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Home My WebLink About12.A. Text Amendment for Seasonal Sales-Ord. No. 830 I". B. CITY OF SHAKOPEE Memorandum CASE NO.: 10-004 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment for Seasonal Sales MEETING DATE: February 16,2010 REVIEW PERIOD: Proposal initiated by City staff INTRODUCTION Staff has prepared a text amendment regarding the provisions in City Code addressing the regulations associated with seasonal sales. Currently, seasonal sales are allowed in the Highway Business (B 1) Zone as a permitted accessory use. Seasonal sales are defined as temporary, seasonal sales of farm produced items such as fruits, vegetables and Christmas trees. The current regulations only stipulate that seasonal sales uses shall receive prior review and written approval from the Zoning Administrator. The current language in the City Code does not provide any criteria or regulations to measure the request against. The proposed language includes a list of conditions that must be met as a part of the application. The Planning Commission reviewed the proposed text amendment at its February meeting and recommended approval of the amendment to the City Council. A copy of the Planning Commission report is attached for the Council's reference, which includes criteria and draft findings. This item is related to Goal F: Housekeeping. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Deny the text amendment. 4. Table action on this item and direct staff to prepare additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1, approval of the text amendment, as presented. ACTION REOUESTED Approve Ordinance No. 830, An Ordinance Amending Chapter Regarding Seasonal ~ales in the Highway Business (B 1) Zone, as presented, and move its adoption. h:\cc\201O\0216\10 004 seasonal sales text amendment.docx 1 ORDINANCE NO. 830, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) REGARDING SEASONAL SALES IN THE HIGHWAY BUSINESS (Bl) ZONE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Section 11.36, Subd. 5, Item F: Temporary, seasonal sales of farm produced items such as fruits, vegetables, and Christmas trees with prior review and written approval from the Zoning Administrator or designee. Subiect to the following conditions: 1. Only 2 permits shall be allowed per year. per site. These permits shall not be issued within 3 months of each other if issued to the same organization/user; 2. Property owner's signature is required; 3. Operation of the seasonal sale shall not exceed 90 calendar days in length; 4. The seasonal sales use must meet parking setbacks established by City Code; 5. Seasonal sales use cannot inhabit any parking spaces required to meet the needs of the primary use on site; 6. Shall provide one off-street customer parking space for each 250 sq. ft. of seasonal sales display area; 7. Shall submit a scalable drawing of the proposed site showing the dimensions of the area to be used for seasonal sales. the proximity to buildings. parking lots. right-of-way or other such area. a description of any structure. implement. stand. display. prop or other such items intended to be used for the sale of the seasonal items; 8. Signage is not approved as part of the seasonal sales permit. All signage must comply with the sign regulations of the Zoning Ordinance; 9. Application for Seasonal Sales Permit shall be made not less than 10 business days prior to the date(s) for which the activity is scheduled and no more than 90 days prior to the proposed commencement of activity; 10. If the applicant is aggrieved by the decision made bv City staff. they may file an appeal to the BOAA of staffs determination within 10 days of staffs decision. Furthermore. if the applicant is aggrieved bv the decision of the BOAA. within 10 days of the BOAA decision. an appeal may be filed with the City Council. The City Council's determination shall be final. The appeal shall be in accordance with the approved procedures and fees adopted by the City Council; 11. Staff may waive the fee for a seasonal sales permit application where the entire proceeds from the operation are given to charity or used for charitable purposes or are a fundraising effort for non-profits groups. Documentation of non-profit status shall be provided to the City prior to the approval of a fee waiver. 12. Seasonal Sales permits shall require annual review. Approvals are not carried from year to year. 13. Shall not impair traffic visibility and should not be located in the r-o-w or the sight triangle. as calculated bv the City Code; 2 14. The seasonal sales use shall not impair the normal. safe. and effective operation of the permanent use on the same site 15. The City reserves the right under this Chapter to shutdown a temporary/seasonal sales operation even after the granting of an approval if the operation is posing safety concerns. has become a nuisance or has violated any requirement of this section or other provision of City Code; Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of ,2010. John 1. Schmitt, Mayor ATTEST: Jeanette Shaner, Deputy City Clerk Published in the Shakopee Valley News on the _ day of ,2010. 3 /11' . -' " .~t~'1 CITY OF SHAKO PEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Text Amendment Regarding Seasonal Sales DATE: February 4,2010 CASELOG NO: 10-004 DISCUSSION In recent years, the City has experienced some complexities when dealing with the implementation of seasonal sales regulations. When the current regulations were adopted in December 2003, the intent of the language was to provide an opportunity for staff to have' a mechanism for oversight of individual seasonal sales locations. It is necessary for the promotion and preservation of the public health safety, welfare, and aesthetics of the community that the location, size, and appearance of seasonal sales events be controlled. While providing an opportunity for merchants to sell produce and seasonal merchandise is an integral component of economic development, temporary outdoor sales events may present an obstacle to effective firefighting and other emergency services by blocking necessary exits, fire lanes, or turnaround areas. Additionally, uncontrolled and unlimited outdoor sales and displays adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth, as well as, potentially conflict with existing and neighborhood uses. Seasonal sales locations are not only temporary in nature but also may move from site to site on a yearly basis depending upon the characteristics associated with individual sites and/or vendors. Because of the opportunity for yearly adjustments in locations, size, etc., it is imperative that seasonal sales permits be reviewed annually and are not granted in perpetuity. The proposed language is intended to clarify this point as well as provide additional criteria for reviewing seasonal sales permit applications. Currently, seasonal sales are allowed as apermitted accessory use in the Highway Business (Bl) Zone, subject to prior review and written approval from the Zoning Administrator or designee. Staff has developed an application form that must be completed by applicants. Submittal information includes a narrative that outlines hours of operation and a description of the operation including a parking plan and site plan. Staffhas researched regulations utilized by other communities for seasonal sales. Using information gleaned from the research, staff has drafted a proposed text amendment that attempts to incorporate and address issues pertinent to seasonal sales in Shakopee. Language that is underlined is proposed for addition. Section 11.36, Subd. 5, Item F: Temporary, seasonal sales of farm produced items such as fruits, vegetables, and Christmas trees with prior review and written approval from the Zoning Administrator or designee. Subiect to the following conditions: 1. Only 2 permits shall be allowed per year. per site. These permits shall not be issued within 3 months of each other if issued to the same organization/user; 2. Property owner's signature is required; 3. Operation of the seasonal sale shall not exceed 90 calendar days in length; 4. The seasonal sales use must meet parking setbacks established bv City Code; 5. Seasonal sales use cannot inhabit any parking spaces required to meet the needs of the primary use on site; 6. Shall provide one off-street customer parking space for each 250 sq. ft. of seasonal sales display area; 7. Shall submit a scalable drawing of the proposed site showing the dimensions of the area to be used for seasonal sales. the proximity to buildings, parking lots. right-of-way or other such area. a description of any structure. implement. stand. display. prop or other such items intended to be used for the sale of the seasonal items; 8. Signage is not approved as part of the seasonal sales permit. All signage must comply with the sign regulations of the Zoning Ordinance; 9. Application for Seasonal Sales Permit shall be made not less than 10 business days prior to the date( s) for which the activity is scheduled and no more than 90 days prior to the proposed commencement of activity; 1 O. If the applicant is aggrieved by the decision made bv. City staff. they may file an appeal to the BOAA of staffs determination within 10 days of staff's decision. Furthermore. if the applicant is aggrieved bv the decision of the BOAA. within 10 days of the BOAA decision. an appeal may be filed with the Citv Council. The City Council's determination shall be final. The appeal shall be in accordance with the approved procedures and fees adopted by the City Council; 11. Staff may waive the fee for a seasonal sales permit application where the entire proceeds from the operation are given to charity or used for charitable purposes or are a fundraising effort for non-profits groups. Documentation of non-profit status shall be provided to the City prior to the approval of a fee waiver. 12. Seasonal Sales permits shall require annual review. Approvals are not carried from year to year. 13. Shall not impair traffic visibility and should not be located in the r-o-w or the sight triangle. as calculated bv the City Code; 14. The seasonal sales use shall not impair the normal. safe. and effective operation of the permanent use on the same site 15. The City reserves the right under this Chapter to shutdown a temporary/seasonal sales operation even after the granting of an approval if the operation is posing safety concerns. has become a nuisance or has violated any requirement of this section or other provision of City Code; FINDINGS City Code Sec. 11.83, Subd. 3 provide the criteria required for the granting of a Zoning Ordinance Amendment. Only one of the criteria needs to exist for an amendment to be warranted. These criteria are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place that mandate the requested zoning amendment. It has been and remains that the City is charged with taking measures to ensure the compatibility of seasonal sales with primary uses on site, as well as, other surrounding uses. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Increased occurrences of seasonal sales have drawn attention to the needfor further clarification of seasonal sales regulations. Outdoor sales and displays have a direct impact on and relationship to the image of the community. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. ALTERNATIVES 1. Recommend approval of the proposed seasonal sales text amendment to the City Council, as presented. 2. Recommend approval of the proposed seasonal sales text amendment to the City Council, with revisions. 3. Recommend denial of the proposed seasonal sales text amendment. 4. Continue the public hearing and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed seasonal sales text amendment to the City Council, as presented. ACTION REQUESTED Offer a motion to recommend approval of the proposed seasonal sales text amendment to the City Council as presented, and move its adoption. ~ ' l' ,6.' / . - -.- lie Ima , lanner II h:\boaa-pc\201O\02-04\seasonal sales text amendment 1O-OO4.docx