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04/11/1978 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAG'AN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 11, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on April 11, 1978, at 7 p.m. at the City Hall. Those present were Chairman Harrison, Members Blomquist, Roszak, Sperling, Hedtke and Hall. Also present were City Administrator Hedges, City Planner Voss, Zoning Administrator Runkle, City Engin- er Rosene and City Attorney Hauge. AGENDA. An application of Peter Cordes and Eugene Sell for conditional use permit for a restaurant with on -sale liquor on Lot 1, Block 2, Fox Ridge Addition, was added to the agenda, which had been inadvertently excluded. MINUTES. Blomquist moved and Roszak seconded a motion, with all members voting in favor, to approve the minutes of the March 14th and March 28, 1978, Planning Commission meetings, with the exception on page 4 of the March 28th minutes, Naegele sign "C" application appears to be located on property zoned to permit advertising signs. OAR POND HILLS 2ND ADDITION. The Chairman convened the public hearing concerning the application of Floyd Forsberg for preliminary plat approval of Oak Pond Hills 2nd Addition in Section 36 adjacent to.Cliff Road. The 12 acre parcel is contiguous to the 1st Addition with lots at least one acre in size. After discussion, Hedtke moved to recommend approval of the preliminary plat, Roszak seconded the motion, subject to the following conditions: 1. That the park -trail areas will be seexd•as outlots on the final plat and a Warranty Deed and acceptable title be granted to the City at the time of submission of the final plat. 2. That satisfactory completion of the park dedication requirements be made at the time of submission of the final plat. 3. That no variances be granted herein except for front and sideyard set- back deviations for purposes of preserving trees or topographic problems that 0 0 4-11-78 exist, according to normal City policy. 4. That the plat be approved by the Dakota County Plat Commission because of its abutting County Road 132. All members voted in favor. CAPP HOMES WAIVER OF PLAT. The next public hearing convened by Chairman Harrison concerned the application of Capp Homes for waiver from subdivision regu- lations to divide Lot 3, Block 8, Cedar Grove No. 3 adjoining and East of Cedar Avenue. Mr. Mike Perlst4.n, attorney, appeared for the applicant. The report of the Zoning Administrator, dated April 5, 1978, was reviewed and Mr. Perlstein indicated that all conditions are acceptable with the applicant. Hall moved to recommend approval of the waiver, with the instructions to the Building Inspector that all recommendations of the Planner should be taken into account at the time the building permit is granted. Blomquist seconded the motion, with all members voting in favor. PROPERTY RESEARCH ASSOCIATES REZONING AND PRELIMINARY PLAT - CARRIAGE HILLS MANOR. Mr. Ralph Wagner and Mr. Leonard Juster appeared on behalf of the applicant. The Chairman convened the public hearing concerning the application of Property Research and Development Company for rezoning from R-4 Residential Multiple to R-1 Residential Single 15 acres in the NWk of the NW'k of Section 14, lying at the Southeast corner of Lexington and Yankee Doodle Road and in addition, a public hearing for preliminary plat approval of proposed Carriage Hills Manor consisting of Single Family development. Fifteen acres would be zoned R-1, with 35 single family lots and the balance an outlot with R-4 zoning. Roazak moved and Hall seconded a motion to recommend approval to rezone the 15 acre parcel from R-4 to R-1; all members voted in favor. Hedtke then moved and Blomquist seconded the motion, to recommend approval of the preliminary plat for Carriage Hills Manor, subject to the following: 1. Review and approval by the Dakota County Plat Commission. -2- 0 0 4-11-78 2. Compliance with the park dedication requirements of the City. 3. Landscape plan being submitted by the developer and approved by the City to provide that Lots 10 and 11 with backyards to Yankee Doodle Road will include planting or berming along Yankee Doodle Road. All members voted in favor. EAGAN CONSTRUCTION COMPANY - BOWLING ALLEY CONDITIONAL USE PERMIT. The Chairman then convened the public hearing concerning the application of Eagan Construction Company for conditional use permit for bowling alley on Lot 1, Block 2, Fox Ridge Addition in Section'9 at the Northwest corner of Yankee Doodle Road and Coachman Road. It was noted that the City Council on April 4, 1978, deter- mined that a bowling alley in a Neighborhood District in this location is a similar conditional use. A number of neighboring property owners appeared with questions anc concerns regarding the location of the bowling alley and its devel- opment. The two applications included a petition for conditional use permit in order to construct a bowling alley and a petition for conditional use permit for on -sale liquor in the facility. It appeared that the notice had been sent to all owners within 350 feet according to ordinance. There was concern about additional traffic in the area, the screening from the apartment complex to the West, the use of liquor on the premises, and its conformity generally with the surrounding residential area. After considerable discussion and after hearing the future owners and operators, including Mr. Cordes and Mr. Sell, Hall moved to continue the two hearings until the next meeting of the Planning Commission to afford the applicant time to submit a list of proposed restrictions for operation of the bowling alley and the on -sale liquor facility. Hedtke seconded the motion. Hall voted yes. Those voting no were Roszak, Sperling and Blomgcist. Those abstaining were Hedtke and Harrison, and rhe motion failed. Hedtke then moved to continue the public hearing for 1'k hours to permit the applicants to prepare a list of conditions for the operation of the bowling alley and liquor facility. Blomquist seconded the motion; all voted in favor. -3- 0 11 4-11-78 FEDERAL LAND COMPANY CONDITIONAL USE PERMIT -,BICENTENNIAL ADDITION. The next public hearing regarded the application of Federal Land Company for condi- tional use permit for a motor repair facility and variance to allow a split facility for a service station in Bicentennial Addition -Yankee Square shopping center. Martin Colon appeared and explained the separated facility proposal and in addition, the proposed variance consisting of 5 foot sideyard setback for the auto service building. There was concern about location of a sidewalk along Washington Drive, which is required under the Planned Development. After.discus- sion, Blomquist moved and Hedtke seconded a motion to recommend approval of the application for conditional use permit forservice station and for variance to permit the required auto service bays on a separate parcel, subject to the follow- ing: 1. There would be no auto body work permitted in this auto service center. 2. The cross easements for driveways and parking on the auto service site and adjacent properties West and North shall be submitted to the City Attorney for review and approval. 3. Outside lighting shall be provided at both sites. 4. The sidewalk along one side of Washington Drive required under the PD Agreement shall be provided at the time of development of the service center. 5. That a method of watering landscaped areas shall be established and approved by the City staff. All members voted in favor except Sperling who abstained for the reason that he felt that the traffic problems may become too great, particularly if a drive-in bank facility is located next to the service pumps. Blomquist then moved and Hedtke seconded a motion to recommend approval of the 5 foot sideyard setback variance on the basis of hardship because of the need to locate the building 5 feet from the property line. All members voted in favor, except Sperling who abstained. -4- 0 0 4-11-78 CAMERON:DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT - CAMERON ACRES. The public hearing next convened regarded the application of Cameron Development Company and Richard Grekoff to rezone approximately 5.4 acres from R-4 to R-2 PD and for preliminary plat approval for proposed Cameron Acres for 40 duplex and townhouse sites. Mr. Grekoff appeared for the applicant. The staff recommended that the zoning be retained at R-4 and that the street remain a private street because of the inability to develop a 60 foot city street on the parcel. The Homeowners Association would control the common area and also maintain the private street. There was concern about adequate off-street parking and the developer indicated 7 parking spaces. It was recommended by the staff that addi- tional off-street parking spaces be provided. Mr. Grekoff withdrew the applica- tion for rezoning. Mr. and Mrs. Tom Giguere, neighboring property owners, were concerned about landscaping of the adjoining area and also the exit from the private street to the North. Sperling moved and Hedtke seconded a motion to continue the public hearing for the preliminary plat until the April 25th meeting for further review and recommendation by the staff. All members voted yes. JOHN AND ROBIN CLAREY KENNEL PERMIT CONDITIONAL USE. The public hearing regarding the application of John and Robin Clarey for conditional use permit for a dog kennel in Lot 4, Block 3, Wescott Garden Lots on agriculturaly zoned prop- erty was next opened. Mr. and Mrs. Clarey were present and indicated the kennel would be for private use only, with a maximum of five dogs at any time. Hedtke moved and Sperling seconded a motion to recommend approval subject to the follow- ing: 1. That the conditional use be reviewed each year prior to the renewal of the kennel permit. 