HomeMy WebLinkAbout10B - Sale of Temporary Agricultural Commodities
MEETING DATE:
AGENDA #:
PREPARED BY:
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4646 Dakota Street SE
Prior Lake. MN 55372
CITY COUNCIL AGENDA REPORT
AUGUST 2, 2010
10 B
JEFF MATZKE, PLANNER
DANETTE PARR, COMMUNITY DEVELOPMENT & NATURAL
RESOURCES DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION
1101.510 OF THE ZONING ORDINANCE REGARDING THE SALE OF
TEMPORARY AGRICULTURAL COMMODITIES
Introduction
The purpose of this agenda item is to consider amendments to the City
Zoning Ordinance with regards to the allowed length of time and location
for Agricultural Commodity Land Uses.
Historv
The Planning Commission held a public hearing regarding the proposed
amendment on July 12, 2010 (minutes attached). The proposed
amendment was recommended for approval.
The current ordinance section is as follows:
1101.510: TemDorarv Uses. The purpose of this Subsection is to provide
conditions under which temporary uses may be allowed in order
to insure a minimum negative impact to neighborhoods and
neighboring land uses. A structure or land in any Use District
may be used for one or more of the following temporary uses
subject to the conditions stated in this Ordinance. At a minimum,
a zoning permit must be issued for any temporary use or
structure. In certain instances, a building permit may also be
required.
(6) Agricultural Commodities:
a. Christmas Tree sales or the sale of other agricultural
commodities may be located within required yards; but
not within 15 feet of any public right-of-way or where
prohibited under Subsection 1101.506.
b. Shall be permitted on a parcel for not more than 45
days within any calendar year.
c. Shall not be permitted in any bufferyard.
Current Circumstances
Severs Farm Market has applied to amend the Code to extend the
permitted timeline for agricultural commodity sales from 45 days to allow 75
RICouncil12010 Agenda Reports\08 0210\Ordinance Amendment. Severs Market CC Report.doc
days (narrative attached). This request is proposed to accommodate the
entire length of the harvest season for fruits and vegetables. The Severs
state that this change will allow them the ability to better serve the Prior
Lake community with a full range of seasonal fruits and vegetables. In
addition, the increased timeline will allow them the ability to offer additional
working hours to their seasonal employees.
Section 1101.510(6) of the Zoning Ordinance states the following:
1101.510: Temporary Uses. The purpose of this Subsection is to provide
conditions under which temporary uses may be allowed in order to insure a
minimum negative impact to neighborhoods and neighboring land uses. A
structure or land in any Use District may be used for one or more of the
following temporary uses subject to the conditions stated in this Ordinance.
At a minimum, a zoning permit must be issued for any temporary use or
structure. In certain instances, a building permit may also be required.
The amendment request involves the following proposed changes:
(6) Agricultural Commodities:
a. Christmas Tree sales or the sale of other agricultural
commodities may be located within required yards; but
not within 15 feet of any public right-of-way or where
prohibited under Subsection 1101.506.
b. Shall be permitted on a parcel for not more than 4a 75
days within any calendar year.
c. Shall not be permitted in any bufferyard.
d. Shall onlv be Dermitted within an "A". "C". or "I"
Use District.
The applicant is only asking for the timeline to be amended (condition 6b).
However, with the extended timeline, staff believes it may be appropriate to
limit this use to agricultural, commercial, and industrial areas only
(condition 6d).
Conclusion
The proposed amendment is consistent with the goals and objectives of the 2030
Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in
Minnesota statutes. Based upon the findings set forth in this report and the
proposed ordinance, staff recommends approval of the amendment with the
additional condition limiting the Zoning Districts where the agricultural commodities
can be sold in the "A", "C" and "I" Use Districts.
ISSUES:
Section 1108.600 of the Zoning Ordinance states that recommendations of
the Planning Commission and final determinations of the City Council shall
be supported by findings addressing the relationship of the proposed
amendment to the following policies:
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FINANCIAL
IMPACT:
ALTERNATIVES:
1. There is a public need for the amendments.
A public need is identified to allow for agricultural commodities to sell
their products for the entire harvest season. The applicant is stating
that in the case of farm produce, it's approximately 75 days. On the
other hand it is unlikely that this extended timeline will prove
problematic for other agricultural products like pumpkins which are
offered at a different time of year.
2. The amendments will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan, or other adopted plans
or policies of the City.
Goals and objectives of the 2030 Comprehensive Plan include:
. Encourage a diversified economic base and a broad range of
employment opportunities; and
. Promote sound land use
Purposes of the Zoning Ordinance include:
. Protect the residential, business, industrial and public areas of the
community and maintain their stability.
. Provide for compatibility of different land uses by segregating,
controlling, and regulating unavoidable nuisance producing uses.
The proposed amendment strives to accomplish these goals, objectives
and policies by strengthening the effectiveness of the existing
ordinance.
3. The adoption of the amendment is consistent with State and/or
Federal requirements.
This amendment is consistent with federal and state laws. By
expanding the time period for such sales, there is some potential for
traffic impacts but we believe they will be minimal and primarily upon
private property.
While the ordinance does extend the time period during which we oversee
such installations, we do not believe there will be an appreciable financial
impact.
The Council has the following alternatives:
1. Adopt an Ordinance amending the text of the City Zoning Ordinance as
proposed or with changes specified by the City Council.
2. Deny the amendment to the Ordinance.
3. Defer consideration of the item and provide staff with specific direction.
RECOMMENDED Motion and second to adopt an ordinance amending Section 1101.506 of
MOTION: 7h Prior Lake City Zoning Ordinance.
Revi
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s, Ci y r ,'anager
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R:ICollncill2010 Agenda Reportsl08 02 1010rdinance Amendment- Severs Market CC Report.doc
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4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 110-XX
AN ORDINANCE AMENDING SECTION 1101.510 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. (6) Agricultural Commodities:
a. Christmas Tree sales or the sale of other agricultural commodities may be located within
required yards; but not within 15 feet of any public right-of-way or where prohibited under
Subsection 1101.506.
b. Shall be permitted on a parcel for not more than 75 days within any calendar year.
c. Shall not be permitted in any bufferyard.
d. Shall only be permitted within an "A", "C", or "I" Use District.
2. The "Findings" set out in the Staff Report dated August 2, 2010 that accompanied this Ordinance
and was presented to the CITY Council are adopted and incorporated herein as if fully set forth.
3. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 2nd day of August, 2010.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of August, 2010.
Drafted By:
Prior Lake Community Development & Natural Resources Department
4646 Dakota Street SE
Prior Lake, MN 55372
Phone 952.447.9800 / Fax 952.447.4245/ www.cityofpriorlake.com
Planning Commission Meeting Minutes
July 12, 2010
PLANNING COMMISSION MINUTES
MONDAY, JULY 12,2010
1. Call to Order:
Chairman Ringstad called the July 12, 2010, Planning Commission meeting
present were Commissioners Perez, Billington, Fleming and Ringstad, C
Natural Resources Director Danette Parr and Planner Jeff Matzke. Co
order at 6:00 p.m. Those
'ty Development and
sioner Howley was absent.
2. Approval of Minutes:
The Minutes from the April 12, 2010, Planning Commission
3. Public Hearing:
A. ZONING ORDINANCE AMENDMENT TO S
1101.510(6), a request to amend
for the temporary sale of
d amendment would limit the
dustrial zoning districts.
OPEN PUBLIC HEARING.
carried.
ED BY PEREZ TO CLOSE PUBLIC HEARING.
stad. The motion carried.
mmunity are hired to work at the Sever's Farm Market locations.
Nicola Peterson, of
Sever's Farm Market p
increases familiarity wit
arm Market, 15900 Flying Cloud Drive, Eden Prairie, answered that
to hire people from the community and the southwest metro area, which
heir customers.
Billington asked if there have been any public safety problems, such as pedestrian or traffic issues,
with the sale of agricultural commodities.
Peterson answered that they have not had any public safety issues, but they are insured for over
$1,000,000 in liability insurance.
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Planning Commission Meeting Minutes
April 12, 2010
DRAFT
Billington asked what measures Sever's Farm Market takes to promote a safe pedestrian and traffic
environment.
Peterson answered that Sever's Farm Market chooses locations with sufficient parking as well as
abundant driving space.
Fleming asked why 75 days was requested instead of 90 days.
Parr informed the
regarding amendme
ces typically only require
f August.
"?.."
Peterson answered that the farming season, demand and weather circums
Sever's Farm Market to operate from approximately the end of June to th
Perez stated he will approve the amendment.
Billington asked Planner Jeff Matzke if the City will be involved i
proposed markets.
Matzke said that the City will not be involved in receivi
locations being located on private property. If the m
liability insurance would be necessary.
Billington stated that he will support the amendment.
Fleming stated that he will support the ame
Ringstad stated that he will support the amen
A MOTION WAS MADE BY F
ZONING ORDINANCE A
VOTE: Ayes by Perez,
TON TO APPROVE THE
4.
None.
5.
Non
6.
C mission that the Planning Commission will be hosting a public hearing
sign ordinance on July 26th, 2010.
Parr stated that there be a public hearing to discuss the C-2 liquor ordinance in regards to
restaurants, clubs and lodges in August, 2010.
Parr stated that greening the ordinance will be discussed in August, 2010.
Perez asked if the City Attorney will be present for the July 26th, 2010 public hearing.
Parr answered that there will be a representative from the City Attorney's office at the public hearing.
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Planning Commission Meeting Minutes
April 12, 2010
DRAFT
7. Adjournment:
The meeting adjourned at 6: 17 p.m.
Joe Sortland, Development Services Assistant
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City of Prior lake
4646 Dakota Avenue SE
Prior lake, MN 55372
m ~ @ [f. 0 \fJ [E .--
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J' JUN 0 9 2010 I r
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IBy ~~_.__.__._______
Sever's Farm Market
Nicola Peterson
15900 Flying Cloud Drive
Eden Prairie, MN 55347
June 8, 2010
To the Prior lake Planning Commission, Mayor Myser, and City Council Members:
Since the turn of the 20th century, our family has grown fresh produce along the Minnesota River Valley
in Eden Prairie and Shakopee. Our business, Sever's Farm Markets, sells our farm fresh produce in
seventeen locations in the southwestern metropolitan area. The purpose of this letter is to provide
additional information for the application to amend the Prior lake zoning ordinance regarding
temporary use of agricultural commodities.
It seems that most Minnesota families have roots back to the farm and want to remain connected to
local agriculture. Their desire for fresh fruits and vegetables makes our operation a popular community
service. We are most well known for our sweet corn, but we also sell muskmelons, watermelons,
tomatoes, green beans, peppers, cucumbers, red potatoes, and onions. We sell our produce in family
oriented communities and Prior lake more than defines this. We have been selling at the Prior lake
Farmer's Market on Saturday mornings for five years now and have enjoyed being a part of the
community.
Our operation spans over four generations, with Sever Peterson I settling in 1890 where the farm and
homestead still sit. Today, Sever Peterson III, along with his wife and the next generation, are
continuing the family farm. Our employees mainly consist of extended family, college students, and
teachers. They attend training sessions not only before we open, but also throughout the season, to
ensure we deliver the best customer service to everyone. Our hours of operation are 10:00AM until
6PM daily. The area is kept very neat and clean at all times. The market structure itself is a six-sided
gazebo with each side being six feet in length. It takes up approximately one and a half parking spaces.
I am proposing to amend Section 1101.510 of the Prior lake Code to extend the temporary use permit
for agricultural use. Specifically, Section 1101.510, Subsection 6 pertaining to Agricultural Commodities,
currently states:
a. Christmas Tree sales or the sale of other agricultural commodities may be located within
required yards; but not within 15 feet of any public right-of-way or where prohibited under
Subsection 1101.506.
b. Shall be permitted on a parcel for not more than 45 days within any calendar year.
c. Shall not be permitted In any buffer yard.
I propose extending the allotted time frame from 45 days to 75 days within any calendar year for three
main reasons.
First, we harvest every day, and therefore, need to sell every day to make the most of Minnesota's short
growing season. Our typical season normally lasts approximately 75 days. Not being able to take
advantage of every possible day significantly decreases our ability to make a living. We believe that in
order for every family farm to survive, it's crucial to take advantage of every day.
Secondly, we feel it is important to be open daily throughout our entire season in order to provide the
kind of service a community like Prior lake expects and deserves. It is our priority to always deliver the
very best in customer service and work ethic. We believe we can do this best by providing a community
with freshly harvested fruits and vegetables.
Thirdly, we think it's imperative to focus on local business and the local economy. Our family has been
farming for well over a century in Eden Prairie and Shakopee and has enjoyed lasting relationships with
many southwestern metropolitan communities. In addition, we provide local students and teachers
with seasonal positions to which many times, they return summer after summer. That being said, we
hope to provide the most employment as possible during the short season.
We understand the current ordinance gives agricultural commodities a 45 day time period, and for a
specialty crop like Christmas trees, it is enough time. However, it is too short for the Minnesota
vegetable season, therefore, we would like to amend the ordinance to allow a 7S day period.
Thank you for your time and consideration in this matter. We have sincerely enjoyed being a part of the
Prior lake community and hope to continue that relationship well into the future.
Sincerely,
~
Nicola Peterson & the entire Peterson Family
Sever's Farm Markets