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05/03/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MAY 3, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DAKOTA ALLIANCE FOR PREVENTION UPDATE V. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) VI. 6:55 - CONSENT AGENDA (PINK) qi . A. PERSONNEL ITEMS B. LICENSES, Plumbers C. SELECTION, Legal Service Providers, City Attorney, Prosecution, Labor and Bond Counsel P 4;D. RECONSIDERATION, Application of Metropolitan Airports Commission Part 150 Sound Insulatirn Program, McKee Addition r7. q E. RECOMMENDATION, Airport Relations Committee Opposition to Runway 4/22 Extension f*, 21F. RECOMMENDATION, Solid Waste Abatement Commission, Position on U.S. West Phone Book ii,/Recycling Program �.f G. SET June 4, 1994, as Date for Public Auction of Surplus Property V r 31 H. CONTRACT 94-06, Approve Plans/Authorize Ad for Bids (Wilderness Run 1st - 4th V.' Additions) :II. CONTRACT 94-04, Approve Plans/Authorize Ad for Bids (Englert Road) •J.CONTINUE REZONING, Marell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) ��1to R-1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the NE 1/4 of Sec 12 2/ K. SPECIAL USE PERMIT, Marvin Smith & Sons, Inc., to allow a temporary tent sale, located rat Lot 2, Block 1, Gopher Eagan Industrial Park Second Addition in S 1/2 of Sec 12 �j L. ACCEPT COMMERCIAL LAND USE STUDY, Interim Report: Working Policies, for use in .✓ evaluating Land Use Plan map amendments in the interim prior to final completion of the overall Commercial Land Use Plan amendment PM. CONTRACT 90-09, West Publishing 3rd Addition and Wilmus Addition (Trunk Storm Sewer) Approve Change Order #1 N. CONTRACT 90-09, West Publishing 3rd Addition and Wilmus Addition (Trunk Storm Sewer �%� si & Trunk Storm Sewer Lift Station) Approve the 7th and Final Payment to Danner Trucking Company, Inc., and Accept Improvements for Perpetual Maintenance Subject to Appropriate Contractual Warranty Provisions (I 0. ACCEPT RESIGNATION, Advisory Parks, Recreation and Natural Resources Commission VII. 7:00 - PUBLIC HEARINGS (SALMON) 67,0,A. VACATE Drainage &Utility Easements (Lots 1-10, Block 1, Woodlands North 2nd Addition) VIII. OLD BUSINESS (ORCHID) REZONING, Arcon Development, of 17.84 acres from A (Agricultural) to R-1 (Single Y%' r Family) and PRELIMINARY PLAT, Arcon Development, Waterview Addition consisting of 20 single family lots located east of Dodd Rd and west of Hwy 3 in the SW 1/4 of Sec 36 I%. pff7 f i°e/ B olc P ° t e v,,Y7E trP rgi 1 P NEW BUSINESS (TAN) VARIANCE, Patrick C. Hoffman, of 4.25' to the required setback of 50' from Diffley Road, located at 4195 Pond Wynde South, Lot 4, Block 1, Deerwood Ponds, located in the SE 1/4 of Sec 21 VARIANCE, American Concepts, Inc. Eagan Convenience Center, for a 27 s.f. variance to the sign code maximum size for Lot 1, Block 1, Eagan Convenience Center WAIVER OF PLAT, Marotzke, to split P.I.D. #10- 03600 - 011 -81 for individual ownership located south of Gun Club Road in the SE 1/4 of Sec 36 WAIVER OF PLAT, Frank H. Rechtzigel, in order to split Parcel 011 -50 for individual ownership located along the north and south sides of Deerwood Drive east of I -35E in the SW 1/4 of Sec 21 WAIVER OF PLAT, M.L. Gresser, to split Lot 11, Block 1, Sibley Terminal Industrial Park, for individual ownership located along the west side of Terminal Drive north of Yankee Doodle Road in the SE 1/4 of Sec 8 CONDITIONAL USE PERMIT, Field Maintenance, Inc., to allow service and outdoor storage of trucks in a LI (Light Industrial) district on Lots 17, 18, 19, Block 4, Eagandale Center Industrial Park #4 Addition, along the west side of Mike Collins Drive north of Yankee Doodle Road in the SE 1/4 of Sec 11 FINAL PLANNED DEVELOPMENT REVISION, Blue Ridge 3rd Addition, B.R.W. Inc., and a PRELIMINARY PLAT consisting of two lots on 17.12 previously zoned PD (Planned Development) acres located along the south side of Waters Road east of Highway 55 in the SW 1/4 of Sec 1 and the SE 1/4 of Sec 2 PRELIMINARY PLAT, EFH Company /American Red Cross Addition, consisting of one lot on 3.2 previously zoned LI (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court in the SW 1/4 of Sec 3 COMPREHENSIVE GUIDE PLAN AMENDMENT, Good Value Homes, changing the land use category of approximately 9.6 acres from LB (Limited Business) to D -II Mixed Residential (0 -6 units /acre) located west of Crestridge Dr and east of I -35E in the SE 1/4 of Sec 16 COMPREHENSIVE GUIDE PLAN AMENDMENT, Centex Homes, changing the land use category of approximately 19.52 acres from CPD (Commercial Planned Development) to D -III Mixed Residential (6 -12 units /acre) located south of Town Centre Drive and east of Yankee Place in the NE 1/4 of Sec 15 ORDINANCE AMENDMENTS, City of Eagan, to Chapter 13 of the Eagan City Code regulating building permits prior to public and private services and regulating the construction of utilities, drainage facilities, and streets and subdivision regulations - Public Design & Installation of Infrastructure APPLICATION, Low Income Housing Tax Credit Application for Eagan Family Housing Limited Partnership ADDITIONAL ITEMS (GOLD) LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not on agenda) ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 27, 1994 SUBJECT: AGENDA INFORMATION FOR THE MAY 3, 1994 CITY COUNCIL MEETING I":..:.. isi....._ .............. After approval is given to the May 3, 1994 City Council agenda, the regular meeting minutes for the April 19, 1994 City Council meeting, and Special City Council minutes for the March 22, 1994 Special City Council meeting, the following items are in order for consideration. Sheryl Casey will be present at Tuesday's meeting to provide an update on the activities of the Dakota Alliance for Prevention on which she serves on behalf of the City of Eagan. The Council has previously reviewed goals and background information for this organization. In addition to the update, Ms. Casey will be available for any questions the Council may have. Agenda Information Memo May 3, 1994 City Council Meeting A. Personnel Items ........ .. ••}:} iv:• 1. 4. vi}: iti} } } }:.:. } }:::: +.•fi::.vrkv.•r.3r There are fifteen (15) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS Item 1. Youth Development Coordinator - -In official action at the April 19, 1994 City Council meeting, the Council approved the hiring of a person to be named by the Director of Parks & Recreation as Youth Development Coordinator. Director of Parks & Recreation Vraa has recommended the hiring of Walker Lee Ashley as Youth Development Coordinator. Mr. Ashley began working for the City on Monday, April 25, 1994. It would be appropriate at this time for the Council to ratify the hiring. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Walker Lee Ashley as Youth Development Coordinator. Item 2. Seasonal Concession Workers - -The City Administrator has approved the hiring of the following seasonal employees as seasonal concession workers for the summer of 1994: Deborah Buntjer, Wendy Willman, Nora Flueger, Christopher Fischer, Susan Garry, LeiLani Fischer, Holly Confer and Julie Beecher. It would be appropriate at this time for the Council to ratify the hiring of these people. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Deborah Buntjer, Wendy Willman, Nora Flueger, Christopher Fischer, Susan Garry, LeiLani Fischer, Holly Confer and Julie Beecher as seasonal concession workers. Item 3. Seasonal Park Maintenance Worker - -The City Administrator approved the hiring of Gregory Martin as a seasonal park maintenance worker. It would be appropriate at this time for the Council to ratify the hiring of this person. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Gregory Martin as a seasonal park maintenance worker. Item 4. Seasonal Ballfield Attendant—The City Administrator approved the hiring of Douglas Kuehn as a seasonal ballfield attendant. It would be appropriate at this time for the Council to ratify the hiring of this person. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Douglas Kuehn as a seasonal ballfield attendant. Agenda Information Memo May 3, 1994 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers —City Code requi . s that plumbing contractors be licensed on at least an annual basis. Enclosed on page is a list of the contractors whose applications are in order for Council consideration at 's time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. AL'S MASTER PLBG INC 2. COKLEY PLBG 3. EGAN & SONS CO 4. FIRST CHOICE PLBG INC 5. POLAR PLBG 6. WOODBURY MECHANICAL INC For May 3, 1994 City Council Meeting Agenda Information Memo May 3, 1994 City Council Meeting LEGAL SERVICE PROVIDER SELECTION C. Selection, Legal Service Providers, City Attorney, Prosecution, Labor and Bond Counsel - -At its meeting of March 15, 1994, the City Council authorized staff to distribute Requests for Proposal for the four categories of legal service noted above. Proposals were received on April 4. The applications were screened and staff interviews with proposers were held on April 11. Staff selected a short list of City Attorney applicants for review by the City Council. Those interviews occurred on Thursday evening, April 28. Following those interviews, the City Council will have identified a firm to be considered for the City Attorney's position. In addition, staff is recommending that the firm of Grannis, Grannis, Hauge, Eide, Anderson & Keller be retained for prosecution services, that the firm of Ratwik & Roszak be retained for labor and employment counsel and that Faegre & Benson be retained for bond counsel. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the selection of Grannis, Grannis, Hauge, Eide, Anderson & Keller for prosecution, Ratwik & Roszak for labor, Faegre & Benson for bond counsel and a firm to be named as City Attorney. S� Agenda Information Memo May 3, 1994 City Council Meeting MCKEE ADDITION/PART 150 SOUND INSULATION PROGRAM D. Reconsideration, Application of Metropolitan Airports Commission Part 150 Sound Insulation Program, McKee Addition --At its meeting of April 19, 1994, the City Council considered the extension of the Part 150 Program to the areas which have recently been added to the eligible contour in the City of Eagan. This matter had previously been reviewed by the Airport Relations Committee and a recommendation was provided to the City Council following meetings with the public in its regard. At the April 19 meeting, the Council determined to move forward with sound insulation for the newly eligible homes with the exception that staff was directed to discuss the potential of the McKee Addition with the Metropolitan Airports Commission staff prior to moving forward with sound insulation in that area. Following additional input relative to the neighborhood's interests in this regard, a reconsideration of that action has been requested to be placed on the agenda. Enclosed on pages 7 through .f is a staff memorandum covering the results of a survey distributed in the neighborhood relative to program options. As the City Council appeared to be settled on the criteria of selection for homes within the eligible area, the issue before the Council is whether to continue staff review of a buy -out option for the McKee Addition or to discontinue any exploration of that option and proceed with McKee Addition homes as they become eligible under the existing selection criteria. ACTION TO BE CONSIDERED ON THIS ITEM: To include the McKee Addition in the Part 150 Sound Insulation Program subject to the previously approved criteria of selection. MEMO _. city of eagan TO: COUNCILMEMBER AWADA CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: APRIL 26, 1994 SUBJECT: MCKEE SURVEY TABULATION Ted Sterrenberg of the McKee Addition returned 84 survey forms yesterday from McKee residents concerning the Part 150 options for their neighborhood. Two additional forms and a phone call received since Mr. Sterrenberg's visit are included in the tabulation. The survey and cover information had been prepared by Councilmember Awada. The forms have been retained if anyone wishes to review the originals. A tabulation of the questionnaire responses indicates the following: 1. Would you prefer to be insulated or bought out if both options could be accomplished within five years? 72 Insulate 14 Buy -out 1 No Answer Would you prefer to be insulated now or bought out if a buy -out was not feasible for 12+ years? 77 Insulate 1 Buy -out 9 No Answer As with the original survey of residents, respondents shifted away from buy -out and toward insulation as the time difference between them was considered. Mr. Sterrenberg hand- collected the survey results. The potential difference between these results and those of the original survey may result from different sample groups, the original survey went to twenty homeowners not in the McKee Addition. Neighborhood discussion since the issue was raised may also have accounted for some residents conforming with their neighbors. If the Council wishes to reconsider this item, it can be placed on next Tuesday's agenda. For the sake of simplicity, l would suspect that the criteria of selection for the order of homes to be done would not change. The only issue would be whether to continue further research into the buy -out option or to add McKee to the areas eligible for insulation funding in 1994. Please let me know if you need additional information. Askant to the City Administrator 4 Agenda Information Memo May 3, 1994 City Council Meeting ARC RECOMMENDATION/RUNWAY 4/22 EXTENSION E. Recommendation, Airport Relations Committee Opposition to Runway 4/22 Extension- - At its meeting of April 12, 1994, the Airport Relations Committee considered additional information provided by the City of Richfield relative to the revised draft EIS for the Runway 4/22 extension project. As a consequence of the information shared by Richfield, the Airport Relations Committee is recommending that the City strongly oppose the extension of the 4/22 runway. In the past, the City has opposed the extension to avoid expenditures for capital at the airport until the dual track airport planning process is completed and that any extension not include additional flight tracks which would affect southwest Eagan. The City of Richfield's analysis indicates that the runway extension would not permit the level of traffic indicated in the EIS due to taxiway conflicts and other issues. One of the most significant opportunities arising out of the proposal would be a flight configuration not currently available at the airport where aircraft would land over South Minneapolis and depart to the southwest. Because no traffic would be competing with these operations to the southeast, the FAA has indicated that they would use a fan from the Runway 4/22 centerline to Interstate 494 to spread this traffic. As a consequence, the Committee indicated strongly that the City should oppose this extension. For additional information relative to this item, please refer to the Airport Noise Report article on pages �Q trough / 1, a summary of the Richfield report which is found on pages � through (4 outlining all of the issues and challenges associated with the extension, a copy of a portion of the FAA corresponde where the reference to any runway configuration is bracketed on pages a throu hand a map depicting the area of new overflights from that configuration on page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Airport Relations Committee recommendation that the City strongly oppose the extension of Runway 4/22 because of its excessive cost of $50 million, its limited benefit to shift traffic and noise impact and the potential of substantial increase of traffic over the entire City of Eagan. 28 Airport Noise Reel Minneapolis -St. Paul Intl RICHFIELD CRITICIZES RDEIS • ON RUNWAY EXTENSION PROJECT The City of Richfield, W. recently filed comments • critical of a Revised Draft Environmental Impact Statement co a project to extend a cross -wind runway at Minneapolis- St Paul International Airport to more equitably distribute aircraft noise. The purpose of the noway extension is to reduce the noise impact northwest of the airport, off the two main parallel ttmways. The Metropolitan Airport: Commission, the Federal Aviation Administration, and the Minnesota Department of Transportation contend that extending the 11.256-foot cross -wind runway will allow most aircraft to use it and facilitate the redistribution of noise. But, attorneys for the City of Richfield asserted that the airpon has used 'unrealistic and unsupported" assumptions about the Meat to which the extended runway could be used in the fashion contemplated. The city claims that operational and airport design constraints would severely impair the capacity of the extended runway and that It would be used leis than contemplated or its use would result in ground delays. The inflated capacity assumed in the DEIS undermined the environmental analysis and justification for the project, according to James Prosser, Richfield City Manager, and Steven Pfanm of the Chicago law firm McDermott, Rill & Emory. which represents the city. They contend that, if the runway is used less than ex- pected, then the "true environmental consequences of the project would be vastly different from those projected." They also tarincized the Revised DEIS for not directly addressing Richfield's criticisms of the original document, which were submitted in July 1992. At that point Richfield filed extensive comments asserting that the document failed to comply with the National Environmental Policy Act. and that it violated the Airport and Airway Improvement Act, Section 40j of the Department of importation Act. and the National Historic Preservation Act. The city also asserted that the RDEIS failed to include a sufficiently long -term analysis of the runway extension's anise impacts. The environmental document only looks at seise impact until the year 1996, but Prosser and Mum sued that environmental impact statements for runway extensions and new runways routinely include an analysis of seise impacs based on a 10 -year or longer planning period. Even the DEIS for the project included an analysis until the yam 2000. Without such a long -term noise analysis. there is n o evidence to support the airport's conclusion that he project will have a long -team benefit in tams remove equitably distributing noise impacts, they said. Looking at noise Impacts only until 1996 "obscures bout the impacts and the efficacy of the project," they argued. "reshape this point is best illustrated by the five-year. 522.5 million roue mitigation program described in the RDEIS. How can MAC and the FAA decide to spend that kind of money on mitigation without bowing what the noise environment will be like when the mitigation program is fully implemented? In other words, why spend millions of dollar: mitigating noise impacts southwest of the airport if 7 by the'dme the mitigation is completed in 1999, increased flight levels will have sharply reduced the ability of the runway extension project to direct departures to the south - west?' They asserted the runway project "is an idea whose time has come - and gone," sting that the price tag has tripled in the two years since the DEIS was released and is now estimated at 550 million "If the project ever had merit, and that is doubtful, it is clearly ill-conceived now that existing and projected operational levels at MSP will preclude attainment of the project's primary stated objective of facilitating increased departures on Runway 22." "The stubborn refusal of the RDEIS to consider in its environmental analyses the various stumbling blocks to the proposed use of Runway 22 for departures undermines the validity of the entire document. More fundamentally, that Lek of candor obscures the folly of spending SSO million on a project that will never wont as claimed. Rather than wasting public funds in that fashion, including more than 520 million on mitigation for an area that my not require .mitigation by the Dime the mitigation program is completed, it would be tar more sensible and efficacious for MAC to use the entire 550 million to mitigate areas northwest of the airport," they said. Clear Answers Sought Prosser told ANR that Richfield wants to avoid litigation, if possible, but wlD move ahead if it must. He said the city bas had a good working relationship with the airport, but disagrees with it on this project We don't bow what the real impact of the project will be," be said, adding that it will vary in different parts of the city. He said the city would like clear answers on bow much the caross -wind runway will be used and what the noise impact will be. Prosser also said the 522 million earmarked for noise mitigation in Richfield and neighboring Bloomington, which will be bit more severely by noise, is insufficient Each city has estimated noise mitigation costs at 5S0 million he said. Richfield wants noise mitigation that includes sound insulation, acquisition, and reloadon of a Park- The City of Richfield also contended that it has been denied a "meaningful opportunity" to comment on the revised DEIS because it was not given additional time to comment on the document or m interview key FAA personnel or the consultants who biped prepare the DEIS. and because MAC failed to produce all the documents requested by the city. The failure of the FAA and MOOT to grant an exten- sion tslnforces the already prevalent impression that the runway extension is a 'done deal' and that the FAA and Almon Wm boon 1041- t31it911$0.l0 0 c February 28,1994 MnDOT merely view the NEPA process u a papa shuffle designed to document their prior decision to approve the project," Richfield sand The FAA and MAC'S insistence that Richfield submit its comment on the Monday following the New Year holiday weekend " appears arrogant at best and punitive at worst," the city said. ?bird Qldcago Abport STATE TRANSIT OFFICIAL SAYS NEW AIRPORT NEEDED fflino s Secretary of Transportation Kirk Brawn told the )Northeastern Illinois Planning Commission Feb. 17 that a third Chicago-area airport is needed despite the financial l ips and downs of the airline industry. Brown and Ill. Oov. Jim Edgar support a new airport site it Peotoae, IL, located in the suburbs south of Chicago, however, that location is opposed by Chicago Mayor Richard Daley. Daley pushed for a new airport at Lake Calumet on Chicago's South Side, but that plan, which would have involved a major environmental clean -up, fell through in 1992. Daley now contends that a new runway at O'Hare International Airport can handle the additional air traffic expected in the Chicago area. No airline has yet voiced support for the proposed 81.8 billion Proton site. Brown told the planning commissioners that be is bopefW that the airlines will eventually support the she, and said it will not be built without airline support.. $town noted that the airlines are beginning to recover from from the financial losses incurred between 1989 and 1992. The Clinton Administration last December denied Oov. Edgar's request for S2 million pant to conduct planning studies for the Parton she. The administration, reneging on a Bush Administration pledge of the finding, said that greater regional consensus between the states of Illinois and Indians and the City of Chicago was needed on the location cla new airport she before it would fund any pig anew . Local prey repons note that Mayor Daley, a Democrat. sway hove persuaded the Clinton Administration to reae`e ao the planning grant, and that Daley may be maneuvering se negodate a deal in which he supports a new airport is sedans* for state approval for floating casinos. la mid - January Oov. Edgar earmarked S2 million in Bute funds to begin the planning study process for a new airport The dx -month study will examine six potential sites for the new airport and the option of building no new airport fce the An additional S4 million would be needed for the second phase of the planning study. That funding is not expected to be a problem, ANR was toldd Airport Noise Raison 7 1041431il9U40 AO 29 IN BRIEF ... EIS on EECP The FAA plans to issue its final Environmental Impact Statement on revised air route changes made over New Jersey under its Expanded East Coast Plan by the third or fourth week in March. New Jersey communities want the FAA to revise the air routes to funnel more air traffic over the Atlantic Ocean to reduce noise over New Jersey communities. The plan would mean that aircraft departing New Jersey would pass over New York airspace, increasing congestion and limiting options for reducing existing noise problems over Queens and Long Island. Queens Borough President Claire Shulman led the New York congressional delegation in submitting a letter of protest to Secretary of Transportation Federico Pena over the plan. Fleet Mix Reports - Feb. 13 was the date by which airlines had to submit their annual reports to the FAA documenting their progress in converting their fleets to quieter Stage 3 aircraft The FAA is under no legal deadline for releasing its report on flat compliance and as of Feb. 23 had not received all the airline data yet. The agency would not speculate an when its report would be released. Burbank Petition Dented A California appeals court Feb. 24 denied a petition filed by the Burbank- Glendale - Pasadena Airport Authority seeking an immediate stay of enforcement of a superior court judge's ruling finding the Environmental Impact Report an a new terminal project inadequate. The ruling bars the airport from taking any action to approve or implement the proposed project, including acquiring land and approving increases in airport operations that could lead to signficant increases in air or water pollution. Richard Simon, of the Los Angeles law firm McDermott. Will & Emery, which represents the airport, said he was disappointed with the court's action and felt that the lower count ruling had set a bad precedent in terms of prowess under California's Environmental Quality Act He said the airport plans to revise its EUt, as requested by the court, and that should be done before its motion appealing the ruling is hand. EA for Atlantic qty Int'I On Feb. 3, the FAA announced its intent to prepare an Environmental Assessment on various alternatives for development at the Atlantic Qty International Airport. The South Jersey Transportation Authority will act as joint lead agency on the aaessmant. Runway 4.22 issues 1.) Groundside congestion: • where do following aircraft wait when taxiway Q is full. • how do they interact with arrivals taxiing to the pate. 2.) Runwgv 22 & T'ariwav Q proximity: *standard is 400 ft minimum between centerlines. • project spacing is 199 ft, must vacate taxiway to depart r/w 22 ftd1 length. 3.)R_w_y2. aa... project estimates up to 4S departures per hour may use mid-field r/w 22. • such estimates do not allow for departure bubbles. I.) Runwgy 22 departure rates based on extreme wind criteria • project cites FAA Order authorizing 20 knot crosswind, 7 knot tailwind. • actual operations will be significantly less. S.) Runway 22 extension wjf create an additional operating configuration. • landings on runways !1L & 11R, departures from mid -field runway 22. • increased traffic, frequency of use, noise impacts, tracks, not evaluated. t) Mid -field takeoffs must be held for • all 29L arrivals that decline to hold short. • all r/w 29L arrivals recrossing r/w 22 on taziback to the gate. • all heavy jet arrivals on r/w 29L, & recrossing r/w 22 on taxiback to gate. • all r/w 29R operations if heavy jet is departing r/w 22 mid - field.. • all t/w E crossings must be held for departing jets from mid -field r/w 22. • • all r/w 29R arrivals crossing r/w 22 midfield to gates on south side. 7.) $eavyjet operations encounter problems due to minimum spacing used in projeeL • t/w Q is restricted to B7S7 & smaller, aircraft design group W. • no room exists on t/ws for heavies to bold for mid-fleld r/w 22 departures. • assumption is made that only 2.3 heavies per day will need full r/w 22. lJ No consideration is riven to operational eon plexity, • project Is unique in that it is predicated on restricting operations both behind and in front of the departing aircraft in a high volume environment .1! • "present airport capacity /acceptance rate will be increased." • "arrival/departure delays will be reduced." • "a reasonable savings in fud consumption will result" Order 7210.3 CITY OF RICHFIELD'S ANALYSIS OF t z f .F , v$ THE PROPOSED EXTENSION OF RUNWAY 4.22 A`T MN1' EAPOLIS . S'T. PAVL INTERrv�TION L PORT �� - ) ZZ T: cic Extend Runway 4.22 to the southwest by Z750 feet. Construct queuing taxiway for departures on Runway 22. Provide sound insulation for homes. impacted by increased operations on Runway 22. Utilise extended runway up to 8 hours per day with operational mode involving departures to the southwest on Runway 22 and arrivals to the west on Runways 29L & 29R, with arrivals on 29L holding short of (Le,. not crossing) Runway 22. Departures on Runway 22 are to begin takeoff roll from release point southwest of intersection with Runway 11L29R. Thus, departures from Runway 22 are to be independent of arrivals on Runways 29L & 29R. • • Cost of project: S50 million L NATURE OF PROJECT Ti. ASSERTED RATIONALE FOR PROJECT primary purpose: to shift noise from areas northwest of airport to areas southwest of airport • Secondary purpose: to provide a longer runway for long -haul intercontinental flights III. SUMMARY OF RICHFIELD'S FINDINGS I. The extended runway will not operate in the fashion represented by project proponents. The following factors will combine to limit the use of the extended runway to a small fraction of the 8 hours per day claimed by proponents: Weather conditions alone will reduce use of the proposed mode of operations by approximately two - thirds. Winds permit departures on Runway 22 when there are arrivals on Runways 291. & 29R only 27 to 35 percent of the time. Pilots will frequently not accept bold short restricdons for arrivals on Runway 29L The FAA estimates that, even without a tail wind and with thy and clear conditions :fully 20 percent of all arrivals on Runway 29L will not accept the bold short restriction. Moreover, Northwest Airlines has advised MAC that they will not 1 �T u r aber ` o- . ..It' .Ressdenti o sed . =3o int e�1a �z cest` -.996: , _... :..:..: •: 1 • � : ::wl R : :. %: if � F . xt :' � °� : ...... • ::: » le y '399x' ..R _ .•_s -I� ....•. ..................• r ..1 . .." 1 : • : Jai :� •�::..G . /..••»...... •.• «•F .. »• : : : :...:: • YI .. :...: : : : : :� "•• : N ...•.‘•:.: . .. .. ,, ...•.. i i ; j :' AN' • ;:.; - 0 ::, ,... 7 .... • vp5 c.- . .q r.: at tit •, :i :. Abov e ... • • • . e.'� , ' „ ,PNL : ';4; ...,. : :• � • � • :.. ;.. , , :�Wv�• •,�; 1 : ' :' :� ; . . * mot l •� : X65 Dr'L Minneapolis 12,390 12.390 � 4.300 1 16.690 14,360 5,890 I si 20,250 Northern portion of Richfield 1.560 t 760 2.320 1.680 ! 1,050' 1 t _ 2,730 Southern Portion of Richfield 2,130 I 730 l 2,860 01 0 i 0 Bloomington _ 4,1401 530 I 4 0 + 30 • 4,180 560 0 S 7501 0 30+ • 140: 0 580 890 Eagan • Mendota Heilthts 660 ± 140 ! $00 TOTAL 21410 6,000 I 27,410 17,340 7 ,110 24,450 accept hold short restrictions at night Arrivals that do not accept the `old short restriction will slow the rate of departures on Runvnty 22, thereby reducing the capacity of the proposed mode of :rations. The lower the capacity of that operational mode, the less frequently it can be utilized • Departures by jumbo jets like the DC -10 and B-747 will totally disrupt the proposed mode of operations. Jumbo jets will begin their takeoff roll from the north end of Runway 22, rather than the mid - runway release point. Due to the proximity of the queuing taxiway to Runway 22, that taxiway will have to be vacated before the jumbo jets can depart. This, in turn, will exacerbate the already severe congestion near the west end of the passenger terminal and delay the departures of other aircraft waiting to depart. These consequences will further reduce the amount of time that the proposed operational mode can be ut0ized. The runway extension is intended to shift, not reduce, noise in areas near /ASP. In truth, If the project works as represented it will increase the noise impacts near the airport. The following information from the Revised Draft EIS reveals that the proposed extension would increase the total number of people exposed to noise levels in excess of 65 DNL (the Ievel above which noise levels are considered incompatible with residential use): N• � "•• • ;,, N•Y. N . ..✓ - . " = 3VL 1vl B F.it' O F ' iIGHLY ►NNOYED . PEOPLE . �IAR,ISDICTION *:"::..1.1.:":11..t.."''' " • .. dg2. cis ng : �.... , +": ; ,� • ' • -..fl'!- . ,9... 96�rv l tb wy"e4:�� � •• �.. ensAon . ..4e f . i' < ..... .. EXteASIOA • Minneapolis 4990 • 3300 4091 N. Richfield 801 484 601 S. Richfield 146 558 0 Ft Snelling 5 0 0 Bloomington • 43 692 0 Mendota Heights 2?A 149 163 Eagan 111 96 99 TOTAL 6320 5279 4954 Scientists have discovered a correlation between airport noise and the percentage of people who are highly annoyed by the noise envfronment. The following table reveals that, if the proposed project works in the manner represented by project proponents, it will increase the number of highly annoyed people. 3. There is no reason to believe that the project will increase the level of Long -haul intercontinental operations from MSP. The noise analysis contained in the Revised Draft EIS assumes that there w01 be no more such flights with the extended runway than there would be without the extended runway. 4. Proponents of extending Runway 4.22 have acknowledged that the project is merely a short -term measure. The anticipated future increase in operations at MSP will reduce the amount of time that the proposed mode of operations can be utilized. The Original Draft EIS for the project stated: "?'he proposed eversion of Runway 4.22 is confided a . short-term noise abatement improvement, which is needed immediately to provide some reduction of the aircraft noise In the most heavily impacted areas to the northwest of the airport, and to better distribute that noise.... As hourly operations inmate at MSP, tits number of hours Runway 4.22 can be used er day decrease:. Draft EIS at 20.21 (emphasis added /6 >4' IV. CONCLUSION The proposed extension of Runway 4.22 is a SSO million boondoggle that will not work in the manner domed by its proponents. If it did work, it would imply increase the noise impacts associated with operations with MSP. Moreover, most of the purported benefits from this SSO million project would disappear as flight levels at MSP increased. Under these dre nnstaaces, the proposed runway extension should be abandoned now, before tens of millions of dollars in public funds arc wasted on this ill- conceived project glit SWONUSOoounr►.00a /o NSDKair Ara entrepontMbn federal Aviation AdministroNon March 23, 1993 Mr. Bill ill Wilikie Alexandria, Virginia 22312 -1931 Dear Mt. Willkie. Airport Traffic Control Tower 8311 34th Avenue South Minneapolis, Minnesota SSW The following responses have been prepared as a result of the discussion and meeting of January 21, 1993, with MAC, RNTO, Minneapolis Airports District Office, and Minneapolis Air Traffic Control Tower. We have been advised by HWA that their pilots will not use SOU at night. This may change some of the Information provided. if you have any questions regarding these responses please contact Tom Petersen at 812 - 725.4239. Sincerely, .Z ruce S. Wagoner Air Traffic Mane inciosures i. 2 Operational Criteria Per Runway Use Programs, dated November 9, 2981. The crosswind component for any runway cannot be greater than 20 knots at 99' degrees and thi tailwind component cannot be greater than 7 knots. • 4. Non-RUC and IPM use assumptions are as follows' PAA Orders 7310.15 and 7210.3 smite that Simultaneous Operations On Intersecting Runways (SOU) are conducted on dry runways and • there are no reports that braking action is less that good, conducted In VPR conditions and that there is no tailwind component for aircraft instructed to hold short of an Intersecting runway. • Pilot concurrence with the ATC clearance to bold short of a departure /arrival runway is needed in order to conduct any SOIR operation. A pilot's rofuse3 to hold short of !runway 22 for departure traffic impacts the efficient use of the runway for departures, thus lowering the number of departure slots available and could result in a parallel operatio.'t sooner than warranted by traffic volume. As an example, if the pilot of an aircraft lan0.nq Runway 29L does not accept the clearance to hold short of Pu way 22 for departing traffic, the controller can of release the Runway 22 departure until the landing aircraft either rolls through the Runwsy 22 intersection or turns off Runway 29L short of Runway 22. Northwest Airlines has often refused to accept an SOIR operation at night. As • consequence, the loss of departure dots often results in a parallel operation sooner than the traffic demand dictates. Additionally, when utilising any cross runway operation not requiring an aircraft to land and hold short of a runway the visibility must be greater than one mile. ALT1Id1ATIVI t Issues. 2. The primary departure heading issued to aircraft are listed in the table under ALTg 4ATIVS A Issues. MISR PLIOST TRACK ALTSRMATSViS Issues. 1. A copy of the Memorandum sent to the Minneapolis Airports District Office it enclosed with this letter. 2. if Ruiswsy 2= is extended as proposed an additional operating Configuration will become available at MSP. The extended runway would allow for landings en Runways 1IL /R and departures oft of Runway 22 from the proposed Queuing Taxiway. In the land 1l's depart 22 configuration there is an interdependency only between the Runway 22 and Runway 11R intersection. Departures from Runway 22 would be required to roll through the Runway 11R intersection between arrivals. A similar situation exists today when landing Runway e4 and departing Runway 11L /R. The land 11's 1 1 1 1 1 1 1 1 1 1 1 1 10 . • . ri • • • • v depart 22 scenario could be best utili =0d during peak arrival periods to maximise the use of the parallels for landing aircraft. As the departure demand increases, a switch to a 'Straight parallel operation or a combination of departures off $unway 22 and Runways 11L /R would be used to accommodate departures off MBP. Departure headings off of Runway 22 could potentially Wand tram 220 degrees count•rclockviss to 990' degrees. S. Ths operating scenario for landing Runways 29L /R and departing Runway 22 during periods of high departure and low inbound demand for either ALTURNATZVS A or 0 would be a Combination of departing Runway 22 and departing Runway 29R and /or 29L simultaneously. This Combination of runway use would not only expedits departures off M$P but also has the potential benefit of lowering the number of departures over Minneapolis. Once the departure demand has diminished, the use of Runway 29R and /or 29L for additional departure capacity would not be needed and a true 29/22 configuration would be reinstituted. RUNWAY 22 SID hum. 1. A Departure SID oft Runway 22 using a single departure track could be used in either the Build or No -Build scenarios. However, due to the capacity limiting nature of the single track, the BID would not be used if more than one aircraft was ready to _ depart. So luild takeoff Landing Arrival Runway Runway Push 22 29L /R 94 Arr•20 or es Arr•10 or sa Dep-21 or Less Dep-46 or Less rr s2I or Dep w46 at • RUB Mods Assumptions Arr•60 or Less Arr•20 or Less top-19 or Less top-26 or Less sic 26 or ss • Departure Factor Driving to Parallel Cps. Push Mors than 39 Dep per tour ep•20 or Less Arr ► 0 or Dep .20 • i agiardcik, in[4:11oriiie) 4 \ —v —_— l,., — .I - `, . —uaaa NE ali 1 •.1! 'lust{ ob. .._ .• itJ — �rv __ Num • i.•{!l�+ - -ii . t .• Q — ..— � • 1. . - — • • • I A � i.r — - -- r— —{', •u. —► d . •• 1- - -r —� —t. Ni b_ /— J,- --- {— - o. C OVEN.— II , a< All —• imam r —u �— MI-- — p re .,....... r - 4 -this t... — :� —v ` !-1 � d — �� , s r -- -11.. �\{ /...... - -. •• -- 11 11151 II �� —� -a . ..5 1 _a•a. _ . 111 , {— .∎__ Lk:. - �J_ E1•11 IM • !Z 5fii1111 ■ling i■ LAD MEM —YY —�� .'- wWelwr. 10000• • = • � 7 -- '► 8aeorenno i t -- "a a - --� — �tN een.nvw+ee10995n 10000 AMA. III•UILPUIV "WI" 1./%1Wd - -W a - - - .. � �ca06.R7V4 MI MI W - - -r k & 0•.1000010000. nR, Ns Ns — fY• BIWA VS{V A. ... .NI 100 III —+c.+ =al Mil --I. � C —_. —, `der msat w '� —W-- olww. i— Wie• M 'O0 i— \ R.L roe oo -- � - -- a - -. —� .. , Imo Illim. 'AN WV — ■•Q— NM IN- - n �-�iVf1► •••• .Is - - - ---o MN ___ u—•=1 —sue_ �••a O rfsa— ca -c 1.1 � •. — _ - _ ,- f .1 rt:;. Agenda Information Memo May 3, 1994 City Council Meeting SOLID WASTE ABATEMENT COMMISSION/ PHONE BOOK RECYCLING RECOMMENDATION F. Recommendation, Solid Waste Abatement Commission, Position on U.S. West Phone Book Recycling Program--At its meeting of April 14, 1994, the Solid Waste Abatement Commission reviewed information relative to the position by U.S. West to dramatically decrease its phone book recycling activity with the distribution of its most recent phone book. The Committee is recommending that correspondence be prepared and the City adopt an official position urging U.S. West to accept full responsibility for the proper collection and recycling of the phone book materials they distribute within the community. For additional info ation relative this item, please refer to the staff report which is enclosed on pages rough ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Solid Waste Abatement Commission urging U.S. West's responsibility for a comprehensive phone book recycling program. MUNICIPAL CENTER 3630 PILOT KNOB ROAD EAGAN. MINNESOTA 551224$97 PHONE: (612) 641.4600 FAX: (612) 641.612 TDD: (612) 454.5555 city of ecigcin April 14, 1994 Janet Henry U.S.West Direct P.O. Box 29130 Minneapolis. MN 55429 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE Ctty Clerk Dear Ms Henry: At its February and March meetings, the City of Eagan's Solid Waste Abatement Commission discussed the current status of phonebook recycling in the metropolitan area. The Commission is concemed about the changes in the process that U.S. West has established for the recyding of telephone directories. M previous years, the company aggressively marketed a series of drop -off locations and took responsibility for marketing the recycled materials. The collection this year seems to be dependent on a curbside collection by refuse haulers. The problem with this system is that the haulers, for a number of reasons, have not agreed to fadlitate this process. U.S. West has however Ignored this fact, and therefore is administering what the Commission believes to be a very weak collection program. It Is the Commission's feeling that the program that has been established in conjunction with CUB Food Stores Is a good one. The metropolitan community seemed to be responding well, and the repetitiveness of the process for a number of years has helped to build parddpadon. U.S. West has now dedded to scale back on that program, has provided limited notlflcatlon and assistance to CUB Food sites, and has not found a viable replacement option. This leaves residents without convenient disposal options, and places the burden on dtles and local recyding programs. The Minnesota Legislature has mandated that an organization that creates phonebooks and other publications of this type be responsible for the recycling of those materials. In our estimation, U.S. West does not seem to be fulfilling its obligation. The Commission feels it to be imperative that the company accept this responsibility. HE L THE SYMBOL OF STREN ONE AND OAKTREE GRROWTH IN OUR COMMUNITY Equal Opporhm �� tty /A ittbn Employer MAINTENANCE FACIUTY 5601 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612)661.4500 FAX: (612)641 -4560 TDD: (612)4544555 MEMO city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS /RECYCLING COORDINATOR DATE: APRIL 28, 1994 SUBJECT: EAGAN SOUD WASTE ABATEMENT COMMISSION CORRESPONDENCE WITH US. WEST DIRECT, REGARDING TELEPHONE BOOK RECYCLING. At its March and April meetings, the members of the Eagan Solid Waste Abatement Commission discussed their disappointment with the telephone directory collectlon program implemented by U.S. West Direct. I have enclosed a copy of a letter I have prepared at the Commission's request, which is to be sent to Janet Henry of U.S. West Direct. Ms. Henry is in charge of coordinating the telephone book collectlon process. The Commission would like to receive approval from the City Councl to forward copies of this letter to Local Solid Waste staff members within Dakota County, the Dakota County Environmental Management Staff, the Dakota County Solid Waste Management Advisory Commission, Dakota County Board of Commissioners, the Minnesota Office of Waste Management, the Minnesota Legislative Commission on Waste Management and our State Representatives. The Commission believes that this is an issue of concern for many communities, Including Eagan, and. that US. West Direct is not fulfilling its duty under the State mandate requiring telephone directory producers to administer recycling programs for collection and processing of directories. Eagan struggles three times per year in this process since Minneapolis, St. Paul and local Burnsville, Eagan Apple Valley directories are each delivered within the City. The Commission would like to bring attentlon to the U.S. West Direct program which they believe is actually making telephone book collection and recycling more difficult for residents rather than easier. twill be present at the May 3rd City Councti Meetlng if there are questions that I might answer. �eZ In referance to the telephone conversation you and 1 had regarding the roll-off the City of Eagan has supplied for collection of our Qty of Eagan telephone directories, I will have Aagard environmental send you the invoice for one of two pick -ups as we agreed. As we discussed, the majority of the two roll-offloads are U.S. West directories, rather than our City of Eagan books, and 1 appredate your offer to help in defraying some of the cost for collection. The Commission and 1 would be available for a dialogue in regard to any of the issues we have addressed. We would appredate your attention and response to this matter. We believe great strides have been made to support alternative disposal methods for a variety of materials. It is Important that we not reverse any of the progress that has been made. Sincerely, Joanna L. Foote Communications and Recyding Coordinator, City of Eagan Agenda Information Memo May 3, 1994 City Council Meeting PUBLIC AUCTION /CITY SURPLUS PROPERTY G. Set June 4, 1994, as Date for Public Auction Surplus Property -- Enclosed on pag is a memorandum from the Finance Department relative to the proposed City public auction to be held on Saturday, June 4, 1994, at 10:00 a.m. at the Eagan Maintenance Facility, 3501 Coachman Road. A proposed surplus property list will be submitted to the City Council at its next regular meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To set June 4, 1994, as the date for the public auction of City surplus property as presented. April 25, 1994 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: CITY OF EAGAN PUBLIC AUCTION DATE - JUNE 4, 1994 Please set Saturday, June 4, 1994, as the date for the City auction. This year the auction will be held at Central Maintenance, 3501 Coachman Point, starting at 10:00 a.m. Departments are checking through their equipment to see if any should be declared surplus. The Police Department has identified bicycles and unclaimed property to be in- cluded in the auction. The list of surplus and unclaimed property will be submitted to the Council for the May 18 meeting. aC Agenda Information Memo May 3, 1994, City Council Meeting APPROVE PLANS /AUTHORIZE AD FOR BIDS (WILDERNESS RUN 1ST - 4TH ADDNS) H. Contract 94-06, Approve Plans /Authorize Ad For Bids (Wilderness Run 1 - 4 Additions - Street Rehabilitation) - -On February. 15, 1994, the City Council held a public hearing for the proposed rehabilitation of the streets within the Wilderness Run - 4th Additions. As a result of that public hearing, the project was approved and staff was authorized to prepare detailed plans and specifications which have now been completed and are being presented to the Council for their consideration of authorizing the solicitation of competitive bids. The benefit appraisal process is nearly complete and the results will be made available prior to Council's receipt of bids and award of contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 94 -06 (Wilderness Run 1st - 4th Additions - Street Rehabilitation) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on May 27, 1994, at 10:30 a.m. APPROVE PLANS /AUTHORIZE AD FOR BIDS (ENGLERT ROAD - ST & UTILITIES) 1. Contract 94 -04, Approve Plans /Authorize Ad For Bids (Englert Road - Street & Utilities) - -On February 15, a public hearing was held to consider the installation of streets and utilities along Englert Road to service the proposed Pondview Addition. As a result of that public hearing, the project was approved and Council authorized the preparation of detailed plans and specifications which have now been completed and are being presented to the Council for their consideration of authorizing solicitation of competitive bids. It is projected that the final plat approval and all right-of-way acquisition will be completed prior to Council's consideration of awarding a contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 94-04 ( Englert Road - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., June 3, 1994. C217 Agenda Information Memo May 3, 1994 City Council Meeting CONTINUE REZONING /MARELL INC, J. Continue Rezoning, Marell Inc., of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R -1 (Single Family) located along the south side of Lone Oak Road, north of Highway 55 in the NE 1/4 of Section 12 At the City Council meeting of April 19, 1994, the Rezoning for Marell, Inc. was continued to May 3 in order to give the City Attorney an opportunity to respond to some of the legal issues that were raised. At this time, we need to develop some additional information in order to respond fully to the Council's request. We are, therefore, suggesting that this item be continued further to the meeting of May 18, 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the Rezoning for Marell, Inc. of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R -1 (Single Family) located along the south side of Lone Oak Road north of Highway 55 in the NE Quarter of Section 12. a13' Agenda Information Memo May 3, 1994 City Council Meeting SPECIAL USE PERMIT /MARVIN SMITH & SONS, INC. K. Special Use Permit, Marvin Smith & Sons, Inc. to allow a temporary tent sale, located at Lot 2, Block 1, Gopher Eagan Industrial Park Second Addition, in S 1/2 of Section 12—Marvin Smith & Sons is requesting a Special Use Permit to allow an outdoor tent sale June 15 -18, 1994 in Gopher Ea n Industrial Park Second Addition. The staff report on this item is attached on pages through 3 ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Special Use Permit subject to the conditions set forth in the staff report. a24 REPORT DATE: April 25, 1994 CASE #: 12- SP- 5 -4 -94 APPLICANT: Marvin Smith & Son, Inc. HEARING DATE: May 3, 1994 PROPERTY OWNER Scott J. Smith PREPARED BY: MIKE RIDLEY REQUEST: Special Use Permit LOCATION: 3380 Highway 149 South (SE 1/4 Sect. 12) COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development ,SUMMARY OF REQUEST The applicant is requesting a Special Use Permit to allow an outdoor "tent sale" June 15 -18, 1994, on the south side of the existing building located on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition (PID #10- 30601- 020 -01). BACKGROUND The applicant requested a special use permit and was granted approval Iiy the City Council for this same event at the same location the past two years. Staff is not aware of any problems associated with these past events. The proposed event will be the 3rd Annual Tent Sale and will include the erection of a 20'X 50' tent to be located on the driveway on the south side of the Marvin Smith & Son building. Parking for the event will be provided on the north side of the building. The applicant is proposing to set up the tent a week early to air it out and floor plan merchandise and will start to disassemble the tent on June 20, 1994. RECOMMENDATION PLANNING REPORT CITY OF EAGAN Staff recommends approval of this Special Use Permit subject to the following conditions: 1. 'This Special Use Permit is temporary and shall valid June 15 -18, 1994. 2. Set -up shall not take place prior to June 8, 1994. 3. The tent shall be removed no later than June 21, 1994. 4. The permit shall be subject to all applicable City policies and ordinances. 5. The outdoor sales will be restricted to the same hours as Smitty's Outlet Store. 31 3a 47 .r Agenda Information Memo May 3, 1994 City Council Meeting ACCEPT COMMERCIAL LAND USE STUDY INTERIM REPORT: WORKING POLICIES L. Accept Commercial Land Use Study, Interim Report:Working Policies, for use in evaluating. Land Use Plan map amendments in the interim prior to final completion of the overall Commercial Land Use Plan Amendment—At its meeting of April 26, 1994, the Advisory Planning Commission took action to adopt the enclosed Commercial Land Use Study, Interim Report:Working Policies for use in evaluating Land Use Plan Amendments in the interim prior to final completion of the overall Commercial Land Use Plan Amendment. The Commission is forwarding this for acceptance by the City Council as a working document to be further developed i to the complete Commercial Land Use Plan Update. Enclosed on pages $ through is a staff report on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the Commercial Land Use Study, Interim Report:Worldng Policies. 3� MEMO city of eagan MEMO TO: RON VORACEK, CHAIR ADVISORY PLANNING COMMISSION MEMBERS THRU: PEGGY REICHERT, COMMUNITY DEVELOPMENT DIRECT FROM: KRISTY MARNIN, SENIOR PLANNER DATE: APRIL 18, 1994 SUBJECT: COMMERCIAL LAND USE STUDY INTERIM REPORT: WORKING POLICIES INTRODUCTION The purpose of this memo is to outline a means for processing interim Land Use Map amendments that have been awaiting the outcome of the Commercial Land Use Study. Essentially, staff wants to obtain concurrence with the conclusions of the reports prepared as part of the study, and with the working policies developed based on these conclusions. These conclusions and policies would then be used for evaluating the pending interim Land Use Map amendments. As such, staff requests adoption of the Interim Report: Working Policies. BACKGROUND Over the past several months, the Community Development Department has been conducting a comprehensive study of commercial land and development in Eagan. Two reports have been completed and presented to the City Council, Advisory Planning Commission and Economic Development Commission thus far In the study --a Background Report and a Commercial Market Analysis. An interim report on the Yankee Doodle Road Corridor /Ring Road Traffic Study has also been completed and presented to the City Council and two Commissions. In addition, Towle Real Estate Company recently released its annual commercial real estate market report for the Twin Cities, which contains pertinent information about the office market. INTERIM ACTION PROPOSED Additional work to be done within the Commercial Land Use Study prior to finalization of an amended Commercial Land Use Plan Element and Map includes completion of the Yankee Doodle Road Corridor /Ring Road Traffic Study, fine- tuning of the commercial (5‘ categories descriptions and policies, and re- mapping of the commercial portions of the Land Use Plan Map. On completion of this work, the amended Commercial Land Use Plan Element and Map would be scheduled for public hearing by the City. Prior to placing the amended element and map into effect, it must be approved by the Metropolitan Council. The Metropolitan Council's review may take up to 90 days, or bnger if Issues arise that need to be resolved prior to approval. During the course of this study, several development applications requesting changes to the existing commercial inventory in the Land Use Plan Map have been submitted. Because the study was currently underway and because these individual requests, if all implemented, could significantly alter the commercial Land Use Plan and policies, the City decided to review all of these applications in the context of the results of the overall Commercial Land Use Study. Although the entire plan amendment has not been completed, staff believes sufficient information has been compiled at this point in the process to provide an adequate basis to evaluate these requests. As the additional work to be completed involves several more months time, staff feels that processing the pending applications for Plan amendments which affect the commercial inventory will meet the concerns of the various applicants for a timely response to their requests, yet not adversely affect the City's ability to finalize the amended Commercial Land Use Plan Element and Map. To maintain the direction the Commercial Land Use Study is taking, the most appropriate method for processing the pending requests for Plan amendments is to first establish a set of working policies. The pending proposals will be reviewed and considered as Interim map amendments based on these working policies. These interim map amendments can then be scheduled for public hearing, adoption by the City Council and review and approval by the Metropolitan Council. The intent is for these interim amendments to be classified as minor amendments, which necessitates only a ten day review by the Metropolitan Council. The attached interim Report: Working Policies summarizes the conclusions of the reports completed thus far in the study process and lists the working policies and new commercial categories developed based on these conclusions. ACTION REQUESTED Staff requests adoption and forwarding to the City Council of the Interim Report: Working Policies for use in evaluating interim Land Use Plan Map amendments prior to final completion of the overall Commercial Land Use Plan Element and .Map amendment. Director of Community Development attachment lbw-AD Senior Planner COMMERCIAL LAND USE STUDY INTERIM REPORT WORKING POLICIES APRIL 1994 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF EAGAN, MINNESOTA 3� BACKGROUND COMMERCIAL LAND USE STUDY INTERIM REPORT: WORKING POLICIES Over the past several months, the Community Development Department has been conducting a comprehensive study of commercial land and development in Eagan. Two reports have been completed and presented to the City Council, Advisory Planning Commission and Economic Development Commission thus far in the study —a Background Report and a Commercial Market Analysis. The Yankee Doodle Road Corridor /Ring Road Transportation Study is nearly complete. In addition, Towle Real Estate Company recently released its annual commercial real estate market report for the Twin Cities, which contains pertinent information about the office market. The Background Report contained an overview of existing commercial development and related issues. Background trends, including demographic changes, growth in the corporate office and hospitality components of commercial development in Eagan, the changing character of commercial development, and changes in the regulatory controls affecting development were reviewed and evaluated. The Commercial Market Analysis determined the projected demand for retail and commercial acreage in the City through the year 2020. This analysis considered all commercial land in Eagan, whether vacant or developed, except large single - tenant corporate _offices and associated property as that type of commercial development was beyond the scope of the analysis. The Yankee Doodle Road Corridor/Ring Road Transportation Study is reviewing the impacts of existing, proposed, and potential future development on the transportation system around the Yankee Doodle Road/Pilot Knob Road area of Eagan. Although the Commercial Market Analysis did not include large single - tenant corporate offices, this type of commercial use has been inventoried by staff and was discussed by the market consultant at the workshop meetings. Eagan's geographic location in the region makes the City a prime candidate for attracting major corporate offices. In addition, the 1994 Towle Report, prepared by Towle Real Estate Company, indicates that the office market is showing signs of recovery. The conclusions reached in these reports are discussed below. 39 1 REPORT CONCLUSIONS 2 1. The demand for retail commercial land in Eagan ranges from 258 acres to 350 acres. Retail commercial includes retail, service and small office uses, but does not include large corporate office facilities. The current supply of such land encompasses 970 acres. An oversupply of retail commercial land beyond the noted range should be maintained to avoid skewed land values. Large tracts of suitable land should be preserved and promoted for major corporate office or institutional facilities. Eagan's convenient freeway access to both downtowns and advantageous location in relation to the international airport (whether it remains at its current site or is relocated to southern Dakota County) makes the City a prime candidate for attracting this type of development. Towle Real Estate Company's recently released annual real estate market report for the Twin Cities indicated that the office market is showing signs of recovery, with vacancy rates at their lowest point since 1985. 3. Hotels and motels are an emerging industry in Eagan. These uses should be accommodated based on location and scale, as opposed to specific commercial land use category. 4. Two primary types of retail conunercial nodes have developed in Eagan- - Major Commercial nodes and Neighborhood Commercial nodes. 5. The three existing commercial centers with the characteristics of a Major Commercial node are Cliff Lake Center (Cliff Road /I -35E area), Town Centre (Yankee Doodle Road /Pilot Knob Road /I -35E area), and Cedarvale. a. Cliff Lake Center, and its surrounding area, most closely resembles a traditional community -scale shopping area with predominantly retail uses serving both the community at -large and the surrounding neighborhoods. Town Centre, and its surrounding area on both sides of I -35E and Yankee Doodle Road, has the components of a community-scale shopping area. However, because of the large amount of vacant land available for development and the existence of major office uses in the area, this node has the potential to develop with additional mixed uses, including more retail, major office and high density residential uses. As such, this area could be classified as the City's Major Diversified Center. c. Cedarvale is an existing Major Commercial node, but is unlikely to be a viable long term traditional community shopping center because of 3i the changes in access and visibility in the area and community -scale commercial competition elsewhere in Eagan. As such, it may be appropriate to focus on development of destination oriented and theme- centered uses which will draw business to the area from the neighborhood, community and region. Eagan is fairly well served by existing Neighborhood Commercial nodes, assuming a one -mile service radius. (Figure 1 attached to this report is a draft working map of the service areas of existing Neighborhood Commercial nodes). There are some gaps in service in the northeast and southeast. Along 1-3SE, there are overlaps in service areas; however, the interstate effectively acts as a barrier to the service area. The current Land Use Plan contains a very detailed Land Use Map, but little policy to guide development or to provide a basis for evaluating changes in the map designations. 8. The CPD (Commercial Planned Development) category in the existing plan is too ambiguous to provide adequate direction for development. All of these areas need to be re- categorized based on their existing, proposed or potential use. 9. There is heightened concern with the effects of development on roads, sewers, air quality, wetlands, and the general quality of life. As such, land use planning must consider the impacts of development on infrastructure, the environment, and the community (both local and regional). 10. Significant investments to the City's infrastructure will be necessary to support existing and future development. Areas of Eagan where such investment will be likely include the Yankee Doodle /I -3SE area, the Cliff Road /I -35E /Cedar Avenue area, and the I- 494/Highway 149 area. 3 WORKING COMMERCIAL LAND USE POLICIES AND CATEGORIES Based on the information gathered and conclusions reached in the study reports, working policies for directing the type, scale and characteristics of commercial development and new commercial land use categories' were developed. Following is a list of these working commercial policies and land use categories. The following working policies have been developed to provide the necessary direction in reviewing projects for their consistency with the commercial land use categories. Additional policies or refinements to these working policies may be developed prior to the finalization of the amended Land Use Plan Element and Map. However, none of the additional policies or refinements are anticipated to substantially alter the proposed direction for the interim Land Use Plan amendments. a. Commercial development should promote a diversity in tax base and employment opportunities and maximize the return on investment to Eagan's infrastructure. Commercial development should be restricted to those areas prescribed in the Comprehensive Land Use Guide Plan and Zoning Map and should be developed as complete nodes in order to avoid spot or strip commercial development. c. Adding conunercial land to the existing inventory should be discouraged unless said inventory is reduced in other locations or gaps in service areas exist. 4. Pedestrian circulation systems should be provided within commercial developments. e. Design of commercial developments should provide for transit access. £ Adequate buffering, including but not limited to landscaping, site orientation, and transitional uses, should be provided between different adjacent land uses. g. Internal access roads should be provided to allow sufficient transportation access to ' A fifth land use category discussed in the Background Report was the 'Unique category. Questions were raised at the workshop meeting: regarding the vague nature of this category, which could lead to some of the same administrative problems now encountered with the CPD (Commercial Planned Development ) category. Because of its ambiguous nature, and because commercial development in Eagan can be categorized into one of the other four working commercial categories, the Unique Commercial category is not being considered at this time. 4 WORKING POLICIES Commercial Land Use Working Policies (applicable to All commercial land use categories) and from the node when it might otherwise be restricted due to its location adjacent to county roads and state highways. Neighborhood Commercial Working Policies a. Neighborhood Commercial nodes should be developed as complete centers to create a relatively compact node and in order to avoid a proliferation of scattered single -use commercial sites. Neighborhood Commercial nodes should be planned such that the majority of the City lies within an assumed one -mile service radius. Interstate freeways and principal arterials are considered to be a barrier to this radius. Establishment of new Neighborhood Commercial nodes should be considered only when they do not overlap an existing Neighborhood Commercial node's service area and when the population and /or employment density can support this additional node. Because of the frequent short-term trips associated with a Neighborhood Commercial node, transportation access needs will be medium to high. Therefore, these nodes should be located next to minor arterials or community collectors. Office Park Working Policies a: Large tracts of land suitable to campus -type business park development in prime locations (eg., adjacent to other business parks, adjacent to major roadways) should be preserved and promoted for Office Park nodes. A supply of __ acres should be maintained in this category. A uniform design element(s) providing an identity for the node will be promoted. Because of its dense development, transportation access needs will be high for Office Park nodes. Therefore, these nodes should be located next to principal or minor arterials. The City is committed to planning for adequate infrastructure improvements to these arterials to serve Office Park development. Major Commercial Working Policies The City is committed to maintaining an adequate supply of Major Commercial land. A supply of _ acres should be maintained in this category. However, over - supply of this category should be avoided by monitoring demand before establishing additional or expanding existing Major Commercial nodes. Because of its dense development, transportation access needs will be high for Major Commercial nodes. Therefore, these nodes should be located next to principal or minor arterials. �a- 5 c. A uniform design element(s) providing an identity for the node will be promoted. S. Major Diversified Center Policies a. The City will encourage, through zoning and infrastructure investments, the development of one Major Diversified Center node to concentrate and create a massing of mixed use activity. The Yankee Doodle Road/I -35E is an appropriate area for this Major Diversified Center categorization. Dense, mixed -use development with a complete range of retail, office, medium /high- density residential, and possibly light industrial uses will be promoted. A uniform design plan, including such elements as streetscape improvements, lighting, signage and site design, to promote a unified identity for the node will be promoted. An over- abundance of surface parking areas will be discouraged through the promotion of parking decks and shared parking among the various components within the node. e. Transit should be developed as an integrated component of the Major Diversified Center node. 6 Development of public space or spaces for community gatherings within the node is encouraged. �3 COMMERCIAL LAND USE CATEGORIES Neighborhood Commercial This land use category will have as its primary use smaller -scale neighborhood oriented retail, office and service businesses. To conveniently meet the daily shopping needs of Eagan residents, Neighborhood Commercial areas should be located on the edges of residential neighborhoods, and could in some cases include medium - density residential development as part of the node. Also, pedestrian access, both internal and external, must be an integral part of the Neighborhood Commercial node. Since the uses in the Neighborhood Commercial node are oriented to convenience, such as convenience grocery stores, dry cleaners, and video rental stores, traffic to the area will involve frequent, short -term trips. Therefore, Neighborhood Commercial nodes should be located adjacent to minor arterials or community collectors for adequate transportation access Hotels and motels would be appropriate in the Neighborhood Commercial node provided the parcel is adjacent to a principal arterial or interstate freeway, and the project is of a compatible scale to the adjacent land uses. Because of this proximity to neighborhoods, site planning will be of particular importance to ensure appropriate transitions between the commercial and residential uses. °Mee Park This land use category will have as its primary use larger -scale offices with significant employment bases, Office Park guided areas may provide suitable sites for corporate offices, business parks, research and development facilities, and institutional uses such as hospitals. Secondary uses appropriate in the Office Park category are related, but accessory, retail uses to serve employees in the area, such as restaurants and convenience retail and service businesses. Medium - and high- density residential uses may be appropriate on the edges of an Office Park node. Because of its intense character, site planning will be essential to provide suitable transitions between different land uses. Also, because its high employment base will draw from the community and region, transportation access requirements will be high. Therefore, Office Park nodes should be located adjacent to principal or minor arterial streets, and provide for transit access. To assist with movement among the different components of the Office Park node, an internal vehicular and pedestrian circulation system should be included. 7 Major Commercial This land use category will have as its primary use larger -scale community level retail businesses or a major concentration of smaller -scale retail, office and service businesses. The uses within a Major Commercial node are of sufficient number and scale to meet the weekly and monthly shopping needs of the community, or are sub- regional destination uses such as hospitality or entertainment businesses. Medium- and high- density residential uses would be appropriate on the edges of a Major Commercial node. As the Major Commercial node will draw from the community at -large and possibly the sub- region, transportation access requirements will be high. Therefore, these nodes should be located adjacent to principal or minor arterials. Also, pedestrian and transit access should be an integral part of the Major Commercial node. Hotels and motels would be appropriate in the Major Commercial node provided the parcel is adjacent to a principal arterial or interstate freeway, and the project is of a compatible scale to the adjacent land uses. Prudent s ite planning will be required to ensure appropriate transitions between different land use types both within and adjacent to the Major Commercial node. Major Diversified Center 'This land use category encompasses the concentrated massing of mixed retail, office, service, and residential uses that serves as the City's "central business district" or "downtown ". The uses located within this node serve the shopping needs of the sub - region, the community at large, and adjacent neighborhoods, as well as providing a significant corporate office employment base. High- density residential uses, with proper site planning, also fit within this mixed use node. Because of its role as Eagan's central business area, development of a public space or spaces for community gatherings will be advocated. Transportation access requirements will be high for the Major Diversified Center given its scale and draw from the community and sub - region. An internal transportation circulation network is a key component to the node for the efficient movement of vehicles both internal and external to the area. Transit access and a pedestrian circulation system will also be needed to assist with the movement of people, not just vehicles, to, from and within the Major Diversified Center. Comprehensive site planning of the node will be required not only to ensure appropriate transitions between the different land use types, but also to provide a uniform appearance to the area. 8 A small area plan denoting general land use categories, such as large -scale or small -scale office, retail, high- density residential, etc, within the Major Diversified Center will be used to guide the lay-out of mixed uses within this node. Figure 2 attached to the end of this report is the draft working sketch plan of this small area plan. 9 FIGURE 1 DRAFT WORKING PLAN Neighborhood Commercial Nods Service Areas (1 -mile radius Lrl FIGURE 2 DRAFT WORKING PLAN J CEOAR - 11 it) r— OUARRY 5.. PARK ...nr.'1 f 7 - _..__ .. PILOT ANO8 /'Alift 1OWERVI Rd. tin. 261 4 rAt11 :EL i uoouLE IHN j _ • 'n R•1 I. !In * q • 1 R If Major Diversified Center Small Area Plan SEW BY: BAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 - 28 - 94 ; 10 :06 ;SEVERSON WILCOX SHEL - , 612 681 4612; #15/22 OOMMNRCZRL LAND USN STUDY - =MIN Tt WORKING FOLICIRB Chairman Vortical{ opened the next public hearing of the evening regarding the coneidexation of the adoption Of the Interim Report: Working Policies for use in evaluating Land Use Plan 'map amendments in the interim prior to final completion of the overal]. Commercial Land Dee Plan amendment. Project Planner Marnin presented to the Commission the Commercial Land Use Study Interim Report and also requested recommendations from the Commission to the City Council regarding the adoption of the Interim Report's Working Policies. Killer moved, BQyl seconded, the motion to adopt and forward to the City Council the Interim Report: Working Policies. 11•95% All present voted in favor. 812 432 3780 04 -28 -94 11:06AM P015 #33 Agenda Information Memo May 3, 1994, City Council Meeting CHANGE ORDER #1 - (YVEST PSJBLISIING 3RD ADDN & WILMUS ADDN) TRUNK STORM SEWER & TRUNK STORM SEWER LIFT STATIONS M. Approve Change Order #1, Contract 90 -09 (West Publishing 3rd Addn. & Wilmus Addn. - Trunk Storm Sewer & Trunk Storm Sewer Lift Stations) -This Change Order provides compensation to the contractor for claims for extras as determined by the American Arbitration Association. The American Arbitration Association has determined that the total monies due Danner Trucking Company, Inc., totals $57,960.89 plus an additional $500 for administrative fees previously forwarded to the American Arbitration Association by Danner Trucking, Inc. The total amount due for claims identified in the arbitration was $92,233.04. The Arbitration Association did not award $34,272.15 to Danner as a result of the arbitration proceedings. The final pay request amount due the contractor is $37,321.25. Change Order #1 provides for compensation to the contractor as determined by the American Arbitration Association in the amount of $21,139.64 over and above the amount which Danner Trucking, Inc., was due under the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 (City Contract 90-09, West Publishing 3rd Addition and Wilmus Addition - Trunk Storm Sewer Improvements) which adds $21,139.64 to the original contract amount of $464,637.42 resulting in a revised contract amount of $485,777.06. APPROVE FINAL PYMT /AUTHORIZE CITY MAINTENANCE N. Contract 90-09, Approve Final Payment /Authorize City Maintenance (West Publishing 3rd Addition & Wilmus Addition - Trunk Storm Sewer & Trunk Storm Sewer Lift Station Improvements) --The City has received a request for the 7th and final payment for the installation of trunk storm sewer facilities to service the West Publishing 3rd Addition and Wilmus Addition under the above - referenced contract. This final pay request is being processed in accordance with the requirements as set forth by the American Arbitration Association for settlement of the contract dispute between the City of Eagan and Danner Trucking,_ Inc. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final payment in the amount of $58,460.89 for Contract 90-09 (West Publishing 3rd Addition & Wilmus Addition - Trunk Storm Sewer Improvements & Trunk Storm Sewer Lift Station Installations) to Danner Trucking Company, Inc., and accept the improvements for perpetual City maintenance subject to the appropriate contractual warranty provisions. cb Agenda Information Memo May 3, 1994 City Council Meeting RESIGNATION /ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION O. Accept Resignation, Advisory Parks, Recreation and Natural Resources Commission- - Enclosed on page 5j is a copy of a letter of resignation sent to Director of Parks and Recreation Vraa from Daniel Mooradian of the Advisory Parks, Recreation and Natural Resources Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resignation of Daniel Mooradian from the Advisory Parks, Recreation and Natural Resources Commission. 51 6x APR -1e -1994 16:17 FROM UNIVERSITY OF MINNESOTA Twee albs Centipus April 18, 1994 Mr. Ken Vraa, Director Parka and Recreation Department City of Eagan 3830 Pilot Knob Rd. Eagan, MN Ken, Over the past few months 1 have found it increasingly difficult to attend the monthly meetings of the Pardo, Recreation and Natural Resources Advisory Committee, a fact that is painfully illustrated by my poor attendance during this time. 1 have simply been unable to make the adjustments in my schedule that would be necessary to allow me to attend and t am therefore writing to resign my position on the advisory committee effective immediately. Please recognize that 1 do so reluctantly, having enjoyed my participation in the committee's activities very much. This is an important period for Parks, Recreation and Natural Resources in the city of Eagan and t sense in the current members of the committee a renewed vigor as they tadde issues related to the new Parks Plan and their expanding role in the oversight of Natural Resource issues related to new development in Eagan. 1 think the committee is more than up to the tic. 1 would like to wish you, your fine staff, and each of the members of the Parks, Recreation and Natural Resources Advisory Committee the best of tuck as you collectively tackle the many other challenges that lie ahead. Daniel L Mooradian ll.0 ologi Meowing Caaa► Box 107 UMHC 5.275 Moos Tower 420 Delaware Sava S.E. Miw,,rpolls. MN 53435-0392 612406.2366 Fox: 613 -2.l -1121 s2. TO 86814612 P.02 TOTAL P.02 04 -18 -94 05:02PH P002 *19 Agenda Information Memo May 3, 1994, City Council Meeting VACATION /LOTS 1 -10, BLOCK 1, WOODLANDS NORTH 2ND ADDN A. Vacate Drainage & Utility Easements (Lots 1 -10, Block 1, Woodlands North 2nd Addition) - -On April 5, the Council received a petition from the affected property owners requesting that various common lot line drainage and utility easements dedicated with the final plat of the Woodlands N. 2nd Addition be vacated to accommodate the construction of duplex units which will straddle the affected property line. Enclosed on pages 5 3 "S6, is a sketch showing the location and legal description of the easements to be vacated. All notices have been published in the legal newspaper and sent to all potentially affected parties informing them of this request and the public hearing scheduled for May 3. As of this date, the staff has not received any objections to the request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described over Lots 1 -10, Block 1, Woodlands North 2nd Addition, and authorize the Mayor and City Clerk to execute all related documents. 1 C I IF- I 1\ 111 \\ i ' • \ 1 ) 1 1 1 1 1 1 1 .. • • 0 Lec w U w w - • a ri 0 Fr 10 ui so s / J • / LL r- LL / try NOTICE OF PUBLIC HEARING PROPOSED VACATION OF EASEMENTS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN THAT THE City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55121, on Tuesday, May 3, 1994, at 7:00 o'clock p.m. or as soon thereafter as possible. The purpose of the Meeting will be to hold a public hearing on the vacation of drainage and utility easements lying over and across the following described property in the City of Eagan, Dakota County, Minnesota: That part of the drainage and utility easement within Lot 1, Block 1, THE WOODLANDS NORTH SECOND ADDITION, Dakota County, Minnesota, lying adjacent to the following described line: Commencing at a point on the south line of said Lot 1 10.00 feet westerly of the southeast corner thereof; thence westerly along the south line a distance of 129.15 feet and there terminating. AND That part of the drainage and utility easement within Lot 2, Block 1, THE WOODLANDS NORTH SECOND ADDITION, Dakota County, Minnesota, lying adjacent to the following described line: Commencing at a point on the north line of said Lot 2 10.00 feet westerly of the northeast corner thereof; thence westerly along the north line of distance of 129.15 feet and there terminating. AND That part of the drainage and utility easement within Lot 3, Block 1, THE WOODLANDS NORTH SECOND ADDITION, Dakota County, Minnesota, lying adjacent to the following described line: Commencing at a point on the southwest line of said Lot 3 10.00 feet northwesterly of the most southerly corner thereof; thence northwesterly along the southwest line a distance of 121.13 feet and there terminating. AND That part of the drainage and utility easement within Lot 4, Block 1, THE WOODLANDS NORTH SECOND ADDITION, Dakota County, Minnesota, lying adjacent to the following described line: Commencing at a point on the northeast line of said Lot 4 10.00 feet northwesterly of the most easterly corner thereof; thence northwesterly along the northeast line a distance of 121.13 feet and there terminating. AND Sf feet easterly of the southwest corner thereof; thence easterly along the south line a distance of 121.96 feet and there terminating. DATED: April 5, 1994. CITY OF EAGAN /s/ E. J. VanOvert E. J. VanOverbeke, City Clerk The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Agenda Information Memo May 3,1994 City Council Meeting OD REZQNING/PRELIMINARY PLAT 1tRCON DEVELOPMENT/WATERVIEW ADDITION A. . Rezoning, Arcon Development, of 17.84 acres from A (Agricultural) to R - (Single Family) and a Preliminary Plat, Arcon Development, Waterview Addition consisting of 20 single family lots located east of Dodd Road and west of Highway 3 in the southwest quarte of Section 36—The proposed Rezoning for Arcon Development was denied on a 3/2 vote at the Council meeting of April 19. This action was then referred to the City Attorney to draft findings for adoption as a resolution by the Council at a subsequent meeting. The findings will be drafted by the City Attorney and sent to the City Council in the Administrative Packet next week. Enclosed on pages a through 9_ is the cover dictation from the last Council meeting along with the Planning Comnnssion minutes and staff reports on the Rezoning and Preliminary Plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a resolution citing findings for denial of the Rezoning of Arcon Development of 17.84 acres from A (Agricultural) to R -1 (Single Family). If denial of the Rezoning is sustained by Council resolution, consideration of the Preliminary Plat would no longer be appropriate. Should the Rezoning be approved, consideration of the Preliminary Plat could be considered by the City Council at the meeting of May 3. Agenda Information Memo April 19, 1994 City Council Meeting 1 . REZQ?JNG/Pj{ELIMINARY7LAT ARC O! �'+ LOPM ' T ATER rVAQDITION AY. Rezoning/ Argon Development, of 17.84 acres hrom. A (Agricultural) to R -1 (Single Fa artily) and a Umina Plat, Arcon Development, t, Vyatervlew Addition consisting of 20 holly rally Iota legated east of Dodd Road and west of Highway 3 in the southwest quarter of Section 36 -This rezoning and preliminary plat for the Waterview Addition was originally co_ idered by the City Council at its meeting of December 21, 1993. Enclosed on pages ( through jais a copy of the APC minutes regarding this item. Because of issues concerning the future development vision for the entire South Dodd Road area, the City Council continued in definitely consideration of the application for both the rezoning and the preliminary plat. The City Council also directed staff to conduct an analysis of the development plans for the South Dodd Road area. The analysis of the South Dodd Road area has now been completed and considered by the City Council at its meeting of March 22, 1994. At that time, the City Council decided that the South Dodd Road area should continue to be a part of the City's urban service area in addition, the Arcon Development should be permitted to develop at R -1 lot densities; however, to mitigate the impacts of the Waterview Addition on the Dodd Road area, Council suggested that the preliminary plat be revised to provide access to Highway 3 rather than gaining access from Dodd Road. City staff at that time wanted the option to remain open as to whether the road should be a cul -de -sac or a through street between Highway 3 and Dodd Road: Staff has since considered this issue and believes that a cul -de -sac coming off of Highway 3 would be . acceptable. This option is also preferred by Arcon Development and the residents in the area The City Council also directed that the preliminary plat be brought • back to the City Council for . consideration at its meeting of April 19, 1994. The rezoning and preliminary plat for the Waterview Addition was considered by the PI Commission at its meeting of November 23, 1993. Enclosed on pages through is a copy of the APC minutes and staff report with regard to this item. The Planning Commission recommended approval of the rezoning on a 5 -2 vote. Because WIN issues ram by the residents In the area, it was not a unanimous recommendation. Director of Public Works Colbert has met with the Dodd. Road residents subsequent to the City Council's discussion on the policy options for the area. Mr. Colbert explained the Council's decision to keep the area within the urban service area but to revise the Waterview plat and also to consider defer ring trunk area assessments that might result from the extension of utilities' to the Waterview Addition. s8 Agenda Information Memo April 19, 1994 City Council Meeting At this time, it would be appropriate for the City Council . to consider approval of the rezoning and the preliminary plat for the Waterview Addition. Because the Waterview plat will be significantly revised from that originally recommended by the Planning Commission, the Planning Commission's conditions may no longer be appropriate in all respects. Staff would therefore suggest that the City Council approve the preliminary plat subject to revisions to provide: 1. Access from Highway 3 with a cul -de -sac backing onto Dodd Road, subject to MnDOT approval. 2. Development of not more than 20 lots meeting R -1 zoning requirements. 3. Compkiance with all Planning Commission conditions still relevant given revisions in the access and road alignment. 4. Submission of revised lot layout, grading, tree preservation, utility, drainage and Landscaping plans for approval by staff prior to development of final plat documents. ACTION TO BE CONSIDERED ON THIS ITEM:. To approve or deny a rezoning of 14.8 acres z oned agricultural to R -1 for Arcon Development, Inc. located along the east side of Dodd Road, west of Highway 3 in Section 36 and a preliminary plat consisting of not more than 20 Lots on said property subject to the conditions set forth above. PAGE 9/ EAGAN CITY COUNCIL MINUTES December 21,1993 is Section 9d. Ad minlst or Hedges explained that items H, the rezoning request for Aron Developm Inc., and 1, preliminary for waterview Addition, would be discussed initially, and depend on t o of die both the ' ' aad the 'Viet, the City Council would proceed accordingly. Specifically, be tbh Was in a Mrm tive for the rezoning and the preliminary plat then a presentation b& Hades pardon on the infrastructure would ensu s then explained Item H, the rezoning request, had been beard at a public Planning Commission meeting. The Planning Commission is recommending recant and the preliminary plat. Director ol`Commindly Development Reichert provided background information on the applications and out that the main issue of the ; .t�atld lg!,� l requests. She pointed the y of Eagan had adopted intended the area to be fully urbanized Corot recommended approval for the rezoning whit a 5.2 vote. Discussion of * within Planning Commission centered around whether there should be fewer lots. The Planning C'orsue Director of Community Development recalled, recommended the plat as was presented, with 20 lots. She noted that she and the Director of Public Works Colbert met with the residents to discuss the city policy background and available options in two informational meetings. Director of Community Development Reichert further noted that the issue before the Council was if the Cotner fek that the area should be maintained in a'rural character, necessitating the City Council to consider something more than Estate zoning. She passed out a handout on the proposed number of lots for the development. Director of Community Development Reichert pointed' out that on Lot 10, Block 1, the lot is 85,000 ware feet, Of that, she found the portion that is not 'Atkin the pond easement is over 20,000 aL The swage tot sine estimated would ke over 37,000 sf. The average lot. size, eoodudi the pond easement was sbowa to a sed 17,900 sf. She added these lots require sewer, water, and storm drainage, and are urban density, satbcr than se imff cis e t rttraf density. Director of Community unity Development Reichert noted as the area Paws, Ibgt _ wid.o r the amount eland available is this unique situation is quite small, by ibs to deveropment ib Cky of man and surrounding areas. Cpmmty Development Director explained that the plat had been due to the isitiat proposal fora ling euldesac that posed located tb' the south. A stub street, along with a temporary euldesac was a sssoclated with the proposed single long culdesac. The animal hospital had also been tcmovcd !fin the bridal plat. Seep yob n, President of Aram Development stated he felt the design generated by City Staff and ./Mono .De . Is tfi .*Ay pian sultabie for the property. He noted five years ago Clair Frits had contacted Mai toPieming an interest in improving his property. At that time, Mr. Johnson explained, the REZONING /ARGON DEVELOPMENT INC iattOdened this line as a rezoning for Amon Development Incorporated, of 14.90 AG i t q an t•1 Oingle Family) trstrkx located siong the east side of Dodd Road, west of Highway tbs macs that earlier he indicated item C of Public Hearings would be lint I, of rew 1uslness. Ilan I was also introduced so discussion of Item C of H and Item 101 New Business mold be heard collectively, in order to allow greater these Issues. PAGE 10/ EAGAN CITY COUNCIL MINUTES December 21, 1993 properties to the north of Fitz Lake were undeveloped at that time and did not possess sewer and water services. Mr /thaws added Mr. Fritz had to wait until those areas were developed, which is now occurring, and Mr. Fritz is the nest property owner in line to receive water and sewer services. Following ISSAIIIIi011, the hearing was opened to public comment. Doug Johnson, 4775 Dodd Road, thanked both the City Council and staff for their time and effort. He stated Jerry and Diane Munroe are currently in Florida but did express their support for the letters requesting Estate zoning submitted to the City Couacl. He added the neighborhood objects to being assessed for sewer and water vtilhres for any of the residents will be unable to use those services. Chip Morgan, 4785 Dodd Road, thanked the staff and all of those involved for their time and effort. He coked his opt to the improvements for the following reasons: 1) the scff contained nature of the location, 2) the longevity of the neighborhood, 3) the current large lot, 1-5 areas, characteristics of the lots, and 4) the development of the neighborhood prior to the creation of the Comprehensive Land Use Plan. Ton Gustafson, 4822 Dodd road, thanked the staff for their assistance. He raised various questions he held =prang Land Use Zoning Regulations in Chapter 11. He voiced concern over the plan for the west portion, next to his property. City Attorney Sheldon clarified that the abutting property owner has standing to request vacation and the City has the authority to petition on it's own, for that portion if desired. Mr. Gustafson questioned whether the portion along Highway 3 had been classified as wetlands and what would be done with the area. Director of Public Works Colbert read from the staff re port in response, clarifying that the developer's - consultant identified wetlands associated with Fitz Lake as the only wetland on the site. Mr. Gustafson asked whether the sedimentation pre - treatment pond would affect id size. Director of Public Works Colbert responded a dedication of an easement would be needed incorporating the west pre- treatment pond, but that it would not affect the lot size, only the buildable size of the lot. Councalmember Awada noted should the area be changed to Estate zoning, the matamum number of buildable lots for the area would only be 13. Mr. Gustafson presented his concern over frontage area to the road reprdlag lots 10,11, and 12 (53, 56, and CO feet, respectively) compared to the City of Eagan's standard of 60 ket. Director of Community Development Reichert stated . the standard consistently applied within the subdivision ordinance for actual frontage onto the street is 50 feet. Mr. Gustafson also expressed his concern over the removal of trees and Oak Writ. Mike Nersias, 4856 Dodd Road, corner of a truddsg business abutting lEghway 3 oa 4855 Dodd Road, sp>atioaed what impact the development would have on his business expansion. Director of Community Development Reichert noted the Comprehensive Land Use Plin designates that area as D-2, but that currently • small portion of his property is zoned General Business. Mayor Egan clarified that the Land Use Plan desijated the area to be ultimately developed in that classification, but that the business owner could reasonable anticipated the hostage road for his business. Conndlmember Awada requested comments iron staff and the audience regarding the option of leaving the area zoned Aat Director of Community Development Rteicbert proposed a future presentation of the different options on bow to provide utilities to the property and minimize sandal impacts on other properties. She farther explained' the location of the property, surrounding areas and uses, and available utilities. Director of Community Development Reichert defined an Agricultural zone and pointed out that there are some lots in the area that would not meet the five acre minimum requirement. Mayor Egan artwulated problems associated the zoning the area AgricukuraL (o I PAGE 11/ EAGAN a'i'Y COUNCU. MINUTES Dumber 21,1993 C membor.Wachter inserted the need to look at associated impacts for properties to the south and *est of 1lrra44 mated tiwt the C ommission did full their job following the code, but l0. d'et it rstulitioh at who flatus, Mr Fritz possesses, lot sizes a 1 f i r d a l e C mpr ve Land Guide to Estate sbiouid be back to the C1ty Coral for to have all &traded property owners to the cast and south of highway 3 Wait M ho to invoNitedon 'on illitieS such as the coots and assodated impacts of 10 04 the sm rind water main versos avowing services to continue south, what the City's loss of revenue would be if the area was unserviceable, the impact of the Council's decision on the City's trunk stems, and technical, legal, and plonks ids of rezoning the land from R -1 to Estate. Director of Commuaky Development Reichert noted that k appeared the CSty Coumdt wished to cootie= the application for rezonlag and preliminary plat.. She pointed out staff would take the time to etteplete tilt r1*egcb, bui whye em ,a Otiosity consailecial study, the investiaatioa of issues relating to the rezoning and perry plat request would require a significant amount of time. if , idiom President of Anon Development, found the continuance reed that it ryas. Mayor Egan then clarified that the Counal could move to appfiot for rezoning and preliminary plat, and deny the application for Public improvement Project 666. !Adder Moved, Awash seconded, a. motion to continue indefinitely the application fora rezoning of appratimately 14.11 agricultural acres tb R- 1 (Single Family) located aka the ease side of Dodd Road, west of Highway 3, in Section 36. Aye: S Nay. 0 PRELIMINARY PLAT/WATERVIEW ADDITION Mayor Egan introduced this ken as a preliminary plat for Waterview Addition /Arcon Development >4000aperated, consisting of 20 lots located along the east side of Dodd Road, west of Highway 3 in Section 36. This item was introduced with item C of Public Hearings and the rezoning request for Arcon Development to allow tar greater ftecnbiity in discussing these closely related kerns. Mast! oowad,.Araaada seconded, a motion to continue indefinkdy a prelb oiaary plat consisting of 20 lots located along the east side of Dodd Road r of Highway 3 is Section 36 , subject to the foliovle& conditions: 1. These stadia =editions of plat approval, an adopted *Council action an February 2, 1993, shall be complied wide A1.51, „ 13 Cl. t,C33. DI, El, F1,01 sod H1 2. All Sbatiigad Botsiaag regulations shall be met. 1 ladivIdual lot tree preservation plans shall be prepared on Lots 411 and Lot 20, Block 1, at the time of Wading permit application. 4. Lake d& Mimi IHapitat ahah cease operations prior to inidal construction. PAGE 12/ EAGAN QTY COUNQL MINUTES December 21, 1993 S. Permits shall be obtained for the abandonment of the operational well in accordance with Dakota County and State of Minnesota regulations. 6. Permits shall be obtained for the abandonment of the septle system In accordance with City of Eagan mid State of Minnesota regulations. 7. The developer is responsible for complying with the Tree Preservation Plan u submitted which states that no mitigation will be requbed if 1796 of the exciting tree mass, or km, will be removed form the site. 8. The grading shall preserve a 30' buffer zone of undisturbed vegetation along the south edge of Pond JP 9. The proposed lots abutting Highway #3 shall dedicate a 30' wide drainage and utility easement on the fled plat to allow for the extension of unitary sewer and water main along Highway #3. 10. A water quality treatment pond (Pond 1P- 263) of at least 0.23 acres in surface area at the NWL, 0.7 sere-feet in wet pond volume, a minimum average depth of 3 feet, and a maximum discharge rate of 1 cfs shall be ooutruct ed to treat all runoff draining to Waterview Court. 11. The development will be required to stub 8" sanitary sewer and 8" water main to the south edge of the pint in the right-of-way of the proposed stub street. 12. The installation of sanitary sewer and watermain to serve this development must be authorized by the City Council prior to final plat approval. 13. The final plat shall dedicate a ponding and utility easement for Pond 1-26 and Pond LP-26.3 to an devadon 3' above the calculated HWL's of the ponds. 14. The vacation of the existing right-of-way for Carol Street is required prior to final plat approval. 15. The development shall financially guarantee the costs for the installation of all public utilities and streets accessary to service or accommodate the proposed . development located beyond the boundaries of said devdopment. 16. In order to Goal plat Lot 4 of B ock 2, a temporary eel- de-sac with a 45 foot radius shall be conducted at the south end of the stub street. 17. No construction equipment shall take au from Dodd Road All Access shall be taken from Inghway R Aye: SNay:0 WAIERVIEW ADDITION/TRUNK SANITARY SEWER & WAIERMAIN Mayor Egan introduced this item Project . 666, Waterview Addition - Trunk Sanitary Sewer and Watermain Extension. At the adoption of the agenda, it was determined to continue this item following Aseado. of Items 11 and 1 under New Business. Mania moved, Awada seconded, the cancellation of Project 666. Aye: 5 Nay. 0 Page 1311444,1 ADVISORY MANNING COMMISSION =NUTEM 110V33001 33, 1993 UIOIIUQ - ARO= DIVSLOPUNT, INC. spooned tbo rivet publia hearing of the evening * . Of 16..40 AS (Agricultural) acres to an R -1 ($ 1e t i y di ibt located along the east side of Dodd Road M of /a yta 3 in Section 36. City planner Sturm stated that the applicant was requesting a Yszon ng of 14.6 acres from Agricultural to an R -1 district located sionq Mt side of Dodd Road Vest of Highway 3 in Section 36. Es # ►t!d that **fatly Lakeside Animal Hospital is on the eastern iota of t_ sits but tie applicant intends to remove it before ` ' Cit rs comprehensive y guide plan designates the • ) prop. as D•il.: Mixed Residential) and the proposed 1 $ 0 .*1 1 is Consistent with the guide pplan. Kr. Sturm noted *_ iri) i t was ` also re sting a prslisinary plat consisting heard on the next agenda item. ident of n Development Inc. was present no additional consents regarding the rezoning bat its **quest. - Doug Johnson, 477$ Dodd Road, stated he owns property across Dodd Road from the proposed development. No stated that he is representing the property owners located on the west side of Dodd Road, south of Cliff Road and north of Farm Road. Mr. Johnson stated that the y owners' first concern is that the proposed development is Latent with the neighborhood, noting that the existing lots are 1-6 acre lots Mich have been there for approximately 30 years. mr. Johnson further noted that a majority of the existing lots are approximately S acre lots and many have horse farms. Me stated that the proposed days1opmsnt will take away the rights of these horse . Ni. Johnson Stated that his community is on the southeast end mum and is not typical of Sagan. Ito stated that 9$ to 99 percent cf ti Pr igs in this area are devei d as a community with + 't '. e stag his oo wesnis that the neighbors do not + m . voi..5i further stated that their concerns for the #s if they lured in s residential area and Om Ell a t build. The residents devilo) t *Abatis 2 to 4 acre lots. • tad that tbsir second concern was the proposed b sxtensisn lion Dodd Road. $e explained that ex bet roperty owners are not asking for or interested in the Page 12 f EAGAN ADVISORY PLANNING COI+MSSION XI)WTES NOVEMBER 23, 1993 ;proposed utilities and that the developer should pay for the utilities. Be again stated that the subject property is the last piece of land to be developed and therefore the developer should pay got the utilities. Hs &Isoaddressed the following questions to the Commission: (1) whether the utilities ue for this one development; (3) what will happen to the Condition of Dodd Road when heavy construction equipment uses it; (3) why the development cannot be required to have larger lots; and (4) what is the comprehensive guide plan and When was it put into place. Charles Norqan, 4765 Dodd Road, stated that be bought his property approximately five years ago and chose the location because of the character of the neighborhood. Zia Thompson, 4075 Dodd Road, stated he has 335 feet of frontage along Dodd Road and therefore is concerned with respect to any assessments for the proposed utilities. He stated that the assessment would be greater than the price be paid to build his house. Kr. Thompson further stated that be should not have to pay for utilities when be bought 5 acres to avoid City utilities. Ns stated that the developer should pay for the utilities. Sob Nawkins, 4711 Dodd Road, stated that his house is 600 to 700 feet from Dodd Road and therefore should not have to pay for the utilities. He further stated that be concurs with the other residents and that be bought his property to enjoy the area. Kr. Nooseback, 4795 Dodd Road, stated that be is a 16 -year resident and concurs with the other residents regarding the cohposition of the development and concerns regarding the utilities. he also stated that be has no need for or interest in running utilities to his property. Ann Johnson, 4775 Dodd Road, stated she is "strongly opinionated* regarding the proposed development. She stated that the subject should not be rezoned but continue to exist as is. She Stated bat should the rezoning request be approved, she asks that the subject property be platted with minimum two lots. its. Johnson further stated that City eater Utilities are not wanted in that area. Community Development Director. to Doug J questions. She explained that the City's comprehensive guide pion was in response to a state requirement and vas required to Obtain the Metropolitan Council's approval She further explained that the City vas required to decide whether the City would remain as Pogo z3 141;444-be "ur sits stated the m oil , at ' tbs t tbs ` vas approved 1irb. )(s. Reichert, referring to the that tMt . southeast • 1591 as a result ooroar of Eagan bas oats $gr lturai sinc o! or `turban dsyslopment. Vitb.sat to the utility connection charges to the properties slotq Dodd *dad in connection with the proposed development, Dsyslopuent Director Rliohertexplained that the burden of costs arw,on ths pr sties that are to bs served now or 1011Y. Mir Solidly is the City Council's reaffirmed wish City fully urbanised.• city Rnginoor losrtsch sxplainsd that there are two • iG to l�,tt City utility serviaas to the proposed ) oatsind $ rvicea along Dodd Road; or (2) • srtand 'Css ,aloe► Highway 3 to the Subject property. 8s stated tion_g1 (03ttend s rvioss along Dodd it is connection ditties but option d1 Of Iln et. ^ sr..7oertich sxplainsd tbs policy behind trunk area oonnection - argss, stating that the cost for overeating a systela to is the added ale is paid by every City - resident. Re noted'tbit itvas not sandatory fax the residents along Dodd Road to book op to the City utilities. Re further notsd that the proposed chervil' Ors not for book-up but for trunk charges (cost for overtising tbs system). Th.is is a policy that has long been followed by tae City and is consistent with past practices. Re stated that under Option #1 the property miners will be charged $1,540.00 per acre for osvar trunk charges and 01,615 per acre for water trunk charges. Under Option #2 the property Owners would be charged the connection charges, plus assessed fax installation costs along Dodd Road. ot$l t; t►t d MOW *Oat osggosted. oonnect vbto the property owners that they tales the i merges up with the City Council and sy t. s w Assistant City Lnginssr Tosrtsob 1 er „ vita case of wives of connection ( MiMail has negotiated with payasnt plans of such charges. waor Reichert stated that an area in t rsaovad fro* tbs Moosaunity area” vas oo charges but added that the property rs psq Ur•d to craw any right _ to subdivide tbsir property " s . £ Shear of agro nt echoed throughout ths audience. ADVISORY PLM NING COMMISSION DOTES a 23, i!!3 Page 141YAGAN ADVISORY PLANNING COMMUNION MINUTES NOVEMBER 23, 1993 *an Armstrong, a resident of Dodd Road, stated that he vas Concerned with the heavy equipment on Dodd Road because the road vas just recently paved and the property owners were assessed. Chairman Voracek inquired of City staff as to how small a parcel can be subdivided without city utilities being required. City Att orney Dougherty stated that the Metropolitan Council and Dakota County are hesitant to allow more wells and septic systems. Re further stated that he is unaware of any standard to determine how many acres are regiaired fOr a Well or septic system. Nember Resit stated that the only issue presently before the Como lesion vas rezoning and that he vas not in favor of "holding the parcel hostage* by requiring larger lots. Re stetted that he favored the resorting of the property. "ember Killer concurred with Member Hoeft stating that the issue is whothar to change the Property from Agricultural to R-1. Chairman Voracek stated that he recognised • policy for urban developient in the City but would like an opportunity to see a section of this City allow langsr lots, not just residential size lots. Re suggested to continue the matter to request a Policy statelont from the City Council addressing the issue of leaving an area of this City as agricultural or limit it to larger lots. Alternate Wallace concurred with Chairman Voracek and added that the utility trunk charges concerned him. Rather Killer stated that he acknowledged the neighboring property maws' rights but also that the applicant bas a right as a property owner to rezone the property from Agricultural to R-1. Chairman Vioracek responded by stating he was not looking to deny the applicant his rights as a property owner but as a responsible somber of the Commission representing the residents he believed the City should take time to sake a decision in this setter and not be hasty. limber Killer stated that it would not be necessary to continue this matter to ask the Council for a policy statement regarding the rezoning issue beCause the Council say sake that determination when the rezoning issue in this natter is before them. Pegs 31/10.0/11 ADVISORY MANNINO CCI0 ISSION XINUTZS 1109130132 23, 1993 des P yl stated that ohs would recommend approval of the reaming bscauss it 110 + slstsnt with the coatprehsnsivs guide plan. J on,: ats4 that the City Council'. policy for ratite ieaffirmed_in the City's comprehensive guide plan. Rs stated that the City Council can address the issue of psi i this Area at it Bating ofd this natter. Hs further stag th►t to financial burden is not the developer's responsibility pursuant to the City Council's policies. Weber Maley concurred with Member !tiller stating that the rezoning issue vas before the Coamission and the question of lot size is a plat issue to be decided during the next item. Compunity Dsyslopnant Director Reichert stated that there is a .. atnir4uaa lot sire in a * -1 district and it is Ml.:Vb. i Or thf City rya , require larger Pots. City Attorney stated t to tuna s whether to aPprovs the request to 1s sta ted that the dSnia asst not be arbitrary or eaprioions. Weber uoeft stated that the proposed plat indicates that several lots have • large area but 2/3 Stay be under eater. Re questioned bow such area vas under %rater. City Planner Sturm shoved the proposed p lat regard `the lot lines. The "developer stated that the water limo stet al ordinary high water mark requirements. Rerkl•y coved, Killer seconded, the motion to approve • Rezoning of 14.10 AG (Agricultural) acres to an R•1 (Single ritzily) district located along the east side of Dodd Road west of Righvay 3 in Section 3i. *srkl ey, Miller, Maft, Moyl Gorman approved; Voracsk, Wallace opposed. Passed 1-2. SUBJECT: REZONING APPLICANT ARCON DEVELOPMENT, INC. LOCATION: PART OF N 1/2 OF SECTION 36 AND OVTLOT A, DODD VIEW ADDITION =STING ZONING: AGRICULTURAL (A) DATE OF PUBLIC HEARING: - - NOVEMBER 23,1993 DATE OF REPORT NOVEMBER 17,1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of 14.80 acres from A (Agricultural) to R-1 (Single Family). APPLICABLE REGULATIONS: Chapter 11, Secdon 11.40, Subd. S. Amendments, (including zoning). - LOCATION/EXISTING CONDITIONS: The site, located in Section 36, is south of Fitz Lake, east of Dodd Road, west of Highway 3, north of Carol Street (unimproved), and consists of one parcel. P.I.D. #10-03600-070.27 Is currently zoned A (Agricultural). Lakeside Animal Hospital is Located on the eastern portion of this site and takes access from Highway 3. CONSISTENCY WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Guide Plan designates this area as D41 Mixed Residential (0.6 units /acre). The proposed rezoning to R -1 is consistent with the guide plan. RELATED ACTIONS: The applicant has also submitted an application reque sting a Preliminary Plat consisting of twenty lots. PLANNING CONSIDERATIONS: There have been no concerns related to this rezoning ACTION TO BE CONSIDERED: To approve /deny this rezoning request. LOCATION PI,AN _ reS: s r/ ' ROSEMOUNT LOCATION ZONING GUIDE PLAN Waterview Addition MEMO .,...e'er of amen TO Y ! . RTt DIRECTOR OP COMMUNITY DEVELOPMENT tOLBERT, DIRECTOR OF PUBLIC WORKS PROM: 14110 STURM, C$TYPLRNNER DATE: DECEMBER 10,'1.03 SUBJECT: MT G. WITH AREA RESIDENTS REGARDING WATERVIEW ADDITION On Monday . g D cember 6, a was held with approximately 15 residents of South Dodd whh dicuSsiOn ing on general development /public Improvements `If the Wstervfew ems. Pegg geve in ovsMew. on urban service areas and explained that Eagan has plans to ty -. 0040i the residents s atten Nye on the rim South of Fitz Lake. Tom we an overview of the utility comprehensive plans, I sanitary water and storm sewer p that 93% of Ea • n drains toward the Minnesota r and is included In the Gun take Watershed ct. Someone raised the question, 'Who pays for the trunk utilities? Tom responded by providing a history of how Eagan has handled assessments; the ovens of trunk utilities; and distributed e handout on special assessments, tha utilities are usually assessed over a 15 -year period; laterals are assessed o n Is actually needed. No overstztng occurs. He also explained that while there are three kinds or assessments, each Is only done one time and that R -1 devektpment costs are molly $20,000/acre. There was discussion regarding the costs associated with the upgraft of Dodd Road and the residents strongly expressed their desire to Isave the road 'as is. • The residents expressed repeated concern with the W tervtew Addition, stating that they would Ike much less density. They •felt It was thOmPatibre whh the general urge and that Fes Lake Ise natural breakpoint wfth the were In favor of Estate size lots as they fek e. property which ranges In size from one There wens Questions the prooedke for the December 21 City Council * Is fret IMprelielon hey haw one Spokesperson for their group. SUBJEC1 APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC REARING: DATE OF REPORT: COMPILED BY: PRELIMINARY PLAT (WATERVIEW ADDITION) ARCON DEVELOPMENT, INC. PART OF N 1/2 OF SECTION 36 AND OtTTLOT A, DODD VIEW ADDITION R•1 (SINGLE FAMILY) & (A) AGRICULTURAL NOVEMBER 23,1993 NOVEMBER 19,1993 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of twenty lots on 17.84 acres. APPLICABLE REGULATIONS: Chapter 13, Subdivision Regulations (Platting). BACKGROUND: Rezoning and Preliminary Plat applications were submitted for review by the Advisory Planning Commission at their August 24, 1993 meeting. The original ons were for a Planned Development district allowing a mixture of single family and hospital uses. The plat indicated Carol Street to be vacated which was not the case and this hem was continued a month to vacate Carol Street The street vacation was beard at the September 21,1993 City Council meeting where it was again continued due to site- related issues associated to landlocldng Outlot B, Dodd View Addition, and was to be considered with the Final Plat. It was again continued at the September 28 and October 26,1993 Advisory Planning Commission meetings. During Ibis time, staff reviewed revised plans submitted the developer in an effort to develop a new Preliminary Plat. The current owner, Fitz, has derided to discontinue Lakeside Animal Hospital, thus requiring the slug and preliminary plat applicadots to change. The rezoning is to R•1 ( R-1 (Single Family c y and the Preliminary Plat was revised to exclude the animal hospital and its access to Highway 3. The developer and City staff have worked out a possible solution to the vacation of Carol Street In earlier plans, seven lots would have had double frontage from Watervlew Court and Carol Street. The revised Preliminary Plat eliminates these double frontage lots. 1 3 PROPOSAL. Mcon Devel is requesting twenty single family lots on 17.84 acres. Pr+crpv um to the Iota is from one cut- de -sac (Watenriew Court) off Dodd Road. No access,. taken from Highway 3. The lots range is size from 12,981 sq. ft. to 85,050 sq. it and wet alt minim= zonfng requirements. PLANNING CONSIDERATION& SboNIsrd Taft Pits Lake has been &erred a General Development Lake within the Sborelaad Zoning Ordinance and is subject to all its TREE PRIMERVATIONs A Tie Preservation and Tato Replacement Plan has been =WOO this development plan indicates a total of 134 significant trees located on t h i s s i t e ► iNve ity -seven trees, or 17% of the total, wi I be removed as a result of initial T Os stoderd of the Me Preservation Guidelines and no 1 be Satatthid. Of the 27 trees to be removed, several of these are large Oa s wbleb o within the Ioc tfoa of the proposed Waterview Court cul-de-sac. Staff bas reviewed tbis loss of trees with the developer, but unfortunately there does not appear "to Os imIsquati space to redesign the cul-de-sac in order to save an appreciable number of these trees. is should also bs noted that the nce of significant trees on Lots 4-11 and Lot 20, Block rkilt. bow Ow sites to prepare #mdividusi lot ores preservation plans at the tie +oI Ming Welt application. PARK It L DEDICATION: The Advisory Parks, Recreation, and Natural Resources Commission will be reviewing this Preliminary Plat at their December meeting. Cash parks and cash trail dedications are anticipated. GRADING/DRAINAGE/EROSION CONTROL: The proposed development consists of lightly rolling hilts that contain a mixture of grass areas and wooded areas. The north edge alibis site abuts Lake which is as Pond LP -26 in the aty's Comprehensive Storm Water , Plan. Thefor Pond 12-26 was provided in 1992 with the Lakeview Trail Addition, City Project #635. The preliminary grading Plan :haws the majority of this site will be disturbed to prepare the streets and to construct the houses in this development. The maximum fill shown is 8' and the maximum nit is 14 Storm water drainage from the proposed east/west street called Waterview Court shall be directed to a water quanty pond that is located in the northwest corner of this site. The water quality pond shall be designated as Pond 12-26.3 and shall have a storm sewer outlet with a maximum disdiarge rate of 1 c!s that drains to Pond 12-26. The grading along Pond LP -26 shall provide a 30' buffer zone to help prevent erosion into Pond 1226. The grading plan shall show that a 30' section along the south edge of the pond shall.not be disturbed The existing buildings for the animal hospital are shown to be removed. Any existing wells or septic systems on this site shall be plugged and abandoned according to County The development will be responsible for installing and rnaintainiog erosion control measures is accordance with the City's Erosion /Sediment Control Standards. WATEit QUALITY & WETLANDS: This development Is located m Drainage Basin L and will generate runoff that will discharge to Pond LP-26, a 13 - u= pond classified to support inc sect contact recreadon. Water chemistry data collected In 1992 for this pond indicate that the pond's -4 ' water quality is excellent. A treatment pond of at least 0.7 acre -feet in wet volume, a minimum,avera$e depth of 3 feet, constructed according to NURP cep f mpervious surfaces within the design standards, and located to intercept runoff teem proposed development will be recommended by staff. It is especially important to construct the 10 foot wide 10:1 bench at the NWL for this pond since it will be located in a residential area. The developer's consultant has identified the wetland assodated with Pond LP -26 as the oily wetland on the site. The wetland has been delineated and the delineation reviewed and approved by stall. No filling or draining of this wetland is planned and none will be allowed, since the wetland provides a valuable buffer for Pond 11.26. E should be noted that Pond I,P-26 is identified as a general development lake in the City's sboreland zoning ordinance. Staff will stron recommend that the restrictions applying to sboreland alterations for general development aters apply. These proviidons prohibit dem- eans and intensive vegetation clearing within the shore pct drone (25 feet of the ordinary high water mark, in this case) and otherwise limit vegetation - disturbing activities within this tone. Ss recommendations are subject to approval of the Advisory Parks, Recreation, and Natural Resources Commission. , . ls Senitery sewar, she of sufficient and capacity and water main service aapad is erva l b to serve this development from two at the south edge of the Lakeview Trail ay 3. The Sanitary sewer at this location 9 led the Watet main is an 8' line. The ilitersectiOn of Dodd Road and McFadden Trail ur at this location Is an 8" line with an an Si line. The developer has petitioned the City ebe won to this development and the arty has Sniped tbls project as No. 666, Waterview Addition - Utility Extensions. The developer then Wends to qua the utilities in Waterview Court to serve the proposed houses in this development. Tire city hoods to bold the public hearings for the sanitary sewer and watermain extensions before this development receives prepense *r ► plat approval from the Qounc 1. The arty nnntt` approve CIty Project No. 666 prior to plat approval. Ibe be NOW to stub 8" sanitary sewer and 8" waternain to the south oftbe gist `t stub street a the ter orraty calms is proposed. C Uf ttTIONi Street access for the proposed development will be Alt e 24' wide bituminous street with rural sections. The proposes to construct an 800' long ad- de-sac that will connect to Dodd Road to serve proposed lots 2 through 16 of Block 1, and Lots 1 through 3 of Block 2. Proposed Lot 1 k shown to have its driveway access connecting directly to Dodd Road. The development also proposes to construct a 200 -foot long stub street to the south to serve proposed Lot 4 of Block 2. In order to final plat Lot 4 of Brock 2, a temporary cul-de -sac itith a 43-foot radius hall be constructed at the south end of the stub street EASEIM NTS/RJGHT .OF•WAY RMITS: The development APE sha]l dedicate all easements requked for Pond LP-26 to three feet above the high water del of the pond which is elevation 92SA The .. shall also provide an easement over Pond LP-263 to a►eor o.ass a o 3'sboee water level this pond. east of the plat .abutter Hisbway 3 shall dedicate a•317 utility WOO sewer and wateIm In along Higbway #3. i develOpment shall dedicate a 40' half right-of-way for on to the City to vacate the right-of-Way of Carol Street the south edge of the plat. If the vacation of Carol 1S Oil 16 of Block l and Lot 4 of Block 2 will be af IZ000 sq. ft. This development will be responsible for ensurieB that all regulated' agency permits (MPCA, MWOC, Mn. Department of Health, MnDOT,1Vla. DNR, etc) are acquired prior to final plat aPProval• • 1rINANCAL OBLIGATION • Waterview Addition • Based upon the study of the financial obligations collected in the pest and the uses proposed for the property, the following charges are proposed The charges ,re computed using the CIO existing feee schedule and connections proposed to be made to the City's utility system based on the submitted plans. ---� Improvement Um hate . Quantity . Amount guitars Sewer Trunk S.F. S740/lot ' 16 lots *11,840 Water punk S.F. 775/lot 20 lots 15,500 Storm punk S.F. . 71 /sq ft 411,206 sq ft .22.19A Thal AM ON TO BE CONSIDERED: To approve /deny the Preliminary Plat with the following conditions: 1. d.a of plat approval as adopted by Counay action on February 2 1993 shall be complied with: 81, 82„X84, CI, C243, DI, El, Fl, GL and H1 2. All Sbotrelsnd Zooms regulations shall be met 3► *NOW tot qua pr aservatdonn plans shall be prepared on Lots 4-11 and Lot 20, Block 1, at t'be time of building permit application. 4. Lakeside Animal Hospital shall cease operations prior to initial construction. S. Permits shall be obtained for the abandonment of the operational well in accordance with Dakota County and State of Minnesota regulations. d. Fondle ebell be obtained for the aaandonment of the septic system in accordance With City of Eagan and State of Minnesota regulations. > is r+sspoosible for - with the Trice Preservation Plan as 3 tut it r►ti r i be required if 17% of the existing tree removed from the site. 1 The grading shall preserve a 30' buffer zone of undisturbed vegetation along the south edge of Pond LP 26. The proposed lots abutting Highway 03 shall dedicate a 30' wide drainage and utility easement on the final plat to allow for the extension of sanitary sewer and water main along Highway 03. 10. A water quality treatment pond (Pond LP -263). of at least 0.23 acres in surface area at the NWL, 0.7 acre -feet in wet pond vohvae, a minimum average depth of 3 feet, and a maximum discharge rata of 1 eh shall be constructed to treat all runoff &mini# 'to Watervlew Court. 1L The dirmloptosat will. be *OW to stab r miters sower and r water main to the $Ota edgilof tbe p 1t i the right •of-way of the proposed stub street 32. 'The ft04141itta of unholy sewer and wate main to serve this development must be av6o1xe by the City Clouncil prior to final plat approval. 13. *The anal pia* sal defiles** a ponding and utility easement for Pond LP-26 and Pond LP -263 to an elevadon 3' above the calculated HWL's of the ponds. 14. .The .vacation of the existing right -of way for Carol•Street is required prior to final plat approvaL 15. The developmeat shall financially guarantee the eostifor the installation of all public ilities and. streets n to service or accommodate the proposed development located beyond the boundaries of said development 16. In order to 8nat plat Lot 4 of Block 2, a temporary cul- de.sac with a 45 foot radius shalt be constructed at the south end of the stub street STANDARD common OF PLAT APPROVAL A. 1FMenestal Obligation. 1. This development shaft accept Its additional financial obligations as defined In the sts fs report in accordance with the final plat dimensions and the MOS to effect at the time of final plat approval. mint and RIgh .of•Way • t This development shaft dedicate 10 foot drainage and utility •easements Centered Over all tot fines and, In addition, . where necessary to accommodate existing or proposed utilities for drainage ways within the The .development shall dedicate easements of sufficient width and as determined necessary by engineering standards. I This development . shaft dedicate, provide, or inancfally . guarantee the acquisition costs at drainage; ponding, and utility easements in addition to public Street rights-of-way as required by the alignment, depth, and storage Capacity of ail required public utilities and streets located beyond the boundaries of this plat as necessary t service or accommodate this development. Thtf development shall dedicate ail public right -ofway and temporary slope oasermute for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specification. 1. All public and private streets, drainage systems and utillities necessary to provide service to this development shall be designed and certified by a registered professional anpfneer in accordarce with City adopted codes, engineering standards, guidelines and policies prior to application for final IIPProva A detailed grading, dtafnags, erosion, and Willem tm control plan must be prepared in accordance with current City standards prior to final plat *Wont. • a. This development shaIsnsure that all dead -end public streets shall have a cud - de-sac constructed In accordance with City engineering standards. go 4. A separate detailed landscape plan shalt be submitted overlaid on the proposed grading and utility _plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released tire one year after the date of City Certified compliance. D. Public Improvernynt I. If any Improvements ere to be Irotelled under a City coraract, the appropriate prOjett must be approved by Council action prior to final plat approval. 1. 221:021 I. This development shall be responsible for the acquisition of all regulatory - agency permits required by the affected agency prlor to final plat approval. F. Parks and Trails Dedication 1 . This dsysloPment shall fun its park and till dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 0.- Water Quality Dedication 1. This development shall be responsible for providing cash dedication, ponding, or II combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural ResourCe Commission and approved by Council action. 14. �ther 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variant* by Council action. Advisory Planning Commission Approv•d: August 25. 1987 Revised: Revised: City Council 1.ptemb.r 11. 1587 Juty 15. 195 ..1112atita.1110.:-. • LOCATION PLAN ..._......, ROSEMOUNT 8 J 0 tt-+Y • 2+, - .. -- ......m.......... .Nifilrimeiiier-na$74, ,l ,,,,,12t , • • S. +''R.,_. , t,..C. 4 ,4.t . A . , , _ -liVI -3`'r'`; ._ .e. ... , ".! *:. — -- - . ..6.:- 4.i',.• • IDE Pl. _,.14.• .i.i. re! '`.•,:, . z42- :,..., .. -1... !am. fivao ...-1,..i.....;6.1 _. • #iiwigp;•6;=AA,4471,, -s. • t.::;-:r•- 111 4 .1101 Ar -"" ottsariiimatere-. - Ittli • - -,‘")! • • : 13..e .4 • - A r t:;e1 4 4WE': 14;;K•k =41410%146. •••• 46k .$;: • Oiti &vb. < • - A:413tv-Aipr4 • • • • . ds tlAin iliftib>: f a b : .y..• ;; .... y . }y r.. : .•..•lIVAL li 14!t1 •g1:: 4,10 1N•�1! AAAA 14 **WW ut • • t a i ;; ! • t i. . i . 11ta: a i% ttltittift :ibtf•t!!lsbfldb i. i/a1• A I 113111111 11t1U1uiW1fuuu11up U 1 011li111 .......--....•••• • .................... 11i • S .• • 1 • ! � 1 iili2:i• •.s • 1• "emit .110:14 V•iil•! 1. 4,40.3 .�' * a.A . • ��.•• ►. " .i►5h • - w . . r_l► � 11g1Wlfginl : « :::t11s WWRA 311W v ■ • • • ., ti ti • • • , t 1 i 1 OA 4ea 1 1 1 1 1 is el 'i ..d • ; analb *Ms linimbenlo MN. ' *NO 4•;g fiatosla • :` •f• a ••• DO. •••6•616666••••••■••■••••••••••••••••■ • t 11•1 litZ 11,6116.1 •40010 • . .6 • NW. 66•01minnas 10416 AD 411••••■••■•• 4 ■ • es • 0 SITE CITY OF EAGAN FIGURE No. 17 STORM SEWER LAYOUT -MAP AL% WOW Num . OM MOMS esils* SPOlas Mae lbsione IMMO UPS WNW IMMO .. MP* sow mom • MAN 111.111N110 • • •• •••• ammo eions • smossi siessemsou sous . .. . 100.0 MO OW MIMI OM IPONSMO amossat awns . • FIG. NO. 7.1 WE SANITARY SER of UNK LAYOUT cm T EAGAN N FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF • EAGA p� r. • -- "Page 16/11WAN ADVISORY PIANNINi CONiCt 3COM:ES - - 10VEMBER 23, 1993 _ • MLININARY TUT, WITERVINT ADDITION G. . ARCON DIVSLOTNINT, INC. Chairman Voraca opened the next public hearing of the evening regarding a Preliminary Plat consisting Of 20 lots on 14.11 acres located along the oast side of Dodd Road west of Highway 3 in Section 36. CLty Plazuler Sturm stated that the current owner had decided to • dlsconttnus Lakeside Animal Hospital presently on the subject property. He stat•d that the preliminary plat vas revised to exclude the animal hospital and its access to Highway 3. Re further stated that the milled preliminary plat vacates the existing Carol Street which would eliminate double•trontage on 7 lots. • Scott Johnson, president of Arcon Development Inc., stated that the initial preliminary plat included 20 lots plus the animal hospital. He stated the animal hospital was removed in the revised plat. Sr. Johnson stated that there is currently no plat on the property and Carol Street vas established 20 years ago and is now detrimental to the development of the property, making the lots along Carol Street very Small. The daivelopment seeks vacation of Carol Street and this issue vas addressed in several neighborhood meetings. Hr. Johnson stated that tbs proposed lots skeet lot size requirements and the location of the proposed cul-de-sac has the least inpact on the tress, saving 631. NO further stated the preliminary plat is in accordance with all regulations and requirements for drainage into • tbs wetland - Pits Lake. NI concluded that he felt the proposed • preliminary plat would blend well with the area. Doug Johnson, 4775 Dodd Road, expressed concern regarding heavy equipment traffic on Dodd Road. He stated that Dodd Road was not designed to bold heavy equipment traffic and such road has weight restrictions. Scott Johnson responded by stating that the proposed property has access from Highway 3 and he is agreeable to conditional approval of the preliminary plat on the developer accessing the property from Highway 3 and not Dodd Road. Ann Johnson, 4775 Dodd Road, bad Concerns rsq arding ths proposed development. Zs. Johnson invited City staff and oissicn members to visit the area. Nancy Gustafson, 4$22 Dodd Road, inquired with City staff whether tbs guide plan was adopted before the existence of Lebanon Regional Park. Community Development Director Reichert stated that she Page 17 GAN ADVISORY PLANNING COMIIssiON MINUTES 23, 1993 believed the park existed at the time the comprehensive guide plan Was adopted. She further inquired as to whether the intersection of ,d St 064 .`and Wat rviow Court could be controlled by 3-way stop S r. ty atilt responded that that would be an issue to be at a later date with the County. st N.irke, 4675 Dodd Road, stated he lives north of the Cr ud. p� . .. th sulj ,act property. ` bs stated that financially he is not A*rode proposed development but is concerned about the heavy equipment traffic on Dodd Road. r Isyl inquired- with City staff as to the meaning of condition h15. Assistant City. Engineer hoertsch explained that the financial obligations apply to the utilities within the boundaries of the development. der GOMM stated that the issue of trunk connection charges need/ tao►.he addreseed by the property owners with the City Council and the only issue in whether R•1 development is appropriate. He stated that it03. tit Compatible with the area. • 111113004V X.rkley stated that he questioned the proposed developSistts , COPstibility and density. As stated that he favors Use lets but ae rtav that the developer followed all standards and requirements. 8e suggested that the developer reexamine the proposed lot sixes. Scott Johnson replied by stating he wants to stay with the proposed preliminary plat. neater Xerkley stated that he would support the approval of the preliminary plat because it meets the standards. limber Wallas. expressed concerns with the density, toting the lot rises range trims 33,000 to 15,000 sq. tt. Member Xi eV stated that he would t to see the developer work with ' : _ $$ t$t.. £t asy bs " pleasing to the aye for lager lots" `ssp.oially► oh the oast port of the site. lS.. tl stated that she would have to support the preliminary plat Ili proposed. posft stated that the developer had meet the standards but be cannot 'nowt the proposed preliminary plat due to the lot sizes. Cbhairsaa Voreeek asked *ember Hoeft why his decision was not Vigo 1S /EAGAN ADVISORY PLANNING COMMISSION MINUTES *OVE BER 23, 1993 arbitrary to which lumbar Hoeft responded his decision vas not arbitr because: (1) area in which the proposed dsyslopmsnt is located SO unique in character=.(2) the existing,arsa has 3 -5 acre lots and tbs proposed lots would not be..compatible; (3) the proposed development would rsquirs a transition; and (4) the area backs up to a park making it unique. xobar !tiller concurred with Member Mosft. Hsabsr ttarkley questioned vhsthsr the east lots could be combined to increase lot sips. Scott Johnson responded by stating that those lots ars already vide lots, being greater than 100 fast. Hs stated that Its would sit down with City staff to sae if there ars •incentives" to increase lot sizes. Member Molise* inquired vhsthsr the developers financial obligations include connaction chargss.'Bs raised issue with the developer's financial obli for sewer and trunk charges totally approximately =12,000 and obligation respectively, whereas a property owner owning 5 acres would be charged approximately $15,000.00. • Chairman Voracsk stated that based on that information property omen would be forced to subdivide. • aryl moved, !tiller seconded, the lotion to approve a Preliminary Plat consisting of 20 lots located along ths oast side of Dodd Road west of Nighway 3 in Section 36, subject to ths following conditions: 1. These standard conditions of plat approval as adopted by Council action on rebrcary 2, 1993 shall be complied with: Al, '1, 112, 53, 54, C1, C2, C3, D1, sl, 11, al and 311 2. AU Shorsland Zoning regulations shall be alt. Individual lot tripe prsssrvation plans shall be prepared on Lots 4-11 and Lot 20, Block 1, at the tins of building permit application. Lakeside Animal Hospital shall class operations prior to initial construction. S. permits shall bs obtained for the abandonment of the operational well in accordance with Dakota County and State of Minnesota regulations. • • 1. 1 a 3 7 'ego so ADV1SOItY PLUM= C0104133ION =Nu= 2R 23, 1693 46 PrLta ibs11 bs okoOldnod._, for, the abandonment of the septic vigil tumo City of Zegso and atatA ef - i s dsys1opz is TOsPOZ tor ocaplying with the Tree M 'A P1114 Si ltted which states that no aittgati will be requHired it 174 of the existing tree mes Or loos, will to removed trot* tbe site. es fts pi4in h11 a 30' batter sons of undisturbed Nig tbs s�uth edge of Pond LP-26. lots abutting lighway 113 shall dedicate a 30' V_ e drainag 'and utility easement on the final plat to allas. tor ths EitioutiOn Of sanitary sever and water main 4.164 02. tr.atssnt pond pond LP-26.3) of at least ea at the 41110.• Oa acre-feet in vet ag• 4160,4 of 3 feet, and • a - oh iftaz be constructed to to Vaterview Court. 11. The developsent . will be required to stub es sanitary sever and 6 voter sain to the south edge of the plat in the right-of-way of the proposed stub street. 226 The inatellatlan of sanitary sever and watermain to serve Oita develOpsent oust bit authorised by the City Council • prior to final plat 'approval. 13. The final plat shall dedicate a pending and utility easement for Pond Lp and rend SO to an elevation 3* above the OalOilatedIOLti of the • ponds. 246 .2ho vaisition ef tho foisting riobt-ot-way for carol street is recto/red prior to final plat approval. $ I& - y 041 tialMoio117 guarantee tbe costs for i on all tilities and streets 1 ) , , 10* or to the proposed development 1.cat.d beiar of Said developsent. 14. Zn Order to final plat Lot 4 of block 2, a tempOr f. cu1.ds.so With * 42 foot radius shall be constructed at the f south end of the stub 'trait. Page 20/EAGAN ADVISORY PLANNING COIDIISSION 31INUTZS ROVER= 23, 1923 • • _ . - . . ••• • 17. Wo construction equipment stall take access from Dodd Road. All liCSCOSIII shall be taken from Righway 3. Voracek, Kerkley, Killer, Reyl, Gorman. Wallace, Hoeft. • Passed 1-2. • • • • . DATE: TO: t ptOM: SUBJECT: The Advisory Parks Recreation and Natural Resources Commission reviewed the above referenced item at their December 3, 1993 meeting and make the following icornmend1dons to the City Council- relative to Waterview Addition: 1. This proposal will be subject to a cash parks dedication. 2. This proposal will be subject to a cash trails dedication. 3. This proposal will be subject to.the developer providing on -site ponding to meet water Quality treatment requirements. This pond shall have a minimum average depth of 3 feet and a wet pond volume of at least .7 acre feet. KV:cm MEMO ..... of•agan DECEMBER 6, 1993 TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DPIECTOR OF PARKS AND RECREATION WATERVIEW ADDITION 4. The design of the wet pond must be approved by City Water Resources staff. S. Filling or draining of the wetland is prohibited. 6. The developer shall install permanent monuments identifying the boundary of the protected shoreland zone. 7. The Advisory Parks, Recreation and Natural Resources Commission acknowledges that the Waterview Addition preliminary plat tree preservation plan complies with Itse City's Tree Preseryatlon Guidelines and the developer will not be responsible *ties replacement provided that no more than 27 trees, as are now identified, are removed. cc: Marilyn, Wucherpfennig, Planning Aide Ed i$d t, Engineering Technician 9G Agenda Information Memo May 3, 1994 City Council Meeting MESS VARIANCE/PATRICK C. HOFFMAN A. Variance, Patrick C. Hoffman, of 4.25' to the required setback of 50' from DiMey Road, located at 4195 Pond Wynde South, Lot 4, Block 1, Deerwood Ponds, located in the SE 1/4 of Section 21— Patrick Hoffman is requesting a 4.25' Variance from the 50' required setback from Diffley Road right -of -way for Lot 4 B ck 1, Deerwood Ponds Addition. The staff report on this item is enclosed on pages a y through /Qi . ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny the 4.25' Variance from the required 50' setback from Diff ley Road. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 25, 1994 APPLICANT: Patrick C. Hoffman PROPERTY OWNER Colleen M. Hoffman REQUEST: Variance LOCATION: 4195 Pond Wynde South (Lot 4, Block 1, Deerwood Ponds Addition) COMPREHENSIVE PLAN: D -1 Single Family ZONING: R -1 Single Family CASE #: 21- V- 7-4 -94 HEARING DATE: May 3, 1994 PREPARED BY: Shannon Tyree SUMMARY OF REQUEST Patrick Hoffman is requesting a 4.25' variance from the 50' required setback from Diffley Road right of way for Lot 4, Block 1 Deerwood Ponds Addition, located in the SE 1/4 of 21. AUTHORITY FOR REVIEW; City Code Section 11.40 Subd. 3.B.4. states that In considering all requests for a variance or any subsequent appeal, the City staff, the Advisory Planning Commission and the Council shall make a finding of fact that the proposed action will not: (a) Impair an adequate supply of light and air to adjacent property. (b) Unreasonably increase the congestion in the public street. (c) Increase the danger of fire or endanger the public safety. (d) Unreasonably diminish or impair established property value within the neighborhood. (e) Disrupt the traditional practices or social cohesiveness of the community. (f) Or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions. Planning Report - Hoffman Variance May 3, 1994 Page 2 BACKGROUND/HISTORY; Deerwood Ponds Addition was platted in 1992. Originally the site was platted as Outlot D, Knob Hill of Eagan. The site was has a number of natural wetlands and its topography ranges from moderate to severe. Most of the vegetation is a mixture of mature and secondary woodlands. Two private streets were platted in order to achieve a lot layout which could accommodate the existing conditions. EVALUATION OF REOUEST The applicant is proposing the construction of a home on Lot 4, Block 1 which is located east of Cashell Glen Road, south of Pond Wynde South, and north of Diff ley. Road. It is the last home on the private drive. The topography of the lot gently slopes down ward to the west and then begins to drop off more significantly even further west to the edge of the site. The proposed home can be built on the lot without the granting of a variance, however in and effort to save four mature oak trees ranging in size from 48" to 68" and to eliminate the need to disturb the side slope at the back line of the building, the applicant is requesting the Council approve the granting of a 4.25' variance. Mr. Hoffman is suggesting that by granting the variance the home can be built on the "flatter" portion of the site. The home as proposed will be located approximately 80' from Diffley Road and approximately 30' above Diffley Road. A 4.25' variance would be negligible from Diffley Road. The initially proposed Lot 4, Block 1 had an additional triangular area (located adjacent to Diffley Road) originally proposed to be highway easement and with the final plat was dedicated public right of way. This reduced the setback area by approximately 20'. SUMMARY /CONCLUSION After reviewing all of the information and visiting the site, staff believes that a physical hardship exists and that permitting the variance will reduce the amount of disturbance to the slope and preservation of the trees. In addition, every effort should be made to preserve the large oak trees during the construction of the home. RECOMMENDATION To approve the 4.25' variance from the required 50' setback from Diffley Road with the following conditions: 1. Erosion Control fencing shall be installed prior to issuing a building permit. 2. Erosion Control fencing shall be placed around the large oak trees to be preserved prior to the issuance of the building permit. 3. All other City Code requirements. • • v YiwPl. 1 Juu,r`ER r1 : r 1) MOWN RI t M r SUbr4c PT FIR PT. N. No. 01 [ UTit? RIM ENVOI LA Tr•r! !RE DEf T COM.M!. R. . V T.J.n Misrl (� IR% IMO ,$II A Pr P1 CA% fIrI .. Pic lr' - PAR E X .. -_-•._ ...._... •. Ritter tity/ •. ENGLER1' `RR, L tArt J.hJp=• "1 i SW 1 v L LAGAN Mu rc rAL CENYEll Sr 11� LOCATION 160 wo rryw'T 7E " Nit • ' • RiPWI • Yr»Ry 1L •I1/4 of F vas • 0., (Co. • Rd, n E • • .r. ..l••.. w DITION ' e. 1 • •11101 s AAA • .4 1l1 1 •$ 1 . • i . 1: 1.. .• • I NN.e 1 .w. itt lot 111 M.. toot Nq • 1N 11 J� Abe. i • • 1 1 • .w,uv1 • w,,e, • •:.w *A. .».:.. own Imo A1em OF *AT MA II WO is $ IS A 1 DIf f LE Y ROAD) r �• t, f HIGHWAY NV. ; f • " �0 j� J •.•M AMMERJLA r 441 4 NNW & ASSOCIATES ENGINEERING SURVEY PLANNING .Mt MrY• in" sod tames ,rMNbr' r" M M Itodtaokr ea ago Mtriw/ wr «M ma 18110 0 WM 00001 404 04 led* 400MMIkomook Mar. ass. No. ea 0100•.. .4$ LIM& °ES 4. SAC,o K I. OBORWOOO OAKOTA •v traNetOIL i 1 7 4 I slet 13 '94 16: 03 t•ER11A i kSSCrC.. Ili.. CERTIFICATE OF Es SURVEY FOR HOFFMAN HOMES . • 1.s 1. • • tpprotal 7 an MOM 1:::3 arm* Proprod 00010 0.01101 gal 001006 PoadMbn gt1.4 Tp d IU I Toe d Ip•MOiii sva Top "bed soM aey.tr.. w oomai za 0er.111.' 8 Na M,t. !6 t.S • . ..q • ..• • 4• • ,.M..�w •� M M .. � MA en -- fi g. , _ 4 ,, n ` Sew or 6� � • ' ; .. li" 0.41 qn ' • • • .. ... a. 4 ., l• Oi ' 'I lk e ff 411 • -......., ,......... k9 3 .• • Agenda Information Memo May 3, 1994 City Council Meeting VARIANCE/AMERICAN CONCEPTS, INC. EAGAN CONVENIENCE CENTER B. Variance, American Concepts, Inc. Eagan Convenience Center, for a 27 sq. ft. variance to the Sign Code maximum size for Lot 1, Block 1, Eagan Convenience Center- - The Eagan Convenience Center is seeking a27 sq. ft. Variance to exceed the maximum 125 sq. ft. pylon sign face area allowed per si a tated i the City's Sign Code. The staff report on this item is enclosed on pages pi through ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny the 27 sq. ft. Variance to exceed the maximum 125 sq. ft. pylon sign face area for the Eagan Convenience Center. SUMMARY OF REQUEST BACKGROUND PLANNING REPORT CITY OF EAGAN REPORT DATE: April 25, 1994 CASE #: 15- V- 5-4 -94 APPLICANT: Krause- Anderson Realty Co. HEARING DATE: May 3, 1994 PROPERTY OWNER American Concepts, Inc. PREPARED BY: MIKE RIDLEY REQUEST: Variance LOCATION: 1380 Duckwood Drive (NW 1/4 Sect. 15) COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: CSC, Community Shopping Center Krause- Anderson Realty Company, on behalf of the owners of the Eagan Convenience Center, is seeking a 27 s.f. Variance to exceed the maximum 125 s.f. pylon sign face area allowed per side as stated in the City Sign Code. The property (PM # 10- 22415- 010 -01) is located at the southeast intersection of Duckwood Drive and 'Crestwood Lane. Eagan Convenience Center received City approval in 1986. In 1992, Tires Plus began leasing space and operating, via conditional use approval, in the portion of the center that had housed restaurants that had included Dairy Queen, Green Mill, and Ping's. As part of the lease agreement the property owner granted Tires Plus full control of the existing pylon sign. This resulted in the pylon sign copy changing from multi- tenant to solely a Tires Plus logo and a Tire Plus changeable- letter, reader board sign. MBE The existing pylon sign has a 64 s.f. logo and a 40 s.f. reader board for a total sign area of 104 s.f., all of which is dedicated to Tires Plus. As mentioned previously, the Sign Code allows a maximum of 125 s.f. of pylon sign face per side. The applicant is proposing the addition of a 48 s.£ sign for the purpose of identifying the other tenants in the center. ( According to the applicant, the hardship is that except for Tires Plus, all of the other tenants rely on storefront signs that face north on Duckwood Drive which makes the additional signage necessary to generate more exposure on Pilot Knob Road. As proposed, the additional 6'x 8' signage will provide each of the remaining six tenants an 8 s.f. sign (1'x 8'). This signage will only be located between 8' and 14' above grade. It is staff's opinion that signage of this size, at this height, will not be visible from over 200' to the west to traffic traveling 45mph on Pilot Knob Road. As an alternative, a reallocation of sign space whereby the Tires Plus logo remains the same but the message board area is dedicated to the remaining tenants in the center. This scenario eliminates the applicant's perceived hardship as well as the need for a variance. Also, the message board area could be increased from 40 s.f. to 56 s.f. (total sign area of 120 s•f) which results in a total sign face area consistent with Sign Code requirements. RECOMMENDATION Based on the foregoing analysis and listed conclusions, staff recommends denial of this variance request. / - b. co March 31, 1994 City of Eagan Planning Commission 3830 Pilot Knob Road Eagan, MN 55423 RE: Eagan Convenience Center 1380 Duckwood Drive Members of the Planning Commission: I represent the owner of the Eagan Convenience Center on Duckwood Drive who is American Concepts. We are requesting a sign variance. The signage we are proposing is 48 square feet in addition to the existing 97 square foot Tires Plus sign, resulting in a 28 foot variance of the City criteria. The pylon sign is located on the northwest corner of the property. All of the other tenants rely on storefront signs that face north on Duckwood Drive. To generate more exposure on Pilot Knob, an additional sign attached to the existing Tires Plus sign is requested. The 48 square foot sign is necessary to accommodate all of the tenants. Sincerely, US- ANDERSON REALTY COMPANY Laura S. Brant Property Manager LSB /dlp enclosure KRAUS- ANDERSON REALTY COMPANY Development • Leasing • Management iaAl 523 South Eighth Street • Minneapolis, MN 55404-1078 • 612/332 -1241 • FAX 612/332 -8940 1 10% 1 ocAnom .�...' ter t , , , . ."*.t. WV N il kvaTIL ) i r, 1 E w • • Al 0 A II. 0 A m • o • • • O Duel P 00/4 , 0 1 $l tetcl E r� �llil r 'file) li ('' (e r( et C roe Al (,, -*11611 {)441 ®I 1= X lot .) I( • • loo F SCALE — . 1" � 4' Agenda Information Memo May 3, 1994 City Council Meeting WAIVER OF PLAT /MAROTZKE C. Waiver of Plat, Marotzke, to split P.I.D. #10- 03600 - 011 -81 for individual ownership located south of Gun Club Road in the SE 1/4 of Section 36 - -Earl and Doris Marotzke are requesting a Waiver of Plat to divide an 11.96 acre parcel into two 5 -acre parcels and a 1.96 acre parcel that exists as a non-contiguous portion of the overall parcel. The staff report on this item is enclosed on pages j(( through The Advisory Planning Commission conducted a Public Hearing on this matter at its meeting of April 26, 1994. The Commission recommends approval of the Waiver subject to the four conditions set forth in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny the Waiver of Plat for P.I.D. #10- 03600- 011 -81 subject to the conditions set forth in the staff report. Ill REPORT DATE: APRIL 15, 1994 CASE #: 36- W- 1 -1 -94 APPLICANT: DORIS & EARL MAROTZKE HEARING DATE: APRIL 26, 1994 PROPERTY OWNER: DON MAROTZKE PREPARED BY: SHANNON TYREE REQUEST WAIVER OF PLAT LOCATION: 10- 03600-011 -81 SE 1/4 SECTION 36 COMPREHENSIVE PLAN: D -I SINGLE FAMILY RESIDENTIAL ZONING: A - AGRICULTURAL & I -1 - INDUSTRIAL fiUMMARY OF REOUEST Doris and Earl Marotzke are requesting a Waiver of Plat to split parcel 10- 03600- 011 -81, zoned A - Agriculture and I -1 - Industrial, for individual ownership, located in the SW corner of Gun Club Road in the SE 1/4 of Section 36. AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN City Code, Section 13.02, Subd. 2.A. Council Waiver, states: / 12 "The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter, or, 2. Where an approved plat can be achieved by deviation from certain provisions of this Chapter." Planning Report - Marotzke Waiver of Plat April 26, 1994 Page 2 BACKGROUND/EXISTING CONDITIONS A. Background. Earl and Doris Marotzke owned 11.96 acres west of Gun Club Road two parcels (one 10 acre portion and one 1.96 acre portion) make up the 11.96 acres; they are not contiguous. In 1993 they wanted to sell their son Donald Marotzke a 5 acre parcel to construct a single family home. Due to time constraints and the length of time necessary to obtain a Waiver of Plat they deeded to Donald all 12 acres of parcel # 10- 03600. 011 -81, so he could proceed with his building permit application. He now has a single family home on five of the 10 contiguous acres. Now that the home has been constructed Donald would like to deed back to his parents the southerly five acres of the 10 acre site, and the remaining 1.96 acres zoned industrial of parcel 011 -81. This item was heard at the March 22, 1994 Advisory Planning Commission meeting where it was continued for 30 days due to the implied changes occurring at the time regarding the location of the elementary school and the potential reconfiguration of Gun Club Road. B. Existing Conditions. • There is an existing house on the northern five acres. * The northerly five acres is heavily wooded and slopes down from Gun Club on the north towards the tower and flatter southerly five acres. The southerly five acres of the site contain nursery stock trees. • The southerly two acre portion is open and is located just south of the West End Gun Club Building and is zoned I -1 (Industrial). C. Surrounding Uses. The following uses, zoning and comprehensive plan designations surround the subject Property. North - printing shop, snow removal, repair; zoned I -1; designated D -I, South - unplatted single family home; zoned A & I -1; designated D -I. East - unplatted single family home; zoned A; designated D -I. West - West End Gun Club; zoned PF (Public Facilities); designated D -I. //3 Planning Report - Marotzke Waiver of Plat April 26, 1993 Page 3 EVALUATION OF REQUEST A. Introduction. The proposed Waiver of Plat is located south of Gun Club Road which is involved in an area wide review due to the proposed Pines Edge Addition rezoning and preliminary plat, associated parkland development and the future location for a new elementary school. The location of the school has been defined. B. Waiver of Plat. las, The two northern lots meet the five acre minimum lot size required in an Agricultural zoning district. The southerly 1.96 acres meets the I.1 requirements. Setbacks, The existing building meets the setback requirement in an Agricultural district. Grading - The developer does not propose any grading with this Waiver of Plat. The north 2.5 acres of this site contains a thickly wooded area that provides screening to the industrial area to the north. The rest of the site is an open field with small nursery stock growing on it. Storm Drainage/Water Quality - The developer does not propose any storm sewer or water quality improvements with this Waiver. This development drains directly to Pond LP -23, which is classified as a nutrient basin on the City's Water Quality Management Plan. Access /Street Design - Street access is currently provided to this area from Gun Club Road, which is a publicly maintained gravel street. The City has accepted a petition from ISD #196 and Shamrock Development to prepare a feasibility report for the upgrading of Gun Club Road. The City is in the process of studying alternative alignments for Gun Qub Road, access points from TTi 3 to the entire area eastward, including the Marotzke's, the new school site, and the proposed Pines Edge Addition. This study could result in changes to Gun Club Road. Utllitiee - No utility extensions are being requested by the applicant at this time as part of this lot division. However, the City is in the process of studying alternative alignments for utility service to this area under City Project #673, Gun Club Road - Streets & Utilities. If this project is implemented, city sewer, water and storm sewer would be available to the subject property, permitting further subdivision. The existing house that is located on the north 5 acres of this Waiver of Plat is currently served by a private well and septic system. Planning Report - Marotzke Waiver April 26, 1994 Page 4 Easements/Right -of -Way. As a condition of this waiver, dedication of a drainage and utility easement over Pond LP -23 up to 3 feet above the HWL of the pond should be required. Dedication of a 30 foot half right -of -way will be required for Gun Club Road. COMPATIBILITY WITH SURROUNDING AREA The 5 acre lots would be compatible with existing surrounding land uses and the City's Plan. The 1.96 acre Industrial site is not consistent with the City's guide plan of D -1. SUMMARY /CONCLUSION The proposed Waiver of Plat has minimal impact on the surrounding area and is requested by the owner and his family for tax purposes only. Because there are no proposed actual developments, including no utility improvements related with this Waiver of Plat, and further development would require typical Code requirements, Staff is recommending approval of this Waiver. RRECOMMENDATION To approve the Waiver of Plat for PID# 10- 03600- 011 -81 with the following conditions: 1. This Waiver of Plat for parcel 10- 03600- 011 -81 shall be recorded with Dakota County Recorders Office within 60 days of its approval. 