2. That all animal waste be adequately disposed of on a.regular basis. All members voted in favor. EAGAN CONSTRUCTION COMPANY RECONVENED PUBLIC HEARING. Mr. Jean Parranto -5- 0 0 4-11-78 again appeared for Eagan Construction Company, the developer of the proposed bowl- ing facility on Yankee Doodle Road, and stated that the developer would agree to ditch work for storm drainage along Yankee Doodle Road, that only vending machines were planned for food and suggested the following conditions: 1. That additional parking will be provided if necessary. 2. That the parking area and the garbage area would be cleaned daily. 3. That the gamerooms will comply with existing and future ordinances of the City of Eagan. 4. That there would be no direct access to Yankee Doodle Road. Member Hall objected to a decision on behalf of the Planning Commission without further study and input from area owners and residents. Chairman Harrison stated that he felt that bowling and liquor were not compatible in the Neighbor- hood Business in this area, which is mainly residential, and further cited poten- tial traffic problems. Hedtke then moved to recommend approval of the conditional use permit for the bowling alley on Lot 1, Block 2, Fox Ridge Addition, subject to the following conditions: 1. That a revised landscape plan shall be submitted, including the West side of the property, and to include watering facilities and landscaping along Yankee Doodle Road. 2. That a drainage plan be submitted for approval by the City including filling and leveling the drainage ditch along Yankee Doodle Road. 3. That the parking lot shall meet all requirements of the City for curb and gutter, plus storm sewer and drainage purposes. 4. That there be adequate screening for the trash and waste collection location, including top screening as well as side screening. 5. That special fencing or barriers be provided for protection of children along the West line and the North line of the property adjacent to the residential areas. 6. That the petitioner will comply with any amusement device - gameroom -6- 0 E 4-11-78 ordinance that is in existence of will be enacted by the City in the future. 7. That the applicant will meet with Mr. Applebaum to work out any prob- lems concerning the West boundary area of the proposed bowling facility property. 8. That a conditional use permit issued at this time shall include the proposed future expansion of the building provided all ordinance requirements, including parking are met, and subject to review by the Planning Commission and Council of the building plans and site plans prior to the issuance of a building permit. 9. That all landscaping shall be completed within six months after the facility is open for business. Sperling seconded the motion and stated that he felt that a bowling alley is needed in the general area. Those in favor were Hedtke, Sperling and Roszak. Those no were Hall and Harrison. Blomquist abstained indicating she felt there was not sufficient information. Hall voted no because he felt there was not sufficient research and input, /although he felt that the use was proper in the area EAGAN CONSTRUCTION COMPANY CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR. The applicant proposed the following additions for the on -sale liquor on the bowling alley premises: 1. That there would be no dancing facilities on the premises. 2. That the areas in which liquor is served will not be open during the operation of any junior bowling leagues. 3. That there be no intoxicating drinks allowed in the gameroom. Hedtke moved to postpone the hearing on the conditional use for liquor to April 25, 1978, Hall seconded the motion. There was discussion concerning the need for variances from the liquor regulations. Those voting yes were Hall and Blomquist, Harrison and Hedtke. Those voting no were Sperling and Roszak. NAdGELE OUTDOOR ADVERTISING COMPANY APPLICATIOT.B. The continued public hearings concerning the applications of Naegele Advertising Company for three -7- 0 0 4-11-78 conditional use permits for pylon advertising signs were nest convened. It was noted that it appears under Ordinance 016 that conditional use permits are not required for advertising signs of the nature requested and, therefore, the repre- sentatives of the applicants present, Mr. Dan Henjum and Craig Lofquist, agreed that the applications would comply with ordinance requirements for applications for advertising signs under Ordinance 016. Mr. Henjum again briefly reviewed the applications and stated that one advertising sign in the City is being lost and that notice of the loss of a second sign has been received from MN/DOT. It was also noted that the ordinance forbids signs in highway rights-of-way and further, it appeared that the applicants did not submit information sufficient to determine whether Ordinance 16.03 and 16.04 would be complied with in the case of the appli- cation for each of the signs. Mr. Henjum suggested that in the case of the sign within the proposed I35E right-of-way, that Naegele would enter into an agreement with the state to relinquish any claim in theevent of the acquisition of the right-of-way by the state, or that the sign B location would be moved and then apply for a variance from the distance spacing under Ordinance 016. A neighbor- ing resident appeared and objected to the sign B location for reasons including those given at the meeting on March 28th. Sign A - Hedtke moved and Hall seconded a motion to recommend the applica- tion for Sign A proposed to be located East of Highway 013 and South of Blackhawk Road on land zoned Neighborhood Business be disapproved under Ordinance 016 for reasons including the following: 1. The proposed sign and location of the sign are incompatible with the principles of Ordinance 052, Ordinance 016, Section 16.01, Subd. 1, and the Eagan Land Use Development Guide in that it does not promote the health, safety and general welfare of the City, its residents and property owners. 2. The City Council has in recent years attempted to control the arbitrary and expanded spread of advertising signs throughout the City and particularly along existing and proposed major thoroughfares. -8- 0 0 4-11-78 3. It does not comply with Ordinance #16.04, Subd. 3 in that it exceeds the maximum size for an advertising sign and in the judgment of the Planning Commission, the conditions including terrain, safety factors, site distance and future proposed use of the site area do not justify the approval of a variance; further that sufficient information and compliance with 16.03 and 16.04 has not been submitted by the applicant. All members voted in favor. Sign B - Hedtke moved and Sperling seconded a motion to recommend to the Council that the application for Sign B proposed to be located East of Pilot Knob Road and approximately 3.100 feet South of Yankee Doodle Road be recommended for denial for reasons including the following: 1. The proposed sign and location of the sign are incompatible with the principles of Ordinance #52, Ordinance #16, Section 16.01, Subd. 1 and Eagan Land Use ESvelopment Guide in that it does not promote the health, safety and general welfare of the City, its residents and property owners. 2. The City Council has in recent years attempted to control the arbitrary and expanded spread of advertising signs throughout the City and particularly along existing and proposed major thoroughfares. 3. Neighboring property owners and residents appeared and objected to the approval of the sign permit at the original hearing and continued hearing in that it would constitute a traffic hazard, potential nuisance in the area dnd tend to depreciate the value of the property in the general area of the proposed sign. 4. The sign would violate the long time policy of the City in discourag- ing development in the rights-of-way of proposed major streets and highways, noting that the proposed location would be within what is proposed to be the right- of-way of I35E or on lands zoned Agricultural. 5. The present zoning of the property does not permit advertising signs under applicable ordinances, namely Agricultural zoning at the proposed location; further that sufficient information and compliance with 16.03 and 16.04 has not -9- 0 0 4-11-78 been submitted by the applicant. All -members voted in favor. Sign C - Mr. Henjum and Mr. Lofquist stated that the proposed location would not be within the proposed I35E right-of-way and it was noted there was neighborhood opposition to the application. Member Roszak suggested that there be additional fact finding and recommendation concerning the proposed location. Roszak moved to instruct the staff to investigate fact finding procedures in other communities and report to the Planning Commission at its next meeting suggestions for fact finding procedures, noting that the Planning Commission does not appear to have sufficient information to make a determination regarding that application. Hedtke seconded the motion and all members voted in favor. PROCEDURES MANUAL RDINANCE 1116. Harrison moved and Sperling seconded a motion to continue consideration of the revisions for Sign Ordinance 1116 and for the Procedures Manual until the next meeting. All voted yea. MALLARD PARK 1ST ADDITION. Zoning Administrator Runkle indicated that a proposal is being made by the current developer of Mallard Park 1st Addition to request building permits for uses other than single family within the plat currently zoned R-4. It was noted that the intention of the applicant at the time of submission of the preliminary plat and the intention of the Planning Commission and Council appeared to be that single family use would be made for Mallard Park 1st Addition. The Administrator was asked to contact the proposed developer and indicate that the use other than single family without Planning Commission/Council approval would not appear to be permitted. ADJOURNMENT. Upon motion by Roazak, seconded Blomquist, all members voting yes, the meeting adjourned at about 11:45 p.m. DATED: April 11, 1978 -10- City Clerk MINUTES OF A REGULAR MEETING OF THE EAG'AN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 11, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on April 11, 1978, at 7 p.m. at the City Hall. Those present were Chairman Harrison, Members Blomquist, Roszak, Sperling, Hedtke and Hall. Also present were City Administrator Hedges, City Planner Voss, Zoning Administrator Runkle, City Engin- er Rosene and City Attorney Hauge. AGENDA. An application of Peter Cordes and Eugene Sell for conditional use permit for a restaurant with on -sale liquor on Lot 1, Block 2, Fox Ridge Addition, was added to the agenda, which had been inadvertently excluded. MINUTES. Blomquist moved and Roszak seconded a motion, with all members voting in favor, to approve the minutes of the March 14th and March 28, 1978, Planning Commission meetings, with the exception on page 4 of the March 28th minutes, Naegele sign "C" application appears to be located on property zoned to permit advertising signs. OAR POND HILLS 2ND ADDITION. The Chairman convened the public hearing concerning the application of Floyd Forsberg for preliminary plat approval of Oak Pond Hills 2nd Addition in Section 36 adjacent to.Cliff Road. The 12 acre parcel is contiguous to the 1st Addition with lots at least one acre in size. After discussion, Hedtke moved to recommend approval of the preliminary plat, Roszak seconded the motion, subject to the following conditions: 1. That the park -trail areas will be seexd•as outlots on the final plat and a Warranty Deed and acceptable title be granted to the City at the time of submission of the final plat. 2. That satisfactory completion of the park dedication requirements be made at the time of submission of the final plat. 3. That no variances be granted herein except for front and sideyard set- back deviations for purposes of preserving trees or topographic problems that 0 0 4-11-78 exist, according to normal City policy. 4. That the plat be approved by the Dakota County Plat Commission because of its abutting County Road 132. All members voted in favor. CAPP HOMES WAIVER OF PLAT. The next public hearing convened by Chairman Harrison concerned the application of Capp Homes for waiver from subdivision regu- lations to divide Lot 3, Block 8, Cedar Grove No. 3 adjoining and East of Cedar Avenue. Mr. Mike Perlst4.n, attorney, appeared for the applicant. The report of the Zoning Administrator, dated April 5, 1978, was reviewed and Mr. Perlstein indicated that all conditions are acceptable with the applicant. Hall moved to recommend approval of the waiver, with the instructions to the Building Inspector that all recommendations of the Planner should be taken into account at the time the building permit is granted. Blomquist seconded the motion, with all members voting in favor. PROPERTY RESEARCH ASSOCIATES REZONING AND PRELIMINARY PLAT - CARRIAGE HILLS MANOR. Mr. Ralph Wagner and Mr. Leonard Juster appeared on behalf of the applicant. The Chairman convened the public hearing concerning the application of Property Research and Development Company for rezoning from R-4 Residential Multiple to R-1 Residential Single 15 acres in the NWk of the NW'k of Section 14, lying at the Southeast corner of Lexington and Yankee Doodle Road and in addition, a public hearing for preliminary plat approval of proposed Carriage Hills Manor consisting of Single Family development. Fifteen acres would be zoned R-1, with 35 single family lots and the balance an outlot with R-4 zoning. Roazak moved and Hall seconded a motion to recommend approval to rezone the 15 acre parcel from R-4 to R-1; all members voted in favor. Hedtke then moved and Blomquist seconded the motion, to recommend approval of the preliminary plat for Carriage Hills Manor, subject to the following: 1. Review and approval by the Dakota County Plat Commission. -2- 0 0 4-11-78 2. Compliance with the park dedication requirements of the City. 3. Landscape plan being submitted by the developer and approved by the City to provide that Lots 10 and 11 with backyards to Yankee Doodle Road will include planting or berming along Yankee Doodle Road. All members voted in favor. EAGAN CONSTRUCTION COMPANY - BOWLING ALLEY CONDITIONAL USE PERMIT. The Chairman then convened the public hearing concerning the application of Eagan Construction Company for conditional use permit for bowling alley on Lot 1, Block 2, Fox Ridge Addition in Section'9 at the Northwest corner of Yankee Doodle Road and Coachman Road. It was noted that the City Council on April 4, 1978, deter- mined that a bowling alley in a Neighborhood District in this location is a similar conditional use. A number of neighboring property owners appeared with questions anc concerns regarding the location of the bowling alley and its devel- opment. The two applications included a petition for conditional use permit in order to construct a bowling alley and a petition for conditional use permit for on -sale liquor in the facility. It appeared that the notice had been sent to all owners within 350 feet according to ordinance. There was concern about additional traffic in the area, the screening from the apartment complex to the West, the use of liquor on the premises, and its conformity generally with the surrounding residential area. After considerable discussion and after hearing the future owners and operators, including Mr. Cordes and Mr. Sell, Hall moved to continue the two hearings until the next meeting of the Planning Commission to afford the applicant time to submit a list of proposed restrictions for operation of the bowling alley and the on -sale liquor facility. Hedtke seconded the motion. Hall voted yes. Those voting no were Roszak, Sperling and Blomgcist. Those abstaining were Hedtke and Harrison, and rhe motion failed. Hedtke then moved to continue the public hearing for 1'k hours to permit the applicants to prepare a list of conditions for the operation of the bowling alley and liquor facility. Blomquist seconded the motion; all voted in favor. -3- 0 11 4-11-78 FEDERAL LAND COMPANY CONDITIONAL USE PERMIT -,BICENTENNIAL ADDITION. The next public hearing regarded the application of Federal Land Company for condi- tional use permit for a motor repair facility and variance to allow a split facility for a service station in Bicentennial Addition -Yankee Square shopping center. Martin Colon appeared and explained the separated facility proposal and in addition, the proposed variance consisting of 5 foot sideyard setback for the auto service building. There was concern about location of a sidewalk along Washington Drive, which is required under the Planned Development. After.discus- sion, Blomquist moved and Hedtke seconded a motion to recommend approval of the application for conditional use permit forservice station and for variance to permit the required auto service bays on a separate parcel, subject to the follow- ing: 1. There would be no auto body work permitted in this auto service center. 2. The cross easements for driveways and parking on the auto service site and adjacent properties West and North shall be submitted to the City Attorney for review and approval. 3. Outside lighting shall be provided at both sites. 4. The sidewalk along one side of Washington Drive required under the PD Agreement shall be provided at the time of development of the service center. 5. That a method of watering landscaped areas shall be established and approved by the City staff. All members voted in favor except Sperling who abstained for the reason that he felt that the traffic problems may become too great, particularly if a drive-in bank facility is located next to the service pumps. Blomquist then moved and Hedtke seconded a motion to recommend approval of the 5 foot sideyard setback variance on the basis of hardship because of the need to locate the building 5 feet from the property line. All members voted in favor, except Sperling who abstained. -4- 0 0 4-11-78 CAMERON:DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT - CAMERON ACRES. The public hearing next convened regarded the application of Cameron Development Company and Richard Grekoff to rezone approximately 5.4 acres from R-4 to R-2 PD and for preliminary plat approval for proposed Cameron Acres for 40 duplex and townhouse sites. Mr. Grekoff appeared for the applicant. The staff recommended that the zoning be retained at R-4 and that the street remain a private street because of the inability to develop a 60 foot city street on the parcel. The Homeowners Association would control the common area and also maintain the private street. There was concern about adequate off-street parking and the developer indicated 7 parking spaces. It was recommended by the staff that addi- tional off-street parking spaces be provided. Mr. Grekoff withdrew the applica- tion for rezoning. Mr. and Mrs. Tom Giguere, neighboring property owners, were concerned about landscaping of the adjoining area and also the exit from the private street to the North. Sperling moved and Hedtke seconded a motion to continue the public hearing for the preliminary plat until the April 25th meeting for further review and recommendation by the staff. All members voted yes. JOHN AND ROBIN CLAREY KENNEL PERMIT CONDITIONAL USE. The public hearing regarding the application of John and Robin Clarey for conditional use permit for a dog kennel in Lot 4, Block 3, Wescott Garden Lots on agriculturaly zoned prop- erty was next opened. Mr. and Mrs. Clarey were present and indicated the kennel would be for private use only, with a maximum of five dogs at any time. Hedtke moved and Sperling seconded a motion to recommend approval subject to the follow- ing: 1. That the conditional use be reviewed each year prior to the renewal of the kennel permit. 