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Home My WebLink AboutOrdinance - 19-2022 - Amending City Code Chapter 11 Relating to Temporary Sales Events - 10/13/2022CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, AND 11.70 RELATING TO OUTSIDE STORAGE, DISPLAYS, AND SALES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENAL TY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, is amended to revise the title of Subsection J to read "Outside Storage, Displays, and Sales". Section 2. City Code Chapter 11, Section 11.02, is amended by inserting the following new definitions: Temporary Outdoor Sales Event means a sales event held out of doors, characterized by the short-term or seasonal nature of the event. Outdoor Display Area Limits means the actual square footage under a tent or enclosed in any manner, plus any area obstructed from its intended use due to access by an outdoor display area or outdoor sales event. Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(a) is amended in the first sentence by inserting after the word "year" the phrase "only with the prior approval of the City Manager or their designee and". Section 4. City Code Chapter 11, Section 11. 03, Subdivision 3, Subsection J, Item 2( a)(3) is amended by deleting "a private sidewalk at least five (5) feet wide" and replacing it with "any designated pedestrian pathway". Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(a)(5) is amended by deleting the item in its entirety and replacing it with the following: (5) Is not located in the required parking area unless in accordance with the following: a. Not more than one-half of one percent (0.005) of the required parking stalls may be utilized for the temporary outdoor display area. b. Any impact to drive aisles is subject to approval by the Fire Chief. Section 6. City Code Chapter 11, Section 11. 03, Subdivision 3, Subsection J, Item 2(b) is amended in the first sentence by inserting after the word "year" the phrase "only with the prior approval of the City Manager or their designee and". Section 7. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(c) is amended by deleting the item in its entirety and replacing it with the following: ( c) Outdoor Display Area Limits. Outdoor display area limits may encompass an area no greater than seven percent (7%) of the base area of the completely enclosed building. Section 8. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 4 is amended by inserting after the word "type" the phrase", including a temporary outdoor sales event,". Section 9. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J is further amended by adding the following new Item 5: 5. Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted in any zoning district that permits retail use and only upon compliance with the following: (a) Permit Required. No temporary outdoor sales event may be held without first obtaining a permit from the City. Any person who operates a retail business in the principal building on a parcel or the owner of the parcel on which a retail business is located may apply for a temporary outdoor sales permit for the parcel. The applicant must complete an application form provided by the City and submit with the application a complete description of the temporary outdoor sales event and a sketch showing the size and location of the event on the parcel and any other information deemed necessary by the City to consider the application. If the applicant is not the owner of the parcel on which the event will be held, the applicant must provide evidence satisfactory to the City of the owner's consent for the temporary outdoor sales event. The applicant must also submit at the time of the application the then-current permit fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the permit no more than thirty (30) days from the receipt of the complete application and payment of the applicable fee. Permits are subject to all requirements of this subsection J.5. Any event held within a tent must obtain a tent permit from the City. (b) Location. The temporary outdoor sales event may only be held in the location specified in the approved permit. Any impact to drive aisles is subject to approval by the Fire Chief. The temporary outdoor sales event may not obstruct designated pedestrian pathways. 2 ( c) Products Sold. Only products regularly sold within the principal building may be sold at the temporary outdoor sales event. ( d) Size. The temporary outdoor sales event may not encompass an area greater than four percent (4%) of the base area of an enclosed building located on the parcel on which the outdoor sales area is situated. In Industrial Districts and for parcels that include multi-tenant buildings, the outdoor sales area may not exceed four percent ( 4%) of the gross retail space of the industrial user or tenant for which the permit was issued. ( d) Duration. No temporary outdoor sales event may last longer than four ( 4) days, including set-up and take-down. (e) Frequency. No parcel may be issued more than four (4) temporary outdoor sales event permits per calendar year. Section 10. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection H is amended by adding the following new Item 4: 4. Where temporary outdoor sales events are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six ( 6) feet in height may be located on the same parcel as the temporary outdoor sales event area for the duration of the event. The sign may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event. Section 11. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 12. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 2022, and finally read, adopted, and ordered published at a regular meeting of the City Council of said City on the 4th day of October, 2022. Kathy Nelson, J\cting Mayor Published in the Sun Sailor on the 13th day of October, 2022. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 19-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, AND 11.70 RELATING TO OUTSIDE STORAGE, DISPLAYS, AND SALES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11, Sections 11.02, 11.03, and 11.70 related to temporary sales events. The amendment provides for retail businesses to hold out of door sales events, and establishes regulations for these events, including duration, frequency, size, and an approval process. The ordinance also establishes definitions related to the event, and provides for additional temporary signage allowed during an event. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathy Nelson, A6ting Mayor PUBLISHED in the Sun Sailor on October 13, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SS Mtka_Excelsior_Eden Prairie with the known office of issue being located in the county of: ' HENNEPIN . ·with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 lA.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/13/2022 and the last insertion being on 10/13/2022 . MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580 .033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditfons described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By :~~~~~::.........<!!..:::.~~~~~""""I Designated Agent Subscribed and sworn to or affirmed before me on 10/13/2022 by Debbie Schwalba. 9~/Dha<.-f~ Notary Public Rate Information: (1) Lowest classified rate paid by co=ercial users for comparable space: $61.35 per column inch Ad ID 1263972 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 19-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, AND 11.70 RELATING TO OUTSIDE STORAGE, DISPLAYS, AND SALES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA, ORDAINS: Summary: This ordinance amends Chapter 11 , Sections 11.02, 11.03, and 11. 70 related to . temporary sales events. The amendment provides for retail businesses to hold out of door sales ·events. and establishes reg- ulations for these events, including duration , frequency, size. and an approval process. The ordinance also establishes definitions related to the event, and provides for ad- ditional temporary signage allowed during an event. Effective Date : This Ordinance shall take effect upon publication. A full copy of the text of this Or- dinance is available from City Clerk Kathy Nelson , Acting Mayor ATIEST: Nicole Tingley, City Clerk Published in the Sun Sailor October 13, 2022 1263972