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HomeMy WebLinkAboutAugust 14, 2012ANL66W^ 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 August 14, 2012 Andover City Hall Council Chambers 8.01 p.m. 1. Call to Order 2. Approval of Minutes — July 10, 2012 3. PUBLIC HEARING: Preliminary Plat — Walmart at Andover Station — Wal -Mart Real Estate Trust - 1851 Bunker Lake Boulevard NW. 4. PUBLIC HEARING: Conditional Use Permit (12 -06) - Off -Sale Liquor and © Outdoor Display, Storage and Sales — Wal -Mart Real Estate Trust - 1851 Bunker Lake Boulevard NW. 5. Other Business 6. Adjournment Note: A quorum of City Council members may be present at the meeting but no decisions will be made. 0 H PLANNING AND ZONING COMMISSION MEETING — AUGUST 14, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 14, 2012, 8:01 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, Michael Olsen and Steve Peterson. Commissioners absent: None Also present: Community Development Director Dave Carlberg Others APPROVAL OF MINUTES. July 10, 2012 Regular Planning and Zoning Meeting Commissioner Nemeth stated on page 3, the motion to close the public hearing was made by Commissioner Cleveland. Motion by Commissioner Cleveland, seconded by Commissioner Olsen, to approve the June 12, 2012 Regular Planning and Zoning Meeting minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- present (Holthus) vote. June 12, 2012 Workshop Planning and Zoning Meeting Commissioner Cleveland stated on page 4, paragraph 2, the last line, the phrase "stable sin' should be changed to "stables in". Motion by Commissioner Olsen, seconded by Commissioner Cleveland, to approve the June 12, 2012, Planning and Zoning Workshop minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- present (Holthus) vote. C H Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 Page 2 PUBLIC HEARING: PRELIMINARY PLAT — WALMART AT ANDOVER STATION— WALMART REAL ESTATE TRUST, 1851 BUNKER LAKE BOULEVARD NW Community Development Director Carlberg stated the proposed plat would divide the exiting 26.99 acre parcel into a lot of 19.69 acres, an outlot of 6.38 acres, dedicated right - of -way for Jay Street NW (.92 acres), and establish drainage and utility easements for utilities, ponding and wetland areas. He explained what the surrounding properties were and the types of businesses operated. He also stated there are 16 -acres of wetlands to the west of the property that are owned by the City and will not be developed and the City has purchased the remaining property for Parkside at Andover Station and will be re- platting this area for single - family homes. He reviewed the applicable City Codes and how the preliminary plat is meeting these codes. He explained the applicants are not requesting rezoning of the property and there are no variances from City Codes being requested. The Planning Commission is asked to review the proposal for conformity with the requirements for preliminary plat review as well as for conformity with the Comprehensive Plan. Access and grading issues remain but it is not unusual for these items to be resolved after plat approval due to the lengthy review time by the Anoka County Highway Department and the level of detail that is needed to achieve a final grading plan. Provided the Commission is comfortable with the conditions in the resolution that guide the resolution of these issues, staff recommends the Commission forward this application to the City Council with a recommendation of approval. Mr. Erik Miller, MFRA, Inc., 14800 281h Avenue N. Plymouth, MN, presented a PowerPoint presentation for the Commission and residents describing the proposed project, layout of the building, the wetlands including impacts and proposed changes, the complete site plan, the proposed outdoor storage areas including the garden area and recycling areas. He stated the parking stalls exceed the City's requirements by 40 stalls in order to accommodate the proposed outdoor seasonal sales area. He explained the proposed access points including a'/ interchange on Bunker Lake Boulevard. The Anoka County Highway Department has provided conceptual approval of this intersection. The Anoka County Highway Department has also reviewed the traffic study and impacts and concluded that no improvements will be necessary for the intersections. He explained Walmart's policy regarding idling trucks and recycling. He also reviewed the lighting for the project including the parking lot. He explained there would be two (2) lots created with the approval of the plat. The 19.69 -acres will be purchased by Walmart and Mr. Povlitzski will retain ownership of the 6.38 -acre outlot. Coon Creek Watershed District has provided a letter giving preliminary approval of the grading and storm water plans for the project. He pointed out that the storm water would not be directed to Crooked Lake. He also reviewed the landscaping plan. Mr. Mark Hoy, SAIL, St. Paul, MN reviewed the architectural components of the project including the building elevations, layout, materials, and the sustainable elements and systems. He explained the building was designed to be similar to existing buildings in the area and where it was appropriate and applicable the scaling of the building was Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 3 ® brought down to pedestrian scale. He stated the proposed outdoor seasonal sales area would be used from March to November. Community Development Director Carlberg explained the site is zoned general business and retail sales and service is considered a permitted use in the General Business district. He explained the application will need to be acted on because the City has exhausted its ability to request additional extensions. Any additional extensions would need to be requested by the applicant and approved by the City Council. The City has obtained conceptual approval from the Coon Creek Watershed District and the Anoka County Highway Department. Commissioner Cleveland asked if the conceptual approvals were enough to move the application forward. Community Development Director Carlberg stated staff is comfortable with these approvals and moving the application forward. The applicants have met the requirements and conditions for approval. As the process moves forward the unresolved details with Coon Creek Watershed District and Anoka County Highway Department will be worked out. Commissioner Holthus asked if Anoka County had considered any other accesses. She © also asked how the outlot would be developed. Community Development Director Carlberg stated the original designs did not include the'/ access on Bunker Lake Boulevard but this was added to ease the traffic on Jay Street and provided an additional access to the property. He explained Mr. Povlitzski would retain possession of the 6.38 -acre outlot. It maybe possible for this to be rezoned in the future and developed as a residential area. In order for this to occur the City would need to consider changing the land use designation and rezoning the outlot in the future. Commissioner Peterson asked if there would be bike racks located on the property, what the plans were for snow storage, and what type of signs would be along Bunker Lake Boulevard. Community Development Director Carlberg explained there would be a separate sign application process and staff would review this to ensure it complies with the City's regulations. Chair Daninger asked if the Fire Chief had reviewed the plat to ensure emergency access was adequate. Community Development Director Carlberg stated the Fire Chief and Fire Marshal had reviewed and approved the plan. Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 4 © Mr. Hoey stated there would be a bike rack located between the two entrances of the building. Mr. Miller stated the snow removal and storage would be managed through a 3rd party vendor. He stated there was no designated area on the site for snow storage and they would like to be able to store this snow so that it would go through the storm water management system in the spring. Commissioner Olsen asked if the traffic studies indicated what percentage of the in/out traffic would use the 3/ intersection on Bunker Lake Boulevard compared to the access on Jay Street. Mr. Miller stated the traffic study anticipates 35% of the traffic to the site will come from the west and a majority of this traffic is expected to utilize the % intersection. He explained the Anoka County Highway Department looked at the gap analysis in detail and is confident the signal timing provides enough gaps in traffic for the % intersection to be effective in moving traffic. Commissioner Olsen asked if Walmart had policies that would ensure the pond was properly taken care of. © Mr. Miller explained there are State guidelines that Walmart will conform to in regards to the storm water management. Walmart will also have a 3rd party review and audit the facility to ensure compliance. Commissioner Holthus asked how often the organic recycling would be picked up and what types of items would be sold in the vending machines located outside of the building. Mr. Miller explained the organic recycling materials would be kept in self sealing plastic containers and these would be picked up every other week unless demand required more frequent pick -up. The vending machines would sell items typical for a vending machine including sweets and soda. Commissioner Gudmundson asked if this would be a 24 -hour store. Mr. Miller stated the proposed plan was for a 24 -hour location but currently this would not be permitted in this district. The City is currently working on a potential amendment to the zoning code that would allow 24 -hour operations. If this change occurs then Walmart would operate 24- hours. Community Development Director Carlberg stated the City currently does not permit 24- hour continuous operations in the General Business district. Walmart could operate 23- hours in a 24 -hour period but cannot operate 24 -hours continuously. The Planning Commission has been in the process of reviewing permitted, conditional, and interim uses Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 Page 5 © in each district and during those discussions the Commission may be asked to look at allowing 24 -hour continuous operation in the General Business and Industrial districts. Commissioner Gudmundson asked if Walmart's plans included closing the Coon Rapids location once the Andover location was complete. She also asked who would be responsible for maintaining the landscaping. Mr. Mike Sims, Mid - America Real Estate, 5353 Wayzata Boulevard, Minneapolis, stated there are no plans at this time to close any of the Walmart locations, including the Coon Rapids store. Mr. Miller stated the landscaping is handled store by store, through a third party vendor, but Walmart does have corporate regulations that need to be followed. They will meet the City's landscaping and irrigation requirements. Commissioner Nemeth asked what hours residents could expect truck traffic and noise. He also asked if the parking lot lights and signs would remain lit 24 -hours even if the store is not allowed to operate 24 -hours a day. Mr. Miller explained there would be two (2) Walmart delivery trucks each day that would arrive typically in the evening hours, prior to the start of third shift. The perishable items © would be delivered every morning and other daily deliveries would be during regular daytime hours. He stated the lights for the building and parking lot would be lit during business hours. Walmart's intent would be to operate 24 -hours a day but unless there was a City Ordinance change this would not be permitted in this location. There would be security lighting in the building during non - business hours. Commissioner Gudmundson asked where the heating and cooling units would be located. Commissioner Holthus asked if overnight parking of semi - trucks in the lot would be permitted in this location. Mr. Miller stated the heating and cooling units would be located on the roof and these would be screened from view. He also stated unless there are areas specifically designated as semi -track parking they should not be in the parking lot and this is not expected to occur at this location. Chair Daninger stated the landscape plan showed a pedestrian walkway going to the City's trail system. He would like to make sure the vegetation along this walkway is maintained. Commissioner Nemeth asked if the 10 -foot wall along the loading docks would be high enough to screen the trucks from the surrounding neighborhoods. H-7 C Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 6 Mr. Miller explained the wall would be 10 -foot and the loading dock area was also recessed 4 -feet so the effect of the wall would be 14 -feet and this would be enough to screen the trucks from view. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 9:32 p.m. Motion carried on 7 -ayes, 0 -nays vote. Ms. Dawn Schnickels- Johnson, 1553 140th Lane NW, Andover, presented the Planning Commission with a list of questions and concerns that have been brought up at the neighborhood meetings. She asked if the construction of a Walmart on this site was a going to happen for sure and if there was anything else residents could do to try and stop this project. She also asked for a list of the variances Walmart was asking the City to approve compared to other businesses that may be constructed in this location, how many liquor licenses the City has determined it could have and why one in this location, how much is owed in back taxes and who is responsible for paying this, is there any taxpayer money being used for this project, and what other buyers are interested in the property. The neighborhood is concerned because this area is zoned General Business and cannot operate 24 -hours a day and that Walmart will find a way around this regulation. Other concerns included overnight parking, agreements with surrounding businesses not to sell groceries, increased crime, and impacts to the wetlands, the amount of signs and lighting, and increased traffic. She stated the intersection at Hanson Boulevard and 140th Lane was dangerous and increasing traffic in this area would make it worse. She stated the taxpayers are asking the City listen and not make changes to the City's codes, ordinances, and regulations but to explore alternative uses for this land. Mr. Peter Jaworski, 15392 Verdin Street, Andover, stated Walmart is consistent in contracting out to non -union workers, which lowers wages that have been established in this area. He expressed concerns about traffic going west on Bunker Lake Boulevard and this has not been addressed. He asked if the retention pond would be able to handle large rain events. He does not think a store should be built in this location. Ms. Barb Drabant, 13753 Partridge Street, Andover, expressed concerns about the 24- hour lighting and noise. The current tree barrier does very little to buffer this from residents. She asked if the construction activities would be 24 -hours and how many employees this location was expected to have because this would increase traffic. She asked if a smaller Walmart had been considered because a smaller version of the store might be more acceptable to residents. Ms. Laurie Mount, 2044 138th Ave, Andover, asked how the runoff and storm water ponds would affect the private wells adjacent to the property. Mr. Nathan Munsterman, 1207 140th Lane NW, Andover, showed the current locations of area Walmarts and Sams Clubs. He expressed concerns with the proposed Walmart being so close to an existing Walmart store. He stated there is more distance between the Sams Clubs and they operate regular business hours. He asked if the applicants had Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 7 © considered a Sams Club in Andover rather than Walmart. He also expressed concerns about the increased traffic and asked if the railroad tracks had been considered when evaluating traffic impacts. He asked the City to work with the residents and keep communications open. Ms. Cindy Foster, 17572 Flintwood St. NW, Andover, asked if tax increment financing would be used for this project. She also asked about the value of Walmarts in Anoka County and if any have filed tax petition rebates and reductions in value because this will have an impact of the tax dollars in Andover. Mr. Jim Seeman, 13609 Heather Street, Andover, stated he was opposed to having a Walmart in Andover. He would like to see more reasonable planning in the City and they have a responsibility to follow through on the plans they have established for Andover Station North and integrating into Andover Station South. Ms. Kathy Heltemes, 1432 140th Lane NW, Andover, expressed concerns about increased traffic. She stated she believes the Coon Rapids location will be closing and this will impact the traffic in Andover even more. She stated there is no room on Hanson Boulevard for more traffic. She asked who would be paying to construct the 3/ intersection along Bunker Lake Boulevard. She urged the Commission not to approve this request and to find something else for this property. Ms. Jessica Rahier, 13942 Ivywood St. NW, Andover, stated she moved to Andover because of the parks, schools, and the unique quiet friendly atmosphere. She stated having a Walmart in the community will change these dynamics. She asked the City to find a different business for this location that would benefit the residents. She would like to see more done to improve the safety throughout the City. Ms. Stephanie Belpedio, Homeowners Association President for Parkside, 1808 139th Ave, NW, Andover, expressed concerns about the increase traffic and safety on Jay Street because there are ball fields and a day care along this road. Ms. Josephine Larson, 13525 Heather Street NW, Andover, expressed concerns about the traffic on Jay Street with the ball fields in this area and the outdoor garden area in the parking lot. She also asked if salt would be used in the parking lot and how this will impact the wetlands and ponds. Ms. Dawn Schnickels- Johnson stated there has not been enough emphasis on the amount of children in this area due to the Montessori school and ball fields. She would like to see the City look at other uses for this property. Mr. William Campbell, 14014 Drake Street NW, Andover, asked what other opportunities would be available for residents to discuss this project with the City and what recourse the residents would have due to the 120 day time limit expiring. Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 8 Ms. Justina Stone, 1298 140th Lane NW asked what measurements and procedures Walmart had in place to reduce the crime. Community Development Director Carlberg read e- mailed and written correspondence into the record for Mr. and Mrs. Skogberg who support the Walmart project, Mr. Charles Craven who is opposed to the project and expressed concerns about increased crime and traffic and the impacts the project would have on the wetlands, and Ms. Becky Shermann who has concerns about traffic, crime, and the access on Jay Street. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to close the public hearing at 10:15 p.m. Motion carried on 7 -ayes, 0 -nays. Community Development Director Carlberg stated Walmart was not asking for any variances and the project would meet all the City's requirements. He explained the back taxes and assessments on the property were over $400,000 and these would be paid at the time the property was sold. Walmart would be paying for the construction of the % intersection on Bunker Lake Boulevard and no City dollars would be used for this project. The agreement that was referenced regarding limiting the sale of groceries is in the covenants that govern the property on the south side of Bunker Lake Boulevard. The POVs property was privately owned and not a part of that development so it is not governed by those covenants. He stated the City has been reviewing the permitted, conditional and interim uses for all the City's Districts and part of those discussions will include allowing 24 -hour continuous operations in the General Business and Industrial districts. This is already permitted in neighborhood district and should be allowed in the General Business and Industrial districts where it would be more appropriate. He reviewed the crime relative to the surrounding Walmarts. The Blaine location averages 1 -2 calls per week and the Coon Rapids and Elk River locations average 1 -2 calls per day. The types of calls that were typical for these locations are handicap parking violations, shoplifting and vehicle accidents in the parking lots. While POVs was in operation the types of crime included bar fights, assault, and DUI. The amount of calls per week will be available at the City Council meeting. There may be more police calls to Walmart but the calls to POVs were more severe in nature. He stated Walmart will have a sidewalk along Jay Street that will allow residents to continue to walk through the area and this will be maintained by Walmart. The City has regulations in place that limit the hours of construction and Walmart will be required to follow those. He clarified the City has provided open and honest communications with the residents on the process and procedures and the communication break down that occurred today was within the resident group. There will be no TIF funds used for this project. He stated the sale of this property is a private transaction. The City does not own the land and cannot market this property without the consent of the owner. The City is not involved in the sale of this property. The City has exhausted its ability to request additional extensions regarding the preliminary plat. The City will need to take action by August 23rd. Any additional extensions would need to be requested by Walmart. Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 9 Mr. Miller stated the traffic concerns along Bunker Lake Boulevard and Hanson Boulevard fall under the jurisdiction of the County. The timing of the lights along this road needed to be addressed with the County. The traffic studies have been reviewed by the County and the City Engineer and it has been determined that the current conditions of the intersections affected by the project are acceptable and the traffic from this site can be supported on the existing roadway infrastructure with the recommended addition of the % intersection. Walmart is expecting to have approximately 300 employees at the Andover location but this may vary based on the shift and season. He explained the storm water runoff and filtration systems that will be installed by Walmart. These systems must meet all State, County and local regulations for storm water management and the Coon Creek Watershed District has reviewed the plans and has provided a conceptual approval of these systems. The current building and parking lot on the property do not meet the Coon Creek Watershed Districts requirements for storm water management and the proposed plans will be an improvement. He explained the private wells are reviewed by the Department of Health and should also meet the State, County, and local regulations and there should not be any impacts. Mr. Sims stated currently Walmart is not building any neighborhood stores in Minnesota and the building that is being proposed is considered a smaller community retail store. He explained the neighborhood stores are about 40,000 square feet and the community stores are 100,000- 400,000 square feet and the proposed building is 150,000 square feet. Walmart chooses their locations to serve the surrounding community. Marketing has shown that people do not drive as far as they used to for things. He also clarified there is no data that would support the closing of the Coon Rapids location and Walmart does not plan to close it at this time. Community Development Director Carlberg clarified no deal is complete until a permit has been issued and the land has been purchased. He stated Walmart is treated as any other business that would like to build in the City and as long as they comply with the State, County, and local regulations there is no legal standing to deny their application. The City faces a legal challenge in denying this application. Commissioner Holthus asked if Coon Creek Watershed had provided final approval for the project. Community Development Director Carlberg explained that the Coon Creek Watershed District had provided conceptual approval but they have not issued a permit at this time. The resolution presented contains a condition that Coon Creek Watershed District provides approval prior to any building permits being issues. Anoka County Highway Department has requested additional information and this will be provided as the process moves forward. The preliminary plat process does not require final approval be received from Coon Creek Watershed or the Anoka County Highway Department prior to approval of the preliminary plat. The City has received adequate information in order to proceed with the approval of the preliminary plat. After the City has approved the Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 10 preliminary plat they would proceed with getting final approvals from Coon Creek Watershed and the Anoka County Highway Department. Commissioner Gudmundson asked who prepared the traffic study and where the information had been obtained. Mr. Miller explained an independent professional traffic engineer had been hired by Walmart to prepare the traffic information. This is standard procedure for this type of development and the City Engineer had reviewed this information also. Chair Daninger asked if the City could enforce no overnight parking in this location. Community Development Director Carlberg stated the City could enforce noise ordinances but it is not likely this particular site would have overnight parking because it is not located conveniently off a highway. Commissioner Olsen stated Walmart would not be successful if people did not shop there and he does not believe having a Target or Walmart or lack thereof defines a City. If the City does not follow the regulations and laws then this would define the City. At this time it appears everything is in line with what the City has enacted therefore there is no basis for denying the application. He stated people and businesses needed to rely on the laws the City has enacted. Commissioner Holthus expressed concerns that the grading issues have not been resolved at this time. Commissioner Gudmundson agreed. She stated there are also traffic issues that are not resolved and she would like to see more information including the traffic impact study that had been prepared. Community Development Director Carlberg explained the traffic impact study. He stated there have been 4 -5 entities that have thoroughly reviewed this study and additional review would not be necessary. Commissioner Cleveland stated people need to have a sense that the City runs appropriately but he would be in favor of letting the City Council know not everyone would be in favor of this project. Commissioner Olsen stated it is irrelevant for the Commission to make a determination based on personal feelings and as long as the development meets all the requirements for the City, State, and County in regards to building, traffic, and water management, then there are no findings that would justify denial. There are people who are against this project but there are also people in favor of this project. This is a permitted use for this property. E Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 11 Chair Daninger stated he would be in favor of approving the preliminary plat. There are no violations of the City's regulations and no legal standing for denying the application. Commissioner Nemeth agreed with Commissioner Olsen. Traffic seems to be an issue. This is a private party transaction and the City cannot impede this. As long as the applicant conforms to the regulations there is no standing for denial. Commissioner Peterson stated he would also support approval of the preliminary plat. When reviewing the landscaping there is more landscaping in the parking lot for this development than in Andover Station South. He would recommend the applicant consider a decorative fence that would guide people to the front door in order to keep people out of the parking lots. Motion by Commissioner Olsen, Seconded by Commissioner Peterson to approve a Resolution Approving the Preliminary Plat of "Walmart At Andover Station" Located at 1851 Bunker Lake Boulevard NW, Andover, MN, Subject to the 10 Conditions. Motion carried on 4 -ayes, 3 -nays (Holthus, Cleveland, Gudmundson) vote. Community Development Director Carlberg stated this item would be presented to the City Council for approval at the August 21 Regular City Council Meeting. PUBLIC HEARING. CONDITIONAL USE PERMIT (12 -06) — OFF -SALE LIQUOR AND OUTDOOR DISPLAY, STORAGE AND SALES — WALMART REAL ESTATE TRUST —1851 BUNKER LAKE BOULEVARD NW Community Development Director Carlberg stated City Code 12 -12 requires a conditional use permit for off -sale liquor and outdoor storage display, storage and sales in the General Business District. The applicant is proposing to have a liquor store in the Walmart building and other goods and materials for sale and storage. The liquor store is proposed to be 1,328 square feet and would have entrances directly to the outdoors and through the grocery vestibule of the store. The City has established the number of liquor licenses is limited to one for each 6,000 residents. The estimated City population is 30,847 as of April 1, 2011. Therefore, the City has the authority to issue five (5) off -sale liquor licenses. There are currently four (4) issued and the City has the ability to grant one (1) more license in accordance with City Code. The applicant is also proposing coin operated vending machines and a propane storage unit along the front of the proposed building, outdoor storage of retail items in two (2) designated areas on the southeast and southwest corners of the front of the building, a temporary garden center area with display of garden center products, and an outdoor storage area in the rear of the store for storage of recycling materials. Commissioner Gudmundson asked if there were any provisions or ordinances that prevented the sale of liquor near schools. H Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 12 Community Development Director Carlberg stated the applicant is in compliance with all ordinances. Chair Daninger stated the Commission is charged with determining if the applicant is meeting the City's codes and by approving this request the Commission is only saying based on the City's Code the applicant can apply for a liquor license. The City Council would make the final decision on granting or denying that issuance of a liquor license. Commissioner Holthus stated according to City Code they are restricted to five (5) licenses. If they grant one to Walmart then another business wanting to operate in the City would not be able to apply for one. Community Development Director Carlberg stated that it is correct under the current City Code but the City does have the ability to change this code. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to open the public hearing at 11:14 p.m. Motion carried on 7 -ayes, 0 -nays vote. Ms. Laurie Mount, 2044 138`h Ave, Andover, stated the City has adequate off -sale liquor establishments and these are equally distributed. She does not believe another one should ® be issued. Mr. Miller had stated the outdoor storage would be from March to November. All the other businesses in Andover that operate outdoor garden areas are only allowed to have them for a couple of months. She also stated she would not like to see outdoor vending machines. The City should not have to make accommodations for businesses coming in. Mr. Dale Heltemes, 1432 140`h Lane NW, Andover, stated these items should be considered separately. He asked if the City did not allow these items if they would be in jeopardy of a lawsuit. Mr. Peter Jaworski, 15392 Verdin Street, Andover, asked if the City would revoke a liquor license if the population were to decrease since it was based on current population. Motion by Commissioner Olsen, Seconded by Commissioner Cleveland to close the public hearing at 11:20 p.m. Motion carried on 7 -ayes, 0 -nays vote. Community Development Director Carlberg explained the City had hired the McComb Group to do a retail market analysis in the City and this showed that this corridor could support 23,000 square feet of liquor sales. Currently the corridor is at 20,000 and Walmart is proposing to add approximately 1,300 square feet. The items being discussed can be separated into different motions. If the population drops he does not believe the City would revoke any liquor licenses that had been granted but the City Attorney can address this question at the City Council meeting. The outdoor vending machines would need to be maintained in accordance with City Code 12- 13 -20. He also clarified that the Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 Page 13 Planning Commission is not approving a liquor license but rather the applicant's ability to apply for one within the City Code. Commissioner Olsen asked if the City had determined the locations of the four the other off -sale liquor stores. Community Development Director Carlberg stated he was not aware of any discussions regarding the location and there were no provisions within the City Code that would establish distances between locations. Commissioner Holthus asked how long the temporary garden area would be in place. She stated the outdoor garden area would need to be well maintained. Mr. Miller stated the garden area in the parking lot would be used from March to July. They would also like to display seasonal items in the southeast and southwest corners of the front of the building from March to November. The exact items that would be displayed could be discussed. The outdoor garden area would also have the ability to process sales remotely. Commissioner Peterson asked if there would be enough room along the sidewalk for the outdoor items and people. Mr. Hoey stated the sidewalks would be wide enough to accommodate both the merchandise and guests. Chair Daninger stated he would like to see different motions for the storage and display items and the liquor license. He would approve the outdoor garden area in the parking lot for a shorter period. Commissioner Peterson stated he would like to see the aesthetics of the building along the east facade improved. Mr. Hoey explained the outside architecture of the building. Commissioner Gudmundson asked about the landscaping in the parking lot and how this would be maintained. She stated she would also prefer to have the vending machines inside the building and she would not be in favor of the outdoor storage areas. Community Development Director Carlberg stated the landscape plan that has been provided is acceptable and appears to meet the City's landscape requirements. The landscape plan would be reviewed in greater detail as the process moves forward. Commissioner Olsen expressed concerns with the items that may be stored outdoors. The application provides a list of items but also says it is not limited to these items. He also stated he would like to see the items limited and the time frame for these items to be Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 14 displayed shortened. He would recommend the approval of the liquor license to the City Council since the City has one available and there are no other issues. Motion by Commissioner Holthus, Seconded by Commissioner Olsen to split the resolution into two (2) separate resolutions. One Resolution Granting the Conditional Use Permit for Off -Sale Liquor on Property Located at 1851 Bunker Lake Boulevard and the second a Resolution Granting the Conditional Use Permit for Outdoor Display, Storage and Sales on Property Located at 1851 Bunker Lake Boulevard. Motion carried on 7 -ayes, 0 -nays vote. Commissioner Gudmundson stated she would not approve off -sale liquor sales at the Walmart location because it would create additional safety issues with the school and ball fields being in the neighborhood. Commissioner Nemeth stated he would not support off -sale liquor sales because there are enough liquor stores in Andover and other Walmart locations do not have liquor stores in them. Chair Daninger stated the Commission has to determine if the request for an off -sale liquor license fits the City's criteria. The Commission is not approving the issuance of the liquor license. Commissioner Cleveland pointed out the request for off -sale liquor. People would not be drinking on the property. The Commission is only granting permission for Walmart to apply for an off -sale liquor license. Commissioner Olsen stated the request does meet the criteria of the City. If the Commission denies the request then specific reasons will need to be provided. Chair Daninger clarified the reasons for denial would need to be more specific than just safety concerns. Commissioner Peterson asked what the hours of operation would be for the liquor store. Chair Daninger stated these were regulated by State statutes. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to Approve a Resolution Granting the Conditional Use Permit for Off -Sale Liquor on Property Located at 1851 Bunker Lake Boulevard with the Conditions Outlined in the Resolution. Motion carried on 5 -ayes, 2 -nays (Nemeth, Gudmundson) vote. Chair Daninger clarified the outdoor storage included the vending machines, the outdoor garden area, the seasonal display areas in the front of the building and the storage area in the rear of the building. Regular Andover Planning and Zoning Commission Meeting Minutes —August 14, 2012 Page 15 Commissioner Holthus stated she supports the storage area in the back of the building but would not support the seasonal sales area. She does not think the parking lot should be used long term as a sales area. She would rather see more decorative items in the parking lot. Commissioner Cleveland suggested establishing dates for when the parking lot could be used for display and sales. Chair Daninger stated the Commission would need to define specific reasons for denial. He stated he would support a short-term use of the parking lot for garden display. Commissioner Olsen stated he would like to see a more limited scope of items allowed to be displayed and sold. Motion by Commissioner Olsen, Seconded by Commissioner Cleveland to Approve a Resolution Granting the Conditional Use Permit for Outdoor Display (Primarily Plants) From March 15 to July 15, Storage and Sales on Property Including Outdoor Vending Machines Located at 1851 Bunker Lake Boulevard With the Conditions as Outlined in the Resolution. Chair Daninger suggested staff further define the items permitted in the outdoor display areas prior to the City Council meeting. The motion was called to a vote. Motion carried on 4 -ayes, 3 -nays (Nemeth, Gudmundson, Holthus) vote. OTHER BUSINESS. Community Development Director Carlberg stated the retail market analysis prepared by the McComb Group was complete and this would be presented at a public meeting to the business community, the EDA and the Planning Commission on Wednesday at 6:30 p.m. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 12:07 a.m. Motion carried on 7 -ayes, 0 -nays vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc.