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.
•
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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 \..
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Burlington Northern Railroad
Property Tax Dept .
3200 Continental Plaza ?6
777 Main ����� �}'_
Fort Worth TX 76102
•