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HomeMy WebLinkAbout10/23/2012ANLb 6 W A 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 October 23, 2012 Andover City Hall Council Chambers 7:00 P.M. 1. Call to Order 2. Approval of Minutes — October 9, 2012 3. PUBLIC HEARING: Amend City Code 12 -12 - to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. 4. Other Business 5. Adjournment -ANDOVEA 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: Approval of Minutes — October 9, 2012 DATE: October 23, 2012 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the October 9, 2012 workshop. The Planning and Zoning Commission is requested to approve the minutes from the October 9, 2012 regular meeting. PLANNING AND ZONING COMMISSION WORKSHOP MEETING — OCTOBER 9, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 9, 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, Kyle Nemeth, Michael Olsen and Steve Peterson Commissioners absent: Lynae Gudmundson Also present: Community Development Director Carlberg City Planner Stephanie Hanson Others DISCUSS CITY CODE I2 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES Community Development Director Carlberg stated the Council established definitions for continuous and non - continuous hours of operation for City Code 12 -12. Footnote #10 was also added to the use table the Planning Commission has been reviewing. At this time the Planning Commission will need to review the impact of these definitions on the City's land use chart and the zoning districts in the City. The Planning Commission is asked to discuss the impacts on those businesses in the General Business District that would like to participate in Black Friday and provide holiday shopping hours. The new definitions will no longer permit these businesses to be open extended holiday hours. Those businesses that are located in the Neighborhood Business (NB) and Shopping Center (SC) Districts are permitted to be open 24 -hours continuous. He provided the Planning Commission with a letter from Fredrikson and Byron, P.A., representing Wal- Mart Stores, requesting the City to change the General Business (GB) District to be designated as 24 -hour operations permitted. He stated he had notified Target the change would not allow them to operate from midnight to 10:00 p.m. for Black Friday unless there are changes to the permitted use or another form of exemption can be arranged before that date. Chair Daninger stated the definitions have been determined and it is the Planning Commissions job at this time to look at the districts and the land use chart and determine what is best for the future of the City. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 2 Commissioner Holthus suggested changing all the listed uses in the GB District to a Conditional Use. Each business would then be evaluated and this would accomplish the goal of limiting the hours of businesses. Chair Daninger asked what the negative effects would be for this action. Community Development Director Carlberg stated there would need to be set criteria for evaluating hours of operation of a business under the conditional use permit and this could pose a problem of not being equal to every business. Commissioner Holthus stated the same criteria used for evaluating a variance should be used. The same three things are evaluated with each variance application and these need to be met in order for the City to approve a variance. Commissioner Olson stated there are some businesses that should be designated as permitted. If a hotel were interested in coming to Andover they may consider going somewhere else because they do not want to have to go through a CUP process. This type of business would want to know that it would be permitted prior to investing the money. He suggested identifying those business types that could be 24 -hour and setting those as permitted uses in the GB District. He also asked what other areas of the City are impacted by the new definition change. Community Development Director Carlberg clarified that previously it had been designated that businesses could not be open 24 -hour continuous but the new definition of non - continuous operation is more restrictive in the hours a business would be allowed to operate. Commissioner Holthus stated hotels should be considered a permitted use in the GB District and this could be identified specifically. Commissioner Olson stated there are other industry specific groupings that could be added to the permitted use in the GB District but they would need to be identified individually. Chair Daninger stated the City does not have the luxury of time with the holiday season approaching. The problem with identifying specific industry groupings would be there are new business models every year and the chart would need to be updated frequently in order to accommodate these groups. Commissioner Olson stated the definition eliminates all those businesses that are not open to the public. These would be able to operate 24 -hour continuous if they are listed as a permitted use. The GB District should not be more restrictive than the NB and SC Districts. The GB District is designated as a business area and surrounding communities are not as restrictive as Andover. He stated he would be in favor of adding restrictions to Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 3 the NB and SC Districts. He suggested setting retail and other high traffic businesses as a conditional use and leave the other uses as permitted in the GB District. Commissioner Holthus asked if the uses were changed to conditional at this time if they could be revised in the future and add notations or changes for businesses. Chair Daninger stated any changes to the land use chart would require a public hearing. Commissioner Olson stated the criteria currently used for conditional use permits are a license for arbitrary capricious actions. If the uses are changed to conditional then criteria should be reviewed and established. Community Development Director Carlberg stated if retail businesses are changed to conditional use they would not have time to make an application for holiday hours for the 2012 holiday shopping season. He explained the current situations with the hours of operation for the holiday season are a direct result of adopting definitions before the impacts could be reviewed. Commissioner Peterson asked if the businesses that currently exist would be grandparented in if the land use chart were changed for these districts. Community Development Director Carlberg stated the Commission should not assume that a business would be grandparented in but he would run this by the City Attorney. Commissioner Olson asked what options would be available for the current holiday shopping season. Chair Daninger suggested continuous operation could be a permitted use in the SC and GB and Industrial (I) Districts and a conditional use in the NB and SC Districts. This way if businesses are not grandfathered in they would not be affected. He pointed out the concerns at this time are focused on the GB District and the up coming holiday shopping season but the Planning Commission needs to look at what is best for the growth of the City and businesses in Andover. Community Development Director Carlberg stated that if continuous operation is a conditional use in the GB District, businesses would not be able to make an application and be approved in time for the 2012 holiday shopping season but if continuous operation is permitted then there would be no problems this holiday season. Chair Daninger stated the Commission could make continuous operation a conditional use and also consider adding a notation that non - continuous hours of operation would not be enforced from November 1 to January 1. This would allow retail businesses to set longer holiday shopping hours. Commissioner Holthus asked what other cities did for holiday hours. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 4 Community Development Director Carlberg explained most cities do not regulate the hours of operation in their commercial districts. This is determined by the businesses. The General Business District is designed for more intense uses and is not regulated like those districts that abut residential areas. He stated a notation could be added to the use chart. Chair Daninger expressed concerns that if everything is a conditional use there is a potential of not being fair to all businesses. He stated he would recommend conditional use in the LB and NB Districts and permitted in Industrial Districts. He stated the SC and GB Districts should have the same permitted and conditional uses and he would recommend permitted at this time. Commissioner Cleveland stated he would like to see some of the types of businesses designated as conditional use. Commissioner Olson stated there is good argument for having continuous operation a conditional use in the NB Districts. These districts abut residential areas and impact residents more. Community Development Director Carlberg recommended the City get a legal opinion regarding businesses being grandfathered in if they are currently operating continuous and the City changes this to a conditional use. Commissioner Olson stated he would recommend conditional use in the LB and NB Districts and permitted in the SC, GB, and I Districts. Commissioner Holthus stated she would like to see conditional in the LB, SC and GB Districts and permitted in the NB and I Districts, with a notation that hours of operation would not be enforced from November 24 to December 31. Chair Daninger asked why Commissioner Holthus would like to see a business operate 24 -hours in a neighborhood but not in an area that designed for these types of operations like the shopping centers and general business areas. Commissioner Holthus stated she envisions a small convenience store, such as Walgreens, in neighborhoods and this would meet the needs of the residents. Commissioner Nemeth stated CVS and County Market had tried to be 24 -hour locations but they found it did not work for them. It had been their decision to reduce their hours. A business should be allowed to set their hours and not have this regulated by the City. There are no other communities that regulate hours of operation to this extent especially in general business locations. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 5 Commissioner Peterson suggested making continuous operation conditional in all the districts. This will add a layer of control and the City could review each application based on a set criteria so that all businesses are treated fairly. Commissioner Cleveland stated businesses would not be treated fairly simply based on the nature of the conditions. He stated it would be more appropriate for the City to do what other communities are doing and permit businesses to decide how to run their business. He suggested the SC and GB Districts be permitted. The City wants to remain competitive in attracting new businesses. Commissioner Nemeth stated he would agree with the NB and LB Districts to be conditional uses and the SC, GB, and I Districts set as permitted. Commissioner Olson stated the districts are set up to have less impact on residents the further away they are. It would make sense that they be regulated the same way. The NB District abuts residential areas and should have the most restrictions while the GB District is designed to have the least impact on residents and should have less restrictions. The City should not be arbitrary in how it regulates businesses. He stated the Council has not provided direction to the Planning Commission and there has been no input from businesses making this request. Community Development Director Carlberg clarified the letter from Wal -Mart is a request for consideration in making continuous operation a permitted use in the GB District. This request procedurally is similar to the requested text amendment received from the Council asking the Planning Commission to consider adopting definitions for continuous and non - continuous operation. Something will need to be done this year in order to address the 2012 holiday shopping season or not enforce the new definitions this year. A preliminary poll of the Commissioners was taken as follows: LB and NB Districts designated as conditional use and SC, GB, and I Districts designated as permitted use — Chair Daninger, Commissioner Cleveland, Commissioner Olson, and Commissioner Nemeth. LB, NB, SC, and GB Districts designated as conditional use and I District designated as permitted — Commissioner Peterson. LB, SC and GB Districts designated as conditional use and NB and I Districts designated as permitted — Commissioner Holthus. Commissioner Nemeth stated the City would want to ask the City Attorneys to look at the Neighborhood Business District and make a determination if existing businesses would be considered grandfathered in. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 6 Chair Daninger agreed with Commissioner Holthus that the City would be giving up some authority but the City should work to be more business friendly and not make it difficult for new businesses to move into Andover. Community Development Director Carlberg clarified there were certain types of business that are regulated by the City through other City Codes and this limits certain types of businesses from being open 24 -hours regardless of where they are located. He stated that many of the current land uses in the chart were established in the 1970's and the City is just now facing problems with some of the designations. Commissioner Holthus stated the City has control during the CUP process and she would like to see the City maintain this control. Commissioner Cleveland stated under this reasoning then the entire chart should be changed to conditional and the City can pick and choose who they want to do business in the City. A final poll of the Commissioners resulted in: LB and NB Districts designated as conditional use and SC, GB, and I Districts designated as permitted use — Chair Daninger, Commissioner Cleveland, Commissioner Olson, and Commissioner Nemeth. LB, NB, SC, and GB Districts designated as conditional use and I District designated as permitted — Commissioner Peterson. LB, SC and GB Districts designated as conditional use and NB and I Districts designated as permitted — Commissioner Holthus. Staff was directed to inform the Council of the consensus and post notification for a public hearing October 23, 2012 with the Planning Commission. OTHER BUSINESS. None. ADJOURNMENT. The Planning Commission adjourned at 6:50 p.m. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — OCTOBER 9, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 9, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Kyle Nemeth, Michael Olsen and Steve Peterson Commissioners absent: Lynae Gudmundson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Assistant City Planner Andrew Liska Others APPROVAL OFMINUTES. September 25, 2012 Planning and Zoning Commission Workshop Meeting Commissioner Nemeth stated on page 3, line 2, the word "taking" should be removed. Commissioner Nemeth stated on page 3, line 16, remove the first "do" in "do you do". Commissioner Nemeth stated on page 3, line 45, remove the word "at ". September 25, 2012 Regular Planning and Zoning Commission Meeting Commissioner Nemeth stated on page 2, paragraph 7, remove the word "a ". Motion by Commissioner Cleveland, seconded by Commissioner Peterson, to approve the September 25, 2012 Planning and Zoning Commission Workshop Meeting minutes and the Regular Planning and Zoning Commission Meeting minutes as amended. Motion carried on a 6 -ayes, 0 -nays 1- absent ( Gudmundson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — October 9, 2012 Page 2 PUBLIC HEARING — REZONING REQUEST — R -1 SINGLE FAMILY R URAL TO R -4 SINGLE FAMILY URBAN — 158 73 LINNET STREET NW — SCOTT ALLEN City Planner Hanson stated the Planning and Zoning Commission is requested to review the proposed request to rezone a portion of the parcel located at 15873 Linnet St NW from R -1 (Single Family Rural) to R -4 (Single Family Urban). State Statute requires the City to meet one of the two findings: the original zoning was in error or the character of the area or times and conditions have changed to such an extent to warrant the rezoning. The property is located within the Metropolitan Urban Service Area (MUSA) and also within the current stage of sewer expansion. Times and conditions have changed with the extension of municipal sewer and water into this area of the City. It has been requested by the property owner to rezone a portion of the property to R -4 Single Family Urban and this would allow the property owner to request a lot split to create one urban residential lot and utilize the available municipal sewer and water services in the area. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Motion by Commissioner Olson, Seconded by Commissioner Cleveland to close the public hearing at 7:07 p.m. The motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Commissioner Olson stated this request was straightforward and he would support this request. Commissioner Peterson agreed and stated this would fit in with the theme of the neighborhood and there are already services to the property. Motion by Commissioner Olson, Seconded by Commissioner Peterson to approve an Ordinance Amending City Code Title 12 -3 -4, Zoning District Map of the City of Andover. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Chair Daninger stated this recommendation would be presented to the City Council at their October 16, 2012 meeting. PUBLIC HEARING — LOT SPLITIVARL4NCE REQUEST —15873 LINNET STREET NW — SCOTT ALLEN City Planner Hanson stated the property owner proposes to create a new 0.56 -acre R -4 lot and retain a 2.0 -acre R -1 lot for an existing home. Lots in the R -1, Single Family Rural District, are required to be 2 acres in size therefore the applicant is requesting a variance to lot size in the R -1 District. Minimum lot size requirements in the R -4 District are 11,400- square feet and the proposed lot size would be 24,450- square feet. Municipal sewer and water services will be available to the new lot. The minimum lot size Regular Andover Planning and Zoning Commission Meeting Minutes — October 9, 2012 Page 3 requirement in the R -1 District is 2.5 -acres and the applicant is requesting a variance to reduce the lot size to 2.0 acres. Urban development has filled in around the lot while lots directly to the north remain rural; therefore a 2.0 -acre lot will not alter the character of the neighborhood and the lot will remain as a residential use. The applicant would also like to maintain the existing septic and well, which is in compliance. There are examples of developments throughout the City that maintain septic and wells on lots ranging from 'h -acre to 2.0 acres. The City will require a 10 -foot drainage and utility easement around the perimeter of the R -1 rural lot. The R -4 lot to be served by municipal services is required to have a minimum 5 -foot easement along the side lot lines and 10 -foot easement along the front and rear lot lines. A park dedication fee of $2,650 and a trail fee of $703 will be required. Commissioner Peterson clarified the 10 -foot easement would be sufficient for the drainage needs. City Planner Hanson stated the City typically requires a 10 -foot easement to accommodate the drainage and utility needs. Commissioner Nemeth asked where the drain field was located. City Planner Hanson stated the drain field is located in the northeast corner of the property. She explained where the septic tank is located on the property. This location does meet the required setbacks. Commissioner Olson asked if the remaining property remains R -1 if the property owner would be permitted to replace the septic system rather than be required to connect to municipal water and sewer, as stated in Condition 5. Community Development Director Carlberg clarified there is a service available to this property and the property owner will be required to connect to City services if the septic system fails. Commissioner Olson asked if all parcels in the MUSA that are not currently hooked up to City service be required to hook up if it available to them and their current system fails. Community Development Director Carlberg stated this is correct. This lot does not meet the requirements and would be required to connect into the City services but the applicant is requesting a variance to the lot size and that he also be allowed to continue to use his current septic system instead of hooking up to City services at this time. Commissioner Olson asked if this property were split again in the future if the connection would be available to the property owner. Community Development Director Carlberg stated that the connection would be available because it is located in the road easement area of Linnet Street. He also clarified that any Regular Andover Planning and Zoning Commission Meeting Minutes — October 9, 2012 Page 4 additional subdivision of the property would require those parcels to connect to City services. Commissioner Nemeth asked for clarification regarding the sunset clause referred to in Condition 7. Community Development Director Carlberg stated the applicant would have one (1) year from the date of approval to complete the lot split and create the parcels. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to open the public hearing at 7:19 p.m. Motion carried on a 6 -ayes, 0 -nays, I- absent (Gudmundson) vote. Motion by Commissioner Holthus, Seconded by Commissioner Nemeth, to close the public hearing at 7:20 p.m. The motion carried on a 6 -ayes, 0 -nays, I- absent (Gudmundson) vote. Chair Daninger clarified the applicant had reviewed the conditions and agreed with them. Motion by Commissioner Olson, Seconded by Commissioner Holthus to approve a Resolution Approving a Lot Split Request to Subdivide Into Two (2) Parcels and a Variance to Reduce the Lot Size in the R -1 Single Family Rural District for the Property located at 15873 Linnet Street NW with the 7 Conditions Defined in the Resolution. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Chair Daninger stated this recommendation would be presented to the City Council at their October 16, 2012 meeting. PUBLIC HEARING —AMEND CITY CODE 12 -3 -5 REDUCING THE REAR YARD SETBACK IN COMMERCIAL AND INDUSTRIAL DISTRICTS Associate Planner Liska stated the Planning and Zoning Commission is requested to review and consider an amendment to the City Code 12 -3 -5 to reduce rear yard setback requirements from 40 -feet to 25 -feet in Commercial and Industrial Districts. A survey of surrounding community's rear yard setbacks in Commercial and Industrial zoned districts shows Andover has very restrictive requirements. Such a large required rear yard setback is detrimental in attracting new businesses as it limits the available land that can be developed. Reducing the rear year setbacks in these districts to 25 -feet would make Andover more attractive for new businesses by allowing more flexibility regarding the layout and design of the property. Commissioner Nemeth asked why the current setback was at 40 -feet. Regular Andover Planning and Zoning Commission Meeting Minutes — October 9, 2012 Page 5 Community Development Director Carlberg stated the 40 -foot setback has been in the code for years. The current City code shows that any commercial or industrial district that abuts a residential area has a rear setback of 35 -feet and 40 -feet for those that do not abut a residential area. The 40 -foot rear yard setback is outdated and changing it to 25- feet would make Andover more business friendly and competitive with neighboring communities. He clarified the 35 -foot rear yard setback for those properties that abut residential areas would not change. Commissioner Holthus asked if the City had lost a potential new business because of the setbacks. Community Development Director Carlberg stated there had been a business interested in building in Andover but because of the setbacks they were unable to build the style of building they needed. This review is also to make Andover more competitive with surrounding communities. Motion by Commissioner Cleveland, Seconded by Commissioner Peterson to open the public hearing at 7:27 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Motion by Commissioner Cleveland, Seconded by Commissioner Nemeth, to close the public hearing at 7:28 p.m. The motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Chair Daninger clarified that even if a business brings a request to the City the Planning Commission reviews the request as it impacts the entire City. Commissioner Nemeth clarified the Planning Commission had discussed this change with the Fire Chief to make sure there would be no problems for emergency vehicles. Motion by Commissioner Cleveland, Seconded by Commissioner Olson to approve an Ordinance Amending the City Code to Reduce the Rear Yard Setback Requirements to Twenty -Five Feet (25 -Feet) for Commercial and Industrial Zoned Districts. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Chair Daninger stated this recommendation would be presented to the City Council at their October 16, 2012 meeting. OTHER BUSINESS. Community Development Director Carlberg stated there were no updates at this time. Regular Andover Planning and Zoning Commission Meeting Minutes — October 9, 2012 Page 6 ADJOURNMENT. Motion by Commissioner Olson, seconded by Commissioner Cleveland to adjourn the meeting at 7:29 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1 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: Public Hearing: Amendment to the City Code 12 -12 to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. DATE: October 23, 2012 REQUEST The Planning and Zoning Commission is requested to review and consider an amendment to the City Code 12 -12 to allow the "continuous operation" of a business as a permitted use in the Shopping Center (SC), General Business (GB) and Industrial (I) Districts and as a conditional use in the Limited Business (LB) and Neighborhood Business (NB) Districts. The Commission is also requested to seek public input by holding a public hearing on the proposed amendment in accordance with Section 12 -14 -8 of the City Code. BACKGROUND The Planning and Zoning Commission at the October 9, 2012 workshop reviewed a recent amendment to the City Code defining continuous and non - continuous hours of operation. The definitions are as follows: "Continuous Operation" describes a business that is open to the public for some portion of each hour of the 24 -hours in a day. 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 five hours duration between the hours of 11 pm and 7 am each day of the week. r The Commission reviewed the definitions in reference to section 12 -12 the land use table. The Commission found that the definition of non - continuous operation limited retail businesses from expanding their hours during the holiday shopping season. The definition requires a business located in the General Business or Industrial District to close their doors to the public for 5 hours between the hours of 11:00 p.m. to 7:00 a.m. However, in the Neighborhood Business and Shopping Center Districts 24 hour continuous operation is permitted. The majority of the Commission after lengthy discussion agreed that in the SC, GB and I Districts continuous operation should be allowed as a permitted use due to the more intense land uses allowed in these districts. They also agreed that in the LB and NB Districts, which are commonly located closer to residential areas and have more of an impact on adjacent residences, to allow continuous operation only with the granting of a conditional use permit. Andover Comprehensive Plan The Commission in accordance with the City Code 12- 4 -4(B) shall review, as a policy, amendments to this Chapter of the City Code for consistency with the Comprehensive Plan. The following chapters /sections are relevant in evaluating the proposed amendment. Chapter Two of the Comprehensive Plan addresses Land Uses. Chapter Two identifies areas in the community that are appropriate for various land uses. In the case of commercial areas, three primary classifications exist as described below from excerpts taken from the plan and as identified on the attached Future Land Use Map (Figure 2.4) Limited Commercial (LC) land use district is designated for locations in the community that should be limited to primarily office uses due to their location in proximity to residential neighborhoods. This district can be used to transition from residential neighborhoods to more intense commercial uses or transportation corridors. Site design and building architecture are required to complement adjacent residential neighborhoods when so located. A combination of landscaping, berming, physical separation and preservation of natural features is necessary to provide an appropriate transition to residential neighborhoods. Area Requirements 1 -5 acres City Utilities Required within MUSA Corresponding Zoning Districts LB - Limited Business Type of Development Professional office and similar uses; not including retail sales Location Criteria Adjacent to collector or arterial street or within a City Utilities larger commercial development Corresponding Zoning Districts Design to complement surrounding land uses. Development Criteria Special care for transitions to residential. Neighborhood Commercial (NC) land use district is designated for businesses that provide services and retail goods to meet local neighborhood needs. The trade area and size of these businesses are smaller than those found in General Commercial areas. Site design and architecture is carefully reviewed to create a cohesive center that complements adjacent land uses. Linear design with storefronts and blank walls is prohibited. Special care is taken to provide appropriate transitions to residential neighborhoods with landscaping, berming, physical separation and preservation of natural features. This district requires location along a collector or arterial street and convenient pedestrian access. Neighborhood commercial locations are separated from more intense commercial land uses to avoid pressure to expand intensity beyond a neighborhood scale. Area Requirements 1 -5 acres City Utilities Required within MUSA Corresponding Zoning Districts NB Neighborhood Business Type of Development Retail trade and services serving immediate area Location Criteria Must abut intersection of collector or arterial streets Development Criteria Design to complement surrounding land uses. Limit to development nodes. Strip development prohibited. Special care for transitions to residential. Convenient pedestrian access. General Commercial (GC) is intended to be the focal point of commercial activity in the city on a larger scale than the Neighborhood Commercial District and may serve a trade area that extends beyond the City limits. This district provides a complementary mix of uses, including retail, service, office, entertainment and civic facilities. Site design must provide convenient access for both pedestrian and vehicular traffic. The architecture of structures must complement an overall architectural theme for that district. General Commercial districts that are located adjacent to residential properties must provide extensive berming, landscaping and physical separation to ensure an appropriate transition is created. Area Requirements 5 acres or more City Utilities Required Corresponding Zoning Districts SC Shopping Center GB General Business Type of Development Variety of commercial uses with large market area Location Criteria Must abut intersection of collector or arterial streets Must be located within the MUSA r Design to complement surrounding land uses. Development Criteria Limit to development nodes. Strip development prohibited. Special care for transitions to residential. Convenient pedestrian access. Chapter Two of the Comprehensive Plan also addresses Industrial Land Uses as follows: INDUSTRIAL LAND USE DISTRICT Light Industrial (LI) District is intended to provide a location for a variety of work processes such as manufacturing, warehousing, wholesaling and distributing. These uses typically involve intensive use of properties and necessitate separation from residential zoning districts. Where existing Light Industrial Districts are located adjacent to residential neighborhoods, extensive berming, landscaping and screening are necessary to mitigate potential adverse impacts. This district requires convenient access to collector and arterial streets. Area Requirements 5 acres or more City Utilities Required within MUSA Corresponding Zoning Districts I Industrial Type of Development Manufacturing, warehousing, wholesaling, Distributing Location Criteria Must abut collector or arterial streets Must be located within the MUSA' Development Criteria Separation from residential land uses necessary. ' Except the Hughs/Westview Industrial Park that presently exists outside the MUSA Limited Commercial /Medium Density In review of the above land use classifications, the Commission should determine if it is appropriate to establish hours of operation consistent with the intensity of the uses allowed in and the location of the above designated land use districts. The amendment as proposed allows a business or industry located in the most intense commercial and industrial land use districts the flexibility in deciding the appropriate hours of operation based on supportable market conditions. The proposed amendment also addresses the extension of holiday shopping hours including Black Friday which currently are not allowed as a result of the recent adoption of the definitions of continuous and non - continuous operation of a business. ACTION Upon holding a public hearing and taking public testimony, recommend to the City Council the approval of the attached ordinance amendment to City Code 12 -12 as be modified by the Commission at the meeting. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY CODE TO ALLOW FOR THE CONTINUOUS OPERATION OF A BUSINESS AS A CONDITIONAL USE IN THE LB AND NB DISTRICTS AND AS A PERMITTED USE IN THE SC, GB AND I DISTRICTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES Use Zoning Districts R- R- R -3 R -4 R- M- M- 1 2 2 3 5 1 2 GR LB NB SC GB I Twenty f ,.,. (24 ,,,.,... continuous C P P P P operation of peffpdtted Ewes a C business All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this day of , 2012. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor