The URL can be used to link to this page

Home My WebLink About09/25/2012 Workshop;M1 I--- -- - - 41A 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 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 -2 -2 Definitions for Hours of Operation and 12- 12 Permitted, Conditional and Prohibited Uses related to Hours of Operation DATE: September 25, 2012 RE UEST The Planning and Zoning Commission is requested to continue the discussion of defining continuous and non - continuous hours of operation. BACKGROUND The City Council at their August 28, 2012 workshop (minutes attached) in accordance with Section 12 -14 -4 initiated a text amendment to the City Code to clarify continuous and non- continuous hours of operation for businesses in the GB, General Business District. The Planning and Zoning Commission discussed the proposed definitions at the September I Vh workshop. Language provided by the City Council was revised by the Commission as follows: Continuous O eration — A business that is open to the public for some portion of each hour of the twenty -four (24) hours in a day. Non - Continuous Operation — A business that closes to the public for at least four (4) hours duration between the hours of 11:00 p.m. and 7:00 a.m. each day of the week. The Commission also discussed at the September 11`h workshop other city's regulations regarding hours of operation of businesses. Attached is a table with the results of this research. The Commission evaluated the effect of restricting hours of operation by listing the pros and cons of implementing the definition of non continuous hours of operation of businesses. Listed pros included: Less traffic in neighborhoods Less crime/better policing Business knows hours closed City can control activity Listed cons included: Not business friendly Limits shopping options Less competition between businesses Limits return on investment Hard to enforce /regulate The Commission may also wish to .discuss what other commercial districts these definitions should apply to. Currently, 24 hour operation of a permitted use is allowed in the NB, Neighborhood Business and SC, Shopping Center Districts. These two districts are less intensive as far as the uses allowed compared to the GB, General Business District and I, Industrial District where 24 hour operation is not allowed. Attachments Table of other City's Regulations August 28, 2012 City Council Work Session Minutes Community Regulations for Retail Business Hours of Operation City Regulated by Code Y/N Notes may be restricted through Dev. Agreement when abutting a neighborhood - - -- - - - - -- - - - - -- — - - -- _ Cmay be restricted through PUD or CUP when abutting a neighborhood may be restricted through PUD or CUP when abutting a neighborhood No restrictions if placed along a county or state road may be restricted through approved PUD or CUP when abutting a neigborhood Apple Valley N Blaine Bloomington N N Brooklyn Ctr - N - Buffalo -- — N -- Coon Rapids Elk River Forest Lake - - N N N Fridley Inver Grove Hgts N N Maple Grove N Matomedi Minnetonka Monticello Plymouth Richfield N N Y Roseville N St Louis Park N Vadnais Hgts Woodbury N may be restricted through approved PUD or CUP when abutting a neigborhood N Andover City Council Workshop Meeting Minutes —A tigust 28, 2012 Page 12 Councilmember Trude suggested City Administrator Dickinson tvith Fire Chief Winkel and ask for his input. She asked if there was a different way to handle the on -call situation. She stated she would support some increase. Councilmember Knight asked how Andover compare to surrounding communities for volunteer fire fighter pay. City Administrator Dickinson stated the Cit is comparable to surrounding communities. Councilmember Bukkila stated as nloi people are on -call then the rotation cycle increases and a person is not on -call every 4 -6 -wee s. It was the consensus of the Vuncil to direct staff to do additional research and talk with Fire Chief Winkel regarding pp ential increases for on -call status and report back to the Council. CITY INVESTIVEYT REVIEW City Adminis for Dickinson provided a summary of the City's Investment portfolio. He stated the City of dover Investment Policy recommends the Finance Director present to the City Council rterly the detail listing of investments held by the City. He pointed out the Vadnais Heigl innesota ment line item was ot the sports complex in that cornrnunity and tinv tment is a G.Oby advalorem to �ljiswilI likely e includ s continent in the - - OTHER TOPICS Code Amendment to Clarify Continuous and Non- Continuous Operations ofBusiness Councilmember Trude stated she would like the Council to consider initiating a code amendment that would clarify continuous and non - continuous operations of a business for the City Code and the General Business District. There is currently no definition in the current City Code. She reconunended the following definitions: 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 p.m. and ending at 7 a.m. And non - continuous operation describes a business that closes to the public for at least a 5 -hour duration between the hours of 11 p.rn. and 7 a.m. each day of the week and which is not open to the public for any portion of at least 5 continuous hours in a clay. Mayor Gamache asked about the overnight hours. Councilmember Trude explained the business could determine the 5 -hour duration they were closed as long as those hours fell between I 1 p.m. and 7 a.m. Councilmember Bukkila expressed concerns with this applying to existing businesses. She Andover City Council 6Porkshop Meeting y Minutes— August 28, 2012 Page 13 stated 5 -hours would be too long of a period. There are some businesses that need to be open prior to 7:00 a.m. Councilmember Trude stated 4 -hours would be acceptable. Councilmember Howard stated a business like Pappy's could be open until 2:00 a.m. and then open again for early breakfast at 6:00 a.m. Councilmember Trude stated that would be permitted for Pappy's because they are in a shopping center and the City allows 24 -hour operation in a shopping center. She would like to see the Council propose the amendment and send it to the Planning Commission for their review because they are currently reviewing the City's use chart. Mayor Gamache stated the Planning Conunission would need to hold a public hearing on this type of amendment. It was the Consensus of the Council to initiate a City Code amendment to clarify continuous and non - continuous operation of business and send to the Planning and Zoning Commission for review and public hearing. ADJOURNMENT Alotion by Councihnember Bukkila, Seconded by Councilmember Howard, to adjourn the August 28, 2012 City Council Workshop. The motion carried unanimously. The meeting adjourned at 10:33 p.m. Respectfully submitted, Tina Borg, Recording Secretary