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HomeMy WebLinkAbout05-12-11-Planning Comm. AgendaAGENDA CITY OF LITTLE CANADA PLANNING COMMISSION THURSDAY, MAY12, 2011 1. Call To Order — 7:30 P.M. 2. Roll Call 3. Approval of Minutes — April 14, 2011 PRESENTATIONS: 4. Planned Unit Development (PUD) Permit to operate an acupuncture business — 2978 Rice Street — Fei Xiao, Eternal Spring Acupuncture Correspondence pages 2 through 7 5. Variance from the setback requirement to allow a monument sign within 6 inches of the street right -of -way — 125 Little Canada Road — The Village Correspondence pages 8 through 20. 6. Text Amendment to the Zoning Code to add seasonal garden centers and farmers' markets as a conditional use in the General Business (B -3) District as well as a PUD Permit for the operation of a seasonal farmers' market — 61 West Little Canada Road — City of Little Canada Parks & Recreation Department Correspondence pages 21 through 27. 7. Other Business 8. Adjourn VFit�IZaaL'Q. MAYOR 13111 Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1.600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Hanson www.ci.little- canada.mn.us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING PLANNED UNIT DEVELOPMENT (PUD) PERMIT PROPOSAL: A request for approval of a Planned Unit Development Permit (PUD) for the operation of an acupuncture business. The property in question is zoned Planned Unit Development (PUD) District. APPLICANT: Fei Xiao Eternal Spring Acupuncture 4348 Galtier Street Shoreview, MN 55126 PROPERTY OWNER: Brenner Bank 1995 Rahncliff Court Eagan, MN 55122 PROPERTY LOCATION: 2978 Rice Street Little Canada, MN 55113 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, May 12, 2011. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, May 25, 2011 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 12, 2011 and the City Council meeting on Wednesday, May 25, 2011. Sign language interpreters for hearing - impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Conditional Use Permit for the property at 2978 Rice Street, Little Canada € The Intended Use of this property is going to be an Acupuncture Clinic. There will be one Acupuncturist working in the clinic. There may be an additional Acupuncturist working at the clinic in the future. However, that is speculation and not the case at this time, ® The hours of operation will be 9am to 5pm, Monday through Saturday. • The number of patients /clients seen daily, on average, may be 8 to 12. The appointments scheduled are staggered, and, with that, there may be at times, one, possibly two clients waiting while one client is being worked on. • Because of the staggered appointment scheduling there will be ample parking for the persons that visit the clinic. • The Conditional Use Permit will not detract nor injure any neighboring properties or from the character of the neighborhood. ® There are adequate public facilities in the surrounding area /neighborhood. TACHE `1 e ADDITIONI 4091145EST CORNER IX' _. SEG 6. t.29., 5.22, 7- NORTHWEST 005468 07 THE SalliKST 1/4 07 THE 409115EST 1/4. SEC 6 C - 397.45,--- 589 °57 1.9 "y n ,, -NORM UNE OF THE 6091NW£571/4 OF THE 264.77 110919135957 1/4. SEC. 6, 1996 29, RNG 22 SOUTH OWASSO BOULEVARD WEST EXCEPTION S895719'E 200.26 Pr4 49.500 14 095T 49,5 7.03 644 43'5 49.50 SW CORNER OF THE NWI /4 OF 0 DRAINAGE & UTUTV EASEMENT Ova ALL Of 607 9 BLACK 1 215.26 264.77 N89 °57' 19 "W - -- 397.45 - -- e DENOTES FOUND 2 RCN IRON PIPE FILLED WITH C0 NO MONUMENT SYMBOL SHOWN ON 71-10 PLAT INDICATES MONUMENTS TO BE SET ACCORDING TO MINNESOTA STATUTES. AND WHICH SHALL BE IN PLACE ON OR BEFORE ONE YEAR AFTER 7HE RECOR01340 OF THE PLAT NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763. 231.2561 planners @?nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 6, 2011 RE: Little Canada — PUD Permit for Acupuncture Business FILE NO: 758.09 — 11.10 Background and Analysis Fei Xiao is seeking a PUD Permit to operated an acupuncture business in an office condominium suite located at 2978 Rice Street, one of the Tacheny Offices at Rice Street and South Owasso Boulevard. The office project was originally approved as an office development, with particular development standards related specifically to office uses, including a somewhat reduced parking supply from that which would be applied to more general retail that can be considered in this zoning district. As such, when applicants who propose business operations that are not standard administrative office uses, the City requires a separate PUD Permit review to ensure that the nature of the proposed business will fit compatibly with other existing allowed uses, and will not overwhelm the support facilities on the common property. In this case, the applicant's business will be a clinic that sees patients for acupuncture treatment. The applicant suggests that for the foreseeable future, one acupuncturist will staff the facility, with a long -range opportunity for a second. The applicant's expected operation is to see clients by appointment, with as many as 12 potential clients during a 9 hour business day (8:00 a.m. to 5:00 p.m.). With two or three staff persons, and perhaps two or three patients on site, the clinic would be expected to generate a maximum need for approximately six parking spaces, and more often as little as two or three. At the time of development, the parking supply for the Tacheny Town Office project was provided at a ratio of about 8 spaces per unit, on average, with a few extra to cover overflow and larger office suites. Even at the expected maximum use, the proposed acupuncture clinic should have a lower demand for parking than the available supply on the property. Making sure that this is the case for the users of this project is important due to the lack of available overflow parking options, such as on- street parking, that might be available in other locations. There would not appear to be any other major impacts on the property or on the neighboring businesses from the proposed acupuncture clinic. No other external changes would be necessary to accommodate the use, and the proposed business would be expected to fit within the available facilities without negative impact. Summary and Recommendation The proposed acupuncture clinic, based on the representations of the applicants submission, would appear to meet the requirements of the office condominium PUD approvals for the Tacheny Town Office development, including the estimated demand for parking. As such, planning staff recommends approval of the PUD Permit as requested, based on a finding that the applicant is not expected to create a demand for parking any greater than a similarly -sized administrative office, and should fit within the existing facilities without negative impacts on neighboring businesses. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Fei Xiao, Eternal Spring Acupuncture, 4348 Galtier Street, Shoreview, MN 55126 C /G a� �. -"EGG Vi ftta% 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 Sena w. ci.li ttle- canada. mn. us CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING VARIANCE MAYOR 13111 Blesener COUNCIL Rick Montour John Keis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Hanson PROPOSAL: A request for approval of a Variance from the setback requirement to allow a monument sign within 6 inches of the street right -of -way. The property in question is zoned Planned Unit Development (PUD -B) District. APPLICANT & PROPERTY OWNER: Sherman Associates, Inc. 233 Park Avenue, Suite 201 Minneapolis, MN 55415 PROPERTY LOCATION: The Village 125 Little Canada Road Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, May 12, 2011. The meeting begins at 7:30 p.ln. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, May 25, 2011 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 12, 2011 and the City Council meeting on Wednesday, May 25, 2011. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator April. 28, 2011 Aiiiant ngineering, Inc. The Village at Little Canada Rice Street and Little Canada Road Signage Variance Variance to reduce the signage setback from 5' to 6" to allow a mounument sign along Rice Steet, 1. Strict enforcement of the City's ordinances would cause undue hardship because of the circumstances unique to your property. Undue hardship means that: (a) You cannot put your property to a reasonable use under City Ordinances. The setback has been requested to provide for adequate signage for the businesses. (b) Your problem is due to circumstances unique to your property, that you did not cause. The sign was depicted in the proposed location on the approved PUD plans. Ramsey County required that 9.5' of land along Rice Street be dedicated as Right of Way during the platting process (c) The variance would not after the essential character of the area. We believe the variance will not alter the essential character of the area and is in keeping with the approved PUD drawings. 2. The variance would be in keeping with the spirit and intent of the Ordinance. We believe the variance will be in keeping with the spirit and intent of the Ordinance and is in keeping with the approved PUD drawings. 233 Park Avenue South, Suite 300, Minneapolis Minnesota 554154108 Phone 612.758.3080, Pax 612.758,3099 SIGN LOCATION ,(4. inuAnt Imp itzt-Tate ade1/4-C2.4-2 " 0 6 q, THE VILLAGE AT LITTLE CANADA RECt STIIRT 1.111(1..11.401 ROO " LIIILL CANADA. 1..[SOTA CONCEPT AND FINAL STAGE PUT SUBMaTAL PRELIMINARY PLAT nl> Z E -2> mz z ERE m tel NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.2_31 .2555 Facsimile: 763. 231 .2561 planners@nacplanning.corn MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 6, 2011 RE: Little Canada — Village of Little Canada — Sign Setback Variance FILE NO: 758.09 — 11.11 Background and Analysis Representatives of the Village have requested a variance to construct a freestanding monument sign within the required 5 foot setback area along Rice Street. The freestanding sign was approved as a part of the Comprehensive Sign Plan for the project in October of 2010 as tenants were seeking occupancy, although the building had been built a few years earlier. As part of the 2010 Comprehensive Sign Plan approval, it was noted that the support information indicated that the sign appeared to be within the setback area along Rice. Street. The staff report recommended that the approval include a condition that the sign meet the setback requirement, which is five feet from any property line. The Council adopted this recommendation, and the applicant provided a plan that showed the sign to be 10 feet behind the public sidewalk along Rice Street. Piers were constructed a the time, however no sign was built on those piers. The plan submission was based on a site plan that was approved at the time of the original PUD consideration in 2004. The plat was approved at that time as well. The applicant's representative from the Sign Company stated that they would work with the City to ensure the proper setback. With the submission for a sign permit this spring, it appears that the actual setback of the proposed sign is just 6 inches within the property line, although the sidewalk location is indeed several feet from the proposed sign location. The applicants have supported their request for a variance from the five foot setback with a notation that the County took 10 feet of right of way for Rice Street at the time of the plat. Prior to that dedication, the sign would have been more than nine feet from the property line, a conforming condition. It should be noted that the plat was approved by the City in 2004, although building construction occurred after that, and sign construction is only occurring now. Variance. The City's typical standard for variance approval has been an examination of whether or not the property can be put to reasonable use without a variance, and whether or not there is a condition of the property that creates a hardship in putting the property to reasonable use. This has been a rigorous standard to meet, requiring an applicant to show that without the variance, the property was, essentially, not usable. For signage considerations, the hardship standard is even more difficult, since it is rare that a property owner could claim no reasonable use without a sign variance. This rigorous standard, based on reading of the state statutes governing zoning regulations, was confirmed by the Minnesota Supreme Court in 2010, when it overturned a variance approval in Minnetonka which was approved by the City base, in part, on a standard of "practical difficulties" — the standard used in the County Planning statutes in Statutes Section 394. The legislature, this past week, passed a revised statute which was signed by the governor on May 5, 2011. This revised statute (copy attached) synchs up the language between municipalities and counties, and replaces hardship with the "practical difficulties" language. The relevant section is as follows: To hear requests for variances from the literal provisions of the ordinance 2.21. 2.22 2.23 2.24 2.2 2.26 requirements of the zoning ordinance including 2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in 2. 28harmony with the general purposes and intent of the ordinance and when the variances are 2. 29consistent with the comprehensive plan. Variances may be granted when the applicant for 2. 30the variance establishes that there are .ractical difficulties in com.l in_ with the zonin 2. 3/ordinance. "Practical difficulties," as used in connection with the granting of a variance, 2.32means that the property owner proposes to use the property in a reasonable manner not 2. 33permitted by the zoning ordinance; the plight of the landowner is due to circumstances 2. 34unique to the property not created by the landowner ;; and the variance, if granted, will not 2. 35alter the essential character of the locality. Economic considerations alone shaft do not 3. /constitute 3.2 practical difficulties. The language deletes language requiring "uniqueness ", "hardship ", and the concept of "reasonable use ". Instead, the statute states that the City "may" grant a variance if it finds "practical difficulties" in using the property in a reasonable manner that is not allowed under the ordinance ( "use" variances are still not allowed — this refers to varying from performance standards in the ordinance). In summary, the City must find the following: • The property owner proposes to use the property in a reasonable manner. • The ordinance prohibits this manner of use. • The proposed manner of use is consistent with the intent of the zoning ordinance and with the Comprehensive Plan. • The ordinance creates "practical difficulties" in achieving the manner of use. Under this standard, the applicant no longer has to show that the ordinance prohibits any reasonable use, only that his /her request is using the property reasonably. If the City finds these tests to be met by the request, the City "may" approve a variance. The new statutory language gives the City, at least in theory, more flexibility as to when it may consider approval of a variance. Along with any increase in flexibility, however, comes a less predictable result. In support of their request, the applicants make the argument that the dedication requirements imposed by Ramsey County resulted in the inability to meet the sign setback requirement. In examining the property in question, it would not appear that there is room to locate the sign to meet the setback (while maintaining its orientation to north and south -bound Rice Street) — there is a perimeter sidewalk along the building that provides access to exterior doors on the west side of the building. The sign could be reoriented to face Rice Street (that is, run parallel to Rice Street and the building wall) and meet the setback. In such a case, the sign would not be readable to most traffic. The sign itself is not inconsistent with the Comprehensive Plan, which promotes the commercial development of much of the Rice Street corridor, including this property. The intent of the zoning ordinance's setback regulation is to promote visibility, avoid cluttering of the commercial areas immediately adjacent to the street, and provide areas for landscaping between the use of private property areas and the right of way. To assist in the analysis of this request, alternative draft findings have been included with this staff report for consideration by the Planning Commission, whether for approval or denial of the variance. Summary and Recommendation Planning staff does not make a specific recommendation on this request. Whether a request is putting the property to use in a "reasonable manner" (rather than the previous standard for "any reasonable use ") is related more to land use policy. As noted, this report includes optional findings of fact for both approval and denial. We have attempted to identify potential findings that would be helpful in determining whether the proposal is consistent with the City's idea of reasonable manner. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Draft Findings of Fact for Approval Proposed Variance for Monument Sign Setback The Village at Little Canada 125 West Little Canada Road 1. The proposed sign meets all other requirements of the Little Canada zoning ordinance. 2. The proposed sign supports the intent of the Comprehensive Plan, which is to promote commercial land uses on this parcel. 3. The proposed sign has previously been approved as a part of a Comprehensive Sign Plan approval, subject to verification of setback. 4. The proposed setback, at the time of the original site plan approval, appeared to result in a setback of approximately 10 feet from the right of way, as then configured. 5. The action of Ramsey County, at the time of requested plat approval, resulted in a loss of 10 feet of private property, leaving the sign just 6 inches from the revised right of way line. 6. Even with the loss of right of way, the sign is approximately 10 feet from the public sidewalk, providing an area of lawn and landscaping. 7. Relocation of the sign in this space is not practical due to the maintenance of access sidewalk to entrances along the west wall of the building. 8. Reorientation of the sign to be parallel to the building and street could meet the setback, but would not be visible to the sign's intended audience — the traffic along Rice Street. 9. The location of the proposed sign, and its design, are a part of using the subject property in a reasonable manner. 10.The applicant has shown practical difficulties in complying with the strict terms of the ordinance, which would otherwise prohibit this manner of use. Draft Findings of Fact for Denial Proposed Variance for Monument Sign Setback The Village at Little Canada 125st Little Canada Road 1. The proposed sign is not consistent with the intent of the zoning ordinance, in that it does not provide the requisite private landscaping area along the property line. 2. A wall sign could be utilized which would provide visibility to Rice Street traffic without violation of the City's zoning regulations. 3. The proposed sign could be reoriented to meet the setback requirement. 4. The proposed sign could be redesigned to meet the setback requirement. 5. The proposed sign could be relocated to meet the setback requirement. 6. The proposed sign does not constitute a reasonable manner of use of the subject property. H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011 -2012) Posted on Apr 29, 2011 1.lAbillforanact 1 2relating to local government; providing for variances from city, county, and town 1.3zoning controls and ordinanees;amending Minnesota Statutes 2010, sections 1.4394.27, subdivision 7; 462.357, subdivision 6. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: 2. 13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and 2. 14adjustments may be taken by any affected person upon compliance with any reasonable 2. 15conditions imposed by the zoning ordinance. The board of appeals and adjustments has 2.1 6the following powers with respect to the zoning ordinance: 2.17(1) To hear and decide appeals where it is alleged that there is an error in any 2. 18order, requirement, decision, or determination made by an administrative officer in the 2. 19enforcement of the zoning ordinance. 2.20(2) To hear requests for variances from the 2.21 2.22circumstances unique to the individual property under consideration, and to grant such 2. 23variances only when it is demonstrated that such actions will be in keeping with the spirit 2. 24and intent of the ordinance. "Undue hardship" as used in connection with the granting of a 2.2 2.2. s • . . • - . . , requirements of the zoning ordinance including 2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in 2.28harmon with the _eneral .ur•oses and intent of the ordinance and when the variances are 2. 29consistent with the comprehensive plan. Variances may be granted when the applicant for 2. 30the variance establishes that there are practical difficulties in complying with the zoning 2. 3/ordinance. "Practical difficulties," as used in connection with the granting of a variance, 2. 32means that the property owner proposes to use the property in a reasonable manner not 2. 33permitted by the zoning ordinance; the plight of the landowner is due to circumstances 2. 34unique to the property not created by the landowner;; and the variance, if granted, will not 2. 35alter the essential character of the locality. Economic considerations alone shal4 do not 3. /constitute an undue hardship if reasonable use for the property exists under the terms of 3.2 _ .. .. practical difficulties. Practical difficulties 3. 3include, but is are not limited to, inadequate access to direct sunlight for solar energy 3. 4systems. Variances shall be granted for earth sheltered construction as defined in section 3.5216C.06, subdivision 14 , when in harmony with the ordinance. The board of appeals and 3. 6adjustments or the governing body as the case may be, may not permit as a variance any 3. 7use that is not permitted allowed under the zoning ordinance for property in the zone 3. 8where the affected person's land is located. The board or governing body as the case 3. 9may be, may permit as a variance the temporary use of a one family dwelling as a two 3. IOfamily dwelling. The board or governing body as the case may be may impose conditions 3. llin the granting of variances . A 3. 12condition must be directly related to and must bear a rough proportionality to the impact 3. 13created by the variance. 3.14EFFECTIVE DATE.This section is effective the day following final enactment. MAYOR Bill Blesener COUNCIL Rick Montour Joan Keis Michael McGraw Shelly Boss 515 Little Canada Road, Little Canada, MN 55117 -1600 ADMINISTRATOR (651) 766 -4029 / FAX: (651) 766 -4048 Joel R. Manson wvinv. ci.littte -ca nad a. m.n.. u s CITY OF LITTLE CANADA NOTICE OF PUBLIC HEARING TEXT AMENDMENT & PLANNED UNIT DEVELOPMENT (PUB) PERMIT PROPOSAL: A request for approval of a Text Amendment to the Zoning Code to add seasonal garden centers and farmers' markets as a conditional use in the General Business (B -3) District as well as a PUB Permit for the operation of a seasonal farmers' market. The property in question is zoned Planned Unit Development (PUD) District. APPLICANT: City of Little Canada Parks & Recreation Department 515 Little Canada Road Little Canada, MN 55117 PROPERTY OWNER: AMF Bowling Centers, Saxon Lanes 7313 Bell Creek Road Mechanicsville, VA 23111 PROPERTY LOCATION: 61 West Little Canada Road Little Canada, MN 55117 PLANNING COMMISSION: The Little Canada Planning Commission will be reviewing this matter at its regular meeting scheduled for Thursday, May 12, 2011. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of the City Center located at 515 Little Canada Road in said City. CITY COUNCIL: Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their regular meeting to be held on Wednesday, lvlay 25, 2011 at 7:30 p.m., or as soon thereafter as parties may be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City. All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday, May 12, 2011 and the City Council meeting on Wednesday, May 25, 2011. Sign language interpreters for hearing- impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call to make the necessary arrangements. Joel R. Hanson City Administrator Coming Summer 2011 LittIe Canada Farmers' Market!! Come join us on Monday's 9 :00 am -1 :00 pm June 20, 2011 - September 26, 2011 (excludes holidays) Located at: 61 Little Canada Rd ( AMF Saxon Lanes) If interested contact: Katie McGinnity 515 Little Canada Rd Little Canada, MN 55117 651 -766 -4042 Katie.McGinnity@ci.little-canada.mn.us eig 1_ C,/- 4/ NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763. 231 .2561 pianners@nacplanning.com MEMORANDUM TO: Little Canada Planning Commission FROM: Stephen Grittman DATE: May 6, 2011 RE: Little Canada — Seasonal Garden and Farmer's Market Facilities Zoning Amendment and PUD Permit FILE NO: 758.10 — 11.02 Background and Analysis The City of Little Canada's Parks and Recreation Department has applied for an amendment to the Zoning Ordinance to permit the operation of a seasonal farmer's market within the parking lot area of the Saxon Lanes bowling facility. Under the current zoning regulations, such uses are allowed only as accessory uses by Conditional Use Permit, meaning that the seasonal outdoor sales is required to be related to a principal use of the property. Because the farmer's market would not be related to the Saxon lanes principal use, it would essentially constitute a separate principal use of the property. Seasonal outdoor sales is not listed as a separate principal use in the zoning ordinance, therefore, the PUD District language (which incorporates most of the uses in all of the City's zoning districts) does not include this as an optional use under the PUD flexibility. This amendment would clarify the position of other garden center /outdoor sales uses in the area as well. The proposed farmer's market would be located on the north end of the Saxon parking lot, covering about 11,000 square feet of area adjacent to the stormwater pond along Market Place Drive. Access would be from Market Place Drive on the east, and another parking lot access would continue to be available south of the market. The proposed Farmer's Market would operate only on Mondays from 9:00 a.m. to 1:00 p.m., so there should be no expected interference with the peak uses times of the bowling center or its associated uses. Finally, the market is expected to operate for a limited period of time, beginning in late June, and terminating by late September. To accommodate the request, the City would need to undertake two separate actions. The first would be to amend the zoning ordinance by creating this uses an allowed activity in one of the City's commercial zoning districts, and establishing the requirements under which it would operate. The discussion below proposes to accomplish this by creating an allowance for this use as a principal use by Conditional Use Permit in the City's B -3, General Business District. Under the organization of the ordinance, this would also make it a potentially allowed use in the PUD, Planned Unit Development District. The second action would be to consider a PUD Permit for the proposed use as proposed by the Parks and Recreation Department on the Saxon Lanes property, a PUD zoned parcel. Ordinance Amendment. The following proposed amendment establishes seasonal garden centers and farmer's markets as a principal use on property in the B -3 zoning district, and proposes a series of conditions to limit the potential impact and location of such uses to ensure that they can co -exist with other commercial land uses in the area. This amendment would not affect PUD or Interim Use Permits for outdoor display as accessory uses, such as the display of materials by the hardware store or similar activities. Section 912.040 (requires a Conditional Use Permit in the B -3 District) K. Seasonal Garden Centers and Farmer's Markets, provided that: 1. The Garden Center or Farmer's Market registers its dates of occupation of the property each year with the City of Little Canada. 2. Prior to occupancy, the applicant must file a site plan with the City specifying the location of the facility, any physical improvements (whether temporary or permanent), and a narrative specifying operational details and open hours. Such narrative shall be co- signed by a representative of the owner of the property. 3. The application must identify any proposed lighting related to the facility, and such lighting must be extinguished when the facility is closed. 4. The facility may utilize a maximum of two (2) signs, each sign being no greater than 32 square feet in total area, with no more than one such sign permitted to be freestanding. Such signs may remain in place only during the approved dates of occupation, and shall comply with all other requirements of the City's sign ordinance. 5. Goods sold at such markets shall consist solely of fresh produce, food products, other garden vegetation for consumption, use, or replanting, along with accessory materials clearly related to the consumption or use of such products. 6. The facility must be served by an off - street parking supply equal in area to the size of the facility itself. 7. The seasonal facilities shall be located only on property that can accommodate the use without conflict with permanent facilities, including parking, circulation, and other activity. PUD Permit — Saxon Lanes (61 Little Canada Road W.) As noted previously, the proposed farmer's market is to located on the north end of the Saxon lanes parking lot, and be operated from 9:00 a.m. to 1:00 p.m. on Mondays from June through September. The applicants have submitted a site plan that identifies the specific location, and which has more than adequate parking due to the more evening - oriented activities of the principal occupant of the property. With regard to the proposed ordinance amendment language, the applicants should identify any improvements or operational aspects of the farmers market, such as how vendors will display goods (tables, canopies, etc.), whether they anticipate a perimeter enclosure of any sort, and the style of sign identification, if any. The proposed ordinance limits goods sold at such facilities to food products of other vegetation (flowers, plant materials, etc.), and related accessory materials — common would be gardening tools, fertilizers, flower pots, etc. This code would specifically not allow automobiles, rugs, paintings, or similar such sales commonly seen in some areas. With the submission of some additional clarifying information, the applicants have selected a site that should suit its purpose and meet the intent of the ordinance under consideration. Summary and Recommendation Planning staff recommends approval of the amendment to the zoning ordinance and the PUD Permit for the farmer's market at the Saxon Lanes location, with the following conditions: 1. The applicants submit a narrative to the City identifying operational information, physical improvements, signage, and any other requirements as noted in the ordinance, as adopted. pc: Kathy Glanzer Steve Westerhaus Lee Elfering Jim Morelan, City of Little Canada, 515 E. Little Canada Road, Little Canada, MN