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.;!,
. • .
' ♦ ♦ -
•
1 •-• 1 L ' 4/ • 1 1 1 •• . - , f-`
■
1 1 1 \ `.� ..�� ``_ -�
4 1 ,
If I 1 • �. - -__Q
1 : 1 J \, .QIL1IVAII0 1 1[1) • -- - /
1 • Flee iod .✓o• 4
; _
MIME, 41110•111M •. \ \ 1 1 \ \ 1 f 7 i
\ ,
\l , , 11
_- _ - ,
_ - - J/ ,.
, i
, -,' ,
\1
.• _ • . .. � - - _ _/
- L II � 1 1 s.
1 J ��
M
w
O S
•
•
of
.1
/
•
/ /
1
/_ .
•
...' 31 1
- - ._ j1
e . - •1' :I J J
�� .1 . / 1
°. i7 - _ _ 4 ; I ; 1
/ - • - 1I II-
1 -. • - 1 1 1 /
1 1'�� ( j- I1 /
J i 1 � y 1. l 1.
1 i ,,- , I 1
1
I •
•
1 t 1, 1 • -: `� - .- -
1 • • • 1
%
• • • ' %.
•
•
r
r
•
SEC r;
FINANCIAL OBUGAT1ON
LEGEND
WO-80
oa -7
Sanitary Sewer Trunk
Water
Sewer Think
1 •
zE S.11:•,k:r
Olt .61
0(1 -16
•
7 j
tA
/ee4/e0P
f:f I
' -- --.
—1.. ) .
er.- ..142t ....-- 1 - 0
5/f- € 1-r ( .
(7
---y-„, ,I--r ' Jel r ---) -- ) - 1._ -0.0 . 1 )--e s t_, CO _e• A. ca e,
d
......,,,_,.._-d.„>%. :-. ......-C-.t'
91
i.,...., e--e-- -(;;-/ <.--/:1. r e-,
Le
err...a„
)
(--;"
&et-
-c h. e
c _
C
> (" t-c
e--
- c-■
Cied /
•-ee 7 f i r r.# t.
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. L•�- /� �'.�}•�t ' ;`_ "`
\ rte
4
.. .4 '
1 % r
I
•
r ti
r
1
•
z
a
3
1
•
w
a
1
is
•••
1
fj I
OeYVA371708 37VONVOV3
&1St lit .00 .0 II
01■1•••■•••
4
7
Yu 4
.4 •
gni. •
••••■•••••■
I lc) I
VI
1 L
•
\IL
L
WWI SUP AO N
•
■■••■•••
1
A I
1!
IJi
1E io
I
. .1
h
It t
�l
11411
L .... .__
ev,i371,oe.
...1
.1....,.. wpet '
\
•
•
{
2
t:
I 111
i
l 1
t )
E� 1
hid
7rON ray3
••••••••■••..... 11.•••••••■
(.5
zo
wrz
zo
zo
<1 0
Ifni!
°sliming
0
1
w 1
F
1
sa_
fat ss
htLie
0 Cjj
O
CD
CD ■ tea%' " CD
uwwwwwwwm
ownwo
irwlo Vows
Y..
[7101.CD
o- :D4 'CO
t O
i
ni Pit! .=CGla _CD
Ida 4
Lamm
wow t
F�
or
z
o-•—.
CD
1 I
1 -+
1
1 I
ail
Ot
00 i h
+
; TL i\
LEX
PARK
oP MENDOTA HTS.
08
PARK
I1ST SPUR
�.
ft
. 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