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Home My WebLink About04/08/08r , 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 April 8, 2008 Andover City Hall Council Chambers 7:00 a.m. 1. Call to Order 2. Approval of Minutes —March 11, 2008. 3. PUBLIC HEARING Conditional Use Permit (08 -04) for on sale liquor license at 13797 Jay Street NW. 4. PUBLIC HEARING Preliminary Plat of Andover Station North 2 " Addition to create two lots for commercial development from 13753 Ibis Street NW. • 5. PUBLIC HEARING Preliminary Plat of Andover Station North 3` Addition to create two lots for commercial development from 1730 139' Lane NW. 6. PUBLIC HEARING City Code Amendment to change the restaurant parking requirements of City Code 12 -13 -8. 7. 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, 3160 162 "d Lane NW and 3121 161 Avenue NW. 8. Other Business 9. Adjournment E C I T Y O F NDOVE 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 FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - March 11, 2008 DATE: April 8, 2008 Request The Planning and Zoning Commission is asked to approve the minutes from the March 11, 2008 meeting. 0 U NDOVE 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 E APPROVAL OFAIINUTES. February 12, 2008 Motion by Casey, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08 -03) TO ALLOW ON SALE LIQUOR AT BEEF `O' BRADY'S FAMILYSPORTS 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, 0 -nays, 0- present, 1- absent (Kirchoff) vote. 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 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 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, 0 -nays, 0- present,. l- absent (Kirchoff) vote. Motion by Walton, seconded by Falls, 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, 0 -nays, 1- absent (Kirchoff) vote. Mr. Vrchota stated that this item would be before the Council at the March 18, 2008 City Council meeting. PUBLICHEARING. COMPREHENSIVEPLANAMENDMENT (08 -01) MUSA EXPANSIONAT METRO MOSQUITO CONTROL AT 1260 BUNKER LASE BLVD. 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 Regular Andover Planning and Zoning Commission Meeting Minutes —March 11, 2008 • 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, 0 -nays, 0- present, 1- absent (Kirchoff) vote. • 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, 0 -nays, 0- present, 1- 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, 0 -nays, 0- present, 1- 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) TOALLOW CINDER'S FLOWER MART TO BE LOCATED AT FESTIVAL FOODS AT 2218 BUMffR • L4AEBLVD. NW. Chairman Daninger stepped down from discussion because of conflict. Regular Andover Planning and Zoning Commission Meeting Minutes —March 11, 2008 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 a 5 -ayes, 0 -nays, 0- present, 1- abstain (Daninger), 1- absent (Kirchoff) vote. 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 carved on a 5 -ayes, 0 -nays, 0- present, 1- abstain (Daninger), 1- absent (Kirchoff) vote. Motion by Walton, seconded by Falk, to recommend approval of the Conditional Use Permit Motion carried on a 5 -ayes, 0 -nays, 0- present, 1- abstain (Da 1- absent (Kirchoff) vote. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2008 • 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 (1) 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 162 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 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 zo ning 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 • answer questions. Regular Andover Planning and Zoning Commission Meeting Minutes —March 11, 2008 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 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 Da 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 home to the easy access to their commute and that is with all of her daycares and other daycares that she knows. is Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2008 • 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 • 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, 0 -nays, 1- absent (Kirchoff) vote. Respectfully Submitted, • Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. C T Y O 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: Andy Cross, Associate Planner 4;t CC: Courtney Bednarz, City Plannei ' DATE: April 8, 2008 SUBJECT: PUBLIC HEARING Conditional Use Permit (08 -04) for on -sale liquor license at 13797 Jay Street NW. INTRODUCTION The applicants are requesting a Conditional Use Permit (CUP) for on -site liquor sales at a new restaurant in Andover Station North. DISCUSSION IS The applicants are pursuing a beer and wine license for their new restaurant called Moose Knuckles. The proposal meets all City Code requirements for a liquor license, including occupancy, food sales, and distance from schools and churches. 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. ACTION REQUESTED • The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. Respectfully Submitted, Andy Cross Associate Planner Cc: MBG Holdings, Attn: Andy Stoner, 15190 Bluebird St, Suite 108, Andover, MN 55304 Attachments Resolution Location Map Site Plan is • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR MBG HOLDINGS, LLC FOR ON -SALE LIQUOR AT 13797 JAY STREET (PIN# 34- 32- 24 -14- 0010), LEGALLY DESCRIBED AS: Lot 4, Block 3, Andover Station North, Anoka County, Minnesota WHEREAS, Andy Stoner has requested a Conditional Use Permit for on -sale liquor on behalf of MBG Holdings, LLC, 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 subject property. 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 15' day of April, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 3 S a P i S p y D 9 � r a n I IH6 o - Ins n a Ins A D m s w o i rn m xwa \ C z o m m o�'i Q. m V 9 y m D oz z a m Z N;a N N m y n z U) —i, D � go m < o m AH I- aac ' fHr lot* v � z ' D e z C Cr 9 S ti n � • [ p:s = m • N la 0 30 60 SCALE B92- -_ - - -_ I �I 1II ---- Top Nut Hydronl =8947 a `m N Tap Nut HytlrOnt =896.1 — 1 SB9'27'50sE \ 27B. i - -- SAN MI+__ n `�' DIP �w rxe I I I R.E.= 2.6 _ n < ;' '�BSy Btrw1. Dra agar-- 6- -11ui, o mt -- I 1 x 892.7 <_ LEN. 878.8 � s LE.S. &E. e)8.9 / o e" vvc �BSx� RE. 8 2.1 138TH �. , .W. ° \ / 1 1 a a I'. 24.0' 13 10.a LANDSCAPE AREA 4 LANDSCAPE �I B 7 Xii AREA C I W W IN m/ a ( LANDSCAPE _ \\ ° AREA PanO 6 24 -1 -, 8' 18'- I- 24' --V- 6'S O 25' v n !� 4' LANDSCAPE 41 ge o] < r \ \ \ O � . � - � O• AREA N � i � fO �IUmMws grlx� B� SAN MH Ifi E \ _ :� 40 `5) =8786 ` \ -- - - aBB . \ I I NOTE: ALL DIMENSONS At < TO THE BACK 0/ THE CU 9B� v ISO xtun aces �nyrr +u:-. £t # \ ! 319.42 [rUittt RE \ S88'18'31'E n ,00 I S 40 V BIRININOUB BIIRfaCE A / �— i v ^/ EXISnNG BANK 0 Floor Fran Drawing (Woose Xnuckles) l M a Ll Iii U M� PULL TABS C 01D Q LqD- l- UPPER DEM SEATING 6B �rl BAR SEATING 73 nea 18- PULL TABS C 01D Q LqD- l- if �rl BAN OAR LOVER DEC( SEAtWG 21? SEATNG 26 SEATING '14 0 - AP ,r- A-110C- 0. " Wb C r4r� 0 - AP ,r- A-110C- 0 ECevataon IDrau ings for uMOOSEKNUCKLES GRILL HOUSE" 0 0 4 VNDOVER T Y O F 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: Chris Vrchota, Associate Planner M SUBJECT: PUBLIC HEARING Preliminary Plat of Andover Station North 2 "d Addition to create two lots for commercial development from 13753 This Street NW. DATE: April 8, 2008 INTRODUCTION 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 Bluefm 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. DISCUSSION Bluefin Pool and Spa is proposing a 90 -foot addition to the existing retail strip center. Zero lot line construction has already been approved for this site. Bluefm will leave the building 10 feet short of the south property line, meaning their store will complete the retail center. The property is zoned GB and will not need to be rezoned for the proposed use. Lots As shown in the table below, both lots will meet all requirements for the GB zoning district. • Utilities Utilities were constructed approximately 10 feet into Lot 1 when Northpointe Plaza was built. They are located in the 65 -foot drainage and utility easement on the east side of the property and will be carried through to Lot 2 through the same easement. Park Dedication Fees Park dedication fees will be included in the sale price of the properties. GB Requirements Lot 1 Lot 2 Lot Width 100 feet 100 feet 156 feet Lot Depth 150 feet 324 feet 326 feet Lot Area 20,000 s.f. 32,484 s.f 57,051 s.f • Utilities Utilities were constructed approximately 10 feet into Lot 1 when Northpointe Plaza was built. They are located in the 65 -foot drainage and utility easement on the east side of the property and will be carried through to Lot 2 through the same easement. Park Dedication Fees Park dedication fees will be included in the sale price of the properties. Access • There is a driveway from Ibis Street to the existing Northpointe PIaza property and another driveway stubbed to Lot 2 of this development. There is no driveway to Lot 1. A cross access agreement has been recorded for the existing property- it will be amended to clarify that all three properties will share the two driveway accesses. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed plat subject to the conditions listed in the attached resolution. Attachments Resolution Location Map Preliminary Plat Proposed Site Plan Respe tfully submitted, e ll Chris Vrchota 0 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF . "ANDOVER STATION NORTH 2 ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 3, ANDOVER STATION NORTH, ACCORDING TO THE RECORDED PLAT THEREOF, EXCEPT THE NORTH 195.00 FEET THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat of Andover Station North 2 nd Addition; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the proposed preliminary plat 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 approves the preliminary plat of Andover Station North 2 nd Addition, subject to the following conditions: 1. The preliminary plat shall conform with plat drawing revised March 31, 2008. 2. Each building site shall be required to complete the commercial site plan review process. 3. Grading and storm water management plans shall be approved through the commercial site plan process. 4. Each of the lots is member of the Andover Station North Owners Association. 5. A cross access agreement allowing access between Lots 1 and 2 and the property located at 13783 Ibis Street NW in perpetuity shall be recorded with Anoka County. Lot 1 will not be allowed direct access to This Street. Adopted by the City Council of the City of Andover this day of , 2008. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 " (a. _ _� a Q BWI Z O ~ m w L1 a .. > O Fsm7 =— �J ct Q m 2 O U ) U_ � .d O N N — ai o C4 �Q N L > O Z � W Z W �'i ?! m m H U a a a 3 ti co �p a .P ❑ d 6 w D o p NQ 5 i cca Sim IM13 ' an Mn u: +a HAN —_— t- o \\ c /// OT ^ \` 'u' g Ir sou Z o _ _� a Q BWI Z Z o ~ m w L1 O Q > O Fsm7 =— �J / \ 2 C9 -E7mrx" IPPY PUZ = uqw � ®ma ls --J gar d 40 utwFud t.i a -1, fff V AN PJONMrwg u"PODJD 9NL W�� WTWIW � 0 Ama" 41JON ?Or_.S "OPUV Vi M4 1 C' MOOM lal 10 IJDA + I CA 9 f�-, r ----- ---------- II II II .e ii II II II II II II II II ----------- J L ----------------- sff= Ing wj I T F vj Qj lzk !IRS a ll; L 9 f�-, r ----- ---------- II II II .e ii II II II II II II II II ----------- J L ----------------- sff= Ing wj I vj !IRS A 0 J am' 11 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioner FROM: Chris Vrchota, Associate Planner SUBJECT: PUBLIC HEARING Preliminary Plat of Andover Station North 3` Addition to create two lots for commercial development from 1730 139 Lane NW. DATE: April 8, 2008 INTRODUCTION The plat is being pursued by the Andover Economic Development Authority (EDA), which owns the property. This would allow the EDA to move forward with land sales for both properties. DISCUSSION A purchase agreement has been reached with a daycare owner on Lot 2, and the EDA is close to reaching an agreement with a dry cleaner for Lot 1. A lot split had formerly been approved on this lot but was never recorded because the land sales fell through. The property is zoned GB and will not need to be rezoned for either proposed use, though the drycleaner will need a Conditional Use Permit. Both lots will exceed lot width, depth, and area requirements. Utilities Utilities were stubbed to the property when Jay Street was constructed in 2005. The stubs are located in the drainage and utility easement at the south comer of Lot 1. Park Dedication Fees Park dedication fees will be included in the sale price of the properties. Access There will be a driveway entrance off 139 Lane on the north side of Lot 1. There will be a cross access agreement across Lot 1 providing driveway access to Lot 2. The cross access agreement is a condition of approval for this plat. No direct access onto Jay Street will be permitted for either lot. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed plat subject to the conditions listed in the attached resolution. Attachments Resolution Location Map Preliminary Plat Proposed Site Plan . Res miffed, Chris Vrchota CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER STATION NORTH 3RD ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: LOT 24, BLOCK 1, PARKSIDE AT ANDOVER STATION, ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat of Andover Station North 3` Addition; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the proposed preliminary plat 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 approves the preliminary plat of Andover Station North 3` Addition, subject to the following conditions: . 1. The preliminary plat shall conform with plat drawing revised March 31, 2008. 2. Each building site shall be required to complete the commercial site plan review process. 3. Grading and storm water management plans shall be approved through the commercial site plan process. 4. Each of the lots is member of the Andover Station North Owners Association. 