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HomeMy WebLinkAbout03/11/08tj C I T Y Q F ND OVE, . • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda March 11, 2008 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — February 12, 2008. 3. PUBLIC HEARING Conditional Use Permit (08 -03) to allow on sale liquor at Beef `O'Brady's Family Sports Pub located at 15190 Bluebird St. NW, 4114, Clocktower Commons. 4. PUBLIC HEARING Comprehensive Plan Amendment (08 -01) MUSA Expansion at Metro Mosquito Control at 1260 Bunker Lake Blvd. NW. 5. 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. 6. Workshop Item: Adding Daycare Centers as a Conditional Use or Permitted Use in the Industrial Zoning District. 7. Other Business 8. Adjournment n U • 0 C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - February 12, 2008 DATE: March 11, 2008 Request The Planning and Zoning Commission is asked to approve the minutes from the February 12, 2008 meeting. LJ ANLb 6 W PLANNING AND ZOMNG COMMISSION MEETING — FEBRUARY 12 2008 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 12, 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, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others APPROVAL OF MWUTES January 22, 2008 Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. PUBLIC HEARING: CONSIDER ULTIMATE FIGHTING ORDEVANCE Mr. Bednarz stated Captain Tom Wells, Sheriff s Department presented information to the City Council on January 22, 2008 and they authorized it to be discussed at a public hearing before the Planning Commission. This has been raised by the Sheriff s Department as a concern because occurrences of "ultimate fighting" have been increasing in the area. Captain Wells reviewed the Ultimate Fighting Ordinance with the Commission. Commissioner Kirchoff asked what ultimate fighting versus school yard fighting was. Captain Wells indicated what they were looking at was more planned events, not • necessary two kids mad at each other. These are planned events and kids gather to watch Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 2 them and video tape them and place them on the internet He stated there could also be a • prize in it for the winner. He stated it is the organization of it that they are looking at. Commissioner Walton asked if the ultimate fights at establishments would also be regulated or stopped. Captain Wells stated that is not addressed in this ordinance. This ordinance is for events that are not held in a facility like that He stated the City has the means to deny a permit for an establishment. Chairperson Daninger asked what the difference was between this and a disorderly conduct He asked if the intent of the ordinance is also to say "present, participate, host" gives it a little more teeth to go after the people who organize it so they realize they are as much at fault Captain Wells indicated that was correct Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:10 p-rrL Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Motion by Walton, seconded by Casey, to close the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Walton wondered if this was too broad or does it cover an event that is officially sanctioned. Mr. Bednarz stated the City has adopted an ordinance prohibiting ultimate fighting at commercial establishments previously. This would be other areas of • town. Motion by Walton, seconded by Falk, to recommend to the City Council approval of the Ultimate Fighting Ordinance as written. Commissioner Kirchoff stated he supported this but wanted to make sure they do not distinguish incidental school yard fighting. Chairperson Daninger stated he would like to have an update on this in a year to see how it is going. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the February 19, 2008 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 • Page 3 PUBLIC HEARING: PERMITTED, CONDITIONAL AND PROHIBITED USES (CHAPTER 12-12) TO ADD CHURCHES AS A CONDITIONAL USE IN THE SHOPPING CENTER ZONING DISTRICT. Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be allowed to locate a church in the Hanson Commons H Shopping Center. Currently the City Code allows churches as a conditional use in each of the residential zoning districts and the Limited Business Zoning District. The proposed site is zoned Shopping Center (SC). An amendment to the City Code would be necessary to allow the proposal to move forward. Commissioner Kirchoff asked what types of businesses cannot be located near a church in Andover. Mr. Bednarz stated typically any establishment that serves alcohol is to be located at least one thousand feet from churches and schools. Note: Staff subsequently identified that the distance is 400 feet for churches (see report). Commissioner Kirchoff thought by allowing a church to be located at a shopping area, it precludes there be a liquor establishment there. Mr. Bednarz stated if there is already an establishment operating in the building or vicinity it would not affect their license or is approval that preceded it Commissioner Kirchoff asked what if a shopping center was still developing and looking for tenants and one would like to come in that serves or sells liquors, would they have a problem. Mr. Bednarz stated that would need to be addressed by the City. Commissioner Kirchoff asked if a church is renting a property, does the owner still pay property tax or does it become exempt property in the commercial district. Mr. Bednarz stated it was his understanding the owner of the center would continue to pay taxes as a commercial entity. Commissioner Kirchoff thought if there is a way to word the code or CUP approval so the owner could have both a church and an establishment that serves alcohol. He did not think this change should be an impediment to development. Mr. Bednarz stated the owner needs to allow a church to lease the space and is making a decision at that point. Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Bill Reinhart, 1478 150 Avenue N.W., stated they would be in favor of doing anything possible to accommodate liquor licenses and would not be an issue to them as a church. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 4 Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:24 p.m. • Commissioner Holthus asked if staff had the letters of support for this item and wondered if the Commission wanted to review them before making a motion. Mr. Bednarz stated he did have the letters. Chairperson Daninger did not think review of the letters was necessary. Mr. Bednarz stated they received nineteen letters of support from Andover residents, seven tenants within Hanson Commons I & H in support and forty -seven letters from people who do not live in the community and presumably members of the church. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Kirchoff asked if the amendment would include anything like an asterisk that states "requires a waiver of any inconsistencies with one thousand foot distance." Mr. Bednarz stated the proposed code amendment does not contain any of that language. Commissioner Kirchoff asked if it could and wondered if he could offer the added language as a part of the motion. Commissioner Falk wondered if it would be in the CUP. Commissioner Kirchoff thought that may be a better place to put it Motion by Kirchoff, seconded by Walton, to recommend to the City Council approval of the Permitted, Conditional and Prohibited Uses (Chapter 12 -12) to add churches as a • conditional use in the Shopping Center Zoning District as presented. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the February 19, 2008 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (08 -01) TO ALLOW COON RAPIDS UNITED METHODIST CHURCH TO BE LOCATED IN THE HANSON COMMONS H SHOPPING CENTER LOCATED AT 1574154 AVENUE NW. Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be allowed to locate a church in the Hanson Commons ll Shopping Center. A proposed City Code amendment would allow this as a conditional use in the Shopping Center (SC) Zoning District Mr. Bednarz discussed the staff report with the Commission. Commissioner Cleveland stated staff indicated there are no technical issues with this. He wondered if that meant items like fire codes and entrances and exits and requisite floor space for the number of people. Mr. Bednarz stated the church will need to submit a building permit application for modifications to the interior. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 • Page 5 Commissioner Walton asked if there were any "no parking" signs on the streets in that area for the neighbors. Mr. Bednarz stated presently there are not He stated this is something that could be considered in the future. Commissioner Falk stated his only problem is for emergency vehicles and if the parking lot is fiill and there was an emergency, how would the City feel about a fire truck going through there with only one exit and if they should put another exit in the parking lot. Mr. Bednarz stated the only other potential exit they would have would be directly onto Hanson unless they took down a portion of the fence and berm and came out behind the building. The Fire Chief did review the site when it was developed and they have a loop road around the building and also in the parking area in front of the building. Motion by Walton, seconded by Falls, to open the public hearing at 7:39 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Bill Reinhart stated he did not have a formal presentation but was at the meeting to answer questions. Chairperson Daninger asked why they would not consider using a school for their services. Mr. Reinhart stated schools have been used by churches. They have approached the principal of the high school and he is not interested right now in having a is church operate in his space because of the extra scheduling constraints they have with their public space in their high school. This would leave them with Rum River Elementary. They were thinking it was likely they will be in that space in the future. Mr. Reinhart stated the trouble is that the schools offer them the space for three or four hours on one day and what they are really looking for is a stepping stone where they can be in the community, meeting the community and serving the community and that four hours is not integrated into the community like this site. That is the main reason. Mr. Reinhart stated the costs to rent an area in the school is quite high and as a group that does not exclusively serve children they pay the second highest rate in their tier rates. It would be approximately twice the costs to be in the leased space but they would get the space 24/7. Chairperson Daninger asked on a religious holiday will they have enough space. Mr. Reinhart stated currently in Coon Rapids they have an average worship attendance of five hundred and they are not looking to relocate that congregation to Andover. They are proposing to build a new community. They do not anticipate to beginning public worship until August with a formal grand opening in October. In the meantime they will be dong community building practices with after school programs, inviting some of the community groups to come and have meetings in their space and meet people in certain communities. They anticipate the maximum they will be able to accommodate i meaningfully in a workshop would be 140. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 6 Chairperson Daninger stated one of the main concerns is parking in the shopping center. • He did not see this as an issue but would need to be reviewed. Chairperson Daninger wondered if there will be an organ in the space. Mr. Reinhart indicated they would not Chairperson Daninger asked if they will have bands. Mr. Reinhart stated they will have some modern equipment such as a drum kit, electric guitar, and electric piano. There will be some level of noise and they will have signing groups. Chairperson Daninger stated the only concern is the noise for the adjoining tenants. Mr. Reinhart stated he has met with all of the tenants and did not think that would be a concern for them. Mr. Reinhart indicated they are very eager to keep open lines of communication between them and other tenants of the building. Commissioner Kirchoff asked if they had a problem with waiving the local liquor ordinance regarding distance. Mr. Rinehart stated they did not and would provide any kind of waiver or accommodation for any business that would reasonably within City Code approval belong there. Commissioner Holthus wondered what their long term plans were for the church. Mr. Rinehart stated they would be looking in the future to eventually grow and move to a larger temporary space such as a public school and eventually looking to build. Commissioner Walton asked if the services in Andover intend to compliment at the same time as the congregation in Coon Rapids or are they supplementing those meeting times in case someone misses the one in Coon Rapids they could come to one in Andover, which would drive up the number of attendance. Mr. Rinehart stated they have approximately twenty -five percent of their first time visitors are coming now from Andover down to Coon Rapids via the Hanson Corridor. There are a certain percentage of their congregants that do live in Andover that might begin to worship in Andover rather than Coon Rapids but their goal is to be reaching people who otherwise would not drive down to Coon Rapids. They are looking to reach out to people who do not have a church family yet but might appreciate the United Methodist tradition that they have to offer. Commissioner Walton asked what the planned orientation of the interior of the building will be. He asked if the drum kit will be up against the Veterinarian wall or will it be on the other end of the building. Mr. Rinehart stated the wall that will be adjacent to the Veterinarian hospital will be where the three classroom spaces will be located at The actual stage will be on an exterior wall. He noted they have a blended style of worship and will have a variety of music. Chairperson Daninger asked if they had any intent to worship on Saturday night Mr. Rinehart stated they have talked about that as a possibility. In surveying the local Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 7 • businesses, they have noted that there are two time slots primarily where there is a little activity in terms of the businesses that are open. One is Sunday morning between 8:00 a.m. and 11:00 am. and the other is Saturday evening after 5:00 p.m. or 6:00 p.m. so they did identify that as a possibility but they have not thought that through because it is a secondary use. Their primary intent is for Sunday morning. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:52 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Walton wondered if there was a reason to put in a crosswalk across 154 Mr. Bednarz stated there is a crosswalk from the middle school at the signal but there is not a painted crosswalk between Hanson Commons I & IL Commissioner Walton suggested they think about putting up no parking signs in the neighborhood. Mr. Bednarz stated when they looked at this at the staff level they did not want to take anything away from the neighborhood because the church is going in. They think that the conditions that are in the approval will allow them to look at that if it becomes an issue. Chairperson Daninger asked if anyone had a concern with Saturday night worship. He stated he did not see anything in the resolution. He stated he would be comfortable • making it known that when they review this that if the applicant wanted to have a Saturday night service they would need to come back for approval. Mr. Bednarz stated their understanding through communications is anything other than Sunday Service would be a small class size, like on a weekday evening. Mr. Rinehart stated the majority of the businesses are not open past 5:00 p.m. or 6:00 p.m. He stated they have charted out almost all of the businesses hours. He stated there is a lot of turn around traffic for Subway and he has never seen the parking lot full. He stated their intent in using the parking spaces other than Sunday morning would be for smaller gatherings, however, if they would like to do a service on Saturday night, that would entail a larger number conceivably. He stated they would never plan an event that would lead to a parking conflict. If they pursue that, they would follow the same course that they have to date. Commissioner Holthus wondered if they planned on displaying any type of cross or signage. Mr. Rinehart stated their understanding from the landlord is there are some signage requirements regarding the storefront property and they would comply with what the signage guidelines are. They do have a cross and flame logo they would intend to be a part of that signage and his understanding was that providing it fit within that dimensional requirements the City has and any other requirements it should not be an issue. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 8 Motion by Walton, seconded by Casey, to recommend approval of the conditional use • permit subject to the conditions in the attached resolution. Motion carried on a 7 -ayes, 0- nays, 0- present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the February 19, 2008 City Council meeting. PUBLIC HEARING: ANTENNA AND TOWER CODE (CHAPTER 9 -12) Mr. Cross explained as telecommunication towers become more prevalent and their technology improves, the City Code needs to be updated to facilitate their review. The current Towers and Antennas ordinance is based on a League of Minnesota Cities model from the late 1990's. An update was done in 2000, but more improvements are needed. Mr. Cross reviewed the current City Code section with the Commission Commissioner Falk asked with a pole that can accommodate three more antennas, does the building have to be built that way also. Mr. Cross