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HomeMy WebLinkAbout#3 Garden CentersMemo To: Planning Commission Members From: Kari Barker, Associate Planner, AICP Date: July 12, 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 Temporary Outdoor MerchandisingEvents and Seasonal Outdoor Garden Centers. PLANNING COMMISSION ACTION At its June 28, 2010, Planning Commission meeting, Commissioners discussed an amendment to the Seasonal Outdoor Garden Center Ordinance. The proposed Ordinance Amendment would have allowed Garden Centers to operate for a total of ninety days but th would have eliminated the June 30 date for ending operation. At the meeting, Garden Centers were defined as having separate sales center, usually an enclosed tent, and/or a separate cash registration. Commissioners expressed a desire to regulate the sales of non-garden center items in parking lots. Examples of these items may include, but are not limited to, woodchips, landscaping tools, and bags of dirt. This regulation would be in addition to the regulations already in place for garden centers. The item was tabled to allow staff to amend the ordinance to include the sale of non- garden center items. Please see attached minutes for more information. STAFF RECOMMENDATION City Staff is recommending the combination of 155.07, Special Provisions A and B, Temporary Outdoor Merchandising Events and Seasonal Outdoor Garden Centers. Businesses would be allowed to conduct sales in their parking lots for a set amount of time each year. These sales could include automobile sales (with a Special Use Permit) and, through an administrative permit, Garden Centers, Firework sales, and outdoor landscaping materials. Commissioners are asked to review the attached Draft Ordinance and provide comment. Staff has indicated in the Draft Ordinance that Temporary Outdoor Merchandising events would be allowed for 120 days. This takes into account the 90 days that have historically been allowed for Garden Centers and allows an additional 30 days for another sale, such as fireworks or a longer period to sell landscaping materials. Commissioners are requested to review this time period and provide comments. In addition, the Temporary Outdoor Merchandising Event Ordinance only covers sales held in parking lots. Commissioners are asked to review sales which occur on property owned by a business, but not in the parking lot. Typically, this property is adjacent to the building and may be the side or front of the business. OTHER CITIES – GARDEN CENTERS 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. OTHER CITIES – OUTDOOR SALES Lakeville- the City of Lakeville limits outdoors sales to paved surfaces provided that the area occupied does not exceed ten percent (10%) of the principal building. In addition, no storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances. Sales are limited to ninety days per year. Rosemount- the City of Rosemount limits outdoors sales lots to areas that have concrete, blacktop, or brick pavers to control dust and erosion. Further, no more than 10 percent of thetotal lot area of the principal use can be utilized. REQUEST The Planning Commission is asked to approve the draft Ordinance Amendment. ATTACHMENTS Draft Ordinance Amendment Minutes 155.07 SPECIAL PROVISIONS. (A) 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, or is defined to include the outdoor promotion and sale of goods and/or services, including, but not limited to, garden centers, inventory reduction or liquidation sales, distressed merchandise sales, seasonal sales, automobile sales and special event sales. Automobile sales require a Special Use Permit as defined in 155.32, C, 4(a). Merchandising events are limited to paved parking lots. 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)The area occupied does not exceed ten percent (10%) of the principal building square footage. (3) One event shall not exceed 60 consecutive calendar days. Any combination of events shall not exceed 60 120 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 90 consecutive calendar days and any combination of events held at a shopping center shall not exceed 75 120 calendar days per calendar year. (4) No merchandise shall be sold which would violate the city0s zoning = ordinances. (5) 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. (6) 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. (7) All signs related to the event shall comply with the standards of the zoning district. to (8) Applicant must submit a completed application form and site plan the Planning Department for review and approval depicting the following: (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 any 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 centerany structures and the surrounding site will be required prior to the garden center opening for business. (Prior Code, 10.07) ' Hastings - Land Usage (B) Seasonal outdoor garden centers may be allowed as an accessory use within the C-1, C-2, C-3, C-4, and C-5 zoning districts, subject to the requirements of this section. For purposes of this section, 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, 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; Size of the area; (b) (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) ' City of Hastings Planning Commission Minutes – June 28, 2010 Page 1 of 4 Hastings Planning Commission June 28, 2010 Regular Meeting Chair Zeyen called the meeting to order at 7:00 p.m. Roll Call 1. Commissioners Present: Peine, Rohloff, Slaten, Stevens, Vaughan, Zeyen Commissioners Absent: Bullington Staff Present: Associate Planner Barker, Associate Planner Fortney Approval of Minutes – June 14, 2010 2. Motion by Commissioner Slaten to approve the June 14, 2010, meeting minutes with two changes. The first change was an incorrect spelling on Slaten and the second was on page 4 to identify the resident as Pete Likes. Seconded by Commissioner Rohloff. Upon vote taken, Ayes 6, Nays 0. Motion carried. PUBLIC HEARINGS City of Hastings – 3.Ordinance Amendment #2010-30 – Garden Centers. Associate Planner Barker presented the staff report. Chair Zeyen opened the public hearing at 7:04. No members of the public spoke to the issue. Chair Zeyen closed the public hearing at 7:04. Commission Slaten asked for clarification between Garden Centers and outdoor sales. Associate Planner stated that Garden Centers have a separate sales center and a separate cash registration. Commissioner Slaten asked if Wal-Mart is required to get a permit for their outdoor sales. Associate Barker explained they are not required to get a permit as they do not have a separate sales area or temporary structure for sales. Commissioner Stevens asked if the sale of landscaping items was included in the Ordinance. Associate Barker explained that the sale of landscaping items is not included in the Ordinance. Commissioner Slaten asked if Wal-Mart was not regulated due to the lack of having a register. Associate Barker stated it was more because Wal-Mart lacked a temporary sales center, such as a tent. Commissioner Vaughan stated there is not a major difference between Garden Center Sales and City of Hastings Planning Commission Minutes – June 28, 2010 Page 2 of 4 landscaping sales as they both take up parking spaces. Further, both should be inspected as they take up parking spaces. Commissioner Stevens stated all outdoor sales should be looked at for safety, parking, and access concerns. Commissioner Slaten suggested that before getting a permit, businesses should prove they have enough parking for the Garden Center or outdoor sale. He recommended putting language in (A) (5) stating, “The site shall have adequate off-street parking that conforms with the standards of the zoning district that will exist for the proposed event and adjoining buildings.” Associate Planner Fortney stated that the Planning Commission could add this language, but that it may restrict the number of businesses that can have a sale as many businesses do not have parking spaces over the required amount. Commissioner Stevens stated that the item may need to be tabled to review. Chair Zeyen stated that both outdoor sales and Garden Centers should be required to have permits for safety, parking, and access. Associate Planner Barker asked for clarification as to having two separate permits for ninety days or one permit for both. Commissioner Vaughan suggested looking at the regulations of other cities. Commissioner Slaten asked about how Farmer’s Markets are regulated. Associate Planner Barker stated they are excluded under state statue as agricultural uses. Motion by Vaughan to recommend tabling the Ordinance Amendment for Garden Centers. Seconded by Stevens. Upon vote taken, Ayes 6, Nays 0. Motion carried. City of Hastings – 4.Ordinance Amendment #2010-31 – Monument Sign Height. Associate Planner Fortney presented the staff report. Chair Zeyen opened the public hearing at 7:21. No members of the public spoke to the issue. Chair Zeyen closed the public hearing at 7:21. Commissioner Peine stated that the sign base would be covered by landscaping. Therefore, all that would be seen would be the sign and not the base. Commissioner Peine was not certain an ordinance amendment would fix this issue. Commissioner Stevens inquired about the Wells Fargo sign along with Holiday and M & H gas stations. Associate Planner Fortney stated these are poles signs and are legally nonconforming. He stated that only the sign faces can be replaced on these types of signs. City of Hastings Planning Commission Minutes – June 28, 2010 Page 3 of 4 Commissioner Stevens asked where the sign height is measured from. Associate Planner Fortney stated that the height is measured from the ground. Commissioner Stevens stated that a berm could be built to allow a higher sign. He stated he was not sure if he wanted to change the ordinance to meet the needs on one specific signs. Commissioner Stevens further stated a change in ordinance may result in other signs changing. Commissioner Slaten stated that NAPA had plans for a berm. Associate Planner Fortney confirmed that Napa was planning a berm between the parking lot and the street of 1.5 feet. Commissioner Slaten stated NAPA could place the sign on the berm and get the height they desired. Associate Planner Fortney explained that NAPA originally wanted a 12 foot tall sign and that staff was comfortable with 9 feet if 3 feet of the sign were a base. He stated that the sign would give them an additional 1.5 feet, beyond the 6 foot maximum, but added that he was not sure if the sign will be installed in the area of the berm. Commissioner Vaughan proposed staying with the current ordinance as there are other ways for businesses to attract business. Motion by Vaughan to recommend denial of the Ordinance Amendment for Monument Sign Height. Seconded by Stevens. Upon vote taken, Ayes 6, Nays 0. Motion carried. OTHER ACTIONS Carl Fultz – 5.OHDS Review #2010-33 – Construction of a Garage. Associate Planner Barker presented the staff report. Commissioner Slaten asked why this home was in the district as homes in the immediate area were built in the 1950’s and 1960’s. He stated this area does not fit in the district. Associate Planner Fortney stated that the boundaries of the district were chosen because its area encompasses the majority of homes from the 1940’s and earlier, but there are exceptions in the district. Because the home is in the district, they are required to follow the approval procedures. Fortney added that the Commission may take into account the era of the block when reviewing the application. Chair Zeyen inquired about condition number 5 regarding the setback. Associate Planner Barker stated that 5 feet was the requirement for accessory structures and this applicant met the requirement. Motion by Vaughan to recommend approval of OHDS review for construction of a garage at th 526 7 St West. Seconded by Stevens. City of Hastings Planning Commission Minutes – June 28, 2010 Page 4 of 4 Upon vote taken, Ayes 6, Nays 0. Motion carried. Other Business 6. Associate Planner Barker updated the Commission on upcoming items. Adjourn 7. Motion by Slaten to adjourn the June 28, 2010, Planning Commission meeting. Seconded by Peine. Upon vote taken, Ayes 6, Nays 0. Motion carried. The meeting was adjourned at 7:43 p.m. Next Planning Commission Meeting – Monday, July 12, 2010 Respectfully submitted, ___________________________ Kari Barker Recording Secretary