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Home My WebLink About9B - Outdoor Sales Downtown MEETING DATE: AGENDA #: PREPARED BY: MAY 1,2000 9B DONALD RYE, PLANNING DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF REPORT ON POTENTIAL REVISIONS TO OUTDOOR SALES ORDINANCE REGARDING DOWNTOWN AREA DISCUSSION: History In August of last year, the Council amended the zoning ordinance to allow outdoor sales in the C-3 District as an accessory use with conditions. Council members may recall the petition from Paul Viereck to allow outdoor sales and demonstration of products. Following adoption of the amendment, the Council asked that staff consider other conditions that might be applied to outdoor sales. Current Circumstances The ordinance currently imposes 5 conditions on outdoor sales in the Downtown district. These are: 1. The items displayed must be related to the principal use. 2. The area allowed for outdoor sales is limited to 30% of the gross floor area of the principal use. 3. The area must be landscaped and fenced or screened with a Bufferyard Type D from view of neighboring residential uses or abutting any "R" District. 4. All lighting must be hooded and so directed that the light source shall not be visible from the public right-ofway or from neighboring residential properties and compliant with Section 1107.1800. 5. Areas must be hardsurfaced with asphalt, concrete, decorative concrete interlocking pavers or other equivalent material approved by the City. As the ordinance is currently written, the review of each proposal is administrative and does not go to the Planning Commission or City Council. If the conditions outlined above are met, the use will be allowed. No additional conditions may be imposed. 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL:AL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Issues The Council directed staff to review this issue for possible additions to the conditions contained in the ordinance. In the staff report to the Council last August (copy attached), it was noted that a review of practices in other cities showed that these cities either did not allow outdoor sales at all or required a conditional use permit. In further reviewing this issue, the only other condition which staff feels should be added is one which prohibits outdoor sales or displays on sidewalks or right-of-way. If the Council feels that additional control over this activity is desirable, outdoor sales could be made conditional uses instead of accessory uses and would then be subject to Planning Commission and City Council review. The Council and Planning Commission would then have the ability to attach additional conditions as circumstances warrant. Conclusion The level of control the Council wishes to exercise over outdoor sales in the Downtown area is a matter of policy. If the Council feels more control is needed, the matter should be referred to the Planning Commission for further study and recommendation. 1. Leave the current ordinance as is. 2. Refer the matter to the Planning Commission with direction as to the Council's wishes. As the Council determines MEETING DATE: AGENDA #: PREP ARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 2, 1999 9C JENNI TOVAR, PLANNER JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO OUTDOOR SALES AS A PERMITTED ACCESSORY USE IN THE C-3 ZONING DISTRICT (DOWNTOWN AREA) History: On May 18, 1999 the Planning Department received an application from Paul and Mary Viereck requesting an ordinance amendment to allow outdoor sales on a permanent basis. The Planning Commission considered the request on June 14, 1999 and directed staff to research other communities relating to outdoor sales and to prepare an ordinance allowing outdoor sales as a permitted accessory use with conditions in the C-3 zoning district. Current Circumstances: Section 1102.1104 allows for specific accessory uses within the C-3 Zoning District. Such accessory uses included parking lots, outdoor seating by a restaurant, and motor vehicle repair. Section 1101.510 Temporary Uses (attached) allows for Temporary Outdoor Sales within any "C" or "I" district. The area cannot exceed 1 00 square feet and no merchandise can be displayed overnight. If the area exceeds 1 00 square feet, then the temporary use is limited to no more than 4 consecutive days and 12 calendar days per year. The applicant is requesting this amendment in order to allow year- round outdoor storage and display area at his business. The attached site plan, submitted by Paul Viereck, shows this area located between the existing fireplace showroom and the adjacent structure (previously JB Furniture and Remax office). The area exceeds 100 square feet, and would be permanent, thus the need for the amendment. It is important to note that the proposed amendment would not only apply to the applicant's property, but to all properties located within the C-3 district. 1:199files\92.orda.md\zoning'l99-Q29\99029cc.do~ Pa.,g,e 1 16200 Eagle Creek Ave. ::'-:E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (b12) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER For information purposes the staff researched how other communities deal with outdoor sales in the downtown area. The communities surveyed either do not allow outdoor sales or require a conditional use permit. The following are downtown ordinances reviewed in preparing the recommendation. Farmington Outdoor Sales as principal or accessory use re uires CUP Outdoor Sales as accesso use re uires CUP Outdoor Sales not allowed, temporary use of public sidewalks for display is permitted with conditions No outdoor sales/dis la is ermitted. No outdoor sales/display is permitted. Zoning Administrator has authority to approve related accesso uses Outdoor Sales as accesso use re uires CUP Wa zata Hopkins Rochester Shakopee Lakeville On July 12, 1999, the Planning Commission recommended the City Council approve the ordinance amendment which would allow outdoor storage as an accessory use in the C-3 district with the following conditions: 1. The items displayed must be related to the principal use. 2. The area allowed for outdoor sales is limited to 30% of the gross floor area ofthe principal use. 3. The area must be landscaped and fenced or screened with a Bufferyard Type D from view of neighboring residential uses or abutting any "R" district. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential properties and compliant with Section 1107.1800. 5. Areas shall be hardsurfaced with asphalt, concrete, decorative concrete interlocking pavers, or other equivalent material approved by the City. These conditions, similar to those found in the Lakeville and Wayzata ordinances, are intended to assure that the outdoor storage does not become the principal use ofthe property, and that the use be screened from adjacent residential properties. The Issues: Section 1108.600 of the Zoning Ordinance states specific findings which, must be met to change the ordinance: 1. There is a public need for the amendment. 1:\99files\99ordamd\zoning\99-029\99029cc.doc Page 2 The C-3 district permits limited outdoor storage as an accessory use to other permitted Uses in the district. The Planning Commission has determined there is a public need for permanent outdoor display within the district. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. The proposed amendment will accomplish one or more of the purposes ofthe Ordinance, Comprehensive Plan or other plans such as the Downtown Redevelopment Plan. The proposed Ordinance will allow outdoor display on a permanent basis with conditions rather than on a limited temporary basis. This may have been a use which was overlooked during the preliminary stages of the Downtown Redevelopment Plan review of allowable uses. In addition, the Comprehensive Plan identifies economic vitality as one ofthe City's goals. Specifically, this amendment will help to achieve that goal by encouraging a diversified economic base, promoting sound land use by requiring that such development contribute to the function and success of adjacent neighborhoods, and by maintaining proper screening and landscaping standards. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This provision is non-applicable in this case. Upon review by the City Attorney, an issue regarding proposed Condition #1 should be addressed. Condition #1 states the items displayed must be related to the principal use. The concern is regarding Mr. Viereck's request to allow the display of hammocks outdoors. The principal use of the property is retail sales (gas fireplaces). It is the opinion of the City Attorney and staff that hammocks are not related to gas fireplaces. There is case law regarding "related uses" permitted on properties and what is related and permissible. However, considering retail is permitted within the district, Mr. Viereck could sell hammocks and patio furniture as a principal use within the structure, and then the outdoor display could be permitted within the confines of the proposed ordinance amendment. This interpretation would therefore apply to all uses within the C-3 Zoning District. The City Council may choose to modify Condition #1 to be more specific or leave the proposed ordinance amendment as written to be interpreted on a case by case basis by the Zoning Administrator. I: \99files\99ordamd\zoning\99-029\99029cc.doc Page 3 . ~..~...._.... ......_. .......T..... ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: 1. Adopt Ordinance 99-XX approving the proposed amendment as requested. 2. Deny Ordinance 99-XX. 3. Defer this item and provide staff with specific direction. If the City Council concurs with the Planning Commission and staff recommendation, Alternative #1 is appropriate. This requires a motion and second to adopt Ordinance 99- XX approving the proposed amendment to the Zoning Ordinance. Approval of this ordinance requires a 4/5 vote of the Council. 1:\99fi1es\99ordamd\zoning\99-029\99029cc.doc Page 4