01/30/1996 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY, JANUARY 30, 1996
5:00 P.M.
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
III. REVIEW 1996 WORK PROGRAM
IV. OPUS MASTER PLAN FOR LANDSCAPING, ARCHI-
TECTURE AND SIGNAGE
V. DESIGNATION OF 1996 CDBG FUNDS
VI. COMMUNITY DEVELOPMENT UPDATE
VII. OTHER BUSINESS
VIII. ADJOURNMENT
400�
—city of eagan
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: TOM HEDGES, CITY ADMINISTRATOR
DATE: JANUARY 26, 1996
SUBJECT: SPECIAL CITY COUNCIL MEETING
MEMO
A special City Council meeting is scheduled for Tuesday, January 30 to consider the following items,
REVIEW 1996 WORK PROGRAM
I have coordinated the 1996 Work Program by including the Open Issues list, and input by each
department. Enclosed on pages thruis a copy of a preliminary calendar and memo
that includes input by you and all ants. Tis is an opportunity to :build expectations, do some
prioritizing, and provide direction for the first quarter, and on a broader more general basis, the
remainder of the year.
OPUS MASTER PLAN FOR LANDSCAPING ARCHITECTURE AND SIGNAGE
The Opus Master Plan was presented to the APC on Tuesday, January 23. Due to the amount of detail
and potential discussion on this item, it was preferred to present it as a workshop item as opposed to
a general City Council meeting item. For additional information, refer to a me o from Communi
Development and a copy of the minutes of the APC meeting, enclosed on pages f thru
DESIGNATION OF 1996 CDBG FUNDS
Enclosed on pages .42Z thru is a copy of a memo from Community Development regarding
the designation of the 1996 CDBG funds. This memo was reviewed in detail at the January 22
Department Head meeting. Please note that sections of the memo regarding funding recommendations.
This will require formal action on February 6.
COMMUNITY DEVELOPMENT UPDATE
Enclosed on pages thru_ is a copy of a memo from Peggy Reichert providing an
update of various applications that are under review and consideration. The purpose of the memo is
to provide most of the background; however. Peggy will provide some brief comments on each of the
items and receive the appropriate direction.
City Admini rator
TLH:DLP
Enclosures
city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM; CITY ADMINISTRATOR HEDGES
DATE: JANUARY 26, 1996
,S7
SUBJECT: 1996 PRELIMINARY CALENDAR
Attached please find a copy of a tentative 01996 Preliminary Calendar' which I have
prepared with input from all departments. The calendar mostly includes major items which
the Council will need to address as part of special City Council meetingstworkshop
sessions.
The calendar is intended to be used as a planning tool by the Council and staff in
preparing their actual work programs. Ali dates are tentative and subject to change. Also,
as we have learned from experience, new major items which will need to be addressed can
crop up at any time during the year, will need to be added and may cause current
schedules to be altered.
The format of the calendar divides the year into three-month "quarters.' It is intended to
be used along with the Open Issues List. Also, as directed by the City Council, the Open
Issues list will now include with each item the date on which the item was first requested
to be put on the list and a tentative date upon which the item will be scheduled to be
addressed. (It may not be possible to determine an original date for some of the items
currently listed, but we wil,;attempt to do so as far as is possible.)
The 1996 Preliminary Calendar will be discussed at the Special City Council meeting on
Tuesday, January 30, 1996.
City Administrator
Attachment
09
19% PREIXg1 ARY CALENDAR
JANUARY SPECIAL COUNCIL MEETINGS
• Organized Refuse Hauling (1/2) 1/2,1/15,1/16,1/30
• Advisory Commission Interviews (1/15)
• Organizational Business (1/16)
• Dart Transit Update (1/16)
• Golf Course Issues (1/16)
• Meeting with APRNRC to Consider 1996 Parks Referendum (Ongoing thru May) (1/16)
• Plan for Fourth of July Celebration (1/16)
• Yankee Doodle Streetscape/ Ring Road (1/16)
• State of the City Address (1/18)
• Retreat (1/25)
• Opus Update (1/30)
• CDBG (1/30)
• 1996 Work Program 1/30)
• Open issues List (1/30)
• Community Development Update (1/30)
FEBRUARY
• Civic Arena Dry Floor Program (2/6) 2/6, 2/20, 2/27
• Moose Locker Room (2/6)
• Hydrant Uses Policy (2/6)
• Cellular Antenna Leases (2/20)
• Biscayne Avenue Upgrade (2/20)
• North Park Closure Plan (2/27)
• Holz Farm Task Force Report (2/27)
• Golf Course Alternatives/Financial Analysis (2127)
• Community Development Update (2/27)
• Park Bond Referendum (2/27)
• Boulevard Maintenance Policy (3/4) 3/49 3/199 3/25,3/26
• NLC/Washington D.C. (March 9 -12)
• Golf Course Options (3/19)
• Central Maintenance Facility ExpansionfLand Acquisition Study (3/19)
• Carriage Hills Comprehensive Plan Amendment (APC) (3/25)
• Review Five -Year Update on Water Quality Management Plan (3/26)
• Highway 55/149 Redevelopment Plan1TIF District (3/26)
• Pedestrian Cross Walk Policy (3/26)
• Preparatory Structural Maintenance Study/Policy (Overlay and Reconstruction) (3/26)
• Community Development Update (3/26)
• Park Bond Referendum (3/26)
• Compensation Plan Study/Possible Revisions (Personnel Committee)
0 Activate E -N WVlnternet
C�
R IL
Cable "Transfer and Sale/Jt: Burnsville -Eagan Cable Commission Meeting (4/9)
Winter Maintenance of Pedestrian Trails - First Draft
Renegotiate Utility Franchises
Review of Proposed 1946-1997 Skating Schedule for Civic Arena/Fee Changes (if any)
Wading Pool Operations
• Oak Wilt
• Business Reach Out Meeting (4/30)
• Comprehensive Water Plan (Emergency/Conservation)
• Wescott Commons Park & Service Center
+ Community Development Update
• Park Bond Referendum
Y
a Gambling License Application
• Grand Opening of Wading Pool
• Space Needs/Fire Department (Administrative & Training Facilities)
Livable Communities Action Plan
• Community Development Update
+ Park Bond Referendum
• League of Minnesota Cities Conference { )
+ Comprehensive Plan Update Approach
Comprehensive Sewer Plan
• Community Development Update
JULY
• Fourth of July/Community Celebration
• NOISE Conference
• Snow and Ice Control Policy
•
Community Development Update
AUGUST
Preliminary Budget/1997-2001 CIP
Community Development Update
SEPTEMBER
• Lone Oak Days Community Celebration
• Primary Election
• Update City Code/En&eering Standards
• Community Development Update
S
OCTOBER
• Disaster Plan!Simulated Event (Month not yet determined, but will be held during Fall)
• Consideration of 1997 Legislative Priorities
+ Plan to Provide Local/Government Access Programming
• Well Head Protection
• Community Development Update
NOVEMBER
• General Election
+ Community Development Update
• Budget Hearings and Adoption
• NLC Conference ( )
• Community Development Update
pe
CITY OF EAGAN
OPEN ISSUES LIST
February, 1996
HIGH PRIORITY
L Dwnitown Vision --Opus project was given preliminary approval by the City Council on
December 5,1995. Staff was directed to evaluate options for open space development on the
Unisys site and the Northwestern Mutual site. An update will be presented at the January 30,
1996 workshop.
2. Qrganin& Reiiuse Jdauli 2 (9/941—The City Council approved the recommendation of the
Solid Waste Abatement Commission to put a cap on the number of residential hauling
licenses, to begin an active educational program to assist residents in voluntary organization
of their neighborhoods and to encourage residents to self haul or compost their own yard
waste. The ordinance is being revised and will come before the Council for approval at the
February 20 City Council meeting.
3. CAoont Art Park (91241—The Caponi Art Park liaison Committee has been disbanded. The
Council has suspended further action on this until further notice and this item will be removed
from the list.
4. DmIoRment of Criteria for Gambling L Sgnse Aaalications U Council direction is
needed on this item before any further work can be done on this. This item is tentatively
scheduled for a workshop session in May of 1996.
5. SignlSignalizatioa at Park Interudgns (2f951. The APRNRC reviewed this item at the July
commission meeting. Engineering staff is reviewing the effectiveness of "rumble strips" as
possible vehicle warning measures for an upcoming crosswalk. This item is scheduled for a
March 26 workshop.
6. Review of off-street parking r Mulations (81951. Director of Public Works Colbert presented
this at a workshop and parking restrictions were ordered for several locations. The Council
will handle these on a case by case basis. This item will be removed from the list.
7. Tree Preservation Guidelines (11195). The codification of the Tree Preservation Policy
continues. The APC held a workshop session on January 11th. The APRNRC Subcommittee
has again reviewed changes. This item was tentatively scheduled for a public hearing at the
January APC meeting; and is now shceduled for the February meeting to allow for additional
review and rewrite of some language. A final draft will be presented at a regular Council
meeting in March of 1996.
& PJg of Trails (11961. Streets and Parks and Recreation staff are currently doing data
collection in preparation for a report on the issues involved with winter clearing of snow from
trails and sidewalks. The report will look at types of equipment, costs, limited clearing
possibilities as well as potential problems and concerns to snow removal. Staff is hoping to
have a preliminary draft completed in April for discussion by the Council. A final report can
be completed in time for the 1997 budget consideration.
LOW PRIORITY
L Ski dgnts in Government Program—Involving students as ad hoc to commissions/city council
and other liaison arrangements has not been actively pursued to date.
2. Baltic Foundation --Due to other Council priorities, this item has not been pursued beyond the
information stage.
3. Sian_ Ordinan (12f94) --The Council directed staff to review the sign ordinance as it relates
to campaign signs and see what other communities are doing. This will be added to the 1995
work program of code amendments.
4. Zoning and Subdivision Regulations tg fM--Staff is compiling a list of zoning amendments
that will be brought to the City Council in incremental "batches". Amendments being processed
incrementally. Application forms have been revised to conform to new state legal require-
ments. Requirements for notification signs on property were approved by the Council.
ROUTINE
1. Compensation Plan --The compensation plan is being reviewed. Recommendation will be
forwarded to the Council's Personnel Committee in 1996.
2. Private ftblic Development Policy—An ordinance revising the City's policy to require all
improvements as public improvement projects received a public hearing by the Advisory
Planning Commission and review by the City Council. The City Council deferred the action
indefinitely, allowing time for the city to collaborate with developers and further discuss the
private/public development policy.
3. Redevelopment Policy -Staff is continuing to meet as the Development Review Committee and
address policies relative to new development and redevelopment. City policy established that
when existing businesses expand (or property is further developed), they must provide a plan
to bring the site up to city standards in terms of paving, landscaping, storm drainage, screening,
etc. Owners given 2-3 years, generally to phase in improvements. Currently, no financial
guarantees are required; we are proceeding on the honor system. Actual provisions regarding
redevelopment standards will need to be included in update of zoning.
4. Municipal Center EoansionjHemoddlna [7195)—The project is being closed out. The
cablecasting and presentation equipment will be ready by February 6. Staff has met to review
the remaining exterior work, i.e. grading, landscaping, irrigation, etc., and develop a time line
for completion of this phase of the work effort.
S. Industrial Areas jSoutheast Eagan --This land use study for a potential comp guide amendment
and rezoning of the southeast industrial area was directed by the City Council at the time of
the preliminary plat for the new District 196 elementary school. City Council acted on study
in May. Area remaining I-1 and conditional use permits will be developed with each property
owner. Feasibility study for streets and utilities is under way.
?01
;z
_ city of eagan
TO: MAYOR AND CITY COUNCILMEMBERS
FROM: LISA FREESE, SENIOR PLANNER
THROUGH: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JANUARY 26, 1996
MEMO
SUBJECT: EAGAN PROMENADE PRELIMINARY PLANNED DEVELOPMENT
AMENDMENT - OUTSTANDING ISSUES
The Preliminary Planned Development for Eagan Promenade was approved by the City
Council at its first meeting in December 1995. This approval did not include the
landscaping and design details. Focus on the financing of the related road improvements
and several other infrastructure issues limited the resources of Opus Corporation and City
staff to complete the review simultaneously. In order to provide some initial direction to
Opus on the land uses and site layout, the preliminary development plan was approved
without all of the required details. In order to ensure that these details were properly
reviewed in a public hearing, the Preliminary Planned Development Agreement required
Opus to submit several revised master plan exhibits in the form of a Plan Amendment.
The required exhibits include: landscaping; signage; building elevations/architectural
guidelines; trail and sidewalk plans; lighting; tree preservation; south and east plaza
details; and bus shelter transit details.
During the past two months, City staff and Opus representatives have meet extensively
to review and negotiate details on these master plan exhibits. In reviewing these plans,
staff has utilized the Central Area Plan and the Central Area Task Force report as the
community vision to evaluate the detail of the Eagan Promenade development. Staff has
made signficiant concessions regarding special paving materials, sidewalk locations,
landscaping materials, transit facility accommodation on the site, special feature designs,
lighting, and signage, etc. in an effort to focus in on, and free up Opus' financial resources
for the following important elements: building materials/architectural guidelines; signage;
and landscaping design. Opus has made some accommodations to their plans to this
end, but there are several issues that staff feels consideration of further concessions by
the City are not in keeping with the Central Area vision and plans.
A public hearing was held at the regular Advisory Planning Commission meeting on
January 23, 1996 regarding these master plan exhibits. There was considerable
discussion regarding landscaping, signage, and building materials/architectural guidelines.
After considering Opus' concerns regarding several of the proposed staff conditions, the
Advisory Planning Commission recommended the following modifications:
1. The rear elevation shall be treated with the same face brick and stucco materials
used on the front and side elevations for only the two western tenants. Staff had
previously recommended that this treatment be applied to the entire rear elevation.
2. Up to 75% of the building materials for the freestanding buildings shall be limited
to brick, stucco, metal, and glass. Staff had recommended that the materials for
all freestanding structures be limited to those identified above.
1. The signage for the Byerly's store, as presented on the submitted plans, shall be
permitted except that the Byerly's logo on the south elevation shall be reduced from
15' to 14' in height. Staff had recommended that no other signage be allowed on
the east elevation and signage on the south elevation be limited to "Open 24 Hours"
and "Wine and Spirits" (or "Food and Spirits").
The Advisory .Planning Commission minutes of January 23, 1996 list all of the
recommended conditions and detail the discussion. Opus Corporation has provided a
follow-up letter responding to the recommended conditions and has indicated an
unwillingness to accept some of the proposed conditions. At the City Council workshop
on Tuesday, January 30, staff would like to discuss these issues. Opus Corporation is
in the process of preparing final development plan submittals and we are asking for
Council direction on these issues. The following list summarizes the content of Opus'
original submittal, staff and APC recommendations, and Opus' current compromise
position on each condition:
:
PLANS RECEIVED. The developer is proposing that the rear elevation (north side)
of both the in-line and the community retail centers will be constructed out of
exposed aggregate, precast concrete wall panels with an aggregate and matrix
color compatible to the brick (Bryan Red Rock). The panels will have an embossed
masonry pattern along the lower portion to correspond to the front and side wall
design. The upper portion would be painted to maintain the color and banding
established by the synthetic stucco.
STAFF REPORT RECOMMENDATION: The rear elevation shall be constructed
with the same face brick, bullnose block and synthetic stucco materials and colors
as used on the front and side elevations.
t0
2.
3.
ADVISORY PLANNING COMMISSION RECOMMENDATION: The first two
buildings on the west end of the rear elevation (Byerly's and HomePlace) shall be
treated with the same face brick and stucco materials used on the front and side
elevations. The remainder of the rear facade can be constructed with precast
concrete wall panels, provided these panels are treated on the upper half with
synthetic stucco finish and embossed masonry panel along the lower portion.
DISCUSSION: The Advisory Planning Commission felt that the two westerly
buildings would be visible from 1-35E even when the property to the north was
developed and it would be appropriate to request a continuation of the brick face
and synthetic stucco materials through those two buildings. Staff feels that this is
an acceptable compromise. It should be noted, however, that the east side of the
center and the community retail area are also going to be visible from various
locations.
Opus has indicated that they would be willing to consider the addition of an exterior
finish to the precast materials on a portion of the rear elevation, but the have
indicated that construction schedule requirements and additional costs associated
with the staff condition make compliance impossible. They have not indicated
whether the Planning Commission's modified condition is acceptable.
PLANS RECEIVED: The developer's architectural guidelines state that rooftop
equipment must be screened from view only if more that 20% is visible from
adjacent streets or parking lots. Otherwise, they may be painted in color compatible
with the primary building.
STAFF REPORT RECOMMENDATION: Rooftop equipment must be screened
from view rather than painted.
APC RECOMMENDATION: No changes to the staff recommendation.
DISCUSSION: Opus Corporation is proposing to cluster the rooftop mechanical
equipment and locate it in areas on the roof where it will be out of sight for at grade
pedestrian traffic. They feel this can be accomplished by hiding the units behind
the parapet walls and painting the units to match the color of the buildings. This
method will effectively screen units from Yankee Doodle Road. Staffs concern,
however, is that equipment will be seen from 1-35E using this method. Therefore,
staff is recommending adherence with the City's rooftop equipment screening
requirements.
PLANS RECEIVED: The gateway sign monuments are proposed at the northeast
and northwest corner of Yankee Doodle and Promenade Ave and at the northeast
corner of Yankee Doodle Road and Denmark Avenue. The gateway monuments
will be a 27 foot high brick structure accented in the same manner as the clock
tower. The gateway monument includes an 8' pillar offset from the sign structure
l(
to emphasize the intersection. The gateway monument will serve as the structure
for up to four (4) back -lit translucent sign panels. The lowest panel will be about
8 foot above grade and the top panel will be 27 feet in height. The total sign area
for each gateway monument sign will be 240 square feet per side. Tenant signage
for the in-line center will be provided on the gateway monuments at the northeast
comer of Denmark Ave and at the northwest corner at Promenade. The gateway
monument on the northeast comer at Promenade would be a shared identification
sign for the residential component and the community retail center.
STAFF RECOMMENDATION: The gateway pylon sign structures shall be
lowered to 22' and the sign face shall be limited to 175 sq. ft. per sign face; the
pylon sign for the northern strip center shall be limited to 125 sq. ft. per sign face.
ADVISORY PLANNING COMMISSION RECOMMENDATION: No changes to the
staff recommendation.
DISCUSSION: The proposed sign face area of these gateway pylons signs is
much larger than the typical pylon sign allowed as a conditional use in the City's
Sign Code. The signage is 28% more than would be permitted under the pylon
signage requirements. In addition, the sign height proposed is 9' higher than the
that shown in the intersection treatment concepts for the Yankee Doodle
streetscape program reviewed by the City Council in November 1995.
+7fiI*f :i 011A 4:�
PLANS RECEIVED: The clock tower will be a brick structure with concrete
bullnose accents bands to match the architectural character of the center. It will
include a metal clad clock face at the top of the 40 foot structure, a synthetic stucco
cornice and metal cap. Center identification will be provided on a synthetic stucco
cornice using one inch back -lit cut-out letters just below the clock face on two lines.
'Three back -lit translucent sign panels totaling approximately 135 square feet per
side will provide identification for the restaurant tenants. Those lowest panel will
be 15 feet above grade and the top panel will be 27 feet in height. The total sign
area of the clock tower is approximately 150 square feet per side. The clock and
signage will be on two sides, the east and west face.
STAFF RECOMMENDATION: The clock tower translucent sign panel face area
shall be limited to 110 sq. ft. per side. The center identification sign shall be
permitted as shown on the plans.
ADVISORY PLANNING COMMISSION RECOMMENDATION: No changes to the
staff recommendation.
DISCUSSION: As an architectural feature for the site, the height of the structure
fits the scale of the in-line center architecture. The proposed sign face panels,
combined with the gateway pylon signage, exceed the typical sign face allowed by
28% and should be reduced by that amount.
ROW l / 1 it 1
PLANS RECEIVED: Opus is proposing that all freestanding building tenants,
except for those in the restaurant cluster, be allowed the option of having a
monument sign if they choose to have wall signs on two, instead of three, sides of
the building. The monument sign would be 7' high by 14' wide, constructed of
brick with synthetic stucco cornice. The structure would accommodate a sign face
of 48 square feet per side.
STAFF RECOMMENDATION: The monument signs shall not be permitted for
the freestanding buildings.
ADVISORY PLANNING COMMISSION RECOMMENDATION: No changes to the
staff recommendation.
DISCUSSION: The monument signs are in addition to the freestanding buildings
wall signage and as proposed, meet the minimum Sign Code requirements for size
and height. Normally, freestanding buildings are not allowed as much wall signage
as allowed in this situation. Because of this extra wall signage, monument signage,
as proposed, has a limited function, will add to the visual clutter, and will take away
from the effective landscaping area.
6. Z L:SlGNS
PLANS RECEIVED: Opus is proposing that all freestanding tenants except for the
restaurant cluster would have an option to have a monument sign if they choose
to have wall signs on only two, instead of three sides of the building. The
monument sign would be a Thigh by 14' wide brick structure with synthetic stucco
cornice. The structure would accommodate a sign face of 100 square feet per side.
