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HomeMy WebLinkAboutOctober 23, 2012a ANLb 6 V 9^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda October 23, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — October 9, 2012 3. PUBLIC HEARING: Amend City Code 12 -12 - to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. © 4. Other Business 5. Adjournment rilL EM PLANNING AND ZONING COMMISSION MEETING — OCTOBER 23, 2012 The Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 23, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, and Steve Peterson Commissioner Michael Olsen Community Development Director Dave Carlberg Others October 9, 2012 Work Session: Commissioner Nemeth requested the following corrections: Page 2, paragraph 1: "These businesses would be able to operate 24 -hour continuous if they are listed as a permitted use." Page 3, paragraph 9: "This way if businesses are not grandfathered in they would no4 be affected." Page 4, Paragraph 4: "Commissioner Olson stated there is a good argument for having continuous operation in a conditional use in the NB Districts. " Page 5, Paragraph 8: "Community Development Director Carlberg recommended the City get a written legal opinion regarding businesses being grandfathered in if they are currently operating continuously and the City changes this to a conditional use." October 9, 2012, Planning and Zoning Commission Meeting: Commissioner Nemeth requested the following correction: Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 2 Page 3, Paragraph 8, replace with: "Commission Olson stated MUSA is required to be hooked up if it's available." Motion by Cleveland, seconded by Nemeth to approve the minutes as corrected. Motion carried on a 5 -ayes, 0 -nays, 1- present (Gudmundson), 1- absent (Olsen) vote. PUBLICHEARING. Amend City Code 12 -12 — to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a code amendment regarding the definition of "continuous operation" along with permitted and conditional uses. Mr. Carlberg reviewed hours of operation, allowed uses, and locations. He explained the proposed amendment would allow a business or industry the flexibility of deciding appropriate hours of operation, including holiday shopping hours. Mr. Carlberg referred to emails he received that will be shared for the public record as well. Commissioner Cleveland said the proposed amendment was to address the extension of holiday hours but is not listed in this amendment. Mr. Carlberg said in the shopping center and industrial districts if continuous operation is permitted a business can operate 24 hours which is different than what is allowed today. He said adopting this amendment would allow Target to conduct a Black Friday sale for example by allowing them to set their own hours of business. Motion by Commissioner Cleveland, seconded by Commissioner Holthus to open the public hearing at 7:12 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Olsen) vote. Kevin Madden, 16476 Bittersweet Court NW, shared his concerns about giving the wrong message to new businesses. He said the amendment seems to be focused on the new Walmart. Mr. Madden referred to crime at Povs versus a new Walmart, adding Andover is a bedroom community and that customers shopping at 2:00 a.m. could be a good thing. He said Tanners and other restaurants are already open until 2:00 a.m. but if new businesses come in and utilize the 3:00 a.m. time Tanners would have to close. Mr. Madden referred to concerns about midnight showings at the movie theater as well. He noted that Walmart would employ many people, adding he understood the Coon Rapids Walmart is changing to a Sam's Club. He recommended businesses be allowed to be open 24 hours. Chairperson Daninger said he understands the concerns with specific businesses but noted the goal refers to continuous operations and is not business specific. X Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 3 © Steve Ferrell, 14934 Bluebird Street NW, said it is the government's responsibility to get out of the way of business and allow for growth for jobs. He said the City should focus on employing 400 people which Walmart will provide instead of worrying about being open for three to four hours. Mr. Ferrell said the City should give a general guideline for businesses but then stay out of the way, especially in this economy. Hugh Ward, 13350 Nightingale Street NW, said the City's vision statement has a lot to do with this topic. He read the statement, emphasizing quiet neighborhoods. He stated he lives a half -mile from the general business district and that while he has no problems with Walmart specifically, a 24 -hour operation would also be 365 days per year and that they should work within the limited hours outlined within the code. Mr. Ward said other Walmart supercenters such as Woodbury and Eden Prairie don't have 24 -hour operations, adding Andover doesn't need a 24 -hour restaurant. He said they chose Andover for the quiet neighborhoods, great schools, and leadership, and that he wants to maintain the sense of community. He stated there would be concerns as well with regard to adult businesses. Mr. Ward said he understands the demands on a 24 -hour store with traffic and activity and while shopping would be minimal overnight trucks are replenishing inventory seven days a week. He added Black Friday events shouldn't be all night either as they result in more fights within the stores. Chairperson Daninger asked staff to address the concerns regarding adult businesses and © truck traffic. Mr. Carlberg explained the proposed definition addresses being open to the public and wouldn't prevent deliveries in any case. He stated that adult uses are regulated under a separate section of the code and this amendment would have no effect on adult uses as they are very highly regulated already. Andy Anderson, 13350 Jonquil Street NW, said that if a store is even open to the public people will still be working there whether residents like it or not. He said he owns an auto repair business and said we shouldn't limit businesses by limiting store hours. Mr. Anderson said if we start to close businesses we are moving backwards, adding businesses should be open as much as they can to be able to pay taxes and employ people. He said we have enough difficulty getting businesses into Andover without closing stores and encouraging them to locate in other cities. Nathan Munsterman, 1207 140th Lane NW, said with the current definition the theater could be open until 2:00 a.m. for their midnight showings. He asked for a clarification on the continuous and non - continuous definitions. Mr. Carlberg said continuous operations refer to being open to the public for some portion of each hour of the day or for more than 5 hours from 11:00 p.m. to 7:00 a.m.; non - continuous operation closes to the public for at least 5 hours from 11:00 p.m. to 7:00 a.m. each day of the week. © John Stoan, 2333 155th Lane NW, said he agreed with the proposed amendment and that the City should not tell businesses when they can and cannot be open. He said businesses Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 4 © in the neighborhood area could be open 24 hours now and asked if the City is considering 24 hours more for the commercial area with those businesses being closer to the neighborhoods through a special use permit. He said we all like our quiet neighborhoods but we designed commercial areas for heavier use. Mr. Stoan said he doesn't see anything wrong in this proposal as it encourages more businesses to come, adding since Andover is not on a major thoroughfare we need to be as flexible as possible to help alleviate taxes. Josephine Larson, 13527 Heather Street NW, shared her concerns about stores being open to the public 24 hours as it could allow students to purchase toilet paper for papering houses. Richard Carrol, 3384 South Coon Creek Drive, said he supports the 24 -hour continuous use to bring businesses to the City. Valerie Fetters, 3544 166`" Lane NW, said she believes the Planning Commission and City Council have done a great job taking care of the residents but that this has gotten out of control all because of Walmart. She said what's happened at Povs after hours was bad and supports the 24 -hour continuous use. Ken Madden, 16476 Bittersweet Court NW, asked if additional comments can be shared © via email after the public hearing closes. Chairperson Daninger stated that while they will be closing the public hearing and making a recommendation soon to bring forward to the City Council he encouraged any resident to call or email staff during this time. Mr. Carlberg stated residents could email him directly and their comments will be shared with the City Council. Mr. Carlberg read into the record an email from Sandy Wessley, 2318 155th Lane NW, who supported being open 24 hours as it is more business friendly. He also read into the record an email from Daniel Pettit, 12545 Swallow Street NW, stating the proposed amendment makes Andover more business friendly and that there aren't restrictions in other cities so Andover shouldn't tell businesses when they should be open. Motion by Commissioner Cleveland, seconded by Commissioner Gudmundson, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Olsen) vote. Commissioner Nemeth inquired about the grandparent clause and if businesses are already 24 -hour operation in the Neighborhood Business District would they have to apply for conditional use permit (CUP). Mr. Carlberg said he had followed up with the City Attorney and said for example Anytime Fitness would be a legal non - conforming use but if they make a change in use or close for one year they would then have to © conform. They could also have the ability to apply for and be granted a CUP to comply. Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 5 © Chairperson Daninger stated he is comfortable with proposed amendment. When at the work sessions the Commission tried to come up with ideas, had lots of input and wanted to make it right for neighborhoods. He felt this was a good change and would support the amendment. Commissioner Holthus stated that in the work session she preferred the continuous hours of operation be permitted but require a CUP. She said this would be fair as it would identify criteria for conditions for continuous operation, similar to a variance request. She outlined some potential criteria including traffic, noise, and safety. Chairperson Daninger confirmed that she would prefer a CUP requirement across the board. Commissioner Holthus said that was correct. Commissioner Peterson agreed with Commissioner Holthus stating this seems to be an issue in the community. He said he was more for allowing 24 -hour operation but the emails and other input in the past was different. Commissioner Peterson said a CUP in all business districts doesn't restrict 24 -hour operation but allows for another layer of review for new Planning Commissions and new businesses coming to the City. Chairperson Daninger clarified that Commissioner Peterson would prefer a CUP requirement for all businesses. Commissioner Peterson said that was correct. © Commissioner Gudmundson said she was not in favor of a CUP in warranted districts and was comfortable with the proposed amendment. Commissioner Cleveland said if we make this a conditional use in much less restrictive zoning areas we would be back to the beginning. He said we can always find a reason not to have something exist where we don't want it and depending on the current Council, some uses will be permitted and some won't based on their feelings and political bent. Commissioner Cleveland said if there are permitted uses then those issues go away and you let the business thrive or fail on its own and not because of the hours. He said he supported the proposed amendment. Commissioner Nemeth said he agreed with the proposed amendment to permit continuous operation in districts already zoned commercial and to allow businesses to operate 24 hours if they choose. He used the examples of CVS and County Market, stating that while Walmart may decide the same thing we will still give the businesses the opportunity to do what is good for their business. Commissioner Nemeth said government needs to get out of the way and that he doesn't want to be prohibitive but do the right thing within regulation. He stated he was comfortable with the proposed amendment. Chairperson Daninger summarized that four Commissioners were comfortable with the © proposed amendment and two would prefer a CUP requirement. Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 6 Motion by Cleveland, seconded by Nemeth, to recommend to the City Council approval of an Ordinance Amending City Code to Allow for the Continuous Operation of a Business as a Conditional Use in the LB and NB Districts and as a Permitted Use in the SC, GB, and I Districts. Motion carried on a 4 -ayes, 2 -nays (Peterson and Holthus), 1- absent (Olsen) vote. Mr. Carlberg stated that this item would be before the Council at the November 7, 2012, City Council meeting. Chairperson Daninger summarized the process for this item and encouraged any further input could be forwarded to City staff. OTHER BUSINESS. Mr. Carlberg updated the Planning Commission on related items. Mr. Carlberg noted a work session will be scheduled at 6:00 p.m. on November 13 prior to the regular meeting at 7:00 p.m. He said if the two potential applications for the regular meeting are determined to be incomplete then staff suggests extending the work session until 8:00 p.m. to continue the review of the land use table. © ADJOURNMENT. Motion by Cleveland, seconded by Gudmundson, to adjourn the meeting at 7:53 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- absent (Olsen) vote. Respectfully Submitted, Cathy Sorensen, Recording Secretary TimeSaver Off Site Secretarial, Inc. C