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HomeMy WebLinkAboutMarch 11, 2008 ~M,c:t O.<J . Lf~?-O~ LulL +ttn 0 PLANNING AND ZONING COMMISSION MEETING - MARCH 11, 2008 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on March 11, 2008, 7 :00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Tim Kirchoff. Also present: Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others 0 APPROVAL OF MINUTES. February 12, 2008 Motion by Casey, seconded by Falk, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-03) TO ALLOW ON SALE LIQUOR AT BEEF '0' BRADY'S FAMILY SPORTS PUB LOCATED AT 15190 BLUEBIRD ST. NW, #114, CLOCKTOWER COMMONS. Mr. Vrchota stated the applicants are requesting a Conditional Use Permit (CUP) for on- site liquor sales at a new restaurant in the Andover Clocktower Commons shopping center. Mr. Vrchota discussed the information with the Commission. Motion by Casey, seconded by Walton, to open the public hearing at 7:03 p.m. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote. 0 Mr. Matt Zeece, 23644 Heather Street, St. Francis, stated he was at the meeting for questions. Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 2 Commissioner Holthus asked where there are other franchise restaurants. Mr. Zeece stated they are all over the United States but mostly in Florida He explained there is also one in Northfield and Waconia, Minnesota. Chairperson Daninger stated the CUP is for the sale of beer and wine and maybe in the future different alcohol and he wondered if they planned on having an outside dining area with beer and wine. Mr. Zeece stated they were. Chairperson Daninger thought that would be ok but would need to be contained so people would not come and go. Mr. Tom Roberts, 6484 Pinnacle Drive, Eden Prairie, one of the property owners, stated the patio is very important for the business's success. He wondered if the patio area will need to come back for an approval after the plans are drawn up. Mr. Roberts stated he wanted to know if there would be an issue with a patio, they would like to get them resolved as soon as possible. Chairperson Daninger stated.. . if it was there he would not have a problem with a CUP. He wanted to make sure they had the information before a decision was made. Commissioner Walton thought as it is conceptualized the location and proximity to the 0 building along with presentation from the street may be items that are taken into consideration. Motion by Walton, seconded by Falk, to close the public hearing at 7:09 p.m. Motion carried on a 6-ayes, O-nays, O-present,. I-absent (Kirchoff) vote. Motion by Walton, seconded by Falk, to recommend to the City Council approval of Resolution No. _, for a Conditional Use Permit subject to the conditions in the attached resolution. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Vrchota stated that this item would be before the Council at the March 18,2008 City Council meeting. PUBLIC HEARING: COMPREHENSWE PLAN AMENDMENT (08-01) MUSA EXPANSION AT METRO MOSQUITO CONTROL AT 1260 BUNKER LAKE BL VD. NW. Mr. Cross explained the applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the Metropolitan Mosquito Control District's property. Mr. Cross discussed the staff report with the Commission. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 3 Commissioner.Falk asked if the City could make it a bigger area instead of a jog. Mr. Cross stated if the City owned the property they could but it is owned by the County and the City will accept the proposal as submitted. Commissioner Falk asked if this could expand in the future. Mr. Cross stated in the letter it indicated there is a possibility. Commissioner Casey asked if the forty acres around the Mosquito Control District would develop further for some other facility for the County would there be enough sewer capacity for expansion? Mr. Cross stated the City Engineer reviewed the plans just for this parcel. He stated when they look at capacity they would look at residential density and they probably would not see the problem with density as they do when they look at residential expansion. Commissioner Cleveland wondered what the facility will be used for. He wondered what will be discharged into the sewer system. Mr. Cross noted this is currently on septic system. Motion by Casey, seconded by Cleveland, to open the public hearing at 7:18 p.m. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote. 0 Mr. Richard Gage, Gage Engineering, Inc., stated they are in the process of putting and addition to the building and they are looking at ways to hook up to the sewer system and abandon their septic system. He stated they store their vehicles in the building along with any supplies needed. The existing septic system is inadequate for the addition they are putting on and when they looked at expanding the septic system the City asked if it would be possible for them to connect to the City sewer system so they have added that to their plans. He stated they do not have any materials that go into the ground. Motion by Falk, seconded by Casey, to close the public hearing at 7:21 p.m. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote. Motion by Walton, seconded by Falk, to recommend approval of the Comprehensive Plan Amendment to expand the urban service area to include the MMCD facility. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote. Mr. Cross stated that this item would be before the Council at the March 18, 2008 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-02) TO ALLOW LINDER'S FLOWER MART TO BE LOCATED AT FESTIVAL FOODS AT 2218 BUNKER LAKE BLVD. NW. 0 Chairman Daninger stepped down from discussion because of conflict. Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 4 Mr. Cross stated Linder's Greenhouse & Garden Center has come forward with a request to locate a "Flower Mart" temporary greenhouse in the parking lot of Festival Foods in Andover Station. The operation would run from April through July and require a Conditional Use Permit. Mr. Cross discussed the staff report with the Commission. Commissioner Walton wondered where they will be getting water from. Mr. Cross stated they will be responsible for finding the water source. Commissioner Walton asked if the water will be properly drained from the parking area Mr. Cross indicated that was correct. Commissioner Cleveland wondered where the electricity would come from. Mr. Cross stated they will need to tap into the light pole for electricity. Commissioner Holthus wondered who will pay for the electricity. Mr. Cross stated this will need to be worked out with Linder's and Festival Foods. Motion by Falk, seconded by Walton, to open the public hearing at 7:26 p.m. Motion carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent (Kirchofl) vote. 0 Mr. Scott Usella, 1949 Catalina Drive, Woodbury, applicant was at the meeting to answer questions Commissioner Holthus asked why they chose to have a north/south orientation versus an east/west orientation. Mr. Usella stated there is a center island in the parking lot that goes from North to South which divides the Festival parking lot from the rest of the parking area so they are going to position their building along that curb. Commissioner Holthus wondered if the Linder's Flower Mart in Coon Rapids will close or will it remain open. Mr. Usella stated it will stay open. Commissioner Holthus asked if Linder's is working with Festival on a lease agreement for electricity and water. Mr. Usella stated they have and there is already an electric outlet in the parking lot where they will tap from and they will pay Festival for the electricity and water. Motion by Cleveland, seconded by Walton, to close the public hearing at 7:29 p.m. Motion carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent (Kirchoff) vote. Motion by Walton, seconded by Falk, to recommend approval of the Conditional Use Permit. Motion carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent 0 (Kirchofl) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 5 Mr. Cross stated that this item would be before the Council at the March 18, 2008 City Council meeting. WORKSHOP ITEMS: Adding Daycare Centers as Conditional Use or Permitted Use in the Industrial Zoning District Mr. Vrchota explained the City Council was approached at their March 4, 2008 meeting by a property owner to change the uses in the (I) Industrial Zoning District to enable a daycare center to be allowed in an existing office type building located in Hughes Industrial Park. The property owner described this space as the best possible site to accommodate an existing daycare center that has experienced an emergency need to relocate. Apparently there was a fire in the shopping center where they were previously located at County Road 22 and Round Lake Blvd. The site they would like to occupy is located at the northeast comer of 162nd and Round Lake Blvd. They selected this location because they want to be as close as possible to where their daycare was previously located. The building at this location is in an industrial zone. They would be required to make appropriate changes to the building in order to meet the City, County 0 and State daycare requirements before they could occupy the space. Commissioner Cleveland asked if this can be done in a reasonable amount of time to include fire suppression as well as updating the septic. Mr. Vrchota indicated he did not know how quickly someone could get a fire suppression system or septic system designed and built. Commissioner Walton thought it seemed like a difficult place to allow a daycare center in a named industrial zoning district and knowing that a lot of these areas have heavy vehicle traffic. He thought with having to meet other guidelines for a daycare it would make for a safe installation regardless of approval. Commissioner Holthus stated she met a planner from St. Louis Park recently and this issue was brought up. It was told to her that St. Louis Park was apprehensive about allowing daycare centers in industrial zones but that situation had some unusual circumstances like this one does and St. Louis Park decided to require a conditional use in their industrial zone. Mr. Vrchota stated he did have information from some other cities, which he reviewed with the Commission, and he stated that St. Louis Park calls theirs permitted with conditions. He explained what that meant. Ms. Amy Boman, 13098 Marmin Street, Coon Rapids, Owner, was at the meeting to 0 answer questions. Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 6 Commissioner Holthus wondered if they were planning on moving back into the space where they were previously located after it is fixed up. She asked if the industrial zone would be a temporary site until the old site was fixed. Ms. :Boman stated they are renting space at the strip mall and her goal is to own and this location would be perfect to move to. Commissioner Holthus asked how many children do they have at the daycare. Ms. Boman stated they are licensed for 62 and that is determined by the amount of square footage, which is thirty-five square feet for every child so at this location they would be permitted for the exact same number. Commissioner Holthus asked how many employees they have. Ms. Boman stated it depends on the number of children. Currently they have about eight but can go up to as much as ten or twelve. Ms. Boman noted there is ample parking at this site and there is a privacy fence to keep the industrial park away from that building. Commissioner Holthus asked who was occupying the building right now. Ms. Boman stated it is currently divided into three suites and the first two suites are vacant and then 0 there is an irrigation company there which is willing to vacate if they move in. Ms. Boman indicated they have already had the State Building Inspector out there for licensing, building inspection and fire inspection. Commissioner Cleveland wondered if there is a requirement for an outside seasonal play area Ms. Boman stated there is a requirement for a playground but her State licenser will give them a variance meaning they are not required to have one until further time for whatever the variance is allotted because the ground is frozen. They have to have it fenced for the State requirements. Chairperson Daninger stated he was leaning toward a Conditional Use Permit but wanted to find out more information. Chairperson Daninger asked what the facility in Blaine was like. Ms. Boman indicated it was located in an industrial park, which has five businesses in there. Chairperson Daninger asked from a marketing tool if this would be an ideal spot for a daycare center and would parents be attracted to this. Ms. Boman stated in looking at a daycare center in general and what parents look at when choosing a center is they look around their home area, the price and how convenient it is to drop their child off and pick them up. She stated most families would be choosing them for the location from their 0 home to the easy access to their commute and that is with all of her daycares and other daycares that she knows. . Regular Andover Planning and Zoning Commission Meeting Minutes - March 11, 2008 0 Page 7 Commissioner Cleveland asked if they are doing a CUP, will they want them to comply with City Codes as far as landscaping and lighting. Mr. Vrchota stated they will want that. It is part of the Hughes Industrial area and could qualify for the interim performance standards. This is also a significantly newer building than the other buildings in the industrial park so it more than likely has fewer deficiencies than the other buildings. Commissioner Cleveland thought a CUP made more sense to him than anything else. He stated he would rather not have it be a permitted use. Commissioner Walton thought it made more sense and gives the City more control so that not every Industrial Park is open to a permitted use, it is more conditional. He thought it made sense. The Commission concurred that a Conditional Use Permit made sense to have in this industrial park. Chairperson Daninger stated he did not want to make this a precedent because normally they have a public hearing for something like this and he wanted to continue that. Commissioner Falk wondered if they had a business that came in with chemicals, would that affect the daycare. Mr. Vrchota stated he was not certain if chemicals were allowed 0 in their Industrial Zone but if it was a permitted use no restrictions would be placed on it if a daycare center were there. Mr. Vrchota stated that this item would be before the Council at the March 18,2008 City Council meeting for a public hearing. OTHER BUSINESS. Mr. Vrchota updated the Planning Commission on related items. ADJOURNMENT. Motion by Cleveland, seconded by Falk, to adjourn the meeting at 7:55 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary 0 TimeSaver Off Site Secretarial, Inc.