Loading...
PL 04/18/2012 - 31327PLANNING COMMISSION MEETING April 18, 2012 Vice-Chairperson Oquist called the Planning Commission Meeting to order at 7:01 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Approval of Minutes: Jack Velin, Brad Sielaff, Leroy Oquist, and Tim Solberg David Kondrick, Dean Saba, and Brad Dunham Stacy Stromberg, Planner March 21, 2012 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Text Amendment TA #12-01, by the City of Fridley, to amend the Fridley Zoning Code Chapter 205, to allow a"farmers market" as an accessory use in residentially zoned property, including R-1, Single Family, R-2, Two Family Units, and R-3, Multi-Family districts provided it's located on land with an institution on it and also allowing "farmers markets" as an accessory use in the P, Public, Gl, Local Business, C-2, General Business, C-3, General Shopping, CR-1, General Of�ce, M-1, Light Industrial, M- 2, Heavy Industrial, M-3, Heavy Industrial Outdoor Intensive, M-4, Manufacturing Only, PUD, Planned Unit Development, S-1, Hyde Park Neighborhoods, S-2, Redevelopment, S-3, Heavy Industrial Onaway Addition, and TOD, Transit Oriented Development zoning district provided certain conditions can be met. MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated it is no secret that over the course of the last several years, we are hearing more and more about creating healthy lifestyles, which includes the opportunity to purchase and consume fresh, locally grown fruit and vegetables. One way City staff has been able to help with these efforts has been through helping administer the Statewide Health Improvement Program (SHIP), with assistance from the school districts and Unity Hospital. The SHIP program helped fund the East River Road Corridor Project study, which had an emphasis on creating multi-modal transportation along this corridor within the City. It also helped the City complete a Bikeway/Walkway Study to help identify where our current walking and biking systems have missing links. It is our hope to eventually receive grants to help fill in those gaps. Ms. Stromberg stated City staff has also spent some time brainstorming on other ways to help bring healthier lifestyle options to our residents. Two options that keep coming up are providing opportunities Planning Commission Meeting April 18, 2012 Page 2 for community gardens and local farmers markets. The City already has two community gardens for residents, one at the City's Public Works Garage and the other is administered through Unity HospitaL If there is further interest from residents for other Community Garden opportunities, the City may want to fully research what other options it might have to fulfill that need. Unity Hospital conducted a Farmers Market on their site last summer, which was mainly geared towards employees and was held once a week. The City has also received inquires from St. Philip's Lutheran Church and Medtronic to have a farmers market. The City currently does not have any specific regulations allowing Farmers Markets and, as a result, Fridley's Zoning Code does not permit them. Ms. Stromberg stated when staff originally started their research, they surveyed some of the surrounding communities to see what their requirements are. In doing that research they discovered a lot of cities do not have any specific regulations for Farmers Markets. Some allow them as a transient merchant, others allow them through City or Community sponsored events and others allow them without any specific regulations and yet, others require a special use permit be granted. Ms. Stromberg stated they also contacted the Minnesota Farmers Market Association (MFMA) to see what kind of regulations they typically see when Farmers Markets operate within a particular community and received positive feedback from them on our proposed regulations. MFMA is a non-profit, membership-based organization dedicated to supporting the growth and development of farmers' markets across the state ofMinnesota. Ms. Stromberg stated as a result of their research, City staff has been working on the proposed language with the City Attorney. We decided that in order to allow farmers markets to exist in our community without making it too complicated, yet still be controlled, they would suggest allowing a farmers market as an accessory use in all zoning districts provided certain regulations can be met. They can only be located on a residentially zoned property, provided it has an institution on it. An institution is defined as, a public or private institution includes churches, schools, hospitals and medical clinics. Ms. Stromberg stated the next thing staff did was develop a Farmers Market definition. That definition is: A temporarY, seasonal, outdoor event that provides an o�portunity for the public to buy Minnesota �rown fresh fruits, ve�etables, flowers and food products directly from farmers, �rowers, or producers. Locall��rown products are picked fresh and brou�ht strai�ht to the market and sold by the �rowers themselves or locall��rown products that are prepared or processed accordin_� to �uidelines set forth bX Minnesota Department of A�riculture's Food & Dairy Inspection Division in accordance with the Minnesota Department of Health. Locally crafted specialty items are allowable provided they are not mass-produced. This definition will be added to the definition section of the zoning code. Ms. Stromberg stated staff has drafted an ordinance that would allow Farmers Market as an accessory use in all zoning districts, provided certain regulations can be met. The regulations are listed below, with the reasons why staff and the City Attorney determined the regulations were necessary in bold. B. Accessory Uses Farmers Market,�rovided it meets the followin� requirements: (a) Shall be a member of the Minnesota Farmers Market Association or other similar association of farmers markets and meet all of their respective requirements; Planning Commission Meeting April 18, 2012 Page 3 In order for a Farmers Market to be a member of the MFMA, they must meet three criteria. 1. They need to be a community farmers market that represents three or more growers. 2. They need to be an established market with by-laws, and a membership dues structure. 3. They need to sell a majority of Minnesota Grown agricultural products. By requiring that the Farmers Market is a member of the MFMA or another similar organized association ensures that the market members are properly licensed, insured, and inspected. Requiring this protects the City by knowing that the Association is guaranteeing that its members are properly managed. (b) Shall identify a market mana�er that facilitates the requirements of the Cit� According to the MFMA, most established farmers markets will have a designated market manager that is in control of making sure the vendors follow the guidelines or bylaws and have the necessary permits. Requiring this as a condition will give the City one point person to communicate with to ensure the market has everything required. Vice-Chairperson Oquist asked would this person be controlled by the institution, such as Medtronic, or would it be someone running the market? Ms. Stromberg replied, most likely it would be the person running the market and in charge of the growers. (c) Shall have General Liability insurance includin� Products and Completed Operations covera�e with a minimum Limit of Liability of $1,500,000 per occurrence; Requiring this provides protection for the City and the market. (d) Shall have a�plied for and received all required county and state licenses and have complied with all a�plicable City of Fridley re�ulations and city codes; Requiring this provides protection for the City and the market. (e) A majority of the products sold shall be �rown or produced in Minnesota; This is a requirement of the MFMA and will be submitted to the City with the permit form. Providing MN grown products is what the City hopes to achieve by allowing Farmers Markets within the City, thereby providing fresh, locally grown produce to Fridley residents. ( fl The sale of live animals and alcoholic bevera_ e� s is prohibited; The Farmers Market is limited to the sale of the items listed within the de�nition of Farmers Market. That de�nition again is: A temporary, seasonal, outdoor event that provides an opportunity for the public to buy Minnesota grown fresh fruits, vegetables, flowers and food products directly from farmers, growers, or producers. Locally grown products are picked fresh and brought straight to the market and sold by the growers themselves or locally grown products that are prepared or processed according to guidelines set forth by Minnesota Department of Agriculture's Food & Dairy Inspection Division in accordance with the Minnesota Department of Health. Locally crafted specialty items are allowable provided they are not mass-produced. (g) Any advertisin� or directional si_n� s displayed either off premise or on premises shall only be displayed on the day of the event, with the exception of one 4-foot by 8-foot si�n that can be displayed on the premises for the duration of the farmers market season; Being speci�c about what is required for signage for the event will help ensure that the market is aware of the regulation, therefore providing for less potential violations. (h) The location of the event shall have written authorization from the property owner; Planning Commission Meeting April 18, 2012 Page 4 Property owner consent is something the City requires on permit applications to ensure that the property owner knows what's happening on their property. (i) An established schedule shall be submitted as to the dates and times of the market; Requiring this provides the City with the schedule of the event, so we know what is happening on the property. (j) An.�porary structure used for the farmers market shall be erected and removed on the day of the event; Requiring this will prevent temporary tents from sitting on site when the market is not rumm�g (k) A site plan shall be submitted showin� tent and vendor locations, vehicle circulation and parkin� prior to commencement of event. Site plan to be a�proved by the Community Development Director; Staff wants to ensure that traf�c patterns and parking are not adversely affected by the event. (1) A Farmers Market Event Permit A�plication shall be completed, a�proved and on file with the Community Development Director prior to commencement of event; providin�,�proof that all above requirements are bein_� met; A permit submittal requirement will allow the City to have the proper information submitted and approved prior to the event. Commissioner Sielaff asked whether there is any restriction as to how long the Farmers Market season will be? Ms. Stromberg replied, they did not put a restriction on that and that is why the City is asking them to tell us when they want to have it. It is up to the market, so for example if they want to have it open until November so they can potentially sell squash, pumpkins, etc., that would be up to them. Commissioner Sielaff stated one of the issues that came up at the Minneapolis farmers market is they extended the season and what they did is bring in produce from outside of Minnesota. Ms. Stromberg replied, she said staff wanted to keep it a little open ended in case someone wanted to do something in the fall or early spring but, again, the majority of the products need to be grown or produced in Minnesota. Commissioner Sielaff stated it seems to him it should be matched with the growing season in Minnesota so they do not have produce coming from California for example. Ms. Stromberg stated that requiring them to be part of the Minnesota Farmers Market Association will help with that because they also have strict requirements about that. (m) The City reserves their ri�ht to revoke any Farmers Market Event Permit issued for failure of compliance with the above requirements. The Cit.�process any such license revocation accordin� to the procedures listed in City Code Section 11.08. Providing this regulation allows the City to revoke the permit in the event that compliance of a market is not achieved. Ms. Stromberg stated staff has determined that the above listed requirements are necessary for a Farmers Market to work within the City. The above language will be added to each section of the zoning code, Planning Commission Meeting April 18, 2012 Page 5 including the residential, commercial, industrial, the "special" zoning districts, such as the S-1, Hype Park, S-2, Redevelopment, S-3, Onaway, the PUD zoning district and the newly approved TOD, Transit Oriented Development district. When the TOD language was approved, Farmers Markets were allowed through a special use permit. If they are proposing to allow Farmers Markets to exist as an accessory use, with a permit in all other zoning districts, it only seemed appropriate to allow it in the TOD as well. Ms. Stromberg stated City staff recommends approval of the proposed text amendment to the R-1, Single Family, R-2, Two Family, R-3, General Multiple Dwelling, P, Public, G1, Local Business, C-2, General Business, G3, General Shopping, CR-1, General Office, M-1, Light Industrial, M-2, Heavy Industrial, M-3, Heavy Industrial Outdoor Intensive, M-4, Manufacturing Only, PUD, Planned Unit Development, S-1, Hyde Park Neighborhoods, S-2, Redevelopment S-3, Heavy Industrial Onaway Addition and O-8, Transit Oriented Development Overlay zoning district. These changes will allow Farmers Markets to exist within the City as an accessory use, provided certain regulations can be met. These changes will support opportunities for local growers to sell fresh, locally grown produce within our Community. The proposed text amendment is attached in your packet for your review. Commissioner Solberg asked about selling items other than produce because oftentimes you go to a farmers market and you have lots of craft items, etc. The language does state locally crafted items are allowable provided they are not mass produced. Are there any other restrictions on that or is it pretty much open to people who are making furniture, jewelry, honey butter, etc.? Ms. Stromberg replied, staff would see a list as part of a submittal of the types of things that are going to be sold; but if somebody is making the jewelry at their house and they want to sell it, or honey, syrup, any of those kinds of things would be allowed as long as it is not mass produced. For example, if jewelry that is made in China and sold here, wouldn't be allowed. We don't want it to turn it into a flea market. Vice-Chairperson Oquist asked whether the individual people have to belong to the Minnesota Farmers Market Association or is it the group? Ms. Stromberg replied, usually it is a group; however, individuals can be members if they are not part of a group. Commissioner Sielaff asked who is going to control the rules and regulations of the Minnesota Farmers Market Association? They have to belong and pay dues to the Association, who controls and enforces that? Ms. Stromberg replied, when they apply to the City, they have to show proof that they belong with the Minnesota Farmers Market Association. Also, that is where the licensing comes in, toa In order to sell a product in Minnesota, you need to meet regulations set by the Minnesota Agriculture Department. Vice-Chairperson Oquist asked what if two or three neighbors got together and wanted to have their own market on their own property? Ms. Stromberg replied, they would not fit the proposed regulations because it would not be an institution in a residential district. If someone is having a garage sale and they have their own cucumbers they grew, the City would not get in the middle of that. Planning Commission Meeting April 18, 2012 Page 6 Commissioner Sielaff asked what happens if the growers do not do what they are expected to do? The Association is essentially regulating their own members? Ms. Stromberg replied, yes, they have bylaws, membership fees, etc. Commissioner Sielaff asked whether the City does anything to make sure they do those things? Ms. Stromberg replied, ultimately, they are the pros. They know more than the City staff would know about the farmers market business and that is why staff went to them to get their ideas. However, the City is requiring that each market submit information so staff can double-check that and make sure the City has their insurance, their market manager, make sure they are a member, that they have bylaws, etc. The City is doing the best they can to help regulate them. If the City does have an issue with the Minnesota Farmers Market Association staff would talk to them about it. Commissioner Sielaff asked whether the City is putting itself in a position where it is having to make sure the members follow their own bylaws? Ms. Stromberg stated the staff would not have time for that and is asking the Association for their help with making sure all these farmers that come into the community are properly licensed because that is their job. In order to be a member of the Association, they need to be properly licensed. Commissioner Sielaff stated to him it seems unclear as to where the enforcement would occur. Ms. Stromberg stated that is where the insurance comes in if something happens and also the City has the ability to revoke and stop the market from happening if there were an issue. MOTION by Commissioner Solberg to close the public hearing. Seconded by Commissioner Sielaff UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28 P.M. Vice-Chairperson Oquist stated it is pretty straightforward. He does not know of any issues. It is worth giving it a try for a year and see what happens. If they run into any problems, they may have to change the whole thing. MOTION by Commissioner Velin approving Text Amendment TA #12-01, by the City of Fridley, to amend the Fridley Zoning Code Chapter 205, to allow a"farmers market" as an accessory use in residentially zoned property, including R-1, Single Family, R-2, Two Family Units, and R-3, Multi- Family districts provided it's located on land with an institution on it and also allowing "farmers markets" as an accessory use in the P, Public, G1, Local Business, G2, General Business, G3, General Shopping, CR-1, General Office, M-1, Light Industrial, M-2, Heavy Industrial, M-3, Heavy Industrial Outdoor Intensive, M-4, Manufacturing Only, PUD, Planned Unit Development, S-1, Hyde Park Neighborhoods, S-2, Redevelopment, S-3, Heavy Industrial Onaway Addition, and TOD, Transit Oriented Development zoning district provided certain conditions can be met. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission Meeting April 18, 2012 Page 7 2. Receive the Minutes of the March 1, 2012, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the March 5, 2012, Parks and Recreation Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that the next Planning Commission meeting will be May 16, 2012. ADJOURN MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:29 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary Planning Commission Meeting April 18, 2012 Page 7 2. Receive the Minutes of the March 1, 2012, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the March 5,2012,Parks and Recreation Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that the next Planning Commission meeting will be May 16, 2012. ADJOURN MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:29 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING , Name Address/Business