STAFF RECOMMENDATION: In the in-line retail, community retail and northern
retail centers, total wall signage on the front building facade shall not exceed 15%
of the total wall area for tenants less than 20,000 sq. ft.; 10% of the total wall area
for tenants between 20,000 - 50,000 sq. ft.; and 7.5% of the total wall area for
tenants above 50,000 sq. ft. All freestanding buildings shall not exceed 15% of
the total wall area.
ADVISORY PLANNING COMMISSION RECOMMENDATION: No changes to the
staff recommendation.
DISCUSSION: Opus Corporation is proposing a compromise to the staff
recommendation as follows: 15% of the wall area for tenants under 50,000 sq. ft.
and 10% of the wall area for tenants greater than 50,000 sq. ft. Staff has reviewed
this suggestion and maintains that the recommendation in the staff report is
reasonable and should be upheld.
l3
The January 19 staff report details staffs rationale for the conditions discussed above.
The City Council is encouraged to review discussion of each of the items in this report.
Staff will be prepared to overview each of these issues and requests that the Council
provide direction on each item. If the Council needs additional information, please feel
free to contact staff in advance of the meeting.
Senior Planner
LFTs
attachments:
Letter from Opus Corporation dated January 25, 1996
APC minutes dated January 23, 1996
Staff report dated January 19, 1996
eagan-pr.ppd
FROM ROPLJB TO s 612 6@1 4612 1996x01-26
700 OPUS OW
Cknic-Road PO BD Addrow
91ID
1r'8DD 11na, Road East P.0 Box 59110
mnnewx*a. Mhwrosolu 56313 9600 Mimesp h, Minnosolo 66459.0110
612.83E IlMD to 612-9X429
January 25, 1996
Ms. Lisa Freese
Lily of Began
3830 Pilot Knob Road
Eagan. MN 55112
RR; 134pn Promenade - Open Issues
Dear Ilisa:
VIA FACSIMILE
02153PM #600 P.02/04
As you requested, this luticr will outline those issues that Opus would like to discuss with the City
Council at next TuvvJay evcning's work session. We have reviewed all of the. comments in the
filaff mport dated January 23,1996 and have reviewed our notes relative to the comments made at
the Planning Commission meeting of January 23,1996.
In ati attempt to expedite the approval process we have focused only on t1tose issues that we deem
Most significant to the project, These open icsucs are:
1.) Exterior Building Materials- North Elevation
We have taken under advisement the comments made by Staff and the
Planning Commission, their comments mgarding the north elevation of the
project. Staffs requirement to have the north elevation of the project
constructed of the same materials as the south elevation of the project is not
feasible.
We must construct the north elevation with a precast masonry panel in order
to maintain our selleduled delivery of the project to our tenants. This tylic of
construction saves us betwccn 45-60 days on the construction schedule and
allows us to assemble steel as early a% possible. We have lease provisions
with all of the n`140r anchor tenants that allows thorn to iznninate their hcasr-%
If we can not deliver the project on time. All of our leases require us to
deliver the shell improvements no litter than September 1, 1996. We can not
afford any delay,
in addition, the incremental cost to construct Or, north elevation the same- as
the south elevation is in excess of $1 million. Given the overall cumulative
budget constraints that this project has ctidured we are not in a position to
move forward with the project If this condition is impt)sed.
We are willing to accept the Planning Commission's comments regarding
the addition of an exterior finish to the precast materials on a portion of the
north elevation. We will agree to this modification to the north elevation
along, Ole Byerly's and Ilomepiwz facilities. While we maintain that Mr.
O1Ron1f; pnl+pen will eventually be developed and thus Mock the views of
this portion of the project, we have agrw4 to accommodate this request anti
will have this modification nvailataie for review at the next Council meeting.
In addition we have agreed to additional landscaping and benning, in areas
where appropriatc, along the north elevation.
Opus Nodiwmit LLC, it tr 80110tc CO ON: Oyes 9W Of drn(g *J --A LWL''CW, 000&tort, oltcrs
Dkegu, fb M&S, Dgtlus, tiOMM. F t. I mxMxdek. lAlwoukee, Minimplis, fklmnk Ptfa=b. ix. f s, Son Frrh4am. Sowttlt, Twp, W4 hoiulon D.',',.
R-97% 612-936-4529 01-25-96 03:52PM P002 #41
FROM iOPUS
OPUS
Ms. LLM pmeae
January25, J996
Page 2
TO i 612 Bel 4612 1996.01-26 02i64PM #500 P.03/04
2.) hoof Top Unit -Screening
The issue of roof top unit screening is an issue that we deal with in every
Twin Cities community. There are two basic philosophies; that we have
experienced in dealing with local municipalities. One calla for metal screens,
the Atha for painting and "Cluxtering" the units. We concur with the
objective of semening these units, however the question is what ix the Gest
way to accomplish this. We have offered that we will cluster the unit% and
loumte them in Ames on Elie roof where they will be out of site for on gnilrle
pedestrian traffic. We believe that this can be accomplished by hiding the
units behind the parapet walls and paintinthe unil:s to match the colors of
the building. This is the way in wlttch we have accomplished this objective
in the majority of the commimides that we are actively pursuing
development.
If 20% or the units can WE be seen froin the pedestrian areas (on site
parking lo(s, sidewalks, and trails)., then we will screen them with metal
roof top unit screens.
0 3.) Signage
We nave spent a great deal of time discus Ang signage with staff and the
!Tanning Commission. This ix an ertrernely, important issue to ail of our
large anchor tenants. We 4harr the C:ity:s convenj for "Sign Clutter" and are -
Willing to also compromhsc from our desired position.
We would ask that tile: Council approve our sign package For EASe,I
Promenade as follows;
Pylon Signs
3 at 27 feet In height and 240 square feet or
sign area per side.
Allows for 4 anchor tenants at 60 square
feet of signage each.
Wall Signs
IS% of wall area for tenant. under 80,000
square foot.
10% of wall area for tenants greater than
S0,000 square. feet.
All wall signage will be back lit (internally
lit) and will consist of tenant name, logo
and business description.
Monument
Signs
S monument signs at 7 feet in height and a
maximum of 48 square feet of ,sign arca per
side.
Clock Tower I sign 40 feet in height with 135 square feel
Of slgt r side..
2-936-4529 01-25-95 03:52PM P003 #41
FROM sOPLIS TO s 612 681 4612 1996,01-26 02164PM #500 P.04/04
ok OPUS.
Ms. Uza Frer e
Junuury 2s, 1996
fuse 3
This sign Package is prc)portionately scaled for the 100 acre commercial development and
consistent with existing signage along Yankee Doodle Road. We have designed pylon, monument
and clock tower signs that are of die highest quality materials and strictly adlierc to the architoctural
charwacriatics or the project. Wo havebbudgetw over $150,000 for this signage and cm assure you
that the quality of signage is unparalleled within the city of Lagan.
We look forward to the opportunity to discum these issues in detail at next weeks meeting.
Sincerely
OPUS NORMWiEST, LL.C.
.. t
lrufttiy .�lunitnl
Vice President
Real relate Mvelopmeni
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Mic tele roster
Senior Dimc:lor
Real r'sstate Development
612-936-4529
01-25-96 03:52PM P004 #41
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Page 14
January 23, 1996
ADVISORY PLANNING CONWSSION
P.RELWINARY PLANNED DEVELOPMENT AMENDMENT
OPUS CORPORATION
Chairman Miller opened the next public hearing of the evening regarding a
Preliminary Planned Development Amendment for Eagan Promenade for revisions to the
required master plans. The development includes I I lots and one outlot on approximately
120 acres located in the northeast quadrant of Yankee Doodle Road and I -35E, in the S'/
of Section 10.
Senior Planner Freese introduced this item. Ms. Freese highlighted the information
presented in the City staffs planning report dated January 19, 1996. Ms. Freese noted the
background and history of the development plan and the existing conditions of the subject
property. Ms. Freese further outlined the City staffs evaluation of the applicant's
development pian proposal, highlighting the City staff s concerns regarding certain iteins
of the plan.
Michelle Foster, a representative of Opus Corporation, presented briefly the
background of the project. Ms. Foster further outlined the applicant's three most
significant objections to the proposed conditions of the plan amendment as recommended
by staff. First, With respect to the landscaping condition, Ms. Foster stated that the plan
meets the City Code's 3% requirement which will require a $500,000 00 investment by
the applicant. Ms. Foster stated that the applicant is open to working with staff on
specific landscaping items, provided the specifics fall within Opus' 3% requirement.
Secondly, Ms. Foster stated that the applicant objects to the exterior building
materials/architectural guideline conditions. Ms. Foster stated that requiring the
rear!loading side building exterior to be the same as the front and side of the in -lime
building will cost an additional S1,000,000.00, making the project impossible. Ms. Foster
stated that the requirement would delay building construction and delivery of the
premises to the tenants by 45 to 60 days which could result in the tenants then refusing
the tease. Ms. Foster further stated that the applicant would agree to require that 25'!-=b of
the free-standing restaurant buildings match the materials of the in-line center, as opposed
to a 100% match as recommended by star. Ms. Foster explained that the staffs
requirement may be prohibitive to the applicant's flexibility in obtaining certain types of
restaurants because most carry a trade -mark motif for exterior design. Additionally, Ms.
Foster objected to the roof -top equipment screening requirement, noting that Opus has a
corporate 20% standard of visibility for roof -top equipment.
Finally, with respect to the signage conditions, the applicant's goal is to have a
comprehensive sign program. The applicant objects to the staffs recommended reduction
in the gateway and clock tower pylon signage height noting that the 27 feet is permitted
by Code and it is the only signage available for the tenants in the center. Ms. Foster
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January 23, 1996
ADVISORY PLANNING COlvLVllSSION
further noted that the clock tower sign face is three times smaller than the individual
tenant pylon signage allowed in the City. Ms. Foster explained that the restaurant pylons
on the clock tower will only have 45 -square feet for each tenant, and 60 -square feet for
the in-line center tenants which are both much less extensive than the signage used
elsewhere in the City. With respect to the wall signage for the in-line retail and
community retail centers, the applicant proposes in lieu of the staff condition, that for a
50,000 square foot building the wall signage not exceed 15% and any building in excess
of 50,000 square feet the wall signage coverage shall not exceed 10%.
Tim Murnane, Senior Director of Real Estate Development for Opus, spoke to the
Commission regarding Byerly's wall signage. Mr. Murnane indicated that Byerlys is
trying a new partnership with sub -tenants and thus needs wall signage for its sub -tenants.
Mr. Mumane hither advised that Byerlys requests that Condition (k) under signage be
revised to delete clauses 2 and 3 in that paragraph.
Member Heyl noted that the City staffs requirements and issues as outlined in City
staffs report reflect those expressed by the task force, the Advisory Plarnung Commission
and the City Council. She stated that throughout the task force's review of this project
Opus advised that this project would be better and of higher class than a typical power
strip mall because of its extensive landscaping, exterior design and architecture and
limited signage. She stated that the City staffs recommended conditions are in line with
the City's objectives, namely: (1) that the back of the in-line retail center will be visible
from 1-35E and thus must be attractive; (2) that attractive landscaping was the focus and
not extensive signage. Member Frank added that berms with landscaping will not hide the
entire back of the in-line retail buildings and are not a feasible alternative to the
recommended required exterior material. In response to Chairman Miller's inquiry,
Community Development Director Reichert stated that Condition (A) of the landscaping
condition regarding the minimum cost requirement, could be deleted because the staffs
focus is assuring that the conditions under a -f are met. Ms. Foster stated that the applicant
would agree to the elimination of Condition (g) and accept the rest.
With respect to the exterior materials, extensive discussion ensued with the
Commission Members and the applicant's representatives regarding the landscaping,
exterior materials and signage issues. With respect to the exterior building material
condition, the Commission agreed to amend Condition (b) to provide that only 75% of
the free-standing buildings shall be brick, stucco, metal or glass. With respect to the
signage issue, Members Isberg, Heyl and Richards concurred that the requested sibmage is
accessive and unnecessary. It was their conclusion that the signage will not bring
consumers to the area, rather the project itself will bring the people. They recommended,
therefore, that the staffs conditions remain as written.
Member Heyl moved, Member lsberg seconded, a motion to recommend approval
of a Preliminary Planned Development Amendment for Eagan Promenade for revisions to
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January 23, 1996
ADVISORY PLANNING COUMSSION
g. The grass seed mixture must be provided on the Final Development Plan.
Exterior BuildingYMatcrials/ArchitectuW WdSlines
a The west end of the rear elevation (tenant .space numbers 1 and 2 - Byerlys and Home
Place) shall be treated with the same face brick and stucco materials used on the front
and side elevations. The remainder of the rear facade can be constructed with tip -up
panels, provided these panels are treated on the upper half with synthetic stucco and
stamped -like brick on the lower half.
b. Up to 75% of the building materials for the freestanding buildings shall be limited to
brick, stucco, metal and glass. The building material colors and architectural design
shall be complementary to the in-line and community retail centers.
C. Rooftop equipment must be screened from view rather than painted..
S_l e
a. The clock tower translucent sign panel face area shall be limited to i 10 sq, ft. per side.
The center identification sign shall be permitmed as shown on the plans.
b. The gateway pylon sign structures shall be lowered to 22' and the sign face shall be
limited to 175 sq. ft. per sign face; the pylon sign for the northern strip center shall be
limited to 125 sq. fl. per sign face.
The location of the gateway pylon sign monument shall be reviewed and approved by
the City. All other freestanding sitmage shall be set back a minimum of 10' from any
public right-of-way.
d. The monument signs for Lot 1, Block 1; and Lots 1, 2, 7 & 8, Block 2. shall not be
permitted (freestanding, buildings).
e. In the in-line retail and community retail centers, total wall signage on the front
building facade shall not exceed 15% of the total wall area for tenants less than 20,00
sq. ft.; 10% of the total wall area for tenants between 20,000 - 50,000 sq. ft.; and 7.59/6
of the total wall area for tenants above 50,000 sq. ft.
f. All wall signage shall be limited to only the business or trade name of the building
tenant. The logo may be included only when it is part of the business or grade name or
when the name and the logo are the same_ The wall signage permitted in the in-line
aad community retail centers shall also conform to the schedule of sign heights
provided by the developer. Subtenant sigttagz shall :be permitted only if the indi-vidual
sublessee occupies at least 5% of the total space of that building.
a 0
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January 23, 1996
ADVISORY PLANNING MMMISSION
the required master plans. The development includes 11 lots and one outiot on
approximately 120 acres located in the northeast quadrant of Yankee Doodle Road and I -
35E, in the S�/z of Section 10, subject to the following conditions.
Pte.
a. Constriction of all proposed parking in the residential component, including the proof-
of-parking
roofof-parking strall% prior to final occupancy.
b. Aboveground detached garages, if allowed in the residential component, shall match
the architectural style and exterior building materials of the apartment units.
C. The parking in the residential component, including any detached garage structures,
must meet a 20' setback from the property line.
d. Execution of shared parking agreements between all commercial lots.
Buildin Height
a. The building heights shall not exceed the heights shown on the elevations plans sheets
for the in-line retail and the community retail centers.
b. The maximum height of all freestanding buildings shall be limited to 30' in height.
Elevations for each building shall be submitted as part of the Final Development Plan
approval.
LandspMink
a. The landscaping in the ponding areas and along the service area north of the in-line
center shall be enhanced on the Final Development Plan. Additional coniferous trees
shall be installed to the north of the in-line center.
b. Species of canopy trees in the parking islands shall be varied on the Final
Development Plan in order to minimize threat from disease.
C. The transit island shall be graded into a berth configuration to provide additional
parking lot screening. This grading modification shall be reflected on the grading and
drainage plan sheet in the Final Development Plan.
d. Crabapple trees selected on the plant list shall be increased to 2-112" caliper to
minimize damage from snow storage and pedestrians.
e. Shade trees shall be planted in addition to the ornamentals in the southern plaza area.
f. Landscaping and parking lot maintenance agreements shall be provided with the Final
Development Plan.
a
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January 23. 19%
ADVLSORY PLANNING COMMISSION
g. Fad cap users in the in-line retail center arc permitted one wall sign on each side
elevation, not to exceed 6' in height or 175 sq. ft. in sign area. No signage shall be
permitted on the side elevations of the community retail center.
h. Freestanding buildings shall be allowed wall signage as follows:
Block Lot Elevations Max, Covers 2e
Blk 1 Lot I West, South, East 15%
Blk 2 Lot 1
West, South, East
15%
Lot 2
West, South, East
15%
Lot 3
Noltfil, South
15%
Lot 4
North, South
15%
Lot 5
North, South
15%
Lot 6
West, South, East
15%
Lot 7
West, East
15%
Lot 9
North
15%
i. 'rhe residential monument sign on the corner of Yankee Doodle Road and Lexington
Avenue shall confonn to the City intersection monumentation concept for Yankee
Doodle Road.
j. A temporary sign on Yankee Doodle Road and another on Lexington Avenue is
permitted for the residential development (two sigrls). The temporary signs inay
remain in piaci after the first building permit is issued until six months after the last
building's Certificate of Occupancy is issued.
k. For the Bycrly's store, the signage on the plans dated 1-8-96 shall be permitted except
for the Byerly's logo on the west and south elevation shall be no higher than 14" in
height. The Byerly`s sign package is considered an exception to the sign guidelines. If
removed, the underlying guidelines shall continue to prevail.
L4h�ng
a. The decorative double globe acorn light fixtures shall be consistent with the decorative
street light standard utilized in the public street. Both the acorn light and shoebux
fixtures shall be high pressure sodium luminaries.
b. Decorative light fixtures shall be extended around the sidewalk circling the restaurant
cluster, on the center parking lot pedestrian island, and through linkages to the public
trail system on the southern portion of the development.
mo
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ADVISORY PLANNING COMMISSION
C. Decorative light fixtures shall be extended along the in -tine center sidewalk to the west
side of Byerlys.
d. Decorative light fixtures in the residential component shall match the style of those
installed in the commercial component and on Promenade Avenue.
e. Installation of decorative light fixture% shall be located within the boulevards on both
sides of Denmark and Promenade Avenues from Yankee Doodle Road to the in-line
center.
Transit
a. Construction of the east -west drive aisle accessing the bus pull -off as a 9 ton
bituminous roadway.
b. Construction of the east -west drive aisle intersections with Promenade Avenue at a
minimum 50 foot radii.
C. Provide adjustment to the northem internal traffic circulation aisle by adjusting the
parking islands to accommodate a circulator bus parked out of traffic circulation lanes
in front of tenant space number 3 and tenant space number 7.
d. Design, construction and installation of all bus stops, walkways, and site amenities in
accordance with ADA guidelines.
Nater_a AVetlands
a Pond DP -5.1 shall be excavated as per direction by water resources staff' to fully meet
water quality treatment requirements for the residential portion of the site. This
excavation shall be shown on the final grading and drainage plan.
Utilities
a The developer shall provide sanitary sewer and water wain lateral/service stubs to all
adjacent undeveloped properties and Parcels 040-75, 050-75, and 060-75 in
accordance with City engineering standards and comprehensive plans.
SidewalkslTprailways
a The developer shall be responsible for costs to install the public trail system along their
property.
b. An internal concrete sidewalk system in the width shown on Sheet A shall be installed
providing connections to the Yankee Doodle trailway and interconnections between
the restaurants, shopping mall and auxiliary free-standing building pads, with special
pavement treatment across drive aisles to denote crosswalks.
a3
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January 23, 1996
ADVISORY PLANNING COMMISSION
C. The pedestrian crosswalk on Promenade Avenue shall be of an alternative pavemcn1
material.
d. The final aggregate trail location around the pond shall be approved by the City. The
developer shall install park benches as terminus barriers at the property boundary.
Intera_Cim9ation
a. The private street for the residential component shall be 28' wide.
b. The customer drive-through and pick-up lanes shall meet all zoning code requirements
for stacking and ingresslegress.
Tree Preservation
a. Consideration shall be given to a re -design or relocation of Building 4 in the residential
component to preserve additional specimen trees.
b. Trce mitiganon shall be required for all tree removal shown on the plans dated Janualy
10, 1996, resulting from changes to proposed uses and grading limits on the plans
originally submitted on May 19, 1995.
Miscellaneous
a. Obtaining any necessmy license requirements including, but not limited to, on -sale or
off -sale liquor, is the responsibility of the developerrtenant.
All approved in favor.
a
�
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: January 19, 1996
APPLICANT: Opus Corporation
PROPERTY OWNER: The Estate of Robert J.
& Grace M. O'Neil
CASE #: 10-RZ-5-4-95
REQUEST: Preliminary Development Plan Amendment
(Eagan Promenade Planned Development)
HEARING DATE: January 23,1996
PREPARED BY: Lisa J. Freese
LOCATION: Northeast quadrant of Yankee Doodle Road and I -35E
COMPREHENSIVE PLAN: Central Area
ZONING: Planned Development (PD)
Opus Corporation is requesting approval of an amendment to the Preliminary Development Plan
for Eagan Promenade Planned Development for approximately 120 acres located in the northeast
quadrant of Yankee Doodle Road and I -35E in the S 1/2 of Section 10. This amendment is to
consider master plans for landscaping, signage, east and south plaza, building
elevations/architectural guidelines, grading, lighting, and trail/sidewalks.
1I:C�7:i11a :ki7.m:,uixg
Planned Development: Chapter 11.20, Subd. 8, B., Determination states: "In considering any
petition for such district, the Planning Commission and the Council in the interests of carrying
out the intent and purpose of this Subdivision, shall determine whether or not such planned
development will:
(1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than
does development of the underlying zoning district;
(2) be feasible for the owner and developer economically to complete according to proposed
plans;
(3) benefit the community at large to a greater degree than would development of the
underlying zoning district.".
a�
Preliminary Development Plan: A Planned Development is defined as "an urban development
developed according to an approved overall plan (1) having two or more principal uses (within
a single plat) without the necessary zoning to allow the uses in compliance with the existing
zoning district or (2) having a single use which does not comply with all of the restrictions of
any one zoning district". In other words, the overall plan approved establishes the uses and
performance standards for that development. The building sizes and locations, exterior building
finishes, parking, landscaping, roads, trails/sidewalks, signage, lighting, architectural features, etc.,
must be developed in accordance with the approved overall plan. This overall plan is called the
Preliminary Development Plan. In addition to a Preliminary Development Plan, a Planned
Development must also have a Planned Development Agreement. This Agreement is a written
document that sets forth the conditions under which the project can be developed. The
Preliminary Development Plan as drafted incorporates the site plan as an exhibit and requires
the following additional exhibits be reviewed and approved by the City as exhibits to the
Agreement:
Evaluations of the required exhibits and related issues are provided in this report.
in May 1995, Opus Corporation submitted plans proposing a mixed-use
commercial/residentiaL!'public park development for 120 acres of the O'Neil property located in
the northeast quadrant of Yankee Doodle Road and I -35E. The initial project included: 320,000
square foot power center; 70,100 square. ft. of retail freestanding commercial businesses; 20,000
square foot community retail center (i.e. small shops); 294 apartment units and 14 -acre public
park.
This development is within the "Central Area" of Eagan and is guided by the Central Area Plan
which was developed through a intensive transportation and land use planning process occurring
during 1994 and 1995. A Central Area Task Force was established by the City Council to assist
with this process in December 1994 and their report became the foundation for the Central Area
Land Use Plan Element. Modifications to the City's Transportation Plan were also necessary to
support land use development plans. Public hearings on these plan amendments held by the City
in May and were submitted to the Metropolitan Council for their review as required by the Land
Planning Act. The Metropolitan Council completed their review of both plans by October
1995 and notified the City that the amendments could be placed into effect.
This original development proposal by Opus Corporation for this .subject property was reviewed
by the Central Area Task Force and the Advisory Parks, Recreation, and Natural Resources
Commission. Both committees recommended that the public park element should be eliminated
from the proposal. The Advisory Planning Commission held a public hearing on this proposal
at its June 27, 1995 regular meeting. The APC recommended approval of the preliminary
development plan and preliminary subdivision subject to conditions in the June 22. 1995 staff
report and with modifications to the park area and trail system whereby the park dedication
would be in cash, as opposed to land, and the trails would be enhanced, particularly in the
residential area and behind the power center.
The City Council considered the Eagan Promenade proposal at its regular meeting of July 11,
1995. The City Council approved the preliminary concept plan, excluding the park, and provided
direction to staff and Opus Corporation to make revisions to the original plan. Subsequently,
Opus Corporation brought back a new concept plan to the City Council for their feedback in
August. That plan included residential development on the north side of the in-line center on the
south side of the proposed Northwood Drive. The City Council expressed concern about
residential development in this area and requested that Opus Corporation consider additional retail
development and/or a hotel at that location.
In November 1995, Opus Corporation submitted a revised Preliminary Plat and Planned
Development Plan incorporating the site plan changes suggested by the Advisory Commissions
and the City Council. Based on the revised site plan, a Preliminary Planned Development and
Preliminary Subdivision was approved with conditions by the City Council on December 5, 1995.
The Preliminary Planned Development Agreement as approved establishes the development's
uses, setbacks, maximum building square footages, internal site circulation and parking
requirements. The City Council decided not to impose any staging requirements on the
development and allowed the developer more leasing flexibility in the community retail area by
not requiring food oriented retail.
In addition to the land use plan revisions and zoning approvals, several required environmental
reviews have been completed. A Environmental Assessment Worksheet (EAW) was prepared
and distributed for comments during the fall of 1995. On December 19, 1995, the City Council,
after reviewing the comments and the findings of the EAW, made a negative declaration
regarding the need for an Environmental Impact Statement (EIS) for the project. They also
approved a wetland replacement plan for the project as required by the Wetlands Conservation
Act. An Indirect Source Permit (ISP) has been applied for from the Minnesota Pollution Control
Agency and is currently under review.
When the Preliminary Planned Development was approved in December, the City Council did
not approve the landscaping and design details. Focus on the financing of the related road
improvements and several other related issues, limited the resources of Opus and City staff to
complete the review simultaneously. In order to provide some initial direction to Opus on the
land uses and site layout, the Preliminary Development Plan was approved without all the
required details. In order to ensure that these details are properly reviewed in a public hearing,
the Preliminary Development Agreement requires that the developer submit several revised
master plan exhibits in the form of a Plan Amendment. The required exhibits include:
landscaping, signage, building elevations/architectural guidelines, trail and sidewalk plans,
lighting, tree preservation, south and east plaza details and bus/shelter transit details.
3
a7
Once the master plans are approved and incorporated into the Preliminary Planned Development
Agreement as exhibits, the Planning Commission will have no further review of the project unless
there is another amendment to the Preliminary Planned Development. The Final Subdivision and
the Final Development Plan for each individual commercial lot, if consistent with the master
plans, will proceed directly to City Council for consideration.
It was intended that these master plans would cover both the commercial and residential portion
of the development. The submittals from Opus Corporation currently under consideration
primarily address the details of commercial component of the development. Since the residential
element is not complete enough for review, the developer will be required to come back to the
Planning Commission with the associated master plans for the residential component of the
development in the form of another Preliminary Planned Development Amendment. Where
appropriate related residential development issues are identified in this report, but the residential
elements are not comprehensively addressed.
In a related issue, the City Council has also examined the Yankee Doodle Corridor and identified
a conceptual streetscaping plan. in developing this concept, it was the Councils's desire to
identify Yankee Doodle Road from I -35E as the main entrance the City's major commercial retail
area. In order to accomplish this task the City will be incorporating architecturally treated bridge
heads, decorative railings and decorative lighting into Yankee Doodle.4-35E bridge reconstruction
project. The streetscaping concept addresses the need for Yankee Doodle Road to have a scale
that is human and distinctive in appearance. The design response is to incorporate overstory
street trees lining both sides of the boulevard that would provide an attractive appearance,
seasonal interest and vertical scale to contrast with the wide expanse of the roadway. Thirdly,
the City Council desires to unify the corridor and simplify commercial signage through a series
of intersection monumentation. This monumentation and associated landscaping enhancements
are to provide gateways for the corridor at prominent intersections. Signing at the gateways for
commercial businesses and plantings with color variation will help to reinforce the intersections.
After identifying this concept, the City Council directed staff to incorporate this ideas in the road
improvement project and to work with Opus and other property owners to incorporate these
gateways into their business designs. The City will be working with other property owners along
the Yankee Doodle corridor in the coming months to develop the details of the streetscaping plan.
Implementation of the streetscaping along the already developed portions of the corridor will take
place in 1997 after the roadway construction is complete.
The subject property has never been developed and over the years has been used primarily for
agricultural purposes. A house and barn are located in the center (east -west) of the site, towards
the north side. The west half of the site is primarily open with the exception of an oak
woodlands area in the south central part of the site. The east quarter of the site is completely
wooded with rolling to steep terrain, and includes several ponds and wetlands.
r�
In the last 18 months, the west part of the site was used as a drop point for excess materials that
were hauled to the site from nearby road construction. As a result, a majority of the west half
of the site is relatively flat. The average elevation of the site is 900 feet above sea level.
The property is zoned Planned Development (PD) and designated Central Area.
Surrounding uses are as follows:
North: vacant; zoned I -l; designated Central Area (note: the owners of this ±60 acre site
have indicated an interest in developing the area with residential uses)
South: Town Centre commercial area; zoned CSC and PD; designated Central Area
East: single-family residential and vacant; zoned A and 1-1; designated Central Area and
IND
West: I -35E
Opus Corporation is proposing a mixed-use development on 120 acres of land, often referred to
as the O'Neil Property, located in the northeast quadrant of Yankee Doodle Road and I -35E. The
mix of uses proposed for this development include commercial strip center, community retail
center, freestanding commercial businesses and residential. Healey Ramme Company is
developing the residential component of the project. The total development includes
approximately 444,700 square feet of commercial space and 294 residential units.
The site will be served by two public north -south roads, providing a connection from Yankee
Doodle Road to a new public east -west collector road that connects to Lexington Avenue. The
western north -south road lines up with and is essentially an extension of Denmark Avenue. The
eastern north -south road, to be called Promenade Avenue, lines up with the driveway access to
Blue Cross/Blue Shield's Waterview Office building. The east -west collector, to be called
Northwood Drive, will eventually be extended to the west across I -35E in an alignment just to
the north of the subject property.
The commercial component as approved on December 5, 1995 consisted of approximately
298,700 square feet of in-line strip retail, 68,600 square feet of freestanding commercial
businesses on eight separate lots, and 31,800 square feet of community retail (small shops/food-
related retail). The plan continues to evolve with the latest submission declining to 292,232
square feet of in-line strip retail and to only 23,870 square feet of community retail. Compared
to the plan reviewed by the Planning Commission in June 1995, the in-line strip center is 27,768
square feet smaller, but the building divisions have been increased from 7 to 10 spaces. The
freestanding commercial fronting along Yankee Doodle Road has been reduced by a total of
1,500 square feet with one less restaurant and 3,100 square feet less space designated for
5
restaurant uses. The public park component has been completely eliminated. The community
retail shops have been reconfigured to cluster around a private plaza area on the east side of
Promenade Avenue. The space for community retail has increased to 23,870 square feet (3,870
square feet higher), but this amount is considerably less than the 31,000 square feet shown on
the plan approved by the City Council in Decembers The plans have also been revised to show
another 60,000 square feet of retail to the north of the in-line center on the south side of
Northwood Drive.
The detailed breakdown of square footage on the revised master site plan received January 12,
1996 is as follows:
In -tine strip center
56,300 square foot "upscale" grocery (w=ith off -sale liquor)
53,700 square foot retail building
26,400 square foot retail building
7,600 square foot retail building
12,650 square foot retail building
12,350 square foot retail building
9,100 square foot retail building
23,500 square foot retail building
44,322 square foot retail building
44,410 square foot retail building
1,900 square foot trash>maintenancelmechanical enclosure
Freestanding buildings
4,500 square foot freestanding restaurant building
23,000 square foot retail building
7,500 square foot sit-down restaurant building (3)
8,500 square foot bank (with drive through)
7,500 square foot video store
2,600 square foot fast food restaurant (with drive through)
Commun4,, Retail Center
11,935 square foot retaiL'restaurant building (2)
Northwood Stria Center
30,000 square foot retail building (2)
This commercial component is located on the western part of the site between Denmark and
Promenade Avenues with the in-line strip center located parallel to and approximately 900 feet
north of Yankee Doodle Road. The total linear length of the strip center is approximately 1,450
T
feet. The freestanding commercial businesses are located south of the strip center adjacent to
either Yankee Doodle Road, Denmark Avenue, or Promenade Avenue. The three sit-down
restaurants are clustered around a man-made pond adjacent to Yankee Doodle Road.
Opus plans to develop the in-line portion of the center first and intends to begin construction in
the Spring of 1996, possibly as early as March 1 if all necessary permit approvals have been
secured. Most of the out parcels south of the in-line center have commitments and it is
anticipated that construction of those properties will begin in late spring/early summer. Opus
intends to construct the community retail area when it is 50 percent lease, but at this time there
are not commitments from any tenants. There are no plans for construction of the northern strip
center at this time.
The architecture for all commercial buildings will reflect similar design elements. Building
exterior materials on the front and side elevations will include brick, metal, integrally -colored
EIFS (Engineered Insulation Finish System (e.g. Dryvit, synthetic stucco)) and glass. The rear
elevations are proposed to consist of decorative precast concrete panels.
Other architectural features of the site include three gateway signage monuments and a clock
tower. These features are described in more detail under signage. These elements have been
scaled down in height from previously submitted plans. The current submittal treats the top of
the clock tower and sign monuments with synthetic stucco cornice treatments rather than
architectural metal treatments. The more conservative design is also reflected in the decorative
elements of the in-line center with the elimination of architectural metal features and vertical
elements mirroring the clock town design on the building facade. The current submittal replaces
those elements with synthetic stucco cornice treatments and vertical bands of face brick that are
intended to break up the linear feel of the center.
Typical commercial shoe box lighting fixtures on 35 foot poles are provided throughout the
parking area and along the service drive behind the strip center. Decorative two lamp acorn style
light fixtures to provide pedestrian level lighting will be installed along the front sidewalk area
in front of the in-line center and community retail center. The submittal indicates decorative
lighting is to be installed in the median on Promenade Avenue. The current plans for the public
improvement project for the internal roadway improvements include decorative pedestrian lighting
in an opposing or alternative layout rather than in the median in both Promenade and Denmark
Avenues from Yankee Doodle Road to the in-line center.
Residential: The residential component is located on the eastern part of the site and consists of
294 apartment units in five buildings for a gross density of 12.54 units per acre. Unit mix is still
being determined by the developer, but in the most recent correspondence the mix was as
follows: 9 studio units; 43 one bedroom units; 26 two bedroom units; 112 two bedroom
townhome units; and 104 three bedroom townhome units.
F
& I
The building design provides for individual exterior entrances for each unit, a center courtyard
with each building, and underground garages. The buildings are oriented on the site to take up
grade changes (with the buildings acting as retaining walls) so that the buildings are either two
or three stories above grade, depending on the side of the building. A clubhouse and outdoor
swimming pool for residents is also included in the site plan. Residential building exteriors will
be of low maintenance lap siding.
Vehicular access to the residential component is via a private street, with one access point to the
public Northwood Drive road on the north side of the site. Pedestrian access within the site is
provided by sidewalks to the exterior doors of all units. A walkwray is also provided connecting
this component to the pond to the west.
A total of 589 parking stalls, at 9 foot widths, are provided for the residential component. Of
this total, 369 stalls are underground, 64 stalls are in detached covered garages, 131 stalls are
surface spaces, and 25 stalls are shown as proof -of -parking.
Driveway and parking lighting and fixtures will be coordinated with the commercial and public
components. Fixtures will be installed on a 14 foot pole at a spacing of 100 feet. Recessed
soffit lighting or globe lighting will be provided at each unit entry illuminating patios and
sidewalks. Additional sidewalk lighting will be provided by fixtures mounted on three foot poles
directing light only on the walking :surface. Garage door lighting will be directed only to the
building surface and driveway below.
Healey Ramme Company also intends to construct the residential component starting mid to late
summer 1996. They will not be closing on the property until July 1996.
Comprehensive Guide Plan Consistence; The subject site is guided Central Area in the Land
Use Plan and several policies from the plan are identified for use in evaluating details of the
development within the Central Area..
The proposed project is generally consistent with the policies for the overall Central Area because
the project:
a) is a dense, mixed-use development (Policies 1 and 2);
b) to an extent, accommodates and provides access to the roadway network consistent with
the Transportation Plan (Policy 3);
c) fosters a unified identity through compatible architecture, signage and lighting (Policy
4);
d) to an extent, accommodates transit (Policy 7); and
e) divides up the parking area with landscaped islands and pedestrian walkways (Policy 8b).
8
3a
To further ensure consistency with these overall policies, consideration should be given to
including:
a) additional landscaping, lighting and other architectural features along the roads,
trails/sidewalks, and within the parking areas to enhance the visual statement for the area
(Policy 5);
b) a complete sidewalk/trail network along both sides of Denmark and Promenade Avenues
(Policy 6);
c) transit service to the residential component and strong pedestrian linkages to bus access
points (Policy 7); and
d) shared parking agreements among the various tenants and components (Policy 8a).
These items are further described later in this report.
The proposed project is also generally consistent with several of the Guide Plan policies specific
to the Northeast Quadrant because the project:
a) incorporates a mix of uses including commercial, private open space and residential
components and is being planned as a whole (Northeast Quadrant Policy 1);
b) includes retail and restaurant uses in the commercial component (Northeast Quadrant
Policy 3);
c) proposes development of small retail shops in the community retail area (Northeast
Quadrant Policy 4); and
d) includes a residential component at an acceptable density with a pedestrian connection
to open space(Northeast Quadrant Policy 6).
Review of the specifics of project components, particularly in regard to scale, intensity and
compatibility (Northeast Quadrant Policy 2), is needed in order to assess the consistency with
other Northeast Quadrant policies.
Another detail to focus in on is the layout of the strip center in the commercial component, which
is approximately 1,450 feet in length with a nearly 180 degree alignment. Attention should be
given to the design details success or lack of success at minimizing the visual impact of "big
box" development. As suggested in Policy 3a, additional architectural treatments and additional
landscaping , should be considered to meet this end.
It should be noted that the Central Area includes all four quadrants centered on the Yankee
Doodle Road/I-35E intersection. Not all Central Area goals must be achieved solely in the
Northeast Quadrant.
Zai Code Performance Standards: The subject site is zoned PD (Planned Development).
The purpose of a PD is to encourage a more creative, varied and efficient use of the land.
Therefore, flexibility from zoning performance standards is acceptable provided this flexibility
E
33
allows the development to better adapt itself to the area and provides a greater benefit to the
community than would development of the site with strict application of performance standards.
Performance standards can include such things as setbacks, building coverage, building height,
parking, landscaping, exterior building finishes, signage, etc.
The following analysis compares the proposed project to code standards for the purpose of
evaluating if deviations from code standards are acceptable. Again, in a Planned Development,
flexibility from strict code requirements is acceptable provided this flexibility allows the
development to better adapt itself to the area and provides a greater benefit to the community
than would development of the site with strict application of performance standards.
Any deviations from code standards must be deemed acceptable and approved as part of the
Preliminary Development Plan and its exhibits. Where consider appropriate, PD standards can
exceed existing code requirements. If standards are not specifically addressed via the exhibits,
written guidelines or conditions imposed on the development, the existing code standards will
be required.
Setbacks: The setbacks for the parking and buildings were established with the approval of
the master site plan in December. Most of the buildings meet the City's typical setback
distances, with the exception of the grocery store tenant at northwest corner of the in-line
center where the building setback is proposed at 27' from the Denmark Avenue right-of-way.
parking setbacks from public streets are 20 feet.
The approved site plan shows setbacks for buildings with Denmark Avenue frontage range
from 27' feet (grocery tenant service area) to 100 feet (Lot 1, Block 1 fast food restaurant),
for buildings with Yankee Doodle Road frontage from 50 feet (restaurant cluster) to 100 feet
(bank), for buildings with Promenade Avenue frontage from 30 feet (retail building and
restaurant) to 230 feet (community retail), and for buildings with Lexington Avenue frontage
the minimum building setback is shown as approximately 110 feet (Building 2). Parking
setbacks from public streets for the commercial component are all shown as at least 20 feet
as required in the Code.
Regarding setbacks from other property lines, the developer has indicated that zero -foot
setbacks are proposed for buildings and parking with regard to internal lot lines. This is
consistent with code standards for buildings with party walls that are constructed as an
integral structure (i.e. the strip center).
Likewise, although all standard minimum building setbacks are met in the residential
component, the additional setbacks required because the residential buildings are greater than
35 feet in height are not met in some locations. Approval of the apartment building locations
on the site plan constituted approval of the setbacks for the apartment buildings at less than
the extraordinary standard required because of the height. The apartment building locations
are influenced by the developers efforts to minimize site disturbance and tree preservation.
It should be noted that none of the freestanding garage structures or the proposed locations
are considered approved as part of the Preliminary Planned Development Agreement. The
code does not permit accessory garages in multi family developments. A condition in the
Agreement is to provide elevations for the proposed accessory garage structures for review
prior to any approval of structures or the proposed Zocations. It should be noted that on
Lexington Avenue the Dakota County right-of-way requirements increased by 20 feet.
Subsequent revisions to the plans did not revised the parking and accessory garage structure
for Building 2 to reflect the required 20' setback for parking. This oversight needs to be
corrected by the developer when the master plan amendment for the residential component
is submitted.
Building Coverage: The standard maximum building coverage in commercial districts
ranges from 20 percent to 35 percent, and in residential districts is 20 percent. The building
coverage is 19.59 percent for the commercial component (including the community retail) and
approximately 18 percent for the residential component. As such, building coverages as
shown are consistent with code standards.
Building Height: The standard maximum building height in commercial districts ranges
from 20 feet to 35 feet. In the multiple residential district, there is no maximum building
height per se. Rather, building setbacks are to be increased three feet for each one foot of
height over 35 feet.
Elevations of the strip center and community retail, but not the freestanding buildings, of the
commercial component were included in this application. The building height of the strip
center varies from approximately 20 feet to a maximum of approximately 40 feet. This
variation is the result of individual architectural treatments for the entrances of each tenant.
