HomeMy WebLinkAbout2010 07-29 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
July 29, 2010
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes - May 27, 2010
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in
these matters.
5. Public Hearing to consider a zoning ordinance amendment to Section 35 -800 to allow
Farmers Market / Outdoor Sales Market to operate as a seasonal use with an
Administrative Use Permit.
6. Discussion Items
• Update on Planning Activities and Developments
7. Adjournment
To: Members of the Planning Commission
From: Gary Eitel, Director of Business and Development
Date: July 28, 2010
Subject: Agenda Items for the July 29, 2010 Planning Commission Meeting
Item #5. Public Hearing to consider a zoning ordinance amendment to Section 35 -800
to allow Farmers Market / Outdoor Sales Market to operate as a seasonal use with an
Administrative Use Permit.
Background Information:
Attached is a copy of the report prepared for the June 14th City Council Work Session on
Zoning Considerations Relating to Farmer's Markets and a copy of the minutes providing
policy direction to the Planning Commission.
The July 15, 2010 Planning Commission meeting was postponed due conflicting schedules
with the Twin Lakes Neighborhood Meeting and additional issues identified in meeting
with the City Attorney to draft an ordinance amendment to Administrative Permit
provisions of Section 35 -800 of the zoning ordinance.
The public hearing was rescheduled for July 29, 2010.
Section 35 -800 of the Zoning Ordinance
This section of the ordinance provides for the administrative processing of temporary use
permits for:
1. Church and civic functions, charities, carnivals, and similar purposes for periods not
exceeding 10 days,
2. Outdoor retail sales, storage, and display of merchandise or offering of services
when accessory or promoting a permitted or special use with a nonresidential
zoning district.
The initial concept of amending the zoning ordinance was to amend Section 35 -800,
Para 2.a by adding the following underlined provision:
The out of door retail sale, display, and storage o nursery and garden merchandise,
including lawn furniture and equipment and farmer's markets for a period not to
exceed 30 consecutive weeks in any one calendar year. The permit fee shall be set
forth by City Council resolution.
Additionally, Section 35 -900 Definitions would be amended to include a definition
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7 -29 -10
for a Farmers Market as an out door retail sales of agricultural and garden products.
The definition of Farmer's Market has expanded to include, but not necessarily
limited to the following;:
1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple
syrup, sorghum, jams or jellies.
2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been
started from seed or raised by the vendor for 45 days or more. The intent of this
time requirement is to ensure that plant vendors are local growers who care for or
modify their plant products in some significant way, and are not retailers who
simply buy and then resell plants.
3. Meat, poultry or fish products, if made 100% from animals or fish produced or
raised by the vendor.
4. Dairy products, if made 100% from milk produced by the vendor
S. Baked goods
6. Forest products - wood or other plant products harvested by the vendor from their
own forest land or from public land, subject to applicable permits.
7. Crafts - no crafts unless a) they are made by the vendor and substantially derived
from vendor's farm or forest products and b) they do not include purchased raw
materials or commercially prepared products, unless they are significantly
transformed through handcrafting.
8. Nothing may be sold which is prohibited under local, state or federal law or rules
A concern raised during the drafting of the ordinance is:
• Should a business use such as listed above be processed as a business license or a
special use permit?
• Additionally, should the code different intensity of sales activities and uses with
alternative permits or licenses vs. a one size (permit) fits all uses?
Staff Comment and Recommendation:
At this time, I like to review the City Council direction on proceeding with an ordinance
amendment and open the public hearing for any public comment.
After receiving public comments and discussion with the Planning Commission, I would
recommend that this item be referred back to the City Attorney to assist in the preparation
of the appropriate ordinance amendment for consideration at a future meeting..
6. Discussion Items
• Update on Planning Activities and Developments
A presentation on the current status of the development activities that have been approved
by the City and Planning Updates on the Bass Lake Road Streetscape Project, the Twin
Lakes Regional Trail Planning Study, the marketing of the Brookdale Mall properties, the
pending Brooklyn Boulevard study, and other Planning - Zoning activities.
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7 -29 -10
Councilmember Lasman asked staff to inspect the large tree limb that is extending over the
sidewalk at Halifax and 71' Avenues North. Mr. Boganey reviewed the process for removing a
tree, if it posed an eminent safety threat, and stated a Code Enforcement Officer will inspect the
property.
Councilmember Roche presented the request of the Housing Commission Chair to amend the
April 26, 2010, Work Session minutes to provide additional clarity and assure it is not
misinterpreted that the Housing Commission Chair wanted to solicit funds. Mr. Boganey read
the referenced section of the April 26, 2010, Work Session minutes and indicated there is no
attribution to the Housing Commission Chair, just the Commission.
Councilmember Roche said he would report the information to the Housing Commission Chair.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
ZONING CONSIDERATION RELATING TO FARMERS MARKETS
Mr. Eitel presented the consideration of the Planning Commission regarding amending the
zoning ordinance as it relates to farmers markets.
The Council discussed the duration of farmers markets and supported added language to specify
"during daylight hours," which would prevent the use of artificial illumination.
Mr. Boganey stated the matter before the Council is whether it supports creating a formal
structure relating to farmers markets. Hours of operation is one of many details that can be
addressed if the Council supports developing such an ordinance.
The Council discussed each of the four policy issues put forward by the Planning Commission
and reached the following consensus:
1. Does the City Council want the Planning Commission to consider changes to the
administrative land use provisions that would allow farmers markets to operate on an
annual 30 -week permit similar to out -of -door nursery and garden center sales and
displays?
The Council supported this policy question.
2. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow a farmers market to be located on a vacant commercial lot?
The Council discussed the location of commercially zoned vacant properties and it was agreed
that permission would have to be obtained from the property owner. It was acknowledged that
there is an indication of success with farmers markets when operated in conjunction with existing
retail versus operating from a vacant property.
06/14/10 -3-
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Mr. Eitel advised that farmers markets prefer sites with high visibility, high traffic volumes, and
ease of access. It is also beneficial if the site has another draw, such as a CUB Store, or
destination business.
Mr. Boganey stated the consideration is for commercially zoned lots, which restricts farmers
markets to a specific zone. In addition, language can be drafted to include size parameters. He
suggested staff identify all potential vacant commercial lot locations that meet the determined
criteria on a map so the Council can determine whether some locations are not desirable.
The Council supported changes to the zoning ordinance that would allow a farmers market to be
located on a vacant commercial lot, which are less likely to impact residential lots.
ADJOURN WORK SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Roche seconded to close the Work Session
at 6:45 p.m.
Motion passed unanimously.
RECONVENE WORK SESSION
Councilmember Roche moved and Councilmember Ryan seconded to reconvene the Study
Session at 6:47 p.m.
Motion passed unanimously.
ZONING CONSIDERATION RELATING TO FARMER'S MARKETS - CONTINUED
Discussion continued related to the policy issues put forward by the Planning Commission as
follows:
3. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow farmers markets to locate within zoning districts other than
commercial; such as institutional uses as government centers, regional library, schools,
religious institutions, and/or parks?
Mr. Eitel reviewed potential sites, other than commercial, and described how several
communities have tied the operation of farmers markets into other activities, such as park
programs, and tend to be more of a farmers fair, than a farmers market that sells produce. He
explained that in most cases, a fee is charged that covers out -of- pocket costs but is not enough to
cover the City's full cost.
The Council discussed the pros and cons of a municipally -run and regulated farmers market
versus allowing private enterprise to make application for farmers market sites. The Council
acknowledged that the City does not currently have enough staff to organize and operate a
farmers market and staff resources were better used to address redevelopment.
06/14/10 -4-
The Council requested the Planning Commission draft definition criteria for "farmers market."
4. Does the City Council find the list of products which may be offered for sale at a farmers
market acceptable? It was noted that seven categories were listed along with an indicator
that "nothing may be sold which is prohibited under local, state, or federal law or rules."
The Council discussed the need to assure that all food products sold meet health standards for
consumption. Mr. Eitel clarified that the Planning Commission recommends the City's
administrative use permit address only the location, parking area, and to assure a safe
environment. Thus, the City would not be responsible or liable for products sold. He explained
that the applicant would be responsible to assure the market is efficiently and effectively
operated, and that all products sold meet local, State, and/or Federal laws or rules.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 7:00 p.m.
Motion passed unanimously.
06/14/10 -5-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCILIECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JUNE 14, 2010
CITY HALL — COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 8:24 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche,
Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of
Business and Development Gary Eitel, Assistant City Manager/Director of Building and
Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc.
RECONVENE WORK SESSION
Councilmember Ryan moved and Councilmember Roche seconded to reconvene the Work
Session at 8:24 p.m.
Motion passed unanimously.
ZONING CONSIDERATION RELATING TO FARMER'S MARKETS - CONTINUED
Discussion continued related to the policy issues put forward by the Planning Commission as
follows:
4. Does the City Council find the list of products which may be offered for sale at a
farmers market acceptable? Seven categories were listed and an indicator that
"nothing may be sold which is prohibited under local, state, or federal law or rules."
The Council addressed the likelihood of people selling live animals and whether it would be
considered acceptable by residents. Mr. Eitel stated the topic of animal sales was not addressed
by the Planning Commission. Mr. Boganey stated that language can be added to prohibit the sale
of live animals at a farmers market..
Mr. Eitel reviewed that the intent is to consider the changes to the administrative permit process
to allow the operation of a farmers market to sell fresh and organic produce, not to create a
process to operate a flea market or fair.
06/14/10 -1-
The Council noted item 3 under question 4 relates to the sale of "meat, poultry, or fish" and
questioned the need for portable generators to provide refrigeration. Mr. Eitel explained it is
assumed the items for sale would not need refrigeration and the market would be more like a
produce stand.
Mr. Boganey stated staff is not intending to make the City the regulator for any of these
activities. Rather, the zoning ordinance amendment would provide an opportunity but the City
would not become the regulator of that opportunity. Mr. Eitel explained that the farmers market
would not include the sale of consumable foods, which would require a different type of permit.
The Council indicated support of this policy question and the proposed zoning ordinance
amendment as long as the language clearly defines all regulations, that applicant is responsible
for the operation of the market, and to assure unsold produce and litter is not left on the site.
Mr. Eitel advised that the Planning Commission indicated interest in reviewing the site plan for
30 -week permit applications and making a recommendation to the City Council. He indicated
that this ordinance amendment will be presented to the Council by the end of July following the
Planning Commission public hearing.
RECORDING OF WORK SESSIONS — COUNCILMEMBER YELICH
Councilmember Yelich presented the inquiry he received to record and broadcast Work Sessions
and suggested doing so may improve communications with residents and transparency in
decision making. He referenced staff s cost estimate of $2,000 per year and stated the intent is to
provide better communication and inform citizens about what items are coming up on future
agendas.
The Council noted that Work Session items are oftentimes discussed during the Study Session.
Mr. Boganey advised that recording the Study Session may alter the cost estimate. In addition,
the cable representative indicated including the Study Session, which starts at 6 p.m., may create
some issues with staffing.
During discussion, each Council Member stated their position regarding this request.
Councilmember Lasman noted this is not the first time such a request has been made. She
pointed out that once Study Session and miscellaneous items are completed, Work Session items
are discussed prior to the regular Council meeting, which makes effective use of the
Councilmember's time and is considerate of those who have full -time jobs. It is her preference
to not record Work Sessions so the meeting format can remain informal with less regard for
decorum and the Members can freely offer comments, ask questions, brainstorm, and discuss
what comes to mind. In addition, recording the Study Sessions and Work Sessions would impact
the City's budget.
Councilmember Roche stated he does not support recording Work Sessions, which he finds to be
the most rewarding and 'educational because that is when he can ask questions of staff and
formulate his position. He noted he is newly elected and as such, casually formatted Work
06/14/10 -2-
Sessions allow him to ask questions, make mistakes, and feel part of the team. He questioned the
number of people making this inquiry and noted the Work Sessions are open to the public.
Councilmember Roche stated his focus is that the Council has a town to run and he wants
broadcast meetings to reinforce the Council's sense of organization and ability to deliver, not
necessarily the debate on how the Council got to that point.
Councilmember Ryan expressed concern that comments made on Work Session items during an
unrecorded Study Session may be being taken out of context. He noted that comments,
questions, and answers made during Work Session debates may not be entirely factual and
corrected once researched. However, this would not be apparent to the viewer of a Work Session
broadcast. He stated he does not support the broadcast of Work Sessions because he would be
reluctant to raise some questions if he was not entirely sure he was citing the exact language or
State Statute. He stated he does support open communication and transparency and the public is
always welcome to attend. In addition, broadcasting Work Sessions would increase costs and the
budget is already challenged.
Mayor Willson presented a mock agenda that would start the regular Council meeting at 6:30
p.m. and reorder discussion of all Work Session items to follow the regular Council meeting,
noting this would assure flow of the broadcast. He indicated there is a misperception that the
Council makes its decisions during Work Sessions and only takes the final vote at the regular
meeting, so broadcasting Work Sessions would address that perception.
Mr. Boganey advised there is no legal requirement to broadcast meetings, but it was the policy
decision of the Council to do so. He noted that decisions made at the regular Council meeting are
based on vetted information; however, that may not be the case during Work Session
discussions.
Councilmember Yelich questioned why Members would be less candid if the meeting is
broadcast since all meetings are open to the public. He was unsure that was a reasonable
argument against broadcasting Work Sessions.
The Council discussed that 6:00 p.m. Study Sessions were initiated to provide newly elected
Members with additional information and the ability to ask questions off camera. The meeting
procedure has now evolved to hold a Study Session at 6:00 p.m. to discuss items on that night's
agenda and miscellaneous items and a Work Session following the Council meeting.
The Council and staff discussed when the Work Session agenda was completed and timing to
make it available to the public. Mr. Boganey stated staff could prepare the Work Session agenda
by the Wednesday before the meeting date and broadcast it on Government Access Channel 16
so it is easily and readily available to residents. It was pointed out that this procedure provides
advanced notification and transparency without added expense. To alert residents of this
advanced posting, it was suggested that Mayor Willson make an announcement at the close of
the regular meetings and that an article be included in the City's newsletter.
Mayor Willson polled the Council. Councilmembers Lasman, Roche, and Ryan indicated they
did not support a change in policy to broadcast Work Session meetings.
06/14/10 -3-
Councilmember Yelich indicated that while residents may still want Work Sessions broadcast, he
believes this is a step in the right direction to provide advanced notice and transparency.
The consensus of the City Council was to direct staff to post upcoming Work Session agendas on
Government Access Channel 16.
ADJOURNMENT
Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman
seconded adjournment of the City Council/Economic Development Authority Work Session at
9:30 p.m.
Motion passed unanimously.
06/14/10 -4-
MEMORANDUM - COUNCIL WORK SESSION
DATE: June 9, 2010
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development i A VL_
SUBJECT: Zoning Consideration Relating to Farmer's Markets
Recommendation:
It is recommended that the City Council consider providing direction to the Planning
Commission and Staff regarding amending the zoning ordinance as it relates to Farmers Markets.
Background:
On April 27, 2010 the Planning Commission reviewed the existing provisions of the Section 35 -800
Administrative Land Use permits and how these provisions were applied to the Farmers Market which
operated from the Brookdale Mall parking lot in 2009.
The Commission also was informed of interest expressed by 3 properties to either operate a farmer
market or produce stand this year:
1. The owner of Max Sun Foods, 6350 Brooklyn Boulevard, has submitted a proposal to operate a Farmer's
r Market for Minnesota Grown vegetables and fruits, that would operate Friday, Saturday, and Sundays
from June 15th thru October 315
2. Mr. Bobbie Fern, the owner of the large garden area in the Southwest quadrant of Brooklyn Boulevard
and Bass Lake Road, has indicated plans to continue a community garden activity on his property with
the sales of the produce by charitable organization. He has also indicated a desire by the charitable
organization to expand /supplement the market with other produce donated by other
farming /charitable operations.
3. Ms Yang, the organizer of last year's Farmer's Market, has indicated that she is working with Cub Foods
in providing a market this year and is interested in a applying for a 30 week permit.
There was discussion among the Commission regarding what types of products would be
allowed within the scope of a Farmer's Market and how to define proper language to specifically
describe those products without excluding such products as honey, dairy and meats.
Suggestions were made by the Commission to incorporate language that would include produce,
fruits, plants, flowers, herbs and other farm products. Additionally, the Commission discussed
changes to the ordinance that would allow an outdoor Farmer's Market on vacant commercial
land.
On May 27, 2010 the Planning Commission continued their review of farmers markets,
defining/scoping of products that could be sold, and the process of a zoning ordinance
amendment.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
.... ..... .
MEMORANDUM - COUNCIL WORK SESSION
The consensus of the Commission was to proceed with recommendations to establish/allow
Farmer's Markets under the Administrative Land Use permit process.
Attached for your reference are copies of the Planning Commission minutes and staff
memorandums for the above referenced meetings.
Section 35-800, Administrative Permits
Section 35-800 of the zoning ordinance provides for the issuance of administrative permits
for temporary land uses that do not substantially impair the parking capacity of the
principal use and that do not impair safe and efficient pedestrian or vehicular traffic on or
off the premises.
The review of the permit application includes factors such as the time of the year, parking
layout, nature of the use, and other pertinent factors relative to the request and area.
The code provides for two categories of applicants:
1. Church functions, civic functions, charities, carnivals and similar functions.
2. Permitted and Special Uses within non-residential zoning districts.
Within the non-residential districts a permit not exceeding 30 consecutive weeks in any
calendar year is allowed for out of door retail sale, storage and display of merchandise or
offering of services when accessory to or promoting a permitted use or special use within a
nonresidential zoning district. This section specifically references nursery and garden
merchandise, including lawn furniture and equipment and storage of nursery and garden
merchandise, including lawn furniture and equipment.
A review of past administrative permits indicates that these permits were issued for
seasonal plant sales that were held in the parking lots at Malborg's Nursery- Greenhouse,
Cub Foods, and Brookdale Center.
Policy Issues:
1. Does the City Council want the Planning Commission to consider changes to the
administrative land use provisions that would allow Farmers Markets to operate on an
annual 30 week permit similar to Out-of-door nursery and garden center sales and
displays?
2. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow a farmers market to be located on a vacant commercial lot?
3. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow farmers markets to locate within zoning districts other than
commercial; such as institutional uses as government centers, regional library, schools,
religious institutions, and/or parks?
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
MEMORANDUM - COUNCIL WORK SESSION
4. Does the City Council find the following list of products which may be offered for sale at
a farmers market acceptable?
1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup,
sorghum, jams or jellies.
2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started
from seed or raised by the vendor for 45 days or more. The intent of this time
requirement is to ensure that plant vendors are local growers who care for or modify their
plant products in some significant way, and are not retailers who simply buy and then
resell plants.
3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by
the vendor.
4. Dairy products, if made 100% from milk produced by the vendor
5. Baked goods
6. Forest products - wood or other plant products harvested by the vendor from their own
forest land or from public land, subject to applicable permits.
7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from
vendor's farm or forest products and b) they do not include purchased raw materials or
commercially prepared products, unless they are significantly transformed through
handcrafting.
8. Nothing may be sold which is prohibited under local, state or federal law or rules
Strategic:
1. We will positively address the community demographic makeup and increasing cultural
diversity
2. We will respond to increased public awareness and interest in environmental
sustainability and green community issues
Mission: Ensuring arc attractive, clean, safe community that enhances the quality of life and pr•esen es the public trust
------- ---- -
PLANNING COMMISSION MINUTES
REGULAR SESSION
MAY 27, 2010
DISCUSSION ITEM — FARMER'S MARKETS
Mr. Eitel presented the staff report, noting the following:
• At the April 29"' meeting, the Commission discussion a number of variables associated with
arriving at a definition of a farmers market:
• Is it appropriate to limit the products to Minnesota Grown or a local farming market?
• Recognition that the definition should not necessarily Emit the scope of the market to
farm produce products (i.e. not to exclude honey, nuts, dairy products, meat products,
eggs, bakery products, jams, jellies, preserves, etc.)
• Review of various web sites relating to Farmer's Market's and reference to Minnesota
Grown Products as a reference to fresh/daily picked produce and not shipped/resale
products.
• A definition for a Farmer's Market that is more inclusive than just agricultural products:
1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup,
sorghum, jams or jellies.
2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started
from seed or raised by the vendor for 45 days or more. The intent of this time
requirement is to ensure that plant vendors are local growers who care for or modify their
plant products in some significant way, and are not retailers who simply buy and then
resell plants.
3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by
the vendor.
4. Dairy products, if made 100% from milk produced by the vendor
5. Baked goods
6. Forest products - wood or other plant products harvested by the vendor from their own
forest land or from public land, subject to applicable permits.
7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from
vendor's farm or forest products and b) they do not include purchased raw materials or
commercially prepared products, unless they are significantly transformed through
handcrafting.
8. Nothing may be sold which is prohibited under local, state or federal law or rules
• Amending the Chapter 35-800, Para 2. (a) to include Farmers' Markets as an out of door
retail sale, display and storage of nursery and garden merchandise, including lawn furniture
and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year.
The permit fee shall be as set forth by City Council resolution.
Ms. Peony Yang, 4830 Aldrich Avenue, Minneapolis, stated to the Commission that she had a
very successful season last year with the Farmer's Market when she was located at Brookdale.
She said she has talked to Target and CUB and they were receptive to allowing a Farmer's
Market in their parking lots. Mr. Eitel added that since both locations are a commercial use,
they would be allowed under the provisions of an Administrative Land Use Permit.
Commissioner Kuykendall stated that both Target and CUB parking lots are extremely busy and
might not be able to handle additional parking and traffic flow. Mr. Eitel stated that if a
Farmer's Market were located at CUB, it would likely be in the same location that there is
currently a garden center. Commissioner Kuykendall stressed her concern with locating a
Farmer's Market in a location that already experiences heavy customer traffic where the parking
places shouldn't be compromised with another use.
There was further discussion among the Commission regarding allowing a Farmer's Market at a
location, such a vacant lot, where traffic would not be an issue rather than located at a business
that already experiences heavy traffic use and congestion.
Chair Rahn stated that for the success of the Farmer's Market it should be located in a highly
visible and accessible location.
Ms. Yang stated that in the past, the Farmer's Markets have not generated more than 20 cars at a
time. She added that customers generally come and go very quickly and do not stay around very
long.
Commissioner Parks stated that allowing a Farmer's Market with a ten day Administrative Land
Use permit for now will allow them to operate until the staff is able to define Farmer's Markets
and allow them to operate for an entire season (30 weeks) with an Administrative Land Use
permit.
Ms. Yang asked who would be allowed to apply for and receive a permit for Farmer's Markets .
and how many would be allowed in the city. Chair Rahn asked for direction from staff on the
question. Mr. Eitel responded that it would be very unlikely that the city could control the
number of Farmer's Markets allowed in the city and would not be able to limit who can apply for
a permit to operate a Farmer's Market.
Commissioner Campbell- Sudduth asked Ms. Yang why she is concerned with the issue of who
could apply for a permit. Ms. Yang responded that she feels that the Farmer's Market would be
more successful if they were all located in the same location at the same time.
Commissioner Parks pointed out that he feels that until the Farmer's Markets become more
popular in the city, he doesn't feel there will be many applying for permits, and hopefully, if
there is an interest by others, they can be coordinated. He stated that he felt it is the consensus of
the Commission to direct staff to go forward and put together an ordinance amendment that
would incorporate language to allow for Farmer's Markets under Administrative Land Use
Permits and present it to the Commission at the next meeting for review.
Commissioner Leino arrived at 8:18 p.m.
Chair Rahn left the meeting at 8:20 p.m.
Mr. Eitel identified a potential schedule for an ordinance amendment, Planning Commission
review for applications involving an extended use of a parking lot, the use of the existing ten
day Administrative Use permits to operate Farmer's Markets until an ordinance amendment is
effective, and the possibility that garden merchandise could be interpreted to include produce.
This would allow the produce component of a Farmer's Market to operate under a 30 week
permit pending an ordinance amendment.
The consensus of the Commission was to proceed with recommendations to establish/allow
Farmer's Markets under the Administrative Land Use permit process.
C
To: Members of the Planning Commission
From: Gary Eitel, Planning Commission Secretary
Date: May 26, 2010
Subj ect: Discussion Items for May 27, 2010 Planning Commission Meeting
Item # 6 Discussion Items:
A. Continued discussion on Farmers Markets: Review of Section 35 -800 Administrative
Use Permits — Outdoor Sales Markets for Produce, Fruits, Plants, Flowers and Herbs.
At the April 29 meeting, the Commission discussion a number of variables
associated with arriving at a definition of a farmers market:
• Is it appropriate to limit the products to Minnesota Grown or a local farming
market?
• Recognition that the definition should not necessarily limit the scope of the
market to farm produce products (i.e. not to exclude honey, nuts, dairy
products, meat products, eggs, bakery products, jams, jellies, preserves, etc.)
Continuing a review on the numerous web sites, I have come up with additional
- information that may be helpful to the Commissioners:
The City of Richfield's Web Site starts with a heading Enjoy Minnesota Grown
Produce
"The Richfield Farmers' Market has brought you the very best in Minnesota
grown produce since 1990. As least 80 percent of the products we sell are produced
and processed in this state. Our vendors take pride in growing and making their own
products. Generally what you buy was just picked the day before within 200 miles of
the market. Featured items include:
• Fresh fruit, vegetables and herbs
• Bedding plants, hanging baskets, cut flowers
• Meat and cheese
• Fresh bakery goods
• Honey
• Nuts
For you shopping convenience and added variety, the market makes an exception to
offer a selection of some fruits and vegetables that cannot be grown in Minnesota or
are out of season."
The City of Avon is one of the few ordinances that we have been able to identify at this time
and has been included for reference. City of Avon 2009 Farmers' Market Rules and
Regulations (attached). Identifies produce as vegetables, fruits, herbs, cut or dried flowers,
bulbs, cut or dried flowers, bulbs and bedding plants. Other agricultural products, including
meat, eggs, dairy products, and perennials may be sold if specially approved by the Board and in
compliance with State guidelines.
The University of Minnesota Extension Service has an outline on The Governance Structure of
Your Farmers' Market (attached).
An option that I would like the Commission to consider is an ordinance amendment that defines Farmers'
Markets to include, but not necessarily limited to the following products:
1. Fruits; vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup,
sorghum, jams or jellies.
2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started from
seed or raised by the vendor for 45 days or more. The intent of this time requirement is to ensure
that plant vendors are local growers who care for or modify their plant products in some
significant way, and are not retailers who simply buy and then resell plants.
3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the
vendor.
4. Dairy products, if made 100% from milk produced by the vendor
5. Baked goods
6. Forest products - wood or other plant products harvested by the vendor from their own forest land
or from public land, subject to applicable permits.
7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's
farm or forest products and b) they do not include purchased raw materials or commercially
prepared products, unless they are significantly transformed through handcrafting.
8. Nothing may be sold which is prohibited under local, state or federal law or rules
And amending the Chapter 35 -800, Para 2. (a) to include Farmers' Markets as an out of door
retail sale, display and storage of nursery and garden merchandise, including lawn furniture and
equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The
permit fee shall be as set forth by City Council resolution.
B. Discussion on issues relating to the Sign Signage:
Use of temporary signs for business promotion (portable & banners)
• Office building identification/signage with multiple street frontages.
Attached for your reference is a copy of Section 34 -130, Prohibited Signs.
The discussion will focus on clarification on the intent of the sign ordinance as it relates to
Para 7. Banners , pennants, streamers, balloons, stringers or similar attention attracting devices,
unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 or
unless authorized by Section 34 -140, Subdivision 2m or 20 of the City Ordinances and
Para 9. Portable Signs, except as provided in Section 34 -140, Subdivision 2f unless approved in
conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances
The question will specifically request input on how the City would like to treat Grand Openings, j
Promotional events for businesses, and whether it is appropriate to consider standards for these
types activities.
Additionally, we will review the practice of allowing these types of signs for limited periods with
an Administrative Use Permit, Chapter 35 -800 Administrative Permits.
A second sign issue that has recently been raised relates to Office Building Identification, Para.
B- c. Multi story Office Buildings in Commercial (Cl and C1A) Districts, Multistory office
buildings may have a wall or projecting sign identifying the building on each wall provided the
area of such sign does not exceed 10% of the area of the wall supporting the sign.
The question pertains to the use of the high exposure of the Shingle Creek Towers Office
Building to identify a significant tenant, ITT Institute on the Highway 100 side of the building
and maintain the Shingle Creek Towers identification on the 694 exposure of the building.
C. May 10, 2010 City Council Update /Actions on Planning Commission Items
The City Council accepted the Planning Commission recommendations on the Vanguard
Construction,Inc. 2010 -007 PUD Amendment and Site & Building approval for construction
of a 6,757 sq. ft. multi -tenant office building at the 69` Avenue Brooklyn Market PUD.
. ........ .... - - ---------- - ----- -------------
PLANNING COMMISSION MINUTES
REGULAR SESSION
APRIL 29, 2010
DISCUSSION ITEMS
Review of Section 35-800 Administrative Use Permits — Outdoor Sales Markets for Minnesota
Grown Produce, Fruits, Plants Flowers, and Herbs
Mr. Eitel explained to the Commission that he has been approached about the possibility of
allowing a Farmer's Market to be operated in the city at the Sun Foods Location (63 and
Brooklyn Boulevard), as well as two other locations. This process would require an amendment
to Chapter 35 of the City Ordinances that would include a definition to allow the sale of garden
merchandise and produce under the Administrative Land Use permit process. This would be
similar to pen issued for seasonal garden centers.
There was discussion among the Commission regarding what types of products would be
allowed within the scope of a Farmer's Market and how to define proper language to specifically
describe those products without excluding such products as honey, dairy and meats.
Suggestions were made by the CortIrmission to incorporate language that would include produce,
fi plants, flowers, herbs and other farm products. The Commission also discussed
incorporating language in the ordinance to allow an outdoor Farmer's Market on vacant
commercial land, which is not currently allowed.
Mr. Eitel responded that he will consult with the City Attorney for proper language and report
back to the Commission.
MEMORANDUM
T0: Planning Commission Members
From: Gary Eitel, Director of Business and Development
DATE: April 22, 2010
SUBJECT: Review of Section 35 -800 Administrative Use Permits - outdoor sales
markets for Minnesota grown produce, fruits, plants, flowers, herbs.
Background Information:
Section 35 -800 of the zoning ordinance provides for the issuance of administrative permits
for temporary land uses that do not substantially impair the parking capacity of the
principal use and that do not impair safe and efficient pedestrian or vehicular traffic on or
off the premises.
f
The review of the permit application includes factors such as the.time of the year, parking
layout, nature of the use, and other pertinent factors relative to the request and area.
The code provides for two categories of applicants:
1. Church functions, civic functions, charities, carnivals and similar functions.
2. Permitted and Special Uses within non- residential zoning districts.
Within the non - residential districts a permit not exceeding 30 consecutive weeks in any
calendar year is allowed for outdoor retail sale, display, and storage of nursery and garden
merchandise, including lawn furniture and equipment.
A review of past administrative permits indicates that these permits were issued for
seasonal plant sales that were held in the parking lots at Malborg's Nursery- Greenhouse,
Cub Foods, and Brookdale Center.
In 2009, Ms. Paome Yang introduced the concept of a Farmer's Market to be held within the
parking lot of Brookdale Center. The Planning Commission discussed the concept at their
June 11, 2009 meeting. The attached minutes of this meeting reflect discussions on
defining what a farmers market entailed and what provisions should be considered in
amending the City's ordinances to allow such a use.
Ms. Yang was permitted to operate the 2009 Farmer's Market through the use of
administrative permits that were issued to businesses within the mall under the provisions