HomeMy WebLinkAbout20100802 - VII-1 & VIII-B-1Memo
To: Mayor Hicks and City Council
From: Kari Barker, Associate Planner, AICP
Date: August 2, 2010
Subject
: Second Reading/Hold Public Hearing - Ordinance Amendment
Hastings City Code Chapter 155.07, Special Provisions relating to
Seasonal Outdoor Garden Centers
REQUEST
The City Council is asked to consider a second reading and hold a public hearing to
amend Hastings City Code Chapter 155.07, Special Provisions relating to Seasonal
Outdoor Garden Centers and Temporary Outdoor Merchandising Events.
At its meeting on July 19, 2010, the City Council held the first reading and ordered a
Public Hearing. In addition, the City Council conferred with the recommendation of the
Planning Committee to change the Garden Center Ordinance by extending the time limit
from 90 days to 180 days per calendar year.
ATTACHMENTS
Draft Ordinance Amendment – Planning Committee of City Council
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 (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, zoning
districts, subject to the requirements of this section. For the purposes of this section,
MERCHANDISING EVENTEVENT
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, 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 180 days. 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