indicated the Code does not address that directly. Chairperson Daninger stated the building is typically large enough to handle all the co- location because they share the costs then. Chairperson Daninger asked if an antenna does not have anyone co- locating and is not being used anymore what happens. Commissioner Kirchoff thought they had ninety days to deconstruct the antenna. Mr. Cross stated one of the final sections of the Code is titled "Abandoned Towers and Antennas" and it has pretty explicit language about what they do and it gives the City some grounds to move forward on abandoned antennas to get rid of those should that situation arise. Commissioner Falk asked how the City would know it was abandoned. Mr. Cross stated there is nothing in the Code that requires them to be specifically notified but it is something they could work with cell phone companies on He stated the property where the antenna sits will be receiving lease money and if the lease money is no longer coming in the property owner typically asks that the antenna be removed. Motion by Walton, seconded by Falk, to open the public hearing at 8:07 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Falk, seconded by Walton, to close the public hearing at 8:07 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Motion by Falk, seconded by Walton, to approve the code changes as presented. Motion • carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2008 Page 9 • Mr. Bednarz stated that this item would be before the Council at the February 19, 2008 City Council meeting. OTHER BUSINESS Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Kirchoff, seconded by Falk, to adjourn the meeting at 8:11 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary • TimeSaver Off Site Secretarial, Inc. 0 3 k C I T Y 0 F li 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners CC: Courtney Bednarz FROM: Chris Vrchota, Associate Planner DATE: March 11, 2008 SUBJECT: PUBLIC HEARING Conditional Use Permit (08 -03) to allow on sale liquor at Beef `O'Brady's Family Sports Pub located at 15190 Bluebird St. NW, #114, Clocktower Commons. INTRODUCTION 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. • DISCUSSION The applicants are pursuing a beer and wine license for the restaurant. The attached letter from the applicants outlines their plans for theme and food for the restaurant. The restaurant will be at the west end of the existing retail strip center and will seat between 105 -120. The proposal meets all City Code requirements for a liquor license, including occupancy, food sales, and distance from schools and churches. While they plan on applying for a beer and wine license at the present time, they might consider pursuing a full liquor license in the future if the business does well. While this would require a new liquor license, it would not need a new or amended conditional use permit. In April 2005, an application for on- and off -sale liquor licensing for Clocktower Commons came before the Council. At that time the Council voted not to grant a blanket liquor Conditional Use Permit for Clocktower Commons. Instead each tenant would be required to apply separately for a Conditional Use Permit to sell alcohol. Applicable Ordinances Chapter 12 -5 -6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. • b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the • health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. Attachments Resolution Location Map Letter from the Applicant Site Plan ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. Respectfully Submitted, Chris Vrchota Cc: Tony and Matt Zeece, 15798 Crane Street NW, Andover, MN 55304 Ll 0 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST TONY AND MATT ZEECE FOR ON -SALE LIQUOR AT 15190 BLUBIRD STREET #114 (PID 23 -32 -24 32- 0026), LEGALLY DESCRIBED AS: Lot 5, Block 1, Andover Clocktower Commons, Anoka County, Minnesota WHEREAS, Tony and Matt Zeece have requested a Conditional Use Permit for on -sale liquor, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for on -sale liquor on said property with the following conditions: 1. The applicants shall obtain a liquor license from the City Council. 2. The Conditional Use Permit shall be valid for obtaining one liquor license, for the specified tenant space. 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 14 -6 -D of the Andover City Code. Adopted by the City Council of the City of Andover on this day of 1 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 0 da Co o2 � L Q Ql O U v cc O > o W _ U U N O V S Z Ix W V N >r z C A ❑ � W n N 2 W E IL 3 a a n n Y� o o op 44, V • s ? ? 1 c j p ��yf`, A Yoe l.0,T�� BLUEB � ,/ = awe F. # i' � \ Is IDV9 tS 3l t ewe GA IS NOSNVH . City of Andover, Please review this application request by Z -Bros., Inc., for a Beef `O'Brady's Family Sports Pub Franchise located at Clock Tower Commons, 15190 Bluebird, #114. Below is an Executive Summary of the business we are proposing: Beef `O' Brady's will be a new family sports pub serving the Andover, MN community under the ownership of Z -Bros., Inc., Tony Zeece, President and Matt Zeece, Vice President. Beef `O'Brady's is a family oriented sit -down restaurant and sports pub designed to offer a gathering spot for families in the surrounding Andover community. We emphasize the local sports teams and associations with sponsorships of baseball, softball, football, soccer and hockey associations. The restaurant will be decorated with local sports memorabilia, has numerous TV's, a game room and banquet room. Beef `O'Brady's offers a different type of atmosphere than is currently available in this community. With buffalo style hot wings, hamburger baskets, salads and wraps, it is geared towards the younger families that are so prevalent in this area. Parents and their children of all ages can come to Beef s after the ball game and enjoy food, drink and chat about the game. They can also feel comfortable letting the kids play video