The architectural treatment for each of the entrances is higher than the primary roof line for
the strip center, the purpose of which is to break up the facade, provide visual interest and
to accommodate larger signage. Although the maximum building height in some locations
does exceed the general commercial district standards, the majority of the building is within
height requirements. The building height of the community retail center also varies, from
approximately 20 feet to approximately 35 feet, which is within commercial standards.
Elevations for the freestanding buildings were not provided. The maximum height of these
structures should be limited to 35' and elevations should be submitted as part of Final
Development Plan approval.
The residential buildings are all three story structures. However, the design and placement
of these buildings on the site is such that one side of the building may have all three stories
above grade and the other side may have only two stories above grade. Building heights,
therefore, are approximately 45 feet on the two story side and approximately 60 feet on the
three story side. As noted, building heights in the multiple residential district in excess of
35 feet require additional building setbacks (see flag Setbacks above).
11
3:5,
component.
Lot Areas: There are no minimum lot area requirements in commercial or public facilities
districts. As such, the lots in the commercial component, which range from 0.94 acre to
22.37 acres, which is 14.67 acres, are acceptable.
The minimum lot area requirement in a multiple residential district is a function of the height
of the building, the mix of units (i.e. one bedroom, two bedroom, etc.), number of
underground garage stalls and the amount of ponding/unbuildable area. Following standard
code requirements, the residential component as proposed requires 21.11 acres. Although
23.44 gross acres are proposed for the residential component, only 17.52 acres can be counted
towards the lot area requirement. With the .approval of the site plan, the minimum lot size
requirement for the residential was waived to provide for the mix of units indicated in the
June 22 staff report. If the developer desires to change the mix resulting in a higher lot
requirement or consider additional units it will be necessary to review that request as part of
the residential Preliminary Planned Development amendment.
Pig: Parking to serve the commercial component consists of 2,250 stalls located
primarily between the in-line strip center and freestanding commercial businesses. Four
hundred twenty three of the total parking stalls (those located in front of the grocery store)
are at 9 IL" foot widths, with the remaining stalls at 9 foot widths. The typical city standard
for parking stall width is 10 feet. Consistent with Central Area guidelines to reduce the
expanse of parking lots, this deviation from the standard has been allowed.
The parking supply for the residential component meets code requirements of two stalls per
unit if 24 of the 25 proof -of -parking stalls are provided. Some multiple residential
developments in Eagan have experienced parking shortages, even though these developments
meet the minimum parking requirements. As such, all proposed parking, including the proof -
of -parking stalls, should be constructed at the same time. Three hundred sixty-nine of the
total stalls are located in underground garages. In other words, 1.26 underground stalls are
provided for each unit. Additional covered parking --64 spaces. --is provided in seven above
ground detached garages. City Code prohibits detached garages in multiple dwelling
complexes. This prohibition is a fairly recent (1988) addition to the code, and was
established primarily for aesthetic reasons. The dimensions of these garages range from
approximately 80 feet to 130 feet in length and approximately 20 feet in width. No
elevations of these garages were provided with the application submission, so the exact
appearance proposed for these garages is unknown. Detached garages must be deemed
acceptable as part of the residential Planned Development Amendment, and approved with
the Final Development Plan. If deemed acceptable, the architectural appearance and exterior
building materials should match the apartment buildings.
12
3.&
Landscaping: The landscaping plan shows a mixture of deciduous and coniferous trees,
shrubs and planting beds for annuals. The general complexity of this plan makes it difficult
to read especially in those areas adjacent to outlot A, the Promenade and Denmark entrances
off Yankee Doodle and other special interest locations. Sheets L-2 through L-4 are intended
to provide greater detail for the Promenade and Denmark corridors, the in-line
center/community retail center sidewalk area, restaurant areas and restaurant retail space.
While these plan sheets provide a better understanding of the spaces, their planting
description remains quite general. Based upon the readability of the plan, these observations
are offered:
• A moderate amount of landscaping surrounds the pond in Outlot A, however, landscape
species that are selected would be generally compatible with the location and would be
low to moderate maintenance materials.
• Plant massing and selection at the signing/gateway monumentation for Denmark and
Promenade appeared generally consistent with the streetscaping concept. Plants will
provide seasonal color and variation with simple massing.
• Canopy trees shown with the parking lot island areas are all Imperial Honey Locust.
These trees have probably been selected by the landscape architect to serve as a
compromise between retail visibility and the City's desire to break up the mass of the
parking lot with a canopy tree. It may be more desirable to provide a single species
within the central island and a second species within the two adjacent islands to
minimize threat from disease. The City Forester suggests the disease spread could be
reduced further if the trees were alternated within the islands. Alternative species might
include Northern Pin Oak, Ginkgo, Patmore Ash or Swamp White Oak.
• The transit island (located midway between the restaurant pads and the retail center)
should be bermed to provide additional parking lot screening. This should be reflected
in the grading and drainage plan sheet.
• Plants selected for the peripheral of the pond adjacent to Northwood Drive and
Promenade Avenue appear generally consistent with the wetland situations. However,
the planting density is minimal to moderate.
• Plantings selected as a buffer at the back side of the retail center will provide a minimal
to moderate screening of the building's rear service area side. Additional coniferous
trees should be added for a year round screening effect.
• Coniferous tree selection primarily includes spruce species which are disease prone. Pine
trees should be considered as an alternative where landscaping design permits.
13
31
• Crab Apples selected on the plant list are 1-1!2 inch caliper. This size meets city code
requirements but the parking island locations where they will be planted are high traffic
areas and snow storage locations, so the plant size should be increased or protective
measures such as staking taken.
• The trees selected for the plaza around the restaurant cluster are multi -stem ornamentals
in the seating area and river birch with the lawn area. This area because of its southern
exposure will be a hot area and a shade tree selection such are full-size honey Locust;
Pin Oak or similar would provide a more pleasing seating area.
• Maintenance of the landscaping, particularly in the common areas needs to be delineated.
• The size of the plant materials selected meet the City's minimum code requirements.
Spacing between plantings are fairly significant. This coupled with the small size of the
materials will result in a limited effect for the first few years.
• Based on code requirements for 3 percent of the building cost to be invested in plant
materials, the required landscape materials investment for the commercial component
would be about $500,000. A rough estimate of the installed plant materials including
seed and sod are valued at about $350,000.
Exterior Building Finishes: Major In-line Retail Center and Community Retail Center
The exterior materials pallet for the front and side building elevations of the in-line and
community retail centers will consist of face brick, an integrally colored bullnose block or
precast accent water table band, and synthetic stucco finish on rigid insulation (EIFS). The
brick will be used in varied heights along the lower portion of the building to articulate the
masonry components. The synthetic stucco will be used as the finish material on the upper
portion and cornice elements of the building. The face brick used will be a blend of darker
earthtone colors (amherst); a medium cream color (toasted almond) will be used for both the
synthetic stucco and bullnose banding. Texture and detailing in the brick and synthetic stucco
element will be used. An accent color of ghost violet will be used in the aluminum entrance
and window frames. Color and material samples are at City Hall and will be presented at
the APC hearing.
The materials breakdown for the front and side elevations are. synthetic stucco (57%); face
brick (30%); and glass/metal (7%). The Byerly's south building elevation utilizes more face
brick (60%) and less glass/window framing (6 %) that the rest of the in-line center. The
materials in the community retail center are proposed to be the same as the in-line center,
however, the smaller shops will result in more windows and there will be no oversized
facades.
The developer is proposing that the rear elevation (north side) of both the in-line and the
community retail centers will be constructed out of exposed aggregate, precast concrete wall
panels with an aggregate and matrix color compatible to the brick (Bryan Red Rock). The
panels will have an embossed masonry pattern along the lower portion to correspond to the
front and side wall design. The upper portion would be painted to maintain the color and
banding established by the synthetic stucco. Since the plans for development on the north
side of the in-line center are not firm, extra care should be given to the rear elevation so that
it does not have a back door appearance. Therefore, the materials on the front and side
elevations should be continued on the rear side of the in-line and community retail centers.
The elevations submitted by Opus Corporation constitute the architectural guidelines for the
in-line and community retail center. The materials composition described above is intended
to provide some visual relief from the linear expanse of the building. In the in-line center
design, the vertical elements consist primarily of face brick bands separating the smaller
tenant spaces and offset synthetic stucco facades incorporating covered entrances and
windows for the larger tenant spaces. Three of the major tenant spaces will have oversized
facades between 10' and 16' higher than the base height of around 25 feet. In the community
retail center, there is some variation in design from the smaller tenant spaces in the in-line
center and it incorporates gabled awnings over the entrances for the out tenant spaces. The
two buildings are separated by a plaza and the design takes advantage of the plaza by
incorporating windows on the side elevations facing the plaza.
The guidelines are very general for the freestanding buildings. Building materials may
include masonry, brick stucco, wood, prefabricated architectural panels and glass. The
guidelines stipulate that to the maximum extent possible, the architecture should be consistent
with the architecture of the in-line center. At a minimum, 25 percent of the building facade
should incorporate building materials or architectural features utilized in the in-line center.
All building designs will be subject to the in-line center owner's review and approval.
Staff is concerned that the guidelines for the freestanding buildings allow too much flexibility
in building materials and their application. Because of their locations, these buildings should
have a front door appearance on all four sides. While these guidelines as drafted could
result in unique signature buildings; the materials, colors and architecture of those buildings
may not be compatible with the main center. Additional effort should be made to make
design guideline criteria ensure more consistency with the in-line and community retail center
architecture so the whole development has a uniform identity through compatible architecture.
The guidelines also state that roof top equipment must be screened from view only if more
that 20 percent is visible from adjacent streets or parking lots. Otherwise they may be
painted in color compatible with the primary building. This language is not consistent with
the City's screening requirements. The refuse/recycling containers should be stored within
15
t3�
the building or in an enclosure attached to the building and constructed of the same building
materials as the main structure. This guideline is consistent with the City code requirements
The developer's proposed guidelines stipulate that the residential buildings and related
accessory structures shall use maintenance free vinyl side in a color compatible with the retail
development. All facades of the buildings shall be treated the same as the building fronts.
Asphalt shingles will be used for the roof covering. These residential guidelines are very
general and will need to be further refined with the residential Preliminary Planned
Development Amendment.
Signage: Freestanding Signage
In the commercial component of the development, Opus corporation is proposing up to 10
freestanding signs: one clock tower sign located in the center of the restaurant cluster on
Yankee Doodle, three (3) pylon signs integrated into the intersection gateway concept, one
pylon sign to identify the strip center on northwood Drive and five monument signs for the
out parcel businesses.
The clock tower will be a brick structure with concrete bullnose accents bands to match the
architectural character of the center. It will include a metal clad clock face at the top of the
40 foot structure, a synthetic stucco cornice and metal cap. Center identification will be
provided on a synthetic stucco cornice using one inch back -lit cut-out letters just below the
clock face on two lines. Three back -lit translucent sign panels totaling approximately 136
square feet per side will provide identification for the restaurant tenants. Those lowest panel
will be 15 feet above grade and the top panel will be 27 feet in height. The total sign area
of the clock tower is approximately 150 square feet per side. The clock and signage will be
on two sides, the east and west face.
The gateway sign monuments are proposed at the northeast and northwest corner of Yankee
Doodle and Promenade Ave and at the northeast corner of Yankee Doodle Road and
Denmark Avenue. The gateway monuments will be a 27 foot high brick structure accented
in the same manner as the clock tower. The gateway monument includes an 8 foot pillar
offset from the sign structure to emphasize the intersection. The gateway monument will
serve as the structure for up to four (4) back -lit translucent sign panels. The lowest panel
will be about 8 foot above grade and the top panel will be 27 feet in height. The total sign
area for each gateway monument sign will be 240 square .feet per side. Tenant signage for
the in-line center will be provided on the gateway monuments at the northeast corner of
Denmark Ave and at the northwest corner at Promenade. The gateway monument on the
northeast corner at Promenade would be a shared identification sign for the residential
component and the community retail center.
16
One sign, not to exceed 27 feet in height and to include no more than 160 square feet of sign
area per face, is proposed for the retail project off of Northwood Drive. The sign design is the
same as the gateway monument structure - brick with concrete bullnose accent bands and
synthetic stucco cornice. The pillar monument will not be included at this location.
In addition, Opus is proposing that freestanding tenants would have an option to have a
monument sign if they choose to have wall signs on two, instead of three sides of the building.
The monument sign would be a 7' high by 14' wide brick structure with synthetic stucco cornice.
The structure would accommodate a sign face of 100 square feet per side.
Freestanding
Sign
Sign
Structure
&M
SiZeLEacc
Height
Heielit
Number
Commercial
Clock 'Tower
150 sq. ft.
27'
40'
1
Gateway Pylon
240 sq. ft.
27'
27'
3
Northern Pylon
160 sq. ft.
27'
27'
1
Monument
100 sq. ft
7'
7'
5 (optional)
Residential
Monument
50 sq. ft.
7.5'
7'
1
Gateway
not specified
7.5
3-4'
2
Directional
20 sq. ft.
5'
S'
5
The City has expressed concern about the height and size of the signage presented in earlier
concepts. Opus has responded to those concerns by lowering the clock tower from 50' to 40' in
height and the pylon signage from 35' to 27' in the current sign plan proposal. The proposed
signage on the clock tower meets the intent of the height requirements by keeping the sign panels
at a maximum height of 27 feet, but the center identification signage is about 30 foot high. With
regard to the gateway pylon signage, the City's intersection treatment concept suggested a
structure considerable lower in height, approximately 15' - 18' high. It should be noted that the
proposed clock tower and gateway sign structure are still higher and larger than envisioned in
the City's intersection treatment concept, but overall, the vertical design elements and landscaping
are compatible with that concept.
If this were a typical development in the CSC (Commercial Shopping Center) zoning district, this
center could have up to four pylon signs up to 27' in height between Denmark Avenue and
Promenade Avenue with a maximum sign face of 125 square feet per side. The total sign face
area of those signs could be a maximum of 500 square feet. The proposed signage exceeds that
allowed sign area by 140 square feet per side, or 28%.
17
�L (
Earlier submittals and presentations by representatives for Opus Corporation suggested that
freestanding individual tenant signage would not be a significant portion of the signage package.
Previous signage presentations focused more on center identification vs, individual tenant
identification.
Woodbury Village was often identified as the standard for design that Opus Corporation was
striving to exceed. Freestanding signage at Woodbury Village consists of. 1) freeway sign. 40
feet high and 280 square feet per sign face with major tenants listed; 2) entrance monument, 17
feet high, 80 square feet per sign face; and 3) 7 pylon signs along Valley Creek Road, all 20 feet
tall, with one pylon at 104 square feet, and all others at 78 square feet. All individual pylon
signs have a uniform sign design and structure.
The freestanding signage proposed, like the building design, reflects the large scale of the power
center format. Signage for power centers in other communities in the metropolitan area is
similarly scaled. The main difference, however, is that large scale signage for these centers is
directed at the freeway, not towards a city street where speeds are lower and sight distances are
shorter. The new center in Richfield allowed two square freeway sign structures 47' high and
15' wide with four sign faces with individual tenant names totalling 140 square feet per side.
Also, Richfield permitted three 33' high pylons for each building tenant along the local city- street
with 80 square feet per sign face. The center has about 300,000 square feet of commercial space.
A new center in Woodbury- located on I-94 and Radio Drive, the City is allowing a freeway sign
with individual tenant signage totalling 300 square feet in area and 40' in height, two entrance
monuments 18' high with center identification only and one with two tenant names permitted.
A series of six 20' high pylons with a sign face area of 80 square feet per side to be located
along city street frontage was requested but not approved by the Cit -y of Woodbury. The center
is over 700,000 square feet of commercial space.
Another Opus development just completed in Maple Grove was allowed 2 freestanding pylon
signs 35' high with individual tenant signage totalling 504 square feet per sign face. On
additional freestanding monument sign with a height of 9' and a sign face of 80 square feet was
permitted.
In the context of the surrounding area, staff has concerns regarding the height and size of the
freestanding signs. In the Town Centre area, almost all the freestanding signage is 27' or lower
in height. The one exception is the 35 foot high Town Centre complex identification sign which
has a freeway orientation. The sign face size of the signs around Town Centre range from
between 64 square feet per side for Signal bank to 115-125 square feet per side for business like
Kinkos/Payless, Kohls, Wal?Vlart, etc. One notable exception to size is the Auto Mall pylon sign
at Pilot Knob and Duckwood. This sign is approximately 180 square feet per sign face. Signage
directly across from this development on the south side of Yankee Doodle is as follows:
18
Town Centre
49 sq. ft
35'
Arbys
110 sq. ft
20'
Burger King
145 sq. ft
25'
Signal Bank
64 sq. ft.
23'
Office Building
100 sq. ft.
20'
Edina Realty
119 sq. ft
27'
Valvoline
96 sq. ft.
27'
Businesses in other commercial retail centers in Eagan have considerably less freestanding
signage and generally the signage conforms to height requirements. For example, the Cliff Lake
Center signage includes two monument signs and one pylon sign off Cliff Lake Road. The
monument signs are 6' high with a total of 25 sq. ft. per sign face; the pylon sign is 27' high with
25 sq. ft. per sign face. Two individual tenants were allowed pylon signs. Cub Foods pylon sign
is 27' high with 80 sq. ft. of signage per sign face per side and Target Stores pylon sign is 35'
high with 75 sq. ft of sign face per side. The Target pylon sign is visible from I -35E.
If it is considered appropriate to further restrict the height of the gateway signs or clock tower,
the sign face allowed must also be reduced in order to keep the sign face in proportion with the
structure. It is recommended that the sign faces of all freestanding signs along Yankee Doodle
be reduced by 28 percent to correspond with the normally permitted signage and the gateway
signage be lowered to maximum height of 22 feet.
With the exception of the gateway signage, all other freestanding signage should meet the
required 10' setback from the property line. The gateway signage location should be reviewed
by Engineering staff to determine the appropriate location necessary to preserve sight triangles
at the intersection.
The outparcel monument signs were not part of the earlier submittal. The corresponding sign
guidelines submitted by developer consider this signage type as an alternative to wall signage for
5 of the 8 freestanding businesses south of the in-line center (restaurant cluster signage on clock
tower). The guidelines stipulate that these freestanding businesses are permitted wall signage on
three sides of the building or wall signage on two sides of the building plus one monument sign.
The signage option pursued by the individual lot developer is to be submitted with the Final
Development Plan. The signs are located along Promenade and Denmark Ave with one
exception being an internal sign for the building in the northwest corner at Promenade Avenue.
The appropriateness of these signs should be evaluated in context with the wall signage permitted
on these buildings (see Wall Siglag_g discussion). Staff' believes that these signs have limited
functions, will add to the visual clutter, and will take away from the effective landscaping area.
It is recommended that these signs be eliminated.
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For the residential component, three gateway identification signs are proposed: one at the
entrance off Promenade Avenue; one at the entrance off Northwood Drive; and one at the corner
of Lexington Avenue and Yankee Doodle Road. The sign on the comer of Lexington Avenue
and Yankee Doodle Road will reflect the Yankee .Doodle Corridor streetscape intersection
concept. The internal gateway signs will be 7' high winged brick structures with concrete caps.
They are also requesting temporary signs to be located in five locations along the perimeter of
the residential area. These signs are intended to promote the complex during the initial leasing
period.
Generally, the permanent residential signage is acceptable. The monument sign at the corner of
Lexington and Yankee Doodle should be modified to conform to the City's intersection treatment
concept. The temporary signage for the residential, if considered appropriate, should be limited
to one sign each on the Lexington frontage and one sign on the Yankee Doodle frontage with
their duration limited.
Wall Sage: Building -mounted business signage for the in-line and community retail center
is proposed to be no greater than 20% of the wall face. The signage is limited to the business
or trade name of the building tenant. The logo may be incorporated into the sign only when it
is part of the business or trade name or when the name and the logo are the same. Signage will
be limited to individual back -lit channel block letters, No pan or panel wall signs or exposed
neon signs shall be permitted. All storefront signs are required to include a 2' border setback on
each side of the building tenant name. Signage is allowed only on the front face of the centers
except end cap users will be permitted one additional wall sign not to exceed 6' in height. The
height of the individual letters must meet the following schedule:
Size of Tenant Sign of One Line Only Sian of Two Lines
Less than 20,000 sq. ft. Not to exceed 4' Not to exceed 6' for both lines
20,000 to 50,000 sq. ft. Not to exceed 6' Not to exceed 8' for both lines
Above 50,000 Not to exceed 10' Not to exceed 16' for both lines
As the landlord'o%Nmer discretion, the following additional signage would be permitted: 1)
tenants with separate entrances for related, but separate functions will be allowed additional wall
signage in conformance with the above schedule for tenant spaces of less than 20,000 square feet,
2) other unspecified wall signage would be permitted in an amount not to exceed 2% of the wall
area with letter sizes not to exceed 2' in height; and 3) window signage. No guidelines
regarding sign colors are suggested.
Any deviations from sign code standards must be deemed acceptable and approved with the
Preliminary Development Plan. The zoning code stipulates that one building mounted business
sign for each major street frontage, not to exceed 20% of the area of the building side, is
allowed. In this case, however, the building facade is larger than a typical strip retail center:
Therefore, lower percentages of sign coverage would be recommended., In reviewing the sign
bands shown on elevations submitted, it is important to recognize that the signage sho«-n is
between 3-6%. Under the guidelines presented, over three times as much wall signage would
be allowed even for the smaller tenant spaces. Such an amount of signage not only would be
overwhelming, but probably would not be considered necessary by the tenants. The following
stricter coverage requirements should be considered: 1) 15% of the total wall area for tenants
less than 20,000 sq. ft.; 2) 10% of the total wall area for tenants between 20,000 - 50,000 sq.
ft.; and 3) 7.5% of the total wall area for tenants above 50,000 sq. ft.
It is appropriate for freestanding businesses to have a wall sign along each major street frontage
and to have a wall sign on the internal side for identification from the parking area. The
proposed monument signage will not enhance business identification fiu-ther so it should be
eliminated.
The letter height restrictions proposed by Opus Corporation were suggested by City staff in order
to reduce the amount of wall signage permitted on the structure. To place these letter heights
in context, many of our typical retail strip centers sign bands accommodate 4' high signage.
Opus Corporation has indicated a desire to provide larger signage so that businesses can be
identified from the Yankee Doodle Corridor. To place this corridor in perspective, the businesses
in the in-line center will be set back at approximately the same distance as WalMart and Kohls
are from Pilot Knob Road. As you are heading southbound on Pilot Knob Road, the WalMart
and Kohls wall signs are quite visible. The WalMart letters are 4.5' high and the Kohls letters
are 5' high.
This guidelines provided by the developer are intended to be ongoing sign standards applied to
the development. Opus has indicated that some tenants may desire more signage than allowed
under these guidelines, so they have inquired whether or not they could establish an expedited
process to consider sign guideline deviations rather than through the Preliminary Planned
Development Amendment process. According to legal counsel, these standards cannot be waived
through a variance process; only through a Planned Development Amendment. If, however, the
Planning Commission felt comfortable relinquishing review of these sign amendments, it could
be handled as a part of the Final Planned Development. Staff, however, would not recommend
handling deviations from the sign guidelines in this manner.
The sign package submitted this week for the Byerly's store deviates from the proposed sign
guideline standards. It allows signage in excess of the letter height requirements proposed for
spaces 50,000 sq. ft. or greater and it contains extraneous signage such as "Fine Foods" and
"Open 24 Hours." Within the Byerly's store, there will be several subtenants without separate
entrances and they are requesting individual signage for those tenants. In total, this signage for
the subtenants will be 150 sq. ft. The "B" in the Byerly's sign on the main facade will be 15'
in height; on the end cap, the "B" will be 14' in height. If the Byerly's sign pian is considered
acceptable, Opus Corporation would envision this as an exception from the sign guidelines. In
the event that Byerly's would leave this tenant space and a new grocer would lease the space, that
tenant would be required to meet the sign guidelines.
For the Byerly's store, the following signage is recommended: 1) The Byerly's logo sign on the
west and south elevation shall be no higher than 14', 2) leo other signage shall be allowed on
the east elevation; 3) The signage "Open 24 Hours" and "Wine and Spirits" (or "Food and
Spirits") are permitted on the south facade and shall be no higher than 2', and 4) The Byerly's
sign package is considered as an exception to the sign guidelines. if removed, the underlying
guidelines shall continue to prevail.
Lighting:. The lighting provided in the commercial component includes typical commercial
parking lot lighting and pedestrian level lighting. The parking lot lighting is a shoebox fixture
on 35' poles with a high pressure sodium luminary. The decorative street lighting fixtures are
proposed to be located along the sidewalk area in front of the in-line and community retail center.
The proposed standard is a double globed acorn luminary 15' in height. Similar decorative
lighting is planned for both sides of Denmark Avenue and Promenade Avenue up to the face of
the in-line center. The plans submitted incorrectly show lighting in the center median on
Promenade Avenue. The master plan submittal should be corrected to reflect the City roadway,
lighting plan.
The developer was also encouraged to provide pedestrian level lighting in the sidewalk area near
the restaurant cluster and bus island in the center of the development.
Driveway and parking lot lighting in the residential component will be installed on 14' poles.
Specific specifications for the lighting are not provided with the submittal. These lights should
be coordinated and compatible with the commercial lighting. Additional lighting for unit entries.
sidewalks, and garage doors will also be provided in the residential area. 'The decorative lighting
along the in-line center is spaced adequately to be effective, but should be extended to the west
of the grocery store.
Transit: The proposed development includes some provisions for transit in the commercial
component with a bus pull -off area in the parking island along the southern internal circulation
route and suggests two potential bus pull -off locations in the public right-of-way: 1) along the
east side of Denmark Avenue near the grocery store; and 2) along the west side of Promenade
Avenue north of the pedestrian crosswalk area. Staff from Minnesota Valley Transit Authority
(MVTA) reviewed the site plan for transit needs and issues and are concerned that the bus pull -
off area is too remote to serve the development, particularly the in-line center. MVTA would
prefer that one or more bus pull -off areas be provided along the front of the in-line center. They
feel this would best serve their needs if a circulator bus route is established and would best
provide access to destinations needed by para -transit users.
The bus shelter shown on earlier submissions has been eliminated from the development. A
suitable alternative for a shelter location would be in the bus pull -off areas in either Promenade
or Denmark Avenues.
`*a
4(r
The decorative pedestrian Iighting should be added to the center bus island. Lighting poles
should be located in a manner so as to not interfere with passenger loading and unloading. All
seating, walkways and site amenities should meet ADA guidelines.
Water Quality: The water quality issues were addressed in depth in the June 22, 1995 APC
staff report. The grading plan in this submittal has been revised adequately to address those
issues with the exception of one comment regarding the residential portion of the development.
A portion of runoff from the residential area will be discharged to a proposed dry pond
designated Pond DP -5.1. However, staff recommends that this pond be constructed as a wet
pond (surface area and wet volume of .3 acres and 1 acre feet respectively, at the normal water
level) to satisfy water quality mitigation requirements for this portion of the development. This
should be reflected in the grading plan.
Wetlands: There are 5.65 acres of jurisdictional wetlands in 7 basins within the development
site. The current development plan would result in the filling of .49 acres of wetland and
establishment of replacement wetlands in the north central portion of the site. A complete
wetland replacement plan was approved by the City Council in December 1995 after completing
the required review under the Wetlands Conservation Act. Implementation of the approved
replacement plan will result in the creation of 1.1 acres of wetland on the site
Streets & Utilities: Water and sanitary sewer are available to the site and preliminary utility
plan were approved with the Preliminary Subdivision. The preliminary storm sewer and drainage
plan is also acceptable to City staff, but some small adjustments with regard to the landscaping
plan and ponding need to be incorporated into the final grading/drainage plan. Also, details
regarding utilities, including the location, depth, easements, construction staging, and
responsibility for installation will need to be worked out prior to Final Subdivision approval.
Internal Circulation Requirements: The proposed internal circulation and traffic
channelization are acceptable for the in-line center, the outparcels and community retail center.
The proposed drive-through and grocery pick-up areas need to be reviewed to determine code
compliance with stacking requirements and to reduce internal traffic circulation conflicts. The
residential component will be served by a private street. The width of that street needs to be
increased from 24' to 28' to meet private street standards for the number of dwelling units served
by this street. In addition, an access easement for the residential development entrance must be
obtained prior to Final Subdivision approval
Sidewalks/Trailways: With the development of a major retail commercial center surrounded by
a major multiple residential development, there is an inherent need for off-street pedestrian
walkways. In order to obtain regional and federal funding for some of the Central Area
transportation improvements necessary to service this and other developments, the City will have
to provide a continuation of our community trailway system along the Northwood Drive and
good access to internal circulation walkways. Subsequently, a 10' bituminous trailway must be
provided on west side of Denmark Avenue, the east side of Promenade Avenue, and north side
23
4"7
0
Northwood Drive to serve as the primary bike trail, Additionally, an 8" concrete sidewalk-
st be provided on the east side of Denmark Avenue, the west side of Promenade Avenue, and
south side of Northwood Drive. Also a bituminous trailway must be provided on Lexington
enue from Yankee Doodle Road to Northwood Drive. This public trailway system will be a
zimum of 8" from the back of roadway curbing, and in several instances, in order to
ommodate road width requirements, it will be located outside the right-of-way. Opus has
eed to this placement and they will provide the City with necessary easements. The City
:ourages a slight meandering alignment that can be integrated with the final landscape plan.
trail plan indicates that pedestrian circulation will be provided both east -west and north -south
through the commercial component parking lot via special pavement treatments along store fronts
and through the center parking island. These pedestrian connections have been strengthened
where they cross drive aisles by continuing the special pavement treatments through these
locations. The developer has indicated that these pavement treatments will be scored concrete.
0 A concrete sidewalk will be provided through the center of the internal parking lot area providing
convenient and adequate access from the restaurant cluster to the main shopping center complex.
Vi'here sidewalks traverse major driving aisles and/or public streets, an alternate pavement
material (concrete, paving blocks, etc.) will be provided to accentuate and highlight these
pedestrian crosswalks. The internal sidewalk will connect with the Yankee Doodle trailway- on
both sides of the restaurant cluster.
The concrete sidewalk in front of the in-line center and the community retail area has been
widened to enhance landscaping opportunities and provides a more inviting pedestrian way, with
decorative lighting.
Tree Preservation: The west half of the site is open with the exception of 50,000 square foot
woodlands in the south central part of the site (comprised mostly of oak trees, up to 20" in
diameter), and a scattering of mixed deciduous trees located around the existing abandoned
farmhouse and outbuildings. This west half of the site is relatively flat with a considerable
amount of fill added during the last two years.
The east half of the site is completely wooded with rolling terrain and includes several ponds,
wetlands and water bodies. Tree species composition on this east half include mostly oaks (8"
to 48" in diameter), black cherry, aspen, elm, cottonwood, birch, and cedar. Most of the larger
oaks and cedars are concentrated in higher elevation areas (ridge tops and bluff lines) while the
lower slopes and wetland edges are vegetated with elm, cottonwood and other lowland species.
There are several areas throughout this east half of the property which include heavy
concentrations of "specimen oaks", diameters larger than 30". These areas should receive special
attention and design layouts.
6 24
An original and a revised Tree Preservation Plan have been submitted for staff review. The most
current revised plan indicates the existence of 1,072 significant trees over the entire site. Thirty-
six hardwood deciduous trees (mostly oaks) are classified as specimen trees and dozens of oak
trees in the 20" - 30" diameter range. Current tree data as follows:
Commercial
Residential
Promenade
15170
9" Hackbenry
15171
Avenue
Total
Existing 432
586
54
1,072
To be removed 309
237
54
600
Percent removed 71.5%
40.4%
100%
56.0%
Allowable removal for this type of development is 47.5% of the total existing resource. With
an overall removal of 56%, the development is exceeding this threshold; therefore, mitigation is
required. The tree removal mitigation calculates to either 175 Category A trees, 350 Category
B trees, or 700 Category C trees. According to the Tree Preservation Policy, this tree removal
mitigation is to be in addition to any landscape requirements.
The developer has proposed grading the entire area to be developed at one time. The Tree
Preservation Policy was originally set up to deal with development on a two-phase process. The
first phase would include initial site grading and installation of utilities. During this phase, 25%
of the existing significant vegetation is allowed to be removed without mitigation. The second
phase would include development of individual lots. A 30% removal of the remaining significant
trees/woodland resource is allowed during this phase without mitigation. Staff is recommending
tree preservation issues of this particular development be considered in an entire site phase, with
all the tree preservation/removal matters to be considered at the time of initial development.
A redesign, or relocation, of Building 4 (east residential site) should be considered to preserve
additional specimen trees. The current placement of this building will result in the removal of
at least 20 significant trees which can possibly be preserved by redesigning Building 4. The list
of trees that could be preserved is given below.
10125
34"
Oak
15170
9" Hackbenry
15171
5" Cedar
15172
48"
Oak
15174
36"
Oak
15175
15"
Hackberry
15176
28"
Oak
15177
28"
Oak
15178
21"
Oak
25
4
15179
36"
Oak
15180
24"
Oak
15184
21 "
Oak
15185
32"
Oak
15186
32"
Oak
15187
321'
Oak
15188
14"
Hackberry
1.5189
9" Elm
15190
24"
Ash
Eight of these 18 trees are classified as "Specimen Trees" (hardwood deciduous trees greater than
30" diameter), which receive special attention under the Tree Preservation Policy and should be
preserved wherever possible. Field inspection has resulted in the identification of two additional
trees (28" Oak and 26" Elm) in the area of Building 4 that would be removed if the proposed
plan is carried out. This list does not include the dozens of smaller diameter trees (less than 8"
diameter), which are not required to be identified under the Tree Preservation Policy, but could
be preserved. Average diameter of the oaks which could be preserved is 28.5", this corresponds
to a tree age of approximately 170 years. As a point of reference, this is the exact same age as
the "Lone Oak Tree" located at City Hall.
A. To recommend approval or denial of a Preliminary Development Plan Amendment for
Eagan Promenade as proposed or with modifications.
Approval subject to the following conditions:
a. Construction of all proposed parking in the residential component, including the
proof -of -parking stalls, prior to final occupancy.
b. Aboveground detached garages, if allowed in the residential component, shall
match the architectural style and exterior building materials of the apartment units.
c. The parking in the residential component, including any detached garage
structures, must meet a 20' setback from the property line.
d. Execution of shared parking agreements between all commercial lots.
OR
a. The building heights shall not exceed the heights shown on the elevations plans
sheets for the in-line retail and the community retail centers.
b. The maximum height of all freestanding buildings shall be limited to 30' in height.
Elevations for each building shall be submitted as part of the Final Development
Plan approval.
a. The landscaping in the ponding areas and along the service area north of the in-
line center shall be enhanced on the Final Development Plan. Additional
coniferous trees shall be installed to the north of the in-line center.
b. Species of canopy trees in the parking islands shall be varied on the Final
Development Plan in order to minimize threat from disease.
c. The transit island shall be graded into a berm configuration to provide additional
parking lot screening. This grading modification shall be reflected on the grading
and drainage plan sheet in the Final Development Plan.
d. Crabapple trees selected on the plant list shall be increased to 2-1/2" caliper to
minimize damage from snow storage and pedestrians.
e. Shade trees shall be planted in addition to the ornamentals in the southern plaza
area.
f. Landscaping and parking lot maintenance agreements shall be provided with the
Final Development Plan.
g. Estimated plant materials and sodding/seeding costs for the commercial portion
of the development must be 3% of the estimated cost of the commercial buildings.
h. The grass seed mixture must be provided on the Final Development Plan.
a. The rear elevation shall be constructed with the same face brick, bullnose block
and synthetic stucco materials and colors as used on the front and side elevations.
27
si
b. Building materials for the freestanding buildings shall be limited to brick, stucco,
metal and glass. The building material colors and architectural design shall be
complementary to the in-line and community retail centers.
c. Rooftop equipment must be screened from view rather than painted.
a. The clock tower translucent sign panel face area shall be limited to 110 sq. ft. per
side. The center identification sign shall be permitted as shown on the plans.
b. The gateway pylon sign structures shall be lowered to 22' and the sign face shall
be limited to 175 sq. ft. per sign face; the pylon sign for the northern strip center
shall be limited to 125 sq. ft. per sign face.
c. The location of the gateway pylon sign monument shall be reviewed and approved
by the Cit} . All other freestanding signage shall be set back a minimum of 1 0"
from any public right-of-way.
d. The monument signs for Lot 1, Block 1; and Lots 1, 2, 7 & 8, Block 2, shall not
be permitted (freestanding buildings).
e. In the in-line retail and community retail centers, total wall signage on the front
building facade shall not exceed 15% of the total wall area for tenants less than
20,000 sq. ft.; 10% of the total wall area for tenants between 20,000 - 50,000 sq.
ft.; and 7.5% of the total wall area for tenants above 50,000 sq. ft.
f. All wall signage shall be limited to only the business or trade name of the
building tenant. The logo may be included only when it is part of the business
or trade name or when the name and the logo are the same. The wall signage
permitted in the in-line and community retail centers shall also conform to the
schedule of sign heights provided by the developer. Subtenant signage shall be
permitted only if the individual sublessee occupies at least 5% of the total space
of that building.
g. End cap users in the in-line retail center are permitted one wall sign on each side
elevation, not to exceed 6' in height or 175 sq. ft. in sign area. No signage shall
be permitted on the side elevations of the community retail center.
h. Freestanding buildings shall be allowed wall signage as follows:
28
Sa-
Block I&
Elevations
Maximum Coverage
Blk 1 Lot 1
West, South, East
15 %
Blk 2 Lot 1
West, South, East
15%
Lot 2
West, South, East
15%
Lot 3
North, South
15%
Lot 4
North, South
15%
Lot 5
North, South
15%
Lot 6
West, South, East
15%
Lot 7
West, East
15%
Lot 9
North
15%
i. The residential monument sign on the corner of Yankee Doodle Road and
Lexington Avenue shall conform to the City intersection monumentation concept
for Yankee Doodle Road.
j. A temporary sign on Yankee Doodle Road and another on Lexington Avenue is
permitted for the residential development (two signs). The temporary signs ma-
remain in place after the first building permit is issued until six months after the
last building's Certificate of Occupancy is issued.
k. For the Byerly's store, the following signage is permitted: 1) The Byerly's logo
sign on the west and south elevation shall be no higher than 14' in height, 2) No
other signage shall be allowed on the east elevation; 3) The signage "Open 24
Hours" and "Wine & Spirits" (or "Food & Spirits") are permitted on the south
facade and shall be no higher than 2'. The Byerly's sign package is considered an
exception to the sign guidelines. If removed, the underlying guidelines shall
continue to prevail.
a. The decorative double globe acorn light fixtures shall be consistent with the
decorative street light standard utilized in the public street. Both the acorn light
and shoebox fixtures shall be high pressure sodium luminaries.
b. Decorative light fixtures shall be extended around the sidewalk circling the
restaurant cluster, on the transit island, and through linkages to the public trail
system on the southern portion of the development.
c. Decorative light fixtures shall be extended along the in-line center sidewalk to the
west side of Byerlys.
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d. Decorative light fixtures in the residential component shall match the style of
those installed in the commercial component and on Promenade Avenue.
e. Light poles on the bus island shall be located in a manner so as not interfere with
passenger loading and unloading.
f. Installation of decorative light fixtures shall be located within the boulevards on
both sides of Denmark and Promenade Avenues from Yankee Doodle Road to the
in-line center.
a. Construction of the east -west drive aisle accessing the bus pull -off as a 9 ton
bituminous roadway.
b. Construction of the east -west drive aisle intersections with Promenade Avenue
at a minimum 50 foot radii.
c. Construction of a bus pull -off area in Promenade Avenue and Denmark Avenue
just to the north of the in-line center's south facade.
d. Design, construction and installation of all bus stops, walkways, and site amenities
in accordance with ADA guidelines.
e. The developer shall provide an easement for future bus shelter locations at the
Promenade Avenue and Denmark Avenue pull -off locations if it cannot be
accommodated in the right-of-way..
a. Pond DP -5.1 shall be excavated as per direction by water resources staff to fully
meet water quality treatment requirements for the residential portion of the site.
This excavation shall be shown on the final grading and drainage plan.
a. The developer shall provide sanitary sewer and water main lateral/service stubs
to all adjacent undeveloped properties and Parcels 040-75, 050-75, and 060-75 in
accordance with City engineering standards and comprehensive plans.
a. The developer shall be responsible for costs ,to install the public trail system along
their property.
30
V
b. An internal concrete sidewalk system in the width shown on Sheet A shall be
installed providing connections to the Yankee Doodle trailway and
interconnections between the restaurants, shopping mall and auxiliary free-standing
building pads, with special pavement treatment across drive aisles to denote
crosswalks.
c. The pedestrian crosswalk on Promenade Avenue shall be of an alternative
pavement material.
d. The final aggregate trail location around the pond shall be approved by the City.
The developer shall install park benches as terminus barriers at the property
boundary.
a. The private street for the residential component shall be 28' wide.
b. The customer drive-through and pick-up lanes shall meet all zoning code
requirements for stacking and ingress/egress.
a. Consideration shall be given to a re -design or relocation of Building 4 in the
residential component to preserve additional specimen trees.
b. Tree mitigation of either 175 Category A trees, 350 Category B trees, or 700
Category C trees shall be required and tree removal mitigation shall be in addition
to the landscaping requirements. Mitigation trees shall be noted with special
delineation on the landscape plan of the Final Development Plan.
a. Obtaining any necessary license requirements including, but not limited to, on -sale
or off -sale liquor, is the responsibility of the developer/tenant.
MEMO
city of eagan
MAYOR AND CITY COUNCILMEMBERS
THROUGH: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM:
0 DATE:
LISA FREESE, SENIOR PLANNER
JANUARY 26, '1996
RE: CDBG FUNDING RECOMMENDATIONS FOR 1996-1997 FISCAL YEAR
The City's annual application for the Community Development Block Grant Program is
due to the Dakota County Housing and Redevelopment Authority by February 9, 1996.
