based on past experience, it is unlikely that a proposal for development exceeding the height limits of the MSP Planning Report Ordinance Amendment-JAZB Ordinance June 23, 2009 Page 3 of 3 Zoning Ordinance will be made in Eagan. However, in that event, application can be made for an Airport Zoning Permit which may allow structures exceeding the identified height limits of the MSP Zoning Ordinance. SUMMARY/CONCLUSION The City participated in the Joint Airport Zoning Board process with the purpose of developing and considering the adoption of amendments to the MSP Zoning Ordinance regulating land use and structure height in relationship to the safety zones that are located around Minneapolis-St. Paul International Airport. The Board developed and adopted the MSP Zoning Ordinance for that purpose and has made it available to the affected cities for adoption. The primary regulation within the ordinance that will need to be considered for properties in Eagan will be structure height limits at locations under certain of the safety zones from each of the airport runway ends. In consideration of the adoption of the ordinance, the Metropolitan Airports Commission will enter into an indemnification agreement to protect participating cities from legal challenges arising from the enforcement of the ordinance standards. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 creating an Airport Zoning Overlay District and adopting by reference the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance, adopted and amended by the Joint Airport Zoning Board. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS" BY ADDING SECTION 11.63, REGARDING AN AIRPORT OVERLAY DISTRICT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11. 63, to read as follows: Sec. 11.63 AOD - Airport Overlay District. Subd. 1. Purpose and intent. The Airport Overlay District is established to adopt by reference and implement the 2004 Minneapolis-St. Paul International Airport Wold- Chamberlain Field) Zoning Ordinance, as amended April 29, 2004 ("2004 MSP Zoning Ordinance"). The 2004 MSP Zoning Ordinance creates zones and establishes boundaries that extend into the City. It is the purpose of the airport overlay district to protect the public health, safety, general welfare and ensure land use compatibility to prevent potential obstructions or hazards to air traffic in the air space above and around the City within the Airport Overlay District. Subd. 2. Adoption. The Minneapolis-St. Paul International Airport (Wold- Chamberlain Field) Zoning Ordinance as amended April 29, 2004 ("2004 MSP Zoning Ordinance" together with Exhibits A - F are incorporated herein by reference and are available at the City Clerk's office in the Eagan Municipal Center. Subd. 3. Established Boundaries. The airport overlay district shall appl to o all land within the City designated to be within one of the three safety zones set forth in the 2004 MSP Zoning Ordinance. Subd. 4. General restrictions. No use shall be made of any land in any of the safety zones identified in the 2004 MSP Zoning Ordinance that is contrary to the provisions set forth in the 2004 MSP Zoning Ordinance. Subd. 5. Designation of Zoning Administrator. For the purpose of administering and enforcing this section, the City's zoning administrator shall be the Eagan City Planner. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Mari a Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Minneapolis-St. Paul International Airport (Wald-Chamberlain Field) Zoning Ordinance Adopted January, 1984 Amended April 29, 2004 Adopted and Amended by the Wold-Chamberlain Field Joint Airport Zoning Board Contact Person: Wold-Chamberlain Field Joint Airport Zoning Board c/o JAZB Secretary Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 TABLE OF CONTENTS SECTION I. PURPOSE AND AUTHORITY 2 SECTION II. TITLE AND SHORT TITLE 2 SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION 3 A. Definitions .................................................................................................................3 B. Rules Of Construction 8. SECTION IV. AIRSPACE OBSTRUCTION ZONING 9 A. Airspace Surfaces And Zones 9 B. Height Restrictions ....................................................................................................10 SECTION V. LAND USE SAFETY ZONING 10 A. Safety Zones .............................................................................................................10 B. Land Use Restrictions ................................................................................................11 SECTION VI. AIRPORT ZONING LIMITS AND MSP ZONING MAP 13 A. Airspace Zoning Limits ...............................................................................................13 B. Safety Zoning Limits ..................................................................................................13 C. MSP Zoning Map .......................................................................................................13 SECTION VII. NONCONFORMING USES 14 A. 1984 MSP Zoning Ordinance ......................................................................................14 B. 2004 MSP Zoning Ordinance ......................................................................................14 SECTION VIII. AIRPORT ZONING PERMITS 14 A. Permit Required ........................................................................................................14 B. Exception To Permit Requirement ...............................................................................15 C. Permit Application .....................................................................................................15 D. Permit Standard ........................................................................................................15 E. Abandoned Or Deteriorated Nonconforming Uses ........................................................16 SECTION IX. VARIANCES 16 A. Variance Application ..................................................................................................16 B. Failure Of Board To Act ..............................................................................................17 C. Variance Standard .....................................................................................................17 SECTION X. HAZARD MARKING AND LIGHTING 17 A. Nonconforming Uses .................................................................................................17 B. Permits And Variances ...............................................................................................18 9 ~ SECTION XI. ZONING ADMINISTRATOR 18 A. Duties 18 B. Designated Zoning Administrators 18 SECTION XII. BOARD OF ADJUSTMENT ..............................................................................19 A. Establishment Of Board And Selection Of Chair ...........................................................19 B. Board Powers 19 C. Board Procedures 19 SECTION XIII. APPEALS 20 A. Who May Appeal 20 B. Commencement Of Appeals 20 C. Stay Of Proceedings 20 D. Appeal Procedures 21 E. Decision 21 SECTION XIV. JUDICIAL REVIEW 21 SECTION XV. PENALTIES AND OTHER REMEDIES 21 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES ................................22 A. Compliance Required 22 B. Conflicts With Other Regulations 22 C. Current Versions And Citations 22 SECTION XVII. SEVERABILITY 22 i A. Effect Of Taking 22 B. Validity Of Remaining Provisions 22 SECTION XVIII. EFFECTIVE DATE 23 Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Map Airspace Zones, Index Sheet and Plates A-1 to A-30 Safety Zones, Index Sheet and Plates SZ-1 to SZ-30 Maximum Construction Heights Without Permit, Index Sheet and Plates MCH-1 to MCH-30 Exhibit A - Airport Boundary Exhibit B - Legal Descriptions of Established Residential Neighborhoods In Built-up Urban Areas Exhibit C - Map of Established Residential Neighborhoods In Built-up Urban Areas Exhibit D - Airport Boundary and Airspace Zoning Limits Exhibit E - Airport Boundary and Airspace Contours Exhibit F - Airport Boundary and Safety Zoning Limits qI MqP 7nninn nrriinanrP Paqe ii MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT (WOLD-CHAMBERLAIN FIELD) ZONING ORDINANCE ADOPTED AND AMENDED BY THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT (WOLD-CHAMBERLAIN FIELD) BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT (WOLD- CHAMBERLAIN FIELD) ZONING MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES; WAS ADOPTED BY THIS BOARD ON JANUARY 18, 1984. I AN ORDINANCE RESTATING AND AMENDING THE 1984 ZONING ORDINANCE TO INCORPORATE i ZONING FOR THE NEW RUNWAY 17-35 AND THE EXTENSION OF THE 22-END (MINNEAPOLIS/ST. PAUL) OF RUNWAY 4-22; TO REFLECT THE REDESIGNATION OF RUNWAYS IIL-29R AND IIR-29L; TO MAKE THE LAND USE SAFETY ZONES FOR RUNWAY 4-22 BEGIN AT THE ENDS OF THE PRIMARY ZONES; TO CHANGE THE RESPECTIVE LENGTHS OF SAFETY ZONES A AND B; TO ALTER THE LAND USE ZONING IN SAFETY ZONES A AND B; TO REVISE THE PERMIT REQUIREMENTS; TO ADD MULTIPLE ZONING PLATES; TO MAKE TECHNICAL CORRECTIONS; AND TO UPDATE OTHER PROVISIONS OF THE MSP ZONING ORDINANCE IS NOW IN ORDER. THEREFORE, IT IS HEREBY ORDAINED BY THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORITY CONFERRED BY MINNESOTA STATUTES 360.061 - 360.074, THAT THE 1984 MSP ZONING ORDINANCE BE RESTATED AND AMENDED AS FOLLOWS: ~ ga SECTIO14 I. PURPOSE AND AUTHORITY The Wald-Chamberlain Field Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission, the County of Hennepin, and the Cities of Eagan, Mendota, Mendota Heights, Richfield, Bloomington, Minneapolis, and St. Paul, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby finds and declares that: A. An Airport Hazard endangers the lives and property of users of the Airport and property or occupants of land in its vicinity, and also, if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein. B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the Airport. C. For the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of Airport Hazards. D. The social and economic costs of disrupting land uses around the Airport, however, often outweigh the benefits of a reduction in Airport Hazards requiring a balance between the social and economic costs to surrounding communities and the benefits of strict regulation. E. The prevention of these Airport Hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. F. Preventing the creation or establishment of Airport Hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein. SECTION II. TITLE AND SHORT TITLE This ordinance shall be known as the "Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance" or the "MSP Zoning Ordinance." AAC17 Page 2 SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION A. Definitions. As used in this MSP Zoning Ordinance, unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall have the meanings indicated. All words and phrases not defined shall have their common meaning. 1. 1984 MSPZoning Ordinance, "1984 MSP Zoning Ordinance" means the Minneapolis- St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance adopted by the Wold-Chamberlain Field Joint Airport Zoning Board on January 18, 1984, which became effective on February 18, 1984. 2. 2004 MSP Zoning Ordinance. "2004 MSP Zoning Ordinance" means this restated and amended Minneapolis-St. Paul International Airport (Wold-Chamberlain Feld) Zoning Ordinance adopted by the Wold-Chamberlain Field Joint Airport Zoning Board on April 29, 2004, which became effective on the Effective Date. 3. Above ground Fuel Tank. "Above-ground fuel tank" means a container, vessel, or other enclosure designed to contain or dispense fuel that is located above the ground surface, that is not contained within a building or structure, and that is not part of or connected to a boat, motor vehicle, or rail car. 4. Airport. "Airport" means Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) located in Hennepin County, Minnesota. S, Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A - Airport Boundary, attached hereto and made a part hereof. 6. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and any use of land that is hazardous to Persons or I property because of its proximity to the Airport. 7. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required t under Section VIII. 8. Airspace Surfaces. "Airspace Surfaces" means the surfaces established in Section W.A. 9. Airspace Zones "Airspace Zones" means the land use zones established in Section W.A. 10. Board of Adjustment, "Board of Adjustment" means the body established in . Section XII.A. 11, Bluff. "Bluff" means a steep cliff, embankment, hill, or outcropping along a river or stream, with an average slope of eighteen (18) percent or greater measured over a horizontal distance of fifty (50) feet or more, and that rises at least twenty-five (25) feet above the ordinary high water mark of the river or stream. 12. Commissioner, "Commissioner" means the Commissioner of the Minnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions. 13. Dwelling, "Dwelling" means any building or portion thereof designed or used as a residence or sleeping place of one or more Persons. 14, Effective Date. "Effective Date" means the effective date set forth in Section XVIII. 15, Established Residential Neighborhood In A Built-up Urban Area. "Established Residential Neighborhood In A Built-up Urban Area" means the areas listed on Exhibit B - Legal Descriptions of Established Residential Neighborhoods In Built-up Urban Areas and shown on Exhibit C - Map of Established Residential Neighborhoods In Built-up Urban Areas, both attached hereto and made a part hereof, all of which have been designated based on the following criteria applied to each listed neighborhood as it existed on June 30, 1979: a. Location of the Airport; b. Nature of the terrain within Safety Zones A and B; C. Existing land uses and character of the neighborhood around the Airport; d. Population of the community; e. That the average population density in all areas within one mile of any point on a Runway be equal to or greater than one dwelling unit per acre; f. Population density near the Airport compared with population density in other areas of the community; G MSP Zoning Ordinance Page 4 g. Age and economic, political, and social stability of the neighborhood and the community as a whole; h. Proximity of supporting school, commercial, religious, transportation, and other facilities and their degree of integration with residential land uses; L Presence or absence of public utilities including, but not limited to, public sanitary sewer system, electric service, and gas mains; j. Whether or not the factors listed in Section III.A.15., subsections h. and i. tend to make the community surrounding the Airport a self-sufficient unit; k. Whether the areas within one mile of the perimeter of the Airport Boundary would be considered primarily residential in character; and 1. Other material factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban, and built-up. 16, FAA, "FAA" means the Federal Aviation Administration or, if the Federal Aviation Administration shall no longer exist or serve its present functions, such successor federal entity or entities as shall either singularly or collectively perform or serve such functions. 17, Fuel, "Fuel" means any petroleum product, including natural gas, used to produce heat or power by burning. 18. Lot, "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law. 19. Low Density Residential Structure. "Low Density Residential Structure" means a single-family or two-family home. 20. Low Density Residential Lot. "Low Density Residential Lot" means a single Lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residences. 21, MSP Zoning Map, "MSP Zoning Map" means the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Map as defined in Section VI.C. 22. Nonconforming Use. "Nonconforming Use" means any pre-existing Structure, Tree, or use of land which is inconsistent with the provisions of this MSP Zoning Ordinance or an amendment hereto. 23, Nursing Home. "Nursing Home" means a building or structure where aged or infirm people reside on a twenty-four (24) hour basis in order to receive nursing care and related services and includes assisted living facilities licensed by the Minnesota Department of Health to provide individualized home care services or home care management services to facility residents either by the management or by providers under contract with the management. 24. Person, "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 25. Planned, "Planned" means proposed future Airport developments and improvements indicated on a planning document having the approval of the FAA, the Minnesota Department of Transportation, Division of Aeronautics, and the Metropolitan Airports Commission. 26. Precision Instrument Runway, "Precision Instrument Runway" means a Runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR), and a Runway for which a precision instrument approach procedure is Planned. 27. Runway, "Runway" means any existing or Planned paved surface of the Airport which is specifically designated and used or Planned to be used for the landing and/or taking off of aircraft. The individual Runways at the Airport are defined in this MSP Zoning Ordinance based on the compass heading of landing aircraft. 28. Runway 4-22, "Runway 4-22" means the 11,006-foot Precision Instrument Runway at the Airport, with a Planned extension to 12,006 feet, whose 4-End is the end closest to the cities of Bloomington and Richfield and whose 22-End is the end closest to the cities of Minneapolis and St. Paul. 29. Runway Z2l 30R. "Runway 12L-30R" means the 8,200-foot Precision Instrument Runway at the Airport whose 12L-End is the end closest to the City of Minneapolis and whose 30R-End is the end closest to the cities of Mendota and Mendota Heights. MSP Zonina Ordinance Page 6 30, Runway 12R-30L, "Runway 12R-30L" means the 10,000-foot Precision Instrument Runway at the Airport whose 12R-End is the end closest to the cities of Minneapolis and Richfield and whose 30L-End is the end closest to the City of Eagan. 31, Runway 17-35, "Runway 17-35" means the 8,000-foot Precision Instrument Runway at the Airport whose 17-End is the end closest to the City of Minneapolis and whose 35-End is the end closest to the City of Bloomington. 32, Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 4-22, 12L-30R, 12R-30L, and 17-35, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surface, and that extends outward a horizontal distance of 2,500 feet expanding uniformly to a width of 1,750 feet. 33, SafetyZones "Safety Zones" means the land use zones established in Section V.A. 34, School. "School" means any private or public educational institution for people in kindergarten through grade twelve (12) and any private or public day care or pre-school facility that enrolls more than fifty (50) children. 35. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. Slope = 3:1 = 3 ft. horizontal to 1 ft. vertical 36, Structure, "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently. 37. Tree, "Tree" means any object of natural growth. 19 38. Zoning Administrator. "Zoning Administrator" means the public official in each affected municipality and at the Metropolitan Airports Commission as set forth in Section XI.B. B. Rules Of Construction. In the construction of this MSP Zoning Ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise. 1, Computing r7me. In computing the period of time within which an act is to be done, the first calendar day from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. Z, Conflicts Between Ordinance Provisions. If a provision of this MSP Zoning Ordinance conflicts with any other provision of this MSP Zoning Ordinance, the more restrictive provision shall prevail. 3. Height, "Height" shall be expressed as elevation in feet above Mean Sea Level, National Geodetic Vertical Datum, 1929 Adjustment, except in reference to maximum construction height without an Airport Zoning Permit when it shall be expressed as distance in feet above curb level or above natural grade, as the context and Section VIII.B.1. require, or as distance in feet above ground shown on the Maximum Construction Heights Without Permit Plates in the MSP Zoning Map. 4. Including, Not Limited To. The word "including" means including but not limited to. 5, Land To Include Water Surfaces And Bodies. The word "land" shall include water bodies and surfaces for the purpose of establishing Airspace Zones and Safety Zones. 6. May, Permissive. The word "may" is permissive. 7, Shall, Mandatory. The word "shall" is mandatory and not discretionary. 8. SingularAnd Plura/. The singular shall include the plural, and the plural the singular. 9. Tense. The present tense shall include the future. Page 8 SECTION IV. AIRSPACE OBSTRUCTION ZONING A. Airspace Surfaces And Zones. In order to carry out the purpose of this MSP Zoning Ordinance as set forth in Section I., the following Airspace Surfaces and Airspace Zones are hereby established, subject to the airspace zoning limits in Section VITA. 1. Primary Surface. An imaginary surface longitudinally centered on each Runway extending two hundred (200) feet beyond each end of Runways 4-22, 12L-30R, 12R-30L, and 17-35, and having a width of one thousand (1,000) feet. The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the Runway centerline. 2. PrimaryZone. All that land which lies directly under a Primary Surface. 3. Horizontal Surface. An imaginary surface that is nine hundred ninety-one (991) feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each Runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is ten thousand (10,000) feet for Runways 4-22, 12L-30R, 12R-30L, and 17-35. 4. Horizontal Zone. All that land which lies directly under the Horizontal Surface. 5. Conical Surface. An imaginary surface extending upward and outward from the periphery of the Horizontal Surface at a Slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet as measured radially outward from the periphery of the Horizontal Surface. 6. Conical Zone. All that land which lies directly under the Conical Surface. 7. Precision Instrument Approach Surface, An imaginary surface longitudinally centered on the extended centerline at each end of Runways 4-22, 12L-30R, 12R-30L, and 17-35. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. This surface inclines upward and outward at a Slope of fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet expanding uniformly to a width of four thousand (4,000) feet, then continues upward and outward for an additional horizontal distance of forty thousand (40,000) feet at a Slope of forty (40) to one (1) expanding uniformly to an ultimate width of sixteen (16,000) feet. 60 8. Precision Instrument Approach Zone, All that land which lies directly under a Precision Instrument Approach Surface. 9. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways Runways 4-22, 12L-30R, 12R-30L, and 17-35 at a Slope of seven (7) to one (1) from both sides of each Primary Surface and from both sides of each Precision Instrument Approach Surface for Runways 4-22, 12L-30R, 12R-30L, and 17-35 until it intersects the Horizontal Surface or the Conical Surface. 10. Transitional Zone. All that land which lies directly under a Transitional Surface. B. Height Restrictions: Except as otherwise provided in this MSP Zoning Ordinance, and except as necessary and incidental to Airport operations, no new Structure shall be constructed or established; no existing Structure shall be altered, changed, rebuilt, repaired, or replaced; and no Tree shall be allowed to grow or be altered, repaired, replaced, or replanted in any Airspace Zone so as to project above any Airspace Surface. Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any. Airspace Surface. Where a Lot is beneath more than one Airspace Surface, the height of the more restrictive (lower) Airspace Surface shall control. SECTION V. LAND USE SAFETY ZONING A. Safety Zones. In order to carry out the purpose of this MSP Zoning Ordinance, as set forth in Section I., the following Safety Zones are hereby established, subject to the safety zoning limits in Section VI.B. 1. Safety Zone A. All land in that portion of the Precision Instrument Approach Zones of Runways 4-22, 12L-30R, 12R-30L, and 17-35, beginning at, and coinciding with, the end of the Primary Surface at a width of one thousand (1,000) feet, extending outward a distance of two thousand five hundred (2,500) feet, and expanding uniformly to an ultimate width of one thousand seven hundred fifty (1,750) feet (which is coincident with the Runway Protection Zone). 2. Safety Zone B. All land in that portion of the Precision Instrument Approach Zones of Runways 4-22, 12L-30R, 12R-30L, and 17-35, beginning at, and coinciding with, Safety MCP 7nninn nrrlinanrP Page 10 Zone A, extending outward a distance of four thousand five hundred (4,500) feet, and expanding uniformly to an ultimate width of three thousand one hundred (3,100) feet. 3. Safety Zone C. All land enclosed within the perimeter of the Horizontal Zone, except that land within Safety Zone A and Safety Zone B. B. Land Use Restrictions 1. Genera/ Restrictions Subject at all times to the height restrictions set forth in Section IV.B., no use shall be made of any land in any of the Safety Zones that creates or causes interference with the operations of radio or electronic facilities on the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lights and other lights, results in glare in the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft. 2, Safety Zone A Restrictions, Subject at all times to the height restrictions set forth in Section IV.B. and to the general restrictions contained in Section V.6.1., areas designated as Safety Zone A for each end of Runways 4-22, 12L-30R, 12R-30L, and 17-35 shall contain no Structures or Trees, except Structures related to Airport operations or air navigation as allowed in a Runway Protection Zone by Federal laws and regulations or by FAA advisory circulars shall be permitted. 3, Safety Zone ,9 Restrictions Subject at all times to the height restrictions in Section IV.B. and to the general restrictions in Section V.13.1., all land uses shall be permitted in Safety Zone B for each end of Runways 4-22, 12L-30R, 12R-30L, and 17-35, except for the following uses which shall be specifically prohibited: amphitheaters, campgrounds, churches, fuel storage tank farms and above-ground fuel tanks, gasoline stations, hospitals, Nursing Homes, residential uses (including low, medium, and high density residential uses), Schools, stadiums, theaters, trailer courts, and ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas; provided, however, the prohibition on ponds or other uses that might attract waterfowl or other birds shall not apply to areas below an elevation of eight hundred (800) feet above mean sea level along any Bluff of either the Mississippi River or the Minnesota River. 4, Safety Zone C Restrictions, No land use in Safety Zone C shall violate the height restrictions set forth in Section IV.B. or the general restrictions contained in Section V.13.1. 5. Exemption For Established Residential Neighborhoods a. A Low Density Residential Structure or isolated Low Density Residential Lot which existed in an Established Residential Neighborhood In A Built-up Urban Area on or before January 1, 1978, and all other land uses which existed in an Established Residential Neighborhood In a Built-up Urban Area on or before June 30, 1979, shall be subject to the height restrictions of Section IV.B. and the general restrictions of Section V.13.1. but shall not be subject to the Safety Zone A restrictions of Section V.B.2. or the Safety Zone B restrictions of Section V.13.3. In addition, such Structure, Lot, or use shall be deemed a conforming use that shall not be prohibited under this MSP Zoning Ordinance. b. In Safety Zone B in an Established Residential Neighborhood In A Built-up Urban Area or in an area immediately adjacent to such a Neighborhood, existing low, medium, and high density residential uses may be improved and expanded, and new low, medium, and high density residential uses may be developed, all subject to the height restrictions of Section IV.B. and the general restrictions of Section V.13.1. C. Land uses in Established Residential Neighborhoods In Built-up Urban Areas that violate any of the following restrictions are prohibited as safety hazards and must be acquired, altered, or removed at public expense: i. any Structure which a Person customarily uses as a principal residence and which is located entirely inside Safety Zone A within 1,000 feet of the end of a Primary Zone; H. any Structure which a Person customarily uses as a principal residence and which is located entirely within Safety Zones A or B and which penetrates a Precision Instrument Approach Surface; M. any land use in Safety Zone A or B which violates any of the following standards: IW MCD 7nninn Ordinance Page 12 1 ~-i (1) the land use must not create or cause interference with the operation of radio or electronic facilities on the Airport or with radio or electronic communications between the Airport and aircraft; (2) the land use must not make it difficult for pilots to distinguish between Airport lights and other lights; or (3) the land use must not result in glare in the eyes of pilots using the Airport or impair visibility in the vicinity of the Airport; iv, any isolated Low Density Residential Lot on which any Structure, if built, would be prohibited by Section V.B.5.c., subsections i., ii., or iii.; and v. any other land use that the Commissioner determines, pursuant to Minnesota Rules 8800.2400, subp. 6.E.(5)(e), constitutes a material danger to the landing, taking off, or maneuvering of aircraft or to the safety of Persons on the ground. SECTION VI. AIRPORT ZONING LIMITS AND MSP ZONING MAP A. Airspace Zoning Limits. No Airspace Zone shall extend more than two miles from the Airport Boundary under the Precision Instrument Approach Surfaces or more than one and one-half miles from the Airport Boundary outside the Precision Instrument Approach Surfaces. Exhibit D - Airport Boundary and Airspace Zoning Limits and Exhibit E - Airport Boundary and Airspace Contours, attached hereto and made a part hereof, show these limits. B. Safety Zoning Limits. No Safety Zone shall extend more than two miles from the Airport Boundary under the Precision Instrument Approach Surfaces or more than one mile from the Airport Boundary outside the Precision Instrument Approach Surfaces. Exhibit F - Airport Boundary and Safety Zoning Limits, attached hereto and made a part hereof, shows these limits. C. MSP Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, and Safety Zones and the maximum construction heights without an Airport Zoning Permit established by this MSP Zoning Ordinance are set forth on the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Map consisting of ninety (90) plates - Airspace Zones, Plates A-1 to A-30; Safety Zones, Plates SZ-1 to SZ-30; and Maximum Construction Heights Without Permit, Plates MCH-1 to MCH-30 prepared by URS, Inc., dated Paae 13 April 29, 2004, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries, and other information thereon, shall be and the same are hereby adopted as part of this MSP Zoning Ordinance. SECTION VII. NONCONFORMING USES A. 1984 MSP Zoning Ordinance. The provisions of the 1984 MSP Zoning Ordinance shall not be construed to require the removal, lowering, other change, or alteration of any Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use in existence but not conforming to the provisions of the 1984 MSP Zoning Ordinance on February 18, 1984. Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to February 18, 1984, and was diligently prosecuted and completed within two (2) years of February 18, 1984. B. 2004 MSP Zoning Ordinance. The amendments to the 1984 MSP Zoning Ordinance prescribed by the 2004 MSP Zoning Ordinance shall not be construed to require the removal, lowering, other change, or alteration of any Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use in existence but not conforming to the amendments prescribed by the 2004 MSP Zoning Ordinance on the Effective Date. Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure not conforming to the amendments prescribed by the 2004 MSP Zoning Ordinance, the construction or alteration of which was begun prior to the Effective Date and is diligently prosecuted and completed within two (2) years of the Effective Date. SECTION VIII. AIRPORT ZONING PERMITS A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Safety Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located. 1. Existing Structures Except as specifically provided in Section VIII.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced. Page 14 2 New Structures Except as specifically provided in Section VIII.B., no Structure shall be newly constructed or otherwise established. 3. Nonconforming Structures. No nonconforming Structure shall be altered, changed, rebuilt, repaired, or replaced. 4. Nonconforming Tree. No nonconforming Tree shall be allowed to grow higher or be altered, repaired, replaced, or replanted. 5, Nonconforming Use. No Nonconforming Use shall be changed or converted to another Nonconforming Use. B. Exception To Permit Requirement. 1. Maximum Construction Height WithoutA Permit. No Airport Zoning Permit shall be required for an existing Structure to be altered, changed, rebuilt, repaired, or replaced on a Lot or for a new Structure to be constructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher, measured in feet from curb level or from natural grade at a point ten (10) feet away from the front center of the Structure, whichever is lower, does not exceed the maximum construction height above ground without an Airport Zoning Permit shown for the Lot on the applicable Maximum Construction Heights Without Permit Plate in the MSP Zoning Map. 2. No Violation Of Height Or Land Use Restriction Permitted. Nothing in this Section VIII.B. shall be construed as permitting or intending to permit a violation or a greater violation of any provision of this MSP Zoning Ordinance. C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XI.B. D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure, Tree, or use to violate any provision of this MSP Zoning Ordinance or (2) would permit a nonconforming Structure or Tree or a Nonconforming Use to become a greater violation of any provision of this MSP Zoning Ordinance. Any Airport Zoning Permit granted may be Pane 15 granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purpose of this MSP Zoning Ordinance. In making any determination, the Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination. E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a nonconforming Structure or Tree has been abandoned or more than eighty percent (80%) torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that would allow such Structure or Tree to exceed the height restrictions of Section IV.B. or otherwise violate any provision of this MSP Zoning Ordinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of a nonconforming Structure or Tree, at the owner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to -conform to the provisions of this MSP Zoning Ordinance. In the event the owner of the nonconforming Structure or Tree shall neglect or refuse to comply with such order for ten (10) days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the nonconforming Structure or Tree lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the Structure or Tree is, or was, located. Unless such an assessment is paid within ninety (90) days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of eight percent (8%) per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360.067. SECTION IX. VARIANCES A. Variance Application. Any Person desiring to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to use his or her property in violation of any provision of this MSP Zoning Ordinance may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address specified MSP Zoning Ordinance Page 16 in Section XII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator of the jurisdiction in which the Structure, Tree, or property is located, as designated in Section XI.B. The Board of Adjustment may charge a fee for processing the application. B. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within four (4) months after the last Board member receives the variance application, the variance shall be deemed to be granted by the Board of Adjustment, but not yet effective. When the variance is granted by reason of the failure of the Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XII.C. and (2) the Commissioner. The applicant shall include a copy of the original application for the variance with the notice to the Commissioner. The variance shall be effective sixty (60) days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. C. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this MSP Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this MSP Zoning Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted subject to any reasonable conditions that the Board of Adjustment, or the Commissioner acting under Section IX.B., may deem necessary to effectuate the purpose of this MSP Zoning Ordinance. SECTION X. HAZARD MARKING AND LIGHTING A. Nonconforming Uses. The owner of any nonconforming Structure or Tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by a Zoning Administrator to indicate to the operators of aircraft in the vicinity of the Airport the presence of such Airport Hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Metropolitan Airports Commission. !d0 D~- 17 B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning Administrator or the Board of Adjustment may, if such action is deemed advisable to effectuate the purpose of this MSP Zoning Ordinance and be reasonable in the circumstances, be granted subject to a condition that the owner of the Structure or Tree in question, at the owner's expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an Airport Hazard. SECTION XI. ZONING ADMINISTRATOR A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the provisions of this MSP Zoning Ordinance. Applications for Airport Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee for processing the application. Airport Zoning Permit applications shall be considered and acted upon by the Zoning Administrator in accordance with the provisions of this MSP Zoning Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be amended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicant to record any conditions of an Airport Zoning Permit, if required by law. B. Designated Zoning Administrators. For the purpose of this MSP Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the Bloomington Director of Community Development for lands located in the City of Bloomington; the Eagan City Planner for lands located in the City of Eagan; the Mendota City Clerk for lands located in the City of Mendota; the Mendota Heights Code Enforcement Officer for lands located in the City of Mendota Heights; the Minneapolis Director of Planning for lands located in the City of Minneapolis; the Richfield Planning & Zoning Administrator for lands located in the City of Richfield; the St. Paul Zoning Administrator for lands located in the City of St. Paul, and the Executive Director, Metropolitan Airports Commission, (or his or her designee) for unincorporated lands located in Hennepin County. In the event that one (1) or more of the above described Zoning Administrators does not administer this MSP Zoning Ordinance, the Wold-Chamberlain Field Joint Airport Zoning Board hereby appoints the Executive Director, Metropolitan Airports Commission, (or his or her designee) to administer this MSP Zoning Ordinance in the municipality or municipalities. If any official position designated above as a Zoning Administrator ceases to exist or to perform or serve its present function, the successor /01 MCP 7nninn Ordinance 1) 2 Page 18 position as designated by the applicable entity shall become the Zoning Administrator for that entity and shall perform or serve such functions. SECTION XII. BOARD OF ADJUSTMENT A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of Adjustment that shall consist of five (5) members appointed by the Metropolitan Airports Commission, and each shall serve for a term of three (3) years and until a successor is duly appointed and qualified. Of the members first appointed, one (1) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, and two (2) for a term of three (3) years. Upon their appointment, the members shall select a chair to act at the pleasure of the Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission for cause, upon written charges, after a public hearing. B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by any Zoning Administrator in the enforcement of this MSP Zoning Ordinance and to hear and grant or deny variances. C. Board Procedures Z, Rules, Meetings, And Records The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this MSP Zoning Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chair and at such other times as the Board of Adjustment may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of the Executive Director, Metropolitan Airports Commission, and the Zoning Administrator of the jurisdiction in which the affected Structure, Tree, or Lot is located. 2. Written Findings And Conclusions The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal H MSP 7nninn nrdinAnrP q( / Paqe 19 conclusions from such facts in affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator and in granting or denying a variance. 3, Majority Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to affirm, modify, or reverse an order, requirement, decision, or determination of a Zoning Administrator, to decide to grant or deny a variance, or to act on any other matter upon which the Board of Adjustment is required to pass under this MSP Zoning Ordinance. 4, Mailing Address The mailing address for the Board of Adjustment is: MSP Zoning Ordinance Board of Adjustment c/o Executive Director Metropolitan Airports Commission 6040 28t' Avenue South Minneapolis, MN 55450 SECTION XIII. APPEALS A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order, requirement, decision, or determination of a Zoning Administrator made in administration of this MSP Zoning Ordinance may appeal to the Board of Adjustment. Such appeals may also be made by any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper application of this MSP Zoning Ordinance as it concerns such governing body or board. B. Commencement Of Appeals. All appeals hereunder must be commenced within thirty (30) days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment the notice of appeal and all papers constituting the record upon which the order, requirement, decision, or determination appealed from was taken. C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, , decision, or determination appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator's Page 20 opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown. D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in Person, by agent, or by attorney. E. Decision. The Board of Adjustment may, in conformity with the provisions of this MSP Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of a Zoning Administrator. SECTION XIV. JUDICIAL REVIEW Any Person aggrieved, or any taxpayer affected by, any decision of the Board of Adjustment, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of the Board of Adjustment is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The petitioner must exhaust the remedies provided in this MSP Zoning Ordinance before availing himself or herself of the right to seek judicial review as provided by this Section XIV. SECTION XV. PENALTIES AND OTHER REMEDIES Every Person who violates any provision of this MSP Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement, decision, or determination of a Zoning Administrator or the Board of Adjustment shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and imprisonment established for misdemeanors by state law. Each day a violation continues to exist shall constitute a separate offense for purpose of the penalties and remedies specified in this section. This MSP Zoning Ordinance may also be enforced through such proceedings for injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be amended, and other applicable law. MCD 7nninn (lrrlinn nnc n r Perna ~)1 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES A. Compliance Required. In addition to the requirements of this MSP Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota Statutes 360.81-360.91 - Regulation Of Structure Heights, Minnesota Rules 8800.1100 - Regulation Of Structure Heights, and 14 Code of Federal Regulations Part 77 - Objects Affecting Navigable Airspace. B. Conflicts With Other Regulations. Where a conflict exists between any provision of this MSP Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be with respect to the height of Structures or Trees, the use of land, or any other matter, the more stringent law, regulation, or rule shall govern and prevail. C. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this MSP Zoning Ordinance are intended to refer to the most current version and citation. If such references are no longer, valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern. SECTION XVII. SEVERABILITY A. Effect Of Taking. In any case in which the provisions of this MSP Zoning Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this MSP Zoning Ordinance as to other Structures, Lots, and Trees, and, to this end, the provisions of this MSP Zoning Ordinance are declared to be severable. B. Validity Of Remaining Provisions. Should any section or provision of this MSP Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this MSP Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. !13 Page 22 SECTION XVIII. EFFECTIVE DATE This restated and amended MSP Zoning Ordinance shall take effect on the 7"' day of May, 2004. Copies thereof shall be filed with the Commissioner and the Registers of Deeds for Dakota County, Hennepin County, and Ramsey County, Minnesota. Passed and adopted after public hearings by the Wold-Chamberlain Field Joint Airport Zoning Board this 29t" day of April, 2004. I hereby certify that this is a complete, true, and correct copy of the Restated And Amended Minneapolis -St. Paul International Airport (Wold-Chambenain Fie/d) Zoning Ordinance as adopted by the Wold-Chamberlain Feld Joint Airport Zoning Board on April 29, 2004. Mary Hill Smit hair Wold-Chamberlain Field Joint Airport Zoning Board Date: April 29, 2004 Jenn U uh, Secretary Wold-Chamberlain Field Joint Airport Zoning Board Date: April 29, 2004 Subscribed and sworn to before me this 29"' day of April, 2004 by Mary Hill Smith and Jenn Unruh, Chair and Secretary respectively, of the Wold-Chamberlain Field Joint Airport Zoning Board. Notary Public WWALITER K ROq~NSTEW G Prasmuss/jazb M 1:1076941.03 N B¢h►il►il.l016 Pang 73 =~t ' r PJA wn... f Zar ~'a~. Saint Paul 1~ ~2 - 4... r 5 w Z- 6 i Minneapolis F -",e nomr_ 7 f7ar c nkd IbhmN . _ ! "1 wnm f zen: - w Az ~.r PJA _ c7 9,. 12 u 13 1 `1~5 16 r17~ 18 aK P ~,~rnM.nb'~ty p -Mendofa 5~ z_ 44 Sul~niZon Heights i ,.s., 35 _ -rkY~ ? Hwyemd. i3; 'Onkd` z7 . 7 y . a ~ swami f 20 119 -22 23,, VY NA. + 24 i PjA _ M~~~Sf u"^. xis i 5u~ i Zww I w.r.~. f zew. • • smr.~. f z«.. r_.:.. " n 1 i s a.. . - : I. wda~~ f z_ Bloomington ` y F l Eagan.,, 25 29 30 ..f :.27 mnkrJ . "A" MAP KEY Horizontal surface (elevation 991 ft) & Zone I t Transition Surface & Zone 2,500 0 2,500 1 2 3 4 Sain[ Da 6 _ Airspace Zoning Limit 14mneaFOlk - Scale in Feet 7 8 9 10 ',,11 12 -500- Contour, in feet, mean sea level datum 13 14 ' d Runway MSP Zoning Map 15 16 1,7' 18 Rd veld hrnnepw -ty ; - ,no~,rrn~ Airport boundary Airspace Zones 19' '20' - 21' ' 22 " 23 24' Municipal boundary Bloomington I' Index Sheet 25 26 27 28 29 30 Lots l April 29, 2004 ri X _ j. Mend, a Heights fr- - E ~ ',.fit. +tr°: ..l~Ga. + X.- 's a t ` ' M.GRWE AME 1.0 1 1 z . / Mit .{~-Safety-Z-Qn-wzoning -NIGH/EWAt'E'- Limit Outside the P _ recision Instr ent Appr oa - - u. m Zones) SZ MAP K - i~""ETM EY Safety Zones B eyond Airport Boundary 1 2 3 4 l S 6 IM A a Sirn: +al l~j+ ~1 V 7 r- 9 10 11 12 J 13 14 C 0 Soo 1,000 15 16 , res~nc n x+;ct iT is Runway SI:11e in Feet -19 -20 . hkalz 21 zz 23-- 24- Airport boundary 25 26 27 .2& 29 30' - Municipal boundary MSP Zoning Map Lots Safety Zones 1 Plate SZ-23 April 29, 2004 'PERRON ROE-' _ i ~M1 4~ PERRON fl'yw. god -Mendota Heights: - ~ - ~ MENOOTA NEIGMlS RD ~ - - \ \ 1" . ~ i n y Ia' -'p'1 - is Limit (Outside t~e'Precis~;on i 1i strument Apphoach Zones) - - oDI II _~AWMTE CENTR ! EA- N/DUSTANI. ND_____-_~ yf ' `I - - - '~flATE CENTER CV W i _ _ Eagan` : "'A; - -9 T CNIIET. - ;l e 1 i NK:MVIEW AVE_~- i~ ! i1~ 4 , 2 - `REEATRICE Sf' Li i Y G' ' t I j / `'IACKfET~T--_ xl _',_.OLi ! \.~7•, i z F-'NWtE CTi " RKYEME RD 1 \ .+l' ~ G. ` ~ `KEEfE ST "SZ" MAP KEY Safety Zones Beyond Airport Boundary 1 2 3 4 1 5 6 B o Soo 1,000 7 8 9 1i 11 12 C Scale in Feet A:tvY'.,7A 13 i4 15 16 17 1 Runway A~ ---19--20 '21- 22" 23- 24- Airport boundary MSP Zoning Map :>i- - - - Municipal boundary Safety Zones 25 26 27 .28 29 $0 Lots Plate SZ-24 1 I APM 29, 2004 • _ - -,-loo' i - • _ I ~ E 6TH ¢ ST ~ , I Y - - 1 1.4 Mile Safety Zone Zoning Limit (outside the Precision - - - I Instrument Approach Zones) E m ~sT~ - I I l . - _ _ fL wIVER RIDGE CIA s E e9TH Si Bloomington t E99TH ST~eOTH ST_ fs4' ~ / - T Eagan "SZ" MAP KEY Safety Zones Beyond Airport Boundary V V ® A 1 2 3 0 500 1,000 a' s 6 g Scale in Feet <.~...accs 0 11 Sv.Krs 12 C 7 B 9 1 13 14 15 16 » 1a Runway MSP Zoning Map Airport boundary Safety Zones '19 "-20 "21- '22'" 23-- 2a- - - Municipal boundary d r. F30 Plate SZ-27 25 2 26 6 27 28 29 30 O Lots I April 29, 2004 n n F I ~ I S f I f Bloomington 1.0 Mile Safety Zone Zoning ` Limit (Outside the Precision Instrument Approach Zones) l Eagan Zones Beyond Airport Boundary 'SZ" MAP KEY Safety ~~V..11 VVV 0 500 1,000 2 3 a 5 6 B Scale in Feet 12 C 7 6 g 10 11 MSP Zoning Map 13 14 15 16 17'1 1 =a Runway Safety Zone. "~9~°~ t Airport boundary ,s _20 zt zz' 23 24- a;- t:= _ . _ Municipal boundary Plate SZ-28 25 26 27 26 29 30 O Lots 111 April 29, 2004 2 2 J I YJr ` -51(riM1E DA ' j., -SKYLINE RD-" - Its 'LONE OAK RD j PO_SZ'"U - Ia S. NEADOWVIEW LA_ Lzj Eagan Sri INTO ILL i ~ J l CYT©ZOf J. YANKEEDMMERD ' ,r ~Poi ,~I ~ ~{-~~'7!'J~}~~,~-* •:_i~ i. ~ I ~ I ~ ' T~-'~i Elm-,^..t• J~YF a~ I i I t I 'JT/ j R;: SUPPEY. NE~GMSDR_-' WAsmNG1 "ST' MAP KEY Safety Beyond Airport Boundary ® A 2 3 4 f s s ,q~lJ; B 0 500 1,000 _ 7 8 9 10 11 12 C Scale in Feet 1SVY:.7d 13 14 15 16 17} 1 Runway aarsra rxNlr:~. car:q. ~ 19 20" --21' '22' Air TT- " 23-- 24- Port boundary MSP Zoning Map Municipal boundary Safety Zones 25 26 27 .28 29 30 1 Lots ~ Plate SZ-29 ell% / / April 29, 2004 FES l VfC DR BONE O CLUB AK flD ! 1 {$r , c / . _ 1. s i 9; NO NN. }`tGEMSn RD'. 1 ~ ~ FlVIEW flD~~-! s ~ ~ ~ I ( t t TOVLp ~ o, r- ~ ! ; F 'it t Eagan tj SUE } DR { :t /_~--N1GM j_4 / "I ~:1 !"_!'IPRr!'WOaDrxwY ~ i 1 ~ " ' 1 t p ESTGT YAfl D M-'E AD 't y 4 { } / `~y" ' `t_--^"'Y •1 t~~T' 4 ~1 1 ~rO(FyfN!Do V ✓ Bo 0 500 ,,oo ' Beyond Airpo t ones I -Ones gafe y in Feet MAP KEY p scate l7~ 3 41 5~u rr6 ~j~l. B MSP Zoning mar 2 c Zones „ ,2 Safety f 9 Runway 1° rn.~s SZ.30 ,s ;a o boundary plate . ZS, 2~4 April 1 3 14 JR. . rn oG tea' ~unicipa► boundary en 23 ' 24 -19 v20- 21 f30 1 27 28 29 30 Lots 25 26 i 1`2~ Saint Paul l 6 l ftft ~ 3 000 4002 Ilk, I MinneaPOlis .q i wY 7 t o a M d to t a, ,1A Mendota. 16 15~` Heights 13\ 14 cr ,field ' " =Y 24 ! t ~ r 21 20 : 19 ~I Eagan .00 t 8loamington 29 ~ 27,; woo 040 ft" 25 2,500 0 2,500 ,-MCH-- MAP KEY Scale in Feet 5 Airspace zoning Urnit i 2 3 41, saotf - MSp Zoning Map ran 9 iD ~j 1 12. ~nr+ RunwaY daN aximUm Construction He19g Fk~a oun M Without Permit 1.r Airport b 13 1A 15 16 t~.`heet trenret:'County He, . 015 _ Municipal boundaN Index R,Xp(w+li ~'Ph-Vrdot'- un 2004 a April 2B, _ 19 20" -21'- ' 22 , ~ 23 2 Cagan ' 0 ~.~~ron _28 29 30 25 26 27 71- J i~ ~ Ilo 1 ^t 20 Fyn f ~J. 6' ~ s ~116 q' ~t 150 r .,N,j!lLL_ 190 270 ( f aJ - Y ~ _ 5 ~ ' 4,~ if J i , ISO i sw^`SLg'rN..~~ s q-rn ; 270 If 20- t' on ~ an mingt f a z 1 E3100 • ~ h 15 f V ~ 1000 500 0 rOUnd Feet height, in Wet, above g Scale in . " „ KAY Lots ►m CO. stor odor? eROt MpP um Ion, - p mSP 70nin9 Mav %N bout an A► P ~ti°n Heigh ' in Limit 3 41 moods Rirspaoe Zon g aXit Um C°°strNNAh°Ut per 1 2 ~2 ' t' RunWaY MCH-2 „ ® bounda►Y plate rBnn`d B 9 lb ''•r~` ;a dtt APrit 29 Z 7 17` 19 A p ai boundary 13 ~a 15 .16,,~~ ft ea 23. fags" Bw~n on 2$ 29 30 '+a J 25 26 27 !t• X_i. 1. - % I f F - F~" 110 m ~ ~ i. = f 200 I SO % . 110 PEflflON RD. W Ito 110 C ~ I 1 1 E lw 120 I IO Mendota Heights p' 150 I t*~ - 1 Im 1~"~Nrsq r ~ r ~ Iw oP •.tm ~O - ZOO '.~~1 fm ~1 rr _ ) 7 i ' 2m tw 1 ~ z2o m 2w 270 _ 1 l ~ ;~j. ~ Iw b - _ e?w3 tw 210 Iw r > I r ~ - i a0 6p I 2 '1 ~x r p l~ 260 x' g I" f/•, ~y ~s""5 3~ Iw ~ Iw Igo Ilo loo ioo foo HIDXVIEWAVE _O.! ` 160 . 160 =~XIGHYIEW AVE 250 t60- 160 tm loo i - . r BHIDDEV1Ew rEn-~ I ~ i l d f j.: n y - 2 _g fw Ib Im-i i f r 1; 3r`T I y I o 1 t `1 0 1601•} I 110 I W 26 16o tw ~ ¢ Ila fm G r* 7:c I I Z`TI '^L ri ° Y 73 `2 120 A .u 'J 240 y'IAt.`. ;M;YS' !r slrnw-rl 120 51(Y HERD /160 ~„•11.INECT .1 i I vc~ l60 60- _ _J(1 - T I/O 1~"~` lm I~ 11p I I 3L[s DN- i >_m .M1I NET7A ' i tw~.5 r 1, teo 160. ~ 1>D I ti0 "MCH" MAP KEY 0 Lots 1 2 3 4 i s 6 Maximum construction height, in feet, above ground 0 500 1,000 Saxx pawl ~1 without an Airport Zoning permit 7 nN s 9 1q 111 Scale in Feet 12 - L _ Airspace Zoning Limit 1 1 Meotlata 13 14 Runway .i5 16 1.7 18 MSP Zoning Map Rtrhfiek! mwnepin LDUn 'PfenCaG Airport boundary Maximum Construction Heights -'21- 22 23 24 q~,n; Eapen - Municipal boundary Without Permit 25 26 27 A 29 30 Plate MCH-23 Apri! 29, 2004 a~- To RRe „ ~ i I Q to 10 no ` ` I 1 I +60 tic PERRON ROW LPERRDN RD F--~ ' Mendota Heights 1 60 ,w ."T I t2D i MEWLGDIIDR ~ - ~ tb \ i Iw UPµ~ j I OD Iio I 6. tzo l :'w j ,zo MENDOTA NODNT$ RD 160 160 tb N lio ' a f tb I ,zo i i i to ffio r •itoo I t60 110 I tp 110 tb Iw tzo j In , i to ~ ~ tTO Ilro ~ vo ( i 1 ~ 1,D / • 6D ,b ,w Iw TRAPP RD 120 is j i to. EAI(D.441 160. 160_TF In- D. ro I ~o f ( tb ( I ~ ( i j ~ ~ , I ! DORPORATFDENTEROR , EADAN KiDU51R1AL'RD ' -a fp ~ ' Ib , 160 , I W O9 `R ATE DENTEIYCV_------''~~ b p Eagan j 160 lro I / ' AVAION AVE LKENNETH ST = NIDIMEWAVE 1 T t--' I]0 'y,A ~',a• ! I I I 120 11D._ t20 1 vCv I60'.~ / , j IT f i i 2 1 BEATRICE ST 1 fp 1 ? i y~MClIEF ST r i tb ~((,fl DRS 090 tzo ,,pp ib / y 120-~_ `O ~Ib .IiO 944 ,W tp i / 1 KEFEE Sf ' i IroI6 15. VV . 61MCH11 MAP KEY Lots 1 2 3 41 5 6 Maximum construction height, in feet, above ground 0 500 1,000 Wn1f FdD~ without an Airport Zoning permit s 1g 12 Airspace Zoning Limit Scale in Feet 13 1a - _ eta Runway Fkhrte~N -i5nepvi 16unry 17 18 MSP Zoning Map Afen~D.~h~ _ Airport boundary Maximum Construction Heights - 19'- 20' °21- 22 , 23 24 61unm1rn7Mn _ Municipal boundary Without Permit 25 26 27 [-28 29 30 Plate MCH-24 /I f r1 /~J Apri129, 2004 spy ' i tw SDUTN AVE > w 1~--- ,w IA ~ ~ mUMAVE EMTH ST 1 1 t20 ' \ / tf - c J~ V, )0 ~ / 110 f' ~ lr. ,w R 0 to n " i a r ~ I ~Ayjr,.; i 1. s• ;ih I EYTH ST I i )C Y - I - - c € iu r 1 3' t _ . 150 ' E667H.1?SfIS -1160 - J _ "tw EemIST tw / - 'EaTTNST' ~ FYTH ST '-160 ..T t Q ' / I tw J - - 1 -170 I.. 16 i.. I / ~ \ -,w- - - -..f .-.._..I' E9R'UNEUA - ^ - t "rte-. LL EYTHST ANEAAIWEGA lrY12 EYTN ST / :-^tTD-QY~ I ~ 4:. - + 1' Bloomington w J F 70 aDTHST- ~ ' 160 2. 7 i' 1 r`n _ - E wTHS,T/by,.(y,~ \ 2% pb •t I / 2eo , 4 ~ `I \ ~ i Aw i fi~ J D,D .1 i ~ I ' . y,=}~f ; ,~s'~, '~t~' /F"^` ~ 4 111 It,~'_'` vr, `.t ~ -f* ENO 370 I Asa ~ n .1'\ ~ i i 1 j:. szD "MCH" MAP KEY V V Lots Maximum construction height, in feet, above ground o soo 1,000 1 2 3 4j 5 s Saint PaW il '50without an Airport Zoning permit mfl~pdw - Scale in Feet 7 a s 10 ~ 1 12 • Airspace Zoning Limit Mentlcta 13 14 -jS 16 17 `is Runway MSP Zoning Map 11 `W11" - Airport boundary 'Mendota Hevhtt _ Maximum Construction Heights -19° '20' "'21" 22 , 23 - 24 - - Municipal boundary Without Permit Mn fapaA 25 2B 27 .2s 29 30 Plate MCH-27 1 J April 29, 2004 y, rW Ilk, /~atc Li3a R* ~ sY Y: ~w"~' lrJN6 jai z I T I/ l / i/ tlr rp, _,..._.a. I` Now Bloomington ;I ` zro 3DO Eagan '«Y ~V 0 i i "MCH" MAP KEY Lots 1 2 3 4 j s s ,w Maximum construction height, in feet, above ground 0 500 1,000 173u7[Pav/ without an Airport Zoning permit - 7 S 9 1611 12, Airspace Zoning Limit Scale in Feet - --n.hkn'A[Xa 13 14 r Runway Rkhrel =/rte C-,~ 17 18 MSP Zoning Map Airport boundary Maximum Construction Heights -.19.-..20' -21- 22" 28 24 Boa - - Municipal boundary Without Permit 25 2r, 27 -28 29 30 Plate MCH-28 I / 3~1 April 29, 2004 - _ r r- / z6o "_G- 7 i f a 160 _ no n0_ 1ui ,11n fao - - SKnWE Obi 110 1~ _ .1zo -sKnwEgo- ;.J'~ 40 1G0 1501. ; 110 ( I ' t Uo I ico 15n t 1 1 1w fz0 ' v0 ~,LE Tq zz0 zco 1 ~ ! / 160, 1] r~'M ]0 ~ 1]0 160 160 i 15011 15Y ~~_~i . `\~1`\ I 1~ /210 160- 160 ~ i )\\I .i I ~1 -zo I ~i ]A0 / LONE OAK RD _ 770 Iwo woo Goo ! om no ~o 01 1 - e0 _ 11 1'1 1 \ \ ` •'.I--~ y-+ -2~-O-_7 L - / flED CEDAR flD-S -`-a 1 ~ - 61EADOWNEWU _ ~-:rte.. MHO^t. -Eagan Y' r (w. ' I _-LE]ENDRE ST-T~• l.fll CIO \ , 6 CiC I / / j% -i ~ ter, ~ ~ :Z !T F-I L YANKEEDOOOLERD_'_ LLj / I _ r-~_ I WASNINDTON ` "MCH" MAP KEY Lots 1 2 3 a j s s Maximum construction height, in feet, above ground o 500 1,000 $aMrpaul 1 without an Airport Zoning permit MhnMiDaIS ' Scale in Feet s 9 10 11 12 L _ Airspace Zoning Limit - `'.MeixkXa 1 R/Udeea ~Ikan5 16 epinC-10y, 18 Runway MSP Zoning Map -PhnODra 29 he 24 gnu Airport boundary Maximum Construction Heights AbDnUngron Eagan - • - Municipal boundary Without Permit 25 26 27 28 29 30 Plate MCH-29 A" April 29, 2004 //~~OA~ t ; a 390 i 19y 1 s sV ws t er,v~Erm ~r~i •l.~-"~~. t>p ~dR ~ r g ~ , ~ t 1 ~ ,a^ \ f t v i{y-~ jay ~ OOP a - l--' ; 16FA; C4 OAK AP p~t3 s~4 t 1~ It '6~ `~i 1.•~7 `t~.~{ S At .dry- ~ 7 ~ ,,~{'.t,O~MR -l•TO»4R=-Fa)'~ F~ 1 I__-- t S 4 ~ i 1 1~ t' ~ t LEA .s,• £ f ~.r~".1 { / / 1 1V1-'" ,t t-' 4t S ' ~~~~~''TER OR` t 500 ~a nd Feet L-~ in feet above grou gate 'n xR MPP 1C~y 1D Lots constor ction he1ger, it n map „MC ax►mum p zoning p M MsP z Heights without an A n Collstrucioout permit 5 6 , e zoning t_imit imam wit p►rspaC 2 3 41 1 11 12 , Runway MaX CH.3o Min ee* g 19 teadoro ® ort boundarY plate ~ OI 29, zoo. 7 t 17 1S pirp AP 16 ndarY 13 14 'WReDun~l MendM~ yd9+{~ . Municipal bou 22 , 23 f ..21" F09011 19'" 27 29 30 u 25 26 2 we MSP Zoning Ordinance l l 2111 I ®19 ll®11II ® 1 INN 0 l 1 ®®1 11 11 III 11 ®1® Mi n 1 1 i 1® Apr11 29,2004 Gi 011 ®I 111111mm 111 1II 11111 ®19111 Ills r®11 I® 1® II® Ill ®I®~ ®~1 1 Illl! ®®®U, ®r®® ®r r® r sr ®®~Mrer ®rI'm HIM sk, 'At m MIN ~I ®®I® Ili 1 1 ® S Pau _ Airport Boundary ® - Municipal Boundary ®Illlillll 1®® 1a I 1 ! 1 ® I it ® , ~11 II o ~ II1~1 ® ®1 pI III ® ~1 11 ~ 9IIIIII ®®~11 I I lil I ®II 11 III ®®®I / 11 I 11 1 s 9111 ® Hennepi Efi_Wiffi ® - County ndota ® 1 I®1 11 r r ' r r ~ NORTH o 1000 2000 1000 Fq ~7L ; O ® SCALE IN FEET 1 0 0 ~ ~ 4 Ea an Exhibit-A- AAirport Boundary o ® m ® IVI 1 1 i w m 1 1 111111 1 1® ®®11111 1 11 1 11 SP Zoning Ordinance of l 11 ®11 1®®1 ®®IlOlll 1 11®1®1®111 Min ® 1 11 ®®®I® April 29, 2004 11 1 ®®1®®1 ® 1 it 1111111 11111 so 11 1®1 1~1 11111 ®111111 - ® 111111 ® 1 1®®®®® 11 ®®1 viii ®1® 1®1 ® I MEN nor Sol ASM 1 ® 111ammmi 1111 1 ® ® ~SPa~u Airport Boundary ® 111®1®®m 11® ® Municipal Boundary 11111® ~ ~1®1®®1111,1 11 ! ®1 11 1 1 ®1 ® Established Residential Neighborhood In ® Built-Up Urban Areas ~99 ® WWI e® 1 ® Hennepi 0 ®~®11 'a 11 County = ndota inhfc 1® 11® 11111 ® ® NORTH o iooo 2000 xooo woo •t~~ V ® SCALE IN FEET r ~1 1 ` 0 0 1 1 ® 1 Exhibit-C- a Map of Established ® / Ea an Residential B • Neighborhoods In Built-Up Urban Areas ®®1991®lvl ®~®11 11 1111 ® 1 ®®®~®®®®®®®®®®®g MSP Zoning Ordinance ®1 ® 1 1011 mm IN ®®1 IZ. ®9I 1 1® ® ®I ® I~ I~III I II I ®®®I® I. April 29.2004 ME i 121M11 M ammomm t:::::' 1 111 111111 1®11® 1 ~1~ m 1 1111 1 ® . IMM . . Airport Boundary . . . Municipal Boundary . Airspace Zoning Area 9 . ` . . c6 . 7.1 ® 1 l.... NORTH 0 '000 2000 4000 I I a { lfJ .'.IY• • • SCALE IN FEET J:.'. ® J:::.. . r, r' 9 1 :yam, / Exhibit-D- Airport Boundary . And Airspace Zoning Limits ®11 11 11®11 1~®IIIIS 1111111 11 B MSP Zoning Ordinance ® 1111 ®C~I® 1 ® 1 ®3 , ® ® ®®®®1®®® ® 1111 1 1 Min 1 . ®®1 1 ® 1 April 29, 2004 1®11 ®111® 1® 1 1 1 1®®M®®® MINIMUM SIII ®®®111 r® mpg NEI MINI ®®1110 1 ®11 ® ~S Pau Airport Boundary Municipal Boundary ®1 ,~1~~ ®®®1~ ~1~~ ® Airspace Contours 1 i~®1~1 a®,11' mt~ • - - - Airspace Zoning Limits S ® 1 11®®®®®~ ' at e nnepi 1®IBIS ® - - 1 1 ty e 1®i 1 ® 1®~ ®®®1 1 ®1 ®1 1 ®11 ndota ®®1 1 1®1®11 11 11 ME ®1 irihfcz ®111 1 1 1 11®11 1 1 111 NORTH ® ~ o iaoo soon ♦ooo lAJ ® ® ' SCALE IN FEET ® O Ea an Exhibit-E- ® Airport Boundary - And.Airspace Contours a. i 1®~~ MSP Zoning Ordinance Bll MI n April 22,2004 NMI 1 11 Airport Boundary ® Pau Municipal Boundary . Safety Zoning Area . . . . MEN . . ,i Ei;]Tl~] ~ 'rose own w 1 ® 1 ® . NORTH j0'••• 0 1000 2000 4000 1 l%^^~-`~-, SCALE NJ FEET V• • • • . ® - - . . . 1 mom lad od, Ea an Exhibit-F- 1 t: Airport Boundary And Safety Zoning ® i Limits ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS" BY ADDING SECTION 11.63, REGARDING AN AIRPORT OVERLAY DISTRICT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.63, to read as follows: Sec. 11.63 AOD - Airport Overlay District. Subd. 1. Purpose and intent. The Airport Overlay District is established to adop by reference and implement the 2004 Minneapolis-St Paul International Airport (Wold- Chamberlain Field) Zoning Ordinance as amended April 29, 2004 ("2004 MSP Zoning Ordinance"). The 2004 MSP Zoning Ordinance creates zones and establishes boundaries that extend into the City. It is the purpose of the airport overlay district to protect the public health, safety, general welfare and ensure land use compatibility to prevent potential obstructions or hazards to air traffic in the air space above and around the City within the Airport Overlay District. Subd. 2. Adoption. The Mmnea olis-St. Paul International Ai ort Wold- Chamberlain Field) Zoning Ordinance as amended April 29, 2004 ("2004 MSP Zoning Ordinance") together with Exhibits A - F are incorporated herein by reference and are available at the City Clerk's office in the Eagan Municipal Center. Subd. 3. Established Boundaries. The airport overlay district shall apply to all land within the City designated to be within one of the three safety zones set forth in the 2004 MSP Zoning Ordinance. Subd. 4. General restrictions. No use shall be made of any land in any of the safety zones identified in the 2004 MSP Zoning Ordinance that is contrary to the provisions set forth in the 2004 MSP Zoning Ordinance. Subd. S. Desiznation ofZonft Administrator. For the purpose of administering and enforcing this section the City's zoning administrator shall be the Eagan City Planner. Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. /3S- Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 134? INDEMNIFICATION AND COOPERATION AGREEMENT REGARDING THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD AND THE MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT ZONING ORDINANCE This Agreement is made this day of , 2009, by and between the Metropolitan Airports Commission ("MAC"), the Cities of Bloomington, Eagan, Mendota, Mendota Heights, Minneapolis, Richfield and Saint Paul and the County of Hennepin (collectively "the Entities") and Mary Hill Smith, an individual ("M. Smith"). RECITALS A. The parties to this Agreement are all of the members of the Wold-Chamberlain Field Joint Airport Zoning Board ("the JAZB") formed pursuant to the authority of Minn. Stat. § 360.063. M. Smith was appointed by the other members as Chair of the Board pursuant to the authority of Minn. Stat. § 360.063, subd. 3(b). B. In 1984 the JAZB adopted the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance ("the Ordinance") to govern land use and the permitted height of structures, vegetation and other potential obstacles in areas proximate to the Minneapolis-St. Paul International Airport ("the Airport") and under the approach and departure paths for flights to and from the Airport. 1 _67 C. Under the provisions of the Ordinance, an employee of each of the Entities is designated as the Zoning Administrator who is responsible for administering and enforcing the Ordinance for lands located within each respective Entity. D. In connection with construction of a new runway at the Airport and with other changes made at the Airport since 1984, the JAZB is considering certain Amendments to the Ordinance ("the Amendments") that, if formally proposed by the JAZB, must be approved by the Commissioner of the Minnesota Department of Transportation ("the Commissioner") and adopted by the JAZB before they become effective. E. If the Amendments are adopted by the JAZB in a form acceptable to MAC, MAC desires that each of the Entities amend its respective comprehensive plan and zoning code to require compliance with the Ordinance as amended by the Amendments ("Amended Ordinance') and to include the Amended Ordinance as an appendix to its zoning code. MAC also desires that an employee of each Entity act as the Zoning Administrator to administer and enforce the Amended Ordinance within its respective boundaries. F. The Entities are willing to amend their respective comprehensive plans and zoning codes and to administer and enforce the Amended Ordinance within their respective boundaries. The Entities desire, however, to be protected against possible legal liability that may arise from their doing so. G. M. Smith desires to be protected against possible legal liability that may arise from serving as Chair of the Board, from actions taken by the Board and by actions taken by the Entities to amend their respective comprehensive plans and zones codes and to administer the Amended Ordinance. 13o AGREEMENT In consideration of the mutual promises and consideration set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Adoption Of Amendments And Effectiveness: After the second public hearing on the Amendments, the JAZB shall send its proposed final version of the Amendments to MAC. The MAC Board of Commissioners shall either approve the proposed final draft or respond by stating the changes to the Amendments needed for this Agreement to be acceptable to the MAC. If the JAZB changes the Amendments as set forth by the MAC Board of Commissioners and adopts the Amendments as changed, and if such Amendments are acceptable to the Commissioner of the Minnesota Department of Transportation, this Agreement shall become effective immediately; provided it has been executed by MAC and the Entities. 2. Indemnification Of Entities: In consideration of an Entity's (i) amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, (ii) amendment of its zoning code to incorporate therein a provision requiring compliance with the Amended Ordinance and to add thereto as an appendix the Amended Ordinance and (iii) designation of one of its employees to act as the Zoning Administrator to administer and enforce the Amended Ordinance within the Entity's boundaries, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless: q a. the Entity; b. any person who serves or has served as the Entity's representative at meetings of the JAZB; and c. any officer, employee or agent of the Entity, other than an attorney employed or retained by the Entity, who may hereafter be responsible for or participate in administering or enforcing the Amended Ordinance within the Entity's boundaries, (collectively, "Indemnified Parties" and individually "an Indemnified Party") from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by the Indemnified Party resulting from or arising out of any act of that Indemnified Parry in connection with the consideration and adoption of the Ordinance and Amendments by the JAZB, the amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, the amendment of its zoning code to require compliance with the Amended Ordinance, the incorporation of the Amended Ordinance as an appendix to its zoning code and administration or enforcement of the Amended Ordinance by the Entity. 3. Indemnification Of M. Smith: In consideration of M. Smith's service as the Chair of the JAZB, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless M. Smith from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable 1~6 attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by M. Smith resulting from or arising out of any act of M. Smith as Chair of the JAZB, in connection with the consideration and adoption of the Ordinance and Amendments by the JAZB or out of the acts of the Entities to amend their comprehensive plans to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, to amend their zoning codes to require compliance with the Amended Ordinance, to incorporate the Amended Ordinance as an appendix to their zoning codes or to administer or enforce the Amended Ordinance. Therefore, for the purposes of this Agreement, M. Smith shall also be an Indemnified Party. 4. Limitations And Exclusions: MAC will not indemnify an Indemnified Party with respect to liabilities or costs resulting from or arising out of: a. a failure by the Indemnified Party or an official, employee or agent of the Indemnified Party to follow the procedures established by the Amended Ordinance, by the comprehensive plan or zoning code of the respective Entity or by applicable state law in performing any act as to which indemnification would otherwise be available under this Agreement; b. the gross negligence or willful misconduct of an Indemnified Party or an official, employee or agent of that Party in performing any of the acts as to which indemnification would otherwise be available under this Agreement; C. actions involving self-dealing or conflict of interest by the Indemnified Party or an official, employee or agent of that Party; or 141 d. actions of any individual (whether or not that individual is an Indemnified Party) not performed in an official capacity as a representative of the Entity of which the individual is an official, employee or agent and in direct performance of the individual's duties. 5. Notice Of Claim: If an Indemnified Parry receives notice of a claim or of the commencement of an action or proceeding with respect to which the Party believes MAC is required by this Agreement to provide indemnification ("Claim"), the Party must give written notice thereof to MAC within 21 calendar days if the Claim is not asserted in a formal complaint in a legal proceeding, or within 10 calendar days if the Claim is asserted in such a formal complaint ("Notice of Claim"). The failure to give Notice of Claim within the time specified in this section shall relieve MAC of its obligations under this Agreement if in MAC's reasonable judgment the failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim. 6. Assumption Or Rejection Of Defense: Within 10 days after receiving a Notice of Claim in accordance with section 5 of this Agreement, MAC must notify the Indemnified Party providing the Notice of Claim either: a. that MAC will assume complete control of the negotiation, settlement and defense of the Claim and will be responsible for the entire amount of any costs incurred in negotiating, settling and defending the Claim, including any amount required to be paid in settlement of the Claim or in satisfaction of a final judgment, after the conclusion of any appeals, in a lawsuit based on the Claim. MAC must also notify the Indemnified Party of the name and address of the counsel whom it has assigned or retained to perform MAC's duties under this section. Thereafter, except qa-~ with the consent of the Indemnified Party, MAC may not enter into any settlement of the Claim that does not include, as an unconditional term of such settlement, receipt from the claimant of an unconditional release to the Indemnified Parry from all liability with respect to such Claim; or b. that the Claim is not a claim for which indemnification is required under this Agreement and that MAC therefore declines to provide indemnification. In such a case, the Indemnified Party may itself control the negotiation, settlement and defense of the Claim at its own expense and may select counsel of its own choice for that purpose, and MAC must cooperate with the Indemnified Party in the respects described in sections 7.a, 7.b and 7.c of this Agreement as if MAC were an Indemnified Party. 7. Cooperation Of The Indemnified Party: As a condition of MAC's obligation to indemnify and hold harmless, an Indemnified Party and any Entity with which an individual Indemnified Party is associated: a. must make available to MAC and its counsel all of its books, records and documents that MAC or its counsel determines to be necessary for the defense of any Claim for which indemnification is sought; b. must cooperate fully with MAC to secure any information or testimony that MAC or its counsel determines to be relevant or material to the Claim; C. must execute all necessary pleadings or other documents in any litigation arising out of, or with respect to, any Claim when requested to do so by MAC or its counsel; provided however, that an Indemnified Party may have counsel of its own choice review any such pleadings or documents, provided that MAC will not be liable for any expenses relating to an Indemnified Party's consulting such separate counsel; and d. must not settle or compromise any Claim for which MAC has undertaken the Indemnified Party's defense without the prior written consent of MAC. 8. Termination Of Indemnification Obligation: MAC's obligation to provide indemnification pursuant to section 2 of this Agreement will terminate: a. as to an Entity and any Indemnified Party associated with that Entity, if the Entity, having amended its respective comprehensive plan and zoning code as required by section 2 of this Agreement as a condition of its becoming eligible for indemnification, thereafter further amends its comprehensive plan or zoning code so as to change materially the provisions previously adopted pursuant to section 2 of this Agreement; b. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Party is associated fails to perform any of its obligations under section 7 of this Agreement and does not correct such failure within 30 days. after being given notice by MAC that MAC will cease to provide indemnification if the failure is not corrected; C. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Parry is associated fails to perform its obligations under section 5 of this Agreement and if such failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim; or d. as to any Indemnified Party, if, after MAC has assumed responsibility for a Claim under section 6.a of this Agreement, MAC or a court or other adjudicating 8 iw entity subsequently determines that the Claim is of a type described in section 4 of this Agreement, as to which no indemnification is required, in which case MAC must promptly notify the Indemnified Party that it will no longer provide indemnification. MAC agrees to notify an Indemnified Party promptly if MAC determines that one of the Limitations or Exclusions in section 4 may apply. In the case of a termination pursuant to section 8.d of this Agreement, MAC shall be entitled to reimbursement of its costs incurred pursuant to section 6.a of this Agreement, and upon receipt of an itemized bill for those costs from MAC, the Indemnified Party shall promptly reimburse MAC for the billed costs. 9. Separate Representation Of Indemnified Party: If an Indemnified Party reasonably determines that there may be a conflict between the positions of MAC and the Indemnified Party in connection with the defense of a Claim, or that there may be legal defenses available to the Indemnified Party different from or in addition to those being asserted on its behalf by MAC, counsel for the Indemnified Party may conduct, at the Indemnified Party's own expense and at no expense to MAC, a defense to the extent that the Indemnified Party's counsel believes necessary to protect the Indemnified Party's interests. In any event, the Indemnified Party shall be responsible for all fees and expenses of its separate counsel arising from or related to the defense of a Claim for which MAC has assumed responsibility under section 6.a of this Agreement. 10. Resolution Of Disputes Between Parties: If a dispute arises between MAC and an Indemnified Party concerning either party's compliance with or obligations under this Agreement and the parties are unable to resolve the dispute by negotiation or other procedure (including mediation or arbitration) on which the parties may agree at the time, any lawsuit 1/1 s arising from the dispute must be filed in the Minnesota District Court for the Fourth Judicial District (Hennepin County). 11. Notice: Any notice, direction, or instrument to be delivered hereunder shall be in writing and shall be delivered to the following: To MAC: Metropolitan Airports Commission Attn: Thomas W. Anderson, Esq. General Counsel 6040 28th Avenue South Minneapolis, MN 55450-2779 To City of Bloomington: City of Bloomington Attn: Mark Bernhardson City Manager 2215 West Old Shakopee Road Bloomington, MN 55431-3096 To City of Eagan: City of Eagan Attn: Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 To City of Mendota: City of Mendota PO Box 50688 Mendota, MN 55150 To City of Mendota Heights: City of Mendota Heights Attn: Mayor Charles E. Mertensotto 1101 Victoria Curve Mendota Heights, MN 55118 To City of Minneapolis: City of Minneapolis Attn: Charles D. Ballentine Director of Planning 350 South Fifth Street Minneapolis, MN 55415-1385 10 1 ►T To City of Richfield: City of Richfield Attn: Samantha Orduno City Manager 6700 Portland Avenue South Richfield, MN 55423 To City of Saint Paul: City of Saint Paul Attn: Mayor Randy Kelly 390 City Hall St. Paul, MN 55102 To County of Hennepin: Office of the Hennepin County Attorney Attn: Mark Chapin Managing Attorney A200 Government Center Minneapolis, MN 55487 To M. Smith: Mary Hill Smith 515 North Ferndale Road Wayzata, MN 55391 Such notice shall be either (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case it shall be deemed delivered on the date of delivery to said offices, or (ii) sent by certified U.S. Mail, return receipt requested, in which case it shall be deemed delivered on the date shown on the receipt unless delivery is refused or delayed by the addressee, in which event it shall be deemed delivered on the 3rd business day following deposit in the U.S. Mail. Parties may change to whom notice shall be given by giving notice in accordance with this section, provided that no party may require notice to be sent to more than two addresses. Any individual who claims entitlement to indemnification under this Agreement must include with the Notice of Claim required by section 6 of this Agreement the address to 11 4? which any notice, direction or instrument under this paragraph should be delivered to that individual. 12. Captions: The section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any provision of this Agreement. 13. Construction: The rule of strict construction shall not apply to this Agreement. The Agreement shall not be interpreted in favor of or against either MAC or any Indemnified Party merely because of their respective efforts in preparing it. 14. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. 15. Complete Agreement; Amendment: This Agreement sets forth the complete agreement of the parties with respect to its subject matter. It may be amended, modified or waived as between MAC and any Indemnified Party only by a writing signed by both of them. 16. Signatures: This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute and be one and the same instrument. Each signatory below represents and warrants that he or she is expressly authorized to enter into this Agreement on behalf of the Party for which that person is signing. Twanders/miscagreements/MAC-IAZB - Indemnification Agreement FINAL 9-11-02.doc 12 INDEMNIFICATION AND COOPERATION AGREEMENT REGARDING THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD AND THE MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT ZONING ORDINANCE SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Indemnification and Cooperation Agreement to be executed for City of Eagan Dated: By: Mike Maguire Title: Mayor Witness: Maria Peterson Title: City Clerk 13 Agenda Information Memo July 21, 2009, Eagan City Council Meeting C. ORDINANCE AMENDMENT - CHAPTER 5, REGARDING PREMISES LICENSED ACTIONS TO BE CONSIDERED: To approve an ordinance amendment to Chapter 5, specifically as it relates to premises licensed for liquor sales. FACTS: ➢ On July 7, 2009, the City Council directed the City Attorney's office to prepare an ordinance amendment to Chapter 5 as a result of changes to City Code Chapter 11.07 regarding temporary outdoor events and Chapter 10.31 regarding permits for outdoor amplified sound. The ordinance amendment will also incorporate language addressing the extension of licensed liquor premises to include other outdoor areas located on the property of the licensed premises, e.g., a parking lot. ATTACHMENTS (1): ➢ Draft ordinance amendment enclosed on pages al~ through /S0 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.07 REGARDING PREMISES LICENSED FOR LIQUOR DISTRIBUTION; AND BY AMENDING SECTION 5. REGARDING ; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.07 to read as follows: Sec. 5.07. Premises licensed. Unless express!), s'a4ed-'her-en, a A license issued under the provisions of this 'chapter shall be valid only for the licensed premises only in the eempae! and eei4igttetts building or- .stmettwe situated the p a 'bed in tll««, and all transactions relating to a sale under swh the license must take place on the licensed premises as described on the license 1t4hift 11111 J IZ Gh II building s+"' e+ . For purposes of this Section "licensed premises" shall consist of the building or portion of a building and any outdoor seating area that is compact contiguous and attached to the building or portion of the building to which the license applies provided the outdoor seating area is separated and delineated by a permanent wall or fence with ingress thereto only from the licensed building Upon application the City Council may, by resolution, temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the provisions of Chapters 10 and 11 of this Code and provided that the following terms and conditions are met: 1. The outdoor area proposed for inclusion into the licensed premises is contiguous with the licensed premises; 2. The outdoor area serves the licensed premises; 3. If the outdoor area proposed for inclusion into the licensed premises is a parking lot the required number of parking paces for the property still remain available for parking use; 4. The outdoor area where alcoholic beverages are served is set off by a temporary barrier from the remainder of the outdoor area where beverages, are not served; 5. All persons who are 21 years of age or older shall be identified by a colored wristband within the delineated area of the outdoor area where alcoholic beverages are served; 1151 6. Admittance to the delineated outdoor area where alcoholic beverages are served shall be controlled by the licensee or their delegate who is at least 18 years of age, ensuring that all those persons who are 21 years of age or older are identified by a colored wristband: 7. The licensee shall provide the City with proof of liability insurance as required by Minnesota Statutes Ch. 340A The proof of liability insurance shall specifically set forth that the premises insured includes the portion of the outdoor area where alcoholic beverages are served, 8. Any outdoor use of electronic sound system or audio equipment shall be in accordance with Chapter 10 of this Code if the use of such equipment will occur after 10:00 p.m., 9. The licensee shall comply with all provisions of this Chapter, the City Code, and state laws in connection with the sale of alcoholic beverages with the temporary extended license premises area; and 10. Such other and further provisions as the City Council determines are necessary to ensure the health and welfare of citizens and property. Section 2. Eagan City Code Chapter One entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: jL~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 21, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider Settlement in the Matter of the Relocation of Kelly Plourde Sales, formerly located at 3935 Cedarview Drive F. OTHER BUSINESS G. ADJOURN 1s-6 Agenda Information Memo Eagan Economic Development Authority Meeting July 21, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTES - The minutes of the July 7, 2009 EDA meeting are enclosed on pages S MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota JUNE 16, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 7 2009 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley and Commissioner Hansen. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the June 16, 2009 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT SETTLEMENT IN THE MATTER OF THE ACQUISITION OF THE DELTA DEVELOPMENT PROPERTY LOCATED AT 3902 CEDARVALE DRIVE Community Development Director Hohenstein discussed a tentative settlement with Delta Development to purchase the property at 3902 Cedarvale Drive. Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve a Stipulation of Settlement to complete the purchase of the former Delta Development property in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. Aye: 5 Nay: 0 l,155- CEDAR GROVE REDEVELOPMENT DISTRICT SCHEDULE PUBLIC HEARING REGARDING THE SALE OF PROPERTY TO DORAN DEVELOPMETN FOR PHASE I APARTMENT PROJECT Community Development Director Hohenstein discussed the need for a public hearing to consider the sale of property in the Cedar Grove Redevelopment District. Commissioner Hansen moved, Commissioner Tilley seconded a motion to schedule a public hearing on August 3, 2009 to consider approval of a purchase agreement for the sale of City owned property in the Cedar Grove Redevelopment District to Doran Development for redevelopment purposes. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting at 8:53 p.m. Aye: `5 Nay: 0 Date Thomas Hedges, Executive Director /E T(\ Agenda Memo Eagan Economic Development Authority Meeting July 21, 2009 1. CONSIDER APPROVAL SETTLEMENT FOR RELOCATION OF PLOURDE SALES ACTION TO BE CONSIDERED: To approve a Stipulation of Settlement to finalize the claims for the relocation of Plourde Sales from 3935 Cedarview Drive in the Cedar Grove Redevelopment District and authorize the EDA officers and City Attorney to execute the Stipulation and any related documents. FACTS • As part of its efforts to acquire and assemble property for the development of the Cedar Grove Redevelopment District, the City, through the EDA, has acquired most of the properties in the District and relocated the businesses that occupied them. • Kelly Plourde Sales occupied the property at 3935 Cedarview Drive and has since relocated from that space. The City has paid certain costs of relocation and the business has made claims for other costs that have been denied, after which the business filed an appeal under the City's relocation appeal policy. The City Attorney and the attorney for the business continued negotiations pending the appeal. • The City Attorney has reached a tentative settlement with Plourde to resolve the remaining claims for an additional $3,600 above the $34,900 paid to date. • Because this matter is in pending litigation, should the EDA desire to discuss the terms of the Stipulation of Settlement before taking action on the item, the Authority should recess to a closed session. At such time as the EDA determines the information presented to be in order, the action above is in order. ATTACHMENTS: • Location map on page • Stipulation of Settlement on pages/~ througl), 151 e~ C~'' r, `afar • "~j il, 4 as Q~ (D Nlcols Rd m f CID FA* CID CL %Lp 0) CL i \ \ \ a \Q ~i►i~r" < \ (D CD , - - - -Rahn:Rd- - 1- r ly c\ 5\\ I 0 LLAL r \ "Ap In Re: Relocation Benefits of Kelly Plourde Sales, Inc. Claimant, VS. STIPULATION OF SETTLEMENT Eagan Economic Development Authority, Respondent. WHEREAS, Kelly Plourde Sales, Inc. (hereinafter "Claimant") was a tenant in certain property located at 3935 Cedarview Drive, City of Eagan, County of Dakota, State of Minnesota (hereinafter the "Property"); and WHEREAS, the Eagan Economic Development Authority (hereinafter "EDA") acquired the Property on May 9, 2007 and displaced the Claimant; and WHEREAS, a dispute arose as to the amount of relocation benefits that were available to Claimant; and WHEREAS, Claimant filed a Notice of Appeal of the denial of certain relocation benefits and requested a hearing pursuant to the EDA's Relocation Appeal Policy; and WHEREAS, the Claimant and EDA have reached a settlement regarding any and all relocation benefits that may be due and owing to Claimant as a result of the EDA's purchase of the Property. NOW, WHEREFORE, in consideration of the foregoing, Claimant and EDA agrees as follows: 1. FINAL PAYMENT OF RELOCATION CLAIMS. The EDA will provide payment to Kelly Plourde Sales, Inc. in the amount of $3,600 as set forth on the attached Relocation Claim. Said payment shall be provided to the 1577 Page 2/STIPULATION OF SETTLEMENT - Kelly Plourde Sales, Inc. Claimant within ten (10) business days following the date of this Stipulation. 2. RELEASE. In exchange for the payment referenced in paragraph 1, Claimant hereby releases the EDA from any and all damages and any further relocation claims, whether known, or unknown, arising out of or relating to the EDA's acquisition of the Property. 3. REPRESENTATION BY COUNSEL. Kelly Plourde Sales, Inc. acknowledges that it has been represented by counsel in this matter and knowingly enters into this Stipulation. Dated: - , 2009. KELLY PLOURDE SALES, INC. I By: Its: Dated: 2009. LINDSTROM LAW OFFICES i I, - By: Lind , I. #235283 Attorney for Kel 1 de Sales, Inc. 7600 Parklawn Avenue - Pentagon Park 1 Edina, MN 55435 (952) 831-2363 Dated: 72009. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: Robert B. Bauer, I.D. #227365 Attorneys for Eagan Economic Development Authority 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 TP-25151 (2/00) Minnesota Department of Transportation COMMERCIAL MOVING COSTS CLAIM Claim # 5 'IMPORTANT: PROMPTLY SUBMIT AFTER MOVE- 0 Advance Claim ❑ Partial Claim Final Claim z '"J ~ e FOR~OFFLCIAI. U.S O'NL . - FOF~ OAF CI AL USE w a I QNC o.: t;:,ti; Name (Payee). Kelly Plourde Sales, Inc. Approved Amount $_3,600.00 Attn: Dianna Deppe Approved By Steve Schrnieg Dist. Artemis S.P. Parcel Approved By Daniel Wilson Relocation Manager C.S. C.ID. Date Application Approved June 29. 2009 Fed No. County Dakota Mail Check to: Prop. Owner Name Pick-up by Wilson Development Services Prop. Address 3935 Cedarview Dr, Address (please contact Steve at 952-448-4630) City/State/Zip Eagan, MN 55122 Type of Acquisition: 0 Direct Purchase ❑ ED City/State/Zip F' O10090 s " v'i'a , O ,Fllr`E ONLY ~hzw raaai ~ n x~..de Business ® VENDOR NUMBER: Farm ❑ Non-Profit ❑ Sign Removal ❑ La ~F ONTOfHICH¢PERS~Ot~~PROrERTI'~WA o ~p Other ❑...u, .,5 ~ , Date of Move August 9, 2007 Address_ 6801 Washington Ave. S. Suite 200 City. Eden Prairie State MN 55344 AMO. N7' + F pfr'T~}'~ 'ttq~r , " ~ 'air ' ~ • • ~ , ~ ,''~w ~ i~7aMNn0,X8q,gittl ~aMoving Expense $3,600.00 Searching Expense for Replacement Site (Max. $1,000) $ TOTAL PAYMENT $ 3,600.00 Residency Certification: I attest, under penalty of perjury, that myself and/or members of this partnership, association or corporation are lawfully citizens of United States or aliens lawfully admitted for residency and authorized to conduct business in the United States. I, the undersigned, do hereby certify that the above information is true and correct, and that any mover's receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. MAIL CLAIM. TO: Date 7 , k: - 2MC1 1 L'S Name (print) Kelly Plourde Sales A'I'~'tts ' ~-0 Signature ~o~bt t,.JflSt4.~6~~1~$ •ZW Telephone 952-697-6014 1►J'~ ~ ~t~f ~a v '~~j t i Attachment to Claim # 5 6/29/2009 Kelly Plourde Sales Inc. 3935 Cedarview Dr. 24.301(g) Actual Moving Expense SubTotal $0.00 24.303 Related Expenses Line: (b) Professional fee - determine suitability MN Pollution Control Agency $3,600.00 SubTotal $3,600.00 24.304(a) Business Reestablishment SubTotal $0.00 Total Submittal this claim $3,600.00 Ito PxojatInvo, Minlnesd PoIIutlon. Iuxoice Tate: 'T'hursday, Marc] 29, 20.07 Control.. Agency protect: MexnoiriaTBlood.Center , InvoiceAccoant: VP228~4 aZhmstdpl oOl.lourde ,r~~.,l~n?s~~'~rQRe~eS ir.Y~'n~M•r . . 3935 .,CddaividW Drive Eagan; MN 55122 ltgicibg Pjeriod: IZ 3106, thru 0312q/04 Ai•stName . Last eme DatWorked' Sillablehours )3i11inR te. rumor Patrice. Iens9zr 114Y1007 0.5 500.60 ' 575.00, Amy Hatiiars 11b~2007 I,3 X130.00` 5325:90 Candace Sykora 1/513407 iS ;130;Qp. 5335.,00. Candace Sykara 'MOOT 0.5 5154,00 ,575.00 Amy Hddiacie lfWool 1 -5.150.00; SISOM :Arity?. 1ladiaris t/g/2007 4 5` S1soga' $1575A0 Ainy HiLdluds 1/1012007 1150,00 573600' Candxc.a Sykes 1110120.07 2• . 5150,00 S~OODO• Amy Hadiarls 11111?097 t S1S9:g0" $150:00 Candace`'- S*rs 1/12/2907 1 $150.00 S15aoh Catiaece.. $}"(korp: 1.1181200.7 1.. S1i0.t~u SI50..00., Candace Syitp if1912047 1' 515000 5150.04 CAndacc Sykom* 1/22/2047 9:3 5150.00 ; 513:0.0 fiandac4' Sykora; 112412007, 1 5,150.1)•0 SiS0.00 Amy Hadiiri~ • 1/2412007 O:S 515040 x75 0ll Cmdade. SykOW 1/16/2907 a:5 9T50.:00 STS:00 tvigWi-anence.) e4 3/20/2007 0„"~ SIS4.0¢ S75.OU, i Tote1 #lciurs Wtarkedi 23,50 Ioase pay this ai Ouat~ ~00 : Payment is dixe within 30 days of this invoice.*'FQr quest~w*,.plgOe call 6A!2§7-7078: Ploasc ioWulds portioaof the idvoig~ fox yohir tez:ozds, , r~sl -a29~" 6.3.o~ 1p: 24., so -J N23' V.Y.C. Project.Invo a Minnesota POINt on, -Invoice Date; Friday, June 29,2007* Control. Agen.c. Project: Memorial Blood Center Invoice.Accounts VP2284Q' Cfiristiapiiic'Flt uFtl~ Rlaicde Poperfiesl; 3935 Cedm ew Drive: Eagan, ivPN. SS'122. InvoisingPeriodi: 03/7,07 ti►ru. Ob126107 First Name: Last Namg Datg Worked Billable Nours illigg,Rate' Amounl. Richard JQIIyY 5/2/2007 0,5 $1.50,00 ;17$.00 xt n , Total Hours, Wgrk. edi. Q,50 ,'lease paytth~saniaiun't , x ~ ~ ` {rr r Faymont Is:due~ with'in 3.O..days p th.'is invoice. For questigns; please CO 651.247-1 78. please rot4ipIhis,pord on A o .the' nv.,a(cg-tar;yflu}.:recortis~ - - - - - - - - - - - Pleasi:remI this portion of invoice. with payment:: Project, Memorial'$lood Center IgvoiceAacounft VP2280 Minnesota P0llutlron. Invoice. Date; Fridq, June29, 2047 ontroi ency C A, InVoic n,g Period;. 3/21/2003. thru 6/202007 Rlease.pay this amount-. $75.00 Payoxent due by: Sunday, July.29,~007 Remit poym.egt,(muke checks payable to r' Minnesota Pollution COMA Agency.") to: MN Pollution ContlGal.Agenpy,:Fiscai S,ervic.Qs 520.;Lnfayette, Road No. 5 ti Raul, M_ 55155 i Business Relocation Summary Project: City of Eagan - Cedar Grove Claim# 5 Displacee: Kelly Plourde Sales Parcel: Date: 6/29/2009 3935 Cedarview Dr. Eagan, MN 55122 ITEM Previously This Claim Submitted Submittal Amount to Date 24.301 Actual Moving Expenses 1 Transportation of personal property $3,778.00 2 Packing, crating, unpacking, un- $4,860.00 $4,860.00 Gratin 3 Disconnecting, dismantling, etc. $9,522.64 $9,522.64 personal property 4 Storage of personal property 5 Insurance for replacement value 6 Loss of property, damaged, stolen 7 Other related expense 11 Licenses, permit & certification $35.00 $35.00 12 Professional Services Plan the Move 13 Printed Material $1,595.40 $1,595.40 14 Direct Loss $650.00 $650.00 15 Cost incurred in sale 16 . Purchase of substitute property Searching for replacement $2,500.00 $2,500.00 18 Low Value-High Volume SUBTOTAL $22,941.04 $22,941.04 24.303 Related Expenses a Utilities from ROW b Professional fee/determine suitability $3,600.00 $3,600.00 c Impact Fees SUBTOTAL $3,600.00 $3,600.00 24.304(a) Business Reestablishment 1 Code Requirements 2 Modification to replacement property $10,000.00 $10,000.00 3 Exterior Si na e 4 Redecoration/re lacement surfaces 5 Advertisement 6 Increased operational costs 7 Other SUBTOTAL $10,000.00 $10,000.00 TOTAL $32,941.04 $3,600.00 $36,541.04 Agenda Information Memo Eagan Economic Development Authority Meeting July 21, 2009 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. J l1G ~G