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Home My WebLink About09/11/2012 WorkshopANLb 6 �Vg^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.LIS Andover Planning and Zoning Commission Workshop Meeting Agenda September 11, 2012 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 ANLb S�or 6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses DATE: September 11, 2012 REQUEST Please bring your workshop packet materials from the June 12, 2012 workshop. We will begin the discussion with the listed use in the table "twenty -four (24) hour continuous operation of a permitted use ". BACKGROUND The City Council at their August 28, 2012 workshop in accordance with Section 12 -14 -4 initiated a text amendment to the City Code to clarify continuous and non - continuous operation of businesses (draft minutes attached). Attached is the proposed language of the text amendment submitted by Council Member Julie Trude at the August 28th workshop. Proposed LanLrua2e The requested text amendment would add definitions of "continuous operation" and "non- continuous operation" as follows: Continuous Operation — A business that is open to the public for some portion of each hour of the twenty -four (24) hours in a day. It also includes a business that is open to the public for more than five (5) hours of the overnight period beginning at 11:00 p.m. and ending at 7:00 a.m. Non - Continuous Operation — A business that closes to the public for at least five (5) hours duration between the hours of 11:00 p.m. and 7:00 a.m. each day of the week and which is not open to the public for any portion of at least five (5) continuous hours in a day. In preparation for the discussion at the September 11`" workshop, staff conducted additional research of other city's regulations regarding hours of operation of businesses. Attached is a table with the results of this research which staff will cover in greater detail at the meeting. Staff will also ask the Commission to work through a listing of the pros and cons of regulating the hours of operation of businesses. Andover City Council Workshop Meeting DRAFT Minutes —August 28, 2012 Page 12 1 Councilmember Bukkila stated as more people are on -call then the ation cycle increases and a 2 person is not on -call every 4 -6- weeks. 3 4 It was the consensus of the Council to direct staff t o additional research and talk with Fire 5 Chief Winkel regarding potential increases fo -call status and report back to the Council. 6 7 CITY INVESTMENT REVIEW 8 9 City Administrator Dicki provided a summary of the City's Investment portfolio. He stated 10 the City of Andover I estment Policy recommends the Finance Director present to the City 11 Council quarterl e detail listing of investments held by the City. He pointed out the Vadnais 12 ;Heights Mi sota investment line item was not the sports complex in that community and this 13 s is a G.O., back by ad valorem tax. he 14 15 16 OTHER TOPICS 17 Code Amendment to Clarify Continuous and Non - Continuous Operations of Business 18 19 Councilmember Trude stated she would like the Council to consider initiating a code amendment 20 that would clarify continuous and non - continuous operations of a business for the City Code and 21 the General Business District. There is currently no definition in the current City Code. She 22 recommended the following definitions: continuous operation describes a business that is open to 23 the public for some portion of each hour of the 24 -hours in a day and it also includes a business 24 that is open to the public for more than 5 -hours of the overnight period beginning at 11 p.m. and 25 ending at 7 a.m. And non - continuous operation describes a business that closes to the public for 26 at least a 5 -hour duration between the hours of 11 p.m. and 7 a.m. each day of the week and 27 which is not open to the public for any portion of at least 5 continuous hours in a day. 28 29 Mayor Gamache asked about the overnight hours. 30 31 Councilmember Trude explained the business could determine the 5 -hour duration they were 32 closed as long as those hours fell between 11 p.m. and 7 a.m. 33 34 Councilmember Bukkila expressed concerns with this applying to existing businesses. She 35 stated 5 -hours would be too long of a period. There are some businesses that need to be open 36 prior to 7:00 a.m. 37 38 Councilmember Tiede stated 4 -hours would be acceptable. 39 40 Councilmember Howard stated a business like Pappy's could be open until 2:00 a.m. and then 41 open again for early breakfast at 6:00 a.m. 42 43 Councilmember Trude stated that would be permitted for Pappy's because they are in a shopping 44 center and the City allows 24 -hour operation in a shopping center. She would like to see the Andover City Council Workshop Meeting DRAFT Minutes — August 28, 2012 Page 13 1 Council propose the amendment and send it to the Planning Commission for their review 2 because they are currently reviewing the City's use chart. 3 4 Mayor Gamache stated the Planning Commission would need to hold a public hearing on this 5 type of amendment. 6 7 It was the Consensus of the Council to initiate a City Code amendment to clarify continuous and 8 non - continuous operation of business and send to the Planning and Zoning Commission for 9 review and public hearing. 10 11 ADJOURNMENT 12 13 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn the 14 August 28, 2012 City Council Workshop. The motion carried unanimously. 15 16 The meeting adjourned at 10:33 p.m. 17 18 Respectfully submitted, 19 20 Tina Borg, Recording Secretary Code Amendment to Clarify Continuous and Non - Continuous Operation of Businesses Submitted by Council Member Julie Trude, 8/28/12 workshop There are no definitions in our code for "Continuous Operation' and "Non- Continuous Operation." We need to clarify how we want these words understood. Chapter 12 has a zoning chart which states: "Twenty four (24) hour continuous operation of permitted uses." Boxes are checked so this phrase only applies in NB (Neighborhood Businesses) and SC (Shopping Center) zoning districts. An empty box for GB (General Business) indicates this is not permitted in that zoning district. However, the public is asking us how this will operate in our city. It is unclear. I suggest we add the following definitions to Chapter 12: "Continuous Operation" describes a business that is open to the public for some portion of each hour of the 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 at 11 pm and ending at 7 am. "Non- Continuous Operation" describes a business that closes to the public for at least A\ five hours duration between the hours of 11 pm and 7 am each day of the week and which is 1 {� -not open/for any portion of at least five continuous hours in a day. The "continuous operation" prevents a business from trying to close for one minute or a part of an hour and then declaring they are not remaining open continuously. The decision on S hours of continuous closing during the overnight allows a restaurant to stay open until 2 am and reopen for breakfast. A retailer could close any five of the hour$ during this time, as they chose. The public seems especially concerned about keeping late night, middle of the night traffic to a minimum so the emphasis is on closing overnight. Recently, residents at public meetings have requested the city not expand 24 -hour retail operations to the General Business zoning district besides the current Neighborhood Business and Shopping Center Districts. Concerns stated include: we are a bedroom community of young families who sleep at night, we do not have many shift workers needing this convenience so customers are likely to be those traveling into Andover reducing our usual quiet for homes near major thoroughfares, more lights are used when a business is open than when they are closed, night activity increases with lit parking lots and large parking areas are more difficult to monitor than small lots, and residents do not want to see our city code changed because they like the current character of the city. The City Council, Planning and Zoning Commission, a property owner or resident may propose a text amendment to the city code under Section A. of 12 -14 -4. The next step is for the staff to review the amendment, provide a memo to the planning commission, set up a public hearing before the planning commission and seek their recommendation, then schedule for discussion at a regular city council meeting. The time from proposal to the action at a Council meeting could be 3 weeks to 4 weeks. J. NB Neighborhood Business District: This district is used for retail sales and services in such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood Business districts are typically small plots in close proximity to or surrounded by residential areas.... K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Locations for the SC district are larger plots that can accommodate more intensive retail development.... . L. GB General Business District: These are areas containing a wide variety of business uses including retail, service and semi - industrial. As such, they may contain businesses that tend to serve other business and industry as well as those catering to shopper needs. Community Regulations for Retail Business Hours of Operation City Regulated by Code Y/N Notes Apple Valley N Blaine Bloomington N N Brooklyn Ctr N may be restricted through Dev. Agreement when abutting a neighborhood - - - -- -- — -- - - - - -- - -- — - -- Buffalo N Coon Rapids N Elk River N may be restricted through PUD or CUP when abutting a neighborhood; case by case Forest Lake N !basis but zoning code does not have specifics Fridley N may be restricted through PUD or CUP when abutting a neighborhood; case by case Inver Grove Hgts N basis but zoning code does not have specifics Maple Grove N Matomedi Y may be restricted through CUP in the B4- General Business District when abutting a neighborhood. Hrs of operation 6 am - 11 pm Minnetonka N Monticello N Plymouth N _ Richfield Roseville Y N No restrictions if placed along a county or state road may be restricted through approved PUD or CUP when abutting a neigborhood; case St. Louis Park n by case basis but zoning code does not have specifics may be restricted through approved PUD or CUP in the C1 District when abutting a Vadnais Hgts Y Ineigborhood. Hours of operation are 7 am -10 pm Woodbury J j N I —