2. That all animal waste be adequately disposed of on a.regular basis. All members voted in favor. EAGAN CONSTRUCTION COMPANY RECONVENED PUBLIC HEARING. Mr. Jean Parranto -5- 0 0 4-11-78 again appeared for Eagan Construction Company, the developer of the proposed bowl- ing facility on Yankee Doodle Road, and stated that the developer would agree to ditch work for storm drainage along Yankee Doodle Road, that only vending machines were planned for food and suggested the following conditions: 1. That additional parking will be provided if necessary. 2. That the parking area and the garbage area would be cleaned daily. 3. That the gamerooms will comply with existing and future ordinances of the City of Eagan. 4. That there would be no direct access to Yankee Doodle Road. Member Hall objected to a decision on behalf of the Planning Commission without further study and input from area owners and residents. Chairman Harrison stated that he felt that bowling and liquor were not compatible in the Neighbor- hood Business in this area, which is mainly residential, and further cited poten- tial traffic problems. Hedtke then moved to recommend approval of the conditional use permit for the bowling alley on Lot 1, Block 2, Fox Ridge Addition, subject to the following conditions: 1. That a revised landscape plan shall be submitted, including the West side of the property, and to include watering facilities and landscaping along Yankee Doodle Road. 2. That a drainage plan be submitted for approval by the City including filling and leveling the drainage ditch along Yankee Doodle Road. 3. That the parking lot shall meet all requirements of the City for curb and gutter, plus storm sewer and drainage purposes. 4. That there be adequate screening for the trash and waste collection location, including top screening as well as side screening. 5. That special fencing or barriers be provided for protection of children along the West line and the North line of the property adjacent to the residential areas. 6. That the petitioner will comply with any amusement device - gameroom -6- 0 E 4-11-78 ordinance that is in existence of will be enacted by the City in the future. 7. That the applicant will meet with Mr. Applebaum to work out any prob- lems concerning the West boundary area of the proposed bowling facility property. 8. That a conditional use permit issued at this time shall include the proposed future expansion of the building provided all ordinance requirements, including parking are met, and subject to review by the Planning Commission and Council of the building plans and site plans prior to the issuance of a building permit. 9. That all landscaping shall be completed within six months after the facility is open for business. Sperling seconded the motion and stated that he felt that a bowling alley is needed in the general area. Those in favor were Hedtke, Sperling and Roszak. Those no were Hall and Harrison. Blomquist abstained indicating she felt there was not sufficient information. Hall voted no because he felt there was not sufficient research and input, /although he felt that the use was proper in the area EAGAN CONSTRUCTION COMPANY CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR. The applicant proposed the following additions for the on -sale liquor on the bowling alley premises: 1. That there would be no dancing facilities on the premises. 2. That the areas in which liquor is served will not be open during the operation of any junior bowling leagues. 3. That there be no intoxicating drinks allowed in the gameroom. Hedtke moved to postpone the hearing on the conditional use for liquor to April 25, 1978, Hall seconded the motion. There was discussion concerning the need for variances from the liquor regulations. Those voting yes were Hall and Blomquist, Harrison and Hedtke. Those voting no were Sperling and Roszak. NAdGELE OUTDOOR ADVERTISING COMPANY APPLICATIOT.B. The continued public hearings concerning the applications of Naegele Advertising Company for three -7- 0 0 4-11-78 conditional use permits for pylon advertising signs were nest convened. It was noted that it appears under Ordinance 016 that conditional use permits are not required for advertising signs of the nature requested and, therefore, the repre- sentatives of the applicants present, Mr. Dan Henjum and Craig Lofquist, agreed that the applications would comply with ordinance requirements for applications for advertising signs under Ordinance 016. Mr. Henjum again briefly reviewed the applications and stated that one advertising sign in the City is being lost and that notice of the loss of a second sign has been received from MN/DOT. It was also noted that the ordinance forbids signs in highway rights-of-way and further, it appeared that the applicants did not submit information sufficient to determine whether Ordinance 16.03 and 16.04 would be complied with in the case of the appli- cation for each of the signs. Mr. Henjum suggested that in the case of the sign within the proposed I35E right-of-way, that Naegele would enter into an agreement with the state to relinquish any claim in theevent of the acquisition of the right-of-way by the state, or that the sign B location would be moved and then apply for a variance from the distance spacing under Ordinance 016. A neighbor- ing resident appeared and objected to the sign B location for reasons including those given at the meeting on March 28th. Sign A - Hedtke moved and Hall seconded a motion to recommend the applica- tion for Sign A proposed to be located East of Highway 013 and South of Blackhawk Road on land zoned Neighborhood Business be disapproved under Ordinance 016 for reasons including the following: 1. The proposed sign and location of the sign are incompatible with the principles of Ordinance 052, Ordinance 016, Section 16.01, Subd. 1, and the Eagan Land Use Development Guide in that it does not promote the health, safety and general welfare of the City, its residents and property owners. 2. The City Council has in recent years attempted to control the arbitrary and expanded spread of advertising signs throughout the City and particularly along existing and proposed major thoroughfares. -8- 0 0 4-11-78 3. It does not comply with Ordinance #16.04, Subd. 3 in that it exceeds the maximum size for an advertising sign and in the judgment of the Planning Commission, the conditions including terrain, safety factors, site distance and future proposed use of the site area do not justify the approval of a variance; further that sufficient information and compliance with 16.03 and 16.04 has not been submitted by the applicant. All members voted in favor. Sign B - Hedtke moved and Sperling seconded a motion to recommend to the Council that the application for Sign B proposed to be located East of Pilot Knob Road and approximately 3.100 feet South of Yankee Doodle Road be recommended for denial for reasons including the following: 1. The proposed sign and location of the sign are incompatible with the principles of Ordinance #52, Ordinance #16, Section 16.01, Subd. 1 and Eagan Land Use ESvelopment Guide in that it does not promote the health, safety and general welfare of the City, its residents and property owners. 2. The City Council has in recent years attempted to control the arbitrary and expanded spread of advertising signs throughout the City and particularly along existing and proposed major thoroughfares. 3. Neighboring property owners and residents appeared and objected to the approval of the sign permit at the original hearing and continued hearing in that it would constitute a traffic hazard, potential nuisance in the area dnd tend to depreciate the value of the property in the general area of the proposed sign. 4. The sign would violate the long time policy of the City in discourag- ing development in the rights-of-way of proposed major streets and highways, noting that the proposed location would be within what is proposed to be the right- of-way of I35E or on lands zoned Agricultural. 5. The present zoning of the property does not permit advertising signs under applicable ordinances, namely Agricultural zoning at the proposed location; further that sufficient information and compliance with 16.03 and 16.04 has not -9- 0 0 4-11-78 been submitted by the applicant. All -members voted in favor. Sign C - Mr. Henjum and Mr. Lofquist stated that the proposed location would not be within the proposed I35E right-of-way and it was noted there was neighborhood opposition to the application. Member Roszak suggested that there be additional fact finding and recommendation concerning the proposed location. Roszak moved to instruct the staff to investigate fact finding procedures in other communities and report to the Planning Commission at its next meeting suggestions for fact finding procedures, noting that the Planning Commission does not appear to have sufficient information to make a determination regarding that application. Hedtke seconded the motion and all members voted in favor. PROCEDURES MANUAL RDINANCE 1116. Harrison moved and Sperling seconded a motion to continue consideration of the revisions for Sign Ordinance 1116 and for the Procedures Manual until the next meeting. All voted yea. MALLARD PARK 1ST ADDITION. Zoning Administrator Runkle indicated that a proposal is being made by the current developer of Mallard Park 1st Addition to request building permits for uses other than single family within the plat currently zoned R-4. It was noted that the intention of the applicant at the time of submission of the preliminary plat and the intention of the Planning Commission and Council appeared to be that single family use would be made for Mallard Park 1st Addition. The Administrator was asked to contact the proposed developer and indicate that the use other than single family without Planning Commission/Council approval would not appear to be permitted. ADJOURNMENT. Upon motion by Roazak, seconded Blomquist, all members voting yes, the meeting adjourned at about 11:45 p.m. DATED: April 11, 1978 -10- City Clerk