5. A cross access agreement allowing access between Lots 1 and 2 in perpetuity shall be recorded with Anoka County. Neither Lot 1 nor Lot 1 will be allowed direct access to Jay Street. Adopted by the City Council of the City of Andover this day of , 2008. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 xu a W 3 8 z � N Y > m � am 3 t Q ,rn + � z O U_ O m m m y u o WQ 2 0 c n OZ W (7 ¢ W - N O o W IL a 3 a moo � Q o f � O xu a W 3 8 z � N Y � + � z I if V IM 4 zip 1 AD�- * 8 p /4 of V -1 O 0 va O 0 • LOT x Parkside t * A.= 'station Andow MA 34, T. 32. R. 216 � Go" 11W1 CrontoMn . 8o=NX Preliminary Plot 753-755-5100 Andow Station North 3rd Add] M 17 Msroe 0 0 • n O1 H A R L ' g f L G L y � V a PIA RA I L R I Ey 15 O h l FI �v6 a 9 aaL K. R� M FOUNDATION HILL MONTESSORI & DAYCARE Andover, Minnesota W� n W� I / / d Q \ yy I $ @ A e { 5 \ it ' / \ ._.._.... ■iT.�i: o I I•I I ti � • II II � II II � PENLTREEN \ � v �v6 a 9 aaL K. R� M FOUNDATION HILL MONTESSORI & DAYCARE Andover, Minnesota W� n W� I / / d Q \ yy I $ @ A e { 5 \ it ' / \ ._.._.... ■iT.�i: \ I A! PENLTREEN \ � v ■■�� > vme.. \ \ \ ♦ 11l / 7 �v6 a 9 aaL K. R� M FOUNDATION HILL MONTESSORI & DAYCARE Andover, Minnesota W� n W� I / / d Q \ yy I $ @ A e { 5 \ it ' / \ \ I A! \ � v � > \ \ \ ♦ 11l / 7 GG \ \ p a \ \ \ \ 7 lyA4 �v6 a 9 aaL K. R� M FOUNDATION HILL MONTESSORI & DAYCARE Andover, Minnesota W� n W� I / / d Q \ yy I $ @ A e { 5 \ it ' / M C I T Y O F ND OVE 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 FROM: Chris Vrchota, Associate Planner tV / SUBJECT: PUBLIC HEARING City Code Amendment to change the restaurant parking requirements of City Code 12 -13 -8. DATE: April 8, 2008 INTRODUCTION The owners of the proposed "Moose Knuckles" restaurant have 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 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. DISCUSSION The basic parking requirements for the other cities and the number of stalls that would be required for this site are as follows: 1 0 city Parking Requirements Requirements for This Site Andover 1 per 40 s.f. of dining/bar area. 162 1 per 80 s.f. of kitchen area Anoka 1 per 40 s.f. of diningibar area. 162 1 per 80 s.f. of kitchen area. Blaine 1 space per 40 s.f. of bar area 92 1 space per 100 s.f. of dining area. 1 space per 200 feet kitchen area Coon Rapids 1 per every 2 seats, plus 1 per 149 + Employee Parking 40 s.f. of banquet/meeting area, plus one per employee on the largest work shift. Maple Grove 1 per 40 s.f. of dining/bar area. 162* 1 per 80 s.f. of kitchen area. Saint Louis Park 1 per 60. s.f. of floor area 118/123 (total of dining, patio, and kitchen/total s.f. of buildin h Bloomington 1 space per 2.5 seats. 119 Edina 1/3 maximum seating capacity, 99 + Employee Parking plus one per employee on the major shift. Ramsey 1 per 3 seats. 99 *The majority of new restaurants in Maple Grove are in the developing commercial area adjacent to I- 494. These restaurants are generally part of a strip mall or are set into the parking lot of a larger development. Shared parking or parking requirements established as part of a PUD are the norm. Reviewing these numbers provides two important details. 1. Every city's parking requirements for this site are lower than Andover's except for Maple Grove, which uses the same formula in their code. (As noted in the footnote, however, these standards are rarely used.) 2. While the requirements in the other cities are lower, the proposed parking for Moose Knuckles would only meet the requirements of two cities, Blaine and Ramsey. Ll Patio Area It should be noted that the inclusion of a patio on the Moose Knuckles site is having a twofold impact on the parking situation. The additional seating capacity increases the amount of parking needed, while the area taken up by the patio reduces the amount of space available for parking. While the patio will not be in use year round, parking does need to be provided for the area. Without a change to the code or a variance, the patio might not be able to be opened. • Staff Recommendation Staff recommends moving towards a parking requirement standard based on the seating capacity of the proposed restaurant. It would eliminate additional parking stalls being provided for open floor area. Staff feels that Edina's standard= 1 stall for every 3 seats plus one stall per employee on the largest shift- would be a reasonable option. Attachments Resolution ACTION REQUESTED The Planning Commission is asked to review the proposed code amendment and make a recommendation to the City Council. Respec 1 sub tted, hri Vrchota Associate Planner 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 0 AN ORDINANCE AMENDING CITY CODE SECTION 12 -13 -8 OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code Section 12 -13 -8 of the City of Andover is hereby amended as follows: (Bold and underlinins represents words to be added. Stfike eut represents words to be removed.) 12 -13 -8: OFF STREET PARKING REQUIREMENTS H. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: Restaurants, cafes, private clubs serving food and /or drinks, bars, on sale nightclubs g FOS . fleeF area o f diniRg and baF area squaFe feet of kitnhen area 1 stall for every 3 seats plus one additional space for each employee on the largest shift. Adopted by the City Council of the City of Andover on this CITY OF ANDOVER ATTEST: day of , 2008. Michael R. Gamache, Mayor Victoria Volk, City Clerk 9 7 • ANL6 Y O F 61 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner 1� CC: Courtney Bednarz, City Planne+ SUBJECT: 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 NW, 3138, 3149, 3160, 162 Lane NW, and 3121 161 Avenue NW. DATE: April 8, 2008 INTRODUCTION S 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. DISCUSSION The Industrial (I) zoning classification is appropriate for most of the properties in the industrial parks. The light manufacturing, exterior storage, and heavy trucking are what the parks are intended for. However, properties along Round Lake Boulevard and 161 Avenue are seeing increased commercial exposure and could benefit from a wider range of permitted retail and service- oriented land uses. The General Business (GB) zoning classification would open a wide range of opportunities for commercial growth on the subject properties. The properties under consideration for rezoning are as follows: 1) 3149162 " Lane 2) 3160162 "d Lane 3) 16191 Round Lake Boulevard 4) 16157 Round Lake Boulevard 5) 16125 Round Lake Boulevard 6) 3121 161 Avenue Staff feels there may also be merit in considering 3138162 " Lane to be rezoned. The property is currently occupied by Andover Awards & Apparel and has a Conditional Use Permit to conduct retail sales in the Industrial Park.. In the future, this lot could develop with the vacant adjacent lot at 3160 162 Lane as valuable commercial property. A map is attached showing where these properties are located. Existing Uses There are no existing uses on the subject properties that would become nonconforming if the rezoning were approved. The used car dealership located at 16191 Round Lake Blvd can continue to operate as a conditional use in the General Business zoning district, the liquor store will be a permitted use, and the lattice telecommunications tower will remain in its current nonconforming status (new lattice-type towers have been prohibited since 2000). The multi - tenant building at 3149 162 " Lane will be permitted to have retail and service businesses as tenants. Property Taxes A concern among the subject property owners has been whether or not this rezoning would result in higher property taxes. John Leone, Commercial Property Assessor with Anoka County, indicated that the availability of City sewer and water to this area would remain the largest factor in affecting property values and taxes. A change in the zoning district would have a negligible effect on the owners' property taxes. As with all rezonings, the City must meet one of the two following findings provided by Minnesota State Statute: 1. The original zoning was in error. 2. The character of the area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the expansion of County highways leading to the subject properties. Vehicle traffic has increased in the area and properties along the major thoroughfares are appropriate locations for a range of general business land uses beyond what the Industrial (I) zoning district permits. ACTION REQUESTED The Planning Commission is asked to recommend approval of the rezoning from Industrial (I) to General Business (BG) for all seven properties based on the fact that times and conditions have changed. Respectfully submitted, Attachments Resolution Location Map Andy Cross Permitted Uses Table Associate Planner City Council Minutes — March 18, 2008 Cc: Jim & Kari Larson, 27554 Ulysses Drive NE, Isanti, MN 55040 Dave Koolmo / JAMAX, 2324 169 Lane NW, Andover, MN 55304 Rumble Bee Properties LLC, 16191 Round Lake Blvd NW, Andover, MN 55304 AVR Inc. 14698 Galaxie Avenue, Apple Valley, MN 55124 . Joe & Rita Kowal, 3121 161" Avenue NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12 -3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12 -3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter 12 -3, The Zoning District Map of the City of Andover is hereby amended as follows: Rezone properties from I — Industrial to GB — General Business the following properties legally described as: 1) 3149162 d Lane NW: Lot 1, Block 1, Hughes Industrial Park, Anoka County, Minnesota 2) 3160162 "d Lane NW: The West 250 feet of the South 233 feet of the North 1984.99 feet of the West half of the Northwest half of Section 16- 32 -24, Anoka County, Minnesota. 3) 16191 Round Lake Blvd NW: Lot 1, Block 1, Westview Industrial Park, Anoka County, Minnesota 4) 16157 Round Lake Blvd NW: Lot 2, Block 1, Westview Industrial Park, Anoka County, Minnesota 5) 16125 Round Lake Blvd NW: Lot 3, Block 1, Westview Industrial Park, Anoka County, Minnesota 6) 3121161" Avenue NW: That part of the Southwest Quarter of the Northwest Quarter of Section 16 -32 -24 described as follows: Beginning on the Southeast corner of the Southwest quarter of the Northwest quarter of Section 16- 32 -24, thence westerly on the South line of said quarter a distance or 461 feet to the actual point of beginning, thence northerly to the east line of the Southwest quarter of the Northwest quarter to a point a distance of 2106.01 feet south of the north line of Section 16- 32 -24, thence westerly to the south line of said quarter to a point a distance of 650 feet east of the west line of the Southeast quarter of the Northwest quarter a distance of 78.98 feet, thence westerly to the south line of the southeast quarter of the northwest quarter of section 16 -32 -24 to a point 370.42 feet east of the west line of said quarter. Thence southerly to the west line of the southwest quarter of the northwest quarter to a point on the south line of said quarter a distance of 370.42 feet east of the southwest corner of the southwest quarter of the northwest quarter of section 16- 32 -24, thence easterly on the south line of said quarter to the point of beginning, Anoka County, Minnesota. 7) 3138162 Lane NW: 0 The East 150 feet of the West 400 feet of the South 433 feet of the North 2184.99 feet of the West half of the Northwest Quarter of Section 16, Township 21, Range 24, Anoka County, Minnesota. This rezoning is approved based upon the fact that, with the expansion of the Anoka County Highways giving access to the subject properties, the character and commercial exposure of the area has changed an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this 15" day of April, 2008. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor L� ~c. 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( W U C m .N w G •N m o 0 O N m O N U O OU 0 oa m oa CO NoaaEa Na c c m 10 0 M V 0 • 0 0 M 0 M o w - C •- O C r 0 M Cc 0m°== a- ao m w N L ' N 'C N U A O N ++ N L L O r ID w N U > C L > L w mm- _ - mm- - m L 0 L y 3 C L y m L •a L •O L U Q (D m C N Y+ N m 0 m C) •3 m� € m' m = m N U N U O m a m m 00 t N N N E m 0 c a C C >�m� T O C m CO ° °� �. a 0 7 vt m >t ( D >.L m Ntv N my m E 3�m E ;aw (D To�oc CL N m M N 2 m 2 CD w;4 m;2 o C 3 N O; N O E i+ Caw COw E o mo m mrn m E U �j ua 3v °' (d C C m C m� m > c c >oc dawma -5 ma N C 0 N v C m N O m 0 O A t IS AA N t L o m m m c � N r c E r LO CL �m > E m t a)== O O 2 a O 0 d O) m C C € C1 c 9 c CL 5 p c Co m C ° J N m m `0 N m U m N N N L U 9 N v a > a C Q v m U �? d m L Na O a 0 m i�a m � o O p w U and 7 H o a 0 0 m a c c � to N 3 t 0 w 0 0 AN O 7 C E ° •C U m E N a m U) N m m Q U) 7 N CD 0 U U VJ ca Qn d N M 4 vi .16 t-� 00 C� Regular Andover City Council Meeting Minutes — March 18, 2008 Page 3 Item 2 Approval of Claims Item 3 Order Project/07- 40/Wayside Horns/Crosstown Boulevard NW (See Resolution No. R020 -08) Item Order Plans & Specs/0747/Railroad Quiet Zones/161 Avenue NW (See esolutionNo. R021 -08) Item 5 A ve Joint Powers Agreement with City of Coon Rapids/Water System Inters ects Item 6 Approve lication for Exempt Permit/Pulmonary Hypertension Association Item 7 Approve Co rehensive Plan Amendment/MUSA Expansion/Metro Mosquito Control/1260 B er Lake Boulevard NW Motion by Jacobson, Seconded by T approval of the Consent Agenda as read. Motion carried unanim ously. RECEIVEANOK4 COUNTY SHERIFF'SDEPAR NTMONTHLYREPORT Captain Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. Mayor Gamache commended the Sheriff s and Fire Departments on their quick response to the major accident at the intersection of Crosstown and Bunker Lake Boulevards. PUBLIC HEARING/ZONING CODE AMENDMENTIDAYCARE CENTERS AS A CONDITIONAL USE OR PERMITTED USE IN THE INDUSTRIAL ZONING DISTRICT Mr. Neumeister stated the City Council was approached at their March 4, 2008 meeting by a property owner requesting a change the uses in the (1) Industrial Zoning District to enable a daycare center to move into an existing office 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. Councilmember Trude wondered if they should change the zoning to the front of the property to allow retail. This would allow them to not have to go