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HomeMy WebLinkAboutSeptember 25, 2012AN66W © 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 Workshop Meeting Agenda September 25, 2012 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Discuss Definitions of Continuous and Non- Continuous Hours of Operation and Related Sections of the City Code. 3. Other Business 4. Adjournment Cam] U Al m E PLANNING AND ZONING COMMISSION WORKSHOP MEETING — SEPTEMBER 25, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 25, 2012, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Lynae Gudmundson (arrived at 6:06 p.m.), Kyle Nemeth and Michael Olsen Commissioners absent: Steve Peterson Also present: Community Development Director Carlberg City Planner Stephanie Hanson DISCUSS DEFINITIONS OF CONTINUOUS AND NON - CONTINUOUS HOURS OF OPERA TIONAND RELATED SECTIONS OF THE CITY CODE. 10 Community Development Director Carlberg reviewed the direction of administration to continue to work through the discussion of hours of operation that they had at the previous meeting in September and hold a public hearing tonight at the regular commission meeting. He was directed by the author of the text amendment to include the original proposed language as well as any definitions modified by the commission for the public hearing. Mr. Carlberg passed out a supplemental amendment to the commissioners to bring to the next meeting at 7:00 p.m. He asked that the commissioners review an ordinance that has the original definitions as proposed. He reiterated that the concern was if we leave what is in the packet, the public will not have knowledge of the original definitions as requested by the proposer. Chair Daninger stated the goal for this work session is to spend 15 minutes to go through this and do our due diligence and the right thing for the City. Community Development Director Carlberg stated that going forward, this item can be tabled and the Commission can take more time if need be. The Commission can take 60 days from the August 281h Council works session to make a recommendation to Council. Commissioner Olsen asked if the public hearing could be continued and stated it would be beneficial to have a public hearing to get feedback to further discussions if necessary. Mr. Carlberg stated that the commission could continue the public hearing to a future meeting date provided they did not close the hearing. Em M m Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 © Commissioner Holthus asked for some examples of neighborhood businesses, general businesses and industrial districts and shopping districts to help clarify. She asked specifically the area of 161St Avenue and Round Lake Blvd. She also asked about the Hanson and Bunker Lake area. Mr. Carlberg stated that area is both industrial and general business on the northwest corner. Kottkes' Bus Company is an industrial area and the land fill area is also industrial. Commissioner Holthus asked if industrial districts areas can have 24 hours operation. Mr. Carlberg responded by saying they cannot and that both general business and industrial districts cannot be open 24 hour. The only place it's permitted is shopping center and neighborhood business districts. Examples of areas of neighborhood business and shopping center were listed and examples were listed of businesses that are open 24 hours for operation. Mr. Carlberg stated that the plan was when we got to this item in the use table the commission would address allowing 24 hours of operation in the neighborhood districts and shopping district and why are we not allowing it in the general business and industrial areas. Chair Daninger asked about the chart we have for operating hours regarding permitted and conditional uses. Mr. Carlberg stated a good example is Kwik Trip, they are zoned industrial district but an auto service station is allowed by CUP and the hours are set by the CUP. © Commissioner Olsen stated the Council has a right to give the commission a task and expect that we perform but looking at it more closely it's almost as though we're creating more problems than we're solving by acting on this the way it's presented to us now. The reason being if you look at the page where it talks about the effect of defining this continuous operation has the potential to create issues regarding what open to the public means. He listed examples of open to the public. Do we define these but at the same time eliminate the issues that will come to the forefront because of this. He referred to page 119. He read what it says on the page. There is potential for confusion here. What is continuous operation mean? Mr. Carlberg stated the issue or concern was that if you were not 24 hour continuous operation then you could operate 23 hours, 59 minutes. Some people had concern with that interpretation and the Council directing that we need to define continuous and non - continuous hours. Commissioner Gudmundson stated we have to break it up again. Let's make the definition and decide if it's ok. It's what we choose to do with it when it comes to the chart that's going to be the problem. Commissioner Olsen stated except when it's open to the public, what does that mean. That's not defined. Chair Daninger stated that the original amendment /definition is what we have to look at but the © Commission can make changes at the meeting, but the public needs to know what was originally proposed. U AD MI Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 © Commissioner Olsen stated if we really want to control retail operations that are open to the public, if you don't want to do it by changing the definition that reads that every other business out there will no longer fit into either one of these things as a continuous operation. They will be gone. They will be doing something out there that will be undefined at this point because we've changed the definition. Commissioner Gudmundson stated if we didn't narrow this definition down so much, with specifics like that once we get it into the chart again, would we be able to move with it over there? If our goal is to have it affect retail, then we would put it in the chart. Maybe we're getting this too narrow. Mr. Carlberg stated that there is a broader discussion than what this was intended to be accomplished. The issue is defining continuous and non - continuous operation as it applies to a general business district. That is the direction that the original amendment came from. However, we've had discussions on restricting hours in just the general business district which is the most flexible retail commercial area and not really looking at what you do in the shopping center and neighborhood business districts. If you're going to restrict it in general business, how are you allowing it in less intense districts that are next to residential. Commissioner Gudmundson asked where it would appear in the city code. Will it appear under general definitions that could be applied anywhere. © Mr. Carlberg stated it will be in our definitions section 12 -2 -2. It will show up as definitions of continuous and non - continuous hours of operation. Commissioner Gudmundson stated that for our city we would have to apply it to every commercial building not just general business zoning. Mr. Carlberg stated then you go to the table and look at where you want to allow those hours of operation, possibly adding another line for non - continuous operation. The Commission discussed the issue of the term "open to the public" being put into the definition. Mr. Carlberg stated that DSTI and manufacturers that have multiple shifts are currently not compliant. Right now DSTI has 3 eight hour shifts 24 hours a day. They're located in the general business district and they are currently in violation of our city code. They are not open to the public. They are a manufacturer, they don't have the public coming there shopping or doing business all hours. So "open to the public" was put in the definition to get manufacturers that have multiple shifts to comply. Chair Daninger stated this is not specific to a particular business, this is for the whole city. There is a huge cause and effect here because if you say no, you're losing potential 24 hour businesses and /or shopping centers that may locate in a general business district. You're going to have a ® grocery store, County Market that allows 24 hour operation but Festival cannot. We have some loop holes to fill and we're also going through that chart doing our due diligence. Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 © Commissioner Gudmundson stated let's give them our definition because at some point there probably would be a need for simplified definition of 24 hours a day. Then fix the chart. Put the CUP in there in all the places we want it to be and cover it that way. Mr. Carlberg stated staff made the effort to notify our businesses no matter what business district they are in got the notice. The comments he has been getting back from them is why is this coming up and why don't the retailers and businesses set their own hours. They know the market and what works. The business community is not on board with why we would restrict hours. Chair Daninger stated we need to do our due diligence. We need to take public input. We may change our minds after getting public input. We have to work through the table of uses and the proposed definitions. Commissioner Holthus stated she likes the definition that we came up with before. Continuous hours of operation of business open to the public for 24 hours a day and leave public in there. Non- continuous hours of operation would be the exact opposite. We can then go to the chart and throw in the CUP. Commissioner Gudmundson stated she would simplify them further and take out the public and agrees with not being rash and get these exactly how we want them tonight but then table it and go home, look at it further and think about all the ramifications of these definitions and how we © see them sitting in there and that gives us a chance to change them one last time because we're not going to get to everything on the chart tonight. And then we table it still and say this is what we're thinking and then think about the public input and how this is going to work with this table and then get together again. Chair Daninger stated if we come up with a definition and say we want to change it to this and then a recommendation of denial. Mr. Carlberg stated if you make that recommendation of denial then that amendment moves forward with the denial as proposed. So you can make a recommendation of denial and say you think the definition should be changed but without tabling it or bringing it back for further discussion and wordsmithing, the amendment goes to the Council. Chair Daninger stated but if we make a recommendation of approval for a new definition then it moves forward. Mr. Carlberg stated either way if the commission recommends approval or denial it moves forward, unless you table it and bring it back for further discussion. Chair Daninger is not opposed to tabling but what he wants is to move forward so then when we get to the chart the Commission can do their due diligence. The Commission spent considerable time discussing the definitions of continuous and non- continuous operation. Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 © Commissioner Cleveland stated we took out public and a continuous business is open 24 hours a day. A business that is not open 24 hours a day and then put in the definition that describes the time frame that they cannot be open. That gives you your mirror image plus the definition of that much simple and then you can put that in 12.2 and then go to the chart and then we can use that. They will need the continuous operation. A non - continuous business according to this would be that you're closed 4 hours. Non - continuous means you're closed 4 hours a day in between these hours. Pretty much everything else then could be considered continuous operation. You can work or be open for up to 24 hours. If you are only open 23 you still would be considered a continuous operation. If you work/close for 3 hours you still need to be permitted to be in the continuous operation. It's the non - continuous according to this definition now you have to be closed four hours. To me it's a little more clear meaning 22, 23 hours doesn't matter. C Commissioner Olsen stated it should be one or the other. It should be continuous operation or non - continuous operation. The 11:00 p.m. to 7:00 a.m. now we are expanding two different days. Maybe it should be midnight to 7:00 a.m. because then you say two calendar days if you want it to. Mr. Carlberg stated what are we defining here? What are we accomplishing by telling the business they had to shut down for 4 hours if the purpose of restricting hours is to limit traffic in the neighborhood, glare, noise, lighting, etc. If I'm a major retailer and I close from 3:00 am to 7:00 am, what have you accomplished? At 3:00 I have trucks coming making deliveries, stocking shelves, so for 4 hours when most people aren't around from 3:00 -7:00 am, 5:00 most people are up and headed south to work. What he has heard from the public is that from 11:00 pm to 7:00 am businesses should be closed. Four hours doesn't do it. Chair Daninger has a tough time with this definition. He's going to deny it and move it forward with denial. The Commission again in great length discussed the definitions of continuous and non- continuous hours of operation. Discussed the table of uses and providing for 24 hour continuous operation as a conditional use permit in all business and industrial districts. Mr. Olsen stated continuous operations describes the business that is open to the public for some portion of each hour of 24 hours in a day and it also includes a business that is open to the public for more than 5 hours of the overnight period beginning between 11:00 pm and 7:00 am. Non - continuous operations describes a business that is closed to the public for at least a 5 hour duration between the hours of 11:00 pm and 7:00 am each day of the week and which is not open for any portion of at least 5 continuous hours in a day. Commissioner Cleveland stated you can't do that. If you're not open for any portion of at least 5 continuous hours in a day and you start at 11:00 that gives you I hour in a day. The next 4 hours are in a different day. So the definition in itself can't be held accountable for because it doesn't work. A day is from 12 to 12. E u Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 © Mr. Carlberg stated that's why you came up with your definition and you didn't like it last time. I think both of your definitions are clear. Chair Daninger stated he doesn't want to approve either group of definitions without further review and discussion. The Commission agreed. The Commission agreed to take public testimony on this issue and make a decision after receiving public input. ADJOURNMENT Motion by Cleveland, seconded by Olsen to adjourn the September 25, 2012 Planning and Zoning Workshop. The motion carried unanimously. The meeting adjourned at 6:57 p.m. Respectfully submitted, Brenda Holmer Planning Department Administrative Assistant C E 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 September 25, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — September 11, 2012 3. PUBLIC HEARING: Consider an Amendment to the City Code 12 -2 -2 Regarding Definitions of Continuous and Non - Continuous Hours of Operation and 12 -12 Regarding Permitted, Conditional and Prohibited Uses. 4. Other Business © 5. Adjournment PLANNING AND ZONING COMMISSION MEETING —SEPTEMBER 25, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 25, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, and Michael Olsen. Commissioners absent: Commissioner Steve Peterson Also present: City Planner, Stephanie Hanson Community Development Director, David Carlberg 0 Others APPROVAL OF MINUTES. September 11, 2012 Commissioner Nemeth requested a change to the minutes noting the word "and" should come before Walmart, within the minute approval language on Page 1. In addition, he requested a change on Page 4, the fourth paragraph, the second "that' should be removed. Finally, the first paragraph on the top of Page 5 needed revision and clarification. Staff was directed to review the tape and provide clarification on this sentence. Motion by Cleveland, seconded by Nemeth, to approve the minutes as corrected. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. PUBLICHEARING: Consider an Arnenbizent to the City Code 12 -2 -2 Regarding Definitions of Continuous and Non - Continuous Hours of Operation and Related Sections. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a code amendment regarding definitions of continuous ® and non - continuous hours of operation. E w Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 2 © Mr. Carlberg reviewed the proposed Code Amendment with the Commission. He reviewed the latest definitions that were discussed at the September 11th worksession meeting. He noted the business community in Andover was contacted regarding the proposed text amendment through the mailing of the public hearing notice. He received several comments and feedback, which was reviewed with the Commission. He requested the Commission discuss the item further and take public comment. Motion by Holthus, seconded by Cleveland, to open the public hearing at 7:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Lori Mount, 2044 1481h Avenue NW, commented all businesses in Andover were notified of the proposed amendment. She indicated the low attendance this evening led her to believe there was no opposition. She understood the proposed language change was tightening the City's definitions and not targeting any one specific business. Ms. Mount stated she moved to Andover due to the fact it had quiet neighborhoods. She encouraged the City to continue this going into the future. She recommended the Planning Commission proceed with the Council's recommendation and approve the definitions. Mr. Carlberg read the proposed text amendments as proposed this evening for the record. Eric Miller, MFRA, Inc. the consulting engineer for Walmart, noted his client (Walmart) was looking to come into the City of Andover and the proposed Code amendment would affect the stores desire to operate 24 hours a day. He indicated his client was proposing a Supercenter to meet the needs of Andover residents. Mr. Miller indicated that they have complied with all zoning requirements with regard to screening and buffering from the adjoining properties to date. Dennis Davis, 4878 170th Lane, explained he has been with Walmart for 24 years and works in the health and wellness division. He is also an Andover resident. He commented the 24 hours of operation offers convenience to residents. He did not anticipate a large deal of traffic in the overnight hours, but would allow for families to purchase medications when needed. He commented it also allowed residents to purchase groceries in the early morning hours. Richard Schneider, 200 South Sixth Street in Minneapolis, is a land use attorney and represents Walmart and other property owners on land use issues. He was surprised by the proposed zoning code amendment. He indicated the text amendment was very unusual and not particularly business friendly and puts the City at a competitive disadvantage in attracting certain businesses. He also stated comments have been made that there is not a lot of people showing up and there is a lack of interest in this issue by the existing business community, however, those future businesses and development opportunities interested in locating in Andover are not represented and won't be if they feel there is a competing community better suited for them due to the hours of operation allowed. He also thought it was really unusual that 24 hour operation was allowed in a less intense zoning district such as the Neighborhood Business District but not in a Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 3 © General Business District. There usually is a rational basis for treating one differently than the other which is not all that apparent. He offered that the solution might be to change that distinction and make it more even handed. Mr. Schneider suggested the Commission consider revising the definitions and allow each business in Andover to set their own hours of operation based on demand. Dawn Shnikels Johnson, 1553 140`h Avenue NW, indicated she lived two blocks from the proposed Walmart site. She explained she attended the Council meeting regarding the Ordinance language and hours of operation. It was her opinion that Andover already had businesses that could handle emergency purchases in the overnight hours. She encouraged the Commission to support the clear definitions within the proposed text amendment. Curtis Jones, 1801 139`h Avenue NW, stated Andover was a unique community. He saw the potential for a 24 hour business to be an open door, which would lead to further commercial businesses and change the look and feel of the community. He encouraged businesses to come to Andover, thrive and create jobs, while operating within restricted business hours. Kathy Heltemes, 1432 140`h Avenue NW, understood the convenience of a 24 hour Walmart. However, she believed Andover was a bedroom community that did not have a © need for shopping at 2:00 a.m. She encouraged the developers to reconsider their development as a non - continuous operation. Ms. Mount commented the proposed text amendments would assist with clearly defining business operating hours. She did not feel that the language revisions would prohibit business. Motion by Clevelan4, seconded by Gudmundson, to close the public hearing at 7:32 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Olsen stated there were a number of current permitted uses (24 -hour Laundromat, car wash, mini - storage) that could be interpreted to be open to the public. These could be affected by the continuous operation language amendment. Commissioner Holthus supported the City clearly defining these terms within the City Code. However, she was in favor of revising the language slightly to address the hours and days of the week more specifically. Chairperson Daninger commented the current language would cause concern for future restaurants as they would have to close at 11:00 p.m. Commissioner Gudmundson indicated the proposed timeframe for the non - continuous © operation businesses was rather random and should be further discussed. Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 4 © Chairperson Daninger noted a fitness center with 24 hour access would also be affected by the proposed language. He thanked the public for their input this evening and questioned how the Commission wanted to proceed on this item. Commissioner Gudmundson was in favor of denying the proposed code amendment. Commissioner Olson stated "Open to the Public' was not clearly defined within City Code at this time and would have to be addressed prior to approval of this text amendment. He indicated further discussion and clarification was needed on this issue. Commissioner Cleveland commented this issue seemed very straight forward in the beginning, however, after much discussion, there were still concerns. For this reason, he did not support the current text amendment language. Chairperson Daninger requested the maker of a motion clearly state the reasons for denial. He asked for assistance in determining concrete reasons for denial of a definition that is unclear. Community Development Director Carlberg stated that the Commission needs to look back at what the original intent of this item coming before the Commission was to address. The intent was to restrict the hours of operation to address the issues of traffic, © noise, glare, crime, etc. in the nighttime or overnight hours. If the Commission does not feel the proposed definitions in the text amendment addresses these concerns and issues that would support a recommendation of denial. Commissioner Cleveland stated after speaking with 20 area communities none were found to control hours of operation through City Code. This was handled through conditional use permits or through planned unit developments. He indicated amending the code was much more difficult, due to the ripple effects that would be felt by all Andover businesses. Motion by Olsen, seconded by Cleveland, to recommend to the City Council denial of the Amendment to City Code 12 -2 -2 regarding Definitions of Continuous and Non - Continuous Hours of Operation and related sections based on the following findings of fact: Approving the proposed definitions would render uses currently permitted by City Code to be no longer permitted or be altered by such a degree as to change the basic function of the business without due process. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Mr. Carlberg stated that this item would be before the Council at the October 2, 2012 © City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 5 OTHER BUSINESS. Mr. Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Cleveland, seconded by Holthus, to adjourn the meeting at 7:49 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. C x