Fiscal Year 1996 (7/l/96-6/30/97) CDBG funding appropriation is still under consideration
by Congress, but the application process needs to be completed on its normal timeline
in anticipation of an appropriation. The HRA staff has indicated that there is a possibility
this program could be eliminated, but they are optimistic that it will be funded again in
1996. The anticipated funding level for the upcoming fiscal year is about $231,240.
For your information, the previous CDBG projects and their status are summarized in
Attachment 1. In reviewing those CDBG projects not yet completed by the City, staff has
identified $10,000 that should be reprogrammed at this time. In 1993, $10,000 was
allocated for the Wescott Townhomes Management Study. After several attempts to
develop a focus for this study, it appears that significant management issues have been
worked out through changes in management companies by some of the owners. It is
HRA and City staffs conclusion that the original intent of the study no longer exists so
reprogramming those funds to some other eligible activity would be appropriate as a part
of this funding cycle application process. Therefore, the total funding allocation to
consider for 1996 about $241,240
Historically, Eagan has used this money to fund housing and community service oriented
projects. In considering the options of how to allocate these dollars in 1996, City staff
from various departments were consulted and with their assistance a variety of eligible
projects ideas were identified. A complete list of those identified projects are enumerated
in Attachment 11.
(5 P
The Community Development staff also identified CDBG funds as a potential way for the
City of Eagan to meet the local expenditure required (ALOHA amount) to promote life
cycle and affordable housing development under the Metropolitan Livable Communities
program. Under this program, the City will be required to spend at least $97,063 of local
funds beginning in 1997 towards efforts to increase the community's life cycle and
affordable housing supply. As you will recall, as part of the goal setting for the Livable
Communities program, the City indicated its intent to participate in a cluster action plan
(multi -community) being coordinated by the Dakota County HRA. In order to seek ideas
about CDBG eligible activities to consider for the Cluster Action Plan implementation,
Community Development Department staff met with Mark Ulfers of the Dakota County
HRA. He suggested a number of ideas which are more fully described in a letter included
in your packet.
Department Heads discussed the HRA suggestions and other projects considered by City
staff. In consideration of the Livable Communities goals and existing City programs, the
following projects for 1996 CDBG funding are being recommended for the City Council's
consideration:
1. Senior Housing Project - $100.000• The HRA indicated that again in 1996 they
would encourage the City to switch CDBG funds to HOME funds for the next phase
of the senior housing development. The HRA is in the process of analyzing the total
amount of additional funding necessary to proceed with the next phase. During the
two previous CDBG funding cycles, the City has switched a total of $250,000 for this
purpose. This project will contribute to both the City's life cycle and affordable
housing goals.
2. Sinale FamilyHousing Rehabili - $101,240, CDBG funds would be
allocated to the county -wide housing rehabilitation program administered by the
HRA. These funds would be dedicated to low and moderate income Eagan
homeowners in need of low interest loans for housing rehabilitation. Currently, there
are nine Eagan residents on the County's existing waiting list. The HRA estimates
that an additional $125,000 allocated to this program would provide sufficient funds
to assist approximately ten Eagan households. While this program would not add
units to the City's affordable housing stock, it would facilitate one of the City
Council's identified goals of preserving the quality of Eagan's existing affordable
housing.
3. Junior Youth -At -Risk Program - $10.000. Last year the Parks & Recreation
Department set up a Junior Youth -At -Risk program for youths 6-12 years of age in
the Wescott Hills neighborhood which was funded at the $5,000 level in 1995.
Additional funding is sought by the Parks & Recreation staff this year in order to
potentially expand the program to the Cinnamon Ridge and Quarry neighborhoods.
4. Acquisition of Wescott Townhome Unit $30.90. The City currently leases a
unit in the Wescott Townhome project to operate the various community outreach
programs for the residents. The owners of that unit have given notice to the City
that the past arrangement of waiving one-half of the normal rent would no longer be
possible. Ratherthan pay additional rent, the Parks & Recreation Department would
like to consider purchasing the unit at an estimated $30,000. Acquisition of public
property is an eligible expenditure of CDBG funds.
The HRA has suggested that the City could consider using CDBG funds to contribute
towards land acquisition to develop additional affordable housing. The cluster action plan
for the Livable Communities program will be including additional affordable housing for
working families like the Oak Ridge Townhomes currently under construction. The HRA
will be looking to all participating cities, including Eagan, for sites. Staff suggests that we
do not allocate funds from FY 1996, but rather begin discussions this year about potential
sites for this type of project. This will allow time for the Oak Ridge Townhomes to be
completed and occupied for almost a year. With this experience, the City will be in a
better position to consider additional site selection criteria in order to identify appropriate
sites for a project in future years. We then may consider allocating FY '97 funds toward
site acquisition.
At your workshop on Tuesday, staff is requesting direction from the Council regarding the
recommended Fiscal Year 1996 funding allocations. Your recommendations will be
incorporated in a resolution and placed on the February 6 City Council agenda for formal
action. In addition, staff requests City Council guidance on the potential for using CDBG
funds to acquire land for affordable family housing development in Fiscal Year 1997.
Senior Planner
LF
cccdbg.mem
Attachment 1
City of Eagan
Community Development Block Grant Program
Following is a summary of recent CDBG projects undertaken by the City and their
status:
Seniorfienigr Housing Project. Through a switch process permitted by Dakota County, the
City has been allowed to exchange CDBG funds for HOME funds. These funds,
unlike CDGB funds, are eligible for new construction. Thus far, we have allocated
approximately $250,000 of past CDBG allocations through HOME switch to the next
phase of senior housing at Oak Woods of Eagan. The next phase is likely to occur
within the next three to five years as funding and the County's capacity to manage the
project is available. Last year, the City switched $100,000 of CDBG funds to HOME
funds and the HRA would allow the same level of switch again this year.
12own Payment Assistance Program. Last year, the City allocated $96,728 to a
downpayment assistance program which was to provide downpayment assistance to
families seeking first time homebuyer mortgages through the HRA program. The City
and County HRA staff are also working to extend the program to others who may not
be eligible for the First Time Homebuyer program. Unfortunately, the County
mortgage program ran out of money before it could be recapitalized so the program
has not really been initiated yet. It is anticipated that the HRA will be able to facilitate
this program during 1996.
Vll Uott Jr Program. In 1995, the Parks and Recreation Department began a Junior
Program to serve the Wescott Townhomes neighborhood using $5,000 CDBG funding.
Approximately 100 hours of organized and supervised activity, five field trips, and a
summer basketball league were conducted as a part of the new Junior Program at
Wescott. The grant reporting is complete and the City has been reimbursed for this
program.
CI d.2 Housing Plan. In 1994, the City set aside $20,000 of CDBG funds for the
development of a housing plan. Background data collection, land inventories, and a
windshield conditions survey have been completed by the Community Development
Department. Approximately $10,000 has been expended for interns salaries to
complete these tasks. The funds can be used to complete the requirements of the
Livable Communities program and it is our recommendation that the remainder of
these funds be used for this purpose. If the City desires to use these funds in a
different manner, an amendment would be necessary. An amendment to reprogram
this money could be included in this application cycle.
57
CITY OF EAGAN
CDBG PICOGRAM STATUS
1124196
Mecott Square _Management AssessM2nt IMprovement Plan. The County HRA
and Community Development Department staff met several times during the first and
second quarters of 1995 to determine the focus of this project. A meeting with
property owners was also conducted. It appears that while property ownership is still
splintered, there are now only two management companies that are involved with
approximately 85-90% of the units. The main focus of these management companies
is on rehabilitation and that is outside the scope of this planning study. During this
application cycle, we would recommend that the City consider reprogramming this
$10,000 to some other activity or project.
Wescott Square Street Reconstruction. The reconstruction project was completed
last summer and staff is completing the required documentation in order to get the
reimbursement from the HRA. $30,000 of CDBG funds was allocated to cover the
Attachment II
City of Eagan
Review of FY 1996 CDBG Project Ideas
The following is a list of the various funding ideas that were considered by staff and
reviewed by the Department Heads in considering the recommended projects for the
1996 Fiscal Year funding cycle of the Community Development Block Grant Program.
1. Senior Housing Project. In the past, this has been a high priority of the City
Council. For the past several years, the City has been able to reallocate CDBG
funds to HOME funds. The primary difference between the two funds is that
HOME funds are eligible for new construction. In 1993, $150,000 was
reallocated to HOME funds and in 1994 $100,000 was reallocated. The
County has indicated that it will be possible to switch another $100,000 of
CDBG funds in 1996.
The more equity that can be built up for this project will result in more affordable
rents and enable construction to begin sooner. In the first phase, the City
contributed $1,000,000 with the County HRA contributing an additional
$1,000,000. With this significant cash outlay, rents for the project were kept
below $300.
2. Parks and Recreation Programs. CDBG funds can be used for funding
community service activities similar to the City's Youth -at -Risk Program.
Programs must be new to the City or an enhancement of an existing program.
The Wescott Junior Program was funded at $5,000 during 1995. The funds
were used for a variety of activities throughout the year. Parks Department staff
would like to use $5,000 of CDBG funds to continue this program in 1996.
This year, the Parks Department is inquiring as to whether or not two additional
neighborhoods can qualify (Quarry Park and Cinnamon Ridge neighborhoods).
The Dakota County HRA has reviewed Section 8 certificates in those areas as
a way to determine whether or not those neighborhoods will qualify for funding
and it is necessary to conduct a survey of the neighborhood to determine if the
51 % of 80% of median income requirement can be met. To expand this
program to these neighborhoods, Parks Department staff estimates that $7,000
is necessary. If expansion of the Junior Program was a part of Eagan's CDBG
application, it would be advisable to provide for an alternative project if the
neighborhoods cannot meet the income requirements.
Two other items were identified by Parks and Recreation staff: 1) payment of
rent or acquisition of the townhouse unit used for the Wescott Community
Center; and 2) the purchase, or lease, of a van for use for these programs.
Both of these activities are eligible for CDBG funding, but HRA staff indicated
that HUD would require a new survey of the area to make sure that the
neighborhood still meets the low/moderate income requirements.
CDBG Project Ideas
1125196
Page 2
3. ADA improvements. ADA improvements for public facilities are automatically
eligible for CDBG funds; however, contracts must meet Davis -Bacon standards
and be contractually separated out from other improvements being performed
on the public facility that are not ADA related.
The following list of potential ADA projects has been prepared .by the Parks
Department:
Sidewalks at the Quarry, Goat Hill, and Trapp Farm shelters need to be
widened to accommodate wheelchair accessibility to restrooms at an
estimated cost of $2,000 - $3,000 for each facility. Each building
receives $20,000 $30,000 facility uses annually as the restrooms are
open for the convenience of casual and programmed park users.
Retrofit playgrounds to ADA standards at an estimated cost of $10,000
per playground in 1997 and clarify whether the neighborhood must be
low/moderate income eligible or whether ADA compliance rules for
retrofitting old facilities apply.
Carnelian Park shelter - repair vestibule, estimated at $1,250 utilizing City
forces, to accommodate accessibility. The recommendation is to rebuild
the vestibule foundation. This shelter receives limited use.
Elevator for the Civic Arena - estimated cost is $30,000 - $35,000..
Installation of the elevator would make the arena totally accessible.
4. Future Family HousingPrgjgcts. CDBG funds can be used for site
acquisition for the development of a family housing project. HRA staff has
indicated that they would like Eagan to build a fund for a future family housing
project. To date, no other project has been proposed, or scheduled; however,
the City of Eagan will be participating in the cluster action plan coordinated by
the HRA for the Livable Communities program. As a part of that action plan,
the City may provide an opportunity for the County to undertake another
project in the City.
5. Businesa Retention Program. Last year, the Dakota County EDP discussed
with all communities the potential of setting up a Countywide revolving loan
fund to help finance business expansion. Eagan, along with several other
communities, chose not to participate and now the partnership is looking to set
up a revolving loan fund through other mechanisms. The City, however, could
still consider setting up a revolving loan program similar to the one proposed by
Dakota County. Apple Valley and Burnsville have utilized CDBG funds for
this type of program, but these loans have not been sought by the business
community. Apparently the reporting requirements to document the
low/moderate benefit, which are particularly problematic for small businesses,
have been a major determent to part
9M
CDBG Project Ideas
1/25/96
Page 3
6. General Park Improvements. In 1992, the City used CDBG funds for Wescott
Hills Park improvements. Usually it is difficult to demonstrate to HUD that the
park improvements are solely for the benefit of low/moderate individuals. In the
case of Wescott Hills Park, it is very isolated and serves a very limited
community, meeting the CDBG eligibility requirements. At this point, no such
projects have been identified.
7. Infrastructure Rehabilitation. Street, sewer, and storm water improvements
can be financed by CDBG funds in census tracts that are eligible for CDBG
funds. This is a very limited area within Eagan and at this point, no such
projects have been identified.
Another method to assist low/moderate households with infrastructure
improvements permitted within CDBG guidelines is assessment abatement for
low income homeowners. The City could specify a targeted area that would be
eligible for assessment abatement. The only drawback to this program is that
the City must pay 100% of the assessments for all homeowners below 50% of
the median income within the targeted area. Therefore, before setting up a
program of this nature, it is necessary to have a reliable estimate of eligible
property owners in order to dedicate adequate CDBG funds, or the difference
will have to come out of the City's general fund. We may want to consider such
a program for those areas where street reconstruction programs are occurring.
8.Single Family Housing Rehabilitation. The County HRA has a Housing
Rehabilitation Loan Program consisting of low interest or no interest loans for
low and moderate income homeowners. Qualifications are based on a
homeowner's income level. The County funds this program and cities are able
to contribute CDBG funds. There is presently a waiting list in Eagan. Because
this type of loan program is revolving, the funds will come back to the HRA and
can be redistributed again to other Eagan residents. If CDBG is eliminated in
the future, this program can continued to be recapitalized through the payoff of
loans originated from the initial grant money.
9. Rental Housing Rehabilitation. Another potential use would be to set up a
rental housing rehabilitation program targeted at existing rental housing that
benefits low/moderate income families. The rehabilitation programs undertaken
should be comprehensive and not done in piecemeal fashion. Generally, this
type of program can be applied to substantial improvements such as window
and roof replacement. Because of the documentation requirements, rental
rehab programs have a high administration cost.
63
CDBG Project Ideas
1126196
Page 4
10. AIDS Hospice - Peace House, Peace House is a newly -incorporated
organization in the process of obtaining non-profit status for the purpose of
providing housing for Dakota County residents with AIDS. People with AIDS
are considered handicapped; and therefore, this project is eligible for CDBG
funding. Frances and Barbara Shaw, project advocates, are proposing to locate
the house in either West St. Paul or Inver Grove Heights due to proximity of
those locations to primary medical care facilities,
The Peace House organization is requesting that the City support their project
by allocating a portion of City's CDBG allocation towards this hospice project.
They have made similar requests of all other Dakota County communities. The
amount of funds reauested from Eaaan is $30.000: Burnsville. Apple Valley,
this hospice
JAN -12-96 FRI 11:55 DAKOTA COUNTY HRA FAX NO. 6124238160 P.02
DAKOTA COUNTY
January 12,1996
Housing & Rcdevelcpment Aurhoriry 612,423.48M
24W -145th St. VV. • Rwcsn—nr, NN 5506b • T.D.D. 6I2423.8182 • FAX 012.423.81 MC.
Peggy Reichert, Community Devolopment Director
City ofEagan
3830 Pdot Knob Road
Eagan UN 55122
Re: 1996 CDBG Funding
Dear M. Reichert:
Thank you for the opportunity to comment on the use of Community Development Block Chant
funds by the City of Eagan. The HRA has enjoyed working with the City of Eagan over the past
twelve years in administering this important program.
It is my utXdorstanding that the City of Eagan is again interested in exchanging some of their
CDBG fiords for HOME funds. This would enable the City of Eagan to continue to contribute
funding for an additional senior citizens apartment development to be located adjacent to the Oak
Woods of Eagan senior apartment development. Based on available funding, we have the ability
to exchange up to $100,000 in the current grant period. This will supplement the previous
contributions made in past years. The BRA is in the proem of aaalyzWg the total amount of
additional funding needed to proceed with this development. We will report to you on our
findings once this study is complete.
Given that the City of Eagan is participating in the Metropolitan Livable Communities Act, we
would like to make the following suggestions on CDBG funded programs that will assist us in
meeting the goals of the "cluster" action plan:
1) Land acquisition funds for additional affordable housing for working families. This
would provide vs with funding to assist with purchasing land for a development similar to
the Oak Ridge Townhomes which is currently under construction. This would be helpful
in meedtrg the Livable Communities Act goal of providing more affordable rental
housing in the city. Ibis funding leveraged with other dollars could provide housing for
30-40 households.
2) Bousing Rehabilitation for Homoownere. This would provide funding to rehabilitate
adsfing housing owned by low and moderate homeowners in the city. These funds
would be provided in the form of low interest loans. The loan repayments would be used
m assist fat= Eagan homeowners. We would estimate that a $125,000 would provide
sufficient funds to assist about ten households with this need. The HRA
'AN EQUAL OPPORTUNITY EMPLOYER"
JAN -12-86 FR1 11:55 DAKOTA COUNTY NRA FAX NO. 6124238180
-2-
P. 03
oM=dy has eight F,sgstt hameowncrs on our rehab waiting 11M This activity would
help meet Bagan's Livable Communities Act goal Of maintaining and improving the stock
Of existing housing.
3) ProPaty Acquisition. This would involve CDBG funding to acquire a lot or as older
home for a Habitat for Humanity Project. If an aPpmPrine home or lot could be found,
this activity would UMIve providing an affordable homeownership opportunity for a
very low income family. Hames could also be =pdred and rdiab litsted for scattered
site homes to be added to the Dakota County HRA inventory.
The propose of these activities woWd be to improve, through rehabUitedon, ea CXWI g
property or construction of a new heme on a vacant lot. It would also help to ensure that
ft Property's affordable to modest income residents. The number of households served
in tins activity could vary considerably. Given the high cost of kuts and homes in the city,
the funds would probably be sufficient to acquire only two or three units.
The property acquisition activity could also involve acquisition of a small apartment or
townhome development. Additional resources would be necessary to undertake
a+cgtushion/mbabilitaton of a multiple dwelling unit
1 would like to again thank the city for the opportunity to comment on the 1996 use of CDBG
ids- l have listed the above projects in priority order based on the concept ofproviding the
highest priority to those activities that benefit the largest number of households. I believe all of
hue above activities would also meet the city's AL.HOA, funding contribution in the Metropolitan
Livable Communities Act for 1996. Please call me if I can be of any assiscanee with this
matter.
Sincerely,.
Ak� *--.
Mark S. LIS=
Executive Director
�C' ' 9KC rrse, tc .
2050 DAZawaze Ave.
West sc. Paul, M 55118
612-457-4527
10th November, 1995
Lisa Friese
Community Development
City of Eagan
3501 Coachman Point
Eagan, MN 55122
Dear Lisa,
Thank you so much for the opportunity to meet with you on October 19th,
and for showing such support for Peace House. We enclose some further
information, and we continue to ask your support by applying on our behalf for
Community Development Block Grant Funds from the City of Eagan, as part of a
community response to the growing number of people with HIV and AIDS.
We are therefore requesting a grant of $30,000 to help make Peace House a
reality, and we ask that you petition the Council in support of Peace House for
the above sum.
Please let us know of any meetings we should attend, or if there is any other
information you require.
Thank you once again for your support and encouragement.
Barbara and Francis Shaw
Co -Founders of Peace House
a 7 out 3 Americans has had a close friend or relative die of AIDS... "
The National Association of People with AIDS
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-1 -
PEACE HOUSE
Peace House is a newly incorporated organization in the
process of obtaining non-profit status for the purpose of
providing housing for people with AIDS, under the Adult
Foster Care model.
The vision for Peace House was born through the personal
experiences of Barbara and Francis Shaw. From their work
with the dying, the poor, and those affected directly with
HIV/AIDS, an awareness of a growing need to provide a
supportive, caring environment for those living with AIDS
began to take root.
As AIDS touches more lives we are faced with an increasing
population of young adults who are unable to support
themselves in their present housing conditions. They may
lose their homes for reasons related to their illness, a
lack of financial resources, family pressure and rejection,
prejudice, or they may be alone and so lack a support
network which enables them to remain at home. This in turn
may be due to partners or spouses living with a disability,
or who may also be living with AIDS.
The option of limited, expensive, institutional care leads
many to homelessness and rejection, as society struggles to
come to terms with the virus and the prejudices which
surround those infected with it. Consequently, the primary
mission of Peace House is to provide a safe, supportive,
peaceful, non -institutionalized environment for women and
men living with AIDS, who do not want or need institutional
care, but who do require daily supervision and assistance
with daily living, and whose homes are no longer available
or are not appropriate for the care that is needed, or those
who are unable to wholly maintain themselves due to poor
health or lack of income.
Peace House is to be located in Dakota County on several
acres of land, where the residents and their families,
partners, and friends, can benefit from a peaceful
environment and the healing power of nature. The site
location will also provide easy access to the cities for
appointments and to encourage the personal independence of
our residents.
The design of the house will incorporate features such as
disability accessibility, large bedrooms allowing family
members to stay, and specially designed bathrooms, in a one
level family home, combining warm and light areas with
practical adaptations necessary for enhancing the quality of
the lives of our residents.
7/
-2- I
The priority populations will consist of Dakota County
residents, and then other residents of St. Paul and the
Metro area..
The philosophy of care at Peace House will be both
palliative and holistic, by promoting the physical,
emotional, spiritual, social, and cultural needs of each
resident. We are companions on the journey, and as such we
will treat each individual with respect, by being
compassionate, accepting, and by giving dignity and control
to each resident, planning with each a program of
self-directed care and support.
A further philosophy of Peace House has been its desire as a
grass roots organization to journey with, and learn from
other groups working in the AIDS arena. Collaboration is an
important part of our development, to increase unity, cut
costs, and refrain from duplicating services. Consequently
we are members of and support the Coalition for Housing for
People with HIV, and the Coalition for Adult Foster Care for
People with AIDS. We are actively working with the other
Adult Foster Care facilities to centralize certain
functions, such as hiring one volunteer coordinator for all
the houses. We have also been in contact with numerous
AIDS/HIV groups across the United States, and in England
where Hospice care originated.
We have begun to reach out to the local community by
encouraging their ongoing support, and by developing a
volunteer network to be in place when Peace House opens.
Such involvement would include befriending, helping with
everyday household tasks, fund raising, and through the
offerings of individual gifts and talents. We are
supportive of alternative therapies as requested by the
resident, and a support structure for partners, families,
and friends, to include bereavement counselling.
It is our intention that Peace mouse touch the wider
community by encouraging education, in churches, businesses,
and schools, in an effort to combat the stigmas and
prejudices attached to those living with HIV and AIDS.
As a non-profit organization Peace House will be supported
by government reimbursements, personal donations,
fundraising activities, foundations, by building upon the
enthusiasm we have already received from professionals and
families affected by AIDS in the Twin Cities.
Use of Funds/Goals and Ojectives
Peace House began its development by initiating a planning
process which included identifying target groups, service
needs, type of setting, proximity to the population to be
served, and proximity to existing health care and AIDS
services. It soon became apparent that Dakota County lacked
services and housing for people with AIDS, and that the
feasibility for its development would be placed upon the
cost to open its doors, and a realistic workable operating
budget. In our discussions with Community Resource
Development and the Housing Redevelopment Agency of Dakota
County our project plan was ratified with strong support and
our financial goals were thought to be both reasonable and
attainable. We intend to be ready to build Peace House by
November 1996.
In our research both here in the Twin Cities and in San
Francisco, cost estimates for adapting existing houses to
suit the level and type of care required were no less
expensive than building a new property, and in some cases
renovation was more costly. Existing houses can require an
enormous amount of re -construction, e.g. most people living
with AIDS have at some time difficulty in walking or
climbing stairs, and so an elevator becomes a necessity.
The cost, as well as the upheaval this causes the residents
and staff is less desirable when other cost effective
options are available.
Your contribution towards the founding of Peace House would
enable us to move closer to attaining the $422,867 required
to bring the project into operation; to provide a modified
rambler which would include larger resident bedrooms, bigger
hallways, handicap accessible bathrooms, and small office
space, located on several acres.
Our process objectives begin with attaining the necessary
funding so that we can be assured that the funds are in
place to cover the entire project expenses. Peace House
will care for 4 residents ( the legal limit under Adult
Foster Care ), offering each the opportunity to live in a
peaceful, non -threatening atmosphere, where the emphasis of
care will be on living, healing, and growing, both for the
residents and their families, friends, and partners. We
intend to care for between 16-20 residents each year, also
providing support services to the resident's extended family
through our relationship with the group Faith Community
Cares, and by providing the opportunity for partners/family
to share a peaceful environment as an overnight guest with
the resident.
Our wider outcome objectives and goals include a belief that
Peace House, by its presence, can reach out to the wider
community, by helping to bring about change in attitudes
-4 -
towards violence, prejudices, and how people with AIDS are
alienated in our society. This we believe can only happen
by being examples of love and through education in our
churches, schools, and businesses.
Previous Experience
The co-founders of Peace House, Barbara and Francis Shaw,
share a strong commitment to making Peace House a living
reality. A commitment which developed over the last 6 years
from their personal experiences in journeying with and
providing direct care to those who have lived, and are
living with HIV/AIDS. This deepening awareness lead them to
the HealthEast Hospice program to continue their growth and
knowledge in caregiving, and to ensure their own physical,
emotional, and spiritual aptitudes in dealing with the sick
and dying. They have been active in Hospice work for the
last 2 1/2 years.
The Board of Directors bring a wealth of professional
experience in accountancy, fund raising, nursing, graphic
design, social work, and direct AIDS care. These skills are
enhanced by extensive volunteer experiences in AIDS
advocacy, the Archdiocesan AIDS Ministry, and by befriending
and journeying with those living with AIDS and their
families.
Heed for Project
There is currently no housing or any housing related
services for people with AIDS in Dakota County. The
volunteer group Faith Community Cares has served over 40
people with HIV/AIDS in the last 1 1/2 years by providing
transportation, support groups, and education to a growing
population in Dakota County.
Both Adult Foster Care and Adult Protection have been
supportive of Peace House as they also recognize the need
for this type of housing and care in Dakota County. Peace
House will bridge this gap by providing badly needed housing
for Dakota County residents, and by assisting to help
alleviate the growing housing needs for the metro area as a
whole.
2�
On March 29th, 1995, the HIV
Housing Working Summit sponsored
by the Department of Health and the
Coalition for Housing for Persons with
HIV - outlined a five year plan for
setting strategies to meet the
housing needs of the HIV/AIDS
population.
" Adult Foster Care was voted to
be the number one
Priority solution. if
2�
Peace House
Community Development Block Grants
In 1972, Dakota's Children Inc, a g►assroot, Non Profit coporation, opened Its first house in West
St. Paul providing community-based cane for people with development disabilities. Their first
house was the only home of its type and has since become a model for the State and Nation.
They now manage 21 homes in 5 Counties, including 4 Adult Foster Care Homes..
They recognized the need - They responded in love - They were pioneers in the
Community
About 20 years ago a group of women came together in response to domestic violence They
were told, "this is not in our community, "but it was. They educated, theyreached out, and now
there are places in Dakota County where the women in our community can be safe.
They recognized the need - They responded In love - They were pioneers In the
Community
Today, we face a new challenge, another calling, to reach out in compassion to our community
members who are living with HIV and AIDS. We too have been told that AIDS is not in Dakota
County, but it is.
We have recognized the need - Respond in love - Assist us In founding Peace House
The following cities have been supportive in the foundation of Peace House in Dakota County:
-1- City of Apple Valley, Richard Kelley, City Planner
-2- City of Burnsville, Barb Anderson, Planner
-3- City of Eagan, Lisa Friese
-4- City of Farmington, Gerald Henricks, HRA Executive Director
-5- City of Hastings, Dave Osberg, Administrator
City of Inver Grove Heights, Tom Link, Director of Development and Protective Services
City of Mendota Heights, Tom Lawell, Administrator
City of Rosemount, Tom Burt, City Administrator
City of South St. Paul, Branna Lindell, HRA Executive Director
Board Of Directors
loth Armstrong
Quality Assurance Specialist with First Bank Systems. AIDS
activist and volunteer for 4 years when living in Washington
D.C.
Adrianne Bloch
Social Worker at Ramsey Hospital AIDS clinic.
Arian Goodroad, A.N.M.s
Nurse Practitioner at Doctors Family Physicians Clinic.
Direct care of persons with HIV/AIDS since 1988.
David Grainger
Print production and Graphic Design. Strong interest in
providing caring, supportive, non-judgemental environment
for those living with HIV/AIDS.
Mick Jacobson
Administrative Project Manager, St. David's School for Child
Development and Family Services of Minnetonka. Board
member, Philanthrofund Foundation, serving the needs and
enhancing the lives of the Gay/Lesbian/Bisexual and allied
communities of the Upper Midwest.
gim Nulrooney
Communications Manager for Non -Profits Employers
Association. Board member, Visitation School; Board of
Directors of the American Lung Association, Hennepin County.
Mariann Reynolds
Founding member of Faith Community Cares of Dakota County,
providing support services to the HIV/AIDS community.
Mother of son who died from AIDS.
Dr Jay echwebke
Internal Medicine and Infectious Disease Specialist,
employed by Allina (Northfield River Valley Clinic) and the
St. Paul Ramsey Medical Center HIV Program.
garoi Roelier
Facilitator of HIV/AIDS support
providing housing and supportive
St. Paul Public Housing. Former
Project.
Barbara Up Shaw
group, Experience includes,
services for HealthEast and
Board member of Aliveness
Senior Network Analyst, First Bank Systems. Volunteer for 4
years with Archdiocesan AIDS Ministry. In-patient volunteer
with the dying for HealthEast Hospice. Active for 5 years
in the Befriender Ministry program providing one-on-one
support to individuals in need.
Zrazcis aohn_Shaw
Service Specialist for One Call Concepts. Volunteer for
persons living with HIV/AIDS. In-patient volunteer to the
dying for HealthEast Hospice. Extensive work with poverty
level and ethnic communities in North Minneapolis.
Jaaa Wahlatrom
10" Certified Public Account and Tax Officer, First Bank
Systems.
Dr Vance W_Rawl_ingss ,.C. (advisory Board member)
Doctor of Chiropractory
PEACE HOUSE PROJECTED FIRST YEAR OPERATING BUDGET
BASED ON INCOME AND EXPENSES OF HOPE HOUSE AND OTHER
ADULT POSTER CURE FACILITIES FOR PEOPLE WITH AIDS
DISBURSEMENTS
Salaries &,Withholding
Full -Time:
Executive Director $30,000
Care Director $23,000
Part -Time:
5 Staff 26hrs per wk x $7.50 per hr
$10,140 annually x 5
_ $50,700
Benefits
Food
utilities:
Total = $103,700.00
$10,000.00
$5,000.00
NSP
= $4,250.00
Garbage/Sewer
= $700.00
Cable TV
= $480.00
Water
= $240.00
Telephone
s $2,700.00
Contracted Services:
Copier
$480.00
Pager
= $200.00
Office Supplies
$1,200.00
Postage
= $1,500.00
Repairs/Maintenance
= $750.00
Household
= $1,500.00
Insurance:
General Liability
= $1,000.00
Property
= $2,500.00
Workmen's Compensation
= $3,300.00
Reserve
$2,400.00
Training
- $1,200.00
Legal
$0.00
Accounting
$3,000.00
Marketing
= $1,500.00
Fund Raising
= $1,500.00
Replacement Reserve
= $1,200.00
Taxes:Property
= $50.00
5 % Overhead = $7,517.50
TOTAL DISBURSEMENTS
_ $53,000.00
_ $50,700.00
_ $157,867.50
RECEIPTS
Individual
- $15,000.00
Memorial
$3,000.00
Fund Raising
= $17,000.00
Churches
= $10,000.00
Organizations
$50000.00
Foundations
= $60,000.00
Resident Reimbursements
- $47,000.00
Interest and Other
= $1,000.00
TOTAL RECEIPTS
= $1588000.00
PEACE SOUSE PROJECTED START -IIP COSTS
Land Acquisition
= $65,000.00
House Construction
= $180,000.00
First Year Operating Budget
= $110,867.00
Less Resident Reimbursement
Of $47,000.00
Furnishings/Equipment
= $8,0000.00
Soft Costs
= $20,000.00
Cash Flow Reserve
- $25,000.00
Administration Expenses
= $14,000.00
Total Project Expenses
= $422,867.00
IN -MND CONTRIBUTIONS RECEIVED
1. IBM 386 PC
2. Ssrlett Packard LaserJet
3. Legal Services to prepare documents for application for
Won Profit Status
4. Cash donations
yte of M inneso
,,S t'7
SECRETARY OF STATE
CERTIFICATE OF INCORPORATION
I, Joan Anderson Growe, Secretary of State of
Minnesota, do certify that: Articles of Incorporation,
duly signed and acknowledged under oath, have been filed on
this date in the Office of the Secretary of State, for the
incorporation of the following corporation, under and in
accordance with the provisions of the chapter of Minnesota
Statutes listed below.
This corporation is now legally organized under the
laws of Minnesota.
Corporate Name: Peace House, Inc.
Corporate Charter Number: 1M-666
Chapter Formed Under: 317A
This certificate has been issued on 08/01/1995.
Secretary of State.
`f
Peace House Timeline
TASK
Needs Assessment
Contact HN/AIDS Groups
Contact Adult Foster Care
Homes for people with AIDS
Establish Board
Establish Goals and Objectives
Collaboration with other Agencies
File Articles of Incorporation
File By Laws
Obtain Fiscal Agent
Non Profit Status
Identify Funding Sources
Community Outreach
Contact Cities for CDBG Funding
Contact Foundations/State
and Federal Funding Sources
Develop Grant Proposals
Site control
Adult Foster Care Licensing
Building Completion
Peace House Open
START
CMPLT
DATE
DATE
10/94
07/95
12/94
02/95
01/95
02/95
01/95
06/95
06/95
07/95
04/95
09/95
06/95
07/95
07/95
08/95
08/95
10/95
10/95
03/96
12/94
02/95
05/95
On Going
08/95
10/95
07/95
12/95
08/95
01/96
09/95
03/96
07/96
10/96
11/96
12196
12/96
�C �C DAKOTA'S CHILDREN
INC. •
September 29, 1995
Barbara & Francis Shaw
Peace House Inc.
2050 Delaware Ave.
West St. Paul MN 55118
Dear Barbara & Francis,
I was delighted to meet you and learn more of your mission with Peace House.
We are delighted to have the opportunity to serve as fiscal agent for you until
confirmation of your 501(c)(3) status is received.
As you requested, I am enclosing a copy- of our mission and values statement
and information about services provided by Dakota's Children Inc. Our
mission is consistent with your efforts through Peace House and therefore
allows us to serve as your fiscal agent. I would be pleased to meet with your
Board of Directors should you desire more information.
I am also enclosing a Memorandum of Understanding of our mutual
responsibilities as we agreed to when we met. If you find this memorandum
consistent with our conversation, please sign both copies and return one to me.
We look for -ward to being "actively" involved as you successfully continue to
establish Peace House.
Sincerely,
Kathleen LeMay
President/CEO
KL/Ig
Enclosures
60 East Marie Avenue ■ West St. Paul, Minnesota 551 18 * (G 12) 450-7009
Dakota County Community Services
33 East Wentworth Avenue
West St. Paul, MN 55118
450-2838
FAX 450-2948
To Whom It May Concern;
Dakota County Social Services supports the efforts of Peace House to
develop and operate a specialized foster home for persons with HIV/AIDS.
There is a need in Dakota County for such a facility, as there .are currently no
residential resources available in the county specifically for persons with
HIV/ANDS.
We look forward to working with Peace House in their efforts.
Sincerely,
i Sandberg �-
munity Services Developer
Faith
unity
Cares
An interdenominational HIV/AIDS Ministry in the Minnesota Valley
Faith Covenant Church, 12921 Nicolle; Avenue. Burnsville, .Minnesota
To Whom It May Concern:
The team from FAITH COMMUNITY CARES, an HIV/AIDS
Ministry, serving the Minnesota River Valley, are writing
this letter in support of the Shaws goal to open a hospice
in Dakota County.
F.C.C. provides services such as meals and transporta-
tion, education to the community and support group two
Thursdays a month. We average 14 people a meeting and
have served over 30 in the 1" years we've been here.
The need for home care is definitely here and we fully
support this effort.
Thank you for your consideration.
Sincerely,
F.C.C. COORDINATOR
4A So. St. PaUUlnver Grove Heights, West St. Paul/Mendota Heights Sun• Current/Wednesday. July 26, t 995
our vieiWoint
AIDS Peace House is
idea worth applauding
The scourge of AIDS, much like the weather, garners an
avalanche of talk that puts nary a speed bump in its path.
The disease has spread into the heterosexual population
and despite billions of dollars spent to develop a vaccine, its
spread remains unchecked. It's also a divisive topic, many
would argue a moral issue comparable in scale to abortion.
Proponents of scaling back government funding for re-
search argue that since the disease is preventable through
behavioral modification (protected sex, abstinence, monog-
amous relationships), most AIDS patients — save rape vic-
tims or babies born with the disease, brought it on them-
selves and shouldn't expect salvation from taxpayers.
U.S. House Speaker Newt Gingrich is leading the conser-
vative brigade's saber -rattling against government -funded
research. His opponents point out that Gingrich has the for-
midable backing of the tobacco industry, which health ex-
perts note costs the country billions annually in medical
costs, lower productivity at work and thousands of deaths.
Amid the hubris of this debate comes a West St. Paul
couple who hope to establish a hospice for HIV positive and
AIDS victims. Francis and Barbara Shaw hope that
through private contributions they can provide a Peace
House in Dakota County, preferably near Burnsville, so
those who can no longer care for themselves have a place to
live. The home would house up to the legal -maximum of
four patients at a time at no cost to taxpayers.
The Peace House is a long way from reality. It must be
approved by the county, assuming land and money to build
it become available. Opposition is bound to come from those
who don't want the house near them — because they fear
its proximity would pose a health threat or because they feel
AIDS victims deserve their fate.
No one can deny that the risk of contracting AIDS is slight,
minus promiscuity or sharing an intravenous -injection nee-
dle. Most of the hysteria of passing the disease through toi-
let
otlet seats or water fountains has been medically invalidated.
But the reality is that if society is going to start pointing
fingers at AIDS victims and deem them unworthy of sympa-
thy
ympathy or help because they brought it onto themselves, it better
ready its other hand to aim at smokers, drinkers and choles-
terol abusers. They, too, choose to indulge in those behaviors.
Whatever your personal perspective is on AIDS, rather
than make a moral judgment, it is time to accept the fact
that it's here — with no end in sight. If someone wants to
take the time 'and trouble to make its victims' lives a little
easier, the least we can do is applaud them for caring.
DATE:
MEMO
city of eagan
TOM HEDGES, CITY ADMINISTRATOR
PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT
JANUARY 24, 1996
on SUBJECT: COMMUNITY DEVELOPMENT UPDATE
This memorandum is intended to provide the City Council with a brief update on a variety
of projects and issues in the works in the Community Development Department. Those
items needing Council discussion and/or direction are marked by an asterisk (*).
Leo Murphy desires to separate off a 5+ acre parcel from his property to convey to
his son, Kevin. Mr. Murphy has contacted the City Administrator and asked how he
can accomplish this simple parcel separation. Staff has explained the process and
requirements for a Waiver of Subdivision to Kevin Murphy, but Leo Murphy apparently
thinks this is fairly elaborate and expensive. The Murphys have a proper survey and
legal description which is the primary requirement for the waiver application. The
question is whether the City Council wants to waive the $300 application fee. In
addition, should the City provide the list of property owners to be notified?
OWN", , --=u-ili• - • u
At the advice of the City Attorney's Office, the City Council passed a moratorium on
the establishment of adult entertainment uses throughout the City and directed staff
to amend the Zoning Ordinance to address regulating these activities. The
moratorium established on April 4, 1995 and expires on April 18, 1996. Due to the
very busy work load this past year, and coupled with staff transitions, this ordinance
amendment has not been developed. When we do begin to address this issue with
the APC, we anticipate it will become a big issue in both our neighborhoods and
business areas. The Council has two choices: 1) the moratorium can simply expire
and the City can take its chances that no adult entertainment use will seek to locate
in the City during the next 6-12 months; or 2) extend the moratorium. Staff has been
mi
contacted by only one individual desiring to open an adult use in recent months
during the current moratorium. This involved a proposed adult book and apparel
store in Blackhawk Plaza. Planning and legal staff would prefer the latter option and
would suggest that we amend the current moratorium to expire on October 18, 1997.
If the ordinance is amended sooner, the moratorium can be lifted. If the Council
concurs, this moratorium extension will be placed on the APC agenda for public
hearing in February and Council action in March.
Staff is researching election sign regulations. This issue is scheduled for APC
discussion of alternatives at its February 8 meeting. Based on their discussion, an
ordinance will be drafted for public hearing before the APC on March 26 with
recommendation to the City Council for consideration in April. Previous practice has
been to post campaign signs as early as May so any code amendments should be
adopted by then.
The second neighborhood information meeting to discuss the land use plan
designation and zoning options for this property will be conducted on Tuesday,
January 30, at City Hall (concurrently with the City Council work shop). A new land
use designation, Business Park, and a corollary new zoning district is being
contemplated as part of this plan amendment. The Business Park district would
permit various Light Industrial (1-1) uses, but no trucking or outdoor storage. The
Comprehensive Plan Amendment, related Zoning Ordinance, and map amendments
will be considered by the APC at its public hearing on February 27 along with the
John Allen Preliminary P.D. and subdivision. These items are scheduled for City
Council action on March 7.
As a result of our efforts to help Dart Transit find suitable replacement properties for
the NWML site, staff has been evaluating the legal feasibility of creating a TIF district
along the Highway 55/149 corridor. We are examining whether the area meets the
legal tests for improved land and substandard buildings required for a Redevelopment
District TIF. Dart no longer seems to have such an urgent interest in seeing a TIF
district established, but the City may still want to consider the possibility for several
reasons.
First, there is considerable interest in development and redevelopment along this
corridor as evidenced by some of the inquiries and discussions we have had with
various companies and real estate agents. So there may be some incremental value
available to capture in this area beginning in the next few years.
