HomeMy WebLinkAbout20100719 - VIII-B-4Memo
To: Mayor Hicks and City Council
From: Kari Barker, Associate Planner, AICP
Date: July 19, 2010
Subject
: First Reading/Order Public Hearing - Ordinance Amendment - 2010-
#30 - Hastings City Code Chapter 155.07, Special Provisions relating
to Seasonal Outdoor Garden Centers
REQUEST
The City Council is asked to consider first reading and to order a public hearing to amend
Hastings City Code Chapter 155.07, Special Provisions relating to Seasonal Outdoor
Garden Centers and Temporary Outdoor Merchandising Events. The Planning
Commission and Planning Committee of City Council have reviewed the request have
differing recommendations. The City Council is asked to review the recommendations
and direct action.
PLANNING COMMISSION RECOMMENDATION
At its July 12, 2010, Planning Commission meeting, Commissioners voted to approve (5-
0) an amendment to 155.07, Special Provisions A and B, Temporary Outdoor
Merchandising Events and Seasonal Outdoor Garden Centers. This amendment would
combine the Temporary Outdoor Merchandising Events and Seasonal Outdoor Garden
Centers into one permitting process, allowing sales in the parking lot for 120 days.
Please see attached amendment and minutes for further information.
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.
PLANNING COMMITTEE REVIEW
The Planning Committee met on July 13, 2010 to discuss the ordinance revision.
Committee Members discussed recent proposed changes to the Garden Center, Transient
Merchant, and Outdoor Sales provisions of the Zoning Code. The following was
discussed:
The Chamber shared concerns about having stricter requirements on
permanent businesses than on transient merchants.
Changes to the Garden Center Ordinance reviewed by the Planning
Commission including limitations to outdoor storage and parking lot
regulations.
Reasons for the change to the Garden Center Ordinance; what issues are
intended to be addressed – parking, ingress, egress, aesthetics.
ACTION:
The Committee agreed to the following actions:
Support a change in the Garden Center Ordinance to extend the limit from
90 days to 180 days per calendar year.
No support for changes to the outdoor sales provisions of the Zoning
Code.
ATTACHMENTS
Draft Ordinance Amendment – Planning Commission Recommendation
Draft Ordinance Amendment – Planning Committee of City Council
Recommendation
Planning Commission Minutes – July 12, 2010
Draft Ordinance Amendment –
Planning Commission Recommendation
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 155.07 – TEMPORARY OUTDOOR
MERCHANDISING EVENTS
BE IT ORDAINED
by the City Council of the City of Hastings as follows:
Chapter 155.07 (A) and (B) of the Hastings City Code – Temporary outdoor
merchandising events is hereby amended as follows: (Additions to the ordinance are
underlined and section numbers may be renumbered):
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
MERCHANDISING EVENTEVENT
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 city’s 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.
(8) Applicant must submit a completed application form and site plan to 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)
'
(B) Seasonal outdoor garden centers. 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,
GARDEN
subject to the requirements of this section. For purposes of this section,
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, 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)
'
All other sections shall remain unchanged.
nd
ADOPTED
by the Hastings City Council on this 2 day of August, 2010.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented
nd
to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2 day of
August, 2010, as disclosed by the records of the City of Hastings on file and of record in
the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
Draft Ordinance Amendment –
Planning Committee Recommendation
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 155.07 – TEMPORARY OUTDOOR
MERCHANDISING EVENTS
BE IT ORDAINED
by the City Council of the City of Hastings as follows:
Chapter 155.07 (A) and (B) of the Hastings City Code – Temporary outdoor
merchandising events is hereby amended as follows: (Additions to the ordinance are
underlined and section numbers may be renumbered):
(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
MERCHANDISING EVENTEVENT
section, or 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,
GARDEN
subject to the requirements of this section. For purposes of this section,
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 90180 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)
'
All other sections shall remain unchanged.
nd
ADOPTED
by the Hastings City Council on this 2 day of August, 2010.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented
nd
to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2 day of
August, 2010, as disclosed by the records of the City of Hastings on file and of record in
the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
Hastings Planning Commission
July 12, 2010
Regular Meeting
Vice-Chair Peine called the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present: Bullington, Peine, Rohloff, Vaughan, Stevens
Commissioners Absent: Slaten, Zeyen
Staff Present: Community Development Director Hinzman,
Associate Planner Barker
Approval of Minutes – June 28, 2010
2.
Motion by Commissioner Stevens to approve the June 28, 2010, meeting minutes.
Seconded by Commissioner Rohloff.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
PUBLIC HEARINGS
OTHER ACTIONS
3.City of Hastings – Ordinance Amendment #2010-30 – Garden Centers.
Associate Planner Barker presented a staff report.
Commissioner Bullington inquired about the permitting process for Garden Centers
and firework sales. Associate Planner Barker stated that Garden Centers were
currently regulated, but firework sales were not. She further stated that both would be
regulated under the new ordinance.
Commissioner Vaughan inquired about the 10 percent parking lot area condition.
Associate Planner Barker stated that the area covered by sales in the parking lot could
not exceed 10 percent of the building square footage. She stated this was decided
upon by researching other city’s ordinances.
Commissioner Stevens asked if the application had specific dates on it. Associate
Planner Barker stated that applications do have specific dates, though Garden Centers
currently need to be removed by June 30,
Commissioner Stevens thanked staff for their work on the ordinance.
Commissioner Rohloff inquired about sales on items such as shrimp and flowers.
Associate Planner Barker stated that items grown on a farm are generally excluded
under state regulations. She stated that the Planning Department does not regulate
sales such as a Schwan’s truck in a parking lot.
Community Development Director Hinzman stated that the peddler’s permit may
cover the Schwan’s Truck and explained that Transient merchants are allowed two 90
day sales periods.
Commissioner Stevens inquired about the 120 day time period. Associate Planner
Barker stated that businesses are currently allowed 90 days for Garden Center sales
and 60 for Temporary Sales Events. She stated that 120 days seemed reasonable time
period for all events in a parking lot.
Community Development Director Hinzman stated that this ordinance would limit
property owners who sell items that are normally not permitted. He used Terry’s Ace
Hardware as an example.
Commissioner Vaughan inquired if propane tank sales would be included in the
regulations. Community Development Director Hinzman stated that items sold in
front of the store on the sidewalk along with gas station islands would be excluded
from the ordinance.
Motion by Vaughan to approve the Ordinance Amendment to Garden Centers.
Seconded by Bullington.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
4.City of Hastings – Adopt Resolution –Conformance to the General Plan -
Amendment to Modify the Vermillion Street Redevelopment Plan and Establishment
of TIF District No. 5 (Napa).
Community Development Director John Hinzman presented the staff report.
Commissioner Vaughan asked if this was a reactive decision and essentially money is
being recycled. Community Development Director John Hinzman stated the value of
the increased tax value of the property would be used to help facilitate its
construction.
Commissioner Vaughan inquired why this area was not made a TIF district before.
Community Development Director John Hinzman explained that there was not a firm
development plan. He further explained the “but for” principle. This principle states
that development would not have occurred “but for” the establishment of the TIF
district.
Commissioner Stevens asked if this prevents another TIF district from being
developed. Community Development Director John Hinzman stated that multiple
projects can occur in one district.
Commissioner Stevens inquired how money is going to stimulate development.
Community Development Director John Hinzman stated that there is a gap between
revenue and costs, which TIF can be used for. In addition, the owner can recover
demolition costs per an agreement that was made prior to demolition. Finally, TIF
can be used for public improvements, such as alleys and parking lots.
Commissioner Vaughan asked if the City demolished the building. Community
Development Director John Hinzman stated that the building was privately removed.
The City had an agreement that they would allow demolition costs to be recouped if a
TIF district was developed within three years.
Community Development Director John Hinzman stated that the City of Hastings is
pretty strict is regards to the usage of TIF in comparison to other cities. He stated that
the Napa site is a prime example for the usage of TIF. Community Development
Director John Hinzman stated that without TIF to offset the cost of redevelopment,
the site may never have been developed.
Commissioner Bullington inquired if the Planning Commission would be seeing
anything related to Napa in terms of plans. Community Development Director John
Hinzman stated that the Site Plan was reviewed by the Planning Commission two
meetings ago.
Commissioner Bullington stated he wanted to make sure that the City wasn’t
overdoing auto parts stores in Hastings, particularly since one store recently went out
of business. He further stated he was in favor of the resolution, but stated the need to
be cautious of future development as they may not be a necessity.
Community Development Director John Hinzman stated that zoning provides a
general guidance to use and that the Planning Commission cannot restrict certain
business types if the zoning code is met.
Commissioner Stevens inquired how long the TIF district was in place for.
Community Development Director John Hinzman stated 16 years.
Commissioner Stevens asked about the $400,000 value, to which Community
Development Director John Hinzman stated was optimistic.
Commissioner Vaughan asked if the Planning Commission would ever see a TIF
district and then the Site Plan. Community Development Director John Hinzman
stated it the order in which they care reviewed can vary.
Commissioner Vaughan inquired what the city did to market the property.
Community Development Director John Hinzman stated that the primary
responsibility for marketing was left to the private owner, the city provides some
assistance. He stated the City may get involved if it is blighted or to use TIF to kick
start the development.
Commissioner Bullington stated it may behoove the City and Chamber to rethink the
marketing of properties. He stated that if Hastings is competing against other cities,
the city may need to work together with the Chamber to be competitive.
Motion by Stevens to recommend Adopting Resolution relating to the
Conformance to the General Plan - Amendment to Modify the Vermillion Street
Redevelopment Plan and Establishment of TIF District No. 5 (Napa). Seconded
by Vaughan.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
Other Business
5.
Community Development Director Hinzman updated the Commission on upcoming
items.
Adjourn
6.
Motion by Bullington to adjourn the July 12, 2010, Planning Commission
meeting. Seconded by Vaughan.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
The meeting was adjourned at 7:40 p.m.
Next Planning Commission Meeting – Monday, July 26, 2010
Respectfully submitted,
___________________________
Kari Barker
Recording Secretary