games in the game room while watching sports on one of the many TV's located throughout the restaurant. There currently exists only 2 adult bars and a bowling alley in the surrounding area and Beef O'Brady's will meet the unmet demand for a relaxed, family sports style • pub that offers casual dining, beer and wine Sincerely, Anthon e A � Matthew Zeece E • Clocktower Commons Retail Strip Center I I ii • w WE RETAIL CENTER LEASE SPACE EXHIBIT ieomw oases • TO n 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US FROM: CC: Planning and Zoning Commissioners Andy Cross, Associate Planner Courtney Bednarz, City Planne* SUBJECT: PUBLIC HEARING: Comprehensive Plan Amendment (08-01) to extend the Metropolitan Urban Service Area boundary (MUSA) to include property located at 1260 Bunker Lake Road. DATE: March 11, 2008 INTRODUCTION 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. DISCUSSION The area to be added in the MUSA is shown on the attached maps. It's roughly 5.5 acres in size and the zoning is R -1 (Single Family Rural). The area is currently used by a number of Anoka County organizations, including the Highway Department, Anoka County Parks, and the County Sheriff. The size and shape of the area to be added to the MUSA traces the property the Metropolitan Mosquito Control District is leasing from Anoka County. The County is supportive of this Comprehensive Plan Amendment request, but have taken no steps toward adding more land into the Urban Service Area outside of this proposal. The City Engineer has confirmed there is sewer capacity to serve this facility. METROPOLITAN COUNCIL REVIEW If this proposal is approved by the City Council, it will be sent to the Metropolitan Council for final approval. STAFF RECOMMENDATION Staff recommends approval of this request. ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of this Comprehensive Plan Amendment to expand the urban service area to include the MMCD facility. Respectfully submitted, �S Andy Cross Associate Planner Attachments Resolution Map Property Survey Letter from Applicant Letter from Anoka County 4 Cc: Metropolitan Mosquito Control District, 1260 Bunker Lake Blvd NW, Andover, MN 55304 CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -08 A RESOLUTION AMENDING THE 2020 METROPOLITAN URBAN SERVICE AREA (MUSA) OF THE CITY OF ANDOVER TO INCLUDE PROPERTY LEGALLY DESCRIBED AS: That part of the northeast quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the most easterly comer of Parcel 45, ANOKA COUNTY HIGHWAY RIGHT - OF -WAY PLAT NO. 68, Anoka County, Minnesota; thence South 82 degrees 51 minutes 48 seconds West, bearing assumed, along the southeasterly line of said Parcel 45, a distance of 112.34 feet to the point of beginning of the land to be described; thence continue South 82 degrees 51 minutes 48 seconds West, along said southeasterly line, 66.12 feet; thence South 10 degrees 34 minutes 54 seconds East 75.99 feet; thence North 88 degrees 54 minutes 41 seconds West 92.03 feet; thence South 01 degrees 05 minutes 19 seconds West 626.00 feet; thence South 88 degrees 54 minutes 41 seconds East 380.00 feet; thence North 01 degrees 05 minutes 19 seconds East 626.00 feet; thence North 88 degrees 54 minutes 41 seconds West 220.58 feet to the intersection with a line bearing South 10 degrees 34 minutes 54 seconds East from the point of • beginning; thence North 10 degrees 34 minutes 54 seconds East 85.65 feet to the point of beginning. Part of P.I..N. 35- 32 -24 -31 -0001 WHEREAS, the Metropolitan Mosquito Control District has requested the City of Andover to include the subject property legally described above within the Metropolitan Urban Service Area (MUSA), and; WHEREAS, analysis of the City's sanitary sewer trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends approval to the City Council and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1. Extend the Metropolitan Urban Service Boundary (MUSA) to include the property legally described in this resolution. • Adopted by the City Council of the City of Andover on this 18"' day of March, 2008 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk • r tot SR MR rR Ult rs e_ I g q F „M wM • • g R S MtR +� E SQ � � � a • 3 NId AAO 1 en ,m A • MOA • bn sn 1 n OM YR � � � p • sn ea N^ nR tr, RR Meg "" 1 1 RR ° � 83 • dab MM sn m IM. „., • - +R x • M. OM 4j b ` m n '4 W Y R.i 5 r Arl ¢m ru N � � I" • • • • OAIS NOSNVH • '- CL a� o� L CO g yW m m o z Z W LLJ a CL C L $ � ®O❑ r tot SR MR rR Ult rs e_ I g q F „M wM • • g R S MtR +� E SQ � � � a • 3 NId AAO 1 en ,m A • MOA • bn sn 1 n OM YR � � � p • sn ea N^ nR tr, RR Meg "" 1 1 RR ° � 83 • dab MM sn m IM. „., • - +R x • M. OM 4j b ` m n '4 W Y R.i 5 r Arl ¢m ru N � � I" • • • • OAIS NOSNVH • U � C fi ll a a �kiv I :3333 1 QV 1a 3 . �� N0. —_ _ - -- 8 #p i# c #22 COUNTY _ BLVD-Ej E -� �_` L F LAKE UNKER c #1U)b E . - -- ,• �,,;_ -_ pia y 'as 1 g3]E a4 a eg; a! $t ' I Qj 3i i 1 fll Et �y g -------- { N It Ix Wv r r w Vii,; 315 - - -- tla'rx�tl3tl cow �r. itl GAUGER ENGINEERING, INC. consulting engineers 35 W. Water Street, St. Paul, MN 55107 6511227 -1748 • February 4, 2008 Dave Berkowitz, City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Proposed Sanitary Sewer Metropolitan Mosquito. Control District 1260 Bunker Lake Blvd. NW Andover, Minnesota Dear Mr. Berkowitz: As the Owner's Representative for the Metropolitan Mosquito Control District, I have been authorized to request the City of Andover to extend the sanitary sewer along Bunker Lake Boulevard to connect to MMCD site. We request that a feasibility report be prepared at this time. We have attached • a survey of the subject site for your reference. We have also enclosed our check for $ 7,500:00 for the feasibility report expenses. We will determine later if the MMCD wishes to be assessed over a period of time or will pay the assessment up front. Sincerely, R. Richard Gauger, E Licensed in the State of Minnesota cc: William J. Caesar, MMCD Courtney Bednarz, City of Andover gr. co 1 • Anoka County Parks and Recreation ay 550 Bunker Lake Boulevard NW, Andover, MN 55304 March 3, 2008 Andy Cross City Planner City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Mr. Cross: Thank you for the opportunity to comment on the city's proposed Comprehensive Plan amendment to extend the MUSA boundary to encompass the Metropolitan Mosquito Control District facility. The county has been aware of this plan for several months and is in full support. As you are aware, the MMCD facility sits outside of the federal land and water conservation boundary of the park and • is therefore not subject to federal conversion requirements. The county may wish to connect the Parks Maintenance Shop to the new sewer line at some point in the future and we would ask for yoyf)support when that opportunity presents itself. feel free to call me with any questions at 763 - 767 -2860. of Parks and Recreation OPEN SPACES IN NEARBY PLACES Phone: 763. 757.3920 www.anokocountyporks.com fax: 763.755.0230 E5 CJ TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner .P' CC: Courtney Bednarz, City Planne4 SUBJECT: 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. DATE: March 11, 2008 INTRODUCTION 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. DISCUSSION An attached letter from the applicant provides information about the "Flower Mart". The operation is in it's I e year and has 48 locations around the Twin Cities. Drawings and photographs are included to provide additional information. The applicant will also be present to provide background information and to answer questions. Location The proposed location for the "Flower Mart" is in the middle of Andover Station's shared parking area. This location will allow for good traffic circulation around the operation and will not obstruct drive lanes. The central location does not dominate the parking area for any particular existing tenant and preserves the vast majority of parking stalls for shoppers. Festival Foods, United Properties, and Linder's Greenhouse are all amenable to this location. Conditional Use "Outdoor display, storage, and sales" is a Conditional Use in Andover Station's GB — General Business zoning district. The Conditional Use Permit allows the City an opportunity to apply appropriate conditions to the greenhouse proposal. Such conditions may include a one year trial period, limiting the operation to the hours indicated by the applicant, and requiring the applicants to operate only within the dates indicated in their letter. . Economic Development Authority (EDA) This item appeared before the Economic Development Authority on March 0. The EDA unanimously agreed the proposed greenhouse operation is permissible in Andover Station. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVERAN.US Staff Recommendation The greenhouse operation can provide a benefit to the all the businesses in the Andover Station development. The Linders "Flower Mart" has a good reputation and staff feels it could draw more people that would otherwise be attracted to the commercial development. Staff recommends approval of the proposal. ACTION REQUESTED The Planning Commission is asked to review the Conditional Use Permit application, recommend approval or denial, and apply appropriate conditions. Respectfully submitted, (0 � ?dyCross Associate Planner Cc: Linder's Flower Mart Division, 275 W Wheelock Pkwy, St. Paul, MN 55117 • Attachments Resolution Letter from applicant "Flower Mart" location diagram Linder's Greenhouse information • CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR OUTDOOR DISPLAY, STORAGE, AND SALES IN THE GB — GENERAL BUSINESS ZONING DISTRICT IN ANDOVER STATION, LEGALLY DESCRIBED AS: Lot 1, Block 1, Andover Marketplace, Anoka County, Minnesota WHEREAS, Caio Cella has requested approval on behalf of Linder's Greenhouses, Garden Center & Flower Marts of a conditional use permit for a "Flower Mart" greenhouse operation in the parking lot of Andover Station, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -14 -6 Conditional Uses, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit request; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for outdoor display, storage, and sales, subject to the following conditions: 1) The greenhouse operation shall conform in size and scale with the materials submitted with the Conditional Use Permit Application dated February 15` 2008. 2) The Flower Market operation shall operate only between April 1" and July 31" of each year. 3) Hours of operation shall be from 8:00 AM to 8:00 PM. 4) All signage relating to the proposal shall require a sign permit from the City. 5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this 18` day of March, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor 0 Victoria Volk, City Clerk Flower Mart Division _ 275 W Wheelock Pkwy St. Paul, MN 55117 612.685.799310 Fax: 651.255.0445 E -mail: caiocella @linders.com LATER & FLOWER MARTS February 15, 2008 Courtney Bednarz - City Planer City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Mr. Bednarz, Please consider this letter with the attached application form, documents, and information, to be our application for a Special Use Permit. The request is being made to be able to operate a Linder's "Flower Mart" at the Festival Foods Store at 2218 Bunker Lake Blvd NW. I have attempted to provide enough information for you to complete the process. I hope this is what you need to •. process and issue the appropriate permit. ABOUT LINDER'S: Linder's is a family business and has been growing and selling high quality flower and vegetable plants for over 90 years. We grow most everything we sell other than nursery stock, some perennials, and specialty items, and have two large growing locations: St. Paul and Lake Elmo. During the last eighteen years we have developed our "Flower Marts" and have placed them. throughout the Twin Cities. In 2007 we operated at forty eight different locations. During our season we sell all types of annuals, perennials, hanging baskets and other products for use in the home garden. Because we are well known as a quality grower, many gardeners seek us out to supply their planting needs. Locating in areas around the cities enables us to serve our customers better. It is also an opportunity for neighboring business owners to provide their customers with quality flower and vegetable plants conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. We grow quality bedding plants as well as other seasonal products for sale both wholesale and retail. Linders guarantees all our products and because we are a year -round business, our customers can come to us even after our remote "Flower Marts" have closed for the season. We take great pride in our "Flower Marts" and are proud to display our name on them and carefully sign them to identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we look. We are very proud of our reputation and do everything possible to be the best in this market. LJ THE MARKET: We feel that the Festival Foods location may be an excellent place to locate a Linder's "Flower Mart". This could be an opportunity to serve our customers in your community with a nearby convenient shopping location where they can buy quality plant materials from a local Twin Cities grower. We are experienced in this kind of operation and feel that we are doing an excellent service for our customers and our surrounding communities. LOCATION: The area needed is typically 90 feet by 60 feet (about 5,400 sq. ft). This size includes the garden center itself and the patio areas connected to the Flower Mart. We will locate in a place that is some distance from the front of the other businesses and out of the main stream of traffic, both pedestrian and vehicular. We want to give the Flower Mart visibility to the public without obstructing the visibility of the other neighboring businesses, and at the same time have good visibility in order to. attract customers into the lot. TRAFFIC: With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep any traffic disruption to a minimum. The patio areas at the front, side and back serve to protect the "Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is.- about.4 ft high and surrounds the "Flower Mart". on three, sides. This design has been used at our "Flower. Marts" for several years and we have yet. to have had a problem with vehicle movement. We feel that.this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park adjacent to the "Flower Mart". The circulation of vehicles in the parking lot will not be adversely affected by the "Flower Mart" due to its location in the lot. PARKING: We have designed the "Flower Mart" as we did because we feel that this is the most professional design and uses the available space to its maximum potential. Linder's has operated "Flower Marts" successfully for eighteen years in communities surrounding the Twin Cities. It has been our experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected considerably due to the sharing of customers with our property owner. We bring in many customers, but they are easily handled by the size of the lots we occupy. We do not want to create a congestive atmosphere for our customers or neighboring businesses. The . "Flower Mart" generates business activity which varies during the business day with the most activity occurring in late afternoon and evening. There is also.business activity occurring on the weekends with the most on Saturdays. Having done this type of operation for eighteen years, it would be safe to say that the average amount in the "Flower Mart" at any one time is about five to six customers. The maximum amount of customers may be up to ten. There are certainly times when special sales occur that higher levels of activity may occur, but we have never seen so much that a problem has occurred in relation to the amount of cars or pedestrian traffic. F 1 LJ 0 THE "FLOWER MART ": The typical "Flower Mart" itself is 72 feet long and 21 feet wide and 12 feet high. There are patio /display areas in the front, side and rear of the "Flower Mart". The entire size is 90 feet by 60 feet with total of 5,400 sq feet. See the attached drawing. The size and configuration can be adjusted somewhat in order to meet the available space. The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement an d is held down with an internal system which uses water for ballast. It is a commercially made unit, which is manufactured by a Minnesota company (Poly -Tex, located in Castle Rock, MN).,It is a very good looking structure which we have used for many years. ADVERTISING: Linder's has established an extensive advertising program, which includes a large presence on television, with commercials and other appearances by our staff. The Linder's name is synonymous with quality, selection, and service. Our two year warranty on most products has established us as a leader in this industry. We, also use radio, both major newspapers, local papers, brochures, and other mailings to convey our message. We make extensive efforts to bring in customers sawe can be successful as well as all other merchants. SIGNAGE: The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe to be an excellent signage plan. We have tried to design the appearance and signing of our stores to be riot only eye catching but professional looking as well. We are very conscious of how we look and do business. We would comply with the current sign requirements of the City of Andover. UTILITIES: Our only utility requirements are reasonable access to water for the plants and 110 volt electricity (on 24 hours) which runs the cash register and other small items in the "Flower Mart ". This power typically comes from a light pole in the lot nearest the "Flower Mart. We have no lighting permanently installed in the "Flower Mart". Linder's takes away all discarded material and unnecessary items. We strive to maintain a clean and professional appearance. Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart". The source of the water is not specifically identified at this point. Hopefully a source can be located nearby or from the underground watering system. We only need the equivalent of a standard gardening hose to water the plant material. THE SPRING SELLING SEASON: The selling season to be from April 15 thru July 20 (weather dependent). We typically begin preparations to set up all of the Linder's "Flower Marts" in the middle of March. We request the . necessary time to build the "Flower Mart" before the season begins. We first deliver the necessary equipment to the location and then begin setting -up the "Flower Mart" when the weather is i permissible. The "Flower Mart" is taken down and totally removed on the closing day of the season. We totally clean and sweep the location in the parking lot so that once we are gone there is no evidence of our having been there. OUR HOURS: Our hours are 8:00 AM until 8 :00 PM weekdays and 8:00 AM until 8:00 PM on most weekends. We typically have two to three employees during weekdays and three to four during weekends. We are open seven days a week during the season. The "Flower Mart" is closely supervised by myself and several District Managers who keep it stocked and operating cleanly and efficiently. We make every attempt to employ persons from the community. I have tried to provide all of the information about Linder's to answer your questions. If you have any other questions or concerns you can reach me at any time on my cellular telephone 612- 685- 7993: Sincerely, Caio Cella Division Manager — Flower Mart • n:; .. ��� 4.5. � �. • a� v� ken p k2Il� Law gft 3 � a i _ !F r � , � -' � I 1 �� _ fir- -:. �•� l i ^ f uo' .] f ! x °�Z I •'v, wi f y: e _ • 765, «J s � ' �?`......., i � y r wU _ V � ,� Y•. H all A O z •� I m = • ! _ —• °gy p= ' I'r I t 1 I I I't 1 t� ..J .. m d 1 � I! I I I I I � 1 1. 1 1 1 1 •.• _ � m �, f' �; I 1 b.l I•I. 1 i Li.Y I•I .............. ........._- -° • a_......- :: m&us xsnuHi {. _ . U =Y E i • CA O O w > w O C� a., O O b Be W N In U_ � 3 mU C R a� O � II � N f V ^ V n x v (V � • s J, e, s � ZMlo 4 kj]F 'R"i��L � � .�^ � 1 �� �` V 1� K . ; 1 I> � Y S „a� 11 -"3 9r� C`` � r 1 I / / x x � "aS� m:' n' ® r�I �� rte•• /� J ��) 5 f 7, 1; 'A. M 1 r AYL. f - • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning Commissioners FROM: Will Neumeister, Community Development Directorl {,�� (Presented by: Chris Vrchota, Associate Planner) SUBJECT: Workshop Discussion Daycare Centers -- Permitted or Conditional Use in Industrial Zone? DATE: March 11, 2008 INTRODUCTION 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 Hughs 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 corner of 162 and Round Lake Boulevard. 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 and State daycare requirements before they could occupy the space. The Planning Commission is asked to review the proposal and make a recommendation on whether the City Code should be changed to accommodate daycare centers in the industrial zone. Also, please make a recommendation on whether they should be a Permitted or Conditional Use. Due to the emergency involving the existing location burning, the City Council directed this to be handled as quickly as possible. Therefore the Public Hearing has been advertised to be held at the next Council meeting on March 18, 2008. All daycare centers must be inspected and follow rules and guidelines issued by Anoka County, the State and also meet all Uniform Building and Fire Codes. This location will need to have a sprinkler system installed (for fire suppression) before a daycare can operate there. The owner of the building is pursuing getting the appropriate individuals • from those governmental departments to inspect the space and determine if they can occupy it. Staff recommends that it be made a conditional use because there may be some situations where a daycare center may not be appropriate in industrial zoned property. There are some areas in our industrial parks that may have "attractive nuisances" that need to be secured or screened from children in the vicinity. That is the primary reason that staff recommends the conditional use designation. Some could argue that in today's world there is a need for on -site daycare in industrial developments, and that may be a reason to allow them in industrial zoned property. The question is, do you want them to only have to obtain a building permit and get the State and County approvals before they open for business, or do you want more oversight and the ability to place conditions on them? Making it a conditional use may take longer for this particular daycare to get the proper approvals, but it may be prudent to be cautious in how this is handled and take the time to make a proper ruling than a quick judgment. Also note that daycare centers are a permitted use in all the City's business zones. Recall that all retail uses are a conditional use in the industrial zone. The Karate School located in the building where Hanson Builders is located had to obtain a CUP before they could open. ACTION REQUESTED The Planning Commission is asked to hold a workshop discussion on the issue and make a • recommendation to the Council. Respectfully Subm itted, Will Neumeister Attachments: Potential Code Change Uses chart from Zoning Code �J —2— CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 12 -13 -3 OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code Section 12 -13 -3 of the City of Andover is hereby amended as follows: (underlining represents words to be added) Add to Conditional Uses in the Industrial Zoning Districts — Daycare Centers (Commercial) Adopted by the City Council of the City of Andover on this 18 day of March, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk E I SM • 0 I T U�. XX X UU s a rj z a a n. X X X 1 :1. U a. r a s U X X a. X U Z a p X X a. 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