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5 PCSR 02-23-1993 ITEM 5 'cy�f TO: PLANNING COMMISSION k • River FROM: JANELLE SCHMITZ, ZONING ASSISTANT-- DATE : FEBRUARY 11, 1993. SUBJECT: CONDITIONAL USE PERMIT REQUEST BY SHERBURNE COUNTY GROWER' S ASSOC. (FARMERS MARKET) /PUBLIC HEARING, CASE NO. 93-004 APPLICANT Sherburne County Grower' s Association (Bill. Kennedy, President) . REQUEST The applicant is requesting a conditional use permit to operate a Farmers Market in the Cl Central Commercial zoning district. The site selected is the City parking lot located between King and Jackson Avenues, lying south of Highway 10 . SITE ZONING/LAND USE Cl Central Commercial/ CB Central Business . • SURROUNDING ZONING/LAND USE North - C3 Highway Commercial/ CB Central Business East, South, and West-C1 Central Commercial/ CB Central Business UTILITIES This site is in the City sewer and water district. Due to the temporary nature of the proposed use, City sewer and water may not be necessary. LEGAL DESCRIPTION Part of Lots 1, 2 , 3, 4 , 6, 7, 8, and 9 , Block 2 , Village of Elk River. A complete legal is available upon request . A map showing the general location of the affected area is attached. BACKGROUND Sherburne County Grower' s Association (Farmers Market) is requesting a conditional use permit to locate a Farmers Market in a City owned parking lot located between King and Jackson Avenues . The Planning Commission recently recommended approval of an ordinance amendment which would allow Farmers Markets to . locate in the Cl zoning district as a conditional use. The City Council will be hearing this item at their February 22 meeting, however, it is anticipated that they will approve this amendment. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 CUP, Sherburne County Grower' s Assoc. Page 2 February 11, 1993 111 The Farmers Market plans to locate in the downtown site 1 day per week and at the Cenex site (on west Highway 10) one day per week. Mr. Kennedy indicated the Farmers Market wishes to retain some flexibility regarding the number of days they can operate. Mr. Kennedy also stated they did not want to be locked into a specific day of the week at a particular location. They are also considering locating the Farmers Market in the Jackson Square City parking lot as well as the City parking lot adjacent to the railroad immediately north of the current site. Although staff understands their desire for flexibility, we do feel there should be regulations regarding the day of the week and the location. Staff reminds the Planning Commission that conditional use permit requests are site specific. If they choose to locate in a different downtown parking lot, the same issues may not apply and others may take their place. It is important that a general site plan is submitted for each site on which they wish to locate. I will also make note that the City parking lot adjacent to the railroad is zoned C3, Highway Commercial . Farmers Markets are a permitted use in that zoning district, however, City approval is needed because the lot is City owned. The Jackson Square site is zoned Cl and a conditional use permit would be required. The Farmers Market is anticipating approximately 15-20 vendors . The number of vendors will fluctuate throughout the 411 season. Most will choose to sell from the back of their trucks with some setting up tables in the parking lot area. Currently, the Farmers Market plans to open May 1, 1993, and operate through the end of October. Items for sale would include plants, flowers, vegetables and fruits, honey, and homemade crafts . PARKING The Farmers Market would use approximately 32 parking stalls . The site they have chosen contains 74 stalls . I have attached a site plan which shows the location where the Farmers Market would set up. They have chosen to utilize the stalls immediately behind the Elk River Municipal Utilities building. This would allow traffic to flow around 3 sides of the area, however, only pedestrian traffic would be allowed between the isles of the vendors . Mr. Kennedy indicated that blockades of some sort would be set up to prohibit vehicular traffic between these isles . Mr. Kennedy also indicated they would like to block off the area involved with the Farmers Market early on the morning of the event in order to set up. Staff ' s main concern with the location of a Farmers Market in this parking lot is the possible interference with the parking needs of adjoining businesses . In 1991, staff conducted a parking study in the downtown area. The study involved counting the vacant stalls at various times throughout the day and on varying days throughout the week. For this particular lot, Friday afternoons appeared to be the most active. Staff CUP, Sherburne County Grower' s Assoc. Page 3 February 11, 1993 • feels the temporary use of 32 parking stalls by the Farmers Market group would not have an adverse impact on the parking needs of adjoining businesses. Staff reminds the Planning Commission there are other public lots in the area which could handle some of the parking demand from this lot. Businesses which abut Jackson Avenue may have trucks loading and unloading in this back alley. Mr. Kennedy has been working closely with the Downtown Association in selecting a location and has indicated these businesses are willing to coordinate their loading times with the times when the Farmers Market would be operating. Elk River Meats has a slaughter day every other Monday, therefore, it would be appropriate to coordinate with the Farmers Market regarding this day. Staff feels the Planning Commission should consider whether Mondays and Fridays be allowed for this use due to possible conflicts previously mentioned. TRAFFIC Staff feels the layout proposed by the Farmers Market will provide good vehicular traffic movement. Police Chief, Tom Zerwas, and Fire Chief, Russ Anderson, reviewed the proposed layout and had no concerns regarding emergency access . • SIGNAGE The Farmers Market is requesting on-site seasonal signs which would be erected in May and removed in October. These signs should conform to the Cl standards (64 sq ft maximum size, 20 ft maximum height) . In addition, they are requesting temporary off-premise directional signs which would be set up and removed on the day of the market. Staff has interpreted these would be allowed as the market is a non-profit organization, however, they must obtain permission from the property owner before putting the signs up and they must be placed in a safe manner. The Farmers Market may be requesting permission from the City to place signs on City property i .e. , the old City Hall site. Mr. Kennedy indicated the City parking lot adjacent to the railroad could be used for Farmers Market customer parking, and they may request a temporary off-premise sign on that location as well . In summary, staff feels the signage needs for Farmers Market can be met with the existing sign ordinance, however, City Council approval will be required to locate individual signs on City property. REFUSE The conditional use permit should contain the necessary • language to ensure the site is cleaned after each day of use. The City should actively enforce this requirement. CUP, Sherburne County Grower's Assoc. Page 4 February 11, 1993 • CUP STANDARDS Section 900 .42 of the Elk River City Code of Ordinances states that a conditional use permit must meet the seven standards found on page 9 . 119 . Staff feels these standards can be met by the proposed use. RECOMMENDATION Staff is recommending approval of the conditional use permit request by the Sherburne County Grower' s Association to locate a Farmers Market on the City parking lot between Jackson and King Avenues . This conditional use permit should be site specific and should not apply to the Jackson Square parking lot. Staff is recommending the following stipulations be added: 1 . Refuse disposal should be the responsibility of the Farmers Market and the lot be cleaned after each event. 2 . On-premise signs shall comply with the Cl zoning district standards and shall only remain on-premise during the Farmers Market season. Off-premise temporary directional signs shall be allowed • according to the non-profit organization clause in the sign ordinance. The Farmers Market must obtain City approval to locate signs on City owned property. 3 . The Farmers Market lot not be limited to a specific day of the week, however, they shall cooperate with the adjacent business owners regarding the selected day(s) . 4 . The Farmers Market be set up per the site plan using approximately 32 parking stalls. Minor changes in the layout shall be approved by Staff. 5 . The Farmers Market be allowed to block off the site area to set up, additionally that blockades be used to prevent vehicles from entering the pedestrian areas . 6 . A yearly review by staff be conducted to address any concerns that may arise throughout the season. • EI JLVVJ ` 1 1` / GAR VI ST A\\ j FRESNO ,M �• I 1r Iliw ELGIN s •P, ' 1`i 4111 (13100) �� ,G `.. - „\ y DENVER `s _�' \ r I1 1 , i (13000) ,, DpiVE ST S h CONCORD s » 10,12 4,., 11§ JO BOSTON t n Q3 . il IS o e. i �I `e_-it ALBANY , ^los.64pr ro,.PI .T,N T Aat• �.sT • o n i (12800) ZUMBRO o• \ �i!fi -•*_. YORK i 6 - _. - `-+'. A ^ n ,. � Aail 7,N! (12700) XENIA -'� / nvE o '�aO f -- 11! a WATSON / 1,. N xis ( 6 -stE • ,���r (12600) Q I I - Y,to.'‘t• - Qrd Www �• icgrAr -.VERNON7 (12500) UPLAND D r 4' Ci�n�e � TIPTON �` if: r , e. i ` err (12400) SEYMOUR 1 ---� ' -**- AVE. --_ -__ + _. E, RUSH 1"vE o=� _ �d>�+ :F north (143oo) ++ QUINN ` bW4 ��w( . (12200) PROCTOR \ a o'�I II 1 1**1r 11441 .�.i OXFORD ,L% a ,/ I( j r (12100) s. N�\. , l I d= ( NORFOLK 1 �' NDgr, g O n f iiii22,n "i // LLEIl' o MORTON � -ip 1lz000) � ., � }m kerrLOWELL ! V , �oL___Jf :Em (11900) I �rr,�,� 1D •��oR vy ��s E KING i - " -� � ` 1 ` kl ® 1- } {11', DI (11800) JACKSON / f p a3H ® _,if I JACKSSIN AVE nI IRVING v , E311Cv }; (11700) ---i Pp / i ! 1[a fl..: !+i f�:11=11 IF HOLT IcZ n If I-I i = / f,i' % 4 .4 in IN•!112!,7-4 i i IPA. ��9�pGATES --e I? i iN 1 (116 00) Ui �//' / �• E..� 1 'f 1 FREEPORT v � /' ® -r--'III® -;{ :1:5 ? 47i — (11500) EVANS a t _�' ei R �°y��Eln� ,„, ... € V = II: j ss o a sr ,ridi :� '- a a ' . •. O p ~ E K I. -7...i4lik MI mt 1pE ll I: --I ilki = m m Of x ' ,a+ �1 x. IP 1111."P ,/ ' �. � 046. —________e u3Ala IdOSS/f6/N •......--.-•' X • Sli / / // i pc_ (....,.„ L I, ! ,, /7 i / 1 i ; s_ onl�i ) A�Tbn� PFR N FL. Ui El.K RIVER ' _ KEMpER till /10.1FAL I"Ro ED - I DRUG ZUTIUT,ES FARMERS EZ__� } MARKET _ - - - - - - - - u� ELK RIvER TR/WEL Z r ►� CHAMPIoN Z _ _ — - AL o Y J CR I HouR FHcTc 1 I I Z I I JONN5G>`15 Q • 1 pc PARrw4NT 1n 1 ��� I JEANS PNOiCC+�RPNy v I I \ - - - - - THE 1_ I \ 1.-tNATioN Al_ FLK Now' 1 Te a -BANK ARKING MEAS 1 SCORE II I \ NVDEi2 AUC 1 I M A I N ST-RT • ( 0 b c(cQ.t✓1 Fc �� envie Veme 6.012.A04• ELK RIVER FARMERS MARKET ASSOCIATION RULES 1 . Locally grown produce only. No dealers. 2. Bedding plant sellers must have a Minnesota State Sales tax number. 3. lib prepared food items - ex: canned or baked goods License needed for sorgum & maple syrup - state license for honey. 4 . Crafts - hand made items of seller only. No flee market items - ex: garage sales items 5. No live animals for sale. 6. Market runs only from 1st ___ in May thru last ____ in Oct. from ____ to ____ p. m. No selling allowed before starting time but setting up is allowed. Bell will be rung by Market Master. • 7. Each seller is responsible for cleaning up own stalls & taking home any and all garbage. Violation will result in $5. 00 fine by Market Master to be paid before next selling. The occurrence of 3 such violations will result in loss of market privileges; ie - selling. 8. Each seller must have sign with name & address displayed in stall. MARKET ASSOCIATION 1 . The Board of Directors will be elected annually by the Direct Members. The Board will then select their officers that consist of a President , Vice-President, Secretary & Treasurer. The Board is to designate a Market Master. 2. The Board of Directors has the right to check if sale items are home produced by grower. MEMBERSHIP 1 . Membership in this association shall be available to all • persons who grow or make their own produce. These members will be referred to as Direct Members. Only direct members have a vote and can be elected to the Board. Pag - 1 M 7 2. Persons or organizations who are actively engaged in rendering educational research, promotional or other services in connection with the production of agricultural products may become Associate Members of this Association. 3. Membership should be applied for & fees paid annually. 4. Each member must fill out application annually. • FEES 1 . Yearly membership fee is $15. 00. ;71Gt:i'Me hip fee is Memberhip due to the treasurer by March. 1st of each year. If it is not received by April 1st, the member will be dropped from the association and will need to rejoin. 2. Stall fee is $3/$5 per market per stall . Each seller is limited to a maximum of 3 stalls per market. 3. Stall size is • ABUSE OF RULES OR REGULATIONS Failure to abide by the above rules and regulations established by the Elk River Farmers Market Association will result in removal from this association. 111 Pag - 2 1 *The following is a list of property owners with property within 350 feet of the proposed Farmers Market to be located in the parking lot between King and Jackson Ave . • Sherburne County Grower ' s Bank of Elk River Association 630 Main Street c/o Bill Kennedy Elk River MN 55330 10205 201st Ave NW Elk River MN 55220 ECM Publishers INC City of Elk River 1201 15th Ave South 720 Dodge Ave PO Box 306 Elk River MN 55330 Princeton MN 55371 Elk River Municipal Utilities Sherburne County Publishing Inc 322 King Ave 647 Main Street Elk River MN 55330 Elk River MN 55330 First National Bank Robert and Julie Peterson 729 Main Street Rt . 2 Box 132 Elk River MN 55330 Cokato MN 55321 Elk River Hardware Co . Michael Rafferty 720 Main Street 653 Main Street Elk River MN 55330 Elk River MN 55330 Ethel Bishop Robin VanValkenburg 1221 4th Street 657 Main Street Elk River MN 55330 Elk River MN 55330 • Houlton Investment Co . Economic Development Authority 729 Main Street City of Elk River Elk River MN 55330 720 Dodge Ave Elk River MN 55330 Cyril Lenzmeier 906 88th Ave NW Security Federal Savings & Loan Coon Rapids MN 55433 PO Box 10 St. Cloud MN 56301 Stephen Johnson PO Box 598 Allan & Margaret Nadeau Monticello MN 55362 621 Main Street Elk River MN 55330 Virginia Barnier 19430 Meadowvale Rd. VanValkenburg Services Elk River MN 55330 17323 Hwy 10 Elk River MN 55330 Douglas Chapel Affiliation 1118 6th Street North Dare ' s Funeral Service Inc Minneapolis MN 55411 805 Main Street Elk River MN 55330 Keith and Joanne Holme 323 Jackson Ave Jarmoluk & Nyberg Partnership Elk River MN 55330 817 Main Street Elk River MN 55330 Charles Christian • 12924 Main Street Harvey Wohlers Rogers MN 55374 831 Main Street Elk River MN 55330 page 2 Jarmoluk Family Trust c/o Allen Anderson 822 Main Street Elk River MN 55330 Sherburne County Administration 327 King Ave Elk River MN 55330 Robert Sommer 931 Main Street Elk River MN 55330 Sherburne County Abstract 317 King Street Elk River MN 55330 Robert Sommer 307 King Ave Elk River MN 55330 Horton & Weiss PO Box 334 Elk River MN 55330 Elk River Bread of Life • 369 Jackson Ave Elk River MN 55330 Bowen Oil Company c/o Circle C Foods 7480 West 78th Street Minneapolis MN 55439-2513 Harold & Mary Sunderman 12974 Orono Rd. Elk River MN 55330 Lloyd & Burleigh Anderson 708 Main Street Elk River MN 55330 \.. \A Burlington Northern Railroad Property Tax Dept . 3200 Continental Plaza ?6 777 Main ����� �}'_ Fort Worth TX 76102 •