through a CUP. She stated the use at this location will more than likely change. She did not think daycares were always compatible in industrial parks; however, she thought along the edge of this industrial park, it could be compatible with retail business zoning. Councilmember Trude thought Conditional Use made sense for a daycare in an industrial park because of safety issues. She indicated she would not want to see them in all industrial parks. Mr. Neumeister reviewed the process the applicant will need to go through to get this item approved. Regular Andover City Council Meeting Minutes —March 18, 2008 Page 4 Councilmember Orttel did not think the applicant would need to come back for a permit if this is an approved use in the Industrial Zoning District. Ms. Amy Boman, 33098 Marmin Street, Cambridge, was at the meeting to answer questions. Councilmember Orttel asked how long it will take for the building to be remodeled to fit her use. Ms. Boman indicated it will not need to be remodeled. The State has been there and since they are already a licensed facility, the State will only do a change in terms of her license. She stated the Fire and Building Inspectors have been there and she has been in contact with the health inspector from Anoka County. She will be going to Anoka County to have them sign the sheet and then she will fax the form over with the three signatures. Her license can be changed that day. Councilmember Trude understood they need to have a sprinkler system installed Ms. Boman stated that is correct. The Fire Inspector wants to enforce Code 1306 which requires them to sprinkle the building even though that building falls under all the exemptions to not sprinkle it. She stated they would have to sprinkle the building. The owner has expressed this would not take much time for him to do if that is what they need done. • Councilmember Jacobson asked for clarification on the exemption for sprinkling. Ms. Boman explained the Code 1306 exemption. Mr. Neumeister clarified and indicated the Fire Chief and Building Official both said they would not give an exemption because it might lead to other uses that may want an exemption. Councilmember Orttel wondered how long it would take before the daycare could occupy the building. Ms. Boman stated there were no improvements that need to be done except for the sprinkler system and she explained the Deputy Fire Chief indicated they might consider allowing them a temporary approval to allow them to move into the building. Then they would be given a set amount of time for the sprinkler system installation. Councilmember Orttel stated he would like to accommodate the daycare so they do not lose additional families. Motion by Knight, Seconded by Trude, to open the public hearing at 7:41 pm. Motion carried unanimously. Councilmember Trude asked about the opinion of the County Health Department. Ms. Boman stated the County Health Department deals with the serving of food and since there is not a kitchen area, they will cater the food. They meet all of the codes with regard to safety. She stated the State will give them a variance for the play area until the ground thaws. Then they will put in an area outside for the kids. She noted the play area will probably go to the north and east of the building. Councilmember Knight asked how soon Mr. Larson could get the sprinkler work done. Ms. Boman stated he indicated it would take a couple of weekends to get the piping through the building and installed. Regular Andover City Council Meeting • Minutes — March 18, 2008 Page 5 Councilmember Jacobson stated they have to develop a sprinkler plan and have it approved before it can be installed. It could be a longer time period than just a couple of weekends. Ms. Boman thought Mr. Larson was already working on approval. Mr. Neumeister stated they must have a plan for a permanent sprinkler system before they can install it and allow the daycare to operate. Councilmember Orttel asked if the front parcel was rezoned and if there were businesses in there already that would not be allowed in a retail zoned area. Mr. Neumeister stated what was discussed was having the Joe Brabant site and possibly the liquor and feed store all a commercial zone so it would get away from spot zoning. He did not think any of the businesses out there were industrial in nature and would fit into a retail zone. Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:50 p.m. Motion carried unanimously. Motion by Orttel, Seconded by Knight, to amend the City Code Section 12 -13 -3 with one change under the letter "P' place a letter "P" instead of a letter "C ". • Councilmember Trude stated they do this reluctantly and she thought what the Master Plan of going to a business rezoning in this area in the very near future where daycare is more appropriately zoned and then go back to limiting daycare use in an industrial zone, would be the Master Plan. Councilmember Knight thought this will upgrade the entire comer into a more desirable commercial property as well as helping the daycare. Councilmember Jacobson stated he is going to vote against this because he thinks this is a rush in judgment. He stated the Planning Commission recommended a Conditional Use Permit. He heard the applicant say she either had the children placed in other centers or they were gone entirely so she does not have any at the present time. He understood she wants to get in as quickly as possible; however, to make it a permitted use just to allow things to start, if they do go to a hearing to get it rezoned and they decide not to rezone it for whatever the reason, it is still a permitted use. He stated they have many children and once the daycare is located there, they could potentially have someone move into the industrial park next to them that uses chemicals, paints or other things that are injurious to children. He did not think this was a good policy. Councilmember Orttel thought it went through the normal process. Councilmember Jacobson stated it was expedited to help this business and they have found that there are many time constraints involved even if it were approved right now. He felt it was a little bit of a rush in judgment. Councilmember Trude stated she is reluctant to do this, but she did not think there was an opportunity for another location because there are no other vacant properties. She thought they have an overall plan in place to work through the problems that have been presented to them and they have a Master Plan that they will move toward. Her ultimate goal is to see daycares go back to a . Regular Andover City Council Meeting Minutes —March 18, 2008 Page 6 conditional use in industrial zones or eliminate it completely. In the interim with about a month of deliberation, she has thought a lot about the situation. Her conclusion is that since there are so many agencies looking out for the safety issues, she has to trust those agencies will look out for the best interest of the children. Motion carved 4 ayes, 1 nay (Jacobson). (ORD. No. 366) Motion by Orttel, Seconded by Trude, to direct staff to start rezoning the area in the northeast quadrant of Round Lake Boulevard and 161 st Avenue to General Business or something other than Industrial with a public hearing and input from the surrounding land owners. Motion carried unanim ously. HEAR17VG12008 NATURAL AND SCENIC AREA GRANT APPLICATION Mr. Be stated the Council directed staff to proceed with this grant application. A public hearing an approved resolution are two elements of the application for this grant. S Mr. Bednarz revie the information with the Council. Councilmember Jacobson d what the status is of the Advisory Commission. Mr. Bednarz stated they are advising against appl for the application because they want to. spend a little more time looking at sites that would be sui for purchase throughout the City. Councilmember Trude wondered if they s d focus within the yellow area and look at the fact that they could get a matching grant. They are loo at doubling what they can buy and possibly afford a little more to acquire more than just sod farm . . Bednarz thought there was some logic and realization that they will need to come to at some pNpt regarding actual costs. Councilmember Orttel thought they should wait until nexNar to apply for this grant. Motion by Jacobson, Seconded by Knight, to open the public h*i at 8:04 p.m. Motion carried unanimously. \ Councilmember Trude inquired when the commission looked at the outlin the yellow of Section 11, was it the general consensus of the Commission to stay within that area of us? Mr. Deuschle stated the Commission was charged with ex aminin g and then prioritizing the that are most critical resources which are most likely to be impacted with development, along wi ooking at the fiscal responsibility of spending the money wisely while trying to get as much as they for it He stated when they tried to look at this from a natural resource perspective the area that is vftin the yellow boundary is some of the more critical resources. There is a very large parcel that is w ed and part of what they are looking at is a parcel within this one that may be a possibility to purr however, it is surrounded by another parcel which the owners do not want to sell at this point. He stated they would be purchasing a landlocked parcel assumin they received the grant and everything