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HomeMy WebLinkAboutApril 8, 2008 0 PLANNING AND ZONING COMMISSION MEETING - APRIL 8, 2008 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 8, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Valerie Holthus. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota 0 Others APPROVAL OF MINUTES. March 11, 2008 Motion by Casey, seconded by Walton, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Holthus) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-04) FOR AN ON SALE LIQUOR LICENSE AT 13797 JAY STREET NW. Mr. Cross stated the applicants are requesting a Conditional Use Permit (CUP) for on-site liquor sales at a new restaurant in Andover Station North. Mr. Cross noted the applicants will be changing the name of the proposed restaurant to "Moose & Company Grill House". They are also applying for a full liquor license for this establishment and the total number of seats is labeled "bar" which is inaccurate. The bar area is thirty and the entire seating for the establishment is 270. 0 Commissioner Walton removed himself from discussion and voting. Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 0 Page 2 Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:06 p.m. Motion carried on a 6-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. Mr. Louis Rudnicki, 13783 Ibis Street, stated he owns Dancing Feet Dance Studio and they are a little bit concerned about the liquor license. He stated he was not concerned about a restaurant with a liquor license but this appears to be more of a bar with restaurant seating. He stated he was not opposed to a conditional liquor license but thought it would be good to see in one of the conditions looking at the revenue stream and portion of liquor sales to total sales. He stated their concern at this point is they have had several instances of drunken people walking into the dance studio during classes which is disturbing to everyone. He wondered if this is the right location for a bar that serves food. He stated if this is going to be a bar that will serve food he objected to the conditional liquor license but if this will be a family restaurant that will serve alcohol he is in favor of it as long as his requested condition is added. Mr. Andy Stoner, 2732 178th Avenue N.E., Ham Lake, applicant, stated the primary focus for the restaurant from the inception was for a nice place for people to go that is a friendly place for children and keeps them occupied. He stated they are all business men with successful businesses. He stated they have enlisted the help from someone with National Chain Start Ups. He stated bars that happen to serve food are suffering because 0 of the smoking ban. This restaurant was always going to be non-smoking and will be a full service restaurant. Their revenue stream for alcohol will be fourteen percent. He stated all of their servers will need to go through extensive training to make sure there are not any out of hand situations. Mr. Rudnicki stated he understood the applicant's goals and criteria as stated but they all know things can change. He thought if there is a way upfront to protect themselves from changes, he thought the Planning Commission should strongly consider that. Motion by Falk, seconded by Casey, to close the public hearing at 7:16 p.m. Motion carried on a 5-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. Commissioner Casey asked what is in City Code concerning food sales and what is the difference between a full liquor license and a beer and wine license. Mr. Cross explained the differences of the liquor licenses to the Commission. Mr. Cross stated they are required to have a 60/40 ratio for food to liquor sales and they will be required to follow that. Chairperson Daninger asked if the patio is used for dining. The applicant indicated it was. Motion by Falk, seconded by Kirchoff, to recommend to the City Council approval of the 0 proposed Conditional Use Permit. Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 0 Page 3 Chairperson Daninger indicated they received a letter from Mr. Jeremy Dordahl disagreeing with the name, which will be changed. Motion carried on a 5-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. Mr. Cross stated that this item would be before the Council at the April 15, 2008 City Council meeting. . PUBLIC HEARING: PRELIMINARY PLAT OF ANDOVER STATION NORTH rm ADDITION TO CREATE TWO LOTS FOR COMMERCIAL DEVELOPMENT FROM 13753 IBIS STREET NW. Mr. Vrchota explained the plat is being pursued by the Andover Economic Development Authority (EDA), which owns the property. This would allow the EDA to move forward on a land sale to Bluefin Pool and Spa for the north 100 feet (Lot 1), while preserving the remainder of the property (Lot 2) as a potential restaurant site along Bunker Lake Boulevard. Mr. Vrchota discussed the staff report with the Commission. 0 Commissioner Kirchoff asked if there was a proposal for an outdoor display. Mr. Vrchota indicated there has not been on at this point. Chairperson Daninger asked where the access for loading and unloading will be and when sharing an access, will that create a problem. Mr. Vrchota stated there will be a drive to the back side of the building for loading and unloading. Motion by Walton, seconded by Casey, to open the public hearing at 7:25 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Holthus) vote. There was no public input. Motion by Walton, seconded by Casey, to close the public hearing at 7:25 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Holthus) vote. Motion by Walton, seconded by Falk, to recommend approval of the proposed plat subject to the conditions listed in the attached resolution. Motion carried on a 6-ayes, 0- nays, I-absent (Holthus) vote. Mr. Vrchota stated that this item would be before the Council at the April 15, 2008 City Council meeting. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 0 Page 4 PUBLIC HEARING: PRELIMINARY PLAT OF ANDOVER STATION NORTH 3RD ADDITION TO CREATE TWO LOTS FOR COMMERCIAL DEVELOPMENT FROM 1730 139TH LANENW. Mr. Vrchota stated the plat is being pursued by the EDA, which owns the property. This . would allow the EDA to move forward with land sales for both properties. Mr. Vrchota discussed the staff report with the Commission. Commissioner Walton asked as they develop and if this moves forward with the restaurant opening is there any indication when Jay Street will open. Mr. V rchota stated Jay Street will open when Anoka County completes the Hanson Boulevard improvements this fall. Commissioner Falk asked ifthe two sites are projected sales or are they actually going in because his concern was with fumes from the dry cleaners. Mr. Vrchota stated there was some concern with that and will require a CUP which will be coming back. The daycare provider has signed off on that so the dry cleaner can go in there. Chairperson Daninger asked in the Resolution it states "Andover Station North Association" and he wondered what that was. Mr. Vrchota stated it is an Association of 0 all property owners in Andover Station North. Motion by Falk, seconded by Kirchoff, to open the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Holthus) vote. There was no public input. Motion by Walton, seconded by Casey, to close the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Holthus) vote. Motion by Walton, seconded by Falk, to recommend approval of the proposed plat subject to the conditions listed in the attached resolution. Motion carried on a 6-ayes, 0- nays, I-absent (Holthus) vote. Mr. Vrchota stated that this item would be before the Council at the April 15, 2008 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CHANGE THE RESTAURANT PARKING REQUIREMENTS OF CITY CODE 12-13-8. Mr. Vrchota explained the owners of the proposed "Moose Knuckles" restaurant have 0 submitted preliminary site plans. The plans show 60 fewer parking stalls on the site than would be required by the City Code. Under the current code, the developer will be Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 0 Page 5 asking for a variance to the parking requirements or will not be able to open their patio seating area The significant difference between the proposed number of parking stalls and the number required by the City Code led the City Council to direct staff to research the parking requirements of other metro area cities. Mr. Vrchota discussed the staff report with the Commission. Commissioner Walton removed himself from discussion and voting. Commissioner Kirchoff asked what the staffmg levels would be for a restaurant this size. Mr. Vrchota indicated he did not know what the requirements might be. This information will be requested as part of the commercial site plan for future restaurants. Motion by Falk, seconded by Casey, to open the public hearing at 7:35 p.m. Motion carried on a 6-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. There was no public input. Motion by Falk, seconded by Kirchoff, to close the public hearing at 7:35 p.m. Motion carried on a 6-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. 0 Motion by Kirchoff, seconded by Cleveland, to recommend to the City Council approval of the proposed code amendment. Motion carried on a 5-ayes, O-nays, I-present (Walton), I-absent (Holthus) vote. Mr. Vrchota stated that this item would be before the Council at the April 15, 2008 City Council meeting. Chairperson Daninger left the meeting at 7:35 p.m. Vice Chairperson Kirchoff took control of the meeting. PUBLIC HEARING: REZONING (08-01) TO CHANGE THE ZONING DESIGNATION FROM INDUSTRIAL (I) TO GENERAL BUSINESS (GB) FOR PROPERTIES LOCATED AT 16125,16157 AND 16191 ROUND LAKE BOULEVARD,3138,3149,316016~ LANENWAND3121161sT AVENUENW Mr. Cross explained Council has directed staff to rezone six properties in the Hughes and Westview Industrial Parks from the Industrial (I) zoning district to the General Business (GB) zoning district. Mr. Cross reviewed the information with the Commission. 0 Commissioner Cleveland asked if Council approves the property change to GB, are there changes that will follow like landscaping, etc. Mr. Cross stated the interim standards are Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 0 Page 6 for properties located within the industrial park and the properties up for rezoning will still fall within those standards. Commissioner Falk asked if businesses with fumes or chemicals would be allowed with the rezoning. Mr. Cross explained what the zoning change would allow for businesses and that standard nuisance protections will remain in place. Commissioner Kirchoff asked for clarification on the interim standards. Mr. Cross stated the interim standards ordinance has Hughes Industrial Park listed and will expire when municipal services reach that area Motion by Walton, seconded by Casey, to open the public hearing at 7:43 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Holthus) vote. Mr. Joe Brabant, 16191 Round Lake Boulevard, asked if the Auto Repair Shop in his building will be able to remain and not change due to the proposed rezoning. Mr. Cross stated it was a conditional use under both zones and would be allowed. Mr. Brabant stated he was a little concerned about the value of the corner where it would allow a Walgreens type of business and sewer and water would come in, would it force the entire area to hook up to it. Mr. Bednarz stated typically in the City sewer and water 0 is paid for by the person requesting them. The City does have the option to assess properties and is something they will need to consider if it would enter that area but he thought the Council would take into consideration who requested the sewer and water. He did not think sewer and water would be brought up to the area until it went through the Rural Reserve. Mr. Brabant stated he was in favor of anything that would improve the area and supported the change. Mr. Clarence Zulager, 3138 162nd Lane NW, asked if there will be any changes to outdoor storage if it is changed to General Business. Mr. Cross stated outdoor display and sales is a conditional use in both Industrial and General Business zoning districts. Mr. Zulager asked if sales and storage of new and used auto parts inside a building only was allowed in General Business Zoning. Mr. Cross stated the precise use is on this table and the square is blank so it is prohibited. It is allowed in Industrial but not in General Business. Mr. Zulager indicated he would support this change. Motion by Walton, seconded by Casey, to close the public hearing at 7:52 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Holthus) vote. 0 Commissioner Walton thought this was a good long range change. Regular Andover Planning and Zoning Commission Meeting Minutes - April 8, 2008 Page 7 0 Motion by Walton, seconded by Falk, to recommend to the City Council approval of the rezoning from Industrial (I) to General Business (GB) for all seven properties based on the fact that times and conditions have changed. Motion carried on a 5-ayes, O-nays, 2- absent (Daninger, Holthus) vote. Mr. Cross stated that this item would be before the Council at the April 15, 2008 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Cleveland, to adjourn the meeting at 7:55 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Holthus) vote. 0 Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0