Second, there are some clear land use conflicts in the area that may not be readily
corrected by the private market without some additional assistance. There are five
or six homes on Lone Oak Road just west of Highway 55. The County's current
plans for the Lone Oak upgrade avoid taking these homes so they could remain for
a long time. There is a lot of interest in developing the 26 -acre parcel just north of
these homes. It would be preferable to have these residential lots redeveloped as
part of the overall development of the larger parcel. Whether this will happen simply
through private action is questionable. There are also the five homes in the Kollofski
Addition east of Highway 55 behind the Airliner and Spruce motels. This residential
use may not be the best use of the property in the long run and some of the
residents have expressed a willingness to sell - at the right price. Jim Imre has
purchased the other vacant lots in the addition and indicated he wants to build an
office building overlooking the pond. The owner of the motels has been told that
these need to be removed in the near future. If the Council wants to preserve the
option of including these properties in a TIF district, a resolution of intent can be
adopted at the time demolition is ordered. This does not commit the City to
establishing a TIF, but keeps these properties eligible for retroactive inclusion for the
next three years. It looks like including these properties in the overall district will be
critical to meeting the eligibility test.
There are also a few homes on Blue Gentian Road. It may be possible to segment
this residential enclave from nearby industrial development on an interim basis, but
as the surrounding area develops, these homes are going to be in an awkward
position.
Another related activity in this area is the upcoming transportation analysis of the
Highway 551149 Corridor to be undertaken jointly by Eagan, IGH, MnDOT and
Dakota County. This study originally was to focus on the Yankee Doodle Road
extension through IGH and alternatives thereto (e.g, routing Yankee Doodle Road up
Hwy. 149 and around to Hwy. 55).
We met with MnDOT last week and it was agreed that we should also look at the
long-range vision for Hwy. 55 from 1-494 to Hwy. 149. We need to have some plan
for managing access along this stretch as we consider various development and
redevelopment proposals in the near future.
We gave the EDC an initial briefing on all these related studies at their January 25
meeting. The EDC examined this area last summer and fall and several members
felt strongly that the City should be more proactive in the redevelopment of this
corridor. The EDC is tentatively scheduled to discuss the TIF options further at their
February 22 meeting and may want to forward comments or recommendations to the
City Council after further discussion.
The EDC has been examining the recent decision of the City Council to provide a
loan guaranty to Register Resale. The EDC expects that in the future all such
business financial assistance requests will be reviewed by them prior to Council
consideration. in anticipation of this, the EDC is discussing what kind of review
criteria should be established. Gary Morgan has been taking the lead on this and is
drafting criteria for review by the Commission. Our new member, Julie Stackhouse;
has offered to work with Gary on refining his draft. When the EDC completes its
work, it will forward its recommendation to the Council for consideration.
Rottlund decided to proceed with its request for a Comprehensive Plan Amendment
rom D -II to Roadside Business (RB) at the comer of Diffley Road and 1-35E. Their
development concept includes: two fast-food restaurants; sit-down restaurant; motel;
and a convenience gas station - on eight acres. A neighborhood information meeting
was conducted on Thursday, January 18 (the night of the "blizzard"). Three people
attended: representatives of Wexford; Wensmann townhomes; and Blackhawk Plaza.
The APC public hearing was January 23; the Commission recommended denial on
a 5/2 vote. Council consideration is scheduled for February 6.
T.C. Poultry located in Cedarvale is a legal non -conforming use (industrial use in a
CSC district) and wants to construct an addition. The Zoning Ordinance does not
permit expansion of a non -conforming use. T.C. Poultry met with the APC at its last
workshop to discuss the best way to seek a possible exception to this rule. After
much discussion, the APC advised T.C. Poultry to seek rezoning to a Planned
Development, thus making their use and expansion conforming. The APC thought
this would insure that a public hearing was held to secure neighborhood input and
specific conditions of approval could be considered. The APC did not support the
option of amending the non -conforming use provision of the code to permit
exceptions, or expansions, of x percent. The APC also did not promise that the
proposed P.D. rezoning would necessarily be looked upon favorably by the APC, but
rather indicated that they would review the specifics and consider the public
testimony. The APC seems to be trying to consider whether the Cedarvale area is
destined to remain a fairly mixed use area where a wide assortment of activities will
need to co -exist, or an area that needs to have its destiny defined now, and
supported by more rigorous zoning.
T.C. Poultry appeared more interested in seeking P.D. zoning that Industrial zoning
and also understood that the code amendment process could become more time
consuming and complicated because of its citywide implications. Staff has not yet
heard from T.C. Poultry as to how it wants to proceed, but we assume that we will
be seeing a P.D. application in the near future so this will come before the City
Council in the next few months.
� , 1774-90=0 - - - _"MI
At the open house, we received quite a few positive comments regarding the
streetscape concept on Yankee Doodle Road, but the enthusiasm seems to come
more from the general public and nearby residents than the directly -affected property
owners. Businesses along Yankee Doodle Road are concerned that the trees will
block their signs or buildings. We are going to need to spend more time with each
individual property owner working out the details of concept implementation on a
parcel -by -parcel basis. We anticipate carrying out the actual landscaping and
monumentation construction as a separate project from the roadway construction.
Actual implementation will likely not occur until the spring of 1997. This will give us
time during the rest of this year to work out the details with everyone. Opus seems
to have accepted the fact that we plan to plant trees. We may need to do a little
persuading with some of the other property ners across the street.
4 V
The EDC and APC plan to set up a joint subcommittee to discuss their respective
roles, responsibilities, and relationships. Much of the APC's planning efforts are
clearly related to and impact the economic development of the City. One question
to be examined is "How should the EDC provide input to the APC on Comprehensive
Plan Amendments and Code Amendments?" The current structure and meeting
dates, as well as time allotment of the two groups, do not always afford timely review
opportunities. One option that the group may discuss is whether, given the apparent
overlapping interests and focus of the two commissions, they should be merged into
one single commission. Another fact that will be examined is the potential role and
responsibility of the "new" Eagan Chamber of Commerce and how it may relate to
City government.
This examination and discussion will ,likely extend over several months and the two
commissions will want to discuss their ideas and observations with the City Council
at some point.
Attached is a memo from Doug Reid, Chief Building Official, summarizing the status
and content of our proposed new septic system ordinance.
Director of Community Development
PARls
attach.
update.peg
5 7/
A&L
07"',
— city of eagan
TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: DOUG REID, CHIEF BUILDING OFFICIAL
DATE: JANUARY 22, 1996
SUBJECT: AMENDING CITY CODE CHAPTER 4, SECTION 4.11
ON-SITE INDIVIDUAL SEWAGE TREATMENT SYSTEMS (ISTS)
MEMO
Representatives from the Cities of Eagan, Inver Grove Heights, Rosemount, Farmington,
Burnsville, Apple Valley, Mendota Heights, and the Dakota County Environmental
Management Department have met several times to discuss and review the Met Council's
mandatory inspection/pumping policy to be implemented in 1996. We then met with
representatives of the Met Council to discuss our findings and to ensure that they were
in accordance with Met Council requirements.
All cities and Met Council representatives concede that the most efficient and practical
way to design, manage, implement, and maintain a policy/ordinance is through adoption
of one procedure to be followed by all government agencies in Dakota County. A
minimum amount of staff time would then be spent and the transition for residents,
businesses, contractors and staff would be easier and smoother.
The On -Site Septic System Ordinance for the City of Eagan has been written under the
guidelines that each individual sewage treatment system (ISTS) would be inspected to
insure that it has not failed and is not leaking on the ground surface. Sludge in the
septic tank will be measured and pumped as required by a certified pumper, or private
inspector, and documentation will be provided to Dakota County or the City of Eagan
within 30 days.
It will be a requirement that each City will notify owners of individual sewage treatment
systems to have their system inspected and/or pumped by a certified pumper, or private
inspector, every two years. Any failed systems will need to be repaired and brought up
to current standards. If a failed system is identified and municipal sewer is available, the
owner will be required to hook up to City sewer at that time. Under certain
circumstances, if requested by an owner, It will be the City Council's discretion to allow
a failed system to be used up to one year from time of failure. It is a requirement of the
Metropolitan Council that property owners connect to a public sewer system within 24
months of availability.
A draft copy of the proposed on-site septic system ordinance is being forwarded to the
Met Council for approval. It is our intent that the City of Eagan adopt the ordinance as
presented and to notify all owners of ISTS systems of the requirement for inspecting
and/or pumping systems by an approved inspector every two years. In tum, an activity
report will be sent to Dakota County by the inspector, This report will be made available
to the City for a $1.00 transfer fee for each address.
If you have any further questions or desire more information, please let me know.
L r J
Chief Bui ng Official
DR/1s
amending.on
q 3
DRRFT
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMEN'D.ING EAGAN
CITY CODE CHAPTER FOUR ENTITLED' "CONSTRUCTION LICENSING
INCLUDING SIGNS, EXCAVATION AND MOBILE HOME PARKS" BY AMENDING
SECTION 4.11 REGARDING ON-SITE INDIVIDUAL SEWAGE TREATMENT
SYSTEMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER .1
AND SECTION 4.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 4 is hereby amended by adding Section 4.11, to read as
follows:
Sec. 4.11. Design, Installation and Maintenance of On -Site Individual Sewage
Treatment Systems.
Subd. 1. Definitions. The following terms in this Section shall have the
following meanings:
A. "Aerobic Tank." shall mean any sewage tank which utilizes the
principle of oxidation in the decomposition of sewage by the introduction of air into
the sewage.
B. "Baffle" shall mean a device installed in a septic tank for proper
operation of the tank and to provide maximum retention of solids, and includes vented
sanitary tees and submerged pipes in addition to those devices that are normally called
baffles.
C. "Commercial and Industrial" shall mean any use of a building or
property other than a single family residential dwelling unit.
D. "Failed Individual Sewage Treatment System" shall mean a soil
treatment system that is allowing sewage, sewage tank effluent, or seepage from the
soil treatment system to be discharged to the ground surface, abandoned wells, or
bodies of surface water, or into any rock or soil formation of the structure of which is
not conducive to purification of water by filtration, or into any well or other
excavation in the ground. Failed individual sewage treatment system also means an
individual sewage treatment system that uses cesspools, leaching pits, or seepage pits,
q4
or systems with less than three feet of unsaturated soil or sand between the distribution
device and the limiting soil characteristics.
E. "Individual Sewage Treatment System" shall mean a sewage
treatment system or part thereof? serving a dwelling, or other establishment, or group
thereof; which uses sub -surface soil treatment and disposal, including approved
holding tanks.
F. "Mound System" shall mean a system where the soil treatment
area is built above the ground to overcome limits imposed by proximity to water table
or bedrock, or by rapidly or slowly permeable soils.
G. "Owner" shall mean all persons having possession of, control
over, or title to an individual sewage treatment system.
H. "Private Inspector" shall mean a person or company that has
been licensed by Dakota County or the State of Minnesota qualified to inspect existing
individual sewage treatment systems.
1. "Pump or Pumped" shall mean the removal and sanitary disposal
of seepage from the septic tank, Removal of septage also includes complete removal of
scum and sludge.
J. "Pumper of Certified Pumper" shall mean a person or company
that has been licensed by Dakota County or the State of Minnesota as qualified to
service a septic system.
K. "Secondary Discharge" shall mean those solids and liquids
discharged intermittently which are not part of the businesses commercial and/or
industrial process, including, but not limited to, floor drains and overflow from
containment areas.
L. "Septage" shall mean those solids and liquids removed during
periodic maintenance of a septic or aerobic tank or those solids and liquids which are
removed from a holding tank.
M. "Sewage" shall mean any water carrying domestic waste,
exclusive of footing and roof drainage, from any industrial, agricultural, or commercial
establishment, or any dwelling or any other structure. Domestic waste includes liquid
waste produced by toilets, bathing, laundry,
associated with these sources, and specificall;
and industrial waste water.
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N. "Sewage Tank" shall mean a water tight tank used in the
treatment of sewage and includes, but is not limited to, septic tanks and aerobic tanks.
O. "Septic Tank" shall mean any water tight, covered receptacle
designed and constructed to receive the discharge of sewage from a building sewer,
separate solids from liquid, digest organic matter, and store liquids through a period of
detention, and allow the clarified liquids to discharge to a soil treatment system.
P. "Soil Treatment System" shall mean a system where sewage tank
effluent is treated and disposed of below the ground surface by filtration and
percolation through the soil, and includes those systems commonly known as seepage
bed, trench, drain field, disposal field and mounds.
Subd. 2. Adoption of Minnesota Pollution Control Agency Rule 7080 by
Reference. Chapter 7080 of the Minnesota Rules of the Minnesota Pollution Control
Agency Water Quality Division for Individual Sewage Treatment Systems (MPCA
Rule 7080) and Appendix A found in Rule 7080.0210 and any subsequent
amendments thereto, are hereby adopted by reference and shall be a part of this
ordinance as if set forth fully herein. A copy of MPCA Rule 7080 and Appendix A are
on file in the office of the City Clerk. An individual sewage treatment system shall
only be used for the discharge of sewage as that term is defined herein.
Subd. 3. Holding Tanks. Holding tanks conforming to the requirements of
MPCA Rule 7080 are limited to the following installations:
A. Tanks with a capacity not exceeding 2000 gallons may be used
for collection of secondary discharge not suitable for on-site treatment.
B. Replacement of failed individual sewage treatment systems on
existing uses when no other means of treatment is possible.
Subd. 4. Design of Individual Sewage Treatment Systems. In addition to the
requirements contained within MPCA Rule 7080, all new, rebuilt or otherwise
modified individual sewage treatment systems located in the City shall conform to the
following:
A. The system is designed by a person licensed by Dakota County
or the State of Minnesota as a site evaluator and qualified to design such system, proof
of which shall be provided to the City at the time the design of the individual sewage
treatment system is submitted to the City's protective inspection division for approval;
B. The system design shall be submitted to and approved by the
City's protective inspection division prior to issuance of any building permits for the
subject site; and
C. The system design shall include a site plan indicating primary
and alternate treatment areas and the results of percolation tests for the primary
treatment area.
Subd. 5. Installation of Individual Sewage Treatment Systems. The installation
of any individual sewage treatment system .shall be installed only at the location
approved by the City's protective -inspection division. The system shall only be
installed by a person or company licensed by Dakota County or the State of Minnesota
as qualified to install such a system.
Subd. 6. Testing for System Location. Whenever a landowner applies to the
City for a subdivision of land as to require platting or a waiver of platting and sanitary
sewer is not available to the proposed subdivided lots, the landowner shall submit to
the City a soil boring and analysis report prepared by a licensed site evaluator or
engineer trained in individual sewage treatment systems. The report shall evaluate the
soils and soil borings and show the existence of an adequate land area of suitable soils
that v. -ill accommodate at least two (2) sites for a soil treatment system on each lot,
taking in account depth to water table, soil types and mandatory setback requirements,
as dictated by City ordinance and any applicable State and Federal regulations. The
report of the soils and the soil borings and the two (2) potential locations of the on-site
individual sewage treatment systems shall be submitted to the City for review and shall
be approved prior to any preliminary. or final plat approval or wa,6er of platting for the
subject property. Failure to provide the report required under this provision or failure
to have at least two (2) potential sites for a soil treatment system on each lot shall be
grounds for denial of the plat or grounds for the denial of the waiver of platting.
Subd. 7. Operational Permit Required. The owner of any individual sewage
treatment system shall obtain an operational permit from the City in accordance with
the provisions of this Subdivision. It shall be unlawful for any owner to use or operate
an individual sewage treatment system without first obtaining an operational permit
from the City in accordance with this Subdivision.
A. Residential Operational Permit. The owner of every single
family residential sewage tank, septic tank or holding tank is required to have an
individual sewage treatment system operational permit issued by the City's protective
inspection division, leo operational permit shall be issued by the protective inspection
division unless the owner has met the following requirements:
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1. The septage from the sewage tank or septic tank has been
removed and sanitarily disposed of, including but not limited to, the complete removal
and sanitary disposal of scum and sludge, in accordance with the requirements of
MPCA 7080; and
2. A certificate of pumping maintenance is completed by a
certified pumper or private inspector and submitted to Dakota County or the City
within thirty (30) days of the pumping maintenance.
B. Commercial and Industrial Operational Permit. The owner of
every commercial and industrial property serviced by an individual sewage treatment
system is required to have an individual sewage treatment system operation permit for
each system on the property issued by the City's protective inspection division. No
operational permit shall be issued by the protective inspection division unless the
owner has met the following requirements:
1. The septage from the sewage tank or septic tank has been
removed and sanitarily disposed of, including but not limited to the complete removal
and sanitary disposal of scum and sludge, in accordance with the requirements of
MPCA 7080;
2. The City's protective inspection division completed an
inspection of and approved the water use, effluent quality for on-site treatment, and
discharge rate capability;
3. The owner of the individual sewage treatment system
pays the required permit fee as set forth by Council resolution or City Code; and
4. A certificate of pumping maintenance is completed by a
certified pumper or private inspector and submitted to Dakota County or the City
within thirty (30) days of the pumping maintenance; and
5. For purposes of any increase in discharge rate due to a
change of use or building addition, the owner will be responsible to complete and
submit an individual sewage treatment system evaluation to determine capacity of
existing system.
C. The certificate to be completed and submitted by the certified
pumper hereunder shall state the following:
1. The sewage tank or septic tank has been thoroughly
pumped to remove all solids and scum in accordance with the requirements of MPCA
7080 or, in the alternative, pumping was not required because the accumulated sludge
and scum layers did not exceed the levels required for pumping per MPCA 7080;
2. The date of the inspection and/or pumping;
3. The name and license number of the pumper and/or
private inspector;
4. The baffles and tank have been inspected by the pumper
andlor private inspector and are in working condition; and
5. The presence of any evidence of surface discharge from
the drain field.
D. Duration. The operational permits required hereunder shall be
effective for a period of two (2) years and shall be renewed prior to its expiration by
obtaining a new permit pursuant to the provisions of this subdivision. If an owner does
not renew the operational permit as required herein within thirty (30) days following
expiration of the operational permit, a late renewal fee as provided by the Code shall
be paid before an operational permit is issued. The operational permit shall be revoked
if the system becomes a failed individual sewage treatment system.
E. Schedule for Initial Permits. The owners of individual sewage
treatment systems shall obtain an operational permit as required herein no later than
two (2) years from the effective date of this ordinance.
F. Relation to Zoning Code. Operational permits will not be issued
if the building or property use is not in conformance with the City Zoning Code.
G. CommerciaHridustrial Change of Use, For purposes of
commercial and industrial operational permits, the owner shall be required to have
completed an individual sewage treatment system evaluation to determine capacity of
existing system or systems whenever a change of use or building addition or expansion
occurs which may result in an increase in discharge rate. A new operational permit
shall be obtained whenever a change of ownership, building use or building addition
or expansion occurs.
Subd. 8. Limits on Commercial and Industrial Discharge. No animal waste or
commercial waste water or industrial waste water shall be discharged on the surface or
into the sub -surface unless the person allowing or causing the discharge first obtains a
State Disposal System Permit from the Minnesota Pollution Control Agency. Such
discharges must comply with the terms and requirements of the State Disposal System
Permit in order to continue. An individual sewage treatment system that on the
effective date of this ordinance is used for the discharge of animal waste or
commercial waste water or industrial waste water may continue to be used for such
purposes until such system becomes a failed individual sewage treatment system or the
Minnesota Pollution Control Agency orders discontinuance, whichever occurs first;
then, in such case the new installed systems must comply with this Section.
Subd. 9. Failed Individual Sewage Treatment System. No failed individual
sewage treatment system shall be used in the City. The owner of a failed individual
sewage treatment system shall replace, modify or reconstruct the failed system in order
that the system complies with MPCA 7080 or, if approved by the protective inspection
division, to comply with Appendix A to MPCA 7080, unless connection to the public
sewer system is required under this Section or any other Section in the Code. Upon
application by the owner, the City Council may allow the failed system to be used, no
longer than one (1) year from Council approval of the application, only, if the Council
finds the following:
A. The failed system is not causing an imminent danger to the
public health, safety and welfare; and
B. By reason of exceptional circumstances, the strict enforcement
of this subdivision:
1. Would cause undue hardship; or
2. Is impractical or not feasible under the circumstances.
Subd. 10. Public Sewer System Connection. Notwithstanding any provision
herein to the contrary, the owner of any property served by an individual sewage
treatment system shall discontinue use of the system and shall connect to the public
sanitary sewer available to the property no later than 24 months immediately following
the public sanitary sewer connection to the metropolitan disposal system. Upon
connection to the public sewer system, the property owner shall abandon the
individual sewage treatment system in a safe and reasonable manner.
Subd. 11. Penalty. Any person who violates any provision of this Section or
who presents to the City any false or intentionally misleading statements, certificates
or application, shall be guilty of a misdemeanor.
Subd. 12. Inconsistency. If any provision of this Section is inconsistent with
MPCA 7080, then that provision which is more demanding or provides a greater level
of requirements or restrictions or provides an earlier date of compliance shall prevail
C)o
and be controlling. If any provision of this Section is inconsistent with City Code
, then that provision which is more demanding or provides a greater level
of requirements or restrictions or provides an earlier date of compliance shall prevail
and be controlling.
Section 2, Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation'" and Section 4.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
trough repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper: