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HomeMy WebLinkAboutWK-April 9, 2013ANL6 1 © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda April 9, 2013 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses 3. Other Business 4. Adjournment u x 4 ANLb 6 W A PLANNING AND ZONING COMMISSION WORKSHOP MEETING APRIL 9, 2013 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 9, 2013, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Cleven, Lynae Gudmundson, Valerie Holthus, and Kyle Nemeth Commissioners absent: Commissioners Bert Koehler and Steve Peterson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES City Development Director Carlberg reviewed the previous workshop meetings with the Commission in order to start working on changes to the City Code 12 -12 along with how the IUP (Interim Use Permit) definition came about. He noted that he reviewed other cities codes to see how they handled interim use items. ITEM 5 — ANY INCIDENTAL REPAIR, PROCESSING, AND STORAGE NECESSARY TO CONDUCT A PERMITTED, COMMERCIAL OR INDUSTRIAL USE Mr. Carlberg noted this item goes back to the original City Code from 1970. He noted he thought this was a catch all in case something was needed to be done on the side that was needed to have the principal business to operate. This does not become the main business use. He thought it was good to leave this item in the code. Commissioner Nemeth thought this was discussed previously to allow repairs to be done if needed at a retail business. 0 Staff suggested leaving this item as is. The Commission agreed. Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 2 J Chair Daninger asked for a definition of this item. He wondered why it would not just be permitted. Mr. Carlberg said they do not want it to be the main use, it would be an accessory to the main use. ITEM 18 — CHRISTMAS TREE SALES City Planner Hanson indicated this item would be an item to be considered as an IUP (Interim Use Permit) but staff needed to know what districts would this include. Mr. Carlberg did not think it should be an IUP in the Shopping Center District but would be ideal to allow a Cub Scout group to be approved for an IUP to sell Christmas trees in a parking lot. He noted this is also marked in the residential district. He stated there are so many scenarios and how the City should regulate them. Commission Gudmundson asked if there are any regulations for seasonal sales on farm property. Mr. Carlberg stated there are regulations regarding selling agricultural products grown on the property. Commissioner Holthus wondered if this item could be left as a separate item and continue the CUP. Mr. Carlberg stated the only problem with that is a sunset clause cannot be put on the CUP. Commissioner Nemeth thought this would be more of a temporary thing and a CUP may not be appropriate. Mr. Carlberg stated they need to differentiate between a business that has a defined garden center out of their retail operation versus a stand alone, seasonal operation doing business out of a parking lot. That type could have an IUP attached to it with a timeframe. The Commission and staff discussed possible businesses where an IUP would be appropriate. Mr. Carlberg noted that if a business has a CUP and goes out of business, the next business that came in would be covered under the CUP but if there was an IUP with the business, it would be done if a business were to fold and would not follow through to the new business. The Commission's suggestion was to eliminate Item 18 and combine everything under Item 81 and will be an IUP (Interim Use Permit), which will cover all the different business scenarios discussed. ITEMS 23 & 24 — COMMERCIAL ANIMAL TRAINING AND COMMERCIAL DOG KENNEL LICENSE X Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 3 © Commissioner Holthus indicated she would like to see the code for this. Mr. Carlberg indicated the City allows three dogs on a property without a kennel license but if there are more than three dogs the resident needs to apply for a kennel license. This is all related to animal control of dogs and cats, commercial and non - commercial. Ms. Hanson read Code 5 -1 A to the Commission. There were no changes made to this item. ITEM 25 — COMMERCIAL GREENHOUSE Ms. Hanson noted she looked at some other cities codes regarding commercial greenhouse definitions and she did not see anything. Commission Gudmundson wondered why this was not permitted in the business districts. Mr. Carlberg thought it was because the property was already designated as commercial property. Chairperson Daninger thought they should remove this from the high density residential district but leave it as a CUP in the other areas. Commission Gudmundson wondered if they should put an "I" in the residential district for commercial greenhouse. Commissioner Holthus did not see this as a temporary use. Mr. Carlberg stated nothing prevents anyone from growing things. He noted Bonnie Dehn's business is considered agricultural but if they brought in plants to sell, it would be considered commercial. Commissioner Holthus thought they may need to define what commercial greenhouse is. Mr. Carlberg thought the definition should say "A greenhouse that allows product not raised on site to be sold." Commissioner Holthus asked if there was a definition for commercial. Mr. Carlberg did not think there was. There was no decision that was needed to be made on this item. Continuous vs. Non Continuous Mr. Carlberg stated the question the Commission wanted to discuss was if they wanted to allow a business to be open for 24 hours. Do they want to allow hotels and restaurants in the GB district with a CUP. Commissioner Gunderson asked what the criteria would be for this. She thought a CUP © followed the property, would that allow another business to come in if the business given the CUP were to close and build something that would not be in character with the area. Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 4 © Chairperson Daninger stated for him to do the IUP, it needs to make sense. He was more concerned with a hotel coming into Andover; without continuous business this would never happen. Commissioner Holthus stated there is a PA (Permitted Accessory). She thought a waterpark could be considered a permitted accessory. Commissioner Gudmundson thought this was the only way to do this. Chairperson Daninger indicated there is a cause and effect of this. He noted that a restaurant may be affected by this. Chairperson Daninger thought it would affect other businesses besides a hotel. He thought this could prohibit a business from getting established in Andover. Commissioner Gudmundson thought this has already happened. Commissioner Holthus thought it is a matter of common sense that hotels are always open 24 hours. Chairperson Daninger thought a CUP would allow the hotel to be open 24 hours. Mr. Carlberg indicated Item 54 did not have anything across the board until they added C's to it. Chairperson Daninger reviewed what the Commission discussed for Item 54. ITEM 34 — RESTAURANT OR OTHER ESTABLISHMENT WITH LIVE ENTERTAINMENT Ms. Hanson indicated she did not find any definition for this in other cities. Mr. Carlberg indicated restaurants are a permitted use in the commercial areas under 101. He wondered if they even needed the line. Chairperson Daninger indicated if there is noise outside, that would be taken care of under the noise ordinance so he did not think this was necessary. Mr. Carlberg wondered why they would need to regulate entertainment. Commissioner Holthus thought there would be other areas in the City Code that would regulate adult entertainment in the City. She thought that they could remove the line. The Commission decided to remove Item 34 from the City Code. ITEM 36 — DAYCARE CENTERS (DROP IN) Ms. Hanson did not find any definitions on this item in other cities. The Commission decided this did not need to be defined. ITEM 40 — DRY CLEANING PROCESSING Mr. Carlberg stated they have defined this in the City Code. © The Commission thought this definition was ok in City Code but they should put a "C" in the Industrial Zone. 1J Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 5 BED AND BREAKFAST Ms. Hanson indicated this was not in the City Code and the Commission wondered if this should be allowed in the City. Mr. Carlberg wondered what the difference in definitions would be with a resort and bed and breakfast. Commissioner Gudmundson wondered why they would have a separate definition for this item when it is not included in the Resort Code. She thought all of the details would be worked out in the CUP. The Commission discussed and reviewed possible businesses that could be included as a bed and breakfast such as scrapbook retreats, etc. Commissioner Holthus thought they could include bed and breakfast in the resort definition. Mr. Carlberg did not know if this would work because the resort definition indicates recreational activities and you would not want this in a high density residential district. Chairperson Daninger thought they could include this in the resort definition but have a separate paragraph with a definition so it can be included in the R -4 District. © Staff indicated they would work on the definition and bring it back to the Commission for review. ITEM 55 — INTERIOR STORAGE OF MORE THAN 8 TIRES Ms. Hanson stated this was brought up because of other uses such as bicycle shops that have tires stored on premises. Mr. Carlberg noted Tires Plus keeps tires on site for pick up. Commissioner Holthus thought they could put "Automotive" in there. Commissioner Nemeth was not sure that would encompass agricultural tires or other large tires. Chairperson Daninger thought they should leave this as is because usually a business will need to go before the Commission to get approval. The Commission felt this was ok as written. ITEM 59 — HOW TO ADDRESS BUSINESSES THAT MAY HAVE MAINTENANCE /SECURITY PERSON LIVING ON SITE Ms. Hanson stated she reviewed this code and it is fine as written. She read the part of code. 0 The Commission agreed. Andover Planning and Zoning Commission Workshop Meeting Minutes — April 9, 2013 Page 6 ITEM 73 — MEDICAL CLINICS Mr. Carlberg indicated it would be interesting to see how a 24 hour clinic concept would be dealt with. Chairperson Daninger stated this is a specific business, defined as a medical center. He thought this would have a CUP in order to have additional discussion on business use, hours, traffic, etc. when brought before the Planning Commission and City Council. It would have additional requirements before approval. ITEM 88 — PROFESSIONAL STUDIOS Ms. Hanson reviewed the definition. She stated she looked around and did not see anything specific to professional studios. She thought the question was if people could have professional studios as home occupations. Chairperson Daninger wondered if this should be permitted in the residential districts. Commissioner Holthus indicated Item 53 defines the studio. Commissioner Gudmundson thought this item would deal with professional studios in commercial areas. Commissioner Cleven thought the reason for this was because the current code lists radio or television broadcasting with antennas as part of the definition for studio. © Mr. Carlberg thought staff should look at other cities codes in order to bring back for a revised definition. Commission agreed. ITEM 96 — RENTAL BUSINESS Ms. Hanson indicated there was no information in other city codes. Chairperson Daninger thought this was a prime area for interim use. Commissioner Gudmundson asked why this would not include a "C." Mr. Carlberg stated he could see a hardware store having rental equipment as part of their business but would not want to see a rental business in a neighborhood business area. This would be allowed in GB and I districts. Commissioner Gudmundson did not know why they would choose to restrict this type of business in neighborhood business areas. Commissioner Holthus thought this should be "C" in all areas except residential. She recommended removing "I" and "P." Commissioner Gudmundson agreed. Chairperson Daninger thought they may want to define the rental business like they do medical centers. Mr. Carlberg thought they could make it an interim use. C Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 7 Commissioner Gudmundson wondered if they could have both "C" and "I" in one district. Mr. Carlberg stated they could not because it would be considered capricious and hard to determine which businesses would be considered a "C" and which would be an "I." Mr. Carlberg thought staff needed to look at this item more closely and bring it back to the Commission. The Commission agreed. ITEM 99 — RESORTS Done in a previous item. ITEM 102 — RETAIL TRADE AND SERVICES Ms. Hanson thought the Commission wanted to discuss this more because of the Christmas Trees in the definition and other uses. Chairperson Daninger thought they needed to define what retail trade and services is and what is permitted. The Commission thought it made sense to be in the general business district. Mr. ® Carlberg stated they could make this a conditional use permit based on its use. He wondered what the Commission wants to define because there are a lot of retail services listed. Mr. Carlberg thought the way it is written as a definition is ok but staff should review this further and mark duplicate items that are listed elsewhere in the Code for the Commission to review and discuss. The Commission agreed. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Holthus asked what the situation with Walmart was. Mr. Carlberg indicated Walmart closed on the property on April 3, 2013 and the demo and building permits were almost ready to be issued. Mr. Carlberg stated Christian Bros. had a ground breaking on Sunday, April 7, 2013. 0 ADJOURNMENT. Andover Planning and Zoning Commission Workshop Meeting Minutes —April 9, 2013 Page 8 Motion by Holthus, seconded by Gudmundson, to adjourn the meeting at 8:11 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Koehler, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. x H