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5.2. SR 02-22-1993 ITEM 5.2. TO: MAYOR AND CITY COUNCIL FROM: JANELLE SCHMITZ, ZONING / ASSISTANT~ DATE: FEBRUARY 12, 1993 SUBJECT: ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELK RIVER, SECTION 900.12 "PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT"/ PUBLIC HEARING The City is initiating ordinance amendment proceedings to amend Section 900.12 (10)(c)(14) of the Elk River City Code. The proposed amendment would allow produce markets to locate in the C1 Central Commercial zoning district as a conditional use. . This item was brought before the City Council during an update of the proposed Farmers Market. Two sites have been chosen by the Farmers Market including a downtown site in the parking lot located behind Johnson's Department Store. Present zoning regulations do not allow produce markets in the C1 zoning district. However, it was the general consensus of the City Council this type of use would be appropriate in the downtown area. Further, it was noted that a conditional use permit should be required to address issues such as parking, traffic, and signage on a case by case basis. Staff research of area communities revealed a variety of ways to regulate farmers markets: 1. The cities of Anoka and Andover, require farmers markets to receive a transient merchant license. In both cases, the farmers markets were located on private property. 2. The City of Blaine does not regulate farmers markets through the zoning ordinance nor is a transient merchant license required. Blaine has indicated that they have not had any problems with farmers markets and, therefore, have no need to draft regulations regarding them. 3. The City of Brooklyn Park has a farmers market located on a City owned athletic complex which is regulated py the Parks Department. Permit guidelines are reviewed on a yearly basis with vendors. They have been pperating for approximately 10-15 years and have not incurred any serious problems. . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 . . . Ordinance Amendment (Section 900.12) February 12, 1993 Page 2 4. The City of Lakeville has a downtown farmers market similar to that proposed in Elk River. They are required to receive a permit from the Police Chief who deals with traffic issues. 5. St. Cloud treats farmers markets as temporary uses. Although permits are not required, vendors are asked to submit a site plan to staff so traffic concerns can be addressed. Although staff research indicated that neighboring communities do not regulate farmers markets through the conditional use permit process, staff feels this is the appropriate mechanism needed in this community to adequately address the parking, traffic, and signage issues in the downtown area. Attached is a draft of an ordinance amendment which would allow produce markets as a conditional use in the Cl zoning district. The Planning Commission recommended approval of the attached ordinance amendment at their January 26, 1993, meeting. The Sherburne County Grower's Association has applied for a conditional use permit to operate a farmers market from the downtown site. This request will be heard by the Planning Commission on February 23, 1993, and the City Council on March 15, 1993, if the attached amendment is approved by City Council. . . . ORDINANCE 93 - AN ORDINANCE AMENDING SECTION 900.12 (PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT) An Ordinance amending Section 900.12 "Permitted, Accessory and Conditional Uses by District," Subparagraph 10, "C-1 CENTRAL BUSINESS DISTRICT" The City Council of the City of Elk River does ordain as follows: Section 1. That Section 900.12(10)(c) of the Elk River Code of Ordinances titled "Conditional Uses" be amended to add: c. Conditional Uses - xiv. produce markets Section 2. That this Ordinance shall take effect and be in full force from the day and after the date of its publication. Passed and adopted by the Elk River City Council this 22nd day of February, 1993. Henry A. Duitsman, Mayor ATTEST: Sandra Thackeray, City Clerk re ie (e January 12, 1992 To: Elk River City Council From: Elk River Downtown Development Corporation Dear Council Members: As you are probably aware, we have been working with the group trying to locate a farmer's market in the downtown area. We feel that this activity would be a positive influence on the downtown retailers. We have discussed the possible location of the market in the parking lot behind Kemper Drug store and feel that the use of this parking lot will give the farmer's market the exposure it needs to have a reasonable chance of success. We have discussed the possible market days of Wednesday nights and/or Sundays as compatible days for both the downtown retailers and the farmers, although other times may also be appropriate. We feel strong enough about this market that our development corporation has decided to lend some financial help to this group. We are writing you this letter to encourage the city council to be as flexible as possible in helping this farmer's market get started. If you have any questions or comments, please feel free to give myself, Jim Mulroy, Dave Plude, Al Nadeau or Jeff Kleinbaum a call. RespectfullY,~ ;a uC)ad Rob VanValkenbu~ident Elk River Downtown Development Corporation