Planning & Zoning

PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 13, 2021 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on April 13, 2021, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson, Nick Loehlein (remote), and Wes Volkenant Commissioners absent: Marni Elias Also present: City Planner Peter Hellegers Associate Planner Jake Griffiths Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 9, 2021 Regular Meeting and March 23, 2021 Workshop Meeting Motion by VanderLaan, seconded by Godfrey, to approve the March 9, 2021 Regular meeting minutes as presented. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant – aye Loehlein – aye Motion carries unanimously Motion by Volkenant, seconded by Hudson, to approve the March 23, 2021 Workshop Meeting minutes as presented. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant – aye Loehlein – aye Regular Andover Planning and Zoning Commission Meeting Minutes – April 13, 2021 Page 2 Motion carries unanimously. PUBLIC HEARING: CONDITIONAL USE PERMIT - LIQUOR LICENSE - 1574 154TH AVE. NW, SUITE 102 - TASTY TACO - ARMANDO OCAMPO & VANESSA MEDINA (APPLICANTS) The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council regarding a Conditional Use Permit (CUP) for a liquor license at 1574 – 154th Ave NW, Suite 102 for Tasty Taco. City Planner Hellegers stated a CUP is required for liquor sales and the applicant must also apply for a liquor license. He identified the location of the business and stated it is consistent with prior use. Mr. Hellegers displayed the requirements for the CUP and gave the Commission considerations for review. Mr. Hellegers defined on-sale liquor as serving liquor at a restaurant and off-sale liquor as selling liquor in a liquor store. Chairperson Koehler explained that the Commission is not debating the conditions or terms of a liquor license; they are here to determine if a liquor license is appropriate in this case. Commissioner Volkenant asked if staff spoke with the owners of the nearby karate establishment where there may be young people and children after school. Mr. Hellegers replied that staff did not talk to the owners and that the owners did not reach out through the public hearing process. Motion by Hudson, seconded by Godfrey to open the public hearing at 7:08 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant - aye Loehlein - aye Motion carries unanimously. Vanessa Medina, applicant, came forward and asked which karate location Commissioner Volkenant was referring to. He stated it was the karate business next to the fitness center. Ms. Medina stated she is open to questions and they are here to bring something new to Andover. Commissioner VanderLaan congratulated the applicants for opening a business and stated restaurants are in demand in Andover. She asked if this space was previously occupied by Chopsticks. Ms. Medina stated it is. Regular Andover Planning and Zoning Commission Meeting Minutes – April 13, 2021 Page 3 Commissioner Hudson asked when Tasty Taco would open. Ms. Medina replied by May 5 if possible. Chairperson Koehler asked what kind of alcohol they are planning on serving. Ms. Medina replied they are bringing upscale drinks, margaritas, and fusions. Commissioner Hudson asked staff if there were any comments received by the public. Mr. Hellegers stated staff did not receive comments from the public. Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:12 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant – aye Loehlein – aye Motion carries unanimously. Commissioner Volkenant stated the Commission has no information if there are any concerns about an establishment serving liquor in that location with businesses catering to kids. Commissioner VanderLaan referred to the Commission packet and 3-1B-2 Item F stating no license shall be granted within 300 feet of a private or public school. She stated the karate business is not a school and Tasty Taco should have no negative effect on the karate business. Chairperson Koehler asked if the City notified the businesses in the surrounding area. Mr. Hellegers stated the businesses were notified and the City put up a sign as well. Chairperson Koehler stated Beef O’Brady’s is diagonally across from a daycare and asked if there were any issues reported. Mr. Hellegers replied he is not aware of any. Associate Planner Griffiths stated there have not been any issues beyond what is normally reported for a bar/restaurant and noted there is a karate studio next to Beef O’Brady’s as well. Motion by Godfrey, seconded by Volkenant, to recommend approval of a Conditional Use Permit request for liquor sales located at 1574 154th Avenue NW, Suite 102. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant - aye Regular Andover Planning and Zoning Commission Meeting Minutes – April 13, 2021 Page 4 Loehlein - aye Motion carries unanimously. Mr. Griffiths stated the item will go to the City Council on April 20, 2021. PUBLIC HEARING: CONDITIONAL USE PERMIT - COMMERCIAL GREENHOUSE - 14700 SYCAMORE ST. NW - NA VANG (APPLICANT) The Planning & Zoning Commission is requested to conduct a public hearing and make a recommendation to the City Council regarding the Conditional Use Permit for a commercial greenhouse at 14700 Sycamore St. NW. Associate Planner Griffiths identified the location of the property and summarized the definition of a commercial greenhouse as where people will go to the property to purchase or pick up items. Mr. Griffiths stated the size of the greenhouse is around 800 square feet. Mr. Griffiths explained several smaller accessory structures will be removed and replaced by the greenhouse. He stated the applicant is planning on growing, packaging, and selling their product with designated pick-up times. Mr. Griffiths stated staff had no reservations regarding the application. Commissioner Hudson stated Item 6 of the Resolution states customers must park on an improved impervious surface and asked if gravel was considered impervious. Mr. Griffiths replied gravel counts as an impervious surface outside the MUSA boundary. Chairperson Koehler asked what types of traffic or vehicles staff looked at when deciding there would be no traffic concerns. Mr. Griffiths replied the Engineering Department looked at residential traffic and determined the limited times of pickup would not negatively impact the neighborhood. Chairperson Koehler asked if there was anything aside from customers purchasing products that would trigger the need for a CUP. Mr. Griffiths replied no. Commissioner Volkenant stated there is a housing development going in to the north and asked if the traffic on Palm would be impacted by the commercial greenhouse and the new development. Mr. Griffiths replied the development is just in the sketch plan phase and this CUP is based on the applicant’s impacts on streets. Motion by VanderLaan, seconded by Volkenant, to open the public hearing at 7:34 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant - aye Loehlein - aye Regular Andover Planning and Zoning Commission Meeting Minutes – April 13, 2021 Page 5 Motion carries unanimously. Na Vang, 14700 Sycamore Street NW, came forward and stated gardening and houseplants are her passion. She stated the business is booming and with Minnesota’s short growing season, the greenhouse will give the area the opportunity for plants that need a longer growing season. Commissioner Volkenant stated the pickup times are Tuesdays, Thursdays, and Sundays and asked why. Ms. Vang replied she is a full-time worker and a full-time mom, and these hours fit her schedule better. Commissioner Volkenant noted the three structures being removed and asked why Ms. Vang decided to keep two chicken coops. Ms. Vang replied the shed came with the property and needed to be replaced so the best decision was to keep the two chicken coops. Commissioner VanderLaan offered congratulations on choosing to operate a business in Andover and she applauds women owners. She asked what type of crops Ms. Vang plans to grow. Ms. Vang replied the nursery will grow products for farmers markets and the new greenhouse will allow them to nurse their own plants, including indoor houseplants. She stated they are hoping to grow microgreens as well. Commissioner Godfrey noted there was a comment from a neighbor wishing her luck but questioning if there was equipment Ms. Vang would be running 24 hours. Ms. Vang replied at the beginning of the growing season, there will be noise from tilling, but no other noise is expected. Motion by Godfrey, seconded by Hudson, to close the public hearing at 7:39 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant - aye Loehlein - aye Motion carries unanimously. Motion by VanderLaan, seconded by Godfrey, to recommend approval of a Resolution approving the Conditional Use Permit request for a commercial greenhouse located at 14700 Sycamore Street NW, PID 26-32-24-11-0015. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Regular Andover Planning and Zoning Commission Meeting Minutes – April 13, 2021 Page 6 Volkenant - aye Loehlein - aye Motion carries unanimously. Mr. Griffiths stated the item will go before the City Council on Tuesday, April 20, 2021. OTHER BUSINESS Associate Planner Griffiths replied all items the Commission recommended the Council has approved. He updated the Commission on the 2040 Comprehensive Plan. ADJOURNMENT Motion by Godfrey, seconded by Hudson, to adjourn the meeting at 7:42 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye VanderLaan - aye Volkenant - aye Loehlein - aye Motion carries unanimously. Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc.