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Item No: 9A Meeting Date: May 10, 2004 Type of Business: Public Hearing and CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Temporary Outdoor Sales; Special Planning Case SP-113-02 Introduction: The introduction and first reading of Ordinance 733 occurred during the City Council meeting on April 26, 2004. Staff has not received any citizen comments regarding this proposed amendment. Discussion: Chapter 504 of the Municipal Code requires that peddlers, solicitors and transient merchants obtain a permit before conducting sales. The Zoning Code (Title 1100), however, requires a conditional use permit for outdoor sales in a B-3, Highway Business District, and B-4, Regional Business District. Past practice has been to issue permits for temporary sales, which is in violation of the Zoning Code. According to Code, a conditional use permit should be obtained for any type of outdoor sales. The proposed revision would provide consistency throughout the code and would allow short-term sales to be conducted without the conditional use process. This item was brought before the Planning Commission during two meetings and before the Council at the April 5, 2004 work session and the April 26, 2004 regular meeting. Staff and the Planning Commission recommend allowing temporary outdoor sales to occur for up to ten (10) days in any commercial district. The temporary sale could occur up to three (3) times per year and each permit period must be separated by a minimum of thirty (30) days. Applicants would be required to obtain a permit from the City and meet the following conditions: the applicant must have written permission from the property owner, sales area must be grassed or surfaced to control dust, the sale cannot take up parking space and lighting must be hooded and directed away from the public right of way and neighboring residences. In addition, the ordinance limits the hours of operation to 7:00 AM to 10:00 PM. The Code revision acknowledges the license exception granted to farmers through the Minnesota Constitution.