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6.5. SR 03-15-1993 ITEM 6.5. FROM: JANELLE SCHMITZ, ZONING ) ASSISTANT.. .' jJ~' ~v ( /:.\ \./ I.J TO: MAYOR AND CITY COUNCIL DATE: FEBRUARY 24, 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-Cl Central Commercial/ CB Central Business UTILITIES This site is in the City sewer and water district. temporary nature of the proposed use, City sewer and not be necessary. Due to the water may 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 City Council recently approved an ordinance amendment which would allow Farmers Markets to locate in the Cl zoning district as a conditional use. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 . . . CUP, Sherburne County Grower's Assoc. February 24, 1993 Page 2 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 City Council 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 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 an informal 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 CUP, Sherburne County Grower's Assoc. February 24, 1993 Page 3 . lot, Friday afternoons appeared to be the most active. Staff 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 if coordinated with these busy times. Staff reminds the City Council 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 City Council 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 C1 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 may be used for some 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. February 24, 1993 Page 4 CUP STANDARDS Section 900.42 of the that a conditional found on page 9.119. the proposed use. Elk River City Code of Ordinances states use permit must meet the seven standards Staff feels these standards can be met by RECOMMENDATION At their February 23, 1993, meeting the Planning Commission recommended 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. The Planning Commission 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 C1 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) and shall not operate downtown on Mondays or Fridays. 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. ,"' j ~ I 4?- \ \ , ~.~ ~ ~~ ~D' _. _ _. ," ~ ~ ~ S..t.R'!Ua_f. -~:.:.......--- ---- ",.tGlol' :0\,1"'.' II z z 0 ~I a: 0 >- 0 ~ 0 0 Z ;:) a: z a: '" z c 0 0 0 "" Z I- a: -' c CZI a:: c 2 z Z <.l :IE ... ... ... CZI 0 x it > >- '" Z -' ;:) ::l tal <:t 0 >- III C N '" ~ -' <.l ... ... 0 0 0 0 0 0 '=' 0 <0 ., 0 0 0 0 po. e:! !:! 0 0 0 II) !:! .. 0 0 a> N !:! N .:: ... ., .:: . 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" *The following is a list of property feet of the proposed Farmers Market between King and Jackson Ave. Sherburne County Grower's Association c/o Bill Kennedy 10205 201st Ave NW Elk River MN 55220 owners with property within 350 to be located in the parking lot Bank of Elk River 630 Main Street Elk River MN 55330 City of Elk River 720 Dodge Ave Elk River MN 55330 ECM Publishers INC 1201 15th Ave South PO Box 306 Princeton MN 55371 Elk River Municipal Utilities 322 King Ave Elk River MN 55330 Sherburne County Publishing Inc 647 Main Street Elk River MN 55330 First National Bank 729 Main Street Elk River MN 55330 Robert and Julie Peterson Rt. 2 Box 132 Cokato MN 55321 Elk River Hardware Co. 720 Main Street Elk River MN 55330 Michael Rafferty 653 Main Street Elk River MN 55330 Ethel Bishop 1221 4th Street Elk River MN 55330 Robin VanValkenburg 657 Main Street Elk River MN 55330 . Houlton Investment Co. 729 Main Street Elk River MN 55330 Economic Development Authority City of Elk River 720 Dodge Ave Elk River MN 55330 Cyril Lenzmeier 906 88th Ave NW Coon Rapids MN 55433 Security Federal Savings & Loan PO Box 10 St. Cloud MN 56301 Stephen Johnson PO Box 598 Monticello MN 55362 Allan & Margaret Nadeau 621 Main Street Elk River MN 55330 Virginia Barnier 19430 Meadowvale Rd. Elk River MN 55330 VanValkenburg Services 17323 Hwy 10 Elk River MN 55330 Douglas Chapel Affiliation 1118 6th Street North Minneapolis MN 55411 Dare's Funeral Service Inc 805 Main Street Elk River MN 55330 Keith and Joanne Holme 323 Jackson Ave Elk River MN 55330 Jarmoluk & Nyberg Partnership 817 Main Street Elk River MN 55330 Charles Christian 12924 Main Street . Rogers MN 55374 Harvey Wohlers 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 'o'~~ ~ " ry"" A./~ . ~-v ~J . 'X)^l / '\\ \j~ 'v \"""V 0 !"\~Y:})" LA Burlington Northern Railroad Property Tax Dept. 3200 Continental Plaza 777 Main Fort Worth TX 76102