2. Dedication of a drainage and utility easement over Pond LP -23 up to 3 feet above the HWL is required. 3. Dedication of a 30 foot half right -of -way for Gun Club Road. 4. All other City Code requirements. FINANCIAL OBLIGATION - 36- W- 1.1 -94 10-03600-01141 There are pay -off balances of special assessments totaling SO on the parcels proposed for platting. The pay -off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for which the waiver is requested. A feasibility study. for Project 673 was recently ordered; this property will probably be affected by that project. The estimated finandal obligation presented is based upon areas, dimensions and land uses for the parcel which the waiver of plat is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the aty's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. 51,160 /Ac 9.6 Ac S15,456 Water Trunk S.F. $1,685/Ac 9.6 Ac 16,176 Storm Sewer Trunk S.F. .074 /sq ft 418,176 sq ft 30.945 Total S6_ 1 ! JctvrI J1'i _/ JI LING Irk k)l,A,i/a2 Sketch of Parcel 10s 10 03600 011 81 Present Owners Earls Doris Narotzke 535 Gun Club Road Posetaount, Hti 55060 -3915 • thereby certify That INN survey. Alen. or report was prepared by me or under my direct supervision end the11 am a duly Registered lend Surveyor under the laws of Ihe State of Minnesota. -- Na1- 5o•a./a4../ / / % EA (0 Po ^/0, Z 03 -01 -93 12 -06 -93 Dated h9.; iteA/65 r� G.. (.0 - Efe6P17 a NO. 4t 0 1 1 89 -5q• /oE 1114. - x312.50 c1ii. Delmer If Schwsni Minnesota Registration No S62S K es- , • w! `,/ ter. _. -..1 ••••••••• me. :.:y � . ` , \ • \ 1 \ • • \•\ .•\ • ••,,I a1 \ • • • • • • EA�C J Doe�5 ,Pec� ' • • ... ` - . ; ` � .b``_' o_` • , - -. - . 1 � ie %�� % - ; las 10 . S.. •i i • v 1 - i • %),.. , 1 1 1 1 / , •• - _ , • • N, . 1 . ♦• 1 1 1 .0 ! . • .• % • • 1 • 1 1 \ 1 J —�� ♦ \ ‘ 1 \ \ \ 1 • ••. I 1 • /,q6 / ArPI5 \ \ \ eje 1 I I . — • / ` � • i /• �'`�_.�` _ _ • 1 - •. _ • 1.._.!1 • _! • • • t • • RECEIVED JAN i i r.;!, . • . 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Ler, 1 ) (1 14 c, / c, / .r 2 c... SENT BY: 4 -28 -94 ; 10 :01 ;SEVERSON WILCOX SHEL -+ WAIVER Oa PLAT - MAROTIRZ Chairman voraaek opened the next public hearing of the evening regarding a Waiver bf Plat to split P.I.D. 010- 03600- 011 -81 for individual ownership located south of Gun Club Road in the 8E 1/4 of Section 36. Project Planner Tyree introduced this item. MS. Tyree stated that the applicants, Doris and Earl Marotake, era requesting a Waiver of Plat in order to split their 11.96 acrs parcel located in the .outhwest corner of Gun Club Road in the SE 1/4 of Section 36. She explained that the parcel would be split into two parcels consisting of cite 10 acre portion and one 1.96 Acre portion. She further advised that in 1993 the applicants to their son a 5 acre parcel to construct a single- faeily hole, but due to time restraints necessary to obtain a Waiver of Plat the applicants deeded all 11.96 acres to - their son so he could proceed with his building permit application. Me. Tyres stated that the sons hole is now constructed and the son seeks to deed back to his parents the aoutherly 5 acres of the 10 acre site and the remaining 1.96 acre. She further advised that the house presently exists on the northern 5 acres, which is heavily wooded and slopes down from Gun. Club Road to the north. The southerly 5 acres of the site contains nursery stook trees and the southerly 2 acre portion is open and located just south of the West End Gun Club Building, v'hich is zoned I - 1 Industrial. Ms. Tyree further stated that the two northern lots meet the 5. acre minimum lot size requirement and all setback requirements. she further stated that the applicant does not propose any grading, storm sewer water quality improvexents or utility iaprovemente. Al. Tyree stated that the subject property is currently accessed from Gun Club Road, but noted the City is in the process of studying alternative alignments for Gun Club Road, and access points from Highway 3 to the entire area eastward, including the applicant's property. She concluded that the proposed Waiver of Plat has minimum impact on the surrounding area and is requested by the applicant only for tax purposes. Further, Ms. Tyree stated because there are ho proposed actual developments proposed, staff is recommending approval of the Waiver of Plat request. The applicant, Doris Marotaks, was present but made no comment to the Coemission. Member Segal inquired as to whether the location of the proposed new elementary school was resolved to Which Community Development Director Reichert responded that it was. Member Esyl inquired se to whether the southerly 1.96 acre paroei is a landlocked parcel and if so whether the Commission shall consider this fact in considering the applicant's request. Project a3 DRAFT 612 681 4612;# 2/22 l■94% 1 612 432 3180 04-28-94 11:06AM P002 1f33 SENT BY: BAGAI( ADVISORY PLANING COMMISSION MINUTES APRIL 26, 1994 4 - 28 - 94 ; 10 :01 ; SEVf RSON W I LCOX S1fL-• 612 681 4612;# 9/22 DRAFT Planner Tyree stated that the parcel was a landlocked parcel because there is no access franc the. south of Gun Club Road. She further stated that the Coeuiosion should consider this in its decision - making. City attorney Dougherty advised the Commiesion that granting the Waiver of Plat does not create a landlocked parcel because it presently exists now. Chairman Voracek inquired as to how the Coamiasion could condition access to this landlocked parcel if the applicants have no control over the land on which an access would be obtained. City Attorney Dougherty responded that the parcel is not proposed to be developed and therefore access is not an issue for the Commission's consideration. Project Planner Tyree clarified that access to this landlocked parcel is not a condition of approval of the request for Waiver of Plat but instead it is a condition of the property to be considered in deciding to approve or deny the Waiver of Plat request. Wallace moved, Markley seconded, the motion to approve a Waiver of Plat to split P.X.D. #10- 03600- 011 -81 for individual ownership located south of Gun Club Road in the SE 1/4 of Section 36, subject to tee following conditioner: 1. This Waiver of Plat for parcel 10- 03600- 011 -81 shall be recorded with Dakota County Recorders Office within 60 day of its approval. 3. Dedication of a drainage and utility easement over Pond LP-23 up to 3 feet above the RWL is required. 3. Dedication of a 30 foot half right - of-way for Gun Club Road. 4. all other City Coda requirements. all present voted in favor. fc 7 ' 1t ■94% 612 432 3780 04 -28 -94 11:O6AM P003 #33 Agenda Information Memo May 3, 1994 City Council Meeting WAIVER OF PLAT /FRANK H. RECHTZIGEL D. Waiver of Plat, Frank H. Rechtzigel, in order to split Parcel 011 -50 for individual ownership located along the north and south sides of Deerwood Drive east of I -35E in the SW 1/4 of Section 21 -Frank Rechtzigel has submitted a Waiver of Plat request to split a parcel Located upon both sides of Deerwood rive east of I -35E. The staff report on this item is enclosed on pages / / 0 The Advisory Planning Commission conducted a Public Hearing on this matter at its meeting of April 26, 1994. The Advisory Planning Commission concurred with the staff recommendation to allow a Waiver of Plat creating two parcels only, one on each side of Deerwood Drive. The Commission felt that any further subdivision of the property south of Deerwood Drive should be part of an overall planned subdivision of the entire area in order to insure the orderly and economic development of the property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Waiver of Plat for two parcels, one on each side of Deerwood Drive, of the existing Parcel 011-50, southwest quarter of Section 21. l PLAN REPORT DATE: APRIL 12, 1994 CASE #: 21- W- 3 -3 -94 APPLICANT: FRANK H. RECHTZIGEL HEARING DATE: APRIL 26, 1994 PROPERTY OWNER: ESTATE OF FRANCIS C. PREPARED BY: JIM STURM FRANZ REQUEST: WAIVER OF PLAT LOCATION: SW 1/4 SECTION 21 COMPREHENSIVE: D-H ZONING: A (AGRICULTURAL) SUMMARY OF REQUEST AUTHORITY FOR REVIEW PLANNING REPORT CITY OF EAGAN An application has been submitted requesting a Waiver of Plat in order to split Parcel 011-50, SW 1/4 of Section 21, into four parcels. The agriculturally -zoned site is located along both sides of Deerwood Drive east of l -35E. No development will be occurring as a result of this request. City Code, Section 13.02, Subd. 2, Council Waiver, states: 'The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. to which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter; or, 2. Where an approved plat can be achieved by deviation from certain provisions of this Chapter." �a4 Planning Report - Frank H. Rechtzigel April 26, 1994 Page 2 BACKGROUND The entire site is approximately 43.5 acres. Deerwood Drive physically separates the northerly 3.4 acres from the southerly 40.1 acres. MnDOT acquired the Deerwood right - of -way and constructed a bridge over I -35E in the mid- 1980's. At that time, it would have made sense to give the north and south sides different tax identifications; however, this was not done as no City action was required. Last month, the applicant submitted an application for a Waiver of Plat in order to separate the northern portion from the southern portion. The northern area will be sold and platted for development by another party. Since then, the applicant has revised his request to create four parcels: 1. One on the north side of Deerwood Drive. 2) A five -acre parcel with approximately 106' of frontage along Deerwood Driive. 3) A residual parcel between the five -acre parcel and Deerwood Drive. 4) The remaining 31.8 acres. This property was owned by the late Francis Franz. Five acres was to be willed to the applicant, Mr. Rechtzigal, and the family trust governs the remaining property. No configuration of the five acres was previously determined in the will. EXISTING CONDITIONS Currently there is a single family home and pole building on the south side of Deerwood Drive near the east property line. The site has a great deal of grade change and is heavily - wooded on some hillsides. The highest spot on the site is at the southwest portion of the southern side. The City would like to acquire that area for a future water reservoir. SURROUNDING LAND USES The following uses, Zoning and Comprehensive Guide Plan designation, surround the subject site: north and west -1 -35E; south - undeveloped, zoned Agricultural and guided D-11; east - undeveloped, zoned Agricultural, guided D -II, with a middle school currently under construction. VALUATION OF REQUEST A. Lot Sizes. Agricultural districts require five acres per dwelling unit; two of the proposed parcels do not meet this requirement. The Code also requires a 300' minimum lot width and the proposed five -acre parcel is only approximately 106' wide where it abuts Deerwood Drive. Planning Report - Frank H. Rechtzigel April 26, 1994 Page 3 Staff had no concern with the original proposal consisting of two parcels; however, the following concems are raised with the current proposal consisting of four parcels. 1. The southern 3.4 acre parcel that would be created is not just the result of a previous action, and it would not meet the five -acre minimum lot size required for Agricultural (A) zoning. w 2. The proposed five -acre parcel does not have a 300' lot width. : The driveway serving the five -acre parcel containing the home actually connects to Deerwood Drive on the proposed parcel to the north. If the five acres was reconfigured along the east side of the site, all City Code requirements would be satisfied (d the driveway was relocated). This would also eliminate the southern 3.4 acre parcel. B. Transportation Impacts. The Transportation Plan element of the City's Comprehensive Guide Plan identifies the need for a major north /south roadway connecting Diffley Road with Deerwood Drive through the property proposed for subdivision under this Waiver of Plat. At this point, without the benefit of any preliminary concepts for development which in tum would Identify a corridor for the north /south road connection to Deerwood Drive, it is premature to support any subdivision of property located south of Deerwood Drive. C. Water, Sewer, and Storm Drainage. The City's Comprehensive Water Supply and Distribution Plan identifies the need for approximately 3.0± acres for a 6 million gallon ground storage water reservoir to be constructed in the southwesterly corner of the proposed Parcel B adjacent to 1 -35E. The Water Supply and Distribution Plan also Identifies a need for a major 16" north /south trunk watermain to be installed through the property as well as the east /west connection Of an 18" trunk water Une to complete the City's trunk watermain system from west of 135E to the existing trunk watermain located on the Deerwood School property. The City's Comprehensive Sewer Policy Plan identifies sewer service to this area as being taken from the trunk sanitary sewer which exists along the easterly property line of the Deerwood Elementary School. No sanitary sewer lateral exists adjacent to the property proposed for subdivision under this Waiver. �a$ Planning Report - Frank H. Rechtzigel April 26, 1994 Page 4 The City's Comprehensive Storm Water Management Plan identifies a ponding area to be developed in the north central portion of the site located south of Deerwood Drive. The Stormwater Management Plan also identifies a need for a north /south trunk connection to two proposed ponding areas located in the southerly adjacent property. D. Future Subdivision/ Development: The platting of the subject property into two parcels at this time, separated by Deerwood Drive, can be a fairly simple and straightforward matter Further subdivision or development of Parcel B, however, will require more careful planning and coordination with the City to incorporate appropriate provisions for City thoroughfares, water reservoir, and utilities /storm drainage as noted above. Specifically, prior to any future approvals for grading, subdivision, or development of Parcel B, the following actions will be required. 1. The property owner and City will need to agree on the location of approximately three acres in the southwesterly corner of the property to be acquired by the City for construction of a 6.0 million gallon ground storage water reservoir. The property owner and City will need to agree on the location and right -of -way dimensions of the future north /south collector road between Deerwood and Diffley. The property owner and City will need to agree on the size and location of ponding and trunk sewer lines that must be located on the property consistent with the City's comprehensive utility plans. These agreements will need to be legally executed as part of a plat of the entire parcel B or, in the case that only a portion of Parcel B is to be platted (e.g. 5 acres), a legal agreement between the property owner and the City to be recorded with the property title and binding on any future owners. SUMMARY /CONCLUSION No concems or issues were raised by staff with the original proposal consisting of two parcels. The revised proposal consisting of four parcels creates a parcel under the five - acre minimum; and a parcel without 300' of lot width'. As a result, the revised proposal does not meet city zoning and subdivision requirements. In addition, approval of any further subdivision of Parcel B will require further planning and coordination between the property owner and City to ensure that adequate provision is made for implementation of City thoroughfare and utility plans. Planning Report - Frank H. Rechtzigel April 26, 1994 Page 5 RECOMMENDATION Staff recommends approval of a Waiver of Plat creating two parcels only; one on each side of Deerwood Drive. FINANCIAL OBLIGATION - 10- 02100- 011 -50 There are levied assessments with an unpaid balance of $0 which will be allocated to the parcels created by this waiver of plat. The financial obligation is subject to change based upon the areas and dimensions of the plat contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's adopted fee schedule and the connection and availability of the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Trunk S.F. $1,685/Ac 28.22 Ac $ 47,551 Storm Sewer Trunk S.F. .074 /sq ft 1,229,263 sq ft 90.965 Total 138 1 .¢ Areas are 80% of total parcel area. �3l �3a ocivrioil ZONING N w `- � 1AN PAW air FITE] I 91 ACKHgw PARK 100 !16 li A 70.2/92.0 i6 . PROJECT SITE EAGAN 1 3S BERR16041794 PARK • FIGURE 6.A.3.a: THOROUGHFARE MAP • 6 EAGAN, MINNESOTA INTERSTATE FREEWAY 150300 ft. OTHER PRINCIPAL ARTERIAL 154200 ft MINOR ARTERIAL 104150 It COMMUNITY COLLECTOR 110 ft. NEIGHBORHOOD COLLECTOR 60 ft. t DASH LNNE REPRESENTS FUTURE ROADWAY SEGMENT N • 4 w w SENT BY: EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 Chairman Voraoek opened the next public hearing of the evening regarding a Waiver of Plat in order to split Parcel 011 -5o for individual ownership located along the north and south sides of Deerwood Drive oast of I -351 in the SW 1/4 of Section 21. Project Planner Ridley introduced this item. He stated that the applicant is requesting a Waiver of Plat to split a 43.5 acre parcel into 4 parcels. He stated that the subject site is Agriculturally zoned located east of I -358 but physically divided by Deerwood Drive. Ir. Ridley explained that Deerwood Drive physically separates the northerly 3.4 acres from the southerly 40.1 acre. Ha advised that the applicant originally submitted an application for Waiver of Plat in order to Separate the northern portion from the southern portion as a result of Deerwood Drive. Mr. Ridley stated that the applicant, however, has Since revised his rsqu ®et to create 4 parcels consisting of the 3.4 acres on the north side of Deerwood Drive, a 5 acre parcel of approximately 106 feet of frontage along Deerwood Drive, a rectangular - shaped parcel between the 5 acre parcel and Deerwood Drive, and the remaining 31.8 acres. Mr. Ridley stated that staff has no ooncerns with the Original Waiver of Plat request for 2 parcels, however, the present application for Waiver of Plat of 4 parcels is problematic for the following reasons: 1. The southern 3.4 acre parcel proposed to be created is not a result of a previous City action and it fails to meet the 5 acre minimum lot size for Agricultural districts; 2. The proposed 5 acre parcel does not have a 300 foot lot width; and, 3. The driveway serving the 5 acre parcel, which contains a house, connects to Deerwood Drive within the proposed rectangular parcel. mt. Ridley concluded that staff recommends approval of a waiver of Plat creating .3 parcels, one to the north of Deerwood Drive and the other to the south of Deerwood Drive. Dan Sheridan, attorney for the Estate of Francis C. Franz, was present. Mt. Sheridan explained that the Estate currently owns the property but Mr. bans requested in his will that the house and the surrounding 5 acres be given to the applicant, Frank H. Rechtzigel. He explained that when he originally met with City Planner Sturm six R ■95X 4 -28 -94 ; 10 :02 ;SEYERSON WILCOX MEL- 612 681 4612;# 5/22 WAIVER 01 PLAT - PRll= 8. 211 DRAFT 612 432 3780 04 -28 -94 11:06AM P005 3133 SENT BY: EAGAN ADVISORY PING COMMISSION MINUTES APRIL 26, 1994 4-28 -94 ; 10 :03 ;SEVERSON WILCOX SI9:L-i 612 681 4612;# 6/22 DAFT parcels were originally proposed. Noting that N . Sturm was reluctant with six parcels, the applicant, according to Mr. Sheridan, then proposed 4 parcels to prohibit any landlocked lots. Ns stated that City Planner Sturm showed no reluatanee with the proposed 4 parcels. Mr. Sheridan explained that the applicant is requesting to separate this land in order to proceed withtha probate matter. In response to staff's concerns regarding the 4 parcel split, Mr. Sheridan stated that he is not aware of a 5 acre requirement in the Code where no house shall exist on the proposed property. Ne further stated that the 5 acre lot has a 523 foot lot width and is unaware of a requirement of a 300 foot lot frontage. Member Markley inquired as to where the 3 parcels south of Deerwood Drive are proposed to be located. The applicant's son advised that one parcel is to the north of Deerwood Drive, the second parcel is a 3.5 acre parcel just south and adjacent to Deerwood Drive, the third parcel is a 5 acre parcel south of the 3.5 acre parcel, and the fourth parcel is the remaining area. Member miller asked why this matter was not handled pursuant to the normal plat process to which City Attorney Dougherty stated that the applicant asked for a waiver from the normal plat procedures. Ne further explained that if the Commission or City Council denies the request, then the applicant will have to proceed under the platting procedures. Community Development Director Reichert added that the applicant originally asked to split the parcel into two parcels after the parcel was physically split by Deerwood Drive. She further stated that the applicant then asked for a multi -split of h the southern lihe the and in such a case the applicant should be required plat process. The applicant's on stated that there is a pending sale on the parcel north of Deerwood Drive and the 3.5 acre parcel south of Deerwood Drive. Be explained that the applicant originally asked for a two parcel split because the City indicated such a split would be free of charge because of I.35E's physical split of the parcel. The applicant's son further stated that the city than communicated that it would charge for the waiver and that the city council advised his that if he was paying for a waiver he may as well divide the parcel as needed. No stated that City Planner Sturm stated that to split the land into four parcels instead of six parcels was no problem. Re further stated they do not intend to develop on the parcels, but are only selling the parcels. is •95% ( ! 612 432 3780 04 -28-94 11:06AM P006 #33 SENT BY: EAGAN ADVXBORY PLANNING OONNISSION MINUTES APRIL 26, 1994 Member Segal inquired as to whether the 3 acre parcel could be combined with a 5 acre parcel for a split into 3 parcels. The applicant stated that be vas not agreeable because a purchase agreement for the 3 acre parcel was pending. Member Segal stated that the applicant has made no showing of hardship to go through a Waiver of Plat for four parcels. Willer moved, Ieberq seconded, the motion to approve a Waiver of Plat in order to split Parcel 011 -50 for individual ownership located along the north and south sides of Deerwood Drive east of I -35E in the SW 10 of Section 31. t ■95% all present voted in favor. 4 -28 -94 ; 10 :03 ;SEVERSON WILCOX SHEL4 612 681 4612 ;# 7/22 I'm 612 432 3780 04 -28-94 11:06AM P007 #33 Agenda Information Memo May 3, 1994 City Council Meeting WAIVER OF PLAT /M.L. GRESSER E. Waiver of Plat, M. L. Gresser, to split Lot 11, Block 1, Sibley Terminal Industrial Park, for individual ownership located along the west side of Terminal Drive north of Yankee Doodle Road In the SE 1/4 of Section 8 - -M.L. Gresser is requesting a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal Industrial Park, into two parcels. The site is located at the northwest intersection of Termi al Drive and Yankee Doodle Road. The staff report on this item is enclosed on pages (4�- through it Also enclosed is a supplemental memorandum regarding the options to deal with the intersection of Yankee Doodle and Terminal Drive. The Advisory Planning Commission conducted a Public Hearing on this matter at its meeting of April 26, 1994. The Advisory Planning Commission recommends approval of the Waiver of Plat subject to the conditions set forth in the staff report with the following modifications: Condition #2 should read: "The loading docks for the building on Parcel B shall be removed prior to issuance of Certificate of Occupancy or July 1, 1994, whichever is sooner." Condition #4 should read: "A 38" lot coverage shall be permitted on Parcel B and it shall be combined with Lots 9 and 10, Sibley Terminal Industrial Park, with the recording of the transfer of the property." The Advisory Planning Commission also considered whether the landscaped island should be allowed to remain as is, or be removed. The Commission heard from the applicant and Dunn and Bradstreet. The Commission recommends that the landscaped island be continued and that Condition #5 requiring an agreement for maintenance and repair of the landscaping island be made a condition of this waiver as set forth in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal Industrial Park, into two parcels subject to the five conditions set forth in the staff report as modified by the Advisory Planning Commission. 1 Lk REPORT DATE: APRIL 13, 1994 CASE #: 8-W -2 -3-4 APPLICANT: M.L. GRESSER HEARING DATE: APRIL 26, 1994 PROPERTY OWNER M.L. GRESSER PREPARED BY: JIM STURM REQUEST: WAIVER OF PLAT LOCATION: LOT 11, BLOCK 1, SIBLEY TERMINAL INDUSTRIAL PARK SE 1/4 SECTION 8 COMP. PLAN: INDUSTRIAL ZONING: L-I (LIGHT INDUSTRIAL) SUMMARY OF REOUEST An application has been submitted requesting a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal Industrial Park, into two parcels. The site is located at the northwest intersection of Terminal Drive and Yankee Doodle Road. No development will occur as a result of this request. AUTHORITY FOR REVIEW The City Code, Section 13.02, Subd. 2, states: PLANNING REPORT CITY OF EAGAN The Council, after review by the Planning Commission or after staff review and approval of duplex lot splits, may waive compliance with any of the provisions of this Chapter by adoption of a resolution after compliance with waiver provisions of this Chapter which resolution shall specify which provisions have been waived in any case: 1. In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this Chapter; or, 2. Where an approved plat can be achieved by deviation from certain provisions of this Chapter." BACKGROUND Sibley Terminal Industrial Park was platted in 1964. The subject lot is approximately 3.6 acres. Currently, there are three buildings, all owned by the applicant who is the construction business. Until recently, the larger building (approximately 30,000 sq. ft.) was leased by the National Guard. Mr. Gresser will continue to own the two buildings on the western Parcel A. The Waiver of Plat will create a new Parcel B which will then be sold to Transport Corporation of America, a trucking firm with approximately 150 employees who will relocate to Eagan. In the future, they will purchase adjacent Lots 9 and 10 and will replat them along with Parcel B. The existing loading docks will be removed immediately. EXISTING CONDITIONS The existing sites are currently served by City utilities and improved street access. No additional impacts to the existing City systems in place are anticipated with this property subdivision. In 1985, the property owner created a landscaped peninsula restricting through traffic on Yankee Doodle Road. This modification was done without authorization from the City. EVALUATION OF REOUEST The site is completely surrounded by Light Industrial uses and the Comprehensive Plan designates this area west of Highway 13 to the railroad tracks as Industrial. Parcel A is 1.8 acres; Parcel B is 1.8 acres; existing building and parking setbacks meet Code requirements. Lot coverage on Parcel B is approximately 38 %. Light Industrial districts allow 35 %. If the dividing line between the parcels was moved approximately 25' to the west, the 35% would be met; however, it would not be centered on the access drive to Yankee Doodle Road where common ingress /egress easements have been prepared. When Parcel B is combined with the lots to the east, the lot coverage will be well under 35 %. SUMMARY /CONCLUSION This Waiver of Plat will split one lot into two parcels to allow individual ownership of buildings. Parcel B will be combined with adjacent lots, providing outdoor storage for a truck and freight terminal. Both parcels have their own public access, as well as a shared one, and no new development will occur as a result of this process. The Waiver of Plat will provide office space to allow a truck and freight company to relocate to the City of Eagan. /4/3 RECOMMENDATION Staff recommends approval of this Waiver of Plat subject the following conditions: 1. The Waiver of Plat shall be recorded within 60 days of Council action with documentation to the City. 2. The loading docks for the building on Parcel B shall be removed prior to May 20. 3. Cross ingress /egress easements shall be recorded with the Waiver of Plat with documentation to the City. 4. A 38% lot coverage shall be permitted on Parcel B and it shall be combined with Lots 9 and 10, Sibley Terminal Industrial Park, within one year of Council action. The property owners of the parcels created by this Waiver of Plat are required to enter into a Declaration of Covenants for maintenance and repair of landscaping for the modifications to City right-of-way created by the landscaped peninsula or the intersection is required to be reconstructed to allow the through movement of traffic at the expense of the property owners. FINANCIAL OBLIGATION - 8-W-2-3-94 Lot 11, Block 1, Sibley Terminal Industrial Park There are levied assessments with an unpaid balance of $62 which will be allocated to the parcels created by this waiver of plat. The fin : , vial obligation is subject to change based upon the areas and dimensions of the plat contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's c fee schedule and the connection and availability of the City's utility system. Improvement None Use Rate Quantity Amount iqc lid ! o Ct1T1 oN Z ON IN G PLAN cs- is s 0 r. o d- o . t w r. v. W r. -. u • w i MEMO city of eagan TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 22, 1994 SUBJECT: WAIVER OF PLAT, LOT 11, BLOCK 1, SIBLEY TERMINAL INDUSTRIAL PARK CASE #8- W -2 -3-4 YANKEE DOODLE ROAD & TERMINAL DRIVE (INTERSECTION MODIFICATION) Staff recommendation for Condition #5 within the staff report for the above- referenced application addresses the intersection configuration of Terminal Drive and Yankee Doodle Road. Attached is a letter that was sent to the identified property owners informing them of this issue that needs to be resolved as a part of the Waiver of Plat process. Also attached is a response received from Dun & Bradstreet objecting to the current intersection configuration. Mr. Gresser spoke to the City Council at a public hearing on April 19th stating his desires to leave the landscaped peninsula as it currently exists. We are still awaiting responses from Transportation Corporation of America and the City of Apple Valley. Those will be forwarded to you as soon as they are received. Respectfuly submitted, Thomas A. Colbert Attachments: Packet ltr -Apr. 14 and D &B response of Apr. 19 TAC /je April 14, 1994 Re:. Yankee Doodle Road & Terminal Drive Intersection Modification Dear Property Owner: In 1985, the Greaser Masonry Company, located at 1771 Yankee Doodle Road, modltied the curb line on the northeast corner of Yankee Doodle Road and Terminal Drive and created a landscaped peninsula restricting through traffic on Yankee Doodle Road. This was done in an effort to redirect through traffic from Yankee Doodle Road on to Terminal Drive and to eliminate people continuing on the dead -end portion of Yankee Doodle Road. Attached to this letter is a layout showing the concept of this landscape modification. Also attached Is an alternate design where the intersection would be reconstructed to provide more of a bowing movement through this Intersection. M the near future, the City wilt be considering the rehabilitation of the streets in this Industrial Park at which time this intersection could be most economically reconfigured. Concurrent with this street improvement project, the Gresser Company is proposing to subdivide their property and split off the corner building to a new user, Transport Corporation of America. As a condition of this subdivision application, City staff would like to have the issue of this intersection resolved. if ft is to be reconfigured and reconstructed, it can be Incorporated into a pending City contract. If the existing landscaped island is to remain, it will be conditioned upon one or more property owners entering Into a Declaration of Covenants For Maintenance and Repair of Landscaping, a draft copy of which is also enclosed. In order for the City Council to determine which alternative would be best, we're asking all potentially affected property owners to respond to this notice informing us of your preference of one alternative over the other. We would like to present this information to the Advisory Planning Commission at their meeting of April 26 and /or to the City CouncN at their meeting of May 17. Therefore, your timely response to this inquiry will be greatly appreciated. Sincerely. r �t�w.aw i& Thomas A. Colbert, P.E. Director of Pudic Works TAC/I Enclosure: Landscape Layout Alternate Design Draft of Declaration of Covenants cc: Jim Sturm, City Planner Mike Foertsch, Assistant City Engineer /§) t • R . 1 ! . N • s= • • Y r • • • • a C • 4.. • ti • • 44 •ilg 1 cr u O 0 0 OM. 1.1•- •.. � N ; �`� R'• W ! 1 w+ • • e t(C h� SD-. 0 r 1 ` `- �� ' �v -sMal !' -tae 4. •t 1 1 � e DOODLE ROAD 8s TERMINAL DRIVE INTERSEC- D3CI.IRATIOK OZ COTENANT. )OR MUNTSNANc! AND =PAIR OP LANDSCAPING TSIS DECLARATION is made as of the ____ day of 1994, by • (wDeolaraat•). Declarant is the fee owner of certain real property (thee •tropert7y located in the City of Eagan, County of Dakota, State of Minnesota, legally described as follows: Declarant constructed and installed certain landscaping within the dedicated public rights -of -way, namely Yankee Doodle Road, serving and abutting the Property. To provide for the maintenance and repair of the landscaping located in the public rights- of -vay and to insure payment by Declarant and all subsequent owners of the Property of all maintenance and repair costs incurred in connection with the public rights -of -way landscaping, Declarant has issued this Declaration and caused it to be placed of record. Declarant has reconstructed the northwest corner of the intersection of Yankee Doodle Road and Terminal Drive in accordance with the attaobed Exhibit A. Declarant further declares the purpose of this . reconstruction is to inhibit and restrict traffic on that portion of Yankee Doodle !toad north of Terminal Drive which is not a through street. Wow, TREREYORE, Declarant hereby declass that the Property shall be ewn•d, conveyed, occupied and eortgaged subject to all of the provisions of this Declaration, which provisions shall run with the Property and be binding upon an inure to the benefit of all properties having any right, title or interest in the Property or any part thereof, their heirs, successors or assigns. a. Defiaitiees. a. The City of Sagan, a municipal corporation, in County of Dakota, State of Minnesota. b. City Assessments. Cost incurred by the City in curing any default of an owner in the performance of any obligations to maintain and repair the landscaping or the landscape lighting as set forth in this Declaration. o, landscaping. Any and all landscaping materials located do the boulevard or otherwise within the public rights -of may of all streets transversing and adjacent to the Property, including, but not limited to, trees, shrubs, Cress or other ground clover, stone, rook, entrance monuments, signs and all water /irrigation systems and heads, piping, controls and wiring related thereto. Q. landsca _lighting. All luting fixtures and related Parts (including, but not limited to, buried wiring, concrete bases, poles, east erns, and luminaires) installed in the public rights-of-way to illuminate the landscaping. Tbe landscape lighting pecifically excludes the street lighting •yeten to be installed, from time to time, in the public rights -of -way. ygt. Certain rial estate located within the property and legally described ass Record owner or Contract purchaser of the fee simple title to the Lot, but excluding the contractor sailers, mortgagees or others having such interest merely as security for the performance of an obligation. Declarant is the initial owner of the Lot. _, uotiea _Sad ilsatailatigp of tendAMSDiMend_UAAAO4Re 4oht ag. tthee Declarant lighting in aaccordance Exhibit landscaping and 2. ya ist.hAIMAaQlapair• Owner shall maintain the landscaping in accordance with generally •ooeQtad landscape osintenanee practices. All maintenance shall be at no cost to the City. Branches of all trees lented in public right-of-way shall overhang too lover than 1�.1 feet above a paved street surface or 1.0 feet above a paved trailvay. Landscape lighting shall be maintained in good working order and condition. For such purpose, he owner shell have a non- exclusive easement over he public right- of -W*y. The Owner shall also be responsible to install appropriate metering and be responsible for all energy costs associated . with the landscape lighting and /or irrigation systems. 4• nel, atilt. If the Owner(s) shall fail to perforce any required sainteancs.'or. repairs of the landscaping or the landscape lighting or Shall fail to remove the reconstructed boulevard upon thirty (90) days written notice by City, the City shall have the right to perform any required maintenance or repairs or the removal of the boulevard. While the City may have the right 'to maintain and' repair the landscaping and the la:idsoape lighting, the City has no obligation to do so. If the Ovner(s) fail .to adequately maintain and repair the landscaping and landscape lighting, the City may remove any landscaping or landscape lighting which in its reasonable judgment has become unsightly and in a stet. of disrepair. 5. city kssessaeaf s. The City may charge the Owner(s) for the City's actual costs for labor and materials expended and used in connection with the maintenance repair or removal of the landscaping or landscape lighting after default by the Owner(s), plus reasonable administrative fees not to exceed 20% thereof. Within thirty (30) days after presentation of a detailed invoice therefore, the Owner(s) shall reimburse the City for any such charges. Ouch charges shall become part of the City assessments. If the Owner(s) sail to perform as hersinabove provided, the City shall include such assessments as part of their real estate taxes due and payable with respect to lots On the Property, allocated among the owner(s) based on the Number of lots in the Property. Declarant, on behalf of itself and all subsequent Ovner(s) of the Property, waives any rights to bearings or notice of hearings relating to the levying of any City assessments. 6. City fletains Interest sat ooatrsi in _M_tQ Right -of -way. The Owner shall have no title, or any interest in, any portion of the Yankee Doodle Road public right-of-way nd the City preserves and retains all rights, interest and control in Yankee Doodle Road public sght -of -way and to order Owner to return Yankee Doodle Road to its original sise and condition as determined necessary by the City Council. IN MMTNL68 WHEREOF Declarant has caused this Declaration to be cads as of the date set Forth above. STATE O7 lIDa1EBOTA es. COUNTY ...ice On this day of , 1994, before as a Notary Publiv Within and for said County, personally appeared , tee owner of the above - described property, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the mama as his free act and deed. THIS INSTRUMENT WAS DRAPTgD BY: SEVE'RSON, WILCOX 0 SHELDON, P.A. 6O0 Widway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 53124 (612) 432 -3136 SXH /wkt DECLARANT: Notary Public JIM ALBERG, VICE PRESIDENT & GENERAL COUNSEL DUN & BRADSTREET SOFTWARE, • INC. 3445 PEACHTREE RD., N.E. ATLANTA GA 30326 TRANSPORTATION CORP OF AMERICA 10700 LYNDALE AVE S BLOOMINGTON MN 55420 TERRY COOK, CAPTAIN APPLE VALLEY POLICE DEPT. 7100 146TH ST. W. APPLE VALLEY MN 55124 MICHAEL GRESSER GRESSER CONCRETE MASONRY 1771 YANKEE DOODLE RD. EAGAN MN 55121 P!8B JVl� 1 �VVARl Karen W. Shelton Assistant General Counsel Certified Mail Return Receipt Reauested Mr. Thomas A. Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 -1897 Dear Mr. Colbert: 3445 Peachtree Road. NE, Attanta. GA 0 6.1276 2 Fax (404) 239.2504 April 19, 1994 Re: Yankee Doodle Road at Terminal Drive Intersection Modification In response to your letter of April 14, 1994, please be advised that Dun & Bradstreet Software Services, Inc. ( "D &B "), owner of property located at 3400 Yankee Drive, is opposed to allowing the existing landscaped peninsula, created by Gresser Masonry Company, to remain. D &B is opposed to the peninsula remaining because it affects approximately 600 feet of our property, and we are concerned that the peninsula could lower the property's market value. For example, D &B or subsequent owners might wish to add an entrance in this area for visitor parking, but would be unable to do so due to the presence of the peninsula. D &B believes that the peninsula should be removed and Yankee Doodle Road returned to its original configuration. Please contact me at the above number if you have any additional questions or concerns. cc: ✓ferry Faehn Jennifer Oden Dun &Bradstreet Software T IK lea ea MdraeKepessem Very truly yours, DUN & BRADSTREET SOFTWARE SERVICES, INC. By: l.J. la /s8 kws \,celesta \gresser.ltr SENT BY: EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 R•94X 4 -28 -84 ; 10:09 ;SEVERSON WILCOX SH L-' 612 681 4612;# 8/22 N71IVIR 01 PLAT - M.L . GRRSSSR fi "ti Chairman Voraoek opened the next public hearing of the evening regarding a Waiver of Plat in order to split It 11, Block 1, Sibley Terminal Industrial Park, for individual ownership located along the west side of Terminal Drive north of Yankee Doodle Road in the SE 1/4 of Section 8. Project Planner Ridley introduced this item. He stated that the applicant is requesting a Waiver of Plat to split a 3.6 acre lot into two paresis with 1.8 acres each. Mr. Ridley stated that the site is located at the northwest intersection. of Terminal Drive and Yankee Doodle Road and that no development will occur as a result of this request. He explained that Sibley Terminal Industrial Park was platted in 1964 and that the Oubject lot is approximately 3.6 acres with three buildings all previously owned by the applicant. Mr. Ridley explained that the Waivar Plat will create a new Parcel e which then will be sold to Transport Corporation of America, a trucking film with approximately 150 employees. In the future, Transport Corporation of America will then purchase adjacent Lots 9 and 10 and will replat then along with Parcel B for a freight terminal. Re further advised the Commission of the applicant's actions in creating a landscaped peninsula into the Yankee Doodle public right -of -way which was done without the authorization of the City. Mr. Ridley concluded that staff recommends approval of the Waiver of Plat subject to the conditions as stated in the staff report. Mx Walston, attorney for the applicant, stated that the applicant is in agreement with all conditions except condition #2 regarding the removal of the loading docks for the building on Parcel H. He requested that the condition be revised to read that the dock shall be removed prior to the issuance of the Certificate of Occnpanoy, rather than the May 20th deadline. Community Development Director Reichert noted to the Commission that staff is seeking recommendations from the Commission with respect to the applicant'. created peninsula into the Yankee Doodle public right -of -way. She proposed two option*: 1) recommend that the peninsula regain in its present position but if so than condition #5 should be retained as a condition of the Waiver of plat approval; or (2) recommend the removal of the peninsula but reconfigure Yankee Doodle Road in order that a peninsula be installed and maintained on the other side of Yankee Doodle Road. Ms. Reichert stated that the peninsula works well in preventing the problems which existed prior d :59 812 432 3780 04-28-94 11:08AM P008 #33 SENT BY EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 14095% 4 -28 -94 ; 10 :04 ;SEVERSON WILCOX SHEL-. 612 681 4612;# 9/22 to its existence, but affects other surrounding properties. She stated that Dunn & Bradstreet, owners of the land across Yankee Doodle !toad, Were concerned with the peninsula with respect to their access rights. She stated that Apple Valley was in agreement with whatever the City Council decided. Chairesa» Voracek inquired of staff as to the permissibility of the peninsula's obstruction within a pubiio right -of -way and whether the street was used as private parking. Assistant City Engineer Foertsch stated that although Yankee Doodle Road is a public right -of -way, the applicant has been plowing and maintaining the street since 1984. The applicant explained to the commission the purpose of installing the peninsula, citing that semi- -trailers, tour buses and other large vehicles would cut over the corner of his property as a turn - around when the drivers would realize that Yankee Doodle Road vas not a through street. He stated that the peninsula has been effective in preventing his land being used as a turn - around. Member Isaberg inquired of the City Attorney as to the City's liability as to having the peninsula within the public right -of -way. City Attorney Dougherty stated that a city may be subject to liability if it does not property maintain its streets and therefore the City is requiring the applicant to record a Declaration of Land Covenants to be responsible for all aaintenance of the peninsula. Member miller stated that if the peninsula works, then leave it Discussion ensued as to the history and the neighboring property owners consent to the peninsula Discussion also ensued as to the effectiveness of the peninsula against the problems for which it was put in place to resolve. Member Markley inquired with the applicant whether he had an objection to the removal of the peninsula but reconfigure the street as proposed by the City, to which the applicant stated, "Yes, 1 do.* Chairman Voraeek asked the applicant whether he would be willing to enter into a Declaration of Land Covenants if allowed to keep the Peninsula, to which the applicant stated that he would. Mr. Walston stated that the removal of the loading docks should be on or before July 1, 1994. City Attorney Dougherty, therefore, stated that condition #2 should be revised to read that the loading k jal , "" 612 432 3760 04 -28 -94 11:06AM P009 #33 SENT BY: EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 dock should be removed "prior to July 1, 1994, or the issuance of a Certificate of Occupancy, whichever occurs earlier." Segal moved, Isberg seconded, the motion to approve a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal Industrial Park, for individual ownership Located along the west side of Terminal Drive north of Yankee Doodle Road in the S8 1/4 of Section 9, subject to the following conditions: 2. The Waiver of Plat shall be recorded within 60 days of Council action with documentation to the city. 2. The loading docks for the building on Parcel B shall be removed prior to July 1, 1994, or the issuance of a Certificate of Occupancy, whichever occurs earlier. 3. Cross ingress /egress easements shall be recorded with the Waiver of Plat with documentation to the City. 4. A "38% lot coverage shall be permitted on Parcel B and it shall be combined with Lots 9 and 10, Sibley Terminal Industrial Park, with the recording of the transfer of Paoel B. All present voted in favor. 4 -28 -94 ; 10:04 ;SEVERSON WILCOX Mt- 612 681 4612; #10/22 5. The property owners of the parcels created by this Waiver of Plat required to enter into a Declaration of Covenants for maintenance and repair of landscaping for the modificatiOns to City right -Of-way created by the landscaped Peninsula or the intersection is required to be reconstructed to allow the through movement of traffic at the expense of the property owners. 11 ■94X 612 432 3780 04 -28 -94 11:06AM P010 #33 Agenda Information Memo May 3, 1994 City Council Meeting CONDITIONAL USE PERMIT/FIELD MAINTENANCE, INC, F. Conditional Use Permits, Field Maintenance, Inc. to allow service and outdoor storage of trucks in a LI (Light Industrial) district on Lots 17,18,19, Block 4, Eagandale Center Industrial Park #4 Addition, along the west side of Mike Collins Drive north of Yankee Doodle Road in the SE 1/4 of Section 11--Field Maintenance, Inc. has applied for Conditional Use Permits (2) for the service of trucks and the outdoor storage of rental trucks located on Lots 17, 18, and 19, Block 4, Eagandale Center Industrial Park #4. The staff report on this item is enclosed on pages /t, t hrough The Advisory Planning Commission conducted a Public Hearing at its meeting of April 26, 1994. The Advisory Planning Commission recommends approval of the Conditional Use Permits for the service of trucks subject to the applicable conditions set forth in the staff report. Condition #12 should be revised to refl: "If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to building permit issuance." The Advisory Planning Commission also recommended approval of the Conditional Use Permit for the storage of outdoor rental trucks subject to applicable conditions set forth in the staff report with the same change in Condition #12. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Conditional Use Permit for the service of trucks and a Conditional Use Permit for the storage of rental trucks, both subject to the applicable conditions set forth in the staff report with the modification of Condition #12 for Field Maintenance, Inc. located on the west side of the Mike Collins Drive, north of Yankee Doodle Road, in the southwest quarter of Section 11. lea PLANNING REPORT CITY OF EAGAN REPORT DATE: APRIL 11, 1994 CASE #: 11- CU- 5-4 -94 APPLICANT: PHYLISS RAU, HEARING DATE: APRIL 26, 1994 FIELD MAINTENANCE INC. PROPERTY OWNER:. OPUS CORPORATION PREPARED BY: S. TYREE REQUEST: COND1 ZONAL USE PERMIT LOCATION: LOTS 17, 18, & 19, BLOCK 4 EAGANDALE CENTER INDUSTRIAL PARK NO. 4 COMPREHENSIVE PLAN: IND (INDUSTRIAL) ZONING: I -1 (INDUSTRIAL) SUMMARY OF REQUEST Field Maintenance, Inc. has applied for a Conditional Use Permit for the service of trucks, and the outdoor storage of rental trucks; located on Lots 17, 18, & 19, Block 4, Eagandale Center Industrial Park No. 4. Located on the west side Mike Collins Drive, north of Yankee Doodle Road in the SE 1/4 of Section 11. AUTHORITY FOR REVIEW; Required Standards: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. (43 Planning Report - Field Maintenance C.U.P. April 26, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY: An application was applied for by the same individual in February 1994 at a different location. Due to delays regarding the platting of that property the applicant has decided to relocate to this site. Field Maintenance, a truck and trailer repair company, has been located in the City for the past nine years and employs 16 full -time people. They are currently located at 3815 Nicols Road where they lease space from the Brad Ragen Tires Company in an 8,000 sq. ft building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - A & H Cartage; zoned I -1: designated IND. PBBS Equipment Corp.; zoned I -1; designated IND. Opus Corp.; zoned I -1; designated IND. Stock Lumber Co.; zoned I -1; designated IND. ANALYSIS OF PROPOSAL; Field Maintenance services and repairs trucks. This use is identified as a Conditional Use in the I -1 zoning district. Due to the nature of the business, Field Maintenance has offered an accessory service of renting trucks to persons when their trucks are in for repair. These rental trucks are stored outdoors and are parked in the truck parking lot portion of the lot shown on the north property line. They will also rent trucks to the general public. Approximately four to six trucks are available for rental; this site would be used for drop off and pick up of one way destination trucks which could increase the total number of trucks at any one time to 14. These truck are removed from the site within a day. ON -SITE IMPROVEMENTS Field Maintenance is proposing to construct a 9,600 s.f. block building to accommodate their office and shop area The landscaping shown will need to be revised with more detail regarding plant material. An acceptable revised landscape plan shall be submitted on a grading plan before building permit issuance. Planning Report - Field Maintenance C.U.P April 26, 1994 Page 3 Twenty one parking spaces have been provided for automobile parking, eleven of those located on front of the building and 10 are Located in the rear side of the building. There is no parking requirement for this type of use other than the office portion of the building which will require 2.6 parking spaces. Where a specific requirement is not stated, the Council shall determine the adequacy of parking when approving a site plan. To protect the vehicles being stored while they are being repaired and also the rental trucks, Field Maintenance will be installing a chain link fence. The fence is attached to the building and extends to the north and south property lines. There are gates on either end for movement in and out. Grading /Storm Drainage/Water Quality - The plans submitted are acceptable. Approximately 1.7 acres of the 2.3 acre site will be disturbed by the grading that will be required to construct the proposed building and parking lot. The site is a grassy field that is lightly wooded. The eastern two- thirds of the site gently slopes to Mike Collins Drive and the western one - third contains steep slopes that drain towards the railroad tracks. The preliminary grading plan submitted with this application shows that storm water runoff from the proposed parking lot will be surface drained to Mike Collins Drive. There is a high point on Mike Collins Drive at the center of the site so the north half of the site will surface drain northerly onto Mike Collins Drive and the south half of the site will surface drain southerly onto Mike Collins Drive. Staff is recommending that this development be required to construct a catch basin at the southwest corner of Mike Collins Drive and Aldrin Drive to collect the surface water runoff that is draining off this site in a northerly direction to Mike Collins Drive. The storm sewer system that serves this area drains to Pond EP -2 and EP-1 and these ponds are included on the City's Comprehensive Stormwater Management Plan. There are no wetlands on this site and since the Lots are already platted, the development is exempt from the City's Water Quality Ordinance. The preliminary grading plan proposes to add fill for berming in the southwest corner of the site. Erosion control measures will be required to protect erosion from occurring that would contribute to the existing storm sewer system located in the southwest corner of the site. Utilities - A 6" sanitary sewer service stub and an 8" watermain stub has been provided to this site from Mike Collins Drive. The development is proposing to connect to the existing stubs and extend the service lines up to the proposed building. The hydrants located on Mike Collins Drive will provide adequate fire protection to the site. There is an existing 8" watermain that is located along the south property line of the site. The watermain extends from Mike CoUins Drive and crosses the railroad tracks and serves Stock Lumber to the west. Approximately ten feet of fill has been placed over the existing 8" watermain. The City is requiring that this development be responsible for raising or replacing the watermain that exceeds the standard bury depth of 10 feet. Planning Report - Field Maintenance C.U.P. April 26, 1994 Page 4 i tems - The preliminary site plan submitted with this application is acceptable. The site plan shows that two 30 foot wide driveway openings are proposed to connect to Mike Collins Drive. The driveway openings will be constructed with concrete aprons as per Eagan Detail Plate #440. The proposed parking lot will be required to be constructed with concrete curb and gutter around the edges and surfaced with bituminous or concrete pavement in accordance with City Code requirements. Easements/Right-of-Way/Permits - According to City records, the existing 8" watermain that is located along the south edge of the site is not covered by an easement. Therefore, the developer shall provide a 20 foot wide easement over the watermain prior to building permit issuance. Staff is recommending that the applicant process a Lot Combination Agreement through Dakota County prior to receiving their building permit to prevent tax forfeiture of any of the three lots. The applicant was made aware of this requirement and had no objections. COMPATIBILITY WITH SURROUNDING AREA The proposed site is located in the area of many trucking companies and is similar in use with niany of the surrounding businesses. The City's Comprehensive Guide Plan designates this area as IND (industrial). SUMMARY /CONCLUSION The request for a Conditional Use Permit by Field Maintenance has been identified in the City Code as such. The proposal appears to meet the standards as set forth in the City Code for a Conditional Use Permit. Due to the compatibility of the proposed use in this Industrial district and the compliance with the standards it is staff's recommendation that the Conditional Use Permit be approved. RECOMMENDATION To approve the Conditional Use Permit to allow the service of trucks, and the outdoor storage of rental trucks with the following. conditions. 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval, with documentation of recording submitted to the City. f 4 4 Planning Report - Field Maintenance C.U.P. April 26, 1994 Page 5 2. A Lot Combination agreement shall be recorded with Dakota County within 60 days of approval of this Conditional Use Permit, with documentation of recording submitted to the City. 3. No rooftop mechanical equipment shall be visible. 4. All landscaped and green areas shall be served by an underground irrigation system. 5. The three sided trash enclosure shall be attached to the building and constructed of the same building material. 6. This development will be responsible for raising or replacing the existing 8" watermain that is Iocated along the south edge of the site that exceeds the City standard bury depth of 10 feet. 7. The developer shall provide a 20 foot wide easement over the existing 8" watermain that is located along the south edge of the site prior to building permit issuance. This development shall construct a catch basin at the southwest corner of Mike Collins Drive and Aldrin Drive to collect the surface water runoff that is draining off this site in a northerly direction to Mike Collins Drive. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to building permit issuance. 10. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to building permit issuance. 11. A detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. 12. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action building permit. 13. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to building permit issuance. 14. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. (0 -7 FINANCIAL OBLIGATION - 11-CU-5-4-94 Lot 17,18 and 19, Block 4, Eagandale Center Industrial Park #4 There are pay -off balances of special assessments totaling $1,990 on the parcels for which a conditional use permit is requested At this time, there are no pending assessments on the parcels for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Use Rate Quantity Amount ‚( 4 ! JCA1'TI I'i O N I N r GUIDE PLAN 11° • • • • _ am milli& -4 0 ", a..1.=0011....1 1 11 th 1 ii MIKE COLLINS DRIVE —z_ `•• ewe EP It 84 .0 84 - EP -2 8294 861:0 844. 872 PHE EAGA NO. ' ADD. • .o f t6 L.S. CITY OF EAGA PROJECT SITE FIGURE No. 17 STORM SEWER LAYOUT MAP 33 I1 1 JP -33.I 870.0 8795 time !GP -11 1 836.0 :.5,11.. I,�, POND N011YAL NAM M O I L . . . . . . S 0 0 . 0 POND ISSN WATSII LIYSi s 9004 OYSNLANO SNAMA/S 001011 JP -16. 875.5 685.5 JP 74. J8 4.. • moo Mu. . nom uwas SoNstel i STOW SWIMS b--.. 1 ♦_ - ---- STONY WI' STATION 4u611W • : raw V T STATION b_0 . . 0 STONY P01101 YAM as N ♦ .►.o..* YAM SnN10N mom N SINT BY: s -a5% EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 -28 -94 ; 10:02 ;SEVFRSON WILCOX SHEL-. 612 681 4612;# 4/22 D!AFT OOYDXTIONAL V8s P] VTT - J'IBLD MMINTINSMON, INC. Chairman Voracek opened the next public hearing of the evening regarding a Conditional UtePermit to allow service and outdoor storage of trucks in a LI (Light Industrial) district on Lots 17, 18 and 19, Block 4, Eagandale Center Industrial Park f4 Addition, along the west side of Mike Collins Drive north of Yankee Doodle Road in the SE 1/4 of Section 11. Project Planner Tyree introduced this item. She explained that Field Maintenance, Inc. has applied for two Conditional Use Permits, one for the service and repair of trucks and the other for outdoor storage of rental trucks. She advised that the subject sits is located on Lots 17, 18 and 19, Block 4, Ba andale Center Industrial Park No. 4, which is located on the west Side of Mike Collins Drive north of Yankee Doodle Road in the SE 1/4 of Section 11. Ni. Tyree e xplained that Field Maintenance, Inc. is a truck and trailer repair company which has been located in the City of Eagan for 9 years and employs approximately 16 full -time people. She stated that they are currently located at 3815 Nicola Road where they lease space from Brad Ragen Tires Company. In addition to the servicing and repairing of trucks, Ms. Tyree explained that Field Maintenance, Inc. has offered an aooessory service of renting trucks to persons whose t ucks are in for repair. She stated these rental trucks are stored outdoors in the truck parking area. She further noted that Field Maintenance, Inc. also rents trucks to the general public and a total number of trucks at any time at the subject site could be 14. Ms. Tyree further advised that with respect to the service and repair business, Field Maintenance, Inc. proposed to construct a 9,600 sq. ft. block building to accommodate its office and shop area. Tvanty -one parking spaces are proposed for automobile parking, eleven located in the front of the building and ten located in the rear. City Code provides no parking requirements for the proposed use. The applicant, as advised by Ka. Tyree, proposes to install a chain -link fence around the building in order to protect the vehicles in for repair and also the rental trucks. The fence will be similar to that used by the City at its maintenance facility. In conclusion, NA. Tyree stated that staff recommends that each Conditional Use Permit be approved. Phyllis Rau, a representative of Field Maintenance, Inc., vas present, however, had no comment. 432 3780 04 -28 -94 11:08AM P004 *33 Agenda Information Memo May 3, 1994 City Council Meeting FINAL PLANNED DEVELOPMENT REVISION/PRELIMINARY PLAT B.R.W. INC, G. Final Planned Development Revision, Blue Ridge 3rd Addition, B.R.W. Inc., and a Preliminary Plat consisting of two Lots on 17.12 previously zoned PD (Planned Development) acres located along the south side of Waters Road east of Highway 55 in the SW 1/4 of Section 1 and the SE 1/4 of Section 2-- B.R.W. Inc., on behalf of Wachovia Bank, has requested a revised Final Planned. Development and Preliminary Plat consisting of two lots on 17.12 acres in the Blue Ridge Addition located east of Trunk Highway 149, south of Lone Oak Parkway. This plat is a replat of the two lots containing the office and warehouses and no further developme is associatedy�fEh either request. The staff report on this item is enclosed on pages through The Advisory Planning Commission considered this item at its meeting of April 26, 1994. The Advisory Planning Commission is recommending approval of both the Final Planned Development Revision and the Preliminary Plat subject to the conditions set forth in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Final Planned Development Revision and a Preliminary Plat for Lot 1, Block 1, Blue Ridge Addition, and Lot 1, Block 2, Blue Ridge 2nd Addition, comprising two lots on 17.12 acres located along the east side of Trunk Highway 149 south of Lone Oak Parkway subject to the conditions set forth in the staff report. ZONING: SUMMARY OF REOUEST AUTHORITY TO REVIEW PLANNING REPORT CITY OF EAGAN REPORT DATE: APRIL 14, 1994 CASE #: 1 -PP- 10 - 3 - 94 APPLICANT: B.R.W. INC. HEARING DATE: APRIL 26, 1994 PROPERTY OWNER: WACHOVIA BANK PREPARED BY: JIM STURM BY FIRST BANK ASSOC. AS TRUSTEE REQUEST: REVISED FINAL PLANNED DEVELOPMENT & PRELIMINARY PLAT LOCATION: LOT 1, BLOCK 1, BLUE RIDGE ADDITION LOT 1, BLOCK 2, BLUE RIDGE 2ND ADDITION COMP. PLAN: COMMERCIAL PLANNED DEVELOPMENT (CPD) PLANNED DEVELOPMENT An application has been submitted requesting a revised Final Planned Development and Preliminary Plat consisting of two lots on 17.12 acres located along the east side of Trunk Highway 149 south of Lone Oak Parkway. This plat replats the two lots containing the office /warehouses. No development is associated with either request. City Code, Section 13.20, Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto." A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. ��s D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. That completion of the proposed development of the subdivision can be completed in a timely manner so as to not cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 3. LOTS/PARXING That the subdivision has been properly planned for possible solar energy system use within the subdivision as is relates to adjacent property. (Refer to City Handbook on Solar Access.) That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the development must comply with Eagan Water Quality mitigation. BACKGROUND The Blue Ridge Addition consisted of 47.05 acres and received Final Plat approval in May 1987. This plat included one 9.8 acre lot with a 103,000 sq. ft. office warehouse and the balance of the area was platted as outlots for future development. The Blue Ridge Second Addition was approved in 1989 and consisted of one 7.3 acre lot with a 53,000 sq. ft. building designed to allow for future expansion; 28.3 acres were platted as outlots for future development. To date, no building expansion has occurred. Northwest Airlines modified the northern building to mostly office space and additional parking was installed on the lot in the Blue Ridge Second Addition. Two hundred one parking stalls are being shifted from the southern lot to the northern lot. This plat now shifts the lot line between the buildings to the south, allowing the lot line to adjust for the necessary parking. PRELIMINARY PLAT REVIEW Lot 1 (11.975 acres), containing the 103,000 sq. ft. building, meets all building and parking setbacks and contains 602 parking stalls. Lot 2 (5.140 acres), contains a 53,000 sq. ft. building, meets all building and parking setbacks, and provides 197 parking stalls. Future expansion of this lot will no Longer be possible. Buildings, parking lots, and grounds have been maintained satisfactorily and the parking appears to be adequate for each lot. GRADING /STORM DRAINAGE/WATER OUALITY No additional development is being proposed. Thus, no water quality, wetland or grading review is necessary. UTILITIES This platting proposes to move a property line to enhance the sale of the existing two properties. No development is proposed, therefore, no further extension of utilities is requested or required. ACCESS This proposed platting of two existing properties does not propose to change the access locations. Proposed Lot 1, Block 1, currently takes access from Lone Oak Parkway and Waters Road and proposed Lot 2, Block 1, currently takes access from Waters Road. EASEMENTS/RIGHT -OFWAY This proposed plat shall dedicate 5' drainage and utility easements on each side of the newly proposed property line. WATER OUAL1TY There are no issues related to this item. PARKS & TRAILS DEDICATION There are dedications required with this platting request. SUMMARY /CONCLUSION This revised Final Planned Development and Preliminary Plat replats two existing lots with buildings. No new construction will occur as a result of either action. As proposed, all City zoning and platting requirements have been adhered to. Staff recommends approving this Final Planned Development as presented and the Preliminary Plat is subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: A1, B1, H1 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations I. This development shall accept its additional financial obligations as defined In the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements and Rights -of -Way I. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications I. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final Plat approval• A detailed grading, drainage, erosion, and sediment control plan must be prepared In accordance with current City standards prior to final plat aPProvid- a This development shall ensure that all dead -end public streets shall have a cul- de-sac constructed in accordance with City engineering standards. I�g 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements .1. If any Improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Perm!ts - M. Other 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 0. Water Ouality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Ouality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1997 LTSe5 STANDARD.CON City Council September 15. 1987 Revised: July 10.1990 Revised: February 2. 1993 r7 FINANCIAL OBLIGATION - Blue Ridge 3rd 'There are pay -off balances of special assessments totaling S20,933 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this tune, there are no pending assessments on the parcel for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Use Rate Quantity Amount l80 ( 8 ( 1 ocivrioli 7 0 11 111G GUIDE P! j 11 .4 an di HINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY HAP NO. i I • • 1 1 1 1 1 t! BLUE RIDGE THIRD ADDITION PREUMINARY SUBMITTAL MARCH 15, 1594 BLUE RIDGE = FLEX QrFICy i NINNliDfA Ot IOW VORTaT t i: = s iu iii{ 1. w a - --- O 1 BLUE RIDGE - F ?. EX OFFICE BUJE RIDGE THIRD ADDITION PRELIMINARY SUBMITTAL MARCH 15, 1994 414%11Y i WPu, *A i E 4MA1$, 1 AT ' •MA Sawn 4 1 COAX ".ZTA I 10 MINIMS P t^^• TAM 1V •�11N N �N 11 • 1 • • • • • • • • • 94 9 s • o r • • ... ftnrioammans. ass 1 1 RIDGE THIRD ADDITION rRELIMINARY SUBMITTAL MARCH 15. 1994 - - -- 1 IIISEJLEELE N111111111111; ( Id II „ 1 MIMEO 1 i RIBIA \, I ) 11 .' \‘' i 1 %yr • ruuI z 11, 41 1 7 t.t; • 2. 4 N 4 t■;• *. :1 if '4, 40 101 4s% il II A li 'I ii ,.; :.,• I ' r 1 i 4,. o . i J I , n Ontigi 1$111111411111:Riti 1 4 1 1 1 (' /If 111/1$111! itw4i lit hilt 4111 11 I ( ii 1 0 1 1 1 it 1 I Vi 1 i I i i el ti tt ? 1 t i t pl i tt ti i it ti Ik, .11 1 I l k 11 -k t Ii 111 ret i kkti ii. iii . ii;:i;;iii - . ... ..... ,.. 4tit • • rk ; :s' 5.: iii;11,1 'IL * : ti vv 110, ...4,. 1: fit Writ 4it i 5”1 .... BLUE FUDGE THIRD ADOMON PREUMINARY SUBMITTAL MARCH 15. 1994 BLUE RIDGE FLEX OFFICE BUILDING EAGAN, MINNESOTA (eg J• • II 1, eft tie 4 PI Wit V L ei A 1 TM 14S • I., I's ;1 po4 41A, • • RELIMINARY SUBMITTAL MARCH 15, 1994 BLUE RIDGE FLEX ')FFICE BUILDING ILDI F.AGAN, MINNESOTA `/� f \ 1 r\ '.L , \\ I.t. \ _ , .. _._..w..� —«.— / � i t t I - _ -: ' f 1 l �/ • , , 1 i i . 1 I i ' ' 41 V ' ‘ \ ‘* 1 % \ / 1 / / NI \V \ ° I ! \ i ) ‘t . \M ••••Vi \A\ \\\ ` ,.. •.,....,,,, . \*.\\\ t ...\ s \\ \ \1 `) ',\ '1 pip \\\\ ,,, __.,,,..___. .,„..,..... ............. ,........ ...atipieis 1 \ \ t i T wr.. ��__ / 1 1 1 Phi ''‘ \ \\—/ / i N: r\ 1' \\ 4 / 1 1 is f i " � �p sr� . Y - Y -1 BLUE RIDGE THIRD ADDITION PRELIMINARY SUBMITTAL MARCH 15 1994 moose CONTROL 1 FLEX N . r r II r..�rw MI MIN POW II 1111.0 OM 4 NO ON .9 r.... 1 J s 0 J i i 1'. Joe N,'.,+ • 3 .c.• ft + .c, OD% c t BLUE RIDGE THIRD ADDITION WATERS PHASE 0 FLEX- BUILDING taV1maei..w .,. ...».Hr, s maws w. .......0 •■• • c 1a � r VI !R PRELIMINARY SUBMITTAL MARCH 15, 1994 f 1 0 t/ • $ d 11 p i � ., SOO .o i if': w. f s . 5 . 0%\ VD 5 1 • � SOS iM!0'a• 10•34 44 BLUE RIDGE THIRD ADDITION PRELIMINARY SUBMITTAL MARCH 15, 1994 • •;i ii itii 1.111 111111 1111 1 1 11 11!1111111 WATERS PHASE N ' WINO MEW ��NM�OFNN A•` w ' 1 •11.0.1• . 1 ELNWNARY SUBMITTAL MARCH 15, 1994 SENT' BY MAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 -28 -84 ; 10 :05 ;SEVERSON WILCOX SltL-) 612 681 4612; #11/22 BLVD RIM $ D ADDITION - B.R.W., Mme. All present voted in favor, except Segal who abstained. 612 4 2 3780 7717) !Member Segal left the meeting at 8150 p.m. Chairman Voracek opened the next public hearing of the evening regarding a revision to the Final Planned Development and a Preliminary Plat consisting of two lots on 17.1 previously zoned PD (Planned Development) acres located along the south side of Waters Road east of wighway 55 in the Bw 1/4 of Section 1 and the SE 1/4 of Section 2. Project Planner Ridley introduced this item. He stated that the applicant has requested a revised final planned development and preliminary plat consisting of two lots on 17.12 acres. He stated that the proposed preliminary plat replats the two existing lots containing office /warehouse buildings. He stated the subject property is located on the east side of Highway 149 South of Lone Oak Parkway. Er. Ridley stated that no development is proposed with these requests. He stated that Northwest Airlines modified the northern building to mostly office space, and additional parking was installed on the lot in the Blue Ridge 2nd Addition. Mr. Ridley stated that 201 parking stalls are being shifted from the southern lot to the northern lot and thus this plat is requested to shift the lot line between the buildings to the south, allowing the lot line to adjust for the necessary parking. He stated that Lot 1, containing a 103,000 sq. ft. building, casts all building and parking'setbacks and contains 602 parking etalls. He further stated that Lot 2, containing a 53,000 sq. ft. building, meets all building and parking setbacks and provides 197 parking stalls. He Concluded that staff recommends approval this application. Keith Dahl, a representative of S.R.W., Inc., was present but made no comment to the Commission. Member Markley questioned whether it is necessary to vacate the existing easements along the lot lines due to the shift of the lot line. Assistant City Engineer Foertscb stated that the existing easements say remain if they do not interfere with the owners' uses. Member Segal returned to the meeting at 8:55 p.m. Miller moved, Heyl seconded, the motion to approve the revision to the Pinal Planned Development located along the south side of Waters Road east of Highway 55 in the SW 1/4 of Section 1 and the SS 1/4 of Section 2. 04-28-94 11:06AM P011 3133 SENT BY: EAGAN ADVISORY PLAMO/NC COMMISSION MINUTES APRIL. 26, 1994 4 - 28 - 84 ; 10:05 ;SEVERSON WILCOX SHEL - ► 612 681 4612;#12/22 Hiller moved, Heyl seconded, the motion to approve a Preliminary Plat consisting of two lots on 17.1 previously zoned PD (Planned Development) acres located along the south side of waterer Road east of highway aS in the SW 1/4 of Section 1 and the SE 1/4 of Section 2, subject to the following condition: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied Frith: 8 ■95% Al, Bi, Hl All present voted in favor, except Segal who abstained. 1 812 432 3780 04 -28 11:06AU P012 *33 Agenda Information Memo May 3, 1994 Qty Council Meeting PRELIMINARY PLAT /EFH COMPANY 11. Preliminary Plat, EFH Company /American Red Cross Addition, consisting of one lot on 3.2 previously zoned L4 (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court in the SW 1/4 of Section 3 - -EFH Company is requesting a Preliminary Plat to replat land for the American Red Cross Addition located along the west side of Eagandale Boulevard south Eagandale Court. The staff report of this item is enclosed on pages gathrough p� The Advisory Planning Commission considered this item at its meeting of April 26. The APC recommends approval of this Preliminary Plat subject to the conditions set forth in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Preliminary Plat for EFH Company consisting of one lot on 3.2 previously zoned L-I (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court subject to the conditions set forth in the staff report. PLANNING REPORT CITY OF EAGAN REPORT DATE: APRIL 11, 1994 CASE #: 3- PP- 5 -1 -94 APPLICANT: EFH CO. HEARING DATE: APRIL 26,1994 REQUEST: PRELIMINARY PLAT PREPARED BY: JIM STURM LOCATION: LOT 15, BLOCK 4, AND TRACT C, REGISTERED EAGANDALE CENTER LAND SURVEY #47 INDUSTRIAL PARK COMP. PLAN: IND - INDUSTRIAL ZONING: LI - LIGHT INDUSTRIAL SUMMARY OF REOUEST EFH Co., represented by Mr. Gene Happe, has applied for a Preliminary Plat for one lot on 32 acres zoned 11 (Light Industrial) Located on what is currently Lot 15, Block 4, Eagandale Center Industrial Park and on Tract C of Registered Land Survey 47. These properties lie south of Eagandale Court along the west side of Eagandale Boulevard. AUTHORITY FOR REVIEW City Code Section 13.20, Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto." A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. l ad Planning Report - American Red Cross Addition April 26, 1994 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. 1.1. That completion of the proposed development of the subdivision can be completed in a timely manner so as to not cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. L That the subdivision has been properly planned for possible solar energy system use within the subdivision as is relates to adjacent property. (Refer to City Handbook on Solar Access.) J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of. the City Clerk hereinafter referred to as the "Water Quality Management Plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND The Applicant has been selected to construct a 24,600 square foot building to be used as a National Blood Testing Laboratory for the American Red Cross. The City Council approved a building permit for this building on February 1, 1994. The building permit was approved by the Council prior to plat due to the fact that the building must be operational by September 1,1994. The intention of the Red Cross was to locate the facility in the suburbs, specifically near the Minneapolis -St. Paul International Airport. The Red Cross looked at Locating in St. Paul and in Mendota Heights prior to their decision to locate in Eagan. (c 9 Planning Report - American Red Cross Addition April 26, 1994 Page 3 The proposed facility, a Regional Blood Testing Facility, will replace approximately 5 smaller testing labs in various other states. The Eagan facility will be 50% office and 50% laboratory. The laboratory portion will be used to test Donor Blood from samples flown in from surrounding states. This building is strictly a testing laboratory and will not be used by the general public. The current site meets all the criteria for the Red Cross use; however, the property consists of two lots that need to be replatted into one lot to allow the construction of the Red Cross building. City Council approval for a building permit was conditioned upon submission of a complete preliminary plat application, as we ll as grading, drainage, and utility plans, architecturally certified . building plans, and a written agreement from the appropriate Red Cross representative to the conditions set forth by the City Council. The building permit for the Red Cross Testing Lab facility was issued on March 21, 1994. The precast exterior is complete, and the building is expected to be open on schedule. EXISTING CONDITIONS The site contains no trees, and only grassy vegetation. There is a small hill on the west side of the property. SURROUNDING USES The following uses surround the subject site. All surrounding properties are zoned and guided for LI and /or R & D uses: North - South - East - West - Office Warehouse Vacant Industrial property Chicago Tube and Iron Vacant R & D property EVALUATION OF REOUEST Preliminary Plat Review Let Size Lot 1, Block 1 meets the minimum lot width and size requirements for an LI zoning district. The proposed lot is 3.2 acres. Setbacks The proposed 24,600 s.f. building meets all LI setback requirements as does the proposed parking lot. CI Planning Report - American Red Cross Addition April 26, 1994 Page 4 Grading /Storm Drainage/Water Quality This site will convey its storm water runoff to an existing 54" storm sewer line along Eagandale Boulevard which discharges into LeMay Lake. Staff recommends a cash water quality dedication for this site because of its small area. There are no wetlands on this site. Utilities The proposed plat does not require any sewer, water or storm sewer extensions. Sanitary sewer and water services of sufficient size, capacity and depth have been provided to this development from an existing 6" sanitary sewer service and an 8" water service in Eagandale Court that was constructed in 1986 under Project No. 458. ACLU The plat proposes to take access from Eagandale Court. EP semen tR/Right- of- Way/PermIts The proposed plat does not require any additional right -of -way. The Developer shall provide in the final plat ten foot drainage and utility easements adjacent to public right -of- way or adjacent to any lot lines not common to this addition. Site Plan 1. Parking - Since the use of this facility is unique, the parking space requirement was calculated based on the office parking requirement. Offices require at least one parking space for every 150 s.f. of net leasable floor area. The American Red Cross building contains 19,680 s.f. of net leasable floor area, which would necessitate 131 parking spaces. Eighty -three parking stalls will be constructed immediately with an area for an additional 53 stalls (136 total) designated for proof -of- parking if the use of the property changes in the future. Landscaping - The proposed landscaping meets the requirements of the Landscape Ordinance, and will adequately screen the parking area. Irrigation is required. 3. Construction - The building is to be constructed of precast concrete wall panels. 4. Egnage - No signage has been specified. Signage will be subject to all Code requirements. Planning Report - American Red Cross Addition April 26, 1994 Page S S. Airport Considerations - The property lies within Metropolitan Council Noise Policy Zone IV. In this Noise Zone, office and industrial uses such as is proposed are consistent land uses and no additional performance standards or conditions are required The applicant should be advised of this circumstance, however, if they wish to incorporate any additional sound attenuation measures in the construction of the facility. parjcs and Recreation - The Advisory Parks, Recreation and Natural Resources Commission reviewed the proposal at their April 18,1994 meeting and recommended to the Advisory Planning Commission and City Council that the development be responsible for a cash parks and cash trails dedication consistent with City policy on commercial /industrial property. SUMMARY /CONCLUSIONS The proposed Preliminary Plat is consistent with the City's Plan and with the surrounding land use. The proposal meets all City Code requirements. In an effort to help the Red Cross meet its September 1, 1994 operational date, the City Council approved the issuance of the building permit prior to final plat approval subject to the submission of a complete preliminary plat package. The building permit was issued on March 21, 1994 and the exterior walls are complete. RECOMMENDATION Staff recommends approval of this Preliminary Plat subject to the following conditions: 1. These standard conditions of plat approval shall be complied with: Al, Bi, Cl, C2, C4, El, F1, 01, and Hi. 2. Irrigation of all turf grass areas shall be required. Eighty -three parking stalls shall be aUowed with the initial construction Fifty -three proof -of- parking stalls shall be designated on the Final Plat site plan exhibit. The development is responsible for a cash parks and cash trails dedication consistent with City policy on commercial /industrial property. aoI A. Financial Obligation' 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. This development shall ensure that all dead -end public streets shall have a cut -de -sac constructed in accordance with City engineering standards. ao 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. Public Improvements .1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication H. MIK 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS•S STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - American Red Cross There are pay-off balances of special assessments totaling $9,855 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Use Rate Quantity Anon os-A-nom tnfflI f:rt,••• la ' 280•104 tal =MO . T .••••• • - 1 7 011111(1i • . ■ • • it \ • ' A , 46 Ca 1: lel% 0. • al EIUIDE PLAN gpaGy kui ci47 . 1.1 ovirrIt i )‘I ;k .11.1 f1 F #I 1 :: ! 131 ij tt 1 ! i 1141 t !Mitt 11 ,_& 11 1= 1 s. Hi 111111 i P iI. ill y 11 i 11 iiii 1' 1 a t !! in 11,= c 1 1i PI ij�tt 1� ' 1 ` �; _'{_ i I a ! ! ii t '_ is = hi t s 1. :tt X 11 11111111 ` III !h nil 111 Alt VI t w ill it tt -��OM 137/1OG , 37P%7IVP '3. t _ Z_. j. 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FICE i M -C R WYNG M a COR 1 O 3 CENTE T i';a‘ ; i:LC11i�I iv`iiei !IIItl� 1 T.i.A 75.0 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN PROJECT SITE MIND .•A1•A, STOW SEWN* 9NITAND STONY 1sT RATION I001191 • rem OPT RATION rU.ai• 0 STONY •011011Vat • • ♦ ♦.S.• MAO •wIMON am.= - 11 WAT•S inn • . . .. . 500.0 POND MN IA7•S ISM • 500.0 •TINIANO OSAOIASS SOOTS SEM' BY: EAGAN ADVISORY PLANNING C0O(ISSION MINUTES APRIL 26, 1994 4 - 28 - 84 ; 10 :05 ;S SON WILCOX SHEL 612 681 4612; #13/22 )M RICAN RED CRO88 ADDtTIOO - EpE COMPANY Gene Happe, President of MPH Company, was present but made no comment. r Chairman Voraaek opened the next public hearing regarding a Preliminary Plat consisting of one lot on 3.2 previously zoned LI (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court in the SW 1/4 of Section 3. Project Planner Ridley introduced this item. He stated that 3FH Company is requesting a.preliminary plat for one lot on 3.2 acres zoned Light Industrial located on what is currently Lot 15, Block 4, Eagandale Center Industrial Park and on Tract C of Registered Land Survey 47 Mr. Ridley explained that the property lies south of Eagandale Court along the vest side of Sagandale Boulevard. He explained that the applicant intends to construct a 24,600 sq. ft. building to be used as a national blood testing laboratory for the Aherican Red Cross. - The City Council approved a building permit in April, 1994, prior to the plat due to the fact that the building must be operational by September 1, 1994. He explained that the Eagan blood testing facility will be 500 office and 5O% laboratory. He stated that the proposed plan meets any parking requirements and that the proposed' preliminary plat is consistent with the City's Comprehensive Guide Plan and with the Surrounding land use. Nr. Ridley further stated that the proposal meets all City Code requirements. He concluded that staff recommends approval of this preliminary plat subject to the conditions in the staff report. I[erkley moved, Wallace seconded, the motion to approve a Preliminary Plat consisting of one lot on 3.2 previously zoned LI (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court in the SW 1/4 of Section 3, subject to the following conditions: 1. These standard conditions of plat approval shall be complied with: Al, 81, ci, C2, C4, $1, 71, Gi and H1 2. Irrigation of all turf grass areas shall be required. 3. Eighty - three parking stalls shall be allowed with the initial construction. Fifty -three proof -of- parking stalls shall be designated on the Final Plat sits plan exhibit. ; fl3 6 2 432 3780 04-28 -94 11:06AM P013 #33 S'ENr BY: EAGAN ADVISOR PLANNING COMMISSION MINUTES APRIL 26, 1994 R;95,4 4 -28 -84 ; 10 :06 ;SEVFRSON WILCOX SEEL-) 612 681 4612; #14/22 4. The development is responsible for a cash parks and cash trails dedication consistent with City policy on cammeroial /industrial property. All present voted in favor. __ att( 612 432 3780 04-28 -94 11:06AM P014 #33 Agenda Information Memo May 3, 1994 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT /GOOD VALUE HOMES L Comprehensive Guide Plan Amendment, Good Value Homes, changing the land use category of approximately 9.6 acres from LB (Limited Business) to D -II Mixed Residential (0-6 units /acre) Located west of Crestridge Drive and east of I -35E in the SE 1/4 of Section 16—Good Value Homes is requesting a Comprehensive Guide Plan Amendment to change the land use category of approximately 9.68 acres of land guided LB (Limited Business) to D-II Mixed Residential (0-6 units /acre) Iocated west of Crestridge Drive and east of I -35E in the southeast quarter of Section 16. The staff report on this item is enclosed on pages aththrough The Advisory Planning Commission conducted a Public Hearing on this matter at its meeting of April 26, 1994. The Advisory Planning Commission recommends denial of the Comprehensive Guide Plan Amendment as they do not feel that residential development in this location would be compatible with the surrounding area. The staff report sets forth additional findings to support denial for consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Comprehensive Guide Plan Amendment for Good Value Homes . to change the land use category of approximately 9.6 acres from LB (Limited Business) to D -II Mixed Residential (0-6 units /acre) located west of Crestridge Drive and east of I -35E in the SE quarter of Section 16. SUMMARY OF REOUEST $ACKGROUND/HISTORY September 23, 1986: Apra 28, 1987: PLANNING REPORT CITY OF EAGAN REPORT DATE: APRIL 18, 1994 CASE #: 16- CG- 5-11 -93 APPLICANT: GOOD VALUE HOMES, INC. HEARING DATE: APRIL 26, 1994 PROPERTY OWNER TXI, INC. PREPARED BY: KRISTY MARNIN REQUEST: COMPREHENSIVE GUIDE PLAN AMENDMENT LOCATION: SE 1/4 SECTION 16 COMPREHENSIVE PLAN: LB (LIMITED BUSINESS) ZONING: A (AGRICULTURAL) Good Value Homes, Inc. has requested a Comprehensive Guide Plan Amendment changing the land use category of 9.6 acres from LB (Limited Business) to D -II (Mixed Residential, 0 to 6 units per acre). The subject parcel was submitted for inclusion with the original Pondview Planned Development proposal, but was removed from that PD prior to execution of the Pondview PD Agreement. Following is a chronological outline of previous review activity relative to the subject parcel. APC reviewed the original 29.7 acre Pondview Planned Development proposal, of which the subject parcel was a part. This proposal designated the subject site for a ten - story 208 -unit apartment building. The APC continued the item. APC recommended approval of the Pondview Planned Development, which was revised from the original proposal reviewed in September 1986. This proposal changed the use on the subject site to include a 12,000 square foot medical clinic with a future 10,000 square foot expansion and 108 apartment units. Planning Report - Good Value Homes April 26, 1994 Page 2 May 19, 1987: CC recommended approval of the Pondview Planned Development, in concept, with the condition that a PD Agreement be entered into by all parties. This proposal, as approved, was revised from that reviewed by the APC in April 1987, and changed the use on the subject site to include multi- family residential uses with no density range stated (the medical clinic that had been proposed on the subject site was moved north of the subject site). May 24, 1988: APC recommended approval of a revised Pondview Planned Development, with the subject site removed from this PD. June 7, 1988: December 28, 1993: Between the May 1987 CC approval of the Pondview Planned Development and May 1988, a PD Agreement was not executed because the owner of the subject site and the owners of the other parcels could not come to agreement regarding certain conditions of the PD. The applicants thus requested removal of the subject site from the Pondview PD so that development on the remaining parcels (the owners of which were in agreement with the conditions of the PD) could proceed. As such, the subject site retained its previous zoning (A). CC approved revised Pondview Planned Development that removed the subject site from this PD. (The PD Agreement for this revised Pondview PD was executed on July 12, 1988). APC continued action on a Comprehensive Guide Plan Amendment changing the land use category from LB (Limited Business) to D -II (Mixed Residential, 0 to 6 units per acre), with the applicant in agreement, until completion of the commercial study. This plan amendment application was accompanied by applications for a rezoning from A (Agricultural) to R -3 (Townhouse) and a preliminary plat for 41 townhouse units. As action on the plan amendment was continued, no action was taken on the rezoning or preliminary plat. (This Comprehensive Guide Plan Amendment is the application now under review in this report. Action on the rezoning and preliminary plat, if applicable pending action a �� Planning Report - Good Value Homes April 26, 1994 Page 3 SURROUNDING USES EVALUATION OF REOUEST on the plan amendment, would proceed at a future APC meeting.) The adjacent property to the east and north has been developed with two restaurants (one sit down and one fast food), two convenience stores with gas pumps, and a small medical clinic. The subject parcel is separated from existing single- and multi- family residential to the west by I -35E and from proposed townhouse residential to the south by Pond JP -3. The applicant has requested a change in the Comprehensive Land Use Guide Plan designation for the site from a commercial land use category to a residential land use category. Its current commercial category, LB (Limited Business) primarily allows offices, clinics, banks and institutional uses. Given the size of the subject site, commercial development would likely be smaller - scale. The proposed residential category, D -II (Mixed Residential, 0 to 6 units per acre), allows any type of residential unit, provided the density is within the specified range. The recently completed Commercial Market Analysis indicated that there is an excess of retail - commercial land in the City. (Small offices, clinics and banks were considered retail - commercial uses for the purposes of the market analysis). However, one of the conclusions of the overall Commercial Land Use Study is that the City needs to maintain an oversupply of retail - commercial land beyond the projected demand in order to avoid skewed land values. The City's commercial market consultant also indicated that there is a limited demand for small office uses at this time. However, the subject site has excellent freeway visibility. The site would be a prime location for office, should the market pick up, or for another retail or service commercial use desiring this visibility. Also, construction of the ring road as is being proposed will provide even greater visibility and access, making the subject site even more desirable for commercial development. SUMMARY /CONCLUSIONS 1) The subject site is fairly small and is separated by physical features (pond, interstate freeway) from adjacent residential development. As such, the proposed change to a residential land use category would create a small isolated pocket of low- density residential development. 2) Although the proposed change from a commercial to a residential land use category ark Planning Report - Good Value Homes April 26,1994 Page 4 would eliminate some of the excess supply of retail - commercial land, the City needs to maintain an adequate supply of commercial land, particularly in prime locations. 3) The subject site has excellent freeway visibility and will receive even greater visibility and access with the establishment of the proposed ring road, thus making the subject site a prime location for commercial development. Establishment of the proposed ring road will require a major investment in infrastructure improvements. Those areas around the ring road should be preserved for commercial or another form of intense development in order to maximize the return on major investments to Eagan's infrastructure. RECOMMENDATION Comprehensive Guide Plan Amendment: Based on the foregoing analysis and listed conclusions, staff recommends denial of the requested Comprehensive Guide Plan Amendment changing the land use category from LB (Limited Business) to D -II (Mixed Residential, 0 to 6 units per acre). a? I 7 LOCATION WATER TREATMENT FAC/LITr NW CITY MAINE FACILITY DAVENPORT AVE YANKEE T1 a 4 Z i • ZONING A SENT BY: BAGAN ADVISORY PLANNING COM IISsION XINUTES APRIL 26, 1994 Chairman Voracak opened the next public hearing of the evening regarding a Comprehensve Guide Plan Amendment changing the land use category of approximately 9.6 acres from LB (Limited. Business) to D -II Mixed Residential (0 -6 units /acre) located west of crestridge Drive and east of I -358 in the SE 1/4 of Section 16. Project Planner Marnin introduced this item. She stated that Good Value Mimes, Inc. has requested a Comprehensive Guide Plan Amendment changing the land use category of 9.6 acres from Limited Business to D-II Mixed Residential (0 -6 units /acre). Shs explained that the subject parcel was submitted for inclusion with the original Pondview Planned Development proposal but was removed from that PD prior to execution of the Pondview Planned Development Agreement. She explained that the Commission continued the applicant's request for a C. ).rehensive Guido Plan Amendment at its December 28, 1993, meeting, wi , the applicant's consent, until the completion of the Commercial Use Study. Accordingly, as Ms. Marnin explained, the Comprehensive Guido Plan Amendment request is now back before the Commission for its consideration. Ks. Marnin stated that the property is surrounded by two restaurants, two convenience stores, and a small medical clinic to the east and north, I -35B to the east, and a proposed townhouse residential area to the south. She explained that a recent commercial market analysis reported that there is an excess of retail /commercial land within the City of Ragan, however, one of the conclusions of the overall Commercial Land Use Study is that the City needs to maintain an oversupply of retail /commercial land beyond the projected demand in order to avoid skewed land values. She stated that the approval of the Comprehensive Guide Plan Amendment would result in a small pocket of residential use aeong commercial use. Ks. Marnin stated that the subject site is fairly small and separated by physical features such as the pond and the interstate from adjacent residential developments. She stated that the City needs to maintain an adequate amount of commercial land within prime locations such as this site where there is freeway visibility and exceptional access. Ms. Heroin concluded that staff recommends denial of this application. John Peters, a representative of Good Values Homes, Inc., was present. He stated that he objects to the characterization that the amendment will result in a small pocket of residential use. He stated that the pond is pivotal for residential use and that visibility and access is not just a benefit for commercial uses. He further stated that the proposed project will bring increased revenues to the City. 1R +94X 4 - 28 - 84 ; 10 :06 ;SEVERSON WILCOX SMEL- 612 681 4612;#16/22 COMPRUNNBIVB SIIIDB PLAN ANNMDMANT - GOOD VALUI NOMUS 612 432 3780 04 -28 -94 11:06AM P016 #33 SENT BY: EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 -28 -94 ; 10 :07 ;SEVERSON WILCOX SHEL 612 681 4612; #17/22 1t -94% r".‘ i r• r" ft • Member Mayl stated that the property is currently zoned Limited Business and the Commission should focus on the question of why should it be changed, as opposed to Why should it not be changed. She further stated that the acoest and visibility of the subject property is ideal for Limited Business. She further stated that the pond is not an "adhesive' factor for residential use but instead the pond makes the area a acre isolated pocket of residential use. Ms. Heyl stated that based on the above stated reasons the property should not be changed from Limited Business. Member Segal stated that he concurred with Member Heyl and staff. Miller moved, Wallace seconded, the motion to deny a comprehensive Guide Plan Amendment changing the land use category of approximately 9.6 acres from LB (Limited Business) to D -II Mixed Residential (0 -6 units /acre) located west of Crestridge Drive and east of I -35B in the SE 1/4 of Section 16, subject to the following reason: 1. The proposed amendment is not compatible with the area. All present voted in favor. 0.0 3 612 432 3780 04 -28 -94 11:06AM P017 #33 Agenda Information Memo May 3, 1994 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT /CENTEX HOMES 1. Comprehensive Guide Plan Amendment, Centex Homes, changing the land use category of approximately 19.52 acres from CPD (Commercial Planned Development) to D- III Mixed Residential (6-12 units /acre) located south of Town Centre Drive and east of Yankee Place in the NE 1/4 of Section 15-- Centex Homes, along with Eagan Heights Commercial Park, has requested a Comprehensive Guide Plan Amendment to change the land use category of approximately 1932 acres in the Eagan Heights Commercial Park Planned Development from CPD (Commercial Planned Development) to D -III Mixed Residential (6-12 units /acre). The staff report on this item is enclosed on pages,2 through The Advisory Planning Commission conducted a Public Hearing on this matter at its meeting of April 26, 1994. There was extensive testimony from the residents living south of the subject property. The residents opposed the change. The Advisory Planning Commission recommends denial of the Guide Plan Amendment for Centex Homes citing the reasons set forth in the residents' letter to the Commission, as well as the following reasons: 1. The development in both the commercial area and residential area has taken place in reliance on the planned office development for the subject property. 2. The residential development of this property would not be compatible with the surrounding commercial area. 3. The Commission did not feel that the single family area to the south should be entirely surrounded by higher density residential areas. They felt Limited Business uses would be more compatible. 4. Additional residential development would increase the pressure on the park capacity. 5. The Commission felt that the burden of proof was on the applicant to show that Limited Business is not appropriate for the area. The Commission did not feel that the applicant made such a showing; therefore, the Advisory Planning Commission recommends denial of the Comprehensive Guide Amendment. Council will note that the City staff had recommended approval of the Comprehensive Guide Amendment. Many of the issues raised by both the citizens and Planning Commission could be addressed through proper site design and control of density that would be available through the Shoreland Zoning Ordinance, as well as the Planned Development review and approval process. However, staff agrees that much of the development in both the residential areas Agenda Information Memo May 3, 1994 City Council Meeting to the south, east, and west, as well as the commercial area to the north of the subject site has occurred over previous years with the understanding that this site would be developed for office uses. Mixing commercial and residential uses can be accomplished effectively if designed as such from the very beginning. In this case, a residential development that would fit in the surrounding area would be a greater challenge. A good residential design, given the Shoreland Zoning and the surrounding area, would probably require fewer townhouse units than currently envisioned by Centex Homes. The concern of the neighbors was that a D -III Land Use Plan designation on this property would allow the maximum development as permitted under that designation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny a Comprehensive Guide Plan Amendment changing the land use category of approximately 9.52 acres from CPD (Commercial Planned Development) to D -III Mixed Residential located south of Town Centre Drive and east of Yankee Place in the NE Quarter of Section 15. �a f REPORT DATE: APRIL 18, 1994 CASE #: 15- CG- 3 -2 -94 APPLICANT: CENTEX HOMES HEARING DATE: APRIL 26, 1994 PROPERTY OWNER EAGAN HTS CML PARK PREPARED BY: KRISTY MARNIN REQUEST: COMPREHENSIVE GUIDE PLAN AMENDMENT LOCATION: NE 1/4 SECTION 15 COMPREHENSIVE PLAN: CPD (COMMERCIAL PLANNED DEVELOPMENT) ZONING: PD(LB) (PLANNED DEVELOPMENT- LIMITED BUSINESS) SUMMARY OF REQUEST PLANNING REPORT CITY OF EAGAN Centex Homes has requested a Comprehensive Guide Plan Amendment changing the land use category of approximately 19.52 acres from CPD (Commercial Planned Development) to D-III (Mixed Residential, 6 to 12 units per acre). BACKGROUND/HISTORY The subject parcel is part of the Eagan Heights Commercial Park Planned Development, which was approved on July 20, 1982 for a term of 10 years. This PD Agreement expired on July 20, 1992. Although the PD Agreement has expired, it remains in effect until action is taken by the City Council to remove the PD designation. An underlying zoning of LB (Limited Business) was established for the subject site in the original PD Agreement. A prelimin% y plat of two lots and one outlot was approved for the subject site on February 21, 1989. One 52,400 square foot office building, with a 16,000 square foot basement, was proposed for the two Lots. A one -year extension for the preliminary plat approval was granted on February 20, 1990. No further activity has occurred on this plat and, as such, the preliminary plat approval expired on February 21, 1991. The subject property remains as Outlot A of Town Centre 100 6th Addition. SURROUNDING USES The adjacent property is developed with a variety of uses -- apartments to the east and southwest, single -family residential and park to the south, conunercial strip center to the Planning Report - Centex Homes April 26, 1994 Page 2 west - northwest, and movie theaters (pending) and vacant land to the north across Town Centre Drive. EVALUATION OF REQUEST Given its current commercial Land Use Guide Plan category, its LB underlying zoning, and its size, the subject site could be developed with small office uses (and was in fact previously proposed for such uses—see BACKGROUND /HISTORY above). The proposed residential category, D -III (Mixed Residential, 6 to 12 units per acre), allows any type of residential unit, provided the density is within the specified range. The recently completed 'Commercial Market Analysis indicated that there is an excess of retail-commercial land in the City. (Small offices were considered retail - commercial uses for the purposes of the market analysis). Also, the City's commercial market consultant indicated that there is a limited demand for small office uses at this time. However, one of the conclusions of the overall Commercial Land Use Study is that the City needs to maintain an adequate supply of retail- commercial land in suitable locations beyond the projected demand in order to avoid skewed land values. Thus, the appropriateness of this site as a location to eliminate the excess or to maintain an adequate supply of retail - commercial land requires examination. The subject parcel is not located on a collector or arterial roadway, nor is it visible from any major thoroughfare. Although not a bard - and -fast rule, unless the particular commercial use is primarily destination- oriented, most commercial uses are generally better suited to sites with higher levels of transportation access than a local road and with good visibility for potential drive -by customers. Development of the site with the residential uses in the medium - density range as proposed would be a westward extension of the existing medium /high - density residential development Iocated immediately east of the site Buffering would be necessary to minimize any potential impacts to the low-density single - family residential development south of the site and from the commercial development north and northwest of the site. Regardless of development type, the subject site lies within the shoreland area of O'Leary Lake and would be subject to the City's Shoreland Ordinance requirements. In addition, should this proposal proceed, an amendment to the preliminary development plan of the Eagan Heights Commercial Park Planned Development showing the overall development concept (including uses, amenities, site circulation, etc.) for the PD will be needed. SUMMARY /CONCLUSIONS 1) The subject site does not have direct access to a collector or minor arterial roadway, gP1 Planning Report - Centex Homes April 26, 1994 Page 3 and is not visible from any major thoroughfare. 2) Residential development of the site at a medium- to high- density range is a compatible extension of the existing medium /high- density residential development immediately east of the site. Site design, improvements and amenities should be used to buffer development on the subject site from differing adjacent land uses. 3) The proposed change from a commercial to a residential land use category would eliminate some of the excess supply of retail - commercial land, and the subject site is an appropriate location for the elimination of this excess. Development on the site will be subject to the City's Shoreland Ordinance requirements. Development on the site will require an amendment to the preliminary development of the Eagan Heights Commercial Park Planned Development showing the overall development concept (uses, amenities, site circulation, etc.) for the PD. RECOMMENDATION Comprehensive Guide Plan Amendment: Based on the foregoing analysis and listed conclusions, staff recommends approval of the requested . Comprehensive Guide Plan Amendment changing the land use category from CPD (Commercial Planned Development) to D -III (Mixed Residential, 6 to 12 units per acre). YANKE LOCATION BLUE IO, GREENSBORO LN. GREENSBORO CT. I - TAMARAC 2- BIRCH PT. PI, 3 - NORWAY PT. 4 - FOREST RIDGE TR. 5 - IRONWOOD LN. 6.. REDWOOD PT. 1 7 - SPRUCE PT. DOODLE ROA D GUIDE PLAN ZONING Mayor Council cil Members City planning Commission Members Advisory City Administrator Hedges Dear fellow citizens of Eagan: considering Commission will be April 26th meeting, Planning at their AP c the Advisory guide plan amendments attetheir comprehensive 9 to bring to y s and 1 have some items a summary of concern. - petition and and Cen tex }tomes f Please. find attached a p ro proposed rezoning c located south o- pertaining to the F P 19.52 acre` 1 4 NE 1/4 plan n P the approximately the NW 1 Town Centre file for o f Yankee Pla to i of our neighborhood. Town Centre 15 which h i east to the which is directly ers to of Section 15 potential develop with you an d also to work mutually agreeable hope it will Our Purpose is ou and any p mutually doing sow_ b one up with a solu wh c onc erned• beneficial to all Parties assist you i making an informed decision. Thank you for you consideration. Si cerel Y . { Colleen Pudwill (612) 688-2818 jdp PAll Colleen Pudwill 3513 an Widgeon April 19, 1994 Comments and Concerns voiced at an April 18, 1994 meeting of Widgeon Way homeowners and crime watch group Homeowners along Widgeon Way met and discussed at length the possibilities pertaining to land use for the approximately 19.52 acres located south of Town Centre Drive and east of Yankee Place in the NW 1/4 NE 1/4 of Section 15 which is directly to the North of our neighborhood. It is our understanding that the site is presently zoned CPD (Commercial Plan Development) and in April the Advisory Planning Commission will be considering a comprehensive guide plan amendment to change the land use category to D -III (Mixed residential, 6 -12 units /acre). Many homeowners have lived in this neighborhood throughout the development of the entire area and have much to say regarding its history. Numerous events have occurred in the name of development which leave the homeowners skeptical of yet another change in regards to this amendment consideration. Through series of zoning changes and mislaid promises our neighborhood is nearly surrounded by high density units and there is precious little green space for recreational use. If the 19.52 acres is also developed to a dense population, there is no consideration being made for the necessary green space for neighborhoods in the O'Leary Lake area. The O'Leary Park is no longer a neighborhood park. After the latest development of the high density Waterford Apartments which did not provide green space or recreational facilities on their properties, O'Leary Park has become a hang -out location for young adolescents. As a result we no longer allow our children to use the park unsupervised and we are not comfortable walking through it alone. So, where will the additional children play? There were ball fields and other playground facilities where the Waterford Apartments are now located. As a result, there are virtually none of these amenities for miles. With the proposed rezoning and Centex development plan the City will essentially pack more people in an already overly- congested area with few of the necessary amenities needed for orderly coexistence. We are therefore very concerned about the impact more congestion will have on crime in the area and on our property values. Homeowners have also expressed concerns regarding the condition of O'Leary Lake. What was pristine water is now overrun by algae and weed growth. We feel this is in large, a result of the added apartment and commercial area runoff to the lake. The City's drainage plan called for all runoff from the north side of the lake to be routed to the O'Neil property north of Yankee Doodle. But mysteriously a pipe was constructed from that area which now drains into the lake. The City's plan was then changed to accommodate the pipe. By allowing Centex or any other developer to build so dense on this property and so close to the shoreline O'Leary Lake will surely be compromised even further. As anyone can readily see this so- called "planned development" of Eagan Heights property has become a hodge -podge over the years with the numerous changes that have rearranged the land use relationships. We would like to propose that you take some more time to explore the possibilities and not jump at the first opportunity that presents itself. Let's find something that's truly a good fit for all involved. Please remember, we are likely one of the biggest stakeholders in your decision. As concerned citizens and homeowners we would like the Advisory Planning Commission to have a specific overall development plan to integrate this last open section of property into the surrounding community BEFORE allowing for any comprehensive guide plan amendment to change the land use of said property. The current sketchy and crowded plan on file by Centex Homes is unacceptable to us. D -III zoning for this property would compound existing problems which are the result of poor planning including: * D-III will be much too dense in this development and neighborhood and would severely overcrowd both existing and new residents. The proposed addition of 162 units would comprise over 500 people. * Green space and recreational areas would be unavailable. The only recreational area nearby is O'Leary Park which is already overcrowded and causing residents to be concerned about crime potential. (Note: the Centex plan on file only allows for one open area of approximately 100 feet by 100 feet. * O'Leary Lake is already negatively impacted by over - drainage. * On- street parking is already a problem further east along Town Centre Drive due to the existing apartment complexes. * No buffer zones would exist for such a dense development between it and either Duckwood Estates, or O'Leary Lake, or adjoining commercial properties. * The original plan for office buildings with esthetic brick exteriors along the lake side lends itself to a quieter neighborhood than the dense population that D -III would allow. • We see two alternatives which are more acceptable: 1 The land use remains CPD and is used for small office as is currently planned. This allows for less demand on the neighborhood and less congestion. 2 Land use is amended after initial studies and consultations to no higher congestion levels than those of D -II (mired residential, 0 -6 units /acre) and developed as possibly a retirement community. Under this scenario, the community would have easy access to shopping, medical facilities, and transportation. The community should, of course, have recreational green space incorporated into it. This retirement type of residential development would he an asset rather than an added strain that other types of residential dwellings would be on surrounding neighborhoods. We request that we be notified of any and all further zoning considerations or developments in regards to this property. We want to be made aware of the situations as they arise and will be glad to assist in any way we can in order to maintain the quality of life that we all want to be a part of as the City of Eagan. CONTACT PERSONS: Steve Klein 3538 Widgeon Way Eagan, MN 55123 home: 452 -6579 work: 832 -2809 Colleen Pudwill 3513 Widgeon Way Eagan, MN 55123 home: 688 -2818 We, the undersigned homeowners of Widgeon Way, do hereby PETITIOTI that the approximately 19.52 acres located south of Town Centro Dri east of Yankee Place in the NW 1/4 !TE 1/4 of Gecti ^c: 15 remain CFI! (commercial planned development, e.g., small office) ?e: it is presently zoned. We do not want to see any comprehensive arid.? plan a tne n d m sanf c the land use category until there is a specific overall development plan to integrate the property into the surrounding commnni s' -h plan would allow changes -to be evaluated for thoir impact nr the quality of life in Eagan. D -III (6 -12 units /acre) zonina is an example of a change which is poorly planned and would have a negative impact on the auality of life in Eagan. Specifically the high density is unacceptable in light of the surrounding developments. An overcrowded D -III zoning would increase the potential for crime, would not provide adegnate green space for recreational areas or buffer zones, would adversely affect O'Leary Lake and O'Leary Park, and would compound on- street rarkina problems for Town Centre Drive. PETITION of the Comprehensive Guide P Amendment eii( Town Cent r e I .)rive ADDRESS Gt/ 5'1 —31Ml itcAer,L ss L4)4 E4 „4 Vu _ .1/54c7.3..v 3 .3595 Widc lyV_1Nc y t'ct _ - _h$7._- 41.73 a w - 1541 - 4 77.5” • S..` buctedt..___ . 3 S9 S col ct eort WeLc 4au t - - - 4t t l - q y ?3 — /_ . 19 1e 4Qser_dr. _ =a/7 _ 445V-My ' 4 .)47_ iiifejApsfit, y 5 ,./A tst _ ei 14,411 qg-2 -6 1 / 1).3'3 _Met t ( <fs - r 73 B SI ° -- cc1 - J _ vsv 9016 fo ') — % We, the undersigned homeowners of Widgeon Way, do herehy ?ETITI0N that the approximately 19.52 acres located south of Town Centro Driuo and east of Yankee Place in the NW 1/4 NE 1/4 of Section 15 remain r171 (commercial planned development. '.a.. small office) as it is presently zoned. We do not want to see any comprehensive gni de plan amendments c } the land use category until there is a specific overall development plan to integrate the property into the surrounding community. Gi'c} a plan would allow changes to he evaluated for their impact on the quality of life in Eagan. D -III (6 -12 units /acre) zoning is an example of a charge which it poorly planned and would have a negative impact on the quality of life in Eagan. Specifically the high density is unacceptable in light ^f the surrounding developments. An overcrowded D- II? zcr.ina would increase the potential for crime. would not provide adequate greer space for recreational area or hnffer zones. world adversely affect O'Leary Lake and O'Leary nark. and would compound nn- street parking problems for Town Centre Drive. I'E'l•I I N of the Comprehensive (inide Plan Amendment i'own Centre !.)rive 6 7 8 9 10 11 12 13 14 15 ADDRESS 4,/±eze_42... _11/1)._ 3 s 7 L .�uti e 7 c1 : 4 4.._c_c_4/ei e.) PHONE �__ We, the undersigned homeowners of Widgeon Way, do hereby PETITIOT that the approximately 19.52 acres located south of Tcwn C?ntr' T)rive and east of Yankee Place in the NW 1/4 NE 1/4 of Section 15 remain CPT! (commercial planned development. e.g.. small office) as it is presently zoned. We do not want to see any comprehensive guide plan amendments changina the land use category until there is p specific overa11 development plan to integrate the rr.operty into the surrounding community. Such a plan would allow changes to be evaIuated for their impact on the quality of life in Eagan. D -III (6 -12 units /acre) zoning is an example of a char.ae :rhich is poorly planned and would have e. negative impact- on the quality of life in Eagan. Specifically the hiah density is unarcertahle in light of the surrounding developments. An nverrrowder n -IIT 7nnina wo''ld increase the potential for crimp. w' '1d nr,t rrn0,:ip adaa»ato arPen space for recreational areas or buffer zones, would adversely affect O'Leary Lake and O'Leary Park, and would compound on- street rarkina problems for Town Centre Drive. FAME ADDRESS_ 1 044J JG, 2 C GU �c � .t L 3 l�lK iu/ri.- 4 (Li ,kit 15 PETITION ION cif the Comprehensive Guide Plan Amendment Town Centre Drive 7 /�i�rl+ i �.a,�.�•- 5'-.37i. /.- ! jr c1 '�/• G '� ''` ..;?4 4 ;;;.!9e.- 71. 35 ZS (AA v U L_t1 _ Ly (c$ cNC'S r L 1 $ � )6-A 61 fit -( !cifi 7 -`<_ PRONE____ .. 7744-d tt. 3 5 13_ . CLZry.._ 5/s...is 7 3 r 1tii t - . (_ G A y5 7 / _ � _ " fix _ - - -- 913'1 We, the undersigned homeowners of Widgeon Way, do hereby PETITION that the approximately 19.52 acres located south of Town Centre Drive and east of Yankee Place in the NW 1/4 NE 1/4 of Section 15 remain CPD (commercial planned development, e.g.. small office) as it is presently zoned. We do not want to see any comprehensive guide plan amendments changina the land use category until there is a specific overall development plan to integrate the property into the surrounding community. Such a plan would allow changes to be evaluated for their impact on the quality of life in Eagan. D -III (6 -12 units /acre) zoning is an example of a change which is poorly planned and would have a negative impact on the quality of life in Eagan. Specifically the high density is unacceptable in light of the surrounding developments. An overcrowded D -III zoning would increase the potential for crime, would not provide adequate cretin space for recreational areas or buffer zones, would adversely affect O'Leary Lake and O'Leary Park, and would compound on- street parking problems for Town Centre Drive. PETITION of the Comprehensive Guide Plan Amendment Town Centre Drive nAmr ApnRRSs____ g. oil 35S.. tli 353 3 5 .._ . t%)Gf0N 33 444i4xtja 3 53 s cv 5 6 7 8 9 10 11 12 13 14 15 sSSS CO, 35 .29YLA "aleat22 6 &L April 21,1994 Tom Egan We are tie Mes* niks, residing at 3537 E Widgeon Way. On Tuesday, April 26,1994, the planning coon is scheduled to address the rezcnmg of land located south of Town Centre Drive and east of Yankee Place, from commercial planned development to D -M. We are against the rezoning. We have lived here since 1979. During this time Eagan has grown and changed. Duckwood has become a major thoroughfare. Apartments have been built on either side of vur deevvelopmezt. The existing apartments are very dense. Minimal space and play area has been set aside by the developers.. The only park in the area, O' Leary, has two sma11 climbing gyms, a nature walling path, and a basketball and tennis cart. Apart were also densely built along the east side of Lexington Avenue. People (children, ladies with strollers, and adults out for a walk) cross Lexington Avenue, a 50 MPH zone, on foot, without crosswalks to use the park. This its further pressure on the park. This goes beyond our immediate neighborhood. The apartment residents hang out in the park. The loitering teenagers, make it uncomfortable (1) for us to go through the park by ourselves, let alone our kids. Our neighborhood park, appears to have been ceded to the apartments. Apartment residents appear surprised, when they discover that it is a public park. Ivlore recently, the Waterford Place Apartments were built on Town Centre Drive. These apartments have less available space than the others. Additionally, there is insufficient space for parking which overflows, bump to bumper , onto Town Centre Drive., at all hors. There have been crime incidents in the neighborhood. Last summer, mail was taken from mail boxes and found a half mile away. Neighbors have had their home broken into. Last month, it was McGyver bombs in a neighbor's mailbox. In the next cul- de-sac, someone broke in and was watching someone sleeping. I won't say more. We canoed an the pond last summer and were surprised at the build up. Run off, in the area, is greening the local pond. This pond has been a place for geese, ducks, and muskrats. A large owl has woken us, calling at night. We hang feeders in our yard to attract cardinals, finches, and orioles. Now, there is a oposal to rezone property to build extremely dense, 6 to 12 units per acre, housing across the street. additional people: would place more strain on the already crowded local park. The proximity jeopardizes the pond, both during construction and from further nm off. We once voted for a five million dollar, park building, bond issue, which we believed would provide for soccer fields or ball diamonds in the immediate area. We now have somewhat less than that. We ate not in favor of Duckwood Estates nei Our children attend Glacier Hills El School. This school's boundaries have been gem by the school board to :, as unsay of the apartment and rental townhouse units as possible. We have contributed to diversity. Give us a break I Leave this land zoned commercial planned development, and facing north. l a.v t — Terry and Caro Mes ik this ype of devel ent al the northern Any fur deve opmeot of this type is APR 2 5 of the SENT BY: RAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 -28-94 ; 10:07 ;SEVERSON WILCOX SHELri 612 681 4612; #18/22 COYPRSHXNBXU GUIDE PLAN ANi11DMENT - o�errez ICONAB Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Guide Plan amendment changing the land use category of approximately 19.52 acres from CPD (Commercial Planned Development) to D -I!I Nixed Residential (6 -12 units /acre) located south of Town Centre Drive and east of Yankee Place in the NB 1/4 of Section 15. Project Planner Marnin introduced this item. She advised the Commission that the applicant has requested a Comprehensive Guide Plan Amendment changing the land use category approximately 19.52 acres from Commercial Planned DQvelopment to D -IIX Sired Residential (6 -12 units /acre). She advised that the subject property is part of the Hagan Heights Commercial Park Planned Development approved in July 1992. The subject property was designated Limited Business under the original PD Agreement. In 1989, a preliminary plat of 2 lots and one outlot vas approved for the subject property. Ms. Marnin stated the adjacent land is developed with a variety of uses: apartments to .the east and southwaet, single - family residential and park to the south, commercial strip center to the northwest, and proposed movie theatre and vacant land to the northacross Town Centre Drive. Due to the current commercial land use guide designation and its else, the subject property could be developed with small office uses. Ms. Marnin further stated that the subject property is not located on a collector or artillery roadway nor is it visible from any major thoroughfare. She stated that the proposed development of residential uses in the medium- density range is compatible with the existing medium /high density residential development located immediately to the east of the alts. Ms. Marnin noted that should this proposal be approved, an amendment to the preliminary development plan of the Eagan Heights Commercial Park Planned Development showing the overall development concept for the planned development will be needed. She concluded that the subject site doss not have direct access to a collector or minor artillery roadway and is not visible from any major thoroughfare; the proposed residential development is compatible with the surrounding area; and, the proposed amendment _ Mould eliminate some of the excess supply of retail /commercial land. She advised that staff recommends approval of this application. Brace hiller of Federal Land Company, a representative of the applicant, was present for comment. Mr. Millar advised the Commission that the reasons for the proposed Comprehensive Guide Plan Amendment were as follows: (1) the proposad residential use will eliminate the oversupply of commercial uses; (2) the market condition is not 1•94fr 4; 612 432 3760 04 -28 -94 11:06AM P016 #33 SENT BY: EAGAN ADVISORY PLANNING CO14MISSION MINUTES APRIL 26, 1994 presently demanding office /commercial uses or spaces (3) D-III would compliment the area and act as a buffer to the surrounding uses; and (4) the property has iow visibility to any major thoroughfares and therefore not compatible for commercial use. 1 resident of 3538 Widgeon Way spoke to the Commission on behalf of the Widgeon neighborhood. The resident stated that the single- family neighborhood objects to the proposed Comprehensive Guide plan Amendment for three reasons: (1) safety; (2) decrease in property values; and (3) the adverse effect on the qualit of O'Leary Lake. The resident stated that with the high density housing in the area there ig Crime in their neighborhood, citing a recent bottle bomb *natant and vandalism and congregation of large groups in the park. The resident also stated that overly densed residential housing Will decrease their property values because typically overly denied dousing is not kept up. Lastly, with respect to the quality of O'Leary Lake, the resident stated that the lake is not any longer a Npristipe" lake but instead suffers from a high quantity of algae and emits odors. The resident also expressed concern that the increased development will cause more runoff to the lake causing its water quality to decrease. The numerous residents for whom this resident was speaking that were present at the meeting stood up to show their support. A resident of 3521 Widgeon Way also expressed concern that the existing apartments to the west of the neighborhood are not the apartments that were proposed to the City Council when that development was brought to Council for approval. Another resident of 3529 Widgeon Way stated that she concurs with the resident of 3538 Widgeon Way and added that she believes that high density residential in the area has caused O'Leary Park to deteriorate due to the large number of people now using the park as their source of entertainment. 11 resident of 3533 Widgeon Way stated that D-III does not Oompliment the area. Bhe stated that a development that has lass density would truly compliment the area. A resident of 3528 Widgeon Way pointed out to the Commission that across Town Centre Drive Was the emission station and therefore the proposed site should be left at Limited Business. Z-94X 4 - 28 - 84 ; 10 :07 ;SEVERSON WILCOX SHEL-i 612 681 4612; #19/22 r -, 0 4 1( 7 612 432 3780 04 -28 -94 11:O6AM P019 #33 SENT 8Y= SAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 4 -28-94 ; 10:08 ;SEVERSON WILCOX SHEL-I 612 681 4612; #20 /22 Charles Bartolie of Centex Hones noted to the Commission that 3 agree of the existing park was dedicated by Federal - Land company many years ago. He further stated that no playfields or parks were proposed for the site of Waterford Apartments, located west of the Widgeon neighborhood.. Mr. Bartolie further explained that the drainage for the proposed site will be to the north and not to the lake although originally intended to drain into O'Leary Lake. He stated that the Comprehensive Guide Plan should be amended to residential for the following reasons: (1) the property is presently guided LB which gives a variety of uses, including on -sale liquor which also can contribute to criminal activity; (2) prior to the PD adoption, the property was. zoned R -4; (3) the proposed classification is D- III, not D-IV, therefore has less density; and (4) the O'Neill property to the north is designated as commercial. The resident of 3538 Widgeon Way again spoke and stated that he is concerned about the drainage because according to the City's own map there is . a pond to the north of the proposed site which was to drain north but prepently there exists a pipe that runs from the pond to the lake. This resident also expressed concern about lack of notice of the proposed development by the developer or the City. Member Segal inquired with the residents whether they would prefer lower density residential or commercial to which the resident of 3538 Widgeon Way stated that the residents would prefer a use rather than a business with harming. The residents of 3532 Widgeon Way opined that the drainage into the lake vas illegal and opined that the proposal was no good for the City of Eagan but only to Federal Land Company. Member Ioberg stated that he is not convinced that low density v. high density housing has any affect on the crime rate nor does commercial V. residential use have any affect on the crime rate. He stated that because a lower density use would be more coanpatibls with the surrounding uses he could not recommend approval of the request for D -III use. Member biller stated that the area has a lot of . commercial space and .does not see any residential classification compatible with the surrounding area. Member Segel stated that he is not in favor of the request because he is not convinced that high density is batter than commercial use. OV 1; ■44% 612 432 3780 04 -28 -94 11:O6AM P020 #33 SENTRY: RAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 26, 1994 111 present voted in favor. 4 -28 -94 ; 10:08 ;SEVFRSON WILCOX StfEL-+ 612 681 4612;421/22 Member Beyl stated that the property access is not beneficial for Commercial use and that D -IZI is not appropriate because it is not coMpatible with the surrounding R -I use..She stated that although she does not 'buy that crime does not exist in commercial areas as opposed to high density, she is oonaerned With putting D -III density with R -I districts. Based on the - foregoing, she stated that she must deny the request. Chairman Voracek stated that for the reasons stated by the umbers of the Commission and the residents, he is of the opinion that the proposed Comprehensive Guide Plan Amendment is not appropriate. Miller moved, Segal seconded, the notion to deny a Comprehensive Guide Plan Amendment changing the land use category of approximately 19.52 acres from CPD (Commercial Planned Development) to D -III Mixed Residential (6 -12 units /acre) located south of Town Centre Drive and east of Yankee Plabe in the NE 1/4 of Section 15. (:,;( s ■95% 1 2 432 3780 04 -28 -94 11:06AM P021 #33 Agenda Information Memo May 3, 1994, City Council Meeting ORDINANCE AMENDMENT K. Ordinance Amendment, Chapter 13, Section 13.20 (Building Permits Prior to Public and Private Services) and Section 13.30 (Required Improvements - Public Design and Installation of Infrastructure) - -In response to a Council directive, the City staff has amended various sections of Chapter 13 (Subdivision Regulations) that are necessary to ensure that the design and installation of all public infr t e facilit'e will be through a public improvement process, Enclosed on pages throug is a copy of the Ordinance revisions showing the additions (underlined) and deletions strike -out). This Ordinance amendment was discussed at a public hearing before the Advisory Planning Commission on April 26, 1994. There was no public in ut and the Commission unanimously approved the amendments. Enclosed on page a is a formal Policy that is being presented for the Council's consideration and approv as well. If this Ordinance amendment is approved on May 3, it will be published in the legal newspaper and will become effective on May 12. All development applications received by the May 15 submittal deadline for the June Planning Commission will be required to comply with this new Ordinance amendment and City policy. The Directors of Public Works and Community Development will be available to discuss any questions or concerns pertaining to this Ordinance amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Ordinance amendment to Chapter 13 (Subdivision Regulations) and City policy pertaining to the public design and installation of all infrastructure facilities and authorize the Mayor and City Clerk to execute all related documents. \ .; .1:.C..bt.{'V2tC. W L.'- v. tors.% • r fib M.. .. �. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER THIRTEEN ENTITLED "SUBDIVISION REGULATION (PLATTING)" BY AMENDING SECTIONS 13.04; 13.20, SUBD. 14; AND 13.30, SUBD. 15 REGARDING DEFINITIONS, BUILDING PERMITS PRIOR TO PUBLIC AND PRIVATE SERVICES, AND REQUIRED IMPROVEMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by changing 13.04, to read as follows: 62. "public Street" - A dedicated public right -of -way Qr easement which affords a primary means of access to abutting property. 68. "private Street -Psivste" - A street which is not dedicated to the City for public use. Section 2. Eagan City Code Chapter 13 is hereby amended by changing 13.20, Subd. 14, to read as follows: A. No Permits. Until Contract Awarded. In plats that are to be served by municipal water and sanitary sewer, the City shall not issue building permits until a contract has been awarded for the installation of said water and sewer by the City . (See Subdivision 1 of this Section). er- h sawed-by-pr#wate-septte- ter-- wells -when- -said- pr4vato - mept4c- syst-.ms-are - approved by th. nit.. _ Section 3. Eagan City Code Chapter 13 is hereby amended by changing 13.30, subd. 15, to road as follows: C. pesian and Construction. The design and the construction of . sanitary sewer systems, water systems, storm drainage system' .sewers, streets. trailways and sidewalks located on public rights -of -way or easements to be dedicated to the City wwit in shall be completed by -ether the City. j-et s- r-. The dpeveloper shall submit a petition in the for prescribed by the City, to the City Engineer,, requesting the desian and •o.iil- installationd of Public Improvements. The Council may accept the petition and install the improvements and assess the cost in accordance with City policy and Minnesota Statutes, Chapter 429. Mee* petition meet shall include a requested method of assessment spreading (per lot, front footage, percentage ratios, etc). The Developer shall waive �y eta right* to A rand all public hearing and Dhall agree to the acceptance of all costs associated with the Public &Improvements. The City installation of required improvements shall not provide for any overall site grading. ements— and -- sights -of- way - necessary -te sees• -as- ..' :quested by the app l ; c n * persons strike writ of 2. Developer - Installed Improvement de' toper /applicant elects to install future City util ies, etc.) for future turnover to the saint. nce, the following items shall be a acceptanctu for perpetual maintenance by the Ci structure iFithin the proposed subdivision. (a) Detailed plans a.• specifications prepared by a registered engineer licensed in e State of Minnesota shall be prepared in actor ante with press City standards, reviewed and approved by the City gineer. (b) Q utilities, analysis of the should be made by a re report when required by be provided in upon completion the City, unle Department. Ci Detailed z s ord plan "asbuilt" drawings must a ordance with Cit standards no later than 90 days d acceptance of public streets and /or utilities by otherwise approved 1n writing by the Public Works (c aye 1 If the ices (streets, City for future ered to prior to for occupancy of any lysis: Prior to providing plans for it to the depth of the utility proposed able firm and provided with the utility (d) The developer shall a ow access by the City to perform inspections during the onstruction of thes and /or utilities. The developer shall Ni otify the City in coordinate and hold a preconstruction conference with all cted parties at least 72 hours prior to starting )Q nstruction of any s -et, trail or utility improvements. The develope shall be financial responsible for all costs incurred by City in performing nspections to insure compliance with the a roved plans and specifi - ions. (e) If the developer fail to give proper notification, or •oes not allow the City to perf the inspection of the utilities and •r streets, the City re es the an option to require any eonce- ed conditions to •e exposed for proper inspections, or th right to deny ceptance for perpetual maintenance by City fore (f) UP • comple on, inspection and final acceptance of the affected s sets - d /or utilities to be reverted to the City for future maintenan• =, a e developer shall submit a 1 -year warranty maintenance bond •► cover defects in materials and workmanship to be in effec o = full year from the date of final written acceptance by the ity. •e developer shall also submit a hold harmless, lien waiv , or o er agreement as required by the City. If the City was .•t properly n• iced or given the opportunity to perform the prope inspections to insure compliance with the approved plans and spe'cifications, the Cit at its option, may elect to require the s9bmission of up to a five- ear warranty maintenance bond or cash escrow for any portion of th sys =m where inspection was not able to be performed. Failure to comply w these requirements on behalf of the developer will allow the C the right to deny access or co action to these streets and /or utilit s. (g) The developer /applicant shall p ovide the City with a/ financial guarantee in an acceptable form and a amount equal to 60t of the estimated cost of the improvements to performed pr3tely by the developer /applicant. G. Payment for -P &e- Improvements. Before a final plat is approved by the Council, the applicant shall submit a Financial §ecurity. in a form acceptable to the City. agreement -- in such reasonable amount as determined by the Council. to assure the following: 2. If Any 4h- required improvements to be installed by the applicant are not completed and paid for within the specified period of time or such period approved by the Council as hereinabove provided, all amounts held under the :inancial security mew bond- or- imevoca shall be turned over and delivered to the City and applied to the cost of completing _the required improvements. Any balance after such improvements have been made and paid for shall be released rned- to the Depositor. a qT 3. The Zinancial security shall be equal to 60% of the estimated cost of the public iImprovements to be installed by the City and equal to 100% of the estimate¢ cpst of the improvements to be installed by the developer. The financial security shall be reduced periodically upon verification by the City in writinc preet- of compliance by the *Developer. In no event shall the financial security quementeob. for the improvements to be performed privately by the develope at=to be reduced to less than 20% of the original amount until total completion and acceptance by the City. Mon acceptance pf to improyements by the City. the ginancial security.bond can be released in its entirety. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. . Section S. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: COUNCIL APPROVED: AMENDED: POLICY For the Design and Installation of PUBLIC INFRASTRUCTURE FACILITIES SUBJECT: To define the policy, procedures, guidelines and responsibilities for the design and installation of public infrastructure facilities necessary for the use or development of land within the City of Eagan. POLICY: All public infrastructure facilities: • Necessary _ for the health, safety and welfare of the general public; • Necessary for the development of property to current code requirements; ■ Providing public access and utility service to an approved preliminary plat and /or multiple properties under different ownership; • To be owned, maintained and operated by the City of Eagan, shall be designed, field staked and installed by the City or its designated agents in accordance with the current City Engineering Standards, Guidelines and Procedures. All petitioners or applicants shall reimburse the City for all costs incurred and provide the appropriate financial securities as required by the City. PURPOSE: The purpose of this policy is to provide the City with the necessary controls over the design and installation of all public infrastructure improvements defined in this policy to ensure compliance with the City's Comprehensive Plans, Codes and Engineering Standards, Guidelines and Procedures. The City will assume the perpetual maintenance, operation and ownership of the type of improvements referenced herein. Because of the inherent obligation and . responsibilities associated with this ownership, it is necessary to ensure these facilities are designed and installed in a manner that minimizes the City's future financial and operational risks. This can best be done by having the City perform provide the related design, construction staking and representative construction staking, contract management and installation services. RESPONSIBILITY: The City Administrator shall be responsible for the implementation of this policy through various designated or affected departments and the appropriate Departmental Director. AUTHORITY: This Policy is adopted, authorized and implemented by action taken of the Council of the City of Eagan, Dakota County, MN, and may be subsequently amended by the dates referenced herein. COMPLIANCE: Compliance with this Policy shall be enforced by the Codes and Ordinances of the Qty of Eagan and the Statutes of the State of Minnesota. 0XR Agenda Information Memo May 3, 1994 City Council Meeting CONSIDER APPLJCATION /LOW INCOME HOUSING TAX CREDIT EAGAN FAMILY HOUSING LIMITED PARTNERSHIP L The Dakota County Housing & Redevelopment Authority has notified the City of Eagan that it has received an application for low income housing tax credits by Eagan Family Housing Limited Partnership- -The partnership is an offshoot of the County HRA. They are proposing a 33 -unit townhouse development to be located at the intersection of Pilot Knob Road and Lone Oak Road. A letter from Dakota County HRA is enclosed on pag through An evaluation of this proposal, with respect to the Council's adop d criteria, for consideration of LIHTC is enclosed on pages The proposal appears to meet most of the Council's criteria. The project would be owned and managed by the Eagan Family Housing Limited Partnership so the Council will have some assurance that this affordable family housing project will be properly managed. If the financing is approved, the project will then be developed more fully and will come through the City's normal development review process. It is the policy of the County HRA to only consider projects that are acceptable to the local governmental units. The HRA is therefore, seeking City Council's comments on this project proposal. Based on our review, staff concludes that it would be appropriate for the City Council to convey positive support for this proposal to the Dakota County HRA. ACTION TO BE CONSIDERED ON THIS ITEM: A positive or negative support for the allocation of low income housing tax credits for the development of a 33 -unit townhouse project by the Eagan Family Housing Development Partnership to be located at the southwest corner of Pilot Knob Road and Lone Oak Road near Pilot Knob Elementary School. April 6, 1994 Mayor Thomas Egan Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: LOW INCOME HOUSING TAX CREDIT APPLICATION FOR EAGAN FAMILY HOUSING LIMITED PARTNERSHIP Dear Mayor Egan: The Dakota County Housing and Redevelopment Authority (HRA) received an application for Low Income Housing Tax Credits (LIHTC) by Eagan Family Housing Limited Partnership for a proposed development located in Eagan. One of the federal requirements of the LIHTC program is that the allocating agency (in this case, the Dakota County HRA) notify the Chief Executive Officer of the locality in which the proposed development would be located and give them an opportunity to comment. Although we are still reviewing the application, this project may be recommended for receiving an allocation for LIHTC at the May 10, 1994, HRA Board meeting. If you have any comments on the development or regarding the use of LIHTC for this development, please submit them in writing to me by May 6, 1994, so they can be considered at the Board meeting. For your information. I have submitted a copy of the actual application to Thomas Hedges. Attached is a brief description of the proposed development. Please do not hesitate to contact me at 423 -8104 with any questions. Thank you. Sinc - rely, ette AiOr ,we Housing & Redevelopment Authority rl_ - - :; 2496.145th St. \X'. • Rosemount. MN 55 6' • T.h.h. 0I' -42 ; >_ • FAN oI2- 423-`I�: cusing ina Coordinator cc: Thomas Hedges, City Administrator "AN EQUAL OPPORTUNITY EMPLOYER" as i IpR12 DEVELOPER: LOCATION: SELLER OF PROPERTY: TYPE OF UNITS: NUMBER OF UNITS: STYLE OF UNITS: GROSS RENT AMOUNT: PROPOSED MORTGAGE SOURCE: pESCRIPTION OF PROPOSED DEVELOPMENT LOW INCOME HOUSING TAX CREDIT APPLICATION Eagan Family Housing Limited Partnership 2496- 145th Street West Rosemount, MN 56068 Pilot Knob and Lone Oak Road Eagan Balfany Development Family housing 33 units 6 - 2 bedroom 27 - 3 bedroom Townhouse $507 - 2 bedroom $574 - 3 bedroom Minnesota Housing Finance Agency MEMO city of eagan TO: Peggy Reichert, Community Development Director FROM: Kim Eggers, Project Planner DATE:, April 12, 1994 SUBJECT: LIHTC Application INTRODUCTION The City of Eagan has received a proposal from the Dakota County HRA for the Eagan Family Housing Limited Partnership. This proposal is for the allocation of Low Income Housing Tax Credits (LIHTC) for a proposed development in the City of Eagan. One of the federal requirements of the LIHTC program is that the allocating agency (in this case, the Dakota County HRA) notify the locality in which the proposed development would be located in order to give them an opportunity to comment. CTRRENT PROPOSAL Demand for Affordable Housing The need for affordable rental units in Dakota County has been growing. One clear indication of the growing demand is the waiting list for Section 8 rental housing assistance. Since January of 1988, there has been an increase of over 64% in the number of families on the waiting list for assistance. Currently, there are about 230 families on the waiting list for three bedroom units. They will wait a minimum of 12 to 18 months to receive assistance. Because of the shortage of three bedroom rental units in Dakota County, families with two ore more children face and even greater difficulty in locating housing that is affordable to them. Only 11.13% of all rental units in Eagan are three bedrooms. The average monthly rent for a three bedroom is $734.52. This rent is not affordable to a family with one parent who works receiving minimum wage while the other parent cares for the children. According to the yearly HRA Rental Study, Eagan has the second highest two and three bedroom rents of all cities in Dakota County. The City of Mendota Heights ranked first; however, there is only one apartment complex in that city. as3 Proposal Description The Eagan Family Housing Development Partnership (in which the HRA is the general partner) is a new local initiative to create affordable housing for low- income families with children. Their proposed development would be located at the southwest corner of Pilot Knob Road and Lone Oak Road, near Pilot Knob Elementary School. The project will consist of two and three bedroom townhome units with minimum rents of $400 for the two bedroom units and $450 for the three bedroom units. Residents will pay 30% of their income for rent, but no Tess than the minimum rents, and no more than the tax . credit maximum rents. Average rents are expected to be $450 for the two bedroom units and $500 for the three bedroom units. The proposed Eagan Family Housing townhomes will be spacious and attractive. The proposal calls for maintenance free materials and windows. The units will have attached garages, laundry hook -ups, dishwashers, built -in storage shelves and mini - blinds. These amenities are included to meet the needs of working parents and their children. The site will exceed Eagan landscape requirements and contain an underground sprinkler system as well as a playground for children. The project will consist of thirty -three units in nine buildings on approximately 5.5 acres. This results in a density of six .units per acre. Twenty -seven of the units will have three bedrooms, and six will have two bedrooms. EVALUATION CRITERIA In August of 1988, the City Council of the City of Eagan adopted specific criteria for the consideration of LIHTC. These criteria are outlined below: 1. Low income housing tax credits may be used only for rehabilitation or upgrade of existing projects or to enhance subsequent phases of existing projects. (This criteria reserves the credit for improvements in areas of identified problems rather than for a new project.) 2. Applicants for low income housing credits should demonstrate that the credits will serve to reduce the density of multi- family developments. (This criteria reenforces the Council direction to reduce density and bring about down- zoning.) 3. Applicant's projects should exceed exterior finish requirements. (This criteria supports the Council direction concerning finish material and lends added impetus to the use of quality finish materials.) 4. Applicant's projects should exceed landscape requirements and /or open . space requirements. (Again, this criteria reenforces the reduction of density and addition of amenities to subject projects.) �S� 5. Low income housing credits may be used only for two to three bedroom homes /units to provide low income housing opportunities for families. (This criteria promotes the City policy of lower density, scattered site, low income housing as a multiple bedroom units are more frequently present in lower density developments.) 6. No more than 45% of units occupied must be occupied by low and moderate income persons /families. (This criteria encourages a mix of low and moderate income persons with other income categories.) It was the Council's intention that requests for LIHTC should be considered on the basis of their relationship of the aforementioned criteria. The project may not be required to conform with all of the criteria, but it is unlikely to receive endorsement if it compares unfavorable to a majority of the criteria. CONCLUSION A majority of the criteria established by the Eagan City Council conform with the proposed townhome project. The following list evaluates the proposal for each criteria as numbered above: 1. The proposed project is for the development of a new project. However, the HRA has informed us that federal standards make it nearly impossible to utilize tax credits on an existing complex, due to the strictness of the requirements. Because of this, the City Council may want to either rethink or eliminate this particular criterion. 2. This area is designated D -III on the Land Use Guide Plan; a designation that allows Mixed Residential development at 6 -12 units per acre. The proposed development would be at a density of roughly 6 units per acre, the low end of the allowable density range. 3. The current proposal calls for maintenance -free steel siding exteriors on the townhome units. Eagan's Building Inspections Department feels that steel siding is far better than wood or vinyl siding from a maintenance and aesthetic standpoint. The applicant has also stated that they would look into partial brick siding if the budget allows. 4. At this time, no landscape plan has been submitted. However, the applicant has informed us that they would work closely with the City to exceed both landscaping and open space requirements. 5. All units are two or three bedrooms. No single units are included in this proposal. 6. Regarding this criterion, the HRA informed us that a 45% mix of low and moderate income with other income ranges would be infeasible in regards to LIHTC. When developing a project with tax credits, payment from the credits is considered as equity. In order to raise the equity to a point that a s� REOUESTED ACTION makes development feasible, an increased number of units are set aside for low /moderate income families. It would take more equity than is available to meet this criteria. The City Council also may wish to consider eliminating or altering this criterion, due to the fact that it is virtually impossible to meet this requirement. The City Council needs to evaluate the proposal to determine the appropriateness of the use of UHTC. When developed, the project would be processed through the current City platting procedure, and there would be more opportunity for input into design, etc. This proposal will be heard be the HRA Board at their May 10 meeting. Any comments on the project by the City of Eagan need to be submitted by May 6. a s