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HomeMy WebLinkAbout#4 Garden CenterrsMemo To: Planning Commission Members From: Kari Barker, Associate Planner, AICP Date: June 28, 2010 Subject : Ordinance Amendment 2010-#30 - Hastings City Code Chapter 155.07, Special Provisions relating to Seasonal Outdoor Garden Centers REQUEST The City is requesting an Amendment to Hastings City Code Chapter 155.07, Special Provisions relating to Seasonal Outdoor Garden Centers. The proposed change in the Seasonal Outdoor Garden Center Ordinance was discussed during the recent changes to the Transient Merchant Ordinance. As a result, the proposed Ordinance Amendment would still allow Garden Centers to operate for a total of ninety th days but would eliminate the June 30 date for ending operation. OTHER CITIES Red Wing- the City of Red Wing allows garden centers for one month through an administrative permit. Northfield- Northfield is in the process of rewriting its ordinance. The draft ordinance proposes garden centers be allowed for 120 days. Farmington- the City of Farmington does not limit the timing of garden centers as the code is not specific to “temporary” garden centers. The code does account for commercial greenhouses and nurseries which are a permitted use in the A-1 (Agriculture) zone and a conditional use in the B-3 (Heavy Business) zone. South St. Paul– permitted through an Interim Use Permit without a set limit on days. The timeframe is determined through permit review. ORDINANCE REVIEW CHAPTER 155.07: Special Provisions 155.07 SPECIAL PROVISIONS. (A) Temporary outdoor merchandising events. Temporary outdoor merchandising events may be allowed as an accessory use within the C-1, C-2, C-3, and C-4, and C-5 zoning districts, subject to the requirements of this section. For the purposes of this section, MERCHANDISING EVENT or EVENT is defined to include the promotion and sale of goods and/or services, including, but not limited to, inventory reduction or liquidation sales, distressed merchandise sales, seasonal sales, and special event sales. The following standards shall apply to all temporary outdoor merchandising events in private parking lots. (1) A proposed event and any temporary structures to be used in that event must meet all applicable building, fire, and electrical codes and adopted appendices and city ordinances. (2) One event shall not exceed 60 consecutive calendar days. Any combination of events shall not exceed 60 calendar days per site per calendar year. For purposes of this section, shopping centers shall be considered 1 site and 1 event shall not exceed 60 consecutive calendar days and any combination of events held at a shopping center shall not exceed 75 calendar days per calendar year. (3) No merchandise shall be sold which would violate the city’s zoning = ordinances. (4) Temporary structures may be used, provided they will not impair the parking capacity, emergency access or the safe movement of pedestrian and vehicular traffic on or off the site. All temporary structures shall be constructed with materials approved for weather-exposure durability and appearance. All temporary structures shall be removed within 24 hours after the end of the event. (5) The site shall have adequate off-street parking will exist for the proposed event and adjoining buildings. In multi-tenant buildings, consideration will be given to the parking needs of the other tenants. In no event, can designated handicapped parking spaces or handicapped access be impaired by an event. (6) All signs related to the event shall comply with the standards of the zoning district. (7) Applicant must submit a completed application form to the Planning Department for review and approval. (B) Seasonal outdoor garden centers. Seasonal outdoor garden centers may be allowed as an accessory use within the C-1, C-2, C-3, and C-4, and C-5 zoning districts, subject to the requirements of this section. For purposes of this section, GARDEN CENTER is defined to include the promotion and sale of goods and/or services, including but not limited to plants, vegetation, landscaping materials, and lawn care items. Garden centers will be permitted for a maximum period of 90 days per calendar year., and all garden centers permitted under this ordinance must cease operation on or before June 30 each year. Garden centers are permitted upon application to the Planning Department for review and approval subject to the following. (1) Applicant must submit a completed application form to the Planning Department for review and approval. (2) Applicant must submit a site plan with the application, indicating the following: (a) Location on the property; (b) Size of the area; (c) Method of containment area. Indicate materials and design of the proposed garden center structure, any fencing on the site, and trash containment systems; (d) Pedestrian and traffic control safety measures. The sales area may not impeded pedestrian and vehicular circulation patterns on the site; (e) Utility plan; indicate how water and electricity will be provided to the site; and (f) An inspection by the Fire Marshal of the garden center and surrounding site will be required prior to the garden center opening for business. (Prior Code, 10.07) '